Town Board
February 13, 2008
A regular meeting of the Jewett Town Board was held on February 13, 2008. Supervisor Michael Flaherty called the meeting to order at 7:00 P.M. Present were Board members Thomas Hitchcock, Michael McCrary, JR Quackenbush and Elaine Warfield. Also present were Superintendent of Highways Robert Mallory, Town Judge Steven Canfield, newspaper reporter Mike Ryan and the town clerk.
The Public Hearing on Local Law #1 of 2008 was opened. This is a Local Law “Establishing Income Levels for Real Property Taxes for Senior Citizens”.
No one from the public was present.
On a motion by Supervisor Flaherty, 2nd by Councilman Quackenbush and carried the public hearing was closed.
The Public Hearing on Local Law #2 of 2008 was opened.
This is a Local Law “Establishing Income Level for Real Property Taxes for Disabled & Low Income Citizens”.
No one from the public was present.
On a motion by Councilman Hitchcock, 2nd by Councilman McCrary and carried the public hearing was closed.
Supervisor Flaherty made a motion to adopt Local Law #1 of 2008, 2nd by Councilman Quackenbush and carried.
Councilman Quackenbush made a motion to adopt Local Law #2 of 2008, 2nd by Councilman McCrary and carried.
Councilman Hitchcock made a motion to accept the minutes of the January 9, 2008 regular meeting, 2nd by Councilman Quackenbush and carried with the correction of the Town Health Officer’s name from Teri Church to Teri Martin.
The Supervisor’s monthly financial report was given to the Board.
Superintendent Mallory presented the Board with a spreadsheet on the highway equipment.
He was asked to look into a road sign that will mark the section where Cloos Road becomes Koss Road and vise versa.
Justice Canfield informed the Board that the courtroom is now required to have a digital tape recorder during sessions. The equipment has been provided by the State and is now being utilized.
The State is also requiring the use of a credit card machine, which they will provide. A dedicated line will be needed for this and the State has not decided how this will be taken care of.
The hours for the court clerk were discussed. Justice Canfield will document the hours needed for the clerk and report back to the Board at the March meeting.
Justice Canfield also asked for more outlets to be put in the courtroom. The Board agreed to this.
Councilman Hitchcock reported on his meeting with Steve Trader about the groundwater study. They looked at five locations. Mr. Trader stated that he thinks there is amble water in the Town. The issue of prevailing wage has to be worked out and the Supervisor is working on this.
This item was tabled.
There was an oversight at budget time and the bookkeepers position didn’t receive a raise. Councilwoman Warfield made a motion, 2nd by Councilman McCrary and carried to adjust the 2008 salary of the bookkeeper by 3%.
A motion was made by Councilman Hitchcock, 2nd by Councilman Quackenbush and carried to purchase two laptop computers, one for the planning board and one for the zoning board, not to exceed $3000.00.
Under committee reports.
Councilman Quackenbush said new town resident Mike Boyle is interested in becoming involved in the community.
Mr. Boyle will be asked to come in and speak with the Board about a position on the Planning Board at 6:30 P.M. on March 12, 2008.
Council members Warfield and Quackenbush met with the East Jewett Fire Department. One of the things talked about was a tax exemption. The State exemption is the better exemption. Department members appreciated the input from the town and said they would really like to bring in younger recruits to keep the fire department going.
Councilman Hitchcock, “As the years go by who is responsible for making sure that homes have their 911 numbers showing? Is it the fire company’s responsibility? I do think that we as the overseer’s of the town have a responsibility to see that this is being done either by the fire companies or our highway department. If they go by a home and can’t visibly see a 911 number it should be reported. Maybe the fire companies would want to take this on. We should have some way to make an annual check”
Council members Warfield and Quackenbush were asked to discuss this with the fire departments.
Councilman Hitchcock said he heard at one of the meetings with the fire departments that there are four or five bridges in Town that the fire department won’t take their equipment over. He suggested that property owners should be notified by the fire departments if this is the circumstance.
The Board discussed items on a “To-Do List” which included then following items.
Change health insurance, fire department committee report, FEMA info, land purchase, union negotiations, comparison of other town’s benefits, Time Warner franchise, Miles Road bridge and feasibility study.
Pat Johnson from the Public Service Commission applied for a six-month extension on the Time Warner franchise agreement on behalf of the Town.
Bids on surplus equipment were opened.
A bid was received from Paul Rosedale. No other bids were received.
On the Sharp copy machine a bid of $302.02 was given.
On the wooden table a bid of $128.02 was given.
A motion was made by Councilman Hitchcock, 2nd by Councilman Quackenbush and carried to accept both bids.
The Board discussed Miles Road Bridge. An historical marker was obtained for the bridge a few years ago. An inspection of the bridge was suggested prior to making any decisions.
The Board will hold a special meeting on Thursday, February 21, 2008 at 3:00 P.M. for discussion about the bridge and insurance options.
Councilman Hitchcock made a motion, 2nd by Councilman Quackenbush and carried to approve Resolution #7. Resolution #7 is a transfer of funds from the future of Jewett account into a general fund money market account.
ROLL CALL VOTE: AYE Flaherty, Hitchcock, McCrary, Quackenbush, and Warfield.
Councilman Hitchcock made a motion, 2nd by Supervisor Flaherty and carried to go into executive session concerning legal matters at 9:07 P.M.
Councilman Hitchcock made a motion, 2nd by Supervisor Flaherty and carried to come out of executive session at 9:27 P.M.
Councilman Hitchcock made a motion, 2nd by Councilman Quackenbush and carried to approve the Supervisor’s December financial report.
Bank statements were made available for the Board to review.
The finance committee of Councilwoman Warfield and Councilman Quackenbush audited the bills prior to the meeting.
Councilwoman Warfield made a motion recommending the Board approve the audit. Councilman Quackenbush 2nd the motion and all Board members voted Aye.
The general fund was $20,857.37 on abstract #2, claim numbers 17 to 51. The highway fund was $17,561.87 on abstract #2, claim numbers 6 to 26.
The East Jewett Fire Department will be celebrating its 50th anniversary in May. The Board agreed a letter of congratulations should be sent from the Town.
Monthly reports were received from the Building Inspector and Zoning Officer.
The yearly report was received from the East Jewett Fire Department.
There being no further business the meeting was adjourned at 9:40 P.M. on a motion by Councilman Quackenbush, 2nd by Councilman McCrary and carried.
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Patricia Merwin Town Clerk RMC
Planning Board
FEBRUARY 6, 2008
Agenda Item 1: Meeting called to order at 7:33 pm
Roll Call: Chair: Jane Bostrom
Members: Gene Beers, Janet Nicholls, and Paul Rosedale.
Also present, Tal Rappleyea, town attorney, and J.R. Quackenbush, Town Board liaison.
Absent: Joan Kutcher and Carol Muth.
Agenda Item 2: Approval of Minutes of January 3, 2008.
Mrs. Bostrom questioned Mr. D’Acunto’s acreage as it appeared on page four of the minutes. The method he used to calculate his total acreage was confusing. Since Mr. D’Acunto was not yet present at the meeting for his case, the Planning Board decided to postpone approval of the minutes until after discussion with Mr. D’Acunto.
Agenda Item 3: Silvano Vales, 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.
Dave Wieman from Kaaterskill Engineering submitted a letter of representation from Mr. Vales, the application fee, and copies of the revised maps. All fees have been paid for the Sketch Plan Review and for the Application for Minor Subdivision.
The map shows the larger acreage, and not just the smaller area to be subdivided from the entire parcel. Mr.Wieman put some proposed development features within the area not under application. Mrs. Bostrom felt these proposed features could be mistaken for Planning Board approval if she signs the map. She further noted that illustrating the entire parcel on the large map makes for tiny viewing of the area proposed for subdivision. Mr. Wieman argued that Jewett regulations require the entire parcel to be subdivided be shown on the Application for Minor Subdivision. Mr. Rappleyea suggested one way to handle Mrs. Bostrom’s concern would be to make an additional note (#7) on the map, and wrote Mr. Wieman a way to phrase that legally. Mrs. Bostrom noted that our usual procedure with large parcels was to show the entire parcel on a location map in the upper right corner of the plat with the part to be subdivided shown. Mr. Wieman said that his surveyor, Christine Valcovak, has to sign off on the map, too, so that the method he chooses will depend on her approval.
Mr. Wieman had also checked the language used on the map in relation to adjoining parcel ownership to answer questions that had come up at the last meeting. “Now or formally owned by” were ownership checked by deeds; the phrase “Reputedly owned by” came off the tax roles and the deeds were not pulled. He said they did not pull the deeds north of County Route 77.
Mr. Wieman inquired whether the Planning Board could set a date for the public hearing. Mrs. Bostrom checked the file to see whether the NYCDEP had yet been notified of the SEQR process; the letter had been dated January 3, 2008, and mailed the next day. Mrs. Bostrom reviewed page two of the short form SEQR with the Planning Board. Mrs. Nicholls questioned the water runoff from Helsey Road, but Mr. Wieman had a topographical copy of the map to demonstrate that no problem exists. The motion for a negative declaration on the SEQR was made by Mr. Rosedale and seconded by Mrs. Nicholls. The motion passed unanimously. Then the motion to hold the public hearing at the March 6th meeting was made by Mr. Beers and seconded by Mrs. Nicholls. The motion passed unanimously. Ms. Laubmeier gave Mr. Wieman the letters to be sent to the neighbors, the verification for sign posting, and the sign to be posted.
Agenda Item 4: Lars Peters of Acorn Drive, Jewett, NY; Application for Sketch Plan Review, Tax Map No. 112.00-3-81: Rural Residential District.
Sandra Peterson from Kaaterskill Associates acted as a substitute representative for Darin Elsom on this project as Mr. Elsom was out of town. The application to the Planning Board on this project came in just prior to the moratorium, and no action has been taken on this case. Ms. Peterson had brought a map, which she gave to Mrs. Bostrom and the Planning Board members to review. Mr. Wieman pointed out the three lots that had come off the larger parcel originally. There are five new lots proposed.
Mrs. Bostrom asked where Goshen Street lay. Mr. Beers pointed out where Acorn Drive comes off Goshen Street. The proposed paved road comes off of Acorn Drive. Mrs. Bostrom and Mrs. Nicholls had visited the site prior to the moratorium and remembered it as a swampy area. Mr. Rappleyea summarized the task tonight is to analyze the map to determine the stage of the SEQR process. Mrs. Bostrom said this is a project that should be coordinated with DEP. Ms. Peterson replied that DEP has already been on site for soil and water analysis. Mr. Rappleyea noted there are many storm water issues to be considered.
The map includes lots and a graphed profile of the road elevation. Mr. Beers commented that the road must be brought up to specs. Ms. Peterson said that Mr. Elsom intends to meet with the Highway Superintendent. Mr. Rappleyea asked if the owners are planning on dedicating the road to the town. Mr. Wieman replied “Yes,” and said a full storm water plan exists, and asked whether the storm water facility should be dedicated to the town with an easement. Mr. Rappleyea said the Highway Superintendent would prefer the town to get a deed to the land with particulars, and advised Mr. Wieman to talk with the Fire Department to be sure they can get fire apparatus in there.
Mrs. Bostrom asked whether utilities exist yet, and Mr. Wieman said he believes the existing utilities are for the three existing lots and come off of Goshen Road. Those were the three lots originally subdivided off; now the Planning Board is concerned with lots 4, 5, 6, 7, and 8. Mrs. Bostrom wondered whether these lots are designed within Jewett frontage requirements, and asked that frontage or width be added to the map. Mr. Wieman noted this is the Sketch Plan Review stage and that the final plat will contain that. Mrs. Bostrom inquired about wells. Mr. Wieman pointed out the individual wells and septic systems for each lot. Mrs. Bostrom requested that the distance apart for these be illustrated as well. Mr. Wieman said the lots are centered on the well. It was noted that septic systems need to be ten-feet from the line.
The Planning Board checked the old maps and found them not too different from the new. The pen weight for the topographical contours needs to be deepened for easier visibility. Mrs. Nicholls asked whether lot No. 8 would be visible from Route 296. Mr. Wieman answered that it is possible. He thinks it is about one hundred feet off the property line. It depends on where the people build their house and whether they clear-cut the entire lot. Mrs. Nicholls said the area is mostly pasture growth and does not have a lot of tall trees.
Mr. Wieman asked whether the Planning Board would accept the new map as the Sketch Plan Review stage of the project. Mrs. Bostrom and Ms. Laubmeier looked through the old files for the Sketch Plan Review application fee. Mr. Wieman said he had seen a copy of the original check and would fax the Planning Board a copy. Mr. Rappleyea found the check stub during the meeting. Mr. Rosedale noted that the neighbor list must be updated from 2006. Mrs. Bostrom said the Planning Board had received what is needed for the Sketch Plan phase, but noted for the Major Subdivision Application more is necessary. Mr. Wieman said they had earlier submitted a long form SEQR and would provide another copy. The motion to accept the Sketch Plan and classify this as a major subdivision was made by Mr. Beers and seconded by Mr. Rosedale. It passed unanimously.
Agenda Item 5: Brittny Estates Application for Sketch Plan Review for property on Round Hill Road, Jewett, NY; Tax Map No. 113.00-3-23 and property in Windham, Tax Map No. 113.00-1-22.11 including land in both Rural Conservation and Conservation districts.
Mr. Rappleyea sent out coordinating letters regarding the Jewett Planning Board’s intention to declare itself Lead Agency for the SEQR process. He received no contradictions, so the Planning Board can act on its intention. Mrs. Bostrom wondered about possible conflicts with the Town of Windham. Mr. Rappleyea said since they did not respond, there is no conflict. The motion to declare the Jewett Planning Board Lead Agency was made by Mrs. Nicholls and seconded by Mr. Beers. It passed unanimously.
Mr. Elsom had told Mr. Rappleyea in a phone conversation that he hoped the Planning Board would spot issues tonight that needed addressing. Mrs. Bostrom replied that Mr. Elsom already had that list. Mr. Elsom had promised a color-coded map for easier referencing of lots, zoning, and town lines, which the Planning Board has not received yet. Mrs. Bostrom read from the January minutes the stated request for frontage data and special use applications for lots in the conservation zone.
Mrs. Bostrom inquired if declaring itself Lead Agency subjected the Planning Board to any time frame. Mr. Rappleyea replied that is contingent upon the Planning Board receiving all necessary information, and compared the SEQR process to a guideline for coordinating issues like storm water management, getting DEP approval, and coordinating the design of the switchbacks with the Fire Department. Ms. Peterson asked who the East Jewett Fire Chief was, and Mrs. Nicholls replied it is Skip (Francis) Benjamin. Mrs. Bostrom mentioned they also need to meet with the Highway Superintendent regarding that.
Mr. Rappleyea said Windham needs to be apprised concerning all aspects of this case. Ms. Peterson requested placement on the agenda again next month. Mr. Wieman asked whether the Planning Board still needs a color-coded map; Mrs. Bostrom said it should facilitate differentiating town lines and zoning areas. Mr. Wieman promised a combination of colored areas and hatched patterns. Ms. Peterson mentioned that as Windham has no zoning regulations, color-coding their area of the map should not be a problem.
Agenda Item 6: Joseph D’Acunto, PO Box 71, Boy Scout Road, East Jewett, NY 12424. Application for Special Use Permit to keep a riding stable; Tax Map Nos. 132.00-5-40 and 132.00-5-36: Rural Conservation, 2.5 and 1.2 acres respectively.
The Planning Board asked Mr. D’Acunto to help it answer the questions raised earlier about the tax map parcels. Mr. D’Acunto said it is the same tax he has been paying all along. Mrs. Bostrom asked whether the parcels are combined. Mrs. Nicholls pointed out parcels numbered 40 and 36 on a portion of the tax map, and Mr. D’Acunto pointed out his lower two parcels that had merged. What formerly were Tax Map Nos. 132.5.2 and 132.5.3 are now 132.5.40. Mr. Rappleyea defined the acreage of Tax Map No. 132.5.40 as about 2.5 acres, more or less; the upland parcel, now Tax Map No. 132.5.36 is 1.2 acres. Mr. D’Acunto claims that including the easement and both other parcels makes his total acreage 3.34 acres.
Mrs. Bostrom asked for clarification of Mr. D’Acunto’s access to state land. She felt that his map is incorrect. Mr. D’Acunto pointed out the easement, and claims the easement was always part of the lower properties. When Mr. Vannucchi subdivided the land, he had to take land for the easement from the piece he owned rather than from his neighbors to the south. Although Mr. D’Acunto said he had dealt with Gary Vanucchi, Mrs. Bostrom said it was originally Vic Vanucchi who subdivided the land. The easement runs all the way to Mr. D’Acunto’s upper property. Here the Planning Board questioned Mr. D’Acunto’s access to state land. The tax map shows Elaine Warfield owns 85 acres adjacent to 150 acres of Boy Scout land. Mr. D’Acunto claims there is a corridor between these properties that allows him access to state land. He said that this corridor runs between where the posted signs are hung, and insisted it is an old state trail. Mr. Beers commented that it is not an old state trail, but an old town highway, and there are also old Boy Scout trails up there. He added that Elaine Warfield doesn’t have to hang her signs exactly following her property line. Mr. D’Acunto argues that the corridor between the posted signs proves his point, that he has legal access to state land.
Mr. Rappleyea mentioned that the Boy Scouts are the owners, but that DEP has a conservation easement on the adjacent Boy Scout property and their regulations still apply. He commented to Mr. D’Acunto that although the law does not always make common sense, it does need to rule out where the boundaries actually lie. Mrs. Nicholls brought the tax map to the table. Mr. Rappleyea asked Mr. D’Acunto whether the Boy Scouts filed their survey; Mr. D’Acunto did not know, but claimed he saw it a couple years ago. The Planning Board can ask Elaine Warfield for her survey. The surveys may be filed in Catskill concerning the conservation easement for the DEP right of way. Mr. Rappleyea promised to talk to Mr. Cohen about this matter. Mr. Rappleyea asked Ms. Laubmeier to make two more copies of the tax map showing the property more clearly.
Mrs. Bostrom reviewed the new map provided by Mr. D’Acunto with the contour lines. It shows sixty-feet of elevation; the water runs away from the road. Mr. Rappleyea pointed out to Mr. D’Acunto it was necessary for the Planning Board to determine where the manure pile goes. Mr. D’Acunto pointed out he is always moving the pile depending on winter conditions. Snow and ice can make manure removal with a wheelbarrow difficult. Mr. Rappleyea expressed his concern that the pile must be 150-feet minimum distance away from the stream. Mr. D’Acunto said the area of the creek where it passes his pasture never freezes. A spring feeds it, and he has arranged a chute for the horses to access the water where they cannot pollute the stream.
In addition to the new map, Mr. D’Acunto provided the Planning Board with a copy of his hunting guide’s license.
Mr. Rappleyea asked Mr. D’Acunto if he planned to upgrade the roads. Mr. D’Acunto handed Mr. Rappleyea a copy of an estimate he received from Henry Van to re-grade the road. Mrs. Bostrom suggested that a plan to upgrade the road be reviewed by the Highway Department and the Fire Department. She will contact them.
Mr. Rappleyea asked Mr. D’Acunto if the mapped areas are the only places he will be riding. Mr. D’Acunto drew an area around the tax map with his finger, and said the area around his ranch is where he most commonly rides, because he can only go so far at a walk within an hour. He does not go as far as Colgate Road unless he is asked for an overnight trail ride, and pointed out that he has ridden as far as Griffin Road. He said there are trail markers when the state has marked trails. Mrs. Bostrom asked him to provide the Planning Board a copy of a map wherever he might ride. Mr. D’Acunto wondered how he would provide such a map, because he doesn’t know where he’s going. Then he pointed out that if he operated a livery stable instead of a riding stable the customer could take the horse out and ride anywhere without his knowledge. Mr. Rappleyea pointed out to Mr. D’Acunto that he is asking to operate a business out of this area, and because it is a business, the Planning Board needs certain delineations of where the business is operated. Mr. Rappleyea suggested that Mr. D’Acunto get a tax map of the two or three acres where he will ride, saying that if he receives approval of his application, he will be approved for this area. Mr. Rappleyea instructed Mr. D’Acunto that it is not accurate to say he can do what he wants on public land as a business, but that does not mean he cannot, for example, ride on the road for his personal recreation. Mr. Rosedale, Mr. Rappleyea, and Ms. Iocca, Mr. D’Acunto’s friend, urged him to create a map of where he usually rides. Mrs. Bostrom asked Mr. D’Acunto to include where he might ride as well as where he usually rides.
Mr. Rappleyea summarized that he will talk to Mr. D’Acunto’s lawyer, Jon Cohen, about how to prove ownership of land where Mr. D’Acunto accesses state land. Instead of basing this upon Mr. D’Acunto’s assumptions, he said the Planning Board needs empirical evidence that shows to ride there is Mr. D’Acunto’s right. Since the evidence before the Planning Board differs from the evidence Mr. D’Acunto has provided, it needs the proof of those available surveys. Mr. D’Acunto commented that riding on the state land was shoddy riding anyway, as the state does not maintain its trails. Mrs. Bostrom said that riding on hiking trails is forbidden to horses. Mrs. Nicholls brought up the promise from last month’s minutes that Mr. D’Acunto provide the Planning Board with a pamphlet of state trails for horse riders. Mr. D’Acunto did show the Planning Board his pamphlet with trails around North Lake, but he did not leave one for the file. He does not ride that far anyway, and to trailer horses over there, he said, would be impractical. He mostly rides old logging trails close to Boy Scout Camp. Mr. Beers commented there was a main highway in East Jewett many years ago.
Mr. D’Acunto asked to be placed on the Planning Board agenda for next month.
Return to Agenda Item 2: Approval of minutes.
Mrs. Bostrom said that 3+ acres must be contiguous where Mr. D’Acunto keeps his horses. Mrs. Nicholls said the easement can’t be counted as part of where the horses reside.
Mrs. Bostrom wondered if in the third paragraph from the heading the term “dirt road” should be allowed for a trail. The Planning Board consensus was to leave the term alone.
The DEC will not permit riding on foot trails. It was noted that Griffin Road was marked for hiking, and that it is not a horse trail.
There are many loose ends to be cleared up. The neighbors who appeared at Mr. D’Acunto’s former cases do not want him riding on their land.
Corrections were made to the parcel numbers and corresponding acreage. The motion to approve the corrected minutes was made by Mr. Rosedale and seconded by Mrs. Nicholls. It passed unanimously.
Agenda Item 7: Report from Greene County Planning Board Representative Gene Beers
Mr. Beers said the Greene County Planning Board had no meeting this month.
Agenda Item 8: Report from Town Board liaison J.R. Quackenbush.
Mr. Quackenbush said he is working with Elaine Warfield on a newsletter in which each member of the Planning Board will be interviewed. The desire is to get more people involved in the process of the town.
Agenda Item 9: Other Business
Mrs. Bostrom introduced Michael Boyle, a friend of Paul Rosedale, who might be interested in joining the Planning Board. He has been active in communities where he has lived: Rescue Squad, Little League, Library, and taught at Onteora School for a number of years. He is formerly of Woodstock, and although not a Planning Board member there, he did represent the interests of his neighbors before the board. Mrs. Bostrom said his next step would be to be interviewed by the Town Board, as they have to appoint the Planning Board members. She will speak further about it with Mr. Flaherty.
Mrs. Bostrom told the Planning Board that the by-laws read that she should appoint a vice-chair, and she has asked Mrs. Kutcher who has agreed to fill that role.
Ms. Laubmeier reported that Mike Flaherty had asked her to price computer equipment for the Planning Board, and to work with J.R. Quackenbush on looking further into such a purchase. Among the ideas that Mr. Flaherty had was to provide PowerPoint presentations of maps, et cetera, at Planning Board meetings to cut back on the mailings. Other considerations of Ms. Laubmeier’s research is the possibility of PowerPoint presentations from other agencies, especially as the Planning Board deals more with major subdivisions. Mr. Beers commented that if Jewett had better internet service, people would use the web site more often. He thought the population density warranted another consideration from Time Warner. Mr. Rosedale was critical of the satellite service that he uses.
At 10:32pm the meeting adjourned. Mr. Rosedale made the motion to close the meeting; Mr. Beers seconded the motion, which passed unanimously.
Respectfully Submitted,
Susan Laubmeier, Clerk
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Jane Bostrom, Chair
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