Town Board

December 12, 2007

A regular meeting of the Jewett Town Board was held on December 12, 2007. Supervisor Michael Flaherty called the meeting to order at 7 P.M. Present were Board members Thomas Hitchcock, Charles Kutcher, Elaine Warfield and Harry T. Wilson.
Present were Superintendent of Highways Robert Mallory, Attorney for the Town Tal G. Rappleyea, Building Inspector Thomas Cross, Zoning Officer William Dwyer, town residents JR Quackenbush, Michael McCrary, Jeff Loucks, Francis Benjamin, William Mead, Clarence Soule, Wesley Benson, newspaper reporter Mike Ryan and the Town Clerk.

Councilman Hitchcock made a motion to accept the minutes of the November 7, 2007 regular meeting, 2nd by Councilwoman Warfield and carried.

The Supervisor’s November financial report was given to the Board.

The building inspector’s written report was given to the Board. He reported there have been 13 building permits so far this year. He has had responses from 2 of the 3 letters sent out on unsafe buildings.
Councilman Hitchcock made a motion to accept the building inspector’s report, 2nd by Councilman Kutcher and carried.

The zoning officer gave his written report to the Board. He said he was in court concerning the property on Griffin Road and this matter was taken care of and is closed. He has not received a response from 152 Tower Mr. Road as of today.
Councilman Hitchcock made a motion to accept the zoning officer’s report, 2nd by Councilman Kutcher and carried.

Supervisor Flaherty made a motion to approve Resolution #22, 2nd by Councilman Hitchcock and carried. Resolution #22 amends the general fund budget due to the sale of surplus property on Little Timber Road.
ROLL CALL VOTE: AYE 5 Flaherty, Hitchcock, Kutcher, Warfield and Wilson.

Supervisor Flaherty made a motion to approve Resolution #23, 2nd by Councilman Kutcher and carried. Resolution #23 amends the general fund budget so two new computers can be purchased.
ROLL CALL VOTE: AYE 5 Flaherty, Hitchcock, Kutcher, Warfield and Wilson.

Supervisor Flaherty made a motion to approve Resolution #24, 2nd by Councilman Wilson and carried. Resolution #24 transfers monies from a revenue account to the general fund.
ROLL CALL VOTE: AYE 5 Flaherty, Hitchcock, Kutcher, Warfield and Wilson.

Supervisor Flaherty made a motion to approve Resolution #25, 2nd by Councilman Wilson and carried. Resolution #25 rescinds Resolution #9 of May 2007 by changing the agency name for the All Hazard Mitigation Plan from Soil & Water to Greene County Planning.
ROLL CALL VOTE: AYE 5 Flaherty, Hitchcock, Kutcher, Warfield and Wilson.

Supervisor Flaherty made a motion, 2nd by Councilman Kutcher and carried accepting with regret the resignation of JR Quackenbush from the Planning Board effective 12/31/07.

The Highway Superintendent reported the purchase of a new sander.

Courtesy of the floor was opened.

Attorney Jonathan Cohen sent a letter to the letter to the East Jewett Fire Company asking “confirmation from the Fire Company as first responder that there is adequate access for emergency services” at the property of Joseph D’Acunto off of Boy Scout Road.

Jeff Loucks said, “In the Fire Company’s opinion the property is not accessible. I took a 4-wheel drive vehicle down there and we would not take any larger apparatus.” This will be conveyed in a letter to Attorney Cohen and a copy will be sent to the Supervisor.

Attorney Rappleyea said, “ Mr. D’Acunto is now suppose to make application to the Planning Board and/or the Zoning Board, a full and accurate application, for a special use permit or variance in order to do what ever it is he wants to do with his property. Part of what he has to prove in order to win his case in front of the Planning Board and or the Zoning Board of Appeals is to show there is adequate access for emergency vehicles.”

Courtesy of the floor closed.

The Board approved the letter written by Attorney Rappleyea to Mr. And Mrs. Huetter re; Adult zone impact on designated land.

Councilman Hitchcock said he spoke with Steven Trader about the Water Study. The Councilman will suggest 4 sites for Mr. Trader to look at. Mr. Trader is looking for sand and gravel sites along the creeks to drill a test well. The next step will be to contact the property owners. The Councilman will continue to work with Mr. Trader and report back to the Board.

Supervisor Flaherty informed the Board that the Hunter Landfill is 95% complete. The plantings are all in and the only thing left to do is bury the power source.

Councilman Hitchcock made a motion, 2nd by Councilman Wilson and carried approving the fire district contract’s with payment to be made monthly.

There was a discussion between the Board and fire fighters from the Jewett and East Jewett districts about the problem of manpower. One suggestion was a tax credit for volunteer fire fighters. Next year a committee from the Board will be appointed to work d with the fire districts.

The Supervisor was advised to contact web master Peter Peters to consult on updating the office computers for wireless access.

NYSDOT gave approval to the Town’s request for a speed reduction of 45mph on county route 23C between the Lexington town line and County Route 17, a distance of 2.0 miles.

Supervisor Flaherty presented a bid cost of $3775 for an updated phone system for the Municipal Building.
Councilman Kutcher made a motion, 2nd by Councilwoman Warfield and carried giving the Supervisor approval to update the phone system at a cost of $3775 and further look for another bid.

The Board approved the Supervisor signing the contract for the renovations in the upstairs kitchen and dinning room with Transitional Builders.

Attorney Rappleyea reported Attorney Susan Kohan was representing the Weiss’s and has ordered a title search on the surplus land recently bid on located on Rt. 23C.
The last court appearance against Mr. D’Accunto was set for a hearing. The Judge told the attorney’s there would be no hearing and to settle this.

A stipulation was entered into that said Mr. D’Accunto is to file application for a variance and/or special use permit, whatever is needed, on or before the 21st of December so he can be on the January agenda of the Planning Board and/or the Zoning Board of Appeals. If he does not file application then the hearing will be rescheduled and Mr. D’Acunto will be in violation.

Councilman Wilson made a motion, 2nd by Councilman Kutcher and carried to accept the October financial report. Bank statements were made available for review.

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 Board members voted AYE.
The general fund was $27,491.38 on abstract #12, claim numbers 297 to 343. The highway fund was $32,947.94 on abstract #12, claim numbers 216 to 239.
Councilwoman Warfield and newly elected Councilman JR Quackenbush were appointed as the finance committee for January, February and March.

There being no further business the meeting was adjourned at 8:55 P.M. on a motion by Councilman Kutcher, 2nd by Councilman Wilson and carried.

______________________________
Patricia Merwin Town Clerk, RMC

Year End Meeting

December 19, 2007

The year-end meeting of the Jewett Town Board was held on December 19, 2007. Supervisor Michael Flaherty called the meeting to order at 1 P.M. Present were Town Board members Thomas Hitchcock, Charles Kutcher, Elaine Warfield and Harry T. Wilson, resident Michael McCrary and the town clerk.

Supervisor Michael Flaherty made a motion, 2nd by Councilman Wilson and carried to approve Resolution #27. This resolution is a transfer of funds to balance the general fund and highway fund budgets for the year.
ROLL CALL VOTE: AYE 5 Flaherty, Hitchcock, Kutcher, Warfield and Wilson.

The appointment of a Town Health Officer was tabled until the January meeting.

Supervisor Flaherty and Town Board members Hitchcock and Warfield extended their gratitude and thanks to Councilmen Kutcher and Wilson for their 4 years of service to the Town.

The finance committee of Councilmen Hitchcock and Kutcher audited 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 $3,431.42 on abstract #12A, claim numbers 344 to 346. The highway fund was $2,813.11 on abstract #12A, claim number 240.

There being no further business the meeting was adjourned at 1:20 P.M. on a motion by Supervisor Flaherty, 2nd by Councilman Kutcher and carried.

___________________________
Patricia Merwin Town Clerk RMC

Zoning Board Meeting

12/05/2007

Roll Call : Acting Chair: Kathleen Williams
Members: Margaret Flaherty, Ann Dwyer
Absent: Tod Mallory, Russ Coloton

The meeting opened at 7:23 pm.

Mrs. Dwyer made the motion to appoint Mrs. William as Acting Chair. Mrs. Flaherty seconded the motion. The vote was unanimous and the motion carried.

Agenda Item 2: Approval of Minutes of November 7, 2007.
Mrs. Flaherty made the motion to approve the minutes. Mrs. Williams seconded the motion. The vote was unanimous and the motion carried.

Agenda Item 3: Application for Area Variance for Patrick Reilly of 2914 Route 23C Jewett, NY, Tax Map 131.00-1-15 District: Rural Residential.
No one appeared on this application. Mrs. Dwyer stated that the 62 day deadline would be up shortly after the January meeting. She verified with Mr. Tom Cross that nothing new had come in on the Building Permit application. Mrs. Williams recommended that Mrs. Dwyer send a letter to Mr. Reilly requesting the needed information and advising him that if no action is taken before the meeting the ZBA would have to deny the application at the January meeting. Members agreed.

Agenda Item 6: Administrative Review of Zoning Board of Appeals Application Activity
Mrs. Williams stated she has not finished the review of the minutes and members agreed to postpone this item until the next meeting.

There being no other business, Mrs. Flaherty made the motion to close the meeting. Mrs. Williams seconded the motion. The vote was unanimous. The meeting ended at 7:40 pm.

Respectfully submitted,

Ann Dwyer,
Secretary

__________________________________
Accepted

Planning Board

DECEMBER 6, 2007

Agenda Item 1: Meeting called to order at 7:30pm

Roll Call:       Chair: Jane Bostrom
                   Members: Gene Beers, Joan Kutcher, Carol Muth, Janet Nicholls,
                   J.R. Quackenbush, and Paul Rosedale.

Agenda Item 2: Approval of Minutes of November 1, 2007.

The motion to open the public hearing was made by Mr. Quackenbush and seconded by Mrs. Kutcher. It passed unanimously.

The phrase “500-foot” was corrected throughout the document to to “525-feet” referring to the proposed extension of the runway for the Veritas Groupe. Mrs. Nicholls noted the difference between what was said at the meeting and what was actually written into the plans. Mrs. Muth made the motion to accept the corrected minutes; Mrs. Nicholls seconded the motion, which then passed unanimously. Mrs. Bostrom said she had been in contact with Mr. Rappleyea who had spoken with Mr. VanDeusen, and it appears their subdivision will progress slowly with many revisions to their plans.

Agenda Item 3: Public Hearing for Ken Weber – Application for Special Use Permit for 7.199-acre property located at 299 Bailey Road, Jewett, NY 12444; Tax Map No. 94.00-5-11: Conservation.

Mr. Weber was in attendance, but the public was not. The Planning Board received everything requested at the conclusion of September’s meeting. Mr. Weber gave Ms. Laubmeier the postal receipts for the file and paid a ten-dollar administrative fee for expenses related to his case. He was absent last month because his daughter had an accident. Mrs. Bostrom received the reply from the Greene County Planning Board, and read aloud from their letter. They have no negative input regarding this case.
          Mrs. Bostrom called for a motion to close the public hearing. Mrs. Kutcher made the first motion; Mr. Quackenbush seconded the motion, and the public hearing was unanimously voted closed.
          Mrs. Bostrom called for a resolution to approve Mr. Weber’s application for a special use permit. After a discussion to ensure the Planning Board had covered all of the information pertinent to his case, Mrs. Nicholls made the first motion for approval. Mrs. Kutcher seconded the motion; the resolution passed unanimously.

Agenda Item 4: Silvano Vales represented by Ms. Romana Bailen from Kaaterskill Engineering in Cairo; Application for Minor Subdivision for property located at 335 Hesley Road, Jewett, NY 12444; Tax Map No. 129.00-3-3: Rural Residential. Proposal to divide 2.5 acres from larger parcel of 52.6 acres.

Darrin Elsom, who was present from Kaaterskill Engineering, said that Romana Bailen was not ready to present tonight, but wishes to be on the agenda for January 2008.

Agenda Item 5: Brittny Estates (previously known as M.C. Windham and Round Hills Estates) Application for Sketch Plan Review for property located on Round Hill Road, Jewett, NY; Tax Map No. 113.00-3-23 and 113.00-1-22.11 (Town of Windham); Districts: Rural Conservation and Conservation.

Darrin Elsom of Kaaterskill Engineering represented Brittny Estates tonight and spread his maps out among the Planning Board. Discussion arose among Planning Board members familiarizing themselves with the exact location of the property. Mrs. Bostrom checked whether all payments for this application were current because Mr. Elsom’s previous application had come in just before Jewett declared a moratorium on subdivisions.
          Mrs. Bostrom asked Mr. Elsom to explain his plans for this subdivision. The proposed subdivision encompasses 141-acres, 96-acres of which are in the Town of Jewett and 45-acres which are in the Town of Windham. Mr. Elsom pointed out the town line on his map by the culdesac. The proposed road ends in the Town of Windham, but is not accessible from that side. Mr. Elsom said he had already spoken to Larry Gardner about a municipal agreement between the towns of Jewett and Windham regarding road maintenance and plowing. The road will be built to town specs and kept private. There will be a homeowner’s agreement.
          Mr. Rosedale pointed out a front lot with questionable setbacks. Mr. Elsom replied the topography poses difficulties in lot design. There are rock ledges and a five hundred foot elevation from start to end of the road. The lot sizes vary from 3.4-acres to 17-acres. Mrs. Bostrom noted that lots in conservation zones versus lots in rural conservation zone require different handling, especially for lots falling into both categories. It appears as if four to six lots are partially in Rural Conservation and Conservation zones. The conservation zone lots will require Special Use Permits. The Planning Board will consider lot width requirements. These issues can be dealt with concurrently with the subdivision process. Currently it appears as if two of the proposed lots are completely in the town of Windham, and three lots straddle the town line. The Planning Board requested that Mr. Elsom somehow shade or color his map so they can better perceive where the town line changes and where the zones change. Mrs. Bostrom further requested that all pertinent information such as lot size, road frontage and width, and other dimensions be placed on one map for clarification for the Planning Board.
          Mrs. Muth questioned the length of the road – it is approximately 4,700-feet long – and the Planning Board speculated whether it ought to have another exit, and whether Jewett had a two-exit rule. Mr. Elsom commented the topography makes it impossible to design that. Mrs. Kutcher and Mrs. Bostrom mentioned other dead end roads around as precedent for this one. Mrs. Muth pointed out relevant information in the Jewett Town Law can be found in Article 4, Section 2, B on page nineteen where it discusses the intersecting of a project’s roads into a neighboring subdivision. Mrs. Bostrom read from same article, H on page 21 about dead ends terminating in culdesacs or circular driveways. Mrs. Muth brought up the need for the fire departments to be able to access the expensive homes that will be built here, saying the switchbacks in the road do not allow large trucks to pass one another on water runs. Mr. Beers said the road is required to be 12-feet wide. Mr. Elsom thought he could incorporate some extra width of road along the flat sections where drivers could pull off to allow another to pass.
          Mrs. Bostrom asked whether the intent is to sell lots or homes. Mr. Elsom said Brittny Estates plans to sell lots. Mrs. Bostrom also wondered whether the Planning Board received all the information on the utilities, deeds, covenants, et cetera. Mr. Elsom said there were none.
          Mrs. Muth observed that lot 4 is split on both sides of the road with the house on the uphill side and the septic system on the downhill side. A pamphlet in the Municipal Building reads that it is poor practice to drive over a septic system. Mr. Elsom replied that refers to the leach field only; his septic pipes will be inserted in plastic sleeves placed inside steel so it won’t be crushed from driving on it. Mrs. Muth and Mr. Beers remembered advising the elimination of lots 4 and 5 at the time of an earlier discussion just before the moratorium, but there are no minutes from that meeting.
          Mr. Elsom has had Joe Drawbough (sp?) from the DEP out on the site to plan the storm water management. All the perc tests have been done and a storm water system built into the plan. This will drain into a pond, which is part of an Army Corps of Engineers wetland adjacent to Round Hill Road. The Army Corps will allow disturbance factor for a wetland up to 1%, and this tests as less than that. There were questions about wells and bedrock. The bedrock ranges from eighteen to thirty-six inches of depth.
          Mr. Elsom adamantly asked the Jewett Planning Board to assume Lead Agency for this project tonight as he has time commitments he hopes to fulfill. Granted the time frame imposed by meeting schedules, establishing Lead Agency authority will take thirty days, and he will also have to attend meetings of the Windham Planning Board. He needs subdivision approval before then. Mrs. Bostrom replied since the project is only at the Sketch Plan Review stage, and all the information is not in, the Planning Board cannot yet commit itself to any time frame imposed by initiating the SEQR. The Planning Board anticipates assuming the role of Lead Agency at the proper time. Mr. Elsom provided the Planning Board members with copies of the SEQR he had filled out and some supplementary information for the EAF (Environmental Assessment Form). It contains pertinent information such as the fact there are no endangered species to worry about.
          Mrs. Bostrom restated that the Planning Board needs additional information on the maps, including an improved location map in the corner. Mr. Elsom said he understands what he is being asked for. Mr. Elsom said he might contact Mr. Rappleyea. Mrs. Bostrom said she will invite him to our next meeting, and asked Ms. Laubmeier to send him one of the maps and a copy of the SEQR and additional information provided by Mr. Elsom. Ms. Laubmeier gave Mr. Elsom applications for Major Subdivision and Special Use Permit; each had instructions on the back for filling out the form.

Agenda Item 6: Report from Greene County Planning Board Representative Gene Beers

          Mr. Beers said the Greene County Planning Board approved of Ken Weber’s Special Use Application and grandfathered frontage and discussed Catskill’s comprehensive plan, but there was really nothing further pertinent to Jewett.

Agenda Item 7: Discussion of trainings and other business.

          Mrs. Bostrom discussed online training. Mike Flaherty said that online training will count as credit: one chapter equals one hour of credit. The case of Joe D’Acunto may appear before the Planning Board again. The judge ruled against having a trial and ruled that Mr. D’Acunto has forty-five (45) days to apply again to the Planning Board for a permit.
          There is no plan yet to replace Mr. Quackenbush who will be leaving the Planning Board to serve on the Town Board. Mrs. Bostrom asked everyone to think of someone who could be a good member. Mr. Quackenbush will be the official liaison between the two boards, and expects to attend our meetings. He also said discussion has arisen of the Zoning Board coming to Planning Board meetings as well. This way all three entities can be in better harmony.
                  
          At 9:25pm the meeting adjourned. Mrs. Kutcher made the motion to close the meeting; Mr. Beers seconded the motion, which passed unanimously.

Respectfully Submitted,

Susan Laubmeier, Clerk

_____________________________
Jane Bostrom, Chair