Planning Board

Planning Board Meeting

April 23, 2019 7:00 PM  

Catskill Town Hall      

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Present: Chairman-Joe Izzo, Reid Mower, Charles Holtz, Tom Decker, Bridgett Hernandez, Teresa Golden, Secretary Patricia Case-Keel.

 

Absent: Vice Chair- Larry Federman,

Also Present: Michel Smith (Town of Catskill Attorney) Elliot Fishman (Town of Catskill C.E.O.) 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

Chairman Joe Izzo opened the Public Hearing for Special Use Permit SUP-2-2019 Allen & Belka Hirsch 424 High Falls Rd., Catskill.  The Notice of Public Hearing was published in the Daily Mail on April 17, 2019 and April 18, 2019.

The Town of Catskill Planning Board will hold a Public Hearing on application    

Special Use Permit SUP-9-2018 pursuant to Section160-10 of the Town of Catskill Zoning Code to allow amendment for hours of operation for an approved wedding venue on lands owned Allen & Belka Hirsh located at       424 High Falls Rd Tax Map #185.02-2-8. The Public Hearing will be held on the 23rd day of April, 2019 at        7:00 PM, at the Town Hall located at 439-441 Main Street, Catskill, NY to allow public comment on the above application is open for inspection at the Planning Board Office located at 439 Main Street, Catskill, New York between the hours of 10:00 a.m. and 2:00 P.M.  By order of   Joseph Izzo Chairman, Planning Board, Town of Catskill.

Mr. Izzo stated the applicant has requested for a modification to the condition of approval regarding the amplified sound to 10:00 p.m. for the year of 2019. The reason for making this request is because the applicant had already booked weddings for this year, based on the Towns noise ordinances and noise levels.

Mr. Izzo asked if there are any comments or concerns regarding SUP-2-2018.

Mr. Izzo paraphrased a letter written by the applicant explaining the request for the modification to the condition of the Special Use Permit. The applicant indicated the site had been purchased 15 years ago and was used as commercial since that time. Mr. Izzo then read aloud a letter submitted by Adeline Lindsey, and a letter submitted by Harry Greenberger both who are residents living nearby to the site, and are concerned about the business operating on the site and the noise being generated . Both residents have requested for the modification to the condition for the Special Use Permit be denied.

Mr. Izzo asked three times if there were any questions or comments regarding SUP-2-2019.

There were no questions or comments.

Ms. Golden made a motion to close the Public Hearing for SUP-3-2018, seconded by Mr. Decker

5 Ayes, 0 Nays, 1 Absent, 1 Abstention, Motion Carried

Mr. Izzo read aloud a resolution approving the request for the modification of the condition for the hours of conducting events, to cease amplified noise at 9:00 p.m. and to extend the time until 10:00 p.m. for the year 2019.

The Board discussed the request for the modification of the condition.

Ms. Golden asked if the applicant ever submitted proof of when the contract for the wedding venue was signed relative to the approval of the Special Use Permit.

Mr. Holtz stated the applicant is not in attendance at this night meeting, but he did ask for the list and he has not received it.

Mr. Fishman stated he has not received anything form the applicant either.

Ms. Hernandez stated the Board did not apply any restrictions on hour of operation for the other event venues approved such as the one on Mossy Hill Rd. or the event venue on Game Farm Rd.

Ms. Golden stated the event venue on Mossy Hill Rd. will be indoors, and there were no complaints from the neighbors for the event venue on Game Farm Rd. with the exception of one event held on the site.

Mr. Izzo stated he has no issues with amending the Special Use Permit for this year only , and to insure the condition for the events amplified sounds ending at 9:00 p.m. be enforced for 2020 and forward. Technically 10:00 p.m. is in accordance with the Towns noise ordinance.

Ms. Golden asked when the CEO first contacted the applicant and advised them they were required to obtain a special use permit where they advised to stop booking events until a special use permit was granted.

Mr. Fishman answered “Yes”.

Ms. Golden stated without the information as to when theses weddings were booked she doesn’t think the Board has enough information to determine if the Board should approve the requested modification. If the contracts were signed after the applicant began the process of obtaining a special use permit, when the use was in violation of the Towns requirements, and the neighbors had already been complaining about the level of disturbance. The Board may want to reconsider granting approval.

Mr. Decker stated it would be fare if the Board tables making a determination regarding this amendment, and asks the applicant to show proof of when the contracts for the weddings were signed.

Mr. Izzo made a motion to offer the resolution for SUP-2-2018 seconded by Ms. Hernandez

5 Ayes, 0 Nays, 1 Absent, 1 Abstention, Motion Carried

Mr. Mower made a motion to table the resolution for SUP-2-2018 Until the May 14,2019 Planning Board meeting, seconded by Mr. Decker

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

Mr. Izzo thanked everyone for attending.

The applicant was not in attendance at tonight’s meeting and the required paperwork had not been submitted.

The applicant was represented at this night’s meeting by Darrin Elsom who is an engineer from Kaaterskil Associates. The applicant had submitted revised plans adding additional area for pavement, modification to the buildings for handicap accessibility, proposed fencing, and bear proof dumpsters, and the area for deliveries, and the proposed sign.

The Board reviewed the plans.

Mr. Izzo stated the plans indicate twelve rooms, four motel rooms , four family units, six brick motels, four twin motels, ten pine tree motels, four family apartments, eleven redwood motels and a  private lodge, and the plans indicate the maximum number of person will be 214 in the facility .

Mr. Elsom stated 214 is the existing capacity, sixty children and sixty one on one councilors, fifty for the rabi and staff. The dining area accommodates 200 and then there is a food service area which will be omitted and turned into a religious area.

Mr. Izzo stated the lodge area will have a 200 person’s capacity and the study room will have a sixty person capacity, and the recreational room will have a thirty person’s capacity.

Mr. Schwenzfeier asked if all of the buildings will be renovated.

Mr. Elsom answered one building will be modified for handicap accessibilities and there are existing building permit issues which are being addressed. For the DOH the water temperature has to be limited to 110 ° as required for handicap children.

Mr. Decker asked if he sidewalks can be separated from the roadways and parking area for safety reasons.

Mr. Elsom stated he would look into the matter.

Mr. Decker asked if the Board is required to make sure emergency vehicles can get to all of the buildings.

Mr. Fishman answered the fire trucks only require 150 feet accessibility from a structure.

Mr. Elsom stated he will check into the matter regarding the emergency vehicle and requirements for accessibility with handicap children.

Mr. Holtz state he has concerns regarding the gates being closed and emergency access.

Mr. Izzo asked if the project will require a submittal for a SWPP Permit.

Mr. Elsom answered there will be less than an acre of disturbed so no SWPP Permit is required , The existing septic system should have a DEC waste water permit which will be filed , but no storm water permits is required .

Mr. Izzo stated the septic system will be required to be tested, to make sure it can facilitate the site.

Mr. Elsom stated an application has been submitted to the DOH for a children’s camp, so sewer and waters issues will be under their review.

Ms. Hernandez stated the site was only used in during the summer season but as a religious camp it will be open year round.

Mr. Elsom stated it will be used a religious retreat year round but the maximum number of occupancy will be for the eight weeks when the children are there.

Mr. Decker asked if the site plan show’s lighting.

Mr. Elsom stated basically the lighting will not change from what is existing.

Ms. Golden asked if the existing lighting is dark sky complaints.

Mr. Elsom answered he will look into the matter.

Mr. Fishman stated the Board should consider vehicular flow, and the parking spaces should be identified. Also the pathway to the lake should be identified as well, especially if the intent is to use it for recreational purposes.

Ms. Golden asked if there will be any screening around the chain link fence.

Mr. Elsom answered it will be a fence with a visual barrier in it.

Mr. Izzo asked if there has been any contact with the Village regarding the possibility for the site to get hooked up with the Village sewer system.

Mr. Elsom answered he has been in contact, but in an informal manner, and it was indicated the site could be hooked into the Village sewer system, but he does not have anything formally indicating it can happen.

Mr. Izzo stated the system is old, so he is concerned there may be a requirement for more water usage then what Pollaces has currently been using.

Mr. Elsom answered he does not believe there will be any increase in water usage of water discharge on the site.

Mr. Izzo stated because the site is in the water district overlay the applicant will be required to submit information addressing the issue for this project. The main question is if the project will have any effect on the Hudson River. The Board would also ask for the applicant to contact the Catskill Fire Department and the Town of Catskill Ambulance to ensure there are no additional concerns that will have to be addressed.

Mr. Izzo asked if the use as a resort for handicap children will require any licensing form NY State.

Mr. Elsom answered “Yes”. The paperwork was filed last week.

Mr. Izzo stated the Board will require a copy of the permit as a condition of any approval for this project, in order to ensure any issues that may arise will be addressed.

Mr. Izzo stated the project will require a 239 Review with the Greene county Planning Board.

Mr. Schwenzfeier stated this project is not a Type 1 action so the project does not require a coordinated review but the Board can request one.

Mr. Izzo stated the Board will request for a type 1 SEQR and can begin the process for a coordinated review. The Board will coordinate with the Village of Catskill. NYSDOH, NYSDEC, and the Hudson River Keeper Association.

Mr. Smith asked if it is still the position of the applicant that even though this project will be considered a religious organization they will pay taxes.

Mr. Elsom answered to his understanding yes.

Mr. Izzo stated the Board will require an updated SEQR Form. If anyone would like they can come into the Planning and Zoning and review the plans for this project and also request copies of the plans under the FOIL. A Site Plan Review does not require a Public Hearing but the Board will be holding a public hearing on this application. The Board will wait for all involved agencies to have a chance to respond to the coordinated review before scheduling a Public Hearing. If there are any questions or concerns regarding this project, individuals should send correspondence to the Planning and Zoning office. The Board will review all concerns submitted.

Mr. Elsom asked if the Board will be able to schedule the Public Hearing at the May 14 2019 meeting.

Mr. Izzo answered “Yes”.

Charles Holtz recused himself from the review of SUP-1-2018

Mr. Vipler was in attendance at tonight’s meeting along with his development partner Mark Salomon. The applicant had submitted revised plans. The plans had been revised in order to indicate the condensing of the parking area, Also the applicant submitted a revised EAF.

Mr. Vipler stated he had a meeting with the Village Water Department and has finalized an agreement to provide a new water line down Brooks Lane.

The Board reviewed the plans.  

Mr. Vipler stated in return for coming to an agreement with the Village and Town for the water line, both the Village and Town has agreed to give him a letter for the Empire State Development grant which he has applied for.

Mr. Izzo stated the project will require a 239 Review and because the site is adjacent to a national historical site, the project will also require a coordinated review.

Mr. Fishman asked if the area of disturbance is limited to the parking area and hotel itself.

Mr. Vipler answered “Yes”.

Mr. Schwenzfeier asked for a limit of disturbance to be added to the plans.

Mr. Salomon stated the lighting will be dark sky compliant.

Mr. Izzo stated the lighting must be indicated on the site plan.

Mr. Schwenzfeier stated the handicap parking must be indicated on the plans.

Mr. Izzo stated the applicant must contact the Town of Catskill Fire Department and the Town of Catskill Ambulance service and have them review the projec .

Mr. Vipler stated in the proposal for the water lines it is indicated to add an additional hydrant to the location. Also the site will be using the municipality sewer system.

Mr. Decker stated the plans will need to be revised in order to show the setbacks and also to indicate the site was granted an area variance by the Zoning Board.

Mr. Izzo stated the applicant will have to submit the revised plans in order for the Board to start the coordinated review.

The application was being represented by Peter McAuliffe Omni Navitas and David Burk from Renewable Energies .The applicant had submitted revised plans, and images of the site for a view point analysis.

The Board reviewed the plans.

Mr. Decker stated he has concerns regarding the solar array being visible from the Olana Castle .

Mr. Burk stated the arrays are down in a valley and will only be standing up approximately six feet from the ground and will not be visible from the Olana Castle.

Discussion ensued regarding view points from the site.

Mr. Schwenzfeier stated even if the arrays are visible from the Olana Castle it does not necessarily have to have an impact on the project.

Mr. Izzo stated the Board has started the coordinated review and the letters were sent out on April 10, 2019.Delawre Engineering had questions regarding the project and the questions were forwarded to the applicant. Mr. Izzo asked if the applicant will be filling a SWPP.

Mr. Burk answered the requirement for a SWPP is something he would like to continue to discuss with Delaware Engineering.

Mr. Izzo asked if the driveway is impervious.

Mr. Burk answered the design is material just approved by NYSERDA and is impervious in order to minimize impact.

Mr. Decker stated he does not see a view shed analysis from Austin Acres and Wild wing Park.

Mr. McAuliffe stated he will submit an analysis form those locations. Provided property owners will allow them on their lands.

Mr. Izzo stated the applicant must contact the Leeds Fire Department and review this project with them. Mr. Izzo asked if the project will have any screening.

Mr. Burk answered at this time there are no plans for screening based on the impact study.

Mr. Izzo asked if the site will have any generators or batteries.

Mr. McAuliffe answered “No”.

Mr. Izzo asked if the fencing will allow for wildlife to Travers through the site.

Mr. Burk answered the fencing will have an eight inch gap for the smaller animals.

The Board scheduled a site visit.

Mr. Izzo stated the in order for the Board to continue the review of this project the applicant must submit a maintenance plan and resolve the issue for the SWPP requirement with Delaware Engineering,  and then once the thirty days for the coordinated review have been satisfied the Board can schedule a Public Hearing .

Mr. Izzo thanked the applicant.

Mr. Holtz made a motion approve the work session meeting minutes for April 3, 2019 as written, seconded by Ms. Golden

6 Ayes, 0 Nays 1, Absent   Motion Carried.

Ms. Golden made a motion approve the meeting minutes for April 3, 2019 as amended, seconded by Mr. Decker

6 Ayes, 0 Nays 1, Absent   Motion Carried.

Mr. Holtz made a motion to accept the revised Planning Board Governing Rules subject to the Town Boards approval of the Planning Boards revised Governing Rules, seconded by Mr. Decker

6 Ayes, 0 Nays 1, Absent   Motion Carried.

The Board scheduled a special meeting in order to enter into an executive session, to be held on Monday April 29, 2019 at 5:00 p.m.

Ms. Hernandez stated she has concerns regarding solar power plants, and cell towers, and how its going to detract tourist for wanting to come here and how it will affect the community.

Mrs. Davis stated the recommendations coming from groups like The River Keeper, Scenic Hudson and other significant individuals, is to pursuer with  the solar Initiative

Ms. Hernandez made a motion to adjourn

6 Ayes, 0 Nays 1, Absent   Motion Carried.

Respectfully Submitted,

Patricia Case-Keel

Planning Board Secretary

Approved as Written 5/14/2019