HomeMy WebLinkAboutMinutes of the Special Board & PB Meeting June 21, 2010.pdf 1
Minutes of the Board of Trustees June 21, 2010
Village of Cayuga Heights
Special Meeting of the Board of Trustees and Planning Board
Present: Mayor Supron, Trustees Andolina, Crooker, Riesman, and Szekely, Planning Board Chair M.
Harms, Fred Cowett, Graham Gillespie, Sean Cunningham, Attorney Kristin Gutenberger, Supt. Cross,
Clerk Manning
Others: Krisy Gashler, Joe Cowan, Mindy Mindlin, Sarah Hatcher
*************************************************************************
Mayor Supron opened the special meeting of the Board of Trustees and the Planning Board at 7:00 PM
to discuss possible changes to the existing fence ordinance. This meeting would be considered a
working session with no Privilege of the Floor and no Public Comment. The Board welcomed
comments in writing and any comments received so far had been distributed to both the Board of
Trustees and the Plannng Board. The meeting will end at 9:00 or 9:30, depending on progress. There
was no agenda – notes were distributed.
This meeting is to establish an understanding of the steps to be taken in dealing with the Village fence
ordinance. The Mayor brought forward her recommendation that, for a period of five years, temporary
fencing would be allowed at a home owner’s property line with certain restrictions as to the height and
transparency or openness of the fence. There was much discussion. Some of the subjects covered were
aesthetics, lines of sight, safety, fence heights, setbacks, exclusion of deer fencing in the front of a
property while allowing side and back deer fencing, perceptions of deer fencing as temporary or
permanent, changes in the atmosphere of the Village, non-compliant fences, eventual enforcement of the
fence ordinance, affordability of fencing, changes in deer behavior which might occur due to more deer
fences, and Villagers’ perceptions about seriousness of trustee’s intentions with regard to remediation.
The idea of a sunset provision on deer fencing was troubling to some trustees stating that if a fence is
illegal now, allowing one to go up knowing it will have to come down is just deferring a bigger
problem. Mayor Supron is proposing temporary fencing of steel posts with black netting as she doesn’t
think that people aspire to net their yard. This would allow people to protect themselves while deer
remediation is ongoing. She proposes leaving the ordinance as it is and let people put up over 4 ft of
open fencing anywhere. It wouldn’t create a sight issue such as a hedge does. At the end of the sunset
clause (5 years) the Board would reevaluate the issue. Atty. Guttenberger said that a sunset clause
would give people with non-compliant fences time to take them down. However, if you do this, you
will have to document every fence at every property. Cross said that most or all of the non-compliant
fences would be compliant if the Mayor’s proposal is put forth. There was much discussion about the
height of the fence extensions, along with more discussion on setbacks. Also discussed was the time
that the fences would be allowed to stay up. Trustees Andolina and Crooker agreed that it looks like
there is a lack of commitment to remediation if temporary fencing is allowed. Chairman Harms
reiterated the importance of the Comprehensive Plan process. His sense is that the present ordinance is
inadequate and needs to be looked at and better defined. Trustee Karms commented that one size does
not fit all in this Village. Deer fencing will not last a long time. We are not committing ourselves to a
gated community. Five years is an optimistic time to change things with deer remediation. We also
don’t know how many people will put up a deer fence. Discussion on whether hedges are considered a
fence, and what about people who cannot afford a fence? There are lots of variables that can be
argued…why make it more confusing. Some trustees are troubled with trying to visualize the Village
with fenced in front yards. His biggest concern, according to Trustee Andolina, is if we yield some
ground now, it will be very difficult to reclaim it in 5 years. S. Cunningham asked what recourse the
Village has if a fence is not taken down in 5 years. The resident would be issued an appearance ticket
and be fined by the day. Trustee Riesman said that we are already dealing with not enforcing the law –
it is mind-boggling that the ordinance has gone so long without enforcement. F. Cowett said that the PB
2
discussed changing the setback from 25 ft to 15 ft but 25 ft won out. Questions asked by Mayor Surpon
were: What approach should we take? Should we wait for the Comprehensive Plan or revise the
ordinance now? Is there common ground among the group about backyard fencing? Can a revision of
the fence ordinance be part of the Comprehensive plan? (Yes, it should dovetail into the Comp. Plan.)
The Mayor prefers a sunset clause in the law with time to evaluate down the line. It was agreed that a
larger fence ordinance would be received as part of the Comprehensive Plan. Supron then asked the
trustees how they each felt.
Andolina – not in favor of a temporary deer fence ordinance. Thinks that deer remediation is the answer
and primary goal.
Crooker – no temporary solution and enforce the law as it stands now.
Supron – leave the current ordinance alone and enact a deer fencing ordinance.
At 8:45 pm there was no common ground. All agreed that the ordinance will stay with the
Comprehensive Plan, though. So, at the end of the moratorium, Supt. Cross will enforce the law as it
stands now.
Trustee Szekely agrees with the Mayor’s original proposal.
Trustee Reisman agrees with that except no front yard fence on the property line.
Trustee Karns is good with side and backyard setbacks, but has concerns about the front yard. Would
like to change the setback to 10 ft from 25 ft in the front yard.
Mayor Supron – still supports the same proposal she first proposed but will compromise on changing
setbacks on sides and rear.
Does the Board want Atty. Guttenberger to write up a proposal and present it to the PB to discuss by the
BOT in July? Yes, she will put a draft together and present it to the PB leaving the front yard setback
blank along with what will happen in 5 years. The PB will look at the draft and make a
recommendation to the BOT at their July meeting.
Trustee Andolina moves
Trustee Riesman seconds
Motion to adjourn at 9:05 pm.
Mayor Supron, Trustees Andolina, Crooker, Karns, Riesman and Szekely voted
YES