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Town Board Minutes |
| Town Board SEPTEMBER 9, 2009 A regular meeting of the Jewett Town Board was held on Wednesday, September 9, 2009. The meeting was opened by Supervisor Michael Flaherty at 7 P.M. Present were Board members Steve Jacobs, Michael McCrary, JR Quackenbush and Elaine Warfield. The pledge to the flag and a moment of silence were observed before the September 11 monument. Councilman Quackenbush made a motion, 2nd by Councilwoman Warfield and carried accepting the minutes of the August 12, 2009 regular Board meeting. The Supervisor’s monthly financial report was given to the Board prior to the meeting. A written monthly report was received from the Building Inspector. The Zoning Office gave his monthly written report. Councilman McCrary made a motion, 2nd by Councilman Quackenbush and carried approving Planning Board Secretary Susan Laubmeier receive in her salary an extra $125 per month for September, October, November and December. Ms. Laubmeier has taken on the extra work load since the former Chairwoman Jane Bostrom passed away. The audit committee of Board members Jacobs and Warfield audited the bills prior to the meeting. Councilman Quackenbush made a motion, 2nd by Councilman McCrary and carried accepting the Supervisor’s July financial report. Bank statements were made available for review. A joint committee to discuss a law for wind turbines will be made up of selected Planning Board members, ZBA members and Town Board members McCrary and Quackenbush. Councilman McCrary made a motion, 2nd by Councilman Quackenbush and carried adopting Resolutions #20. This resolution is to impose a six (6) month moratorium on wind turbines and reads” A Public Hearing on Local Law #4 is scheduled for October 14, 2009 at the regular monthly meeting. The late Planning Board Chairwoman Jane Bostrom named the Town as a beneficiary in her will. The amount is not known yet but it will be 5% of the residuary estate for the enhancement and maintenance of the natural beauty of the Town. Supervisor Flaherty made a motion, 2nd by Councilman McCrary and carried adopting Resolution #21. This resolution is an Amendment to General Fund and rescinds and replaces resolution #19 of August 12, 2009. The resolution reads: The Supervisor was asked to find out if the Town is responsible for putting in the slab for the outdoor grass pellet stove in the highway garage. The price for the slab should not exceed $500. Budget workshops are scheduled for September 21, 2009 at 6 P.M. and October 16, 2009 at 6 P.M. in the Municipal Building. Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried adopting Resolution #22. This resolution “Establishes Standard Workdays for Elected and Appointed Officials” and rescinds, updates and replaces Resolution #10 of June 11, 1997. The resolution reads: The DEP is doing the following land acquisition projects in the Town. DEP is looking at +/- 28.5 acres on Mallory Road, +/- 22.8 acres on Barnum Road and +/- 143.0 acres on Round Hills Road and County Route 40. The NYSERTA grant application on wind turbines is being worked on and although the Board hasn’t voted to put one in its advantages to have a grant in place. Councilman Jacobs, “I was surprised to read the paper last week that there was some sort of a determination about ethics. I’m speaking about the ethics committee only. I really think we should dissolve the ethics committee because any determination needs to be made at a public meeting. The ethics committee is not correct. The ethics committee, as I understand it, should be only one officer or board member. There should be three people.” Attorney Rappleyea, “It’s really whatever the local municipality says comprises that board.” Councilman Jacobs, “Town law says only one should be an employee or officer or board member. I feel we don’t have any criteria set up for it, any kind of action we would take and until we get that type of stuff together I really feel we should dissolve it. I don’t feel we did it properly.” Councilwoman Warfield, “I actually called Albany and explained what happened. The gentleman was in the State Comptroller’s office. He’s limited to what they can help us with. He said as long as there’s no coercion then we don’t even address that. It’s not an issue. He said if we had questions for Tal to read section 808 of the General Municipal law. He said the fact of the matter is we don’t have anything in place. Just like any other citizen there isn’t anything in place. If somebody doesn’t get a permit and they’re suppose to, OK, then they can get the permit pay it and it’s done. He said you can expand beyond that but basically you would start at the Section 808 of the General Municipal Law. I explained we’re just starting and we want to make sure we’re doing it right. He said it’s really outside the Ethics committee ruling, a situation like that. I told him it was two of us and he didn’t have an issue with that.” Councilman McCrary, “We were formed as an ethics committee as opposed to an ethics board. Our only role is to field complaints from the public. The only thing we haven’t addressed is what form those should come in. We’re not a determinate board. I don’t think we made any determination in a legalistic sense. We looked at the situation and felt there was nothing there to look at further, it’s a non issue because we’re not a board.” Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried to adjourn the meeting at 8:32 P.M. _____________________________________ SEPTEMBER 21, 2009 A budget workshop was held on Monday, September 21, 2009. Supervisor Michael Flaherty called the meeting to order at 6 P.M. The meeting was adjourned at 7:35 P.M. ______________________________________ TOWN OF JEWETT Agenda Item 1: The meeting was called to order at 7:30 pm. Roll Call: Acting Chair: Joan Kutcher Agenda Item 2: Approval of Minutes for August 6, 2009. Mrs. Nicholls made the motion to accept the minutes as written. Mr. Beers seconded the motion and they were passed by all who were present last month. Agenda Item 3: Mr. Larry Gardner representing Ellie J. Pratt & Jenny L. Jeffrey. Adjustment to maps for Minor Subdivision for property located at Round Hill Road, Tax Map No. 113.00-03-9.2.; Zoning Districts Rural Conservation and Rural Residential. Mr. Gardner had new maps for the Jeffrey property with the DEP's suggestion to slightly shift a line on maps previously reviewed by the Planning Board. The change under question is a line to be moved about twelve feet (12') further away from the house to encompass a ledge further down the bank. The resulting difference in parcel size is only about one quarter (.25) of an acre. The PB saw no reason to deny the change. Agenda Item 4: Mr. Darren Elsom for Von Aweydon, LLC of Acorn Drive, Jewett, NY; Application for Subdivision Sketch Plan Review, Tax Map No. 112.00-03-81.; Zoning District: 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 respectively. Mr. Elsom was representing Mr. Peters tonight as Mr. Gardner had another appointment. Mrs. Kutcher summarized that this project came before the Planning Board last month as a Minor Subdivision; but that it is a Major Subdivision and she wanted to be certain that all requirements for a preliminary plat have been met with the necessary data before the PB proceeds further with this case. Mrs. Nicholls brought out her copy of the subdivision regulations for cross referencing. Last month's maps were passed out. Mr. Elsom asked whether the PB had accepted the Sketch Plan; it had not. Agenda Item 5: Margaret Fromm with Sketch Plan Review for Minor Subdivision for property located 293 Carl Road, Jewett, NY 12444: Rural Residential Zoning District, Tax Map No. 111.00-2-49. Mrs. Fromm wants to make a subdivision of a nine (9) acre lot on which is an existing cottage they have rented for the last twelve years to a tenant who has wanted to buy it. Upon the advice of Mr. Gardner, she talked to Mr. Flaherty who informed her that two and a half (2.5) acres were the minimum lot size for her zoning district. Bruce Maben provided the original deed. Mrs. Fromm has an approximately drawn survey and explained that her son who is a licensed surveyor on Long Island will be doing the professional job for her. She asked for a way to get around the two and a half (2.5) acre requirement because that cuts her field in half. The Planning Board has no reason to do that, not even with a variance. Mrs. Kutcher explained the requirements for a Sketch Plan Review. The existing conditions are good - one hundred and sixteen feet (116') of road frontage, an available two and a half (2.5) acres, but the PB needs the diagrammed location of the well, leach field, driveway information, and utilities. Mrs. Fromm wanted to be sure that a deed restriction currently on her deed against trailers would remain in place because she does not want to be looking at them in her field. She asked to be placed on the agenda for October 1st. Agenda Item 6: Mr. Robert Korosec representing Mr. James R. Mooney for property located at 810 Goshen Street, Jewett, NY; application for Subdivision Sketch Plan Review, Tax Map No. 112.00-1-2: Rural Residential District. Total acreage before subdivision approval is 55.02 acres. Intended subdivision is to result in a 6.31 and a 48.71 acre parcel. Mr. Korosec of Thew Associates was in attendance tonight to represent Mr. Mooney. He said Mr. Mooney plans to retain about six (6) acres around his home and sell the forty-eight (48) acres parcel to the DEP. Mr. Mooney's right of way is off County Route 14, and he will grant the DEP a right of way further up the center of his six (6) acres parcel to come out behind his house. The property next to Mr. Mooney's is also under DEP contract and Mr. Mooney has an easement there. Mrs. Muth noted the only change is that the right of way is getting longer. Mrs. Kutcher asked the Planning Board for comments. Mrs. Nicholls noted a line on the map that Mr. Korosec said was an existing trail through the woods. Mr. Korosec observed the property appears to be in three zoning districts, but with sufficient acreage the required acreage for zoning is already accounted for. Mr. Korosec asked if the PB wanted a note concerning the three zoning districts, but was told no. Again the contours have been diagrammed at twenty-foot (20') increments, but the ten-foot (10') contour requirement is for a major subdivision. Mrs. Muth made the motion to approve the Sketch Plan; the motion was seconded by Mr. Beers and passed unanimously. Mrs. Kutcher made the motion to declare the PB as Lead Agency in this case; Ms. Bernard seconded the motion, and it passed unanimously. The SEQRA was read aloud and given a negative declaration. The next step is the Application for a Minor Subdivision. Agenda Item 7: Report from Greene County Planning Board Representative Gene Beers. Mr. Beers reported that the Greene County Planning Board had cancelled its meeting. Agenda Item 8: Report from Town Board liaison J.R. Quackenbush. Mr. Quackenbush said that a small annual raise of $500 has been approved for Ms. Laubmeier toward the extra time she had promised to spend doing research as needed. Agenda Item 9: Other Business: Windmill Law. Mr. Quackenbush said he has copies of windmill laws from other towns that he intends to get to Ms. Bernard by the end of the week. Some points have been highlighted as a starting point for Planning Board review. Ms. Bernard offered to create a "cross-walk" of which town did what for easier Planning Board review. She inquired whether the committee discussed last month had formed, but Mrs. Kutcher said there was not action on that by the Town Board. Mr. Quackenbush said that the TB would get that together this month. Mrs. Kutcher mentioned that it was her understanding that last month's matter of Green In Greene's effort to erect a windmill on Donald Miller's property had been met by a Building Permit from the Building Inspector. Ms. Bernard commented that the Town of Hunter had removed bird migration patterns as a prerequisite study from the latest draft of its windmill law. She had learned of another wind company in our county based in Catskill. She had articles to share with the PB that she is saving as reference while drafting the new law. 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.
Susan Laubmeier, Clerk
_____________________________ September 2, 2009 ROLL CALL: The meeting opened at 7:05 pm. Agenda Item 2: Approval of Minutes of August 5, 2009. Agenda Item 5: Other Business: Agenda Item 3: Public Hearing on Application for Yard Requirement Determination for Sandra L West of 342 Colgate Road, East Jewett, NY, Tax Map No. 150.00-2-18, District: Rural Residential. Present: Sandra West and Nick Hopkins Mr. Coloton made the motion to open the Public Hearing. Mr. Kutcher seconded the motion. The vote was unanimous and the hearing opened at 7:12 pm. Mrs. Dwyer reported that the required mailing notices were received along with the certification of sign posting. There was no correspondence received on this application. Mr. Coloton called for comments. There were no comments from the public. Mr. Coloton made the motion to close the Public Hearing. Mrs. Williams seconded the motion. The vote was unanimous and the hearing closed at 7:15 pm. Ms. West stated that the proposed shed would match the architect of the house with cedar siding. Members reviewed the application and documentation and determined that the front yard is 37 feet from the house and 30 feet from the proposed shed, the rear yard is 40 feet the left side yard is 13 feet and the right side yard is 38 feet to the rear of the proposed shed and 32 feet to the front of the proposed shed. Members determined that there would be no undesirable change in the character of the neighborhood; there is no feasible alternative; it is not substantial; there will be no adverse effect on the physical or environmental conditions; it is not self-created; and it will not have an adverse impact on government services. Mr. Coloton made the motion to approve the Yard Determination as described above. Mr. Kutcher seconded the motion. ROLL CALL VOTE: MR. COLOTON – AYE; MRS. WILLIAMS – AYE; MRS. FLAHERTY - AYE; MR. KUTCHER – AYE; MRS. DWYER – AYE. The motion was approved with five ayes. There being no other business, Mrs. Flaherty made the motion to close the meeting. Mr. Kutcher seconded the motion. The vote was unanimous. The meeting ended at 7:50 pm.
Ann Dwyer |