FEBRUARY 9, 2011

     A regular meeting of the Jewett Town Board was held on Wednesday, February 9, 2011.  Supervisor Carol Muth called the meeting to order at 7 P.M.  Present were Board members Michael McCrary, James Pellitteri, William Trach, Attorney for the town Tal G. Rappleyea, Town Historian Janet Nicholls, Highway employee Shawn Jaeger, newspaper reporter Mike Ryan and the town clerk.  Councilman Steve Jacobs was absent.

    On a motion by Councilman McCrary, 2nd by Councilman Trach and carried the Public Hearings were opened for Local Law #1 of 2011: Establishing Income Levels for Real Property Taxes for Senior Citizens and Local Law #2 of 2011: Establishing Income Levels for Real Property Taxes for Disabled and Low Income Citizens.

     There were no comments from the public.

     Councilman McCrary made a motion, 2nd by Councilman Pellitteri and carried to close the Public Hearings.

     On a motion by Councilman McCrary, 2nd by Councilman Pellitteri and carried Local Law #1 was adopted.  This law is entitled “Establishing Income Levels for Real Property Taxes for Senior Citizens”.
     “This local law is enacted pursuant to the requirements set forth in the New York State Real Property Tax Law 467 to establish real property tax income levels for citizens who are 65 (sixth-five) years of age or older.
     The Town of Jewett hereby adopts as the maximum level of income for persons eligible for the within exemption as #20,500 (Twenty thousand Five Hundred Dollars).  The ‘sliding scale’ provisions of New York Real Property Law 467 (1) (b) (1) are also hereby adopted, consistent with the levels adopted by the Greene County Legislature”.
ROLL CALL VOTE: AYE Muth, McCrary, Pellitteri and Trach.

     On a motion by Councilman McCrary, 2nd by Councilman Pellitteri and carried Local Law #2 was adopted.   This law is entitled “Establishing Income Levels for Real Property Taxes for Disabled & Low Income Citizens.
     “This local law is enacted pursuant to the requirements set forth in the New York State Real Property Tax Law 459-c to establish real property tax income levels for disabled and low income citizens.
     The Town of Jewett hereby adopts as the maximum level of income for persons eligible for the within exemption as $20,500 (Twenty thousand Five hundred Dollars).  The ‘sliding scale’ provisions of the New York State Real Property Tax Law 459-c are also hereby adopted, consistent with the levels adopted by the Greene County Legislature”.
 ROLL CALL VOTE: AYE Muth, McCrary, Pellitteri and Trach.

     Copies of the Local Laws are available in the Town Clerk’s Office.

     A motion was made by Councilman McCrary, 2nd by Councilman Pellitteri and carried to accept the minutes of the January 12, 2011 regular meeting.

     The Supervisor’s January financial report was given to the Board prior to the meeting.

     Town Historian Janet Nicholls gave an annual report.  She said she have responded to six letters and showed the Board material she is working on.    She was thanked for her report and the work she does.    Councilman McCrary made a motion, 2nd by Councilman Pellitteri and carried to accept the oral report.

     Councilman McCrary made a motion, 2nd by Councilman Trach and carried to accept the annual report from the East Jewett Fire Department.  Supervisor Muth abstained.

     On a motion by Councilman Pellitteri, 2nd by Councilman Trach and carried the December Financial report was accepted.

     Councilman McCrary made a motion, 2nd by Councilman Pellitteri and carried to accept the Building Inspector’s January report.

     Bills were audited by the Board and bank statements were reviewed prior to the meeting.
The general fund was $37,626.52 on abstract #2, claim numbers 18 to 43.  The highway fund was $26,178.99 on abstract #2, claim numbers 16 to 33.

     A motion was made by Councilman McCrary, 2nd by Councilman Pellitteri and carried to go into executive session at 7:47 P.M. concerning two pending law suits.
     A motion was made by Councilman McCrary, 2nd by Councilman Pellitteri and carried to come out of executive session at 8:46 P.M.

     Councilman Pellitteri made a motion to adjourn the meeting at 8:47 P.M., 2nd by Councilman McCrary and carried. 

                                                                                              ___________________________________
                                                                                                  Patricia Merwin Town Clerk/RMC

TOWN OF JEWETT
PLANNING BOARD
MINUTES
FEBRUARY 3, 2011

Agenda Item 1: The meeting was called to order at 7:16 pm.

Roll Call:         Chair: Donna Bernard
Members:        Gene Beers, Joan Kutcher, and Marianne Romito
Absent:            Dan Emel

Agenda Item 2: Approval of Minutes for January 6, 2011.

Mrs. Kutcher made the motion to accept the minutes as corrected; Mr. Beers seconded the motion, which carried unanimously among the quorum.

Agenda Item 3: Francine Clark appearing for John Vena for review of Tax ID No. 129.00-3-30; Rural Residential Zoning District.

Ms.Bernard said that this grandfathered, pre-approved parcel had been filed under the name of its previous owner, Mr. Hinnegan. By collaborating with Mr. Vanucchi in placing the previous owner's name and the new owner's name on the recent survey maps, the Planning Board has, in this instance, achieved its goal of integrating grandfathered parcels into further alignment with Jewett's subdivision laws.

Ms. Clark had brought five new copies of the maps plus the mylar. Ms. Bernard requested the Planning Board to determine whether the new maps meet the requirements for acceptance under Jewett Subdivision Law. She had spoken to Mr. Vanucchi and he thought the utilities were underground; he provided a legend to substantiate this. Curve data, an aerial map, and a statement saying the property has been conveyed to John Vena and Lou Ann Vena have been included on the map. The maps remained the same size at Mr. Vanucchi's insistence that size is acceptable for filing with the Greene County Clerk's Office.
Ms. Bernard called for a motion to accept the maps as amended. Mr. Beers made the motion, Mrs. Romito seconded the motion, which carried. Ms. Bernard then signed the maps and Ms. Clark left to file them.

Agenda Item 4: Larry Gardner to represent David Buckley for a Sketch Plan Review of 119 acres off of Overlook Drive, called Pine Meadow, Fire No. 111 Route 23A, South Jewett, NY; Tax Map ID No. 147.00-1-1: Rural Residential Zoning.

Mr. Vanucchi asked Mr. Gardner to put the question to the Planning Board concerning the roadway on Overlook Drive. He believes this very steep road can never meet town specifications. Overlook Drive ends in a cul-de-sac at the Buckley property. The Buckley brothers want to create two parcels. Mr. Gardner assured himself that the map he brought was the same as the one provided for the PB the last time.

An earlier map provided by Kaaterskill Engineering Associates prior to Mr. Vanucchi's survey suggested a very problematic situation to dividing this property that had it resembling a flag lot, with a very small portion of the property for one brother that violated Jewett's law regarding driveways, and would have meant the installation of a roadway to make egress possible from the back parcel of the property once it became subdivided. Mr. Vanucchi's solution to divide the property basically down the middle provides egress to both halves, one on to Overlook Drive and one on to Lloyd's Lane. This should remove the Planning Board's earlier concerns about needing a roadway built to meet town specifications
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During the 1970's a fellow named Tom Poelker and another man created a subdivision of the upper property owned by the O'Bryans. Mr. Beers stated the O'Bryans have since granted NYCDEP Conservation Easement. Mr. Gardner said the overlap illustrated on the survey that had previously worried the Planning Board is a separate issue that does not concern the Board's decision of whether to subdivide the property or not. The PB's real concern is the road access. Mr. Gardner stated that there are eight to ten homes existing already along Overlook Drive. A covenant to maintain the existing private road could be written, but would place more of a burden on homeowners who already have an unspoken "pass the hat" agreement in meeting mutual needs.
Mrs. Kutcher said the Planning Board has many questions about that road. Mr. Gardner replied that it will never meet town specifications and should not. The lot has existed without the benefit of any road maintenance agreement. The roads that are there are existing right of ways. No need exists to create a new roadway. Mrs. Kutcher worried about the instance of someone thinking they could gain access to a lot in back without another right of way; the PB has experience of another instance of re-subdividing a previously existing subdivision, and instance is met for that in Jewett's Subdivision Law. There remains Emergency Service accessibility to consider. The PB does not want to create another lot without consideration of the safety issues. Mr. Gardner said that before a new lot could be created, the application will have to come before the PB again.

Mrs. Kutcher said the Planning Board would be creating a new lot off a road not approved to town specifications. Ms. Bernard suggested that the plan be run by the Highway Department because of the steep slope and drainage issues. Mr. Gardner thought it more reasonable to present the problems to the Emergency Services people.
Mr. Gardner and Ms. Bernard clarified that this subdivision will not mean an extension of the existing road, which is maintained by a "pass the hat" agreement every spring. There is fifty feet (50') of frontage at the cul-de-sac, meeting town road frontage requirements.
Mrs. Kutcher stated that a subdivision of four parcels or less contiguous upon a maintenance agreement that the Highway Department and the Emergency Services people agree on present no problem for her, but that five or more parcels constitute a major subdivision, and there should be no exception to town law. Mr. Beers reminded her that these are already existing parcels. Ms. Bernard suggested involving Mrs. Muth, Town Supervisor, in the emails regarding this application: When she was a member of the Planning Board Mrs. Muth had the most input regarding Emergency Services.

Ms. Bernard asked Mr. Beers if he thought the Planning Board should be taking any other steps. Mr. Beers summarized that the PB has more understanding of the questions posed by Mr. Vanucchi. The previous concerns were raised by KEA's aerial map of this property. The PB could not determine from that map whether Lloyd's Lane actually met the Buckley's property. A further question arises that although this property was subdivided in the 1970's, with a new subdivision application before the PB, the Board needs to interpret the re-subdivision of an existing subdivision for this case.

Mrs. Kutcher noted that when Mr. Joe Vanucchi originally came they planned a road off Lloyd Lane, but within the boundaries of the existing property. That was when the Planning Board considered the need to build according to town road specifications, but the solution of dividing the property down the middle has resolved that.

Overlook Drive and Lloyd's Lane are preexisting roads. Ms. Bernard confirmed this from the subdivision law, Article 1, Section 8, Effective Date, which states in part that "Any road having construction begun prior to June 9, 1988 shall be deemed as preexisting and shall not be subjected to the requirements of these regulations. Town of Jewett road construction procedures in existence prior to June 9, 1988 shall apply to all existing roads." Ms. Bernard further noted, however, that the issue of this being a re-subdivision of a previously existing subdivision needs further exploration. She re-iterated that Mrs. Muth had advised the Planning Board to seek the input of the highway department regarding drainage and slope, and the Emergency Services people. Mr. Gardner promised to get the information for the PB regarding the creation date of Tamera Estates, which apparently was the original name of this subdivision. Once the weather warms, the property will be more easily accessible for Board members wishing to view the site for themselves.

Agenda Item 5: Report from Greene County Planning Board Representative Gene Beers.

Mr. Beers said that the Greene County Planning Board meeting was cancelled due to a snow storm.

Agenda Item 6: Other Business

Ms. Laubmeier met with Mr. McCrary whose assistance finalized the intention to hook up the viewer to the Planning Board's computer. The PB now has access to view maps on the big screen and to put pertinent material into a PowerPoint presentation.
            Ms. Bernard updated her computer with the latest AEJEE maps. The Planning Board membership has also been provided with this opportunity. Included is the latest information from surrounding townships and most recent DEP acquisitions as requested. Tax Assessor Nancy Bower also assisted with the PB's request for more information on this by providing the information she has on file.
            Mr. Beers had noted that the Town of Jewett Zoning Regulations are posted on the town's website, but that the Subdivision laws are not. He requested these, and since the meeting, these have been provided by Mr. McCrary for the membership in pdf format.
            Ms. Bernard said that she could not be in attendance for the March 3 meeting of the Planning Board and asked whether the Board could meet on March 10th instead. Since nobody had any objections, she asked Ms. Laubmeier to post a meeting notice on the Town of Jewett bulletin board and to put a legal notice in the paper. Ms. Laubmeier is also to notify Mr. Emel who missed the meeting.
            Regarding Brittny Estates, Ms. Laubmeier is to send them a letter stating they are being removed from the Planning Board's agenda. Mr. Beers said that he heard from a contact in Windham that Brittny Estates is considering selling their property to the DEP.
As an aside, Mrs. Kutcher noted that her husband had noticed that the airport property (Sheepskin Hills) was up for sale.

            The motion to adjourn the meeting was made by Mr. Beers, seconded by Mrs. Romito, and carried among all present. The meeting adjourned at 8:40 pm. The next meeting of the Planning Board will be held March 10, 2011.
           

Respectfully,

Susan Laubmeier, Clerk

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Donna Bernard, Chair