August 9, 2006

A regular meeting of the Jewett Town Board was held on August 9, 2006. Supervisor Michael Flaherty called the meeting to order at 7PM. Present were Board members Thomas Hitchcock, Charles Kutcher and Harry T. Wilson.
Also present were Attorney for the Town Tal G. Rappleyea, Building Inspector Thomas Cross, Zoning Officer William Dwyer and newspaper reporter Mike Ryan. Judy Polk, David Slutzky, Werner Pscherer, Darrin Elsom and the town clerk.

The public hearing was opened for Local Law #5. This law imposes a temporary six-month moratorium on major subdivisions within the Town.

Darrin Elsom from Kaaterskill Associates spoke. He asked if the law applies to projects already submitted to the Planning Board and was told that it does.
Councilman Wilson “The committee is in the process of hiring a consultant to revise the comprehensive plan. The current plan is 15 years old. The consultant would look at water tables, aquifers and other things that would impact the growth in an area. There will be several envisioning workshops, a survey will be done, e-mails will go out and public meetings will be held”.

David Slutzky asked about the timetable and was told that a draft of the comprehensive plan should be done within the moratorium time period but there is no timetable as to when the moratorium will be lifted.

Supervisor Flaherty made a motion, 2nd by Councilman Wilson and carried to close the hearing.

Councilman Wilson made a motion, 2nd by Councilman Kutcher and carried to adopt Local Law #5 of 2006.
ROLL CALL VOTE: Aye 4 Flaherty, Hitchcock, Kutcher and Wilson.
Nay 0

Councilman Hitchcock made a motion, 2nd by Councilman Wilson to accept the minutes of the July 12, 2006 regular meeting.
The July financial audit was incorrectly stated in the July minutes. The correction is as follows; the general fund was $14,500.71 on abstract #7, claim numbers 145 to 163. The highway fund was $126,011.79 on abstract #7, claim numbers 111 to 126.

The building inspector gave a written and oral report.
He reported that this month, July, in 2005 there were 15 new home applications and this year there currently are 10. In 2005 there were 31 building, this year to date there have been 38 building permits issued.

Councilman Hitchcock made a motion to accept the building inspector’s report, 2nd by Councilman Kutcher and carried.

The Zoning Officer gave his monthly report.
He informed the Board that he is still doing a weekly report to the court on the cars at the Matthews property and they are slowly decreasing.

Councilman Hitchcock made a motion to accept the zoning officer’s report, 2nd by Supervisor Flaherty and carried.

Councilman Kutcher made a motion, 2nd by Councilman Wilson to accept the Supervisor’s June financial report. Bank statements were made available for review.

The Town has advertised several times in the newspaper for an authorized person to do a compilation audit of the town books. There has been no response.
The Town Attorney will check to clarify if the Board can now make direct contact with a CPA to do the audit.

The finance committee of Supervisor Flaherty and Councilman Wilson audited the bills prior to the meeting.
Supervisor Flaherty made a motion recommending the Board approve the audit. Councilman Wilson 2nd the motion and all Board members voted Aye.
The general fund was $9,972.00 on abstract #8, claim numbers 164 to 179.
The highway fund was $34,819.39 on abstract #8, claim numbers 127 to 152.

Councilman Kutcher made a motion, 2nd by Councilman Wilson and carried to accept the Supervisor’s July report. Bank statements were made available for review.

Councilman Hitchcock made a motion, 2nd by Councilman Wilson and carried to obtain the needed containers and set up a town wide clean up day.

The Board discussed “Adult Uses” in the town.
Attorney Rappleyea “It can’t be zoned out and we can’t tell them not to be here. Strict guidelines can be implemented as to where they can be situated. They have to be given a reasonable area or space. You can designate a specific spot, which has to be a minimum of 15 or 20 acres, or you can say anywhere within the Town, but it can’t be within 1000 feet of a home, a church, a school, etc”.

Board members were asked to drive around the Town and bring suggestions to the September meeting.

Councilman Wilson made a motion, 2nd by Councilman Kutcher and carried approving Resolution # 20. This resolution recommends the Planning committee hire Nan C. Stolzenbers, AICP to assist in an update of the Town’s Comprehensive Plan.
ROLL CALL VOTE: Aye 4 Flaherty, Hitchcock, Kutcher and Wilson
Nay O

With regret the Board accepted the resignation of Ann Dwyer as secretary to the Planning Board effective December 31, 2006.

There being no further business the meeting was adjourned at 8:20 PM on a motion by Councilman Wilson, 2nd by Councilman Kutcher and carried.

____________________________
Patricia Merwin Town Clerk

Planning Board

August 3, 2006

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

Mrs. Bostrom informed the Board of the receipt of Mrs. Dwyer’s resignation letter, effective December 31, 2006.

Agenda Item 2: Approval of Minutes of July 6, 2006.
Mrs. Nicholls made the motion to approve the minutes. Mrs. Kutcher seconded the motion. The vote was unanimous and the motion carried.

Agenda Item 3: Application for Minor Subdivision for Russell Finazzo of 133 Windy Lane, Jewett, NY; Tax Map No. 111.00-2-10; District: Rural Residential. Postponed until September meeting, due to DEP approval delay.

Agenda Item 4: Application for Sketch Plan Review for Joann Rubinger of County Rt. 40, Jewett, NY; Tax Map No. 131.00-2-3; District: Rural Residential. Present: Joann Rubinger.

The Sketch Plan was approved at the July 6, 2006 Planning Board meeting. Ms. Rubinger is requesting a change in the sketch plan to ensure the parcel cannot be further subdivided. The new plan reflects two lots – lot one would be 4.65-acres and lot two would be 4.9-acres. The 4.9-acre parcel would still be a flag lot with a 50-foot wide narrow corridor on Route 40. Mr. Rosedale made the motion to rescind the July 6, 2006 Sketch Plan acceptance, the designation as a Minor Subdivision, and to review the new Sketch Plan. Mrs. Muth seconded the motion. The vote was unanimous and the motion carried. Mrs. Rubinger discussed the requirement for a Design Approval Letter from DEP. She stated she has no plans to build on the 4.9-acre lot, she anticipates selling it as a vacant lot. Mrs. Bostrom stated she can apply for a waiver of the DEP requirement when she files her subdivision application. Mrs. Rubinger stated Woods Road, noted on the Sketch Plan, is an old logging road and would not be used as access for the lot. In addition, she indicated the area of the access road noted as a wet area is wet during heavy rain but does not meet the definition of a wetland. After review of the revised Sketch Plan, Mrs. Nicholls made the motion to accept the Sketch Plan and determine it is a Minor Subdivision. Mrs. Kutcher seconded the motion. ROLL CALL VOTE: MRS. BOSTROM – AYE; MRS. NICHOLLS – AYE; MRS. MUTH – AYE; MRS. KUTCHER – AYE; MR. ROSEDALE – AYE; MR. BEERS – ABSENT; VACANT. The Sketch Plan was approved and the applicant was provided an Application for Minor Subdivision and Short Form SEQR to file for the September meeting. The fee was determined to be $200.00 for a two lot subdivision.

Agenda Item 5: Application for Sketch Plan Approval for Sheepskin Hills Inc of Route 296, Jewett, NY; Tax Map No. 147.00-3-23; District: Rural Residential. Present: Darren Elsom.

The applicants are proposing to subdivide a 79.4-acre parcel into two parcels along the natural dividing line of Route 296. Parcel one would be 35.4-acres and parcel two would be 45-acres. After review of the application and Sketch Plan, Mr. Rosedale made the motion to accept the Sketch Plan and determine it is a Minor Subdivision. Mrs. Muth seconded the motion. ROLL CALL VOTE: MRS. BOSTROM – AYE; MRS. NICHOLLS – AYE; MRS. MUTH – AYE; MRS. KUTCHER – AYE; MR. ROSEDALE – AYE; MR. BEERS – ABSENT; VACANT. The Sketch Plan was approved and the applicant submitted the Minor Subdivision Application.

Agenda Item 5A: Application for Minor Subdivision for Sheepskin Hills Inc of Route 296, Jewett, NY; Tax Map No. 147.00-3-23; District: Rural Residential. Present: Darren Elsom.

The applicant submitted the Minor Subdivision application, a Short Form SEQR, and the required fee. The Planning Board at the July meeting reviewed the original Sketch Plan application and determined it had to be corrected, in addition they agreed the applicant could present this application at this meeting if the revised Sketch Plan was approved. In reviewing the application, members determined that a letter of representation from Sheepskin Hills Inc must be provided, and, a declaration regarding any covenants or easements must be presented. The applicant agreed to provide these prior to the Public Hearing. Mrs. Muth made the motion to appoint the Planning Board as Lead Agency under SEQR. Mr. Rosedale seconded the motion. The vote was unanimous and the motion carried. Members proceeded with the SEQR review. After the review, Mrs. Nicholls made the motion to determine the proposed action will not result in any significant adverse environmental impacts. Mrs. Kutcher seconded the motion. The vote was unanimous and the motion carried. Mrs. Kutcher made the motion to accept the application as complete, except for the letter of representation and the declaration of covenants, and to schedule the Public Hearing on this application for September 7, 2006 at 7:30 pm. Mrs. Muth seconded the motion. ROLL CALL VOTE: MRS. BOSTROM – AYE; MRS. NICHOLLS – AYE; MRS. MUTH – AYE; MRS. KUTCHER – AYE; MR. ROSEDALE – AYE; MR. BEERS – ABSENT; VACANT. Mrs. Bostrom instructed the applicant to notify all property owners within 500 feet of the proposed subdivision by certified mail at least 10 days prior to the hearing date and to post the hearing sign at least 10 days prior to the hearing. Mrs. Dwyer provided the required sign to be posted on the property, the certification of posting form and the draft form of the notification letter.

Agenda Item 6: Application for Sketch Plan Review for Sheepskin Hills Inc of Route 296, Jewett, NY; Tax Map No. 147.00-4-20.1; District: Rural Residential. Present: Darren Elsom.

The applicant, at the July meeting, applied for a Boundary Line Adjustment on this parcel. It was determined that this proposal should be a subdivision. Since the 13.43-acre parcel is landlocked and the Planning Board cannot approve subdivision of landlocked parcels, the applicant is proposing to combine it with the adjoining lot, Tax Map No. 147.00-3-2, which is not a landlocked parcel. After review of the application and Sketch Plan, Mrs. Muth made the motion to accept the Sketch Plan and to determine it is a Minor Subdivision. Mr. Rosedale seconded the motion. ROLL CALL VOTE: MRS. BOSTROM – AYE; MRS. NICHOLLS – AYE; MRS. MUTH – AYE; MRS. KUTCHER – AYE; MR. ROSEDALE – AYE; MR. BEERS – ABSENT; VACANT. The Sketch Plan was approved and the applicant submitted the Minor Subdivision Application.

Agenda Item 6A: Application for Minor Subdivision for Sheepskin Hills Inc of Route 296, Jewett, NY; Tax Map No. 147.00-3-23; District: Rural Residential. Present: Darren Elsom.

The applicant submitted the Minor Subdivision application, a Short Form SEQR, and the required fees. In reviewing the application, members determined that a letter of representation from Sheepskin Hills Inc must be provided, a declaration regarding any covenants or easements must be presented, a revised plat with darker property lines noted is to be submitted, and the draft form of the combination deed which incorporate the area description of the 13.43-acre parcel must be provided. The applicant agreed to provide these prior to the Public Hearing. Mrs. Kutcher made the motion to appoint the Planning Board as Lead Agency under SEQR. Mrs. Nicholls seconded the motion. The vote was unanimous and the motion carried. Members proceeded with the SEQR review. After the review, Mrs. Muth made the motion to determine the proposed action will not result in any significant adverse environmental impacts. Mr. Rosedale seconded the motion. The vote was unanimous and the motion carried. Mrs. Muth made the motion to accept the application as complete, except for the four items noted above, and to schedule the Public Hearing on this application for September 7, 2006 at 7:30 pm. Mrs. Nicholls seconded the motion. ROLL CALL VOTE: MRS. BOSTROM – AYE; MRS. NICHOLLS – AYE; MRS. MUTH – AYE; MRS. KUTCHER – AYE; MR. ROSEDALE – AYE; MR. BEERS – ABSENT; VACANT. Mrs. Bostrom instructed the applicant to notify all property owners within 500 feet of the proposed subdivision by certified mail at least 10 days prior to the hearing date and to post the hearing sign at least 10 days prior to the hearing. Members agreed the sign should be posted at the Route 296 entrance to the private road leading to the proposed combined lot. Mrs. Dwyer provided the required sign to be posted, the certification of posting form and the draft form of the notification letter.

Agenda Item 7: Report from County Planning Board Representative.
Mr. Beers was not present, therefore there is no report.

Agenda Item 8: Other business:
Mrs. Dwyer noted there were two applications before the Board which would be affected by the proposed moratorium on Major Subdivisions and they will be listed separately on future agendas, if the Town Board passes the moratorium at their August 2006 meeting.
Members discussed their inquiries regarding filling the vacant position and reported no success.
Members discussed the new need to find a replacement for Mrs. Dwyer.

There being no other business, Mrs. Muth made the motion to close the meeting. Mr. Rosedale seconded the motion. The vote was unanimous and the meeting ended at 9:40 pm.

Respectfully Submitted,

Ann Dwyer, Clerk

___________________________
Jane Bostrom, Chair