Approved Minutes from November 20th meeting

Town of Varick Planning Board Meeting Minutes

Date of meeting: November 20,2008

Meeting called to order: 7:05pm

Attendees: Thomas Bjorkman, Phil Knapp, Bill Larzelere, Bill Squires, Susan Ottenweller, Linda Masteller(new member)
Absent: Kevin Swartley
A quorum was present.

New Member:
Linda Masteller introduced herself noting she lives on East Lake rd and was very interested to help finish the changes to the new Zoning code. She had attended a couple of our meetings as we developed the code as a member of the general public. Her contact information is on the Varick Planning Board website.

New Business:
The Town of Fayette has an agreement with Seneca County for a 90 day trial period to do code enforcement and building permits.
Discussion by our board concluded that this was a good idea and agree that with the new codes a dedicated full time person that understands the codes is good idea. We would like to know how the arrangement with Fayette works out.

Zoning Code Changes:
Chairman Squires went over his plan for finishing the changes for the Zoning code and possibly the Sub-Division code in the coming year.
Hopes to have the Zoning code finished by the Feb. or march with a public hearing by April. Wants to have an early meeting with the Town Board And the Zoning Board of Appeals when the changes are finalized for a final look and input.

Section 107 Definitions:

Accessory Facility:
Examples: Take out “Transmission equipment” Examples included will be “storage sheds”, “gazebos” and “detached garages”.

Bar: Add definition created at last meeting

Page 4 “Dwelling” “part Therof” add “Inns” 4th line

Page 5 Add “Hotel” State definition

Page 6 “Mobile Home” last paragraph “in two or more parts”



Page 6 Add “Motel” “See Hotel definition”

Page7 Redo “Place of Worship” definition Susan Ottenweller will research other Town's language for this definition.

Page 7 Add to “ Travel Trailer” definition “including but not limited to a tent camper or motor home.”

Page7 Add “Residence” “See Dwelling and Dwelling Multi-family”

Section 310.5 Phil Knapp questioned whether the language about requiring the mobile home to be on a permanent foundation below frostline was correct and reasonable. After discussion it was decided to change the “below frostline “ to “All mobile homes shall, at the least, be on a permanent foundation slab on compacted gravel.”

Mobile Homes: characteristics: page6 2. Designed to be transported on it's own chassis and connected to utilities after placement.

Last paragraph: For purposes of this ordinance, modular homes, which are built and transported to a building site in two or more large parts and are constructed on a permanent foundation below frostline are not considered “Mobile Homes”.

Page7 Add definition of “Temporary Structures” Look up for better language.

Page 9 Article2 Discussion of making two Lakeshore districts. One for East lake Road and one for Rt.89. Decision for now is NO . Future major issues may require re-evaluation of this decision.

Page 12 section 306.3 Side setbacks apply to docks, decks, walkways and boat hoists

Section 308 Use Tables
Bar special use across the board

Page 16 Nursery and Garden Shop Definition to be developed LR rt. 89 “permitted”, LR East Lake rd. “conditional.”

Bulk Table pg18 Development Feature section will come out and go into Sub-Division code

First sentence “ The following restrictions apply to construction on a single lot”

Side and rear setbacks for accessory structures move to below asterisked paragraph

*and ** take out of page 19 but leave in “as is” on page 20

Section 309.2 Fences and walls paragraphC “If mutually agreed upon otherwise fences are to be set back at least one half the height of the fence from the property line.

Need to finalize how to deal with hedges and trees

Minutes from October 30th meeting:

Agreeded to “table” approving minutes because members needed to review the new definition language and the language about drainage design drafted by Bill Larzelere.


Next Meeting:
December 18th 2008 at Varick Firehall at 7:00pm

Meeting adjourned at 9:00 pm.

Minutes respectfully submitted,
Bill Larzelere- Secretary

Approved Minutes from September 26th Meeting

Town of Varick Planning Board Meeting Minutes

Date of meeting: September 25th , 2008

Meeting called to order: 7:10pm

¨ Attendees: Thomas Bjorkman, Phil Knapp, Bill Larzelere, Kevin Swartley , Bill Squires,
Absent: Susan Ottenweller
A quorum was present.

¨August 28th Meeting minutes : Kevin Swartley had taken minutes at this meeting because of Bill Larzelere’s excused absence. Kevin will forward his notes to Bill to have the minutes published.


Guest discussions:

Mr. Katul from 5888 E. Lake Rd. is in the process of purchasing this property and wanted to be clear on the rules for building on Lake District lots. His plans will have a main house on the upper side of East Lake Rd and a cottage that he may rent on the lake side of the road. He wanted to be sure he could have two structures on one lot before he finalized the sale. The board reviewed his lot drawing and concluded that it met all of the new conditions in the most recent zoning code changes. The board thanked Mr. Katul for checking before starting the project and suggested that if the project would take a significant amount of time before getting started, that it would be wise to check back with the board in case there were other changes that may not allow his project although there are no plans to change this portion of the code.

Joe Serven of New York Land and Lakes Development Company told the Board about his companies interest in purchasing a 100 acre piece of property on Yale Station road for development of approximately 10 lots with each lot being 5 to 10 acres. There would be about 300 feet of road frontage. The lots would be for residential development and not commercial property. He asked if our Board saw any issues with this concept in this area. He was informed that it would be considered a “major” subdivision and would be subject to all the conditions of the Sub Division code at the time when the project was formally proposed.

Old Business:

Snyder Subdivision - Since no members of the public were at the public hearing on August 28th and proper notice of the hearing was published, a motion tonight was formally made to approve the Snyder Subdivision presented for approval at the August 28th meeting.
Kevin Swartley made the motion and Thomas Bjorkman seconded the motion. The vote was unanimous to approve the motion.


New Business:

Chairman Squires suggested that a stamp be made to be used on approvals of plats for subdivisions.
Kevin Swartley made a motion that the Planning Board Chairman would be the duly designated official to sign the stamp and the Planning Board Clerk would be the secondary official if the Chairman was not present or able to sign.
Phil Knapp seconded the motion and the Planning Board vote was unanimous to approve the motion.
The Chairman will get the stamp made.

Zoning Code Changes:

Discussion of changes to be worked on by our Board and to be presented to the Town Board in a reasonable amount of time.

A preliminary list was developed:
1. Conditions for “Inns” in the use table
2. Conditions for a “Planned Unit Development or PUD” This may be in a revision of the subdivision code
3. Dock Sizes
4. Telecommunication Towers(Update for approved Zones)
5. ZBA enhanced ability to grant variances in reasonable and mutually agreeable situations between parties.
6. Subdivision Code- Simplify minor subdivision process. Make sure an Ag. Data Statement is included.
7. Clarification of the definition of a “Bar”
8. Language on “Canned Hunts”
9. Depot property usages.
10. Drainage Design Language

In the discussion of the drainage design issue Chairman Squires suggested developing a “Site Plan Checklist” for the Code Enforcement Officer to use when evaluating plans presented to him for approval. This checklist could also be on the Varick Website for the public to use in preparing their plans to be approved. All agreed that this was an excellent idea.

Phil Knapp was asked (and he agreed )to compile a list of important issues raised in the Public Information meetings that would be put on the “To Do” list.

Chairman Squires asked the Board to work on three changes for discussion at the next meeting.
These are:
1. Conditions for an “Inn”
2. Definition of a “Bar”
3. Drainage Design Standards

Next Meeting: October 30, 2008 in Varick Firehall at 7:00 pm

Meeting adjourned at 9:00 pm.

Minutes respectfully submitted,
Bill Larzelere- Secretary

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.