4/21/2009 12:00:00 AM
Special Meeting
VILLAGE OF FAYETTEVILLE
BOARD OF TRUSTEES
4/21/2009
Minutes of the Village of Fayetteville Board of Trustees meeting held Tuesday April 21, 2009 at 7:20am.
Mayor Olson called the meeting to order at 7:20am in the Board Room of the Fayetteville Village Hall.
Mayor Olson explained that the board was holding this special meeting to discuss the determination of the Zoning Board of Appeals with regards to the residency requirement of a Commercial residence “A” in the R-3 District and to consider the adoption of the proposed Moratorium Law.
The Onondaga County Planning Board had no recommendation and stated that the Village could act freely on this matter.
Trustee Coleman is in complete agreement that the Village Board needs to fix the wording in the Code to clarify the residency requirements in the R-3 District.
Trustee Small is in favor of a moratorium so that the board can review the ambiguity in the zoning law with regards to the R-3 district. Trustee Small thinks that it is important that the board look at the needs not simply what is already there.
Mayor Olson stated that there is a lot of talk and concern in other areas of the code, such as rental property.
Richard Greene suggested that the board consider creating a special use permit for multi-family dwellings. This type of permit would give the board a means of regulating the rental properties.
The board asked Attorney Spencer that if the word “new “ was added to the proposed moratorium would this change things with regards to applications that have already been reviewed, but not yet approved.
Attorney Spencer stated that it would in fact make a difference and would allow the Planning Board to act on the application submitted by Craig Polhamus.
Craig Polhamus apologized to the board about comments that he made at the last Village Board Meeting. Mr. Polhamus said that his comments might have been unfair and he did not mean to imply any impropriety on the part of Trustee Coleman.
Trustee Kinsella discussed the proposal submitted by EDR and the scope of work they are proposing to do regarding the review and amendment to the Zoning Law.
Mayor Olson read the proposal from EDR. The proposal would be to provide assistance in the analysis and update of the Village of Fayetteville’s Historic Preservation Overlay, R-3 residential and Limestone Zoning Districts.
Trustee Kinsella stated that he did not mind supporting the moratorium as long as the process was done quickly and he does not want to see it dovetail into too many things.
Trustee Randall is in agreement as long as the board acts in a timely fashion and keeps to the scope of work that has been laid out by EDR.
Trustee Small made a motion to insert the word “new “ in front of application in the proposed Moratorium Law and to adopt the law as stated below:
Local Law No.____ of the year 2009
A local law imposing a six month Moratorium on the approval of applications for uses in R-3 District in the Village of Fayetteville.
Be it enacted by the Village Board of Trustees of the Village of Fayetteville as follows:
Section 1. Title.
This local law shall be referred to as Imposing a Six-Month Moratorium on “new” applications or proceedings for applications for, or the issuance of approvals, permits and zone changes for uses in an R-3 District within the Village of Fayetteville.
Section 2. Purpose and Intent.
Pursuant to the statutory powers vested in the Village of Fayetteville (the "Village ") to regulate and control land use and to protect the health, safety and welfare of its residents, the Village Board of Trustees of the Village of Fayetteville hereby declares a six-month moratorium on applications or proceedings for applications for, or the issuance of approvals, permits and zone changes for uses in an R-3 District within the Village.
This moratorium will allow time for Village officials to review and update the Village's code and/or regulations regarding the commercial and residential use of properties in an R-3 District. Additionally, this moratorium will allow the Village to, among other things, make such other regulations as may be necessary to promote and preserve the health, safety and welfare of the Village of Fayetteville and its citizens.
The Village Board of Trustees has determined that it is necessary to clarify the requirements of uses within the R-3 District and the occupancy criteria for such uses.
The Village Board of Trustees desires to address, in a careful manner, the uses in the R-3 District through a comprehensive review of the applicable criteria to ensure it is in harmony with the Village’s overall plan of use and occupancy within its residential neighborhoods, including its Comprehensive Plan and historical precedent of prior Village approvals.
Trustee Kinsella seconded the motion and it was carried by unanimous vote.
Trustee Small made a motion to hire EDR to provide assistance in the analysis and update of the Village of Fayetteville’s Historic Preservation Overlay, R-3 residential and Limestone Zoning Districts at a cost not to exceed $4,000.00. Trustee Kinsella seconded the motion and it was carried by unanimous vote.
Trustee Small asked for authorization to attend a NYCOM Conference in Canandaigua for a cost of $95.00.
Trustee Coleman made a motion to allow Trustee Small to attend a NYCOM Conference in Canandaigua and pay the registration fee of $95.00. Trustee Kinsella seconded the motion and it was carried by unanimous vote.
Trustee Small made a motion to adjourn the meeting at 7:45am. Trustee Coleman seconded the motion and it was carried by unanimous vote.
Respectfully submitted
Lorie C. Corsette
Village Clerk
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