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HomeMy WebLinkAbout2017_0424_Planning Board Minutes.pdf1 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. 2 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. 3 • 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. 4 • 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. 5 • 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. 6 • 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.