Editorial: Whose Hole is it Anyway?

If you’ve looked at Mount Beacon at some time over the last two years you’ve no doubt noticed the gaping hole that appeared there seemingly overnight. You may also have wondered why, if the City of Beacon has a steep slopes law that limits tree cutting and building on slopes greater than 15%, anyone would be allowed to strip off such wide swath of trees and leave the land bare. Who’s responsible for the hole in the mountain? The answer lies not in Beacon but in the Town of Fishkill.

Even though the City of Beacon bears the name of the mountain that overlooks it, only the very base of Mount Beacon is within the Beacon City Limits. The rest lies within Fishkill and is governed by its laws. The hole you see in the mountain exists because the Town of Fishkill has allowed it to, and while no one in the town of Fishkill has to look at that hole, residents of Beacon have to live with it everyday.

The Town of Fishkill does have a steep slopes law that’s very clear with regard to the kind of activity presently taking place on Mount Beacon:

“For the purpose of preventing erosion, minimizing stormwater runoff and flooding, preserving the Town's underground water resources and protecting the Town's character and property values, it is the intent of this chapter to prevent the development of hilltops, ridgelines and steep slopes, and toward this end, wherever possible, new construction shall avoid such areas and existing vegetation in such areas shall not be disturbed.”

But given that this portion of the mountain can’t be seen by anyone that lives in the Town of Fishkill, it appears that this major excavation has escaped the notice of Fishkill town officials. It’s up to Beacon’s public officials and its citizens to call and write the Town of Fishkill and to ask that this type of development cease. If you don’t like what you’re seeing on the mountain call Fishkill Town Supervisor Joan Pagones at 845-831-7800 or email her at [email protected].

Further, the bullying tactics detailed in Councilman Steve Gold’s letter to the editor this month should not be tolerated. The citizens and City officials of this community have every right to address issues that affect them directly. Kudos to Mr. Gold for not standing down and for pursuing this issue with the vigor it demands.

Comments

[Philomena]

Hi - I did as you suggested, and sent an email to the Town of Fishkill, asking for clarification on what was happenig with the "hole" - here is the response I received:
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A significant portion of Mt. Beacon is within the Town of Fishkill, and it surprises many to know that the City of Beacon is actually fully surrounded by the Town, including much of the waterway frontage. On Mt. Beacon there are a few parcels under private ownership, this ten acre parcel being one, but the vast majority of the mountain is under the control of Scenic Hudson, a land trust establishment.

The activity you see is twofold:

1. A permit was afforded for modifications to a pre-existing driveway. The old driveway pre-dates many of our ordinances, but would not be allowed to be constructed in a like fashion today as it appears to encroach upon steep slopes. The new driveway, or driveway modifications, required an engineer to plan such to avoid any steep slope exposures.

2. The property-owner did clear an area of lower level vegetation with the intentions of building a log style home. Primarily what you see as a yellow color area is similar to what your lawn would look like if you waited several weeks to mow it, with the lower portions being yellow, and to further augment the color, the property-owner has been seeding the area and covering with straw. I note “lower level vegetation” as aerial photos, going back to 1936, confirm the clearing area was generally sparse of trees due to the rocky terrain and, more recently, a proximate fire.

In summary, you are viewing a private property-owner preparing the site for a single home. There are no plans, actions or applications for a “residential development” or commercial structures.

Christopher Colsey, MPA

Town of Fishkill-Office of Municipal Development

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I had thought I was told a while ago, by some folk associated with the Incline Railway, that this section was privately owned, and was cleared for a home, but the construction didn't get very far, due to the difficluties in getting materials up there. So, the comment from Fishkill seems to confirm that, for good or evil.

[Anonymous]

As of 7-17-06, only 12 people have called the city of fishkill about this project. maybe people just dont care....

[Frank N Stein]

I know I don't care about the issue. I don't own that land, and it's about time people stop thinking they can violate other people's property rights just because it may spoil their 'perfect' view. Get over it.

[billp]

frank iam with you it is high time some folk shut up and leave others alone. but i am sure the writers of this are happy they got in the pojo news online so beaconites who are now elsewhere know about them

[Akaky]

I agree with Frank, up to a point. If everything going on up there on the mountain is on the up and up, then fine, I have no problem with it; it's their property and they get to do what they want with it. What is sticking in my craw is this lawyer threatening to sue a City Councilman and the Dispatch if they cause delays, trouble, etc. with this project. If what you are doing is legal, then why the threats? You just state your case clearly and firmly and tell the Councilman and the Dispatch that you are within your rights and doing nothing wrong, and so go tend to the city of Beacon's business and leave the people in Fishkill alone. Maybe it's just my nature, but I am always suspicious of people whose first response to a perfectly legitimate question is a threat; it smacks too much of trying to shut people up before they can ask too many embarrassing questions.

[Publius]

Makes you wonder just how often people look up at the mountain. This "hole" has been there since 2003, when Guernsey's friend went up there without a permit and started clearing...just days after the sale went through.

Also - I think a three year "temporary" hole is starting to look permanent.

Private property, yes - But we're also part of a community where one would hope that a collective desire to preserve the aesthetics of Mount Beacon are wieghed against "doing whatever the heck I damned well please".

Lastly, I can't beleive that Fishkill doesn't have an ordinance outlining restrictions on clear cutting - if but for erosion control...