| Town Board
AUGUST 12, 2009
A regular meeting of the Jewett Town Board was held on Wednesday, August 12, 2009. Supervisor Michael Flaherty called the meeting to order at 7 P.M. Present were Board members Steve Jacobs, Michael McCrary and Elaine Warfield. Absent was Board member JR Quackenbush.
Also present was Superintendent of Highways Robert Mallory, Attorney for the Town Tal G. Rappleyea, Larry Gardner, Esq., Werner Pscherer, Lee Gazoorian, newspaper reporter Mike Ryan and the town clerk.
Councilman McCrary made a motion, 2nd by Councilwoman Warfield and carried accepting the minutes of the July 8, 2009 regular meeting.
The Supervisor’s monthly financial report was given to the Board prior to the meeting.
Under courtesy of the floor:
Mr. Gardner requested clarification. “What is the Town of Jewett’s position on the situation where someone’s acquired parcels of land, adjacent parcels of land, at different times and different transactions and then suddenly their parcels have been combined on the tax roll without any kind of consolidation deed? If they later wanted to sell one and retain the other would the Town of Jewett allow them to do that or would they require they go through a subdivision?”
Councilman McCrary made a motion, 2nd by Councilwoman Warfield and carried stating “that although the lots have been combined for purposes of the tax map, the two lots have separate deed book entries; therefore given the explanation by Mr. Gardner the Town Board sees no objection to considering these two (2) parcels to once again be two (2) separate parcels.”
Superintendent Mallory reported the Town has received $56,043 from FEMA for the storms in December of 2008.
The following roads have been paved; Deming Road, Koss Road, Mill Hollow Road, Spruce Drive and Olander Road.
Supervisor Flaherty informed the Board that the pellet stoves will be installed by Gem Wood Stoves tomorrow the 13th, one in the meeting room in the Municipal Building and the other in the highway garage.
Councilwoman Warfield thought the Town’s insurance company should be notified and asked the Supervisor to do this.
Supervisor Flaherty asked Mr. Mallory “Did you file a permit on your outside wood boiler?”
Superintendent Mallory replied “Absolutely not. What I remember was when we were passing a law I was told I was grandfathered, but if I have to file for one I’d be happy to. I don’t think anyone’s filed a permit for an outside wood stove.”
Supervisor Flaherty asked Board members McCrary and Warfield to check this item with the Building Inspector.
The Town wide pick up is scheduled for September 8th to 10th for metal and tires only. The Supervisor has contracted for containers to be brought in.
The audit committee of Councilman Jacobs and Councilwoman Warfield audited the bills prior to the meeting. Councilwoman Warfield made a motion to accept the audit. Councilman Jacobs 2nd the motion and board members voted Aye.
The general fund was $21,761.76 on abstract #8, claim numbers 194 to 226. The highway fund was $230,281.17 on abstract #8, claim numbers 111 to 138.
Councilman McCrary made a motion, 2nd by Councilwoman Warfield and carried to accept the Supervisor’s June financial statement.
The Ethics/Policy committee is Board members McCrary and Warfield.
Under the energy audit an electrician has replaced the light bulbs and ballasts in the Municipal Building and will be changing them in the highway garage next week. The Superintendent was asked to look into replacing a garage door in the highway building.
Supervisor Flaherty made a motion, 2nd by Councilman McCrary and carried reappointing Janet Nicholls to the Board of Assessment Review for a five year term to end in September of 2014.
Supervisor Flaherty made a motion, 2nd by Councilman McCrary and carried to adopt Resolution #17. This resolution is an amendment to the highway budget and reads:
“WHEREAS, the Town has purchased a new pick-up truck and a new plow truck, and
WHEREAS, the Town has received Insurance funds and FEMA funds,
NOW, THEREFORE, be it resolved that the Highway Budget should be amended as follows to pay for the above vehicles:
REVENUES: DA2680 Insurance Recoveries $ 14,182.60
DA4960 FEMA 56,043.00
DA5031 Transfer from Cap. Proj. 114,225.77
TOTAL $ 184,451.37
EXPENDITURES: DA5130.2 Purchase of Pick-up Truck $ 26,000.00
DA5130.2 Purchase of Plow Truck 110,351.37
DA5130.2 Outfitting of Plow Truck 48,100.00
TOTAL 184,451.37”
ROLL CALL VOTE: Aye Flaherty, Jacobs, McCrary and Warfield.
Superintendent Mallory asked to have any surplus monies placed in the Capital Project Fund.
Supervisor Flaherty made a motion, 2nd by Councilman Jacobs and carried to adopt Resolution #18.
This resolution is an amendment to the general fund budget and reads:
“WHEREAS, the Town has had a new roof installed on the Highway Garage, and
WHEREAS, as a result of the energy Audit, the fluorescent lights in the Town House will be upgraded and installation will be installed around pipes coming in the building, and
WHEREAS, the Town has funds in the “Loan Repayment” fund (A231),
NOW, THEREFORE, be it resolved that $15,700 be withdrawn from the “Loan Repayment” CD and the General Budget should be amended as follows:
REVENUES: A2770 Unclassified (Intrafund Trf.) $ 15,700.00
EXPENDITURES: A5132.4 Garage (Garage Roof) $ 12,000.00
A1620.4 Buildings (Energy Audit Upgrades) 3,700.00
TOTAL 15,700.00”
ROLL CALL VOTE: Aye Flaherty, Jacobs, McCrary and Warfield.
Supervisor Flaherty made a motion, 2nd by Councilman Jacobs and carried to adopt Resolution #19. This resolution is a speed limit reduction on Ford Hill Road and reads:
“WHEREAS, the Town requested a speed limit study be conducted on Ford Hill Road on Resolution #17 dated August 13, 2008, and
WHEREAS, the request was processed and the State DOT determined the speed limit should be posted at 45 MPH, and
WHEREAS, residents and drivers using Ford Hill Road have protested saying the present speed limit of 45 MPH is too fast for this rural, curvy and hilly road and have complained to the Town about the high speed,
THEREFORE, BE IT RESOLVED, the Town is requesting the State DOT do a reexamination of their determination and consider lowering the speed limit on Ford Hill Road.”
ROLL CALL VOTE: Aye Flaherty, Jacobs, McCrary and Warfield.
Supervisor Flaherty made a motion, 2nd by Councilman Jacobs and carried to adjourn at 7:55 P.M.
____________________________________
Patricia Merwin, Town Clerk/RMC
Planning Board Minutes
TOWN OF JEWETT
PLANNING BOARD
MINUTES
AUGUST 6, 2009
Agenda Item 1: The meeting was called to order at 7:00 pm.
Roll Call: Acting Chair: Joan Kutcher
Members: Gene Beers, Carol Muth, Janet Nicholls; Donna Bernard - absent
Agenda Item 2: Approval of Minutes for July 2, 2009.
Mr. Beers motioned to accept the minutes as complete; Mrs. Muth seconded the motion, and it carried by all present at last month's meeting.
Agenda Item 3: Victor and Carole Tortoreci and Marianne Romito Application for Boundary Line Adjustment for property at 273 Colgate Lake Road, East Jewett, NY. Tax Map Nos. 150.00-1-7.111 and 150.00-1-7.2 respectively; Zoning District: Rural Residential.
Neither Mr. Tortoreci nor Mrs. Romito was present. Mrs. Muth said that the Planning Board needs a deed description of Mrs. Romito's parcel. There should be an original deed description from each applicant, plus a deed description with the new boundaries. Mr. Tortoreci has provided those, and was asked last week to provide a new survey reflecting everything requested on the application. The PB discussed whether Mrs. Romito would also need a survey, but thought she could use the older one to save expense as long as all requirements from the application were met. Ms. Laubmeier is to send both parties a letter asking Mrs. Romito for her deed descriptions.
Agenda Item 4: Mr. Larry Gardner for Von Aweydon, LLC of Acorn Drive, Jewett, NY; Application for Subdivision Sketch Plan Review, Tax Map No. 112.00-03-81.; Zoning Districts: Rural Residential. The original 133.97 acres are to be subdivided into four parcels of 3.995 acres, 4.852 acres, 6.708 acres, and 119.731 acres.
Mr. Gardner was in attendance with survey maps created by Thew Associates of Utica, NY, a group retained by the DEP as part of the Catskill Watershed project. The maps, superior in detail to many surveys received by the Planning Board, were much appreciated, because a frequent reason for delays in application processing has been incomplete information on survey maps. Mr. Lars Peters of Von Aweydon, LLC has presented the PB with a new Application for Subdivision Sketch Plan Review. The larger parcel has previously been before the PB. It has already been subdivided, making this application a resubdivision of a subdivision.
Mr. Gardner described the parcels presented on the new maps he unfolded before the Planning Board. He said that parcel #1 has a pre-existing house with a Certificate of Occupancy (COO), its own road frontage, its own driveway just off of Acorn Drive and remains independent of the rest of the parcels. It sits on approximately four (4) acres. Parcel #2 also has its own road frontage and a driveway exiting on to Acorn Drive independent of the other parcels. Parcel #3 lacks road frontage. Its access is created by a right of way twenty-five feet (25') on each side of the boundary line separating the two lots. Parcel #4 spans eight-hundred feet (800') of road frontage on to Route 296.
The Planning Board asked Mr. Gardner whether the right of way for parcel #3 couldn't be deeded as part of that parcel to make the parcel more saleable. With the one hundred and thirty five (135) acre parcel #4 under contract to the DEP, the PB foresaw possible road maintenance concerns with NYC deeded part of that right of way. Mr. Gardner disagreed; he said that with all parcels having independent driveways, no one will be asked to help maintain anything. The DEP's parcel has its own frontage on Route 296 should they need drive-in access, and he expects they would want walk-in access via this right of way to parcel #3. #3 is a flag lot parcel; the PB firmly believes there are no perks to ownership of a flag lot parcel without ownership of the driveway. Mr. Gardner asked whether the Planning Board required a deeded driveway instead of a right of way. The PB recommends that this right of way become a deeded driveway as part of parcel #3. Mrs. Kutcher explained to Mr. Gardner that the PB is seeking to be proactive into the future by solving foreseeable difficulties before they arise. Mr. Gardner said this project could legally work either way. The PB agreed, but prefers the deeded driveway to avoid potential problems. Mrs. Muth stated that sometimes the neighbors one gets create problems no one wants. The land under question is fairly level for putting in a driveway, and no parcels need to be reduced in size to make it workable.
Mrs. Kutcher asked whether anyone foresaw any problems with approving this application. Mr. Beers reintroduced the question that has arisen on previous cases with this applicant before the Planning Board: Is this action a resubdivision of a previously existing subdivision? He reminded the PB that this was formerly a minor subdivision and that last year it became a major subdivision once it grew past a fourth parcel. Ms. Laubmeier located the earlier files, while the PB discussed previous applications concerning this property.
On June 24, 2004 Von Aweydon LLC was approved for a three lot subdivision. Mr. Beers said that originally created four lots, and Mr. Peters had wanted more, but without the expense of the road into the back lots required by the Planning Board. At one point, Mr. Rappleyea advised the PB not to move forward on this case until Mr. Peters paid the fees owed the town on the consultation work done by Lamont Engineers for his subdivision project. The fees were eventually paid up and Mr. Peters had submitted a new application for his change of plans. Reviewing details from last year's minutes, the PB noted that Sandra Peterson of Kaaterskill Engineering had promised a letter from Mr. Peters stating his intention to drop his large project in order to begin again with a smaller one. That letter was never received. Ms. Laubmeier had assembled the existing data from the minutes concerning Mr. Peters and Von Aweydon LLC into one document for Mrs. Bostrom; she copied this for Mr. Gardner.
The Planning Board found that Mr. Beers' question raised more questions than it answered. Mr. Beers summarized that with the creation of the original four lots, the same criteria still applies: This is a resubdivision of a subdivision, the 2008 discussion that this is a major subdivision, and the decided issue of the fees for a major subdivision. Mrs. Muth questioned whether the matter of the roadway now reapplies to parcel #3 although with parcel #4 it is no longer an issue. Mr. Beers thought that only applied if more than one party needed to access the rear property from that driveway. Roads have a minimum right of way of 50' (fifty–feet) and sufficient land has been drafted for that intention. Because the PB has a lot to review, nothing on this application was decided tonight.
Mr. Gardner asked to be on the agenda for September 3, 2009.
Agenda Item 5: Report from Greene County Planning Board Representative Gene Beers.
Mr. Beers reported that he didn't make the meeting, and so had nothing to report.
Agenda Item 6: Report from Town Board liaison J.R. Quackenbush.
Mr. Quackenbush was not present tonight.
Agenda Item 9: Other Business: Windmill for Mr. Don Miller.
Mr. Donald Miller was present tonight with Mr. and Mrs. Abrams from Green in Greene, a small proactive natural energy company. The Abrams have been working for a year with the Town Board to establish a wind mill on Mr. Miller's land. Mr. Flaherty, Town Supervisor, was also in attendance.
Ms. Laubmeier passed out information on windmills provided by Ms. Bernard who could not be here tonight. One article pertained to the patterns of migratory birds and bats in areas of wind turbines. Mrs. Abrams commented that the migratory birds at the Mojave Desert site had learned to fly around the turbines, adding this does not apply in this case because they are dealing with small fifty-foot (50') windmills designed for personal use, not industrial wind turbines.
Mrs. Kutcher asked the Abrams to provide any documentation they have to help the Planning Board and the Town Board with the information gathering process to draft laws concerning the safety of wind mills. Because of other pressing concerns, these laws have not been drafted yet. They gave the PB their business literature and a copy of the windmill laws for the Town of Cairo. Mrs. Kutcher asked them about their proposal and its location, et cetera. They said the information had all been previously submitted to the Town Board a year ago. Mrs. Kutcher asked whether they had seen the Building Inspector. They said they had submitted the papers to the relevant people: the Town Board, the Building Inspector, and the PB. Mrs. Kutcher replied they are before the PB for the first time tonight and the PB has not received those papers. If the papers have been lost or misdirected, they need to be located for PB review.
Because there is no law yet in place in the Town of Jewett regarding windmills, discussion arose of appropriate procedural process. Mrs. Abrams voiced her concerns that towns treat this issue fairly so that small independent people can consider environmentally friendly alternatives to big business energy strategies. She has appeared before the Planning Boards of other towns to assist with developing these laws. Mr. Abrams said that most towns consider a special variance on the height regulation, and wondered if this PB would consider that alternative. Mrs. Kutcher said Jewett had other concerns than that - such as safety and setback requirements.
Mrs. Kutcher read aloud from the Height Restriction on page 10-11 of the Town Law which states, "No building or structure shall have a height greater than 35' (thirty-five feet) or more than three stories, whichever is of less height, other than as specified below: a. architectural projections and essential mechanical appurtenances (can include spires, flagpoles, belfries, cupolas, domes, flues and chimneys) and b. Transmission lines, utility poles and farm buildings, including barns and silos." Mr. Abrams summarized a windmill as a flagpole with a pinwheel on top and suggested he needs a variance for a flagpole. Mrs. Kutcher said the Planning Board has a system it functions within and is trying to determine who has jurisdiction within it. Mr. Beers said the PB has no regulations pertaining to this topic except on the height, and that the ZBA would provide the variance.
Mrs. Kutcher said the Planning Board wishes to have safety criteria prior to approving such action. Mrs. Muth said the PB has no basis to deny them from putting up their windmill, but Mrs. Kutcher reminded them to be aware that to prevent private citizens from putting up windmills in a careless way, the town does have a right to put a moratorium in place. Mrs. Muth and Mrs. Kutcher both emphasized that the Abrams from their professional position could be of tremendous help to the Town's enactment of appropriate windmill laws. Mrs. Kutcher said that Ms. Bernard had been doing considerable research into this topic and perhaps they would communicate with her on the regulations.
Mrs. Kutcher asked about windmills designed for rooftops. Mr. Abrams said that old buildings were not designed to support the torque of the windmills. However, for use in cities and such areas buildings are now in design to resolve these problems.
Mrs. Kutcher said that the Abrams had been of assistance to the Planning Board. She asked Mr. Flaherty to address the issue. He said that often a Site Plan is required in other towns. He had assumed the Town would have more information and worked out the draft of a law by now. The problem is that as yet there is no law to tell us how to proceed. Mrs. Kutcher asked Ms. Laubmeier to get copies of the Site Plan Review application and the Cell Tower Application to review as these might be pertinent also in this case.
The Planning Board discussed the procedural process. Mr. Abrams said that typically he applies to a town's Building Inspector, that application gets denied. It then goes to the Planning Board, where it also gets denied, and the PB then sends him to the Zoning Board of Appeals to approve a variance. Upon approval he puts up his windmill. Some towns go by total height and some towns go by tower height. Mr. Abrams said that the pole height is fifty-feet (50') plus six-feet (6') high for the windmill. Mrs. Kutcher summarized he would need a Building Permit for the Building Inspector, a Site Plan Review for the PB who will regard this windmill under the category of a flagpole/mechanical utility pole, and then he will be sent to the Zoning Board of Appeals for a Variance. Mr. Beers reminded Mr. Flaherty that if an application appears before the Building Inspector, he has a forty five day window to approve or deny it. Therefore, with all of these applications that have been submitted and lost, there are windows of time that may have been missed.
The applications need to be located. Mrs. Kutcher promised to have an answer by next week when she could contact the Building Inspector, and answered the Abrams' frustration by summarizing the efforts of the Town of Jewett to move forward in drafting a windmill law.
After the Abrams left, Mr. Flaherty and Mrs. Kutcher planned the formation of a committee of members from both the Planning Board and Town Board to work together drafting a windmill law. Mr. Flaherty suggested Ms. Bernard as a point person, and Mrs. Kutcher said Mr. Kutcher would represent the Zoning Board of Appeals. They both hope Mr. Quackenbush will choose to represent the Town Board.
Among issues to consider are the neighbor factor, safety concerns, the need to address both non-commercial, or small, personal wind energy separately from commercial, large industrialized wind turbines, and whether these concerns fit within the Town of Jewett's Master Plan.
The motion to adjourn the meeting was made by Mr. Beers, seconded by Mrs. Muth, and carried by all present. The meeting adjourned at 8:30 pm.
Respectfully,
Susan Laubmeier, Clerk
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Joan Kutcher, Acting Chair
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