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HomeMy WebLinkAbout7.16.2010 Special Planning Board Minutes.pdfMinutes for the Special Meeting of Village of Cayuga Heights Planning Board Held on July 16, 2010 Present: Chairman Martin Harms, Members Graham Gillespie, Fred Cowett, Sean Cunningham (Arrived at 11:19 AM) Others: Brent Cross, David Dubow and Mary Jane Neff Guests: Bea Szekley, Jack Young Called to order at 11:08 AM Attorney Dubow presented a draft local law changing the language of the current occupancy ordinance. Brent Cross presented a written report on the interpretation that he has used for 17 years and was used by his predecessor. He agreed that the current language was outdated and need to be revised. However, he is not sure that it needs special attention because it can be done once the comprehensive plan is completed. Much of the language is outdated in the current ordinance and will need updating. He also concurs that the bigger issue that will need the Board’s time is the definition of a “family”. He also explained that the NYS Building Codes determines occupancy based on the number and size of bedrooms. The Village can be more restrictive, but not less restrictive. He also explained that he has no authority to inspect one and two-family residences. Unless he receives an invitation to inspect by the owner, a third party complaint with first hand knowledge or his own reasonable suspicion he cannot legally go into a residence. He also commented that the change of language being proposed will effect a small number of occupancy, but does not help him enforce the law. Chairman Harms thanked Code Officer Cross for his explanations and that the discussion was good education for the Board members. Again Chairman Harms asked if the Board wished to proceed with a recommendation to the Board of Trustees. On a motion by Harms, seconded by Gillespie and with 3 ayes the following was passed: RESOLUTION NO. 38 RECOMMENDING AN AMENDMENT TO THE VILLAGE’S OCCUPANCY ORDINANCE. WHERAS, this Board has reviewed the existing language of Section 2 of the Village of Cayuga Heights Zoning Ordinance regarding residence district occupancy regulations, and WHEREAS, this Board has received both public comments and an explanation from the Code Enforcement Officer, and WHEREAS, this Board requested Attorney David Dubow to prepare a proposed local law for their review, THEREFORE BE IT RESOLVED, that this Board recommends to the Board of Trustees to consider and proceed expeditiously in the legal process to pass the following amendment to Section 2 of the Village of Cayuga Heights Zoning Ordinance regarding residence district occupancy regulations: VILLAGE OF CAYUGA HEIGHTS PROPOSED LOCAL LAW OF THE YEAR 2010 A LOCAL LAW AMENDING SECTION 2 OF THE VILLAGE OF CAYUGA HEIGHTS ZONING ORDINANCE REGARDING RESIDENCE DISTRICT OCCUPANCY REGULATIONS Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows: SECTION I. PURPOSE AND INTENT. The purpose and intent of this Local Law is to amend the introductory paragraph of Section 2 (entitled “Residence District”) of the Village of Cayuga Heights Zoning Ordinance and subparagraph 1 thereunder so as to revise and clarify the residential occupancy regulations applicable to the Residence District. SECTION II. AUTHORITY. This Local Law is enacted pursuant to the grant of powers to local governments provided for in (i) Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the provisions of the New York State Constitution or not inconsistent with any general law relating to its property, affairs, government or other subjects provided for in said Section 10 of the Municipal Home Rule Law, (ii) Section 10 of the Statute of Local Governments and (iii) Section 7-700 of the Village Law. SECTION III. AMENDMENT OF ZONING ORDINANCE. As of the effective date of this Local Law, the introductory paragraph of Section 2 (entitled “Residence District”) of the Village of Cayuga Heights Zoning Ordinance and subparagraph 1 thereunder shall be amended to read in their entirety as follows: SECTION 2. RESIDENCE DISTRICTIn the Residence District, no building shall be erected or extended and no land or building shall be used for other than any of the following purposes: 1. a. Occupancy by not more than two families with a total of not more than two other occupants residing thereinin the building, or b. Occupancy by not more than one family with a total of not more than three other occupants residing thereinin the building, or c. Occupancy, where there is no family and, by a total of not more than four occupants residing thereinin the building. SECTION IV. SUPERCEDING EFFECT. All Local Laws, resolutions, rules, regulations and other enactments of the Village of Cayuga Heights in conflict with the provisions of this Local Law are hereby superceded to the extent necessary to give this Local Law full force and effect. SECTION V. VALIDITY. The invalidity of any provision of this Local Law shall not affect the validity o f any other provision of this Local Law that can be given effect without such invalid provision. SECTION VI. EFFECTIVE DATE. This Local Law shall be effective as of the date of filing with the New York Secretary of State, except that it shall be effective from the date of service as against a person served with a copy thereof, certified by the Village Clerk, and showing the date of its passage and entry in the Minutes of the Village Board of Trustees. Alternate Member Cunningham arrived Next the Board reviewed the revised language of their proposed amendment to permit temporary deer fences. On a motion by Cowett, seconded by Gillespie and 4 ayes the following was passed RESOLUTION NO. 39 RECOMMENDING AN AMENDMENT TO THE VILLAGE’S ORDINANCE TO ALLOW WITH A PERMIT A TEMPORARY DEER FENCE WHERAS, this Board has reviewed the existing language of Section 9 of the Village of Cayuga Heights Zoning Ordinance regarding fences, and WHEREAS, this Board has received at their recent meeting public comments, and WHEREAS, this Board was requested by the Board of Trustees to review and make a recommendation, and WHEREAS, this Board requested the Village’s attorney to prepare a proposed local law for their review, THEREFORE BE IT RESOLVED, that this Board recommends to the Board of Trustees to consider and proceed expeditiously in the legal process to pass the following amendment to Section 9 of the Village of Cayuga Heights Zoning Ordinance regarding fencing: PROPOSED LOCAL LAW OF THE YEAR 2010 A LOCAL LAW AMENDING SECTION 9 OF THE VILLAGE OF CAYUGA HEIGHTS ZONING ORDINANCE TO PERMIT “TEMPORARY DEER FENCES”. Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows: SECTION I. PURPOSE AND INTENT. The purpose of this Local Law is to amend Section 9, “Fences and Walls,” of the Village of Cayuga Heights Zoning Ordinance to permit the erection of Temporary Deer Fences (as defined herein) within the Village of Cayuga Heights (the “Village”) for a period of approximately five (5) years commencing upon the filing of this Local Law and terminating on September 30th, 2015. At the expiration of the foregoing period, all Temporary Deer Fences shall be removed. The intent of this Local Law is to protect the health, safety, and welfare of Village residents and their property from injury and damage due to the growth of the population of deer within the Village. The deer fences permitted under this Local Law are intended to be temporary in nature and NOT create or vest any rights with regard to a permanent fence. The Village’s Mayor and Board of Trustees desire and expect a reduction of the population of deer in the Village by September 30, 2015, thus negating the further need for the Temporary Deer Fences. SECTION II. AUTHORITY. This Local Law is enacted pursuant to the grant of powers to local governments provided for in (i) Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the provisions of the New York State Constitution or not inconsistent with any general law relating to its property, affairs, government or other subjects provided for in said Section 10 of the Municipal Home Rule Law, (ii) Section 10 of the Statute of Local Governments and (iii) Section 7-700 of the Village Law. SECTION III. AMENDMENT OF ZONING ORDINANCE. As of the effective date of this Local Law, Section 9 of the Village’s Zoning Ordinance shall have the following language added after the first paragraph: “TEMPORARY DEER FENCES IN SIDE AND REAR YARDS: Temporary Deer Fences not exceeding 8 feet in height above the natural grade (including posts, gates and all other portions of the fence structure) shall be permitted in the side and rear yards of any property, up to and including on the property line. Zoning permits shall be required for all Temporary Deer Fences. Prior to the erection or construction of any Temporary Deer Fence, the property owner must obtain a zoning permit signed by the Code Enforcement Officer of the Village of Cayuga Heights permitting the Temporary Deer Fence. In the event that any applicant for such a zoning permit for a Temporary Deer Fence is denied such permit on the basis that the proposed fence is non-compliant with the Temporary Deer Fence terms and provisions provided for herein, the applicant for the zoning permit shall have the right to appeal the Code Enforcement Officer=s denial and thereupon request from the Village=s Zoning Board of Appeals an area variance for the proposed fence or wall. The foregoing authority permitting Temporary Deer Fences shall expire on September 30th, 2015, upon which date all Temporary Deer Fences shall be removed. The deer fences permitted hereunder are intended to be temporary in nature and NOT create or vest any rights with regard to a permanent fence. For the purpose of this amended Section 9, “Temporary Deer Fences” shall be defined as a fence commonly used to protect gardens, vegetation and yards from deer and constructed so that (i) at least 90% of its face for at least any portion of such fence that is more than 4 feet above the natural grade is open when viewed from a position that is at a right angle to the fence, and (ii) all of such fence structure and materials are the same color with colors limited to black, brown or green. Notwithstanding the foregoing, chain link fences shall not be considered as deer fences under this Article even if they meet the criteria in this definition.” SECTION IV. SUPERCEDING EFFECT. All Local Laws, resolutions, rules, regulations and other enactments of the Village of Cayuga Heights in conflict with the provisions of this Local Law are hereby superceded to the extent necessary to give this Local Law full force and effect. SECTION V. VALIDITY. The invalidity of any provision of this Local Law shall not affect the validity of any other provision of this Local Law that can be given effect without such invalid provision. SECTION VI. EFFECTIVE DATE. This Local Law shall be effective as of the date of filing with the New York Secretary of State and shall EXPIRE on September 30th, 2015. The consensus of the Board was to request Chairman Harms to take the steps to get of these proposals to the Board of Trustees for their July 19, 2010 meeting. On a motion by Gillespie, seconded by Cowett the following was unanimously passed: RESOLUTION NO. 40 TO ADJOURN THE MEETING RESOLVE, that this meeting by hereby adjourned at 1:45 PM Respectfully submitted, Mary Jane Neff, Secretary