Varick Planning Board January 27, 2022

Varick Planning board minutes

January 27, 2022

 

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

Guests: Jason McCormick and Mark Lin; Scott Siganowich of First Light; Jim Foggo.

 

Minutes for December

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

 

Lin project

 

Mr. Lin and Mr. McCormick were at the Planning Board in November with a proposal. Neither they nor the Planning Board have received a response from Celia Flynn at County Planning who was going to offer the department’s thoughts on site plan review. No further discussion. 

 

First Light project. A company is considering placing an antenna array in the former Scott Siganowich of First Light presented information about a planned antenna array on their campus in the Small Business Park and Institutional District. We determined that it meets the definition of Telecommunications Tower, and will require a Special Use Permit and site plan review. The anticipated height and setbacks are well within the requirements. This special use would require a bond in case of abandonment. The company will submit an application. 

 

Martin Subdivision. 

 

Resolution

The Varick Planning Board accepted a preliminary plat from Jason Martin to divide parcel 15-1-46 into three parts.  A house lot of 1.18 ac will have 176 ft of frontage on Rt. 89. A residential lot will be 16.6 acres with abundant frontage on Rt. 89 and Town Line Rd. The farm field parcel will be approximately 85 acres with frontage on S Town Line Rd.

The applicant paid the fee and will provide a SEQR EAF and Agricultural Data Statement tomorrow. 

We must notify Romulus because this is within 500 ft of the town line.
We will submit the application to the county planning board, and hold a hearing next month. 

 

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

 

Short-term Rental Subcommittee.  The subcommittee consists of Cindy Lont, Lauren Burling, Susan Ottenweller and Linda Mastellar. They have done a lot in the last month. 

 

The committee has been looking the codes in Geneva, Fayette, Romulus, Ithaca, Rochester Town (Ulster Co.), Canandaigua. A public hearing was held January 5 that had input from 29 people; they have also received letters and emails. 

Want to establish the vision and the goals. 

The committee is emphasizing clarity about what problems are to be fixed. They are in two general areas. 

Lack of community, such as owner and resident commitment to the future of the Town, but also making housing unaffordable for residents due to conversion of residences to short term rentals. 

Nuisances and pollution resulting from overuse or renter behavior. 

 

The committee will present the vision and goals to Town Board for buy-in and feedback. Then they will develop a framework accordingly. 

 

Next steps for committee are to meet the next two Fridays, then present the proposal to the Planning Board at the February meeting. For the next meetings they will take up density of rentals and neighborhood feel. Also the role of long-term rental, which is currently a permitted use unlike short-term rental. 

 

Resident Jim Foggo expressed his concern about subdivisions that make farmland unviable for farming and short-term-rentals that reduce the commitment to the community. In particular the Lin proposal and adjacent development. 

 

Some other issues that came up:

Is there a fire inspection? That would have to be a requirement of the permit. 

Communication is often in the code, with both communication with renters, neighbors and owners or managers.

Barking dogs left all day in the rental is a noteworthy nuisance that wasn’t identified before. 

 

Board membership. Hershey Sensenig’s term expired at the end of December, so there is now a vacancy.

 

Adjournment moved by Burling, second by Lont. Passed 6-0.

Adjourned at 8:47 pm

Varick Planning Board December 16, 2021

 Varick Planning board minutes

December 16, 2021

Present: Linda Mastellar (chair), April Freier, Lauren Burling, Rich Olsen, Frankie Long, Thomas Björkman (Secty). 

Absent Hershey Sensenig. 

Guests: Cindy Lont

 

Minutes for November

Moved, as corrected, by Olsen. Second by Burling. Approved 6-0.

 

Lafferty Subdivision 

 

Opened public hearing at 7:25

No comments

Close M TB, AF. 6-0.

 

Resolution: The Varick Planning Board issues final approval for a plat to Divide parcel 10-3-26 of 4.274 ac at 714 Deal Rd. into two parcels, retaining a corner of 1.8 ac.  The narrowest point is 175 ft. 

 

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 not change and is not currently agriculture. 

The board received the Short Environmental Assessment Form and declares 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.

This application was reviewed by the county planning board, which recommended approval. 

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

 

First Light project. A company is considering placing an antenna array in the former Fingerlakes Technologies site in Small Business Park and Institutional District that is likely to be a telecommunications special use. Discussions are ongoing with 

 

 

Trainings. Upcoming trainings cover Solar energy and Site Plan Review. There was one on Short Term Rentals that Olsen participated in last Saturday. 

State Department of State is keen to help with trainings.

 

Short-term Rental Subcommittee.  The subcommittee consists of Cindy Lont, Lauren Burling, Susan Ottenweller and Linda Mastellar. They have met three times since our last meeting. 

They have concentrated on identifying good examples and lessons from other towns in the region. Mark Venuti of the Town of Geneva was particularly informative. The intent is going to be important for guiding present and future specifics. 

 

There will be a public hearing for input on January 5 at 6 pm in the town hall (or perhaps fire hall). Resident input will be accepted through January 15 by mail or email at STR@varicknewyork.com

It will be advertised by town bulletin board, the town website. The Finger Lakes Times, possibly the Shopper. Possibly the phone blast.

 

Resolution: The Varick Planning Board endorses the Town advertising the public hearing in the Finger Lakes Times, the Seneca County Shopper and telephone notification.  Moved by Björkman, Second by Burling. Approved 6-0. 

 

Be clear about what problems are trying to be fixed. Lack of community, nuisances, pollution, making housing unaffordable for residents. 

 

Thank you to Rich Olsen

Whereas Richard Olsen was appointed to the Varick Planning Board in December 2014 and has served for seven years;

Whereas Richard Olsen has made substantial contributions to the Varick Planning Board beyond expectations;

Whereas Richard Olsen has developed record keeping methods for assuring that our decisions are recorded and enforced;

Whereas Richard Olsen has always kept a close eye for unintended consequences;

Whereas Richard Olsen has been a steadfast advocate for the betterment of Varick;

Therefore be it resolved that the Varick Planning Board thanks Richard Olsen heartily for these many contributions. 

 

 

Adjournment moved by Björkman, second by Mastellar. Passed 6-0.

Adjourned at 8:05 pm

 

Town of Varick to hold Public Hearing on Short Term Rental Janury 6, 2022

The Town of Varick Planning Board Subcommittee on Short Term Rentals will hold a public hearing to gather information on how short-term rentals fit within the town of Varick’s future on January 5^th at 6 pm at the Varick Volunteer Fire Department, 4682 Route 96A, Romulus.

A Public Hearing, as defined by New York State, is an official proceeding of a governmental body or official during which the public is accorded the right to be heard on a designated topic.  In this case, the topic is Short Term Rentals (also known as vacation rentals) in the town of Varick. 

 

The Town of Varick includes a few miles of lakeshore on the east side of Seneca Lake and the west side of Cayuga Lake, a section of the former Seneca Army Depot, and agricultural areas between the lakes.   See Official Zoning map of Varick at: http://varicknewyork.com/PlanningBoard/Codes/VarickZoningMap.pdf 

 

For those interested in providing their views about short term rentals in the Town of Varick but unable to attend in person (and masked as required by New York State) on January 5th, please send comments about short term rentals to the Subcommittee via email at:  str@varicknewyork.com or by sending a letter via United States Postal Service to Short Term Rental, c/o Town of Varick, 4782 Route 96, Romulus, NY 14541. 

The planning board's discussions to date can be found in the searchable minutes. 

Varick Planning Board November 18, 2021

 Varick Planning board minutes

November 18, 2021

Present: Linda Mastellar (chair), April Freier, Lauren Burling, Rich Olsen, Frankie Long, Thomas Björkman (Secty). 

Absent Hershey Sensenig. 

Guests: Mark Lin, Jason McCormack, Cindy Lont, Celia Flynn, Harriet Haynes

 

Minutes for October (by Burling). 

Moved Freier. Second Mastellar. Approved 6-0

 

County Planning Department update.

Introduced Celia Flynn. New Planner with Seneca County Planning Department.

Harriet Haines (Senior Planner with Seneca County) discussed the Memorandum of Understanding with the county which is based on NYS General Municipal Law.  

A few things have been changed for the next round

§  Many cases of farms being divided into house and fields. Fewer of these subdivisions need to go to county. 

§  SPR for short-term rental. Local inspections often call for adequate water, sewer and parking. 

§  Need to submit 8 days before their meeting. (Need first Wednesday of month.)

Senior Planner Haynes provided additional information. 

The County Planning Board needs to fill some vacancies. There was no quorum at last County Planning Board meeting due to those vacancies. One at-large seat is vacant (ex. Waterloo). Seats are designated for various roles in community as well as town of residence. 

A reminder regarding notifications. 

After we take final action on a subdivision or special use, notice should go to county planning. 

Notification of our public hearings for actions within 500 ft of the town line should go directly to the Fayette or Romulus clerks in addition to the notices published in the newspaper. 

Resolution:

The Varick Planning Board encourages the Town Board to sign the memorandum of understanding with the County Planning Board.

Moved by Björkman, Second by Long. Passed 6-0

 

There will be a public hearing on Seneca County’s Agriculture Plan in January. 

Most of Varick is an Agricultural District and is affected by this plan and associated regulations. The boundaries of the Agricultural Districts used to cross parcel lines. Now whole tax parcels are in or out of Ag Districts, so some boundaries may have changed from years past. This change is particularly significant with large parcels near the lakes that include substantial non-agricultural uses and the residual land may or may not be in agricultural use. This Planning Board is mainly affected because an Agricultural Data Statement needed for actions within 500 feet of an active agricultural operation.

We should get a copy of the current ag district map from Harriet. 

The county strives to remove “inactive agriculture” from the district (while also encouraging agriculture to thrive.)

 

Lafferty Subdivision 

The Varick Planning Board accepted a preliminary plat to Divide parcel 10-3-26 of 4.274 ac at 714 Deal Rd. into two parcels, retaining a corner of 1.8 ac.  The narrowest point is 175 ft. Applicant provided a SEQR EAF and Ag Data Statement and a detailed survey map. 

Moved by Björkman, Second by Burling. Passed 6-0.

We will schedule a public hearing.  

 

Backlund property project

Prospective buyer Mark Lin and Engineer Jason McCormack discussed an updated plan to get planning board thoughts. 

The current version would have townhouses while keeping the parcel intact. Full build out would have three sets of townhouses with each set comprising four three-dwelling structures (36 dwellings total). The landscape would be improved and managed by the property manager. 

This design would allow for substantial septic facilities. Engineer McCormack designs many septic systems in challenging sites in the county, and thinks this site is highly suitable.

The private road serving the town homes would be built to town-road specifications so that emergency vehicle access is good, maintenance is effective and—while not envisioned—it could become a Town-owned or Town-maintained road at a future date.

Celia Flynn offered to review our code with this project in mind. It would be subject to Site Plan Review at a minimum since it doesn’t fit precisely into an existing category but is also not prohibited. 

The project could be done in phases as buyers are identified, but under a single use permit. 
For something like this, a non-completion bond would likely be a requirement in case of an unexpected suspension of activity.

 

Trainings. Upcoming trainings cover Solar energy and Site Plan Review. There was one on Short Term Rentals that Mastellar participated in last Saturday. 

State Department of State is keen to help with trainings.

 

Short-term Rental Subcommittee.  The subcommittee consists of Cindy Lont, Lauren Burling and Linda Mastellar, and more may be added. They will meet approximately weekly to develop a proposal. 

The meetings will be open, but they will not take public input during those meetings. They may invite resource people to participate. 

The committee can be reached at a custom email address: STR@varicknewyork.com

 

Adjournment moved by Burling, second by Björkman. Passed 6-0.

Adjourned at 9:17 pm

 

Varick Planning board September 23, 2021

 Varick Planning board minutes

September 23, 2021

Present: Linda Mastellar (chair), April Freier, Lauren Burling, Rich Olsen, Frankie Long, Thomas Björkman (Secty). 

Absent Hershey Sensenig. 

Guests: Cindy Lont, Mike Karlsen, James Foggo, Aaron Stevens, Gerry Willower, Eric Backlund

Called to order. 7:04

Minutes for August. Moved to accept Freier, Second Burling (Approved 6-0)

Public hearing on Willower-Colarco subdivision

Opened 7:06

Applicant presented information. No public comments.

Hearing Closed 7:14 Moved by Björkman, Second Olsen. Approved 6-0.

 

Resolution

The Varick planning board issues Final Approval of the Willower-Colarco subdivision. This action moves the lot line lot 01-4-13 4831 East Lake Rd (Colarco) and 01-4-12 (Willower). The move will square up the lot line by moving it 12.2 feet at rear of the lot, and 0 ft at the road, for approximately 250 ft. The resulting lots will be ~168 ft and ~112 ft in the rear. 

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 not reviewed by the county planning board because it is exempt. 

Moved by Björkman, second Long. Approved 6-0.

Public hearing on Backlund Trust Subdivision

Opened Public hearing at 7:25

Applicant described the plan. 

Aaron Stevens, buyer, clarified that his current property and the adjacent one that he is buying align at the back. There is not extra agricultural land that would be removed.   

Close Hearing. Moved by Björkman Second Olsen 6-0 Closed at 7:37

No action was taken because the survey map was not completed. We anticipate that the board will consider accepting the preliminary plat at the October meeting. 

 

County memorandum of understanding. The County Planning Department requested comment on the Memorandum of Understanding on actions exempt from review by County Planning Board. They are preparing to review and revise it. Our suggestions are: 

·      For residences consider changing “family” to “household”, as we did in our code. 

·      For lot line moves, consider a slight increase from 20 feet, since that standard only applies when the lots widths and setbacks from buildings are significantly larger than the minimum.

·      For the minor subdivision, using two years with no harvested crop appears to be a short time for determining whether agricultural use has ceased permanently.

 

Short-term rental discussion. Olsen reported on his conversation with Nancy Murray of Fayette. Fayette has issued 22 repeat permits and 3 new ones in 2021. There have been several applicants who started the application process. Some are still pending. Some applicants abandoned the application because they have insufficient septic. 

The impacts on the Town of Fayette include more work for the Town Clerk and Code Enforcement have more uses. Limited labor.  They have also found more permits to prepare homes for rental purposes. 

No short-term rental applications are away from the lakeshore in Fayette. Therefore, this issue is likely to be specific to our Lakeshore Residential District, where preventing further congestion is a primary planning objective.

Resident Foggo commented that the proliferation of short-term rentals completely changes the character of the neighborhood. And is also concerned that more short-term rentals are being rapidly developed, especially by developers and property companies using them as a wholly commercial use. 

Resident Lont emphasized concerns that remain to be addressed and were not acceptably handled on East Lake Road in 2021. Renters did not have an appropriate way to leave trash and recyclables when they left. Renters trespassed, especially on lakeshore and docks, but also in fields and bothered domestic animals. Some rentals had more people than they could appropriately handle, which led to unacceptable noise, trash and parking.

Several questions were identified that we need to address in the next meeting: 

·      Do we let it be known that short-term rentals are not permitted, and that existing uses will not be grandfathered when the law is passed? That is, all short-term rentals that are currently operating will be required to comply with all the restrictions. The inability to contact the manager was particularly frustrating.

·      This board should determine the appropriate line between a vacation-home owner who occasionally rents out their house, and the short-term rental owner who occasionally stay at their rental property. There is a lot of financial pressure on long-time owners to rent to cover the rising property taxes. The former use is generally considered appropriate, where the latter degrades quality of life for permanent residents. 

·      The complaint process for neighbors must make rental managers accountable for the behavior of their tenants, while not making the process a vehicle for inappropriate neighbor animosity. This balance is also important if the permit is contingent on having approval from neighbors as a means of controlling density and congestion. 

·      All permits must be listed with contact information that always works. 

 

Adjourn.  Moved by Burling, second by Freier. Passed 6-0

Adjourned 9:03

Varick Planning Board October 28 2021

 Varick Planning board minutes

October 28, 2021

Present: Linda Mastellar (chair), April Freier, Lauren Burling, Rich Olsen,

Absent Thomas Björkman, Frankie Long, Hershey Sensenig 

Guests: Cindy Lont, Eric Backlund, Dan Toner, Kim Parella, Tony Parella, Nick Davoli, Jason McCormick, Mark Lin 

Called to order. 7:04

Minutes for September 2021. Moved to accept by Olsen, Second Freier (Approved 4-0)

 

Backlund Trust Subdivision

 

Summary of discussion

A public hearing was held on Sept 23, 2021. Not substantive issues have arisen in the meantime. The final survey map is consistent with what was presented. 

Resolution

The Varick planning board issues Final Approval to divide lot 5-1-13.1 at 4608 route 89, comprising approximately 50 acres into two parcels of 6.5 ac and 43 ac. Each property will have 215 ft frontage. Narrowest point is over 150 ft. Applicant provided a SEQR EAF and Ag Data Statement and a survey map. 

 

The applicant supplied an Agricultural Data Statement. The board finds that there will be no impact on included and 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. The County Planning Department was concerned that some agricultural land behind the house remain with the residential house. However, the County Planning Board did not include that recommendation.  The County Planning Board considered that and recommended that the application be approved contingent on completion of the survey map and that setbacks are met.  

 

Moved by Burling, second Freir. Approved 4-0

Lafferty Minor Subdivision

Summary of Discussion 

An initial discussion was had regarding the subdivision of Lafferty Property at 714 Deal Road into an approximate 2.63 acres and 4.1 acres. Assistance with application was requested and brief discussion was had regarding whether this would be a subdivision or a lot line move. The applicant offered an initial Agricultural Data Statement and Environmental Assessment Forms for review, which are not ready to be submitted. Parella will be the applicant. Lafferty is the owner.  Lot 10-23-26. Applicant advised to specify owners across the road on the application as well as who owns the agricultural properties in the area. Advised to include parcel number on application. A public hearing will be scheduled for December once survey maps are obtained.

Backlund Property “Project”

Summary of Discussion

4608 State Route 89. Drawings offered for discussion by Lin and McCormick. Considering a design of one parcel as a housing development (36 homes); Townhouse approach instead of single-family homes. “Upscale” houses approximately 1900-2500 square foot homes with attached garages. They wish to attract people that want to live here during the summer and travel during the winter, may attract some people that live here year-round but this is not their target population. 500 Feet back from the road. Advised that the planning board needs to review current code before saying one way or the other if this would be approved.

Vacation rental regulation process

Summary of Discussion

Need to set a date for a public hearing and post this in the community; must include e-mail address & usps address to receive feedback. Discuss with Donna Karlsen to have this posted once the sub-committee creates these items. 

1.)  First step is to create a sub-committee 

a.)   November meeting will clarify and define the role of the sub-committee

b.)  Sub-committee to create e-mail address

c.)   Gather and analyze information that will inform the development of short-term vacation rental code & policy

d.)  Sub-committee will be a public meeting that is posted. Frequency of meetings, dates and times to be determined by sub-committee members. 

e.)   Planning board members should let Linda Mastellar know by November 5th if they would like to be on the sub-committee

Burling created a motion to develop a sub-committee, second by Mastellar.

Other notes

Rich Olsen provided his resignation effective at the end of the December meeting. Rich will let Donna Karlsen know.

 

Adjourn.  Moved by Burling, second by Freir. Passed 4-0

Adjourned 9:07e

Varick Planning board minutes August 26, 2021

 Varick Planning board minutes

August 26, 2021

Present: Linda Mastellar (chair), April Freier, Lauren Burling, Rich Olsen, Frankie Long, Thomas Björkman (Secty). 

Absent Hershey Sensenig. 

Guests: Cindy Lont, Gerry Willower, Mark Lin, Ben Lin, Jason McCormack (on phone)

Minutes for July. Moved Olsen. Second Mastellar. Approved 6-0

Welcome to new members Lauren and April.

Colarco Subdivision. 

The Varick Planning Board accepted a preliminary plat for a lot line move at lot 01-4-13 4831 East Lake Rd (Colarco) and 01-4-12 (Willower). The move will square up the lot line by moving it 12.5 feet at rear of the lot, and 0 ft at the road, for approximately 250 ft. The resulting lots will be ~168 ft and ~112 ft in the rear. The applicant provided a SEQR EAF. Will determine whether AgData Statement is needed. Signature of owners of both properties is needed. 

Moved Björkman, Second Long. Approved 6-0.

Backlund trust Subdivision

Dan Toner (Century 12), Eric Backlund (trustee) presented. 

The Varick Planning Board accepted a preliminary plat to divide lot 5-1-13.1 at 4608 route 89, comprising approximately 50 acres.  6.5 ac 43 ac. Each property will have 215 ft frontage. Narrowest point is over 150 ft. Applicant provided a SEQR EAF and Ag Data Statement and will provide a more detailed sketch before we submit the application to the county planning board. 

Moved Björkman, Second Long. Approve 6-0.

Discussed potential future subdivision of the larger Backlund parcel, potentially as a cluster subdivision. The current subdivision would be included in a determination of whether a future subdivision is minor or major.

Noise ordinance postcard. Was discussed at Town Board. They may consider at the next meeting, and possibly combine with Dog ordinance. Björkman will send proposed copy to Donna Karlsen for action.

Short-term rental

Dryden’s 2020 code is relatively short, under 2 pages. In contrast, Fayette’s is 12 pages. 

Canandaigua has three strikes to pull the permit where Fayette has just one.

An effective fine for renting without a permit must be higher than the rental income.

Other towns have found it useful to restrict the number of people per bedroom or total. 

Adjourn Moved Bjorkman, Second Mastellar Adjourned at 9:05