February 03, 2019

Varick Planning Board, December 13, 2018

Varick Planning Board
December 13, 2018
Called to order at 7:00 pm
Present: : Linda Mastellar (Chair), Frankie Long, Hershey Sensenig, Rich Olsen, Bill Yale, Thomas Björkman (Secty).  Absent: David Kidd, excused.
Kim Nason, Phillips Lyte (representing BQ Energy) and Jim Falsetti, BQ Energy; Mike Karlsen, Michele Hermann. 
Minutes of October 2018 approved. Moved by Long, Second by Yale.  All in favor. The November meeting was cancelled due to a snowstorm.
Sylvester Brown estate subdivision. Mike Karlsen represented the owner who proposes to subdivide tax parcel 2-17.2. The proposal is to divide a property consisting of 7 ac vacant land, with one parcel being 1.7 acres and 100 ft wide, the other being 5.3 acres and 350 feet wide. The applicant will provide SEQR information and an Agricultural Data Statement. [Board member Long noted that she is a party to this transaction.]
The planning board received the Sketch Plan and classified it as a Minor Subdivision. We received the subdivision plat, and will forward it to the county once the signed documents are received. 
Solar energy proposal.BQ Energy presentation on solar energy facility in the WITE district on the former Depot. This was an introductory discussion to familiarize the board with the proposal and to determine next steps. 
The company develops solar energy plants on brownfields. They own the facilities and sell the power mostly to multiple local customers, “community distributed generation.”
The company has about 100 acres under option with owner Martin. The area is north of the townline road on the east side of the property. It is currently mostly igloos and access roads, and has no special environmental contamination issues. They began talks with Seneca County IDA when they owned the property. They would develop units of 5 MW (~25 ac), the limit for a single parcel. Each unit would have solar panels in a solid block, grass underneath and between panels that is periodically mowed, and have a fence that is compliant with the National Electric Code. The facility would be managed remotely. A local contractor would mow and maintain electrical equipment. 
The igloos would be leveled and the remains left in place. Trees would be cleared in the first year. There would be no panels over wetlands. The fence would have a small opening at the bottom to allow small animals to move in and out and facilitate closer mowing, while excluding humans. Deer would be able to jump over.
The power would mainly be targeted to local users, for which there is abundant infrastructure. NYSEG will take 5 MW in the local distribution line. Larger amounts would need to go to a National-Grid 34.5 kV transmission line at the “Ordnance substation” on Cherry Hill Rd. 
Plans for end of life. The panels have a 30-year design life. The company would prefer a lease of 20 years with optional 5-year renewals. Old panels tend to still be in service, so these may be worth keeping in place after 30 years. Another likely scenario is to put new panels on the same infrastructure. If it is removed, both the panels and frames would be removed, with little left behind. The planning board would expect a decomissioning plan with a bond.  
Property tax. Under Tax law 487 solar energy generating facilities are not subject to taxes. The community may want a payment in lieu of taxes. Since the revenue from the facility is about same as a full property tax, that rate is uneconomical. The PILOT agreement would be negotiated by the Seneca County IDA, who would distribute the funds. The rate agreed to in Cattaragus is $5,000/MW capacity per year, whereas Lackawanna and Patterson have no fee because they value the power and occupancy. 
The current code does not permit solar development in the WITE district, but that use is anticipated in the Comprehensive Plan. One option is to make solar a Special Use in the WITE zone. That option was considered a good place to start with a proposal. The company prefers to have the code change and special use permit be combined as parts of a single action under SEQR. 
The board will attempt to develop code revision at January 24 VPB meeting, and get input from Harriet Haynes in the County Planning Department.
For SEQR, planning board can be lead agency. Town board passes the Special Use Permit. 
  
Docks and Moorings. Ryan Stebbins, town attorney, provided language relating to docks and moorings used in Fayette and comments on Varick code. 
Proposed revision to Zoning Code. New text in italic.
Add to Definitions: 
Mooring. A floating device anchored to the bed of the lake, such as a bouy or a fixed structure, on or under the water, to which a boat can be attached.
Add to Use Table:
Lake Water district. The permitted uses are Docks, boat hoists,and moorings. Moorings must comply with Coast-guard rules. They shall be positioned so that the boat or swim platform remains within the water-rights lines. 

Add to the end of  306.3: Other structures:
A removable seasonal dock only requires a permit initially and may be reinstalled annually as long as it is the same size and meets the setbacks.  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 setback dimensions, if it is 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. 
This language will be in the next proposed revision of the Zoning Code that is submitted to the Town Board.
Michele Hermann expressed interest in joining the Planning Board. Chair Mastellar will convey that information to the Town Board, as well as the apparent vacancy of Kidd. 
Adjournment moved by Olsen, seconded by Long. All in favor.
Adjourned 9:30.

November 25, 2018

November 15, 2018 cancelled. Next Dec 13

The November 15 meeting was cancelled due to a winter storm.

The December meeting will be on Thursday, December 13.

Varick Planning Board, October 25, 2018

Varick Planning Board
October 25, 2018
Called to order at 7:00 pm
Present: : Linda Mastellar (Chair), Frankie Long, Hershey Sensenig, Rich Olsen, Bill Yale, Thomas Björkman (Secty).  Absent: David Kidd, excused.
Minutes of September 2018 approved. Moved by Mastellar, Second by Yale. All in favor. 
Subdivision of Parcel 1-02-32, located at 895 Yale Farm Road, Applicant Thomas Karlsen, executor for the estate of Mary Alice Karlsen.
Public hearing called to order7:03, No comments
Closed 7:04 on a motion by Björkman, Second by Sensenig. All in favor.
Discussion centered on avoiding creation of a landlocked parcel. A solution was identified an is reflected in the approving resolution.
The County Planning Board recommended keeping the residual part of original lot in same ownership as adjoining lot to the north. The Varick Planning Board felt this was best accomplished by merging the residual part of the original lot into the adjoining lot to the north, which is under the same ownership and all of the resulting parcel is currently farmed.

Motion:Approve dividing current parcel 1-02-32, joining 3.5 acres to parcel 01-2-30.1, and the remaining acres to adjoining parcel 01-2-16.1. Parcel 1-02-32 is thereby eliminated.
Moved by Björkman second by Sensenig. All in favor(6-0).


Vacation rentals.
Dave Bowe Sunset Bay. He has written the board about this topic in the past. New buyers are turning residential properties into commercial rentals, and some are absentee owners. If overdone, this trend reduces the quality of life by turning a residential neighborhood into a commercial one.
Fayette addressed the issue through a revocable permit. Mr. Bowe supports that approach, the most effective for keeping the renters under control. The main issue for him is a lot of late loud parties. 
The board indicated that a noise ordinance would be a primary component of addressing the noise problem directly. Furthermore, a revocable permit is recognized as a good mechanism for enforcement of good behavior by rental guests.
Reviewed Zoning Code Enforcement Officers report. 

The pending Major Subdivision by Somerville is on hold. They are waiting to get municipal water before moving forward.
An application is in the works for solar-energy development on Depot. The County Planning office indicated that the town can institute a moratorium beforeaccepting the application.  It would be subject to Site Plan Review under normal procedures for that district.

Motion to Adjourn moved by Sensenig, second by Long. All in favor.

October 26, 2018

Varick Planning Board September 27, 2018 minutes


Meeting called to order at 7:02 p.m.

Members Present:  Linda Mastellar, Bill Yale, Rich Olsen (acting secretary) and Frankie Long.  Also present were Thomas Karlsen, Gideon Stoltzfus, and Susan Ottenweller.

Absent:  Hershey Sensenig, Thomas Bjorkman and David Kidd

Previous meeting notes reviewed and motion by Bill Yale, seconded by Frankie Long and so carried unanimously to approve the minutes of August 30, 2018.


The board reviewed an application submitted by the Allen’s who supplied an agricultural data statement.  The board finds that there will be no impact on adjoining agricultural uses because the land use will remain agriculture.

The board received the short Environmental Assessment Form and declared itself the lead agency for State Environmental Quality Review.  Upon review of the EAF, the board found no impact because the action will lead to no change in land use, nor creates a condition that would encourage one.  The board makes a negative declaration of environmental impact.

The application was reviewed by the county planning board, which recommended unconditional approval. 

A motion by Richard Olsen, seconded by Linda Mastellar and so carried unanimously that the Varick Planning Board issues final approval of the Allen sub-division.  The action transfers 29.042 acres of Lot 12-1-44.211 to a new lot number to be determined by Seneca County.

A motion by Linda Mastellar, seconded by Frankie Long and so carried unanimously to open the public hearings at 7:05 p.m. regarding an application for approval of a major subdivision of property located on Yale Farm Road, Parcel Number 06-1-10 submitted by Barry Somerville as POA for James O. Somerville and a minor subdivision of property located on Ernsberger Road, parcel number 12-1-44.21 submitted by Gideon Z. Stoltzfus.

Mr. Somerville was not present for the public hearing for this sub-division request. Seneca County Planning Board recommended preliminary approval of their request contingent on certain requirements as outline in their resolution.  The Varick planning board tabled Somerville’s major subdivision request until further documentation of completion of requested work is submitted by Mr. Somerville.   

The Planning Board considered the Gedeon Stoltzfus’s appeal for subdivision into two lots, one lot is 44 acres and the second lot is 30 acres.  Mr. Stoltzfus presented a survey map to be signed by Linda Mastellar. 

A motion by Linda Mastellar, seconded by Frankie Long and so carried unanimously to close the public hearings at 7:40 p.m.

Mr. Thomas Karlsen requested an application for subdivision of property located on Yale Farm Road, agricultural lot number 1-2-16.1 to be added to lot number 1-2-31 which they are in the process of purchasing.  They would like to have access to the pond and gas well. 

A motion by Bill Yale, seconded by Linda Mastellar and so carried to hold a public hearing on October 27th at 7:00 on a minor sub-division of parcel number 1-2-16.1 located on Yale Farm Road owned by the estate of Mary Alice Karlsen. 
Roll Call:
Linda Mastellar           Yes
Frankie Long              Yes
Bill Yale                      Yes
Rich Olsen                  Abstain
Yes– 3 No-1

Susan Ottenweller, ZBA requested a joint meeting in February to review codes and revise if necessary to clarify vacation rentals, campers, etc.

A motion by Rich Olsen, seconded by Linda Mastellar and so carried unanimously to adjourn the meeting at 8:45 p.m.

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October 24, 2018

Varick Planning Board August 23, 2018 minutes

Varick Planning Board
August 23, 2018
Present: Linda Mastellar, Hershey Sensenig, Frankie Long, Rich Olsen, Bill Yale, Thomas Björkman
Absent: David Kidd
Visitors: Barry Somerville, Michelle Hermann
Called to order at 7:08 pm
Approved minutes of July 26, 2018. Moved by Olsen, Second by Long. All in favor
Approved minutes of Aug. 9, 2018. Moved by Olsen, Second by Sensenig. All in favor
New member. We welcomed Bill Yale to the Planning Board. 
Somerville subdivision. County Planning office asked us to add information to the preliminary plat for the subdivision application. Mr. Somerville will address each of the items in Article V, Section 3 of the Varick Subdivision code. We had discussed each of them at the last meeting, but need documentation.
The preliminary plat application also needs approval by the Seneca County Health Department. Mr. Somerville reports that he has contacted them to do the relevant water and percolation tests. They are currently dealing with the flooding damage in the southern part of the county.
The county will want a survey map and engineering drawings with the Plat.  (Article V, Section 4.)
Stolzfus subdivision.We took an initial look at initial Gideon Stolzfus application that was received today. We need to determine whether a new tax lot will be created. Mastellar will discuss that question with applicant, and obtain an Agricultural Data Statement and Environmental Assessment Form. Once she has those, she will send them to the county planning department for review. 
Code revision.The public hearing for zoning code revision will be held at the beginning of the September 4 Town Board meeting (7:00 pm).
Adjourn.Moved by Sensenig, Second by Björkman. All in Favor. Adjourned 8:30 pm

August 24, 2018

Varick Planning Board August 9, 2018 minutes

Varick Planning Board
August 9, 2018

Present: Frankie Long, Rich Olsen, Hershey Sensenig, Thomas Björkman (secretary and acting chair for the evening). 
Absent: Linda Mastellar, David Kidd, Bill Yale (not yet sworn in)

Public hearing opened on Allen subdivision and SEQR at 7:03 pm. Hearing no comments, the public hearing was closed.

Meeting called to order at 7:04 pm 
Resolution:
The Varick planning board issues Final Approval of the Allen subdivision. This action transfers 40 acres of Lot 40-1-20.11 to Lot 14-1-09.2.
The applicant supplied an Agricultural data statement. The board finds that there will be no impact on adjoining agricultural uses because the land use will remain  agriculture.
The board received the Short Environmental Assessment Form and declared itself the lead agency for State Environmental Quality Review. Upon review of the EAF, the board found no impact because the action will lead to no change in land use, nor creates a condition that would encourage one. The board makes a negative declaration of environmental impact,.
The application was reviewed by the county planning board, which recommended approval with the proviso that no new tax lot be created. This resolution incorporates the restriction that the action create no new tax lot; it may only move the line between the lots.
Moved by Björkman, seconded by Sensenig. 
Passed with all in favor, 4-0

Reviewed Zoning Compliance Officer’s report.

Motion to adjourn by Sensenig, second by Long. Adjourned 7:25 pm

Varick Planning Board July 26, 2018 minutes

Varick Planning Board
July 26, 2018
Called to order at 7:01
Present:  Linda Mastellar (Chair), Rich Olsen, Frankie Long, Hershey Sensenig, Thomas Björkman (secretary).
Absent: David Kidd (excused)
Minutes of June 28 approved.  Moved by Mastellar, Second by Olsen. All in favor.

Somerville subdivision. Divide Lot 06-1-40 consisting of 7 acres on Yale Farm Road into 7 ~1 acre lots of 205 x 220 feet. The number of lots makes it a major subdivision.
Resolved that the Planning board determines that this is major subdivision. Accepted application and preliminary plat, including Environmental Assessment form and Agricultural Data Statement. The scale requirement is waived for the preliminary plat, because scale is appropriate for our purpose.  Moved by Björkman, Second by Sensenig. All in favor.
We will schedule a public hearing through Donna Karlsen. Somerville will provide surveyors plat to county and the contact information for the neighbors.

Allen subdivision. We sent the application to the County Planning Board, and they will . They recommended approval contingent on not creating an additional tax parcel. We need a public hearing. They want to have it before our next meeting so they can close on the sale. We will try for Aug 9thif Hershey is available. 

Filling board vacancy.Bill Yale was appointed by the town board at their last meeting. He will be sworn in by the town clerk. 
Code revision. The county Planning Board recommends approval with one modification. That is to modify the definition of Marketable Recyclable Material to explicitly exclude municipal waste due to the heightened concerns throughout the county and region regarding solid waste disposal. 
The public hearing has been delayed because the town attorney wanted to notify some more agencies and do some steps himself. It is now scheduled for September 4. 
Adjourn.Moved by Long, Second by Sensenig, All in favor.  Adjourned at 8:07.