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HomeMy WebLinkAbout1986-08-28,i TOWV 40F DRYDEN PLANNING BOARD SPECIAL WORK SETS IOiti AUGUST 28,1986 Planning Board met Aug.28,1986 at 8:00PM for special work session with G,EVANS on zoning ordinance. Members present: R.CHASE,J „LEE, H.SLATER,CHR.B.CALDWELL. Members absent: B.LAVINE,R,M.BOBNICK, H,LAMPILA,,& Z.O.S.STEWART, Also present: G.EVANS,M.WEBB,C,BROWN, M.CREASY, CALDWELL: We're concerned with difference between P.U.D.,special permit, floating zone. EVANS: Sections labeled P.U.D. are close to what's known as floating zone. A floating zone is designed by creating regulaVions W/o mapping, P.U.D. on the other hand is wide open, You have basic perimeter but you don't say where it would go necessarily, To criticize regulation rules out certain kinds of mixed developments :that are purpose for having planned unit development. I believe you have 3 types; residential, commercial, & industrial - -what that means is, it rules out combined residential & commercial develop- ment. You're putting a lot of restraints on procedure that it wasn't designed for. Floating zones are another matter. If ydu want control to that degree, make floating zone, call it that, & let it go- -it's something not planned. It's not up to me to say which way it should go, it depends on Town & what they want to do, Using proper terminology avoids confusion. Did you have any specif'l questions? CALDWELL: I think general feeling of public & Boards was to limit with less flexability so you knew what was & wasn't allowed. Wouldn't you say Town Board wanted clear definitions? M.WE.BB: Yes. We felt too much RC zone, which allows almost any- thing under certain circumstances. When you have an open meeting !- everyone comes to "holler” or complain, and. you're suppose to sit there & make decision which way to go. Should try to be more definite w/o so many decisions. It EVANS: You may be well advised to drop P.U.D. & floating zone, & concentrate on very carefully considered boundaries of existing zones. CALDWELL: Could you do a rezoning if there's something vast in Isolated spot? EVANS: Absolutely! You could create a new zone in matter of 2• -3 months. Even though I'm talking about removing some of more flexible procedures from ordinance, it does not mean you can't change it. CALDWELL* Has anyone else felt same way? H.SLATER: You mean as far as not wanting to see all the looseness we have? I think we should ask Mrs.Brown & Mrs. Creasy what thgy have heard. C.BROWN: People we've talked to, want to know where they stand before they put a lot of money in something. They want to know what's going to happen around them and what's allowed happen, CALDWELL: Zoning is obviously not the total answer, but it does give us some direction. M,WEBB: It shows that our most restrictive zone is where all the construction is going on, EVANS: If you changed the word restrictive to protective, it may help. General agreement. r 2. R,CHASE: Can we, or do we want to, exclude special permits? Seems r. Town Board is in some degree of agreement on this. CALDWELL: I'd think there Would be either a review process(not as lengthy as present one) or something where scale might be �® minimal impact. R,CHASE: You may be talking about interpretation of zone descript- ion. CALDWELL: We always had questions if something is neighborhood service & facility, Sometimes inconvenient to go clear downtown, H.CHASE: I: wondered about doing away with special permits in certain zones, We do want to set aside residential & use word protective, It's already been proven many people want a more protective zone! CALDWELL: Remember when Etna. wanted 4 gas stations, but not just any old place? EVANS: That's sort of thing Special permit designed for, There is no place in N.Y.State enabling legislation that says you can use special permits- -sort of an administrative fabrication that grew out of experience over last 40 yrs. or so, In 1976 need for this kind of procedure recognized & passed legislation to allow muni- cipalities to do this type of thing, but they gave it special name, Site Plan Review & way they've written it, it is power given to Planning Board & includes relatively long list of decisive criteria about whether something is in fact allowed, I'd. have to say there Is special. need for neighborhood facilities. They're conscious of fact they can't go just any old place, they have to meet certain location & design criteria that other areas don't. I'd certainly urge you to keep SPR, CALDWELL: itIert, do you have any idea on how Town Board wants this handled? M,WEBB: I'd like to see person applying for permit prove ' need for their proposal, This way, if you already have 4 of whatever, (maybe gas stations) in a neighborhood, it would be difficult, to prove real need for a, fifth one! Town Bd. trying to get away from someone coming in for special permit & reversing things on them saying it says in zoning I can have this, so I'm applying for i.ti We want their proof of need for whatever proposed -- therefore it ca.n be allowed! This needs to be spelled out! H.SLATER: Is_ your concern that they may fail -& leave empty building w /parking lot growing weeds or that you don't want to see another gas station? M,WEBB: I'm thinking mostly of residents in area. I can't imagine wanting 4 gas stations or such in same area when 1 would do. CALDWELL: What is neighborhood use versus something that may really attract business, Something that started out to be neighbor- hood fruit stand used by local residents could grow & attract customers from miles around -until it gets out of hand. M.WEBB: Yes- -once something is started. & it expands w/o approval Trre have nothing in ordinance to prevent it. It should be written in ordinance they must come back for approval before they car. expand, .CREASY: We've noticed that tenants seem to be "immune" from zoning, EVANS: You find some truly inventive interpretations of zoning here & there. There's substantial amount of educational training of population in area before zoning regulations can come to full course. People have to be familiar with it, know what it is and what it means to them so when they see something going on they don't have to have helpless reaction to this. As far as tenants being subject to it -- occupancy of space should require occupancy permit. If just continuing residence year after year w /no changes - no permit required, but if started doing some other different activities then permit should be required. General discussion of home businesses growing into major business until it's no longer a home - -only a business. EVANS: If you don't have some kind of permit requirement before part of space is modified, there's no stopping it. A periodic requirement for occupancy permit applies to certain things - -a business activity could be visited & certified every year or two. In case of rental residency you could require periodic inspection of those certificates. You must tailor this to meet your needs. You don't need to get O.P. every year, just to continue living In your house, but should design it to catch these expansions & billowing activities. I own some rental property in Ithaca & it has reasonable inspections. {' CALDWELL* What's our obligation as Township to have multipl residences & maybe mobile home parks? I'm thinking of housing stock for more moderate income & in theory multiple residenceso EVANS: I've never heard that questioned. No such obligation, on the other hand, mobile home parks enjoy a peculiar status. I think by either Court of Appeals or State Controller, a municipality cannot exclude mobile homes. They must either allow them on in- dividual lots or in parks. They do not have to respond to fact there is no vacancies in mobile home parks by allowing expansion. If you have mobile home park & it's full, you've met our obligation: as far as mobile homes are concerned. Multiple residence on the other hand rely on market to answer questions like that,. C.BROWN: I have question on mobile home parks. You were talking about review for occupancy permit on quality of housing. Is there any review of mobile home parks from time to time to be sure they are kept up? II.WEBB: There's nothing done now, EVANS: Some Towns have separate mobile home ordinance which involves annual licensing inspection. M.WEBB:We have ordinance but no inspection. It should be tightened up! We have zoning problem in Dryden now, They say the owner can't afford to fix it up -- instead of saying "Fix it!" Chat's why we're in trouble & that's why people complainl Some are not even meeting Health standards. H.SLATER: Then they should be closed down until they do -- whether or not they can afford it, that's a crutchl M,WEBB: Absolutelyl Only thing that can be done on Town Board level is put in ordinance they gust be on public water & sewer. 0 Lr P . o T_ H.SLATERt'"Ihat's good fc ones applying now. I hink yearly Licensing is the thing i;o get things cleaned up & kept that way. CALDWELL :They should provide current permit from Health Dept, EVANS:A simple maintenance thing(garbage dumpsters,paving,upkeep.).� ?.CHASE: If you close down a park,what becomes of residents? CALDWELL:'That's,something we'll have to investigate, some sort of permit procedure(bringing in old parks -- putting them on public water & sewer, & some sort of criteria on expectations.)Gary,you have 3 definitions on subdivisions(rural,minor & major.)Where there's no division of land, but new road exists- -what if someone says they're going to make a road here -- apparently we have power to review & comment under State law, but I don't think, at least under current ordinance, we have any authority over new roads. (Where it's going to be put or whether it exits or not.) M.WEBB:Right now Town Highway Dept. has all that. EVANS: Town Bd, doesn't have to accept a road for maintenance,etc. CALDWELL: There's been a situation where under our current ordinance you could put 2 lots in within such & such a time period w/o going thru procedures as long as lots themselves are on existin road. Sometimes they'll build a road & put 2 lots in later. It won' be subdivision. I think that's something we should avoid, M,WEBB* That's private rd. until they turn it over to Town, then it has to meet specifications, EVANS: Even if it does meet specs, you can still say no. You'd want to make that understood. You've located a loophole here and languag could be included. to cover that. M.WEBB :You can't sell property if It isn't on public rpHa.d,bank won' give a loan. CALDWELL: Land seems to get sold off after fact of putting one houg in behind another, Sometimes they put road in first where there. -® shouldn't be one. J.LEF: I think it's quite restrictive to say you can't build road on your own property, but it would be alright to say it had to be put somewhere else. I don't know if you'd call it a private drive. CALINELL: Private drive would be fine for one house. Trouble is where there's more than one house per driveway. C.BROWN concerned with 2,3,4 mobile homes being put in off West Dryden Rd, Questioned if application had been made, stated there w� road being put in. H.SLATER.& There were some people in to talk with us about that -- -we told them what was necessary for them to be in compliance. We didn't see them again. CALDlUELL: This is what concerns me about echo housing and so forth, What do we do about elderly parent or grandparent or whatever. Whe± Is legitimate need? Maybe they say OK you can stay in little place "out back"- -then somethtg happens and you sell "out back" and line becomes higglety pigglety, EVANS: Echo housing has some good features- -good example of where C.U. is inspected every year, to see what is going on. If resident who was living "out back" is no longer there then no C.O. issued following year. That way designed to work:, temporarily, I - . 0