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Town Board

February 9, 2005

A regular meeting of the Jewett Town Board was held on Wednesday, February 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 Superintendent of Highways Robert Mallory, Assessor Georgette Krauss, and Attorney for the Town Tal G. Rappleyea. Deputy Building Inspector Tom Cross, Mountainview Representative Rob Panasci, Esq., Town residents Jane Bostrom, Werner Pscherer and Gerry Loucks, newspaper reporter Mike Ryan and the town clerk.

The public hearing on Local Law #1 of 2005 was opened. This local law is entitled "Sign Law".

Town resident Gerry Loucks addressed the Board.

Mr.Loucks suggested a law be passed concerning the removal of political signs put up by non- residents. He said that the Mountain Top has evolved into an artistic community and hopes that creativity is allowed for in the sign design. He suggested that someone check as to where a sign is placed and reminded the Board that Town Banners are on utility polls.

Attorney Rappleyea explained that there was a difference between governmental use and proprietary use.

Local Law #2 entitled "Amendment to the Zoning Local Law Regarding Home Occupation Signage" is rescheduled for the March meeting. The wording will be revised and the law will be referred to the Town Planning Board because this is a modification to the Zoning Law. The Planning Board will then report back to the Town Board.

The Public Hearings were closed on a motion by Kutcher, 2 nd by LaPierre and carried.

The hearing on the Schribeman property unsafe building was opened. The owner was served by the Zoning Officer and Town Attorney for failure to comply and notified of tonight's hearing. There were no comments from the public.

Supervisor Flaherty made a motion to put the job out to bid to demolish the building. The motion was 2 nd by Wilson and carried.

A motion was made by Flaherty, 2 nd by Wilson and carried approving the adoption of Local Law #1 of 2005 entitled "Sign Law".

On a motion by Hitchcock, 2 nd by Wilson and carried the minutes of the January 12, 2005 regular meeting were accepted with correction to the finance committee. Councilmen LaPierre and Wilson will act as the finance committee for February and March.

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

Assessor Georgette Krauss reported to the Board that discussion with the State were on going. She will be meeting with them again and will report back to the Board.

Deputy Building Inspector Tom Cross reported he was transitioning into the job. He's reviewed reports and helped with current projects.

A motion was made by LaPierre, 2 nd by Wilson and carried to accept the Building Inspectors written report.

The Zoning Officer's written report was presented to the Board.

Attorney Rappleyea added that there has been no cooperation on the Matthews property. Mr. Blodgett will be scheduled for trial and Miller will receive a summons to court.

A motion was made by Hitchcock, 2 nd by Kutcher and carried to accept the report.

Superintendent of Highways Robert Mallory has been working with the County Planning Department on a map showing all the roads and the five maintenance runs in the Town. He is also working on a 5-year road maintenance plan and handed out an alphabetical listing of the Towns 39.71 miles of roads.

The Superintendent was asked to pursue the possibility of lowering speed limits on all Town roads.

The Superintendent was granted permission to hook up to high speed Internet for the highway and municipal buildings and get whatever equipment is necessary to do this on a motion by LaPierre, 2 nd by Hitchcock and carried.

The Superintendent was given permission to update the fuel pumping system in the highway department at a cost of about $3200 on a motion by Wilson, 2 nd by Kutcher and carried.

Under courtesy of the floor:

Town resident Gerry Loucks "I'd like to commend the highway department. Jewett roads are plowed earlier, cleaned faster and sanded better then other roads around. The drivers are safe and considerate."

Mr. Loucks "I just want to say something about building inspector Robert Bosworth.

I've done 3 projects in the last eight years and you could not ask anyone to be easier to deal with, be fairer and more helpful with the project. He's done a fantastic job."

A letter written by Mr. & Mrs. Werner Pscherer was read aloud also commending the highway department for their work in keeping the Town roads plowed.

Courtesy of the floor was closed.

Under old business:

Mountain view Estates representative Rob Panasci, Esq. spoke with the Board. He said he had a problem obtaining the bond asked for but spoke with Town Attorney Rappleyea and discussed setting up separate escrow accounts, which could be accessed when needed.

Attorney Rappleyea will write a letter consenting to the formation of the transportation corporation with all the conditions discussed.

A motion was made by Hitchcock, 2 nd by LaPierre and carried authorizing the Supervisor to sign the letter when ready.

Attorney Panasci will then be able to form the transportation corporation and start the bidding process, with construction beginning in the spring.

Noise law discussion.

Co-chairmen Councilmen Kutcher and Wilson commended the other committee members, Jane Bostrom, Marybeth O'Mahoney and Jeanne Soule, for the many hours spent working on the law.

A Public Hearing on the Noise Law is scheduled for April 13, 2005 at 7PM in the Municipal Building at the regular monthly meeting on a motion by Wilson, 2 nd by LaPierre and carried.

The employee handbook was discussed. New copies will be provided to all parties as soon as possible.

The County has set September 2005 as a target date to begin a hazardous waste pickup.

There were no bids for the surplus highway vehicles.

Flaherty made a motion, 2 nd by LaPierre and carried to approve Resolution #3. This resolution is to amend the Justice budget.

ROLL CALL: Aye 5 Flaherty, Hitchcock, Kutcher, LaPierre and Wilson.

Nay 0

February 9, 2005 page 3 of 3

Flaherty made a motion, 2 nd by Wilson and carried to approve Resolution #4. This resolution is to apply for a Master Plan grant.

ROLL CALL: Aye 5 Flaherty, Hitchcock, Kutcher, LaPierre and Wilson.

Nay 0

The web-site committee reported that the web server was changed to another server. The site is now ready to go live with the listing of various businesses.

The annual report from the East Jewett Fire Department was given out to the Board.

The finance committee of Councilmen LaPierre and Wilson audited the bills.

Councilman Wilson made a motion recommending the Board approve the audit, 2 nd by LaPierre and all Board members voting Aye,

The highway fund was $17,009.89 on abstract #2, claim numbers 9 to 26. The general fund was $34,362.56 on abstract #2, claim numbers 17 to 44.

The Board requested that "Other" be reinstated on the agenda in order to keep check on things that might slip through the cracks.

Councilman Hitchcock asked that the Association of Towns be contacted to inquire about health insurance after retirement for employees.

There being no further business the meeting was adjourned at 9:50PM on a motion by Flaherty, 2 nd by Kutcher and carried.

_______________________________

Patricia Merwin Town Clerk

 

Planning Board

February 3, 2005


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

The meeting was called to order at 7:30 PM. Mrs. Bostrom welcomed new member Paul Rosedale.

Agenda Item 2: Approval of Minutes of January 13, 2005.
After minor corrections, Mrs. Muth made the motion to approve the minutes with the corrections noted. Mrs. Nicholls seconded the motion. The vote was unanimous and the motion carried.

Agenda Item 3: Application for Boundary Line Adjustment by Donald J. Miller to Judith Miller Slosson of 877 Merwin Street, Jewett, NY, Tax Map # 110.00-6-11.21 and 110.00-6-11.12, District: Rural Residential. Present: Donald J. Miller and Carolyn Miller

Mr. Miller submitted a revised plat and corrected the application to transfer 1.446-acres from the 9.220-acres to the 1.108-acres parcel which would result in two lots of 7.774-acres and 2.554-acres. He also submitted the revised deeds reflecting the change. Members reviewed the application and change. Mrs. Bostrom made the motion to accept the application as complete and Mr. Beers seconded the motion. The vote was unanimous and the motion carried. Mrs. Muth noted the justification for the change was to create a conforming lot of 2.554-acres from a non-conforming lot of 1.108-acres. Mrs. Nicholls made the motion to approve the Boundary Line Adjustment. Mrs. Kutcher seconded the motion. ROLL CALL VOTE: Mrs. Bostrom – AYE; Mrs. Muth – AYE; Mr. Beers – AYE; Mr. Tatar – AYE; Mr. Rosedale – AYE; Mrs. Kutcher – AYE; Mrs. Nicholls – AYE. The vote was unanimous and the motion carried. Mrs. Bostrom signed the plats and informed Mr. Miller of the 30-day filing requirement.

Agenda Item 4: Application for Site Plan Review and Special Use Permit – Telecommunication Tower Co-location for NYNEX Mobile Limited Partnership d/b/a Verizon Wireless of Rochester, NY located on Ski Windham Tower, Goshen St., Jewett, NY, Tax Map # 95.00-3-1, District: Conservation. Present: Mr. Henry Collins

Members reviewed the additional submission and determined that all required items were submitted. Mrs. Bostrom made the motion to appoint the Planning Board as Lead Agency. Mrs. Nicholls seconded the motion. The vote was unanimous and the motion carried. Members reviewed the SEQR and Visual EAF Addendum. Mrs. Bostrom made the motion to determine the proposed action will not result in any significant adverse environmental impacts and to issue a Negative Declaration. Mrs. Muth seconded the motion. The vote was unanimous and the motion carried. Mrs. Muth made the motion to schedule the Public Hearing on this application for March 3, 2005 at 7:30 pm. Mrs. Nicholls seconded the motion. The vote was unanimous and the motion carried. Mrs. Bostrom advised the applicant of the notification requirements and Mrs. Dwyer provided the form of the notification letter. Mrs. Dwyer will also notify the Town of Windham of the hearing.

Agenda Item 5: Application for Site Plan Review and Special Use Permit – Telecommunication Tower Co-location for Nextel Partners Inc. of Albany, NY, located on Ski Windham Tower, Goshen St. Jewett, NY, Tax Map # 95.00-3-1, District: Conservation. Present: Colleen Bisieglia of Nextel Partners

Nextel Partners is applying to locate an additional antenna on the existing Ski Windham Cell Tower and to install a 12’ by 20’ by 10’ high cabinet on a concrete slab. After review of the application, members determined the following item are needed: [1] the names of the adjoining owners; [2] the letter of authorization from the owners, a redacted copy of the signed lease agreement is acceptable; [3] the Visual EAF; [4] the Engineers report; [5] a scaled drawing of the site; and [6] booklet of construction materials. Ms. Bisieglia stated the shelter is panelized and would be assembled onsite; it includes a fire suppression system which is alarmed to call the fire department; they would be using the existing electrical system; and there would be a motion sensor light on the door. This antenna would provide limited additional coverage for the town; it is designed to bleed with Hunter to increase overall coverage.

Agenda Item 6: Application for Sketch Plan Review for Charles and Jeanine Mulholland of 35 Sugar Loaf Trail, East Jewett, NY, Tax Map No. 132.00-3-62, District: Rural Residential. Present: Charles & Jeanine Mulholland.

Mr. & Mrs. Mulholland are proposing to divide their 9.44-acres into three lots. They presented a rough sketch showing the proposed division. Mr. Mulholland stated it is a gentle grade. After the members reviewed the rough sketch, Mrs. Bostrom suggested he provide a topographical map in addition to an Application for Sketch Plan Approval with supporting documentation.

Agenda Item 7: [A] Application for Boundary Line Adjustment and Application for Sketch Plan Review for Saverio & Constantina Accardi of Little Timber Road, Jewett, NY, Tax Map No. 146.00-4-26, District: Rural Conservation and Robert and Rosaleen Maske of Little Timber Road, Jewett, NY, Tax Map No. 146.00-4-22, District: Rural Conservation. [B] Application for Boundary Line Adjustment and Application for Sketch Plan Review for Robert and Rosaleen Maske of Little Timber Road, Jewett, NY, Tax Map No. 146.00-4-22, District: Rural Conservation and Saverio & Constantina Accardi of Little Timber Road, Jewett, NY, Tax Map No. 146.00-4-21, District: Rural Conservation. Present: Sam & Tina Accardi

The applicants submitted both Boundary Line Adjustment applications and Sketch Plan Review applications for each transfer. Mr. & Mrs. Accardi are proposing to subdivide 5.074-acres from their 174-acre lot which Mr. & Mrs. Maske will combine with their present 21.9-acre parcel. Mr. & Mrs. Maske are proposing to subdivide 11.259-acres from their 21.9-acre parcel which Mr. & Mrs. Accardi will combine with their 19-acre parcel. Neither applicant is planning to build. The Accardi’s 174-acre parcel will end up as 168.926-acres and their 19-acre parcel will end up as 30.2508-acres. The Maske’s 21.9-acre parcel will end up as 15.7232-acres. Based on the review of the proposals and the acreage involved, members determined these would need to be two separate Applications for Sketch Plan Review for Subdivision. Mr. Accardi stated he will be handling the transactions and Mrs. Bostrom informed him he will be required to obtain a Letter of Authorization from Mr. and Mrs. Maske to represent them before the Board. In addition, he will be required to submit two separate sketch plans, one for each application. Mr. Accardi was given the appropriate forms to be filed with the applications and the two Applications for Boundary Line Adjustments were withdrawn. Mr. Accardi submitted the appropriate fee for each Sketch Plan Review application.
Agenda Item 8: Site Plan for Mountain View Estates of Jewett Homeowners Assoc., Maplecrest Road, Jewett, NY, Tax Map No. 113.00-1-2, District: Rural Residential. Present: Gary Korzic, Delaware Engineering.

Mr. Korzic reviewed the proposal and stated the present septic systems are no longer acceptable under current regulations. They have designed an above-ground Wastewater Treatment Plant and have received DEP approval of the construction plans. They had to create a Transportation Company in order to qualify for a SPDES permit. They also need the approval of the Town Board, and will be appearing at the next meeting. Until the DEP permit, the Town Board approval, the SPDES permit, and the creation and capitalization of the transportation company is received, then the Planning Board cannot proceed with the application. This review was to update the members on the process as it is going forward. Mrs. Nicholls made the motion to hold a Public Hearing if the Town Board does not hold one and to not yet schedule a Public Hearing until all required documentation, approvals and permits are received. Mrs. Kutcher seconded the motion. The vote was unanimous and the motion carried.

Agenda Item 9: Report from County Planning Board Representative – Gene Beers. Mr. Beers reported the County Planning Board meeting was cancelled due to the lack of a quorum.

Agenda Item 15 - Other Business:
Mrs. Dwyer raised a question regarding the Town Board passing Local Law No. 6 of the year 2004 which amended the Zoning Law without referral to the Planning Board and without a report from the Planning Board. In addition, she received a copy of Local Law No. 2 of the year 2005 which amends the Zoning Law regarding Home Occupation Signage. Mr. Rappleyea reported the Board had not yet passed this Law, and will have them postpone decision on it until the Planning Board submits its report.
After discussion of the increase in the number of pending applications, Mrs. Kutcher made the motion that if an application has been inactive for six (6) months, the Secretary shall send a letter stating there would be a 30 day response time or the application would be deemed withdrawn and a new application would be required. Mr. Beers seconded the motion. The vote was unanimous and the motion carried.
Mrs. Bostrom discussed the discrepancy between the Zoning Law and Subdivision Regulations regarding multifamily housing. She made a motion to remove the definition entirely or to remove the term “group of dwellings” from the definition. After discussion and based on the lack of a second to the motion, she withdrew it.

There being no other business, Mr. Beers made the motion to close the meeting. Mrs. Nicholls seconded the motion. The vote was unanimous. The meeting ended at 10:20 PM.

Respectfully Submitted,

Ann Dwyer, Clerk
___________________________
Jane Bostrom, Chair

Zoning Board

February 2, 2006

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

The meeting opened at 7:08 pm.

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

Agenda Item 2: Approval of Minutes.
Mrs. Flaherty made the motion to approve the January 5, 2005 minutes. Mr. Mallory seconded the motion. The vote was unanimous and the motion carried.

Agenda Item 3: Application for Area Variance by Bernie Farsky of 269 Colgate Road (County Road 78), Jewett, NY, Tax Map No. 150.00-1-7.112, District: Rural Residential.
Members reviewed the application. Mrs. Williams reported upon her site visit and noted, with the space needed in order to enter the proposed garage, there is no other practical place for it. Mrs. Dwyer agreed and mentioned the applicant had already modified his plans to reduce the size of the variance request. Based on discussion and the review of requirements for an area variance, Mrs. Dwyer made the motion to approve a side lot variance of 25 feet and a rear lot variance of 25 feet, with the depth of the garage approved for 30 feet. Mrs. Flaherty seconded the motion. ROLL CALL VOTE: Mrs. Williams – AYE; Mrs. Flaherty – AYE; Mr. Mallory – AYE; Mrs. Dwyer – AYE; Mr. Coloton – ABSENT. The motion carried and the variance was approved.

Agenda Item 4: Application for Variance for Michael Bongiorni, Gilbert Roberts and Judy Castore of Merwin Street and Park Road, Jewett, NY, Tax Map No. 110.00-6-46, District: Rural Residential, and Tax Map No. 110.00-6-9.11, District: Rural Conservation. Present: Mr. Castore and Mr. Gardner (8:14 pm)
Mrs. Dwyer reported Mr. Gardner advised her he would be delayed in Catskill and would call when he was on the way. She also reported Mr. Rappleyea was tied up in Cairo at a Public Hearing and may not be able to attend. He reviewed the legal question raised by the members and she reported on the discussion.
Even though the Board is not sure it has jurisdiction on this matter, it can proceed as if it does based on the following: The road requirements are referenced in Article VIII of the Zoning Law. This application is not an appeal of the Planning Board decision but is a request for a variance and the ZBA is empowered to hear requests for variances. He acknowledged the Board might be uncertain whether it is a use; however, a Use Variance is for the use of the land for any purpose not allowed by the Zoning Law and a road not built to Town Specifications, as described in the Subdivision Regulations, is not allowed by law. This request is definitely not an Area Variance so we should proceed as if it is a Use Variance and the applicant must meet all the criteria for a Use Variance. Mr. Rappleyea forwarded a number of Court decisions regarding the criteria for use variances and members reviewed them. Mrs. Dwyer stated that once the application documentation is received, the procedure would be to hold a public hearing on the request.
When Mr. Gardner arrived, Mrs. Dwyer briefed him on the discussion. Mr. Gardner stated this is a unique circumstance. There are 62-acres to be divided into three (3) 20+ acres each, and a road is required for frontage for each lot. According to Subdivision Regulations, the road must be built to Town Specifications. This request is based on the tremendous variance in the cost of a Town Spec Road versus an adequate road. There would be no change in the character of the community. There would only be three houses on 62-acres and it is onerous to require a Town Spec Highway for 3 houses. He noted the Planning Board expressed concern the Town could be at risk in the future. Since the road would not be built to Town Specification, it could never be turned over to the Town and there would be a Road Maintenance Agreement in place. This would provide a safety net and the Town would not be at risk. The proposed road is a reasonable standard for any use. It is onerous to adhere to Town specifications needlessly. Mrs. Dwyer noted there was no site plan submitted with the application and it is required. It should show the proposed road the application refers to. Mr. Gardner submitted the proposed Road Maintenance Agreement. Mrs. Dwyer inquired whether there would be any other documentation in support of the application. Mr. Gardner stated he could supply them at the next meeting with documentation of financial hardship based on the difference in the cost of the road.

There being no other business, Mrs. Flaherty made the motion to close the meeting. Mr. Mallory seconded the motion. The vote was unanimous and the motion carried. The meeting was adjourned at 9:05 pm.

Respectfully submitted,

 

Ann Dwyer

__________________________________
Accepted