PATTERSON TOWN BOARD MEETING

PUBLIC HEARING – INSITE ENGINEERING FOR HUDSON VALLEY TRUST AMENDMENT OF EXISTING PERMITS

PATTERSON TOWN HALL

1142 ROUTE 311

PATTERSON, NY 12563

JUNE 9, 2010

MINUTES

PRESENT: EDMOND O’CONNOR, DEPUTY SUPERVISOR

KEVIN BURNS,COUNCILMAN

JOSEPH CAPASSO, COUNCILMAN

GINNY NACERINO, COUNCILWOMAN

ANTOINETTE KOPECK, TOWN CLERK

TIMOTHY CURTISS, TOWN COUNSEL

ABSENT: MICHAEL GRIFFIN, SUPERVISOR

Salute to the Flag and Roll Call.

Deputy Supervisor O’Connor called the Public Hearing to order at 7:30 p.m. with 40 in attendance.

Mr. Timothy Curtiss, Town Counsel, read the following legal notice:

SEE ATTACHED

Mr. O’Connor stated if anyone has any questions, please come up to the microphone.

Ms. Theresa Ryan, Insite Engineering Surveying Landscaping Architecture, P.C. stated I am representing Hudson Valley Trust with an application for a variance for the moratorium.

Mr. Burns stated are there any comments you want to make in advance of the public.

Ms. Ryan stated we submitted an application to the Town Board which is on public record and we submitted our reasons why we think we would fit into a separate category for most Club uses. Hudson Valley Trust already has a special permit for a Club which they received for the Lawlor Building and the surrounding property. Since then they added additional property to their holdings and there is only one lot now that the Lawlor Building is on. It is a larger lot than it was when they received the first special permit. We believe this makes it a little bit different from other Club uses. Their goal is for preservation, not for development. We think it would be a hardship because they had planned on getting funding for the program that they’re proposing in front of the Zoning Board of Appeals and the Planning Board, which they already have applications in front of before this moratorium went into effect. This would delay the funding. What they would like to do is continue the preservation of the existing barn and the 40 plus or minus acres of property they have with the Lawlor Building and keep that as an agricultural environment and restore the barn.

Mr. Burns stated at the last meeting I expressed concern based on the fact that if we treat one person who has been previously approved differently than we treated someone who has been denied an application we run the risk of being inconsistent with applications. You did mention one thing with regards to funding that I would like to clarify. What specifically are you in jeopardy of losing. Is it an interest rate increase or a specific funding that will be lost if ground is not broken.

Ms. Ryan stated I don’t know all the details. I do know that they have applications into DASNY and ADAP and they have specific timelines associated with those. I know they aren’t going to be released anyway because the budget hasn’t been passed, but as soon as it is I think they will continue their review of those applications.

Mr. Burns stated as you know we had applications for DASNY to try to get funding for our courthouse and that money is just not there. If the money is available it could be allotted toward this project or has it been designated to this project.

Ms. Ryan stated it could be.

Mrs. Nacerino stated you have no formal agreement with DASNY at this point in time.

Ms. Ryan stated that I don’t know. I would have to check with Hudson Valley Trust to see what the status is.

Mr. O’Connor stated it says in your application that the funding sources are encumbered with strict guidelines and timelines. It doesn’t say what the timelines are.

Ms. Ryan stated the approval process has to be to a certain point before they will qualify for funding.

Ms. Nacerino stated I think what we are trying to determine is exactly what hardship the Hudson Valley Trust would incur should we not proceed as quickly as you would like. That doesn’t seem to be very specific.

Ms. Ryan stated I don’t have the specific time lines but this is what I was told by Hudson Valley Trust that if there is a delay in the review process then there will be a delay in the funding.

Mrs. Nacerino stated but you can’t demonstrate that at this point in time.

Ms. Ryan stated (inaudible)

Mrs. Nacerino stated ok.

Mr. Burns stated is there any other member of the public that would like to comment on this.

Mr. Bruce Major stated maybe the Town Planner could explain the history of that property. In other words, “it was Town Hall”; “what the zoning was for that property”; “when they got their non-for-profit designation at that location”; “when the existing property was purchased so maybe we will have a little better understanding of what we are looking at”.

Mr. Burns stated not to put you on the spot Rich, but are you able to answer any or all of those questions.

Mr. Rich Williams, Town Planner stated the former zoning of that property was R40 back until 2003 or 2004 when we amended the Zoning Code. It is currently R4. Back in 2003, an application was made to the Zoning Board of Appeals for a special use permit for a non-for-profit organization. The Hudson Valley Trust will operate as a Club so they could provide offices for other non-for-profit organizations. That was ultimately approved by the Zoning Board of Appeals.

Mr. O’Connor stated that was in November of 2003. At that time they did not own the property.

Mr. Major stated all that property was zoned residential. At what point in time did they make the purchase of the additional land.

Mr. Williams stated I’m not sure. I believe it was about 2005 or 2006.

Mr. Major stated at any point in time in 2006 did they make any attempt to amend their application back then.

Mr. Williams stated no.

Mr. Major stated the concern I have is that better than two months ago, this Board put into effect a moratorium. I believe we are now at eight weeks and do we have a contractor with an attorney for the moratorium.

Mr. O’Connor stated yes.

Mr. Major stated when did we get that contractor.

Mr. Curitss stated about two weeks ago and I have been in touch with him. He is supposed to have a draft to us either the end of this week or the beginning of next week.

Mr. Burns stated we are waiting for a scope of services. We agreed on an hourly rate and a cap on expenditures for $7,500.00 and we wanted a budget before he commenced his work.

Mr. Major stated I understand but we are looking at a 180 day moratorium and we almost used up one third of the moratorium trying to get our attorney in line. I think we have to get the attorney in line and we have to move forward. We should have been having a Public Hearing now on whatever changes if any to the moratorium. I think it would be ill-advised for this Board at this point in time to give any exceptions to the moratorium. I think if is very important when you look at this existing code as it relates to Clubs and non-for-profits there is basically no regulations as it relates to what they can do, where they can do it and I think it is very important. I hope this Board would move on getting the contractor signed with this attorney and expedite the moving of the moratorium.

Mr. O’Connor stated just for the record your question regarding the 58 acres for the LoPane property was purchased on February of 2006.

Mr. Robert Odell stated the permit was issued in 2002 or 2003.

Mrs. Nacerino stated 2003.

Mr. Odell stated now you have a new application. Doesn’t that equal a new permit.

Mr. Burns stated amended the application by (inaudible).

Mr. Odell stated but you have a moratorium which brings you to the bigger question. If Senator Leibell wasn’t behind this would we be standing here.

Mr. O’Connor stated I have had no pressure or contact if that is what your question is.

Mr. Odell stated has anyone on the Board had any contact.

Mrs. Nacerino stated no I have not.

Mr. Odell stated by the Senator or any of his representatives.

Mrs. Nacerino stated no, I could answer for myself. I believe this Board will act with integrity as we move forward with this case and everyone hence forth. If it is a question of the integrity of this Board for this case we will certainly proceed with integrity. We are very well aware of the facts of the circumstances and that is why I asked Ms. Ryan if her case was contingent upon a hardship which she stated two weeks ago that it seems to be vague in nature. To me it is a pretty weak case.

Mr. Burns stated when we expressed concerns last time, the reason we are having this hearing at this meeting was because last time some of the concerns was expressed about that application. That is why we are having a hearing.

Mr. O’Connor stated in regard to your question, in the interest of full disclosure, I have spoken in the past week with one of Senator Leibell’s representatives but not about this case.

Mr. Michael Carinha stated I have one question in regards to the moratorium. If there was an exception for the Hudson Valley Trust would that open the door for Winding Glades to come back and sue the Town because you are giving an exception for one non-for-profit and not another even though they are included as a Club but this is what the moratorium also included.

Mr. O’Connor stated that concern has been expressed.

Mr. Carinha stated I hope it doesn’t open up to that.

Mr. O’Connor stated I hope not either. I hope it does not open up to a case that becomes a problem.

Ms. Deidre Bloom stated I just wanted to concur with Mr. Burns and Mrs. Nacerino regarding the request for exemption. It does jeopardize the Town’s message regarding consistency for applications and it doesn’t seem that the Hudson Land Trust has demonstrated any hardship so until the Town Code is buttoned up I don’t think there is any benefit to make anyone exempt from the existing moratorium.

There being no further questions or comments, Mrs. Nacerino made a motion to adjourn the Public Hearing at 7:35 p.m.

Seconded by Mr. Burns. All In Favor: Aye. Carried.

Respectfully Submitted,

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ANTOINETTE KOPECK, TOWN CLERK