Approved Minutes to July 29th, 2008 Meeting

Town of Varick Planning Board Meeting Minutes

Date of meeting: July 29th , 2008

Meeting called to order: 7:10pm

¨ Attendees: Thomas Bjorkman, Phil Knapp, Frankie Long, Bill Larzelere, Susan Ottenweller, Kevin Swartley , Bill Squires, Miles Persing(Code Enforcement Officer)
¨ Special guests: Town Supervisor- Bob Hayssen, ZBA Chairman Bob Taylor

A quorum was present.

Since no Planning Board Chairman was in place since Bob Kayser’s resignation,
Susan Ottenweller (decided by members) called the meeting to order.

Sub division Public Hearing on Ezra Wengard

• Sub division of Ezra Wengard’s property on the corner of Ernsberger Rd. and Rt. 414 was opened for public comment. There was none. Board members asked about a five acre parcel that was separate from the two parcels that were being sold to Reuban and David Stoltzfus. Bill Larzelere informed the Board that this was being sold as part of the “B” lot and that all setbacks and road access appeared to be proper. These parcels will be farmed and be part of the Ag district.
  Thomas Bjorkman moved that this subdivision be passed by the Board. Kevin Swartley seconded the motion. The motion passed unanimously.
  The Public Hearing was closed at 7:15 pm.
  
  Regular Planning Board Meeting
  
  At 7:16 PM The regular meeting of the Planning Board was called to order by Susan Ottenweller
  
  
  ¨ June 26th Meeting minutes approved- TB moved- FL seconded- Voted Unanimous to accept
  
  ¨ Planning Board Chair
  Planning Board members were given an opportunity to state their interest or lack of interest in being the Planning Board Chairman. After much discussion, new member Bill Squires consented to being the Chairman for a one year period. Citing his newness to the Planning Board, he asked that Thomas Bjorkman be able to consult on matters that he did not have knowledge of. Thomas consented.
  Thomas Bjorkman made a motion that Bill Squires be appointed Chairman for a one year period. Susan Ottenweller seconded and the vote was unanimous in the positive. Bill Squires ran the meeting from this point forward.
  
  ¨ Zoning Code Change Discussion
  
  Changes to the new zoning code and suggestions for language were discussed in depth for several “issues” that have come to light since the new code was adopted in December of 2007. These concerns have been brought forth in public comment and letters to the Board.
  
  Decisions made were:
  1. to make Churches “permitted” in the LakeShore Zone in the Use table
  
  2. 302.4 Section1 Common Access in Lakeshore Zone- Discussion of multiple family uses of common lake access- Changed to 2-4 families per 100 ft of lake frontage. For greater than 4 families, an added 20 feet of frontage is required per family. Each 100 foot of frontage can have one dock and boat hoist.
  
  3. Remove, for now, all crossed out text in the existing code and renumber paragraphs. The issues addressed in the crossed out text will be put on a list for future discussion.
  
  4. Building/lot specifications
  
  Impervious surface- Decision was made to remove the impervious surface requirement in the code and deal with scale of housing on a lot by defining the “building envelope” allowed on a lot. After much discussion, the amount of a lot under roof will be 25% or 2000 square feet whichever is greater.
  
  Side setbacks- in the Lakeshore zone only will be changed to 10 feet
  
  House height – in Lakeshore Zone will be increased from 25 feet to 35 feet although recognizing that more lot coverage with a single story house was preferable to a two or three story house that will block lake view.
  
  Discussion was also about the 80% coverage allowed in the Hamlet district as too much and most agreed it was too high, but would be put on the list for further discussion.
  
  Kevin Swartley suggested a 25% lot coverage in the Rural/Ag District instead of 20% on a minimum .7 acre. All agreed.
  
  5. Docks
  Section 306.3. Increase allowable dock surface area to 850 square feet and reduce the side set back to 10 feet. This includes boat hoists as well.
  Section 107. Add definition of dock and seawall as approved at the May 22, 2008 Planning Board Meeting.
  Section 308, Use Table. Add Seawall as a Conditional Use in the Lake and Lakeshore Districts.
  Section 310.22. Add condition on seawalls that permission is obtained from state and federal agencies before construction or repair.
  
  6. Storage Sheds and/or Accessory Facilities
  All sheds bigger than 144 square feet need a building permit(County requirement)
  In all Zones- all sheds less than 200 square feet and 15 feet in height will have at least a 5 foot side and back setback from property line. Sheds larger than 200 square feet will have at least a 10 foot side setback from a property line.
  Sheds will have a 70 foot front setback from the centerline of the road or be “in line” with the setback of the house on the property.
  Lakeside sheds for beach storage will be setback same as existing sheds on adjoining properties.
  Sheds in Rural Residential Zone used for vegetable/baked goods sales stands are allowed.
  
  Thomas Bjorkman - moved to accept all proposed changes to the Varick Zoning Code as described and forward to the Varick Town Board for further discussion and Public hearing. Susan Ottenweller seconded the motion and the vote was unanimous in the affirmative.
  
  
  Next Meeting: August 28th 2008 in Varick Firehall at 7:00 pm
  
  Meeting adjourned at 9:15 pm.
  
  Minutes respectfully submitted,
  Bill Larzelere- Secretary

Summary of proposed Zoning changes

The Varick Planning Board has proposed the following changes in the Zoning Code in order to rectify issues that have been identified since it was enacted last December. The proposed changes are the most pressing and considered relatively easy to resolve. The Planning Board and Town Board will work on the more intricate, difficult or controversial issues this fall.

These proposed changes are the subject of a public hearing on August 19, 2008 at 7 pm in the Varick Fire Hall, followed by a special meeting of the Town Board to act on them.

The full code with changes marked is available for download at http://www.varickny.com/TownDocuments/VZCDraft8-19-08.pdf (0.5 MB)

1. Impervious surface and structure height
Section 309.1, Bulk Table. Delete restrictions on impervious surface. Change Lakeshore Residential to 25% structure or 2000 sq ft. whichever is greater; increase maximum height from 25 ft to 35 ft; and decrease side and rear setbacks from 15 ft to 10 ft.

This change allows for larger houses, and provides a measure of scaling for the smallest lots. (They still need to meet setbacks.) Any amount of blacktop or pavement will be allowed. We will need to deal with water quality issues in another manner.

2. Docks
Section 306.3. Increase allowable dock surface area to 850 square feet and reduce the setback to 10 feet. Note that the setback applies to hoists as well.
This change accommodates all the docks currently at issue.

Section 107. Add definition of dock as approved at the May, 2008 Planning Board meeting.

This addition clarifies what constitutes a dock and how to measure its size.

Section 308, Use Table. Add Seawall as a Conditional Use in the Lake and Lakeshore Districts
Section 310.22. Add condition on seawalls that they permission is obtained from state and federal agencies before construction or repair.

These provisions primarily help landowners avoid getting in expensive trouble with regulators.

3. Small sheds
Section 309.1, Bulk Table. Added line for Accessory Facilities under 200 sq ft and 15 ft high, and provide a setback of 5 ft.

This change lets homeowners put small sheds a little closer (5 ft) to the side and back than they would otherwise (10 ft). The front setback is not reduced.

4. Funneling
Section 309.5 (G). Insert section 302.4 (I) and (J) from the previous code into the paragraph regarding Common Access sites.

This change restores funneling limits that existed previously and was unintentionally deleted. Scaling for more owners was simplified.

5. Remove restriction on churches
Section 308, Use Table, Second use (Places of Worship). Change the LR zone from C310.11 to P.

Eliminates concern about restriction on churches. Given the high sensitivity of East Lake Road residents to on-street parking and congestion issues, some other way must be found to deal with potential parking issues.

6. Deleted text
Parts of 309.2, 309.4 and 309.5, 310.3. Remove all text that was crossed out on Dec. 4. and renumber paragraphs as necessary.

This change has no effect on what is permitted, but makes the text easier to interpret.

Approved Minutes from June 26th Meeting

Town of Varick Planning Board Meeting Minutes

Date of meeting: June 26th , 2008

Meeting called to order: 5:45pm

¨ Attendees: Bob Kayser(Chairman ), Thomas Bjorkman, Phil Knapp, Frankie Long, Bill Larzelere, Susan Ottenweller, Kevin Swartley , Miles Persing(Code Enforcement Officer)
A quorum was present.


Public Hearing on Hammond Sub division

Sub division of Barbara Hammond’s property on Rt 89 was opened for public comment. There was none. Board member Susan Ottenweller asked why the 50 ft. lake frontage was detailed on the drawing and was shown the right of way notation on the drawing and assured that this was only a Right of Way negotiated with Barbara Hammond to give them lake access and was not part of the subdivision.
Being no other comments Chairman Kayser asked for a vote and the Subdivision passed unanimously.
The Public Hearing was closed at 5:55 pm and the Board moved to the Town Boards Public Hearing on the Zoning Code Revisions.

Regular Planning Board Meeting

At 9:20 PM The regular meeting of the Planning Board was called to order by Chairman Kayser.

Attendees: Bob Kayser(Chairman ), Thomas Bjorkman, Phil Knapp, Frankie Long, Bill Larzelere, , Kevin Swartley , Miles Persing(Code Enforcement Officer)
A quorum was present.
Absent: Susan Ottenweller

¨ May 22 Meeting minutes approved- TB moved- PK seconded- Voted Unanimous to accept

¨ Planning Board Chair Report

1. Zoning Board of Appeals had heard Rick Conley’s appeal of a stop work order and rejection of a building permit of a dock and deck and had approved the construction based on the date of the beginning of the project and construction details presented to them.
2. Noted that in his discussions with the DEC and the OGS, that they will not go against local Town Ordinances with regard to Lakefront development beyond their basic requirements for protection of the shoreline and aquatic habitat. Two items as examples(not detailed) are “no residence allowed in boathouses” and “no cantilevered structures or platforms over the water other that docks of conforming size.”
3. Planning Board Chair resignation.
During the Town Board’s Public hearing, Bob Kayser had resigned as Chairman of the Planning Board effective at midnight of June 26th. Reasons for his resignation were noted in a statement read during this hearing. Bob thanked the Planning Board as a whole, and each individual personally, for the opportunity to work with them and wished all good luck. Several members thanked him for his service and wished him well noting that his expertise and diligence will be missed.

¨ Zoning Code Enforcement Officer Report

Miles Persing.
1. The Pleasant Valley Mobile Home Park was able to adjust the location of the trailer they wished to install and meet all the setback requirements. This allowed him to be able to issue a Permit for the existing unit to be replaced.
2. Has been able to work well with the County Planning Board.
3. Storage shed placement has been an issue and in his opinion will need to be addressed in the upcoming Zoning Code revisions.
4. Code Enforcement officer resignation.
Miles announced his intent to resign his position of Code Enforcement Officer and thanked the Board and members for the help all had given him in training and working with the new Code. It was everyone’s opinion that Miles had done a great job and was disappointed that he had come to this decision. ( In subsequent negotiation with the Town Board, Miles did agree to continue with an increased salary and “full time” job designation.)

New Business Discussion

1.Replacing Planning Board Chairman- Kevin Swartley suggested we wait until a full Board can be present. All agreed.
2. No other new business since it was not known what the decision of the Town Board would be regarding rescinding the Town of Varicks Zoning Code.


Next Meeting: Our next regular meeting will be July 29th at 7:00pm in the Varick Firehall. Note that this is not the regular date, but vacations and business trips caused a new date to be agreed on.

Meeting adjourned at 10:00 pm.

Minutes respectfully submitted,
Bill Larzelere- Secretary

Planning Board Meeting Day Changed

The next scheduled Planning Board meeting will be July 29th at 7:00pm in the Varick Firehall.
A Minor Subdivision Public Hearing will be on the agenda. Property owned by Ezra Wengard of 150 acres on Ernsberger rd. and Rt 414 is to be split into two properties and sold to Reuban and David Stoltfus.
Discussion will also be around changes to the Zoning Code after the Varick Public hearing held on June 26th.
It is expected that a new Chairman will be chosen after the resignation of Bob Kayser.

Bill Larzelere
Secretary

New member

On July 1, the Town Board appointed Bill Squires to fill the term of Bob Kayser. Bill is a civil engineer who lives on East Lake Road. We welcome him to the team.

There will be a workshop on July 15th among the Town Board, the Planning Board, the Zoning Board of Appeals, and the Zoning Code Enforcement Officer to address the next round of revisions to the Zoning Code. This meeting follows up on public input at the June 26 meeting and will consider the experience of the various boards so far this year.

Note on June 26 meeting

The public meeting on rescinding the Zoning Code revisions was well attended and lots of public comment was received.

Afterwards, the Town Board did not vote to rescind the revisions. Instead, they voted to have the Planning Board revisit several issues that need revising and come back with proposed revisions in 60 days. In the meantime, there will be a workshop between the two boards, and then a public meeting in a couple months.

The current code stays in effect in the meantime.

Comments will be accepted by letter or email to the town clerk, supervisor and planning board. Click links to get addresses.

Björkman comment on June 26 meeting

This commentary was published Tuesday 6/24 in the Finger Lakes Times

The Varick Town Board is about to consider an ill-advised return an old and obsolete zoning code, throwing out recent well-researched revisions that are essential for protecting the interests of Varick’s residents.

The new code is truly the plan of the people of Varick. Hundreds of people had direct input to the planning board through our comprehensive planning, and during the two years that the Planning Board turned the vision into specific policies. Those policies are in the new code that was adopted last December. The full text is on Varick’s website www.VarickNY.com.

Varick will continue to change; residents get a say in how that change happens through local zoning. The new 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 new code achieves 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, Finger Lakes Technology and Hillside Children’s Center, 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 new code provides basic protections for residents and property owners in Varick that were missing in the previous code.

Of interest to many residents is that the code addresses our vision for future development on the former Seneca Army Depot. The old code left the town with no say in Depot development. In New York, the Town has responsibility for determining land use. The new code fulfills that responsibility by establishing guidance for Depot land that reflects what Varick resident value: Conservation, recreation and green energy. It also gives town officials needed support to 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.

Town residents need to make it clear to board members that the protections instituted last December are important. The spirit of lawlessness that is motivating the rescission drive rejects their accountability to the residents of the town, and a failure to take responsibility for our future. Rescinding the conservative revisions of the zoning code leaves the town vulnerable and without an adequate voice in its own future. Oral and written input will be accepted at the Varick Fire Hall on Thursday June 26 at 6 pm.