| Public Hearing & Town Board
Meeting
MAY 11, 2011
A Public Hearing to solicit public comments on a proposal to expand the Hamlet boundaries was open at 6:00 P.M. by Supervisor Carol Muth. Attorney Jeff Baker of the CWT addressed those present by first giving background information about the hamlets then giving information on the hamlet expansion areas.
Present at the hearing were Supervisor Carol Muth, Board members Steve Jacobs, Michael McCrary, James Pellitteri and William Trach.
The property owners present were Frank and Louis Nastasi, Greg Bell, Jean-Claude
Szurdak, Marybeth Polasek, Robert and Dena Lawrence, Charles Slutzky, Gina Calogero Arena, Janet Nicholls, Audrey and Tom Benjamin, Donna Bernard, Joseph Yost, Bruce Maben, William Mead, Bill Miller, Carol Miles, newspaper reporter Mike Ryan and the town clerk.
After a question and answer period the Public Hearing was closed at 6:45 P.M. on a motion by Councilman Jacobs, 2nd by Councilman McCrary and carried.
The regular monthly meeting was opened by Supervisor Muth at 7: 00 P.M. Present were Board members Steve Jacobs, Michael McCrary, James Pellitteri, William Trach, Superintendent of Highways Robert Mallory, Attorney for the Town Tal G. Rappleyea, Assessor Nancy Wyncoop Bower, town residents Marybeth Polasek, William Mead, Charles Slutzky, newspaper reporter Mike Ryan and the town clerk.
On a motion by Councilman McCrary, 2nd by Councilman Jacobs and carried the Board adopted Resolution #7. Subject: Hamlet Extension.
WHEREAS, on December 24, 2010, the new York State Department of Environmental Conservation (DEC) issued a Water Supply Permit to the New York City Department of Environmental Protection (DEP) which authorized DEP (and/or its agents) to purchase land in fee and to purchase conservation easements within the New York City Watershed West-of-Hudson River subject to certain restrictions with a duration of 10 years (with a one five year renewal for a total duration of 15 years). A copy of the Water Supply Permit (Permit No. 0-9999-005/00001) is available at http:/www.dec.ny.gov/permits/70361.html.
WHEREAS, under Special condition 1 of the permit, DEP’s acquisition of land in fee and conservation easements under this permit is limited to a cap of 105,043 acres;
WHEREAS, there is no time limit on the City’s land Acquisition Program ) i.e. the Land Acquisition Program can be renewed in 15 years for an additional period of 15 years and renewal thereafter);
WHEREAS, as a willing buyer offering to pay fair market value with no mortgage contingency or real estate commission, DEP;s Land Acquisition Program has been very successful in purchasing land and conservation easements throughout the watershed;
WHEREAS, there is a concern that the City’s land Acquisition Program will continue until there is no remaining developable land for purchase;
WHEREAS, DEP is not allowed to purchase land or conservation easements outside of its City boundaries for water quality protection without obtaining approval from DEC under Article 15, Title 5 of the New York State Environmental Conservation Law;
WHEREAS, the Water Supply Permit issued by DEC limits the type of land eligible for City purchases such that there must be a significant water quality benefit to the purchase and the program must not have a significant adverse impact on the community’s ability to survive and prosper;
WHEREAS, in the Water Supply Permit, DEC has sought to balance the need for future generations to have access to developable land by restricting from land eligible for acquisition, certain parcels, which from an environmental, social and economic perspective, should be preserved for future residential or commercial development (e.g., access to sewer or other utility infrastructure, road frontage, flat lands, in the hamlet, proximity to the hamlet, dry soils suitable for septic system);
WHEREAS, Special conditions 7, 8 and 9 of the Water Supply Permit restricts eligibility for land acquisition to land and (i) has pertain surface features and/or steep slopes, (ii) are greater than 10 acres and (iii) are vacant. Subject to certain exemption, parcels that do not meet that criteria are ineligible for acquisition;
WHEREAS, in order to protect the land that is most amendable for development, Special Condition 10 of the Water Supply Permit identifies two types of areas where the City may not purchase in fee or conservation easements: The 1997 Designated Hamlet Areas and the 2010 Designated Hamlet Areas;
WHEREAS, Special condition 2 of the Water Supply Permit provides as follows: The City’s LAP, the city’s Watershed Regulation, and the other programs and conditions contained in the Watershed MOA< when implemented in conjunction with one another, are intended to protect water quality while allowing existing development to continue and future growth to occur in a manner that is consistent with the existing community character and planning goals of each of the Watershed communities. The
City’s land acquisition goals recognize the importance of ensuring that the availability of developable land in the Watershed will remain sufficient to accommodate projected growth without adverse effect on water quality and without substantially changing future population patters in the Watershed.
WHEREAS, the determination whether the 1997 Designated Hamlet Area and the 2010 Designated Hamlet Areas are needed to ensure the availability of developable land to accommodate anticipated necessary growth with the community is in the nature of local land use determination to be made by the Town Board;
WHEREAS, attached as Exhibit A is a listing of tax parcels within the proposed 2010 Designated Hamlet Areas-the Town Board may delete parcels from the proposed area;
WHEREAS, attached as Exhibit B is a map showing the 1997 Designated Hamlet area;
WHEREAS, the Water Supply Permit allows the local municipality to determine the boundaries of the two Designated Hamlet Areas and the two proposed Designated Hamlet areas and to determine whether all designated areas should be preserved for future generations (rather than eligible for purchase by the City);
WHEREAS, under Section 18-39(a)(3) of the New York City Watershed Rules and Regulations, the parcels within the 1997 Designated Hamlet Area and the 2010 Designated Hamlet Areas are allowed to construct impervious surfaces within 100 feet of a water course subject to an individual storm water permit from DEP;
WHEREAS, the town has sent written notice to all property owners (based upon the current assessment roll) within the 1997 Designated Hamlet Area and the 2010 Designated Hamlet Areas notifying them of the opportunity to provide written comment and to provide testimony at a public hearing on the Town’s selection of the boundaries of all Designated Hamlet Areas and whether such areas are eligible (or ineligible) for city Land Acquisition;
NOW, THEREFORE, BE IT RESOLVED, 1.The town conducted a public hearing on May 11, 2011 at the Town Hall at 6:00 P.M. to solicit public comment as set forth above. 2. The Town Board instructed the Town Clerk to notify all property owners (based on the most recent assessment roll) within the 1997 Designated Hamlet Area and the 2010 Designated Hamlet Areas by letter of the opportunity to submit comments and appear at a hearing regarding the above. 3. Public comments may be submitted in writing or at the hearing. All written public comments must be received by 5:00 P.M. on May 11, 2011.
ROLL CALL VOTE: AYE Muth, Jacobs, McCrary, Pellitteri and Trach.
Copies are available in the town clerk’s office during normal business hours.
Councilman McCrary made a motion, 2nd by Councilman Pellitteri and carried accepting the minutes of the April 13, 2011 regular meeting.
The Supervisor’s financial report and bank statements were given to the Board to review prior to the meeting.
The Board approved the contract with Delaware Engineering for the monitoring of Hillside Farms. The proposed cost for completing the landfill monitoring is $4,950 for the year.
Councilman McCrary made a motion, 2nd by Councilman Jacobs and carried granting a noise variance exemption to Greg Bell for July 15, 16 and 17, 2011.
Councilman McCrary made a motion, 2nd by Councilman Jacobs and carried to notify the Zoning Board of Appeals that notice of cancelation of a meeting should be posted on the outside bulletin board and the inside bulletin board of the Municipal Building not less than three days prior to the scheduled meeting date.
On a motion by Councilman McCrary, 2nd by Councilman Pellitteri and carried the Board approved the audit of the bills done prior to the meeting.
The general fund was $7,214.50 on abstract #5, claim numbers 95 to 113. The highway fund was $34,193.87 on abstract #5, claim numbers 72 to 90.
Councilman McCrary made a motion, 2nd by Councilman Pellitteri and carried adopting Resolution #8.
Subject: Election of the Coalition of Watershed Towns Executive Committee.
WHEREAS, the Coalition of Watershed Towns holds elections for two Executive Committee members and two alternate members for Greene County, for a two-year term;
NOW, THEREFORE BE IT RESOLVED, that the Town of Jewett, Greene County, New York cast its vote for Stephen Walker, Supervisor, Town of Windham and Dennis Lucas, Supervisor, Town of Hunter as regular members and Steve Jacobs, Councilman, Town of Jewett and Dolph Semenza, Councilman, Town of Hunter as alternates.
ROLL CALL VOTE: AYE Muth, Jacobs, McCrary, Pellitteri and Trach.
Councilman McCrary made a motion, 2nd by Councilman Jacobs and carried to accepting the Zoning Officer’s monthly report.
Councilman Jacobs made a motion, 2nd by Councilman McCrary and carried accepting the Building Inspector’s monthly report.
In order to remedy a neglect or failure to obtain a building permit application the Board, in accordance with the Fees Law passed the following on a motion by Councilman McCrary, 2nd by Councilman Pellitteri and carried.
“Effective June 15, 2011 failure to apply for a Building Permit prior to beginning work will result in the fess for the project being tripled.
If a project has been started and a permit has not been applied for you have until June 14, 2011 to comply.”
Councilman McCrary made a motion, 2nd by Councilman Trach and carried accepting the Supervisor’s March financial statement.
On a motion by Councilman McCrary, 2nd by Councilman Jacobs and carried the Board went into Executive Session at 8:37 P.M. to discuss personal job description.
On a motion by Councilman McCrary, 2nd by Councilman Jacobs and carried the Board came out of Executive Session at 9:03 P.M.
Councilman Pellitteri made a motion, 2nd by Councilman Jacobs and carried to adjourn at 9:08 P.M.
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Patricia Merwin, Town Clerk/RMC
TOWN OF JEWETT
PLANNING BOARD
MINUTES
MAY 12, 2011
Agenda Item 1: The meeting was called to order at 7:10 pm.
Roll Call: Chair: Donna Bernard
Members: Gene Beers, Dan Emel, Joan Kutcher, and Marianne Romito
Agenda Item 2: Approval of Minutes for April 7, 2011.
Mrs. Kutcher made the motion to accept the minutes as written. Mr. Beers seconded the motion and all were in favor.
Agenda Item 3: Discussion of Hamlet Expansion by Donna Bernard.
Ms. Bernard attended the Public Hearing for the Hamlet Expansion. She said fewer people attended than she had expected. Attorney Jeff Baker who moderated the meeting spoke about the history of hamlet expansion and why it is now taking effect. In 1997 these concepts were quickly done. Since then better ideas have arisen and so the matter was revisited in 2002, when it was decided that it was timely to revise the standards for Jewett that had not been reviewed since 1997. Consideration was taken of the many properties in hamlets that are substandard lots. The DEP does not buy parcels of less than ten acres or property that has been improved with premises.
Ms. Bernard reminded the Planning Board of the maps of expansion she had printed out for review last month. The zoning minimum for hamlets is one and a half (1.5) acres for building. She had wondered at the Public Hearing how this will affect the expanded area, assuming for example that the surrounding zoning falls into rural residential category of two and half (2.5) acres minimum. The question on the table was that when the Town Board votes to accept the expansion, does the zoning law automatically change? The answer was "No." The zoning law remains the same. Two issues exist: one is a zoning issue and the other one is not. The Town Board would vote to accept the hamlet expansion. A new resolution would then be needed to introduce zoning law for the expanded hamlet to become one and a half (1.5) acres.
Ms. Bernard said she did not stay for the Town Board meeting.
Mrs. Kutcher wondered why, if the zoning did not change, the hamlet expansion would matter. The minimum purchase of ten acres would seem to be the deciding factor. Ms. Bernard said that nobody expected an infusion of money for the second round of DEP purchases, and the DEP had spent all of the money from 1997. In the fine print, she emphasized, the Town can opt to take the expanded area out of the designation, as the issue gets revisited every five years. At the most, Ms. Bernard said, this process exempts the property owner from the impervious surface restrictions within one hundred feet (100') from a water source. The second plus is that if zoning is made smaller, more people could subdivide. It would be the authority of the Town Board to pass a resolution for the change in the zoning law. New York City can still get conservation easements. The purpose of DEP purchases has been to keep the aquifers as clean as possible. If they ever put a filtration system in place, the hamlet expansion will not be necessary.
Mrs. Kutcher wondered what percentage of properties are over ten acres. Ms. Bernard said that she did not know, but could try to find out.
Agenda Item 4: Report from Greene County Planning Board Representative Gene Beers.
Mr. Beers said that the Greene County Planning Board meeting was very simple. The Town of Athens is revisiting their zoning law; it has been a period of about twenty to twenty five years since they have done so. The Mountaintop Historical Society has building preservation issues. The Windham Mountain Outfitters on the corner of South Street and Shipton are seeking to expand their operation into both ends of the store by putting in a restaurant where the coffee shop is going out of business. In Catskill someone is putting a swimming pool in close to the Jefferson Heights Nursing Home. Mrs. Kutcher commented that she learned that Young's Agway from Prattsville has taken over the old Abersham hardware store in Catskill and she was glad to hear they will be selling pet food there. Mrs. Romito asked Mr. Beers whether the Hannaford plans for Cairo were still moving forward. Mr. Beers answered they were tearing down the old Great American to put the Hannaford grocery store behind it. There is also to be a small parking strip for exits for the smaller businesses there. Discussion followed of how Planning Boards in other towns had used their power to maintain a nice appearance of buildings within their townships.
Agenda Item 6: Other Business
The training session on June 22nd at Columbia Greene Community College will relate to the SEQRA topic.
Michelle Yost and the Mountaintop Site Design Planning and Review personnel have been working with Planning Board chairs and supervisors to get an overview of contemporary issues through a series of better site design workshops to be held at Michelle's office in June, August, and October. Ms. Yost's office is in Tannersville back near the old Slopes location.
Ms. Yost wrote the Planning Board seeking for a letter to support the hiring of a storm water technician for the mountaintop area. Such technician would be at the disposal of Planning Boards and Building Inspectors to advise in the designing of water easement systems, septic systems, and such matters. Ms. Yost is in the process of grant writing to fund such a position. Mrs. Kutcher commented that in cases of large subdivisons the town already has a provision in place for collecting in escrow the fees for the hiring of a consultant. She reasoned that Ms. Yost is asking for someone for a position that is basically already funded by the project itself. Mr. Emel added that such a person would be working for the DEP and not necessarily for the best interest of the town. Ms. Bernard said she query Mrs. Muth's opinion about providing such a letter. Ms. Bernard stated that in her point of view, she would like to help Ms. Yost build up an infrastructure of experts on the mountaintop who can help to support refusals by the PB with as much expertise as possible.
Followup discussion arose concerning questions that had arisen during last month's Planning Board meeting. Ms. Bernard had gotten legal advice from Mr. Rappleyea. He advised the PB to do nothing ahead of time regarding Mr. Anthony's real estate. Getting to the process of long form SEQRA offers the Planning Board plenty more time to get comfortable with the case, Mr. Beers commented, supposing they actually want to go ahead and pursue a subdivision, at which time the escrow account provided for would give the PB access to an expert.
There is also a course on defining ridgelines coming up. Mrs. Kutcher said that local ridgelines are relatively protected as they are all state forest land.
Ms. Bernard obtained a copy of the flyer "Building in the NYC Watershed" that she had been looking for from Ms. Yost, and asked Ms. Laubmeier to make a copy.
Last month Marcus Aardemae had come before the Planning Board with questions of how to proceed on rebuilding on the old Eva Hamsch property. Ms. Bernard said she had gotten clarification from Mr. Rappleyea concerning the Town of Jewett's one hundred and fifty percent (150%) rule. In the past, Ms. Bernard said, the PB had interpreted this Section of the Zoning Law, which is not clearly written, to pertain to any building that had sat on a property. Mr. Rappleyea said, no, this law applied only to buildings that had previously required a special use permit. Houses and garages are assumed to be structures with permissable use. Houses and garages that were existing prior to enactment of subdivision law could still exist and do not need a special use permit. What remains grandfathered are the setbacks. Setbacks and a survey are critical, but the numbers game goes on between the Building Inspector and the property owner and does not involve the Planning Board. If the setbacks are not maintained, the property owner needs a variance. The one hundred and fifty percent (150%) pertains to such things as a factory (not a permitted use in Rural Residential Zones, etc.), not a home or garage, because those are permitted uses. The law had been talking about a non-conforming use and the PB had interpreted it to mean a non-conforming lot.
The motion to adjourn the meeting was made by Mr. Beers, seconded by Mr. Emel, and carried among all present. The meeting adjourned at 8:15 pm. The next meeting of the Planning Board will be held June 2, 2011 at 7 pm.
Respectfully,
Susan Laubmeier, Clerk
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Donna Bernard, Chair
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