The Planning Board meeting was held on
Chairman
Hibbs requested a moment of silence to pay tribute to Ed Sablinski who passed
away last week. His many years of
dedication to the City of
Chairman Hibbs asked for corrections/additions to the
minutes of the
ITEM NO. 1 PUBLIC HEARING ON
APPLICATION FOR SUBDIVISION, 2
RESIDENTIAL LOTS, SUBMITTED BY PAGGI, MARTIN & DELBENE, LLP,
Mr. Hibbs announced the public hearing notice was printed
in the
Journal on October 5, 2005 and opened the public hearing
on the application for a Subdivision of property (2 residential lots) owned by
Robert Alfonso, located on 97 Verplanck Avenue, identified on City Tax Maps as
Section 5954, Block 28, Lot 958972.
Engineer
Ernst Martin described the proposal for a two lot subdivision of property at
Mr. Stolman explained the bulk table must be modified
in terms of setbacks and minimum lot depth.
The plat should show all required setbacks and building envelopes. Information on adjacent house setbacks
relative to Sections 223.13(j), and Section 223.13(k) of the zoning code which addresses
setbacks for corner lots and house alignment must be provided on the plan. Sight distance information for the proposed
driveway is required. The legal access
and utility easement for Lot #1 over Lot #2 must be provided to the City
Attorney for his review and approval; and the plat must also indicate that the
easement will be in favor of
Mr. Tully asked that the plan show the curb cut for
the former driveway off
Flora Jones,
Mr. Martin examined adjacent houses to determine
appropriate front yard setbacks for the new houses. Many houses in the area are very close to the
street therefore he felt 15 ft. front yard setbacks would be appropriate. Discussion took place whether those setbacks
would provide adequate sight distance when exiting from
There were no further comments and Mr. Gunn made a motion to close the public hearing, seconded by Ms. Rapalje. All voted in favor. Motion carried.
ITEM NO. 2 PUBLIC HEARING ON
APPLICATION FOR SPECIAL USE
PERMIT, BAR ESTABLISHMENT/RESIDENTIAL (CHANGE OF USE FROM
PRIVATE CLUB), SUBMITTED BY BEACON TERMINAL ASSOCIATES,
Mr. Hibbs noted the public hearing notice was printed in the Poughkeepsie Journal
on October 5, 2005 and opened the public hearing on the application for a Special Use Permit, for a bar establishment and residential space, submitted by Beacon Terminal Associates, property located at 217 Main Street, identified on City tax maps as Section 5954, Block 27, Lot 823922.
Aryeh Siegel, representing Beacon Terminal
Associates, described their proposal to change the building at
Mr. Stolman noted that at the last meeting,
discussion took place regarding the rear access which also serves the adjacent
building, and asked how the area behind the subject parcel will be used. The proposed solution shown on the plan was
to install a “no parking” sign so the area will not be used as a parking lot at
the owner’s request. Mr. Stolman felt
the very long dirt driveway would be inappropriate for this commercial
operation. He asked how refuse would be
navigated down the drive to
Elenore Thompson, 428 River Street and Councilmember, received 15 calls from Main Street and surrounding neighborhood residents – all of whom were against a bar establishment. Ms. Thompson explained there are three churches nearby and thought a law prevented establishing a bar within a certain distance. Ms. Thompson was pleased that the building would be renovated, but strongly opposed a bar establishment.
Mr. Stolman explained the Planning Board’s role is advisory because only the City Council can issue a Special Use Permit. The need for a Special Use Permit in this case is triggered by the proposed residential use, places serving food or beverages are not subject to Special Use Permits in the Central Business zoning district. Site Plan Approval would be required to address issues of parking, signage, etc., not necessarily the use.
Mr. Stolman explained the City’s zoning code does not establish a required distance between a bar establishment and a church. A liquor license is required and the liquor board determines what level of alcohol can be served.
Flora Jones,
Ms. Thompson believed someone approached the City Council years ago to open a bar in the same location and they were told it would not be approved due to the proximity of local churches. She would rather see a health food store or similar operation occupy the building.
Andrew Whitener,
Mr. Hibbs read the following letters regarding the project into the record.
I received the
attached notice that Beacon Terminal Associates is applying for a Special Use
Permit to open a bar at 217 Main Street, Beacon, New York. With this letter I strongly voice my
opposition to said action. I feel this
would be completely out of character for this area. Over the past several months I have invested
considerable sums of money in the renovation of store fronts at
I am of the opinion
that this particular area has shown a marked improvement compared to what it
was in years gone by. We do not have
vagrants, drug dealers or any other people that would be considered a detriment
to this area. The opening of a bar where
one never was can only detract and downgrade what the current property owners
have invested heavily in and worked so hard to enhance. In close proximity to the proposed bar, you
have the local branch of the M&T Bank, whose open parking lot would most
likely turn into a giant porta-potty for the clientele of this bar. Also, in close proximity you also have two
houses of worship and the
I can speak for the
above first hand, having renovated a 64 unit apartment complex at
I feel that the City
of
Ronald J. Piccone, On
the Square Apartments
Beacon,
I am once more writing
my displeasure with the proposed opening of a bar at
I feel the opening of
a bar and the consequences that may expel from it can only lead to a
downgrading of this area, and as such, keep prospective customers away from
these newly opened businesses. I think
you as the Planning Board must keep steering the City of
Ronald J. Piccone, On
the Square Apartments
Beacon,
Thomas Sims, representing his mother Barbara Sims and owner of 213 Main Street, expressed concerns about noise and unwanted late night activities that may result from a bar establishment. When the club was operating before, the parking lot and restaurant area were a mess every morning. Mr. Sims worried it would have a negative impact on residential tenants who have been living there for ten years and they would like to keep them. He felt it would be wrong to allow a bar in the area.
A great deal of debate and discussion took place regarding modifying the application since a specific tenant has not been secured. City Attorney Pisanelli said the public hearing could be held open to see if the applicant wanted to modify the proposal. Mr. Gunn advised them to talk to the Comprehensive Plan Update Committee regarding uses that may better surpass the test of time and be successful beyond the short term. The general consensus was to hold the public hearing open for the month of November.
ITEM NO. 3 PUBLIC HEARING ON
APPLICATION FOR SPECIAL USE
PERMIT, ARTIST LIVE/WORK SPACE, SUBMITTED BY PETER O’KENNEDY,
Mr. Hibbs read the public hearing notice printed in the Poughkeepsie Journal on
October 5, 2005 and opened the public hearing on the application for a Special Use Permit, for an Artist Live/Work space, submitted by Peter O’Kennedy, property located at 3 Water Street, identified on City tax maps as Section 6054, Block 38, Lot 170722.
Aryeh Siegel described the proposal to change the use
of the building at
There were no comments from the public and Ms. Attaway made a motion to close the public hearing, seconded by Mr. Sheers. All voted in favor. Motion carried.
Ms. Attaway made a motion to recommend the City Council grant a Special Use Permit for the project subject, with no need for the applicant to return to the Planning Board for final site plan approval, seconded by Ms. Rapalje. All voted in favor. Motion carried.
ITEM NO. 4 CONTINUE REVIEW FOR
FINAL SITE PLAN APPROVAL,
APPLICATION FOR SPECIAL USE PERMIT, RESIDENTIAL/RETAIL,
SUBMITTED BY
Aryeh Siegel and owner Stacy Shurgin reported the
City Council granted a Special Use Permit for the building renovation at
Mr. Tully asked that all the information on the survey be added to the site plan. Otherwise he noted only a few minor comments remain, mostly construction details, which can be readily addressed.
After some discussion, Ms. Rapalje made a motion to grant final site plan approval subject to fulfilling comments outlined by the consultants; and to issue a Certificate of Appropriateness subject to providing the architectural review committee with color chips of the proposed color scheme. The motion was seconded by Mr. Sheers. All voted in favor. Motion carried.
ITEM NO. 5 CONTINUE REVIEW ON
APPLICATION FOR SPECIAL USE
PERMIT, ACCESSORY APARTMENT,
JOHN GUNN
John Gunn recused himself from this item as it is his application. This application was reviewed and the easement issue raised by an adjacent property owner was cleared. After a brief discussion, Mr. Williams made a motion to recommend the City Council grant a Special Use Permit for the project subject, with no need for the applicant to return to the Planning Board for final site plan approval, seconded by Mr. Sheers. All voted in favor. Motion carried.
ITEM NO. 6 CONTINUE REVIEW FOR
FINAL SITE PLAN APPROVAL,
APPLICATION FOR SPECIAL USE PERMIT, ARTIST LIVE/WORK SPACE,
SUBMITTED BY TALLIX COMMERCIAL CONDOMINIUM, LLC, 310
Matt Rudikoff, representing Tallix Commercial Condominium, LLC, reported the City Council granted a Special Use Permit for the Artist Live/Work space on the Tallix site. Mr. Rudikoff reported the plan was revised to include speed bumps, curbing corrected, and future (39) and actual (141) parking spaces were demonstrated.
To clear up confusion, Mr. Stolman explained this application is an amendment to the existing Special Use Permit and site plan for the Protetch Artist Live/Work space. This application provides changes and encumbers all specific uses on site. Mr. Stolman noted the number of parking spaces for the café changed and is five spaces short of the required amount. The plan must demonstrate that a total of 44 parking spaces can be constructed in the future if needed. The parking requirement table is incorrect because 112 spaces are listed as both existing and proposed.
Mr. Stolman agreed with the installation of one or
two speed bumps on the private roadway however questioned the appropriateness
of a speed bump on
Ms. Attaway made a motion to grant final site plan approval subject to the following: correcting the parking schedule and number of spaces as indicated by Mr. Stolman; demonstrate the fence and speed bumps as shown on site plan now so it can remain in the event the City abandons, and the applicant agrees to accept, that portion of Main Street; and demonstrate an alternate location for the speed bumps and fence in the event the City does not agree to abandon that portion of Main Street. The motion was seconded by Mr. Sheers. All voted in favor. Motion carried.
ITEM NO. 7 CONTINUE DISCUSSION
AND DEIS COMMENTS FOR
WATERFRONT DEVELOPMENT APPLICATIONS, SUBMITTED BY SCENIC
HUDSON LAND TRUST, INC. AND THE FOSS GROUP BEACON, LLC, LONG
DOCK BEACON
Matt Rudikoff, representing Scenic Hudson and the Foss Group Beacon, LLC, attended the meeting to receive comments from the Draft Environmental Impact Statement (DEIS) submitted at the September meeting. Comments have been received from the public, other involved agencies and Frederick P. Clark Associates. Mr. Rudikoff explained they will respond to all comments in their Final Environmental Impact Statement (FIES) and incorporate revisions to the Site Plan. He expressed his hope that consultant comments on the Site Plan would be available by the November meeting. Mr. Stolman reiterated that the applicant will prepare a FEIS which will include the DEIS and responses to all comments that have been submitted. After reviewing those responses, the Planning Board as Lead Agency, will review those responses for acceptance.
Mr. Gunn asked that the applicant respond to the following concerns: (1) does the Waste Water Treatment Facility have adequate capacity to handle this project; (2) how will parking be shared with the MTA; (3) how will emergency vehicle access and coverage be appropriately arranged based on comments submitted by Fire Chief Joseph; and (4) how will the public trail access be maintained through proposed new building.
Ms. Attaway asked that a traffic impact study be submitted. Mr. Sheers shared concerns about traffic, parking and fire protection for the building. Mr. Dexter explained the building will be provided with a sprinkler system and standpipe based on the current design. The consultants will review the site plan submission for the November meeting.
ITEM NO. 8 CONTINUE REVIEW OF
PROPOSAL FOR SUBDIVISION,
RESIDENTIAL LOTS, SUBMITTED BY PRESHROCK CORPORATION,
HIDDENBROOKE PROPERTY
Glenn Watson of Badey & Watson Surveying, representing Preshrock Corporation (Larry Kalkstein), reported on activities that have taken place since they last appeared before the Planning Board. They focused on preparing a conventional subdivision plan so a final lot count can be determined for a cluster layout. The lot lines were adjusted, road profiles were developed and sewer tie-ins demonstrated. A draft Environmental Impact Statement was prepared and submitted to the consultants. Mr. Watson explained that in preparing the EAF, it became abundantly clear that clustering would have significantly less affect on the property. There will be no invasion of the wetlands or steep slopes on the 12-acre portion of property that will be developed.
Mr. Stolman prepared and provided the applicant with a memorandum in response to their latest submission. He reported the Environmental Assessment Form should have been provided with the initial application submission because it provides information on agencies that need to be involved for Lead Agency designation. The size and dimension of each lot must be provided, as well as building envelopes and driveways. Although progress has been made with utilities and road profiles, he felt more information from a planning perspective is needed.
Mr. Tully explained he did not draft a memorandum
because his comments remain essentially the same as those prepared in
August. He asked that the wetlands be
reviewed to determine the amount of disturbance needed in order to make a conventional
plan work. More detail on site grading must
be shown due to the amount of rock and rock outcroppings on site. Although roads are running with the contours
in many instances, the side slopes remain in question. Mr. Tully felt the connection to
Mr.
Sheers expressed concern about using
ITEM NO. 9 REVIEW APPLICATION
FOR AMENDMENT TO SITE PLAN
APPROVAL, FOR ADDITIONAL PARKING SPACES AT BRANCH OFFICE
FOR A JEWELRY MANUFACTURING BUSINESS, SUBMITTED BY TIGA, LLC,
Al Cappelli representing Tiga, LLC, reported his client was before the Planning Board 18 months ago and received Site Plan Approval for a jewelry manufacturing business. At the time the existing parking lot was adequate however, their business has grown and additional parking is needed.
Mr. Stolman asked that dimensions of the back-up area in the parking lot be provided. Additionally, he asked for a survey of the property if available.
Mr. Tully requested additional protection be provided for the adjacent water course during construction. There may be a slight increase in storm water volume when construction is complete but his greater concern was to protect the water course with more than hay bales during construction.
After some debate concerning the need for a public hearing and the owner’s need to begin construction before blacktop plants close for the winter season, Mr. Williams made a motion to set a public hearing for the month of November, seconded by Ms. Rapalje. All voted in favor. Motion carried.
ITEM NO. 10 REVIEW AMENDMENT TO
SITE PLAN APPROVAL, CENTER
FOR COMMUNICATION & LEARNING, SUBMITTED BY ST. FRANCIS
HEALTH CARE FOUNDATION,
Mark Day, representing St. Francis Health Care Foundation, explained this project was previously approved however they now wish to relocate the building. The building will be reoriented and relocated to eliminate the need for retaining walls to reduce costs. The building design remains the same. The modular buildings now being used will be removed once this building is in operation. Utilities will be situated in a partial basement in an underground vault; the remainder of the building will be slab on-grade. Parking requirements have not changed and the bus drop off will work the same in that entry will be through a covered walkway/porch. Although they feel there will be less impact due to the reduction in grading, the stormwater system is the same and will remain in the same location. A cutoff swale will be located behind the building and the retention pond remains the same.
Mr. Tully
said he heard there were some drainage problems on
Mr.
Stolman asked that they submit a new floor plan and other architectural
drawings for a complete package. Signage
cut sheets that are on file should also be added to the new plan. Subsequent to the previous approval, another
applicant is doing a traffic study of the intersection of Delavan and
Mr. Williams made a motion to set a public hearing for the month of November, seconded by Mr. Gunn. All voted in favor. Motion carried.
ITEM NO. 11 PRELIMINARY REVIEW
OF PROPOSAL FOR SUBDIVISION,
3 LOTS, SUBMITTED BY
Dennis Walden, representing the
ITEM NO. 12 CONTINUE REVIEW ON
APPLICATION FOR SUBDIVISION,
4 LOTS, SUBMITTED BY STEVEN & PATRICIA ROTHBERG, TOMPKINS
AVENUE
Mr. Walden reported this proposed four lot subdivision was previously before the board however adequate sight distance could not be obtained for the new driveways. The entire frontage of property will be graded, and trees and shrubs will be completely removed in order to achieve sight distance. Mr. Tully reported the City Council passed common driveway and private road legislation therefore the proposal could be revised to provide one entrance rather than three. Mr. Tully advised that a tremendous amount of work will go into grading the site as presented and the applicant should consider a private road or common driveway layout. Mr. Walden will examine the two alternatives with his clients. Mr. Gunn expressed concern about the effect this proposal will have on this historical property.
Miscellaneous Business:
Review Proposed Local Laws to Amend the Comprehensive
Plan and Zoning Ordinance
Mr. Stolman and Planning Board members reviewed the following proposed local laws and resolution amending the City’s comprehensive which were initially proposed and reviewed in 2003:
1) Local Law A changing the R1-10 One Family Residence District to R1-40 One
Family Residence District (part of 6054-020596808)
2) Local Law B changing the R1-40 One Family Residence District to R1-80 One
Family Residence District (part of 6054-02-596808)
3) Local Law C changing the R1-40 One Family Residence District to R1-120 One
Family Residence District (part of 6054-02-596808)
Mr. Stolman outlined areas affected by the proposed changes, examined zoning change patterns that have been made since 1994 to date, and reviewed environmental assessment information in detail. Mr. Williams felt additional data could be obtained to show how trends in Beacon have changed since the latest census information was created in the year 2000. After much review and discussion, Mr. Sheers made a motion to recommend the City Council proceed with the amendments as presented considering the proposals and zoning changes made good planning sense, seconded by Ms. Attaway. All voted in favor. Motion carried.
Architectural Review:
Certificate of
Appropriateness:
The
Certificate of
Appropriateness:
Members reviewed proposed elevations for the building
located at
Modification of
Certificate of Appropriateness:
Members reviewed proposed changes to one of the
storefronts at
Architectural
Review: Single Family House,
Members reviewed a revised elevation drawing of a new
single family house on
Architectural
Review: Single Family House, Misericordia
Subdivision
Members reviewed three proposals for single family
houses on Lots #1, #2, and #3 at the Misericordia Subdivision. After much debate, Ms. Attaway made a motion
to approve the proposed design and color scheme for Lots #1 and #3, seconded by
Ms. Rapalje. All voted in favor. Motion carried. The design for
There was no further business to discuss and Ms. Rapalje made a motion to
adjourn the meeting at
carried.