Town Board

December 27, 2005

The year-end meeting of the Jewett Town Board was held on December 27, 2005. Supervisor Michael Flaherty called the meeting to order at 5PM. Present were Board members Charles Kutcher, Thomas Hitchcock, Paul LaPierre and Harry T. Wilson.
Also present Zoning Officer Bill Dwyer, Town residents Jane Bostrom, Janet Nicholls, Diane Hill, Jackson Wanders, Neva Cruz-Wanders, Judith Willinger and Robert Luke, several residents from Colgate Road, newspaper reporter Mike Ryan and the town clerk.

Councilman Hitchcock informed all present of the passing of former Planning Board member Richard Makely. His funeral will be at the Jewett Presbyterian Church.

Supervisor Flaherty made a motion to hold a public hearing on local law #1 of 2006. The reason for the hearing concerns senior & disabled exemptions for 2006. The hearing will be held on January 11, 2006 at 7PM. The motion was seconded by Councilman Kutcher and carried.

Supervisor Flaherty will check with the Assessor to ascertain any information on the States authorization for higher veterans exemptions and report back to the Board.

Councilman Hitchcock spoke with the party interested in the land in South Jewett.
They were not interested in leasing the land but would like to purchase the parcels.
Supervisor Flaherty made a motion to advertise the surplus land, 2nd by Hitchcock and carried. The bids will be opened at the January meeting.

The Board discussed a Colgate Lake action plan. All Board members agreed that a plan should be developed as to what the Town wants to do in terms of meeting with the County Legislators and DEC.
There are two issues to be considered, traffic on Colgate Road, Co. Rt.78, and Colgate Lake itself. The Board would like to address the Colgate Lake issue at this time.
Town residents Jackson Wonders and Les Oppenheimer have already opened up a dialog with the DEC. A copy of their letter was given to the Board and is on file in the town clerks office.
A dialog needs to be set up between the Town and DEC on issues such as establishment of capacity at the lake area, type of use, parking and supervision.

The Board determined to:
1) Request pertinent information from DEC.
2) A special meeting was scheduled for Saturday, February 11, 2006 at 10AM to address this issue with input from the public at that time. Also representatives from Congressman Sweeney and Senator Seward’s offices will be asked to attend this meeting.
3) Put together a plan then request a meeting with DEC.
4) If this doesn’t work then go to our State Officials.

An informational meeting was scheduled for Saturday, February 11, 2006 at 10 AM at the Municipal Building.
Councilmen LaPierre and Wilson will coordinate everything and put the information on the web site.

Job description guidelines for the building inspector and zoning officer were given to the Board. It was noted that many of the responsibilities overlap.

The Board questioned why the Steinherr case was dismissed. Attorney Rappleyea was requested to FOIL the Town court for the information at the last meeting.
The Board will instruct Attorney Rappleyea to go to town court and ask for the information.

Councilman Hitchcock will contact Attorney Rappleyea to ask where Mr. Matthews is being held and can the Town serve him with papers concerning the junk cars on his property.

Zoning Officer Dwyer will continue to work on unsafe buildings unless there is a need for an interpretation by the building inspector.

The Board agreed to add to the zoning officers job description to “investigate complaints and observe violations of Town codes, laws and regulations excluding building code unless otherwise directed”.

The zoning officer is to document on film the conditions at Rappleyea’s garage for 2 to 3 weeks then report back to the Board. In the mean time Attorney Rappleyea will look into the State junk laws.

Councilman LaPierre presented a draft RFP, a request for a proposal to perform a study of the Town’s facilities with respect to current and future needs.
There were several considerations listed.
An ad will be placed in the Windham Journal and the Albany Times Union one week for bids to be opened at the regular February 8th, 2006 meeting at 7:00 PM.

Supervisor Flaherty made a motion to approve Resolution #15, 2nd by Wilson and carried. Resolution #15 is the Town Clerk/Tax Collector’s Equipment Fund.
ROLL CALL Aye 5 Flaherty, Hitchcock, Kutcher, LaPierre and Wilson.
Nay 0

Supervisor Flaherty made a motion to approve Resolution #16, 2nd by LaPierre and carried. Resolution #16 is the Future of Jewett Account.
ROLL CALL Aye 5 Flaherty, Hitchcock, Kutcher, LaPierre and Wilson.
Nay 0

Supervisor Flaherty made a motion to approve Resolution #17, 2nd by Hitchcock and carried. Resolution #17 is to balance the general and highway budgets.
ROLL CALL Aye 5 Flaherty, Hitchcock, Kutcher, LaPierre and Wilson.
Nay 0

Supervisor Flaherty made a motion to approve Resolution #18, 2nd by Kutcher and carried. Resolution #18 is for Local Technical Assistance Grant Program.
ROLL CALL Aye 5 Flaherty, Hitchcock, Kutcher, LaPierre and Wilson.
Nay 0

The finance committee of Councilmen Hitchcock and Wilson audited the bills prior to the meeting.
Councilman Hitchcock made a motion recommending the Board approve the audit. Councilman Wilson 2nd the motion and all Board members voted Aye.
The general fund was $555.36 on abstract 12A, claim numbers 304 to 307. The highway fund was $610.16 on abstract 12A, claim numbers 309 to 311.

The finance committee for January, February and March will be Councilmen LaPierre and Wilson. Councilman Hitchcock commended Dog Control Officer Bruce Feml on his written yearly report. The councilman said “it was concise, it tells what happened and the follow up and it was a refreshing report”.

Supervisor Flaherty informed the Board that he has written several letter to Time Warner Cable asking for more service within the Town.
The franchise is up for renewal in December of 2007. This will be discussed further.

There being no further business the meeting was adjourned at 7:10 PM on a motion by Wilson, 2nd by Hitchcock and carried.

__________________________________
Patricia Merwin Town Clerk

Planning Board

December 1, 2005

Roll Call: Chair: Jane Bostrom

Members: Janet Nicholls, Joan Kutcher, Carol Muth, and Paul Rosedale

Absent: Gene Beers

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

Agenda Item 2: Approval of Minutes of November 3, 2005 .

After noting minor typing errors, Mrs. Bostrom made the motion to approve the minutes as corrected. Mrs. Kutcher seconded the motion. The vote was unanimous and the motion carried.

Agenda Item 3: Public Hearing on 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.

Mrs. Muth made the motion to open the Public Hearing. Mr. Rosedale seconded the motion. The vote was unanimous and the hearing opened at 7:34 pm . Mr. Mignone submitted the required certified receipts and notices. Mrs. Bostrom opened the floor for comments. There were no comments from the public. Mr. Rosedale made the motion to close the Public Hearing. Mrs. Muth seconded the motion. The vote was unanimous and the Public Hearing was closed at 7:35 pm .

Agenda Item 4: 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.

Mrs. Bostrom noted draft deeds had not been received. Mr. Mignone informed the Board his lawyer and Mr. Rappleyea had finally agreed to the wording of the deeds that morning and his lawyer stated they were not required for the meeting. Mrs. Bostrom stated they are required before a decision on the application can be considered. In addition, one Mylar and four copies of the plat must be submitted. Mr. Mignone agreed to provide them at the next meeting. Members agreed to schedule the application for the January 2006 meeting.

Agenda Item 7: Public Hearing on 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

Mrs. Kutcher made the motion to open the Public Hearing. Mr. Rosedale seconded the motion. The vote was unanimous and the hearing was opened at 7:38 pm . Mr. Elias submitted the required certified receipts and notices. Mrs. Bostrom opened the floor for comments. There were no comments from the public. Mrs. Muth made the motion to close the Public Hearing. Mrs. Kutcher seconded the motion. The vote was unanimous and the Public Hearing was closed at 7:40 pm .

Agenda Item 8: 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 submitted a revised Preliminary Plat; and still needs to submit the remaining PERC test results and the surveyor's ‘pinning' letter. Mrs. Dwyer provided Mr. Elias with the Application for Major Subdivision Final Plat Approval form.

Agenda Item 5: Public Hearing on 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. Richard Sardo, Surveyor.

Mr. Rosedale made the motion to open the Public Hearing. Mrs. Muth seconded the motion. The vote was unanimous and the hearing opened at 7:55 pm . Mr. Sardo submitted the required certified receipts and notices. Mrs. Bostrom opened the floor for comments. There were no comments from the public. Mrs. Kutcher made the motion to close the Public Hearing. Mrs. Nicholls seconded the motion. The vote was unanimous and the Public Hearing was closed at 7:56 pm .

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. Richard Sardo, Surveyor.

Mr. Sardo provided the revised plat but did not bring the Mylar copy to the meeting. Mrs. Bostrom stated he could call her in order to arrange a convenient time to sign them if the Board agrees. After review of the application and supporting documents, Mrs. Muth made the motion to approve the minor subdivision and to direct the chairperson to sign the Mylar and plat copies at a convenient time arranged with the applicant. Mrs. Nicholls seconded the motion. ROLL CALL VOTE: MRS. BOSTROM – AYE; MRS. MUTH – AYE; MRS. NICHOLLS – AYE; MR. ROSEDALE – AYE; MRS. KUTCHER – AYE; MR. BEERS – ABSENT; VACANT. The vote was unanimous and the subdivision was approved.

Agenda Item 9: Application for Minor Subdivision for Russell Finazzo of 133 Windy Lane, Jewett , NY ; Tax Map Nos. 111.00-2-10; District: Rural Residential. Sketch Plan accepted but no application has been received and no one appeared.

Agenda Item 10: Application for Sketch Plan Review for Louis Mattei of Shad Road , Jewett , NY ; Tax Map No. 132.00-2-7; District: Rural Residential. Present: Mr. Gary Harvey, Surveyor.

Mr. Gary Harvey is representing Mr. Mattei on this application to sub-divide a 10.71-acre parcel into two lots; one lot of 5.45-acre and one lot of 5.26-acre. Mrs. Bostrom noted that a letter of representation from Mr. Mattei is required. Mr. Harvey stated the lot is pretty flat, woodland with no wetlands, and there are no easements of record. Mrs. Bostrom noted that all property owners within 500 feet of the parcel including those across the street must be indicated on the plat. In addition the tax map should be included. After review of the application, Mrs. Kutcher made the motion to accept the sketch plan and classify it as a minor subdivision. Mrs. Nicholls seconded the motion. The vote was unanimous and the motion carried. Mrs. Dwyer provided an Application for Minor Subdivision and Mrs. Bostrom informed Mr. Harvey that the location of the house, well and septic must be included on the plat. In addition, the result of the PERC test and the Design Approval Letter from DEP must be provided.

Agenda Item 13: Other Business: Pending letters. Mrs. Muth made the motion to instruct Mrs. Dwyer to send the six month letter to George Swertzl and Jose and Lisa Marrero. Mr. Rosedale seconded the motion. The vote was unanimous and the motion carried.

Agenda Item 10: Report from County Planning Board Representative. Mr. Beers was absent and no report was given.

Agenda Item 11: Review of the Town Board Revised Proposed Subdivision Regulation Amendment.

Mrs. Bostrom noted that Mr. Rappleyea was not at this meeting and there were some questions she had about the proposed amendment. Mrs. Dwyer noted two typing errors, which she brought to the Town Attorney's attention. In Section 2, the third line should read four or less, not five or less; the seventh line should read Town of Jewett . In addition, the amendment for Public Hearing notice should be included.

Mrs. Kutcher reviewed the rationale for this proposed amendment. She noted that when property is subdivided, there is an increase in road usage which requires increased maintenance. With the number of parcels of five or more, there is a corresponding increase in usage of not only the subdivision roads but also the access roads, whether they are public or private. Therefore, requiring the major sub-divider to bring all access roads, whether existing or proposed, up to Town Specifications is just compensation for the increased usage and the disruption from a new development. Members questioned whether the language of the proposed amendment was sufficiently specific so there is no room for interpretation in the meaning of ‘all' access roads.

It is the Planning Board's responsibility to ensure that all private roads will be properly maintained, therefore, road maintenance agreements are being required to be included in the deeds. The Planning Board must be assured that this requirement not be removed from the deeds in the future and recommends that the road maintenance agreement notation should be required on the plat. The Town Attorney will be requested to supply and approve the form of the maintenance agreement notation. If the notation is made on the plat, should it also be made in the deed? In addition, it was noted that the consultation with the Highway Superintendent to allow for ‘oil and stone' paving option was not in the proposed amendment and the Board needs to consult with the Town Attorney as to the language and the considerations for allowing this exception. Members agreed to review the proposed amendment, clarify the wording and schedule the further discussion for the January meeting. Mrs. Dwyer will notify the Town Supervisor of this action.

There being no other business, Mrs. Muth made the motion to close the meeting. Mr. Rosedale seconded the motion. The vote was unanimous. The meeting ended at 10:00 PM .

Respectfully Submitted,

Ann Dwyer, Clerk

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Jane Bostrom, Chair