Varick Planning board minutes May 26, 2022

Varick Planning board minutes

May 26, 2022

Present: Linda Mastellar (chair), Cindy Lont, Lauren Burling, April Freier, Frankie Long, Thomas Björkman (Secty). One vacancy. 

Guests: James Foggo, Dick Jensen, Neil & Lisa Olver.

Called to Order 7:02pm

Minutes for April

Approval moved by Burling, second by Lont. Approved 6-0 

 

Short Term Rentals

 

The laws passed at the Town Board and will serve in the interim. It was filed with the Secretary of State and will take effect soon. 

 

Thomas will update the Zoning Code on the Town website. SUP application due Sept 1, and the permit will have an expiration date. Working with ZCEO Dorn on enforcement. Insurance is not a requirement by the town because it is too hard to enforce and there are other mechanisms to ensure that owners do so. The town has a temporary (6 month) moratorium on Special Use Permits, until a second Town Law is approved by the state that has developers pay for any required engineering. 

 

Public comment

 

Jim Foggo. Thanks for STR effort. Comp plan has been mentioned many times. One relevant item is worth recollecting. There was a survey in 2004, with over a thousand responses for each question. What people valued and what concerns are documented. Friends and family nearby, rural environment. Quality of Life, open greenspaces and farms, low-volume country roads. Intimate neighborhood and neighbors you know (>60%). Town should protect farmland from development. 88% reduce conflict between farm and non-farm.

 

Jensen subdivision. 

The Board discussed a preliminary proposal for a subdivision on Rt 414 just south of Fayette.  The current parcel is an odd shaped lot made up of a piece of 1.26 acres near the highway that has only laneway access, and further laneway access around another parcel to a second piece of 33 acres. The proposal is to join the rear piece and laneway to the lot immediately in front of it to create one large contiguous agricultural parcel. The portion by the highway would be a conventional residential lot. 

 

The applicant will provide a Subdivision application, fee, EAF and SEQR. 

 

The planning board found the proposal to be acceptable even though the residual lot remains unconforming for the road frontage. We will move forward next month.

Andrus-Seymour subdivision

This subdivision was approved in April contingent on the County Planning Board not asking for any conditions. The subdivision was considered by the County Planning Board in May, and they had no comment or conditions. Therefore the subdivision is fully approved. 

Olver project

 

The planning board considered the preliminary plat for a major subdivision to seven parcels. The former Varick Winery property on Rt. 89. The preliminary plat for a major subdivision to eight parcels. Four lake parcels each with 185 of frontage on the road and lake, comprising 1.4 ac each. Other parcels are manor, winery and farmland. The farmland would likely be joined to neighboring farm parcels. 

 

The applicant and board discussed the preliminary plat, including different ways to achieve the ends the applicants and the board desired.

 

 

Some concerns that are likely to be included.

The farmland lots will not be further subdivided in the future. While the farmer to the west will buy the lot, road access from Rt.89 on the east is desirable. 
The four lake lots will not be further subdivided. The applicants hoped to focus construction on the lake side, but some board members expressed concern, voiced at the public hearing as well, that construction would harm valuable natural features of this distinctive property.

 

The subdivision code provides 45 days after the public hearing to vote on approval of the preliminary Plat. The public hearing was held on April 28. 2022. 

 

Resolution

 

The Varick Planning Board accepts the Preliminary Plat for the major subdivision of Parcel 12-28.12. 

The approval is anticipates the following conditions in the final Subdivision Plat.

 

·      Parcel 1 is the manor house and adjacent barns and orchards. 

·      Parcel 2 could be joined with an adjacent parcel having sufficient road frontage, in which case the connector to Rt 89 frontage can be removed

·      Parcel 3 will not be an agricultural use, so the former winery will have the restrictions on commercial uses pertaining to the Lakeshore Residential District. 

·      Parcels 4-7 are1.4 acres straddling Rt. 89 and approximately 185 ft of road and lake frontage. Buildings on the east side of the highway are likely to need greater restrictions than in the Zoning Code in order to preserve natural features as describes in IV 7F of the subdivision code, as well as limitations on buildability in IV 5A of the subdivision code.

In granting this approval, the Varick Planning Board identifies no waivers that have been requested and which in its opinion may be waived without jeopardy to the public health, safety, morals, and general welfare.

Approval of a Preliminary Plat shall not constitute approval of the Subdivision Plat, but rather it shall be deemed an expression of approval of the design submitted on the Preliminary Plat as a guide to the preparation of the Plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of these regulations. The applicant has six months from the date of this approval to submit a final Subdivision Plat. Prior to approval of the Subdivision Plat, the Planning Board may require additional changes as a result of new information obtained at the public hearing. 

 

Moved by Burling, Second by Lont. Approved 6-0.

 

Fees

 

Cindy Lont has collected fee information from adjacent towns. She will send them to us and we will discuss a recommendation for Varick next month. 

 

Adjournment

 

Moved by Burling, Second by Freier. Approved 6-0.

 

Adjourned 9:13 pm 

Varick Planning board minutes April 28, 2022

 Varick Planning board minutes

April 28, 2022

Present: Linda Mastellar (chair), Cindy Lont, Lauren Burling, April Freier (by Zoom), Frankie Long, Thomas Björkman (Secty) One vacancy. 

Guests: Bob Hayssen, James Foggo, Steve March 

Called to Order 7:05pm

Minutes for March

Approval moved by Lont, second by Long. Approved 6-0 

 

Public comment

 

Jim Foggo. Re Lin project. The scope of the plan, high-density housing, is inconsistent with AAR district low-density residential use. The lack of public sewer is a concern, with so many septic systems in a place that is quite wet. The impact is disproportionate to what has been done here. The impact of the project needs to be better studied. There has been far more development in the last couple years than in recent decades. More planning regarding development in the zone where there is now greater development pressure, which includes AAR district adjacent to the LR district.

 

Steve Marsh. Thinks the project is beyond the scale appropriate for the location. There was some work going on that seemed to be impacting the wetlands. 

 

Bob Hayssen. A Development fee is needed to cover costs on major subdivisions.

A DoT permit is needed for a driveway of this type. Approval is not a given with the curve in the highway.

 

First Light project

A company is intending to place an antenna array in the former FLTG property. 

Resolution

The Varick Planning Board approves the Special Use Permit for installation of Telecommunications Towers on Parcel 7-1-44 at 4902 McGrane Rd. Romulus, NY. 

The board conducted a review of the requirements for a Telecommunications Tower Special Use Permit and did a Site Plan Review.

The proposed infrastructure meets all of the requirements of the Zoning Code and the applicant has filed a decommissioning bond that has been approved by the Town Attorney. 

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 Planning Board directs the Varick Zoning Code Enforcement Officer to issue the permit. 

Moved by Björkman, Second by Burling.  Approved 6-0

Andrus-Seymour subdivision

 

Resolution

 

The Varick planning board issues Final Approval of the Andrus-Seymour subdivision. This action is a minor subdivision of parcel 14-1-22 of 111.625 acres located at the corner of State Route 414 and County Road 148. One parcel of 79.537 acres on the corner will have 1741 feet of frontage on State Route 414 and about 1460 feet on County Road 148. The second parcel of 32.088 acres will have 813 feet of frontage on Rt. 414. The larger parcel will remain in agriculture, the smaller parcel will be developed in part for residential use.

 

The applicant supplied an Agricultural Data Statement. The board finds that there will be minor impact on adjoining agricultural uses because a house will be built on one of the lots.

 

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 significant change in land use, nor creates a condition that would encourage one. The board makes a negative declaration of environmental impact.

 

This approval is contingent on unconditional recommendation by the County Planning Board.

 

Moved by Björkman, seconded by Lont. 

Passed with 6-0

 

Olver project

 

The planning board considered the preliminary plat for a major subdivision to seven parcels The former Varick Winery property on Rt. 89. The preliminary plat for a major subdivision to eight parcels. Four lake parcels 3x185, 1x 165, each 1.4. Other parcels are manor, winery and two farmland. The farmland would likely be joined to neighboring farm parcels. 

 

Public hearing opened at 7:55

 

Hayssen. Sad to see this property broken up.

Foggo. This is one of the most scenic places on the Scenic Byway. Can scenic features be preserved? It would be best if construction would be on the uphill side of the highway rather than on the lakefront. This is gone forever if it is chopped up. Maintain the scenic value of the parcel. 

 

Public hearing closed 8:05 Moved by Long, second by Burling, Approved 6-0

 

 

The Planning Board will do the review next month. The rules provide 45 days after the public hearing to vote on approval of the preliminary Plat. 

 

Fees

Supervisor Hayssen reported that the Town Board will act on two local laws at the May meeting. 

Local Law #1 establishes short term rentals as a Special Use. 

Local Law #2 established fees for development costs associated with applications and permits.

In addition, effective April 4, the Town established a moratorium on new Special Use Permits until the fees are set. The goal is to avoid having special-use applications reviewed until there is a fee in place. 

 

An initial STR fee of $125 is being discussed by the STR committee. The question is which Town costs should it cover. 

 

Supervisor Hayssen suggested that the Planning Board recommend how much the fees should be, and the Town Board can consider adopting those. The Planning Board will review them at the next meeting. 

 

Short Term Rentals.

 

The public hearing on Local Law #1 is at the Town Board on Tuesday.

 

The next step is to develop the application form and process for evaluating applications. 

Residents have recommended looking at Finger Lakes’ Premier Properties contract because owners and neighbors have been satisfied with renter behavior where those rules apply.

 

Resident Foggo recommended that the permit have a code of conduct that the owner and manager agree to enforce, and that the permit can be revoked if they do not. 

 

Adjournment

 

Moved by Freier, Second by Björkman. Approved 6-0.

Adjourned 8:42 pm

Varick Planning Board March 24, 2022

Varick Planning board minutes

March 24, 2022

Present: Linda Mastellar (chair), Cindy Lont, Lauren Burling (by Zoom), April Freier (by Zoom), Frankie Long, Thomas Björkman (Secty) One vacancy. 

Guests: Jason McCormick and Mark Lin; Scott Siganowich of First Light; James Foggo, Jim Hetland, Tom Byrne, Liam Byrne, Eric Riegel, Bob Hayssen

Called to Order 7:06pm

Minutes for February

Two corrections made. 

Approval moved by Lont, second by Long. Approved 5-0 

 

Public comment

Jim Foggo. Comment on Backlund and Lin project. Third generation living next to that property. Have strong reservations about the proposed project. 

Quoted the intent of Ag and Rural Residential District. Notably keep agriculture and low-density agricultural in contrast to suburban-style higher-density development. Asks to have the approvals sought. E.g. are they doing cluster subdivision or something else. Thirty residences could become immediate short-term rentals. How will the proposal evaluated against expectations.  

 

Jim Hetland. Fayette had a lot of trouble with STR. Not better for residents. 

 

 

Lin project

 

McCormack and Lin presented the latest plan for discussion with the board. The plan is for a condominium of 15 duplexes on 42 acres. Development takes up about 22 acres. This version has small alterations to waterlines and road. This action would not be a property subdivision under the Subdivision Code; it would be evaluated as a “cluster subdivision” under the Varick Zoning Code. 

 

The amount of traffic was estimated by the New York Department of Transportation at 120 trips per day for 30 residences. Driveway safety was discussed in relation to traffic on Rt. 89. 

 

Maintenance of common areas is proposed to be done by the HOA. Mr. Hayssen noted that the houses are outside the water district, so access to town water would have to be approved by the Town Board based on the supply requirement. 

 

Each unit would for ~$350k. Intent is to build in one phase.

 

A member of the public noted that Smith farm next door has sheep that generate typical farm noise and odor, which could potentially be a conflict.

First Light project.

A company is intending to place an antenna array in the former FLTG property. Scott Siganowich provided a draft bond for $145,000. The company installing made the estimate for decommissioning. We will have the town attorney check for satisfaction. (8-12 satellites in a row)

All the conditions appear to be met, so we anticipate acting on the permit at the next meeting. 

 Olver project.

The former Varick Winery property on Rt. 89. Presented a preliminary plat for a major subdivision to eight parcels. Four lake parcels 3x185, 1x 165, each 1.4. Other parcels are manor, winery and two farmland. The farmland would likely be joined to neighboring farm parcels. 

 

Resolution

 

The Varick Planning Board accepts a Preliminary Plat for a Major subdivision of parcel 09-1-28.12 into 8 lots. The applicant provided an application, preliminary plat and fee. The applicant will supply the Agricultural Data Statement within a week. 

 

Moved by Björkman, Second by Long. Approved 5-0-1.

 

            A public hearing will be held next month. 

Perella project.

The board discussed a preliminary sketch for an additional move on the recently-approved parcels, to add an additional acre from parcel 10-23-26.1 to parcel 10-23-25.2. 

 

The board agreed to consider the proposal once the previously required merger of lots 10-23-25.3, 10-23-25.122,10-23-24 is filed with the county.

Andrus-Seymour subdivision.

 

Resolution

The board accepted an application for a minor subdivision of parcel 14-1-22 of 74 acres, taking out 33 acres that will have 775 feet of frontage on Rt. 414. The use is all agricultural. The applicant provided an application, preliminary plat and fee. The applicant will supply the Agricultural Data Statement within a week. 

 

Moved by Björkman, Second by Burling. Approved 5-0-1.

 

A public hearing will be held next month.

 

Short Term Rentals.

 

County planning board reviewed the proposed short-term-rental rules for our Zoning Code. Voted 7-4-1 on recommending the rules on STR with the caveat that a definition of short-term-rental in code be added. The vote was not enough to approve, because it requires a majority of the 15 members. Their concerns were that some language was too vague for enforcement, and cap on ownership.

We will find out the specific the implications of the vote for the next steps. 

The STR subcommittee will develop more precise words for the ones the County Planning Board found vague so these can be presented to the Town Board at the public hearing on April 5.

 

Adjournment

 

Moved by Burling, Second by Björkman. Approved 5-0.

 

Adjourned 9:25 pm 

 

Varick Planning Board February 24, 2022

 Varick Planning board minutes

February 24, 2022

Present: Linda Mastellar (chair), April Freier, Cindy Lont, Lauren Burling, Frankie Long, Thomas Björkman (Secty) One vacancy. 

Guests: Jason McCormick and Mark Lin; Scott Siganowich of First Light; Jim Foggo.

Call to order 7:02 pm

 

Introduced new practice of general public comment of three minutes in order to work more efficiently.

 

No general comments at the beginning of the meeting.

Minutes for January

Approval moved by Freier, Second by Lont. Approved 6-0.

Martin Subdivision

Open public hearing for Jason Martin subdivision. 7:08

Foggo commented that every subdivision of agricultural land reduces the value of the land for agriculture.

Close public hearing.7:12 

Moved by Björkman, second by Lont. Approved 6-0

Resolution of final approval

The Varick Planning Board issues final approval of the subdivision of parcel 15-1-46 into three parts. A house lot of 1.18 ac will have 176 ft of frontage on Rt. 89. A residential lot will be 16.6 acres with frontage on Rt. 89 and Town Line Rd. The farm field parcel will be approximately 85 acres with frontage on S Town Line Rd.

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 agriculture. 

The board received the Short Environmental Assessment Form and declares 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. 

 

Moved by Freier Second by Long. Approved 6-0

 

Chair Mastellar will stamp and sign the maps once the applicant brings them to her. 

 

Lin project

 

McCormack and Lin presented the latest plan for discussion with the board. The plan is now a condominium of 15 duplexes on 43 acres. They feel that this configuration will be a better fit with providing lake view and projected sales. The development would have municipal water but individual septic systems. McCormack is using an advanced septic design that has had good success with recent lake-adjacent clients and regulators.

The property would have Community areas at top (woods) and bottom (lake).

The overall property would use infiltration basins to manage newly generated stormwater and thereby minimize flooding risk for the duplexes and for the highway and lakeshore.

 

A driveway design at Rt 89 has been approved by NYS DOT.

Common land will be managed by a homeowners association. 

Road built to town-road standard, allowing two-way traffic and fire truck access. 

 

Board members were able to ask questions and get clarifications. T

 

The development is unique, and once submitted will be subject to site plan review and a special use permit. That process provides more flexibility in what can be developed.

First Light project.

A company is intending to place an antenna array in the former FLTG property. Scott Siganowich asked for clarification on how to determine how large the bond is needed in case of abandonment. 

 

The applicant requested that the Planning Board provide the amount of the required bond. 

 

Siganowich noted First Light’s estimated cost, but does not have the client’s cost of disposing of the antennas themselves. The planning board will obtain guidance from the Town Attorney, and will seek other guidance as well. The cost of obtaining such information will be borne by the applicant. 

 

Short Term Rentals.

Zoning Officer Dorn reported that he has had numerous inquiries from out of towners regarding short-term rentals.

The board discussed the subcommittees recommendation for an interim code change that would make short-term rental a Special Use in all Zoning Districts except SBI and WITE, where it would not be permitted. Currently, the high demand is in the Lakeshore Residential District, but there is interest in the Agriculture and Rural Residential District as well. 

 

One concern is how to limit the number of short-term rentals effectively so that they do not have a negative impact on the principal quality-of-life conditions current residents value. One option is to issue permits in an expedited way to people who have been paying the occupancy tax to date. 

 

·      Sufficient parking for the number of guests on the rental property must be available on site. Parking by renters and guests on the street, private roads, neighboring driveways and yards is strictly prohibited. 

·      Certification of a working septic system, if applicable, shall be provided by the applicant. 

·      Seneca County safety requirements must be met. 

·      Short-term rental owners must provide their neighbors, in writing, with contact information so that the owner or manager can be notified of, and remedy, problems with the property or renters. Property owners are responsible for renter compliance. 

·      Any use that is obnoxious or offensive or creates a nuisance to the occupants and visitors of adjacent buildings or premises by reason of noise, odor, or smoke is prohibited. 

·      Noise at the property line needs to comply with the Noise Ordinance. 

·      Pet owners must comply with the Dog Ordinance, as well as the following: 

Dogs must not leave the property of the STR; they should be leashed if being walked in the community. 

Domestic pets, including dogs, should not be left alone for extended periods of time, especially if they bark or are destructive. 

Dogs that bark more than a minimum amount are not a good fit to leave in a short-term rental. 

·      There shall be no open fires between 11 pm and 7 am. All fires must be attended, and should not be smoky or smoldering. 

·      Renters may not use the property for any commercial uses, monetary gain, or any large event. 

·      These renter expectations must be posted in each short-term rental property. 

·      A property owner may not have more than two short-term rental permits, directly or indirectly. 

 

Resolution:

The Planning board asks Chair Mastellar to attend the next Town Board meeting and present the subcommittees proposal as a recommended interim code change.

 

Moved by Björkman, Second by Burling. Approved 6-0

Adjournment

Moved by Björkman, Second by Burling. Approved 6-0

Adjourned at 9:07 pm

Varick Planning Board January 27, 2022

Varick Planning board minutes

January 27, 2022

 

Present: Linda Mastellar (chair), April Freier, Cindy Lont, Lauren Burling, Frankie Long, Thomas Björkman (Secty).  One vacancy. 

Guests: Jason McCormick and Mark Lin; Scott Siganowich of First Light; Jim Foggo.

 

Minutes for December

Moved by Freier, Second by Burling. Approved 6-0.

 

Lin project

 

Mr. Lin and Mr. McCormick were at the Planning Board in November with a proposal. Neither they nor the Planning Board have received a response from Celia Flynn at County Planning who was going to offer the department’s thoughts on site plan review. No further discussion. 

 

First Light project. A company is considering placing an antenna array in the former Scott Siganowich of First Light presented information about a planned antenna array on their campus in the Small Business Park and Institutional District. We determined that it meets the definition of Telecommunications Tower, and will require a Special Use Permit and site plan review. The anticipated height and setbacks are well within the requirements. This special use would require a bond in case of abandonment. The company will submit an application. 

 

Martin Subdivision. 

 

Resolution

The Varick Planning Board accepted a preliminary plat from Jason Martin to divide parcel 15-1-46 into three parts.  A house lot of 1.18 ac will have 176 ft of frontage on Rt. 89. A residential lot will be 16.6 acres with abundant frontage on Rt. 89 and Town Line Rd. The farm field parcel will be approximately 85 acres with frontage on S Town Line Rd.

The applicant paid the fee and will provide a SEQR EAF and Agricultural Data Statement tomorrow. 

We must notify Romulus because this is within 500 ft of the town line.
We will submit the application to the county planning board, and hold a hearing next month. 

 

Moved by Björkman, Second by Long. Approved 6-0.

 

Short-term Rental Subcommittee.  The subcommittee consists of Cindy Lont, Lauren Burling, Susan Ottenweller and Linda Mastellar. They have done a lot in the last month. 

 

The committee has been looking the codes in Geneva, Fayette, Romulus, Ithaca, Rochester Town (Ulster Co.), Canandaigua. A public hearing was held January 5 that had input from 29 people; they have also received letters and emails. 

Want to establish the vision and the goals. 

The committee is emphasizing clarity about what problems are to be fixed. They are in two general areas. 

Lack of community, such as owner and resident commitment to the future of the Town, but also making housing unaffordable for residents due to conversion of residences to short term rentals. 

Nuisances and pollution resulting from overuse or renter behavior. 

 

The committee will present the vision and goals to Town Board for buy-in and feedback. Then they will develop a framework accordingly. 

 

Next steps for committee are to meet the next two Fridays, then present the proposal to the Planning Board at the February meeting. For the next meetings they will take up density of rentals and neighborhood feel. Also the role of long-term rental, which is currently a permitted use unlike short-term rental. 

 

Resident Jim Foggo expressed his concern about subdivisions that make farmland unviable for farming and short-term-rentals that reduce the commitment to the community. In particular the Lin proposal and adjacent development. 

 

Some other issues that came up:

Is there a fire inspection? That would have to be a requirement of the permit. 

Communication is often in the code, with both communication with renters, neighbors and owners or managers.

Barking dogs left all day in the rental is a noteworthy nuisance that wasn’t identified before. 

 

Board membership. Hershey Sensenig’s term expired at the end of December, so there is now a vacancy.

 

Adjournment moved by Burling, second by Lont. Passed 6-0.

Adjourned at 8:47 pm