Planning Board

Planning Board Meeting

January 22, 2019 6:00 PM        

Catskill Town Hall      

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Present: Chairman-Joe Izzo, Reid Mower, Tom Decker, Charles Holtz, Vice Chair- Larry Federman.

Teresa Golden, Secretary Patricia Case-Keel.

Absent: Bridgett Hernandez

Also Present: Elliot Fishman (CEO) Michael Smith (Town Attorney)

                         Kevin Schwenzfeier (Delaware Engineering).

Chairman Joe Izzo opened the meeting with the Pledge of Allegiance to the flag.

Charles Holtz recused himself from the review of SUP-2-2018.

Mr. Izzo read aloud the conditions of the resolution for SUP-2-2018.

Mr. Decker stated in reference to condition #3. He would like for the condition to include periodical inspections of the fence.

Discussion ensued.

Mr. Koperniak asked if the fence could extending from loop 1, campsite #6 to loop 6, campsite #41.

Mr. Izzo stated the Board will be drafting a formal letter to send to the County and would suggest the applicant consider warning signs for traffic entering the site.

Mr. Izzo stated because of the sewer system involved in this project DEC has indicated the review was required to be coordinated and listed as a type 1 action . Because of this the EAF for this project requires corrections .Both the DOH and DEC have received the plans for this project and both agencies have indicated no concerns with the planning Board taking lead agency for SUP-2-2018.Mr. Izzo read aloud the resolution for reconfirmation for the revised SEQRA determination of significant.

The Board discussed revisions to the conditions, and the procedure for approval of a special use permit.

Mr. Izzo stated if the Board decides to approve the Special Use Permit at tonight’s meeting, the special use permit will not take effect until the revised plans are submitted and signed giving final authority by the Planning Board. The resolution can be modified to indicate the acceptance of the site plan as well as the receiving of the approval from DOH, and DEC, will grant final authority.

The Boar reviewed the Reconfirmation of the SEQRA Determination of Significance.

Mr. Mower made a motion to accept the Resolution Reconfirmation of the SEQRA Determination of Significance, seconded by Mr. Federman.

Ayes 5, Nays 0, Absent 1, Abstained 1 Motion Carried.

Mr. Izzo made a motion to adopt the resolution approving SUP-2-2018 as amended at this night’s meeting, seconded by Mr. Decker

                                  Ms. Hernandez- Not Present    

Mr. Izzo- Aye

Mr. Federman- Aye

Mr. Decker- Aye

Ms. Golden- Aye

Mr. Mower- Aye

Mr. Holtz- Abstained

Charles Holtz recused himself from the review of SUP-9-2018.

Mr. Izzo stated the Board had held a Public Hearing on the EAF and the Special Use Permit at the January 22, 2019 meeting. At tonight’s meeting the Board will determine if the project will be declared as a Negative Declaration and also discuss the determination of the Special Use Permit.

Mr. Izzo made a motion to declare a Negative Declaration for SUP-9-2018, seconded by Mr. Mower

Ayes 5, Nays 0, Absent 1, Abstained 1 Motion Carried.

Mr. Izzo stated he had sent a letter to the Town Board indicating upon review of SUP-9-2018, the Town of Catskill Planning Board would ask that the Town place (No Parking) signs next to the property as recommended by the Town of Catskill Highway Department. Along with the letter a drawing was sent indicating were the parking signs should be placed. Tonight the Board will discuss the conditions for the resolution and the plans submitted for SUP-9-2018.

Mr. Mower asked where the tent will be set for the wedding venues.

Mr. Holtz answered next to the barn.

Mr. Fishman asked what the latest revision for the plans is.

Mr. Holtz answered November 13, 2018.

Mr. Fishman stated the number of required portalets is not clear.

Mr. Holtz answered the number of portalets was 4 for 100 guest.

Mr. Izzo stated the Board can make it a condition for four portalets for 100 guest or as recommended by the CEO.

Discussion ensued regarding the number of portalets and restricting the number of guest.

Ms. Golden stated the number of parking spaces is a factor to consider as well.

Mrs. Hirsch stated guests are also bused in.

Mr. Fishman stated there will be a restriction for the number of occupancy for the barn within the building permit, but it will not limit the number of guest added for the tent.

Mr. Holtz stated the applicant would agree to 125 guest to 5 portalets . Mr. Holtz asked if the number of portalets can be prorated down with the number of guest as well.

Mr. Fishman answered “Yes”.

Mr. Federman stated one of the portalets will be required to be a handicap unit.

Mr. Holtz stated the plans will indicate one portalet for every twenty-five persons and a minimum of one handicap .

Mr. Fishman stated coupled with a condition for the portalets it should also indicate restrooms in the barn cannot be used, until septic is brought up to code .

Mr. Izzo stated the Board may want to consider adding a condition to restricting how late in the evenings the weddings can be held because of the noise .

Mr. Decker stated he would suggest a condition restricting any audio sounds after 8:00 p.m. and 7:00 a.m. Also he would suggest music and amplified sounds not be extended outwards from barn or tent.

Mrs. Hirsch stated the music will stop at 10:00 p.m., but the barn doors are always opened.

Mr. Decker stated if the speakers are placed facing in and not outwards it will help keep the sound from disturbing the neighbors.

Mr. Smith stated one of the criticisms the neighbors have had was when the venue was operating illegally the noise permeated within a half a mile from the site, late into the evening .The Board has received a letter from one of the neighbors and the letter indicated the location of the resident is a half a mile away, and the noise level continued well into the late evening hours.

Mrs. Hirsh stated she has in the contract for the events, if any music goes pass 10;00p.m. the client will be fined two hundred dollars.

Mr. Fishman stated if the condition indicates noise levels between 7:00 a.m. and 10:00 p.m. cannot be amplified, it should also be understood it still does not give the applicant carte blanche to create other noise disturbances either.

Mr. Smith stated if the tents were to have walls it may also help with the noise.

Mr. Mower asked in regards to the venue having a curfew of 8:00p.m..

Discussion ensued.

Mr. Izzo asked how often doing the wedding last until evening.

Mrs. Hirsch answered usually the weddings begin in the afternoons and continue until the evening.

Mr. Fishman stated the Board may also want to consider the number of events allowed per year.

Mr. Izzo asked how many events on average the applicant has had on the site.

Mrs. Hirsch answered approximately 10 a year.

Mr. Izzo asked if the Board were to limit the time for the events to 9:00p.m., would that be a problem.

Mrs. Hirsch answered 9:00 p.m. is a little early. The guests spend a lot of money on caterers and other things.

Mr. Izzo stated the wedding can continue it would only be affecting the amplified music which is a concern to the neighbors.

Mr. Fishman stated the applicant could have acoustic music after 9:00p.m.

Mr. Izzo stated the concern is there are a couple of neighbors close to the site. The Board would like to mitigate any issues which could arise between the applicant and the neighbors regarding the noise and the traffic.

Mrs. Hirsch stated the venues are only held on Saturdays.

Mr. Izzo stated if the Board approves the Special Use Permit with the condition for no amplified sound after 9:00 p.m. and then the CEO were to get a complaint regarding noise after 9:00 p.m., it is possible the applicant could lose the Special Use Permit for operating a wedding venue on the site.

Mr. Fishman stated since the applicant is choosing to not have an on-site septic system . He believes DEC has regulated hold and hall sewage disposal to 12 a year.

Mr. Izzo asked if the applicant is required to obtain any permits from the DOH for the use of portalets .

Mrs. Hirsch answered “No”. She just contacts the licensed company who rents them out. She also wanted to mention that although some of the neighbors have complained about the venues on the site, one of the neighbors sent a letter to the Board indicating there was no problem with the business being there, and one of the caterers also sent a letter regarding the business received into this area because of the weddings, also the Chamber of Commerce contacted the Town Supervisor on the behalf of the business.

Mr. Izzo stated if twelve weddings a year becomes a hardship, the applicant can always come back and revise the Special Use Permit.

Mr. Decker stated he would also like to add something for the conditions of approval, addressing no camping on the site, and also making it clear only invited gust can be on the site since the Zoning Board interpreted the use, as a bar and night clubs, and because the special use permit stays with the land and not with the land owner. He would recommend for the Board to have a professional write the condition for this project.

Mr. Schwenzfeier stated the Board is beginning to become involved with the operational side of the business.

Mr. Izzo stated the Board will have to come up with some frame work for the conditions, and then the Board will send it to the applicant for them to take a look at and make recommendations. This application will be rescheduled for the February 12, 2019 meeting.

Mr. Smith stated if the applicant intends on having more than twelve wedding venues a yea, then the Board may want to make a request for the applicant to obtain something from DEC regarding the sewage disposal.

Mr. Holtz stated he will contact DEC and try and obtain some kind of clarification regarding this matter.

No one representing SUP-8-2018 was in attendance at this night’s meeting.

John Regan was representing SUP-2-2018 at tonight’s meeting .The applicant is requesting two amendments from the approved special use permit .The applicant would like to reconfigure the site plan in order to have a storage base for battery cells on the site, and also to address an issue regarding a forever wild deed restriction for the site .

Discussion ensued regarding deed restrictions.

Mr. Smith stated his conclusion is that the Town has no statutory authority to require land restrictions context to the issuance of a special use permit, it cannot be a quid pro quo. If the applicant wants to volunteer a land restriction then the applicant must submit a letter stating clearly the deed restriction has been entered into voluntarily. It has been indicated to him the applicant did not prescript a portion of the land voluntary, but was a condition for moving forward with the special use permit and it was confirmed to him in writing.

Mr. Regan state it was Cypress Creeks intention not to develop the land involved in the deed restriction for the life of the use for the solar farm and he believed it was Cypress Creek who proposed the deed restriction.

Mr. Smith stated a deed restriction runs with the land not a project.

Mr. Fishman stated the restriction could be applied to the Site Plan and then if there are ever any changes to the Site Plan the application can be sent back to the Planning Board.

Mr. Smith stated if the applicant appropriately chooses not to restrict the land use, the applicant is in their right to make that decision.

Mr. Izzo stated the Board will have to modify the Special Use Permit in order to remove the restriction.

Mr. Smith stated the application will require a Public Hearing so that the neighbors adjacent to the site are aware of the land potentially being developed or not developed.

Mr. Federman stated the fire suppression used for the battery storage unit is highly toxic to aquatic animals. The concern is the containment system may fail. He had suggested a second containment system, since the site is adjacent to a retention ponds and streams.

Mr. Regan stated the concern is a second containment system could damage the concrete pad the system will be on from holding water.

Mr. Izzo asked why the battery storage is required at this time.

Mr. Regan answered the State has not required the storage of energy yet, but is encouraging the use of energy storage .

Mr. Federman stated the applicant has other projects not adjacent to wetlands and water bodies in Greene County, those projects can have the energy storage units.

Mr. Regan stated the batteries are designed to store energy in order to address grid stability at peak demand times of the day, and its incentivized by the state

Mr. Mower asked if Cypress Creek has ever experienced a fire in the battery storage system.

Mr. Regan answered “No”

Mr. Holtz asked if they have any other sites with battery storage systems

Mr. Regan answered proposedly the Town of Cairo and the Town of Westerlo.

Mr. Fishman asked if the batteries were stored in another location would that suffice.

Mr. Federman answered it might help.

Mr. Izzo stated the material sent in about the battery storage system indicates redundant safety system .Mr. Izzo asked if any if the battery systems have ever failed

Mr. Regan answered the batteries are lithium oxide and have been around a long time , however this is new for energy storage but this system will be climate control .

Mr. Izzo asked if there are any other type of storage system which could be used .

Mr. Fishman asked if a roof over the system would help from rain water collecting.

Mr. Regan answered he does not know.

Mr. Izzo stated in order to move forward with this review the site plan must indicate a voluntarily restriction of the lands use and the issue regarding the battery storage system must be resolved. This application will be rescheduled for the February 12, 2019 meeting.

Jacob Bar-Horin was not at tonight’s meeting but was being represented by his son Benjamin. The applicant is considering purchasing what was known as Pollaces Resort with the intention of using the site as a religious institute and a summer camp for children .The applicant submitted a sketch plan.

Mr. Izzo asked if the site will be used as a religious institution.

Benjamin answered the site will be used as a resort and a camp for children.

Ms. Golden asked if the children will be staying overnight on the site.

Benjamin answered “Yes”.

Mr. Smith stated there is a difference between the resort as it exist and what is being proposed. At this time the resort is used for family units. The supervision of children is the responsibility of the parents with regards to a children’s camp will require the hiring of people in order to supervise the children, which will make this totally different than a family resort. In his opinion this will be a change of use and will require the containment of a special use permit form the Planning Board.

Benjamin stated he wanted to let the Board know the site will stay on the tax roll.

Mr. Izzo stated the use of the site will be changing so the applicant will have to apply for a special use permit. This will require a site plan and an EAF, and a completed application.

Mr. Fishman stated the applicant could apply for a religious institution and then would only require a site plan review.

Discussion ensued regarding the definition of a religious institution.

Mr. Smith stated although the intent may be a religious institution the accessory use is a camp for children and the camp for children will have to be addressed and will require a special use permit., what that entails and how it will operate.

Mr. Izzo stated regardless of how the applicant wants to go forward with this project the applicant will still require a site plan and an EAF. Mr. Izzo asked if the children’s camp will fall under the Towns Camp Ground Regulations.

Mr. Fishman answered “No” because the buildings are permanent.

Mr. Izzo stated the site has federal wetlands and therefore will require a SEQR. Once the applicant has all the materials and submits it, the Board will schedule this application for the next meeting.

Terry Lynch was before the Board back in March of 2018 in order to reopen the bar on the site. The Board has indicated re opening the bar would not require a site plan review because nothing was changing to the foot print of the bar or site  He is before the Board tonight because he would like to add onto the use of a bar by adding an outside patio to the front and back of the bar, and was advised by the CEO this would be changing the footprint of the bar and would require a site plan review.

Mr. Fishman stated the motel was converted to a multiple family apartment and the motel above the bar was converted to multiple family units and both of those uses require a special use permit.

Mr. Izzo stated there are a number of uses being implemented to the site changes to the bar and also the motel units being used as apartment and the laundry mat, and therefore this requires a complete site plan including all of the uses.

Ms. Golden made a motion to approve the meeting minutes of December 11 , 2018, seconded by Mr. Decker

Ayes 6, Nays 0, Absent 1, Motion Carried

Ms. Golden made a motion to approve the meeting minutes of January 8, 2019, seconded by Mr. Holtz

Ayes 4, Nays 0, Absent 1, Abstained 1,(Mr. Federman ) Motion Carried

 

Mr. Izzo made a motion to adjourn, seconded by Mr. Federman.

Ayes 6, Nays 0, Absent 1, Motion Carried

Meeting adjourned.  

Respectfully Submitted,

Approved as Amended 3/26/2019

Patricia Case-Keel

Planning Board Secretary

Approved As Written 1/22/2019