Added: December 03, 2015
Agenda Item 1: The meeting was called to order at 7:28 p.m.
Roll Call: Chair: Donna Bernard
Present: JoAnn DeLong, Paul LaPierre, Greg Kroyer, and Marianne Romito
Town Liaison: Nathan Miles – absent
Agenda Item 2: Approval of the Minutes of November 5, 2015
Mr. LaPierre motioned to accept the minutes; Mrs. DeLong 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: 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 an application for a Boundary Lot Line Adjustment. Ms. JoAnn DeLong recused herself from this application because she is Mr. DeLong’s sister.
The properties were part of a subdivision originally done in 1995 by Bruce Maben for Mr. DeLong’s father, providing three equal parts to his children. Each has a right-of-way, or easement, to allow shared use of a common driveway or private roadway that Ronald DeLong maintains. Ms. JoAnn DeLong has a small area of 0.748 acres she wishes to give to her brother to aid in the maintenance of the roadway and ditches, and would also give him some road frontage for greater conformity with Jewett law.
Mr. Ron DeLong went back to Mr. Maben because there was a note on his survey plat that no changes could be made without his approval. Mr. Maben provided Mr. DeLong with a written description of the piece of property to be conveyed so he can take this to Larry Gardner. Ms. Bernard had Mr. LaPierre read the description aloud for Board review.
Mr.DeLong said that his property lies behind his sister’s. He has been maintaining the roadway since 1992. Originally when Bruce Maben divided the property, he wanted to give all siblings equal parts. At that time Mr.DeLong insisted on giving that piece to his sister so she would have the road frontage; now she is giving it back because of the work he has done. The small piece is bounded by the right-of-way, and there remains a line that will be adjusted back to the boundary along the right-of-way. The Planning Board discussed whether this should be altered or dissolved instead.
Ms. Bernard had already asked herself that question. It had come up at Code Review – an “altered” lot line conveys a piece of land to a neighbor for the purpose of increasing the neighbor’s lot; but this is not what JoAnn DeLong’s purpose is in giving this land to her brother. The Boundary Lot Line Adjustment is more in the spirit of what they are doing. The purpose of a Boundary Lot Line Adjustment is the change in the boundary of two adjoining lots to correct errors in deeds or to reflect the shared desire of the property owners involved when there is no more than one acre to be conveyed. Ms. Bernard further pointed out that it is important to clarify terminology here to remain congruent with the powers of a Planning Board. A Planning Board can alter a lot line or change a boundary line, but dissolving a line is the prerogative of the Tax Assessor’s Office. The Boundary Lot Line Adjustment simply moves the line to where it needs to be without erasing it. Mr. DeLong said he had been to see Mrs. Bower, the Tax Assessor, who herself suggested the Boundary Lot Line Adjustment. The center of the right-of-way is an existing line and will become the new boundary.
On the final plat that will be filed, Ms. Bernard said, there needs to be a legend as to what has changed. This description that Mr. DeLong brought from Mr. Maban should become a legend on the plat. Ms. Bernard read aloud from the application the properties that will be affected should be listed on the plat as well. JoAnn DeLong’s acreage (Tax ID No. 114.00-2-10.11) will decrease from 8.013 acres to 7.265 acres, and Ronald DeLong’s acreage (Tax ID No. 114.00-2-10.2) will increase from 6.915 acres to 7.663 acres. This change should become a legend on the plat as well.
Mr. DeLong said Mr. Maben originally gave them all the descriptions on the property, and he now provided this new description. Ms. Bernard said that Larry Gardner knows how to incorporate the new language into the changes that he will file with Greene County. Ms. Bernard said that the Planning Board wants to provide Mr. DeLong with the best language possible so that those who come after us will know what was done here tonight. Mr. Maben will need to remove the line on the map, and will provide a new map showing the changes with the deed descriptions and before and after the change.
Ms. Bernard said the middle of the right-of-way provides the boundary between the properties for the bulk of the property line, and that the Planning Board action tonight, to move the line back to the middle of the right-of-way, will make the entire middle of the right-of-way the boundary between the properties.
Mr. DeLong wondered whether he had to go to Mr. Maben or Mr. Gardner first for his next step. Mrs. Epstein said that the map needed to have that small line removed to reflect the new change, and Ms. Bernard said that Larry Gardner would incorporate the correct language into the deeds. Mr. DeLong decided he would go to Mr. Maben first so that Mr. Gardner could see the map. He also noted that he would have Mr. Maben put his new home on the new plat.
Ms. Bernard wanted to word the motion to capture the intent of the Planning Board. The Board is in receipt of the check, the survey, the deed descriptions before and after, and proof of the school districts is yet needed. Mr. Maben’s description of parcel to be given to Mr. DeLong from his sister and which will involve the change in the current boundary line by Northeastern boundary conveying 0.748 acres adjusting the boundary line down to Mr. Maben’s description. The map must be approved by Greene County, so a new map may be needed for them.
The Board can approve the application pending receipt of all items. Ms. Bernard wondered if the Board wanted to vote tonight. Mrs. Romito said the Board could vote to accept the application pending receipt of what is missing. Mr. Maben needs to amend the plat for the intended change in boundary line. Mr. DeLong had copy of his school tax bill showing the school district. Ms. DeLong needs to provide a copy of hers yet. Copies of the existing deeds were given to Mrs. Epstein for the file. The DeLongs will provide information that is still needed when they attend next month’s meeting.
Mr. LaPierre made the motion to accept the Boundary Lot Line Adjustment Application from Ronald and Sheila DeLong, Tax ID No. 114.00-2-10.2, to which 0.748 acres is being granted from Tax ID No. 114.00-10.11, owned by JoAnn DeLong, for the purpose of aiding Mr. DeLong in the maintenance of a private road, its ditches, and conveying to Mr. DeLong some road frontage for conformity. The acceptance of this application is pending receipt of the corrected survey with the legend describing this change and receipt of a tax bill providing school district information from Ms. DeLong. Mrs. Romito seconded this motion and it was subjected to a Roll Call Vote: Ms. Bernard – aye; Mr. Kroyer – aye; Mr. LaPierre – aye; and Mrs. Romito – aye.
Ms. Bernard said that Mrs. Epstein is Acting Chair for the meetings of January and February. She said that if for any reason there will be a delay, the DeLongs should contact Mrs. Epstein and she will have the Board vote to table the application to stop the clock on the process. The Planning Board has sixty-one days from when all items are received to complete the application process.
Agenda Item 5: Report from Greene County Planning Board
Mr. LaPierre did not have notes from the Greene County Planning Board tonight.
Agenda Item 6: Other business
The Board gave Mrs. Epstein their vouchers to turn into Mrs. Carl.
Mrs. Epstein said that Floyd Dart’s parcel problem is now solved and filed with Greene County.
The next meeting of the Planning Board will be January 7th at 7:30 p.m. The meetings for 2016 will be scheduled for the following dates: January 7th, February 4th, March 3rd, April 7th, May 5th, June 2nd, July 7th, August 4th, September 1st, October 6th, November 3rd, and December 1st.
Mrs. Romito motioned to adjourn the Planning Board meeting at 8:49 p.m. The motion was seconded simultaneously by Mrs. DeLong and Mr. LaPierre, and carried unanimously.
Respectfully,
Susan H. Epstein, Clerk
____________________________
Donna Bernard, Chair
Agenda Item 1: The meeting was called to order at 7:28 p.m.
Roll Call: Chair: Donna Bernard
Present: JoAnn DeLong, Paul LaPierre, Greg Kroyer, and Marianne Romito
Town Liaison: Nathan Miles
Agenda Item 2: Approval of the Minutes of November 5, 2015
Mr. LaPierre motioned to accept the minutes; Mrs. DeLong seconded the motion, and it carried unanimously.
Agenda Item 3: Report by Town Board Liaison Nathan Miles
On October 29th the Town Board had a Public Hearing for the Tax Override law. Nine people turned out for the Public Hearing. The town voted to override the tax cap, which Mr. Miles said lowered the taxes to around point two percent (.2%). There was a need for a change in the budget late in the game: Highway Superintendent Bob Mallory could order sand at the beginning of the season for far less cost, and using this method, the Town of Jewett did not have to utilize the emergency budget.
Mr. Miles said there was some contention that the budgets of the two Fire Departments were differing amounts, and the Town Board will require a report before setting next year’s budget. East Jewett Fire Department got about two thousand dollars more, and this is probably due to the cost of maintaining an ambulance, which the Jewett Fire Department does not have. Anyone wishing to learn more about the matter can read this week’s issue of The Windham Journal.
Mr. Miles said that some people were disappointed that the budget was not on the town’s web site. Ms. Bernard asked Mr. Miles to look into the matter of the web site, stating that Mrs. Epstein and herself had enquired of Mr. McCrary, Mr. Pellitterri, and Mrs. Carl where to direct past copies of the Minutes of the Planning Board for web publication. Mr. Miles will make inquiry.
Ms. Bernard asked how the elections turned out, and Mr. Miles answered that there was an excellent voter turn out for candidates who were running unopposed. One candidate is waiting for the absentee ballot votes to be counted.
Agenda Item 4: Report from Greene County Planning Board
Mr. LaPierre provided meeting notes from Mrs. LaPierre’s attendance at the Greene County Planning meeting. In the Town of Windham, Crown Fuels received two notices of violation for relocating three fuel storage tanks inside the flood plain. This relocation is being done on an emergency basis, and Crown Fuels has been allocated a six-month contingency to develop a full site plan, and approval is contingent upon their receipt of a Petroleum Bulk Storage Permit from the NYCDEP.
In the Town of Hunter, the commercial structure formerly know as Breck’s Ski Shop has been sold for use by Hunter Mountain Outfitters, a ski/snowboard/mountain bike retail sales facility. They have submitted a Site Plan to expand upon the retail space by fifteen hundred (1,500) square feet.
Agenda Item 6: Other business
Ms. Bernard asked Mrs. Epstein to pass around Vouchers for the Board’s training costs. These can be given to Mrs. Epstein for submission, or turned in by the individual before December 15th. Another training on Forest Threats, sponsored by the Cornell Cooperative Extension, will be held on November 13th at Windham Mountain for $10 including lunch. Ms. Bernard said she had attended the one held on October 29th, Woodlands, Wetlands and Water, at Agroforestry presented by Marilyn Wyman. Ms. Bernard said the course was extremely informative and interestingly presented.
Ms. Bernard said the Greene County Web Site GIS has an environmental overlay section providing information on wetlands; hydric soils, muck, and peat; and hydrology, which is good since Greene County lacks a level of expertise on this topic. To use this feature, one has to zoom in on a particular parcel. However, the Greene County GIS is not that user friendly. Ms. Bernard said she had recommended to Michelle Yost that the next Summit ( that may be held in April instead of January) offer a course in using the GIS. Mr. Miles said the Town Board is considering offering another GIS training as they did a few years ago. Mrs. Epstein said that the Zoning Board was asking about that as well. There may be two upcoming opportunities for a class on this topic soon.
Ms. Bernard mentioned a mapper resource for anyone interested. The web address is: www.hudson.dnr.cals.cornell.edu/mapper.
Mrs. Epstein asked Ms. Bernard on behalf of the Zoning Board how things were progressing with the Code Review. Ms. Bernard said the role of the Code Review Committee is almost done, and promised a copy of the recent Agenda for Mrs. Epstein to share with the Zoning Board so they could know what has been reviewed. The Zoning Board had been invited to be part of the Code Review process. Ms. Bernard does not anticipate any of the recommendations made by the Code Review committee to become law until the Town Board has reviewed them, considered them, held a Public Hearing on them (timing could fall around April for the Public Hearing), and voted them into law.
The next meeting of the Code Review Committee will be November 19th at 7:00 p.m.
The next meeting of the Planning Board will be December 3rd at 7:30 p.m.
Mrs. Romito motioned to adjourn the Planning Board meeting at 8:28 p.m. The motion was seconded by Mrs. DeLong, and carried unanimously.
Respectfully,
Susan H. Epstein, Clerk
____________________________
Donna Bernard, Chair
Agenda Item 1: The meeting was called to order at 7:34 p.m.
Roll Call: Chair: Donna Bernard
Present: JoAnn DeLong, Paul LaPierre, Greg Kroyer, and Marianne Romito
Absent: Town Liaison Nathan Miles
Agenda Item 2: Approval of the Minutes of September 3, 2015
Mr. LaPierre motioned to accept the minutes; Mrs. DeLong seconded the motion, and it carried unanimously.
Mr. Kroyer asked about the status of putting the Planning Board Minutes on the web, and Mrs. Epstein said she had not heard anything yet, although both Ms. Bernard and she have asked.
Agenda Item 3: Report by Town Board Liaison Nathan Miles
Mr. Miles was not present tonight.
Agenda Item 4: Report from Greene County Planning Board
Mrs. LaPierre provided meeting notes, which Mr. LaPierre read to the Planning Board:
In Coxsackie, there was a Site Plan regarding construction of a five thousand (5,000) square foot auction barn to replace a building on 9W that had burned down. It was recommended that the new barn be moved back to comply with the setback.
Also in the town of Coxsackie, an application for a Special Use Permit was approved for Rose Events to use property for wedding events.
The town of Cairo withdrew its request for a further six-month moratorium on permits related to conversion of resorts to other uses. They sought extension on a moratorium for permits related to the establishment of new junkyards or similar business activities originally effective November of 2012. The Greene County Planning Board advised the Town of Cairo to take care of this locally by extending the date so that the moratorium ends on December 1, 2015, thereby avoiding the gap time before the new law takes effect.
Agenda Item 6: Other business
Copies were provided for a new training on October 29th, called Woodlands, Wetlands, and Water: What Local Decision Makers Need to Know at the Cooperative Extension in Acra from 5:30 to 8:30 p.m.
Ms. Bernard said the next Code Review meeting is scheduled for October 15, 2015, and asked whether Mr. LaPierre and Mr. Kroyer could be present. Mr. Pelliterri will not be able to attend, and she wishes to keep the meetings “up to speed,” but if not the next Code Review meeting could instead be held on October 22, 2015. The gentlemen agreed to let the Town Board set the date. Ms. Bernard expressed disappointment that Mr. Miles did not attend tonight, because she hoped for a progress report on the Code Review process and Mr. Rappleyea’s response to it.
Mr. Kroyer had taken an hour and a half webinar on “Finance Solutions for Commercial Solar.” He said that well known corporate people were participating, including Green Bank, a “pseudo” government agency with money to hand out to interested municipalities. There are no mountaintop municipalities accepted into the program yet, Mr. Kroyer said. A town would have to apply to participate. The group has been using the sites of old landfills for solar paneling. The way they fund it, they put together someone to use the power, someone to supply the power, which lowers the cost to the user while someone still makes a profit.
There is not much solar activity in Jewett yet, Mr. Kroyer said. Mr. LaPierre commented that in North Adams, MA solar technology is planned to provide electricity for most of the municipality including the town building, streetlights, and school. Ms. Bernard said that the Town of Lexington Highway Department was considering putting solar panels up on the nearby ridge. She said that could offset much of the electric bill for local municipalities and that perhaps after the Code Review finishes its current work, it could discuss solar applications.
Mr. LaPierre said that he is considering personal solar panels through Solar City who offer a couple of contract packages for twenty years. Ms. Bernard noted that the length of the contract might be off-putting for older couples whose lifespan might not be long enough to see the full advantage of such a contract. Mr. Kroyer anticipates these new technologies bringing significant lifestyle changes to local communities.
Mrs. Romito commented that many people in Florida use solar panels for heating hot tubs and pools to offset that electric cost. Ms. Bernard learned that NYS intends to draft an ordinance by the end of this year that any town can use as their own solar resolution, which will expedite the process on the town level, provided the town uses a NYS approved installer.
The next meeting of the Planning Board will be November 5th at 7:30 p.m.
Mr. LaPierre motioned to adjourn the Planning Board meeting at 8:30 p.m. The motion was seconded by Mrs. DeLong, and carried unanimously.
Respectfully,
Susan H. Epstein, Clerk
____________________________
Donna Bernard, Chair
Agenda Item 1: The meeting was called to order at 7:32 p.m.
Roll Call: Chair: Donna Bernard
Present: JoAnn DeLong, Paul LaPierre, Greg Kroyer, and Marianne Romito
Absent: Town Liaison Nathan Miles
Agenda Item 2: Approval of the Minutes of August 6, 2015
Mr. LaPierre motioned to accept the minutes as amended; Mr. Kroyer seconded the motion, and it carried unanimously.
Ms. Bernard asked Mrs. Epstein to discuss her concern of posting the Planning Board Minutes online. Mrs. Epstein had emailed Mr. McCrary with the question of how she should proceed. In the past, she would send the minutes to Mr. Peters who would post them on the townofjewett.com website, but as the town has now been trying to fully utilize the townofjewett.org website, Mrs. Epstein now wondered what the procedure should be that she is to follow. Mr. McCrary has not yet answered her on this matter.
Mr. Kroyer said the townofjewett.org is replacing the townofjewett.com. Mr. LaPierre thought that everything should go through Mr. Peters, but Mrs. Epstein said that it was her understanding that Mr. McCrary had taken responsibility for the townofjewett.org. Ms. Bernard said that Mr. McCrary had asked Mrs. Carl and Mr. Shippee to update the town’s building forms on the dot-org in regard to the Code Review. Mrs. Romito suggested that all the Boards be copied so everyone knows where things stand.
Agenda Item 3: Report by Town Board Liaison Nathan Miles
Mr. Miles was not present tonight.
Agenda Item 4: Joe Vanucchi for Pierre Christ Sketch Plan Review for Subdivision of 110.6-9.121: Rural Residential Zoning.
Mr. Christ had called to cancel his appearance before the Planning Board tonight. Because Mr. Christ has previously changed his mind, the Board decided that Mrs. Epstein should send him a letter listing the completed applications and letter(s) of representation it would need from him before placing him on the Agenda again. This letter would also summarize the findings of the Planning Board at previous meetings (held 11/7/2013, 12/5/2013, 8/7/2014, and 9/4/2014) and the cost of his applications. The Board also stressed that in this case it would also strongly urge Mr. Christ to compel the surveyor who had prepared the plat and had the most familiarity with it to act as his spokesperson. Mrs. Epstein promised to copy the Board with the letter she prepares.
Agenda Item 5: Report from Greene County Planning Board
Mr. LaPierre said there was no quorum, so the meeting was not held.
Agenda Item 6: Other business
There was discussion regarding the property of Ann and Robert Huetter, which will come before the Planning Board eventually for a Boundary Lot Line Adjustment. Details are still coming in, including an email, which stated that Greene County would accept Mrs. Huetter’s statement that she intended for her son to have the barn. Mr. Kroyer suggested that the Board wait for Mr. Rappleyea to clarify that with the County.
Trainings had been copied to all members of the Board. The next one at Columbia-Greene on October 5th will cover the topics of Site Plan Review and Land Use for Local Officials.
Mrs. Epstein and Mr. LaPierre have access to a new file containing copies of the Special Use Permits (SUPs) that have been approved. Mr. LaPierre will track pertinent SUPs to make sure that none fall through the cracks as happened with TREC Land Vest.
The next meeting of the Planning Board will be October 1st at 7:30 p.m. The Code Review is September 17 at 7:00 p.m.
Mr. LaPierre motioned to adjourn the Planning Board meeting at 8:30 p.m. The motion was seconded by Mrs. DeLong, and carried unanimously.
Respectfully,
Susan H. Epstein, Clerk
____________________________
Donna Bernard, Chair
Added: August 06, 2015
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
Absent: Town Liaison Nathan Miles
Agenda Item 2: Approval of the Minutes of July 2, 2015
Mr. LaPierre motioned to accept the minutes with the spelling error corrected; Mr. Kroyer seconded the motion, and it carried unanimously.
Agenda Item 3: Report by Town Board Liaison Nathan Miles
Mr. Miles had a conflict and could not be here tonight.
Agenda Item 4: Joe Vanucchi for Pierre Christ Sketch Plan Review for Subdivision of 110.6-9.121: Rural Residential Zoning.
Mr. Vanucchi was invited to the table to share what he had. He did not know what information Mr. Christ had brought before us previously, and thought he might not have sufficient information. Mrs. Epstein had provided the minutes from previous meetings with Mr. Christ for Mr. Vanucchi and the Planning Board to review. Mr. Vanucchi passed the most recent copies of the plat around to the Board. A dashed line represents existing lot line. Mr. Christ wants to dissolve this existing boundary and recreate his two-lot subdivision into a three-lot subdivision. The new configuration will consist of Lot 3, which has road frontage along Merwin Street, and Lots 2 and 3 behind that along an existing driveway, which will become a private road. Each lot has adequate size for Rural Residential Zoning: Lot 3 contains three and two tenths (3.2) acres; Lot 2 contains three (3.0) acres; and Lot 1 contains seven and eight tenths (7.8) acres.
The Planning Board had discussed this case at length at previous meetings of November and December of 2013, and August and September of 2014, and decided a private road as a solution. As presently configured, the property presented many difficulties under Town of Jewett Subdivision law V.) Article VI GENERAL REQUIREMENTS & DESIGN STANDARDS, SECTION 4. LOT REQUIREMENTS, H. Flag Lots, rules (5.) No Flag Lot may be located behind another Flag Lot and (6.) No Narrow Corridor may be located adjacent to another Narrow Corridor. The Board could not approve the creation of a flag lot behind another flag lot nor another narrow corridor next to an existing narrow corridor. The existing driveway to Lot 2 is adjacent to the narrow corridor to the flag lot owned by Young and O’Toole directly behind Mr. Christ’s properties. Setback issues remain with the sap house on Lot 1, and an existing modular on lot 2. The fifty-foot (50’) width rule for the private road necessitates area variances from the ZBA for those two buildings.
Ms. Bernard thought the existing narrow corridor along the existing narrow corridor and flag lot against flag lot could have pre-existed the Zoning Law. She asked Mr. Vanucchi whether he knew the history on the place, as we don’t know if the flag lot is grandfathered. Originally Mr. Christ wanted to build his house up in the back and share the existing driveway with the rental property. A shared driveway cannot be approved under current zoning law. Mr. Vanucchi thought this would require a road built to town specs road, but as a private road Mr. Christ would not need paving.
Ms. Bernard summarized that since no new information has come forward, based upon information the Planning Board had, the private road was the best solution. The topography to the other side of Mr. Christ’s property is a really hilly, wet and marshy morass, Mr. Vanucchi said, and likely more costly to develop than to put in the private road. However, as Board members point out, it is not a clean solution, because of the setback situation. Mr. Kroyer remembered that the last time Mr. Christ appeared before the Board, he was intending to speak to Bob Mallory regarding road specifications. The setbacks need to be illustrated on the plat and the house distance. Mr. Christ will need an area variance for setbacks and has hardship because of the way his property is land-locked with the existing flag lot and narrow corridor.
Ms. Bernard requested Mrs. Epstein find out from the ZBA whether Mr. Christ would need a formal denial from the Planning Board, or whether the situation denies itself and he could just appear before the ZBA. She expressed concern for the timeframe; once the Planning Board accepts Mr. Christ’s application, it has sixty (60) days to conclude notification for Lead Agency and SEQRA.
Mr. Vanucchi said that the rental house is a modular on blocks. The Board discussed whether it could be easily moved, but placement of sewage system and electrical would be problematical. The sap house is smaller, and if that could be moved also, Mr. Christ would not need an area variance for those two buildings. Subject to approval of a variance, Mr. Vanucchi anticipates returning for at least one more visit.
The Planning Board told Mr. Vanucchi it needs to see the distances from current buildings closest to the property line reflected on the plat – the sap house on Lot 1 and the rental unit on Lot 2. Mr. Kroyer said to draw in the private road, which Mr. Mallory can provide the how-to for, and illustrate the width of the road at the right of way. If built crowned and had ditches it would be approvable with the exception of the setbacks.
Ms. Bernard said the private road is the stipulation with the re-division of a previous subdivision, which this is. There will be two homes on the private road as Lot 1 has its own road frontage. The consensus around the Board was this private road. It was supported by Tal Rappleyea, and meets the definition of the re-subdivision, so this really the only answer. If he could move the buildings he would not need the area variance, but this is not without difficulty, so it might be easier to go with a variance.
Mrs. Epstein will double check with the ZBA regarding the denial process and call Mr. Vanucchi with what she learns. Mr. Vanucchi will submit an Application for a Minor Subdivision ad Sketch Plan Review, which the Planning Board will have to deny, and he will follow up with the ZBA who will be forewarned it is coming. Once the variances are approved, Mr. Vanucchi will return to the PB and it can proceed. Mr. LaPierre said he pursued a permit in Shandaken and obtained a variance from their ZBA before going to their PB without the need for a formal denial from the PB first. Ms. Bernard wants to better understand the sequence of the denial process.
Ms. Bernard considered the process of SEQRA and Lead Agency. Once these processes begin the Board is on the clock. It makes more sense to go to the ZBA for approval, and then return to the PB. The Zoning Board is an Appellate Board where one goes to appeal a denial made by another Board or the Building Inspector, etc. Mr. LaPierre said this could be read another way: If the applicant knows his application will be denied without the variance, he could forgo the denial by the PB and directly apply to the ZBA for the area/use variance.
Ms. Bernard consulted the NYS manual regarding Zoning Boards. In general a property owner cannot simply appear at the ZBA and ask for a variance. Only on such appeals wherein an applicant can show he meets the hardship for the appeal, can he go and ask for a variance. In those cases statutes allow the applicant to directly appeal to the ZBA without a denial for a permit. Mrs. Epstein will find out protocol and then the Board can jumpstart the process by writing the Lead Agency letter early enough to arrange the Public Hearing by the October meeting. Ms. Bernard also considered asking the ZBA to meet on the same night as the PB if it would facilitate Mr. Christ’s process.
Discussion turned toward setting the conditions regarding the building of the road. Final plat may require a legend saying that this is a condition. Mrs. Epstein recalled that Mrs. Bostrom made Scott Sandler wait until the driveway was done before she approved his subdivision application. Mr. Kroyer wondered whether the condition should be for the Highway Supervisor to sign off on this. Mr. LaPierre said this was done when the town accepts the application of a private road to become a town road. It is at that time that the town decides whether things are built to spec. Ms. Bernard liked Mrs. Bostrum’s method, but wondered if holding off on the signature is legal. She will check with Mr. Rappleyea.
Mr. Kroyer said make it contingent on putting the house up, but Mr. LaPierre said logically is would be contingent on the subdivision, not on the structures, because anyone can access a vacant lot. Ms. Bernard wondered where to put a contingency statement. Mr. Vanucchi said in other townships they have a thing they would normally sign with conditions for approval. Jewett has such a box for DEP approval.
As a private road, this requires a road maintenance agreement as part of the deed. At this moment this is Mr. Christ’s own land, but this needs attachment to the deed in case he sells any of them. A template exists in the town for a road maintenance agreement.
Agenda Item 5: Report from Greene County Planning Board
Mr. LaPierre said there was nothing to report; Mrs. LaPierre did not attend the meeting.
The Planning Board decided that in the future, Mrs. Epstein would double copy Mrs. LaPierre’s notes, once for the Town Board mailbox and once for the PB reference file. This info is a useful learning tool of the GCPB decisions. With the new people on the job, Jewett lacks the continuity of shared knowledge it had while Mrs. Muth was Supervisor. She knew where to find information and whom to pass it on to.
Agenda Item 6: Other business
Mr. LaPierre emphasized the necessity of a Standard Operating Procedure (SOP) for all of the Boards. Ms. Bernard considered that idea once the Code Review is completed.
There are two trainings upcoming: a CWC Stormwater workshop to be held in Margaretville on Friday, September 11 with sign-in at 9:30 am and a short course in Habitat & Water Resource Assessment for Land Use Planning to run from Thursday to Saturday, September 10 through 12, to be held in New Paltz, NY.
Other information to share: Ms. Bernard had received an email from Lynn Byrne, Kyle Byrne’s mother, who will be tracking the situation of the SUP for TREC Land Vest, LLC. Mrs. Epstein said Mrs. Byrne had emailed her requesting certain documents, and she will provide copies of the SUPs. Mrs. Byrne wanted a copy of the Building Permit, but whether that even exists is unknown to the Planning Board, and Mrs. Epstein wants to call Mr. Shippee to find out. Unfortunately, TREC will have to re-apply for the entire SUP, including new plans, as the term for legally renewing or extending the permit has passed by nine months or more.
Tony Bucca contacted Mrs. Epstein on behalf of the Lorch Estate. He said that the attorneys for the second heir did not believe his explanation of the Planning Board’s requirements for subdividing that property. He agreed with Mrs. Epstein that the minutes should support the point. She emailed copies to his office. The Board recalled that was the property on 23C that fell across the town line with Lexington. Early on, the Town of Lexington agreed to let the Town of Jewett take Lead Agency in the process. Discussion turned to possible difficulties for the town in this and similar cases and how important letters of representation are for all parties. Mr. Rappleyea had made sure that certain filings were done to protect the Town of Jewett from repercussions from the estate.
Ms. Bernard is involved with the FEMA Hazard mitigation, some of which includes pre-planning such as a bridge that washes out every storm, or generators in a snowstorm. FEMA now requires each county to file a Hazard Mitigation plan. Greene County’s first one was filed in 2009. Ms. Bernard had been working as a consultant with the town in writing their emergency response plan, and attended the pre-planning for the Town of Jewett while Mike Flaherty was still Town Supervisor.
Recently, the hazard mitigation group had hired a consultant, and planned a kick-off meeting. Mr. Pelliterri asked Ms. Bernard to represent Jewett. She offered to attend the meeting, but asked Mr. Pellitterri to prepare adequate information, such as cost of road repair and how much received from FEMA, et cetera. Mr. Pelliterri and Mr. Mallory assembled the information she needed very thoroughly.
Only ten people from all the towns across the county attended the meeting. Ms. Bernard said the key players from the communities should be present for these assessments. Capabilities and vulnerabilities need to be considered, and capabilities are not the same as vulnerabilities. She has assisted with capability assessments, and a lot of ground will be covered in a short timeframe. The Hazard Mitigation Plan has to be assembled as a County plan to include town plans, a Public Hearing, review by the consultants and town, review by FEMA, then goes back to each town for resolution, who have to approve it. These planners are in a time crunch.
Mr. LaPierre said that in such emergency situation the town could create a citizen volunteer response group and maybe a person to coordinate the volunteers. He said that Jewett only has a four-man road crew, whom could use the help when these emergencies arise.
The next meeting of the Planning Board will be September 3rd at 7:30 p.m.
Mr. LaPierre motioned to adjourn the Planning Board meeting at 9:10 p.m. The motion was seconded by Mrs. DeLong, and carried unanimously.
Respectfully,
Susan H. Epstein, Clerk
____________________________
Donna Bernard, Chair
Added: July 02, 2015
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 June 4, 2015
Mr. LaPierre motioned to accept the minutes as corrected; Mr. Kroyer seconded the motion, and it carried unanimously.
Agenda Item 3: Report by Town Board Liaison Nathan Miles
Mr. Miles and the Planning Board reviewed the situation with TREC Land Vest, LLC. Mr. Kyle Byrne of TREC Land Vest, LLC told Mr. McCrary that the DEP had presented him with a Stop Work Order on his project. Mr. Byrne had appeared before the Town Board and was supposed to provide them with an information packet, but Mr. Miles did not know whether Mr. Byrne had done so.
Ms. Bernard said that she had asked Mr. Rappleyea for the correct legal procedure. He said that Mr. Byrne should have been served with a Notice of Violation sent by the Code Enforcement Officer (CEO) for the town. The process was lost track of, because of the changes occurring in the town. Mr. Muth who had been acting as inter-rim Building Inspector and CEO had retired, and the new Building Inspector had not yet had CEO training, and this all happened around the time that the Special Use Permit (SUP) granted to Mr. Byrne had expired. Mr. Kroyer noted that it was not only the Town of Jewett who had lost track of the expiration date for Mr. Byrne’s SUP, but that Mr. Byrne himself had promised to come before the Planning Board when any change in his process occurred, and he failed to do that. This legally means he has to begin the permit process all over again. Mr. Rappleyea had told Ms. Bernard that at this time the town is not legally required to do anything.
Ms. Bernard and Mrs. Epstein had begun copying all key people, including the Building Inspector, with Planning Board Decision forms in an effort to leave nobody out of the communication loop. Jewett is still looking for a Zoning Enforcement Officer (ZEO), and the Board does not know whether Mr. Shippee is acting as CEO as Mr. Muth did prior to his retirement. Mrs. Romito thought the Town Board should have been following this, and Mr. LaPierre said they used to. Mr. Miles asked the Planning Board to copy him on the next SUP it issues, along with the question of whom is responsible for the followup. Ms. Bernard noted that failures to follow up on these situations set an unfortunate precedent.
Mr. LaPierre felt these things should be reviewed on a monthly basis. He motioned that a form be created to track the expiration dates of SUPs granted by the Planning Board until such time as a CEO or other responsible person is doing that. Mr. Kroyer and Mrs. Romito simultaneously seconded the motion, and it carried unanimously. Mr. LaPierre volunteered to take care of the list of expiration dates.
The Planning Board questioned why the DEP seemed to step into the situation after the Board approved the design, as they were notified as part of the SEQRA review. The Board has authority to visit the site. The members discussed identification badges, which were available a few years ago from the Greene County Sheriff’s Department, and may still be.
Ms. Bernard mentioned the legal concept of abandonment of use. Should this need to be enforced, it becomes the responsibility of the Zoning Enforcement Officer, and the town would send out a thirty (30) day, and then a sixty (60) day notice to the applicant. The Board needs to follow up on whether someone is still doing that.
Agenda Item 4: Report from Greene County Planning Board
Mr. LaPierre read the recent GCPB meeting notes provided by Mrs. LaPierre. The Town of Cairo has had two moratoriums while they are re-writing their local laws. Ms. Bernard commented that the process is reminiscent of their work on Jewett’s Code Review, in that the laws must adhere to the Town Comprehensive Plan. Some of the comments made by the GCPB in regard to Cairo’s efforts echo the theme that if there is already workable law in place, it does not help to be redundant.
Other news is that in the Town of Hunter, the Mountaintop Arboretum is building a new visitor’s center.
Agenda Item 5: Other business
Ms. Bernard heard a “heads up” from Mr. McCrary that Bob Huetter is considering a subdivision. He wants to join a lake to an adjacent property that he also owns, and subdivide the remainder of his property into four parcels. No application has been received yet.
On July 9th there will be an online Webinar on Code Review for Solar Energy. It runs from 12:00 to 1:30 p.m. Registration is necessary, and they will send the applicant a link.
A letter received by Ms. Bernard states that the Greene County Planning Board has secured a grant from the Empire State Development Corporation to conduct a study of Greene County’s Waste Water Infrastructure to be done by Delaware Engineering.
The next meeting of the Planning Board will be August 6th at 7:30 p.m., and the next meeting of the Code Review Committee will be August 16th at 7:00 p.m. Ms. Bernard and Mr. Kroyer are unable to attend that date, so they will suggest to Mr. McCrary to switch the date to August 23rd, or cancel the meeting.
Ms. Bernard motioned to adjourn the Planning Board meeting at 9:04 p.m. The motion was seconded by Mr. LaPierre, and carried unanimously.
Respectfully,
Susan H. Epstein, Clerk
____________________________
Donna Bernard, Chair
Added: June 04, 2015
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 7, 2015
Mr. LaPierre motioned to accept the minutes; Mrs. DeLong 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: Kyle Byrne for TREC Land Vest, LLC, for property at 1957 NYS Route 296, Jewett, NY: Tax ID No. 147.00-2-2.
The Town of Jewett became aware that no work had been done on the TREC Land Vest, LLC project at the former outdoor movie theater for some time. Friends of Mr. Kyle Byrne spoke to him about it, and he contacted Mrs. Epstein to appear at the June meeting of the Planning Board, which he later confirmed. Mrs. Epstein had prepared a document containing the minutes concerning TREC Land Vest, LLC from its appearances on February 7, March 21, April 4, May 2, and November 7 of 2013. While the Board waited for his arrival, it reviewed those documents and the dates on the Special Use Permits (SUPs) that had formerly been approved for TREC Land Vest, LLC. The original SUP consisting of two phases was dated May 2, 2013. Mr. Byrne returned to the Planning Board on November 7, 2013 to request an extension of his SUP and to notify the Board that his plans had changed. He had dropped one phase of his plan, and at that time wanted to construct a Storage Shed for his business. Approval was granted and a new SUP giving Mr. Byrne a year to build his project from November 7, 2013 through November 7, 2014. He promised to return should anything further change in his process or should an extension be needed.
Mr. Byrne failed to appear tonight to explain his reasons for neglecting to file another extension in a timely way, and the Planning Board could only speculate why work had stopped. Some beautiful early work had been done on this property, constructing berms and plantings to maintain the aesthetic of the parcel. After considerable discussion, the Board decided that since the deadline of the SUP had passed over seven months ago, it could no longer approve an extension on Mr. Byrne’s original application. Ms. Bernard said she will inform the Town Board and Town Counsel of this matter, and await their decision as to how to proceed.
Agenda Item 5: Other business
Ms. Bernard said she had taken the May 27th training at the Greene County Emergency Services Building in Cairo. She had learned that a person appointed to a Board could vote within the thirty (30) days prior to their taking an Oath of Office without procedural risk to the town. Mr. Kroyer had attended as well, and is enthusiastic about creating Solar Energy Regulation.
Ms. Bernard remarked that she had difficulty locating any online information about Jewett’s “Mass Gatherings” permit, and later learned that it is titled “Public Assemblies” and not “Mass Gatherings.”
Mr. McCrary wanted to give the Planning Board a “heads up” that Mr. Bob Huetter may want to subdivide property off of Co. Rte. 23C. There is a lake up there attached to a neighboring lot, and the rest he wants to create into four parcels. Mr. McCrary suggested to Mr. Huetter that he seek the Boundary Lot Line Adjustment prior to the Subdivision.
Mr. LaPierre suggested that the Town create a Standard Operating Procedure (SOP) for its various Boards, which should make the job of new members considerably easier. Ms. Bernard agreed that an SOP would have helped tremendously when she stepped up to Chair the Planning Board. Mr. LaPierre will suggest this idea to the Town Board. NY State has mandates for SOPs, but leaves each town to create its own interpretation thereof.
Mr. LaPierre made the motion 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
Added: May 07, 2015
Agenda Item 1: The meeting was called to order at 7:42 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 1, 2015
Mr. LaPierre motioned to accept the minutes; Mrs. DeLong seconded the motion, and it carried unanimously.
Agenda Item 3: Report by Town Board Liaison Nathan Miles
Mr. Miles said that the organizers for the Taste of Country had visited the Town Board again with changes they wanted to make on their public gathering application. They are pushing to add the Deming Road parking area to the campground agenda. This area belongs to the Slutsky family.
No Public Hearing is required for this Mass Gathering permit, because that is not required of the process. The Mass Gathering permit has no ties to the Special Use Permit regarding camping that Jewett has on its laws. This would seem to create a gap in the laws protecting local residents. Mr. Miles said he did push to require the organizers to notify the neighbors. Aspects of the Mass Gathering law fall under Department of Health (DOH) approval, which requires systems to be in place for the management of trash, waste, et cetera.
Mr. LaPierre recalled the mud and rain two years ago at the Deming Road parking site, and said the organizers had to bring in truckloads of gravel to protect the macadam at the side of the road. People were getting their cars stuck, including a bus stuck in the Slutsky’s driveway. It will be worse with campers. Mr. Kroyer said that in a similar situation in Saugerties, people’s cars were being hauled out days later, with the added towing bill.
Mr. LaPierre said a lot of trash was left behind, and that his wife took it upon herself to take care of the cleanup. That should not have been necessary. When the group appeared before the Planning Board, they strongly promised to oversee that process. Mr. Miles asked Mr. LaPierre to keep notes on whether the organizers honor their promise to check up on the cleanup, because that will make a difference in what the town permits next year. Mr. LaPierre noted the DEP now owns land along Deming Road and wondered whether they would permit waste and trash disturbance within one hundred feet (100’) of a streambed. Their posted signs permit hiking, hunting, and fishing, but say no word about camping.
Mr. LaPierre said that security had set up at the Deming Road Bridge and made it difficult for him to gain access to his home. There are only two permanent residents on Deming Road. Access for residents should not be a hindrance, yet security is needful.
Mrs. DeLong said that the Taste of Country group had promised to send the Planning Board a copy of the plans as approved by the Department of Health, but that never happened. Ms. Bernard explained the Town Board, not the Planning Board, oversees the Mass Gathering permit. Meanwhile, the organizers are moving ahead with plans for both sites. The Town Board will review the Site Plan and the Department of Health approval, which remains pending. It intends to ask the organizers to post a bond against possible costs for the project. Ms. Bernard encouraged all who could to attend the Town Board meeting next Wednesday, May 13, at 7:00 p.m. to express their concerns.
The Town Board also has on its next agenda that house that is falling down on to Route 296, Mr. Miles said. Many letters have been sent to the owner, and all have been returned. They have found another address to try, and are looking into the process of Eminent Domain. The house is definitely unsafe. Mr. Miles is a neighbor to it, and has found debris in the road.
Mr. Miles had bumped into Mr. Kyle Byrne, who will be applying for an extension on his application for the work he is doing at the site of the old drive in.
Agenda Item 4: Other business
Ms. Bernard had asked Mr. LaPierre to bring a report from the Greene County Planning Board from Mrs. LaPierre, who had replaced Gene Beers as Jewett’s member of that organization. The report was left for Interim Supervisor Jim Pellitterri’s perusal.
Among the agenda items for the meetings of March and April were the election of officials, Coxsackie’s regulation of commercial venues, the denial of moratoriums in Cairo, and the application of the Use Variance in New Baltimore to add auto repair to an existing business. In Prattsville, the Fire Department is relocating its firehouse outside of the one hundred year flood plain. A handicapped ramp was approved for the old liquor store in Palenville, which appears to becoming part of the library.
It was noted that the Greene County Planning Board often refers the decision back to the local planners. Greene County Planning Board usually declines approval of Use Variances, wherein the applicant must prove unnecessary hardship. They suggested that a town change their law rather than rely upon the Use Variance.
Ms. Bernard shared information on upcoming trainings. On May 27th at the Emergency Services Building in Cairo, there are three classes: Local Government Organization and Role of Public Office, Wind Energy Regulation, and Solar Energy Regulation. These classes run from 4:00 to 8:30 p.m. Also of note, May is Schoharie Watershed month with lots of goings on, and the Mountaintop Arboretum will have a Flower Garden Fair on May 30th and a Wildflower Walk and Spring Fling.
Mr. LaPierre made the motion to adjourn the Planning Board meeting at 9:05 p.m. The motion was seconded by Ms. DeLong, and carried unanimously.
Respectfully,
Susan H. Epstein, Clerk
____________________________
Donna Bernard, Chair
Added: April 02, 2015
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
Absent: Marianne Romito
Agenda Item 2: Approval of the Minutes of March 5, 2015
Mr. LaPierre motioned to accept the minutes as corrected; Mrs. DeLong 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: Other business
Mrs. Epstein had not heard from Mr. Vanucchi, and relegated his matter to the “Pending” list on the Agenda.
Mr. Don Muth had learned of recent activity from the Windham Mountain Sporting Club, which had sent the Jewett Planning Board information a few years ago regarding a project along the town boundary of Jewett. Chair Bernard had dug out the old information and reviewed it currently with the Board. The group had property adjoining Jewett’s Town line, but not in Jewett. All protocols for notifying neighboring towns, as Jewett, had been followed.
Ms. Bernard had asked Mrs. Epstein to give Chair Maureen Anshanslin a call. Ms. Anshanslin told Mrs. Epstein that the Windham Mountain Sporting group is working on their condominiums on South Street, but stated that the project does not affect the Town of Jewett. She said that if the Windham Planning Board has already approved a subdivision of at least two acres, the applicants wouldn’t need to appear before them again. Mrs. Epstein prepared a report to attach to the minutes.
Mr. LaPierre recalled that the delay in the project had been held up by a necessary expansion of the sewage treatment facility, and that the Fire Department had concerns regarding the higher rise stories of the buildings. The Windham Fire Department only has a two-story ladder truck, and the nearest one with six-story capacity is in the Town of Catskill. He heard that Windham had suggested that Ski Windham purchase such a truck, but they declined.
Mr. Kroyer had found an article in the Windham Journal. The Town of Hunter held a Public Hearing regarding its draft of revisions to its Site Plan Review Law. One of the concerns was the request by the Department of Environmental Conservation (DEC) to be included as an involved agency for the SEQR. Ms. Bernard said this question also has ramifications for Jewett as it pursues its own Code Review.
Chair Bernard said that Jewett’s Code Review committee is currently stuck on its Timber Harvesting law. They made great strides reviewing the coherency of the law in accordance with the Jewett Comprehensive Plan with such issues as erosion control and storm diversion. When they began working on the ordinance, however, the efforts began to fray apart.
Town Councilman Mike McCrary had suggested instead of making the law a Special Use Permit, which would need oversight by the Planning Board and Zoning Board, that it become a stand-alone ordinance subject to a town permit. This approach has many sound reasons, but at the last meeting Mr. McCrary had been on vacation and not present to explain this approach, so the group went around and around with discussion that Ms. Bernard and Mr. Kroyer had already visited.
At the previous meeting of the Code Review Committee, Agroforester Ron Frisbee had presented the information sought, and suggested that Jewett look at the Timber Harvesting Law from the Town of Denning. Ms. Bernard said that she is waiting for Mr. McCrary to be able to explain his rationale to the group who had not been present for the meeting with Mr. Frisbee.
Mr. LaPierre asked what they have in mind. Ms. Bernard answered that they are talking about a pre-application review for the property owner to prepare the information he will need to provide the town for the actual Timber Harvesting permit. The Code Enforcement Officer and the Highway Supervisor will oversee the enforcement of this permit. Mr. LaPierre wondered what it would cost the town to hire a forester, and Ms. Bernard said that was for Mr. Pellitteri to discern.
The next meeting of the Code Review Committee will be held April 16, 2015.
Mr. LaPierre made the motion to adjourn the Planning Board meeting at 8:32 p.m. The motion was seconded by Ms. DeLong, and carried unanimously.
Respectfully,
Susan H. Epstein, Secretary
____________________________
Donna Bernard, Chair
Added: March 05, 2015
Agenda Item 1: The meeting was called to order at 7:30 p.m.
Roll Call: Acting Chair: Susan Epstein
Present: JoAnn DeLong, Paul LaPierre, Greg Kroyer, and Marianne Romito
Town Board Liaison: Nathan Miles
Agenda Item 2: Approval of the Minutes of January 8, 2015
Mr. LaPierre motioned to accept the minutes as corrected (the date); Mr. Kroyer seconded the motion, and it carried unanimously.
Agenda Item 3: Report by Town Board Liaison Nathan Miles
The report was tabled in lieu of reviewing aspects of tonight’s agenda.
Agenda Item 4: Floyd Dart Subdivision located at County Route 13, Jewett, NY: Tax ID No. 128.00-5-17 in Rural Residential Zoning.
Mr. Dart and Mr. Brewer were in attendance tonight. Mr. Brewer had brought the corrected plats that Mr. Dart was very much in approval of. Mr. Dart provided the Planning Board with a signed statement that the plats met his approval: the boundary line question had been satisfied and the number of lots reduced to the two originally approved by the Planning Board. Mrs. Romito, as a Public Notary, stamped the document signed by Mr. Dart.
Mrs. Epstein asked Mr. Brewer to spread the plans for Planning Board review, and explain what changes had been made. He said that his original plat had been wrong because he could not locate all the appropriate deed information. However, when Brooks and Brooks were asked to do a survey for Mr. Valerio, they found the correct deed information. Mr. Brewer thus corrected his plat, re-making the stone fence the boundary lot line, as should have been done originally. The Planning Board found the corrections to the plat that it had requested: the plat had been corrected from the illustration of the three-lot subdivision to the two-lot subdivision originally approved by the Board for Mr. Dart.
Mrs. Epstein asked for a motion to accept the amended plat for Mr. Dart. Mr. Kroyer so motioned; Ms. DeLong seconded the motion, which was subjected to a Roll Call Vote: Ms. DeLong – aye; Mrs. Epstein – aye; Mr. Kroyer – aye; Mr. LaPierre – aye; and Mrs. Romito – aye.
Mrs. Epstein signed the plats and returned them to Mr. Brewer to take to the Greene County Clerk’s Office, Mr. Dart kept two, and the Planning Board kept two for its file.
Agenda Item 5: Taste of Country question and answer review for utilizing the old Sheepskin Hills airport for a temporary RV campground for the Taste of Country Music Festival.
Mr. Darrin Elsom of Kaaterskill Engineering (KE) had called Mrs. Epstein to consider a new idea. He said that the group that plans the festivals at Hunter Mountain wanted to extend the festival parking area at the old Sheepskin Hills airport owned by the Slutzky family into an RV campground for the four days of the Taste of Country (TOW) Music Festival. Mr. Elsom said that he has to obtain a Department of Health (DOH) approval for this process also, which might satisfy any requirements the Town of Jewett would entertain.
Mrs. Epstein thought that the Special Use Permit that the Town of Jewett has in its Zoning Law, pp. 11-12, might be applicable to guide the process, except that it deals with permanent campgrounds, and this would be a temporary one. She invited Mr. Elsom to bring the information to the Planning Board meeting to discuss the idea, and emailed the information that she had to the Planning Board, Zoning Board, Mr. Pellitteri, Mr. Miles, and Mr. McCrary.
Mr. Elsom, Mr. John Valachovic (also of KE), and Mr. Rick Fusco of the WDST group that organizes the festivals at Hunter Mountain appeared before the Planning Board tonight. Mr. Fusco explained that the Country Western crowd is an RV crowd, and that his group has planned for one hundred RV units at the far end of the former airport runway. They would maintain the front area of the parking area for regular parking lots keeping the flow of traffic free. Mr. Valachovic provided the Board with plans for its review. Because this is an idea the Town of Jewett has never been confronted with before, much of the discussion turned to how it should be approached. A time factor also exists, because the TOC festival will occur in mid-June.
Mr. Miles said that usually the Town Board requires a large gathering permit, and that he expects that would be the situation here; however because of the multi-faceted nature of the question, a temporary Special Use Permit and/or variance might be necessary. Mr. Kroyer felt very strongly that the existing campground law was inapplicable because of the temporary nature of the RV campground. Mrs. Epstein said that she regarded the campground law as a guideline by the similarity of its nature to what is being proposed, and that particular areas of consideration of the existing Special Use Permit regarding E. Camping Regulations, pp. 11-12 Jewett Zoning Law, that might be applicable as guidelines are:
“3. Campgrounds. Campgrounds shall be subject to all regulations and restrictions imposed by the state and municipality on campgrounds. The Town shall further regulate campgrounds by imposing the following conditions: (a) Minimum site area: 15 acres; (b) Not more than six (6) campsites per acre of gross site area; (c) A maximum of 2 camper units per campsite shall be allowed; and (e) Each campsite shall be at least four thousand (4000) square feet in area and have a minimum width of forty (40) feet.”
Mr. Elsom commented that if the Town of Jewett would hold him to that, it would be impossible for him to move ahead with this proposal. He does have other festival parking areas to consider utilizing. He mentioned that the DOH requires only twelve hundred and fifty (1250) square feet for similar venues, and that KE’s plan has been more generous than that, provisioning for two sizes of camping sites, 30’ x 45’ and 30’ x 60’ for square footage of fourteen hundred (1400) and eighteen hundred (1800) respectively. Mrs. Epstein reminded him that the temporary nature of his request might be the variable on this question, but that it had to be considered since we are still asking what permits or variances he might need from the town. It was decided that this would be a question for Mr. Rappleyea, and Mrs. Epstein said she would make that enquiry of him first thing in the morning.
Mr. Miles said that last year the festival group had come before the Town Board to get its large gathering permit, and Mr. Fusco agreed. This is an expansion on what they have done before, he said. They plan to put two camper units to a campsite, and as mentioned there are two campsite sizes proposed. Both the campground area and the parking area will have adequate supply of potable water and port potties as required by the DOH. There will be parking attendants and security guards present at the area throughout the duration of the festival.
Mr. LaPierre spoke of his concern for adequate garbage removal. He said that last year’s trash at the Deming Road parking area was not thoroughly cleaned up, and that his wife and the town had taken care of the task. Mr. Fusco noted his concern and promised to follow up with the company Clean Vibes that his group hires for cleanup to make certain that is done this year.
Ms. DeLong spoke of her concern that people attending the festival not camp out in the areas where regular parking is permitted, and she would like to have security guards patrolling those areas to prevent that. Mr. Fusco said that sometimes tent car camping happens, but they work to discourage it on their websites and areas of ticket sales.
Mrs. Epstein asked about the condition of the road in for emergency vehicle access. Mr. Elsom said that the group had improved it last year. The private road has adequate turning radius for large vehicles, as delineated on the plan provided by Mr. Valachovic, which it will need anyway for the RVs to arrive onsite safely.
Ms. DeLong asked about shower units; Mr. Fusco said they are not planning for that this year as most of the RVs have their own shower units.
Because of the short time frame, Mrs. Epstein offered to work with Mr. Elsom during the month to facilitate the process. All the questions that came under discussion tonight will be emailed to Mr. Rappleyea ASAP. This seems to be primarily a process for the Town Board to oversee, and it will be to Mr. Elsom’s benefit to address the Town Board next Wednesday night. Mr. Elsom said he is willing to copy Jewett on the information he has to compile for the DOH.
Agenda Item 6: Other business
The Planning Board reviewed the information provided by Mr. Vanucchi regarding the Zades estate. The Board found the northern boundary of the survey to seriously differ from the GIS copy of the tax parcel, and was not clear on how parcel 2A fit within the prospective question. Mr. Rappleyea had recommended a subdivision with a variance from the Zoning Board. Mr. Vanucchi will need to explain this process more clearly to the Board. Neither could be present tonight, so the matter was tabled for next month.
Mrs. Romito made the motion to adjourn the Planning Board meeting at 8:38 p.m. The motion was seconded by Ms. DeLong, and carried unanimously.
Respectfully,
Susan H. Epstein, Secretary
____________________________
Donna Bernard, Chair
Added: January 08, 2015
Agenda Item 1: The meeting was called to order at 7:36 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 December 4, 2014
Mr. LaPierre motioned to accept the minutes as edited; 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: Lisa McGowan Boundary Lot Line Adjustment for property located at 95 Lawrence Road, East Jewett, NY from grantor Tax ID No. 130.00-3-64 in Rural Residential Zoning to Tax Map ID No. 130.00-3-65 owned by John and Candice Baranello, also in Rural Residential Zoning.
Ms. Laurie Hanenberg came before the Planning Board to represent Ms. McGowan and the Baranellos. She brought letters of representation from both parties and survey maps done by Larry Vanucchi.
Last month the Board reviewed the 2012 Boundary Lot Line Adjustment for Ms. McGowan. At that time, she wanted to sell the property west of her pond on a subdivision that already existed. The Baranellos bought that property, and are now interested in buying approximately an acre and a half that Ms. McGowan had earlier chosen to keep.
Since last month Ms. Bernard had consulted Mr. Rappleyea on this application. He said the Board could approve this pending letters of representation from both parties, which it has in the form of a hand-written note from the Baranellos and an email from Ms. McGowan, and the before and after descriptions of the deeds recorded in a legend on the plat.
Ms. Hanenberg said that she did not get copies of the tax record, but that she had found proof online that both parcels are in the Hunter Tannersville School District. She had also brought written descriptions of the before and after changes to the deeds, but these were not recorded in legend on the plats. However, the required changes are illustrated on the plats: the old lot line is drawn as a dashed line and titled “Old Lot Line,” and the new lot line is drawn as a solid line and described as “Proposed New Lot Line.” Although this method of recording the requested description is legal, the Planning Board found it very hard to see because the survey drawing is small and busy with information. The Board would prefer to have the deed descriptions in record on the deed itself for convenience of locating the information at the Planning level and in the Record Office for the County Clerk. Changes will be made to the actual deed at the County Clerk’s Office, so the information would not go missing, Ms. Hanenberg noted. The Board expressed its desire that future survey plats for Boundary Lot Line Adjustments contain a written legend of the before and after descriptions of the deeds of both parties.
Ms. Bernard said that although a SEQRA had been done for the last application made by Ms. McGowan, she wanted to do a new SEQRA approval since the forms had recently changed. Mr. LaPierre motioned that the Town of Jewett Planning Board be Lead Agency for this unlisted action with an uncoordinated review, and Ms. DeLong seconded that motion, which carried unanimously. Mrs. Epstein read aloud the SEQRA part one as prepared by Ms. Hanenberg, and part two as needed completion by the Planning Board. The Board gave the SEQRA a Negative Declaration for this unlisted action, and a copy will be sent to the NYCDEP along with one of the plats.
A motion was made to approve the Boundary Lot Line Adjustment for Ms. McGowan and the Baranellos, and subjected to a Roll Call Vote: Ms. Berard – aye; Ms. DeLong – aye; Mr. Kroyer – aye; Mr. LaPierre – aye; and Mrs. Romito – aye. The vote was unanimous and the Boundary Lot Line Adjustment approved. Ms. Bernard signed four paper copies of the survey map and one Mylar copy. The Planning Board retained three paper copies and Ms. Hanenberg took the others to be filed with Greene County.
Agenda Item 5: Floyd Dart
Mrs. Epstein had bumped into Mr. Dart in Mrs. Bower’s office since the last meeting, and at that time he told her that he would like to be on the Planning Board agenda for the January meeting, because he and Mr. Brewer had been talking, and it appeared they were going to work things out. Mrs. Epstein was unable to contact Mr. Dart to confirm this, and kept him on the agenda, but he was not in attendance. Ms. Bernard asked that Mrs. Epstein catch the Board up on what she knew about this case.
Going back a couple months, Mrs. Bower had been helping Mr. Dart toward resolution of his problem. Mr. Dart, Mrs. Bower, and Mr. Rappleyea held a three-way phone conversation about the solutions Mr. Dart can follow. The simplest solution would be to have the surveyor correct the maps, sign and stamp them, and file these at the County level for a minimal fee. However, Mr. Brewer was at that time not responding to Mr. Dart’s efforts at communication. Mrs. Bower at that time asked Mrs. Epstein if the Planning Board had a correct map that Mr. Dart could take down to the County. The Board did not. Therefore Mr. Dart’s other option would be far more expensive, and that would be to file a Subdivision Abandonment application with the county. Mrs. Bower stated to Mrs. Epstein that there was no other legal solution for Mr. Dart.
More recently when Mrs. Epstein met Mr. Dart in Mrs. Bower’s office, he said that he had been in communication with Mr. Brewer, and that he hoped to come before the Planning Board with the materials he needed to conclude this matter.
Ms. Bernard said that she was uncertain of what Mr. Dart actually wanted to accomplish before the Planning Board since she did not feel she had the entire picture. Mrs. Epstein promised to call him and learn whether he planned to appear before the Board at the next meeting and what he hopes to accomplish. Perhaps Mrs. Bower has another number where he can be reached. Ms. Bernard reminded the Planning Board that she would be on vacation during the next couple months and that Mrs. Epstein will be chairing the meetings. If Mr. Dart won’t be appearing before the Board, the meeting could be cancelled, as the Board’s agendas have been light lately.
Agenda Item 6: Other business
The Planning Board discussed its thoughts as to what had come up tonight.
Mr. Kroyer would like Mrs. Epstein to send out notice of the Code Review Committee meetings. The Code Review for January will be held Thursday evening, January 15th. The Board suggested adding improved language to the Boundary Lot Line Adjustment law. Ms. Bernard said it is on the list.
Mrs. Romito made the motion to adjourn the Planning Board meeting at 9:16 p.m. The motion was seconded by Mr. LaPierre, and carried unanimously.
Respectfully,
Susan H. Epstein, Secretary
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Donna Bernard, Chair
