A regular meeting of the Jewett Town Board was held on Wednesday, July 11, 2007. Supervisor Michael Flaherty called the meeting to order at 7 P.M. Present were Board members Thomas Hitchcock, Charles Kutcer, Elaine Warfield and Harry T. Wilson.
Also present were Attorney for the Town Tal G. Rappleyea, Assessor Nancy Wyncoop-Bower, Superintendent of Highways Robert Mallory, Zoning Officer William Dwyer, town residents Werner Pscherer, Jeff Loucks, Francis Benjamin, newspaper reporter Mike Ryan and the town clerk.
Minutes of the June 13, 2007 regular meeting were accepted on a motion by Councilman Hitchcock, 2nd by Councilman Wilson and carried with the following addition: Mr. Olivieri stated that he couldn’t open his doors or windows when his neighbor is using his outdoor furnace.
The Supervisor’s monthly report was given to the Board.
The building inspector wasn’t able to attend tonight’s meeting.
The Board reviewed the building inspector’s monthly report and his written report.
A motion was made by Councilman Wilson, 2nd by Supervisor Flaherty and carried to accept the reports.
The Board reviewed the zoning officer’s monthly report.
He reported that he has removed several real estate directional signs.
The Board had a discussion on whether the law says a single sign could be posted like a multiple listing service sign or whether each real estate business could post a sign.
Attorney Rappleyea will review the town’s law and look at laws on multiple listing services signage. This item was tabled.
Councilman Kutcher made a motion, 2nd by Councilman Hitchcock and carried accepting the zoning officer’s report.
The Assessor addressing the Board said the State would be sending letters to homeowners about basic star rebates. Homeowners will fill in the information and mail it back to the State.
Board members had a concern that they weren’t given the full information when it was decided to opt out of the state’s annual reassessment program because the current equalization rate has dropped from 100% to 77%.
The assessor said that basically we were rewarded for being in the program and now we are being properly reapportioned.
Councilman Hitchcock, “I am mildly incensed that we made a decision without proper information, enough of it, and the decision was a bad one.”
The Assessor said, “You probably had all the information that was available at that time. I spoke with many experienced assessors who have gone through the same process for the same reasons. None have fought the state and won. I’ve spoken to people on the town, county and state level in the assessment community without success.”
The assessor will continue the process of looking for information.
Supervisor Flaherty made a motion, 2nd by Councilman Kutcher and carried to go into executive session on land acquisition negotiation at 7:16 P.M.
Councilman Hitchcock made a motion, 2nd by Councilman Kutcher and carried to come out of executive session at 7:20 P.M.
Councilman Wilson made a motion, 2nd by Councilman Hitchcock and carried to hire Gary Marks to do an appraisal for the Town at a cost of $1000.
The Assessor has completed the six-month probationary period.
Supervisor Flaherty made a motion, 2nd by Councilman Hitchcock and carried to extend the assessor’s term until the end of September 2007.
Approval was given last month for the sale of a conveyer in the highway department. The Superintendent will now place a bid notice in the local newspaper and some trade magazines.
Town wide clean up, by zones, will be the month of September. Notice will be in the newspaper and on the town web site.
The highway crew has been working on Wright Road. They have ditched the north side of the road hoping this will help with drainage.
The auditor scheduled for tonight’s meeting will be rescheduled for August.
Supervisor Flaherty made a motion, 2nd by Councilman Kutcher and carried approving Resolution #11. This resolution is to apply for a grant of $150,000 to do a LTAP Schoharie basin watershed impact study.
ROLL CALL Aye Flaherty, Hitchcock, Kutcher, Warfield and Wilson.
Councilwoman Warfield reported on her conservation with ISO representative Brad Penskey concerning the town’s fire districts. Mr. Penskey charges $195 per hour as a consultant.
She asked him to meet with the fire protection personnel and then make a presentation to the Board at the September meeting.
The Board discussed the consultant speaking with the Board first. Attorney Rappleyea suggested he speak with the fire departments first in order to determine their needs.
Jeff Loucks will contact Mr. Penskey and explain the department’s situations. Mr. Loucks will report on that conservation at the August meeting.
The Board will ask Mr. Penskey to make a presentation to them prior to the regular September meeting at 5 P.M.
This item was tabled.
The finance committee of Councilwoman Warfield and Councilman Wilson audited the bills prior to the meeting.
Councilman Wilson made a motion recommending the Board approve the audit. Councilwoman Warfield 2nd the motion and all Board members voted Aye.
The general fund was $7,156.77 on abstract #7, claim numbers 163 to 185. The highway fund was $15,165.92 on abstract #7, claim numbers 118 to 137.
Councilman Wilson made a motion, 2nd by Councilman Kutcher and carried approving the May financial report. Bank statements were made available for review.
The Board approved the architect plans for the kitchen and dining room in the municipal building. Bid notices for a contractor will be placed in the town’s official newspapers, the Kingston Freeman and Albany Times Union. Bids will be opened at the September meeting.
The Board reviewed a map showing areas in the town’s conservation districts that possibly could be considered for adult use.
Attorney Rappleyea suggested the Board physically look at the properties.
This item was tabled.
Councilman Wilson made a motion, 2nd by Supervisor Flaherty and carried to go into executive session on legal matters at 8:52 P.M.
Councilman Kutcher made a motion, 2nd by Councilman Hitchcock and carried to come out of executive session at 9:27 P.M.
No action was taken.
There being no further business the meeting was adjourned at 9:28 P.M. on a motion by Supervisor Flaherty, 2nd by Councilman Kutcher and carried.
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Patricia Merwin Town Clerk RMC
Planning Board
July 5, 2007
TOWN OF JEWETT
PLANNING BOARD
MINUTES
JULY 5, 2007
Agenda Item 1: Meeting called to order at 7:30pm
Roll Call: Chair: Jane Bostrom
Members: Joan Kutcher, Carol Muth, Janet Nicholls, J.R. Quackenbush, and Paul Rosedale. Absent: Gene Beers.
Agenda Item 2: Approval of Minutes of June 7, 2007.
The Planning Board reviewed the minutes of June 7, 2007. Mrs. Nicholls motioned to accept the minutes; Mr. Rosedale seconded the motion and it passed with four votes. Mrs. Kutcher and Mrs. Muth abstained due to their absence last month.
Agenda 5: Public Hearing for Scott Sandler Application for Minor Subdivision 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.
Mrs. Bostrom reminded the secretary that public hearings should take place first on the agenda, and so decided to move this up in the program. Mrs. Kutcher motioned to open the Public Hearing; Mr. Quackenbush seconded the motion, and it passed unanimously.
Mr. Dave Wieman was again representing Mr. Sandler for Kaaterskill Engineering. He spread the new copies of the maps out for the Planning Board to review and gave Ms. Laubmeier the receipts and certificate of sign posting letter to file. There was no public present to attend the public hearing, so Mrs. Bostrom suggested the Planning Board close the public hearing. Mrs. Muth motioned to do so; Mrs. Nicholls seconded, and the motion carried unanimously.
There was a discussion of the frontage-width requirement. Mrs. Bostrom remembered a previous case of width-frontage in which the Planning Board requested Jewett Town lawyer, Tal Rappleyea, to provide an interpretation of the law. Mrs. Bostrom advised Mr.Wieman that the drawing show dimensions of property width at the road setback and building line. According to Mr. Rappleyea’s Memorandum of August 5, 2004, two dimensions are needed: a measurement between the side lot lines, parallel to the road, and then at 75’ setback and at the proposed building site. In a Rural Residential Zone, which this is, a minimum lot width of 200’ and a minimum front yard setback of 75’ are required by the zoning law. If the lot meets the 200’ width law, it can be approved; otherwise Mr. Sandler will need to seek a variance before it can be approved. Mr. Quackenbush made copies of the memorandum for the Planning Board and also provided Mr. Wieman with a copy. Mr. Wieman calculated on his maps what the average was as determined by law. At the setback of 75’ the width was 150’ and at the building site 230’. The average of these was 190’. The lines measured another way on this oddly shaped parcel offered an average width of 225’ leading Mrs. Muth to comment that the shape of this property makes layout of these lines difficult to determine. There was confusion about measuring at right angles as parallel with the road. You cannot do both.
Mrs. Bostrom restated that these lines should be put on the drawings. Mr. Wieman mentioned his difficulty in returning to Larry Vanucchi to create new maps and requested a dispensation for the 10’ under. Mrs. Bostrom reminded Mr. Wieman of the limitation by the DEP on the site of the house due to proximity to the creek. Mr. Wieman said he had taken the questions about water quality to Renee Van Shaik. They need to stay at least 100’ from the water. Mr. Wieman said he mentioned this problem to Mr. Sandler who himself had noted erosion within the last couple of years.
Mrs. Bostrom questioned the phrase “all utility easements” expressed on the map. The Planning Board needs copies of all easements on the property. With power to the back house, there must be a power easement. Mr. Wieman said he assumed there are none associated with this property as it exists, and that that this is a statement done by Larry Vanucchi Associates as a standard means of covering one’s bases. Mrs. Muth expressed her opinion that there are no easements, because nothing has been done to the property yet. She then asked Mr. Wieman whether Kaaterskill Engineering prepared their own maps; he answered they do septic design and have Larry Vanucchi prepare the maps.
Mrs. Bostrom pointed out that if this is sub-divided and the new driveway to the back property not built yet, there will be two lots and one driveway. Mr. Wieman assured the Planning Board that Mr. Sandler would build his driveway once he sells the lot. Mr. Wieman raised the question of a right of way. Mrs. Muth replied that he has not met the law: the Town of Jewett does not allow two homes to share a driveway. Mrs. Kutcher pointed out there is no existing house yet. Mrs. Bostrom noted that access will be needed for the already existing house or the lot cannot be sub-divided. The question was raised as to whether the Planning Board should approve the subdivision until that driveway is in place. Making the driveway a condition for a building permit may not be enforceable.
Mrs. Bostrom summarized that width measurements should be drawn on the map and requested a motion to require that driveway to the existing house be installed before the Planning Board subdivides this new lot. Mr. Wieman wondered what Mr. Rappleyea has to say about this. Mr. Rosedale replied that the Planning Board will consult with him to obtain a legal response on this issue. Mrs. Kutcher said the Planning Board needs to know the procedure it needs to follow on this matter. Mrs. Muth said she is not comfortable making this a condition of passing the subdivision. Mrs. Muth made a motion to consult with Tal Rappleyea. Ms. Laubmeier will send Mr. Rappleyea a copy of the map and a letter drafted by Mrs. Bostrom to request his counsel of this case. Mrs. Bostrom asked for a motion to take no action on this application subject to consulting with attorney for clarification on width and driveway issues. Mr. Quackenbush made the motion seconded by Mrs. Muth and unanimously approved.
Agenda 6: Public hearing for 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.
Mrs. Kutcher motioned to open the Public Hearing; Mr. Quackenbush seconded the motion, and it carried. Mrs. Bostrom reported that she had one phone call from Carmine Iannaro, a neighbor of Mr. Giordano’s, seeking information, but she did not hear back from him when she returned his call. Mrs. Bostrom asked Ms. Laubmeier whether a SEQR had been copied and sent to Ms. Shanahan; it has been done. Mr. Giordano brought new maps, which the Planning Board received. Since no public were present, Mrs. Kutcher made the motion to close the public hearing. Mr. Quackenbush seconded and the motion carried unanimously.
Mrs. Bostrom read a section of the conservation easement (p.6). This is the first parcel on the property to be subdivided since the easement was made. Mr. Giordano used the surveyors who did the original survey for the Watershed. He needs to get a deed from an attorney and he already has a mylar copy and the maps he needs to file with the county clerk’s office. Mrs. Bostrom stated that we are subdividing this off the entire property that the information we have from the tax maps has been sufficient in the past, and then asked if the Planning Board had any questions remaining. The Planning Board answered no. Mrs. Bostrom then asked for a motion to approve the application.
Mr. Rosedale made the motion to approve the Application for Minor Subdivision seconded by Mrs. Nicholls and subjected to a Roll Call vote:
Mrs. Bostrom – aye; Mrs. Kutcher – aye; Mrs. Muth – aye; Mrs. Nicholls – aye;
Mr. Quackenbush – aye; and Mr. Rosedale – aye.
Mrs. Bostrom signed the copies of the maps that Mr. Giordano needs to take to Catskill to file with the county. He needs to take two copies plus the mylar copy; the Planning Board keeps two.
Agenda Item 3: Thomas A. and Earnest J. Tolve: Kramer Road and Route 23C Application for Minor Subdivision by Larry Vanucchi; Tax Map No. 130.00.01.12: Rural Residential.
Tom Poli of Larry Vanucchi Associates represented Mr. Tolve. He did not have a revised application requesting an exception to the frontage requirement. Mrs. Bostrom asked Ms. Laubmeier to check whether the Planning Board had been paid for the Application for Minor Subdivision; it had not. The maps for this property were spread out. Mrs. Bostrom requested exact numbers for crucial dimensions rather than have to figure it out. Mr. Rosedale surmises that the property is about 140’ wide. Mrs. Bostrom observed the lot gets narrower throughout its length, so that at no one place does it appear to meet the requirement for 200’. Mrs. Bostrom returned the application as incomplete, stating that the Planning Board also needs the front of the SEQR filled out.
Agenda 4: Susan and Silvano Vales application for Minor Subdivision 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.
The Vales were not in attendance.
Agenda 7: Werner and Helga Pscherer Application for a Minor Subdivision. Tax Map No. 110.00-6-95: Rural Residential.
At the meeting the Planning Board received the completed Application for Minor Subdivision, application fee, and new maps. Mr. Pscherer has copy of DEP soil test (perc test). Mr. Pscherer said Steve Schildhorn from DEP is completing approval for septic system. Mr. and Mrs. Pscherer want to build a house for themselves, perhaps their daughter will eventually get their existing home. Mr. Quackenbush made the motion to declare the Planning Board Lead Agency in the SEQR process, Mrs. Muth seconded, and the motion carried unanimously. The Planning Board reviewed the SEQR and gave it a negative declaration. Ms. Laubmeier needs to send a copy of the SEQR to Ms. Shanahan. Mrs. Bostrom informed Mr. Pscherer that the Planning Board and the county need maps that are 24” x 36”; Mrs. Nicholls added that the map in the upper corner needs to be bigger in scale. Ms. Laubmeier told Mr. and Mrs. Pscherer that the other maps and the mylar need to be in within twelve days of the next Planning Board meeting of August 2, 2007 for a public hearing to be held.
Agenda 8: Report from Greene County Planning Board Representative Gene Beers
There was no report tonight due to Mr. Beers’ absence.
Agenda 9: Other Business
In conversation with Ed Diamonte of the Greene County Planning Board, Mrs. Muth learned that extra training hours from one year can be rolled over to the next year. There are new training dates of September 17 in Cairo and September 24 in Hudson.
Mrs. Bostrom received a note from the Greene County Agriculture and Farmland Protection Board regarding encouraging agriculture in Greene County, but the Planning Board decided this was not an issue requiring action by us.
Mrs. Muth said that she does not plan to be in attendence at the August meeting.
There being no other business, Mr. Quackenbush motioned to adjourn meeting; Mrs. Kutcher seconded. The vote was unanimous. The meeting closed at 9:20 pm.
