Home Page
 Your Officials
 Town Departments
 Town & Area Phone Numbers and links
 Town Ordinances
 Town Meeting Calendar
 Public Hearings/Legal Notices
 Town Board Minutes & Agenda
 Zoning Board of Appeals Minutes & Agenda
 Planning Board Minutes & Agenda
 Town Code Book
  Town Events
 Links of Interest
 Town Businesses
 Our Town in Pictures
 Help Wanted
 Hudson River Valley Resorts Project
 2007Comprehensive Plan
 zoning code review committee
 Creek locks Proposals
 2012 Preliminary Budget
 Rosendale Natural Resource Inventory
 Rosendale Energy Savers
 Stormwater Management





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





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

  1. Installation of fire proof sheetrock,
  2.  Fire door, emergency egress windows.
  3. 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.




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