PB Minutes 3/24/2016

Planning Board minutes 3/24/2016

Members present: Linda, Hershey, Rich, Bill, David Ricky McCulloch. the new Code

Enforcement Officer was also present

Minutes from the February meeting were not available for approval. We will review those

at our April meeting.

Hal Ferguson provided Land Platt copies for the exchange of two parcels of property

between himself and neighbors, the James’. The proposal is to allow both parties to have

contiguous boundaries for their respective properties. These were approved, stamped and

signed by Linda.

Ricky requested that we have printable copies of the zoning permit application on our

website. Rich pointed out that the form exists but must be accessed through a link on the ZBA site. We want to get this changed so it can be accessed directly from the PB site.

Bill suggested that Ricky provide feedback to the PB regarding any issues or problems

he encounters. Ricky said he could provide information on permits to the PB.

Rich has been reappointed till 2020.

A letter to the county stating that it should not approve any subdivision in the Town of

Varick without the approval of the town was sent to the Town Board to be forwarded to the

county, however, we have received no response to this letter and its disposition is uncertain. Bill will prepare another letter. Rich will verify with Donna that the subdivision code she is using matches our current subdivision code.

Bill and Linda plan to attend the public hearing on April 5th on the depot rezoning.

There is a Regional Local Government Workshop on May 19th in Pittsford for Planning

Board members and other local officials. Confirmation of plans to attend should be in to Donna by the first of April. The town covers the cost of this workshop. Web training is also available.

Planning Board members need 4 hours of training per year. The regional workshop provides 8 hours.

We will postpone pursuing solar codes until after the workshop since there is training

provided there that will prove valuable as we write code for solar.

Hershey moved to adjourn and Bill seconded.

PB minutes 1/28/16

Draft Copy PB Meeting 1/28/16

Meeting called to order at 7:05. All members present.

Minutes to the 12/17/15 meeting were reviewed and approved, motion made by Dave, second by Bill. An addition was made to the minutes to include the language suggested by Tom concerning temporary docks.

The Town Board announced a public hearing to adopt the Subdivision Code that we submitted with the depot Zoning Code instead of calling for a moratorium per our last meeting. The hearing will be held on Feb. 2. Tom is going to try to attend. Linda suggested that we each take turns attending TB meetings to maintain communication on necessary issues. Rich proposed that the PB should review the subdivision code if approved by TB to make sure it agrees with our original submission.

Larry C’s term as Code Enforcement Officer expired. Ricky McCullogh is taking his place. Linda is going to invite him to attend our next meeting.

Bill asked if our letter to the TB requesting a letter to be sent to the county concerning PB approval of all subdivision applications was delivered. Linda is going to inquire of Donna Karlsen.

There was a brief discussion concerning a proposal of Seneca County to take over the depot area. Nobody knows how much progress is being made on bids submitted for the area.

We decided to create a new Google document to keep track of progress we are making on current issues – docks, solar panels, and wind energy. We will add changes or additions each month to document our progress.

We returned to our work on the issue of temporary docks. We discussed how to grandfather in current docks of this nature. We need to have some kind of permit or document that identifies such docks. Both the owner and the town should retain a copy of such documents.

We also considered redefining “temporary” and decided to clarify this with “removable or seasonal.” So far our language is: “A temporary dock (removable or seasonal) only requires a permit initially and may be reinstalled annually as long as it remains within the confines of its original location and/or zoning setbacks, and providing its structure remains unchanged. If the lot is too narrow for a dock to meet the side setbacks, the ZBA may consider granting a variance for a temporary dock and hoist with smaller dimensions installed in a way that does not impinge on the neighboring lots and contribute to congestion. This provision shall not be used to justify allowing more docks on larger lots.”

Motion to adjourn was made by Hershey, second by Dave at 8:45.

Respectfully submitted,

Barry Somerville, secretary

PB minutes 12/17/15

PB minutes 12/17/15

Meeting called to order at 7:05. Members present: Linda, Tom, Bill, Dave, and Barry.

Linda gave an update about subdivision code and recent violations. We discussed the possibility of requesting the town board to call for a moratorium that will prevent any more subdivisions in the town until our code is revised. Linda spoke with Wendy Marsh (a lawyer) who said she could help the town with the legal provisions for a moratorium. This will give us sufficient time to address this issue while preventing any more problems from improper approval of subdivisions.

After some discussion the following motion was made by Tom, seconded by Dave and approved by all:

                “The Varick Planning Board requests that the Varick Town Board place a moratorium on any new subdivisions until the new subdivision code is adopted and to notify the county clerk of said moratorium.”

This was sent via email to Donna Karlsen, Bob Hayssen, and Todd Horton at 7:40 pm.

It was also suggested that if the TB does not move forward with adopting the subdivision and depot zoning code proposed by the PB that we ask them to adopt the former provisions and approve the depot zoning later.

We discussed the issue of temporary docks again. We agree that permits need only be required the first year for putting in a temporary dock. We talked about the possibility of the ZBA providing a variance for those that might not meet setbacks. Tom composed the following language that we might adopt into the current code:

“A temporary dock only requires a permit initially and may be reinstalled annually as long as it is placed in accordance with the constraints of the permit. If the lot is too narrow for a dock to meet the side setbacks, the ZBA may consider granting a variance for a temporary dock and hoist with smaller dimensions installed in a way that does not impinge on the neighboring lots and contribute to congestion. This provision shall not be used to justify allowing more docks on larger lots.”

We also discussed zoning for solar panels. Tom read some considerations from other code such as glare, height limitations, and screening from public view. Bill suggested submission of a site plan review. Barry mentioned that we might restrict the hamlet and lakefront districts to conditional use. We will continue to consider what to add to the code by searching what might be in other town codes.

We adjourned at 8:50 – motion made by Tom, second by Bill, approved. Next meeting is January 28, 2016.

Respectfully submitted,

Barry Somerville, secretary

PB Minutes 11/19/15

Draft Copy PB Meeting 11/19/15

Meeting called to order at 7:05. Members present were Dave, Linda, Tom, Rich, Barry, and Hershey.

A motion was made by Tom to adopt minutes to October meeting, second by Linda, approved.

We spent some time discussing issues and questions that were raised at the IDA meeting concerning the depot. Overall it seemed to be a profitable discussion with many questions asked but not many answers given. The IDA would like the depot to be sold but will not necessarily take the highest bid. They seem to be concerned about the best development for the advantage of each town. They need to develop criteria for accepting bids on the depot lands.

It also seems to us that in order for people to offer bids they will want to know what the zoning is for the area. We are still waiting on the town board to accept the PB proposal for depot zoning.

Rich asked about the possibility of the TB adopting everything that we have forwarded to them except the depot area zoning. Tom said that SEQR requires adoption of the whole package. However, Linda is going to inquire about it. It may be that our attorney can help us.

We are going to move forward on the subdivision code language drawn from the town of Fayette. It seems to apply well to our town. We will discuss adopting it into our code at the next meeting.

We also think it’s important to get something into the code about wind and solar energy soon. We do not want to be too restrictive, but some basic parameters concerning aesthetics, affect upon neighbors, setbacks, glare, etc. need to be added to our code.

The next issue deals with docks that are not permanent. Permits should not be required after the first year. We also need to consider setback issues.

Meeting adjourned at 8:35, motion made by Hershey, second by Dave. Next meeting is Dec. 17.

Respectfully submitted,

Barry Somerville, secretary

PB Minutes 10/22/15

Draft Copy PB Minutes 10/22/15

Meeting called to order at 7:05. Members present were Linda, Bill, Tom, Rich, and Barry.

Previous minutes were reviewed and adopted, motion made by Rich seconded by Bill.

A proposal was made to send a letter to the Town Board that the PB would like a letter sent to the County Clerk that their office not accept any future subdivision requests without a certified approval from the Varick Planning Board. This is part of the required process for subdivision approval in the town. Bill will make a draft and forward to the rest of the PB for review. We hope to get this to the TB before their next meeting.

We were informed by Bob Hayssen that the TB has hired Barbara Johnston to devise a map of possible parcels of land to sell based on the residential /agricultural area of the depot. Bob would like one of us to accompany her on a tour of the depot if necessary to help her with ideas. The PB also looks forward to reviewing any proposals that may come from this.

We then discussed issues that were raised at our last meeting:

1) The question concerning subdivision and re-subdivision of property. The following definitions were taken from the Fayette Zoning Code which should be helpful in deciding what should be added or changed in our own code:

SUBDIVISION, MINOR - The subdivision of a parent parcel of land into less than five (5)

lots. No more than five (5) lots shall be created either concurrently or sequentially from a

parent parcel within a ten (10) year period of the date the minor subdivision is approved.

Should more than the five (5) lots be applied for within ten (10) years of the date that the

minor subdivision was approved, the subdivision will become a major subdivision and the

applicant shall be required to submit all the information and documentation required for a

major subdivision for the previously subdivided lots as well as for the lots under

consideration in the new application.

RESUBDIVISION - Revision of all or part of an existing filed plat including consolidation

of lots or alteration of approved lot boundaries. If the proposed "resubdivision" consists

solely of the simple alteration of lot lines, then normal subdivision procedures may be

waived at the discretion of the Town Planning Board. If normal subdivision procedures are

not waived by the Town Planning Board, the resubdivision shall be deemed to be a major or

minor subdivision at the discretion of the Town Planning Board in which case the appropriate

major or minor subdivision procedures set forth in these regulations shall apply.

2) The question of zoning code for wind and solar development. Bill is going to forward some of his research on the topic. Rich will resend material he obtained at one of the PB training sessions.

3) The issue of temporary docks – should this be further clarified in our code? After some discussion Bill said he could send us some information that he has gathered on the topic.

Meeting adjourned at 9:04, motion made by Barry, second by Bill.

Respectfully submitted,

Barry Somerville, secretary