2012-08-29 / Front Page

Donut Debate Flies into Bald Eagles, on Chestnut?

By Tim Greco


Non-board member Judith Rose consults with Cold Spring planners during a meeting last Tuesday.. 
Tim Greco Non-board member Judith Rose consults with Cold Spring planners during a meeting last Tuesday.. Tim Greco On the Cornell Lab of Ornithology website it says, “Look for bald eagles near lakes, reservoirs, rivers, marshes, and coasts. For a chance to see large bald eagle congregations, check out wildlife refuges or large bodies of water in winter over much of the continent, or fish processing plants and dumpsters yearround in coastal Alaska and the Pacific Northwest.”

To most Philipstown citizen’s recollection, a bald eagle has never been spotted roosting on Chestnut Street. Turkey vultures at Butterfield? Now that is another thing altogether.

The Cold Spring Planning Board met last Tuesday night to review the final points of a memo prepared by consulting engineer Robert Cameron of Putnam Engineering regarding the proposed Dunkin’ Donuts at the Elmesco garage and filling station.

As first reported last week on PCNR.com, Chair Joseph Barbaro opened the meeting and read a statement that was mailed to involved agencies to seek their opinion on the Planning Board declaring itself lead agency under State Environmental Quality Review (SEQR)

In a bizarre turn of events, Barbaro read a reply from New York State Department of Environmental Conservation that Elmes must now look into the potential impact his proposed project could have on Bald Eagles and their habitats and the matter should be fully evaluated with the DEIS. For their part, the Elmeses looked amused over the whole eagle issue. The PCN&R spoke to Joseph R. Murray, the envi- ronmental analyst who issued the report to the board, and asked him about the issue at hand. This could potentially be a real hurdle for Elmes as he said the Planning Board could actually require an expert study on the matter and thus delay the process even further. It was unclear how that process would work , but Murray said in part, “this issue could go away under SEQR.” Based on talks with some Philipstown residents, the eagle issue is a moot point.

The memo also called for approval of plans for sewer extensions with the Putnam County Department of Health. Many remaining of the remaining list from Cameron’s litany of points were reviewed.

Perhaps tellingly, Barbaro said he did not want to get into the issue of the drive-through in detail until after the public hearing. “We are glossing over the drive-thru issues for now, but we will come back to them later.”

Ron Lezott, the architect for Kenny and Fran Elmes, was on hand to answer any remaining questions that Cameron had.

It was difficult, at best, for the public to hear some of the comments, as the air conditioning is very loud at the VFW; and a few attendees cupped their ears to listen in.

Before the meeting began, resident and board confidante Judith Rose was in deep conversation with some Planning Board members over “feesimple condos,” a topic in another matter before the board, the Butterfield project. It appeared that Rose had the board’s full attention as in the past—when members have been heard referring to her as “our expert”—although the PCN&R has confirmed that she is not a member of any Village Board or a paid consultant.

Dick Weissbrod raised the question of the color scheme of the proposed Dunkin’ Donuts, and asked if there were other options than the brightpinkand-orange that is associated with the chain. When Lezott replied that headquarters would not consider it, Weissbrod raised his hands and said, “That’s a deal-breaker for me.” However it seemed the proposed color scheme is not much different from the current Elmesco and may possibly be even more subdued.

Throughout, Dunkin’ Donuts neighbor and opponent Judith Rose whispered to the board as she took photos of the plans with her iPad.

After about two hours, Barbaro brought the meeting to a close and stated he didn’t feel there was any reason to meet until the public hearing.

Meanwhile, with all the time and money spent, will it have been an exercise in futility for the Elmeses?

Kenny stated, “I’m 55 years old, I just can’t work anymore, I have been in the community that I love for 25 years, I am a hard working man and no one gave me anything, I worked hard for it. I’ve helped people and have been fair and I have employed local kids for years. If just fifty people come against me at the public hearing, it’s over. I would encourage people with a sense of right and wrong to come out to support me at the public hearing…” He paused and reflected, adding, “I would be elated.”

Fran Elmes said of the possibility of the board denying them a drive-through window: “We will have big problems, since the franchisee only wants the Dunkin’ with the drivethru. We may have to sell the service station at a giant financial loss to some pretty disreputable people who have approached us.”

The public hearing is Tuesday, September 18, at 7:30 p.m. at the Cold Spring VFW Hall, on Kemble Avenue. The Planning Board will then have 30 days to render its decision.

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