Approved Minutes 10/25/12

Meeting called to order at 7:08 pm. Those present: Tom B, Linda M, Phil K, Barry S. Tom acted as chair since Bill S has resigned.

Minutes from the previous two meetings were approved. Linda moved to accept minutes for the 7/26 meeting; Phil seconded, minutes approved with change in Donna Karlsen’s name. For the 8/23 meeting Phil moved to approve the minutes, Tom seconded, motion passed.

There are two openings to serve on the PB. We need to elect a new chair person. Linda moved that we place Todd H as the interim chairman until new members come on the board. Phil seconded and the motion was approved.

We then discussed the need to improve the zoning code specifications for special use permits and area variances. The board holds that the ZB is responsible to take care of variances but needs more latitude within the code to help them make appropriate decisions. It was also suggested that we need to create an intent paragraph and outline the procedure for obtaining permits. All permits should be submitted to the Code Enforcement Officer who will inform the applicant if they need to obtain a variance or special use permit. He will direct them to the appropriate board when necessary. The PB will rewrite code that will include these items to help those who seek permits know exactly what they need to do.

The board also thinks it would be a good idea to peruse the current code to see if there are any other areas that could be improved by adding an intent paragraph. This is a project we will undertake when new appointees join the board.

It was also suggested that we should address the use of wind energy in the town since two windmills have been constructed in Geneva.

At our next meeting we are going to review code language in regard to PUD’s that we have retrieved from other town codes. Our starting point will be Fayette and Aurelius since they are most pertinent to the needs of Varick.

Our next meeting will be on Oct. 25. A motion for adjournment was made by Linda, seconded by Phil, and approved. Meeting closed at 8:18.

Respectfully submitted,

Barry Somerville, secretary

Approved Minutes 9/27/12

Meeting called to order at 7:08 pm. Those present: Tom B, Linda M, Phil K, Barry S. Tom acted as chair since Bill S has resigned.

Minutes from the previous two meetings were approved. Linda moved to accept minutes for the 7/26 meeting; Phil seconded, minutes approved with change in Donna Karlsen’s name. For the 8/23 meeting Phil moved to approve the minutes, Tom seconded, motion passed.

There are two openings to serve on the PB. We need to elect a new chair person. Linda moved that we place Todd H as the interim chairman until new members come on the board. Phil seconded and the motion was approved.

We then discussed the need to improve the zoning code specifications for special use permits and area variances. The board holds that the ZB is responsible to take care of variances but needs more latitude within the code to help them make appropriate decisions. It was also suggested that we need to create an intent paragraph and outline the procedure for obtaining permits. All permits should be submitted to the Code Enforcement Officer who will inform the applicant if they need to obtain a variance or special use permit. He will direct them to the appropriate board when necessary. The PB will rewrite code that will include these items to help those who seek permits know exactly what they need to do.

The board also thinks it would be a good idea to peruse the current code to see if there are any other areas that could be improved by adding an intent paragraph. This is a project we will undertake when new appointees join the board.

It was also suggested that we should address the use of wind energy in the town since two windmills have been constructed in Geneva.

At our next meeting we are going to review code language in regard to PUD’s that we have retrieved from other town codes. Our starting point will be Fayette and Aurelius since they are most pertinent to the needs of Varick.

Our next meeting will be on Oct. 25. A motion for adjournment was made by Linda, seconded by Phil, and approved. Meeting closed at 8:18.

Respectfully submitted,

Barry Somerville, secretary

Approved Copy PB Minutes 7/26/12

Meeting called to order at 6:55 pm. Members present – Todd H, Phil K, Linda M, Barry S. Todd served as chair in the absence of Bill S.

Jenny McWhorter and Wendy Skowcroft had questions of how to proceed with the land they want to buy for a small dog kennel to be used by SPCA. According to current information they have they will not meet zoning requirements for setbacks. We advised them to obtain a survey of the property so they will have exact figures to approach the ZBA. They may not need an area variance dependant on their findings.

A motion was made to accept the minutes from the 6/28/12 PB meeting by Phil K, seconded by Linda M and approved by all.

Barry S informed the board that Jeff H was notified by email of previous changes to the March minutes in regard to statements he made about definition of structures. If he was in agreement with the changes he did not need to respond to the email. Since there was no response made we assume the issue is resolved to his satisfaction.

We next decided that the language in the Zoning Code is sufficient in regard to dog kennels. No changes are necessary.

It was agreed that the secretary send an email to Bob Hayssen and Donna Karlsen to inform them of the resolution the PB made last month concerning the six month moratorium on PUD’s so the Town Board can act on it at their next meeting.

There was lengthy discussion concerning jurisdiction in the area of issuing special use permits and area variances. It is clear in our code and state town law that the ZBA has authority in the latter. We want to discuss further the current zoning code language and our role in special use permits with the other members of the PB. This will be a topic of discussion at the next PB meeting.

We also expressed concerns about communication between the PB, ZBA, TB, and code enforcement officer. We feel it would be beneficial to devise a means of keeping abreast of business that concerns these boards.

We will continue to collect information from other towns concerning PUD’s for our next meeting.

Our next proposed meeting  August 23, 2012.

A motion was made to adjourn by Linda M, seconded by Phil K at 8:50 pm.

PB Meeting 6/28/12

Approved Copy – Planning Board Meeting, 6/28/12.

Meeting was called to order at 7:04 by Tom B who filled in as temporary Chairperson. All present except Bill Squires and Linda M (who attended later).

The minutes to the previous meeting were accepted – motion made by Todd H, seconded by Phil K.

We addressed a revision of the March 22 minutes concerning suggestions made by Jeff Hogue (ZBA chair) about our definition of “structures.” It was agreed that I (Barry S) would contact Jeff and make sure that the minutes correctly reflect his statements.

The purpose of our meeting was to address items compiled previously in a five point agenda. These included checking on regulations and procedures regarding the issuing of special use permits; review of the code concerning dog kennels, breeding, etc.; developing zoning code regulations concerning Planned Unit Development; reviewing the issue of nonpublic schools; and the allowance or regulation of hydraulic fracturing.

We discussed the hydrofracking issue and determined that we need to develop our code beyond that which already exists under gas wells. However, this is going to take some time and we would like to see how other towns are handling the situation. We do not want to be reactive but proactive, so we will deal with this issue in the near future.

An area that we do need to deal with immediately is P.U. D.’s. We do not believe our wording in the current code covers this sufficiently. It was recommended that we call for a moratorium on the issue. The following motion was made by Tom B – “The PB recommends that the TB initiate a six month moratorium for the purpose of developing appropriate zoning code for Public Unit Development.” The motion was seconded by Linda M and supported by all. It was further determined that each member be assigned a geographical area in the state to find definitions and zoning regulations concerning P.U. D.’s covered in other towns. We will begin work on this at the next meeting.

We briefly discussed current code on dog breeding, boarding, etc. facilities. We believe the code is sufficient; however, members will review it for the next meeting and address changes if deemed necessary.

We are also still concerned about procedures involving special use permits, setbacks, and area variances. We believe the code may not quite be sufficient and are concerned that our procedure stands by current state and local code. We feel that we handled the Verizon Cell Tower permit properly, but we want to make any future issues of this nature to run more smoothly. Therefore, we are going to investigate section 404.2 and 3 in our code and check state and town laws concerning regulations and responsibilities of all those involved in granting permits and dealing with variance issues.

We did not discuss the nonpublic school issue in depth. We realize this is an area we need to research and discuss further. It is still an item on our agenda.

Jenny McWhorter, a peace officer with the Seneca County S.P.C.A, was present at our meeting. She informed us of her desire to purchase land from Carl Stuck near the corner of Yale Station Rd and Rt. 96a for a facility to house and care for rescued animals (usually dogs or cats). We informed her that the current property would not meet setbacks if a new building were constructed. She should contact appropriate authorities to determine the exact measurements of the parcel. If she wants to proceed with the purchase she needs to apply for a special use permit. That procedure will include a review by the ZBA concerning the setbacks. She seemed to be pleased by our suggestions and will proceed with the advice given.

Todd Horton suggested that we contact the TB about two issues. First, was a special use permit granted to Verizon for constructing their cell tower; second, was the town resolution made in February concerning this issue ever rescinded. We were able to address the TB immediately. A permit was granted and presented to Verizon on June 8. The resolution has yet to be rescinded but will be in the near future.

We set up the following agenda to begin at our next meeting; 1) Deal with any strengthening of the code concerning dog kennels, etc. 2) Begin work on the P.U. D. aspect of the code, 3)If time allows, review regulations and procedures for special use permits, 4)Develop zoning policy concerning nonpublic schools, 5) Develop zoning requirements for hydrofracking.

Our next meeting will be on July 26, 2012.

A motion was made to adjourn by Linda M, seconded by Tom B. Meeting closed at 9:23 pm.

Respectfully submitted,

Barry Somerville, secretary

Minues August 23, 2012

Varick Planning Board
August 23, 2012

Called to order 7:10 pm

Present: Squires, Horton, Knapp, Björkman
Absent: Mastellar, Somerville
Resigned: Larzelere

Substitute secretary: Björkman

Tabled minute approval to next time, when at least 4 members from last month are present.

SPCA update: Prospective applicant went to the ZBA, which gave them good advice about getting accurate information for the application. There were discrepancies, which we also noted to applicant, on the actual dimensions of the lot.

Board communications. We want to make sure we improve our communication to the Town Board and ZBA so they know what we are up to from month to month. It helps avoid surprises.
We can email our draft minutes (even though they are on the web) to the Town Board members and the ZBA chair. Our minutes are on the web (http://varickpb.blogspot.com/) as a record, but an email with the contents will be seen in time to help.

Town Attorney: We wish John Sipos a speedy recovery.

Planned action items. From June, our priorities were to request a 6-month moratorium on PUDs to allow us to write a good code. Second, work on 403.1 and 404.2, on the proper way to issue Special Use Permits.   Thereafter, revisit school restrictions, and pay attention to hydrofracking.

Regarding hydrofracking, we have no regulation now. It is worth waiting a little before beginning work to get more clarity on what responsibility falls to towns. We may be outside the relevant area because the Marcellus is too shallow here for this process. Furthermore, the governor is expected to issue some base rules in the coming month.

Special uses and area variances. We discussed the process for special use permits. The planning board properly has the authority to issue special use permits under 274-b (2) of NYS Town Law. However, where the application clearly fails to comply with a quantitative or absolute requirement, an area variance may be needed. The area variance is issued by the ZBA as a separate action. Our Telecom tower and Mobile Home Park special use requirements are unclear on that point. Some towns have the ZBA act first, after the ZCEO determines that an area variance is required.  We should at least modify the code so that the parts involved with an area variance are separated from the ones for the special usepermit (i.e. use variance).

In our summary of the code, describe more simply and clearly what the PB, ZBA, ZCEO and resident duties are. This could be on the website (when it returns) and as a preamble to the code.

Planned Unit Developments.

We reported on our research of other codes.
Knapp provided PUD code from Fayette, Mendon, Canandaigua, Victor and Perinton. He also had an excellent book on doing PUD approvals from Mt.Vernon, WA.
Björkman provided Saratoga and Forestburg.
Horton provided Aurelius, which has similar mix of lake, town and agriculture. 

We discussed creating a new zoning district for each PUD, as is done in the Town of Forestburg, and decided it would not be appropriate for Varick.
On Planned Unit Developments, we need to specify where they are to be permitted. We agreed that PUDs should be a Special Use in the ARR district, and not permitted in the others.

For next time, start with Aurelius and Fayette as frameworks. They may be fairly close to what we want.
Aurelius (Article 6): http://www.co.cayuga.ny.us/aurelius/government/laws/pdffiles/zoning.pdf
Fayette (Section 832):
http://townoffayetteny.com/final land use  regs.pdf

Squires moved to adjourn, Horton seconded.
Adjourned 8:42 pm

Approved Copy PB minutes 5/24/12

Draft Copy PB minutes 5/24/12

Meeting called to order at 7:02. Bill L. and Tom B. were absent.

Minutes from previous meeting were approved – motion made by Todd H., seconded by Phil K.

An update of the May 1, 2012 ZBA meeting concerning the Verizon cell tower was presented by Barry S.

The ZBA agreed to hear Verizon’s presentation but no decisions have been forwarded to the PB. We are aware that the VTB extended the shot clock to June 2, 2012. If a hearing is scheduled it will need to be in that time frame. At this point the PB is not aware of a need for further involvement. We are all in agreement that this was a valuable learning experience for us. In the future, the process of granting permits and determining areas of jurisdiction will definitely improve.

There was brief discussion of areas that the ZB needs to consider at future meetings outlined in our March meeting. An agenda will be set up for the next meeting to begin dealing with these issues. Our goal is to review all issues we are aware of, make necessary changes, and present them at one public hearing.

The board decided to begin meeting on a monthly basis, partially to fulfill the requirement to approve the minutes within thirty days and partially to keep abreast of issues that need to be addressed. Linda M made a motion to hold monthly meetings, seconded by Todd H, motion approved.

Our next meeting will be June 28. Linda M moved to adjourn, Phil seconded. Meeting closed at 8:09.

Respectfully submitted,

Barry Somerville

Approved PB minutes 3/22/12

Approved PB meeting 3/22/12

Meeting called to order at 7:00 pm. Members present were Bill S, Bill L, Phil K, Todd H, Tom B, and Barry S. Jeff Hogue from ZBA was also present.

Minutes from the January meeting were reviewed. Bill L moved to accept the minutes, seconded by Todd and approved by all.

The main purpose of our meeting was to present items to place on the agenda for future meetings and to review the progress of approving the Verizon cell tower. The following items were presented as needs to review and discuss at the next meeting:

1) The issue of hydrofracking as it relates to our town. It has been determined by higher courts that townships have a say in whether or not a company may use this procedure. We agreed to do some research into this area to see if it is an issue that needs to be considered by the PB or TB. The farm bureau has been in favor of this process. Is it an issue that we need to address?

2) Review code in regard to kennel regulations. This was raised as a result of a situation in the town of Gorham. The PB dealt with this thoroughly as the code was being prepared, but it might be wise to review it to make sure all areas are properly covered. One question raised was what distinguishes a puppy mill from a genuine breeder.

3) The issue of inspection of cell towers – who has jurisdiction? Currently the county does not have authority to inspect. Bill S thinks this may be an issue of interpretation – they cannot inspect the technical communication equipment on the tower, but what about the foundation and tower itself? The PB will attempt to find out who is supposed to inspect these towers and if the town has any liability in this area.

4) At the end of our meeting Bill S mentioned he wanted us to review setbacks for cell towers to see if we need to revise the code.

We then went on to receive an update on the discussion between members of TB, PB, ZBA and Verizon lawyers at the March TB meeting. Todd H reported the events to the PB and gave a brief review of a separate meeting with Jeff Hogue, myself, and Verizon lawyers. The outcome was an extension of the shot clock for resolution to May 5, 2012 (made by the TB). The ZBA will meet to review the situation and decide whether or not to hear the issue. A public hearing will follow with a decision to grant a setback variance or not. If the ZBA decides not to hear the issue or they decide not to grant a variance, the issue will go to court with Verizon. At this point we do not believe that will happen. However, it may be necessary to extend the shot clock one more time since there have been scheduling problems between Verizon and the ZBA. Target dates for meetings are April 10 and 24.

Jeff Hogue made some suggestions for the PB to review based on two issues his board has had to address. 1) People trying to define or redefine what the code says about structures. Some are trying to take advantage of the code and it may need to be expanded in its definition of “structures.” 2) Landscaping restrictions and infringements – example given of a pillar of rocks 14-20 feet tall equipped with electricity to run a pump for a waterfall and the setting of a permanent pad to store a boat on. Although such structures may be covered under the current code we might want to draft more specific definitions for “structure” and “accessory structure” to aid interpretation and decision making for ZBA cases. This will also help residents not to stretch the code.

It was also suggested that the ZBA and PB meet semiannually to touch base and discuss issues such as those raised above. It would also be wise for the ZBA to make the PB aware of actions they make and for the PB to send their minutes to the ZBA members. All parties believe there needs to be better communication and a closer relationship between the two boards.

A motion was made to adjourn at 8:10 pm by Todd and seconded by Phil. The next meeting will be May 24.

Respectfully submitted,

Barry Somerville, secretary