The Philipstown Town Board held a Public Hearing on the above date and place at 7:30 p.m. to consider comments for/against the Proposed Comprehensive Plan.

PRESENT: William Mazzuca Supervisor

Betty Budney Councilwoman

Al Hosmer Councilman

Richard Shea Councilman

David Brower Councilman

Edward W. Doyle Town Attorney

Joel Russell Consultant

Supervisor Mazzuca introduced the members of the Comprehensive Plan Special Board (CPSB). He acknowledged the dedication and time that was involved to compile the Proposed Plan that is before us this evening.

Joel Russell, Consultant to the Comprehensive Plan Special Board explained that this process began in 2001 at the 2020 forum. There has been a long period of public input into this process and a series of meetings. The CPSB was appointed following that, taking the results of the community forum and formulating them into the first Proposed Comprehensive Plan of March 1, 2004.

He explained that the plan is in four (4) parts. The first chapter is the background; (history of the town) and some of today’s issues. Chapter Two focuses on the direction the town wants to go, our goals and strategies. And Chapter Three, the implementation action, which determines how the Town can achieve its goals. Following the three chapters are a series of appendices, which go into more detail about various subject matter; noting that various committee members developed these.

This document is a community volunteer effort, the appendices were written entirely by the volunteers. Mr. Russell explained that he assisted with the first three chapters, trying to achieve a short and readable document. The purpose of tonight’s meeting is to give the residents another chance to voice their comments. On July 9, 2004 the CPSB turned over the proposed plan to the Town Board, and tonight the Town Board will receive comments prior to taking any action on it.

He further explained the Comprehensive Plan doesn’t really make anything happen until some kind of zoning amendments are passed. The Town Board has decided to wait until there are some zoning amendments in draft form to consider this plan. Some of the items addressed in the Comprehensive Plan are vague, and will become more detailed.

Mr. Russell noted that an Implementation and Zoning Advisory Committee have been established to develop the Zoning recommendations. He assured the pubic that there would be at least one, if not several more points of public input before the Town Board formally adopts the Comprehensive Plan. This document will be kept in front of the public, it is after all, an evolving document and public input will insure that this is what the town wants for the future. Following the first public hearing held by the CPSB many comments were incorporated into the revised plan and the Town’s goal is to continue.

Supervisor Mazzuca announced the members on the Implementation Committee as well as the Zoning Advisory Committee they are as follows:

Implementation Committee:

Richard Shea – Chair

Susan Bates – Co-chair

Chip Allemann

Nat Prentice

Kerry Meehan

Robert Rhodes

Jerry Rubino

Randi Schlesinger

Andy Chmar

Zoning Advisory Committee:

Ande Merante

David Brower

Glen Watson

Al Hosmer

Supervisor Mazzuca opened the floor for comments.

A member of the Audience asked how public comments are incorporated into the Comprehensive Plan?

Supervisor Mazzuca explained that comments are made at a public hearing or residents may submit written comments. All comments are then reviewed and considered. He noted that this is a draft that has been submitted to the Town Board. The public hearing process begins tonight.

Sigmund Ferber asked if a target date has been set for the implementation of the Comprehensive Plan?

Supervisor Mazzuca explained that it’s hard to give a specific date because its not like we’re going to wait until all ten things are together. Getting all the zoning together and then start passing laws to get them on the books are things that we will do as the process moves forward. There are some things that the Town Board can’t wait for.

Sigmund Ferber asked if the Town is going to phase things in gradually?

Supervisor Mazzuca stated that, that would be the process. When the Town gets to the zoning aspect of this plan, it will be a difficult task. This portion of the process will take some time. He noted that there are things that can be accomplished rather quickly.

Councilman Shea added that it has been broken down to short and long-range goals. The Implementation Committee has conducted one meeting so far and they have outlined goals and members of the committee have taken on assignments to work on for the next six months. During or following those six months the assignments will be refined and implemented into the plan. He noted that the first meeting was focused and productive.

Councilman Hosmer announced that there has been one meeting of the Zoning Advisory Committee, and the task before us will be a difficult one.

There will be drastic changes in the zoning regulations for the Town.

Joel Russell added that the Plan is an action oriented plan, Chapter Three is a list of recommended actions of both short and long-term goals. The plan is designed to get things done, not becoming a document sitting on a shelf. He pointed out that since the Town Board has already moved forward and appointed an Implementation Committee indicates how serious they are in getting the job done.

Councilman Brower speaking as a member of the Zoning Advisory Committee stressed that the plan is being used as a guide in drafting zoning changes to implement the plan. He also reiterated that every proposed zoning change would be subject to a public hearing.

A member of the audience remarked that the first three Chapters of the Plan were approachable, simple, crisp and understandable. He also suggested that published legal notices also include a layperson’s interpretation. He went on to say that in other communities any subdivisions, building plans, etc. are posted at the proposed site with a detailed map; with the objection of keeping the community informed and would like this comment considered in the Plan.

Cathy DiSalvo questioned whether or not the Town Board has already adopted the comprehensive plan. She felt that since the Zoning Advisory Committee and the Implementation Committees have been formed; it seems that the Town Board has already directed that those two committees start to address the points made in the proposed plan.

Joel Russell asked if Mrs. DiSalvo’s question related to the sequence and timing. And asked Ms Disalvo if the Town Board is starting to move forward with implementation of the plan? He noted that the Town Board has not formally adopted the plan?

Councilman Brower interjected that there are certain things that need to be done, whether the Town Board adopts the plan or not. Noting that they are using the plan as a guide to review some of the existing zoning regulations.

Joel Russell added that the Plan is fairly general; one of the concerns that he had heard over and over again is; what good is it to have a plan if nothing happens with implementation within a year, two or more. It is very common for a community to go through all the trouble of adopting the plan; then they begin the implementation of the plan that could take a few more years to complete. He noted that this plan is not significantly different from the “Master Plan” adopted in 1991. The basic direction of it hasn’t changed; some of the things that have changed are the specifics. He noted that none of these specifics that the Implementation Committee is working on would not formally be adopted until the plan is formally adopted.

He further explained that when you are trying to work out the specifics, sometimes what you said in the plan isn’t exactly right and modifications need to be made to the plan. This gives us the opportunity to work between the plan and implementation achieving a consistent workable plan and regulations.

Councilman Shea reported that the Implementation Committee started out with a fairly broad sense and he agrees with Joel; If we don’t move on things concurrently, we’re going to jeopardize the momentum and never achieve the Town’s goal. Councilman Shea added that they are assuming that at least some of this document will be implemented.

Councilman Shea went on to say that some of the things that the Implementation Committee reviewed were sections that the members would like to work on. He thought that a hydrological study and recreational opportunities for the Town were two important things.

They’re not talking about sweeping changes to the law, in so far as implementation, however, are discussing suggestions that have been made over the past three years, from community members. Responding to Ms DiSalvo’s concerns he asked that if she has a specific concern, it might narrow it down a little bit.

Ms DiSalvo continued to express her concern that the Town Board has already accepted the plan. Councilman Shea stated that it is still laying groundwork at this point; so at the time that sections get adopted, the Town Board will be ready to move on a specific area.

Councilman Shea stressed that implementation of this plan will go forth in many phases. Supervisor Mazzuca added that one of the suggestions in the plan is that the Town vigorously pursues taxation of State owned land in Philipstown; which has already been accomplished. Should we not have done that, because that’s part of the plan, he asked Ms. Disalvo.

Ms DiSalvo then stated that there are serious zoning changes that effect properties in Philipstown; and you’ve started to work on them, your accepting the points in the comprehensive plan. Supervisor Mazzuca responded saying that the public shouldn’t mix the Zoning Advisory Committee with the Implementation Committee, their two different things.

Joel Russell stated that he believes that Ms DiSalvo is raising an objection to moving forward on implementation before the plan is formally adopted. This concern is heard by the Town Board and is considered one of the comments of tonight’s Public Hearing. He stated that he believes that an equal or greater interest to the Town Board would be to know what parts of the plan Ms DiSalvo is concerned about. Noting that this is the type of input that this hearing is for. The Town wants to know if they move forward with a particular recommendation in the plan, what is your concern about it.

Michael Gibbons directed his comment to Ms DiSilvo explaining that three years ago, the Town Board indicated that there would be changes to zoning regulations as needed. He explained that currently he sits as a member on the Planning Board. The Planning Board is reviewing Steep Slopes and Planned Development Districts; this is a normal course of action to move forward. He stated that he understood Ms DiSalvo concerns, however, there are certain aspects of the plan coming forward.

Supervisor Mazzuca assured the audience that the Town Board is not ready to formally adopt the plan. Public comment is still needed as well as zoning regulations etc., before this will be completed. In so many words

this plan is the direction the Town wants to move; now it’s time to hear from the public and get their input.

He also pointed out that the Town has been changing zoning laws when needed, the Town didn’t want to use the plan as a crutch in moving forward with needed zoning changes.

Ande Merante also commented that when the Zoning Review Committee was formed a few years back, many needed changes were realized; and the Town has revised zoning changes as a result.

Councilwoman Budney reiterated the fact that any “zoning changes” require a public hearing.

Joe Giachinta’s concern is Route 9; the study indicates that the Town wants to establish buffers and higher standards of building. He went on to say that in the past few years the Town Board and Planning Board have established stringent building design codes and he would hate to see the design codes get tougher. He also mentioned lot sizes and setback requirements for parcels on Route 9. He would like to see setback requirements reduced; enabling business’ to put everything behind the building and landscaping in the front.

Supervisor Mazzuca commented that this was a subject of discussion with the Special Board, and encroachment on Clove Creek is one of the concerns raised. Later down the road, the Town will determine exactly what is that buffer. There may be places where 100’ would suffice, or 75’, etc.

Mr. Giachinta also raised the issue of allowed uses on Route 9. Councilman Brower stated that having been involved with the Planning and Special Boards some of these concerns were raised. He noted that the Town already has some of these laws in existence. The Zoning Review Committee’s membership includes Mr. Glen Watson who is familiar with buffer zones and building within the Town of Philipstown. He stressed that this committee is obligated to fine tune proposed changes prior to a public hearing.

Supervisor Mazzuca urged the audience to send written comments to the Town Board with regard to the comprehensive plan.

Irene Rofheart expressed her concerns with regard to proposed development in the Garrison area.

Joel Russell responded saying that part of the reason it wasn’t specified in the plan is because that is the next stage. He noted that it may not

happen at all or it may be a very small area. All of the details were intended to be worked out through the process of making zoning changes.

At which point, there will be extensive opportunities for additional public input. The plan is really about whether it’s a good idea to reinforce; and have a little bit more going on in that area of Garrison or not. The plan does come out with it being a good idea. If you have a problem with that and you want to register your objections, do it, or if your just concerned that it may too big of an area or too much density that’s what we want to hear.

Supervisor Mazzuca interjected that originally that was a much larger area then appears in the plan now. Following discussions and public input it was decided to scale down that area. He added that the Town is not necessarily addressing a fifty home development, rather a village center.

A member of the audience (unidentified) asked the status of the development of Quarry Pond; which would contain senior/affordable housing and how that plan fits in with the comprehensive plan.

Supervisor Mazzuca responded saying that the comprehensive plan recommended more of a mix use type of development in that area. He went on to explain that the plan has always been here; the people involved in this development have changed. The proposed project includes senior housing, moderate housing for young families and 28 acres of land that will be used by the Town. He noted that there is no formal plan in place, however, the well and septic testing has been completed.

Supervisor Mazzuca commented that the results that come from holding a public hearing or a presentation generates public comments, offering alternative uses to the Town Board.

Joel Russell commented that once a plan like this is adopted; and the Town is going to make zoning changes, it has to look at those changes and make sure they are consistent with the plan.

Another member of the audience addressed looking toward the year 2020 and how life will change in Philipstown, environmental and health issues to name a few. The plan demonstrates what we are striving for, and will have solutions that are based on inter-municipal cooperation. He referenced Councilman Shea’s comment with regard to a hydrological

study, and fully supports that study. He stated that water supply in Philipstown would be influenced by what happens in Putnam and Dutchess Counties.

He also commented that the quality of life in Philipstown is even effected when you cross the Bear Mountain Bridge and look north at the view shed you can see how it effects Philipstown. He went on to say, that even

though we live in a State that supports Home Rule; we need to be a bit more visionary in crafting the language of a plan to increase inter-municipal cooperation.

Joel Russell commented that this was a good point and it is well taken and pointed out the difficulty under New York State Law to formalize your concerns. Mr. Russell stated that there are provisions in state law for what are called inter-municipal agreements.

A member of the audience: commented that the important part of this is vision; to craft a set of relationships with other municipalities. Again, with the plan, he hopes that the Town moves forward in adopting it sooner rather than later. This plan is very workable; of course, it will have to be adapted over fifteen years. He further stated that the greatest part of the Plan is how it is a public – private partnership. He suggests forming a citizen volunteer group that would divide up the work and keep track of area development, etc.

Ms DiSalvo would like to see that the zoning changes are recommended as a whole instead of pieces.

Supervisor Mazzuca feels that the plan serves that issue well. Obviously, the Town will adopt zoning piece by piece; however, those decisions should be made on the overall plan. He believes that the general response to a change in zoning is that something comes up, so a change is needed. Historically, the Town Board has discovered that once a proposed change is before the public, making that one recommendation effects three or four other things that will now have to be looked at. Hopefully, part of this plan is to get away from that type of an implementation process. He noted that there may be thirty parts to the whole; the goal is not to make changes just because something came up.

Councilman Brower explained that there are streams within the Town that are protected by Wetland Regulations. For instance, on Route 9 and Clove Creek, we’ll put an overlay district there. All it means is that the Town has to be careful what development goes there so we do not

destroy the aquifer. That’s all it is, it will not be a blanket thing that involve all development. He stressed that everything must be fine-tuned.

Joel Russell explained the term “overlay district”, noting that this doesn’t mean it is an area that you can’t disturb. It’s an area that has been identified as being of concern.

Ms DiSalvo continued the discussion with regard to protecting Clove Creek, buffer areas, lot sizes and setbacks.

Joel Russell clarified the Route 9 discussions with regard to setbacks have been about reducing them not increasing them. Comments have indicated that there are shallow lots in that area; and the way it looks it may be better if the buildings were pulled up closer to the road. This would mean there would be more usable land, while protecting the Creek. Those are the kinds of considerations that have gone into the plan and will continue.

Audience member asked for clarification with regard to the term “affordable housing”. Joel Russell stated: “That’s a very good point, but I think it also illustrates the difference of what you put in the plan and what you put in ordinances. There is a definition of “affordable housing” in the plan, but it is a fairly general definition. Later on, the specifics of it; is it going to be 80% of the median, and so on. There are methodologies that are used in many places for determining what we mean for “affordable housing”. Rather than locking it in the plan, I think it is important to give the Town some flexibility as it works out the details as to what exactly it’s going to mean in Philipstown. Responding to the second part of the question is: How do you insure that affordable housing remains affordable. Again, there are many mechanisms for doing that, legal mechanisms, deed restrictions and things of that sort. Which have been used in many places and would have to be used here, otherwise it won’t work”.

Supervisor Mazzuca stated that about a year or so ago, the Town had a presentation on that exact topic, what the legal definition of these different things are. Noting that it is amazing the restrictions the Town can place on affordable housing requirements. He reiterated that zoning regulations will detail the plan; following public comment.

A member of the audience: Questioned how much senior housing, are we talking about and is it going to become affordable senior housing for Philipstown, Putnam County or the Metro area.

Supervisor Mazzuca reported that a study was conducted with regard to senior population in the Town of Philipstown that would qualify for senior housing, although he didn’t have the figures with him.

Councilman Shea interjected that the Implementation Committee spent an evening going over the demographics and have what the demand is throughout Putnam County and Philipstown.

Irene Rofheart (unintelligible)

Supervisor Mazzuca responded saying that the proposed housing at Quarry Pond will be fairly expensive homes.

Irene Rofheart (unintelligible)

Supervisor Mazzuca stated that the Town still doesn’t have a formal presentation on the project. We know what the concept is; however, nothing has been presented to the Town Board. He noted, however, it may be difficult to restrict the proposed housing to only residents of Philipstown. Originally, the Town expressed concerns regarding that we’re losing our young families. We also wanted families that would be involved in the community, i.e. volunteers for the ambulance corps, employees for the school districts and fire companies.

Sigmund Ferber added that to continue this idea of affordable housing, you have to understand that housing is based on market value; and that value goes up and down based on the availability of housing. If your going to deal with affordable, what you are really talking about is a discounted cost to purchase a home. You need to know what the value of a house is; at any given point and time, it’s cost and discounting it 20, 30, 40% to make it more affordable, so a young couple can purchase a house at a lower price and still have the builder be able to turn a profit.

Jonathan Krup representing the Chamber of Commerce stated that they are supportive of the comprehensive plan. He pointed out there is a keen interest of what will take place at Perk’s Plaza, installing a traffic light, type of business’ that may be considered for that area. He pointed out that the membership is also interested in home-based businesses. Finally, he stated that there is interest in what impact the 2020 will have on the Villages of Nelsonville and Cold Spring. Some are worried that some of the recommendation addressed in the document won’t have a strong enough impact on the Village in general.

Joel Russell responded saying that Cold Spring and Nelsonville have separate governing bodies, and operate under separate zoning and .

planning regulations. The way to promote this plan in the villages is to engage those Village boards and Planning Boards and see if there interested in endorsing the plan. He noted that they are separate entities, legally, and have to make their own decisions.

Supervisor Mazzuca reported that the Town Board has had a lengthy discussion with regard to water supply. Another area discussed was tourism, and it benefits and the downside of tourism.

A resident also suggested that a kiosk, or something to that nature be placed at the entrances to Philipstown, which would inform visitors of all that Philipstown has to offer outside the Village. For example, hiking trails, Manitoga, Restaurants etc.

Susan Bates noted that the intersection of Route 403 and Route 9 should be considered for a Welcome Center/Gateway. Supervisor Mazzuca interjected that there had been discussions with regard to identifying the six entrances to the Town.

Joel Russell added that’s an example of the kind of thing that volunteers in town can decide. They make some suggestions with regard to a type of street signs, entryway signs, etc. and when well thought out and presented to the Town, the Board may very well consider them.

Affordable rental were also discussed. Supervisor Mazzuca replied that there are several ways to accomplish this; mother/daughter, businesses, two family homes etc.

A member of the audience commented that he sees two separate directions that counter balance each other. On the one hand the request to encourage (unintelligible) …… At the same time it addresses lowering taxes. Every new person that moves to the community impacts the school. And at a certain point we hit a critical mass and we have to rely on volunteer firefighters. He suggested recreation fees charged to the developers. Supervisor Mazzuca informed him that the Town has such a fee established.

Educational resources are non-existent and a member of the audience suggested “Philipstown University”.

Supervisor Mazzuca pointed out that the recreational programs that are now being conducted are the result of the 2020 Forum and the requests from the public as to what programs they would like to see in Philipstown.

Susan Bates addressed the audience to further discuss mix use; Irene expressed alarm as what might happen if the suggested Garrison Hamlet Center were created. The Special Board suggested that the Town Board contemplates zoning that would allow mix use and relied on John Shapiro’s advise to keep the character of the Town, “Let it Evolve”. The

zoning may change in Garrison so there are setbacks, so things can be closer together, so that there might be foot paths; and the same thing would happen in Perk’s Plaza. Nowhere in this plan did the Special Board

intend to support a development, of any area, but by zoning the Town can encourage this type of growth and development.

Supervisor Mazzuca spoke of the area in Garrison where it is not pedestrian friendly and sidewalks are not provided, so walking from the Post Office to the Deli is done by walking on Route 9D.

Councilman Shea added that this would develop organically; it’s not an active plan.

Susan Bates stated that this would be a median term goal, it would take a lot of time to build consensus and require a lot of community input. It’s an idea that’s out there, and the Implementation Committee certainly has heard the concerns.

A member of the audience commented that the area has already changed with the new market and residents sitting outside; it is organically changing at this time.

Discussion then turned to the States cooperation with regard to the installation of traffic lights. Supervisor Mazzuca explained that there are two areas in Philipstown that the Town had contacted the State for traffic signals, they were both denied. However, there is a proposal to change the intersection on Fishkill Road, (by the County) and it is anticipated that the state will approve that traffic signal.

Joel Russell explained that if the Comprehensive Plan contains language regarding updating a State Highway the state would have to consider it when planning reconstruction. For example, if the Town wants that area to be pedestrian friendly, and install sidewalks or street trees, the State has to consider the Town’s wishes if work is to be done on Route 9.

A member of the audience stated that if the Town were to come up with an ideal vision, and break new ground of community, it would set bench marks, guiding our process over fifteen years. We could have a vision of about how many people and what demographic profile would be in 2020. This would include the annual growth rate guidelines, to manage our

vision. Supervisor Mazzuca stated that when he went to school at Haldane, one school bus brought in all the children from North Highlands. He commented that if bench marks had been set back then many of the talented, community orientated residents would be missing from Philipstown.

Finally, Supervisor Mazzuca stated that whatever the number 12,000, 20,000 or 30,000 residents in Philipstown, it will be better managed by implementing this plan and zoning regulations.

Councilwoman Budney reported that the growth in Philipstown based on the census for a ten-year period was 180. She noted that this doesn’t include summer homes, weekend homes etc. Councilman Shea added that 52% of the property in Philipstown is off the tax roll, and a large majority of that is parkland. He also commented that this plan addresses smart growth.

Councilman Brower stated that zoning has been created, and as we go along with the “smart growth” idea we are protecting (tape change). He went on to say that in the next fifteen years, concerns could be handled through this plan by limiting the areas where building is permitted, also the topography of our town is doing that already.

Ande Merante referenced appendix D of the plan, which gives a summary of data. Some interesting points need to be mentioned; a) ten years ago, Philipstown grew about 4%; b) Cold Spring had no growth and Nelsonville lost residents. We’re among the slowest growth of any community in this area.

Randi Schlesinger noted that the Special Board has initiated a campaign for sustainable development and living. In support of many of the recommendations of the comprehensive plan, it would be helpful if a citizen organization could conduct reverse educational efforts designed to inform the public about the rational behind the various recommendations and about other ways to protect the natural environment and sustain our natural resources. She stated that whatever we do now would effect generations to come. She asked anyone interested in volunteering, to please do so.

A member of the audience asked if there were any funds available through the State or Federal Government to assist in mapping out the Town and it’s zoning overlays and if not, could funding possibly be explored.

Andrew Chmar of Hudson Highlands Land Trust stated that they have GIS data information from a variety of sources along with maps developed

three years ago showing conservation areas. Susan Bates added that Philipstown was the only community in New York that received a Federal Grant for the Highlands Regional Study, and the Land Trust managed the project for the Town and the Comprehensive Plan. In the appendix of the

plan are all the GIS maps. At the conclusion of the project, all the data was incorporated in the Plan. She stated that all the information is available for public review on the web.

Michael Gibbons, member of the Planning Board explained that they have used the maps for some of the applications before the Board. Noting that a lot of the work has been completed and is being utilized.

Andrew Chmar added that this data would continue to be used by the Implementation Committee as an example of the Open Space. When the implementation Committee works on that it would obviously use some of the things that have been referred to tonight, in the development of an Open Space Plan or an overlay. Those would be characteristics that would help define perhaps areas of interest.

Councilman Hosmer noted that the Wetlands Committee also reviews any building that is near any wetlands.

Supervisor Mazzuca urged the audience to submit written comments to be considered in the Comprehensive Plan. The Comprehensive Plan Public Hearing will remain open.

Respectfully submitted by,

Tina M. Merando Town Clerk