Town of Catskill, NY - Planning Board Meeting Minutes 02/27/2008

Town of Catskill Planning Board

February 27, 2008, 7:00 PM

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

Absent: Vice Chairman Peter Gustas, Jack Rivituso, Secretary Jennifer Foxe.

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

Minutes of the January 22, 2008 meeting were reviewed. Mr. Sheridan made a motion to accept the minutes as amended, seconded by Sacco.

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

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

Mr. Sterthous stated the Planning Board completed the SEQR review at the last meeting for the senior housing facility. At that meeting the Board issued a negative declaration for the proposed project and discussed possible conditions that would be added to the approval.

Mr. Howard asked Mr. Sterthous to lead through the conditions prepared by the Board with the assistance of the Town’s engineers Whiteman Osterman & Hanna, and Clough Harbour Associates.

Mr. Sterthous read aloud the conditions.

1. Access from the site to Sunrise Avenue shall be a dedicated exit-only access and shall be appropriately signed. Signage to be approved by Planning Board Chair and Highway Superintendent prior to the issuance of a Building Permit,

2. Traffic barrier shall be constructed at end of Sunrise Avenue. Materials and plan to be approved by Planning Board Chair and Highway Superintendent prior to the issuance of a Building Permit

3. Parking: a minimum of 84 parking spaces shall be provided and appropriately striped and maintained to distinguish Project parking from existing uses-

4. Confirmation of adequate water supply and sewer capacity, and authorization for connections shall be provided prior to the issuance of a Building Permit.

5. Final landscape plan, including dumpster screening plan and maintenance plan shall be provided prior to the issuance of a Building Permit.

6. Prior to the issuance of a Building Permit, the applicant shall provide the Town with a performance assurance or completion guarantee to guarantee the proper construction, completion within a reasonable time and operation of the on and off-site stormwater collection and treatment infrastructure identified on the final Site Plan, in the form of an irrevocable letter of credit ("ILOC") for the full cost of the improvements, to be approved by the Town Board or Town Attorney as to form, sufficiency and manner of execution. The guarantee shall be for an initial two-year term, with an additional one or more year extension to be granted by the Town Board as necessary. The guarantee shall not be released until after 180 days from completion of construction to ensure proper operation and a written release from the Town, Prior to releasing or reducing the ILOC, the applicant shall submit a written request, accompanied by three (3) copies of signed and sealed "as built" drawings, to the secretary for the Planning Board- The Planning Board secretary shall forward the request to the Town Board with a copy to the Town Engineer and Attorney each of whom shall provide a written recommendation to the Town Board concerning the request.

7. Copies of any and all other local, state and/or federal permits required for construction of the project shall be submitted prior to the issuance of a Building Permit.

8. A certificate signed by NYS Professional Engineer certifying that all improvements have been installed and approved by proper officials and in accordance with the approved plans, together with a copy of the "as built" drawings, shall be filed with the Town prior to issuance of a Certificate of Occupancy

9. Final construction schedule shall be filed with the Town prior to the issuance of a Building Permit.

10. Prior to issuance of a Building Permit, Applicant shall submit a full written response to the New York Department of Environmental Conservation ("NYSDEC") letter dated January 31, 2008 regarding the Stormwater Pollution Prevention Plan ("SWPPP") and provide adequate assurance of NYSDEC acceptance of the written response, prior to the issuance of the Building Permit, a copy of which is attached and incorporated herein.

11. Before signing of the final Site Plan by the Chair, applicant shall post with the Town a check to be placed in escrow to cover all outstanding and anticipated future Project review fees, in an amount to be determined by the Planning Board.

12. Prior to issuance of a Building Permit, Applicant shall file with the Town a copy of the operation and maintenance ("O&M") manual prepared as part of the SWPPP and SPDES General Permit for Stormwater Discharge that shall identify a maintenance schedule 10 ensure continuous and effective O&M and identifies the entity or individual responsible for conducting the necessary O&M over the life of the Stormwater infrastructure. Implementation of the O&M plan contemplated herein shall become an enforceable condition of the final Site Plan by the Town, through its Zoning Enforcement Officer, who shall have the authority to enter the premises to inspect and cause proper O&M to be performed, the Town's costs for which are to be charged against the property owner.

13. Applicant shall record a copy of this conditional Site Plan approval resolution with the property deed in the Greene County Clerk's Office and the approval and conditions herein shall be enforceable in perpetuity against all future owners and operators of the Property.

14. All on-going maintenance requirements set forth in the list of conditions herein shall be enforceable by the Zoning Enforcement Officer pursuant to the Town's Zoning Code.

Mr. Howard stated he did not want the public having any false expectations regarding the storm water issue. The storm water management plan will not make all the water go away however, it is doing a better job on eliminating the storm water that is existing. The storm water from this project will not make it worse than what is there today. Mr. Howard also stated a letter was sent to the applicant on February 26, 2008 in regards to an additional amount of escrow to cover the Town’s engineers.

Mr. Sacco made a motion to adopt the resolution for SPR-3-2006 Kaaterskill Care and Associates, seconded by Mr. Federman.

Roll Call Vote: Mr. Federman- Aye

Mr.Gustas- Not Present

Mr. Rivituso- Not Present

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

Mr. Howard stated at the last meeting there were outstanding items off the checklist that were required to be shown on the plans, the applicant has submitted a revised plan.

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.

Mr. Howard stated for the applicant to provide a map that has all the details plotted identifying the spot lights in the parking area and where the power is coming in from, and to show the angles of the property. Mr. Howard also stated for the applicant to submit a proposed design for signage and the size of the window that it will be placed in.

Mr. Walsh stated there are four proposed retail stores: Flooring showroom, antique shop, dolls & plates shop, and a sports training area for kids.

Mr. Howard stated the proposed project is basically considered 100% retail related. The applicant needs to submit revised plans with the required missing items from the checklist. Once the Board has a complete submittal, it can be sent to the County for their review.

Subdivision SUB-30-2007 (Lot Line Adjustment) Elizabeth Ellett/ Michael Wase, 5290 Route 32, Catskill.

Mr. Howard stated since the last meeting the applicant has submitted a revised EAF. There are no wetlands on this parcel, the parcel is 1.645 acres and the proposed project is to add 4.7 acres.

Mr. Wase stated he was adding to his property from the 1.645 parcel from Elizabeth Ellett.

Mr. Howard stated the lots are legal sized lots and the purpose of the application for a lot line adjustment is to add to the availability of open space, the proposed project meets the criteria for a lot line adjustment.

The Board reviewed the plans, and all the required items were noted.

Mr. Federman made a motion to adopt the lot line adjustment for SUB-30-2007, seconded by Mr. Uhler.

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

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

Mr. Ribet stated his purpose for subdividing the property is to leave them as vacant lots and sell them.

Mr. Howard stated the parcel is located in a Highway Commercial zone, the parcel is .99 acres. The Board has on file a paper copy of a preliminary plat. Once the Board has all the required information is shown on the plans, the applicant needs to provide stamped sets of the plans. Since the project is along a state highway, NYS DOT will be contacted for input per their previous written request (on file). Mr. Howard also stated under our Town of Catskill subdivision law, the soil types need to be identified and shown on the plans. The Town’s GIS map shows there are State wetlands present on the property. The Board requests for the engineer to provide the Board with documentation that identifies the location of the wetlands. Once the plans are stamped and revised, the Board will send it out to NYS DOT and proceed with the project.

Subdivision SUB-03-2008 (Minor) David Grasse & Marcie Clarke, 6287 Route 32, Cairo.

The applicants are applying for a minor 2 lot subdivision.

9 Copies of the Plat map and EAF were provided for each Board member according the town of Catskill Subdivision Regulations.

The Planning Board reviewed the plat plan using the checklist to ensure all required items are noted on the plans.

Mr. Howard stated the soil types need to be identified, and there also needs to be clarification on the property lines along the stream noted on the plans. The project is located along a State highway and subject to review by NYS DOT.

The applicant’s next step is to come back before the Board with a complete submittal to proceed with the project.

Subdivision SUB-04-2008 (Minor), Ronald Smith, 164 Ufferts Road, Catskill.

Mr. Conklin is representing the project for Mr. Smith. The applicant has a large parcel and would like cut it into a 7.55 and 5.3 acre parcels. His intention with the larger parcel is to build a single family dwelling in the Spring of 2008, there is no construction intended on the smaller parcel.

The Board reviewed the plans that were submitted by the applicant.

Mr. Howard stated there is a pond located on the property that is listed under Federal Wetlands. Mr. Howard also stated under the Town’s subdivision law it is required for all subdivisions to install a highway under Town specs. According to the plans there is a right of way leading into the property, a road is required since there are 2 lots.

There was discussion amongst the Board regarding the roadway requirements.

Mr. Howard stated the plan requirements are met, however there are questions pertaining to the roadway requirement, and the pond located on the property. Mr. Howard suggested the applicant contact the US Army Corp of Engineers.

Mr. Conklin stated he will come back more information and some up with possible options regarding the road issue.

Subdivision SUB-05-2008 (Minor), Michael Carlson, Five Mile Woods Road.

Mr. Carlson stated the property consists of 24.65 acres, he proposes taking out lots 1 and 2 and create a 3 lot subdivision. Mr. Carlson also stated there is a road that goes down through the center of the 2 lots the road is 50ft wide.

Mr. Howard stated the roads have to be built to Town specs under Chapter 138 of the Town code. The width and construction must conform and the applicant must build a 50ft right of way.

Mr. Carlson asked the Board what he needs to do to comply with the current Town code, in order not to have a 50ft right of way installed.

Mr. Howard stated the Board needs to work along with the Town of Catskill Highway Superintendent and the Town Board to change Chapter 138 of the Town code, however the applicant needs to comply with Chapter 138 requirements.

The Board reviewed and discussed the plans.

Mr. Howard stated for the applicant to look at the Town specs and follow the guidelines or go before the Town Board. Regardless if chapter 138 changes the Board needs to see a road maintenance agreement that ensures the road will be maintained in the future. The Board also needs the soil classifications submitted by the engineer.

Mr. Sterthous recommended for the applicant to provide the Board with concepts in writing, the Board will then review them and respond.

Mr. Sacco made motion that the Chairman of the Planning Board expresses a desire to revise Section 138 of the Town of Catskill code, seconded by Mr. Federman.

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

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

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

Meeting Adjourned 9:44 PM.

Respectfully Submitted,

Planning Board Secretary

Approved as Amended 3/11/08