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Town Board Minutes |
Zoning Board Minutes |
| TOWN BOARD May 11, 2005 A regular meeting of the Jewett Town Board was held on May 11, 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. Also present were Superintendent of Highways Robert Mallory, Building Inspector Tom Cross, Zoning Officer William Dwyer and Attorney for the Town Tal G. Rappleyea. Present were Town residents Janet Nicholls, Daniel Dexter, Joan Black, Tammy Vanucchi, Gary Kaich, Tim Osborn, Rose Marie Beers, Maurice Beers, James Varelas, Gregory Kroyer, Ethan Tarnow, Robinson Schultz, Steve Canfield, Greg Bell, Keith Hall, Shawn Jaeger, Jane Bostrom, Jeanne Soule, Bebra Iocca, James Fowles, Jeanie Satter, Joseph D'Acunto, newspaper reporter Mike Ryan and the town clerk. Supervisor Flaherty opened the Public Hearing on the Noise Law. Attorney Rappelyea explained the penal and civil aspects concerning the penalty phase in the law and added Camp Tri Mount to the grandfather clause. Councilman Kutcher addressed some of the issues raised at the last public hearing. The Town first looked at the issue of a noise ordinance in 1994. In 2001 a draft was created, since then a number of incidents and trends have emerged. First "The Town of Lexington had a problem that showed how extreme and contentious a noise issue could be and how difficult it is to solve that problem when it comes upon you rapidly." Second "The pace of development and housing starts has increased dramatically in the Town. There's more potential for conflict as population density rises." Third "New studies have been conducted showing the adverse health affects of noise." Forth "Property values continue to rise. New studies all consistently show a negative impact of noise on property values." Fifth "A recent Town survey showed that one of the most important issues to residents was the peaceful enjoyment of their property." Sixth "Members of the Town Board, the zoning board of appeals and the planning board have all received complaints within the last two years." Seventh "Sound laws have developed at a rapid rate nationwide and new methods now allow simpler implementation." The committee was formed of Councilmen Kutcher and Wilson, town residents Jane Bostrom, Marybeth O'Mahoney and Jeanne Soule. They met over nine months and examined 50 sound ordinances most from small towns within the New York area. They also examined issues associated with sound such as physics, health, economics, physically and physiology and other pertinent materials. Town residents were given the opportunity to express their opinions. Steve Canfield presented a petition against the noise law with 85 signatures. On a motion by Flaherty, 2 nd by Wilson and carried the public hearing was closed. A motion was made by Kutcher, 2 nd by Wilson and carried to adopt the civil version of the "Noise Law". ROLL CALL: Aye 3 Flaherty, Kutcher, Wilson. Nay 2 Hitchcock, LaPierre. A motion was made by Hitchcock, 2 nd by Kutcher and carried accepting the minutes of the April 13, 2005 regular meeting. The Supervisors report was given to the Board and bank statements were made available for review. The Building Inspector gave his monthly report to the Board. A motion was made by Flaherty, 2 nd by Hitchcock and carried accepting the Building Inspectors report. The Zoning Officer gave his monthly report to the Board. On a motion by Flaherty, 2 nd by LaPierre and carried the Town Attorney was asked to research the current Junk ordinance and propose an update. A motion was made by Hitchcock, 2 nd by Wilson and carried stating that if the owner of cars at 1846 SR 296 is not in compliance by May 23 rd the Town Attorney is authorized to commence action for violation of the junk ordinance. A motion was made by Hitchcock, 2 nd by LaPierre and carried to accept the Zoning Officers monthly report. Councilman LaPierre asked the Board to consider the possibility of hiring a fifth seasonal highway employee, summer and winter, to augment the crews as part of the 2006 budget. He also suggested looking into the cost of concrete ditch liners for Wright Road. A motion was made by Flaherty, 2 nd by Wilson and carried to accept the resignation of Charles Tatar from the Planning Board effective immediately. A motion was made by Kutcher, 2 nd by Wilson and carried approving a quarter page ad in the Windham Journal congratulating Town residents Jeanne and Clarence Soule as Greene County and New York State Senior Citizens of the Year. Superintendent Mallory reported to the Board that he would be meeting with FEMA officials tomorrow. Also the State inspector for the fuel tanks had to reschedule. The finance committee of Councilmen Hitchcock and Kutcher audited the bills prior to the meeting. Councilman Kutcher made a motion recommending the Board approve the audit. Seconded by Councilman Hitchcock with all Board members voting Aye. The general fund was $6,473.80 on abstract #5, claim numbers 96 to 119. The highway fund was $13,076.48 on abstract #5, claim numbers 62 to 77. A workshop was scheduled for Tuesday, May 24 th at 9AM in the municipal building to begin a future of Jewett discussion. Supervisor Flaherty reported that at the Hunter landfill construction should start this summer on the artificial wetlands. A meeting to discuss health insurance after retirement is scheduled with a consultant for Friday, May 13 th at 10AM with the Supervisor and Councilman Wilson. The discussion on motor paving of private roads was tabled until the Superintendent is present and can participate. There are 4 paying customers with ads on the web site. A brochure will be generated to send to business outside of the Town as well as in Town. There being no further business the meeting was adjourned at 10:20PM on a motion by Kutcher, 2 nd by Hitchcock and carried. _____________________________________ Patricia Merwin Town Clerk
May 5, 2005
The meeting was called to order at 7:35 PM. Mrs. Bostrom noted that Mr. Tatar is resigning from the Board. Agenda Item 2: Approval of Minutes of April 7, 2005. Agenda Item 9: Application for Sketch Plan Review for George Swertzl of Emily Lane and Cramer Road, Jewett, NY, Tax Map No. 130.00-1-30, District: Rural Residential. Present: George Swertzl Members review the application and sketch plan. Mr. Swertzl is proposing to subdivide 37.7-acres into seven (7) lots in size from 2.6-acres to 9.78-acres. Mr. Swertzl stated the property is by Emily Lane off Cramer Road, ¼ mile from Route 23C. Emily Lane is an existing private road, unpaved, and is not indicated on the town map. He inquired whether the extension road he is proposing needs to be paved. Mrs. Bostrom stated this application would be a major subdivision and the regulations require roads to be paved. Mr. Swertzl stated there is a deed issue regarding ownership which must be resolved; the pond discharges toward the rear of the property, it is a raised man-made pond; he is planning a gated community. Mrs. Bostrom stated there is no restriction regarding gated communities; dimensions of each of the lots must be indicated on the map, DEP approvals are needed. Mr. Swertzl stated it may take some time to provide all the information and members agreed to place the application on the pending list. 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 Mr. Beers made the motion to open the Public Hearing. Mrs. Kutcher seconded the motion. The vote was unanimous and the hearing opened at 7:50 pm. Mrs. Bostrom requested comment from the public. No one from the public appeared. Mr. Beers made the motion to close the hearing. Mrs. Kutcher seconded the motion. The vote was unanimous and the hearing closed at 7:51 pm. 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 After review of the application, Mrs. Kutcher made the motion to approve the Application for Site Plan Review and to approve the Application for Special Use Permit. Mrs. Nicholls seconded the motion. ROLL CALL VOTE: MRS. BOSTROM – AYE; MRS. NICHOLLS –AYE; MRS. KUTCHER – AYE; MR. BEERS – AYE; MR. ROSEDALE – ABSENT; MRS. MUTH – ABSENT; MR. TATAR – ABSENT. The vote was four (4) ayes and three (3) absent and the motion carried. Mrs. Dwyer will mail the Special Use Permit to the applicant. 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. No one appeared on the application. Members agreed to place it on the pending list. Agenda Item 6 and 7: Mr. Accardi submitted two applications for Sketch Plan Review and a letter of representation from the Maske’s to handle the application. Mr. Accardi requested clarification regarding having to combine the properties. Members agreed that the proposed lot would be landlocked and either a road or a combination of lots is required. Mr. Accardi stated he would most probably be combining the lot with lot 21. He stated both lot 21 and 24.1 have houses on them. He agreed to indicate the stream on the sketch plan; utilities and the driveway serving the Maske property; topographical lines; septic systems; wells [or spring]; distance to nearest road; Maske garage; and, the acreage of the large parcel. Since he borders State Land, Mr. Rappleyea stated the notice should be sent to State of New York, Attorney General, 110 State Street, Albany, New York 12207. 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. Agenda Item 10: Application for Sketch Plan Review for Jane Eisenberg and Jack Cohen of 3894 Route 23C, Jewett, NY, Tax Map No. 130.00-1-13, District: Rural Residential The applicants submitted a sketch plan to subdivide 3.25-acres from a 15.78-acre parcel. They stated the property is mostly wood forest and they are not planning to build on the lot. Mrs. Nicholls made the motion to waive the PERC test and DEP Design Approval Letter requirement. Mrs. Kutcher seconded the motion. The vote was unanimous and the motion carried. After review of the application, Mr. Beers made the motion to accept the Sketch Plan and to determine the subdivision is a Minor Subdivision. Mrs. Bostrom seconded the motion. ROLL CALL VOTE: MRS. BOSTROM – AYE; MRS. NICHOLLS –AYE; MRS. KUTCHER – AYE; MR. BEERS – AYE; MR. ROSEDALE – ABSENT; MRS. MUTH – ABSENT; MR. TATAR – ABSENT. The vote was four (4) ayes and three (3) absent and the motion carried. Mrs. Dwyer provided the applicant with the Minor Subdivision application form and noted the fee for a two lot subdivision is $200.00. Agenda Item 12: Other Business: Agenda Item 11: Report from County Planning Board Representative – Gene Beers. 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 9:05 PM. Respectfully Submitted, Ann Dwyer, Clerk |