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State Approval of HV Preservation Fund Act Discussed at Philipstown Town Board Meeting
Town considers Tobacco Resolution, prods County on Fishkill Road realignment
by Maria Theodore Leiter
The regular monthly meeting of the Philipstown Town Board followed a "housekeeping" public hearing that took place regarding an amendment to the date of the Zoning Map that had been previously adopted by the Town Board.
Following the hearing, the Town Board entered a closed-door executive session before the regular meeting to discuss ongoing litigation regarding the Butterfield Library. No action was taken at that session, according to Town Attorney Edward Doyle. Although not discussing the details, Supervisor Mazzuca told the PCN&R later that the Town has requested that the courts hold off on decisions while the Town and the Library try to reach some agreement. However, he did not seem to hold out much hope for a quick solution.
The regular meeting consisted of a short agenda. First up, Girl Scout Jennifer Walsh was recognized with an honorary resolution for receiving the Gold Award for Girl Scouting.
Ms. Walsh coordinated an effort to collect donations of clothing and toiletries for use in comfort kits for victims of violence. Working with Victim's Assistance Services, she distributed 100 such kits. She also organized a "Choice is Yours" Junior Girl Scout badge workshop teaching younger girls the importance of making healthy decisions in their lives.
Although he was used to giving such awards out to Eagle Scouts, Supervisor Mazzuca said, "It may be the first time we are able to do it for a Girl Scout. People who say we are in trouble for our future; I think this is an example that maybe that's not so."
The Board was next addressed by Anthony P. Massarelli, a representative from POW'R (Putnam, Orange, Westchester and Rockland) Against Tobacco Coalition regarding an initiative to encourage local retailers to sign a pledge to reduce or eliminate tobacco product advertising on their premises.
The businesses are not being asked to stop selling the product, the initiative is aimed at reducing the instances in which the area's children and young adults are exposed to tobacco advertising.
Putnam Valley and Patterson have already adopted this resolution, said Massarelli, and so far two convenience stores, Anthony's Deli in Mahopac and Arthur Ave Deli in Carmel, have agreed to reduce or eliminate their tobacco advertising. Along similar lines, this past year, two Cold Spring restaurants, Cathryn's Tuscan Grill and the Cold Spring Depot, signed on to the previous initiative agreeing not to host tobacco events at their restaurants. They were recognized with large ads in the PCN&R.
Mazzuca said that the Board would review the resolution and take it under consideration for a later date.
Philipstown resident Russel Cusick addressed the Board regarding what he considers to be lax environmental controls on development in the area, particularly in the area of wetlands. His concerns led him to submit a written request for the creation of an ethics board, which he divulged this evening was denied by the Town.
"I'm not looking to cause problems for anybody," he said. "I am not a guerilla environmentalist." He said that living on East Mountain Road North he has seen some things that "horrified" him. He bemoaned the shape of the streams in the vicinity, saying that every time it rained, silt and gravel from the roads are being washed into streambeds. He added that he believed Philipstown lacked the infrastructure for what he sees as out-of-control development.
Referring to a property Cusick highlighted as a potential violation of stream set back rules, Councilman Richard Shea, who is a neighbor of Cusick's, said that the home in question was given a variance because the foundation was poured and the plans approved before the rules went into effect in 1993. "He went through the process," said Shea, adding that the wetland inspector and the CAC have visited the site. He agreed that it wasn't ideal, but that the Town could not deny people their right to use private property.
Shea also pointed out that the issues with gravel are to be expected given the number of dirt roads that exist in Philipstown.
Mazzuca, responding to the letter that Cusick sent to request he be placed on the agenda, took the opportunity to outline some of the ways in which his administration has taken on environmental issues. Among a long laundry list, he pointed to the adoption of the Wetlands Law and the creation of the Roads Advisory Committee to report on issues related to road safety and drainage. Under the tenure of Highway Supervisor Roger Chirico, Mazzuca said that roadway drainage has become a priority, with spending on road maintenance and drainage increasing dramatically over his predecessor. "Our dirt roads are better than they used to be."
Philipstown resident Susie Gilbert joined the conversation, alleging that when environmental violations occurred, environmental summonses were rarely given out. She asked for an update on the discussion to hire a full time environmental officer to deal with just that. Mazzuca said that the Town was discussing the possibility of hiring an environmental engineer, but how that position would be implemented was still not settled.
Cusick also asked when the CAC was going to be turned into a board, as was previously discussed. Andy Chmar, who serves on the Comprehensive Plan Environmental Implementation Committee, offered an explanation. He said that the Town was in the process of completing the transition. Currently, the CAC was in the process of completing their review of the Natural Resource Inventory, which is a required step before they can apply to become a board. Once that is done, it will go through the meeting process and be approved first by the CAC, then by the Town. Then there will be a hearing process.
Chmar also updated the Board on the progress that was made in Albany regarding the Hudson Valley Community Preservation Fund Act. The act is designed to allow local communities raise funds through transfer taxes for the purchase of Open Space or sensitive lands. Chmar reported that Senator Vincent Leibell and Assemblywoman Sandy Galef have gotten passage of a bill by both houses of the New York State Legislature. The bill now awaits the signature of the Governor. Once the governor signs it, municipalities in Putnam and Westchester can put forward ballot initiatives to decide whether to implement the transfer tax. Assuming Governor Spitzer signs the bill, the soonest that a referendum can be anticipated would be for the November 2008 election.
The tax would be paid by the buyers of real estate and would be set up on a sliding scale according to property value, with any property under the median home price being exempt.
Mazzuca introduced a resolution regarding the long planned realignment of Fishkill Road. It is a non-binding resolution requesting that the County provide the Town with a date certain for the start and anticipated completion of the project, which has been under design since 1997. The resolution was unanimously approved.
The Board also unanimously approved a resolution awarding the bid for electrical work at the Garrison Landing Water District to Pidala Electric. Shea said he was pleased that a local company's bid came in lowest, as it would expedite the process.
The Board approved a resolution for a Parade Permit for the Michael Shortell Memorial Scholarship Fund that will be held on September 8, 2007. They also waived the permit fee. They also approved the establishment of an escrow account of $7,500 for cell tower consulting in anticipation of a contract with Verizon.
Following the agenda items, local businessman and coach, Tony Percacciolo addressed the Board about an issue he is having with his land on Route 9.
"I have a problem with the Wetlands Inspector," he said, relating a story counter to the claim made earlier by Gilbert. However, both Gilbert and Cusick had already left the meeting. According to him, Inspector Tom Monroe issued a summons over the closeness of his 'working' dirt piles to a stream. Percacciolo said that the piles have been there for thirty years. He was working on cleaning up the land, which was formerly a strip mine, but that he had no current plans to develop the property. He said that he was in his busy season and he did not have time to keep making court dates and meeting with Monroe. Shea said that he would speak to the Wetlands Inspector.
The next meeting of the Philipstown Town Board will be held on August 2 at 8pm in the Town Hall.
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