HomeMy WebLinkAbout4.14.2010 Planning Board Minutes1
Minutes
for
Village of Cayuga Heights
Planning Board Meeting #8
Held on
April 14, 2010
The meeting of the Village of Cayuga Heights Planning Board was called to order at 7:07
PM.
Board Members Present: Chair Martin Harms, Henry Richardson, Graham Gillespie,
Mark Morris, Frederick Cowett and Alternate Member, Sean Cunningham
Board Secretary: Mary Jane Neff
Others: Brent Cross, Code Enforcement Officer
Guests: See attached list
Chair Harms requested the Board to pass a resolution thanking Janet Shure for her
term on the Planning Board.
On a motion by Harms, seconded by Morris the following was unanimously
passed:
RESOLUTION NO. 19
RECOGNIZING JANET SHURE’S TERM ON THE PLANNING BOARD
WHEREAS. Janet Shure was appointed by the Village Board
of Trustees to serve a one year appointment on the newly formed
Planning Board, and
WHEREAS, Janet’s input in the development of the Planning Board
and its direction was very valuable,
THEREFORE BE IT RESOLVED, that this Board recognizes and
thanks Janet Shure for her commitment to the Village of Cayuga
Heights Planning Board.
Chair Harms and the Board welcomed Frederick Cowett as its new member and
thanked him for agreeing to serve with them.
Chair Harms and the Board thanked Sean Cunningham for agreeing to serve as
alternate for another year and for the excellent work he does with the Board’s website.
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On a motion by Harms, seconded by Morris the following was unanimously
passed:
RESOLUTION NO. 20
AUTHORIZING ALTERNATE MEMBER TO VOTE AT TONIGHT’S
MEETING IN THE ABSENCE OF MEMBER HENRY RICHARDSON
RESOLVED, that Sean Cunningham is hereby authorized to vote
at tonight’s meeting in the absence of Member Henry Richardson.
The minutes were presented and reviewed for the March 8, 2010 meeting.
On a motion by Morris, seconded by Gillespie the following was unanimously
passed:
RESOLUTION NO. 21
APPROVING MINUTES OF March 8, 2010
RESOLVE that the minutes of March 8, 2010 meeting are
hereby approved as presented.
There were no public comments at this time, but the guests were invited to speak
to the topics being discussed this evening.
Chair Harms asked if the Board had any objection to taking item 6 on the agenda
at this time. There was no objection.
Member Henry Richardson arrived at 7:16 PM.
Code Enforcement Officer Brent Cross stated that he had received a request from
the new Chemung Canal Bank building at Community Corners for a final certificate of
occupancy. As a condition of site plan review approval, the Board of Trustees, who also
served as the Planning Board at that time, stipulated the posting of a “No Left Turn” sign
to prevent left turns onto Pleasant Grove Rd. Officer Cross explained that one of the
concerns expressed by Board members at the time was a change in traffic conditions at
the intersection of Hanshaw and Pleasant Grove Roads due to the new building. After the
building was completed, some Board members and Police Chief Boyce observed the
intersection and concluded that a change in traffic conditions was no longer a concern.
The property owner, Tim Ciaschi, had objected to the site plan approval condition, but
agreed to it in order to get the site plan approved. Cross stated that he recommends the
condition be removed.
Member Gillespie asked if a traffic study had been done. Officer Cross replied
that one had been done and that the Planning Board’s concern was not documented in the
study. He also commented that traffic conditions in the intersection had not changed due
to the new Chemung Canal Bank building. Member Cunningham asked where the
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proposed bus shelter was to be placed. Officer Cross stated that the proposed bus shelter
is to be constructed in front of Carriage House Apartments which is at a distance from the
intersection sufficient for bus rider safety. Member Morris commented that this might be
an opportunity to begin fixing an old problem, inadequate provision for pedestrian traffic
in this and other areas throughout the village. Member Cowett asked if there had been
any reported accidents at that intersection. Officer Cross stated that, per Police Chief
Boyce, there had not been any reported accidents at that intersection.
On a motion by Gillespie, seconded by Cowett the following was passed with
Gillespie, Cowett, and Harms voting yes and Morris and Richardson voting no.
RESOLUTION NO. 22
AUTHORIZING THE REMOVAL OF CONDITION #1 OF
CHEMUNG CANAL BANK SITE PLAN APPROVAL
WHEREAS:
A. On June 9, 2008, The Village of Cayuga Heights Planning Board passed
Resolution 6355 to Approve Site Plan for New Chemung Canal Bank Building at
909 Hanshaw Road with certain conditions; and
B. Condition #1 of said Resolution 6355 required the installation of a sign located
at the Pleasant Grove Road exit driveway from Corners Community Center to
read “NO LEFT TURN”; and
C. Based on the as-built usage, currently observable traffic conditions, and the
advice of Code Enforcement Officer Cross, the Planning Board no longer feels
that left turns should be prohibited and that the sign requirement is no longer
necessary and authorizes the removal of said condition;
NOW, THEREFORE, BE IT RESOLVED, that the Village of Cayuga Heights
Planning Board hereby removes the requirement of a “NO LEFT TURN”
sign to be located at the Pleasant Grove Road exit driveway from Corners
Community Center.
Next, Code Enforcement Officer Cross alerted the Board to another issue that
may come before them that had been provisionally approved by the previous Planning
Board. Officer Cross requested guidance on how to proceed with a provisionally
approved subdivision. He gave a brief history of the Upland Road Subdivision that had
received provisional approval and was scheduled to receive final approval once the
developer complied with the conditions. This provisional approval is more than two
years old, but he commented that there is no time limit in NYS State Law on provisional
subdivision approvals. He asked what to do when the applicant meets all of the
conditions and requests the Planning Board for final approval. He recommends the
Board seek legal counsel before this issue comes before them. He also explained that
Attorney Flash at Miller Mayer, LLC had handled this for the previous board and that the
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Village’s current attorneys have recused themselves from this issue due to a conflict of
interest.
The Board discussed how to proceed. Members requested a copy of the
conditions set by the previous board and a summary from Officer Cross on the history of
the subdivision project. Members, as time permits, will review the file that Cross has in
his office. They also requested that the Board Secretary forward hem copies of the
minutes from the public hearing giving provisional approval for the subdivision and any
other minutes that include discussions on the subdivision.
On a motion by Morris, seconded by Richardson and with all members voting yes
the following was passed:
RESOLUTION NO. 23
TO PROCEDUALLY REVIEW THE PROVISIONALLY APPROVED
UPLAND ROAD SUBDIVISION
RESOLVED, that the current Village of Cayuga Heights Planning
Board has the right and expectation to review the information regarding
the provisionally approved Upland Road Subdivision and to seek legal
counsel in an expedient manner.
George Frantz next presented the Board with the proposed schedule for
Saturday’s, April 17, 2010, public forum being held at Kendall. The Board commented
that they would like a more flexible schedule on Saturday depending on the number of
participants. The Board requested the Board Secretary to send an e-mail reminder to the
Board of Trustees and to Zoning Board of Appeals members. The Board asked if there
were going to be recorders during the breakout sessions so that the information can be
reviewed and added to the mix of information gathering. Mr. Frantz stated that there
would be students in each breakout session to record the comments. Also, during the
“open mike” session, students would record the questions and comments of residents.
The Board agreed to be present and participate in the breakout session as needed, but that
students would be the facilitators.
Next, the Board discussed the request from the Board of Trustees to consider the
fence ordinance issue and to make a recommendation before the enforcement moratorium
expires. Chair Harms presented an overview of the request and suggested steps that the
Board might follow. Member Richardson expressed concern that this is a deer issue
more than a fence issue, suggested any further discussion and action on fencing wait for
the outcome of the Trustees’ deer remediation deliberations, and that consideration of
fencing take place as part of the Board’s development and completion of the
comprehensive plan. He would recommend an extension of the fencing enforcement
moratorium until such time as the comprehensive plan is complete. Further discussion
resulted in general agreement that the Board would take up the requested review in the
immediate future and that a recommendation to the Trustees would not be delayed until
the comprehensive plan is completed. It was also agreed to recommend to the Trustees
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that the moratorium be extended by some reasonable length of time so that the Planning
Board’s review process not be rushed.
The Board then reviewed and discussed Chair Harms’ notes suggesting a possible
process for the Planning Board’s review of the fencing ordinance issue.
The Board scheduled a special meeting for 7.00pm, Wednesday, April 28, 2010 to
begin its discussion of the fencing issue. The Secretary will duly advertise. Chair Harms
and Member Cowett agreed to assemble existing written fencing ordinance-related
material and copy it to board members ahead of that meeting.
On a motion by Richardson, seconded by Cowett the following was unanimously
passed:
RESOLUTION NO. 24
ADJOURNING MEETING
RESOLVE, that this meeting was adjourned at 10:07 PM.
Respectfully submitted,
Mary Jane Neff
Planning Board Secretary