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HomeMy WebLinkAboutMin- 8-24-11 1 CODES AND ORDINANCES COMMITTEE MEETING MINUTES August 24, 2011 MEMBERS PRESENT: Bill Goodman, Pat Leary, Eric Levine, Bill King. MEMBERS ABSENT: Fred Wilcox, Eva Hoffmann. OTHERS PRESENT: Susan Brock, Attorney for the Town; Bruce Bates, Director of Code Enforcement; Sue Ritter, Director of Planning; Chris Balestra, Planner. Chair Bill Goodman called the meeting to order at 6:40 p.m. Agenda Item No. 1 - Member Comments/Concerns: None. Agenda Item No. 2 - Approval of Minutes from July 20, 2011 meeting: Approval of the July 20, 2011 minutes with some changes made. Eric moved and Pat seconded the motion to approve the minutes as amended, all in favor of the changes. Agenda Item No. 3 – Discussion of Comments Received Regarding Revised Local Law: Garage and Accessory Building Definitions and References in the Town Zoning Code: The Committee went through the ZBA comments and Kirk Sigel’s email. Bill G. noted that Kirk brought up an issue the COC hadn’t considered yet and that was setting percentage restrictions in the front yard for garages. The law considers overall lot coverage, requires setbacks for structures from the rear lot line, and requires setbacks from side yards. Bill G. wasn’t concerned with adding front yard percentage coverage, having enough other limiting factors, so he felt there was no need to restrict front yard coverages. Susan B. asked if we did restrict; what would a reasonable percentage be? Bill K. suggested limiting the size of garages for all zones, rather than place percentage restrictions in the front yard. The COC seemed to like this idea. They also seemed to like the idea of requiring garages to meet a size restriction proportional to the allowable street width at the lot in each zone. Bill G. asked the committee members, “If we wanted to limit the size of garages in the front yard, what would/should the maximum be for a garage”? Chris reviewed the Lakefront Residential Zone (Chapter 270-43, “C”) and a general discussion followed regarding attached and detached garages in that zone, and what would be considered a good size limit for a 2-car garage. Susan B. mentioned that the way the existing law was written was extremely confusing to follow and someone from the public would find it hard to follow. She suggested re-organizing the entire law so that it would be easier to understand – possibly creating charts that show the required setbacks and such for garages and accessory buildings in each of the zones. The charts could also include overall size limitations on garages. Bill G. asked Chris how this idea might fit into a new Town Code. Would we use the charts as a trial or example? Chris said that it would depend on what the Comprehensive Plan Committee wants to do, if they choose to recommend implementing a Smart Code, it would involve revamping and rewriting the Zoning Code in a much, simpler way where the various permitted uses are in a chart to make the entire Code easier to read. 2 Chris added that in the meantime, though, we could create a chart that would show the required setbacks for garages and accessory buildings in each of the zones. The charts could also include overall size limitations on garages. The Committee supported this idea, so staff and Bill Goodman are going to try to come up with some reasonable size restrictions on garages, along with a chart template and possible other visual examples for the September or October COC meeting. Agenda Item No. 4 – Discussion of Revised Draft Amendments to the Conservation Zone (including comments from the Conservation Board and Susan Brock): The Committee went through the most recent update (8/5/11) of the Draft Amendments (including all changes to date) provided by Susan Brock. The Committee reviewed the entire document, addressing each yellow highlighted section, followed by a discussion. The COC Committee made the following decisions: • Page 1 – change wetland definition to be consistent with the definition of wetland found in the Town’s Stormwater Management Law and draft Stream Setback Law. • Page 2 – revise and clarify Section 6.d of the law to reflect the exempt status of timber operations per the NY Ag & Markets Law. • Bottom of page 2/top of page 3 – strike words in parentheses in (1): (including forest management plans) • Bottom of page 3, Section 6, D. L – Susan Brock will craft the exact revised wording in (d), but it will read something like “Clearing and maintenance of land for agricultural purposes, including timber harvest operations that are farm operations, as defined by Ag & Markets Law, Section XXX…” • Page 4 – Susan Brock will add a reference to fee or fees set by Town Board resolution in (3). • Bottom of page 4 – move text from (i) on page 5 to (d), so the overall paragraph includes, “A description of trees to be cut, a plan to preserve healthy, mature trees to maintain a sustainable stand of woodland, and a plan to identify ecologically valuable trees of native species to be conserved throughout the harvesting operation…” • Page 5 – Yes, there are unpaved roads on the Town’s Official Map. Leave section as is. • Middle of page 5 – change text in (i) to read “A plan for restoration to a natural state, of timber harvesting areas, staging areas, and landings upon completion of the harvesting operations. Then delete the remaining text (moved to page 4, (d)). • Page 6 – no changes to (5), keep as is. • Bottom of page 6 – change “classified” to protected. • Page 8 – change last line of text in (6) from “Town Engineer” to Department of Public Works. • Page 10 – reference to fees for timber permits will be added to page 4, Section 6 (3). • Bottom of page 10 (Section 7, long yellow paragraph) – COC likes Susan Brock’s suggestion to add the following line in the beginning of the fill provision: The deposit and removal of fill is permitted in all zones, subject to the provisions of this Section. In any zone no more than 50 cubic yards of fill… • Page 11- COC likes the suggestion. Susan Brock will work on the language. • Page 13 – COC agreed that the language was duplicated, and decided to not change this section but instead make the duplicated language in section 217.B consistent with I/J. The Committee also discussed the Conservation Board comments by Diane Conneman and decided not to make the change suggested by the Board to add the phrase “for any purpose” in the definition of timber harvesting because the definition was clear enough and self-explanatory. The COC Committee also supported Diane’s idea to draft a letter or draft sheet regarding the regulations to send to landowners in the Conservation Zone. The Committee suggested this could also be noted on the Town’s website and in the Town newsletter. 3 Agenda Item No. 5 - Other Business: Bill G. mentioned a conversation he had with Rich DePaolo regarding how the Town’s Fence Law might allow someone to completely fence in a conservation area, thereby potentially blocking a biological corridor. Although this would be very unlikely to happen, Bill G. thought the discussion should be discussed as part of changes to the Comprehensive Plan. Agenda Item No. 6 - Next meeting date and agenda: Next meeting has been scheduled for September 21, 2011 at 6:30 p.m. and the agenda will include: - Presentation on Green Building Ordinances by Katie Stoner (20 minutes). - Continue discussion of Garages, if staff is able to provide the charts/visuals. - Continue review of Stream Setback Law Comments. Meeting adjourned at 8:45 p.m. Respectfully Submitted, Sandy Polce, Administrative Staff