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Town Board

April 11,2007

A regular meeting of the Jewett Town Board was held on April 11, 2007. Supervisor Michael Flaherty called the meeting to order at 7 P.M. Present were Board members Thomas Hitchcock, Charles Kutcher and Elaine Warfield. Absent was Board member Harry T. Wilson

Also present were Attorney for the Town Tal G. Rappleyea, Building Inspector Thomas Cross, Zoning Officer William Dwyer, town residents Werner Pscherer and Michael McCrary, Town Historian Janet Nicholls, newspaper reporter Mike Ryan and the town clerk.

Minutes of the March 7, 2007 regular meeting were accepted on a motion by Councilman Hitchcock, 2 nd by Councilman Kutcher and carried.

Minutes of the March 9, 2007 special meeting were accepted on a motion by Councilman Kutcher, 2 nd by Councilwoman Warfield and carried.

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

The building inspector's written report was given to the Board. He reported that the month of March was “quiet but historically not unfounded.” He is in the process of compiling data on unsafe buildings and hopes to have more information for next month's meeting.

Supervisor Flaherty made a motion to accept the building inspector's report, 2 nd by Councilman Hitchcock and carried.

Councilman Hitchcock made a motion to accept the zoning officer's report, 2 nd by Councilman Kutcher and carried.

Town Historian Janet Nicholls informed the Board that she is indexing the cemeteries in the town. Her aim for this year is to take pictures of all former Supervisors. She brought pictures of all the different town boards and will work with Councilwoman Warfield to get them on the web site. There will be a blurb on the web site and in the next newsletter asking citizens if they have any historical documents and/or pictures they would be willing to have the historian look at and document.

The Supervisor told the Board that Health Officer Terri Martin-Church has given up her office but is working out of her home and would like to remain the town's health officer. The Board was in agreement with Ms. Church remaining the town's health officer.

Attorney Rappleyea said the town has to have a secondary impact report on adult uses.

The report would come up with recommendations based upon the town's demographics, geography, location, etc. and how to best handle regulations of places and facilities.

Attorney Rappleyea is recommending a combination of the two typical ways a town has done this in the past. One is to select a specific site or in larger towns it's put in an industrial zone.

Another mountain top town recently working on this item specified that “it can happen anywhere in town but it can't happen within 1500 feet of a school, park, church, cemetery or town buildings, etc.”

Attorney Rappleyea suggested looking at the conservation zones in town.

Councilman Kutcher will contact Nan Stolzenburg. Her company is presently working on updating the master plan for the town. She may be able to do a map identifying setbacks of 1000', 1500', 2000' and 2500' in the conservation zones.

This item was tabled.

Councilman Kutcher gave the Board a rough draft on a law for outdoor furnaces. Attorney Rappleyea will work on the draft law for next month's meeting.

Board members Kutcher and Warfield were placed on a committee to sit down with the Jewett and East Jewett Fire Departments to discuss issues pertinent to both entities.

On a motion by Supervisor Flaherty, 2 nd by Councilman Kutcher and carried the Board adopted Resolution #6. This resolution makes an updated tier change in the state retirement system for the Town.

ROLL CALL: Aye Flaherty, Kutcher and Hitchcock.

Abstained Warfield.

Absent Wilson.

On a motion by Supervisor Flaherty, 2 nd by Councilman Kutcher and carried the Board adopted Resolution #7. The prior resolution #21 of 2004 put funds aside for the Town Clerk/Tax Collector's computer system. This resolution will change the account name to “Equipment Fund” to accommodate other departments within the town needing updated equipment.

ROLL CALL: Aye Flaherty, Kutcher, Hitchcock and Warfield.

Absent Wilson

A Public Hearing is scheduled on the change in name to “Equipment Fund” for the May 12, 2007 meeting at 10 A.M.

Supervisor Flaherty said the closing has been completed for the surplus land on Little Timber Road. There is however a second piece of land that is 50' by 200'. This parcel was suppose to go to Mr. Andrushkiw when the road was completed.

Supervisor Flaherty made a motion, 2 nd by Councilman Hitchcock and carried declaring the 50' by 200' piece of land abandoned.

Supervisor Flaherty made a motion, 2 nd by Councilman Hitchcock and carried allowing Attorney Rappleyea to prepare and execute a quick claim deed to Mr. Andrushkiw.

Attorney Rappleyea presented the Board with a draft law amending the current sign law. The Board will review and discuss the amendments at the May meeting.

The zoning officer has made attempts to contact three property owners who have more than the allowed number of unregistered cars. He has gotten no response to date.

Attorney Rappleyea said, “The law says you have to serve notice in hand or by certified letter. If there is no response then this action satisfies the law” and the Town can hold a public hearing to remove the unregistered vehicles.

The zoning officer will send out letters once more to these owners.

A public hearing is scheduled for May 12, 2007 at 10 A.M.

Councilman Hitchcock made a motion, 2 nd by Councilman Kutcher and carried to accept the March financial report.

Councilwoman Warfield and Councilman Wilson spoke with web master Peter Peters to discuss website listings.

Secretary Donna Lukas can work an additional 4-5 hours on a Tuesday or Friday on those listings.

Supervisor Flaherty told the Board the committee approved the LTAP grant of $44,660 for a ground water study.

The finance committee of Councilmen Kutcher and Hitchcock audited the bills prior to the meeting.

Councilman Hitchcock made a motion recommending the Board approve the audit. Councilman Kutcher 2 nd the motion and all Board members voted Aye.

The general fund was $25,481.45 on abstract #4, claim numbers 67 to 101. The highway fund was $19,319.80 on abstract #4, claim numbers 43 to 67.

Supervisor Flaherty made a motion to go into executive session at 9:20 P.M., 2 nd by Councilman Kutcher and carried. Attorney Rappleyea updated the Board on pending litigation.

Councilman Kutcher made a motion, 2 nd by Councilwoman Warfield to come out of executive session at 9:35 P.M.

Councilman Kutcher spoke with Brenda Parks from Time Warner asking them to help with postage to send a survey to everyone in Town. Ms. Parks said it wasn't ruled out but she needs approval and will get back to the Councilman when she returns from vacation.

Correspondence was received from the Greene County Board of Elections. They did inspect the site and stated “that while the current site in the judge's chamber is adequate, the space in the open area of the town hall would be better suited for voting.”

The planning board and zoning board of appeals have to attend a mandatory 4-hour training course, two 2-hour sessions.

Supervisor Flaherty made a motion, 2 nd by Councilman Kutcher and carried giving approval for board members to be paid as if they were attending a regular monthly meeting. This amount is $50 per meeting.

There being no further business the meeting was adjourned at 9:45 P.M. on a motion by Supervisor Flaherty, 2 nd by Councilman Hitchcock and carried.

 

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Patricia Merwin Town Clerk

 

 

Planning Board

April 5. 2007

TOWN OF JEWETT
PLANNING BOARD
MINUTES
APRIL 5, 2007

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

Roll Call: Chair: Jane Bostrom
Members: Gene Beers, Joan Kutcher, Carol Muth, Janet Nicholls, and J.R. Quackenbush present. Paul Rosedale absent.

Agenda Item 2: Approval of Minutes of February 1, 2007.

Mrs. Nicholls made the motion to approve the minutes of January 4, 2007. Mrs. Kutcher seconded the motion. The vote was unanimous; the motion carried.

Agenda Item 3: Application for Sign Permit for Lilla Godlewski of 765 Maplecrest Road (Co. Route 40) and 187 Hauser Road, Jewett, NY; Tax Map #113.00-4-4; District: Rural Residential.

Mrs. Godlewski mailed in the photo of her 23” x 17” sign that we had been waiting to approve. Mrs. Laubmeier gave a copy of the approval to the ZEO so he can issue her sign permit.

Agenda 4: Public Hearing for the Application for Minor Subdivision for Floyd Dart of 878 Route 13, Jewett, NY; Tax Map 128.00-5-14.1; District Rural Residential. To subdivide 15.501 acres from 42.99 acres.

Mrs. Kutcher made the motion to open the Public Hearing; Mr. Quackenbush seconded the motion. The motion carried unanimously.

Mrs. Bostrom passed out the large maps provided by Mr. Dart’s representative at the last meeting. The house is to be built on the 15.5 acre parcel of the lot. The map copy is final, but Mrs. Bostrom pointed out we need a Mylar copy. This was an oversight of Mr. Dart’s and he will have one made. The Planning Board received proof of the mailings for the Public Hearing and the receipts of registration. The question of the need for the Agricultural Data Sheet arose, but Mr. Ed Diamonte had stated to Mrs. Laubmeier and Mrs. Bostrom that this was not necessary. Mrs. Laubmeier collected $200 from Mr. Dart for the Minor Subdivision Application and gave him a receipt.

Mrs. Kutcher made the motion to close the Public Hearing. Mr. Quackenbush seconded the motion, and it was put to a Roll Call vote.
Roll Call Vote: Jane Bostrom – aye; Gene Beers – aye; Joan Kutcher – aye; Carol Muth – aye; Janet Nicholls- aye; and J.R. Quackenbush - aye. Paul Rosedale absent.

Agenda 5: Thomas A. & Earnest J. Tolve: Kramer Road and 23C request for Sketch Plan Review by Larry Vanucchi. Mr. Tolve wants to divide 7.7 acres into three lots: Tax Map No. 130.00.01.12: Rural Residential.

Joe Vanucchi represented Mr. Tolve for the Sketch Plan Review. The Planning Board passed out the large maps received earlier. The property is on 23C going toward Cramer Road from the Jewett Municipal Building. There are logs piled on the side of the property. Joe Vanucchi said they are doing some logging. The property is very steep going in, but levels off on top. The layout of the property is long and narrow. Mrs. Bostrom noted that a flag lot would be created and the acreage would only permit two lots on the road. The Planning Board will need a road maintenance agreement by all parties to agree to maintain the road. The road will need to be built to town specs regarding width, but does not need to be paved for only two homes. She suggested that Joe Vanucchi check this out with the highway superintendent regarding the grade for the specs. It will probably be a 10-12% grade. This is necessary for fire and ambulance service. The Planning Board advised Mr. Tolve to rethink his project before it can grant approval for his project.

Agenda 6: Roger Mulley, 3563 Rte. 23C, Hunter, NY 12442: Sign Permit Application for corner sign; Tax Map No. 130.00-4-45.

The Planning Board received the application, and the sketches of the intended sign and area to set up the sign. Mr. Mulley has a storage rental unit with seven bays. The building is three-sided and the total size of the area is about four acres. The sign, to be made of painted plywood, is to be mounted on 6x6 posts. The Planning Board pointed out to Mr. Mulley that the design of the sign must fit within the law. For example signs posted within the Catskill Park need to be brown and green. Mr. Mulley’s will be black letters on a neutral background. The placement of the sign will be located on the junction of 296, 23C, and Beeches Corners Road where a previous sign of Mr. Mulley’s had sat. This was at least sixty feet from the center of the road. The height of the sign will allow for visibility from the road; the law states it cannot exceed ten feet in height. Mrs. Nicholls suggested that the Planning Board needs to consider this as a real estate sign since Mr. Mulley is in the rental business. Mrs. Bostrom, however, interpreted this as a business sign. As such, its intended size of twenty-four square feet is too large. The law permits freestanding and side of building signs sized within four square feet. The Planning Board discussed this under the written definition of the current sign law; a Roll Call vote was taken. Mrs. Kutcher motioned to accept it as a real estate sign; Mr. Quackenbush seconded the motion.

Roll Call Vote: Jane Bostrom – abstained; Gene Beers – aye; Joan Kutcher – aye; Carol Muth – aye; Janet Nicholls- aye; and J.R. Quackenbush - aye. Paul Rosedale absent.

The vote passed with five ayes and one abstaining. Mrs. Bostrom made clear her wish that the Jewett Town Board complete their revision of the sign law. Ms. Laubmeier prepared a Notice of Action that the Planning Board had approved Mr. Mulley’s application for a sign permit.

Agenda 7: Report from County Planning Board Representative Gene Beers

Mr. Beers reported discussion of Thomas Cole’s place; a used car lot; of a place in Windham that is expanding to enclose an area to walk from a restaurant to a theater; and of someone putting a new doublewide in a commercial site in New Baltimore. This last was disapproved.

From the floor, John Giordano had been waiting to make an application for a Sketch Plan Review for a new subdivision. Mrs. Bostrom pointed out that the Planning Board requires applications ten days before the meeting. Mr. Giordano showed the Planning Board an aerial map taken of the Harrison Soule Farm in North Lexington off 23C. The property has a conservation easement. There are about ninety acres, taking 12.6 acres off the ninety full acres. This conservation easement would move over to his ownership, Mr. Giordano said. Ms. Laubmeier gave him the application for the Sketch Plan Review, the application for a minor subdivision, and a SEQR form.

Agenda 8: Other Business: Michelle Yost

Michelle Yost of the Watershed Assistance Program came in to talk to the Planning Board. Overhearing Mr. Giordano, she advised him that conservation easements need to look at town law regarding access for septic plans to make sure town laws meet property owner’s needs. There needs to be one hundred feet distance between the water well and the septic system. Mrs. Muth said when she talked to the DEP, they said it was fifty feet from the well to the tank. Mr. Giordano thought maybe the difference was from the well to the absorption field.

Ms. Yost passed out handouts summarizing three projects in the works for the Schoharie Water Basin, the East Kill, and the Mountaintop Communities. Her role is to identify what we need as to water quality and to facilitate communication between project groups. For example we have timber-harvesting program in Jewett administered by the Town Code Officer; development on steep slopes creates an erosion factor. Mrs. Kutcher said that the Jewett Town Board is updating a master plan and they are considering restricting development for certain slopes. The question of educating property owners as to proper practice arose.

Mrs. Bostrom asked Ms. Yost what her group’s relationship to the DEP was. Ms. Yost said there are no direct ties; her position is that of a mediator working with municipalities and property owners to interpret rules, capture funding, and in providing communication between the areas water basin projects in looking at the water quality situation. Again, for example, because the development of single-family homes does not require Planning Board approval, this creates a question of water runoff on properties. Mrs. Kutcher points out that many property owners do not take responsibility for their own property runoff; repair on one property can create problems for neighbors. These are issues usually left up to townships. For lasting change to take place, a dual effort of educating property owners and writing mandates into law is necessary. Ms. Yost said this is what the Turbidity Reduction Strategy is all about. Concerns are also roadsides and ditch erosion and wetlands.

Mrs. Bostrom inquired whether we would be getting new wetland maps. The state regulates wetlands on 12.4 acres and over. Ms. Yost said maps with DEP wetlands will be provided to all municipalities to reveal state and federally regulated wetlands. Mr. Beers said there is such a map on the Greene County Planning Board web site.

Ms. Yost inquired what services the Jewett Town Planning Board needs. Development of steep slopes, driveways, wetlands, whether areas are open or forest was among the answers. The flood plains are currently under review, but there may be a topographical discrepancy for the Windham and Batavia Kill sub-basins due to data originally used. This problem should be resolved within six months. The task is to identify usage problems according to the Global Climate Change Commission and undertake proactive steps to look at long-term activities. On June 16th is Schoharie Watershed Day and the Jewett Planning Board is invited with other area towns to visit some sites via rental buses to see firsthand stream restoration and drainage patterns. There will be Brooks Bar-B-Q at the Windham Mountain parking lot.

Mrs. Bostrom raised the topic of training events to be held on Monday, April 23 at Greene County Emergency Operations Training Center in Cairo and on Thursday, April 26 at Columbia-Greene Community College. The members of the Planning Board had received that information in their packets. Most will attend April 23, and some on April 26. It was discussed and recommended by the Planning Board that Mrs. Bostrom would talk to Mike Flaherty about reimbursement cost of gas and time; it was resolved to put in for both.

The Major Subdivision Moratorium extended until August 2007. Subject to this moratorium are an application for Sketch Plan Review for Lars Peters of Acorn Drive, Jewett, NY, Tax Map No. 112.00-3-81; District Rural Residential and an application for Sketch Plan Review for M.C. Windham LLC of Round Hill Road, Jewett, NY; Tax Map No. 113.00-3-23 and 113.00-1-22.11 (Windham); Districts: Rural Conservation and Conservation.

Business still pending is an application for Minor Subdivision for Linda and Charles Nicholls of 941 Scribner Hollow Road, East Jewett, NY; Tax Map 147.00-2-9; District Rural Conservation. Ms. Laubmeier has been in touch with the Nicholls and they are requesting an extension. She will send them the proper paperwork.

There being no other business, Mrs. Kutcher motioned to adjourn meeting; Mr. Quackenbush seconded. Six ayes carried the motion. The meeting closed at 9:30 pm.

Respectfully Submitted,

Susan Laubmeier, Clerk

 

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Jane Bostrom, Chair