Approved Copy Minutes 11/29/12

Meeting called to order at 7:30 pm by Tom B as substitute chairperson. Members present were Tom B, Phil K, Linda M, and Barry S.

The minutes of the previous meeting were motioned for approval by Phil, seconded by Linda. Motion passed.

We have decided to add a line for PUD usage per district in section 308 of our current zoning code.

There was a brief discussion concerning the difference between a subdivision and a PUD. The PB feels that PUD’s may be preferable to subdivisions for our town. There is more flexibility for development on smaller lots of land yet still fit well with the overall comprehensive plan.

The PB board was grateful for the information forwarded by Mr. Sipos. It will be helpful to us in our study of PUD’s and what should be included in the code. However, the PB would still like to request a moratorium on the issue because we think a section on PUD’s should be included in our current zoning code rather than become a separate town law. A request will be forwarded to the TB to add this to the next meeting agenda (12/4/12).

We spent the rest of the meeting reviewing minimum acreage for PUD’s as well as minimum setback requirements. We thought the Fayette code acreage for PUD’s (25 to 35 acres) was quite large. We were more comfortable with a minimum of 10 acres and a maximum of seven houses in that area. However, no lot can be less than .7 acres. This will also allow for reduced setbacks for irregular shaped lots. The PB determined that such lots should be a minimum of 50’ width at the road and no less than 50’ at any place in the lot. A house must have a 40’ setback from the road and a 90’ width at that point on the lot. Side setbacks shall be at least 15’.

The PB is also concerned that PUD’s not be placed so as to create congested areas. Restrictions will be set in place to assure that such developments are not too close to each other. It is also agreed that road access would be allowed through lake district land.

The meeting adjourned at 9:01 pm – motion made by Linda, seconded by Phil and approved by all. The tentative date for the next meeting is 1/3/13.

Respectfully submitted,

Barry Somerville, secretary

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