Village Board of Trustees Work Session

Village of Nyack 9 North Broadway, Nyack, NY 10960 Village Board of Trustees Work Session Meeting February 8, 2024 6:30 pm YouTube meeting livestream access link (public comment is in-person only): https://www.youtube.com/channel/UCJIPWjS1Be7gq4S7KiIh7Ag 1. Pledge of Allegiance 2. Policy discussion The attached memo summarizes a range of policy topics which would require changes to local code to implement. The board needs to consider which topics to refer to the Land Use Technical Committee for review and which ones it might like to refer directly to staff for drafting of code amendment. Topics include: 1. CHANGE SCOPE OF ARB AND PLANNING BOARD REVIEW TO DECREASE APPLICATIONS IN FAVOR OF ADMINISTRATIVE REVIEW BY BUILDNG DEPARTMEMNT 2. VETERINARIAN CLINICS – ALLOW THEM IN THE DMU 1 AND 2. 3. ROOFTOP DINING – ALLOW IN DMU-1 AND 2 4. ACCESSORY DWELLING UNITS – ADUs 5. WATERFRONT DISTRICT ZONING AMENDMENT 6. MORATORIUM ON NEW CONSTRUCTION 7. SHORT TERM RENTAL REGULATION 8. PARK EVENT PERMITTING 9. RESTAURANT PARKLETS (“BUMP OUTS”) 10. NOISE CODE 3. Public Comment 4. Adjournment 1 ========================================================================= INTEROFFICE MEMORANDUM =================================================================== TO: MAYOR JOE RAND AND TRUSTEES FROM: ANDY STEWART, VILLAGE ADMINISTRATOR SUBJECT: CODE REVIEW PRIORITIES DATE: JANUARY 24 REVISED 2-1-24 __________________________________________________________________________________________ Background: Periodically, as a legislative body, the BOT uses its powers to enhance or update village code. The Board recently adopted several code amendments: 1. The village adopted the NYS Stretch Code for energy efficiency. 2. The village updated its affordable housing code. 3. Hotel bed tax to fund tourism promotion efforts. 4. The tree removal code was amended to exempt single tree removals from Planning Board review. 5. Zoning code was amended to make adaptive reuse of existing buildings more likely. 6. Zoning code was amended to reduce parking requirement in downtown zone. 7. The fee for sidewalk construction inspection was recently reduced to make this investment in essential infrastructure more palatable to homeowners. 8. The sign code is under review to exempt certain minor changes to exterior signs from ARB review, to reduce costs to both applicants and village. The LUTC, Village Administrator, Village Planner and Building Inspector have identified additional areas of interest for code amendment, which the trustees may want to refer to the LUTC for further detailed analysis: 1. CHANGE SCOPE OF ARB AND PLANNING BOARD REVIEW TO DECREASE APPLICATIONS IN FAVOR OF ADMINISTRATIVE REVIEW BY BUILDNG DEPARTMEMNT ARB SCOPE: Limit the scope of ARB review to projects that are actually visible from a public street or public driveway (such as a drive-thru). Currently, the Code requires that the ARB review all construction or alterations of any structure or item in the Village that would affect the exterior appearance or would be visible from the exterior. An amended code could establish thresholds for review for single, two and three family residences. These thresholds would relate to any construction or alteration that is visible from any public street and exceeds 30% of the square footage of the structure’s front elevation; for decks and uncovered porches review would be only if they exceed 25 square feet; windows would be reviewed if visible from any public street. The review of all non-residential and 2 multi-family would remain the same. Additionally, the Building Inspector would be provided the flexibility to refer an application to the ARB for a recommendation which would otherwise not be subject to ARB review. Exempt mechanical equipment (Generators, rooftop HVAC, heat pumps located on the ground next to a building) from ARB review, by adopting the standards for screening of such equipment that the ARB typically requires anyway. PLANNING BOARD SCOPE: Limit the scope of Planning Board review to exclude alterations and/or new construction of 1 and 2 family homes that have no impact on typical planning issues such as traffic or stormwater runoff, understanding that alterations visible from the street will go to the ARB, and alterations that require variances will go to the ZBA as usual. 2. VETERINARIAN CLINICS – ALLOW THEM IN THE DMU 1 AND 2. Currently “Animal Hospital or Kennel” is allowed only in the CC and M zones. Amendment of zoning code to define veterinarian clinics separately from kennels and hospitals could allow veterinary clinics in the downtown area, same as dog grooming and medical services for humans. 3. ROOFTOP DINING – ALLOW IN DMU-1 AND 2 The BOT recently approved rooftop dining in the M zone. Perhaps with further restriction on amplified sound/music, similar legislation for the DMU 1 and 2 zones might enable further investment in, and enjoyment of, the downtown area. Bob Galvin’s memo on the topic is attached. 4. ACCESSORY DWELLING UNITS - ADUs Accessory Dwelling Units are one way of helping to increase housing opportunities in the Village and enable property owners to generate revenues to help offset costs. In the 2- family zone (TFR), change bulk requirements to allow 2 family occupancy where parcels are currently too small to qualify. In the 1 – family zone (SFR), allow mother-in-law suites under certain conditions, like Orangetown (owner occupancy, etc.) 5. WATERFRONT DISTRICT ZONING AMENDMENT In 2017, after considerable debate and professional consulting, the BOT amended Waterfront District zoning in various ways consonant with its vision for the TZ Vista development. The amendments were summarized in the adoption resolution thusly: BE IT FURTHER RESOLVED that the WF Zoning District text amendments adopted in 2016 were designed, inter alia, to provide certain dimensional (bulk) incentives applicable to future site development plans in the WF zoning district, which incentives may be obtained if the Nyack Village Board, in the context of a grant of a Special Permit, determine that the zoning language has been complied with, and that design and development incentives introduced into the legislation are adequately incorporated by a potential developer (i.e. design guidelines, view shed preservation, open space, and public access to the waterfront);… 3  6. MORATORIUM ON NEW CONSTRUCTION With the recent addition of several new buildings along the upper Main Street area, it has been suggested that the Village consider a six-month moratorium on approvals for multi-family construction projects, either in that Upper Main area or throughout the Village. The intention would be to consider whether more comprehensive zoning changes should be discussed and considered. 7. SHORT TERM RENTAL REGULATION There are about 20 STR’s, such as AirBnB, in Nyack. They do not pay the Nyack hotel bed tax. The growth of STRs is beneficial to tourism and property owners’ financial interest, but in some places has been seen as a threat to normal rental housing availability for permanent residents and to neighborhood quality of life. Various approaches to regulation exist, from taxation, to seasonal or year round limits on duration (30 day minimum stay?), to registration for purposes of annual inspection and taxation, etc. 8. PARK EVENT PERMITTING FEE AND STAFFING – it may make sense to require village staff be present during weekend events to ensure safety and property maintenance, imposing this cost, as well as a security deposit and an application fee to cover administrative labor cost, on private event sponsors. 9. RESTAURANT PARKLETS (“BUMP OUTS”) Expanded outdoor dining, started due to Covid, is beneficial to certain restaurants as well as creating a lively pedestrian experience, but does take away parking spaces and create certain hazards, such as poorly anchored umbrellas and the occasional collision of a car into a barrier. If the village is to continue this program it should be codified into local code. 10. NOISE CODE The current code is difficult to use with its reference to decibel meters unavailable to local police and standards for internal building vibration that are unachievable without extraordinary architectural sound proofing. 4