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Village of Cayuga Heights Planning Board
Meeting #71
Monday, April 24, 2017
Village Hall – 7:00 pm
Minutes
Present: Planning Board Members Chair F. Cowett, G. Gillespie, J. Milder, R. Segelken
Attorney R. Marcus, Deputy Clerk J. Walker, Mayor L. Woodard, Trustee M. McMurry,
Alternate E. Quaroni
Members of the Public
Item 1 – Meeting called to order
• Chair F. Cowett opened the meeting at 7:07 pm.
• Chair F. Cowett informed Board members that Code Enforcement Officer B. Cross is
absent with illness and that Trustee M. McMurry has replaced Trustee J. Marshall as
the Planning Board liaison to the Board of Trustees.
Item 2 – March 27, 2017 Minutes
• The Board reviewed the minutes of the March 27, 2017 meeting.
Motion: G. Gillespie
Second: R. Segelken
RESOLUTION No. 215
APPROVING MINUTES OF MARCH 27, 2017
RESOLVED, that the written, reviewed and revised minutes of the March 27, 2017
meeting are hereby approved.
Aye votes – Chair F. Cowett, G. Gillespie, J. Milder, R. Segelken
Opposed – None
Item 3 – Public Comment
• P. Bottorff, 2109 N. Triphammer Rd, asked about proposed changes in the new zoning
law and whether they would adversely affect his property.
• Chair F. Cowett briefly explained the proposed changes and replied that, based on his
familiarity with P. Bottorff’s past concerns with zoning, he did not think they would
adversely affect his property.
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Item 4 – Planning Board Review of Zoning Revision Draft
• Chair F. Cowett reviewed for the Board the changes made to the Zoning Review
Committee (ZRC) draft of the new zoning law dated 3-20-2017 based on feedback
from the Board at its March meeting:
o § 3.2. Controlling Regulation – text amended to include elements contained in
§ 13.2 and § 13.2 has been deleted.
o § 3.3 Definitions added for “Easement,” “Phosphorus Fertilizer,” and
“Recreational Vehicles.”
o § 4.4 through § 4.9 have been added to deal with nonconforming uses of land,
nonconforming structures, and nonconforming uses of structures.
o § 5.3.L.1 through § 5.3.L.8 have been added to articulate provisions and
conditions associated with elder cottages.
o Article 9 Natural Resources Overlay Zone has been extensively rewritten, in
particular § 9.3, § 9.4, and § 9.6. Changes include addition of § 9.3.C; in §
9.4.A reducing streamside buffers from 100 to 50 feet for perennial streams
and from 50 to 20 feet for intermittent streams; in § 9.4.C.8 prohibiting the
application of phosphorus fertilizer in streamside buffers pursuant to New
York State Environmental Conservation Law § 17-2103; revising the first three
sections of § 9.6 to make clear that disturbance of wetlands is discouraged and
specifying types of regulated activities causing said disturbance; stating in §
9.6.D that site plan review is required to conduct a regulated activity in a
wetland area greater than 1/10th of an acre and an associated 50 foot buffer
area; and the addition of § 9.3.G which gives the Planning Board flexibility in
requiring a wetland delineation.
o § 10.5 and thereafter – references to “days” have been made specific to either
calendar or business days where appropriate.
o § 12.2 – Recreational vehicles added to scope of off-street parking.
o Intermittent Streams Natural Resource Map. Intermittent streams are still
mapped, but buffers have been deleted since their location varies in relation to
the width of the streambank.
• Attorney R. Marcus stated that he had reviewed the changes referenced above and
suggested several revisions:
o Amending language in the definitions of “Easement” and “Recreational
Vehicles.”
o Amending language in § 4.8 concerning nonconforming use.
o Consulting Bolton Point as to whether water connections between an elder
cottage and a principal residence would be permitted.
o Increasing the timeframes for terminating an elder cottage special use permit
and removing an elder cottage in the event of death or permanent change of
residence of an elder cottage’s original occupant or occupants.
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• J. Milder suggested increasing these timeframes still further to facilitate greater
flexibility.
• J. Milder recommended eliminating the 1/10th of an acre threshold in § 9.6.D since
this amounted to nearly 4,400 square feet, an area sufficient for building a house.
• G. Gillespie concurred with eliminating the 1/10th of an acre threshold.
• J. Milder submitted to the Board a memo concerning short term rentals.
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• J. Milder stated that the new zoning law draft does not strike the correct balance
between regulation of short term rentals and affording property owners the use of
their property; short term rental of a primary residence should be treated differently
than the short term rental of an accessory apartment; the three different scenarios
outlined in his memo provide needed flexibility; the proposed 15 day annual limit on
short term rentals is arbitrary and too stringent and does not facilitate short term
rentals to scholars who may be visiting between 16 and 29 days.
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• Mayor L. Woodard stated that, if a residence is rented for 14 days or less annually, its
primary function is not considered by the IRS to be rental and the rental income need
not be reported; if a residence is rented for 15 days or more annually, rental income
must be reported to the IRS on Schedule C (Form 1040), Profit or Loss From Business;
if the new zoning law contains an annual limit on short term rental days, she believes
14 days is more appropriate than 15 days since it emphasizes that the rental is not
associated with commercial use.
• E. Quaroni, a member of the ZRC, stated concern about the potential impact of short
term rentals on the character of her neighborhood and that too little regulation might
allow an unwanted situation to develop.
• J. Milder replied that short term rentals shouldn’t be considered guilty of causing
problems until proven innocent; property owners deserve fair use of their property;
short term renters often cause less disturbance than long term renters since they come
and go with a suitcase or two rather than with moving trucks; while property owners
are typically absent when entire houses are rented, they are more likely to be present
when accessory apartments or bedrooms are rented; accordingly, regulation of short
term rental of accessory apartments and spare bedrooms should be less stringent than
rental of entire houses.
• Chair F. Cowett thanked J. Milder for breaking down short term rentals into three
scenarios; doing so revealed that, while the draft of the new zoning law addresses the
short term rental of dwelling units, it overlooks the short term rental of portions of
dwelling units, such as bedrooms or shared bedrooms; the ZRC will revise the draft to
take care of this and will also consider the comments made by the Board.
• J. Milder suggested that the Planning Board might want to make a more formal
recommendation to the ZRC concerning short term rentals.
• Chair F. Cowett asked J. Milder if he was requesting the Board to pass a resolution
recommending specific changes.
• Attorney R. Marcus stated that a resolution was not necessary; recommendations
made by Planning Board members to the ZRC in the Board’s March meeting did not
require a resolution and none was required now.
• Attorney R. Marcus further stated that, with regard to the new zoning law, the
Planning Board’s role is purely advisory, the ZRC has been tasked with drafting the
new zoning law, and the Board of Trustees had only requested the Planning Board to
provide feedback to the ZRC.
• The Board proceeded to discuss an email from Board member J. Leijonhufvud who
was unable to attend the meeting.
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• R. Segelken stated that the existing setbacks are part of the look of the Community
Corners area; he has trouble imagining the buildings situated close to the sidewalks.
• M. McMurry, a member of the ZRC, stated that a redevelopment scenario for all of
Community Corners would be required to properly implement the suggestions made
by J. Leijonhufvud.
• J. Milder agreed that, without an overall redevelopment scenario, any changes
suggested by J. Leijonhufvud would be implemented piecemeal.
• G. Gillespie stated that many of the suggestions made by J. Leijonhufvud already fall
within the purview of site plan review.
• The Board agreed not to recommend to the ZRC that any changes should be made to
the new zoning law on the basis of the suggestions made by J. Leijonhufvud.
Item 5 – Other Business
• The next meeting of the Planning Board is scheduled for May 22, 2017.
• G. Gillespie stated that he will be unable to attend a meeting on that date.
Item 6 – Adjourn
• Meeting adjourned at 9:31 pm.