Village Board Work Session

Village of Nyack 9 North Broadway, Nyack, NY 10960 Village Board of Trustees Work Session Meeting February 29, 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. Prior to the meeting on 2/29/24 the Village Attorney will provide draft code amendment language for the items noted in the attached memo as ready for this level of consideration. 3. Public Comment 4. Adjournment INTEROFFICE MEMORANDUM TO: MAYOR AND TRUSTEES FROM: ANDY STEWART, VILLAGE ADMINISTRATOR SUBJECT: CODE REVIEW PRIORITIES DATE: JANUARY 24, 2024 REVISED 2-8-24 REVISED 2-29-24 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. Hotel bed tax to fund tourism promotion efforts. 3. The tree removal code was amended to exempt single tree removals from Planning Board review. 4. Zoning code was amended to make adaptive reuse of existing buildings more likely. 1  5. Zoning code was amended to reduce parking requirement in downtown zone. 6. The fee for sidewalk construction inspection was recently reduced to make this investment in essential infrastructure more palatable to homeowners. 7. 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 BOT has reviewed memos from the Village Planner Bob Galvin addressing the following policy items, that were discussed at workshop meeting on 2/9/24. - ARB – limit review authority to projects visible from the public streets; and exempt mechanical equipment from review. ON 2/9/24 BOT ASKED FOR DRAFT LAW TO CONSIDER. - PB – eliminate review of 1- and 2-Family residences, since typically construction projects go to the ARB for review, there usually are no “planning issues” (ie, parking, traffic, drainage), and zoning issues such as variances for setbacks would go to the ZBA - ON 2/9/24 BOT ASKED FOR MORE INFORMATION ON BALANCING EFFICIENCY WITH NEIGHBOR CONCERNS. - PB – subdivision – eliminate need for PB special permit for the merger of two or more lots. ON 2/9/24 BOT ASKED FOR DRAFT LAW TO CONSIDER. - PB – lot apportionment – proposed changes to lot lines that only reapportion parcels without creating a new buildable parcel would not be treated as minor subdivisions and therefore not be subjected to SEQRA and PB review. ON 2/9/24 BOT ASKED FOR DRAFT LAW TO CONSIDER. - Veterinarian clinics – allow them in the Village. ON 2/9/24 BOT ASKED FOR DRAFT LAW TO CONSIDER. - Rooftop dining in downtown zones. ON 2/9/24 BOT DECLINED TO CONSIDER THIS MATTER FURTHER. - STRs - ON 2/9/24 BOT ASKED FOR MORE INFORMATION ON OPTIONS FOR REGULATION. - ADUs in 1- and 2-Family Zones - ON 2/9/24 BOT ASKED FOR MORE INFORMATION ON OPTIONS FOR REGULATION. On 2/9/24 the BOT also discussed these topics: 1. 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: 2 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);… The question has been asked as to the benefits of rescinding the amendments and reverting to an earlier version of this zoning. BOT GUIDANCE NEEDED. 2. 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. BOT GUIDANCE NEEDED. 3. 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. BOT GUIDANCE NEEDED. 4. NOISE CODE The current code is difficult to use with its reference to decibel meters unavailable to local police d standards for internal building vibration that are unachievable without extraordinary architectural sound proofing. ON 2/9/24 BOT ASKED FOR MORE INFORMATION ON OPTIONS FOR REGULATION. Here are two more topics that the BOT may want to consider further: 5. COMMERCIAL CORRIDOR ZONE The Village’s 2016 Comprehensive Plan recommends the BOT review the zoning of the CC Zone with a goal of fostering mixed use retail and multifamily housing as well as a more attractive and walkable streetscape with better accessibility for nearby residential areas. This is one way to approach the need for more housing inventory. BOT GUIDANCE NEEDED. 6. SEWER OVERFLOWS AT NYACK PUMP STATION The sewer pump station at the Nyack Marina is owned and operated by the Town of Orangetown. It overflows during severe rain events, littering the parking lot with raw sewage. The Town has spent millions relining sewer pipes to prevent rainwater infiltration, but overflows continue, due to the history 3 of illegally connecting sump pumps and roof leaders to sewer lines. One policy solution is to require property owners to obtain a certification of compliance indicating no illegal connections to sewers. The Village of Scarsdale recently adopted such a law. BOT GUIDANCE NEEDED. 4