|
Town Board Minutes |
Zoning Board Minutes |
| Town Board
April 13, 2005 A regular meeting of the Jewett Town Board was held on April 13, 2005 . Supervisor Michael Flaherty called the meeting to order at 7PM . Present were Board members Thomas Hitchcock, Charles Kutcher, Paul LaPierre and Harry T. Wilson. The Superintendent of Highways Robert Mallory, Building Inspector Thomas Cross, Assessor Georgette Krauss, Zoning Officer William Dwyer and Attorney for the Town Tal G. Rappleyea. Town residents Jane Bostrom, Carol & Don Muth, Attorney Greg Lubow, Matt Pryne, Robinson Schultz, Audrey & Skip Benjamin, Jeff & Cindy Loucks, Greg Bell, Tammy Vannuchi, Ethan Tarnow, Jeanne Fegiel, Gerry Loucks, Ann Dwyer, Marybeth O'Mahoney, newspaper reporter Mike Ryan and the town clerk. The Supervisor opened the public hearing on the "Noise Law." The committee that prepared the draft law was Councilman Kutcher, Councilman Wilson, Planning Board Chairwoman Jane Bostrom, residents MaryBeth O'Mahoney and Jeanne Soule. The Declaration of Policy as stated in the law reads "It is recognized that people have the right to and should be ensured an environment free from excessive noise and vibration that may jeopardize their health or welfare or degrade the quality of like or value of their real property. This local law is enacted to protect, preserve, and promote the health, well being and quality of life for the citizens of Jewett through reduction, control and prevention of unwanted and unnecessary noise."Residents voiced their concerns about mowing lawns, playing of music, construction work, target practicing, etc. Councilman Kutcher said, "Most of these concerns are addressed in the law under 'Exemptions'. If somebody is bothering their neighbor, the ideal is to work it out on their own." Committee member MaryBeth O'Mahoney said, "This law is really all about people being reasonable. It's not intended to say you can't make noise in Jewett." Attorney Rappleyea will reexamine the wording in the grandfather clause and review the section entitled "Penalties, Enforcement and Additional Remedies". The public hearing was closed. A motion was made by Wilson , 2nd by Hitchcock and carried to have another public hearing on the "Noise Law" on May 11, 2005 at 7PM prior to the regular Board meeting. A motion was made by Wilson , 2nd by Hitchcock and carried to put the draft "Noise Law" on the Town's web site. Superintendent of Highways Mallory addressed the Board. He met with FEMA and SEMO representatives and estimates about $150,000 worth of damage to Town roads from the heavy rains. The Town is waiting for the Governor to declare the County a disaster. Because of the situation the 5-year road plan is behind so the highway crew can concentrate on fixing the damaged roads. A motion was made by Hitchcock, 2nd by Kutcher and carried giving the Superintendent permission to purchase a new culvert pipe for Bobillen Road at a cost of approximately $11,000. The Superintendent explained that he had a representative from Northeast Petroleum Technologies look at the gas pumps. The representative gave an estimate. Councilman Kutcher suggested a State inspector verify the information before anything is decided. Supervisor Flaherty said that anyone who had damage from the rainstorm could obtain individual assistance forms from the Town Clerks office or the web site. A motion was made by LaPierre, 2nd by Hitchcock and carried accepting the minutes of the March 9, 2005 regular meeting. Councilman Kutcher, absent at the March meeting, abstained.Building Inspector Cross informed the Board that he has 16 or so active permits and 6 to 10 more coming in. The Building Inspector was asked to update the Board on unsafe buildings and cars for the May meeting. A motion was made by Flaherty, 2nd by Hitchcock and carried accepting the Building Inspectors monthly report. A motion was made by Kutcher, 2nd by LaPierre and carried accepting the Zoning Officers monthly report. Mr. Greg Bell addressed the Board. He said, "He came to find out if there were any concerns about 'Bellstock'. I've tried to keep things clean, have lowered the sound, stopped the bands earlier and tried to keep the crowds small." It was suggested that Mr. Bell seek out the people who have a complaint and speak with them, perhaps do a mailing to neighboring properties. A motion was made by Wilson , 2nd by Kutcher and carried accepting the Assessors draft letter concerning the annual reassessment.On a motion by Flaherty, 2nd by Kutcher and carried the Board approved Resolution # 6. This resolution is entitled "Association of Towns Tax Reform." ROLL CALL: Aye 5 Flaherty, Hitchcock, Kutcher, LaPierre and Wilson. Nay 0On a motion by Flaherty, 2nd by LaPierre and carried the Board approved Resolution #7. This resolution is to amend the budget from the Building Inspectors salary to Building Inspectors expenses. ROLL CALL: Aye 5 Flaherty, Hitchcock, Kutcher, LaPierre and Wilson. Nay 0 The discussion on Home Rule was tabled. Motor paving of private roads was discussed. At present any subdivision road must be up to Town specifications. Some Towns have a road maintenance agreement or a performance bond with the property owners. This item was tabled. A discussion on health insurance after retirement was tabled. Councilman Wilson made a motion, 2nd by Flaherty and carried to add to the building permit fee schedule 'everything over $100,001.00 will be charged ½ of 1%'.The finance committee of Councilmen Hitchcock and LaPierre audited the bills prior to the meeting. Councilman Hitchcock made a motion recommending the Board approve the audit. Councilman LaPierre seconded by motion and all Board members voted Aye. The general fund was $15,605.76 on abstract #4, claim numbers 67 to 95. The highway fund was $22,229.55 on abstract #4, claim numbers 41 to 61. Board members were asked to think about goals for the Town and discuss them at next months meeting. There being no further business the meeting was adjourned at 11:20 PM on a motion by Kutcher, 2nd by Flaherty and carried. ______________________________________ Patricia Merwin Town Clerk
April 7, 2005
The meeting was called to order at 7:37 PM. Agenda Item 2: Approval of Minutes of March 3, 2005. Agenda Item 3: Public Hearing on 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 The hearing was cancelled due to the Windham Journal’s non-publication of notice. Ms. Bisieglia submitted the required mailing receipts. Mrs. Bostrom inquired whether anyone was present for this hearing and stated it will be rescheduled for the May 5, 2005 meeting. No one from the public appeared. Ms. Bisieglia requested a time change to 7:45 pm. Members agreed. Mrs. Dwyer will notify the Windham Journal to publish the notice. Agenda Item 4: 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 Postponed to May 5, 2005 meeting. Mr. Rappleyea confirmed notices need not be re-sent. Agenda Item 5: 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 an oversized Sketch Plan, which included topographical information, all dimensions, and names of adjoining owners. He indicated the Preliminary Plat would be on the correct size. He stated there is small to medium woody vegetation on the property. He has already had a PERC test done on lot #2 in December 2004 and is proposing a raised system for it. DEP is in the process of reviewing and approving the system. He stated all lots would require raised (not in-ground) systems and inquired whether PERC tests could be waived on lots 1 and 3, since he will not be building on them and DEP approval would be required in the future in order to receive a building permit. After discussion, Mrs. Muth made the motion to waive the DEP Design Approval letters for lots 1 and 3, and require the Design Approval letter for lot 2, the lot he is building on. Mr. Rosedale seconded the motion. The vote was unanimous and the motion carried. Mrs. Kutcher made the motion to accept the Sketch Plan and declare the proposal as a Minor Subdivision. Mr. Rosedale seconded the motion. The vote was unanimous and the motion carried. Mrs. Dwyer provided the Application for Minor Subdivision and calculated the fee to be $500.00. Agenda Item 6: Application for Sketch Plan Review for Saverio & Constantina Accardi of Little Timber Road, Jewett, NY, Tax Map No. 146.00-4-26, District: Rural Conservation. To subdivide and transfer 5.084-acres to Robert and Rosaleen Maske of Little Timber Road, Jewett, NY, Tax Map No. 146.00-4-22, District: Rural Conservation. Agenda Item 7: Application for Sketch Plan Review for Robert and Rosaleen Maske of Little Timber Road, Jewett, NY. Tax Map No. 146.00-4-22, District: Rural Conservation. To subdivide and transfer 11.2508-acres to Saverio & Constantina Accardi of Little Timber Road, Jewett, NY, Tax Map No. 146.00-4-21, District: Rural Conservation. Mrs. Dwyer informed members Mr. Accardi telephoned in the afternoon to apologize and report the Sketch Plans are not ready for this meeting. He anticipates they will be ready for the May meeting. Agenda Item 8: Application for Sketch Plan Review for Jose and Lisa Marrero of 706 County Rt. 17, Jewett, NY, Tax Map No. 129.00-2-21.1, District: Rural Residential. No one appeared on this application. Members noted the incorrect application form was used. Mrs. Dwyer reported she has held the check in the file. Members agreed Mrs. Dwyer should send a letter to the applicant, attach the correct form and inform them of the next meeting. Agenda Item 9: 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 No one appeared on this application. Members agreed to place it on Pending List. Mr. Rappleyea agreed to research FAA regulations for private airports. Mr. Rappleyea provided copies of the SEQR Lead Agency/Coordinated Review letters for the files. He also informed members the Town Board Consent Agreement has been sent to Mr. Flaherty for signature. Mrs. Dwyer will request a signed copy from him. Mrs. Bostrom recommended proceeding with the SEQR review and noted this is the Long Form SEQR. After the review, 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. Mr. Rappleyea suggested the Board consider hiring an Engineer to review the Site Plan and SEQR on this application. Members discussed the suggestion. Mrs. Bostrom made the motion to hire an engineer to review the proposal relating to the Site Plan and Environmental Review, have them submit a report to the Board, and to table the previous motion pending receipt of the Engineer’s Report. ROLL CALL VOTE: MRS. BOSTROM – AYE; MRS. MUTH – AYE; MR. ROSEDALE – AYE; MR. BEERS – AYE; MRS. KUTCHER – NAY; MRS. NICHOLLS – ABSENT; AND MR. TATER – ABSENT. The vote was four ayes, one nay and two absent, and the motion carried. Mr. Rappleyea will contact Lamont Engineering to handle the review; he will also provide all documentation for them. Members agreed to place this application on the pending list until both the Engineer’s Report and the SPDES permit are received; at which point Mrs. Dwyer will include it on the Agenda. Agenda Item 11: 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 No one appeared on this application. Mrs. Bostrom noted this application is still pending, there has been no decision, and the final plat has never been approved. She reported the Town Board, at its March meeting, discussed the Subdivision Regulation regarding Road Requirements. She noted the subject was raised by a Town Board Member and Mr. Gardner was not present. Mr. Rappleyea reported this would also be addressed at the April Town Board meeting. Mrs. Bostrom recommended members who are interested should attend the meeting, especially since they will also be discussing the proposed Noise Ordinance. Mrs. Bostrom recommended the Planning Board should take some action on this application. Mr. Beers inquired when the Public Hearing was held on this and Mrs. Dwyer informed the members it was held in November 2004. After discussion of possible actions, Mr. Beers recommended the Board place the application on the Pending List and if no one appears and no action is taken at the May meeting, which is 6 months from the Public Hearing, then a letter should be sent to the applicants informing them the application will be placed on the June Agenda at which time a decision will be made. Members agreed. Agenda Item 8: Report from County Planning Board Representative – Gene Beers. Mr. Beers reported the County Planning Board reviewed the Jewett applications regarding amendments to the Zoning Law and the Board has a new member from Halcott. Agenda Item 15 - Other Business: There being no other business, Mr. Beers made the motion to close the meeting. Mrs. Bostrom seconded the motion. The vote was unanimous. The meeting ended at 10:07 PM. Respectfully Submitted, Ann Dwyer, Clerk |