Town Board Meeting

May 12, 2007

A regular meeting of the Jewett Town Board was held on May 12, 2007. Supervisor Michael Flaherty called the meeting to order at 10 A.M. Present were Board members Thomas Hitchcock, Charles Kutcher, Elaine Warfield and Harry T. Wilson.
Also present were Building Inspector Thomas Cross, Zoning Officer William Dwyer, Assessor Nancy Bower, town residents Helga and Werner Pscherer, Michael McCrary, newspaper reporter Mike Ryan and the town clerk.

The Public Hearing regarding violations of the “Junk Ordinance” for unregistered cars was opened.
The zoning officer informed the Board that the registered letter was returned on the Sawicki property. The registered letter for the Donnelly property was forwarded and the receipt was returned but nothing was done. The receipt from the registered letter for the Miller property was returned. Meanwhile the former owners of the Miller property found out about the cars and promised to remove them within two weeks.
There were no comments from the public.

The Public Hearing regarding a change of name on the Capital Projects Fund from the “Town Clerk/Tax Collector Equipment Fund” to “Equipment Fund” was opened.
There were no comments from the public.

The public hearings were closed.

Supervisor Flaherty made a motion to move forward removing the existing violations on the Donnelly and Sawicki properties. Seconded by Councilman Wilson and carried.

Supervisor Flaherty made a motion, 2nd by Councilman Wilson and carried giving approval to change the name on the Town Clerk/Tax Collector Equipment Fund to Equipment Fund.

Councilman Hitchcock made a motion, 2nd by Supervisor Flaherty and carried accepting the minutes of the April 11, 2007 regular meeting with the correction that approval was for the February financial report.

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

The building inspector gave out his monthly written report. He told the Board he anticipated there would be an increase in the number of permits as we go into summer.
He looked at the old school house building on the corner of Co. Routes. 23C and 13 and found it in disrepair.
Councilmen Hitchcock and Wilson will look at the building and see if it can be salvaged.
Supervisor Flaherty made a motion, 2nd by Councilman Kutcher and carried accepting the building inspector’s report.

The zoning officer gave out his monthly written report.
A motion was made by Councilman Wilson, 2nd by Councilman Hitchcock and carried to accept the zoning officer’s report.

The assessor reported that the tentative roll has been filed and that only physical changes were made. Also the State has tentatively set the equalization rate for the town at 76.75.
A motion was made by Councilman Wilson, 2nd by Councilman Kutcher and carried to accept the assessor’s report.

Councilman Wilson made a motion to declare the old roller in the highway department as surplus, 2nd by Supervisor Flaherty and carried.
The Board approved the roller can be given to the Town of Durham.

Courtesy of the floor was opened. There were no comments. Courtesy of the floor was closed.

Councilwoman Warfield is working on a second newsletter.
Councilman Wilson made a motion, 2nd by Councilman Kutcher and carried to have the newsletter go out in June or July pending the availability of dates for the notice of public hearings on the comprehensive plan.

Councilman Kutcher contacted Nan Stolzenberg. She said it would be relatively easy to have a map done on the conservation zones and will have a cost estimate for the next board meeting.
This item was tabled.

Councilman Wilson made a motion, 2nd by Councilman Kutcher and carried to schedule a Public Hearing on a Local Law for outdoor furnaces for the June 13, 2007 meeting.

Councilman Kutcher made a motion, 2nd by Councilwoman Warfield and carried to schedule a Public Hearing for the June 13, 2007 meeting on amending the sign law to reduce the size of a temporary sign to 4 square feet or less.

A report on the outside audit of the Town’s finances was provided to the Board. The Town’s annual report was submitted to the State.

Councilman Hitchcock made a motion, 2nd by Councilman Wilson and carried approving a noise variance for Greg Bell from Friday July 13, 2007 to Sunday July 15, 2007. Councilman Hitchcock made a motion, 2nd by Councilman Wilson to add the stipulation that the music does not start on Sunday until 12 P.M. instead of 11 A.M. as requested. Supervisor Flaherty, Councilman Kutcher and Councilwoman Warfield were opposed and the motion was not carried.
The Board agreed the music must stop at 11 P.M. each night.

Summer jobs with DEC are available in the area. On a motion by Councilwoman Warfield, 2nd by Supervisor Flaherty and carried the information will be put on the web site.

Hazardous waste disposal will be available for all Greene County residents on June 2, 2007 from 8 A.M to 2 P.M. in Athens. For more information call 943-4600.

Councilman Kutcher and Councilwoman Warfield reported on their meeting with the fire departments. They need administrative help and someone to help reorganize.
Supervisor Flaherty will ask County Director of Emergency Services John Farrell to speak with the Board.

Supervisor Flaherty made a motion, 2nd by Councilman Wilson and carried to adopt Resolution #8. This resolution amends the general fund budget. The Town has been approved for a $44,660 CWC LTAP grant to cover the cost of a groundwater study.
ROLL CALL Aye Flaherty, Hitchcock, Kutcher, Warfield and Wilson.

After discussion the Board did not approve a resolution on a FAD determination. This item was tabled.

Supervisor Flaherty made a motion, 2nd by Councilman Kutcher and carried to adopt Resolution #9. This resolution authorizes the Greene County Soil & Water District to act on behalf of the town in the analysis and development of a hazard mitigation plan. This shall be reviewed and considered for adoption by the Town upon completion.
ROLL CALL Aye Flaherty, Hitchcock, Kutcher, Warfield and Wilson.

Website stats: to date there have been 4489 hits, 2400 of them unique.

Brenda Park representing Time Warner spoke with Councilman Kutcher. She still needs to go to her superior to ask for permission to help pay for postage to send everyone in Town a survey.

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

Councilman Hitchcock asked the Board to look into land acquisition again. This item was tabled for the June meeting.

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. Councilman Hitchcock 2nd the motion and the Board members voted Aye.
The general fund was $21,251.20 on abstract #5, claim numbers 102 to 132. The highway fund was $14,944.11 on abstract #5, claim numbers 68 to 92.

Councilman Kutcher made a motion, 2nd by Councilman Hitchcock and carried congratulating the Town Clerk upon receiving her credentials as a Registered Municipal Clerk.

There be no further business the meeting was adjourned at 11:50 A.M. on a motion by Supervisor Flaherty, 2nd by Councilman Wilson and carried.

_____________________________
Patricia Merwin Town Clerk RMC

Planning Board

May 3, 2007

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

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

Agenda Item 2: Approval of Minutes of April 5, 2007.

Mrs. Bostrom had suggested changes in the draft of the minutes for April 5, 2007. Ms. Laubmeier made theses changes and reviewed them with the Planning Board on the evening of May 3. Mrs. Kutcher made the motion to accept the minutes; seconded by Mr. Beers. The motion passed with five ayes. Mr. Rosedale abstained as he was not present for the entire discussion.

Mrs. Muth brought up the question of claiming mileage and time for the training meetings. Mike Flaherty, who was present for the meeting, agreed to both. Mrs. Muth asked Ms. Laubmeier to keep record of the training attendance for the year end submittal. Copies of the required form were passed out.

Agenda Item 3: Thomas A. and Earnest J. Tolve: Kramer Road and 23C Subdivision Sketch Plan Review by Larry Vanucchi; Tax Map No. 130.00.01.12: Rural Residential. Mr. Tolve has provided us with a revised sketch plan for two lots.

The Planning Board reviewed the new maps provided by Joe Vanucchi. Last month the Planning Board had asked them to rethink the project from three lots to two. The new maps address this concern. Access to the lot in the back of the long parcel would run alongside the front lot that would be accessed directly from the road. Mrs. Kutcher questioned the grade of the driveway. Joe Vanucchi answered that the grade is less than ten percent. Mrs. Muth inquired whether Mr. Tolve was going to build or just divide. Joe Vanucchi said no building is planned at the present time. Mrs. Kutcher inquired whether the lot was big enough; the Planning Board consensus was yes. Mr. Beers motioned to approve the Sketch Plan; Mrs. Nicholls seconded the motion. The vote passed unanimously. Mr. Rosedale then suggested we move to declare it a minor subdivision. Mr. Beers made the motion to so declare; Mrs. Nicholls seconded the motion. The vote carried unanimously.

Agenda 4: Susan and Silvano Vales application for Minor Subdivision Sketch Plan Review for property located at 335 Hesley Road, Jewett, NY: Tax Map No. 129.00-3-3. The Vales propose to divide 2.5 acres from a larger parcel of 52.6 acres.

Mr. Vales had emailed Ms. Laubmeier earlier that afternoon to say that he did not know he was required to be present at the meeting. Ms. Laubmeier had replied by email that the Planning Board would review the information that was received and she would respond to him with their consensus. Mrs. Nicholls expressed the fact that the tiny maps provided by the Vales make it hard to discern the actual location of their property and the division they wish to make. The scale of the map should not be less than 200 feet to the inch. They will need to redo the sketch plan with all the information on one page, including putting the neighbors on the map. The Planning Board needs a topographical map with clear starting and ending points – these are not identified. Ms. Laubmeier needs to send them a copy of the Sketch Plan Review Requirements. These are not addressed. Mrs. Muth suggested that we put a good example of what a sketch plan should look like on the web site. The Planning Board cannot take action on this yet. The Vales’ request is feasible, but the information is not adequate in its presentation.

Agenda 5: Scott Sandler application for minor Subdivision Sketch Plan Review for property located at 3213 County Route 23C, Jewett, NY 12444: Tax Map No. 130.00-4-18: Rural Residential. Mr. Sandler proposes a two-lot subdivision and is being represented by Kaaterskill Engineering.

Romanna Balen, a designer for Kaaterskill Engineering provided the Planning Board with a notice of an application from the DEP; this application was determined complete. Romanna said that Ralph Butler of the DEP had made minor comments on a drafting error that means a slight reorientation of the house; once this is corrected he will approve the plan immediately. Upon reviewing the plans, Mrs. Kutcher noted a metal sluice pipe under the drainage for the septic and questioned, will it rust? Ms. Balen said that the sluice is designed to withstand the weight load and the elements.
The property is located off 23C toward Natty Bumpo Road near David Slutsky’s property. They wish to utilize 2.85 acres of a 24-acre parcel where an older house sits. This house would remain. Plans suggested the old driveway would also access the newer home. Mrs. Muth recalled an earlier situation where the decision was made that a driveway for one home cannot be through the middle of the property for the other. Mr. Beers concurred that a driveway cannot serve two houses. Mrs. Muth suggested that the driveway to the existing home be moved on to its own property as to make the existing driveway into a road would be very costly. Mr. Rosedale suggested to Ms. Balen that Kaaterskill take another look at the design. Ms. Balen asked whether we would consider a new driveway. The Planning Board said yes.

Mrs. Nicholls raised her concern that this house is set too close to a steep creek bank in a flood zone, emphasizing that the curve of the creek is really eroding out. Ms. Balen replied that Brenda Drake of the DEP had determined this a type 2 atelier; the required reorientation of the house would offset the steepness of the slope in a flood plain. Mrs. Muth suggested moving the house back from the creek as the current driveway will no longer be needed. As the plans currently read, Mrs. Muth ruled that we couldn’t approve them.

Agenda 6: Harrison and Wilmary Soule and John Giordano, application for minor Subdivision Sketch Plan Review on property located at County Route 13, West Jewett, NY: Tax Map No. 110.00-6-29.1. Proposed property is 2.5 acres abutting a conservation easement of 13.08 acres.

The Planning Board requested a copy of the conservation easement agreement. Mr. Giordano said he would provide a copy signed by the NYC Watershed. Property cannot be built on the conservation easement; this must be attached to property being sold. He has 2.5 acres to build upon that is not conservation easement. The conservation easement parcel is 13.08 acres. Mr. Rosedale asked whether Greene County Planning Board needed to be involved for an agricultural district. The Planning Board decided no, as long as all the conditions of the easement are met, noting previous conversation between Ms. Laubmeier and Mr. Diamonte regarding the Floyd Dart case. Mrs. Kutcher motioned to approve the Sketch Plan; Mrs. Nicholls seconded the motion. All approved. Mrs. Kutcher then made the motion to declare this a minor subdivision; Mr. Quackenbush seconded the motion. All approved. As Mr. Giordano is not planning on building this year, the Planning Board does not yet need DEP approval. Mr. Rosedale asked whether the Planning Board could approve the subdivision tonight, but Mrs. Muth answered the Planning Board is still lacking information. Mr. Giordano paid $100 cash for the Sketch Plan Review, but has not yet paid for the application for minor subdivision, nor provided the copy of the conservation easement.

There was a question from the floor not on the agenda. Werner and Helga Pscherer own parcels they are trying to separate. Mrs. Muth said their plan is very workable and advised them to cement all their information together. Ms. Laubmeier gave them an application for Subdivision Sketch Plan Review with instructions for filling out the application. The idea of finding a good example of a properly presented map for a Sketch Plan Review to post on line applies here too.

Another individual, Mr. Beecher Smith, had come in at the start of the meeting with a similar request for advice with a hand drawn map, which he left with us. The Planning Board looked this over also at this time. To join the parcels he is proposing is not a problem, but the Planning Board needs to see documentation of a right of way off Kloos Road and Mill Hollow Road. He will need a survey and a clearly drawn sketch plan. Ms. Laubmeier is to contact him regarding this at (845) 688-5587.

Agenda 7: Report from County Planning Board Representative Gene Beers

Mr. Beers said that the Greene County Planning Board had a quorum this month. The Greene County Planning Board is getting tougher on towns; they need better site plans, specifically access to highways, signage, and lighting for driveways.

Agenda 8: Other Business: Floyd Dart

Mr. Dart was not present; Mrs. Bostrom told Ms. Laubmeier that Floyd Dart had delivered the original and mylar maps for her signature. He was advised to take the signed maps and register them with the county.

Mrs. Nicholls again expressed her strong reaction to putting a house that near to a creek. Mr. Flaherty noted that the septic had already been approved by the DEP, so it is not in a flood plain. The house fits the requirement that locates it one hundred feet from a stream.

There being no other business, Mr. Beers motioned to adjourn meeting; Mr. Rosedale seconded. The vote was unanimous. The meeting closed at 9:30 pm.

Respectfully Submitted,

Susan Laubmeier, Clerk

_____________________________
Jane Bostrom, Chair