Varick Planning Board Minutes February 23, 2023

Varick Planning Board

February 23, 2023

Present: Cindy Lont, Lauren Burling, Frankie Long, Seth Brandow, Thomas Björkman (Secretary, presiding). Absent: Linda Mastellar (chair.). One vacancy.

Guests: Leo Lin, Walt Wolverton, Catherine McCracken, Lisa Kelsey, Lindsay Bolton, Susan Ottenweller, Barbara and Paul Nearpass.

Called to order at 7:01 pm

Minutes for January 26, 2022

Accept minutes. Moved by Lont, Second by Burling. Approved 5-0.

General public comment.

None

Short term Rentals

Public hearings were held on 12 applications for short-term rental permits.

 

Public hearing for applicant Catherine McCracken at 4909 East Lake Road

Opened at 7:03 pm.  

Comments:  None.

Closed at 7:04 pm  Motion by Long, second by Brandow, approved 5-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Catherine McCracken to operate a short-term at 4909 East Lake Road until January 30, 2024 on the condition that parking is limited to four spaces.

Moved by Burling, second by Brandow, approved 5-0.

 

Public hearing for applicant Jason and Ashley Motter at 4650 Locust Lane

Opened at 7:08 pm.  

Comments:  Guests often leave dogs alone for the day and they bark incessantly. The owner-contact has been unresponsive to calls when there is a problem. 

 

Closed at 7:11 pm  Motion by Burling, second by Long, approved 5-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Jason and Ashley Motter to operate a short-term at 4650 Locust Lane until January 30, 2024 on the condition that parking is limited to three spaces  and that the written instructions to guests emphasize the rules regarding dogs and smoke from the firepit.

Moved by Burling, second by Lont, approved 5-0.

 

Public hearing for applicant Aaron Teichner at 5342 East Lake Road

Opened at 7:20 pm.  

Comments:  None.

Closed at 7:20 pm  Motion by Lont, second by Brandow, approved 5-0

Tabled pending inspection report.

Motion to table by Björkman, second by Lont, approved 4-1.

 

Public hearing for applicant Sergey and Julie Katsev at 5338 East Lake Road

Opened at 7:25 pm.  

Comments:  Full recycling container is left out all week.

Closed at 7:26 pm  Motion by Long, second by Brandow, approved 5-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Sergey and Julie Katsev to operate a short-term at 5338 East Lake Road until January 30, 2024 on the condition that parking is limited to three spaces and that a covered recycling container is provided.

Moved by Long, second by Lont, approved 5-0.

 

Public hearing for applicant Vinket Realty at 4887 East Lake Road

Opened at 7:29 pm.  

Comments:  None.

Closed at 7:29 pm  Motion by Burling, second by Brandow, approved 5-0

Tabled pending identification of owner and submission of a site plan with property boundaries.

Motion to table by Burling, second by Brandow, approved 5-0.

 

Public hearing for applicant Vinket Realty at 4805 East Lake Road

Opened at 7:36 pm.  

Comments:  None.

Closed at 7:37 pm  Motion by Burling, second by Long, approved 5-0

Tabled pending identification of owner and submission of a site plan with property boundaries. Noted that this property will be limited to four parking spaces.

Motion to table by Burling, second by Brandow, approved 5-0.

 

Public hearing for applicant Eric Terlouw at 5638 East Lake Road

Opened at 7:39 pm.  

Comments:  None.

Closed at 7:39 pm  Motion by Burling, second by Long, approved 5-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Eric Terlouw to operate a short-term at 5638 East Lake Road until January 30, 2024.

Moved by Burling, second by Long, approved 5-0.

 

Public hearing for applicant Gene and Kate Tolomeo at 5626 East Lake Road

Opened at 7:40 pm.  

Comments:  None.

Closed at 7:40 pm  Motion by Lont, second by Burling, approved 5-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Gene and Kate Tolomeo to operate a short-term t 5626 East Lake Road until January 30, 2024.

Moved by Burling, second by Brandow, approved 5-0.

 

 

Public hearing for applicant W. Glenn Hudson at 5501 East Lake Road

Opened at 7:42 pm.  

Comments:  None.

Closed at 7:42 pm  Motion by Burling, second by Long, approved 5-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to W. Glenn Hudson to operate a short-term at 5501 East Lake Road until January 30, 2024 on the condition that parking is limited to four spaces.

Moved by Burling, second by Brandow, approved 5-0.

 

Public hearing for applicant Lester and Anna Horst at 5196 Route 89

Opened at 7:44 pm.  

Comments:  None.

Closed at 7:44 pm  Motion by Brandow, second by Long, approved 5-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Lester and Anna Horst to operate a short-term at 5196 Route 89 until January 30, 2024.

Moved by Burling, second by Lont, approved 5-0.

 

Public hearing for applicant Danko Holdings at 4525 Route 89

Opened at 7:46 pm.  

Comments:  Neighbors Nearpass had several concerns

·      Speakers on dock are too loud and often left playing with nobody there.

·      The septic overloads causing the lawn to seep what is presumably sewage

·      Trash is left out all week. Pickup day is Friday. Trash should be put out Thursday evening.

·      The fire pit on the beach often produces smoke that impairs neighbors, especially the southwest wind.

·      The property is a flag lot, which is unclear to guests who often trespass on neighboring front yards.

·      The house appears to host more guests that is allowed, with the undesirable effects of a party house.

Closed at 7:52 pm  Motion by Burling, second by Long, approved 5-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Danko Holdings to operate a short-term at 4525 Route 89 until January 30, 2024 on the condition that the site plan provided to guests makes the property boundaries obvious, that evidence that the septic system can handle ten guests be provided, and that the instructions to guests emphasize the restrictions on noise, smoke and trash.

Moved by Burling, second by Brandow, approved 5-0.

 

Public hearing for applicant Cayuga Bell (Cissy LeBlanc) at 4519B Route 89

Opened at 7:55 pm.  

Comments:  None.

Closed at 7:57 pm  Motion by Lont, second by Burling, approved 5-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Cayuga Bell (Cissy LeBlanc) to operate a short-term at 4519B Route 89 until January 30, 2024.

Moved by Burling, second by Brandow, approved 5-0.

 

 

Hayssen Lot line move

The board accepted an application for a lot line move between parcel 05-1-62.21 and parcel 05-1-74. It moves the north line about 22 feet, moving 0.131 acres from parcel 05-1-74 to parcel 05-1-62.21.

 

The applicants provided an application, Agricultural Data Statement, preliminary plat and fee. The board received a short Environmental Assessment Form.

The board determines that this is an unlisted action under the State Environmental Review act.

The application will be submitted to the county planning board.

 

Moved by Brandow, Second by Long. Approved 5-0.

 

Adjournment.

Moved by Burling, second by Long , approved 5-0. Adjourned at 8:22 pm

 

Varick Planning Board January 26, 2023

 Present: Linda Mastellar (chair), Cindy Lont, Lauren Burling, Frankie Long, Seth Brandow

Thomas Björkman (Secretary). One vacancy. Julia Stanley (Clerk)

Guests: Short-term-rental applicants.

Called to order at 7:00 pm

Minutes for December 2022

Accept minutes with a minor correction. Moved by Brandow, Second by Burling. Approved 6-0.

General public comment.

Question what is the cap of people on short term rentals, does it include children? Answer: ten people, which include children.

If you have a property holds far more than ten, is it all right to have family gatherings of more than ten, but are limited to ten for rentals?  Yes

What is the property line, in the context of the noise ordinance.

 

Short term Rentals

Public hearings were held on 15 applications for short-term rental permits.

 

Public hearing for applicant Alan Casasanta at 4626 Willow Cove

Opened at 7:12 pm.  

Comments:  None.

Closed at 7:12 pm  Motion by Björkman, second by Brandow, approved 6-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Alan Casasanta to operate a short-term 4626 Willow Cove until January 30, 2024 on the condition that the rental is limited to six people, and that guest parking is limited to two vehicles.

Moved by Björkman, second by Lont, approved 6-0.

 

The public hearing on the applicant Julia Vishnevsky and Alexander Zach at 5256 East Lake Road

Opened at 7:18 pm.  

Comments:  It has been rented.

Closed at 7:20 pm  Motion by Björkman, second by Brandow, approved 6-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Julia Vishnevsky and Alexander Zach to operate a short-term rental at 5256 East Lake Road. until January 30, 2024 on the condition that the firepit is moved further from neighbor if the neighbor requests it and not used when the wind carries the smoke to neighboring properties; and that the loft can accommodate four people.

Motion by Burling, second by Lont, approved 6-0

 

Public hearing for applicant ​Jesse and Kelly McNulty at 4938 East Lake Road

Opened at 7:24 pm.  

Comments:  None.

Closed at 7:25 pm  Motion by Björkman, second by Brandow, approved 6-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to ​Jesse and Kelly McNulty to operate a short-term 4938 East Lake Road until January 30, 2024 on the condition that the Rental is limited to eight people, and that guest parking is limited to three vehicles.

Moved by Burling, second by Brandow, approved 6-0.

 

Public hearing for applicant Mark and Laura Mathias at 4664 Driftwood Lane

Opened at 7:34 pm.  

Comments:  None

Closed at 7:34 pm  Motion by Lont, second by Burling, approved 6-0.

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Mark and Laura Mathias to operate a short-term rental 4664 Driftwood Lane until January 30, 2024 on the condition that the rental is limited to ten people, and four vehicles outside with additional vehicles in the garage.

Moved by Burling, second by Lont, approved 6-0

 

Public hearing for applicants Samuel Priem and Susan Zimmerman-Priem at 4646 Locust Lane

Opened at 7:44 pm.  

Comments:  None.

Closed at 7:45 pm  Motion by Björkman, second by Burling, approved 6-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Samuel Priem and Susan Zimmerman-Priem to operate a short-term 4646 Locust Lane until January 30, 2024 on the condition that guest parking is limited to two vehicles outside with any additional vehicles in the garage.

Moved by Burling, second by Brandow, approved 6-0.

 

Public hearing for applicant Hannah Stone and Carlos Bolanos at 4560 Sunset Bay

Opened at 7:49 pm.  

Comments:  None.

Closed at 7:49 pm  Motion by Björkman, second by Brandow, approved 6-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Hannah Stone and Carlos Bolanos to operate a short-term 4560 Sunset Bay until January 30, 2024 with no special conditions.

Moved by Burling, second by Lont, approved 6-0.

 

Public hearing for applicant Melissa Powers and Kristen Powers at 4568 Sunset Bay

Opened at 7:51 pm.  

Comments:  None.

Closed at 7:51 pm  Motion by Björkman, second by Brandow, approved 6-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Melissa Powers and Kristen Powers to operate a short-term 4568 Sunset Bay until January 30, 2024 with no special conditions.

Moved by Björkman, second by Burling, approved 6-0.

 

Public hearing for applicant Jason and Delphine Martin at 5578 Route 89

Opened at 7:54 pm.  

Comments:  None.

Closed at 7:54 pm  Motion by Björkman, second by Brandow, approved 6-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Jason and Delphine Martin to operate a short-term 5578 Route 89 until January 30, 2024 on the condition that the rental is limited to ten people.

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

 

Public hearing for applicant Jaclyn Joyce at 5318 Route 89

Opened at 7:59 pm.  

Comments:  The address needs to be visible for renters as well as emergency services.

Closed at 8:04pm  Motion by Björkman, second by Lont, approved 6-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Jaclyn Joyce to operate a short-term 5318 Route 89 until January 30, 2024 on the condition that the address sign is compliant with emergency-services expectations.

Moved by Lont, second by Brandow, approved 6-0.

 

Public hearing for applicant John and Annie Bachman at 5318 Route 89

Opened at 8:07pm.  

Comments: none

Closed at 8:07pm  Motion by Björkman, second by Brandow, approved 6-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to John and Annie Bachman to operate a short-term 5318 Route 89 until January 30, 2024 with no special conditions.

Moved by Brandow, second by Lont, approved 6-0.

 

Public hearing for applicant ​​​Neil and Lisa Olver at 5109 Route 89

Opened at 8:09pm.  

Comments:  None.

Closed at 8:10pm  Motion by Björkman, second by Lont, approved 6-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Neil and Lisa Olver to operate a short-term 5318 Route 89 #2 until January 30, 2024 with no special conditions.

Moved by Björkman, second by Brandow, approved 6-0.

 

Public hearing for applicant Stephen and Jeanne Blaisdell at 4820 Route 89

Opened at 8:12pm.  

Comments:  None.

Closed at 8:12pm  Motion by Björkman, second by Lont, approved 6-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Stephen and Jeanne Blaisdell to operate a short-term 4820 Route 89 until January 30, 2024 on the condition that the address sign is compliant with emergency-services expectations.

Moved by Björkman, second by Brandow, approved 6-0.

 

Public hearing for applicant Janice DeLucia at 4699 Route 89

Opened at 8:13pm.  

Comments:  None.

Closed at 8:13 pm  Motion by Björkman, second by Lont, approved 6-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Janice DeLucia to operate a short-term 4699 Route 89 until January 30, 2024 with no special conditions.

Moved by Lont, second by Brandow, approved 6-0.

 

Public hearing for applicant ​​​ Derrick and Heather Hopkins at 4571 Route 89

Opened at 8:16pm.  

Comments:  Resident some distance away notes that there is noise and amplified music every weekend, and no response from the owner or renters. The location on the water at the bend makes noise propagate especially well.

Closed at 8:16 pm  Motion by Björkman, second by Brandow, approved 6-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Derrick and Heather Hopkins to operate a short-term 4571 Route 89  until January 30, 2024 on the condition that the address sign is compliant with emergency-services expectations and that trash containers are provided. If noise continues to be a problem, that would be grounds for non-renewal.

Moved by Brandow, second by Burling, approved 6-0.

 

Public hearing for applicant ​​​Cayuga Bell and Cissy LeBlanc  at 4519 Route 89

Opened at 8:43pm.  

Comments:  Neighbors say that rental use has not been a problem for them. Neighbors ask about possibility of a variance, or having two permits for one parcel.

Closed at 8:48pm  Motion by Björkman, second by Burling, approved 6-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Cayuga Bell and Cissy LeBlanc to operate a short-term 4519 Route 89  until January 30, 2024 with no special conditions.

Moved by Björkman, second by Lont, approved 6-0.

A second application, for 4509 Route 89, was withdrawn, and the fee and application information will be credited to an application for a second building on the parcel at 4519 Route 89.

 

 

Olver Subdivision.

The Planning Board reviewed the long Environmental Assessment Form as part of the State Environmental Quality Assessment. We received that form in late November, 2022 with an amendment in December.

 

Section E3h of the EAF incorrectly stated that the property is not in a Scenic byway. State Route 89 is a state-designated scenic byway, the Cayuga Lake Scenic Byway.

Section D2b of the EAF incorrectly stated that the property is not on the shoreline of a water body. It is on the shoreline of Cayuga Lake. This is a substantive omission inasmuch as water quality in Cayuga Lake is among the most important environmental impact to consider.

Section E2c, E2d, E2e and E2f of the EAF incorrectly stated that the soils were well drained. The applicant was allowed to amend the application to show that about 75% of the property is moderately well drained and 25% is poorly drained. This is a substantive omission given that damage from downslope water movement is a major environmental concern in this part of Varick.

 

Resolution:

For the major subdivision of Parcel 9-1-28.12, the Varick Planning Board declares itself the lead agency for environmental quality review.

The Varick Planning Board classifies the proposed action as an Unlisted action.

Upon review of the Environmental Assessment Form, the board finds that the proposed action has several potential adverse environmental impacts that can minimized if specific conditions are met.

The declaration is conditional on the following.

Because the property is on the Cayuga Lake Scenic Byway, any development must meet the provisions of that Scenic byway organization.

Because the development would generate domestic wastewater, the septic systems must be west of Route 89 to protect Cayuga Lake.

Because development could alter or encroach on Cayuga Lake, its beach and shoreline, any development must preserve the integrity of the shoreline and maintain enough trees so that their root systems prevent erosion of the bank, and construction should not alter the shoreline.

The Varick Planning Board makes a Conditional Negative Declaration of Environmental Impact.

 

 

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

 

Resolution

The Varick Planning Board conditionally approves the major subdivision of Parcel 9-1-28.12.

The subdivision is to seven parcels.

 

●      Parcel 1 is the manor house and adjacent barns and orchards.

●      Parcel 2 is farmland with connector to Rt 89 frontage

●      Parcel 3 is a former winery with a driveway to Rt. 89.

●      Parcels 4-7 are 1.4 acres straddling Rt. 89 and approximately 185 ft of road and lake frontage.

 

The subdivision was reviewed by the Seneca County Planning board which recommended approving the proposed dimensions.

 

This approval is conditional on meeting the conditions of the Conditional Negative Declaration in the State Environmental Quality Review.

 

Furthermore, whereas no subdivision of undeveloped lakeshore of comparable size have been approved previously, special attention needs to be placed on preserving this natural feature under Article IV, Section 7 F of the Subdivision Code. Public comment to the planning board has revealed this feature is highly valued by the community. Therefore trees west of St. Rt. 89 should be retained enough that erosion and flood damage are not increased and to maintain a vista that is framed by trees. To the greatest extent possible, red oaks with a diameter at breast height over six inches shall be preserved with their root protection zone. In addition, houses on the east side of parcels 4, 5, 6 and 7 should be no wider that 50 feet in the north-south dimension.

 

 

Moved by Long, second by Lont, approved 5-0

 

 

Adjournment.

Moved by Lont, second by Brandow, approved 5-0. Adjourned at 9:40 pm

Varick Planning Board Minutes December 15, 2022

Present: Linda Mastellar (chair), Cindy Lont, Lauren Burling, Frankie Long, Absent: Thomas Björkman (Secretary). Two vacancies. Julia Stanley (Clerk)

Guests: Seth Brandow, Brian Zerges, Brent Toner, Jason Streeter, Jill Sandroni, Tom Sandroni, Val and Tim Dorn, Annie Bachman, Terrance Faust, Neil and Lisa Olver, Rick Watts, Steve Marsh. Nathan Harris.

Called to order at 6:59 pm

Announcements: April Freier resigned from the Planning Board effective December 1. The Town Board has asked Sean Brandow to serve.

Minutes for November

Lauren not there. April present.
Accept minutes as revised. Moved by Burling, Second by Lont. Approved 4-0.

General public comment.

Unidentified speaker: If someone has been operating a short-term rental without neighbor complaints, what will change?

Short term Rentals

Public hearings were held on 12 applications for short-term rental permits.

The public hearing on the applicant Faust at 4710 E. Lake Rd
Opened at 7:10 pm. Motion by Lont, second by Burling, approved 4-0

Comments: Limit is 10 guests, Mr. Faust requested 14. Burling and Mastellar discussed the limit and informed him it was a firm limit according to the law.

Closed at 7:12 pm

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Mr. Faust to operate a short-term rental at 4710 E. Lake Rd. until January 30, 2024 on the condition that the maximum occupancy is 10 guests.

Moved by Burling, second by Long, approved 4-0

The public hearing on the applicant Youngblood at 4847 E. Lake Rd Opened at 7:15 pm. Motion by Lont, second by Burling, approved 4-0

Comments: There were comments regarding signs by neighbors, as well as trash and parking issues.

Closed at 7:18 pm

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Mr. Youngblood to operate a short-term rental at 4847 E. Lake Rd. until January 30, 2024 on the condition that the maximum number of parking spaces is 4, the maximum number of guests is 6, and visible house numbers are placed on the property.

Moved by Burling, second by Lont, approved 4-0

The public hearing on the applicant Hedworth at 5053 E. Lake Rd Opened at 7:21 pm. Motion by Lont, second by Burling, approved 4-0

Comments: Past issues with guests not staying on property, signs are now posted. Closed at 7:23 pm

Resolution. The Varick Planning Board approves issuing a Short-Term Rental License to Mr. Hedworth to operate a short-term rental at 5053 E. Lake Rd. until January 30, 2024 on the condition that trash cans have lids.

Moved by Lont, second by Long, approved 4-0

The public hearing on the applicant Henzke Trust at 5252 E. Lake Rd Opened at 7:24 pm. Motion by Lont, second by Long, approved 4-0

Comments: none Closed at 7:25 pm

Resolution. The Varick Planning Board approves issuing a Short-Term Rental License to Henzke Trust to operate a short-term rental at 5252 E. Lake Rd. until January 30, 2024 without additional conditions.

Moved by Long, second by Lont, approved 4-0

The public hearing on the applicant Zeitler at 5326 E. Lake Rd
Opened at 7:26 pm. Motion by Burling, second by Long, approved 4-0

Comments: Parking is max 7 not 8, with 2 in garage and 5 in drive, need visible house number.

Closed at 7:27 pm

Resolution. The Varick Planning Board approves issuing a Short-Term Rental License to Mr. Zeitler to operate a short-term rental at 5326 E. Lake Rd. until January 30, 2024 on the condition the maximum number of parking spaces is 7.

Moved by Lont, second by Burling, approved 4-0

The public hearing on the applicant Cindy Lont at 5621 E. Lake Rd Opened at 7:29 pm. Motion by Burling, second by Long, approved 4-0

Comments: none Closed at 7:30 pm

Resolution. The Varick Planning Board approves issuing a Short-Term Rental License to Cindy Lont to operate a short-term rental at 5621 E. Lake Rd. until January 30, 2024 without additional conditions.

Moved by Burling, second by Long, approved 4-0

The public hearing on the applicant Wendy Doyle at 5644 E. Lake Rd Opened at 7:31pm. Motion by Burling, second by Long, approved 4-0

Comments: none Closed at 7:32 pm

Resolution. The Varick Planning Board approves issuing a Short-Term Rental License to Wendy Doyle to operate a short-term rental at 5644 E. Lake Rd. until January 30, 2024 on the condition that the Planning Board is provided with a second contact number.

Moved by Burling, second by Long, approved 4-0

The public hearing on the applicant Toner at 4658 Locust Ln.
Opened at 7:34 pm. Motion by Lont, second by Burling, approved 4-0

Comments: Max parking is 2 Closed at 7:35 pm

Resolution. The Varick Planning Board approves issuing a Short-Term Rental License to Mr. Toner to operate a short-term rental at 4658 Locust Ln. until January 30, 2024 on the condition that the maximum number of parking spaces is 2, and that the operator talks to neighbors about fire pit proximity.

Moved by Burling, second by Lont approved 4-0

The public hearing on the applicant Sandroni at 4832 State Rt. 89 Opened at 7:37 pm. Motion by Burling, second by Long, approved 4-0

Comments: She mentioned it was a family home, only rented occasionally Closed at 7:39 pm

Resolution. The Varick Planning Board approves issuing a Short-Term Rental License to Sandroni to operate a short-term rental at 4832 State Rt. 89 until January 30, 2024 with no additional conditions.

Moved by Lont, second by Burling, approved 4-0

The public hearing on the applicant Olver at 5102 State Rt 89 (rear) Opened at 7:41 pm. Motion by Burling, second by Long, approved 4-0

Comments: Annie Bachman asked who is to be notified, if it was neighbors within 500 feet from property line or from the building to be rented, the wording is ambiguous. She has no issue with the rental application.

Closed at 7:43 pm

Resolution. The Varick Planning Board approves issuing a Short-Term Rental License to Neil & Lisa Olver to operate a short-term rental at 5102 State Rt 89 (rear) until January 30, 2024 with no additional conditions.

Moved by Lont, second by Burling, approved 4-0

The public hearing on the applicant Streeter- Brown at 5233 State Rt 89 Opened at 7:45 pm. Motion by Lont, second by Burling, approved 4-0

Comments: House number needs to be visible, poor site plan, parking issues. Neighbor Nathan Harris, in attendance, brought up several incidents with guests. Two cars is the maximum that fits on the property, otherwise the parking is too tight. The applicant requested three, Tim Dorn explained why the maximum is two. Harris brought up safety concerns with guests going off property and accessing water due to undefined property line. Ten guests is too many, citing fight between guests affecting his family and property Thanksgiving Day and night. Jason Streeter- Brown was very amenable discussing solutions with Mr. Harris. Agreed to a maximum occupancy 8 guests.

Closed at 7:50 pm

Resolution. The Varick Planning Board approves issuing a Short-Term Rental License to Mr. Streeter to operate a short-term rental at 5233 State Rt 89 until January 30, 2024 on the condition that max occupancy is 8, the maximum number of parking spaces is 2, and that the boundaries of the property are clear to guests.

Moved by Burling, second by Lont, approved 4-0

The public hearing on the applicant Tim Dorn at 5549 State Rt 89 Opened at 7:57 pm. Motion by Burling, second by Lont, approved 4-0

Comments: none Closed at 7:30 pm

Resolution. The Varick Planning Board approves issuing a Short-Term Rental License to Tim Dorn to operate a short-term rental at 5549 State Rt 89 until January 30, 2024 without additional conditions.

Moved by Lont, second by Burling, approved 4-0

Olver Subdivision.

The Planning Board reviewed the Environmental Assessment Form as part of the State Environmental Quality Assessment. We received that form in late November.

The board cannot make a negative SEQR declaration yet because there was incorrect information about soils and there are issues that need closer scrutiny.

The chair reminded the applicants about the procedure, the fact that this is a Major Subdivision requiring that those rules be followed, and that the SEQR requires addressing concerns with erosion, flooding, visual impact, community character that are raised by this application.

Resolution:

The Varick Planning Board will submit the application Final Plat for the major subdivision of Parcel 9-1-28.12 to the Seneca County Planning Board.

The Varick Planning Board requests that the Town Board provide legal support under Local Law No. 2 of 2022 in order to assist with the State Environmental Quality Review.

Moved by Burling, Second by Lont. Approved 4-0.

Zoning Code Revisions

The board discussed final revisions of the proposed Zoning Code, incorporating technical corrections from the Town attorneys and clarification from various town officials.

Two items needed attention.

Resolution:
The Varick Planning Board submits the draft of December 12, 2022, amended with these two changes, to the Varick Town Board with the recommendation that they act to adopt it as town law.

In section 315.2, delete "Applications from short term rental owners, received by Jan. 31, 2023 and who owned the property before July 19, 2022, will be exempt from the limit." because that provision will be moot when the code takes effect.

In section 501.1 Replace the two incomplete sentences with “Discontinued nonconforming uses or residential occupancy shall not be resumed. A use shall be considered discontinued

one calendar year after cessation of use or condemnation by the County Health Department.”

Adjournment.
Moved by Burling, second by Long, approved 4-0. Adjourned at 9:05 pm

Varick Planning Board Minutes November 17, 2022

Present: Linda Mastellar (chair), Cindy Lont, Lauren Burling, Frankie Long, April Freier
Absent: Thomas Björkman (Secretary). One vacancy. Julia Stanley (Clerk)
Guests: Richard Olsen. Nancy LoFaro, John Bachman, Annie Bachman, Neil Olver, Lisa Olver, Tom Smith (atty for Olvers), Steve Marsh, Jim Foggo, Eric Riegel, Mari Riegel, Robert Gillespie, Bob Hayssen.

 

Called to Order at 7:00

 

Approval of Minutes from October

Moved by Lont, second by Freier, approved 5-0.

 

Stoltzfus subdivision.

County recommended approval.

Public hearing on application for subdivision and State Environmental Quality Review.

Opened at 7:08

No comments

Closed at 7:09. Moved by Long, second by Freier, approved 5-0

State Environmental Quality Review

Resolution

The Varick planning board issues Final Approval of the Stoltzfus minor subdivision. This action divides parcel 14-1-21 at Rt 414 and Col Rd. 129, consisting of 69.236 acres into three parcels with the two smaller rectangular parcels consisting of approximately 15 acres and approximately 400 feet of road frontage.

 

The applicant supplied an Agricultural Data Statement. The land is in agriculture, as are the adjoining properties. 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 and finds that this is an Unlisted Action. 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, which recommended approval.

 

Moved by Lont, second by Long, approved 5-0

 

 

 

Olver subdivision

Public hearing on application for the major subdivision and State Environmental Quality Review.

This public hearing is being held under Article III, Section 4 E within 45 days of the official submission of the subdivision plat (October 27, 2022). Following the public hearing, the Planning board has 45 days to approve, conditionally approve or deny the application. This time may be extended by mutual consent of the subdivider and the Planning Board.

 

Opened at  7:10

Nancy LoFaro, Neighbor. Subdivision sounds good.

Annie Bachman. Neighbors on South for 27 Years. This is the third owner of the property in this time. It is an obvious opportunity for subdivision, and surprising that it hasn’t happened. Hoping for an uncrowded subdivision. The proposed lots with large roadfront and lakefront are good. As chair of Zoning Board of Appeal, so very familiar with construction limitations in Zoning Code. Those appear to be sufficient. They meet the minima for subdivision code. Have heard some people speculate that the subdivision would come before the ZBA. That seems unlikely because the subdivision is not a zoning action.

Rich Olsen. 5404. For 23 years. Was on planning board when first discussed in August 2020. The board said then that it can only make judgement after plat is submitted.  Dividing agriculture to a neighboring farmer is good. The lake lots have good acreage, the restrictions on development would depend on highway department, zoning code and building code.

Tom Smith Attorney for Olvers. Interested in setbacks and wants to have letter on record. Feel that having restrictions on a subdivision that are beyond what is in the Zoning Code is unreasonable. And the owner feels that they would be arbitrary and capricious and opposed to equal protection under the constitution and deserve due process.

Jim Foggo. 4636 Rt 89.  Thanked the board for trying to look out for community interest and applying stipulations as allowed in the Subdivision Code for major subdivisions. Family has lived here for 150 years and appreciates the community character.

In addition, a letter was received from Mark and Jennifer Sawyer indicating support for the subdivision and encouraging eventually adding tree protection to the zoning code.

Closed at 7:25. Moved by Lont, second by Freier, approved 5-0

Chair Mastellar clarified that this is a Subdivision action, and the Subdivision Code clearly allows requiring restrictions on major subdivisions. This process is not applying more restrictions on the Olver’s application. The Planning Board applied the same scrutiny to the previous major subdivision. The Planning Board is very concerned about the coverage on the lots along the lake, and that issue is a substantial environmental and natural-feature concern of this proposal.

The board found that the application contained incorrect information about soil, slope and water drainage in the Environmental Assessment form, overestimating the drainage potential of the soil. That information needs to be complete and correct before the Board can conduct State Environmental Assessment Review and send the application to the County Planning Board.

7:45      Entered executive session to discuss a matter of proposed litigation.

8:13      Returned from Executive session

 

Motion to table further discussion and SEQR review to next month. Moved Lont  Second Long  passed 4-0

Short Term Rentals

 

Fifteen applications are ready for public hearing in December. Four more arrived this week. Letters will go to neighbors. Some applications are incomplete and the applicants were given an opportunity to update or complete.

 

Septic requirement. Code Enforcement Officer is concerned about changing the inspection process after the applications are in. The board agreed that applicants should be judged by the rules in place when the permit is issued. It is important that the criteria for a functioning septic be explicit so that they can be easily fulfilled.

 

A subdivision involving a non-conforming lot is in the works and the owner wants guidance on the procedure. County Planner Harriet Haynes indicated that the subdivision request can go to the Zoning Board of Appeals directly, then to the Planning Board. The ownership of a former railroad bed that bisects the lot is unclear.

 

Additional updates to Zoning Code

 

The board discussed the Town Board’s comments and suggested changes to the proposed revisions to the zoning code that address some loopholes and unclarities.  We also had feedback from the Code Enforcement Officer and the Zoning Board of Appeals Chair.

 

Those comments asked the Planning Board to improve the definitions for structure, two-household dwelling, craft beverage tasting room. Cottages should be removed or defined.

 

ZBA chair Bachman made a case for a uniform 15-foot side setback in the Lakeshore Residential District, and thought that 25% coverage allowance is high when you see it in practice.

 

Resolution:

 

The Varick Planning Board recommends that the Town Board adopt the Zoning Code amendments with the tonight’s revisions the November Town Board meeting.

 

Moved by Lont, second by Long, approved 5-0.

 

Adjournment

Moved by Freier, second by Lont, approved 5-0.

Adjourned at 9:27