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Town Board Meeting

October 11, 2006

A regular meeting of the Jewett Town Board was held on October 11, 2006. Supervisor Michael Flaherty called the meeting to order at 7 P.M. Present were Board members Thomas Hitchcock, Charles Kutcher and Harry T. Wilson. Also present were Superintendent of Highways Robert Mallory, Assessor Georgette Krauss, Zoning Officer William Dwyer and Attorney for the Town Tal G. Rappleyea. Town residents Ann Dwyer, Gregory Kroyer, Marijka Kostiw, Daria Kostiw, Mark Tauss, Chris Schoepe and Matt Jawno, newspaper reporter Mike Ryan and the town clerk.

Minutes of the September 13, 2006 regular meeting were accepted on a motion by Councilman Wilson, 2nd by Councilman Kutcher and carried.

The Building Inspectors written monthly report was accepted on a motion by Councilman Wilson, 2nd by Councilman Hitchcock and carried.

The Zoning officer presented his written monthly report. He said the two trailers on Sugar Loaf Trail have been closed out.
A motion was made by Councilman Hitchcock, 2nd by Councilman Kutcher and carried to accept the report.

Councilman Kutcher moved to accept the recommendation of the Assessor for tri-annual aid for the 2007 tax roll, 2nd by Councilman Hitchcock and carried.

Superintendent Mallory told the Board that the Town wide clean up went well.
Councilman Wilson said, “The highway crew did a terrific job.”

The Superintendent also reported he will be having a meeting with the State highway foreman to discuss Wright Road. The state will investigate as to who has the right of way to clean the ditch out along the back of the properties.

Courtesy of the floor:

Ms. Kostiw asked the Board for advice. Her house is next to the Village of Hunter garage and next to the waste station. She said, “Trash is left on the property, trees were supposed to be planted along the property line and there is an incredibility bright light that is on all night and nothing to obstruct the noise. Nothing has been taken care of.”
Supervisor Flaherty said there is an agreement that became an order of the court when the property was annexed. There were stipulations such as a double row of trees, a berm and shielding of the light, etc.
Attorney Rappleyea was instructed to write the Village of Hunter reminding them of their obligations.

Courtesy of the floor was closed.

The Supervisor’s monthly report was given to the Board and bank statements were made available for review.

Councilman Kutcher made a motion to accept the August financial report, 2nd by Councilman Hitchcock and carried. Councilman Wilson abstained.

Supervisor Flaherty made a motion to approve Resolution #21, 2nd by Councilman Wilson and carried.
This resolution is an amendment to the highway budget concerning FEMA funds, which are encumbered for 2007.
ROLL CALL: Aye 4 Flaherty, Hitchcock, Kutcher and Wilson.
Nay 0

The draft emergency management plan was discussed. Councilman Hitchcock said, “They talk about areas of flooding along the Schoharie Creek and only a small portion of the Schoharie Creek is in the Town. The East Kill is not mentioned at all and is entirely within the Town. Why would we evacuate unless we got hit dead center?”

Supervisor Flaherty said, “This is only a draft. Look it over and get familiar with it. We may never use it but it is a mandate and we have to have something in place.”

Supervisor Flaherty made a motion, 2nd by Councilman Hitchcock and carried appointing Ann Dwyer to a five-year term on the Zoning Board of Appeals. Her term will expire 12/31/2011.

Supervisor Flaherty made a motion, 2nd by Councilman Hitchcock and carried appointing Janet Nicholls to a seven-year term on the Planning Board. Her term will expire 12/31/2013.

Councilman Kutcher recommended that the next time a position is up for reappointment the Board have that person’s attendance record and a recommendation from their board chairperson before we decide we even want an interview.

The finance committee of Councilmen Hitchcock and Kutcher audited the bills prior to the meeting.
Councilman Hitchcock made a motion recommending the Board approve the audit. Councilman Kutcher 2nd the motion and all Board members voted Aye.
The general fund was $11,484.35 on abstract #10, claim numbers 209 to 228. The highway fund was $15,430.08 on abstract #10, claim numbers 179 to 196.

Supervisor Flaherty made a motion, 2nd by Councilman Kutcher and carried approving Resolution #22. This resolution will request that a mirror be placed at the intersection of Butternut Road and County Rt. 17.
ROLL CALL: Aye 4 Flaherty, Hitchcock, Kutcher and Wilson.
Nay 0

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Councilman Wilson made a motion, 2nd by Councilman Kutcher and carried to go into executive session at 8:15 P.M. concerning potential litigation.
Councilman Wilson made a motion, 2nd by Councilman Kutcher and carried to come out of executive session at 8:45 P.M.
A motion was made by Councilman Hitchcock, 2nd by Supervisor Flaherty instructing Attorney Rappleyea to pursue an Article 78 hearing on the denial for information.

There being no further business the meeting was adjourned at 9:46 P.M. on a motion by Councilman Hitchcock, 2nd by Councilman and carried.

_______________________________
Patricia Merwin Town Clerk

Budget Workshop

October 18, 2006 and October 24, 2006

A budget workshop was held on October 18, 2006. Supervisor Michael Flaherty called the workshop to order at 6:30 P.M. Present were Board members Thomas Hitchcock and Charles Kutcher and the town clerk.
The workshop was closed at 8:40 P.M.

A second budget workshop was held on October 24, 2006. Supervisor Michael Flaherty called the workshop to order at 1:00 P.M. Present were Board members Thomas Hitchcock, Charles Kutcher and Harry T. Wilson and the town clerk.

After completing work on the budget a motion was made by Councilman Kutcher, 2nd by Councilman Hitchcock and carried approving the budget as the preliminary budget for 2007.

A public hearing on this preliminary budget will be held November 8, 2006 prior to the monthly meeting.

The workshop was closed at 5:30 P.M.

____________________________
Patricia Merwin Town Clerk


Planning Board

October 5, 2006


Roll Call: Chair: Jane Bostrom
Members: Joan Kutcher, Janet Nicholls and Carol Muth
Absent: Gene Beers, Paul Rosedale

Agenda Item 2: Approval of Minutes of September 7, 2006.
Mrs. Nicholls made the motion to approve the minutes. Mrs. Bostrom seconded the motion. The vote was unanimous and the motion carried.

Agenda Item 3: Public Hearing on Application for Minor Subdivision for Russell Finazzo of 133 Windy Lane, Jewett, NY; Tax Map No. 111.00-2-10; District: Rural Residential. Present: Mr. Russell Finazzo,

Mrs. Muth made the motion to open the Public Hearing. Mrs. Nicholls seconded the motion. The vote was unanimous and the hearing opened at 7:44 pm. Mr. Finazzo submitted the revised plans which included the road maintenance agreement notation, the certified mailing receipts, the copy of the notice sent and the certification of sign posting. It was noted that all septic systems have been approved by DEP and the road maintenance agreement notation is on the lower left corner of the plat. Mr. Finazzo agreed the draft agreement must be finalized and signed. Mrs. Bostrom called for comments from the public. Mr. Larry Gardner, representing Mr. Gallois, a neighbor, inquired about lot 2 being a flag lot which would require a 50 road frontage. In reviewing the July 3rd minutes, it was noted that lots bordering a cul-de-sac are not flag lots. Mr. Gallois is concerned about activity on the driveway. If existing vegetation is left intact for screening, he would be satisfied. A fax letter from Mr. Tom Duffy regarding road maintenance and the siting of the house on lot one was reviewed and placed in the file for the record. There were no other comments from the public. Mrs. Muth made the motion to close the hearing. Mrs. Nicholls seconded the motion. The vote was unanimous and the hearing closed at 8:07 pm.

Agenda Item 7: Application for Minor Subdivision for Russell Finazzo of 133 Windy Lane, Jewett, NY; Tax Map No. 111.00-2-10; District: Rural Residential. Present: Mr. Russell Finazzo.

Mr. Finazzo informed the Board he had mailed the road maintenance agreement to all the owners on Windy Lane. A signed and dated copy was put in the file for the record. No responses were received by Mr. Finazzo. After review of the application and supporting documentation Mrs. Muth made the motion to approve the application with the condition that the vegetation between the Finazzo-Gallois property line and the proposed driveway on lot three be preserved for a distance of 75 feet from the cul-de-sac, in order to insure the privacy of the residents. Mrs. Nicholls seconded the motion. ROLL CALL VOTE: MRS. BOSTROM – AYE; MRS. NICHOLLS – AYE; MRS. KUTCHER – AYE; MRS. MUTH – AYE; MR. BEERS – ABLSENT; MR. ROSEDALE – ABSENT; VACANT. The motion was approved and the Chair signed the plats, except the Mylar which was not available. Mr. Vanucchi will provide the Mylar on October 6, 2006 for the chair to sign. Members agreed. Mrs. Bostrom reminded the applicant the plats must be filed in the County Clerk Office within 30 days.

Agenda Item 8: Application for Minor Subdivision for Joann Rubinger of County Rt. 40, Jewett, NY; Tax Map No. 131.00-2-3; District: Rural Residential. Present: Joann Rubinger.

This application is pending a decision from the Town of Jewett Zoning Board of Appeals regarding Ms. Rubinger’s Application for Area Variance on the location of the existing shed. Members agreed to schedule this application for the November meeting.

Agenda Item 9: Application for Sketch Plan Review for Sheepskin Hills Inc of Ford Hill Road, Jewett, NY; Tax Map No. 147.00-2-21.11; District: Rural Residential. Present: Mr. Joe Vanucchi.

The applicant submitted an Application for Minor Subdivision, appropriate fee, short-form SEQR and preliminary plats. Members noted the size of the plats are substandard and Mr. Vanucchi agreed to submit the corrected plats for the November meeting and include proper survey results. Mrs. Nicholls made the motion to appoint the Planning Board as Lead Agency under SEQR. Mrs. Muth seconded the motion. The vote was unanimous and the motion carried. The Board proceeded with the SEQR review. Mrs. Kutcher made the motion to determine there were no adverse environmental impacts from the action. Mrs. Muth seconded the motion. The vote was unanimous and the motion carried. Mrs. Kutcher made the motion to waive Article III, Section 1, Paragraph A, sub-Paragraph 2 requirement, because no building is proposed in the near future. Mrs. Nicholls seconded the motion. The vote was unanimous and the motion carried. This application will be scheduled for the November meeting.

Agenda Item 10: Report from County Planning Board Representative.
Mr. Beers was not present, therefore there is no report.

Agenda Item 11: Other business:
Mrs. Bostrom read the article about the Private Property Rights Implementation Act.

There being no other business, Mrs. Nicholls made the motion to close the meeting. Mrs. Muth seconded the motion. The vote was unanimous and the meeting closed at 9:43 pm.

Respectfully Submitted,

Joan Kutcher, Acting Clerk

___________________________
Jane Bostrom, Chair