Minutes

Beacon City Council Meeting

April 5, 2004

The meeting of the Beacon City Council held at the Municipal Center at One Municipal Plaza was called to order at 7:33 pm by Mayor Clara Lou Gould with a pledge of allegiance to the flag.

Council Members in attendance were: Deanna Leake, Eleanor Thompson, Sam Way, Fred Antalek and Mike Fasano.

Council Member excused: Lee Kyriacou

Also in attendance were: City Administrator, Joseph Braun

City Attorney, Gerard Pisanelli

The media was represented by: Michelle Lee, Poughkeepsie Journal

There were 23 residents in attendance at the beginning of the meeting.

Public Hearings:

1. Special Use Permit: Meadow Ridge Phase II – Senior Housing Facility – Applicant: Hudson Valley Housing Development Fund Company.

PLEASE TAKE NOTICE that the City Council of the City of Beacon will hold a public hearing on Monday, April 5, 2004 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 Hudson Valley Housing Development Fund Company, Inc. for a 52 Unit Senior Housing Facility at the Meadow Ridge II Site located off Matteawan Road.

A copy of their proposal is available for inspection at the Municipal Center, Lower Level, One Municipal Plaza, Beacon, New York during regular business hours (Monday-Friday ~ 8:30am to 4:00pm)

All interested persons and citizens shall have an opportunity to be heard on said proposals at the date, time and place aforesaid.

Public Comments:

Donald L. Swartz, of the Hudson Valley Housing Development Fund Company, Inc. did a presentation on Meadow Ridge Phase II Senior Housing Facility, which included a video as part of his presentation.

Mayor Clara Lou Gould read the following letter written by John Clarke, Development and Design Coordinator dated April 2, 2004 as follows:

To, Beacon City Council and Planning Board Re: Referral: 04‑134, Meadow Ridge II

Parcel: 6055‑03‑266178, Special Permit and Site Plan

The Duchess 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 interinunicipal factors, the Department finds that the Board's decision involves a matter of concern and offers the following comments.

Action

The applicant is seeking to construct 52 units of senior housing in a single building on 7.39 acres.

Comments

Our department is supportive of the provision of affordable senior housing in existing village or city centers. The plans for phase H appear architecturally commendable and well‑sited for the terrain.

We have two suggestions for the entry drive. First, the 25‑foot width seems excessively wide and will encourage faster than desirable vehicle speeds. Narrower streets tend to be safer. Second, there is not adequate separation between the entry drive and the sidewalk, especially given the sloping grade and curving alignment. Greenway Connections recommends that street trees, 30 ‑ 40 feet apart, be placed in a 5‑foot minimum-planting strip between the street and sidewalk. This would protect pedestrians from errant traffic and road spray, allow room for now storage, and help perceptually narrow the road to promote slow travel speeds. Narrowing the driveway by 3 feet would allow a safer and more attractive entry drive, lined with street trees in a 6‑foot planting strip.

Recommendation

The Department recommends that the City rely upon its own study of the facts in this case with due consideration of the above comments.

Roger P. Akeley, Commissioner

Dutchess County Department of Planning & Development

Ted Van Vlack, 14 Pocket Road – Wanted to know the age of the seniors who would be eligible for these apartments and how much would they cost. He was told that anyone over the age of 62 is eligible and their spouse should be over the age of.55. The units will consist of one and two bedrooms and the rental cost will range from $490.00 to $790.00. When Mr. Van Vlack asked if these units would be available only to Beacon Residents, he was told that they would be available to anyone who applies. His other concerns were stop signs, property taxes, and the traffic problem if the tenants drive cars. He thought that there should be more planning for this

No further comments.

Motion to close this hearing: Council Member Antalek. Seconded: Council Member Fasano. All voted in favor. Motion carried.

2. Proposed Local Law Amending Chapter 223 of the City of Beacon Code with Respect to Home Occupations, Home Offices and Artist Studios.

PLEASE TAKE NOTICE that the City Council of the City of Beacon will hold a public hearing on Monday, April 5, 2004 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 223 Zoning Of The Beacon City Code with Respect to Home Occupations, Home Offices and Artist Studios.

When located in a residence, the proposed Local Law would categorize an artist studio as a home occupation (which does not need a permit or approval) so long as the artist studio:

1. uses customary home or home-scale equipment; and

2. does not require a building permit for the installation of equipment.

If the accessory artist studio in a home were to not meet both of the criteria above, it would then be a special permit use regulated in accordance with new Section 223-24.6 which includes an inspection procedure.

Further, the proposed Local Law would amend the definition of "home occupation," and would change the term "home office" to "home professional office" to better describe this use. In addition, existing Section 223-17.1 pertaining to home occupations (which would now include certain artist studios) and home professional offices would be modified so as to improve these regulations.

Lastly, the listing of artist studio as a principal use in the residential zoning districts would be modified, as previously discussed, so as to simplify the listing.

The above local law would take effect immediately upon filing with the Secretary of State. Complete copies of the proposed local laws are available at the Municipal Center for inspection during regular business hours.

All interested persons and citizens shall have an opportunity to be heard on said proposals at the date, time and place aforesaid.

Public Comments:

Email to Mayor Gould from Sara Pasti, Executive Director Beacon Cultural Foundation Bulldog studios

Dear Clara Lou: Because I may not be able to attend this week’s City Council Meeting, I am writing to register my support for the proposed law regarding Artists Studios.

I commend the City Council Consultant David Stolman and Building Inspector Timothy Desxter for their willingness to listen carefully to the artist community’s needs, to reflect thoughtfully on the situation, and to take the time necessary to find a solution that will work for artists, for those individuals who operate home offices, and for the residential communities in which these artists and individuals live and work. Thank you.

John Maffucci, 62 Beacon Street – I have been trying to get a building permit to redo my garage into a studio. Can I go ahead with my plan? He was told that he could go forward. He was told to refer the section of the law, which pertains to accessory areas.

Len Warner – Would like to a clarification as to what is considered manufacturing. He also thanked the mayor and city council for their receptiveness to all his emails and inquiries.

No further comments.

Motion to close this hearing: Council Member Way. Seconded: Council Member Leake. All voted in favor. Motion carried.

3. Proposed Local Law Amending The Zoning Law with Respect to average Density and Conservation Subdivisions (Clustering).

PLEASE TAKE NOTICE that the City Council of the City of Beacon will hold a public hearing on Monday, April 5, 2004 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 the Zoning Law with Respect to average Density and Conservation Subdivisions (Clustering).

This local law is intended to bring the City’s Zoning Law into compliance with the New York State City Law and to implement an updating of the City’s Department Plan.

1. The following new definition shall be added to Section 223-63, Definitions, of the Zoning chapter in its proper alphabetical order:

CONSERVATION SUBDIVISION – A subdivision plat in which this chapter is modified to provide an alternative permitted method for the layout, configuration and design of lots, buildings and structures, roads, utility lines and other infrastructure, parks and landscaping in order to preserve the natural and scenic qualities of open lands or for other purposes prescribed in § 223-12.J.

2. The first paragraph of Section 223-12.J of the Zoning chapter shall be modified to read as follows:

J. Modification of lot requirements. For the purposes set forth earlier in this chapter, and to promote the most appropriate use of land, to preserve the natural and scenic qualities of open lands, to promote natural resource preservation and conservation, and to facilitate the adequate and economical construction of community facilities and utilities, all directed towards the objective of fostering and obtaining land development of good quality and design at reasonable economic cost, the Planning Board is hereby authorized to review and act upon all subdivisions in accordance with the following provisions. In all cases, the Planning Board shall have the full power of subdivision approval, approval with conditions or denial, as authorized by the General City Law. These provisions may be utilized:

3. The first paragraph of Section 223-12.J(3)(b) of the Zoning chapter shall be modified to read as follows:

(b) Conservation subdivisions. Simultaneously with the approval of a subdivision plat and pursuant to § 37 of the General City Law, the Planning Board may modify the zoning regulations in R1 and RD Residence Districts with respect to layout, configuration and design of lots, including minimum lot area, width, depth and frontage, minimum front, side and rear yards, and other similar requirements, buildings and structures, roads, utility lines and other infrastructure, parks or landscaping, provided that:

All interested persons and citizens shall have an opportunity to be heard on said proposals at the date, time and place aforesaid.

Public Comments: None

Motion to close this public hearing: Council Member Way. Seconded: Council Member Thompson. All voted in favor. Motion carried.

Public Hearings were closed at 8:20

Community Segment: None

Approval of the following Minutes:

Council Meeting - March 1, 2004

Council Meeting - March 15, 2004

Motion to accept minutes: Council Member Way. Seconded: Council Member Thompson. All voted in favor. Motion carried.

Reports: The text from the following reports are at the end of these minutes:

Communications – read by Mayor Gould

City Administrator Report of Activities

City Attorney Report of Activities – 1^st Meeting of the Month

Mayor Report of Activities

Council Reports of Activities

Public Comments: Pertaining to This Agenda Only

Morton Platner, 3 Schofield Place – Thanked the Council for their concerns. I did receive the letter as you said I would. The engineer did meet us at the site. All the questions that we asked the engineer were answered. I feel very comfortable. I hope that this will get approval tonight.

Mark Broat, 27 Heaney Drive - I would like to say thank you like the previous speaker. I am very satisfied that our community is going to remain in tact. If it is approved, this evening, what is the next step? What is the time line as to when the project will begin? (Joseph Braun: If it is approved tonight, it should begin in six weeks.)

Carol March 25 South Avenue – I would like to thank Council Member Eleanor Thompson for bringing up the subject of trees. They are already logging the ½ acre lots. I spoke to the other developer who has 14 acres and he will be starting in a month. There are many gorgeous trees that should be left on that property. An injunction should be issued to stop the cutting down of trees. I have gone around and saw a rash of trees being cut down. I will be willing to take pictures and write down the addresses where these trees are being cut down. I beg you to do something.

Dennis Pavelock, 34 Judson Street – No. 5 on page 2 – 2 lots – asked for clarification and regarding time frame to complete a bed and breakfast. He said he would like it to be open for a bed and breakfast with no time in mine.

Memo from Dennis Pavelock, Concerned Citizens Coalition of Beacon dated April 4, 2004

Our criteria for selecting the Police Officer of the year are as follows:

1) Positive Community Image

2) Outstanding Police/Community Relations

3) Exceptional Good Conduct

We are requesting to be put on the Agenda for April 19, 2004 Council Meeting as to Presenting this Award. Dennis Pavelock, President

Terry Craft – Main Street – Thanked Beacon Recreation. He said it was amazing how well the children behaved and how well the parents behaved. It was great to see all the children having a great time.

No further comments

UNFINISHED BUSINESS:

Resolutions:

1. Resolution No. 50 of 2004 - APPROVE Reconstruction of Heaney Drive, Schofield Place and Pearse Place. Tabled at March 1^st and 15^th 2004 Meeting

WHEREAS, the City Council has been reviewing various proposals for the reconstruction of Heaney Drive, Schofield Place and Pearse Place and has received input from the public,

NOW THEREFORE, be it

RESOLVED, that Heaney Drive and Schofield and Pearse Place be reconstructed as provided in Lanc and Tully plan of February 25, 2004 with sidewalks on both sides and pavement averaging 36 feet in width, and be it further,

RESOLVED, that the 36 foot wide road be constructed to provide two ten foot driving lanes with two eight foot parking lanes, one on each side of the street.

Motion to approve: Council Member Antalek. Seconded: Council Member Fasano. On a roll call vote, all voted in favor. Motion carried.

2. Resolution 51 of 2004 - APPROVE Special Use Permit: Meadow Ridge Phase II – Senior Citizen Residence – Applicant: Hudson Valley Housing Development Fund Company, Inc. (Resolution contains Negative Declaration)

WHEREAS, an application for Special Permit Approval was submitted by the Hudson Valley HDF Company, Inc. (the "Applicant"); and

WHEREAS, the subject property is located on the southerly side of Matteawan

Road and is designated on the City of Beacon tax maps as Section 6055, Block 03, Lot

266178 (the "Subject Property" or "Site"); and

WHEREAS, the Subject Property is zoned RD‑6 Designed Residence District and is 7.39‑acres in size; and

WHEREAS, the project involves the construction of a 52‑unit multi‑family senior citizen residential (independent living) facility, and the construction of associated parking, storm water facilities, landscaping, lighting, utilities, etc. (the "Project"); and

WHEREAS, the Special Permit application is shown on the following drawings prepared by Cerniglia & Swartz, Architects, Planners and Interior Designers, PC and Lawrence J. Paggi, PE, PC, Civil Engineering, and are generally entitled Seniors' Residence Community at Meadow Ridge IT, Institution Road, City of Beacon, New York ("the Special Permit Drawings"):

1. Cover Sheet, originally dated 1/27/04 with latest revisions dated 2/24/04.

2. Grading Plan, originally dated 1/27/04 with latest revisions dated 2/24/04.

3. Utility Plan, originally dated 1/27/04 with latest revisions dated 2/24/04.

4. Erosion Control Plan, originally dated 1/27/04 with latest revisions dated 2/24/04.

5. Profiles, originally dated 1/27/04 with latest revisions dated 2/24/04.

6. Details, originally dated 1/27/04 with latest revisions dated 2/24/04.

7. Site Plan and Details, originally dated 1/27/04 with latest revisions dated 2/24/04.

8. Landscape Plan and Details, originally dated 2/24/04.

9. Landscape Plan and Details, originally dated 2/24/04.

10. Landscape Details, originally dated 2/24/04.

11. Lighting Plan and Details, originally dated 2/24/04.

12. Basement & First Floor Plan, originally dated 1/27/04 with latest revisions dated 2/24/04.

13. Second & Third Floor Plans, originally dated 1/27/04 with latest revisions dated 2/24/04.

14. Exterior Elevations, originally dated 1/27/04 with latest revisions dated 2/24/04; and

WHEREAS, the Beacon City Council has inspected the Site, is familiar with the Site and its surroundings, and has reviewed the application in accordance with the standards for approval contained in the City's Zoning Law; and

WHEREAS, the proposed use is a Permitted Principal Use requiring a Special Permit pursuant to Section 223‑17.c of the City of Beacon Zoning Law; and

WHEREAS, the City of Beacon Zoning Board of Appeals has issued a variance in order to allow all 52 of the proposed dwelling units to be located in one building; and

WHEREAS, on March 9, 2004, the City of Beacon Planning Board recommended to the City Council that the City Council issue a Special Permit for the Project; and

WHEREAS, the City Council has determined that the Project is an Unlisted action in accordance with the State Environmental Quality Review Act (SEQRA); and

WHEREAS, on April 5, 2004, the City Council held a public, hearing on the Special Permit application at which time all persons interested were given an opportunity to be heard.

NOW, THEREFORE,, BE IT RESOLVED, that in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and based upon the review of the Full Environmental Assessment Form (EAF) and all of the application materials that have been prepared for this action, the City Council hereby makes the following determinations and hereby adopts a Negative Declaration for the proposed action, thereby finding that this Project will have no significant adverse impact to the environment, and thereby finding that the preparation of a Draft Environmental Impact Statement will not be required:

· The proposed action will not have a significant adverse environmental impact as a result of physical changes to the project Site.

· The proposed action will not have a significant adverse environmental impact on any unique or unusual land forms found on the Site.

· 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 as a result of altered 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 nonthreatened 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 enviromnental impact on aesthetic resources.

· The proposed action will not have a significant adverse environmental impact on any site or structure of historic, prehistoric or pale ontological importance, but rather is designed to preserve an historic resource.

· 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, but rather will serve to add to existing recreational resources.

· 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 City'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; and

BE IT FURTHER RESOLVED, that the City Council finds that the Project meets the following general requirements for a Special Permit:

1. As per §223‑IS.B(l) of the Zoning Law, the location and size of the Project, the nature and intensity of the operation of, or conducted in connection with the Project, the size of the Site in relation to the Project, and the location of the Site with respect to streets giving access to it, are such that the Project will be in harmony with the appropriate and orderly development of the RD‑6 District and the surrounding districts.

2. As per §223‑18.B(2) of the Zoning Law, the Project will not hinder or discourage the appropriate development and use of adjacent land and buildings. The Project will improve the appearance of the Site through the proposed modifications including buffer plantings and other landscaping.

3. As per §223‑18.B(3) of the Zoning Law, the operation of the Project will not be more objectionable to nearby properties by reason of noise, fames, vibration, or other characteristics, than would be the operation of any permitted use in the RD‑6 District not requiring a Special Permit. The Project will not produce any objectionable noise, odors, fumes, vibrations or any other noxious effects.

4. As per §223‑18.B(4) of the Zoning Law, parking areas for the Project will be of adequate size and number, and they will be properly located and suitably screened from adjoining residential uses. The proposed entrance and exit drive(s) has been laid out in an appropriate manner.

5. The Applicant has submitted plans for the proposed development in conformance with §223‑18.C of the Zoning Law, which have been reviewed by the Planning Board and its Planning and Engineering consultants; and

BE IT FURTHER RESOLVED, that the City Council hereby grants Special Permit Approval to the Project, as expressed on the Special Permit Drawings, subject to compliance with the following conditions:

1. The following conditions shall be fulfilled prior to the signing of the Special Permit Drawings by the City Administrator:

a. All application fees shall be paid in full.

b. All property taxes shall be paid in full.

c. The Special Permit Drawings shall be revised to the satisfaction of the City Council as follows:

(1) All of the Special Pen‑nit Drawings shall be signed and sealed by the professional(s) who prepared them.

(2) All Special Permit Drawings shall be endorsed by the Applicant for the purpose of indicating his familiarity and agreement with said drawings.

d. The Applicant shall appear before the Planning Board, and the Planning Board shall review application materials pertaining to this Project in the manner in which it customarily reviews site plans. In this regard, the Applicant shall refine the Special Permit Drawings to the satisfaction of the Planning Board.

When the conditions above have been satisfied, four sets of the above referenced plans revised as per the conditions above shall be submitted for endorsement by the City Administrator. One set of the endorsed plans will be returned to the Applicant, one set will be retained by the City Council, and one set each will be provided to the City Engineer and the City Building Inspector. The Applicant must return for approval from the City Council if any changes from the endorsed plans are subsequently desired.

2. The following condition shall be fulfilled prior to the issuance of a Building Permit for the Project:

The Applicant shall apply for and obtain all required pen‑nits and/or approvals from the appropriate agencies.

3. The following condition shall be fulfilled prior to the issuance of a Certificate of Compliance regarding Site improvements relating to the Project:

The Building Inspector shall inform the City Council of the Applicant's request for a Certificate of Compliance and the City Council reserves the right to make a field inspection of the Site prior to the issuance of said Certificate of Compliance, and to require any reasonable modifications and/or additions to landscaping, screening or other approved Site details, which modifications shall be a condition of said Certificate of Compliance.

4. The following are general conditions of this approval:

a. A duly authorized representative of the City shall have the right to inspect the Subject Property in order to monitor compliance with the conditions of this Special Permit Approval.

b. Any future modifications of the Subject Property (above and beyond that approved herein) shall be subject to further review and approval by the City.

c. The Building Inspector and the City Engineer shall have the right to direct the Applicant to cause the placement, cleaning or repair of sedimentation and erosion control devices wherever and whenever deemed necessary during construction.

d. The Applicant shall be responsible for the payment of all application review costs incurred by the City Council in the review of this matter. Such fees shall be paid by the Applicant within thirty (30) days of the notification by the City Council that such fees are due. If such fees are not paid within this thirty (30) day period, and an extension therefore has not been granted by the City Council, this Resolution shall automatically be rendered null and void.

Resolution Adopted: April 5, 2004

Motion to Adopt: Council Member Way. Seconded: Council Member Fasano. On a roll call vote, all in favor. Motion carried

Local Laws and Ordinances:

1. SECOND READING: Proposed Local Law Amending Chapter 223 of the City of Beacon Code with Respect to Home Occupations, Home Offices and Artist Studios.

a. Resolution No. 52 of 2004 - Adopt Negative Declaration for Proposed Local Law Amending Chapter 223 of the City of Beacon Code with Respect to Home Occupations, Home Offices and Artist Studios in Residential Zoning Districts.

The Proposed Action involves the adoption of a Local Law amending Section 223 of the City of Beacon Code. The Proposed Action does not involve site-specific construction or development activity.

The proposed Local Law would amend the definition of ‘Home Occupation’ in Section 223-63, Definitions, of the Zoning Law from:

HOME OCCUPATION – An accessory use of a character customarily conducted entirely within a dwelling by the residents thereof, using only customary home appliances, including typewriters, computers, fax machines, photocopiers, scanners, printers, file cabinets, drafting equipment and postage meters, which use is clearly incidental and secondary to the use of the residence for dwelling purposes, does not change the character thereof, does not have any exterior evidence of such secondary use other than a small nameplate not over one (1) square foot in area, and does not involve the keeping of stock-in-trade. Telecommuting shall be considered a home occupation. However, the conducting of a tattoo and/or body piercing parlor, clinic, hospital, barbershop, beauty parlor, photographer's salon, tearoom, tourist home, real estate office, animal hospital, dancing instruction, band instrument instruction in groups, convalescent home, funeral home, stores of any kind or any similar use shall not be deemed to be a home occupation. Any instruction of a musical instrument shall be limited to one (1) pupil at a time. Home occupations are regulated in accordance with § 223-17.1 of this chapter.

to:

HOME OCCUPATION – An accessory use of a character customarily conducted entirely within a dwelling by the residents thereof, using only customary home and home-scale equipment, including but not limited to typewriters, computers, fax machines, small-scale photocopiers, scanners, small-scale printers, file cabinets, drafting equipment and postage meters, which use is clearly incidental and secondary to the use of the residence for dwelling purposes, does not change the character thereof, does not have any exterior evidence of such secondary use other than a small nameplate not over one (1) square foot in area, and does not involve the keeping of stock-in-trade. Home offices and artist studios meeting the criteria above shall be considered home occupations. However, the conducting of a tattoo and/or body piercing parlor, clinic, hospital, barbershop, beauty parlor, photographer's salon, tearoom, tourist home, real estate office, animal hospital, dancing instruction, band instrument instruction in groups, convalescent home, funeral home, stores of any kind or any similar use shall not be deemed to be a home occupation. Any instruction of a musical instrument shall be limited to one (1) pupil at a time. Home occupations are regulated in accordance with § 223-17.1 of this chapter.

Second, the proposed Local Law would amend Permitted Accessory Use #3 in Section 223-17.C, Schedule of Regulations for Residential Districts from:

3. Home office of a properly certified physician; psychologist; physical, occupational or speech therapist; chiropractor; licensed social worker; dentist; lawyer; engineer; architect; accountant; teacher or other similar professional person, when conducted entirely within a dwelling by the residents thereof, at least one (1) of whom is said professional person, provided that no more than two (2) nonresident persons are employed therein, and where there is no external evidence of such office, except for a sign and off-street parking facilities as respectively permitted and required in this chapter. A home office shall be clearly incidental and secondary to the use of the residence for dwelling purposes and shall be regulated in accordance with the requirements of § 223-17.1 of this chapter.

to:

3. Home professional office of a properly certified physician; psychologist; physical, occupational or speech therapist; chiropractor; licensed social worker; dentist; lawyer; engineer; architect; accountant; teacher or other similar professional person, when conducted entirely within a dwelling by the residents thereof, at least one (1) of whom is said professional person, provided that no more than two (2) nonresident persons are employed therein, and where there is no external evidence of such office, except for a sign and off-street parking facilities as respectively permitted and required in this chapter. A home professional office shall be clearly incidental and secondary to the use of the residence for dwelling purposes and shall be regulated in accordance with the requirements of § 223-17.1 of this chapter.

Third, the proposed law would amend Section 223-17.1 of the Zoning Law from:

§ 223-17.1 Home occupation and home office uses.

A. The home occupation or home office use shall be carried on entirely within the principal building on the lot and not within any accessory building(s).

B. Only one (1) such use shall be conducted per dwelling unit.

C. There shall be no exterior storage of materials or equipment in connection with the use.

D. Not more than three hundred (300) square feet or twenty percent (20%) of the floor area of the dwelling unit, whichever is less, may be devoted to the home occupation or home office.

E. There shall be no use of show windows, displays or other advertising visible outside the premises to attract customers or clients, except for permitted signage.

F. No offensive odor, noise, vibration, smoke, dust, heat, light, glare or other similar condition shall be produced by a home occupation or home office, and no electrical, television or radio interference to neighboring properties shall be produced by the use.

G. The home occupation or home office shall not add significantly to the quantity of waste material that would be expected for a residence without such accessory use.

H. No manufacturing or assembly shall take place as part of the home occupation or home office.

I. The use shall be conducted in such a manner and during such hours that it does not adversely affect the immediate neighborhood.

J. No external alterations, additions or changes to the structure (other than signage) shall be permitted in order to accommodate or facilitate a home occupation or home office, and the dwelling shall retain its residential appearance.

K. Pick-ups from and deliveries to the home occupation or home office use shall only occur between 8:00 A.M. and 6:00 P.M.

to:

§ 223-17.1 Home occupation and home professional office uses.

A. There shall be no exterior storage of materials or equipment in connection with the use.

B. The maximum area of the use within the principal building on the lot shall not exceed the area of the basement plus 30% of the finished area of the floor(s) above the basement. In addition, the maximum floor area of the use within an accessory building shall not exceed 750 square feet.

C. There shall be no use of show windows, displays or other advertising visible outside the premises to attract customers or clients, except for permitted signage.

D. No offensive odor, noise, vibration, smoke, dust, heat, light, glare or other similar condition shall be produced by the use, and no electrical, television or radio interference to neighboring properties shall be produced by the use.

E. The use shall not add significantly to the quantity of waste material that would be expected for a residence without such accessory use.

F. No manufacturing shall take place as part of the use.

G. The use shall be conducted in such a manner and during such hours that it does not adversely affect the immediate neighborhood.

H. No external alterations, additions or changes to the structure(s) (other than signage) shall be permitted which would adversely affect the residential appearance of the premises.

I. Pick-ups from and deliveries to the use shall only occur between 8:00 A.M. and 6:00 P.M.

J. The use shall be conducted in a quiet manner.

Further, the following use would be added as Permitted Accessory Use #11 and would read as follow:

*11. Artist studio in accordance with § 223-24.6 of this chapter, if said studio meets one or both of the following criteria: [1]

a. Artist studio which uses other than only customary home or home scale equipment, such as but not limited to a gas-fired kiln or a kiln, copier or printer requiring more than 110-amp service, etc.

b. Artist studio which requires a building permit for the installation of equipment.

Further, a new Section 223-24.6 would be added and would read as follows:

§ 223-24.6. Artist studio as an accessory special permit use.

A. The artist studio shall conform to the requirements of § 223-17.1 of this chapter.

B. Each artist studio shall be inspected by the Building Department every two years in order to determine whether the artist studio remains in compliance with this section. Upon a satisfactory inspection report, the artist studio owner shall be reissued a certificate of occupancy. In the event that the inspection indicates that the artist studio is no longer in compliance, the certificate of occupancy shall be revoked until the violations are cured.

Finally, the Proposed Local Law would amend the Permitted Principal Use #17 in Section 223-17.C, Schedule of Regulations for Residential District, from:

*17. Artist studio, except that artist studios for sculptors or other artisans working in metal, stone or other hard material(s), musicians, and other artists not working in a quiet manner shall not be permitted.

to:

*17. Artist studio, except that artist studios for artists not working in a quiet manner shall not be permitted.

None of the proposed amendments will result in a significant adverse impact to the environment. All the proposed amendments would serve to allow artist studios in residential zoning districts while at the same time protecting the residents of the districts.

CONCLUSIONS

In conclusion, the Proposed Action will not directly result in any construction or physical changes to any site within the City of Beacon. The proposed local law is not expected to result in any adverse impacts on the environment. More specifically:

§ The Proposed Action will not directly result in any 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 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 pale ontological 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 the information above and in the information in the Full Environmental Assessment Form, the City Council finds that the adoption of the Local Law will not have any significant adverse impacts upon the environment. This Negative Declaration indicates that no environmental impact statement needs to be prepared and that the SEQRA process is complete.

Motion to Adopt: Council Member Antalek. Seconded: Council Member Fasano. On a roll call vote, all in favor. Motion carried.

b. Resolution No. 53 of 2004 - Adopt Local Law No. 5 of 2004: Amending Chapter 223 of the City of Beacon Code with Respect to Home Occupations, Home Offices and Artist Studios

Motion to dispense with reading: Council Member Way. Seconded: Council Member Fasano. On a roll call vote, all voted in favor. Motion Carried. Following is the text of the Local Law as it was voted upon.

BE IT ENACTED by the City Council of the City of Beacon as follows:

SECTION 1. TITLE

This local law shall be entitled, "A Local Law Amending Chapter 223 of the City of Beacon Code with Respect to Home Occupations, Home Offices and Artist Studios in Residential Zoning Districts."

SECTION 2. INTENT AND PURPOSE

The intent and purpose of this Local Law is to improve the Zoning Law with respect to home occupations, home offices and artist studios in the residential zoning districts.

SECTION 3. ZONING AMENDMENTS

1. The following definition in Section 223-63, Definitions, of the Zoning Law shall be amended to read as follows:

HOME OCCUPATION – An accessory use of a character customarily conducted entirely within a dwelling by the residents thereof, using only customary home and home-scale equipment~~appliances~~, including but not limited to typewriters, computers, fax machines, small-scale photocopiers, scanners, small-scale printers, file cabinets, drafting equipment and postage meters, which use is clearly incidental and secondary to the use of the residence for dwelling purposes, does not change the character thereof, does not have any exterior evidence of such secondary use other than a small nameplate not over one (1) square foot in area, and does not involve the keeping of stock-in-trade. Home offices ~~Telecommuting~~ and artist studios meeting the criteria above shall be considered ahome occupations. However, the conducting of a tattoo and/or body piercing parlor, clinic, hospital, barbershop, beauty parlor, photographer's salon, tearoom, tourist home, real estate office, animal hospital, dancing instruction, band instrument instruction in groups, convalescent home, funeral home, stores of any kind or any similar use shall not be deemed to be a home occupation. Any instruction of a musical instrument shall be limited to one (1) pupil at a time. Home occupations are regulated in accordance with § 223-17.1 of this chapter.

2. The following use in the list of Permitted Accessory Uses in the Schedule of Regulations for Residential Districts referenced in Section 223-17.C of the Zoning Law shall be amended to read as follows:

3. Section 223-17.1 of the Zoning Law shall be amended to read as follows:

§ 223-17.1 Home occupation and home professional office uses.

A. The home occupation or home office use shall be carried on entirely within the principal building on the lot and not within any accessory building(s).B. Only one (1) such use shall be conducted per dwelling unit.AC. There shall be no exterior storage of materials or equipment in connection with the use.

BD. The maximum area of the use within the principal building on the lot shall not exceed the area of the basement plus 30% of the finished area of the floor(s) above the basement. In addition, the maximum floor area of the use within an accessory building shall not exceed 750 square feet. ~~Not more than three hundred (300) square feet or twenty percent (20%) of the floor area of the dwelling unit, whichever is less, may be devoted to the home occupation or home office.~~

CE. There shall be no use of show windows, displays or other advertising visible outside the premises to attract customers or clients, except for permitted signage.

DF. No offensive odor, noise, vibration, smoke, dust, heat, light, glare or other similar condition shall be produced by the use~~a home~~ ~~occupation or home office~~, and no electrical, television or radio interference to neighboring properties shall be produced by the use.

EG. The use ~~home occupation or home office~~shall not add significantly to the quantity of waste material that would be expected for a residence without such accessory use.

FH. No manufacturing ~~or assembly~~shall take place as part of the use ~~home occupation or home office~~.

GI. The use shall be conducted in such a manner and during such hours that it does not adversely affect the immediate neighborhood.

HJ. No external alterations, additions or changes to the structure(s) (other than signage) shall be permitted which would adversely affect the ~~in order to accommodate or facilitate a home occupation or home office, and the dwelling shall retain its~~ residential appearance of the premises.

IK. Pick-ups from and deliveries to the ~~home occupation or home office~~use shall only occur between 8:00 A.M. and 6:00 P.M.

J. The use shall be conducted in a quiet manner.

4. Section 223-17.C, Schedule of Regula