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1 Village of Fair Haven Board of Trustees Special Meeting April 23, 2018 The meeting began at 7:03 p.m. followed by the Pledge of Allegiance. Board members present Mayor James Basile, Deputy Mayor Walter Krehling, Trustee Judith Dunaway, Trustee Christopher Drogi and Trustee Hope Wojtowicz. Also present Planning Board Chair Larry Cosser, Rich Cunningham with Thoma Development and 13 guests. The meeting was reconvened from April 19th to consider passage of Local Law #4 of 2018. A local law temporarily suspending development within the Village’s Central Business District. • Trustee Drogi stated the revised central business district (CBD), he believes was updated in 2008. He remembers only he and another guest was present other than the Board of Trustees. Around that time he purchased a property on Main Street in the CBD at that time. He presented to the Board an example: In this past year a ZBA hearing was held to hear an application for a variance for an automotive repair garage. The variance was denied due to the fact that the proposed location was in the Residential Agricultural District. The applicant was advised to seek a location in the CBD. If the moratorium was passed it wouldn’t be possible for that applicant to build. He believes this moratorium would hinder growth in the CBD and would personally affect him if he choose to expand his established business on Main St. He questioned if legal precedence has been researched regarding the moratorium as he will be checking on this. In conclusion he is against the proposed moratorium. • Trustee Dunaway stated she is in favor of the moratorium and doesn’t believe the people who are in favor of the moratorium are anti-growth. She believes they are for controlled growth. • Trustee Wojtowicz agrees with the majority of the people present at the hearing on April 19th and is in favor of the moratorium. She feels that with the assistance of Cayuga County Planning and the various committees that are being formed, residents and business owners alike, working together, will come up with the right plan to update the zoning. • Deputy Mayor Krehling stated he is not against growth in the Village of Fair Haven and is in favor of the moratorium. He believes concentrating on the CBD first and then addressing the rest of the zoning would be more advantages. • Mayor Basile believes 4000 square feet is right in line with the look of Main Street. He too would like to see a more planned growth. On a motion by Deputy Mayor Krehling and a second by Trustee Dunaway the proposal to accept the moratorium with the following revisions; SECTION IV, MORATORIUM, C, this moratorium may be extended by two additional periods of up to three months each and SECTION VI., VARIANCES, the hearing date of publication was changed to not less ten (10) days public notice. Village of Fair Haven Local Law No. 4 of the year 2018 A local law temporarily suspending certain development within the Village’s Central Business District. Be it enacted by the Board of Trustees of the Village of Fair Haven as follows: SECTION I. SHORT TITLE This local law shall be cited as Local Law #4 of 2018 of the Village of Fair Haven and is entitled the “Temporary Moratorium on Development in the Central Business District.” SECTION II. LEGISLATIVE FINDINGS The Village Board of Trustees seeks to regulate development throughout the Village to promote the public health, welfare and safety within the Village. The Village is in the process of updating their comprehensive plan, which will be used to evaluate the need for any changes or improvements to the Village Zoning Law. The goal of the comprehensive plan is to provide for the orderly development and redevelopment of properties located within the Village and to ensure that uses within the Village are appropriately located in relation to each other and ---PAGE BREAK--- 2 consistent with the community character of the Village. The Village further seeks to evaluate the cumulative impacts of increased commercial uses within the Village and their impact on surrounding uses. This moratorium is necessary in order to temporarily prohibit development to preserve the status quo while affording the Board of Trustees sufficient time to complete the comprehensive planning process and to amend the existing zoning laws of the Village. SECTION III. AUTHORITY This moratorium is enacted by the Board of Trustees of the Village of Fair Haven pursuant to its authority to adopt local laws under Article IX of the New York State Constitution and Municipal Home Rule Law Section 10. SECTION IV. MORATORIUM For a period of twelve (12) months from the effective date of this Local Law, no applications for development approvals for any new commercial structures to be built within the Central Business District that would meet or exceed 4,000 square feet (footprint) in size, shall be accepted or considered by officials or boards of the Village of Fair Haven. The term “development approvals” shall mean any approvals required for land use development in the Village of Fair Haven, including, without limitation, applications for subdivision approval, any special use permit, site plan approval, any variance, and/or any building or demolition permit. This local law is binding on all Village boards and officials and on all persons needing development approvals within the Village of Fair Haven. All actions on pending applications currently before officials or boards of the Village of Fair Haven for the development approvals listed herein are hereby temporarily suspended during the period of this moratorium, and no decisions shall be made either approving or denying such applications during the period of this moratorium. This moratorium may be extended by two additional periods of up to three months each by resolution of the Board of Trustees upon a finding of the necessity for such extension. SECTION V. EXEMPTIONS TO MORATORIUM The foregoing restriction shall not apply to the following: Applications for building permits for approved lots or structures to be used for residential purposes within the Central Business District. Applications for building permits for approved commercial structures that are already in existence within the Central Business District at the time this law and is enacted and any enlargement of such a structure will not exceed 4,000 square feet (footprint) of new construction. SECTION VI. VARIANCES The Board of Trustees shall have the authority, after a public hearing, to vary or modify the application of any provision of this Local Law upon its determination that strict application of this Local Law would impose practical difficulties or extraordinary hardships upon an applicant and that the variance granted would not adversely affect the health, safety or welfare of the citizens of the Village or significantly conflict with the general purpose and intent of this Local Law. Any request for a variance shall be in writing and filed with the Mayor, or his designee, and shall include a fee of Two Hundred Fifty Dollars ($250.00) for the processing of such application. All such applications shall be referred to the Board of Trustees, which shall conduct a Public Hearing on the application on not less than ten (10) days public notice and shall make its decision within thirty (30) days after the close of the Public Hearing. ---PAGE BREAK--- 3 SECTION VII. SEVERABILITY The invalidity of any word, section, clause, paragraph, sentence, part or provision of this Local Law shall not affect the validity of any other part of this Local Law which can be given effect without such invalid part or parts. SECTION VIII. REPEAL OF OTHER LAWS All local laws in conflict with provisions of this Local Law are hereby superseded and suspended for the duration of this moratorium and for any additional period that this Local Law is extended. This Local Law also supersedes, amends and takes precedence over any inconsistent provisions of New York State Village Law under the Village’s Municipal Home Rule powers, pursuant to Municipal Home Rule Law Sections 10 and 22. SECTION IX. EFFECTIVE DATE This Local Law shall take effect immediately, as provided by law, upon filing with the New York State Secretary of State. On a motion by Deputy Mayor Krehling and a second by Trustee Dunaway Local Law #4 of 2018 was approved having been put to a vote of member present, 4 in favor, 1 opposed 0 abstentions in accordance with the following vote. Voting on Resolution Yes No Absent/Abstained James Basile, Mayor [ ] [ ] [ ] Walter Krehling, Deputy Mayor [ ] [ ] [ ] Judith Dunaway, Trustee [ ] [ ] [ ] Christopher Drogi, Trustee [ ] [ ] [ ] Hope Wojtowicz, Trustee [ ] [ ] [ ] Terri M. DiGregorio Clerk-Treasurer The Board of Trustees met with Rich Cunningham of Thoma Development to discuss how to proceed with the $275,000.00 New York Main Street Grant. • Rich Cunningham stated the grant target area is larger than the last grant and is meant for building renovations. However, the State frowns upon building improvements to the inside of a building if the outside is in disrepair and there are no plans for improvements to the façade. Some initial costs (prepaid soft costs) must be paid by the property owner. The Board agreed to the grant covering 70% of the cost of each renovation and 30% paid for by the property owner. The State allows a maximum of $50,000.00 per project. If a residential unit is renovated an additional $25,000.00 is allowed. If two residential units are renovated, an additional amount of $50,000.00 is allowed with a maximum of $100,000.00. These units would have to be year-round permanent housing. The State awards extra points for façade improvements, housing improvements, handicapped accessibility and the creation of new jobs. More points are also given to projects where the property owner is contributing more than 30% of the costs. There are also preference points for properties that have not benefited from the grant in the past. Additional points are awarded to restore a historic property. If the property owner participated in the New York Main Street Technical Assistance Grant or made pre-application, extra points are awarded. All renovations must be completed by December of 2019. The scoring sheet and guide lines will need to be developed. The Board will appoint a five-member committee to perform the scoring and go over the guide lines of the grant. After the committee is chosen, Rich Cunningham or a member of his team will meet with them to finalize the guide lines. A public meeting will be held and the applications will be sent shortly thereafter. ---PAGE BREAK--- 4 • The Street scape portion of the grant is for improvements to Village owned properties such as the parks. $25,000.00 is allowed for this portion of the grant and could be used for benches, bike racks, trash receptacles, trees, fencing, decorative lighting, pavers, etc. The purchase of a sound system for Central Park will be researched by Mr. Cunningham. Two quotes must be obtained for the purchase of each item. A formal plan with drawings must also be submitted. Any ground disturbances require an environmental evaluation. This is the last disbursement after all the projects have been completed. • The Village has been awarded a SAM grant through Senator Helming’s office to remodel the village hall and garage. An old plan to remodel the village hall/garage was examined to see if it can be used. Rich Cunningham will research the SAM grant to possibly assist the Village with the process. • Mr. Cunningham advised the Board that it may be possible to obtain a Community Development Block Grant for handicapped accessible public restrooms and will inquire about this through the Office of New York State Homes and Community Renewal. • The Board also asked Rich Cunningham about the NYS DEC and Community Forestry Grant. Thoma Development could also assist with this tree grant but first a tree inventory must be performed. The Board entered into executive session at 8:55pm to discuss collective negotiations pursuant to article fourteen of the civil service law, on a motion by Trustee Dunaway and seconded by Trustee Wojtowicz. All aye, motion carried. The Board exited executive session at 9:25pm on a motion by Deputy Mayor Krehling and seconded by Trustee Drogi. All aye, motion carried. There were no decisions made while in executive session. The meeting was adjourned at 9:30pm on a motion by Deputy Mayor Krehling and seconded by Trustee Drogi. All aye, motion carried. Unapproved minutes respectfully submitted. Terri M. DiGregorio Clerk-Treasurer, RMC, CMFO, CMC