April 22, 2021

Varick Planning Board March 25, 2021

 

Varick Planning Board

March 25, 2021

 

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

Approval of Minutes from February

Moved by Olsen, second by Sensenig, approved 5-0

Stolzfus-Fisher subdivision.

Public hearing regarding Stoltzfus-Fisher and Smoker subdivision opened at 7:17 pm.

Chair Mastellar noted that the County Planning Board had no concerns.

Public hearing closed at 7:18

Resolution: The Varick Planning Board issues final approval to subdivide Lot 14-1-07.2 into two parcels. This action divides the lot into Parcel A consisting of 42.829 acres of fields, and Parcel B of 30.185 acres with a farmstead and about 28 acres of field. The frontage and narrowest part are over 100 feet wide. The applicants are the buyers of the property, Levi Stoltzfus and Elam Fisher. 

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 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.

Moved by Long, Second by Olsen. Approved 5-0

Parella lot line move. Realtor Nick Davoli appeared on behalf of the owners.

The proposal is to more move 125 x 579 (2.09 ac) to the north side of Parella’s existing lot (10-3-25.3), which fronts on East Lake Rd from Lafferty’s lot 10-3-26, which fronts on Deal Rd, leaving about 5 acres and a width of 561feet. Parella has access to Deal Rd by easement, not by deed.

Resolution: We accepted a preliminary plat for a lot-line move to take 2.09 acres from Lot 10-3-26 (Lafferty) to lot 10-3-25.3 (Parella). The frontage and narrowest part of the remaining part are 561 feet. We will also receive an Agricultural Data Statement and Environmental Assessment Form. The application will need to be filed by the both owners.

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

Noise ordinance. Sheriff Luce responded to Chair Mastellar regarding the proposed noise ordinance. He has long experience with Waterloo’s noise ordinance. It worked well and was applied all the time. He said that it was definitely enforceable, and he is in favor of the ordinance. He noted that nobody has a dB meter, even though they are quite inexpensive. He suggested that the ordinance specify a fine, with a minimum and maximum, for second offences. Björkman will present this information to the Town Board at their April 6 meeting.

Discussion of structure definitions.

We have recently had some cases where residents, or prospective residents, wanted to find out what the permissible use was for a unit, but there was ambiguity because some terms were not defined, or not defined well enough.

 We need to have good definitions for habitable structures, their subunits, the groups of inhabitants, and how they are used.

Once we have definitions that lets us clearly identify what we call all the variants we have encountered, we can begin grouping uses and what is permitted, conditional and prohibited in the various zones. The uses should follow fairly closely to what is intended in the code now; the purpose is to clarify definitions.

Adjournment.

Moved by Sensenig, second by Long. Approved 5-0. Adjourned at 9:18

Varick Planning Board February 25, 2021

 

Varick Planning Board

February 25, 2021

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

Visitors: Lauren Burling (via Zoom), Levi Stoltzfus, Tom Karlsen; Rick Willower, Annie Bachman.

Called to order 7:01 pm

Approval of minutes from January 2021.  Moved by Sensenig, Second by Long  Approved 5-0

 

Chair Mastellar reported that we will hear more from county clerk’s office regarding confirming that subdivisions are filed as they were approved.. No progress at Sheriff regarding their evaluation of enforceability of the proposed Noise Ordinance.

The proposal is for the subdivision Rick and Scott Willower. A subdivision approved in June 2019 is still pending. The owners have determined that they prefer not to transfer one of the parcels involved in a land swap. They would like affirmation from the Planning Board that the incomplete execution of the subdivision meets all of the requirements.

Resolution: We accepted a request for a modification to the subdivision approval from June 2019, wherein Parcel 12.11 will remain with Willower. Inasmuch as partial completion of the transaction maintains contiguous ownership and the 30-foot strip will not be extended, it is consistent with the all of the requirements we had for the original subdivision. If the applicant provides an updated map consistent with this description, it can be signed by the chair.

Moved by Long, Second by Sensenig, Approved 4-0-1

Stoltzfus subdivision. Applicants, Levi Stoltzfus and Elam Fisher, buyers. Stephen and Fannie Smoker, owners.

Resolution: We accepted a preliminary plat to subdivide Lot 14-1-07.2 into two parcels, Parcel A consisting of 42.829 acres of fields, and Parcel B of 30.185 acres with a farmstead and about 28 acres of field. The frontage and narrowest part are over 100 feet wide. We will also receive an agricultural data statement and Environmental Assessment Form. The application will need to be filed by the present owner.

 

Moved by Olsen, Second by Sensenig Approved 5-0

Definitions of various transient-housing uses. Annie Bachman, Chair of the Zoning Board of Appeals, raised several questions regarding definition of cottages, transient housing and related matters. For next meeting, we need to define cabins and cottages in the context of campground and trailer-camp use. Furthermore, we need to cover additional options that are becoming relevant today so that all potential residential and lodging options are covered.

Also make sure the phrasing on non-conforming uses is unambiguous, e.g. “without interruption”.

 

Ms. Bachman also discussed an application for a Use Variance for housing at Hillside. It will be presented to the ZBA at their March 11 meeting, but it won’t be discussed then. A public hearing will be later, likely around end of March at the Romulus firehouse.

Adjournment moved by Sensenig, second by Hermann. Passed 5-0

Adjourned at 9:15 pm


 


March 07, 2021

Varick Planning Board January 28, 2021

 

Varick Planning Board

January 28, 2021 


Present: Linda Mastellar (chair), Hershey Sensenig (7:30), Rich Olsen (via Zoom), Michele Hermann (via Zoom), Frankie Long (via Zoom), Thomas Björkman (Secretary, via Zoom), one vacancy. 

Visitors: Tom Karlsen, Lauren Burling (via Zoom), Levi Stolzfus

Called to order 7:08 pm

Approval of minutes from December 2020.  Moved by Olsen, Second by Hermann Approved 5-0

Opened public hearing for two Karlsen subdivisions (below) at 7:12.

No comments received.

Public hearing closed at 7:13.

Tom Karlsen, executor of Mary-Alice Karlsen’s estate, appeared with two items.

Resolution. The board issues a final approval for a lot line move that would take 6.54 acres from lot 01-2-16.1 (86 ac) to 01-2-16.2 (42.6 ac) in order for the lot to reach a laneway and conform with natural features. Lot 16.1 is part of the Mary-Alice Karlsen estate, Lot 16.2 is owned by Kristen and Jaqueline Karlsen.

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 in agriculture. 

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

The county Planning Board reviewed this application and recommended the condition that the 6.54 acres be added to an existing parcel. This resolution incorporates the restriction.

The approval is contingent on both parties filing the new plat with the county.

 

Moved by Olsen Second by Hermann  Approved 5-0.

 

The second item is a subdivision of a parcel on Yale Farm and Secor Rds.


 

Resolution. The board issues a final approval to subdivide Lot 08-1-01.1 to create a new lot (B) of 12.394 ac of woods in the southwest part of the lot, with the residual 37.102 ac (A) being agricultural land. The new lot will have at least 800 feet of frontage on Secor 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 in agriculture. 

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

The county Planning Board reviewed this application and recommended approval.

Moved by Olsen, Second by Mastellar  Approved 6-0.

We received no information back from the sheriff for comment on how they would enforce the noise ordinance despite a couple more inquiries.

We will add Ms. Burling to the email announcing the Feb 25 meeting.

Subdivision form 8Supdated so that in a lot line move, each party must provide a form, though only one fee is needed. Björkman will edit and upload to website.

Mastellar will call the county clerk to identify the best procedure for confirming that subdivisions were executed as approved by this board. The Brandow subdivision of Sept 2019 is one example where the current tax map and tax record do not reflect the approved action. The tax map is not dated.

Levi Stoltzfus subdivision application. We had a preliminary discussion about the subdivision of a parcel of farmland that he wants to purchase and then divide with a neighbor. We identified resulting lots and lines that would meet the subdivision requirements. We anticipate a preliminary plat soon.

Adjourn. Moved by Sensenig, second Olsen (Passed 6-0).

Adjourned at 8:49

 

 

January 28, 2021

Varick Planning Board December 17, 2020

 

Varick Planning Board

December 17, 2020 


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

Visitor: Tom Karlsen

Called to order 7:02 pm

Moved by Olsen, Second by Hermann

Linda checked on some recent subdivision filings, and they have been done correctly. Recent lot-line moves have to be confirmed next. Both lots need to be filed simultaneously for them to agree.

Chair Mastellar called sheriff regarding their evaluation of the enforceability of the proposed noise ordinance, but did not get a response.

Tom Karlsen, executor of Mary-Alice Karlsen’s estate, appeared with two items.

Resolution. The board accepted a preliminary plat for a lot line move that would take 6.54 acres from lot 01-2-16.1 (86 ac) to 01-2-16.2 (42.6 ac) in order for the lot to reach a laneway and conform with natural features. Lot 16.1 is part of the Mary-Alice Karlsen estate, Lot 16.2 is owned by Kris Karlsen. We received the EAF for SEQR and an Agricultural Data Statement, will submit the application to the county for review. The form will require the signature from both parties to the transaction.

Moved by Björkman, second Olsen (Passed 4-0).

Following further discussion,

Resolution: Rescind previous resolution.

Moved by Björkman, second Mastellar (Passed 4-0).

Resolution. The board accepted a preliminary plat for a lot line move that would take 6.54 acres from lot 01-2-16.1 (86 ac) to 01-2-16.2 (42.6 ac) in order for the lot to reach a laneway and conform with natural features. Lot 16.1 is part of the Mary-Alice Karlsen estate, Lot 16.2 is owned by Kris Karlsen. We received the EAF for SEQR and an Agricultural Data Statement, will submit the application to the county for review. The form will require the signature from both parties to the transaction.

The second item is a subdivision of a parcel on Yale Farm and Secor Rds.

Resolution. The board accepted a preliminary plat to subdivide Lot 08-1-01.1 to create a new lot (B) of 12.394 ac of woods in the southwest part of the lot, with the residual 37.102 ac (A) being agricultural land. The new lot would have at least 800 feet of frontage on Secor Rd. We received the EAF for SEQR and an Agricultural Data Statement, and will submit the application to the county for review.

Moved by Björkman, second Hermann (Passed 4-0).

Discussion followed regarding solar utility regulation changes proposed by NY State.

Noted that board members had received questions regarding non-permitted residential uses in the Institutional and Small Business District.

Adjourn. Moved by Björkman, second Olsen (Passed 4-0).

Adjourned at 8:04

December 18, 2020

Varick Planning Board Minutes November 19, 2020

 

Varick Planning Board

November 19, 2020 

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

Called to order 7:02 pm

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

Subdivision procedure. 

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

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

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

Noise ordinance. 

Made small changes to reflect Town Board concerns. 

Resolution:

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

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

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

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

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

 

 

Varick Planning Board October 22, 2020

 

Varick Planning Board

October 22, 2020

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

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

 

Knapp Farms Public Hearing

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

 

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

Resolution:

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

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

 

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

Bachman subdivision

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

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

Cider house rules

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

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

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

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

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

Other topics

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

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

 

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

 

October 23, 2020

Varick Planning Board September 24, 2020

 

Varick Planning Board

September 24, 2020

Called to order at 7:10 pm

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

 

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

Bachman subdivision.

Public hearing opened 7:13.

Public hearing closed 7:15.

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

Resolution

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

The current use of the Lakeshore property is agriculture.

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

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

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

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

The county planning board will review at its October meeting.

 

Knapp Farms subdivision.

Resolution:

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

 

Moved by Björkman, second Hermann, passed 5-0

 

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

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

We will schedule a public hearing for our October meeting.

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

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

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

Short-term vacation rentals

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

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