Ms. Williams made a motion to open the meeting at 7:00pm, 2nd by Ms. West and carried unanimously.
Agenda Item 1- ROLL CALL
Chair: Kathleen Williams
Members: Charles Kutcher and Sandra West
Absent: Carol Miles and Gene Coe
Alternate: Maya Carl
Public Present: Jed Orleman and Stefanie Kusmann of Empire Solar Solutions
Agenda Item 2- Application for Area Variance for Alexandria Wilson and Jed Orlemann, 210 Acorn Dr., Jewett, NY Tax ID No. 112.00-3-60; Rural Residential Zoning District, 5.80 acres.
Ms. West made a motion, 2nd by Mr. Kutcher and carried the board approved
Mr. Orlemann and Ms. Wilson’s application granting an extra 2.76kW-AC usage for a ground mounted solar system.
ROLL CALL VOTE: Ms. Williams- AYE, Mr. Kutcher -AYE, Ms. West- AYE.
The vote was unanimous and the motion was approved.
Agenda Item 5- Other Business
There being no other business, Mr. Kutcher made a motion to close the meeting,
seconded by Ms. West; the vote was unanimous and the meeting was closed at 7:06 pm.
Respectfully Submitted, _____________________________
Maya Carl, Secretary Accepted
Ms. Williams made a motion to open the meeting at 7:02pm, 2nd by Ms. West and carried unanimously.
Agenda Item 1- ROLL CALL
Chair: Kathleen Williams
Members: Charles Kutcher and Sandra West
Absent: Carol Miles and Gene Coe
Alternate: Maya Carl
Public Present: Jed Orleman, Alina Stanczak and Stefanie Kusmann of Empire Solar Solutions
Agenda Item 2- Approval of Minutes
The Minutes of the October 6, 2021 meeting were accepted on a motion by Ms. West,
2nd by Mr. Kutcher and carried.
Agenda Item 3- Public Hearing for Area Variance for Alexandria Wilson and Jed Orlemann, 210 Acorn Dr., Jewett, NY Tax ID No. 112.00-3-60; Rural Residential Zoning District, 5.80 acres.
Ms. West made a motion, 2nd by Mr. Kutcher to open the public hearing at 7:02 pm for an application for Area Variance for Jed Orlemann and Alexandra Wilson.
The secretary stated that the legal ad for the public hearing was placed in the Friday
October 22, 2021 issue of the Mountain Eagle News.
The board then called Mr. Orelmann to the floor to make sure he had all his appropriate paperwork in order. The board confirmed that Mr. Orelemann had signed and hung up the required notice on his property and he produced all certified receipts showing that he had notified his neighbors of the public hearing. Also, a site visit was conducted by Ms. Williams and Ms. West a week before the scheduled meeting.
The board then called upon Mr. Orlemann’s representative, Ms. Kusmann of Empire Solar and asked a series of questions regarding the ground mounted solar system that is proposed for the property. Ms. Kusmann answered all the questions.
On a motion by Ms. West, 2nd by Mr. Kutcher the board moved to close the public hearing at 7:28pm.
The board discussed Mr. Orlemann and Ms. Wilson’s request.
Ms. Williams, Chair said she would like more time to make a decision as this particular case will set a future precedent and she wanted the board to be careful in their decision.
Ms. Williams said that since the board has 62 days to make a determination, she would like to meet again next month and in that time period she will discuss this case with the board who updated the zoning code as to what the original intent of the law was at the time it was made.
Mr. Orlemann and his representative Ms. Kusmann both appealed to the month of waiting and said if they wait another month, it will be too cold to put the system in and requested a special meeting before next month. The board agreed and a special meeting has been scheduled for Monday November 8, 2021 at 7pm thru zoom meetings.
Agenda Item 4- Application for Area Variance for Theodore& Alina Stanczak, 252 Route 77, Jewett, NY Tax ID No. 111.00-3-10; Rural Residential Zoning District, 20 acres
The board reviewed Mr. and Mrs. Stanczak’s application for a variance request. Mrs. Stanczak took the floor and explained her plans to the board. She is looking to build a shed. She had applied for a building permit, but was denied due to the fact that he does not meet the required setback footage from the proposed shed to the lotline. Mrs. Stanczak is looking to obtain a 15’ variance.
The board looked at the site plan and advised the applicant that a better site map was need with measurements drawn to scale with any and all structures on the property marked. Mrs. Stanczak was also missing a hardship letter and was advised to have it for the next meeting.
It was decided to go ahead with the public hearing and variance request. Mrs. Stanczak gave permission for board members to do a site visit.
Mr. Kutcher made a motion, 2nd by Ms. West and carried the board accepted
Mr. and Mrs. Stanczak’s application provisionally with the homeowner to provide the hardship letter at the next meeting and carried unanimously.
Agenda Item 5- Other Business
There being no other business, Ms. West made a motion to close the meeting,
seconded by Mr. Kutcher; the vote was unanimous and the meeting was closed at 8:20 pm.
Respectfully Submitted, _____________________________
Maya Carl, Secretary Accepted
Ms. Williams made a motion to open the meeting at 7:05pm, 2nd by Ms. West and carried unanimously.
Agenda Item 1- ROLL CALL
Chair: Kathleen Williams
Members: Charles Kutcher, Carol Miles, Sandra West and Gene Coe
Alternate: Maya Carl
Public Present: Jed Orleman and Stefanie Kusmann of Empire Solar Solutions
Agenda Item 2- Approval of Minutes
The Minutes of the September 1, 2021 meeting were accepted on a motion by Ms. West,
2nd by Mr. Kutcher and carried.
Agenda Item 3- Application for Area Variance for Alexandria Wilson and Jed Orlemann, 210 Acorn Dr., Jewett, NY Tax ID No. 112.00-3-60; Rural Residential Zoning District, 5.80 acres.
The board reviewed Ms. Wilson & Mr. Orlemann’s application for a variance request. They are being represented by Stefanie Kusmann of Empire Solar Solutions. The applicants would like to place a ground mounted solar system on their property and are proposing a 12.76kW-AC system. Applicants were denied by the building inspector, as the proposed solar panel system exceeds the town’s definition of small-scale photovoltaic according to the Town of Jewett Code §165-21.4 paragraph G: Definition of “Small-Scale Solar” the maximum amount of kW-AC that is permit able is 10kW-AC. They have appealed to the Zoning Board of Appeals for a variance for the extra 2.76kW-AC usage.
The board reviewed the application and found it was missing the official denial letter from the town’s building inspector. It was agreed to provisionally accept the application as complete as long as the letter was received in the morning. It was decided to go ahead with the public hearing and variance request. Mr. Orlemann gave permission for board members to do a site visit.
Mr. Kutcher made a motion, 2nd by Ms. West and carried the board provisionally accepted
Ms. Wilson & Mr. Orlemann’s application as complete and carried unanimously.
Ms. Williams requested for the public hearing that a more detailed plot plan be drawn to scale accurately with all structures shown along with distances measured from each lot-line. Ariel views are not accepted. Ms. Kusmann agreed to have the engineer revise the plot plan for the public hearing.
Ms. Kusmann will also get in touch with the Zoning Clerk to receive the required paperwork and signage that must be hung on the property, including all the adjoining property owners’ information so that they can begin to notify their neighbors by certified mail of the public hearing which has been scheduled for November 3, 2021 at 7pm thru Zoom Meetings.
Agenda Item 4- Review of ZBA’s By-Laws
The Board continued their review of the current Zoning By-Laws. They will continue the review next month.
Agenda Item 5- Other Business
There being no other business, Mr. Coe made a motion to close the meeting,
seconded by Mr. Kutcher; the vote was unanimous and the meeting was closed at 8:32 pm.
Respectfully Submitted, _____________________________
Maya Carl, Secretary Accepted
Ms. Williams made a motion to open the meeting at 7:00pm, 2nd by Ms. West and carried unanimously.
Agenda Item 1- ROLL CALL
Chair: Kathleen Williams
Members: Charles Kutcher, Carol Miles and Sandra West
Absent was Gene Coe
Alternate: Maya Carl
Public Present: None
Agenda Item 2- Approval of Minutes
The Minutes of the August 4, 2021 meeting were accepted on a motion by Ms. West,
2nd by Ms. Miles and carried.
Agenda Item 3- Review of ZBA’s By-Laws
The Board worked on reviewing the current By-Laws and made revisions using a model appendix as their guide. They will continue the review next month.
Agenda Item 4- Discussion of upcoming case scheduled for October, Application for Area Variance for Alexandria Wilson and Jed Orlemann, 210 Acorn Dr., Jewett,
NY Tax ID No. 112.00-3-60; Rural Residential Zoning District, 5.80 acres.
The board discussed the upcoming application.
Agenda Item 5- Other Business
There being no other business, Mr. Kutcher made a motion to close the meeting,
seconded by Ms. Miles; the vote was unanimous and the meeting was closed at 8:42 pm.
Respectfully Submitted, _____________________________
Maya Carl, Secretary Accepted
Ms. Williams made a motion to open the meeting at 7:05pm, 2nd by Ms. West and carried unanimously.
Agenda Item 1- ROLL CALL
Chair: Kathleen Williams
Members: Carol Miles, Sandra West and Gene Coe
Absent was Charles Kutcher
Alternate: Maya Carl
Public Present: None
Agenda Item 2- Approval of Minutes
The Minutes of the July 7, 2021 meeting were accepted on a motion by Ms. West,
2nd by Mr. Coe and carried.
Agenda Item 3- Review of ZBA’s By-Laws
Ms. Williams shared with the board a couple of different ZBA by-laws from various towns as models for our review. The board went on to discuss our current by-laws and agreed to use the appendix A model as a guide. It was agreed to set up Google docs so that we could all work on this throughout the month. The ZBA secretary will set up Google docs and e-mail the board an invitation.
Agenda Item 4- Trainings
Ms. Williams spoke to Rich Schiafo, from Greene County Economic Development, Tourism and Planning regarding upcoming zoning trainings. He mentioned that there were none scheduled in August but that there is an ethics training course coming up after August and that he would notify her of the date. Ms. Williams would like the board liaison to ask the town board if the members of the ZBA can take the training as a group and come in either before or after their scheduled meeting occurs.
Agenda Item 5- Other Business
Ms. Williams related to the board that she spoke to Christopher Eastman from NYS Zoning to get more information regarding what the ZBA’s role is in the appeals process for STR violations/ license removal. She was told that we are here for area, use and interpretation and that it would be up to the town to decide if the ZBA would be hearing every case regarding violations or only after the STR license is pulled. The liaison will ask the Town Board and Town Attorney Tal Rappleyea for clarification.
There being no other business, Mr. Coe made a motion to close the meeting,
seconded by Ms. Miles; the vote was unanimous and the meeting was closed at 8:31 pm.
Respectfully Submitted, _____________________________
Maya Carl, Secretary Accepted
Ms. Williams made a motion to open the meeting at 7:17pm, 2nd by Ms. Miles and carried unanimously.
Agenda Item 1- ROLL CALL
Chair: Kathleen Williams
Members: Carol Miles and Sandra West
Absent were Charles Kutcher and Gene Coe
Alternate: Maya Carl
Public Present: None
Agenda Item 2- Approval of Minutes
The Minutes of the October 7, 2020 meeting were accepted on a motion by Ms. West,
2nd by Ms. Miles and carried.
Agenda Item 3- Role of ZBA with STR violations via discussion with Tal Rappleyea
Ms. Williams shared with the board what role the ZBA will have when a registered STR is looking to appeal a violation or have had their STR license revoked.
Ms. Williams called NYS and they agreed it was within zoning and if the registered STR owner had their license revoked, they can appeal it.
She then spoke extensively with town Attorney, Tal Rappleyea who advised the board to look at all the data from the CEO and see if it is correct. Has the registered STR owner followed all the rules regarding noise, garbage and occupancy? Again Mr. Rappleyea recommends using the facts to guide us. The board then looked over the current zoning application form entitled, “Application for Interpretation” to appeal a decision and it was found that it needed some updating. Board members agreed to work on it during the month and share their ideas to update the form at the next zoning board meeting.
They will also ask the town board if the fee of $35 for the appeal is still valid or has the fee increased.
The board then discussed the CEO’s monthly report regarding STR’s and is requesting that he furnish the zoning board with his reports on a monthly basis.
The Zoning Board is also requesting an official complaint form be drawn up so that follow ups can be easily attained.
There was a suggestion that the CEO and ZEO be two separate people instead of combining the roles. In the past, there were always two separate people. The board feels that this would be in the best interest of the town regarding accountability.
Agenda Item 4- ZBA Committee to revise/ update zoning laws in conjunction with the Planning Board
Ms. Williams mentioned to the board that the zoning board bylaws have not been updated since 2000. She would like the board to begin a review of the current bylaws and update as needed. Ms. Williams would also like to form a review committee to go over the current zoning laws and make suggestions to the planning board.
Agenda Item 5- Training hours… discussion as to how we can have relevant training
Ms. Williams brought up training and how best to accomplish it as a group. She has been in touch with Rich Schiafo from the Greene County Planning board and he offers many different courses to take. The zoning board will ask the town board if it is permitted to take a 1 hour training course after we close our monthly board meeting, that way we can make sure that we are all continuing in our education.
There being no other business, Ms. Williams made a motion to close the meeting,
seconded by Ms. Miles; the vote was unanimous and the meeting was closed at 8:35 pm.
Respectfully Submitted,
Maya Carl _____________________________
Secretary Accepted
Ms. Williams made a motion to open the meeting at 7pm, 2nd by Mr. Kutcher and carried unanimously.
Agenda Item 1- ROLL CALL
Chair: Kathleen Williams
Members: Charles Kutcher, Carol Miles and Sandra West
Absent was Gene Coe
Alternate: Maya Carl
Public Present: Vanessa Noritz, Wesley Ebelhar and Jason Pontillo
Agenda Item 2- Approval of Minutes
The Minutes of the September 2, 2020 meeting were accepted on a motion by Mr. Kutcher, 2nd by Ms. West and carried.
Agenda Item 3- Public Hearing for Area Variance for Vanessa Nortiz and Wesley Ebelhar, 275 Cloos Road, Jewett, NY Tax ID No.146.00-1-16; Rural Residential Zoning District, 5 acres.
Ms. West made a motion, 2nd by Mr. Kutcher to open the public hearing at 7:02 pm for an application for Area Variance for Vanessa Nortiz and Wesley Ebelhar.
The secretary stated that the legal ad for the public hearing was placed in the Friday September 18, 2020 issue of the Mountain Eagle News, running 20 days before the meeting date.
The board then called Mr. Ebelhar to the floor to make sure he had all his appropriate paperwork in order. The board confirmed that Mr. Ebelhar had signed and hung up the required notice on his property and he produced all certified receipts showing that he had notified his neighbors of the public hearing. Also, a site visit was conducted by Ms. Williams and Ms. West a week before the scheduled meeting.
Mr. Kutcher made a motion to close the public hearing at 7:15 pm, seconded by Ms. Miles.
The board discussed Ms. Nortiz and Mr. Ebelhar’s request and reviewed the benefit to applicant weighed against the detriment to health, safety and welfare of the neighborhood.
Agenda Item 4- Application for Area Variance for Vanessa Nortiz and Wesley Ebelhar.
Ms. West made a motion, 2nd by Ms. Miles and carried the board approved
Ms. Nortiz and Mr. Eblehar’s application granting a 15ft. variance to the front property line.
ROLL CALL VOTE: Ms. Williams- AYE, Mr. Kutcher -AYE, Ms. Miles-AYE, Ms. West- AYE.
The vote was unanimous and the motion was approved.
There being no other business, Ms. Miles made a motion to close the meeting,
seconded by Ms. West; the vote was unanimous and the meeting was closed at 7:16 pm.
Respectfully Submitted,
Maya Carl _____________________________
Secretary Accepted
