Town Board Meeting

September 13, 2006

A regular meeting of the Jewett Town Board was held on September 13, 2006.
Supervisor Michael Flaherty opened the meeting at 7 PM by having all present proceed outside and say the pledge to the flag by the September 11, 2001 memorial followed by a moment of silence to honor those lost on that day.
Present were Board members Charles Kutcher and Thomas Hitchcock. Also present were Attorney for the Town Tal G. Rappleyea, Superintendent of Highways Robert Mallory, Building Inspector Tom Cross and Zoning Officer William Dwyer.
Present were town residents Werner Pscherer, C.B. Slutzky, Greg Kroyer, David Kessler, Gerard Loser, newspaper reporter Mike Ryan and the town clerk. Absent was Board member Harry T. Wilson.

Councilman Hitchcock made a motion, 2nd by Councilman Kutcher and carried to accept the minutes of the August regular meeting.

The building inspector gave a written report to the Board. He told the Board that there has been “a slow down to some degree on single family homes, but a lot of activity in other areas such as repairs, additions, etc.”
Councilman Hitchcock made a motion to accept the written report, 2nd by Councilman Kutcher and carried.

The zoning officer gave a written and oral report to the Board. There has been no response concerning the cars on the Donnally property. Regarding cars on the Matthew’s property, there is one car in the barn and one with no engine.
Supervisor Flaherty made a motion, 2nd by Councilman Kutcher and carried to accept the report.

The highway superintendent reported he has closed out the 2005 FEMA projects with the exception of Silver Spring Road. He is waiting for that to settle.
The Town has been awarded more FEMA money for the June 2006 storm to help with damage done on Carr Road, Mill Hollow Road and Mallory Road.
At the end of 2006 warranties on the 2 seven-year-old trucks will run out.
The town wide garbage pick up is going well.

Supervisor Flaherty made a motion, 2nd by Councilman Kutcher and carried giving the Superintendent permission to sand blast the two 2000 international’s not to exceed $6,000.

Courtesy of the floor was opened.

Mr. Gerard Loser had a question on his property acreage. Supervisor Flaherty said he would refer this to the Assessor.

Courtesy of the floor was closed.

The Supervisor’s monthly report was given to the Board and bank statements were made available for review.
Councilman Kutcher made a motion to accept the July financial report, 2nd by Councilman Hitchcock and carried.

The Board agreed to ask for $900 rent per month for the senior center. This is an increase of $75. per month.

Review of the draft emergency plan was tabled. More information is needed.

Councilman Kutcher made a motion, 2nd by Councilman Hitchcock to accept the tax collectors year-end report.

A workshop meeting was scheduled for Wednesday September 27th at 5 PM with Wallant Architects.

Budget workshops were scheduled for October 18th and 25th at 6:30 PM in the Municipal Build.

The Board gave approval to execute the contract for the planning committee with Community Planning & Environmental Associates. Nan C. Stolzenberg, AICP will be the consultant working with the Town.

A motion was made by Supervisor Flaherty, 2nd by Councilman Kutcher and carried approving Resolution #19. This resolution is an amendment of the highway budget.
ROLL CALL: Aye 3 Flaherty, Hitchcock and Kutcher
Nay 0

A motion was made by Supervisor Flaherty, 2nd by Councilman Kutcher and carried approving Resolution #20. This resolution approves County funding of emergency medical systems.
ROLL CALL: Aye 3 Flaherty, Hitchcock and Kutcher.
Nay 0

The Board was asked to come in at 6:15 PM prior to the October 11th meeting to interview planning board and zoning board positions.

Supervisor Flaherty made a motion, 2nd by Councilman Kutcher and carried renewing the position of Clarence Soule on the Board of Assessment review for a 5-year term to expire 9/30/2011.

The finance committee of Councilmen Hitchcock and Kutcher audited the bills prior to the meeting.
Councilman Hitchcock made a motion recommending the Board approve the audit. Councilman Kutcher 2nd the motion and all Board members voted Aye.
The general fund was $19,114.33 on abstract #9, claim numbers 180 to 208.
The highway fund was $56,623.43 on abstract #9, claim numbers 153 to 178.
Councilmen Hitchcock and Kutcher were appointed as the finance committee for October, November and December.

Supervisor Flaherty gave a landfill update. Because of an error made by the bidder for the artificial wetlands, it will be next spring before this can be looked at again.

New building codes will be going into effect on January 1, 2007. The Board was given a copy to look at.

Councilman Kutcher broached the subject of designating an area in the Town for adult entertainment.
He said, “Maybe we should reconsider the idea of creating specific zones and restricting certain area instead.”
The Councilman suggested banning adult entertainment along major roadways and spreading out from there. Properties within 2000 feet of routes 23A, 23C, 296, 17 and 14 would be inaccessible as well as land close to churches and homes.
Councilman Kutcher, “Doing it this way would avoid the appearance we acted to the detriment of one person over another. It would be everyone sharing the potential risk.”
Attorney Rappleyea “The concept is doable, although it would present complications, such as the need for detailed mapping, requiring the hiring of engineers.”
Councilman Kutcher said the Town was in the midst of rewriting its Master Plan and could possibly include the mapping in the process.
Attorney Rappleyea “Due diligence has to be taken. Every possible configuration has to be considered. An opportunity has to be provided as well as protecting everyone.”
This item was tabled for future discussion.

Councilman Hitchcock made inquiries about the land sale on Little Timber Road.
Attorney Rappleyea said the closing would be within the next two weeks.

An ad was found in a paper for Rough Riders Ranch. Attorney Rappleyea will look into the details.

The garage on County Rt. 17 belonging to Jack Rappleyea is grandfathered, however the owner needs to come into compliance with the Junk Ordinance and build a fence for the cars in the back of the property.

Councilman Hitchcock requested again to have a culvert placed in front of the 9/11 memorial and the land leveled out for easer access. The Superintendent will be notified.

Supervisor Flaherty made a motion, 2nd by Councilman Kutcher and carried to go into executive session concerning potential litigation at 8:45PM.
Supervisor Flaherty made a motion, 2nd by Councilman Kutcher to come out of executive session at 8:59PM.
Attorney Rappleyea will gather the information and report back to the Board.

There being no further business the meeting was adjourned at 9:00 PM on a motion by Councilman Kutcher, 2nd by Councilman Hitchcock and carried.

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Patricia Merwin Town Clerk

Planning Board

September 7, 2006

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

Agenda Item 2: Approval of Minutes of August 3, 2006.
Mrs. Kutcher made the motion to approve the minutes, after correction of a minor error. Mrs. Nicholls seconded the motion. The vote was unanimous and the motion carried.

Agenda Item 5: 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.

Mr. Elsom presented the Letter of Authorization to represent Sheepskin Hills Inc before the Board. He also submitted the Certification of Sign Posting, the certified receipts of notice mailing and the notices sent. He stated there are no covenants or easement on this parcel, and submitted the revised plats.

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

Mr. Elsom presented the Letter of Authorization to represent Sheepskin Hills Inc before the Board. He also submitted the Certification of Sign Posting, the certified receipts of notice mailing and the notices sent. He stated there are no covenants or easement on this parcel, and submitted the revised plats and the draft form of the combination deed.

Agenda Item 3: PUBLIC HEARING on 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.

Mrs. Kutcher made the motion to open the Public Hearing. Mr. Rosedale seconded the motion. The vote was unanimous and the hearing opened at 7:38 pm. Mr. Elsom reviewed the proposal for the public. Mrs. Bostrom called for comments. Mr. Francis McKee expressed concern regarding the rumor of condo building and noise problems if the airport runway has increased activity. Ms. Plattner expressed concerns about future development of the airport area. Mr. Elsom explained this concern is not subject to this application. This proposal is only to divide this parcel into two along Route 296, which runs through this lot. Mr. McKee inquired about the Town moratorium on subdivisions. Mrs. Bostrom explained it is a 180-day moratorium on Major Subdivision, which is a subdivision of five or more lots. This application is a two lot subdivision and is not subject to the moratorium. There were no other comments from the public. Mrs. Nicholls made the motion to close the Public Hearing. Mr. Rosedale seconded the motion. The vote was unanimous and the hearing closed at 7:45 pm.

Agenda Item 4: PUBLIC HEARING on Application for Minor Subdivision for Sheepskin Hills Inc of Route 296, Jewett, NY; Tax Map No. 147.00-4-20.1; District: Rural Residential. Present: Darren Elsom.

Mrs. Kutcher made the motion to open the Public Hearing. Mrs. Nicholls seconded the motion. The vote was unanimous and the hearing opened at 7:46 pm. Mr. Elsom reviewed the proposal for the public explaining the applicants propose to transfer of 13.5-acre so that the airport landing strip is on one lot. Presently the airport runway goes over the lot line between the two properties. Mrs. Bostrom called for comments from the public. Mr. McKee expressed concern regarding future development of the parcels. Ms. Plattner, representing neighbors Renzo and Trautman, also expressed concern about future development. Mr. Elsom explained this proposal is to facilitate the sale of the property and the current owners have no development proposal before the Board. Mrs. Bostrom stated that any future development of the properties would have to come before the Planning Board, and another hearing would be held at that time in order for the public to express their concerns about the development. However, concern about future development is not applicable to this application. There were no other comments from the public. Mr. Rosedale made the motion to close the hearing. Mrs. Nicholls seconded the motion. The vote was unanimous and the hearing closed at 7:50 pm.

Agenda Item 5: 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.

Mr. Elsom requested the Board waive the requirement for PERC test results and DEP Design Approval Letters since the owners are not proposing construction on these lots. Mrs. Bostrom made the motion to waive Article III, Section 1, Paragraph A, sub-Paragraph 2 requirement. Mrs. Nicholls seconded the motion. The vote was unanimous and the motion carried. After review of the application, Mrs. Kutcher made the motion to accept the application as complete and approve the Minor Subdivision. Mrs. Nicholls seconded the motion. ROLL CALL VOTE: MRS. BOSTROM – AYE; MRS. NICHOLLS – AYE; MRS. KUTCHER – AYE; MR. ROSEDALE – AYE; MRS. MUTH – ABSENT; MR. BEERS – ABSENT; VACANT. The motion carried and the subdivision was approved. Mrs. Bostrom signed the plats and reminded Mr. Elsom they had to be filed in the County Clerks Office within 30 days.

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

Mr. Elsom requested the Board waive the requirement for PERC test results and DEP Design Approval Letters since the owners are not proposing construction on these lots. Mrs. Bostrom made the motion to waive Article III, Section 1, Paragraph A, sub-Paragraph 2 requirement. Mrs. Kutcher seconded the motion. The vote was unanimous and the motion carried. After review of the application, Mr. Rosedale made the motion to accept the application as complete and approve the Minor Subdivision. Mrs. Nicholls seconded the motion. ROLL CALL VOTE: MRS. BOSTROM – AYE; MRS. NICHOLLS – AYE; MRS. KUTCHER – AYE; MR. ROSEDALE – AYE; MRS. MUTH – ABSENT; MR. BEERS – ABSENT; VACANT. The motion carried and the subdivision was approved. Mrs. Bostrom signed the plats and reminded Mr. Elsom they had to be filed in the County Clerks Office within 30 days.

Agenda Item 7: Application for Minor Subdivision for Russell Finazzo of 133 Windy Lane, Jewett, NY; Tax Map No. 111.00-2-10; District: Rural Residential. Present: Mr. Russell Finazzo.

Mr. Finazzo submitted the draft Road Maintenance Agreement, DEP Design Approval Letters and a copy of DEP’s SEQR form. Mrs. Bostrom noted that the Road Maintenance Agreement must be noted on the plat and the driveway markings must be darker and clearer on the plat. Mr. Finazzo stated he would provide the revised plats prior to the hearing. After review of the application and documentation, Mrs. Nicholls made the motion to accept the application as complete with the submission of the revised plat, and to schedule the Public Hearing on this application for October 5, 2006 at 7:30 pm. Mrs. Kutcher seconded the motion. The vote was unanimous and the motion carried. Mrs. Dwyer prepared the sign to be posted by the applicant, provided the draft form of the notice to be sent and the draft form of the sign posting certification. Mrs. Bostrom instructed the applicant to notify all neighbors within 500 feet of the property, at least 10 days prior to the scheduled Public Hearing date, by certified mail; submit the receipts of mailing at or prior to the hearing; post the Public Hearing sign at least 10 days prior to the scheduled Public Hearing date; and to certify to the Board in writing that the sign was posted.

Agenda Item 8: Application for Minor Subdivision for Joann Rubinger of County Rt. 40, Jewett, NY; Tax Map No. 131.00-2-3; District: Rural Residential. Present: Joann Rubinger.

Ms. Rubinger submitted the Application for Minor Subdivision. She noted the narrow corridor is 50 feet wide. The location of the existing shed is within feet of the narrow corridor. It either must be moved and the new location indicated on the map, or apply to the Zoning Board of Appeals for an area variance if she could not identify another site for the shed. Ms. Rubinger requested the Board waive the requirement for PERC test results and DEP Design Approval Letters since she is not proposing construction on the vacant lot. Mrs. Bostrom made the motion to waive Article III, Section 1, Paragraph A, sub-Paragraph 2 requirement. Mrs. Kutcher seconded the motion. The vote was unanimous and the motion carried. Mr. Rosedale made the motion to appoint the Planning Board Lead Agency for SEQR. Mrs. Nicholls seconded the motion. The vote was unanimous and the motion carried. Members determined there is no need for a coordinated review and proceeded with the review. After the review, Mrs. Bostrom made the motion to determine the proposed action will not result in any significant environmental impacts. Mrs. Kutcher seconded the motion. The vote was unanimous and the motion carried.

Agenda Item 9: Application for Sketch Plan Review for Sheepskin Hills Inc of Ford Hill Road, Jewett, NY; Tax Map No. 147.00-2-21.11; District: Rural Residential. Present: Charles B. Slutzky and David Slutzky.

The applicant is proposing to subdivide a 6-acre parcel from an 80-acre parcel. The 6-acres are located on Ford Hill Road although the 80-acres are located on Route 296. The 6-acre parcel is wooded vacant land with some areas that are logged and cleared. The proposal is to subdivide the 6-acre parcel in order to sell as vacant land. They are not planning any construction and as there would be no need for water or septic service they are requesting a waiver of the DEP requirement. Mrs. Bostrom noted there is a section on the subdivision application to apply for the waiver. After review of the application and plat, Mrs. Kutcher made the motion to accept the Sketch Plan and determine that it is a Minor Subdivision. Mrs. Nicholls seconded the motion. The vote was unanimous and the motion carried.

Agenda Item 10: Report from County Planning Board Representative.
Mr. Beers was not present, therefore there is no report.

Agenda Item 11: Other business:
Mrs. Dwyer noted she had not heard from Mr. Mattei and members agreed he should be removed from the pending list.
Mrs. Bostrom read the letter received from Greg Lubow, representing Blondie Realty, requesting numerous waivers of subdivision regulations. Members agreed a letter of response should be sent stating the request does not meet regulation requirements and a sketch plan application should be submitted.

There being no other business, Mr. Rosedale made the motion to close the meeting. Mrs. Kutcher seconded the motion. The vote was unanimous and the meeting ended at 9:12 pm.

Respectfully Submitted,

Ann Dwyer, Clerk

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Jane Bostrom, Chair