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Town Board

June 8, 2005

A regular meeting of the Jewett Town Board was held on June 8, 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 Assessor Georgette Krauss, Building Inspector Tom Cross, Zoning Officer William Dwyer and Attorney for the Town Tal G. Rappleyea. Town residents Jane Bostrom, Werner Pscherer, Roberta Banks, Ann Dwyer, newspaper Mike Ryan and the town clerk.

On a motion by Kutcher, 2nd by Wilson and carried the minutes of the May 11, 2005 regular meeting were accepted.

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

A motion was made by Flaherty, 2nd by Hitchcock and carried approving Resolution #8. This resolution congratulates Roberta Banks for her 30 years of service to the postal service with 13 of those years spent as Postmaster in the Jewett post office.
ROLL CALL: Aye 5 Flaherty, Hitchcock, Kutcher, LaPierre and Wilson.
Nay 0

Building Inspector Tom Cross gave a written and oral report.
Building application forms have been reduced to a user- friendly size with the help of Ann Dwyer.
The list of unsafe buildings is still being worked on.
The building inspectors report was accepted on a motion by Flaherty, 2nd by Kutcher and carried.

Zoning officer William Dwyer gave a written and oral report. His report was accepted on a motion by Hitchcock, 2nd by Wilson and carried.

Assessor Georgette Krauss reported on the 2005 final assessment roll. There has been an increase of approximately 17 million over last year’s roll.
There were 9 complaints received on grievance day. Prior to grievance day a number of phone calls were received and 12 meetings were scheduled.
The Assessors report was accepted on a motion by Flaherty, 2nd by LaPierre and carried.

The finance committee of Councilmen Hitchcock and Kutcher audited the bills prior to the meeting.
Councilman Hitchcock made a motion recommending the Board approve the audit. Councilman Kutcher 2nd the motion and all Board members voted Aye.
The general fund was $8,273.90 on abstract #6, claim numbers 120 to 145. The highway fund was $10,245.73 on abstract #6, claim numbers 78 to 96.

Councilmen Wilson and LaPierre were appointed as the finance committee for July, August and September.

Under old business:

Supervisor Flaherty and Councilman Wilson met with a representative to discuss health insurance after retirement.
Three options were presented for the Board to review and Councilman Wilson recommended the representative return to discuss the issue with the entire Board.

Attorney Rappleyea has reviewed the current junk ordinance. The current zoning law over rules the ordinance but didn’t repeal it so we now have an inconsistent law.


The options are to either amend the zoning law or create a property maintenance law.

Attorney Rappleyea will draw up a draft property maintenance law for the Board to review and repeal the current junk ordinance.

Supervisor Flaherty spoke with the Superintendent of Highways about motor paving of private roads. The Superintendent suggested following all the steps to bring a road up to town specification but not require motor paving or blacktopping.
Attorney Rappleyea will draw up a draft change in the zoning and subdivision laws regarding the motor paving of private roads.

A second workshop was scheduled for Monday, June 20th at 9AM in the municipal building to continue the future of Jewett discussion.

There being no further business the meeting was adjourned at 8:45PM on a motion by Kutcher, 2nd by Flaherty and carried.

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Patricia Merwin Town Clerk

Future of Jewett Committee

June 20, 2005

A meeting of the Future of Jewett committee was held on June 20, 2005. Supervisor Michael Flaherty called the meeting to order at 9:00 A.M.

Present were Board Members Thomas Hitchcock, Charles Kutcher, Paul LaPierre and Harry T. Wilson.

Also present was Jewett resident David Kessler.

A motion was made by Charles Kutcher that Greg Bell be granted a Noise Variance to hold his annual “Bellstock.” Thomas Hitchcock seconded the motion.

Town Attorney Tal Rappleyea will be asked to prepare an Application for Noise Variance.

Thomas Hitchcock asked that e-mails be reviewed for content prior to being sent.

Tom Wilson reviewed his SWOT analysis (strengths, weaknesses, opportunities and threats). He stated that the “division” in the town is one of its weaknesses. Charles Kutcher did not feel that this division is a major problem.

Paul LaPierre stated that a sense of community is necessary to build support for future town issues. Tom Wilson concurred stating that tough issues need taxpayer support.

Tom Wilson suggested that Board meetings periodically be held in other venues, i.e. Jewett Fire House, East Jewett Fire House, etc.

Charles Kutcher suggested that hearings and/or meetings be held regarding new laws and ordinances prior to their coming up for a vote.

Thomas Hitchcock commented that the current cohesive Town Board has had a positive effect on the Town’s public image.

Paul LaPierre feels that social activities could be used as a catalyst for recruiting residents to participate in committees, etc.

Thomas Hitchcock suggested that a “Welcome Packet” be sent to new Jewett property owners.

Charles Kutcher stated that the Future of Jewett Committee needs to identify the elements of the Town that need to be protected.

Thomas Hitchcock would like to have a plan in place for a person to assist in accomplishing some of the ideas that the Committee has broached.

Michael Flaherty asked if he could look into having the dining room air condititioned. Thomas Hitchcock suggested that the rent should probably be raised to cover the cost.

The meeting was adjourned at 10:30 a.m.

 

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Donna C. Lukas, Asst. to Supervisor

 

Planning Board

June 2, 2005


Roll Call: Chairperson: Jane Bostrom
Members: Joan Kutcher, Gene Beers, Janet Nicholls, Paul Rosedale and Carol Muth

The meeting was called to order at 7:35 PM.

Agenda Item 2: Approval of Minutes of May 5, 2005.
After correcting typos, Mr. Beers made the motion to approve the minutes. Mr. Nicholls seconded the motion. The vote was five ayes with Mrs. Muth abstaining. The motion carried.

Agenda Item 3 and 4:
Application for Sketch Plan Review for Saverio & Constantina Accardi of Little Timber Road, Jewett, NY, Tax Map No. 146.00-4-25, 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.
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. Present: Mr. Saverio Accardi

Mr. Accardi submitted two revised Sketch Plans which members determined have all the required information on them. He stated that he will be combining the portion from Tax Map # 146.00-4-22 [Maske] with Tax Map # 146.00-4-21 [Accardi] and the portion from Tax Map # 146.00-4-25 [Accardi] with Tax Map # 146.00-4-22 [Maske]. Mr. Accardi stated there is an easement in the deeds and copies of the deeds will be provided. After review of the applications Mrs. Bostrom made the motion to accept the Sketch Plan and to determine the subdivision is a Minor Subdivision. Mr. Beers seconded the motion. The vote was unanimous 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 5: 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 agreed to place this application on the Pending List

Agenda Item 6: Application for Minor Subdivision for Jane Eisenberg and Jack Cohen of 3894 Route 23C, Jewett, NY, Tax Map No. 130.00-1-13, District: Rural Residential. Present: Jane Eisenberg

The applicants submitted a Minor Subdivision Application with the plat to subdivide 3.25-acres from a 15.78-acre parcel. They also paid the fee in cash. Mrs. Kutcher made the motion to appoint the Planning Board as Lead Agency for the SEQR review. Mr. Beers seconded the motion. The vote was unanimous and the motion carried. The Board proceeded with the review and Mrs. Nicholls made the motion to determine there were no adverse environmental impacts from this action. Mr. Beers seconded the motion. The vote was unanimous and the motion carried. Mr. Rosedale made the motion to accept the application as complete and to schedule the Public Hearing for July 7, 2005 at 7:30 pm, with the provision the Mylar copy would be received at or prior to the Public Hearing. Mrs. Nicholls seconded the motion. The vote was unanimous and the motion carried. Mrs. Bostrom informed the applicant of the required 10-day notice for the hearing to all neighbors within 500 feet of the property, and Mrs. Dwyer provided the draft notification letter.

Agenda Item 7: Application for 50% Review – Non-Conforming for Steven Levi of 10 Lawrence Road, Jewett, NY, Tax Map No. 130.00-1-13, District: Rural Residential. Present: Mr. Steven Levi.

Mr. Levi stated he applied for a building permit to repair the foundation of his 1840 farmhouse. In the process of removing the additions in order to access the foundation, it was determined the house would not withstand the movement, and he was required to tear it down. He is requesting approval to rebuild the house using the salvageable beams with a new foundation 18 x 24 feet, and covering the original footprint. He presented certification of the assessed value of the property both before and after the house was demolished. He stated he had approval of the 55 foot front yard determination from the Zoning Board of Appeals and Mrs. Dwyer verified it had been approved. He submitted the Application for Certificate of Non Conforming Use to the Zoning Enforcement Officer and provided a copy. There is an existing well and septic system. Members reviewed the request including discussion of the historic nature of the building and Mr. Levi’s intention to rebuild a similar style structure. Mrs. Bostrom made the motion that: It is the opinion of the Planning Board that the reconstruction of this historic home will be advantageous to the neighborhood and strict adherence to the 50% rule is not warranted. Therefore, The Planning Board approves this request for the estimated construction cost of $90,000. Mrs. Muth seconded the motion. ROLL CALL VOTE: MRS. BOSTROM – AYE; MRS. NICHOLLS –AYE; MRS. KUTCHER – AYE; MR. BEERS – AYE; MR. ROSEDALE – AYE; MRS. MUTH – AYE; ONE VACANCY. The vote was unanimous and the motion carried

Agenda Item 8: Application for Boundary Line Adjustment for Maurice Mudge of 639, 645 and 667 Route 296, Jewett, NY, Tax Map No. 113.00-3-5 and 113.00-3-4, District: Rural Residential. Present: Christine Valachovic of Kaaterskill Associates.

Ms. Valachovic presented a letter of representation from Mr. Mudge. Mr. Mudge has a pre-existing .26-acre parcel which has two buildings on it with one building encroaching on the adjacent parcel. He is planning on selling both properties to the same purchaser; however, the title company requires the two buildings be located on the same lot. KEA submitted three applications: two Sketch Plan applications and one Boundary Line Adjustment with a check for $50.00, only one of the Sketch Plan applications were signed. Members determined this could be handled as a Boundary Line Adjustment. They are proposing to transfer .23-acres from 113.00-3-5 to 113.00-3-4 to increase the size to .49-acres. The lot is a pre-existing non conforming lot. Mrs. Dwyer provided two Applications for Certificate of Non-Conforming Use to be filed. Members noted the buildings were used commercially in the past but had been closed for some time. Ms. Valachovic stated the new owners planned to use the buildings as an office and Mrs. Bostrom informed her it would require a Special Use Permit. Mrs. Bostrom stated the regulations prohibit the Board from creating a non-conforming lot or allowing an existing one to be made more non-conforming, however a .49-acre parcel with no encroachment is better than a .23-acre parcel. After reviewing the application members agreed that [1] a signed Application for Boundary Line Adjustment, [2] two Applications for Certificate of Non-Conforming Use, [3] copies of the current deeds and drafts of the new deeds, and [4] revised plats showing the location of the water supply and the septic system on both lots, are required for the July meeting.

Agenda Item 9 and 10:
Application for Minor Subdivision for George and Sally Hildenbrand of 87 Cross Road, Jewett, NY, Tax Map No. 128.00-5-2.2, District: Rural Residential.
Application for Special Use Permit for Rebecca Murray of 87 Cross Road, Jewett, NY, Tax Map No. 128.00-5-2.2, District: Rural Residential. Present: Rebecca Murray and Bruce Maben

Mrs. Bostrom noted this parcel is located in the Agricultural District which requires both an Agricultural Data Statement to be filed and referral to the Greene County Planning Board for both applications. Mrs. Dwyer noted the deadline for submission for the GCPB June meeting is June 3rd. If the referral is not made in time for their June meeting, they would not be reviewed until July. Ms. Murray stated the DEP Design Approval letter has been provided to the Jewett Building Inspector. She will provide a copy for both applications and will provide the two Agricultural Data Statements in order to meet the deadline. Mrs. Nicholls made the motion to appoint the Planning Board as Lead Agency for SEQR Review for the Subdivision and Special Use Permit applications and to review both actions. Mr. Beers seconded the motion. The vote was unanimous. The Board proceeded with the review and Mrs. Bostrom made the motion to determine there were no adverse environmental impacts from either of these actions. Mr. Rosedale seconded the motion. The vote was unanimous and the motion carried. Mrs. Nicholls made the motion to accept both applications as complete pending receipt of the Agricultural Data Statements and the DEP Design Approval Letter, and to schedule the Public Hearing for the Subdivision Application and the Special Use Permit Application for July 7, 2005 at 7:30 pm. Mr. Rosedale seconded the motion. The vote was unanimous and the motion carried. Mrs. Dwyer provided the draft notification letter, the sign to be posted, and the form of posting certification. Mrs. Bostrom informed the applicant of the public hearing requirements: for the subdivision - 10-day notification of all neighbors within 500 feet of the property and for the special use – 10-day notification of adjoining neighbors in addition to the sign posted on the property. She also noted that if the GCPB referral was not on their June agenda, no action could be taken on these applications at the July meeting.

Pending Item D: Application for Minor Subdivision 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 stated the PERC test was performed on Lot 1 and the Design Approval Letter should be received soon, since he has decided to develop that lot instead of lot 2. Members reviewed the application and determined [1] the two DEP Design Approval Letters [2] Mylar and five copies [3] and the road agreements are still required. Mr. Mulholland requested the Public Hearing be scheduled for the July meeting. Members discussed scheduling it if all required information is received by Mrs. Dwyer by June 17th. Mrs. Nicholls made the motion to appoint the Planning Board as Lead Agency for SEQR Review. Mr. Beers seconded the motion. The vote was unanimous. The Board proceeded with the review and Mrs. Bostrom made the motion to determine there were no adverse environmental impacts from the action. Mrs. Muth seconded the motion. The vote was unanimous and the motion carried. After review of the application, Mrs. Bostrom made the motion to schedule the Public Hearing for July 7, 2008 at 7:30 pm if the Mylar and five [5] copies of the plat and the two DEP Design Approval letters are received by June 17th. Mrs. Nicholls seconded the motion. The vote was unanimous and the motion carried. Mrs. Bostrom informed the applicant of the required 10-day notice for the hearing to all neighbors within 500 feet of the property, and Mrs. Dwyer provided the draft notification letter.

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. Dwyer submitted the letters sent to Mr. Gardner and each applicant and reported there was no response received. Mrs. Kutcher made the motion: Since we had no response to the May letter and no provisions were made for the road as per the Subdivision Regulations, then the Board should deny this application. Mr. Rosedale seconded the motion. ROLL CALL VOTE: MRS. BOSTROM – AYE; MRS. NICHOLLS –AYE; MRS. KUTCHER – AYE; MR. BEERS – AYE; MR. ROSEDALE – AYE; MRS. MUTH – AYE; ONE VACANCY. The vote was unanimous and the motion carried

Agenda Item 11: Report from County Planning Board Representative – Gene Beers.
Mr. Beers reported the County Planning Board reviewed a number of referrals, and he will notify them of the two referrals from us for the June meeting.

Agenda Item 12: Other Business:
[1] Mrs. Dwyer informed the Board she would not be available for the July meeting. Mrs. Kutcher agreed to be Acting Secretary and Mrs. Dwyer will provide her with the expanded agenda notes in advance. Mr. Beers and Mr. Rosedale also indicated they would not be attending the July meeting.
[2] Mrs. Dwyer informed the Board that all town application forms had been redesigned and submitted to the website for easy access by the public.
[3] Mrs. Bostrom provided documentation of the requirements of the Agricultural District Law along with a map of the districts in the town. Copies will be provided to the members with the July agenda and Mrs. Dwyer will post the map in the Building Inspector’s office.

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 10:35 PM.

Respectfully Submitted,

Ann Dwyer, Clerk
___________________________
Jane Bostrom, Chair

Zoning Board

June 1, 2005

Roll Call : Acting Chair: Kathleen Williams
Members: Ann Dwyer, Margaret Flaherty, Tod Mallory
Absent: Russ Coloton

The meeting opened at 7:07 pm.

Mrs. Dwyer made the motion to appoint Kathleen Williams as Acting Chair. Mrs. Flaherty seconded the motion. The vote was unanimous and the motion carried.

Agenda Item 2: Approval of Minutes.
Mrs. Flaherty made the motion to approve the March 2, 2005 minutes. Mrs. Dwyer seconded the motion. The vote was unanimous and the motion carried.

Agenda Item 3: Application for Yard Determination for Steven Levi of 10 Lawrence Road, Jewett, NY, Tax Map No. 130.00-4-17.2, District: Rural Residential. Present: Steven Levi
Mr. Levi stated he applied for a building permit to repair the foundation of his 1840 farmhouse. In the process of removing the additions in order to access the foundation, it was determined the house would not withstand the movement, and he was required to tear it down. He is applying to the Board to determine the front yard requirement to be 55-feet, in order to rebuild the house using the salvageable beams with a new foundation 18 x 24 feet, and covering the original footprint. His intention is to rebuild in a similar style of the old farmhouse. Mr. Levi also stated the 1-acre lot is a triangle shaped lot. Mrs. Dwyer reported on her site visit and Mr. Levi presented pictures of the original farmhouse as it was being renovated. Mrs. Dwyer stated vehicle access to the property is by use of a shared driveway from Lawrence Road. However, the front yard is on Beaches Corner Road, near the bridge that is closed. Access to the property from Beaches Corner Road is by a concrete stairway up a slight hill. Presently, there is no known plans to repair and reopen the bridge to vehicle traffic and therefore, that section of the road is a dead end. Members discussed the application and Mrs. Flaherty made the motion to determine the Front Yard of 55 feet meets the requirements to the ‘Maximum Extent Feasible’ for a pre-existing non-conforming lot in the Rural Residential District. Mr. Mallory seconded the motion. The vote was unanimous and the motion carried.

There being no other business, Mrs. Flaherty made the motion to close the meeting. Mr. Mallory seconded the motion. The vote was unanimous. The meeting ended at 7:29 PM.

Respectfully submitted,

Ann Dwyer
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Accepted