Draft Minutes to January 24, 2008 Meeting

Town of Varick Planning Board Meeting Minutes

Date of meeting: January 24, 2008

Meeting called to order: 7:00pm

Attendees: Thomas Bjorkman (Chairman ),Bob Kayser, Bill Larzelere, Frankie Long, Larry Peterson, Kevin Swartley
Absent: None ( Annie Bachman is now on Zoning Board of Appeals)

The December meeting minutes were not available for approval so approval was tabled until the next meeting.

DEC SEQR lead agency

• Chairman Bjorkman read a letter he had received from the DEC stating its’ intent to take the Lead Agency role in the SEQR review for the proposed Sessler Development project for the Depot.
• Restated was the fact that Sessler had put the application “on hold” for 90 days and that no action would be taken regarding SEQR until the complete and revised project was resubmitted.
• Kevin Swartley stated that a meeting with the DEC, Seneca County, and our Board would be wise and suggested either inviting them to our next meeting or calling a special meeting to talk about the SEQR process as related to the Sessler Project. After Board discussion, it was decided to invite them to a special meeting on February 21st in the county building. Thomas Bjorkman will make the contacts and try to arrange.
  
  Zoning Code Revision Changes
• Chairman Bjorkman passed out copies of the new Zoning Code Revision and noted that sections and some language had been lined out after discussion with our Town Board. This language was the parts of the code that the Town Board had questions about and objected to at the time it was presented to them for adoption. The Planning Board had agreed to revisit this language and clarify or change.
  
• Chairman Bjorkman’s suggestion was that we develop and define the “intent” of the language recognizing that it was included to reflect the results of the Comprehensive Plan public surveys. Then we would work with the Town Board to develop wording that addressed the concerns.
• Section 309.2 “A” Unregistered Vehicles: discussion of the intent was about the need to control the unsightly accumulation of unregistered vehicles and/or junk cars on properties. Our existing code has a Junk Car ordinance.
• Section 501.2 – Non-conforming uses in Lakeshore Zone- discussion of the intent was to make sure an acceptable operation of a grandfathered business was not turned into and unacceptable operation when the business changed ownership. This could happen by increasing the footprint of the business “sprawl”, unacceptable increase in traffic based on the road conditions and/or residential character, etc. Renovation and improvement of the non-conforming business would be encouraged.
• Section 309.2 “B”- Unused Farm Equipment- discussion of intent was to control equipment “junkyards” rather than a few pieces of unused equipment in a persons hedgerow.
• Section 309.4 “D” and 309.5 “E” Parking of tractor trailor trucks in Lakeshore and Hamlet Zones- discussion of intent was to provide for a quiet neighborhood without restricting a persons ability to make a living. It was noted that the existing language does not exclude them, but allows for a Special Permitting process for them to park in these zones. The permit and process needs to be defined and a time limit for the permit included in the definition. Part of the process may include acceptance by the neighbors.

Section 310.3 One bay firehouse in Lakeshore Zone.- Discussion of the intent was for safety of public when operation of the trucks on a road that was not designed for large trucks traveling at higher speeds. It was recognized that a firehouse nearby is an asset to an area. If a firehouse needs to be built, all siting options should be investigated considering all the publics safety.

Plans for 2008

Chairman Bjorkman presented a few ideas for discussion for 2008

· Noise Ordinance

· Discussion with IDA about businesses that would enhance the community and developing a closer working relationship.

· Encourage Broadband Internet access in the Town

· Bob Kayser- Wind Generator ordinance that would address safety concerns without being overly restrictive.

Planning Board Reorganization

• Chairman Bjorkman noted changes to the makeup of the Board.
  
  Annie Bachman will now be on the Zoning Board of Appeals
  Larry Peterson will leave the Board as his term expired and does not wish to continue.
  Kevin Swartley submitted his name to be reinstated for another term
  Thomas Bjorkman wishes to “pass the gavel” of Chairman but remain on the board.
  Two new positions will be open for appointment replacing Larry and Annie.
  
• Chairman Bjorkman moved to thank Larry Peterson for many years of service and a job well done- Bob Kayser seconded- Motion passed unanimously with gratitude from all.
• Chairman Bjorkman moved to appoint Bob Kayser the new Chairman. Frankie Long seconded- Discussion followed including possibly waiting for the new Board members to be appointed. Vote- passed unanimously - The gavel was passed to Bob for the rest of the meeting and beyond.
  
  Next Meeting:
  
  Thomas will try to arrange a February 21st meeting with the DEC, Seneca County, and our Planning Board concerning the SEQR Lead Agency role for the Sessler proposal.
  
  Our next regular meeting will be February 28th at 7:00pm in the Varick Firehall.
  
  Meeting adjourned at 8:45pm.
  
  Minutes respectfully submitted,
  Bill Larzelere- Secretary

Date of meeting: December 27, 2007

Meeting called to order: 7:00pm

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

o Guests at meeting: Four members of the public

Acting Chairman Bob Kayser called the meeting to order at 7:00pm describing the meeting as a “special” meeting to discuss 1 agenda item. The Town of Varick Planning Boards possible acceptance of Lead Agency status in the SEQR process for the proposed “Sessler Depot Development Project”. He stated there would be no discussion of the merits or lack thereof for the project itself.

• Seneca County has deemed the project requires a type 1 SEQR evaluation.
• Because of the project submittal date, January 10th 2008, is the final date for a Lead Agency to be declared for the SEQR process.
• The two “involved” agencies have been identified as the Seneca County IDA and the Town of Varick Planning Board. The Planning Board is “involved” because of the recently passed Zoning Code amendments that require a Special Use Permit for the Conservation and Green Energy Zone on the former Seneca Army Depot that Sessler Co. proposes to use for their project.

Discussion followed about the reasons for or against being the Lead Agency and the workload involved.

• Bob Kayser said that if our Board is the Lead Agency, we will be able to hire experts to clarify any issues or perform studies required to be able to properly evaluate the project. The costs for the experts would be borne by the project applicant. There are limits to these costs which will be determined.
• Carol Richardson (guest) stated that she was at the County Supervisors Committee meeting chaired by Dave Kaiser and they did not act on Sessler’s request for a 90 day extension of the project evaluation phase to allow time for public input at several proposed meetings to resolve many publicized objections to the project.
• Bob Kayser said that our Planning Board SEQR evaluation would begin when the final project was presented to us with any changes after any proposed extension period.
• Kevin Swartley stated that our Board members should not actively participate in any of the public meetings because of a conflict of interest and the need for us to be objective in the SEQR evaluation. All agreed.
• Bill Larzelere stated that in his opinion, the public input meetings and extension period was a good idea and would probably make the Boards SEQR evaluation job easier because the plan would come to the Board in a more complete and widely accepted form.
• Annie Bachman informed the Board that she will be leaving the board because of time constraints with business and family. She may continue community service on the Zoning Board of Appeals. She stated her Planning experience will be an asset to this job and she will be able to schedule the fewer meetings. All agreed she will be missed and thanked her for her service.
• Frankie Long made a motion that the Town of Varick Planning Board accept the Lead Agency role in the SEQR evaluation for the upcoming Sessler Depot Development Project. Bill Larzelere seconded the motion. Motion passed with 5 in the affirmative and 1 abstention.
  

Motion to close meeting from Larry Peterson,
Seconded Frankie Long

Motion passed and meeting was closed at 7:40pm.


Minutes respectfully submitted,
Bill Larzelere- Secretary

Adopt code revisions

The Town of Varick is on the verge of acting on significant revisions to an old and obsolete zoning code. The I encourage the town board to pass these revisions on December 4th. It is essential for protecting the interests of Varick’s residents.

This is truly the plan of the people of Varick. Hundreds of people have had direct input to the planning board through our comprehensive planning, and during the two years that we have worked on turning the vision into specific policies in the form of these revisions. The full text of the revisions can bee seen on Varick’s website www.VarickNY.com.

Varick will continue to change. Passing an up-to-date zoning code lets those of us who have chosen to live in Varick have some assurance that what we value will still be here tomorrow. Our neighbors on Canandaigua and Keuka Lakes waited until it was too late. They suffer with congestion and high taxes that many in Varick shudder at. There is till time to determine our fate, but not much time.

The main thing the revisions achieve is to create districts that reflect different expectations and land use challenges.

• The lakeshore and hamlet zones require some protections to recognize the high-density residential development there.
• Agriculture is central to Varick’s nature, both as a major business and what creates the beautiful environment that we so value.
• Hamlet vitality is encouraged through development that makes them more attractive to live in.
• The plan encourages business, especially home-grown small business, that strengthens our community. The businesses at the north end of the Depot are good fits that need encouragement and protection from incompatible uses.
• Water is a defining character of Varick, and resident are deeply concerned about water quality. The plan protects water quality, especially near the lakeshore.

The code revisions provide basic protections for residents and property owners in Varick that are missing in the current code.

Of interest to many residents is that the plan codifies our vision for future development on the former Seneca Army Depot. In New York, the Town has responsibility for determining land use. The proposed revisions fulfill that responsibility by establishing guidance for that part of the town that reflects what Varick resident value: Conservation, recreation and green energy. It also gives town officials a needed legislation to support them when they partner with the Seneca County IDA in redeveloping this property for the benefit of the community.

In a small town, providing accurate, uniform, customer-friendly zoning enforcement is a challenge. The code revisions are designed to be very clear. Residents can plan projects seeing clearly what provisions need to be met for the community’s sake. They are also easier and less expensive to enforce so that they are fair to everyone.

Passing these revisions shows accountability to the residents of the town, and a willingness to take responsibility for our future. Failing to revise the zoning code in the conservative manner proposed by the planning board leaves the town vulnerable and without an adequate voice in its own future.


Thomas Björkman

November 2007 Minutes

DRAFT
Date of meeting: November 15, 2007

Meeting called to order: 7:00 pm

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

Guests at meeting: Tom Battaglia of Sessler Wrecking, Gary Chave and Tom Mitchell of Seneca County Federation of Sportsmen’s Clubs
• Tom Mitchell complimented the Board on the work that was done on the zoning code changes. He then passed out a resolution and read it to the Board. The resolution is attached to these minutes.

• The Sportsmen’s clubs are opposed to “canned hunts” and “fee hunts” on Depot land. They asked that the Varick Planning Board include language in the proposed zoning code changes to prohibit canned and fee hunts. They want land open to the general public for hunting but did not have a plan for managing the deer herd.

• Chairman Bjorkman asked Tom Battaglia what plans Sessler Wrecking had for the property on the former army depot that they have proposed to lease and eventually purchase from Seneca County.

• Mr. Battaglia began with a history of the Sessler philanthropy and mission to do good things for the area. He described the area that has been proposed and described the proposed “lodge” as an educational facility as well as place for public guests to stay while on their property. The property will include approximately 2300 acres that would be used for agricultural uses and fee hunting.
• There will also be five 10 acre lots developed with gas and water infrastructure for support businesses that are undefined at this point.
• Mr. Bataglia asked the Board if the language for the Green Energy and Conservation zone was going to stay the same, as it was very restrictive to their plans and they would probably not be able to do the plan and supply the jobs and business if the language was not changed. He assured the board that the plans were in the best interests of the Town of Varick.

• Chairman Bjorkman thanked both groups for their time and presentations and they left the meeting.

Discussion followed about the nature of the fenced depot property and the environmental nature of the property with the deer herd and the need to properly manage the herd for their own good and how this could be accomplished by the approach of both groups.
Kevin Swartley talked about the need to support changes to the language to allow more development in the Green Energy, Conservation Zone.
Bjorkman discussed his proposal to take the lead role in the SEQR process for the Sessler project. Swartley suggested that unless we made changes to the code that we would not need to do SEQR because the project would not be able to proceed.

• Swartley moved not to pursue lead agency status unless the proposed zoning code is amended to allow industrial development in the Green Energy, Conservation zone. Peterson seconded the motion. The vote was 2 for, 3 against and 1 abstained. Motion failed.
• Chairman Bjorkman moved to be lead agency for the Sessler project. Frankie Long seconded the motion. The vote was 2 for, 3 against and 1 abstention. The motion failed.

Chairman Bjorkman outlined some of the changes the Seneca County Planning Board suggested for our zoning code proposal.
• Subdivisions - new wording to replace the word “conveyance” as this was somewhat vague in the definition. Thomas will craft and e-mail the change for our board to approve.
• Encourages changes to the code to be less restrictive in the Green Energy and Conservation Zone that would allow some commercial and recreational uses as was outlined in the Depot Redevelopment master plan last updated by the “Crotty Group”
• Bjorkman will scan the text of Seneca County Planning Board comments and e-mail to our board.

Bill Larzelere moved that uses such as transient residential motels, B&B’s, camping, or retreat facilities be appropriately listed as special use permits required in the Green Energy and Conservation zone. Frankie Long seconded. The vote was 4 yes and 1 no. Motion passed.

Chairman Bjorkman moved to add land along the route 96A Depot fence to the Varick Small Business/Commercial zone. Larzelere seconded the motion. The motion passed unanimously. The land added will be 500 feet deep by 5000 feet long. Bjorkman will modify the zone map. There will be one entrance to the land and a roadway to access the property behind the fence.

The Zoning Code Changes will be presented for approval to the Varick Town Board at a public meeting at 7:00 pm December 4th before the regular Town Board Meeting.

The October meeting minutes were approved. Peterson moved, Frankie Long seconded.

All Planning Board Minutes will be posted on the Town Website within 2 weeks of the meeting and be labeled as “DRAFT” until approved at the following board meeting.


No meeting was set for December

Meeting was adjourned at 9:30 pm

Respectfully submitted,
Bill Larzelere


Chair’s note: On checking with the County Planning Department, the concern regarding subdivisions can be addressed by striking “lease” from the definition of Subdivision in the Subdivision Code.

November 2007 Agenda

Varick Planning Board
Agenda
November 15, 2007

Approve minutes
October 25, 2007

Petition by residents
Gary Chave and Tom Mitchell, Seneca Federation of Sportsmens Clubs

Committee reports: none

Information items:

Discussion items:
Sessler proposal in CRE district
New Business
Old business:
Zoning Code

• Update on progress
• Response from County Planning Board

New subdivision proposals: None

Set next meeting time: Currently scheduled for Dec 27, 2007 7:00 pm

Adjourn

October 2007 Minutes

Varick Planning Board
Minutes
October 25, 2007

Meeting called to order: 7:05pm

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

The September meeting minutes were approved. Kayser moved, Peterson seconded

New Business:

• Amended language to subdivision code: Presented by Bjorkman in the document italicizes language changes.
• Subdivide property once is considered a subdivision subject to planning board approval. (2 or more lots)
• Lease or conveyance
• Sec. 4B Change of language to define the format of the drawings required
• Long- motion to approve changes to sub-division language as submitted and discussed. Kayser second- approved unanimously.

Old Business:
Discussion of issues of concern brought up at the public informational meeting from residents:

• Kayser talked to Dick Peterson about his concerns.
• Unused farm equipment – 1 year period is too short before removal. Discussion concluded that if equipment isn’t used for one year that it needs to conform to section 309.2 paragraph B and be screened from neighbors view.
• Painting of vehicles in approved spray booth- Too restrictive and unenforceable. Discussion concluded Ag. equipment in Ag./Rural Residential zone is exempt and took out language requiring approvals and a spray booth. New language (pg19 309.2 paragraph A) would require “such work is performed inside a structure or similarly enclosed area designed for such purpose”

• Setbacks better defined- sec 309.1 General Design Standards- Bulk tables
• Front setback- 50 feet from centerline of road.
• Lakeshore Zone- Main structure height measured from the mean high water mark and also the measuring point for the rear(lakeside) setback.
• All setback requirements are the landowners responsibility to assure compliance with the code

• Lakeshore Zone
• Add in 309.5e1 parking for cottages – new construction- provide off street parking for a minimum of two cars.
• Dock language- boat houses are to be a maximum of 16 ft. to the peak of the roof.
• Grandfathering – Non conforming uses can not be passed on to heirs
• Outdoor retail sales-
• Size of sales booth is defined in code
• Outdoor retail sales of agriculture products are approved for all zones
• Puppy Mills
• Frankie Long does not believe we address the issue decisively
• Ag and Markets has the regulations and is the enforcer
• Kevin Swartley made the point that a Varick Town board member suggested that our code does not provide for industrial or ancillary businesses on the depot in the Town of Varick. Bjorkman clarified that this issue had been thoroughly discussed in several prior meetings and was addressed in the Comprehensive Plan and the public surveys. The zoning code is consistent with these.
• Timeline for adoption of Zoning Code Revisions
• Presented by Bjorkman - Need to do SEQR and present to Town Board in the November meeting. Town Board will forward to the County Planning board for their approval and then back to the Town of Varick Board for approval at the December Board meeting.
• Kayser will work with Harriet Haynes to complete the SEQR.
• Frankie Long moved that all changes be approved and presented to the Town of Varick Board. Larry Peterson seconded and the motion passed with one negative vote.

Next meeting was set for November 15th 7:00pm at the Varick firehouse

Meeting was adjourned at 9:30 pm

Respectfully submitted,
Bill Larzelere Secretary

Approved November 15, 2007

September 2007 Minutes

Town of Varick
Planning Board Meeting Minutes
September 27, 2007

Meeting called to order: 7:05pm

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

The August meeting minutes were approved.

• Bob Kayser and his wife agreed to be on the Lake Moorings and Docks committee.

• Change of property to commercial use: Carl Stuck –owner asked for his property on Rt. 96 (Old Garlick’s store) to be returned from residential to commercial use. He has a lawyer and a flooring business that want to use the building. Bob Kayser moved to accept the change, Bill Larzelere seconded. Passed unanimously.

• Frankie Long and Larry Peterson had visited Jeff Case about the changes to the Zoning code. They found him generally positive, and grateful for the amount of work. Had a couple of questions and concerns.

• Section 303 Lakeshore residential paragraph C-12 - Mobile home- remove “12 ft. width” requirement to make consistent with other references in the code. Approved
• Discussion-clarification of “grandfathering”.

• Non-conforming usages of properties will not be conveyed upon sale.
• Non-conforming lot sizes can be conveyed upon sale, but new use restrictions of code must be adhered to by new owner.
• Non-conforming structures are grandfathered under general development standards but must be brought up to general maintenance, health and safety codes.

• Seasonal use of travel trailers

• Seasonal is defined as a period of 8 months. There will also be “zero discharge” from the trailer during the period of use.
• Permanently Placed- More than 8 months and then must meet, permitting, setbacks and zero discharge (same as camp language).

• Common Access Sites- Lakeshore Zone

• Issues for such areas are noise, storage, parking on road, open fires, zero waste discharge, lighting.
• More discussion needed.
• Thomas will find out what Town of Fayette uses for language to address usage of common access to lakes.

• Public Informational meeting on Zoning changes.

• Thomas will set up time for an informational meeting in the Varick firehouse.

Next Planning Board meeting set for October 25, 2007 7:00pm. at the Varick Firehouse

Meeting ended at 9:00pm

Respectfully submitted,
Bill Larzelere, Secretary