The Town of Poughkeepsie Historic Preservation Commission & The Planning Process

Original Message


Certified Mail Return Receipt Requested 7002 0510 0004 0824 5750

From: "Ginny" <ginny243@optonline.net>


To: Supervisor<jdavis@townofpoughkeepsie-ny.gov>


Cc: Town Board<Tancredi6ward@aol.com>; "S Krakower (Po'k Town Bd)" <Stephan@krakowers.com>; "M Cifone (Po'k Town Bd)" <Michaelcifone@aol.com>; <tbauer@townofpoughkeepsie-ny.gov>; <domseminara@aol.com>; <Firstwardtop@aol.com>
Sent: Thursday, August 19, 2004 11:31 PM
Subject:
Town of Poughkeepsie Historic Preservation Commission & The Planning Process

Dear Supervisor Davis and Town Board Members,

Thank You in advance for your time and consideration of a concern which needs to be addressed immediately for the betterment of our community.

If you will please recall at the Master Plan Public Hearing on August 18th I noted as part of MY CONCERN that the TOWN BOARD needs to make the Historic Preservation Commission aware of the Commissions Rights, Duties and Responsibilites in regard to the planning processs since I was not sure that the Commission was aware of their rights, duties and responsibilities in this regard.

At the Planning Board Meeting on August 19, 2004, I tried to make the Planning Board Aware of MY CONCERN and provided the details which formed the basis of MY CONCERN. The Planning Board did indicate to me that the Draft Scoping Document for the Casperkill 1 LLC would be sent to the Historic Preservation Commission as an interested and involved agency and the Planning Board would appreciate the Commission's input. However, the Planning Board directed me to the Town Board to give the Commission direction in regard to their rights, duties and responsibilities regarding the planning process. The Planning Board Cannot Tell the Historic Commission what they should do is what I was told. The Historic Preservation Commission is appointed by the Town Board and it is up to the Town Board to give the Commission this direction.

Below are my prepared comments as presented to the Planning Board at the meeting on August 19th. I forward these to The TOWN BOARD and would appreciate a written reply. These matters are of immediate concern and I would appreciate this Board Addressing same POST HASTE. We have not a moment to lose - the SEQRA clock is ticking in regard to the Casperkill Project as it is in regard to other projects now or soon to be before the Planning Board and in regard to which the Historic Commission will be/must be involved.
******************************************************************

To the Planning Board, Town of Poughkeepsie
August 19, 2004

I have a concern regarding the Historic Preservation Commission and its awareness of its duties and responsibilites in regard to the planning process.

- Why is that I am sure you are saying - so if you will allow me
the opportunity I will present to you why this concern has arisen.

- On Aug. 10, 2004 myself and other members of the Fort Homestead Association met with the Historic Preservations Commission for 3 reasons

- to update them on our research into the History of the Fort Homestead

- to seek the Historic Preservations Commission members opinions on the mission and purpose of the Fort Homestead Association and

- to provide the Commission with a copy of the Draft Scoping document dated July 26, 2004 - in order that they might have a head start on their comments on same since they only meet on a regular basis once a month.

The last item caused much dissention between some members of the commission and the members of the Fort Homestead Association present.

Fort Homestead Association members were and are of the opinion and belief that the Historic Preservation Commission by virture of them being listed as an Interested and Involved Agency in regard to the Casperkill 1 LLC Application are expected to review and offer comments on their concerns to this Board on the documents submitted to the Commission by the Planning Board as Lead Agency including the Draft Scoping Document for which you will schedule a Scoping Session this evening. It would seem that if the Commission fails to comment to the Planning Board, the Planning Board as lead agency can only determine that the Historical Preservation Commission has no comments or concerns in regard to the Document submitted to the Commission.

On the other hand one member of the Commission who appears to represent the Commission as LEGAL COUNSEL - insisted that such review and comment WAS NOT within the scope of the Historic Preservation Commission's duties as per the Town Code. The Commission would only comment if specifically asked to do so!

I ask. . . . . . . . . . . . . . . .
Why then would the Historic Preservation Commission be listed on the Lead Agency's list of Interested and Involved Agencies?????????????????????????

On a further note two members of the Commission shoved the Draft Scoping Document for Casperkill dated July 26, 2004 back at me saying that it was Boiler Plate????????????????

I ask. . . . . . . . . . . . . . . . . .
Is the Scoping Session you will schedule this evening being based on Boiler Plate Draft Scoping Document submitted you by the Applicant and dated July 26, 2004??????? Would you Schedule a Scoping Session based on a Boiler Plate/Uncompleted Draft Scoping Document?????????

MY CONCERN:

It appears to me that the Historic Preservation Commission is not aware of its duties and responsibilites as far as the Planning Process is concerned.

It would seem to me that when the Planning Board as Lead Agency under the SEQRA Law circulates an applicants submitted document to the Commission that such is "so to speak" the "special invitation" that the Commission's Member OF COUNSEL believes is necessary before the commission can review and comment to the Planning Board. If I am correct this Board needs to clarify this point with the Historic Preservation Commission.

In Essence my main concern is that the Historic Preservation Commission will not comment on Documents submitted to them by the Planning Board as lead agency because they DO NOT BELIEVE or they are NOT AWARE they are entitled to.

Whereas on the other hand the Planning Board will take the Historic Preservation Commission's lack of comment on documents submitted to them by the Planning Board as Lead agency as an indictation that the Historic Preservation Commission has no concerns - which may very well NOT be the case.

I urge this Board to Clarify with the Town's Historic Preservation Commission, the Commission's rights, duties and responsibilities as an involved agency in the Planning Process in the Town of Poughkeepsie.

This Commission is appointed by the Town Board to serve the Purpose of conservation, protection and preservation of Historic Sites, Structures and Buildings in our Town in harmony with the Town Master Plan and which will promote the public health, safety and general welfare. [Town of Poughkeepsie Town Code - Article I General Provisions 126-1 A(2) Page 12601] The Master Plan is a Planning Document.

Please discuss these matters with the Historic Preservation Committee and insure that our Historic and Cultural Resources are protected in the Planning Process - The Historic Preservation Commission should not be a "Lame Duck" Involved Agency in the Planning Process because it is not aware of it's rights, duties and responsibilites in regard to the Planning Process.

The Citizens of the Town deserve a Commission that operates as a fully involved party in the planning process in order to protect our Historical and Cultural Resources to the Highest Degree.

*********************************************************
I would like to see all Boards and Commissions in this Town Playing on the same Playing Field. Each Team Member knowing what to do when the ball is passed to them. I ask the Town Board to clarify for the Commission, and the community at large the Commissions rights, duties and responsibilites in regard to the planning process.

If the Historic Preservation is in fact a "Lame Duck" Commission then they should not be listed as an interested and involved agency in the planning process. This can only serve to misguide the public into believing that the Historical Resources of our Community are being protected in the planning process by the Commission when such is NOT the case.

I hope to hear from you prior to the next Regular Town Board Meeting in order that I will not have to address this issue again at the Town Board Meeting of September 1, 2004.

Sincerely,

Virginia A. Buechele
P. O. Box 243
Pleasant Valley, NY 12569
(845) 452-6417
Dutchess County Native
Resident of Town Poughkeepsie
Charter Member and Director
Fort Homestead Association
Certified Paralegal
Member:
Dutchess County Historical Society
Dutchess County Genealogical Society
New York Genealogical & Biographical Society
Hyde Park Historical Society
Beacon Historical Society

Fort Homestead Association
http://www.geocities.com/Heartland/Acres/2843/saveforthomestead.html
Casperkill 1 LLC Draft Scoping Document
http://www.geocities.com/Heartland/Acres/2843/casperkill_dsd.pdf

A copy of this e-mail will be addressed to the Supervisor and Town Board and
mailed via the US Postal Service Certified Mail.
[Supv. Davis & Town Bd, Town Hall, T/Pok, 1 Overocker Rd, Poughkeepsie, NY 12603]