August 28, 2022

Varick Planning Board minutes July 28, 2022

Varick Planning Board minutes

July 28, 2022

Present: Linda Mastellar (chair), Cindy Lont, Lauren Burling, April Freier, Frankie Long, Thomas Björkman (Secty) One vacancy. 

Guests: Neil & Lisa Olver. Jim Foggo, Steve Marsh, Tony Parella, Mike Karlsen.


Called to Order 7:03 pm


Minutes for June

Approval moved by Burling, second by Lont. Approved 6-0 

Public comment

David C. Swanson, Rt. 89

The condominium project proposed by Mr. Lin at 4608 State Route 89 has several aspects that concern Mr. Swanson, a neighbor. 

  •       Fifteen duplex condominiums does not fit the “Rural residential” character of the LR District.
  •      Farmland will be converted to residential use, a conversion that is explicitly discouraged in the Zoning Code
  •      The access road will pass through a designated wetland
  •       The number of septic systems proposed would result in an increased load to Cayuga Lake, a short distance downslope.

Lafferty- Parella lot line move. With the pervious lot line moves filed with the town, we agreed to move ahead with this application.

 

Resolution: We accepted a preliminary plat for a lot-line move to take 1.023 acres from Lot 10-3-26.1 (Lafferty) to lot 10-3-26.2 (Parella). The move involves no frontage on the road and all dimensions are over 100 feet. We received an application, Agricultural Data Statement and short Environmental Assessment Form. 

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

Update on Short Term Rental Code.

The STR committee made a few clarifying changes to the last version, and provided that version to the Town Board for their meeting on July 19. 

The code was approved at special Town Board meeting on July 19. The legislation was filed with the State and is expected to be in force by August 15. Björkman will post the new Zoning Code on the Town website.

The Town board also agreed to provide administrative support for STR applications, and a job has been posted.

The Special Use Permit Moratorium was also renewed at the last town board meeting until August 15th

Limiting to two STR permits per owner is possible according to counsel.

Administrative support. 

The planning board will have support from attorney Wendy Marsh, for STR administration, the next round of code revision, as well as for the Lin Project on Rt. 89. We have no direction from the Town Board on the last issue at this time. Marsh met with Supervisor Hayssen, Clerk Karlsen and Planning Board members Mastellar and Lont to review major issues. 

Review of Fees. 

Resolution:

The Varick Planning Board proposes to the Town Board adopting the following fee structure. 

Special Use Permit                                                                                             $100

Short Term Rental Application (includes first year if approved)                       $500

STR Annual Renewal                                                                                         $250

Lot Line adjustment                                                                                           $100

Site Plan Review                                                                                               $100

Major Subdivision (preliminary plat) (5 or more lots)             $250 plus $50 per lot

Major Subdivision (final plat)  (Five or more lots)              $1000 plus $100 per lot 

Minor Subdivision (up to and including 4 lots)                       $250 plus $50 per lot

Moved Lont. Second Björkman. Approved 6-0.

[Note: the Town Board adopted these new fees on August 2, increasing the Special Use Permit fee to $250.]

Olver Major Subdivision.

The preliminary plat for this subdivision was accepted at the May planning board meeting. A Final Plat application needs to be filed within six months of that acceptance. The applicants, Neil and Lisa Olver, attended to discuss the likely requirements in that application.

Seneca County Soil and Water marked the high-water mark. That location is important to determining the eastern limit of structures on the lake side of Rt. 89.

The applicant provided a completed survey map showing the lot lines. The Board felt that the location of the lines was good, and that the application details can be developed based on this survey map.

The applicant provided Agricultural Data Statement with the Preliminary Plat that is satisfactory for the Final Plat application.

We anticipate that this subdivision will be classified as an “unlisted action” for the State Environmental Quality Review, so the short Environmental Assessment Form will be sufficient.

In order to complete the application, the following information will be needed of those listed in Article V Section 4 of the subdivision code. 

·      A letter from the Town of Varick indicating that the new lots can tie into municipal water from Varick Water District #4.

·      Confirmation from the Seneca County Health Department that each new lot has the capacity for a septic system. All septic systems must be west of Rt. 89.

The board discussed how to describe a building envelope on the lake side that will preserve essential natural features, such as the open nature of the lakefront. An effective approach would be a maximum building envelope, with the simplest manifestation being a maximum width of the structure. Bjorkman proposed 24 ft north-south (i.e. facing the road) as a starting point for discussion. The code already limits the height to 12 ft above the road centerline all the way to high water mark. Side (10 ft), lake (10 ft) and road (50 ft) setbacks as in Zoning Code could be sufficient. The Zoning code bulk table limits the footprint to 25% of the lot, which is considerably larger than any contemplated structure, thus a lower limit would need to be specified for these lots if that is the intent. 

Adjournment

Moved by Burling, Second by Freier. Approved 6-0.

Adjourned 9:22 pm 

Varick Planning board minutes June 23, 2022

Varick Planning board minutes


June 23, 2022


Present: Linda Mastellar (chair), Cindy Lont, Lauren Burling (by Zoom), April Freier, Frankie Long, Thomas Björkman (Secty) One vacancy. 


Guests: Richard Jensen, Neil & Lisa Olver. 


Called to Order 7:12  pm


Minutes for May

Approval moved by Lont, second by Freier. Approved 6-0 

 

Public comment

 

https://www.adirondackexplorer.org/apa_book/weak-law-hurts-shorelines

 

Foggo sent an article about Lake George 2014 impact of weak shoreline protection. Lake George ultimately took aggressive zoning law steps to attempt to better protect the shorelines, including the new construction setback requirement of 75 feet from the high water mark and limits on tree and shrub cutting I mentioned at the last meeting.

 

 

Jensen subdivision. 

 

Public hearing

Opened 7:41. 
No comments.

Closed 7:42 Moved by Björkman, Second by Long. Approved 6-0. 

 

The applicant provided a Subdivision application, fee, EAF and SEQR. The proposed action was reviewed by the Seneca County Planning Board. They recommended that the application be “…approved conditional upon 1) the larger parcel being made a part of tax parcel 11-1-8.12, and 2) either enlarging the smaller parcel to a size where it can be demonstrated that there is enough room for a typical 3 bedroom house, septic system and well by trading land with land from tax parcel 11-1-8.12, or merging the smaller parcel with the adjacent tax parcel 11-1-8.2 that has the same owner as the parcel being subdivided.

 

These alternatives were discussed the applicant. The applicant/owner intends for the residual parcel to have different ownership from the adjacent parcels, which precludes combining them now. He is aware that the remaining parcel is not buildable, and accepts that as a good feature of its anticipated use as a recreational site for his family into the future. He recognizes that be the only future prospective buyers are likely the owners of the two neighboring parcels. 

 

Resolution

The Varick planning board issues Final Approval of the Jensen subdivision. This action transfers 33 acres of Lot 11-1-8.11 to Lot 11-1-8.12 leaving 1.26 acres.

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 reviewed by the county planning board, which recommended approval with the proviso 1) the larger parcel being made a part of tax parcel 11-1-8.12, and 2) either enlarging the smaller parcel to a size where it can be demonstrated that there is enough room for a typical 3 bedroom house, septic system and well by trading land with land from tax parcel 11-1-8.12, or merging the smaller parcel with the adjacent tax parcel 11-1-8.2 that has the same owner as the parcel being subdivided. This resolution does not incorporate the second restriction that the action.

Moved by Björkman, seconded by Lont. 

Because this action is not fully consistent with the County’s recommendation, it requires a supermajority (5 yes votes) to be approved. 

Passed 6-0

Olver subdivision

 

The preliminary plat was accepted in April. The applicant has six months to submit a final plat for consideration. The applicants an board discussed which parts of the plan were likely to require further discussion and which appeared mostly settled. 

 

The board did not see any immediate concerns with the proposed property lines and encourage the applicant to proceed with the application using those lines. Indeed, they are very well thought out to preserve the value of the property for agricultural and residential use in the future. 

The main question will be to determine a building envelope for the lake side of parcels 4-7 that accomplishes the protections of natural features as described in IV §7. F. of the subdivision code since this stretch of lakefront recognized as an irreplaceable asset of the community.  

 

Lin project

The landowner is ready to apply for a Special Use Permit, but the town board has placed a temporary moratorium on issuing those. No action was taken. 

 

 

Short Term Rentals

 

The STR committee met with attorney Tom Fucilllo for guidance on the permanent version of the STR regulations. They also met with Town Attorneys Frank Fisher and Steve Ricci. They identified desirable and enforceable ways to achieve the major goals of accountability by owners and limitation on commercial conversions. 

 

Town board had an extra meeting in June to pass LL#3 to replace LL#1 to correct some technical defects.


The town board wants a system of permits for short-term-rentals. The permit will be non-transferrable and have an expiration date. 

 

Code Enforcement Officer Tim Dorn reports that he is no longer getting calls from realtors regarding STR properties since the local law was passed. 

 

The discussion on size has a maximum occupancy of 10. But a mechanism is needed to a lower limit to account for the number of bedrooms, septic capacity, parking space, and proximity to neighbors. Parking requirements should be explicit that trailers, typically boat trailerscount as a vehicle.

 

The current estimate is there are or have been 60 STRs on the lakes, where there are ~330 houses. That is close to 20% of the housing is used for STR. 

 

Fees.

Cindy Lont has collected fee information from adjacent towns. The fees in the Town of Varick are about half for the things we a charge for, but those fees were also set 18 to 45 years ago. Other towns have fees for many things that we do not, but those go well beyond the Planning Board’s purview. We will develop a recommendation at the next meeting. 

 

Adjournment

 

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

 

Adjourned 9:06 pm