December 14, 2008

Approved Minutes from November 20th meeting

Town of Varick Planning Board Meeting Minutes

Date of meeting
: November 20,2008

Meeting called to order: 7:05pm

Attendees: Thomas Bjorkman, Phil Knapp, Bill Larzelere, Bill Squires, Susan Ottenweller, Linda Masteller(new member)
Absent: Kevin Swartley
A quorum was present.

New Member:
Linda Masteller introduced herself noting she lives on East Lake rd and was very interested to help finish the changes to the new Zoning code. She had attended a couple of our meetings as we developed the code as a member of the general public. Her contact information is on the Varick Planning Board website.

New Business:
The Town of Fayette has an agreement with Seneca County for a 90 day trial period to do code enforcement and building permits.
Discussion by our board concluded that this was a good idea and agree that with the new codes a dedicated full time person that understands the codes is good idea. We would like to know how the arrangement with Fayette works out.

Zoning Code Changes:
Chairman Squires went over his plan for finishing the changes for the Zoning code and possibly the Sub-Division code in the coming year.
Hopes to have the Zoning code finished by the Feb. or march with a public hearing by April. Wants to have an early meeting with the Town Board And the Zoning Board of Appeals when the changes are finalized for a final look and input.

Section 107 Definitions:

Accessory Facility:
Examples: Take out “Transmission equipment” Examples included will be “storage sheds”, “gazebos” and “detached garages”.

Bar: Add definition created at last meeting

Page 4 “Dwelling” “part Therof” add “Inns” 4th line

Page 5 Add “Hotel” State definition

Page 6 “Mobile Home” last paragraph “in two or more parts”

Page 6 Add “Motel” “See Hotel definition”

Page7 Redo “Place of Worship” definition Susan Ottenweller will research other Town's language for this definition.

Page 7 Add to “ Travel Trailer” definition “including but not limited to a tent camper or motor home.”

Page7 Add “Residence” “See Dwelling and Dwelling Multi-family”

Section 310.5 Phil Knapp questioned whether the language about requiring the mobile home to be on a permanent foundation below frostline was correct and reasonable. After discussion it was decided to change the “below frostline “ to “All mobile homes shall, at the least, be on a permanent foundation slab on compacted gravel.”

Mobile Homes: characteristics: page6 2. Designed to be transported on it's own chassis and connected to utilities after placement.

Last paragraph: For purposes of this ordinance, modular homes, which are built and transported to a building site in two or more large parts and are constructed on a permanent foundation below frostline are not considered “Mobile Homes”.

Page7 Add definition of “Temporary Structures” Look up for better language.

Page 9 Article2 Discussion of making two Lakeshore districts. One for East lake Road and one for Rt.89. Decision for now is NO . Future major issues may require re-evaluation of this decision.

Page 12 section 306.3 Side setbacks apply to docks, decks, walkways and boat hoists

Section 308 Use Tables
Bar special use across the board

Page 16 Nursery and Garden Shop Definition to be developed LR rt. 89 “permitted”, LR East Lake rd. “conditional.”

Bulk Table pg18 Development Feature section will come out and go into Sub-Division code

First sentence “ The following restrictions apply to construction on a single lot”

Side and rear setbacks for accessory structures move to below asterisked paragraph

*and ** take out of page 19 but leave in “as is” on page 20

Section 309.2 Fences and walls paragraphC “If mutually agreed upon otherwise fences are to be set back at least one half the height of the fence from the property line.

Need to finalize how to deal with hedges and trees

Minutes from October 30th meeting:

Agreeded to “table” approving minutes because members needed to review the new definition language and the language about drainage design drafted by Bill Larzelere.

Next Meeting:
December 18th 2008 at Varick Firehall at 7:00pm

Meeting adjourned at 9:00 pm.

Minutes respectfully submitted,
Bill Larzelere- Secretary

October 13, 2008

Approved Minutes from September 26th Meeting

Town of Varick Planning Board Meeting Minutes

Date of meeting: September 25th , 2008

Meeting called to order: 7:10pm

¨ Attendees: Thomas Bjorkman, Phil Knapp, Bill Larzelere, Kevin Swartley , Bill Squires,
Absent: Susan Ottenweller
A quorum was present.

¨August 28th Meeting minutes : Kevin Swartley had taken minutes at this meeting because of Bill Larzelere’s excused absence. Kevin will forward his notes to Bill to have the minutes published.

Guest discussions:

Mr. Katul from 5888 E. Lake Rd. is in the process of purchasing this property and wanted to be clear on the rules for building on Lake District lots. His plans will have a main house on the upper side of East Lake Rd and a cottage that he may rent on the lake side of the road. He wanted to be sure he could have two structures on one lot before he finalized the sale. The board reviewed his lot drawing and concluded that it met all of the new conditions in the most recent zoning code changes. The board thanked Mr. Katul for checking before starting the project and suggested that if the project would take a significant amount of time before getting started, that it would be wise to check back with the board in case there were other changes that may not allow his project although there are no plans to change this portion of the code.

Joe Serven of New York Land and Lakes Development Company told the Board about his companies interest in purchasing a 100 acre piece of property on Yale Station road for development of approximately 10 lots with each lot being 5 to 10 acres. There would be about 300 feet of road frontage. The lots would be for residential development and not commercial property. He asked if our Board saw any issues with this concept in this area. He was informed that it would be considered a “major” subdivision and would be subject to all the conditions of the Sub Division code at the time when the project was formally proposed.

Old Business:

Snyder Subdivision - Since no members of the public were at the public hearing on August 28th and proper notice of the hearing was published, a motion tonight was formally made to approve the Snyder Subdivision presented for approval at the August 28th meeting.
Kevin Swartley made the motion and Thomas Bjorkman seconded the motion. The vote was unanimous to approve the motion.

New Business:

Chairman Squires suggested that a stamp be made to be used on approvals of plats for subdivisions.
Kevin Swartley made a motion that the Planning Board Chairman would be the duly designated official to sign the stamp and the Planning Board Clerk would be the secondary official if the Chairman was not present or able to sign.
Phil Knapp seconded the motion and the Planning Board vote was unanimous to approve the motion.
The Chairman will get the stamp made.

Zoning Code Changes:

Discussion of changes to be worked on by our Board and to be presented to the Town Board in a reasonable amount of time.

A preliminary list was developed:
1. Conditions for “Inns” in the use table
2. Conditions for a “Planned Unit Development or PUD” This may be in a revision of the subdivision code
3. Dock Sizes
4. Telecommunication Towers(Update for approved Zones)
5. ZBA enhanced ability to grant variances in reasonable and mutually agreeable situations between parties.
6. Subdivision Code- Simplify minor subdivision process. Make sure an Ag. Data Statement is included.
7. Clarification of the definition of a “Bar”
8. Language on “Canned Hunts”
9. Depot property usages.
10. Drainage Design Language

In the discussion of the drainage design issue Chairman Squires suggested developing a “Site Plan Checklist” for the Code Enforcement Officer to use when evaluating plans presented to him for approval. This checklist could also be on the Varick Website for the public to use in preparing their plans to be approved. All agreed that this was an excellent idea.

Phil Knapp was asked (and he agreed )to compile a list of important issues raised in the Public Information meetings that would be put on the “To Do” list.

Chairman Squires asked the Board to work on three changes for discussion at the next meeting.
These are:
1. Conditions for an “Inn”
2. Definition of a “Bar”
3. Drainage Design Standards

Next Meeting: October 30, 2008 in Varick Firehall at 7:00 pm

Meeting adjourned at 9:00 pm.

Minutes respectfully submitted,
Bill Larzelere- Secretary

August 07, 2008

Approved Minutes to July 29th, 2008 Meeting

Town of Varick Planning Board Meeting Minutes

Date of meeting: July 29th , 2008

Meeting called to order: 7:10pm

¨ Attendees: Thomas Bjorkman, Phil Knapp, Frankie Long, Bill Larzelere, Susan Ottenweller, Kevin Swartley , Bill Squires, Miles Persing(Code Enforcement Officer)
¨ Special guests: Town Supervisor- Bob Hayssen, ZBA Chairman Bob Taylor

A quorum was present.

Since no Planning Board Chairman was in place since Bob Kayser’s resignation,
Susan Ottenweller (decided by members) called the meeting to order.

Sub division Public Hearing on Ezra Wengard

  • Sub division of Ezra Wengard’s property on the corner of Ernsberger Rd. and Rt. 414 was opened for public comment. There was none. Board members asked about a five acre parcel that was separate from the two parcels that were being sold to Reuban and David Stoltzfus. Bill Larzelere informed the Board that this was being sold as part of the “B” lot and that all setbacks and road access appeared to be proper. These parcels will be farmed and be part of the Ag district.
    Thomas Bjorkman moved that this subdivision be passed by the Board. Kevin Swartley seconded the motion. The motion passed unanimously.
    The Public Hearing was closed at 7:15 pm.

    Regular Planning Board Meeting

    At 7:16 PM The regular meeting of the Planning Board was called to order by Susan Ottenweller

    ¨ June 26th Meeting minutes approved- TB moved- FL seconded- Voted Unanimous to accept

    ¨ Planning Board Chair
    Planning Board members were given an opportunity to state their interest or lack of interest in being the Planning Board Chairman. After much discussion, new member Bill Squires consented to being the Chairman for a one year period. Citing his newness to the Planning Board, he asked that Thomas Bjorkman be able to consult on matters that he did not have knowledge of. Thomas consented.
    Thomas Bjorkman made a motion that Bill Squires be appointed Chairman for a one year period. Susan Ottenweller seconded and the vote was unanimous in the positive. Bill Squires ran the meeting from this point forward.

    ¨ Zoning Code Change Discussion

    Changes to the new zoning code and suggestions for language were discussed in depth for several “issues” that have come to light since the new code was adopted in December of 2007. These concerns have been brought forth in public comment and letters to the Board.

    Decisions made were:
    to make Churches “permitted” in the LakeShore Zone in the Use table

    2. 302.4 Section1 Common Access in Lakeshore Zone- Discussion of multiple family uses of common lake access- Changed to 2-4 families per 100 ft of lake frontage. For greater than 4 families, an added 20 feet of frontage is required per family. Each 100 foot of frontage can have one dock and boat hoist.

    3. Remove, for now, all crossed out text in the existing code and renumber paragraphs. The issues addressed in the crossed out text will be put on a list for future discussion.

    4. Building/lot specifications

    Impervious surface- Decision was made to remove the impervious surface requirement in the code and deal with scale of housing on a lot by defining the “building envelope” allowed on a lot. After much discussion, the amount of a lot under roof will be 25% or 2000 square feet whichever is greater.

    Side setbacks- in the Lakeshore zone only will be changed to 10 feet

    House height – in Lakeshore Zone will be increased from 25 feet to 35 feet although recognizing that more lot coverage with a single story house was preferable to a two or three story house that will block lake view.

    Discussion was also about the 80% coverage allowed in the Hamlet district as too much and most agreed it was too high, but would be put on the list for further discussion.

    Kevin Swartley suggested a 25% lot coverage in the Rural/Ag District instead of 20% on a minimum .7 acre. All agreed.

    5. Docks
    Section 306.3. Increase allowable dock surface area to 850 square feet and reduce the side set back to 10 feet. This includes boat hoists as well.
    Section 107. Add definition of dock and seawall as approved at the May 22, 2008 Planning Board Meeting.
    Section 308, Use Table. Add Seawall as a Conditional Use in the Lake and Lakeshore Districts.
    Section 310.22. Add condition on seawalls that permission is obtained from state and federal agencies before construction or repair.

    6. Storage Sheds and/or Accessory Facilities
    All sheds bigger than 144 square feet need a building permit(County requirement)
    In all Zones- all sheds less than 200 square feet and 15 feet in height will have at least a 5 foot side and back setback from property line. Sheds larger than 200 square feet will have at least a 10 foot side setback from a property line.
    Sheds will have a 70 foot front setback from the centerline of the road or be “in line” with the setback of the house on the property.
    Lakeside sheds for beach storage will be setback same as existing sheds on adjoining properties.
    Sheds in Rural Residential Zone used for vegetable/baked goods sales stands are allowed.

    Thomas Bjorkman - moved to accept all proposed changes to the Varick Zoning Code as described and forward to the Varick Town Board for further discussion and Public hearing. Susan Ottenweller seconded the motion and the vote was unanimous in the affirmative.

    Next Meeting: August 28th 2008 in Varick Firehall at 7:00 pm

    Meeting adjourned at 9:15 pm.

    Minutes respectfully submitted,
    Bill Larzelere- Secretary

August 06, 2008

Summary of proposed Zoning changes

The Varick Planning Board has proposed the following changes in the Zoning Code in order to rectify issues that have been identified since it was enacted last December. The proposed changes are the most pressing and considered relatively easy to resolve. The Planning Board and Town Board will work on the more intricate, difficult or controversial issues this fall.

These proposed changes are the subject of a public hearing on August 19, 2008 at 7 pm in the Varick Fire Hall, followed by a special meeting of the Town Board to act on them.

The full code with changes marked is available for download at (0.5 MB)

1. Impervious surface and structure height
Section 309.1, Bulk Table. Delete restrictions on impervious surface. Change Lakeshore Residential to 25% structure or 2000 sq ft. whichever is greater; increase maximum height from 25 ft to 35 ft; and decrease side and rear setbacks from 15 ft to 10 ft.

This change allows for larger houses, and provides a measure of scaling for the smallest lots. (They still need to meet setbacks.) Any amount of blacktop or pavement will be allowed. We will need to deal with water quality issues in another manner.

2. Docks
Section 306.3. Increase allowable dock surface area to 850 square feet and reduce the setback to 10 feet. Note that the setback applies to hoists as well.
This change accommodates all the docks currently at issue.

Section 107. Add definition of dock as approved at the May, 2008 Planning Board meeting.

This addition clarifies what constitutes a dock and how to measure its size.

Section 308, Use Table. Add Seawall as a Conditional Use in the Lake and Lakeshore Districts
Section 310.22. Add condition on seawalls that they permission is obtained from state and federal agencies before construction or repair.

These provisions primarily help landowners avoid getting in expensive trouble with regulators.

3. Small sheds
Section 309.1, Bulk Table. Added line for Accessory Facilities under 200 sq ft and 15 ft high, and provide a setback of 5 ft.

This change lets homeowners put small sheds a little closer (5 ft) to the side and back than they would otherwise (10 ft). The front setback is not reduced.

4. Funneling
Section 309.5 (G). Insert section 302.4 (I) and (J) from the previous code into the paragraph regarding Common Access sites.

This change restores funneling limits that existed previously and was unintentionally deleted. Scaling for more owners was simplified.

5. Remove restriction on churches
Section 308, Use Table, Second use (Places of Worship). Change the LR zone from C310.11 to P.

Eliminates concern about restriction on churches. Given the high sensitivity of East Lake Road residents to on-street parking and congestion issues, some other way must be found to deal with potential parking issues.

6. Deleted text
Parts of 309.2, 309.4 and 309.5, 310.3. Remove all text that was crossed out on Dec. 4. and renumber paragraphs as necessary.

This change has no effect on what is permitted, but makes the text easier to interpret.

July 13, 2008

Approved Minutes from June 26th Meeting

Town of Varick Planning Board Meeting Minutes

Date of meeting: June 26th , 2008

Meeting called to order: 5:45pm

¨ Attendees: Bob Kayser(Chairman ), Thomas Bjorkman, Phil Knapp, Frankie Long, Bill Larzelere, Susan Ottenweller, Kevin Swartley , Miles Persing(Code Enforcement Officer)
A quorum was present.

Public Hearing on Hammond Sub division

Sub division of Barbara Hammond’s property on Rt 89 was opened for public comment. There was none. Board member Susan Ottenweller asked why the 50 ft. lake frontage was detailed on the drawing and was shown the right of way notation on the drawing and assured that this was only a Right of Way negotiated with Barbara Hammond to give them lake access and was not part of the subdivision.
Being no other comments Chairman Kayser asked for a vote and the Subdivision passed unanimously.
The Public Hearing was closed at 5:55 pm and the Board moved to the Town Boards Public Hearing on the Zoning Code Revisions.

Regular Planning Board Meeting

At 9:20 PM The regular meeting of the Planning Board was called to order by Chairman Kayser.

Attendees: Bob Kayser(Chairman ), Thomas Bjorkman, Phil Knapp, Frankie Long, Bill Larzelere, , Kevin Swartley , Miles Persing(Code Enforcement Officer)
A quorum was present.
Absent: Susan Ottenweller

¨ May 22 Meeting minutes approved- TB moved- PK seconded- Voted Unanimous to accept

¨ Planning Board Chair Report

1. Zoning Board of Appeals had heard Rick Conley’s appeal of a stop work order and rejection of a building permit of a dock and deck and had approved the construction based on the date of the beginning of the project and construction details presented to them.
2. Noted that in his discussions with the DEC and the OGS, that they will not go against local Town Ordinances with regard to Lakefront development beyond their basic requirements for protection of the shoreline and aquatic habitat. Two items as examples(not detailed) are “no residence allowed in boathouses” and “no cantilevered structures or platforms over the water other that docks of conforming size.”
3. Planning Board Chair resignation.
During the Town Board’s Public hearing, Bob Kayser had resigned as Chairman of the Planning Board effective at midnight of June 26th. Reasons for his resignation were noted in a statement read during this hearing. Bob thanked the Planning Board as a whole, and each individual personally, for the opportunity to work with them and wished all good luck. Several members thanked him for his service and wished him well noting that his expertise and diligence will be missed.

¨ Zoning Code Enforcement Officer Report

Miles Persing.
1. The Pleasant Valley Mobile Home Park was able to adjust the location of the trailer they wished to install and meet all the setback requirements. This allowed him to be able to issue a Permit for the existing unit to be replaced.
2. Has been able to work well with the County Planning Board.
3. Storage shed placement has been an issue and in his opinion will need to be addressed in the upcoming Zoning Code revisions.
4. Code Enforcement officer resignation.
Miles announced his intent to resign his position of Code Enforcement Officer and thanked the Board and members for the help all had given him in training and working with the new Code. It was everyone’s opinion that Miles had done a great job and was disappointed that he had come to this decision. ( In subsequent negotiation with the Town Board, Miles did agree to continue with an increased salary and “full time” job designation.)

New Business Discussion

1.Replacing Planning Board Chairman- Kevin Swartley suggested we wait until a full Board can be present. All agreed.
2. No other new business since it was not known what the decision of the Town Board would be regarding rescinding the Town of Varicks Zoning Code.

Next Meeting: Our next regular meeting will be July 29th at 7:00pm in the Varick Firehall. Note that this is not the regular date, but vacations and business trips caused a new date to be agreed on.

Meeting adjourned at 10:00 pm.

Minutes respectfully submitted,
Bill Larzelere- Secretary

July 10, 2008

Planning Board Meeting Day Changed

The next scheduled Planning Board meeting will be July 29th at 7:00pm in the Varick Firehall.
A Minor Subdivision Public Hearing will be on the agenda. Property owned by Ezra Wengard of 150 acres on Ernsberger rd. and Rt 414 is to be split into two properties and sold to Reuban and David Stoltfus.
Discussion will also be around changes to the Zoning Code after the Varick Public hearing held on June 26th.
It is expected that a new Chairman will be chosen after the resignation of Bob Kayser.

Bill Larzelere

July 02, 2008

New member

On July 1, the Town Board appointed Bill Squires to fill the term of Bob Kayser. Bill is a civil engineer who lives on East Lake Road. We welcome him to the team.

There will be a workshop on July 15th among the Town Board, the Planning Board, the Zoning Board of Appeals, and the Zoning Code Enforcement Officer to address the next round of revisions to the Zoning Code. This meeting follows up on public input at the June 26 meeting and will consider the experience of the various boards so far this year.

June 26, 2008

Note on June 26 meeting

The public meeting on rescinding the Zoning Code revisions was well attended and lots of public comment was received.

Afterwards, the Town Board did not vote to rescind the revisions. Instead, they voted to have the Planning Board revisit several issues that need revising and come back with proposed revisions in 60 days. In the meantime, there will be a workshop between the two boards, and then a public meeting in a couple months.

The current code stays in effect in the meantime.

Comments will be accepted by letter or email to the town clerk, supervisor and planning board. Click links to get addresses.

June 23, 2008

Björkman comment on June 26 meeting

This commentary was published Tuesday 6/24 in the Finger Lakes Times

The Varick Town Board is about to consider an ill-advised return an old and obsolete zoning code, throwing out recent well-researched revisions that are essential for protecting the interests of Varick’s residents.

The new code is truly the plan of the people of Varick. Hundreds of people had direct input to the planning board through our comprehensive planning, and during the two years that the Planning Board turned the vision into specific policies. Those policies are in the new code that was adopted last December. The full text is on Varick’s website

Varick will continue to change; residents get a say in how that change happens through local zoning. The new up-to-date zoning code lets those of us who have chosen to live in Varick have some assurance that what we value will still be here tomorrow. Our neighbors on Canandaigua and Keuka Lakes waited until it was too late. They suffer with congestion and high taxes that many in Varick shudder at. There is till time to determine our fate, but not much time.

The main thing the new code achieves is to create districts that reflect different expectations and land use challenges.

  • The lakeshore and hamlet zones require some protections to recognize the high-density residential development there.
  • Agriculture is central to Varick’s nature, both as a major business and what creates the beautiful environment that we so value.
  • Hamlet vitality is encouraged through development that makes them more attractive to live in.
  • The plan encourages business, especially home-grown small business, that strengthens our community. The businesses at the north end of the Depot, Finger Lakes Technology and Hillside Children’s Center, are good fits that need encouragement and protection from incompatible uses.
  • Water is a defining character of Varick, and resident are deeply concerned about water quality. The plan protects water quality, especially near the lakeshore.
The new code provides basic protections for residents and property owners in Varick that were missing in the previous code.

Of interest to many residents is that the code addresses our vision for future development on the former Seneca Army Depot. The old code left the town with no say in Depot development. In New York, the Town has responsibility for determining land use. The new code fulfills that responsibility by establishing guidance for Depot land that reflects what Varick resident value: Conservation, recreation and green energy. It also gives town officials needed support to partner with the Seneca County IDA in redeveloping this property for the benefit of the community.

In a small town, providing accurate, uniform, customer-friendly zoning enforcement is a challenge. The code revisions are designed to be very clear. Residents can plan projects seeing clearly what provisions need to be met for the community’s sake. They are also easier and less expensive to enforce so that they are fair to everyone.

Town residents need to make it clear to board members that the protections instituted last December are important. The spirit of lawlessness that is motivating the rescission drive rejects their accountability to the residents of the town, and a failure to take responsibility for our future. Rescinding the conservative revisions of the zoning code leaves the town vulnerable and without an adequate voice in its own future. Oral and written input will be accepted at the Varick Fire Hall on Thursday June 26 at 6 pm.

June 03, 2008

Approved Minutes to May 22nd meeting

Town of Varick Planning Board Meeting Minutes

Date of meeting: May 22nd , 2008

Meeting called to order: 7:05pm

¨ Attendees: Bob Kayser(Chairman ), Thomas Bjorkman, Phil Knapp, Frankie Long, Bill Larzelere, Susan Ottenweller, Kevin Swartley , Miles Persing(Code Enforcement Officer)
A quorum was present.

¨ Public Comment: 10 members of the public
Bob McCann from 5168 E. Lake Rd. thanked the Board for putting together a thorough and comprehensive Dog ordinance and presenting it to the Town Board.
Others thanked Thomas Bjorkman for representing the issue to the board in a professional manner.
Others raised the concern if this dog ordinance was the time to address “puppy mills” noting Town of Romulus moratorium on them.
Rick Conley- Complained that he was issued a “stop work order” for putting in his dock and renovating a deck on his lakefront property. Wanted to know why? Felt as though it should be “grandfathered”

¨ April. 24 Meeting minutes approved- With change to spelling of member of public(Denise) Townley, April. 24 minutes approved- TB moved- PK seconded- Voted Unanimous to accept

¨ Planning Board Chair Report

Bob Kayser :
Had been in contact with the DEC about Seawall construction in the Lake zones and was informed that they wanted to know about any seawall construction or renovation and that a permit was required for this work.
DEC was supportive of our code for 720sq ft. maximum size for lake zone docks.
DEC described a method for easy determination of “Mean High Water Mark” to make it easier for Code Enforcement Officer to measure dock square footage.

¨ Zoning Code Enforcement Officer Report

Miles Persing.
Noted that he and Bob Kayser had visited Rick Conley’s disputed dock and deck renovation site and determined that the dock was significantly over the 720 sg ft. size (900 sq. ft total)
Owner- Felt as though it should be “grandfathered”
After discussion on that day, Rick agreed to get the required $25 permit.
During planning board meeting, when pressed by Conley as to why one was needed, Chairman Kayser said the code was clear and that he had taken Rick’s word that he would get the required permit. When he did not, the “stop work order” was issued by Code Enforcement officer.
Rick Conleys objections will go to the Zoning Board of Appeals.

Todd Engles, from the public, wanted clarification on what was meant by the codes requirement for a foundation to frostline for a mobile home. Was informed of method of pouring monolithic cement pad with supporting stone to frostline.

Bert Ingersoll of Rt. 89 had a permit denied for a deck on his house and a vertical extension of his roofline. The issue is scheduled for the Zoning Board of Appeals.

A representative for the Pleasant Valley Mobile Home Park (?name) asked the Board about replacing a 50 foot unit with a 56 foot mobile home as 50 footers are not available . The 56 unit would not meet rear setback requirements. Discussion followed about “grandfathering” and determined that this would not be acceptable. K. Swartley and T. Bjorkman suggested moving unit closer to the internal roadway to maintain required side and rear setbacks. Representative was not satisfied with this and the board suggested that since more units would need to be replaced in the future that he consider coming up with a new layout plan for the park allowing for the larger units. It also needs to be determined if the Mobile Home park is in the Hamlet Zone. The representative agreed to do a new layout and determine if park is in Hamlet Zone.

¨ Dog Control Ordinance Discussion

Chairman Kayser had revised the draft Animal Control Ordinance in response to a request by the Town Board to make it only for dogs and eliminate references to farm animals and cats.

Veterinarian Dr. Art Sherman – attending as a member of public with expertise in Dog Control issues passed out information to Board that was from Article 7 and Article 26 of NYS Ag and Markets Law dealing with control and definitions of animals. Article 26 deals with responsibilities of a “Dog Control Officer” and Shelter Construction” This law is the basis of what is used for animal control in the state.
It was noted by Chairman Kayser that our code was based on this language as well as other Town’s laws and was intended to condense , identify, and clarify issues for Dog control in our Town. Town law can be more strict and specific than Ag and Market law.

Dr. Sherman noted that even though we were talking about dogs, it is required by the State that cats be vaccinated for rabies.

This large portion of the meeting -was devoted to a line by line review of the revised ordinance and its acceptance to be referred to Town of Varick Town Board for discussion, changes, and possible formal acceptance as Town Law.
The main revisions were :
¨ removal of any reference to “animals”, “farm animals” or “pets” and change to “dogs”.
¨ John Vincent will be identified as (Dog Contol Officer) not animal.
¨ Dangerous Dog definition description of “public property” and “rights of way” to verify when a dog “crosses the line” to threaten someone or another dog.
¨ Wild Animal Definition to include coyote, wolves and coy dogs.
¨ Town Board wanted any dog cruelty to be reported to SPCA
¨ Removed any regulation of “farm animals”.
¨ Dr. Sherman questioned construction of dog shelters and noted that this was described in Article 26 353-B of Ag and markets law.
Discussion about Dog Control Officers rights when accessing private property to investigate a complaint or to check dog licenses. If access is denied by the property owner, then DCO retreats and gets a Search Warrant from a Town Judge.
¨ Section 8-B dealing with euthanizing of dangerous dogs that this would be done as a last resort and not a first .
¨ Public comment- that taxpayers should not be financially responsible for fees accumulated during confinement of a dog deemed as dangerous.

¨ It was the consensus of the Planning Board that the comprehensive law be forwarded to the Town Board instead of trying to reduce it and make it simpler. It was noted that this hopefully will minimize the misinterpretation of the laws’s intention in as many cases as possible.

Thomas Bjorkman made a motion that the revised Dog Contol Law be forwarded to the Varick Town Board for their consideration. Phil Knapp seconded the motion. The vote of the Varick Planning Board was to accept the motion unanimously.

New Business Discussion

Phil Knapp Asked that his assignment of a Noise Ordinance be postponed till the next meeting. All agreed.

Chairman Kayser - described a proposed subdivision of a Rt. 89 property know as “Schwietzer-Trombino-Keegan” With Schweitzer selling his property to Keegan and Trombino who would split it between them and create green space between them.
Subdivision was approved unanimously.

Bill Larzelere described a Subdivision, using a survey map drawn by Charles Carroll. The subdivision was requested by Barbara Hammond on Rt 89 which would have a housing lot conferred to a daughter(present at meeting) on the west side of Rt 89 and a 55 foot lot on the east(lake) side for lake access. It was noted that the 55 foot of frontage was too small (100 feet required by code) Reason for 100 foot was to discourage postage stamp sized lots being built on.
Discussion followed with Daughter making the point that there were many small lots less than 100 feet, and they required access to the lake to make the development worthwhile.
Thomas Bjorkman commented that the small lots were all done before 1977 when the Subdivision code was established. He suggested that the 55 foot lot be taken out of the Subdivision request and the lake access negotiated separately with her Mother. This was acceptable and Bill Larzelere will advertize a public hearing for the June 26th Planning Board meeting to formally approve this.

Zoning Code Definitions-
Chairman Kayser- passed out several definitions clarifying language used in the Zoning Code.

Definition of Dock- For the purposes of this code, a DOCK is any structure whether permanent or temporary that extends from the land into the water to provide additional lake access to boats, swimming or any other purpose.

Beginning of Dock- For purposes of measuring square foot area of a dock – any dock constructed shall be determined to begin at the Mean High Water mark as defined by the NYS Department of Environmental Services.

Compliance with County Code with respect to Structures- In keeping with the requirements of Seneca County, all structures whose size is equal to or greater than 144 square feet, whether attached to a home or in the Lake District or elsewhere in the Town shall be subject to a Building Permit.

Seawalls- Provided that appropriate permission has been received from the NYS DEC and Army Corps of Engineers if needed, seawalls shall be permitted in the Town of Varick. Any repair or replacement of seawalls is subject to a building permit and requires approval of the NYS DEC.

After discussion these definition revisions were unanimously approved for use in the Town of Varick Zoning Code.

Next Meeting: (one month) All meetings will be monthly until further notice.

Our next regular meeting will be June 26th at 7:00pm in the Varick Firehall.

Meeting adjourned at 10:30 pm.

Minutes respectfully submitted,
Bill Larzelere- Secretary

May 06, 2008

Approved Minutes to April 24, 2008 Meeting

Town of Varick Planning Board Meeting Minutes

Date of meeting: April 24th , 2008

Meeting called to order: 7:05pm

¨ Attendees: Bob Kayser(Chairman ), Thomas Bjorkman, Phil Knapp, Frankie Long, Bill Larzelere, Susan Ottenweller, Kevin Swartley , Miles Persing(Code Enforcement Officer), Jeff Case (Town of Varick Town Board)

A quorum was present.

¨ Susan Ottenweller was introduced and welcomed as a new Planning Board member. Her contact information is a follows:
Susan Ottenweller
4816 Rt. 89
Romulus, N.Y. 14541
Phone: 315-549-8463

¨ Public Comment: 9 members of the public
Bob McCann from 5168 E. Lake rd. read a statement (statement attached) expressing his opinion about the need for a new Dog Control ordinance.
Dan and Shelley Fletcher of E. Lake rd. added their concern that the increased population density required a new dog ordinance to protect people and pets.
Denise Townley of E. Lake Rd. offered a proposed Dog Control ordinance she put together

Chairman Kayser thanked the public for their comments and concern and assured them that our Board would be working on a new Animal Control Ordinance in this meeting that it would forward to our Town Board for its consideration.

David and Linda Bolluck of 4572 E. Lake rd. presented a letter and documentation from the Sunset Bay Homeowners Association asking questions and expressing concerns about the future of the farmland owned by Howard Smith as he has passed away. The main question being the boards opinion of what would be acceptable housing development of this property when it is sold. (Cover letter attached).

Discussion with the board centered around the status of the property being in the Ag district. The Planning Board referred the Association to the County Ag. Board and to the parts of the new Zoning Code that addressed their concerns for development in the Lake District.

Meeting minutes approved- Feb. 25 minutes approved- TB moved- PK seconded- Voted Unanimous to accept. Feb 28th Minutes approved with Phil Knapps E-Mail corrected. PK moved, TB seconded – Voted Unanimous to accept

¨ Zoning Code Enforcement Officer Report

Miles Persing said permit request activity was strong with 6 approved permits since last meeting and several that were rejected and required work to comply to code.
Discussion centered around docks needing permits and what was acceptable. Miles has had several “issues” with Lakeshore District buildings being outside code and being referred to the Zoning Board of Appeals as per procedure in the Code.

Miles asked for clarification on the where the square footage for docks starts and was informed that it was the Mean High Water mark.

Miles thanked all for their continued help in working through the issues being raised and noted that the new code has increased the public’s awareness and requests for his assistance.

¨ Planning Board Chair Report

Bob Kayser noted required educational opportunities for Planning Board members and commented on the positive experience of the recent training attended in Seneca Falls Rec Center.

Informed the Board that the Sessler Group has asked for another 90 day extension on submitting its plans for Depot development.

¨ Animal Control Ordinance Discussion

Chairman Kayser had authored a Draft Animal Control Ordinance in response to a need recognized by the Planning Board and expressed strongly by the public.

This large portion of the meeting was devoted to a line by line review of the proposed ordinance and its acceptance to be referred to Town of Varick Town Board for discussion, changes, and possible formal acceptance as Town Law. Town Board member Jeff Cases participation and suggestions were very helpful and appreciated.
The proposed ordinance will be posted on the Varick Planning Board web site.

New Business Discussion

Phil Knapp had researched other local town Noise Ordinances and passed out copies of the Town of Romulus and Town of Geneva codes. These will be reviewed by Board members and discussed at the next meeting.

Fine tuning of new Zoning Code

It was noted that the new Zoning Code has language that needs to be clarified and will be done over the next several meetings. When completed, it will all be presented to the Town Board for Public hearing and approval.
Examples being: (not all inclusive)
Beginning of Docks- (Mean High water mark)
Structure for living space- 2 feet above 100 year flood level (but not docks and decks)
Seawall- construction language
Deck size - language

Next Meeting: (one month) All meetings will be monthly until further notice.

Our next regular meeting will be May 22th at 7:00pm in the Varick Firehall.

Meeting adjourned at 9:20 pm.

Minutes respectfully submitted,
Bill Larzelere- Secretary

April 25, 2008

Proposed Dog Law

Residents have recently been asking the town for a local law that is more effective for dealing with dogs that are causing disruption. (See minutes for July 2007)

At the April 24, 2008 regular meeting the Planning Board developed a draft for a new local law to meet that request. The text is available as a PDF file: Proposed Dog Law.

It was forwarded to the Town Board for consideration at their May 6 meeting with the following note from Chairman Bob Kayser:

The Planning Board met last night and did a line by line review of the draft document sent to all of you previously. Jeff Case attended the meeting and was very helpful in guiding our work. We made some modifications to the draft to enhance language, provide further protections to residents, and give clear direction to the Judge on his/her options with particular regard to vicious (dangerous) dogs. What you have here is a document whose language has come from laws already in effect in communities across the state, so rather than re-inventing the wheel, we have taken the best language we could find to meet our needs, and adopted it. It is sent to you with the unanimous recommendation of the Planning and Zoning Board.
I am sorry that I will be out of the country for your May Board meeting, and therefore unable to attend to answer your questions at that time. I am hopeful that a Planning Board member and perhaps Jeff Case can assume that role if needed. We believe this proposed Law gives balanced protection to residents, pet owners and pets alike. Its contents have been tested in other communities and found legal and defensible. Most of all, it eliminates ambiguity about what types of behaviors are expected of pet owners, prohibited by pets, and available to the Animal Control Officer and the Judge. We urge you to thoughtfully review it, make modifications if you feel they need to be made and adopt it for the protection of the Community.

May meeting

Th Planning Board has more business than anticipated earlier. Therefore, a regular meeting will be held on Thursday May 22, 2008.

April 08, 2008

Meetings for 2008

For 2008 the Planning Board will hold regular meetings every other month. Meetings will still be on the fourth Thursday at 7 pm in the conference room of the Varick Fire Hall. The next regular meeting will be April 24.

March 19, 2008

Varick Planning Board Draft meeting Minutes from Feb. 28, 2008

Town of Varick Planning Board Meeting Minutes

Date of meeting: February 28, 2008

Meeting called to order: 7:10pm

Attendees: Bob Kayser(Chairman ), Thomas Bjorkman, Phil Knapp, Bill Larzelere, Kevin Swartley , Miles Persing(Code Enforcement Officer)
Absent: Frankie Long

The December meeting minutes were approved as reported T.B. moved to accept, B.L. seconded
The January meeting minutes were approved as reported T.B. moved to accept, K.S. seconded.

¨ No public Comment

¨ Phil Knapp was introduced as a new Planning Board member. His reason for wanting to be a board member is to protect the rural community way of life we have and not allow development that would threaten that. His e-mail-
¨ Miles Persing was introduced as the new Zoning Code Enforcement Officer- His e-mail-

¨ Chairman Kayser noted that the “Sessler Project” had been pulled back by the Sessler group for a minimum of 90 days. Our Board will not discuss any action until it has been resubmitted to the Seneca County IDA and referred to us.

IDA-DEC-VPB Meeting Discussion
¨ Bill Larzelere noted that the best things that came out of the joint meeting was opening the lines of communication, identifying a DEC contact for permitting concerns (Lisa Porter) and the willingness of the DEC to prioritize its wetland remapping project of the Depot property to review areas identified by the IDA that should be done to move development projects along. The whole remapping project does not have to be completed before development proceeds in the remapped areas. Also noted was the willingness of the DEC to accept (after review) third party wetland remapping investigation. Board Discussion continued with reservations about the worth of third party investigation on improvement of turnaround time and who would pay for this third party.
¨ Board discussed the perceived effect of wetland remapping on ability of affected farmers to farm their land. Kevin Swartley thinking there may be significant impacts and Thomas Bjorkman thinking the effects would be minimal and be able to be negotiated with DEC.
¨ The discussion on choosing SEQR Lead Agency status was very informative and enlightening.

Zonining Code Enforcement Officer Report

Miles Persing thanked the Board for it’s support of him in his new position and agreed to attend our Planning Board meetings in the future.

¨ Two recent Building Permits have been denied because setbacks do not meet the new code regulations. One project is on the lakefront on Seneca Lake East Lake Road. The second is on Rt. 89 and is also on the lakefront (Cayuga). Miles noted that both residents were easy to work with and willing to work with the system. Both have been scheduled to come up to the Zoning Board of Appeals in its March 17th meeting.
¨ Bob Kayser commented this was a good start and thanked Miles for his diligence. He expressed hope that local contractors in the area who would take up projects would be as willing to cooperate with the new code.

Docks and Moorings Committee Report

Bob Kayser reported that the scope has changed a couple times in reference to whether the committee would try to harmonize the docks and moorings code on both lakes or do one and then the other. Originally it was both lakes, then it was just Cayuga , now it is both lakes. The next meeting will be March 26th and he is looking for a Seneca Lake volunteer to represent the Town of Varick.

Planning Agenda for 2008

¨ Revised Code Issue Clarifications: Thomas Bjorkman reported that the Town Board had decided to take no immediate action on the Code revision “issues” identified that our Board agreed to work on to find acceptable language. They would like to let the new code work “as is” for the time being and see if the identified issues become concerns that really need to be addressed.
¨ Town Broadband access: Finger Lakes Technology offered at some point in the future to be able to supply “Wi Fi” to the area. Kevin Swartley offered to ask for clarification from his contacts in FLT.
¨ Wind Power : Bob and Bill discussed the need for studying a code to protect residents from any big wind development issues without being too restrictive to local implementation by residents. It was noted that we are a rural area that could benefit from “small wind” power production.
¨ Noise ordinance: It was noted that both Fayette and Romulus have noise ordinances and would be in our interest to do similar. To do: next meeting look at these two towns ordinances.
¨ Bob Kayser will ask Bob Hayssen: If there are any planning concerns his Board would like to see us work on in 2008.

Next Meeting:

Bob Kayser noted that our Planning Board meetings had been monthly for the past several years to accomplish big goals. Since these have been met, he would like to go back to every other month meetings unless any special concerns arise. It was agreed that this would be the new schedule.

Our next regular meeting will be April 24th,2008 at 7:00pm in the Varick Firehall.

Meeting adjourned at 8:45pm.

Minutes respectfully submitted,
Bill Larzelere- Secretary

March 04, 2008

Draft Minutes to Special Feb 25th Meeting VPB-IDA-DEC

Town of Varick Planning Board/NYS DEC/ Seneca County IDA Meeting Minutes

Date of meeting: February 25, 2008
Meeting called to order: 7:05pm
Location: Heroes Conference room, Seneca County office building

Varick Planning Board: Bob Kayser (VPBchairman), Thomas Bjorkman , Phil Knapp, Bill Larzelere, Kevin Swartley
NYS DEC Region 8 office: Paul D’Amato, Peter Lent, Randy Nemecek, Lisa Porter
Seneca County IDA: Steven Dennis, Patricia Jones

o Guests at meeting: Four members of the public
A sign up sheet was passed around that identified the participants by name, who they represented and contact information. This included the members of the public.

VPB Chairman Bob Kayser called the meeting to order at 7:05pm thanking all for attending. He described the meeting as a “get acquainted and informational” meeting to discuss, history, common interests, concerns, and roles of parties in going forward in future development of the former Seneca Army Depot. Bob noted that no specific projects would be discussed in this meeting.

DEC’s Region 8 Director Paul D’Amato began discussion with an overview of Wetland Remapping in the State, Key points follow:
¨ Wetland mapping is a normal responsibility of his office and noted there are no hidden agendas in the remapping of former SAD.
¨ More priority placed on remapping States wetlands with added staff since Elliot Spitzer administration took over.
¨ Actual redrawing of maps has not begun, but aerial inspection and GIS maps have been used to identify possible increases to the SAD and surrounding areas wetlands. The process would continue with actual “boots on the ground” inspections of the identified areas when spring weather broke.
¨ Inspections and analysis could conclude that the wetlands may be controlled by the Federal government in which case the regulating body will be the Army Corps of Engineers.
¨ DEC criteria for a “wetland” is based on area of more than 12.4 acres, vegetation types and location of streams, ponds, lakes, whereas the Federal criteria can be less than 12.4 acres and based more on the presence and location of “hydric” soils.
¨ Lisa Porter of the DEC Region 8 office will be the DEC contact person for SAD Wetland remapping and permitting for any Depot development initiatives.

Discussion continued with questions to the DEC about the SEQR process and specifically regarding how the DEC sees themselves as the Lead Agency. Key Points follow:

¨ Lead Agency would normally be a permitting authority and be the best suited for the SEQR investigation.
¨ Part 617 section 5 of DEC Document 6NYCRR State Environmental Quality Review defines the process of determining which involved agency will be Lead Agency if there is a dispute among the involved agencies.
¨ The DEC Commissioner will resolve the dispute and use the following criteria as defined in the code sited above.
o “ (a) whether the anticipated impacts of the action being considered are primarily of statewide, regional, or local significance(i.e., if such impacts are of primarily local significance, all other considerations being equal, the local agency involved will be lead agency.”
o “(b) which agency has the broadest governmental powers for investigation of the impact(s) of the proposed action; and”
o “(c) which agency has the greatest capability for providing the most thorough environmental assessment of the proposed action.”
¨ Paul D’Amato stated that the SAD does exhibit unique issues and potentials for bad things to happen to the environment if not managed properly.

Chairman Kayser turned the discussion to the Seneca County IDA role in SAD development, asking IDA Executive Director Steven Dennis to comment.
Following are key points:

¨ The IDA took over responsibility of the SAD by default when no other local or government organizations would when the Army announced the base closure in 1995.
¨ The IDA is a voluntary Board in Seneca County that works hard to make the best choices for development of new businesses in all of Seneca County.
¨ In 1996, the IDA designated 7500 acres in the approximate middle of the Depot as the Conservation/Recreation area. It was thought and discussed that the DEC would take over responsibility of this area but declined to do it.
¨ In 2003 negotiations and agreements were made between the Army and IDA with the Army agreeing to:
o supply security for the Depot until 2012
o maintain the fence until 2012
o manage the wildlife according to the Army’s Wildlife management Plan until 2012
o manage the annual deer hunt until 2012.
¨ Because of delays in the environmental cleanup of the Depot, the above agreements are now pushed to 2015. (The Army still has control of about 800 acres that is under remediation.)
¨ Paul D’Amato (DEC)asked Steve if they could get a copy of the Army’s Wildlife Plan and Steve said yes and would be done.

Steve then handed off to Patricia Jones who has overseen the Depot turnover form an early point in the process. Patricia made the following points:

¨ She started with history of several studies that have been done over the years including the Jeff Donohue Report in 2005 and the Erin Crotty report in 2006. These reports were an attempt to define the best uses for the depot land and facilities and resulted in mapping several areas which would best support the defined uses.
¨ She noted that there was significant opportunity for public input in developing these studies.
¨ The areas were not to be individually fenced but would try to be developed with businesses “collocating” .
¨ Each business would have to agree to uphold and use the Wildlife Management Plan.
¨ The IDA has funds set aside and will contract to have a Wildlife Management Plan done. A proposed plan to be done by Cornell University was too expensive.
¨ The goal is to have the plan done in 2008. Pat asked DEC if they could help in any way and they said they definitely could and supplied the DEC contact.

Question from audience about who owned what property on the Depot.
Pat Jones replied:
¨ IDA ~8000acres , Army~800 acres(includes Airport), Airport will be turned over soon to IDA Prison, Coastguard, SC Prison, Waterdistict ~2000 acres. Hillside property is on a 10 year lease which will more than likely be transferred to Hillside when the lease expires.

Question was asked of Steve(IDA) of the process they follow when a company submits a business plan including the SEQR process. Steve Answered:

¨ The IDA is HIGHLY regulated in performing permitting and SEQR process. There is MUCH oversight from the State. The basic process usually is as follows:
o Application accepted and approved from a client. (This is a process)
o IDA will usually take Lead Agency Role for SEQR because historically, no one else wants it.
o Sends out notification of intent to take Lead Agency to “involved agencies”
o Agencies have 30 days to respond and ask if they can be(if they want to)
o These 30 days are also when Involved Agencies can voice comments or raise concerns about the proposed project.
o IDA will usually grant Lead Agency to a requesting Involved Agency

Steve Dennis asked DEC how the Wetland Remapping will be done and when it would start as this new requirement is holding up development plans for a number of projects.

Paul D’Amato replied that it will be handled internally from their office and will be done as quickly as possible. Spring weather is needed to start the “boots on the ground” process of investigation.

Paul offered to prioritize the mapping process based on which properties were most important to the IDA to have done. He reiterated that development cannot start until the mapping of the wetland for the proposed land is complete.

Steve Dennis asked if the IDA could have Wetland mapping done by a third party and submit to DEC for approval. D’Amato said yes and this would be helpful, but would like to know who would be doing the work.

A question was asked, of DEC, about how the Wetland remapping would affect farming in the area. A couple farms have been notified that they have land (some of which is being actively farmed) that will possibly be declared wetland. Perception is that this land could not be farmed or additional drainage installed and would reduce their income as well as property value.

Paul D’Amato(DEC) replied that the particular farm in question would be notified that they would be “grandfathered” and that if land is being actively farmed it would also be grandfathered. They would not necessarily allow additional “wetlands” to be drained to permit more land being put into farming. It is a question that they are sensitive to and will work with particular situations as they arise.

Bob Kayser then asked Thomas Bjorkman to discuss the Town of Varick’s role in Depot development and any concerns. Thomas has been the VPD Chairman for several years and has been the driving force in the 2005 joint Fayette/Varick Comprehensive Plan and the 2007 revision to the Varick Zoning code accepted by the Varick Town Board on December 27, 2007.
Bjorkman’s key points follow:

¨ The Comprehensive Plan and Zoning code revisions were difficult tasks and received much public input. Both the Plan and the Code reflect the public wishes.
¨ A residents Survey was done as part of the Comprehensive Plan and some of the public sentiments were as follows:
o 63% favored outdoor recreation and tourism, and tourism support business
o 40% supported Agriculture support business in the Town of Varick.
o 30% supported some form of Industrial development for tax base improvement
¨ The intent of the Green Energy zone on the Depot property is for :
o low environmental impact and protection of the wildlife and habitat
o development of renewable energy sources of solar, wind and biomass as well as development of new natural gas exploration.
o these energies would be in support of any development that would require power
¨ He then went to the Zoning Code land use chart and cited many of the public service uses that would be supported on the Depot property as well as campus style business developments, citing the new FingerLakes Technology Data Storage business as a great example of what Varick would like to see developed
¨ Thomas noted that the IDA and Varick code have very similar delineation of property and similar use goals

The meeting seemed to be winding down and Bob Kayser commented on the value of communication meetings such as this one and wanting to keep the lines open. He also thanked everyone including the public for participating.

Paul D’Amato thanked everyone again and asked to be personally informed when viable Depot projects are brought forth so they can plan to quickly get their mapping done.

Meeting was adjourned at 9:05pm

Minutes Respectfully Submitted,
Bill Larzelere VPB Secretary

February 22, 2008

Special Meeting Feb. 25

Monday February 25, 2007
7:00 pm
Heroes Conference Room
Seneca County Office Building

1. Go around the table to explain each organizations' general goals for the part of the Depot property within the Town of Varick.
2. Go around the table to explain each organizations' regulatory jurisdiction in the part of the Depot property within the Town of Varick.

Under Open Meetings Law, this does constitute a meeting of the Varick Planning Board because a quorum will be present and discussing public business. However, it will not take any official action because this is an informational meeting to let the parties get to know one another and their concerns. There will be no opportunity for public comment.

Expected attendees:
Varick Planning Board: Bob Kayser (chair), Thomas Bjorkman, Phil Knapp, Bill Larzelere, Frankie Long, Kevin Swartley
Seneca County IDA: Steve Dennis (ED), Pat Jones
NYS DEC: Paul D'Amato (R8 Director), Peter Lent (R8 Permits), Randy Nemecek (R8 Nat Res Supv)

January 29, 2008

Draft Minutes to January 24, 2008 Meeting

Town of Varick Planning Board Meeting Minutes

Date of meeting: January 24, 2008

Meeting called to order: 7:00pm

Attendees: Thomas Bjorkman (Chairman ),Bob Kayser, Bill Larzelere, Frankie Long, Larry Peterson, Kevin Swartley
Absent: None ( Annie Bachman is now on Zoning Board of Appeals)

The December meeting minutes were not available for approval so approval was tabled until the next meeting.

DEC SEQR lead agency

  • Chairman Bjorkman read a letter he had received from the DEC stating its’ intent to take the Lead Agency role in the SEQR review for the proposed Sessler Development project for the Depot.
  • Restated was the fact that Sessler had put the application “on hold” for 90 days and that no action would be taken regarding SEQR until the complete and revised project was resubmitted.
  • Kevin Swartley stated that a meeting with the DEC, Seneca County, and our Board would be wise and suggested either inviting them to our next meeting or calling a special meeting to talk about the SEQR process as related to the Sessler Project. After Board discussion, it was decided to invite them to a special meeting on February 21st in the county building. Thomas Bjorkman will make the contacts and try to arrange.

    Zoning Code Revision Changes
  • Chairman Bjorkman passed out copies of the new Zoning Code Revision and noted that sections and some language had been lined out after discussion with our Town Board. This language was the parts of the code that the Town Board had questions about and objected to at the time it was presented to them for adoption. The Planning Board had agreed to revisit this language and clarify or change.
  • Chairman Bjorkman’s suggestion was that we develop and define the “intent” of the language recognizing that it was included to reflect the results of the Comprehensive Plan public surveys. Then we would work with the Town Board to develop wording that addressed the concerns.
  • Section 309.2 “A” Unregistered Vehicles: discussion of the intent was about the need to control the unsightly accumulation of unregistered vehicles and/or junk cars on properties. Our existing code has a Junk Car ordinance.
  • Section 501.2 – Non-conforming uses in Lakeshore Zone- discussion of the intent was to make sure an acceptable operation of a grandfathered business was not turned into and unacceptable operation when the business changed ownership. This could happen by increasing the footprint of the business “sprawl”, unacceptable increase in traffic based on the road conditions and/or residential character, etc. Renovation and improvement of the non-conforming business would be encouraged.
  • Section 309.2 “B”- Unused Farm Equipment- discussion of intent was to control equipment “junkyards” rather than a few pieces of unused equipment in a persons hedgerow.
  • Section 309.4 “D” and 309.5 “E” Parking of tractor trailor trucks in Lakeshore and Hamlet Zones- discussion of intent was to provide for a quiet neighborhood without restricting a persons ability to make a living. It was noted that the existing language does not exclude them, but allows for a Special Permitting process for them to park in these zones. The permit and process needs to be defined and a time limit for the permit included in the definition. Part of the process may include acceptance by the neighbors.

Section 310.3 One bay firehouse in Lakeshore Zone.- Discussion of the intent was for safety of public when operation of the trucks on a road that was not designed for large trucks traveling at higher speeds. It was recognized that a firehouse nearby is an asset to an area. If a firehouse needs to be built, all siting options should be investigated considering all the publics safety.

Plans for 2008

Chairman Bjorkman presented a few ideas for discussion for 2008

· Noise Ordinance

· Discussion with IDA about businesses that would enhance the community and developing a closer working relationship.

· Encourage Broadband Internet access in the Town

· Bob Kayser- Wind Generator ordinance that would address safety concerns without being overly restrictive.

Planning Board Reorganization

  • Chairman Bjorkman noted changes to the makeup of the Board.

    Annie Bachman will now be on the Zoning Board of Appeals
    Larry Peterson will leave the Board as his term expired and does not wish to continue.
    Kevin Swartley submitted his name to be reinstated for another term
    Thomas Bjorkman wishes to “pass the gavel” of Chairman but remain on the board.
    Two new positions will be open for appointment replacing Larry and Annie.
  • Chairman Bjorkman moved to thank Larry Peterson for many years of service and a job well done- Bob Kayser seconded- Motion passed unanimously with gratitude from all.
  • Chairman Bjorkman moved to appoint Bob Kayser the new Chairman. Frankie Long seconded- Discussion followed including possibly waiting for the new Board members to be appointed. Vote- passed unanimously - The gavel was passed to Bob for the rest of the meeting and beyond.

    Next Meeting:

    Thomas will try to arrange a February 21st meeting with the DEC, Seneca County, and our Planning Board concerning the SEQR Lead Agency role for the Sessler proposal.

    Our next regular meeting will be February 28th at 7:00pm in the Varick Firehall.

    Meeting adjourned at 8:45pm.

    Minutes respectfully submitted,
    Bill Larzelere- Secretary

January 06, 2008

Date of meeting: December 27, 2007

Meeting called to order: 7:00pm

Attendees: Bob Kayser (acting chairman), Annie Bachman, Bill Larzelere, Frankie Long, Larry Peterson, Kevin Swartley
Absent: Thomas Bjorkman (Chairman)

o Guests at meeting: Four members of the public

Acting Chairman Bob Kayser called the meeting to order at 7:00pm describing the meeting as a “special” meeting to discuss 1 agenda item. The Town of Varick Planning Boards possible acceptance of Lead Agency status in the SEQR process for the proposed “Sessler Depot Development Project”. He stated there would be no discussion of the merits or lack thereof for the project itself.

  • Seneca County has deemed the project requires a type 1 SEQR evaluation.
  • Because of the project submittal date, January 10th 2008, is the final date for a Lead Agency to be declared for the SEQR process.
  • The two “involved” agencies have been identified as the Seneca County IDA and the Town of Varick Planning Board. The Planning Board is “involved” because of the recently passed Zoning Code amendments that require a Special Use Permit for the Conservation and Green Energy Zone on the former Seneca Army Depot that Sessler Co. proposes to use for their project.
Discussion followed about the reasons for or against being the Lead Agency and the workload involved.
  • Bob Kayser said that if our Board is the Lead Agency, we will be able to hire experts to clarify any issues or perform studies required to be able to properly evaluate the project. The costs for the experts would be borne by the project applicant. There are limits to these costs which will be determined.
  • Carol Richardson (guest) stated that she was at the County Supervisors Committee meeting chaired by Dave Kaiser and they did not act on Sessler’s request for a 90 day extension of the project evaluation phase to allow time for public input at several proposed meetings to resolve many publicized objections to the project.
  • Bob Kayser said that our Planning Board SEQR evaluation would begin when the final project was presented to us with any changes after any proposed extension period.
  • Kevin Swartley stated that our Board members should not actively participate in any of the public meetings because of a conflict of interest and the need for us to be objective in the SEQR evaluation. All agreed.
  • Bill Larzelere stated that in his opinion, the public input meetings and extension period was a good idea and would probably make the Boards SEQR evaluation job easier because the plan would come to the Board in a more complete and widely accepted form.
  • Annie Bachman informed the Board that she will be leaving the board because of time constraints with business and family. She may continue community service on the Zoning Board of Appeals. She stated her Planning experience will be an asset to this job and she will be able to schedule the fewer meetings. All agreed she will be missed and thanked her for her service.
  • Frankie Long made a motion that the Town of Varick Planning Board accept the Lead Agency role in the SEQR evaluation for the upcoming Sessler Depot Development Project. Bill Larzelere seconded the motion. Motion passed with 5 in the affirmative and 1 abstention.

Motion to close meeting from Larry Peterson,
Seconded Frankie Long

Motion passed and meeting was closed at 7:40pm.

Minutes respectfully submitted,
Bill Larzelere- Secretary