Final
TOWN OF ROSENDALE
PLANNING BOARD MINUTES
Dec 3, 2009
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 - Present
Joseph Havranek - Present
Nick Mercurio - Present
Dave Plante, C.T. Male Assoc. Present
Also Present: Richard Minissali -Town Board Liaison
Joseph Liuni - Environmental Commission
Deborah Weltsch – Environmental Commission
Minutes:
The minutes from Nov 5, 2009 meeting were reviewed and accepted as written.
Motion made by P.Perry, seconded by R.Morf
Roll Vote: Billy Liggan – Abstained, Randi Morf –Yes, Jeanne Walsh – Yes, Fred Greitzer – Yes, Nick Mercurio - Yes,– Peter Perry –Yes , Joseph Havranek – Yes
Motion Carried.
Board member John McEnrue arrived and Joe Havranek was excused for the nights meeting.
Public Hearing:
Rowe – Major Subdivision #2009-11
Open P/H 7:43 p.m.
Closed P/H 7:47 p.m.
SEQRA determination – Negative Declaration read by Chairman Liggan – copy on file Part 2 EAF read /review by Chairman Liggan – copy on file
Motion was made by P. Perry, seconded by F. Greitzer to adopt the Negative Declaration
Roll Vote:
Billy Liggan – Yes, Randi Morf –Yes, Jeanne Walsh – Yes, Fred Greitzer – Yes, Nick Mercurio - Yes,– Peter Perry –Yes , John McEnrue – Yes
Motion Carried
Billy Signed Part 3 and copy of document on file.
Property will be divided into three lots
Public Comments from Deborah Weltsch asked if there will be clearing done on this property – concerned about State wetlands.
Steve Pauli from Brooks & Brooks stated - No clearing of land was planned and that the wetlands are at the extreme rear of the property and are clearly noted on the plat
No other comments were taken from the public
Motion was made by F.Greitzer to close the Public Hearing, seconded by J. McEnrue.
Roll Vote:
Billy Liggan – Yes, Randi Morf –Yes, Jeanne Walsh – Yes, Fred Greitzer – Yes, Nick Mercurio - Yes,– Peter Perry –Yes , John McEnrue – Yes
Motion Carried
Application will be sent to Ulster County Planning Board for referral.
Final approval pending UCPB determination / comments.
Need verbal or written approval from UCBOH
Marshke- Minor Subdivision -#2009-12
Open P/H 7:50 p.m.
Closed P/H 8:15 p.m.
Mr. Brewer brought updates maps for Board members
Public concerns were from Phyllis Noreen- she stated she did not receive a certified letter in the mail, clerk stated one was sent to her.
Phyllis has concerns if Mr. Brewer was following the stone wall located on her property for the survey?
Fred Lloyd – asked how many houses are proposed for this property?
Fred Lefkowitz – asked about the reinforcement rod shown on map
Billy Liggan stated – Rod is in place in the exact spot of the property line
Bruno Bevilacqua asked about run off with the proposed septic – in the past this has been a problem with excessive water runoff onto his property from the digging that has taken place.
No other comments were taken from the Public
Motion was made by F.Greitzer to close the Public Hearing, seconded by J. McEnrue.
Roll Vote:
Billy Liggan – Yes, Randi Morf –Yes, Jeanne Walsh – Yes, Fred Greitzer – Yes, Nick Mercurio - Yes,– Peter Perry –Yes , John McEnrue – Yes
Motion Carried
Application will be sent to Ulster County Planning Board for referral
Dietz – Special Use Permit # 2009-15
Open P/H 8:24 p.m
Closed P/H 8:50 p.m.
David Daub –neighbor located south of Dietz property
Asked why a special use permit requires a Public Hearing?
Board members responded that a Public hearing is required because of the zoning laws for this application.
Mr. Daub is also concerned about the 125 ft easement that is in the buffer zone, Mr. Daub stated that this area has been disturbed, he would like to see the soil restored, young conifers planted and the grade of the bank built up. There was a previous verbal agreement with the property owners concerning this easement and he would like that to be taken care of. Mrs. Dietz agreed and this will be taken care of.
Board members agreed this should be added to the current Site Plan and a 125 ft buffer will be added to the Final Plat.
No other comments were taken from the Public
Motion was made by F.Greitzer to close the Public Hearing, seconded by J. McEnrue.
Roll Vote:
Billy Liggan – Yes, Randi Morf –Yes, Jeanne Walsh – Yes, Fred Greitzer – Yes, Nick Mercurio - Yes,– Peter Perry –Yes , John McEnrue – Yes
Motion Carried
Application will be sent to Ulster County Planning Board for referral
Awaiting verbal/written comments from the UCBOH
Old Business:
Kong – Ricci Lotline Adjustment #2009-16
New deeds provided to the board members
Letter of Agreement between property owners needs to be provided
Application will be referred to UCPB for review
Taylor – Minor Subdivision #2009-10
After reviewing the map P. Perry stated that the Planning Board tries not to allow Flag lots and lots that do not have proper access.
RMA needs to be submitted and reviewed by P/B Attorney
Water and sewer for proposed house will be hooked to Town system.
Applicant needs to provide the following to the board
- Property needs to be delineated on map – show property owners names as Gordan Taylor, Irene and John Taylor.
- Right of way through Lot 1
- Show access to all parcels
- Clarify the use/ ownership of John Taylor Drive
- Address the issue with the unknown property (Title search)
Miller – Lotline Adjustment #2009-17
Application needs to be changed to a Minor Subdivision –reason is currently this parcel is only one lot.
Map need to be adjusted to show 50 ft frontage off of 4th Binnewater Rd.
Applicant will speak with the Highway Super concerning the Town road where his property is located.
New Business:
Coster – Lotline Adjustment #2009-18
Density Table added to map as required by code
Motion was made by R.Morf, seconded by P.Perry to classify this project as a Type II action pursuant to SEQRA
Roll Vote:
Billy Liggan – Yes, Randi Morf –Yes, Jeanne Walsh – Yes, Fred Greitzer – Yes, Nick Mercurio - Yes,– Peter Perry –Yes , John McEnrue – Yes
Motion Carried
Motion was made by F.Greitzer, seconded by P.Perry to schedule a Public Hearing for the next meeting in January 2010.
Roll Vote:
Billy Liggan – Yes, Randi Morf –Yes, Jeanne Walsh – Yes, Fred Greitzer – Yes, Nick Mercurio - Yes,– Peter Perry –Yes , John McEnrue – Yes
Motion Carried
Correspondence:
None
Misc. Business:
Billy asked for volunteers for the Association of Towns Conference held in February 2010. Names will be submitted to Supervisor
Motion to adjourn the meeting @ 10:05 pm by R.Morf, seconded by F. Greitzer
Roll Vote:
Billy Liggan – Yes, Randi Morf –Yes, Jeanne Walsh – Yes, Fred Greitzer – Yes, Nick Mercurio - Yes,– Peter Perry –Yes , John McEnrue – Yes
Motion Carried
Next Planning Board Meeting is scheduled for Jan 7, 2010
Leslie Treut ,Planning Board Clerk
Final
TOWN OF ROSENDALE
PLANNING BOARD MINUTES
Nov 5, 2009
Acting Chairman Joe Havranek called the meeting to order at 7:30 pm at the Rosendale Community Center, Rosendale, NY.
ROLL CALL; Chairman Billy Liggan- Excused
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: F Stop Town Board Liaison
Minutes:
The minutes from Oct 1, 2009 meeting were reviewed and accepted as written.
Motion made by J Walsh, seconded by R.Morf
Roll Vote: Randi Morf –Yes, Jeanne Walsh – Yes, Fred Greitzer – Yes, Joseph Havranek - Yes, Nick Mercurio - Yes,– Peter Perry -Abstained
Motion Carried.
Public Hearing:
Gallagher – Special Use Permit #2009-8
Open P/H 7:35 p.m.
Closed P/H 7:40 p.m.
Public Comments were from Doug Motel – Stated he is the closest neighbor and he likes the idea of having goats and chickens instead of the previous application for that property.
No other comments were taken from the public
Motion was made by F.Greitzer to close the Public Hearing, seconded by P. Perry.
Roll Vote: Randi Morf –Yes, Jeanne Walsh – Yes, Fred Greitzer – Yes, Joseph Havranek - Yes, Nick Mercurio - Yes, – Peter Perry –Yes
Motion Carried
Motion was made by R. Morf, seconded by P.Perry for final approval for the Special Use permit submitted by the Gallagher’s.
Roll Vote: Randi Morf –Yes, Jeanne Walsh – Yes, Fred Greitzer – Yes, Joseph Havranek - Yes, Nick Mercurio - Yes, – Peter Perry –Yes Motion Carried.
Motion was made by F.Greitzer, seconded by P.Perry to approve the Site Plan for March and Timothy Gallagher reference #2009-8.
Roll Vote: Randi Morf –Yes, Jeanne Walsh – Yes, Fred Greitzer – Yes, Joseph Havranek - Yes, Nick Mercurio - Yes, – Peter Perry –Yes Motion Carried
Landau - Special Use Permit # 2009-10
Open P/H 7:45 p.m.
Closed P/H 7:48 p.m.
Maylie’s (neighbors) were not in attendance but would like the following comments added to the records. “Just to let you know, we have talked to our neighbors about their application for change use and we are satisfied on what they plan to do. We will be in Florida during the public hearing”. Received by email on Oct 28, 2009.
No other comments from the Public.
Motion was made by F. Greitzer, seconded by N. Mercurio to close the Public Hearing
Roll Vote: Randi Morf –Yes, Jeanne Walsh – Yes, Fred Greitzer – Yes, Joseph Havranek - Yes, Nick Mercurio - Yes, – Peter Perry –Yes Motion Carried
Questions were asked by the board on lighting issues concerning the sign. Applicants have talked to the Building Inspector concerning permit.
Motion was made by P.Perry, seconded by F.Greitzer for conditional approval for Site Plan #2009-10.
Conditions are: if the applicant decides to add lighting to the sign, they will need to come back to the Planning Board for an amended Site plan to include cut sheet for proposed lighting (for the sign)
Motion was made by P.Perry, seconded by R. Morf for approval of Special Use Permit.
Roll Vote: Randi Morf –Yes, Jeanne Walsh – Yes, Fred Greitzer – Yes, Joseph Havranek - Yes, Nick Mercurio - Yes, – Peter Perry –Yes Motion Carried
Old Business:
Swarthout – Lotline Adjustment #2009-9
Deed language needed from Mr. Swarthout and Neighbor
New Business:
Rowe – Minor Subdivision #2009-11
For the record application should be a Major Subdivision because of the amount of lots involved in project.
Applicant to amend application and plat to read Major Subdivision
Cemetery on applicant’s property buffer line around Cemetery needs to be added to Plat
Deed lines need to be added to Plat
Wetlands need to be delineated on Plat (inset map)
Perk data and Board of Health approval required
Road access – Letter to Town Highway Super, find out if Curb cut is required
Second Deed for property. All items required to be submitted by Nov 19, 2009
Motion made by P.Perry, seconded by J. Walsh to classify the project as a Unlisted Action pursuant to Section 617.5(c)(3) of SEQRA.
Roll Vote: Randi Morf –Yes, Jeanne Walsh – Yes, Fred Greitzer – Opposed, Joseph Havranek - Yes, Nick Mercurio - Yes, – Peter Perry –Yes
Motion Carried
Motion was made by P.Perry, seconded by F.Greitzer to schedule a Public Hearing for the next meeting in December.
Roll Vote: Randi Morf –Yes, Jeanne Walsh – Yes, Fred Greitzer – Yes, Joseph Havranek - Yes, Nick Mercurio - Yes, – Peter Perry –Yes
Motion Carried
Marshke – Minor Subdivision #2009-12
Represented by Don Brewer
Septic and well need to be moved at least 200 ft from each other when the septic field is uphill from the well.
Motion made by F. Greitzer, seconded by P.Perry to declare Planning Board as the Lead Agency under SEQRA
Roll Vote: Randi Morf –Yes, Jeanne Walsh – Yes, Fred Greitzer – Yes, Joseph Havranek - Yes, Nick Mercurio - Yes, – Peter Perry –Yes
Motion Carried
Motion made by F. Greitzer, seconded by P.Perry to classify project as an Unlisted action pursuant to SEQRA.
Roll Vote: Randi Morf –Yes, Jeanne Walsh – Yes, Fred Greitzer – Yes, Joseph Havranek - Yes, Nick Mercurio - Yes, – Peter Perry –Yes
Motion Carried
Motion was made by F. Greitzer, seconded by P.Perry to schedule a Public Hearing for December 3rd
Roll Vote: Randi Morf –Yes, Jeanne Walsh – Yes, Fred Greitzer – Yes , Joseph Havranek - Yes, Nick Mercurio - Yes, – Peter Perry –Yes
Motion Carried
Short EAF read by Randi Morf for the Record
Mr. Marshke needs to sign the Short EAF form for the file
Dietz – Major Subdivision #2009-14
After decision with the Planning board – Mrs. Dietz decided to table the subdivision at this time
Dietz Special Use / Site Plan #2009-15
Building Inspector needs to sign off application
County Board of Health approval needed for the septic and well.
RMA needed from neighbors concerning Eddy Lane
Motion was made by F.Greitzer, seconded by P.Perry to classify the project as Type II action pursuant to SEQRA.
Roll Vote: Randi Morf –Yes, Jeanne Walsh – Yes, Fred Greitzer – Yes, Joseph Havranek - Yes, Nick Mercurio - Yes, – Peter Perry –Yes
Motion Carried
Motion was made by F.Greitzer, seconded by J. Walsh to schedule a Public Hearing for December 3, 2009
Roll Vote: Randi Morf –Yes, Jeanne Walsh – Yes, Fred Greitzer – Yes, Joseph Havranek Yes, Nick Mercurio - Yes, – Peter Perry –Yes
Motion Carried
Kong – Ricci Lot line Adjustment #2009-16
Need a letter form both parties saying they are in agreement with the Lotline adjustment
Deed description needed to include Mr. Ricci property
Map that was presented to the board did not show both lots involved surveyed.
Drinking wells / septic reserve and adjacent properties need to be shown on map.
Motion was made by J. Havranek, seconded by F.Greitzer to classify project as a Type II action pursuant to SEQRA.
Roll Vote: Randi Morf –Yes, Jeanne Walsh – Yes, Fred Greitzer – Yes, Joseph Havranek Yes, Nick Mercurio - Yes, – Peter Perry –Yes
Motion Carried
Motion was made by F. Greitzer, seconded by P. Perry to waive the Public Hearing
Roll Vote: Randi Morf –Yes, Jeanne Walsh – Yes, Fred Greitzer – Yes, Joseph Havranek Yes, Nick Mercurio - Yes, – Peter Perry –Yes
Motion Carried
Correspondence:
None
Misc. Business:
Board is requesting from Lawyer correspondence concerning the dates for the lawsuit Clerk will contact Marylou.
Board has concerns about the decision concerning Aerostar. Request that Dave Massimi and Marylou attend the next workshop meeting @6:30 pm Dec 3.
Fred requested clerk to contact Dept of State Commissioner on Open Government regarding executive session , is it legal to do with Lawyer present
Motion to adjourn the meeting @ 10:35 pm by F.Greitzer seconded by R.Morf
Roll Vote: Randi Morf –Yes, Jeanne Walsh – Yes, Fred Greitzer – Yes, Joseph Havranek Yes, Nick Mercurio - Yes, – Peter Perry –Yes
Motion Carried
Leslie Treut
Planning Board Clerk
Final
TOWN OF ROSENDALE
PLANNING BOARD MINUTES
Oct 1, 2009
Chairman Billy Liggan called the meeting to order at 7:40pm 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 - Absent
Joseph Havranek - Present
Nick Mercurio - Present
Dave Plante, C.T. Male Assoc. Present
Also Present: Manna Jo Greene Town Board Liaison
Minutes:
The minutes from Sept 3, 2009 meeting were reviewed and accepted as amended.
Motion made by F.Greitzer, seconded by R.Morf
Roll Vote: Bill Liggan -Yes, Randi Morf –Yes Jeanne Walsh – Yes, Fred Greitzer – Yes Joseph Havranek - Yes, Nick Mercurio - Yes,–
Motion Carried.
Public Hearing:
None
Old Business:
None
New Business:
Gallagher – Special Use Permit #2009-8
Applicants proposing to install a shed that will house goats and chickens
Current barn structure located on property will not be used to house livestock
Board suggested the following be added to site Map
Location of chicken coop/ shed
Location of garden – droppings from livestock will be used as compose
Well/ septic location
Fencing for livestock
Lighting is not an issue because the shed will not have electric hooked up to it.
Motion was made by J.Havranek seconded by F.Greitzer to classify the project as a Type II action pursuant to Section 617.5(c)(3) of SEQRA.
Roll Vote: Bill Liggan -Yes, Randi Morf –Yes Jeanne Walsh – Yes, Fred Greitzer – Yes Joseph Havranek - Yes, Nick Mercurio - Yes,–
Motion Carried
Motion was made by F.Greitzer, seconded by J, Walsh to schedule a Public Hearing for the next meeting in November
Roll Vote: Bill Liggan -Yes, Randi Morf –Yes Jeanne Walsh – Yes, Fred Greitzer – Yes Joseph Havranek - Yes, Nick Mercurio - Yes,–
Motion Carried
Complete application will be sent to UCPB for review
Cut off for submittal has past but Leslie will contact UCPB to see if applications will be accepted for review this month
Swarthout- Lotline Adjustment #2009-10
The applicant is proposing to transfer of a portion of property (0.449 acres) owned by
Mr. & Mrs. Thomas Mason to the lands of Mr. Gerard Swarthout via lot line adjustment
in an effort to bring the lands of the Mr. Swarthout’s property into conformance with
the minimum lot area for the A-zoning district (1.5 acres).
Property was currently owned by Mr. Scotto and his application was approved by the PB in Dec 2008, the maps were never filed with the county.
Motion was made by F. Greitzer, seconded by R. Morf to waive the Public Hearing
Roll Vote: Bill Liggan -Yes, Randi Morf –Yes Jeanne Walsh – Yes, Fred Greitzer – Yes Joseph Havranek - Yes, Nick Mercurio - Yes,–
Motion Carried
Motion was made by J. Walsh, seconded by F.Greitzer to classify the project as a
Type II action pursuant to SEQRA. The project is a Type II action pursuant to
SEQRA, no further SEQRA consultation is necessary
Roll Vote: Bill Liggan -Yes, Randi Morf –Yes Jeanne Walsh – Yes, Fred Greitzer – Yes Joseph Havranek - Yes, Nick Mercurio - Yes,–
Motion Carried
New deed description needs to coincide with the current maps submitted by the applicant
Complete application will be sent to UCPB for review
Landau -Special Use permit -#2009-10
The applicant proposes to utilize approximately 400 square feet of an ~3,000 square foot house for the purpose of pilates training
Motion was made by F.Greitzer, seconded by R.Morf to classify the project as a Type II action pursuant to Section 617.5(c)(1) of SEQRA.
Roll Vote: Bill Liggan -Yes, Randi Morf –Yes Jeanne Walsh – Yes, Fred Greitzer – Yes Joseph Havranek - Yes, Nick Mercurio - Yes,–
Motion Carried
Motion was made by F.Greitzer, seconded by J. Havranek to schedule a Public Hearing for the next meeting in November
Roll Vote: Bill Liggan -Yes, Randi Morf –Yes Jeanne Walsh – Yes, Fred Greitzer – Yes Joseph Havranek - Yes, Nick Mercurio - Yes,–
Motion Carried
Applicants asked to show placement of proposed sign on map
Complete application will be sent to UCPB for review
Correspondence:
None
Misc. Business:
Larsen subdivision issues are still unresolved, pending Marylou response on issues presented to her for review.
Planning Board needs to revisit Lot line adjustment code
Motion was made by J.Havranek, seconded by J.Walsh to authorize CT Male to review current Lotline Adjustment code and make recommendations to the board to clarify the code.
Roll Vote: Bill Liggan -Yes, Randi Morf –Yes Jeanne Walsh – Yes, Fred Greitzer – Yes Joseph Havranek - Yes, Nick Mercurio - Yes,–
Motion Carried
Motion was made by R.Morf, seconded by J. Walsh to authorize CT Male to review the definitions of Lot line Adjustment, Major Subdivisions and Minor Subdivisions
Roll Vote: Bill Liggan -Yes, Randi Morf –Yes Jeanne Walsh – Yes, Fred Greitzer – Yes Joseph Havranek - Yes, Nick Mercurio - Yes,–
Motion Carried
Motion to adjourn the meeting @ 9:30 pm by F.Greitzer seconded by R.Morf
Roll Vote: Bill Liggan -Yes, Randi Morf –Yes Jeanne Walsh – Yes, Fred Greitzer – Yes Joseph Havranek - Yes, Nick Mercurio - Yes,–
Motion Carried
Leslie Treut
Planning Board Clerk
TOWN OF ROSENDALE
PLANNING BOARD MINUTES
Sept. 3, 2009
Chairman Billy Liggan called the sub-committee meeting to order at 6:30pm at the Rosendale Community Center, Rosendale, NY.
ROLL CALL:
SUB-COMMITTEE:
Joseph Havranek Present
Bill Liggan Present
Jeanne Walsh Present
Fred Greitzer Present
Dave Plante - C. T. Male Present
J.Havranek and F.Greitzer asked how they should address to ZRC use of Sub-committees and work shops with less than a quorum to hold illegal sessions to get around open meetings law. F. Greitzer does not want to participate in illegal meetings. Jeanne feels it is their way to get rid of you so no one speaks against their ideas.
Fred asked what the ZRC was originally charged to do. The answer was to address ZBA/PB problems that arise from applications that are not covered in the code and come up with a solution that goes with the Comprehensive Plan.
ZRC wants the PB to do the frame work on the codes that are in need of possible revision.
Motion made by B. Liggan, seconded by J. Walsh that the Planning Board will take at least one item from the list of items to be revised each month to brainstorm..
Roll Vote: 4 Yes.
Motion made by B Liggin seconded by J Havranek to have C. T. Male contact Behan Associates to clarify the scope of work and collaborate on how the two consultants will interact Roll Vote: 4 Yes.
Motion by J. Walsh, 2nd by J. Havranek to start with # 4 (75-48(B)) & 5 from the list of codes to be reviewed and then do #2 (75-21). . Roll Vote; 4 Yes.
#4 already in the works, just need Mary Lou Christina to finalize draft changes to the County MOA.
#5 need comments from Leslie regarding application process.
#2 A future meeting is pending regarding this item with Planning Board members, Aero Star, Mike Moriello (attorney for Aero Star), Tom Fiore, Dave Massimi, and Patrick McDonough.
J.Walsh wants to know about items that come up in front of board that need to be addressed at that time not wait for the next list. It was stated that nothing is stopping the PB or ZBA from making a change and presenting it to the Town Board for a vote. If TB wants it to go to ZRC before voting that is up to them. B. Liggan stated #6 was done years ago by an Ad-Hoc committee that was set up by the supervisor at that time.
We need to invite Supervisor McDonough to the Oct. meeting and get something straighten out.
Chairman Bill Liggan then opened the Planning Board’s regular meeting at 7:30pm.
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
Dave Plante, C. T. Male Assoc. Present
Minutes:
The minutes from August 6, 2009 meeting were reviewed and motion to approve as written by F.Greizer, 2nd by R.Morf, with J.McEnrue Abstaining.
Roll Vote: Bill Liggan - Yes, Randi Morf - Yes, Jeanne Walsh - Yes, Fred Greitzer - Yes, Joseph Havranek - Yes, Nick Mercurio - Yes. Motion Carried.
Public Hearing:
None Scheduled
Old Business:
Wildrose #2006-17 Major Subdivision
Mike Moriello stated the Ulster County Health Department has issued approval and signed off. Applicant has signed all forms dated Sept. 3, 2009. The Town of Rosendale Planning Board Resolution and decision granting final subdivision approval was read by Billy Liggan.
Motion made by J Havranek to grant final subdivision approval, 2nd by J. Walsh.
Roll Vote: B. Liggan - Yes, R. Morf - Yes, J. Walsh - Yes, F.Greitzer - Yes, J. McEnrue - Yes, J. Havranek - Yes, N. Mercurio - Yes, Motion Carried.
Pape # 2009-2 Site Plan
Ulster County Planning Board issued a no impact statement.
John McEnrue wanted to know about the 3rd floor kitchen, Billy Liggan thought somewhere along the way that the 3rd floor kitchen was to be removed.
It is up to the building inspector/ code enforcement officer to make sure codes are followed, as to if kitchen is allowed on 3rd floor.
Motion was made by B Liggan, 2nd by F Greitzer to refer to Tom Fiore on the site plan.
Roll Vote: B. Liggan - Yes, R. Morf - Yes, J. Walsh - Yes, F. Greitzer -Yes, J. McEnrue - Yes, J. Havranek - Yes, N. Mercurio - Yes,
Motion carried.
Letter on file from Tom Fiore states Mr.Pape agreed to remove kitchen either way, if 2nd & 3rd floor is to be one apartment or 3rd floor to be left vacant.
Mr. Pape is to submit a letter to the Planning board what he proposes and the Planning Board will go to Tom Fiore for help with approval.
Tabled.
Town of Rosendale #2009-3 Minor Subdivision
Recommendations from the Ulster County Planning Board were for Public Access to the Rondout Creek.
Motion was made by B. Liggan, 2nd by J. Walsh. to override the request at this time because of lack of input by the DEC and Army Corp Engineers as to their requirements.. Roll Vote: B. Liggan - Yes, R. Morf - Yes, J. Walsh - Yes, F. Greitzer - Abstained, J. McEnrue - Yes, J. Havranek - Yes, N. Mercurio - Yes, Motion Carried.
In the future the town will be coming before the Board for a site plan review covered under 75-40 & 75-28.and this issue regarding public access will be addressed at that time.
Motion for approval of final plat for a minor subdivision by Randi Morf, 2nd by John McEnrue.
Roll Vote: B. Liggan -Yes, R. Morf - Yes, J. Walsh - Yes, F. Greitzer - Abstained, J. McEnrue - Yes, J. Havranek - Yes, N. Mercurio - Yes. Motion Carried.
ZRC -
Planning Board asked Supervisor McDonough if funding is available for C. T. Male if necessary for ZRC work that the planning board is doing. Also what is left in our budget?
Metsger/Lucas #2009-7 Lot Line Adjustment
Conditions of Road Maintenance Agreement were met. Copy provided by applicant for file.
Maps to be signed.
Motion was made by Joe Havranek, 2nd by Randi Morf to adjourn @ 9:00pm
Roll Vote: B. Liggan - Yes, R. Morf - Yes, J. Walsh - Yes, F. Greitzer - Yes, J. McEnrue - Yes, J. Havranek - Yes, N. Mercurio - Yes. Motion Carried.
Respectfully submitted;
Debra Tierney/Acting Planning Board Clerk
Final
TOWN OF ROSENDALE
PLANNING BOARD MINUTES
August 6, 2009
Chairman Billy Liggan called the meeting to order at 7:35pm 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 - Absent
Joseph Havranek - Present
Nick Mercurio - Present
Dave Plante, C.T. Male Assoc. Present
Minutes:
The minutes from July 2, 2009 meeting were reviewed and accepted as amended
Pages 2 under ZRC Subcommittee remove (3 planning board members).
Motion made by B. Liggan, seconded by J.Walsh. R.Morf and F.Greitzer abstained
Roll Vote: Bill Liggan -Yes, Joseph Havranek - Yes, Nick Mercurio - Yes, J. Walsh – Yes
Motion Carried.
Public Hearing:
None Scheduled
Old Business:
WildRose #2006-17 Major Subdivision
Mr. Moriello reviewed the comments from CT Male and Town’s Attorney and agrees with the recommendations.
Mr. Moriello will provide changes to the Resolution for next month’s meeting.
Due to the recent changes with the Ulster County Health Dept there are additional requires that need to be taken care of, Mike did not see a problem with these request. Health Dept approval is pending.
Map notes were added to the recent submitted maps. Maps on file in the applicants file.
Pape- 2009-2 Site Plan
Mr. Pape’s application went before the County Planning Board and the Planning Board is waiting on written recommendations, however Fred Greitzer stated that the verbal recommendation is no impact on the county. Mr. Pape’s application will be on the Agenda for September’s meeting.
New Business:
Metsger/Lukas- 2009-7 Lot line Adjustment
Updates were made to the maps as per CT Male’s recommendations.
A motion was made by J. Havranek to classify project as Type II pursuant to SEQRA part 617.(c)(12), seconded by F. Greitzer.
Roll Vote: Bill Liggan -Yes, Joseph Havranek - Yes, Nick Mercurio - Yes, J. Walsh – Yes, R Morf- Yes , F. Greitzer – Yes . All in favor.
A motion was made by J. Walsh to waive the Public Hearing, seconded by R. Morf.
Roll Vote: Bill Liggan -Yes, Joseph Havranek - Yes, Nick Mercurio - Yes, J. Walsh – Yes, R Morf- Yes , F. Greitzer – Yes . All in favor.
RMA was suggested be provided by the applicant, Mr. Lukas has contacted his attorney and will provide as part of his application.
Septic reserve needs to be shown on map
A motion was made by F. Greitzer for conditional approval, seconded by R. Morf.
Conditions are as follows:
- RMA be submitted with recommendations/ approval from Town Attorney
- Septic Reserve be included on final plat
Roll Vote: Bill Liggan -Yes, Joseph Havranek - Yes, Nick Mercurio - Yes, J. Walsh – Yes, R Morf- Yes , F. Greitzer – Yes . All in favor
Correspondence:
None
Misc. Business:
MOA
Memorandum of Agreement between Rosendale Planning Board and the Ulster County Planning Board comments are as followed from MaryLou
1. Page 1 delete the second Whereas paragraph which states that the UCPB is desirous to have additional time to review comprehensive plans, zoning laws, local laws and Type I actions.
2. Delete deadlines on page 2
3. Delete Schedule A in its entirety
A motion was made by R.Morf, seconded by F.Greitzer to authorize Billy Liggan to make further recommendations regarding the MOA with future modifications.
Roll Vote: Bill Liggan -Yes, Joseph Havranek - Yes, Nick Mercurio - Yes, J. Walsh – Yes, R Morf- Yes , F. Greitzer – Yes . All in favor
ZRC Sub committee
A motion was made by F.Greitzer, seconded by J.Havranek for the Planning Board to be added to the Town Boards Agenda scheduled for Aug 12 to discuss the Scope of Work presented by the ZRC Consultants- Behan Planning.
Roll Vote: Bill Liggan -Yes, Joseph Havranek - Yes, Nick Mercurio - Yes, J. Walsh – Yes, R Morf- Yes , F. Greitzer – Yes . All in favor
Review of Flood Damage Prevention Regulation
Patrick McDonough asked the Planning Board to review the proposed ordinance and to submit t changes to the Town Board.
A motion was made by J. Havranek, seconded by F. Greitzer to authorize CT Male to review and prepare exemptions and clarify the code for the proposed Flood Prevention Ordinance.
Roll Vote: Bill Liggan -Yes, Joseph Havranek - Yes, Nick Mercurio - Yes, J. Walsh – Yes, R Morf- Yes , F. Greitzer – Yes . All in favor
Members are recommending to the Town Board that the Public Hearing scheduled for Aug 12 be held open for written comments from the Planning Board.
A motion was made by F Greitzer, seconded by J. Havranek to meet for a workshop meeting Aug 12, 2009 @ 6 pm to review the proposed changes regarding the Flood Code Revision
Roll Vote: Bill Liggan -Yes, Joseph Havranek - Yes, Nick Mercurio - Yes, J. Walsh – Yes, R Morf- Yes , F. Greitzer – Yes . All in favor
A motion was made by F. Greitzer, seconded by B. Liggan to adjourn @ 9:25 pm
Motion Carried
Roll Vote: Bill Liggan -Yes, Joseph Havranek - Yes, Nick Mercurio - Yes, J. Walsh – Yes, R Morf- Yes , F. Greitzer – Yes . All in favor
Meeting adjourned @ 9:25 pm
Leslie Treut
Planning Board Clerk
Final
TOWN OF ROSENDALE
PLANNING BOARD MINUTES
July 2, 2009
Chairman Billy Liggan called the meeting to order at 7:35pm at the Rosendale Community Center, Rosendale, NY.
ROLL CALL; Chairman Billy Liggan- Present
Randi Morf - Excused
Jeanne Walsh - Present
Fred Greitzer - Excused
John McEnrue - Present
Peter Perry - Present
Joseph Havranek - Present
Nick Mercurio - Present
Dave Plante, C.T. Male Assoc. Present
Also Present: Tanya Jurcic- Town Environmental Commission
Terry Johnson – Water and Sewer Superintendent
Minutes:
The minutes from June 4, 2009 meeting were reviewed and accepted as written.
Motion made by J.McEnrue, seconded by J. Havranek
Roll Vote: Bill Liggan -Yes, John McEnrue – Yes, Joseph Havranek - Yes, Nick Mercurio - Yes, Peter Perry –Abstained, J. Walsh – Abstained
Motion Carried.
Public Hearing:
Town of Rosendale #2009-3 Minor Subdivision
Hearing opened @ 7:40 pm
Hearing closed @7:50 pm
Applicant wants to subdivide the 11.5 acres into two parcels and lease the smaller lot of 2.5 acres to the Rosendale Waste /Water District.
Updated maps provided by Patrick McDonough along with a memo from Brinner and Larios that will become part of the application on file.
There were no comments from the Public
Application will be forwarded to County Planning Board for referral
A motion was made to close the Public hearing by B.Liggan, seconded by P. Perry
Roll Vote: Bill Liggan -Yes, John McEnrue – Yes, Joseph Havranek - Yes, Nick Mercurio - Yes, Peter Perry –Yes, J. Walsh – Yes
Motion Carried
Motion was made by J. Havranek to submit the application for Creek Locks Subdivision to Ulster County Planning Board for referral, seconded by P.Perry
Roll Vote: Bill Liggan -Yes, John McEnrue – Yes, Joseph Havranek - Yes, Nick Mercurio - Yes, Peter Perry –Yes, J. Walsh – Yes
Motion Carried
Old Business:
WildRose #2006-17 Major Subdivision
Recommendations from the County included adding a bus stop area to the maps, this has been completed
Stormwater management plan reviewed by CT Male, suggestions are the Engineer report should be included in or attached to the Stormwater Agreement to be signed by the homeowners associations
A resolution will be drafted for final approval to include Phase 2; this will be sent to the Planning Board, MaryLou and CT Male
Mike Moriello is looking to have final approval from the Health Dept by the August meeting, he would like to have maps signed instead of a verbal from the Health Dept.
Pape- 2009-2 Site Plan
Packet has been sent to the UCPB for referral, no action can take place until the board receives comments from the county.
Correspondence:
None
Misc. Business:
Memorandum of Agreement between Rosendale Planning Board and the Ulster County Planning Board will be sent to Marylou for review and comments. .
ZRC Sub committee
J. Havranek suggested forming a ZRC subcommittee to work on code issues. Clerk can add this to the monthly Agenda or schedule workshop meetings as needed. Subcommittee will report back to the ZRC through its representatives on their progress.
Joe suggested that the Subcommittee meet either prior to or after the regular scheduled Planning Board meeting and follow the open law meeting rules.
Nick Mercurio gave the board a summary on the Foresty Seminar he attended. Some concerns that were brought up were the bat population, open space preservation and other concerns involving logging. Nick suggested giving a hand out to applicants applying for logging permits with these concerns.
Motion to adjourn @ 8:45pm by John McEnrue, 2nd by Pete Perry
Roll Vote: Bill Liggan -Yes, John McEnrue – Yes, Joseph Havranek - Yes, Nick Mercurio - Yes, Peter Perry –Yes, J. Walsh – Yes
Motion Carried
Meeting adjourned @ 8:45 pm
Leslie Treut
Planning Board Clerk
Final
TOWN OF ROSENDALE
PLANNING BOARD MINUTES
June 4, 2009
Chairman Billy Liggan called the meeting to order at 7:40pm at the Rosendale Community Center, Rosendale, NY.
ROLL CALL ; Chairman Billy Liggan- Present
Randi Morf - Present
Jeanne Walsh - Excused
Fred Greitzer - Excused
John McEnrue - Present
Peter Perry - Excused
Joseph Havranek - Present
Nick Mercurio - Present
Dave Plante, C.T. Male Assoc. Present
Also Present: Manna Jo Greene - Town Board Liaison
Naja Krause - Town Environmental Commission
David Massimo - CEO
Minutes:
The minutes from May 7, 2009 meeting were reviewed and accepted as amended.
Amended minutes on file.
Motion made by Bill Liggan, seconded by Randi Morf
Roll Vote: Bill Liggan -Yes, Randi Morf - Yes, John McEnrue - Abstained, Joseph Havranek - Yes, Nick Mercurio - Yes,
Motion Carried.
Public Hearing:
Pape #2009-2 Site Plan
Hearing opened @ 7:45pm
Applicant wants to convert a building from 1st floor office and upstairs apartment into 3 apartments. Mr. Pape now states it is to be only 2 apartments with one having 2 kitchens.
John McEnrue asked if Mr. Pape had an architect draw up plans that we could see.
Mr. Pape stated he could not afford to do this at this time. John also asked does this require a zoning change. Do you need exterior fire escape by law?
Mr. Pape said that he talked to Robert Smith of the NYS CEO, he is located in Kingston for this region and he said that the applicant does not need an exit from the third floor. Dave Massimi, the CEO, stated that he and Tom Fiore meet with Robert Smith and he stated that the third floor kitchen must be removed to make it legal if Mr. Pape does not want exterior fire escape. Mr. Pape said that a kitchen does not constitute a dwelling unit, so Mr Pape feels he can keep the kitchen and have tenant use interior stairs to exit. Bill Liggan said if kitchen is there then there would be more of a chance of fire. John McEnrue said if kitchen is left then the ability to make a 3rd apartment without anyone knowing is there.
Mr. Pape stated that if he chooses to file an Article 78 against the Town he would win. Mr Pape referred to a case against the Town of Saugerties.
Bill Liggan made the point that the third floor kitchen was put in without permits.
John McEnrue wanted to get it straight that what was wanted was to go from mixed use to 2 family dwelling. Dave Massimi says that is correct the building was bought as office & 1 apartment and now they want to make 2 apartments.
Joe Havranek asked if Mr. Pape brought the copy of the lease agreements that he was requested to bring. Mr. Pape said he forgot it. Once this is provided it will become part of the file.
Joe asked Dave is there anything about inspecting a multi dwelling building. Dave said only 3 families or more are in the code. Nick Mercurio wanted to know if fire doors would be required along with the fireproof sheetrock. Mr. Pape said that it was not need; the board said they felt it was needed.
We could give a conditional approval if he can make the building inspector happy. Kitchen issue on the third floor will be left up to the CEO Dept.
Revise site plan to show the following information
- Installation of fire proof sheetrock,
- Fire door, emergency egress windows.
- Copy of lease agreement for present and future tenants
Have paperwork and revised site plan turned in by the Planning Board’s deadline of June 18, 2009.
The first floor apartment will need to be handicapped adaptable. If this is not the county planning board will kick it back. Dave Plante said that this permit does not have to go to county because it is interior only and not need county road. Bill Liggan will call county to confirm.
Pari Ghani - who lives in the old school house behind the applicants building, said there is a parking problem that needs to be addressed. Robert Forrest of the same address agreed. They said that people who occupy Mr Pape’s building use their lot for parking. Town code 75.19 states general Parking Rule -- 1 space per unit.
Joe Havranek suggested Mr Pape incorporate this item in the lease agreement that there is 1 parking space per apartment (dwelling) and additional parking can be either on the street or in the municipal parking lot.
Manna wants the board to let the ZRC know that they need mixed use on east end of Main St. Manna suggested a formal letter be send to the ZRC.
Motion was made @ 8:31pm to leave the Public Hearing open by John McEnrue, 2nd by Randi Morf,
Roll Call: Bill Liggan - Yes, Randi Morf - Yes, Nick Mercurio - Yes, John McEnrue - Yes, Joe Havranek - Yes
Motion Carried.
Neil Struber #2009-5 Logging (Special Use Permit)
Hearing opened @ 8:32pm
Mr. Struber is looking for permission to log at 276 Mountain Rd. Rosendale on 22.8 acres of land.
Bill Liggan said our code states you must be on the DEC list of Harvesters to work in town. But Dave Massimi has informed us that the DEC no longer maintains that list. This does not matter in this case because Mr. Struber is a listed harvester. Livia Vanaver of 298 Mountain Rd. wanted to know how she would be guaranteed that only 2 or 3 of her trees would be removed. The board said that is why she signed a letter allowing Mr. Struber to log.
BATS - the caves are close by and the bats use old trees. We need to know you will not take those trees, the ones that are rotten. Neil stated he would only be harvesting healthy timber.
S. Lisowski - Why is this a special use permit? Bill Liggan explained because of the amount of trees and it is not his property.
Naja Kraus from the Environmental Commission ask about the equipment bringing in foreign species of micro inspects, etc. and what in anything do you do about it. Mr. Struber said that before he leaves the last project he rinses off his equipment.
Motion made for conditional approval by Bill Liggan, 2nd by John McEnrue
Conditions - 1) Highway Superintendent be notified 2 days prior to start.
2) Bond is submitted prior to start of logging.
3 Logging transport will not take place during the school bus transport hours.
4) All equipment will be cleaned before brought on property.
Roll Call: Bill Liggan - Yes, Randi Morf - Yes, Nick Mercurio - Yes, John McEnrue - Yes, Joe Havranek -Yes
Motion Carried
Motion to closed public hearing @ 8:47by John McEnrue, 2nd by Randi Morf
Roll Call: Bill Liggan - Yes, Randi Morf - Yes, Nick Mercurio - Yes, John McEnrue - Yes, Joe Havranek -Yes
Motion Carried.
A motion was made by John McEnrue 2nd by Randi Morf to accept the Harvest Management plan submitted by the applicant and have declared this plan will not have a significant environmental impact and a Draft Impact Statement will not be prepared and to accept Neg Dec under SEQRA part 617
Roll Call: Bill Liggan - Yes, Randi Morf - Yes, Nick Mercurio - Yes, John McEnrue - Yes, Joe Havranek -Yes
Motion Carried
New Business:
Larsen / Mohonk Preserve #2009-6 Lot Line Adjustment
Mr. Larsen would like to move his southern property line to give Mohonk Preserve 29.3 acres.
Steve Pauli was there to represent Mr. Larsen.
A Motion was made by Joe Havranek, 2nd by John McEnrue to classify the project as a Type II action pursuant to SEQRA.
Roll Call: Bill Liggan - Yes, Randi Morf - Yes, Nick Mercurio -Yes, John McEnrue -Yes, Joe Havranek -Yes
Motion Carried.
Motion to wave public hearing by John McEnrue, 2nd by Randi Morf
Roll Call: Bill Liggan - Yes, Randi Morf -Yes, Nick Mercurio -Yes, John McEnrue - Yes, Joe Havranek -Yes.
Motion Carried.
A Motion was made by Joe Havranek, 2nd by Randi Morf for conditional approval for a Lotline Adjustment with the following conditions.
1. That corrected maps show property of Brian Farmer.
2 Provide 1 mylar & 4 paper copies of updated maps for signatures
Roll Call: Bill Liggan -Yes, Randi Morf -Yes, Nick Mercurio -Yes, John McEnrue -Yes, Joe Havranek -Yes
Motion Carried.
Correspondence:
Letter from Dave Massimi to Frank Natoli – nothing has been done on the property pertaining to the Glare Shields. Joe & Bill brought up the landscaping issues that were part of the final conditions that have not been completed. Mr Natoli has not responded to Mr. Massimi letters.
Letter from UCPB about Wild Rose Subdivision - They need to have a school bus stop.
Misc. Business:
ZRC Update:
Joe Havranek reported a contract is being worked out with Behan Associates for the ZRC Planning Consultants.
Joe stated he would like the Planning Board members added to ZRC correspondence, if nothing else Joe feels Billy Liggan should be added to the email’s.
Motion to adjourn @ 9:12pm by John McEnrue, 2nd by Bill Liggan
Roll Call: Bill Liggan -Yes, Randi Morf -Yes, Nick Mercurio - Yes, John McEnrue- Yes, Joe Havranek -Yes.
Motion Carried
Deb Tierney
Acting Planning Board Clerk
Final
TOWN OF ROSENDALE
PLANNING BOARD MINUTES
May 7, 2009
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 – Excused
John McEnrue – Excused
Peter Perry – Present
Joseph Havranek- Present
Nick Mercurio- Present
Dave Plante, C.T. Male Associates, Planning Board Consultant – Present
Also present: Patrick McDonough- Town Supervisor
Dave Massimi Code Enforcement Officer
Joesph Liuni-Environmental Commission
Minutes:
The Minutes from April 2, 2009 meeting were reviewed and accepted as amended
Amended Minutes are on file.
B Liggan made a motion to accept the minutes as amended, P.Perry seconded the motion.
Roll Vote: B Liggan, - Yes, J Walsh- Yes, J. Havranek– Yes, P Perry - Yes, N Mercurio- Yes,
R.Morf- Abstained
Motion Carried.
Public Hearing
None
Old Business:
Pape – Site Plan Special Use #2009-2
A Motion was made by J Havranek to classify the project as a Type II action pursuant to SEQRA
Seconded by P. Perry
Roll Vote: B Liggan, - Yes, J Walsh- Yes, J. Havranek– Yes, P Perry - Yes, N Mercurio- Yes,
R.Morf- Yes
Motion Carried
A written letter and copies of complete application need to be forwarded to Terry Johnson –Water and Sewer Supt., Chief of Police, Highway Supt and County for review.
Question was asked to Mr. Pape concerning the fire escape from the third floor and what he proposes to install. Dave Massimi will check with the state to see what the codes call for.
A motion was made by B Liggan to schedule a Public hearing for the June meeting, second by
P. Perry
Roll Vote: B Liggan, - Yes, J Walsh- Yes, J. Havranek– Yes, P Perry - Yes, N Mercurio- Yes,
R.Morf- Yes
Motion Carried
Town of Rosendale – #2009-3 Minor Subdivision
Creek Locks property
Patrick McDonough representing the Town would like to subdivide the property located on Creek Locks Rd into two lots. Lot 1 (2.3 acres) will be retained by the Town and will be leased to the Rosendale Sewer District for use as a reed bed sewage treatment facility. Lot 2 will be retained by the Town for possible future development.
The Planning Board requested the following information be included on the maps
- Build able area
- Flood Zone
- Central Hudson – right of way
- Delineation of Wetlands
- Setback requirements-info on where the reed beds will be located (spec sheet)
- proposed building location
Patrick will be getting new maps showing the required information
A motion was made by P.Perry to classify the project as an unlisted action pursuant to SEQRA, seconded by J.Walsh.
Roll Vote: B Liggan, - Yes, J Walsh- Yes, J. Havranek– Yes, P Perry - Yes, N Mercurio- Yes,
R.Morf- Yes
Motion Carried
Final
TOWN OF ROSENDALE
PLANNING BOARD MINUTES
Apr 2, 2009
Chairman Billy Liggan called the meeting to order at 7:42 pm at the Rosendale Community Center, Rosendale, NY.
ROLL CALL: Chairman, Billy Liggan – Present
Randi Morf – Excused
Jeanne Walsh – Present
Fred Greitzer – Excused
John McEnrue – Excused
Peter Perry – Present
Joseph Havranek- Present
Nick Mercurio- Present
Dave Plante, C.T. Male Associates, Planning Board Consultant – Present
Also present: Patrick McDonough- Town Supervisor
Manna Jo Greene – Town Board Liaison
Minutes:
The Minutes from March 5, 2009 meeting were reviewed and accepted as amended
P. Perry made a motion to accept the minutes as amended, J Havranek seconded the motion.
Roll Vote: B Liggan, - Yes, J Walsh- Yes, J. Havranek– Yes, P Perry - Yes, N Mercurio- Yes,
Motion Carried.
Public Hearing
None
Old Business:
Wild Rose Major Subdivision #2006-17
The following documents were presented to the board for review and to bring the board up to date on the Wild Rose Subdivision.
Draft Stormwater Management Agreement
Draft Declaration of Covenants, Easements, Restrictions and Homeowners Agreement Recitals
Draft Offer of Cession
Draft Subdivision Improvement Agreement
WildRose Stormwater Maintenance Costs
CT Male Stormwater engineer Kathryn Serra reviewed the documents and made the following recommendations concerning the Stormwater Management Agreement
Operations and Maintenance Plan for the stormwater practices be prepared.
Recommended the plan be developed by a Professional Engineer licensed in New York
State.
This plan will give the HOA guidance on maintenance procedures and frequency of
this maintenance.
As currently written in the Draft Agreement, it is our opinion that the
text is too vague, which may result in the system being infrequently maintained, or only
maintained when a severe problem occurs. Having an O&M plan in place will also allow
the Town to determine when to "step in" and perform necessary repairs to the stormwater
management system if that system is not properly maintained.
During Phase II a private RMA will be offered to the Town pending approval from the Highway Sup, Building Inspector and the Town Board listing the town
Mr. Moriello will check with Mr Doyle to see if this application needs to go to the county for review
Ulster County Co-housing Major Subdivision #2006-10
A motion was made by J.Walsh to approve a one year extension for Site plan approved April 17, 2008 to expire on April 17, 2010 with the conditions to pay the balance of the escrow account in full by the end of October 2009. Seconded by J.Havranek.
Roll Vote: B Liggan, - Yes, J Walsh- Yes, J. Havranek– Yes, P Perry - Yes, N Mercurio- Yes,
Motion Carried
The applicant inquired about the possibility of triplex buildings instead of duplexes also inquired about increasing the density schedule by 10 %.
The applicant will eliminate the second cluster of single family dwellings. The site will consist of 29 Buildings 41 units and a Common house
The board informed the applicant that these changes will require a Site plan amendment
The applicant will have their lawyers refer to Town codes under Cluster development to see if these proposed changes are within code
Ballincurry Site Plan / Special Use Permit #2008-13
Application was reviewed by Ulster County Planning Board and the Area of Disturbance was a question because this location is a MS4 area.
A motion was made by P. Perry to close the Public Hearing, seconded by J. Walsh
Roll Vote: B Liggan, - Yes, J Walsh- Yes, J. Havranek– Yes, P Perry - Yes, N Mercurio- Yes,
Motion Carried
A motion was made by P.Perry to overrule the Rosendale Fire Chief’s recommendations as follows: Seconded by J. Walsh
1.) Right turn in right turn out onto Route 32
Chairman Liggan recommends overruling this recommendation due to a written approval from DOT for the curb cut.
2.) Sprinkler system in 2 family dwelling
Multi family dwellings are not required by Town code to install sprinkler system; past practices granted by the board for this type of application have not been required.
Roll Vote: B Liggan, - Yes, J Walsh- Yes, J. Havranek– Yes, P Perry - Yes, N Mercurio- Yes,
Motion Carried
A motion was made by J. Havranek to grant approval for Special use permit for the Ballincurry Application. Seconded by J Walsh
Roll Vote: B Liggan, - Yes, J Walsh- Yes, J. Havranek– Yes, P Perry - Yes, N Mercurio- Yes,
Motion Carried
A motion was made by B. Liggan to grant conditional approval for a site plan based on an engineers calculations on area of disturbance is less then 1 acre and in the event the disturbance is equal to or greater then 1 acre an engineer SWPP be submitted to the Planning Board and reviewed by CT Male and all fee’s associated with this application be paid. Seconded by P. Perry
Roll Vote: B Liggan, - Yes, J Walsh- Yes, J. Havranek– Yes, P Perry - Yes, N Mercurio- Yes,
Motion Carried
ATT Towers - Special Use Permit #2008-14
There was not a Representative from ATT present at the meeting.
CT Male summarized the statis of this application, Escrow Accounts paid, inspections completed.
The bi annual account has not been established.
Pape – Special Use #2009-2
A letter from Tom Fiore, Building Inspector dated Apr 2, 2009 was given to each member. (letter is on file)
Review of the letter and the Building inspectors comments were discussed.
Mr. Pape disagreed with the building inspector’s comments; he stated there is one tenant who occupies both the second and third floor.
The proposal is to make the current office space (1st floor) into an apartment, which would turn this building into a three family dwelling. This is not allowed in the R1 zone.
Parking is also an issue with this application.
The current Site plan needs to be completed and approved by the Building Inspector before the Planning board can more forward with any review process.
The board recommends Mr. Pape communicate with the building Inspector and the Code Enforcement officer to see what needs to be done to make this site plan a workable project.
Misc. Business:
Jeanne Walsh County Planning Board Representative told the members about upcoming seminars:
Protecting Biodiversity as your Community Grows
April 28, 09 SUNY Ulster, Stone Ridge 7-9 pm
From the Backyard to the Barnyard: Agriculture and the Local Planning Process
April 29, 2009 Emergency Services Center, Goshen 7-9 pm
A Motion was made by P. Perry to adjourn the meeting @9:50 p.m.
Seconded by N. Mercurio
Roll Vote: B Liggan, - Yes, J Walsh- Yes, J. Havranek– Yes, P Perry - Yes, N Mercurio- Yes,
Motion carried
Meeting Adjourned @9:52 pm
Submitted by,
Leslie Treut
Planning Board Clerk©
Final
TOWN OF ROSENDALE
PLANNING BOARD MINUTES
Mar 5, 2009
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 – Excused
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
Also present: Manna Jo Greene – Town Board Liaison
Joseph Liuni Economic Development Commission
Dave Massimi- Code Enforcement Officer
Minutes:
The Minutes from Feb 5, 2009 meeting were reviewed and accepted as amended
P. Perry made a motion to accept the minutes as amended, R Morf seconded the motion.
Roll Vote: B Liggan, - Yes, J Walsh- Yes, J. Havranek– Yes, R. Morf – Yes,
P Perry - Yes, N Mercurio- Yes,
Motion Carried.
Public Hearing
None
Old Business:
Ballincurry Site Plan / Special Use Permit #2008-13
Start: Jan 8, 2009 7:45 pm
Stop: Opened
Application was reviewed by Ulster County Planning Board and the following items will need to be submitted by the applicant lighting cut sheets, landscaping plan, and a letter for signage.
Fire Marshall or Fire Chief will submit a letter with recommendations for the driveway in order to accommodate fire vehicles.
Other items that need to be sent to the county are RMA, Health Dept approval for septic, and DOT correspondence.
A Final Action report is due to county by Mar 19, 09 to be reviewed for the next meeting April 1.
A Motion was made by J.Havranek to keep the public Hearing open for written comment only, seconded by P.Perry.
Roll Vote: B Liggan, - Yes, J Walsh- Yes, J. Havranek– Yes, R. Morf – Yes,
P Perry - Yes, N Mercurio- Yes,
Motion carried
ATT Towers - Special Use Permit #2008-14
Mr Richard Buckley, Mr.John Furst, Attorney and Mr. Kevin Brennan, ATT Project Manager were all present
Structural Review Memorandum prepared by Chris Shaver, CT MALE dated Mar 5, 09 was reviewed by Board members and ATT Representatives
Mr. Kevin Brennan informed the board the ATT Towers (Maple Hill location ) will be brought into Town code and a second inspection will be accomplished to enhance the tower to accommodate the proposed upgrades in the application,
A motion was made by P.Perry to classify the ATT Project as a Type II action pursuant to SEQRA; no further SEQRA action would be required. Seconded by J. Walsh
Roll Vote: B Liggan, - Yes, J Walsh- Yes, J. Havranek– Yes, R. Morf – Yes,
P Perry - Yes, N Mercurio- Yes,
Motion carried
A motion was made by J. Havranek for conditional site approval pending structural upgrade, modifications and repairs are conducted to the satisfaction of the Town of Rosendale Building Department and the Town of Rosendale structural engineer. ATT will supply a climbing engineer, which will stamp and certify such climb reports .Two separate escrow accounts will be established, one for the Planning Board use for current structural engineering and planning review services associated with the installation of the new antenna on the tower and one account for the Biennial Inspection as per Town Code. A Certificate of Occupancy will not be issued until such escrow accounts are posted and any outstanding escrow fees are paid. The Board authorized C.T. Male to prepare two separate work scopes and cost estimates; one for engineering and planning review services associated with the installation of the new antenna on the tower and one for biennial inspection work. Seconded by P. Perry.
Roll Vote: B Liggan, - Yes, J Walsh- Yes, J. Havranek– Yes, R. Morf – Yes,
P Perry - Yes, N Mercurio- Yes,
Motion carried
A Motion was made by P.Perry for the board to authorized Billy Liggan, as Planning Board Chairman, to approve/modify workscopes and cost estimates prepared by C.T. Male, on behalf of the Planning Board. Seconded by R. Morf.
Roll Vote: B Liggan, - Yes, J Walsh- Yes, J. Havranek– Yes, R. Morf – Yes,
P Perry - Yes, N Mercurio- Yes,
Motion carried
A Motion was made by B.Liggan to close the Public Hearing @8:54p.m., March 5, 2009. Seconded by P. Perry
Roll Vote: B Liggan, - Yes, J Walsh- Yes, J. Havranek– Yes, R. Morf – Yes,
P Perry - Yes, N Mercurio- Yes,
Motion carried
The board authorized Billy Liggan, as Planning Board Chairman, to approve/modify workscopes and cost estimates prepared by C.T. Male, on behalf of the Planning Board.
Roll Vote: B Liggan, - Yes, J Walsh- Yes, J. Havranek– Yes, R. Morf – Yes,
P Perry - Yes, N Mercurio- Yes,
Motion carried
New Business:
Pape – Special Use #2009-2
Mr. Pape is looking to install a shower in an existing bathroom in the center of the building’s ground floor as well as relocating the existing sink and toilet within the bathroom. The applicant is also proposing to install a sink and electric stove outlet along the western portion of the existing building.
The Building Inspector has denied Mr. Pape’s application for a building permit because the project as proposed would create a third dwelling unit within the building which is allowed only by Special Use Permit in the R-3 zone.
Dave Massimi provided the board with a letter dated Mar 5, 2009 which explained that the property is a pre existing non conforming. The building currently has 2 family dwellings and 1 office which is considered a mixed use.
There is also concern about parking, according to Town Code multi-family dwelling and professional office uses have separate parking requirements, a residential multi-family dwelling requires 1.5 spaces per dwelling unit, thus would require 4.5 off-street spaces for this proposed change to the property. The use of the front of the bottom floor as a professional office
requires one space for each 200 square feet of gross office floor area.
Because the application is not complete it is unknown as to how many parking spaces would be required for the office portion of this application.
Many suggestions were given to Mr. Pape on how to use this property
Misc. Business:
Lenz (Pre application)
Mr. Lenz is looking into the possibility of Senior housing (Multi- family- 3 dwellings)
on his property1.21 acres which is located in a R2 district.
Town code requires 1 acre per dwelling so Mr. Lenz will require an Area Variance
Ulster Cohousing
Ulster Cohousing is looking for a six month Extension of Preliminary Subdivision
There is an issue with the applicant’s current Escrow account that needs to be resolved.
Ulster Cohousing has asked to be placed on the April Agenda
Board members have requested to invite Supr. McDonough to the April Planning Board meeting to discuss the applicants Escrow account.
A Motion was made by P. Perry to adjourn the meeting @10:47 p.m.
Seconded by J. Walsh
Roll Vote: B Liggan, - Yes, J Walsh- Yes, J. Havranek– Yes, R. Morf – Yes,
P Perry - Yes, N Mercurio- Yes,
Motion carried
Meeting Adjourned @10:48 pm
Submitted by,
Leslie Treut
Planning Board Clerk©
Final
TOWN OF ROSENDALE
PLANNING BOARD MINUTES
Feb 5, 2009
Chairman Billy Liggan called the meeting to order at 7:43 pm at the Rosendale Community Center, Rosendale, NY.
ROLL CALL: Chairman, Billy Liggan – Present
Randi Morf – Present
Jeanne Walsh – Present
Fred Greitzer – Excused
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
Also present: Naja Kraus- Environmental Committee
Dennis Kaye Economic Development Commission
Minutes:
The Minutes from Jan 08, 2009 meeting were reviewed and accepted as amended
P. Perry made a motion to accept the minutes as amended, R Morf seconded the motion.
Roll Vote: B Liggan, - Abstained, J Walsh- Abstained, J. Havranek– Yes, R. Morf – Yes,
P Perry - Yes, N Mercurio- Yes,
Motion Carried.
Public Hearing
Ballincurry Site Plan / Special Use Permit #2008-13
Start: Jan 8, 2009 7:45 pm
Stop: Opened
Application is currently being reviewed by Ulster County Planning Board. Public Hearing will remain open until written comments are received.
Motion was made by J. Havranek to petition the Town Board to adopt the Ulster County Referring Agency Exceptional Agreement seconded by P.Perry.
Roll Vote: B Liggan, - Yes, J Walsh- Yes, J. Havranek– Yes, R. Morf – Yes,
P Perry - Yes, N Mercurio- Yes,
Motion carried
Old Business:
Wild Rose Major Subdivision #2006-
Applicant is requesting a six month Extension of Preliminary Subdivision which was dated Sept 4, 2008, approval will expire on Mar 5, 2009.
Motion was made by R.Morf to grant a six month Extension of the Preliminary Subdivision with a date of September 4, 2009 seconded by J. Havranek
Roll Vote: B Liggan, - Yes, J Walsh- Yes, J. Havranek– Yes, R. Morf – Yes,
P Perry - Yes, N Mercurio- Yes,
Motion carried
ATT Towers - #2008-14 Special Use Permit
Public Hearing is still open
Environmental Committee reviewed application per Town Code and a letter is on file
John Furst, Attorney for ATT, and Mr. Richard Buckley brought the Board up to date on the current status of the tower.
The board’s recommendation is for the Code Enforcement Officer to contact Subcarrier to perform a structural inspection and to establish an escrow account in the amount of $15,000 -$25,000 to conduct the inspection in accordance with Town Code 75-28-14(u) 1.
Motion was made by J. Havranek to recommend the CEO to enforce Town Code 75-28-14(u) 1
and work with CT Male and applicant to establish an escrow account, seconded by J. Walsh.
Roll Vote: B Liggan, - Yes, J Walsh- Yes, J. Havranek– Yes, R. Morf – Yes,
P Perry - Yes, N Mercurio- Yes,
Motion carried
Need to refer to Attorney to see if the Planning Board can move forward with this application prior to the Structural Inspection being completed.
New Business:
None
Misc. Business:
RT 32 Corridor Plan
Dennis Kaye gave a brief description of the Draft Rt 32 Corridor Plan
The Planning Board’s recommendations are as follows:
- Pg 8 General provisions, C #2 add
Modifications and waivers may also be granted on a case by case basis that is site specific recognizing pre existing conditions and constraints.
- Use regular numbers instead of roman numbers throughout the document
- Hazardous Material , chemicals, bulk storage should be addressed
4 Beef up screening for dumpsters
C.T. Male review of the Route 32 Corridor Plan, at the request of the Planning Board on January 8, 2009
The draft Route 32 Corridor Design Guidelines and Standards appears to be very thorough
and complete. It covers a broad array of commercial and industrial design issues and
concepts commonly found in progressive municipal land use codes and ordinances. The
study also utilizes pertinent graphics to clearly illustrate design concepts and is easy to use,
understand and interpret.
The draft guidelines and standards should be cross referenced with the existing town code
and zoning ordinance to identify potential conflicts and to ensure that any new design
standards and guidelines can be inserted seamlessly into the existing town codes.
A similar set of design standards and guidelines should be developed for the Main Street
corridor as well, but with a particular emphasis on the unique aspects of that defined
business corridor.
Misc. Correspondence:
None
P.Perry made the motion to adjourn the meeting @ 10:00 p.m.
R.Morf seconded the motion.
Roll Vote: B Liggan, - Yes, J Walsh- Yes, J. Havranek– Yes, R. Morf – Yes,
P Perry - Yes, N Mercurio- Yes,
Motion carried
Meeting Adjourned @10:00pm
Submitted by,
Leslie Treut
Planning Board Clerk©
Final
TOWN OF ROSENDALE
PLANNING BOARD MINUTES
Jan 8, 2009
Vice Chairman Joe Havranek called the meeting to order at 7:35 pm at the Rosendale Community Center, Rosendale, NY.
A moment of silence was conducted in honor of Harriet Mulligan who served the Town of Rosendale for over 50 years in Community Service
ROLL CALL: Chairman, Billy Liggan – Excused
Randi Morf – Present
Jeanne Walsh – Excused
Fred Greitzer – Excused
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
Also present Dave Massimi Code Enforcement Officer
Manna Jo Greene –Town Board Representative
Minutes:
The Minutes from Dec 4 2008 meeting were reviewed and accepted as amended
P. Perry made a motion to accept the minutes as amended, R Morf seconded the motion.
Roll Vote: P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, J.McEnrue- Yes, N Mercurio- Yes,
Motion Carried.
The Minutes from Dec 18, 2008 workshop meeting were reviewed and accepted as amended
J. Havranek made a motion to accept the minutes as amended, J. McEnrue seconded the motion.
Roll Vote: P.Perry – Abstained, J. Havranek– Yes, R. Morf – Abstained, J. McEnrue- Yes,
N Mercurio- Yes, G Jacobson, - Yes
Motion carried
Public Hearing
Peace Minor Subdivision #2008-12
Start: Jan 8, 2009 7:45 pm
Stop Jan 8, 2009 7:53 pm
Subdivision is located on River Rd Ext.
John P. Smith was there because he received a certified letter and was interested in development in the neighborhood.
No other comments were offered by the Public.
Motion was made by P. Perry and seconded by R. Morf to close the Public Hearing.
Roll Vote: P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, J. McEnrue- Yes, N Mercurio- Yes, G Jacobson, - Yes
Motion carried
Motion was made by P.Perry to review Part 2 Short EAF, seconded by R. Morf
Roll Vote: P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, J. McEnrue- Yes, N Mercurio- Yes, G Jacobson, - Yes
Motion carried
Part 2 EAF read out loud and sign off by J. Havranek and J. McEnrue. Document will become part of official record.
Motion was made by P. Perry to adopt and issue a Negative Declaration #2008-12/ Jan 8, 2009 of Environmental Significance for the proposed Peace Subdivision, seconded by J. McEnrue.
Roll Vote: P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, J. McEnrue- Yes, N Mercurio- Yes, G Jacobson, - Yes
Motion carried
Motion was made by P. Perry to amend the Negative Declaration #2008-12/ Jan 8, 2009 Resolution to read the correct address of 240 River Rd Ext, seconded by J McEnrue.
Roll Vote: P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, J. McEnrue- Yes, N Mercurio- Yes, G Jacobson, - Yes
Motion carried
Escrow account has been established in the amount recommended by CT Male
Motion was made by J. Havranek to approve a conditional final approval contingent on a verbal from the County BOH to the Rosendale Building Dept prior to the signing of the final plat.
Seconded by P.Perry
Roll Vote: P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, J. McEnrue- Yes, N Mercurio- Yes, G Jacobson, - Yes
Motion carried
Ballincurry Major Subdivision- #2008-3
Start: Jan 8, 2008 8:10 pm
Stop:
Comments from the public:
David Mondajar wanted to know the number of proposed houses to be built, and will they be 1 or 2 family dwellings?
Mr. Heenan explained that he is proposing to build 2 each 2 family dwellings and is undecided about the third building.
Joe Havranek explained to the public that all codes have been complied with.
CT Male recommended that the public hearing be kept open for the County Planning Board to review this Site Plan. All required documents will be forwarded to the County for their review.
Commercial lighting is not required for this development.
The following items need to be added to the Site plan, names of adjacent property owners and tax map number, landscaping plan, and any lighting issues.
RMA needs to have the proper Lot numbers on the agreement.
Old Business:
None
New Business:
None
Misc. Business:
Code Enforcement Officer Dave Massimi was asked to attend the meeting to give the Planning Board updates on the following
Aerostar/ Sunoco
The Planning board feels Aerostar should have come back to the board to amend their original site plan and they did not. There are numerous safety and hazardous concerns
The Planning Board needs clarification from the Zoning Board of Appeals whether it is an allowable usage to store tanker trucks in a B2 zone?
A letter will be drafted and sent to the ZBA requesting an interpretation of the Town Code with these concerns.
Motion was made by R. Morf, seconded by J Havranek to refer the Planning Boards concerns to the ZBA for clarification regarding Allowable usage of bulk storage of petroleum products and if they are authorized in a B2 district.
FJN
Mr Massimi has sent letters to FJN and his reply is material for the lighting issues are on order, landscaping will be done March/April timeframe
Subcarrier-
Numerous emails have been flowing from Subcarrier to the CEO, parts are on order,
the tower should be in compliance once these parts are installed
RT 32 Corridor Plan
Deadline extended to Feb 11, 2009 for the next Town Board meeting.
Homework
Floating zones
Overlay zones
RT 32 – Main St
Motion was made by J Havranek, seconded by G.Jacobson for CT Male to review RT 32 Corridor Plan and report back to the Planning Board
Roll Vote: P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, J. McEnrue- Yes, N Mercurio- Yes, G Jacobson, - Yes
Motion carried
Electronic copies of the RT 32 Corridor Plan will be sent to all Planning board members.
Representative from NYS DOT will attend next month’s meeting to give a briefing on
ZRC Priority List
G.Jacobson briefed the Planning board on the status of ZRC
WildRose
Motion was made by J.Havranek to table WildRose Petition till next meeting, seconded by G. Jacobson.
Roll Vote: P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, J. McEnrue- Yes, N Mercurio- Yes, G Jacobson, - Yes
Motion carried
Motion was made by J. Havranek to provide a financial report for escrow accounts to the Planning board, seconded by G.Jacobson.
Roll Vote: P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, J. McEnrue- Yes, N Mercurio- Yes, G Jacobson, - Yes
Motion carried
J. Havranek made the motion to adjourn the meeting @ 9:45 p.m.
J. McEnrue seconded the motion.
Roll Vote: P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, J. McEnrue- Yes, N Mercurio- Yes, G Jacobson, - Yes
Motion carried
Submitted by,
Leslie Treut
Planning Board Clerk©
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