January 17, 2010

Approved December 17th Meeting Minutes

Town of Varick Planning Board Meeting Minutes

Date of Meeting: December 17th, 2009

Attendees: Thomas Bjorkman, Todd Horton, Phil Knapp, Bill Larzelere, Linda
Mastellar, Bill Squires
Absent: Kevin Swartley

Meeting called to order at 7:05pm

Old Business:
Bill Squires moved to approve minutes from September 24th 2009 meeting. Phil Knapp seconded the motion. Vote: unanimous to approve motion

Discussion of new Zoning Code Changes:

Bill Larzelere had attended a Town Board meeting on December 1st to document and answer questions the Board had about the Zoning Code changes. Bill had a list of the questions and the remainder of the Planning Board meeting was spent discussing clarifications and changes to the code. The following are the Town Board Questions and the Red(italics) font clarifications and proposed changes from discussion of the Planning Board.

Page11- Definition of Winery Tasting Room Dick Peterson questioned why “for off premises consumption” was in the definition. He suggested that many wineries have outdoors tables and patrons may want to have a glass of their purchased wine at the tables. Suggested leaving off “for off premises consumption.”

The Planning Board suggested that being outside of the tasting room, would constitute being “off premises”. Also we will add “whose primary business is for wine sampling for the purpose of sale for off premises consumption.” The Board wants to be consistent with the provisions in the definition of a Bar to separate the two.

Page15- 306.3 Lake District - Where did 16 feet above 100 year flood line come from for Main structure maximum height? Is this necessary?

Board discussed possible confusion of the term “Lake District” and “Lakeshore Residential”. We will change the Lake “District” to “Lake Water District”. The 16 feet above 100 year flood line is in place to limit the height of decks or structures in the water along the shore that would detract from a neighbors view of the Lake.

Jeff Case asked if we should harmonize how Dock area is measured with DEC method of including the water area in a rectangle from the end of an “ell” or “T” to the shore.
John Saeli said the Docks and Moorings Committee for the two lakes told their Board that they will be “suggesting” policy and not mandating when their work is done.

The Planning Board would like to wait for the Docks and Moorings Committees recommendations before attempting to harmonize.

Page 17- Use Table - Dick Peterson thought not allowing multifamily homes in Lakeshore Residential was restrictive.

Definition: Dwelling, multi-family: one or more dwellings located on a single lot or on contiguous lots with common ownership, providing separate dwelling units for 3 or more families, including condominiums and cooperative apartment’s buildings.
Issues for this large of a facility that would be a problem in this Zone would be, Noise, Parking, Infrastructure (water,sewer)

Dick and John asked why there was no provision in the code for Marinas in the Lakeshore Residential. Also why is there no recreational water equipment rental provision?
Noise, Parking, Infrastructure (water,sewer)

Bill explained that there was minimal land for a marina in the Town and equipment rental concerns were noise, parking, and lighting. Rentals are allowed in other areas to then take them to the lakes. Marinas, if proposed, would have to comply with many other regulations ie; DEC, and Army Corps regulations.

Page 20 - Dick asked why Private Group Instruction for more than 30 was not allowed in Lake Shore Residential (example Mormon Camp).

The Mormon Camp Instruction facility is not in the Lakeshore Residential. Again, proper site size to accommodate parking, noise, infrastructure (sewer, and water) without disruption to residential neighborhood.

John suggested an educational camp could go in the Conservation and Green Energy zone.

This would be more appropriate in the Small Business Park which is adjacent to the Conservation and Green Energy Zone.

Page22- John suggested a Cooperative Winery Tasting Facility could be put in the Small Business Park.

The Use Table for “Winery Tasting Room” is meant to use the Winery Tasting Room definition, which is designed more for Farm Wineries. If a Cooperative Wine Tasting Business wanted to be in the Small Business Park, this could be considered, as any business would be for this Zone.

Dick commented that most Wineries have warehousing on site and the definition may need to be modified to clarify.

In the definition for Warehouse, the “principal activity is the storage of merchandise or materials for others” would disqualify winery facilities’ warehousing for their business inventory as a warehouse in the use table.

Page24- Drainage Plan- Jeff Case asked if a CEO would necessarily be qualified to review a Drainage Plan. Bob Hayssen commented the Town does not have an Engineer to review these plans. The County may be brought in. Who prepares the Drainage Plan? Any professional costs should be part of the permitting fees. Some clarifications are needed.
The below is suggested clarifications of the requirements for a Site Drainage Plan.

“A Site Drainage Plan, which shall include (at minimum); site plan, slope percentage, existing and proposed drainage patterns and methods for controlling runoff, shall be required for all new construction and/or “significant regrading” defined as ; a disturbance of soil greater than 500 square feet and is within 300 feet of a lake or watercourse.
A “Site Drainage Plan” shall be submitted to the Code Enforcement Officer as part of the Zoning Compliance Permit. The CEO, will evaluate the plan and approve it by a checkbox on the application if he/she deems the proposed written plan is sufficient. A copy of the Site Drainage Plan shall be maintained by CEO. If he/she has concerns about the Plan or needs further details, the CEO shall refer the applicant to the Town Planning Board. If the Board cannot be satisfied, the applicant will be directed to hire a Professional Engineer, at the applicant’s expense, to prepare a complete Site Drainage Plan and then resubmit to the Planning Board. Circumstances that may require a Professional Engineering Plan may include, but not limited to, if there are wetlands involved, the building site is on a slope greater than 5% or there is a large drainage area above the building site that may direct large amounts of water towards the building site.”

Page 24- 309.2 There was comment about Fences from a Town resident that thought the law was too restrictive and should be a matter between neighbors. The town attorney said there some Towns that treat fences as a negotiated issue that was put into the deed to the property.

Fences between properties on the property line are a documented negotiated item during the process of the sale of the property by the lawyers. Otherwise this seems to be a reasonable set of rules for neighbors to use when designing a fence.

Page 29- 310.2 Travel Trailer - Dick Peterson commented that there were many Town residents that were not happy with this language. Feels it is too restrictive to homeowners that have these vehicles and can’t put them out of sight. What are we trying to accomplish? Bill commented that we are trying to restrict derelict trailers and people living in them as permanent housing which most are not designed for.
There was a suggestion that we could require them to be licensed and registered.
There was much discussion about this and clarification is suggested between occupied and unoccupied. Wording of the conditions was seen, by the Planning Board, as confusing, but not restrictive. Below will be the suggested changes.

310.2 Travel Trailers, motor homes, campers, or similar vehicles may be parked or located overnight within the Town if they meet shed side setbacks (5 feet) and any of the following:
A: On the property of the owner and
1. If used as a permanent seasonal residence, setbacks for structures under 200square feet must be met (5feet) as well as provisions in paragraph 310.5 concerning proper tiedown and skirting, and placement on a pad.
2. May not be used as permanent year round housing
(See definitions below)
B. In a Travel Trailer Camp

C. On the premises of a travel trailer sales or rental establishment

D. If occupied with property owners permission, and for no more than 21 days in any calendar year or if it is the only travel trailer on the parcel, no more than 120 days. After the appropriate time periods above, a permit will need to be applied for through the Code Enforcement Officer. The permit may be issued if the travel trailer has adequate power and water and it discharges waste to a sanitary sewer. Should not be placed where it impinges on the neighbors’ privacy. If the permit is denied, it will be presented to the Zoning Board of Appeals.

If unoccupied and with the property owners permission, then must meet side setbacks and limited to one per property- no permits will be required.

E. It is stored in a building

Definitions for this conditional use in paragragh A :
Permanent year round housing: occupied more than 8 months per year
Permanent Seasonal Residence: parked on property over 8 months per year and
Occupied up to 8 months per year

Page 45- Language should be that the Certificate of Occupancy should be issued by the County not the CEO and then possibly just verified by CEO.

The Certificate of Occupancy that our Code Enforcement Officer issues is a certificate that confirms that all of the provisions of the Code have been adhered too. The County COO is to assure that all applicable building inspections have been done and passed.

Next Steps: The Town Board will have to discuss our answers and vote to accept the Planning Board Zoning Code Changes or ask for more clarification. If they accept the changes, they will then have to schedule a Public Hearing of the Zoning Code changes and at that Public Hearing vote to accept or reject the Town of Varick Zoning Code as revised.

Next Regular Meeting Date: January 28th, 2010 Varick Firehouse at 7:00pm.

Meeting adjourned: Bill Squires moved to adjourn the meeting. Phil Knapp seconded and the meeting was closed at 9:15 pm

Minutes Submitted By: Bill Larzelere (Secretary)