Final

TOWN OF ROSENDALE

PLANNING BOARD MINUTES

December.2, 2010

Chairman Billy Liggan called the meeting to order at 7:45 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 (Excused at 9:45)

                                    Peter Perry -                                        Absent

                                    Joseph Havranek -                               Present

                                    Nick Mercurio – (Alt)               Present

                                    Dave Plante, C.T. Male Assoc.             Present

Also Present:  Manna Jo Greene -Town Board Liaison

                       Jen Metzger - Environmental Commission

                       MaryLou Christiana- Planning Board Attorney

Minutes:

The minutes from November 4, 2010 meeting were approved as amended.

Motion made by F. Greitzer, seconded by B.Liggan  

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

Motion Carried.

Public Hearing -

PAAR Reality #2010-5 Site Plan Review 

Start: 7:48 November 4, 2010

Stop 7:49 November 4, 2010

There were no comments taken from the Public for this hearing.

Motion was made by F.Greitzer, seconded by N Mercurio to close the Public Hearing

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

Motion Carried.

No county impact .Waiting for written comments from the Ulster County Planning Board.  Applicant will be put on Agenda for January 2011

Old Business:

Hugh Polatsek#2010- 3 Special Use Permit

County recommendations discussed by board two recommendations were proposed by UCPB 1. Parking space locations

           2. Health department review.

Applicant revised Site plan to show precise locations of parking spaces.

Motion was made by J.Havranek, seconded by R.Morf to override the county’s recommendation for Health department review. The applicant is not increasing the septic or building any other structures on the property.

Roll vote:

Billy Liggan – Yes, Randi Morf –Yes, Fred Greitzer –Yes, Jeanne Walsh – Yes, – Joseph Havranek- Yes, Nick Mercurio-Yes, John McEnrue- Yes

Motion Carried

Motion was made by J. Havranek, seconded by J.Walsh to override the county’s parking request and accept Amendment #2 of site plan to show the display area for the cars.

Roll vote:

Billy Liggan – Yes, Randi Morf –Yes, Fred Greitzer –Yes, Jeanne Walsh – Yes, – Joseph Havranek- Yes, Nick Mercurio-Yes, John McEnrue- Yes

Motion Carried

Motion was made by B.Liggan, seconded by J. Havranek to approve Site Plan

#2010-3 for a used car display.

Billy Liggan – Yes, Randi Morf –Yes, Fred Greitzer –Yes, Jeanne Walsh – Yes, – Joseph Havranek- Yes, Nick Mercurio-Yes, John McEnrue- Yes

Motion Carried

Building permit is not necessary –applicant needs to apply for a sign permit.

Old Business:

Cellco Partnership d/b/a Verizon Wireless#2010-1- Special Use Permit

Second Balloon test was conducted on Nov 2, 2010; weather constraints prevented the balloon test from being conducted on a weekend as requested by the Planning Board.

Several other requests were provided to the Planning Board to include

1. Visual impact of Balloon Test from Woodland Drive

2. Record of prior contact with Town Board

3. Property value report

4. Shelter design

Mr. Olson provided the Planning Board with a copy of the LEAF (Long Environmental Assessment Form) received for the file on Dec 2, 2010, copies were provided to the members of the Board, MannaJo Greene Town Board Liaison, Jen Metzger Environmental Commission, and to MaryLou Christiana- Planning Board Attorney.

Chairman Liggan asked applicant if there are willing to open up talks with Town Board concerning town owned parcels.

Applicants reply was not at this time. They feel they have shown proof they have tried to communicate with the Town Board in 2005, 2009and 2010.

Chairman Liggan reminded the applicant that if application is approved a second Escrow account will need to be set up for the Inspections requirements as stated in the Town Code.

Applicant requested to close the Public hearing. The approval time clock also requires an extension expires Dec 2, 2010 at midnight .Applicant agreed to extend the approval time clock for 1 month till January 6, 2011. Marylou Christiana and Scott Olson drafted a letter for the extension. Letter will be provided by Attorneys for the file.

Jeanne Walsh has concerns about the previous request for the Balloon test to be conducted on a weekend. There was much discussion concerning the timing of the balloon test.

Motion was made by R.Morf, seconded by J.McEnrue to accept written comments till Dec 23, 2010 and to keep the Public Hearing open till the next scheduled meeting..

Roll Vote

Billy Liggan – Yes, Randi Morf –Yes, Fred Greitzer –Yes, Jeanne Walsh – Yes, – Joseph Havranek- Yes, Nick Mercurio-Yes, John McEnrue- Yes

Motion Carried

Motion was made by J. McEnrue, seconded by R.Morf to request the applicant conduct a third Balloon test with the following conditions:

1. Applicant will notify one of three Planning Board members within 24 hours to be present to include date and time of test. (John McEnrue, Billy Liggan, Nick Mercurio)

2. Two community representatives will also be notified (Doug Jones and Bridgett Mead)

3. CT Male will also be notified within a 24 hr period to be in attendance to verify the balloon is flown at the correct height of the proposed tower, the exact location of the proposed tower, and the exact time frame of 4 hours which is required in the Town Code.

Roll Vote

Billy Liggan – Yes, Randi Morf –Yes, Fred Greitzer –Yes, Jeanne Walsh – Yes, – Joseph Havranek- Yes, Nick Mercurio-Yes, John McEnrue- Yes

Motion Carried

Scott Olson stated he will need to check with the Applicant regarding the request for a third balloon test.

Dave Plante responded to the comments made in a letter dated Nov 15, 2010 from Van Pelt et all.

New Business:

Larsen Minor Subdivision #2010-8

Motion was made by J. Havranek, seconded by B.Liggan to classify the application as a Minor Subdivision, pursuant to Section 60-7(D) of the Rosendale Town Code.

Roll Vote

Billy Liggan – Yes, Randi Morf –Yes, Fred Greitzer –Yes, Jeanne Walsh – Yes, – Joseph Havranek- Yes, Nick Mercurio-Yes

Motion Carried

Motion was made by J.Havranek, seconded by F.Greitzer to classify the project as a Unlisted action pursuant to SEQRA and declare the Rosendale Planning Board as SEQRA lead agency.

Roll Vote

Billy Liggan – Yes, Randi Morf –Yes, Fred Greitzer –Yes, Jeanne Walsh – Yes, – Joseph Havranek- Yes, Nick Mercurio-Yes

Motion Carried

Motion was made by J. Havranek, seconded by F. Greitzer to schedule a Public hearing for January 6, 2011

Roll Vote

Billy Liggan – Yes, Randi Morf –Yes, Fred Greitzer –Yes, Jeanne Walsh – Yes, – Joseph Havranek- Yes, Nick Mercurio-Yes

Motion Carried

Final plat requires the following information to be on plat, reserve septic and well, proposed structure

RMA will need to be submitted because of the shared driveway

Sterer –Special Use /Site plan – #2010-9

Applicant is proposing to convert their existing two family residences to a commercial

restaurant ground floor with a single family residence on the second floor. 

Applicants stated they have a written agreement with the Rosendale Theatre for additional parking spaces. This letter will need to be provided to the board for the file.

Motion was made by J. Havranek, seconded by B. Liggan to classify the project as a Type II action pursuant to SEQRA

Roll Vote

Billy Liggan – Yes, Randi Morf –Yes, Fred Greitzer –Yes, Jeanne Walsh – Yes, – Joseph Havranek- Yes, Nick Mercurio-Yes

Motion Carried

Motion was made by F. Greitzer, seconded by J. Havranek to schedule a Public hearing for January 6, 2011

Roll Vote

Billy Liggan – Yes, Randi Morf –Yes, Fred Greitzer –Yes, Jeanne Walsh – Yes, – Joseph Havranek- Yes, Nick Mercurio-Yes

Motion Carried

Site plan will need to be forward to the following agencies for comments

Environment Commission (RCCE), Chief of Police, Fire Chief, Highway Superintendent and the Sewer/Water Superintendent.

Application will also need to be submitted to the UCPB for review

Applicants will need to provide a Landscape Plan, and cut sheets for proposed lighting for the outside sitting area.

Correspondence:

Comments reviewed

Motion was made by F. Greitzer to adjourn the meeting

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

Motion Carried

Meeting adjourned @10:50 pm  

Next Planning Board Meeting is scheduled for January 6, 2011

Leslie Treut

Planning Board Clerk