Minutes
City of
REGULAR MEETING
The regular meeting of the Beacon City Council at the
Council
Members Present: Deanna
Leake,
Excused: Eleanor Thompson and Mike Fasano
Also Present: City Administrator, Joseph Braun
City Attorney, Gerard Pisanelli
David
Stolman, AICP, PP President Frederick P.
The media were represented by: Michelle Lee, Poughkeepsie Journal
Resident Present at Beginning: 35
Public Hearings:
1. Proposed Local Laws
Changing the Zoning Laws A, B and C:
PLEASE TAKE NOTICE that the City Council of the City of Beacon will hold public hearings on Monday, March 21, 2005 at the City of Beacon Municipal Center, One Municipal Plaza, Beacon, New York at 7:30 p.m., or as soon thereafter as the matter is reached on the agenda, to consider three Proposed Local Laws:
1.
Proposed
Local Law A: Changing the Zoning of
Property from R1-10 One Family Residence District to R1-40 One Family Residence
District.
2.
Proposed
Local Law B: Changing the Zoning of
Property from R-1-40 One Family Residence District to R1-80 One Family
Residence District.
3.
Proposed
Local Law C: Changing the Zoning of
Property from R-1-40 One Family Residence District to R1-120 One Family Residence
District.
These local laws are intended to implement an
updating of the City’s Development Plan.
The local laws will affect changes to the zoning of parcel No.
6054-02-596808 owned by Preshrock Corp., known as the Ursuline property.
The above local laws would take effect immediately
upon filing with the Secretary of State.
Complete copies of the proposed local laws are available at the
All interested persons and citizens shall have an opportunity to be heard on said proposal at the date, time and place aforesaid.
Public
Comments on Public Hearing:
Dave Stolman gave
the following explanation of this public hearing: We are talking about the Hiddenbrooke Property, also
known as the Ursuline Property. That
property is currently in two different zoning districts. The portion closest to
Dennis Pavelock, Judson St. Beacon read the
following comments dated
I want to make my comments known regarding
the Hiddenbrooke property. I’d like to
see the city council step up to the plate and protect this property at all
costs. Other than our protected trails
and our parks, what else is left to protect.
According to our Master Plan of 1974, the conclusion for recreation says
this: Employing National Recreation
Association minimum standards, an additional 75 acres of municipal recreation
space will be needed by 1990 for a total of 160 acres to be devoted to this
use. We have proposed 123 acres. That’s a start. Respectfully submitted, Dennis Pavelock.
Brian Peralta read the following comments:
We have a problem now with flooding; with
heavy rains and melting snow/rain combinations, as you know. This will clearly be exacerbated with the
extensive development and the destruction of the mature woodlands. It is my hope that a comprehensive and
unbiased environmental assessment will determine that there is a significant
possibility that this project will have an adverse environmental impact such
that a positive declaration is issued requiring further revision and
limitations with respect to building and developing this property. We are counting on the city council to
protect current homeowners from potential damage to our properties.
David Stolman gave a comment: I would like to make a couple of points. The City Council has been entertaining this kind of rezoning for this property for quite some time. It goes back to 2003 if not further back. This is not something that is occurring in response to any particular plan that has been put forth. Secondly, the plans that people may have seen recently would not merely comply with the proposals that the city council is currently entertaining. Essentially the applicant or the property owner would have to go back pretty much to the drawing board if these three local laws are adopted by the city council. As I mentioned before, the density would be a whole lot lower than what is being proposed by virtue of those plans right now.
Bob Outer,
Bendan Mayor, Attorney at Law, Shamberg
Marwell, Davis & Hollis, P. C. – We represent the property owners. I am pleased that the council will be holding
this meeting open for a couple of weeks.
A lot of comments expressed here this evening need to go through the
planning review process. The developers
are eager to work with the council. We will be able to sit with the council’
prior to the
Richard Sugg,
I’m against the building of homes on the
Ursuline Property for the following reasons:
1. Flooding will occur when trees and land are
cleared for housing - heavy rains or spring thaws will cause this to happen.
2. The access road
being proposed on
3. Existing Sewage
Systems will not be adequate for all these homes.
4. An environmental
study should be requested because of flooding and traffic that will occur when
all these homes are built. Cleared areas
for new homes will have a severe impact on the residents in the
5. No homes should
be built on less than three acre lots and only single-family homes should be
considered.
6. A moratorium on
building in this area until proper studies have been made. Cleared areas will cause severe
flooding. This water will go into
existing streams that empty into the
Mayor
Clara Lou Gould read the following letter dated
To: City Council, City of
The Dutchess County
Department of Planning & Development has reviewed the subject referral
-within the framework of General Municipal Law (Article 12B, Sections 239-1 and
239-m). After considering the proposed action in the context of countywide and
inter-municipal factors, the Department finds that the Board's decision
involves a matter of some concern,
Action
The City is proposing
changes to its Zoning that lower residential densities for a large parcel in
the eastern portion of Beacon between
Comments
The City has been raising
minimum density requirements for large residential areas in a series of zoning
changes over recent years. As we have recommended in the past, the City should
address its housing and zoning needs in a more comprehensive city-wide
approach, The City's overall Development Plan is now over 30 years old.
From a general policy
viewpoint, our department promotes existing cities, villages and hamlet centers
as the proper place for higher densities of both residential and commercial
uses. This is a. fundamental tenet of "smart growth" strategies,
recently incorporated, into Greenway Connections, the Greenway Compact Program
for Dutchess County (see pages 24 and 27, as well as Guide B 1).
Beacon has existing
central utilities and road, rail, and recreational infrastructure to support
compact neighborhood development, Concentrating development in and immediately
around existing centers counteracts the inefficient, sprawling use of land
typical of most suburban development in southern
The proposed amendments
would increase the required land per unit in areas capable of being serviced by
central utility lines. One- and two-acre lots are inefficient for connection to
central utilities. We have not seen any specific evidence that the
environmental carrying capacities east of DePuyster are insufficient to support
the current zoning densities. On the other hand, proper development of this
parcel could perhaps cure the existing drainage problems in the immediate area.
The City can balance the
desire for protection of potentially difficult topography and sensitive
historic properties with the more efficient use of land offered by conservation
subdivision techniques. Unless required to cluster by the Planning Board,
changing these key parcels to lower densities may result in uniform large lots
in a standard suburban pattern with little usable open space preserved.
Recommendation
The Department recommends that the Board rely upon its own study of the facts in the case with due consideration of the above comments.
Garry Wood - I would like to ask Mr.
Stolman to clarify something. Regarding
the three proposals – Do you know if they comply with current zoning or do they
need to apply for variances?
Dave Stolman answered: To the best of my knowledge, there hasn’t been any review by me or the city engineer in respect to those proposals. My understanding is that a letter from Preshrock, the current owners, with the three plans attached was sent to the City Clerk. I also heard that they made an overture to meet with the planning board. But, to the best of my knowledge there hasn’t been anything submitted to me or to the city engineer. I think that what they are proposing is to take the overall density that may be attributable to the property and clustering it all down. With the City Council’s permission, the Planning Board can mandate clustering.
Brendan Mayor, Attorney for Owners - As the
County Planning Board noted, there are environmental positives to clustering in
subdivisions especially in a city such as Beacon where there is infrastructure
already available. There are studies
that say that up zoning is not the best way to protect the environment. I hope that the city takes my request to meet
with them so we can come up with an agreement.
The clustered subdivision will leave 90 acres of open space. Again,
thank you for your time.
Randall Martin, 19 Water Street – I just
wanted to make a remark about the Dutchess County Planning Board’s ideas about
putting more developments in a city like Beacon where “we already have an
infrastructure”. The people in Beacon
say the infrastructure in Beacon is crumbly and old. It is a much bigger problem than that. It is something that can be looked at if we
had studies for a master plan
Shannon Murphy,
David Stoleman gave a comment: Let me comment
on what
Lou Sebesta,
We should conserve for our citizens this rarest of resources – the most
significant open territory in Beacon
Hiddenbrooke is a natural and cultural
treasure, embracing scenic forests, streams and wildlife habitat with great
potential for low impact public recreation.
Its gentle, rolling terrain is more accessible than the steeper Hudson
Highlands upslope. Relying solely on our
mostly private waterfront will not preserve enough of our precious natural
resources for the common good.
Nature has long been cherished for
engendering a high quality of life. Our
awareness is increased as more land is devoured by encroaching sprawl. Many seek sanctuary from congestion and the
hectic pace and stresses of modern life in the renewing peace and beauty of
nature. Let’s not wait to discover the
natural heritage we saved inadequate to sustain our expanding population.
Rezoning for larger parcels is NOT the
answer, since most developers do not build in harmony with nature; instead,
they cut down all the trees to create vast sterile acreage planted with
high-income enclaves of mega mansions. A
“cluster design”, closer to
Ideally, the city should offer the
owners compensation and plan instead for uses respecting its cultural,
historic, and natural character.
The majority of ecologically sensitive
wetlands and pristine, secluded forest suitable for hiking trails and low
impact recreation should be maintained for the public in a permanent
conservation easement held by the city.
Tom Baldino,
Mayor read the following Email from a
resident Gary Larson,
Dear Mayor Clara Lou Gould and Members
of the Beacon City Council:
I would like to voice my concern
regarding the proposed residential development of the Hiddenbrooke area.
I would only hope that you and anybody
that would make a final decision on this project would first visit the
property, and view firsthand the beauty of this land. If this forest is bulldozed away, we will all
have forever lost one of the most beautiful and irreplaceable parts of our
city.
What makes Beacon special to many of us
is the river, the mountains, and the town in between. We should stop encroaching on
If there is any way to preserve
Hiddenbrooke in its current natural state, I beg you to explore every
possibility. Thank you for your
consideration.
Craig Wolf,
David Stolman gave these comments:
The city council has not reached any conclusions regarding the SEQR
project. As the Mayor said at the
outset, the prime reason that this public hearing is being adjourned until
April 4 is because we are still working and analyzing. We have not reached any conclusions and to
suggest that the city council has reached conclusions is erroneous.
Sue Anfanto,
Chuck Clement,
Bernadette Clement,
Vicki Fox,
Shannon Murphy – The Chapel on that property
is a gem. It is a beautiful piece of
architecture. It is open to everyone and
it should be open to everyone. Beacon is
becoming a Nature and Art Mecca. Over
100,000 people came to visit Dia last year.
Peter Gadbois,
Diana Rubertin,
Tom Joyce,
Christopher Ruhe, 37 Dutchess Terrace – I
thought there was a law about building on a certain amount of grade. Whatever happened to those laws? I hope you will abide by these laws that
pertain to steep slopes.
Dave Stoleman gave his comments: We did amend the zoning law with respect to
steep slopes. The city is more protected
than it was before. The code was amended
to make it more environmentally protected.
No further comments on Public Hearing.
Motion to Adjourn Public Hearing until
Community Segment: None
Mayor Clara Lou Gould asked for Approval
of Minutes for Council Meeting as follows -
Motion to approve
Reports: Text from these
reports for
Mayor’s Communications read by Mayor Clara
Lou Gould
City Attorney Report of Activities – 1st
Meeting of the Month
Mayor Clara Lou Gould read her Report of
Activities
Council Reports of Activities gave their report of activities
Public Comments: Pertaining to This Agenda Only - None
UNFINISHED BUSINESS:
Resolutions:
Local Laws
and Ordinances: The
following local laws were tabled until after Public Hearing which was adjourned
until
3. Proposed Local Law C: Changing the Zoning of Property from R-1-40
One Family Residence District to R1-120 One Family Residence District. Second
Motion
to table 1,2&3 pending outcome of Public Hearing that has been adjourned
until
NEW BUSINESS:
Resolutions:
-
1. Resolution No. 30 of 2005 - Authorizing the City of Beacon Tax Department to
Waive the $49.00 filing fee when the balance owed on any account is $10.00 or
less.
WHEREAS,
the City of Beacon Tax Department has requested that the City of
NOW, THEREFORE, BE IT
RESOLVED the City Council hereby authorizes the City of
Beacon Tax Department to forgive the $49.00 filing fee when the balance owed on
any account is $10.00 or less.
Motion to Waive $49.00 fee when balance owed is less than $10:00:
2. Resolution No. 31 of 2005 – Authorize Mayor to sign
agreement to hire Cashin Associates, P.C. For The City of Beacon Harbor
Management Plan at no Cost to the City read by City Administrator, Joseph
Braun.
RESOLVED, the City Council hereby agrees to hire Cashin
Associates, P.C. for the City of
RESOLVED, the Mayor is authorized to sign a contract with
Cashin Associates, P.C. concerning the City of
Motion
to sign agreement to hire Cashin Associates, P.C.:
Local Laws
And Ordinances:
Ratifications:
Appointments/Announcements:
1. Resolution
No. 32 of 2005 - Human Relations Commission:
Gary D. Perez for a two-year term. Term to
Expire
Motion
to appoint: Council Member Antalek. Seconded:
Council Member Leake. All voted
in favor. Motion carried.
Final
Sam Baldino,
Carmela and Dennis Walden,
Perry Pendleton – I want to thank Council Member Antalek for his
comments about
Shannon Murphy – Less cars are better. I am serious about the economic sense of
Hiddenbrook.
No further comments
Budget Amendments requiring Council Action for March 21,2005:
Amend general fund balance - $18,000 for the Highway Department –
Additional Sand & Salt
Motion to amend general fund balance:
Review of Bills: Total disbursements as of March 21, 2005: $229,583.78
Next Workshop Date:
Next Council Meeting:
Motion to Enter into an Executive Session regarding Pursuit Policy
at
Motion to end Executive Session at
Adjournment: Motion to
adjourn at
Text from reports for March 21, 2005:
Mayor’s Communication
RE: City of
Payment
request #1 for costs incurred through January 1, 2005 has been reviewed and a
payment in the amount of $50,000.00 has been approved and submitted to the
Office of the State Comptroller for processing. The City should receive payment
within 15 days.
RE: Assisting Community
Organizations to Recover and Reorganize
Legislators
KELLER-COFFEY, MOLINARO, NESBITT, ROLISON, HORTON, REILLY, FETTES, GOLDBERG,
HIGGINS, JETER-JACKSON, KNAPP, MCCABE,
TYNER, and
WHEREAS, there is
a significant portion of our
WHEREAS, the YWCA
of Dutchess County has served as the provider of several such necessary
programs, including Teen Parent Services, Family Court Supervised Visitation,
General Equivalency Diploma education (G.E.D.), and daycare for children, and
WHEREAS, the
Youth Resources Development Corporation (YRCD) has also served to provide life
altering programs such as Youth Work, the Summer Youth Employment Project,
Poughkeepsie's Promise, and Public Land Corps. and
WHEREAS, the YWCA
and YRCD have served as the only providers of some of these services and the
primary providers for others, and
WHEREAS, it is
beneficial for all of
WHEREAS, for
varied reasons, including cuts in state and federal funding, both of these
organizations were forced to close down their operations and facilities this
week, therefore leaving many Dutchess County residents more vulnerable to
circumstances, sometimes beyond their control, and
WHEREAS, the Youth
Board Director and Commissioner of Social Services are presently making
substantial efforts in exploring options in filling the void left by the
termination of some youth and human services, now, therefore, be it
RESOLVED, that
Dutchess County Government, through combined efforts of the Legislature and the
Executive, utilize available resources and influence to coordinate efforts by
all levels of government, other existing non-profit organizations, and the
private sector to develop strategies for re-establishing these vital programs,
and, be it further
RESOLVED, that
Dutchess County Government, in partnership with other organizations, encourage
the non-profits of our county community to better coordinate operations so as
not to duplicate services and to maximize impacts as much as possible, and, be
it further
RESOLVED, that
the Dutchess County Legislature supports the efforts being made by the Youth
Bureau and Department of Social Services, and, be it further
RESOLVED that
that a copy of this resolution be forwarded to
United States
Senators Charles E. Schumer and Hillary Rodham Clinton, Congresswoman Sue Kelly
and Congressmen Maurice Hinchey and John E. Sweeney, Governor George E. Pataki,
Senators Stephen M. Saland and Vincent Leibell, Assemblymen Thomas Kirwan, Joel
M. Miller, Patrick R. Manning, Willis H. Stephens Jr., and Kevin Cahill,
Supervisors of the Towns and Mayors of the Villages and Cities in Dutchess
County, and the supervisors and the towns and mayors of the villages and cities
in Dutchess County.
RE: Annual Compliance
Inspections – SPDES Permit No. NY 0025976
An annual
inspection of the referenced facility was recently performed by a
representative of this Department for purpose of evaluating compliance with the
State Pollutant Discharge Elimination System (SPDES) Permit and Article 17 of
the Environmental Conservation Law.
Please refer to
the attached copy of the inspection report for more detailed information.
The facility was
found to be operating in a satisfactory manner during this inspection and no
deficiencies were noted.
Your cooperation
in complying with your SPDES Permit and the protection of
RE: Agreement C006403 –
Harbor Management Planning and Design of Waterfront Facility Renovation.
Your request to
amend the budget in Appendix B and the work program in Appendix D of the
Agreement has been reviewed and approved. Enclosed is a copy for your file.
If you have any
questions please contact me at (518) 473-2466 or lparent@dos.state.ny.us .
Division of
Coastal Resources
RE: Programming Changes
Coming April 4th
Through
Cablevision's continuing efforts, to improve the choice, variety and value of
our cable television services, there are a few programming changes scheduled to
take place on April 4 that I'd like to bring to your attention:
ü The SciFi Channel has been
unscrambled and added to the Family tier; on April 4 it will move from channel
73 to channel 48;
ü QVC, which has only been
available to customers with the Family tier and above levels of service, will
move from channel 48 to channel 78 and be made available to all customers;
ü The Public Access channel
will move from channel 78 to channel 21;
ü FitTV will be added to the
line-up and will broadcast from
ü Depending on your service
area, the Classified Ad Channel or CMT that have been broadcasting part-time
on. Channel 21 between 2AM and 8PM, will be discontinued- CMT continues as a
full-time channel on 187 and plans are in I development for a new interactive
real estate classified ads channel similar to the Optimum Autos services on
channel 605.
These
changes follow recent additions to our channel line up: FUSE, a new popular
music channel, has been added to our line-up for Family tier M, iO customers
with digital converters on channel 87, W Showcase has been added to the line-up
on channel 101, Telemundo Puerto Rico has been added to the iO tier on. Channel
198 and Nickelodeon On Demand has been added as a free service to iO tier
customers, None of these programming changes will effect current pricing, but
will certainly add value to our levels of cable television services.
If
you have any questions or suggestions concerning cable television, please don't
hesitate to
call
me at (845) 296-3564 or via email at rconnor@cablevision.com
RE: Public Issue Forum
I
am inviting you to attend a Public Issues Forum on
be
"Dysfunctional Democracy: How Can We Improve Our State Government?"
Our sponsors
include
the Poughkeepsie Journal, the Gillespie Forum, the College's Political Science
Club, and
the
diverse
backgrounds together to discuss issues in a non-confrontational fashion, The
Poughkeepsie
Journal
plans to provide extensive coverage of the forum and of the conclusions of the
participants.
The
forum planners are arranging a panel for the day, which win be composed of
individuals
reflecting
a broad cross-section of views on these issues.
All
participants will receive a packet of preparatory materials in advance of the
forum and all participants will be provided with refreshments and lunch at no
cost to themselves. If you are interested in participating, please call and
leave a clear message, including your name, mailing address, and telephone
number at 431-8528, or write to either Professor Joel Diemond
diernond@sunydutchess.edu) or Professor Richard Reitano (reitano@sunydutchess.edu) Dutchess
Community College no later than Monday, April 4, 2005. If you have questions,
please call Professor Diemond at 431-8515.
RE: Restore Funding to the
Community Development Block Grant
As
an update, I wanted to let you know that last night the Senate approved an
amendment to restore funding to the Community Development Block Grant (CDBG)
Program in the fiscal year 2006 Budget. The amendment, which was approved by a
vote of 66-31, will provide $2.07 billion in funding to restore the CDBG
program and other programs that faced elimination under the President's Budget.
According to the Department of Housing and Urban Development (HUD), in Fiscal
Year 2005,
The
Community Development Block Grants program has long been a lifeline for local
towns and cities, allowing them to make critical investments that have returns
for years to come. I am glad that the Senate took action to restore the cuts
and will continue to fight against any attempts to undermine these critical
programs.
Since
1974, this successful program has provided critical funds to cities so that
they can make affordable housing available, revitalize run down neighborhoods
and provide economic development opportunities to those who need them most. I
will work to ensure that this vital funding remains in the Budget as it
proceeds through the appropriations process.
Mayor Clara Lou Gould’s Report for March 21, 2005
MAYOR'S REPORT
Council Member’s Reports for
March 21, 2005
Council Member
Antalek: Once again, I am asking that
someone or a committee get involved with