Minutes
City of
REGULAR MEETING
The regular meeting of the Beacon City
Council held at the
The Mayor asked for a Moment of Silence
for Charles DelBene, Jr.
Council Members Present: Lee
Kyriacou, Elizabeth Foster, Charles Kelly, Phil Shea, Steve Gold and Eleanor
Thompson.
Also
Present were: City
Administrator, Joseph Braun
City
Attorney, Gerard Pisanelli
Patrick
LaRow from the office of Frederick P. Clarke Associates
Media
Represented by: Goldee
Greene, Beacon Free Press
Residents
at Beginning of Meeting: 40
Public Hearings:
1. Proposed Local Law Adding
Landmarks and Historic Districts to the Historic District and Landmark Overlay
Zone in Accordance with Chapter 134, Historic Preservation, of the City
Code. 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, March 20, 2006 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 which would add certain landmarks and historic districts to the Historic District and Landmark Overlay Zone in
accordance with Chapter 134, Historic Preservation of the
City Code. This local law would take effect immediately upon
filing with the Secretary of State. Complete
copies of the proposed local laws are available at the
Public Hearing
Comments:
Pastor James H. Edgar, Moderator of Session: I am asking that our building not be included
in the Historic Overlay. We are not a historical building. This building was built in 1947-1948. I have letters reflecting this request.
The following letter from Pastor James H Edgar,
First Presbyterian Church of Beacon regarding the City Historical District
addressed to the Beacon City Council dated
This letter is to request the removal of the
properties of the First Presbyterian Church, (Tax ID #6054‑30‑217764:
It may be noted that the Church was not consulted
about the inclusion of its property in a proposed Historical District of the
City. After careful reading of the local law adopted by the Council on October
21, 1991, which was available through the Planning Office, members of our
Governing Board believe the proposed action would only increase the expense of
property maintenance, (i.e.: the number of licenses required).
The Governing Body of the District has asked
churches not to be included in historical districts due to its experience.
We would appreciate a
confirmation of this communication. Thank you.
Steven Evans:
The following Email addressed to Mayor Clara Gould and Council Members
City of Beacon City Hall,
I submit these comments on behalf of Dia: Beacon, to
oppose its inclusion in the Landmark Overlay zone.
First, the inclusion is unnecessary. The Dia
property is already on the National Register, and subject to the highest
possible standards of review. Moreover, the work done at Dia has established
beyond any doubt that the restoration and maintenance of the property continues
to be done at the highest possible level.
Second, the inclusion would cause great hardship.
Dia's interior, unlike most properties in the overlay zone, is open to the
public. Because of this, Dia would be subject to a far more intrusive level of
review and scrutiny under the law than virtually all the other properties in
the City. Section 134‑4 exempts all properties from review of interior
renovations, except properties where interior spaces are open to the public.
This provision, therefore, would place a difficult and totally unnecessary
burden on the facility.
I respectfully request that the Dia property be
omitted from the proposed Landmark Overlay zone.
Thank you for this opportunity to comment.
The following is from
Steven Evans to David Stolman with a copy to City Administrator, Joseph Braun
dated
David: Thanks so much for sending the information. I
also went to look at the proposed HD & LOZ map at the Planning Department
today.
I will be coming to City Council tonight. I have
reservations regarding including Dia's land marked building in the district/zone;
it seems to be redundant to add yet another layer of administration in lieu of
our already granted historic status and review process. I am also very
concerned about the language in 134‑4 regarding interior changes; as a
dynamic museum with constantly changing exhibition needs, seeking historic
approval (beyond building permits) for interior walls adds undue hardship and
restriction.
I suggest we remove Dials parcel from the proposed
additions to the Beacon Historic District, especially in light of our National
Register status and our good standing and relationship(s) with both the City of
See you this evening,
Margery Groten, Scenic Hudson – Scenic Hudson requests that
Long Dock be excluded. We received the
notification last week. The development
is undergoing a full SEQR review. We
feel that this is an unfortunate time for this review to occur. We are concerned that the development will be
affected by this decision. We ask that
Scenic Hudson be excluded from the Historic Overlay Zone.
The
following letter addressed to Mayor Clara Lou Gould and City Council Members
dated
SCENIC
Re: Historic District and
Dear Mayor Gould and Council Members:
The Scenic
The development of the parcels is currently
undergoing a full coordinated SEQR review. The project under review reflects
SHLT's and FGB's many years of work with the community and the City on the
development of the City's Waterfront Development Zone.
For FGB, in our ongoing work to structure the
equity, mortgage and subsidized capital sources for the commercial project,
this additional level of approval will create a new uncertainty for potential
participants at a crucial period in the development of the project.
Leaving the Long Dock Beacon parcels out of the
expanded Historic District is no less protective of the environment and
historic resources because Long Dock Beacon is undergoing a full and thorough
environmental review, which includes historic resource assessment. During and
after SEQR both the Council and the Planning Board will consider required
environmental findings and permits.
The only old building on the property is the barn.
Scenic
The City of
We applaud the City's interest in protecting its
historic infrastructure. However, the implications for the Long Dock property
would work against achieving the vision which has been arrived at through the
long community planning and development process which has gotten us all to this
point.
We thank you for your consideration of this matter.
Sincerely, Margery Groten,
Senior Land Project Manager and Matthew D. Rudikoff, Partner Foss Group Beacon,
LLC
Mayor Clara Lou Gould read the following letter from Dutchess
County Department of Planning and Development, addressed to the Council dated
To: City Council, City
of
Re: Referral: 06-088,
Local Law Adding Landmarks and Historic Districts
The Dutchess County
Department of Planning & Development has reviewed the subject referral within the framework of General
Municipal Law (Article 12B, Section 239-1 and 239-m). After considering the proposed action in the
context of countywide and intermunicipal factors, the Department
finds that the Board's decision involves a matter of
some concern
Action
The City is proposing
to a list of add landmarks and historic districts to its Historic District and
Landmark Overlay Zone.
District
and Landmark Overlay Zone.
Comments
We have no general
objections to additional historic properties in the City's overlay zone, if the property owners and neighborhood have
been given proper notice and the ability to provide public
comments.
The individual listing that initially raises questions is the Long Dock property, which includes the red barn but no other surviving historic structures. This is the only land on the entire Beacon riverfront that has been designated in the zoning law for waterfront development. We have suggested in the past that mixed-use development on Long Dock would be both consistent with the LWRP and Waterfront Development zoning district and most appropriate, given its unique location for transit-oriented development in close walking distance to the rail station. The Council should make sure that this historic designation does not diminish the types of development encouraged by the LWRP and zoning. Similar questions should be considered in relation to Denning's Point and the plans for the Beacon Institute.
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
Dutchess County
Department of Planning & Development by:
John Clarke,
Development and Design Coordinator
John Clarke
Development and Design Coordinator Linda Williamson,
Walter Castle,
Mayor Clara Lou Gould: The
selection of the buildings was made by the historical society.
Maryanne Magagnos,
Linda Miller Tomlins,
Anne West, 57 Dutchess Terrace: Regarding the buildings I do know
what the code is.
Council Member Thompson:
This is something that we need to table and take back to workshop
Neil Larson: I am a
historic preservation consultant. I
represent Kim and John Lawrence. Their
property is on
Tom Baldino: I live in a house built by factory workers. The house deteriorated very badly and someone
came along and put siding on it. There
are no remaining original window frames.
They were replaced by Anderson Windows.
When I first came to Beacon, I knew my house was very old. It was not considered important enough to be
a part of the Overlay Zone. I hope it
does not cost me a lot of money. I put
solar panels on the roof. I am proud to
be in the Overlay Zone.
No further comments
Motion to Adjourn Public Hearing to
Council Member Gold: I
suggest that we take this up at our next workshop on
2. Special Use Permit Application for
a new two family dwelling at 40 Vail Avenue submitted by Louis Amoroso. Read by City Administrator Joseph Braun.
PLEASE TAKE NOTICE that the
City Council of the City of Beacon will hold a public
hearing on Monday, March 6, 2006 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 Special Use Permit Application submitted by
Louis Amoroso for a new two-family dwelling at 40 Vail Avenue, identified on City tax maps as Section 6054, Block 46,
Lot 210559. The Beacon Planning Board reviewed the application on
February 14, 2006 and recommends that the Special Use
Permit be issued subject to the applicant returning to the Planning Board for final site plan review and
that the members of the City Council assure themselves that
the parking standards of the City of Beacon are being met. A copy of the proposal is
available for inspection at the Municipal Center, Lower Level, One Municipal Plaza, Beacon, New York during
regular business hours (Monday-Friday ~ 8:30 a.m. to
4:00 p.m.) All interested persons and citizens shall have an
opportunity to be heard on said proposals at the date, time and
place aforesaid.
Betty DiPompo: I cannot
believe that so much time is being spent regarding a resident that wants to
build a two family house. I cannot understand
the holdup. Please allow him to build
his two family house.
It has already been approved.
Louis Amoroso: The property
in question is mine. The zoning and
planning board have passed this with no restrictions. Recently my councilman
came to my house and canvassed the area.
I had already done that. In the
neighborhood where I live there are 27 homes and out of the 27, 10 are two family even though it is zoned one family. I have not asked for anything special. I have lived here for years and would not do
anything to hurt Beacon. There are many
houses that are not in compliance with the fire code. My house will be in compliance. I will be living in this house.
Flora Jones: I was at the planning board meeting when Mr. Amoroso
was told that he could go to the council.
I was totally confused with that process. I would like this council to agree to have
Mr. Amoroso have his permission. This
man is a decent man with a decent family.
I am angry how this family is being treated.
Anne West: I did not buy my house until I was fifty. Beacon consists of two family homes and it
should continue this way.
Angelo Pomerico,
Dennis Walden,
Mayor Clara Lou Gould read letter from Dennis Pavelock into the
record:
To Whom It May Concern:
I am writing this letter to voice my
approval for Louie Amoroso to put a two family house on his back lot of his
property.
At the last workshop the words "in
Harmony" were mentioned.
Now I'd like to talk about the historic
overlay district on 9D.
To my understanding, if the residents
want to make structural changes, they need a Special Use Permit and or a
variance. They can't go against the
Historic nature. And in return,
residents can do a Bed and Breakfast and/or a Restaurant. My point here is the Historic Overlay on
9D. How many
restaurants and how many Bed and Breakfasts can be next to each other.
Is this "In Harmony"?
So there are 30% of two family homes in
the neighborhood. Is one more going to
make it out of Harmony?
Meg Rasmussen: I would like to say that the Amorosos are good neighbors and their property is impeccable. But what would happen if they sell it? We should pay attention to the issue of two family zoning. This property is zoned one family and we should keep it that way. I know that Lou will keep his property up beautifully but we should keep in mind the fact this property is zoned one family.
Nicole Golay: I agree with everything that Meg said. The reason I picked this area is because of the big open lots.
No further comments
Motion to close Public Hearing: Council Member Thompson. Seconded: Council Member Gold. All voted in favor. Motion carried.
Community Segment: Renewable Energy - Keith Christensen - He showed
a short film on renewable energy. He
then showed slides on Oil, Coal Mercury Contamination, air pollution
impacts, NYS Power Plants, and Wind Power, Fastest Growing Energy Source taking
off Worldwide, Price Set to Rival Conventional Power, Turbine Size and
Emissions Impact, Who is Community Energy,
Anyone who is interested in a tour of
the facilities is welcome. Mr.
Christensen can be reached at Community Energy, Phone No. 845-454-2113,
Email:
Keith.Christensen@NewWindEnergy.com
Mayor Clara Lou Gould asked for a motion
to approve the following Council Meeting Minutes:
Motion to approve minutes: Council Member Gold. Seconded: Council Member Shea. All voted in favor. Motion carried
Text for the
following reports for
Mayor Clara Lou
Gould's Communications
City
Administrator, Joseph Braun's gave his Report of Activities
City Attorney
Report of Activities is given at the 1st Meeting of the Month
Mayor Clara Lou
Gould gave her report of Activities
Council Members gave their reports of
Activities
Public Comments: Pertaining to This Agenda Only
No comments
UNFINISHED BUSINESS:
Resolutions:
1. Resolution No. 28 of 2006 - Special Use Permit
Application for a new two family dwelling at 40 Vail Avenue submitted by Louis
Amoroso. Read by City Administrator,
Joseph Braun.
WHEREAS, Louis Amoroso has applied for a Special Use
Permit from the City Council requesting approval for a new two-family dwelling;
and
WHEREAS, the Planning Board has
recommended the City Council issue said permit subject to final site plan
approval by the Planning Board; and
1. The
location and size of the use, nature and intensity of the operations involved
in such use, the size of the site in relation to it, and the location of the
site with respect to streets giving access to it, are such that it would be in
harmony with the appropriate and orderly development of the district in which
it is located; and
2. The location, nature and height of the
buildings, walls and fences, together with the nature and extent of the
landscaping of the site are such that the use will not hinder or discourage the
appropriate development and use of adjacent land and buildings; and
3. The operations in connection with the
proposed new two-family dwelling are not more objectionable to nearby
properties by reason of noise, fumes, vibration or other characteristics, than
would be the operation of any permitted use not requiring a special use permit;
and
4. Parking areas are of adequate size for the
particular use, are properly located and the driveways are laid out to achieve
maximum safety; and
5. The City Council having assured itself that
the parking standards of the City of Beacon are being met; and
WHEREAS, the City Council has determined that the
application submitted by Louis Amoroso for a Special Use Permit is an action
subject to the provisions of the State Environmental Quality Review Act
(SEQRA); and
WHEREAS, the City Council has the broadest powers to
investigate the impact of the authorization for the proposed new two-family
dwelling and since the Council has the capability to provide a thorough
Environmental Assessment of the proposed action; and
WHEREAS, the City
Council has determined that pursuant to §223-18D certain conditions and
safeguards shall be attached, which conditions and safeguards shall run with
the land, as follows:
A. Owner Occupancy Required. The owner of the lot upon which the
two-family structure is located shall occupy at least one of the dwelling units
on said lot;
B. Exterior Appearance. The entry to such
two-family building and its design shall be such that, to the degree reasonably
feasible, the exterior appearance of the two-family building will remain that
of a single-family residence.
C. Renewal Inspection. Each dwelling unit in the two-family building
shall be inspected by the Building Department every two years in order to
determine whether each dwelling unit remains in compliance with this
section. Upon a satisfactory inspection
report, the two-family building shall be re-issued a Special Use Permit. In the event that the inspection indicates
that the two-family building is no longer in compliance, the Special Use Permit
shall be revoked until the violations are cured;
Now, therefore, be
it
RESOLVED, that the City Council hereby declares itself lead
agency under SEQRA relative to the application by Louis Amoroso for a Special
Use Permit, and be it further
RESOLVED, that the City Council as lead agency under SEQRA,
has reviewed the submitted Environmental Assessment Form and has determined
that the proposed action is an unlisted action, and that the proposal will not
have a significant effect on the environment, and a Draft Environmental Impact
Statement need not be prepared, and be it further
RESOLVED, that a Special Use Permit be hereby issued
pursuant to §223-18 of the City of Beacon Zoning Ordinance to Louis Amoroso
subject to final site plan approval of the Planning Board in accordance with
the following conditions:
A. Owner Occupancy Required. The owner of the lot upon which the
two-family structure is located shall occupy at least one of the dwelling units
on said lot;
B. Exterior Appearance. The entry to such
two-family building and its design shall be such that, to the degree reasonably
feasible, the exterior appearance of the two-family building will remain that
of a single-family residence.
C. Renewal Inspection. Each dwelling unit in the two-family building
shall be inspected by the Building Department every two years in order to
determine whether each dwelling unit remains in compliance with this
section. Upon a satisfactory inspection
report, the two-family building shall be re-issued a Special Use Permit. In the event that the inspection indicates
that the two-family building is no longer in compliance, the Special Use Permit
shall be revoked until the violations are cured.
Motion
to approve Special Use Permit Application:
Council Member Kelly. Seconded: Council Member
Thompson.
Discussion: Lee: I
would like the zoning board to come to a workshop to tell us what their
reasoning was.
Comments by Council Member Gold regarding the
Amoroso Special Use Permit:
This has been a difficult decision for me and one that kept me awake many nights. I want to address a few of the public comments made tonight.
Regarding making this decision a personal one, I and others on this council have tried to separate the applicant from the application. I have tried to make my decision objectively. However it is difficult to do because I respect Mr. Amoroso for all of the work he does for the city in the Fire Department and his public service when he ran for Mayor. But the decision must be made based on the impact the application has on the city.
Someone said that we were taking too much time to make our decision. To this I respond that this issue was complicated. It involved understanding the roles of the Planning Board and the Zoning Board of Appeals as well the evaluation we on the Council are required to take. It took time to sort all of this out.
Someone also talked about the process of obtaining a special use permit. Had he gone first to the Planning Board, according to the Dave Stolman, the City Planner, he would have been turned down because a two family house is not permitted in a single family zone. He would then have gone to the Zoning Board of Appeals. This is where the applicant actually went to first. In the opinion of the City Planner, when the applicant went to the ZBA, the application should have been rejected by the ZBA. Mr. Stolman stated that the required test was not performed by the ZBA to determine if the applicant had a financial hardship that made it a necessity for him to build a two family house in a single family neighborhood. When the ZBA gave its approval it was sent to the City Council for a special use permit. The test we on the council are supposed to apply is whether the two family house is in “harmony” with the development of the district. I choose to take a restricted view and believe that it is not in harmony because this is a single family zoned neighborhood. The fact that the two homeowners who live directly opposite the location where the house will be built are opposed is indication that the neighborhood should remain single family. Also, the applicant himself stated that 10 of the 27 homes within his area are two family homes. So this two family would contribute to a neighborhood that already has many two family homes.
The position I take to vote "no" on this application is not to be punitive to the applicant but to preserve the neighborhood.
On
a roll call vote to approve Special Use Permit for Lou Amoroso: There were five
"yes" votes and Council Member Shea and Gold voted
"no". On a vote of five in
favor and two against, motion carried to approve Special Use Permit.
2. Add the following two resolutions to correct
real property tax bill of 6 Dutchess Terrace and
Motion
to add to Agenda: Council Member Thompson. Seconded: Council Member Foster. All voted in favor. Motion carried.
3. Resolution No. 29 for 2006 - Authorize the issuance of a
Corrected Real Property Tax Bill of 6 Dutchess Terrace.
WHEREAS, the 2005 taxable
assessed value of the real property located at 6 Dutchess Terrace, Grid No.
5955-83-816034, did not include senior-county and senior-town exemptions due to
clerical error, and
WHEREAS, the amount
levied for taxes was $1,856.55 which should have been $993.02, and
WHEREAS, the Dutchess
County Real Property Tax Service and the Office of the Assessor recommends that
the application for a corrected 2005/2006 County/City tax bill be approved,
NOW THEREFORE, BE IT
RESOLVED, that the amount of $1,856.55 improperly billed to Nicholas J.
Boonstra be withdrawn and a corrected tax bill in the amount of $993.02 be
issued to Nicholas J. Boonstra, the owner of real property located at 6
Dutchess Terrace, and further be it
RESOLVED, that any
interest and penalties attached to this bill in error be waived provided
payment of the corrected bill is received within 30 days of the date of mailing
the new corrected bill to the owner of 6 Dutchess Terrace, said mailing to be documented by an affidavit of
mailing.
Motion to issue corrected real property tax bill for
6 Dutchess Terrace: Council Member
Shea. Seconded: Council Member Thompson. On a roll call vote, all voted in favor. Motion carried.
4. Resolution No. 30 for 2006 - Authorize the issuance of a
corrected real property tax bill of
WHEREAS, the 2005 taxable
assessed value of the real property located at 5 Colonial Road, Grid No.
5955-19-643073, did not include veterans exemptions 41131 – Alt. Vets Combat
and 41141 – Alt. Vets Disabled due to clerical error, and
WHEREAS, the amount
levied for taxes was $537.91 which should have been $215.12, and
WHEREAS, the Dutchess
County Real Property Tax Service and the Office of the Assessor recommends that
the application for a corrected 2005/2006 County/City tax bill be approved,
NOW THEREFORE, BE IT
RESOLVED, that the amount of $537.91 improperly billed to Chris Strigos be
withdrawn and a corrected tax bill in the amount of $215.12 be issued to Chris
Stigos, the owner of real property located at
RESOLVED, that any
interest and penalties attached to this bill in error be waived provided
payment of the corrected bill is received within 30 days of the date of mailing
the new corrected bill to the owner of 5 Colonial Road, Apt 37, said mailing to be documented by an affidavit of
mailing.
Motion
to issue corrected real property tax bill for
Local Laws and Ordinances:
1. Adding Landmarks
and Historic Districts to the Historic District and Landmark Overlay Zone in
Accordance with Chapter 134, Historic Preservation, of the City Code. Second
Motion
to table until
NEW BUSINESS:
Resolutions:
1. Resolution No. 31 of
2006 - Authorize Mayor to Proclaim
WHEREAS: The AIDS pandemic
is relentlessly gaining ground, leaving millions of victims in its wake and
orphaning a new child every 15 seconds;
WHEREAS: The AIDS Orphans'
crisis is a humanitarian, economic, social and security challenge that our
global society must urgently address, these children being among the most
vulnerable of the planet;
WHEREAS: Only a
large-scale and sustainable political effort can halt this crisis;
WHEREAS: World AIDS
Orphans' Day contributes to raising public awareness about the plight of these
children;
WHEREAS: Elected
officials, guarantors of the Rights of the Child in their respective districts,
can commit their constituencies to respecting the rights of the most vulnerable
children;
WHEREAS: the moral support
given by communities can contribute to influencing governments into taking
immediate measures for the protection and global care taking of AIDS orphans,
and subsequently respecting and applying the Rights of the Child
THEREFORE: I, Clara Lou
Gould, Mayor of the City of
WORLD
AIDS ORPHANS DAY
The city invites all of
its citizens as well as the media to support this world solidarity coalition
initiated by FXB.
Motion to authorize:
Council Member Thompson. Seconded: Council Member
Gold. All voted in favor. Motion carried.
Local Laws And Ordinances:
1. Resolution No. 32
of 2006 -: Proposed Local Law
Amending § 1-3 Entitled “General Penalty”.
Set Public Hearing for
Motion to set Public Hearing on
Ratifications:
1. Resolution
No. 33 of 2006 - Ratifications for
the following W.H.
Mase Hook & Ladder: Effective
Thomas
Ciralli – Ratify as New Active Member effective
Michael
Viserto – Ratify as New Jr. Active Member (Age 16) effective March 7, 2006
Motion to ratify: Council Member Thompson. Seconded: Council Member Gold. All voted in favor. Motion carried.
Appointments:
1. Resolution No. 34 of
2006 - Recreation Commission - Reappointment