Varick Planning board minutes August 26, 2021

 Varick Planning board minutes

August 26, 2021

Present: Linda Mastellar (chair), April Freier, Lauren Burling, Rich Olsen, Frankie Long, Thomas Björkman (Secty). 

Absent Hershey Sensenig. 

Guests: Cindy Lont, Gerry Willower, Mark Lin, Ben Lin, Jason McCormack (on phone)

Minutes for July. Moved Olsen. Second Mastellar. Approved 6-0

Welcome to new members Lauren and April.

Colarco Subdivision. 

The Varick Planning Board accepted a preliminary plat for a lot line move at lot 01-4-13 4831 East Lake Rd (Colarco) and 01-4-12 (Willower). The move will square up the lot line by moving it 12.5 feet at rear of the lot, and 0 ft at the road, for approximately 250 ft. The resulting lots will be ~168 ft and ~112 ft in the rear. The applicant provided a SEQR EAF. Will determine whether AgData Statement is needed. Signature of owners of both properties is needed. 

Moved Björkman, Second Long. Approved 6-0.

Backlund trust Subdivision

Dan Toner (Century 12), Eric Backlund (trustee) presented. 

The Varick Planning Board accepted a preliminary plat to divide lot 5-1-13.1 at 4608 route 89, comprising approximately 50 acres.  6.5 ac 43 ac. Each property will have 215 ft frontage. Narrowest point is over 150 ft. Applicant provided a SEQR EAF and Ag Data Statement and will provide a more detailed sketch before we submit the application to the county planning board. 

Moved Björkman, Second Long. Approve 6-0.

Discussed potential future subdivision of the larger Backlund parcel, potentially as a cluster subdivision. The current subdivision would be included in a determination of whether a future subdivision is minor or major.

Noise ordinance postcard. Was discussed at Town Board. They may consider at the next meeting, and possibly combine with Dog ordinance. Björkman will send proposed copy to Donna Karlsen for action.

Short-term rental

Dryden’s 2020 code is relatively short, under 2 pages. In contrast, Fayette’s is 12 pages. 

Canandaigua has three strikes to pull the permit where Fayette has just one.

An effective fine for renting without a permit must be higher than the rental income.

Other towns have found it useful to restrict the number of people per bedroom or total. 

Adjourn Moved Bjorkman, Second Mastellar Adjourned at 9:05

Varick Planning Board July 22, 2021

 Varick Planning Board

July 22, 2021

 

Present: Linda Mastellar (chair), Rich Olsen (via Zoom), , Frankie Long, , Thomas Björkman (Secretary, via Zoom), 

Absent: Hershey Sensenig ,one vacancy

Guest: Cindy Lont.

 

Called to order at 7:01

Michele Hermann resigned because she is moving out of state. Appointments of April Freier and Lauren Burling were made by the Town Board on July 7. Donna Karlsen is awaiting their oaths. 

 

June minutes were not ready. 

 

Short term rental discussion continued. 

Olsen expressed concern about long-time property owners who need to do some renting to pay the taxes. Also about making a rule that is enforceable.

 

Trespassing is a big deal. Short-term renters tend to use neighboring docks, beaches and lawns, which gets very tiresome for the regular residents. 

We will work on a license template in August.

Ask for September slot on Town Board meeting to show license template.

 

Noise ordinance. The noise ordinance was passed. Now people need to know about it.

See whether town can do a card mailing to let people know about noise ordinance. 

            Calibrated to country living. Allows normal noise but restricts excess noise. 

            Enforced by sheriff (Everything is 911?)  Say it is a non-emergency call. 

            You can use a phone app from OSHA to see how loud something is. 

            Link to the rule on the Varick website.

Rich will go to the Town Board’s August meeting to discuss publicity for the noise ordinance.

 

Adjourn 8:31 Moved Björkman, Second Long, Approved 4-0

 

Varick Planning Board May 27, 2021

 Varick Planning Board

May 27, 2021

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

Called to order at 7:01

Approval of Minutes from April 22, 2021

Moved by Hermann, second by Long, approved 6-0

Development inquiry. Messrs. Lin came to ask about the potential requirements and restrictions for building a home on a parcel they are considering at 4608 Rt. 89. The building as described would be a multifamily dwelling, which is conditionally permitted on the part of the property in the Agriculture and Rural Residential District, but not permitted in the part of the property in the Lakeshore Residential district.  

Parella subdivision. The county planning board had no concerns, so the maps were signed. 

Household definitions and short-term rentals. Addressed density question for multi-household dwellings. Determined that we should add “a maximum of one household per 0.7 ac” to the conditional use for two-family dwellings and multifamily dwellings in each zone where they are currently permitted or conditional. (Amend Use Table, 310.3 and 310.4) 

Adjourn Björkman, Second Long, Approved 6-0

Adjourned 8:33

 Varick Planning Board

April 22, 2021

 

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

 

Called to order at 7:11

Approval of Minutes from March

Moved by Olsen, second by Sensenig, approved 6-0

Public hearing for Parella subdivision.

Hearing opened 7:12. 

Will be on the Agenda of the County Planning board’s next meeting. 

Hearing closed 7:15

Resolution: The Varick Planning Board issues final approval 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. 

 

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 not change and is not currently 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.

This approval is contingent on a positive recommendation by the county planning board and the map can be signed once that is received. 

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

Approval of Minutes

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

Discussion of definitions in zoning code.

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.

 

 

 

Excessive parking: “Sufficient parking shall be provided that no vehicles are parked on the road” from 309.5 F needs to be repeated in to 309.5 C  and elsewhere as needed. Perhaps also add “Residential parking shall be limited so as not to contribute to congestion.[TB1] ”

Use the word Household rather than Housekeeping unit as a replacement for “family”.

Define Household as follows:

Household. An interactive group of persons jointly occupying a single dwelling unit, including the joint use of and responsibility for common areas, and sharing household activities and responsibilities (e.g., meals, chores, household maintenance and expenses) and where, if the unit is rented, all adult residents have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease with joint use and responsibility for the premises, and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager (as they do in a rooming house). Seasonal occupancies, whether structures or mobile, are households. 

Change all occurrences of “family” to “household”.

In the definition of Multihousehold Dwelling, delete “contiguous lots with common ownership.” 

We will address the number of houses and dwellings on a single lot separately from that definition. We need to specify (elsewhere) the conditions under which multiple residential buildings can be on one lot. The potential for high-density rental units in separate buildings is a specific concern. We have some helpful descriptions in 310.3 and 310.4.

Define Structure as follows

Structure. A static construction of building materials, including buildings, stadiums, display stands, storage table and includes, among other things, buildings, stadiums, platforms, radio towers, sheds (portable or fixed), storage bins, fences, signs and temporary storage units and satellite reception dishes. Structures can be either permanent or temporary.

Define Building as follows:

Building. Any structure that has one or more floors and a roof and is intended for the shelter, housing or enclosure of persons, animals or personal property.

Define “Habitable building” to distinguish buildings where people may live. It will replace “dwelling” in some instances where there is ambiguity. We will develop the definition next time.  

 

New members. Town Board member Tom Fox suggested two (perhaps three) residents from the middle of the town who might be candidates for the vacant position. Linda will contact them to gauge their interest.

 

Adjournment moved by Björkman, Second Olsen, Approved 5-0

Adjourned 9:07

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

 

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