Planning Board Minutes – 2023

Added: July 11, 2023

Agenda Item 1: Call to Order and Roll Call

Planning Board Chair, Barbara Schobel called the meeting to order at 7:30 pm.

Present: Deputy Chair Donna Bernard, Members Paul LaPierre, Simon Williams and
Christopher Hopstock.
Maya Carl, Planning Board Secretary.
Absent: None
Public Present: Doug Van Deusen of LaMont Engineers, Ryan Cornelison of Stinemire Engineering, Andrew Wrabel and Bill Rod.

Agenda Item 2: Acceptance of the Minutes for May 4, 2023

Mr. LaPierre made a motion, 2nd by Mr. Williams and carried unanimously, the board moved to accept the minutes of May 4, 2023.

Agenda Item 3: Major Subdivision Birch Woods Subdivision for Parcel ID # 129.00-3-4,

68.60 acres, Rural Residential, owned by Ferdinand Kuznik, represented by Ryan Cornelison, P.E. of Stinemire Engineering.

Mr. Cornelison, P.E took the floor and related to the board all the changes that were made to the plans since he was last there. Comments from the Jewett Planning Board, Jewett Town Board, Jewett Town Highway Department, NYCDEP, NYSDEC, US Army Corps of Engineers, Greene County Planning Board 239 Review and Greene County Highway Department were all taken into consideration while the plans were being updated. The board listened to the changes and asked questions.

On a motion by Planning Board Member LaPierre, 2nd by Planning Board Member Hopstock and carried, The Board adopted the following resolution. SUBJECT: TOWN OF JEWETT RESOLUTION, FINDINGS AND DECISION BIRCH WOOD MAJOR SUBDIVISION APPLICATION FINAL PLAT APPROVAL, APRIL 6, 2023.

“I. WHEREAS,

1. On or about September 13, 2022, Birch Wood Development LLC, (hereinafter referred to as the “Applicant” or “Birch Wood”) applied to the Planning Board of the Town of Jewett for approval of a 12-lot major subdivision of a parcel of land located on County Route 77, also known as Hesley Road, Town of Jewett (Tax Map Number 129.00-3-3.1) and is located in an RR (Rural Residential) Zone as that term is defined in the Town of Jewett Zoning Law.

1. Initially, the Applicant sought approval of the subdivision of the two lots into 13 total lots, consisting of 12 single family. The Applicant will be applying to the NYS Department of State of approval of homeowner’s association for ownership of the roads and drainage and other facilities and infrastructure within the development.

All of the proposed lots will be served by on-site wells and septic systems. Access to the proposed lots will be by a proposed private road to be constructed. The private road will be constructed in accordance with the Highway Specifications in the Town of Jewett, with the exception that the road will not have a paved surface. The road design was reviewed with the Town of Jewett Highway Superintendent. Initially, the road will owned and maintained by a Home Owners’ Association (HOA) to be formed by the Applicant and approved by the State of New York but may be dedicated to the Town as a Town Highway at a point in the future when appropriate.

1. The Planning Board received and reviewed the following submissions from the Applicant and the Town’s independent engineer, Lamont Engineers, during the review process, all of which are incorporated herein by reference:

STINEMIRE ENGINEERS:

• Birch Woods Application Package dated 1-10-23:
  • Authorization letter (9-6-2022) from the Owner for Stinemire Engineering to act as Client’s Agent
  • Completed Town of Jewett Application for Major Subdivision
  • Response letter to Town’s Engineer – comments on Sketch Plan Submission
  • Completed Full EAF (FEAF) – Part-1 with NYSDEC EAF Mapper Summary Report signed by John Stinemire, PE – Stinemire Engineering, PC, dated 1-10-22
  • List of adjacent Property Owners
  • Property Deed
  • Stormwater Pollution Prevention Plan (SWPPP) Report dated January 2023
  • Preliminary Subdivision Project Drawings
• Birch Woods Application Package – February 22, 2023:
  • Authorization letter (9-6-2022) to act as Owner’s representative
  • Completed Town of Jewett Application for Major Subdivision
  • Response letter dated 2-22-2023 to Town Planning Board RE- Response comments to January Preliminary Submission
  • Completed Full EAF (FEAF) – Part-1 with NYSDEC EAF Mapper Summary Report
  • List of adjacent Property Owners
  • Certification of Mailing Notices (copies of certified receipts) for Public Hearing to Adjoining Property Owners by Stinemire Engineering dated 2-16-23
  • USPS Proof of Delivery summary dated 2-10-23
  • NYCDEP Letter dated 1-30-23_ Notice of Incomplete Application – SSTS (Subsurface Sewage Treatment System)
  • NYCDEP Letter dated 1- 30-23_ Notice of Incomplete Application – SWPPP (Stormwater Pollution Prevention Plan)
  • Email from Ryan Mayer – USACOE dated Jan. 24, 2023 RE- ACOE review of project design development with request for additional information
  • Stinemire Engineering letter dated 2-10-23; RE – ACOE response comments, photos, photo key map, etc. to Mr. Mayer
  • NYS Parks, Recreation and Historic Preservation letter dated 2-03-23 RE- SHPO response to inquiry concerning Historic / Cultural Resources with CRIS map
  • Preliminary Subdivision Project Drawings revised to 2-22-23
  • Completed Full EAF (FEAF) Part-1 dated 2/22/23, signed by John Stinemire, PE – Stinemire Engineering, PC
• Birch Woods Application Package – March 29, 2023:
  • Authorization letter (9-6-22) to act as Owner’s representative
  • Stinemire Engineering letter dated 3-29-23 to Curt Field (NYCDEP) RE- NYCDEP project review comments (SWPPP & SSTS)
  • Preliminary Subdivision Drawings revised to 3/29/23
  • Stormwater Pollution Prevention Plan (SWPPP) revised to March 2023

LAMONT ENGINEERS:

• Sketch Plan – Preliminary Review Comments _ 10-6-22
• Preliminary Project Review comments (Lamont Ltr)_ 1-26-23
• Email _ Lamont Engineers to Town PB Chairperson RE-Notes from 2-2-23 PB Mtg_ 2-3-23
• Preliminary Submission Review Comments (Lamont Ltr)_ 2-25-23
• January Planning Board Mtg Notes – Lamont Eng’rs _ 2-3-23
• EMAIL _ Lamont to Town RE- Notes of discussions from Feb. 22, 2023 PB Mtg.
• Preliminary Submission Review Comments (Lamont Ltr for 3-29-23 revised plan submission_ 3-31-23
• Copy – Town’s Public Hearing Sign-In Sheet for 3-2-23
• Preliminary Project Review Comments (letter) dated 3-31-23 for Project review at 4-6-23 PB meeting

NYCDEP:

• NYCDEP Ltr dated 1-30-23 RE- Birch Woods SSTS Notice of Incomplete Application
• NYCDEP Ltr dated 1-30-23 RE- Birch Woods SWPPP Notice of Incomplete Application
• NYCDEP Ltr dated 2-21-23 RE- Lead Agency Response & Project Comments
• NYCDEP Ltr dated 4-6-23 RE- Notice of Complete Application SWPPP

ARMY CORPS of ENGINEERS:

• Email from Ryan Mayer to Stinemire Engineering dated Jan. 24, 2023 RE-ACOE Project Review Comments
• USACOE – Dept of the Army, US Corps of Engineers letter dated 3/1/23 to Property Owner, Ferdinand Kuznik RE-Notice of Nationwide Permit (# NAN-2023-00065) for Nationwide General Permit # 29, including Nationwide Permit Compliance Certification & Report Form (for certification of completed work when completed)

1. The Board also received and reviewed, in-depth, the several written and verbal submissions from the public.

E. The following is the procedural history of the project:

Sept 12th 2022 Ryan Cornelison I.E., Stinemire Engineering
E-mail regarding intent to send in an application for a sketch plan review

Sept13th 2022 Ryan Cornelison I.E., Stinemire Engineering
Application received by e-mail, maps dated 9/12/2022
Application for Subdivision – Sketch Plan Review Form (and fee) · Signed authorization to act as client’s agent · Full Environmental Assessment Form, Part 1 · List of adjacent property owners · Property Deed · Sketch Subdivision Plans

October 6th 2022 Doug Van Deusen, Sr. Project Manager, Lamont Engineers
Preliminary review comments for the SKETCH PLAN submission

October 6th 2022 Planning Board Meeting
Sketch Plan Review Parcel ID # 129.00-3-4, 68.60 acres, owned by Ferdinand Kuznik, represented by Ryan Cornelison I.E.,of Stinemire Engineering

Jan 10th, 2023 Application received by e-mail
Authorization to act as client’s agent Town of Jewett Application for Major Subdivision · Response Letter to Town Engineer’s comments on Sketch Plan Submission · Full Environmental Assessment Form – Part 1 · List of adjacent property owners · Property Deed · Stormwater Pollution Prevention Plan (SWPPP) Report · Preliminary Subdivision Project Drawings
Preliminary Plan Submission dated January 9, 2023 by the Developer’s Consultant – Stinemire Engineering, P.C. on behalf of Owners / Developers Mr. Kuznik and Mr. Oliynyk.

January 10th 2023 Ryan Cornelison I.E., Stinemire Engineering
Developer’s Consultant has submitted the onsite sanitary wastewater treatment/disposal system(s) and Stormwater Treatment / Management system to NYCDEP for their review and comment

January 28th, 2023 Doug Van Deusen, Sr. Project Manager, Lamont Engineers, P.C.
Attached is our project review summary for the Birch Woods – 12 Lot Major Subdivision located on CR-77 in the Town of Jewett. The review is based on the materials submitted for Preliminary Plan review dated January 10, 2023, on behalf of Owners / Developers Mr. Kuznik and Mr. Oliynyk.
January 30th, 2023 Curt Field
Associate Project Manager | NYC Environmental Protection
Bureau of Water Supply | Regulatory & Engineering Programs
Please find the attached Subsurface Sewage Treatment System (SSTS) Notice of Incomplete Applications (NOICA), from Curtis Field, NYCDEP

February 2nd 2023 Planning Board Meeting

The Board revisited/recapped the October 6, 2022 mtg such that the mtg record of 2/2/23 reflects that the Planning Brd accepted the application for the Birch Woods Major Subdivision. Based on the materials submitted, the Brd voted (2/2/23) to approve the submission for Sketch Plan

Planning Board went over comments and discussion items reflected in Lamont Engineers project review letter dated 1/26/23 and discussion of materials submitted by Stinemire Eng’rg.

PB went thru FEAF Part-1 at the February meeting

February 6th 2023 Town Clerk, Town of Jewett

As part of a coordinated review between the Town of Jewett Planning Board, Town of Jewett Town Board, letters were sent out to the list below. The Town of Jewett is seeking lead agency status.

NYCDEP, Cynthia Garcia
NYSDEC, Ms. Kornak
US Army Corps of Engineers
Greene County Planning Board, 239 Review
Greene County Highway Department

2/21/23 NYC DEP
SEQRA response letter in regard to the above referenced action.

2/22/23 Email from Ryan Cornelison. He has attached their revised submission.

2/26/23 Doug Van Deusen, Sr. Project Manager, Lamont Engineers, P.C.
Reviewed the application, FEAF, plans, details, and questions / comments, etc. the Board determined the Preliminary Plan as submitted was detailed enough to schedule at least the first Public Hearing for March 2nd, 2023

2/26/23 Doug Van Deusen, Sr. Project Manager, Lamont Engineers, P.C.
Reviewed the revised materials provided by Stinemire Engineering dated February 22, 2023 along with correspondence from NYCDEP and US Army Corps of Engineers (ACOE) and offered his comments

March 1st 2023 USACOE dated 3/1/23
Response letter
March 2nd 2023 Tal G. Rappleyea, Attorney at Law
First draft. Conditions of approval

March 2nd 2023 Doug Van Deusen, Sr. Project Manager, Lamont Engineers, P.C
Review of draft list of conditions reviewed and list of comments attached.

March 2, 2023 Planning Board Meeting / Public Hearing for the Birch Woods Project:
FEAF Parts 2 and 3 work reviewed and completed

March 7, 2023 Town Clerk, Town of Jewett
Full Environmental Assessment Form Part 2 & 3, completed, signed and sent out to Ryan Cornelison P.E., Stinemire Engineering

March 7, 2023 Curtis Field, NYC DEP
Draft comments based on the January 2023 SWPPP and SSTS submission. These draft comments are in addition to the comments listed in the NOICA dated January 30, 2023.

March 21, 2023 Doug Van Deusen, Sr. Project Manager
Revised draft of Conditions of Final Approval as edited

March 29, 2023 Ryan Cornelison P.E., Stinemire Engineering
Received revised SWPPP Report and Drawings for the Birch Woods Subdivision.
April 6th 2023 Planning board meeting / Public hearing closed
April 3, 2023 Doug Van Deusen, Sr. Project Manager, Lamont Engineers
Attached is our review comment letter for the Birch Woods Major Subdivision

April 5th, 2023 Doug Van Deusen, Sr. Project Manager, Lamont Engineers
Edited summary of DRAFT “Conditions of Approval” that incorporate items that were discussed during a conference call Mr. Van Deusen had with Greg (Kroyer) and Robert (Mallory)

April 6th, 2023 Curt Field | | NYC DEP
Stormwater Pollution Prevention Plan (SWPPP) Notice of Complete Applications (NOCA) for the Birch Woods Subdivision project. Determination to be decided on May 21, 2023

June 1, 2023

Planning Board issues final approval with final conditions of approval

F. The application is consistent with the currently adopted Jewett Town Subdivision Law and Zoning Law. All proposed lots are larger than the minimum lot size allowed in the district. The current character of the surrounding community is that of rural residential home sites. Further, the Town Subdivision Law allows for a much greater density of development than that which is proposed.

In accordance with the notices published during the several month period during which the review process was conducted, the Board examined both the SEQRA issues and the approval process. The continuous participation of the public resulted in numerous modifications of the preliminary plat that resulted in a vastly improved project that has no significant environmental impacts and is in harmony with the Town Local Laws.

II. WHEREAS

A. Under Article 140 of the Jewett Town Code and its amendments generally and in §§140-3 and 140-15, thereof specifically details the required contents of plats and standards by which major subdivisions must be measured and preliminary plat approval may be granted. Those sections read as follows:

Ҥ140-3 Policy

It is declared to be the policy of the Planning Board to consider land subdivisions as part of a plan for the orderly, efficient, and economical development of the Town. This means, among other things:

A. That land to be subdivided shall be of such character that it can be used safely for building purposes without danger of health or peril from fire, flood, or other menace, and without resulting in significant and/or irreparable damage to the ecology of the area in which it is located;

B. That proper provisions shall be made for surface drainage, water supply, sewage and improvements;

C. That all proposed lots shall be so laid out and of such size as to not cause any adverse effects, such as erosion, on neighboring properties or roadways;

D. In order to facilitate fire protection, roads shall have a minimum width (50 feet), grade and location so as to accommodate the prospective traffic. Roads shall also follow the natural contours of the land.

§140-15. Preliminary plat and accompanying data.

Five copies of the major subdivision preliminary plat shall be submitted at a scale of not more than 100 feet but preferably not less than 50 feet to the inch. The plat shall be clearly marked “Major Subdivision Preliminary plat.,’

A. Requirements. In addition to the data in the sketch plan, the preliminary plat application shall include the following:

(1) Proposed subdivision name, name of Town and county in which it is located, date, North point, scale, name and address of record owner, subdivider and engineer or surveyor including license number and seal.

(2) The name of all subdivisions immediately adjacent and the names of the owners of record of all property adjacent to the subdivision and within 500 feet of any perimeter boundary.

(3) Offers of cession of all land to be offered for dedication for roads, highways, easements, parks or other public facilities.

(4) The location of all existing property lines, easements, structures, water bodies, watercourses, wetlands, flood hazard areas, rock outcrops, wooded areas and any other significant existing features that may influence the design of the proposed subdivision.

(5) Accurate topographic mapping at a vertical contour interval of 10 feet or less as required by the Planning Board.

(6) Location of existing sewers, water mains, culverts and drains on the property, with pipe sizes, grades, direction of flow and existing easements.

(7) The width, location and names of any roads or public ways or places within the area to be subdivided and the right-of-way width, location grades, and proposed easements of all roads or public ways proposed by the developer.

(8) Approximate location and size of all proposed water lines and sewer lines or alternative means of water supply or sewage disposal and treatment, including sites for on-site systems as provided in the Public Health Law. If individual septic systems are proposed, soil percolation tests shall be performed for each proposed building lot. The results of these soil tests shall accompany the major subdivision preliminary plat.

(9) Storm drainage plan indicating the approximate location and size of proposed lines, their profiles and connection to existing and proposed drainage easements. Temporary measures to control erosion during construction phase shall also be shown.

(10) Plans and cross-sections showing the proposed location and type of sidewalks, streetlighting standards, street trees, curbs, water mains, sanitary sewers and storm drains, and the size and type thereof, the character, width and depth of pavements and subbase, the location of manholes, basins and underground conduits.

(11) Preliminary designs of any bridges or culverts which may be required.

(12) The proposed lot lines with approximate dimensions and area of each lot and the total acreage of the subdivision.

(13) Where the topography is such as to make difficult the inclusion of any of the required facilities within the public areas as laid out, the preliminary plat shall show the boundaries of proposed permanent easements over or under private property, which permanent easements shall not be less than 20 feet in width and which shall provide satisfactory access to an existing public road or other public road or public open space shown on the subdivision.

(14) An actual field survey of the boundary lines of the parcel, giving complete descriptive data by bearings and distances, prepared and certified to by a licensed land surveyor. The corners of the tract shall also be located on the ground and marked by substantial monuments of such size and type as approved by the licensed engineer and shall be referenced and shown on the plat.

(15) If the proposed subdivision covers only a part of the subdivider’s entire holding, a map of the entire tract drawn at a scale of not less than 400 feet to the inch showing an outline of the platted area with its proposed roads and indication of the probable future road system with its grades and drainage in the remaining portion of the tract and the probable future drainage layout of the entire tract shall be submitted. The part of the subdivider’s holding submitted shall be considered in light of the entire holdings.

B Covenants and deed restrictions. A copy of such covenants or deed restrictions that are intended to cover any lot in all or part of the tract shall be submitted along with the preliminary plat.

C. SEQR documents. A completed environmental assessment form or draft environmental impact statement, as required by the Planning Board under the NYS Environmental Quality Review Act (SEQR) shall be submitted along with the preliminary plat.”

D. The applicant previously sought and received approval of the Preliminary Plat in accordance with the Town Subdivision Law. The Final Plat was submitted within 6 months of the within Resolution, subject to completion of all appropriate Conditions hereinafter set forth.

E. Additionally the Town Subdivision Law also authorizes the requirement of the posting of a performance bond in a form acceptable to the Attorney for the Town and in an amount acceptable to the Town Engineer to cover cost of all required improvements, which also has been set forth hereinafter. The required improvements covered by the Bond include, but are not limited to, the construction of the road, driveways and drainage facilities.

F. The Jewett Town Subdivision Law requires an examination of subdivisions in accordance with character of land and the Board must make determinations that the property in question can be used safely for building purposes without danger to health or peril from fire, flood or other menace, that the project is in accordance with the Master Plan as implemented by the Planning Board and that all required improvements are made in accordance with Town Specifications. Based upon each of the above delineated items the Board does find that the proposed Preliminary Plat, as amended, meets each of the requirements in that the design of the roadway and driveways make all building locations easily accessible by emergency and fire apparatus, and drainage is more than sufficient to prevent flooding. The project is proposed to be substantially less densely developed than is allowed under the Town Building Law. Additionally, the Board further requires as a condition of approval that the Plat contain a provision that no parcel may be further subdivided. Thus, the Preliminary Plat is consistent with the adopted Master Plan, and

NOW THEREFORE IT IS RESOLVED THAT

A. It is by the above standards and requirements that this Board reviewed the application. Based upon the facts, findings and analysis set forth above, this Board hereby finds that the application of the Applicant fulfills the requirements of the Town Subdivision Law for the granting of a Preliminary Plat approval and final Site Plan Approval for the common lot, provided that the conditions hereinafter set forth are met. Additionally, the Board finds that environmental and other impacts have been examined and mitigated to the greatest extent possible where they have been found to exist.

B. In making this decision, this Board reviewed and considered the entire administrative record of these proceedings and the environmental review hereof.

FINDINGS:

1. The resulting parcels will comply with all existing bulk requirements in the Town Building Law.
2. All adjoining landowners of the affected parcel were notified in writing of the public hearing.
3. The Planning Board declared itself lead agency for the purpose of conducting a SEQRA review.
4. The application and the survey map submitted contain all necessary information as required under Article 140 of the Town Code of the Town of Jewett, entitled “Subdivision of Land”
5. The Planning Board took the required “hard look” at the project with regard to the requirements of the NYS Environmental Quality Review Act and found that this action is Type 1 action.

Based upon the above findings the Board determines that:

The application, as amended, for a Preliminary Plat Approval should be and hereby is granted.
Having completed a review of the environmental assessment form submitted by the applicant, and the Board having issued a Negative Declaration, the Board determined that an environmental impact statement need not be prepared.”

RESOLUTION MOTION MADE BY Paul LaPierre,
SECONDED BY Board Member Chris Hopstock.
ROLL CALL:

AYE NAY RECUSED/ABSENT/OTHER

Chairperson Schobel X
Board Member Bernard X
Board Member LaPierre X
Board Member Williams X
Board Member Hopstock X

CARRIED.
DATED: June 1, 2023

Attachments:
Schedule A (Conditions)
Schedule B (SEQRA resolution, Long Form EAF and supplement)
Schedule C (Negative Declaration and Rationale)

SCHEDULE A

The following restrictions will be endorsed on the original Plat Plan of the subdivision and become part of the Planning Board’s approval of the subdivision. These restrictions and covenants will run with the land and be referred to in each of the deeds of the lots within the subdivision.

BIRCH WOODS – MAJOR SUBDIVISION CONDITIONS FOR APPROVAL

The following restrictions will be endorsed on the original Plat Plan of the subdivision and become part of the Town Planning Board’s approval of the Major Subdivision. These restrictions and covenants will run with the land and be referred to in each of the deeds of the lots within the subdivision.

1. No Further Subdivision. No lot within the subdivision shall be further subdivided. This does not preclude Lot Line Adjustments or merger of two or more lots provided no new building lot shall be created thereby.

2. The Homeowners Association (HOA), or its successor(s) shall be responsible for the construction and permanent maintenance of all improvements proposed for the project including but not limited to construction of the roadway to town specifications, stormwater and drainage facilities, lot corner monuments, drainage basins, rock check dams, overflow structures, stabilized outlet aprons, etc., as well as all structures and improvements and proposed uses for lot #8 and drainage systems and/or easements associated with drainage management systems. Any maintenance of HOA systems by the Town of Jewett, Greene County Highway Dept., etc. shall be at the expense of the HOA and/or residents of the Development.

3. The HOA shall construct the roadway to town specifications and then shall offer the roadway to the Town as a town highway following the issuance of the third Certificate of Occupancy for homes within the subdivision, in accordance with the Town Highway design requirements and dedication requirements at the time of offering. The Town shall have no obligation to accept the roadway into the Town Highway system.

4. In the future event the HOA fails to or cannot discharge its duties and obligations set forth herein, the property owners of each of the parcels shall be individually and collectively responsible for such duties and obligations. This condition shall be contained in each deed for each parcel within the subdivision. Any maintenance or repairs performed by the Town of Jewett, Greene County, etc. shall be at the expense of the HOA and/or its successors.

5. Building Envelopes. The dwelling and out-buildings on each lot shall be contained entirely within the Town’s minimum set-back requirements as shown on the Subdivision Plat Plan. Accessory structures and recreational facilities shall be situated in accordance with the applicable Local Laws at the time each building permit is secured.

6. The Applicant/Developer shall comply with all Town Codes of the Town of Jewett, including but not limited to Town Subdivision, Site Plan Review, Building Permit, and applicable Local Laws at the time of construction.

7. ANY / ALL tree clearing for any new lot shall be in compliance with existing Town Codes pertaining to forestry management and forestry preservation (Ref. Town Code # 140-29 Preservation of Natural Features).

8. All onsite water and wastewater treatment and disposal systems shall comply with all Local, NYSDEC, NYCDEP, and Federal statutes at time of issuing building permits for construction of residential and/or areas of “Common Use” under the jurisdiction of the HOA.

9. All onsite stormwater management systems shall comply with applicable NYSDEC, NYCDEP, and Federal (USACOE) regulations and design guidelines at time of construction and/or implementation.

10. All building structures to be constructed shall comply with the Town Code for the Town of Jewett at the time of construction and shall comply with NYS and International Fire and Building Code, as well as all applicable Town of Jewett local laws.

11. All outdoor amenities shall be constructed and installed in compliance with the Codes for the Town of Jewett and all applicable Town of Jewett Local Laws at time of construction / installation.

12. All roadway, rights of way (ROW), drainage system maintenance, perpetual management and compliance shall be the absolute responsibility of the Applicant Development Homeowner Association (HOA) on a 24-hours, 7-days per week, 365- days per year basis for all resident and emergency service access. The Town of Jewett shall have absolutely no responsibility for snow removal, drainage system maintenance, and/or roadway maintenance until the roadway has been accepted into the Town of Jewett Highway System. Prior to Town acceptance for dedication into the Town Highway System, the Applicant and/or HOA shall provide a detailed HOA Plan to the Town of Jewett for review and acceptance prior to FINAL APPROVAL. A representative of the HOA shall be available (in-person or by electronic contact (email, text, phone, etc.) during reasonable business hours.

13. Prior to final subdivision approval ALL lots created by the Subdivision shall be properly monumented in accordance with the Town of Jewett Subdivision Local Law, and Highway Specifications in accordance with the Codes for the Town of Jewett. All monumentation shall meet approval of Town Code Enforcement Dept.

14. ANY changes to the number of parcels (lots) proposed (increase or decrease) shall be presented to the Town for review and approval under the applicable Town Local Laws at the time of modification. No parcel shall be combined (un-subdivided) without review and approval of the Town of Jewett.

15. All landscaping and plantings required for stormwater management systems, drainage filtration strips and/or preservation of freshwater wetlands shall be in accordance with the plans as approved by the Town of Jewett Planning Board. ANY deviation of such shall be presented to the Town (Planning Board, Town Codes Office, Town Engineer, etc.) as appropriate prior to implementing installation.

16. All plantings required for various stormwater management systems shall be maintained in perpetuity by the Developer, the Homeowner Association (HOA) and/or the property owners of each parcel individually or collectively unless changed through legal instrumentation with the Town of Jewett. Any dead or unhealthy plantings, etc., shall be replaced promptly, within the effective, optimum growing season to maintain optimum effective treatment of the system(s).

17. Any construction debris, mud and/or sediment infused stormwater that leaves the Applicant/Development site shall be promptly managed and removed so not to interfere with existing drainage systems on any adjoining public street and/or existing drainage system. Any impacts to area culverts shall be cleaned/cleared and restored to pre-construction conditions in compliance with all applicable NYSDEC, NYCDEP, Greene County Highway, and USACOE

regulations. ALL mud, stone, construction related debris placed on County Route 77 (CR-77) shall be promptly removed by the Applicant/Owner/Developer OR project associated Contractors.

18. Any/all onsite well development shall be in accordance with Town of Jewett, NYSDOH and NYSDEC regulations as they apply.

19. Site and facilities development shall work in cooperation with area Emergency Medical Services and/or Fire Department(s) having jurisdiction / authority to assure effective access and adequate water resources are available for effective fire protection of the development and immediate forestry. New roadway shall be accessible 24/7/365 to all Fire and Emergency Services.

20. All exterior lighting shall be downdirected with light source shielded such that it will face away from residential areas immediate to the Development.

21. Property owners and/or the HOA shall maintain appropriate means of trash removal on a regular basis (not less than weekly). All dumpsters, bins, garbage cans, trash containers, etc. shall be properly secured and properly contained on each parcel to prevent blowing on neighboring properties.

22. If any term or condition of this subdivision or site plan approval is annulled by a court of law, then the Town Board shall retain the right to reconsider whether the approvals meet or exceed the requirements for granting such approvals in accordance with the standards of the Jewett Town Code(s).

23. If any terms and/or conditions of the approvals granted by the Town of Jewett are violated, such violations shall be dealt with in accordance with the Town of Jewett Code(s), including the possibility of revocation of approval by the Court following an adjudication of the violation.

24. Applicant/Developer shall allow Town of Jewett access to the properties and/or site at reasonable times and upon reasonable notice, to evaluate compliance with terms and conditions of approval(s). Town shall appropriately notify APPLICANT of intent to visit the property/site and shall comply with all safety and privacy restrictions applicable to visitors.

25. Access to the Development shall be in accordance with Subdivision for the purpose of review of compliance with such approvals, engineer’s reports, and other documentation approved by the Town of Jewett, including but not limited to any and all plans, reports, stipulated conditions, and/or supplemental documentation.

26. Except where approved for emergency equipment service or notification (i.e., pump or equipment alarms), there will be no outside public address system or amplified music within the Development.

27. No residents shall occupy any parcel or dwelling until Town of Jewett Codes Office has inspected and granted a certificate of occupancy. Temporary Occupancy (tent, camper, RV, lean-to, tiny structure(s), etc.) of any buildable parcel shall be in accordance applicable Local Laws at the time of the occupancy occurrence. There will be no Certificate of Compliance or Occupancy issued until all site improvements have been completed, inspected, and approved by the Town Codes Office.

28. Where/if applicable, all power, CATV, telecommunications and internet services shall be installed within the common rights of way along the new roadway in accordance with Town of Jewett Highway Specifications.

29. The Applicant shall maintain an escrow account in order to reimburse the Town and/or outside Engineering or other Consultants for project review expenses through the completion of the Development.

30. The Applicant shall submit any/all covenants and restrictions as well as a detailed Homeowners Association Plan to the Town for review and acceptance as a condition of FINAL APPROVAL. All terms and conditions shall remain in effect through the FINAL APPROVAL period and remain with the property unless legally amended with the Town of Jewett.

31. Applicant / Developer shall provide an active list of construction and/or appropriate contacts throughout the course of development and/or construction with the Town and Town Codes Office, for drainage management as well as fire and emergency service access.

32. All parcels / lots shall be assigned a E-911 address in accordance with Greene County Emergency Services.

33. Underground Utilities. Where practical, all new utility services should be placed underground.

34. Stormwater Management. Any construction that disturbs soil on any lot within the subdivision is subject to the applicable requirements of the State Pollutant Discharge Elimination System (SPDES) administered by the NYSDEC General Permit for Stormwater Discharges From Construction Activities. As a minimum, the owner of each lot and the owner’s designated contractor are responsible for developing and following an Erosion and Sediment Control (ESC) Plan and filing a notice of intent with NYSDEC and/or NYCDEP. A copy of a Sample ESC Plan will be provided by the Developer or his/her Representative to the initial buyer of each lot in the subdivision for their information. It is the lot owner’s sole responsibility to prepare the ESC Plan specific to their proposed construction and to comply with the applicable requirements of the SPDES General Permit.

35. Additionally, prior to final subdivision approval the applicant is required to provide a performance bond in a form acceptable to the Attorney for the Town and the Town Board in an amount acceptable to the Town Engineer to cover the cost of all required improvements. Those required improvements include the construction and/or maintenance of the private road, driveways, and drainage facilities.

36. Approval is also conditioned upon the Applicant making the appropriate filing for the Homeowners Association (HOA) with the NYS Attorney General’s Office in accordance with the NYS General Business Law regarding a ‘de minimus cooperative interest’, if same is appropriate and acceptable to the NYS Attorney General’s Office, with copies of the documentation provided to the Town of Jewett.

37. Approval is further conditioned upon the inclusion of language previously submitted to the Board in all deeds for parcels affected by a private road or driveway setting for the duties and obligations of each owner with regard to maintenance and other issues affecting such driveway and/or road.

R:\2022115\CORR\006R3\Conditions of Approval – Final (TGR_ 5-31-23 (dvd)

SCHEDULE B &C IS ATTACHED AT THE END OF MINUTES

Mr. LaPierre made a motion, 2nd by Mr. Hopstock and carried, the board moved to authorize Chair Schobel to sign the maps at a later date based on approval from Tal Rappleyea, Esq.

Agenda Item 4: Review of Solar Moratorium

No review was done.

Agenda Item 5: Other Business

There was no other business that came before the board.

Agenda Item 6: Greene County Planning Board

No meeting held.

There being no other business, Mr. Hopstock made a motion, 2nd by Mr. LaPierre and carried unanimously to adjourn the meeting at 8:56pm.

_____Barbara Schobel__________Planning Board Chair

_____Maya Carl_______________Planning Board Secretary

Documents

Schedule B (PDF – 5.0 MB)
Schedule B
Schedule C (PDF – 849.2 KB)
Schedule C