| Town Board
AUGUST 13, 2008
A regular meeting of the Jewett Town Board was held on August 13, 2008. Supervisor Michael Flaherty called the meeting to order at 7 P.M. Present were Board members Michael McCrary, JR Quackenbush and Elaine Warfield.
Also present were Building Inspector Thomas Cross, Zoning Officer William Dwyer, town residents Werner Pscherer and Martha Lino, newspaper reporter Mike Ryan and the town clerk.
Councilman Quackenbush made a motion, 2nd by Councilman McCrary and carried accepting the minutes of the July 9, 2008 regular meeting and the July 23rd special meeting.
The Supervisor’s financial report for July was given to the Board.
July monthly reports were received from the Building Inspector and the Zoning Officer.
Under Courtesy of the floor town resident Werner Pscherer asked the Board to check for a law on parking in a town cul-de-sac.
The Supervisor told the Board that the level of water at Colgate Lake has to be lowered again and the contractor has to come back and finish up. The lake will not be opened this year.
Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried adopting Resolution #17. This resolution is a request to the County to do a speed limit study on Ford Hill Road.
ROLL CALL VOTE: Aye Flaherty, McCrary, Quackenbush and Warfield.
Supervisor Flaherty made a motion, 2nd by Councilman McCrary and carried approving funding toward a Mountaintop Tourism Strategy not to exceed a maximum of $3000 contingent upon all other mountaintop municipalities participating as well as the County. This is a three year commitment.
The Towns of Jewett, Windham and Lexington have discussed the idea of forming an ambulance district. Supervisor Flaherty will research for an LTAP grant and will report back to the town as information becomes available.
Supervisor Flaherty made a motion, 2nd by Councilwoman Warfield and carried adopting Resolution #18. This resolution accepts the report of the Tax Collector for 2008.
ROLL CALL VOTE Aye Flaherty, McCrary, Quackenbush and Warfield.
The audit committee of Councilwoman Warfield and Councilman Quackenbush audited the bills prior to the meeting.
Councilwoman Warfield made a motion to approve the bills. Councilman Quackenbush 2nd the motion and Board members voted aye.
The general fund was $21,678.51 on abstract #8, claim numbers 190 to 220. The highway fund was $9,285.65 on abstract #8, claim numbers 132 to 148.
Councilman Quackenbush made a motion, 2nd by Councilman McCrary and carried accepting the Supervisor’s June financial report.
The Board gave approval for the Supervisor to execute the “Authorization for execution of local consultation on land acquisition contract with the Catskill Watershed Corporation”.
Wind turbines were discussed. A homeowner in the Town of Hunter wanted to put one in. The Town of Hunter had no regulations in place so they put a six month moratorium in place while they study it. Councilman McCrary suggested the Jewett Board watch the process of the study with the possibility of adapting whatever regulations the Town of Hunter comes up with as safe and sound.
Councilman McCrary presented the Board with a draft letter in support for the Mountain Cloves Scenic Byway Corridor Management Plan.
Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried approving the adoption of the letter addressed to the NYS Legislators and members of the State Scenic Byway Advisory Board with a copy to be sent to the Town of Hunter Supervisor.
Councilman Quackenbush made a motion, 2nd by Councilwoman Warfield and carried giving approval for the regular Town Board meeting in November to be held on the 5th instead of the 12th.
Bank statements were made available for the Board to review.
Budget workshops were tentatively set for September 24, 2008 at 3 P.M. and October 13, 2008 at 3 P.M.
Councilman Quackenbush made a motion, 2nd by Supervisor Flaherty and carried to adjourn the meeting at 8:30 P.M.
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Patricia Merwin Town Clerk, RMC
PLANNING BOARD
AUGUST 7, 2008
Agenda Item 1: Meeting called to order at 7:37 pm
Roll Call: Chair: Jane Bostrom
Members: Steve Jacobs, Joan Kutcher, Carol Muth, Janet Nicholls Absent: Gene Beers and Paul Rosedale
Agenda Item 2: Approval of Minutes of July 3, 2008.
No corrections were found in the minutes. The motion to approve the minutes was made by Mrs. Nicholls and seconded by Mr. Jacobs. The motion passed with Mrs. Kutcher abstaining as she was absent last month.
Agenda Item 3: 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 failed to keep his appointment for the Public Hearing. Mr. Quackenbush testified that he had received phone calls from Mr. D'Acunto's neighbors; none of them had received any certified letter for the Public Hearing. Mr. D'Acunto also failed to comply with the Planning Board's requirement to post a sign regarding the Public Hearing at the end of his driveway. Mrs. Bostrom said this meant that the Planning Board must cancel the Public Hearing, and then announced that she had received a letter from Mr. Cohen dated July 28, 2008 stating that he would be going on vacation that week and requesting a postponement of the Public Hearing. This letter came after the PB cut-off date for notices to the public.
Mrs. Bostrom asked Mr. Rappleyea for advice on this issue, and he suggested a letter to Mr. Cohen stating that due to the non-compliance of Mr. D'Acunto in notifying his nieghbors and posting the sign, he will not be placed on the agenda until he is ready to move forward. She read the Planning Board members the letter she had drafted, and they all agreed to it. She gave it to Ms. Laubmeier to type and mail.
There is also the matter of the legal notice the PB had published in The Windham Journal; a precedent was set by an earlier case for the client to reimburse the PB for those expenses.
Mrs. Bostrom had also been in contact with Marilyn Shanihan regarding the DEP approval letter regarding the stream situation that Mr. D'Acunto claims to have received and lost, and the information that Mr. Rappleyea was supposed to send on. Ms. Shanihan said she never received that literature from Mr. Rappleyea and recommended that Mrs. Bostrom speak to Brenda Drake. Ms. Drake told Mrs. Bostrom that she will search the records for any such letter sent to Mr. D'Acunto; if it is not found, she will arrange for someone to come out and review the property.
Mrs. Bostrom also researched the oldest files on Mr. D'Acunto's case which date back to 1998; he had been in constant violation of previous permit denials. The stipulation he gave the Planning Board from the court states that he can operate only on his own property, but he has interpreted otherwise, that he can't lead rides on his property, but off of it. Mrs. Kutcher said that since no ruling has been made, the Town of Jewett should not hold any liability for Mr. D'Acunto's actions; the responsibility for any accidents is his.
Agenda Item 4: 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. Bruce Maben was here tonight to represent Mr. Miller. Mrs. Bostrom asked him to obtain a letter of representation. The maps, which had been received prior to the meeting, were spread out for review. The names of missing neighbors within 500' (five hundred feet) across the street and across from Reinecke had been added; all names listed on the application match the names listed on the map.
A copy of the letter by the engineer who had done the perc test has been provided, but the letter of approval from the DEP is still pending. The Planning Board cannot approve this case without that information.
Mrs. Bostrom asked the Planning Board to decide whether to approve the SEQR tonight. Mr. Maben requested that it be finished. Mrs. Bostrom added the missing address, tax map no., and other pertinent data to the front of the SEQR, and then asked Mrs. Nicholls to read the rear page aloud and fill it out with PB member agreement.
Mrs. Kutcher made the motion to give the SEQR a negative declaration, which Mr. Jacobs seconded. The Planning Board vote was unanimous. Mrs. Bostrom signed the document.
Mr. Maben said that as soon as he receives the DEP letter he will call to be placed on the agenda.
Agenda Item 5: 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 new maps brought by Mrs. Thompson were spread for review; the missing names of the neighbors across the street had been added to the map. Mrs. Kutcher made the motion to accept the Sketch Plan and to classify this project a minor subdivision. Mr. Jacobs seconded the motion, which passed unanimously. When the Planning Board receives the Subdivision Application and the SEQR from Mrs. Thompson, she will be placed on the agenda.
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 was in attendance tonight with his new maps dated August 7, 2008; the old ones are dated from May. The Sketch Plan Review approval had been delayed last month until further data came in. He has brought the application for minor subdivision, the soils report, and the engineering report. He has provided the survey map illustrated with the buildings and the pond on the five acres to be subdivided. He said he has maintained the required 50' (fifty foot) setback for the house and allowed a 75' (seventy-five feet) strip along the bottom of lot 2, which has two separate road frontages.
Mrs. Muth asked why the lot was divided this way, and Mr. Fancher answered to give the first lot more road frontage. Mrs. Muth noted an anomaly in the survey as compared to the highway map. On the town map there is a road that is shown as continuing, but on the survey it is merely an old trail. Mr. Fancher said that the last survey of the land was done in the 1950's for the state and that was drawn as an existing trail and it may have been an easement to the state. This may have been a road at one time, but he pointed out where the town ends its road maintenance on Shad Road well before the highway as diagramed on the highway map. The question now posed by Mrs. Muth is whether this is still considered a town road.
She then asked what was happening with the buildings. Mr. Fancher said the house and barn were to stay on the five acres which the owner intends to keep; the rest of the subdivision is being sold to the DEP with the 75' (seventy-five feet) access and 50' (fifty feet) at the end of the town maintenance. The road frontage on the second lot totals 125' (one hundred twenty-five feet). The zoning district is rural residential. Mrs. Bostrom said that if the DEP weren't buying this land that she would be concerned about that 75' (seventy-five feet) corridor at the end of Shad Road.
Mrs. Muth pointed out that three buildings on the five acre parcel are labeled "house," one is "old house" and probably not in use. However the possibility of two or more dwellings per lot raises the question of whether zoning would permit subdividing the property recalling the Warfield case. Mrs. Nicholls said that the buildings in this case are grandfathered. Mr. Fancher asked what the regulations stated, and Mrs. Bostrom answered, "One house per lot." She suspected that the buildings were mislabeled. Mrs. Muth said that the houses are diagrammed with decks. Mrs. Nicholls suggested maybe more land is needed for that lot. Mrs. Muth thinks that the property should be visited for best determination. Mrs. Nicholls tried to find a date for that second building in the tax rolls, but someone said that information could be available from the ZEO or building inspector. She did note that the tax rolls said there were 151 acres with the property, but that the application totals 148 acres. The property is assessed for buildings, but did not answer how many buildings. Mrs. Kutcher summarized that two houses are grandfathered on to that property, and that the Planning Board cannot proceed further on this case without further information since it could be allowing a subdivision with insufficient land for two houses. Mrs. Bostrom said that this is a grandfathered case, with sufficient land allowed per house since the requirement for Rural Residential Zoning is 2.5 acres per house; however, the two houses on one parcel still violates the house per lot rule.
Mrs. Muth then wondered when two houses were added. Mr. Fancher guessed that the barn was converted to a studio or something; this information will need to be clarified. Mrs. Muth insisted on knowing when the houses were built, despite Mr. Fancher's argument that the parcel could be subdivided to meet zoning requirements, because, she said, if it were done since the zoning law was put into effect twenty years ago, they created a parcel that wasn't allowed. Mrs. Bostrom asked either Mrs. Muth or Mrs. Nicholls to follow up on that. Mr. Fancher said he would have his field representatives recheck to determine what those structures are.
The application fee is moot at until all the data is in. Mrs. Bostrom asked for a motion to accept the soil report, waiving the requirement for a septic design since no building is planned. Mrs. Kutcher so moved, Mrs. Nicholls seconded the motion, and it passed unanimously.
Mrs. Bostrom asked whether any deed restrictions or easements exist. Mr. Fancher said "No." Mrs. Bostrom wondered whether the Planning Board could complete the SEQR tonight. Mrs. Nicholls expressed her concern about water running over the road. Mrs. Muth referred to the June minutes. There is a spring-fed pond, the land has a slope, and water may run out of the pond across the 75' (seventy-five feet) strip. A complaint made to Mrs. Bostrom by Mattai about water runoff is not relevant as they are quite a distance from where they are located. Mr. Fancher thought the extra 50' (fifty feet) at the end of Shad Road where road maintenance ends makes it not be a problem. Mr. Jacobs stated it could be a problem if DEP chooses to allow logging on that land. Mrs. Kutcher said the DEP has very strict regulations against logging.
Mrs. Nicholls said the Planning Board needs more answers before it can accept the Sketch Plan Review. Mrs. Bostrom said it will be held up by one more month. Mr. Fancher said his plat is more than adequate for the Sketch Plan Review stage and asked the PB to accept it as a Sketch and allow discussion of the minor subdivision next month. Mrs. Bostrom reviewed the Sketch Plan Review requirements; they are met. Mr. Jacobs made the motion to accept the Sketch Plan Review and to classify this as a minor subdivision. Mrs. Kutcher seconded the motion and it passed; Mrs. Muth abstained from the vote. Mr. Fancher left the PB two copies of the maps and will pay the fee next month.
Agenda Item 7: Martin Seligman Application for Minor Subdivision for property located at 1480 Goshen Street; Tax Map No. 111-1-59; District: Rural Residential and Rural Conservation.
Mr. Fancher brought the survey maps of this land that was formerly Makeley's farm. A three lot subdivision is proposed: the first lot will be 20.1 acres with the existing house and barn; the second lot is 29.8 acres across the street; and the third lot to be 10 acres. The Sketch Plan Review passed in June. Mr. Fancher said the DEP is not getting anything from this subdivision as they already bought land on 23C.
Mr. Fancher said that the location of the old soil test pits correspond with his report which states this land will support subsurface septic systems. Mrs. Muth read from the June minutes; the Planning Board did not waive our regulations for septic approval. Mrs. Bostrom said that to waive the regulation in this case would seem legitimate as no one will probably build right away and the lots are large. Mrs. Bostrom asked for a motion to accept the soils report and waive the requirement for septic design with the contingency that such design must be met prior to building. Mrs. Muth so moved, Mrs. Kutcher seconded the move, and it passed unanimously.
Mrs. Kutcher asked whether there is a remnant of a road running through lot 3. Mr. Fancher answered it is an old farm road.
Mr.Fancher asked whether the Planning Board had received the short form SEQR. Yes, it had. He paid the fee for a three lot minor subdivision of $500. Mrs. Kutcher read the back of the SEQR for PB assessment. The motion for making a negative declaration on the SEQR was made by Mr. Jacobs, seconded by Mrs. Muth, and it passed unanimously.
Mrs. Bostrom asked if Mr. Fancher was in contact with the DEP on this property and he said they were present for the soils test. Mrs. Bostrom asked Ms. Laubmeier to send the SEQR to Ms. Shanihan. Mr. Fancher left two copies of the plat for the Planning Board. Mrs. Nicholls motioned to hold a Public Hearing next month. Mr. Jacobs seconded the motion, which passed unanimously. The Public Hearing is set for September 4, 2008 at 7:30pm. Ms. Laubmeier gave Mr. Fancher the letter to send to neighbors, the form stating he had posted the sign, and the sign to be posted. Mrs. Bostrom read him the requirements in regard to this. The Public Hearing will be first on next month's agenda.
Agenda Item 7: Richard and Gwen Fitch Application for Boundary Line Adjustment for property located on Old Field Road, Jewett, NY; Tax Map No. 111.00-2-87 and Tax Map No. 111.00-2-92 containing 5.802 and 9.531 acres respectively .
Two maps had come in and were spread out. Mr. Maben was representing the case tonight. The bigger lot has a house belonging to the Fitch daughters. They want to correct the distance from the house to the property line now rather than encounter a problem later on. The smaller lot is mostly wooded with new growth.
The Planning Board reviewed the information for this case. Mrs. Muth wondered where the list of names was, and Mrs. Bostrom replied that the Boundary Line Adjustment law does not require notification of neighbors. Mrs. Muth was looking at an older version of the law. Everything appears to comply with what is required.
Mrs. Kutcher moved to approve the Boundary Line Adjustment; Mrs. Nicholls seconded the motion. There was a Roll Call vote: Mrs. Bostrom - aye; Mr. Jacobs - aye; Mrs. Kutcher - aye; Mrs. Muth - aye; and Mrs. Nicholls - aye.
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.
Darin Elsom was present for Kaaterskill Engineering. The report from Doug Van Deusen was not yet ready, and he hopes it will be available by next month. The escrow account has been increased with an additional $5000 deposit.
Mr. Elsom said that he wanted to address two issues for the Planning Board to consider at the next meeting. The first issue was the question of whether Mr. Rappleyea had looked into the geometry of the lots. Mr. Elsom has had no feedback and said he cannot understand the interpretation of the town law regarding lot dimensions. Mrs. Bostrom answered that the frontages need to be measured either at the road or at the building line as measured parallel to the side lot lines.
The question arose again about lots should Windham have a moratorium; Mr. Elsom said it may be hearsay. The Planning Board stated to Mr. Elsom that in any case, it can only approve lots in the Town of Jewett. He replied that as Lead Agency for the SEQR, the Jewett PB has authority to oversee all other aspects of the project, except the subdivision laws for another town.
Mrs. Bostrom reminded Mr. Elsom that the Planning Board has not approved the Sketch Plan Review for this case, and said it cannot go forward without the preliminary plat. Mr. Elsom restated his position that he hopes to proceed through the SEQR before he finishes the plats. Mrs. Bostrom told him the PB needs to review Mr. Vandeusen's report as well as Mr. Elsom's own supplementary packet.
The second issue Mr. Elsom hopes the Planning Board to discuss next month concerns visual impact, particularly the proposed mitigation on lighting and tree clearing. Mrs. Nicholls said certain people are accustomed to leaving their lights on, so this becomes an important issue to discuss. Mrs. Kutcher mentioned lighting restrictions, and Mrs. Bostrom mentioned motion sensor lights. These proposed mitigations on the property were submitted in a letter by Mr. Elsom dated March 6, 2008 as possible SEQR issues. Mrs. Muth read aloud from her copy of the letter. Mrs. Bostrom said visual impact issues will not impact every lot, and wondered about the stormwater report Mr. Elsom had promised the PB that still has not been received. Mrs.Muth said that last month's Kaaterskill representative Ms. Valachovic had indicated a strong possibility he would reconfigure the lots, but Mr. Elsom said that to do so would really set back the work he has already done such as correlating septic systems with perc tests. Mrs.Muth wondered about reconfiguring the number of lots; he answered that would not be an issue.
Mrs. Kutcher wondered about restrictive covenants: are they written into the deed per lot? Mr. Elsom said restrictive covenants are noted right on the subdivision plat and then probably get written into the deed too. This is intended to be a private subdivision, so an association will be created for road maintenance and another for stormwater management.
Mr. Jacobs inquired whether Mr. Elsom had talked to the Fire Departments, and Mr. Elsom reminded the Planning Board of agreements he had made with the East Jewett Fire Department to install a dry hydrant as a water source, widen areas by the driveways for trucks to pass, and make the entrance so a truck can turn left. He was asked to speak to the Hensonville and Jewett fire companies also. Mr. Jacobs said he had spent years driving very big trucks and expressed his concerns about the entrance to the subdivision, stating his opinion that the entrance would be better if located west, closer to the wetlands. Mr. Elsom said the proposed entrance comes together in a ninety-degree angle, and said there is a huge boulder in the way that must be taken out. He has worked from a manual listing turning radiuses of all types of trucks. Mr. Jacobs worried about water runoff crossing the road and said the water will have to make a one hundred and sixty-degree turn or it will jump the road. Mr. Elsom said his stormwater plan contains a main pond and twelve smaller ponds that should meet all the objectives. He is working with people on it now.
Mr. Jacobs made Ms. Laubmeier aware for the minutes that he was referring to Subdivision Law 4 of 2006, Section 3, E through H, on page 23 and gave her a copy of it for the file.
Mr. Elsom summed up that for next month he would like Mr. Rappleyea's feedback regarding lot widths, that he would send the Planning Board information on turning radiuses for the fire trucks, and his report from the Hensonville Fire Department. He asked the Planning Board to review the packet he provided the members in March and hopes to have the report from Mr. Vandeusen. Mr. Elsom disagrees with the PB's refusal to move forward on the SEQR while still at the Sketch Plan Review stage of the project, stating that all pertinent information is included in the supplemental packet he provided in December 2007. The PB has asked for the preliminary plat before the SEQR process and needs to review the consultant's report with concern to the slopes and the water table.
Mr. Elsom would like to be placed on the agenda next month.
Agenda Item 9: Lars Peters of Acorn Drive, Jewett, NY; Application for Major Subdivision, Tax Map No. 112.00-3-81: Rural Residential District.
Mr. Elsom arrived with a new application for a subdivision, a short form SEQR, and a check for $800 as discussed last month. However, acting on the advice of town attorney, Tal Rappleyea, the Planning Board will not discuss this case until Mr. Peters has repaid the monies spent in good faith by the Town of Jewett on his behalf for consultation on the major subdivision he had earlier proposed.
Mrs. Bostrom reminded Mr. Elsom of Sandy Peterson's promise to get a letter from Mr. Peters cancelling his original major subdivision application.
Mr. Elsom asked to be put on the record stating his disagreement with the Planning Board's position, saying that his client had not agreed to hiring the consultant.
He asked to be placed on the agenda for this case next month.
Agenda Item 10: Report from Greene County Planning Board Representative Gene Beers.
Mr. Beers was ill.
Agenda Item 11: Report from Town Board liaison J.R. Quackenbush.
Mr. Quackenbush had to leave the meeting early due to other commitments, and had made his comments earlier in the meeting.
Agenda Item 12: Other Business
Mrs. Bostrom said that she has asked Mr. Rappleyea to draft a legal document for those cases where an applicant needs to agree to pay into an escrow account. In the future the Planning Board will get the applicant to sign an escrow commitment before it processes the application. Mrs. Muth commented that the right to hire an expert is in Town of Jewett subdivision law. This contains implied consent for payment of escrows.
Mrs. Bostrom had discussed other matters with Mr. Rappleyea including regulations concerning redivision of a previous subdivision. The regulations would apply to a new owner, because the purpose of the law is to limit new development.
Mrs. Bostrom had received a postcard concerning training at Local Government Day on October 23, 2008. Ms. Laubmeier made copies for the Board.
A letter was received from the Hunter Planning Board regarding a proposed subdivision of Eph Abramson's property.
One small change needed correction on the new Sketch Plan Review application form. Once made, Ms. Laubmeier will put this into use and have Pete Peters, the web master, change it on the town's web page.
There was a letter sent to the owner of the drive-in by the ZEO citing violations of its Special Use Permit. A copy was put in a folder labeled "Pending Cases" in case this should come up before the Planning Board.
The Town Board had passed a resolution at its meeting of July 9, 2008 stating the good work of the people serving the various town boards. Copies were made for all members.
The motion to adjourn the meeting was made by Mr. Jacobs, seconded by Mrs. Kutcher, and passed unanimously. The meeting adjourned at 10:35pm.
Respectfully,
Susan Laubmeier, Clerk
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Jane Bostrom, Chair
Zoning Board
August 6, 2008
Roll Call : Chair: Russ Coloton
Members: Margaret Flaherty, Ann Dwyer, Charles Kutcher
Absent: Kathleen Williams
The meeting opened at 7:03 pm.
Agenda Item 2: Approval of Minutes of July 2, 2008.
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: 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 in accordance with 6 NYCRR 617.5 zoning interpretations are exempt from SEQRA as a Type II action. Members agreed. Mrs. Dwyer stated that pursuant to § 239 (l) and (m) of the General Municipal Law certain applications before Town Zoning and/or Planning Boards must be referred to the County Planning Board and that a zoning interpretation is not one of the delineated actions requiring such referral. Mrs. Dwyer confirmed that the record of the public hearing was kept open for additional testimony and/or documentation receipt until this meeting. Mr. Coloton expressed concern about the testimony received so far and whether it was sufficient to make a determination either way. He recommended re-opening the Public Hearing and requesting additional testimony from both parties. Since neither party is in attendance at this meeting, Mr. Coloton recommended the ZBA send a letter of explanation to each party stating that the Board feels there is insufficient evidence of the non-conforming use prior to the adoption of the Zoning Law in 1991 and insufficient evidence that the use was discontinued for three consecutive years. Members discussed requesting Mr. Pelham provide an exact description of the business in operation at the time of the adoption of zoning; provide supporting documentation and evidence of that business at that time; and provide supporting documentation and evidence of the continuity of that 1991 business. Members highly recommend providing business records in the form of: invoices, tax returns, sales receipts, material receipts, equipment receipts, photos of the property prior to zoning and after zoning, the original saw receipt or documentation, lumber purchase receipts, and contractors worked for. Members acknowledged that it is harder to prove the business had been discontinued for three years, but are requesting Mr. Pansini provide any further evidence to support the claim. After the discussion, Mr. Coloton made the motion to re-open the Public Hearing and schedule it for September 3, 2008 at 7:00 pm; for the ZBA to be responsible for all the notices required under the law; and for the ZBA to send letters of explanation, as discussed above, to the parties. Mr. Kutcher seconded the motion. The vote was four ayes and the motion carried.
Agenda Item 4: Application for Area Variance for Peter and Lyn Gillespie of 1378 Goshen St. Jewett, NY, Tax Map No. 111.00-2-21, District: Rural Residential. Present: Peter & Lyn Gillespie.
The applicants have a pre-existing undersized lot of .54-acres in the Rural Residential District. They are proposing renovation of the current house to include a bedroom upstairs and an addition to include a family room and a garage to the side of the house. Mrs. Dwyer presented the digital pictures she had taken of the property to the members. Members reviewed the plan submitted and determined the proposed addition would encroach into the side yard. Members requested the applicant indicate the location of the well, the septic system, the leach field, and the existing stone wall on the plan. In addition, exact measurements to the lot lines should be included. Members discussed that the building is a pre-existing non-conforming building and the addition would increase the non-conformity. Members and the applicants discussed whether the proposed addition could be moved back so that it would not encroach on the side yard. The applicants agreed to review the recommendation and to submit a revised plan. They requested that the application be placed on the pending list until they contacted the secretary to schedule it on the agenda. Members agreed.
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 8:45 pm.
Respectfully submitted,
Ann Dwyer,
Secretary
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Accepted
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