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Town Board Minutes |
| Town Board June 13, 2007 A regular meeting of the Jewett Town Board was held on June 13, 2007. Supervisor Michael Flaherty called the meeting to order at 7 P.M. Present were Board members Thomas Hitchcock, Charles Kutcher, Elaine Warfield and Harry T. Wilson. Also present were Attorney for the Town Tal G. Rappleyea, Building Inspector Thomas Cross, Zoning Officer William Dwyer, Superintendent of Highways Robert Mallory, Greene County Emergency Services Director John Farrell and Deputy Director Gary Goodrich. Town residents Michael McCrary, Francis Benjamin, Jeff Loucks, Robert and Dena Lawrence, John Sandleitner, Al Olivieri, David Slutzky, Steve Canfield, William Mead, David Kessler, Tim Osborn, Michael Pelham and the town clerk. The Public Hearing was opened on the Amended Sign Law. There was no comment from the public. The Public Hearing was opened on the Outdoor Wood Furnace Law. Al Olivieri said he was not opposed to the outdoor furnaces but would like to see them done properly. Councilman Kutcher said the law states the furnace should be installed according to manufacture's guidelines. David Slutzky said he just heard about the hearing and asked if the Board's intention was to ban the outdoor furnaces. Robert Lawrence said he was against the law because “it's foolish and unnecessary in this area.” John Sandleitner asked why the action was being taken. Councilman Hitchcock stated, “We're not outlawing anything. We just want them done in conformity with the best practices existing now. Anything already there is grand fathered.” Mr. Landleitner asked, “What manufactures have you contacted specifically? Councilman Kutcher, “None, just the EPA guidelines which represent the manufactures who represent 80% of the stoves currently manufactured.” Councilman Wilson, “The purpose of the law was not to outlaw outdoor furnaces but to anticipate and deal with any problems.” Supervisor Flaherty, “I'm in agreement. We're trying to be preemptive by following the EPA and manufactures guidelines.” Councilwoman Warfield made a motion to look at the law further, 2 nd by Councilman Hitchcock and carried. This item was tabled. The public hearings were closed. Supervisor Flaherty made a motion to adopt Local Law #7 of 2007. This law is entitled “Regulating the Design and Placement of Signs.” The motion was 2 nd by Councilman Wilson and carried. Greene County Emergency Services Director John Farrell discussed the two fire protection districts in the Town. An ISO, insurance services organization, representative was suggested. The consultant would be able to evaluate how the departments operate as fire protection districts within the Town. Councilwoman Warfield will contact the ISO representative currently helping the Village of Hunter to set up a meeting date for a presentation. A letter will be written by the Town and sent to our State Representatives concerning the placement of a dry hydrant at Colgate Lake. Councilman Hitchcock made a motion, 2 nd by Supervisor Flaherty and carried accepting the minutes of the May 12, 2007 regular meeting. The Supervisor's monthly report was given to the Board and bank statements were made available for review. The Building Inspector gave out his written monthly report. He is a little more active with permits but not as much as last year. Councilman Hitchcock made a motion, 2 nd by Councilman Kutcher and carried to accept the monthly report. The Zoning Officer gave out his written monthly report. He said there wasn't much activity. Councilman Wilson made a motion, 2n by Supervisor Flaherty and carried to accept the monthly report. A written report was received from the Assessor. The Board agreed that the Assessor take the next step to grieve the Town's equalization rate. The Board agreed to have a Town wide pickup in September. The same format will be used as last year. Notice will go in the newspaper prior to the pickup. A motion was made by Councilman Kutcher, 2 nd by Councilman Wilson and carried to declare the conveyer surplus. The Superintendent will bid it out. The Board looked at a map provided by Nan Stolzenburg showing areas in the conservation districts that possibly could be considered for adult uses. This item was tabled. Councilman Hitchcock made a motion, 2 nd by Councilman Wilson and carried approving Resolution #8. This resolution is a TE-9 for a speed limit reduction on Route 23C beginning at the Lexington town line and ending at County Rt. 17. ROLL CALL Aye Flaherty, Hitchcock, Kutcher, Warfield and Wilson. Councilman Hitchcock contacted the owners of the property adjoining the municipal building to see if they were still interested in selling their property. They indicated it was available and they are interested in talking with the Town about selling. The Assessor will be asked to appraise the property and inform the Board of her findings. After examining the old school house at County Rt. 23C and County Rt. 13 the Board agreed the building should be demolished. Councilman Wilson made a motion, 2 nd by Supervisor Flaherty and carried to ask the County for an increase in rent from $900 per month to $1,000 per month. This is for the use of the kitchen and dinning room for a Senior Service Center in the Municipal Building. . Councilman Kutcher made a motion, 2 nd by Councilman Wilson and carried to increase the fee paid the web master from $114 per month to $125 per month. Budget workshops were scheduled for September 5 th and 19 th from 9 AM to 12PM. A workshop meeting was scheduled for June 19 th , 20 th or 21 st to go over the latest plan from Wallent Architects at 7 PM. The Supervisor will let the Board know a definite date. Interviews for reappointments to the planning and zoning boards will be done in September. 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 2 nd the motion and all Board members voted Aye. The general fund was $20,793.74 on abstract #6, claim numbers 133 to 162. The highway fund was $23,882.31 on abstract #6, claim numbers 93 to 117. Councilwoman Warfield and Councilman Wilson were appointed as the finance committee for July, August and September. Councilman Hitchcock made a motion, 2 nd by Councilman Kutcher and carried accepting the April financial report. The Board was in agreement that an annual audit should be done. Supervisor Flaherty will ask the auditors to speak with the Board about the most recent audit and possibly make recommendations to remedy the problems listed on their report. There being no further business the meeting was adjourned at 9:30 P.M. on a motion by Councilman Kutcher, 2 nd by Councilman Hitchcock and carried. ___________________________ Patricia Merwin Town Clerk RMC
Workshop Meeting June 20, 2007 A workshop meeting of the Jewett Town Board was held on June 20, 2007. Present were Supervisor Michael Flaherty, Board members Thomas Hitchcock, Charles Kutcher, Elaine Warfield and Harry T. Wilson. The purpose of the workshop was to review the latest architectural designs submitted by Wallant Architects for the kitchen and dinning room in the municipal building. The Board would like the safety recommendations addressed and will request an estimate from the architects to complete the project. I apologize to the Board for missing this workshop. ________________________________
June 7, 2007 Agenda Item 1: Meeting called to order at 7:30pm Roll Call: Chair: Jane Bostrom Agenda Item 2: Approval of Minutes of May 3, 2007. The Planning Board reviewed the minutes of May 3, 2007 with minor changes in Agenda Item No. 5: certain items regarding the Scott Sandler case needed clarification. There was a question about a letter received from the DEP seeming to approve the existing plans. The Kaaterskill representative Dave Wieman spoke from the floor. He said that this was a letter to determine all paperwork was in order, and that while the DEP can do in-house SEQR, they certainly recognized the Town of Jewett Planning Board’s position as Lead Agency. Mr. Wieman also commented that their client did not want to comply with flood plain standards regarding the stream, so Kaaterskill relocated the house to one hundred feet from the edge of the creek. Mrs. Nicholls commented that the former owner of the property was constantly seeking a tax reduction because the creek washed away the driveway. Mr. Beers expressed the opinion of Mr. Flaherty at last month’s meeting – that once DEP experts have approved something we really can’t change it. Mrs. Bostrom ruled that this discussion continue according to the schedule of the agenda. The minutes were corrected and approved. Agenda Item 3: Thomas A. and Earnest J. Tolve: Kramer Road and Route 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. Last month the Planning Board had voted to approve the Sketch Plan and to declare this a minor subdivision, but this month Mrs. Bostrom, who was absent last month, questioned the road frontage on this property as not meeting Jewett regulations of 200’. The parcel is very long and narrow, and does not even reach the recommended footage of width throughout its length. Joe Vanucchi, who was representing Mr. Tolve, needs to provide the Planning Board with an Application for Minor Subdivision. Upon reviewing the newer maps provided by Mr. Vanucchi, Mrs. Bostrom advised him to request an exemption from the 200’ width rule. Mr. Rosedale inquired about the exact width of the frontage. The rear of the property is approximately 190-198’; the front of the parcel as it is now, undivided, is approximately 140-150’. Mrs. Bostrom pointed out that the new maps label the proposed road to the rear parcel as a right of way, not a road. Mr. Vanucchi answered that they had set it up this way out of some type of consideration for how the purchaser of this proposed property would view the property line. Mr. Beers pointed out that this area could be labeled as a drive way and not a road. Fifty feet is required for width of a corridor accessing a flag lot and this is fifty-three. Ms. Laubmeier provided Mr. Vanucchi an Application for a Minor Subdivision and a SEQR. 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 was present at the meeting, and brought with him a larger map, which the Planning Board reviewed. The property has road frontage along the eastern side of Helsey Road, and is nearby to Karl Road and Route 23C. Mrs. Bostrom questioned the amount of frontage of the proposed subdivision. Mr. Vales replied that it is about 400’ and that he plans to build a house there. There are no buildings on the acreage except for an old wooden structure that was probably a camp for the previous owners’ kids. There are some wetlands, but they are at the far end of the 52.6 acres from the proposed building site. Mrs. Bostrom questioned whether there are any easements; Mr. Vales replied that there are none he knows of and nothing came up at the closing on the property. Mr. Vales replied that the property is relatively flat in response to a question by Mr. Rosedale. Mr. Rosedale further inquired whether Mr. Vales would be seeking representation by Kaaterskill Engineering, and Mr. Vales said that he had already spoken to a Susan over there, and that if this is approved, he will have them do some of the work. His next step regarding the Planning Board would be an Application for Minor Subdivision. Ms. Laubmeier gave him that application and the SEQR. Mr. Quackenbush made the motion to approve the Sketch Plan; Mr. Rosedale seconded this, and the motion carried unanimously. 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. Dave Wieman was the representative for Kaaterskill Engineering at the meeting. The Sketch Plan Review was not approved last month because the Planning Board cannot accept two residences off one driveway, but Mr. Wieman brought a new map with some changes. Mrs. Bostrom questioned the frontage of 90’, but Mr. Wieman pointed out that the plans meet the 200’ lot width requirements for a rural residential parcel at the building line. Mrs. Nicholls observed 150’ radial lines on the map of the house. Mr. Wieman said that Kaaterskill Engineering designs that way: 100’ for the well and 150’ from the septic field. Kaaterskill Engineering has already had the DEP out on the site, and they have an approval letter for the septic which he shared with the Planning Board. Mrs. Nicholls raised the drainage question for the driveway as that was quite a problem for the previous owner. Mr. Wieman said the drainage is designed for improvement. Mrs. Bostrom asked Mr. Wieman whether Kaaterskill Engineering has involved the Watershed Assistance Program in this matter, and he replied that this design does not really affect the water quality. Mrs. Nicholls observed that the steel sluice pipe had been removed from the design, and questioned whether the septic field would freeze. Mr. Wieman assured her that he did not believe it would. Kaaterskill Engineering has projected plans for a standard 30’x50’ house, but is uncertain of the owner’s final plans as he intends to sell the parcel. The DEP has restrained the leach field to a 3-bedroom house that must meet the setback requirements from the water’s edge; the house is diagrammed at 105’ from the creek bank. Mrs. Bostrom would like to see the final map reflecting the new driveway to the original house; Mr. Wieman said he would provide it. This requirement became a condition for approval of the application. Mrs. Nicholls asked whether the drawing is to scale 50’ for the flag lot; Mr. Beers stated he did not consider this a flag lot. Mr. Wieman said there is still 200’ of road frontage on the original property on 23C. Mr. Rosedale asked further questions about the maps, and said the survey should include the entire thing, including the changes to the driveway for the original house on the larger parcel. Mr. Rosedale then asked the Planning Board if it could approve the Sketch Plan tonight, or whether it first needed the completed plans for the entire subdivision. Mr. Wieman pushed to schedule a public hearing. Mrs. Bostrom said that she would first like to see the completed plans, and reviewed with Mr. Wieman what is needed for these by referring to the application steps on the back of the Application for Minor Subdivision. Mr. Rosedale summarized this, stating the Planning Board needs a plot plan showing both the lots, all neighbors, and utilities. Mr. Wieman gave the Planning Board a complete set of his current copy of the maps for this prospected subdivision. Mr. Wieman again requested to set a public hearing date wishing to utilize time. Mrs. Bostrom answered him that the Planning Board first needs the new maps, and that the Planning Board has been burned before by people not honoring their promises when it has committed to a public hearing before its requirements have been met. Mr. Wieman asked Ms. Laubmeier what the deadline was prior to sending a notice to the paper regarding a public hearing. Mr. Wieman and Ms. Laubmeier decided that the 15th of the month would be a good calendar deadline to establish for receiving the maps; this way the Planning Board will not set up a false public hearing. Mrs. Bostrom asked the Planning Board whether we should set up a public hearing. Mr. Beers made the motion; Mr. Quackenbush seconded the motion, and it passed unanimously. Ms. Laubmeier provided Mr. Wieman with a Notice of Public Hearing sign, a copy of the letter to send his neighbors, and a note certifying that the sign had been posted. Mrs. Nicholls suggested the Planning Board walk the property in question before it approves the proposal. Mr. Beers reiterated his opinion that once DEP approval is given, we cannot change it. The Planning Board as Lead Agency completed the SEQR. Mrs. Nicholls and Mrs. Bostrom made note of the possibility of a problem if this is not handled correctly: with flooding of the stream, there is a risk of flooding and erosion. Mr. Wieman referred to the email received from Brenda Drake that is in the file; the DEP had requested a short form EAF. The Planning Board stated on the SEQR that the creek flooding has been problematic in the past. This is basically a negative declaration considering DEP’s approval. The motion was made by Mr. Beers for a negative declaration, seconded by Mrs. Nicholls, and passed unanimously. Mrs. Bostrom requested Ms. Laubmeier to send a copy of SEQR form to Ms. Shanahan of DEP. Agenda 6: Harrison and Wilmary Soule and John Giordano, Application for Minor Subdivision on property located at County Route 13, West Jewett, NY: Tax Map No. 110.00-6-29.1: Rural Residential. Property of 13.08 acres holds a conservation easement; the 2.5 proposed building site is contained within the property but is not part of the easement. The Planning Board had received the requested a copy of the conservation easement agreement signed by the NYC Watershed and the fee for the Minor Subdivision Application. Mr. Giordano provided the Planning Board with maps surveyed by RETTEW Engineering. The 13.08 total acreage is being subdivided from Mr. Soule’s property; the 2.5 acres intended for building a house for Mr. Giordano, which is part of these 13.08 acres, is not part of the conservation easement. Mrs. Bostrom asked Mr. Giordano if all of this was recorded in Catskill, and he replied that it was all completed in 2004. When subdivided it will receive a new tax map number. Mrs. Bostrom wondered whether a conservation easement could be subdivided. Mr. Giordano believes that the original owner can sell two parcels, but cannot break it down any further. The Planning Board questioned the total amount of conservation easement of the original property, and Mr. Giordano said that approximately 90% of his uncle’s farm was set up as conservation easement. The building site satisfies the rule for road frontage having 320’ with the driveway opening directly on to County Route 13. Currently it is a gate in a barbed wire fence. Mrs. Bostrom observed there are no plans for a house yet, so the Planning Board has no plans for a septic plan, et cetera. Mr. Beers observed that there are no setbacks on the easement because it is one lot, so that gives this proposal more clearance for septic approval. Mr. Giordano said he had unofficially dug perc holes in the lower right corner of the 2.5-acre building site. Mrs. Bostrom expressed concern about this putting the Planning Board in a bad position, but since the actual total of 13.08 acres and not a total of 2.5 acres are being subdivided, the Planning Board can waive the septic requirements for the present. Mr. Beers motioned to declare the Planning Board Lead Agency for the SEQR; the motion seconded by Mrs. Nicholls passed unanimously. The SEQR was completed by the Planning Board and given a negative declaration. Mr. Beers motioned to approve the SEQR; the motion seconded by Mrs. Nicholls received a unanimous vote. Mrs. Bostrom asked Ms. Laubmeier to send a copy this SEQR to Ms. Marilyn Shanahan of the DEP. The Planning Board agreed to a public hearing for Mr. Giordano next month. Ms. Laubmeier gave Mr. Giordano the notification of public hearing letter to send to his neighbors, the certification letter of sign posting, and the sign to post for the public hearing. Mrs. Bostrom read him the regulations he needs to follow for the public hearing: Mr. Giordano must post the sign and notify his neighbors by certified mail ten days before the public hearing. Agenda 7: Werner and Helga Pscherer Application for Sketch Plan Review of a parcel they are trying to subdivide down the middle. Tax Map No. 110.00-6-95: Rural Residential. Mr. Pscherer brought maps with him, the Sketch Plan Review, the $100 fee, and the SEQR. He also had a larger map of existing plans. The Planning Board examined the layout. Rural Residential has a 2.5-acre minimum. Mr. Rosedale asked a question in relation to the well’s position in regard to the property line: the proposed dividing line passes directly over the well. The Planning Board said that a septic system must be 10’ away from a property line, but nothing is written into the law about a well. Mrs. Bostrom said the plan looks doable. Mr. Quackenbush made the motion to approve the Sketch Plan; Mr. Rosedale seconded the motion, which passed unanimously. Mrs. Bostrom advised Mr. Pscherer to get in touch with the DEP regarding septic approval. Ms. Laubmeier gave Mr. Pscherer the Application for a Minor Subdivision; he already has the SEQR. Agenda 8: Report from Greene County Planning Board Representative Gene Beers Mr. Beers said that the Greene County Planning Board had a quorum this month. There were four items on the calendar, but it was minor stuff. For anybody with a good web connection, there are revised maps on the planning site for agricultural district, floodplains, wetlands for any town in the county. A good connection is needed because of the amount of data to download: a phone connection will not cut it. Mrs. Bostrom said the Planning Board ought to go out and look at properties in the planning process more, for example the Sandler lot which has raised so many questions about the problem for flooding and erosion with the stream undercutting the bank. Mrs. Nicholls arranged with the other Planning Board members to go and do just that. There being no other business, Mr. Rosedale motioned to adjourn meeting; Mr. Beers seconded. The vote was unanimous. The meeting closed at 10:00 pm. Respectfully Submitted, Susan Laubmeier, Clerk
_____________________________ 6/06/2007
The meeting opened at 7:03 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 of January 3, 2007. Mrs. Flaherty made the motion to approve the minutes. Mrs. Williams seconded the motion. The vote was unanimous and the motion carried. Agenda Item 3: Application for Area Variance for Patrick Reilly of 2914 Route 23C Jewett, NY, Tax Map 131.00-1-15 District: Rural Residential. Present: Skip Dippoilet
Agenda Item 4: There being no other business, Mrs. Flaherty made the motion to close the meeting. Mrs. Williams seconded the motion. The vote was unanimous. The meeting ended at 8:20 pm. Respectfully submitted, Ann Dwyer, __________________________________
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