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FINAL

TOWN OF ROSENDALE

PLANNING BOARD MINUTES

Dec 4, 2008

Chairman Billy Liggan called the meeting to order at 7:35 pm at the Rosendale Community Center, Rosendale, NY.

 

ROLL CALL: Chairman, Billy Liggan – Present

                          Randi Morf – Present

                          Jeanne Walsh – Present

                          Fred Greitzer – Present

                          John McEnrue – Present

                          Peter Perry – Present 

                          Joseph Havranek- Present

  Nick Mercurio- Present

  Gary Jacobson – Present   

  Charles Voss, C.T. Male Associates, Planning Board Consultant – Absent

                          Dave Plante, C.T. Male Associates, Planning Board Consultant - Present

Minutes:

The Minutes from Nov 6, 2008 meeting were reviewed and accepted as written.

P.Perry made a motion to accept the minutes as written, J Havranek seconded the motion.

 

Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, N Mercurio- Yes, J. Walsh- Yes.

Motion Carried.

 

Public Hearing

Ballincurry Major Subdivision- #2008-3

Start: Dec 4, 2008 7:42 pm

Stop: Dec 4, 2008 7:50 pm

Mr. Heenan explained there has been a major change to the plat which consists of changing the size of the lots to allow 2 family dwellings; (according to town code) he explained that the foot print of the homes will not be any bigger.  

Mr. Heenan stated he shares access to an existing driveway with a neighbor. F. Greitzer explained a RMA will be required and the town’s attorney will need to look over the agreement.  A conditional approval can be granted while awaiting attorney’s comments.  

Lewis Boyd a neighbor asked about the big tree in the driveway area and weather it will be cut down

Mr.Heenan said he will like to save the tree at all cost.

Naja Krouse from the Town’s Environmental Committee asked about the wetlands issue

Mr. Heenan stated the wetlands issues have been mapped and the wetlands are located on both sides of the driveway and they will not be disturbed.

Motion was made by F.Greitzer to close the Public Hearing, seconded by N. Mercurio.

Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, N Mercurio –Yes, J. Walsh- Yes

Motion Carried

 

Motion was made by J. Havranek to amend Negative Declaration Reference # 2008-3/ Dec 4, 2008, seconded by P. Perry

Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, N Mercurio –Yes, J. Walsh- Yes

Motion Carried

 

Motion was made by P.Perry to accept the Negative Declaration Resolution #2008-3/Dec 4,2008

Seconded by J. Walsh

Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, N Mercurio –Yes, J. Walsh- Yes

Motion Carried

 

Motion was made by N. Mercurio for Conditional Approval for the Ballincurry Major Subdivision to include a RMA and the following exiting conditions, seconded by R. Morf.

 

The applicant must coordinate any and all future engineering submissions for the site

stormwater design with C.T. Male Associates. In addition, the applicant shall

coordinate any highway access permits and approvals with the New York State

Department of Transportation. All submissions must be to the satisfaction of CTM’s

reviewing engineer and the Town Planning Board.

· The applicant shall provide the planning board with any future correspondence from

NYSOPRHP regarding archeological, cultural or historical resources for the subject parcel.

· All past and present outstanding escrow fees charged to the applicant with the Town

of Rosendale shall be paid in full within 60 days of issuance of the Planning Board’s

conditional approval, and that it is the understanding of the applicant that the escrow

account must continue to be replenished for the review of the Site Plan/Special Use

Permit application (Application No. 2008-13) by the Town’s consultants

 

Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, N Mercurio –Yes, J. Walsh- Yes

Motion Carried

 

 

ATT Towers- Maple Hill # 2008-14 Site Plan Review

Start: Dec 4, 08 8:15 pm

Stop: Remained open

F Greitzer stated it was brought to his attention the structure is not in compliance with Federal law and that the Planning board should not consider this application.

The tower has lights that have been inoperative for several months; this is a FAA safety violation.

According to town code the tower needs to be inspected every two years and filed with the Town clerk Chairman Liggan stated he has requested information from the Town Clerk.

 

Richard Buckley, ATT representative explained in detail the proposed modifications to the existing tower which consist of 9 antennas coming down and 12 being replaced.

Several people from the Public were concerned about the wind load and the ice buildup on the proposed antenna changes and the impact they would have on the structure of the tower.

 

A structural report by a certified engineer needs to be submitted and a visual inspection needs to be performed before any maintenance can be performed.

 

Bob Morf a member of the Public suggested to the board that the Public Hearing remain open for another month in order for the applicant to provide the reports. 

J. Havranek stated that a Visual Impact assessment is required from the applicant as stated in Town Code 75-28-14 (l).

 

Motion was made by J. Havranek to keep the public hearing open till next months scheduled meeting and to continue to accept written comments from the public, seconded by R. Morf.

Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, N Mercurio –Yes, J. Walsh- Yes

Motion Carried

 

Applicant needs to provide the board with the following information:

Structural Report, Short Form EAF, Escrow account in the amount of $2000.00 and a

Visual Impact Assessment.

Copy of file needs to be submitted to the Environmental Committee as per Town Code.

 

Old Business:

Stenta #2008-8 Minor Sub division

 

Motion was made by J. Havranek to approve Resolution #2008-9/Dec 4, 2008- Determination of a Negative Declaration for Stenta Minor Subdivision, seconded by F. Greitzer.

Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, N Mercurio –Yes, J. Walsh- Yes

Motion Carried

 

Motion was made by J Havranek to approve Part II, Short form EAF, seconded by F Greitzer.

Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, N Mercurio –Yes, J. Walsh- Yes

Motion Carried

 

Motion was made by F. Greitzer to grant conditional approve for the Minor subdivision with the following conditions, seconded by R. Morf. 

Verbal approval from the Board of Health regarding perc test.

Road Maintenance Agreement between lots 1 & 2 for review from the Town’s Attorney 

Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, N Mercurio –Yes, J. Walsh- Yes

Motion Carried

 

Peace #2008-12 Minor Subdivision

 

Perc Test required with Board of Health approval Pending

Set up an Escrow Account in the amount of $1000.00 for CT Male reviews

Report filed concerning Wetland Delineation to the US Army Corps of Engineers.

Motion was made by F.Greitzer to schedule a Public Hearing for Jan 08, 09, seconded by P. Perry.

Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, N Mercurio –Yes, J. Walsh- Yes

Motion Carried

 

New Business:

Scotto #2008–15 Lot line Adjustment

 

Motion was made by F. Greitzer to waive a Public Hearing due to the size of the lots, seconded by P. Perry.

Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, N Mercurio –Yes, J. Walsh- Yes

Motion Carried

 

Motion was made by J. Havranek to classify the project as Type II pursuant to SEQRA, seconded by F.Greitzer.

Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, N Mercurio –Yes, J. Walsh- Yes

Motion Carried

 

Motion was made by R.Morf to approve the Lotline Adjustment, seconded by P.Perry

Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, N Mercurio –Yes, J. Walsh- Yes

Motion Carried

 

 

Misc. Business:

County Planning Board report from Fred Greitzer –

Training Seminar, Tuesday Dec 9, 2008 7pm

 

Aerostar/ Sunoco

F.Greitzer recluse himself from this discussion because he had previously recluse himself from this application.

 

Chairman Liggan informed the board that Aerostar was granted a permit to increase the parking area and to park tanker trucks on the property. After further investigation by the Chairman and the Code Enforcement Officer it has been determined that this is not an Allowable use for a B2 district. There has been alteration to the property which was not on the original Site plan and there has not been an amendment to this plan.

 

J Havranek stated that the following issues need to be addressed

Allowable use – Bulk storage of petroleum products are not authorized in this district.

J. Havranek suggested that this board take pictures, write letters and submit these items to the Town’s Attorney.

Safety Issues, fenced area, lighting 

Security Plan will need to be enforced by the proper authorities.

 

Owner modified his original Site plan without the Planning Board approval

Is this a permitted use for the district?

 

Chairman Liggan will compose a letter to the Code Enforcement

 

 

P. Perry made the motion to adjourn the meeting @ 9:55 p.m.

N. Mercurio seconded the motion.

Roll Vote: B.Liggan – Yes, F. Greitzer – Yes, P.Perry – Yes, J. Havranek– Yes, R. Morf – Yes, N Mercurio –Yes, J. Walsh- Yes

Motion Carried

 

 

Submitted by,

 

 

Leslie Treut

Planning Board Clerk©