Public Hearing # 19-2008 JUNK: Lundy Property, 53 High Falls Rd.
Catskill Town Hall
June 18, 2008 6:00 pm
Attendance: Peter Markou, Supervisor
Robert Antonelli, Councilman
Patrick Walsh, Councilman
Michael Smith, Councilman
Elizabeth Izzo, Clerk
Linda Speckman, Code Enforcement Officer
Absent: Lewis O’Connor, Councilman
Supervisor Markou opened the meeting and asked the Clerk to read the public notice:
NOTICE OF PUBLIC HEARING
A Public Hearing will be held by the Catskill Town Board, on June 18, 2008 at 6:00 PM, at Catskill Town Hall, 439-441 Main Street, Catskill, New York, to hear comments and concerns regarding existing violations of the Code of the Town of Catskill, JUNK, Chapter 115, Article 2, Sections 115-19, at the property of David A. & Robert C. Lundy, 53 High Falls Rd. Ext., Catskill New York, Tax Map # 170.03-3-15, in that conditions on the property have been deemed, upon inspection, to constitute a public nuisance. The property owner is directed and ordered to immediately abate or remove conditions before June 18, 2008.
Failure or refusal to comply by the above specified date may result in a duly authorized officer, agent, or employee of the Town of Catskill entering upon the property and abating or removing the public nuisance. The cost and expense of such abatement or removal shall be the responsibility of the owner and without limitation of the Town’s potential remedies to recoup its expenses, such cost and expense shall be assessed against the described property and shall constitute a lien thereon to be collected as provided by law.
By Order of the Catskill Town Board,
Elizabeth C. Izzo
Catskill Town Clerk
Supervisor Markou asked if anyone wished to address this issue. Mr. Lundy approached the Board. He stated that his property has been cleaned, there are no eyesores, and he showed pictures to the Town Board. He stated it took some time due to health issues.
Linda Speckman approached the Board. She also showed pictures of Mr. Lundy’s property to the Town Board that were taken on June 18th. Ms. Speckman states that the hill behind both properties, 53 and 63 High Falls Road, looks like a landfill. Mr. Lundy states that he is unsure if that is his property.
Ms. Speckman states the hill is covered in garbage and debris. Mr. Lundy states that when the property was purchased, it was stated that the property line ends at the top of the hill. He states the “stuff” down the hill on the embankment was there previous to their purchasing the property.
Supervisor Markou stated that the pictures that Mr. Lundy shows, which were taken yesterday and the Code Enforcement pictures today, show discrepancies.
Councilman Smith states that the property hasn’t been kept that is appropriate to their neighbors. He states that there have been a certain amount of cleaning on the property, but it was only done because the Code Enforcement Office cited them. He wants to know what they will do to keep the property neat. (At this time, Mr. Lundy of 63 High Falls Rd. sat down because his public hearing did not start until 6:15 pm.)
Mr. Lundy stated that keeping his property up is difficult because he has children who strew things about and he also has health issues that he needs to address. He tries to keep his property up, but between his work and dialysis, it takes time. Mr. Lundy stated that he has been cited in the past because his son was fixing his bike tire on his lawn. He also stated he was cited for not mowing his grass because he couldn’t get to it in time.
Councilman Smith stated the issue is how the property is maintained, not his health issues.
Mr. Lundy stated that time is an issue in him maintaining his property. He stated that the property in the back is not his property. He has erected a fence to hide the clutter.
Supervisor Markou asked for a recommendation from Ms. Speckman. She stated there is a list of violations that stem from 2002, but the major problem is the garbage that is on the property. In 2004 there was a citation for garbage and junk appliances on property. In 2006 bags of garbage on the front porch and a second time of garbage accumulation on the property and also again in 2007.
Councilman Smith stated he has seen recently 12 to 20 bags of garbage on the property.
Linda Speckman stated that the property has been cleaned pretty well except for what is down the hill. Ms. Speckman states that the trash back there hasn’t been there for years. There is a discrepancy of who owns the property so Linda can’t make a recommendation to the Board because if it is cleaned up and it is assessed against the property owner.
Councilman Antonelli stated that the deed should state the property boundaries.
Councilman Smith made the suggestion of investigating who owns the property. He asked Mr. Lundy permission to allow the Code Enforcement Office to determine the property line.
Mr. Lundy stated that is fine. He does not have a copy of his deed though. He states that the sale of his home was private.
Councilman Antonelli stated that if it was a private sale then no survey was done.
Supervisor Markou tabled the decision for two weeks and will make a decision then.
Motion to adjourn from the public hearing made by Councilman Antonelli and seconded by Councilman Walsh.
Meeting ended 6:28 pm.
Respectfully submitted,
Elizabeth Izzo
Town Clerk
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