Town of Varick to hold Public Hearing on Short Term Rental Janury 6, 2022

The Town of Varick Planning Board Subcommittee on Short Term Rentals will hold a public hearing to gather information on how short-term rentals fit within the town of Varick’s future on January 5^th at 6 pm at the Varick Volunteer Fire Department, 4682 Route 96A, Romulus.

A Public Hearing, as defined by New York State, is an official proceeding of a governmental body or official during which the public is accorded the right to be heard on a designated topic.  In this case, the topic is Short Term Rentals (also known as vacation rentals) in the town of Varick. 

 

The Town of Varick includes a few miles of lakeshore on the east side of Seneca Lake and the west side of Cayuga Lake, a section of the former Seneca Army Depot, and agricultural areas between the lakes.   See Official Zoning map of Varick at: http://varicknewyork.com/PlanningBoard/Codes/VarickZoningMap.pdf 

 

For those interested in providing their views about short term rentals in the Town of Varick but unable to attend in person (and masked as required by New York State) on January 5th, please send comments about short term rentals to the Subcommittee via email at:  str@varicknewyork.com or by sending a letter via United States Postal Service to Short Term Rental, c/o Town of Varick, 4782 Route 96, Romulus, NY 14541. 

The planning board's discussions to date can be found in the searchable minutes. 

Varick Planning Board November 18, 2021

 Varick Planning board minutes

November 18, 2021

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

Absent Hershey Sensenig. 

Guests: Mark Lin, Jason McCormack, Cindy Lont, Celia Flynn, Harriet Haynes

 

Minutes for October (by Burling). 

Moved Freier. Second Mastellar. Approved 6-0

 

County Planning Department update.

Introduced Celia Flynn. New Planner with Seneca County Planning Department.

Harriet Haines (Senior Planner with Seneca County) discussed the Memorandum of Understanding with the county which is based on NYS General Municipal Law.  

A few things have been changed for the next round

§  Many cases of farms being divided into house and fields. Fewer of these subdivisions need to go to county. 

§  SPR for short-term rental. Local inspections often call for adequate water, sewer and parking. 

§  Need to submit 8 days before their meeting. (Need first Wednesday of month.)

Senior Planner Haynes provided additional information. 

The County Planning Board needs to fill some vacancies. There was no quorum at last County Planning Board meeting due to those vacancies. One at-large seat is vacant (ex. Waterloo). Seats are designated for various roles in community as well as town of residence. 

A reminder regarding notifications. 

After we take final action on a subdivision or special use, notice should go to county planning. 

Notification of our public hearings for actions within 500 ft of the town line should go directly to the Fayette or Romulus clerks in addition to the notices published in the newspaper. 

Resolution:

The Varick Planning Board encourages the Town Board to sign the memorandum of understanding with the County Planning Board.

Moved by Björkman, Second by Long. Passed 6-0

 

There will be a public hearing on Seneca County’s Agriculture Plan in January. 

Most of Varick is an Agricultural District and is affected by this plan and associated regulations. The boundaries of the Agricultural Districts used to cross parcel lines. Now whole tax parcels are in or out of Ag Districts, so some boundaries may have changed from years past. This change is particularly significant with large parcels near the lakes that include substantial non-agricultural uses and the residual land may or may not be in agricultural use. This Planning Board is mainly affected because an Agricultural Data Statement needed for actions within 500 feet of an active agricultural operation.

We should get a copy of the current ag district map from Harriet. 

The county strives to remove “inactive agriculture” from the district (while also encouraging agriculture to thrive.)

 

Lafferty Subdivision 

The Varick Planning Board accepted a preliminary plat to Divide parcel 10-3-26 of 4.274 ac at 714 Deal Rd. into two parcels, retaining a corner of 1.8 ac.  The narrowest point is 175 ft. Applicant provided a SEQR EAF and Ag Data Statement and a detailed survey map. 

Moved by Björkman, Second by Burling. Passed 6-0.

We will schedule a public hearing.  

 

Backlund property project

Prospective buyer Mark Lin and Engineer Jason McCormack discussed an updated plan to get planning board thoughts. 

The current version would have townhouses while keeping the parcel intact. Full build out would have three sets of townhouses with each set comprising four three-dwelling structures (36 dwellings total). The landscape would be improved and managed by the property manager. 

This design would allow for substantial septic facilities. Engineer McCormack designs many septic systems in challenging sites in the county, and thinks this site is highly suitable.

The private road serving the town homes would be built to town-road specifications so that emergency vehicle access is good, maintenance is effective and—while not envisioned—it could become a Town-owned or Town-maintained road at a future date.

Celia Flynn offered to review our code with this project in mind. It would be subject to Site Plan Review at a minimum since it doesn’t fit precisely into an existing category but is also not prohibited. 

The project could be done in phases as buyers are identified, but under a single use permit. 
For something like this, a non-completion bond would likely be a requirement in case of an unexpected suspension of activity.

 

Trainings. Upcoming trainings cover Solar energy and Site Plan Review. There was one on Short Term Rentals that Mastellar participated in last Saturday. 

State Department of State is keen to help with trainings.

 

Short-term Rental Subcommittee.  The subcommittee consists of Cindy Lont, Lauren Burling and Linda Mastellar, and more may be added. They will meet approximately weekly to develop a proposal. 

The meetings will be open, but they will not take public input during those meetings. They may invite resource people to participate. 

The committee can be reached at a custom email address: STR@varicknewyork.com

 

Adjournment moved by Burling, second by Björkman. Passed 6-0.

Adjourned at 9:17 pm

 

Varick Planning board September 23, 2021

 Varick Planning board minutes

September 23, 2021

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

Absent Hershey Sensenig. 

Guests: Cindy Lont, Mike Karlsen, James Foggo, Aaron Stevens, Gerry Willower, Eric Backlund

Called to order. 7:04

Minutes for August. Moved to accept Freier, Second Burling (Approved 6-0)

Public hearing on Willower-Colarco subdivision

Opened 7:06

Applicant presented information. No public comments.

Hearing Closed 7:14 Moved by Björkman, Second Olsen. Approved 6-0.

 

Resolution

The Varick planning board issues Final Approval of the Willower-Colarco subdivision. This action moves the lot line lot 01-4-13 4831 East Lake Rd (Colarco) and 01-4-12 (Willower). The move will square up the lot line by moving it 12.2 feet at rear of the lot, and 0 ft at the road, for approximately 250 ft. The resulting lots will be ~168 ft and ~112 ft in the rear. 

The applicant supplied an Agricultural Data Statement. The board finds that there will be no impact on adjoining agricultural uses because the land use will remain agriculture. 

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

The application was not reviewed by the county planning board because it is exempt. 

Moved by Björkman, second Long. Approved 6-0.

Public hearing on Backlund Trust Subdivision

Opened Public hearing at 7:25

Applicant described the plan. 

Aaron Stevens, buyer, clarified that his current property and the adjacent one that he is buying align at the back. There is not extra agricultural land that would be removed.   

Close Hearing. Moved by Björkman Second Olsen 6-0 Closed at 7:37

No action was taken because the survey map was not completed. We anticipate that the board will consider accepting the preliminary plat at the October meeting. 

 

County memorandum of understanding. The County Planning Department requested comment on the Memorandum of Understanding on actions exempt from review by County Planning Board. They are preparing to review and revise it. Our suggestions are: 

·      For residences consider changing “family” to “household”, as we did in our code. 

·      For lot line moves, consider a slight increase from 20 feet, since that standard only applies when the lots widths and setbacks from buildings are significantly larger than the minimum.

·      For the minor subdivision, using two years with no harvested crop appears to be a short time for determining whether agricultural use has ceased permanently.

 

Short-term rental discussion. Olsen reported on his conversation with Nancy Murray of Fayette. Fayette has issued 22 repeat permits and 3 new ones in 2021. There have been several applicants who started the application process. Some are still pending. Some applicants abandoned the application because they have insufficient septic. 

The impacts on the Town of Fayette include more work for the Town Clerk and Code Enforcement have more uses. Limited labor.  They have also found more permits to prepare homes for rental purposes. 

No short-term rental applications are away from the lakeshore in Fayette. Therefore, this issue is likely to be specific to our Lakeshore Residential District, where preventing further congestion is a primary planning objective.

Resident Foggo commented that the proliferation of short-term rentals completely changes the character of the neighborhood. And is also concerned that more short-term rentals are being rapidly developed, especially by developers and property companies using them as a wholly commercial use. 

Resident Lont emphasized concerns that remain to be addressed and were not acceptably handled on East Lake Road in 2021. Renters did not have an appropriate way to leave trash and recyclables when they left. Renters trespassed, especially on lakeshore and docks, but also in fields and bothered domestic animals. Some rentals had more people than they could appropriately handle, which led to unacceptable noise, trash and parking.

Several questions were identified that we need to address in the next meeting: 

·      Do we let it be known that short-term rentals are not permitted, and that existing uses will not be grandfathered when the law is passed? That is, all short-term rentals that are currently operating will be required to comply with all the restrictions. The inability to contact the manager was particularly frustrating.

·      This board should determine the appropriate line between a vacation-home owner who occasionally rents out their house, and the short-term rental owner who occasionally stay at their rental property. There is a lot of financial pressure on long-time owners to rent to cover the rising property taxes. The former use is generally considered appropriate, where the latter degrades quality of life for permanent residents. 

·      The complaint process for neighbors must make rental managers accountable for the behavior of their tenants, while not making the process a vehicle for inappropriate neighbor animosity. This balance is also important if the permit is contingent on having approval from neighbors as a means of controlling density and congestion. 

·      All permits must be listed with contact information that always works. 

 

Adjourn.  Moved by Burling, second by Freier. Passed 6-0

Adjourned 9:03

Varick Planning Board October 28 2021

 Varick Planning board minutes

October 28, 2021

Present: Linda Mastellar (chair), April Freier, Lauren Burling, Rich Olsen,

Absent Thomas Björkman, Frankie Long, Hershey Sensenig 

Guests: Cindy Lont, Eric Backlund, Dan Toner, Kim Parella, Tony Parella, Nick Davoli, Jason McCormick, Mark Lin 

Called to order. 7:04

Minutes for September 2021. Moved to accept by Olsen, Second Freier (Approved 4-0)

 

Backlund Trust Subdivision

 

Summary of discussion

A public hearing was held on Sept 23, 2021. Not substantive issues have arisen in the meantime. The final survey map is consistent with what was presented. 

Resolution

The Varick planning board issues Final Approval to divide lot 5-1-13.1 at 4608 route 89, comprising approximately 50 acres into two parcels of 6.5 ac and 43 ac. Each property will have 215 ft frontage. Narrowest point is over 150 ft. Applicant provided a SEQR EAF and Ag Data Statement and a survey map. 

 

The applicant supplied an Agricultural Data Statement. The board finds that there will be no impact on included and adjoining agricultural uses because the land use will remain agriculture. 

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

The application was reviewed by the county planning board. The County Planning Department was concerned that some agricultural land behind the house remain with the residential house. However, the County Planning Board did not include that recommendation.  The County Planning Board considered that and recommended that the application be approved contingent on completion of the survey map and that setbacks are met.  

 

Moved by Burling, second Freir. Approved 4-0

Lafferty Minor Subdivision

Summary of Discussion 

An initial discussion was had regarding the subdivision of Lafferty Property at 714 Deal Road into an approximate 2.63 acres and 4.1 acres. Assistance with application was requested and brief discussion was had regarding whether this would be a subdivision or a lot line move. The applicant offered an initial Agricultural Data Statement and Environmental Assessment Forms for review, which are not ready to be submitted. Parella will be the applicant. Lafferty is the owner.  Lot 10-23-26. Applicant advised to specify owners across the road on the application as well as who owns the agricultural properties in the area. Advised to include parcel number on application. A public hearing will be scheduled for December once survey maps are obtained.

Backlund Property “Project”

Summary of Discussion

4608 State Route 89. Drawings offered for discussion by Lin and McCormick. Considering a design of one parcel as a housing development (36 homes); Townhouse approach instead of single-family homes. “Upscale” houses approximately 1900-2500 square foot homes with attached garages. They wish to attract people that want to live here during the summer and travel during the winter, may attract some people that live here year-round but this is not their target population. 500 Feet back from the road. Advised that the planning board needs to review current code before saying one way or the other if this would be approved.

Vacation rental regulation process

Summary of Discussion

Need to set a date for a public hearing and post this in the community; must include e-mail address & usps address to receive feedback. Discuss with Donna Karlsen to have this posted once the sub-committee creates these items. 

1.)  First step is to create a sub-committee 

a.)   November meeting will clarify and define the role of the sub-committee

b.)  Sub-committee to create e-mail address

c.)   Gather and analyze information that will inform the development of short-term vacation rental code & policy

d.)  Sub-committee will be a public meeting that is posted. Frequency of meetings, dates and times to be determined by sub-committee members. 

e.)   Planning board members should let Linda Mastellar know by November 5th if they would like to be on the sub-committee

Burling created a motion to develop a sub-committee, second by Mastellar.

Other notes

Rich Olsen provided his resignation effective at the end of the December meeting. Rich will let Donna Karlsen know.

 

Adjourn.  Moved by Burling, second by Freir. Passed 4-0

Adjourned 9:07e

Varick Planning board minutes August 26, 2021

 Varick Planning board minutes

August 26, 2021

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

Absent Hershey Sensenig. 

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

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

Welcome to new members Lauren and April.

Colarco Subdivision. 

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

Moved Björkman, Second Long. Approved 6-0.

Backlund trust Subdivision

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

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

Moved Björkman, Second Long. Approve 6-0.

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

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

Short-term rental

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

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

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

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

Adjourn Moved Bjorkman, Second Mastellar Adjourned at 9:05

Varick Planning Board July 22, 2021

 Varick Planning Board

July 22, 2021

 

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

Absent: Hershey Sensenig ,one vacancy

Guest: Cindy Lont.

 

Called to order at 7:01

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

 

June minutes were not ready. 

 

Short term rental discussion continued. 

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

 

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

We will work on a license template in August.

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

 

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

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

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

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

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

            Link to the rule on the Varick website.

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

 

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

 

Varick Planning Board May 27, 2021

 Varick Planning Board

May 27, 2021

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

Called to order at 7:01

Approval of Minutes from April 22, 2021

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

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

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

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

Adjourn Björkman, Second Long, Approved 6-0

Adjourned 8:33

 Varick Planning Board

April 22, 2021

 

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

 

Called to order at 7:11

Approval of Minutes from March

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

Public hearing for Parella subdivision.

Hearing opened 7:12. 

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

Hearing closed 7:15

Resolution: The Varick Planning Board issues final approval for a lot-line move to take 2.09 acres from Lot 10-3-26 (Lafferty) to lot 10-3-25.3 (Parella). The frontage and narrowest part of the remaining part are 561 feet. 

 

The applicant supplied an Agricultural data statement. The board finds that there will be no impact on adjoining agricultural uses because the land use will not change and is not currently agriculture. 

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

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

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

Approval of Minutes

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

Discussion of definitions in zoning code.

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

 

 

 

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

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

Define Household as follows:

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

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

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

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

Define Structure as follows

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

Define Building as follows:

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

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

 

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

 

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

Adjourned 9:07

Varick Planning Board March 25, 2021

 

Varick Planning Board

March 25, 2021

 

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

Approval of Minutes from February

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

Stolzfus-Fisher subdivision.

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

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

Public hearing closed at 7:18

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

The applicant supplied an Agricultural data statement. The board finds that there will be no impact on adjoining agricultural uses because the land use will remain  agriculture.

 

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

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

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

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

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

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

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

Discussion of structure definitions.

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

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

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

Adjournment.

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

Varick Planning Board February 25, 2021

 

Varick Planning Board

February 25, 2021

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

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

Called to order 7:01 pm

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

 

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

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

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

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

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

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

 

Moved by Olsen, Second by Sensenig Approved 5-0

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

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

 

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

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

Adjourned at 9:15 pm

 

Varick Planning Board January 28, 2021

 

Varick Planning Board

January 28, 2021 

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

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

Called to order 7:08 pm

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

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

No comments received.

Public hearing closed at 7:13.

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

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

The applicant supplied an Agricultural data statement. The board finds that there will be no impact on adjoining agricultural uses because the land use will remain in agriculture. 

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

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

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

 

Moved by Olsen Second by Hermann  Approved 5-0.

 

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

 

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

The applicant supplied an Agricultural data statement. The board finds that there will be no impact on adjoining agricultural uses because the land use will remain in agriculture. 

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

The county Planning Board reviewed this application and recommended approval.

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

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

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

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

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

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

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

Adjourned at 8:49