November 9, 2005

A regular meeting of the Jewett Town Board was held on Wednesday, November 9, 2005.
Supervisor Michael Flaherty called the meeting to order at 7PM. Present were Board members Thomas Hitchcock, Charles Kutcher, Paul LaPierre and Harry T. Wilson.
Also present were Attorney for the Town Tal G. Rappleyea, Building Inspector Tom Cross, Zoning Officer William Dwyer, Town residents Jane Bostrom and Shawn Jaeger, newspaper reporter Mike Ryan and the town clerk.

Supervisor Flaherty opened the Public Hearing on the 2006 Town budget.

There were no comments from the public. The hearing was closed on a motion by Flaherty, 2nd by LaPierre and carried.

Supervisor Flaherty made a motion to adopt the preliminary budget as the 2006 annual Town budget. Seconded by LaPierre and carried.
Councilman Wilson said he was “objecting to the salaries of the highway department. I think they should be reviewed particularly at the entry level and the salary for the Supervisor.” These items were discussed at the budget meeting but nothing was done at that time.

Minutes of the October 8, 2005 regular meeting were accepted on a motion by Hitchcock, 2nd by LaPierre and carried.
Minutes of the October 1 and 2 budget workshops were accepted on a motion by Flaherty, 2nd by Wilson and carried.

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

Building Inspector Tom Cross presented his monthly report to the Board. He said 6 new permits were done in October. He told the Board that there are a lot C of O searches to be done. He suggested the Board consider raising the cost from $30 to $50 per search because of the time it takes to do some of the searches. For the December meeting he will bring in information on what other Towns charge.
Supervisor Flaherty made a motion to accept the building inspectors report, 2nd by Kutcher and carried.

The Zoning Officer gave his monthly report to the Board.
Councilman Hitchcock asked what the status was on the cars at Steinherr’s. The zoning officer said he was told that the case was dismissed in Town court.
Attorney Rappleyea was asked why he wasn’t in court when this case was dismissed. He said “when you get arraigned you pled guilty or not guilty and there would be no reason for me to show up at that point.” He said that Mr. Steinherr might have had documentation to show that the cars are registered; therefore the judge dismissed the case.

Board members also said that the Justices are not responding to the request for monthly reports.
Attorney Rappleyea will research what can be done with the State Judicial office.

Attorney Rappleyea was also asked to research the Towns local law to see if the Town can remove unregistered vehicles at the owner’s expense.

Attorney Rappleyea informed the Board that Mr. D’Acunto’s trial begins on November 21st in Catskill.

Councilman LaPierre made a motion to accept the zoning officers report, 2nd by Flaherty and carried.

There were no comments under courtesy of the floor.

Under old business:

Planning Board Chairwoman Jane Bostrom said the planning board has not had time to review the private roads/subdivision amendment. The planning board will try to review this item at its next meeting.

Supervisor Flaherty gave an update on the Town of Hunter landfill. He said “we pretty much have our ducks in a row with the contractors in regards to the artificial wetlands. We have a two-year extension on our grant for landfill closing. At this point it looks like no cost or a very small cost to the member Towns. It should be in the ground starting in the spring. It takes about 18 months for the vegetation to develop itself.”

Under new business:

Attorney Rappleyea responded to the lot line adjustment court decision. He said “there was a court case last summer on lot line adjustments that said you basically create new lots every time you change the line, it might impact the environmental statement. This might have an impact on our subdivision regulations.”
Attorney Rappleyea will do some research for the next meeting.

Supervisor Flaherty signed the contract between the Town and the Columbia Greene Humane Society for 2006.

Supervisor Flaherty signed the contract between the Town and Greene County EMS for 2006. The fees for the Town have been reduced from $12,000 to $1400.

Greene County Soil & Water wants to apply for a grant under the Quality Communities Grant and asked the Town for a letter of support. They want to stress recreational and hiking trails as a major attraction for the mountain- top.
The Board tabled this item so they can review the information.

Supervisor Flaherty made a motion to adopt Resolution #14. Seconded by Councilman Wilson. This resolution moves FEMA funds into the highway budget.
ROLL CALL Aye 5 Flaherty, Hitchcock, Kutcher, LaPierre and Wilson.
Nay 0

The Board requested that the highway department account for each FEMA project by DSR on a monthly basis until all FEMA projects relating to the April 2-4, 2005 storm have been completed and a final reconciliation of the funds be provided.

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 $11,160.61 on abstract #11, claim numbers 238 to 271. The highway fund was $38,128.78 on abstract #11, claim numbers 168 to 191.

Councilman LaPierre reported on his meeting with George Sawicki on Saturday November 5th. Mr. Sawicki was given information on the zoning law, subdivision regulations, a copy of Charles’ letter and the Town web site because it has demographic information and a copy of the Town’s history.
The Councilman and Mr. Sawicki met in the municipal building. They also walked around outside and looked at the town garage and salt barn.
Mr. Sawicki will put together a proposal for the Board and guide them through the process.

Under other:

The Superintendent of WAJ Central School would like to address the Board at the December meeting.

Mr. Sam Accardi is interested in purchasing an 8- acre parcel belonging to the Town on Little Timber Road.
The Supervisor will inform Mr. Accardi that the Town will consider the proposal.

Councilman Hitchcock asked what the plan was to follow through on Colgate Lake?
The Board agreed that they would like a meeting with the State officials and have the current problems frozen.
The Board asked that this item be on the December agenda. Members will come in with ideas as to what they would like to see being done short term.

Councilman Wilson made a motion to go into executive session for potential litigation. Seconded by Hitchcock and carried.
Councilman Hitchcock made a motion to come out of executive session, 2nd by LaPierre and carried.
There were no decisions made.

Board members are asked to come to the December meeting with coat and tie for picture taking.

There being no further business the meeting was adjourned at 9:40 PM on a motion by Flaherty, 2nd by Kutcher and carried.

_____________________________________
Patricia Merwin Town Clerk

Planning Board

November 3, 2005

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

The meeting was called to order at 7:30 PM.

Agenda Item 2: Approval of Minutes of October 6, 2005.
Mrs. Kutcher made the motion to approve the minutes. Mr. Beers seconded the motion. The vote was unanimous and the motion carried.

Agenda Item 3: Public Hearing on Application for Site Plan Review for Mountain View Estates, Maplecrest Road, Jewett, NY; Tax Map No. 113.00-1-2; District: Rural Residential. Present: Gary Kerzic, Delaware Engineering

Mrs. Muth made the motion to open the Public Hearing. Mr. Beers seconded the motion. The vote was unanimous and the hearing opened at 7:32 pm. Mr. Kerzic submitted the required certification of mailing and copy of the notices. Mrs. Bostrom called for comments from the public. Mr. R. Konz inquired about the location of the proposed building and Mr. Kerzic indicated it would be located next to the recreation room and pool. Mrs. Bostrom read the fax letter received from J. Franklyn Dickson regarding the impact of the plant on waste water discharge and requested allowing his expert to review the proposal before a decision is made. Mr. Kerzic indicated they had initially approached Mr. Dickson to discuss acquiring land prior to deciding on this proposal. Mr. Kerzic stated the treatment plant would improve the quality of the waste water discharged into the pond and there would be no increase in the amount of the water. The Board’s engineer, Lamont Engineering, has addressed the issues in his report which the Board has accepted. Since Mr. Dickson’s concerns have been reviewed previously, there is no need to delay a decision. There were no other comments from the public. Mr. Beers made the motion to close the Public Hearing and Mr. Rosedale seconded the motion. The vote was unanimous and the hearing closed at 7:48 pm.

Agenda Item 4: Application for Site Plan Review for Mountain View Estates, Maplecrest Road, Jewett, NY; Tax Map No. 113.00-1-2; District: Rural Residential. Present: Gary Kerzic, Delaware Engineering

Mrs. Dwyer reported receiving the approval letter from the Greene County Planning Board. After review of the application Mrs. Bostrom noted that everything was complete except for receipt of the required escrow funds. Mr. Beers made the motion to approve the site plan conditional upon the receipt by the Town Supervisor of the escrow funds, and the Notice of Action on this application will be held by Mrs. Dwyer until the Supervisor advises her that the funds have been received. Mrs. Kutcher seconded the motion. ROLL CALL VOTE: MRS. BOSTROM – AYE; MRS. KUTCHER – AYE; MR. BEERS – AYE; MRS. MUTH – AYE; MR. ROSEDALE – AYE; MRS. NICHOLLS – ABSENT; VACANT. The motion carried and the Site Plan was approved conditionally.
Agenda Item 5: Application for Minor Subdivision for John Mignone of 121 and 189 Sugar Loaf Trail, Jewett, NY; Tax Map No. 132-00-3-63 and 132.00-3-64; District: Rural Residential. Present: Mr. Mignone.

Mr. Mignone presented the revised survey and stated that the road issue with the neighbors has been resolved. The culvert at the turn in the road has been closed, so the water will not be directed onto the neighboring properties. In addition, he has spoken to Mr. Mulholland regarding maintaining the road. Mrs. Bostrom stated the road maintenance agreement provision must be included in the deeds and draft deeds for both proposed lots must be submitted. Mr. Mignone stated he would be maintaining the road up to the lot line of the second lot for the present time, since no house is proposed for that lot and the present road is just a dirt track. Mrs. Dwyer provided a copy of the deed wording to Mr. Mignone. Mrs. Bostrom made the motion to appoint the Planning Board as Lead Agency for the SEQR Review. Mrs. Muth seconded the motion. The vote was unanimous and the motion carried. Members completed the SEQR review. Mr. Beers made the motion to approve a negative declaration which determines the action will not result in any adverse environmental impacts. Mrs. Muth seconded the motion. The vote was unanimous and the motion carried. Mrs. Bostrom noted the draft form of the deeds with the road maintenance provision is still required. Mrs. Kutcher made the motion to accept the application conditionally, pending receipt of the deed drafts by November 17th and to schedule the Public Hearing for December 1, 2005 at 7:30 pm. Mr. Beers seconded the motion. The vote was unanimous and the motion carried. Mrs. Dwyer provided the form of the notice to Mr. Mignone and Mrs. Bostrom instructed him to send the notice to all neighbors within 500 feet by certified mail at least 10 days prior to the Public Hearing Date.

Agenda Item 6: Application for Minor Subdivision for Konstantin Kostov and Biliana Alabatchka of 294 CR 77, Jewett, NY; Tax Map No. 111.00-3-16; District: Rural Residential. Present: Mr. Konstantin Kostov and Mr. Richard Sardo, Land Surveyor.

Mr. Sardo presented the application and plat reflecting the two lot subdivision, a 3.94-acre parcel and a 48.85-acre parcel with the dimension of the narrow corridor noted. He also submitted a topographical map of the entire parcel with the wetlands noted. He stated the driveway that leads to the neighboring parcel is not used. After review of the application and plat, members noted three corrections still to be made; the tax map box must be corrected, and the missing neighbor name must be included [lot 124.00-3-3]. Mrs. Bostrom 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. Members completed the SEQR review. Mr. Beers made the motion to approve a negative declaration which determines the action will not result in any adverse environmental impacts. Mrs. Kutcher seconded the motion. The vote was unanimous and the motion carried. After review of the application, Mr. Rosedale made the motion to accept the application conditionally, pending receipt of the revised plat by November 10th and to schedule the Public Hearing for December 1, 2005 at 7:30 pm. Mr. Beers seconded the motion. The vote was unanimous and the motion carried. Mrs. Dwyer provided the form of the notice to Mr. Kostov and Mrs. Bostrom instructed him to send the notice to all neighbors within 500 feet by certified mail at least 10 days prior to the Public Hearing Date.

Agenda Item 7: Application for Major Subdivision for Michael Elias of 50 Carl Road, Jewett, NY; Tax Map Nos., 111.00-3-19 to 24; District: Rural Residential. Present: Michael Elias

Mr. Elias has changed his proposal from a six lot subdivision to a four lot subdivision. He has combined lots 3-23 and 3-24 into one lot. Since the Board approved the six lot Sketch Plan, Mrs. Muth made the motion to rescind the six-lot Sketch Plan acceptance and designation as a major subdivision. Mrs. Kutcher seconded the motion. The vote was unanimous and the motion carried. Mrs. Kutcher made the motion to accept the four-lot Sketch Plan submitted and to declare it a major subdivision. Mrs. Muth seconded the motion. The vote was unanimous and the motion carried. Mr. Elias stated this application is only to change the lot configurations and no construction is proposed at this time. Members agreed that since there are no houses or construction proposed, then the requirement for Design Approval Letter from DEP is not required. Mr. Elias provided PERC test results on three of the four lots. Mrs. Bostrom noted the plat should read ‘Preliminary Plat’; monuments are required and Mr. Rappleyea stated a pinning letter from the surveyor is sufficient. Mrs. Bostrom also noted the size of the Final Plat should be 24” x 36”. Mrs. Bostrom made the motion to appoint the Planning Board as Lead Agency for the SEQR review. Mrs. Muth seconded the motion. The vote was unanimous and the motion carried. Members completed the SEQR review. Mrs. Bostrom made the motion to approve a negative declaration which determines the action will not result in any adverse environmental impacts. Mr. Beers seconded the motion. The vote was unanimous and the motion carried. Mrs. Muth made the motion to accept the application and preliminary plat, conditional upon receiving the final PERC results and the surveyor’s pinning letter by November 10th and to schedule the Public Hearing for December 1, 2005 at 7:30 pm. Mr. Beers seconded the motion. The vote was unanimous and the motion carried. Mrs. Dwyer provided the form of the notice to Mr. Elias and Mrs. Bostrom instructed him to send the notice to all neighbors within 500 feet by certified mail at least 10 days prior to the Public Hearing Date.

Agenda Item 8: Application for Sketch Plan Review for Russell Finazzo of 133 Windy Lane, Jewett, NY; Tax Map Nos. 111.00-2-10; District: Rural Residential. Present: Russell Finazzo and Sal Scotto.

Mr. Finazzo is proposing to subdivide a 19-acre parcel into four lots. There is presently one house on the property, and the property is located at the end of the cul-de-sac. Mr. Scotto stated the cul-de-sac is 100 feet wide with a 50 foot radius. Members discussed requiring a road maintenance agreement in the deeds. Mrs. Dwyer provided a copy of the wording to be included in the deeds. After review of the application and sketch plan, Mrs. Muth made the motion to accept the Sketch Plan and to declare it a Minor Subdivision. Mrs. Kutcher seconded the motion. The vote was unanimous and the motion carried. Mrs. Dwyer provided the application, short form SEQR, noted the fee is $800.00, and informed him of the 10-day prior submission requirement.

Agenda Item 10:
1. Pending C: Review of pre-existing subdivision for Camille Tominaro of 30 Ford Hill Road, Jewett, NY; Tax Map No. 147.00-1-4; District: Rural Residential. Present: Camille Tominaro.

Ms. Tominaro is requesting approval of a pre-existing subdivision for which she never filed a plat with the County Clerk’s office. Ms. Tominaro stated the County Clerk only requires a letter from this Board in order for them to accept the plat. Mrs. Bostrom read the memo sent to Mr. Rappleyea regarding this request. Mr. Rappleyea stated he reviewed the memo and the regulations and he informed Ms. Tominaro the Town Board changed the regulations in order to avoid this type of situation. He stated the Town Board provided plenty of notice to the public of the proposed change by publishing it in the Windham Journal, and the change in the regulations provided a sufficient period of time for the public to take action to file their plats. Ms. Tominaro stated she was not aware of the change to the regulations since she lived out of town. Mr. Rappleyea stated that did not mitigate the situation and since Ms. Tominaro did not file with the County Clerk by January 1, 1992, then in order to subdivide her property, she would have to file an Application for Sketch Plan Review. Mrs. Bostrom noted that the subdivision of .985-acres is not allowed under the regulations, since the minimum lot size for the district is 2.5-acres, however, Ms. Tominaro has sufficient acreage to subdivide the property into two lots. Ms. Tominaro asked what recourse she has in order to appeal this decision. Mr. Rappleyea stated this decision could not be appealed to the Zoning Board of Appeals and her only option would be an Article 78 proceeding suing the Town claiming the Planning Board acted arbitrarily and capriciously.

2. Pending: Proposed Subdivision Regulation Amendment
Mrs. Dwyer provided copies of the Town Board response to the Planning Board memo regarding amendment to the road requirements of the Subdivision Regulations. Mrs. Bostrom recommended tabling the review in order to provide sufficient time for the members to read the response and to schedule discussion at the December meeting. Members agreed.

Agenda Item 9: Report from County Planning Board Representative – Gene Beers

Mr. Beers stated the Greene County Planning Board reviewed and approved the referral from the Planning Board of the Site Plan Review for Mountain View Estates. They also discussed the upcoming seminar on December 6, 2005.

There being no other business, Mr. Beers made the motion to close the meeting. Mrs. Kutcher seconded the motion. The vote was unanimous. The meeting ended at 11:03 PM.

Respectfully Submitted,

Ann Dwyer, Clerk
___________________________
Jane Bostrom, Chair