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HomeMy WebLinkAbout2015_1026_Planning Board Minutes.pdf1 Village of Cayuga Heights Planning Board Meeting #57 Monday, October 26, 2015 Marcham Hall – 7:00 pm Minutes Present: Planning Board Members Chair F. Cowett, D. Hay, S. Cunningham and R. Segelken Code Enforcement Officer B. Cross, Deputy Clerk A. Podufalski, Attorney R. Marcus Members of the Public Item 1 – Meeting called to order • Chair F. Cowett opened the meeting at 7:05 pm. Item 2- September 28, 2015 Minutes Motion: R. Segelken Second: D. Hay RESOLUTION No. 165 APPROVING MINUTES OF SEPTEMBER 28, 2015 RESOLVED, that the written, reviewed and revised minutes of the September 28, 2015 meeting are hereby approved. Aye votes – Chair F. Cowett, S. Cunningham, D. Hay, and R. Segelken Opposed- None Item 3- Public Comment • J. Sauer questioned the minutes from the September 28, 2015 meeting regarding the Board’s environmental impact findings for the proposed project at 520 Wyckoff Rd. He stated that the Board’s determination contradicted some of their findings. Attorney R. Marcus responded and explained the SEQR review process. • Carol Battisti of 106 Overlook Rd. expressed her opposition to the proposed project. Two written statements were submitted for the record. 2 3 4 5 6 7 • Jill Kimball of 106 Overlook Rd. expressed her opposition to the proposed project. Two written statements were submitted for the record. 8 9 • Bea Szekely read an excerpt from Enterprising Families by Carol Sessler regarding the history of the home located at 520 Wyckoff Rd and expressed her opposition to the proposed project. • Everett Morse stated his parents built the home located at 520 Wyckoff Rd and stated his opposition to the proposed project. He previously submitted a letter for the Board’s consideration. 10 • D. Shaffer of 518 Wyckoff Rd provided a petition opposing the project to be submitted into the record. She also read excerpts from a letter written by B. Gillian Turgeon of 522 Wyckoff Rd. A copy was submitted for the record. 11 12 13 14 15 • Henry Richardson of 104 Overlook Rd expressed his opposition to the proposed project. A written statement was submitted for the record. He also provided a petition by Jim Gilmore in opposition of the project. 16 17 18 19 • Steve Gordon of 110 Overlook Rd. expressed his opposition to the proposed project. He was upset that he did not receive notice of the public hearing as he believes his property falls within the 200 ft. area to be notified. A written statement from him and his wife, Jaime Wolffe, was submitted for the record. 20 • J. Wolffe of 110 Overlook Rd. read comments written by Christopher Umbach in opposition of the project on a petition. A copy was submitted for the record. 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 • David Zax of 411 Kline Rd. read a statement regarding research he has completed regarding his own lot. A written statement was submitted for the record. 42 43 44 45 46 47 48 49 50 51 • Anne Sauer expressed her opposition to the proposed project. A written statement was submitted for the record. 52 • Kathryn Mapes previously emailed an editorial, with her adjustments and corrections, which was originally printed in the Ithaca Times to the Board. She requested that the document be entered into the record. 53 54 55 • Chair F. Cowett closed public comment. Item 4- 105 Berkshire Rd Preliminary Site Plan Review • Code Enforcement Officer B. Cross explained the reasons for the preliminary site plan review. The owner has applied to subdivide her property into 2 lots. The Zoning Board of Appeals has approved the owner’s variance request for a reduction in road side frontage for the subdivision and the proposed lots would be compliant. He also explained that this case is considered a minor subdivision as the property would only be subdivided into 2 lots. The Board needs to decide if a public hearing is necessary. He also stated he has not required the owner to complete a SEQR form. • Chair F. Cowett stated that, while a public hearing is not required for a minor subdivision in the Residence Zoning District, he had been made aware that some public concern exists regarding the subdivision. He therefore recommended to the Board that a public hearing be scheduled, that the Board should declare itself lead agency for SEQR, and that the Board conduct a SEQR review at its next meeting. • S. Cunningham inquired about the requirements for site plan review of minor subdivisions. Code Enforcement Officer B. Cross explained the requirements. • Chair F. Cowett read the variance conditions imposed by the Zoning Board of Appeals. 56 Conditions of Variance: 1) Parcel B's width at the road must be no less than 38 feet. 2) Subdivision approval must be obtained from the Planning Board for essentially the same subdivision submitted to this Board. 3) Both lots share the existing curb cut and share the existing driveway as much as possible. 4) Parcel A can only be used by at most 2 unrelated occupants or a single family with no unrelated occupants. 5) This Board requests that the Planning Board consider the following as a condition of subdivision approval: a) Any buildings, structures, or impervious surfaces built on Parcel A must obtain site plan approval from the Planning Board. • The property owner asked the Board why a SEQR review was necessary. Attorney R. Marcus explained the requirements of SEQR. Motion: S. Cunningham Second: D. Hay RESOLUTION No. 166 TO ACCEPT PROPOSED MINOR SUBDIVISION AT 105 BERKSHIRE RD AS AN UNLISTED SEQR ACTION RESOLVED, that the Planning Board declares itself lead agency for SEQR review of the proposed minor subdivision at 105 Berkshire Rd. which the Board categorizes as an Unlisted SEQR action and the property owner is to complete Part 1 of the Short Environmental Assessment Form. Aye votes – Chair F. Cowett, S. Cunningham, D. Hay, and R. Segelken Opposed- None Motion: R. Segelken Second: S. Cunningham RESOLUTION No. 167 TO HOLD A PUBLIC HEARING ON THE PROPOSED MINOR SUBDIVISION AT 105 BERKSHIRE RD 57 RESOLVED, that a public hearing will be held on November 23, 2015 at 7:10 p.m. regarding the site plan review for the proposed minor subdivision at 105 Berkshire Rd. Aye votes – Chair F. Cowett, S. Cunningham, D. Hay, and R. Segelken Opposed- None Item 5- Continuation of Site Plan Review- 520 Wyckoff Road • S. Cunningham stated that, while he was not in attendance at the last meeting, he has been caught up to speed on the site plan review. • Code Enforcement Officer B. Cross addressed comments and concerns brought to his attention. a) A statement was made that the existing sororities/fraternities in the Village are in neighborhoods of similar occupancy. The fact is that there are 4 such sorority/fraternity properties in the Village and 3 of them are adjacent to single family homes. b) Parking enforcement is handled by the Village’s Police Department. The Police will be diligent in enforcing parking regulations. c) While he does not discount concerns regarding an increase in traffic, in terms of the Village’s road infrastructure, the Village’s street system can adequately handle an increased level of traffic associated with this project. d) Previous comments were made regarding fire safety. If the project is approved, the building would be subject to building code regulations and annual fire inspections. e) The method he uses to determine properties falling within the 200 ft. area requiring notification for public hearings is based on digital mapping provided by Tompkins County. A software program is then used to calculate distances and identify properties to be notified and he maintains that all properties that should have been notified about this project were notified. He uses the same methodology for every case. • The Board reviewed Article IX Section 24, III, 1, factors to be considered by the Board for Site Plan Review cases, and found the following: 58 59 60 61 62 • S. Cunningham asked if any Phi Mu representatives were present. None were in attendance. Motion: D. Hay Second: R. Segelken RESOLUTION No. 168 TO ACCEPT THE ARTICLE IX SECTION 24, III, 1 FINDINGS 63 RESOLVED, that the Village of Cayuga Heights Planning Board accepts the Article IX Section 24, III, 1 findings regarding the proposed project at 520 Wyckoff Rd. Aye votes – Chair F. Cowett, S. Cunningham, D. Hay, and R. Segelken Opposed- None • S. Cunningham asked if there have been any other precedent setting cases. Code Enforcement Officer B. Cross stated there have been no other precedent setting cases such as this. • The Board discussed the available options for a final resolution which are to approve, approve with conditions, or disapprove the site plan. A straw poll was taken among the Board. All members voted to disapprove. Motion: D. Hay Second: R. Segelken RESOLUTION No. 169 TO DISAPROVE THE SITE PLAN FOR 520 WYCKOFF RD WHEREAS: A. This matter involves site plan review pursuant to a proposed change of use from a one-family residence to a fraternity/sorority at 520 Wyckoff Rd in the Village’s Multihousing Zoning District; and B. On September 28, 2015 the Village of Cayuga Heights Planning Board held a public hearing regarding such action; and C. On September 28, 2015 and October 26, 2015 the Village of Cayuga Heights Planning Board thereafter thoroughly reviewed and analyzed (i) the materials and information presented by and on behalf of the applicant(s) in support of this proposed change, (ii) all other information and materials rightfully before the Board, and (iii) all issues raised during the public hearing and/or otherwise raised in the course of the Board’s deliberations; and D. On September 28, 2015 in accordance with Article 8 of the New York State Environmental Conservation Law - the State Environmental Quality Review Act (SEQR), and 6 NYCRR Section 617.5 (c), the Village of Cayuga Heights Planning Board categorized the proposed change of use as an Unlisted SEQR action and found that said action will not result in any significant adverse environmental impacts; and 64 E. On October 26, 2015 in accordance with Section 7-725-a of the Village Law of the State of New York and pursuant to Village of Cayuga Heights Article IX Section 24, III, 1, the Village of Cayuga Heights Planning Board makes the following findings with respect to the proposed change in use: 1. The proposed change of use has not sufficiently satisfied Article XIV of the Village’s zoning code that “Every building used for living purposes shall provide sufficient off- street garage space or parking space for the occupants and employees thereof;” and 2. The proposed change of use is likely to create an unacceptable increase in neighborhood noise and impact privacy contrary to the purpose and intent of the Village’s Noise Ordinance, Local Law 5 of 2012; and 3. The proposed change of use is likely to create an unacceptable increase in neighborhood traffic and parking violations contrary to Article IV Section 7.2b; and 4. The proposed change of use is not consistent with the goals, objectives, and recommendations contained in the Village’s Comprehensive Plan “to balance future development with the existing scale, density, and character of historic residential neighborhoods” and to protect “family residential neighborhoods.” RESOLVED, that site plan approval for the change in use at 520 Wyckoff Rd is hereby disapproved. Aye votes – Chair F. Cowett, S. Cunningham, D. Hay, and R. Segelken Opposed- None Item 6- Other Business • No other business was discussed. Item 7 – Adjourn Meeting adjourned at 9:15 pm.