December 18, 2020

Varick Planning Board Minutes November 19, 2020

 

Varick Planning Board

November 19, 2020 

Present: Linda Mastellar (chair), Rich Olsen (via Zoom), Michele Hermann (via Zoom), Frankie Long, Thomas Björkman (Secretary, via Zoom), one vacancy. 
Absent:  Hershey Sensenig. 

Called to order 7:02 pm

Minutes of October 22, 2020 accepted: moved by Hermann, second by Long, passed 5-0.

Subdivision procedure. 

We need to formalize a process for following up on subdivision approvals with the County Clerk. This information will let us validate that they were recorded as approved. If something is incomplete, we need to notify the landowner what additional steps they need to do.

Linda will call county clerk what she would recommend to confirm that a new deed and map was filed, and what is a reasonable time after the closing for that information to be available. How are lot-line moves reflected in tax records of the parcel? 

We should provide the landowner with instructions on what needs to happen next in order to completely fulfil the process. All the parties to a lot-line move need to sign the application in the future (Thomas will note on the application form).

Noise ordinance. 

Made small changes to reflect Town Board concerns. 

Resolution:

Forward the current text to the Town Board with the recommendation that it be adopted as town law. 

Moved by Björkman, second by Olsen. Passed 5-0.

Mastellar will call sheriff again to see about enforceability of the proposed noise ordinance. We hope to get an answer before the town board meeting.

Björkman will send the text to Town Clerk Donna Karlsen for distribution to board members. 

Adjourn. Moved Björkman, second Long, Passed 5-0. 8:41 pm

 

 

Varick Planning Board October 22, 2020

 

Varick Planning Board

October 22, 2020

Present: Linda Mastellar (chair), Rich Olsen (via Zoom), Hershey Sensenig, Michele Hermann (via Zoom), Frankie Long, Thomas Björkman (Secretary, via Zoom), one vacancy.
Guests:  Gene Pierce, Richard D. Keyser, representing Knapp Farms, Tyler Franzen, Jennifer Persoon.

Minutes of September 24, 2020 accepted: moved by Olsen, second by Long, passed 6-0.

 

Knapp Farms Public Hearing

Public hearing opened on Knapp Farms subdivision and SEQR at 7:14. Hearing no comments, the public hearing was closed at 7:15.

 

The county planning board recommended leaving the decision to local jurisdiction.

Resolution:

The Varick planning board issues Final Approval of the Knapp Farms subdivision. This action is a minor subdivision to subdivide Lot 15-1-6.1 (43.8 ac) into two pieces. The new parcel will be 2.5 acres on Rt. 89 and a small field. We accepted an Agricultural Data Statement and SEQR EAF. The application was favorably reviewed by the County planning board. The board received the Short Environmental Assessment Form and declared itself the lead agency for State Environmental Quality Review. Upon review of the EAF, the board found no impact because the action will lead to no change in land use, nor creates a condition that would encourage one. The board therefore makes a negative declaration of environmental impact.

An agricultural data statement was provided. It showed that the action will preserve agricultural land.

 

Moved by Björkman second by Hermann. Passed 6-0.

Bachman subdivision

Resolution: The condition for the Bachman subdivision Final Approval, namely concurrence by the Seneca County Planning Board, has been met.

Moved by Björkman, second by Hermann. Passed 6-0

Cider house rules

Tyler Franzen, Rt. 89, inquired whether a cidery follows the same rules as a winery. He planted apples next to Knapp Winery and is interested in developing a cidery and tasting room.

Following discussion, the board noted that we should propose an amendment to the Zoning code to allow all site-made beverages that have similar impact to a winery fall under the same rule.

To clarify the immediate situation, we make the following resolution:

It is the sense of the Varick Planning Board that this proposed cidery has identical impact on the community as a winery, and it is appropriate to treat it that way for zoning purposes, as allowed under section 311.10. 

Moved by Björkman. Second by Sensenig. Passed 6-0 

Other topics

Jennifer Persoon, listing agent for Varick Winery, came with questions from a potential buyer regarding development possibilities and restrictions on lakefront development.

The board checked whether recent subdivision approvals were ultimately filed correctly, and reflected in the county tax map.

 

Adjourn at 8:55pm Moved by Long, Second by Hermann. Approved 5-0

 

October 23, 2020

Varick Planning Board September 24, 2020

 

Varick Planning Board

September 24, 2020

Called to order at 7:10 pm

Present: Linda Mastellar (chair), Rich Olsen (via Zoom a bit later), Michele Hermann (via Zoom), Frankie Long, Thomas Björkman (Secretary, via Zoom), Absent: Hershey Sensenig, one vacancy.
Guests:  Annie Bachman, Richard D. Keyser, representing Knapp Farms.
Mark Venuti. Howard and Betsy Relin, Laura Toole.

 

Minutes of August 27, 2020 accepted: moved by Hermann, second by Long, passed 4-0 (Olsen arrived later)

Bachman subdivision.

Public hearing opened 7:13.

Public hearing closed 7:15.

Move to close by Björkman, Long second. Passed 4-0.

Resolution

The Varick Planning Board issues final approval of the Bachman sub-division on Rt. 89. The action is a lot-line move that transfers 1.226 acres from Lakeshore Winery (Parcel 09 - 1 - 45.1) to a residential lot (09 - 1 - 33.112) owned by LoFaro.

The current use of the Lakeshore property is agriculture.

The board received the Short Environmental Assessment Form and declared itself the lead agency for State Environmental Quality Review. Upon review of the EAF, the board found no impact because the action will lead to no change in land use, nor create a condition that would encourage one. The board makes a negative declaration of environmental impact.

An agricultural data statement was provided. It showed that the action will preserve agricultural land.

The approval is conditional on concurrence by the county planning board, and will be signed when that condition is met.

Moved by Long second by Hermann. Passed 5-0.

The county planning board will review at its October meeting.

 

Knapp Farms subdivision.

Resolution:

The Varick Planning Board accepted a preliminary plat for a minor subdivision to subdivide Lot 15-1-6.1 (43.8 ac) into two pieces. The new parcel will be 2.5 acres, including a lake house (5379 Rt. 89), frontage on Rt. 89 and a small hay field with a septic system. The residual property is vineyard. We accepted an Agricultural Data Statement and SEQR EAF with modifications to reflect the change in use. We will send the application to the County planning board for review.

 

Moved by Björkman, second Hermann, passed 5-0

 

The Agricultural data statement was amended to state the future use of the ~2 acres of agricultural land on the west part of the new lot, currently in hay. The amended statement was accepted.

An easement provides only for the pump at the Town water line, and water pipe to the western parcel.

We will schedule a public hearing for our October meeting.

Relin use. The property owners requested a letter for a prospective buyer stating that they would be permitted to rent the existing cabins on the property. The board determined that it could not provide such a letter. This potential use was also discussed at the August board meeting.

The question is whether the future use would be expansion of the current non-conforming use. We discussed what would constitute a change in use (from residential to commercial) and what would be and expansion of the current use. The latter is not allowed. The determination, as it was last month, was that renting the cabins to the public would be at least an expansion if not a change in use.

The cabins are not big enough to qualify as dwellings if rented as residential more than 30 days, dwellings require a minimum of 550 square feet and a kitchen.

Short-term vacation rentals

The congestion and disturbance impacts of short-term vacation rentals continue to be felt, and the previous discussion brought out some that need more resolution. We have sent a dog-ordinance revision and draft noise ordinance to the Town Board to address those two impacts on a town-wide basis. There are residual issues where a permit system would be useful for giving property owners and managers clear requirements so they can set expectations for tenants. We will continue that discussion in October. The Towns of Fayette and Geneva have experience that we are learning from.

Adjournment moved by Björkman, second by Hermann, passed 5-0
Adjourned 9:22 pm

October 04, 2020

Varick Planning Board August 27, 2020

 

Varick Planning Board

August 27, 2020

Called to order at 7:00 pm

Present: Linda Mastellar (chair), Rich Olsen (via Zoom), Frankie Long, Thomas Björkman (Secretary, via Zoom), Absent: Michele Hermann, Hershey Sensenig, one vacancy.
Guests: Annie Bachman, Neil and Lisa Olver, Sarah Abernethy.

 

Bachman Subdivision. Accepted a preliminary plat for a minor subdivision. The proposed lot line move transfers 1.226 acres from Lakeshore Winery (Parcel 09 - 1 - 45.1) to a residential lot (09 - 1 - 33.112) owned by LoFaro, allowing better access to the residence. No concerns were identified, all subdivision requirement appear to be met. Schedule a public hearing. Moved by Björkman, Second by Olsen, passed 4-0.

Olver subdivision. Neil and Lisa Olver. Considering buying Varick Winery and subdividing for homes. We recommended checking with County code enforcement on what can be built on the lots between the lake and the highway given the setbacks and topography. The dimensions and arrangement of the new parcels appear to be consistent with our subdivision code, though a judgement can only be made once a preliminary plat is submitted.

Cottage use question. Sarah Abernethy is considering purchasing a property on East Lake Road and operate five existing small cabins as vacation rentals. The main home would be a two-unit rental. She sought the Planning Board’s assessment of the proposal.

The board reported that cottages for rent are not a permitted use in the Lakeshore Residential district, due to congestion and neighbor-impact, therefore this use is not an option. Parking is likely to be a challenge, and is also an impact that the neighborhood is very sensitive to.

Minutes of July 23, 2020 approved. Moved by Olsen, second by Mastellar, passed 4-0.

Adjournment moved by Björkman, second by Long, passed 4-0
Adjourned 8:38 pm

July 24, 2020

Varick Planning Board July 23, 2020

Varick Planning Board

July 23, 2020

 

Varick winery. Prospective buyer of a local business wants to talk about potential uses.

 

Church on 414 appears to be sold. Construction across the street.

February 27, 2020 minutes approved. Moved by Herman. Second Long. All in favor.

June 25, 2020 minutes, as amended, approved.  Moved by Olsen Second by Hermann.

Discussed edits to Noise ordinance.

Move to discuss the Proposed noise ordinance be shown to sheriff and those adjustment and the draft ordinance be presented to the Town Board.  Moved by Olsen Second by Sensenig Approved 6-0.

 

Discussed solar development proposed by NextEra (Declaration Energy Center) on Depot.   Make sure the developer knows the current solar code from 2019. We will find out the status at the next Town Board meeting, and how it will match the zoning code for the area.

 

Adjournment Moved by Sensenig Second by Long. 8:45

Varick Planning Board June 25, 2020

Varick Planning Board

June 25, 2020 

Meeting called to order at 7:07 p.m. on site and via Zoom

 

Present: Linda Mastellar (chair), Rich Olsen (via Zoom), Frankie Long, Thomas Björkman (Secretary, via Zoom), Michele Hermann (via Zoom), Hershey Sensenig, one vacancy.

 

Minutes from May, with amendments accepted. Moved by Olsen, Second by Hermann, passed 5-0

Noise. Discussed draft noise ordinance language.

For next time

·      Board members will use smartphone apps to measure sound levels, and report back on the sound level of actual nuisance and non-nuisance noises in our environments.

·      Have sheriff check the Noise ordinance draft language for enforceability. Chair Mastellar will call Undersheriff Cleere to find out whether they will evaluate that.

Adjourn at 8:33 p.m.

Moved by Sensenig, second by Hermann.

Varick Planning Board February 27, 2020

Varick Planning Board

February 27, 2020

Minutes taken by Linda Mastellar, transcribed by Thomas Björkman

Present: Linda Mastellar (chair), Frankie Long, Michele Hermann, Hershey Sensenig. Absent: Rich Olsen, Thomas Björkman (Secretary), one vacancy.

 

Parella subdivision

We accepted the preliminary plat in January. The action is a lot-line move on two properties on East Lake Rd. This is a proposal to enlarge parcel 10-3-2A (5487 East Lake Rd.) by taking about 9.4 acres from 10-3-25.111.

Opened public hearing

No comments

Closed public hearing Moved by Hermann, second by Sensenig. All in Favor

Motion to approve subdivision.

The Varick planning board issues Final Approval of the Parella subdivision. This action transfers 9.4 acres of Lot 10-3-25.111 to Lot 10-3-2A.

The applicant supplied an Agricultural data statement. The board finds that there will be no impact on adjoining agricultural uses because the land use will remain the same and contains no agricultural use. 

The board received the Short Environmental Assessment Form and declared itself the lead agency for State Environmental Quality Review. Upon review of the EAF, the board found no impact because the action will lead to no change in land use, nor create a condition that would encourage one. The board makes a negative declaration of environmental impact.

The application was reviewed by the county planning board, which recommended approval.

Moved by Sensenig, seconded by Long

Passed with 5-0

Dog ordinance.

Discussed.

Noise ordinance. Dave McMillan (State Trooper) says that calling 911 will result in sending someone.

Undersheriff says that the ordinance needs to be enforceable. Waterloo has an enforceable noise ordinance. It would be valuable to have a consistent rule with Fayette and Romulus.

Vacation rental. Ask owners to post a chart of the regulations. Annie Bachman provided a sample. Any vacation-rental regulations need the intent clearly stated.

Close the meeting. Moved by Hermann, second by Long.