MONTHLY TOWN BOARD MEETING

October 6, 2005

 

The Philipstown Town Board held their Monthly Town Board Meeting on the above date, at the Town Hall, 238 Main Street, Cold Spring, New York, at 8:00 p.m.

 

PRESENT:    William Mazzuca       Supervisor

                        Al Hosmer                  Councilman

                        Richard Shea            Councilman

                      Betty Budney           Councilwoman

                        David Brower            Councilman

                        Edward W. Doyle      Town Attorney

 

Supervisor Mazzuca opened the meeting with the salute to the flag.

 

REVIEW OF THE MINUTES

 

The Minutes of the Monthly Town Board Meeting of September 8, 2005, were reviewed.

 

Councilwoman Budney made a motion, seconded by Councilman Brower and unanimously carried that the Monthly Town Board Minutes of September 8, 2005, are hereby approved as presented.

 

The Minutes of the Weekly Town Board Meeting of September 21, 2005, were reviewed.

 

Councilman Hosmer made a motion, seconded by Councilman Shea and unanimously carried that the Weekly Town Board Minutes of September 21, 2005, are hereby approved as presented.

 

The Minutes of September 16, 2005, Bid Opening, removal of existing stairway/reconstruction of stairs, were reviewed. 

 

Councilman Shea made a motion, seconded by Councilwoman Budney and unanimously carried that the minutes of the Bid Opening of September 16, 2005, are hereby approved as presented.

 

COMMITTEE REPORTS

 

HIGHWAY  – Councilman Hosmer reported that the Highway Department is currently working on routine maintenance. Also, a traffic engineer from DOT has surveyed all roads in Philipstown and has completed his recommendations for town speed limits.

 

PLANNING – Councilman Brower reviewed the items addressed at the Planning Board Meeting of September 21,2005.

 

RECREATION – Councilwoman Budney reviewed the events offered through the Recreation Department.

 

ZONING – Councilman Brower reviewed the items addressed at the Zoning Board Meetings of September 12, 2005, September 19, 2005, and October 3,2005.

 

CAC – Councilman Shea reviewed the items addressed at the CAC Meeting of September 13, 2005.

 

RECYCLING – Councilwoman Budney thanked the Garrison Fire Company for use of their facility for the Fall Town Wide Clean-up of October 1, 2005.

 

BUILDING AND LAND ACQUISITION – No report.

 

 

MONTHLY REPORT OF TOWN SUPERVISOR

MONIES RECEIVED AS OF October 6, 2005

 

GENERAL & PART-TOWN FUNDS

 

Town Clerk Fees 9/05                                                 $      761.00

Building Fees 9/05                                                           7,789.00

NYS St Aid                                                                  28,860.00                              

Angell Review Fee                                                     555.00                                    

Tax Coll Penalty Int, Misc, Bank Int, Reminder Fees 19,062.89                                                    P.C. Ck Inclusion Program                                           3,500.00

Bank Interest                                                                     239.78

 

HIGHWAY FUND

 

A.W. Scrap Metal                                         $106.00        

Gen Fund Ck - Building Gas                          324.61                         

Bank Interest                                                    1,036.87

 

 

CONTINENTAL VILLAGE WATER DISTRICT

 

Bank Interest                                              $      57.51

 

 

CONTINENTAL VILLAGE PARK DISTRICT

 

Clubhouse Fees                                        $      400.00

Bank Interest                                                 447.09

 

 

AGENDA

 

  1. Letter dated September 21, 2005 from Andrew Chmar with regard to road repairs at Walmer Lane.

 

Town Clerk Merando read a letter from Andrew T. Chmar regarding Walmer Lane.   Mr. Chmar, on behalf of all the residents of Walmer Lane, expressed their appreciation for the work undertaken by the Highway Department personnel to resolve the stormwater run-off problems between Perks Blvd. and Walmer Lane.

 

  1. Resolution needed authorizing Supervisor Mazzuca to draft a letter of support nominating Manitoga to receive the title of National Historic Landmark, “Nunc Pro Tunc.”

 

RESOLUTION #251-05

The following Resolution was presented by Councilwoman Budney, seconded by Councilman Brower and unanimously carried.

 

RESOLVED, that the Town Board hereby authorizes Supervisor Mazzuca to draft a letter of support for nominating Manitoga to receive the title of National Historic Landmark.

                       

3.    Resolution needed authorizing Supervisor Mazzuca to sign the 2006 contract for shelter services between the Town of Philipstown and the Putnam Humane Society.

 

RESOLUTION #252-05

The following Resolution was presented by Councilman Shea, seconded by Councilwoman Budney and unanimously carried.

 

RESOLVED, that the Town Board of the Town of Philipstown, subject to funding, hereby approves the 2006 contract for shelter services between the Town of Philipstown and the Putnam County Humane Society at a cost of  $18,844.00.

 

4.      Schedule a Public Hearing for a Local Law to amend the Zoning Map, Pidala/Giachinta, Tax Map #38.-2-41.

 

RESOLUTION #253-05

The following Resolution was presented by Councilwoman Budney, seconded by Councilman Shea and unanimously carried.

 

      RESOLVED, that the Town Board hereby schedule a Public Hearing on November 3, 2005, at 7:45 P.M. at the Town Hall, 238 Main Street, Cold Spring, New York, to hear public comments for/against the proposed request for a Local Law to amend the Zoning Map. Pidala/Giachinta, Tax Map #38.-2-41.

 

  1. Resolution accepting the proposal for Phase 1 Environmental Assessment Report on the Glenclyffe Property and authorize Supervisor Mazzuca to sign the Contract.

 

A proposal has been submitted by Tim Miller Associates. Items included in the assessment are review of available historical records, town tax assessment, building records, historical aerial photos, historical maps, property title searches, interviews and review of regulatory agency records including New York State DEC and US EPA data base.

 

RESOLUTION #254-05

The following Resolution was presented by Councilman Shea, seconded by Councilwoman Budney and unanimously carried.

 

RESOLVED, that the Town Board of the Town of Philipstown, accepts the  proposal for Phase 1 Environmental Assessment Report for the Glenclyffe Property and authorizes Supervisor Mazzuca to sign the contract.

 

  1. Town Board to adopt Local law to amend the Land Development Chapter 112-1 to change the definition of Subdivision, and amending Section 112-2E to specifically include any conveyance or exchange of land between adjoining owners. 

 

a.                  Adopt Environmental Assessment Form

 

Town Attorney Doyle stated that the Board has before them an EAF prepared by Tim Miller.  All the questions are answered n/a or no.

 

RESOLUTION #255-05

The following Resolution was presented by Councilman Brower, seconded by Councilman Shea and unanimously carried.

 

      RESOLVED, that the Town Board of the Town of Philipstown has reviewed the Environmental Assessment Form with regard to a Local Law amending the Land Development Chapter 112-1 to change the definition of Subdivision, and amending Section 112-2E to specifically include any conveyance or exchange of land between adjoining owners. 

 

THEREFORE BE IT RESOLVED, that the Town Board authorizes the Supervisor to sign the Environmental Assessment Form and adopt a negative declaration.

(Exhibit A)

 

 

b.                    Adopt Local Law

 

RESOLUTION #256-05

The following was presented by Councilman Hosmer, seconded by Councilwoman Budney and unanimously carried;

 

 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF PHILIPSTOWN, CHAPTER 112 THEREOF ENTITLED LAND DEVELOPMENT, TO AMEND SECTION 112-2 ENTITLED INITIAL REQUIREMENTS.

 

SECTION 1.  Chapter 112 of the Code of the Town of Philipstown is hereby amended by adding a subdivision E. thereto which shall read as follows:

 

            SECTION 112-2. Initial requirements.

 

                        The following requirements are applicable:

                       

                        [A. through D. – no change]

 

E. Any Subdivision which does not require approval from the Philipstown Planning Board shall nevertheless be shown on a Subdivision Plat signed and sealed by a Licensed Surveyor, who shall certify thereon that said Subdivision complies with all applicable Land Development, Zoning and other Laws and Regulations of the Town of Philipstown.  Such Subdivision Plat shall be filed with the offices of the Planning Board, Code Enforcement Officer and Board of Assessors prior to recording any Deed creating such Subdivision.

 

SECTION 2.  Effective Date.  This Local Law shall become effective immediately upon its filing with the Secretary of State.

 

7.      The following Resolutions are needed in the matter of the Quarry Pond Planned Development District.

 

Town Attorney Doyle stated that he and Tim Miller have not had a chance to finish discussions on some of the issues regarding the Planned Development

District, Section B.  Also, he is waiting to hear back from the applicant on some issues. Attorney Doyle stated that we are not ready to proceed on the PDD law itself.

 

 Tim Miller agreed. Tim Miller stated that the SEQR Findings are in place.  Attorney Doyle stated that there was a hearing, and the comment period has expired. He also stated that Tim Miller has drafted a resolution that is before the Town Board labeled Quarry Pond PPD SEQR Findings, which can be adopted if the Town Board so chooses.


 

Tim Miller stated that attached to the Findings Statement is a threshold evaluation form that will be used to direct the Planning Board in evaluating any future site plan applications, insuring that any site plan applications comply with all various thresholds that have been identified though the environmental review process.

 

a.      Resolution adopting the SEQR Findings Statement in connection with Quarry Pond Planned Development District and authorizing Supervisor Mazzuca to sign the same.  (Roll Call Vote)

 

 

RESOLUTION #257-05

The following was presented by Councilman Hosmer, seconded by Councilwoman Budney and unanimously carried;

 

RESOLUTION  APOPTING THE SEQR FINDINGS STATEMENT IN CONNECTION WITH QUARRY POND PLANNED DEVELOPMENT DISTRICT AND AUTHORIZING SUPERVISOR MAZZUCA TO SIGN THE SAME.

(Exhibit “B”)

 

The votes were as follows:

 

Councilwoman Betty Budney                       AYE

Councilman Al Hosmer                            AYE

Councilman David Brower                           AYE

Councilman Richard Shea                           AYE

Supervisor William Mazzuca                       AYE

 

Whereupon, the resolution was declared adopted by the Town Board of the Town of Philipstown.

 

 b. Resolution adopting a Local Law to amend the Zoning Law to create a Planned Development District known as the Quarry Pond Planned Development District. (Roll Call Vote)

 

RESOLUTION #258-05

The following was presented by Councilman Hosmer, seconded by Councilman Brower and unanimously carried;

 

RESOLVED, That the Town Board will table the resolution adopting a Local Law to amend the Zoning Law to create a Planned Development District known as the Quarry Pond Planned Development District.

 

8.  The following resolutions are needed in the matter of the Garrison Golf Planned Development District.

 

a.      Resolution adopting the SEQR Findings Statement in connection with Garrison Golf Planned Development District and authorizing Supervisor Mazzuca to sign the same. (Roll Call Vote)

 

Town Attorney Doyle stated that hearings have been held.

 

Councilman Brower questioned the SEQR Findings page 9, first paragraph, concerning the water resources and wetlands. There is a possibility that the water resources could be reduced. Councilman Brower questioned how we respond if there is a drought and the surrounding houses have no water.

 

 Glen Watson stated that nothing we tested indicated that this would be a possibility.  An operational mistake happened when two pumps were drawing down at the same time and this created a problem for the surrounding houses. It is very unlikely that this would happen again. The owner of Garrison Golf Course is a very responsible person.

 

Michael Gibbons, planning board member, stated that the next owner might not be as responsible as this owner, concerning water usage and shutting off irrigating golf course. Safeguards have to be in place.

 

Stormwater plans have been submitted to DEC.  Stormwater is not being contained but being released into the river.  Golf course chemicals have not been dealt with.

 

RESOLUTION #259-05

The following Resolution was presented by Councilwoman Budney, seconded by Councilman Shea and unanimously carried;  

                                                          

RESOLUTION TB.# 258-05 Garrison Golf Club PLANNED DEVELOPMENT DISTRICT Town of Philipstown, SEQRA FINDINGS, Local Law # 6 of 2005.

 

WHEREAS, The Applicant, Garrison Properties, LLC requested the Town of Philipstown to designate approximately 200 acres, which includes the Garrison Golf Course, as a Planned Development District pursuant to Chapter 175, Article XII of the Philipstown Code.

 

WHEREAS, The proposed PDD is designed to permit the following actions on the Garrison Golf Club site: a golf club, a banquet/meeting facility, a destination restaurant, an inn with up to 40 rooms, a spa with associated retail sales and two single family dwellings.

 

WHEREAS, The Applicant has set the proposed improvements for the Club to occur in an 11-acre “Core Area” of the site.  The boundaries of this area are located in the central portion of the site, south of Philipse Road.

 

WHEREAS, The Philipstown Town Board, acting as Lead Agency adopted a positive declaration and requested the Applicant to prepare a Draft Environmental Impact Statement (DEIS) pursuant to the requirements of the 6 NYCRR Part 617 New York State Environmental Quality Review Act (SEQRA).

 

WHEREAS, The subjects discussed in the DEIS were required as part of the Final Scoping Document that was adopted by the Philipstown Town Board on January 24, 2001.  Following review and comment by the lead agency and the public, the DEIS was accepted as complete on December 29, 2004.  A Public Hearing for the proposed PPD and the DEIS was held on March 7, 2005.  The FEIS for the project was accepted by the lead agency on August 29,2005.

 

NOW THEREFORE BE IT RESOLVED, that the Philipstown Town Board hereby adopts SEQRA Findings to Approve, for the Garrison Golf Club PDD, dated October 3, 2005, and authorizes the Supervisor to sign same, there concluding the SEQRA process.

 

Adopted at a meeting of the Philipstown Town Board on October 6, 2005 by a vote of 5 ayes to 0 no’s.

 

 

The votes were as follows:

 

Councilwoman Betty Budney                       AYE

Councilman Al Hosmer                            AYE

Councilman David Brower                           AYE

Councilman Richard Shea                           AYE

Supervisor William Mazzuca                       AYE

 

Whereupon, the resolution was declared adopted by the Town Board of the Town of Philipstown.

 

 

b. Resolution adopting a Local Law to amend the Zoning Law to create a Planned Development District known as the Garrison Golf Planned Development District. (Roll Call Vote)

 

RESOLUTION #260-05

The following Resolution was presented by Councilman Shea, seconded by Councilwoman Budney and unanimously carried;  

A local law to amend the Zoning Law to create a Planned Development District known as the Garrison Golf Club Planned Development District.

 

SECTION 1.  Chapter 175 of the Code of the Town of Philipstown is hereby amended to add a new Section following Section 175-61A to be known as Section 175-61B as follows:

 

Section 175-61B.  Garrison Golf Club Planned Development District.

 

A.                 Purpose.  The purpose of the Garrison Golf Club Planned Development District (herein known as “GGCPDD”) is to allow a tract of land of considerable size to be developed and designed as a harmonious unit; to permit uses on the parcel of land not otherwise permitted under Article VII and Schedule A; to permit the reconstruction of the banquet facility at the Garrison Golf Club, a facility having more than a 40 year history, in a manner that will be beneficial to the Town of Philipstown; and to permit flexibility in the design and construction of buildings and facilities that, by virtue of their location, orientation, landscaping and other features, demonstrate design merit.

 

B.                 Creation.  The GGCPDD is hereby created on two parcels of land with a combined area of 200.6 acres within the Town of Philipstown and more particularly described in Schedule C1, attached hereto and made a part of this chapter.  It is intended that the standards set forth herein permit certain uses and otherwise regulate the GGCPDD.  Said standards shall constitute the zoning standards within said district and shall replace all other previous zoning standards applicable to the area constituting the GGCPDD.  Furthermore, within said district there is a parcel of land presently (2005) owned by Garrison Properties, LLC, containing an area of approximately 142 acres, generally bounded by Philipse Brook Road on the north, US Route 9 on the east, Snake Hill Road on the south, and lands of the City of New York (Catskill Aqueduct) on the west, which for the purposes of this Section is designated the “Main Parcel.”  Within said GGCPDD and within said Main Parcel there is a 10.670 acre area that for the purposes of this section is designated the “Core Area,” which Core Area is more particularly described in Schedule C2, attached hereto and made a part of this chapter.

 

C.  Definitions.  The following definitions are applicable to the GGCPDD.

 

  1. Appurtenant Facility.  A feature or a building or other structure designed or intended to accommodate specific activities necessary to or customarily associated with one of the permitted uses, such as a swimming pool, tennis court, or maintenance building.
  2. Manager’s Quarters.  An  existing structure (2005) consisting of a single detached dwelling unit for one (1) family located on the westerly side of the Snake Hill Road entrance to the Main Parcel, approximately 600 feet north of Snake Hill Road.
  3. Minor Structure.  A building with a footprint of less than 1,000 square feet, signs, informational kiosks, fences and other small structures intended to facilitate uses permitted within the GGCPDD.
  4. Special Event.  An extraordinary activity or occurrence, such as a golf tournament anticipated to attract more than one hundred (100) spectators, an outdoor concert, an art or music festival, or a community day, that has the potential to negatively impact the neighborhood, traffic, community services or other facilities.

D.  Permitted Uses.  Subject to the restrictions and conditions hereinafter enumerated, the

      following uses are the only uses permitted within the GGCPDD:

 

            1.  A golf club and 18 hole golf course with related appurtenant facilities, including

                 a 19th hole bar and grill and a pro shop conducting related retail sales.

            2.  A destination restaurant.

            3.  A banquet and meeting facility.

            4.  A spa, including related retail sales.

            5.  An inn with a maximum of 40 rooms.

            6.  Two (2) single family dwelling units, including the existing unit located on the   

                 Main Parcel called the “Manager’s Quarters.”

            7.  Customary home occupations.

            8.  Municipal uses.

            9.  Special Events.

 

E.  Restrictions on Permitted Uses.  The permitted uses enumerated in Paragraph D of this

     Section are subject to the following conditions and restrictions:

 

            1.  All permitted uses allowed must be located within the Core Area, except as 

                 follows:

                 a. The Golf Course may be located anywhere within the boundaries of the

                     GGCPDD.

                 b. Maintenance and other service buildings and facilities may be located outside

                     the Core Area, but must be located on the Main Parcel.

                 c. Uses west of the Catskill Aqueduct and/or north of Philipse Brook Road are

                     limited to the actual golf course (tees, fairways, greens, etc.) and minor   

                     structures that may be necessary to facilitate its operation, including such

                     things as; rain shelters; rest rooms; informational kiosks; and similar

                     conveniences for golfers, but specifically excluding: clubhouses, pro shop,

                     19th hole bar and grill, and maintenance and other service buildings and

                     facilities.

            2.  The second permitted single family residential dwelling unit, other than the

                 Manager’s Quarters, must be located on lands both north and east of Snake Hill

                 Road and south of Philipse Brook Road.  Single family residential uses are not

                 permitted at any other location within the GGCPDD.

            3.  The second permitted single family dwelling unit may be a detached free  

                 standing unit or it may be incorporated as part of another building in which other

                 permitted uses are conducted.

            4.  Customary Home Occupations are permitted only within the two single family

                 dwelling units and must be conducted within the limitations specified in Section

                 175-25, Schedule A, Line 2 of this chapter.

            5.  Up to four (4) of the inn’s guest rooms may be located in the existing Manager’s

                 Quarters building.  These rooms may be in addition to the existing single family

                 dwelling unit that presently exists in this building.

            6.  Special Events may only be conducted after obtaining a Parade Permit from the

                 Town under Chapter 125 of the Town Code and any other permits or approvals

                 from any other agency that may have jurisdiction.  The standards of Sections

                125-5G and 125-5H shall not apply.  In addition to any requirements of Chapter

                125, any application to conduct a Special Event must be accompanied by the

                following information:

                a.  A precise description of the Special Event and the activities involved.

                b.  The expected amount of traffic that will be generated.

                c.  The expected levels of any extraordinary noise and/or light that will be

                     generated.

                d.  The amount and location of any additional parking that might be required,

                     the location of such additional parking and whether it is to be accommodated

                     on site or off site.

                e.  Identification of any off-site resources that might be utilized (i.e.: remote

                     parking areas, shuttle buses and bus routes.)

                f.  Any special signage requirements, both on and off site.

                g. A description and the location of any special sanitary accommodations that

                    will be required or a statement that none are required.

                h. First aid, police and other public health and safety requirements or a

                    statement that none are required.

                i.  A list of other permits that may be required or a statement that none are

                    required.

 

F.  Future Improvements.  Future improvements, including structures, may be authorized

     for permitted uses, subject to the following conditions:

        1.  Improvements and structures, other than minor structures, proposed to be located 

             within the GGCPDD, but outside the Core Area shall be considered a modification

             to the GGCPDD, and a Building Permit shall not be issued until such time as the

             GGCPDD has been modified by the Town Board.

        2.  Improvements and structures, other than minor structures, proposed to be located

             within the Core Area may be authorized only after obtaining Site Plan approval

             from the Philipstown Planning Board in accordance with Article IX, Site Plans, of

             this Chapter.

        3.  Subject to Paragraph F4 herein, minor structures anywhere within the GGCPDD

                   may be approved by the Zoning Administrative Officer under Section 175-11 of the

       Town Code providing such structures comply with all applicable provisions of this        

       Chapter, including this Section 175-61B.  However, if the Zoning Administrative

       Officer is uncertain whether to issue a Building Permit for a minor structure, he or

       she may refer the applicant to the Town Board for its opinion.  If in the opinion of

       the Town Board the Building Permit sought is for other than a minor structure, the

       Building Permit shall not be issued until such time as the GGCPDD is modified by

       the Town Board for improvements outside the Core Area, or Site Plan approval has

       been obtained from the Planning Board for improvements located within the Core

       Area.

  4.  Paragraph F3 herein not withstanding, the Zoning Administrative Officer may not 

       approve future buildings that qualify as minor structures so as to permit more than a

       total of three (3) such buildings.  Buildings qualifying as minor structures in

       addition to the total of three (3) that may be approved by the Zoning Administrative

       Officer may only be constructed after Site Plan approval has been obtained from

       the Planning Board.  This paragraph is not intended to limit approval of other minor

       structures such as signs, information kiosks and fences by the Zoning

       Administrative Officer.

  5.  Construction of the second single family dwelling unit permitted under Paragraph

       D6 may occur only after obtaining Site Plan approval for that structure from the

       Planning Board.

  6.  Building Permits necessary for structural repairs or those necessary to allow the

       replacement of existing buildings with new buildings occupying essentially the

       same footprint and having the same floor area and number of stories may be issued

       by the Zoning Administrative Officer under Section 175-11.

 

G.  Additional Restrictions and Requirements.  The following additional restrictions and

requirements apply within the GGCPDD.

        1.  Signs – In lieu of the requirements of Section 175-77A4:

             a.  One sign may be located near the Route 9 entrance providing that:

                  i. The sign is set back a minimum of 10 feet from the property line of Route 9.

                 ii. No part of the sign, including any supporting structure, is higher than 16

                     feet above the ground.

                      iii.  The dimensions of the sign, excluding any support structure, shall not 

    exceed 9 feet, measured vertically and 5 feet measured horizontally.

             b.  One sign may be located near the Snake Hill Road entrance providing that:

                  i.  The sign is set back a minimum of 10 feet from the property line of Snake

                      Hill Road.

                 ii.  No part of the sign, including any supporting structure is higher than

                      16 feet above the ground.

                iii.  The dimensions of the sign, excluding any support structure, shall not

                      exceed 5 feet, measured vertically and 3 feet measured horizontally.

      2.  Parking Spaces – In lieu of the requirements of Section 175-66, a parking space may

           have minimum dimensions of 18 feet by 9 feet and a minimum area of 162 square

           feet.

      3.  The GGCPDD does not grant site plan approval to the property.  A detailed site plan

           prepared pursuant to Sections 175-36 and 175-39 of this Chapter must first be

           submitted to the Philipstown Planning Board for review and approval.

      4.  Site plan approval by the Planning Board shall be subject to securing all applicable

           approvals from all other agencies having jurisdiction.

      5.  An application for site plan approval must be prepared and submitted to the

           Philipstown Planning Board with 180 days of the effective date of the creation of

           this GGCPDD.  Any submission beyond said time may only be made with the

           approval by Resolution of the Town Board, which approval shall be within the sole

           discretion of the Town Board.

      6.  Drainage Analysis and Stormwater Pollution Prevention Plan.  A drainage analysis

           and stormwater pollution prevention plan prepared by a licensed engineer shall be

           submitted with the site plan application.  This plan shall demonstrate treatment of the

           “stormwater quality volume” and retention and treatment of the runoff from a 1-year

           storm for a period of 24 hours.  The stormwater pollution prevention plan shall also

           demonstrate that there will be no significant increase in peak stormwater discharge

           from the site during 2, 10, 25, 50 and 100 year storm events.  The stormwater

           pollution prevention plan shall comply with applicable New York State Department

           of Environmental Conservation guidelines.

      7.  Fees and Reimbursements.  Prior to the signing of the site plan by the Chairperson of

           the Planning Board, the applicant shall have paid all applicable fees to the Town of

           Philipstown.  Pursuant to 6 NYCRR Part 617.13(a), the applicant shall have fully

           reimbursed the Town of Philipstown for its actual costs incurred as Lead Agency in

           the preparation and review of both the Draft and Final Environmental Impact

           Statements for the establishment of the GGCPDD.

8.  Area, Location and Bulk Standards – In lieu of the requirements of Section 175-30,

           Schedule B, the following table sets forth the minimum area and bulk requirements

           to be applied within the GGCPDD.

 

Requirement

GGCPDD

  1

 

Minimum lot area (square feet)

Existing Lot AreasΉ

  2

 

Minimum dimension of square on the lot (feet).

400

  3

 

Minimum lot frontage (feet)

50

  4

 

Maximum number of stories for a building

3

  5

 

Maximum height of a building or structure (feet)

40

  6

 

Minimum setback from

 

 

a1

Street line of US Route 9 (feet)

 

 

 

    Allowed single family dwelling unit

50

 

 

    Minor structures

75

 

 

    Core area buildings

400

 

a2

Center line of US Route 9 (Feet)

 

 

 

    Allowed single family dwelling unit

100

 

 

    Minor structures

125

 

 

    Core area buildings

500

 

b

Other street line (feet)

 

 

 

    Allowed single family dwelling unit

40

 

 

    Minor structures

75

 

 

    Core area buildings

400

  7

 

Minimum setback from side or rear property line

 

 

 

    Single family dwelling unit

30

 

 

    Minor structures

75

 

 

    Core area buildings

400

  8

 

Minimum setback from a residential district boundary line (feet)

 

 

 

    Single family dwelling unit

30

 

 

    Minor structures

75

 

 

    Core area buildings

400

  9

 

Maximum lot coverage as a percent of lot area

7.5%

10

 

Maximum floor area as a percent of lot area

15%

11

 

Minimum floor area for each dwelling (square feet)

720

 

 

SECTION 2.  Effective Date.

 

This Local Law shall become effective upon its filing with the Secretary of State.

 

 

 

 

 

 

 


Ή The minimum area for any one parcel within the PDD shall be the area of that parcel as it exists on the date this PDD is approved.  However, reductions in the area of said parcels resulting from proceedings under the Eminent Domain Law, or a voluntary conveyance in lieu thereof, shall not automatically render the parcel nonconforming, providing such reduction does not exceed 5 acres.  Such actions shall be deemed to modify the area requirement
File: U:\99-114B

Doc.: GG11MR0D.1wp

W.O. 13108

Figures: 9020, 9030

Created: March 10, 2000

Revised: November 28, 2004

Printed: December 2, 2004

Author: GJW

SCHEDULE C1

Description

Of

Garrison Golf Club

PLANNED DEVELOPMENT DISTRICT

 

ALL OF THOSE two (2) certain areas of land situate in the Town of Philipstown, County of Putnam and State of New York that are bounded and described as follows.

 

AREA 1 – EASTERLY AREA

 

BEGINNING at the point formed by the intersection of the southerly line of Philipse Brook Road and the westerly line of U.S. Route 9, as widened in 1996 by appropriation, which point occupies coordinate position

 

            N 506,359.16 (y)

            E 615,138.09 (x)

 

of the New York Coordinate System, East Zone (NAD 1927).

 

THENCE from the said point of beginning, southerly along the westerly line of U.S. Route 9, the following courses:

 

            S 05°03’12”E  107.47 feet

            S 11°29’42”E   95.99 feet

            S 00°05’28”W 657.40 feet

S 16°20’38”E  558.71 feet

S 14°53’09”E  336.58 feet

S 00°42’35”E  137.00 feet and

S 00°44’24”E  180.51 feet

 

to a point at the line of lands formerly of Palumbo and now or formerly of DiSalvo.  Thence along the said DiSalvo lands and along lands formerly of Fratoni and now or formerly of Hines and in part near the center of a stone wall the following courses:

 

            N 74°00’10”W 193.74 feet to a pipe

            S 07°16’20”E   440.64 feet

            S 08°07’07”E   203.16 feet

            S 06°56’21”E     67.69 feet

            S 06°15’14”E   108.55 feet and

            S 30°11’50”E     14.22 feet

to the point on the northerly line of Snake Hill Road that occupies coordinate position

 

            N 503549.51 (y)

            E 615336.64 (x)

 

of the New York Coordinate System, East Zone.  Thence westerly along the northerly line of Snake Hill Road, the following courses.

 

            S 61°34’35”W 159.35 feet

            S 77°13’35”W   58.37 feet

            S 71°22’37”W   59.38 feet

            S 61°08’30”W   22.83 feet

            S 52°09’35”W   31.60 feet

            S 45°17’32”W   86.77 feet

            S 45°44’54”W   48.31 feet

            S 18°21’50”W   22.00 feet

            S 26°07’22”W 192.08 feet

            S 33°04’46”W 168.22 feet

S 41°38’50”W 146.13 feet

S 33°23’24”W 283.64 feet

S 47°54’30”W 103.00 feet and

S 72°15’05”W 107.47 feet

 

to the easterly line of lands formerly of Salome and now or formerly of Gibson.  Thence along the said Gibson lands the following courses:

 

            N 30°56’27”W 331.71 feet to a pipe

            N 55°33’27”W 161.51 feet to a pipe

            N 10°03’27”W 200.00 feet and

            S  24°04’37”W 241.26 feet

 

to a point marked by an iron pipe and lands now or formerly of Parkin. Thence along the said Parkin lands.

 

            N 38°01’52”W 430.00 feet and

            S  65°34’56”W 306.03 feet

 

to a point on the easterly line of lands of the City of New York (Catskill Aqueduct).  Thence northerly along the easterly line of the said Aqueduct lands and in part along the easterly face of a stone wall, first the following courses:

 

            N 19°01’10”W  380.00 feet

            S 78°01’10”E      87.50 feet and

            N 19°01’10”W 1,659.55 feet

 

then on a tangent curve to the right, the central angle of which is 43°30’00”, the radius of which is 100.00 feet for 75.92 feet and then

 

            N 24°28’50”E 378.63 feet

to a point on the southerly line of Philipse Brook Road.  Thence easterly along the southerly line of Philipse Brook Road.

 

            N 88°50’20”E 129.10 feet

 

to a point.  Thence crossing Philipse Brook Road

 

            N 38°36’31”E 117.25 feet

 

to the point on the northerly line thereof where it is met by the easterly line of the aforementioned lands of the City of New York (Catskill Aqueduct).  Thence northerly along the said aqueduct lands and mostly along the easterly face of a stone wall, first

 

            N 33°25’20”W 337.11 feet and

            N 33°25’10”W 229.61 feet

 

then on a tangent curve to the right, the central angle of which is 25°48’00”, the radius of which is 100.00 feet for 45.03 feet, then

 

            N 07°37’10”W 151.45 feet

 

then on a tangent curve to the right, the central angle of which is 25°48’30”, the radius of which is 100.00 feet for 45.04 feet, then

 

            N 18°11’20”E 224.15 feet

 

then on a tangent curve to the left, the central angle of which is 31°08’30”, the radius of which is 300.00 feet for 163.06 feet, then

 

            N 12°57’10”W 204.38 feet

 

then on a tangent curve to the right, the central angle of which is 13°55’00”, the radius of which is 900.00 feet for 218.60 feet, and then

 

            N 00°57’50”E 95.49 feet

 

to the point that is the southwesterly corner of lands formerly of Benjamin and now shown on that certain map entitled, “Hayfield Associates…,” which was filed in the Putnam County Clerk’s Office on September 23, 1976 as Map No. 1533.  Thence along the said southerly line of the lands shown on Filed Map No. 1533 and the center of the stone wall marking it, the following courses:

 

            S 70°02’01”E 169.98 feet

            S 70°33’38”E 134.42 feet and

            S 62°32’51”E   27.02 feet

 

to a point at the line of lands formerly of Openhavska, formerly of Penny and now or formerly of Southard.  Thence along the said Southard lands, along lands now or formerly of the Openhavska Estate and along lands formerly of Openhavska, formerly McFarland and now or formerly of Northup and mostly along the center of a stone wall, the following courses:

 

            S 19°07’28”E 163.04 feet

            S 19°43’48”E 110.31 feet

            S 03°52’26”E   25.61 feet

            S 33°48’56”E   25.29 feet

            S 20°21’43”E 232.67 feet

            S 18°26’00”E 252.47 feet

            S 30°26’17”E   15.16 feet

            S 18°47’12”E   57.04 feet

            S 12°54’31”E   31.59 feet

            S 18°44’58”E 124.77 feet

            S 21°40’02”E 178.61 feet and

            S 15°26’42”E   84.89 feet

 

to a point at the line of lands formerly of McFarland and now or formerly of Northup.  Thence along the said Northup lands

 

            S 19°49’36” W 290.74 feet

 

to a point on the northerly line of Philipse Brook Road that occupies coordinate position

 

            N 505,502.25 (y)

            E 613,437.17 (x)

 

of the New York Coordinate System, East Zone.  Thence southerly across Philipse Brook Road

 

            S 19°49’36”W 26.50 feet

 

to the southerly line thereof.  Thence easterly along the said southerly line of Philipse Brook Road, the following courses:

 

            S 73°30’35”E    66.34 feet

            S 79°17’34”E    64.33 feet

            S 63°46’20”E    33.82 feet

            S 87°05’48”E    57.00 feet

            N 89°49’20”E   36.27 feet

            N 79°48’28”E   67.83 feet

            N 77°45’40”E   53.19 feet

            N 78°01’16”E 116.10 feet

            N 68°18’44”E   36.57 feet

            N 63°16’43”E   30.77 feet

            N 46°52’08”E   72.59 feet

            N 55°01’43”E   20.79 feet

            N 54°56’23”E   62.25 feet      

            N 52°34’34”E   53.68 feet

            N 57°23’00”E 113.81 feet

            N 54°13’43”E 132.85 feet

            N 41°38’15”E   83.11 feet

            N 33°34’56”E   76.86 feet

            N 36°01’18”E 105.80 feet

            N 36°52’06”E 284.94 feet

            N 38°05’32”E 143.70 feet

            N 59°49’34”E   65.22 feet

            N 67°40’41”E   24.38 feet

            N 80°28’13”E   46.99 feet

            S 88°33’16”E   60.12 feet

            N 83°07’54”E   58.63 feet

            S 81°08’33”E 133.86 feet and

            S 75°58’50”E     3.20 feet

 

to the point or place of beginning, containing 159.038 acres, more or less.

 

 

AREA 2 – WESTERLY AREA

 

BEGINNING at the point on the northerly line of Snake Hill Road where it is met by the easterly line of lands formerly of The Walter Hoving Home, Inc., and now or formerly of K.J.A. Land Company, Inc., as the said lands are shown on that certain “Subdivision Plat prepared for .J.A. Land Co., Inc., …,” which was filed in the Putnam County Clerk’s office on September 8, 1995 as Map No. 2651, which point occupies coordinate position

 

            N 505112.72 (y)

            E 611928.07 (x)

 

of the New York Coordinate System, East Zone (NAD 1927).

 

THENCE from the said point of beginning, along the said K.J.A. Land Co., Inc. lands, the following courses:

 

            N 31°33’05”W 517.41 feet

            N 65°33’53”W   30.29 feet and

            N 66°48’58”W 153.65 feet

 

to a point at the line of lands now or formerly of McEvoy, Kastilahn and Tudor as shown on that certain “Minor subdivision Plat prepared for KMT Partners …,” which was filed in the Putnam County Clerk’s office on March 16, 1998 as Map No. 2739.  Thence along the said lands shown on Filed Map No. 2739

 

            N 12°56’10”E 949.96 feet

 

to a point on the southerly line of Lot No. 6 shown on that certain “Subdivision Plat of Garrison Golf Club – Section 1…,” which was filed in the Putnam County Clerk’s Office on October 29, 1990 as Map No. 2488.  Thence along the southerly and southeasterly lines of Lot No. 6 and Lot No. 5 on said Filed Map No. 2488, the following courses:

 

            S 74°29’18”E 150.00 feet

            N 62°00’00”E 442.23 feet and

            N 72°00’00”E 390.00 feet

 

to a point in the westerly line of the aforesaid Catskill Aqueduct lands and the westerly face of a stone wall.  Thence southerly along the said Catskill Aqueduct lands and mostly along the said westerly face of a stone wall, the following, first southerly on a non-tangent curve to the left, the center of which bears N81°20’00”E, the central angle of which is 4°17’10”, the radius of which is 1,100.00 feet for 82.29 feet, then

 

            S 12°57’10”E 204.38 feet

 

then on a tangent curve to the right, the central angle of which is 31°08’30”, the radius of which is 100.00 feet for 54.35 feet, then

 

            S 18°11’20”W 224.15 feet

 

then on a tangent curve to the left, the central angle of which is 25°48’30”, the radius of which is 300.00 feet for 135.13 feet, then the following courses

 

            S 25°39’50”W 286.53 feet

            S 33°25’10”E 200.00 feet

            N 56°34’50”E 150.00 feet

            S 33°25’10”E   99.32 feet

            N56°34’50”E   15.00 feet

            S 33°25’10”E   50.00 feet and            

            S 56°34’50”W  15.00 feet

 

then on a non-tangent curve to the right, the center of which bears S56°34’50”W, the central angle of which is 57°54’00”, the radius of which is 100.00 feet for 101.05 feet, and then the following courses:

 

            S 24°28’50”W   62.00 feet

            S 88°50’20”W 173.00 feet

            N 49°04’30”W  62.87 feet

            S 60°55’50”W 349.62 feet and

            S 22°03’40”E    20.00 feet

 

to a point on the northerly line of Philipse Brook Road.  Thence crossing said Philipse Brook Road.

 

            S 79°45’34”E  74.85 feet

 

to a point on the southerly line thereof.  Thence easterly along the said southerly line of Philipse Brook Road.

 

            N 67°56’20”E 109.56 feet and

            N 88°50’20”E 290.12 feet

 

to another point on the westerly line of the said lands of the City of New York (Catskill Aqueduct). Thence southerly along said Catskill Aqueduct lands and mostly along the westerly face of a stone wall, first

 

            S 24°28’50”W 282.62 feet

 

then on a tangent curve to the left, the central angle of which is 6°48’56”, the radius of which is 300.00 feet for 35.69 feet to a point on the easterly line of Snake Hill Road.  Thence crossing Snake Hill Road

 

            S 45°41’53”W 43.28 feet

 

to a point on the westerly line thereof.  Thence southerly along the westerly line of Snake Hill Road

 

            S 18°01’00”E 1,351.29 feet

 

to a point at the line of lands now or formerly of Osborn.  Thence along the said Osborn lands

 

            S 72°28’20”W 296.27 feet

 

to a stone wall and a point marked by a monument at the line of lands now or formerly of Osborn.  Thence northerly along the said Osborn lands and along lands now or formerly of Farman and in part along the center of a stone wall

 

            N 13°45’10”W 1,392.42 feet and

            N 70°16’40”W    259.01 feet

 

to the point on the southeasterly line of Philipse Brook Road that occupies coordinate position

 

            N 505168.31 (y)

            E 612105.32 (x)

 

of the New York Coordinate System, East Zone.  Thence northwesterly across Philipse Brook Road

 

            N 70°16’40”W 63.30 feet

 

to a point on the northwesterly line thereof.  Thence southwesterly along the said northwesterly line of Philipse Brook Road

 

            S 54°29’25”W 59.22 feet and

            S 58°30’16”W 81.46 feet

 

to the point or place of beginning, containing 41.252 acres, more or less.

SCHEDULE C2

SECOND REVISED

Description

of

Garrison Golf Club

Planned Development District

“CORE AREA”

 

ALL that certain parcel of land situate in the Town of Philipstown, County of Putnam and State of New York that lies within the Garrison Golf Club Planned Development District and within the lands of Garrison properties, LLC (formerly known as Garrison Golf Club, LLC) that is bounded and described as follows:

 

BEGINNING at a point within the bounds of the lands of Garrison Properties, LLC, which point occupies coordinate position

 

            N 505,439.47 (y)

            E 614,685.54 (x)

 

of the New York State Coordinate System, East Zone (NAD 1929) and which point bears

 

            S 26°12’00”W 1,025.00 feet

 

from the point formed by the intersection of the southerly line of Philipse Brook Road and the westerly line of U.S. Route 9, as widened in 1996 by appropriation, which intersection and reference point occupies coordinate position

 

            N 506,359.16 (y)

            E 615,138.09 (x)

 

of the New York State Coordinate System, East Zone.

 

THENCE from the said point of beginning, through the said lands of Garrison Properties, LLC, the following courses:

 

            S 15°00’00”W 575.00 feet

            S 25°40’00”E 225.00 feet

            S 66°50’00”W 315.00 feet

            S 24°50’00”W 165.00 feet

            N 77°20’00”W 145.00 feet

            S 64°20’00”W    78.00 feet

            Due South 168.00 feet

            Due West 225.00 feet

            Due North 170.00 feet

            N 19°30’00”E 130.00 feet

            Due North 285.00 feet

            N 42°50’00”E 115.00 feet

            N 61°10’00”E 500.00 feet

            N 36°40’00”E 145.00 feet

            N 30°30’00”E 211.86 feet and

            Due East 93.33 feet

 

to the point or place of beginning, containing 10.670 acres, more or less.

                                                        

The votes were as follows:

 

Councilwoman Betty Budney                       AYE

Councilman Al Hosmer                            AYE

Councilman David Brower                           AYE

Councilman Richard Shea                           AYE

Supervisor William Mazzuca                       AYE

 

Whereupon, the local law was declared adopted by the Town Board of the Town of Philipstown.

 

9. Code Enforcement Monthly Report.

 

Town Clerk Merando read the Code Enforcement Monthly Report.

 

10.Reject bid proposal from JTM Painting for painting the exterior of the Town Hall.

 

RESOLUTION #261-05

The following Resolution was presented by Councilman Hosmer, seconded by Councilwoman Budney and unanimously carried.

 

RESOLVED, that the Town Board of the Town of Philipstown, rejects the bid proposal from JTM painting for painting the exterior of the Town Hall.

 

11.Set budget workshops.

 

October 11, 2005        6:30PM       Town Hall

October 19, 2005        8:30PM       Town Hall

October 26, 2005        7:30PM       Town Hall

 

 

 

 

  1. Set the following Public Hearing Dates.

 

 

November 3, 2005      7:45PM        Town Hall    Local Law to amend Zoning Map-                                                                                                                                                        Pidala/Giachinta

 

 

November 9, 2005      7:30PM       Town Hall      Preliminary Budget- Continental Village

                                                                             Park District

 

 

 

     

November 9, 2005      7:35PM       Town Hall      Preliminary Budget- Continental Village

                                                                             Water District

November 9, 2005      7:40PM       Town Hall      Preliminary Budget- Philipstown Volunteer 

                                                                             Ambulance

November 9, 2005      7:45PM       Town Hall      Preliminary Budget- Cold Spring Fire                         Company No.1

 

November 9, 2005

November 3, 2005

 

 

November 9, 2005      7:50PM       Town Hall      Preliminary Budget- Garrison Volunteer

                                                                     Ambulance

V

 

 

November 9, 2005      8:00PM       Town Hall     General Budget                                                               

 

 

 

 

 

 

 

 

 

 

 

10.Any other business that may come before the Town Board.

 

Supervisor Mazzuca asked Tim Miller about the overlay district for soil mining.  He has material Joel Russell has sent.  Geologic studies have been done to locate resources in the town. Tim Miller will investigate further.

 

 

Audience

Steve Ives, Garrison resident, asked about the number of units proposed at Quarry Pond. He stated that the real estate industry is interested in the highest number of units possible. He urged the Town Board to re-examine the number of units for that site. Supervisor Mazzuca said the size of the project is not the only issue; what is best for the Town is what will be considered.

 

Andy Chmar announced that there will be a Sustainability Exposition at The Garrison on November 5.

 

Councilman Brower stated the County will finance EMS radios for 2006. The Town is working on improving emergency communications in Philipstown.  Councilman Shea stated that the Town is meeting with Senator Schumer’s office about possible funding.

 

Andy Merante presented the Philipstown Town Board with a booklet and 16 month calendar celebrating the 150th Anniversary of Nelsonville.

 

Supervisor Mazzuca spoke about collecting Teddy Bears for the children of Katrina.  Response from the public has been overwhelming.

 

Councilman Shea extended his best wishes to Ted Lyons for a speedy recovery.

 

VACANCIES

 

Recreation Commission (1)

Continental Village Advisory Committee (1)

 

APPROVAL OF VOUCHERS

 

Councilman Shea made a motion, seconded by Councilman Brower and unanimously carried that the General Vouchers in the amount of $116,148.06, are hereby approved as set forth in Abstract 10.

 

Councilman Shea made a motion, seconded by Councilwoman Brower and unanimously carried that the Highway Vouchers in the amount of $23,166.97, are hereby approved as set forth in Abstract 10.

 

Councilman Hosmer made a motion, seconded by Councilwoman Budney and unanimously carried that the Continental Village Park District Vouchers in the amount of $2,376.63, are hereby approved as set forth in Abstract 10.

 

Councilman Shea made a motion, seconded by Councilwoman Budney and unanimously carried that the Continental Village Water District Vouchers in the amount of $9,206.38, are hereby approved as set forth in Abstract 10.

 

There being no further business to discuss, Councilman Shea made a motion, seconded by Councilman Brower, to close the Monthly Town Board meeting at 9:20 p.m.

 

 

Respectfully submitted by,

 

 

 

Tina M. Merando

Town Clerk