Town Board

JUNE 11, 2008                                   

     A regular meeting of the Jewett Town Board was held on Wednesday, June 11, 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, Building Inspector Thomas Cross, Zoning Officer William Dwyer, Justice Stephen Canfield,  Duncan Schmidt, NYSDEP, Town residents Werner Pscherer, Shawn Jaeger, Bill Saar, newspaper reporter Mike Ryan and the town clerk. 

     Councilwoman Warfield made a motion, 2nd by Councilman Quackenbush and carried accepting the minutes of the May 14, 2008 regular meeting.

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

     The Building Inspector’s monthly report was received by the Board.  An updated list of unsafe buildings was handed out for review. 

     Duncan Schmidt from NYSDEP was here to explain and discuss the local consultation process for land acquisition.   
     Mr. Schmidt said that as part of the MOA agreement of 1997 it’s the obligation of the NYSDEP to try and acquire property that meets the proper criteria.  These lands cannot be used for private or commercial development.  The agency is responding to federal and state mandates to spend up to $300 million more on deals over the next ten years.   He said it isn’t a matter of must buy but must try to buy parcels. 
 
     Town Justice Stephen Canfield informed the Board that beginning June 16, 2008 Monday night court hours will be from 5 P.M. to 7 P.M.

     The Town wide pick up date of September 2, 2008 for metal only was approved by the highway superintendent.  The Superintendent will check as to what constitutes “metal” and report that information at the July meeting.   

     The audit committee of Councilmen Hitchcock and McCrary audited the bills prior to the meeting. 
Councilman Hitchcock made a motion to approve the audit.  The motion was 2nd by Councilman McCrary and all Board members voted Aye.                                                                                                                         
     The general fund was $12,111.27 on abstract #6, claim numbers 141 to165.  The highway fund was $36,332.43 on abstract #6, claim numbers 94 to 113.
     Councilwoman Warfield and Councilman Quackenbush were appointed as the audit committee for July, August and September.

     Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried to hire an independent monitor for Colgate Lake.   They will monitor only and alert the authorities when a situation occurs.  They are not to confront anyone, simply be the eyes and ears.  They will be paid $15 per hour to monitor approximately 10 hours per week for a 4 to 5 week period this summer.  This will be subject to review.   Attorney Rappleyea will draw up a contract.  

     Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried approving one and one half hours of credit be given to the Planning and Zoning Board members who attend training on storm water information. 

     Zoning Officer Dwyer informed the Board that he has taken pictures at the business on County Rt. 17.  He will take another set of pictures at 30 days and compare the data.

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

     Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried to go into executive session at 8:37 P.M. on financial matters. 
     Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried to come out of executive session at 8:55 P.M.

     Supervisor Flaherty made a motion, 2nd by Councilman Hitchcock and carried approving the reimbursement of monies paid by a town resident for use of the Windham ambulance. 

     Councilman Quackenbush made a motion, 2nd by Councilman McCrary and carried adjourning the meeting at 9:15 P.M. 

                                                                          ______________________________________
                                                                            Patricia Merwin, Town Clerk RMC

TOWN OF JEWETT
PLANNING BOARD MINUTES
JUNE 5, 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 May 1, 2008.

 Mrs. Kutcher made a motion to accept the minutes which was seconded by Mrs. Nicholls. The motion passed unanimously.

Agenda Item 3: Donald J. Miller Application for Sketch Plan Review for property located at 877 Merwin Street, Jewett, NY 12444; Tax Map No. 110-7-2. District: Rural Residential.

Mr. Miller was present. Ms. Laubmeier accepted his application fee of $100. Mr. Rosedale brought the paperwork for this Sketch Plan Review, and shared two maps with the Planning Board. He had to work with Mr. Miller to improve the map provided by the surveyor, which appeared to have been blown up from a digital image, making it hard to read. Mr. Rosedale said he had a long talk with Mr. Bruce Maben, the surveyor, about that. It was also noted that a flaw in the Sketch Plan Review form does not provide space to describe what is being done with a project.
Mr. Miller is selling 2.5 acres to his daughter's best friend. His own house lies on Merwin Street, as does the property he is selling. The 2.5 acres is being subdivided from a total of 8.5 acres. Currently there are no buildings on the 2.5 acres to be subdivided. The shaded area of the map is the wooded area, and there may be a stream towards the back. The Planning Board shared the available maps, which were very sketchy. Mr. Miller pointed out his house by the "z" on the map.  Mr. Rosedale said he knows the area well as he lives across the street from Mr. Miller's subdivision. Mr. Miller also owns a piece of land across the street from the 8.5 acres.
There are 200' (two hundred feet) of frontage on Merwin Street. The PB inquired about utilities. Mr. Miller answered that there is a pole at 855 Merwin Street and that they may have to add one. The PB wondered if Merwin Street was one of those deeded to the center of the road; it is. Mrs. Nicholls located the parcel under discussion on the town map and confirmed the application statement that this is Rural Residential zoning.
The PB agreed that this project seems to be straight forward. Mrs. Bostrom said it needs classification as a minor subdivision, and told Mr. Miller he will need a regular survey and a list of abutting neighbors. She provided him with the Application for a Minor Subdivision and short form SEQR. Prior to approval of the Minor Subdivision, the Planning Board will also need a septic approval letter from the DEP.
Mr. Beers made a motion to approve the Sketch Plan. Mr. Rosedale seconded the motion. Mrs. Muth and Mrs. Nicholls abstained from the vote because the application form lacks clarity. However, the vote passed with the five other members of the Planning Board voting in favor of the motion.
Mr. Beers made a motion to declare this project a Minor Subdivision. Mr. Rosedale seconded the motion, and it passed unanimously.
Mrs. Muth suggested a revision of the Sketch Plan Review form to include adequate information describing the purpose and specifics of the project being subdivided. Mrs. Bostrom agreed, saying that under "B" the form needs more specification as to the action being proposed. Mr. Rosedale felt that the Minor Subdivision Application is also lacking in its request for descriptive information. A copy was downloaded from the internet for review. When the forms are revised, the date of revision should be stated on the form. Both forms should also be corrected to read "no more than 200' (two hundred feet) per inch" in regard to the size of the maps requested by the Planning Board.

Agenda Item 4: Pamela J. Thompson (Robert) Application for Sketch Plan Review for property located at 371 County Route 17, Hunter, NY 12442; Tax Map No. 129-5-7.2; District: Conservation.

The fee was earlier paid on this application. Ms. Laubmeier copied the application form and passed it out to the Planning Board. The PB noted that this Sketch Plan Review application was totally different from the one handed in from Mr. Miller. Mrs. Bostrom and Ms. Laubmeier intend to review the PB forms to make sure they are current.
The PB reviewed the information given by Mrs. Thompson. The application form was incompletely filled out, lacking the tax map number, the abutting neighbors list, and the acreage. The abutting neighbors will also have to be listed later on the survey map. Mrs. Thompson finished filling out the blank areas on the application. There are 18.96 acres to be subdivided into two lots in the Conservation zoning district. The proposed lots will be 9.21 and 9.75 acres respectively.
            The Planning Board decided the map provided by Mrs. Thompson is not adequate for a Sketch Plan Review. It lacks identification of wooded area and a pond, the topography, the creek which crosses the street, dimensions including road frontage, a list of utilities, and the list of abutting neighbors. The PB asked her to take her map back to the surveyor, Mr. Bruce Maben, for these revisions. The PB inquired whether the property extends to Rice Street. Mrs. Thompson said that her property does not, but the neighbor's property does.  Mrs. Thompson was given a short form SEQR. She was asked whether she plans to sell the property. She does plan to sell, but does not have a buyer yet, so a septic plan approval will be a consideration for the buyer to take care of. At the next meeting of the PB, this will still be at the Sketch Plan Review stage, as there is too much information lacking.

Agenda Item 5: Giambelli Estate Application for Boundary Line Adjustment for property on Scribner Hollow Road; Tax Map No. 148-2-4; District: Rural Conservation.

The fee of $50 was previously paid for this application. Mr. Mike Flaherty's pond encroaches on the Giambelli land, so the plan is to add that .14 acres of land to Mr. Flaherty's, so that the Giambelli land is free of the pond. Mr. Dan Fancher is representing the Giambelli estate in this matter. He had provided three descriptions of the land to be transferred. One was the dimensions of the land without taking the .14 acre out of it, one was just the .14 acre, and another was of Mr.Flaherty's land with the .14 acre added to it. Mr. Fancher provided these descriptions because he was not sure how a lawyer would want to handle it.
            The information provided included new maps from Mr. Fancher and a signed application from Mr. Flaherty which Mrs. Bostrom added to the file. She had earlier called Mr. Rappleyea to ask whether the Planning Board should file a SEQR on a Boundary Line Adjustment, because it is not in the Town of Jewett law. He advised the PB to do so because it is in the regular laws. Mr. Fancher filled out the short form SEQR provided by Ms. Laubmeier while the PB reviewed the items on the rear page. Mrs. Kutcher made a motion to give the SEQR a negative declaration, and Mr. Rosedale seconded the motion, which passed unanimously.
            The Boundary Line Adjustment was then submitted to a Roll Call vote. Mrs. Muth made a motion to approve it, and Mrs. Nicholls seconded the motion. Mr. Beers - aye; Mrs. Bostrom - aye; Mr. Jacobs - aye; Mrs. Kutcher - aye; Mrs. Muth - aye; Mrs. Nicholls - aye; Mr. Rosedale - aye. The vote passed unanimously and the Boundary Line Adjustment was accepted.
            Mrs. Bostrom signed all the maps. A question arose as to who was to file the Boundary Line Adjustment, whether Mr. Flaherty or the people from the Giambelli estate. Mr. Fancher said that the attorney for the Giambelli estate was in New York City, and offered to take care of the matter.

Agenda Item 6: Mark Jupiter Application for Sketch Plan Review for property located at Shad Road; Tax Map No. 132-2-73; District: Rural Residential.

Mr. Fancher is representing Mr. Jupiter's project. He provided a signed letter of representation. Mr. Fancher spread the maps among the Planning Board, and commented that he has only seen the place aerially so he doesn't have all the details drawn in yet. He believes a house and barn exist on the property, which is at the very end of Shad Road. It is to be subdivided into two lots: Lot 1 will be 5 acres and Lot 2 will be 146 acres from a total of 151 acres. Mr. Rosedale asked whether the dimensions could be calculated tonight to place on the Sketch Plan Review map. Mr. Fancher said he could, but noted that the house could shift. The owner wanted extra access along the road frontage to the back acreage and left a corridor next to the boundary.
            Mrs. Bostrom has received phone calls from someone in the area complaining about excess water running in the area which generated some concern among the Planning Board. Mr. Fancher pointed out the area of a pond that he believes is going to be part of the five acre parcel along with the house and barn not yet illustrated on the survey. A trail goes up to the state land in the back. The 146 acres lot may be going to the DEP.
            The map needs to have house, barn, pond, stream, wooded areas, wetlands, and all dimensions added to it. Mr. Fancher hopes to have the survey complete by the time he comes back. Mrs. Bostrom had asked Mr. Rappleyea whether the Planning Board needed a septic approval letter if the land was going to be a DEP acquisition. He advised her to get it in case the people later change their minds about selling to DEP. The PB has waived the septic rule at times making it contingent upon later development. Mr. Fancher said that the soil test and the DEP letter have been sufficient before other planning boards. Mrs. Bostrom agreed that a septic designed to be approved by an engineer does not fit this case at this time, but commented that the requirement is part of the Town of Jewett law. The PB generally agrees with whatever approval the DEP sends it. Mrs. Bostrom made a note to clarify this information for both the PB and Mr. Fancher. Any waiver of this rule made by the PB is marked on the plat.
            Mrs. Bostrom questioned whether the information is adequate for the Sketch Plan. Mr. Fancher expects to have all the details by the next meeting. He asked if at that time the PB could approve the Sketch Plan and begin work on the Minor Subdivision. Mr. Fancher has not been on the property to survey it yet. The Planning Board also needs to know about existing structures. Mrs. Bostrom commented the PB also needs permission approval from the DEP, so the PB agreed to take no action this month, and Mr. Fancher will appear before the Board next month with a preliminary plat. Ms. Laubmeier gave him an application for a Minor Subdivision and the short form SEQR.

Agenda Item 7: Martin Seligman Application for Sketch Plan Review for property located at 1480 Goshen Street; Tax Map No. 111-1-59; District: Rural Residential and Rural Conservation.

Mr. Fancher is representing Mr. Seligman and provided a letter of representation. It was noted that the maps he originally sent have contour lines, but the new ones he brought do not, so the former were reviewed. The proposed subdivision includes three lots: Lot 1 with a barn and buildings sits on 20.1 acres, Lot 2 is 29.8 acres, and Lot 3 is 10 acres. The owner intends to keep Lot 1, and the others may be going to his children. The area is mostly fields, but Mr. Jacobs pointed out some ledges that should be shown if they are distinguishable features of the land. There are also wooded areas and a swampy area. The intersection of Merwin Street and Butternut Lane was questionable on the map, and Mr. Fancher pointed it out to the Planning Board, promising that labeling will be improved. The map in the upper right hand corner of the Sketch Plan has better illustrations of the roads. He had taken the drawing from an older one to get it up to the Sketch Plan Review. He said the contours will not be a problem for a septic plan and there are plenty of road frontages for everyone.
            The Planning Board summarized that it needs a SEQR on the two lots without buildings and DEP letters of approval for a septic design. The PB commented that there are too many variables in designing a septic for a vacant lot which someone may build on or not. Earlier properties have been approved without needing septic plan approval, but contained a contingency waiver. Mr. Fancher asked for a decision on whether or not a perk test is required, saying that with the planning boards of other towns, this is all that is needed. Mrs. Bostrom replied that the Jewett PB regulations require a survey and a letter of approval from the DEP engineer. She advised Mr. Fancher to speak to the DEP on the matter.
            Mrs. Muth made a motion to accept the Sketch Plan and declare this a Minor Subdivision. Mrs. Kutcher seconded the motion, and it was unanimously approved.
            Mr. Fancher requested a slot on the Planning Board agenda next month, saying that he will continue with the Seligman and Jupiter projects unless for any reason he cannot get the surveys ready for next meeting, then he will let the PB know.

Agenda Item 8: 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.

Sandra Peterson represented Kaaterskill Engineers tonight to give a status report on this project. Mr. Van Deusen of Lamont Engineering has signed a contract with the Town of Jewett as consultant in this project, which she said all parties have signed. Mr. Elsom has provided Mr. Van Deusen the necessary information regarding this case and Kaaterskill Engineering is waiting for his comments. The Town of Jewett received $3,300 which was the amount of the application fee for this subdivision and mistook it for the escrow funding. Ms. Laubmeier explained that the matter got confused and promised to straighten it out. (Since this meeting Ms. Laubmeier has corrected the matter and was told by Donna Lukas that a check was in the mail toward the escrow fees.)
            Mrs. Bostrom had a call from Mr. Rowe, Chair of the Windham Planning Board, and learned that Windham Planning Board may be putting a moratorium on its subdivisions which may affect the Brittny Estates building site. She said that Windham shares Jewett's concerns about what might be visible from the mountain top. Ms. Peterson said that Mr. Elsom also has contact with Tom Rowe, so he will try to solve potential problems.

Agenda Item 9: Lars Peters of Acorn Drive, Jewett, NY; Application for Major Subdivision, Tax Map No. 112.00-3-81: Rural Residential District.

Ms. Peterson is also representing Kaaterskill Engineering for Mr. Peters tonight. Ms. Laubmeier reminded her that Mr. Peters has paid no application fee or escrow money. Ms. Peterson replied that Mr. Peters will be withdrawing this application because of the cost of the fees, the roadway, and the consultant.
Mrs. Bostrom mentioned the monies the Town of Jewett had spent so far in contracting with the consulting engineer for the work that Mr. Peters had said he wanted done, and said that this created a problem. She called Mr. Rappleyea and asked him to create a form that a client must sign promising to cover that expense. She further made Ms. Peterson aware that the Planning Board has not received an application fee from Mr. Peters, and that it has already spent a considerable amount of time on his case.
Ms. Peterson said that Mr. Peters may instead submit an application for two more lots as a minor subdivision and sell his remaining land to New York City. The Planning Board reminded her that it had become a Major Subdivision already because of what he has previously built. Apparently Mr. Peters did not understand that previous lots subdivided on a property are counted as part of the total that may be built there. A house is going up now on Lot 4, and this is considered part of the original piece, and which Ms. Peterson said was approved before the moratorium. Once a fifth parcel is created, as it was on the application under discussion, a project will be considered a major subdivision.
Mrs. Bostrom read from the law which spoke of the resubdivision of a subdivision, and said anything new would have to be interpreted from that, and that his unpaid expenses might be considered too. Ms. Peterson said Mr. Peters would like to avoid the cost of putting in a road, and wondered whether he avoided putting in a road if there need be the expense of a consultant engineer. The Planning Board said, “Maybe.” Much would depend on the new configuration of the lot(s) proposed and careful interpretation of all variables. Ms. Peterson discussed Mr. Peters’ plan to put in possibly two more lots and how he would set up the driveways. Ms. Peterson is to send the PB a letter stating Mr. Peters’ intention to withdraw this application.

Agenda Item 10: 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.

Mr. D'Acunto brought the Planning Board an enlarged map redefining the areas within the Town of Jewett where he will ride including state lands at the ends of Shad Road and Colgate Lake Road, and at Barnum Road. There is a smaller area that Ms. Iocca promised to blow up even further for the PB. Mrs. Nicholls and Mrs. Muth reviewed the roads marked on the map. He has included areas where roads go on to state land and how they line up to Griffen Road and Barnum Road.
            The Planning Board also received from Mrs. Muth the letter requested of the East Jewett Fire Department, which she read aloud. The letter answers how the EJFD would respond to an emergency there. Any fire hose will have to be laid from Boy Scout Road. Mrs. Bostrom thought the letter fails to answer the Planning Board's question about whether improvements to the road will help access. Mrs. Muth replied a new road will not change the conditions up there, which also apply to other camps in the area. The slope of the land is what makes access difficult. The East Jewett Rescue Squad can meet emergencies because it has a four wheel drive vehicle that can access the area. Mr. D'Acunto said he intends to fix the driveway anyway for his own use. Mrs. Bostrom reinforced her point that the EJFD did not adequately answer the PB's letter by reading Mr. Mallory's reply to the same question. Mrs. Muth said that will not matter to the EJFD; they will not use the driveway anyway, because they will stage firefighting from Boy Scout Road.
Mr. Rosedale has been out to visit Mr. D'Acunto's property, and Mr. D'Acunto extended invitations for all Planning Board members to visit. Mr. D'Acunto left his map for the file, saying he has other copies to make his enlargements from. He promised to send the copy to Ms. Laubmeier at home so that the PB could have copies sooner. Mr. D'Acunto asked about the letter Mrs. Bostrom sent to Mr. Cohen with the questions from last month's discussion. She had not heard from Mr. Cohen and neither had Mr. Rappleyea. Ms. Laubmeier made copies of Mrs. Bostrom's letter to Mr. Cohen available to all parties. Mr. D'Acunto wondered about the number of horses per acre not counting the easement, saying that some of his horses are stalled on the easement, and not on his acreage. Mr. Rosedale told him that didn't change how the laws apply; the law requires a half acre per horse. Mr. D'Acunto mentioned his second parcel of land as listed on the agenda, arguing that brings the total amount of his land up. Mrs. Bostrom reminded him this is not under discussion tonight. Mr. Rosedale and Mr. D'Acunto discussed the probable profitability of his horse business: It's not going to be high.  Mr. D'Acunto said that the business has more therapeutic value to him. He requested to be placed on the agenda for next month's meeting on July 3rd, and Mrs. Bostrom said the PB will discuss open trails.
           
Agenda Item 11: Report from Greene County Planning Board Representative Gene Beers.

            Mr. Beers said that he was ill and did not attend the meeting.

Agenda Item 12: Report from Town Board liaison J.R. Quackenbush.

            Mr. Quackenbush had to leave early.

Agenda Item 9: Other Business

Mrs. Bostrom received and read a note from Mr. Flaherty regarding the adoption of an Eastkill Stream Management Plan, Type 1 assessment plan, and part of the long form SEQR asking whether the Planning Board approved of the Town of Jewett being the Lead Agency in this matter. The PB agreed to let the Town of Jewett hold that position.
            Mrs. Bostrom also received notice of the Schoharie Watershed Tour to be held June 21, 2008 from 9am to noon at CD Lane Park in Maplecrest.
            Discussion arose about DEP's expanding the definition of hamlets. Apparently this is intended to prohibit DEP from soliciting land in these areas, but does not prohibit a seller from soliciting the DEP. The DEP definition of hamlet is not the same as the Town's Zoning Law. It would increase the size of current hamlets by a half mile in all directions just to offset DEP solicitation. The implications in regard to towns with zoning laws, however, may lead to confusion.
            The Planning Board discussed improving the Sketch Plan Review process. Members expressed their concern that some professional surveyors do not provide adequate land markings on the maps for their clients. Mr. Rosedale said there is an the error on the form that read maps should be "no less than 200 feet to the inch." Rather the form should read "no more than 200 feet to the inch."
After discussion concerning professional surveyors who do not provide adequate information for their clients, an idea was expressed for sending surveyors a copy of the Planning Board requirements for the Sketch Plan Review maps for their clients along with a cover letter stating the intention of the PB to facilitate the processing of their applications. The form must be revised first. At that point, the PB should go back two or three years in selecting surveyors for the mailing, so it does not seem prejudicial.
The Planning Board reflected about how people used to come in with a drawing on a piece of paper and asked if it was a feasible idea, then wondered about skipping the Sketch Plan Review process to bring the total subdivision process forward as one step. PB members have felt uncomfortable about charging people for the preliminary process and having to turn them down because their presentation is not up to standards. It might be feasible to approach the Town Board about eliminating the Sketch Plan Review process to make the process friendlier for the applicants, because the requirements for that and the Application for Subdivision are almost the same.
            At 10:50pm the meeting adjourned. Mrs. Nicholls made the motion to close the meeting; Mr. Rosedale seconded the motion, which passed unanimously.

Respectfully Submitted,

  Susan Laubmeier, Clerk

_____________________________
Jane Bostrom, Chair