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New Philipstown Law Requires Escrow Accounts for Properties Needing Special Reviews
Proposal to increase number of units, change access plan for Quarry Pond Development District considered
by Maria Theodore Leiter
Property owners who are building in the Town of Philipstown will now have to pony up escrow accounts to cover costs to the Town associated with special arrangements required for their projects. This is according to a new Local Law that was adopted by the Philipstown Town Board at their January 4, 2007 meeting.
Until recently, the Town has paid up front for engineering, legal, architectural, inspection and other costs that might be incurred when building projects run into complications that require additional or unforeseen measures to satisfy town codes, and have gone after property owners to recoup these costs after the projects have been completed. According to Tina Merando, Town Clerk, these fees are often not recovered.
"It is not fair to taxpayers to pay for the development of private property," one person commented during the public hearing on the Local Law that preceded the monthly meeting.
The Board unanimously passed two related resolutions, one issuing a Negative Declaration and another amending Chapter 71-3 of the Town Code to require that applicants that need outside review services put up escrow accounts of $5,000 for Planning Board reviews and $1,000 for Zoning Board reviews.
At the meeting, Town Clerk Merando announced that corrected tax bills had been mailed out that day to North Highland and Garrison Fire District residents. Merando said that the County had incorrectly used the Garrison Fire District budget numbers for NHFD residents and vice versa for the Garrison District.
Merando gave credit to her two assistants in the Clerk's office for expediting the mailings. "Joan [Clauss] and Rose [Bernasconi] really worked so hard to get these out," said Merando.
Mazzuca said that he was concerned about the cost incurred by the Town in mailing the corrected bills and that he would submit a bill to the County for those costs.
M.J. Martin of Hudson Highlands Land Trust addressed the Board with regard to a new light pollution reduction initiative on which the conservation group is embarking.
"Most people attribute the fact that we can't see the stars as well as we used to to urban centers north and south of us," she began. "But, there are things that we in Philipstown can do to reduce the amount of light that pollutes the atmosphere." She explained that one of the major contributing factors was caused by bare floodlights used by businesses and residents. While they are used often for safety, these lamps put out more light than is necessary.
To combat this to some degree, HHLT is recommending that residents and businesses place inexpensive shields over their flood lights that would direct the light down toward the pavement, and cut off the spillover into the sky. As incentive, HHLT will be offering a pair of the devices, which easily clip on over flood lights, to residents, free of charge, along with educational material with additional tips on reducing light pollution and energy consumption. Those interested can obtain them at their office on the corner of Route 9D and Snake Hill Road in Garrison.
In addition, Martin said that HHLT has targeted some Philipstown businesses that they hope to contact in an effort to discuss ways in which they can contribute to a solution.
"We are hoping the town supports us in these efforts," she said. Supervisor Mazzuca suggested that the materials could also be made available at the Town Hall.
Greenway Committee and Planning Board member Mike Gibbons suggested that the Town try to bring Central Hudson on board. He said that he was not pleased with the type of parking lot lighting that the utility company made available to commercial businesses and suggested that they be convinced to offer alternative, less invasive lighting when approaching local commercial entities.
The Board revisited previous resolutions changing the number of members on the Conservation Advisory Council from 5 to 7. According to Merando, after the Town forwarded the resolution that passed in 2006, they were advised by the New York State General Code office that the state agency never received the previous resolution changing the number from 9 to 5. Therefore the Town Board re-issued the resolution to read from 9 to 7 in accordance with the State's latest record.
A hearing regarding a proposed local law amending dumping fines was scheduled for Wednesday, January 10 at 7pm.
"It is just shocking that someone could dump garbage over the bank on Indian Brook Road, but once or twice a year it happens," said Councilman Richard Shea. "Maybe stiffer penalties will stop them."
The proposed change to the law would increase the fines for dumping from $250 and/or not more than 15 days in jail to $1,000 and/or not more than 30 days in jail.
The Board also passed two honorary resolutions recognizing the contributions of two women who recently stepped down from their respective appointments.
"These two ladies have dedicated much of their time and energy to the residents of Philipstown," said Supervisor William Mazzuca.
Ann McConnachie resigned from the Recreation Commission after 10 years. Joan Turner was also acknowledged for her 11 years on the Zoning Board of Appeals.
Following regular business, Mazzuca advised that the Town received a proposal for changes to be made to the Quarry Pond Development District that would change the access to the proposed facility and would increase the number of restricted age housing units from 68 to 80.
"One of the concerns of the project has been the access and the additional traffic on Horton Road," he declared. Under a new plan proposed by developer Wilder Balter, the development would relocate the entrance that would have been on Horton Road. Access would then only involve Route 9 and the existing access on Hustis Road. In addition, the proposal would eliminate the Town's having to maintain the access road, which will now be a private road belonging to the development. The developer has also offered to contribute $150,000 toward the cost of placing a red light at Route 9 and East Mountain Road South, the approval of which the Town would soon seek from the New York State Department of Transportation according to Supervisor Mazzuca.
Chris Giusti, Development Assistant on the project said that the changes, intended to improve traffic flow and safety, would come at considerable added costs to the developer. This fact prompted the request for additional units to help cover those costs.
The Board referred the proposed changes to the Planning Board and the Putnam County Planning Department. The next meeting of the Philipstown Town Board will be held on February 1 at 8pm in the Town Hall.
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