Varick Planning Board, August 22, 2019

Varick Planning Board

August 22, 2019 

Meeting called to order at 7:00 p.m. 

Present: Linda Mastellar (chair), Hershey Sensenig, Rich Olsen, Frankie Long Absent: Thomas Björkman (Secretary), Michelle Hermann, one vacancy 

Visitors: Mr. Seth Brandow, J. Peter Gregoire 

Brandow subdivision: Reviewed a survey map to subdivide the property on 784 Yale Farm Road, Tax map lot 06-1-42. The board accepted the sketch plan for a lot line move of lot 06-1-42. The proposal is to turn the lot, currently 9.92 acres into three lots, Parcel A, 1 acres; Parcel B 4 acres Parcel C 5 acres. That change will be compliant after the following lot mergers , and is viewed favorably by the board. Parcel A will stand alone. Parcel B will be merged with lot 06-1-06.5. Parcel C will be merged with lot 06-1-06.4. The applicant provided the town subdivision application and application fee. 

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 board reviewed an application submitted by the Brandows who supplied an agricultural data statement. The board finds that there will be no impact on adjoining agricultural uses because the land use will not change.

The documents were complete so we can proceed.

We classified it as a lot line move, which brings the affected lots into compliance with Varick's existing codes.

forward the application to the county and schedule a public hearing for September 26, 2019.

Moved by Matellar, Seconded by Long, 4-0.

Sommerville subdivision:

We received the sewer and water plan that was approved by the Seneca County Health Department.  These documents fulfill the outstanding requirements for the subdivision.  Linda review and sign the survey maps when she receives them if they are unchanged from those presented to the board.

Hershey indicated that Earl Martin would like to consider putting a galvanizing facility in Varick instead of Romulus.  Hershey indicated that Earl said that the DEC has already approved it. We said that he would be welcome to attend a future meeting to discuss the issue.

Gregoire subdivision: The county recommended that the request be approved. We reviewed the map that was submitted last meeting and was submitted to the county.  We were unable to fit the Town Of Varick approval stamp and asked that new drawings be submitted for signature.  It was moved by Richard and seconded by Frankie to grant final approval of the subdivision and have Linda review and sign the reformatted drawings. 

Klein subdivision: Preliminary application from Sandra & Richard Klein of 363 Bonnie Brae Ave for the Lot Line move on Lot 15-1-36, 5553 State Route 89 with Lot 15-1-37.   We reviewed it and the tax map application and found that it would probably be an acceptable change.

Adjourn. Moved by Long,  second by Sensenig Approved 4-0. Adjourned at 8:45 p.m.

Varick Planning Board July 26, 2019

Varick Planning Board

July 26, 2019

Meeting called to order at 7:00 p.m.

Present: Hershey Sensenig, Michelle Hermann, Rich Olsen (acting secretary), Frankie Long

Absent: Linda Mastellar (chair), Thomas Björkman (Secretary), one vacancy

Visitors: Dr. Peter Gregoire

Gregoire subdivision. Landowners: James Peter and Patricia Gregoire.

Accepted a survey map to subdivide the property on 5368 State route 89 (Rt. 89 and Ernsberger Road), Tax map lot 15-1-06.2.  The board accepted the survey map for a subdivision of lot 15-1-06.2.  The proposal is to turn the lot, currently 2.39 acres into two lots, Parcel A, 1.1 acres; Parcel B 1.29 acres.  That change is compliant with the current subdivision code, and is viewed favorably by the board.  The applicant provided the town subdivision application and application fee.

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 board reviewed an application submitted by the Gregoires' who supplied an agricultural data statement.  The board finds that there will be no impact on adjoining agricultural uses because the land use will not change.

The documents were complete except we noted that question number 9 was left blank, as Mr. Gregoire was not sure what the NYS energy code is so we can proceed.

The action transfers 1.29 acres of Lot 15-1-06.2 to a new lot number to be determined by Seneca County.

We will forward the application to the county and schedule a public hearing for August 22, 2019.

We classified it as a Minor Subdivision.

Moved by Sensenig, Seconded by Long, passed 4-0.

A motion by Hermann, seconded by Sensenig and so carried unanimously to adjourn the meeting at 7:57 p.m.

Varick Planning Board, June 27, 2019

Varick Planning Board

June 27, 2019

Called to order at 7:09 pm

Present: Mastellar, Olsen, Hermann, Sensenig, Long , Björkman. One vacancy.

Minutes.           April minutes: moved by Olsen, second Long, approved 6-0

May minutes: moved by Long, second Olsen, approved 6-0. 

Willower subdivision

Public hearing opened 7:27. Discussed railroad. 

Survey maps are not complete so we can’t sign those today.

Public hearing closed 7:28.

Resolution

The Varick Planning Board issues final approval of the Willower sub-division on Rt. 96A. The action is a lot-line move on several properties on Rt. 96A, Tax map lots 06-1-11.11, 12.2, 12.11 and 12.12. Narrow (30 ft) driveway access to 40 acres. Goal is to consolidate several parcels belonging to two owners so that each owner has a contiguous on either side of the railroad. The existing 30-foot access would not get wider, but would get slightly longer. 

The Willower lot will be all land west of the railroad, plus a 30-foot access on the south side running east to RT. 96A. The Maybury lot will be the balance of the land east of the railroad. 

The current use of the future Willower lot is woods, the future Maybury lot is farmed.

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 four conditions. We find that condition c, that the Finger Lakes Railway grant access across the tracks, or an easement obtained, cannot be met due to railroad policy and topography. We find it acceptable to have the standard agreement that landowners cross the rail at their own risk.

An agricultural data statement was provided. It showed that the action will preserve agricultural land.

Approved pending receipt of the final survey map. 

Moved by Olsen, second by Sensenig, passed 6-0. This vote required a supermajority (4+1) because we are accepting the absence of railroad permission.

Somerville subdivision

Proposal is a major subdivision of lot 6-1-40 on Yale Farm Rd., owned by  James and Dorothy Somerville. Plan is to create seven one-acre lots. The land is currently farmed by an adjoining landowner. 

Initial discussion was held on July 26, 2018.

A preliminary plat was submitted in April 2019. The county planning board asked for a development easement over the drainage line on Lot D. The applicant redrew the map to show the required easement. 

Public hearing on the subdivision and SEQR opened. 7:37  Closed 7:38.

We will need an approved water and sewer plan before approving the subdivision. The county requires a negative SEQR declaration before approving the water and sewer plan.

The action divides a 7.2 acre parcel on Yale Farm Rd. into seven lots of about 1 acre. 

Resolution:

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 significant impact because the action will lead to changes consistent with adjacent uses and the comprehensive plan. The board makes a negative declaration of environmental impact.

Received an Agricultural Data Statement and all maps. 

Approved the major subdivision conditional on approval of the sewer and water by the county health department 

Moved by Olsen and second by Sensenig, approved 6-0.

Gregoire subdivision

Gregoire had a preliminary meeting for a subdivision at Ernsberger Rd. and Rt. 89.

The whole property is about 2.4 acres with 183 of lakefront.

Short-term rental. 

Annie Bachman. They have done a short-term renal across the street from their residence. That has been asuccess. 

We need to address specific problems, do that narrowly with the rule. 

It is all right to have a nominal fee to be on the list ($500 per year is not nominal). The listing is helpful for collecting taxes because there is a county room tax @3%. Owners will appreciate knowing that all landlords are paying the room tax. 

Have a set of Town rules that managers can give to renters. That makes the expectations explicit and uniform, and takes the pressure off the owner to set rules.

Overloading the septic system is a concern. Many seasonal cottages have limited capacity to handle sewage; full occupancy every weekend can cause septic system failure and contamination of the lake. 

Principles that had good support among planning board members. 

·     The Fayette system is overkill for issues in Varick. 

·     There are a few bad absentee landlords, but owners are largely cooperative. 

·     Some of the issues raised by short term rentals are best dealt with townwide, that is applying to all properties. 

·     A septic-tank inspection requirement should be included for rental permit. The nature of the inspection criteria should be spelled out so that the test will catch any systems that can’t keep up. Newly purchased properties will have had an inspection as part of the sale.

·     The permit must identify responsible party, and they need to be easily reachable. 

·     There must be an appeal process when a permit is denied or suspended. 

·     We need a definition of Short-term Rental that is consistent with elsewhere in Seneca County. <30 a="" days="" definition="" for="" hat="" is="" nbsp="" o:p="" per="" stay="" to="" us="" use.="" useful="">

·     If Short-term Rental is a conditional use, then passing a septic inspection should be a condition.The Zoning Enforcement Officer can easily determine whether the condition has been met.

·     A townwide noise ordinance enforced by sheriff seems good. It would be enforced by the sheriff.Since it would not be in the Zoning Code, complaints under the Noise Ordinance would not be under the authority of the Zoning Enforcement Officer. 

Changes in proposed solar code. 

Added 311.21 for SBPI district in Use Table.

Changed “letter of credit” to “performance bond” 

Changed  “planning board” to “town clerk”. 

Do the same for Telecommunications. 

Add “on-site” to 311.21

Adjourned. Moved by Björkman, second by Long, approved 6-0. Adjourned 9:22 pm.

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Varick Planning Board, January 23, 2020

Varick Planning Board

January 23, 2020 

Meeting called to order at 7:00 p.m. 

Present: Linda Mastellar (chair), Rich Olsen, Frankie Long, Thomas Björkman (Secretary), Michelle Hermann, one vacancy. Absent, Hershey Sensenig

Visitors: Tony and Kim Parella, Rachel Fletcher, Nick Davoli.

Note: November and December, 2019 meetings were cancelled.

Minutes. Approve October minutes Moved by Hermann, second by Long. Approved 4-0, one abstention.

Parella Subdivision. Tony and Kim Parella.

Applicant presented a preliminary sketch plan of a lot-line move on several properties on East Lake Rd. This is a proposal to make two lot line moves and will be treated as two subdivision actions. One will enlarge parcel 10-3-2A (5487 East Lake Rd.) by taking about 9.4 acres from 10-3-25.111. The second will further enlarge parcel 10-3-2A by taking about 4.3 acres from 10-3-25.12. 

After some discussion, a fully conforming configuration was identified.

The board accepted the applications, preliminary plat, Ag Data Statement and SEQR Short EAF. We will forward the applications to the county planning board and will schedule a public hearing for February 27.

Moved by Björkman, second by Long. Approved 5-0.

Somerville subdivision. Signed final maps of Somerville subdivision that was approved at the August 22, 2019 meeting.

Meeting time. The planning board resolved to meet on the third Thursday of November and December henceforth.

Moved by Björkman, second by Hermann. Approved 5-0.

Short-term rental issues. To do for next meeting.
 Dogs. Björkman will bring draft revisions next time. 

·     Noise. Who would enforce a Town Noise Ordinance? 

Björkman will ask Harriet Haynes for guidance. 

Long will ask McMillan whether Sheriff or State Police enforce, 

Mastellar will ask Sheriff Tim Luce what other towns do. 

Waterloo and Seneca Falls have noise ordinances. Seneca County only has construction-noise regulation.

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Adjourn. Moved by Björkman, second by Olsen. Approved 5-0. Adjourned 9:12

Varick Planning Board, May 23, 2019

Varick Planning Board

May 23, 2019

Present: Linda Mastellar (chair), Rich Olsen, Frankie Long, Thomas Björkman (Secretary)

Absent: Hershey Sensenig, Michelle Hermann, one vacancy

Visitors: Lori Westervelt, Jane Drayer, Joyce Sanford, Ken Sanford, Jerry Drayer, Stephen Blaisdell, Brian Zerges

The Town Board has asked the Planning Board to propose regulation of short-term rentals to prevent associated problems from becoming worse. Several residents were in attendance to address the issue.

Residents of a private road on Seneca Lake described issues with short-term rental properties that impaired their quality of life. The situation has become worse as more houses are used for short-term rental, in particularly when there is an absentee landlord that does not use a management company. There is little response, and neighbors feel there is no recourse. The desirable qualities of living on the lake get compromised.

·     Parking: renters and their visitors bring more cars than there is room for at the rental property. They block the road, park on lawns, and on neighbors properties.

·     Noise:  Some renters are noisy, sometimes late into the night. The impact is greater than with long-term residents who have only occasional parties. With the short-term rentals, it tends to be continuous which has substantial impact on the experience of living by the lake.

·     Speeding: Some renters speed on the narrow private road. 

·     Dogs: renters allow their dogs to roam on to neighboring properties, defecate on the road, and bark continuously when their owners are away.

·     Unattended fires: These fires are a fire danger and, when smoky, cause pollution and noxious fumes. 

The concerned residents supported a license similar to Fayette’s, wherein the owner has a significant role in managing the guests. They noted that one residence managed by Finger Lakes Premier Properties has never been a problem because they make expectations clear to renters and act immediately when there is a problem. They felt that a license system that requires similar engagement would be promising.

A resident who owns a short-term rental on Rt. 89 and Cayuga Lake, Stephen Blaisdell, was concerned that the Fayette ordinance does not have sufficient due process before cancelling a license. An owner cannot reapply for a whole year. That represents too big a business risk. The $500 fee seems excessive, and the administration of the process more involved than necessary. He enlists FLPP as manager to make sure the property is not a problem. 

Brian Zerges, principal of FLPP, spoke in favor of good management of rental properties. He met with the Planning Board last year also encouraging good management so that a few problem properties didn’t result in a loss of support for all short-term rental. 

Board members observed that many of these issues are not specific to short-term rentals and could be dealt with in a general ordinance. For instance, dogs trespassing or barking is currently addressed in the Town dog ordinance and enforced by the dog-control offices. 

For several of the issues, enforcement mechanisms are a challenge. For instance, parking on the private road may not be in town or county jurisdiction. Further investigation is needed.

The planning board is interested in hearing more from owners of short-term rental properties.

Somerville subdivision

The Major Subdivision proposal came back from the County Planning Board. They indicated that the drainage pipe that passes across Lot D need to be addressed in two ways. First, the development footprint of Lot D must not include drainage pipe easement (10 feet on either side of pipe). Second, the deed needs to have and easement to restrict tree planting over drainage pipe.

The septic plan is in the process of being approved by health department. Final action on the subdivision must wait for that approval.

The County Board wanted better access to property behind, which currently has only a narrow lane that allows access to the agricultural field from Yale Farm Road. The board agreed that it would be preferable that the other parcel be compliant with current code and have at least 100 feet on the road. However, that parcel is not part of the subdivision proposal. If the owner of the property to the south wants to develop a residential subdivision in the future, they would need to buy one of lots on the road for access. 

Willower subdivision.

This Minor Subdivision proposal came back from the County Planning Board. The County Planning Board wants written permission from the Finger Lakes Railroad to access over their tracks. However, we understand that the railroad will not provide an easement not give written permission. While they also will not hinder access, the crossing will be at the landowners risk. This board considers that an existing condition that does not change as a result of the subdivision action. An easement from the north was proposed as an alternative, but that would not provide access because the property is bordered by a deep gully that is not passable by vehicle. 

The County Planning Board agreed that the short extension of the 30-foot wide access was acceptable, and that making just that part 100-ft wide would not improve the non-conforming situation. 

If our board wants to approve the subdivision without the permission from the railroad, it will require a supermajority (5 votes).

Zoning Code revisions pertaining to solar energy.

Reviewed solar code revisions. The proposed language is appended below.

Action: Send our proposed revisions to the Zoning Code, which cover solar-energy and docks, to the Town for review at their next meeting.
Moved by Björkman Second by Mastellar. Passed 4-0

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Adjourned 10:24 pm