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HomeMy WebLinkAbout2019-02-28Planning Board February 28, 2019 Page 1 of 4 TOWN OF DRYDEN PLANNING BOARD February 28, 2019 Present: John Kiefer, Chair, Thomas Hatfield, Joseph Wilson, Craig Anderson, Martin Hatch, Deborah Cipolla-Dennis, James Skaley (alternate), Tony Salerno (alternate) Other Town Staff: Bambi Avery, Town Clerk Khandikile Sokoni, Town Attorney Ray Burger, Planning Director Absent: David Weinstein Liaisons: Alice Green (Town Board), Craig Schutt (Conservation Board), Dan Lamb (Town Board) Chair John Kiefer opened the meeting at 7:00 p.m. He noted the Town’s attorney would be addressing the role of the Planning Board and several topics that various board members are interested in discussing. Public Comment Bruno Schickel – I know you’re starting work on the Comprehensive Plan and I would ask that you consider some things that need to be addressed. • The primary thing, in my opinion, you should be thinking about is affordability. In everything that you do I think you must think, what is the economic impact and affordability for both housing and businesses? • There is a new term being coined a lot called “the missing middle in housing” the point being how can we build housing for the middle class. Affordability. • Where development happens and what we can do to bring greater development to the Dryden School District area. Right now, Dryden School District is probably $6-$7 a thousand more than people that live in Dryden but are in the Ithaca City School District. • How we can do things that might support development and tax base growth in the Dryden School District. • If you should make an “anything goes” zone in Dryden. Where development is encouraged and people know it’s a mixed-use area. If you try to change zoning in an existing area with existing building there will be resistance from everybody. • Most people today want the walkability environment to live in. That can only happen if you have density. And it can only happen if you have a place to walk from your house to a store, business, work. You have to mix all those things together and bring them in tight enough where it will happen. I am going to give this information to Ray Burger, as it might be a good resource - National Association of Home Builders publishes case studies such as: Creating housing for all, and new opportunities for affordable housing. A resource to think about how these things impact us. Planning Board February 28, 2019 Page 2 of 4 David Bravo-Cullen - My daughter lives in Texas in a high-growth area. They bought a house in a neighborhood where the lots are 1/8th acre, very high density, has a park and playground, very walkable. Wanted to reinforce what B. Schickel had stated. Shirley Lyon – July 17, 2017 we asked the Town Board for some parcels to be rezoned that went from residential to mixed use and there have been multiple problems with surface water flooding, lack of water underneath (200-300’ wells only producing only 1 ½ -3 gallons). I ask that any of the Planning Board members to drive up Mineah Road and look to the West side to see the steepness and the re- routing of the water. I want to thank Mr. Anderson and Mr. Hatfield, you were very inclusive when talking about the Comprehensive Plan about having round tables and talking to the people. When you use your terminology, you lose us. Maybe break it down a little more for the public so they can understand what you are taking about. Use an outline of terms that the Planning Board uses. Ben Curtis, Zoning Board of Appeals (ZBA). I wanted to raise a couple of issues that have come up in our meetings a couple of times. 1. Concerned with the administrative sub-division procedure, where sub-divisions are approved by the planning commissioner as opposed to going through the Planning Board. I’m hoping that the Board will consider proposing that the Town of Dryden bring their procedures more in line with the Town Law 276, which would make that a Planning Board responsibility. We’ve dealt with some variances but it has been an awkward situation where the ZBA has had to try to weigh in on sub-divisions that were approved at the administrative level. Can’t find basis for allocating that to an administrative official. 2. I’ve been on the ZBA for many years now and I can’t tell you how many variances we’ve dealt with regarding front yard setbacks. Weighing community benefit vs burden on applicant it is difficult to know what the community benefit is. Approval of Minutes M. Hatch made a motion to approve the minutes of January 24, 2019, seconded by T. Hatfield – all in favor. February 7, 2019 minutes • J. Wilson – There is one comment, that there is no substantial change to the SEQR laws as a result of the 2018 legislation. He does not believe that is entirely accurate. I know the Khandi is going to offer some information about the amendments tonight, very late, I emailed a suggestion for an amendment. I think we need to more accurately state how the SEQR law has changed because of state legislative action. • J. Kiefer – So your proposed changes to the minutes was a quote out of the SEQR handbook? J. Wilson – Yes, referring to a particular change in the regulations. The regulation, as I understand it, says if we are doing EIS we must consider climate change and its effects. • C. Anderson has a few questions so it was decided approval or changes to the February 7th minutes will be put off until next month. • B. Avery – One change suggested by R. Burger was in the table under #18, where it says Section 8 housing be changed to read affordable. Other Business J. Kiefer – One week from today the building energy committee will present their proposed additions to comprehensive plan (March 7 at 7:00 p.m.). These are a fairly narrow set of additions to the Planning Board February 28, 2019 Page 3 of 4 comprehensive plan focused on building energy and sustainability. The purpose of the meeting is to seek feedback from the public. The effort of the building energy committee is different than the topic that was mentioned earlier – update to the comprehensive plan – which is a general update, and will involve a very large public outreach and a survey. J. Wilson – the building energy subcommittee of the planning board meetings are public posted and typically occur every other Monday at 11:00 am or 11:30 am. PRESENTATION BY KHANDIKILE SOKONI Khandi did a PowerPoint presentation and reviewed associated handouts: See attachments: Town of Dryden Planning Board Training (PowerPoint Presentation and Handout) SEQRA Amendments Are Now In Full Effect (Handout) Code of Ethics (Handout) Legal Case Examples (Handout) In addition to the PowerPoint presentation the following items were discussed: If there is a discrepancy in comprehensive plan and zoning law, Khandi would recommend that it be brought to the attention of the legislative body (Town Board) with a recommendation for change. If there is a conflict of interest, a board member should recuse themselves. It is allowable for one board member to challenge another. Ethics questions could be presented to the County’s ethics board in absence of us having our own ethics board. Planning Board can advise/recommend to Town Board without having to have the Town Board request their input. Requests and recommendations between the Town Board and Planning Board are best done by resolution. J. Kiefer would like everyone to think about a couple of things: • Our training budget is small and if people are interested in attending the Planning Federation Conference (at a roughly $800 cost), we could possibly alternate someone attending each year. If needed, we can go back to the Town Board to request more money. • We need to think about whether we want to move our meeting time up to 6:00 pm and possibly on the 2nd Tuesday of the month so we have extra time before the Town Board meets. • Small scale wind ordinance, please come to the next meeting prepared to give feedback on this topic. The next Planning Board meeting will be on March 28th at 7:00 p.m. Planning Board February 28, 2019 Page 4 of 4 C. Anderson inquired of S. Lyons if she would be available to give Planning Board members a tour of the issues on Mineah Road and she is willing to do that. There being no further business, the meeting was adjourned at 9:30 p.m. Respectfully submitted, Bambi L. Avery TOWN OF DRYDEN PLANNING BOARD TRAINING © February 28, 2019 By: Khandikile M. Sokoni -True, Walsh & Sokoni, LLP, Ithaca, New York Tel: 607.273.2301 Email: kms@truewalshlaw.com © February 2019 Introduction Main goal: Overview of the role, duties and responsibilities of the Planning Board. Recent Legislative Updates (New SEQRA Rules/Regulations). 2018 Amendments. Review List of questions from PB. Disclaimer: Not intended as legal advice for a specific project or set of facts. Training designed as a general overview. Overview Part 1: Going to the Source ◦Statutory Authority & Jurisdiction of Planning Boards. ◦Hierarchy of Sources of Authority. Part 2: Specific Duties of Planning Boards. ◦Terminology & Significance. ◦LIMITATIONS ON AUTHORITY –SHALL * MAY Part 3: Review Legislative Updates (SEQRA 2018 Amendments & Questions Presented by Planning Board. ◦[Refer to List] Part 1: Going to the Source Hierarchy of Sources of Authority. NY Constitution Town Law Dryden Laws (Local Laws/Ordinances/Resolutions) Statutory Authority & Jurisdiction of Planning Boards. ●NY Town Law §271; §274-a; §276; §277 ●Dryden Zoning Law Article XV (§1501 et. seq.) ●Dryden S/D Law Part 1:Statutory Authority cont’d What does the statute say? How have the courts interpreted the statutes? The Record. The Record. The Record. WHAT DOES THE STATUTE SAY? P/B Action/Review of Subdivision Application Relevant Statutory Authority -Subdivision Review.-NY Town Law 276(1): “…for the purpose of providing for the future growth and development of the Town and affording adequate facilities for the housing, transportation, distribution, comfort, convenience, safety, health and welfare of its population. -PB may consider whether land can be used safely for building without danger to health or peril from fire, flood, drainage or other menace to neighboring properties or public health/safety/welfare. NY Town 277(1): “Before the approval by the Planning Board of a plat…the Planning Board shall require that the land shown on the plat be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, drainage or other menace to neighboring properties or the public health, safety or welfare”. -PB shall consider means of ingress/egress are included in development plan. -NY Town Law 277(2)(a) . WHAT DOES THE STATUTE SAY? P/B Action/Review of Subdivision Application Relevant Statutory Authority -PB shall consider whether fire protection concerns are addressed. -NY Town Law §277(8). -The prospective character of the development is taken into account. NY Town Law 277(5). -Except in the case of cluster development, the project complies with the municipal zoning ordinance of local law, if any. -NY Town Law 277(3). -Definitions: › Subdivision: NY Town Law §276(4)(a): “…the division of any parcel of land into a number of lots, blocks, or sites as specified in a local ordinance, law, rule or regulation, with or without streets or highways for the purpose of sale, transfer of ownership or development. The term “subdivision” may include any alteration of lot lines …Subdivisions may be defined and delineated by local regulation, as WHAT DOES THE STATUTE SAY? P/B Action/Review of Site Plan Application Relevant Statutory Authority -Site Plan Review -Town Board may authorize the planning board of any other administrative board to review site plans prepared in connection with local ordinance, law, rule or regulation. Dryden Town Board authorizes the PB to review site plans that are not connected to a Special Use Permit application. NY Town Law §274-a(2)(a) Dryden Zoning Law §1101(C) -Building-mounted solar energy systems shall be exempt from Site Plan Review and Special Permit process UNLESS it will increase height of the structure by 6 feet or more in which case Planning Board conducts site plan review. -Dryden “Solar Law” Renewable Energy Facilities Law. -Definitions: ›Site plan:“A rendering,drawing,or sketch prepared to specifications and -NY Town Law §274-a(1). -[Almost identical definition in Dryden Illustration Hypothetical. Developer submits a site plan application to construct a 60-space parking garage in the Town.The Code Officer has determined that the use is allowed in the zoning district although some Planning Board members disagree.The Planning Board (grudgingly)approves site plan BUT makes it clear in the record that this kind of use may not be allowed by the Zoning Law.Unhappy neighbors bring an Article 78 proceeding challenging the site plan approval and succeed in getting an injunction.The judge denies the parts of the Article 78 proceeding that challenged the site plan approval,but grants the part of the petition that alleged that the parking garage use is not permitted by the local Zoning Law. Questions? ◦Can the Planning Board deny site plan approval if it feels the Zoning Law does not allow a particular use ? ◦Was the Judge’s ruling correct? Part 2: Specific Duties/Powers of Planning Boards §1504 DL –PB shall have jurisdiction to review & approve, approve with modifications or disapprove site plans when a particular use set forth in this Law is subject to only Site Plan Review. §1507 DL –Mandatory prescribed training for PB members. NY Town Law § §1505 DL –The Town Board may by resolution provide for the referral of any matter ... to the PB before final action is taken by the TB or any other office or officer having final authority over such matter. TB can set timer. If PB exceeds time set for providing its report final decision can be taken w/o PB report. LIMITATIONS ON AUTHORITY . IS IT A “SHALL” OR A “MAY”? Determines whether the PB has discretion or has a mandatory duty. Under NY Town Law and Laws of the Town of Dryden Some Mandatory Duties of Planning Boards: ◦Site Plan Review. ◦Site Plan under Solar Law if building-mounted system increases structure by 6 feet or more ◦Major Subdivisions. ◦Minor Subdivisions but only if a public/private road is proposed. Planning Board in Advisory Role: ◦Advisory request transmitted via resolution of Town Board. Dryden Laws… •Some Mandatory Duties of PB Under Dryden Laws → Conservation Subdivision (i.e. major S/D in CV District). → Filing of final plat with Town Clerk shall be done within 5 business days from date of adoption of the resolution approving the plat . Planning Board in Advisory Role Discretion & Limitations On Exercise of Discretion –CPLR 78 Discretion –PB may: ◦Extend S/D Lapse deadlines for plat approvals .E.g.§500(C)(4) For good cause shown,the Planning Board may grant extensions of the time limits on such conditions as may be appropriate…No such extensions shall be granted unless a written request for such extension is filed prior to such lapse .” Dryden S/D Law. ◦§1003 On request of the sub divider,for good cause show,PB may waive the submission of any of the items required to be shown on the Sketch Plan,Preliminary Plat or Final Plat.Such waiver shall be by resolution and include all explanation and justification for the waiver.Dryden S/D Law. Limitations On Exercise of Discretion –CPLR 78 PB cannot exercise discretion in manner that is: ~ Without jurisdiction; ~ Illegal ~ Arbitrary ~ An abuse of discretion …continued ~ Discretion & Limitations On Exercise of Discretion –CPLR 78 Discretion –PB may: ◦Waiver of [S/D]requirements .The PB may waive,when reasonable, any requirements or improvements for the approval,approval with conditions…or disapproval of subdivisions .Any such waiver,which shall be subject to appropriate conditions,may be exercised in the event such requirements …are found to not be requisite in the interest of public health,safety,and general welfare,or inappropriate because of adequacy or lack of connecting facilities adjacent or in proximity to the subdivision. ◦§900(C)(2)(a)In Conservation S/D,where proposed lot abuts an existing residence,a suitable buffer may be required.It shall be no less than what the minimum rear or side set backs are for the district in which residence is located. Part 2: Wrap-up Summarize important points. Questions. ◦SIDE BAR DIRECT APPEAL TO ZBA IF S/D WILL CREATE ZONING DEFICIENCY REQUIRING A VARIANCE Part 3 Review Legislative Updates (SEQRA 2018 Amendments & Questions Presented by Planning Board. 2018 SEQRA Amendments Effective 01/01/2019. [Refer to hand-out]. HIGHLIGHTS: ◦Create/Modify Thresholds in List of Type 1 actions. ◦List of Type II Actions Expanded. ◦Mandatory Scoping for all Environmental Impact Statements (EIS) subject to exceptions. ◦Must consider climate change impact when preparing EIS. ◦Defines “Green Infrastructure: “…green infrastructure means practices that manage storm water through infiltration, evapo-transpiration and reuse including only the following: the use of permeable pavement; bio-retention; green roofs and green walls; tree pits and urban forestry; storm water planters; rain gardens; vegetated swales; downspout disconnection; or stormwater harvesting and reuse.” Part 3: Part 3: Questions Presented by Planning Board. [Refer to List] Reminder we are speaking in general terms. ◦Open Meetings Law. When is a subcommittee of the PB subject to OML? ◦Any recommendations for email communications among PB members? Article 7 of Public Officers Law (aka Open Meetings Law –OML) Purpose: “It is essential to the maintenance of a democratic society that the public business be performed in an open and public manner and that the citizens of this state be fully aware of and able to observe the performance of public officials and attend and listen to the deliberations and decisions that go into the making of public policy…..” §100. PART 3: CONTINUED… * Remember. Public Officers Law §103 ◦(a) Every meeting of a public body shall be open to the public. ◦(b) Reasonable efforts to hold public meetings in accessible facilities. ◦(c) Video conferencing permissible subject to meeting certain requirements. ◦(d) Shall be open to being photographed or otherwise broadcast. ◦(e) Public records being considered at public meeting to be made available to the public. PART 3: CONTINUED… Definitions Under OML “Meeting” means the official convening of a public body for the purpose of conducting public business, including the use of videoconferencing for attendance and participation by the members of the public body. §102(1). “Public body” means any entity, for which a quorum is required in order to conduct public business and which consists of two or more members, performing a governmental function for the state or for an agency or department thereof, or for a public corporation as defined in section sixty-six of the general construction law, or committee or subcommittee or other similar body of such public body. §102(2). Part 3: Wrap-up Jurisdiction. Statutory Basis for Acting. Proper Use of Discretion. It is all about the RECORD. Questions. Summary Recap: Why does all this matter? ◦Public Confidence. ◦Fiscal Responsibility. ◦Liability.