Town of Catskill, NY - Planning Board Meeting Minutes 01/22/2008

Town of Catskill Planning Board

January 22, 2008, 7:00 PM

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

Absent: 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 January 8, 2008 meeting were reviewed. Mr. Gustas made a motion to accept the minutes as amended, seconded by Rivituso.

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

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

The applicant submitted a revised plan to the Board.

The applicant stated the access road will be reduced to 20 feet, and the proposed road will be a one way exit only. The applicant chose to extend the barrier to prevent a vehicle from driving over the hill.

Mr. Sterthous stated there were many public comments raised at the public hearing and additional comments that were submitted by the public after the close of the public hearing, the comments were submitted to the applicant to be addressed. The Board and the consultants have reviewed the comments and responses by the applicant. Mr. Sterthous also stated the SEQR process is still open, if the revised plans have addressed all the issues and concerns the Board can proceed. The first step of the process is to complete the SEQR process stage 1 by making a determination of significance on whether the project will or will not have potential or adverse impacts on the environment. Upon issuing a positive declaration the Board can move forward with the preparation of an EIS with the determination of a negative declaration to complete the SEQR process. The Board can proceed with the site plan review and review all the submissions in regard to the design of the project, to consider a need for conditions to be added to the approval that the Board might grant.

Mr. Howard made the recommendation to proceed through the negative declaration and discuss possible conditions that would be added to the approval, to be addressed at the next meeting.

Mr. Howard read aloud the SEQRA Negative Declaration that was prepared by Mr. Sterthous.

Mr. Rivituso made a motion to accept this SEQR Negative Declaration for the proposed Kaaterskill Manor Senior Housing Facility SPR-3-2006, seconded by Mr. Gustas.

Roll Call Vote: Mr. Federman- Aye

Mr. Sacco- Not Present

Mr. Howard asked the Town’s consultants for their recommendations on potential conditions for approval.

Mr. Sterthous stated the Board should consider the issues and concerns with the design of the project to ensure the design meet the plans. Other potential conditions to be considered are in regards to the storm water plan, mainly for security purposes the facility was constructed and functions according to plan. Also the Board needs to be provided with approvals from other involved agencies, and provided copies of updates on approvals that have been obtained throughout the project.

Mr. Howard stated to the applicant the Board is requesting an appropriate amount of escrow be submitted for our Engineering firm to conduct site visits during the storm water project. The Board’s priority is in the best interest of the town, this will provide assurance and comfort if any questions or concerns arise. Mr. Howard also stated the Board requests an appropriate management protection and traffic plan during and after the construction phase.

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

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 still waiting to receive a response.

Mr. Sterthous recommended the applicant to get a determination from a wetlands specialist to review the wetlands on the property.

Mr. Howard stated the Town consultants will review the plans and provide their recommendations to the Board at the next meeting.

Mr. Lane stated he will provide the Board with test hole data and a plan defining the contours of the property.

Mr. Howard stated there are outstanding items that need to be provided for the next meeting. A table needs to be provided documenting the stopping and turning site distances, test hole data, and a small portion of Lot 3 needs to be further examined for a determination of plant species and animal habitat.

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

Mr. Walsh was not present at the meeting.

Mr. Howard stated to the applicant provided a revised submittal. Mr. Howard also stated after reviewing the site plan he has some additional questions and comments regarding the proposed project.

The Board reviewed the site plan.

Mr. Howard stated the project is located on a County road and is subject to a 239 Review by the Greene County Planning Board, and an EAF is required.

Mr. Howard stated the Board has additional questions that require more information from the applicant to conduct the site plan review and prepare a complete submittal to be sent to the County for their review.

Mr. Howard stated for the applicant to revise the plan according to the checklist and come back before the Board with a complete submittal.

Subdivision SUB-27-2007 Floyd & Linda Mower (Minor), 136 Stony Brook Road, Palenville.

Mr. Howard stated the Board is considering this project a minor subdivision and will require a short form EAF, the proposed will also be subject to SEQRA in regard to the wetlands on the property.

Scott Lane is now representing the project for Mr. Mower.

Mr. Howard stated the applicant needs to provide a notarized letter identifying the wetlands on the property. The plans need to show the access routes to the property and identify the trails that are on the property. The Board also needs a letter on file from the other party involved advising he/she accepts the additional acreage being given

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

Mr. Howard stated at the last meeting it was discussed that the Board was 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 asked Linda Speckman to brief the Board with a narrative explaining the situation on the outstanding violations to date, and what needs to be done to bring the open violations into compliance.

Mr. Gustas made a motion to deny Subdivision SUB-9-2007 based on the numerous outstanding code violations, seconded by Mr. Federman.

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

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

The Board briefly wanted to discuss the requested waivers letter submitted by the applicant, to provide comments to them.

Mr. Sterthous stated in the Town’s subdivision law parties can request waivers, but it recommends the waivers that are requested not be made until there is a preliminary plat, at this time there is no preliminary plat. The Board has an initial sketch plan with significant comments and fundamental issues that were raised during the review.

Mr. Howard stated before considering the waivers, site visits by the Board will be conducted in the spring. Mr. Howard also stated for Mr. Sterthous to contact the applicant and advise them with comments.

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

Scott Lane provided the Board with a revised plan.

After reviewing the plan Mr. Howard requested the applicant note on the plans in regards to Lot 4 it be intended for future commercial use, and also the name and address of surrounding property owners.

Mr. Howard stated the proposed project is located on a NYS highway and will be subject to NYS DOT for review and comments. Mr. Howard also stated for Mr. Lane to find out from the applicant how the wetlands on lot 3 will be attended to. The Board needs a copy of the road maintenance agreement, an approval from NYS DOT for a driveway permit, and documentation of sight distances.

Special Use Permit SUP-01-2008 Patrick O’Brien, 1147 Main Street, Leeds.

The proposed project is a conversion of occupancy from a hotel into a multi family dwelling.

Mr. Howard stated since the project is a commercial use a short form EAF will need to be submitted and the project will be subject to a 239 Review by the Greene County Planning Board.

The Board reviewed the plans submitted.

Mr. Howard recommended the applicant contact a surveyor to provide the Board with an updated survey map of the property showing the total number of units and the items required from the site plan review checklist. Mr. Howard also stated for the applicant to contact the Department of Health to see what they require. Once a survey map is provided, the Board can proceed.

Subdivision SUB-02-2008 (Minor) Enrico Ribet , 1030 Route 23A, Catskill.

Mr. Ribet stated the Assessor’s office prior to the Town of Catskill’s subdivision law that was passed in February 2007, combined the 3 lots for tax purposes. Two of the parcels are already split and filed with the County. Mr. Ribet currently wants to sell the property.

Mr. Howard stated according to the County prior to recent filing of the deeds, the tax map showed this as one parcel. The County is showing there 2 parcels, and the applicant wants the map to show 3 parcels.

The Board needs the applicant to provide a current stamped survey map in accordance with the subdivision requirements, and answer questions 6 and 7on the EAF. Since the project is along a state highway, NYS DOT will be contacted for input per their previous written request (on file).

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

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

Meeting Adjourned 9:35 PM.

Respectfully Submitted,

Planning Board Secretary

Approved as Amended 2/27/08.