July 2007 Minutes

Town of Varick Panning Board Meeting Minutes

Date of meeting : July 26, 2007

Meeting called to order: 7:10pm

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

Thomas Bjorkman informed the Board that Larry Peterson was stepping down as Secretary of the board and thanked him very much for the many years of performing this task. All agreed he had done a great job. Thomas then said that Bill Larzelere had volunteered to take over the duties for a one year period.

The June meeting minutes were approved with 5 revisions .

The following discussion was on an ordinance for dangerous and/or vicious dogs in the town.
Thomas said the Town Board had asked our Board to craft an ordinance after several complaints from town residents of being harassed or threatened by such dogs, specifically on the East Lake road.

Frankie Long and Thomas Bjorkman had done research on some existing ordinances and submitted one from the Town of Utica as an example for discussion. The ordinance from Ag and Markets was also brought to the table. Ag and Markets version was the least strict allowed and Towns could be more strict.
It was noted that the ordinance cannot discriminate against any certain breed of dog.

Bob Kayser had done Web searches and had many useful definitions. One being:
“A potentially dangerous dog is any dog which when unprovoked on two separate occasions within the prior 36 months engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog.”
It was decided to use this definition and also language in Paragraph 1 of the Utica ordinance in describing dangerous/vicious dogs.

Kevin Swartley had talked to Judge Case who felt that the Ag and Markets version lacked “teeth” to allow him to be effective in discouraging these types of animals and prosecuting cases of people being harassed by them.

After discussion, Bob Kayser made a motion that a fine for an offense be a $1000 dollar fine and up to six months in jail for each violation of the ordinance. Larry Peterson seconded the motion. Approved unanimously.

It was also decided that electronic (invisible) fencing was not adequate for containment of these animals.

It was then discussed how dogs that were determined by the courts to be dangerous/vicious could be moved to a lower level by having behavioral pattern improvements verified by the ASPCA or other accredited organization. This was in the Town of Utica ordinance.

Thomas suggested giving the Town Board language about owners, of dogs being taken for walks, being responsible for picking up fecal matter from their animal. He also suggested some leash law language. After discussion and suggestions that maybe this wasn’t the place for such language, it was decided for Thomas to craft the language and let the Town Board decide if this is something they would want to see in this ordinance.

Kevin Swartley made a motion that the Town of Utica Ordinance, with our changes and additions discussed, be presented to our Town Board as the Town of Varick Dangerous/Vicious Dog Ordinance. Bob Kayser seconded and it passed unanimously.


The next topic was a discussion on Personal Travel Trailers

Temporary hunting and camping camps on owners property are acceptable as long as healthy hygiene practices are followed in water and sewage.

Modification to Travel trailer code: 21 days OK- After 21 days permit is required and after 120 days travel trailers are not permitted.
Must conform to all health codes for electrical, water and sewage with no sewage discharge permitted.
Code Enforcement Officer has discretion for siting and setbacks.
Thomas Bjorkman has language details decided upon.
Kevin Swartley moved to make the above changes to the code. Larry Peterson seconded, and it passed unanimously.

The next topic was a discussion on a change to the Zoning code on page 7 paragraph 6 Flood Zone lowest living level.

Change lowest living level for new construction in the town from 1 to 2 feet above the 100 year flood level.

Bob Kayser moved to make this change. Larry Peterson seconded and it passed unanimously.

Next Topic for discussion was a definition for Commercial Property for the new Zoning Code

Definition discussed and agreed to. Thomas Bjorkman has language details decided upon. Bob Kayser moved to accept the definition, and Frankie Long seconded. The vote was unanimous.

Kevin Swartley brought up the need to better define “Common Access” roads and development regulations on them, in the Zoning Code. Because of time restrictions, this was noted as a topic for the next meeting.

The next meeting was scheduled for August 23rd 2007 in the Varick Fire Hall.

The meeting was adjourned at 8:50 PM

Respectfully Submitted,
Bill Larzelere
Secretary

Approved August 23, 2007

July 2007 Agenda

Varick Planning Board
Agenda
July 26, 2007

Approve minutes
June 28, 2007

Committee reports: None
Information items: None
Discussion items: None

New Business

• Ordinance regarding dangerous dogs

Old business:

• Zoning Code
  
  • Definition and regulation of “Camp;” a structure less than a dwelling but more than a shed. Not an accessory structure if the lot has no main structure.
  • Permit requirement for 120+ days travel trailer on others’ property
  • Flood zone: Change datum and minimum height?

New subdivision proposals: None

Set next meeting time: Currently scheduled for August 23, 2007 7:00 pm

Adjourn

June 2007 Minutes

Varick Planning Board
Minutes
June 28, 2007

The Varick Planning Board met June 28, 2007 at 7 PM at the Varick Firehouse. In attendance were Thomas Bjorkman, Larry Peterson, Kevin Swartley, Annie Bachman, Bob Kayser, and Bill Larzelere. Absent was Frankie Long.

Two minor changes were made to the minutes from May 24, 2007 and they were approved.

There is a grant possibility for Farmland Protection. Harriet Haynes is aware of it and the county and other towns may also apply for this grant as well as the Ag Enhancement Board of which Kevin Swartley is a member. Anne Bachman made a motion that we notify the county we are interested in this grant. Kevin Swartley seconded the motion and it was carried.

Bill Larzelere gave us a presentation on the definition of a Laboratory/R&D facility. It was modified as follows: A place where scientific research and development is conducted and analysis performed. Most laboratories are characterized by controlled conditions (temperature, humidity, cleanliness). Procedures often include sampling, pre-treatment and treatment, measurement, calculation, and presentation of results. Some examples of technologies studied and industries served would be pharmaceutical, electronics, life sciences, materials, nanotechnology, biotechnology, petroleum, chemical, food and agricultural, manufacturing, methods and support for many other industries.

Bob Kayser made a motion to accept this definition. Annie Bachman seconded the motion and it was carried.

Annie Bachman gave a report on vehicle sales and service. Vehicle service: An establishment that, for compensation, is wholly or partially engaged in the business of repairing or diagnosing motor vehicle malfunctions or repairing motor vehicle bodies, fenders or other components damage by accident or otherwise. it includes establishments whose activities consist solely of fueling, changing oil, water, batteries or tires, replacing fan belts, air filters or oil filters; and those engaged in the business of repairing road building machines, farm machines, lawn machines, garden machines, and vehicles registered as special purpose vehicles.

Bob Kayser made a motion to approve this definition. Annie Bachman seconded it and it was carried.

Vehicle sales: An establishment regarded as a dealer under section 78.1(a) of New York Motor Vehicle Dealers and Transporters regulation. Selling, or offering for sale, more than five motor vehicles, motorcycles or trailers, other than mobile home trailers, in any calendar year, or who displays or permits the display of three or more motor vehicles, motorcycles or trailer for sale at any one time or within any one calendar month upon premises owned or controlled.
Annie reported that there is much information in the state DMV law that we can just reference rather than rewriting it all ourselves. Kevin Swartley disagreed with the concept of a strict limit on this type of new business coming into Varick.

Bill Larzelere made a motion to approve this sales definition. Bob Kayser seconded it and it was carried with Kevin Swartley opposed.

Larry Peterson reported on the definition of a warehouse: a business whose principal activity is the storage of merchandise or materials for others, and which occupies an total area greater than 1000 square feet. It seems to be the consensus that warehouses will only be allowed in the institutional zone. Kevin Swartley noted that FLTG has now taken over any vacant space in the institutional zone effectively eliminating any new warehouses in Varick. A motion was made by Bob Kayser to accept this definition. Bill Larzelere seconded it and it was carried with Kevin Swartley opposed.

We had an extensive discussion on multi-family dwellings as stand alone units and above retail and commercial space. Dwelling above retail space: must meet the following criteria: the total building must be at least 2000 square feet of usable space. The dwelling area should be no less than 550 square feet. Kitchen facilities must include at least a stove, refrigerator, and sink suitable for dish washing must be present in each dwelling unit.

Bathroom facilities including at least a tub or shower, toilet and lavatory must be present inside each dwelling unit.

Must provide no fewer than 2 off street parking spaces per dwelling unit. It shall not detract from the visual aesthetics of the neighborhood

Dwelling: Any building or structure or part thereof, used and occupied for human habitation, or intended to be so used. The terms dwelling unit, one-family dwelling, two family dwelling, and town house dwelling shall not be deemed to include, motel, hotel, rooming house, bed & breakfast, or other accommodations used for more or less transient occupancy of less than 30 days,

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 buildings.

Travel trailer. No motor home, camper, or similar travel vehicle shall be parked or located overnight within the town except a) On the property of the owner. If used as a permanent seasonal residence, setback for structures must be met. May not be used as permanent year-round housing. Bob Kayser made motion to approve the first exception for travel trailers. Bill Larzelere seconded it and it was carried.

Mobile Home. All mobile homes shall be on a permanent foundation that goes below frost line, with anchors or tie-downs capable of securing the stability of the mobile home. All mobile homes shall be provided with skirting to screen the space between the mobile home and the ground shall be of a material which shall provide a finished exterior appearance. Mobile homes not on a pad or foundation, or unoccupied for 12 months, must be disposed of off the property.

Bob Kayser made a motion to approve this requirement for mobile homes. Annie Bachman seconded it and it was carried.

Chairman Bjorkman said he thinks we are at the point where we should give our product to Harriet Haynes in the county planning board for her comments. Everyone agreed.

There being no further business, the meeting was adjourned at 9:20 PM.

Respectfully,

Larry Peterson
Secretary

Approved July 26, 2007

June 2007 Agenda

Varick Planning Board
Agenda
June 28, 2007

Approve minutes
May 24, 2007 5 min

Committee reports: none

Information items: none
Discussion items: none

New Business
Grant possibility for Farmland Protection. 10 min

Old business:
Zoning Code 90 min
Cleaning up definitions, conditional and special uses.

New subdivision proposals: None

Set next meeting time: Currently scheduled for July 26, 2007 7:00 pm

Adjourn

May 2007 Minutes

Town of Varick Planning Board
Minutes
May 24, 2007

The Varick Town Planning Board met May 24, 2007 at 7 PM at the Varick Firehouse. In attendance were Thomas Bjorkman, Larry Peterson, Frankie Long, Annie Bachman, and Bob Kayser. Absent were Kevin Swartley and Bill Larzelere.

Annie Bachman made a motion that the minutes of the April 26, 2007 meeting be approved. Bob Kayser seconded the minutes and it was carried.

Frankie Long gave a report on dog kennels. Noise to neighbors seems to be the biggest concern of the ownership of dogs. Frankie had done research with State Ag & Markets, other government agencies, and with Bruce Johnson. Bruce Johnson lives on the East Lake Road and is probably the only dog breeder in Varick. He raises and sells a small breed of pure bred dogs and has up to six pregnant females at one time. We decided that five or fewer non-commercial dogs can be kept without restriction. Commercial dogs are dogs boarded for others, kept for sale, or kept to produce puppies for sale. Small scale kennels will be six or fewer commercial dogs, or 6 or more non-commercial dogs. For these the condition in all three residential zone will be that the outside runs are more than 100 ft from adjacent dwellings and that the noise should not exceed 55 dB at the property line. Large kennels will be 7 to 20 commercial dogs. This will be permitted in the ARR zone only, with the condition of a 300-foot setback from the outdoor run to adjacent dwellings. We put no limit on the number of dogs under six months old, they do not count towards the totals. We decided to put no restrictions on number of cats.

Annie Bachman led a discussion on the definition of an inn. We decided a bed and breakfast should follow NY state law, and be an owner-occupied single family home with 5 or fewer rooms for rent. A hotel would have more than 12 rooms. An inn would be "in between" with 6 to 12 rooms, and may provide meals. The setback from adjacent properties should be 300 ft in the Lakeshore Zone, 200 ft in the Agricultural Rural Residential Zone, and 15 ft in the Hamlet Zone. They should not generate noise over 55 dB at the property line.

Bill Larzelere had provided information on mobile home conditions. We decided there would be no single-wide mobile homes in the lake zone, and that new mobile homes should be on a permanent foundation that goes below the frost line. Looser rules for one or two mobile homes used as farmworker housing on farms, as recommended by Ag & Markets.

Bob Kayser led a discussion on annoying smells that would bother a neighbor. He did considerable research on this controversial topic. He found that Seneca Falls has some very good local laws in this area. We decided that a separate noise ordinance would be more effective for dealing with specific activities rather than land uses. The standard for smoke is that it not exceed Ringelmann Smoke Chart No 2.

For the next meeting, Annie Bachman will research the definition of vehicle sale and service, Larry Peterson research the definition of a warehouse, Bob Kayser will research multi-family dwellings conditions (C-7 and C-11 in the Use Table) and define General business office, and Bill Larzelere will develop a definition of Laboratory/R&D facility.

The next meeting will be June 28, 2007 at 7 PM at the Varick Fire House.
The meeting was adjourned at 9 PM.

Respectfully,

Larry Peterson
Secretary

Approved June 28, 2007

April 2007 Minutes

Town of Varick Planning Board
Minutes
April 26, 2007

The Varick Town Planning Board met April 26, 2007 at 7 PM at the Varick Firehouse. All seven members of the Planning Board were in attendance.

Frankie Long made a motion that the minutes of the March 22, 2007 be approved. Kevin Swartley seconded the minutes and it was carried.

There was a discussion of public hearings. These hearings are supposed to be for information only and they should not be used as public pressure to influence decisions.

There was a discussion of outdoor wood furnaces and how many municipalities are banning them because of the air pollution that they cause.

Bill Larzelere and Bob Kayser attended an evening training session in Lyons on May 3. They reported that the training was good although rather long. And the pizza was excellent.

There was a discussion on docks and moorings in the lake. The boundary of Varick extends into both Seneca and Cayuga Lakes. In fact, on Seneca Lake, it extends all the way across the lake to the other shore. This was supported by a 1988 letter from NY State. This leads to the need for rules and regulations on this underwater area. The two lake associations for Seneca and Cayuga Lake are taking the lead in this area. There is a desire for all towns and municipalities bordering on the lake to have the same rules and regulations. Bob Kayser made a motion that we pursue adopting a law in coordination with other towns. Kevin Swartley seconded it and it was carried unanimously.

Old Business: We spent quite a bit of time cleaning up the zoning code.

Bill Larzelere is going to look into language for mobile homes to permit their use, but not too junky appearance.

Bob Kayser is going to look into language hamlets and dwellings and noise and objectionable odors.

Frankie Long is going to look into language that will limit the size of kennels in the lakeshore zone in order to permit small-scale home breeding but restrict operations too large for the neighborhood.

There was a discussion of set backs. The consensus was for 15 feet on both sides and back. There apparently is no setback on private roads.

There was a discussion of fences in the institutional zone. It was decided that the requirement for a fence half they height from the property line would apply there just as well as everywhere else.

The meeting was adjourned at 9 PM.

Respectfully,

Larry Peterson
Secretary
Approved May 24, 2007

March 2007 Minutes

Town of Varick Planning Board
Minutes
March 22, 2007
The Varick Town Planning Board met March 22, 2007 at 7 PM at the Varick Firehouse. Attending the meeting were Chairman Thomas Bjorkman, Larry Peterson, Bill Larzelere, Frankie Long, Anne Bachman, and Kevin Swartley. Bob Kayser was absent.

Minutes. Larry Peterson read the minutes from the last meeting. Bill Larzelere made a motion that the minutes be approved as read. Frankie Long seconded the motion and it was carried. (Kevin Swartley arrived at the meeting after the minutes were approved)

Zoning Code. Most of the meeting involved discussing further clarification of the Use Table, especially commercial enterprises and how much detail we should include in there vs. just having a general category.
Junkyards: Leave out since many state laws cover this.
Golf Courses: leave out.
Laundromat: Include in hamlet under the category of personal services.
Laboratory/R& D Facilities: OK in conservation area.
Nursery/Garden shop: allow more outdoor space than other retail sales.
Tavern, Bar, nightclub: ignore.
Multi-family dwellings: two vehicles per family, 200 ft setback, screening by fence or natural vegetation.

Water Grant. Chairman Bjorkman said he has been asked to write a letter of support for a grant that is being requested to supply water to the hamlet of Fayette. The board strongly concurred in Mr. Bjorkman writing such a letter.

Old Business. Empire Biofuels. Thomas Bjorkman discussed the reply we received from IDA on our letter to them regarding our concerns about the Empire Biofuels project. Mr. Bjorkman said he was pleased with their answer and the board concurred.
There was a discussion of the location of the ethanol plant in the town of Romulus rather than the town of Varick. Kevin Swartley, as an employee of Empire Biofuels, said that he had recommended the ethanol plant be located in Romulus rather than Varick because he felt there was less opposition in Romulus than in Varick. Several board members were surprised to hear him make this statement and asked if he was talking about the Varick town board or the planning board. He said both. He said he could sense the same kind of opposition in Varick that there was in Seneca Falls. Since the hour was late, it was decided to discuss this further at the next meeting.

Next meeting. The next planning board meeting is scheduled for April 26th. Kevin Swartely said the next public meeting by Empire Biofuels may be April 25th at the Romulus school auditorium at 6:30 PM. However, this is not yet a firm date and time.

The meeting was adjourned at 9:15 PM.
Respectfully,

Larry Peterson
Secretary