Village Board of Trustees Work Session

Village of Nyack 9 North Broadway, Nyack, NY 10960 Village Board of Trustees Work Session Meeting May 11, 2023 7:00 pm YouTube meeting livestream access link (public comment is in-person only): https://www.youtube.com/channel/UCJIPWjS1Be7gq4S7KiIh7Ag 1. Pledge of Allegiance 2. Presentation: Steve Knowlton, Chair, Land Use Technical Committee, “Initial Recommendations of the Land Use Technical Committtee” 3. Public Comment 10. Comments from the Village Board of Trustees 13. Adjournment  INTEROFFICE MEMORANDUM TO: MAYOR AND VILLAGE BOARD FROM: STEVE KNOWLTON, LUTC CHAIR SUBJECT: INITIAL RECOMMENDATIONS DATE: MAY 3. 2023 CC: Village Planner, Village Administrator and Village Attorney Mr. Mayor and the Village Board: Please accept the memorandum as a summary of the items discussed at the first LUTC meeting. In advance of the May 11, 2023 Village Board workshop, please note that items 1, 2 and 5 are, in the LUTC’s opinion, ready for Board action. The other items require further attention. 1. Sign: LUTC agreed that sign applications that involve simple or basic changes (same size, basic design, etc) can be administratively handled by the Building Department rather than requiring an ARB appearance and approval. 2. Applications for the removal of a single tree (of any size) that is accompanied by an arborist's letter or, after inspection by the Chief Building Inspector is determined to be a hazard, can be removed without application to the Planning Board. Applications for more than 1 tree require an appearance before the Planning Board. 3. LUTC recommends that where legally permitted, the period of Board/Building Permit approvals should be extended beyond the current minimum. The length of the extension period requires discussion. LUTC also recommends that one extension of a board/building permit approval can also be granted administratively by the Chief Building Inspector with the payment of a fee totaling 1/2 of the original building permit fee. 4. Telecom statute: Manny will forward to Steve the current federal regulations and he will offer amendments to the Nyack code to bring it into agreement with the federal regulations. The Building Department is investigating the retention of an expert to assist with this effort. 5. LUTC recommends that a downtown establishment with a street bump-out waives its privilege to also have sidewalk dining UNLESS all ADA requirements for sidewalk clear passage can be met. In instances where the ADA sidewalk requirements cannot be met, the business cannot obtain a permit for sidewalk dining until the bump-out is removed. 6. Short term rentals: LUTC recommends a minimum 28 day stay for STRs and to have Nyack's hotel tax apply to STRs. Will ask Bob to research legislation from other jurisdictions for modelling purposes. 7. LUTC recommends amending Table 4-1 (Use Table) to permit Rooming Houses and SRO as a permitted use. The LUTC is sensitive to the potential concerns of the community regarding this type of use. The LUTC recommends for consideration that this use requires owner occupancy and potentially other safeguards. Will also ask Bob to research this issue. 8. Code Enforcement: LUTC recommends that the Village increase enforcement of non- compliant signage and non-compliant sidewalk seating. (ADA concerns). Discussion also centered on communications to businesses and individuals potentially at risk for enforcement, and enhanced communication between departments (building, village attorney and village justice) to enhance the deterrent effect of violations and fines. 2