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VILLAGE OF FAIR HAVEN Planning Board April 20 2017 Special Permit Hearing The meeting was called to order at 7:00 pm by Chair Darrell Uetz with Larry Cosser and Debra Rose present. Vivian Sciarabba and Catherine Byers were absent. Also present, Deputy Clerk, Johanne Van Der Linden, Louis Speciale, Nanda Speciale, Lezli Parsons, Darlene Pettit, Chris Parsons, Sharon Cosser, Jay Sawyer, Ed Robinson, Marcia Robinson, John Humphrey, Mary Fleming, Dean Fleming, Marc Craine, Regina Setikas, John Pupparo, Charlie Gerberich, Brandon Furber, Ian MacArthur, James J. Basile, Walter Krehling, Chris Colloca, Christopher Drogi, Tanner Brandt and Craig Arnold. Darrell introduced the Board Members and welcomed Debra Rose as the newest member of the Planning Board, and also mentioned that Catherine Byers, also a new member of the Board, was unable to attend because of a prior commitment. Darrell read the legal notice posted in the local newspaper: • Notice is hereby given that the Planning Board of the Village of Fair Haven will hold a public hearing on Thursday April 20, 2017 at 7:00 p.m. the Village Hall 14523 Cayuga Street to hear the request of Terry Mayville for a Special Permit for relief from Village Code §91-6 to operate a recreational vehicle park and campground at 14492 Lake Street tax map # 9.17-1-12.11. Any person or persons wishing to be heard may contact the village office or attend the hearing. Dated: 04/072017 • New Business: Short agenda, a request by Terry Mayville for a Special Permit for relief code § 91-6 and the Community Planning group that want to talk about tailoring some our zoning laws pertaining to our Village. • Darrell asked if Mr. Mayville was present, but no one was here. A note will be put in his file that his case has to be first presented to the County and ask for a GML 239-l Hearing. File is incomplete, Mr. Mayville turned in a few maps but it is not even close to what is expected. No details, no lot size or number of lots, so we will make reference that he has quite a lot of work to do before this comes back to our table. Asked a quick show of hand to see how many people are in favor of a campground in the middle of the Village. Only one hand went up, most of the others against the campground. • Chris Drogi, Chairman of the ZBA was wondering if this should have gone to the ZBA since in the business district a campground is not an allowed use. Permit was denied by zoning officer and the way Darrell read it, after a permit is denied it should go to the ZBA, but after talking with attorney there is another section in the zoning laws where it says it has to go the Planning Board. This will have to be clarified as it reads both ways. ---PAGE BREAK--- • The County has regulations pertaining to campground and some requirements are more detailed plot plant, size requirements, drawings, electric, sewer, roads and screening to mention a few. Also there is no entry from Main Street. Easement from the Pizza Place but a lot of concerns for safety for people going to the Pizza parlor. Edge of easement less than a car distance from Mr. Fleming’s property. There is also an easement between Pettit & Humphrey’s property, which is 66 feet wide, halfway through Humphrey’s driveway. Everyone concerned about traffic entering from any of the easements. SEQR form was filled, but the long form should have been done instead as the short form does not have a lot of information. • One letter of concern was read: To the Village Board of Fair Haven, I am writing in reference to the development of the old laundry property. It is my understanding that there is a plan to develop it into a trailer park for campers. I am opposed to this outcome for the following reasons: 1. Unattractive addition to our community 2. Increase in noise 3. Increase in traffic 4. It will encourage underage drinking and loitering 5. It will increase crime due to the attraction of unsavory characters. As we have already experienced a camper squatting on the property, who was believed to be involved with petty crime. Colleen Keefe 617 Main St., Fair Haven, NY 13064 More concerns were mentioned; supervision, screening, fencing, noise, campfires, traffic going through, light pollution, dogs and what happens in the winter, will the campers be rented; park models, rv campers and cabins. No rentals in winter. There are regulations in the zoning laws and this would be a seasonal campground. Criteria for Use Variance: Proving Unnecessary Hardship In order to be granted as a use variance, the applicant must prove unnecessary hardship by demonstrating that for each and every permitted use in the district: The applicant is substantially unable to make a reasonable return from the property, as shown by competent financial evidence; The hardship is somewhat unique, or at least not shared by a majority of parcels in the same zoning district; The hardship has not been self-created; and The relief asked for the requested variance—will not alter the essential character of the neighborhood. Criteria for Area Variance: A Balancing Test The standard to be used is the weighing of the benefit to the applicant against the detriment to the health, safety and welfare of the neighborhood or community if the variance is granted. In making this determination, the ZBA must take into account the following factors: Whether an undesirable change will be produced in the character of the neighborhood, or a detriment to nearby properties will be created; Whether the applicant can achieve his goals via a reasonable alternative which does not involve the necessity of an area variance; Whether the variance is substantial; ---PAGE BREAK--- Whether the variance will have an adverse impact on physical or environmental conditions in the neighborhood or district; Whether there has been any self-created difficulty. • All criteria have to be met and it does look like it is a self- created hardship. • On a motion by Larry Cosser, table this request at the moment and have Mr. Mayville presents his case to the Cayuga County Planning Board and Health Department, get all his paperwork in line and then represent it to the Planning Board with everything that is needed. Second by Debra Rose. All in favor, aye. • Debra Rose mentioned that this case may have to go the Zoning Board. Planning Board and Zoning Board will get together to try to figure it out and he does have 2 people he could contact for training in these areas, David Nelson and John Zepco. If necessary, Darrell will call them. Community Planning Group: John Pupparo, spoke person for the group. • We needed to find out what kind of approach we should take to redo the zoning laws to prevent box stores in coming to the Village. A petition was sent around and collected over 500 signatures of people that do not want such stores in the village. Last time codes were updated was in 2005. We feel we need to hurry up to upgrade these codes and we thought we might need to implement a moratorium to have time to finish updating codes to match the Village comprehensive master plan and vision statement. Our goal is to keep the box stores like Dollar General and so forth to come here as it would hurt the economics of the Village businesses. • The moratorium would not stop local businesses who already have plans. John would rather not have a moratorium, but have village people get together and figure out what kind of future they want for the Village. • Arguments were made that you cannot stop business owners/property owners to sell their property to whomever they would like or tell them what they can build. It would not be legal, but you could have rules regarding façade, poles, and signs that would be in line with the way you want the Village to look. • You cannot stop progress; the village has to grow. • Someone suggested getting a copy of the zoning and planning laws from different villages that did what we are trying to do, which would make the process of updating our codes much faster. • Jim Basile, Mayor of Fair Haven. One challenge we have right now, we are in search of a new attorney. Once the attorney is on board we will review the comprehensive plan, zoning and planning laws. Lots of good information tonight and we will address all of those arguments. Suggested to the Planning Board to set up meetings from now to December. Larry Cosser made a motion to close the meeting at 8:48 p.m. Debra Rose second. Unapproved minutes respectfully submitted: Johanne Van Der Linden Deputy Clerk