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HomeMy WebLinkAbout9.28.2015 Planning Board Minutes.pdf1 Village of Cayuga Heights Planning Board Meeting #56 Monday, September 28, 2015 Marcham Hall – 7:00 pm Minutes Present: Planning Board Members Chair F. Cowett, G. Gillespie, D. Hay, and R. Segelken Code Enforcement Officer B. Cross, Deputy Clerk A. Podufalski, Attorney R. Marcus Phi Mu Executive Director-Darlene Reyes, Phi Mu Financial and Accounting Services Comptroller-Tim O’Rourke Members of the Public Item 1 – Meeting called to order  Chair F. Cowett opened the meeting at 7:06 pm. Item 2- August 24, 2015 Minutes  After clarification was received from Phi Mu Executive Director Darlene Reyes, Chair F. Cowett suggested a change to page 2 of the minutes. The minutes shall read that Phi Mu “has previously not had a chapter house at Cornell.” Motion: D. Hay Second: R. Segelken RESOLUTION No. 159 APPROVING MINUTES OF AUGUST 24, 2015 RESOLVE, that the written, reviewed and revised minutes of the August 24, 2015 meeting are hereby approved. Aye votes – Chair F. Cowett, G. Gillespie, D. Hay, and R. Segelken Opposed- None Item 3- Public Comment  No members of the public wished to comment. Item 4- Public Hearing- 520 Wyckoff Road  Dorothy Shaffer of 518 Wyckoff Rd. expressed her opposition to the proposed project. She stated concerns with respect to parking and traffic, safety of student pedestrians 2 due to the lack of a sidewalk on that block of Wyckoff, noise disturbance and loss of privacy, and possible reduction in neighborhood property values. She also stated she did not feel that adequate notice was provided to neighbors prior to the hearing. She provided pictures to the Board illustrating her current view of the property. A written statement was submitted for the record. 3 4 5 6 7  Kathryn Mapes of 516 Wyckoff stated her concerns regarding noise disturbance. She asked who would be responsible for enforcing the rules of the sorority house. She also stated her concern for decreased neighborhood property values following change in usage to a sorority.  Ellen Zaslaw of 109 Cayuga Heights Rd. shared her concerns over n oise disturbance, a change in neighborhood character due to increased student housing, and the potential for students trespassing on her property.  Real Estate agent Susan Lustick stated that other potential buyers who considered purchasing the house for use as a single family residence were concerned about the house’s location in the Multiple Housing District and the effect of mixed use in the neighborhood on the value of a single family residence.  Henry Richardson of 104 Overlook Rd stated his agreement with many of the previous comments. He acknowledged that, when he was on the Planning Board and helped write the Village’s current comprehensive plan, the Board sought to accommodate new density in the Village. However, increased density and occupancy proved antithetical to the desires of most Village residents. He expressed concerns that the sorority would not simply increase neighborhood density, but over time would change neighborhood character.  Stephen Tien of 518 Wyckoff stated agreement with the comments made by his spouse, Dorothy Shaffer.  Chair F. Cowett read a letter received from resident Village Jim Gilmore in opposition to the project. A copy was entered into the record. 8  G. Gillespie read an email from resident Jill Kimball opposing the project in which she references the original letter from Dorothy Shaffer. A copy was entered into the record. 9  G. Gillespie read an email from Carol Battisti opposing the project. A copy was entered into the record. 10  Chair F. Cowett read an email from Barbara Turgeon of 522 Wyckoff Rd opposing the project. A copy was entered into the record. 11  G. Gillespie read an email received by Dorothy Shaffer from Laura Muscalu opposing the project. A copy was entered into the record. 12  Code Enforcement Officer B. Cross read a letter he received from Edward Marx of the Tompkins County Department of Planning regarding their review of the project pursuant to Section 239 of NYS General Municipal Law. The letter states the proposed project would not have a negative inter -community or county-wide impact. 13  Code Enforcement Officer B. Cross spoke to the Board regarding his responses to some of the comments made during the public hearing. a) Multiple housing is allowed in the Multiple Housing District the entire Village allows for 2 family homes. The Multiple Housing District in the Village, which allows for a greater number than 2-family occupancy, has been part of Village regulations since 1953. Currently, there is no specif ic limitation on density in this district. He stated that potentially anyone could purchase a house in the Multiple Housing District, tear it down, build a maximum footprint building, and house as many people as the building would allow under the Building Code. b) Parking site plan review would be required before any new pavement for parking could be be added to the front of the property. c) Stormwater runoff if any proposed project on the property could result in storm water runoff issues, the Planning Board would have the authority to review the project for approval. d) Traffic increases it is the responsibility of the Village to address issues regarding public infrastructure. The Village may choose to install a sidewalk in that area if an increase in pedestrian traffic warrants it. e) Fire safety  the applicant has stated there are no current plans for new construction. If the site plan is approved, the property would be subject to an official application for a change of occupancy and the applicant would have to demonstrate compliance with existing building codes or a building performance evaluation. Once the home is changed to a sorority from a single family home, it would be subject to annual fire inspections. f) Trash removal  the applicant stated at the last meeting that a dumpster was not anticipated. g) Sidewalk maintenance  the Village Department of Public Works is responsible for all sidewalk maintenance. h) Historic value  the property is located within the Cornell Heights Historic District. However, the Village currently does not have regulations associated with this district.  Henry Richardson questioned set back requirements. Code Enforcement Officer B. Cross explained that the home was built prior to the 1953 setback regulation and was therefore grandfathered and not subject to the dimensional requirements of the Village Zoning Law. Motion: D. Hay Second: R. Segelken RESOLUTION No. 160 TO CLOSE THE PUBLIC HEARING 14 RESOLVE, that the public hearing regarding the site plan review for the proposed project at 520 Wyckoff Rd. is hereby closed. Aye votes – Chair F. Cowett, G. Gillespie, D. Hay, and R. Segelken Opposed- None Item 5- Site Plan Review- 520 Wyckoff Road The applicant provided Part 1 of the Short Environmental Assessment Form. 15 16  The Board reviewed the applicant’s responses to the questions in Part 1.  Attorney R. Marcus informed the Board that the answer to question #9 regarding state energy code requirements states “Unknown.” He advised this should in fact state that the question is Not Applicable (NA). He also discussed question # 12 regarding historic landmarks. The NYS DEC EAF Mapper used in answering Part 1 questions automatically selected the property as a registered historic property. He noted that the property is actually not listed as a historic property, whether under State, Federal, or local criteria, and this was an error.  The Board answered the questions on Part II of the Short Environmental Assessment Form. 17  During the discussion, Code Enforcement Officer B. Cross stated disagreement with the Board’s finding of a moderate to large impact on traffic. He also stated that the parking lot where the sorority has arranged to lease spaces is located within Village boundaries.  Dorothy Shaffer questioned why the sorority was not purchasing a vacant fraternity house located on Highland Road in the Village. Code Enforcement Officer B. Cross stated the property is not for sale. He also stated that there are three other sororities in the Village and police and fire services have not been burdened by them. 18 Motion: R. Segelken Second: G. Gillespie RESOLUTION No. 161 TO DETERMINE PROPOSED ACTION WILL NOT RESULT IN AN ADVERSE ENVIRONMENTAL IMPACT. RESOLVE, that the Village of Cayuga Heights Planning Board has determined that the proposed project at 520 Wyckoff Rd. will not result in any significant adverse environmental impacts. Aye votes – Chair F. Cowett, G. Gillespie, D. Hay, and R. Segelken 19 Opposed- None  A member of the public supported the earlier comment that adequate notice was not provided prior to the hearing. Code Enforcement Officer B. Cross stated that the amount of notice as required by law was provided.  The Board discussed their potential decision options regarding site plan approval.  D. Hay suggested that Phi Mu representatives should have an opportunity to speak with neighborhood property owners to address their concerns and answer questions. The Board discussed if a vote should be postponed until the next meeting in October. Motion: R. Segelken Second: D. Hay RESOLUTION No. 162 TO ADJOURN THE BOARD’S CONSIDERATION OF THE SITE PLAN UNTIL THE NEXT MEETING. RESOLVE, that the Village of Cayuga Heights Planning Board adjourns consideration of site plan approval for the proposed project at 520 Wyckoff Rd. until the October 26, 2015 meeting. Discussion- the Board acknowledged the project is an allowed use under the Village’s current Zoning Ordinance; however, the Board also recognizes important public concerns regarding this project, especially since, while up to 16 students might reside in the sorority, the chapter has more than 100 members all of whom would be entitled to visit and use the chapter house. Chair F. Cowett read from the Village’s Zoning Ordinance Section 24 a list of factors that the Board shall consider for land use in the Multiple Housing and Commercial Districts in site plan review. Aye votes – Chair F. Cowett, G. Gillespie, D. Hay, and R. Segelken Opposed- None  Phi Mu representatives and neighborhood property owners exited the meeting. Item 6- Other Business  Code Enforcement Officer B. Cross informed the Board he has received an application for a property in the Multiple Housing District on Dearborn Place to change the use of a single family dwelling to a sobriety affinity house. The Board discussed whether such a change would be considered an allowed use in this district. Attorney R. Marcus suggested that the current Village Zoning Ordinance may not permit this type of use. 20 Code Enforcement Officer B. Cross and Attorney R. Marcus will discuss in further detail whether this is an allowed use prior to the next Board meeting.  Phi Mu representatives Darlene Reyes and Tim O’Rourke returned to the meeting to discuss a conversation with neighborhood property owners outside of the meeting. They stated the conversation was initially cordial, but that the individuals they spoke with remain adamantly opposed to the project. They acknowledged that the sorority will increase neighborhood noise and traffic. They further acknowledged that, while a House Director will reside on site and sorority rules are strict, no guarantee can be made concerning student behavior. Lastly, they reminded the Board their purchase of the property is contingent upon the Board’s site plan approval and will await the Board’s decision at the next meeting. Motion: G. Gillespie Second: R. Segelken RESOLUTION No. 163 TO ENTER INTO EXECUTIVE SESSION RESOLVE, that the Village of Cayuga Heights Planning Board enter into a private attorney/client discussion at 10:32 pm. Aye votes – Chair F. Cowett, G. Gillespie, D. Hay, and R. Segelken Opposed- None Motion: D. Hay Second: G. Gillespie RESOLUTION No. 164 TO EXIT EXECUTIVE SESSION RESOLVE, that the Village of Cayuga Heights Planning Board exit Executive Session at 10:47 pm. Aye votes – Chair F. Cowett, G. Gillespie, D. Hay, and R. Segelken Opposed- None Item 7 – Adjourn Meeting adjourned at 10:47 pm.