May 14, 2008                                         

     A regular meeting of the Jewett Town Board was held on Wednesday, May 14, 2008.  Supervisor Michael Flaherty called the meeting to order at 7 P.M.  Present were Board members Thomas Hitchcock, Michael McCrary, JR Quackenbush and Elaine Warfield. 
     Present were Attorney for the Town Tal G. Rappleyea, Superintendent of Highways Robert Mallory, Assessor Nancy Wyncoop Bower, Zoning Officer William Dwyer, Town residents Ann Dwyer and Shawn Jaeger, newspaper reporter Mike Ryan and the town clerk.

     Councilman Hitchcock made a motion, 2nd by Councilman Quackenbush and carried accepting the minutes of the April 9, 2008 regular meeting. 

     The Supervisor’s April financial report was given to the Board. 

     The Building Inspectors written report was accepted on a motion by Supervisor Flaherty, 2nd by Councilman Quackenbush and carried. 
    The Zoning Officer gave his written report to the Board.

     The Assessor has filed the tentative roll.  The equalization rate last year was 76.5% and this year it’s 74%.

     Councilman Hitchcock made a motion, 2nd by Councilman McCrary and carried accepting the bid received for the conveyor of $1,800.

     The Highway Superintendent said there would be an increase in CHIPS money this year of $11,000.

     Attorney Rappleyea gave an update concerning the business on County Rt. 17.  He said, “A notice of violation was served in May 2006.  The owner said he has been there as a repair shop and used car dealership prior to 1973 and had licenses that went back to that date.  At that time he was grandfathered as a repair shop and used car dealership.  There was no junkyard; therefore he didn’t have to put up a fence.  That’s where it was left.”
     “If that has changed since then we need to reexamine whether in fact it has turned into a junk yard, but the facts as of May, 2006 were that it was a repair shop and used car dealership.”
     The zoning officer was instructed to take dated photos every 30 days to see if the cars are moving and will report back to the Board each month. 

     The ambulance contract with the Town of Windham was discussed. 
     Councilman Hitchcock said the contract states “no resident of the Town of Jewett shall be billed directly for any portion of the services rendered by the Town of Windham other than insurance benefits” and people are being told they have to pay.”
                                                          
     Supervisor Flaherty, “That’s not the way I’m understanding it.  If we had made no effort to recover insurance the cost to the town would be astronomical.  The insurance benefits are paid to the Town of Windham against our accounts; we have no other billing going on here.”
     Councilman Quackenbush, “It says in the contract that we do not charge residents, except for insurance.  Unless we change the language this is what we need to do.”
     This discussion will continue.

     Councilman McCrary made a motion, 2nd by Councilman Quackenbush and carried to hire Lamont Engineering to review the storm water plans for major subdivisions coming before the Planning Board and anything else the Planning Board may need guidance on.

     Councilman Quackenbush made a motion, 2nd by Councilwoman Warfield and carried appointing Charles Kutcher to the Zoning Board of Appeals to fill the vacancy of Tod Mallory.  His term will end 12/31/08.  Councilman Hitchcock voted Nay.

    The audit committee of Councilmen Hitchcock and McCrary audited the bills prior to the meeting.  Councilman McCrary made a motion to approve the audit.  The motion was 2nd by Councilman Hitchcock and all Board members voted Aye.
     The general fund was $17,538.26 on abstract #5, claim numbers 101 to 140.  The highway fund was $10,929.73 on abstract #5, claim numbers 75 to 93. 

     Councilman McCrary made a motion, 2nd by Councilman Hitchcock and carried accepting the Supervisor’s March financial report.   Bank statements were made available for review. 

     Councilman McCrary made a motion, 2nd by Councilman Quackenbush and carried to table a resolution on electric usage in the highway garage and salt shed. 

     Councilwoman Warfield was thanked for the excellent job she did on the latest Town newsletter. 
     The newsletter is also available on the town web site.
 
     On July 6, 2008 the East Jewett Fire Department will celebrate its 50th Anniversary.  The celebration will go from 12 P.M. to 4 P.M.
     Councilman Quackenbush made a motion, 2nd by Councilman McCrary and carried approving the Town donate $500 toward the Celebration.

     A Town wide pickup was discussed.  The Board agreed the pickup will be 1 day only, September 2, 2008 and limited to metal only.

      The Board gave Supervisor Flaherty authority to ask for a 10% increase in rent from the Department for Aging for use of the kitchen and dining room in the Municipal Building.

     Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried naming the Town of Jewett as lead agency on the East Kill Plan.   

     Colgate Lake was discussed.  There are parties going on at the lake area and garbage is being left.  There is also going to be a parking problem when the lake is opened.  Parking across from the lake will not be available and the only parking will be the area before the lake.  Board members felt this area is not adequate enough to handle the volume of cars.  Supervisor Flaherty was asked to contact DEC asking them to reconsider opening up the parking area across from the lake and speak with the Windham police department about policing the area. 

     Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried to notify the Coalition of Towns that Jewett is interested in expanding the area around the two hamlet districts by a ½ mile radius.   

       Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried to go into executive session at 9:40 P.M. concerning financial matters. 
     Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried to come out of executive session at 9:50 P.M. 

    Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried granting a noise variance request to Greg Bell.   The variance will allow Mr. Bell to have music playing on July 18 and 19 until 11 P.M. 

     Supervisor Flaherty made a motion, 2nd by Councilman Hitchcock and carried approving $500 be donated to the Windham Fireworks Committee. 

     Councilman Hitchcock complimented the highway department for weeding and cleaning up in several cemeteries around Town.  On behalf of the Town Board the Supervisor was asked to send the highway department a letter of thanks for their work. 

     Councilman McCrary made a motion, 2nd by Councilman Hitchcock and carried adjourning the meeting at 10 P.M. 

                                                                  ______________________________
  

                                                                    Patricia Merwin, Town Clerk, RMC

TOWN OF JEWETT
PLANNING BOARD MINUTES
MAY 1, 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 April 3, 2008.

Corrections were made. Mrs. Nicholls offered a motion to pass the minutes as corrected. The motion was seconded by Mrs. Kutcher and passed unanimously.

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.

And

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

Both of these cases are represented by Mr. Elsom who was not present tonight. He had requested a copy of Mr. Vandeusen’s contract with the town, but that information has not been received yet by the Planning Board. The Planning Board has not yet received the fees for Application of Subdivision for either of these cases, and is missing the escrow fee for the Lars Peters subdivision.

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.

Mrs. Bostrom asked whether anyone on the Planning Board had been out to visit Mr. D'Acunto's property this past month. Mr. Jacobs had been out, and Mrs. Kutcher and Mr. Rosedale plan to go in the future. Mrs. Nicholls, Mr. Beers, Mrs. Muth, and Mrs. Bostrom have visited there in the past. Mrs. Bostrom suggested that members should try to get out before the next PB meeting.
            Mrs. Bostrom received a phone call from Mr. Rappleyea saying that he would not be in attendance at tonight's meeting. She asked him if he had sent the SEQR information to Ms. Shanihan of the DEP. He has, but there has been no response yet.
            Mrs. Bostrom wished tonight for the Planning Board to discuss with Mr. D'Acunto those areas within Jonathan Cohen's presentation to the Planning Board where things have changed, as to the areas in which Mr. D'Acunto will ride, and also the issues where there may be questions or disagreements. Mr. D'Acunto spoke about Colgate Lake and other areas as state-owned areas where he might ride. He commented that he need not ride on state land next to the Boy Scout camp, but he can still ride on state land elsewhere. Mrs. Bostrom said that it is not a question of his riding on state land, but on how he accesses state land. Mrs. Bostrom clarified that for his application he needs to provide the PB with a map containing all the areas he might ride, including state land, that lie within the Town of Jewett. He asked about Camp Harriman, and the PB answered that he needs written permission to ride on private land, including if that is his access point to state land.
            Ms. Iocca, Mr. D'Acunto's friend, asked whether he needs to amend the application in regard to his upper property. Mrs. Bostrom said he need not do it over, but stated that Mr. D'Acunto and the Planning Board need to agree as to what is correct, because certain points of his application have changed or need clarification.
            Mr. D'Acunto wondered if the Planning Board had received a copy of his stipulation from the court. The PB had not seen this document in which Joseph D'Acunto is listed as a plaintiff versus the Town of Jewett, dated August 13, 2004, and signed by himself, Mr. Flaherty, and the judge. He claims to be abiding under the stipulation by not conducting his riding business on his own property. He had, however, read into the document his right to conduct his riding business off of his own property. Mrs. Bostrom read the stipulation aloud, and the PB disagreed with this interpretation of his, reasoning instead that the stipulation prevents him from doing business. He also claims to not advertise his business. He gave the document to Ms. Laubmeier who made copies for all PB members.
            Mrs. Bostrom asked the Planning Board to review the depositions from Mr. D'Acunto's lawyer, Mr. Cohen, which contain statements which need to be challenged or clarified for the record. She hopes to write him a letter regarding these matters, following the PB's review and discussion tonight.
            On page two, line two, of his first deposition, within point No. 3, Mr. Cohen states "The applicant also owns a third parcel of one-acre, which also adjoins state land, at the northern terminus of Woodland Trail. Applicant accesses such property via a deeded easement and right-of-way from Boy Scout Road that runs along the subject property and over Woodland Trail." The Planning Board lacks evidence showing that Mr. D'Acunto's property adjoins state land; rather it has evidence to the contrary in both the Tax Map and the Boy Scout survey. Mr. Beers stated that the survey does not show an easement; the land belongs either to the Boy Scout or Warfield properties. Mr. D'Acunto said he will have to prove this easement exists, and stated that his lawyer believes it exists. Mr. D'Acunto said he will bring pictures of the lane he perceives to exist between the property of Elaine Warfield and the Boy Scout camp. Mrs. Kutcher stated that the Planning Board and Mr. D'Acunto disagree on this issue and that Mr. Cohen needs to provide evidence to Mr. Rappleyea.
            Another point of disagreement is found at the bottom of page two, footnote no. 1, where the amount of land owned by Mr. D'Acunto is asserted as 3.344 acres by counting the Woodland Trail easement as part of his total acreage. The Planning Board does not agree that Mr. D'Acunto owns that easement. Mr. D'Acunto asked whether the PB is not counting his "high country" acreage. This point of disagreement will also be listed in the letter to Mr. Cohen.
            In No. 5 on page two, Mr. Cohen states that in accordance with Article IV(A)(2) of the Zoning Law that the Special Use Permit would be in harmony with the adjoining properties. Mrs. Bostrom said that was the Planning Board's judgment to make, not Mr. Cohen's. Mr. D'Acunto and Ms. Iocca commented that Mr. Cohen has visited their property and is expressing his opinion based upon familiarity with the situation. Mrs. Bostrom said older cases with Mr. D'Acunto claim that this residential area is not in harmony with the extent of his business, but Mr. D'Acunto contends the Boy Scout Camp is a business. This is an argument the Planning Board needs to examine.
            Under No. 6, Mr. Cohen claims that Mr. D'Acunto has an absolute right to his business. However, the wording of the Town Law calls this a "special use" and not a "permitted use." Mr. D'Acunto argued that agriculture, such as the growing of crops or raising livestock, is a permitted use, and Mrs. Bostrom replied that we are not speaking about the growing of crops or raising of livestock, but the matter of Mr. D'Acunto's application for a riding stable.
            Mrs. Bostrom found No. 8 confusing, containing both information and misinformation. It states the character of the area around the subject property is overwhelmingly rural, remote, and wooded. The dominant parcel abutting Mr. D'Acunto's land is the 150 acre Boy Scout Camp Tri-Mount, which Cohen says is referred to as a "community service" in the current draft of Jewett's Master Plan. Mr. Cohen has attached portions of the "Property Classification Map" that was appended to the Town of Jewett Comprehensive Plan on January 18, 2007 as Exhibit B. Mr. D'Acunto's property is bounded on west and south by vacant land. Mrs. Bostrom asked Mr. D'Acunto to clarify the borders of his land. He said that south of him lies the easement, and south of that lies Joe Samsong's property [secretary could not verify this name from tape recording or town records] which is from six to fifteen acres of wooded land that goes to Jean Claude Szurdak's property, also wooded. East lies the Boy Scout Road, and north is the Boy Scout Camp. In his wording, Mr. Cohen claims as commercial land the "community service" land of the Boy Scout Camp. Mr. D'Acunto believes that in the past Jeff Prince's ranch, the old High Chaparel, formerly the Hideaway, was commercial property since 1947, and is therefore grandfathered in as commercial property. He argues that Goldman, the current owner, stills pays taxes as commercial property. The Planning Board disagrees with his assessment, saying that property does not border his. He said it's on the other side of the property that does border his. Ms. Iocca commented that the PB can request clarification of this point from Mr. Cohen. Mrs. Bostrom stated that no zoning existed then, and that no commercial zoning exists in that area at the present time.
            No. 10 concerns a drilled well and septic system. Mr. D'Acunto provides a porta-potty for customers; Royalette comes on call as needed to dump it, and that he will be calling to have it dumped by Memorial Day weekend. Mr. Beers suggested he create a written contract with Royalette to create a paper trail. Mrs. Muth thought that maybe his receipts would cover that.
             No. 11 relates to safe, convenient, and adequate vehicular and pedestrian property access, including emergency access to the property. Mrs. Bostrom said the Planning Board still awaits the East Jewett Fire Department's response to its letter regarding the improvements Mr. D'Acunto plans to make. Mr. D'Acunto said that during his visit, Mr. Jacobs saw that a car can travel up and down his driveway. Mrs. Muth had been to the EJFD meeting and reminded the PB of the letter the EJFD had earlier sent. The PB hopes for direct input from the EJFD in regard to Mr. D'Acunto's driveway improvements, and asked Mrs. Muth to speak to the EJFD again concerning a written response to the PB's latest request. There is also a thirteen car parking space shown on the site plan. Mrs. Bostrom had thought Mr. D'Acunto initially had eight parking spaces on his site plan. He said he will never have that many cars to park as he only has six horses and cannot supply that large a trail ride.
            No. 15 on page five claims the property includes 3.34 +/- acres, which remains a point of interpretation and includes a non-contiguous property.
            No. 17 contains the wording "right-of-way that provides access to state land."
            No. 19 concerns Mr.D'Acunto's waste management plan attached as Exhibit B; the Planning Board still awaits a response from the DEP regarding the proximity of the stream to the manure pile. The data was sent by Mr. Rappleyea.
            In No. 20, Mr. Cohen's stated concerns of whether Mr. D'Acunto's Application for Special Use Permit has no negative impact on Rural Conservation property remain the Planning Board's judgment yet to be made.
            Nos. 21, 22, and 23 relate to emergency services, which are not yet resolved, and await the response from the East Jewett Fire Department.
            The Planning Board pulled out its Supplemental Statement sent to the Planning Board by Mr. Cohen on January 25th. While they were doing so, Mr. D'Acunto said that most of his information came from the zoning laws of 1996, and wondered about the definition of what a riding/training stable is supposed to be. He said maybe he doesn't meet this definition since he has no training stable or riding center with indoor or outdoor riding arena. He thinks a ranch is a legitimate use in this town and cited cases of other ranches, such as Ray Phillips former place in Haines Falls or Erica Nolan's place in Windham, where practices differed from his own. However, he was reminded that none of them are located in the Town of Jewett or subject to Jewett Zoning Law. Mr. D'Acunto wondered if he had made a mistake in applying to the PB. Mrs. Bostrom reminded him that he is doing what the judge told him to do.
            On page one of the Supplemental Statement, Mr. Cohen states that he supports this document under penalty of perjury.
On page six, within No. 12, c.Emergency Access,is a statement that implies access to the applicant's property lies directly off Boy Scout Road. The Planning Board questions this statement; rather there are two properties between Mr. D'Acunto and Boy Scout Road. Mr. D'Acunto said the easement brings his property up to Boy Scout Road.
            Mrs. Bostrom asked for a motion from the floor to authorize her to write the letter. Mrs. Kutcher so motioned; Mrs. Nicholls seconded the motion, which passed unanimously.
            Mr. Bostrom found a smaller copy of the Town of Jewett map that he wanted to copy for the requested revised riding maps, and Ms. Laubmeier made several copies for him. These new maps will help him to clarify all of his intended trails.
            The Planning Board discussed what is still needed: the DEP response and the fire and rescue suggestions. Mrs. Muth, who attended the meeting of the East Jewett Fire Department, surmised there is not much more to do than adding more stone to the road which Mr. D'Acunto has said he would do. She said that the statements within EJFD's earlier letter to Cohen are basically true, that access is very bad and cannot be made much better.  She said that the truth of the matter is that no greater fire hazard exists now than before, nor will there be, since no buildings are going up that could burn down the woods, and that access will always be difficult. The Planning Board collectively expressed the hope that the EJFD would answer its letter, and asked Mrs. Muth to convey the message.
            Mr. D'Acunto asked why the Planning Board isn't considering the easement part of his property.
Mrs. Kutcher asked if Mr. D'Acunto's horses were ever pastured on his upper parcel. He replied that he has a corral at the "high country," then asked why the PB isn't combining his properties for business purposes. The Planning Board said that this is an issue that must be discussed between Mr. Cohen and Mr. Rappleyea.
            Mr. D'Acunto asked to be placed on the agenda for the June 5th meeting.
           
Agenda Item 7: Report from Greene County Planning Board Representative Gene Beers

            Mr. Beers reported that Ski Windham is adding a handicapped access elevator to a building there.

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

            Mr. Quackenbush supplied the Planning Board with a copy of a current advertisement Mr. D'Acunto is running on the internet, which is a violation of the court's stipulation.
Mr. Quackenbush said that on Sunday, July 6th from 12-3pm, the East Jewett Fire Department will celebrate its 50th Anniversary in the fire house. A donation of food was made by the Town of Jewett.

Agenda Item 9: Other Business

            Mrs. Nicholls said that it is time for another group picture for the Planning Board since it has added a member. Ms. Laubmeier is to add this to the agenda for next month.
            At 9:30pm the meeting adjourned. Mrs. Kutcher made the motion to close the meeting; Mrs. Nicholls seconded the motion, which passed unanimously.

Respectfully Submitted,

  Susan Laubmeier, Clerk

_____________________________
Jane Bostrom, Chair