Town Board
MAY 12, 2010
A regular meeting of the Jewett Town Board was held on Wednesday, May 12, 2010. Supervisor Carol A. Muth called the meeting to order at 7 P.M. Present were Board members Steve Jacobs, Michael McCrary and William Trach.
Present were Superintendent of Highways Robert Mallory, Attorney for the Town Tal G. Rappleyea, town residents Werner and Helga Pscherer, Mike Flaherty, Gerald Payne from Scott Alarm Systems, newspaper reporter Mike Ryan and the town clerk.
Councilman McCrary made a motion, 2nd by Councilman Trach and carried to open the Public Hearing at 7:01 P.M. on the “Draft Generic Environmental Impact Statement.”
There were no comments from the public.
Councilman Jacobs made a motion, 2nd by Councilman McCrary and carried to close the Public Hearing at 7:02 P.M.
Councilman McCrary made a motion, 2nd by Councilman Jacobs and carried to adopt Resolution #10 entitled “DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT” and reads:
“WHEREAS, the Town of Jewett went through the process of having a Draft Generic Environmental Impact Study performed so as to be a source of guidance for the development of land in the Town of Jewett; and
WHEREAS, said study was completed and reviewed by all members of the Jewett Town Board; and
WHEREAS, a Notice of Public Hearing for acceptance of said document was duly advertised; and
WHEREAS, the Public Hearing for accepting the Draft Generic Environmental Impact Statement was held on Wednesday, May 12, 2010 at the Jewett Municipal Building; and
WHEREAS, all members of the Jewett Town Board voted in the affirmative to accept the Draft Generic Environmental Impact Statement;
BE IT HEREBY RESOLVED that the Draft Generic Environmental Impact Statement was adopted.”
ROLL CALL VOTE: AYE Muth, Jacobs, McCrary and Trach.
Councilman McCrary thanked Nan Stolzenburg of Community Planning & Environmental Associates and Sterling Environmental Engineers for the preparation of the DGEIS document saying “ they did a marvelous job”.
Councilman Jacobs made a motion, 2nd by Councilman Trach and carried to accept the minutes of the April 14, 2010 regular meeting.
The Supervisor’s April financial report was given to the Board prior to the meeting.
Councilman McCrary made a motion,2nd by Councilman Jacobs and carried adopting Resolution #11 entitled “ALARM SYSTEM” and reads:
“WHEREAS, the Town Board has determined that there is a need for a security system in the Municipal Building and Highway Garage; and
WHEREAS, Councilman Jacobs contacted Scott Alarm System, Inc., ADT and Safeco Alarms to present the Town with a proposal and Scott Alarm Systems, Inc. was the only company that did present a proposal;
THEREFORE, BE IT RESOLVED that the Town Board authorizes the Supervisor to sign a contract with Scott Alarm Systems, Inc. at a cost of $4,059.50 for a system completely installed and tested.”
ROLL CALL VOTE: AYE Muth, Jacobs, McCrary and Trach.
Councilman McCrary made a motion, 2nd by Councilman Trach and carried accepting the April report of the Building Inspector.
Councilman McCrary made a motion, 2nd by Councilman Jacobs and carried accepting the April report of the Zoning Officer.
Superintendent Mallory asked the Board “ to consider looking at the section of the sub-division regulations regarding the paving of roads and possibly going from motor paving back to the process of chip and seal”.
Councilman McCrary made a motion, 2nd by Councilman Trach and carried adopting Resolution #12 entitled “ESTABLISHING STANDARD WORKDAU FOR ELECTED AND APPOINTED OFFICIALS” and reads:
“BE IT RESOLVED, that the Town Board be and hereby establishes the following as a standard workday for elected and appointed officials for the purpose of determining days worked reportable to the New York State and Local Employees’ Retirement System:
STANDARD: Six hours day equals one (1) day
Supervisor, Town Board Member, Town Clerk/Tax Collector, Justice, Attorney for the Town, Assessor, Building/Zoning Officer, Planning Board Member, Zoning Board of Appeals Member, Assessment Review Board Member, Health Office, Historian, dog Control Officer, Clerk to the Assessor, Clerk to the Justice, Deputy to the Town Clerk, Cleaning Person, Election Board and Custodians.
“STANDARD: Five day work week, eight (8) hour day
Superintendent of Highways
Highway Personnel
STANDARD: Thirty-seven and ½ (37.5) hours per week
Assistant to the Supervisor
Bookkeeper
BE IT THEREFORE RESOLVED that this Resolution supersedes Resolution #22 dated September 9, 2009”.
ROLL CALL VOTE: AYE Muth, Jacobs, McCrary and Trach.
Councilman Jacobs made a motion, 2nd by Councilman Trach and carried reappointing Councilman McCrary as a representative to Soil and Water Conservation District. This is a 2 year term.
Councilman McCrary made a motion, 2nd by Councilman Jacobs and carried not to increase the rent of the Senior Center for 2011. The rental amount will remain at $1,216 per month.
A Public Hearing on Local Law #5 of 2010 will be held at the June 9th regular meeting. This Local Law Amends Standards and Procedures for the Zoning Review of Residential Small Wind Energy Systems.
Councilman Jacobs made a motion, 2nd by Councilman McCrary and carried accepting the March financial report. Bank statements were made available for review.
Prior to the meeting bills were audited by all Board members and ordered paid. The general fund was $10,039.63 on abstract k#5, claim numbers 104 to 123. The highway fund was $10,417.62 on abstract #5, claim numbers 65 to 82.
Councilman McCrary made a motion, 2nd by Councilman Jacobs and carried to adjourn at 8:38 P.M.
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Patricia Merwin, Town Clerk/RMC
Planning Board
TOWN OF JEWETT
PLANNING BOARD
MINUTES
MAY 6, 2010
Agenda Item 1: The meeting was called to order at 7:12 pm.
Roll Call: Chair: Donna Bernard
Members: Gene Beers, Joan Kutcher, and Marianne Romito; Janet Nicholls, absent.
Agenda Item 2: Approval of Minutes for April 1, 2010.
Mr. Beers noted a correction which was made, and he made a motion to accept the minutes as corrected. Mrs. Romito seconded the motion, which carried.
Agenda Item 3: Barbara Eylund case review for property located on Little Timber Road, Jewett, NY; Tax Map Nos. 146.00-4-9, 146.00-4-10.1, and; Zoning District: Rural Conservation.
Ms. Bernard called for a review of the material the Planning Board has received from Mrs. Eyland. The Planning Board will exercise care in its interpretation of cases wherein owners of a grandfathered property with less acreage than is permissible under Town of Jewett Zoning Laws wish further division of acreage. The PB has reviewed the material sent by Mrs. Eylund. The information packet contains a Certificate of Occupancy signed by Jarvis Cross, a photo of Jarvis Cross doing the signing, and a Building Certificate, all dated July 18, 1988. Mrs. Eylund owns three adjourning properties and had built her home across a property line. Various letters that she has included in her information packet demonstrate efforts to resolve this problem for tax purposes and are dated from 1991 and again in 2009. Long-time members of the Planning Board have been attempting to remember when this case may have come before them in earlier years, but are not recalling anything definitive. Mr. Beers suspects that this case may fall into the gray area of the formative years of the Planning Board and the drafting of Zoning Law within the Town of Jewett.
Several questions came up in the reviewing of the material. In a letter to The Real Property Tax Service, Mrs. Eylund asks Mr. Bill Stein whether she could take land from two separate parcels to make one parcel for tax purposes. In this letter she claims that Vanucchi Associates had promised to "do whatever was necessary to register the146.00-4-18.12 map." In a letter dated May 23, 1991, Mr. Stein replies to Mrs. Eyland that no survey map of hers has been recorded in the Greene County Clerk's Office, and he refers her to her attorney and the Town of Jewett Planning Board. A letter from Charles J. Montalbano, Town of Jewett Assessor, dated December 4, 1991 also informs her that she needs to take her case to the Town of Jewett Planning Board for sub-division approval before she can file her survey map with the Greene County Clerk. On December 16, 1991, Mrs. Eyland wrote the Jewett Planning Board a rather philosophical letter explaining that in 1988 she hired Vanucchi to survey her land with the intention of relocating the property line. At that time she experienced problems concerning a bank loan. Larry Gardner, her lawyer, had also informed her that at that time Jewett had passed a law forbidding division of property under five (5) acres. She also states in this letter in bold type: "Understand that I was not going to be deterred from building my dream house" which she has named Gypsy's Lair. Mrs. Eyland's next letter to Larry and Joseph Vanucchi is dated November 6, 2009. She explains that at that time Charles Montalbano asked whether he could tax her according to her map instead of the county's which meant she has been taxed as two parcels each with one house on it. While Georgette was assessor, Mrs. Eyland says, she received a very high appraisal on the house, but because the property line had never been resolved, she could never sell the house for what it is worth. She also claims in this letter to have met with the Planning Board where "a lady named Jane" and "the rest of the board" said "it would be okay" and that she "would be grandfathered in and could remap the property."
The Planning Board discussed approaches toward resolution of her problem, noting that many years had passed between her efforts at resolution. Mrs. Eyland has wanted to take about seven-eighth's (7/8) of an acre from 146.00-4-9 to add to 146.00-4-18.12, but neither parcel is of legal size under Jewett Zoning Law. Combined the parcels would add up to the three (3) acres allowable under Rural Conservation Zoning, but then the parcel remains grandfathered with two houses on it. The PB also noted that Mrs. Eyland seems to be blaming Vanucchi Associates for not following through on resolving this issue, but that she herself had stated that nothing would deter her from building her dream house around the time that Mr. Gardner had advised her of the new existence of the Jewett Zoning Law.
It seemed under initial review of this case that it might be a Boundary Lot Line Adjustment, but Ms. Bernard and Mrs. Kutcher do not think that solution applicable in this case. Ms. Bernard said the case is too similar to the case of Scarey vs. Koehler in the wish to subdivide parcels that are not sub dividable under Jewett Zoning Law. What is understood from reviewing the material is that Mrs. Eyland may have applied on the cusp of the passing of the Jewett Zoning Law and that perhaps a moratorium was in place. As regards Planning Board understanding of the current situation, Mrs. Eyland has an illegal subdivision. Two maps exist from 1988 and from 2009. Mr. McCrary has been helping her toward resolving this situation. Mrs. Kutcher said that Mrs. Eyland would need to put an application for a sub-division before the PB in order to follow the procedures of denying it if she were to later appear before the ZBA for a variance or take any other illegal action regarding a denial. The PB needs an application to officially accept or deny its position. Mr. Beers suggested the PB contact Town Attorney Tal Rappleyea to define our position so that the procedure adopted by the PB will be consistent in approach. Ms. Laubmeier is to provide a copy of the entire packet for his review and to copy to Mr. McCrary.
Ms. Bernard summarized that at this point in the understanding of the Planning Board, nothing further can be resolved without advice of attorney.
[Note since the meeting: Zoning Law in the Town of Jewett was first passed August 21, 1991. The minutes held by Ms. Laubmeier do not go further back than 2000.]
Agenda Item 4: Scarey vs. Koehler case review for property located off Goshen Street, Jewett, NY; Tax Map Nos. 112.00-3-37; Zoning District: Rural Residential.
Planning Board members have a copy of the letter sent by Mrs. Dwyer to Attorney Anthony Bucca delineating the process to follow to seek a variance for this case and a summary of all the minutes regarding this case.
Prior to this, twice the Planning Board sent a letter to Attorney Bucca explaining that it cannot approve a sub-division for this case because a non-conforming property cannot be made further non-conforming. He had then sought approval from the Civil Court, but the judge put it back on the PB for a decision. Mr. Bucca has since gone directly to the Zoning Board of Appeals and Mrs. Kutcher said he should have appeared before the PB for an actual denial first. This case is comparable to the Eyland case, Ms. Bernard said, except that it is a conforming size. It is only the two houses upon the property that make it non-conforming. In the summary of the minutes is recorded Ms. Valachovic's appearance before the PB. At that time Mr. Bucca was to have called the PB asking to be placed on the agenda and did not. Mrs. Dwyer's letter to him was dated April 13, and he still has not followed procedure and notified the PB. It is stated for the minutes that the Planning Board will wait for Attorney Bucca to appear before the Board.
Agenda Item 5: SEQRA Review for Windham Mountain Sporting Club Application for Major Subdivision bordering Town of Jewett. Tax Map Nos. 95.00-1-28.1, 95.00-1-47-111, 95.00-1-47.2, 95.00-47-12, and 95.00-1-47.112.
On the Town of Jewett side of this line are all DEP/DEC owned lands. Copies have been sent to the Greene County Planning Board, Greene County Highway, the NYCDEP, the DEC, the DOH, and the US Army Corps of Engineers as listed on page 8 of 21. Although our town need not be very involved in this project, it is a wonderful example of the review process as an exercise in gaining familiarity with the procedure. The right questions and answers have been raised and have been beautifully addressed. Ms. Bernard asks all members to review this for discussion at the opening of the next Planning Board meeting.
Agenda Item 6: Report from Greene County Planning Board Representative Gene Beers.
Mr. Beers reported that it was a short meeting. One lot in Catskill had approached the GCPB with an application was rescinded as they had been arrested for illegal dumping. A large Jewish Camp is planned in Greenville that will be intended for children and social events such as weddings.
Agenda Item 7: Report from Town Board liaison.
Nobody new has yet been appointed to the position.
Agenda Item 8: Other Business
Ms. Bernard had received an electronic heads up that NYS legislators are considering law to set administrative standards for outdoor wood furnaces; taking a proactive stance gives the Planning Board the ability to set exacting standards that will conform with the state. The difficulty with the proposed legislation is that if these outdoor wood furnaces do not meet the standards, they will need to be uninstalled and reinstalled. The Town will wait to see what the proposed regulation will actually say when enacted before adjusting the town's regulation but will ask the Town to let anyone wanting to install a new unit know of the impending regulations.
SWES Law
The Planning Board officially reviewed the new Small Wind Energy Systems Law as an amendment to the current Zoning Law. Residential windmill installations will follow the standards of the industry and parameters for Town regulation are set in this amendment which is in compliance with the Town's Comprehensive Plan. The intent will be for residents to come before the Building Inspector for a Building Permit. If the proposal is non-compliant with this regulation, the client may appeal to the Zoning Board of Appeals for a variance.
The motion to adjourn the meeting was made by Mr. Beers, seconded by Mrs. Romito, and carried unanimously. The meeting adjourned at 8:02 pm. The next meeting will be held June 3, 2010.
Respectfully,
Susan Laubmeier, Clerk
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Donna Bernard, Chair
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