Town of Catskill, NY - Planning Board Meeting Minutes 10/16/2007

Town of Catskill Planning Board

October 16, 2007, 7:00 PM

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

Absent: All Present.

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

Public Hearing SPR-03-2006:

Mr. Hoawrd opened the Public Hearing for SPR-03-2006 Kaaterskill Care/Columbia Memorial Hospital, 161 Jefferson Heights, Catskill. Jennifer Foxe read the Notice of Public Hearing published in the Daily Mail on October 12, 2007 and October 15, 2007.

NOTICE OF PUBLIC HEARING

The Town of Catskill Planning Board will hold a Public Hearing pursuant to Article 160-19 of the Town of Catskill Zoning Laws to allow the construction of a multi-family dwelling on lands owned by Columbia Memorial Hospital located at 161 Jefferson Heights, Catskill, New York. Application Site Plan Review # 3-2006, Tax Map # 155.12-5-23.

The Public Hearing will be held on the 16th day of October, 2007 at 7:00 p.m., at the Town Hall located at 439-441 Main Street, Catskill, New York to allow public comment on the application.

The above application is open for inspection at the Office of the Planning Board located at 439 Main Street, Catskill, New York between the hours of 8:00 a.m. & 4:00 p.m.

By order of Daniel Howard, P.E., Chairman

Planning Board - Town of Catskill

The green cards from the certified mailing were submitted to the Board.

Mr. Howard asked the public if anyone wanted to comment on the proposed project.

Audrie Birnbaum stated she lives at 55 South Jefferson Ave, adjacent to the proposed site. She expressed her concerns on a possible second entrance and exit onto Sunrise Avenue which throughout the years has been a quiet street. She fears the proposed right of way will cause more traffic and safety issues involving children.

Kristin Pratt stated she is an attorney for Young Sommer LLC, she is representing the Blenner’s property at 29 Snake Road. She stated the Blenner’s are pleased with the latest onsite storm water plan, and it appears that it will be beneficial to the Blenner’s erosion issue on the east side of their property. The remaining issue is the ravine on the east side of the Greene Healthcare’s property is steep and encroaching onto the Blenner’s property. She also stated she has been in contact with Alex Betke, to possibly get mitigation with stones, soil fill, and plants. This issue will also involve Greene Healthcare and the Highway Superintendant.

Mr. Howard asked Kristin Pratt if she is looking for remediation of a third party’s property as part of this project, being the ravine is not on the applicant’s property.

Kristin Pratt answered “possibly.”

Kristin Pratt submitted a copy of her client’s engineering letter.

Peter Kraljevich stated he is the facilities manager representing Greene Healthcare Associates. He expressed concern for the parking situation for employees, residents, and visitors during and after the construction process if the project is approved.

Mr. Howard asked Mr. Kraljevich if his concern is the employees, residents, and visitors possibly parking in his facility.

Mr. Kraljevich stated yes that is his concern. He also expressed concerns regarding the storm water runoff onto their property.

Mr. Howard asked Mr. Gailor to address Mr. Kraljevich’s question regarding the storm water run off.

Ernest Gailor is the Engineer for Kaaterskill Care & Associates, Mr. Gailor explained he is taking the existing water that is coming out of the Greene Healthcare facility and putting it through their storm water retention system and discharging the overflow over the embankment down to another retention area.

Mr. Howard stated the storm water issue has been attended to, to the satisfaction of our Town Engineers and the Blenner’s Engineers after they had reviewed the plans.

Audrie Birnbaum stated she would like to know how the run off will effect her property at 55 South Jefferson Avenue.

Mr. Howard asked her to show Mr. Gailor on the map where she is located in reference to the proposed site. After reviewing the plans there will be no run off towards her property.

Mr. Howard asked if there were any public comments on this proposed project.

No additional comments were made.

Mr. Sacco made a motion to close the Public Hearing for SPR-03-2006, seconded by Mr. Gustas.

7 Ayes, 0 Nays, 0 Absent, Motion Carried.

Public Hearing closed at 7:15 PM.

Minutes of the September 20, 2007 meeting were reviewed. Mr. Federman made a motion to accept the minutes as amended, seconded by Mr. Rivituso.

Ayes 7, Nays 0, Absent 0, Motion Carried.

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

Mr. Howard stated the Board received a number of correspondences within the last month specifically, the little red school house and the historic register. Mr. Howard also stated he met with our town attorney and engineer; and agreed since additional information has been presented it will likely change the classification of this proposed project. Mr. Howard recommended to the Board to have the applicant amend their EAF and re-circulate for comment, then the Board can amend the negative declaration.

Mr. Howard stated at the last meeting there were missing items from the last version of the plans that needed to be corrected, regarding the boundary lines and to show the location of the electric from the pole to the transformer. The items are now shown on the plans.

Mr. Howard asked the applicant if they are prepared to address the comments that were received from the public.

Ernest Gailor stated while working through the review process it was brought to his attention by the Board to have an additional entrance and exit to the project site onto Sunrise Avenue. Sunrise Avenue is an undeveloped street, and the developer would have to build the street to meet the town’s specifications which the project sponsor has agreed to do to allow another means of ingress and egress to the site.

Mr. Howard stated based on the comments received, there is potential for pedestrian/vehicular conflict movements possibly in that location. The Board needs to deliberate to determine the appropriate route that needs to be taken. Mr. Howard also stated if the Board determines not to have that second entrance, then the applicant can revise the plans accordingly.

Mr. Howard stated there was a public comment made regarding the parking during and after the construction process, the Board asked the applicant how they plan on addressing this issue.

Ernest Gailor stated typically on a construction site such as this proposed project, requires the storm water system to be installed first. Before the existing parking lot is torn up, the location of the proposed parking lot will have the storm water system installed, a base pavement put down and then his parking will move from the existing parking lot to the new parking lot while the building is being built.

Mr. Howard asked the applicant for the number of spaces that are exisitng.

Ernest Gailor answered “66.”

Mr. Howard asked how many of the 66 spaces will be available during construction.

Ernest Gailor stated all of the 66 spaces will be available.

Mr. Howard and the applicant reviewed the parking location on the site plan. Mr. Howard stated as the Board proceeds through the process, if approved most likely there will be a stipulation stating the construction will be phased such that there will be no loss of parking spaces during the construction. Adequate on site parking would be maintained.

There was no further discussion on this proposed project.

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

Mr. Howard updated the Board that on October 1^st Clough Harbour & Associates circulated the notice of intent to be lead agency, and the Board has to wait until after November 1^st for our next course of action.

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 the applicant needs to submit additional money into the escrow account to cover the costs for the attorney and engineer while the project is under going review.

Mr. Howard expressed concerns on the parking situation, and proposed 3 entries. The Board needs to look at appropriate parking and decide whether the parking can support the proposed development. The town does not have parking requirements, but there are some standard engineering calculations for parking that have parking standards. Mr. Howard also stated his concerns regarding the swinging bridge existing on the property.

Scott Lane is the engineer representing the proposed project, he stated in the past there have been many lawsuits in Pine Grove pertaining to the swimming hole. There are no trespassing signs all along the property to get to the bridge, therefore the owner is not stopping people to cross the bridge but if anyone gets hurt unless they have some sort of protection.

Mr. Howard stated one of the concerns is that the bridge is an important historic structure, and there would be public access to at least see the bridge not necessarily use it. The project is still in the conceptual stage, the Board would like to know the applicant’s feelings regarding the bridge and possible public access to it, to ensure any issues that come up are addressed.

Mr. Howard asked Scott Lane if the applicant is against people coming up to that end of the bridge to look at it.

Scott Lane answered “not at all.”

Mr. Howard stated he would like the easement identified on the plans, and clarify the lot lines. Mr. Howard also stated the project has awhile yet to go, there have been a lot of issues regarding this bridge that may take some time to address. The Board is not looking to reopen the bridge, the Board is aware there are property owners on the other side of the bridge that have concerns and do not want people crossing it. The Board wants to be assured the bridge is still there and the applicant will allow people to go up and look at it, not necessarily reopen the bridge through this action.

Scott Lane stated the applicant is open to anything the Board suggests, as long as the applicant will not have a liability on his hands.

Mr. Howard stated for the swinging bridge to be noted on the EAF and check the national historic register since the bridge is a point of historical interest.

Subdivision SUB-7-2007 Lucille Bertone, Vosenkill Road, Catskill.

Mr. Howard stated the Board has not circulated lead agency notices at this time. The Board’s next step is to authorize Clough Harbour & Associates to circulate the lead agency notices.

Mr. Gustas made a motion to authorize Clough Harbour & Associates to circulate a notice that the Town of Catskill Planning Board wishes to be the lead agent on this project, seconded by Mr. Sacco

Ayes 7, Nays 0, Absent 0, Motion Carried.

Subdivision SUB-14-2007 Charles Quinn, Pennsylvania Ave, Palenville.

Mr. Howard stated at last month’s meeting there were some missing items on the site plan that needed to be revised.

The Board and the applicant reviewed the changes to the plan. The specific address of the property still needs to be noted on the plan; the addresses of the abutting property owners need to be identified on the site plan, the grading/ drainage plan, and the contours of the property need to be shown.

Discussion ensued amongst the Board regarding accumulative effect.

Mr. Howard stated this project triggers as a major subdivision since the applicant is splitting off 4 lots and there are 2 lots existing totaling 6 lots. The next steps are to go through the SEQR process, sketch plan approval, there are items that the Board needs to determine lead agency, and the project is an unlisted action.

Mr. Howard recommended the Board go through the checklist for a major subdivision. The applicant needs to have the missing items added on the plan and provide a topographic map. If all the required information is submitted by next month, the Board can set a date for the public hearing.

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

Ayes 7, Nays 0, Absent 0, Motion Carried.

Special Use Permit SUP-04-2007 (Multi Family Dwelling) Curt Grob, 555 Cauterskill Ave. Catskill.

Special Use Permit SUP-05-2007 (Clubhouse) Curt Grob, 555 Cauterskill Ave. Catskill.

Brett Steenburgh is the engineer representing Curt Grob on Cloverdale Estates, the applicant is proposing to build a series of upscale town houses and a club house on 94 acres located on Cauterskill Avenue in Catskill. Brett Steenburgh stated the special use request is for a multi family dwelling located in the Rural Residential Agricultural zoned district. The proposed project will be constructed in two phases, the first phase is the proposed construction of 104 town homes located in 8 unit buildings and a club house, the second phase is the proposed construction of 120 units. There is adequate parking identified allowing two spaces per unit. Currently the applicant is involved in negotiating with the Village of Catskill to access public water and public sewer.

Mr. Howard stated as part of the Board’s approval you have to provide documentation having adequate water and sewer for the project. Mr. Howard also stated, according to the site plan initially there a lot of contours there, the wetlands areas will need to be identified.

Curt Grob stated he has requested water and sewer from the Village, and is waiting to hear back from them as to there intentions on this issue.

Mr. Howard stated this project likely will be subject to the SEQR process, an EAF has not been submitted at this time. Mr. Howard stated for the applicant to set up an escrow account and submit an EAF. The Board will want to look at traffic count numbers, NYS DOT will be involved since the traffic will increase and hit the State highway system.

Brett Steenburgh presented the floor plans before the Board for review.

Discussion ensued amongst the Board.

Mr. Howard stated the proposed project needs to go through the SEQR review, the Board needs to see sewer and water plan, Mr. Howard asked the applicant to get a commitment in writing from the Village agreeing access to their water and sewer.

Subdivision SUB-21-2007 B&B Management Services, LLC 5207 Route 32, Catskill.

Paul Tillman is the engineer representing B&B Management, he is applying for a minor 3 lot subdivision.

The plans and EAF was submitted before the Board.

Mr. Howard stated the proposed project is intended for residential use however, it also involves a commercial enterprise. Mr. Howard recommended the Board conduct a commercial site plan review, the project is also located along a State highway and will need to be reviewed by NYS DOT.

The Board and the applicant proceeded through the commercial site plan review.

Mr. Howard stated for the applicant to show on the plans the following missing items before the next meeting: a grading and drainage plan showing existing and proposed contours, a description of the method of sewage disposal and location, design and construction materials of such facilities, design and use of nonstructural and structural means to avoid storm water runoff and non-point source water pollution, the location and proposed use and height of proposed buildings, location of outdoor storage, note in the file the project will be intended for residential use, and show on the plans lot 3 has right of way access across lot 1 and lot 2.

Mr. Sacco made a motion to approve the sketch plan, seconded by Mr. Rivituso.

Ayes 7, Nays 0, Absent 0, Motion Carried.

Subdivision SUB-22-2007 Trailers, LLC Rt. 32, Catskill.

Paul Tillman is the engineer representing Trailers LLC, he is applying for a minor 2 lot subdivision. The applicant’s intention is to separate the house from the commercial lot.

Mr. Howard stated at this time there is no construction taking place, therefore a commercial site plan review is not necessary.

The plans and EAF was submitted before the Board.

Mr. Gustas made a motion to approve the sketch plan, seconded by Mr. Rivituso.

Ayes 7, Nays 0, Absent 0, Motion Carried.

Mr. Sacco made a motion to declare the project an unlisted action and declare lead agency on the project, seconded by Mr. Sherridan.

Ayes 7, Nays 0, Absent 0, Motion Carried.

Mr. Federman made a motion to hold a special meeting and public hearing on October 30, 2007 at 7:00PM, seconded by Mr. Sacco.

Ayes 7, Nays 0, Absent 0, Motion Carried.

Subdivision SUB-23-2007 Emil & Merry Muzzi, 341 Malden Ave. Palenville.

Scott Lane is the engineer representing the proposed project. The applicant is applying for a minor 2 lot subdivision, intended strictly for family use.

The Board and the applicant reviewed over the site plan for potential impacts.

Discussion ensued amongst the Board.

Mr. Howard requested the site plan be re-configured for the next meeting.

Laurel Farrell is a real estate broker for property along Route 23B approximately the property is about 63 acres. She has had many interested parties inquiring about the property; Ms. Farrell is asking the Board what the permitted uses are in that zone.

Open discussion ensued amongst the Board.

Mr. Howard suggested for Ms. Farrell to contact the Code Enforcement office for interpreting the uses for that zone, it is possible the use may require a Special Use Permit.

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

Ayes 7, Nays 0, Absent 0, Motion Carried.

Meeting Adjourned 9:38 PM.

Respectfully Submitted,

Secretary, Planning Board

Approved as Written 11/27/07