Added: December 14, 2019
Agenda Item 1: Call to Order at 7:30 p.m.
Roll Call: Chair Greg Kroyer
Present: Donna Bernard, Paul LaPierre, and Marianne Romito
Absent: Simon Williams
Agenda Item 2: Approval of the Minutes of October 3, 2019
The Planning Board reviewed the minutes and made one change. Ms. Bernard motioned to accept the Minutes, the motion was seconded by Mr. LaPierre, and accepted unanimously.
Agenda Item 3: Report by Town Board Liaison Michael B. McCrary
At the formal meeting of the Town Board, Councilman McCrary acknowledged what the Planning Board does to help the Town residents. Mr. Kroyer said this was mentioned in the recent Mountain Eagle.
Agenda Item 4: Short Term Rental Update
Mr. Kroyer provided the Board members each with a copy of Town of Jewett Local Law #2 of 2019, “Zoning Amendments Regarding Short Term Rentals” typed up up by the Town Board. Next Wednesday the Town Board meeting will feature the Public Hearing and a potential vote on the new law. Mr. Kroyer said this was exactly what the Planning Board had recommended to the Town Board.
Mr. LaPierre said that AirBnB itself is now policing their own registered AirBnBs to prevent incidents and support their legitimate business.
Mr. Kroyer said that 29 out of the 62 counties in NY State are receiving revenue from AirBnB through an occupancy tax collection and remittance program, but the Greene County Legislature has failed to take advantage of this revenue source.
Ms. Bernard said Jewett’s approach to Short Term Rentals is practical, without being intrusive to the homeowner. It carries weight, yet is simple.
Agenda Item 5: Greene County Planning Board
The Town of Catskill received an Area Variance for the placement of a shed in Leeds, and recommended it be a local decision.
The Town of Catskill presented a Site Plan Review for a Battery Storage shed for lithium ion batteries that will sit on less than three acres. Site is in two zones: the High Density Residential area and Highway Commercial zone and located directly across from the Central Hudson substation. Voted to be a local decision with extensive notes made. Final comments were typed up in a draft addressing such questions as whether the facility meets Catskills’ definition as a public utility, safety protocols and emergency responses, whether additional fire response and emergency training is necessary, noise impacts, visual analysis and screening, and the electric connection line to be consistent with the Comprehensive Plan, security and adequate lighting, public benefits, wetland and stream impacts, habitat and noise, and decommissioning planning. It is recommended to follow NYSERDA’s “New York Battery Storage System Guidebook for Local Governments.”
The Village of Athens submitted a local law creating a Supplemental Commercial Overlay Zone on Second Street stating, “no first floor properties that are not currently residential for the past three years can be made residential without a variance.” The referral was regarded as incomplete by Greene County.
The Village of Hunter presented a Site Plan Review for a Special Use Permit for the Rehab of a Village owned building for Greene County EMS. This was recommended as a local decision with the comment to use permeable, gravel pavement, as the parking area is adjacent to the flood prone Schoharie Creek.
In New Baltimore, an application for a Special Use Permit was presented for a residential ground mount solar system that will be connected via an underground cable to the barn. Located in the hamlet of Hannacroix, it was decided that this is a local decision without county impact.
Agenda Item 6: Other business
Mr. Kroyer said that Owen Samuelson provided his map for the file, and that Rob Allison had sent Marvin Seligman’s maps in that were a copy of the ones filed in the County.
Mrs. Epstein had attended the Greene County Natural Resources Inventory (NRI) meeting hosted jointly by the Greene Land Trust, Hudsonia Ltd, and the Hudson River Estuary Program of the Cornell Cooperative Extension at the IDA office in Coxsackie. She described the program, and recommended the Planning Board visit the interactive online site. She brought a copy of the NRI mapping for use by the Town of Jewett.
The project provides interactive mapping with background information featuring the NRI Story Map in which all information is written down for easy access. Popups online provide background information.
A Town can adopt the NRI with a resolution or local law to reference during the SEQRA process. At the moment these interactive maps do not include the parcel maps as provided by Greene County GIS, but that might come in future.
The meeting was called to adjournment at 8:30 p.m. Ms. Bernard made the motion, which was seconded by Mr. LaPierre, and accepted unanimously. The next meeting of the Planning Board falls on December 5th, 2019 at 7:30 p.m.
Respectfully,
Susan H. Epstein, Secretary
________________________________________
Gregory Kroyer, Chair
Added: November 14, 2019
TOWN OF JEWETT PLANNING BOARD MINUTES OCTOBER 3, 2019 Agenda Item 1: Call to Order of the meeting at 7:30 p.m. Roll Call: Chair: Greg Kroyer Present: Donna Bernard, Paul LaPierre, and Simon Williams Absent: Marianne Romito Agenda Item 2: Approval of the Minutes of September 5, 2019 The Minutes were amended; a motion was made to accept the minutes by Mr. LaPierre, seconded by Mr. Williams, and unanimously approved. Agenda Item 3: Report by Town Board Liaison Michael B. McCrary Mr. McCrary said that the Town Board considered the proposal of the Planning Board with considerable interest and a level of acceptance. It was passed on to Mr. Rappleyea to be legalized. The Board received at least one response from Mr. Rappleyea, which will need to be discussed at next week’s TB meeting. There is not much point in discussing it at the Planning Board meeting tonight. Mr. Kroyer said that some issues still need to be clarified with his first response. What concerns Mr. McCrary is that it does not clearly state this as an annual registration subject to renewal, and how the fees will work, whether they will be pro-rated, et cetera. Mr. Kroyer said if it was taken across the length of a year it could be a mess, and wondered if the fees could be calculated by the calendar. Mr. McCrary said if the first fee could be pro-rated to the start of the year, it could work. Ms. Bernard thought the first one hundred dollars ($100) could be pro-rated, and then after everybody gets registered, that fee could be looked at again. She asked whether we have anything else that mirrors this. Mr. Kroyer said that the Timber Harvesting permit does. Mr. LaPierre wondered if applicants get reminded. They do. Ms. Bernard liked the first of the year as the beginning point. Mr. Kroyer said the Town Board is on top of this. The definition, the registration requirement, and information sheet are established. Mr. McCrary said he would like to get Mr. Kroyer’s feeling whether the Town Board could still set a pro-rated fee and make it the first of the year. For example, charge fifty dollars ($50) for someone who came in June, and in January charge the one hundred dollars ($100). Mr. Williams suggested the Town could charge one hundred and twenty dollars ($120) for easy monthly pro-rating. Mr. Kroyer said the issue of fees is the Town Board’s responsibility. Mr. Williams’ suggestion made for easy numbers, Mr. LaPierre said. Ms. Bernard said there should be a “user friendly” answer to this question for the Public Hearing, and wanted to gather all the information she could to offer our best answers to the Public. Mr. LaPierre wondered if somebody terminating during the year could get a refund, and suggested something be stuck in the wording that there are no refunds. Ms. Bernard feels that one hundred dollars ($100) is a reasonable fee. The Town Board can always discuss and adjust this later. Agenda Item 4: Continued discussion of Short Term Rental Proposal Mr. Kroyer provided a potential Application for Short Term Rental Registration. He had to get rid of a G-clef and replace it with a box, he said, because someone else’s computer program did not agree with his. Ms. Bernard wondered about not having the fee on the application, but Mr. Kroyer said that the fees are all listed on a separate sheet from now to prevent the need of having to update or change application forms. Mr. Williams thought the spacing looks awkward, but Mr. Kroyer said he is trying to keep it consistent with our other forms; however there is room to add spacing. Mr. LaPierre said that a note should be added to “Please print.” Mr. Kroyer also provided an Information Sheet for Short Term Rental Occupants. Mr. Williams would like to see the cell phone number for the owner listed under “In case of Emergency call…” Mr. Kroyer made a third sheet that he said is basically an outline intended to help make the process precede more smoothly. The Certificate of Registration and the Information Sheet will be posted at a conspicuous place in the house. A town officer will be on site verifying that it is being posted. Mr. Williams said that a note of posting requirement should be bolded on the information sheet “Must be posted prominently in rental property.” Mr. Giangrande thinks it should be on the refrigerator, Mr. Kroyer said. Ms. Bernard suggested the provision of refrigerator magnets. Mr. McCrary and Mrs. Carl had made up separate sample certificates, and which one is used will be up to the Town Board. Mr. Rappleyea had responded to define the law, require it to be registered, and allow it in Permitted Uses of the Jewett’s Town Code. Mr. Rappleyea supplied the form to be promulgated by the Town Board, the fee, and all by resolution so as to give the Town Board some freedom to flow with the changes. Chair Kroyer had the foresight to avoid the Town Board from having to amend the Zoning Code whenever there is a need to change the form. Mr. McCrary vowed to work with Mr. Rappleyea to get it right. Agenda Item 5: Greene County Planning Board update from Paul LaPierre Mrs. LaPierre supplied notes of the GCPB September meeting, which Mr. LaPierre read to the Planning Board. The GCPB introduced two new members, and there is a Planning and Zoning Referral Letter, which will be sent to all the Planning Boards. The Ellen Rettis Awards letters went out. Natural Resource Inventory for Greene County: a training will be provided on October 29, 2019 at the Greene County IDA Conference Room in Coxsackie, and on November 16, 2019 a Public Information Session will be held at the Agro-Forestry Center in Acra. In the Village of Tannersville, a Site Plan was received regarding the Leach driveway to be extended and relocated. The parcel is located in the 100-year floodplain for Allen Brook, which is classified as class C for Trout Spawning. The GCPB voted this decision of local concern, but recommended that the Village should ascertain there are no NYSDEC water protection permits required, and that the applicant use gravel or permeable pavers in this flood hazard area. Also in the Village of Tannersville, Sal’s Pizza provided a Site Plan for the reconstruction of a deck at the corner of NYS Route 23A and County Highway 23C. They propose the old deck be reconstructed to the immediate left of the entrance door for customers to wait; the old deck was originally built in the DOT ROW (right of way) without Site Plan Approval. A correction was made to move out of the Village or County ROW. Thirdly from the Village of Tannersville, the Kaaterskill United Methodist Church installed a Rain Garden without Site Plan Approval, which it now seeks. Information provided to the GCPB was incomplete, resulting in no decision. Fourthly from the Village of Tannersville, a Site Plan Review was provided for construction of a single family home with a garage within five hundred feet (500’) of NYS Route 23A in the general business district. Fifthly from the Village of Tannersville, a Site Plan was received regarding the installation of a rooftop solar. This was not an issue for the County, but did lie within five hundred feet (500’) of NYS Route 23A. And lastly from the Village of Tannersville, a Site Plan Review was presented to enclose a deck to create a mudroom. This also was within five hundred feet (500’) of Route 23A, and has no County impact. Agenda Item 7: Other Business – The NY State Sexual Harassment training for the Town of Jewett will be held next Wednesday in the Municipal Building at 2 p.m. Mr. Kroyer reported that a gentleman named Andriy Oliynyk has taken a look at the property known as “Casa Susanna” from a NY Times 1960’s article. The parcel contains a seven-bedroom house, sitting on four plus acres in Jewett , and he would create an Inn or Bed and Breakfast. Mr. Oliynyk wanted to know specific zoning requirements. He sent a photo of a tent on a platform wondering if there are requirements for tents to be installed on the property. Town regulation states that the owner regulates camping on his own property. Chair Kroyer and Mr. Giangrande worked together to reply that the parcel is located in the Rural Residential Zoning District requiring two and a half (2.5) acres minimum. Bed and Breakfast is a Special Use in this district. He would need to submit an application to the Planning Board, complete a SEQRA and a Public Hearing prior to Planning Board determination. Accessory structures are allowed, and a Building Permit is required. Tents and platforms would need to be included in the Site Plan as well. The Board could limit the number of tents, and determine sanitation facilities and setback distances from the property lines. Mr. Oliynyk would own the tents. Mr. LaPierre wondered if this was “defacto” building. Ms. Bernard explained this is why the tents would be included in the Site Plan and limited to a set amount, as well as parking, et cetera. This is not a huge parcel. The number of tents could be limited based on parking. Mr. Oliynyk also wondered about the taxes. Mr. Kroyer replied that Jewett has one tax rate for all properties based upon the assessed value. There is no commercial tax rate. Mr. LaPierre wondered how a tent on a deck differs in intent from a cabin. Mr. Kroyer said if the deck is something like ten feet by ten feet (10×10) it does not need a permit. He thinks the Building Inspector would require the platforms to have footings. Mr. Kroyer is uncertain whether there will be any action on this request due to the condition of the original building. Chair Williams of the Zoning Board of Appeals wanted a copy of the STR draft to provide the Planning Board with their input also. Mr. Kroyer supplied this. The ZBA met last night, and Mr. Kroyer spoke with Mrs. Williams today; they had some issues they spoke about. The ZBA thought STRs were completely covered under the Seasonal Rental definition, but that definition is kind of shaky. Mr. Kroyer said her final word is that she understands it to be a registered STR. He explained it thoroughly, via fire extinguishers, occupancy, parking, et al, not regulating, but registering to bring into compliance, and leaving Seasonal Rentals as they have always been. The ZBA did not think that to add a definition was necessary. Seasonal Rental only allows ten occupants, so the ZBA wondered whether Jewett is leaving the door open for someone to build a twenty-five-bedroom home under the guise of a STR? Mr. Kroyer said nothing prevents this now. He does not know for sure if he satisfied all of Mrs. Williams’ concerns, but they certainly had a nice exchange of information and ideas. She was worried that the Planning Board was giving people blanket approval to do whatever they wanted, even to the degree of building a huge resort. The ZBA did think registration was a great idea, but they did not want to see the Zoning law changed. Mr. LaPierre said that nothing done so far in this registration prevents people from doing exactly as they would want to do. Seasonal Rental is already permitted in all zoning districts and limits to ten occupants. Any STR advertised with twelve is not a Seasonal Rental. What Jewett is doing is allowing the CEO to get in there and make certain things are safe. Ms. Bernard pointed out that the Board was very careful to not interfere with the Seasonal Rental because so many people do hang on to that need. Mr. Kroyer suspects that people now practicing the Seasonal Rentals are actually STRs. Registration of STRs will give the Town a handle on what is actually going on, and give a handle on the renters down the road who are bad neighbors. Regulation has become a dirty word. This is not regulation, but registration. Mr. LaPierre pointed out the primary issue was public safety, and if it does not meet those requirements, they will not get the Certificate. Ms. Bernard would like everybody to attend the Public Hearing. With the right people attending, information will be presented in the best way for public agreement and compliance. Mr. LaPierre suggested the way of life for the people living here not be compromised. Ms. Bernard insisted on increasing safety within these situations. Bringing these minutes to the meeting will prove Planning intention. The Town Board and Planning Boards as well as the Clerk, CEO, Assessor and Highway Superintendent were asked for their input on this proposal. It is a mix of ideas regarding land use regulations. Mr. Kroyer entertained a motion to adjourn. A motion to adjourn the meeting was made by Mr. LaPierre, seconded by Ms. Bernard, and unanimously approved at 9:00 p.m. The next meeting of the Planning Board falls on November 7th, 2019 at 7:30 p.m. Respectfully, Susan H. Epstein, Secretary ________________________________________ Gregory Kroyer, Chair
Added: September 11, 2019
Agenda Item 1: Call to Order of the meeting at 7:28 p.m.
Roll Call: Chair: Greg Kroyer
Present: Paul LaPierre, Marianne Romito, and Simon Williams
Absent: Donna Bernard
Agenda Item 2: Approval of the Minutes of July 2, 2019
Mr. McCrary requested changes in the wording, which the Planning Board agreed to. A motion was made by Mr. LaPierre to approve the Minutes as amended, seconded by Mrs. Romito, and approved unanimously.
Agenda Item 3: Report by Town Board Liaison Michael B. McCrary
The Town Board had been looking at a dog law in place in the Town of Hunter that Councilman Quackenbush would like the Town Board to review. Citizens attending the Town Board meeting expressed their concerns against the dog law. Mrs. Romito asked whether the law referred to dogs kept outdoors or hunters taking their dogs hunting. Mr. LaPierre reminded the Board about cold weather breeds. The topic is only under discussion and no specific proposals have been made.
A resident mentioned to the Town Board that they had been traveling certain roads throughout Jewett and seen building going on in places, but could not see the Building Permit. No law states the Building Permit has to be visible from the road, as long as it is posted on the building site.
Mr. McCrary said that the Town Board wishes to leave the discussion of Short Term Rentals (STR) to the Planning Board.
Mr. LaPierre had looked for the definition of an AirBnB. The concept of renting extra space out began with two guys in San Francisco, CA who threw an air mattress on the floor for friends. Originally called Air Bed and Breakfast, the title was shortened to AirBnB when the two guys developed an Internet business to coordinate users and providers. They qualified people from both sides, and then gathered ratings on those who rented and those who used the property. Mr. McCrary said this began as a way to accommodate the less wealthy visitors to San Francisco with the closing of all the boarding houses. Mr. LaPierre said that a new entity grew out of this not requiring a resident on site, meaning that there was no one present to regulate noise or other problems that could arise. If Jewett should consider an STR law, he would like to write the law so that some one should be on site. Mr. Kroyer foresaw that this could present a problem with owners having more than one property in the community. Mr. LaPierre said that brings that owner into a commercial operation, and they might as well own a hotel.
Mr. Williams said the concept has morphed into something different. He found that: “AirBnB’s mission is to help create a world where you can belong anywhere and where people can live in a place, instead of just traveling to it.” The company’s vision is that people can “Belong Anywhere.” A similar brand, VRBO, pairs homeowners with families and friends looking for places to stay, grounded in the purpose: “To give people the space they need to drop the distractions of everyday life and simply be together.” VRBO has become a global community with unique properties in one hundred and ninety countries, and is part of HomeAway and Expedia Group family of brands. Mr. Williams printed this information out, and a copy was made for Chair Kroyer. These businesses provide competition for hotels and motels, and have created an entire problem of properties rented without supervision, which emphasis Mr. McCrary noted is not included in Jewett’s Seasonal Rental definition.
Mr. LaPierre suggested this was where the Board was at with its code in terms of Ski Rentals, which people rent out for the summer. The Board agreed, saying that no registration or license is required for any of these, and this is why a definition is needed for STRs. Mr. LaPierre would like to see properties rented out for less than thirty days to have a resident owner. Mr. McCrary said this is why the Town of Chatham has defined four categories of resident owner. Mr. Kroyer said that he believes the Town of Woodstock allows a resident owner to rent space three hundred and sixty-five days a year; but non-resident owners are limited to one hundred and eighty days a year. He said that one never knows what to expect, and cited an example of an AirBnB on his road with a lot of well-behaved people. Mr. LaPierre replied with a horror story of a neighbor who rented a home to some folks who were drunk and shooting at odd hours, unsafely across the road. The entire purpose of regulation is to prevent these things from happening. The Board noted how often people disregard local signage (no parking) and leave their garbage behind. Members living on Colgate Lake Road noted that since the North Lake Campground has been redoing its beach, Colgate Lake has been flooded with visitors without DEC supervision.
Agenda Item 4: Discussion of Hunter Mountain and Deming Road
On the topic of Hunter Mountain North and the paving of Deming Road, Highway Superintendent Bob Mallory kept in close contact with the Paving Company doing the work. The road way was paved as requested by the Planning Board, and KCK Paving also paved the apron between 23A and the bridge. They also replaced the expansion joints on the bridge, the edge of the highway, and where they had made the transition. After completion Mr. Mallory inspected and approved the work that was done. Mr. LaPierre observed Hunter Mountain North has put in four posts, which he thinks will be a gate on their end.
Peak Resorts has sold Hunter Mountain to Vail Ski Resorts, so now it is part of the largest ski resort ownership in the world. The Planning Board debated the potential building of growth in the area, and whether too much growth would prove detrimental to the quality of life local residents now enjoy. In Hunter, Scribner’s Lodge bought Roseberry’s and the old antique business next to the temple.
Agenda Item 5: Greene County Planning Board update from Paul LaPierre
Mr. LaPierre said that there have been some changes: now Mr. Carl Heck has been preparing the Minutes. He had been from the Greene County Economic and Planning.
A Site Plan Review from the Town of Windham was returned as incomplete.
The Town of Hunter received a Site Plan for Stony Clove Eco Cabins, a boutique eco resort to be located on State Route 214, proposing twelve heated cabins with a bath, access to a Club House, and fourteen (14) parking areas. The project will provide for its own wastewater infrastructure on a twenty-one (21) acre lot. The Board thought this land was past Lanesville.
The Town of Coxsackie received a Site Plan/Use Variance for a 5MW-AC ground-mounted solar system on sixty-eight (68) forested and agricultural acres off highway 9W. The use is permitted within the highway commercial zone, but the use variance is needed because of eight (8) acres located within a residential zone. A recently adopted Local Solar Zoning Ordinance needs to be amended to allow for the Use Variance. The GCPB recommended that this proposal be overseen locally in a manner consistent with Greene County’s policy to preserve and protect prime agricultural land, in that the building of the equipment should plan for the eventual decommissioning of the equipment.
A Site Plan Review and Special Permit from the Town of Lexington and Windham Falls Recovery was received too late for review and placed on next month’s agenda.
Agenda Item 7: Other Business – to be determined
On July 24, Mr. Kroyer had spoken to Mr. Brewer’s secretary, who said that Mr. Brewer had filed the maps for the Lorch Estate, and the Town of Jewett should be getting its copies of the maps soon, as she had them in her hand at that very moment ready to mail out.
Surveyor Rob Allison came in and gave Mr. Kroyer a file from Marvin Seligman, the owner of four properties near the Goshen Street and County Route 17 intersection. The properties are, in sequence, (A) Tax Parcel ID No. 111.00-1-61, (B) Tax Parcel ID No.111.00-1-63, (C) Tax Parcel ID No. 111.00-2-52, and (D) Tax Parcel ID No. 111.00-2-53. The maps delineated in yellow represent the way the properties are now, and the pink represent the intended changes.
Mr. Kroyer spread the maps for Planning Board review and described the changes to be made via four Boundary Lot Line Adjustments, one for each piece. Part of the property is intended for sale to the Streamside Acquisition Program (SAP), and adjustments are needed to include the stream. Although this is next month’s work, Mr. Kroyer wanted to give the Board a taste of what is to come. The Board will vote on the four Boundary Lot Line Adjustment Applications separately.
A private road off of Goshen might be an issue, as it is the access of the parcel(s) for sale to the SAP, and just shy of the required two hundred feet (200’) of road frontage. That may be solved because the private road is pre-existing and non-conforming. Whether the private road would become public access after the property belongs to the SAP is something the Board could express an opinion on.
Mr. Allison requested the Board to write a letter because one of the parcels holds a bank mortgage and the bank needs to know that this action is within the Town laws. Mr. Giangrande has already written the letter.
These properties are in a Hamlet. The Hamlet district map dated 2001 hanging in Jewett’s Municipal Building differs from a map published by the DEP, which has a different footprint on the Hamlet location. Mr. Kroyer found a photographed map with yellow lines delineating the DEP’s version of Jewett’s Hamlets and red lines their version of the Designated Extended Hamlets, which are supposed to be protected from sales to the DEP, and maybe the SAP. Mr. McCrary said that Land Acquisition Program (LAP) could not buy in the Designated Hamlet.
The Extended Hamlet was a program offered by the DEP to prevent excessive buy up in local communities. Mr. Kroyer mentioned two possibilities; one is that the SAP could buy things on a piece-by-piece basis (the yellow lines) as the Town Board allows. He thinks parcel (A) might be part of the Hamlet, and since Mr. Seligman is keeping parcel (A), this might not affect the process. If the Town Board wants to exempt a particular property from the process, do they have the power to do so, without exempting all the properties in the Hamlet? He will call Lisa Wachtel Monday to find out. The DEP offered the Extended Hamlet in a recent year, but the Planning Board could not recall what year it was. Mr. Kroyer said there are three definitions for Hamlet, and shaking his head incredulously, said, “You cannot make this stuff up.” He summarized that the case will prove complicated, but promised to keep the Board in the loop of communications.
Mr. Kroyer entertained a motion to adjourn. A motion to adjourn the meeting was made by Mr. LaPierre, seconded by Mr. Williams, and unanimously approved at 8:55 p.m. The next meeting of the Planning Board falls on September 5th, 2019 at 7:30 p.m.
Respectfully,
Susan H. Epstein, Secretary
________________________________________
Gregory Kroyer, Chair
Added: August 06, 2019
Agenda Item 1: Call to Order of the meeting at 7:30 p.m.
Roll Call: Chair: Greg Kroyer
Present: Donna Bernard, Paul LaPierre, Marianne Romito, and Simon Williams
Agenda Item 2: Approval of the Minutes of June 6, 2019
Mr. McCrary clarified a statement from his report, and Ms. Bernard noted an acreage correction under Agenda Item 4. The minutes were amended by the will of the Planning Board. A motion was made by Mr. Williams to approve the Minutes as amended, seconded by Mrs. Romito, and approved unanimously.
Agenda Item 3: Report by Town Board Liaison Michael B. McCrary
Mr. McCrary said that the Town Board continues its discussion regarding Short Term Rentals (STR). Nobody wants more regulation, but in the interest of Public Safety more regulation might be needed in terms of registration. Public safety, garbage, trespassing, parking and noise are among local concerns.
Ms. Bernard suggested a similarity to Jewett’s Permitted Use for Seasonal Rentals. Mr. Kroyer thought Seasonal Rentals are a thing of the past. Mr. McCrary said that Seasonal Rentals remain in the Jewett Code, wherein those renting were apt to stay there long term, as in the case of retirees going to Florida for the winter and renting their home to skiers for the season. The big difference with STRs is that the renters change every week.
Mr. LaPierre said that used to happen with the music festivals, but Mr. McCrary said that remained a case of a seasonal rental. With STRs a problem that has arisen for towns is that reasonable rentals no longer exist. He said that it is something citizens must be concerned about, and that in some communities it might lead to a shortage of low cost housing. Ms. Bernard noted in the article Mr. LaPierre had provided, that was one of the problems Europeans faced – that nobody had any place to rent, because everyone is making more money on STRs.
Mrs. Romito remembered a home that became a STR until it burned down. She said it was a nightmare with different groups every weekend. Ms. Bernard said when the owners live at a distance they do not care whether the place remains quiet and clean. Mr. LaPierre reminded the Board that Jewett has a noise ordinance.
Ms. Bernard said these examples are why the registration point is well taken, but Mr. Kroyer noted the problem of enforcement.
Mr. McCrary said that at this point, his report to the Planning Board was over, and discussion regarding STRs resumed under “Agenda Item 6: Other Business.”
Agenda Item 4: Discussion of last month’s Antonina Lorch/ Parcel ID No. 128.00-7-19, and Antonina Lorch, Executrix of the Estate of Stefan Lorch/ Parcel ID No. 128.00-7-20 Altered Lot Line Adjustment Application.
Mr. Kroyer summarized the Planning Board’s process last week on this Altered Lot Line Application for Antonina Lorch. Ms. Bernard had been quick enough to catch an error in the acreage numbers, and Mr. Brewer had to figure out where his errors were. Mr. Kroyer said that on June 14th at 11:00 a.m. Mr. Brewer came in and they sat down together to review the revised maps. A total of thirty-eight and four hundred and sixteen thousandths (38.416) acres were approved for transfer. Mr. Brewer promised to come in with two new maps thirty days from June 14th filed and signed by Greene County Real Property. He meets with Lexington on July 9th, so that leaves Mr. Brewer only the next couple of days to get the maps to the County, since the 13th and 14th fall on the weekend. Mr. Kroyer said he would call Mr. Brewer to remind him the maps must be filed by the deadline.
Mr. Kroyer asked Mrs. Epstein to read aloud the Greene County Planning Board’s response to the 239 letter, which was mailed to Jewett on June 17th, basically stating that since there was no quorum at their meeting of May 15, 2019, the GCPB had failed to report its recommendation within 30 days, and the Jewett planning Board was free to take its final action.
Agenda Item 5: Greene County Planning Board update from Paul LaPierre
There was no meeting of the Greene County Planning Board.
Agenda Item 7: Other Business – to include Short Term Rentals (STRs) and other Zoning issues
Hunter Mountain – Mr. LaPierre reported that Deming Road had been patched, but not yet repaved. Mr. McCrary said Mr. Mallory patched the road, because the potholes were awful. Mr. Kroyer said he had no clue about the patching job, and Hunter Mountain was supposed to pave the road all the way to the end. Mr. Kroyer’s emails to Mr. Coloton have gone unanswered and the permit extension is up on August 1st, so he asked Mr. Pellitteri to contact Hunter Mountain, but yet no reply from Mr. Coloton has been received. Ms. Bernard suggested Mr. Kroyer request Mr. Rappleyea to make the contact. Mr. McCrary said the Town should know in order to notify the residents when this is going to happen.
Mr. McCrary said Hunter Mountain is doing a lot of maintenance up there. Mr. LaPierre said they utilized the area for camping for their music festivals. Mr. Kroyer said that next time he would go over and check out the festival situation. Mr. LaPierre said they had the entire road blocked, even to residents.
Although Mr. McCrary thought the depth of the base would have to be increased, Mr. Kroyer said that the base is sufficiently compressed, and they would just need to top it. Mr. LaPierre thought where Mr. Mallory patched has now been effectively paved and suggested that Mr. Kroyer take a new look at that. Mr. McCrary said that ski traffic is not a problem, but during festivals the narrow road becomes a problem and maybe should be widened more. Mr. Kroyer said that Mr. Mallory is very particular that the road be done a certain way.
Mr. Kroyer and Ms. Bernard wondered if offering a second six-month extension were possible, another question for Mr. Rappleyea. Ms. Bernard speculated that the Town of Hunter should be copied on Jewett’s correspondence with Hunter Mountain. Mr. Kroyer said maybe this action is already on Hunter Mountain’s schedule, and the non-reply could be due to someone being on vacation.
Short Term Rentals (STR) – Mr. LaPierre said that a case in point is where Main Street meets South Street in Tannersville (where an original two-story home had been given a third story). Cars are overflowing that driveway constantly. That building was renovated strictly to be an AirBnB, which was originally intended to be a room to rent out, but has now become a business in and of itself, where people are constructing and converting buildings to be nothing more than short term hotels, which puts an entire new spin on a small community like Jewett which changes the entire way the Board must look at it.
Ms. Bernard wondered if the state has approached AirBnB regulation, because regular motels or Bed and Breakfasts are regulated. She said a number of motels, like Xenia, are regulated by the state, not the town, and if the Board is gathering information for this new problem, it could contribute to the tax base for economic stability. If it is regulated by the state, then the town won’t have to do it. Her example of smoking in public places was first regulated by the counties, but then jumped on by the state. New York City, for example, might present a big enough problem to get the state to regulate the commercial aspect of it, as in Mr. LaPierre’s article was the case with Barcelona.
Mr. McCrary said that Counties are involved in the Bed Tax. Columbia County has a bed tax in established hotels and motels, which they are thinking about applying to STRs. Ms. Bernard asked how this would apply to someone who is offering STRs as a whole scale business proposition as opposed to someone who is just seeking to offer a part of their property for additional income? Mr. McCrary said that the problem is not defined. Ms. Bernard said definition has to come first.
Mr. LaPierre said the AirBnB started as incidental use, and now the use has become exclusive. Mr. McCrary said that the Town of Chatham has defined four categories of residents, and their proposal is some two hundred pages long.
Mr. Kroyer said Ms. Bernard’s idea of taking a slower approach would give the Board time to see what actions the state and other towns are taking in relation to this problem. Mr. LaPierre said that perhaps the Board should look into the previously mentioned property in Tannersville. Mr. Williams said another question of the bed tax is where people advertise online and claim a two or three bedroom house can accommodate twenty people. This exacerbates septic, water, and garbage problems.
Mr. Kroyer estimates that there are two to three hundred STRs in the Town of Jewett, and if they were required to register it would potentially overwhelm the Code Enforcement Officer, who would first have to find them all. Mr. McCrary said that Host Compliance is an organization that does exactly that. Mr. Goldberg said that the cost to the Village of Hunter would be about twenty thousand dollars a year; the Village of Hunter has approximately four hundred of these places. If the fee for a registration is set at a hundred dollars and the fine set for five thousand dollars in the interest of public safety, the town would generate a surplus. Mr. Kroyer warned about the potential for people lining up at the Public Hearings with pitchforks. Mr. McCrary said that if these ideas were pitched as public safety issues, people would be understanding. Mr. LaPierre said it becomes a serious issue with the kinds of numbers under discussion. Mr. Kroyer suggested keeping a ledger to document the scope of the problem. Ms. Bernard said the thing about slow and steady is compiling an information base, and doing something proactively.
Mr. LaPierre said when he gets home he will look up AirBnB’s original mission statement, and he would bet that the aforementioned property in Tannersville is not in accord with that statement. Mr. Kroyer said the lists are not perfect, as it remains up to the person to mark the location of the site however they want. The maps are not clear. Multiple listings found on Craig’s List and other sources shade the actual numbers. Ms. Bernard said the public safety issue could back the Town up if it has to act. Mr. McCrary said that such a registration system could be an asset to an absent owner, because if anything happens, he has a record.
Mr. Williams said that AirBnB offers a wonderful insurance plan and you get paid if people wreck your house. Mr. McCrary said the Town could request a list of all rentals from AirBnB to have in place for the Fire Department.
Mr. Kroyer called for a motion to adjourn. A motion to adjourn the meeting was made by Ms. Bernard, seconded by Mr. LaPierre, and unanimously approved at 8:25 p.m. The next meeting of the Planning Board falls on August 1st, 2019 at 7:30 p.m.
Respectfully,
Susan H. Epstein, Secretary
________________________________________
Gregory Kroyer, Chair
Added: July 03, 2019
Agenda Item 1: The meeting was called to order at 7:30 p.m.
Roll Call: Chair: Greg Kroyer
Present: Donna Bernard, Paul LaPierre, Marianne Romito, and Simon Williams
Also present was Town Board Liaison Councilman Michael B. McCrary
Agenda Item 2: Approval of the Minutes of April 4, 2019
Ms. Bernard made the motion to accept the minutes of April 4, 2019 as amended. Mr. LaPierre seconded the motion, which carried unanimously.
Agenda Item 3: Report by Town Board Liaison Michael B. McCrary
Mr. McCrary said that tonight was the 50th Anniversary of Neil Armstrong’s Moon landing.
Mr. McCrary reported that the Town Board has begun its discussion on short term rentals (AirBnB), which will increasingly become an issue. He said the Town of Hunter would have more issue with it than the Town of Jewett, because they provide sewer and garbage amenities.
Mr. LaPierre had seen a related article that he promised to copy for Mr. McCrary.
Mr. Kroyer thought that Jewett should proactively look at this issue. The Town of Lexington has chosen not to, because of the inherent difficulties.
Agenda Item 4: Betsy Pellitteri representing Mildred Belton, Monique Belton and York Mark Belton for an application for a Special Use Permit for a seasonal cabin for Parcel ID No. 129.00-3-2 in the Conservation Zoning District.
Mrs. Pellitteri brought the requested letter of representation, the applications, and the death certificate. The letter of representation and applications were found to be lacking some necessary signatures. Mrs. Pellitteri promised to provide them at the next meeting.
Mrs. Pellitteri brought a copy of the cabin design plans the new buyer would like to build, and a brochure for the composting toilet they will use.
Mr. Kroyer said there are two applications, the Special Use Permit Sketch Plan and Special Use Permit. The Special Use Permit is necessary for a residence in the Conservation Zoning District. A photo provided from 1991 shows a well maintained residence on the parcel. A photo from 1994 shows a house in need of repair and by 1997 the parcel was listed as vacant land.
Two checks were provided, dividing the cost between the buyer and seller equally so that the total cost of both applications was met.
Mr. Kroyer entertained a motion to declare the Town of Jewett Lead Agency for this unlisted action. Ms. Bernard so moved, Mrs. Romito seconded the motion, and it carried unanimously.
Mr. Kroyer asked Mr. LaPierre to read Part One of the SEQRA aloud. The total acreage is one and four tenths (1.4) acres, and the only area to be disturbed will be nine holes for the footing of the cabin, which are approximately twelve inches (12”) in diameter. The surrounding land is mainly forest and residential. There will be no utilities, as the cabin will be utilized as a seasonal camp. Potable water will be carried in, and they plan to use a composting toilet.
Mr. Kroyer himself read Part Two of the SEQRA aloud. After careful review, and based upon all current information, he said he would entertain a motion to give this unlisted action a Negative Declaration. Mr. LaPierre so moved, and Mr. Williams seconded the motion, which carried unanimously.
Mr. Kroyer mentioned that he had recently taken two hours of SEQRA training, and learned that the Planning Board’s previous procedure could be improved. He said that now the Board will set the Negative Declaration prior to the Public Hearing, and if any new information comes in at the Public Hearing, the Board will redo the SEQRA, find a new declaration, and have another Public Hearing.
Mr. Kroyer asked Mrs. Epstein to mail the Greene County Planning Board a 239 Form because of the proximity of this parcel to County Route 77.
Mr. Kroyer said he would entertain a motion to set the Public Hearing for June 6, 2019 at 8:00 p.m. Mr. LaPierre so moved, Mrs. Romito seconded the motion, which carried unanimously.
Mr. Kroyer provided Mrs. Pellitteri with the things she needs to post the Public Hearing sign, the letter stating the sign was posted, and the letter to be mailed by certified mail to the neighboring parcels.
Mr. Kroyer reminded Mrs. Epstein that the Legal Ad would need to be in the newspaper for the Public Hearing.
Agenda Item 5: Donald Brewer Surveying, Inc. Antonina Lorch, Parcel ID No. 128.00-7-19, and Antonina Lorch, Executrix of the Estate of Stefan Lorch, Parcel ID No. 128.00-7-20 for a Boundary Lot Line Adjustment Application.
Mr. Kroyer said that at the last minute he received an email from the attorney representing Antonina Lorch and Antonina Lorch, Executrix of the Estate of Stefan Lorch, asking for a postponement of one month on hearing this application.
Agenda Item 6: Report from Greene County Planning Board representative Cyndi LaPierre, as given by Mr. LaPierre
The GCPB received a Site Plan Review from the Village of Hunter to transform a former assembly hall from an antique store into a café. They plan to move the building back six feet (6’) and elevate it to mitigate floodplain and right of way concerns. A rear addition will be added. The building is a registered historic structure.
From the Town of New Baltimore came two subdivision and site plan statements due to their proximity to agricultural operations. This remains a local decision.
The Town of Catskill brought forward a Site Plan review and Special Use Permit regarding re-use of six existing apartments and additional outside seating at the new Marble Rock House Restaurant/Bar in Leeds. The building is eligible for the National Register of Historic Places.
Also in the Town of Catskill a Special Use Permit was received for developing a large scale, ground mounted solar energy system, which would produce about 1.6 MW of solar energy on almost six acres of land. 2,579 structures would be installed on the property with silt fencing and screening installation. The threatened northern long-eared bat lives on site.
Agenda Item 7: Other Business
Mr. Kroyer said that Mr. Owen Samuelsen failed to file his plats for the Boundary Lot Line Adjustment before the thirty-day deadline, and asked the Planning Board if it would give him the authority to sign and date the new plats that Mr. Samuelsen had provided.
Ms. Bernard noted that the Board must compare the old maps to the new to ascertain that nothing had changed. The comparison was made, and Mr. LaPierre and Mr. Williams noticed that the scale of one inch to a hundred feet was now inaccurate. The new map appears larger, Mr. LaPierre said. Mr. Kroyer said that he believed Mr. Vanucchi had used a different printer, and Mrs. Epstein commented that paper stretches.
Ms. Bernard stated that the Planning Board’s only real issue is with the little piece that was approved for the fifty-foot setback. Mr. LaPierre felt that the plat was inaccurate for legal work, and further noted that the symbol of a line drawn to scale was missing from the map. The question arose whether Greene County Real Property would approve the new map. After some discussion the Board voted to authorize Mr. Kroyer to sign the new maps if he brought the issue to the attention of Mr. Samuelsen. Mr. Kroyer promised he would do this. Mr. Kroyer said that he would entertain a motion that he would have the authority to sign the new copies of Mr. Samuelsen’s plat after speaking to him about everything that was discussed here tonight. Ms. Bernard so motioned, Mr. Williams seconded the motion and it was subject to a Roll Call Vote: Ms. Bernard – aye; Mr. LaPierre – aye; Mrs. Romito – aye; and Mr. Williams – aye.
Mrs. Epstein requested a new digital recorder from the Town, as her recorder is no longer functional. Mr. McCrary thought he had an extra one she could use. If not the Board will provide one.
Mr. Kroyer said that he would like to form a committee for discussion on the short-term rental situation, and asked for interested parties to join it.
The next monthly meeting of the Planning Board will be held June 6, 2019 at 7:30 pm.
Mr. Kroyer called for a motion to adjourn the meeting. Ms. Bernard so motioned, Mrs. Romito seconded the motion that carried unanimously at 9:00 p.m.
Respectfully,
Susan H. Epstein, Clerk
____________________________
Gregory Kroyer, Chair
Added: July 03, 2019
Agenda Item 1: Call to Order of the meeting at 7:30 p.m.
Roll Call: Chair: Greg Kroyer
Present: Donna Bernard, Marianne Romito, and Simon Williams
Absent: Paul LaPierre
Agenda Item 2: Approval of the Minutes of May 2, 2019
A motion made by Mrs. Romito to approve the Minutes as amended, and seconded by Mr. Williams, was approved unanimously.
Agenda Item 3: Report by Town Board Liaison Michael B. McCrary
Mr. McCrary said that the Town Board continues to look at Short Term Rentals (STR). The Town of Chatham created an amendment to their Zoning Law about two hundred and eighty pages long, and has four definitions of “resident,” which depend on classifications of rentals. A letter came in Tuesday’s mail from a resident who said if that amendment passes, the Planning Board should be thrown out.
Another supervisor said they are leaning toward a County-wide tax on STR regulations, which the County will have to pass the tax, but will then allow the towns to do the regulating. This idea will be at least eighteen months before enacted because it must pass the same regulations through the State, but it did seem to that supervisor an intelligent way of taking care of the issue.
Mr. McCrary feels Jewett may have to be more proactive.
Agenda Item 4: Donald Brewer Surveying, Inc. representing Antonina Lorch/ Parcel ID No. 128.00-7-19, and Antonina Lorch, Executrix of the Estate of Stefan Lorch/ Parcel ID No. 128.00-7-20 for a Boundary Lot Line Adjustment Application.
Mr. Kroyer invited Mr. Brewer to explain the plat. There are two lots in the Town of Jewett (Parcel ID Nos. 128.00-7-19 and 128.00-7-20), and one in the Town of Lexington (Parcel ID No. 128.00-3-2) over which the Jewett Planning Board has no authority.
Mr. Brewer provided the signed letter of representation, and handed around the new maps. A solid straight line depicts the property line to be adjusted across a dotted meandering brook that is the Lexington Town Line. Ms. Bernard wondered if the quantity of land to be transferred was over or under an acre. Mr. Brewer answered over, so the decision was made to switch from a Boundary Lot Line Adjustment to an Altered Lot Line Adjustment, and the new form obtained. While Mr. Brewer filled that out, Mr. Kroyer handed Mrs. Epstein the school district proof for the file. All acreage lies within the Hunter Tannersville Central School District. A receipt was given to Mrs. Kalinski for the fee she provided.
Mr. Brewer said that the property division that was put in was not exactly the way the Will described it to be, and because of the discrepancies within the previous survey, he was called in by the Court to correct the mistakes. He had a copy of the original Tax Map. Looking at the new plats and the difficulties presented by the demarcation of Town Lines, the Planning Board found that the total acreages did not add up correctly, so Mr. Brewer went aside to work out the math.
Mr. Brewer had resolved the problem with the figures. The acreage of the top lot now works out to be forty-seven and four hundred and ninety-two thousandths (47.492) acres, instead of the error of thirty nine and seven tenths (39.7) acres, of which eleven and nine hundred and thirty-three thousandths (11.933) acres are in Jewett. The second lot, which consisted of sixty-eight and nine hundred and seventy-three thousandths (68.973) acres, becomes one hundred four and five hundred and thirty-four thousandths (104.534) acres. A total of thirty-eight and four hundred and sixteen thousandths (38.416) acres are being transferred by this Altered Lot Line Adjustment within the Town of Jewett.
Ms. Bernard said Mr. Brewer should provide a map with the corrected amount of acreage, which he said he would do and then bring them back to be signed. He did leave a preliminary map for the file. Mr. Kroyer said the Board would need two copies after they have been filed with the County.
Mr. Kroyer said he would entertain a motion to approve the Altered Lot Line Application. Mrs. Romito so moved, Ms. Bernard seconded the motion, and it was subject to a Roll Call Vote: Ms. Bernard – aye; Mrs. Romito – aye; and Mr. Williams – aye.
Agenda Item 5: Betsy Pellitteri and Cindy Welch for Mildred Belton, Monique Belton, and York Mark Belton/ Parcel ID No. 129.00-3-2 for a Special Use Permit Application with a Public Hearing for this application scheduled for 8:00 p.m.
Mrs. Pellitteri handed the mailing receipts to Mrs. Romito to count. Four were sent out and three had come back. She provided the Letter of Sign Posting and returned the sign.
Mr. Kroyer called for a motion to open the Public Hearing at 8:00 p.m. Ms. Bernard so moved, and Mrs. Romito seconded the motion, which carried unanimously. Mr. Kroyer had a phone call from Mr. Bill Friedl on May 22nd inquiring about the Public Hearing; Mr. Kroyer said that Mr. Friedl seemed satisfied with what was occurring, and did not object. Seeing no public at the Public Hearing, Mr. Kroyer called for a motion to close the Public Hearing at 8:10 p.m.
Ms. Bernard asked whether the Planning Board had heard from the County regarding the 239 Form. Mr. Kroyer explained that the GCPB had no quorum, and did not meet, and that the Jewett Planning Board could act on this application. He asked the Board members individually if they were comfortable proceeding on this application, and everyone answered in the affirmative.
Mr. Kroyer said he would entertain a motion to approve this Special Use Permit for a seasonal cabin based on the condition they will provide adequate sanitary facility added and maintained by the applicant. Ms. Bernard so moved and Mrs. Romito seconded the application, which was subject to a Roll Call Vote: Ms. Bernard – aye; Mrs. Romito – aye; and Mr. Williams – aye.
Mr. Kroyer said that the buyer should stop by and pick up a copy of the SUP for her self. He also reminded Mrs. Epstein to put the follow up of the 239 Form in the mail for the GCPB.
Agenda Item 6: Greene County Planning Board update from Paul LaPierre
There was no quorum, and thus no meeting of the Greene County Planning Board.
Agenda Item 7: Other Business – to be determined
Mr. Kroyer said that Mr. Samuelsen’s problem was completely resolved. Mr. Kroyer had spoken to the Greene County Real Property people who were okay with the question that arose last month. He summarized his own feeling that it is up to the licensed surveyor to provide the maps, not the Planning Board’s. Ms. Bernard said the Board’s job is to make certain of the maps accuracy prior to signing them.
Mr. Kroyer said that a question had been raised by someone in the ZBA as to whether or not small sheds that had been placed too closely to a property line were subject to Jewett’s yardage requirements. Mr. Kroyer wanted to take a closer look at this question, in case it came up again. He said that the definition of a small shed or outbuilding of less than one hundred and forty-four (144) square feet does not come under coding requiring a building permit, and are therefore exempt from supervision by the CEO/ZEO. Mr. Kroyer further made the point that the definition of a building is that it has columns, sides and a roof, and even such items as a birdhouse, a mailbox, and a garbage can shed fit this definition. It would be ludicrous to subject a birdhouse to yardage requirement, and insofar as mailboxes or garbage can sheds go, they require a certain proximity to the roadway as part of municipal services. The Board discussed possible re-definitions of the law in order to settle this question, but every approach would create more problems than exist now. Most towns that Mr. Kroyer is aware of use the rule of “less than one hundred and forty-four (144) square feet” in their code. Ms. Bernard pointed out that even if a resident did complain about where a neighbor placed a shed, and even if the Board did act to change the definition of the law, all existing sheds and shed placements would be grandfathered in. The Planning Board saw no reason to change anything.
Mr. McCrary pointed out the addition of a new suggestion box in the hallway of the Municipal Building, although he has not heard of any yet.
Mr. Kroyer said that the next meeting of the Planning Board would fall on Tuesday, July 2nd at 7:30 p.m. A motion to adjourn the meeting was made by Mrs. Romito, seconded by Ms. Bernard, and unanimously approved at 9:20 p.m.
Respectfully,
Susan H. Epstein, Secretary
________________________________________
Gregory Kroyer, Chair
Added: May 09, 2019
Agenda Item 1: The meeting was called to order at 7:30 p.m.
Roll Call: Chair: Greg Kroyer
Present: Donna Bernard, Paul LaPierre, Marianne Romito, and Simon Williams
Also present was Town Board Liaison Councilman Michael B. McCrary
Agenda Item 2: Approval of the Minutes of March 7, 2019
Mr. LaPierre made the motion to accept the minutes of March 7, 2019 as amended. Ms. Bernard seconded the motion, which carried unanimously.
Agenda Item 3: Report by Town Board Liaison Michael B. McCrary
Mr. McCrary said that the Town Board appreciated the SAP presentation at last month’s meeting. Mr. Rappleyea is coming to the Town Board meeting with a whole packet regarding Air BNB rentals.
Agenda Item 4: Rob Allison of Catskill Region Surveying Services, PC representing JoAnn DeLong and Ronald and Sheila DeLong for Boundary Lot Line Adjustment for Parcel ID Nos. 114.00-2-16 and 114.00-2-17, respectively, in the Rural Residential Zoning District.
Mr. Allison came to represent JoAnn DeLong (Tax Parcel ID No. 114.00-2-16) and Ronald and Sheila DeLong (Tax Parcel ID No. 114.00-2-17) for a Boundary Lot Line Adjustment in the Rural Residential Zoning District. He provided location maps for the Board; the property is on Barnum Road off of Maplecrest Road. Ms. DeLong is under contract to sell property to the Streamside Acquisition Program (SAP), and her brother Mr. DeLong wanted to own the road and the ability to maintain his culvert. JoAnn wants to convey zero point seventy-one hundredths (0.71) acres to him. The property line was close to down the center of the right of way, and now will shift over to a solid line on the plat. Mr. Allison indicated the area Ms. DeLong will sell to the SAP. He has provided two copies of the application, a letter allowing him to represent Ms. DeLong, and a legal piece describing the piece belonging to Ms. DeLong, one for Mr. DeLong, and one describing the piece going to New York City for the SAP. He said all the demarcation lines have been blazed and brushed, and are clearly marked out. There is a small shed on Mr. DeLong’s property.
Mrs. Epstein said that Mr. Allison had provided the check for this application. Mr. Kroyer said the school district proof was in the file; it is Windham-Ashland-Jewett. The Board reviewed the materials provided. Although Mr. Ron DeLong will officially own the road, there is a deeded access (right of way) for Mr. Craig DeLong’s property. Seven and sixty-five hundredths (7.65) is the total acreage owned by Mr. Ron DeLong, the Board noted, in case he wants to divide and sell his land in the future.
Mr. Kroyer asked whether the members were comfortable proceeding. Seeing that they were, Mr. Kroyer asked for a motion to approve this Application for a Boundary Lot Line Adjustment. Mrs. Romito so motioned, Mr. LaPierre seconded the motion, and it was subject to a Roll Call Vote: Ms. Bernard – aye; Mr. LaPierre – aye; Mrs. Romito – aye; and Mr. Williams – aye.
Mrs. Epstein provided Mr. Allison the Decision Form, and a copy of the plat was reserved for the file. Mr. Allison said he would bring the signed plats back to the Board within two days.
Agenda Item 5: Public Hearing: Vanucchi Associates to represent Severin Palydowycz for a Subdivision Sketch Plan Conference and three-lot Minor Subdivision for property located at 10017 Route 23A, Jewett, NY, consisting of 43.671 total acres in the Rural Residential and Rural Conservation Zoning Districts. Tax ID No. 146.00-1-3
Mr. Kroyer called for a motion to open the Public Hearing for a Minor Subdivision for Mr. Severin Palydowycz for property located at 10017 Route 23A, Jewett, NY. Ms. Bernard so motioned, Mr. LaPierre seconded the motion, and the Public Hearing opened at 8:00 p.m. There were no public in attendance. At 8:15 p.m. Mr. Kroyer called for a motion to close the Public Hearing. Mr. LaPierre so motioned, Mr. Williams seconded the motion, which carried.
Agenda Item 6: Vanucchi Associates to represent Severin Palydowycz for a Subdivision Sketch Plan Conference and three-lot Minor Subdivision for property located at 10017 Route 23A, Jewett, NY, consisting of 43.671 total acres in the Rural Residential and Rural Conservation Zoning Districts. Tax ID No. 146.00-1-3
Mr. Joseph Vanucci provided the balance due for the application, a letter of representation, the mailing receipts, the letter certifying the mailing, the notice of sign posting letter, and the maps. The school district proof was already in the file from last month. Mr. Vanucchi forgot the sign that he posted, and promised to return it to Mr. Kroyer tomorrow. Mrs. Romito verified the receipt receivers.
The GCPB’s response to the 239 Form was passed around for Board review. The 239 had been sent out in this case because of its proximity within five hundred feet (500’) of a state highway. GCPB newly requests a Notice of Final Action after the Planning Board reaches a decision. Mr. Kroyer explained that the GCPB is an advisory board, and a town does not have to take their advice, but if the town wants to approve an action that GCPB has rejected, the town needs a majority vote plus one. Mr. LaPierre noted that is called a “super majority.”
The plats were spread for review. Ms. Bernard noted there is no disturbance planned, as no new building is planned; the property contains a house, well, and septic already.
Mr. Kroyer stated that the Board approved Mr. Vanucchi’s maps last month with the exception that the map read “proposed septic,” but is now corrected “sewage disposal system,” and the house had been labeled as a two bedroom, and is now corrected to three bedrooms. Lot One, consisting of fourteen and two-hundred and thirty-eight thousandths (14.238) acres, and Lot Two, consisting of seventeen and five-hundred and sixty-five thousandths (17.565) acres are north of Route 23A, and Lot Three with its pre-existing home, consisting of eleven and eight-hundred and sixty-eight thousandths (11.868) acres, to the south of Route 23A. A small private Palydowycz cemetery has been allocated one and eleven thousandths (1.011) acres bounded by Lot Three and the road, and marked as an easement. The cemetery thus remains part of Lot Three, and this remains a three-lot subdivision. Mr. Kroyer believes Mr. Palydowycz’s intention is to give the two lots to his two daughters. The Board has been satisfied as to its requests having been met. There is adequate road frontage on all lots.
Mr. Kroyer said the Board had done the preliminary review last month, so he requested a motion to make a Negative Declaration for this unlisted action. Mr. LaPierre so moved, Ms. Bernard seconded the motion, which was subject to a Roll Call Vote: Ms. Bernard – aye; Mr. LaPierre – aye; Mrs. Romito – aye; and Mr. Williams – aye. Mrs. Epstein completed the SEQRA Part Three for the file.
Mr. Kroyer asked if everyone had been satisfied with the maps and the rest of tonight’s presentation. Receiving agreement, he then asked for a motion to approve this three-lot Minor Subdivision for Severin Palydowycz, parcel ID No. 146.00-1-3. Ms. Bernard made the motion, Mrs. Romito seconded the motion, and it was subject to a Roll Call Vote: Ms. Bernard – aye; Mr. LaPierre – aye; Mrs. Romito – aye; and Mr. Williams – aye.
Mr. Kroyer signed the plats, and asked Mr. Vanucchi to bring two of the maps back after he had them signed by Greene County Real Property Office. One will be for the Planning Board file, and the other for the Assessor’s file. The conditions on Mr. Vanucchi are to return with two maps and the sign that he forgot. Mrs. Epstein completed the Decision Form.
Agenda Item 7: Report from Greene County Planning Board representative Cyndi LaPierre, given by Mr. LaPierre
In March, the GCPB received a Site Plan from the Town of Jewett regarding the creation of a three-lot subdivision on Route 23A. All the lots have road frontage, and two lots border the East Kill.
In the Town of Catskill, an Area Variance in Palenville was received for a garage construction, because it did not meet setback requirements. GCPB said this was a local decision. Also in Palenville, a Site Plan was received to convert an existing single-family residence on Route 23A into a design studio, accompanied by the renovation of an existing barn and the addition of a garage type structure.
The Town of Hunter has updated its comprehensive plan and referred it to the GCPB for approval. The goals of Hunter’s Comprehensive Plan include support of economic vibrancy; infrastructure and transportation; enhancing community character and aesthetic appeal; enhancement of cultural, educational, historical and recreational opportunities; and optimizing government and community services.
The Village of Tannersville received a variance for a front yard fence in order to protect young children in a high traffic area in the Village, whose current rules do not allow for this use. Mr. LaPierre said the Village is waiting to hear from NYSDOT. Apparently the fence replaced a previously existing fence, but the property owners did not ask permission. Mr. McGunigle recommended that the decision be tabled until word comes from NYSDOT.
Agenda Item 8: Other Business
Mr. Kroyer expressed his disappointment that the DEC Permit Division was unswayed by his comments and proceeded to approve the application for a chemical application to Natty Bumpo’s Lake. The Planning Board also expressed disappointment, because of its own efforts to preserve clean healthy water in Jewett. The application was approved only for this year, and the chemical “Clear Cast” can be applied up to three times. Ms. Bernard asked whether the DEP had commented, and Mr. Kroyer replied that they were negligent and did not even bother to comment. Mr. Kroyer had acquired knowledge of several alternative methods, which could have done this job without chemically contaminating our waterways.
Mr. LaPierre said that Ed Diamonte of the Greene County Planning & Economic Development had retired, and that now Karl Heck held the position.
Mrs. Romito had heard that the Circle W of Palenville was opening a second location on Main Street in Catskill.
The next monthly meeting of the Planning Board will be held May 2nd, 2019 at 7:30 pm.
Mr. Kroyer called for a motion to adjourn the meeting. Ms. Bernard so motioned, Mrs. Romito seconded the motion that carried unanimously at 9:00 p.m.
Respectfully,
Susan H. Epstein, Clerk
____________________________
Gregory Kroyer, Chair
Added: April 05, 2019
Agenda Item 1: The meeting was called to order at 7:30 p.m.
Roll Call: Chair: Greg Kroyer
Present: Donna Bernard and Marianne Romito
Absent: Paul LaPierre and Simon Williams
Also present were Town Board Liaison Councilman Michael B. McCrary, Councilman JR Quackenbush, Supervisor James Pellitteri and Zoning Board of Appeals Member Carol Miles.
Agenda Item 2: Approval of the Minutes of February 7, 2019
Ms. Bernard made the motion to accept the minutes of February 7, 2019 as amended. Mrs. Epstein seconded the motion, which carried unanimously.
Agenda Item 3: Report by Town Board Liaison Michael B. McCrary
Mr. McCrary noted that the application fees for the Town of Jewett had changed, that the application forms were being updated to reflect that change, and that all will be put on the web site shortly, once they have been reviewed.
Agenda Item 4: Lisa Wachtel, Kali Bird, and Brian Sechler for a Streamside Acquisition Presentation.
Town Board and Zoning Board members turned out for an excellent presentation by the Streamside Acquisition team of Lisa Wachtel, Kali Bird, and Brian Sechler.
Ms. Bird introduced the Streamside Acquisition Program (SAP) as a way to maintain clean water, wildlife habitats, the natural beauty, and recreation along the Schoharie Water Basin. Their goals include flood prevention and erosion. The process began in 1989 when the EPA updated its Surface Water rules. In 1990 the NYCDEP Watershed Protection Plan was released. In 1991 the Coalition of Watershed Towns (CWT) was formed. In 1995 Governor Pataki got involved, and in 1997 the Memorandum of Agreement was signed. Today NYC is responsible to meet a Filtration Avoidance Determination (FAD), required by the federal EPA with NYSDOH given regulatory authority. The Water Supply Permit (WSP) is issued by the NYSDEC.
Ms. Wachtel explained the SAP Basics. The goal is permanent protection of streams and adjacent buffer land. The program is run solely within the Schoharie Basin, and targets streams, three hundred foot (300’) buffers, floodplains and wetlands. It focuses on small parcels aiming at fair market value. The CCCD works closely with NYCDEP in the selection of properties. Thus far 264 parcels have been solicited, and 43 appraised. The average parcel size is 6 acres, and parcels are valued at an average of $40k per lot, or $6.6k per acre. 24 offers have been accepted. To protect the water, they protect stream corridors, riparian buffers, floodplains, wetlands, healthy forests, and steep forested slopes. Criteria for selection of suitable streamside areas for acquisition is run through extensive streamside and GIS database programs of the DEP. Ms. Wachtel completed her talk by giving examples of how certain streamside acquisition properties have been handled. The Planning Board came away from the presentation with a clear idea of how the program is intended to function.
Agenda Item 5: Vanucchi Associates to represent Severin Palydowycz for a Subdivision Sketch Plan Conference and three-lot Minor Subdivision for property located at 10017 Route 23A, Jewett, NY, consisting of 43.671 total acres in the Rural Residential and Rural Conservation Zoning Districts. Tax ID No. 146.00-1-3
Mr. Joseph Vanucchi represented Mr. Palydowycz for a Sketch Plan Conference tonight for a three-lot subdivision. Forty three and six hundred and seventy one thousandths of an acre (43.671) are intended to be divided as follows: Lot One to become fourteen and two hundred and thirty-eight thousandths (14.238) of an acre; Lot Two to become seventeen and five hundred and sixty-five thousandths (17.565) of an acre; and Lot Three, consisting of eleven and eight hundred and sixty-eight thousandths (11.868) acres, and a small family cemetery plot on one and one hundredths (1.01) acre. There is an existing home on this lower parcel. The upper parcel is being divided into two parcels.
The maps that Mr. Vanucchi provided were spread for Planning Board review. Mr. Kroyer asked whether the frontage, setbacks, and zoning requirements had all been met. The Board agreed that they had. The application described the residence as a two-bedroom home, but Ms. Bernard noted that Greene County GIS describes the residence as three-bedroom with a porch and patio. The home is in the Rural Residential Zoning District and the total parcel is within the Hunter-Tannersville School District.
Mr. Kroyer explained to Mr. Vanucchi that the fees had increased. Mr. Vanucchi provided a check that covered the Sketch Plan Review and part of the Subdivision fee. He will pay the balance when he comes next month. Proof of school district and a letter of representation have been provided. Mr. Kroyer called for a motion to declare the Planning Board Lead Agency. Ms. Bernard so moved, Mrs. Romito seconded the motion, which carried unanimously. Mr. Kroyer then read the SEQRA aloud to the Board. A question arose about the residence located in the one hundred year flood plain. The Board concluded no disturbance, as the home already exists.
The Board reviewed Part Two of the SEQRA and determined a preliminary Negative Declaration. Mr. Kroyer called for a motion to hold the Public Hearing for this three-lot subdivision at the next meeting of the Planning Board on April 4th, 2019 at 8:00 p.m. Mrs. Romito so moved, and Ms. Bernard seconded the motion, which carried unanimously. Mrs. Epstein is to place the legal ad in the papers, and a 239 form will need to be mailed to the GCPB because of its proximity to a state highway. Mr. Kroyer gave the posting materials to Mr. Vanucchi, asked him to bring five new maps that do not say “Preliminary,” and explained that the Board now wants plats that have been stamped by Greene County Real Property Office for its files.
Agenda Item 6: Report from Greene County Planning Board representative Cyndi LaPierre
Mr. LaPierre was absent tonight.
Agenda Item 6: Other Business
Mr. Kroyer said that Charles Holz, a surveyor, represents the owner of three lots on Goshen Street that he hopes to consolidate into one lot. This will require the subdivision abandonment procedure that will need to be taken before Greene County Real Property Tax Service with the Town Assessor’s assistance.
Mr. Kroyer said that the FCC has passed new legislation that affects the way municipalities handle applications regarding cell towers. The cell tower company that came before the Board a couple years ago does not intend to build a new tower. Instead they will change out the antennas on the existing tower. Mr. Giangrande had asked good questions – “How long will this project take?” and “How long will area residents be out of cell service?” and also “What would be the improvement and enhancement of service to the Town?” Mr. McCrary said that we should also be asking about 5G coverage.
Mr. Kroyer said that he had no response yet regarding the chemical application to the DEC to treat milfoil in the Natty Bumpo Lake.
The next monthly meeting of the Planning Board will be held April 4th, 2019 at 7:30 pm. At 8:00 pm. will be the Public Hearing for the Application for a Minor Subdivision for Mr. Palydowycz.
Mr. Kroyer called for a motion to adjourn the meeting. Ms. Bernard so motioned, Mrs. Romito seconded the motion that carried unanimously at 9:00 p.m.
Respectfully,
Susan H. Epstein, Clerk
____________________________
Gregory Kroyer, Chair
Added: March 08, 2019
Agenda Item 1: The meeting was called to order at 7:30 p.m.
Roll Call: Chair: Greg Kroyer
Present: Donna Bernard, Paul LaPierre, and Marianne Romito
Absent: Simon Williams
Also present was Town Board Liaison to the Planning Board, Councilman Michael B. McCrary.
Agenda Item 2: Approval of the Minutes of January 3, 2019
Mr. LaPierre made the motion to accept the minutes of January 3, 2019 as amended. Mrs. Romito seconded the motion, which carried unanimously.
Agenda Item 3: Report by Town Board Liaison Michael B. McCrary
Town Board Liaison McCrary said the Town Board is very pleased with the progress the Planning Board makes.
Agenda Item 4: Owen Samuelson for a Boundary Lot Line Adjustment for properties located at 117 and 131 Carr Road, Town of Jewett, NY 12444; Tax Parcel ID Nos. 146.00-3-21 and 146.00-3-9, Rural Conservation Zoning District
Mr. Kroyer had contacted Mr. Vanucchi to inform him of what the Planning Board required. Mr. Samuelson was in attendance tonight. Mr. Kroyer inquired about the maps. Mr. Samuelson had brought six copies plus the Mylar printed out on 12” x 18” paper, addressing the concerns from last month. The closest distance from the swimming pool to the notch representing the setback is now fifty-one point four feet (51.4’), so the “notch” was corrected. Mr. Kroyer noted an adjustment of twenty-three hundredths (0.23) of an acre. The Planning Board was also looking to add bearings on all the lines. Mr. LaPierre said they were there. Mr. Samuelson brought the deed descriptions, with a copy put in the file, for each resulting property. These two deeds will also be filed with Greene County. Mr. Samuelson signed the application, and paid the fee for the Boundary Lot Line Adjustment. Mrs. Epstein provided him with a receipt. He also provided proof of the School Tax District.
Mr. Kroyer asked whether the Board had time to review everything. Hearing a resounding “Yes!” from each Board member, Mr. Kroyer said he would entertain a motion to approve the application for a Boundary Lot Line Adjustment for Owen Samuelson. Ms. Bernard so moved, Mr. LaPierre seconded the motion, and it was subjected to a Roll Call Vote: Ms. Bernard – aye; Mr. LaPierre – aye; and Mrs. Romito – aye. Mr. Kroyer stated, “The motion now passes!” Mrs. Epstein filled out the Decision form and provided a copy to Mr. Samuelson, a copy to Mr. Kroyer, and one for the file. Mr. Kroyer signed the plats, asked for a copy of the map for the file, and then asked for two copies of those filed with the County.
Mr. Samuelson asked where he had to file the plats, and the Board told him that it is in the same building as Motor Vehicles, 411 Main Street, Catskill, NY 12414.
Agenda Item 5: Report from Greene County Planning Board representative Cyndi LaPierre
Mr. LaPierre read that in New Baltimore there is a Site Plan for a Special Use Permit for an installation of a 750 kilowatt solar array on the east side of Route 9W north of Route 144 that would be gated, have a wildlife fence, twenty-four (24) acres to be developed, and a one-hundred foot (100’) buffer zone. The County has no issue with this, and the power would be distributed directly to the power lines.
The Town of Cairo had a minor revision to a previously approved solar voltaic array system. A portion of the property off the main street extension – twenty-three and seven tenths (23.7) acres – allocates ten (10) acres for solar panels. The distribution generation needs a different access road because of interference with a private driveway.
Agenda Item 6: Other Business
Mr. Kroyer said the Board is expecting a Special Use Application for a Guest House. He has seen the drawings, which Mr. Giangrande is reviewing. Ms. Bernard said the Planning Board created Guest House definitions after Holland’s application. This Guest House would be located on Round Hill Road between Maplecrest Road and Losee Road on the south side. Ms. Bernard commented that some beautiful old structures exist on that road with exquisite stonework. She remembered the Air B&B on Round Hill Road, which went into Article 78 with the town, because it was not an approved use.
Ms. Bernard has been doing some work on developing Planning Board By-Laws. The idea still needs to run by the Town Board and Mr. Rappleyea.
Mr. Kroyer said that the Department of Environmental Conservation (DEC) has a permit department. A culvert is being installed on Colgate Road next to the dam. They copied the Town of Jewett, and either the Planning Board (PB) or the Town Board will need to do a SEQRA. Mr. Kroyer felt the town should be an involved agency. Ms. Bernard questioned whether the Town is an “involved” agency or an “interested” party. Mr. Kroyer thinks that as the PB is experienced at doing SEQRA, it would probably do the work, and then have the Town Board vote to approve it. The DEP, DEC, and Army Corps of Engineers will ascertain the installation is done right. Mr. Kroyer does not want to be left out of the DEC permit process should something happen in Jewett. Mr. LaPierre remembered a culvert on Scribner Hollow that became a nightmare. Mr. Kroyer hopes that sort of thing will become a thing of the past.
Mr. Kroyer said that an additional application has been put in with the DEC to chemically treat Mil Foil in Natty Bumpo’s Lake. The Planning Board has concerns with this and Mr. Kroyer is concerned that the DEC would consider chemically treating the lake. He has been briefed on the application. He read the two hundred plus pages of the DEC pamphlet on that particular chemical, and when mixing it, the person has to wear full chemical gear. The Army Corps of Engineers has said, “It is not our jurisdiction.”
Mr. Kroyer said that he would not receive further information until February 14th when the comment period is over. The DEC did a SEQRA, and came up with a Negative Declaration. The Planning Board could do its own SEQRA and perhaps come up with a Positive Declaration, but Mr. Kroyer is not sure whether this is a step the Board needs to take. He is expecting that the DEP will weigh in. Mr. LaPierre said that particular chemical is very toxic, and that this is a fishing stream. The outflow cuts through an area recently acquired by the DEP and then flows directly into the East Kill.
Mr. Kroyer said that the application makes claims that chemically treating the pond is virtually harmless – but there are no studies as to whether this chemical is safe in drinking water. Mr. Kroyer replied to the DEC that there is no known safe level of this chemical in drinking water. There is every reason in the world to deny this action. The permit would allow up to three applications of this chemical to the pond this summer. Mr. Kroyer said that the Town of Jewett should be an involved agency on this. Ms. Bernard noted this Board and the Town Board have powers to act, as in the completion of a SEQRA. She said it is the Town Board of Jewett that is involved, but the Planning Board would be serving as the involved agency.
Mr. LaPierre said that with something as egregiously wrong as this, it should be standard that the Town would be involved. Mr. Kroyer wants to step in and become involved, so that this type of application does not occur without input from the Town.
Mr. Kroyer summarized the Board should be aware it may be called upon to do SEQRAs for applications that may have nothing to do with its Town Code, and that it will definitely be doing one for the culvert up at Colgate Lake.
The next monthly meeting of the Planning Board will be held March 7th, 2019 at 7:30 p.m.
Mr. Kroyer called for a motion to adjourn the meeting. Ms. Bernard motioned to adjourn the meeting. Mr. LaPierre seconded the motion to adjourn the meeting, and it carried unanimously at 8:30 p.m.
Respectfully,
Susan H. Epstein, Clerk
____________________________
Gregory Kroyer, Chair
Added: February 11, 2019
Agenda Item 1: The meeting was called to order at 7:30 p.m.
Roll Call: Chair: Greg Kroyer
Present: Donna Bernard, Paul LaPierre, Marianne Romito, and Simon Williams
Also present was Town Board Liaison to the Planning Board, Councilman Michael B. McCrary.
Agenda Item 2: Approval of the Minutes of December 6, 2018
Ms. Bernard made the motion to accept the minutes of December 6, 2018 as amended. Mrs. Romito seconded the motion, which carried unanimously.
Agenda Item 3: Report by Town Board Liaison Michael B. McCrary
Town Board Liaison McCrary said the Town Board is very happy to welcome Mr. Simon Williams as the new Planning Board member.
Agenda Item 4: Owen Samuelson for a Sketch Plan Conference for properties located at 117 and 131 Carr Road, Town of Jewett, NY; Tax Parcel ID Nos. 146.00-3-21 and 146.00-3-9, Rural Conservation Zoning District
Mr. Kroyer said that he had initially expected this to be a Variance, but since that did not work out, the Planning Board will move forward with a Boundary Line Adjustment. Owen Samuelson was expected to be present, but he was unable to appear tonight.
Mr. Vanucchi had given preliminary sketches to Mr. Kroyer, who passed them around to the Planning Board. Mr. Kroyer said that the map shows two pieces of property, both touching, and both owned by Mr. Samuelson. A stonewall down the center divides the two parcels, and there is a pre-existing corridor leading to a spring house where Mr. Samuelson got his water prior to drilling a new well. Mr. Kroyer told the Board to note the area behind where Mr. Samuelson has his swimming pool; Mr. Vanucchi has notched out a parallelogram to the left of the corridor where the setback lacked the necessary footage from the pool. Mr. Vanucchi took twenty-one hundredths (.21) of an acre from the upper parcel to give to the lower parcel. The map notes in writing that the upper parcel, now five and sixty-two thousandths (5.062) acres, will be five and forty-one thousandths (5.041) acres after adjustment, and that the lower parcel, now five and forty-five (5.045) thousandths acres, will be five and sixty-six thousandths (5.066) acres after adjustment. The deepest point from the outermost corner of the pool reads sixty-point-eight feet (60.8’) on the map.
Mr. LaPierre was concerned that the two points of the parallelogram might not actually be fifty feet (50’) from the outermost corner of the pool. He asked whether a radius of fifty-feet would clear those corners. Mr. Kroyer answered that if he considers the wording of the minimum side yard law, Mr. Vanucchi has this drawn correctly. Mr. LaPierre said he had no problem with the sixty-point-eight depth, but could not tell whether the two points where the parallelogram meets the stonewall meet the fifty-foot (50’) requirement. He thought of another way Mr. Vanucchi could have created the space. Mr. Kroyer wanted to know whether what Mr. Vanucchi has drawn would meet the requirements.
Mr. LaPierre said that in his understanding of the law, any structure must be fifty-feet from the property line no matter where it is measured. Mr. Kroyer said he understood. Mr. LaPierre said the survey point is not well defined on the drawing. Mr. Kroyer asked the Board whether that was the consensus here, and the Board agreed, so the drawing must provide this accuracy.
Mr. Kroyer said the Boundary Line Adjustment must show the fifty-feet accurately, that it must show corresponding deeds reflecting both properties, and the Board needs the tax bills proving the School District. The Board still needs an application and the fee. Mr. Vanucchi clearly said that this is a “preliminary” map. Mr. Kroyer and Mr. LaPierre discussed whether Mr. Vanucchi had provided a bearing point for the corner point in question. Mr. Kroyer said it was important for this to be placed within the new deed description, and that Mr. Vanucchi would have to provide something that the County would accept. Ms. Bernard said the bearings must be shown for the forty-nine and forty eight hundredths feet (49.48’) width of the parallelogram, and that all points of the pool meet the fifty-foot (50’) side lot line. Mr. Kroyer noted that all the things discussed tonight would have to be tabled until the Board receives the application and the fee. He will oversee that everything is taken to the next level and that everybody on the Board is satisfied with the result. Ms. Bernard noted that if Mr. Vanucchi is to represent Mr. Samuelson, he would also need a Letter of Representation.
Agenda Item 5: Hunter Mountain Ski Bowl for a six-month extension for the Special Use Permit Ski Area
Mr. Kroyer sent Mr. Coloton an email stating that the Hunter Mountain North Special Use Permit expires on February 1, 2019, and stated that the Town of Jewett Planning Board, upon request, could issue a six-month extension, which would extend the expiration date to August 1, 2019. This should give the construction team plenty of time to wrap things up. Mr. Coloton called Mr. Kroyer at 9:58 am on December 20, 2018 and made this request.
Mr. Kroyer said that road improvements to date have been temporary. The road is not done, although he thought the existing road held up well to the construction equipment moving upon it. Mr. LaPierre stated that where the road meets Route 23A will be problematic for snowplowing this winter. There is a break that that plow catches and tears up. Mr. Kroyer said that Hunter Mountain had agreed to pave that little piece although that was not part of the original deal.
Initially they were going to improve the bridge from the ski slope to the Deming Road side of the bridge, but now they are going to improve the road from the edge of 23A to the bridge, and from the bridge to the bend. Mr. LaPierre said they had done that with the temporary paving. Mr. Kroyer said that the consensus was that the road would come out better if they waited until spring or early summer for the final paving. Mr. LaPierre said they would have to dig all that up. Mr. Kroyer and Mr. Mallory agreed that the existing base, which is really compacted by now with all the equipment they have moved over it, is good. They do have to apply the binder and several layers of pavement. They are also going to widen the road and lay base for the shoulders. Mr. LaPierre said they did excavate the west side of the road and put stone in there, and then paved it.
Mr. LaPierre said he did not remember anybody ever putting a base in there, and Mr. Kroyer replied that what is already there is a base. Mr. LaPierre said that was oil and chips that has been paved over countless time, but that he did not remember any actual stone base. Mr. Kroyer said that the Highway Superintendant is the one who has to sign off on this. Mr. LaPierre said that his understanding was that they had agreed to take off the surface from the roadway to the bridge and put in a monolithic paving. Mr. Kroyer agreed that is what will happen.
Mr. Kroyer said that the Site Plan is not completed, because the road is unfinished. Mr. LaPierre said they still had not met the Speed Limit change. Mr. Kroyer said that is up to the DOT. Mr. McCrary said it could take DOT up to a year to make those changes. Mr. LaPierre said that he is concerned about that passing lane. The Board agreed. Ms. Bernard said that the representative from Delaware Engineering had suggested ways for the Jewett Planning Board to present its requirements and that Jewett put everything into the requirements that it could think of when the project came up before both Planning Boards.
Mr. Williams expressed his concerns about the poor signage currently at Deming Road. It is not prominent enough to be seen within driver reaction time, so people slow down quickly for the turn, and this is dangerous. Mr. Kroyer said that eventually a sign will be put in like Hunter Mountain has on it’s other entrance.
Mr. Kroyer read the SUP law aloud for the Planning Board to be aware of what gives it the authority to grant the six-month extension. Item Three (3) out of five requirements – the improvement of the road at their own expense, was the only requirement not met. Six-month extensions are something the Board has offered in the past. Mr. Kroyer asked whether this topic needs further discussion. He took their initial permit and bumped the date out six-months, and wanted to have the Board approve this tonight.
Ms. Bernard said that she has proactively placed this project ahead in her calendar to keep this process on her radar. Mr. McCrary suggested having the Highway Superintendent report on the roadwork. Mr. Kroyer said this requires more than the Highway Superintendant; the CEO (Code Enforcement Officer) will also have to sign off on it.
Mr. Kroyer asked whether anyone else needed to talk further on this matter. If not, he would entertain a motion to approve the six-month extension for the Hunter Mountain North Expansion Process. Mr. Williams expressed his concern with the private roadway, and Mr. Kroyer answered that it does not lie within the Town of Jewett right of way. Ms. Bernard said that in Planning we have responsibility for some things, but not all. Mr. Kroyer asked whether he had everyone’s agreement; seeing that he did, he said he would entertain a motion for a six-month extension for the Special Use Permit for the Hunter Mountain North Expansion Project. Mr. LaPierre so moved, and Mr. Williams seconded the motion, and it was subject to a Roll Call Vote: Ms. Bernard – aye; Mr. LaPierre – aye; Mrs. Romito – aye; and Mr. Williams – aye.
Mrs. Epstein completed the Decision Form provided by Mr. Kroyer, and made copies for Mr. Kroyer, the applicant and the file.
Agenda Item 6: Report from Greene County Planning Board representative Cyndi LaPierre
Mr. LaPierre said that for the last meeting, when he wasn’t here, there was no report, and this month the meeting of the GCPB was short.
The Village of Catskill presented a Site Plan Review for the restoration of an existing building at 107-111 Water Street for a combination art gallery, studio, and café on the first two levels. The building, erected in 1884, will provide artist spaces. They seek permission to utilize the County parking lot after hours.
The Village of Athens introduced a local law to change standards of appeal for historic review determinations. This adds greater transparency and provides another opportunity to comment.
The GCPB approved both applications.
Agenda Item 8: Other Business
Mr. Kroyer passed out a nice flow chart on the basic SEQRA process, which is changing again. Ms. Bernard remembered from a slide during a SEQRA class that the Boundary Lot Line Adjustment would now be a type two action and subject to SEQRA. She asked the Soil and Water District to find someone to teach the new regulations to SEQRA, because of its complexity.
Mr. Kroyer said the Code they had worked so diligently on has now been officially completed. The printer from whom he had expected completed books, just sent them the Amendments. It will still need to be compiled into one Code Book. The Supervisor will then scan it and the Town Clerk will put it on the website.
The next monthly meeting of the Planning Board will be held February 7th, 2019 at 7:30 p.m.
Mr. Kroyer called for a motion to adjourn the meeting. Mr. LaPierre motioned to adjourn the meeting. Mrs. Romito seconded the motion to adjourn the meeting, and it carried unanimously at 8:47 p.m.
Respectfully,
Susan H. Epstein, Clerk
____________________________
Gregory Kroyer, Chair
Added: January 06, 2019
Agenda Item 1: The meeting was called to order at 7:30 p.m.
Roll Call: Chair: Greg Kroyer
Present: Donna Bernard and Marianne Romito
Absent: Paul LaPierre
Also present was Town Board Liaison to the Planning Board, Councilman Michael B. McCrary.
Agenda Item 2: Approval of the Minutes of November 1, 2018
Ms. Bernard made the motion to accept the minutes of November 1, 2018 as written. Mrs. Romito seconded the motion, which carried unanimously.
Agenda Item 3: Report by Town Board Liaison Michael B. McCrary
Councilman McCrary said the Town Board congratulates Chair Kroyer for his presentation on the extension for the Scenic By-way at the Lexington Community Center. These roads will affect SEQRA slightly once accepted as Scenic By-ways. Mr. McCrary commented that Mr. Kroyer and Mr. Quackenbush made a great comic duo, playing off each other like Laurel and Hardy. The diagram presenting the Scenic By-ways currently hangs on the wall of the Municipal Building downstairs meeting room in case people wish to come and look at it.
The Town Board is appreciative of the Planning Board’s swift handling of most matters as it pertains to the town, maintaining the spirit of the town, and managing to increase its tax base.
Mr. Kroyer said that they were still willing to hear people’s points of views on the Scenic By-way. Ms. Bernard suggested that the Scenic By-way poster be hung on the wall at the Senior Center and a notice posted online that it is available for viewing. At a previous meeting, Mr. LaPierre asked to be added to the narration for his fine furniture crafting on Deming Road.
Agenda Item 4: Public Hearing for Carlos Clark Tompkins represented by Rob Allison of Catskill Regional Surveying Services P.C. for a Minor Subdivision for property located at 454 Rice Street, Town of Jewett, NY; Tax Parcel ID No. 129.00-5-36, Rural Residential Zoning
A neighbor, Mr. Schreiber, came in for the Public Hearing. He said he had owned the property adjoining Mr. Carlos Clark Tompkins’ property since 1975, and 75% of the lake. The deed written for the lake specifies no boats, but they swim in it. His family does not like SUVs or four wheelers, and as of last year his children decided not to permit hunting on the property. Mr. Schreiber also owns the Windham Vineyard, which ranked twentieth from Hawaii to Hunter. They serve only the finest wines, cheeses, and best everything, but no hard liquor. His wife Jessica does all the food preparations.
Mr. Rob Allison representing Carlos Clark Tompkins for this Public Hearing of a Subdivision Application. He tried to pick up the sign from Mr. Thorpe, but Mr. Thorpe had forgotten the sign, so he will drop it off tomorrow upstairs.
Mr. Kroyer asked for the mailing receipt forms. Mr. Allison handed Mrs. Epstein the letter of sign posting and the letter certifying the mailing receipts were sent. The mailing receipts went to Mrs. Romito who checked them for accuracy. She said they were all there.
Mr. Kroyer had provided copies of the DEP letter for the Board, and said Ms. Garcia’s comment concerned the location of the sub-surface septic system for the house. The Planning Board deemed that the septic system underground was mapped out approximately, and sufficiently, since it does not have to meet setbacks.
Mr. Allison said they had not changed anything on the map, but made copies. The house is a modular home. The property line bounds the stonewall, leaving a buffer for the property owner.
Mr. Kroyer said he would entertain a motion to declare Lead Agency status for this unlisted action. The motion, made by Ms. Bernard, was seconded by Mrs. Romito and carried unanimously.
Ms. Bernard asked whether the Planning Board had completed Part Two of the SEQRA? Mrs. Epstein found no record of that in the file. Mr. Kroyer handed Mrs. Romito a clean copy to read aloud to the Board. Giving Part Two of the SEQRA careful consideration, the Board answered all questions in the negative. Mr. Kroyer said that he would entertain a motion to give the SEQRA a Negative Declaration.
Mr. Kroyer said that he considered that the preliminary Negative Declaration, and that he would entertain a motion to open the Public Hearing for a Minor Subdivision for Tax Parcel ID No. 129.00-5-36 owned by Carlos Clark Tompkins. Mrs. Romito so motioned, Ms. Bernard seconded the motion, which carried. The Public Hearing opened at 8:10 p.m.
Mr. Schreiber asked Mr. Allison what NYC has to do with the Public land here. Mike McCrary answered this is a Streamside Acquisition, and he is unsure if there will be public access. He said the DEP sends a form before the Board. Mr. Kroyer and Mr. Schreiber looked at the plat, and reviewed the property still belonging to Mr. Tompkins. Mr. Tompkins is keeping a strip of land between Mr. Schreiber’s property and the Streamside Acquisition. Mr. Allison said this thirty-five foot strip of land would be owned and controlled by Mr. Tomkins down to the stream. Mr. Schreiber’s property still adjoins Mr. Tomkins’ property, and that strip will buffer him from the NYCDEP Streamside Acquisition. Mr. Schreiber commented that his family and he never had problems with Mr. Tompkins. That piece of land would be too steep, he noted, for access by four-wheelers.
Mr. Kroyer explained that the Streamside Acquisition program, run by the Center for Acquisition and Development, is ultimately funded by the DEP, but there will be a conservation easement over it by the DEC; that is the law. Ms. Bernard noted that the signs lists both DEP and DEC. Mr. Schreiber said he has experienced problems with trespassers along a right-of-way where people assumed they could run four-wheelers and everything else. Mr. Kroyer said that the Streamside Acquisition parcels prohibit those activities, but does permit fishing and hiking. Streamside preservation maintains the quality of NYC’s drinking water, and in preventing “everything else,” they are also helping Mr. Schreiber’s interests.
After Mr. Schreiber’s departure, Mr. Kroyer said he would entertain a motion to close the Public Hearing. Ms. Bernard so moved, Mrs. Romito seconded the motion, which carried unanimously, and the Public Hearing closed at 8:26 p.m.
Mr. Kroyer asked whether anyone had heard anything to change their minds in relation to the Neg Dec, but no one had. Mr. Kroyer said he would entertain a motion to declare a Negative Declaration for this unlisted action. Mrs. Romito so moved, Ms. Bernard seconded the move, and it was subjected to a Roll Call Vote: Ms. Bernard – aye; Mrs. Romito – aye; and Mr. Kroyer – aye.
Mr. Kroyer asked Mrs. Epstein to mail out the letter notifying the DEP of the Neg Dec. He then asked for a motion to approve the Minor Subdivision application for Carlos Clark Tompkins. Ms. Bernard made the motion, Mrs. Romito seconded the motion, and it was subject to a Roll Call Vote: Ms. Bernard – aye; Mrs. Romito – aye; and Mr. Kroyer – aye.
Mrs. Epstein prepared a Decision Form while Mr. Kroyer requested copies of the plats after Mr. Allison has filed the plats with Greene County. He explained that this requirement is because in the past plats were not filed on time, and returned to the Planning Board for a process it had thought was finished. Mr. Kroyer said that he would like one copy left with the Board today and a couple of copies of the actual filed copy would work. Mrs. Romito explained that this would be sufficient for the Board to have proof that the plats were filed with the County.
Mr. Allison remembered that he still owed some money for the Subdivision application, which fee he paid, and Mrs. Epstein wrote him a receipt. Mr. Kroyer told Mr. Allison sincerely how much the Planning Board has enjoyed working with him. He left one map for the file, and will either mail or bring the extra copies later.
Agenda Item 6: Report from Greene County Planning Board representative Cyndi LaPierre
Mr. LaPierre was not in attendance tonight.
Agenda Item 8: Other Business
Ms. Bernard had provided the Planning Board with information on Winter Webinars for training purposes. She asked the membership if they had ideas for training topics at the Watershed Summit upcoming in April. Mr. Kroyer said his topic of concern – the lead in children’s drinking water at local schools was turned down.
Ms. Bernard remembered the concern that came up last month when Mr. Schmidt complained that his application was delayed by the coordinated review process when the project already had DEP approval for pre-existing septic systems. Mr. Kroyer agreed that in those cases the Planning Board would not have to conduct a coordinated review. In cases of vacant land subdivision, or in cases with existing subdivisions a coordinated review is not required. Ms. Bernard commented on how much time this would save.
Mr. Kroyer reviewed the calendar for the year ahead with the Planning Board. Mr. Allison had provided nice wildlife calendars from his company for the Board members. Next year’s meeting dates were set with backup dates in case of snow, storms, or power outages: January 3, with January 10 as the backup date; February 7, and February 14 as the backup date; March 7, and March 14 as the backup date; April 4, with April 11 as the backup date; May 2, alternate date May 9; June 6, alternate date 13; July 4th was changed to the 2nd, a Tuesday, with the 11th as the alternate date; August 1, with 8th as alternate; September 5, and the 12th as the alternate; October 3, and the 10th as the alternate; November 7, with the 14th as the alternate; and December 5, with the 12th as the alternate date. These will be posted in the newspaper and given to Mrs. Carl to place on the web site.
Mr. Kroyer wanted to thank JoAnn DeLong for her service to the Town Planning Board. She was a positive attribute to the Planning Board and will be sorely missed.
On a sadder note, former Planning Board member Gene Beers passed away. His knowledge of the town was unrivaled, and he delighted the Planning Board with his stories. He served on the Greene County Planning Board for many years. The Town Board has written a resolution to be handed to his mother recording its deep sorrow over the passing of her son on November 19th with gratitude and respect for the great service he rendered to the Town.
The next monthly meeting of the Planning Board will be held January 3, 2019 at 7:30 p.m.
Mr. Kroyer called for a motion to adjourn the meeting. Ms. Bernard motioned to adjourn the meeting. Mrs. Romito seconded the motion to adjourn the meeting, and it carried unanimously at 8:40 p.m.
Respectfully,
Susan H. Epstein, Clerk
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Gregory Kroyer, Chair
