| Town Board March 12, 2008
A regular meeting of the Jewett Town Board was held on Wednesday, March 12, 2008. Supervisor Michael Flaherty called the meeting to order at 7 P.M. Present were Board members Thomas Hitchcock, Michael McCrary, JR Quackenbush and Elaine Warfield.
Also present were Superintendent of Highways Robert Mallory, Building Inspector Thomas Cross, Zoning Officer William Dwyer, Attorney for the Town Tal G. Rappleyea, town residents Jane Bostrom, Shawn Jaeger and the town clerk.
Councilman Hitchcock made a motion, 2nd by Councilwoman Warfield and carried to accept the minutes of the February with the addition of adding the items discussed on the To Do List. Change Health Insurance, Fire Departments, FEMA, land purchase, 10% towards health insurance, union negotiations, and comparison of other Town's benefits, Time Warner franchise, Miles Road Bridge and feasibility study.
Councilman Hitchcock made a motion, 2nd by Supervisor Flaherty and carried to appoint Steven Jacobs to fill the vacancy on the planning board. His term will end December 31, 2009.
The Building Inspector gave his written report to the Board.
The building inspector said building permits are slow right now.
He asked the Board to consider a fee increase for certificates of occupancy searches from $30 to $50 mainly because of the time it takes to do a search.
The building inspector said there is an issue on the expiration date on a building permit. Right now they expire after 18 months. The problem is with permits that are older then18 months. Currently there is no standard as to what can or cannot be charged after the 18 months have expired.
Attorney Rappleyea suggested the Board adopt a “statement of policy” by resolution.
Attorney Rappleyea was instructed to draft such a resolution. The resolution will deal with the percentage unfinished, compliance of change in code and the ability to change or waive a fee for cause.
Councilman Hitchcock made a motion, 2nd by Councilman McCrary and carried to increase the cost of a certificate of occupancy search and replacement certificates of occupancy from $30 to $50 effective May 1, 2008.
The Zoning Office gave his written report to the Board
He stated that all complaints have been cleared up. He is currently working with a property owner to remove an unregistered truck from his property. He is also waiting for information from a homeowner with a sawmill to determine if the property was grand fathered before zoning for a business.
The zoning officer was asked what the status was on the fencing around the old cars at Rappleyea's garage on Co. Rt. 17. The zoning officer said he wasn't aware of this matter. Attorney Rappleyea said there was an agreement a few years ago and fencing was to go in. Attorney Rappleyea will look into this further.
Superintendent Mallory was instructed to advertise the conveyer for $5,000.
A discussion on the groundwater study was tabled.
Town Justice Canfield addressed the Board on the need to increase the hours for the court clerk. Right now the clerk is budgeted to work 3 hours per week, last year the clerk worked 6 hours per week. Since the clerk's hours have been cut it's made more work for the Judge.
Justice Canfield asked to have the clerk's hours increased at least 1 hour more per week. If the 1 extra hour is not adequate to complete the work he will return to the Board and ask for more hours.
Councilman Hitchcock made a motion in favor of reinstating the hours the clerk worked last year and reinstate her salary, making it retroactive to January 1st, 2008 with a 3% increase.
There was no second to the motion.
Councilman Hitchcock again restated his motion. There was no second.
Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried to restore the court clerk's appropriation to $3000 per year.
Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried to schedule a Public Hearing on April 9th for a Flood Prevention Local Law. Councilman Hitchcock voted Nay.
Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried adopting Resolution #8. This resolution is the submission of a joint application for New York State Department of State 2008 water quality planning & implementation grants for communities in the NYC watershed.
ROLL CALL VOTE: Aye Flaherty, Hitchcock, McCrary, Quackenbush and Warfield.
Supervisor Flaherty made a motion, 2nd by Councilman Hitchcock and carried adopting Resolution #9. This resolution is an amendment to the general fund budget for the purchase of laptop computers for the planning and zoning boards.
ROLL CALL VOTE: Aye Flaherty, Hitchcock, McCrary, Quackenbush and Warfield.
Supervisor Flaherty made a motion, 2nd by Councilman McCrary and carried approving a letter of intent on the all County hazard plan.
The Fire Department committee of Board members Warfield and Quackenbush are waiting to hear from both fire districts regarding a joint meeting.
The East Jewett Fire Department fire chief said they have no concerns with bridges in their district. The only concern is a road off of Co. Rt. 23C. The road washes out certain times of the year and becomes difficult to drive on.
Councilman McCrary was appointed a member of the Schoharie Watershed Advisory Council.
Councilman Hitchcock made a motion, 2nd by Councilman McCrary and carried accepting the Supervisor's January financial report.
The Board was given the new QuickBooks version of the Supervisor's monthly report. The bookkeeper will come to the April meeting to go over the new format and answer any questions.
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 $42,495.54 on abstract #3, claim numbers 52 to 79. The highway fund was $14,292.33 on abstract #3, claim numbers 27 to 48.
Councilmen Hitchcock and McCrary were appointed the finance committee for April, May and June.
A meeting was scheduled for Thursday March 20th to discuss the feasibility study.
Councilman McCrary made a motion, 2nd by Councilman Hitchcock and carried to adjourn the meeting at 8:50 P.M.
_______________________________
Patricia Merwin Town Clerk RMC
Planning Board
MARCH 6, 2008
Agenda Item 1: Meeting called to order at 7:30 pm
Roll Call: Chair: Jane Bostrom
Members: Gene Beers, Joan Kutcher, Carol Muth, Janet Nicholls, and Paul Rosedale
Agenda Item 2: Approval of Minutes of February 6, 2008.
Mr. Beers made the motion to accept the minutes as corrected. Mrs. Kutcher seconded the motion, which passed unanimously.
Agenda Item 3: Silvano Vales, Public Hearing regarding 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.
Mrs. Muth made the motion to open the public hearing for Mr. Vales’ application for a minor subdivision. This was seconded by Mrs. Kutcher and passed unanimously.
Mr. Wieman handed Ms. Laubmeier the postal receipts notifying neighbors of the public hearing and letter stating he had posted the sign. He also brought a revised map to present to the Planning Board with the smaller area enlarged. He said that he wanted to be sure this copy was correct before he made more. Mrs. Bostrom checked whether the new scale met Planning Board dimension requirements; it does.
Mrs. Bostrom asked the audience whether anyone was present for the public hearing, but no one was. Mr. Rosedale motioned to close the public hearing; Mr. Beers seconded the motion, and it passed unanimously.
Ms. Laubmeier recorded the Roll Call vote to approve the Application for a Minor Subdivision. The motion was made by Mrs. Kutcher and seconded by Mrs. Muth. Mrs. Bostrom – aye; Mr. Beers – aye; Mrs. Kutcher – aye; Mrs. Muth – aye; Mrs. Nicholls – aye; and Mr. Rosedale – aye.
Mr. Wieman promised to have Susan Cox from Kaaterskill Engineering deliver more copies of the map on Monday. Mrs. Bostrom gave Mr. Wieman her contact information so Ms. Cox would not have to drive all the way out to the Municipal Building to have them signed.
Agenda Item 4: 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. Elsom was present this week. He handed Ms. Laubmeier a check for $5000 intended for the escrow account and an Agreement for the Payment of Municipal Review Expenses Major Subdivision Application. Mr. Elsom reviewed the progress of the project and summarized the next stages in the process – his need to meet with the Town of Windham regarding this subdivision, to get the Special Use Permits for the Conservation zones, and meet with the DEC and DEP regarding the storm water management and septic systems. Mr. Elsom also mentioned that he has to file with the Army Corps of Engineers to meet conditions for disturbance of federal wetlands.
Mr. Elsom passed out an information packet to each Planning Board member containing a detailed cover letter, copies of the NYCDEP letter dated February 5, 2008, a graphed profile of the proposed road, and a copy of the escrow agreement. Mr. Elsom made particular note of the statement in the bottom paragraph of the first page of the DEP letter that DEP comments at this stage are suggestions only. He stated that in his experience with other major subdivisions, these issues are part of the DEC permitting process that take place after the SEQR process and are not part of the SEQR process. Mrs. Kutcher asked Mr. Elsom if he meant the Planning Board is to regard the DEP comment as a suggestion only. Mrs. Bostrom noted that there are many issues to resolve with environmental assessment, and that this packet is something the Planning Board will need time to review before any decisions are made. Mr. Elsom replied that he would like a negative declaration on the SEQR next month so that he can move forward with this project, and stated that he has tried to anticipate any question that might come up with the supplementary information list he earlier gave the Planning Board regarding the full EAF.
Mr. Elsom also noted the DEP comment concerning the septic systems located within 100-feet (one-hundred feet) of the wetlands. He said that he found no regulations placing restraint of distance on septic systems from wetlands. He also stated that the pathway of drainage is pointing away from the wetlands.
Mr. Elsom stated that in response to earlier comments from the Jewett Planning Board that he had imposed limits as to how much owners could clear-cut on the site and has calculated ways that exterior lighting might be shielded to minimize the brightness of night-sky impacting the natural aesthetic view.
Mrs. Kutcher wondered how to consider lots falling within two zones, and Mr. Elsom replied that Mr. Rappleyea had said to regard those as falling within the Conservation zones. These are the Town of Jewett lots requiring Special Use Permits.
Discussion arose concerning the road going in. Mr. Elsom pointed out two areas at the entrance and at the top where he said he couldn’t quite do it according to regulations. In general the regulations say that roads should come together at 90° for a certain distance, and he has notified Mr. Mallory, the Highway Supervisor, about this. Mrs. Muth anticipated the existing grade of the road to be about 12%, but Mr. Elsom replied that the grade averages 8-10% as he has illustrated it in the mapped road profile included in the information packet.
Mr. Skip Benjamin was in attendance to represent the East Jewett Fire Department. He and Mr. Elsom discussed the impact of the road design in regard to the functionality of the fire trucks that would be tanking water up the mountain. Mr. Benjamin worried for the safety of the trucks, saying that with the switchbacks a fully loaded tanker coming up the grade would have to stop for an empty truck coming down, and would be unable to get going again. Fully loaded tankers are notoriously easy to tip. Mr. Elsom replied that he had designed sufficient turning radius for the fire trucks into the switchbacks, and he has incorporated places where fire trucks can pass. Mr. Benjamin stated that snow removal would be a huge problem in the wintertime. Mr. Elsom replied that he made certain the driveways are flat and wide to accommodate the needs of the trucks, and to leave adequate room for snow removal. Mr. Benjamin also asked Mr. Elsom whether he could design a dry hydrant, which is a pipe that goes down into the water of a fire pond, which needs to be about 9-feet (nine feet) deep and about 50-feet (fifty feet) away from the road. Mr. Elsom agreed the dry hydrant was a good idea, then said he could probably dig out a wet area that was off the road and situated where a fire truck could easily back up to it. Mr. Benjamin said he would present his board of directors with his copy of the map to review. Mr. Elsom reassured Mr. Benjamin the road must be built to town regulations.
Mrs. Bostrom asked whether the frontage and/or lot widths had been diagrammed on the new map. Mr. Elsom showed the Planning Board the distances he had shown on a map a couple of months ago, and said that as the wording of the town law confused him on this issue, Mr. Rappleyea had promised to better define it for him.
The Homeowner’s Maintenance Agreement was discussed. It will include road maintenance and homeowners will also be required to maintain all the storm water facilities. These will include one large pond and several smaller ones scattered throughout the area. These ponds will be fed by and exist only for storm water. They are designed to hold about eight-feet (8-feet) of water. There will be still smaller ponds, like garden ponds, designed to hold only a couple feet of water. Mr. Elsom said he still needs to work with the DEP regarding the storm water, but for him to proceed he really needs to get a negative declaration on the SEQR. Mrs. Bostrom reminded him the Planning Board cannot promise that for next month as there is a lot to review.
Agenda Item 5: Lars Peters of Acorn Drive, Jewett, NY; Application for Sketch Plan Review, Tax Map No. 112.00-3-81: Rural Residential District.
Mr. Elsom represented Mr. Peters tonight. He summarized that the project is again at a beginning, and that he would like to get the Planning Board to establish itself as Lead Agency as quickly as possible. Mrs. Bostrom asked whether the DEP had been notified about this project, and Mr. Elsom said that it had been done before the moratorium. He also noted that he had involved the storm water official, Mr. Andy Fisher, and they had identified three watercourses that are in the plans. The most current SEQR was not found in the old files, but Mr. Elsom had brought seven copies with him, which he passed out to the members. He requested the Planning Board to send out the coordination letter to DEP so he could dispense with the thirty-day wait.
Three lots had previously been approved in 2004 coming off Goshen Street. The current application, or Phase II is for five additional lots, 4 through 8, with a road coming off Acorn Drive. There is a storm water plan that Mr. Elsom had prepared earlier, and he promised the Planning Board a copy for its file. The Sketch Plan had been approved last week, but the most current map could not be located. Ms. Laubmeier remembered a conversation between the Planning Board and last month’s representatives from Kaaterskill Engineering stating that the map from June 2006 was not significantly different from the newer one made one month later. Mrs. Bostrom located a map titled Phase II and dated June 16, 2006. Mr. Elsom agreed that the map received by the Planning Board for the Sketch Plan was very similar to the one he held dated one month later, and he promised the Planning Board a copy of the newest map for its file.
Mrs. Bostrom stated that with the Sketch Plan Review approved, the Planning Board needed a copy of the Application for a Major Subdivision and the fee. Mr. Elsom reiterated that he hoped the Planning Board would initiate the SEQR process tonight, and commented that in his opinion the board could do that before they received the requested application. The Planning Board stated that was not its procedure; the application is needed first. Mrs. Bostrom reminded Mr. Elsom that there is much to discuss, and read aloud to Mr. Elsom what Mr. Rappleyea had said last month. The following quote contains the bulk of it.
“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 restated the Planning Board’s position that the SEQR usually comes in with the Application for a Major Subdivision. Mr. Elsom countered that the SEQR could be done first. Mrs. Muth said the Planning Board should declare itself Lead Agency, and made the motion to do so. The motion, seconded by Mrs. Kutcher, passed unanimously. Mrs. Bostrom said the Planning Board would notify the DEP of its intent to be Lead Agency. Mr. Elsom said the DEP would submit SEQR comments just as it did for Brittny Estates. Mrs. Bostrom summarized that next month the Planning Board needs a copy of the current map with frontage and/or width listed, the Application for Major Subdivision and the fee, and an updated neighbor list. Mrs. Kutcher commented that the Planning Board will need to visit the site before it can fill out the SEQR. Mr. Elsom informed the Planning Board that Larry Vannucchi would be preparing the survey. Mrs. Bostrom said that the Planning Board needs the particulars listed on the survey and asked Mr. Elsom to make sure that Mr. Vannucchi understands that.
Ms. Laubmeier gave Mr. Elsom the application fees she had calculated for the Peters and Brittny projects. She explained to him how she had arrived at the amount and offered to review it with him later if necessary.
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.
Mr. D’Acunto brought a color-coded trail map requested by the Planning Board last month. Mr. Rappleyea was ill and could not attend tonight. There were sufficient maps to be reviewed by all members. Mrs. Kutcher wondered about documentation from owners upon whose land Mr. D’Acunto might ride. Mrs. Bostrom replied none appeared to be necessary as all the areas defined are either owned by Mr. D’Acunto or public roads. Mrs. Kutcher summarized the Planning Board could go no further tonight as it lacks Mr. Rappleyea’s report.
Mr. D’Acunto asked if his map was good enough. Mrs. Bostrom said that it did not mention state land. Mr. D’Acunto responded that he decided not to ride on state land, saying that it was not worth tearing up the horses’ feet. Mrs. Bostrom reminded him that he would only receive approval for what he applies for.
Someone brought up the letters that had gone to Mr. Bob Mallory, Highway Superintendent, and Mr. Don Muth, President of the East Jewett Fire Department. Mr. Mallory had responded by letter. Mrs. Bostrom shared Mr. Mallory’s comments with the board. Mr. D’Acunto requested a copy and Ms. Laubmeier made him a copy for his files. Mr. Muth was waiting to reply until after the fire department meeting of next week wherein he will seek feedback from the membership.
Mr. D’Acunto requested to be placed on next month’s agenda and left.
Mrs. Bostrom had further information on the state land boundary. She had called the Boy Scout Executive and had an original survey of the land from the area in question. Mr. D’Acunto does not own anything adjoining state land, so he cannot access state land without going on someone else’s property. Mrs. Kutcher had raised a question earlier about Hyer Road on the map Mr. D’Acunto had provided, because she had prior knowledge of how he used to ride over there and ride across the old Washburn place to the old ski slope. She wondered, if Mr. D’Acunto is approved by the Planning Board, what would happen should he violate the scope of his operation? Mrs. Muth replied that somebody would have to bring a complaint to the ZEO or to the police. Mrs. Bostrom noted that all the deeds of properties in the area of Mr. D’Acunto’s land contain language which prohibited business ventures, but that Mr. D’Acunto had it removed from his deed when he bought the property. The question still remains about the manure pile removal and fire department accessibility. Mrs. Kutcher had spoken to Bruce Feml, the animal control officer, and he said that he would like to visit the property in mud season.
Agenda Item 7: Report from Greene County Planning Board Representative Gene Beers
Mr. Beers said that Coxsackie had submitted its comprehensive plan and was changing its zoning law. Mrs. Bostrom commented that the Greene County Historical Society was very concerned about its impact on its museum buildings. Mrs. Muth asked whether Cabellas was going to be moving into the area, and Mr. Beers replied he was not certain about that. However, they are putting a little strip mall near the new bank and they are going to put in a YMCA. Meetings were held with New Baltimore about a roundabout, which idea nobody cares for.
There will be training held toward the end of April at the college.
Agenda Item 8: Report from Town Board liaison J.R. Quackenbush.
Mr. Quackenbush had to attend a conflicting meeting tonight.
Agenda Item 9: Other Business
Mrs. Nicholls mentioned she had noticed that Mr. Sandler had started his driveway.
Mrs. Bostrom mentioned that the Town Board will interview the candidate Mr. Rosedale had proposed for the Planning Board this week, and that another candidate, put forth by Mr. Tom Hitchcock will also be interviewed.
Ms. Laubmeier reported the new computer had come in. It needs to be set up with Microsoft Office and linked to the town network. She had been in touch with Mr. Mike McCrary regarding that.
At 9:34pm the meeting adjourned. Mr. Beers made the motion to close the meeting; Mrs. Kutcher seconded the motion, which passed unanimously.
Respectfully Submitted,
Susan Laubmeier, Clerk
_____________________________
Jane Bostrom, Chair
Zoning Board
March 5, 2008
Roll Call : Chair: Russ Coloton
Members: Margaret Flaherty, Ann Dwyer, Kathleen Williams
Absent: Tod Mallory
The meeting opened at 7:05 pm.
Agenda Item 2: Approval of Minutes of January 2, 2008.
Mr. Coloton made the motion to table the minutes until later. Mrs. Flaherty seconded the motion. The vote was unanimous and the motion carried.
Mr. Coloton welcomed Mr. McCrary, the new Town Board liaison to the ZBA.
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. Present: Skip Dippoilet
Plans and specifications for the proposed house have been submitted to the Building Inspector but they do not reflect the garage under the house and they show a 14-foot wide deck. Mr. Dippoilet stated the plans do not show the garage because he will not know which side of the proposed house it will be on until he removes the old house. This would also apply to the size of the deck, depending on where he can site the new house. He stated that he would be no closer than 38 feet from the side lot line and that if he can locate the house so that the deck can be wider than the 10-feet the Board was considering he would like to do so. Once the present house is removed, he will be able to specify the location of the proposed house and garage and provide the Building Inspector with revised plans and specifications. Therefore, Mr. Reilly is requesting an area variance of 12 feet on the side lot line.
After examination of the application and documentation, members reviewed the considerations for an area variance and determined that: [1] there would not be an undesirable change to the character of the neighborhood, mentioning that it would be a vast improvement; [2] since the lot is a non-conforming sized lot, there is no other feasible method to achieve the benefit sought; [3] the 12-foot variance on the side lot line is not substantial; [4]it will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood; [5] the difficulty was not self-created since the property is a pre-existing non-conforming lot; and [6] there will be no increase in density or government services caused by the variance. After the review, Mr. Coloton made the motion to approve an area variance no larger than 12-feet or no closer than 38-feet to the side lot line. Mrs. Flaherty seconded the motion. ROLL CALL VOTE: MR. COLOTON – AYE; MRS. WILLIAMS – AYE; MRS. FLAHERTY – AYE; MRS. DWYER – AYE; MR. MALLORY – ABSENT. The vote was four ayes and one absent and the motion carried.
Members agreed that Mrs. Dwyer will discuss the variance approval with both the Building Inspector and the Zoning Enforcement Officer to verify that the revised plans and specifications are received prior to issuing a building permit. Mr. Dippoilet was informed that he would need a Demolition Permit from the Building Inspector. He stated that he has to discuss the plans with Mr. Reilly and would not be contacting the Building Inspector until at least April.
Agenda Item 2: Approval of Minutes of January 2, 2008.
Mrs. Flaherty made the motion to approve the minutes. Mrs. Williams seconded the motion. Mrs. Flaherty, Mrs. Williams and Mrs. Dwyer voted aye. Mr. Coloton abstained. The vote was three ayes and the motion carried.
Agenda Item 4: Administrative Review of Zoning Board of Appeals Variance Decisions.
Members discussed clarification of the variance list, such as sorting by precedents, non-conforming properties, and topography. Members agreed to further study the criteria to be used.
Agenda Item 6: Other Business.
Mr. Coloton stated he had not yet sent the letter to Mr. Mallory about serving on the ZBA. Mrs. Dwyer offered to send the letter and Mr. Coloton agreed.
Mr. Flaherty, Town Supervisor, stated the Town is procuring a laptop computer for ZBA use.
Agenda Item 5: Training.
Mrs. Dwyer informed the members of the available March training session.
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 7:43 pm.
Respectfully submitted,
Ann Dwyer,
Secretary
__________________________________
Accepted
|
