Minutes
City of
REGULAR MEETING
The regular meeting of the Beacon City Council at
Council Members Present: Deanna Leake, Eleanor
Thompson,
Also present were: City
Administrator, Joseph Braun
City Attorney, Gerard
Pisanelli
David Stolman, AICP,
PP President of Frederick P. Clark Associates, Inc. Planning/Development
The media were represented by: Goldee Greene, Beacon Free
Press
Number of Residents at
Beginning: 60
Public Hearings:
1. Proposed Local Law A: Changing the Zoning of Property from R1-10
One Family Residence District to R1-40 One Family Residence District. Adjourned
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. Adjourned
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. Adjourned
NOTICE OF PUBLIC HEARINGS
PLEASE TAKE NOTICE that the City Council of the City of
Public hearings on
Center,
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 R 1 -10 One
Family
Residence District to Rl-40 One Family Residence District.
2.
Proposed Local Law B: Changing the Zoning of Property from R-l-40 One
Family
Residence District to Rl-80 One Family Residence District.
3.
Proposed Local Law C: Changing the Zoning of Property from R-l-40 One
Family
Residence District to R 1-120 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
All interested persons and
citizens shall have an opportunity to be heard on said proposal at the date,
time and place aforesaid.
Public Comments for Hearing
Brendan J. Mayor,
Attorney at Law Shamberg Marwell, Davis & Hollis, P.C. representing the
developer of the Hiddenbrooke Property - Just as a follow up of our meeting
held in April, we thank you again for giving us this opportunity to speak. Since then our surveyor has been out to
inspect the site. It is now in the hands
of our engineers.
Sue Anfanti We
handed in a lot of names and spoke to a lot of people. Most people in Beacon do not want
Hiddenbrooke developed. I hope the city
is thinking about purchasing the land back.
If you can take some action to let them know how you feel. We know how the people feel but they cannot
do anything. It is really in your hands.
If there is anygthing you can do such as an option to buy or a moratorium
whatever you need to do to purchase the property back, I think it would be fair
to everyone do something as quickly as possible.
Mike Lanari I
have to disagree with the previous speaker.
There are some parcels of property that were tax-exempt and we should
try to get them back. I think it is very
bad to send a message that we are going to go around and buy up things. I think it is beautiful and at one time I was
thinking about purchasing property there.
If one would like to preserve the land, they should do so.
Bernadette
Clement
Carol March 425 South
Avenue, Beacon I think developing something is irreversible. By developing it, 20 years from now, you
might say I made a mistake. Other towns
will look at Beacon as a special place.
We want to send a message that we are not greedy but we are
thoughtful. We consider each piece of
property carefully. I am very much for
buying it and keeping it as a place to enjoy.
Dennis Pavelock,
Shannon Murphy
As far as technology and use of chemicals to clean up this property, it does
not replace the immediate interaction for us to have this place and share it
and bring people here to learn so much about systems and silence.
Don Murphy: I grew up on that property. That is a very special place. My fond memories of growing up are connected
to that property. I may be biased
because of the time I spent with my grand parents. If there is a way we can protect that land,
it should be done. There are very few
pieces of property such as that. From
the things I am hearing here, Hiddenbrooke will become a huge draw for the tri
state area to enjoy and worship at.
The following comments written by Peggy Rose, 456
Main Street dated June 20, 2005 were distributed to the City of Beacon Council
Members on the June 20, 2005 Council Meeting.
FACTS OF HIDDENBROOKE
1. Owner wants to donate 80 acres back to the
Carmelite Nuns to be left as open space, never to be sold and to protect their
way of life.
2. Development will only take approximately 20 plus
acres for town houses, which will bring more tax revenue into the community.
3. City had 15 yrs to buy this property if it had
shown interest but is interested in paying $3.5 million of taxpayer money for a
public park, which would require maintenance, roads and ground keeping at a
greater cost to city tax payers.
4. It is our understanding that the City contacted
the
5. Many properties have been converted to not for
profit, which has put a tax burden on the citizens of Beacon and has not
brought any new business to the community.
6. It is imperative to save our beautiful mountains
therefore, we think the proposal in front of the counsel to donate 80 acres to
the sisters of the Carmelites and some to the City is an equal balance to do both without costing any of the tax payers more money and protect
the open space.
Dianna Burton
Shannon Murphy
Hiddenbrooke How do we integrate what is there already? How do we share what is in this place with
the rest of the community. The chapel
was given to a private citizen. That is
the heart of this monastery. I feel that
it not enough to give away the 30 acres and the chapel. It is a whole integrated place and it needs
to be shared.
Fritz Ohlhoff
Hiddenbrooke is a beautiful place. I
went there two weeks ago and I saw turkeys there.
Christopher Rhue
CSE I want to mention that there is not only beautiful properties such as
Hiddenbrooke. There are many locations
that need to be protected.
No further
comments.
Motion to adjourn
public hearing to unspecified date:
Council Member Antalek.
Seconded: Council Member
Fasano. All voted in favor. Motion carried.
4. Proposed Local Law Amending Chapter 223, Zoning, and 195,
Subdivision of Land, of the City of
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the City of Beacon will hold a public hearing on Monday, June 20, 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 a Proposed Local Law Amending Chapters 223, Zoning, and 195, Subdivision of Land, of the City of Beacon Code with respect to Private Roads, Driveways and Common Driveways.
This
local law is intended to incorporate private roads, common driveways and regulations
therefore into Chapters 223 and 195 of the City Code.
The local law would take effect immediately
upon its filing with the Secretary of State.
Complete copies of the proposed local law are available at the
All interested persons and citizens shall
have an opportunity to be heard on said proposals at the date, time and place
aforesaid.
Public
Comments:
Dennis
Pavelock,
David
Stolman: What this law does is amend the
zoning law and sub-division regulations to allow the Planning board to provide
standards for the construction of those private roads. The roads will be kept
private. The city will not maintain
these private roads. The maximum number
of homes is four, which can be extended to six.
The
following memorandum addressed to Mayor Gould and the City Council from Etha
Grogan the Planning Board Secretary dated
At the
If you have any questions, feel free to contact me.
Thank you.
The following memo was
addressed to City of
To: City
Council, City of
Re: Referral: 05-318, Local Law on Private Roads
and Driveways
The Dutchess County Department of Planning &
Development has reviewed the subject referral within the framework of General
Municipal Law (Article12B, 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 and
Subdivision Regulations in regards to private roads and common driveways.
Comments
We generally endorse the inclusion of private roads and common driveway standards. The section on cul-de-sacs, however, requires a diameter much too large. *Attached are design guidelines from various sources that recommend more compact turnarounds to limit impervious surfaces and increase green spaces. A statement could also be included that recommends interconnected or loop roads, whenever practical, rather than dead-end streets to improve access for service and emergency vehicles.
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.
Roger P. Akeley, Commissioner
*Not attached to these minutes. They are available at City of Beacon City
Hall.
Motion to close Public Hearing:
Council Member Fasano. Seconded: Council Member Thompson. All voted in favor. Motion carried.
4.
Proposed
Local Law Amending Chapter 139
Section 9 Free Dumping at Recycling Center.
Read by City Administrator, Joseph Braun.
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the City of Beacon will hold a public hearing on Monday, June 20, 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 a Proposed Local Law Amending Chapter 131-9 Free Dumping at Recycling Center and Changing Name to Free Use of Recycling Center
This
local law is intended to adjust the start time of free use of the
The local law would take effect immediately
upon its filing with the Secretary of State.
Complete copies of the proposed local law are available at the
All interested persons and citizens shall
have an opportunity to be heard on said proposals at the date, time and place
aforesaid.
Public
Comments:
Betty DiPompo,
City
Attorney, Gerard Pisanelli: They only want to make the
start date flexible. There will be no
other changes.
No
further comments.
Motion to close Public Hearing:
6. Proposed Local Law Adding to Chapter 43 of the
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the City of Beacon will hold a public hearing on Monday, June 20, 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 a Proposed Local Law to amend Chapter 43 of the Beacon City Code Entitled Officers and Employees by adding Article III Hiring of Relatives.
This
local law is intended to amend Chapter 43 by adding Article III to provide
guidelines for the City of
The local law would take effect immediately
upon its filing with the Secretary of State.
Complete copies of the proposed local law are available at the
All interested persons and citizens shall
have an opportunity to be heard on said proposals at the date, time and place
aforesaid.
Public
Comments:
Dennis Pavelock,
No
further comments.
Motion
to close Public Hearing: Council
Member Thompson. Seconded: Council Member Leake. All voted in favor. Motion carried.
Community Segment:
None
Approval of Minutes: The
Mayor requested a motion to approve minutes for the following Beacon City
Council Meeting:
Motion to approve minutes:
Text from the following reports for
Mayors Communications Read by Mayor
Clara Lou Gould
City Administrator, Joseph Braun read his
Report of Activities
City Attorney, Gerard Pisanelli gives his
Report of Activities 1st Meeting of the Month
Mayor Clara Lou Gould read her Report of
Activities
Council Members gave their Reports of
Activities
Public Comments: Pertaining to This Agenda Only
None
UNFINISHED BUSINESS:
Resolutions:
Local Laws
and Ordinances:
1 Proposed Local Law A: Changing the Zoning of Property from R1-10
One Family Residence District to R1-40 One Family Residence District.
(Hiddenbrooke) Tabled -
a. Adopt Negative Declaration for Proposed Local Law A: Changing the Zoning of Property from
R1-10 One Family Residence District to R1-40 One Family Residence District.
b.
Adopt 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.
(Hiddenbrooke) Tabled -
a. Adopt Negative Declaration for Proposed Local Law B: Changing the Zoning of Property from
R1-40 One Family Residence District to R1-80 One Family Residence District.
b.
Adopt Proposed Local
Law B: Changing the Zoning of Property
from R1-40 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.
(Hiddenbrooke) Tabled -
a. Adopt Negative
Declaration for Proposed Local Law
C: Changing the Zoning of
Property from R1-40 One Family Residence District to R1-120 One Family
Residence District.
b. Adopt Proposed
Local Law C: Changing the Zoning of
Property from R1-40 One Family Residence District to R1-120 One Family Residence
District.
Motion to table Proposed Local Law
A, B, and C - No. 1, 2, and 3 above to a future date: Council Member Fasano. Seconded:
Council Member Antalek. All voted
in favor except Council Member Kyriacou who voted no. With a vote of six yes and one no, motion
carried.
4. Proposed Local Law Amending Chapter 223, Zoning, and 195,
Subdivision of Land, of the City of
a. Resolution No. 62
of 2005 - Adopt Negative Declaration for Proposed Local Law Amending Chapter 223, Zoning, and 195, Subdivision
of Land, of the City of Beacon Code with Respect to Private Roads, Driveways
and Common Driveways.
ATTACHMENT
NEGATIVE
DECLARATION: REASONS SUPPORTING
DETERMINATION
LOCAL LAW AMENDING THE CITY OF
CHAPTER 195, SUBDIVISION OF LAND
AND CHAPTER 223, ZONING
The purpose of the proposed Local Law is to amend
Chapter 195, Subdivision of Land, and Chapter 223, Zoning, of the City of
The use of private roads, as opposed to public City
streets, will involve less grading, paving, storm water and overall site
disturbance. Therefore, the proposed
Local Law will not have an adverse impact on the environment, but rather will
improve the character of the community and better serve the Citys interest.
CONCLUSIONS
The Proposed Action will not result in any
significant adverse impacts to the environment.
More specifically:
The Proposed Action will not directly result in any
construction or physical changes to any properties.
The Proposed Action will not have a significant adverse
environmental impact on any Critical Environmental Area (CEA).
The Proposed Action will not have a significant adverse
environmental impact on any unique or unusual landforms.
The Proposed Action will not have a significant adverse
environmental impact on any water body designated as protected.
The Proposed Action will not have a significant adverse
environmental impact on any non-protected existing or new body of water.
The Proposed Action will not have a significant adverse
environmental impact on surface or groundwater quality or quantity.
The Proposed Action will not have a significant adverse
environmental impact on or alter drainage flows or patterns, or surface water
runoff.
The Proposed Action will not have a significant adverse
environmental impact on air quality.
The Proposed Action will not have a significant adverse
environmental impact on any threatened or endangered species.
The Proposed Action will not have a significant adverse
environmental impact on any non-threatened or non-endangered species.
The Proposed Action will not have a significant adverse
environmental impact on agricultural land resources.
The Proposed Action will not have a significant adverse
environmental impact on aesthetic resources.
The Proposed Action will not have a significant adverse
environmental impact on any site or structure of historic, prehistoric or
paleontological importance.
The Proposed Action will not have a significant adverse
environmental impact on the quantity or quality of existing or future open
spaces or recreational opportunities.
The Proposed Action will not have a significant adverse
environmental impact on existing transportation systems.
The Proposed Action
will not have a significant adverse environmental impact on the community's
sources of fuel or energy supply.
The Proposed Action will not have a significant adverse
environmental impact as a result of objectionable odors, noise or vibration.
The Proposed Action will not have a significant adverse
environmental impact on the public health and safety.
The Proposed Action will not have a significant adverse
environmental impact on the character of the existing community.
Based upon this information
and the information in the Full Environmental Assessment Form, the City Council
finds that the Proposed Action will not have any significant adverse impacts
upon the environment. This Negative
Declaration indicates that no environmental impact statement need be prepared
and that the SEQRA process is complete.
Motion to accept Negative Declaration for Proposed Local Law
Amending Chapter 223:
b. Resolution No. 63
of 2005 - Adopt Local Law No. 04 of 2005 - Amending Chapter 223, Zoning, and 195, Subdivision
of Land, of the City of Beacon Code with Respect to Private Roads, Driveways
and Common Driveways
PROPOSED LOCAL LAW AMENDING CHAPTER 223, ZONING, AND 195, SUBDIVISION
OF LAND, OF THE CITY OF BEACON CODE WITH RESPECT TO PRIVATE ROADS, DRIVEWAYS
AND COMMON DRIVEWAYS
BE
IT ENACTED
by the City Council of the City of
SECTION 1. TITLE
This local law shall be entitled,
"A Local Law Updating Chapter 223 Zoning, and Chapter 195, Subdivision of
Land, of the City of Beacon Code
SECTION 2.
INTENT AND PURPOSE
The intent and purpose of this Local Law is to incorporate
private roads, common driveways and regulations therefor into Chapters 223 and
195 of the City Code.
SECTION 3.
CODE AMENDMENTS
1. Section
223-12.G of the
G.
Required
street frontage. No building permit shall be issued for any structure unless
the lot upon which that structure is to be built has the required frontage on a
street, private road or highway, as defined
herein, which street frontage, except in the case
of a common driveway, provides the actual access to such structure,
and which street, private road or highway shall have
been suitably improved to the satisfaction of the Planning Board or a
performance bond posted therefor as provided in § 36 of the General City
Law (Chapter 21 of the Consolidated Laws) of New York State.
2. The following new
definition shall be added to Section 223-63 of the
PRIVATE ROAD A road which is privately owned and
maintained.
3. Chapter
195, Subdivision of Land, is hereby amended and shall read as follows:
Chapter 195
SUBDIVISION OF
LAND
ARTICLE I
General
Provisions
§ 195-1. Authority.
§ 195-2. Jurisdiction.
§ 195-3. Resubdivision.
§ 195-4. Policy.
§ 195-5 Building permits.
§ 195-6. Modification of regulations.
§ 195-7. Changes to this chapter.
§ 195-8. Separability clause.
§ 195-9. Enactment.
ARTICLE II
Definitions
§ 195-10. Definitions.
ARTICLE III
Application
Procedure
§ 195-11. General procedure.
§ 195-12. Initial conference and review.
§ 195-13. Preliminary plat.
§ 195-14. Final plat.
ARTICLE IV
Required
Improvements and Agreements
§ 195-15. Completion of improvements or filing of bond.
§ 195-16. Inspection of improvements.
§ 195-17. Future status of Streets, parks and easements.
§ 195-18. Waiver of required improvements.
§ 195-19. Certificates
of occupancy for structures fronting on bonded streets and
private roads.
ARTICLE V
General
Requirements for Subdivision Design
§ 195-20. General.
§ 195-21. Streets.
§ 195-22. Private roads.
§ 195-2223. Improvements.
§ 195-2324. Lots and driveways.
§ 195-2425. Reservations and easements.
§ 195-2526. Miscellaneous.
ARTICLE VI
Specifications
for Plats and Plans
§ 195-2627. Preliminary plat.
§ 195-2728. Preliminary construction plans.
§ 195-2829. Final subdivision plat.
§ 195-2930. Final construction plans.
ARTICLE I
General
Provisions
§ 195-1. Authority.
By authority of the City
Council, pursuant to the provisions of the General City Law, the Planning Board
has the power and authority to review and approve or disapprove plats
§ 195-2. Jurisdiction.
Land within the City of
Beacon may be subdivided into lots, blocks or sites, with or without streets, private
roads or highways, only if approved by the Planning Board in
accordance with the procedures and requirements as set forth in this chapter
and only if the approved plat is duly filed in the Office of the County Clerk
of Dutchess County, New York.
Construction, excavation, filling, regrading, clearing of vegetation, or
other similar activities related to a proposed subdivision shall not be begun
within any area proposed or intended for subdivision until said subdivision
shall have been approved, or approved with modifications by the Planning Board.
§ 195-3. Resubdivision.
A resubdivision, as defined
herein, is subject to the same procedure, rules and regulations applicable to
an original subdivision.
§ 195-4. Policy.
It is declared to be the policy of the City to consider land subdivisions as part of a plan for the orderly, efficient and economical development of the City. Land to be subdivided shall be of such character that it can be used safely for building or development purposes without danger to health or peril from fire, flood or other menace, and without resulting in significant damage to the ecology of the area in which it is located. Proper provision shall be made for drainage, water, sewerage, electric, telephone, gas, and other needed improvements. The proposed streets, private roads or highways shall compose a convenient system conforming to the Official Map and shall be properly related to the proposals shown on the City Development Plan. Streets, private roads or highways shall be of such width, grade and location as to accommodate the prospective traffic, to afford adequate light and air, and to facilitate fire and police protection. In proper cases, and when required by the Planning Board, a park or parks of suitable location, size, and character for playground or other recreational purposes shal