TOWN OF ROSENDALE ZONING BOARD OF APPEALS
Minutes of the February 20, 2007, Meeting
(Draft)

 

Chairman, Robert Hendrickson, called the meeting to order at 7:30 PM at the Rosendale
Recreation Center with the pledge to the flag.

 

I. ROLL CALL:
 Chairman Robert Hendrickson, Present Denise Pitcher, Present
 Lou Muenkel, Present    Leland Eaton, Present
 John Maylie, Present
 Alternate Member, Ron Parenti, Absent

 

 Also present, Fred Gretzer, Planning Board Liaison

 

II. MINUTES OF PREVIOUS MEETING, January 16, 2007
Fred Greitzer asked that a correction be made to the minutes for the public hearing on Lynne Friedman.  The sentence that read “the request was also not self-created” should be changed to “the hardship was also not self-created”.  John Maylie made a motion to accept the minutes with the correction.  Lou Muenkel seconded the motion.
 Roll Vote: John Maylie, Yes  Lou Muenkel, Yes
   Robert Hendrickson, Yes Denise Pitcher, Yes
   Leland Eaton, Yes
 Motion Carried.

 

III. OLD BUSINESS:   John Maylie noted that the status of the proposed revision of the  Zoning Board application would be voted on Thursday at the Rosendale Town Board meeting. 

 

IV. NEW BUSINESS:  John Maylie attended the Association of Towns meeting and came back with the following information for the Board.
1.  Who owns the minutes and who makes the decision as to what is in the minutes?  The Zoning Board of Appeals and the Planning Board members make the decision as to what goes into the minutes; no one else has a say as to  the contents.  The unique situation for the Town Board is that the Town Clerk owns the minutes of the meetings and decides what is entered into the minutes.  The Town Board still has to approve the minutes, however, they do not own it. 

 

2.  FOIL information - Mary Lou Christiana, Town Attorney, advised that the Town does not have to release the recommendation from the Town Consultant on a FOIL request.  It was noted at the Association of Towns meeting by Robert Freeman that if a recommendation from the Town Consultant is received by us from the Planning Board and is not discussed, or mentioned in any way to the public, then it is not FOILable.   Inter-departmental information is not FOILable.  Instant messaging is FOILable.  Some e-mails are also FOILable.  (FOIL - Freedom of Information Law)

 

Denise Pitcher asked if John Maylie had recently taken on a new responsibility.  John Maylie reported that he is now the Chairman of the Environmental Management Council (EMC). 

 

ZBA Meeting Page 2
February 20, 2007 Meeting

 

VI. CORRESPONDENCE: 
Letter from Mr. Gouldsbury regarding minutes of Dec. 06 meeting.  After reading what the letter said from Mr. Gouldsbury, John Maylie made a motion that the minutes be kept as currently written.  The motion was seconded by Robert Hendrickson.
 Roll Vote: John Maylie, Yes  Robert Hendrickson, Yes
   Leland Eaton, Yes  Lou Muenkel, Abstain
   Denise Pitcher, Abstain
 Motion Carried.

 

John Maylie noted that from the training he recently received in New York City at the Association of Towns meeting, the minutes are written as an overview of what transpired and the Zoning Board and the Planning Board decide what goes into those minutes.  With regard to the Town Board, the Town Clerk decides what goes into the minutes and the Town Board can make changes before they approve them.  This information was given to Jack Gouldsbury in reply to his correspondence to the Zoning Board.  Mr. Hendrickson informed Mr. Gouldsbury that the Board approved the minutes and that stands. The Board has no further obligation to go any further with Mr. Gouldsbury’s request. 

 

Letter from Corbally, Gartland & Rappleyea regarding Lands of John McColgan
Practical Guide to Zoning and Land Use Law - March 8, 2007
Public Officers Law, Laws 1909, Chapter 51, Article 7, Section 106   RE: Minutes
2007 ZBA Meeting Schedule
Letter from Jacobowitz & Gubits, LLP regarding McColgan Property

 

John Maylie made a motion to close the meeting at 8:20 PM.  The motion was seconded by Denise Pitcher.
 Roll Vote: John Maylie, Yes  Denise Pitcher, Yes
   Lou Muenkel, Yes  Robert Hendrickson, Yes
   Leland Eaton, Yes
 Motion Carried.

 

     Respectfully submitted,
Judy Lenz, Recording Clerk