Final

TOWN OF ROSENDALE

PLANNING BOARD MINUTES

January 6, 2011

Chairman Billy Liggan called the meeting to order at 7:40 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

Joseph Havranek -                               Present

Nick Mercurio –                                   Present

Dave Plante, C.T. Male Assoc.             Present

Also Present: Manna Jo Greene -Town Board Liaison

Sandy Peterson - Environmental Commission

Minutes:

The minutes from December 2, 2010 meeting were approved as amended.

Motion made by F. Greitzer, seconded by J.Havranek

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.

 Public Hearing –

Larsen Minor Subdivision #2010-8

Public Hearing open @7:50 pm 1/6/2011

Public Hearing close @8:05 pm 1/6/2011

Negative Declaration of Significant Adverse Environmental Impact SEQRA- Short EAF Part II was read by Dave Plante

Motion was made by N. Mercurio, seconded by F.Greitzer to accept the Negative Declaration of Significant Adverse Environmental Impact pursuant to §617.7 of the New York State Environmental Quality Review Act (SEQRA) and entered into the applicants file.

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.

Letter was received via email from a neighbor Courtia Worth, this letter was read aloud by J. Havranek and entered into the file.

Board members determined this letter does not impact this application; this letter is referring to a previous Subdivision filed by the applicant. Boards suggested Mr. Larsen contact the neighbor and discuss her concerns.

Susan Boice Wick stated she was not able to review the new map because no one was available in the Planning office. Clerk asked if she left a message or an email, Susan responded no she did not. Clerk informed her that she was available and the clerk would have returned her messages.

No other comments were taken from the Public.

Road Maintenance Agreement (RMA) received and will need to be reviewed by the Boards Attorney. A copy will be sent to MaryLou.

Motion was made by F.Greitzer, seconded by J. McEnrue to close the Public Hearing and accept written comments till January 20, 2010

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

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

Public Hearing open @8:10 pm 1/6/2011

Public Hearing close @8:55 pm 1/6/2011

Gail Greenwald- Stated she fully supports this application

Tim Morrison – asked the question on parking issues- brought up the Resolution that was accepted by the Town regarding yearly parking fees for the municipal lot

Jere Brown asked about the outdoor seating and the max number of occupants

No other comments were taken from the public.

Restaurant will serve approximately 36 occupants and provide seasonal seating (outdoors)

No changes are proposed for the outside of the building.

Applicant still needs to provide the following to the Planning Board:

1. An agreement with the Rosendale Theatre to allow the customers of the Sterer restaurant and the residents of the second floor of the Sterer Building to use the Theatre lot. Agreement will also need to be signed and notarized.

2. Cut sheets for lighting

 Motion was made by F.Greitzer, seconded by J.McEnrue to close 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

 Application has been sent to UCPB for a referral, awaiting written comments

 Clerk will send a letter to the Town Board regarding Local Law for provisions for Off Street Parking.

  Old Business:

PAAR Reality #2010-5 Site Plan Review

 Written comments were received from UCPB – No County impact indicated.

Applicant needs to apply for a sign permit.

Motion was made by J Havranek, seconded by F.Greitzer to approve Special Use permit # 2010-5, for Larry Arnold of PAAR Reality for the sale of mopeds/motorcycles at 2223 Route 32, Kingston NY

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

Motion Carried

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

Motion was made by Joe Havranek, seconded by Fred Greitzer to close the Public Hearing. Public Hearing closed January 6, 2011.

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

The Board methodically reviewed this application through the provision of the Town Code that governs the review of this application and how each requirement has been met by the applicant. Visual impact and property values were discussed in length. It was determined that neither issue would have an adverse effect on this application.The following was read aloud by Chairman Billy Liggin.

“Whereas the applicant has provided a special use permit application to the Planning Board of the Town of Rosendale; and

Whereas the application contained all of the reports and mapping that are required under 75-28(c) (14) of the Zoning Ordinance; and

Whereas the project was deemed an unlisted action and the Planning Board as Lead Agency issued a Negative Declaration of Significance, all pursuant to SEQRA regulations (6 NYCRR 617); and

Whereas the application has been referred to the Ulster County Planning Board and the Town of Rosendale Environmental Commission for their review and comment and those comments and recommendations having been received and considered by the Planning Board; and

Whereas the Planning Board has reviewed the application, comments and documentation provided by  neighboring property owners and all who expressed an interest in the review of the application whether orally at public hearings, or through written submissions to the Planning Board; and

Whereas the Planning Board has been assisted in their review of all submissions by CT Male with regard to Planning and Engineering issues including the review of a structural engineer in accordance with Section 75-28(c)(14)(m)(4), and the application was reviewed by  and the Planning Board attorney with regard to legal issues.

The Planning Board finds as follows:

1.      The applicant is not already providing adequate coverage or capacity to the Town of Rosendale.

2.      The applicant is not able to use existing facilities or sites to provide adequate coverage and capacity to the Town of Rosendale.

3.      The applicant has agreed to rent or lease available space on the tower and facility, under the terms of a fair-market lease, without discrimination to other communication tower providers.

4.      The proposed communications tower does not exceed the minimum height required to provide adequate service and will not have a significant adverse impact on historic resources, scenic views, residential property values, natural or man-made resources; and

5.      The proposed communications tower shall comply with all FCC regulations regarding emissions of electromagnetic radiation and that the required monitoring program is in place and shall be wholly paid by the applicant.

A motion was made by Fred Greitzer, seconded by Billy Liggin to deny this application due to the fact it was not pursued by the applicant to be constructed on the Town Water Tower located on Brown St.

Roll Vote:B.Liggan- No to deny, R Morf- Yes to deny, F. Greitzer- Yes to deny, N.Mercurio- No to deny, J. Walsh- Abstain, J.McEnrue- Yes to deny, J.Havranek- No to deny

Motion did not pass

Motion was made by J. Havranek seconded by F.Greitzer to grant approval with the following condition for Special Use Permit # 2010- 1

Roll Vote: Billy Liggan – Yes, Randi Morf –Yes, Fred Greitzer –No, Jeanne Walsh – Abstain – Joseph Havranek- Yes, Nick Mercurio-Yes John McEnrue- No

Motion Carried

The Planning Board grants the Special Use Permit approved with the following conditions to be met by the applicant:

1.      Applicant must obtain set back variances from the Town of Rosendale Zoning Board of Appeals;

2.      The applicant will submit a color palette to the Planning Board to determine the paint or finishing of the tower.

3.      The exterior of the accessory building shall be constructed of cement fiber, shall be colored earth tones and shall use a texture of wood shakes.

4.      All tree cutting shall be performed in the winter months per the SEQRA determination for the protection of the Indiana Bat population in accordance with the recommendation of the USFWS.

5.      The property shall be screened in accordance with the provisions of the zoning code.

6.      The applicant shall provide or cause to be provided a bonds or financial securities for the removal of the facilities, as well as for maintenance/Performance, in accordance with 75-28(c)(14)(s). These shall be 2 separate bonds or securities and shall not be combined.  The applicant is directed to provide cost estimates to the Planning Board along with the form of proposed financial security. These items will be reviewed by an engineer form CT Male and the Planning board attorney, who will make final recommendations to the Planning Board. Thereafter the Planning Board will determine the amount of the bond or financial security.

7.      The applicant owner shall establish an escrow account in an amount to be determined by the Engineering firm of CT Male in accordance with 75-28(c) (14) (u) of the Zoning Ordinance.”

      8. Payment of Escrow account for all existing billings

  New Business:

Edward Aleo #2011-1 Special Use Permit

Motion was made by J. Havranek, seconded by J. McEnrue 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, John McEnrue- Yes

Motion Carried

Mr. Aleo needs to provide the following information pertaining to this application

1. All proposed water and sewer lines, valves and hydrants

2. Landscape design plan for project

3. Proposed height of the duplex, building façade material and color

 The board has deemed this application incomplete and recommends this application be referred to the Zoning Board to obtain an area variance

 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, John McEnrue- Yes

Motion Carried

Meeting adjourned @10:50 pm

Next Planning Board Meeting is scheduled for February 3, 2011

Leslie Treut

Planning Board Clerk