Town of Catskill, NY - Planning Board Meeting Minutes 09/20/2007

Town of Catskill Planning Board

September 20, 2007, 7:00 PM

Present: Chairman Daniel Howard-PE, Warren Sheridan, Allen Uhler, Larry Federman, Jack Rivituso, Secretary Jennifer Foxe.

Absent: Vice Chairman Peter Gustas, Harry Sacco.

Chairman Dan Howard opened the meeting with a moment of silent prayer and the Pledge of Allegiance to the flag.

Minutes of the July 17, 2007, July 31, 2007, August 14, 2007, August 21, 2007, September 6, 2007 meetings were reviewed. Mr. Sheridan made a motion to accept the minutes as written, seconded by Mr. Rivituso

Ayes 5, Nays 0, Absent 2, Motion Carried.

Special Use Permit SUP-2-2007 (Hotel & Restaurant) Murarui Brothers Inc, 3335 Route 23A, Catskill.

Special Use Permit SUP-3-2007 (Multi Family Dwelling) Murarui Brothers Inc, 3335 Route 23A, Catskill.

Mr. Howard stated for the benefit of the Board the two Special Use Permits will be reviewed together, since there are two separate projects on the same property.

Scott Lane presented a commercial activity site plan for Murarui Brothers Inc. Currently there are 5 structures on site that are existing. The owners propose to re open two of the existing hotels and establish utilities for apartments. There is an existing library in use, a green building, a blue 3 bedroom existing rental, and the main building has an existing restaurant & banquet hall.

Mr. Howard stated the Board will want to see the septic can handle the proposed uses, and to ensure there won’t be any traffic or parking issues. Route 23A is maintained by NYS Department of Transportation, they will be notified of the proposed project, and the Board will entertain any comments from them. Mr. Howard also stated for the applicant to provide the Board with a traffic impact study.

Mr. Lane stated the septic is located on the upper level of the property, and there is existing lighting and parking.

Mr. Howard stated a long form EAF was submitted and an escrow account has been set up.

Mr. Lane stated there is a swinging bridge located on the property, not sure if the bridge is historical.

Mr. Howard stated the Board would like to know the applicant’s feelings regarding the bridge and possible public access to it. Mr. Howard also stated he would like the plans revised showing the swinging bridge, labeling of the buildings, parking, and lighting.

Subdivision SUB-6-2007 Volosk LLC, Cauterskill Road , Catskill.

Mr. Howard stated SEQR notices have not been sent out at this time, due to

Clough Harbour & Associates waiting on additional information in regards to their comments to the applicant.

Rich Drao submitted to the Board a revised site plan for the Volosk LLC project.

Mr. Howard requested 11x17 format copies of the site plan, so they can be sent out. Mr. Howard also stated an escrow account is in effect and the next step is for Clough Harbour & Associates to review the changes that were recently submitted. Before a public hearing can be scheduled the Board needs a complete submittal with all issues addressed.

Subdivision SUB-14-2007 (Minor 4 Lots) Charles Quinn, Pennsylvania Ave , Palenville.

Mr. Howard stated the paperwork states this project is a 4 lot subdivision, however the plans show 6 lots in the subdivision.

Mr. Quinn stated the 2 additional lots that are shown are existing.

Mr. Howard stated the Board would like the applicant to have the 2 lots noted on the plans they are existing.

Mr. Howard and the Board reviewed the sketch plan presented by Mr. Quinn to ensure all required items were noted.

The site plan was missing some of the required items off the checklist, which needs to be corrected on the plans for the next meeting.~ The missing items include: the specific address of the project, a grading and drainage plan noting all contours, addresses of the abutting property owners, re-number the 4 lots that are being split off. As the Board proceeds deed restrictions will be discussed.

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Mr. Rivituso made a motion to approve the sketch plan for Subdivision SUB-14-2007, seconded by Mr. Uhler.

Ayes 5, Nays 0, Absent 2, Motion Carried.

Subdivision SUB-17-2007 Maria Deleo, 750 Route 23A, Catskill.

Mr. Howard stated the Board has received a letter from Maria Deleo stating she is the property owner and she gives permission for Mr. Otten to file application for this project. Mr. Howard also stated a letter was received from NYS DOT dated September 11, 2007 with comments regarding the entrances to the property.

Mr. Howard stated a situation has come before where the Board has a responsibility to make a situation safer. The entrances into the road fail the sight distance requirements. The Board is looking at the number of accidents that have occurred in that location over the years, and the recommendations provided by NYS DOT.

Discussion ensued amongst the Board members.

Mr. Federman suggested a locked gate that could be strictly be opened for emergency cases.

Mr. Howard stated if the Board decides to place restrictions on the approval of the subdivision, then it will be the applicant’s decision whether or not to proceed with the application.

The Board proceeded through Part 2 of the EAF.

Mr. Howard read aloud the Negative Declaration resolution.

Mr. Rivituso made a motion to accept this SEQR Negative Declaration for Maria Deleo SUB17-2007, seconded by Mr. Federman.

Roll Call Vote: Mr. Sheridan Aye

Mr. Sacco Not Present

Mr. Gustas Not Present

The Board discussed the conditions that will be placed in the approval of the proposed project.

Mr. Seridan made a motion to approve the resolution to for SUB17-2007 including the conditions: The gate must be erected, installed, and secured within forty-five (45) days of subdivision approval. If the gate is opened for non-emergency purposes, or found to be left open or unsecured, the Code Enforcement Officer shall notify the property owner in writing that the gate must be secured within fifteen (15) days. If the gate is not secured within fifteen (15) days, and/or if the Town determines there have been persistent/recurring violations of these conditions, the property owner shall permanently close off the easterly driveway to the satisfaction of the Town, seconded by Mr. Rivituso.

Roll Call Vote: Mr. Sheridan Aye

Mr. Sacco Not Present

Mr. Gustas Not Present

SEQR Determination SPR-3-2006 Kaaterskill Care and Associates,161 Jefferson Heights , Catskill.

Mr. Bianchino of Clough Harbour & Associates gave an update on the proposed project.

Mr. Bianchino stated in March 2007 SEQR notifications were sent out with the Planning Board’s intent to be Lead Agent, there were no negative responses received. In April 2007 Clough Harbour & Associates conducted a thorough review of the site plans as they existed at that time. There were several comments listed for the applicant to consider and identified areas in the part 2 of the EAF where the project may cause a significant impact. The applicant in August 2007 submitted responses to Clough Harbour & Associate’s comments and provided additional information to the areas which raised concerns. In September 2007 a follow up review was conducted and majority of the comments were addressed and the only outstanding item left to address was related to the storm water issue. Mr. Bianchino also stated after meeting with the applicant, the applicant proposes to install a significant underground convention system in the parking lot of their proposed site and then a secondary storm water basin at the bottom of the hill. This system will mitigate any additional run off from their proposed project but also reduce the amount of runoff that comes off the hill from the existing conditions. In addition there has been discussion with the Town’s Highway Department proposing to provide additional stabilization to some of the roadside ditches at the bottom of the hill.

Mr. Howard stated the Board is still proceeding through the SEQR process. There will be ample time for public comment on the proposed project and comments can be returned to the Town.

Mr. Howard and the Board reviewed the revisions to the site plan presented by the applicant to ensure all required items were noted.

The site plan was missing some of the required items off the checklist, which needs to be corrected on the plans for the next meeting. Mr. Howard stated the boundary lines needs to be shown on the plans and to show the location of the electric from the pole to the transformer.

Mr. Rivituso made a motion to accept SPR-3-2006 Kaaterskill Care and Associates as a complete application including the two outstanding items, seconded by Mr. Sheridan.

Ayes 5, Nays 0, Absent 2, Motion Carried.

Mr. Federman made a motion to declare lead agency on the project, seconded by Mr. Sheridan.

Ayes 5, Nays 0, Absent 2, Motion Carried.

The Board proceeded through Part 2 of the EAF.

Mr. Howard read aloud the Negative Declaration resolution.

Mr. Rivituso made a motion to accept this SEQR Negative Declaration for SPR-3-2006 Kaaterskill Care and Associates, seconded by Mr. Federman.

Roll Call Vote: Mr. Sheridan Aye

Mr. Sacco Not Present

Mr. Gustas Not Present

Mr. Federman made a motion to hold a public hearing on October 16, 2007 at 7:00PM, seconded by Mr. Sheridan.

Ayes 5, Nays 0, Absent 2, Motion Carried.

Mr. Howard stated the project needs to be sent to the Greene County Planning Board for comments. The Board cannot approve the application, until the comments are received back from the county planning board.

Subdivision SUB-19-2007 Michael Carlson, Five Mile Woods Road , Catskill.

Mr. Carlson is applying for a lot line adjustment.

9 copies of the EAF and plat map were submitted for each Board member.

The Board reviewed and discussed Section 140-17 in the subdivision regulations.

Mr. Howard stated according to Section 140-17 under lot improvements, this proposal meets the requirements.

Mr. Federman made a motion to declare the project an unlisted action, seconded by Mr. Rivituso.

Ayes 5, Nays 0, Absent 2, Motion Carried.

Mr. Federman made a motion to declare a negative declaration on the proposed project, seconded by Mr. Sheridan.

Ayes 5, Nays 0, Absent 2, Motion Carried.

Mr. Sheridan made a motion to approve the lot line adjustment for lot #3 only as proposed, seconded by Mr. Rivituso.

Ayes 5, Nays 0, Absent 2, Motion Carried.

Mr. Howard stated for the applicant to have the maps revised with the special endorsement printed on the map according to section 140-17 of the Town’s subdivision regulations.

Subdivision SUB-18-2007 Michael Carlson, 130 Five Mile Woods Road , Catskill.

Mr. Howard stated the submitted application for this project is on the same plot plan as the previous project. “Lot A” shown on the site plan is acreage that will be added from Mr.Carlson’s property to Mr. Sapunarich’s property, the property is not a buildable lot. The Board has received a letter from Mr. Sapunarich advising he accepts the additional acreage.

The Board reviewed and discussed the site plan.

Mr. Federman made a motion to declare the project an unlisted action, seconded by Mr. Howard.

Ayes 5, Nays 0, Absent 2, Motion Carried.

Mr. Federman made a motion to declare a negative declaration on the proposed project, seconded by Mr. Sheridan.

Ayes 5, Nays 0, Absent 2, Motion Carried.

Mr. Federman made a motion this lot improvement proposal complies with the exemption criteria, seconded by Mr. Sheridan.

Ayes 5, Nays 0, Absent 2, Motion Carried.

Mr. Howard stated for the applicant to also have the maps for this project revised with the special endorsement printed on the map according to section 140-17 of the Town’s subdivision regulations.

Subdivision SUB-20-2007 (Major 18 Lots) Robert Koechel, Bogart Road , Palenville.

Mr. Koechel stated he owns a piece of property on Bogart Road , he has provided a sketch plan for an 18 lot subdivision.There is an extent of wetlands on the property; there was a wetlands biologist present at the meeting.

Mr. Howard and the Board reviewed the sketch plan presented by Mr. Koechel to ensure all required items were noted.

Discussion ensued regarding roads.

Mr. Rivituso made a motion to accept this sketch plan review, seconded by Mr.Sheridan.

Ayes 5, Nays 0, Absent 2, Motion Carried.

Mr. Howard advised the applicant to set up an escrow account allowing our attorneys and engineers to start working with them throughout the process.

With no further business to discuss Mr. Federman made a motion to adjourn, seconded by Mr. Sheridan.

Ayes 5, Nays 0, Absent 2, Motion Carried.

Meeting Adjourned 9:45 PM.

Respectfully Submitted,

Secretary, Planning Board

Approved as Amended 10/16/07