| Town Board
AUGUST 10, 2011
A regular meeting of the Jewett Town Board was held on Wednesday, August 10. 2011. Supervisor Carol Muth called the meeting to order at 7:00 P.M. Present were Board members Steve Jacobs, Michael McCrary, Jim Pellitteri, William Trach, Superintendent of Highways Robert Mallory, Zoning Officer William Dwyer, ZBA secretary Ann Dwyer, highway employees Shawn Jaeger, Wayon McCullar, Philip Benjamin, Attorney for the Town Tal G. Rappleyea and the town clerk.
Minutes of the July 13, 2011 regular meeting were accepted on a motion by Councilman McCrary, 2nd by Councilman Jacobs and carried.
The Supervisor’s July financial report was given to the Board prior to the meeting and bank statements were reviewed after the Board did the audit of the vouchers.
Town wide clean up was scheduled for September 6 to 8. The cleanup is for metal and tires only.
Supervisor Muth thanked the highway department for sweeping Scribner Hollow and Merwin Street prior to the bike races held last weekend.
Councilman Jacobs made a motion, 2nd by Councilman Pellitteri and carried to accept the monthly report of the Building Inspector.
Councilman Jacobs made a motion, 2nd by Councilman Trach and carried to accept the monthly report of the Zoning Officer.
Councilman McCrary made a motion, 2nd by Councilman Pellitteri and carried giving approval for the Supervisor to sign a $10,000 escrow agreement between Scott and Andrea Bernstein and the Town of Jewett . The Bernstein’s have applied to the ZBA for a temporary variance which shall allow for the existing residence to remain during the period of construction of a new residence.
The lawsuit with the Matthews property has been resolved in the Town’s favor.
On a motion by Councilman McCrary, 2nd by Councilman Pellitteri and carried the Board approved payment of the bills.
The general fund was $7,474.07 on abstract #8, claim numbers 172 to 195. The highway fund was $140,872.51 on abstract #8, claim numbers 144 to 163.
Councilman Jacobs made a motion, 2nd by Councilman McCrary and carried to accept the June financial report.
On a motion by Councilman McCrary, 2nd by Councilman Trach and carried the Board went into executive session @ 8:42 P.M. to discuss a legal matter.
Councilman McCrary made a motion, 2nd by Councilman Pellitteri and carried to come out of executive session at 9:14 P.M.
Councilman McCrary made a motion, 2nd by Councilman Trach and carried to adjourn at 9:15 P.M.
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Patricia Merwin, Town Clerk/RMC
TOWN OF JEWETT
PLANNING BOARD
MINUTES
AUGUST 4, 2011
Agenda Item 1: The meeting was called to order at 7:00 pm.
Roll Call: Chair: Donna Bernard
Members: Gene Beers and Marianne Romito
Absent: Dan Emel and Joan Kutcher
Agenda Item 2: Approval of Minutes for July 7, 2011.
The approval of the minutes for July had to be tabled until the September meeting. Although the Planning Board had a quorum, Mr. Beers could not vote due to his absence last month.
Agenda Item 3: Lorraine and Russell Finazzo, 133 Windy Lane, Jewett, NY, seeking to opt out of a road maintenance agreement. Tax Nos. 111.00-30-32 and 111.00-30-33; Rural Residential Zoning District.
Benjamin Decker was in attendance to support the Finazzos' wish to opt out of the Road Maintenance Agreement. Ms. Bernard summed up the case presented to the Planning Board last month. Originally the property had been subdivided in 1989 with Lee Prince; this was prior to the adoption of Jewett's Zoning and Subdivision Laws. Lee Prince sold a parcel to the Finazzos who subdivided their property into three parcels in 2006, and sold one to the Spelmans. By then, the Zoning and Subdivision laws were in existence, and the Planning Board wished to bring this property up to its current law. To this end, a Road Maintenance Agreement was deemed a necessary part of the approval for the 2006 subdivision of the Finazzo property. The only property owners who signed the agreement were the Finazzos and the Spelmans. Item No. 10 of the existing Road Maintenance Agreement requires 80% (eighty percent) of the property owners who signed the original to agree to any of them opting out. As the case happens, all of the property owners have agreed to let the Finazzos opt out to complete their sale to the DEP.
Mr. Decker had appeared before the Planning Board last month, Ms. Bernard added, and his applications were all in accord with what the PB might require. She spoke to Mr. Rappleyea who reviewed the paperwork and gave his approval to release the Finazzos from their Road Maintenance Agreement via a resolution. Ms. Bernard read aloud the resolution she had drafted to the PB, and asked the membership for its approval. Mr. Beers had no objections, but Mrs. Romito wondered what would happen if the PB passed this and the remaining home owners had to come up with extra fees for maintaining the road. To clarify the answers, Ms. Laubmeier pulled up the AEJEE map to the overhead viewer, and the PB reviewed the property which lies to the mid of a cul-de-sac. The PB concluded that as in other private roads, the other property owners have probably already worked out a method between themselves for maintaining the road, and as their subdivision was approved prior to this road maintenance agreement, it was not part of this review.
Ms. Bernard called for a motion to accept the resolution and a Roll Call Vote. Mr. Beers motioned to accept the resolution as read, and Mrs. Romito seconded the motion. Ms. Bernard - aye; Mr. Beers – aye; Mr. Emel – absent; Mrs. Kutcher – absent; and Mrs. Romito – aye. The resolution to Opt-Out of the Road Maintenance Agreement passed by all members present.
The Planning Board discussed some of the ramifications of this decision, and Mr. Beers asked a very important question noted herein for future cases: Under similar circumstances involving Road Maintenance Agreements, would property owners who own more lots or more of the road frontage have a weightier portion of the vote?
Agenda Item 4: C.B. Slutsky/Sheepskin Hills, Inc. Sketch Plan Review for property located at Route 23C and Mallory Road (formerly known as Merwin Road), Tax Map No. 131.00-1-17 and 19. Zoning Districts: Rural Residential and Rural Conservation. Total acreage 377. Proposed size after subdivision will be two parcels of 117 and 250 acres.
Steve Pauli from Brooks & Brooks was present to represent Mr. Slutsky tonight. He said this is basically a proposed lot reconfiguration. Lot One will be one hundred and seventeen (117) acres and Lot Two will be two hundred and fifty (250) acres. Lot Two will be sold to the Farber Farm, who lease it now and will continue to farm it. Lot One will be retained by Sheepskin Hills, Inc. with Mr. David Slutsky's house. There are new property lines dividing the two lots from the centerline of the road continuing along an existing lot line, and then alongside a small creek. Part of Lot One falls within Tax Map 131.00-1-19. There is another new lot line involving ten (10) acres, since Sheepskin Hills, Inc. is conveying two hundred and fifty (250) acres, not two hundred and sixty (260) acres. Mr. Pauli brought along an aerial map to illustrate this, and the Planning Board was impressed at the enhanced view of the property.
Mr. Pauli wondered if the PB would provide him a waiver for the septic system design required by the DEP? Mr. Beers answered that the PB has a stamp for the design drawing that reads no building will be permitted without a septic design approval by the DEP. Mr. Pauli then asked whether he should proceed forward with this application under a Boundary Lot Line Adjustment? Ms. Bernard wants to pose that question to Town Attorney Rappleyea as to proper procedure. The Planning Board has used the Boundary Lot Line Adjustment before at its own discretion, but believes the original intention of that law was to adjust small increments of acreage, and nothing as large as ten (10) acres. Mr. Beers wondered if the PB could make the two hundred and fifty (250) acres part of its Agricultural District; the area is not showing up on the Agricultural District recorded on the 2009 AEJEE map.
Mr. Pauli asked the Planning Board if he had everything ready to move forward to a Public Hearing? Ms. Bernard replied that the PB needs to approve the Sketch Plan. Also, it cannot move forward until it the DEP approves the SEQRA. Mr. Beers noted that because of its involvement of the Agricultural District, the case cannot move forward until a County Review by the Greene County Planning Board, which meets on the third Wednesday of each month. However, Mr. Diamonte will review material received only seventy-two (72) hours before the meeting. The PB will try to accommodate the time lapse for Mr. Pauli.
Mr. Pauli expressed a concern that one of the new lot lines needs to accommodate an 1850's structure. Although it is grandfathered, he has tried to maintain the setback of seventy five feet (75'). Mr. Beers reviewed the map and suggested that if Mr. Pauli redraw his line over toward the rocky creek he could make the change without being affected by the structure.
Ms. Bernard called for a motion to declare this a minor subdivision and approve the Jewett Planning Board as Lead Agency for the SEQRA. Mr. Beers so moved, and Mrs. Romito seconded the motion. It was approved by all present members. The Planning Board reviewed the short form SEQRA, and Mr. Beers noted that the Farber Farm has worked with the watershed since early in its inception. Ms. Bernard read the SEQRA aloud before the PB, which gave it a Negative Declaration. Mrs. Romito made the motion to accept the SEQRA and the Negative Declaration of the SEQRA and Mr. Beers seconded the motion. The motion was subject to a Roll Call Vote: Ms. Bernard - aye; Mr. Beers – aye; Mr. Emel – absent; Mrs. Kutcher – absent; and Mrs. Romito – aye. The motion carried among all present.
Ms. Bernard promised to pursue communication with Mr. Rappleyea and will get back to Mr. Pauli if anything changes. The Sketch Plan Application is not complete. Questions remain about the boundary line adjustment to be resolved next month.
Agenda Item 5: Brett Hogan, 610 Round Hill Road, Jewett, NY. Site Plan Review for a septic system. Tax Map No. 113.00-3-8; Zoning District: Rural Conservation.
Mr. Hogan was represented tonight by Scott Lane. The Planning Board told Mr. Lane that Mr. Hogan had been in litigation with the Town of Jewett. Mr. Lane said he knew nothing about that; he has been hired by Mr. Hogan solely to design a septic system that would upgrade the current one, which was approved in the 1990's when the DEP was being started. The existing septic system was installed in 1998; the survey of that time was done by Mr. Higgins. This project has already received septic design approval through the DEP in a letter citing several conditions. There is no failure in the current system. This will be an additional septic system for the seven bedroom house, isolating it from the current septic system nearer to the garage. The PB reviewed the arial map and Ms. Bernard said those were the questions the PB would have had.
Mr. Rappleyea advised the Planning Board to obtain escrow funds of $2,000 from Mr. Hogan against potential legal expenses and consultant's fees. Ms. Bernard gave Mr. Lane an escrow agreement and advised him to have Mr. Hogan sign it and make an appointment with Mrs. Muth who along with Mr. Rappleyea will be reviewing the project.
The Planning Board reviewed the conditions of the DEP approval letter. The septic system must be completed in accordance with an engineering plan, and the project started within two years or the approval expires, and a new application be sought. Other specified conditions set forth delineate conformation with the system design as engineered and expectations of maintaining said system. The process of this Site Plan is key to the settlement of Mr. Hogan's lawsuit with the town.
Ms. Bernard said the Planning Board has everything it required tonight with the exception of the escrow check. Therefore, she called for a motion to accept the Site Plan Review. Mr. Beers agreed that all the applications looked proper, and so he made the motion, seconded by Mrs. Romito, and carried by all present. The PB reviewed the short form SEQRA.
Mrs. Romito made the motion to declare the Town of Jewett as Lead Agency in the SEQRA, to accept the SEQRA, and to give it a Negative Declaration. Mr. Beers seconded the motion, which was subjected to a Roll Call Vote: Ms. Bernard – aye; Mr. Beers – aye; Mr. Emel – absent; Mrs. Kutcher – absent; and Mrs. Romito – aye. The motion carried by all present. Ms. Bernard summarized that the PB's part of this job was completed and asked Ms. Laubmeier to leave pertinent papers on Mrs. Muth's desk for Mr. Rappleyea's review once the escrow is received.
Agenda Item 6: Report from Greene County Planning Board Representative Gene Beers.
Mr. Beers reported that Mudge's Gun Shop had moved from Jewett into Prattsville, in the Town of Durham an existing nursery seeks expansion, and some folks are creating a restaurant in Hunter at the old Lowe's Law Office and is to be named Cosmic Charlie's.
Mr. Beers said that he may not be in attendance at the September 1, 2011 meeting. Ms. Bernard commented we need to be certain Mr. Emel and Mrs. Kutcher will be in attendance for quorum.
Agenda Item 7: Other Business
Ms. Bernard has written the letter of support requested back in the early spring by Michelle Yost from local towns in support of hiring a full time Soil and Water Technician. The need for the letter was delayed while Ms. Yost sought more grant funding, but she is ready again.
The Planning Board received a letter from Mr. Greg Lubow. He is representing Blondie Realty Corp., who is fighting an adverse possession claim by Robert and Ann Huetter at SBL 146.00-2-4. The settlement required that the Huetters be given 15 acres of the 60 acre parcel owned by Blondie. Mr. Lubow has requested the PB consider granting them a Boundary Lot Line Adjustment as a method less costly than going through the process of a Minor Subdivision, and wishes to be placed on the agenda for the September 1, 2011 meeting.
The motion to adjourn the meeting was made by Mr. Beers, seconded by Mrs. Romito, and carried among all present. The meeting adjourned at 9:12 pm. The next meeting of the Planning Board will be held September 1, 2011 at 7 pm.
Respectfully,
Susan Laubmeier, Clerk
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Donna Bernard, Chair
Zoning Board Minutes
The meeting opened at 7:01 pm.
Agenda Item 1: ROLL CALL: Russ Coloton, Chair
Members: Ann Dwyer, Charles Kutcher, Karen White, Kathleen Williams
Agenda Item 2: PUBLIC HEARING on Application for Area Variance for Ed Cachianes and Chris Cade of 10420 Route 23A, Jewett, NY; Tax Map # 128.00-7-3: Rural Residential. Present: Ed Cachianes
Mr. Kutcher made the motion to open the Public Hearing. Mrs. Williams seconded the motion. The vote was unanimous and the hearing opened at 7:02 pm. Mrs. Dwyer received the certified mail receipts and the certification of sign posting and stated that she had seen the sign posted as required. Mrs. Dwyer stated that there was no correspondence received about this hearing. Mr. Coloton called for comments from the public. There were none. Ms. White made the motion to close the hearing. Mrs. Williams seconded the motion. The vote was unanimous and the hearing closed at 7:04 pm.
Agenda Item 3: PUBLIC HEARING on Application for Temporary Use Variance for Andrea and Scott Bernstein of 60 Cloos Road, Jewett, NY; Tax Map # 146.00-1-26.12; Rural Conservation. Present: Attorney Larry Gardner.
Mrs. Williams made the motion to open the Public Hearing. Mr. Kutcher seconded the motion. The vote was unanimous and the hearing opened at 7:05 pm. Mrs. Dwyer received the certified mail receipts and the certification of sign posting and stated that she had seen the sign posted as required. Mrs. Dwyer stated that there was no correspondence received about this hearing. Mr. Coloton called for comments from the public. There were none. Mr. Kutcher made the motion to close the hearing. Mrs. Williams seconded the motion. The vote was unanimous and the hearing closed at 7:06 pm.
The regular meeting opened at 7:06 pm
Agenda Item 4: Approval of Minutes of December 1, 2010 and July 6, 2011
- December minutes: Mr. Coloton made the motion to approve the minutes. Mrs. Williams seconded the motion. The vote was three ayes with Mr. Kutcher and Ms. White abstaining and the motion carried.
- July minutes: Mr. Kutcher made the motion to approve the minutes. Ms. White seconded the motion. The vote was four ayes with Ms. Williams abstaining and the motion carried.
Agenda Item 5: Application for Area Variance for Ed Cachianes and Chris Cade of 10420 Route 23A, Jewett, NY; Tax Map # 128.00-7-3: Rural Residential. Present: Ed Cachianes
Mr. Cachianes submitted further pictures of the property along with a survey. Members reviewed the application, the survey and the documentation submitted. Based on the survey, the pre-existing side yard is 29.5 feet and the proposed addition would be 20.5 feet from the side lot line. Mr. Cachianes is requesting an additional 8 foot variance in the side yard. He has stated that finances are a factor; the concrete slab is a factor; and the pipe which can be located through the crawl space basement to the new kitchen. Mr. Coloton read the hardship request letter. Members determined that the action would not produce an undesirable change in the character of the neighborhood; the variance requested is not substantial; there would be no adverse impact on the environmental conditions; the difficulty was partially self created by the house addition on a concrete slab a number of years ago; there would be no impact on government services; and based on the location of the two large trees in the front of the house, the location of the dining room, the prior year addition on a concrete slab members determined there is no other option available that is feasible for the applicant. Mr. Coloton made the motion to grant the area variance as requested. Mrs. William seconded the motion. ROLL CALL VOTE: MR. COLOTON – AYE; MRS. WILLIAMS – AYE; MS. WHITE – AYE; MR. KUTCHER – AYE; MRS. DWYER – AYE. The motion to grant was unanimous.
Agenda Item 6: Application for Temporary Use Variance for Andrea and Scott Bernstein of 60 Cloos Road, Jewett, NY; Tax Map # 146.00-1-26.12; Rural Conservation. Present: Attorney Larry Gardner.
Mr. Bernstein is requesting a temporary use variance in order to build a one family house while keeping the existing house during construction. Mr. Gardner submitted the escrow agreement the Board requested. He stated that Mr. Rappleyea, Town Attorney, reviewed and approved the agreement. He requested the ZBA Secretary submit the agreement to the Town Board and return one copy when the supervisor signs it. He stated that he is holding the funds in his escrow account and will transmit them to Mr. Rappleyea as soon as the agreement is signed and the Building Permit is approved. He confirmed that April 1, 2013 is the latest date that the present house will be removed from the property. Members read the agreement. Members had reviewed the use variance requirements at the July 6th meeting and found no changes in the determination made. Mr. Coloton made the motion to grant a temporary use variance with the parameters agreed to by the Bernsteins; Mr. Gardner and the Town of Jewett Attorney Mr. Rappleyea as stated in the submitted escrow agreement. Mr. Kutcher seconded the motion. ROLL CALL VOTE: MR. COLOTON – AYE; MRS. WILLIAMS – AYE; MS. WHITE – AYE; MR. KUTCHER – AYE; MRS. DWYER – AYE. The motion to grant was unanimous.
Agenda Item 7: Application for Area Variance for Marc Ullrich of 105 Ford Hill Road, Jewett, NY; Tax Map # 147.00-1-15.111; Rural Conservation. Present: Marc Ullrich
Mr. Ullrich has a pre-existing non-conforming lot and is requesting a variance for the location of a 10 by 20 shed. Mr. Ullrich submitted the map describing the right of way to the property. He stated the rear of the property is a slight downgrade and is a wetland that contains a seasonal creek. The west side of the lot is less than 50 feet and the east side is 60 feet. The septic system is located approximately at 45 feet on the east side. NYC DEP property is to the west side. This lot is undersized and the shed cannot fit within the yard requirements. By the actual measurements he is requesting a 20 foot variance to locate the shed 30 feet from the side line and 10 feet from the deck. He needs access to his driveway and would like to get his snow-blower out of the living room. Mr. Coloton read the hardship letter to the members. After review of the application and documentation submitted, Mr. Coloton made the motion to accept the application as complete and to schedule the public hearing for September 7, 2011 at 7:00 pm. Mrs. Williams seconded the motion. The vote was unanimous and the motion carried. Mrs. Dwyer provided the hearing sign and instructed the applicant where and when to post the sign and to send the certified notices to his neighbors.
Agenda Item 8: Other Business:
- Training - Mrs. Dwyer stated the Town Board has not yet determined if the Better Site Design Workshop qualifies as required training and will get back to the members when a decision is made.
- ID Badges – Mrs. Dwyer reminded members that they should get their badges soon.
There being no other business, Mr. Kutcher made the motion to close the meeting. Mrs. Williams seconded the motion. The vote was unanimous. The meeting ended at 8:30 pm.
Respectfully submitted,
Ann Dwyer
Secretary
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Accepted
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