The May Audit/ Workshop Meeting was held on May 25, 2017 at 7:00pm at the Town of Rochester Town Hall.
PRESENT:
Supervisor Chipman Councilwoman Chachkin Councilwoman Fornino
Councilman Drabkin Councilwoman Haugen-Depuy Deputy Town Clerk Ferrara
Attorney Christiana

ABSENT:

Town Clerk Gundberg

PLEDGE:

Supervisor opened the meeting and Deputy Town Clerk Ferrara led in the Pledge of Allegiance to the Flag.

APPROVAL OF THE BILLS:

A Motion was made by Councilwoman Haugen-Depuy to approve the following bills;

GENERAL FUND ABSTRACT 5 OF 2017 $ 51,214.03
HIGHWAY FUND ABSTRACT 5 OF 2017 $ 80,794.77
STREET LIGHTING $ 406.87
____________________________
$ 132,415.67

Seconded by: Councilwoman Fornino 5-0aye, motion carried

ACCEPTANCE OF GIFT:
Resolution # 70-2017:

A Motion was made by Councilwoman Chachkin to accept the gift of a flag and pole from Afghanistan Veteran Scott Michaels for the Courthouse.

Seconded by: Councilwoman Haugen-Depuy 5-0aye,motion carried

CONTINUED DISCUSSION OF THE ZONING REVISION RECOMMENDATIONS:

Councilwoman Chachkin asked for clarification on parcel vs. acres regarding the cargo or portable storage units.
At the workshop meeting on 5/23/2017 parcels were changed to acreage and the board has now decided to switch back to parcels for the public hearing.

(f) Description. Either a floor plan or a brief description of each bedroom and sleeping room, including the dimensions of said rooms, occupancy of each room and the methods of ingress and egress (examples: doors and windows) shall be included with the application. The applicant shall submit a platsketchof the property showing approximate property boundaries and existing features, including buildings, structures, well, septic system, parking spaces, driveways, streets and neighboring buildings within two hundred (200) feet on property directly adjacent to the applicant’s property.
Board changed wording of plat to sketch.

(g) Garbage Removal. The applicant shall indicate how garbage is removed from the property. If there is a dumpster located on the property, the location of the dumpster shall be depicted on the plat submitted with the application.

(h) House rules. The applicant shall submit a copy of the house rules.

(i) Maintenance. The applicant shall indicate the way lawn maintenance, snow removal, and repairs to the dwelling unit shall be maintained during the permit period.
Councilman Drabkin suggested changing language; “if any” and “if snow is removed” should be included in the maintenance.
(j) Jurisdiction. If a property owner does not reside or have a principal place of business in the confines of Ulster County, then he/she must designate the Local Manager, as an agent.

(3) Upon receipt of the application and fee, the Code Enforcement Officer shall determine if the applicant has complied with all the requirements of this local law. If the applicant has fully complied, then the Code Enforcement Officer shall issue the property owner a short term transient rental permit. However, if an applicant is required to obtain any other permits required by the Town of Rochester, County of Ulster or State of New York to rent or lease their dwelling unit on a short term transient basis, then the Code Enforcement Officer shall not issue the applicant a permit under this local law without sufficient proof that such other requirements imposed by the Town of Rochester, County of Ulster or State of New York have been satisfied.
Councilman Drabkin stated that there is duplicated language taking place in section (3).
Attorney Christiana stated that CEO shall issue the property owner a short term Transient rental permit if the applicant has complied with the requirements.
(4) Renewal permits. The applicant will provide the Town of Rochester with any changes to the original underlying application for a Short Term Transient Rental Permit, together with such additional documentation as determined by the Code Enforcement Officer, all of which will be on forms prescribed by the Code Enforcement Office, along with the current application fee. Any applicant who applies for a short term transient rental permit, and did not hold a permit for the immediate prior year, shall be considered an initial applicant and not a renewal applicant.

H. Inspections. Each unit shall be inspected by the Code Enforcement Officer to determine fire and safety code compliance. Proof of inspection in the form of the certificate of compliance must be included with the application form.

Councilman Drabkin wanted clarification on how often an inspection should be done and whether there would be a fee.
I. General Permit Regulations.

(1) Copies of the permit must be displayed in the dwelling unit in a place where it is easily visible to the occupants and in a window where it is easily visible from the street.

(2) The permit to operate a short-term rental unit in any given year will expire on December 31.

(3) Rental permits for operation of a Short-Term Rental Unit may not be assigned, pledged, sold or otherwise transferred to any other persons, businesses, entitiesor properties.

(4) All short-term rental unit properties shall have posted on or about the inside of the front or main door of each dwelling unit a card listing emergency contact information. Such information shall include, but not be limited to: the name, address and phone number of the building owner, if local, or a local manager, and a second local contact person who will be available for problems/emergencies that may arise, and instructions on dialing 911 for emergency/fire/ambulance assistance. This information shall also be posted on the outside of the house near the main door or in a window where it is easily visible from the street. A local agent shall be able to respond in person within one hour.

(5) In all zoning districts, no person or persons may be housed separately and/or apart from the dwelling unit in any tent, trailer, camper, lean-to, recreation vehicle or non-dwelling unit.

J. Complaints

(1) Complaints regarding the operation of a short term transient rental unit shall be in writing to the Code Enforcement Officer.

(2) Upon receipt of a complaint of violation, the Code Enforcement Officer shall investigate to determine the presence of a violation, and upon finding to his/her satisfaction that a violation was or is currently occurring, he/she shall issue to the property owner and the local manager a notice detailing the alleged violation(s) as determined by the Code Enforcement Officer. Such notice shall also specify what corrective action is required of the property owner, and the date by which action shall be taken.

Attorney Christiana wanted to clarify this is strictly zoning.

(3) Notices required by this section shall be issued by the Code Enforcement Officer either by personal service to the property owner and/or the local manager or by certified mail to the address of the property owner and/or local manager as shown on the permit application.

(4) If the landowner does not comply with corrective action by the date given by the Code Enforcement Officer, the Town of Rochester may initiate procedures to revoke the permit, or the Town of Rochester may begin a criminal action against the property owner or pursue any other relief permitted by law.

Attorney Christiana wanted to clarify that criminal actions must be brought forth by the Code Enforcement Officer not the Constable.

(5) Any time the Code Enforcement Officer deems it to be appropriate; he/she shall refer to the Town Board any property owners whom he/she believes to be in violation of this Local Law. The Town Board shall determine whether the permit in question shall be revoked. A revocation of a permit requires a public hearing by the Town Board. The referral to the Town Board may be done in addition to any other penalties permitted by law.
K. Violations.

(1) Any person, entity, business or corporation found to be providing short term transient rental units without a permit issued by the Town of Rochester, shall be determined to be in violation of this law.

(2) The Code Enforcement Officer shall issue aticketsummonsto any dwelling owner that, after having been investigated for and notified of non-compliance, fails to become compliant with this Local Law by the end of the period set by the Code Enforcement Officer. In the event the health and safety of individuals is at risk, the Code Enforcement Officer shall take immediate action to rectify the violation, including but not limited to, initiating proper legal steps to discontinue the operation of said rental unit and the removal of the occupants from the premises until such time the violation is rectified.

(3) A violation of this local law is an offense punishable by a fine not exceeding three hundred fifty dollars ($350.00) or imprisonment for a period not to exceed six (6) months, or both, for conviction of a first-time offense.

(4) Conviction of a second offense committed within a period of five years of the firstoffense, ispunishable by a fine not less than three hundred fifty dollars ($350.00) and not more than seven hundred dollars ($700.00), or imprisonment for a period not to exceed six (6) months, or both.

(5) Conviction of a third or subsequent offense committed within a period of five years of the first offense is punishable by a fine not less than seven hundred dollars ($700.00) and not more than one thousand dollars ($1,000.00), or imprisonment not to exceed six (6) months, or both.

(6) For the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this local law shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week’s continued violation shall constitute a separate additional violation.

(7) Compliance with this chapter may also be compelled and violations restrained by order or by injunction of a court of competent jurisdiction.
Councilman Drabkin suggested that the board reviews a copy of the Town of Woodstock adopted law regarding the transient rental units.
§140-35 Commercial Events Facilities
A. Findings. The Town of Rochester, in an effort to encourage economic development and tourism activities, recognizes that permitted business uses such as inns, bed and breakfasts, spas, and similar enterprises may desire to derive income from the occasional use of their facilities for events.

B. Purpose. This section of law is to ensure facilities which may not have been designed to service such special events meet the standards of health, safety, and welfare while allowing for such use upon satisfaction of specific standards

C. Scope. Where such facilities are permitted either by right or permit, commercial on-site events such as conferences, banquets, festivals, weddings and other celebratory or educational activities shall be permitted as a Special Use subject to the standards of § 140-16 and below: The use shall be a separate use considered a multiple use, as defined herein, and shall be required to meet the sum of all development standards for the zoning district.

D. Exemptions. Upon review of a zoning permit application by the Code Enforcement Officer where commercial event use is determined to be “regularly occurring and usually associated with such use”, approved uses such as agricultural tourism enterprises, hotels/motels, non-profit clubs, places of worship, public buildings and parks, resorts, restaurants, taverns, or other such use shall be exempt from the requirement of a Special Use Permit and these standards but, in all cases, shall be required to meet the additional parking and health and safety requirements. In such cases, the Code Enforcement Officer is empowered by the Town Board to determine if the requirements have been satisfied and may determine Site Plan review and approval by the Planning Board to be required. A nonconforming use shall not be eligible for exemption and shall require a Special Use Permit in all cases.

E. The facility shall submit a plan subject to Site Plan Review standards for the conduct of such events.

F. The number of events shall be limited to a maximum of 12 events per calendar year, each day of activities open to persons other than lodging guests counting as a separate event. If two or more separate events with different clients are held on the same day, this shall be counted as two or more events, respectively. The facility operator shall be required to notify the Code Enforcement Office of any event scheduled a minimum of 3 business days prior to the event by either e-mail or written letter. The property owner’s personal non-business events shall not be included in the maximum 12 events.

G. Event hours shall be limited to between 9:00 am and 11:00 pm. Setup and dismantling hours shall be limited to between 8:00 am and 12:00 midnight.

(1) Events held on Friday or Saturday shall be limited to between 9:00 am and 11:00 pm. Setup and dismantling hours shall be limited to between 8:00 am and 12:00 midnight.

(2) Events held on Sunday through Thursday shall be limited to between 9:00 am and 10:00 pm. Setup and dismantling hours shall be limited to between 8:00 am and 11:00 pm.

H. The designated portions of the property to be used for such events, including but not limited to temporary parking areas, temporary structures and sanitation facilities, shall be clearly identified on the site plan and meet applicable yard requirements.

I. All parking for events shall be off-street and may consist of temporary parking within required yards or, by agreement, on other properties.

J. All temporary structures and equipment must be removed within four days after each event and shall remain in place a maximum of seven days altogether, except by Code Enforcement Officer approval when the next event is scheduled within seven days of the preceding event.

K. Applicants shall document compliance with Ulster County Board of Health and other applicable health and safety regulations.
Article 6
Nonconforming Uses and Structures
§ 140-39 Rights to Continue Nonconforming Uses.

A. A use, building or structure lawfully in existence as of the effective date this law and non-conforming with it or any subsequent amendment may be continued, except as otherwise provided herein with respect to specific uses. Upon request, the Building Inspector may issue Certificates of Nonconformance to owners or operators of bona fide non-conforming uses, buildings or structures who desire confirmation of their rights hereunder.

B. It is the purpose of this Article to limit the injurious impact of non-conforming uses, buildings, lots and structures on other adjacent properties within a particular district and the community as a whole, while recognizing that alterations, continuations and extensions of non-conforming uses, buildings or structures may not be contrary to the public interest or the general purpose of this Zoning Law, when failure to allow such alteration, continuation or extension would itself lead to neighborhood or district deterioration.

C. It is further the purpose of this Article to set forth those standards which are to be applied by the Town in determining the reasonableness of proposals to alter, continue or extend a non-conforming use and to establish when Town review and approval shall be required for such actions.

D. The protections extended by this Article to existing non-conforming uses, buildings, lots or structures, commonly known as “grandfathering”, shall not extend to any non-conforming activity occurring subsequent to the effective date of this law, as amended.

§ 140-39A Definitions. As specifically apply to this subsection
Alteration – Changes made such as adding or removing windows or doors, interior renovations that do not structurally alter buildings, add living areas or result in extended or increased non-conforming use of a building, lot or structure.
Existing Building or Structure – See §140-4 Specific Definitions.
Existing Use – See §140-4 Specific Definitions.
Expansion – An extension of a pre-existing nonconforming use in conformance with current applicable codes, or a pre-existing non-conforming building/structure increasing beyond its original footprint not to exceed twenty-five percent (25%).
Councilman Drabkin asked why it can’t stay at 100%. If it is anything other than 100% you are taking away pre-existing property owners rights.
Attorney Christiana stated it can be 0% and you’re still not taking rights away.
Councilwoman Chachkin stated we would be defeating our comprehensive plan.
Councilwoman Haugen-Depuy would like to get a public view she would like to hear from Mike Baden to clarify.
Nonconforming Building or Structure – See §140-4 Specific Definitions.
Nonconforming Use – See §140-4 Specific Definitions.
Reconstruction – Removal of pre-existing non-conforming building or structure followed by a complete rebuilding of building/structure outside its original footprint but within current zoning district setbacks. This expansion shall not exceed twenty-five percent (25%) of ground-based footprint except that vertical expansion shall be limited by height restriction for underlying zoning district.
Re-establishment – The continuation of abandoned use, building, structure or lot within required time frame as per §140-43 (B).
Replacement – The removal of pre-existing non-conforming building/structure followed by new building/structure constructed upon same or smaller footprint.
Restoration – Bringing a damaged pre-existing nonconforming building/structure up to original, pre-damage conditions.
§ 140-40 Normal Maintenance and Repairs.

A. Normal maintenance and repair activities, such as painting, replacing a roof or fixing gutters, adding or removing windows or doors shall be permitted by right. Also permitted are alterations, such asAlterations such as roof replacement or interior renovations that do not structurally alter buildings, add living areas or result in extended or increased nonconforming use of a building,structure and/or lotshall require a permitor structure.

B. Increases in outside storage or display of retail or wholesale inventory, which in the ordinary course of business would be sold within one year, shall be permitted, provided they do not eliminate parking spaces, unoccupied open spaces or accesses required by this law. Notwithstanding this provision, however, the Planning Board, in reviewing any Special Use application for expansion or upon determining, with respect to any present use, that a condition exists which requires remedies, may establish limits on such storage or display or require removal of inventory (altogether or to another location on the site) to preserve adequate sight distances and residential buffers or otherwise protect public health, safety and welfare.

§ 140-41 Restoration, Reconstruction orRe-establishment. Replacement
A.If any non-conforming use, building or structure is damaged,it may be restored or reconstructed by building permit issued within five years restoration is permitted by obtaining a building permit within 18 months of the date of the damage.

B. Reconstruction of building or structure shall be permitted by Special Use permit.
C Replacement is permitted by obtaining a building permit.
B. A non-conforming use, building or structure may be re-established within a period of five years after it has been discontinued or vacated.
C. A non-conforming use, building or structure may be considered abandoned under any one of the following circumstances:
(1) The intent of the owner to discontinue the use is made obvious by the posting of signs, boarding up of windows, failure to pay taxes or assessments or other measures that demonstrate the enterprise is going out of business or the use is otherwise ending; or
(2) The building has not been occupied for five years or more and/or the use has not been exercised; or
(3) The non-conforming use has been replaced by a conforming use or changed to another use under permit from the Town; or
The Town Planning Board may, subject to Site Plan Review, permit the re-establishment of an abandoned use where the structure is particularly suited to such use and difficult to adapt to other conforming uses, provided the use has not been abandoned for more than five years. The Town Board may extend this period for good cause but not more than an additional five years by other than a zoning amendment.
D The Building Inspector, on determining these circumstances exist, shall, by certified mail, so notify the property owner of record, informing the owner the use is considered abandoned and may not be reestablished once a period of 12 additional months has expired. If an owner cannot be reached through the mail, the Building Inspector shall publish the notice once in a newspaper of general circulation in the Town and/or post the property and the owner shall be presumed to have been notified.
ADJOURNMENT:
A Motion was made by Councilman Drabkin to adjourn the meeting at 8:30pm.
Seconded by: Councilwoman Fornino 3-2aye, motion carried
A Motion was made by Councilwoman Chachkin to re-open the meeting.
It was briefly discussed to finish the recommendations at the next Town Board Meeting.

RESPECTFULLY SUBMITTED,

CHRISTINA FERRARA
DEPUTY TOWN CLERK