A regular meeting of the Jewett Town Board was held on April 9, 2008.  Supervisor Michael Flaherty called the meeting to order at 7 P.M.  Present were Board members Thomas Hitchcock, Michael McCrary, J.R. Quackenbush and Elaine Warfield.  Also present were Attorney for the Town Tal G. Rappleyea, Town residents Peter and Marybeth O’Mahoney and David Kessler.  Justice Steven Canfield, Town Bookkeeper Donna Lukas, Highway Forman Shawn Jaeger, newspaper reporter Mike Ryan and the town clerk. 
     The Public Hearing on the Flood Prevention Law was opened.
     There were no comments from the public. 
     Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried to close the Public Hearing.
     Supervisor Flaherty made a motion, 2nd by Councilwoman Warfield and carried to adopt the Flood Prevention Law.
Roll Call Vote:  AYE Flaherty, Hitchcock, McCrary, Quackenbush and Warfield. 

     Councilman Quackenbush made a motion, 2nd by Councilman Hitchcock and carried accepting the minutes of the March 12, 2008 regular meeting.

     The Supervisor’s monthly report was given to the Board.  Bank statements were made available for review. 

     Town Bookkeeper Donna Lukas explained the new accounting system used to do the Supervisor’s monthly report.

     Written reports were received from the Building Inspector, Zoning Officer and the Assessor.
     The yearly report was received from the Jewett Fire Department. 
     Discussion on the Ground Water Study was tabled. 

     Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried to adopt Resolution #10.  This resolution amends Resolution #2 of 2008 by adding the following sentence: “All persons receiving family medical benefits will be responsible for 10% of the difference between the single premium and family premium”.
ROLL CALL VOTE:  AYE Flaherty, Hitchcock, McCrary, Quackenbush and Warfield. 

     Town Justice Canfield asked the Board to clarify the hours given the court clerk.  The Board was in agreement that the clerk will work the 6 hours per week.
     The East Jewett Fire Department will be celebrating its 50th anniversary this year.  The Fire Department is having a “birthday” party on July 6, 2008.

     Peter and Marybeth O’Mahoney addressed the Board concerning the ambulance service in the Town. They  said, “We were under the impression that the Town would provide some kind of assistance to those  Town residents that do not have insurance.  They were billed for an ambulance call.  When they as for assistance they were told there was none available”.
     Ms. O’Mahoney asked what was the written policy and criteria of the Town concerning payment for an ambulance call.   Mr. O’Mahoney said the Town contract with the Windham ambulance says “no resident of the Town of Jewett shall be billed directly for any portion of the services rendered other then insurance benefits”. 
     Supervisor Flaherty “Based on our contract with the Windham ambulance the Town has to pay them twice a year”. 
       Attorney Rappleyea said “when we implemented the contract the first time, about 4 or 5 years ago, we (the Town) adopted Windham’s policy.  My understanding is that if there is a Town of Jewett resident they get a soft bill”.
      “The problem is we can’t not bill.  That is something we have to do under our certificate of need. We have to bill for whatever is not covered. However we don’t chase.  It’s a blanket policy.  My recollection is if you live in the Town of Jewett we will pay that payment in full, whatever your coverage is.  We’re going to send you a bill because we have to under the needs requirement.  If you don’t pay it we don’t care”.
   “ The policy the Town Board did in 1998 was that we’re going to pay for anybody in the Town of Jewett above and beyond what you have in insurance.   We’ll send you a bill, but don’t pay it.  It sounds contradictory but it’s the only way we could go around that requirement.  The alternative would be to develop a new policy that says we’re going to send a bill to everybody and yes you do have to pay, but you can come in and make an application and show that you have merit or need that you don’t need to pay this and that would be fine.  But, that’s not what’s in place”. 
     Councilmen Hitchcock and Quackenbush were appointed as a committee to work on a new policy. 

     Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried accepting the resignation of Tod Mallory from the Zoning Board of Appeals effective March 12, 2008. 

     The opening on the Zoning Board of Appeals will be advertised subject to Councilman Quackenbush speaking with Zoning Board chairman Russ Coloton about an applicant that had been interviewed by the Town Board.

     Councilman Quackenbush made a motion, 2nd by Supervisor Flaherty and carried adopting Resolution #11.  This resolution concerns policy on renewal and extension of building permits. 
ROLL CALL VOTE:  Aye Flaherty, Hitchcock, McCrary, Quackenbush and Warfield. 

     Supervisor Flaherty made a motion, 2nd by Councilman McCrary and carried adopting Resolution #12.
This resolution supports the Town of Hunter to serve as the lead agency for the SEQRA review required for adoption of the Schoharie Creek Stream Management Plan. 
ROLL CALL VOTE:  Aye Flaherty, Hitchcock, McCrary, Quackenbush and Warfield.
                                                                               

Councilman Hitchcock made a motion, 2nd by Councilman McCrary and carried approving the February financial statement. 

     The finance committee of Councilmen Hitchcock and McCrary audited the bills prior to the meeting.
     Councilman Hitchcock made a motion recommending the Board approve the audit.  Councilman McCrary 2nd the motion and all Board members voted Aye. 
     The general fund was $12,017.78 on abstract #4, claim numbers 80 to 100.  The highway fund was $18,307.77 on abstract #4, claim numbers 49 to 74. 

      A letter was received from State Senator James Seward notifying the Town that a “legislative initiative in the amount of $20,000 was included in the 2008-2009 state budget at my request for the remodeling of the senior citizen kitchen and dining room”.   

     The Board received two information packages for DEP Land Acquisition Projects within the Town.  There is a 120 comment period.  This item was tabled for future discussion. 

     Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried adjourning the meeting at 8:40 P.M.

                                                                                 ___________________________________
                                                                                    Patricia Merwin, Town Clerk RMC

 Planning Board

APRIL 3, 2008

Agenda Item 1: Meeting called to order at 7:30 pm

Roll Call:         Chair: Jane Bostrom
Members: Gene Beers, Steve Jacobs, Joan Kutcher, Carol Muth, Janet Nicholls, and Paul Rosedale

Agenda Item 2: Approval of Minutes of March 6, 2008.

Minor corrections were made on page 5 and page 6. Mrs. Kutcher made a motion to pass the minutes as corrected. The motion was seconded by Mr. Beers, which passed unanimously.

Mrs. Bostrom called for Agenda Item 3: Brittny Estates, but Mr. Elsom offered to let Mr. D'Acunto go first as he had more to cover with two cases.

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 said he had nothing to add beyond where the Planning Board had progressed last month, reminding the Planning Board that Mr. Rappleyea had something regarding the driveway to check up on with his lawyer, Jonathan Cohen. Mrs. Bostrom told Mr. Rappleyea that last month Mr. D'Acunto gave the Planning Board a map of the trails he intends to ride and they are exclusively on his own property. She pointed out that the Planning Board needed to fill out a SEQR for a Special Use Permit. Mr. Rappleyea agreed, and explained the reasoning to Mr. D'Acunto. Mr. D'Acunto said that the state has been out to visit his farm on small farming issues and that he is registered with the State Department of Agriculture, and with the USDA. Mrs. Bostrom located a SEQR application in Mr. D'Acunto's file supplied earlier by Mr. Cohen. The SEQR can be done in conjunction with a site visit. Mrs. Bostrom inquired of the Planning Board members who would be available to visit Mr. D'Acunto's property. Some members were already familiar with it, so Mrs. Kutcher, Mr. Rosedale, and Mr. Jacobs are to agree upon when they can meet and go. Joe's phone number for the arrangements is (518) 589-9159.       
Mrs. Bostrom reviewed the work done on this application so far and made a list of unresolved issues.
1.) The size of the parcels which are undersized for the zone and grandfathered.
2.) Which of Mr. D'Acunto's parcels are included in the application?
3.) The DEP has not yet been contacted regarding the SEQR process concerning the stream and the manure.
4.) The question of deeds - business restrictions on deeds created for the subdivision that Mr. D'Acunto bought into were grounds for previous dismissals of his earlier applications for Special Use Permits.
5.) The need for 1/2 acre per horse.
6.) The Planning Board is waiting for a reply from the East Jewett Fire Department - Mrs. Muth thought that would be dealt with one week from Monday.
7.) Harmony with adjacent properties is required for the Special Use Permit: this may mean issues of parking, loading, noise, air quality, et cetera.
8.) Landscaping for screening.
9.) A review of road and driveway work needed.
10.) Approval of trail map.
11.) Review and correction of Mr. Cohen's presentations.

Mrs. Kutcher asked if the Planning Board could discuss the size of the parcels, stating the right of way cannot be considered part of the acreage in determining whether he has enough land for his horses. Mr. D'Acunto said the Higgins survey brought the acreage of one of his parcels up to 1.34 acres and that his site plan came from the Higgins survey. The Planning Board reviewed Mr. D'Acunto's maps for accuracy; one parcel amounts to .9 acres and another is 1.7 acres.  He also said a road was put in for Scott Hammond to access a rear property, and told the Planning Board that he is talking to his lawyer about getting adverse possession because no one has used that property or that road in years. Mr. Rappleyea answered him that unless a deed from the old owner is given to Mr. D'Acunto or unless an order is given from the judge, the property is not his. Mr. D'Acunto claims it is his under order of a quit claim deed. Mrs. Muth asked Mr. D'Acunto if he is paying taxes on this property. He is not. Looking at the map, Mr. Rappleyea said the former owners were named Chapman, and they own up to the boundary although Mr. D'Acunto has right to use it. Mr. Rappleyea commented that Mr. D'Acunto's position is a hard one to prove successfully in court.
Mr. D'Acunto thought that the Planning Board should round up his 2.6 acreage to 3.0 in its interpretation of his application. Mr. Rappleyea asked Mr. D'Acunto how many horses he is keeping, and he replied that he has six, but commented he should downsize as he has no business right now, and that no other riding stable does either. Mr. Rosedale asked whether the Planning Board should limit the Special Use Permit to five horses based on the acreage, and Mr. Rappleyea answered the need to interpret this as Mr. D'Acunto owns the additional 1.34 acres.
Mrs. Bostrom mentioned the stream and manure concerns regarding the DEP and the SEQR process. Mr. D'Acunto said the DEP had been out to his property two years ago. Mrs. Bostrom asked the name of the DEP representative who had come out, but Mr. D'Acunto could not remember. He thought it concerned a project that came from the Oneonta office, and that raised the discussion whether it was the DEP or DEC who had come out, "Because " Mr. Rappleyea said, "if it was the DEP, the project probably originated out of Margaretville." He suggested the Planning Board declare itself Lead Agency. Mrs. Muth made the motion to do so, and it was seconded by Mrs. Kutcher. The vote was unanimous. Mr. Rappleyea said he would send copies of the short form SEQR, the application for Special Use Permit, and the color-coded riding map to Marilyn Shanahan. He will need to create a narrative for the DEP's understanding since this is for a Special Use Permit, and not the regular subdivision approval procedure. Mrs. Bostrom asked whether he had a copy of the manure management plan, and he said he does: it is exhibit E in the application from Mr. D'Acunto's attorney.
Mrs. Muth said before the Planning Board can progress further on this case it needs the letter from the East Jewett Fire Department.
Mr. Rosedale asked whether there was a question of what trails go onto state land. Mr. D'Acunto had said last month that he did not plan to ride on state land, but brought up again the question of the lane he perceives to lay between the Warfield property and the Boy Scout land. Mrs. Bostrom commented that Mr. D'Acunto's land does not lie adjacent to state land, and that from her conversation with the Boy Scout camp executives, they will not give him permission to ride on their land. Mr. D'Acunto felt differently, commenting that they have done business with him in the past and would like to again once he resolves his issues with the Planning Board. Mrs. Kutcher reminded him that as far as the state land goes, it is not included on his application to the Planning Board.
Mrs. Muth commented that until the Planning Board establishes other issues, going further is pointless. Mrs. Kutcher asked what information is still needed regarding the deeds. Mr. Rappleyea answered that he would take a look at that for next month. Mrs. Bostrom summarized the list of unresolved issues for Mr. D'Acunto, who asked if his property was grandfathered, why he had to deal with the issues of 1/2 acre per horse. Mr. Rappleyea answered that it is because he has been in continual violation of the Town Law, running his stable illegally.
Mr. Rappleyea commented that the paper from Mr. D'Acunto's lawyer was incorrect on page 6 in reference to access to state land.
Mrs. Bostrom said the Planning Board should review all the old cases involving Mr.D'Acunto before its next meeting. Mr. Rappleyea said that in all of his previous cases Mr. D'Acunto got frustrated and left before the completion of the process; his last filed application occurred in 2001. Mr. D'Acunto completed his list of things to provide the Planning Board, asked to be placed on the agenda for next month, and left.

Agenda Item 3: Brittny Estates Application for Major Subdivision 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.

Mrs. Bostrom asked Mr. Elsom whether in the future he could bring ten copies of the packets he so carefully prepares for the Planning Board to review. Ms. Laubmeier asked whether he could provide computer files of the maps and other important information, so she could try to put it into a Power Point visualization format. Mr. Elsom said that he could do those things. Mrs. Bostrom found that an important graph documenting the road structure was missing from the file, so Mr. Rosedale gave his copy to the master file. She and Ms. Laubmeier discussed an idea to get an accordian pocket folder for the Major Subdivision files. Other documents were located out of chronological order in the file.
            Mrs. Bostrom told Mr. Elsom that the Planning Board needs a preliminary plat, and he said that Kaaterskill Engineering will do the surveying for the Brittny Estates project. She asked him if he would fax Marilyn Shanihan of the DEP Coordination group copies of the EAF, the Major Subdivision Application, and map, but Mr. Rappleyea stated the DEP already had those items, because he had provided them. Mr. Elsom had received a copy of their February 5, 2008 letter, and said he had attached a copy to the information he had given the Planning Board. Mrs. Bostrom asked Mr. Rappleyea to provide a copy of the letter he had sent Ms. Shanihan for the master file. He photocopied this and put it in the file. The other parties who received this information are listed as cc'd at the bottom of the cover letter.
            Mrs. Muth inquired where the project stands with the Town of Windham. Mr. Elsom thought they had sent the Planning Board a letter. Mr. Rappleyea said that Windham has no interest in being Lead Agency. Mr. Elsom had talked to Windham, and that while he has nothing in writing yet, he had verbal feedback that they are concerned about the same issues of visibility as the Jewett Planning Board. He has not submitted the subdivision application to them yet as he has "two more hoops to jump through yet." He wishes to finish the SEQR process first, and then meet DEP concerns, and referred to the letter of March 6 he submitted to the Planning Board. Mr. Rappleyea asked whether he had a copy of the DEP letter; they do not wish Lead Agency, but did have a couple of comments. He gave a copy to Mr. Elsom, who replied that he had addressed the Army Corps of Engineers already, but needs to do coverage under DEP storm water law. This process is underway and he says he can address the SPPDs comment.
            Mrs. Muth reminded Mr. Elsom the Planning Board had discussed a dry hydrant that is not in the current plan. Mrs. Bostrom commented that it should all be on the final plat as should the pools and ponds.
            Mr. Elsom had a phone conversation with the Highway Supervisor. Mrs. Bostrom asked Mr. Rappleyea whether the Planning Board needs to hire a licensed engineer to review highway and storm water issues before it addresses the SEQR. The engineer and the Planning Board both need a plat of the entire project. This is a difficult piece of land, with a grade of 500' (five-hundred feet) from bottom to top, and the problem areas need to be addressed. Mr. Elsom expressed his wish for the Planning Board's haste getting an engineer. Mr. Rappleyea recommended hiring Mr. Doug Vandeusen and the Planning Board concurred. This choice is respected also by Mr. Elsom, who has previously worked on projects with Mr. Vandeusen. Mr. Rappleyea asked Mr. Elsom to send a packet of everything to Mr. Vandeusen. Both Mr. Elsom and Mr. Rappleyea intend to speak to Mr. Vandeusen tomorrow.
            Mr. Jacobs raised concerns with Mr. Elsom regarding the turning ratio of the road entering the proposed subdivision, and the bend by Lot 9. The slope raises concerns regarding a loaded fire truck. He also suggested seeking comments from the Hensonville Fire Department, and Mrs. Muth agreed, stating that is East Jewett Fire Department's automatic backup. Mr. Elsom agreed, and commented that the road will be 20' (twenty-feet) wide as per town regulations.
            Mrs. Bostrom reviewed town subdivision regulations requiring that a certain amount of land must be dedicated to recreation or open space or three percent (3%) of the assessed value of the land at the time of the application be put into a town fund for that purpose. Mr. Elsom said there is significant acreage to devote an area of land to recreation.
            Mrs. Muth said there are two issues concerning this: the parcels not located in Jewett, and the question of insurance that arose when the Town of Jewett had earlier discussed the possibility of putting in a park. Mr. Rappleyea said the town would rather have the land. Mr. Elsom said the decision did not need to be made immediately; he has an agenda to keep eighty percent (80%) of the land undisturbed for its visual aspects.
            Mrs. Muth commented that no homeowner's maintenance agreement exists yet.
Mrs. Bostrom asked about the storm water facility. Joe Damrath and James Watkins from the DEP have walked the site with Mr. Elsom, and he plans to meet with the DEP soon. Mrs. Bostrom asked him to share their comments with the Planning Board when he receives them as they will be helpful in completing the SEQR. Mr. Elsom said we have the comments in the letter received from Marilyn Shanihan. Mr. Elsom mentioned three culverts on Round Hill Road, but Mrs. Bostrom asked, "Where?" These things need to be illustrated on the plat. Mrs. Kutcher stated that the engineer will be looking into these issues, and then wondered about completing the SEQR without a response from the DEP or DEC. Mr. Rappleyea replied that the Planning Board will receive information from them and Mr. Vandeusen will explore any issues with Joe Damrath and James Watkins.
Mr. Elsom mentioned Article 78, saying the town could get sued if it fails to do the SEQR process correctly. He pressed for a reasonable time frame for his application (which Is not yet complete). Mr. Rosedale asked Mr. Rappleyea if he recommends the Planning Board wait until the engineer is involved. Mr. Rappleyea replied, "Yes." Mr. Elsom said he also needs time to talk to his people about the recreation regulations. Mr. Rappleyea looked up the assessed value of the property and found it to be $158,500, and that three percent (3%) of that amounts to $4,755.
Ms. Laubmeier asked Mr. Elsom whether he had brought the application fees for Brittny Estates and Lars Peters' project which had been discussed at the end of last month's meeting and discussed between herself and Ms. Peterson during the month. He answered that he did not feel like dealing with money issues today.
Mrs. Bostrom questioned Mr. Rappleyea as to the handling of Special Use Permits where required so as to ensure that they are approved by the Planning Board at the time of building. If a note is put on the Final Plat, will it be enforceable? Then Mr. Rappleyea said this will be taken care of by the property owners when they get the title insurance, so the customer cannot purchase the property until they get the Special Use Permit from the Planning Board. Mrs. Muth wondered how they could get the SUP without owning the land, and Mr. Rappleyea answered this is something they can do under contract. When the Planning Board works with the EAF it needs to address the cumulative effects of the SUP issues that may arise. The Planning Board can make reasonable predictions based upon the information it has of the type of buildings that will go in. Mr. Elsom commented he designed for far larger buildings than he actually anticipates will be constructed, to meet all possible contingencies. Mrs. Muth commented that surveys will be needed to determine where buildings will have to go.

Agenda Item 4: Lars Peters of Acorn Drive, Jewett, NY; Application for Major Subdivision, Tax Map No. 112.00-3-81: Rural Residential District.

Mrs. Bostrom asked Mr. Elsom to send Brenda Drake and Marilyn Shanihan copies of the map of this subdivision for coordination of the SEQR process. Mr. Elsom said he will do this, and asked whether the notice of intent to be Lead Agency had been sent to them yet. Ms. Laubmeier affirmed this had been done. Mr. Elsom surmised that it has not been thirty days since the last meeting, and that by next month the Planning Board should have Lead Agency status and will have received comments from the DEP.
            Mrs. Bostrom reminded Mr. Elsom the Planning Board lacks the Application for Major Subdivision and the preliminary plat or survey with the names of abutting neighbors. Mr. Rappleyea asked if the Planning Board wanted to hire an engineer, perhaps Mr. Vandeusen, for this project too. Mr. Rosedale asked Mr. Rappleyea whether the Planning Board should hire an engineer for all major subdivisions, and he answered, "Yes."
            Mr. Elsom commented that he has a preliminary storm water report, but that he cannot get comments from the DEP until he has a negative declaration on the SEQR from the Planning Board.
            Mr. Elsom said that he had sent copies of the plans to the highway supervisor and to the fire department. Discussion arose between Mr. Jacobs and Mrs. Muth which fire department actually got the plans. Mr. Elsom was uncertain;  it was suggested he send plans to all involved fire departments.
            Mrs. Bostrom asked just where Brenda Drake is located, and Mr. Elsom answered that she and Marilyn Shanihan are located in Kingston at 21 Smith Avenue. Ms. Laubmeier did not remember this as the address given to her for mailing notice of Lead Agency for the coordination process.
            The Planning Board surmised nothing further could get accomplished tonight. Mr. Elsom requested placement on next month's agenda, and left.

Agenda Item 7: Report from Greene County Planning Board Representative Gene Beers

            Mr. Beers said that there was no meeting, but he mentioned upcoming training, and Ms. Laubmeier handed out the flyers she had forgotten to mail. Mrs. Bostrom explained to Mr. Jacobs the need for Planning Board members to net four hours of training during the year. Mr. Rosedale reminded all of the online training sessions, and Mr. Beers said they could be accessed by entering "NY Planning Federation" into the www.google.com search engine which will take a person to the correct link.

Agenda Item 8: Report from Town Board liaison J.R. Quackenbush.

            Mr. Quackenbush was not present tonight.

Agenda Item 9: Other Business

            The Planning Board had received a certified letter from the Town of Hunter of notification that it seeks Lead Agency status in the process of adoption of Schoharie Creek Storm Water Management Plan. Mr. Rappleyea will take it to the Town Board meeting as Mrs. Bostrom is not planning on attending. Mrs. Muth wondered whether the letter mentioned what they are planning to do, but Mr. Rappleyea said that it’s not well defined, although it affects Hunter, Tannersville, Jewett, and East Jewett. Mrs. Muth surmised that it may create a structure to be eligible for grants to help stabilize stream banks, etc. Mrs. Kutcher made the motion to let the Town of Hunter be Lead Agency, Mrs. Nichols seconded the motion, and it passed unanimously.

                                   
            At 10:00pm the meeting adjourned. Mrs. Nicholls made the motion to close the meeting; Mrs. Kutcher seconded the motion, which passed unanimously.

Respectfully Submitted,

Susan Laubmeier, Clerk

_____________________________
Jane Bostrom, Chair