PB Meeting 5/25/11

Planning Board Meeting – May 25, 2011

Meeting called to order at 7:00 pm by Bill Squires. Attendance – Tom Bjorkman, Todd Horton, Phil Knapp, Bill Larzelere, Barry Somerville, and Bill Squires.

Phil Knapp motioned to accept the minutes from the previous meeting, Todd Horton seconded. Motion passed.

We were informed by Bill S that Paul Conroy resigned as the Town Zoning Code Enforcement Officer. The new officer is Larry Colton.

Bill S handed out copies of the Zoning Board of Appeals Application for our review. No issues were raised.

The only item of business was to review a subdivision proposal, but the parties involved did not show up. Any such proposal will be assessed by the PB to check compliance to the zoning code and then a public hearing needs to be arranged.

After 25 minutes it was suggested that we adjourn. Motion was made by Tom Bjorkman, seconded by Bill Larzelere and passed by all.

Respectfully submitted,

Barry Somerville, secretary

PB Meeting 3/24/11

Planning Board Minutes, March 24, 2011

Members present: Bill Squires, Linda Mastellar, Todd Horton, Phil Knapp, Barry Somerville.

Meeting called to order by Bill S at 7:10 pm.

First item of business – proposed project by Greg McNeely at 5358 E Lake Rd. Current code does not specifically define a Planned Unit Development. However, the proposed project does fall under the definition of multi-family dwelling in Section 107 (definitions). After looking at the land plats and discussing the proposal the PB retained its conclusion from our previous meeting that this project cannot be approved. The above definition excludes such a plan in this district.

The following motion was made by Todd Horton and seconded by Linda Mastellar: The PB chair will write Mr. McNeely addressing the zoning code exclusion (Section 107, Definitions - dwellings, multi-family) of developing the property at 5358 E. Lake Rd. and adjacent military lot 55. Said letter will be reviewed and agreed upon by PB members. The motion was passed.

The PB also is concerned that such developments increase density in this district that is unwanted by the public. It was suggested that Mr. McNeely look into the town subdivision code for alternate plans.

The second item of business involved the approval of the Zoning Compliance Permit Application. All members have agreed on the current format and are open to changes once it is put into effect. Guidelines for fees were again discussed. The purpose of such fees is to help offset the costs of the Zoning Officer without being punitive in nature.

It was determined that Bill S. will contact the Town Board and put this item on the agenda for the next TB meeting. Todd H. will check fees proposed by other towns (Fayette, Romulus, Waterloo, Ovid) and contact other PB members so we can suggest a fee schedule for the TB meeting. Our aim is to have the TB vote on these at the next meeting. This will complete our work on the application form. If necessary we will hold a brief meeting in April to finalize the issue.

The necessity to determine what to do about Planned Unit Developments was then discussed. It is mentioned as an item in the zoning code but not defined. We need to address the issue and either delete it or define it. Either way, it will call for a public hearing. We will discuss this at next meeting.

The need to review the whole code for other undefined issues was brought up. It would be good if we could deal with all items at one hearing rather than do so piecemeal.

Todd Horton asked if any more action or discussion has occurred concerning private school compliance to the zoning code. This was a question raised some time ago by David Kidd. Since other issues have been more pressing we have not discussed this. However, it is something that needs to be taken up at a future date.

Motion to adjourn was made by Linda M. and seconded by Phil K. Meeting adjourned at 8:30 pm.

Sincerely submitted,

Barry Somerville

PB Meeting 1/27/11

PB minutes, 1/27/11

Meeting called to order at 7:02 by Bill Squires. Members present were Bill S, Linda M, Bill L, Tom B, Phil K, and Barry S.

A motion was made by Bill L and seconded by Phil K to accept the minutes from the November meeting. The motion was carried.

The first item of business involved a proposed pottery business to be located at 5391 SR 89 and operated by Keith and Laura Perry. A mistake was made in the request for a building permit. Bill S will send Paul Conroy and the Perry’s a note explaining the PB concerns about compliance to the zoning code especially in regard to off road parking. Otherwise there is no problem in moving forward with this enterprise in the opinion of the PB.

The second issue of business involves a proposed building project by contractor Greg McNeely who owns an eight acre tract on E. Lake Road. He would like to build six homes on the east side of the road and six boat slips on the lake. This would not be subdivided since it is going to be owned by a home owners association. The homes are owned by the buyer, but the land belongs to the association. Discussion centered on such a plan subverting the current zoning code. It was suggested that this might set a precedent for future development that current property owners would not support. The purpose of the code in the Lake area is to curb over development and relieve congestion. Does this plan encourage what the PB and residents have been trying to reduce?

Upon observing the Use Table (Item 308 on page 16 of Zoning Code), it was determined that the proposed plan would not be acceptable. More information as to the lost measurements is necessary to make a final decision. This may fall under a planned unit development but currently seems to be a multi-family dwelling which is not permitted under the code. However, there are other options that might make this plan work. Bill Squires will send Greg a letter citing our concerns and asking for more precise measurements of the property (perhaps a copy of the plat). Before he sends this letter it will be circulated to the members of PB for approval.

Our final item of business was approval of the Zoning Code Permit under revision by Linda M. A final revision was agreed upon which Linda will type up and send to PB members. A copy will also be forwarded to Paul Conroy for input. The final draft will be sent to the Town Board for approval before their meeting in March.

A fee schedule for the above permit was also discussed. Suggestions involved smaller fees for small projects, larger fees for larger projects, and fees related to the dollar cost of the project. We concluded that it might be best to meet with Paul Conroy and get his input on developing a fee structure. The purpose of this is to present suggestions to the Town Board in setting fees. The board agreed that lower fees would encourage more building projects.

A motion was made to adjourn the meeting by Linda M and seconded by Phil K. We adjourned at 9:05.

Respectfully submitted,

Barry Somerville

PB meeting 11/18/10

Planning Board Meeting Minutes - 11/18/10

The meeting was called to order at 7:01 pm by Bill Squires. Members present were Bill Squires, Bill Larzelere, Phil Knapp, Todd Horton, Linda Mastellar, and Barry Somerville.

Bill S opened by explaining an apparent communication gap between the Planning Board and the Town Board as one of the TB members was unaware of the progress made on the Zoning Code and a public hearing that was in place for December.

The Bed and Breakfast to be located on Yale Station Rd discussed in previous meetings seems to be on track as a new business in Varick. Bill was approached by one of the realtors about zoning code and was referred to the town website. No problems are apparent.

We then moved to discussion concerning work on the Zoning Code Permit. Linda M will put together an application form drawn from the draft of the last meeting. She will send the form in an email to each PB member for comments and review. Our goal is to have a draft ready for our January meeting so that the Town Board will be able to move on it in February. If possible, Bill S will send out a draft application to the TB so they can be informed in advance. A question was raised as to whether we need a public hearing since we will have to adopt a fee structure for permits.

Todd Horton informed us of his conversation with a Seneca County Official concerning noncompliance to the zoning code. The official was willing to come to a meeting to field questions but we did not feel this was necessary at the time. After further discussion we realized that Article VIII of the Code does cover what will happen if the code is violated.

Phil Knapp questioned the procedure of what to do if a permit is denied. It seems that a person must make application to the Board of Appeals which can be accessed at the county level. We want to contact the appropriate people to make sure that our Code and the Board of Appeals application are in compliance with each other.

Linda offered to develop the Information/Instruction sheet for building permits so that people will be able to know everything they need to do to apply. It was agreed that such a sheet would be very helpful to hand out with the application form. Linda will also devise a contact page with names and numbers of individuals who are involved with the zoning compliance permit.

Bill also mentioned that Tom B needs to be contacted to post our meeting dates through 2011. Our next meeting will be on January 27, 2011.

A call for adjournment was made by Phil K and seconded by Bill L. Meeting adjourned at 7:48.

PB minutes 9/23/10

Planning Board Meeting Minutes

September 23, 2010

Meeting called to order at 7:01 pm on 9/23/10 by Bill Squires. All present except Linda Mastellar who arrived a few minutes later.

Motion was made to accept minutes from 7/22/2010 PB meeting by Phil Knapp, seconded by Todd Horton – motion passed.

Bill Squires began with an update on changes made to Zoning Code concerning dumping regulations submitted to Town Board. It is necessary that these changes must be sent first to Seneca County with a SEQR application form. Once this is accepted, then the Varick Town Board can call a public hearing to vote on accepting the revised dump regulations.

It was suggested by Tom Bjorkman that we also submit the moving of lot size regulations in the Zoning Code to the subdivision code where they belong. That way we will get all of the necessary changes dealt with at the same time. All agreed this was a good idea. Chairman will make the appropriate add in to the subdivision code and email the other members for review.

Chairman introduced two emails – one from Pete MacDonald with a question about the meaning of “land application facility” and “surface impoundment” in the new landfill definition. He will be referred to the definitions section in the DEC code. The second email was from John Saeli concerning schools in the Zoning Code. He stated the issue has not yet been addressed by PB. We agreed that this needs to be placed on an agenda for discussion at a future date.

Bob Taylor, a member of the Zoning Board of Appeals, was present at the meeting. After commending the work of the PB, he stated that he believed the community cooperated much better due to the work the PB did on the Zoning Code. He then asked if there were any changes to section 306 of the code, which there were not.

At this point the PB began discussions regarding zoning permits based on a draft submitted by Linda Mastellar. The permit is currently four pages long. Page 1 consists of the following items: Heading – Zoning Compliance Permit Application, Town of Varick, Seneca County, NY; Permit #, date; Property Address; Zone District; Proposed Work; Estimated Cost; Property owner name, address, etc.; Applicant name, address, etc.; Applicant Signature (by owner, agent, contractor, architect, or builder), date. It was also agreed to add in an affidavit similar to the one on the current Varick zoning permit application. Approval will be determined by the Code Official who will sign the application.

Page two contains information and instructions for applying for a Zoning Compliance Permit (ZCP). Item one stated the permit is good for one year – this was discussed and changed to two years. Item two – a Seneca County Building Permit (SCBP) is also required before work can begin. Item three – Varick ZCP must be approved before filing for SCBP. Item four tells where Varick application is available. Item five – completed application submitted to Varick Code Enforcement Officer for approval. Item six tells where to obtain SCBP. Item seven – info given for building docks. Item eight – a schedule of fees to be determined by Town Board with PB recommendations. A discussion about fees included residential/business projects and demolition.

Two other items were added to the above draft – item nine wetland delineation and ten, clearance of more than one acre of land (DEC needs to be notified). It was also suggested that we include check offs for other permits required such as certification of occupancy.

The board also raised the question of how to enforce compliance to the code. What recourse may be taken if a person fails to complete the project in the allotted amount of time? It was suggested that we might contact John Sipos or a proper Seneca County official. At the end of our meeting Todd Horton volunteered to look into this and bring information to the next meeting.

Page three of the ZCP has check blocks for proposed improvements and a space for a diagram of the existing lot with improvements (a piece of graph paper may be attached for this purpose).

The last page of the ZCP pertains to waterfront development, docks, etc. The board thought it would be easier to have this separate from structural/land changes on page three. This also will include check blocks for improvements or work done with space to diagram said proposals. One of the purposes for these last two pages is to aid the zoning officer in approving the permit.

This completed the PB agenda for the evening. The next meeting will be on 11/18/10 at 7:00pm. Motion was made by Tom B for adjournment, seconded by Linda M.

Respectfully submitted,

Barry Somerville, secretary