Town of Catskill, NY - Planning Board Meeting Minutes 12/11/2007

Town of Catskill Planning Board

December 11, 2007, 7:00 PM

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

Special Meeting #1- Complete the Environmental Assessment Form part 2, and adopt the SEQR Determination Resolution.

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

The Board discussed the factors on the EAF form Part 2 for Emil & Merry Muzzi SUB-23-2007 with all answers being “No.”

Mr. Howard read aloud the SEQR Determination Resolution.

Mr. Sacco made a motion to accept this SEQR Negative Declaration for Emil & Merry Muzzi SUB-23-2007, seconded by Mr. Gustas.

Roll Call Vote: Mr. Federman- Aye

Mr. Rivituso- Not Present

With no further business to discuss Mr. Gustas made a motion to close Special Meeting #1, seconded by Mr. Sacco.

Ayes 6, Nays 0, Absent 1, Motion Carried.

Public Hearing SUB-23-2007:

Chairman Dan Howard opened the Public Hearing for Subdivision SUB-23-2007 Emil & Merry Muzzi, 341 Malden Ave, Palenville. The Notice of Public Hearing was published in the Daily Mail on December 5, 2007 and December 6, 2007.

NOTICE OF PUBLIC HEARING

PLEASE TAKE NOTICE, the Town of Catskill Planning Board will hold a public hearing in accordance with Town Law § 276 and the Town of Catskill Subdivision Regulations on December 11, 2007 at 7:00PM at Town Hall, 439-441 Main Street in the Town of Catskill, to consider a minor 2 lot subdivision of land located at 341 Malden Ave proposed by Emil & Merry Muzzi. Written and oral comments will be accepted until the close of the public hearing.

Mr. Howard asked if anyone would like to comment on this proposed subdivision.

No questions or comments were made.

Mr. Federman made a motion to close the Public Hearing SUB-23-2007, seconded by Mr. Gustas.

Ayes 6, Nays 0, Absent 1, Motion Carried.

The Public Hearing was closed at 7:06 PM.

Mr. Rivituso is present at 7:08 PM.

Minutes of the November 27, 2007 meeting were reviewed. Mr. Sacco made a motion to accept the minutes as amended, seconded by Mr. Gustas.

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

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

Mr. Howard stated the business regarding SPR-3-2006 Kaaterskill Care and Associates will be limited only to the Town’s consultants providing the Board with an update on the project at this time.

Mr. Bianchino stated after the Board closed the public hearing there were additional comments received from the public, which those comments were shared with the applicant. There was a follow up with a field visit to view the drainage. The applicant submitted a letter on December 11, 2007 in response to some of the written comments that were received. At this point in time the applicant has addressed the majority of the drainage comments, and issues that were raised.

Mr. Howard stated the project has a grant from the Federal Government and the applicant has concerns they may not meet there timeframe to receive the funds and they are attending to. The Town might work with the Congresswomen to help out with the timeframe issue however; the Board will follow the proper procedures and not shortcut on any issues to help with the applicants grant timeline.

There was no further discussion on this proposed project.

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

Mr. Drao presented the revised site plan to the Board.

Mr. Bianchino asked if the applicant plans on the road being maintained by the Town or if the road will be private.

Mr. Drao stated the applicant intends to make the road private.

Mr. Howard stated the Town subdivision law states all roads must be constructed to the Town of Catskill’s specifications which require the roadway to be paved.

Mr. Howard stated the Board approved the initial sketch plan at the June 19, 2007 meeting. The next step is the preliminary plat approval; the Board will proceed through the appropriate subdivision checklist.

The Board reviewed the updated site plan. There are missing items that need to be shown on the plans before the next meeting, the plan needs to show: The name and address of landowner, approximate locations of existing ponds, Names of owners of abutting properties, and lines showing where these abutting properties intersect, existing contours at intervals of at least every 20 feet, Proposed layout of Streets, alleys and other public right-of-way, including widths and proposed names, the proposed layout, numbering and approximate dimensions and acreage of legal lots, identify setback lines, proposed covenants and restrictions, evidence of water supply, letters from each utility servicing the area indicating that the utility company is aware of and will provide service to the proposed Subdivision, an erosion and sedimentation control plan, a stormwater management plan prepared in accord with the requirements hereof and DEC guidelines and standards, soils evaluation by the test pit method and/or other required supplemental data relating to sewage disposal, documentation of any State and/or federal wetlands located on or adjacent to the property, and all applicable zoning data.

Mr. Howard stated the applicant needs to submit an additional $7500 into the escrow account to cover the costs for the attorney and engineer while the project is under going the review.

A site visit by the Board was scheduled for December 15, 2007.

Subdivision SUB-28-2007 Eugene Galusha, 325 Hamburg Road, Catskill.

Mr. Howard stated Mr. Galusha approached the Board last month to apply for a lot line adjustment to his property. However, the lot did not meet the minimum setback requirement. Mr. Howard also stated unbeknownst to the Board this issue was raised at the Zoning Board of Appeals for clarification and in their March 14, 2007 meeting it was discussed and a motion was passed authorizing their interpretation of the Town code that pre-existing lots can be subject to lot line adjustment even if the lots are substandard size. Mr. Galusha is back before the Board for this lot line adjustment.

The Board used the lot line adjustment checklist to review and discuss the site plan.

There was no further discussion on the proposed project.

Mr. Gustas made a motion to approve the lot line adjustment for Subdivision SUB-28-2007 Eugene Galusha, seconded by Mr. Rivituso.

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

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

Mr. Bianchino stated at the last meeting there were comments received from involved agencies regarding potential impacts, which needed to be addressed by the applicant.

Mr. Lane stated he contacted the Army Corp of Engineers and provided information to the agency, and is waiting to receive a response. Mr. Lane also stated he contacted other agencies and is waiting to receive responses.

Mr. Howard stated the applicant needs to submit an additional $4200 into the escrow account to cover the costs for the attorney and engineer while the project is under going the review.

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

Mr. Howard stated at the last meeting the site plan needed to show 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 lot 3 has right of way access across lot 1 and lot 2.

Discussion ensued amongst the Board and the applicant.

Mr. Howard stated there is an existing road, and the applicant is proposing a driveway to access one lot, the existing driveway connects to Route 32. The Board will seek clarification from the Town attorney to review the plan and advise the Board with the context from the Town of Catskill Subdivision Law, to determine whether the vehicular travel way to the lot in the back considered a driveway or a road.

The plans will be sent to the Town Attorney for clarification, and the Board needs a complete submittal by the applicant.

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

Mr. Howard read aloud the Resolution of Subdivision Approval.

Mr. Gustas made a motion to approve the resolution for SUB-23-2007, seconded by Mr. Federman.

Roll Call Vote: Mr. Federman- Aye

Subdivision SUB-25-2007 Mohammad Anisuzzaman, Mountain Turnpike, Catskill.

Applicant not present at the meeting.

Subdivision SUB-29-2007 Anthony Tuzzolo, 275 Route 32, Catskill.

Scott Lane is the engineer representing the proposed project.

Mr. Lane stated the property is mainly wooded and there are wetlands present. The first 500 feet of the property is zoned Highway Commercial and the remainder of the property is zoned Rural Residential Agricultural. The applicant proposes in the future to make part of the property a commercial lot, but does not intend to build at this time. Applicant also proposes a private road and coldasac.

The Board reviewed and discussed the site plan.

Mr. Howard stated NYS DOT needs to be notified of the project, and the Board needs to see on the plans the ~~coldsac~~ cul-de-sac moved off the contour, a letter identifying the wetlands on the property, and numbering the lots 1-4.

Special Use Permit SUP-5-2007 Mark Amodio, Highland Avenue, Catskill.

Scott Lane is the engineer representing the proposed project.

Mr. Lane stated the applicant proposes to receive an approval to construct 2 two-story structures containing 8 two-bedroom apartment units. There will be a separate tank and well for each unit. The proposed project is intended to be constructed in phases.

Mr. Howard stated the proposed project will need to go through SEQR review. Mr. Howard also suggested Mr. Lane ~~contact the Village and work with them to~~ see if there is enough water to support the number of proposed units.

Subdivision SUB-30-2007 (Lot Line Adjustment) Elizabeth Ellett/ Michael Wase,

5290 Route 32, Catskill.

Ms. Ellett is proposing to move her lot line to give her nephew Mr. Wase additional land, which surrounds his present property. The property is mostly woods, the purpose of the additional land is to allow her nephew and his family more privacy there is no future construction intended.

Mr. Howard stated pending approval from the Board, a survey map of the property will need to be provided for the next meeting, the revised EAF with Ms. Ellett as the applicant, and a letter stating that Mr. Wase is in acceptance of the additional land from Ms. Ellett.

Open discussion ensued amongst the Board.

Mr. Sacco made a motion to recommend to the Town Board that Mr. Howard be re-appointed Chairman for the year 2008, seconded by Mr. Federman.

Ayes 6, Nays 0, Absent 0, Abstained 1 (Mr. Howard), Motion Carried.

Mr. Howard made a motion to recommend to the Town Board that Mr. Gustas be re-appointed Vice Chairman for the year 2008, seconded by Mr. Federman.

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

Mr. Gustas made a motion to hold the Planning Board Monthly Meetings the 2^nd and 4^th Tuesday of each month at 7:00PM effective for the year 2008, seconded by Mr. Sacco.

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

Annual Vouchers were signed by the Planning Board members.

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

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

Meeting Adjourned 9:05 PM.

Respectfully Submitted,

Planning Board Secretary

Approved as Amended 1/8/08