December 28, 2009                                  

     A special year end meeting of the Jewett Town Board was held on Monday, December 28, 2009.   Supervisor Michael Flaherty called the meeting to order at 6:30 PM.  Present were Board members Steve Jacobs, Michael McCrary, JR Quackenbush and Elaine Warfield.
     Present were Zoning Officer William Dwyer, town residents Ann Dwyer, David Kessler, Carol Muth Werner and Helga Pscherer. Nan Stolzenburg and Don Meltz from Community Planning & Environmental Associates and the town clerk.

     The December 9th meeting was cancelled due to inclement weather.

     Councilman Quackenbush made a motion, 2nd by Councilman McCrary and carried to accept the minutes of the November 11, 2009 regular board meeting.

     The Zoning Officer gave a written and oral report to the Board.  These were accepted on a motion by Supervisor Flaherty, 2nd by Councilman Quackenbush and carried.

     Councilman Quackenbush, “As a taxpayer I want to personally thank Mike Flaherty for the job that he’s done since he’s come into office.  Amazing job, tough job.  We know how rough it is, all these jobs, seems like nobody ever likes what we’re doing.  There are plenty of people out there thought that support all of us and think highly of all of us.  As a taxpayer I just want to thank you for the job that you’ve done for the Town since you’ve been in office. An amazing job and brought us to a really good place right now and handing it over to Carol I think it’s going to go just as smooth.  I think we’re in good hands come January.  Thanks to Elaine too.  We’ll miss Elaine and Mike.” 

     Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried to reappoint Russ Coloton to the Zoning Board of Appeals for a five year term to end 12/31/14.

     Councilman Quackenbush made a motion, 2nd by Councilman McCrary and carried to accept the resignation of Carol A. Muth from the Planning Board effective 12/31/09.

     Councilmen McCrary and Quackenbush and Supervisor Flaherty audited the bills for the November 11, 2009 meeting prior to the meeting.    Councilman Quackenbush made a motion, 2nd by Councilman McCrary and carried to pay the bills.  The general fund was $18,133.97 on abstract #11, claim numbers 285 to 301.  The highway fund was $24,768.60 on abstract k#11, claim numbers 182 to 199.   

    Councilmen McCrary and Quackenbush and Supervisor Flaherty audited the bills on December 14th for the cancelled December 9th meeting.  Councilman McCrary made a motion, 2nd by Councilman Quackenbush and carried to pay the bills.  The general fund was $19,087.25 on abstract #12, claim numbers 302 to 348.  The highway fund was $7,129.15 on abstract #12, claim numbers 200 to 212.

    Councilmen McCrary and Quackenbush and Supervisor Flaherty audited the bills for the December 28, 2009 meeting prior to the meeting.  Councilman McCrary made a motion, 2nd by Councilman Quackenbush and carried to pay the bills.  The general fund was $4,734.31 on abstract #12A, claim numbers 349 to 360.  The highway fund was $3,341.63 on abstract #12A, claim numbers 213 to 219.

     Councilman McCrary made a motion, 2nd by Councilwoman Warfield and carried to accept the Supervisor’s financial reports for October and November. 

     Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried adopting Resolution #28.  This resolution states:
     “WHEREAS, the Town has purchased a projector;
     AND, WHEREAS, the town has funds in the Equipment Fund;
     NOW, THEREFORE, BE IT RESOLVED that $799.99 be withdrawn from the Equipment Fund and be transferred to the General Fund.”
ROLL CALL VOTE:  AYE Flaherty, Jacobs, McCrary, Quackenbush and Warfield.

     Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried adopting Resolution #29.  This resolution states:
     “WHEREAS, the Town of Jewett has worked with the CWT, GCSWD, NYS DEC and NYC DEP to expand hamlet areas as off-limits to LAP acquisitions;
     AND, WHEREAS one property owner in the Town of Jewett wants his properties taken out of the expansion area;
     AND, WHEREAS the properties are identified in the Town of Jewett as tax map numbers 147.00-3-23.1, 147.00-3-23.2, 147.00-3-1, 147.00-3-4 and 147.00-2-21.111.
     NOW, THEREFORE, be it resolved that the above properties will be removed from the Hamlet Extension area.”
ROLL CALL VOTE: AYE Flaherty, Jacobs, McCrary, Quackenbush and Warfield.

     Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried approving Resolution #30.  This resolution states:
      “WHEREAS all funds must be in balance at the end of the fiscal year, in order that the Appropriation Accounts be balanced the following transfers should be made: From General Fund $54.346.84 to balance  general fund appropriations.  From the Highway Fund $8,881.30 to balance highway fund appropriations.”
ROLL CALL VOTE AYE Flaherty, Jacobs, McCrary, Quackenbush and Warfield.

     Supervisor Flaherty made a motion, 2nd by Councilman McCrary and carried adopting Resolution #31.  This resolution states:
     “WHEREAS, the Highway Fund has k$14,416.08 unspent in the General Repairs Contractual Expense account (DA5110.4);
     NOW, THEREFORE, be it resolved that k$14,416.08 be transferred to the Capital Projects Fund.:
ROLL CALL VOTE: AYE Flaherty, Jacobs, McCrary, Quackenbush and Warfield. 

     Nan Stolzenburg and Don Meltz presented the Board with Draft Generic Environmental Impact Statements along with map.  This information will be reviewed by the Board.

     Supervisor Flaherty, “Thank you all it’s been a pleasure.”

     Councilman McCrery made a motion, 2nd by Councilman Quackenbush and carried to adjourn at 7:25 PM.

                                                                                                      _______________________________
                                                                                                       Patricia Merwin, Town Clerk/RMC

Planning Board Minutes

TOWN OF JEWETT
PLANNING BOARD
MINUTES
DECEMBER 3, 2009

Agenda Item 1: The meeting was called to order at 7:07 pm.

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

Agenda Item 2: Approval of Minutes for November 5, 2009.

The Planning Board reviewed the minutes with minor corrections. Ms. Bernard made the motion to accept the minutes as corrected. Mrs. Muth seconded the motion, and all who were present last month approved them.

Agenda Item 3:  Public Hearing for Major Subdivision Application for Von Aweyden, LLC for property located at Acorn Drive, Jewett, NY; Tax Map No. 112.00-3-81: Rural Residential District. 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.

Mrs. Muth made the motion to open the Public Hearing. Mrs. Nicholls seconded the motion, which carried unanimously. No persons from the public were in attendance.
          Mr. Schwarzenegger was representing Kaaterskill Engineering tonight. He gave Ms. Laubmeier the receipts for the mailings and she noted that all was in order.
          Mr. Schwarzenegger said that Kaaterskill Engineering came up with the idea of providing all the neighbors with a FAQ (Frequently Asked Questions) sheet providing information and a map of the property as events moved toward the Public Hearing. He said that his company was getting so many phone calls concerning the same questions that this solution was the best way to save his secretary's time. It also led to productive discussions with neighbors around the area. He also noted that GIS has not updated its maps yet, so neighbors were concerned lest KE be subdividing their property!
Ms. Bernard made the motion to close the Public Hearing, and Mr. Beers seconded the motion which carried unanimously.

Agenda Item 4: Boundary Lot Line Adjustment for Von Aweydon, LLC of Acorn Drive, Jewett, NY and Scott Niebel; Tax Map No. 112.00-03-81.; Zoning District: Rural Residential.
 
Mr. Schwarzenegger had brought the signed copy of the Boundary Lot Line Adjustment application for neighbor Mr. Niebel last month and the legal copies of the Boundary Lot Line Adjustment documents containing the deed descriptions required by the Planning Board this month. Mr. Schwarzenegger had paid the Boundary Lot Line Adjustment fee of $50 two months ago. The Planning Board had approved the maps and the Boundary Lot Line Adjustment pending receipt of the missing information last month. Mrs. Kutcher and the PB reviewed the information a final time. Mrs. Muth made the motion to approve the Boundary Lot Line Adjustment, Mr. Beers seconded the motion, and it passed unanimously. Mrs. Kutcher signed the maps. Three were kept for the file.

Agenda Item 5:  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.

Mr. Schwarzenegger said although they have not yet heard from DEP, Kaaterskill Engineering had submitted the septic designs to the DEP and that Stormwater Plan Approval should not be necessary as no further houses are planned. Mrs. Muth agreed, saying that it becomes a moot issue since the current houses are already existing and those waiting to be built will not need approval until such time as they will be built. The Planning Board was given copies of those septic designs last month.
Mrs. Kutcher reviewed the state of this application and asked about the SEQR process. The Planning Board had received DEP acceptance of its status as Lead Agency and it made a negative declaration on the SEQR at the September 3, 2009 meeting. The fee of $800 was paid last month. Mrs. Kutcher asked the Planning Board for comments; everything seems to be in order. The PB is just waiting for the final plan approval from the DEP and the mylar copies of the maps. Mrs. Nicholls made the motion to approve acceptance of this application conditionally pending receipt of the missing information. Mrs. Muth seconded the motion, and it carried unanimously, subject to a Roll Call vote: Mr. Beers – aye; Ms. Bernard – aye; Mrs. Kutcher – aye; Mrs. Muth – aye; and Mrs. Nicholls - aye.
Mrs. Kutcher told Mr. Schwarzenegger that she will be available at her office at the Arboretum in Tannersville to sign the maps.

Agenda Item 6: 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 arrived at the meeting with the deed description of how her property will appear after the Boundary Lot Line Adjustment, but had another appointment. The Planning Board decided that her presence was not required to discuss this case and she left. Mrs. Muth informed Mrs. Kutcher of what had transpired at last month's meeting in her absence. The PB decided that all requirements are met, but noted that only one map is in the file. Ms. Laubmeier and Mrs. Nicholls remembered Mr. Tortorecci leaving with his maps. It was decided that this could be approved pending receipt of the maps for signing. Mrs. Muth made the motion to approve the Boundary Lot Line Adjustment Application; Mr. Beers seconded the motion, and it carried unanimously. Ms. Laubmeier is to inform Mrs. Romito and Mr. Tortoreci of this decision and requesting the maps to sign.

Agenda Item 7:  Blondie Realty Corporation of NYS Route 23A, Jewett, NY; Application for Subdivision Sketch Plan Review, Tax Map No. 146.00-02-02; Zoning District: Rural Residential and Rural Conservation. The original 31.54 acres are to be divided into 3.04 and 28.5 acres respectively.

Dan Fancher from Rettiew Engineering in Margaretville was representing Blondie Realty for a Subdivision Sketch Plan Review. He has his letter of representation, the application, the fee, a list of neighbors, and five maps. The parcel is to be divided for a DEP sale. The larger parcel is separated from the smaller parcel by Route 23A. The northern parcel of 28.5 acres will be sold to the DEP and the owners keep the smaller piece of 3.04 acres. The application fits within Jewett's Rural Conservation requirements. DEP already owns the land adjoining the larger parcel on the west. Mrs. Kutcher asked about the Schoharie Creek backing the smaller parcel Blondie Realty is keeping. Mr. Fancher said the property boundary line falls within the center of the creek and that he has illustrated the map with sufficient setbacks to offset Planning Board concern over possible location of any homes that may be erected there. He offered to add the one hundred (100) year flood plain data to the map as well. Mrs. Kutcher wondered if that would be a buildable parcel. Mr. Fancher said the property slopes downward along a twenty-foot (20') contour as illustrated on the plan from the road to the creek, and so overflow would tend to go to the other creek-side. There are existing houses along the creek-side there, and existing culverts.
          Mrs. Kutcher asked the Planning Board for further comments. The PB determined that the next step would be to seek approval as a minor subdivision. Mr. Beers made the motion to accept this Sketch Plan Application; Mrs. Muth seconded the motion, and it carried unanimously.
          Mrs. Kutcher made the motion to declare the Jewett Planning Board as Lead Agency in the SEQR process. Ms. Bernard seconded the motion and it carried unanimously. Mrs. Kutcher read aloud the SEQR and the PB gave it a negative declaration. It was decided that next month this case can move to a Public Hearing, so Ms. Laubmeier gave Mr. Fancher the proper documentation to post for next month's meeting of January 7, 2010.

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.

Mr. Schwarzenegger requested the Planning Board keep this application open. He said that some issues with his client need to be addressed, such as the visual impact. Kaaterskill Engineering has reviewed Woodstock's visual impact laws and made suggestions to his client. Ms. Bernard wondered whether Woodstock's visual impact laws could be downloaded from online. Mr. Schwarzenegger believed that they can be. One of the difficulties is that his client can be a hard man to get hold of, but that he does wish to continue to move forward on this project. Mrs. Kutcher suggested that to keep this case open, all the PB needs is a phone call or letter of intent.
          To summarize, there were questions considering the four lots at the very top of the mountain. Mrs. Muth asked whether there was to be any reconfiguration of the parcels. Mr. Schwarzenegger did not think so. Mr. Schwarzenegger asked the Planning Board for another month to get some data together to mitigate the potential impacts, and suggested that at that time Mr. VanDeusen be re-invoked. Mr. Schwarzenegger asked how much was currently left in the escrow account for this purpose; Ms. Laubmeier will find out. 

Agenda Item 9: Report from Greene County Planning Board Representative Gene Beers.

Mr. Beers said that he did not attend the meeting due to illness.

Agenda Item 10: Report from Town Board liaison J.R. Quackenbush.

Mr. Quackenbush was preoccupied.

Agenda Item 11: Other Business: Scarey v. Koehler and Windmill Law.

Mrs. Kutcher had received a letter from the civil court regarding the case of Scarey vs. Koehler which she read aloud before the Planning Board. Mrs. Muth commented that it is not a lawful action and that the PB had already written Mr. Bucca, Ms. Scarey's attorney, in a letter dated March 8, 2009 to inform him of that. The PB decided that Ms. Laubmeier should write another letter to send to all parties based upon the sentence, "It is not possible or lawful for us to grant a subdivision in this case."

The Planning Board next turned its attention to the progress of the Wind Mill Law. Ms. Bernard has been assimilating the information, commenting that Mrs. Dwyer has done a great job of putting consistency into the wording of the law. Mrs. Muth commented on the volume of email generated by the entire process.
Ms. Bernard brought an expanded spreadsheet encompassing even further laws she has found and other town's methods of handling them. She said she lifted out the context of the law in its essence for its application to the needs of the Town of Jewett. This spreadsheet will be provided at the Public Hearing. The Town Board plans to show the public the amount of thorough research done in the drafting of this law.
The law itself has three definitions to work out in committee. The terms "abandonment," "discontinuation of operation" and "ridgeline" need to be added. The only term lacking clear definition is "ridgeline" and Ms. Bernard said the committee would probably go with "Ridgeline is the average height of summertime vegetation."
Another concern was the definition of the parameters for guide wire placement. The Cunninghams sent considerable information on this, but Mrs. Dwyer's wording of the intended setbacks for guide wire placement is confusing, so Ms. Bernard will address that with her.
The question also arose as to the safety signage required per wind turbine. If the law is written to read "at least one sign" then does that infer a person could or should put up an excessive number of signs? Nor does the Planning Board wish to unreasonably limit the number of wind turbines that can be put on one's property, as in for example agricultural usage. It wouldn't be a visual aesthetic to have too many on a small property, but for the landowner with fifty (50) acres, it is a different consideration. Other issues that arise under this question are the viable elevation for the wind turbine's maximum functionality and whether the wind turbine has to be on the lot occupied by the landowner. Mrs. Muth said, for example, a person owning three different lots and wanting to put one of those lots into crops, might put up a wind turbine to pump the water for those crops or water for livestock.   
Clearing was discussed. The Town of Jewett already has a timber law in effect, but this was intended more for excessive logging and probably won't apply to landowners responsibly managing their property. Any time a landowner wants to create a field on their property, they have that right. Mrs. Muth wondered about visibility, and Mr. Beers said that comes under the ridgeline definition. No one wants to restrict the rights of property owners, but everyone is concerned about preserving the aesthetics within the Town of Jewett Comprehensive Plan. Mrs. Muth commented that the Planning Board and Zoning Boards do not have the authority to approve the law, but to recommend the law. Approval comes from the Town Board. Mrs. Kutcher wants to get the definition of "ridgeline" right before the Town Board goes to a Public Hearing. Ms. Bernard will work out the language changes in the law that concerned the members of the Planning Board with Mrs. Dwyer.

          The motion to adjourn the meeting was made by Mr. Beers, seconded by Mrs. Kutcher, and carried by all present. The meeting adjourned at 9:35 pm.

         
Respectfully,

Susan Laubmeier, Clerk

_____________________________
Joan Kutcher, Acting Chair

Zoning Board

December 2. 2009

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

The meeting opened at 7:07 pm.

Agenda Item 2:  Approval of Minutes of November 4, 2009.   
            Mr. Kutcher made the motion to approve the minutes; Mr. Coloton 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
            Mrs. Dwyer stated that she had not received the statement from Mr. Mazharov.  She had spoken to him over a week prior and he indicated that he would not be able to attend but he would email a copy and mail the original to the Board.  As of noon today she had not received the email and was unable to access the web mail system prior to this meeting.  Members agreed to table the application until the statement is received.

Agenda Item 4: Other Business:
Draft of Town of Jewett Residential Small Wind Energy Law
Mrs. Dwyer distributed copies of the draft law to the members for their review and comments.  After the review members recommended the following:
It should include a definition for ‘abandonment’, ‘discontinuance of operations’, and ‘ridgeline’.  If a system does not meet the requirements for the ridgeline then they could go to the ZBA for a waiver/variance.
Why include the design specifications on the guy wires?  Design standards change rapidly and by including these other acceptable options would not be allowed.
Why is there a limit to only one per lot?  If a property is large why can’t they have one at the house area and one further away at an outbuilding.  If more than one is requested, then they could be required to get a waiver/variance.
Mrs. Dwyer will submit the recommendations to the committee.
Mrs. Dwyer notified the members she would not be available for either the January or the February meeting.

There being no other business, Mrs. Flaherty made the motion to close the meeting.  Mr. Kutcher seconded the motion.  The vote was unanimous.  The meeting ended at 8:25 pm.
 
                                    Respectfully submitted,                                             

Ann Dwyer                                                    
Secretary                                                        
________________________________
Accepted