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Home My WebLink AboutAWHC 2023-10-04Dryden Affordable and Workforce Housing Committee Minutes for Oct. 4, 2023, Meeting Via Zoom Attendance: Martha Robertson; Ray Burger; Mike Murphy; Miles McCarty; Craig Anderson; and Chuck Geisler Chuck led meeting in Leonardo’s absence. **Chuck noted Leonardo’s request to town board for approval of Housing Committee’s suggested changes to Sec. 183 (TB did this on 9/21/23). Question: what’s the best way for Committee to communicate suggestions to PB on Sec. 183? **Ray: Track changes and inserted comments are best. Having a draft replacement for Planning Board review will facilitate their work. He will send Word document to committee for revisions. Need a consensus document from committee, accompanied by any minority opinions. Action Item: Ray will send out Word version of Sec. 183. ** Sec 183 consists of two sections (MHs and MHPs). Let’s start with first (MHs on private parcels) for November meeting. ** Sec. 183 was adopted over 40 years ago in 1981. Basic definitions now outdated, even for “mobile home.” Let’s adopt current terminology from by Coon (2023) article signaling NYS 2023 definitions. Conveniently, these map onto federal definitions as well (HUD, etc.). ** Chuck agreed to send committee his proposed changes. Committee can comment and add further changes. See sample suggestions in September 19 email from Leonardo. [Note: it was later decided to hold off on this line-by-line revision until after hearing from T-burg (see below). Action item: Chuck will share his list of revision suggestions (he includes them below in these minutes.) ** Public health inspection of MHPs: Tom Palmer, the Environmental Health Specialist for T.C., does public health inspections of all 39 MHPs in the county at least once in three years. Resident or owner complaints trigger more frequent visits. He submits a report of monthly activities to the NYS regional health director and coordinates with our town enforcement officer, Shelley Knickerbocker. The town is usually responsible for interior MH inspections. Palmer does the exterior inspections using NYS Sanitary Code subpart 17 (see: Title: Part 17 - Mobile Home Parks | New York Codes, Rules and Regulations (ny.gov)). ** Public health inspection and Hanshaw Village MHP. Tom is aware of septic failure there going back to 2021. DEC is responsible for the State Pollutant Discharge Elimination System (SPDES) permit. Cook Properties’ Engineering firm applied for SPDES along with requisite lab tests of Hanshaw Village effluent. (Application says overflow from Park’s collection lagoon goes into Fall Creek.) Contrary to what Chuck stated in September housing committee minutes, Cook properties did not submit a CDBG grant proposal. Hanshaw Village will apply for CDBG funding in 2024. New septic or hook-up to Dryden sewer will have to wait until then. Tom seemed unaware of what Ray told committee about consent order now in place. Action item: Chuck correct CDBG grant information error in Sept. minutes. ** Potential revisions in Sec 183: • Sec. 183 has two articles with different definitions of “mobile home.” (See below for definitional importance of “permanent foundation”). • Recreational and open space requirements in MHPs; penalties for nonenforcement?. • MH setbacks and lot-area requirements (treat as conforming single-family dwellings, consistent with NYS law?) (see Coon, 2023). • Update section on Fuel supply and storage (183-9) to reflect new requirements of NYS 2020 Fuel Gas Code. • MH landscaping, garage, and parking requirements; conform to single-family dwelling requirements? (see Coon, 2023) • MHP license renewal: Revise to not depend on design and maintenance requirements at time of approval of initial permit. Rather than automatic, should be an opportunity to incorporate and check for multiple new state standards. • Make explicit reference to “HUD Code” (24 CFR Part 3280) effective July 15, 1976, to certify proper construction. • New FEMA floodplain requirements: where best inserted in MH/MHP law? • Review and update MHP penalties and permit fees (see Sept. minutes). • Add provisions for nonprofit MHP ownerships (e.g., INHS or Pathstone). (See below) • Check for discriminatory requirements aimed at MHs but not non-MH single family dwellings (e.g. 183-20 (P)). • Revisit and make recommendation on grandfathering in revised Sec. 183. ** Significance of “permanent foundations” in defining MHs and related real property issues: • Since 1961, according to the 2022 article by John Kaufmann (link at bottom of minutes), there is ample basis for treating MHs has real property rather than personal property in NYS statutes and court rulings. • This property status is welcomed by municipalities for property revenue reasons and opposed by MHP owners who pay property taxes on park MHs they don’t own. • Real property status is accorded to MHs with permanent foundations. • Municipalities accomplish this status by requiring that non-park MHs remover axels and tongues and be secured to certified pads. (Municipalities are less concerned about in- park MHs that are assessed as part of the MHP owner’s tax parcel.) • Sec. 183 problematic here: it defines “mobile home” as personal property (no permanent foundation), though written 20 years after NYS’s opposing definition. ** MHs as real property and MHs outside MHPs: • Dryden requires MH owners to remove their tongue and axles and be on a regulation size concrete pads. These (non-park) owners pay property taxes like other real property owners. • In parks, MHs are not required to remove tongues and axles. Their owners retain the option to move them out of the park at some point. • [Inference not discussed by committee: Dryden’s MH owners are taxed differently based on whether they are in or outside of a MHP. This raises affordability issues.] Action items: Ray will follow up with Chip Ray and Chuck will do same with Danielle. ** Case of nonprofit MHPs and zoning questions (e.g., INHS ownership of Compass in T-burg): • Ben Carver suggested an alternative zoning strategy: Dryden might want to eliminate all laws related to mobile and manufactured housing and either leaving it at that or referring to the HUD code and the sections of public health law that deal with MHPs. • Chuck will contact Ben to see if he will join us in our Nov. zoom for an update on how this approach is working. Is home rule important here? • Do MH owners pay property taxes in Compass MHP, given that the underlying land is now owned by a non-profit organization)? • Any parallels here to farmers in NYS Ag Districts? • How does T-burg zoning model apply to for-profit MHPs in Dryden? Action item: Chuck will invite Ben Carver to next meeting. ** Committee outreach for additional MH/zoning information: • Other New York State towns with revised zoning ordinances • Pathstone, INHS, and other non-profit organizations • Tompkins County Planners net work • NYS Assn. of MHP Owners via Chip Ray • NYS regulations on MHPs • HUD reg’s (Danielle Eiseman’s graduate students?) ** MHs as affordable housing—keep in mind as our focus: • How do we make sure that new zoning laws encourage housing that’s affordable? • Committee recommendations for improvements and regulations may impose financial burdens on MH owners and renters and work against affordability. • Kaufmann article (below) invokes a MHP owner’s view of affordability. He wants MHP owners to be free of property taxes for MH real property they don’t own in their parks so they can continue to provide affordable housing communities. ** Hanshaw Rd. Sewer and water extensions • Connecting Hanshaw village to town, sewer and water would (could?) attract development to area with few owners (and potential NIMBY challenges). Tax revenues would compensate Dryden for sewer and water and make up the difference between a CDBG grant to Cook Brothers and full cost of infrastructure. • Cornell owns one of the parcels there and might be tempted to sell for development there. • In practice, how does it work if town extends sewer and water? Would developer pay it back upfront or gradually through property taxes? • Also relevant perhaps, New York State has a pro-housing initiative (NYS Pro-Housing Communities Program) which will certify participating communities who will receive a preference in the scoring/evaluation of certain discretionary funding grants for: • Downtown Revitalization Initiative (DRI) – Department of State • NY Forward program – Department of State • NY Main Street program – Homes and Community Renewal • Regional Council Capital Fund – Empire State Development • Market New York (capital grants only) – Empire State Development • Long Island Investment Fund (LIIF) – Empire State Development • Mid-Hudson Momentum Fund – Empire State Development • Public Transportation Modernization Enhancement Program (MEP) – Department of Transportation • Additional programs may be added in the future Action Item: Martha will reach out to Megan McDonald and Eliot Benman to details [which she did immediately and learned that the program entails no new money. We can address questions to prohousing@hcr.ny.gov.] Minutes change: • Delete committee names where possible in text. • Hold off on approving July and September minutes until names are deleted and error about Cook Bros. CDBG grant (Not submitted in 2023) is corrected. Meeting ended at 3:35 pm Minutes from zoom recording and Martha’s notes, transcribed by Chuck Next meeting Nov. 1 Kaufmann article: (file:///Users/ccg2/iCloud%20Drive%20(Archive)%20- %201/Desktop/Mobile%20Homes%20on%20Rented%20Land%20Why%20Steckel%20II%20Need s%20Updating%20-%20New%20York%20State%20Bar%20Association.html)