Added: November 09, 2020
Agenda Item 1: Call to Order at 7:30 p.m. and Roll Call
Present: Greg Kroyer, Chair; Donna Bernard; Paul LaPierre; and Simon Williams
Absent: Mr. Michael McCrary
Agenda Item 2: Approval of Minutes of September 3, 2020
The Planning Board reviewed the minutes of September 3, 2020. Minor corrections were made, and the first motion was made by Mr. LaPierre to accept the minutes as amended, and the second motion was made by Mr. Williams, and approved unanimously.
Agenda Item 3: Application for Boundary Lot Line Adjustment between Joseph Tar Schmidt, Parcel ID No. 130.00-2-19.2 (containing 3 acres) and JJF Farm, LLC, Parcel ID No. 130.00-2-19.1 (containing 234.2 acres), both parcels located on Route 23C in the Rural Residential Zoning District, and within the Hunter Tannersville Central School District.
Joseph Tar Schmidt provided a completed Boundary Lot Line Application, the fee, five copies of the plat for the Boundary Lot Line Adjustment, and power of attorney for his son Joseph Tar Schmidt, Jr.
The map was laid on the front table for Board review. Mr. Farber is conveying zero point two hundred and forty-eight thousandths (0.248) acres to Mr. Schmidt. The property has three (3) acres with a red barn. Mr. Schmidt pointed out where the house was. Mr. Kroyer asked for the deed descriptions. Ms. Bernard noted a description of the transaction, and said as far as she was concerned it described the transaction.
Mr. Kroyer said he didn’t see surveys of both properties, and wanted the description of that which has changed. Mr. Schmidt said he has his former deed, which describes the land as it is before the transition. Mr. Schmidt wondered if he would need a lawyer to get a new deed description. Mr. Kroyer and Ms. Bernard assured Mr. Schmidt that his surveyor should be able to handle that for him.
Mr. Kroyer said that the application was good. Lee Prince originally subdivided the property, Mr. Schmidt said, and that this small piece that is now coming to him, he used to camp out on years ago. Mr. Farber had asked Mr. Schmidt for access to his land where it was flat, Mr. Schmidt had agreed, and then Mr. Farber had offered him this piece of land, which is being transferred tonight.
Mr. Kroyer asked if everyone was comfortable with Mr. Schmidt’s application. The Board agreed that this was the case. Mr. Kroyer revisited the checklist: application, fee, power of attorney, survey maps, deeds describing the boundaries, and school district information. The Planning Board reviewed Mr. Schmidt’s documentation and was comfortable proceeding to approval.
The motion to approve the application for the Boundary Line Adjustment was made by Ms. Bernard, seconded by Mr. LaPierre, and subject to a role call vote: Ms. Bernard – aye; Mr. LaPierre – aye; and Mr. Williams – aye.
Mr. Kroyer signed the plats and Mr. Schmidt was provided with the Decision Form and a receipt for his fee.
Agenda Item 4: Application for Special Use Sketch Plan Review and Application for Special Use Permit for “Office/Equipment and Vehicle Storage for Local Service or Retail Business” for C&C Excavation, Parcel ID No. 130.00-4-2 located at 3577 Route 23C (containing 2 acres) in the Rural Residential Zoning District, and within the Hunter-Tannersville Central School District. Represented by Chad and Corey Benjamin.
The Planning Board received the completed applications for a Sketch Plan Review and a Special Use Permit for Office/Equipment and Vehicle Storage for Local Service or Retail Business from Chad and Corey Benjamin of C&C Excavating. They provided Part One of the short form EAF. The fees were tendered and receipts provided. Mr. Kroyer invited them to put the maps and applications and other pertinent documents on the table for the Board to review.
They are planning planting to shelter the view from the Route 296 drive by. A planned building looks twenty-foot wide. Mr. Benjamin put the buildings to the outside with the doors inward facing to keep the contents of the rental storage units from being viewed from the roadway. He said the buildings would probably be beige with a roof of gray or galvanized steel. Ms. Bernard asked about the setbacks. He needs to be at seventy-five feet (75’), but is actually about ninety feet (90’).
There are concrete block bins. There are going to be walls just to divide them. The back wall is twelve feet (12’) high. These are intended for storage of landscaping materials. Top soil, gravel, driveway stones, mulch, split firewood, which are the materials they use every day.
There will be no lighting; the site is not backlit. Mr. Kroyer asked about parking, which will be item four stone and millings. The Board considered parking for Special Use. Everything is on the outside, with the interior area open, and can be considered parking. C&C Excavation needs the openness to fill their bins. The area seems sufficient for people to come in and take care of their belongings.
The concrete bins are twenty feet by twenty feet (20’x20’) of interior space; ten bins at twenty-feet (20’) makes two hundred feet (200’) of length of of concrete block wall. Mr. Benjamin is considering painting the wall to match the building, but remains undecided. There is a ditch behind the block wall, which makes plantings difficult. The building lies fifty feet (50’) from the centerline of the road. Setbacks are for buildings. Property is higher than the road by effectively fifteen feet (15’), considering the top of the bins is twelve feet (12’) tall, plus three feet (3’) of soil above the road surface. Mr. LaPierre was considering the aesthetic of that long a concrete wall anticipating an objection at the Public Hearing.
Mr. Kroyer asked whether they had objection to planting there to soften the view. Mr. Benjamin answered that the way it is currently set up, there is not a lot of room for planting. A power/phone/cable line is above the back of the building. Those utility poles are more than two hundred feet (200’) apart. Mr. LaPierre asked about moving the building inward a few more feet for a planting to soften the impact of the concrete wall.
Mr. Kroyer suggested planting Blue Spruce, but Mr. Benjamin said those grow too high for the power line. Something smaller like a shrub could be planted. The wall sets right beside a town drainage ditch. Mr. LaPierre said if there are some objections raised at the Public Hearing, C&C Excavation might have to be flexible about plantings. The brothers decided to wait until the Public Hearing to see if something comes up. Mr. Williams agreed to their point about not putting anything substantial in because of the utility lines. He was mindful of the difficulties that Mr. France in Haines Falls is having with trying to accommodate the appearance of his salvage yard in compliance with local aesthetics. Ms. Bernard suggested they research fences or other ways to disguise the wall.
Mr. Kroyer said C&C Excavations have a year to establish the construction according to the application, and asked whether that would be sufficient. Ms. Bernard noted they could have another six months extension, or suggested they do the project in phases. Mr. Kroyer said that could be trickier. People worry about commercial in the rural zone because of population density. Ms. Bernard likes the plantings in front and finds the cleaning up they have done so far pleasing.
A Special Use Permit requires that adjoining neighbors be notified. They have four people to mail the notification of Public Hearing to. He gave them the posting sign, letter of posting, and certificate of posting. Mrs. Epstein will need to send a 239 form because of the proximity of the County highway.
To summarize, Mr. Benjamin said the smaller building is to go up first, then the larger building. There are also “kits” that are framing with metal roofing. All are going to be cold storage of galvanized studs with galvanized sheeting. Ms. Bernard asked about lights. There is electrical lighting in the pole barn, but it is not turned on. Mr. LaPierre asked about public usage. Mr. Kroyer said that storage renters won’t be able to go there at night.
LaPierre read aloud the short form EAF. Ms. Bernard said the flood plain is very close, but the wetlands are not defined. All of this is preliminary, Mr. Kroyer explained to the applicants. Every question in Part Two was answered that a moderate to large impact may occur, so there is really nothing the Board needs to fill in. The Board can preliminarily declare this a Negative Declaration, unless it learns more in the future.
Mr. Kroyer asked that the plat be photographed as an electronic file for the DEP. He had spoken to Cynthia Garcia of the DEP and the Board will be providing them information on this unlisted action. Mrs. Epstein is to send the DEP the Planning Board’s Notice of Intent to declare itself Lead Agency for the SEQRA review, and include EAF part one, the applications for Special Use Permit and the Site Plan map, communicated electronically and CC the Chair on all correspondence. The GCPB will also be notified due to C&C Excavating’s location on County Route 23C.
Ms. Bernard asked Mr. Benjamin about a sign for their project. Mr. Kroyer said if they include it in their Site Plan it is already approved, but if they do it later they will need to get a Sign Permit. Mr. Benjamin said they don’t want to have the sign until the storage building is set up.
Mr. Kroyer said he would entertain a motion that the Town of Jewett Planning Board intends to be Lead Agency in this matter. Ms. Bernard so moved, Mr. Williams seconded the motion, which passed unanimously.
Mr. Kroyer asked Mr. Benjamin if they would be up for a Public Hearing on November 5, 2020 at 8:00 p.m. Ms. Bernard reminded Mr. Kroyer that thirty days need to be allowed for a DEP response; he thought there was sufficient time. Mr. Kroyer asked for a motion: Mr. Williams so moved, Mr. LaPierre seconded the motion, which carried.
Mr. Kroyer provided C&C Excavation with the sign posting information for the Public Hearing, the two signs, the letter for the adjoining neighbors, the certificate of posting for the Public Hearing, and said they need to provide the Board with the certified receipts for the file. The sign should be posted ten to twelve days ahead of the scheduled Public Hearing.
Agenda Item 5: Greene County Planning Board update from by Paul LaPierre
At the September 16, 2020 meeting of the Greene County Planning Board, held via Zoom, Susan Kardos presented a potential Site Plan Review for development of the former Agway Site located at 95 West Bridge Street, Catskill, for first floor commercial and residential units on the second and third floors. Three businesses are proposed for the first floor. The GCPB advised the Village of Catskill to assure that the size of the proposed studio apartments meet code requirements and consider the impact of the number of units on surroundings, sewer, water, and parking.
In the Town of Prattsville, Bohler Engineering-Primax Properties, LLC brought forward a Subdivision and Site Plan Review for a Dollar General on Route 23. The GCPB said that the area under consideration lies within the flood plain and will require Flood Insurance. The development of this site should take under advisement the flooding potential, and clearly address how construction, building, and site maintenance will occur in lieu of that flooding potential. There should be a sediment and soil erosion control plan, and the applicant might want to consider landscaping of the site through rain gardens and vegetated swale to alleviate potential flooding issues. The public hearing has yet to come.
In the Village of Catskill, Gasland Petroleum (from New Paltz) is proposing a gasoline filling station and convenience store to be located at 66-72 Maple Avenue (9W). It will be the only such station on the northbound traffic side of 9W between Kingston and Ravena. GCPB recommended a retaining wall and fencing to address the steep grade along the property’s southeastern boundary to be effective in protecting the properties from being adversely affected by soil erosion and Stormwater runoff. A DOT permit will be necessary. Ingress and egress are not addressed. Landscape screening with native plants is recommended.
In the Town of New Baltimore, Scenic Hudson Land Trust brought an Area Variance for the installation of a Park Entrance sign for Long View Park that exceeds the allowable sign size in the R/A Zoning District. Their code calls for twelve square foot sign, six feet from the ground, and the Scenic Hudson Land Trust wants to install a forty-nine square foot sign thirteen feet from the ground. It was not clear to the GCPB whether the sign was to be placed within the County right of way. If it is outside the County’s right of way and does not obstruct sight distance, or the County’s snowplow operations (at least eight-feet from the edge of the pavement), the County has no objection to it. The sign is within an Agricultural District.
In Catskill, an Area Variance for setback for the subdivision of property was received for a property on Game Farm Road, for bordering the Town of Cairo and within an Agricultural District.
Another Area Variance was received within the Town of Catskill for setbacks regarding the placement of a new modular home in the footprint of the old.
A Site Plan was received from the New Baltimore Planning Board in regard to the erection of two or more self storage buildings on Flatbush Road in West Coxsackie.
The Town of Catskill received an application for Site Plan Review for a licensed and registered automobile repair and hobby shop at the corner of 9W and Vosenkill Road.
The Town of Catskill also brought forward the request for a thirty-foot side yard variance for the placement of a shed on Old Kings Road.
Agenda Item 6: Other business
Mr. Kroyer said that he received a communication from Lee Alexander, Streamside Acquisition Program Director, regarding Ronnie and Sheila DeLong’s application of last month. The language of the Board’s condition has been changed from “Access to Lot Two shall be limited to official DEP use. Public access shall not be permitted,” to “Any public access for recreational use shall not be permitted over the right of way leading from Barnum Road to Lot Two unless agreed to in writing by the beneficiaries of the right of way.” Mr. Kroyer added that the SAP had not intended to provide public access anyway, due to the small size of the parcel and its isolation.
Mr. Kroyer said he would entertain a motion for the wording revision of the condition that was placed on the DeLong Subdivision. Ms. Bernard so moved, Mr. Williams seconded the motion, which was subject to a Roll Call Vote: Ms. Bernard – aye; Mr. LaPierre – aye; and Mr. Williams – aye.
Currently Christine Sperro is heading a petition within the Town of Jewett to ban Short Term Rental Properties or else move them at least five hundred feet away from any neighbor. She has garnered over one hundred and fifty signatures and is looking to get more.
Next month’s meeting will be held on November 5, 2020 at 7:30 p.m. with a Public Hearing to be held at 8:00 p.m. for C&C Excavating.
The motion to adjourn was made by Ms. Bernard at 9:45 p.m., seconded by Mr. Kroyer, and unanimously approved.
_____________________________________, Secretary
_____________________________________, Chair
Added: October 03, 2020
Agenda Item 1: Call to Order at 7:45 p.m. and Roll Call
Present: Greg Kroyer, Chair; Donna Bernard; Paul LaPierre; Michael McCrary, and Simon Williams
Agenda Item 2: Approval of Minutes of August 6, 2020
The Planning Board reviewed the minutes of August 6, 2020, which had a minor correction. The motion to approve the minutes was made by Mr. McCrary, and seconded by Ms. Bernard, and approved as amended.
Secretary Epstein set up and checked the Zoom prior to the Public Hearings, scheduled for 8:00 p.m.
Mr. Craig DeLong came in prior to the Public Hearing to talk to the surveyor about the DeLong subdivision. He expressed concerns about the culvert and worried about the public trespassing on his private property, for which he has a ROW. Mr. Kroyer asked him to stay for the Public Hearing so that the Board could more properly respond to his concerns.
Agenda Item 3: Public Hearing and Application for Minor Subdivision for Ronald and Sheila DeLong, represented by Dan Fancher of Catskill Region Surveying Services, P.C. Tax Map Parcel 114.00-2-19 located at 258 Barnum Road in the Rural Residential Zoning District, and WAJ School District, and consisting of 8.37 acres.
The Public Hearing began on Zoom at 8:00 p.m. Mr. and Mrs. DeBennetto living at 126 Shad Road stated that they want no Air BnB across from their home. Mr. Kroyer replied that this application is not for an Air BnB, but for a three-lot subdivision of vacant land. Mr. DeBennetto said the applicant had advertised Air BnB in his flyer. Mr. Kroyer said he had not seen that flyer, and asked for a copy. The caller did not answer that request, but stressed that he had moved up here thirty-five years ago, “in order not to see my neighbors.”
The next caller, Mr. Marcin Muszynski, identified himself as the neighbor on the southern part of the Shad Road parcel. Mr. Muszynski said that dividing the lot into three parcels will change the character of the neighborhood adversely “like the suburbs,” and three new properties will contribute to the congestion of people that is too much as Covid-19 has shown. When he bought his property in 2014, he liked the limited neighbors. He fears loss of property value. He believes three new wells and the inevitable cutting down of trees will affect the water levels negatively. He stressed the potential for three new homes to become Air BnBs. He also feels that this area is not ready for further expansion, lacking sufficient infrastructure of supermarkets, and fire, police, and rescue capacity.
Chair Kroyer responded that the applications before the Planning Board tonight are not for Air BnBs, and asked those callers concerned by this problem to take their views to the Town Board meeting to be held next Wednesday at 7:00 p.m., and that the Zoom link for the Town Board meeting is accessible from the town web site.
Mr. Ben Cohen asked whether the reason for the subdivision would be to establish high-density housing like townhouses or condominiums. Mr. Kroyer said, “Absolutely not.” Mrs. Sylvia Cohen mentioned they have been in the area for thirty-five years, they value their peace, quiet, and tranquility, and are also concerned about Air BnBs. Mr. Kroyer stated again that the Town Board is the political body for Air BnB concerns.
James and Ann Starecce from 36 Shad Road were also concerned about Air BnBs, and spoke of a party house over Memorial Day Weekend shooting off fireworks. Kate Zeger and Maria Mehl both said that they agreed with everything Mr. Muszinski had already said. Another woman identified only as Melissa said she is very concerned about what is going on at Shad Road, and is not in favor of any development. A gentleman identified as Peter read from Jewett’s Town Comprehensive Plan, and said that the Board’s purpose is to promote the general welfare of the Town and that adding more subdivisions is contrary to the Comprehensive Plan.
Mr. Kroyer restated that all complaints about STRs need to be taken up with the Town Board, and that access to their Zoom meeting is posted on the Town’s website. He then asked if anyone was present for the DeLong subdivision.
A woman identified only by her phone number, said that she had trouble ten to twelve years ago with the NYCDEP who would not let her subdivide her own five acre parcel, despite two hundred feet from the well and septic. She wondered why she couldn’t do that then, and this person is being allowed to do this now. Mr. Kroyer responded that each project presents different circumstances to the NYCDEP, who have the final say.
Mr. Muszynski spoke again, stating that Air BnBs are “a natural consequence of what might happen with a subdivision.” He is afraid that the harm that will be caused by environmental destruction will be too late for a bureaucracy to take corrective action.
One woman wondered whether it would matter what they all had to say on Zoom today, and Mr. Kroyer responded that everything everyone had to say would be taken into consideration prior to voting on the matter.
Mr. Kroyer thanked the participants and said that he would entertain a motion to close the Public Hearing at 8:20 p.m. Mr. LaPierre so moved, seconded by Ms. Bernard, and the vote was unanimous.
Mr. Kroyer asked Craig DeLong to cite his reasons for being there. He said his ROW borders the NYC land, and he is concerned, because he doesn’t want the subdivided piece to become Public Access, allowing four-wheelers and other trespassers on to his land.
Mr. Fancher was standing in for Mr. Allison. Mr. Kroyer said the Board has previously reviewed Parts 1, 2, and 3 of the SEQRA, and asked whether we had heard anything new to change the status of the SEQRA determination. Ms. Bernard said that it remains a negative declaration. Mr. Kroyer asked if everyone was comfortable with that, and then said he would entertain a motion to declare a Negative Declaration on this unlisted action for the DeLong subdivision. Ms. Bernard so moved, it was seconded by Mr. LaPierre, and carried unanimously.
The Board agreed to apply a condition to the DeLong Subdivision to protect Craig DeLong’s interest that shall read, “Access to lot two shall be limited to official DEP use. Public Access shall not be permitted.” Mr. Fancher said he would follow up with DEP on that, and worried whether it would affect the sale of the land. Mr. Kroyer and Ms. Bernard said that it should not be a deal breaker as the NYCDEP has prohibited public access on shared right of ways previously. Mr. Kroyer asked the Board if they are comfortable proceeding with the approval. They were, so he said he would entertain a motion to approve the Minor Subdivision for Ronald and Sheila DeLong with the condition as stated above. Mr. LaPierre so moved, Mr. Williams seconded the motion, and it was subject to a Roll Call Vote: Ms. Bernard – aye; Mr. LaPierre – aye; Mr. McCrary – aye; and Mr. Williams – aye.
Mr. Kroyer informed Mr. Fancher that the maps must be filed in Catskill within thirty days, with two to come back to the Board signed and stamped by the Real Property office. One copy was left for the file.
Mr. Fancher forgot his presentation map and stand, which were put in the downstairs meeting room.
Agenda Item 4: Public Hearing and Application for Minor Subdivision for P. Forest Development, LLC, represented by Peter Gaito. Tax Map Parcel 132.00-2-26 located at 81 Shad Road in the Rural Residential Zoning District, and WAJ School District, and consisting of 10.37 acres.
Mr. Kroyer stated that all the subdivision criteria the Planning Board is responsible for by law have been met here. Mr. Gaito commented that the many attendees of the Public Hearing were not in favor of his subdivision. Ms. Bernard said that currently Rural Residential is Jewett’s densest zoning area, besides the hamlets. She said that people living in this area have neighbors who pass on or sell, and all of a sudden an Air BnB appears. The overwhelming concern of tonight’s Public Hearing was that the new homes would be bought up as Air BnBs. Mr. LaPierre had learned from the radio that Air BnB is no longer allowing “party homes,” and is restricting the number of people who can rent a residence. Ms. Bernard said that complaints of this type would continue to evolve the laws regarding STRs in communities, and that these kinds of interactions with the residents will help to influence changing the laws, providing an opportunity for the Town to make its regulations stronger. She also thinks the state will jump in, because not only Jewett experiences these problems. Planners’ jobs, unless zoning changes, regard land use situations. The use of the house becomes a Code issue.
Mr. Kroyer said that Mr. Gaito had the potential for a four-lot subdivision instead of a three-lot, but he did not do so because of water issues at the southern-most corner of his parcel. Mr. Kroyer inquired how the process with DEP is progressing, and Mr. Gaito answered that DEP is simply waiting for the Negative Declaration. Mr. Kroyer said that DEP thinks the situation is okay for these septic systems. Mr. Gaito said the woman who spoke before was not entirely correct, as that she didn’t understand that not all lots are created equal. The Board said they understood her concerns, and that if she still wants to subdivide her land, she should contact DEP to see if it is possible.
Mr. Kroyer said he is still considering that everybody who called in is against this Subdivision. Mr. LaPierre said that people are against changing the character of the neighborhood. Ms. Bernard said that sounded like a density issue, that they did not want to see their neighbors. She recalled that last month Mr. Gaito said he designed for buffers and landscaping to hide the quality homes he planned to build from the view of the neighbors. Such effort will mitigate some of the complaints, because it will look nice. Ms. Bernard said that she feels for everyone who called in, but the Board cannot let emotion set a precedent for its actions when the criteria of the law are met.
Mr. Kroyer read aloud a letter from Ben and Sylvia Cohen, who also spoke at the Public Hearing, which addressed their concerns for maintaining the peace and tranquility of the area and stance against high-density dwellings (townhouses, condominiums, and multi-family units). Overall, the majority of the Zoom attendees were concerned about STRs, specifically Air BnBs, which Mr. Kroyer reiterated as a Town Board issue. Mr. Kroyer also had a letter from Diane Cohen, also concerned about Air BnBs, and he called her to discuss her concerns. The Town Board is continuing to work out the issues of STRs.
Ms. Bernard said the greatest justice we can give the residents who took their time to comment at the Public Hearing is to make sure the Town Board has the benefit of their comments. Mr. McCrary said the very point of the regulation when it was passed, was that in order to have enforcement of compliance, the Town must wait until next year. A law that has a cutoff date of December 31, 2020 cannot be fully enforced prior to that date.
Mr. LaPierre shared his story of how he talked to his neighbors about his intention to put up a building for his woodworking business prior to its construction. He altered the appearance to make the building look less like an industrial complex. He said that clear communication helped him gain the good wishes of his neighbors who wished him luck in his business, and suggested Mr. Gaito take a similar, political approach to explain to his neighbors what he is doing, now that he knows what they think, because what Mr. Gaito presented to the Board contained a lot of thoughtful consideration for the appearance of his project. Mr. Gaito thought that a very good idea.
Mr. Kroyer called for the SEQRA. He asked if anyone had heard anything to keep them from voting on the Neg Dec, then said he would entertain a motion for the approval of the Negative Declaration for this unlisted action. Mr. LaPierre so moved, Ms. Bernard seconded the move, and it carried unanimously.
Ms. Bernard suggested putting a condition on the approval, although Mr. Gaito has already designed for downward lighting, buffering, and appearance of his project, in response to the reaction of tonight’s Public Hearing. Mr. Kroyer said he did not think that was warranted, since Mr. Gaito has already planned for these things. Mr. LaPierre thought that the Board should not do more than it is required to do.
Mr. Kroyer then asked for a motion to approve the Minor Three-Lot Subdivision for P. Forest Development, LLC. Mr. LaPierre so moved, Ms. Bernard seconded the motion, which was subject to a Roll Call Vote: Ms. Bernard – aye; Mr. LaPierre – aye; Mr. McCrary – aye; and Mr. Williams – aye.
Mr. Kroyer signed and dated the maps, and informed Mr. Gaito that he must file the maps with Greene County Real Property within thirty days, that the Board needs one map now for the file, and two maps are to be returned to the Town after being stamped and approved by the County.
Agenda Item 5: Greene County Planning Board as reported by Mr. LaPierre from Mrs. LaPierre’s information
Mr. LaPierre said he had nothing from the Greene County Planning Board.
Agenda Item 6: Other business
Mr. Kroyer said that a second mailing went out for the STRs last week, with fifty-five applications going out. A few were returned. Mr. Kroyer spent a bit of time on the phone with someone on Cramer Road who had concerns about the need to register his STR, but in the end the gentleman agreed to acquire the Registration Certificate. A gentleman on Round Hill Road who is the owner of two STR’s is now talking about the possibility of applying for a Special Use Permit for a wedding venue for one of his properties.
Mr. Kroyer said that the only cases pending yet are those listed on the Agenda: a Boundary Lot Line Adjustment between Joseph Tar Schmidt and JJF Farm, LLC, and an application for a Special Use Permit for C&C Excavating for a parcel on 23C.
Ms. Bernard made the motion to adjourn at 9:25 p.m. Mr. LaPierre seconded the motion, and the motion approved unanimously.
_______________________________, Secretary
_______________________________, Chair
Added: October 03, 2020
Agenda Item 1: Call to Order at 7:45 p.m. and Roll Call
Present: Greg Kroyer, Chair; Donna Bernard; Paul LaPierre; Michael McCrary, and Simon Williams
Agenda Item 2: Approval of Minutes of August 6, 2020
The Planning Board reviewed the minutes of August 6, 2020, which had a minor correction. The motion to approve the minutes was made by Mr. McCrary, and seconded by Ms. Bernard, and approved as amended.
Secretary Epstein set up and checked the Zoom prior to the Public Hearings, scheduled for 8:00 p.m.
Mr. Craig DeLong came in prior to the Public Hearing to talk to the surveyor about the DeLong subdivision. He expressed concerns about the culvert and worried about the public trespassing on his private property, for which he has a ROW. Mr. Kroyer asked him to stay for the Public Hearing so that the Board could more properly respond to his concerns.
Agenda Item 3: Public Hearing and Application for Minor Subdivision for Ronald and Sheila DeLong, represented by Dan Fancher of Catskill Region Surveying Services, P.C. Tax Map Parcel 114.00-2-19 located at 258 Barnum Road in the Rural Residential Zoning District, and WAJ School District, and consisting of 8.37 acres.
The Public Hearing began on Zoom at 8:00 p.m. Mr. and Mrs. DeBennetto living at 126 Shad Road stated that they want no Air BnB across from their home. Mr. Kroyer replied that this application is not for an Air BnB, but for a three-lot subdivision of vacant land. Mr. DeBennetto said the applicant had advertised Air BnB in his flyer. Mr. Kroyer said he had not seen that flyer, and asked for a copy. The caller did not answer that request, but stressed that he had moved up here thirty-five years ago, “in order not to see my neighbors.”
The next caller, Mr. Marcin Muszynski, identified himself as the neighbor on the southern part of the Shad Road parcel. Mr. Muszynski said that dividing the lot into three parcels will change the character of the neighborhood adversely “like the suburbs,” and three new properties will contribute to the congestion of people that is too much as Covid-19 has shown. When he bought his property in 2014, he liked the limited neighbors. He fears loss of property value. He believes three new wells and the inevitable cutting down of trees will affect the water levels negatively. He stressed the potential for three new homes to become Air BnBs. He also feels that this area is not ready for further expansion, lacking sufficient infrastructure of supermarkets, and fire, police, and rescue capacity.
Chair Kroyer responded that the applications before the Planning Board tonight are not for Air BnBs, and asked those callers concerned by this problem to take their views to the Town Board meeting to be held next Wednesday at 7:00 p.m., and that the Zoom link for the Town Board meeting is accessible from the town web site.
Mr. Ben Cohen asked whether the reason for the subdivision would be to establish high-density housing like townhouses or condominiums. Mr. Kroyer said, “Absolutely not.” Mrs. Sylvia Cohen mentioned they have been in the area for thirty-five years, they value their peace, quiet, and tranquility, and are also concerned about Air BnBs. Mr. Kroyer stated again that the Town Board is the political body for Air BnB concerns.
James and Ann Starecce from 36 Shad Road were also concerned about Air BnBs, and spoke of a party house over Memorial Day Weekend shooting off fireworks. Kate Zeger and Maria Mehl both said that they agreed with everything Mr. Muszinski had already said. Another woman identified only as Melissa said she is very concerned about what is going on at Shad Road, and is not in favor of any development. A gentleman identified as Peter read from Jewett’s Town Comprehensive Plan, and said that the Board’s purpose is to promote the general welfare of the Town and that adding more subdivisions is contrary to the Comprehensive Plan.
Mr. Kroyer restated that all complaints about STRs need to be taken up with the Town Board, and that access to their Zoom meeting is posted on the Town’s website. He then asked if anyone was present for the DeLong subdivision.
A woman identified only by her phone number, said that she had trouble ten to twelve years ago with the NYCDEP who would not let her subdivide her own five acre parcel, despite two hundred feet from the well and septic. She wondered why she couldn’t do that then, and this person is being allowed to do this now. Mr. Kroyer responded that each project presents different circumstances to the NYCDEP, who have the final say.
Mr. Muszynski spoke again, stating that Air BnBs are “a natural consequence of what might happen with a subdivision.” He is afraid that the harm that will be caused by environmental destruction will be too late for a bureaucracy to take corrective action.
One woman wondered whether it would matter what they all had to say on Zoom today, and Mr. Kroyer responded that everything everyone had to say would be taken into consideration prior to voting on the matter.
Mr. Kroyer thanked the participants and said that he would entertain a motion to close the Public Hearing at 8:20 p.m. Mr. LaPierre so moved, seconded by Ms. Bernard, and the vote was unanimous.
Mr. Kroyer asked Craig DeLong to cite his reasons for being there. He said his ROW borders the NYC land, and he is concerned, because he doesn’t want the subdivided piece to become Public Access, allowing four-wheelers and other trespassers on to his land.
Mr. Fancher was standing in for Mr. Allison. Mr. Kroyer said the Board has previously reviewed Parts 1, 2, and 3 of the SEQRA, and asked whether we had heard anything new to change the status of the SEQRA determination. Ms. Bernard said that it remains a negative declaration. Mr. Kroyer asked if everyone was comfortable with that, and then said he would entertain a motion to declare a Negative Declaration on this unlisted action for the DeLong subdivision. Ms. Bernard so moved, it was seconded by Mr. LaPierre, and carried unanimously.
The Board agreed to apply a condition to the DeLong Subdivision to protect Craig DeLong’s interest that shall read, “Access to lot two shall be limited to official DEP use. Public Access shall not be permitted.” Mr. Fancher said he would follow up with DEP on that, and worried whether it would affect the sale of the land. Mr. Kroyer and Ms. Bernard said that it should not be a deal breaker as the NYCDEP has prohibited public access on shared right of ways previously. Mr. Kroyer asked the Board if they are comfortable proceeding with the approval. They were, so he said he would entertain a motion to approve the Minor Subdivision for Ronald and Sheila DeLong with the condition as stated above. Mr. LaPierre so moved, Mr. Williams seconded the motion, and it was subject to a Roll Call Vote: Ms. Bernard – aye; Mr. LaPierre – aye; Mr. McCrary – aye; and Mr. Williams – aye.
Mr. Kroyer informed Mr. Fancher that the maps must be filed in Catskill within thirty days, with two to come back to the Board signed and stamped by the Real Property office. One copy was left for the file.
Mr. Fancher forgot his presentation map and stand, which were put in the downstairs meeting room.
Agenda Item 4: Public Hearing and Application for Minor Subdivision for P. Forest Development, LLC, represented by Peter Gaito. Tax Map Parcel 132.00-2-26 located at 81 Shad Road in the Rural Residential Zoning District, and WAJ School District, and consisting of 10.37 acres.
Mr. Kroyer stated that all the subdivision criteria the Planning Board is responsible for by law have been met here. Mr. Gaito commented that the many attendees of the Public Hearing were not in favor of his subdivision. Ms. Bernard said that currently Rural Residential is Jewett’s densest zoning area, besides the hamlets. She said that people living in this area have neighbors who pass on or sell, and all of a sudden an Air BnB appears. The overwhelming concern of tonight’s Public Hearing was that the new homes would be bought up as Air BnBs. Mr. LaPierre had learned from the radio that Air BnB is no longer allowing “party homes,” and is restricting the number of people who can rent a residence. Ms. Bernard said that complaints of this type would continue to evolve the laws regarding STRs in communities, and that these kinds of interactions with the residents will help to influence changing the laws, providing an opportunity for the Town to make its regulations stronger. She also thinks the state will jump in, because not only Jewett experiences these problems. Planners’ jobs, unless zoning changes, regard land use situations. The use of the house becomes a Code issue.
Mr. Kroyer said that Mr. Gaito had the potential for a four-lot subdivision instead of a three-lot, but he did not do so because of water issues at the southern-most corner of his parcel. Mr. Kroyer inquired how the process with DEP is progressing, and Mr. Gaito answered that DEP is simply waiting for the Negative Declaration. Mr. Kroyer said that DEP thinks the situation is okay for these septic systems. Mr. Gaito said the woman who spoke before was not entirely correct, as that she didn’t understand that not all lots are created equal. The Board said they understood her concerns, and that if she still wants to subdivide her land, she should contact DEP to see if it is possible.
Mr. Kroyer said he is still considering that everybody who called in is against this Subdivision. Mr. LaPierre said that people are against changing the character of the neighborhood. Ms. Bernard said that sounded like a density issue, that they did not want to see their neighbors. She recalled that last month Mr. Gaito said he designed for buffers and landscaping to hide the quality homes he planned to build from the view of the neighbors. Such effort will mitigate some of the complaints, because it will look nice. Ms. Bernard said that she feels for everyone who called in, but the Board cannot let emotion set a precedent for its actions when the criteria of the law are met.
Mr. Kroyer read aloud a letter from Ben and Sylvia Cohen, who also spoke at the Public Hearing, which addressed their concerns for maintaining the peace and tranquility of the area and stance against high-density dwellings (townhouses, condominiums, and multi-family units). Overall, the majority of the Zoom attendees were concerned about STRs, specifically Air BnBs, which Mr. Kroyer reiterated as a Town Board issue. Mr. Kroyer also had a letter from Diane Cohen, also concerned about Air BnBs, and he called her to discuss her concerns. The Town Board is continuing to work out the issues of STRs.
Ms. Bernard said the greatest justice we can give the residents who took their time to comment at the Public Hearing is to make sure the Town Board has the benefit of their comments. Mr. McCrary said the very point of the regulation when it was passed, was that in order to have enforcement of compliance, the Town must wait until next year. A law that has a cutoff date of December 31, 2020 cannot be fully enforced prior to that date.
Mr. LaPierre shared his story of how he talked to his neighbors about his intention to put up a building for his woodworking business prior to its construction. He altered the appearance to make the building look less like an industrial complex. He said that clear communication helped him gain the good wishes of his neighbors who wished him luck in his business, and suggested Mr. Gaito take a similar, political approach to explain to his neighbors what he is doing, now that he knows what they think, because what Mr. Gaito presented to the Board contained a lot of thoughtful consideration for the appearance of his project. Mr. Gaito thought that a very good idea.
Mr. Kroyer called for the SEQRA. He asked if anyone had heard anything to keep them from voting on the Neg Dec, then said he would entertain a motion for the approval of the Negative Declaration for this unlisted action. Mr. LaPierre so moved, Ms. Bernard seconded the move, and it carried unanimously.
Ms. Bernard suggested putting a condition on the approval, although Mr. Gaito has already designed for downward lighting, buffering, and appearance of his project, in response to the reaction of tonight’s Public Hearing. Mr. Kroyer said he did not think that was warranted, since Mr. Gaito has already planned for these things. Mr. LaPierre thought that the Board should not do more than it is required to do.
Mr. Kroyer then asked for a motion to approve the Minor Three-Lot Subdivision for P. Forest Development, LLC. Mr. LaPierre so moved, Ms. Bernard seconded the motion, which was subject to a Roll Call Vote: Ms. Bernard – aye; Mr. LaPierre – aye; Mr. McCrary – aye; and Mr. Williams – aye.
Mr. Kroyer signed and dated the maps, and informed Mr. Gaito that he must file the maps with Greene County Real Property within thirty days, that the Board needs one map now for the file, and two maps are to be returned to the Town after being stamped and approved by the County.
Agenda Item 5: Greene County Planning Board as reported by Mr. LaPierre from Mrs. LaPierre’s information
Mr. LaPierre said he had nothing from the Greene County Planning Board.
Agenda Item 6: Other business
Mr. Kroyer said that a second mailing went out for the STRs last week, with fifty-five applications going out. A few were returned. Mr. Kroyer spent a bit of time on the phone with someone on Cramer Road who had concerns about the need to register his STR, but in the end the gentleman agreed to acquire the Registration Certificate. A gentleman on Round Hill Road who is the owner of two STR’s is now talking about the possibility of applying for a Special Use Permit for a wedding venue for one of his properties.
Mr. Kroyer said that the only cases pending yet are those listed on the Agenda: a Boundary Lot Line Adjustment between Joseph Tar Schmidt and JJF Farm, LLC, and an application for a Special Use Permit for C&C Excavating for a parcel on 23C.
Ms. Bernard made the motion to adjourn at 9:25 p.m. Mr. LaPierre seconded the motion, and the motion approved unanimously.
_______________________________, Secretary
_______________________________, Chair
Added: September 05, 2020
Agenda Item 1: Call to Order at 7:30 p.m. and Roll Call
Present: Greg Kroyer, Chair; Donna Bernard; Paul LaPierre; Michael McCrary
Absent: Simon Williams
Agenda Item 2: Approval of Minutes of July 2, 2020
The Planning Board reviewed the minutes of July 2, 2020. The motion was made by Ms. Bernard, and seconded by Mr. McCrary, and approved as amended.
Mr. Kroyer said let the record reflect that the Public Hearing originally scheduled for Ronald and Sheila DeLong for tonight at 8:00 p.m. has been rescheduled to September 3, 2020 at 8:00 p.m. due to state regulations surrounding public meetings during the COVID pandemic. If this regulation remains in effect during the month of September, the Board may plan to conduct its upcoming Public Hearings via ZOOM.
Secretary Epstein has some experience with Zoom and both Ms. Bernard and Mr. McCrary have web cams that they are willing to test with Ms. Epstein’s computer previous to the Public Hearings.
Agenda Item 3: Three Lot Subdivision for P. Forest Development, LLC, represented by Peter Gaito, Parcel ID# 132.00-2-26, Charles A. Holtz, PLS Surveyor,
Mr. Gaito, an architect, created a beautiful presentation for the three lot subdivision for his property located on Shad Road, just past the first house on the left. The setup is straightforward: the property to be subdivided is located on the corner of Olander Rd. and Shad Rd. and is to be divided into three lots. The driveways will all front on Shad Road.
Mr. Gaito said that each lot will have its own well and septic. He has been working with DEP for the first review, the perk holes for the septic systems there have been dug, the drawings are ninety percent done, and the DEP is ninety percent done. From the engineering section, there is sufficient room for an auxiliary septic in each lot. Mr. Kroyer asked Mr. Gaito to show where the three lots were; one line on the drawing is an existing stone wall. Each road frontage exceeds the required two hundred feet (200’). They are between two hundred and forty to two hundred and fifty feet (240-250’) each. Total road frontage on the existing parcel is over one thousand feet (1000’).
Mr. Gaito was originally planning for four lots, but water was coming onto the larger parcel. Ms. Bernard said it was rather wet up there. The DEP learned that the water on the larger parcel was not from a spring. Mr. Gaito said that the water problem is not from his site, but from his neighbor. He noticed a crack by two pipes under the town road. They are corrugated drainage pipes near a ditch, that run nearly parallel to the road, on kind of an angle, and the water comes down hill off the neighbor’s property. He wondered what does he do about it? Mr. Kroyer suggested that Mr. Gaito could ask Bob Mallory, the Highway Super, who may have the knowledge he seeks. After Mr. Gaito solves the water problem, he may return before the Board to divide the five (5) acre parcel for a re-division of an already existing subdivision. Ms. Bernard commented that it would be possible, because all parcels access directly on to a town road.
The application for the Sketch Plan Review, the Application for the three-lot Subdivision, the SEQRA Parts one and two, payment for both applications, a copy of the plat to date, and the list of abutters were provided by Mr. Gaito for the file. Mr. Kroyer provided the School District information – it is Windham, Ashland, and Jewett Central School District. The surveyor is Chuck Holz, of Holz Surveying, from Catskill, NY. Mr. Kroyer reminded him that the PB requires five plats and a Mylar prior to approval of the Subdivision, They will need to be filed with the County and then two maps with the county stamp need to be returned to the Planning Board for the files.
Mr. Kroyer said he would entertain a motion for the Town of Jewett Planning Board to declare itself Lead Agency. The motion was made by Mr. McCrary and seconded by Mr. LaPierre, and carried unanimously.
Ms. Bernard noticed a couple of affirmative answers on the digitally done SEQRA, which she handed to Mr. LaPierre to read.
Mr. LaPierre read the short environmental assessment form. Question 12 online revealed that the site is adjacent to an area designated as an archeological or historical site. The Board decided Mr. Gaito’s property would not affect the adjacent property. Part three relates to determination of significance. At this time the Board does not perceive a negative impact from this action, but it may learn differently at the Public Hearing.
Ms. Bernard asked questions about lighting and landscaping and location of utility poles, setbacks, et cetera. Mr. Gaito is already ninety percent done with DEP, who is waiting on the Negative Declaration. Ideas for landscaping include screening view from the road, buffer of trees between neighbors, and offset the houses to hide them as much as possible from road, with each house served by its own well. These will be nice well-built modern homes, with downward facing lighting, keeping it subtle and as natural as possible.
Mr. Kroyer said he will entertain a motion to set the Public Hearing for September 2, 2020 at 8:00 p.m. Mr. LaPierre so motioned, Ms. Bernard seconded the motion, and it carried unanimously. Mr. Kroyer said the Board will not do ZOOM unless it must, depending on whether Governor Cuomo extends the limit on in person Public Hearings.
Mr. Kroyer provided Mr. Gaito with the sign to post ten to twelve days before the meeting, and asked him to notify the twenty-five neighbors within five hundred feet (500’) of his property on the abutter’s list. He will need to get the mailing return receipt requested and turn them over to the Secretary. Mr. Kroyer further provided him with the letter to mail to neighbors and the letter notifying of the sign posting.
Ms. Epstein will establish the ZOOM link. She can put the phone number on the posting, and send the Town Clerk the Zoom link to put on the website. The phone number for the Zoom link can be placed within the legal ad for each Public Hearing, as the Board will hear the DeLong Public Hearing at that date as well.
Agenda Item 5: Greene County Planning Board as reported by Mr. LaPierre from Mrs. LaPierre’s information
The Greene County Planning Board planned their meeting, but not enough folks showed up for a quorum. Ms. Bernard said that’s been an issue with them.
Agenda Item 6: Other business
Regarding the STRs, Mr. Kroyer said that a second mailing will be sent shortly. They want to nail down all the addresses, which properties have sold, and this will happen next week. The Town Board continues to explore other options such as a Cap on the number of STR Registrations as well as the possibility of making it a Special Use Permit.
Regarding the Sperros: Mr. Giangrande did the site visit on the folks next door to them and told them that they needed to reduce the maximum occupancy from thirteen down to eight, not advertise for “crowds”, correct the garbage situation and correct code violations. The resident complied with these requirements and was issued a STR Registration Certificate for a maximum number of eight guests.
Mr. Kroyer said he took a new call from Thor Railing, who owns the last property on the right before the Hensonville town line. He owns seven and two tenths (7.2) acres with no driveway just past Mudge’s property. Mr. LaPierre said it’s above Fancher’s old place, and Ms. Bernard noted it is before the farm with the bears and the pond. He wants to put in one or two tiny houses. One would have a septic system, and the other might be a tiny house on wheels. Mr. LaPierre said that an RV would have to be moved, according to town regulations. It would also require the 239-Form because its adjacent to state road.
The Town has not yet paid its dues to the Coalition of Watershed Towns, Mr. McCrary said.
Ms. Bernard made the motion to adjourn at 8:40 p.m. Mr. LaPierre seconded the motion, and the motion approved unanimously.
_______________________________, Secretary
_______________________________, Chair
Added: August 07, 2020
Agenda Item 1: Call to Order at 7:30 p.m. and Roll Call
Present: Greg Kroyer, Chair; Donna Bernard; Paul LaPierre; Michael McCrary; and Simon Williams
Mr. Kroyer said for the record that tonight is the first meeting since the state of emergency for the COVID pandemic was declared in March. The April, May, and June meetings were cancelled.
Agenda Item 2: Approval of Minutes of March 5, 2020
The Planning Board reviewed the minutes of March 5, 2020. Ms. Bernard made the motion to approve the minutes as written. The motion was seconded by Mr. LaPierre, and approved unanimously.
Agenda Item 3: Sketch Plan Review and Two-Lot Minor Subdivision for Ronald and Sheila DeLong, Tax Map Parcel 114.00-2-19 represented by Rob Allison of Catskill Region Surveying Services, P.C.
Mr. Allison appeared before the Planning Board with two copies of the map, the Windham-Ashland-Jewett school district data, check for the $200 fee for Sketch Plan Review, two copies of a Letter of Representation signed by Ronald and Sheila DeLong, two copies Short Form Environmental Assessment Form Part 1, two copies of the Sketch Plan Review application, and two Applications for a Minor Two-Lot Subdivision. He has a copy of the tax map with adjoiners marked at five hundred feet (500’), and Mr. Kroyer gave him an updated list at a meeting so he has that too. Chair Kroyer inquired about the before and after deed descriptions, which Mr. Allison said he had.
They agreed to hold off on the Application for Minor Subdivision until next month. Next month he will pay for the Subdivision. Mrs. Epstein gave him a receipt for the Sketch Plan fee.
Mr. Allison described the plan. About six months ago, JoAnn DeLong came in with a Boundary Lot Line Adjustment to sell a small piece to Ronald DeLong. The City of New York now owns the piece as a Streamside Acquisition. Ronald DeLong owns everything delineated in yellow, and that is about eight and thirty-three hundredths (8.33) acres. Mr. DeLong wants to create a new lot; the division line is in pink. This borders a Right Of Way (ROW), which goes out to the town highway. Two and fifty-two hundredths (2.52) acres are to be sold to Stream Acquisition. The parcel is two hundred and fourteen feet (214’) wide, which exceeds the Zoning criteria by fourteen feet (14’), as two hundred feet of width is required. The required acreage of two and a half (2.5) acres is exceeded by two-hundredths (.02) acres. There will not be public access. Ms. Bernard asked whether the Streamside Acquisition people would be combining those parcels, but Mr. Allison replied the parcels couldn’t be combined because of a memorandum of agreement requiring two separate tax payments. The parcel has access through a fifty-foot (50’) wide driveway. The driveway also provides access to a parcel owned by Craig DeLong.
Chair Kroyer asked the Board if they were satisfied with the presentation. No one had further questions, so Ms. Bernard suggested the Board nominate itself as Lead Agency on this unlisted action. Chair Kroyer so declared the Town of Jewett Planning Board as Lead Agency for this unlisted action. He said that tonight will be the preliminary review and next month the Board will make its final determination of the SEQRA based upon new information from the Public Hearing, to be held at next month’s meeting.
He asked Mr. LaPierre to read aloud Part 1 of the Short Form SEQRA for Planning Board review. Ms. Bernard asked if any wetlands came up on the map, and Mr. Allison answered there were wetlands, but nothing interfering with the SEQRA. Mr. Kroyer said it was going to the SAP, so that was not a critical question. No mitigating circumstances were found at this time. Part 2 of the SEQRA will be reviewed next month, and the Board will complete Part 3 and fill out the Negative Declaration next month.
Mr. Allison said he had already posted the sign. He will have to provide the Board with certified mailing receipts from the twelve neighbors within 500 feet of the parcel prior to the Public Hearing.
Chair Kroyer said he would entertain a motion to schedule the Public Hearing for this two-lot Minor Subdivision at the August 6, 2020 meeting of the Planning Board at 8:00 p.m. Mr. LaPierre made the motion, Ms. Bernard seconded the motion, and it was approved unanimously.
Mr. Kroyer made certain that Mr. Allison had all the forms he needed; next month Mr. Allison will provide the $500 fee for this two-lot Minor Subdivision application.
Agenda Item 4: Boundary Lot Line Adjustment for E & E Apartments, LLC, Tax Map Parcel 131.00-2-27, and Andrew T. Hitchcock, Rebecca H. Nelson, TTEE, Hitchcock Family Irrevocable Trust, Tax Map Parcel 131.00-2-57
Mr. Allison is representing both parties for a Boundary Lot Line Application.
Mr. Allison provided the check for $200, two copies of the Boundary Lot Line Application, two Letters of Representation signed by all parties, legal description of parcel to be conveyed and final results, two copies of the map, and proof of the Windham-Ashland-Jewett school district.
The location map shows the parcel in proximity to 23C, Scribner Hollow Road, and Beecher Road. An existing parcel of six and three tenths (6.3) acres is being added to by ninety-five-hundredths (0.95) acres. The pink area is being added on to the yellow, which is the existing line. Thomas Hitchcock has utilized part of this parcel for many years, so the owners of E&E Apartments have agreed to convey the property of a little less than an acre to him. The total becomes seven and thirty-six hundredths (7.36) acres.
The Boundary Lot Line Adjustment has no conditions placed upon it. It simply allows Mr. Hitchcock to continue to use that property. Mr. Kroyer asked the Planning Board if anyone had further questions for Mr. Allison. Mr. Williams took a closer look at the plat.
Mr. Kroyer said that he would entertain a motion to approve this Boundary Lot Line Application. The first motion was made by Mr. LaPierre, and the second motion by Mr. Williams, and subjected to a Roll Call Vote: Donna Bernard – aye; Paul LaPierre –aye; Michael McCrary – aye; and Simon Williams – aye.
Chair Kroyer signed the maps and Mr. Allison presented with the Decision paper.
Agenda Item 5: Greene County Planning Board as reported by Mr. LaPierre from Mrs. LaPierre’s information
At the May meeting of the Greene County Planning Board held via ZOOM, the Town of Durham submitted its Comprehensive Plan update. The GCPB provided a thorough review and provided seven pages of suggestions to improve the Plan. Recommended suggestions: inclusion of fifteen elements from “Comprehensive Planning Resource Type: Guidance Materials & Scholarly Articles State: New York” available online; better incorporate existing demographics to better address housing stock and future housing needs; address the infrastructure and future needs of transportation; give greater consideration to current and future infrastructure needs such as water, waste water, and energy; consider better agricultural preservation; provide consideration to regional needs and official planning by other governmental agencies; protection of historical and natural resources to enhance Durham’s scenic beauty and environmental integrity; and better consideration to improve health and emergency services.
Also in May, the Town of Catskill sought an Area Variance for the placement of a four-foot wide freestanding sign for Murphy’s Law Public House in Leeds. The GCPB considered this a local decision that would have no county impact.
At the June meeting of the GCPB, also held via ZOOM, the Village of Coxsackie submitted a Site Plan Review for renovation of a current IDA building to a pediatric office. This was considered good use of a building and was approved unanimously.
The Town of New Baltimore brought forward a Site Plan and Special Use Permit for a bulk propane plant installation located near the Routes US 9W and NYS 144 ROW. The plan was approved with the conditional protection of the integrity of Sickles Creek and Coxsackie Creek. The EAF indicates that a Water Course Culver Permit is required by the NYSDEC and ACOE. Such a “Protection of Waters” permit is available online from the NYSDEC.
GCPB approved a Site Plan Application for Maggie’s Krooked Café in the Village of Tannersville, which requires emergency repair to the structure of the balcony and the porch.
Agenda Item 6: Other business
The Planning Board received a map for a Boundary Lot Line Adjustment between Arthur L. Herold and Adam E. Barnum and Jamie Hoyt Vitale. This application was approved in March 2020.
STR update from Mr. Kroyer. Things were somewhat quieter since the COVID shutdown, but as things started opening up again, there have been many complaints. The Town Board has begun discussing putting a cap on the STR number as well as making it a Special Use, but enforcement remains an issue.
Ms. Bernard anticipates a host of Article 78s coming against the Town. She likes the cap idea, and thought the language of the law might be better served stating that Jewett will limit STRs to a certain percentage of the housing stock.
Ms. Bernard said that if this idea is embraced, Jewett would need to be careful. Mr. LaPierre said it looks punitive, but that considering an STR as a percentage of a housing stock would allow Jewett to keep pace with the building growth. Mr. McCrary suggested starting off with the Comprehensive Plan, wherein a percentage could be cited, without saying what that percentage is, and the STR becomes an annual review based upon the Comprehensive Plan.
The overall problem that the Town is trying to address is the amount of noise and garbage that accumulate from unsupervised rentals with an absentee homeowner.
Mr. McCrary made the motion to adjourn at 8:27 p.m. Ms. Bernard seconded the motion, and the motion approved unanimously.
Added: July 21, 2020
Agenda Item 1: Call to Order at 7:30 p.m. and Roll Call
Present: Greg Kroyer, Chair; Donna Bernard; Paul LaPierre; and Simon Williams
Agenda Item 2: Approval of Minutes of February 6, 2020
Mr. Williams made the motion to accept the minutes with corrections. Mr. LaPierre seconded the motion, which was unanimously approved.
As a special treat tonight, Jewett residents Sebastian Cruz and Sundee Kroyer attended the Planning Board Meeting for Participation in Government (PIG), a program from Hunter Tannersville Central School. Chair Kroyer noted proudly that Sundee is the Section 4 overall champion for Ski racing.
Agenda Item 3: Short Term Rental Progress Report
Chair Kroyer received more questions regarding STRs from residents who received the application letter in the mail, including a resident, who emailed him today stating that they had no interest in renting out their property for less than one month or more, and asked for advice as to the rules in that case. Mr. Kroyer replied to the resident that if they decided not to rent their home out and removed all of their advertisements from the Internet, then they would not be required to obtain a certificate of registration.
Another former resident, Mr. Wei Han Lou had previously owned property on Route 23C next to Buck and Christine Sperro. He spoke with Mr. Kroyer by phone and stated that the property was sold in October of 2019. The new owner will need to be identified with the help of Mrs. Nancy Bower and will then be contacted by the Town Clerk regarding the STR Registration Certificate.
Buck and Christine Sperro had appeared at the Town Board meeting last month and also at tonight’s Planning Board meeting, stating they are having issues with the STR next door, just seventy-five (75) feet from their house. A barn on that property was torn down, and a modular put in. “Disruptive new people are coming every weekend, hootin’ and hollerin’ within earshot of our home,” Christine said. She stated that advertisements tout it as a Cozy Crowd Pleaser, the spotlight is on 24/7, and the owners never visit. The last few weekends, the Sperros have called the police. State troopers came, but only issued verbal warnings. They didn’t enforce the noise ordinance.
The Sperros would like to see the STR law rescinded and Jewett return to the thirty (30) to ninety (90) day rentals, because these STR renters do not have consideration for the neighbors. Mr. Kroyer explained that the new STR law Jewett has passed is in regard to the ongoing, pervasive, issue of AirBnBs, which in general are a world phenomenon that is not going away, and the STR law is Jewett’s effort to get a handle on these very types of rentals causing so much trouble. Chair Kroyer added that this solution requires time, and explained that Mr. Giangrande is on the case. Things are being dealt with. Jewett is getting complaints from other houses; and Jewett’s attempt to get STRs registered is the proactive first step.
Agenda Item 4: Application for Boundary Lot Line Adjustment for Tax Map Parcel ID Nos. 128-06-16 owned by Arthur Herold and 128-6-17 owned by Adam Barnum and Jamie Hoyt Vitale, and represented by Rob Allison of the Catskill Region Surveying Services.
Mr. Rob Allison was representing this application tonight. He asked if the Board remembered Carlos Clark Tompkins’ subdivision for the Streamside Acquisition Program (SAP). His property is a borderline property on this map; the parcel is off of Rice Street. By a stonewall they found an encroachment with a concrete pad and a couple of septic tanks. The SAP, an arm of the DEP, does not like to buy anything like that. They are taking thirty-one hundredths (0.31) acres added on to the parcel who gets the pad. Bob Mallory said the Highway maintenance guys turn around in an old abandoned road, also exhibited on the map. There is frontage on Rice Street, so he will turn this small thirty-one hundredths (0.31) of an acre over to the neighbor. The resulting lot size is twelve and thirty-one hundredths (12.31) acres. This will be conveyed to the SAP.
Mr. Kroyer summarized that the Planning Board action today is strictly the Boundary Lot Line Adjustment. Mr. Kroyer had earlier given Mrs. Carl the fee, and had prepared the receipt, which Mrs. Epstein gave to Mr. Allison tonight.
Mr. Allison gave Mr. Mallory a call on February 25, 2020 to get the road maintenance information to put on the map.
The Planning Board has received the letter of representation and the completed application. The grantor, Arthur Herold, owns Parcel ID No. 128-6-16, located at 543 Rice Street, Jewett, NY in the Rural Residential zoning district and Windham-Ashland-Jewett School District. The lot size is currently twelve and sixty-two hundredths (12.62) acres, with the resulting lot size to be twelve and thirty-one hundredths (12.31) acres. The abutting parcel owners, Adam Barnum and Jamie Hoyt-Vitale, own Parcel ID No. 128-6-17 in the Rural Residential zoning district and the Windham-Ashland-Jewett School District. Their current lot size of one and one tenth (1.1) acres will result in the new lot size of one and forty-one hundredths (1.41) acres. The owners have signed all copies of the applications.
Ms. Bernard asked Mr. Allison whether the legend on the plats matched everything he just described to the Board. He said that it did, and read aloud from the plats to the Board. He is using a feature new to the Planning Board: The meridian distances shown refer to the New York State Coordinate East Zone adjustment system, which takes into account the curvature of the Earth via the Lambert Conformal figure of 0.999866, which then enables the survey maps to be plugged into the same database of information. Theoretically everything fits together, and enlarges the GIS data system to manage the properties.
Chair Kroyer said that letters of representation have been provided from both parties to the Boundary Lot Line Adjustment; that the before and after descriptions have been provided; the applications are all filled out, signed by the owners, and the fee paid; and Mr. Kroyer said that he would add details proving the school district to the file. He asked the Board if everyone was comfortable with the application, and each member of the Board concurred.
Chair Kroyer said that he would entertain a motion to accept this Boundary Lot Line Application. Mr. LaPierre made the first motion, which was seconded by Ms. Bernard, and subjected to a Roll Call Vote: Ms. Bernard – aye; Mr. LaPierre – aye; and Mr. Williams – aye.
Mr. LaPierre asked what happens if there is a parcel of land surveyed to the property line in the middle of a stream and the stream shifts? Mr. Allison answered that if it moves slowly, it is called an accretion, and the property line shifts with the stream. If the stream shifts all at once, as in a storm, the process is termed an ebollsion, and the property line remains with the former property to where it was measured before it moved. Mr. Allison said that when his company is called upon for this information, his company shows both, and sometimes you need to research aerial photography that can maintain the channel, if one has to rely on old deeds try to pinpoint where the stream used to be. Mr. Allison said much depends on how rapidly or how slowly the stream changed, and then it becomes a matter for lawyers, and who has the most money to pursue it. There have been many battles lately with all the storm events of recent years.
Agenda Item 5: Host Compliance update
During a conference call yesterday, Mr Kroyer left questions for Host Compliance. He said the site seems slow. The company said they are transfering to a new server. Mr. Kroyer also noticed duplicate parcels: he would like to see one listing and one parcel. He waits to see what exactly they will do for the town but currently Host Compliance provides a convenient platform to identify STR Properties. Ten unidentified parcels remain as of this morning. These parcels will hopefully be identified shortly. Access to Host Compliance is given on an “as needed” basis to those who need access to do their jobs, and all Planning Board members may obtain access through him.
The Town of Jewett needs to provide Host Compliance with the permit list. The town has had thirty-nine (39) responses. Soon the Host Compliance site will be all worked out, as simply as “In Compliance” or “Not In Compliance.”
Agenda Item 6: Greene County Planning Board report from Mr. LaPierre
Mr. LaPierre had forgotten his minutes from the GCPB at home, but he remembered that there was an issue in Athens where a group center wants to replace the trailer/old building that no longer suits their needs. But the zoning recently changed to industrial, so now they are talking about mixed zoning.
He said that a group was attempting a demolition center on the Hudson River.
Agenda Item 7: Other business: Discussion on upcoming training.
Donna Bernard had emailed everyone information on a Stormwater Webinar she took in case everyone wanted to look at the slides. More webinars are coming up.
On Wednesday March 18th at the Mountaintop Library, there will be a Streamside Landowner Workshop from 4:30 to 6:00 p.m. put on by the Greene County Soil and Water Conservation District.
On Saturday May 2nd, the 2020 Schoharie Watershed Summit will be held at the Windham Mountain Resort from 9:00 a.m. to 2:00 p.m.
On Tuesday June 16th, there will be a NYSDEC Endorsed four hour Erosion and Sediment Control training at the Greene County Emergency Services Building in Cairo from 8:30 a.m. to 3:00 p.m.
Steven and Kelly O’Brien on Ford Hill Road asked Mr. Kroyer about an issue with their parcel. Assessor Nancy Bower, Planning Board Chair Kroyer, Supervisor Jim Pelliterri, and Code Enforcement Officer Carl Giangrande spent some time looking into the situation.
Mr. Kroyer sent a letter to the O’Briens in response to their inquiry, stating that the sixty (60) acres in question are not under the DEP conservation easement, but are listed as part of their one hundred and eight-nine (189) acres parcel. They are the owner of record, according to the public record.
The Planning Board meeting adjourned at 9:25 p.m. The motion was made by Mr. LaPierre, seconded by Ms. Bernard, and passed unanimously.
Next month’s meeting will be held on April 2, 2020, with the alternate snow date of April 9, 2020.
Respectfully,
Susan H. Epstein, Secretary
________________________________________
Gregory Kroyer, Chair
Added: March 13, 2020
Agenda Item 1: Call to Order at 7:25 p.m.
Mr. LaPierre motioned to call the meeting to order at 7:25 p.m. Mr. Williams seconded the motion, and the meeting was opened at 7:25 p.m.
Roll Call: Chair Greg Kroyer
Present: Paul LaPierre; and Simon Williams
Absent: Donna Bernard
Agenda Item 2: Approval of Minutes of January 2, 2020
A motion was made by Mr. LaPierre to accept the Minutes of December 5, 2019 as amended. The motion was seconded by Mr. Williams, and approved unanimously by the Planning Board (PB).
Agenda Item 3: Implementation of Short Term Rental Registration
Chair Kroyer said that the Short Term Rental Registration Application mailing was sent out. Ninety-three (93) applications went out, two (2) were undeliverable, so ninety-one (91) were received. So far the Town of Jewett has received (24) back. Mr. Giangrande has begun making appointments to inspect residences and thus far issued one (1) certificate of compliance.
Agenda Item 4: Additional Residents’ Feedback on STRs
Mr. Kroyer said he has been helping Mrs. Carl by addressing residents’ concerns through meetings and phone calls. Several wondered if they could delay filing due to life situations, such as a tenant moving out soon. Chair Kroyer said that the goal is to get everyone in compliance by the end of 2020.
Agenda Item 5: Update on Host Compliance Agreement
Chair Kroyer placed the Host Compliance web page on the overhead projector to provide the Planning Board with a look at the database that identifies addresses of those hosting Short Term Rentals (STRs). Mr. Kroyer said Host Compliance is very good, but not yet excellent. They identify STRs within two hundred and fifty (250) yards. Mr. LaPierre asked about the town lines, and Mr. Kroyer said this could be a problem if an STR was identified eight hundred (800) feet outside of the Town of Jewett.
Out of one hundred and fourteen (114) potentially identified addresses, only eighty percent (80%) were definite, leaving approximately twenty percent (20%) unidentified. Host Compliance is continuing to identify these addresses. He said Mrs. Carl and Mr. Giangrande are also working on this now.
Chair Kroyer demonstrated on the big screen how the filtering process works on the Host Compliance database. Data can be tracked through advertising and filtered in any number of ways. He noted many STRs are owned by LLCs. The Hunter Mountain Resort and Xenia on Route 23A are already licensed as hotels, and as such are exempt from this registration, so they will be removed from Host Compliance’s list.
Agenda Item 6: Greene County Planning Board update from Paul LaPierre
The Village of Catskill drafted its Village Comprehensive Plan dated November 1, 2019, and the GCPB was very thorough in its chapter-by-chapter review.
In the Town of Catskill, the conversion and addition to an existing garage brought in an application for an Area Variance for twenty-four (24) feet in the front yard, required by a Right of Way (ROW) to NYS Thruway 87.
The Town of New Baltimore brought five applications to the GCPB in relation to the Hannacroix Solar Facility. The GCPB decided that each referral is a local decision with no county impact.
- the first application for an Area Variance seeks to exceed the maximum fifty-percent (50%) lot coverage by seven and four-tenths percent (7.4%), and although the GCPB defers this as a local decision, it requested the Hannacroix Solar Facility Site Plan for review.
- the second application for a Variance from the setback requirement seeks relief from internal boundary lines for equipment within one hundred feet (100’) of two of its own parcels (Parcel B from Parcels C and D). Although the GCPB defers this as a local decision, it requested the Hannacroix Solar Facility Site Plan for review.
- the third application for a Variance from the setback requirements seeks internal relief from the setback requirement for equipment within one hundred feet (100’) of two of its own parcels (Parcel C from Parcels B and D). Although the GCPB defers this as a local decision, it requested the Hannacroix Solar Facility Site Plan for review.
- the fourth application for a Variance from the setback requirements seeks relief from internal boundary lines for equipment within one hundred feet (100’) for Parcel D from Parcels C and E.
- the fifth application for a Variance from the setback requirements seeks relief from internal boundary lines for equipment within one hundred feet (100’) for Parcel E from Parcel D.
It was noted that these are five (5) separate tax map parcels, of which four (4) owners have signed off on the plan to consolidate. When added together these properties total the requirement to stay within lot coverage limits.
Agenda Item 7: Other business
The Scenic By-Way led by Peter Manning will meet with the Town Board on February 12, 2020.
Mr. Kroyer said that the 239 Forms can now be filled out and submitted online on the Greene County Web Site.
Mr. Kroyer called for a motion to adjourn at 8:30 p.m. Mr. LaPierre made the first motion, and Mr. Williams made the second motion, which carried unanimously.
The next meeting of the Jewett Planning Board will be held on March 5, 2020, with March 12, 2020 set as the alternate date in case of inclement weather.
Respectfully,
Susan H. Epstein, Secretary
________________________________________
Gregory Kroyer, Chair
Added: February 11, 2020
Agenda Item 1: Call to Order at 7:30 p.m.
Roll Call: Chair Greg Kroyer
Present: Donna Bernard; Paul LaPierre; and Simon Williams
Agenda Item 2: Approval of Minutes of December 5, 2019
A motion was made by Mr. LaPierre to accept the Minutes of December 5, 2019 as amended. The motion was seconded by Ms. Bernard, and approved unanimously by the Planning Board (PB).
Agenda Item 3: Short Term Rental Status report
Chair Kroyer said the Town Board has approved the Short Term Rental (STR) law, and that the Village of Hunter and the Town of Cairo have been sent copies of Jewett’s STR law to serve as possible templates for their own towns. Mr. McCrary suggested that a copy be given to Dr. Lee McGunnigle, Mayor, for the Village of Tannersville.
The next step will be mailing notice of the registration to local owners of STRs. Mrs. Carl had written a letter that carefully explains each step in the STR registration process. Mr. Kroyer had drafted a letter to be mailed out to residents. Mr. LaPierre noted confusion in the wording of the letter, wherein a completed Site visit is not necessarily an approved one. The Board corrected the language to prevent future misunderstandings.
Agenda Item 4: Update on Host Compliance Agreement
Host Compliance Internet Service was to provide Jewett with a database specific to identifying addresses of those hosting STRs. The company was contacted and an agreement reached. Mr. Kroyer received a series of email communications from Host Compliance and after speaking to a number of people he said that he is confident Jewett will have access to the database soon.
Stacy, from Customer Relations, suggested requiring a registration certificate number be used on all advertising for STRs, to provide another method of tracking the properties being advertised. The Town Board has not yet decided how this will be followed up on when someone is not in compliance.
Agenda Item 5: Update on Andriy Oliynyk project
Mr. Kroyer met with Mr. Oliynyk, who recently closed on the purchase of a residence in Jewett. Mr. Oliynyk planned on renovating the place into a boutique hotel, and wanted to meet with Mr. Kroyer to discuss this. Mr. Kroyer told him hotels are only possible in the hamlet district, but he could potentially create a B&B or an STR. Mr. Oliynyk was undecided, but he would possibly return for a Special Use Permit once he decides.
The home contains six bedrooms. This run down property has been sitting vacant for years, and Mr. Kroyer is pleased that it will be renovated.
Agenda Item 6: Discussion on Glamping Tents
Mr. Kroyer brought the topic of Glamping Tents to Mr. Giangrande and they researched Jewett Code, which says the owner shall regulate camping on his own property. If somebody wanted to put a fancy Glamping tent up, the Town could not tell the property owner they could not do that, unless he wanted to use it for a Guest House or rent it out, which changes the matter entirely. There cannot be any water in or out, and a composting toilet or outhouse rental would be required. The Town would want to look at any STRs or Guest House use to make certain of safety.
Yurts could possibly be used as a residence, but still need the DEP to approve the septic system, underwriters to approve the electrical service and it must be engineered for the snow load in the area. A yurt would need an STR certificate if rented out. Yurts must have two exits to avoid being a fire hazard.
Mr. Giangrande thinks Glamping Tents should have nice safe platforms, which may need stairs and a railing. If the applicant wanted to add water or electricity, Mr. LaPierre said it could fall under the Guest House regulation. Mr. Williams wondered if a person has vacant property with multiple platforms, whether they would need to pay the STR registration for all of the multiple platforms. Ms. Bernard noted the primary residence clause. Mr. LaPierre noted that camping tents would need to be taken down after a hundred and twenty days. Chair Kroyer stated there would need to be a registration for each building/tent/unit that the owner would want to rent out. Mr. Kroyer said there is nothing in the Code right now that says a person cannot rent out camping in her own backyard, but Jewett has a STR Registration requirement in place.
Renting out multiple rooms in one house would cost one fee. As opposed to multiple Glamping Tents, would that require multiple registrations? Mr. Williams and Mr. LaPierre wondered what is too much? One person has a whole house for an STR plus a Glamping Tent set up in the backyard year round, does he need a separate STR for the separate dwelling? Mr. Kroyer said he would. Ms. Bernard thought at some point, it would become like a campground or a resort, and this is where the topic gets complicated. Mr. Kroyer said with multiple tents it would possibly need to be defined as a campground which is a special use.
Ms. Bernard questioned whether high-end Glamping Tents must be taken down. In the past tenting was temporary, like the Boy Scouts, where the platforms stay, but the tents come down. Mr. Kroyer set forth criteria: Is it heated? Is there water or a toilet? Electric? Once a structure contains a bathroom, the entire definition changes. Try to fit it in where it fits. A yurt might be treated as a house. If there is only a platform with a tent to rent out in the summer, it becomes seasonal. Mr. Kroyer noted a company advertising to put up glamping tents for a percentage of the profit on someone’s land.
As planners, the safest way to plan this is in accordance with the Town Code and Comprehensive Plan. When it becomes a commercial property, it changes the entire thing. The Board will always require adequate sanitation facilities.
Ms. Bernard will research Glamping and Mr. LaPierre said he would take a trip down to Shandaken to see what they are doing in Ulster County. Ms. Bernard summarized that the Board has flushed out a lot of questions, and Mr. Williams quipped that no pun was intended.
Agenda Item 7: Greene County Planning Board update from Paul LaPierre
The Planning Board noticed an article stating that a lawsuit had been filed against Coxsackie for a SEQRA violation in relation to siting the Solar Farm in a mixed agricultural and residential zoning district. The lawsuit was dismissed.
Mr. LaPierre said that the Greene County Planning Board had awarded the Ellen Rettis Award to the Mountaintop Arboretum and the West Kill Brewery. He said that nominations could be made at year’s end by anyone to the GCPB.
Agenda Item 8: Other business
A joint Scenic By-Way meeting will be held on January 14, 2020 to review the current proposal for spelling errors and such. Issues such as Beecher’s Corner(s), elevations, and others will be addressed. Peter Manning will then be able to finish his work. The Town Board (TB) will have to decide whether to adopt the policy by resolution. If the Town Board approves it, then the Mountain Clove Scenic By-Way committee receives it, from whence it goes to the NYS Scenic By-Way committee.
Mr. Kroyer called for a motion to adjourn at 9:00 p.m. Ms. Bernard made the first motion, and Mr. LaPierre made the second motion, which carried unanimously.
The next meeting of the Jewett Planning Board will be held on February 6, 2020, with February 13, 2020 set as the alternate date in case of inclement weather.
Respectfully,
Susan H. Epstein, Secretary
________________________________________
Gregory Kroyer, Chair
Added: January 03, 2020
Agenda Item 1: Call to Order 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 November 7, 2019
During the review of the minutes from our November 7, 2019 meeting, Councilman McCrary questioned the accuracy of the statement, ”Mr. Kroyer said that 29 out of 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.”
Further discussion ensued and Councilman McCrary and the Planning Board Members eventually accepted Mr. Kroyer’s statement as accurate.
Chair Kroyer asked whether anyone else had any further comments or corrections for the minutes. No one did.
A motion to approve the Minutes of November 7, 2019 as written was made by Mr. LaPierre, seconded by Ms. Bernard, and unanimously approved.
Agenda Item 3: Report by Town Board Liaison Michael B. McCrary
Mr. McCrary said that a degree of unfinished business remains which has delayed the vote on the proposed STR registration. The Town Board must wait for a response from the Greene County Planning Board prior to voting on the proposed amendment. His only comment, which he has discussed with a couple of Town Board members, is that the Board hasn’t yet considered penalties. As this is a work in progress, two to three years are needed to level it out. The Town is trying to keep it as flexible as possible and as resident friendly as possible.
Agenda Item 4: Collection of Vouchers
Vouchers were collected from the Planning Board and turned in to the Town Clerk.
Agenda Item 5: Establish 2020 Calendar Meeting dates, including Alternate Meeting dates
Calendar setting remains the first Thursday of each month straight through 2020, Mr. Kroyer said. Meetings are planned for: January 2, 2020 with January 9, 2020 as the alternate date; February 6, 2020, with February 13, 2020 as the alternate date; March 5, 2020 with March 12, 2020 as the alternate date; April 2, 2020 with April 9, 2020 as the alternate date; May 7, 2020 with May 14, 2020 as the alternate date; June 4, 2020 with June 11, 2020 as the alternate date; July 2, 2020, with July 9, 2020 as the alternate date; August 6, 2020, with August 13, 2020 as the alternate date; September 3, 2020 with September 10, 2020 as the alternate date; October 1, 2020 with October 8, 2020 as the alternate date; November 5, 2020 with November 12, 2020 as the alternate date; and finally December 3, 2020 with December 8, 2020 as the alternate date.
Mrs. Epstein is to place notice of this as a Legal Ad in the newspapers.
Agenda Item 6: Report of the Greene County Planning Board (GCPB) meeting
Mr. Kroyer asked Mr. LaPierre how the Greene County Planning Board meeting went, as Mr. LaPierre had attended with Mrs. LaPierre. He outlined concerns for Public Health and Safety before the GCPB. The big topic was the solar farm sitting in a non-business zone right on the town line with Coxsackie. The concern is that to have it there, they must change the zoning. Not all residents are in favor of this. The difficulty with changing the zoning to allow small business is that if at some future point the solar farm closes up, and if that is sole reason for changing the zoning, they have created a whole different type of zoning they cannot back away from, and it becomes “spot zoning.” Some property owners are ready to sell, and will get paid well, but others are not so happy.
Ms. Bernard asked what the zoning is in Coxsackie. Mr. LaPierre thinks it is the same: Rural Residential and Agricultural they want to change to mixed use. Ms. Bernard thinks that Agricultural zoning in the mix makes the question very problematic. Mr. LaPierre read from the GCPB notes. The County recommends “No,” and said that currently zoning in the Town of Athens is compatible with that of Coxsackie, but this proposed use would make the zoning incompatible. Re-zoning needs to be revisited by the town for consistency with its Comprehensive Plan, being certain to preserve the scenic view of the rural environment, the Hudson River, the view of the Berkshires, and other physical features of Athens to understand how such re-zoning would impact other scenic views, such as public gathering places and public road corridors, assuring that development does not block other corridors. They should create a review process to oversee it all, including codes and ordinances to protect the public official’s view during the review process, and taking care to preserve, enhance, and protect historical residential and commercial structures, such as the Flint Mine National Historic District. This plan should be researched for how it would affect the cost and availability of housing, in particular regard to future development of housing units and condominiums to encourage home ownership opportunities.
Ms. Bernard noted the Athens 2007 Comprehensive Plan is due for redoing, as many areas need work. Small, rural towns are economically floundering, and something needs to be done to consider how this area can be revitalized, putting the term “economic sustainability” into the language of their laws. Jewett’s Comprehensive Plan authors did that and it left a lot of room for Jewett to grow. The fact that it involves two towns adds to the challenge. She appreciated how it helped her position as Chair. She thought the Town of Athens could table the project without saying “No,” and rewrite their Comprehensive Plan to support the process inclusive of “economic sustainability” language. Mr. LaPierre said it is west of their business corridor and the root of the scenic issues they are looking at.
Agenda Item 7: Short Term Rental (STR) Proposal Status Report
Mr. Kroyer said the GCPB reviewed the Jewett STR proposal and had a couple of recommendations. “The town should look at other STR ordinances filed with the NYS Dept. of State. These ordinances have called for a permit, not just a registration.” Although Jewett is not calling it a permit, Mr. Kroyer said, the Building Inspector would be making sure that the situation is safe. Registration, fees, and non-compliance fees are already covered in the policy behind the law. Ms. Bernard said it could evolve, and Mr. LaPierre noted there is a lot of flux in the entire STR community. Mr. Giangrande recused himself, because if it passes and his job becomes bigger, he may be compensated for that, so he did not want to vote himself in a raise over here. The Town Board will vote on it next Wednesday as it will have the 239 form back by then.
Ms. Bernard said Greene County has a good template now for establishing STR law, and said that their critique of Jewett’s STR amendment to the Zoning Code would preform as such for the future. Mr. McCrary said Town of Hunter was talking about it and wanting to use Jewett’s law for a model. Mr. LaPierre said Jewett was the first town to have zoning. GCPB’s comment suggesting requiring a method to appeal if someone is denied a permit, is already written into Jewett’s laws: if an application is denied by the CEO the applicant could take that denial and appeal to the ZBA.
Mr. McCrary said the agenda for the Town Board meeting is for the STR law. Mr. Kroyer stated that the process wasn’t happening at the pace he would prefer – tough to get the mailing out by the first of the year, but Ms. Bernard said it would still take place within the first month of the New Year.
Agenda Item 8: Other Business
Mr. Kroyer said that Mrs. Romito will be leaving the Planning Board to take a place on the Town Board, and he had hoped she would be present tonight. He thanks her for her ten years of service on the PB, where she will be sorely missed. Ms. Bernard said that Mrs. Romito consistently demonstrated her respect for the residents of Jewett in her work, and that she will continue to do this as a Town Board member.
Mr. McCrary asked someone to tell Mrs. Romito that she must resign from the Planning Board before she can take her oath of office for Town Councilperson.
Mr. Kroyer brought in documentation from the Scenic Byway in Jewett and Lexington, and spoke of signage within Catskill Park. He will send everybody a link to the material. Ms. Bernard asked Mr. McCrary how long he was on the committee, and he said it was seven years before it was approved. This provides directional signage, increase in tourism, and increased monies for road repairs. Ms. Bernard wondered if the town can go back and revisit the Deming Road question to get that left turn in there. It becomes a matter of the state pressuring another part of the state to get that turn. There should not be a passing zone in front of it. Supervisor Pellitteri sent the state yet another letter about that.
The GCPB was approached about a Hello Panda Lantern Festival at the former Friar Tuck property, but they disproved it. The applicant wanted to have it annually.
Ms. Bernard, Mr. LaPierre and Mr. Williams simultaneously made the Motion to Adjourn. The meeting adjourned at 8:30 p.m.
Respectfully,
Susan H. Epstein, Secretary
________________________________________
Gregory Kroyer, Chair
