Final
TOWN OF ROSENDALE
PLANNING BOARD MINUTES
June 4, 2009
Chairman Billy Liggan called the meeting to order at 7:40pm at the Rosendale Community Center, Rosendale, NY.
ROLL CALL ; Chairman Billy Liggan- Present
Randi Morf -
Present
Jeanne Walsh -
Excused
Fred Greitzer -
Excused
John McEnrue -
Present
Peter Perry -
Excused
Joseph Havranek -
Present
Nick Mercurio -
Present
Dave Plante, C.T. Male Assoc. Present
Also Present: Manna Jo Greene - Town Board Liaison
Naja Krause - Town Environmental Commission
David Massimo - CEO
Minutes:
The minutes from May 7, 2009 meeting were reviewed and accepted as amended.
Amended minutes on file.
Motion made by Bill Liggan, seconded by Randi Morf
Roll Vote: Bill Liggan -Yes, Randi Morf - Yes, John McEnrue - Abstained, Joseph Havranek - Yes, Nick Mercurio - Yes,
Motion Carried.
Public Hearing:
Pape #2009-2 Site Plan
Hearing opened @ 7:45pm
Applicant wants to convert a building from 1st
floor office and upstairs apartment into 3 apartments. Mr. Pape now
states it is to be only 2 apartments with one having 2 kitchens.
John McEnrue asked if Mr. Pape had an architect draw up plans that we could see.
Mr.
Pape stated he could not afford to do this at this time. John also
asked does this require a zoning change. Do you need exterior fire
escape by law?
Mr. Pape said that he talked to Robert Smith of the NYS CEO, he is located in Kingston
for this region and he said that the applicant does not need an exit
from the third floor. Dave Massimi, the CEO, stated that he and Tom
Fiore meet with Robert Smith and he stated that the third floor kitchen
must be removed to make it legal if Mr. Pape does not want exterior fire
escape. Mr. Pape said that a kitchen does not constitute a dwelling
unit, so Mr Pape feels he can keep the kitchen and have tenant use
interior stairs to exit. Bill Liggan said if kitchen is there then there
would be more of a chance of fire. John McEnrue said if kitchen is left
then the ability to make a 3rd apartment without anyone knowing is there.
Mr.
Pape stated that if he chooses to file an Article 78 against the Town
he would win. Mr Pape referred to a case against the Town of Saugerties.
Bill Liggan made the point that the third floor kitchen was put in without permits.
John
McEnrue wanted to get it straight that what was wanted was to go from
mixed use to 2 family dwelling. Dave Massimi says that is correct the
building was bought as office & 1 apartment and now they want to
make 2 apartments.
Joe Havranek
asked if Mr. Pape brought the copy of the lease agreements that he was
requested to bring. Mr. Pape said he forgot it. Once this is provided it
will become part of the file.
Joe
asked Dave is there anything about inspecting a multi dwelling
building. Dave said only 3 families or more are in the code. Nick
Mercurio wanted to know if fire doors would be required along with the
fireproof sheetrock. Mr. Pape said that it was not need; the board said
they felt it was needed.
We
could give a conditional approval if he can make the building inspector
happy. Kitchen issue on the third floor will be left up to the CEO
Dept.
Revise site plan to show the following information
- Installation of fire proof sheetrock,
- Fire door, emergency egress windows.
- Copy of lease agreement for present and future tenants
Have paperwork and revised site plan turned in by the Planning Board’s deadline of June 18, 2009.
The
first floor apartment will need to be handicapped adaptable. If this is
not the county planning board will kick it back. Dave Plante said that
this permit does not have to go to county because it is interior only
and not need county road. Bill Liggan will call county to confirm.
Pari
Ghani - who lives in the old school house behind the applicants
building, said there is a parking problem that needs to be addressed.
Robert Forrest of the same address agreed. They said that people who
occupy Mr Pape’s building use their lot for parking. Town code 75.19
states general Parking Rule -- 1 space per unit.
Joe Havranek
suggested Mr Pape incorporate this item in the lease agreement that
there is 1 parking space per apartment (dwelling) and additional parking
can be either on the street or in the municipal parking lot.
Manna
wants the board to let the ZRC know that they need mixed use on east
end of Main St. Manna suggested a formal letter be send to the ZRC.
Motion was made @ 8:31pm to leave the Public Hearing open by John McEnrue, 2nd by Randi Morf,
Roll Call: Bill Liggan - Yes, Randi Morf - Yes, Nick Mercurio - Yes, John McEnrue - Yes, Joe Havranek - Yes
Motion Carried.
Neil Struber #2009-5 Logging (Special Use Permit)
Hearing opened @ 8:32pm
Mr. Struber is looking for permission to log at 276 Mountain Rd. Rosendale on 22.8 acres of land.
Bill
Liggan said our code states you must be on the DEC list of Harvesters
to work in town. But Dave Massimi has informed us that the DEC no longer
maintains that list. This does not matter in this case because Mr.
Struber is a listed harvester. Livia Vanaver of 298 Mountain Rd.
wanted to know how she would be guaranteed that only 2 or 3 of her
trees would be removed. The board said that is why she signed a letter
allowing Mr. Struber to log.
BATS
- the caves are close by and the bats use old trees. We need to know
you will not take those trees, the ones that are rotten. Neil stated he would only be harvesting healthy timber.
S.
Lisowski - Why is this a special use permit? Bill Liggan explained
because of the amount of trees and it is not his property.
Naja
Kraus from the Environmental Commission ask about the equipment
bringing in foreign species of micro inspects, etc. and what in anything
do you do about it. Mr. Struber said that before he leaves the last
project he rinses off his equipment.
Motion made for conditional approval by Bill Liggan, 2nd by John McEnrue
Conditions - 1) Highway Superintendent be notified 2 days prior to start.
2) Bond is submitted prior to start of logging.
3 Logging transport will not take place during the school bus transport hours.
4) All equipment will be cleaned before brought on property.
Roll Call: Bill Liggan - Yes, Randi Morf - Yes, Nick Mercurio - Yes, John McEnrue - Yes, Joe Havranek -Yes
Motion Carried
Motion to closed public hearing @ 8:47by John McEnrue, 2nd by Randi Morf
Roll Call: Bill Liggan - Yes, Randi Morf - Yes, Nick Mercurio - Yes, John McEnrue - Yes, Joe Havranek -Yes
Motion Carried.
A motion was made by John McEnrue 2nd
by Randi Morf to accept the Harvest Management plan submitted by the
applicant and have declared this plan will not have a significant
environmental impact and a Draft Impact Statement will not be prepared
and to accept Neg Dec under SEQRA part 617
Roll Call: Bill Liggan - Yes, Randi Morf - Yes, Nick Mercurio - Yes, John McEnrue - Yes, Joe Havranek -Yes
Motion Carried
New Business:
Larsen / Mohonk Preserve #2009-6 Lot Line Adjustment
Mr. Larsen would like to move his southern property line to give Mohonk Preserve 29.3 acres.
Steve Pauli was there to represent Mr. Larsen.
A Motion was made by Joe Havranek, 2nd by John McEnrue to classify the project as a Type II action pursuant to SEQRA.
Roll Call: Bill Liggan - Yes, Randi Morf - Yes, Nick Mercurio -Yes, John McEnrue -Yes, Joe Havranek -Yes
Motion Carried.
Motion to wave public hearing by John McEnrue, 2nd by Randi Morf
Roll Call: Bill Liggan - Yes, Randi Morf -Yes, Nick Mercurio -Yes, John McEnrue - Yes, Joe Havranek -Yes.
Motion Carried.
A Motion was made by Joe Havranek, 2nd by Randi Morf for conditional approval for a Lotline Adjustment with the following conditions.
1. That corrected maps show property of Brian Farmer.
2 Provide 1 mylar & 4 paper copies of updated maps for signatures
Roll Call: Bill Liggan -Yes, Randi Morf -Yes, Nick Mercurio -Yes, John McEnrue -Yes, Joe Havranek -Yes
Motion Carried.
Correspondence:
Letter from Dave Massimi to Frank Natoli – nothing has been done on the property pertaining to the Glare Shields. Joe
& Bill brought up the landscaping issues that were part of the
final conditions that have not been completed. Mr Natoli has not
responded to Mr. Massimi letters.
Letter from UCPB about Wild Rose Subdivision - They need to have a school bus stop.
Misc. Business:
ZRC Update:
Joe Havranek reported a contract is being worked out with Behan Associates for the ZRC Planning Consultants.
Joe
stated he would like the Planning Board members added to ZRC
correspondence, if nothing else Joe feels Billy Liggan should be added
to the email’s.
Motion to adjourn @ 9:12pm by John McEnrue, 2nd by Bill Liggan
Roll Call: Bill Liggan -Yes, Randi Morf -Yes, Nick Mercurio - Yes, John McEnrue- Yes, Joe Havranek -Yes.
Motion Carried
Deb Tierney
Acting Planning Board Clerk
|