Beacon City Planning Board

March 14, 2006

 

The Planning Board meeting was held on Tuesday, March 14, 2006 in the courtroom of the Municipal Center.  The regular meeting commenced at 7:10 p.m. with Chairman Jay Hibbs; Members Jay Sheers, Anne Rapalje and John Gunn; Alternate Members Mike Lanari and Elizabeth Strianese; Building Inspector Tim Dexter; City Engineer John Russo (in for Art Tully); City Planner David Stolman; and City Attorney Gerard Pisanelli in attendance.  Member Randall Williams was excused; Member Tony Lassiter was absent.

 

Chairman Hibbs asked for corrections/additions to the minutes of the

February 14, 2006 meeting or a motion to approve as circulated.  A motion was made by Mr. Gunn, seconded by Mr. Lanari to approve the minutes as circulated.  All voted in favor.  Motion carried.

 

ITEM NO. 1.  CONTINUE REVIEW OF APPLICATION FOR SUBDIVISION, (5

RESIDENTIAL LOTS), SUBMITTED BY BEACON TERMINAL ASSOCIATES,

989 WOLCOTT AVENUE

            Project engineer Ernst Martin presented a revised subdivision plan based on comments and concerns presented at the last meeting.  Topography information for adjacent properties was added, grading was redesigned, and work continues on architectural information and drainage details. 

 

            Mr. Stolman explained sight distance measurements for Lot #1 are 255 ft. however, required intersection sight distance is greater.  If intersection sight distance requirements cannot be met, minimum stopping distance must be met which is only being achieved in one direction when exiting the driveway.  Since the road curves, Mr. Stolman requested accident history information for the last three years in order to determine if any particular problems exist.     

 

Mr. Tully said the plan was a work in progress because there are a number of items that need to be addressed, primarily with regard to drainage and grading.  The applicant suggests dedicating the site drainage and sewer facilities to the City for maintenance and will require City Council action.  The City’s private road legislation requires the formation of a Homeowner’s Association for ownership and maintenance of the road and utilities; any other direction requires consideration and approval by the City Council.  More information is needed for the proposed retaining walls as well as information on grading around proposed homes.  Plans indicate the retaining wall along the front of Lot #1 is to be removed and rebuilt but there is no information on how that will be accomplished.  Of particular concern was the portion that extends into the City’s right-of-way.  Mr. Tully asked why the existing wall will be removed as it may have aesthetic value.  After some debate about who should ultimately own and maintain utilities, the applicant was advised to consult with the Highway Department, Water/Sewer Department and City

 

 

Engineer and they would make a recommendation.  Mr. Tully explained the City has taken over privately installed sanitary systems but storm drainage has typically been the responsibility of the Homeowner’s Association.

 

            Mr. Sheers was aware the applicant reduced the maximum number of lots allowed in the zoning district however felt Lot #1 should remain vacant.  He expressed concern for sight distance from the driveway on Wolcott Avenue and traffic increase on Jordan Road. 

 

Mr. Stolman said the front of the house on Lot #3 will face Wolcott Avenue and advised the board that they must make a determination whether that is appropriate based on Section 223.12(N):  “The front of any new one family dwelling shall face the front lot line.  In the case of a lot fronting on more than one street, the new dwelling shall face the street which will make it most consistent with the front of other dwellings in the block in which it is located.”  As discussed at the last meeting, members felt the house should face Wolcott Avenue.  

 

Mr. Tully questioned the landscaping plan which presents a proposed line of trees only 3 ft. high which won’t provide much seclusion.  Site architecture should be explored to see if some of the retaining walls could be reduced or eliminated.    

 

Mr. Hibbs suggested the applicant schedule a meeting with board consultants to discuss finer details of the plan.  Additionally, plans need to be referred to the Fire Department to be sure emergency access and turnaround area is adequate. 

 

Mr. and Mrs. Blair, 3 Jordan Road, announced they had additional comments and other issues to present regarding this plan and asked why the public was not able to speak.  Mrs. Blair said she had no idea that the public hearing had been closed.  Mrs. Blair reported she spent $6,000 on a new basement due to water problems and clearly indicated she will sue the City if anything happens to her property as a result of this subdivision and declared “there will be hell to pay among other things”.  Mr. Hibbs asked them to submit comments in writing to the Planning Board secretary for inclusion and consideration.  The secretary was informed that Aisha Gordan, 20 Iris Circle, and Sean Gordan, 12 Iris Circle, had never received a notice of public hearing.  Their names will be included in future public hearing notifications.  One more public hearing can be held before final approval is granted. 

 

ITEM NO. 2  PUBLIC HEARING ON APPLICATION FOR SUBDIVISION, (2 RESIDENTIAL LOTS), SUBMITTED BY ANTOINETTE MCDOWELL, LINCOLN AVENUE AND CANNON STREET

            Dennis Walden described his client’s proposal for a two lot subdivision of a 17,662 sq. ft. parcel located on the corner of Cannon Street and Lincoln Avenue.  A 55 x 100 ft. lot will be created on Lincoln Avenue for a new single family house.  Mr. Stolman explained the four off-street parking spaces provided on Lot #1 are situated in a manner that requires vehicles to back into the street – a situation the Planning Board does not typically approve.  An alternate parking layout was suggested and Mr. Walden indicated the plans would be revised accordingly.  Additional erosion control information is needed. 

Mr. Tully asked for more information on where water from the roof drains will discharge.  Discharge from the sump pumps must also be directed away from the street; preferably drainage should discharge into the City’s storm drainage system.  Mr. Walden reported the closest storm drain is quite a distance away.  Mr. Tully explained water discharged onto the street can create icing conditions so an alternate plan should be investigated.  The sewer connection location is estimated therefore a note should be added to the plan indicating the location will be verified prior to the issuance of a building permit. 

 

There were no comments from the public and Ms. Rapalje made a motion to close the public hearing, seconded by Mr. Sheers.  All voted in favor.  Motion carried. Mr. Sheers made a motion to grant a negative SEQRA declaration for the proposed two lot subdivision, seconded by Ms. Rapalje.  All voted in favor.  Motion carried. 

 

Mr. Gunn made a motion to grant preliminary subdivision approval, waive the public hearing for the final subdivision plat based upon the fact that the preliminary plat and final plat are substantially the same, and grant final subdivision plat approval subject to fulfilling outstanding consultant comments and correcting the parking area as discussed, seconded by Mr. Sheers.  All voted in favor.  Motion carried.

 

ITEM NO. 3  CONTINUE REVIEW OF APPLICATION FOR SUBDIVISION (2 RESIDENTIAL LOTS), SUBMITTED BY DAVID DELEO, 59 DEPUYSTER AVENUE

Dave DeLeo reported the two lot subdivision plan was modified based on comments presented at the last meeting.  A check valve was placed on the footing drain line and a shallow swale was located along the north side of the property to direct drainage toward the catch basin.  Mr. Tully said legal easement documentation has been submitted and is in the review process.  Mr. Stolman had no outstanding review comments.  

 

            There were no further comments and Mr. Sheers made a motion to waive the public hearing for the final subdivision plat based upon the fact that the preliminary plat and final plat are substantially the same, and grant final subdivision plat approval subject to finalizing easement approval, seconded by Ms. Rapalje.  All voted in favor.  Motion carried.

 

ITEM NO. 4  CONTINUE REVIEW OF APPLICATION FOR SPECIAL USE PERMIT, (RESIDENTIAL OVER ARTIST LIVE/WORK), SUBMITTED BY GRZEGORZ STACHNIK, 538-540 MAIN STREET

Aryeh Siegel explained this project received two variances from the Zoning Board of Appeals – one for parking and another for density.  An image of the proposed structure was digitally imposed on a photograph of surrounding buildings for review. 

 

Mr. Stolman asked if the adjacent triangular portion of property owned by the Sauers’ would be part of the access easement.  The applicant, Katarzyna Osielczak, explained that portion of property is not needed so an easement was not obtained.  Mr. Stolman expressed concern about vehicles using the area to turn around therefore felt an easement should be secured.  Ms. Osielczak explained a curb will not be installed and the property will only be used as a visual extension of their property.  She feels no one will drive on the Sauers’ property because there is ample room for exit and entry where pavers and pavement will be put in.  Mr. Stolman understood the Sauers’ are agreeable to the situation however he expressed concern that the situation between owners could change in the future.  Discussion turned to the width of parking spaces in the parking garage.  Rather than listing the width as 10 ft., it was listed as 9 ft. + 1 ft.  Mr. Stolman asked for a copy of the survey and easement documentation.  The survey provided on the plan and should signed by the surveyor on the final plan.  Mr. Dexter reported emergency vehicles would service the building from Main Street.  Mr. Stolman advised a 25 ft. wide access is required and the plan shows it to be only 24 ft., therefore an easement or variance will be needed.  A note regarding snow removal should be included on the plan.  Mr. Hibbs suggested the security and safety of the parking garage area be revisited because it will be an open area where vandals could hide.  Extra lighting and a security system should be considered. 

 

The building is located in the Historic District and Landmark Overlay Zone therefore a Certificate of Appropriateness must be secured.  Mr. Hibbs explained architectural review will be an important part of the overall approval.  This project is unique in that it will be the first new building constructed on Main Street in many years.  He felt the proposed building design took more of a “modernist nod” to historical materials and proportions of the area.  Mr. Hibbs asked members to take a particularly close look at the facades that will be visible from Main Street when reviewing the project. 

 

            Mr. Stolman read through the City’s Historic Preservation law, specifically Section 134.5(A) which outlined criteria for approval of a Certificate of Appropriateness:

 

(1)                 The historic or architectural value or significance of the structure and its relation to the historical character of the surrounding area.

(2)                 The relationship of the exterior architectural features of such structure to the rest of the structure and to the surrounding area.

(3)                 The general compatibility of exterior design, arrangement, texture and material proposed.

 

            A lengthy discussion took place regarding the appearance of the building’s façade and side elevations.  All members provided their opinion but generally felt the side of the building looked too modern relative to the nature of adjacent buildings.  Features should be indicative of buildings on Main Street and to the left and right of this lot, with particular attention to scale and proportion.  The applicant requested specific information to guide her in making changes necessary to fulfill architectural goals of the Board.  After a long debate it was suggested that the drawings be revised so a meeting with the architectural review subcommittee can be held prior to the next regular Planning Board meeting. 

 

ITEM NO. 5  CONTINUE REVIEW OF APPLICATION FOR SUBDIVISION, (2 RESIDENTIAL LOTS), SUBMITTED BY ARNOLD RESTIVO, RALPH STREET

Mr. Stolman reported the sight distance issue was resolved and a back up area from the garage over the easement was provided.  The plat should indicate who easements are in favor of rather than just being numbered; legal easement documents must be provided.  Mr. Restivo indicated the information requested was on the plan.  The revised plan had not been reviewed by the consultants because it was delivered to the secretary a few days before the meeting.  Mr. Restivo reported his attorney submitted legal easements to the City Attorney for review.  Mr. Tully explained they received a letter from Eugene Ninnie citing the changes that were made, however it was not accompanied by a map.  The map and documents must be checked to see that the information matches up.  Mr. Stolman asked that the plat show what area is being paved and precisely what pavement is being removed. 

 

After some discussion, Mr. Sheers made a motion to grant preliminary subdivision approval, waive the public hearing for the final subdivision plat based upon the fact that the preliminary plat and final plat are substantially the same, and grant final subdivision plat approval subject to fulfilling outstanding consultant comments and review of revised plat and easement descriptions as discussed, seconded by Ms. Strianese.  All voted in favor.  Motion carried.

           

ITEM NO. 6  CONTINUE DISCUSSION OF APPLICATION TO AMEND SITE PLAN APPROVAL, CENTER FOR COMMUNICATION & LEARNING, SUBMITTED BY ST. FRANCIS HEALTH CARE FOUNDATION,

60 DELAVAN AVENUE

Ms. Rapalje recused herself from this item because she was a former employee of

St. Francis.  Jason Barlow, Vice President of St. Francis Hospital and architect Mike McCormack attended the meeting to seek project approval.  Mr. Barlow explained they will be replacing the modular buildings currently used for the preschool program with a new building.  The proposed senior housing facility adjacent to this project has been abandoned and the property is back on the market for sale.  Mr. Barlow requested the board to consider granting approval for this project and if the other property is sold in the future, the new owner would be made aware that a traffic study will be required.  They don’t anticipate any additional traffic from the preschool operation since the use currently exists and is in operation.  A few more children may attend but they will come in on the same number of buses.  Mr. Barlow reported the traffic study that Beacon Community Foundation had done for the 64 senior housing units had anticipated a 2% growth factor and determined there would not be a significant increase in traffic congestion after build-out.  

 

            Mr. Sheers explained additional development has taken place in the area since the original approval for this project.  When the senior housing project was also before the board, it was agreed that a traffic study of the area would be appropriate for both applications.  Traffic study information was presented however board consultants felt it to be somewhat incomplete and requested additional clarifications.  A lengthy discussion took place regarding data provided in the traffic study and questions listed in Mr. Stolman’s review memorandum.  Mr. Stolman felt this applicant could apply information from the previous traffic study by adding accident history, providing a warrant analysis and listing projects included in the study.  Mr. Barley asked that the responsibility be shifted to whoever buys and decides to develop the senior housing property.  After a long debate, it was decided that an analysis comparing traffic volume figures before and after the preschool project build out must be done by a qualified agency. 

            The public hearing for this project was not closed therefore Mr. Sheers made a motion to continue the public hearing at the April 2006 meeting, seconded by Mr. Gunn.  All voted in favor.  Motion carried.  Overall, Board members felt the City Council should look into the area in question considering the increase in traffic and general heightened activity that has taken place on the route over recent years.  A letter outlining the Planning Board’s concerns to City Council members will be drafted. 

 

ITEM NO. 7  CONTINUE REVIEW OF APPLICATION FOR SITE PLAN

APPROVAL, FOR A WADING POOL IN THE HUDSON RIVER, SUBMITTED

BY RIVER POOL AT BEACON, INC., RIVERFRONT PARK    

            Architect Meta Brunzema introduced Allen Zollner, President of River Pool Beacon, and described the river pool project proposed at Riverfront Park.  The concept of a river pool came from a desire to make the river accessible and river swimming safe, an idea put into place back in the 19th Century.  This is a 20 ft. round structure, supported by floaters on the outside, with a permeable floor approximately 18-20 inches deep.  Access will be from a 5 ft. wide, 25 ft. long gangway with a self-latching hinge and locked gate to meet or exceeds all swimming pool codes.  Ms. Brunzema reported they have been working with Dutchess County Department of Health regarding public pool requirements, i.e. safety, cleanliness, etc.  Although a 5 ft. high fence is required, they will install a higher fence.  The Health Department permit is pending submission of a final plan; and the applicant is in the process of signing the Army Corp of Engineer’s permit.   The DEC issued a permit in 2003 which is now being modified due to design changes. 

 

            Mr. Hibbs reviewed minutes from 2004 when this project was first before the Planning Board and at the time the City Council’s support was unclear.  Mr. Zollner reported they were before the City Council twice since and a resolution supporting the project was passed in 2004 after River Pool addressed concerns for safety and cost.  Safety concerns were addressed by incorporating a written safety plan into the project which was accepted by the Department of Health.  With regard to insurance, City Administrator Braun told Mr. Zollner the City’s insurance agent said the pool would be covered by the City’s insurance at no additional cost.  Mr. Zollner read the City Council’s resolution dated May 17, 2004 granting its approval for the construction of a floating, recreational wading pool in the Hudson River.  Ms. Brunzema explained the Department of Health requires two changing rooms and a Port-o-San as shown on the Site Plan located in a manner to make them the least obstructive and noticeable.  The Port-o-San will be located in the islands along the path that leads around the park, directly under a tree so not to obstruct or affect the view and near the roadway for easier servicing.  Mr. Stolman asked how much higher the Port-o-San would be from the water level and requested details on how it will be anchored to prevent vandalism.  The site plan should be made larger in scale and appropriately dimensioned.  Ms. Brunzema described their idea to create a “solar rinse” shower with water heated by the sun.  A suspended large black bag with a shower head attachment would provide a rinse by pulling a cord to release water.  Soap would not be permitted.  Water for the shower would be provided by extending the cold water line from an existing water fountain.  The shower will be across the way from the Port-o-San.

 

 

The required changing area will be a gazebo type structure divided into two rooms provided with benches separated by material drapes.  The octagonal structure will then serve additional purposes when not being used as a changing area June through September.  It will be dismantled and stored away in Scenic Hudson’s red barn during the winter months.  The gangway leading to the wading pool would remain on the shoreline. 

 

Mr. Lanari asked if there were plans to shield the Port-o-San from boaters and had concerns for the view from both the park and water.  Mr. Zollner explained they have discussed that issue and along with placing it near a tree, are considering plantings to help conceal it.  He reported the lifeguard will be situated to the left or right of the access where they can watch people in the pool, the water, waves and gangway.  He or she will monitor the number of people using the pool and the changing room.  They have not yet finalized hours of operation but believe the pool will be open 10 a.m. through 6 p.m., Memorial Day through Labor Day.  Mr. Zollner said they are targeting Beacon residents who may not have access to a swimming pool, as well as interested tourists and visitors.  At this point, proceeds from the “River Swim” event will be used to pay for the life guards.  The wading pool is only a prototype intended to test systems for a larger pool, and unfortunately efforts to make it completely ADA compliant were more expensive than anticipated.  The facility will be handicap accessible during high tide times only because the gangway will be at a sharper angle during low tides. 

 

            Questions arose regarding times when there is an overflow of visitors, i.e. where would they would park or wait for availability.  Ms. Brunzema indicated there are benches and tables scattered throughout the park, and plenty of grassy areas for seating.  Discussion took place regarding the need for Site Plan approval because the City does not typically need Planning Board approval for their projects.  The City Council will be contacted to see how they would like the project to be handled. 

 

Architectural Review

60 Wesley Avenue – Single Family House

Members reviewed the proposal for a new single family house and compared it to other structures in the neighborhood.  After some debate, the board suggested the applicant consider eliminating the third floor, revise proposed siding materials at the first floor level, extend the covered front porch across the front elevation and add windows to the side of the house on the lower level.  Mr. Dexter will review their suggestions with the builder and return. 

 

13 DeWindt Street – Single Family House

Mr. Dexter provided colored photos and a site map of the street to show how the proposed house relates to those in the neighborhood.  After members reviewed the presented information, Mr. Sheers made a motion to approve the proposed design as presented, seconded by Ms. Rapalje.  All voted in favor.  Motion carried.  

 

There was no further business to discuss and Mr. Sheers made a motion to

adjourn the meeting at 10:10 p.m., seconded by Ms. Rapalje.  All voted in favor.  Motion

carried.