Town of Catskill Planning Board
Monthly Meeting
May 27, 2008, 7:00 PM
Present: Chairman Daniel Howard-PE, Vice Chairman Peter Gustas, Warren Sheridan, Harry Sacco, Allen Uhler, Jack Rivituso, Larry Federman, 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.
Minutes of the May 13, 2008 meeting were reviewed. Mr. Gustas made a motion to accept the minutes as amended, seconded by Mr. Federman.
Ayes 7, Nays 0, Absent 0, Motion Carried.
Mr. Howard stated the Board received a letter from NYS DOH advising the plans for the Bertone Subdivision SUB-7-2007 have been approved, and the certificate of approval was enclosed. A copy of this correspondence will be in the project file, the next step is to have the applicant come back before the Board for possible final approval of the project.
Mr. Howard stated in regards to the Murarui Brothers Inc. project , Clough Harbour and Associates sent a letter to the Town regarding the parking issues on the property. The Board will place the project on the agenda once the issues are ready to be addresses by the applicant.
Old Business:
Subdivision SUB-3-2007 CJ Properties LLC, Cairo Junction Road, Catskill.
Mr. Howard stated the lead agency notices have recently been circulated. Clough Harbour & Associates had prepared a letter with comments in regards to their review of the project.
The Town’s consultants briefed the Board and the applicant with their review.
Mr. Fetherston of Maser Consulting is representing the proposed project.
Mr. Howard stated this project is in an initial phase, and at the next meeting the consultants will go through the conditions. The EAF needs to be updated with the exact number of lots, the Board also needs to see a storm water pollution plan, and a habitat report.
Mr. Fetherston stated they will review and address the comments with the applicant.
Subdivision SUB-05-2008, Michael Carlson, Five Mile Woods Road.
Mr. Carlson presented the same plan, unchanged since his appearance at the 2/27/08 meeting. He advised that he had two lawyers review his plan and the town code. He added that the Town Superintendant of Highways had looked at his road and told him that it met the Town’s rural/private road specifications. Mr. Carlson indicated that he feels his road is acceptable.
Mr. Howard advised Mr. Carlson that there are no rural/private road specifications in the Town Code and reminded him again that the Subdivision code requires that all roads within a subdivision be constructed in accordance with section 138 of the Town Code.
A question arose from one of the Board members with regards to sight distance. Mr. Carlson was asked to have a Professional Engineer measure the sight distance in both directions from his private road.
Discussion ensued between the board, Mr. Sterthous, and Mr. Carlson regarding road standard requirements in the Town code.
Mr. Carlson said he may bring his attorneys to a future meeting to discuss this project with the Board.
Mr. Howard indicated that he is welcome to do so, but the Board does not act as a court with regards to presentations by attorneys for applicants and responses from the attorney for the Town.
Mr. Howard and Mr. Sterthous specifically requested that Mr. Carlson provide documentation from his attorneys and/or an engineer detailing how his road meets the requirements of Section 138 and the Subdivision code. The Planning Board can then review and respond to the documentation.
Mr. Carlson asked the Board if he is being singled out or held to higher standards than other applicants. Mr. Howard responded that the Board follows the Town Code and applies these standards to all applicants.
Mr. Carlson asked if there are any other issues with regards to his proposed subdivision.
Mr. Howard reviewed the file and documents previously provided and advised that it appears the road issue is the only outstanding item that prevents the application from being deemed complete. Mr. Howard further advised Mr. Carlson that resolution of the road issue does not immediately result in approval of the subdivision. Specifically, the SEQRA process will then start.
Mr. Carlson stated he thought the Planning Board had conducted SEQRA for his project.
Mr. Howard stated that while the EAF was reviewed at one of his previous appearances before the Board, the Board had not declared Lead Agency, conducted a public hearing, or made a determination of significance.
Mr. Carlson thanked the Board and Mr. Sterthous for their time.
Other Business:
With no further business to discuss Mr. Gustas made a motion to adjourn, seconded by Mr. Rivituso.
Ayes 7, Nays 0, Absent 0, Motion Carried.
Meeting Adjourned 8:32 PM.
Respectfully Submitted,
Jennifer Foxe
Planning Board Secretary
Approved as Written 6/10/08.
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