The
Town Board of the Town of Philipstown held their Monthly Meeting on the above
date at 8:00 p.m. at the Town Hall, 238 Main Street, Cold Spring, New York.
PRESENT:
William
Mazzuca Supervisor
Betty Budney Councilwoman
Al Hosmer Councilman
Richard Shea Councilman
Edward W.
Doyle Town Attorney
ABSENT: David Brower Councilman
Supervisor
Mazzuca opened the meeting with the salute to the Flag.
The
Minutes of the Monthly Town Board Meeting of July 14, 2005, were reviewed.
Councilwoman
Budney made a motion, seconded by Councilman Hosmer and unanimously carried
that the Minutes of July 14, 2005, are hereby approved as presented.
The
Minutes of the Public Hearing of July 14, 2005, Alternate Road Standards were
reviewed.
Councilman
Hosmer made a motion, seconded by Councilwoman Budney and unanimously carried
that the minutes of the Public Hearing of July 14, 2005, are hereby approved as
presented.
The
Minutes of the Public Hearing of July 14, 2005, Local Law to amend the Code of
the Town of Philipstown, Chapter 93, “Freshwater Wetlands and Watercourses” are
hereby approved as presented.
The
Minutes of the Public Hearing of July 20, 2005, Chapter 175, Schedule A –
Concrete Products were reviewed.
Councilman
Shea made a motion, seconded by Councilwoman Budney and unanimously carried
that the minutes of the Public Hearing of July 20, 2005, are hereby approved as
presented.
The
Minutes of the Public Hearing of July 20, 2005, Self-Storage, were reviewed.
Councilwoman
Budney made a motion, seconded by Councilman Shea and unanimously carried that
the minutes of the Public Hearing of July 20, 2005, are hereby approved as
presented.
The
Minutes of the Bid Opening of July 29, 2005, for the Painting of the Highway
Garage and Office Trailer were reviewed.
Councilman
Hosmer made a motion, seconded by Councilwoman Budney and unanimously carried
that the minutes of July 29, 2005, are hereby approved as presented.
HIGHWAY – Councilman
Hosmer reported that the Highway Department is cutting brush at the
intersections, completing drainage around the Salt Shed, and sandblasting truck
bodies in preparation for painting.
PLANNING – No report.
ZONING – No report.
RECREATION –
Councilwoman Budney reported that approximately 33 children attended the Cold
Spring Fire Company Jr. Fire Academy.
The graduation will be held at 11:00 a.m. at the Firehouse. She then reviewed the continued summer
programs offered through the Recreation Department.
CAC – Councilman
Shea stated that the Town Board is prepared to appoint the members
tonight. He noted that this committee
is now a combination of Wetlands and the CAC.
RECYCLING –
Councilwoman Budney explained that on August 3rd the Town Board met
with Galaxy Recycling to discuss a recycling center at the landfill site. This would include extended hours that would
consist of four Saturdays a month for eight hours per day. Supervisor Mazzuca noted that if the Village
of Cold Spring and the Village of Nelsonville express an interest in
participating in this initiative, the landfill would also be opened on
Fridays. He also reported that at this
time, the Village of Nelsonville is under contract and cannot commit at this
time.
BUILDING &
LAND ACQUISTION – No Report
MONTHLY REPORT OF TOWN SUPERVISOR
MONIES RECEIVED AS OF August 4, 2005
Town Clerk Fees 500.93
Nebs Refund 290.56
Ikon Refund
384.20
P.C. ck Pay in Lieu of
Taxes 33.44
Badey & Watson Review
Fees (Carlson) 1,057.50
Bldg. Inspection Fees
7/05 41,243.00
Recreation Fees 7/05 74,358.14
Rec Refund
125.00
Bank Interest
302.59
Bank Interest 1,214.67
Bank Interest 5.80
Clubhouse Fees
500.00
Bank Interest 427.05
1. Presentation by Michael Gibbons regarding
the new hiking brochure.
Michael
Gibbons reported that as a result of the Comprehensive Plan Survey, hiking came
in at the top of the list of amenities that residents would like utilize in
Philipstown. He explained that a group
of residents created the 22 hikes in Philipstown maps. He noted that this was made possible through
a state-matching grant with the Greenway Committee. The maps have been mailed to all the residents in Philipstown and
extra copies are available at the Town Hall, Boscobel, Manitoga and the Hudson
Highlands Land Trust. Mr. Gibbons
extended his gratitude to the Greenway Committee for the man-hours that they
dedicated to completing this project.
Mr.
Gibbons stated that in continuing with the map project, the Greenway Committee
would like to introduce an essay contest.
He further explained that the essay would consist of 100 words or less,
addressing experiences on the trails and/or share an interesting sighting. The essay can only refer to one of the 22
trails on the hiking brochure. Manitoga
and Boscobel have agreed to give free passes for tours of their facilities to
the winners of the essay contest.
Mr.
Gibbons also noted that another project underway in Philipstown is the
installation of a half of dozen bicycle racks and benches for those sites,
thanks to Mid Hudson Concrete and CoreKraft.
Another
goal the Greenway Committee is looking to accomplish is to bridge the gaps in
our trail ways that already exist by negotiating easements, etc. Also, another avenue would be to engage in
obtaining a second grant to identify all the trails in Philipstown. The 2006 agenda would also include a
three-day triathlon.
2. Presentation by Marlo Kovac regarding the
Stream Study Report.
Marlo
Kovac of Hudson Highlands Land Trust presented the completed Stream Study to
the Town Board. She explained that in
the spring of 2003, the Land Trust requested grant monies from the NYSDEC to
help fund a stream-monitoring program.
She noted that they were awarded 75% of the total requested, and the
Town of Philipstown helped to close the gap in the funding.
Marlo
Kovac then reviewed the Stream Study Program and all the data included in this
report. The completed Stream Study
Report is on file in the Town Clerk’s Office during regular business hours for
review.
3. Resolution needed to retain Richard Goldsand as counsel to the Office of Town Attorney in defending the Town in Tax Certiorari matters.
The
following Resolution was presented by Councilman Shea, seconded by Councilwoman
Budney and unanimously carried;
RESOLVED, that the Town
Board hereby retains Richard Goldsand to represent the Town of Philipstown in
all Certiorari Claims for the year 2005 at the rate of $125.00 per hour, plus
out-of-pocket expenses.
4. The following Resolutions are needed with regard to Mountain Drive, Knox Lane/Brant Terrace and Valley Lane Road Improvements:
RESOLUTION
SETTING BUDGET, ACCEPTING COMPLETED ASSESSMENT ROLL FOR FILING WITH TOWN CLERK,
AND SETTING PUBLIC HEARING PURSUANT TO TOWN LAW 231 (2) AND 202 (A)
Resolution
Offered by Council Member Betty Budney,
WHEREAS, the Town has
established the Mountain Drive Road Improvement pursuant to Town Law Section
200, and has reviewed a proposed budget and assessment roll for said
improvement for the 2006 year, and
WHEREAS, it is
necessary that the Town prepare the proposed budget and assessment roll and
file said assessment roll with the Town Clerk prior to September 15th
before conducting the public hearing on the proposed assessment roll,
NOW, THEREFORE, be it
resolved that the Town Board:
(1)
pursuant to Town Law 231 (2) and 202 (a), accepts as
complete the 2006 tentative budget and tentative assessment roll attached
hereto, and directs that they be filed immediately with the Town Clerk, and
(2)
sets a public hearing on the proposed budget and assessment
roll for the 24th day of August, 2005, at which time the public may
be heard concerning any objections to the tentative assessment roll, and
(3)
directs the Town Clerk to post and publish a notice of
completion of the tentative assessment roll and notice of public hearing, not
more than twenty and not less than ten days before the date specified for the
hearing.
Resolution Seconded by Council Member
Al Hosmer
The
votes were as follows:
Councilwoman
Betty Budney AYE
Councilman
Al Hosmer AYE
Councilman
Richard Shea AYE
Supervisor
William Mazzuca AYE
Councilman
David Brower ABSENT
Whereupon,
the resolution was declared adopted by the Town Board of the Town of
Philipstown.
RESOLUTION
SETTING BUDGET, ACCEPTING COMPLETED ASSESSMENT ROLL FOR FILING WITH TOWN CLERK,
AND SETTING PUBLIC HEARING PURSUANT TO TOWN LAW 231 (2) AND 202 (A)
Resolution
Offered by Council Member Richard Shea.
WHEREAS, the Town has
established the Knox Lane/Brant Terrace Road Improvement pursuant to Town Law
Section 200, and has reviewed a proposed budget and assessment roll for said
improvement for the 2006 year, and
WHEREAS, it is
necessary that the Town prepare the proposed budget and assessment roll and
file said assessment roll with the Town Clerk prior to September 15th
before conducting the public hearing on the proposed assessment roll,
NOW, THEREFORE, be it
resolved that the Town Board:
(4)
pursuant to Town Law 231 (2) and 202 (a), accepts as
complete the 2006 tentative budget and tentative assessment roll attached
hereto, and directs that they be filed immediately with the Town Clerk, and
(5)
sets a public hearing on the proposed budget and assessment
roll for the 24th day of August, 2005, at which time the public may
be heard concerning any objections to the tentative assessment roll, and
(6)
directs the Town Clerk to post and publish a notice of
completion of the tentative assessment roll and notice of public hearing, not
more than twenty and not less than ten days before the date specified for the
hearing.
Resolution
Seconded by Council Member Betty Budney.
The
votes were as follows:
Councilwoman
Betty Budney AYE
Councilman
Al Hosmer AYE
Councilman
Richard Shea AYE
Supervisor
William Mazzuca AYE
Councilman
David Brower ABSENT
Whereupon,
the resolution was declared adopted by the Town Board of the Town of
Philipstown.
RESOLUTION
#184-05
RESOLUTION
SETTING BUDGET, ACCEPTING COMPLETED ASSESSMENT ROLL FOR FILING WITH TOWN CLERK,
AND SETTING PUBLIC HEARING PURSUANT TO TOWN LAW 231 (2) AND 202 (A)
Resolution
Offered by Council Member Al Hosmer.
WHEREAS, the Town has
established the Valley Lane and portion of Brookside Drive Road Improvement
pursuant to Town Law Section 200, and has reviewed a proposed budget and
assessment roll for said improvement for the 2006 year, and
WHEREAS, it is
necessary that the Town prepare the proposed budget and assessment roll and
file said assessment roll with the Town Clerk prior to September 15th
before conducting the public hearing on the proposed assessment roll,
NOW, THEREFORE, be it
resolved that the Town Board:
(7)
pursuant to Town Law 231 (2) and 202 (a), accepts as complete
the 2006 tentative budget and tentative assessment roll attached hereto, and
directs that they be filed immediately with the Town Clerk, and
(8)
sets a public hearing on the proposed budget and assessment
roll for the 24th day of August, 2005, at which time the public may
be heard concerning any objections to the tentative assessment roll, and
(9)
directs the Town Clerk to post and publish a notice of
completion of the tentative assessment roll and notice of public hearing, not
more than twenty and not less than ten days before the date specified for the
hearing.
Resolution
Seconded by Council Member Betty Budney.
The
votes were as follows:
Councilwoman
Betty Budney AYE
Councilman
Al Hosmer AYE
Councilman
Richard Shea AYE
Supervisor
William Mazzuca AYE
Councilman
David Brower ABSENT
Whereupon,
the resolution was declared adopted by the Town Board of the Town of
Philipstown.
The
following Resolution was presented by Councilman Shea, seconded by Councilwoman
Budney and unanimously carried;
RESOLVED, that the Town Board hereby schedules a Public Hearing to hear public comments for/against the 2006 Mountain Drive Road Improvement Assessment Roll on August 24, 2005, at 7:30 p.m., at the Town Hall, 238 Main Street, Cold Spring, New York.
RESOLUTION
#186-05
The
following Resolution was presented by Councilman Shea, seconded by Councilwoman
Budney and unanimously carried;
RESOLVED, that the Town
Board hereby schedules a Public Hearing to hear public comments for/against the
2006 Knox Lane/Brant Terrace Road Improvement Assessment Roll on August 24,
2005, at 7:35 p.m., at the Town Hall, 238 Main Street, Cold Spring, New York.
RESOLUTION
#187-05
The
following Resolution was presented by Councilwoman Budney, seconded by
Councilman Shea and unanimously carried;
RESOLVED, that the Town
Board hereby schedules a Public Hearing to hear public comments for/against the
2006 Valley Lane and portion of Brookside Drive Road Improvement Assessment
Roll on August 24, 2005, at 7:40 p.m., at the Town Hall, 238 Main Street, Cold
Spring, New York.
5. Accept resignations of members of the Wetlands Committee.
RESOLUTION
#188-05
The
following Resolution was presented by Councilwoman Budney, seconded by
Councilman Shea and unanimously carried;
RESOLVED, that the
Town Board hereby accepts the resignation of Isabel Lopatin as secretary to the
Wetlands Committee effective immediately.
The
following Resolution was presented by Councilman Hosmer, seconded by Councilman
Shea and unanimously carried;
RESOLVED, that the
Town Board hereby accepts the resignation of Matthew Mastrantone as Chairman of
the Wetlands Committee effective immediately.
The
following Resolution was presented by Councilman Shea, seconded by Councilwoman
Budney and unanimously carried;
RESOLVED, that the
Town Board hereby accepts the resignation of Andy Galler as a member of the
Wetlands Committee effective immediately.
The
following Resolution was presented by Councilwoman Budney, seconded by
Councilman Hosmer and unanimously carried;
RESOLVED, that the
Town Board hereby accepts the resignation of Eric Lind as a member of the
Wetlands Committee effective immediately.
6. Appointments to the Conservation Advisory Council.
RESOLUTION
#192-05
The
following Resolution was presented by Councilman Shea, seconded by Councilwoman
Budney and unanimously carried;
RESOLVED, that the Town
Board hereby appoints Andrew Galler to serve as a member of the Conservation
Advisory Council, whose term will expire March 3, 2006.
The
following Resolution was presented by Councilman Hosmer, seconded by
Councilwoman Budney and unanimously carried;
RESOLVED, that the
Town Board hereby appoints John Sussmeier to serve as a member of the
Conservation Advisory Council, whose term will expire March 3, 2006
The
following Resolution was presented by Councilman Shea, seconded by Councilwoman
Budney and unanimously carried;
RESOLVED, that the Town
Board hereby appoints Eric Lind to serve as a member of the Conservation
Advisory Council, whose term will expire March 3, 2006
The
following Resolution was presented by Councilman Hosmer, seconded by
Councilwoman Budney and unanimously carried;
RESOLVED, that the
Town Board hereby appoints Matthew Mastrantone to serve as a member of
Conservation Advisory Council, whose term will expire March 3, 2006.
7. Resolution establishing the monthly meeting of the Conservation Advisory Council, which will be held the second Tuesday of every month at 7:30 p.m., at the Town Hall.
The
following Resolution was presented by Councilman Shea, seconded by Councilwoman
Budney and unanimously carried;
RESOLVED, that the
monthly meeting of the Conservation Advisory Council be held on the second
Tuesday of every month at 7:30 p.m., at the Town Hall, 238 Main Street, Cold
Spring, New York.
8. Adopt Local Law to amend the code of the Town of Philipstown Chapter 175, thereof entitled zoning, to change Schedule A – Permitted Uses.
a)Adopt EAF /
Negative Declaration
RESOLUTION
#197-05
The following Resolution was presented by Councilman
Shea, seconded by Councilwoman Budney and unanimously carried;
WHEREAS, the Town Board of the Town of Philipstown has reviewed the Short
Environmental Assessment Form with regard to Chapter 175, to change Schedule A
– Permitted Uses.
THEREFORE, BE
IT RESOLVED, that the Town Board authorizes the Supervisor to
sign the Short Environmental Assessment Form and adopt a negative declaration.
(Exhibit A)
b) Adopt Local Law
RESOLUTION
#198-05
The
following Resolution was presented by Councilman Shea, seconded by Councilman
Hosmer and unanimously carried;
A
LOCAL LAW TO AMEND THE CODE OF THE TOWN OF PHILIPSTOWN, CHAPTER 175 THEREOF
ENTITILED ZONING, TO CHANGE SCHEDULE A – PERMITTED USES.
SECTION
1. Purpose. The Town Board has
determined that certain uses should be prohibited within the Town, either
because there are already a sufficient number of such uses and any additional
number would be excessive; or because the introduction of such uses would have
an adverse impact excessively disproportionate to any corresponding benefit
therefore.
SECTION
2. Chapter 175 of the Code of the Town
of Philipstown is hereby amended to the extent that Schedule A – Permitted
Uses, lines 36, 37 and 39 are hereby amended to read as follows:
District Codes
R-
R- R- R- R- B-
B- I
10 20 40 80 120
1 2
_________________________
36.
Establishments for the manufacture,
X X X X X
X S S
processing or assembling of goods r
when occupying not more than
10,000 square feet of floor area.
However, such establishments for
The manufacture of concrete or
asphalt or the manufacture, processing
or assembling of goods made from
concrete or asphalt are prohibited.
The processing of dirt, soil, gravel and/
or rock, or rock crushing is
prohibited.
37.
Establishments for the manufacture,
X X X X X
X X S
processing or assembling of goods
r
without the limitations of Line 36 above
However, such establishments for the
manufacture of concrete or asphalt or the
manufacture, processing or assembling
of goods made from concrete or asphalt,
are prohibited. The processing of dirt, soil
gravel and / or rock, or rock crushing is
prohibited.
29.
Warehousing and wholesale businesses,,X
X X X X X
S S
building contractors’ yards and garages,
lumber and building materials yards and
storage buildings, freight and materials
trucking yards, terminals and garages
and
bus terminals, yards and garages.
However, such uses may not include the
manufacture of concrete or asphalt or
the
manufacture, processing or assembling
of goods made from concrete or asphalt.
the processing of dirt, soil, gravel
and/or
rock, or rock crushing is prohibited.
9. Letter of support for the Putnam County Historical Society & Foundry School Museum.
Supervisor
Mazzuca stated that this Gala would be held on September 10, 2005.
The
following Resolution was presented by Councilwoman Budney, seconded by
Councilman Shea and unanimously carried;
RESOLVED, that the Town
Board authorizes Supervisor Mazzuca to forward a letter of support for the
Putnam County Historical Society & Foundry School Museum that will be
placed in this years Gala Journal.
10. Resolution needed to hire Ann Gallagher as the part-time Justice Clerk at the rate of pay set forth in the 2005 budget.
Supervisor
Mazzuca explained that this position was advertised in the local paper and the
Judges conducted several interviews. He
stated that Ann Gallagher is the current Planning Board Secretary at a pay rate
of $15.00 per hour. He noted that
Patricia Watkins held this position along with other jobs in the Town, as a
full–time employee, so the funds are in the Town Board’s 2005 budget.
RESOLUTION
#200-05
The following Resolution was presented
by Councilwoman Budney, seconded by Councilman Hosmer and unanimously carried;
RESOVLED, that the Town
Board hereby approves the hiring of Ann Gallagher as part-time Justice Clerk at
the rate of $15.00 per hour for an estimated 20 hours per week.
11. Town board to consider adopting a Local Law to add
Self-storage Facilities to the Schedule of Permitted Uses and to adopt
regulations for such uses.
a) Adopt EAF/Negative Declaration.
RESOLUTION
#201-05
The following Resolution was presented
by Councilman Shea, seconded by Councilwoman Budney and unanimously carried;
WHEREAS, the Town Board of the Town of Philipstown has reviewed the Short
Environmental Assessment Form with regard to a Local Law to add Self-storage
Facilities to the Schedule of Permitted Uses and to adopt regulations for such
uses;
THEREFORE BE
IT RESOLVED, that the Town Board authorizes the Supervisor to
sign the Short Environmental Assessment Form and adopt a negative declaration.
(Exhibit B)
b) Adopt Local Law.
Supervisor Mazzuca explained that
public hearings on this matter have gone on for some time. One of the major comments from the public
with regard to this local law was that originally, this use would be permitted
in business zones. He noted that this
use would only be permitted in industrial zones.
RESOLUTION
#202-05
The following Resolution was presented
by Councilman Hosmer, seconded by Councilwoman Budney;
A LOCAL LAW TO ADD SELF-STORAGE
FACILITIES TO THE SCHEDULE OF PERMITTED USES AND TO ADOPT REGULATIONS FOR
USES. BE IT ENACTED BY THE TOWN BOARD
OF THE TOWN OF PHILIPSTOWN AS FOLLOWS:
Section 1. Legislative intent.
Self-service storage facilities are a
relatively new type of land use in the northeast region of the United States,
and, the Town’s current land use regulations were not specifically designed to
address the need for such facilities.
Self-service storage facilities are typically used by individuals such
as students, condominium owners, apartment renters and single family homeowners
who need more space for storing personal possessions. They are also used by commercial users for storage of records,
materials and excess inventory.
Self-service storage facilities are different from conventional
warehouses in numerous respects, including but not limited to their access,
parking and loading needs, and the monotony they may present. Therefore, as the need for self-service
storage facilities industry grows, the Town finds it appropriate to adopt
regulations that address the valid planning, aesthetic and community
development concerns for them within the Town.
Section 2.
Chapter 175 of the Code of the Town of
Philipstown, Section 175-20 Terms defined is hereby amended to add the
following definition in proper alphabetical order:
SELF-STORAGE FACILITY – A facility
containing one or more structures containing separate individually leasable or
rentable storage spaces.
Section 3.
Chapter 175-25 of the Code of the Town
of Philipstown, Schedule A thereof, is hereby amended as follows:
A.
A new line 40 is inserted to read as follows:
Permitted Uses R-10
R-20 R-40 R-80
R-120 B-1 B-2
I
40. Self-storage Facility X X X X
X X X
S
B.
Lines 41-47 Permitted Uses set forth in existing lines 40-46
are renumbered lines 41-47 Respectively.
Section 4.
Chapter 175 of the Code of the Town of
Philipstown is hereby amended to add a new Section following 175-57, to be
known as Section 175-57.1 as follows:
§175-57.1
Self-Storage Facilities
Self-storage facility uses shall also
conform to the following standards and conditions:
A.
Use
(1)
Only dead-storage activities shall be permitted. One office with a maximum floor area of 1200
square feet, for the operation of the facility and limited retail sales of
products and supplies incidental to the principal use shall be permitted. All such incidental sales must take place
within said office area.
One
residential unit shall be permitted for the use of the owner or caretaker of
the facility.
(2)
The following are prohibited and the operator of the
self-storage center shall include a provision to this effect in any lease or
contract used to rent or occupy the storage units:
(a)
Retail activities, storefronts and office activities.
(b)
Storage or maintenance of radioactive, toxic, explosive or
controlled substances, gasoline and similar petroleum products, flammable or
hazardous chemicals.
(c)
Servicing or repair of motor vehicles, engines, motors,
tools or machinery and the construction or fabrication of goods or materials.
(d)
The operation of any power tools, spray equipment,
compressors, kilns, other equipment.
(e)
Auctions garage or tag sales, flea markets, commercial or
private sales, or hobby shops.
(f)
Storage of vehicles in storage units or anywhere on the lot
(g)
Loading docks or materials-handling equipment (such as fork
lifts)
(3)
Storage
All storage
shall be inside a building; outside storage shall be prohibited on the same
lot, which supports a self-storage facility.
(4)
Parking
Vehicle
parking shall be for customers and employees only while they are on the site. Motor vehicles shall not be parked for longer periods of time, or
otherwise stored within the center.
(5)
Hours
Operating
hours shall be limited from 7:00 a.m. to 8:00 P.m. (8AM to 6PM on Saturdays, Sundays and Holidays).
(6)
Lien Law Auctions
The owners or
operators of the site may conduct public or private sales on the site solely
for the purposes of enforcing liens pursuant to Section 182 of the Lien Law of
the State of New York no more than three times per calendar year.
B.
Area, Setback and Bulk Regulations.
(1)
There shall be a minimum lot area of two (2.0) acres.
(2)
Setback requirements shall be as follows:
(a)
Front yard, with no parking or paved access to storage doors
to a building: 50 feet; with parking and/or paved access to storage building
doors: 75 feet.
(b)
Side and rear yards as required by the respective zones.
(3)
Bulk Requirements:
Maximum coverage shall be as permitted by the respective zones.
(a)
limit on building length –150 feet, and if the site has
frontage on Route 9 the building shall be sited perpendicular to the roadway.
(b)
Limit on building height –15 feet for buildings with flat
roofs or up to 23 feet for buildings with pitched roofs. All buildings shall be one story.
(c)
Limits on unit size – the maximum size of a storage unit
permitted in a self-service storage facility is six hundred (600) square
feet. In no case shall a single tenant
be permitted to rent or lease more than 1,800 square feet in a single,
self-service facility.
C.
Screening
(1)
Where the lot is adjacent to a residential area, screening
shall be provided as required in section 175-93.
(2)
Care shall be taken to provide an aesthetically pleasing,
well-landscaped and maintained facility and to avoid a monotonous or
fortress-like appearance. Required yards
shall be landscaped with a mix of trees, shrubs of varying sizes and vegetative
ground covers as appropriate to the site and as approved by the Planning
Board. The color, material and design
of structures, including their roof pitch, and signs shall be reviewed by the
Planning Board as to their conformity with surrounding structures and community
character.
D.
Lighting
All outdoor lights shall be shielded to
direct light and glare only onto the self-storage facility premises and may be
of sufficient intensity to discourage vandalism and theft. Said lighting and glare shall be deflected,
shaded and focused away from all adjoining property.
Circulation drives, access aisles and
lighting shall not be permitted on a side facing a residential area, unless a sufficiently
high landscaped berm can be provided to completely shield the building and
lighting from the residential area.
E.
Off-Street Parking
Self-service storage facilities shall
provide a minimum of one parking space per 25 storage units. One parking space per 200 sq. feet of floor
area shall be provided for the leasing office if such is present. If an on-site owner’s or caretaker’s
residence is provided, two parking spaces adjacent to said unit shall be provided
for such use in addition to that required for the remainder of the facility.
F.
Construction Materials
Construction material shall be suitable
for withstanding considerable impacts, and satisfactory provisions for
continuous maintenance of the site and building shall be submitted to the
Planning Board for approval. All
facades of buildings visible from a public street or property line shall be
finished.
G. Circulation and Access
Internal site circulation lanes shall
be adequate in dimensional cross-section, width and turning radii where applicable
to provide for the maneuverability of fire trucks. Aisle width shall be a minimum of 15 feet for one way traffic, 24
feet for two-way traffic.
G.
Identification Signs
An identification sign ( no more than
four square feet) shall be required indicating the name and telephone number of
the owner and / or manager of the self-storage facility.
Signs shall be permitted as follows: A
ground-mounted or pole-mounted sign shall be permitted at the entry of the
site. If ground-mounted, such sign
shall not be located so as to interfere with the visibility of traffic entering
or exiting the site. Such sign shall
not be higher than ten (10) feet, as measured from top of said sign, and shall
not exceed thirty-six (36) square feet in area. The Planning Board may, in its discretion, permit an additional
identification sign or lettering to be affixed to the front façade of the
accessory office building. Such sign or
lettering may not exceed thirty-six (36) square feet in size. In no case shall any signage or the attention-getting
devices be mounted to the roofs, doors or side of any structures on the site
nor to the site fence. On-site
circulation signs shall be provided as needed with the review and approval of
the Planning Board.
H.
Security
Provisions shall be made for adequate
site security and access control. If
the facility is gated, adequate provision shall be made for access by emergency
service providers when the facility is closed.
If fencing is provided for access control, in no case shall barbed wire
or razor wire fence components be incorporated into the same. Such fence shall not exceed eight (8) feet
in height. Notwithstanding the
foregoing, the solid rear and/ or side walls of a storage building or buildings
may be incorporated into a fence line for purposes of access control subject to
Planning Board approval of the exterior finish of the same. Solid or decorative
brick, stone, architectural tile, masonry or wood walls may be used for fencing
and screening purposes. Fences of their
equivalent shall meet the minimum setback requirement for the district. The placement of or incorporation of signs
or their advertising media on such fences or walls is not permitted unless
expressly so approved by the Planning Board pursuant to subparagraph (h).
I.
Drainage
Adequate drainage control measures
shall be provided on the site as to avoid increasing the existing rates of flow
off the site. Provision shall be made
for protecting the quality of the surface water runoff from the site both
during the operation of the site as well as during its construction.
J.
Separation Requirement
To avoid an excessive concentration of
self-storage facilities in the Town, such facilities must be separated from the
boundary of a lot containing any other such facility, or approved site for such
a facility, within the Town by 1500 feet.
K.
Miscellaneous
(1)
The Planning Board may impose such other conditions, as it
shall deem necessary to provide for the orderly development of the site.
(2)
No action may be taken on a proposed self-storage facility
unless and until the project has been reviewed by the Fire Marshal and Town
Code Enforcement Officer and their respective recommendations submitted to the
Planning Board.
12. Town Board to consider the style of fencing to be used at
the Lema Junkyard site on Route 9, Cold Spring.
Following a brief discussion, the Town
Board’s consensus is to refer the above item to the Planning Board. Michael Gibbons asked if Lema was granted a
renewal of a Junkyard License and also commented that the DEC’s report on this
site notes that some outstanding water quality issues must be addressed. Councilman Shea noted that this is only a
portion of their receiving a license for operations; there are many other items
that must be addresses prior to their renewal.
RESOLUTION
#203-05
The following Resolution was presented
by Councilwoman Budney, seconded by Councilman Shea and unanimously carried;
RESOLVED, that the
Town Board hereby refers the matter of Lema Junkyard’s style of fencing to the
Planning Board for their recommendation; as this pertains to design standards.
13. Authorize the Town Clerk to advertise for bidders for the
Fall Town-Wide Cleanup and set tentative dates.
This matter will be addressed when a
date for the Town-Wide Cleanup has been established.
14. Advertise for two vacancies on the Recreation Commission.
RESOLUTION
#204-05
The following Resolution was presented
by Councilwoman Budney, seconded by Councilman Shea and unanimously carried;
RESOLVED, that the
Town Board authorizes the Town Clerk to advertise two (2) vacancies on the
Recreation Commission.
15. Re-appoint Nancy Montgomery to the Recreation Commission for
a 7-year term, expiring September 1, 2011.
RESOLUTION
#205-05
The following Resolution was presented
by Councilman Shea, seconded by Councilwoman Budney and unanimously carried;
RESOVLED, that the Town Board hereby
re-appoints Nancy Montgomery to serve on the Recreation Commission for a 7-year
term expiring September 1, 2011.
16. Re-appoint Jacqueline Grant to the recreation Commission for
a 7-year term, expiring September 1, 2011.
The Town Board is in receipt of
Jacqueline Grant’s resignation from the Recreation Commission effective August
31, 2005.
17. Re-appoint the following to the Board of
Assessment Review for a 5-year term expiring September 30, 2010.
a)
Jamie Adams, Chairman
RESOLUTION
#206-05
The Following Resolution was presented
by Councilman Hosmer, seconded by Councilwoman Budney and unanimously carried;
RESOLVED, that the Town
Board hereby re-appoints Jamie Adams to serve as Chairman of the Board of
Assessment Review for a 5-year term expiring September 30, 2010.
b)
Paul McGloin
RESOLUTION
#207-05
The following Resolution was presented
by Councilman Shea, seconded by Councilwoman Budney and unanimously carried;
RESOLVED, that the Town
Board hereby re-appoints Paul McGloin to serve as a member of the Board of
Assessment Review for a 5-year term expiring September 30, 2010.
c)
Dorothy Gilman
RESOLUTION
#208-05
The following Resolution was presented
by Councilwoman Budney, seconded by Councilman Shea and unanimously carried;
RESOLVED, that the Town
Board hereby re-appoints Dorothy Gilman to serve as a member of the Board of
Assessment Review for a 5-year term expiring September 30, 2010.
17. Reject bids for repairs and refurbishing existing stairs at
the Town Hall.
Town Clerk Merando noted that the town
had received 3 proposals for repairs of the stairs at the Town Hall. Due to the difference in the amounts on the
proposals, the Town Board should advertise for bidders.
RESOLUTION #210-05
The following Resolution was presented
by Councilwoman Shea, seconded by
Councilwoman Budney and unanimously carried;
RESOLVED, that the Town
Board hereby rejects three (3) proposals submitted to the Town for repairs to
the existing stairs at the Town Hall.
18A. Authorize the Town Clerk to advertise for
bidders to repair and refurbish existing stairs at the Town Hall.
RESOLUTION
#211-05
The following Resolution was presented
by Councilwoman Budney, seconded by Councilman Hosmer and unanimously carried;
RESOLVED, that the Town
Board hereby authorizes the Town Clerk to advertise for bidders for the repair
and refurbishing of the existing stairs at the Town Hall.
19.Resolution
supporting the Garrison Volunteer Ambulance Corps Revenue Recovery Program.
RESOLUTION
#212-05
The following Resolution was presented
by Councilman Hosmer, seconded by Councilwoman Budney and unanimously carried;
WHEREAS, the Town of
Philipstown recognizes and supports the Garrison Volunteer Ambulance Corps
Revenue Recovery Program; and
WHEREAS, the Garrison
Volunteer Ambulance Corps has been serving the community since 1974; and
WHEREAS, the Garrison
Volunteer Ambulance Corps new billing practice will assist senior citizens who
are in need of advanced life support; and
WHEREAS, the Garrison
Volunteer Ambulance Corps Revenue Recovery Program will allow their volunteers
to continue to provide professional services to our community and alleviate the
senior citizen’s concern of Medicare not reimbursing them for their ambulance expenses;
and
WHEREAS, the Garrison
Volunteer Ambulance Corps Revenue Recovery Program will also allow for the
reimbursement of funds collected to pay for advanced levels of care without
affecting the services provided to our elderly populations;
NOW, THEREFORE
BE IT RESOLVED that the Town of Philipstown fully supports the Garrison
Volunteer Ambulance Corps Revenue Recovery Program.
20. Resolution
supporting the right of an individual with a disability to bring their service
animal onto any place of public accommodation.
The Town
Board briefly discussed this matter, questioning why the Town would act on this
if it were already a federal law. Town
Attorney Doyle noted that if this law exists under the Americans with
Disabilities Act and under Section 47 of New York State Civil Rights Law, it
must be obeyed and enforced.
RESOLUTION
#213-05
The following
Resolution was presented by Councilwoman Budney, seconded by Councilman Shea
and unanimously carried;
RESOLVED, that the Town Board hereby tables this matter until Supervisor Mazzuca
contacts the County Legislator.
21. Town Board to consider adopting the
Final Environmental Impact Statement with regard to Quarry Pond.
Supervisor Mazzuca read the Notice of
Completion of Final GEIS for the Quarry Pond Planned Development District.
Andrew Chmar asked what this meant in
terms of process? Town Attorney Doyle
responded saying that the environmental review is complete. Mr. Chmar then asked if the public comment
received in February concerning alternatives and age restriction is
incorporated in this document? Town
Attorney replied stating that many of them were incorporated.
Supervisor Mazzuca interjected that he
is a little uncomfortable adopting this in August when many residents are on
vacation. The Town Board consensus was to address this matter at the September
meeting.
Andy Chmar suggested that this Notice
of Completion be posted on the Town’s website, as it notes that the FEIS can be
viewed on Tim Miller Associates website for the publics review.
RESOLUTION#214-05
The following Resolution was presented
by Councilwoman Budney, seconded by Councilman Shea and unanimously carried;
RESOLVED, that the Town
Board hereby tables adopting the Notice of Completion of the Final
Environmental Impact Statement for the Quarry Pond Planned Development District
until the September Town Board meeting.
22. Code Administration’s Monthly
Report.
Town Clerk Merando read the monthly
report.
23. Award bid for exterior painting of
the Highway Garage and Office Trailer to Garrison Restoration Services, Inc.,
of 395 Sprout Brook Road, Garrison, New York, in the amount of $17,250.00.
Councilman Hosmer stated that all rust
spots and minor repairs, and caulking would be part of this project.
RESOLUTION#215-05
The following Resolution was presented
by Councilman Hosmer, seconded by Councilwoman Budney and unanimously carried;
RESOLVED, that the Town
Board hereby awards the bid proposal for the exterior painting of the Highway
Garage and Office Trailer to Garrison Restoration Services, Inc. of 395 Sprout
Brook Road, Garrison, New York, in the amount of $17, 250.00.
24. Resolution authorizing the release
of funds from the “Park Land Trust Fund Monies” to cover engineering and legal
expenses connected with the Recreation Master Plan.
Supervisor Mazzuca stated that the Town
Board met with Claudio Marzollo last night and has scheduled another meeting
with the Recreation Commission on August 15th to further discuss
this matter.
RESOLUTION #216-05
The following Resolution was presented
by Councilwoman Budney, seconded by Councilman Shea and unanimously carried;
RESOLVED, that the Town
Board hereby tables authorizing the release of funds from the “Park Land Trust
Fund Monies” to cover expenses connected with the Recreation Master Plan until
the Town Board meets with the Recreation Commission.
25. Glen Watson requesting the Town
Board to consider adopting a resolution with regard to Alternate Road Standards
on behalf of his client Carlson Construction Management, Inc.
Glen Watson explained that Carlson
Construction Management is a proposed subdivision on Torchia Road. He noted that there are eleven conditions
within this resolution.
Supervisor Mazzuca stated that one
issue of concern was the maintenance of the bridge. Mr. Watson assured the Town Board that this is clearly addressed
in the resolution. He then reviewed
portions of the resolution, which refer to these concerns. He noted that the resolution also addresses
the length of time the bridge would be closed during the reconstruction.
Town Attorney Doyle explained that this
resolution is approving and accepting the proposed alternate road standards
presented by Mr. Carlson, the applicant.
Subject to the following conditions; Glen already reviewing the main
conditions, the others are:
·
there would be no extension of the approved road without
further approval by the Town Board and Planning Board.
·
The applicant will comply with all other requirements of the
street regulations and land development regulations of the town, except the
Planning Board can waive the phasing requirement to allow the filing of a
single map showing both the road and the open development area road.
·
Applicant will install appropriate traffic control signs
within the subdivision and will make appropriate arrangements in the
declaration or maintenance agreement for maintaining them.
·
Approval of the proposed reconstruction of the intersection
of Torchia Road and Route 9 by DOT.
·
Resolution of any outstanding engineering issues to the
satisfaction of Bibbo Associates (the firm that reviewed the road and bridge
construction for the town).
·
Applicant submits as-built plans on completion.
·
The approval of Alternate Road Standards is contingent upon
the applicant obtaining Planning Board approval and all other necessary
approvals for a five-lot subdivision.
·
Planning Board shall require a bond for other adequate
financial security to insure that the improvements approved and to be
constructed will be constructed within 24 months for the final Planning Board
approval for the five-lot subdivision.
The form of the amount of such bond or other security shall be subject
to Town Board approval. Note: It will be set by the Planning Board, but
will come back to the Town Board for approval of the form and the amount.
·
The improvements will be built in accordance with the plans
and specifications set forth.
Supervisor Mazzuca stated that when
first approached about this, there were some concerns, but the Town Board also
recognized the opportunity to see the construction of a bridge that would
increase the safety issues that had faced that area for years.
Michael Gibbons asked if this
resolution requires all of the neighbors to sign the maintenance
agreement? Glen Watson interjected that
it requires that all the five-lots subdivision owners join; the others have
been given the opportunity to join and have been asked. Mr. Gibbons announced that next Thursday,
the Planning Board is conducting a special meeting to address the type of
bridge that will be constructed at that site.
He noted that the Planning Board has asked the engineers to come before
them for clarification of the bridge specifications.
RESOLUTION #209-05
The following Resolution was presented
by Councilman Shea, seconded by Councilman Hosmer;
25.
Schedule upcoming workshops/meetings.
August 15,
2005 Recreation Commission 7:30
p.m. Town Hall
August 16,
2005 Cooper 7:30
p.m. Town Hall
August 24,
2005 PH – Road Improvement 7:30
p.m. Town Hall
Assessment Rolls
Valley Lane
Mountain Drive
Knox Lane/Brant Terrace
September 7,
2005
Pre Board 7:30
p.m. Town Hall
September 8,
2005 Monthly Town Board 8:00 p.m. Town Hall
RESOLUTION
#217-05
The following
Resolution was presented by Councilwoman Budney, seconded by Councilman Shea
and unanimously carried;
RESOLVED, that the Town Board hereby re-schedules the Monthly Town Board to
September 8, 2005, at 8:00 p.m., at the Town Hall, 238 Main Street, Cold
Spring.
AUDIENCE
Anthony
Merante asked the Town Board to avoid scheduling the Town Wide Cleanup on
October 8th, as the Village of Nelsonville will be celebrating their
150th Anniversary on that day.
Mr. Merante
informed the Town Board that the air-conditioning unit at the VFW is in need of
servicing; the unit is very noisy, making it difficult to hear the audience at
the Planning Board meetings, as well as interfering with the video quality.
VACANCIES
Recreation
Commission (2)
Continental
Village Advisory Committee (1)
APPROVAL OF
VOUCHERS
Councilman Shea made a motion, seconded by Councilwoman Budney and unanimously carried that the General Vouchers in the amount of $112,203.85 are hereby approved as set forth in Abstracts 7A and 8.
Councilman Hosmer made a motion, seconded by Councilwoman Budney and unanimously carried that the Highway Vouchers in the amount of $16,221.81 are hereby approved as set forth in Abstract 7.
Councilman Shea made a motion, seconded by Councilman Hosmer and unanimously carried that the Continental Village Park District Vouchers in the amount of $25,773.85 are hereby approved as set forth in Abstract 7A and 8.
Councilwoman
Budney made a motion, seconded by Councilman Hosmer and unanimously carried
that the Continental Village Water District Vouchers in the amount of $1,927.02
are hereby approved as set forth in Abstracts 7.
There being
no further business to discuss, Councilwoman Budney made a motion, seconded by
Councilman Shea and unanimously carried that the Town Board Monthly Meeting is
hereby adjourned at 9:40 p.m.
Respectfully
submitted by,
Tina
M. Merando
Town
Clerk