December 02, 2007

Adopt code revisions

The Town of Varick is on the verge of acting on significant revisions to an old and obsolete zoning code. The I encourage the town board to pass these revisions on December 4th. It is essential for protecting the interests of Varick’s residents.

This is truly the plan of the people of Varick. Hundreds of people have had direct input to the planning board through our comprehensive planning, and during the two years that we have worked on turning the vision into specific policies in the form of these revisions. The full text of the revisions can bee seen on Varick’s website www.VarickNY.com.

Varick will continue to change. Passing an up-to-date zoning code lets those of us who have chosen to live in Varick have some assurance that what we value will still be here tomorrow. Our neighbors on Canandaigua and Keuka Lakes waited until it was too late. They suffer with congestion and high taxes that many in Varick shudder at. There is till time to determine our fate, but not much time.

The main thing the revisions achieve is to create districts that reflect different expectations and land use challenges.
  • The lakeshore and hamlet zones require some protections to recognize the high-density residential development there.
  • Agriculture is central to Varick’s nature, both as a major business and what creates the beautiful environment that we so value.
  • Hamlet vitality is encouraged through development that makes them more attractive to live in.
  • The plan encourages business, especially home-grown small business, that strengthens our community. The businesses at the north end of the Depot are good fits that need encouragement and protection from incompatible uses.
  • Water is a defining character of Varick, and resident are deeply concerned about water quality. The plan protects water quality, especially near the lakeshore.
The code revisions provide basic protections for residents and property owners in Varick that are missing in the current code.

Of interest to many residents is that the plan codifies our vision for future development on the former Seneca Army Depot. In New York, the Town has responsibility for determining land use. The proposed revisions fulfill that responsibility by establishing guidance for that part of the town that reflects what Varick resident value: Conservation, recreation and green energy. It also gives town officials a needed legislation to support them when they partner with the Seneca County IDA in redeveloping this property for the benefit of the community.

In a small town, providing accurate, uniform, customer-friendly zoning enforcement is a challenge. The code revisions are designed to be very clear. Residents can plan projects seeing clearly what provisions need to be met for the community’s sake. They are also easier and less expensive to enforce so that they are fair to everyone.

Passing these revisions shows accountability to the residents of the town, and a willingness to take responsibility for our future. Failing to revise the zoning code in the conservative manner proposed by the planning board leaves the town vulnerable and without an adequate voice in its own future.


Thomas Björkman

November 2007 Minutes

DRAFT
Date of meeting: November 15, 2007

Meeting called to order: 7:00 pm

Attendees: Thomas Bjorkman (Chairman), Annie Bachman, Bill Larzelere, Larry Peterson, Frankie Long, Kevin Swartley
Absent: Bob Kayser

Guests at meeting: Tom Battaglia of Sessler Wrecking, Gary Chave and Tom Mitchell of Seneca County Federation of Sportsmen’s Clubs
• Tom Mitchell complimented the Board on the work that was done on the zoning code changes. He then passed out a resolution and read it to the Board. The resolution is attached to these minutes.
  • The Sportsmen’s clubs are opposed to “canned hunts” and “fee hunts” on Depot land. They asked that the Varick Planning Board include language in the proposed zoning code changes to prohibit canned and fee hunts. They want land open to the general public for hunting but did not have a plan for managing the deer herd.

• Chairman Bjorkman asked Tom Battaglia what plans Sessler Wrecking had for the property on the former army depot that they have proposed to lease and eventually purchase from Seneca County.
  • Mr. Battaglia began with a history of the Sessler philanthropy and mission to do good things for the area. He described the area that has been proposed and described the proposed “lodge” as an educational facility as well as place for public guests to stay while on their property. The property will include approximately 2300 acres that would be used for agricultural uses and fee hunting.
  • There will also be five 10 acre lots developed with gas and water infrastructure for support businesses that are undefined at this point.
  • Mr. Bataglia asked the Board if the language for the Green Energy and Conservation zone was going to stay the same, as it was very restrictive to their plans and they would probably not be able to do the plan and supply the jobs and business if the language was not changed. He assured the board that the plans were in the best interests of the Town of Varick.
• Chairman Bjorkman thanked both groups for their time and presentations and they left the meeting.

Discussion followed about the nature of the fenced depot property and the environmental nature of the property with the deer herd and the need to properly manage the herd for their own good and how this could be accomplished by the approach of both groups.
Kevin Swartley talked about the need to support changes to the language to allow more development in the Green Energy, Conservation Zone.
Bjorkman discussed his proposal to take the lead role in the SEQR process for the Sessler project. Swartley suggested that unless we made changes to the code that we would not need to do SEQR because the project would not be able to proceed.

• Swartley moved not to pursue lead agency status unless the proposed zoning code is amended to allow industrial development in the Green Energy, Conservation zone. Peterson seconded the motion. The vote was 2 for, 3 against and 1 abstained. Motion failed.
• Chairman Bjorkman moved to be lead agency for the Sessler project. Frankie Long seconded the motion. The vote was 2 for, 3 against and 1 abstention. The motion failed.

Chairman Bjorkman outlined some of the changes the Seneca County Planning Board suggested for our zoning code proposal.
• Subdivisions - new wording to replace the word “conveyance” as this was somewhat vague in the definition. Thomas will craft and e-mail the change for our board to approve.
• Encourages changes to the code to be less restrictive in the Green Energy and Conservation Zone that would allow some commercial and recreational uses as was outlined in the Depot Redevelopment master plan last updated by the “Crotty Group”
• Bjorkman will scan the text of Seneca County Planning Board comments and e-mail to our board.

Bill Larzelere moved that uses such as transient residential motels, B&B’s, camping, or retreat facilities be appropriately listed as special use permits required in the Green Energy and Conservation zone. Frankie Long seconded. The vote was 4 yes and 1 no. Motion passed.

Chairman Bjorkman moved to add land along the route 96A Depot fence to the Varick Small Business/Commercial zone. Larzelere seconded the motion. The motion passed unanimously. The land added will be 500 feet deep by 5000 feet long. Bjorkman will modify the zone map. There will be one entrance to the land and a roadway to access the property behind the fence.

The Zoning Code Changes will be presented for approval to the Varick Town Board at a public meeting at 7:00 pm December 4th before the regular Town Board Meeting.

The October meeting minutes were approved. Peterson moved, Frankie Long seconded.

All Planning Board Minutes will be posted on the Town Website within 2 weeks of the meeting and be labeled as “DRAFT” until approved at the following board meeting.


No meeting was set for December

Meeting was adjourned at 9:30 pm

Respectfully submitted,
Bill Larzelere


Chair’s note: On checking with the County Planning Department, the concern regarding subdivisions can be addressed by striking “lease” from the definition of Subdivision in the Subdivision Code.

November 2007 Agenda

Varick Planning Board
Agenda
November 15, 2007

Approve minutes
October 25, 2007

Petition by residents
Gary Chave and Tom Mitchell, Seneca Federation of Sportsmens Clubs

Committee reports: none

Information items:

Discussion items:
Sessler proposal in CRE district
New Business
Old business:
Zoning Code
  • Update on progress
  • Response from County Planning Board
New subdivision proposals: None

Set next meeting time: Currently scheduled for Dec 27, 2007 7:00 pm

Adjourn

October 2007 Minutes

Varick Planning Board
Minutes
October 25, 2007

Meeting called to order: 7:05pm

Attendees: Thomas Bjorkman (Chairman), Bob Kayser, Bill Larzelere, Larry Peterson, Frankie Long, Kevin Swartley
Absent: Annie Bachman

The September meeting minutes were approved. Kayser moved, Peterson seconded

New Business:
  • Amended language to subdivision code: Presented by Bjorkman in the document italicizes language changes.
    • Subdivide property once is considered a subdivision subject to planning board approval. (2 or more lots)
    • Lease or conveyance
    • Sec. 4B Change of language to define the format of the drawings required
  • Long- motion to approve changes to sub-division language as submitted and discussed. Kayser second- approved unanimously.
Old Business:
Discussion of issues of concern brought up at the public informational meeting from residents:
  • Kayser talked to Dick Peterson about his concerns.
    • Unused farm equipment – 1 year period is too short before removal. Discussion concluded that if equipment isn’t used for one year that it needs to conform to section 309.2 paragraph B and be screened from neighbors view.
    • Painting of vehicles in approved spray booth- Too restrictive and unenforceable. Discussion concluded Ag. equipment in Ag./Rural Residential zone is exempt and took out language requiring approvals and a spray booth. New language (pg19 309.2 paragraph A) would require “such work is performed inside a structure or similarly enclosed area designed for such purpose”
  • Setbacks better defined- sec 309.1 General Design Standards- Bulk tables
    • Front setback- 50 feet from centerline of road.
    • Lakeshore Zone- Main structure height measured from the mean high water mark and also the measuring point for the rear(lakeside) setback.
    • All setback requirements are the landowners responsibility to assure compliance with the code
  • Lakeshore Zone
    • Add in 309.5e1 parking for cottages – new construction- provide off street parking for a minimum of two cars.
    • Dock language- boat houses are to be a maximum of 16 ft. to the peak of the roof.
  • Grandfathering – Non conforming uses can not be passed on to heirs
  • Outdoor retail sales-
    • Size of sales booth is defined in code
    • Outdoor retail sales of agriculture products are approved for all zones
  • Puppy Mills
    • Frankie Long does not believe we address the issue decisively
    • Ag and Markets has the regulations and is the enforcer
  • Kevin Swartley made the point that a Varick Town board member suggested that our code does not provide for industrial or ancillary businesses on the depot in the Town of Varick. Bjorkman clarified that this issue had been thoroughly discussed in several prior meetings and was addressed in the Comprehensive Plan and the public surveys. The zoning code is consistent with these.
  • Timeline for adoption of Zoning Code Revisions
    • Presented by Bjorkman - Need to do SEQR and present to Town Board in the November meeting. Town Board will forward to the County Planning board for their approval and then back to the Town of Varick Board for approval at the December Board meeting.
    • Kayser will work with Harriet Haynes to complete the SEQR.
  • Frankie Long moved that all changes be approved and presented to the Town of Varick Board. Larry Peterson seconded and the motion passed with one negative vote.
Next meeting was set for November 15th 7:00pm at the Varick firehouse

Meeting was adjourned at 9:30 pm

Respectfully submitted,
Bill Larzelere Secretary

Approved November 15, 2007

September 2007 Minutes

Town of Varick
Planning Board Meeting Minutes
September 27, 2007

Meeting called to order: 7:05pm

Attendees: Thomas Bjorkman (Chairman), Bob Kayser, Bill Larzelere, Larry Peterson,
Absent: Annie Bachman, Kevin Swartley, Frankie Long,

The August meeting minutes were approved.

• Bob Kayser and his wife agreed to be on the Lake Moorings and Docks committee.

• Change of property to commercial use: Carl Stuck –owner asked for his property on Rt. 96 (Old Garlick’s store) to be returned from residential to commercial use. He has a lawyer and a flooring business that want to use the building. Bob Kayser moved to accept the change, Bill Larzelere seconded. Passed unanimously.

• Frankie Long and Larry Peterson had visited Jeff Case about the changes to the Zoning code. They found him generally positive, and grateful for the amount of work. Had a couple of questions and concerns.

• Section 303 Lakeshore residential paragraph C-12 - Mobile home- remove “12 ft. width” requirement to make consistent with other references in the code. Approved
• Discussion-clarification of “grandfathering”.
  • Non-conforming usages of properties will not be conveyed upon sale.
  • Non-conforming lot sizes can be conveyed upon sale, but new use restrictions of code must be adhered to by new owner.
  • Non-conforming structures are grandfathered under general development standards but must be brought up to general maintenance, health and safety codes.
• Seasonal use of travel trailers
  • Seasonal is defined as a period of 8 months. There will also be “zero discharge” from the trailer during the period of use.
  • Permanently Placed- More than 8 months and then must meet, permitting, setbacks and zero discharge (same as camp language).
• Common Access Sites- Lakeshore Zone
  • Issues for such areas are noise, storage, parking on road, open fires, zero waste discharge, lighting.
  • More discussion needed.
  • Thomas will find out what Town of Fayette uses for language to address usage of common access to lakes.

• Public Informational meeting on Zoning changes.
  • Thomas will set up time for an informational meeting in the Varick firehouse.

Next Planning Board meeting set for October 25, 2007 7:00pm. at the Varick Firehouse

Meeting ended at 9:00pm

Respectfully submitted,
Bill Larzelere, Secretary

November 04, 2007

Text of proposed code revisions

You can download the proposed code revisions from this link Until Dec. 1:
http://www.varickny.com/VZC_Draft_Oct_30_07.pdf

This version includes some changes based on residents' comments at the October 17 informational meeting.

October 03, 2007

Informational meeting on proposed code revisions

The Varick Planning Board invites all residents to attend an information meeting about the proposed revisions to the zoning code.

The resident's vision for the future of our town were identified and goals for realizing that vision were adopted in the Comprehensive Plan in 2005. As a result of the Comprehensive Plan, it was clear that people wanted provisions in the zoning code to protect the quality of life that made them choose to live in Varick. The Planning Board has put in two years of hard work to develop those provisions. We will present the results at this meeting.

Wednesday, October 17, 2007
7:30 pm
Varick Fire Hall
State Rt. 96A

September 2007 Agenda

Varick Planning Board
Agenda
September 27, 2007

Approve minutes
August 23, 2007

Committee reports: none

Information items:

Commercial use of Carl Stuck property:
East Coast Flooring, Jennifer Salone and Joseph Sapio, Atty at Law

Discussion items: none
New Business: none
Old business:

Zoning Code

  • “Grandfathering needs to be specific” for uses, structures and lots that become non-conforming
  • What is seasonal use of travel trailer?
  • Information meeting: date, location, outline, advertising
  • Small Business Park and Institutional south border
  • Special Uses
  • Common Access
New subdivision proposals: None

Set next meeting time: Currently scheduled for October 25, 2007 7:00 pm

Adjourn

August 2007 Minutes

Varick Planning Board
Minutes
August 23, 2007

Meeting called to order: 7:05pm

Attendees: Thomas Bjorkman(Chairman), Bill Larzelere, Frankie Long, Larry Peterson,
Absent: Annie Bachman, Kevin Swartley, Bob Kayser

The July meeting minutes were approved .

The following discussion was on an effort to develop a coordinated Docks and Moorings ordinance between the various towns in the Cayuga and Seneca Lake watersheds

The initial discussions will probably be between Varick, Ovid, Romulus and Fayette and be focused on the Cayuga Lake shoreline.

The Cayuga Lake Watershed Staff will be paid to facilitate the group effort.
Volunteers from the Towns are going to be solicited to serve on a committee. Suggestions for people are welcomed.


The next topic was a report on the draft Dog Ordinance presented to the Varick Town Board
John Vincent (town dog control officer) was present.
After reading and discussing the ordinance, the Board took no action to adopt the ordinance.
Approved Kennels must follow Ag and Markets rules and regulations for their operation.
Art Sherman (local veterinarian) will meet with Joan Teichner (Town Supervisor) to discuss the ordinance and his recommendations of issues related to vicious dog behavior.


The next topic was a discussion on the status of the new Zoning Code the Planning Board has been working on.
Harriet Haynes (Seneca County planner) has read the new code and likes the changes. She likes the separation of the districts.
She suggests that 7/10ths of an acre is small for a building lot in the Ag and Rural district because of the code requirements for being able to have enough space for two septic fields on the property and distance from the water well. Her suggestion was 1 acre lots.

Existing lot sizes and setbacks will be grandfathered and people applying for permits will work with the Zoning Board of Appeals to come up with acceptable sizes and setbacks when changing their land usages.

Harriet suggested a Bulk Table for all the setbacks, standards,etc. for the various Districts so a person could look at one table and find all the pertinent development information. Thomas will reformat for the final draft.

A map of the new Zoning Code Districts is needed to be included in the document. Greater Finger Lakes Planning Council has the capabilities to do this. A motion was made by Frankie Long to contract with this group to create a map of the new Districts in the Town of Varick. It was seconded by Larry Peterson and the vote was unanimous. Thomas will arrange.

Thomas would like to have a Public Hearing on the new Zoning Code before the October meeting of the Town Board. He also would like Planning Board members to go over the new code with individual board members before the public hearing to answer any questions and assure their support. After discussion, it was agreed when Thomas gets the final draft to the Planning board members, Bill Larzelere will meet with Kurt Karlsen, Frankie Long and Larry Peterson will meet with Jeff Case, Thomas Bjorkman will meet with Joan Teichner and Kathy Russo and Thomas will ask Annie Bachman to meet with Dick Peterson.

Thomas would also like Planning Board members to line up support people that would be willing to say a few words in support of the new Zoning Code effort.

The next meeting was scheduled for September 27th 2007 in the Varick Fire Hall.

The meeting was adjourned at 8:00 PM

Respectfully Submitted,
Bill Larzelere
Secretary


Approved Sept. 27, 2007

September 06, 2007

August 2007 Agenda

Varick Planning Board
Agenda
July 26, 2007


Approve minutes
June 28, 2007 5 min

Committee reports: none

Information items:
Discussion items:
New Business
Ordinance regarding dangerous dogs 60 min
Old business:
Zoning Code 30 min
Definition and regulation of “Camp;” a structure less than a dwelling but more than a shed. Not an accessory structure if the lot has no main structure.
Permit requirement for 120+ days travel trailer on others’ property
Flood zone: Change datum and minimum height?

New subdivision proposals: None

Set next meeting time: Currently scheduled for August 23, 2007 7:00 pm

Adjourn

July 2007 Minutes

Town of Varick Panning Board Meeting Minutes

Date of meeting : July 26, 2007

Meeting called to order: 7:10pm

Attendees: Thomas Bjorkman(Chairman), Bob Kayser, Bill Larzelere, Frankie Long, Larry Peterson, Kevin Swartley
Absent: Annie Bachman

Thomas Bjorkman informed the Board that Larry Peterson was stepping down as Secretary of the board and thanked him very much for the many years of performing this task. All agreed he had done a great job. Thomas then said that Bill Larzelere had volunteered to take over the duties for a one year period.

The June meeting minutes were approved with 5 revisions .

The following discussion was on an ordinance for dangerous and/or vicious dogs in the town.
Thomas said the Town Board had asked our Board to craft an ordinance after several complaints from town residents of being harassed or threatened by such dogs, specifically on the East Lake road.

Frankie Long and Thomas Bjorkman had done research on some existing ordinances and submitted one from the Town of Utica as an example for discussion. The ordinance from Ag and Markets was also brought to the table. Ag and Markets version was the least strict allowed and Towns could be more strict.
It was noted that the ordinance cannot discriminate against any certain breed of dog.

Bob Kayser had done Web searches and had many useful definitions. One being:
“A potentially dangerous dog is any dog which when unprovoked on two separate occasions within the prior 36 months engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog.”
It was decided to use this definition and also language in Paragraph 1 of the Utica ordinance in describing dangerous/vicious dogs.

Kevin Swartley had talked to Judge Case who felt that the Ag and Markets version lacked “teeth” to allow him to be effective in discouraging these types of animals and prosecuting cases of people being harassed by them.

After discussion, Bob Kayser made a motion that a fine for an offense be a $1000 dollar fine and up to six months in jail for each violation of the ordinance. Larry Peterson seconded the motion. Approved unanimously.

It was also decided that electronic (invisible) fencing was not adequate for containment of these animals.

It was then discussed how dogs that were determined by the courts to be dangerous/vicious could be moved to a lower level by having behavioral pattern improvements verified by the ASPCA or other accredited organization. This was in the Town of Utica ordinance.

Thomas suggested giving the Town Board language about owners, of dogs being taken for walks, being responsible for picking up fecal matter from their animal. He also suggested some leash law language. After discussion and suggestions that maybe this wasn’t the place for such language, it was decided for Thomas to craft the language and let the Town Board decide if this is something they would want to see in this ordinance.

Kevin Swartley made a motion that the Town of Utica Ordinance, with our changes and additions discussed, be presented to our Town Board as the Town of Varick Dangerous/Vicious Dog Ordinance. Bob Kayser seconded and it passed unanimously.


The next topic was a discussion on Personal Travel Trailers

Temporary hunting and camping camps on owners property are acceptable as long as healthy hygiene practices are followed in water and sewage.

Modification to Travel trailer code: 21 days OK- After 21 days permit is required and after 120 days travel trailers are not permitted.
Must conform to all health codes for electrical, water and sewage with no sewage discharge permitted.
Code Enforcement Officer has discretion for siting and setbacks.
Thomas Bjorkman has language details decided upon.
Kevin Swartley moved to make the above changes to the code. Larry Peterson seconded, and it passed unanimously.

The next topic was a discussion on a change to the Zoning code on page 7 paragraph 6 Flood Zone lowest living level.

Change lowest living level for new construction in the town from 1 to 2 feet above the 100 year flood level.

Bob Kayser moved to make this change. Larry Peterson seconded and it passed unanimously.

Next Topic for discussion was a definition for Commercial Property for the new Zoning Code

Definition discussed and agreed to. Thomas Bjorkman has language details decided upon. Bob Kayser moved to accept the definition, and Frankie Long seconded. The vote was unanimous.

Kevin Swartley brought up the need to better define “Common Access” roads and development regulations on them, in the Zoning Code. Because of time restrictions, this was noted as a topic for the next meeting.

The next meeting was scheduled for August 23rd 2007 in the Varick Fire Hall.

The meeting was adjourned at 8:50 PM

Respectfully Submitted,
Bill Larzelere
Secretary

Approved August 23, 2007

August 01, 2007

July 2007 Agenda

Varick Planning Board
Agenda
July 26, 2007


Approve minutes
June 28, 2007

Committee reports: None
Information items: None
Discussion items: None

New Business
  • Ordinance regarding dangerous dogs
Old business:
  • Zoning Code
    • Definition and regulation of “Camp;” a structure less than a dwelling but more than a shed. Not an accessory structure if the lot has no main structure.
    • Permit requirement for 120+ days travel trailer on others’ property
    • Flood zone: Change datum and minimum height?
New subdivision proposals: None

Set next meeting time: Currently scheduled for August 23, 2007 7:00 pm

Adjourn

June 2007 Minutes

Varick Planning Board
Minutes
June 28, 2007

The Varick Planning Board met June 28, 2007 at 7 PM at the Varick Firehouse. In attendance were Thomas Bjorkman, Larry Peterson, Kevin Swartley, Annie Bachman, Bob Kayser, and Bill Larzelere. Absent was Frankie Long.

Two minor changes were made to the minutes from May 24, 2007 and they were approved.

There is a grant possibility for Farmland Protection. Harriet Haynes is aware of it and the county and other towns may also apply for this grant as well as the Ag Enhancement Board of which Kevin Swartley is a member. Anne Bachman made a motion that we notify the county we are interested in this grant. Kevin Swartley seconded the motion and it was carried.

Bill Larzelere gave us a presentation on the definition of a Laboratory/R&D facility. It was modified as follows: A place where scientific research and development is conducted and analysis performed. Most laboratories are characterized by controlled conditions (temperature, humidity, cleanliness). Procedures often include sampling, pre-treatment and treatment, measurement, calculation, and presentation of results. Some examples of technologies studied and industries served would be pharmaceutical, electronics, life sciences, materials, nanotechnology, biotechnology, petroleum, chemical, food and agricultural, manufacturing, methods and support for many other industries.

Bob Kayser made a motion to accept this definition. Annie Bachman seconded the motion and it was carried.

Annie Bachman gave a report on vehicle sales and service. Vehicle service: An establishment that, for compensation, is wholly or partially engaged in the business of repairing or diagnosing motor vehicle malfunctions or repairing motor vehicle bodies, fenders or other components damage by accident or otherwise. it includes establishments whose activities consist solely of fueling, changing oil, water, batteries or tires, replacing fan belts, air filters or oil filters; and those engaged in the business of repairing road building machines, farm machines, lawn machines, garden machines, and vehicles registered as special purpose vehicles.

Bob Kayser made a motion to approve this definition. Annie Bachman seconded it and it was carried.

Vehicle sales: An establishment regarded as a dealer under section 78.1(a) of New York Motor Vehicle Dealers and Transporters regulation. Selling, or offering for sale, more than five motor vehicles, motorcycles or trailers, other than mobile home trailers, in any calendar year, or who displays or permits the display of three or more motor vehicles, motorcycles or trailer for sale at any one time or within any one calendar month upon premises owned or controlled.
Annie reported that there is much information in the state DMV law that we can just reference rather than rewriting it all ourselves. Kevin Swartley disagreed with the concept of a strict limit on this type of new business coming into Varick.

Bill Larzelere made a motion to approve this sales definition. Bob Kayser seconded it and it was carried with Kevin Swartley opposed.

Larry Peterson reported on the definition of a warehouse: a business whose principal activity is the storage of merchandise or materials for others, and which occupies an total area greater than 1000 square feet. It seems to be the consensus that warehouses will only be allowed in the institutional zone. Kevin Swartley noted that FLTG has now taken over any vacant space in the institutional zone effectively eliminating any new warehouses in Varick. A motion was made by Bob Kayser to accept this definition. Bill Larzelere seconded it and it was carried with Kevin Swartley opposed.

We had an extensive discussion on multi-family dwellings as stand alone units and above retail and commercial space. Dwelling above retail space: must meet the following criteria: the total building must be at least 2000 square feet of usable space. The dwelling area should be no less than 550 square feet. Kitchen facilities must include at least a stove, refrigerator, and sink suitable for dish washing must be present in each dwelling unit.

Bathroom facilities including at least a tub or shower, toilet and lavatory must be present inside each dwelling unit.

Must provide no fewer than 2 off street parking spaces per dwelling unit. It shall not detract from the visual aesthetics of the neighborhood

Dwelling: Any building or structure or part thereof, used and occupied for human habitation, or intended to be so used. The terms dwelling unit, one-family dwelling, two family dwelling, and town house dwelling shall not be deemed to include, motel, hotel, rooming house, bed & breakfast, or other accommodations used for more or less transient occupancy of less than 30 days,

Dwelling, multi-family: One or more dwellings located on a single lot or on contiguous lots with common ownership providing separate dwelling units for 3 or more families including condominiums and cooperative apartment buildings.

Travel trailer. No motor home, camper, or similar travel vehicle shall be parked or located overnight within the town except a) On the property of the owner. If used as a permanent seasonal residence, setback for structures must be met. May not be used as permanent year-round housing. Bob Kayser made motion to approve the first exception for travel trailers. Bill Larzelere seconded it and it was carried.

Mobile Home. All mobile homes shall be on a permanent foundation that goes below frost line, with anchors or tie-downs capable of securing the stability of the mobile home. All mobile homes shall be provided with skirting to screen the space between the mobile home and the ground shall be of a material which shall provide a finished exterior appearance. Mobile homes not on a pad or foundation, or unoccupied for 12 months, must be disposed of off the property.

Bob Kayser made a motion to approve this requirement for mobile homes. Annie Bachman seconded it and it was carried.

Chairman Bjorkman said he thinks we are at the point where we should give our product to Harriet Haynes in the county planning board for her comments. Everyone agreed.

There being no further business, the meeting was adjourned at 9:20 PM.

Respectfully,

Larry Peterson
Secretary

Approved July 26, 2007

June 29, 2007

June 2007 Agenda

Varick Planning Board
Agenda
June 28, 2007

Approve minutes
May 24, 2007 5 min

Committee reports: none

Information items: none
Discussion items: none

New Business
Grant possibility for Farmland Protection. 10 min

Old business:
Zoning Code 90 min
Cleaning up definitions, conditional and special uses.

New subdivision proposals: None

Set next meeting time: Currently scheduled for July 26, 2007 7:00 pm

Adjourn

May 2007 Minutes

Town of Varick Planning Board
Minutes
May 24, 2007

The Varick Town Planning Board met May 24, 2007 at 7 PM at the Varick Firehouse. In attendance were Thomas Bjorkman, Larry Peterson, Frankie Long, Annie Bachman, and Bob Kayser. Absent were Kevin Swartley and Bill Larzelere.

Annie Bachman made a motion that the minutes of the April 26, 2007 meeting be approved. Bob Kayser seconded the minutes and it was carried.

Frankie Long gave a report on dog kennels. Noise to neighbors seems to be the biggest concern of the ownership of dogs. Frankie had done research with State Ag & Markets, other government agencies, and with Bruce Johnson. Bruce Johnson lives on the East Lake Road and is probably the only dog breeder in Varick. He raises and sells a small breed of pure bred dogs and has up to six pregnant females at one time. We decided that five or fewer non-commercial dogs can be kept without restriction. Commercial dogs are dogs boarded for others, kept for sale, or kept to produce puppies for sale. Small scale kennels will be six or fewer commercial dogs, or 6 or more non-commercial dogs. For these the condition in all three residential zone will be that the outside runs are more than 100 ft from adjacent dwellings and that the noise should not exceed 55 dB at the property line. Large kennels will be 7 to 20 commercial dogs. This will be permitted in the ARR zone only, with the condition of a 300-foot setback from the outdoor run to adjacent dwellings. We put no limit on the number of dogs under six months old, they do not count towards the totals. We decided to put no restrictions on number of cats.

Annie Bachman led a discussion on the definition of an inn. We decided a bed and breakfast should follow NY state law, and be an owner-occupied single family home with 5 or fewer rooms for rent. A hotel would have more than 12 rooms. An inn would be "in between" with 6 to 12 rooms, and may provide meals. The setback from adjacent properties should be 300 ft in the Lakeshore Zone, 200 ft in the Agricultural Rural Residential Zone, and 15 ft in the Hamlet Zone. They should not generate noise over 55 dB at the property line.

Bill Larzelere had provided information on mobile home conditions. We decided there would be no single-wide mobile homes in the lake zone, and that new mobile homes should be on a permanent foundation that goes below the frost line. Looser rules for one or two mobile homes used as farmworker housing on farms, as recommended by Ag & Markets.

Bob Kayser led a discussion on annoying smells that would bother a neighbor. He did considerable research on this controversial topic. He found that Seneca Falls has some very good local laws in this area. We decided that a separate noise ordinance would be more effective for dealing with specific activities rather than land uses. The standard for smoke is that it not exceed Ringelmann Smoke Chart No 2.

For the next meeting, Annie Bachman will research the definition of vehicle sale and service, Larry Peterson research the definition of a warehouse, Bob Kayser will research multi-family dwellings conditions (C-7 and C-11 in the Use Table) and define General business office, and Bill Larzelere will develop a definition of Laboratory/R&D facility.

The next meeting will be June 28, 2007 at 7 PM at the Varick Fire House.
The meeting was adjourned at 9 PM.

Respectfully,

Larry Peterson
Secretary

Approved June 28, 2007

June 25, 2007

April 2007 Minutes

Town of Varick Planning Board
Minutes
April 26, 2007

The Varick Town Planning Board met April 26, 2007 at 7 PM at the Varick Firehouse. All seven members of the Planning Board were in attendance.

Frankie Long made a motion that the minutes of the March 22, 2007 be approved. Kevin Swartley seconded the minutes and it was carried.

There was a discussion of public hearings. These hearings are supposed to be for information only and they should not be used as public pressure to influence decisions.

There was a discussion of outdoor wood furnaces and how many municipalities are banning them because of the air pollution that they cause.

Bill Larzelere and Bob Kayser attended an evening training session in Lyons on May 3. They reported that the training was good although rather long. And the pizza was excellent.

There was a discussion on docks and moorings in the lake. The boundary of Varick extends into both Seneca and Cayuga Lakes. In fact, on Seneca Lake, it extends all the way across the lake to the other shore. This was supported by a 1988 letter from NY State. This leads to the need for rules and regulations on this underwater area. The two lake associations for Seneca and Cayuga Lake are taking the lead in this area. There is a desire for all towns and municipalities bordering on the lake to have the same rules and regulations. Bob Kayser made a motion that we pursue adopting a law in coordination with other towns. Kevin Swartley seconded it and it was carried unanimously.

Old Business: We spent quite a bit of time cleaning up the zoning code.

Bill Larzelere is going to look into language for mobile homes to permit their use, but not too junky appearance.

Bob Kayser is going to look into language hamlets and dwellings and noise and objectionable odors.

Frankie Long is going to look into language that will limit the size of kennels in the lakeshore zone in order to permit small-scale home breeding but restrict operations too large for the neighborhood.

There was a discussion of set backs. The consensus was for 15 feet on both sides and back. There apparently is no setback on private roads.

There was a discussion of fences in the institutional zone. It was decided that the requirement for a fence half they height from the property line would apply there just as well as everywhere else.

The meeting was adjourned at 9 PM.

Respectfully,

Larry Peterson
Secretary
Approved May 24, 2007

May 07, 2007

March 2007 Minutes

Town of Varick Planning Board
Minutes
March 22, 2007

The Varick Town Planning Board met March 22, 2007 at 7 PM at the Varick Firehouse. Attending the meeting were Chairman Thomas Bjorkman, Larry Peterson, Bill Larzelere, Frankie Long, Anne Bachman, and Kevin Swartley. Bob Kayser was absent.

Minutes.
Larry Peterson read the minutes from the last meeting. Bill Larzelere made a motion that the minutes be approved as read. Frankie Long seconded the motion and it was carried. (Kevin Swartley arrived at the meeting after the minutes were approved)

Zoning Code. Most of the meeting involved discussing further clarification of the Use Table, especially commercial enterprises and how much detail we should include in there vs. just having a general category.
Junkyards: Leave out since many state laws cover this.
Golf Courses: leave out.
Laundromat: Include in hamlet under the category of personal services.
Laboratory/R& D Facilities: OK in conservation area.
Nursery/Garden shop: allow more outdoor space than other retail sales.
Tavern, Bar, nightclub: ignore.
Multi-family dwellings: two vehicles per family, 200 ft setback, screening by fence or natural vegetation.

Water Grant. Chairman Bjorkman said he has been asked to write a letter of support for a grant that is being requested to supply water to the hamlet of Fayette. The board strongly concurred in Mr. Bjorkman writing such a letter.

Old Business. Empire Biofuels. Thomas Bjorkman discussed the reply we received from IDA on our letter to them regarding our concerns about the Empire Biofuels project. Mr. Bjorkman said he was pleased with their answer and the board concurred.
There was a discussion of the location of the ethanol plant in the town of Romulus rather than the town of Varick. Kevin Swartley, as an employee of Empire Biofuels, said that he had recommended the ethanol plant be located in Romulus rather than Varick because he felt there was less opposition in Romulus than in Varick. Several board members were surprised to hear him make this statement and asked if he was talking about the Varick town board or the planning board. He said both. He said he could sense the same kind of opposition in Varick that there was in Seneca Falls. Since the hour was late, it was decided to discuss this further at the next meeting.

Next meeting.
The next planning board meeting is scheduled for April 26th. Kevin Swartely said the next public meeting by Empire Biofuels may be April 25th at the Romulus school auditorium at 6:30 PM. However, this is not yet a firm date and time.

The meeting was adjourned at 9:15 PM.
Respectfully,

Larry Peterson
Secretary

March 22, 2007

March 2007 Agenda

Varick Planning Board
Agenda
March 22, 2007

Approve minutes
February 22, 2007 5 min

Information items:
Training requirement adopted by Town Board 5 min

Old business:
Commercial use. Managing car sales and garage sales that become indefinite businesses.
Use Table. Conditions on uses, additional commercial. 60 min

New Business
Response from SCIDA regarding our letter regarding Empire Biofuels SEQR
Letter of Support for Hamlet of Fayette water grant application

New subdivision proposals: None

Set next meeting time: Currently scheduled for April 26, 2007 7:00 pm

February 2007 Minutes

Town of Varick Planning Board
Minutes
February 22, 2007

The Varick Town Planning Board met February 22, 2007 at 7 PM at the Varick Firehouse. Attending the meeting were Chairman Thomas Bjorkman, Larry Peterson, Bill Larzelere, Frankie Long, and Bob Kayser. Absent were Kevin Swartley and Annie Bachman.

Bill Larzelere made a motion that the minutes of the January 25, 2007 meeting be approved. Thomas Bjorkman seconded the motion and it was carried.

Chairman Bjorkman said that the Planning Board received a very short letter from the Town Board signed by Donna Karlsen announcing that they had approved the biofuels plant.

Frankie Long gave a report on the day long Mount Morris training session she attended. She said it was very good. She said they talked about how to build a town in NYS in open spaces. She said zoning was key, else nothing happens.

The Use Table was discussed at length. Good progress was made and most of the blocks on the table were completed. Indefinite car or yard sales will be limited by an annual permit that lasts 30 days.

Bob Kayser made a motion that Chairman Thomas Bjorkman send a letter from the Varick Planning Board to the IDA expressing our disappointment that they had not addressed our concerns regarding the biofuels plant. Bill Larzelere seconded the motion and it was carried.

The meeting was adjourned at 9:15 PM.

Respectfully,

Larry Peterson
Secretary

Approved March 22, 2007

February 25, 2007

February 2007 Agenda

Town of Varick Planning Board
Agenda
February 22, 2007

Approve minutes January 25, 2007

Committee reports none

Information items
Report on Mt. Morris training. (Frankie Long )
Letter from Town Board regarding vote of support for Empire Biofuels

Old business
Use Table for Agriculture and Rural Residential Zone.

New Business

Commercial use. Managing car sales and garage sales that become indefinite businesses.
Response to SCIDA regarding negative declaration on Empire Biofuels SEQR (response is in comment below)

New subdivision proposals: None

Set next meeting time: Currently scheduled for March 22, 2007 7:00 pm

Adjourn

January 2007 Minutes

Town of Varick Planning Board
Minutes
January 25, 2007

The Varick Town Planning Board met January 25, 2007 at 7 PM at the Varick Firehouse. Attending the meeting were Chairman Thomas Bjorkman, Larry Peterson, Kevin Swartley and Bill Larzelere. Absent were Frankie Long, Bob Kayser, and Anne Bachman. Barb Wells also attended the meeting.

Minutes. Chairman Bjorkman passed out the minutes of the last meeting which was November 16, 2006. Bill Larzelere made a motion they be approved. Kevin Swartley seconded the motion and it was carried.

Discussion items. Chairman Bjorkman passed out information relative to a requirement by the state that each member of the Varick Planning Board and the Varick Zoning Board of Appeals must complete a minimum of four hours per year of training. The town board needs to enact a local law to establish training requirements. The planning board agreed that its members should be reimbursed up to $75 for this training and for up to 100 miles of travel. It was decided that the town clerk should keep track of this training since she now keeps track of our terms. Chairman Bjorkman is going to forward a copy of our suggestions to the town board and a copy to the town attorney since he will have to write the local law.

Old business. We discussed the Use Table for the Agricultural and Rural Residential column. We got about halfway through it and stopped to discuss the new Biofuels plant on the depot. Kevin Swartley had maps and much information on the plant. Barb Wells also had information and questions and comments on it since she is secretary of the Seneca County Federation of Sportsman Clubs.

The proposed site of the Biofuels plant will be in the Town of Romulus but it will be within 500 feet of the town of Varick so Varick was asked to make comments on the Romulus Special Use Permit application.

New business. The Varick Planning Board concluded that the Biofuels plant will be a benefit to the area in many respects. Our main concerns were related to traffic, noise, appearance and odor control.
The board voted 3-0 (Swartley abstained) to have Chairman Bjorkman will present the following concerns to the Romulus planning board.

Odor: Require odor controls so that they don't impact Varick residents.
Traffic: Encourage transportation of distillers grain, logs and ethanol by rail rather than truck when it is practical.
Appearance: Design the gate on Rt 96A so that trucks waiting to enter are off the highway.

The Seneca County IDA is also lead agency for SEQR for a larger scope of development of the ethanol and biofuel facility. We also have the opportunity to provide input into the SEQR process.
The board voted 3-0 (Swartley abstained) to have Chairman Bjorkman will present the following concerns to the Seneca County IDA.
Item 7. Air quality. Require odor controls so that they don't impact Varick residents.
Item 9. Non-threatened species. Require a wildlife management plan, with appropriate mitigation to preserve the habitat for birds that justified listing the property as an Important Bird Area, and habitat to maintain the white deer herd.
Item 13. Open space and recreational opportunities. Include provisions for ecotourism, hiking, wildlife watching and hunting.
Item 15. Existing transportation systems. Encourage transportation of distillers grain, logs and ethanol by rail rather than truck when it is practical.
Item 20. Potential controversy. We expect controversy regarding the well-being of white deer and opportunities to see them.

The meeting was finally adjourned at 10:30 PM.

Respectfully,

Larry Peterson

Secretary

Approved February 22, 2007

January 26, 2007

November 2006 Minutes

Town of Varick Planning Board
Minutes
November 16, 2006

The Varick Town Planning Board met November 16, 2006 at 7 PM at the Varick Firehouse. Attending the meeting were Chairman Thomas Bjorkman, Larry Peterson, Kevin Swartley, Bob Kayser, and Anne Bachman. Absent were Frankie Long and the new grandfather Bill Larzelere. Also attending the meeting were two members of the community; Linda Mastellar and Sally Swartley.

Commercial Zoning Permit application. Angel Landis has applied to start a business on the farm owned by her husband and herself at 5083 Rt 414, Romulus, NY. The business would be a store selling books, crafts, and probably some Amish food. It would be located in a new building no larger than 24ft X 32ft. Code Enforcement Office Dick Foxx had asked Angel to come before the planning board for our approval of the permit. The business does not yet have a name and Angel is aiming for an opening next spring. Bob Kayser moved that we recommend that the Code Enforcement Officer approve the application. Kevin Swartley seconded it and it was carried unanimously.

Minutes. Kevin Swartley made a motion that the minutes of the October 26, 2006 planning board meeting be approved. Anne Bachman seconded it and it was carried unanimously.

Kevin Swartley asked for information about an Open Space grant proposal to be submitted to the Restore New York program by the towns of Fayette, Varick, and Romulus. Kevin said the Town of Romulus will asked to be removed from the proposal. Thomas Bjorkman said he was not aware that Romulus felt that way, having met with their planning board to invite them to join the proposal. The grant was written by Peter Brown who is the grant writer for Seneca County. Chairman Bjorkman indicated that and Open Space Plan is called for in our Comprehensive Plan and he took the initiative to apply for a grant to prepare such a plan when the opportunity was announce earlier this month. Kevin was concerned that this application had not been approved in advance by the Varick planning board.

Bob Kayser felt we should allow Chairman Bjorkman to take the initiative on such a topic as this without planning board approval as long as he keeps us informed of what he is doing by email or a phone call. Kevin Swartley asked to be on the board for an Open Space Plan if it comes about. Thomas Bjorkman said Kevin would be a good member that board if he represented the Agricultural Enhancement Board’s to identify agricultural land that should be highest priority for protection, but the final board selection would be up to the town boards involved.

Zoning. Thomas Bjorkman presented a Use Table and we went over a number of items related to the Lakeshore Residential Zone, which had not yet been addressed. The board members were asked to consider uses in the Agricultural and Rural Residential Zone for the next meeting.

Next Meeting.
It was decided to cancel our December meeting. Our next meeting will be January 25, 2007.

There being no further business, the meeting was adjourned at 9:00 PM.

Respecfully,

Larry Peterson

Acting Secretary

Approved January 25, 2007