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 Berling (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

 

 

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

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

 

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

Varick Planning Board August 27, 2020

 

Varick Planning Board

August 27, 2020

Called to order at 7:00 pm

Present: Linda Mastellar (chair), Rich Olsen (via Zoom), Frankie Long, Thomas Björkman (Secretary, via Zoom), Absent: Michele Hermann, Hershey Sensenig, one vacancy.
Guests: Annie Bachman, Neil and Lisa Olver, Sarah Abernethy.

 

Bachman Subdivision. Accepted a preliminary plat for a minor subdivision. The proposed lot line move transfers 1.226 acres from Lakeshore Winery (Parcel 09 - 1 - 45.1) to a residential lot (09 - 1 - 33.112) owned by LoFaro, allowing better access to the residence. No concerns were identified, all subdivision requirement appear to be met. Schedule a public hearing. Moved by Björkman, Second by Olsen, passed 4-0.

Olver subdivision. Neil and Lisa Olver. Considering buying Varick Winery and subdividing for homes. We recommended checking with County code enforcement on what can be built on the lots between the lake and the highway given the setbacks and topography. The dimensions and arrangement of the new parcels appear to be consistent with our subdivision code, though a judgement can only be made once a preliminary plat is submitted.

Cottage use question. Sarah Abernethy is considering purchasing a property on East Lake Road and operate five existing small cabins as vacation rentals. The main home would be a two-unit rental. She sought the Planning Board’s assessment of the proposal.

The board reported that cottages for rent are not a permitted use in the Lakeshore Residential district, due to congestion and neighbor-impact, therefore this use is not an option. Parking is likely to be a challenge, and is also an impact that the neighborhood is very sensitive to.

Minutes of July 23, 2020 approved. Moved by Olsen, second by Mastellar, passed 4-0.

Adjournment moved by Björkman, second by Long, passed 4-0
Adjourned 8:38 pm

Varick Planning Board July 23, 2020

Varick Planning Board

July 23, 2020

 

Varick winery. Prospective buyer of a local business wants to talk about potential uses.

 

Church on 414 appears to be sold. Construction across the street.

February 27, 2020 minutes approved. Moved by Herman. Second Long. All in favor.

June 25, 2020 minutes, as amended, approved.  Moved by Olsen Second by Hermann.

Discussed edits to Noise ordinance.

Move to discuss the Proposed noise ordinance be shown to sheriff and those adjustment and the draft ordinance be presented to the Town Board.  Moved by Olsen Second by Sensenig Approved 6-0.

 

Discussed solar development proposed by NextEra (Declaration Energy Center) on Depot.   Make sure the developer knows the current solar code from 2019. We will find out the status at the next Town Board meeting, and how it will match the zoning code for the area.

 

Adjournment Moved by Sensenig Second by Long. 8:45