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Putnam Valley Town Board Reveals Compassionate Side on Several Decisions
by Edward Paul Greiff
On several occasions during its August 8, 2007 Work Session meeting the Putnam Valley Town Board was challenged to make a compassionate decision as residents came before them asking for their help. Lawyers argued their clients' cases, sometimes individuals argued their own case. But in each situation it involved a judgment call on how the applicable Town Code was to be interpreted.
The first situation involved Mr. and Mrs. Brady, their two very young children, and the Town of Putnam Valley. Everyone knows how difficult it is to build a house in Putnam Valley because of its challenging topography and a Town Code with stringent requirements and numerous restrictions. But, when errors in the process occur it can become a nightmare.
Such is the nightmare the Bradys found themselves in when they went to apply for a building permit to build a simple single family house on their newly-purchased parcel of land on Peekskill Hollow Road. The Town informed the Bradys that they could not build a house because the property was zoned commercial even though they were in a Residential R-3 District.
Apparently someone in town labeled their property commercial because everything surrounding it is commercial except for three parcels. The Brady's attorney pointed out that for a year and a half they have been trying to get the situation corrected so the Bradys can have a home to live in. When they started they only had one child, now they have two.
Town Attorney David Gordon wanted to wait until the Master Plan revisions are approved, which will make all three parcels residential, before deciding on the Brady case, but he was overruled by the Board who compassionately will see to it the Bradys get their wish.
Next on the agenda was Sheryl Michener, who was seeking tentative approval for what will eventually be an over-3,000 foot road on her 110-acre subdivision of approximately 4 or 5 houses. Her property is at Woods End Road. Councilmen Ricci and Tendy said they would gladly go out to the property and look at it but they don't think she will have a problem.
David Steinmetz, attorney for Mr. Santucci and the Emerald Ridge project appeared before the Town Board to clear up some last minute details. One of those details was to clear up any ambiguities that might exist as to the exact disposition of the thirty-one acres Mr. Santucci is donating to the Town for passive recreation purposes. The three attorneys present, Steinmetz, Gordon, and Tendy all agreed that the term "passive recreation" can be interpreted to mean many different types of non-motorized uses. Supervisor Davis would like to keep the Town's options open, but they all agreed that they do not want to see trees cut for ball fields. A tree cut here and there to make a hiking trail would be permissible. Attorney Steinmetz said he would prepare a Deed for the property to be tendered to the Town and if changes need to be made he would so.
It's not easy to throw an attorney off track but when Councilwoman Priscilla Keresey called David Steinmetz, David Wright, he could no longer contain himself and burst into laughter. It was just the laugh that everybody needed.
Mr. R. Bloomer presented an explanation to the Town Board asking their support for a bill presently before the State Assembly titled "Apprenticeship Legislation Bill #5355-A." This Bill was born out of a need for better trained and more safety conscious construction workers after a recent scaffolding collapse accident because the worker did not lock the scaffold wheels.
"The Bill is a win-win situation for both union and non-union workers, construction companies, and municipalities seeking bids," he said. Now a construction company must pay all of its workers Journey- wages. Under the new law the company must have an apprenticeship program. This enables the contractor to pay his men accordingly, reduces his costs and enables him to lower his bid price which in turn enables a municipality to secure construction services at a lower cost. Everyone wins but above all it provides for safer, better-trained workers.
Ron Cummings and Joe Marro provided the Town Board with an update from the Putnam County Traffic Safety Board chaired by Sheriff Don Smith. Traffic speed and poor road visibility are causing many accidents. Between the Sheriff's Department, Fire Department, and Ambulance Corps they are gathering better statistics to help identify trouble spots and possible ways to help prevent an accident from happening. Signs are being moved for better visibility. Brush is being cleared for better visibility. Speed signs are being posted. But as Highway Superintendent Earl Smith says, "I can post the signs but it is up to the individual to obey them and be courteous to the other driver on the road."
Before this work session concluded Councilman Dan Ricci proposed a strategy for how to present the Comprehensive Master Plan final draft to the public at next Wednesday's Town Board meeting on August 15, 2007. They agreed to schedule a Public Hearing and continue the public hearings for as long as necessary.
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