Planning Board Minutes
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Final
TOWN OF ROSENDALE
PLANNING BOARD MINUTES
July 1, 2010
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 - Absent
Peter Perry - Excused
Joseph Havranek - Present
Nick Mercurio - Present
Dave Plante, C.T. Male Assoc. Present
Also Present: Manna Jo Greene -Town Board Liaison
Tanya Jurcic - Environmental Commission
Minutes:
The minutes from June 3, 2010 meeting were amended and corrected.
Motion made by F.Greitzer, seconded by J.Havranek.
Roll Vote: Billy Liggan – Yes, Joseph Havranek – Yes, Fred Greitzer –Yes, Jeanne Walsh – Yes. Nick Mercurio- Yes, Randi Morf – Abstained
Motion Carried.
Public Hearing:
Scott –Smith –Special Use Permit #2010-4
Open P/H. @7:47pm- July 1, 2010
Closed P/H @8:05 pm- July 1, 2010
Applicant is proposing to amend an existing Special use permit to allow the amount of residents on site from 4 to 6 which is allowed by code.
Applicant originally requested 4 residents because she had 5 children of her own residing in the home; applicant is trying to come into conformity at this time.
Public Comments:
Pauline questioned how is she licensees for 6 residents?
Pauline also commented on the previous flooding issues with the property.
Mr. Scott stated there is an Evacuation plan on file with the fire department
The Planning Board requested a copy be provided for the file.
No other comments were taken.
Scott’s need to provide the following documents to the Planning board for the file
1 Property Deed
2. Septic details
3. Evacuation Plan
Motion was made by F.Greitzer, seconded by R. Morf to close the Public Hearing
Roll Vote: Billy Liggan – Yes, Joseph Havranek – Yes, Fred Greitzer –Yes, Jeanne Walsh – Yes. Nick Mercurio- Yes, Randi Morf – Yes
Motion Carried
Refer to Ulster County Planning Board for review at their August meeting.
Old Business:
Planet Pet –Special Use Permit #2010-2
Applicants have not provided the information requested by the Planning Board from the May 2010 meeting.
The Planning Board requested the following information /detail be provided
- Noise –sound proof designs
- Parking Issues –workable solution
- Proper signage for parking and clean up of dog waste (to /from)
- Number of dogs (35)
An extension has not be requested
Motion was made by J.Havranek, seconded by R.Morf to deny this application because the requested issues have not been addressed by the applicants in the time allotted (62 days) per code.
Roll Vote: Billy Liggan – Yes, Joseph Havranek – Yes, Fred Greitzer –Yes, Nick Mercurio- Yes, Randi Morf – Yes
Motion Carried
Taylor Minor Subdivision #2009-13
Prior conditional approval was for 62 days after close of Public Hearing, after further research in the Town Code the Code reads 180 days, the Conditional approval will reads as follows:
Final Plat approval provided that all health and safety violations are corrected to the satisfaction of the CEO in accordance with all applicable Town and State codes and will expire within 180 days of the granting of the conditional approval unless such requirements have been certified as completed or an extension of time has been granted as set forth in Town code 60 -39B (3).
Chairman Liggan stated this change does not supersede the Code Enforcements compliance date of June 30, 2010.
Cellco Partnership d/b/a Verizon Wireless –Special Use Permit #2010- 1
Motion was made by J. Havranek, seconded by J.Walsh to declare the Rosendale Planning Board lead agency in the SEQRA review.
Roll Vote: Billy Liggan – Yes, Joseph Havranek – Yes, Fred Greitzer –Yes, Nick Mercurio- Yes, Randi Morf – Yes, Jeanne Walsh – Yes
Motion Carried
Dave Plante read the SEQRA Full EAF Part II.
Jeanne has concerns about the design of the building to be erected, Scott will check with building designers to see if there are any other options.
Randi asked to have the distance between the Maple Hill tower and the proposed tower on Davis Rd measured.
Motion was made by F.Greitzer, seconded by J.Havranek to issue a Determination of a Negative Declaration of Environmental Impact for this application.
Roll Vote by the Board Secretary:
Planning Board Chairman Liggan: Yes
Planning Board Member Havranek: Yes
Planning Board Member Walsh: Yes
Planning Board Member Morf: Yes
Planning Board Member Greitzer: Yes
Planning Board Member Perry: Absent
Planning Board Member McEnrue: Absent
Planning Board Alternate Mercurio: Yes
Motion Carried
Motion was made by F.Greitzer, seconded by J.Havranek to schedule a Public Hearing for August 5, 2010
Roll Vote: Billy Liggan – Yes, Joseph Havranek – Yes, Fred Greitzer –Yes, Nick Mercurio- Yes, Randi Morf – Yes, Jeanne Walsh – Yes
Motion Carried
Motion was made by F. Greitzer, seconded by R.Morf to forward this application to the Ulster County Planning Board for review.
Roll Vote: Billy Liggan – Yes, Joseph Havranek – Yes, Fred Greitzer –Yes, Nick Mercurio- Yes, Randi Morf – Yes, Jeanne Walsh – Yes
Motion Carried
Complete application will be provided by Scott Olson to be forwarded to the UCPB.
Correspondence:
None
Misc. Business:
Chairman Liggan signed the MOA and Leslie will forward original signed document to County.
Members discussed the proposed ZRC codes changes, all members have copies and are asked to review and make comments and forward comments to Chairman Liggan.
Billy would like all members of the Planning Board to have time to review these proposed changes.
Comments will be reviewed and complied at next month’s meeting and forwarded to the Town Board.
Motion was made by Fred Greitzer to adjourn the meeting.
Roll Vote: Billy Liggan – Yes, Joseph Havranek – Yes, Fred Greitzer –Yes, Nick Mercurio- Yes, Randi Morf – Yes, Jeanne Walsh – Yes
Motion Carried
Meeting adjourned @10:25
Next Planning Board Meeting is scheduled for August 5, 2010
Leslie Treut
Planning Board Clerk
Final
TOWN OF ROSENDALE
PLANNING BOARD MINUTES
June 3, 2010
Chairman Billy Liggan called the meeting to order at 7:33 pm at the Rosendale Community Center, Rosendale, NY.
ROLL CALL Chairman Billy Liggan- Present
Randi Morf - Excused
Jeanne Walsh - Present
Fred Greitzer - Present
John McEnrue - Present
Peter Perry - Present
Joseph Havranek - Present
Nick Mercurio - Present
Dave Plante, C.T. Male Assoc. Present
Also Present: Manna Jo Greene -Town Board Liaison
Sandy Petersen - Environmental Commission
Dave Massimi- Code Enforcement Officer
Minutes:
The minutes from May 6, 2010 meeting were reviewed and accepted as amended.
Motion made by J. Havranek seconded by F. Greitzer.
Roll Vote: Billy Liggan – Yes, John McEnrue - Yes, Joseph Havranek – Yes, Fred Greitzer –Yes, Jeanne Walsh – Yes. Pete Perry -Abstained, Nick Mercurio- Abstained
Motion Carried.
Public Hearing:
Miller-Minor Subdivision -# 2009-17
Open P/H. @7:40pm
Closed P/H @7:45 pm
Public Comments:
Sheila Brady – Would like to know what is being done on the property.
Ted Dixon – Ask what the size of the combined lot is being proposed.
No other comments were taken.
Motion was made by J.McEnrue, seconded by P.Perry to close the Public Hearing
Roll Vote: Billy Liggan – Yes, John McEnrue - Yes, Joseph Havranek-Yes Fred Greitzer –Yes, Jeanne Walsh – Yes, Peter Perry – Yes, N. Mercurio – Yes
Motion Carried
Motion was made by P.Perry, seconded by J.McEnrue to approve the Minor Subdivision pending written comments from the County Planning Board.
Roll Vote: Billy Liggan – Yes, John McEnrue - Yes, Joseph Havranek-Yes Fred Greitzer –Opposed , Jeanne Walsh – Yes, Peter Perry – Yes, N. Mercurio – Yes
Motion Carried
Maps will be released upon payment to the town for the Subdivision fees.
New Business:
Scott –Smith –Special Use Permit #2010-4
Applicant is proposing to amend an existing Special use permit to allow the amount of residents on site from 4 to 6.
Motion was made by P.Perry, seconded by J.Havranek to classify the project as a Type II action pursuant to SEQRA.
Roll Vote: Billy Liggan – Yes, John McEnrue - Yes, Joseph Havranek-Yes Fred Greitzer –Opposed , Jeanne Walsh – Yes, Peter Perry – Yes, N. Mercurio – Yes
Motion Carried
Deed for property is needed for file
According to code a Public Hearing must be scheduled.
Motion was made by J.McEnrue, seconded by J. Walsh to schedule a Public Hearing for July
Roll Vote: Billy Liggan – Yes, John McEnrue - Yes, Joseph Havranek-Yes, Fred Greitzer –Yes , Jeanne Walsh – Yes, Peter Perry – Yes, N. Mercurio – Yes
Motion Carried
Motion made by Fred Greitzer, seconded by J.Havranek to send application to County for review.
Roll Vote: Billy Liggan – Yes, John McEnrue - Yes, Joseph Havranek-Yes, Fred Greitzer –Yes, Jeanne Walsh – Yes, Peter Perry – Yes, N. Mercurio – Yes
Motion Carried
Old Business:
Taylor Minor Subdivision #2009-13
Dave Massimi was present to discuss the situation at the Taylor property.
Mr. Massimi conducted an inspection of the said property on May 24 and returned on May 25 and took pictures of tires, furniture, appliances, and other debris
This amount of debris is in violation of Town code. A notice of apparent violation from the Code Enforcement Officer was issued to the Taylor’s for the illegal operation of a dump. Copies of this letter are in the applicants file.
Deadline for cleanup set by the CEO is June 30, 2010
Motion was made by F.Greitzer, seconded by P. Perry to close the Public Hearing on June 3, 2010 @8:25 pm.
Roll Vote: Billy Liggan – Yes, John McEnrue - Yes, Joseph Havranek-Yes, Fred Greitzer –Yes, Jeanne Walsh – Yes, Peter Perry – Yes, N. Mercurio – Yes
Motion Carried
Motion was made by F.Greitzer, seconded by J. McEnrue to give conditional Final Plat approval provided that all health and safety violations are corrected to the satisfaction of the CEO in accordance with all applicable Town and State codes and will expire within 180 days of the granting of the conditional approval unless such requirements have been certified as completed or an extension of time has been granted as set forth in Town code 60 -39B (3).
Roll Vote: Billy Liggan – Yes, John McEnrue - Yes, Joseph Havranek-Opposed, Fred Greitzer –Yes, Jeanne Walsh – Yes, Peter Perry – Yes, N. Mercurio – Yes
Motion Carried
Correspondence:
None
Misc. Business:
Pre- application Review – Gabriel Constantine
Mr. Constantine is checking into the possibility of purchasing property on Route 213 and having an Antique/ Bakery Shop on the property.
Peter Perry suggested that applicant review the Town code 75-40 under Special Use
This property is located in a B1district and is allowable by code.
Manna Greene reminded the Planning Board of the upcoming meeting on June 16th with the ZRC and the Town Board
Joe requested to ask Patrick about the addition budget request to have CT Male review codes, labeled holes in code.
Motion was made by John McEnrue to adjourn the meeting.
Roll Vote: Billy Liggan – Yes, John McEnrue - Yes, Joseph Havranek-Yes , Fred Greitzer –Yes, Jeanne Walsh – Yes, Peter Perry – Yes, N. Mercurio – Yes
Motion Carried
Meeting adjourned @9:05
Next Planning Board Meeting is scheduled for July 1, 2010
Leslie Treut
Planning Board Clerk
Final
TOWN OF ROSENDALE
PLANNING BOARD MINUTES
April 1, 2010
Chairman Billy Liggan called the meeting to order at 7:32 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
Dave Plante, C.T. Male Assoc. Present
Also Present: Manna Jo Greene -Town Board Liaison
Sandy Petersen - Environmental Commission
Minutes:
The minutes from March 4, 2010 meeting were reviewed and accepted as amended.
Motion made by P.Perry seconded by J Havranek.
Roll Vote: Billy Liggan – Yes, Randi Morf –Yes, Nick Mercurio - Yes, Peter Perry –Yes, Joseph Havranek – Yes, Fred Greitzer –Yes, Jeanne Walsh – Abstained
Motion Carried.
Public Hearing:
Taylor Minor Subdivision #2009-13
Open P/H 7:35 p.m.
P/H remained open till June 3, 2010.
Billy Liggan has spoken with MaryLou and the concerns about the unidentified parcel have no impact on the subdivision.
Lemont was representing this application.
Mr. Taylor has spoken with Tom Fiore about the debris and feels this is a Building department issue and it has no bearing on the subdivision process.
Joe Havranek has taken pictures from the Spencer property line of the tires and debris on the Taylor property and would like them entered into the file. Joe stated this issue has not been addressed and is not being handled correctly by the Building Dept and a thorough inspection of the property needs to be conducted.
Joe stated an Action Plan needs to be established to include proof the tires and debris are disposed of properly and deposal is done in a timely matter.
Members are in agreement that these issues need to be complied with before any decision concerning the subdivision can be finalized.
Public Comments:
Paul Spencer –Does not have a problem with the subdivision, however he feels there are environmental issues with the tires and other debris, he is concerned with water contamination and he has seen rats on his property.
Mr. Taylor stated he could have the issue complied with by a June 3 ,2010 deadline if not sooner.
Stormwater runoff discussed and the different ways to contain water on applicant’s property.
Motion was made by J. Havranek, seconded by J. Walsh to keep the Public hearing open till June 3, 2010 and the applicant will provide an action plan, written proof of proper disposal of all waste and an inspection conducted by CT Male to confirm the clean up was done to an acceptable standard.
Roll Vote: Billy Liggan – Yes, Randi Morf –Yes, Nick Mercurio - Yes, Peter Perry –Yes, Joseph Havranek – Yes, Fred Greitzer –Yes, Jeanne Walsh – Yes
Motion Carried.
Fink #2009-19
SEQRA Long Form EAF Part II read by Randi Morf
Resolution – Determination of Negative Declaration of Environmental Impact #2010-1 April 1, 2010 read by Chairman Liggan and accepted by all present members.
Resolution is accepted and on file
Fink #2009-19 Special Use permit
Open P/H 8:14 p.m.
P/H remained open till May 6, 2010.
Mr. Fink and Mr. Drake representing application for Logging Permit
Public Comments
Annie Mardiney submitted a letter dated April 1, 2010 with concerns about the logging
David Daub –Skylake Lodge has 2 concerns
1) Shared dirt road –Hillcrest Lane, road is in bad condition, concerns about heavy logging trucks and other machinery
2) Request no logging allowed during the weekends -Meditation hours
Question arose on whether a bond can be requested on a Private Rd, Billy will check with Carl Hornbeck regarding Hillcrest Lane if it is a private road or town road.
Joe Havranek asked if there is a RMA with property owners. This can be worked out by property owners. RMA can be drawn up by a lawyer. Mr. Fink and Mr. Drake stated they will not log when conditions are wet. It had been previously discussed that Mr. Drake will document the condition of Mountain Rd prior to start of logging and after logging is completed, he will also include Hillcrest Lane.
Phyllis Noreen – Suggested if a DEC certified Forest official were involved all issues would be worked out and applicant would be protected. Her property is a 480A
Sandy Petersen- RCCE is reviewing the current logging code and how the process can be improved. Enforcement is a concern, looking for improvements on how to monitor logging operations.
Mr. Fink stated four truck loads have left the property to date, they are taking trees that are already down; they do not anticipate any logging during the summer months.
Nick is concerned about the bat habitats and the time frame when applicant will be harvesting trees.
Nov through March is suggested guidelines from DEC to not harvest trees in this area.
List of Public issues
- No operation during the weekends.
- School transportation hours
- Hillcrest Ln. – Bond issue
- Staging Issue – is located on applicants property
- Inspection of process – recommendation to Bldg Dept.
- Bat habitat – applicant will operate within DEC guidance
Motion was made by J.Havranek, seconded by P.Perry to keep Public hearing open till next month – May 6, 2010.
Roll Vote:
Roll Vote: Billy Liggan – Yes, Randi Morf –Yes, Nick Mercurio - Yes, Peter Perry –Yes, Joseph Havranek – Yes, Fred Greitzer –Yes, Jeanne Walsh – Yes
Motion Carried
Motion was made by J.Havranek, seconded by P.Perry to refer application to the County for review.
Roll Vote: Billy Liggan – Yes, Randi Morf –Yes, Nick Mercurio - Yes, Peter Perry –Yes, Joseph Havranek – Yes, Fred Greitzer –Yes, Jeanne Walsh – Yes
Motion Carried
New Business:
Tillson/Verizon Cell Tower-#2010-1
Scott Olson and Edward Frawley were present representing this application
Project is to construct an eighty-three (83) foot tall cellular communications tower located at 106 Davis Road in Tillson. The proposed project also includes the construction of a12’by 30’ equipment shelter.
Motion was made by Billy Liggan , seconded by Joe Havranek to recommend the project be classify as “Type 5” telecommunications facility in accordance with §75-28 (D)(14)(d)(2) of the Rosendale Town Code.
Roll Vote: Billy Liggan – Yes, Randi Morf –Yes, Nick Mercurio - Yes, Peter Perry –Yes, Joseph Havranek – Yes, Fred Greitzer –Yes, Jeanne Walsh – Yes
Motion Carried
Motion was made by Billy Liggan, seconded by Pete Perry to classify the project
as an “Unlisted Action” pursuant to SEQRA. passing a resolution declaring the Planning Board the intent to serve as SEQRA Lead Agency also conduct a coordinated SEQRA review with other involved/interested agencies that shall include, but are not limited to, the Rosendale Zoning Board of Appeals and the Ulster County Planning Board.
Roll Vote: Billy Liggan – Yes, Randi Morf –Yes, Nick Mercurio - Yes, Peter Perry –Yes, Joseph Havranek – Yes, Fred Greitzer –Yes, Jeanne Walsh – Yes
Motion Carried
Verizon Representatives will coordinate with CT Male on view shed areas of interest.
Motion was made by Billy Liggan, seconded by Fred Greitzer to allow CT Male
to schedule future dates with the applicant for the required Balloon Visual Test.
Roll Vote: Billy Liggan – Yes, Randi Morf –Yes, Nick Mercurio - Yes, Peter Perry –Yes, Joseph Havranek – Yes, Fred Greitzer –Yes, Jeanne Walsh – Yes
Motion Carried
Once a date is determined CT Male will inform the Planning Board members.
Application needs to be referred to the ZBA for a variance; applicants will wait till the Special Use is approved by the Planning Board before requesting a variance.
Manna Greene will check with the Town Board on the proposal that was formally proposed, also need to check with Terry Johnson on his knowledge of leasing the Water District’s Tower to Verizon.
Planet Pet Resort - #2010-2
Special use permit
Jeanne Walsh has recused herself from this application. Jeanne currently owns this property.
Applicant requesting a Special Use Permit and a preliminary site plan to the Planning to
convert the existing garage at 426 Main Street into an indoor/outdoor pet boarding and
grooming facility called “Planet Pet.” The property is currently served by public sewer
and water. The proposed project is classified as SIC Code 075, Animal Services (except
veterinary) which is allowed by special use permit in Rosendale’s B-1 zone.
Applicants are looking to make the building as “Green” as possible
Applicants looking to board total of 35 dogs and 10 cats maximum.
Board advised the applicants to inform the neighbors on their project so that there are no surprises once the Public Hearing is scheduled.
Board request applicants to find out if they have access rights to the property via Snyder Lane from Route 213.
Motion made by Billy Liggan, seconded by Joe Havranek to classify project as a Type II action pursuant to Section 617.5(c)(7) of SEQRA
Roll Vote: Billy Liggan – Yes, Randi Morf –Yes, Nick Mercurio - Yes, Peter Perry –Yes, Joseph Havranek – Yes, Fred Greitzer –Opposed Jeanne Walsh – Abstained
Motion Carried
Motion made by Billy Liggan, seconded by Peter Perry to refer application to the county
for review.
Roll Vote: Billy Liggan – Yes, Randi Morf –Yes, Nick Mercurio - Yes, Peter Perry –Yes, Joseph Havranek – Yes, Fred Greitzer –Yes, Jeanne Walsh – Abstained
Motion Carried
Motion made by Peter Perry, seconded by Fred Greitzer to schedule a Public Hearing for
May 6, 2010.
Roll Vote: Billy Liggan – Yes, Randi Morf –Yes, Nick Mercurio - Yes, Peter Perry –Yes, Joseph Havranek – Yes, Fred Greitzer –Yes, Jeanne Walsh – Abstained
Motion Carried
Correspondence:
None
Misc. Business:
None
Motion to adjourn the meeting @ 10:34 pm by Fred Greitzer, seconded by Peter Perry
Roll Vote: Billy Liggan – Yes, Randi Morf –Yes, Nick Mercurio - Yes, Peter Perry –Yes, Joseph Havranek – Yes, Fred Greitzer –Yes, Jeanne Walsh – Yes
Motion Carried
Next Planning Board Meeting is scheduled for May 6, 2010
Leslie Treut
Planning Board Clerk
Final
TOWN OF ROSENDALE
PLANNING BOARD MINUTES
March 4, 2010
Chairman Billy Liggan called the meeting to order at 7:34 pm at the Rosendale Community Center, Rosendale, NY.
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