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Philipstown To Study Improvements on Rt. 9D North of Cold Spring Village
ZBA revokes DeVido building permits
by Maria Theodore Leiter
With the help of a $5,000 federal grant, a feasibility study will soon be completed to determine what options exist for improving the safety along the stretch of Route 9D from the Village of Cold Spring to the Breakneck Ridge underpass. The study would also look at improving the parking situation at Little Stony Point.
At the April 12, 2007 meeting of the Philipstown Town Board, Mike McKee and Robert Hutchinson of the Hudson Valley Greenway presented the board with resolutions authorizing the Town Supervisor to sign the proposal for that grant and the contract between the Town and the Greenway. The Board unanimously approved both measures.
During his weekly updates of the Zoning and Planning Board meeting, Councilman David Brower announced that the Zoning Board has revoked one of the building permits that were given to developer Alfredo DeVido Architects of New York City for the homes he is building on Foundry Pond Road.
At a recent hearing, the ZBA determined that the applicant should have gone before the Planning Board for site approval for one of his permits because he physically moved a number of cottages located on the property. The Board revoked his building permit and directed the builder to appear before the Planning Board for a review of the plans that included moving the structures.
"The community is thrilled with the decision that this will go back before the planning board for proper site plan development," said David Weinpahl, the resident who spearheaded the effort to stop the developer from building four homes on a three-lot subdivision. Weinpahl and six of his neighbors on Foundry Pond and surrounding roads, filed a Zoning Board appeal and also took their case to the New York State Supreme Court last winter, where they won a temporary restraining order and a permanent injunction to stop the builder from pouring the foundation of a second home. The judge also directed the case to the ZBA.
Contacted by the PCN&R on Monday, DeVido refused to comment except to say that information that has been presented in the paper by opponents of his project has been "full of inaccuracies."
According to Brower, the Planning Board has not yet been contacted by DeVido for an appearance.
The Board also heard from Barbara Feld of Cross Timbers Road in Garrison, who shared her frustration over the continued existence of an apparently discarded boat on her neighbor's lot.
"I am now known in town as the 'Boat Lady'," lamented Feld, referring to her repeated appearances before town officials trying to get them to compel the property owner to remove what she feels is an eyesore that is devaluing her property values.
"We have abandoned litter in our neighborhood," she said. The Board listened to her statement and accepted documents she submitted, but did not comment or take any action.
The Board appointed Richard Goldsand to represent the Town against the Article 78 Petition filed by the Butterfield Library at a rate of $125 per hour.
Andy Chmar of Hudson Highlands Land Trust addressed the Board to explain to the public the Community Preservation Act. The Town Board is currently considering a proposal to request enabling legislation from the State to allow it to consider the imposition of a real estate transfer tax to be used for the establishment of a Community Preservation Fund. HHLT is advocating in favor of the Town taking the step that is necessary before the Town can begin debate on whether or not to impose the tax.
"It gives each town in the state the ability to establish a Community Preservation Fund and raise monies for that fund through a real estate transfer fee that would occur on the sale of any real property within that town," explained Chmar. He pointed out that on Long Island they've raised tens of millions of dollars in this manner, allowing them to purchase a great deal of environmentally sensitive property. Locally, Warwick and Red Hook have sought that special legislation, he said.
If the State decides to grant the legislation, explained Chmar, then the residents of Philipstown could begin to debate whether or not to go ahead and impose the tax, how much to charge and what properties it wished to consider preserving.
Mazzuca said that the Board originally had reservations out of concern that the tax would impose a hardship on young families, which the Town is trying to keep and attract. "We think perhaps maybe we can get around that with a graduated tax," he said, adding that discussions would take place during upcoming workshops.
Jeff Kane, Chairman of the Citizen's Campaign for the Environment, a not-for profit advocacy group for environmental and public health issues, applauded the Town's considering the matter. He explained that the legislation could be written in a way that only homes above the median income for the Town would be affected.
One resident asked, "But, isn't that unfair to establish a tax on homes of a certain value? Shouldn't all citizens share equally in the burden?"
Mazzuca responded that that was the kind of question that would be dealt with once discussions could begin; only if the State were to give it the go ahead.
The Board approved resolutions authorizing the Supervisor to sign the lease between the Town and the Garrison's Landing Association and the contract with the Putnam County Real Property Tax Services for the printing of tax notices. They also approved a measure authorizing a $300 donation to the Nelsonville Fish & Fur Club for this year's Kids Fishing Day, scheduled for May 6, 2007. A resolution to amend the Town Code to change the date of the Zoning Map was referred to the Planning Board.
The Board accepted the resignation of Raymond J. Ferris, Jr. from the Continental Village Water Board Advisory Committee. They also approved the appointment of John Giardiello as Chairman of the Stormwater Advisory Technical Committee.
A resolution authorizing the Town Clerk to advertise for bidders to paint the Town Hall, complete the replacement of the boiler at the Town Hall and for a 5000 gallon water storage tank for the Garrison Landing Water District were all approved.
A public hearing date was set for May 16 at 7:30 for a Proposed Local Law that would amend land development regulations to require property owners to present all plans for subdivisions to the Planning Board. A public hearing date was also scheduled for a proposed law establishing the Office of the Comptroller. Mazzuca explained that this was not a new position, but a renaming of a job that is already in place.
The next meeting of the Philipstown Town Board will be held on May 4 at 8:00 pm in the Town Hall.
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