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Public Comments on Draft Scipio Zoning and Subdivision Regulation (and changes made): 1. "dock" needs definition. Permitted length should be 75 feet like Skaneateles, or 100 feet as per NY state default regulation. (change made to draft zoning, pg.7 Definitions) Dock - A structure projecting from or along the shore into the water of Owasco Lake and including piers and wharfs used as a berthing place for boats to load or unload. (change made to draft zoning, pg.25 Docks. No dock shall extend offshore from the water's edge more than allowable by NYS law. 2. clarification needed on whether a tree can be cut near a streambed (Thoughtful practice in cutting vegetation on slopes of 25% or greater is sought in the regulation. This is explained on pg. 25, Erosion and Sediment Control, and pg.54 B1-5) Wherever feasible, natural vegetation shall be retained and protected. (It is allowed as long as it is done in accordance with NYS DEC timber harvesting regulations or is in conjunction with a farm operation, or there is no feasible alternative and the impacts including erosion are mitigated, or if the areas impacted are part of a broader plan for a site that weighs and balances the full range of environmental issues, and that such disturbance is fully mitigated by engineering and soil erosion control practices, or for stream bank stabilization or utility lines.) ---PAGE BREAK--- (no change made) 3. Why stair not more than 4 feet (111-6 b (change made to draft zoning, pg.42 B (1)a “Steps and stairs: four feet (maximum) into required side or rear yards” was removed from the draft) 4. Does "no encumbrance 50 feet from high water mark" convey public access to that land (pg. 25, 109-11)? No it does not. (See pg. 21 B) “Nothing in this Article shall authorize the Town to require that land in the WCOD be dedicated to public use, except as may ordinarily occur in connection with laying out street rights-of-way, sidewalks, utility easements, and drainage ways.” 5. Why the prohibition on giving lake rights? (109-11 p. 25) An encumbrance, as stated in the regulation, is a registered interest in land by a person who is not the land owner, and any encumbrances on a property can usually be found listed on the Certificate of Title. An easement is a common type of encumbrance that gives a person or company the right to use part of a property owned by someone else. This is not allowed because the effect of such easements in lakefront areas often results in such overuse of small pieces of lakeshore that it exceeds the carrying capacity of the land and water and results in environmental damage in those areas. This may happen where an easement to a small lakeshore parcel is given to several non-lakeshore lots, thereby generating heavy use in that small area on the lake. A lakeshore owner may still give permission to a friend or neighbor to use private lakeshore. 6. On decibel level - need to allow for mowing, chain sawing, etc. ---PAGE BREAK--- (change made to draft zoning, pg.44 2 a and b to remove the decibel limitation during daylight hours and change the overnight limit to below common power tool levels “No person, firm or corporation shall allow the emission of sound which, as measured at the property lines, has a sound level in excess of: a. Eighty decibels on the A-weighted scale between the hours of 8:00 p.m. and 7:00 a.m. 7. Too many restrictions on signs (No changes made. The detail of this section is to make clear all of the signs that are allowed, without permitting problem sign practices in the Town. The specifications need to be spelled out in detail in order to have good effect.) 8. Mobile homes should be allowed not solely in mobile home parks. (No changes made. Manufactured homes are allowed anywhere in the Town which provides for fair housing practices. Mobile homes are reserved for use in specific temporary situations listed in the regulation. This was discussed by the zoning commission at length, and the regulation was determined based on what would be in the best interest of the Town.) 9. 111-3: no need to deal with water issue; County Health Dept. does this. (Change made to the draft zoning pg. 33 “Section 111-3 Conservation design. Purpose. Conservation design has been created in support of goals set forth in the Town of Scipio Comprehensive Plan including to ‘Protect environmental quality, open space & scenic views of farmland and lakes in the Town of Scipio’. The entire Town of Scipio is contained within the watersheds of Owasco and Cayuga Lakes, comprised of scenic and productive agricultural and open space lands that also supply drinking water to public water systems as well as private water wells, groundwater and surface water that is essential to the maintenance of healthy aquatic and terrestrial ecosystems. The purpose of these regulations is to manage development so that environmental quality, open space & scenic views of farmland and lakes in the Town of Scipio are protected in support the goals of the Town’s Comprehensive Plan.” ---PAGE BREAK--- 10. Accessory dwelling unit question (No change made. Accessory uses and accessory dwelling units as allowed are detailed in each zoning district.) 11. Does underground fuel tank ban include propane tanks? P. 39, c-4 (Change made to the draft zoning pg. 39 4 “Installation of any underground fuel tank or tanks is prohibited in the District with the exception of propane tanks installed according to all applicable state and federal laws.” 12. p. 69 - all utilities have to be underground? (Change made to the draft zoning pg. 69 D (1)h. “When feasible, utility service systems shall be placed underground. 13. B&B regs need to consider modern trends such as VRBO and AirBNB. Should allow latitude to owners. (Change made to the draft zoning pg. 6 “Bed-and-Breakfast Home - A dwelling having a resident host in the primary dwelling of a private single-family or two-family home in which at least one and not more than four rooms are provided for overnight guest accommodations, and in which no public restaurant is maintained. The Bed-and-Breakfast Home shall not have more than eight occupants as lodgers. The period of accommodation shall be of a clearly temporary nature. Such use shall not be construed as a Boarding House.” 14. Are fracking disposal wells dealt with? ---PAGE BREAK--- (No change made. The new Town law on oil and gas drilling is included in the draft zoning on pg. 27 Section 110-2. The definition of Oil and gas Drilling includes: “A water or fluid injection station(s), including associated facilities;”) 15. Why the references to existing law, when the new law will have repealed and superseded existing law? (No change made. On page 27 Section 110-2, the statement “as of October 9, 2013 (effective date of prior Local Law)” has been used at the advising of Legal Consultant Nadine Bell to be clear in the law that this law had been established upon that date. It is recommended that these references be retained. 16. definition of road cuts as opposed to driveways (No change made. The term road cut is not used in the regulation, but in our discussion referred to any vehicular access point including a driveway or road. The following definitions describe the difference between driveway and road. “Vehicular Access Point Driveway - A short road leading from a public road or street to a house or garage. Public Road - A full passage right-of-way.” 17. no fence in public right-of-way including farmers (Change made to draft zoning pg. 43 D “No fence shall be constructed in a road or street right- of-way. No fence, in any case, shall impair visibility for traffic and pedestrian safety.” 18. definition of "stable" (Change made to draft zoning pg. 11 Definitions “Stable Private – Facilities for the keeping of horses for personal use and not a horse boarding facility and/or riding arena for commercial purposes.”) ---PAGE BREAK--- 19. Use of the word “nuisance” in regards to farming (Change made to draft zoning pg. 55 Section 112-5 Protection of agriculture. “Wherever agricultural uses and other uses unrelated to the agricultural operations abut, the Applicant for the nonagricultural use shall provide buffers to reduce the exposure of these abutting uses to odors, noise, and other potential activities that some might find objectionable associated with the agricultural operation. Such buffers may consist of vegetative screening, woodlands, vegetated berms, fences, or natural topographic features, at the discretion of the reviewing board.” 20. Remove reference to $100 solar permit fee waiver. (Change made to the draft zoning pg. 53 Section 122-3 C, has been removed) 21. light regulation, 5 candles too low (Change made to draft zoning pg. 46 J to remove measured limit “Exterior illumination and glare. All exterior lighting, including security lighting, in connection with all buildings, signs or other uses shall be shielded and directed downward and away from adjoining streets and properties. The Planning Board may require special efforts to reduce the impacts of exterior lighting, such as limiting hours of lighting, planting screening vegetation, or installing light shields to alleviate the impact of objectionable or offensive light and glare on neighboring residential properties and public thoroughfares.” 22. Are farms exempt from needing building permits? ---PAGE BREAK--- (No change made. Farms are not exempt from needing building permits.) 23. 7’ fence height limit (No change made. This was discussed by the zoning commission and determined that since the standard for fence materials sold is 6’ height, a 7’ height would allow for irregularities in the topography for erecting fences. This is also a common standard in zoning regulation).