HomeMy WebLinkAbout11.25.2024 Minutes1
Village of Cayuga Heights Planning Board
Meeting #124
Monday, November 25, 2024
Marcham Hall – 7:00 pm
Minutes
Present: Planning Board Members Chair F. Cowett, M. McMurry, E.Quaroni, R. Segelken
Code Enforcement Officer B. Cross
Deputy Clerk A. Jacot, Alternate Member M. Johnston, Mayor L. Woodard
R. Kawecki, Bousquet Holstein PLLC
H. Lee, Warren Real Estate
Members of the Public
Item 1 – Meeting called to order
• Chair F. Cowett opened the meeting at 7:00 pm.
• Chair F. Cowett stated that J. Leijonhufvud is absent and appointed Alternate
Member M. Johnston a full voting member for the meeting; Attorney R. Marcus is
absent; R. Kawecki, Bousquet Holstein PLLC, is attending the meeting via Zoom and
is able to provide the Board with legal advice if needed.
• Chair F. Cowett welcomed three students from Ithaca High School who are attending
the meeting as a requirement for a class.
Item 2 – October 28, 2024 Minutes
• The Board reviewed the minutes of the October 28, 2024 meeting.
Motion: R. Segelken
Second: E. Quaroni
RESOLUTION No. 415
APPROVING MINUTES OF OCTOBER 28, 2024
RESOLVED, that the written, reviewed and revised minutes of the October 28, 2024
meeting are hereby approved.
Aye votes – Chair F. Cowett, M. Johnston, M. McMurry, E. Quaroni, R. Segelken
Opposed – None
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Item 3 – Planning Board Meeting – December
• Chair F. Cowett stated that next meeting of the Planning Board is scheduled for
Monday December 23; some Board members are unable to attend on that date, but
would be able to attend a meeting on Monday December 16.
• Board members agreed to reschedule the next Board meeting from December 23 to
December 16 at 7:00 pm.
Motion: M. Johnston
Second: E. Quaroni
RESOLUTION No. 416
RESCHEDULING DECEMBER 2024 PLANNING BOARD MEETING
RESOLVED, that the next meeting of the Cayuga Heights Planning Board shall be
rescheduled from December 23, 2024 to December 16, 2024 at 7:00 pm at Marcham Hall.
Aye votes – Chair F. Cowett, M. Johnston, M. McMurry, E. Quaroni, R. Segelken
Opposed – None
Item 4 – Public Comment
• G. Tierney, 408 Highland Road, stated that she is interested in the Quality of Life and
Community Character sections of the Comprehensive Plan because they both pertain
to community values; a questionnaire made available to Village residents would
inform the Board about those values most important to residents and would hopefully
result in greater emphasis on sustainability in the updated Comprehensive Plan as
compared to the 2014 Plan.
Item 5 – Subdivision – 634 Highland Road
• Chair F. Cowett stated that an application has been submitted to subdivide the
property at 634 Highland Road; H. Lee, Warren Real Estate, who is attending the
meeting via Zoom, represents the applicant, Philipp Kircher, and has provided a
preliminary subdivision plan with contour lines drafted by T.G. Miller; the plan
shows the proprosed boundaries of parcel A and Parcel B, an existing house, garage
and shed on Parcel B, and the locations of an intermittent stream and sewer easement
running through both parcels.
• Chair F. Cowett further stated that calculations provided by Code Enforcement
Officer B. Cross to the Board establish that Parcel A has an average width of 131.66’
and an average depth of 150.75’ which is compliant with § 305-21 of the Village’s
Zoning Law; Parcel B has an average width of 151.46’ and an average depth of 159.64’
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which is also compliant with § 305-21; lot coverage of Parcel B is 5.3% which is less
than 12% and therefore complaint with § 305-20.A of the Village’s Zoning Law.
• Chair F. Cowett further stated that the existing garage on Parcel B is 9.7’ from the
northern lot boundary which is less than the 15’ side yard setback required by § 305-
19.A of the Village’s Zoning Law; a 1930 drawing by Carl Crandall provided by the H.
Lee shows the location of this garage existing at that time; its location therefore
predates the Village’s initial Zoning Law of 1953 and represents a pre-existing non-
conforming zoning condition that is allowed under § 305-10 of the Village’s current
Zoning Law so long as it remains compliant with the subsections of § 305-10 which
includes no further enlargement.
• Chair F. Cowett further stated that the overall slope of Parcel A is calculated to be
approximately 8.33% with a maximum of approximately 13.33%; the subdivision plan
provided by the applicant shows a buildable area for residence construction with a
grade less than 25% and for a driveway with a grade less than 10%; if built upon, the
slope of this area would comply with the requirements of the Village’s Zoning Law.
• M. McMurry asked about shed in Parcel B shown in the subdivision plan.
• Code Enforcement Officer B. Cross replied that the shed complies with the Village’s
Zoning Law with respect to size, non-occupancy, and lack of a permanent foundation;
it should also be at least 3 feet from the property line and, if closer, must be moved.
• Code Enforcement Officer B. Cross further stated that the final subdivision plan needs
to locate and show the top of the embankment of the intermittent stream in order to
define a 20 foot stream buffer; it is likely that the sewer easement is located within
that buffer; the 1956 right-of-way agreement for the easement does not specify the
dimension of the right-of-way’s width; it only states that the Village will restrict its
operation to the minimum feasible width of the right-of-way; Attorney R. Marcus has
provided language for a note concerning the easement that T.G. Miller will need to
include in the final subdivision plan which he will forward to H. Lee.
• M. McMurry asked if the final subdivision plan should also show the location of the
intermittent stream buffer.
• Code Enforcement Officer B. Cross replied that showing the location of the stream
buffer would be helpful.
• M. Johnston asked about the NYSEG easement shown in Parcel B for an above ground
electric line leading from Highland Road to the existing house and whether this is
typical for parcel maps.
• R. Kawecki, Bousquet Holstein PLLC, replied that this type of easement isn’t always
shown in a parcel map, but it should be.
• M. Johnston asked if the electrical line could possibly be extended from the house in
Parcel B to any house to be built on Parcel A.
• H. Lee replied that a house built on Parcel A would more likely run its own
underground electrical line in from Cayuga Park Road rather than extend the above
ground line in Parcel B.
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• H. Lee asked if any notes included in the final subdivision plan would constitute a
deed restriction.
• R. Kawecki, Bousquet Holstein PLLC, replied that it would not.
Motion: R. Segelken
Second: M. McMurry
RESOLUTION No. 417
TO ACCEPT THE PROPOSED PROJECT AT 634 HIGHLAND ROAD AS A
MINOR SUBDIVISION
RESOLVED, that the Planning Board accepts the proposed project at 634 Highland Road as a
minor subdivision for subdivision review.
Aye votes – Chair F. Cowett, M. Johnston, M. McMurry, E. Quaroni, R. Segelken
Opposed – None
• The Board discussed the project in relation to the State Environmental Quality
Review Act (SEQRA) and whether to categorize the project as a Type I, Type II, or
Unlisted SEQRA action.
• Chair F. Cowett stated that the project does not meet the criteria of a Type I action,
nor does it conflate with any of the Type II actions not requiring further SEQRA
review contained within § 617.5.C of the Codes, Rules, and Regulations of the State of
New York; therefore, the project should be categorized as an Unlisted SEQRA action
requiring SEQRA review.
Motion: E. Quaroni
Second: R. Segelken
RESOLUTION No. 418
SEQRA REVIEW OF THE PROPOSED MINOR SUBDIVISION AT
634 HIGHLAND ROAD
RESOLVED, that the Planning Board declares itself lead agency for SEQRA review of the
proposed minor subdivision at 634 Highland Road which the Board categorizes as an
Unlisted SEQRA action and the property owner is to complete Part 1 of the Short
Environmental Assessment Form.
Aye votes – Chair F. Cowett, M. Johnston, M. McMurry, E. Quaroni, R. Segelken
Opposed – None
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• Chair F. Cowett stated that he would provide H. Lee with a copy of Part 1 of the
Short Environmental Assessment Form for the applicant to fill out and sign.
Motion: M. Johnston
Second: M. McMurry
RESOLUTION No. 419
TO HOLD A PUBLIC HEARING ON THE PROPOSED MINOR SUBDIVISION AT
634 HIGHLAND ROAD
RESOLVED, that a public hearing will be held on December 16, 2024 at 7:10 pm regarding
the subdivision review for the proposed minor subdivision at 634 Highland Road.
Aye votes – Chair F. Cowett, M. Johnston, M. McMurry, E. Quaroni, R. Segelken
Opposed – None
• Code Enforcement Officer B. Cross stated that public notice of the public hearing to
be held at the Board’s December 16 meeting would go out at least ten days prior to
that meeting.
Item 6 – Comprehensive Plan Update
• The Board resumed its discussion on updating the Village’s Comprehensive Plan.
• M. McMurry stated that the Board should postpone its discussion of the Quality of
Life and Community Character sections of the Comprehensive Plan in the absence of
J. Leijonhufvud; the Board shoud consider whether discussion of Comprehensive Plan
sections dealing with community values should be postponed until after the Board
receives feedback from Village residents via a survey about those values most
important to them.
• Mayor L. Woodward stated that Survey Monkey is available to the Board to conduct a
survey of Village residents.
• R. Segelken stated that Survey Monkey pertains to the mechanics of doing a survey;
the Board needs to focus on the questions to be included in a survey.
• M. Johnston stated that there are many examples of surveys conducted in other
municipalities, especially pertaining to sustainability; he will research the questions
included in those surveys and will share those with the Board prior to its next
meeting.
• The Board agreed to postpone further discussion of the Comprehensive Plan until the
December 16 meeting and to focus on potential survey questions at that meeting.
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Item 7 – New Business
• Chair F. Cowett stated that the next meeting of the Planning Board will be held on
Monday December 16 at 7:00 pm at Marcham Hall.
Item 7 – Adjourn
• Meeting adjourned at 7:58 pm.