| Town Board
JUNE 9, 2010
A regular meeting of the Jewett Town Board was held on Wednesday, June 9, 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 town residents James Pelliteri, Helga and Werner Pscherer, Peter and Deirdre Cunningham, Michael Flaherty, newspaper reporter Mike Ryan and the town clerk.
Councilman Jacobs made a motion, 2nd by Councilman Trach and carried to appoint James Pelliteri as a Board member filling the vacancy of JR Quackenbush. The term runs from June 9, 2010 to December 31, 2010. Mr. Pelliteri was sworn in by the Town Clerk.
Councilman McCrary made a motion, 2nd by Councilman Trach and carried to open the Public Hearing at 7:05 P.M. on Local Law #5 of 2010 “Amending Standards and Procedures for the Zoning Review of Residential Small Wind Energy Systems.”
Comments from the public: Deirdre &Peter Cunningham suggested several minor changes to the law of which the Board changed the following: Section A-3. The board added “and shall be accompanied by proof of mailing to all property owners within 200 feet”. In Section A-3-ix, take out the word “analysis”. In section B-1-v, add the word “sign” after “advertising shall be placed or painted on the sign,” and take out the word “other” so the last sentence in the B-1-v paragraph reads “Any sign shall be governed by the Sign Law of the Town of Jewett.”
Town resident Michael Flaherty, “I would like to thank the Board for moving ahead with this project. I think it is an important piece of legislation.”
Councilman McCrary, “I think that it’s adequate, I think that it’s sufficient, I think that it is done in such a way that protects the public but is not overly a burden on the home owner. I think it makes it very clear this is not industrial or commercial and as a result, practically now with the couple of changes, I’m in favor of it.”
Supervisor Muth, “I like it because it offers an alternative, it’s sensible, it protects other people’s property and your own because of the required set- backs. I don’t think it’s overly cumbersome.”
Councilman Jacobs thanked the Cunningham’s for coming forward and helping with the process.
Councilman McCrary made a motion, 2nd by Councilman Trach and carried to close the Public Hearing at 7:29 P.M.
Councilman McCrary made a motion, 2nd by Councilman Jacobs and carried to adopt Local Law #5 of 2010 as amended.
ROLL CALL VOTE: AYE Muth, Jacobs, McCrary, Pellitteri and Trach.
Local Law #5: Amending Standards and Procedures for the Zoning Review of Residential Small Wind Energy Systems.
SECTION 1: Title
This local law shall be known and may be cited as “Amendment to the Zoning Local Law of the Town of Jewett, New York Establishing Standards and Procedures for the Zoning of Residential Small Wind Energy Systems in the Town of Jewett.
SECTION 2: Findings, Intent and Purposes
The Town Board of the Town of Jewett finds that wind energy is an abundant, renewable, and nonpolluting energy resource and that its conversion to electricity will reduce dependence on nonrenewable energy resources and decrease the air and water pollution that results from the use of conventional energy sources.
The Town Board finds that prior to the adoption of this local law no specific procedures existed to address recurrent issues related to the sitting of wind energy systems. Accordingly, the Town Board finds that the amendment to the Zoning Law is necessary to standardize and streamline the proper issuance of building and zoning permits for residential small wind energy systems so that this clean, renewable energy resource can be utilized in a cost-effective and timely manner.
The purpose of this Amendment to the Zoning Law is to promote the health, safety and general welfare of the residents of the Town through the establishment of minimum standards to reduce the adverse visual effect of these systems; to protect property values; to protect the physical appearance of the community and to preserve its scenic and natural beauty. All new and presently existing small residential wind energy systems shall be subject to these and all other applicable regulations.
SECTION 3: Amendment of the Zoning Law of the Town of Jewett
3.1 New Article IV-K of the Zoning Law of the Town of Jewett – a new Article of the Zoning Law entitled “Standards and Procedures for the Zoning of Residential Small Wind Energy Systems” is hereby added as Article IV-K as follows:
L. Standards and Procedures for the Zoning of Residential Small Wind Energy Systems.
A. Procedure for Review
1. Permitted Use. Residential small wind energy systems and met towers are an accessory use permitted in all zoning districts where the principal use is a dwelling or agriculture. One (1) small wind energy system will be permitted per plot where the principal use is a dwelling; and, up to three (3) may be permitted where the principal use is agriculture.
2. Building Permit. No residential small wind energy system shall be erected, constructed, installed or modified without first receiving a building and zoning permit pursuant to Article VI. Met towers that receive a building and zoning permit shall be permitted on a temporary basis not to exceed three (3) years from the date the building permit was issued.
3. Application. Applications shall be accompanied by a copy of the Town Tax Map of the subject parcel and showing all property owners within 200 feet of the subject parcel and shall be accompanied by proof of mailing to all property owners within 200 feet. In addition, a detailed plot plan, drawn to scale and accurately dimensioned shall include the following information:
i. Property lines and physical dimensions of the applicant’s property.
ii. Location, dimensions and types of all existing structures on the property.
iii. Location of the proposed small wind energy system, foundations, guy anchors and equipment.
iv. Setback requirements pursuant to Article III and the minimum distance of 110% of system height
from property lines, power lines, public and private roads, right-of-ways, and/or easements.
And shall be accompanied by:
v. Copy of property deed.
vi. Tower foundation blueprints and/or drawings.
vii. Small wind energy system specifications, including manufacturer, model, color, rotor diameter,
tower height (100’), tower type, nameplate and generation capacity (100 KW or less).
viii. Small wind energy systems that will be connected to the power grid shall include a copy of the
application (notification) with its documentation submitted to their electric utility provider.
ix. The system’s sound level prepared by the wind generator’s manufacturer or qualified
engineer.
x. Electrical components in sufficient detail to allow for a determination that the manner of
installation conforms to the NY State Building Code.
xi. Evidence of compliance or non-applicability with Federal Aviation Administration.
xii. Acknowledgement that Building and Zoning Permits will expire if not built within one (1) year.
xiii. Standard Building and Zoning Permit Fees.
B. Standards:
1. The proposed Residential Small Wind Energy System shall comply with the following standards:
i. Setbacks: District setback requirements pursuant to Article III. In addition, the location must be
a minimum distance of 110% of system height from property lines, power lines, public and
private roads, right-of-way, and/or easements with the lower blade no closer than twenty-five
(25) feet from the ground.
ii. Guyed towers: Guy anchors must meet District setbacks requirements pursuant to Article III.
iii. Tower: These regulations apply to system heights of 100 feet. Systems taller than 100 feet May
apply for a Non-Conforming System Permit pursuant to paragraph D of this section.
iv. Sound Level: the level of sound emissions from the permitted wind generating equipment shall
not exceed 60 dBA at the property line and shall be governed by the Noise Control Law of
the Town of Jewett except for short term events [such as severe wind storms].
v. Signage: One (1) caution sign may be posted on the tower at a height of five (5) feet warning of
electrical shock or high voltage and harm from revolving machinery. No brand names, logo or
advertising shall be placed or painted on the sign, tower, rotor, generator or tail vane where it
would be visible from the ground, except that a system or tower’s manufacturer’s logo may be
displayed on the system generator housing in an unobtrusive manner. Any sign shall be
governed by the Sign Law of the Town of Jewett.
vi. Color: the color of the small wind energy system shall be painted a non-reflective, unobtrusive
color ranging from gray, off white to white.
vii. Code compliance: the small wind energy system shall be built to comply with all sections of the
New York State Building code and to standards of the industry for safety.
viii. Aviation: The small wind energy system shall be built to comply with all applicable Federal
Aviation Administration regulations including but not limited to 14 CFR, part 77, subpart B
Regarding installations close to airports, and any New York Aviation regulations.
ix. Visual Impacts: the system shall be designed and located in a manner to minimize adverse
visual impacts from public viewing areas (e.g., public parks, roads, trails). Any system that
would exceed the ridgeline must apply for a Non-conforming System Permit pursuant to
paragraph D of this section. The ridgeline is defined as the average height of the summertime
vegetation along the highest points of the mountains.
x. Lighting: A small wind energy system shall not be artificially lit unless such lighting is required
by the federal Aviation Administration (FAA). If lighting is required, the applicant shall provide
a copy of the FAA determination to establish the required markings and/or lights for the small
wind energy system.
C. Abandonment
1. At such time that a small wind energy system is scheduled to be abandoned or discontinued, the
applicant will notify the Town’s Zoning Enforcement Officer by Certified Mail of the proposed date
abandonment or discontinuation of operations.
2. Upon abandonment or discontinuation of use, the owner shall physically remove the small wind
energy system within ninety (90) days from the date of abandonment; however this period may
be extended at the request of the owner and at the discretion of the Zoning Enforcement Officer.
“Physically remove” shall include but not be limited to:
i. Removal of the wind system and related above ground structures, and
ii. Restoration of the location of the small wind energy system to its natural condition, except
that any landscaping, grading or below-grade foundation may remain in its same condition at
the initiation of abandonment.
3. In the event that an applicant fails to give the above-described notice, the system upon review by
the Zoning Enforcement Officer, shall be considered to be abandoned when it has not been used
for a period of twenty-four (24) months and the owner of the small wind system may be
issued a Notice of Abandonment. The owner shall have the right to respond within thirty
(30) days from the Notice date. After review of the information provided by the owner, the
Zoning Enforcement Officer shall determine if the small wind energy system has been
Abandoned. If it is determined that the system has not been abandoned, the Zoning Enforcement
Officer shall withdraw the Notice of Abandonment and notify the owner of the withdrawal.
4. If the owner fails to respond to the Notice of Abandonment or if after review by the Zoning
Enforcement Officer, it is determined that the small wind energy system has been abandoned
or discontinued, the owner of the small wind energy system shall remove said system at the
owner’s expense within three (3) months of the Notice of Abandonment. If the owner fails to
physically remove the small wind system after the Notice of Abandonment procedure, the
Zoning Enforcement Officer may pursue legal action to have the small wind energy system
removed at the owner’s expense.
D. Variance/Waiver.
1. Non-conforming system Permit: Where there are practical difficulties or unnecessary hardships
in the way of carrying out the strict letter of these regulation, the Zoning Board of Appeals
shall have the power to grant a Non-conforming System Permit regarding waivers in” the
setback requirements; tower height; color; and/or visual impacts. In addition, the Zoning Board
of Appeals may grant a Non-conforming System Permit allowing [1] a small wind energy system to
be located on an adjacent vacant lot owned by the same owner of the lot that has the principal
dwelling use on it; or [2] more than one small wind energy system on a lot with a principal
dwelling use, if after review the Board determines there is sufficient property for it and it meets all
other requirements. The Zoning Board of Appeals shall have the authority to impose such
reasonable conditions and restrictions consistent with the spirit and intent of the zoning law and
local law. Applications to the Zoning Board of Appeals shall be pursuant to Article VI, G of the
Zoning Law, as amended. In addition to those requirements, the applicant will notify all property
owners within 200 feet of the lot of the proposed system, by Certified Mail, of the date, time, and
purpose of the Public Hearing.
2. Pre-existing Systems: Small wind energy systems installed and operating at the enactment of
this local law may be continued however, Section C, Abandonment and Section A (2) modification
of existing systems must be complied with for all pre-existing small wind energy systems.
E. Violation; Separate Validity; Compliance
It is unlawful for any person, corporation, partnership or any legal entity to construct, install or operate a small wind energy system that is not in compliance with these regulations. There regulations are pursuant to Article X. Miscellaneous of the Zoning Law of the Town of Jewett.
3.2 Amending Article XI Definitions of the Zoning Law of the Town of Jewett - Article XI of the Zoning Law entitled “Definitions” is amended by adding the following definitions:
Residential Small Wind Energy Systems:
Meteorological Tower (met tower). Includes the tower, base plate, anchors, guy wire and hardware,
anemometers (wind speed indicators), wind direction vanes, booms to hold equipment for
anemometers and vanes, data loggers, instrument wiring and any telemetry devices that are used
to monitor or transmit wind speed and wind flow characteristics over a period of time for either
instantaneous wind information or to characterize the wind resources at a given location. For the
purpose of these regulation, met towers shall refer only to those whose purpose are to analyze the
environmental factors needed to assess the potential to install, construct or erect a small wind
energy system.
Modification. Any change to the small wind energy system that alters the size, type or location of the
small wind energy system. Like-kind replacements shall be permitted, however they are required to
file a building and zoning permit.
Power Grid. The transmission system created to balance the supply and demand of electricity for
Consumers in New York, and managed by either Central Hudson Gas and Electric or NYSEG.
Small Wind energy System. A wind energy conversion system consisting of: a wind turbine, a
tower, and associated control or conversion electronics, which has a rated capacity of not more
than 100 kilowatts (kW) and which is intended to primarily reduce on-site consumption of
utility power.
System Height. The vertical distance measured from ground level to the tip of the wind generator
Blade when it is at its highest point.
Tower. The monopole, guyed monopole or lattice structure that supports the wind generator.
Tower Height. The height measured above grade of the fixed portion of the tower, excluding the
wind generator.
Wind Generator. The blades and associated mechanical and electrical conversion components
mounted on top of the tower whose purpose is to convert kinetic energy of the wind into
rotational energy used to generate electricity.
Section 4: Effective Date
This Local Law shall take effect immediately upon filing in the office of the Secretary of State in
accordance with Municipal Home Rule Law 27.
Councilman McCrary made a motion, 2nd by Councilman Trach and carried accepting the minutes of the May 12, 2010 regular meeting.
The Supervisor’s May financial report was given to the Board prior to the meeting.
Councilman Trach made a motion, 2nd by Councilman McCrary and carried accepting monthly reports from the Building Inspector and the Zoning Officer.
Councilman McCrary made a motion, 2nd by Councilman Jacobs and carried adopting Resolution #13 entitled “Transfer of Funds from the Future of Jewett Account to Highway Fund” and reads:
“WHEREAS the Town of Jewett has purchased land on Butternut Lane in order to construct a safer intersection at Butternut Lane and County Route 17;
NOW, THEREFORE BE IT RESOLVED, that $2,480.00 be transferred from the Future of Jewett Account to the Highway Fund to cover the purchase of this property.”
ROLL CALL VOTE: AYE Muth, Jacobs, McCrary, Trach and Pelliteri.
Councilman Jacobs made a motion, 2nd by Councilman McCrary and carried adopting Resolution #14 entitled “Transfer of Funds from the Future of Jewett Account to General Fund” and reads:
“WHEREAS the Town of Jewett has contracted with General Code to transfer to CD all Town Board minutes and provide Binders and Books of all Laws;
NOW, THEREFORE BE IT RESOLVED, that $3,828.25 be transferred from the future of Jewett Account to the General Fund to cover the cost of the above.”
ROLL CALL VOTE: AYE Muth, Jacobs, McCrary, Trach and Pelliteri.
Councilman McCrary made a motion, 2nd by Councilman Pelliteri and carried adopting Resolution #15 entitled “Support Of The tour Of The Catskills Cycling Race” and reads:
“WHEREAS Anthem Sports is once again sponsoring the Tour of the Catskills Cycling Race to be held July 30, July 31 and August 1, 2010; and
WHEREAS promotion of the beauty of the Catskills through this race results in goodwill with those participants and their families; and
WHEREAS such events also provide an economic benefit to the mountaintop communities;
BE IT HEREBY RESOLVED, that the Town of Jewett joins with its neighbors in supporting this event.”
ROLL CALL VOTE: AYE Muth, Jacobs, McCrary, Trach and Pelliteri.
Councilman Jacobs made a motion, 2nd by Councilman Trach and carried accepting the April financial report. Bank statements were made available for review.
Councilman McCrary made a motion, 2nd by Councilman Trach and carried appointing Councilman Steve Jacobs an alternate represenative to Greene County Soil & Water.
Councilman Jacobs made a motion, 2nd by Councilman Trach and carried accepting the Supervisor’s April financial report. Bank statements were made available for review.
Councilman Jacobs made a motion, 2nd by Councilman McCrary and carried granting a noise variance to Greg Bell from July 16 to 18, 2010.
A Public Hearing is scheduled for the July 14th meeting on Local Law #6 of 2010. This Law is entitled “Code Adoption”.
Prior to the meeting bills were audited by all Board members and ordered paid. The general fund was $16,070.99on abstract #5, claim numbers 124 to 149. The highway fund was $9,728.14 on abstract #5, claim number 83 to 99.
Councilman McCrary made a motion, 2nd by Councilman Jacobs and carried to go into Executive Session at 8:23 P.M. to discuss the highway contract.
Councilman McCrary made a motion, 2nd by Councilman Trach and carried to come out of Executive Session at 9:52 P.M.
Councilman McCrary made a motion, 2nd by Councilman Jacobs and carried to adjourn at 9:53 P.M.
___________________________________
Patricia Merwin, Town Clerk/RMC
Special Meeting
JUNE 22, 2010
A special meeting of the Jewett Town Board was held on Tuesday, June 22, 2010. Supervisor Carol Muth called the meeting to order at 5:30 P.M. Present were Board members Steve Jacobs, Michael McCrary, James Pellitteri and William Trach, Attorney for the Town Tal G. Rappleyea and the town clerk.
Councilman McCrary made a motion, 2nd by Councilman Pellitteri and carried to go into Executive Session at 5:31 P.M. to discuss union negotiations.
Councilman McCrary made a motion, 2nd by Councilman Jacobs and carried to come out of Executive Session at 6:30 P.M.
The Board agreed as to what they will go back to the union negotiator with.
Councilman McCrary made a motion, 2nd by Councilman Pellitteri and carried to go into Executive Session at 6:32 P.M. to discuss a potential litigation issue.
Councilman Jacobs made a motion, 2nd by Councilman McCrary and carried to come out of Executive Session at 7:03 P.M.
The Board agreed to have the Building Inspector and Zoning Officer do an inspection.
Councilman McCrary made a motion, 2nd by Councilman Jacobs and carried to adjourn at 7:15 P.M.
_________________________________
Patricia Merwin, Town Clerk/RMC
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