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©
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