Friday, September 19, 2014

Property Rights and the Promise of Home Improvement: Our Local Tools ...


If you're a homeowner like me, you love your old house but you don't always have the money or the time to hire professional builders;  You're a kind of handi-homeowner.  You DIY. You share tools with neighbors....you become friends..... it's a nice community.... 

You do things like this little BEFORE & AFTER number... and you feel good about yourself!



BEFORE (needs something...)

AFTER (ahhh......there it is!)

You deal with things like this midwinter's treat and 
you wonder how you ever got talked into home ownership!
OOF!
Destroyed Aquastat (sadness)

Two of the most important tools for us homeowners here in the Village are the Village Code and the Building Inspector.   We rely on the Building Inspector and the Village Code to protect our property rights and the promise of home improvement.


As we know, our Village Code is outdated. In many places it does not reflect our community.  Our Zoning Code is slated for an update with the assistance of able volunteers and funding from NYSERDA.  Our Historic District Chapter is being updated by the Historic District Review Board with the support of counsel specializing in Historic Preservation.

Other chapters in our Code are also in need of updating.  In July the Village Board discussed proposed updates to the Building Construction Chapter 40 of our Village Code.  Chapter 40 defines the Powers & Procedures of our Building Inspector. It authorizes him to enforce the New York State Building Code and our Village’s building regulations, and to issue permits and renewals of specific duration.

At its July 24th workshop the Village Board initiated important discusses to revise Chapter 40 to make sure it reflects the needs of our community in the 21st Century.  See page two of the meeting minutes here.  In coming weeks the Village Board will revisit this discussion and take action in connection with amending the Local Law pertaining to Chapter 40.

Please review for yourself the Chapter 40 and make a point of joining the Village Board when it schedules this workshop. Updating this code is critical to the smooth running of our Building Department and the continued assurance of home improvement for all property owners.

Mass and Scale Cause for Concern For Planning Board Members by Kevin E. Foley reprinted from Philipstown.info / The Paper

Mass and Scale Cause Concern for Planning Board Members
September 19, 2014

After closed-door discussion, board sends Butterfield plan to Historic District Review Board
By Kevin E. Foley
The proposed Butterfield commercial and residential development project ran into some surprising upset Wednesday night (Sept. 17) as a majority of the Cold Spring Planning Board raised objections to the board counsel’s interpretation limiting their authority to review the mass and scale of the project.
To varying degrees four of the five members, Anne Impellizzeri, Arne Saari, Karn Dunn and James Pergamo, expressed concern over the size of the buildings and the impact the project would have on the 5.7-acre parcel of land as well as the overall impact on the village. They said they were under the impression that the site plan review process, now underway, afforded them the opportunity to address the broad impact of the development’s plans as well as the many specific details involved in a site plan review.
Part of the old Butterfield Hospital (file photo)
Part of the old Butterfield Hospital (file photo)
For approximately 45 minutes the members, led by Saari, sallied with appointed counsel Anna Georgiou, inquiring about and at times insisting that the Board of Trustees did not intend to limit the Planning Board’s role in assessing overall impact from building size and number of residential units and other factors.
“I have been trying to have a conversation about this for six months and every time I was put off,” said Saari, a long-time Planning Board member. “I believe the Village Board listened to the Planning Board and left it to the Planning Board to make appropriate changes.”
Dunn echoed concerns. “There were at least three of us who were concerned about mass and scale during the EAP (environmental assessment) process and we were told that we could address this during site review,” Dunn said.
Strongly disagreeing, although she maintained her opinion was only advisory to the board, Georgiou said that when the Cold Spring Board of Trustees approved new zoning for the old hospital site (known as B4A) they essentially also approved the concept plan developer Paul Guillaro had submitted at that time. She said the trustee’s approval meant that the size of the buildings and the number of residential units were then made “as of right.” She said the size and scope of the project could be reduced only if the developer agreed or proposed it.
Planning Board Chair Barney Molloy reminded the board that there had been multiple discussions regarding the change of zoning and its connection to the developer’s concept plan. He recalled there had been two joint meetings with the Village Board and then the Planning Board wrote a detailed memo expressing its concerns and desire for greater flexibility than the draft B4A zoning proposal suggested. “By and large the Village Board rejected most of what we asked for,” he said.
Impellizzeri, the main author of the board’s letter to the trustees, seemed to accept Molloy’s recollection of events. But she observed ruefully: “I have grave doubts the community understands particularly the mass of this project or even that the Village Board understands what they have led us to.”
When Saari suggested the Planning Board formally ask the Village Board what its intent was when it approved the B4A change, Molloy replied: “The attorney who drafted it (Georgiou also served as counsel to the Village Board for this issue) at the behest of the Village Board is sitting before us. She is telling us this was the board’s intent and legally that is the state of things.”
A 3-D model of the proposed Butterfield development  (file photo)
A 3-D model of the proposed Butterfield development  (file photo)
A visibly disconcerted Guillaro, the developer, rose to remind the board that since the approval of the concept plan he had reduced the size and scope of the buildings and other elements to varying degrees as indicated in the presentation of the site plan. “We have listened to these concerns,” he said. Molloy acknowledged this and reminded the board other accommodations were still possible as the site plan review continued.
Nevertheless, when Molloy attempted to move on with making a formal referral of the site plan to the Historic District Review Board, which must also review the project’s design plans, Saari balked. Pergamo and Dunn agreed with him that the board should move to ask the Village Board about its intent. The discussion then continued with counsel about how best to draft such a letter. After a while Molloy suggested that perhaps the board would go into a private attorney/client discussion.
Board members more or less nodded agreement but without any further discussion of the reasons why they could consult with counsel for over an hour in public session but now needed to be out of ear shot of public and media.
After a 45-minute closed-door meeting the members returned and without further substantive public discussion they voted to accept the site plan application for Butterfield Realty Limited and make a referral to the Historic District Review Board, apparently accepting their chairman and lawyer’s perspective on where things stood legally. Saari voted no.


Friday, September 5, 2014

Cold Spring's Minority Report #2

Next week the PCN&R is likely to have another story attacking me for doing my job as your Trustee. 

In advance of their expected mudslinging, here are the facts:

1. A resident asked me if the house at 4 Stone Street where external work was done earlier this year had a permit for that work. This resident was concerned the code wasn't being enforced. The resident rightfully wondered why that might be and if there was something unusual about this particular project/application. 

2. I emailed Building Inspector Bujarski to ask him about the property owner's work permit. He emailed back: no permit.  But he was aware of the work.


3. PCN&R columnist Tim Greco issued a FOIL request for those emails.

Those are the facts.

Now wait until Wednesday to see how the PCN&R will spin them. 


Will I be made to appear a rogue Trustee with a vendetta? Will the trees I protect be under attack again? Will Tim Greco share how he came to know about my email in the first place?

Friday, July 18, 2014

Building Departments Merger Abandoned, reprinted from Philipstown.info / The Paper, July 18th, 2014

I share the Mayor's interest in continuing to explore consolidation of the Village & Town Building Departments. The Town offered the Village - at no additional cost - full-time, 5-day per week service, however, Trustees Bowman, Fadde and Campbell inexplicably oppose any further discussion. I think this is a missed opportunity for Village taxpayers - especially those who need to avail themselves of Building Department services when our part-time Inspector is not available. Philipstown.info / the Paper covered our July 15th meeting where this opposition was registered in a 'straw poll' taken by Mayor Falloon.

What do you think of the town's offer? What do you think of this decision not to explore this offer further?

Building Departments Merger Abandoned

July 18, 2014
By Michael Turton
While the concept of consolidating municipal services within Philipstown has been talked about frequently in recent years and widely accepted as a positive step toward more efficient local government, putting the idea into practice is a different matter. At the Tuesday (July 15) meeting of the Cold Spring Village Board, a majority of trustees voted against further research into consolidating local building departments. The vote was informal, a “straw poll” conducted by Mayor Ralph Falloon.
Prior to the vote, Falloon said he wanted to continue looking into consolidation. Discussions have centered on a plan in which, at no extra cost to Cold Spring, the Town of Philipstown would provide building department services to the village, replacing its part-time building inspector with the Town’s full-time staff.
Three trustees voted not to pursue consolidation of building departments. Photo by M. Turton
Three trustees voted not to pursue consolidation of building departments.
Trustee Mike Bowman voted against investigating that approach further. Instead, he suggested, “We do a one-year trial, running our department as it’s supposed to be run, get the paperwork caught up,” with a reassessment after the trial period. Trustee Bruce Campbell voted with Bowman, as did Trustee Cathryn Fadde. Campbell pointed out that Cold Spring Building Inspector Bill Bujarski has recently benefitted from extra help. Bujarski was in attendance and explained that an intern has been working one day a week, dealing with “administrative work I couldn’t get to” doing filing, archiving and a complete office reorganization.
“It’s not about filing,” Trustee Stephanie Hawkins said in disagreeing with Bowman’s suggested approach and Bujarski’s comments about a better-organized office. “The issue … is residents not having access to a full-time service,” she said. “It’s a lost opportunity … I don’t understand (rejecting) a full-time service at no increased cost” to the village.
“Personally, I’m a fan of consolidation … It’s an opportunity,” Falloon said. However after the negative straw poll he added, “We’ll talk about it in a year.”
Coincidentally Bujarski also submitted an updated fee schedule for the more than 50 permits and inspections that he provides in his part-time capacity. Fees generally range from $25 to $250 and he said his small department made “a slight profit” last year. He commented that he has had no complaints from residents about the services he provides. “I only hear that from the board,” he said. “If you get a complaint I’d like to know about it.”
Speaking to The Paper about the issue of local government consolidation overall, Falloon said: “Everybody wants smaller government — but nobody wants to give up money, power or control.”

Interviews to begin for Zoning Update Committee
Trustee Hawkins suggested that interviews begin as a first step toward forming the Zoning Update Committee, the group that will revise Cold Spring’s antiquated zoning code, bringing it in line with the 2011 Local Waterfront Revitalization Strategy and 2012 Comprehensive Plan. The update is being funded by a grant of $75,000 from the New York State Energy Research and Development Agency (NYSERDA). The village will match the grant funds, providing services in-kind, including time contributed by the volunteer committee members. Hawkins said that the state agency has requested details regarding the proposed cost sharing. NYSERDA prefers that committee members have appropriate backgrounds for completing the detailed work and allows higher rates to be charged against the grant for community volunteers with appropriate qualifications.
Trustee Bowman, who has consistently shown no enthusiasm for the grant, posed numerous questions about the makeup of the committee. Interviews for potential members were previously postponed at his request. Hawkins explained that Greenplan, the consulting firm that submitted the successful grant application, had suggested the committee include five members. The Village Board has the final say regarding committee size. Hawkins said the consultant’s recommendation was to have “a small, more nimble committee” capable of “working precisely without getting mired in discussion.” When Bowman questioned having such a small committee undertake “rezoning the entire village” Hawkins asserted that the project is not a rezoning but an “updating of aspects of the zoning code to reflect the work done by the Special Board” on the Comprehensive Plan and Local Waterfront Revitalization Strategy. Trustee Fadde suggested that interviews be held after a consultant is hired to assist with the project. Falloon didn’t agree. “It’s going to be a long process,” he said, suggesting instead that interviews begin soon. “We can still hash out what we want (committee) size-wise,” he said. Bowman asked who has applied to be on the new committee. Hawkins said the candidates include Donald MacDonald, Marie Early, Paul Henderson, Ruth Elwell, Chuck Hustis and Susan Peehl. Village Clerk Mary Saari will now begin scheduling interviews.
More parking issues
Garden Street resident Maggie Valentine wasn’t happy when she saw the Cold Spring Police Department marking tires in front of her home on the Fourth of July holiday. She voiced her complaint at Tuesday’s meeting saying that the practice penalizes residents. Valentine said that weekdays are also a problem because commuters and employees of Main Street businesses take up many parking spaces. “It’s hard to find a parking spot in mid-day,” she said, suggesting that a residents’ parking program be initiated.
SignCollage_edited-1Mayor Falloon sympathized but said he didn’t think he should tell the police how to do their job, more specifically when and when not to ticket. He was notified of the Garden Street residents’ concerns on the Fourth of July and did intervene to some extent suggesting to CSPD that they “go easy on residents.”
Trustee Fadde serves as the village liaison to the recently formed parking committee. She indicated that a program for residential parking permits is in the works but that it will take time because it must be approved in Albany. “You can’t just go out and put stickers on windshields … the process will involve about three years of paperwork,” she said. Fadde reported that committee member Anthony Phillips has catalogued all parking signs in the village and that a recommendation will be made to remove all four and five-hour parking signs on side streets. “They’re a burden to residents,” she said, adding that parking has been “a hideous issue in the village for as long as there have been cars.” She praised the makeup of the parking committee saying it includes a broad cross section of the community and urged residents to be patient. “You’ll see some good recommendations” coming out of the group’s work, she said.

Police contract, public hearings and cruise boats
Mayor Falloon will sign off on the recently negotiated contract with the Police Benevolent Association, which represents members of the Cold Spring Police Department, all part-time employees. The contract runs through May 31, 2017, and includes a 1.5 percent retroactive salary increase for 2013 and a 1 percent increase effective June 1, 2014. A 1 percent increase will take effect Dec. 1, 2014. On June 1, 2015, and June 1, 2016, a 2.5 percent increase will kick in. The total CSPD budget for 2014-15 is $422,620 including wages, pension and support costs.
West Street will become one way from North Street to Main Street. It is already one way from Main to New Street. Photo by M. Turton
West Street will become one way from North Street to Main Street. It is already one way from Main to New Street.
Two public hearings were held and closed at the outset of Tuesday’s meeting. Two actions will result. West Street will become one-way from North Street to Main Street. And The Grove, the historic house owned by the Village of Cold Spring, will be sold to Steve and Kathy Marino for $5,000.
Falloon reported that four boat cruises from West Point will visit Cold Spring this summer as part of an effort to link the two communities. Trustee Fadde also reported that Seastreak Inc., the cruise boat company that brings numerous fall tours to the village, has agreed to a new fee schedule for 2014 based on the size of boats docking here. On weekdays the fee will be $2 per linear foot and on peak weekends the fee increases to $3 per foot.
Photos by M. Turton

Wednesday, July 16, 2014

July's Liaison Reports by Trustee Hawkins :)

My liaison reports from last night's 3-1/2 our Monthly Village Board Meeting are here:


Liaison of the Tree Committee
Since our last Monthly meeting on June 10th, the Tree Advisory Committee met on June 23rd to review the draft tree ordinance.  The Tree Advisory Committee will meet again on July 28th  at Village Hall at 7:30PM to continue that work.  The Tree Advisory Committee hopes to have a draft ordinance to recommend to the Village Board for its review & discussion at a joint workshop of the Village Board and Tree Advisory Committee sometime in August, subject to the Village Board’s availability.

Liaison to the Zoning Board of Appeals
Since our last Monthly meeting on June 10th, the Zoning Board of Appeals received 2 new appeals to process: The Delabie & Goldberg of 5 Cedar Street and The Martins of 36 Mountain Ave.  Both property owners apply for set back and lot coverage variances.  The Zoning Board of Appeals met on June 19th and July 3rd , including a public hearing on July 3rd.  The next Zoning Board of Appeals meeting is this Thursday, July 17 at Village Hall at 7:00PM.

Liaison to the Planning Board
Since our last Monthly meeting on June 10th, the Planning Board met on June 18th to review sketches of Butterfield Realty’s development plan. They were assisted by Special Counsel, Anna Georigiou and planning consultant Chuck Voss of Barton & Logiudice. Their discussion included such topics as:

- According to Butterfield Realty the County is interested in the building that will be below the Lahey Pavilion. 
- According to Butterfield Realty any Post Office tenancy will be retail-only.
- Butterfield Realty said it wants to install either a sidewalk connecting Paulding Ave to 9D or a sidewalk in front of the 3 single-family lots, not both. 
- Vehicle traffic behind the single-family lots will be one-way, not two-way.
- The fate of the sledding hill after grading and elevating the land for the single-family homes.
- The amount of impervious surfaces the desire for impervious materials to be used.

Report of Trustee Hawkins
Big Belly.  Has notified me that they don’t have any used inventory to offer us but says it will notify us if that changes. This is disappointing.


Sunday, July 6, 2014

Letter: Why I Admire and Respect Hawkins by Supervisor Richard Shea, reprinted from Philipstown.info / The Paper, July 6th, 2014

Supervisor Richard Shea works hard for our Town and has its best interest at heart. It means a great deal to me that he wrote this letter.  I'm proud to know that the projects I work on with neighbors and friends have resonance and are recognized as good service to the community by such a dedicated leader!  Thank you, Richard.  And thank you to all the people who have reached out to me in the wake of its publication.