MAY 13, 2009                                              

     A regular meeting of the Jewett Town Board was held on Wednesday, May 13, 2009.  Supervisor Michael Flaherty called the meeting to order at 7:00P.M.  Present were Board members Steve Jacobs, Michael McCrary, JR Quackenbush and Elaine Warfield.
     Also present were Superintendent of Highways Robert Mallory, Attorney for the Town Tal G. Rappleyea, and Chairwoman of the Planning Board Joan Kutcher.  Present were WAC Forestry Manager Tom Pavlesich, Glenn and Jennifer DeFrancesco, Samuel Creech, David Jaeger, Roger Bresee, Evan Mallory, Paul LaPierre, newspaper reporter Mike Ryan and the town clerk.

      Tom Pavlesich from the Watershed Agriculture Council, Forestry Management Program gave a presentation on what his office does to help loggers.

     Planning Board Chairwoman Joan Kutcher speaking on behalf of the entire Planning Board asked the Board to consider the possibility of thinking about zoning for windmills. She said the Town should be pro active and have a working task force to work on a law.      

     The Public Hearing on Local Law #3 of 2009 was opened at 7:40 P.M...  The law is entitled “Amendment to the Zoning Law Regarding Timbering.”

     Sam Creech, “I’m Sam Creech, President of the NYS Timber Producers and director of the Empire State Forest Producers Association.  The question I have is if the Town is listed as an additional insurer on our policy’ why would you want another bond?  It’s already covered by the insurance.  Also, usually there is a bond with the forester.  Maybe we’re being singled out as loggers when there’s a lot of excavators and everybody else using your same roads.  I know we had an incident here, I don’t know how bad the road is, but I know it was uncalled for.  Its unfortunate it happened but we do have insurance to cover that.  A lot of the jobs we have are less than $5,000.  It’s a determent to us in many ways.”
    
     Paul LaPierre, “The incident occurred on my road.   I was on the Board at the time we drew up the original permit and that was to address a situation that occurred when equipment had been used on a town road. At the time we had no way to make a claim against any operation that damaged town roads.  The concern was protecting the tax payer. My intent wasn’t to single out loggers, it was the Code Enforcement Officer that wasn’t doing his job.  Every operation that impacts a town road is supposed to have a permit in the town.”
 
     Superintendent Mallory, “In the last 14 years I have never spent a penny repairing roads from logging trucks.  Just this one time on Deming Road when the skitter was driven down the road.”

     Attorney Rappleyea, “The first thing to understand is that this law has actually been on the books since 2001. This does not apply to any timber harvesting in an area totaling less than 10 acres.  What is being proposed tonight is just a couple minor tweaks. Those include fixing the time period when the permit is going to be allowed.  All permits now end December 31st.  The new change will be one year from the date of issue.  There’s a proposal to require a minimum bond of $5000 or other types of insurance.  We do have a special section in our zoning law entitled ‘Timber Harvesting’ just as we do for horse stables and parking and a number of other things as well.”

     All persons desiring to be heard were heard, having been heard, the Hearing was ended at 8:12 P.M. on a motion by Supervisor Flaherty, 2nd by Councilman Quackenbush and carried.  

     Councilman McCrary made a motion, 2nd by Councilman Quackenbush and carried to table the law for further review.   The town must also wait for a letter of review from the County Planning Board before the Board can vote.

     Two bids were received for the new highway roof. 
     Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried to post a notice in the paper to re-bid this item.  Neither of the bids were opened nor rejected and will be kept by the town clerk and opened at the June 10, 2009 meeting.

     Councilman McCrary made a motion, 2nd by Supervisor Flaherty and carried to accept the minutes of the April 8, 2009 regular meeting and the May 6, 2009 special meeting.

     The Supervisor’s monthly financial report was given to the Board.

     The Superintendent reported the delivery of the new 2009 GMC truck today.  The Town will receive chips monies for next year in the amount of approximately $61,000.
       
     A Town-wide pickup was discussed.   The pickup is usually done in September.  This item was tabled.

     Supervisor Flaherty made a motion, 2nd by Councilman McCrary and carried to adopt Resolution #13.  The resolution reads:
     “WHEREAS, the Town of Jewett is a municipal corporation duly organized under the laws of the State of New York, and
     WHEREAS, Alexa M. Dayton has offered for donation a certain piece of personal property to wit: a white 1970 Ford Van/Box Truck to the Town of Jewett and
     WHEREAS, the Town has determined that the said vehicle has a value in the amount of $500 and is of good use to the Town Highway Department.
     NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Jewett hereby accepts the donation of a white 1970 Ford Van/Box Truck and be it further
     RESOLVED, that the donor may utilize this resolution to obtain any legal tax deduction or other advantage allowable under the laws of the United States of America and/or the State of New York.”     

ROLL CALL VOTE:  AYE Flaherty, Jacobs, McCrary, Quackenbush and Warfield. 

     Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried to adopt Resolution #14.  The resolution reads:
     “WHEREAS, the Town of Jewett has been asked by Forest Ranger Jeffrey Briegle to request the Greene County Highway Department install “NO PARKING” signs on the south side of Colgate Lake, located at the end of County Route 78 in the Town of Jewett.
     NOW, THEREFORE, BE IT RESOLVED, that the Jewett Town Board does request the Greene County Highway Department to install “NO PARKING” signs on the south side of Colgate Lake.”

ROLL CALL VOTE:  AYE Flaherty, Jacobs, McCrary, Quackenbush and Warfield. 

     The Board discussed wind generators.
     Councilwoman Warfield said she was totally for green energy.   Her concern was that only one salesperson has come in and made a presentation to the Board.   The Councilwoman feels more research should be done on turbines that have a proven track record and other sales people should come in and do a presentation.  “The technology is so new that a couple years down the road the prices are going to come down, things are going to be more consistent and improved on.”
     Councilman Quackenbush said he has done research on the internet on the unit the town is looking at.  From what he reads this particular unit hasn’t had any failures in 2 ½ years.
     Councilman McCrary made a motion, 2nd by Councilwoman Warfield which says the Board approves the further investigation of the feasibility of the wind generator in order to come to a conclusion of the bottom line, the final cost.

     Councilman Quackenbush, as liaison to the Planning Board, reported that “everyone is on board for going to 5 members.”
     Joan Kutcher has agreed to chair and Carol Muth to vice-chair until the end of the year.  Then the board will consider rotating the chairperson position every year.  The board would also like to extend the role of planning board secretary, Susan Laubmeier, so she can do more of the research formerly done by the late Jane Bostrom. 

     Councilman Quackenbush made a motion, 2nd by Councilman Jacobs and carried to set a Public Hearing for the June 8, 2009 meeting on a local law to reduce the number of members on the Planning Board from seven to five.

     Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried granting a noise law waiver to Greg Bell for a party on his property on July 17, 18 and 19, 2009. 

     The audit committee of Councilmen McCrary and Quackenbush audited the bills prior to the meeting. Councilman McCrary made a motion to accept the audit.  Councilman Quackenbush 2nd the motion and Board members voted Aye.

     The general fund was $19,958.38 on abstract #5, claim numbers 100 to 138.  The highway fund was $35,391.06 on abstract #5, claim numbers 62 to 77.

     Councilman Quackenbush made a motion, 2nd by Councilman Jacobs and carried to accept the March financial statement.  Bank statements were made available for review.

    The Board had no comments on the DEP land acquisitions.  The 120 day comment period has ended. 

     Representatives from Cornell Cooperative Extension were here last Friday and found a location for the grass pellet stove outside the highway garage.  This is a three year experiment.

     Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried to go into executive session at 9:20 P.M. to discuss union matters. 
     Supervisor Flaherty made a motion, 2nd by Councilman McCrary and carried to come out of executive session at 9:31 P.M.
    No decisions were made.

     Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried to adjourn the meeting at 9:32 P.M.

                                                                                   ____________________________________
                                                                                     Patricia Merwin Town Clerk/RMC

TOWN OF JEWETT
PLANNING BOARD
MINUTES
MAY 7, 2009

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

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

Agenda Item 2: Approval of Minutes for April 23, 2009.

The minutes were reviewed and corrections made. Mrs. Muth motioned to accept the minutes as amended; Mrs. Nicholls seconded the motion, which carried unanimously.
           
Notification of the pending cases. The Planning Board wondered how it should regard the time lapse on the pending cases for Brittny Estates, Lars Peters, and Joseph D'Acunto, because the PB had not met for the months of December, January, and February. Mrs. Muth thought these pending cases had used up their three months as they had nothing to present. Ms. Laubmeier said that Kaaterskill Engineering for Brittny Estates had let her know they were not ready. However, she had heard nothing from Mr. Peters or Mr. D'Acunto. She reminded the PB that the issues raised at the November meeting regarding Mr. D'Acunto were unresolved. Mr. Beers had read in the paper that the Town of Cairo Planning Board had lost an appeal because of an improper response to one of its cases, hence the PB needs to exercise caution. Mrs. Kutcher suggested the PB speak to Mr. Rappleyea to make the legal determination whether the six months are up or not. She promised to speak to Mr. Rappleyea to discern the next steps to take regarding these cases. Perhaps he will draft a letter to respond to all three. Ms. Laubmeier said she would take no action on these cases until notified of Mr. Rappleyea's position.

[Since the meeting, Ms. Laubmeier received a phone call from Mr. Cohen, who is Mr. D'Acunto's attorney, seeking to reinstate Mr. D'Acunto's case. Ms. Laubmeier informed him that the PB has referred the matter to Mr. Rappleyea and is not yet ready to move forward with another Public Hearing for Mr. D'Acunto.]

Agenda Item 4: Report from Greene County Planning Board Representative Gene Beers.

Mr. Beers said he has nothing to report.

Agenda Item 6: Other Business: Open Forum

Mr. John Potter stopped by the Planning Board meeting with a question concerning a duplex on five acres. The duplex is owned jointly by partners who are aging and wish to be able to separately sell their half easily if they want to. One of the owners has passed away and the new owner is also aged. Mr. Potter asked whether he could change the description from "duplex" to "town house" hoping this action will facilitate the sale of the property. He previously spoke to Mr. Larry Gardner who suggested "condos" to be the change in language, and to the Code Enforcement Officer who suggested "town house" because this is where the occupants own the land collectively. The property is located at 2434 Ford Hill Road in Jewett's Rural Residential Zoning District. The property is Tax Map No. 147.00-1-43. The duplex shares a well, a septic system, and has one driveway. The land is jointly owned. The property was built in 1995, so it predates Jewett's Zoning Laws. The question on language change raises legal concerns as to future interpretations of the law. To consider this case as a subdivision does not seem applicable although the acreage is sufficient for Jewett Zoning Law.
Mr. Beers wondered if the Planning Board could create a "green space" with Jewett's current zoning laws similar to what they are doing in Windham. There are some developments, he said, for example on lots of ten acres, where the septic system and wells are planned to allow greater green space and tightening up living space while maintaining the required density under the zoning law. He suggested the Planning Board consider creating a resource to allow smaller lots retaining the density of the Town of Jewett; this idea arose from the questions raised by the condos where the land is jointly owned and a maintenance agreement exists among all parties. A condo must meet density requirements.
Other questions arose: Would this action require setbacks and are a second well and septic system needed? The Planning Board overall did not think so. Mr. Quackenbush recalled the case of a property on Colgate Lake Road where two houses shared a well and a septic system, and one house was sold. Mrs. Muth recalled the Warfield case. Mrs. Kutcher summarized this as an issue of a duplex or two-family dwelling with a single owner. Mr. Beers said that a partnership or a corporation is regarded as a single legal entity; this approach could resolve the question. Mrs. Muth found no applicable language in the deed. Mr. Quackenbush suggested referring the question of the language of the law to Mr. Rappleyea, because this is a change that the owner is looking to do on paper. The PB wondered if a Special Use Application was necessary, but the PB has no application that relates directly to Mr. Potter's question. Mrs. Kutcher took Mr. Potter's contact information and will speak to Mr. Rappleyea.

The Planning Board discussed windmills. Mr. Quackenbush is very enthusiastic about the prospective windmill intended to power the Municipal Building, and the PB hiked outside to view the site behind the Town Barn. Mr. Quackenbush told Mr. Flaherty that the windmill project is one the PB should have been informed about because of its wish to be proactive initiating public guidelines for the safety and concerns for the town. This is an upcoming technology that requires a closer look. He thought the town's windmill will provide a practical experience for everyone. He said the initial cost is $22,000, but after grants, the cost is reduced to about $4,000 for installation. That should be recouped within three years of saving energy costs.
            Outside behind the Highway Shed, Mr. Quackenbush pointed out the site for the windmill. Its height will be forty-five feet (45') and the blades are five feet (5') long. There is a fifty-foot (50') setback around the windmill. Wind speed measures 12mph, but only 8mph is needed to support the electrical costs of the Town Hall by twenty-percent (20%). Mr. Beers applauded the new technology and thought the Planning Board needs to protect the aesthetics for adjacent property owners of those who seek to install windmills.
Mrs. Kutcher said the Planning Board should approach the Town Board to consider zoning laws for windmills. Ms. Bernard thought the example set by the town in establishing a windmill safely and aesthetically is a nice way to segue into these laws locally, as well as reviewing the laws enacted by other towns. Mr. Quackenbush commented that if Jewett passes this zoning for everyone's safety, protective fences get ugly. Ms. Bernard reminded him of the statistics on falling ice. Mrs. Muth reminded the PB that the windmills she touched at Guantanemo Bay military base were very quiet and very safe. Mrs. Kutcher said that with residential properties, trespassing may become an issue. She asked Mr. Quackenbush if any of the Jewett Town Board members were going to the Town of Hunter's Public Hearing on windmills. He said that Mr. Flaherty intends to go. Mrs. Bernard has not yet learned when the Public Hearing is intended.
Mr. Quackenbush stated that the Town Board must write these zoning laws proactively and correctly. Mrs. Bernard pointed out the need for caution signage, thrown ice, and regard for legal issues experienced by other towns. Mr. Beers said this is the reason for the moratorium in Hunter. Mrs. Kutcher intends to attend the Town Board meeting to hear these issues discussed.

Mrs. Kutcher learned that Anthony Bucca appeared before the Board of Appeals last night. He had sent the Planning Board a letter to subdivide a non-conforming, grandfathered property; the PB had replied that it couldn't be done. The Zoning Board of Appeals told Mr. Bucca it could not consider this case until it had been rejected by the PB. Mrs. Kutcher stated that Mr. Bucca should have appeared before the Planning Board with an application and the chance to make his concerns heard. Mr. Bucca is claiming this as a hardship case. Mrs. Kutcher wished to forewarn the Board he could be appearing before it next month. The PB should listen to what he has to say. No application has been filled out; although this is a hardship case, the paperwork will still need to be filled out and payment made to the Board.

Agenda Item 5: Report from Town Board liaison J.R. Quackenbush.

The Town Board has considered dropping the required number of members of the Planning Board from seven to five due to the difficulty of getting volunteers for the job. Mrs. Kutcher reminded him that no one wants the chair position. Mr. Quackenbush suggested a rotating chair. Mrs. Muth thought it takes too much time to acquire the knowledge. Mrs. Bostrom was an excellent resource, but there is no one from outside to come in and take over the job. Ms. Laubmeier offered the idea of increasing her role so that a chairperson could come in without as much preparation. Mrs. Muth said PB members need to learn the knowledge that Mrs. Bostrom had and apply it. Mr. Quackenbush recalled his time on the PB and said he finds the Town Board an easier job; there is just so much to know on the PB.
Mr. Quackenbush said that with the types of cases appearing before planning boards, the members should be better paid. Mrs. Bostrom used to work on this every day; if her salary was, for example, $1200 to $1500, that amounts to very little pay for the complexity of the job. He plans to discuss this with the Town Board. But even with better pay, no one seems to want the job. The Planning Board members said they like coming to the meetings, but they have other volunteer commitments and jobs. Mr. Quackenbush wondered about changing the name from "chair" to a type of point person who would be the individual to make the phone calls, et cetera. Mrs. Kutcher thought stepping up Ms. Laubmeier's job to Executive Secretary would work. Ms. Laubmeier said she is willing to do the information gathering, legal research, and phone calls for better compensation, and this would make the possibility of a rotating chair more feasible. Mrs. Kutcher said that the current members work very well together. Mrs. Muth thought if we did rotate the chair, the person should be chair for a year, and should be the person whose term next expires because theoretically he or she will have the most experience. Mr. Beers suggested the model provided by the Greene County Planning Board; Ed Diamonte is the research person and presents all the information he gathers to the Chair who then acts on it or not as the Board sees fit. Mr. Diamonte obtains all the details and because he is doing it all the time, he does not miss anything, and suggests actions appropriate for the GCPB to take. This works well for them. Ms. Bernard pointed out the Planning Board would have extra salaries not paid out, so the Board could get extra pay and funds would be available if the choice is made to increase the responsibility of Ms. Laubmeier's position.
Mr. Quackenbush asked about the duration of a rotating chair position. Everyone agreed a year would give continuity to the position. The Planning Board seems to do better getting a complete turn out of members with a five-number quorum. Having a smaller number of people increases the flexibility of the membership in rearranging meeting dates if necessary. Mr. Rappleyea advised Mr. Quackenbush that all that is needed for changing the number of members is a resolution, but Mrs. Muth said that according to NYS law it needs to be a Town Law. Mr. Quackenbush commented it is a more involved process, but not hard to do. Mrs. Kutcher summarized that the PB unanimously agrees to a five member board.
Mr. Quackenbush wondered how to explain the five-member Planning Board idea to the Town Board. He thought that because personnel are involved, it might require an executive session. Mr. Beers said the PB is recommending the role of somebody to be a point person. Mrs. Muth thought the person whose term is up at the end of the year is a good suggestion, but Mr. Beers said that some personalities, his among them, are not suited to being a chair. Mrs. Muth said that a chairperson did not need to put into the role all that Mrs. Bostrom did. Mr. Quackenbush said the role of the chair could be that of spokesperson, and an executive assistant to the chairperson would be valuable in that regard.
            Mr. Quackenbush asked if a rotating chair was out of the question, because it seems a consensus cannot be reached. Mrs. Kutcher offered to remain as Acting Chair until December. Mr. Quackenbush said the ideas can then remain under discussion for a while. He pointed out that the Acting Chair has the right to call upon Mr. Rappleyea whenever she wants. Mrs. Bernard said this is especially true now that the resource that Mrs. Bostrom provided is not available to us. Mrs. Kutcher said that if there are questions she will definitely involve Mr. Rappleyea. 
            Ms. Bernard said the Planning Board should establish a Vice-Chair. Mrs. Bostrom had said it was her right to appoint one, and Mrs. Kutcher had been hers. With the full consent of the PB, Mrs. Kutcher appointed Mrs. Muth as Vice-Chair. Mrs. Muth accepted.
            Mr. Quackenbush thought he could get the five-member board issue resolved relatively quickly.
            Mrs. Kutcher commented that although the Planning Board had no one on the agenda it is a public board and it is our role to sit and discuss upcoming issues in support of the community. She asked Ms. Laubmeier to email the agenda and the minutes in addition to the regular mail. Mrs. Nicholls is the only one who cannot be reached by email.

 
Conversation turned to government. Mr. Beers said he wishes more representation from across Route 296. Mr. Quackenbush said that not enough people who complain show up to their government. Mr. Beers feels that as a generational local, he takes personal availability to government more for granted than some of the people coming into the area. For example, when Mrs. Muth was first Supervisor, she had been here a year, and while lifelong locals would complain, nobody else had run for the office. The point is that members of the community could and perhaps should be more involved in their own governmental process. Mrs. Nicholls is active in four different departments of this town. Perhaps everyone should be required to hold one term in some public office so they have the experience of being on the inside of the process. Mr. Quackenbush loves the process of writing letters of opinion to town governments, editors of the paper, et cetera; it's not about the money, it is about getting involved. The action of being proactive in deciding what is best for our town prevents unfavorable living situations later on.

The motion to adjourn the meeting was made by Mr. Beers, seconded by Mrs. Bernard, and carried. The meeting adjourned at 8:45 pm.

           
Respectfully,

Susan Laubmeier, Clerk

_____________________________
Joan Kutcher, Acting Chair

Zoning Board of Appeals

May 6, 2009

Roll Call          :Chair: Russ Coloton
                        Members: Margaret Flaherty, Ann Dwyer, Charles Kutcher, Kathleen Williams
                        Absent:

The meeting opened at 7:07 pm.

Agenda Item 2:  Approval of Minutes of April 1, 2009.
              Mrs. Flaherty made the motion to approve the minutes.  Mr. Coloton seconded the motion.  The vote was three ayes and two abstentions.  The motion carried.

Agenda Item 3: Application for Yard Requirement Determination for Michael Poremba of 9928 Route 23A, Jewett, NY; Tax Map # 146.00-1-9; District: Rural Conservation.  Present Mr. Michael Poremba

            Mr. Poremba reviewed his application to erect a garage on his pre-existing undersized lot which has been determined to be less than 20,000 square feet.  Therefore he is applying for a yard requirement determination and an Application for Certificate of Non Conforming Use.  He submitted the revised sketch plan with measurements noted.  He is requesting a 25’ x 25’ garage to be built 4 to 6 feet from the side lot line.   Members reviewed the plan and the pictures submitted.  Mr. Coloton recommended that although not required the ZBA should hold a Public Hearing on this application.  Mr. Poremba and members agreed.  Mr. Coloton made the motion to accept the application as complete and to schedule the public hearing for June 3, 2009 at 7:00 pm.  Mrs. Flaherty seconded the motion.  The vote was unanimous and the motion carried.  Mrs. Dwyer informed Mr. Poremba of the certified mailing requirement, the sign posting requirement and the certification of sign posting requirement for the public hearing.

Agenda Item 4: Application for Area Variance for Peter and Lyn Gillespie of 1378 Goshen St. Jewett, NY, Tax Map No. 111.00-2-21, District:  Rural Residential.  Present: Mr. Peter Gillespie

            This application has been pending for over a year.  Mr. Gillespie submitted three possible sketch plans for the Board to review.  The first was the original proposal with a minor modification.  The second reflected moving the breezeway back but still building in the front yard.  The third reflects moving the whole addition back so that it does not increase the front yard non-conformity but would increase the side yard variance requirement.  The pre-existing non-conforming lot size is greater than 20,000 sq. ft; therefore they are applying for an area variance.  After discussion between the members and Mr. Gillespie, it was agreed that the third sketch plan be the one the Board reviews since it presents the minimum amount of variance of the three plans.  Mr. Kutcher made the motion to accept the application as complete with the third sketch plan as the final plan.  Mrs. Williams seconded the motion.  The vote was unanimous and the motion carried.  Mrs. Flaherty made the motion to schedule the Public Hearing for June 3, 2009 at 7:00 pm.  Mrs. Williams seconded the motion.  The vote was unanimous and the motion carried.  Mrs. Dwyer informed Mr. Gillespie of the certified mailing requirement, the sign posting requirement and the certification of sign posting requirement for the public hearing.

Agenda Item 5: Consultation on Subdivision Appeal - Application for Certificate of Non-Conforming Use by Patricia  and Wayne Koehler of 210 Goshen Street, Jewett, NY; Tax Map Parcel No. 112.00-3-37; District: Rural Residential.  Present: Mr. Anthony Bucca

            Mr. Anthony Bucca, representing the applicant, stated that he did not make a formal application to the Planning Board, he sent a letter dated Jan 13.2009 requesting the Planning Board consider a non-conforming subdivision of the property.  Upon receipt of the letter from the Acting Chair of the Planning Board stating the Board cannot subdivide a second non-conforming parcel from a pre-existing non-conforming parcel, he is appealing the decision of the Planning Board.  Mrs. Dwyer obtained a copy of the March 2009 Planning Board minutes for the record.  Mr. Bucca stated the there are two one family houses on the parcel owned by sisters.  One sister, Patricia Koehler, owns the underlying property, while the other sister, Gail Scarey, owns the second house which her parents allowed her to build on their property prior to the adoption of the Zoning Law.  He stated that there are separate septic systems and wells for each house and they are taxed separately since 1986-1987.  Members inquired whether the tax assessor separately assesses each house.  Mr. Coloton will verify with the assessor that there are two separate tax bills.  Mrs. Dwyer noted that there was no ‘formal’ decision from the Planning Board since there was no formal application to them.  According to the minutes, there was also no vote by the Planning Board, therefore the Planning Board letter should be considered advisory.  Mrs. Dwyer inquired whether the Zoning Board of Appeals could hear an appeal of an advisory opinion.  She believes the applicant must formally file an Application for Sketch Plan Approval with the proposed variances noted on the application; the Planning Board must hold a hearing on the variances to the Sub-Division regulations; and then make a formal decision on the application.  Only then can the applicant appeal the decision to the Zoning Board of Appeals.  Mr. Coloton agreed to contact the Town Attorney to request his opinion on the proper procedures to be followed.  Mr. Bucca stated that he would also contact the Town Attorney.

Agenda Item 6: Training: Mrs. Dwyer mentioned the available training session for May 14, 2009 by Columbia-Greene NYSBOC & NYSDOH

Agenda Item 7: Other business: Mrs. Dwyer stated that all prior ZBA minutes have now been transferred to the ZBA computer.

            There being no other business, Mrs. Flaherty made the motion to close the meeting.  Mrs. Williams seconded the motion.  The vote was unanimous.  The meeting ended at 8:37 pm.
 
                                    Respectfully submitted,                                             

Ann Dwyer                                                    
Secretary                                                        

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