Beacon City Planning Board

July 10, 2007

A Planning Board meeting was held on Tuesday, July 10, 2007 in the courtroom of the Municipal Center. The meeting commenced at 7:00 p.m. with Chairman Jay Hibbs; Members Jay Sheers, Spring Attaway and Mike Lanari; Alternate Member Jim Svetz; City Engineer John Russo (in for Art Tully); City Planner Chan Timmis (in for David Stolman); City Attorney Gerard Pisanelli and Building Inspector Tim Dexter. Members John Gunn, Randall Williams and Anne Rapalje; and Alternate Member Liz Strianese were excused.

Mr. Hibbs asked for corrections/additions to the minutes of the June 12, 2007 meeting or a motion to approve as circulated. Mr. Sheers made a motion to approve the minutes as submitted, seconded by Ms. Attaway. All voted in favor. Motion carried.

ITEM NO. 1 REVIEW AMENDMENT TO EXISTING SITE PLAN APPROVAL,

PARKING LOT MODIFICATION, SUBMITTED BY ST. FRANCIS HEALTH

CARE FOUNDATION COMMUNICATIONS & LEARNING FACILITY,

DELAVAN AVENUE

Jason Barlow, Vice President of Support Services for St. Francis Hospital introduced Connie DeFrist, Vice President of the Beacon preschool facility, and Scott Furey, Project Engineer. Mr. Barlow described their proposal to amend their approved site plan by eliminating diagonal striping, arrows and the bus lane in the parking lot. At the last meeting, discussion took place regarding resurfacing the parking lot by the end of the year however Mr. Barlow reported paving has already commenced. He provided photographs showing the ongoing paving operation. The parking lot layout with two-way traffic is proposed to remain as currently configured with the exception of new pavement and striping. They feel the need for a bus lane and removable pylons will be unnecessary because students are escorted to and from the bus. Handicap striping and a crosswalk were provided at the rear of the existing building as requested. A temporary Certificate of Occupancy was issued pending completion of the site plan improvements.

After some consideration, Mr. Sheers made a motion to grant Site Plan Approval as amended with no conditions, seconded by Mr. Svetz. All voted in favor. Motion carried. Mr. Barlow thanked the board and announced their grand opening is planned for September.

Miscellaneous Business

City Attorney Pisanelli reported the City Council requested the Planning Board to review the proposed Comprehensive Plan schedule. He reviewed the time frame for each step of the process and explained once a final plan is submitted work on making zoning changes as outlined in the plan will begin. Concerns were raised that a new Mayor and City Council will be seated on January 1, 2008 and the process may be delayed while the new members are updated on what has been done to date. Board members asked the City Attorney to encourage the City Council to make every attempt possible to get legislation passed before January 1^st. City Attorney Pisanelli reported the Comprehensive Plan Committee is hoping to get their final draft to the City Council by the end of July. Thereafter a number of procedural actions must take place, with hopes of holding two required public hearings beginning November 12^th. City Attorney Pisanelli explained he will try to draft zoning law changes simultaneously to save time. Mr. Dexter explained the Comprehensive Plan is a document intended to provide general guidance when making specific zoning changes. The rezoning process will more than likely take as long as it took to update the Comprehensive Plan. Mr. Dexter reported applicants will continue to follow zoning regulations in place because the Comprehensive Plan is only a guide, not actual zoning law. He reported one applicant (Glen Willow on Tioronda Avenue) is designing a project that is consistent with the draft Comprehensive Plan but is not consistent with the current zoning law. As a result, they are on the Zoning Board of Appeals’ agenda because zoning law changes will take some time.

ITEM NO. 2 INITIAL CONSULTATION FOR APPLICATION FOR

SUBDIVISION, 5 BUILDING LOTS, SUBMITTED BY CLARK GEBMAN,

LIBERTY STREET

Clark Gebman explained this application is a continuation of the presentation he made two years ago. Vendl and Eva Bender owned the 1.77 acre parcel known as 348 Liberty Street for over 50 years. Mr. Gebman reported the Planning Board approved a two lot subdivision to separate the Bender home from the remainder of the property. Mr. Gebman reported that at that time a wetlands study was submitted and the board accepted its conclusion that no wetlands existed on the property. Mr. Gebman described the property as angular in shape, sitting between the Fishkill Creek and Liberty Street, of which 75% is located within the 100-year flood plain. His analysis was based on the flood plain data provided by the most recent (1982) FEMA flood plan for the City of Beacon. Mr. Gebman explained the flood plan assumes that both edges of the creek are at the same elevation, although that assumption is not representative of the actual condition of his site. He reported the Liberty Street side is at a higher elevation than the other side as shown on Sheet 2 of 3 of the map. Mr. Gebman said he was not particularly pleased with the professionals doing his drawings but will provide more details in the next submission. He reviewed elevations of the property in great detail to help members understand the exact location of the flood plain in order to establish the property as buildable. Mr. Russo explained the flood study considers topography, drainage, past events and calculations for drainage, culverts and bridges, etc.

Mr. Gebman continued to analyze the study in detail as it related to his property. He reported the study considers the creek from the mouth to the City line to establish where the “floodway fringe” is located. He said a structure can be built on in the floodway fringe but cannot be built in the floodway. Mr. Gebman announced a video taken of the April storm shows water flowing rapidly down Fishkill Creek but on his property it laid dormant like glass. Mr. Gebman reviewed technical issues related to water flows, velocity and related calculations he used to determine the level of fill needed to render the property buildable. He reported FEMA would allow five times more fill than he is proposing. A lengthy and technical discussion took place regarding FEMA data and regulations. Mr. Gebman offered to prepare a written explanation of the FEMA process to provide a better understanding of the information being presented.

Mr. Gebman said this parcel has historically served as a drainage area for upstream properties. He also noted the utility pole at the edge of Liberty Street is located in a dangerous location and that water from the street drains onto his property. Although he was willing to absorb some of the cost to help solve the problem, Mr. Gebman felt the engineering issues should be worked out with the City. Further, Mr. Gebman reported Liberty Street is supported by a crumbling private stone wall which is creating an immediate danger to residents.

After a lengthy discussion, Mr. Timmis advised Mr. Gebman that more details are needed on the plat. Sight lines must be shown and the building envelopes presented may require rear yard variances. Mr. Gebman reported the water is non-navigatable because it sits between a dam and a waterfall; the property line is in middle of the Fishkill Creek although not shown by the surveyor. Mr. Timmis reported preliminary construction plans are required and overall more details are needed on the plat. Mr. Russo also requested more details on the plat, i.e. location and size of utilities, basement elevations, footing drains, sewer elevations, total site grading, etc.

Mr. Gebman reported a retaining wall will provide flat yards to the rear of each house that will allow him to construct an aesthetically pleasing classic project. Mr. Gebman asked the board to request the City Attorney, City Engineer and City Planner to propose a methodology to address and resolve the flood plain issues. More information must be provided by the applicant.

ITEM NO. 3 INITIAL CONSULTATION FOR APPLICATION FOR

SUBDIVISION, 10 BUILDING LOTS, SUBMITTED BY CLARK GEBMAN,

STONE STREET

Mr. Gebman presented a colored rendering of the proposed subdivision along Stone Street to provide a better understanding of the property. This property was owned by the McDonald’s for nearly 50 years. Mr. Gebman reported drainage for a fair portion of the mountain passes through this property. He said it is unclear whether the body of water located on the property is natural or man made. Mr. Gebman felt consideration must be given to shoring up the bank along the water body so it can serve the future needs of the City. Mr. Gebman welcomed the City’s input from an engineering perspective as to how the problem can be solved. He felt the problem is not his alone and that the City’s participation is required to address many engineering problems. Mr. Gebman reported he has been requesting documentation of nearby drainage systems for a year. He claimed the lack of cooperation has deterred him from determining the best way to make a more permanent accommodating water passageway through the property.

Mr. Gebman said the interior lots allow the pond created years ago by Mr. McDonald and nearby residents to remain. He reported Mr. McDonald created the pond by constructing a dam with piping to make the water level rise. Mr. Gebman felt the pond is a danger because it collects sediment and the water is murky. Water and sewer services are provided along Stone Street. He reported the property is fronted by Stone Street, Wilson Street and a paper street owned by the City of Beacon. Access to two of

the parcels is proposed from the paper street with the understanding that an agreement would be arranged with the City.

Mr. Gebman discussed water flow on the property and reported the brook maintained its motion during the April storm because it is higher in elevation than the other property. He reported the City increased the size of the culvert and believed the larger culvert increased the amount of water flow on his property. He was willing to do anything reasonable with the property to be a good citizen and not cause problems for Beacon residents or taxpayers.

Mr. Timmis asked that more detailed plans be submitted for review. He also informed the board that the plan shows three access driveways from the paper street. Mr. Gebman explained his proposal is a typical 25 ft. right-of-way for two property owners with deed restrictions and maintenance agreements, unless the city was willing to convey the property for a fair price. Mr. Timmis advised Mr. Gebman that “Lot F” may need a variance and one house appears to be located on top of the pond. Mr. Gebman said one of his ideas was to fill in the pond but he had no intention of building a structure over the pond as it exists. Mr. Gebman felt the City should be involved because a coordinated effort would provide an opportunity to resolve problems created by upstream development. Mr. Gebman explained he would be willing to absorb relevant costs to negotiate a plan that is environmentally safe. He asked the City Planner, City Engineer and City Attorney to provide input on how to correct the existing problems that are not of his making. Mr. Gebman explained he wants to achieve the most equitable solution. Mr. Hibbs advised the applicant to provide additional information on the plans as requested. Mr. Gebman asked the board to request their consultants provide informal input as to how the project should be made complete. Mr. Hibbs explained the City’s consultants will not design the project because they review plans that have been presented.

Mr. Gebman said the City has choices: either change or don’t. His comments were then directed to City Attorney Pisanelli. Mr. Gebman reported he presented notice of information (which exists on file) that indicates owners of Hiddenbrooke and owners of all properties in Jessen pond, including Washington Avenue and DePuyster Avenue, are all illegal tortfeasors on the economic property rights of his property. He asked City Attorney Pisanelli to make a decision now – this forum or federal court. Mr. Gebman advised Mr. Hibbs that he and his property address, as well as all members of the board, will be personally named in a lawsuit.

There was no further business to discuss and Ms. Attaway made a motion to close the meeting, seconded by Mr. Svetz. All voted in favor. Motion carried. The meeting adjourned at 8:25 p.m.