|
Cold Spring Village Board Hears from Chairmen of ZBA and Planning Boards
Suggestions on finding solutions to problems considered
by Kevin Foley
The Cold Spring Village Board of Trustees stuck its collective toe in the potentially turbulent waters of zoning and planning issues before an audience of only three people at its weekly workshop meeting on Tuesday, January 15, 2008. The wide-ranging discussion was a harbinger of the civic engagement to come as the Comprehensive Plan Special Board moves towards its goals of a new master plan for the village.
Acknowledging, "There will other issues down the road", Mayor Anthony Phillips led the discussion using memos from the chairs of the village Planning Board and Zoning Board of Appeals. The Mayor had asked the chairmen to address issues to the Trustees that represented concerns stemming from only current or recent matters before the boards.
Zoning Board chair Donald MacDonald sent a list of a dozen problem issues along with suggested solutions, many of which were of sufficient complexity to have the Trustees determine they should invite MacDonald to another workshop meeting to further explore them.
MacDonald's memo began with the zoning code's definition of a cellar wherein he stated that "by altering grades, raising first floor level way above grade it is possible to get an extra story of living space and still be within the 35ft. height requirement." The solution he stated was that if the basement is used as habitable living space as defined by the code then it should count as a story. "All other zoning codes I use have this," MacDonald wrote.
Trustee Seth Gallagher wondered if this was really a problem, while Trustee John Teagle expressed concern over any effort to exceed building height limits. They both agreed with Trustee Karen Dunn that better understanding the nature of the problem and how and why other building codes addressed it required further discussion with MacDonald.
The trustees had the same reaction to the issue of defining a half story wherein MacDonald wrote it was possible to insert shed dormers in such a way as to create a full story while still within the legal definition of a half story. Karen Dunn explained this involved the code's limitation of two and a half stories or 35 feet in height. "In effect, if you allow a top floor to become a story it involves fire code issues like sprinklers and other things," she said. The trustees thought MacDonald's proposal to limit the ceiling height of a half story in relation to the floor area below required further illumination by him.
Next MacDonald recommended that the code be updated as to the definition of home occupation to reflect contemporary lifestyles including working at home. John Teagle seemed to express the belief of the others when he said, "we could schedule an entire workshop just on this issue."
The issue of requiring corner lot setbacks in commercial districts as they are now required in residential ones seemed something the trustees could get their arms around. "That makes sense to me," said Trustee Edward Mancari with the others appearing to agree.
The next two items involved the perennial issue of parking space requirements involving apartments and multi-family dwellings as well as professional offices. The recent village survey by the Comprehensive Plan Special Board identified parking as the number one concern of village residents
"This has to be looked at carefully," said Dunn who referred to the example of a business that may have needed only a few spaces when it opened but had grown considerably over the years with much more parking space demand as a result. "The problem is how do you balance the needs of a business against the finite amount of parking?" she asked.
"This could be a problem for businesses all along Main Street," agreed John Teagle.
Seth Gallagher pointed out that there were different ways to count how many spaces a business might require and they would have to be considered in future deliberations.
Mayor Phillips recalled that in prior discussions of possibly using the vacant Marathon site on Kemble Avenue for parking it was suggested businesses be able to use spaces there as part of their parking count in obtaining necessary approvals.
The next several issues all revolved around issuing variances for special uses on property in different zoning areas and in particular the question of whether such matters as front yard setbacks should be subject to yearly renewal requirements. The general recommendation from zoning chief MacDonald was to remove area variances from yearly renewal.
The trustees generally agreed with the point that many variances shouldn't have to be renewed every year but expressed concerns as to whether all special uses could lumped together. "Some special uses are permanent, some are temporary," said Seth Gallagher.
Others were concerned about people obtaining variances and not acting on the special use allowed or whether such matters as parking should continue as yearly renewals.
The trustees easily appreciated the suggestion by MacDonald that the ZBA have the power to require escrow funds in cases where the board needs consultant services to evaluate an application rather than have the village bear the costs.
Mayor Phillips indicated Village Attorney Steve Gaba saw no problem with such a change adding that a public hearing would be needed. Karen Dunn urged, "We agree to get a draft resolution and proceed to a public hearing." There were no objections.
The zoning recommendations also contained a proposed language revision to more adequately account for a few land parcels that fall across different zoning designations. In addition, the ZBA proposed adopting a new village map that incorporates changes made in 2004 without the questionable parcels for which it reverts back to the district map of 1973.
The ZBA would also add to the code a document entitled: Table of Dimensional Requirements, which collects all the various zoning district dimensional requirements of the code and organizes the information on one page.
"The table and map would make it easier for people to apply to the ZBA, it should be no problem to make this change,' said Karen Dunn.
The trustees had an easier time considering the issues raised by Ransom Taggart, chair of the Planning Board. Taggart said first his board wanted to see "a prohibition on adult shops within 1,500 feet of all playgrounds, schools, nurseries, churches, synagogues etc."
All the trustees seemed amenable to such an idea. Trustee Teagle expressed concerned about the definition of such an entity, while Seth Gallagher said there must be boilerplate language available from other jurisdictions. Mayor Phillips quipped that he couldn't imagine how such a business could still be in the village if it couldn't be within 1,500 feet of all the mentioned institutions.
The planning board's request for a $5,000 escrow requirement for site plan reviews in addition to subdivision reviews also fell on the supportive ears of the trustees. Karen Dunn urged that Village Attorney Gaba be asked to review the language and that a public hearing be scheduled without objection from her colleagues.
The trustees also appeared to agree with the planning board's request that the present threshold of 5,000 square feet for site plan review be eliminated to allow board review of all site plan applications in B1 and B2 districts.
In a more general discussion, trustees voiced individual concerns regarding village quality of life issues. Karen Dunn raised the problem of restaurants increasing available seating with outdoor dining without an increase in parking spots. Declaring it as another example of state mandates causing local problems, Mayor Phillips spoke about patrons of taverns smoking outside the establishments in the wee hours of the morning disturbing nearby residents.
Seth Gallagher heralded the improvement in the village recycling program as a definitely positive development to which all agreed. Before moving into executive session to discuss personnel matters the trustees allocated $1,350 to the federal court toward settlement of a court case involving the constitutionality of the village sign code and $11,000 for a humidifier for the water treatment plant.
Providing local news, information and opinions from
Philipstown and Putnam Valley, NY
Encompassing the Villages of Cold Spring and Nelsonville,
and the hamlet of Garrison, Putnam County, NY.
This site is a publication of The Putnam County News and Recorder, the source for news and information of the Philipstown
and Putnam Valley area. The PCN&R is 139
years old, published in hard copy every Wednesday, and circulated throughout Putnam
County, NY.
The PCN&R prints LEGAL NOTICES
for: Putnam County, The Town of Philipstown, The Town of Putnam Valley, Village of Cold Spring, Village of
Nelsonville, the Haldane Union Free School District and the Garrison Union Free School
District.
Deadline for printed press releases, advertisements and classifieds is Monday at noon for
Wednesday publication. This site is updated on an as-needed basis with a minimum update
weekly on Thursdays. For further information or to request a subscription to the paper, please
contact us with your name and mailing address at:
(845) 265-2468 PO Box 185, Cold Spring, NY 10516, or e-mail us at editor@pcnr.com
If you see an advertiser on line, tell them! | 
