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Negotiations stall on Cauterskill development as village board seeks legal review of boundary, vested rights
Summary
Developer representatives told the Village of Catskill Planning Board that road negotiations for the Cauterskill project are ongoing; the board asked for a legal opinion about whether the property crosses the village/town boundary and about vested rights versus new subdivision laws before proceeding.
Developer representatives Kevin Schwenzfeier and Shaun Lee told the Village of Catskill Planning Board on Oct. 13 that negotiations over road access for the Cauterskill development remain unresolved, and the board said it will not move the application forward until key issues are clarified.
Shaun Lee told the board that “the negotiation is ongoing for the road,” and Kevin Schwenzfeier outlined contingency plans and escrow-replenishment options while listing items that the applicants say are not yet code-compliant. Chair Gilbert Bagnell asked whether the subject property crosses the village/town boundary and requested a legal opinion on the extent to which any vested rights may limit the application of current subdivision laws.
Wayne Thompson recommended a detailed review to determine if vested rights or abandonment apply. The transcript notes input from SHPA was without concerns, but the board recorded that the identification of the municipal border remained undetermined at the meeting and that outstanding technical and legal questions must be resolved before the board can take further formal action.
Next steps: the planning board requested additional documentation and a legal opinion to clarify boundary lines and vested-rights issues; the matter will return to the board once those clarifications are available.
