September 7, 2005

A meeting of the Future of Jewett committee was held on September 7, 2005. Supervisor Michael Flaherty called the workshop to order at 7P.M.

Present were Board members Thomas Hitchcock, Charles Kutcher, Paul LaPierre, Harry T. Wilson and the town clerk.

Budget workshops were scheduled for October 5 th and 12 th at 7 P.M. in the Municipal building.

Councilman Wilson said, "Parts of our vision is to protect the future of the Town and the towns people. We should start articulating point by point those things we want to see in our vision of the future, such as what are we doing with the Towns Future Fund?"

"We should come up with a concrete goal to say what that's for other than vagness and start putting it down, substantive issues such as the aquifer or growth issues. If there were a heritage of this Board it would be what growth is going to do to this town and how we can make the impact of growth beneficial to the town's people. It's almost like a vision statement of what these meetings are all about."

Councilman LaPierre said, "The same construct as a business plan. Also inter mixed with that is the need to look at the resources of the community. I don't know how we address some of that without doing a study on things like the water table."

The Councilman will get in touch with the USGS for any existing information.

Supervisor Flaherty said, "There are some new opportunities coming out of the CWC which I'll see if they fit into what were talking about."

Councilman Wilson said, "The aquifer is one piece of the infrastructure. Why are we having these talks? Ideally produce a document that could say here is our vision of the Town's future and have the town's people input into that."

Supervisor Flaherty said, " There's a good chance this building will need replacing and our fund for the future account will help take care of that situation."

Councilman Kutcher said, "A lot of the issues are supposed to be raised in the $20,000 grant we just received. There will be three rounds of surveys and meetings and focus groups."

"There is a trend to the way the Town is going. There are more homes coming in and more expenses and more demand on recourses. The home prices will continue to raise and taxes are going to go up and it will be harder and harder for people to live here. This is happening everywhere."

"Then there is the direction the people in Town want to see. One part of this survey is to figure out what people in fact want. Part of this is to make people aware of what is happening."

Councilman Hitchcock said, "I think what we're all saying is that Jewett is not unique in the problem we're facing with this second home, local population. I'm hearing that we should tap into that second homeowner resource. They have expertise for us to utilize."

Another issue brought up was Colgate Lake. Councilman Hitchcock said, "It's being used but not managed." He asked if the Board could somehow talk with State officials about this?

Councilman Kutcher said, "Let set aside the idea of using Colgate Lake as some kind of park. Colgate Lake is unsanitary, it's unsafe and it's unmanaged. I've heard that on weekends the Town people don't go."

Councilman Wilson said, "The mountain top is a tourist destination but there is no economic benefit to having people come to the Town because they can't eat or buy gas."

Councilman Kutcher said, "It seem to me that one of the questions we're trying to answer is how do you protect and what do you need to protect? The quality of life, the environment, the water, the view shed and the affordability of housing and job opportunity in a small residential township in the midst of an expanding tourist area."

" That's the question were asking ourselves. Can it be done and the answer may be it's not doable."

Councilman Wilson said, "One thing is the Hunter Foundation, the Windham Foundation and Maplecrest are having a profound effect on the mountain top. We are conspicuously absent from any of that. Are we the bedroom part of that? Yes."

The Councilman asked whether our zoning supports our vision of the future?

Supervisor Flaherty said, " To answer the question of why we are meeting, I think every time we do this we walk away with a little more common knowledge. I don't want anything sneaking up and biting us."

Councilman LaPierre said "He would like to modify zoning someway to allow for small commercial activities in Town outside of retail business'."

Councilman Hitchcock said, "Is there anything we could do about Internet hookups."

Supervisor Flaherty will look into the date for the renewal of the contract with Time Warner and see if the Internet hookup could be part of that renewal. He thought the renewal was in the next two years.

Councilman Wilson will invite a representative to speak with the Board about Colgate Lake.

The meeting was adjourned at 9 P.M.

___________________________

Patricia Merwin Town Clerk

Town Board - Regular Meeting

 September 14, 2005

A regular meeting of the Jewett Town Board was held on September 14, 2005.
Supervisor Michael Flaherty called the meeting to order at 7P.M. The meeting was held in the East Jewett Fire House. Present were Board members Charles Kutcher, Paul LaPierre and Harry T. Wilson. Councilman Thomas Hitchcock was absent.
Also present were Building Inspector Tom Cross, Zoning Officer William Dwyer, Attorney for the Town Tal G. Rappleyea and Assessor Georgette Krauss.. Town residents Jane Bostrom, Werner Pscherer, Ann Dwyer, Christine Timm, Ethan Tarnow, David Kessler, newspaper reporter Mike Ryan and the town clerk.

A moment of silence was observed to commemorate 9/11.

Condolences were extended to the family of lifetime East Jewett Fire Department member Donald Legg.

The Supervisor’s report was given to the Board and bank statements were made available for review.

Minutes of the August 10, 2005 regular meeting were accepted on a motion by Wilson, 2nd by LaPierre and carried.
Minutes of the September 7, 2005 Future of Jewett workshop were accepted on a motion by Flaherty, 2nd by Wilson and carried with the following addition: During the meeting it was suggested that sometime in the future the Town may have to consider senior housing.

The Building Inspector gave his monthly written report to the Board. He presented the Board with pictures of several houses in progress. To date 45 building permits have been issued with another 3 or 4 uncompleted ones to come in. There are approximately 24 single-family residences and one major renovation going on.
Supervisor Flaherty made a motion to accept the report, 2nd by LaPierre and carried.

The Zoning Officer gave his monthly written report to the Board. Attorney Rappleyea reported that he has filed a claim with the title insurance company concerning the Blodget property on Beaches Corners Rd.
The zoning officer was asked to find out the disposition on the Streinherr case now in court.
Supervisor Flaherty made a motion to accept the report, 2nd by LaPierre and carried.

Under courtesy of the floor Ethan Tarnow representing Shabby Ranch in East Jewett addressed the Board.
Mr. Tarnow said “We want to start bringing the ranch back to what it was. We will start to apply for permits to develop a studio building. The property has the potential to grow into an art and musical center for the Town and outside interest. We are the tenants but have had meetings with the owner Anthony Goldman. Mr. Goldman was supportive of our ideas. We first need to build a business plan. We’ve made steps to clean up the property and take down some of the old building.”
Councilman LaPierre stated that he and Mr. Tarnow have spoken several times about this at some length. “The possibility was indicated to me of a partnership with Mr. Goldman. We talked about the idea of a portion of the ranch becoming a performance venue for their activities but on a broader scale being available to the Town for various kinds of performances much like the Center Church is in Windham.”
“We discussed the possibilities of getting some grant monies through the NYS Council on the Arts and Greene County Council on the Arts.”
“It seems to me that at some point maybe the Town, Anthony Goldman and Mr. Tarnow’s group should get together and really start to look at what the options are there and how it could fit into the structure of the Town and also satisfy their needs.”

Councilman Wilson, “I think the first step should be to work up a plan to see if it’s counter to any Towns laws. Do an outline.”

Attorney Rappleyea suggested they do a narrative with sketches.
Councilman Kutcher encouraged Mr. Tarnow to do the first draft quickly as the Town has a grant to redo its planning laws. Part of what will be looked at is what kind of business’ are in Town and what may come in.

Under old business the Board received written comments from the Planning Board concerning the amendment to the subdivision law on private roads.
The Planning Board is requesting another amendment to the subdivision law on the posting of signs on property.
The Board will review these items and they will be on the October 8th agenda.

Attorney Rappleyea has sent a FOIL request to the proper agencies on incident reports discussed at the last meeting in executive session. He is waiting for that information to come in.

The Board received the re-write on the health insurance after retirement. This item was tabled until the full Board is present.

Under new business the Board discussed Empire BC/BS health insurance.
Councilman Kutcher went onto the web site. He said it would be something the Board would have to look at longer term because it is more money.
Georgette Krauss pointed out that this is a NYS plan and part of the NYS retirement system. “This plan is set up for municipalities and government entities and is a much better fit for employees.”
Councilman Wilson “We’re on a very fine narrow line between being good custodians of public funds versus wanting to keep good employees. We have to be competitive on the mountain top.”
The Town of Durham is one of the Towns that participate in this plan. Attorney Rappleyea also works for the Town of Durham and will obtain information for the Board to look at.

A motion was made by Flaherty, 2nd by Wilson and carried approving Resolution #12. This resolution is to move funds to pay for air conditioning in the municipal building.
ROLL CALL: Aye 4 Flaherty, Kutcher, LaPierre and Wilson.
Nay 0
Absent Hitchcock

A motion was made by Flaherty, 2nd by LaPierre and carried approving Resolution #13. This resolution amends the general fund appropriation 8020.4 for the zoning grant.
ROLL CALL: Aye 4 Flaherty, Kutcher, LaPierre and Wilson.
Nay 0
Absent Hitchcock

Board of Assessment Chairwoman Laurie Hanenberg sent notice that she does not wish to be considered for re-appointment to the BAR.

Councilman Kutcher made a motion to re-appoint Margaret Flaherty to a 5-year term on the Zoning Board of Appeals. Seconded by Wilson and carried.

Councilman Wilson made a motion to re-appoint Paul Rosedale to a 7-year term on the Planning Board. Seconded by Kutcher and carried.

The finance committee of Councilmen LaPierre and Wilson audited the bills prior to the meeting.
Councilman LaPierre made a motion recommending the Board approve the audit. Councilman Wilson seconded the motion and all Board members present voted Aye.
The general fund was $20,817.08 on abstract #9, claim numbers 196 to 223.
The highway fund was $22,501.93 on abstract #9, claim numbers 131 to 151.
September 14, 2005 page 3 of 3

There being no further business the meeting was adjourned at 8 PM on a motion by Flaherty, seconded by LaPierre and carried.

__________________________________
Patricia Merwin Town Clerk

Planning Board

September 1, 2005

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

The meeting was called to order at 7:30 PM.

Agenda Item 2: Approval of Minutes of August 8, 2005.
After minor correction, Mrs. Muth made the motion to approve the minutes. Mr. Beers seconded the motion. The vote was unanimous and the motion carried.

Agenda Item 3: Public Hearing on Application for Special Use Permit for Marilyn Stefans of 47 Finnish Lane, Jewett, NY, Tax Map No. 111.00-4-30, District: Conservation. Present: Marilyn Stefans

Mr. Beers made the motion to open the Public Hearing. Mrs. Nicholls seconded the motion. The vote was unanimous and the hearing opened at 7:37 pm. Ms. Stefans submitted the required certified mailing receipts and the sign posting certification. Mrs. Bostrom called for comments from the public. Mr. Jim M. Murray of 31 Finnish Lane inquired whether the house was too close to the boundary line. Mrs. Bostrom noted it was located 80 feet from the side lot line. Mr. Murray inquired whether Ms. Stefans could move the location of the house further back approximately 100 to 200 feet on the property. He protested the location of the proposed house is observable from his house. He also noted the proposed well location is very near his leach field. Ms Stefans stated the proposed house location was recommended by DEP, as was the location of the well. She stated she would consult with her engineer regarding the well location. Mr. Murray expressed concern about the number of trees already removed and inquired whether any more trees were to be cut down. Ms. Stefans stated she had no intention of removing any more trees. Mrs. Bostrom noted that aesthetics is not a special use standard to be considered by the board. Members determined the location of the well would have no impact on Mr. Murray’s leach field. Mrs. Kutcher noted that planting conifers and evergreens would do wonders in decreasing the visibility of the proposed house. Mr. Beers noted that houses built on neighboring property sometime see each other. Mrs. Muth noted that this is not a planning board matter, the applicant met the standards of a special use and the visibility issue could be resolved between the neighbors. There were no other comments from the public. Mrs. Muth made the motion to close the public hearing. Mr. Beers seconded the motion. The vote was unanimous and the hearing was closed at 7:55 pm.

Agenda Item 4: Application for Special Use Permit for Marilyn Stefans of 47 Finnish Lane, Jewett, NY, Tax Map No. 111.00-4-30, District: Conservation. Present: Marilyn Stefans, Vahan Khawzadian

Members reviewed the application and drawings. The Board requested no more trees between the two properties be removed and Ms. Stefans again stated she was not planning to remove any more trees, unless she needed to, if the well location is changed based on a recommendation by her engineer. She stated she was willing to further discuss with Mr. Murray actions they could agree on to lessen the impact to his property. After the review, Mr. Beers made the motion to approve the Special Use Permit for a one-family home. Mrs. Nicholls seconded the motion. ROLL CALL VOTE: MRS. BOSTROM – AYE; MRS. NICHOLLS – AYE; MRS. MUTH – AYE; MR. BEERS – AYE; MR. ROSEDALE - AYE; MRS. KUTCHER – AYE; VACANT.

Agenda Item 5: Application for Boundary Line Adjustment from John Mignone to John Mignone [changed to Application for Sketch Plan Review] of 121 and 189 Sugar Loaf Trail, Jewett, NY; Tax Map No. 132-00-3-63 and 132.00-3-64; District: Rural Residential. Present: John Mignone.

Mr. Mignone is applying to transfer approximately .9-acres from his 3.8-acre parcel to his 1.8-acre parcel which would result in two 2.7-acre parcels.
Mrs. Bostrom explained the Court of Appeals recent ruling determined that all lot line adjustments are actually subdivisions and must go through the complete subdivision procedure. Mrs. Dwyer supplied Mr. Mignone with an Application for Sketch Plan Review for Subdivision which he completed and submitted. Members reviewed the sketch plan and determined names of all neighbors within 500 feet should be noted on it. Mr. Mignone stated the utility to serve the rear parcel is to come. Mrs. Bostrom noted there is an encroachment of Sugar Loaf Trail on neighboring properties. Mr. Mignone stated the existing road was in such disrepair, he had it re-done so he could access his property. Members determined the encroachment must be corrected and Mr. Mignone agreed. After review of the application and sketch plan, Mr. Rosedale made the motion to classify the proposal as a minor subdivision. Mrs. Kutcher seconded the motion. The vote was unanimous and the motion carried. Mrs. Dwyer supplied Mr. Mignone with an Application for Minor Subdivision and a short form SEQR. Mr. Mignone paid the application fees: both the balance of the Sketch Plan fee and the Minor Subdivision fee.

Agenda Item 6: Application for Sketch Plan Review for Konstantin Kostov and Biliana Alabatchka of 294 CR 77, Jewett. NY; Tax Map No. 111.00-3-16; District: Rural Residential. Present: Mr. Richard Sardo, Land Surveyor.

The applicants are proposing to divide their 52-acre parcel into three lots: one 4.24-acre parcel that contains the existing house; one 2.77-acre parcel; and one 45.78-acre parcel of remaining lands. There is an existing driveway on the 4.24-acre parcel which also serves the neighboring parcel with an existing right of way. The applicants are proposing a private road from CR 77 to serve the 2.77-acre parcel and the 45.78-acre parcel. Mrs. Bostrom advised Mr. Sardo that this proposal would be classified a major subdivision due to the proposed private road, and, according to current regulations, motor paving is required on the road. Mr. Sardo stated he would advise his clients regarding this requirement and let them decide how to proceed. Members agreed.

Agenda Item 7: Application for Sketch Plan Review for Russell Finazzo of 133 Windy Lane, Jewett, NY; Tax Map NO. 111.00-2-10; District: Rural Residential. Present: Paul Tillmann, Santo Assoc.

Mr. Finazzo has a 19-acre parcel located at the cul-de-sac end of Windy Lane. No one present knew whether Windy Lane was paved. Windy Lane is located off Meadow Lane, which is a paved town road. Mr. Finazzo is proposing to subdivide the property into three (3) 6-acre parcels, including a proposed road. Mr. Tillman stated that this is a very preliminary proposal and was submitted to request information regarding the requirements to be met. Mrs. Bostrom advised Mr. Tillman current regulations require all roads be built to town specifications including motor paving; and, due to the proposed road, this application would be classified a major subdivision. Mr. Tillman stated he would advise his client of these requirements and agreed this application could be placed on the pending list.

Agenda Item 8: Application for Site Plan Review for Mountain View Estates, Maplecrest Road, Jewett; Tax Map No. 113.00-1-2; District: Rural Residential. Present: Gary Kerzic, Delaware Engineering

Mr. Kerzic submitted the approved SPDES Permit which the members reviewed. Mrs. Dwyer noted the Town of Jewett Consent letter was in the file. Mrs. Bostrom read the note from Doug Van Duesen of Lamont Engineering informing the Board they were unable to complete the review in time for this meeting and will provide it for the next meeting. Mrs. Bostrom stated that until the engineering report is received and reviewed by the members and the SEQR review is completed, a Public Hearing cannot be scheduled. In addition, the complete application and documentation must be submitted to the County Planning Board for their review.

Agenda Item 9: Application for Boundary Line Adjustment [changed to Application for Sketch Plan Review] for Michael Elias of 50 Carl Road, Jewett, NY; Tax Map Nos., 111.00-3-19 to 24; District: Rural Residential. Present: Michael Elias

Mr. Elias is proposing to change the configuration of six lots from a previously approved subdivision. Mrs. Bostrom explained the Court of Appeals ruling determined this action is a subdivision. Mrs. Dwyer supplied an Application for Sketch Plan Review which Mr. Elias submitted with payment of the balance of the fee. Mr. Elias is proposing: [1] to take 2.5-acres from lot 3-19 and add it to lot 3-21; [2] to take 2.8-acres from lot 3-20 and add it to lot 3-21; [3] to take 2.3-acres from lot 3-22 and add it to lot 3-21; and [4] to take 1.5-acres from lot 3-24 and to add it to lot 3-23. This would result in lot 3-19 as a 2.6-acre parcel; lot 3-20 as a 2.8-acre parcel; lot 3-21 as a 12.7-acre parcel; lot 3-22 as a 2.8-acre parcel; lot 3-23 as a 6.5-acre parcel and lot 3-24 as a 3.6-acre parcel. Mrs. Bostrom informed Mr. Elias this proposal involves six parcels and would be classified as a major subdivision. Members reviewed the sketch plan and application and Mr. Elias will submit a revised sketch plan.

Agenda Item 10: Town Board Referral – Subdivision Regulation Amendment regarding private road provisions.

Mrs. Bostrom read a draft response memo to the Town Board proposed amendment, which discussed: [1] incremental subdivision concerns; [2] existing road concerns; [3] road maintenance agreement concerns; [4] Article IV, Section 5 fee or escrow requirement concern; and [5] philosophical topic regarding development and density of land use. Members discussed additional concerns regarding: [6] investigating consideration of allowing oil and stone paving options, and [7] reducing the number of parcels to 4. In addition, members included three positive impacts of the proposed amendment. Members discussed and then recommended an additional amendment requiring posting a Notice of Public Hearing sign on the lot to be subdivided, similar to the requirement in the Zoning Law. Mrs. Dwyer reviewed the draft memo and the recommendations discussed; will prepare the revised memo; forward it to the members for their review and comments; and, then submit it to the Town Board prior to their September meeting. Mr. Beers made the motion to approve the memo as read and amended, contingent upon review of the final draft by the members. Mrs. Muth seconded the motion. The vote was unanimous and the motion carried. Attached and made part of these minutes are the memo and the additional recommended amendment.

Agenda Item 11: Report from County Planning Board Representative – Gene Beers

Mr. Beers reported the Board had a quorum and there was nothing major discussed.

Agenda Item 12: Other Business:
Mrs. Dwyer reported the Mulholland subdivision plat was revised and signed; the Hildenbrand plat was filed with the county; the Murray Special Use Permit was issued; and, the O’Shaughnessy no activity reply is due by September 11, 2005.

There being no other business, Mr. Beers made the motion to close the meeting. Mrs. Nicholls seconded the motion. The vote was unanimous. The meeting ended at 10:35 PM.

Respectfully Submitted,

Ann Dwyer, Clerk
___________________________
Jane Bostrom, Chair