Town Board
July 9, 2008
A regular meeting of the Jewett Town Board was held on Wednesday, July 9, 2008. Supervisor Michael Flaherty called the meeting to order at 7 P.M. Present were Board members Michael McCrary, JR Quackenbush and Elaine Warfield. Present were Attorney for the Town Tal G. Rappleyea, Superintendent of Highways Robert Mallory and Zoning Officer William Dwyer. Councilman Thomas Hitchcock was absent. Also present were town residents Frances Benjamin, Ann Dwyer, County Public Health Director Marie Ostoyich, newspaper reporter Mike Ryan and the town clerk.
Councilman Quackenbush made a motion, 2nd by Councilman McCrary and carried accepting the minutes of the June 11, 2008 regular board meeting.
The Supervisor’s financial report for June was given to the Board.
Councilman Quackenbush made a motion, 2nd by Councilwoman Warfield and carried accepting the Building Inspector’s monthly written report.
The Zoning Officer presented his monthly written report.
The zoning officer said photos were taken of the front of the business on County Rt. 17. A second set of photos of the back of the property will be taken early next week and he will have a status report at the August meeting.
Councilwoman Warfield said the Jewett Fire Company had asked if the fire tax would be different for their district because they received a different amount of aid this year. She told them that as far as she knew the Board voted in January or February of this year that the rates were going to be different. When the Councilwoman spoke with the Assessor, who had spoke with the County Director of Real Property this was not the case.
Attorney Rappleyea said “Your tax bill is what it is and you can’t change it from one district to the next. Just because one portion of Town has a different contract it’s still the same because it’s based on the dollars per thousand”. Attorney Rappleyea will talk with the County Director and get a final clarification on this.
Greene County Public Health Director Marie Ostoyich gave a presentation on services provided by public health and spoke specifically on pandemic influenza.
The Superintendent said the town wide pick-up will be conducted September 2, 2008 for metal only. Greendell will remove the metal at no cost to the Town; however the Town will have to pay for the rental of the bins the metal goes in.
The Board approved the continuance of a monitor at Colgate Lake for a further 4 week period.
The audit committee of Councilwoman Warfield and Councilman Quackenbush audited the bills prior to tonight’s meeting.
Councilman Quackenbush made a motion to approve the bills. Councilwoman Warfield 2nd the motion and Board members voted Aye.
The general fund was $14,808.19 on abstract #7, claim numbers 166 to189. The highway fund was $20,836.14 on abstract #7, claim numbers 114 to 130.
Councilman Quackenbush made a motion, 2nd by Councilman McCrary and carried accepting the Supervisor’s May financial report. Bank statements were made available for review.
After looking at evidence of payment Councilwoman Warfield made a motion, 2nd by Councilman Quackenbush and carried to pay the ambulance cost to the estate of Benjamin Bagnato. Supervisor Flaherty voted Nay.
Supervisor Flaherty made a motion to go into executive session on financial and personnel matters at 7:56 P.M., 2nd by Councilman Quackenbush and carried.
Supervisor Flaherty made a motion, 2nd by Councilman McCrary and carried to come out of executive session at 8:50 P.M.
Councilman McCrary made a motion, 2nd by Supervisor Flaherty and carried approving Resolution #14. This resolution will go to the Planning Board and Zoning Board of Appeals. The resolution states the Town Board acknowledges the labors of the members of the Planning and Zoning Boards and commends each for their commitment, enthusiasm and objectivity.
ROLL CALL VOTE Aye Flaherty, McCrary, Quackenbush and Warfield
Supervisor Flaherty made a motion, 2nd by Councilman McCrary and carried adjourning the meeting at 8:57 P.M.
____________________________
Patricia Merwin, Town Clerk, RMC
PLANNING BOARD
JULY 3, 2008
Agenda Item 1: Meeting called to order at 7:35 pm
Roll Call: Chair: Jane Bostrom
Members: Gene Beers, Carol Muth, Janet Nicholls, and Paul Rosedale
Absent: Steve Jacobs and Joan Kutcher
Agenda Item 2: Approval of Minutes of June 5, 2008.
A small correction was made to the minutes of June 5, 2008 on page 7. The motion to pass the minutes was made by Mrs. Muth and seconded by Mrs. Nicholls. It passed with an affirmative vote by all present.
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 paid his Application for Minor Subdivision fee of $200. Mrs. Bostrom passed out the new maps received along with his subdivision application. The application requests 2.5 acres to be taken off an 8.5 acre parcel. Mr. Miller also owns 39 acres that is not part of this application.
The Planning Board looked for a stream on the map (previously mentioned). It is not on the subject property. Instead, John Chase Brook runs alongside Mr. Miller's land on the property of Harrison and Wilemary Soule.
The Planning Board checked to see if all requirements have been met. The names of neighbors across the street are missing from the map. Mr. Miller said these are the lands owned by Rosco. Mr. Rosedale pointed out that neighbors across from Rienecke are also missing from the list. Mr. Miller said that this is Schlossen, his daughter's family. Bruce Maben, the surveyor, must add that information as by law the PB cannot do it; all names within 500' (five-hundred feet) of the property must be written in by the surveyor, even if it crosses a road. Mrs. Bostrom double checked that the names of all abutting neighbors are present on the application list, which is complete; the only need is to have them placed on the map.
There are no easements. Power utility exists all the way along Merwin Street, but not on this property. Mr. Miller surmises they may need to add a pole. The Planning Board received a SEQR with the new application, but neither a perc test nor septic design has been done yet. Mr. Miller has a pending appointment to have one done. The PB is waiting for map corrections and for an approval from the DEP.
Mrs. Nicholls rolled up the maps for Mr. Miller to take back to Mr. Maben. Mr. Miller requested placement on the agenda for next month.
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.
Mrs. Thompson faced the same problems as Mr. Miller. Bruce Maben had added the pond to her survey maps, but neighbors across the street and down along the creek need to be added to her maps. Her property of 18.96 acres is to be subdivided into 9.21 and 9.75 acre parcels.
Mrs. Thompson was uncertain of what to fill out on the SEQR and Mrs. Bostrom explained that she only needs to fill out the first page. A copy of the SEQR needs to be sent to the DEP.
Mrs. Thompson said she is splitting the property in order to sell it. It has been the Planning Board's practice in the past that if a subdivided piece is large enough to pose no problems for a septic design that it has waived the requirement for a septic plan if the plans to build do not exist yet. The PB can put a contingency on the plat that these plans must exist prior to building.
Mrs. Nicholls made the motion to waive the requirement for a septic design as no plan exists to build at this time; the plat must state this is required prior to building. Mrs. Muth seconded this motion, which passed unanimously by all present.
Mrs. Thompson went home with the maps to be corrected and her application is to be placed on next month's agenda.
Agenda Item 5: Mark Jupiter Application for Sketch Plan Review for property located at Shad Road; Tax Map No. 132-2-73; District: Rural Residential.
This case has been postponed until next month as Mr. Fancher did not have everything he needed ready for his presentation.
Agenda Item 6: 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.
This case has been postponed until next month as Mr. Fancher did not have everything he needed ready for his presentation.
Agenda Item 7: 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.
Christine Valachovic was present for Kaaterskill Engineering. The Planning Board was hoping for a report from Doug Van Deusen. That is one of the issues holding up this project.
The Planning Board wondered whether Windham had imposed a moratorium on subdivisions. Five properties of this project lie in that township, and one straddles the town line. There are not enough acres in the Town of Jewett to approve the shared lot given the requirements of the zoning regulations. Town zoning regulations require three acres in Rural Conservation zoning and five acres in Conservation zoning. Mrs. Muth wondered if a precedent exists for considering the acreage of lots crossing town lines. Mrs. Bostrom said that all the Planning Board can approve is lots within the Town of Jewett. Mr. Beers commented these are questions that must be answered by Mr. Rappleyea. Mrs. Bostrom said that if the moratorium in Windham forces the entire design to be reconfigured, the PB may not have to face that problem. However, this is a general question that the PB wishes to ask Mr. Rappleyea.
Mrs. Muth witnessed many vehicles coming and going from the property and asked "What is going on?" Ms. Valachovic said it has not been her group. Mrs. Bostrom said that Tom Hitchcock has been logging there, and reminded the Planning Board that is how he met Steve Jacobs, and that was instrumental in getting Mr. Jacobs on the PB. Mr. Jacobs no longer logs that property because he wanted no conflict of interest with his role on the PB.
Mrs. Muth and Mrs. Nicholls decided to visit the site on Mrs. Nicholls' ATV.
The Planning Board cannot proceed without further information. It only has the Sketch Plan maps from Mr. Elsom and not the PRELIMINARY plat. The Planning Board told Ms. Valachovic it needs the dimensions of the lots placed on the maps.
All parties are waiting for Mr. Van Deusen's engineering report.
Mr. Jacobs has expressed his strong concern about the angle and size of the road coming into Round Hills Road.
No action can be taken until all parties have more answers.
Agenda Item 8: Lars Peters of Acorn Drive, Jewett, NY; Application for Major Subdivision, Tax Map No. 112.00-3-81: Rural Residential District.
Ms. Valachovic is also representing Kaaterskill Engineering for Mr. Peters tonight. However, she said this may change as Larry Vanucchi is the surveyor. He was the original surveyor for the three lots on Rte. 296, which Kaaterskill engineered.
Mr. Peters has put in a new application for a subdivision of two lots. No application fee was attached, and the amount paid by the Town of Jewett for work done on Mr. Peters' behalf by Mr. Van Deusen has not been reimbursed by Mr. Peters. Ms. Laubmeier was uncertain of the amount, because at the previous meeting Ms. Peterson implied that Lot 4 had been paid for prior to Jewett’s moratorium. This question needs to be answered by another review of Mr. Peters’ old files. The fee paid by the Town of Jewett to Mr. Van Deusen for work done on Mr. Peters' previous application was $1,127.35. The letter promised by Ms. Peterson stating that Mr. Peters is opting out of his previous application has not been received by the Planning Board.
Discussion arose about the Town of Jewett Subdivision law regarding re-subdivision of land previously subdivided. Ms. Valachovic wondered if a time period applied toward consideration of the definition of a subdivision from work previously done, but no time period exists in Town of Jewett Subdivision law. She then wondered if a new owner came along, does the break down of the original parcel count as part of the Major Subdivision. The Planning Board felt that it does, because the intent of the law was to preserve the natural character of the land within the town.
Ms. Valachovic said that Mr. Peters is already putting in a septic system on Lot 4. Mrs. Bostrom said that Mr. Peters should not cut trees, grade the land, or do anything without Planning Board approval. Mrs. Bostrom read aloud from the Town of Jewett Subdivision Regulations which states "Construction, excavations, filling, regarding, clearing of any vegetation or other similar activities shall not begin within any area proposed or intended for subdivision until said subdivision plats shall have been approved, or conditionally approved by the Planning Board." Ms. Valachovic said that Mr. Peters already possesses approval from the DEP regarding his septic design.
Mr. Rosedale and Mrs. Muth were bothered by the amount of time the PB is spending on this case because of the lack of an application fee and the money owed the town for what it has already spent. Mrs. Bostrom had called Mr. Rappleyea to learn whether the PB could deny an applicant on the basis of no payment based upon wording in the Town Law, but he has not yet replied to her. This interpretation of the law is something that Mr. Rappleyea must handle.
Mrs. Bostrom thought that there were further files on Mr. Peters' projects than the Planning Board has found. She, Mrs. Nicholls, and Ms. Laubmeier will look for these. Ms. Laubmeier will try to confirm what Mr. Peters originally paid for. Mrs. Muth wondered if a receipt book existed for what the Planning Board is paid; Ms. Laubmeier commented that only Mrs. Merwin the Town Clerk would know that. Mr. Rosedale speculated whether the fee schedule is an open-ended application for addition of lots ad infinitum or if it is a fee per application. The resubdivision clause on page 30 of the Subdivision Regulations would suggest that it is open-ended where it reads "Any resubdivision of a subdivision, which together with a prior subdivision will create a total of five (5) or more lots, shall be classified as a Major Subdivision."
Nothing was decided and no action can be taken until these questions are answered.
Agenda Item 9: 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 returned to the Planning Board with the promised enlarged map of where he will ride. Ms. Iocca had promised this sooner, but suffered a pinched cervical vertebra, losing all feeling in her right arm. Tonight she provided the PB with nine copies of the promised map.
Mrs. Bostrom asked Mr. D'Acunto to explain his map: the red marks trails on roads and the black delineates trails on state land. Mr. D'Acunto rides from Shad Road to Colgate Lake. Mrs. Bostrom noted that some of the roads he rides on are private, for example Woodland Trail. Mr. D'Acunto said there are private roads that do not belong to the town nor are maintained by the town, that are in fact part of the old ranch. The question is of existing roads. Mrs. Muth remembered part of an old subdivision that never really materialized.
There is state land at the end of Griffin Road. Some members of the Planning Board remembered a small gate giving access to state land with a sign stating "No Motorized Vehicles."
Mr. D'Acunto said that old Boy Scout trails wind in and out of state land. Parts of his map are old logging trails that are no longer maintained. He said that his hunting guide license allows him to move dead trees from existing roads without making new trails.
Mr. D'Acunto handed the Planning Board a copy of his port-a-potty maintenance agreement, then asked whether the PB had received a reply from its letter to Mr. Cohen or whether it had heard from Mr. Rappleyea. No one has heard from either lawyer. Nor has the PB heard on the information Mr. Rappleyea sent to the DEP. Mrs. Muth advised all parties follow up with attorneys to see if all the information is in.
The Planning Board wondered whether anything more is needed from Mr. D'Acunto before it schedules a public hearing. Mr. D'Acunto favored waiting for replies from the lawyers. Mrs. Bostrom read from the town laws of 2001 that for a Riding Establishment the Planning Board needs to ascertain whether there is a half acre per horse, a detailed plan, written permission in relation to other properties, a waste management plan, and whether standards of access are adequate for emergency use. She said the PB has all the information from Mr. D'Acunto that it needs, but that it is waiting for information from the attorneys and DEP. She asked Mr. D'Acunto if the DEP had visited his place recently, and he said they had the summer of 2007 in regard to water runoff in proximity to his pasture. Mrs. Bostrom asked if he had records of that visit. Mr. D'Acunto had such a letter once, but has been unable to locate it. Mrs. Bostrom said she will call DEP for a copy.
Mrs. Bostrom asked the Planning Board for a decision of whether to hold the public hearing in August or September. Mr. Beers made a motion to hold the public hearing in August, which was seconded by Mrs. Nicholls. All present voted "Yes."
Ms. Laubmeier gave Mr. D'Acunto the public hearing sign to post on Boy Scout Road, the letter to send to all property holders within 500' (five hundred feet) of his place, and the form letter stating he had posted the sign. She will publish a notice in the paper a week before the public hearing. Mrs. Bostrom told Mr. D'Acunto that next month he needs to provide the Planning Board with receipts of certified mail as proof that the letters were sent.
Agenda Item 10: Report from Greene County Planning Board Representative Gene Beers.
Mr. Beers said it was a short meeting. There were two applications from the Village of Tannersville. There will be a new NAPA store near Hyer's Physical Therapy building, and Dr. Schneider's wife, who is a lawyer, will build an attorney's office across from Renwick Street.
Agenda Item 11: Report from Town Board liaison J.R. Quackenbush.
Mr. Quackenbush reminded the Planning Board of the East Jewett Fire Department's 50th Anniversary celebration from 12-4pm Sunday July 6th.
Agenda Item 12: Other Business
Mrs. Nicholls reminded the Planning Board of an earlier decision by an earlier Planning Board regarding Mr. D'Acunto's riding stable. She quoted Anthony Bucca's statement from July 26, 1997: "...no common use of the premises will be permitted other than rental of the home or its rooms for residential purposes."
Mrs. Bostrom brought up the question of the changes made in the Sketch Plan Review application form. The Planning Board last month discussed a return to the previous way of dealing with a sketch plan as a way to make the process more user friendly. The Planning Board could possibly recommend the elimination of the Sketch Plan Review, but it would be up to the Town Board to revise the law requiring it. Mrs. Muth considers the frustration for people who have to go back and forth from the surveyor to the PB. Mrs. Bostrom said that after she read the regulations, she concluded that the PB has to do this, but if we do it well, the Application for Subdivision will be less strenuous. Mr. Rosedale commented the only downside is that it costs them a month. One idea is to invite people to come in for a friendly feasibility review.
Mrs. Bostrom said that changing the regulations is a tremendous job that has not been done for a few years, but may be necessary as we find in using them and due to changing circumstances that some additions, corrections, and improvements are needed. To that end, she requested the Planning Board members to take notes as they perceive needs for change.
Layout revisions were noted on the new form proposed for the Sketch Plan Review. Ms. Laubmeier will make the changes and send the form with the next meeting packet. Mrs. Muth reminded the Planning Board of the letter to go out to surveyors, and Mrs. Bostrom said she intends to wait until we have improved our forms. She asked everyone to consider revisions for the Minor and Major Subdivision Applications before the next meeting.
Respectfully,
Susan Laubmeier, Clerk
_____________________________
Jane Bostrom, Chair
Zoning Board
July 2, 2008
Roll Call : Acting Chair: Kathleen Williams
Members: Margaret Flaherty, Ann Dwyer, Charles Kutcher, and Russ Coloton [at 8 PM]
The meeting opened at 7:02 pm. Mrs. Dwyer made the motion to appoint Mrs. Williams as Acting Chair. Mrs. Flaherty seconded the motion. The vote was four ayes and the motion carried.
Agenda Item 2: Approval of Minutes of June 4, 2008.
After a short discussion, Mr. Kutcher made the motion to approve the minutes. Mrs. Flaherty seconded the motion. The vote was four ayes and the motion carried.
Agenda Item 3: Public Hearing on Application for Interpretation of Certificate of Non-Conforming Use for Patricia Pelham of 175 Peck Road, Jewett, NY: Tax Map # 112.00-2-5: District: Rural Residential by Paul Pansini of 157 Peck Road, Jewett, NY; Tax Map # 112.00-2-6.
Mr. Kutcher made the motion to open the Public Hearing. Mrs. Flaherty seconded the motion. The vote was four ayes and the hearing opened at 7:05 PM. Mrs. William described the purpose of the hearing to the public, marked as Exhibit F. The Board introduced themselves. Mrs. Williams requested Mrs. Dwyer record the application file and documents as exhibits to the record. The interpretation application from Mr. Pansini was marked as Exhibit A. The Pelham non-conforming certificate file copy was marked as Exhibit B. The application for building/zoning permit copy was marked as Exhibit C. The prior e-mail correspondence copies were marked as Exhibit D. The various Heinemann pictures, submitted at the June 4, 2008 ZBA meeting, were marked as Exhibit 1.
Mrs. Dwyer stated that the required Public Hearing Notice Ad was placed in the June 19th edition of the Windham Journal, and submitted the ad copy. Mr. Pansini submitted the proof of mailing: USPO certified receipts and copies of notices sent. Mrs. Pelham submitted the certification of sign posting. Mrs. Dwyer marked these required notices as Exhibit E. The meeting sign-in sheet was marked as Exhibit H. Mrs. Williams requested Mrs. Dwyer review the procedures to be followed for the public hearing, marked as Exhibit G.
Mrs. Williams called on Mr. Pansini, the applicant, to address the Board. Mr. Pansini submitted the following documentation: copies of two June 6, 2008 emails, marked as Exhibit 2; a letter from his parents, Dr. Jane Pansini and Mr. Paul Pansini, marked as Exhibit 3; and an email from Mr. Thomas Hitchcock to Mr. Pansini dated June 30, 2008, marked as Exhibit 4. Mr. Pansini stated that his issues are addressed in the emails submitted. His concern is the impact on the area. The property is a big mess and there looks to be a lot of activity with trucks, saws, kilns and fire. He was concerned that there are no limitations to increases in the size of the use. He also expressed concern about noise and air quality in the area. He stated that all this affects the value of his property and the surrounding neighbors’ properties. He checked with the NYS Department of State and the only corporation he found registered under Michael Pelham’s name was Forest to Final Form, Inc. (see Exhibit 2). He could not find anything registered under Michael Pelham Custom Homes nor could he find any business registered as Michael Pelham d/b/a. He stated that since the Forest to Final Form is the only legal business registered with NYS, in his mind, no other business legally exists.
Mrs. Williams called on Mr. Helmut Heinemann to address the Board. Mr. Heinemann submitted a written statement, marked as Exhibit 5 and three sheets of pictures, marked as Exhibit 6. Mr. Heinemann requested Mrs. Williams read his statement for the record. Mrs. Williams complied. Mr. Heinemann explained the details of the pictures submitted and indicated his concern about the change in the property as noted in the pictures. He stated that the large picture of the property was taken in early 1990’s from a sightseeing airplane. He also noted the increased number of vehicles and equipment located on the property as shown on the series of recent pictures. In addition, he stated another large vehicle had been added recently. He stated that Mr. Michael Pelham did not have a sawmill business before zoning went into effect nor from 1990 until 2006, that was the year the business started and the equipment was there. He stated the recent changes negatively impact the value of his property and the quality of life in the neighborhood. Mr. Kutcher asked Mr. Heinemann if he was a full time or part time resident of Jewett. Mr. Heinemann answered he lived full time at his property in Jewett since 1990.
Mrs. Williams called on Mr. Lowell Patton to address the Board. Mr. Patton stated that he lives on Bobillin Road since 2000, eight years ago. They were looking for a quiet and peaceful neighborhood and they believed they found it in this area. He stated he was unaware that they were located near commercial property. He is concerned about the possibility of the Pelhams acquiring the neighboring property and expanding the business nearer to his home. He is also concerned that the activity will negatively impact the quality of life in the neighborhood.
Mrs. Williams called on the Pelhams to address the Board. Mr. Michael Pelham reaffirmed his declarations in his April 2, 2008 statement (see Exhibit B). He stated the sawmill is portable and he has been milling lumber since 1985 or maybe 1983. He also has a carpentry business and has stored equipment and machinery at this location. In 1994, he moved out of the house but he maintained work in the area. His attorney suggested he register the Forest to Final Form as a separate corporation. It is a part of Michael Pelham Custom Built Homes, which he operates as a D/B/A since the early 1980’s beginning in ’83 – ‘85. Mr. Kutcher inquired whether he has tax or business records. Mr. Pelham states he reports his business on Schedule C. The address on his tax records is not always at Peck Road. Mrs. Dwyer clarified that Schedule C meant Schedule C of the personal income tax form 1040. Mr. Pelham states that he does not have a business phone or letterhead. Mr. Kutcher inquired whether he has sales tax records. Mr. Pelham stated he does not collect sales tax, he is not a retail operation, he contracts his services, and he mainly deals with contractors and people in the construction trades.
Mrs. Patricia Pelham submitted her statement, marked as Exhibit 7, and read it for the record. Regarding the claim of incessant noise, she stated that this is not a 24/7 operation and there has been no activity in two weeks. There is no plan to enlarge, other than what it is and adding to the existing building to incorporate the sawmill. She stated that the fence will shield the equipment and logs.
Mr. Paul Pansini stated that this is an industrial operation if they require a 3 phase generator plus the kiln. This indicates that it is a big size operation - full time business - industrial size. He is concerned with the scope of the business.
Mr. Helmut Heinemann stated there was a large fire where they burned bark and the smoke was very strong. This was last Sunday.
Mrs. Patricia Pelham stated it was a one time only burning, there would be no more.
Mr. William Dwyer, Town of Jewett Zoning Enforcement Officer, stated that he issued the Certificate based on the information submitted (see Exhibit B).
Mrs. Williams inquired whether there were any more comments from the public. No one responded.
Mrs. Dwyer made the motion to close the public hearing and allow the record to remain open. Mr. Kutcher seconded the motion. The vote was four ayes and the hearing closed at 7:55 pm.
Agenda Item 4: Application for Interpretation of Certificate of Non-Conforming Use for Patricia Pelham of 175 Peck Road, Jewett, NY: Tax Map # 112.00-2-5: District: Rural Residential by Paul Pansini of 157 Peck Road, Jewett, NY; Tax Map # 112.00-2-6.
Mrs. Dwyer stated that there is a great deal of documentation submitted that the members should review. She suggested that the Board postpone discussion on this application until the August meeting which will give them time to review all the relevant documents. Mr. Pansini inquired when he could get a copy of the minutes of this hearing. Mrs. Dwyer stated she should have a draft copy on file with the Town Clerk by July 10, 2008 and he could request a copy in writing after that time. Mr. Patton inquired where he could get a copy of the Zoning Law. Mrs. Dwyer informed him he could purchase a copy from the Town Clerk or go to the Town website, townofjewett.com, and download it from there. Mrs. Dwyer stated that she would be able to copy all the documentation and send packages to the members around July 10, 2008. Members agreed. Mrs. Dwyer made the motion to table discussion on the application until the August 6, 2008 meeting. Mrs. Flaherty seconded the motion. The vote was four ayes and the motion carried.
Mr. Coloton arrives at 8:00 pm. Mrs. Dwyer informed him of the vote to postpone discussion until the August meeting. Members reviewed some of the procedural questions regarding this application, referring to the NYS technical series. Mr. Coloton suggests contacting the Town Attorney to see if there is any case law on this question. He suggests that he invite him to attend the August meeting to discuss precedents. Members agree. Mrs. Dwyer will send a package of the documents to the Town Attorney.
Agenda Item 6: Other Business.
Members requested Mrs. Dwyer make copies of the Zoning Board of Appeals technical series and include it in the application package. They also requested copies of the CD and Mr. McCrary agreed to make copies.
There being no other business, Mr. Kutcher made the motion to close the meeting. Mrs. Flaherty seconded the motion. The vote was unanimous. The meeting ended at 9:05 pm.
Respectfully submitted,
Ann Dwyer,
Secretary
__________________________________
Accepted
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