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Planning Board Meeting Minutes 01/08/2008
Town of Catskill Planning Board
Monthly Meeting
January 08, 2008, 7:00 PM

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

Absent: Allen Uhler, and Larry Federman.

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

Minutes of the December 11, 2007 meeting were reviewed. Mr. Gustas made a motion to accept the minutes as amended, seconded by Rivituso.

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

Old Business:

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

Mr. Howard stated last month the Board received a letter from NYS OPRHP, Mr. Sterthous updated the Board.

Mr. Sterthous stated there have been many correspondences received pertaining to the little red school house and the historic register, the Board would like to take another look at the SEQR review in respect to any potential archeological and historical significance impacts. There were a number of public comments that were raised at the public hearing and additional comments submitted by the public after the close of the public hearing, the applicant appears to be addressing those comments. The Board recently received a letter from NYS OPRHP; this State agency was sent a copy of the EAF based on the identification of the little red school house as a registered historical site. NYS OPRHP sent a formal letter to the Board and the applicant with provided comments for the Board to consider, they recommend a Phase 1 archeology survey be completed, unless substantial ground disturbance can be documented. Mr. Sterthous also stated NYS OPRHP does not have jurisdiction over the project this is mainly a suggestion letter and it is at the discretion of the Board. The Board is not prepared to move for a significance determination under SEQR or site plan review at this time, until the letter is reviewed as well as the report from Clough Harbour.  
Subdivision SUB-20-2007 (Major 18 Lots) Robert Koechel, Bogart Road, Palenville.

The applicant prepared a waiver application letter to the Board in response to the comments received from Whiteman Osterman & Hanna LLP.

Melissa Toni is an Environmental Scientist and a representative working on the proposed project. The letter submitted by the applicant contains requests for waivers on items listed in Whiteman Osterman & Hanna LLP’s letter.

The applicant is requesting the following waivers on:

Local Law #1-2007, Section 140-21

Constructing the roads to the Chapter 138: Streets and Sidewalks, Attachment 1, Appendix A: Minimum Road Specifications.

Local Law#1-2007, Section 140-19B(7).

Local Law#1-2007, Section 140-20(B).

The Board reviewed and discussed with the applicant all 24 items to ensure all the comments were addressed.

Discussion ensued regarding 2 underdeveloped lots on the property.

Mr. Howard stated let the minutes show our Town Attorney has made a recommendation the Board request the two lots be considered part of the subdivision, and the applicant can provide documentation otherwise.

Mr. Howard stated for the applicant to consider the proposed project a Conservation Subdivision. Mr. Howard also stated the Board will being going to the property to conduct site visits.

Mr. Koechel stated changes will be made to the design and address the points that were raised during the meeting.

Mr. Howard stated the Board needs more information and a revised EAF, before proceeding through the SEQR process. The waiver letter will be further discussed after the Town Attorney has had time to review it.

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

Mr. Howard stated a question was raised at the last meeting to determine whether the vehicular travel way to the lot in the back is considered a driveway or a road.  Mr. Sterthous was sent a copy of the site plan and he researched it, and a response was provided to the Board. In his response, if the proposed driveway was only accessing one lot then it would be considered a driveway however, based on the law technically it is a road since it will provide access to the rest of the lot.

Mr. Tillman asked for Board recommendations.

Mr. Howard stated the applicant needs to decide whether to build the road according to Town specs, or come before the Board with a written description of revised plan showing how the applicant will make it a driveway only.

Mr. Tillman stated he will further discuss the issue with the applicant to find the most feasible way to address this.

New Business:

Site Plan Review SPR-2-2008 William Walsh, 36 N. Jefferson Ave, Catskill.

Mr. Walsh presented the site plan to the Board to convert a church to commercial retail stores.

Mr. Howard stated the project is also subject to a 239 Review by the Greene County Planning Board.

The Board reviewed the site plan, and there are many missing items that need to be shown on the plan. The applicant was given another site plan review checklist to revise the site plan with all the required items.
Mr. Howard stated for the applicant to revise the plan according to the checklist and come back before the Board with a complete submittal.

Other Business:

Subdivision SUB-9-2007 Joseph Martino, 1474 High Falls Road, Catskill.

Mr. Martino submitted his application for his proposed subdivision before the Board at the July 17, 2007 meeting. However the Board would not proceed with the application until the applicant resolved outstanding violations on the property with the Town of Catskill Code Enforcement Office.

Mr. Martino was present at the meeting and he wanted to know the reasons why his subdivision is not being granted based on the fact that the issues at hand are Code Enforcement issue and not Planning Board related.

Mr. Sterthous stated the Board is advised to accept the application for review however, the applicant should be advised the Board is within its power to deny the application based on past open code violations and/ or condition approval documented in a resolution. The proper course of action is in respect to the existing violations on that property not complying with the Town Zoning Law and Building Code.

Mr. Howard stated the Board may see fit not to grant the subdivision based on issues that the Town has on the same property regarding the outstanding violations. The Planning Board works along with the Code Enforcement office, the Board’s main concern is in the best interest of the town.

Mr. Howard asked Linda Speckman to provide the Board with a narrative explaining the situation on the outstanding violations at this time, for review by the next meeting and proceed from there. Mr. Howard stated based on the documentation by the Code Enforcement Officer, the Board may be inclined not to accept approve the subdivision at this time until the conditions are remedied. The Board will advise the applicant a decision in writing after the Board deliberates. Mr. Howard also stated to the applicant he is welcome to be present at the meeting during the Board’s deliberation.

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

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

Meeting Adjourned 8:36 PM.

Respectfully Submitted,

Jennifer Foxe
Planning Board Secretary

Approved as Amended 1/22/08.



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