ZONING BOARD OF APPEALS

April 17, 2007

The Zoning Board of Appeals met on Tuesday, April 17, 2007 at 7:30 p.m. in the Municipal Center courtroom. Acting Chairman Kish, Members Haug, Vakirtzis and Smith; Alternate Members Sullivan and Mather; Deputy Building Inspector Dave Buckley and City Attorney Pisanelli were in attendance. Chairman Dunne was excused; Member Munoz and Alternate Member Worthy were absent.

Mr. Kish outlined the format of the Board's proceedings for the benefit of the public. The meeting was then opened on a motion by Mr. Vakirtzis, seconded by Ms. Smith. All voted in favor. Motion carried. Mr. Kish noted six members were present and four votes would be needed in order to grant a variance.

Mr. Kish called for corrections/additions or a motion to approve the minutes of the February 20, 2007 meeting. Ms. Haug made a motion to approve the minutes of the February 20, 2007 meeting as submitted, seconded by Mr. Sullivan. All voted in favor. Motion carried.

ITEM NO. 1 APPLICATION SUBMITTED BY HOWLAND PUBLIC LIBRARY, 313 MAIN STREET, TAX GRID NO. 5954-36-912861, CB ZONING DISTRICT, TO INSTALL A 8 FT. X 12 FT. MURAL ON THE BUILDING FAÇADE WHICH REQUIRES RELIEF FROM SECTION 223.15(E)(1)(B) FOR A SIGN (MURAL) THAT EXCEEDS 2 FT. IN HEIGHT AND SECTION 223.15(E)(1) TO ALLOW MORE THAN ONE SIGN AFFIXED TO THE BUILDING.

The public hearing on the application submitted by Howland Public Library, 313 Main Street, to install a 8 ft. x 12 ft. mural on the building façade which requires relief from Section 223.15(E)(1)(b) for a sign (mural) that exceeds 2 ft. in height AND Section 223.15(E)(1) to allow more than one sign affixed to the building was opened on a motion made by Mr. Vakirtzis, seconded by Ms. Haug. All voted in favor. Motion carried.

Marcia Frahman, 19 North Street and President of the Howland Public Library Board of Trustees, and artist Rick Price, 59 Beacon Street described the proposal to install a mural on the façade of the library building at 313 Main Street. They provided a large color drawing of the proposed 8 ft. x 12 ft. mural for review. The mural includes book titles, authors and represents several aspects of Beacon’s heritage. Ms. Frahman reported the board felt the mural will brighten that section of Main Street.

Mr. Vakirtzis asked how the mural design was approved. Ms. Frahman explained Mr. Price made a presentation to members of the library board and after reviewing his proposal, a vote was taken the design was approved. She explained the proposal was also presented to the City Council. Mr. Buckley explained the other mural recently approved for a Main Street building will be subject to review and approval by the Architectural Review Committee because it is located in the historical overlay district.

Mr. Kish read the following letter of support into the record:

We are writing in regards to the Howland Library asking for a variance in order to put a mural on their wall. As neighboring property owners, we are happy to have this beautiful mural on the wall of our local library. Our home is directly between the library and the high school and the Rombout School. We see crowds of kids going by our door everyday. Having a mural on the side of the library that would appeal to our children is a wonderful idea. It communicates to them that the local library is a place that welcomes them. It also communicates to them that the City of Beacon supports art and artists – a good message for aspiring young artists in our community. When one looks at vibrant smaller communities on both coasts – muralists play a wonderful part in expressing the imagination of the population. The mural is imaginative and interesting, beckoning one to take a closer look so the details can be appreciated. Anything that beckons to our youth, inspiring them to come closer to the local library is a profoundly good thing. It may even encourage some of them to enter the library and find a fascinating place that will serve them for the rest of their lives. We fully support the installation of this wonderful piece of artwork. We express our congratulations to both the library and the artist, Rick Price for their whimsically powerful initiative.

Sincerely,

Eileen O’Hare and Tom DiMauro

Dennis Pavelock, 34 Judson Street, supported the mural because a picture is worth 1,000 words. He felt it may awaken the world of art to everyone and increase interest for more murals around the City.

There were no further comments from the public and Mr. Kish verified with the Board secretary that no correspondence had been received regarding this appeal. Ms. Smith made a motion to close the public hearing, seconded by Mr. Sullivan. All voted in favor. Motion carried.

Ms. Smith made a motion to grant the requested variances for the mural on the library, seconded by Mr. Vakirtzis. All voted in favor. Motion carried. Variance granted; 6-0.

ITEM NO. 2 APPLICATION SUBMITTED BY ANTHONY FOX, 463 MAIN STREET, TAX GRID NO. 6054-37-068743, CB ZONING DISTRICT, SEEKING RELIEF FROM SECTION 223.17(C) TO CREATE A STUDIO APARTMENT IN AN EXISTING BUILDING THAT HAS A LOT AREA OF 2,500 SQ. FT. (3,000 sq. ft. required)

The public hearing on the application submitted by Anthony Fox, 463 Main Street, seeking relief from Section 223.17(c) to create a studio apartment in an existing building that has a lot area of 2,500 sq. ft. was opened on a motion made by Ms. Smith, seconded by Mr. Vakirtzis. All voted in favor. Motion carried.

Jeff Wilkinson and his client Anthony Fox described the proposal to add a studio apartment on the lower level of the building at 463 Main Street. Mr. Wilkinson explained this building is the former police headquarters, and the prior owner was issued a Special Use Permit for one very large apartment and retail space. Mr. Fox is seeking approval to amend the current site plan to create a studio apartment to the rear of the lower level, maintaining the retail space in front and an apartment on the second level. The apartment previously occupied the entire second floor and the rear portion of the ground level. The apartment is nearly 2,500 sq. ft. because the previous owner had intended to live in the building. Mr. Fox needs the additional apartment to generate more income for the property. The apartment is also more logical in terms of how the building functions. The building exterior will remain the same and access to the studio apartment will be from the rear parking lot. Mr. Wilkinson explained zoning requires 1,500 sq. ft. of space per dwelling unit and this lot provides 2,500 sq. ft. thus a variance of 500 sq. ft. is required for two apartments. Mr. Fox has operated his business in Beacon for nearly 15 years and recently moved his shop into this building. He owns a home and lives in Poughkeepsie but wants his business to remain in Beacon. Mr. Fox explained income from the apartment will help with maintenance of the building. The parking schedule is modified by one space but is far below the original parking requirements for the building. There is no need to provide additional off-street parking.

Mr. Buckley explained the request is not significant because zoning regulations require each dwelling unit have 1,500 sq. ft. per parcel to be sure the site can support the use of the building. The previously approved site plan only had one unusually large apartment with retail space on Main Street. This is an amendment to the existing Special Use Permit which must go before the City Council for approval as well.

There were no further comments from the public and Mr. Kish verified with the Board secretary that no correspondence had been received regarding this appeal. Ms. Haug made a motion to close the public hearing, seconded by Mr. Vakirtzis. All voted in favor. Motion carried.

Ms. Haug made a motion to grant the variance as requested, seconded by Ms. Smith. All voted in favor. Motion carried. Variance granted; 6-0.

There was no further business to discuss and Mr. Vakirtzis made a motion to adjourn the meeting, seconded by Mr. Sullivan. All voted in favor. Motion carried. The meeting adjourned at 7:45p.m.