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HomeMy WebLinkAboutZBA Draft Minutes 1-9-23 1 ZONING BOARD OF APPEALS January 9, 2023 Zoom Link ID4118425407 Present: ZBA Chair: L. Staley, Members: R. Parker, M. Friend, M. Tate & Deputy Clerk A. Jacot Zoom: Attorney R. Marcus Absent: Code Enforcement Officer B. Cross Members: S. Barnett & D. Szpiro 1. Call to order ZBA Chair, L. Staley calls the meeting to order at 7:00 p.m. 2. Approval of Meeting Minutes: August 1, 2022 ZBA Chair, L. Staley, informed the board of a question that had come from the neighbor adjacent to 108 Warwick Place. The neighbor wanted clarification that the August 1, 2022 minutes are, in fact, stating that the asphalt North and West of the new garage will be permanently removed. ZBA Chair, L. Staley, pointed out, then read, two sections from the August 1, 2022 minutes that specifically pertain to this matter. Page 3: The architect as well as the Leonardo Family explained that this particular section of the asphalt will be removed as it will no longer be needed. Page 5: BE IT FURTHER RESOLVED THAT: The Village of Cayuga heights Zoning Board of Appeals grants the Area Variance request of R. Leonardo, owner of 108 Warwick Place, Ithaca, NY 14850 with a condition that all is built substantially as given in the application, and all asphalt North & West of the face of the new garage will be permanently removed. BE IT RESOLVED THAT: The Village of Cayuga Heights Zoning Board of Appeals approves the August 1st, 2022 minutes as presented. Motion: R. Parker Second: M. Tate Ayes: ZBA Chair, L. Staley Members: R. Parker & M. Tate Nays: None Abstentions: M. Friend 2 Motion carried 3. Public Comment: No members of the public wish to speak. • ZBA Chair, L. Staley, stated that there was one item on the agenda tonight. It is a resolution concerning the use of videoconferencing to conduct ZBA meetings. 4. Resolution Providing for Videoconference Participation: RESOLUTION OF THE VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS AUTHORIZING THE USE OF VIDEOCONFERENCING FOR THE CONDUCT OF ZONING BOARD OF APPEALS MEETINGS WHEREAS, as of April 9, 2022, the previous videoconferencing provisions found in Public Officers Law § 103(c) were removed, and public bodies wishing to conduct meetings via videoconference must comply with the new requirements of Public Officers Law § 103‐a; and WHEREAS, Public Officers Law § 103‐a(2) authorizes public bodies to conduct meetings using videoconference technology so long as a quorum of the public body is physically present at one or more of the locations where the public can also attend in person; and WHEREAS, in order for public bodies to conduct meetings via videoconferencing, certain requirements of Public Officers Law § 103‐a(2) must be satisfied; and WHEREAS, among the requirements of Public Officers Law § 103‐a(2) is that the public body must adopt a local law or a resolution after a public hearing authorizing the use of videoconferencing for itself and its committees or subcommittees; and WHEREAS, the Zoning Board of Appeals of the Village of Cayuga Heights desires to authorize the use of videoconferencing for itself; and WHEREAS, the Zoning Board of Appeals has conducted a public hearing to hear comments on the use of videoconferencing to conduct public meetings; 3 NOW, THEREFORE, be it resolved by the Zoning Board of Appeals of the Village of Cayuga Heights as follows: 1. The Zoning Board of Appeals of the Village of Cayuga Heights is hereby authorized to conduct meetings via videoconferencing in accordance with the requirements of Public Officers Law § 103‐a(2), including, but not limited to: A. A quorum of members of the Zoning Board of Appeals must be physically present at one of the meeting locations at which the public can attend in person unless the member is unable to be physically present due to extraordinary circumstances, which include disability, illness, caregiving responsibilities, or any other significant or unexpected factor or event which precludes the member's physical attendance at such meeting. B. Except in the case of executive sessions conducted pursuant to Public Officers Law § 105, the Zoning Board of Appeals shall ensure that members of the Zoning Board of Appeals can be heard, seen, and identified while the meeting is being conducted, including but not limited to any motions, proposals, resolutions, and any other matter formally discussed or voted upon. C. The minutes of meetings involving videoconferencing must include which, if any, members participated remotely and must be made available to the public pursuant to Public Officers Law § 106. D. The public notice for the meeting must (i) inform the public (a) that videoconferencing will be used, (b) where they can view and/or participate in such meeting, and (c) where required documents and records will be posted or available, and (ii) identify the physical location(s) where members of the Zoning Board of Appeals will be participating in the meeting and where the public can attend the meeting in person. E. The Zoning Board of Appeals must record each meeting that uses videoconferencing, and such recordings must be posted or linked to on the public body’s website within five business days of the meeting. The recordings must remain available for a minimum of five years thereafter, and recordings must be transcribed upon request. F. At meetings where public comment or participation is authorized, members of the public must be able to participate in the proceedings via videoconference in real time. G. If the Zoning Board of Appeals broadcasts its meetings or conducts its meetings via videoconference, it must use technology that permits members of the public with disabilities to access the video in a manner consistent with the 1990 Americans with Disabilities Act (ADA). ZBA Member, M. Friend, inquires as to how this will look during a ZBA meeting. ZBA Chair, L. Staley, explains that, in the future, once this resolution is passed, the ZBA still requires an in- person quorum. ZBA members may join via videoconference, under exceptional circumstances, if the required quorum is present. 4 Village Attorney, R. Marcus, explains that the main purpose of this resolution is to give the public the opportunity to attend the meeting via videoconference. A benefit for the public. Also, that adopting this resolution is due to the NYS Governor’s executive order expiring. Village Attorney, R. Marcus, reiterated that as long as there is a quorum at a fixed, public location, other members of the board may be able to attend virtually, however, there would have to be a good reason for not attending in person. Motion: R. Parker Second: M. Friend Ayes: ZBA Chair, L. Staley Members: R. Parker, M. Friend & M. Tate Nays: None Abstentions: None 5. New Business: No new business at this time. 6. Adjournment: ZBA Chair, L. Staley, adjourns the meeting at 7:05 pm