Town Board Minutes
Planning Board Minutes
Zoning Board Minutes

November 11, 2009 Board Meeting

Present: 

 

A regular meeting of the Jewett Town Board was held on Wednesday, November 11, 2009. The meeting was opened by Supervisor Michael Flaherty at 7 P.M.  Present were Board members Steve Jacobs, Michael McCrary, JR Quackenbush and Elaine Warfield. 

Present was Attorney for the Town Tal G. Rappleyea, newspaper reporter Mike Ryan.  The town clerk was on vacation.  Also present Helga and Werner Pscherer, David Kessler, Michelle Yost and Carol Muth.

The pledge to the flag.

Public hearing was opened regarding the 2010 Budget.  No comments.  Public Hearing was closed.

Budget Vote: Mike Flaherty made a motion to approve the budget, JR Quackenbush seconded that motion. Roll vote: Mike Flaherty, Aye, Elaine Warfield, Aye, JR Quackenbush, Aye, Michael McCrary, Aye, Steve Jacobs, Nay.

October Minutes:  Motion by JR Quackenbush to accept the October minutes, Mike McCrary second.  All in favor.

Michelle Yost of Greene County Soil and Water, gave a presentation on the Watershed Assistance Program Stream Management Plan regarding Jewett and ongoing projects. Michael McCrary is Jewett’s advisory committee person.  There is an East Kill major stream restoration project slated for possibly 2011.  Also, Floodplain restoration on Vista Ridge Road in East Jewett.  She also talked about the completed Riparian projects on Carr Road, Deming Road and the Shadow Mountain Road planting.  GCSW is also planning several education and outreach projects for 2010.  January 23, 2010, Hunter Elementary School, theme to be Low Impact Development and land use regulations.

GCSW Winter and Spring workshops to be announced. Also, a meeting on 12/15/09 for the highway departments on road abrasive material at the GCSW building on Main Street in Tannersville.

Building Inspector and Zoning Enforcement Officers reports were received. There is an issue with property on Griffin Road where garbage and refuse has been left behind by renters.  Two dogs and a cat and chickens were also abandoned.  JR Quackenbush will put together a letter on behalf of the Town to the family that is going to be returning and renting the property again, about cleaning up the garbage.

Elaine Warfield asked Michelle Yost if she has any jurisdiction over a water problem that resident Myrtle Legg is having on her property on Colgate Road.  Her neighbor is directing water and culverts toward her property.  Michelle said she could meet with building inspector Tom Cross to see if there were any viable solutions for Mrs. Legg.

Michael McCrary moved to accept the building inspector and zoning enforcement officer’s reports, JR Quackenbush seconded the motion, and all said aye.

Highway:  Bids received on overhead door for the highway garage.  12 foot by 10 foot door.  Madsen Overhead Doors bid came in at $1817 in writing, a bid over the phone by Kingston Overhead at $2076.  Bob Mallory was told nobody beats Madsen when they bid. Elaine Warfield made a motion to accept bid by Madsen, JR Quackenbush seconded the motion to accept the bid.  All said aye.

Butternut Road is an ongoing issue with safety. A DEP appraisal was conducted of an adjoining lot to purchase so the road angle can be changed and entry and exit will be safer.  Originally they were talking $4500 for this small piece of property. He asked DEP to re-approach their appraiser, which she did. DEP said new appraisal would be well under $2500.  Currently waiting on the official appraisal. Lawyer Larry Gardner has all the information but was not willing to impart it over the phone with the amount. Bob Mallory said he felt it was worth it to invest some money, but not a lot, for safety reasons. Concern was about the weather getting colder, next board meeting is a month away.  JR Quackenbush asked if we could vote now to give Bob Mallory the okay not to exceed a certain amount to pay DEP for the right of way.   Mike McCrary asked what would happen to the piece of land the road is on now, once abandoned.  Bob Mallory would like to get started on it because of the weather.  The strip of property will be 50 foot wide that begins approximately 200 feet up from the exit of Butternut and 17 right now, length of ROW would be approximately 200 feet. 

Trees have to be cut, fill brought in, about 1000 yards to fill. County said they would help the Town. Supply the culverts.  We need a deed from DEP.  Tal said we must do a resolution subject to a permissive referendum whenever you buy real estate like this.  Resolution to purchase the property, not to exeed $2500, subject to permissive referendum, make sure it’s in the paper, and be binding in 30 days.  If there is a protest within the 30 days, it will have to go up for a vote.  JR Quackenbush moving the resolution,  seconded by Michael McCrary for resolution to purchase property subject to permissive referendum, not to exceed $2500 for the right of way purchase.  All said Aye.  This will be placed on the agenda for the December meeting, after notice is posted in the paper.  It will be on the agenda for the December meeting.

The board thanked Bob Mallory for pouring the concrete slab for the pellet stove pad.  Also, the highway men will be taking over the loading and care of the pellet stoves.  Also, the highway crew erected the new bulletin board out by the front door of the town hall. Elaine Warfield reminded the town board that Paul Cerosaletti, representative for the pellet stoves from Cornell, will come and do a presentation in January for all board members to acquaint them with the process of how to weigh, measure and load the grass pellet stoves.  Bob Mallory will be present at the meeting and also suggested the highway crew be present.  The board just needs to contact Mr. Cerosaletti to confirm the meeting.

As per budget agreement to move -- a resolution to take $20,000 from the loan repayment account and move it into assessor’s .4 general fund.  Mike Flaherty moved, JR Quackenbush seconded it.  This is for the potential reassessment next year, 2010.  Mike Flaherty said doing this now and will encumber those funds when the books are closed out in December, so no increase in taxes.  Steve Jacobs, Elaine Warfield, Michael Flaherty, Michael McCrary, JR Quackenbush, all said Aye.  A resolution carries. Mike said it will be done before Donna Lukas goes in the hospital.

Town’s been actively involved in an All Hazard Plan.  To do so we will be able to apply for future FEMA funds.  Plan has been approved and now it’s coming back for signatures.  We had a sample resolution, County All Hazard Plan.  Michael Flaherty made the motion to adopt the resolution, Greene County Multi jurisdictional All Hazard Plan.  JR Quackenbush seconded the motion.  All AYE.  Instructions said 3 certified copies  and get it out ASAP.

Time to renew contract with Columbia Greene Humane Society - Contract to be signed for 2010, again at $205.  Jewett is a little less expensive than other towns because it uses Dog Warden Bruce Feml to pick up the dogs.  Michael McCrary made a motion to permit Supervisor Michael Flaherty to sign the new contract.  JR Quackenbush seconded the motion. All AYE.

Michael McCrary made a motion to accept and pay the bills, JR Quackenbush seconded the motion.  All AYE.

September Financials, JR Quackenbush made the motion, seconded by Mike McCrary.  All AYE.

Year end meeting to finalize and balance the budget scheduled for Monday, December 28 at 6 p.m.

December 9 at 7 p.m., regular board meeting.

Nan Stolzenberg will be on the agenda for the next board meeting, for information on GEI’s.  This must be done by the end of the year.  We may have to schedule an additional meeting to cover everything.

The work has been completed per the energy audit suggestions by NYSERDA.  Weather stripping, windows/doors caulked and sealed.  More efficient water temperature for hot water heaters, more efficient light bulbs.  The electric bill is already reflecting the savings.  A $700 or $800 rebate is expected back from the state.  He has not been able to put weather stripping for highway doors.  Bob Mallory will ask Madsen Doors about supplying the 14 foot weather stripping for these large highway garage doors.

All wells that were needed to be drilled for the grant regarding the water study have been drilled.  There is additional money for two other wells.  There may be a well drilled at Farber Farm and possibly on the town building property.

[EXECUTIVE SESSION 8:00 p.m.]

[END EXECUTIVE SESSION ]

Subsequent to discussion in executive session, Councilman Mike McCrary moves to reject the proposed settlement offered by Administrative Law Judge Comenzo and to therefore continue the process and seek the full hearing of the union matter: Resolution on Settlement Proposal.  Elaine Warfield seconded the motion.  Tal suggested we do a resolution.

Roll vote:  Michael Flaherty, Aye. Elaine Warfield, Aye. JR Quackenbush, Aye, Michael McCrary, Aye. Steve Jacobs, Nay.

Adjourn at 8:37 p.m.

Elaine Warfield minutes/standing in for Pat Merwin.

 

Planning Board Minutes

TOWN OF JEWETT
PLANNING BOARD
MINUTES
NOVEMBER 5, 2009

Agenda Item 1: The meeting was called to order at 7:00 pm.

Roll Call:       Acting Chair: Carol Muth
Members: Gene Beers, Donna Bernard, and Janet Nicholls
Absent: Joan Kutcher

Agenda Item 2: Approval of Minutes for October 1, 2009.

The Planning Board reviewed the minutes. Mrs. Nicholls made the motion to accept the minutes as written. Mr. Beers seconded the motion, and all who were present last month approved them.

Agenda Item 3:  Public Hearing for Minor Subdivision Application for Mr. James R. Mooney for property located at 810 Goshen Street, Jewett, NY; Tax Map No. 112.00-1-2: Rural Residential District.

Mr. Beers made the motion to open the Public Hearing. Ms. Bernard seconded the motion. It carried unanimously. No persons from the public were in attendance. Ms. Bernard made the motion to close the Public Hearing, and Mrs. Nicholls seconded the motion. It carried unanimously.

Agenda Item 4: Mr. Robert Korosec representing Mr. James R. Mooney for property located at 810 Goshen Street, Jewett, NY; Application for Minor Subdivision, Tax Map No. 112.00-1-2: Rural Residential District. Total acreage before subdivision approval is 55.02 acres. Intended subdivision is to result in a 6.31 and a 48.71 acre parcel.

Mr. Korosec represented Mr. Mooney tonight. Mrs. Muth reviewed last month's issues, and asked Mr. Korosec for the paper proving the water rights to Mr. Rosenberger. She read aloud the information which states that Mr. Rosenberger has rights to maintain buildings and equipment necessary for his water supply. That paper was the only item outstanding during last month's review of whether all information provided was in compliance with the requirements of the application. Mr. Korosec provided the Planning Board with the receipts for the mailing and the proof of sign posting statement. Mr. Beers made the motion to approve the subdivision, and Ms. Bernard seconded the motion. The motion was subject to a Roll Call Vote: Mr. Beers – aye; Ms. Bernard – aye; Mrs. Muth – aye; Mrs. Nicholls – aye; Mrs. Kutcher – absent. The motion to accept the Minor Subdivision carried. Mrs. Muth signed the maps for Mr. Korosec, and three copies were left in the file.

Agenda Item 5: Boundary Lot Line Adjustment for Von Aweydon, LLC of Acorn Drive, Jewett, NY; Application for Subdivision Sketch Plan Review, Tax Map No. 112.00-03-81.; Zoning District: Rural Residential. The original 133.97 acres are to be subdivided into four parcels of 3.995 acres, 4.852 acres, 6.708 acres, and 119.731 acres respectively.
 
Mr. Schwarzenegger of Kaaterskill Engineering (KE) brought the signed copy of the Boundary Lot Line Adjustment for neighbor Mr. Niebel, but Mrs. Muth said the Planning Board still needs copies of the deed descriptions before and after the change to be made. Mr. Korosec said that he could have that information to the PB early next week. Mr. Schwarzenegger had paid the Boundary Lot Line Adjustment fee of $50 last month. The Planning Board had also decided last month that the map was in order and had approved the Boundary Lot Line Adjustment pending receipt of the missing information before the maps will be signed.

Agenda Item 6:  Von Aweydon, LLC of Acorn Drive, Jewett, NY; Application for Major Subdivision, Tax Map No. 112.00-03-81; Zoning District: Rural Residential. The original 133.97 acres are to be subdivided into four parcels of 3.995 acres, 4.852 acres, 6.708 acres, and 119.731 acres respectively.

Kaaterskill Engineering is still waiting for the DEP approval of the maps it submitted, Mr. Schwarzenegger said. The PERC files that Ms. Laubmeier inquired about are on the maps KE prepared. These were spread for Planning Board review and are several pages thick. Mr. Schwarzenegger said that on the second page are the illustrations of the three lots showing an existing house, the septic field, and the reserve. It shows where the other two lots are going and the PERC. There is a separate drawing representing the minimal lot line change for Mr. Neibel. Further drawings represent the last details finished for DEP approval. Mr. Schwarzenegger said he had not gotten the application fee from Mr. Rappleyea yet. Ms. Laubmeier had heard from Mr. Rappleyea that the fee will be $800. Mr. Schwarzenegger had not brought a check along, so he will pay that fee next month. He requested the Public Hearing next month; the meeting date is December 3, 2009. Ms. Laubmeier gave him the sign to post, the proof of sign posting form, and the letter to send to the neighbors. Mrs. Muth reminded him the PB will need the mailing receipts, the deed descriptions, and the application fee.

Agenda Item 7: Victor and Carole Tortoreci and Marianne Romito Application for Boundary Line Adjustment for property at 273 Colgate Lake Road, East Jewett, NY. Tax Map Nos. 150.00-1-7.111 and 150.00-1-7.2 respectively; Zoning District: Rural Residential.

Mrs. Romito and Mr. Tortorecci brought the new survey map and deed descriptions hoping to finalize their application tonight, but Mrs. Muth realized the information provided is incomplete. The Planning Board has copies of their original deeds and a description of what Mr. Tortorecci's new deed will be, but lacks the description of what Mrs.Romito's remaining property will be once the application is approved. For the record on future cases, part of the requirement by the Planning Board is that it receives copies of the original deeds and deed descriptions from both parties describing what their property will be once the changes are made. For Mr. Tortorecci, this is the description with the added parcel, and for Mrs. Romito, this is the description less the property she has sold to Mr. Tortorecci. The new should reflect a property change of 3.327 acres. Mrs. Romito promised to get this from Mr. Vanucchi, the surveyor. Mrs. Muth said they can write this deed description without the cost of a survey, because they already have all the information. Mrs. Romito asked to be placed on the agenda for next month.

Agenda Item 8: Report from Greene County Planning Board Representative Gene Beers.

Mr. Beers said that the Greene County Planning Board meeting consisted mostly of little stuff: a manufacturer of homes is being replaced with a new manufacturing facility, there is a new dentist in New Baltimore, a new adult care facility is being planned, and Ed Diamonte has become a grandfather for the second time.

Agenda Item 9: Report from Town Board liaison J.R. Quackenbush.

Mr. Quackenbush was not present tonight.

Agenda Item 10: Other Business: Windmill Law.

The Planning Board expressed appreciation for the work Ms. Bernard has done on collating information for the windmill project. A workshop was held last Saturday to discuss wind power and the next is planned for November 21st at 9:00 am in the Municipal Building. They have discussed half of the parameters listed on the long worksheet she provided, and propose to divide the new moratorium on windmills into residential and commercial.
The discussion of the moment is focused on establishing parameters for the Town of Jewett law on residential wind power, and the group is waiting for commentary. Ms. Bernard will send information on to the Cunninghams who have been very involved in this issue, and to NYSERTA. Mr. McCrary asked her for information on a project in Vermont where the state has a program to manage wind power. This encompasses other questions such as certification of the equipment and who is managing the equipment. She will ask NYSERDA for a contact in VT, expressing the wish to act within the guidelines provided, and to have the technology to borrow or to offer to Jewett residents.
          There were people present from the Zoning Board, Planning Board, and the Town Board. Mrs. Nicholls said she had attended. All who were present simplified certain areas, for example such as what should be at the discretion of the ZBA. Height of the windmills is one criterion where latitude within parameters can be set. In some areas a pole must be higher to grab maximum wind power. Each area of terrain under Jewett Zoning Law also differs. Setbacks will be established at one hundred and ten percent (110%) of the height to prevent accidents. Mrs. Dwyer is setting this process in place.
          Ms. Bernard wondered if a moratorium must last six months. Mrs. Muth commented that in her understanding it does. Mr. Beers added that by the time the moratorium is over, it will be building season again. The workshop group will draft the laws for residential and commercial use before it discusses industrial applications. Commercial use is not industrial use. Rather commercial use would be if Ski Windham or Hunter Mountain were to establish windmills to supplement their own power usage, or if a farmer wanted to power a drilled well in his pasture for livestock access to water. Once the draft is finished it can be presented for review to Mr. Rappleyea and everybody else.
          Mrs. Muth asked if there were any other unfinished business. Mrs. Nicholls commented on a car for sale on somebody's property, not their own property. The Planning Board said it has no jurisdiction over that if a friend gave another friend permission to park the car where it might get noticed.
          Mrs. Muth wondered if anyone else had taken the online training course yet. She has a new one for Zoning Board personnel that is okay for Planning Board members also. Ms. Laubmeier will try to locate this online and send information out to PB members.

 

          The motion to adjourn the meeting was made by Mr. Beers, seconded by Mrs. Nicholls, and carried by all present. The meeting adjourned at 8:20 pm.

         
Respectfully,

 

Susan Laubmeier, Clerk

 

_____________________________
Joan Kutcher, Acting Chair

Zoning Board

November 4, 2009

ROLL CALL:
            Chair: Russ Coloton
             Members: Ann Dwyer, Charles Kutcher, Margaret Flaherty, Kathleen Williams

The meeting opened at 7:00 pm.

Agenda Item 2:  Approval of Minutes of October 7, 2009.   
            Mr. Coloton requested an addition to the Other Business section of the minutes and made the motion to approve the minutes as changed; Mrs. Flaherty seconded the motion.  The vote was unanimous and the motion carried.

Agenda Item 3: Application for Area Variance for Mikhail & Valentina Mazharov of 120 Griffin Road, East Jewett; Tax Map # 150.00-1-10; District: Rural Residential. Present: Mikhail Mazharov
            Mr. Mazharov is proposing to build an 8’ x 10’ shed to be located in the left side yard of his property, which is approximately 1 acre.  He states that the creek at the rear of the property is washing away his rear yard and the right side of his property is heavily wooded.  He is proposing to locate the shed on the left side of the property at about 10 feet from the left side line.  Mr. Mazharov stated that he chose that location because if it is put any closer to the house on the left side he would be looking at it from his bedroom window and if he moved it further back on the left side it would be on his septic field.  He does not have enough area in back, as the house is 55 feet from the rear property line and the creek sometimes floods the area.  His house is over two hundred feet from the right side of the property but that area is heavily wooded and he does not want to look at the shed on that side.  Mrs. Williams and Mrs. Dwyer noted that the proposed location would put the shed in direct view of the neighbor’s house.  After review of the application, members determined that it is still incomplete and Mr. Mazharov should submit the letter of explanation describing why the location is the only location for the shed.

Agenda Item 4: Other Business:
            There being no other business, Mrs. Dwyer made the motion to close the meeting.  Mrs. Flaherty seconded the motion.  The vote was unanimous.  The meeting ended at 7:35 pm.
 
                                    Respectfully submitted,                                             

 

Ann Dwyer                                                    
Secretary                                                        
________________________________
Accepted