Town of Catskill Planning Board

Town of Catskill Planning Board

PlanningBoard Meeting

January 26, 2016 7:00 PM

Catskill Town Hall

Present:,Chairman Joe Izzo,Harry Sacco- Vice Chairman,Charles Holtz, Larry Federman, Kevin Conklin,Secretary Patricia Case-Keel.

Absent:Jack Rivituso.

Also Present: Michael Smith (TownAttorney)

ChairmanJoe Izzoopened the meeting with the Pledge of Allegiance to the flag.

OLD BUSINESS:

Site Plan Review SPR-3-2015 Fred Edwards 3050 Rt. 23A Palenville .

The applicant was not in attendance at this night’s meeting, but was being represented by his attorney Alita Guida Esq from Couch, White LLP.

Mr. Izzo stated the Board had requested a description of the Site Plans intended use which the Board has received, and the Board would ask for Ms. Guida to review the information with the at tonight’s meeting .

Ms. Guida stated the description for this projects includes the trucking and storage, as previously discussed and she has also attached photos indication how the equipment is stored , along with the storage of building materials, and the types of materials that are stored on the site. The project description does include the sale of those materials but 90 % of the time the applicant purchases those items and then uses them on the jobs. The applicant does not have regular employees so the operation involves the applicant gathering the equipment, going to a job, return and then work on the equipment and cleaning up the site. it is that mature and scale of an operation.

Mr. Izzo read aloud the narrative letter dated January 26,2016 submitted by the applicants attorney Ms. Guida.

Mr. Sacco asked what when were the photos taken, that were submitted with the projects description letter.

Ms. Guida answered the pictures were taken in the fall of 2015.

Mr. Izzo asked if there were any questions.

Discussion ensued regarding surroundings businesses in the Route 23A corridor.

Mr. Izzo stated for the Boards information; he had attended the Town Board meeting of January 20,2016 and it was mentioned to the Town Board that the DOH had tested the wells and it had been indicated that the Town Board had the information. On on the following Thursday, he had contacted the NYSDOH in Oneonta and spoke with the Director the Director of the DOH had consented him there were tests performed on the Ms. Martins well but because it was private property those results were not sent to the Town because the results are considered privileged to the residents, and even if the Town were to file a FOIL request, the information more than likely will be denied. Therefore for anyone to insinuate the Town of Catskills Town Board, or Planning Board had received this information is incorrect. Both individuals may if they like supply the information to the Planning Board if their attorney recommend doing so.Also he did discuss with the DOH issues regarding air pollution and the factthat there could be air quality issues on the property or adjacent property. The air quality had not been tested by the DOH or DEC, and he wanted to bring this to the Boards attention so it can be can consider as the Board reviewsthis Site Plan.If the attorney for Mr. Edwards or Ms. Martin would like to submit a copy of the water test that will be entirely up to them .

Ms. Guida stated she will ask Mr. Edwards if he any objection to providing a copy of the water testing results.

Mr. Izzo stated as far as he know there were no enforcement actions taken by the DOH in regards to the wells.

Ms. Guida answered that is correct.

Mr. Izzo stated the Board will need time to review the specific codes which the applicants’ attorney has referenced, and determine if those codes will be what the Board is looking for as far as a permitted use or not permitted uses involving this site. The Board will schedule this application for the February 9, 2016 meeting. The Board may have questions regarding the Site Plan so Mr. Lane may want to attend the February 9,2016 meeting. Ultimately there will be a Public Hearing for this Site Plan.

Ms. Guida asked if she would have to send out any notices involved with a public hearing.

Mr. Izzo answered “No”. A public hearing for a site plan review only requires an add in the legal section of the local paper.

NEWBUSINESS:

Cassy Naccarato

There was no one representing Ms. Naccarato at this meeting.

Mr. Izzo stated if Ms. Naccarato wishes to be placed on the Planning Boards agenda on another date,she will be required to fill out an application in order for the Board to discuss her request.

Commercial Solar and Wind Energy.

Mr. Izzo stated the Board is aware of at least one project involving solar power . He has attended a Town Board meeting and asked the Board if they would like for the Planning Board to review the Towns Regulations regarding alternative energy since the Town has no codes addressing solar power except where it is mentioned in the Towns Code as requiring a Site Plan Review .

The Board reviewed the Town of Coxsackies regulation regarding wind energy facilities, Albany Law Schools

Mr. Izzo stated he would ask for the Board members to review the Town of Coxsackies Wind Energy Facilities regulation. He looks at the Albany Laws School Resource recommendations for Solar and they consider it as anaccessory use , they indicate that local governments have a permissible approach and exhaustible approach as an accessory use with those only listed as such, an illustrative approach,and a flexible approach . Mr. Izzo read aloud from the Albany Law School Resource;( in authorization of a particular land use witch is permitted and a zoning ordinance or local law subject to requirements imposed by such zoning ordinance or local law to insure that the proposed use is in harmony with such zoning ordinance or local uses and will not adversely affect the neighborhood).If the Board does develop recommendations for alternative energies the individual zones will have to be considered. The solar use can also be regulated through a building permit.

Mr. Federman stated the NY Sun Resource guide has a host of information regarding this matter. The Town must develop definitions.

Mr. Izzo stated he will obtain a copy of General Law and the definitions that could help to identify.

Mr. Federman stated the Town would have to adopt those definitions, The Town CEO has only been handling request for private resident’s roof top installations, but has not been involved with a commercial installation of solar power.

Mr. Izzo stated the CEO can request a Site Plan Review of a solar panel installation. The Town can require a Special Use Permit in certain zones involving solar power.

Mr. Federman stated the Board will need guidance; we do not make the laws. There has to be accountability based on size and kilowatt hours.

Discussion ensued.

Mr. Izzo stated it could be written into the code to exempt roof mounted residential systems from having to be before the Planning Board by indicating that type of installation will only have to obtain a building permit

Mr. Conklin stated there will need to be a lot of wording for roof mounted residential homes .Most residential integrated installations would be safe but if for instance there was to be integrated installation on all of the chicken coupes at Lashers Farm , it could have an effect on the view from the Catskill Mountains.

Mr. Federman stated NYSERDA is offering incentives for municipalities to sign up to NY Sun Program.

The Board reviewed the Town of Hartford’s NY Codes for Solar energy.

Mr. Izzo stated the Board members can come up with some design standards and the Board can discuss the recommendations at the next meeting.

Mr. Conklin stated in his experience the way to work with solar is to work with numbers, focus on the energy usage and then work backwards.Mr. Conklin gave a description of a project he worked involving the installation of solar energypanels.

Discussion ensued.

Mr. Izzo stated Sun Rise Farm is in an AgriculturalDistrict and if the wanted to install wind or solar power they would not be required to come before the Planning Board.

Mr. Sacco stated the power generated could only be used on the farm only.

Mr. Izzo stated the concern wouldn’t be for the Agricultural Districts installing solar or wind power it will be the project for installing alternative energy and then wanting to sell it back to the power companies.

Mr. Saco asked if the Board should considered having a professional who installs the alternative energies to make recommendations to the Board.

Mr. Izzo answered The Board needs to pick and choose based on the criteria’sdetermined by the Board , size of the land , the output of the energy created, and the use of the energy created as well.

Mr. Federman asked is this a matter for the Planning Board to take the lead on. At some point the Town will have to develop a code and that will require the Town Board.

Mr. Izzo answered the Planning Board will develop a draft and then the draft will be forwarded to the Town Board. The Town Board can do whatever they like with the recommendations, but they will be required to hold a public hearing on the regulation before they can be adopted.

Mr. Federman stated he would suggest for the Board member to review what comparable towns have adopted for their alternative energy regulations.

Mr. Izzo stated he believes the regulation should be based on the amount of open space the town has.

Mr. Federman stated it would be based on both open space and population.

Mr. Izzo stated the Board may determine to only concentrate on Highway Commercial Zone and Industrial Zones.Also the size of the land could be a factor.

Mr. Smith stated he would recommend that the Board contact the Association of Towns because it is a contemporary issue and it is affecting Towns and Municipalities throughout New York State. Also the Associate of Towns may have information that is beneficial to the Planning Board for this review. A secondary observation would be to contact the County relative to the Planning Boards agenda, to investigate solar and wind power and see if there has been an effort by the County to have some type of uniformed code for the entire County, which would reflect the whole of the Town of Catskill. A question for the Board to ask would be what is anticipated for the future within the Town of Catskill for the use and part of what should be take into consideration is who lives here and what kind of businesses are here .It occurred to him that is what shapes the type of local law that the Town would have because there is no point in creating a local law for an industrial district that will never get here, but it would make sense to create local laws that fit what the Town perceives how people will use their property in the Town of Catskill both Commercial and Residential, now and into the anticipated future. If the Town is going it alone the main criteria would be how to set the standards.

OTHER BUSINESS:

Review Applications for Potential Board Members.

Mr. Izzo stated the Board has received three applications for new Board members .The Board must determine how to precede with the review of the applicants. Mr. Izzo asked if this matter can be handled in an executive session.

Mr. Smith answered “Yes”. It involves personnel.

Mr. Izzo stated he will set up a special meeting for this matter. The Board needs two members for the Board and one Associate.

Meeting Minutes of January 12, 2016 were tabled until the February 9,2016 Planning Board meeting .

Mr. Conklin made a motion to Adjourn, seconded by Mr. Sacco.

Ayes 6, Nays 0, Absent1, Motion Carried.

Planning Board meeting ended at8:05 PM

Respectfully Submitted,

Patricia Case-Keel

Planning Board Secretary

Approved As Written 2/9/2016