Planning Board declines review of fence on village retaining wall, cites jurisdictional concern

Property owner Jesse Moore appeared before the Village of Catskill Planning Board to request approval for an iron fence to be installed along a Village-owned retaining wall adjacent to her property at 380 Main Street. The fence was presented as a safety measure to discourage pedestrians from walking along the wall and throwing objects over it. The board discussed related curb work, protection of nearby utility meters, and reminded the applicant that a building permit would still be required.

The Planning Board determined it lacked jurisdiction to review the proposal because the Village Board had already approved the work on Village-owned property. Several members expressed concern that the Village Board's approval of the work without submitting the fence design to the Planning Board for the required historic-district review was an irregular process, though the minutes note the Village Board's action was within its legal authority. The board voted to decline review for lack of jurisdiction on a motion by Ann Gibbons, seconded by Jay Lesenger; the motion passed without objection. The Code Enforcement Officer may issue a building permit based on the Trustees' decision after reviewing an application for code compliance.

Board members said that had the application followed the normal review process, they would have found the proposed fence appropriate for the Historic District. The item closes with the board advising the applicant on permit requirements and referencing the existing Memorandum of Understanding that applies to work on village property.