TOWN OF ROSENDALE PLANNING BOARD MINUTES
January 3, 2008
Chairman Billy Liggan called the meeting to order at 7:30 pm at the Rosendale Community Center, Rosendale, NY.
ROLL CALL: Chairman,Billy Liggan – Present
Randi Morf – Present
Jeanne Walsh – Present
Fred Greitzer – Present
John McEnrue – Present
Peter Perry – Absent *Arrived late
Joseph Havranek-Present
Nick Mercurio-Present
Charles Voss, C.T. Male Associates, Planning Board Consultant – Present
Dave Plante, C.T. Male Associates, Planning Board Consultant - Present
Minutes:
The minutes from the December 6th meeting were reviewed. The following amendments were made:
Page 7, “ A zoning text change is necessary because a hotel is allowed on the site with a special use permit, but a resort is not permitted.” The following is added to clarify the “resort”: The project is mixed use involving several different uses including a 19,000 sq. ft. spa, 5000 sq. ft. wellness center, 5,000 sq. ft. welcome center, interpretive center and other resort facilities.
Page 8, The applicant is treated “the same” across the board just as any applicant.
F. Greitzer made the motion to accept the minutes as amended.
P. Perry seconded the motion.
Roll Vote: B.Liggan – Yes, J.Walsh – Yes, F. Greitzer – Yes, J.McEnrue – Yes,
J. Havranek– Yes, P. Perry – Yes, R. Morf – Yes, N. Mercurio-Yes.
Motion Carried.
Public Hearings:
Mary Carter #2007-22 Special Use Logging Permit
Sean Karn , the applicants Certified Forester, gave a brief presentation to the public. He stated that Ms. Carter would like to harvest approximately 300 +/- trees from her property at 30 Gates Road. The applicant explained that he would be required to leave a 50ft. buffer. Several neighbors attended the meeting.
Judy Greene: Concerned with the weight of the log trucks passing the homes on Creeklocks Rd. She asked what route the trucks would travel.
Mr. Karn explained that the trucks would travel Creecklocks to Rt. 213 to Rt.209.
B. Liggan explained to the Public that the logging trucks were legally permitted on by New York State to travel on the roads.
J. Havranek asked Mr. Karn how many truck loads would be required to remove the trees.
Mr. Karn stated approximately 20 – 30 truck loads.
Attilio Contini: Polled the neighbors on Quarry Rd. and he received no objections to the project.
Jenifer Metzger: How many trees are being harvested?
S. Karn stated that approximately 300 out of 2000 tress.
J. Havranek noted that the Planning Board may want to restrict the hours of operation. The issue is mainly to keep the logging trucks off of the roads during the hours that the school buses travel.
The Board suggested that the logging trucks travel between the hours of 9 a.m. and 2 p.m. and 4p.m. and 7p.m.
J. Havranek noted that the applicant did submit a site management plan in accordance with section 75-28 15D of the town code.
R. Minisali: Asked what type of species of trees would be harvested?
S. Karn stated that there was a broad mix of hardwoods.
R. Minisali: would you be doing any reforestation?
S.Karn stated that the trees do a really good job of replacing themselves.
Rocco Rizzo explained to the Board that he did not receive a Public Hearing notice in the mail and did not feel as though he had an ample amount of time to review the application. He stated that he tried several times to view the application at the Town offices, but due to the Planning Clerk’s availability and the holidays, he was not able to view it. The Board explained to Mr. Rizzo that no one in the Public had actually “viewed” the application. They offered a copy to Mr. Rizzo for him to review at the meeting. Mr. Rizzo had a few questions regarding endangered species and water runoff. Mr. karn stated that he was take the proper measures to ensure there would not be any runoff.
J. McEnrue made the motion to close the Public Hearing at 8:27.
F. Greitzer seconded the motion.
Roll Vote: B.Liggan – Yes, J.Walsh – Yes, F. Greitzer – Yes, J.McEnrue- Yes,
J. Havranek– Yes, P. Perry – Yes, R. Morf – Yes, N. Mercurio-Yes.
Motion Carried.
F.Greitzer made the motion to grant a Negative Declaration and stated where as, there has been no evidence presented to the Planning Board of any positive environmental impact requiring further investigation we offer a negative declaration pursuant to SEQRA and in accordance with section 617 of the state environmental code.
R.Morf seconded the motion.
Roll Vote: B.Liggan – Yes, J.Walsh – Yes, F. Greitzer – Yes, J.McEnrue-Yes,
J. Havranek– Yes, P. Perry – Yes, R. Morf – Yes, N. Mercurio-Yes.
Motion Carried.
R. Morf made the motion to grant conditional final approval limiting the travel of the logging trucks to the hours of 9 a.m -2 p.m. and 4p.m – 7p.m. as well as securing a bond for the road.
J. Mcenrue seconded the motion.
Roll Vote: B.Liggan – Yes, J.Walsh – Yes, F. Greitzer – Yes, J.McEnrue-Yes,
J. Havranek– Yes, P. Perry – Yes, R. Morf – Yes, N. Mercurio-Yes.
Motion Carried.
Old Business:
Ulster County Cohousing #2007-18 Site Plan Special Use
The applicants explained that they have been in contact with the Post Office. They were told that they could have all the mail for the home owners delivered to one address, in one big bin. They would then be responsible for distributing it to all the homeowners. They would have an area in the common house for all the separate units.
If a home owner has a problem with sharing one PO Box, then they could request their own from the Post Office.
Dave Plante explained that CT Male had reviewed the SWPPP that was previously submitted. The applicant needs to submit a more complete SWPPP to address other issues. The applicant explained that the reason they had not done that yet is because they wanted to make sure that the Board was ok with the definition of a road and the pedestrian path.
The applicants explained that they had been in contact with the new Fire Marshall, Dave Massimmi and gave him an update on the current situation. They had also been in contact with a fire equipment company and they advised them on what the State requirements are. The requirements are 500 ft. between hydrants. The applicants are proposing a hydrant separation of every 200 ft. the hydrants are going to be placed along the water line. There will be a hold tank by the common house. The capacity is 8,000 gallons. This should be a dual capacity for the sprinkler system also.
The applicants discussed the requirements of the open space dedication with the Board. J. Walsh explained to the applicants that their approval is based on the dedication to the open space. J. Havranek explained the applicants asked for “cluster development” to get the maximum density out of the property. There has to be a benefit to the Town for cluster development. There can’t be any more development on the property after this project is done. J. Havranek asked if the applicants were going to designate the area with monuments. The applicants stated “Yes, after construction”.
The Board explained that it was important for the applicants to determine the areas being dedicated to the open space as well as noting what type of structures (if any) would be allowed on the dedicated area. J. Walsh explained that for the future of the property, whatever is left as open space, isn’t left “open” for other buildings. The property needs to be conditioned for the next generation to ensure that no one can come in and put 3 or 4 more houses on the property.
The applicants explained that they were not sure “exactly” where the areas would be due to the fact that there is still going to be construction going on. J. Havranek stated that the applicants may want to “square off” the dedicated area to make it easier for the surveyor.
The applicants asked the Board if they were going to be able to make a SEQRA determination and possibly a conditional final. The Board was unable to do that because they are still awaiting a complete SWPPP from the applicants.
New Business:
Cellco Partnership / Verizon # 2007-25 Special Use Permit
Mr. Scott Olson presented the application to the Board. Mr. Olson explained to the Board that the application is not a “formal” application, but rather a pre-application. The applicant is seeking to construct a 100 ft. monopole communications tower as well as a 12 x 30 ft access easement across the lands of owner Margaret Bridges. The proposed location is a 20.9 acre parcel located at 106 Davis Road in Tillson.
J. Havranek noted that as per the Town code, the application must be submitted to the Environmental commission within 10 days of receiving it. The applicant again stated that it is a pre-application and not a “complete” application. Jennifer Metzger, from the REC, noted the importance of the environmental commission having the complete submission for their review and comments.
The Board noted that the proposed plan is not permitted in a residential zone and explained to the applicant that if they were to submit a “formal” application it would be denied and referred to the ZBA for a variance.
Joseph and Bette Mastro and Joseph Acquisto #2007-26 Lot Line Adjustment
Mr. Mastro presented the application to the Board for a lot line adjustment for the transfer of land between himself and his neighbor Mr. Acquisto. The transfer is to consist of a 0.381 acre parcel of Acquisto to be combined with the Mastro parcel.
The lot line does not require a public Hearing.
F.Greitzer made the motion to grant a Negative Declaration and stated where as, there has been no evidence presented to the Planning Board of any positive environmental impact requiring further investigation we offer a negative declaration pursuant to SEQRA and in accordance with section 617 of the state environmental code.
P.Perry seconded the motion.
Roll Vote: B.Liggan – Yes, J.Walsh – Yes, F. Greitzer – Yes, J.McEnrue-Yes,
J. Havranek– Yes, P. Perry – Yes, R. Morf – Yes, N. Mercurio-Yes.
Motion Carried.
P.Perry made the motion to grant conditional final approval approval pending the submission of the final maps, letter of authorization from Mr. Acquisto and the payment of final fees.
F.Greitzer seconded the motion.
Roll Vote: B.Liggan – Yes, J.Walsh – Yes, F. Greitzer – Yes, J.McEnrue-Yes,
J. Havranek– Yes, P. Perry – Yes, R. Morf – Yes, N. Mercurio-Yes.
Motion Carried.
Misc. Board Business:
Chairman Liggan explained that at the town Board Meeting on January 2, 2008, the Town Board adopted the Co-lead Agency Resolution. However, the Boards need to wait until the 30 day time limit runs out. As of this meeting, there has not been any response. There are 2 days left to receive comments in reference to Lead Agency Status.
J. Havranek stated that he saw no reason to adopt a new resolution for Co-lead Agency. He suggested letting the time expire for the letter of intent and then working out something with the Town Board.
Billy Liggan went over some of the guidelines for the Joint Board:
-The meeting’s would be the third Thursday of every month.
-12 member Board 5 from the Town Board, 7 from the Planning Board
-Sub-committee’s may be utilized by using members from the JERB.
-Quorum will be seven members representing both Boards. Majority would be a majority of BOTH Boards.
-Seven votes in order to pass.
-Motion must carry a majority of the Joint Board.
- Conflicts do not extend over multiple meetings.
-Record Keeping needs to be figured out.
It was suggested that whoever the new Planning Board Clerk is going to be, that they are also included in the meetings.
F.Greitzer made the motion that the Planning Board agrees with the Town Board to have a joint SEQRA review conditioned on the fact that we maintain the same planning consultants, CT Male, and the same legal counsel, Mary Lou Christiana.
J. Havranek noted that the memorandum of understanding has to be mutually agreeable by both Boards. That way it’s opened and fair. There are a ton of issues that need to be ironed out in a formal MOU. Not just two issues.
Public Notices would also have to be worked out.
Heidi Haynes suggested that it be the responsibility of the planning Clerk to handle most of the responsibilities of the paperwork.
F.Greitzer asked if anyone would second his motion.
Pete Perry said he would not second Freds motion and that if his motion is voted on, he would vote no.
Before the Board made any motion to adopt the resolution for Co-Lead Agency, Pete Perry made the following statement in reference to the issue:
1) The town has an established mechanism in place that handles the SEQRA process. That mechanism is the Planning Board. The Planning Board successfully navigates thru the SEQRA process with every single application it receives - which, by my estimate is 30-40 per year.
2) By including the Town Board as a co-lead agency we would be going against the precedent that has already been established in the Town of Rosendale. We have had other applications that required code and zoning revisions where the Planning Board was the sole lead agency. Co-housing, Natoli, and Iron Mountain are recent examples.
3) By including the Town Board as co-lead agency, we are introducing politics into a process that is purposely designed to be non-political. SEQRA is supposed to be non-political. This will be a long process, one that will certainly become a campaign platform at the next election of Town Council Members. This must be avoided.
4) I am fearful that we are opening the town up to litigation based on a conflict of interest - or at least a perceived conflict of interest due to what I understand and interpret as active participation by at least one, and as I understand it, actually two Town Board Members in an organization that is against this application. While I fully support the rights of opposition groups and concerned citizens to voice their opinions and in fact be part of the process - I believe it is unethical for members of the SEQRA lead agency to be active participants in said groups - just as I would find it unethical for members of support groups to be involved in the SEQRA decision making process.
Let me make it very clear that this in NOT intended to be personal in any way. I do believe that all Town Board members, and all Planning Board members have acted and will continue to act in what they believe is in the best interest of the town. Unfortunately I think some of them may be mistaken.
J. McEnrue agreed with everything that Pete stated. He was very concerned at the joint meeting about a statement made by a Town Board member that the Town Board should be involve for political reasons. That was very unsettling. This is not a political situation. Part of the reason the Town Board feels they should be involved is because they are elected and represent the voice of the people, hence “political” issues. The Planning Board is not a political entity.
R. Morf agrees that this makes the town vulnerable to litigation due to the possible “perceived” conflicts of interest.
J. McEnrue stated that if the Planning Board is having concerns regarding “perceived” conflicts of interest among the Board members, then what will interested parties believe?
J. Havranek suggested that if they have any board members with perceived conflicts of interest, then the Boards need to require full disclosure on the issues. Once the issues are discussed, it’s the boards determination whether the member should recuse or not. Disclosure is the most important thing. Disclosure is going to be one of the issues in the MOU. This will have to be ironed out.
C. Voss stated that per the DOS it is up to the Board to determine if the member should recuse or not. The issue is to be discussed.
J. Havranek also suggested that if the Board can not agree, they can always refer to the DOS to take a look at the issues. The Board should try to work it out themselves. J. Havranek also agrees with P. Perry’s statement except for one part. The Town Board is an involved agency and they do have approval powers.
Chairman, Billy Liggan read a proposed resolution (see HRVR file on record with Joan Jordan for copy).
F.Greitzer made the motion to accept the resolution.
Mana Jo Greene stated that she was not taking any of the “perceived conflict of interest” discussion personally. She reinforced her respect for all of the Board members and our consultants. She raised the issue of appointing the ethics board or officer. Ethics is a gray area. What actually happened is not what JulieAnne Pape reported, but was that early on when Canopy was having individual meetings with individual landowners , which I think that they were entitled to have, I participated in a meeting with Patrick Mcdonough and Nick Mercurio. I did this because there was so much discussion and I wanted to have some information so that I wasn’t just going on rumor. So I had a meeting and I said at that time that I would only meet with them once. Except for in a very public setting. N. Mercurio stated that they extended that invitation. Ms. Greene stated that what she agreed to do was to allow people to meet at the center at her home and at that first meeting she brought up:
Collaborative Land Use Planning guidebook by Karl Kehde , because I believe that it is a very good tool because people in the community and the developer can work things out. The group chose not to go that route and I did not attend any other meetings. I am not a part of a group in one way or another. This is distinctly so I could maintain my objectivity. I would say that to any ethics Board. I would want to be accountable even if it means that someone finds a reason for me to recuse myself. If that is the consensus of others, I would do that. The difference is that I had absolutely nothing to gain, only an opinion. I’m trying to listen and form an opinion like you are. I am an elected official therefore I have more direct accountability, but I will go by the rules of the community. I just want to be as straight forward as I can about my participation and I do think that there is a difference if I had something to gain like money. Then I could see a more legitimate conflict of interest. I wanted to clear the air about that one issue. It’s a matter of public record.
There was a statement made by Noell Damon. The statement was in reference to the meetings and the Save the Lakes group. She commended Ms. Greene for her statement and urged both boards to have full disclosure. She also stated that Ms. Greene is not affiliated with the Save the Lakes group.She urged the Board to bring the issues up and let them be discussed. All Board members who have had any perceived conflicts should recuse themselves.
Jeanne Walsh made the following statement:
The Save the Lakes group went out of their way to crucify and spread rumors about me. Nobody ever came and asked me about anything. I was very clear from day one about any contact that I had with canopy.I have never, ever done anything unethical in regard to Canopy. And I recused myself because of “PERCEPTION”. I just went to a New York State Planning Federation seminar on ethics and everything that Mana just said would force you to recuse yourself. Even if you are not part of that group if you were on the Planning Board, you would be expected to recuse yourself. You might not have monetary gain and you might not think that as a Town Board member that would be grounds for recusal. But as a planning board member you would. Your not even supposed to go around saying that “I think this is a good project” or “I think this is a bad project”. Your not supposed to discuss any of that with the public, in any way, shape or form when you have a project in front of you. I recused myself from the Board not because I had monetary gain, not because I had any business dealings with Canopy but because I want the project to go through the process with out anyone saying that there is anything sneaky going on here. I would have been very happy to have recused myself before, but I had to wait until there was an official application in front of the Board. I attended two meetings with Canopy which the Town asked me to attend. I did not go seeking out Canopy. One was when the first came to the Town and said that this is the project that we would like to do. This is the normal process that sometimes happens. The second meeting was with the UCDC. They invited several Board members from the Planning Board, the Town Board, a member of the economic development committee was there and the Towns attorney. It was not a secret meeting, I have never made it a secret that they looked at my property. I have been very, very honest about that and discussed it with many people. I knew that the issue might have to require that I recuse myself. Which I planned on discussing it with my Board members and making a decision. Instead, I had all of these people telling stories and making up stuff about me that isn’t true and saying that I’m a liar and a cheat and that I have something going on with Canopy which wasn’t true. I never even met with them during that process. Their realtor talked to our realtor and that was ALL THAT EVER HAPPENED. So all that other stuff that was said was in retaliation from a member of Save the lakes that got fired by me because she was talking about me personally which I thought was totally unethical considering she was representing me in a legal transaction. When I fired her five minutes later the Save the Lakes website has my property listed as being part of the Canopy project. I made it very clear to the beach club that they could make a new beach club at my lake.
And I made it very clear at that time that Canpoy was not interested in buying my property or else I could not have offered it to the beach club. So, as for a “preceived’ interest in Canopy, I received legal counsel and I was NOT required to recuse myself. I was not gaining monetarily from canopy. I was tired of everyone attacking this Board and making them out to be something unethical. This is the same Board that does every other project in town and nobody seems to think there’s anything unethical then. Just by saying that everyone on this Board can’t do their job is just wrong. Just because some people want to preserve a place that they swim at does not give them the right to attack people personally. It’s wrong. The fact is that if you are a Town Board member and you plan on being a co-agency to this process and you have had some kind of dealing with this process, pro or con, your are not to be part of the decision making.
J. Metzer questioned the Article 78.
N. Mercurio stated that until the applicant filed an official application nothing that meets the definition of the department of states guidelines for a meeting took place. There was never a meeting, there was never a quorum of the board to conduct board business. Non of the gatherings met the criteria for a meeting.
It was explained to the public that it is perfectly ok for the public to question members of the Board in public.
Noell Damon objected with the former Supervisor Gallagher stating that the Canopy project was going to be great for the residents of the Town. She was offended that he would speak for the residents of the Town when an official application had not been filed. She was concerned with what type of lobbying efforts are going on in favor of the project.
J. Havranek urged Ms. Damon to come forward with her acquisitions. Have full disclosure for the Board. He wants to know what the facts are.
J.Walsh noted that there are differences ethical issues between the town board and Planning Board. Town Board officials are elected and are expected to campaign for their issues. Planning Board is not allowed to be pro or con applications. That is the difference.
F.Greitzer made the motion that the Planning Board agrees with the Town Board to have a joint SEQRA review conditioned on the fact that we maintain the same planning consultants, CT Male, and the same legal counsel, Mary Lou Christiana.(see file for copy of verbiage).
B.Liggan seconded the motion.
Roll Vote:
Nick Mercurio-Yes
Fred Greitzer-Yes
Randi Morf- Yes, Agrees with everything said but hopes that the MOU includes full disclosure and if eleven of the twelve people have a perceived conflict, the right thing would be done. I don’t want this to go to the DEC. I want it to stay in the Town . I will not stall the process, but I do have reservations.
J. McEnrue-Yes
Chairman, Billy Liggan – Yes, I believe that whatever we do we will get an Article 78.
Pete Perry-No, based on his statement earlier.
Joe Havranek-Yes, I would like to see that there is disclosure and I hope that the Save the lakes Group would supply us with the facts and get it out now. If they have any information, they need to come forward with it now.
Correspondence:
Letter dated 12/11/07 from Wapner Koplovitz & Futerfas PLLC Re:Williams Lake Resort.
Letter dated 12/18/07 from The Rosendale Commission for Conservation of the Environment Re: Wild Rose Subdivision.
P.perry made the motion to adjourn the meeting at 11:02 p.m.
R.Morf seconded the motion.
Roll Vote: B.Liggan – Yes, J.Walsh – Yes, F. Greitzer – Yes,
J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes. J. McEnrue-Yes
Motion Carried.
Meeting Adjourned
Respectfully Submitted,
Heidi Haynes
Planning Board Clerk
TOWN OF ROSENDALE PLANNING BOARD MINUTES
February 7, 2008
Chairman Billy Liggan called the meeting to order at 7:37 pm at the Rosendale Community Center, Rosendale, NY.
ROLL CALL: Chairman,Billy Liggan – Present
Randi Morf – Present
Jeanne Walsh – Present
Fred Greitzer – Present
John McEnrue – Present
Peter Perry – Absent ( Arrived @ 9 PM)
Joseph Havranek-Present
Nick Mercurio-Present
Charles Voss, C.T. Male Associates,Planning Board Consultant – Present
Dave Plante, C.T. Male Associates, Planning Board Consultant - Present
Minutes:
The minutes from the January 3, 2008 meeting were reviewed. The following amendments were made:
Page 5, Line 3 “ after the word conflicts strike of interest.
Page 6 Line 14 strike and voted on.
Page 6
J.McEnrue made the motion to accept the minutes as amended.
J. Havranek seconded the motion.
Roll Vote: B.Liggan – Yes, J.Walsh – Yes, F. Greitzer – Yes, J.McEnrue – Yes,
J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes.
Motion Carried.
Public Hearings:
None
Old Business:
Wild Rose #2006-17 Major Subdivision
Mike Moriello presented a letter to the board to allow a 62 day timeline default to be waived. Also submitted was a proposed stormwater district management plan. It will at some point require a Public hearing. Wild Rose does not want a determination of the district until after the SEQRA process is done.
Barry Meddenbach – Dug 2 or more sample test holes on every lot. Identified septic and reserve and conducted perk tests on all lots. The county inspector approved all sites and sites were suitable. We had substantial amounts of soil . This property was a sand and gravel mine. We did not hit bedrock on any site. All holes are man made, we have witnesses to that. The little pockets of “wetlands” are man made. All lots have adequate soils that meet state requirements.
J. Havranek – Depth of holes?
B. Meddenbach- 6 ft. – Systems are built at 2 ft.
J. Metzger- Types of soil?
B. Meddenbach- Most is sand groups, a little bit of clay. One area had a lot of clay the location was moved and a perk test was conducted.
J. Havranek- Do you know where your permit is at with the County?
B. Meddenbach- waiting for final maps and preliminary approval from this board.
J. Havranek- Karst issues, come to find in some respect is irrelevant if there is enough soil on top of the bedrock. The Health Dept has the final approval and is really their issue. It is a county approval to satisfy the public. The count is aware of the Karst issue and it is a huge expense to continue if the county is doing the same research. We need to draw the line on this issue. Recommend CT Male forward the report for Karst to the county.
Other issues – Right of way
Would like to send opinion out to town’s attorney. Can board alter and make approval when there is a property dispute?
Concerns – Plume, research on the superfund site in High Falls conducted by CT Male found there were organic compounds found. Numerous wells in the high Falls area were tested over a period of time and no findings were noted , the wells at Wild Rose will not be effected, the superfund site is 1 ½ miles from Wild Rose.
J. Havranek- Question to Mike Moriello will you prepare a Draft Negative Declaration?
Mike Moriello- Part two will be completed and presented to the board.
Richard Cusanno #2007-20 Minor Subdivision
Need to get a legal opinion from Marylou on whether or not Mr. Cusanno needs a Road Maintenance Agreement (RMA).
New Business:
Max Schimmrich #2008-1 Lot Line Adjustment
F.Greitzer –Motion to hold Public Hearing for next meeting pending submission by deadline. Pete Perry –seconded motion.
Roll Vote: B.Liggan – Yes, J.Walsh – Yes, F. Greitzer – Yes, J.McEnrue-Yes,
J. Havranek– Yes, P. Perry – Yes, R. Morf – Yes, N. Mercurio-Yes.
Motion Carried.
Misc. Board Business:
Correspondence:
R. Morf made the motion to adjourn the meeting at 10:05 p.m.
P. Perry seconded the motion.
Roll Vote: B.Liggan – Yes, J.Walsh – Yes, F. Greitzer – Yes,
J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes. J. McEnrue-Yes
Motion Carried.
Meeting Adjourned
Respectfully Submitted,
Leslie Treut
Planning Board Clerk
Planning Board Minutes
March 6, 2008
Chairman Billy Liggan called the meeting to order at 7:40 pm at the Rosendale Community Center, Rosendale, NY.
ROLL CALL: Chairman,Billy Liggan – Present
Randi Morf – Present
Jeanne Walsh – Absent
Fred Greitzer – Present
John McEnrue – Present
Peter Perry Present
Joseph Havranek-Present
Nick Mercurio-Present
Charles Voss, C.T. Male Associates, Planning Board Consultant – Absent
Dave Plante, C.T. Male Associates, Planning Board Consultant - Present
Minutes:
The minutes from the February 7, 2008 meeting were reviewed. The following amendments were made:
Page 2, Line 8 “strike may be, change to is irrelevant.
Peter Perry made the motion to accept the minutes as amended.
Randi Morf seconded the motion.
Roll Vote: B.Liggan – Yes, Peter Perry - Yes, F. Greitzer – Yes, J.McEnrue – Yes,
J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes.
Motion Carried.
Public Hearings:
Max Schimmrich-#2008-1 Lot Line Adjustment
Approved by board, No type two SEQRE requirement on this application.
Fred Greitzer Motion to close hearing at 7:45, seconded by John McEnrue
Roll Vote: B.Liggan – Yes, Peter Perry - Yes, F. Greitzer – Yes, J.McEnrue – Yes,
J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes
Old Business:
Wild Rose #2006-17 Major Subdivision
Mike Moriello addressed the board on the following issues
Public Hearing Transcript- submitted to board for review.
RCCE Letter- Letter states 30 acres instead of 80 acres, Mr Morielle states there was a typo regarding the acreage.
Also discussed issues concerning endangered species, Mr. Morielle stated it is a recommendation not a requirement to the DEC.
Fred Greitzer who is the liaison to the Ulster county Planning Board stated “someone “on the UCPB said Bog Turtles can only be found in April.
Right of way- awaiting Marylou Christiana’s response to the right of way issue
Karst-all issued have been addressed no further discussion on this matter.
Storm Water Management – awaiting information from Barry Meddenbach, then a Public Hearing can be scheduled.
Mr. Moriello and Board members read through the Draft EAF Part 2 and discussed each item line by line.
Ulster Cohousing #2007-18 Major Subdivision
Statement from Fred Greitzer which he would like on record as follows:
Last night after the UCPB meeting the #2 person on the staff who is a relative to the applicant approached me and said we (the Planning Board) were bias and giving the applicant a hard time because we were not in favor of the ownership structure.
I informed her this was not true on my part and pointed out the Wild Rose application as an example of convectional structure who were going through the same experience.
I was not comfortable and spoke several times with Chairman Liggans on this matter and felt that person like me can’t say a word about the application, I felt improperly influenced and informed the Director of County Planning that I was going to make a statement and put it on record. I feel the UCPB should be aware of this and Chairman Liggans has agreed to Email the director about this statement.
Issues that need to be addressed are Storm water and the Declaration of Restrictive Covenants.
A copy of the Declaration of Restrictive Covenants will be forwarded to the Town’s attorney for review.
Joe Havranek added to the minutes it was in detailed explained to the applicant the difference between conventional buildout verses cluster development and cluster development are subject to different regulations including 75-26 code and open space preservation is the main requirement.
New Business:
Dietz- #2008-2 Major Subdivision
Joe Havranek motioned to except SEQRA lead agency. Peter Perry seconded the motion
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P Perry- Yes-
J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes. J. McEnrue-Yes
F. Greitzer motioned a Public Hearing be scheduled for next month pending all information requested be submitted by deadline. John McEnrue seconded the motion.
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P Perry- Yes-
J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes. J. McEnrue-Yes
Ballincurry Woods #2008-3 Major Subdivision
Peter Perry motioned to except SEQRA lead agency. F Greitzer seconded motion
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P Perry- Yes-
J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes. J. McEnrue-Yes
F. Greitzer motioned a Public Hearing be scheduled for next month pending all information requested be submitted by deadline. R.Morf seconded the motion.
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P Perry- Yes-
J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes. J. McEnrue-Yes
Misc. Board Business:
Skystream Presentation – Wind Turbines
Correspondence:
None
F Greitzer made a motion to adjourn the meeting at 11:05 p.m.
P. Perry seconded the motion.
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P Perry- Yes-
J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes. J. McEnrue-Yes
Motion Carried.
Meeting Adjourned
Respectfully Submitted,
Leslie Treut
Planning Board Clerk
----------------------------------------------------------------------------
TOWN OF ROSENDALE
PLANNING BOARD MINUTES
April 3, 2008
Chairman Billy Liggan called the meeting to order at 7:35 pm at the Rosendale Community Center, Rosendale, NY.
ROLL CALL: Chairman, Billy Liggan – Present
Randi Morf – Present
Jeanne Walsh – Present
Fred Greitzer – Present
John McEnrue – Absent
Peter Perry - Present
Joseph Havranek- Present
Nick Mercurio- Present
Charles Voss, C.T. Male Associates, Planning Board Consultant – Present
Dave Plante, C.T. Male Associates, Planning Board Consultant - Present
Minutes:
The minutes from the March 6, 2008 meeting were reviewed. The following amendments were made:
Page 2, end of Ulster Cohousing paragraph add the following statement from Joe Havaranek “it was in detail explained to the applicant the difference between conventional build out verses cluster development and cluster developments are subject to different regulations including Rosendale town code 75-26 and open space preservation is the main requirement .
Joe Havranek made the motion to accept the minutes as amended.
Peter Perry seconded the motion
Roll Vote: B.Liggan – Yes, Peter Perry - Yes, F. Greitzer – Yes, J.Walsh – Obstained J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes.
Motion Carried.
Public Hearings:
Dietz- #2008-2 Major Subdivision
Several questions were asked from the Public on exactly where this property is located
This was addressed by the applicant and shown on the map.
John Rahl questioned the right of way/easement rights.
Joe Havranek suggested that Mr. Rahl submit his deed to the Town Attorney for review. It was recommended by the board that Mr Rahl’s Attorney, Mr Dietz’s Attorney and the towns Attorney review this matter and get back to the board.
John Masters asked weather an environmental impact study will be conducted?
Joe Havranek motioned the Public Hearing remain opened till May 1, 2008 for the purpose of additional public comments, including but not limited written concerns and any other concerns to Mr Rahl’s deed/ right of way claim. Randi Morf seconded the motion.
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P Perry- Yes-
J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes. J Walsh-Yes
Mr Deitz was informed the following information needs to be provided for next meeting:
Provide information to Town Attorney.
Contact NYDEC concerning endangered species on property
Inquiry to SHPO concerning the wetland issues- pictures need to be taken of property in all directions, storm water issues – no permit required.
Set up Escrow account-$2500.00
Ballincurry Woods #2008-3 Major Subdivision
Public Hearing Concerns about sewer and well water
F.Greitzer motioned to close the Public hearing, Randi Morf seconded motion
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P Perry- Yes-
J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes. J. Walsh-Yes
Storm water issues concerning runoff issues caused by the project. The board and Ct Male are requesting an engineers report.
Establish an Escrow Account of $2500.00.
Archeology study needs to be conducted – Letter sent awaiting reply
Old Business
Ulster Cohousing#2007-18 Special use Permit
Open space issues – concerning monuments needs to be iron out by Attorneys.
Attorneys to work out details regarding this application classification whether this application requires a Site plan Approval or a Plat Approval and what code this application falls under? Public Hearing is scheduled for April 17, 2008 @7:30 pm.
Motioned by F.Greitzer, second by P.Perry
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P Perry- Yes-
J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes. J. Walsh-Yes
Jobbis - #2008-4 Site plan
Lot line adjustment
Curb cut –driveway permit approved by DOT.
Type 2 SEQRE determination - the board classified the project as a type II action persistent to the state Environmental Quality Review Act. Motioned made by Joe Havranek to classify as a Type II action. Motioned seconded by R Morf.
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P Perry- Yes-
J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes. J. Walsh-Yes
Public hearing waived
J. Havranek motioned to waive Public Hearing, second by P.Perry
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P Perry- Yes-
J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes. J. Walsh-Yes
Applicant needs to file RMA with the County Clerks office.
Modify spaces on the Site Plan by removing 7 parking spaces.
Submit a new map and amend the application by April 17, 2008.
New Business
Pre application LeFevre Falls Mansion
The applicants are a Re entry House – Horizon Center
CT Male will check into the number of people allowed and the code which this application will fall under. Applicant needs to submit a application by April 17, 2008
Misc Business
B Liggans suggested to members to take advantage of courses being offered
New application forms – volunteers to work on finalizing forms
J Havranek, P. Perry and (Alt)B.Liggans volunteered..
Master Plan Zoning Codes
F.Greitzer, J. Havranek, N Mercurio, and B. Liggans (Alt) volunteered to review Zoning Codes.
Meeting adjourned @ 11:45 pm
Motioned by F.Greitzer, seconded by P.Perry
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P Perry- Yes-
J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes. J. Walsh-Yes
Respectfully Submitted,
Leslie Treut
Planning Board Clerk
TOWN OF ROSENDALE
PLANNING BOARD WORKSHOP
April 17, 2008
Chairman Billy Liggan called the Workshop to order at 7:45 pm at the Rosendale Community Center, Rosendale, NY.
ROLL CALL: Chairman,Billy Liggan – Present
Randi Morf – Present
Jeanne Walsh – Present
Fred Greitzer – Present
John McEnrue – Absent
Peter Perry – Absent
Joseph Havranek-Present
Nick Mercurio-Present
Gary Jacobson- Present
Charles Voss, C.T. Male Associates, Planning Board Consultant – Absent
Dave Plante, C.T. Male Associates, Planning Board Consultant – Present
Mary Lou Christiana, Esq. –Counsel, Town of Rosendale - Present
Minutes:
No minutes were reviewed at this workshop.
Public Hearings:
Ulster Cohousing # 2007-18 Major Subdivision
Numerous people from the public including Ken Adian, Ernie Shaw, Alonca Metzger and Mr Anderson voiced their concerns including ground water, wild life, traffic, construction time frame, blasting, fire/police protection, taxes over the project. Ellen Sribnick explained there were no changes from the last Public Hearing that this meeting was just a formality.
F.Greitzer –Motion to close Public Hearing J Walsh–seconded motion.
Roll Vote: B.Liggan – Yes, J.Walsh – Yes, F. Greitzer – Yes, G. Jacobson-Yes,
J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes
Old Business:
Part 2 of the Environmental Assement form was reviewed and completed and read line by line for the record.
R. Morf –Motion to accept completed EAF. J.Havranek- seconded motion.
Roll Vote: B.Liggan – Yes, J.Walsh – Yes, F. Greitzer – Yes, G. Jacobson-Yes,
J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes
Determination of Significance
For reasons that are elaborated in detail and in a written form (see attached Resolution # ) a Motion for a negative Declaration was made by F.Greitzer and J Havranek-seconded the motion.
Roll Vote: B.Liggan – Yes, J.Walsh – Yes, F. Greitzer – Yes, G. Jacobson-Yes,
J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes
RMA – Needs to be recorded on map for file
Declaration of Convenants
County Recommendations Motion to overrule county’s recommendations for Post office
Fire Hydrants- water system didn’t have the pressure to operate; a stand pipe was installed in the pond
F.Greitzer –Motion to over rule county’s requests. J Walsh-seconded motion.
Roll Vote: B.Liggan – Yes, J.Walsh – Yes, F. Greitzer – Yes, G. Jacobson-Yes,
J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes
Poll Vote taken for monumenting the property
Poll Vote: B.Liggan – Abstained, J.Walsh – Yes, F. Greitzer – Yes, G. Jacobson-Yes,
J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes
Conditional Site Plan Approval by Planning Board Motioned by R.Morf, seconded by J.Walsh
Roll vote: B.Liggan – Yes J.Walsh – Yes, F. Greitzer – Yes, G. Jacobson-Yes,
J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes. Motion carried. Conditional approval granted contingent on all conditions outlined in attached Memo from CT Male dated April 18, 2008 are met within the required time frame for conditional Site plan (set forth in 75-40) approval and prior to any building permits are issued .
Jobbis- #2008-4 Site Plan
F.Greitzer Motion to approve Site plan, seconded by R. Morf
Roll vote: B.Liggan – Abstained, J.Walsh – Yes, F. Greitzer – Yes, G. Jacobson-Yes,
J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes
J. Havranek and J. Walsh to sign maps
Misc. Board Business:
Discussion on who the Vice Chairman is for the board, B Liggan nominated Joe Havranek for the position
Roll vote: B.Liggan – Yes, J.Walsh – Yes, F. Greitzer – Yes, G. Jacobson-Yes,
J. Havranek– Abstained, R. Morf – Yes, N. Mercurio-Yes
Chairman Liggan informed the Board, William Janeway, Director of Region 3 will address the board at the next meeting scheduled May 1, 2008.
Correspondence:
None
F.Greitzer made the motion to adjourn the meeting at 11:05 p.m.
G. Jacobson seconded the motion.
Roll Vote: B.Liggan – Yes, J.Walsh – Yes, F. Greitzer – Yes, G. Jacobson –Yes
J. Havranek– Yes, P. Perry – Yes, R. Morf – Yes, N. Mercurio-Yes.
Motion Carried.
Meeting Adjourned
Respectfully Submitted,
Leslie Treut , Planning Board Clerk
TOWN OF ROSENDALE
PLANNING BOARD MINUTES
May 1, 2008
Chairman Billy Liggan called the meeting to order at 7:30 pm at the Rosendale Community Center, Rosendale, NY.
ROLL CALL: Chairman, Billy Liggan – Present
Randi Morf – Present
Jeanne Walsh – Excused
Fred Greitzer – Present
John McEnrue – Present
Peter Perry – Present
Joseph Havranek-Present
Nick Mercurio-Present
Charles Voss, C.T. Male Associates, Planning Board Consultant – Present
Dave Plante, C.T. Male Associates, Planning Board Consultant - Present
Minutes:
The Draft minutes from the April 3, 2008 meeting and the April 17, 2008 workshop were reviewed. The following amendments were made and the revised and final minutes are on record.
April 3- Meeting
Roll call change Jeanne Walsh to present not absent
Line 8 after the date add the following; for the purpose of additional public comments, including but not limited written concerns and any other concerns to Mr. Rahl’s deed/ right of way claim.
Page 2 line 6 strike the word draft add inquiry to before SHPO.
Page 2 line 30 after Type 2 SEQRE strike not required add determination - the board classified the project as a type II action pursuant to the state Environmental Quality Review Act. Motioned made by Joe Havranek to classify as a Type II action.
Page 2 line 38 change to file RMA with the County Clerk Office.
April 17, Workshop
Page 1 under Public Hearing add the following after numerous people ,including Ken Adian, Ernie Shaw, Alonca Metzger and Mr Anderson voiced their concerns including ground water, wild life, traffic, construction time frame, blasting, fire/police protection, taxes over the project.
Page 1 under Old Business: add Part 2 of the Environmental Assement form was reviewed and completed and read line by line for the record.
Add the following; Determination of Significance
For reasons that are elaborated in detail and in a written form, (see attached Resolution #2008-1), a Motion for a Negative Declaration was made by F.Greitzer and J Havranek-seconded the motion.
Page 2 Line 10 add -Motion carried. Conditional approval granted contingent on all conditions outlined in attached Memo from CT Male dated April 18, 2008 are met within the required time frame for conditional Site plan (set forth in 75-40) approval and prior to any building permits are issued .
April 3 Minutes
P.Perry made the motion to accept the minutes as amended.
N. Mercurio seconded the motion.
Roll Vote: B.Liggan – Yes, Peter Perry - Yes, F. Greitzer – Yes, J.McEnrue – Abstained,
J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes.
Motion Carried.
April 17 Workshop minutes
B Liggan made the motion to accept the minutes as amended.
R Morf seconded the motion Roll Vote: B.Liggan – Yes, Peter Perry - Abstained, F. Greitzer – Yes,
J.McEnrue – Abstained, J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes.
Motion Carried
Misc Business:
Mr. Janeway from the NYDEC introduced himself to the board. He thanked the board and expressed that he looks forward to working with the board in the future
Public Hearing
Dietz -#2008-2 Major Subdivision
Open April 3,2008 7:50 pm
Closed May 1 ,2008 7:58 pm
Carolee Schneemann- neighbor to the Dietz’s voiced her concerns about the traffic in the area. She also encouraged the building project.
J. Havranek suggested to Mr. Dietz to post signs
Mr. Dietz stated he is willing to post signs for a Pedestrian walkway.
F.Greitzer motioned to close the Public Hearing, P.Perry seconded the motion.
Roll Vote: B.Liggan – Yes, Peter Perry - Yes, F. Greitzer – Yes, J.McEnrue – Yes,
J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes
Motion Carried
Old Business:
Dietz -#2008-2 Major Subdivision
Fred Greitzer mentioned that the board received a letter from the Town’s Attorney stating there has been no response from Mr.Rahl or his Attorney by the deadline date of May 1, 2008
The Planning Board is going forward with this application
CT Male is requesting pictures of the property and any buildings so they can complete the letter to SHPO.
Ballincurry- #2008-3 Major Subdivision
Stormwater plan needs to be updated to include the recommendations from CT Male’s memo dated April 30, 2008.
EAF will also need to be amended pending the Stormwater changes
Awaiting NYSHPO to respond to the letter dated April 9, 2008 and a copy of the Phase I report
Follow up with DEC
New Business:
Verardi #2008-5 Special Use Permit
Applicant wants to put in an apartment in her dwelling, the board recommends Mrs.Verardi amend her application under town code # 75-28-(D)-(5)-(3).
Site Plan is required under town code 75-40.
Horizon Center -#2008-6- Special Use Permit
Joe Havranek suggested this application be classified, request the planners and the Town Attorney interprets which code this application should be classified.
CT Male will draft a letter to the Town’s Attorney
Once determined which code to follow the application needs to be amended, escrow account established and Site plan filed.
Marbletown Reviews:
Rockcliff House, Four Corners and Sharky’s Garage
J.Havranek motioned to recommend Marbletown Planning Board hold Public Hearings regarding applications that concern Rosendale residents within 250 ft , contact SHPO for historical references to the High Falls Historic District and to notify the Rosendale Planning Board on all findings, motion seconded by F.Greitzer.
Roll Vote: B.Liggan – Yes, Peter Perry - Yes, F. Greitzer – Yes, J.McEnrue – Yes,
J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes
Motion carried
Planning Clerk will construct a letter with the above concerns and forward to Marbletown Planning Board
F.Greitzer made the motion to adjourn the meeting @ 9:42 p.m.
J Havranek seconded the motion.
Roll Vote: B.Liggan – Yes, Peter Perry - Yes, F. Greitzer – Yes, J.McEnrue – Yes,
J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes
Motion Carried
Meeting Adjourned
Respectfully Submitted,
Leslie Treut
Planning Board Clerk©
Final
TOWN OF ROSENDALE
PLANNING BOARD MINUTES
June 5, 2008
Chairman Billy Liggan called the meeting to order at 7:35 pm at the Rosendale Community Center, Rosendale, NY.
ROLL CALL: Chairman, Billy Liggan – Present
Randi Morf – Present
Jeanne Walsh – Present
Fred Greitzer – Present
John McEnrue – Present
Peter Perry – Excused
Joseph Havranek-Present
Nick Mercurio-Present
Charles Voss, C.T. Male Associates, Planning Board Consultant – Absent
Dave Plante, C.T. Male Associates, Planning Board Consultant - Present
Minutes:
The Draft minutes from the May 1, 2008 meeting were reviewed. The following amendments were made and the revised and final minutes are on record.
Line 10 change the word persistent to pursuant.
Page 2 under Public Hearing change start to open, and stop to close. Joe Havranek would like to see the date and time added if /when the public hearing remains open
Under Misc Business, add additional comments made by Mr. Janeway to include the following ,He wants to build connections with other agencies, his agency is committed to working together and to he wants to keep communication open between all involved parties.
F Greitzer made the motion to accept the minutes as amended.
John McEnrue seconded the motion.
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, J.McEnrue – Yes,
J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes, Jeanne Walsh- Abstained
Motion Carried.
Misc Business:
Training Session held June 10, 6-9 pm on Flood Plain Mapping
Rosendale Recreation Center
Association of Towns Training held in New Paltz, July 17. Please submits applications to the clerk.
Public Hearing
None Scheduled
Old Business:
Wild Rose # 2006-2 Major Subdivision
Fred Greitzer motioned to refer the question to CT Male regarding the issue of Karst and whether a third party independent, review is required concerning the required level for a septic system for public health concerns. Seconded by Billy Liggans who opened for discussion.
Roll Vote: B.Liggan – No, F. Greitzer – Yes, J.McEnrue – No,
J. Havranek– No, R. Morf – No, N. Mercurio-No, Jeanne Walsh- No
Motion Not Carried
All information discussed and any new correspondence presented by the applicant needs to be incorporated in the Neg Dec.
The board reviewed two letters submitted after the Public Hearing. There was not any new information disclosed. The letters will not be entered into the records.
Horizon Center - #2008-6 Special Use Permit
The code for Horizon Center needs to be changed on application to reflect the following code SIC Code 836.
F.Greitzer made the Motion to determine Lead Agency for SEQRA as an unlisted action,-seconded by J.Havranek.
Roll Vote B.Liggan – Yes, F. Greitzer – Yes, J.McEnrue – Yes,
J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes, Jeanne Walsh- Yes
Motion Carried.
J.McEnrue read a Draft SEQRA Lead Agency Resolution.
(See attached Resolution for the record)
J. Havranek went through the requirements needed for a Site Plan established under Town Code 75-40 with the applicants.
A letter is required to the Highway Superintendent about the driveway enter and exit routes.
J.McEnrue made a motion to require the applicant to follow the addition requirements established in Town Code to include the following 5 D (1) and E 1,2,3,4- Filing fee’s. J Walsh seconded the motion.
Roll Vote B.Liggan – Yes, F. Greitzer – Yes, J.McEnrue – Yes,
J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes, Jeanne Walsh- Yes
Motion Carried.
Layout Requirements on building upgrades should be mentioned on Site plan.
Escrow account needs to be established for $3500.00.
New Business:
Save Them Now – Mr. Ronnie Wade –Pre Application/ Presentation
Location of proposed project is 46 Main St, Rosendale (Old Cigar Shop)
Project is for a 25 all male facility that focuses on facilitating men into jobs, and mainstream life style. The facility will be dormitory style, 3-5 staff on premises and a licenses social worker.
Local faith based groups sponsor this program as well as county sponsored.
Application /fee’s need to be submitted to the Planning board for further review.
F.Greitzer made the motion to adjourn the meeting @ 10:10 p.m.
R Morf seconded the motion.
Roll Vote: B.Liggan – Yes, J Walsh- Yes, F. Greitzer – Yes, J.McEnrue – Yes,
J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes
Motion Carried
Meeting Adjourned
Respectfully Submitted,
Leslie Treut
Planning Board Clerk©
Final
TOWN OF ROSENDALE
PLANNING BOARD MINUTES
July 3, 2008
Chairman Billy Liggan called the meeting to order at 7:35 pm at the Rosendale Community Center, Rosendale, NY.
ROLL CALL: Chairman, Billy Liggan – Present
Randi Morf – Present
Jeanne Walsh – Present
Fred Greitzer – Present
John McEnrue – Excused
Peter Perry – Present
Joseph Havranek-Present
Nick Mercurio-Present
Charles Voss, C.T. Male Associates, Planning Board Consultant – Absent
Dave Plante, C.T. Male Associates, Planning Board Consultant - Present
Minutes:
The Draft minutes from the June 5 meeting were reviewed The following amendments were made and the revised and final minutes are on record.
Page 1 change the date under Misc Business to read July 10 instead of July 10.
Page 2 Line 1 change to All information discussed and any new correspondence presented by the applicant needs to be incorporated in the Neg Dec.
Change SEQRE TO SEQRA where it applies.
F Greitzer made the motion to accept the minutes as amended.
J.Havranek seconded the motion.
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Abstained,
J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes, Jeanne Walsh- Yes,
Motion Carried.
Misc Business:
None
Public Hearing
None Scheduled
Old Business:
Wild Rose # 2006-2 Major Subdivision
Fred Greitzer motioned to refer the question to CT Male regarding the issue of Karst and whether a third party independent, review is required concerning the required level for a septic system for public health concerns. Seconded by Billy Liggans who opened for discussion.
Roll Vote: B.Liggan – No, F. Greitzer – Yes, J.McEnrue – No,
J. Havranek– No, R. Morf – No, N. Mercurio-No, Jeanne Walsh- No
Motion Not Carried
All information discussed and any new correspondence presented by the applicant needs to be incorporated in the Neg Dec.
The board reviewed two letters submitted after the Public Hearing. There was not any new information disclosed. The letters will not be entered into the records.
F.Greitzer made the motion to adjourn the meeting @ 8:50 p.m.
P. Perry seconded the motion.
Roll Vote: B.Liggan – Yes, J Walsh- Yes, F. Greitzer – Yes, J.McEnrue – Yes,
J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes
Motion Carried
Meeting Adjourned
Respectfully Submitted,
Leslie Treut
Planning Board Clerk©
Final
TOWN OF ROSENDALE
PLANNING BOARD MINUTES
Aug 7, 2008
Chairman Billy Liggan called the meeting to order at 7:35 pm at the Rosendale Community Center, Rosendale, NY.
ROLL CALL: Chairman, Billy Liggan – Present
Randi Morf – Present
Jeanne Walsh – Present
Fred Greitzer – Present
John McEnrue – Present
Peter Perry – Present
Joseph Havranek-Present
Nick Mercurio-Present
Charles Voss, C.T. Male Associates, Planning Board Consultant – Absent
Dave Plante, C.T. Male Associates, Planning Board Consultant - Present
Minutes:
The Draft minutes from the July 3 meeting were reviewed. The following amendments were made and the revised and final minutes are on record.
Page 1 under Old Business -Wild Rose remove the word Resolution and replace it with an assigned Number #2008-2, July 3, 2008.
Page 2 under Misc business third line change the word rural to neighborhood.
F Greitzer made the motion to accept the minutes as amended.
R.Morf seconded the motion.
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, N. Mercurio-Yes, J. Walsh- Yes, J. McEnrue – Abstained
Motion Carried.
Lukasavage- #2007-24a Minor Subdivision
Opened Hearing: 7:38 p.m. Aug 7, 2008
Public Hearing
Lukasavage- #2007-24a Minor Subdivision
Opened Hearing: 7:38 p.m. Aug 7, 2008
Closed: 8:30 p.m.
Mildred Ricky and Mrs.Moser residents of Creek Locks Rd. stated they have been without water for a full day due to the building on the proposed lots.
Laura Putnam stated there has not been any new drilling in the past three years; she has been a resident since 2001. Neighbors are concerns that this temporary situation will occur again with new building taken place on the property.
Motion was made by F.Greitzer to keep the Public Hearing open till 8:30 pm in order to hear any further comments concerning the water (wells) situation, J Havranek seconded the motion.
Roll Vote
B.Liggan – Yes, F. Greitzer – Yes P.Perry –Yes, J. Havranek– Yes, R. Morf – Yes,
N. Mercurio- Yes, J. Walsh- Yes, J. McEnrue- Yes
Motion Carried.
Old Business:
Dietz- #2008-2 Major Subdivision
Awaiting response from SHPO, and Letter from DEC concerning web site findings and questions concerning the Dietz property. Applicant will be put on next months agenda, paring all requested correspondence is received.
Lukasavage- #2007-24a Minor Subdivision
Public comments were discussed concerning the wells and other issues that were brought up during the Public Hearing.
A motion was made by P.Perry to approve the Minor Subdivision, seconded by J.Walsh.
Roll Vote
B Liggin- Yes, F. Greitzer- Yes, P.Perry- Yes, J.Havranek- Yes, R.Morf- Yes, N.Mercurio- Yes, J. Walsh- Yes, J. McEnrue- Yes
New Business:
Dyschuk - #2008- Special Use Permit
The applicants are requesting to use their property as a business to hold weddings and various outside activities, however the current codes are not allowed in the R1 District.
Forward positive recommendation to the Zoning Board for a Use variance to be allowed
Misc. Board Business:
The board reviewed the proposed Outdoor Woodburning Boiler Law, much discussion and concerns were brought up. Peter Perry recommended the Planning Board send a representative to the Aug 13th Town Board meeting. Joe Havranek agreed to attend the meeting as the Planning board Spokesman and voice the boards concerns and questions.
J.McEnrue made the motion to adjourn the meeting @ 9:55 p.m.
P. Perry seconded the motion.
Roll Vote:
B.Liggan – Yes, F. Greitzer – Yes P.Perry –Yes, J. Havranek– Yes, R. Morf – Yes,
N. Mercurio- Yes, Jeanne Walsh- Yes, John McEnrue – Yes
Motion Carried
Meeting Adjourned
Respectfully Submitted,
Leslie Treut
Planning Board Clerk©
TOWN OF ROSENDALE
PLANNING BOARD MINUTES
Sept 4, 2008
Chairman Billy Liggan called the meeting to order at 7:40 pm at the Rosendale Community Center, Rosendale, NY.
ROLL CALL: Chairman, Billy Liggan – Present
Randi Morf – Present
Jeanne Walsh – Present
Fred Greitzer – Present
John McEnrue – Present
Peter Perry – Present
Joseph Havranek-Excused
Nick Mercurio- Present
Gary Jacobson - Present
Charles Voss, C.T. Male Associates, Planning Board Consultant – Present
Dave Plante, C.T. Male Associates, Planning Board Consultant - Absent
Minutes:
The Minutes from Aug 7, 2008 meeting were reviewed and accepted as written.
F Greitzer made the motion to accept the minutes as written.
P. Perry seconded the motion.
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Excused, R. Morf – Yes, J McEnrue -Yes, J. Walsh- Yes , N. Mercurio - Yes
Motion Carried.
Public Hearing
None Scheduled
Old Business:
Wild Rose # 2006-2 Major Subdivision
Mr. Moriello stated all changes pertaining to the Neg Dec are incorporated from CT Male and the Town’s Attorney.
Mr. Martin Tully had personnel comments for the board, he was informed that public comments have seized at this time.
P. Perry made the motion to except the Resolution as amended, R. Morf seconded the motion. Roll Vote:
B.Liggan – Yes, F. Greitzer – No, P.Perry –Yes, J. Havranek– Excused, R. Morf – Yes,
J. McEnrue - Yes, J. Walsh- Yes, N. Mercurio - Yes
Motion Carried.
Ballincrry- #2008-3 Major Subdivision
Phase I report submitted to CT Male for review. Health application needed for lots 2 and 3
Stormwater management – concerns about water runoff and the culvers should be cleaned out and remain fee of debris
A motion was made by F. Greitzer to schedule a Public Hearing upon completion of application. Seconded by P. Perry
Roll Vote:
B.Liggan – Yes, F. Greitzer – Yes P.Perry –Yes, J. Havranek– Excused, R. Morf – Yes,
J. McEnrue- Yes, J. Walsh- Yes, N. Mercurio - Yes,
Motion Carried.
Misc. Business:
Chris Bell and Residents opposing Horizon Center
Chairman Liggan informed Mr Bell and the Residents opposing the Horizon Center that since neither applicant were on the Agenda that nothing will be added into records.
P. Perry made the motion to adjourn the meeting @ 8:52 p.m.
F. Greitzer seconded the motion.
Roll Vote:
B.Liggan – Yes, F. Greitzer – Yes P.Perry –Yes, J. Havranek– Excused Yes, R. Morf – Yes,
J. McEnrue- Yes, J. Walsh- Yes, N. Mercurio - Yes
Motion Carried
Meeting Adjourned
Respectfully Submitted,
Leslie Treut
Planning Board Clerk©
Final
TOWN OF ROSENDALE
PLANNING BOARD MINUTES
Oct 2, 2008
Chairman Billy Liggan called the meeting to order at 7:40 pm at the Rosendale Community Center, Rosendale, NY.
ROLL CALL: Chairman, Billy Liggan – Present
Randi Morf – Present
Jeanne Walsh – Present
Fred Greitzer – Present
John McEnrue – Excused
Peter Perry – Present
Joseph Havranek- Present
Nick Mercurio- Present
Gary Jacobson - Present
Charles Voss, C.T. Male Associates, Planning Board Consultant – Absent
Dave Plante, C.T. Male Associates, Planning Board Consultant - Present
Minutes:
The Minutes from Sep 4, 2008 meeting were reviewed and amended with minor spelling errors.
F Greitzer made a motion to accept the minutes as amended, R Morf seconded the motion.
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Abstained , R. Morf – Yes, J. McEnrue –Excused , J. Walsh- Yes , N. Mercurio - Yes
Motion Carried.
Public Hearing
None Scheduled
Old Business:
Dietz - # 2008-2 Major Subdivision
Motion was made by J. Havranek to adopt Part 2 EAF, seconded by F.Greitzer.
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes , R. Morf – Yes, J. McEnrue –Excused , J. Walsh- Yes , N. Mercurio - Yes
Motion Carried.
Motion was made by J.Havranek to issue a Negative Declaration Resolution, seconded by F. Greitzer
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes , R. Morf – Yes, J. McEnrue –Excused , J. Walsh- Yes , N. Mercurio - Yes
Motion Carried
Motion was made by J.Havranek to grant Final plat approval with the following conditions, seconded by F.Greitzer.
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes , R. Morf – Yes, J. McEnrue –Excused , J. Walsh- Yes , N. Mercurio - Yes
Motion Carried
The applicant should avoid impacts (including fill and excavation) to wetlands and other waters of the U.S. without first obtaining permits from the U.S. Army Corps of Engineers and the NYSDEC, associated with any potential improvements to existing culverts or crossings of wetlands delineated on the submitted plat by North & Houston.
All past and present outstanding escrow fees charged to the applicant with the Town of Rosendale shall be paid in full within 90 days of issuance of the Planning Board’s conditional approval.
Ballincurry- #2008-3 Major Subdivision
A motion was made by J. Havranek to adopt Part 2 EAF, seconded by R.Morf
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes , R. Morf – Yes, J. McEnrue –Excused , J. Walsh- Yes , N. Mercurio - Yes
Motion Carried
Motion was made by P.Perry to issue a Negative Declaration Resolution, seconded by F. Greitzer
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes , R. Morf – Yes, J. McEnrue –Excused , J. Walsh- Yes , N. Mercurio - Yes
Motion Carried
Motion was made by B.Liggan to grant Final plat approval with the following conditions, seconded by F.Greitzer.
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes , R. Morf – Yes, J. McEnrue –Excused , J. Walsh- Yes , N. Mercurio - Yes
Motion Carried
The applicant must coordinate any and all future engineering submissions for the site storm water design with C.T. Male Associates. The applicant shall coordinate any highway access permits and approvals with the New York State Department of Transportation. All submissions must be to the satisfaction of CTM’s reviewing engineer and the Town Planning Board.
The applicant shall provide the planning board with any future correspondence from NYSOPRHP regarding archeological, cultural or historical resources for the subject parcel.
All past and present outstanding escrow fees charged to the applicant with the Town of Rosendale shall be paid in full within 90 days of issuance of the Planning Board’s conditional approval.
New Business:
Stenta - #2008-8 Minor Sub division
New maps were brought to the meeting with the following recommendations from CT Male
1) Lot 2 can be described as a “Flag” lot and will have access to Grove Street via a 330/09’ strip of land along the eastern edge of the proposed new Lot #1. It appears that the front yard of the proposed flag lot only consists of approximately twenty-five (25) feet along Grove Street. The minimum front yard requirement for a lot in the R-2 district without sewer and water is thirty-five feet. The plat should be revised to show Lot 2 meeting the Town of Rosendale minimum front yard requirement.
2) The locations of wells and septic systems should be shown for all adjacent properties.
B.Liggans requested applicant to get a letter from the Highway Superintendent for a curb cut on Grove St.
A perc test is required with Board of Health approval.
Motion was made by F.Greitzer to schedule a Public Hearing for Nov 6, 2008, seconded by R.Morf
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes , R. Morf – Yes, J. McEnrue –Excused , J. Walsh- Yes , N. Mercurio - Yes
Motion Carried
Motion was made by J. Havranek to classify the project as an unlisted action (SEQRA), seconded by P.Perry
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes , R. Morf – Yes, J. McEnrue –Excused , J. Walsh- Yes , N. Mercurio - Yes
Motion Carried
Motion was made by J.Havranek to appoint the Planning Board as SEQRA lead agency
and is the sole body for an uncoordinated SEQRA review, seconded by P.Perry
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes , R. Morf – Yes, J. McEnrue –Excused , J. Walsh- Yes , N. Mercurio - Yes
Motion Carried
CT Male was requested to prepare a Draft Negative Declaration for next months meeting
Smith _ #2008-9 Special Use Permit
A bond is required also a letter is needed from the Highway Sup.
Endangered species are a concern on the property because of the neighboring parcels NYDEC needs to be contacted.
A Timber Harvesting Management plan needs to be submitted.
Copies of the current deeds for both properties need to be provided.
Public Hearing will be scheduled pending all the requirements are dealt with before the deadline of Oct 23, 08 /2 p.m.
Motion was made by F.Greitzer to schedule a Public Hearing for Nov 6, 2008, seconded by B.Liggan
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes , R. Morf – Yes, J. McEnrue –Excused , J. Walsh- Yes , N. Mercurio - Yes
Motion Carried
Misc. Business:
Pre Application Review -William Johnnes- Lot Line Adjustment
Mr. Johnnes was informed that the following needs to be submitted
New Application – Lot Line Adjustment
Updated Mylar Maps and 4 copies
Letter from the other property owner
Deeds for the current property owners
Misc. Business:
Fred Greitzer briefed the Planning Board on issues concerning the County Planning Board
1. Current proposed changes as of Jan 1, 2009-Subdivisions within 500 ft of neighboring town’s or 5 lots or more will have to go to the county for a referral.
2. Once a plan has been submitted to the County if significant changes occur it will have to be resubmitted for further review.
3. County Board denied Dyshuk’s Use Variance because the application did not consist of a hardship. Clerk will notify the applicants of the county’s decision.
Joe Havranek informed the board that there will be a Scoping Session 7 p.m.Oct 29, Rosendale Community Center with the NYDEC concerning Hudson River Valley Resort. He suggested all Board members to attend.
F.Greitzer made the motion to adjourn the meeting @ 9:50 p.m.
J. Havranek seconded the motion.
Roll Vote:
B.Liggan – Yes, F. Greitzer – Yes P.Perry –Yes, J. Havranek– Excused Yes, R. Morf – Yes,
J. McEnrue- Yes, J. Walsh- Yes, N. Mercurio - Yes
Motion Carried
Meeting Adjourned
Respectfully Submitted
Leslie Treut
Planning Board Clerk©
TOWN OF ROSENDALE
PLANNING BOARD MINUTES
Nov 6, 2008
Chairman Billy Liggan called the meeting to order at 7:35 pm at the Rosendale Community Center, Rosendale, NY.
ROLL CALL: Chairman, Billy Liggan – Present
Randi Morf – Present
Jeanne Walsh – Present
Fred Greitzer – Present
John McEnrue – Present (late)
Peter Perry – Present
Joseph Havranek- Present
Nick Mercurio- Present
Gary Jacobson – Excused
Charles Voss, C.T. Male Associates, Planning Board Consultant – Absent
Dave Plante, C.T. Male Associates, Planning Board Consultant - Present
Minutes:
The Minutes from Oct 2, 2008 meeting were reviewed and amended with minor spelling errors and the following added to Page 1 and Page 2 Negative Declaration was changed to Negative Declaration Resolution File #....
Page 3 Line 20 changed to read Draft Negative Declaration.
P.Perry made a motion to accept the minutes as amended, R Morf seconded the motion.
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, J. McEnrue – Abstained, J. Walsh- Yes.
Motion Carried.
Public Hearing
Stenta #2008-8 Minor Sub division
Start: Nov 6, 2008 7:40 pm
Stop: Nov 6, 2008 7:47 pm
No comments from the Public concerning this application
Motion was made by F.Greitzer to close the Public Hearing, seconded by P.Perry.
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, J. McEnrue –Yes, J. Walsh- Yes
Motion Carried
Old Business:
Stenta #2008-8 Minor Sub division
Items needed for next meeting and final approval
Updated maps presented to the board, total acreage of each lot needs to be on maps.
Verbal response from the Board of Health concerning perc test.
Road Maintenance Agreement
Deed description of the right of way
New Business:
Johnnes- #2008-11- Lot Line Adjustment
Motion was made by P.Perry to classify the project as a Type II action pursuant to SEQRA, seconded by J Havranek.
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, J. McEnrue –Yes, J. Walsh- Yes.
Motion Carried.
Motion was made by P.Perry to waive a Public Hearing, seconded by J.Havranek
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, J. McEnrue –Yes, J. Walsh- Yes.
Motion Carried
Motion was made for a conditional approval for the Lot Line Adjustment by P. Perry, seconded by R.Morf with the following conditions:
1) Current date and owners listed on maps
2) Copy of New deed with current owners.
3) A letter from current owners allowing Mr. Johnnes to represent them and to allow the Lot line adjustment on their property.
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, J. McEnrue –Yes, J. Walsh- Yes.
Motion Carried
Peace #2008-12 Minor Subdivision
Perc Test required with Board of Health approval
Revised Plat to show the following:
Project is a Minor Subdivision, Ground elevations
Include NWI (federal) wetlands and the 100 year floodplain (Zone AE) Show house, septic and well are not in the wet land area of the property set back requirements are 100 ft.
Letter from Highway Sup. to allow for right of way 25 ft off the road
Set up an Escrow Account in the amount of $2500.00 for CT Male reviews
Motion was made by P.Perry to classify the proposed project as an unlisted action pursuant to SEQRA, and for the planning board to act as lead agency for the project and conduct an uncoordinated SEQRA review, seconded by J.McEnrue
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, J. McEnrue –Yes, J. Walsh- Yes.
Motion Carried
Ballincurry- #2008-3 Major Subdivision
Motion was made by B.Liggan to rescind the final plat plan for a Major Subdivision approved Oct 21, 2008, seconded by P.Perry
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, J. McEnrue –Yes, J. Walsh- Yes.
Motion Carried
Motion was made by F.Greitzer to schedule a Public Hearing for the new subdivision map to include the lot revision, seconded by J.Walsh.
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, J. McEnrue –Yes, J. Walsh- Yes.
Motion Carried
Applicant has a second application Special Use Permit #2008-13 submitted which is pending approval of Application #2008-3
Applicant needs to submit a Site Plan and a SEQR Short Form EAF
ATT Towers –Maple Hill #2008-14 Special Use permit
Mr.Buckley representative for ATT informed the board of the upgrades on the existing towers on Maple Hill Dr which include 3 panels (antennas) 96 inches, 10 lbs more per panel
Existing panels are 72 inches.
Motion was made by P.Perry to waive the Public hearing, seconded by J. McEnrue
Roll Vote: B.Liggan – No, F. Greitzer – No, P.Perry – Yes, J. Havranek– Yes, R. Morf – No,
J. McEnrue –Yes, J. Walsh- No.
Motion did not carry
Motion was made by P.Perry to schedule a Public Hearing for next months meeting, seconded by F. Greitzer.
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes,
J. McEnrue –Yes, J. Walsh- Yes
Misc. Business:
Motion was made by R.Morf to approve the use of the new application forms, seconded by J.Havranek.
Roll Vote: B.Liggan – Yes, F. Greitzer – Abstained, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, J. McEnrue –Yes, J. Walsh- Yes
Motion carried
There is a letter to DEC from Supv McDonough concerning HRVR Scoping Comments requesting an extension, B.Liggan will comply a list of questions from the Planning Board members and forward it to Sup. Mc Donough.
J Havranek suggested that the Recreation Fees need to be reviewed on Major Subdivisions.
F.Greitzer made the motion to adjourn the meeting @ 9:50 p.m.
P. Perry seconded the motion.
Roll Vote:
B.Liggan – Yes, F. Greitzer – Yes P.Perry –Yes, J. Havranek- Yes, R. Morf – Yes,
J. McEnrue- Yes, J. Walsh- Yes,
Motion Carried
Meeting Adjourned
Respectfully Submitted,
Leslie Treut
Planning Board Clerk©
FINAL
TOWN OF ROSENDALE
PLANNING BOARD MINUTES
Dec 4, 2008
Chairman Billy Liggan called the meeting to order at 7:35 pm at the Rosendale Community Center, Rosendale, NY.
ROLL CALL: Chairman, Billy Liggan – Present
Randi Morf – Present
Jeanne Walsh – Present
Fred Greitzer – Present
John McEnrue – Present
Peter Perry – Present
Joseph Havranek- Present
Nick Mercurio- Present
Gary Jacobson – Present
Charles Voss, C.T. Male Associates, Planning Board Consultant – Absent
Dave Plante, C.T. Male Associates, Planning Board Consultant - Present
Minutes:
The Minutes from Nov 6, 2008 meeting were reviewed and accepted as written.
P.Perry made a motion to accept the minutes as written, J Havranek seconded the motion.
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, N Mercurio- Yes, J. Walsh- Yes.
Motion Carried.
Public Hearing
Ballincurry Major Subdivision- #2008-3
Start: Dec 4, 2008 7:42 pm
Stop: Dec 4, 2008 7:50 pm
Mr. Heenan explained there has been a major change to the plat which consists of changing the size of the lots to allow 2 family dwellings; (according to town code) he explained that the foot print of the homes will not be any bigger.
Mr. Heenan stated he shares access to an existing driveway with a neighbor. F. Greitzer explained a RMA will be required and the town’s attorney will need to look over the agreement. A conditional approval can be granted while awaiting attorney’s comments.
Lewis Boyd a neighbor asked about the big tree in the driveway area and weather it will be cut down
Mr.Heenan said he will like to save the tree at all cost.
Naja Krouse from the Town’s Environmental Committee asked about the wetlands issue
Mr. Heenan stated the wetlands issues have been mapped and the wetlands are located on both sides of the driveway and they will not be disturbed.
Motion was made by F.Greitzer to close the Public Hearing, seconded by N. Mercurio.
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, N Mercurio –Yes, J. Walsh- Yes
Motion Carried
Motion was made by J. Havranek to amend Negative Declaration Reference # 2008-3/ Dec 4, 2008, seconded by P. Perry
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, N Mercurio –Yes, J. Walsh- Yes
Motion Carried
Motion was made by P.Perry to accept the Negative Declaration Resolution #2008-3/Dec 4,2008
Seconded by J. Walsh
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, N Mercurio –Yes, J. Walsh- Yes
Motion Carried
Motion was made by N. Mercurio for Conditional Approval for the Ballincurry Major Subdivision to include a RMA and the following exiting conditions, seconded by R. Morf.
The applicant must coordinate any and all future engineering submissions for the site
stormwater design with C.T. Male Associates. In addition, the applicant shall
coordinate any highway access permits and approvals with the New York State
Department of Transportation. All submissions must be to the satisfaction of CTM’s
reviewing engineer and the Town Planning Board.
· The applicant shall provide the planning board with any future correspondence from
NYSOPRHP regarding archeological, cultural or historical resources for the subject parcel.
· All past and present outstanding escrow fees charged to the applicant with the Town
of Rosendale shall be paid in full within 60 days of issuance of the Planning Board’s
conditional approval, and that it is the understanding of the applicant that the escrow
account must continue to be replenished for the review of the Site Plan/Special Use
Permit application (Application No. 2008-13) by the Town’s consultants
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, N Mercurio –Yes, J. Walsh- Yes
Motion Carried
ATT Towers- Maple Hill # 2008-14 Site Plan Review
Start: Dec 4, 08 8:15 pm
Stop: Remained open
F Greitzer stated it was brought to his attention the structure is not in compliance with Federal law and that the Planning board should not consider this application.
The tower has lights that have been inoperative for several months; this is a FAA safety violation.
According to town code the tower needs to be inspected every two years and filed with the Town clerk Chairman Liggan stated he has requested information from the Town Clerk.
Richard Buckley, ATT representative explained in detail the proposed modifications to the existing tower which consist of 9 antennas coming down and 12 being replaced.
Several people from the Public were concerned about the wind load and the ice buildup on the proposed antenna changes and the impact they would have on the structure of the tower.
A structural report by a certified engineer needs to be submitted and a visual inspection needs to be performed before any maintenance can be performed.
Bob Morf a member of the Public suggested to the board that the Public Hearing remain open for another month in order for the applicant to provide the reports.
J. Havranek stated that a Visual Impact assessment is required from the applicant as stated in Town Code 75-28-14 (l).
Motion was made by J. Havranek to keep the public hearing open till next months scheduled meeting and to continue to accept written comments from the public, seconded by R. Morf.
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, N Mercurio –Yes, J. Walsh- Yes
Motion Carried
Applicant needs to provide the board with the following information:
Structural Report, Short Form EAF, Escrow account in the amount of $2000.00 and a
Visual Impact Assessment.
Copy of file needs to be submitted to the Environmental Committee as per Town Code.
Old Business:
Stenta #2008-8 Minor Sub division
Motion was made by J. Havranek to approve Resolution #2008-9/Dec 4, 2008- Determination of a Negative Declaration for Stenta Minor Subdivision, seconded by F. Greitzer.
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, N Mercurio –Yes, J. Walsh- Yes
Motion Carried
Motion was made by J Havranek to approve Part II, Short form EAF, seconded by F Greitzer.
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, N Mercurio –Yes, J. Walsh- Yes
Motion Carried
Motion was made by F. Greitzer to grant conditional approve for the Minor subdivision with the following conditions, seconded by R. Morf.
Verbal approval from the Board of Health regarding perc test.
Road Maintenance Agreement between lots 1 & 2 for review from the Town’s Attorney
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, N Mercurio –Yes, J. Walsh- Yes
Motion Carried
Peace #2008-12 Minor Subdivision
Perc Test required with Board of Health approval Pending
Set up an Escrow Account in the amount of $1000.00 for CT Male reviews
Report filed concerning Wetland Delineation to the US Army Corps of Engineers.
Motion was made by F.Greitzer to schedule a Public Hearing for Jan 08, 09, seconded by P. Perry.
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, N Mercurio –Yes, J. Walsh- Yes
Motion Carried
New Business:
Scotto #2008–15 Lot line Adjustment
Motion was made by F. Greitzer to waive a Public Hearing due to the size of the lots, seconded by P. Perry.
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, N Mercurio –Yes, J. Walsh- Yes
Motion Carried
Motion was made by J. Havranek to classify the project as Type II pursuant to SEQRA, seconded by F.Greitzer.
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, N Mercurio –Yes, J. Walsh- Yes
Motion Carried
Motion was made by R.Morf to approve the Lotline Adjustment, seconded by P.Perry
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, N Mercurio –Yes, J. Walsh- Yes
Motion Carried
Misc. Business:
County Planning Board report from Fred Greitzer –
Training Seminar, Tuesday Dec 9, 2008 7pm
Aerostar/ Sunoco
F.Greitzer recluse himself from this discussion because he had previously recluse himself from this application.
Chairman Liggan informed the board that Aerostar was granted a permit to increase the parking area and to park tanker trucks on the property. After further investigation by the Chairman and the Code Enforcement Officer it has been determined that this is not an Allowable use for a B2 district. There has been alteration to the property which was not on the original Site plan and there has not been an amendment to this plan.
J Havranek stated that the following issues need to be addressed
Allowable use – Bulk storage of petroleum products are not authorized in this district.
J. Havranek suggested that this board take pictures, write letters and submit these items to the Town’s Attorney.
Safety Issues, fenced area, lighting
Security Plan will need to be enforced by the proper authorities.
Owner modified his original Site plan without the Planning Board approval
Is this a permitted use for the district?
Chairman Liggan will compose a letter to the Code Enforcement
P. Perry made the motion to adjourn the meeting @ 9:55 p.m.
N. Mercurio seconded the motion.
Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, N Mercurio –Yes, J. Walsh- Yes
Motion Carried
Submitted by,
Leslie Treut
Planning Board Clerk©
FINAL
TOWN OF ROSENDALE
PLANNING BOARD MINUTES
Workshop Meeting
Dec 18, 2008
Chairman Billy Liggan called the meeting to order at 6:30 pm at the Rosendale Community Center, Rosendale, NY.
ROLL CALL: Chairman, Billy Liggan – Present
Jeanne Walsh – Present
Fred Greitzer – Present
John McEnrue – Present
Joseph Havranek- Present
Nick Mercurio- Present
Gary Jacobson – Present
Dave Plante, C.T. Male Associates, Planning Board Consultant – Present
Mark Howell #2006-2 (s)
2006-2 Esopus Cuisine Restaurant – Proposed Site Plan Supplement
Mark Howell was before the Rosendale Planning Board at their regular meeting on May 3, 2007, during which the board voted to approve Mr. Howell’s site plan application and issued a negative declaration of environmental significance pursuant to the New York State Environmental Quality Review Act (SEQRA). The original application before the board included the demolition of an existing structure and a “from-scratch”construction of an approximately 4,077 square foot, two-story restaurant located on-site at 713 Route 32 in Tillson.
Mr. Howell requested a special workshop meeting of the Town of Rosendale Planning Board for the purpose of considering a clarification to Mr. Howell’s approved site plan, specifying that modular construction is acceptable at the proposed project site. Mr. Howell proposes demolishing the existing structure and replacing it with a modular structure
Mr. Howell’s approved site plan detailed a development footprint of 27,974 square and floor area of 3,320 square feet.
His revised site plan, dated December 18, 2008, has no changes to the footprint or the floor area.
No changes to site septic, well, stormwater treatment retention, lighting, signage, ingress/egress/curb cuts or parking are proposed with the revised site plan.
No changes have been proposed for the height of the building.
The landscaping plan has been insubstantially changed, including the deletion of two bird’s nest pines plants to accommodate for the installation of a fire egress sidewalk.
R ecommended that building façade design standards should remain consistent with those previously approved by the Rosendale Planning Board.
Motion was made by F.Greitzer that the initial SEQRA Neg Dec still stands for the project as the proposed changes to the project will not result in a significant adverse impact to the environment, seconded by J. McEnrue.
Roll Vote- B. Liggan, Yes, J. Walsh, Yes, F. Greitzer, Yes, Joe Havranek, Yes,
J. McEnrue, Yes, N. Mercurio, Yes, G. Jacobson, Yes
Motion carried
Motion was made by F.Greitzer to approve a supplemental decision for the Esopus Cuisine LLC. amending Site Plan #2006-2(s) to allow prefabricated ,modular built structures, or other construction methods that result in completion of the building be substantially the same as presented previously and approved by the Rosendale Planning Board , seconded by N. Mercurio
Roll Vote- B. Liggan, Yes, J. Walsh, Yes, F. Greitzer, Yes, J. Havranek, Yes,
J. McEnrue, Yes, N. Mercurio, Yes, G. Jacobson, Yes
Motion carried
Recommended an escrow account in the amount of $ 500.00 be established.
Maps to include modular/ stick built
Lines on map for extention be removed
Motion to adjourn the meeting was made by F. Greitzer, seconded by J. McEnrue
Roll Vote- B. Liggan, Yes, J. Walsh, Yes, F. Greitzer, Yes, Joe Havranek, Yes,
J. McEnrue, Yes, N. Mercurio, Yes, G. Jacobson, Yes
Motion carried
Meeting adjourned @ 7 p.m.
Submitted by
Leslie Treut
Planning Board Clerk
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