HomeMy WebLinkAboutSheds and Accessory Structure 10-11-2010.PDFNorma Manning
From: Kate Supron [katesupron@gmail.com]
Sent: Monday, Octoberr 11,2010 2:36 PM
To: VCH-Trustees
Subject: $heds and Accerssory Structures
Please review for discussion of sheds and
information supplements the summary in
Thanks.
Kate
Irorwarded messase
From: Kate Supron <katesn
Date: Mon, Oct 11,2011J at2:33 PM
Subject: R.e: 906 Triphammer
To: Kristin Gutenberger <kgulgn
McClelland <pd!g[@g!rne_ll. ed uP, Bob
Neff <mjneffr..0,,cayuga-lieiehts.n)r.us>,Rand
<ksupron@cayusa-hei ghts. n)r.us>
Thanks Kristin for this comprehensive su
I will forward it to the T'rustees to help infi
meeting.
Best,
Kate
On Fri, Oct 8, 2010 x 3:51 PM, Kristin
Dear All,
the Trustees'discus;sion; Kirk rnay
r0t12l20t0
luate the interpretation request.
Page 1 of5
sory structures at Tuesday's meeting. This
s report.
molar.v.com)
Cc: John Young <.lack(Dyoungbros.com>, B nt Cross <bcross(@cayuea-hei , Peter
rs <bebpowers 1 4850@vahoQ.cpm>, Mary Jane
I Marcus <rmarcus@bgdmlaw.com>, Kate Supron
our discussion of this issue at our l0ll2 Board
berger <keulgnbelger@)b gqlno law. qan> wrote :
I have been in communication with
past few weeks andL it is my understa
Trustees at next Ttresday's meeting.
r Supron regarding this issue ovet the
ing that the topic will be addressed by the
t was our hope that we cor-rld hold off
scheduling aZBA thearing untii we h
about their feeling on the subject in
d a bit more suidance from the Trustees
neral. It was also our hope that based upon
Although, it is our position that the
event Kirk does norr withdraw his req
Since I have not seen the interpreta
actually seeking to interpret. \Uith t
to brief everyone on the issues at ha
free to, and I encourage you to, co
"Sheds", "Accesso4t Buildings" and "
laws. Section 6 - Yard Requireme
followine minimurn dimensions are
requirerients). Section 7 - Building
coverage, the area of any accessory
'lUhat I believe is being debated is w
needs to adhere to set back requirem
buildins" that should be included in
understanding that Brent has not be
as Code Enforcemr:nt Officer so th
location relative to a property line (I
rational as to why he has not been re
explain his position).
'$7hat Mayor Supron and I have bee
situation. a few of 'which are as fol
t. The Village Trustees
passing a llocal Law defining
clearly whLether or not these i
calculations. The Trustees m
prior to pa.ssing such a Local
a Local Law that will be
read and understand is the best
guidance and clarity. Howeve
considere<l. Should the Trustr
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grandfathering all current mo e "sheds". Since the sheds have never been regulated,
Page 2 of 5
illage should proceed with the interpretation in the
L.
n request, X am a bit at a loss as to what Kirk is
t said though, this is probably a good a time as any
that I am aware of at this time. (Brent please feel
me if anything I state is not accurate).
uildings" are not defined under the current VCH
states that "yards free from buildings and of the
uired (it then proceeds with the se?back
overage states that "in computing the buiiding
ildings shall be included in the computation."
ther or not a movable "shed" is a "building" that
nts and also whether or not it is an "accessory
ot coverage calculations. It is also my
regulating any movable "sheds" during his tenure
is no list of how many "sheds" exist or their
m going to step back now from stating Brent's
lating them as I feel he is in the best position to
discussing are potential possibiiities to rectifiz the
y clear up the ambiguities in the cunent VCH code by
ildings", "sheds", "accessory structures" and stating
should adhere to set back requirements and lot coverage
also refer the matter to the Planning Board for comment
w if they choose. It is Randy and my opinion that passing
y incorporated into the Village laws for any resident to
of action. This will give your residents the most
there is an issue of "grandfathering" that should be
pass a Local Law addressing these issues, they will be
they are in essence permitted
law will allow them to remain i
to be resulated and adhere to
z.Another option is to ha
what is the curuent intent of
capacity asr a Village resident (
"sheds" should be included in
there is NO grandfathering of
"sheds" were never legal and
adhere to permitted set backs
Further things for the Trustees to
1.Arn interpretation
entire zoning district, the i
Village laws. Once this admi
there is the potential for the i
written witl still not sive the a
will there ibe definitions relati
vague and ambiguous. Again,
issues cleairly and specifically i
they are re,quired to adhere.
z.If the Trustees decide
determinaiion that the "sheds"
calculatiotrs, how do the Trust
compliant? A list would need
calculations completed and en
aJ.lf there is a new Local
strusture" is, for example the
category a.s a tree house or pl
I am sure there &re: ffIarlv questions
information, and probably many thi
least touch upon the highlights of th
knowledge of the situation before
Have a wonderful
101t212010
holiday weekend!
Page 3 of5
would be grandfathered. Therefore, any change in the
their current location (assuming the Trustees WANT them
back requirements, etc.).
the ZBA make an interpretation (determination) as to
law. This is the route that Kirk has chosen to pursue in his
as an "aggrieved party"). Should the ZBA find that
back requirements and lot coverage calculations, then
existing "sheds". What it basically amounts to is that the
that we know they exist, they should be move<lto
included in lot coverase calculations.
sider:
is tied to a specific property, and although it affects the
ion will not become an official part of the written
tion, officets, and board members change over the years
rpretation to be lost. Additionally, the current law as
resident any clear guidance about these issues - nor
to these items. Basically, the current language will remain
and I feel that creating a Local Law addressing the
the best way for residents to understand the laws to which
to address this issue by Local Law and the ZBA makes a
uld adhere to set back requirements and lot coverage
s want to address the existing "sheds" that are non-
be created fiust like the fences) and then lot coverage
nt actions taken.
w, it should also address what exactly an "accessory
ustees would need to decide if a "shed" is in the same
ground. Would those also be regulated?
d comments that you all have given the above
gs that I could have addressed, but I wanted to at
issues so that the Trustees have some more
discussion on J'uesday evening.
Best regards,
Kristin E. Gutenberger
Associate Attorney
Barney, Grossman, Dubow, Marcus
Ll9 E, Seneca Street, Suite 400
Ithaca, New York 14350
607.273.6841 (P)
607.272.8806 (F)
*Original Message*
From: John Young [mailtorJack@*Y
Sent: Monday, October 04,2010 5:Z
To: Brent Cross; Peter McClelland;
Cc: Mary Jane Neff; Randall Marcus;
Subject' Re: 906 Triphammer
Brent,
I appreciate the surmmary, and agree
to be looked into. My feeling is that
here, but we can't be scared off bv th
request. Kirk does have a great deal
and we're forfunate to have him on
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ur board. That being said, he has
Page 4 of5
OrKin, LLP
PM
m8@cornell.edu: Bob Powers
Kate Supron; Kristin Gutenberger
hat the issues you noted ought
need to proceed carefully
fact that it's an unusual
f experience in ZBA matters,
a style that may offr:nd people on ion. and we don't want that to
impact our thinking here. It's not rea
. I think it's more case of us having a
that will continue to throw up issues
reviewed and rewritten holistically.
ly Kirk vs your interpretation
of antiquated zoning laws
ike this until they can be
Mary Jane, if you can give us some ring date options to consider
while Kristin works up her recomme
to proceed either way. Thanks again,
ations, hopefully we can be ready
Page 5 of5
Jack
t0lt2l20r0