Informational meeting on proposed code revisions

The Varick Planning Board invites all residents to attend an information meeting about the proposed revisions to the zoning code.

The resident's vision for the future of our town were identified and goals for realizing that vision were adopted in the Comprehensive Plan in 2005. As a result of the Comprehensive Plan, it was clear that people wanted provisions in the zoning code to protect the quality of life that made them choose to live in Varick. The Planning Board has put in two years of hard work to develop those provisions. We will present the results at this meeting.

Wednesday, October 17, 2007
7:30 pm
Varick Fire Hall
State Rt. 96A

September 2007 Agenda

Varick Planning Board
Agenda
September 27, 2007

Approve minutes
August 23, 2007

Committee reports: none

Information items:

Commercial use of Carl Stuck property:
East Coast Flooring, Jennifer Salone and Joseph Sapio, Atty at Law

Discussion items: none
New Business: none
Old business:

Zoning Code

• “Grandfathering needs to be specific” for uses, structures and lots that become non-conforming
• What is seasonal use of travel trailer?
• Information meeting: date, location, outline, advertising
• Small Business Park and Institutional south border
• Special Uses
• Common Access

New subdivision proposals: None

Set next meeting time: Currently scheduled for October 25, 2007 7:00 pm

Adjourn

August 2007 Minutes

Varick Planning Board
Minutes
August 23, 2007

Meeting called to order: 7:05pm

Attendees: Thomas Bjorkman(Chairman), Bill Larzelere, Frankie Long, Larry Peterson,
Absent: Annie Bachman, Kevin Swartley, Bob Kayser

The July meeting minutes were approved .

The following discussion was on an effort to develop a coordinated Docks and Moorings ordinance between the various towns in the Cayuga and Seneca Lake watersheds

The initial discussions will probably be between Varick, Ovid, Romulus and Fayette and be focused on the Cayuga Lake shoreline.

The Cayuga Lake Watershed Staff will be paid to facilitate the group effort.
Volunteers from the Towns are going to be solicited to serve on a committee. Suggestions for people are welcomed.


The next topic was a report on the draft Dog Ordinance presented to the Varick Town Board
John Vincent (town dog control officer) was present.
After reading and discussing the ordinance, the Board took no action to adopt the ordinance.
Approved Kennels must follow Ag and Markets rules and regulations for their operation.
Art Sherman (local veterinarian) will meet with Joan Teichner (Town Supervisor) to discuss the ordinance and his recommendations of issues related to vicious dog behavior.


The next topic was a discussion on the status of the new Zoning Code the Planning Board has been working on.
Harriet Haynes (Seneca County planner) has read the new code and likes the changes. She likes the separation of the districts.
She suggests that 7/10ths of an acre is small for a building lot in the Ag and Rural district because of the code requirements for being able to have enough space for two septic fields on the property and distance from the water well. Her suggestion was 1 acre lots.

Existing lot sizes and setbacks will be grandfathered and people applying for permits will work with the Zoning Board of Appeals to come up with acceptable sizes and setbacks when changing their land usages.

Harriet suggested a Bulk Table for all the setbacks, standards,etc. for the various Districts so a person could look at one table and find all the pertinent development information. Thomas will reformat for the final draft.

A map of the new Zoning Code Districts is needed to be included in the document. Greater Finger Lakes Planning Council has the capabilities to do this. A motion was made by Frankie Long to contract with this group to create a map of the new Districts in the Town of Varick. It was seconded by Larry Peterson and the vote was unanimous. Thomas will arrange.

Thomas would like to have a Public Hearing on the new Zoning Code before the October meeting of the Town Board. He also would like Planning Board members to go over the new code with individual board members before the public hearing to answer any questions and assure their support. After discussion, it was agreed when Thomas gets the final draft to the Planning board members, Bill Larzelere will meet with Kurt Karlsen, Frankie Long and Larry Peterson will meet with Jeff Case, Thomas Bjorkman will meet with Joan Teichner and Kathy Russo and Thomas will ask Annie Bachman to meet with Dick Peterson.

Thomas would also like Planning Board members to line up support people that would be willing to say a few words in support of the new Zoning Code effort.

The next meeting was scheduled for September 27th 2007 in the Varick Fire Hall.

The meeting was adjourned at 8:00 PM

Respectfully Submitted,
Bill Larzelere
Secretary


Approved Sept. 27, 2007

August 2007 Agenda

Varick Planning Board
Agenda
July 26, 2007

Approve minutes
June 28, 2007 5 min

Committee reports: none

Information items:
Discussion items:
New Business
Ordinance regarding dangerous dogs 60 min
Old business:
Zoning Code 30 min
Definition and regulation of “Camp;” a structure less than a dwelling but more than a shed. Not an accessory structure if the lot has no main structure.
Permit requirement for 120+ days travel trailer on others’ property
Flood zone: Change datum and minimum height?

New subdivision proposals: None

Set next meeting time: Currently scheduled for August 23, 2007 7:00 pm

Adjourn

July 2007 Minutes

Town of Varick Panning Board Meeting Minutes

Date of meeting : July 26, 2007

Meeting called to order: 7:10pm

Attendees: Thomas Bjorkman(Chairman), Bob Kayser, Bill Larzelere, Frankie Long, Larry Peterson, Kevin Swartley
Absent: Annie Bachman

Thomas Bjorkman informed the Board that Larry Peterson was stepping down as Secretary of the board and thanked him very much for the many years of performing this task. All agreed he had done a great job. Thomas then said that Bill Larzelere had volunteered to take over the duties for a one year period.

The June meeting minutes were approved with 5 revisions .

The following discussion was on an ordinance for dangerous and/or vicious dogs in the town.
Thomas said the Town Board had asked our Board to craft an ordinance after several complaints from town residents of being harassed or threatened by such dogs, specifically on the East Lake road.

Frankie Long and Thomas Bjorkman had done research on some existing ordinances and submitted one from the Town of Utica as an example for discussion. The ordinance from Ag and Markets was also brought to the table. Ag and Markets version was the least strict allowed and Towns could be more strict.
It was noted that the ordinance cannot discriminate against any certain breed of dog.

Bob Kayser had done Web searches and had many useful definitions. One being:
“A potentially dangerous dog is any dog which when unprovoked on two separate occasions within the prior 36 months engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog.”
It was decided to use this definition and also language in Paragraph 1 of the Utica ordinance in describing dangerous/vicious dogs.

Kevin Swartley had talked to Judge Case who felt that the Ag and Markets version lacked “teeth” to allow him to be effective in discouraging these types of animals and prosecuting cases of people being harassed by them.

After discussion, Bob Kayser made a motion that a fine for an offense be a $1000 dollar fine and up to six months in jail for each violation of the ordinance. Larry Peterson seconded the motion. Approved unanimously.

It was also decided that electronic (invisible) fencing was not adequate for containment of these animals.

It was then discussed how dogs that were determined by the courts to be dangerous/vicious could be moved to a lower level by having behavioral pattern improvements verified by the ASPCA or other accredited organization. This was in the Town of Utica ordinance.

Thomas suggested giving the Town Board language about owners, of dogs being taken for walks, being responsible for picking up fecal matter from their animal. He also suggested some leash law language. After discussion and suggestions that maybe this wasn’t the place for such language, it was decided for Thomas to craft the language and let the Town Board decide if this is something they would want to see in this ordinance.

Kevin Swartley made a motion that the Town of Utica Ordinance, with our changes and additions discussed, be presented to our Town Board as the Town of Varick Dangerous/Vicious Dog Ordinance. Bob Kayser seconded and it passed unanimously.


The next topic was a discussion on Personal Travel Trailers

Temporary hunting and camping camps on owners property are acceptable as long as healthy hygiene practices are followed in water and sewage.

Modification to Travel trailer code: 21 days OK- After 21 days permit is required and after 120 days travel trailers are not permitted.
Must conform to all health codes for electrical, water and sewage with no sewage discharge permitted.
Code Enforcement Officer has discretion for siting and setbacks.
Thomas Bjorkman has language details decided upon.
Kevin Swartley moved to make the above changes to the code. Larry Peterson seconded, and it passed unanimously.

The next topic was a discussion on a change to the Zoning code on page 7 paragraph 6 Flood Zone lowest living level.

Change lowest living level for new construction in the town from 1 to 2 feet above the 100 year flood level.

Bob Kayser moved to make this change. Larry Peterson seconded and it passed unanimously.

Next Topic for discussion was a definition for Commercial Property for the new Zoning Code

Definition discussed and agreed to. Thomas Bjorkman has language details decided upon. Bob Kayser moved to accept the definition, and Frankie Long seconded. The vote was unanimous.

Kevin Swartley brought up the need to better define “Common Access” roads and development regulations on them, in the Zoning Code. Because of time restrictions, this was noted as a topic for the next meeting.

The next meeting was scheduled for August 23rd 2007 in the Varick Fire Hall.

The meeting was adjourned at 8:50 PM

Respectfully Submitted,
Bill Larzelere
Secretary

Approved August 23, 2007

July 2007 Agenda

Varick Planning Board
Agenda
July 26, 2007

Approve minutes
June 28, 2007

Committee reports: None
Information items: None
Discussion items: None

New Business

• Ordinance regarding dangerous dogs

Old business:

• Zoning Code
  
  • Definition and regulation of “Camp;” a structure less than a dwelling but more than a shed. Not an accessory structure if the lot has no main structure.
  • Permit requirement for 120+ days travel trailer on others’ property
  • Flood zone: Change datum and minimum height?

New subdivision proposals: None

Set next meeting time: Currently scheduled for August 23, 2007 7:00 pm

Adjourn

June 2007 Minutes

Varick Planning Board
Minutes
June 28, 2007

The Varick Planning Board met June 28, 2007 at 7 PM at the Varick Firehouse. In attendance were Thomas Bjorkman, Larry Peterson, Kevin Swartley, Annie Bachman, Bob Kayser, and Bill Larzelere. Absent was Frankie Long.

Two minor changes were made to the minutes from May 24, 2007 and they were approved.

There is a grant possibility for Farmland Protection. Harriet Haynes is aware of it and the county and other towns may also apply for this grant as well as the Ag Enhancement Board of which Kevin Swartley is a member. Anne Bachman made a motion that we notify the county we are interested in this grant. Kevin Swartley seconded the motion and it was carried.

Bill Larzelere gave us a presentation on the definition of a Laboratory/R&D facility. It was modified as follows: A place where scientific research and development is conducted and analysis performed. Most laboratories are characterized by controlled conditions (temperature, humidity, cleanliness). Procedures often include sampling, pre-treatment and treatment, measurement, calculation, and presentation of results. Some examples of technologies studied and industries served would be pharmaceutical, electronics, life sciences, materials, nanotechnology, biotechnology, petroleum, chemical, food and agricultural, manufacturing, methods and support for many other industries.

Bob Kayser made a motion to accept this definition. Annie Bachman seconded the motion and it was carried.

Annie Bachman gave a report on vehicle sales and service. Vehicle service: An establishment that, for compensation, is wholly or partially engaged in the business of repairing or diagnosing motor vehicle malfunctions or repairing motor vehicle bodies, fenders or other components damage by accident or otherwise. it includes establishments whose activities consist solely of fueling, changing oil, water, batteries or tires, replacing fan belts, air filters or oil filters; and those engaged in the business of repairing road building machines, farm machines, lawn machines, garden machines, and vehicles registered as special purpose vehicles.

Bob Kayser made a motion to approve this definition. Annie Bachman seconded it and it was carried.

Vehicle sales: An establishment regarded as a dealer under section 78.1(a) of New York Motor Vehicle Dealers and Transporters regulation. Selling, or offering for sale, more than five motor vehicles, motorcycles or trailers, other than mobile home trailers, in any calendar year, or who displays or permits the display of three or more motor vehicles, motorcycles or trailer for sale at any one time or within any one calendar month upon premises owned or controlled.
Annie reported that there is much information in the state DMV law that we can just reference rather than rewriting it all ourselves. Kevin Swartley disagreed with the concept of a strict limit on this type of new business coming into Varick.

Bill Larzelere made a motion to approve this sales definition. Bob Kayser seconded it and it was carried with Kevin Swartley opposed.

Larry Peterson reported on the definition of a warehouse: a business whose principal activity is the storage of merchandise or materials for others, and which occupies an total area greater than 1000 square feet. It seems to be the consensus that warehouses will only be allowed in the institutional zone. Kevin Swartley noted that FLTG has now taken over any vacant space in the institutional zone effectively eliminating any new warehouses in Varick. A motion was made by Bob Kayser to accept this definition. Bill Larzelere seconded it and it was carried with Kevin Swartley opposed.

We had an extensive discussion on multi-family dwellings as stand alone units and above retail and commercial space. Dwelling above retail space: must meet the following criteria: the total building must be at least 2000 square feet of usable space. The dwelling area should be no less than 550 square feet. Kitchen facilities must include at least a stove, refrigerator, and sink suitable for dish washing must be present in each dwelling unit.

Bathroom facilities including at least a tub or shower, toilet and lavatory must be present inside each dwelling unit.

Must provide no fewer than 2 off street parking spaces per dwelling unit. It shall not detract from the visual aesthetics of the neighborhood

Dwelling: Any building or structure or part thereof, used and occupied for human habitation, or intended to be so used. The terms dwelling unit, one-family dwelling, two family dwelling, and town house dwelling shall not be deemed to include, motel, hotel, rooming house, bed & breakfast, or other accommodations used for more or less transient occupancy of less than 30 days,

Dwelling, multi-family: One or more dwellings located on a single lot or on contiguous lots with common ownership providing separate dwelling units for 3 or more families including condominiums and cooperative apartment buildings.

Travel trailer. No motor home, camper, or similar travel vehicle shall be parked or located overnight within the town except a) On the property of the owner. If used as a permanent seasonal residence, setback for structures must be met. May not be used as permanent year-round housing. Bob Kayser made motion to approve the first exception for travel trailers. Bill Larzelere seconded it and it was carried.

Mobile Home. All mobile homes shall be on a permanent foundation that goes below frost line, with anchors or tie-downs capable of securing the stability of the mobile home. All mobile homes shall be provided with skirting to screen the space between the mobile home and the ground shall be of a material which shall provide a finished exterior appearance. Mobile homes not on a pad or foundation, or unoccupied for 12 months, must be disposed of off the property.

Bob Kayser made a motion to approve this requirement for mobile homes. Annie Bachman seconded it and it was carried.

Chairman Bjorkman said he thinks we are at the point where we should give our product to Harriet Haynes in the county planning board for her comments. Everyone agreed.

There being no further business, the meeting was adjourned at 9:20 PM.

Respectfully,

Larry Peterson
Secretary

Approved July 26, 2007