Happening This Weekend 6/22/2018
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Declaration of Independence Reading on Wednesday, July 4, 2018
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Going on its eighth year, a committee of people will be reading the Declaration of Independence at Beacon's City Hall (aka the Municipal Building and police station building off of Wolcott Ave. on your way down to the train station) on Wednesday, July 4, at 11 am.
Dennis Pavlock as Chairperson, will be joined by other committee members including former Beacon Mayor Clara Lou Gould as Vice Chairperson. This is your chance to hear the Declaration of Independence read to you, in the same way that George Washington read it to his troops in July of 1776 while he was out defending New York against the British.
July Fourth was the day that Congress approved the Declaration of Independence, which was signed later by representatives of each state. Have you read the entirety of the Declaration of Independence lately (or ever)? It declares the different reasons that the people who migrated to the United States wanted to dissolve their political relationship with the King of England and his government. You can read it here as a sneak peek to the July Fourth performance.
During his promotion of the event during a Public Comment portion of a City Council meeting, Dennis reiterated that this is not a city-sponsored event: "Not one $0.10," he said. Clara Lou Gould also spoke, encouraging people to attend and know what the Declaration of Independence is, that it is a declaration of government by the people, for the people. She continued to encourage people to call into governments with their suggestions.
There Will Be Cake - And Bagels! - And a Candy Jar
"Get a piece of history, get a piece of cake," encouraged Dennis. Kelly the Cake Lady will be providing cake, and the Beacon Bagel will be providing bagels. Dunkin' Donuts is on board, as is BJs Wholesale Club as a sponsor. There will be two candy jars for kids to guess how much is in each jar. So let them eat cake! And bagels and donuts and candy. It's for a good cause, after all.
BAM!! Beacon's Fireworks Are Happening... But They Almost Didn't
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Photo Credit: Betsy Biggar Hellmuth
BEACON'S FIREWORKS
Date: Sunday, July 1, 2018
Location: Memorial Park, Robert Cahill Drive, Beacon, NY
Time: Music starts at 5 pm. Fireworks begin at 9 pm.
Entertainment: There will be live music, and vendors selling food.
"When are Beacon's fireworks this year?"
It's a simple question. One that normally has an answer without a second thought. When annual events or things happen - like hanging baskets of petunias on Main Street - one doesn't normally question how or why they happen, only that they do happen.
So when chatter started about Beacon's fireworks not happening for 2018, ears perked up in disbelief. Rather than accept that Beacon wouldn't have fireworks, Beaconites took it upon themselves to make it happen.
The City of Beacon itself is not involved in the production of most of the annual events scheduled throughout the year. These commemorative and festive events have drawn renewed interest and involvement from community members, though:
The Spirit of Beacon Day Parade almost didn't happen in 2018 when its organizers disbanded (but then it did happen, as new organizers stepped in!). The Memorial Day Parade, which is organized by veterans who live in Beacon, did not happen in 2018, but will return in 2019, as announced by a veteran during last month's Memorial Day service at the Memorial Building. They expressed how humbled they were by the public's strong turnout to this year's ceremony.
Another group of Beacon citizens has organized a reading of the Declaration of Independence set to happen on Wednesday, July 4, at 11 am.
As for Beacon's fireworks show, it's really an event produced by the people of Beacon. There are many involved who are putting together a big fireworks display for 2018. Here's what we know so far:
A Changing of the Guard for Beacon's Fireworks
You may not have realized that historically, the Kiwanis Club of Beacon did the fundraising for the fireworks. Additionally, the organization known as "I Am Beacon" used to play a part in organizing events that began in the afternoon and ran into the night. Sometimes things change, however, and unfortunately, the Kiwanis Club disbanded this year with no clear guideline in place for passing the firework fundraising torch (irresistible pun intended).
Enter LT Sherpa, owner of Beacon Natural Market. He was overcome with shock when he heard that there would be no fireworks in Beacon. "You can't have the Fourth of July without fireworks," he said to himself, and then to me while interviewing him for this story.
Beacon Natural, Verplanck Auto, and Beacon Recreation Department Step Up to Produce Celebration
"I decided that the Beacon Natural Market would offer to sponsor the fireworks," LT continued. "After speaking to the mayor and discovering that the cost was a little more than what the market could do alone, I spearheaded a donation drive from Beacon businesses to hold the fireworks. Beacon has been good to businesses, and I want us to give back.” LT is working with Mark Price, director of Beacon's Recreation Department, who has usually facilitated the production of Beacon's Fourth of July celebration in years past.
DONATING TO THE FIREWORKS
If you would like to donate to the event, please contact LT or Kitty Sherpa:
Call: Beacon Natural Market, (845) 838-1288
Email: beacon348@verizon.net
Donate in person: Beacon Natural Market, 348 Main St., Beacon, NY
Checks: Make payable to the City of Beacon.
No matter what LT and his wife Kitty raise during the donation drive, LT has assured the City that he is writing a check for the full amount of the fireworks. The fireworks will commence on Sunday, July 1, 2018, and there is no rain date.
All donations for the fireworks can be made out to the City of Beacon, and can be dropped off at Beacon Natural Market.
Live Music for Beacon's Fireworks
Some of you know Manny from Verplanck Auto, and some of you have your cars in his lot right now being repaired. Said Manny when being interviewed for this story: "I spoke to Mark Price on a chance meeting about this event. I wanted to help. My son, who will be a high school senior this year, Zack Taylor, has been performing at the Fourth of July celebration for the past three to four years with his band, Seal the Deal."
Manny and LT are working with Mark from the Recreation Department, who is orchestrating the programming for the entire day. "People are coming out of the woodwork to help out," said Manny. "L+J is donating the sound equipment, and many others are donating time and such to the whole process," said Manny.
Musical Lineup Before the Fireworks
The festival will be at Memorial Park on Sunday, July 1. There will be vendors selling food as well as live music. The music starts at 5 pm, and will be done by the time the fireworks begin at 9 pm.
This musical lineup was sent to us by Zack Kotzias, who is known for performing in interesting venues around Beacon:
5-5:30 pm Brian Daniel (R&B)
5:45-6:15 pm Jeremy Torres (Acoustic)
6:30-7 pm Backseat Lover (Rock)
7:15-7:45 pm Seal the Deal (Rock)
8-8:15 pm Tony E (Hip Hop)
8:20-9 pm Decora (Hip Hop)
If you are involved with this year's production or if you have already donated, go ahead and give yourself a shout-out and pat on the back in the Comments below!
Business Donors So Far
M&T Bank, John Car Realty, Homespun, Dominic Penzetta, Dogwood, Drink More Good, Hudson, Valley Auctioneers, Greg Zabel, Hudson Beach Glass, Artisan Wine Store, Hudson Valley Brewery, Mobile Gas Station, Quinns, Quinns Employees, Keyfood, Antalek & Moore, Mountain Tops, Kitchen Sink, Hudson Valley Zoned, Luxe Optical, Law Office of Dennis Vetrano, Gate House Realty, Kiwanis Club, Roundhouse, Melzingah Tap House, Poppy’s, Beacon Natural Market, and Thundercut.
Hanging Baskets of Petunias Have Arrived on Main Street - How They Got There
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Quick - what's the prettiest way to tell what season it is in Beacon? Look up, to Main Street's lampposts, and see what's hanging as the seasons change. In the winter, it's wreaths and illuminated stars. In the spring and summer, it's the petunias. But these petunias don't water themselves. And where do they come from, anyway?
The Hanging Petunia Baskets Are A Community Effort
The Tioronda Garden Club pays for the hanging baskets, and Sunny Garden Greenhouses, the nursery north on Route 9D past Stony Kill Farm, makes the hanging baskets. Mayor Randy Casale and former councilperson Sam Way water the baskets in the early morning, and have done so ever since the baskets were removed from the City's budget years ago.
Fundraisers are put on each year by the Tioronda Garden Club for the hanging baskets (we covered it last year), so watch for your chance to help! And just look at the Tioronda Garden Club's new website, with all of their events listed! This is a great way to connect with other gardening enthusiasts. You could even possibly be one of these secret gardeners on Main Street, if you wanted to join the Tioronda Garden Club.
This year, my photo of the petunias is from inside A Little Beacon office at 291 Main Street, in the Telephone Building. I don't recall seeing the hanging baskets last year outside my window, but I'm so happy to see it daily now!
Musical Performance Fundraiser for Robin Testerman at Beacon High School
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Photo Credit: Beacon High School
WITH LOVE & LIGHT
Date: Friday, June 29, 2018
Time: 7:30 pm
Location: Beacon High School Seeger Theater
101 Matteawan Road, Beacon, NY
Price*: Admission: $10 at the door. Children under 5 are free
*All proceeds benefit Robin Testerman, to help pay mounting medical bills for cancer treatment.
From the desks of Lori LaDue and Anthony Scarrone of Beacon High School:
Song and dance will take the stage at Beacon High School as the extended performing arts community—including John Jay Proscenium Alumni, The Beacon Players, Spackenkill High School’s Spack Onstage, and Beacon Performing Arts Center—pool their talents to benefit local champion of theater Robin Testerman.
With the goal of offsetting Robin’s mounting medical bills due to cancer treatment, the area’s best and brightest present an evening of Broadway hits, including selections from Rodgers & Hammerstein’s Cinderella, Footloose, West Side Story, Les Miserables, A Chorus Line, Aida, Jekyll & Hyde, The Little Mermaid, Phantom of the Opera, and so much more.
Special guest Ryan Dutcher, a nationally known illusionist, will provide fast-paced magical entertainment, cutting-edge comedy, and opportunities for audience participation in his mesmerizing act.
Before the show and during intermission, enjoy light refreshments while you browse the silent auction, offering tantalizing experiences and wares. More special appearances may be happening (perhaps a Broadway star or two?) at this can’t-miss musical event of the year.
Watch for Giant Turtles Crossing - What Do They Do On The Other Side?
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In last weekend’s edition of the Highlands Current, the reporting was turned on Beacon beat reporter Jeff Simms, who normally writes up Beacon news for the newspaper. His animal-rescue experience landed him front-page treatment. Normally, his own article would be in this spot. Last week, however, he himself was in ink (not the ink on his arm, but on the page).
While riding his bike down Route 9D from Beacon to Cold Spring on his way to the Current's production meeting, Jeff spotted this snapping turtle gradually making his way across the road. According to the article, Jeff pulled his bike over and attempted to encourage the turtle to go faster or move away from the busy road.
May and June is prime time to see snapping turtles, which are one of 11 species native to New York. In the late spring and early summer, they're on the move, laying their eggs in sandy areas or loose soil, according to the Department of Environmental Conservation (DEC). The DEC issued an advisory last year reminding motorists to watch out for migrating turtles, whose populations are declining. "The reptiles lay just one small clutch of eggs each year, which means the loss of a breeding female can have a significant effect on the local turtle population," according to the advisory. Suffice to say, the turtle that Jeff spotted was on a mission and would not be deterred.
But its slow progress left it vulnerable, so Jeff’s next move was to call in the professionals: Mark Price, Beacon’s own director of the parks and recreation department. Together, they moved the turtle by lifting it by either side of its shell, the method DEC recommends if you need to move one (see the DEC's full recommendation on how to move a turtle to safety).
Exciting times for this Tree City! Beacon is an official Tree City, as designated by New York State’s Urban Forestry Program, which “fosters comprehensive planning, management and education throughout New York to create a healthy urban and community forest and enhance quality of life,” as stated in their mission. Spotting snapping turtles is a reminder that we are surrounded by an an ecosystem of fauna and flora, turtles to treetops, and it's good to keep them healthy!
Happening This Weekend 6/15/2018
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Beacon Booming With Literary Opportunities For Writers and Readers!
/Last time we wrote about the literary goings-on in Beacon, we were shocked that there was SO MUCH GOING ON. Just a few months later and THERE’S EVEN MORE HAPPENING. If you are a writer, or you like the company of writers, or you're a reader or listener, our town (and slightly beyond its limits) is absolutely bursting into bloom right now for you.
Readings
The Sunset Reading Series at the Chapel Restoration in Cold Spring features extremely talented and famous writers in an incomparably beautiful venue. On Sunday, June 24, Benjamin Taylor will read, presumably from his new family memoir “The Hue and Cry at Our House.”
On Wednesday, June 20, Calling All Poets (CAPS) and The Vinyl Room deliver you a super chill event with open mic and spoken word, with vinyl jazz accompaniment. Suggested donation is $3, and BYOV (Bring Your Own Vinyl). CAPS has loads of other upcoming events to check out as well.
Community
The Howland Library in Beacon has an upcoming Author Talk with Carol Lynn Lustgarten on Thursday, June 14. The poet, author and artist “will read selections from her three books, as well as share her experience in self-publishing. The event will end with a bit of fun, participatory improv that Ms. Lustgarten will do. Her books will be available for sale and signing." Titles include "Stormy Sky," "Who Needs a Boyfriend? Life, Happiness and Other Thoughts," and "I Don't Like Getting Old.” The event is free!
Get Lit Beacon is in full swing and we are eagerly awaiting their next Get Lit Salon at Oak Vino in July. Until then, their blog tides us over with literary-minded interviews and articles by members Flora Stadler and Kristen Holt Browning, among others.
Workshops and Classes
Speaking of Get Lit Beacon, organizer and author Julie Chibbaro is currently offering one-on-on workshops for fiction and creative nonfiction writers.
Poet Ruth Danon has a fantastic and free demonstration class on Wednesday, June 13, focusing on improvisational writing and craft study. By the end of the session you will determine a schedule and make plans for a sequence of six sessions of poetry classes in Beacon, NY. She also offers one-on-one consultations and workshops for poets.
Short on time for a regular thing? Memoir writer Donna Minkowitz is offering a one-day workshop on Saturday, July 21, from 2 to 5 pm, with a price break for local residents. Her weekly workshops will resume in late September.
Bookstores
On Saturday, June 16, Split Rock Books in Cold Spring will open its doors from 10 am to 7 pm to give everyone a peek at what’s been going on behind that newspaper in the windows. Their website describes the bookstore’s mission as: “An independent bookstore carrying a curated selection of new books with a focus on literary fiction and nonfiction, bestsellers, and children’s books. We will also be able to order books by request. Our events will include children's and family programming, book clubs, readings, signings and discussions.” More bookstores cannot be a bad thing, in our humble opinion.
You are of course familiar with the stupendous Binnacle Books in Beacon, and their readings and book release parties in their backyard garden, but don’t forget to check back in to see what’s on tap for upcoming events and book club meetings hosted by Denning's Point Distillery. Speaking of the backyard – One Nature Garden Center now boasts a lovely area for kids to hang out, in addition to native plants, and seems like a perfect place to read a new book you may have just bought next door.
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Little Pink Slip Re Water Test On Your Door - Not From the City
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You know that little pink slip that was hung on your front door last week, with a little vial in it requesting a water sample? It might surprise you to know it's not from the City of Beacon. It is from a private company called Hudson Valley Water Consultants, who pretty much just want to sell you a water filtration system of some kind. Which, maybe you want a water filtration system! But this has nothing to do with the City of Beacon - just in case you got confused.
Mailings or other distributed materials like this (this one was hand-delivered) often tend to look official, and sometimes are even designed to look like they came from a city or official government agency - like when you get those fake IRS notices or fake Trademark Renewal letters in the mail from attorneys trying to trick you into thinking something is wrong with your trademark.
What - you've never gotten those?
This solicitation was a questionnaire that asked for personal information about your household, including how many children you may have, pets, or if you rent or own your home. Beacon's City Administrator, Anthony Ruggiero, did announce during a City Council Meeting on June 4, 2018, that the company did legally obtain a Peddler's Permit from the City of Beacon to solicit, but he clarified that it is not a city-sponsored campaign.
"We [the City of Beacon] do testing [of the water], but this is not how we do it," said Anthony during the meeting, letting people know that the little pink slip in the bag with the water vial is nothing city-related and not a test that anyone needs to partake in. Even though the company name is stated on the advertisement, if you skimmed it or just read the parts in bold, you might have gotten the wrong impression.
Which Reminds Us...
Back in late February, some people were going around house-to-house soliciting FIOS for Verizon, trying to sell Internet and Triple Play packages. At that time, Anthony reminded everyone during a February 20, 2018, City Council Meeting that you have the right to be placed on a Do-Not-Knock list, which comes with a sticker for your door! Entities applying for a Peddler's Permit have access to this list and are instructed to respect it.
Said Anthony at that time: "You can call City Hall to be put on the Do-Not-Knock list. They [the peddler] will get the list. The law is on the books. Always ask people knocking door-to-door if they have the Peddler's Permit. Ask to see the permit. If they don't have it, politely close the door and call the police department. Exempt from that law are Boy Scouts, Girl Scouts, and politicians. If you don't want politicians, put a No Trespassing sign on your door (smiley face)."
Happening This Weekend - 6/1/2018
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Beacon City Council Votes "No" to Airbnb Type Short-Term Rentals - Striking Down Their Own Legislation
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Photo Credit: An Airbnb in Rome. We did not want to affiliate anyone's unit with this article. When in Rome...
UPDATE 2/7/2020: This ruling still stands. Beacon has not legalized “short term rentals” which is what Airbnb falls under. Therefore, people who do run an Airbnb from their home are subject to getting a cease and desist letter from the City of Beacon. Is it a bummer? It is. Airbnb in its simplest form is fun and useful. But Airbnb needs to respect municipalities (Airbnb is known to not be cooperative), and homeowners need to respect zoning laws of the city and their neighbors. So there we have it until this is revisited by City Council for a new vote on the legislation they crafted but voted against at Airbnb homeowner’s requests.
The headline of this article might seem odd, because it implies that Beacon's City Council was not in favor of short-term rentals (aka Airbnb or home-sharing). Council members actually largely did support homeowners renting out their homes to earn extra income. The night of the vote, homeowners who rent out spaces via the Airbnb website had come to the City Council meeting to ask the Council members to vote against the legislation that the Council had been crafting to legalize short-term rentals in Beacon based on the public's input for the past several months.
In a vote of 3-4, with Mayor Randy Casale, Jodi McCredo, and Lee Kyriacou voting "Yes" to legalize short-term rentals, the rest of the Council voted "No." After tallying the votes, the Mayor announced: "The law does not pass. What that means is that all short-term rentals are illegal in the City of Beacon."
The resulting silence was stupefying. It lasted for 24 seconds. The night had been set up for the vote to pass. Homeowners and people who cleaned short-term rentals had shown up to demonstrate their support for short-term rentals - yet asked for a "No" vote. They then got that "No" vote, along with the declaration that short-term rentals were illegal in Beacon because there was essentially no law at all in the first place to protect them.
Editor's Note, 6/1/2018: By default, short-term rentals in Beacon were prohibited, so they were never allowed in the first place (hard concept to grasp, but we explain below), nor had any protections. This legislation would have legalized them, and required them to get a permit.
Two additional pro-short-term rental laws were also being proposed, on the assumption that short-term rentals would be legalized:
One proposed law would set the new permit fee;
The other would have urged New York State to set its zoning code for short-term rentals, and separate short-term rentals from being classified as Bed and Breakfasts. At the state level, that classification requires that homes have sprinkler systems or egress windows for fire safety.
Technically, there is no law about short-term rentals in Beacon, so there is nothing in place to protect them. According to Beacon City Attorney Nick Ward-Willis, new things like short-term rentals that are not specifically written into Beacon’s Zoning Ordinance are prohibited. Said Nick via email: "The Beacon Zoning Ordinance provides in the Schedule of Use Regulations a list of permitted uses within a zoning district and provides that 'No building or premises shall be used and no building or part of a building shall be erected or altered, which is arranged, intended or designated to be used, in whole or in part, for any uses except the following [see the Schedule of Uses].' Any use not specifically listed shall be deemed to be prohibited.”
Why Now? Why Are Short-Term Rentals Being Contested?
Beacon’s City Council has been debating how to legalize short-term rentals since December 2017, after a Beacon resident and new owner of 51 Orchard Place cut down 13 trees in his yard without a permit, and listed the home on Airbnb. Some of his neighbors were enraged (others supported the tree removal), and brought to the City Council their concerns that homes in neighborhoods were being purchased not as primary residences, but as investment properties (aka "non-owner occupied"), thus altering the neighborhood feel.
Those against his listing of the Orchard Place property on Airbnb presented a petition to ask the City to define regulations about short-term rentals, but not stop the practice entirely. Neighbors were demanding that the City enforce that short-term rentals be illegal in Beacon, but there wasn't an ordinance either way about whether they were allowed or not. Hence the default to the rule that the City Attorney mentioned above.
The legislation that the City Council crafted (after several rounds of drafts) essentially legislated this house out of being a short-term rental because it was not the owner's primary residence. This home has since been unlisted from Airbnb, and put on the market for an asking price of $699,900. The Zillow estimate of the home is $412K.
Wait, What? Short-Term Rentals Are Illegal in Beacon?
According to a letter submitted by Airbnb to the City of Beacon, in 2017 alone, over 9,100 people stayed in Beacon in an Airbnb. Also in 2017, Dutchess County took in over $220,000 in taxes from the 4% Bed Tax paid by Airbnb on behalf of its homeowner hosts, according to Dutchess County Legislator Nick Page, who we reached out to for numbers. Based on those stats, there are far more people coming to stay the night in Beacon than there are hotel rooms to house them in Beacon or in Fishkill. There is a huge supply of people coming to Beacon to stay the night.
Other cities have been operational in the home-sharing market, but in an unregulated or protected way. For instance, in a suburb of Columbus, OH, called Upper Arlington, Airbnb was beginning to thrive, as people would seek to stay there when visiting for Ohio State University games. Last month, Upper Arlington voted to make all short-term rentals illegal, and stated to revisit it in one year.
Beacon had been drafting a law to allow short-term rentals (see our highlights of what was in or out here). Some topics that were addressed included possible limits on how many days a property could be rented, and what spaces were not rentable - attics, or basements, or RVs and tents in backyards. Other cities do have a limit on the number of nights homeowners can rent out, and Beacon started with a 100-day maximum, but during a public meeting, Council Person John Rembert suggested that the council revisit that after hearing public pushback against the maximum. The City Council did throw out that maximum. See the final version of the law here for what was included or not.
The final version of the bill called for one added expense for homeowners: a permit that would be good for two years and could be renewed. And that was the only added expense.
The Issue of the Sprinklers
Once you have the OK to set up shop in Beacon as a short-term rental, you have to also be OK with New York State code, and in compliance with whatever the state says. The state has not yet defined its code requirements for short-term rentals. It drafted a law, but that law has been stalled for a long time. In New York's draft of a brand-new state law for short-term rentals, sprinklers are not mentioned, and the fire-safety requirements for a homeowner would include "conspicuously" posting a list of emergency phone numbers for police, fire and poison control. They would also need to have a working fire extinguisher. However, we asked Beacon's Dutchess County Legislator, Nick Page, if he knew of any movement on that new bill. "Not as far as I know," was his answer.
If there is no code specified, Beacon's Building Inspector, Timothy Dexter, has stated that he would go by the Bed and Breakfast fire code, which requires sprinkler systems in the home or an egress window that can be pushed out.
Homeowners found that threatening and not affordable. However, if New York State completes their law, this could all be a moot point. The Beacon law was requiring that homeowners comply with New York State law - which people need to do anyway with state laws. Beacon's law was simply to say that short-term rentals in a primary residence were OK, and outlined some rules - which did not specify sprinklers.
What Was Beacon's Law For? What Got Voted "No"?
Beacon's law would have legalized short-term rentals in the city of Beacon, and had nothing to do with state law (because there currently is no state law around short-term rentals). The state law could have included the sprinklers depending on interpretation by the Building Inspector, based on guidance he got from the state, according to the City Attorney. During the night of the city council's vote, the City Attorney went on to say that the state has to regulate short-term rentals somewhere, and until there is something official, that somewhere is code relating to Bed and Breakfasts. However, he noted, the regulation could be in a more restrictive area called R1, but the State is seeking the less restrictive of Bed and Breakfast.
Said the City Attorney that night: “We are talking about two distinctions. What the zoning permits, versus what the state permits. You can regulate zoning, but you can’t regulate what the state code provides for.” Two different laws. Beacon's law would only have green-lighted the concept of short-term rentals in the Schedule of Uses, and how that would work.
Here's a screenshot of what a portion of what Beacon's Schedule of Uses mentioned above looks like. See those line items? Behind each item on this list is how the area of interest would work, according to how the City of Beacon regulated it. The short-term rentals regulation would have put Short-Term Rentals onto this list, with certain rules to follow (here's a link to the law's final draft, which was voted down).
Remember About the Tattoo Parlors? An Ordinance Was Written To Make Tattoo Parlors Illegal in Beacon, Until...
Editor's Note: This section was edited on 6/13/2018 after more information was provided by Keith Zahra in the Comment section).
Alright. Do you see Tattoo Parlors in the list above? Many years ago in 2000, under a totally different City Council, there was a tattoo parlor in town called Zahra's Studio. Tattoo parlors didn't have an ordinance at all. Much like short-term rentals don't have an ordinance at the moment (which by Beacon law, makes them illegal unless they have an ordinance defining how they should run). Some people didn't want tattoo parlors in town anymore. To lock that in and make sure the tattoo parlor couldn't operate legally, an ordinance was written and passed that banned any and all tattoo parlors. Zahra's Studio eventually closed, but not because of the ordinance, according to owner Keith Zahra in the Comment section of this article below!
Said Keith in an outtake of the comment below: "[I was] Open and running for years after the statues of limitations voided any possible future enforcement of the existing tattooing laws. I had a New York State Supreme Court lawsuit filed against City of Beacon for constitutional violations. This case is a lot more complicated than the simplicity of a prohibition and a grandfather clause. City of Beacon violated tattoo artist’s rights like no other government municipality in the country, it was becoming a legal precedence in the industry." Scroll down or click here to read more about his experience with the law. Twelve years later, that rule was reversed, and tattoo parlors were allowed.
Matthew Montleon, owner of Honorable Ink, was responsible for instigating the reversal of a law that prohibited tattoo parlors in Beacon. There is no law written to prohibit short-term rentals in Beacon, but City Council voted down a law written to protect them, leaving short-term rental law in the gray and beholden to default law.
Photo Credit: Katie Hellmuth Martin
Matthew Montleon, founder of Honorable Ink, the popular tattoo parlor on Main Street, approached the City Council in 2012 to have this reversed so that he could open his own tattoo parlor, Honorable Ink. According to a Poughkeepsie Journal article he has framed in his establishment, he had the support of Mayor Casale and Council Person George Mansfield, who worked to reverse the rule, saying that tattoos were part of our culture now, especially in our artist-friendly town of Beacon. You may remember the videos on it as Matthew showed up to debate the topic and present his case.
According to Matthew, not only did the City Council reverse the ordinance, but Mayor Casale suggested writing a new ordinance to legalize tattoo parlors, which would have set rules on how tattoo parlors could operate in Beacon, assuming they followed New York State health code and any other code New York State set. This is how legalizing tattoo parlors in Beacon in 2012 played out.
This situation could be likened to the move to legalize short-term rentals in Beacon. Only this time, Council Person George Mansfield voted against legalizing short-term rentals, and the Mayor voted for legalizing short-term rentals. Even though both of them were advocating for homeowners who wanted to rent their homes out in the short-term market.
New York State Law vs Beacon Law - Totally Different Things
Being that there is no clear-cut definition of fire safety code for these properties, Beacon's Building Inspector was leaning toward enforcing sprinkler systems or egress windows as called for in the New York State law concerning Bed and Breakfasts, based on guidance he got from the state, according to the City Attorney, who went on to explain:
“Other communities have not addressed this. ... They have turned a blind eye to the building code enforcement issue. Now that the issue is out there in the forefront, the building inspector’s viewpoint is it’s a fire, life, and safety issue, that ultimately is on him. If he turns a blind eye to it, and there is a casualty, ultimately it’s on him. I don’t want to be an alarmist, but there are examples of where there is criminal prosecution against building officials who do not enforce a code provisions when they are in knowing of violations. For him to continue to turn a blind eye, I don’t think is within his job description.”
It should be noted, however, that should New York State define its law, for short-term rentals, nothing changes in the Beacon law - only the requirements of the state law. Neither the proposed state law nor the Beacon law mentioned sprinkler systems or egress windows.
During the night of the vote, City Attorney Nick Ward-Willis recalled how he contacted a few people at the State level to get further clarification, but was unable to find any. "At the New York State Department of State (DOS), I spoke with Justin Cartwright, Director of Legislative Affairs for the NYS Department of State (who Airbnb referred us to). Mr. Cartwright referred us to Joseph Ball, Associate Attorney in the Department of State’s Office of General Counsel. We also spoke with Mark Miranda, Regional Contact, Department of State, Division of Standards and Codes." He was unable to get clear answers on fire-safety enforcement for short-term rentals, since no law exists.
Therefore, written into Beacon's law, was a requirement for the building inspector to inspect a prospective short-term rental to see if the short-term rental was compliant with "the International Series of Codes and New York State Code Supplement," and then make a recommendation from there. The city attorney also mentioned that an individual who disagrees with the building inspector’s interpretation of the International and State Code provisions may appeal to the NYS Department of State, Division of Building Standards and Codes, by filling out and submitting an application form available at: https://www.dos.ny.gov/Dcea/pdf/2078-a-f.pdf.
During the Council's last Workshop on short-term rentals on April 30, 2018, the City Attorney did suggest that a way to trigger New York State into addressing the fire code issue was to file a lawsuit against New York State.
Can Sprinklers Be Written Out of the Law?
Moments before the vote took place during the May 21, 2018, City Council Meeting, George Mansfield asked the city attorney if Beacon's law could be written so that sprinklers were not required. The Attorney answered that the law could not, that a state code could only be added to, and not subtracted from, at the city level. "The city does not have the ability to create laws or definitions or regulations for the State building code. You could apply stricter interpretations, but you can’t have it less permissive. The city does not have the ability to influence the State code interpretation."
The proposed local law required that homeowners follow New York State law, which could change at any time, given pressure to the state to complete their law. If New York State law changes, nothing would be amended into Beacon's law. Meaning, if New York follows through with only requiring a fire extinguisher and list of phone numbers, then that is what people would need to do because they need to follow New York State law.
Plus, Did You Know That Major US Cities Like NYC Actually Heavily Regulate Airbnb?
The headlines at major news outlets have been popping up recently. Some communities turned a blind eye to short-term rentals not being on the official list of things allowed and not allowed (like Beacon did). Others turned a blind eye, but after complaints, created legislation to officially shut down the practice (like Upper Arlington, that suburb outside of Columbus, OH). Cities like Miami Beach don't allow it in certain zones.
Surprisingly, New York City has very tight restrictions on short-term rentals, as pointed out by a recent CNBC article, which states:
New York City, which Airbnb lists as its top destination for guests, has some of the tightest restrictions on short-term rentals in the country. It is illegal to rent out an entire residence for less than 30 days in New York City. Short-term rentals are permitted only if the homeowner is also staying there throughout the rental period and there are no more than two renters.
New York Gov. Andrew Cuomo signed a law in 2016 making it illegal to advertise occupancy for short-term rentals in buildings with three or more units (here's the state law). Violators are subject to fines of up to $7,500.
Beacon's proposed law imposed no limit on the amount of nights the property could rent per calendar year. Beacon's proposed law did not require the homeowner to be on the property at the time of renting. Beacon's proposed law did not restrict short-term rentals by zone.
Did Beacon have a bird in hand, and not realize it?
Did the council members who voted "no" do it as a bluff or statement against the sprinklers (that weren't even in the local law)? Not realizing how many of them would trigger a majority?
Did that many constituents who supported short-term rentals ask their council member to vote "no," and were maybe confused about how a vote of "no" would pan out, or what it included? That this vote was a separate issue from The Sprinkler Issue?
Beacon Was Being Progressive - So What Happened?
The night of the vote, Council Person George Mansfield stated that his vote of "no" was contingent upon Beacon asking New York State to hurry up and decide already about their fire-safety code. However, a vote of "no" does nothing to protect short-term rentals during the time in which it takes New York State to move in any direction - which could be a long time.
Additionally, if New York State did decide to only require a list of phone numbers and a fire extinguisher as their required fire code in short-term rentals, the vote in Beacon would not be retroactive.
We reached out for comment from the council people and heard back from everyone but Mayor Casale, John Rembert and George Mansfield. They get a lot of emails, so we get it if ours was lost.
Terry Nelson, who voted against the legislation stated: "I personally received an overwhelming amount of email urging me to vote 'no' and these came from short-term rental (STR) owners. Their rationale was that the proposed resolution was a step towards driving them out of business. My reason for voting 'no' is that the resolution did not adequately address many of the subtle nuances of STR ownership. Also, it would create a system in which only those with the financial means would be able to be in the STR business."
When I asked Terry for clarification on the financial implication, Terry referred to the possible New York State mandated sprinkler system or egress window requirement that Bed and Breakfasts need to conform to. But sprinklers are not in the currently stalled New York State law, and they were not in the local Beacon proposed law. Terry referred to other fees in the proposed law, but there only seems to be a permit fee in Beacon's law. So fear of additional fees as a reason to vote no on Beacon's law is unclear, since the Beacon law that was up for a vote did not require sprinklers.
Jodi McCredo, who voted in favor of legalizing short-term rentals, stated: "I did receive requests to vote 'no' as well as requests to vote 'yes.' I believe that voting 'yes' to the law, along with the resolution to request state action and a grace period on the code until the end of the year, was the bast way to help our owner-occupied short-term rental hosts stay in business while shutting down the non-owner-occupied short-term rentals that most of the community seemed to be against. The 'no' vote simply shut down everyone."
Lee Kyriacou, who voted in favor of legalizing short-term rentals, stated: "There looked to be a concerted effort to encourage a 'no' vote. In my view, no change in current law keeps all short-term rentals illegal, which leaves the city free to chase them down. The proposed local law that did not pass 3-4 would have legalized owner-occupied short-term rentals."
Amber Grant, who voted against the legislation to legalize short-term rentals, stated: "Throughout the entire process of crafting the legislation, I heard a lot from constituents. I also spent time with many of them, listening to their concerns and even touring a short-term rental. I thank everyone who made their voices heard."
So What Happens Now?
If you have seen the movie Evita starring Madonna, then you may recall the song, "Another Suitcase In Another Hall," in which Madonna sings the recurring breakup song, with the emotional line: "So what happens now?" wondering where she is going to go. The song ends with a character in the movie answering in whisper: "Don't ask... anymore..."
So... to be continued.
Here's the final proposed law that was voted on, in case you're interested in what was allowed for short-term rentals, in case it comes up again. Jeff Simms, Beacon beat reporter for The Highlands Current, got his article up about it last week, if you want another recap.
Related Links to Airbnb Legislation in Beacon:
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Antalek & Moore Expands Into Ulster County and Welcomes Rob DeWit (Sponsored)
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Grand Opening of Antalek & Moore Marlboro Location!
WHEN: Thursday, May 31
TIME: 3 to 7 pm
WHERE: 1313 & 1311 Route 9W, Marlboro, NY
Beacon residents are lucky to have a service like Antalek & Moore Insurance Agency right at our fingertips! With their track record of success in the community, Antalek & Moore is expanding into Ulster County with a new office in Marlboro, NY. “There seems to be a business barrier when it comes to the Newburgh-Beacon Bridge,” says Susan Antalek Pagones, co-executive partner at Antalek & Moore. “We wanted to overcome that obstacle and found that opening our own office on that side of the river would be the perfect way to do so.”
Co-Executive Partners Vince Lemma and Susan Antalek Pagones, both in the Beacon office, are excited about the expansion of their agency. While they have always served customers who live outside Dutchess County, this gives the agency the chance to be right in the heart of the Marlboro community. They pride themselves on community involvement and support, and look forward to making many new relationships to carry on that commitment to their neighbors.
Antalek & Moore Welcomes Rob DeWit To The Team
In addition to opening the new location, Antalek & Moore welcomes a new member, Rob DeWit, to the team. Rob is a longtime insurance industry expert and will be a crucial asset to the team as they make the move. “The reason why I chose insurance was I wanted to make a difference and help people when they need it most," says Rob, in the company's press release announcing the expansion.
“We are very excited Rob has joined the Antalek & Moore team,” says Vince Lemma. “He will bring many years of insurance industry experience and he is looking forward to help grow in Ulster, Sullivan and Orange counties.”
Rob comes with over 14 years of experience in the insurance agency; he got into the business while working for a family member that owned an agency. That agency grew over the years and he quickly moved into the role of vice president, overseeing offices throughout Dutchess, Orange and Ulster counties.
Says Rob: "We supply a product that is only used when tough situations arise, and I want to be there for my customers when they do.” Joining Antalek & Moore was a no-brainer, “as I wanted to work for an agency with a family atmosphere. Antalek & Moore brings this, as well as a pristine reputation in the industry. It is important for me to work for a company that values employees, as well as integrity."
Rob is a graduate of Dutchess Community College and has an associate's degree in business administration. He is a lifelong resident of the Hudson Valley and enjoys all that the valley has to offer with his two daughters, who live close by.
About Antalek & Moore Insurance Agency
Antalek & Moore Insurance Agency is a family-first business and has been open since 1853. With this experience under their belt, there is no doubt to why they have been trusted for so long. They are a full-service insurance and risk-management agency with main offices located in Beacon, NY. Executive Partners Susan and Vince own one of the original Main Street agencies, offering commercial and personal insurance solutions to customers in the Hudson Valley community, broader New York region, and across the country. Being in the business for over 80 years has taught the agency that people want nothing more than an agent who is knowledgeable, trustworthy and accommodating to the client’s needs.
You're Invited to the Grand Opening in Marlboro, NY!
Please join in on the Grand Opening being held Thursday, May 31, from 3 to 7 pm at 1313 & 1311 Route 9W, Marlboro, NY. Refreshments will be served, and you will have the chance to meet members of the Antalek & Moore staff from both locations.
Antalek & Moore is a sponsor of A Little Beacon Blog, and this article was created with them as part of our Sponsor Spotlight article program. It is with the support of businesses like theirs that A Little Beacon Blog can bring you coverage of news, local happenings and events. Thank you for supporting businesses who support us! If you would like to become a Sponsor or Community Partner, please click here for more information.
Memorial Day Ceremony in Beacon 2018
/PLEASE NOTE! This article is from 2018. If you are looking for Memorial Day 2019 in Beacon, or any current events, please see A Little Beacon Blog’s Event Calendar here. Also, please see this Memorial Day Engagement Ring Story from 2019, that also has parade details.
Today we honor the fallen and salute those who serve today to protect us. Thank you.
Memorial Day Ceremony
Day: Monday, May 28, 2018
Time: 11 am
Location: American Legion - Beacon Post, in the Memorial Building, 413 Main St., Beacon, NY
Get a bite to eat at the Yankee Clipper Diner Restaurant, Beacon Pantry, or Ella's Bellas afterward.
The Chocolatiest Ice Cream Sandwich on Main Street: Zora Dora’s
/Because this is legit and you need one in your life: The new ice cream sandwich at Zora Dora, on the west end of town, is made with their own vanilla bean ice cream, which is also intensely, perfectly, creamily good. The whole thing also happens to be gluten-free. Next time you’re in, ask the owner to pint that ice cream so that we can take it home. If Hudson Valley Brewery has “can releases,” maybe Zora Dora can have “pint releases”?
Find this and more in A Little Beacon Blog’s Restaurant Guide. And check the Shopping Guide while you’re here because you’ll need a cool snack like this to help fuel your trip down Main Street!
