July 24, 2020

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.

June 03, 2020

No meetings in March or April 2020 due to Covid.

February minutes will be reviewed at June meeting.

Varick Planning Board, January 23, 2020

Varick Planning Board

January 23, 2020 

Meeting called to order at 7:00 p.m. 

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

 

Visitors: Tony and Kim Parella, Rachel Fletcher, Nick Davoli.

 

Approve October minutes Moved by Hermann, second by Long. Approved 4-0, one abstention.

Parella Subdivision. Tony and Kim Parella.

Applicant presented a preliminary sketch plan of a lot-line move on several properties on East Lake Rd. This is a proposal to make two lot line moves and will be treated as two subdivision actions. One will enlarge parcel 10-3-2A (5487 East Lake Rd.) by taking about 9.4 acres from 10-3-25.111. The second will further enlarge parcel 10-3-2A by taking about 4.3 acres from 10-3-25.12.

 

After some discussion, a fully conforming configuration was identified.

The board accepted the applications, preliminary plat, Ag Data Statement and SEQR Short EAF. We will forward the applications to the county planning board and will schedule a public hearing for February 27.

Moved by Björkman, second by Long. Approved 5-0.

Somerville subdivision. Signed final maps of Somerville subdivision that was approved at the August 22, 2019 meeting.

 

Meeting time. The planning board resolved to meet on the third Thursday of November and December henceforth.

Moved by Björkman, second by Hermann. Approved 5-0.

 

Short-term rental issues. To do for next meeting.

·      Dogs. Thomas will bring draft revisions next time. 

·      Noise. Who would enforce a Town Noise Ordinance?

Björkman will ask Harriet Haynes for guidance.

Long will ask McMillan whether Sheriff or State Police enforce,

Mastellar will ask Sheriff Tim Luce what other towns do. 

Waterloo and Seneca Falls have noise ordinances. Seneca County only has construction-noise regulation.

 

 

Adjourn. Moved by Björkman, second by Olsen. Approved 5-0. Adjourned 9:12

February 02, 2020

No meeting November or December 2019

Varick Planning Board, October 26, 2019

Varick Planning Board
October 26, 2019

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

Meeting called to order at 7:00 p.m. 
Approval of minutes from September. Moved by Mastellar, second by Hermann. Approved 5-0

Short-term rental issues.
Dogs. Thomas will bring draft revisions next time. 
Noise. Who would enforce a Town Noise Ordinance? Björkman will ask Harriet Haynes for guidance. Long will ask McMillan whether Sheriff or State Police, Mastellar will ask Sheriff Tim Luce what other towns do. 
Waterloo, Seneca Falls have noise ordinances. County only has construction noise regulation.

Seneca IDA Strategic Plan

We will provide the following points to the IDA
Goal 2-5. We are trying to avoid overly dense housing on the lakeshore.
      Improving the housing stock in the hamlets of Romulus and Fayette would be valuable. 
Goal 3-1. How can export of solar or other renewable electric power on the ex-Depot be supported?
Goal 3-5 How will broadband be supported to the low density area of Town? Does the concentration of non-users (e.g. Amish farms) affect how it is deployed?
Goal 4-2. Are there any “major development corridors” in the southern half of the county?
Goal 5-3. Please include Fayette and Varick planning boards in planning, since transmission lines would affect those towns considerably.
Goal 6-1. The one-stop-shop should be familiar with the kind of commercial development that is welcome, or unwelcome, in the Town of Varick (as described in the Zoning Code).


Adjourned at 8:33 Moved by Björkman, second by Olsen. Approved 5-0

Varick Planning Board, September 26, 2019

Varick Planning Board
September 26, 2019

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

Meeting called to order at 7:00 p.m. 
Approval of minutes from July and August. Moved by Sensenig, second by Long. Approved 5-0
Brandow subdivision. 784 Yale Farm Road, Tax map lot 06-1-42.  Patrick Crowe, Seth and Donna Brandow, owners. 
Public hearing opened 7:11. Applicant provided the final sketch plan. No comments
Hearing closed at 7:14 (Moved by Sensenig, Second Hermann; Passed 5-0
Reviewed a survey map to subdivide the property on 784 Yale Farm Road, Tax map lot 06-1-42. The proposal is to take three non-conforming lots and produce three conforming lots. 
of one, four and five acres. The Seneca County planning board recommended approving the change because it will create compliant lots. Parcel A will stand alone as lot 06-1-42, being the residual of land transferred to neighboring lots. Parcel B will be merged with lot 06-1-06.5. Parcel C will be merged with lot 06-1-06.4. The applicant provided the town subdivision application and application fee.

Resolution approving Brandow subdivision.
The Varick Planning Board issues a Final Approval of the Brandow subdivision. This action transfers5.6 acres of 06-1-42 to Lot 06-1-06.5 and 6.4 acres to Lot 06-1-06.4, leaving 1 acre.
The applicant supplied an Agricultural Data Statement. The board finds that there will be no impact on adjoining agricultural uses. 
The board received the Short Environmental Assessment Form and declared itself the lead agency for State Environmental Quality Review and made a negative declaration of environmental impact in August 2019.
The application was reviewed by the county planning board, which recommended approval conditional on parcels B and C being transferred to the adjacent parcels and being joined with those. This approval reflects that condition.
Moved by Björkman, Second Mastellar. Approved 5-0

Depot development.The Martin galvanizing plant proposal is no longer considering a Varick location. The possibility was raised at the August meeting.

Dock height. In response to an inquiry from town board member Eric Riegel the planning board discussed dock height. The code currently requires docks to be 1.5 feet above the 100-year flood mark in order to avoid damage during floods. Mr. Riegel indicated that this height is considerably above current dock heights and would be impractical for boarding boats and other usual dock uses. 
The board reviewed historic water levels, current dock heights, and recent experiences from damage from high water. For instance, the 1993 flooding reached  387.9feet BCD. The board reached a consensus to recommend a designated height 0.5 below 100-year. mark. This is two feet lower than before but high enough to avoid removal of docks when we have snowstorms after the lake has been raised to summer levels. The recommendation will be added to the list of pending changes to the Zoning Code and included when the next revision is sent to the Town Board. 

Short-term rental issues.

The board has assembled a list of issues that concern residents living near properties used for short-term rental, as well as current regulations from various sources and the mechanism whereby they are enforced. 
In many cases, it would be valuable to have education and prevention in place. That measure has proven effective elsewhere and results in the highest enjoyment of property for all. It would also be valuable to have a milder mechanism for enforcement that calling the sheriff or state police. Residents are understandably reluctant to use that as a primary approach. 

·     Renters are enjoying vacation next to people who need to go to work in the morning. The curfew. We want people to enjoy themselves, but not be obnoxious. Can there be an end time for lively parties? 
·     Permits are valuable in giving the property owner and manager a specified role in managing renters’ behavior. With a town permit for short-term rentals, the town government has a role in seeing that the rules are followed. The town’s power to revoke a permit strongly encourages property owners to inform and manage renters. But we need better due process than Fayette’s current rule, and don’t need the high cost. The loss of income from a suspended or revoked permit would be a significant financial penalty. 
·     To provide education, a list of the various rules and expectations could be prepared by the town and posted in rental properties. A tone of how to be a good neighbor would work the best. This method is effective, and helps the property owner or manager discuss the issues more easily.
·     Fireworks are recognized as a problem, with renters setting them off frequently throughout the summer. While some fireworks on Independence Day weekend is normal, a barrage all summer disturbs the peace for residents and is a source of stress for many pets. State law regulates firework use now. What is the current enforcement practice?
·     People don’t realize how sound carries across the water. That could be mentioned in the rules-and-expectations sheet. 

Which issues should have owner intervention as the first step. The permit system commits the owner to doing those parts (through a property manager if need be).

Our code needs to address glare from lighting more comprehensively. We added it to the to-do list for the next revision.

Adjourned at 8:12 Moved by Sensenig, Second by Long. Approved 5-0
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Varick Planning Board, August 22, 2019

Varick Planning Board
August 22, 2019 
Meeting called to order at 7:00 p.m. 
Present: Linda Mastellar (chair), Hershey Sensenig, Rich Olsen, Frankie Long Absent: Thomas Björkman (Secretary), Michelle Hermann, one vacancy 
Visitors: Mr. Seth Brandow, J. Peter Gregoire 

Brandow subdivision: Reviewed a survey map to subdivide the property on 784 Yale Farm Road, Tax map lot 06-1-42. The board accepted the sketch plan for a lot line move of lot 06-1-42. The proposal is to turn the lot, currently 9.92 acres into three lots, Parcel A, 1 acres; Parcel B 4 acres Parcel C 5 acres. That change will be compliant after the following lot mergers , and is viewed favorably by the board. Parcel A will stand alone. Parcel B will be merged with lot 06-1-06.5. Parcel C will be merged with lot 06-1-06.4. The applicant provided the town subdivision application and application fee. 

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 makes a negative declaration of environmental impact. 

The board reviewed an application submitted by the Brandows who supplied an agricultural data statement. The board finds that there will be no impact on adjoining agricultural uses because the land use will not change.

The documents were complete so we can proceed.

We classified it as a lot line move, which brings the affected lots into compliance with Varick's existing codes.

forward the application to the county and schedule a public hearing for September 26, 2019.

Moved by Matellar, Seconded by Long, 4-0.

Sommerville subdivision:
We received the sewer and water plan that was approved by the Seneca County Health Department.  These documents fulfill the outstanding requirements for the subdivision.  Linda review and sign the survey maps when she receives them if they are unchanged from those presented to the board.

Hershey indicated that Earl Martin would like to consider putting a galvanizing facility in Varick instead of Romulus.  Hershey indicated that Earl said that the DEC has already approved it. We said that he would be welcome to attend a future meeting to discuss the issue.

Gregoire subdivision: The county recommended that the request be approved. We reviewed the map that was submitted last meeting and was submitted to the county.  We were unable to fit the Town Of Varick approval stamp and asked that new drawings be submitted for signature.  It was moved by Richard and seconded by Frankie to grant final approval of the subdivision and have Linda review and sign the reformatted drawings. 

Klein subdivision: Preliminary application from Sandra & Richard Klein of 363 Bonnie Brae Ave for the Lot Line move on Lot 15-1-36, 5553 State Route 89 with Lot 15-1-37.   We reviewed it and the tax map application and found that it would probably be an acceptable change.


Adjourn. Moved by Long,  second by Sensenig Approved 4-0. Adjourned at 8:45 p.m.





Varick Planning Board July 26, 2019

Varick Planning Board
July 26, 2019

Meeting called to order at 7:00 p.m.

Present: Hershey Sensenig, Michelle Hermann, Rich Olsen (acting secretary), Frankie Long
Absent: Linda Mastellar (chair), Thomas Björkman (Secretary), one vacancy
Visitors: Dr. Peter Gregoire

Gregoire subdivision. Landowners: James Peter and Patricia Gregoire.
Accepted a survey map to subdivide the property on 5368 State route 89 (Rt. 89 and Ernsberger Road), Tax map lot 15-1-06.2.  The board accepted the survey map for a subdivision of lot 15-1-06.2.  The proposal is to turn the lot, currently 2.39 acres into two lots, Parcel A, 1.1 acres; Parcel B 1.29 acres.  That change is compliant with the current subdivision code, and is viewed favorably by the board.  The applicant provided the town subdivision application and application fee.

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 makes a negative declaration of environmental impact.

The board reviewed an application submitted by the Gregoires' who supplied an agricultural data statement.  The board finds that there will be no impact on adjoining agricultural uses because the land use will not change.

The documents were complete except we noted that question number 9 was left blank, as Mr. Gregoire was not sure what the NYS energy code is so we can proceed.

The action transfers 1.29 acres of Lot 15-1-06.2 to a new lot number to be determined by Seneca County.

We will forward the application to the county and schedule a public hearing for August 22, 2019.

We classified it as a Minor Subdivision.

Moved by Sensenig, Seconded by Long, passed 4-0.

A motion by Hermann, seconded by Sensenig and so carried unanimously to adjourn the meeting at 7:57 p.m.

Varick Planning Board, June 27, 2019

Varick Planning Board
June 27, 2019
Called to order at 7:09 pm
Present: Mastellar, Olsen, Hermann, Sensenig, Long , Björkman. One vacancy.

Minutes.           April minutes: moved by Olsen, second Long, approved 6-0
May minutes: moved by Long, second Olsen, approved 6-0. 
Willower subdivision
Public hearing opened 7:27. Discussed railroad. 
Survey maps are not complete so we can’t sign those today.
Public hearing closed 7:28.
Resolution
The Varick Planning Board issues final approval of the Willower sub-division on Rt. 96A. The action is a lot-line move on several properties on Rt. 96A, Tax map lots 06-1-11.11, 12.2, 12.11 and 12.12. Narrow (30 ft) driveway access to 40 acres. Goal is to consolidate several parcels belonging to two owners so that each owner has a contiguous on either side of the railroad. The existing 30-foot access would not get wider, but would get slightly longer. 
The Willower lot will be all land west of the railroad, plus a 30-foot access on the south side running east to RT. 96A. The Maybury lot will be the balance of the land east of the railroad. 
The current use of the future Willower lot is woods, the future Maybury lot is farmed.
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 makes a negative declaration of environmental impact.
The application was reviewed by the county planning board, which recommended approval with four conditions. We find that condition c, that the Finger Lakes Railway grant access across the tracks, or an easement obtained, cannot be met due to railroad policy and topography. We find it acceptable to have the standard agreement that landowners cross the rail at their own risk.
An agricultural data statement was provided. It showed that the action will preserve agricultural land.
Approved pending receipt of the final survey map. 
Moved by Olsen, second by Sensenig, passed 6-0. This vote required a supermajority (4+1) because we are accepting the absence of railroad permission.
Somerville subdivision
Proposal is a major subdivision of lot 6-1-40 on Yale Farm Rd., owned by  James and Dorothy Somerville. Plan is to create seven one-acre lots. The land is currently farmed by an adjoining landowner. 
Initial discussion was held on July 26, 2018.
A preliminary plat was submitted in April 2019. The county planning board asked for a development easement over the drainage line on Lot D. The applicant redrew the map to show the required easement. 
Public hearing on the subdivision and SEQR opened. 7:37  Closed 7:38.
We will need an approved water and sewer plan before approving the subdivision. The county requires a negative SEQR declaration before approving the water and sewer plan.
The action divides a 7.2 acre parcel on Yale Farm Rd. into seven lots of about 1 acre. 

Resolution:
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 significant impact because the action will lead to changes consistent with adjacent uses and the comprehensive plan. The board makes a negative declaration of environmental impact.
Received an Agricultural Data Statement and all maps. 
Approved the major subdivision conditional on approval of the sewer and water by the county health department 
Moved by Olsen and second by Sensenig, approved 6-0.
Gregoire subdivision
Gregoire had a preliminary meeting for a subdivision at Ernsberger Rd. and Rt. 89.
The whole property is about 2.4 acres with 183 of lakefront.

Short-term rental. 
Annie Bachman. They have done a short-term renal across the street from their residence. That has been asuccess. 

We need to address specific problems, do that narrowly with the rule. 
It is all right to have a nominal fee to be on the list ($500 per year is not nominal). The listing is helpful for collecting taxes because there is a county room tax @3%. Owners will appreciate knowing that all landlords are paying the room tax. 

Have a set of Town rules that managers can give to renters. That makes the expectations explicit and uniform, and takes the pressure off the owner to set rules.

Overloading the septic system is a concern. Many seasonal cottages have limited capacity to handle sewage; full occupancy every weekend can cause septic system failure and contamination of the lake. 

Principles that had good support among planning board members. 
·     The Fayette system is overkill for issues in Varick. 
·     There are a few bad absentee landlords, but owners are largely cooperative. 
·     Some of the issues raised by short term rentals are best dealt with townwide, that is applying to all properties. 
·     A septic-tank inspection requirement should be included for rental permit. The nature of the inspection criteria should be spelled out so that the test will catch any systems that can’t keep up. Newly purchased properties will have had an inspection as part of the sale.
·     The permit must identify responsible party, and they need to be easily reachable. 
·     There must be an appeal process when a permit is denied or suspended. 
·     We need a definition of Short-term Rental that is consistent with elsewhere in Seneca County. <30 a="" days="" definition="" for="" hat="" is="" nbsp="" o:p="" per="" stay="" to="" us="" use.="" useful="">
·     If Short-term Rental is a conditional use, then passing a septic inspection should be a condition.The Zoning Enforcement Officer can easily determine whether the condition has been met.
·     A townwide noise ordinance enforced by sheriff seems good. It would be enforced by the sheriff.Since it would not be in the Zoning Code, complaints under the Noise Ordinance would not be under the authority of the Zoning Enforcement Officer. 

Changes in proposed solar code. 
Added 311.21 for SBPI district in Use Table.
Changed “letter of credit” to “performance bond” 
Changed  “planning board” to “town clerk”. 
Do the same for Telecommunications. 
Add “on-site” to 311.21

Adjourned. Moved by Björkman, second by Long, approved 6-0. Adjourned 9:22 pm.
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