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 (1^st 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©