Added: December 01, 2016
Agenda Item 1: The meeting was called to order at 7:30 p.m.
Roll Call: Chair: Donna Bernard
Present: JoAnne DeLong, Greg Kroyer, and Paul LaPierre
Absent: Marianne Romito
Agenda Item 2: Approval of the Minutes of November 3, 2016
Mr. LaPierre motioned to accept the November 3, 2016 minutes as amended; Mr. Kroyer seconded the motion, which carried unanimously.
Agenda Item 3: Report by Town Board Liaison Nathan Miles
Mr. Miles was unable to attend tonight.
Agenda Item 4: Public Hearing for Brooks and Brooks for Minor Subdivision for Sheepskin Hills, Inc. for property located at County Route 23C and Mallory Road, Jewett, NY: Tax Map ID No. 131.00-1-27, Zoning Districts: Rural Residential and Conservation, consisting of 117.76 acres.
The Planning Board had received a responsive letter from NYCDEP in accord with its intention to declare itself Lead Agency for this Unlisted Action. Ms. Bernard requested a motion to declare the Town of Jewett Planning Board as Lead Agency. Mr. Kroyer so motioned. The motion was seconded by Ms. DeLong, and carried unanimously.
Mr. LaPierre read the SEQRA Part One. Ms. Bernard noted that No. 7 should read “No.” Nos. 10 and 11 are not relevant as there is no construction; No. 12 affirms that this is an archeologically sensitive area, perhaps due to an old mill site, which will not be affected as no building is planned; and No. 16 notes that this parcel is located in a one hundred year flood plain. Part One had been signed and dated.
Ms. Bernard read the SEQRA Part Two. The Planning Board gave all answers as “no or little impact,” and put off signing it until after the Public Hearing in case new information should come to light.
Mr. LaPierre made the motion to open the Public Hearing at 8:00 p.m. The motion, seconded by Ms. DeLong, carried unanimously. No public attended, and so at 8:15 p.m. Mr. LaPierre made the motion to close the Public Hearing. Mr. Kroyer seconded the motion. The motion passed unanimously.
Ms. DeLong motioned to give Part two of the SEQRA a negative declaration. Mr. Kroyer seconded the motion, which carried unanimously. Mrs. Epstein is to send a copy to NYCDEP.
Agenda Item 5: Brooks and Brooks for Minor Subdivision for Sheepskin Hills, Inc. for property located at County Route 23C and Mallory Road, Jewett, NY: Tax Map ID No. 131.00-1-27, Zoning Districts: Rural Residential and Conservation, consisting of 117.76 acres.
Mrs. Brooks turned over to Mrs. Epstein copies of thirteen certified letters. Of the receipt, she had received five, five were delivered and not yet returned, and three had been left and not yet signed for. She also provided copies of the posting of the Public Hearing notice.
She said that upon the suggestion of Cynthia Garcia of the NYCDEP, Brooks and Brooks had added to the plat: a statement (No. 8 of the legend) that the parcel contains Wetlands, not located, and therefore subject to all regulations promulgated thereunder; added note No. 12 to the legend stating that there will be no building permit issued without DEP approval; and the floodplain, represented by a dotted purple line parallel to the East Kill, and identified in note No. 13 of the legend. They also added a possible reserve septic system located next to the outbuildings. Mrs. Brooks also provided the Board with a copy for the file of the emails she had exchanged with Ms. Garcia in regard to this application.
Ms. Bernard asked the Planning Board to take a final review of the application and the plat to satisfy that all is in order. Mr. LaPierre then made the motion to approve this Minor Subdivision of Tax Map ID No. 131.00-1-27 for Sheepskin Hills, Inc. Ms. DeLong seconded the motion and it was subject to a Roll Call Vote: Ms. Bernard – aye; Ms. DeLong – aye; Mr. Kroyer – aye; and Mr. LaPierre – aye.
Agenda Item 6: Brooks and Brooks for Sheepskin Hills, Inc. for Boundary Lot Line Adjustment for property located at 2272 Route 296, Jewett, NY: Tax Map ID No. 147.00-3-23.1, Zoning Districts: Rural Residential. To convey 1.65 acres to Tax Map ID No. 147.00-3-20 (0.85 acres) to bring it up to Zoning Code.
The plat illustrates the Boundary Lot Line Adjustment and the next Agenda Item, a Minor Subdivision. The purpose of the Boundary Lot Line Adjustment is to add one and sixty-five hundredths (1.65) acreage from Tax Map ID No. 147.00-3-23.1 to adjacent existing Tax Map ID No. 147.00-3-20, consisting of eighty-five hundredths (0.85) acre, owned by Charles B. and David Slutzky, to bring an area used for office space up to conform with Rural Residential Zoning of two and a half (2.5) acres. The resulting acreage for parcel 147.00-3-23.1 will change from thirty-four and thirty-three hundredths (34.33) acres to thirty-two and sixty-eight hundredths (32.68) acres. This property will also receive a new septic system.
After review of all information, Ms. Bernard suggested the Board vote on this tonight, reasoning that one and sixty-five hundredths (1.65) acres was within the intent of Jewett’s Boundary Lot Line Adjustment law. The Board has the letter of representation, the SEQRA, the deed, and all that remains is the question of the school district. Mrs. Brooks said that the entire parcel lies within the Hunter-Tannersville School District. Ms. Bernard requested a copy of the school tax bill, and Mrs. Brooks will provide that next month.
Ms. Bernard said she would entertain a motion to accept this Boundary Lot Line Adjustment Application after hearing no questions or comments. Mr. LaPierre made the motion, which was seconded by Mr. Kroyer, and subjected to a Role Call Vote: Ms. Bernard – aye; Ms. DeLong – aye; Mr. Kroyer – aye; and Mr. LaPierre – aye.
Agenda Item 7: Brooks and Brooks for Sheepskin Hills, Inc. for Minor Subdivision for property located at 2272 Route 296, Jewett, NY: Tax Map ID No. 147.00-3-23.1, Zoning Districts: Rural Residential.
The remaining land not involved in the Boundary Lot Line Adjustment is to be divided into two lots: Lot One toward the east to consist of eleven and thirty-one hundredths (11.31) acres, and Lot Two toward the west to consist of twenty-one and thirty-seven hundredths (21.37) acres. Mrs. Brooks noted that there is a pre-existing shared driveway, which she will note in the legend as having a Right of Way by Use. This shared driveway is grandfathered in.
Ms. Bernard suggested the Board entertain a motion to accept this application for a Minor Subdivision so that the Lead Agency intention letters could be mailed out timely. Ms. DeLong so motioned. Mr. LaPierre seconded the motion, which carried unanimously.
Mrs. Brooks said that there is a wetland on the property, and that she will follow through with the DEP once the Lead Agency letters have gone out. She said DEP is aware that a new septic system is planned. There is a man-made dam at one end of the property; Mr. Kroyer remembered when beavers had caused problems, and something had been installed to deter the beavers.
Because this property bounds State Highway 296 and the Town of Ashland, the Board decided that Mrs. Epstein should mail the NYCDEP, the Town of Ashland, and the Greene County Planning Board with a 239 Form.
The Public Hearing for this application will be held January 5, 2017 unless bad weather strikes and the snow date would defer the Public Hearing onto the February meeting date. Mrs. Brooks said she would insert that information into the mailings.
Agenda Item 8: Nestor and Christina Porytko, Boydan, and Joanne Iwaskiw for Boundary Lot Line Adjustment for property located at 9041 Route 23A, Jewett, NY, Tax Map No. 147.00-4-8. Alexandra A., Ihor Magun, and Lydia and Jeffrey Nascimento, owners of Tax Map ID No. 147.00-4-10, located at 9035 State Route 23A and consisting of 5.2 acres, would grant 2.022 acres to Nestor and Christina Porytko and Boydan and Joanne Iwaskiw, owners of Tax Map ID No. 147.00-4-8, consisting of 0.673 acres, making for changed acreage of 3.2 and 2.695 acres respectively. Rural Conservation Zoning District.
Mr. Joe Vanucchi presented the application and five copies of the area of the property to be transferred. The package included a Boundary Lot Line application, copy of the deed, and letter of representation. He said that Mr. Iwaskiw is a cousin to Mr. Porytko, and they hope to achieve an arrangement wherein they can evenly divide the property between them.
This awkwardly shaped parcel presents difficulty to work with. Mr. Vanucchi said that the land was being granted from an original parcel of approximately five and seven tenths of an acre. A dashed line drawn on the map represents the area they wish to add to the smaller parcel. Ms. Bernard noted that the parcel belonging to the grantor was not totally illustrated on the map, and that a full illustration of all involved parcels is required for the Boundary Lot Line Application.
The Boundary Lot Line as drawn appeared to leave one of the properties less than the three acres allowable in Rural Conservation Zoning, until Ms. Bernard recalculated the acreage and noted that combining both lots would equal six acres, divisible into two lots of three acres each per cousin, should they be able to dissolve the tax lines. However, that approach would necessitate a subdivision application.
Illustrating the Boundary Lot Line application this way creates two long, narrow parcels that fail to meet the minimum lot width of two hundred feet, Mr. Kroyer noted, which would create non-conforming lots and probable setback problems. The cousins wished access to the Schoharie Creek that runs along the rear of the property. The Board suggested alternate design possibilities, which might involve the creation of a flag lot. Ms. Bernard reviewed the Flag Lot law and considered that with the configuration of the land, that would be an option. However, building close to the creek could prove tricky from the flood risk. Mr. LaPierre suggested that a review of the federal flood plain map could help Mr. Vanucchi in re-engineering the design.
Mr. Kroyer noted that each lot currently is pre-existing building lot prior to Zoning, and large enough for a building. Mr. Vanucchi said the setbacks are laid out in the deeds.
No fee was collected for review of this application tonight.
Agenda Item 9: Joe Vanucchi for AM III, LLC (Michael Osterer) for Minor Subdivision for property located at 354 Merwin Street, Jewett, NY: Tax Map ID No. 111.00-1-9 in Zoning District: Rural Residential
Mr. Joe Vanucchi provided the Planning Board a completed survey map, letter of representation, Minor Subdivision application, and signed SEQRA Part One. The property is listed on the application as containing thirty-nine and three hundred and ninety-five thousandths (39.395) acres to be split into two lots. Lot One is to contain fifteen and two hundred and forty-one thousandths acres. Lot Two is to contain twenty-four and one hundred and fifty-four thousandths (24.154) acres. Mr. Vanucchi noted that the property is located on a steep hill.
Ms. Bernard requested a motion to accept this proposal for a Minor Subdivision from AM III, LLC, noting the Board yet needs a copy of the school tax receipt proving school district. Ms. DeLong made the motion, and Mr. Kroyer seconded the motion, which passed unanimously.
The Public Hearing will be set for the January 5th meeting at 8:30 p.m. It was noted that this property borders the Ashland-Jewett Town Line, so Mrs. Epstein will have to send Lead Agency letters and a 239 form to interested parties – Town of Ashland, NYCDEP, and the Greene County Planning Board.
Ms. Bernard suggested to Mr. Vanucchi that he be proactive with Ms. Cynthia Garcia of the NYCDEP, because this approach has worked very well for previous applicants. She also noted that if the applicants wished to further subdivide this land later, it will no longer be regarded as a two-lot subdivision, but as a re-division of a previous subdivision, and need a road built at town standards.
[Although things appeared complete at the meeting, while typing up these minutes the secretary noted that an area on the map reads “old lot line” and “proposed new lot line” from an earlier intention of AM III (Michael Osterer) to grant land to Nicholas and Peter Stillo. This is also indicated in the comment area on SEQRA Part One. Mrs. Epstein has copied Mr. Vanucchi and Ms. Bernard on the question of whether the intention for a BLLA still exists.]Agenda Item 10: Report from Greene County Planning Board representative Cindy LaPierre.
The Town of Durham is reviewing a site plan and Special Use Permit for the construction of a Dollar General store at the southwest corner of State Route 145 and Brown Road. Durham identifies State Route 145 as a tourist access highway, and this is compatible with its Comprehensive Plan. The GCPB recommends the building be designed in accord with the rural/farming nature of Durham with a focus on all sides that will be visible from this intersection.
The Town of Hunter is reviewing a site plan for the Platt Clove Community for the relocation of a greenhouse and greenhouse shed on property just off Josh Road.
The Village of Tannersville is reviewing a site plan for an addition to the Grateful Bed and Breakfast on Main Street. The addition will not be seen from the road.
The Village of Tannersville is reviewing a site plan for the use of an existing garage on Raspberry Lane as a vehicle repair shop. There will be no change in the footprint; a fence will be built between two properties of the owner.
The Village of Tannersville is reviewing a Site Plan for the installation of a greenhouse and garden beds for an organic vegetable farm on Main Street, managed by the Hunter Foundation project for high altitude farming. They intend to grow produce for the local community and integrate educationally.
New Baltimore is reviewing a site plan for a fifty unit assisted living facility on Route 9W to include construction of a two-story building and an attached one story kitchen and dining hall. The GCPB rejected this application as incomplete; questions concerning whether it is a permitted use and regarding the septic system are to be answered by December meeting of the GCPB.
Agenda Item 10: Other business:
The vouchers were turned in.
Mr. Bruce Maben came in for a re-signing of his own plats, which had not been filed on time.
The next meeting of the Planning Board will be January 5 at 7:30 p.m., weather pending.
Mr. LaPierre motioned to adjourn the Planning Board meeting at 9:30 p.m. The motion was seconded by Ms. DeLong, and carried unanimously.
Respectfully,
Susan H. Epstein, Clerk
____________________________
Donna Bernard, Chair
Agenda Item 1: The meeting was called to order at 7:30 p.m.
Roll Call: Chair: Donna Bernard
Present: JoAnne DeLong, Greg Kroyer, and Paul LaPierre
Absent: Marianne Romito
Agenda Item 2: Approval of the Minutes of October 6, 2016
Mr. Kroyer motioned to accept the October 6, 2016 minutes as edited; Mrs. DeLong seconded the motion, which carried unanimously.
Agenda Item 3: Report by Town Board Liaison Nathan Miles
Mr. Miles said the Town Board has appointed Stacy Sprogg as Zoning Enforcement Officer (ZEO). This relieves Mr. Shippee, acting Deputy Zoning Enforcement Officer, and should provide Jewett with better checks and balances, avoiding conflict between the two roles.
Also of note, the town has increased its fee schedule for fire alarms. The Town Board policy will be to give due process: there will be notification by letter for the first offense and every offense thereafter. The first offense costs nothing, the second offense costs $150, and after that, the fee jumps to $1,000 within a two-year period. Mr. Miles said that issue requires stricter enforcement out of respect for the local fire departments. The change in the fee schedule does not require a Public Hearing, because it does change any law.
The next Town Board meeting will be held on November 9th, and there will be a Public Hearing for Override and Tax Levy Limit.
Agenda Item 4: Public Hearing for Charles B. Slutzky, David Slutzky, and Orvet Family LLC, for Minor Subdivision Application for property located at State Route 23 and Deming Road: Tax Map ID No. 163.00-2-18.1 and Tax Map ID No. 163.00-3-19: Zoning Districts Conservation and Rural Conservation, 168.91 acres.
Just prior to the Public Hearing, Ms. Bernard entertained a motion to declare the Town of Jewett Planning Board Lead Agency for this Unlisted Action. Mr. LaPierre so motioned, which was seconded by Mr. Kroyer, and carried unanimously. The Planning Board had received responding letters from NYCDEP and Greene County within thirty days of declaring its intent to be Lead Agency; both were in support of this.
Ms. Bernard asked Mr. LaPierre to read aloud the SEQRA Parts 1 and 2 for further review, to determine whether any new information would cause it to change its preliminary review of last month. Mr. LaPierre inquired about a well that was drilled according to his memory about twelve years ago, and after discussion with Mr. Brooks it was determined that well was not on the property under review. The Board determined that the proposed action will cause no negative impact, and requested a motion to give this unlisted action a negative declaration. Mr. LaPierre made the motion, Mr. Kroyer seconded the motion, and it carried unanimously.
Mr. Kroyer made a motion to open the Public Hearing at 8:00 p.m. Mrs. DeLong seconded the motion, which carried.
Mr. Jesse Boyd from Peak Resorts of Hunter, NY had come in representing Mr. Russ Coloton, who was out of town. He said he had no concerns, but that he was not familiar with the Jewett Planning Board, and had showed up to say “Hello.” He was welcomed. No letters were received from the public.
It was determined that no further information had come forward to change the Board’s decision to give the SEQRA a negative declaration. At 8:20 p.m. Mr. LaPierre made the motion to close the Public Hearing. Mr. Kroyer seconded the motion, which carried unanimously.
Agenda Item 5: Brooks and Brooks for Charles B. Slutzky, David Slutzky, and Orvet Family LLC, for Minor Subdivision Application for property located at State Route 23 and Deming Road: Tax Map ID No. 163.00-2-18.1 and Tax Map ID No. 163.00-3-19: Zoning Districts Conservation and Rural Conservation, 168.91 acres.
Ms. Bernard asked Mrs. Brooks whether she had located the school district information requested. Mr. Brooks said that the property location is within the Hunter Tannersville School District, and outside the Agricultural District.
The plats were spread for review. Mrs. Brooks brought forward the mailing receipts for the Public Hearing. Mrs. Brooks said the maps had not changed since last month. Ms. Bernard asked the Board whether they had any more information or questions. Mrs. Brooks had asked whether any Recreation fees were still owed? Jewett does not have these fees. Mrs. Brooks said most towns that require such fees put them into a savings fund toward recreational facilities for town youth and similar purposes.
Hearing no discussion or further questions, nor any information resulting from the Public Hearing that would cause the Board to change its decision on the Negative Declaration for SEQRA, Ms. Bernard said she would now entertain a motion to approve this application for Minor Subdivision. Mr. LaPierre so motioned, Ms. DeLong seconded the motion, and it was subjected to a Roll Call Vote; Ms. Bernard – aye; Ms. Delong – aye; Mr. Kroyer – aye; Mr. LaPierre – aye.
Mrs. Brooks thanked the Planning Board, said she would make certain all the school taxes were paid (to avoid a sixty-day window wherein school districts are not accepting any more school taxes, which are being levied against the land taxes due for 2017), get signatures from all the owners, and then notify Mrs. Epstein that the plats are ready for Planning Board signature.
Agenda Item 6: Brooks and Brooks for Minor Subdivision for Sheepskin Hills, Inc. for property located at County Route 23C and Mallory Road, Jewett, NY: Tax Map ID No. 131.00-1-27, Zoning Districts: Rural Residential and Conservation, consisting of 117.76 acres.
Mrs. Brooks provided new plats delineating clearly the line between the Hunter-Tannersville and Windham-Ashland-Jewett School Districts. Mr. Kroyer asked about a pink-dotted line, and Mrs. Brooks answered that it was coincident with both a property line and the school district line. The other correction to the map was to add the Conservation Zone on Lot 3; they have clarified each Zoning District. Lot 1 and 2 are completely Rural Residential.
Mrs. Brooks wondered whether any response had come back from the Lead Agency letters that had been mailed on October 11th. Mrs. Epstein had not received anything, so Mrs. Brooks said that she would contact Ms. Garcia of NYCDEP to follow up. Ms. Bernard plans to set the Public Hearing for December 1st at 8:00 p.m. Mrs. Epstein provided the materials for posting prior to the Public Hearing. The SEQRA Part 1 was read aloud by Ms. Bernard. The online SEQRA recorded an area of archeological sensitivity; Mrs. Brooks said that no digging or disturbance is planned regarding this application. Mr. Brooks said that an old mill in Jewett was located near the old swimming hole, close enough to raise the question. Wetlands (HT1) are illustrated on Lot 3, more on the northerly side of the road on Lot 2, and the location of East Kill and its tributary. No disturbance of the wetlands is intended. There is no storm water discharge from any source. Ms. Bernard said this copy of the SEQRA was also consistent with her preliminary review.
No further action could be taken on this application tonight, so it was tabled until December.
Agenda Item 7: Mr. Charles Schaeffer for Boundary Lot Line Adjustment and Subdivision for Ann Huetter and Robert Huetter Tax ID Nos. 146.00-2-5.1 and 146.00-2.2.8
Ms. Bernard had a file on Mr. Huetter from last year; he was then in the process of having the survey work done. Mr. Schaeffer said that he represented Mrs. Ann Huetter, the owner of the property. Mr. Schaeffer had been unable to locate the Jewett Subdivision Code online. Ms. Bernard gave him copies she had of the Subdivision rules and procedures to be followed.
Mr. Schaeffer commented that the one-year delay has been because of the survey. The surveyor was asked to combine the barn parcel with Mr. Huetter’s other parcel. Mr. Santo had the commission, then he retired, and the group had some health problems with other employees. Mr. Schaeffer is new to the process, that the surveyors had done their work, and now it is his task to move forward with the application.
A barn across Route 23A on the north side of the road is to be merged into Robert Huetter’s parcel, which he has owned since late 1960’s. John Huetter, another son of Ann Huetter, occupies a log cabin on one acre. Mrs. Huetter wants to give him approximately seventeen acres, which follows the line around the barn on the plan toward the house. The property around the main house will be subdivided further to create a seven-acre parcel for her grandson, Adam. The remainder will be deeded over to Kathryn and Daniel Joyce with whom Mrs. Huetter lives in Cairo, N.Y.
Another adjustment will give Mr. Robert Huetter complete control of the lake. An existing road shown on the map will give access to all parcels. All parcels are serviced by the spring, so access to the spring would have to be deeded on each parcel. Mr. Kroyer asked how many parcels are intended; Mr. Schaeffer answered they are starting with two and ending up with three.
The matter had first come to the attention of the Planning Board when Councilman Mike McCrary met Robert Heutter at a meeting, who described his problem, with the result that Mrs. Nancy Bower, Jewett’s Tax Assessor, placed a call to Ms. Nancy McCoy, the Assistant Director of Real Property Tax Services (RPTS), who said that in this situation, Greene County has a precedent which could allow the action of adjoining both parcels, since Mrs. Ann Huetter, Robert’s mother, who originally deeded him the house and property in the 1960’s, can and will state that was her intention to include the barn on the other side of the road.
The Planning Board explored the methodology for annexing the small area with the barn to Mr. Huetter’s property across the road. Mr. Kroyer noted that the Route 23A corridor is state owned property; he is concerned that it lies between the land in question, and felt that a Boundary Lot Line Adjustment cannot be created, as the land does not share a boundary.
Ms. Bernard noted that the Director of RPTS is aware of this action, and that Mr. Rappleyea, Nancy Bower, and Ms. McCoy all felt that the precedent was there for the Planning Board to proceed, as recorded in an email sent to the Planning Board by Mr. Rappleyea from September 2015 upon Ms. Bernard’s request for his interpretation of how the Board should proceed. She read the email aloud to the Board.
If the Board accepts the Greene County precedent, Mr. Heutter will need to understand that the road separating land from barn does not make this a separate parcel should he ever want to sell it off. The “Z” symbol needs to be illustrated connecting the land across the street to Mr. Huetter’s main property. Mr. Schaeffer said that was highly unlikely since the family is emotionally attached to the land.
A possible Boundary Lot Line Adjustment had been discussed earlier to transfer the land. Mr. LaPierre thought it could be a narrative transfer based upon Mrs. Huetter’s intent and willingness to say the barn was intended to be with the original piece. All interested parties agree to this original intent, which should be easy to accommodate down in Catskill. Ms. Bernard asked what the Board’s action would be. Mr. Kroyer reviewed the Boundary Lot Line Adjustment and the Adjusted Lot Line laws, but found no common boundary.
Ms. Bernard wanted to see what the parcel looks like as filed with Greene County; this map as it appears is confusing. Mr. LaPierre clarified that the tax map people and the survey will show all as one single parcel, so the Planning Board does not have to do anything as it is already understood by the County that it is one piece. Ms. Bernard summarized that Mrs. Huetter could present the map in file-able form, that the surveyor could put the “Z”-symbol in, along with a statement that the original property deeded in 1960 should have included the land and barn.
The Board reviewed the map more closely for the Boundary for which to apply the Lot Line Adjustment. Ms. Bernard said before the Board can consider the proposal all members need to be comfortable with the Boundary Lot Line Adjustment being done. The parcel will have the “Z” drawn; Mr. Kroyer asked whether it was even a Boundary Lot Line Adjustment. Ms. Bernard answered that the little corner with the barn appears to be part of 146.00-2-5.1; it borders 146.00-2.2.8. Mr. LaPierre noted that what makes it look like the two separate parcels is what looks like a survey line along the road, which needs to be broken to make the two one parcel. It is that line which will be moved for the Boundary Lot Line Adjustment.
Ms. Bernard suggested that because some contention remains on the Planning Board, Mr. Schaeffer could go down to talk to Ms. McCoy and bring back a document stating that a precedent exists considering those two properties are adjoining. She asked would Mr. Kroyer accept that? Mr. LaPierre said those two properties are bounded by a stonewall. Mr. Kroyer said Mr. Huetter has been using that barn forever.
Ms. Bernard suggested the Board could look at the three parcels and entertain an application for subdivision. Lot 1 will include barn as it always has. The Board will need a map showing how things looked before the subdivision plan made. The little piece can be regarded as a separate concern. Ms. Bernard explained that the Board can not approve anything that is not conforming. Currently many such non-conforming lots exist because they had been grandfathered. The Board must go by today’s Zoning, and it cannot create a lot of a half-acre. Mr. LaPierre said we are not as the part with the barn is considered part of Robert Huetter’s property. Mrs. Huetter will own it as she always has, Ms. Bernard noted, and the Board could carry the application for a three-lot subdivision, with the annexation of the small barn parcel to be done at any time. The information needs to come from the County, whether it is done as Boundary Lot Line Adjustment or Altered Lot Line. If the subdivision is done first, it may make the situation easier for Mrs. Huetter because it remains a separate issue from the fact of subdividing. Ms. Bernard asked for a “before” map, an “after” map, and clarification of what is to be conveyed.
Mr. Schaeffer said he would reach out to RPTS to see how they would respond and go from there. If he decides to do the subdivision first, he will also need a Sketch Plan Application. Mr. LaPierre said if he brings the information he has to the RPTS, they might do the Altered Lot Line for him, drawing that “Z” shape where it needs to be, putting the information in the legend on the plat. Ms. Bernard thought the subdivision would see completion in three months. She emphasized that if the transfer of the little piece of property would be tricky, Mr. Schaeffer could still proceed with the subdivision, and not have to slow the process down further. When he is ready to come forward, he will need a letter of representation signed by Ann Huetter, and notify Mrs. Epstein to be placed on the agenda.
Agenda Item 8: Joe Vanucchi for Porytko.
Mr. Vanucchi came, received a phone call, and left before explaining this application to the Board. The information he left behind had confused AMI III with Porytko’s. The confusion is not at the Planning Board’s end.
Agenda Item 9: Report from Greene County Planning Board representative Cindy LaPierre.
There was not a report tonight.
Agenda Item 10: Other business:
The vouchers were passed out to members. The meeting dates for 2017 were decided as follows: January 5, February 2, March 2, April 6, May 4, June 1, July 6, August 3, September 7, October 5, November 2, and December 7. Mrs. Epstein will run a legal notice of this beginning 2017.
Brooks and Brooks brought a third application for the Slutzkys to be placed on next month’s agenda for a Boundary Lot Line Adjustment and a Minor Subdivision. They did not present it but the Planning Board took a quick look at the end of the meeting and it involved Tax ID No. 147.00-3-23.1 will give land to 147.00-3-20 to bring a non-conforming parcel toward conforming before subdividing the larger parcel. There is approximately thirty-four acres, not counting the land given to the Boundary Lot Line Adjustment, and that will be split into two parcels of a little over eleven acres and twenty-one acres. This will be placed on the agenda for next month, along with the minor subdivision application for Mr. Gary Pawlak, who had appeared for advice tonight.
The next meeting of the Planning Board will be December 1 at 7:30 p.m.
Mr. Kroyer motioned to adjourn the Planning Board meeting at 9:40 p.m. The motion was seconded by Ms. DeLong, and carried unanimously.
Respectfully,
Susan H. Epstein, Clerk
____________________________
Donna Bernard, Chair
Added: October 06, 2016
Agenda Item 1: The meeting was called to order at 7:30 p.m.
Roll Call: Chair: Donna Bernard
Present: JoAnne DeLong, and Greg Kroyer
Absent: Paul LaPierre and Marianne Romito
Agenda Item 2: Approval of the Minutes of September 1, 2016
Mr. Kroyer motioned to accept the September 1, 2016 minutes as amended; Mrs. DeLong seconded the motion, which carried unanimously.
Agenda Item 3: Report by Town Board Liaison Nathan Miles
Mr. Miles said the Town Board has been discussing the position of the Zoning Enforcement Officer. The combined position of Zoning Enforcement Officer and Code Enforcement Officer was a temporary solution, initially filled by Mr. Muth, and is too much to expect of Mr. Shippie. Ms. Bernard wondered if extra training was necessary for that position, but Mr. Miles was not aware.
Ms. Bernard offered the Planning Board’s assistance to the Town Board should they require its support during any Code Review discussion. She said that the Planning Board only has two more meetings before the year’s end. Land use training is up coming at Columbia Greene Community College, and another available is a webinar on Watershed issues.
Agenda Item 4: Public Hearing for Bruce Maben representing a Subdivision Application-Sketch Plan Review for Donald Miller estate located at 877 Merwin Street, Jewett, NY; Tax Map ID No. 110.00-7-2.1: Zoning District: Rural Residential
Just prior to the Public Hearing, the new survey maps provided by Mr. Maben were spread for review. Mrs. Miller turned the receipts from the mailings over to Mrs. Epstein for the file. Ms. Bernard asked Mrs. Epstein to respond to a request from Cynthia Garcia of the NYCDEP with a copy of the latest survey map, the SEQRA, and Negative Declaration.
Mr. Kroyer made a motion to open the Public Hearing at 8:00 p.m. Mrs. DeLong seconded the motion, which carried.
A letter had been received from Mr. John Ford who was concerned that this subdivision could result in further subdivisions. He had also requested to be placed on the tax rolls as primary caretaker for the property, so Ms. Bernard asked Mrs. Epstein to copy the letter with attention to that for Mrs. Bower.
Mr. Stan Podalicki, a neighbor, attended, and he was also concerned about further subdivisions. Mr. Maben said that this subdivision is to divide the land according to the decedent’s Will, that the lots are being given to the grandchildren, and no further subdivision is planned within the current generation. Mr. Podalicki asked about access; Mr. Maben replied that access is off Merwin Road.
The motion to close the Public Hearing was made at 8:15 p.m. by Mrs. DeLong, seconded by Mr. Kroyer, and carried unanimously.
Agenda Item 5: Bruce Maben representing a Subdivision Application-Sketch Plan Review for Donald Miller estate located at 877 Merwin Street, Jewett, NY; Tax Map ID No. 110.00-7-2.1: Zoning District: Rural Residential
Ms. Bernard asked whether anyone on the Planning Board had heard any new information from the Public Hearing that would change anything known about this application. No one had. The information was further reviewed, and everything seemed to be in order.
Mrs. Miller paid the fee for the Subdivision application.
Mrs. DeLong made the motion to approve this Minor Subdivision for the estate of Donald Miller. Mr. Kroyer seconded the motion, which was subjected to a Roll Call Vote: Ms. Bernard – aye; Mrs. DeLong – aye; and Mr. Kroyer – aye.
The Decision of the Planning Board was filled out and copies made for Jewett officials and the file.
Agenda Item 6: Richard Brooks of Brooks and Brooks for Charles B. Slutzky, David Slutzky, and Orvet Family LLC, for Sketch Plan Application for property located at State Route 23 and Deming Road: Tax Map ID No. 163.00-2-18.1: Zoning Districts Conservation and Rural Conservation, 168.91 acres.
Mrs. Brooks brought a new copy of the map. She had emailed a pdf copy to Ms. Garcia of the NYCDEP. Mrs. Brooks said that note No. 12 had been added to the plat stating, “No building permit is to be issued for a use requiring a septic system without NYCDEP approval of proposed septic system.”
Mr. Kroyer asked about the well noted by Mr. LaPierre last month. Mrs. Brooks provided a copy of an email for the file from Paul Slutzky, who said that item that looks like a drilled well head is instead a stream level gauge located adjacent to the Deming Road Bridge on the south side upstream, which is a requirement of the Hunter Mountain’s water withdrawal permit with the NYCDEC.
Mrs. Brooks asked whether the Planning Board could move forward tonight on the SEQRA so that the Public Hearing could be held in November. Ms. Bernard reviewed what had been done: the letter declaring Jewett’s intention to be Lead Agency for this unlisted action has gone out; the lots will remain separate because of the tax line; lot 2 has been improved with a barn; and lot 1 remains vacant. Mr. Kroyer asked about the real well, and that is on the land being retained by the Slutzky family.
Mrs. DeLong read the SEQRA Part 1 aloud for Planning Board review. No. 9 was noted as “Not Applicable.” To 12B, inquiring whether this property is an archeologically sensitive area, language was added stating, “No improvements or disturbance are proposed.” Ms. Bernard commented that she likes to use the electronic mapper because the “yes” answers pop up.
Part 2 of the SEQRA was reviewed and answered in the negative. This will be reviewed again after the Public Hearing, should new concerns come to light. Mr. Kroyer motioned to schedule the Public Hearing for November 3, 2016, at 8:00 p.m. Mrs. DeLong seconded the motion, which carried.
Agenda Item 7: Brooks and Brooks for Minor Subdivision for Sheepskin Hills, Inc. for property located at County Route 23C and Mallory Road, Jewett, NY: Tax Map ID No. 131.00-1-27, Zoning Districts: Rural Residential and Conservation, consisting of 117.76 acres.
This approximately one hundred and seventeen acre (117) parcel is split by State Route 23C. The intended three-lot subdivision puts Mr. David Slutzky’s home on lot 1, which is thirty acres total including a small lot across 23C. Lot 2 will consist of fifty-eight and fifty-one hundredths (58.51) acres. Lot 2 will consist of twenty-nine and twenty-five hundredths (29.25) acres.
Ms. Bernard expressed concern about the location of the School District lines. Some notation was on the map, but the Planning Board was not certain where the lines lay. Ms. Bernard advised Mrs. Brooks to meet with Mrs. Bower concerning this question, and to provide the Planning Board with copies of the school tax bill, which provides that information.
It was noted that this parcel has plenty of acreage to fit with the Zoning law for each district.
Mrs. Brooks said that a utility easement down the center of the property is twelve feet wide. A federal wetland and a state wetland have been duly noted. The trees have been blazed or painted along the boundary line. Mrs. Epstein noted that where the map was labeled as Rural Conservation Zoning appeared as Conservation Zoning on the color-coded town map.
Ms. Bernard asked Mrs. Epstein to send the Lead Agency letter out by Tuesday, noting the earliest date the Board could entertain the Public Hearing would be the December 1st meeting of the Planning Board. However, the Board could do a preliminary review of the SEQRA at its November meeting, which could be changed regarding any new information coming in at the Public Hearing. Ms. Bernard called for a motion to accept this minor subdivision pending any negative information from Mrs. Bower, Jewett Tax Assessor. Mr. Kroyer made the motion, which was seconded by Mrs. DeLong, and carried unanimously.
Agenda Item 8: Larry Vanucchi for Boundary Lot Line Adjustment for AM III, LLC (Michael Osterer) and Peter and Nicholas Stillo for property on Merwin Street, Jewett, NY: Tax Map ID Nos. 111.00-1-9 and 111.00-1-2 respectively.
No one showed up to represent this application. Mr. Vanucchi had earlier dropped off copies of the plats and had paid the fee due for a Boundary Lot Line Adjustment. The Planning Board looked at the maps, and said that it could not consider a Boundary Lot Line Adjustment for more than a couple of acres. This application was calling for a transfer of eleven and more acres. Ms. Bernard handed Mrs. Epstein a copy of the Jewett law regarding Boundary Lot Line Adjustments and asked her to send it on to Mr. Vanucchi along with a statement that the Board will not hear any unrepresented application.
Another problem to note: the GIS identified this acreage as Rural Residential, but the color-coded Jewett wall map identified this acreage as Rural Conservation.
In its efforts to interpret this plat, the Board decided the applicant will need to request a Subdivision.
Agenda Item 9: Report from Greene County Planning Board representative Cindy LaPierre.
In the Town of Windham, a Site Plan application has been submitted for Best Hot Tubs, which the GCPB approved contingent upon response to the following questions: Are the improvements intended for business use or just for the property residents? What is planned to be built within four boxed areas labeled “community gardens”? Would the NYS building code require fencing or other safety measures for the waterfall and pool areas labeled “water garden”? (The site plan does not clarify what depth the water will be). And how is the business accessed from the rear parking area? Are sidewalks planned leading into the business, or existing but not shown on the plan?
The Town of Catskill received the request for an Area Variance regarding the addition of a ten by forty foot (10’ x 40’) porch to an existing building on Pine Creek Drive. The GCPB recommended this be a local decision. There is no impact on neighbors, the property is large and screened in by trees, and there are no county issues.
The Village of Catskill received a Site Plan for Crossroads Brewing Company’s renovation and use of an existing structure on Water Street for production brewery, distributing and tasting. The site is the old Daily Mail printing facility. This is an extension of the brewing function of Crossroads Brewing Company’s successful restaurant in Athens. The GCPB approved this Site Plan.
In the Village of Athens, a Site Plan was received for installation of a fence for property on North Washington Street located just outside its historic district at the Albertus Van Loan house. The fence and restoration plans show meticulous research and sensitivity to the historic character of the building by its private owners. This should be a local decision.
Agenda Item 10: Other business:
With two months left in the calendar year, Ms. Bernard reminded Mrs. Epstein to prepare next month to provide vouchers for the Planning Board membership to turn in their training time.
Mr. Kroyer brought information regarding the subdivision law of another town called “One Cut,” which allows for the splitting of a parcel without the expense of pursuing a subdivision in cases regarding estate planning or similar circumstances. He shared this information with the Planning Board and Mr. Miles, who will share this information with the Town Board.
The next meeting of the Planning Board will be November 3rd at 7:30 p.m.
Mr. Kroyer motioned to adjourn the Planning Board meeting at 9:40 p.m. The motion was seconded by Ms. DeLong, and carried unanimously.
Respectfully,
Susan H. Epstein, Clerk
____________________________
Donna Bernard, Chair
Added: September 01, 2016
Agenda Item 1: The meeting was called to order at 7:30 p.m.
Roll Call: Chair: Donna Bernard
Present: JoAnne DeLong, Paul LaPierre and Greg Kroyer
Absent: Marianne Romito
Agenda Item 2: Approval of the Minutes of August 4, 2016
Mr. LaPierre motioned to accept the August 4, 2016 minutes as amended; Mr. Kroyer seconded the motion, and it carried unanimously.
Agenda Item 3: Report by Town Board Liaison Nathan Miles
Mr. Miles was not in attendance tonight.
Agenda Item 4: Richard Brooks of Brooks and Brooks for Charles B. Slutzky, David Slutzky, and Orvet Family LLC, for Sketch Plan Application for property located at State Route 23 and Deming Road: Tax Map ID No. 163.00-2-18.1: Zoning Districts Conservation and Rural Conservation, 168.91 acres.
Mrs. Brooks provided payment for the balance of their fee, and brought revised plans. Last month the question of whether this could be handled as an altered lot line arose, but Mrs. Brooks talked to Mrs. Bower who recommended a two-lot subdivision. They mailed the Subdivision application, which was received by the Planning Board.
Ms. Bernard noted that the online EAF mapper captures more detail in terms of wetlands. Question 16 of the short-form SEQRA for this property checked “Yes” for the One Hundred Year Floodplain. Mrs. Brooks said they do show the approximate floodplain on the map. Ms. Bernard asked that it be noted that this was discussed.
The new plans were reviewed: forty and three-tenths (40.3) acres are to be annexed to the property being conveyed to Hunter Mountain Base Lodge. One hundred twenty-eight and six-tenths (128.6) acres remain in ownership of the Slutzky family, within the Town of Jewett, utilizing an old roadway as the separation between lot lines. As part of the agreement of sale for the Slutzkys, the horse barn will remain with the Paul Slutzky family who owns the existing home right now.
Mrs. Brooks asked about the School District lines, and Ms. Bernard asked for copies of the school tax bill for the file, which prove which school district a parcel lies within. Mr. LaPierre said this property lies within the Hunter Tannersville School District. Board member Mr. LaPierre is a neighbor on Deming Road. He also noted from memory a well that was drilled several years ago; Mrs. Brooks will look for it.
Mrs. Brooks said no construction is proposed, and will provide a note on the plat that says, “No Building Permits should be issued without DEP notification or septic approval.” She said she would speak to Mary Ellen Cariseo from the DEP to get specifics on this.
Ms. Bernard said that the Lead Agency letters would need to go out by Tuesday to NYCDEP and the Greene County Planning Board – because it borders two towns it needs a 239 Form, including a copy of the map and a copy of the application. This timing would be perfect for the date of the next meeting of the Planning Board, October 6th. The Board can then set the agenda for that meeting to include declaring itself Lead Agency, reviewing the SEQRA, preliminary review of SEQRA 1 and 2, and set the Public Hearing for our November 3rd meeting.
Ms. Bernard asked for a motion to accept the application. Ms. DeLong so motioned, Mr. LaPierre seconded the motion, and it carried unanimously.
Agenda Item 5: Stamos Zades Estate at 414 Van Road (109.42 acres), Tax ID No. 145.00-5-3 and 392 Van Road (3.6 acres), Tax ID No. 145.00-5-2, Jewett, NY: Rural Conservation Zoning District, both located in the Hunter Tannersville School District.
Mr. Vanucchi had contacted Mrs. Epstein saying he had to make corrections to the plat, and wondered whether the Chair or Assistant Chair could sign the corrected plats. Mrs. Epstein invited Mr. Vanucchi to come before the Planning Board and explain the changes. Mr. Michael LaVocca, who had come before on his wife’s behalf arrived instead.
Mr. LaVocca said once he took it to his attorney, the attorney noticed that one side of the map lacked the coordinates. The Planning Board compared the new maps to the old ones, and satisfied itself that the changes had been made as Mr. LaVocca said. The new maps were signed by Chair Bernard: A new copy and an old copy were held for the file, and dated September 4, 2016 and July 7, 2016 respectively, and labeled accordingly.
A motion was made to accept the revised plans of those that were originally accepted at the July 7th 2016 meeting, noting that the changes did not affect the Planning Board’s original ruling. Mr. LaPierre made the first motion and Ms. DeLong seconded the motion, which was unanimously approved.
Agenda Item 6: Scott Lane for Application for Site Plan Approval for JJ Farber Farm, LLC, located at 2626 Route 23C, East Jewett, NY; Tax Map ID No. 131.00-1-22.1: Zoning District: Rural Residential
Mr. Scott Lane received a detailed letter from the NYCDEP requesting more details on the plat. He provided these, and mailed them into the Planning Board. The new plans were reviewed and signed by Mrs. Susan Epstein as Assistant Chair. A copy was preserved for the file and the rest put back in the envelope in the Planning Board mailbox for Mr. Lane to pick up. She then prepared a Notice of Action and made copies for the file, Mrs. Carl, Mrs. Bower, the Building Inspector, and the Supervisor. Ms. Bernard told Mrs. Epstein she would not have to send one to DEP, as Mr. Lane has already taken care of that.
Agenda Item 7: Bruce Maben for Subdivision Application-Sketch Plan Review for Donald Miller estate located at 877 Merwin Street, Jewett, NY; Tax Map ID No. 110.00-7-2.1: Zoning District: Rural Residential
Mr. Maben arrived tonight with Mrs. Miller. He spoke with Ms. Cynthia Garcia of the DEP, who questioned the presence of brooks on the property. Mr. Maben placed the brooks on the map, and commented that both brooks are drier than a cork, there’s no water in either of them. Ms. Garcia also questioned the acreage, which had never officially been filed. Mr. Maben informed her that he is a surveyor, he computed the acreage, which had never been computed, except by the tax department and that the parcel had never before been filed as surveyed until now, because there is no law in NYS that surveys have to be filed. He noted that DEP is trying to fit things together, and that they do very well. The change of acreage caused one person’s taxes to go up by five or six acres, and another person’s go down. Mr. Maben added the electric line, the wells, the septic, and the houses. He explained the flag lot area and said she seemed pretty well satisfied when he got done talking to her. He has also provided a note on the plat that says that before anything can be built the DEP will have to approve it. He asked to be placed on the agenda for next month, and to hold the Public Hearing.
Ms. Bernard said that for that to happen, the Planning Board would need to do some work tonight. She asked Mr. Maben to send Mrs. Garcia the revised copy, which he promised to do. She said the Board would now approve the Sketch Plan, declare itself Lead Agency, review the SEQRA for this Unlisted Action, and set the Public Hearing for October 6th at 8:00 p.m. The property would need to be posted by September 23rd. Mrs. Miller asked for a new copy of the letter to be sent out, and Mrs. Epstein provided one.
Mr. Kroyer made the motion to declare the Town of Jewett Planning Board as Lead Agency for this unlisted action. Ms. DeLong seconded the motion, which carried unanimously.
Mr. LaPierre made the motion to accept this Sketch Plan Application as edited to accommodate the suggestions made by the DEP, including the note on the plat that nothing can be built without DEP septic approval; Ms. DeLong seconded the motion, which carried unanimously.
Ms. Bernard asked Mr. LaPierre to read aloud Part 1 of the SEQRA for Board review. The answer to Question 13A was changed from “No” to “Yes” to reflect the presence of brooks noted by the electronic mapper system. Applicable comments are noted on the last page of the SEQRA. Mr. Maben has now delineated the presence of two class three brooks on the survey map.
The Board filled out Part 2 of the SEQRA, which Ms. Bernard read aloud. Nothing was found to have any significant impact, so Part 3 was unnecessary to fill out. Ms. Bernard checked the box that nothing significant was found, and signed and dated the SEQRA.
Mr. LaPierre made a motion to give the SEQRA a Negative Declaration, which was seconded by Ms. DeLong, and carried unanimously.
Mrs. Epstein completed the Negative Declaration form. She made Mr. Maben a copy of Part 2 for his records.
Agenda Item 6: Report from Greene County Planning Board representative Cindy LaPierre, as presented by Mr. LaPierre.
The Town of New Baltimore wrote a new Comprehensive Plan and Zoning amendment. Changes in Zoning include the deletion some commercial zoning; clarification of lot sizes in RA district as two acres minimum; providing additional details for parking requirements in various uses; additional provision in sign regulation for digital signs; language changes from Planning Board “shall require” to “may require,” and what was mandatory to “guiding principles” in conservation subdivisions; and the addition of a new industrial district between Route 9W and the NYS Thruway; and a new developmental multi-residential district at the southern end of town east of the Thruway.
The Town of Jewett submitted a Site Plan for the replacement of two existing buildings at the JJ Farber Farm with one new structure and relocation of an existing barn. The current use of the barn for the sale of farm products will be continued in the new structure. JJ Farber Farm sells feeder calves and finished beef; cuts of meat are for sale at the farm.
Agenda Item 9: Other business:
Mr. LaPierre will not be present at next month’s meeting.
Mr. Kroyer learned of an application in the subdivision law of another town called “One Cut” which allows for the splitting of a parcel without the expense of pursuing a subdivision in cases regarding estate planning or similar circumstances. The Board thought this sounded like a good idea, and Ms. Bernard asked Mr. Kroyer to research it further.
The next meeting of the Planning Board will be October 6th at 7:30 p.m.
Mr. LaPierre motioned to adjourn the Planning Board meeting at 9:10 p.m. The motion was seconded by Ms. DeLong, and carried unanimously.
Respectfully,
Susan H. Epstein, Clerk
____________________________
Donna Bernard, Chair
Added: August 04, 2016
Draft Copy Subject to Revision
Agenda Item 1: The meeting was called to order at 7:30 p.m.
Roll Call: Chair: Donna Bernard
Present: Paul LaPierre and Greg Kroyer
Absent: JoAnn DeLong and Marianne Romito
Agenda Item 2: Approval of the Minutes of July 7, 2016
Mr. LaPierre motioned to accept the July 7, 2016 minutes as amended; Mr. Kroyer seconded the motion, and it carried unanimously.
Agenda Item 3: Report by Town Board Liaison Nathan Miles
Mr. Miles could not attend tonight.
Agenda Item 4: Bruce Maben for Subdivision Application-Sketch Plan Review for Donald Miller estate located at 877 Merwin Street, Jewett, NY; Tax Map ID No. 110.00-7-2.1: Zoning District: Rural Residential
Mr. Maben said to pursue the Subdivision Application as planned, along with the Schlossen parcel as a flag lot. He said he provided all that the Planning Board requires on the plat. Mr. Maben has added the well and house to the Schlossen parcel, and put on the plat a note that before a structure can be built, approval will needed from the DEP.
Ms. Bernard said that the letters declaring Jewett’s intention to be Lead Agency were mailed by July 11th; the Board needs to wait thirty (30) days to hear from interested parties, therefore it cannot declare itself Lead Agent until August 9th. Ms. Bernard asked Mrs. Epstein to call Mr. Maben after August 9th, once it is known whether other interested parties have any conflict with Jewett taking Lead Agency.
The Public Hearing will be scheduled for the next meeting of the Planning Board on September 1st at 8:00 p.m. Mrs. Epstein had given Mr. Maben the necessary paperwork at the last meeting of the Planning Board on July 7th. Ms. Bernard said that the Board would then declare itself Lead Agency, declare this an unlisted action, review the SEQRA, hold the Public Hearing, and collect the fees for the Sketch Plan and a three-lot subdivision.
Agenda Item 5: Scott Lane for Application for Site Plan Approval for JJ Farber Farm, LLC, located at 2626 Route 23C, East Jewett, NY; Tax Map ID No. 131.00-1-22.1: Zoning District: Rural Residential
Mr. Scott Lane brought new plans to which he had added the sewer, he said. He checked with Mr. Rappleyea on last month’s question of whether this could proceed as a simple Site Plan Approval or whether a Special Use Permit would be needed. Ms. Bernard and Mrs. Epstein were copied on this email. Mr. Rappleyea recommended that this remain a simple Site Plan Review because the building they are replacing was pre-existing and its use remains the same. A 239 form will need to be sent to the Greene County Planning Board both because this is an Agricultural District and it lies within five hundred feet (500’) of State Route 23C.
The Planning Board reviewed the checklist for the Site Plan Approval with the plat spread before it. Name of project, name and address of application, contact information, and person preparing the Site Plan have been provided. Evidence is complete for all interested agencies: in this case the Greene County Planning Board for the 239 Review. The north arrow, scale, location map, and legend are included. Boundaries are drawn to scale.
At this point, Mr. Lane said that out of the seven hundred and one (701) acres the farm occupies, he has only illustrated the area pertinent to this project. There are no easements, no deed restrictions, the East Kill is the only watercourse, and it lies across State Route 23C from the project. No topography is illustrated the land is level, and no grading necessary.
The proposed use and height of all buildings met Planning Board approval last month. The parking and loading areas are pre-existing with the addition of the space they will gain from demolishing the existing beef and sale barn after the new one is built. The new building is an improvement over the old building. All buffer zones, vegetation, et cetera, are already in place.
There will be addition of new 100W lighting, illustrated as squares on the sides of the new building. All lighting is downward facing, and a diagram of the lighting to be used is included on the page detailing the sewer system.
The Planning Board reviewed the SEQRA tonight and gave it a Negative Declaration. The property hosting the project does rest in a one-hundred (100) year floodplain, but that is across State Route 23C. The project area sits above the one-hundred year floodplain. A small local cemetery adds a historical dimension to the property, but this too is uninvolved in the project area.
Ms. Bernard called for a motion to accept this Site Plan Approval as presented on the condition that the Planning Board does not hear any outstanding evidence that will affect its decision from any other agencies. Mr. LaPierre made the motion, which was seconded by Mr. Kroyer, and subjected to a Role Call Vote: Ms. Bernard – aye; Mr. Kroyer – aye; and Mr. LaPierre – aye.
Agenda Item 6: Aris Kourkoumelis for property located at 1039-1077 Goshen Street, Jewett, NY: Tax Map ID No. 111.00-5-6: Zoning District: Rural Residential. Preliminary look at potential Cluster Development turning use of property from previous tennis camp into townhouses.
Mr. Kourkoumelis, introduced himself as an attorney from Queens working as a law clerk at the Court of International Trade. He has partnered with another attorney whose expertise is finance. The two partners are still developing their ideas, and Mr. Kourkoumelis came tonight to flesh out ideas on what might be possible to do with this property in Jewett. He brought maps illustrating that the property is enclosed on three sides by DEP on its side of the street.
The property consists of eleven and eighty-five hundredths (11.85) acres. Mr. Kourkoumelis said there was no previous subdivision. Ms. Bernard had information off the Greene County GIS, which seemed to indicate that a subdivision map was filed in 2002 and 2010. She thought it had previously been a four-lot subdivision. Mr. Kroyer reviewed the map, and thought that if it had been subdivided, it was to sell the surrounding property to the DEP.
Mr. Kourkoumelis said they were considering removing the existing cabins and building thirty units with garages in three to five townhouses. He foresees a market for young millennials who want this type of vacation home and brought several articles with him perusing this point. There are approximately fifteen cabins now, and some are tenanted.
Ms. Bernard asked Mr. Kourkoumelis if he had received and read the Town of Jewett’s Cluster Development regulations. He indicated he had received Cluster Development as Article 5 of the Zoning Laws. Ms. Bernard said that Jewett’s approach to Cluster Development was intended to preserve the aesthetic of the town integrally with the Town’s Comprehensive Plan. To this end, applicants must first file an application for a subdivision – in this case it would need be a four-lot subdivision (two and a half acres in Rural Residential zoning) – and then show the cluster development with the same number of residences. Four residences are significantly fewer units than the partners were considering.
Mr. Kourkoumelis said they have no financing at this moment, and would need to show greater profit potential than four residences in order to obtain it. Mr. Kourkoumelis wondered whether he could obtain a variance for more units. Mr. Kroyer asked how many units? Mr. Kourkoumelis thought it over, and replied fifteen. Mr. Kroyer pointed out that the overall density could not exceed the existing demographic of the neighborhood.
Mr. Kourkoumelis said that with the DEP property bounding three sides of his parcel there were no neighbors; he thought that should get him a Zoning Variance more easily. Ms. Bernard located twelve abutters to his property across the street. Mr. Kourkoumelis said those neighbors had given his ideas good feedback.
Mr. Kroyer noted that the existing cabins are grandfathered in. Mr. LaPierre said that with the buildings that are grandfathered in, Mr. Kourkoumelis could rebuild on the existing footprints of the cabins and gain space by adding a second story. Mr. Kourkoumelis doubted he could obtain financing to rebuild on the footprints of the existing buildings. Mr. LaPierre suggested that the partners approach local lenders who would be happy to work with them. Mr. Kourkoumelis said that to demolish sixteen units to construct four would affect his profits, and that instead they would keep on renting as they have been doing and make improvements slowly. The Board commented that cleaning up that property would be good for the town, and noted that other uses, such as Storage units had been allowed as Special Permit Use in other areas of the town. Another possibility for him might be to talk to the Town Board. These ideas Mr. Kourkoumelis can discuss with Mr. Rappleyea.
Mr. Kourkoumelis emphasized his belief that Cluster Development in essence trumps that of the original zoning. Ms. Bernard explained that Jewett’s cluster development law was designed to create and maintain open spaces to accommodate the rural character of the town. She suggested that Mr. Kourkoumelis review Jewett’s Cluster Development law and to read the town’s Comprehensive Plan, and then communicate directly with town attorney Mr. Rappleyea who would best be able to answer his questions. She gave to Mr. Kourkoumelis the town attorney’s contact information, and said that she hoped to see him in September.
Agenda Item 7: Richard Brooks of Brooks and Brooks for Charles B. Slutzky, David Slutzky, and Orvet Family LLC, for Sketch Plan Application for property located at State Route 23 and Deming Road: Tax Map ID No. 163.00-2-18.1: Zoning Districts Conservation and Rural Conservation, 168.91 acres.
Mr. Brooks brought survey maps for Planning Board review. He said the Slutzky families are transferring forty acres to Hunter Mountain Base Lodge which now holds all the corporate. They are cleaning up the area legally, and the remainder will be held by the family. Parcel A holds the acreage to be transferred over, complicated by the fact that some of the parcel lies within the Town of Hunter. Mr. Brooks said that would be regarded as two separate tax parcels. His question to the Planning Board was whether this situation could be dealt with via Altered Lot Line or Boundary Lot Line Adjustment. Ms. Bernard said that Mrs. Bower, the Tax Assessor deals with the Altered Lot Line. Mr. Kroyer thought this application appeared best handled by the minor subdivision application. Ms. Bernard suggested Mr. Brooks talk to Mrs. Bower prior to coming before the Board for the subdivision application.
Ms. Bernard noted that the Greene County GIS identified the acreage as consisting of one hundred sixty five and six tenths (165.6) acres. Mr. Brooks said he surveyed one hundred sixty eight and ninety-one hundredths (168.91) acres.
Ms. Bernard said to be prepared for a two-lot subdivision with a Minor Subdivision Application, and to be sure to accurately delineate school district lines. The information on the SEQRA will need to be changed to read “Two-lot subdivision.” Mr. LaPierre and Ms. Bernard noted that a barn and house belonging to Mr. Paul Slutzky are pre-existing and already listed on the plat.
Mr. Brooks said that he will be coming before the Board again soon on behalf of the Slutzky families who will be applying for a two-lot and a three-lot subdivision.
Agenda Item 8: Report from Greene County Planning Board representative Cindy LaPierre, as presented by Mr. LaPierre.
The Greene County Planning Board had no quorum this month.
Agenda Item 9: Other business: Personnel
The Planning Board declared Executive Session.
The Planning Board came out of Executive Session at 9:43 p.m.
The next meeting of the Planning Board will be September 1st at 7:30 p.m.
Mr. LaPierre motioned to adjourn the Planning Board meeting at 9:54 p.m. The motion was seconded by Mr. Kroyer, and carried unanimously.
Respectfully,
Susan H. Epstein, Clerk
____________________________
Donna Bernard, Chair
Added: July 07, 2016
Agenda Item 1: The meeting was called to order at 7:30 p.m.
Roll Call: Chair: Donna Bernard
Present: JoAnn DeLong, Paul LaPierre, and Greg Kroyer
Absent: Marianne Romito
Agenda Item 2: Approval of the Minutes of June 2, 2016
Mr. LaPierre motioned to accept the June 2, 2016 minutes as amended; Ms. DeLong seconded the motion, and it carried unanimously.
Agenda Item 3: Report by Town Board Liaison Nathan Miles
Mr. Miles was not present tonight.
Agenda Item 4: Public Hearing for Stamos Zades Estate at 414 Van Road (109.42 acres), Tax ID No. 145.00-5-3 and 392 Van Road (3.6 acres), Tax ID No. 145.00-5-2, Jewett, NY: Rural Conservation Zoning District, both located in the Hunter Tannersville School District.
The Public Hearing was called to order at 8:03 p.m. Richard and Dierdre Samuelsen appeared before the Planning Board. They had sent a letter in advance explaining that they own Tax ID parcels 145.00-5-7 and 145.00-5-8 under the name of Murial Acres, LLC. Their properties are landlocked. He was hoping to meet Mr LaVocca to discuss the possibility of an easement to access his property from Van Road. Their lands border those of the Stamos Zades estate on the opposite side of the creek. Ms. Bernard explained to them that their particular concern is not Planning Board business tonight; Planning Board business tonight is concerned strictly with this subdivision as a way to divide the property fairly among the heirs. Mr. Samuelsen said that he has no problem with the family dividing the property. He had hoped to meet Mr. LaVocca to discuss his problem, and Mr. LaVocca agreed to talk with him.
A motion to close the Public Hearing was made by Ms. Bernard at 8:20 p.m. and Mr. LaPierre seconded the motion, which carried.
Agenda Item 5: Stamos Zades Estate at 414 Van Road (109.42 acres), Tax ID No. 145.00-5-3 and 392 Van Road (3.6 acres), Tax ID No. 145.00-5-2, Jewett, NY: Rural Conservation Zoning District, both located in the Hunter Tannersville School District.
Ms. Bernard summarized the process of this Subdivision application. All letters notifying interested parties of the Town of Jewett Planning Board’s intention to be Lead Agency had been sent out, including the 239 Form due to the property’s adjoining the border of the Town of Lexington. Hearing no concerns, the Planning Board appointed itself Lead Agency for the SEQRA Review, declared this an unlisted action, and provided a Negative Declaration to the DEP. Ms. Bernard asked if anyone on or before the Planning Board had any further information to offer. Hearing none, she asked for a motion to approve this Minor Subdivision and called for a Roll Call Vote.
Mr. LaPierre made the motion, which was seconded by Ms. DeLong: Donna Bernard – aye; Ms. DeLong – aye; Mr. Kroyer – aye; and Mr. LaPierre – aye.
The Planning Board Decision form was filled out and copies provided to the Town Clerk, the Code Enforcement Officer, the Supervisor, the Assessor, and the file.
Agenda Item 6: Bruce Maben for Subdivision Application-Sketch Plan Review for Donald Miller estate located at 877 Merwin Street, Jewett, NY; Tax Map ID No. 110.00-7-2.1: Zoning District: Rural Residential
Mr. Maben came in with Carolyn Miller regarding the subdivision of the property she shared with her late husband Donald Miller. He provided an Application for Subdivision Sketch Plan Review, the list of abutting property owners, and the plat.
The parcel is being subdivided into three lots with a little over two and sixty-five hundredths of an acre being given to Judith Schlossen, who owns a grandfathered, non-conforming, and previously subdivided parcel situated awkwardly in the midst of the surrounding land. The land given to her can bring her existing parcel into conformity with the current Zoning law through an Altered Lot Line Application, which the Assessor can take care of.
Mr. Maben has plotted the land being given in the shape of a flag lot, which has supporting language in the Town of Jewett Subdivision Regulations of August 11, 2004, Flag Lot Law – Section 4.H.1. “A Flag lot may be approved only after determination by the Planning Board that due to topography, natural conditions, location or configuration of the land, or due to a previous subdivision, it is the only reasonable option for use of the land.”
The Board reviewed the road frontage on the plat, and each parcel has sufficient for Jewett requirements. Any pre-existing structures, wooded and/or wet areas, utilities and easements (if any), and topography need addition to the plat.
Mr. Maben agreed to pay the fee for the Sketch Plan Review and three-lot Subdivision application at the August 4th meeting. Mrs. Epstein will get the letters out declaring Jewett’s intention for Lead Agency in the mail on Monday, which allows adequate timing to receive any replies enabling the Planning Board to schedule the Public Hearing for the meeting of September 1, 2016 at 8:00 p.m.
Agenda Item 7: Scott Lane for Application for Site Plan Approval for JJ Farber Farm, LLC, located at 2626 Route 23C, East Jewett, NY; Tax Map ID No. 131.00-1-22.1: Zoning District: Rural Residential
Mr. Scott Lane appeared before the Planning Board on behalf of JJ Farber Farm, LLC, applying for a Site Plan Review. He provided the Site Plan application, the application for DEP review of the proposed septic, the plans, and a letter of representation. Farber Farm is planning to replace an existing horse barn with a beef sales structure containing an office and an apartment above the sales facility. A second adjacent building will be removed once this one is finished. The finished building will have the motif of the surrounding barns, thereby improving the appearance of the property. September 1, 2016 is the anticipated construction time. Mr. Lane expects to have DEP approval for the septic before the next meeting of the Planning Board.
Recalling the TREC application of a few years ago, Ms. Bernard wondered whether Mr. Lane would need to pursue a Special Use Application for the office and apartment. She asked Mr. Lane to check with Mr. Rappleyea. It appears an apartment is already there, possibly with a pre-existing Special Use Permit; because this is an Agricultural District, it might be exempt. Mr. Lane promised to send PDFs of the Site Plan to Mr. Rappleyea and Cc: Ms. Bernard on correspondence received regarding the Special Use Permit question.
Ms. Bernard asked Mr. Lane to go online to www.townofjewett.org and download the Site Plan application for the second page of requirements to assure that everything that needs to be illustrated on the design plans is in place. Mr. Lane believes he has everything requested illustrated, including the downward facing lighting. He had not included the topography, he said, because the area is flat, with less than a foot of grading difference from the road.
Mr. Lane inquired about the time frame for the Planning Board. Ms. Bernard said that the question regarding the Special Use Permit needs to be addressed, and that a 239 form would need to be filed with the GCPB. Their meeting is held the second Wednesday of each month, so to get that in ahead of time would be critical to the process. Mr. Lane said that he would call Mr. Diamonte by August 4th. August 4th is the next meeting of the Planning Board, and if a Public Hearing is needed for a Special Use Permit that could be arranged for September 1st.
The fee for this application was put off until next month as the Planning Board has not yet formally accepted this application.
Agenda Item 8: Report from Greene County Planning Board representative Cindy LaPierre, as presented by Mr. LaPierre.
In the Town of Catskill a Special Use Permit was sought to use an existing concrete block structure located in Leeds for an electrical company. The building has previously been used as a garage, restaurant, spa, and tanning salon. The GCPB approved the application.
In the Village of Athens an area variance was sought for the construction of a deck, which would be closer to the property line of the County Senior Center than the code allows. The GCPB approved this as a local decision.
The Town of Greenville created a Zoning amendment to establish standards for solar arrays, which the GCPB approved. Permitted Zoning areas were defined, as well as the height and mounting of the solar arrays.
In the Town of New Baltimore an area variance was sought for a ground mounted solar system on County Route 51. The GCPB approved this as a local decision.
Agenda Item 9: Other business: Code Review
Ms. Bernard complimented Paul LaPierre and Greg Kroyer in joining her as diligent Code Review Committee members. All the proposed changes came from this group out of their direct experience on the Planning Board. Ms. Bernard expects the Planning Board review of the recommended changes on the Code Review to go quickly, and she prepared a draft of Article 9 in advance, which she will update after tonight’s discussion for the Town.
The first item on the list was the Guest House revision, adding clear definitions for Mezzanine, loft, and story. The Planning Board approved of these.
Under the topic of ECHO housing for elder care, the question arose as to why the definition is for temporary use? Ms. Bernard said that ECHO is part of the federal housing act and that NYS has approved this on the state level for all counties. “Temporary” is the language used; Jewett is keeping their approach in line with the state law. When the use for the temporary housing is over, it must be removed from the property.
However, the Code Review Committee added flexibility into the existing Guest House law, that for someone who already owns a Guest House, and a family member becomes disabled, they could apply for a Special Use Permit that would allow for that Guest House to become an elder cottage to house the disabled person plus a caregiver. When the need for the elder cottage was over, they could come back to the Planning Board and re-instate the Special Use for Guest House. This was approved by the Planning Board.
A definition of Studio was approved as an addition to the zoning definitions. Mr. LaPierre, at this stage, wanted to strike the phrase “single piece basis,” and the Planning Board agreed.
Cul-de-sac was redefined to add flexibility to new incoming subdivisions. The Planning Board agreed with this.
The term “Mass Gatherings” was added to the Public Assembly law as support language (refer to NYSDOH Part 7); it becomes “Public Assembly/Mass Gatherings.” After consultation with Mr. Rappleyea, it was decided to leave the existing law as written with only minor edits. Ms. DeLong recalled the problem with garbage pickup after the events at Hunter Mountain, and Ms. Bernard said that sanitation language is covered in the NYSDOH’s Article 7. Ms. DeLong found spelling errors in the original document and pointed them out for correction. This was approved by the Planning Board.
Shared Driveways is a new addition to the definitions of the Subdivision regulation, along with an easement and road maintenance agreement from Mr. Rappleyea. This was approved by the Planning Board.
The definition for wetlands was copied and placed in the zoning definitions at the end of the Code. This was approved by the Planning Board.
The request for identifying School Districts was added to the applications for Boundary Lot Line Adjustment and Altered Lot Line Adjustment applications. This was also added to check lists and applications wherever else pertinent, including Planning Board applications, Special Use Permit check lists, steps in applying for SUP checklists, and applications for Major and Minor Subdivisions. All were approved by the Planning Board.
A new amendment has been proposed to Zoning for residential solar energy based on Mr. Rappleyea’s recommendation, and NYS Solar Regulation to use the Town of Maybrook as a template. This was approved by the Planning Board.
Timber Harvesting was removed from Zoning Code 165 and presented as a standalone ordinance with clear rationale, an applicant check list and harvesting plan and an additional application to NYS DOT or GC DPW if logging occurs off state or county roads. This was approved by the Planning Board.
The next meeting of the Planning Board will be August 4th at 7:30 p.m.
Mr. LaPierre motioned to adjourn the Planning Board meeting at 10:00 p.m. The motion was seconded by Mr. Kroyer, and carried unanimously.
Respectfully,
Susan H. Epstein, Clerk
____________________________
Donna Bernard, Chair
Added: June 02, 2016
Agenda Item 1: The meeting was called to order at 7:30 p.m.
Roll Call: Chair: Donna Bernard
Present: JoAnn DeLong, Paul LaPierre, and Greg Kroyer
Absent: Marianne Romito
Agenda Item 2: Approval of the Minutes of May 5, 2016
Mr. LaPierre motioned to accept the minutes as amended; Mrs. DeLong seconded the motion, and it carried unanimously.
Agenda Item 3: Report by Town Board Liaison Nathan Miles
Mr. Miles was not able to be in attendance tonight.
Agenda Item 4: Stamos Zades Estate at 414 Van Road (109.42 acres), Tax ID No. 145.00-5-3 and 392 Van Road (3.6 acres), Tax ID No. 145.00-5-2, Jewett, NY: Rural Conservation Zoning District, both located in the Hunter Tannersville School District.
Mr. LaVacca had not planned to attend tonight, but when he arrived, the Planning Board spoke with him. Mr. LaPierre asked whether Mr. LaVacca had spoken to Mr. Vanucchi about the conflict of information about the roads (Road 104 versus Road 119) he noticed in the roads on the old deed. Mr. LaVacca said Mr. Vanucchi did not know. Mr. Kroyer suggested it could be a telephone pole number appearing in the survey. Ms. Bernard went into the CEO’s office where a map delineated those old roads and found No. 104, but not No. 119. The Board speculated that it could be the road number on the Town of Lexington side.
Mr. LaVacca had an electronic copy of the paperwork proving that the private roadway was dedicated, but not deeded to the Town of Jewett. This was the proof the Planning Board had asked for that Lot 2A is indeed contiguous with Lot 2 on the plat. Mr. LaVacca sent Mrs. Epstein the electronic copy to print out for the record. Mr. Vanucchi had telephoned Mrs. Epstein inquiring about the legend to place on the plat; it will read the same, that is, that the roadway is dedicated, but not deeded to the town.
Regarding the progress of the Lead Agency letters sent out, Ms. Bernard said that Greene County Planning Board sent back a letter stating they have no jurisdiction in the matter, and that the Jewett Planning Board did receive a letter from DEP concerned with Mr. Vanucchi’s answers in the affirmative to questions 10 and 11 on Part 1 of the short form SEQRA he provided. Mr. LaVacca said the wording of the question had confused Mr. Vanucchi and himself. The Board reviewed the questions and changed them to answer “No” instead of “Yes.” Mrs. Epstein will reply to the DEP explaining the change.
Mr. LaPierre motioned to declare this an unlisted action and to name the Jewett Planning Board as Lead Agency. Mrs. DeLong seconded the motion, and it carried unanimously. The Board reviewed Part 2 of the SEQRA and gave it a Negative Declaration, so no need exists to review Part 3. Mrs. Epstein will include this in her letter to the DEP.
The Public Hearing for Stamos Zades will occur at 8:00 p.m. on July 7th. Mrs. Epstein has already given Mr. LaVacca his paperwork and she will post the Legal Ad for the June 23rd issue of the Windham Journal.
Agenda Item 5: Report from Greene County Planning Board representative Cindy LaPierre, as presented by Mr. LaPierre.
The GCPB lacked a quorum, so no meeting was held.
Agenda Item 6: Other business
Ms. Bernard had not heard whether the Town Board had yet begun discussing the work of the Code Review Committee.
The next meeting of the Planning Board will be July 7th at 7:30 p.m.
Ms. Bernard motioned to adjourn the Planning Board meeting at 8:30 p.m. The motion was seconded by Mr. LaPierre, and carried unanimously.
Respectfully,
Susan H. Epstein, Clerk
____________________________
Donna Bernard, Chair
Added: May 05, 2016
Agenda Item 1: The meeting was called to order at 7:30 p.m.
Roll Call: Chair: Donna Bernard
Present: JoAnn DeLong, Paul LaPierre, Greg Kroyer, and Marianne Romito
Agenda Item 2: Approval of the Minutes of April 7, 2016
Mr. LaPierre motioned to accept the minutes as written; Mrs. DeLong seconded the motion, and it carried unanimously.
Agenda Item 3: Report by Town Board Liaison Nathan Miles
Mr. Miles was not able to be in attendance tonight.
Agenda Item 4: Clarence and Jeanne Soule of 513 County Route 17, Jewett, NY, Tax ID No. 1291.00-5-6 consisting of 3.8 acres, and 443 (445) County Route 17, Jewett, NY, Tax ID No. 129.00-5-7.112 consisting of 10.1 acres, for a Boundary Lot Line Adjustment.
Mr. Soule brought several copies of the survey done for him by Mr. Bruce Maben, the Boundary Lot Line Adjustment application, and copies of the deeds for both parcels. Mr. Maben put reference to where the deeds are filed in the legend on the plat. Mr. Soule said that he owns both parcels, and that this Boundary Lot Line Adjustment will serve two purposes: he put a generator in, and this will bring the generator back on to his own property, and he is considering a potential future need for improving his septic system and leach field.
The land to be adjusted is easy to see on the map. Approximately fifty-nine one hundredths of an acre (0.585 acres, actual) is being conveyed to Tax Map No. 129.00-5-6, creating a new acreage of approximately four and four tenths acres (4.402 acres, actual), from Tax Map No. 129.00-5-7.112, resulting in a new acreage of approximately nine and a half acres (9.517 acres, actual).
The Planning Board determined that all necessary paperwork had been received, and Mr. LaPierre made a motion to accept this application for a Boundary Lot Line Adjustment. The motion was seconded by Mrs. DeLong, and subjected to a Roll Call Vote: Ms. Bernard – aye; Mrs. DeLong – aye; Mr. Kroyer – aye; Mr. LaPierre – aye; and Mrs. Romito – aye.
Ms. Bernard signed the maps for Mr. Soule, and he left.
Agenda Item 5: Stamos Zades Estate at 414 Van Road (109.42 acres), Tax ID No. 145.00-5-3 and 392 Van Road (3.6 acres), Tax ID No. 145.00-5-2, Jewett, NY: Rural Conservation Zoning District, both located in the Hunter Tannersville School District.
Mr. LaVocca had a discussion with Mr. Vanucchi, whom the Planning Board was expecting to show up and explain his survey. The one and seventy-nine hundredths of an acre (1.79 acre) lot labeled “Lot 2A” had initially puzzled the Board; the northern boundary of the current survey does not match the Greene County Tax Parcel Map as it appears online. The Board sought greater accord with the tax parcel map, but Mr. Kroyer pointed out that the survey takes precedence over the GIS map. There are also five (5) acres toward the bottom of the property that people in living memory agreed belonged to Mr. Zades, but Mr. Vanucchi found no documentation for. That acreage, plus the acreage of the roadway which the Zades estate still owns, exactly make up the difference of the acreage that Mrs. Epstein found with the Greene County Online Tax Maps while typing up last month’s minutes.
In last year’s email to the Planning Board, after reviewing Mr. Vanucchi’s survey, Mr. Rappleyea had recommended an application for a subdivision with a variance by the Zoning Board of Appeals. Mr. Vanucchi was now pressing Mr. LaVocca to approach the ZBA for a variance, after suggesting last year that it be considered a Boundary Lot Line Adjustment.
On the survey there is a narrow band along the roadway that makes Lot 2A contiguous with the larger parcel. Mr. LaVocca stated that he has documentation proving that although the roadway was dedicated to the Town of Jewett, Stamos Zades kept ownership of the land. The Zades have also been paying taxes on the larger amount of acreage recorded in the County Tax Office. Mr. Vanucchi opined to Mr. LaVocca that the roadway kept Lot 2A from being contiguous with the bulk of the estate, but the Planning Board reasoned the opposite; Stamos Zades’s ownership of the road makes Lot 2A contiguous. The Board asked Mr. LaVocca to bring a copy of the paperwork proving the Zades’s ownership of the road to support its reasoning. If supported, Mr. LaVocca would not need a variance, which he does not wish to pursue. Ms. Bernard suggested that wording be placed on the survey map clarifying the family’s dedication of the road, which it still owns, to the Town of Jewett.
During this discussion, Ms. Bernard asked Mr. LaPierre to review the Deed and the survey to find where the survey begins. He noted something that Mr. Vanucchi may have missed. The Deed clearly states that it starts at “Route or No. 119” never mentioned in Vanucchi’s survey. Vannuchi instead notes a Route No. 104. The Planning Board surmised that this might have been an old logging road that has been reclaimed by the wilderness, or because that part of the property falls on the boundary of the Town of Lexington, the road might have a different name than the Town of Jewett gave it.
Ms. Bernard created a tentative timetable for the process of this application. The Planning Board should have heard from anyone contesting the Lead Agency letters sent out for the SEQRA by May 11th. Mr. LaVocca said that he will be attending his daughter’s graduation and wanted to move the Public Hearing from June into July. Ms. Bernard asked him to provide the paperwork requested by the Board by June 20th allowing all parties time to publish information for the upcoming Public Hearing. On this timetable the Public Hearing will be scheduled for July 7th at 8:00 p.m. Mrs. Epstein will publish a legal notice of this event in the June 23rd edition of The Windham Journal.
Agenda Item 6: Report from Greene County Planning Board representative Cindy LaPierre, as presented by Mr. LaPierre.
The Town of Catskill sought a Use Variance to change an existing commercial property into two single-family dwellings on Main Street, Leeds. Also, an Area Variance is sought regarding the subdivision of the Columbia Memorial Hospital property on South Jefferson Avenue to resolve setbacks and other deficiencies.
In the Town of Coxsackie, an application for an Area Variance/Site Plan/ Special Use Permit would result in the Stewart’s Shop on 9W and the adjacent diner removed for the accommodation of a larger Stewart’s facility.
In the Town of Athens, Northeast Treaters (a pressure treated wood manufacturer) has applied to have approximately nineteen (19) acres it owns in a Rural Residential Zoning District rezoned to Light Industrial-2, which would bring most of its almost thirty-three (33) acres into Light Industrial-2 Zoning. This rezoning is required by NYSDEC as part of the NYS Brownfield project, for which Northeast Treaters completed a DEC authorized cleanup.
In the Town of Cairo, the Town Board is seeking a twelve-month moratorium on permits for solar array farms, which would grant the town time to study the issue and enact appropriate solar farm recommendations. The Greene County Planning Board recommended they make it a six-month moratorium instead, also recommending the definition of solar array farms be amended to limit the applicability of the moratorium to solar array farms.
From the Town of Prattsville a Site Plan was received concerning construction of a new flood safe neighborhood called the Mews at Prattsville, to be developed on Washington Street northeast of the center of Prattsville. The project will include an affordable senior housing facility, multifamily townhouses, and sufficient parking areas.
Agenda Item 6: Other business
Ms. Bernard said that the Code Review Committee finished its review of the laws and turned its recommendations over to the Town Board to consider with Mr. Rappleyea’s presence. Anyone on the Planning or Zoning Boards is welcome to attend, she said. New regulations concern Elder Cottages and Solar as an accessory use modeled upon the Town of Mayfield. Timber Harvesting remained permitted activity with applications to both the CEO and Highway Superintendent as well as Greene County DPW or NYSDOT if applicable. This proposed permit update will be based on personal and non-personal use. Currently, there is an ongoing debate on the use of foresters; they have included this in the Town of Hunter, but the Code Review Committee thought it too expensive to insert into law on the Town of Jewett. What they have done instead is come up with a self-assessment questionnaire and best practice guide working with agroforestry recommendations. Applicants also receive the DEC document for protection of water quality and are required to sign off they received this document. Ms. Bernard feels that the committee’s efforts clarified the rationale of the law nicely and provides tools for environmental protection. The Code review committee also made minor recommendations to language in the Guest House law and included some new definitions.
The next meeting of the Planning Board will be June 2nd at 7:30 p.m.
Mrs. Romito motioned to adjourn the Planning Board meeting at 9:40 p.m. The motion was seconded by Mr. LaPierre, and carried unanimously.
Respectfully,
Susan H. Epstein, Clerk
____________________________
Donna Bernard, Chair
Added: April 07, 2016
Agenda Item 1: The meeting was called to order at 7:30 p.m.
Roll Call: Chair: Donna Bernard
Present: Paul LaPierre, Greg Kroyer, and Marianne Romito
Absent: JoAnn DeLong
Agenda Item 2: Approval of the Minutes of March 3, 2016
Mr. LaPierre motioned to accept the minutes as written; Mr. Kroyer seconded the motion, and it carried unanimously.
Agenda Item 3: Report by Town Board Liaison Nathan Miles
Mr. Miles was not able to be present tonight.
Agenda Item 4: Bruce Maben of 27 Merwin Street, Jewett, NY, Tax ID No. 111.00-1-23 in Hamlet Zoning, and Frieda Siegel Revocable Family Trust, Tax ID No. 111.00-1-27 in Hamlet Zoning for Boundary Lot Line Adjustment.
Mrs. Maben brought the requested tax bill to prove her school district. The lawyers had faxed copies of the deed as is and as it will newly appear. The Planning Board also received a letter of representation and consent from the Siegel’s estate lawyer.
Mrs. Maben brought plans for the Board to review and sign. Siegel begins with 113.5 acres and will end with 112.5792 acres. Maben begins with 0.53 acres and will end with 1.4508 acres. The intended purpose is to expand and improve the Maben’s leach field. The Board checked that everything necessary was represented; it was. Ms. Bernard declared that the 0.92 acres to change ownership lies well within the spirit of the Boundary Lot Line Adjustment Law, as long as both properties remain within the same school district.
Mr. LaPierre motioned to accept the Boundary Lot Line Adjustment of 0.92 acres for Mr. Bruce Maben as per the maps viewed tonight. Mrs. Romito seconded the motion, which was subjected to a Roll Call Vote: Ms. Bernard- aye; Mr. Kroyer – aye; Mr. LaPierre – aye; and Mrs. Romito – aye.
Ms. Bernard signed all copies and one for the file.
Agenda Item 5: Stamos Zades Estate at 414 Van Road (109.42 acres), Tax ID No. 145.00-5-3 and 392 Van Road (3.6 acres), Tax ID No. 145.00-5-2, Jewett, NY: Rural Conservation Zoning District, both located in the Hunter Tannersville School District.
Mr. Michael LaVocca appeared tonight with a letter of representation for himself or Mr. Vanucchi to represent Helaina Zades’ interest in this estate. Mr. Vanucchi prepared the Sketch Plan Review, the Application for Minor Subdivision, and a short form SEQRA. There was an email in the file already from Ms. Zades explaining her father’s wishes describing the property and the intended division between her brother and herself.
There are two parcels. Tax ID No. 145.00-5-2, otherwise identified as 392 Van Road, consists of three and six tenths (3.6) of an acre. Tax ID No. 145.00-5-3, otherwise identified as 414 Van Road, consists of one hundred and nine and forty-two hundredths (109.42) of an acre.*
*Information on acreage herein was gained by Secretary Epstein off the Greene County Tax Map service, and lists the property at 414 van Road as consisting of one hundred and nine and forty-two hundredths (109.42) of an acre, although Mr. Vanucchi on his SEQRA has provided information that this parcel contains ninety-nine and two hundred forty-six thousandths (99.246) acres, leaving a difference of ten and one hundred and seventy-four thousandths (10.174) acres unaccounted for by the secretary at the time of typing the minutes. Likewise the property at 392 Van Road is identified on the Greene County Tax Map as three and six tenths (3.6) acres, and Mr. Vanucchi has provided information on his SEQRA that parcel contains three and eighty-six one hundredths (3.86) acres. Mrs. Epstein cannot reconcile this discrepancy by totaling the acres on Mr. Vanucchi’s map. Mr. LaVocca, however, said that the Zades family had a private road, which they gave to the town. He said that land was still owned by the family. This may account for the discrepancy in the acreage.
The intention of Mr. Stamos O. Zades was to divide approximately one hundred acres of 414 Van Road into near equal parcels for his children. The part that will be divided off of 414 Van Road will be joined to 392 Van Road, so there will remain two existing tax numbers. Looking at the Sketch Plan map, what is identified as Lot 1 and Lot 1A will be part of 392 Van Road, and what is labeled Lot 2A and Lot 2 will remain 414 Van Road. Lot 2A is connected to Lot 2 along a narrow corridor along the Schoharie Creek. The map also illustrates a house and a barn past the cul-de-sac on Lot 2. The well, septic, and leach field belonging to that home need illustration. The topography is illustrated at one hundred foot (100’) intervals. Mr. LaVocca said that no easements exist. The plan contains magnetic north, the Tax Map, the Legend, abutting neighbors, and has been provided a spot for approval and signing by the Planning Board. Mr. Vanucchi’s signature and stamp has been affixed.
Ms. Bernard asked the Board to prepare a list of questions for Mr. Vanucchi to clarify key issues for its understanding. The northern edge of the survey is unclear. Mr. LaVocca said that Mr. Vanucchi said that straight edge was according to an old line of the creek. Alongside that same straight line of the survey, is text reading “Part of Lot 1.” The language is confusing to the Board as the survey was presented: that that is part of the corridor joining Lot 2A to Lot 2. Ms. Bernard requested the survey parcels be colored in or crosshatched so that the Planning Board can review them with greater clarity.
The property falls on the border of the Town of Lexington, requiring that a 239 Form be sent to Greene County. Also the Town of Jewett needs to notify the DEP, Lexington, and Greene County of its intent to declare itself Lead Agency. Mrs. Epstein will prepare mailing to go out no later than Monday. The required thirty-day period ends on May 11th, so that would set the Public Hearing date for June 2, 2016 at 8:00 p.m. at the regular Planning Board meeting which starts at 7:30 p.m.
Mr. LaPierre moved to conditionally accept this Sketch Plan application as presented pending a clear definition of Lot 1 and Lot 2, especially showing that Lot 2A is contiguous with Lot 2. Mrs. Romito seconded the motion, and it carried unanimously.
Mr. LaVocca paid the Sketch Plan fee and the Minor Subdivision fee tonight as recorded in the file. Mrs. Epstein gave him the Public Hearing sign, notice of Sign Posting, and form letter to be sent out to the neighbors. He will be put on the agenda for May 5th, and Mr. Vanucchi should attend to resolve the unsatisfied details.
Agenda Item 6: Report from Greene County Planning Board representative Cindy LaPierre, as presented by Mr. LaPierre.
The Town of Catskill received a Site Plan for a trucking and excavating business at 2869 Route 23A, Palenville. The business operates on approximately one half (0.5) acre of a thirteen and a half (13.5) acre parcel, and has been subjected to NYS DEC Order of Consent regarding fill placed in a regulated wetland on the property. Concerns from neighbors also arose as to contamination of their water supply. Water samples collected revealed that any water contaminants were well within the standards used for public drinking water, but their well was found to contain coliforms, treatment for which information was provided. Also found in the home were issues of lead toxicity arising from old paint dust. The Greene County Planning Board noted that it should be careful to limit approval to the trucking and excavating operation as described in the project referral, and recommended that the Town Planning Board obtain expert opinion regarding ongoing issues related to past uses of the property.
The Town of Jewett submitted an Area Variance for garage and turn-around area for the residence at 4599 Route 23C. The setback was to be sixty-two feet (62’) as opposed to seventy-five feet (75’).
Agenda Item 6: Other business
The Watershed Summit held on April 2nd from 9:00 a.m. to 2:30 p.m. provided great information on using the Greene County GIS Map.
The next meeting of the Planning Board will be May 5th at 7:30 p.m.
Mr. Kroyer motioned to adjourn the Planning Board meeting at 9:35 p.m. The motion was seconded by Mrs. Romito, and carried unanimously.
Respectfully,
Susan H. Epstein, Clerk
____________________________
Donna Bernard, Chair
Added: March 03, 2016
Agenda Item 1: The meeting was called to order at 7:35 p.m.
Roll Call: Chair: Donna Bernard
Present: JoAnn DeLong, Paul LaPierre, Greg Kroyer, and Marianne Romito
Agenda Item 2: Approval of the Minutes of January 7, 2015
Mr. LaPierre motioned to accept the minutes; Ms. DeLong seconded the motion, and it carried unanimously.
Agenda Item 3: Report by Town Board Liaison Nathan Miles
Mr. Miles was not able to be present tonight.
Agenda Item 4: Stamos Zades Estate at 414 Van Road (109.42 acres), Tax ID No. 145.00-5-3 and 392 Van Road (3.6 acres), Tax ID No. 145.00-5-2, Jewett, NY: Rural Conservation Zoning District, both located in the Hunter Tannersville School District.
Mr. Michael LaVocca appeared before the Planning Board on behalf of his wife, Ms. Helaina Zades, to explain their intentions regarding the two parcels. On March 5, 2015 the Board reviewed information provided by Mr. Vanucchi on this parcel. At that time there was a question of whether the application would be for a Boundary Lot Line Adjustment or a Minor Subdivision, and the Board was not clear on how the piece labeled “2A” fit within the prospective question. The Board explained to Mr. LaVocca that the Subdivision application is necessary to cover the scope of acreage of this property. The Boundary Lot Line Adjustment Law is intended for small areas of one acre, more or less; although this Board has approved Lot Line Adjustments for more acreage in special cases, that is not the intent of this law. Ms. Bernard will confirm with Mr. Rappleyea.
Mr. LaVocca said the intention is to divide the larger parcel into two lots, and that the smaller lot that is 392 Van Road would become part of the fifty acres around it. The divisions are going to provide about fifty acres for his brother-in-law and fifty acres for his wife. The Subdivision process will require a Sketch Plan Review, a plat with pertinent information provided such as proximity of wells and septic systems, a short form SEQRA, and a Public Hearing. The Planning Board will also have to nominate itself Lead Agency and inform all parties with potential interest in this process, such as the DEP. Ms. Bernard told Mr. LaVocca that if he wished, he could provide Mr. Vanucchi with a Letter of Representation, and could also take care of the details with which Mr. LaVocca may not be as familiar, such as filling out the short form SEQRA and notifying the neighbors.
Mr. LaVocca requested to be placed on the Agenda for April 7, and left with the applications provided him.
NOT ON THE AGENDA
Mrs. Janice Maben came in for her husband Bruce Maben, who wishes to pursue a Boundary Lot Line Adjustment. This involves Tax parcel 111.00-2-23 with 0.53 acres located at 27 Merwin Street, Jewett, in the Rural Residential Zoning District, owned by the Mabens, and Tax parcel 111.00-1-27 with 113.5 acres located at 979 Route 17, Jewett, in the hamlet, owned by the Seigels, who will be deeding over approximately 0.92 acres to the Mabens. The Seigels are in the process of selling their house and they wanted to get this piece of land to Mr. Maben before they sell. Mrs. Maben provided an Application for Boundary Lot Line Adjustment that is missing the Grantor’s Signature, a Sketch Map of the lands to be deeded, and a plat. The Planning Board reviewed the information, and Ms. Bernard said the school tax receipts are needed to verify School District lines, copies of the deeds as they exist now, a statement as to how they will exist later, and a letter from the Seigel Revocable Family Trust lawyer stating that they also want this process. This letter could also be a notarized statement from the Seigels.
Ms. Bernard promised Mrs. Maben first slot on the agenda for April 7th meeting at 7:30 p.m.
Agenda Item 5: Report from Greene County Planning Board representative Cindy LaPierre.
Mr. LaPierre read the minutes given him by Mrs. LaPierre.
The Town of New Baltimore received an application for the addition of a silo/packaging plant just south of the Albany County line for Package Pavement Co. on 9W. Greene County approved this measure with the recommendation for additional landscaping and screening.
The Town of Athens sent information regarding a Site Plan and Special Use Permit for a new Dollar General store located southwest of the intersection between 9W and the Schoharie Turnpike.
In the Town of Catskill, a Special Use Permit was submitted to replace an existing manufactured home, and also a Site Plan regarding a trucking and excavating business on Route 23A in Palenville. This property would be used for storage of trucks, excavation equipment, other related equipment, and materials such as stone, topsoil, wood chips, firewood, landscape brick, blocks, and mulches.
Agenda Item 6: Other business
The Watershed Summit will be held this year on April 2nd from 9:00 a.m. to 2:30 p.m. Ms. Bernard reminded the Board that last year she had sought and gained permission from the Town Board that this net at least three hours of training time.
Mrs. Epstein ran into misunderstanding with the Zoning Board regarding posting of the minutes online before they had been approved, even clearly labeled as “draft.” Mr. Rappleyea’s opinion had been sought; he replied by email that within the Open Meetings Law, unapproved minutes should be posted within two weeks, and clearly labeled as “draft – subject to change.”
The next meeting of the Planning Board will be April 7th at 7:30 p.m.
Mrs. Romito motioned to adjourn the Planning Board meeting at 9:15 p.m. The motion was seconded simultaneously by Mr. LaPierre, and carried unanimously.
Respectfully,
Susan H. Epstein, Clerk
____________________________
Donna Bernard, Chair
Added: January 07, 2016
Agenda Item 1: The meeting was called to order at 7:35 p.m.
Roll Call: Acting Chair: Susan Epstein
Present: JoAnn DeLong, Paul LaPierre, Greg Kroyer, and Marianne Romito
Absent: Donna Bernard and Town Board Liaison: Nathan Miles
Agenda Item 2: Approval of the Minutes of December 3, 2015
Ms. DeLong motioned to accept the minutes as amended; Mr. LaPierre seconded the motion, and it carried unanimously.
Agenda Item 3: Report by Town Board Liaison Nathan Miles
Mr. Miles did not attend tonight.
Agenda Item 4: Boundary Lot Line Adjustment for Ronald and Sheila DeLong for Tax Map ID No. 114.00-2-10.2 (currently 6.915 acres) and JoAnn DeLong for Tax Map ID No. 114.00-10-11 (currently 8.013 acres).
Ronald and Sheila DeLong came before the Planning Board tonight with the completed plats reflecting the new Boundary Lot Line. Mr. Maben also attended the meeting in case the Planning Board had any questions. Ms. JoAnn DeLong provided her copy of the school tax bill as requested, but otherwise remained recused from the process.
Mr. Maben revised the drawing as requested and in the legend on the map provided the reference information for the new legends. Mrs. Epstein asked why the complete wording of the deed changes had not been provided on the plat; Mr. Maben said that as properties sell, the names on deeds change over time, and that the information about where the deeds are filed provides the greatest accuracy of record. The Planning Board accepted this.
The plats were spread for Planning Board consideration. Mr. LaPierre reviewed the file to determine whether everything had been provided. The new drawing depicts the changed lot line with a dashed line reflecting where the old lot line had been. The file contains a copy of the old deed in both Ronald and Sheila DeLong’s names, copies of school tax bills from Ronald DeLong and JoAnn DeLong, a complete description of the deed changes, the plat, the application and proof of payment.
Mr. DeLong said that after the Planning Board approves and signs the map, Larry Gardner will file the plat and the revised deed. Mrs. Epstein asked the Board whether the new map fits all its criteria; it does. Mrs. Epstein asked for a motion to accept the plat provided by Mr. and Mrs. DeLong. Mr. LaPierre so motioned, seconded by Mr. Kroyer, and subjected the motion to a Roll Call Vote: Mrs. Epstein – aye; Mr. Kroyer – aye; Mr. LaPierre – aye; and Mrs. Romito – aye. Mrs. Epstein signed the plats and the Mylar. Two plats were kept for the file, two plats plus the Mylar were provided for Mr. Gardner, and copies provided to Ms. JoAnn DeLong and Mr. Ronald DeLong.
Mr. Maben said that as a surveyor he attends the meetings of many Planning Boards, and he has learned that many of them now send Boundary Lot Line Adjustment applicants directly to their Town Attorney who reviews the application and recommends to the Board whether to accept the application or not. This saves time in the process since the applicant will ultimately need a lawyer to complete the process. Mr. Maben added that he was not trying to tell the Jewett Planning Board what to do, but he wanted to share that information.
Agenda Item 5: Report from Greene County Planning Board representative Cindy LaPierre.
Mrs. LaPierre sent two months of notes from the Greene County Planning Board (GCPB) with Mr. LaPierre.
In November, the GCPB reviewed an application located in the Town of Cairo concerning a Site Plan four uniquely designed rental cabins to be used in conjunction with the adjacent former Elks Lodge site, now the main office of Natural Elements Homes. Also in Cairo was a Site Plan regarding the construction of a building to be utilized for business, mercantile, and storage use on County Route 23B. The GCPB also received a Site Plan from the Town of Coxsackie regarding two additional storage units at Jake’s Lock-up located across from the entrance to the Coxsackie Prison. The GCPB recommended that an Area variance concerning a fence to be installed on a boundary line on property on Route 32 in the Town of Catskill be handled as a local decision.
In December, the GCPB handled a Site Plan from the Town of Prattsville regarding a seasonal snow sport facility to be located on the north and south side of County Route 2. Plans for the site include a snow tubing area, a skating area, cross country skiing, parking space, and pedestrian walking paths. The GCPB recommended a lighting plan that complies with “Dark Sky” compliant lighting such as used at the Windham and Hunter Mountain Ski facilities. The Village of Coxsackie brought an application for an Area Variance for replacement of an existing structure and a new structure to be connected. The GCPB suggested this be a Local Decision, but recommended consultation with the Village Building Inspector as regards NYS Building Code and requirements for building materials and placement. The Town of New Baltimore brought an Area Variance for the addition of a silo/packaging plant at Package Pavement Co. on Route 9W, which will be similar to existing structures already in existence on the property. The planned structure will be eighty-seven feet (87’) tall; similar existing structures are up to sixty-two feet (62’) tall. The GCPB recommended additional landscaping, screening, and shielding of the site similar to prior expansion. The Town of Cairo Town Board has repealed its moratoriums on permits regarding the conversion of resorts to other uses and the establishment of junkyards, as they now have a Zoning Plan that covers this.
Agenda Item 6: Other business
There was not other business.
The next meeting of the Planning Board will be February 4th at 7:30 p.m.
Mr. LaPierre motioned to adjourn the Planning Board meeting at 8:29 p.m. The motion was seconded simultaneously by Mrs. DeLong, and carried unanimously.
Respectfully,
Susan H. Epstein, Clerk
____________________________
Donna Bernard, Chair
