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Town Board Minutes |
| March 9, 2005 A regular meeting of the Jewett Town Board was held on March 9, 2005. Supervisor Michael Flaherty called the meeting to order at 7PM. Present were Board members Thomas Hitchcock, Paul LaPierre and Harry T. Wilson. Absent was Board member Charles Kutcher. Also present were Superintendent of Highways Robert Mallory, Assessor Georgette Krauss, Zoning Officer William Dwyer, Building Inspector Robert Bosworth, Deputy Building Inspector Tom Cross and Attorney for the Town Tal G. Rappleyea. Present were Town residents Jeanne and Clarence Soule, Werner Pscherer, Shawn Jaeger, Jane Bostrom, Ann Dwyer and Gerry Loucks. Also present Uriel Oko, Ph. D., newspaper reporter Mike Ryan and the town clerk. The public hearing on Local Law #2 of 2005 was opened. This local law is entitled "Amendment to the Zoning Law Regarding Home Occupation Signage." The purpose of the law was to make home occupation signs consistent with the Towns sign law concerning the size of signs. Supervisor Flaherty made a motion to close the public hearing, 2 nd by Hitchcock and carried. Supervisor Flaherty made a motion to accept Local Law #2 of 2005, 2 nd by Hitchcock and carried. ROLL CALL: 4 Aye Flaherty, Hitchcock, LaPierre and Wilson 0 Nay Absent Kutcher A motion was made by LaPierre, 2 nd by Hitchcock and carried accepting the minutes of the February 9, 2005 regular meeting. The Supervisor's report was given out to the Board. Bank statement were unavailable for tonight's meeting. Assessor Georgette Krauss asked the Board to make a decision on the continuation of the annual reassessment plan. She said that there are pros and cons. "It does keep us current with the market, as best we can. The program has enabled the Town to maintain a good equalization rate and a fair school tax rate. There are problems in the administration of the program that make it less valuable. On the other hand the advantage of staying close to market value make it easier to explain someone's assessment" Councilman Wilson made a motion to continue in the annual reassessment program, 2 nd by Hitchcock and carried. The Town presented Building Inspector Bosworth with a plaque for his 13 years of service to the community. He will be retiring the end of this month. The Building Inspector presented his monthly written report. On a motion by Hitchcock, 2 nd by LaPierre and carried the report was accepted by the Board. Zoning Officer Dwyer gave out his monthly written report. On a motion by LaPierre, 2 nd by Hitchcock and carried the report was accepted by the Board. Superintendent Mallory reported to the Board that he is working hard on a 5- year road maintenance plan. He said he hasn't had time to look into speed limit reduction for Town roads. He said the Town has used up "its assessment of sand" and another 100 tons had to be purchased. He asked the Board to consider an addition to the salt barn. Courtesy of the floor was opened. No comments from the public. Courtesy of the floor was closed. Mr. Uriel Oko, Ph. D. addressed the Board. He works for "The Center for Municipal Solutions". They provide consultation for regulating towers and wireless facilities. He handed out pamphlets to the Board. Board members agreed the Planning Board should first review this information The Board discussed the motor paving of private roads. At present the subdivision law states that any time you're going to subdivide land and create a new road, not a driveway, that road has to be made to Town specifications. Councilman Hitchcock "I say we stay away from that until they come to the Town and want to turn it over to the Town, then the Highway Superintendent can tell them what has to be done to bring it up to Town specifications. I can see asking for a 50 foot- right of way. I'm in favor of amending the law." Councilman LaPierre "What's the liability to the Town as far as access for emergency vehicles?" Attorney Rappleyea "As long as the road is built in accordance to specifications in the current law as approved, none." Councilman LaPierre "Suppose we have no provisions in Town law governing that private road, are we absolved in any liability in terms of communication from the public highway to the property?" Attorney Rappleyea "No. Basically we have to make sure that in some fashion they can be reached by emergency vehicles and if they can't the Town has to condemn that road." Attorney Rappleyea "What a lot of Towns do is allow for private roads but have a road maintenance agreement be placed in the deed." The Board agreed that the law concerning roads should be looked at again. The Planning Board and ZBA monthly-approved minutes will now be going on the Towns web site. The Town Board, Planning Board and ZBA agendas will also go on the web site prior to monthly meetings. The Board questioned Attorney Rappleyea concerning Internet correspondence. Attorney Rappleyea "You can have a discussion as long as you don't make a decision and as long as you don't have a quorum." Councilman Wilson asked about sending an e-mail on, as an example, motor paving to all the board members is that a quorum? Attorney Rappleyea "You should also include a copy to the Town Clerk. The Town Clerk will then keep an index of all the copies." Councilman Wilson asked about the Towns Fund for the Future. He was unclear about the needs being fully articulated and where we are on those needs. Councilman Hitchcock stated that the Town should look at some short- term goals for 2005 but also look 5,10 and 50 years ahead. Councilman LaPierre suggested establishing a perspective of accomplishments over the last 8 years and how that fits into what we want to develop for the future. The finance committee of Councilmen Hitchcock and LaPierre audited the bills prior to the meeting. Councilman LaPierre made a motion recommending the Board approve the audit. Councilman Hitchcock 2 nd the motion and all Board members voted Aye. The general fund was $15,146.37 on abstract #3, claim numbers 45 to 66. The highway fund was $12,873.09 on abstract #3, claim numbers 27 to 40. Councilmen Kutcher and Hitchcock were appointed as the finance committee for April, May and June. Supervisor Flaherty informed the Board that the year-end update has been filed with the State Comptroller's office and a receipt is on file in his office. Supervisor Flaherty also informed the Board that the Carr Bridge project has been rejected because it is more of a flood issue. The engineering fees will be refunded back to the Town. Supervisor Flaherty made a motion to renew the annual DEC memorandum of understanding, 2 nd by LaPierre and carried. The Board accepted the annual report from the Jewett Fire Department. Janet Nicholls was appointed as Town Historian on a motion by Flaherty, 2 nd by LaPierre and carried. The Board would like Mrs. Nicholls to come prior to the May meeting and speak about her vision for the job. Under other: Councilman Hitchcock "One of my goals this year is to look at the fulltime employees and information on retirement and how we are going to deal with insurance when they retire. Information on when they will be able to retire and do we consider health care?" Supervisor Flaherty will try to obtain information from the State retirement system and the Association of Towns. Attorney Rappleyea gave the Board an updated draft junk law to review, he also has added a paragraph to the unsafe building law. These items will be discussed at the April meeting. There being no further business the meeting was adjourned at 9:45 PM on a motion by LaPierre, 2 nd by Hitchcock and carried. _______________________________ Patricia Merwin Town Clerk March 3, 2005 Roll Call: Chairperson: Jane Bostrom Members: Carol Muth, Joan Kutcher, Gene Beers, Paul Rosedale and Janet Nicholls [ 8:30 pm ] Absent: Charles Tatar Attorney: Tal Rappleyea The meeting was called to order at 7:37 PM . Agenda Item 2: Approval of Minutes of February 3, 2005 . After corrections of typos, Mrs. Muth made the motion to approve the minutes. Mr. Rosedale seconded the motion. The vote was unanimous and the motion carried. Agenda Item 3: Public Hearing on 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: Brian Matula Mr. Beers made the motion to open the Public Hearing. Mrs. Kutcher seconded the motion. The vote was unanimous and the hearing opened at 7:40 pm . Mr. Matula submitted the required notices and certification of mailing. Mrs. Kutcher made the motion to verify the waiver of the Public Hearing Sign Posting requirement due to the location and inaccessibility of the site. Mr. Beers seconded the motion. The vote was unanimous. Mrs. Dwyer verified the notification to the Town of Windham was sent. There were no comments from the Public. Mr. Beers made the motion to close the hearing. Mrs. Muth seconded the motion. The vote was unanimous and the hearing closed at 7:48 pm . 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 application and verified all the required documentation had been submitted. After the review, Mr. Rosedale made the motion to approve the Site Plan and the Special Use Permit. Mrs. Muth seconded the motion. ROLL CALL VOTE: MRS. BOSTROM – AYE; MRS. MUTH – AYE; MRS. KUTCHER – AYE; MR. BEERS – AYE; MR. ROSEDALE – AYE; MRS. NICHOLLS – ABSENT; MR. TATAR – ABSENT. The vote was five ayes with two absent and the motion carried. Mrs. Bostrom noted Mrs. Dwyer will prepare the Notice of Action and the Special Use Permit and submit them to the Zoning Enforcement Officer and the Building Inspector. 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. Mulholland submitted a revised Sketch Plan and a topographical map and indicated that each line on the topographical map represented twenty feet. He stated there were no existing structures and no existing streams on the property. He has already had a PERC test done on the middle lot in December 2004 and will be having them done on the other lots. The property is located on a private road built about 1967. He stated his engineer will be submitting a new sketch plan which will include topographical information and the tax map. Mrs. Bostrom indicated that all distances should also be included. 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 Ms. Bisieglia submitted a larger map; the redacted copy of the signed lease agreement; the abutters map; the construction specification for the shelter with list of materials; the Visual EAF; and the Structural Analysis Report. She noted they could not begin construction before May 2005. Mr. Rappleyea reviewed the redacted lease agreement and determined it met the requirements. Members reviewed the Visual EAF and Ms. Bisieglia stated it reflected the antenna at 55 feet with a three mile view-shed, standard for this type of terrain. She noted coverage does not reach the east side of Jewett because the mountain is in the way. Mrs. Muth made the motion to appoint the Town of Jewett Planning Board as Lead Agency under SEQR. Mrs. Kutcher seconded the motion. The vote was unanimous and the motion carried. Members reviewed the SEQR and Visual EAF. Mrs. Bostrom made the motion to determine that the proposed action will not result in any significant adverse environmental impacts. Mr. Beers seconded the motion. The vote was unanimous and the motion carried. After review of the application, Mrs. Kutcher made the motion to schedule the Public Hearing for April 7, 2005 at 7:30 pm . Mr. Beers seconded the motion. The vote was unanimous and the motion carried. Mrs. Muth made the motion to waive the requirement for Sign Posting due to the location and inaccessibility to the site. Mr. Beers seconded the motion. The vote was unanimous and the motion carried. Mrs. Dwyer will send the notification letter to the Town of Windham Planning Board . Application for Sketch Plan Review for Mark Kenny [Hunter Airport] Route 296, Jewett, NY, Tax Map No. 147.00-3-23, District: Rural Residential and 147.00-3-1 and 147.00-3-2 District: Rural Conservation. Present: Mr. Mark Kenny Mr. Kenny indicated he is considering buying the properties and developing a private fly-in, fly-out community of private homes, townhouses and/or condos on the 262 combined acres. He was appearing before the Board to get a sense of what would be and would not be permissible. He stated the present airport is designated a private airport by the FAA with a 2550 foot runway that is 75 feet wide, made of gravel and fine shale. It would remain a private community airport with very little noise disruption. It would also allow emergency helicopter landings. Additional marker lighting needs to be approved for the runway, but they would be blue lights about one foot above the ground. There would have to be a wind sock but there would be no need for a control tower since landing permission would be radio-transmitted. For this type of community, there is usually someone available to grant landing rights. He is anticipating 50 houses and 100 to 150 condominiums. Mrs. Bostrom noted the Zoning Law has no provisions for an airport but this is a pre-existing non-conforming use. She also indicated the Zoning Law allows for cluster developments in conjunction with a subdivision application. The number of dwelling units allowed under cluster development would be determined by the number of units allowed in a subdivision and would be regulated by the Zoning Law's District regulations. In the Rural Residential District it would be one for each two and one-half acres, in Rural Conservation it would be one for each three acres and in Conservation it would be one for each five acres. She inquired about the setback requirement of the FAA regarding buildings near an airport. Mrs. Bostrom recommended Mr. Kenny review the requirements of both the Subdivision Regulations and the Zoning Law Cluster Development Article in order to be aware of the procedure in advance. Mrs. Dwyer provided copies of both laws to Mr. Kenny. Agenda Item Pending ‘C': 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 submitted the list of abutting owners. Mr. Rappleyea reported the Town Board consented to the transportation corporation with conditions. They are presently working on the Performance Bond to provide one year of operational expense. They are considering creating a sewer district for this location. The agreements are not yet signed and the form is not yet filed. Mr. Rappleyea will provide a copy of the consent to the Planning Board. Mr. Korzic stated the DEP approval was made in February. It was determined that the [1] SPDES Permit [2] the Letter of Consent [3] the Certificate of Insurance and [4] the Letter from the Secretary of State were still needed in order to complete the application. Mr. Korzic requested the Board complete the SEQR review. Members determined the SEQR review would be scheduled for the April meeting if the documentation, except for the Secretary of State letter, were received by the meeting date. Agenda Item Pending ‘D': Application for Subdivision by 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, Tax Map No 110.00-6-9.11, District: Rural Conservation Mrs. Bostrom reported on the letter from Mr. Gardner stating they were withdrawing the application for use variance from the ZBA. Agenda Item 8: Report from County Planning Board Representative – Gene Beers. Mr. Beers reported the County Planning Board reviewed two applications [1] for a repair shop in Haines Falls and [2] the New Baltimore Hotel. Agenda Item 9: Town Board proposal to Amend Zoning Law re: Fees and Signage for Home Occupation. Mr. Rappleyea reported the Town Board passed a resolution to change the fee structure for building and zoning applications. This involves amending the Zoning Law to remove the fee amounts specified in it. The Town Board is also proposing to amend the Zoning Law to change the size of the sign for home occupation allowed under the Zoning Law in order to be consistent with the revised Sign Law they are proposing. Under the Zoning Law it is the responsibility of the Planning Board to review the proposed amendments and report to the Town Board on them. Mrs. Bostrom read the draft memo to the members. After discussion, Mrs. Kutcher made the motion to approve the Planning Board memo to the Town Board. Mrs. Nicholls seconded the motion. The vote was unanimous and the motion carried. Mrs. Dwyer will submit the memo to the Town Board prior to their next meeting. Attach as Exhibit A is the Planning Board Memo to the Town Board. Agenda Item 15 - Other Business: Mrs. Dwyer reported she was in the process of determining which of the pending applications were over six months old and required a letter. She would report on them at the next meeting. Mrs. Bostrom reported the staff will be having a farewell party for Mr. Bosworth at 5:30 prior to the next Town Board meeting and members are invited to attend. 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 9:47 PM . Respectfully Submitted, Ann Dwyer, Clerk ___________________________ Jane Bostrom, Chair
March 2, 2006 Roll Call : Russ Coloton, Vice Chair Members: Ann Dwyer, Margaret Flaherty, Kathleen Williams, Tod Mallory The meeting opened at 7:07 pm . Agenda Item 2: Approval of Minutes. Mrs. Flaherty made the motion to approve the February 2, 2005 minutes. Mrs. Williams seconded the motion. The vote was unanimous and the motion carried. Agenda Item 4: Application for Use 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. Mrs. Dwyer reported Mr. Gardner faxed, on March 1, 2005 , a notice of withdrawal on this application. There being no other business, Mrs. Dwyer made the motion to close the meeting. Mrs. Williams seconded the motion. The vote was unanimous. The meeting ended at 7:11 PM . Respectfully submitted, Ann Dwyer
__________________________________ Accepted
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