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.
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.
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