February 02, 2020

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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