HomeMy WebLinkAboutPC Minutes 2017-05-18TOWN OF ITHACA PLANNING COMMITTEE
SUMMARY OF MAY 18, 2017 MEETING
Rich DePaolo (Chair), Rod Howe, Pat Leary.
TOWN STAFF/TOWN BOARD MEMBERS PRESENT: Susan Ritter, Director of Planning; Bill
Goodman, Town Supervisor; Bruce Bates, Director of Code Enforcement.
PUBLIC: Denise Thompson, CU Off -Campus Living Manager; Ithaca High School students (2).
Chair Rich DePaolo called the meeting to order at approximately 4:30 p.m.
Persons to Be Heard: None.
Committee announcement and concerns: Rich reported on new proposed legislation introduced
into the NYS Senate that would restrict short-term rentals of private dwellings in upstate NY.
Copies of the legislation were shared with members/staff.
Consider March meeting summary:
Rich moved; Rod seconded; approved with minor edits.
Continue consideration of rental property oversight strategies and recommendation to
Town Board:
The Committee reviewed the revised documents provided by Rich incorporating changes from the
April meeting. The following changes and/or discussions occurred:
Document 1- Permitted Principle Uses /Accessory Apartments
Standards (page 3)
(2) Owner -occupancy required:
- Rich explained that he intentionally left blank which zones this section applies to and instead
inserted a note stating the intent was to apply to all residential zones except HDR. He suggested
getting Susan Brock's input on the specific language.
- Committee agreed to keep, as drafted, the owner occupancy standard giving owners the ability to
vacate the dwelling for up to 12 months in each 5 year period.
(5) Reversion to classification as single-family dwelling without accessory apartment.
(A) Remove the examples in parenthesis (i.e. evidence of kitchen facility (sink, stove, or
refrigerator)).
- Bruce explained that the examples were too limiting and felt that section (E) provided the
necessary discretion for the Code Enforcement Officer.
- Rich asked for clarification on (C) regarding having the affidavit recorded in the County Clerk's
office.
- Bill explained that a potential buyer would see this information in the abstract of title and then be
aware that the dwelling has been converted to a single-family house.
Document #2 - Residential Rental Units
§ Rental Property Information (page 2)
- Rich: explained that he simplified the language so that instead of listing all the information that
will be included on the form, this section just references that the necessary information will be
collected. The actual rental property information form will not be part of the legislation.
§Penalties for offenses
- Rich: Raised a question concerning A.(3); penalties for a third offense.
- Committee: Discussed how to make sure there is a strong enough deterrent for the third offense
and what to do regarding the judge's discretion. After discussion, the Committee agreed to:
Modify A.(3) language to require a mandatory minimum sentence of 1-6 months, as an alternative
to fines.
- Rich: Asked for clarification on Section B. that each week's continued violation constitutes a
separate additional violation and how does this square with the 30 days that the law would allow a
person to come into compliance.
- Bruce: Explained that the violations (and fines) accrue for bookkeeping purposes, but are only
applied if compliance is not met after 30 days. This can result in hefty fines, but it also provides the
incentives to people to come into compliance within the set time.
- Rich: Expressed concern that the law does not explain this well enough.
- Bill: Responded that the law does not necessarily need go into detail if the notice of violation
(order of remedy letter) provides a clear explanation of what will happen if you do not comply
within 30 days.
- Rich: Requested that the violation notice letter contain language stating that the accruing
violations will only be applicable if a person fails to comply within the 30 days.
§Broker's Responsibility:
Add "is required" to second line, after "...rent or sale ..:'
Move this requirement to page 1, under section § Operating Permit Required, after C.
- Bill: Recommended getting the word out to realtors, so that they are aware of this requirement.
Document #3 - Operating Permits
A. (11) Clarify by adding "are eligible to be" before "rented for 30 or more days in a calendar year".
This will need to be reconciled in the future with short-term rentals.
Next Stens:
- Provide an update to Board members at the Study Session meeting;
- Get draft documents to Susan Brock for her input;
- Determine how to handle timing with moratorium deadline. For rental registry, the Board could
enact the legislation, but given the amount of work/staff time required it may be necessary to set a
future date for when it goes into effect.
#5 Continue to consider possible strategies for addressing Airbnbs:
Committee members reviewed the pending NYS Senate legislation. It did not appear to address
occupancy or inspections and other questions remained as to how it might help the Town
The Committee discussed ideas for Town legislation to address short term rentals, some of which
came from other municipalities (see Secretary of State website for a list of municipal examples).
The following is a list of ideas discussed:
- hosting requirements - consider allowing more days per year to rent if the owners are on-
site/hosting;
- owner occupancy requirements;
- accommodate peak weekends in recognition of this being a collegetown; exempt certain weekends
from hosting requirements i.e. graduation, parents weekend,
- require that a nearby/available contact person be identified (for neighbor complaints);
- consider having a registration system,to insure Code compliancy;
-reiterate that anything that rents for 30 days or more needs an operating permit;
- consider penalties for violations;
- lakefront property; possibly handle no differently than other neighborhoods given that the Town
no longer has summer cottages; the dwellings are occupied full-time/year-round; unlike other parts
of lake where seasonal -only is still common.
Next steps:
-Hold a meeting in June with the Airbnb providers;
-Hold a public meeting on the Monday between the regular monthly Town Board meetings to hear
pros and cons and get a sense of what people want to see in a law; provide a list of points (potential
regulations) to focus the discussion on.
Staff updates and reports:
Sue reported on the need to ramp up efforts on drafting form -based code language (Cornell East
Village, etc). She is interested in continuing the collaboration with team members from the Form
Ithaca project and would like to ask the Town Board to consider contracting with them for
assistance to the Planning Dept. on particular elements.
Discuss next meeting date and upcoming agenda items:
Next meeting is tentatively scheduled for Thursday, June 1S, 2017.
Bill reported that the County Biggs property has been taken off the market and that they are talking
with some of the neighbors about the property.
Meeting ended at 6:30pm