Final   

TOWN OF ROSENDALE

PLANNING BOARD MINUTES

April 1, 2010

Chairman Billy Liggan called the meeting to order at 7:32 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 -                                    Excused

                                    Peter Perry -                                        Present

                                    Joseph Havranek -                               Present

                                    Nick Mercurio -                                   Present

                                    Dave Plante, C.T. Male Assoc.             Present

Also Present:  Manna Jo Greene -Town Board Liaison

                        Sandy Petersen - Environmental Commission

Minutes:

The minutes from March 4, 2010 meeting were reviewed and accepted as amended.

Motion made by P.Perry seconded by J Havranek.

Roll Vote: Billy Liggan – Yes, Randi Morf –Yes, Nick Mercurio - Yes, Peter Perry –Yes, Joseph Havranek – Yes, Fred Greitzer –Yes, Jeanne Walsh – Abstained   

Motion Carried.

Public Hearing:

Taylor Minor Subdivision #2009-13

Open P/H 7:35 p.m.

P/H remained open till June 3, 2010.

Billy Liggan has spoken with MaryLou and the concerns about the unidentified parcel have no impact on the subdivision.

Lemont was representing this application.

Mr. Taylor has spoken with Tom Fiore about the debris and feels this is a Building department issue and it has no bearing on the subdivision process.

Joe Havranek has taken pictures from the Spencer property line of the tires and debris on the Taylor property and would like them entered into the file. Joe stated this issue has not been addressed and is not being handled correctly by the Building Dept and a thorough inspection of the property needs to be conducted.

Joe stated an Action Plan needs to be established to include proof the tires and debris are disposed of properly and deposal is done in a timely matter.

Members are in agreement that these issues need to be complied with before any decision concerning the subdivision can be finalized.

Public Comments:

Paul Spencer –Does not have a problem with the subdivision, however he feels there are environmental issues with the tires and other debris, he is concerned with water contamination and he has seen rats on his property. 

Mr. Taylor stated he could have the issue complied with by a June 3 ,2010 deadline if not sooner.

Stormwater runoff discussed and the different ways to contain water on applicant’s property.

Motion was made by J. Havranek, seconded by J. Walsh to keep the Public hearing open till June 3, 2010 and the applicant will provide an action plan, written proof of proper disposal of all waste and an inspection conducted by CT Male to confirm the clean up was done to an acceptable standard.

Roll Vote: Billy Liggan – Yes, Randi Morf –Yes, Nick Mercurio - Yes, Peter Perry –Yes, Joseph Havranek – Yes, Fred Greitzer –Yes, Jeanne Walsh – Yes

Motion Carried.

Fink #2009-19

SEQRA Long Form EAF Part II read by Randi Morf

Resolution – Determination of Negative Declaration of Environmental Impact #2010-1 April 1, 2010 read by Chairman Liggan and accepted by all present members.

Resolution is accepted and on file

Fink #2009-19 Special Use permit

Open P/H 8:14 p.m.

P/H remained open till May 6, 2010.

Mr. Fink and Mr. Drake representing application for Logging Permit

Public Comments

Annie Mardiney submitted a letter dated April 1, 2010 with concerns about the logging

David Daub –Skylake Lodge has 2 concerns

1)      Shared dirt road –Hillcrest Lane, road is in bad condition, concerns about heavy logging trucks and other machinery 

2)      Request no logging allowed during the weekends -Meditation hours

Question arose on whether a bond can be requested on a Private Rd, Billy will check with Carl Hornbeck regarding Hillcrest Lane if it is a private road or town road.

Joe Havranek asked if there is a RMA with property owners. This can be worked out by property owners. RMA can be drawn up by a lawyer. Mr. Fink and Mr. Drake stated they will not log when conditions are wet. It had been previously discussed that Mr. Drake will document the condition of Mountain Rd prior to start of logging and after logging is completed, he will also include Hillcrest Lane.

Phyllis Noreen – Suggested if a DEC certified Forest official were involved all issues would be worked out and applicant would be protected. Her property is a 480A

Sandy Petersen- RCCE is reviewing the current logging code and how the process can be improved. Enforcement is a concern, looking for improvements on how to monitor logging operations. 

Mr. Fink stated four truck loads have left the property to date, they are taking trees that are already down; they do not anticipate any logging during the summer months.

Nick is concerned about the bat habitats and the time frame when applicant will be harvesting trees.

Nov through March is suggested guidelines from DEC to not harvest trees in this area.

List of Public issues

1. No operation during the weekends.
2. School transportation hours
3. Hillcrest Ln. – Bond issue
4. Staging Issue – is located on applicants property
5. Inspection of process – recommendation to Bldg Dept.
6. Bat habitat – applicant will operate within DEC guidance

Motion was made by J.Havranek, seconded by P.Perry to keep Public hearing open till next month – May 6, 2010.

Roll Vote:

Roll Vote: Billy Liggan – Yes, Randi Morf –Yes, Nick Mercurio - Yes, Peter Perry –Yes, Joseph Havranek – Yes, Fred Greitzer –Yes, Jeanne Walsh – Yes

Motion Carried

Motion was made by J.Havranek, seconded by P.Perry to refer application to the County for review.

Roll Vote: Billy Liggan – Yes, Randi Morf –Yes, Nick Mercurio - Yes, Peter Perry –Yes, Joseph Havranek – Yes, Fred Greitzer –Yes, Jeanne Walsh – Yes

Motion Carried

New Business:

Tillson/Verizon Cell Tower-#2010-1

Scott Olson and Edward Frawley were present representing this application

Project is to construct an eighty-three (83) foot tall cellular communications tower located at 106 Davis Road in Tillson. The proposed project also includes the construction of a12’by 30’ equipment shelter.

Motion was made by Billy Liggan , seconded by Joe Havranek to recommend the project be classify as “Type 5” telecommunications facility in accordance with §75-28 (D)(14)(d)(2) of the Rosendale Town Code.

Roll Vote: Billy Liggan – Yes, Randi Morf –Yes, Nick Mercurio - Yes, Peter Perry –Yes, Joseph Havranek – Yes, Fred Greitzer –Yes, Jeanne Walsh – Yes

Motion Carried

Motion was made by Billy Liggan, seconded by Pete Perry to classify the project

as an “Unlisted Action” pursuant to SEQRA. passing a resolution declaring the Planning Board the intent to serve as SEQRA Lead Agency also conduct a coordinated SEQRA review with other involved/interested agencies that shall include, but are not limited to, the Rosendale Zoning Board of Appeals and the Ulster County Planning Board.

Roll Vote: Billy Liggan – Yes, Randi Morf –Yes, Nick Mercurio - Yes, Peter Perry –Yes, Joseph Havranek – Yes, Fred Greitzer –Yes, Jeanne Walsh – Yes

Motion Carried

Verizon Representatives will coordinate with CT Male on view shed areas of interest.

Motion was made by Billy Liggan, seconded by Fred Greitzer to allow CT Male

to schedule future dates with the applicant for the required Balloon Visual Test.

Roll Vote: Billy Liggan – Yes, Randi Morf –Yes, Nick Mercurio - Yes, Peter Perry –Yes, Joseph Havranek – Yes, Fred Greitzer –Yes, Jeanne Walsh – Yes

Motion Carried

Once a date is determined CT Male will inform the Planning Board members.

Application needs to be referred to the ZBA for a variance; applicants will wait till the Special Use is approved by the Planning Board before requesting a variance.

Manna Greene will check with the Town Board on the proposal that was formally proposed, also need to check with Terry Johnson on his knowledge of leasing the Water District’s Tower to Verizon.

Planet Pet Resort - #2010-2

Special use permit

Jeanne Walsh has recused herself from this application. Jeanne currently owns this property.

Applicant requesting a Special Use Permit and a preliminary site plan to the Planning to

convert the existing garage at 426 Main Street into an indoor/outdoor pet boarding and

grooming facility called “Planet Pet.” The property is currently served by public sewer

and water. The proposed project is classified as SIC Code 075, Animal Services (except

veterinary) which is allowed by special use permit in Rosendale’s B-1 zone.

Applicants are looking to make the building as “Green” as possible

Applicants looking to board total of 35 dogs and 10 cats maximum.

Board advised the applicants to inform the neighbors on their project so that there are no surprises once the Public Hearing is scheduled.

Board request applicants to find out if they have access rights to the property via Snyder Lane from Route 213.

Motion made by Billy Liggan, seconded by Joe Havranek to classify project as a Type II action pursuant to Section 617.5(c)(7) of SEQRA

Roll Vote: Billy Liggan – Yes, Randi Morf –Yes, Nick Mercurio - Yes, Peter Perry –Yes, Joseph Havranek – Yes, Fred Greitzer –Opposed Jeanne Walsh – Abstained

Motion Carried

Motion made by Billy Liggan, seconded by Peter Perry to refer application to the county

for review.

Roll Vote: Billy Liggan – Yes, Randi Morf –Yes, Nick Mercurio - Yes, Peter Perry –Yes, Joseph Havranek – Yes, Fred Greitzer –Yes, Jeanne Walsh – Abstained

Motion Carried

Motion made by Peter Perry, seconded by Fred Greitzer to schedule a Public Hearing for

May 6, 2010.

Roll Vote: Billy Liggan – Yes, Randi Morf –Yes, Nick Mercurio - Yes, Peter Perry –Yes, Joseph Havranek – Yes, Fred Greitzer –Yes, Jeanne Walsh – Abstained

Motion Carried

Correspondence:

None

Misc. Business:

None

Motion to adjourn the meeting @ 10:34 pm by Fred Greitzer, seconded by Peter Perry

Roll Vote: Billy Liggan – Yes, Randi Morf –Yes, Nick Mercurio - Yes, Peter Perry –Yes, Joseph Havranek – Yes, Fred Greitzer –Yes, Jeanne Walsh – Yes

Motion Carried

Next Planning Board Meeting is scheduled for May 6, 2010

Leslie Treut

Planning Board Clerk