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.

 

REVIEWS OF MINUTES

 

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.

 

COMMITTEE REPORTS

 

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

 

 

GENERAL & PART-TOWN FUNDS

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

 

HIGHWAY FUND

Bank Interest                                                    1,214.67

 

CONTINTENTAL VILLAGE WATER DISTRICT

Bank Interest                                                       5.80

 

CONTINENTAL VILLAGE PARK DISTRICT

Clubhouse Fees                                              500.00

Bank Interest                                                   427.05

 

 

AGENDA

 

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.

 

RESOLUTION #181-05

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 #182-05

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 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 #183-05

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 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.

 

RESOLUTION #185-05

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 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.

 

RESOLUTION #189-05

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.

 

RESOLUTION #190-05

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.

 

RESOLUTION #191-05

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.

 

RESOLUTION #193-05

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

 

RESOLUTION #194-05

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

 

RESOLUTION #195-05

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.

 

RESOLUTION #196-05

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. 

 

RESOLUTION #199-05

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