A regular meeting of the Jewett Town Board was held on August 8, 2007. Supervisor Michael Flaherty called the meeting to order at 7 PM. Present were Board members Thomas Hitchcock, Charles Kutcher, Elaine Warfield and Harry T. Wilson.
Present were Attorney for the Town Tal G. Rappleyea, Superintendent of Highways Robert Mallory, Building Inspector Thomas Cross, Zoning Officer William Dwyer, CPA Bradley Cummings, town residents J.R. Quackenbush, Frances Benjamin, Jeff Loucks, Neva Wonsala, newspaper reporter Mike Ryan and the town clerk.
Minutes of the June 20, 2007 special meeting were accepted on a motion by Councilman Kutcher, 2nd by Councilwoman Warfield and carried.
Minutes of the July 11, 2007 regular meeting were accepted on a motion by Councilman Wilson, 2nd by Councilman Kutcher and carried.
The Supervisor’s monthly financial report was given to the Board.
The Board looked at the building inspector’s monthly written report.
The building inspector reported that building permits are still depressed from last year but he is still optimistic they will pick up. Unsafe buildings were discussed; also a property maintenance issue on Carl Road that is being worked on.
Councilman Hitchcock made a motion, 2nd by Councilman Wilson and carried accepting the building inspector’s report.
The Board reviewed the zoning officer’s monthly written report. The zoning officer reported little activity at this time.
Councilman Kutcher made a motion, 2nd by Councilman Hitchcock and carried accepting the zoning officer’s report.
Courtesy of the floor was opened.
East Jewett resident Francis Benjamin stated, “a couple years ago I mentioned about some places that should be torn down and so far nothing’s been done about it.” He brought pictures of those buildings located at Shabby Ranch on Co. Rt. 23C. He said there is also a building that looks unsafe at the end of Griffin Road.
The building inspector said a letter was sent to the owner of Shabby Ranch and some work has already been done. The building inspector will check the Shabby Ranch property again and look at the building in question on Griffin Road.
East Jewett resident Nera Cruz said there is a building on Colgate Road that very recently has been covered with graffiti. She did notify the State Police but cannot put in a complaint because she is not the owner. Ms. Cruz asked if the Board could write a letter of complaint to the State Police. She also said that more presence is need at Colgate Lake.
Later in the meeting Ms. Cruz informed the Board that the owner of the property with graffiti on the building has been notified and will place a complaint with the State Police.
Courtesy of the floor was closed.
The Superintendent of Highways said the town wide pickup would be done in the month of September.
Information on the pick-up will be posted on the town’s web site, in all local post offices and in the newspaper.
CPA Bradley Cummings, from the firm that did an independent audit of the Towns financial status, reviewed that audit report for the Board.
The audit was from December 31, 2006 to February 28, 2007. He said the Town was fiscally sound and the two most important items were unsigned time cards from the highway department and updated W-4 eligibility forms. The audit is on file in the Town Clerk’s office for review.
Mr. Cummings was asked to submit estimates to the Board on the Quickbooks system for the bookkeeper and the cost of doing a quarterly audit.
Supervisor Flaherty made a motion, 2nd by Councilman Wilson and carried to renew the moratorium on major subdivisions for another 6 months. This will be Local Law #8 of 2007. A Public Hearing is scheduled for the September 12, 2007 regular meeting.
Discussion on areas in the Town’s conservation districts for possible adult uses was tabled.
Outside wood furnaces were discussed. Councilman Kutcher said there were two options. Drop the law because the State and/or the Federal government will probably pass a law on this item by the end of next year or redo the law and remove the height and setback requirements.
Councilman Kutcher made a motion to drop the law but after discussion he withdrew the motion.
Attorney Rappleyea will rewrite the law and present the Board with a draft at the September meeting.
A request for bids on an interior renovation project for the dinning room and kitchen in the municipal building have been put in the newspapers. Bids will be opened at the September meeting.
Supervisor Flaherty made a motion, 2nd by Councilman Wilson and carried to approve Resolution 12. This resolution gives the justice court approval from the Town to order equipment for the courtroom from the State Court System at no cost to the Town.
ROLL CALL VOTE Aye Flaherty, Hitchcock, Kutcher, Warfield and Wilson.
The finance committee of Councilwoman Warfield and Councilman Wilson audited the bills prior to the meeting.
Councilwoman Warfield made a motion recommending the Board approve the audit. Councilman Wilson 2nd the motion and all Board members voted Aye.
The general fund was $12,878.29 on abstract #8, claim numbers 186 to 206. The highway fund was $91,171.00 on abstract #8, claim numbers 138 to 150.
A motion was made by Councilman Kutcher, 2nd by Councilman Hitchcock and carried accepting the June financial reports.
Budget workshops were rescheduled for September 19th and 26th at 9 A.M. in the municipal building.
Supervisor Flaherty made a motion, 2nd by Councilman Wilson and carried approving Resolution #13. This resolution is an amendment to the highway budget for funds received from FEMA for the April 16, 2007 storm.
ROLL CALL VOTE Aye Flaherty, Hitchcock, Kutcher, Warfield and Wilson.
NYC wants to acquire 191 acres on Scribner Hollow Road. There is a 120-day comment period. Comments from the Board will be heard at the September meeting.
Shanty Hollow Corporation (Hunter Mountain) has applied to NYSDEP for a stream disturbance permit in the Schoharie Creek. They want to construct a second water intake structure on the Schoharie Creek and construct a new water storage reservoir south of Deming Road for snowmaking purposes. The public hearings will be held on August 22nd and 23rd at the Hunter Mountain lodge. Councilman Hitchcock will attend and see how or if this affects the Town of Jewett.
The first public hearing on the draft comprehensive plan will tentatively be held on September 1st in the morning in the municipal building. The meeting date and time will be advertised in the paper and copies of the plan will be available in the Town Clerk’s office.
Jeff Loucks reported on his conservation with consultant Mr. Pinsky.
Mr. Pinsky suggested he meet with the fire departments and do need assessment. He would then make a plan and present it to the Board. Mr. Pensky estimated this would take between 6 and 7 hours to complete.
Councilman Wilson made a motion, 2nd by Councilman Hitchcock and carried approving hiring the consultant at a cost not to exceed $2000.
Councilwoman Warfield will contact Mr. Pensky.
Greene County Soil and Water District employee’s completed a walk thru of the Eastkill Creek. Information and pictures can be accessed on the computer.
There has been interest in purchasing the Town’s gravel bank on Co. Rt. 23C and Losee Road. This is a 2-acre parcel not used by the Town. This discussion was tabled.
There being no further business the meeting was adjourned at 9:25 PM on a motion by Supervisor Flaherty, 2nd by Councilman Kutcher and carried.
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Patricia Merwin Town Clerk RMC
Planning Board
August 2, 2007
Agenda Item 1: Meeting called to order at 7:35pm
Roll Call: Chair: Jane Bostrom
Members: Gene Beers, Joan Kutcher, Janet Nicholls, J.R. Quackenbush, and Paul Rosedale. Absent: Carol Muth.
Agenda Item 2: Approval of Minutes of July 5, 2007.
The Planning Board reviewed the minutes of August 2, 2007. Mrs. Bostrom made corrections in terminology on pages 1, 2, and 3. Mrs. Nicholls motioned to accept the minutes; Mr. Quackenbush seconded the motion and the corrected minutes passed unanimously.
Agenda 3: Public Hearing for Werner and Helga Pscherer Application for Minor Subdivision; Tax Map No. 110.00-6-95: Rural Residential.
Mr. Pscherer had provided new maps, which the Planning Board unrolled and discovered were basically the older maps copied on a larger piece of paper. It was commented that the dimensions were still wrong. Mrs. Bostrom asked the Planning Board at large what size our regulations state maps should be? Mr. Pscherer handed Mrs. Bostrom an old copy of the County Clerk’s subdivision map requirements. She reviewed this and handed it back to him saying that Jewett Planning Board regulations differ. The regulations state that five copies of maps for both major and minor subdivisions should be presented to the Planning Board Clerk. Upon reviewing the regulations for size, the Planning Board requires a map upon a 24” x 36” paper, and the map itself should be scaled at no less than 200’ per inch. The Planning Board decided this map qualifies.
Mr. Quackenbush made the motion to open the Public Hearing; Mr. Beers seconded the motion, and it passed unanimously. Mrs. Bostrom asked whether any public were present for the hearing. There were not. Mrs. Bostrom then said she had received a phone call from Robert Coyne who was concerned whether the Pscherers were making smaller lots than Mr. Pscherer was proposing.
Six pages of new information from the DEP were faxed over today. Mrs. Bostrom read parts of it aloud, summarizing the content for the Planning Board. The Planning Board has DEP septic system approval for what the Pscherers are seeking to do.
Mrs. Kutcher made a motion to close the public hearing; Mr. Quackenbush made the second motion; the vote carried unanimously.
Agenda 4: Werner and Helga Pscherer Application for Minor Subdivision; Tax Map No. 110.00-6-95: Rural Residential.
Mrs. Bostrom summarized that last month the Planning Board reviewed all the distances and found them to be correct and that the maps have been approved. Mrs. Kutcher commented that the Planning Board required that size map because of how they get stored. Mrs. Bostrom called for a Roll Call vote to approve the Pscherers’ application for Minor Subdivision.
Mr. Rosedale made a resolution to approve the Pscherers’ application for a minor subdivision; Mr. Quackenbush seconded the resolution.
Roll Call vote: Jane Bostrom – aye; Joan Kutcher – aye; Gene Beers – aye; Paul Rosedale – aye; J.R. Quackenbush – aye; Janet Nicholls – aye; Carol Muth – absent.
The Roll Call vote passed unanimously among those present. Mrs. Bostrom signed the copies of the maps for the Pscherers whom she advised to take the maps to the County Clerk in Catskill within 30 days.
Agenda 5: Thomas A. and Earnest J. Tolve: Route 23C; Application for Minor Subdivision, represented by Tom Poli for Larry Vanucchi; Tax Map No. 130.00.01.12: Rural Residential.
Tom Poli brought the Planning Board the completed front copy of the SEQR, the application for minor subdivision, the $200 payment for this application, and an application for a variance for the Zoning Board of Appeals. Mrs. Bostrom explained to Mr. Poli that this was not what we asked for. The variance he needs is one only the Planning Board can give (Section V). Mr. Poli provided the Planning Board with a letter of intent from the Tolves to build two retirement houses on the property. Mrs. Nicholls read the letter aloud to the Planning Board; Mr. Tolve made an emotional appeal to his love of the town and promised to make appropriate road maintenance on the lot. Mrs. Bostrom stated that what was required was a request on the application form for an exception to the requirements. Mr. Wieman simultaneously spoke up from the floor suggesting the Planning Board help Mr. Poli come to the correct wording on the variance.
The Subdivision Regulations Section V states that the Planning Board may when practical difficulties or unnecessary hardships exist grant variances as to size and dimension of the lot under consideration without referring to the Zoning Board of Appeals. The applicant needs to include on the application how it fails to meet our requirements.
Mrs. Bostrom noted that the lots are larger than the required acreage for this zone and could perhaps be a trade-off for lot width. The lot is 195.8’ wide at the bottom, and the Planning Board still must consider taking off 50’ for the driveway to the back lot.
Mr. Beers said that this long narrow lot was similar to the Sackett lot that was wide enough but lacking depth – that particular case had sufficient frontage to pass. The question arose whether there is enough acreage on this lot to meet the needs of two homes. Mrs. Bostrom stated that the first lot does not meet frontage width requirements when the driveway is considered. The driveway is to the upper, or rear lot. Mr. Rosedale questioned whether we could approve a lot of 140’ width; the total lot is almost 8 acres. Mr. Quackenbush asked if the Planning Board breaks the rule for this case, where do we draw the line? Mr. Beers said the Planning Board has the power to break it if we can substantiate it. Mr. Rosedale asked why is there a 200’ minimum lot width requirement? Mr. Beers said that he was uncertain, but raised Mr. Rappleyea’s question: If you can build here and meet the setbacks for the property line, then Mr. Beers feels it can be approved. Mr. Rosedale said that if we set one precedent, then people could come in and argue against the Planning Board’s other decisions. Mrs. Bostrom commented the Planning Board has been getting all shapes and sizes of lots lately, citing the example of wider backs than fronts on cul-de-sacs. Mrs. Kutcher commented that we also have the problem of driveway safety and visibility.
Mrs. Bostrom asked Mr. Poli if they had received DEP approval yet. They will need it.
Mr. Quackenbush, responding to the mood of Mr. Tolve’s letter, said that as the Planning Board we wish to be humanitarian and consider people’s needs, but asked again, where do we set the precedent? Mrs. Bostrom replied the Planning Board has the authority to do what it can, but this is a very odd shaped lot. Mr. Quackenbush said that it was suitable for one house. Mrs. Nicholls suggested to Mr. Poli that the Tolves consider a two-family dwelling. Mrs. Bostrom inquired as to whether both or just one of the Tolve brothers owns the land? Mr. Poli replied that one owns it, but intended to sell half to his brother for the purpose of his retirement home. Mr. Rosedale said the Planning Board would have no trouble with one house going on it even though the lot is 2’ shy. Mrs. Bostrom replied that there are many undersized lots in Jewett that have no house upon them yet. The problem arises with septic systems, reserve septic systems, setbacks, et cetera. Mr. Quackenbush wondered if this would be a problem if the Tolve brothers were co-owners. Mrs. Nicholls reiterated her opinion that Tolves consider building a two-family home. Mrs. Bostrom asked whether there were contours drawn on the map; there are and they are labeled along the right hand side. Mrs.Bostrom then asked whether the land was wooded. Mrs. Nicholls reminded her that Joe Vanucchi said it was being logged earlier in this case. Mr. Quackenbush questioned what is a good argument for approving this application and what is not. Mrs. Bostrom replied that the Planning Board must set a good precedent. Mr. Poli asked whether the Tolves could share a driveway. Mr. Beers said they could build a road instead, stating the Jewett Town law against two homes sharing a driveway. Mrs. Bostrom said the Planning Board can not make a decision on this case until it has heard from the DEP.
Mrs. Bostrom told Mr. Poli that the regulations state the Planning Board needs information from the DEP. Mr. Beers asked whether the lot meets all setbacks required by the DEP. He mentioned again the Sackett lot that was long and narrow in width rather than in depth. Mr. Rosedale did not perceive how the two cases related. Whilst the two men were in discussion, Mrs. Nicholls got the map and perused it with Mrs. Bostrom. Mrs. Bostrom then answered their discussion by saying that the town law has no depth requirements, so it is not a comparable situation. Mrs. Nicholls suggested that the Planning Board wait until the information from DEP is received as this can aid the decision. Mr. Beers said he would second that motion.
Mr. Poli asked if he returned with the DEP approval and if the Tolve brothers were co-owners if the Planning Board would accept the difference of road frontage. Mrs. Bostrom asked whether the adjacent lands were developed. On the map these are the lands of Vosilla, Eisenburg, and Curran. Mr. Quackenbush said that if a parcel next door were for sale, that may be an option for Tolve to consider. Mrs. Bostrom returned the request for a variance to Mr. Poli and asked him to state on the application form in what way the property fails to meet Jewett’s requirements and to request approval for the lot less the width of the driveway. Mrs. Bostrom then summarized the case for Mr. Poli stating that the Planning Board has received part of what is needed but not all: DEP septic system approval is needed and a request as per part D on the application for a Minor Subdivision. Mr. Quackenbush asked whether all this would be a moot point and whether anything would change. Mrs. Bostrom said perhaps the DEP would give us reason to approve it. Mr. Beers agreed, saying that our position as a Planning Board is to be helpful. Further comments were made about the difficulty of this case. Mr. Quackenbush and Mrs. Nicholls informed Mr. Poli that the Eisenburg lot bordering Tolve’s lot is for sale. No action was taken tonight on this case.
Agenda 6: 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 Dave Wieman of Kaaterskill Engineering.
The Planning Board got out two of the newest maps and spread them out for review. Mrs. Bostrom said she had sent a letter to Tal Rappleyea, Planning Board lawyer, concerning the two issues that had troubled us last month. The first question was how to measure for the width as the Planning Board was uncertain whether to measure at right angles or parallel to the road. At the last meeting, Mr. Rosedale said it had been measured both ways. Mr. Rappleyea advised to measure parallel to the road. At the setback line of 75 feet the parallel measure is 145 feet; at the building line, the parallel measure is an easy 300 feet, making an average of about 220 feet. Therefore the width is no problem.
Our other concern had been the problem of one driveway. Mrs. Bostrom said that Mr. Rappleyea and she had discussed three possible alternatives: (1) a shared driveway, (2) approval for the condition that no building permit be issued until the driveway is in or, (3) a conditional approval pending installation of the driveway. Mr. Wieman said he had spoken to Tal Rappleyea earlier that afternoon and Mr. Rappleyea had proposed that if the lot meets the frontage requirements that the Planning Board could approve it stating that no building permit can be issued until the new driveway is installed. Mrs. Bostrom said the Planning Board couldn’t create a lot wherein the house has no access and that is why this situation cannot be resolved in that way.
Mrs. Bostrom then called the attention of the Planning Board to the memo she had provided to member summarizing the New York City DEP requirements. The memo states (#10) that “No road or driveway is allowed within 100 feet of a perennial watercourse.” The existing driveway is practically in the stream due to previous erosion. Mr. Wieman pointed out the proposed new driveway to the property line and that it would not be paved. Mrs. Bostrom said the Planning Board must make the decision tonight because of the 62 day maximum from the public hearing and that it has the option to approve the subdivision conditionally; to wit, she will not sign the maps until the driveway goes in. Mr. Sandler has 120 days to achieve this, and should there be a delay for any reason, he has two 90 day extension grace periods he must apply for. That gives him a year to install his driveway. Mr. Wieman reminded the Planning Board that Mr. Rappleyea had suggested not granting the building permit until the driveway is in, but the Planning Board rejected this suggestion as it leaves two properties sharing one driveway, not compliant with Jewett Town Law.
Mr. Quackenbush made a resolution to conditionally approve this application for a minor subdivision upon completion of building a new driveway to the existing house. Mrs. Kutcher seconded the resolution.
Roll Call Vote: Mrs. Bostrom – aye; Mrs. Kutcher – aye; Mr. Beers – aye; Mr. Rosedale – aye; Mr. Quackenbush – aye; Mrs. Nicholls – negative; Mrs. Muth – absent. The resolution passed with five votes in favor, and one against.
Mr. Wieman asked Mrs. Nicholls why she cast a negative vote, and she said that the septic system is not where it ought to be. Mr. Wieman commented that the DEP approved it. Mrs. Nicholls replied there is a small swamp area where the septic system will be located, and that sometimes engineers make the wrong decisions.
Mrs. Bostrom told the Planning Board clerk that in the case of conditional approval, a memo of the resolution, the condition which must be met, and the time periods involved must be sent to the owner and his representative within five days. Mr. Wieman asked whether members of the Planning Board would visit the site to make sure the new driveway had gone in, and Mrs. Bostrom replied, “Yes!”
Agenda 7: Report from Greene County Planning Board Representative Gene Beers
Mr. Beers stated that this was a short meeting. Under discussion was a pole barn in Lexington, an 8-unit apartment building behind Lowes in Catskill, a new video store in Cairo next to the Dollar Store, and that there will be training in September for how to hold meetings, public hearings, and dealing with applications. Training will be September 17 and 24 at the college.
Agenda 9: Other Business: Site Visits
The consultant for the Town Master Plan strongly advocates site visits by the Planning Board. It has been our practice to encourage site visits. Mr. Quackenbush expressed his preference to visit every site the Planning Board receives an application for. In response to a joke by Mrs. Kutcher, it was decided that Mrs. Laubmeier would design a Planning Board ID card for use whenever members go visiting. Mrs. Nicholls has the photos and Mrs. Kutcher has the laminating machine.
There being no other business, Mrs. Kutcher motioned to adjourn meeting; Mrs. Nicholls seconded. The vote was unanimous. The meeting closed at 9:40 pm.
