Varick Planning Board minutes August 25, 2022

Present: Linda Mastellar (chair), Cindy Lont, Lauren Burling, April Freier, Frankie Long, Thomas Björkman (Secretary), one vacancy. 

Guests: Neil Olver, Jason McCormick. Jim Foggo, Ben Stoltzfus, Bob Hayssen & Steve Marsh, Tony Parella.

Approval of Minutes from July

Moved by Lont, second by Burling, approved 6-0

Parella lot line move. 

The proposal is to move approximately one acre on the north side of Parella’s existing lot (10-3-23), which fronts on East Lake Rd., from Lafferty’s lot 10-3-26, which fronts on Deal Rd. Parella has access to Deal Rd by easement, not by deed. 

Open public hearing: 7:02. 

No comments. 

Motion to close public hearing by Burling, Second by Long, Approved 6-0.

Close 7:03

Resolution: The Varick Planning board approved a lot-line move to take 1.023 acres from Lot 10-3-26 (Lafferty) to lot 10-3-23 (Parella). We received an Agricultural Data Statement and Environmental Assessment Form. The application was filed by both owners. 

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.

Moved by Björkman, Second by Lont, Approved 6-0.

Stolzfus subdivision.

Resolution: The Varick Planning board accepted a preliminary plat for a minor subdivision of parcel 14-1-21 at Rt 414 and Col Rd. 129, consisting of 69.236 acres into three parcels with the two smaller rectangular parcels consisting of approximately 15 acres and approximately 400 feet of road frontage. The land is in agriculture, as are the adjoining properties.

We received the fee, an Agricultural Data Statement and Environmental Assessment Form. 

Moved by Björkman, Second by Long, Approved 6-0.

The action is adjacent to the Town of Romulus, so we will notify their town clerk. We will also submit to the County Planning Board. 

Hayssen Lot line move.

The Varick Planning board had a preliminary discussion regarding a plat for a lot line move to take 1.058 acres from parcel 5-1-4 on Rt 89 to 5-12-4.12. The land is part of a residential lot and will formalize Hayssen’s longstanding use.

Olver subdivision.

The only item yet to be submitted to complete the Final Plat of this Major Subdivision is a septic determination by the Seneca County Health Department. 

Applicant suggested making side setback larger to reduce congestion and 

The main detail on which questions remain is the four lake lots, specifically the extent of development on the lake side of St. Rt. 89. Green space preservation and congestion along the highway is a priority.

The board discussed the following ways to reflect those priorities.

·      The impact of construction on the lake side is best managed by specifying a building envelope. The dimensional constraints of road setback, flood plain and maximum height provide a strong starting point. The scale of construction can therefore be managed primarily with a maximum structure width, i.e. the side facing the road and lake. The typical width in the area is 25-30 feet. Increasing the side setbacks was also discussed. It was the sense of the board that a maximum building width of 30 feet is reasonable.

·      Consider how to buffer incompatible uses. 

·      Retaining trees is essential for maintaining the key natural features. The issue is noteworthy because recent destruction of lakeside vegetation in the area has had significant detrimental visual impact and created erosion and water-quality hazard. We will investigate language that provides appropriate flexibility to allow development while also preserving the essential natural characteristics.

·      The properties will not be eligible for a short-term-rental permit.

For west side (~1 acre), consider a limit on the total number of structures on the lot and setbacks.

We anticipate receiving the septic determination by the next meeting, which would allow accepting the Final Plat application. The board would then develop the list of requirements to go in the record of the resulting lots, and following a public hearing, vote on approving the Final Plat. 

Public comment

Jim Foggo: The negative impact of a concentration of short-term rentals on permanent residents is substantial because of how much congestion-related problems are exacerbated. Owning through corporations can particularly insidious.

Fees. Town board made a small change and approved. Applications forms will now be needed; the fees should be noted on the forms. The fees will be effective October 1.

The Special Use Permit moratorium is still in effect. Public hearing is coming up for Local Law #4, which places a moratorium on certain development of parcels that are in both the Agriculture Rural Residential and Lakeshore Residential Districts so that regulations can be developed to address larger scale development in the ARR part that would substantially impact the LR part in ways not permitted there. 

Short Term Rental

Resolution.

Varick Planning Board thanks the short-term rental committee for the great effort to produce the new regulations that have turned out so well. 

Moved by Björkman, second by Burling. Passed 6-0.

Lont is sending 64 Short Term Rental owners a notification introducing law, the steps for applying, requirements, public hearing. Town Clerk Karlsen has been getting calls about applications, but only from existing operators.

The new law sets the maximum occupancy by various criteria, but never more than 10. 

The town will hire a clerk to manage short-term-rental process, as well as serve as secretary to the planning and zoning-appeals boards. A few promising applications have already been received.

Areas for further refining include limiting the total number of permits, with a higher cap on owner-supervised rentals and clarifying that it is not possible to obtain a variance that results in a short-term-rental permit. 

The discussion considered having a separate cap for the Lakeshore Residential District and rest of the Town, perhaps a separate cap for the Cayuga Lake and Seneca Lake parts. Even if the cap is initially exceeded by the grandfathered used this year, the number would go down as permits go unrenewed. Watkins Glen recently put a limit of 8% of residences being offered as short-term rentals. A similar number would be appropriate in this Town. 

Future Zoning Code actions 

Need to increase setbacks for non-conforming lots to avoid exacerbating congestion, especially on lake lots that are already too narrow. 

Barbara Johnston of LaBella will be assisting with code revisions. 

Adjournment

Moved by Burling, second by Lont. Approved 6-0. Adjourned at 9:06 pm.

Varick Planning Board minutes July 28, 2022

Varick Planning Board minutes

July 28, 2022

Present: Linda Mastellar (chair), Cindy Lont, Lauren Burling, April Freier, Frankie Long, Thomas Björkman (Secty) One vacancy. 

Guests: Neil & Lisa Olver. Jim Foggo, Steve Marsh, Tony Parella, Mike Karlsen.

Called to Order 7:03 pm

Minutes for June

Approval moved by Burling, second by Lont. Approved 6-0 

Public comment

David C. Swanson, Rt. 89

The condominium project proposed by Mr. Lin at 4608 State Route 89 has several aspects that concern Mr. Swanson, a neighbor. 

•       Fifteen duplex condominiums does not fit the “Rural residential” character of the LR District.
•      Farmland will be converted to residential use, a conversion that is explicitly discouraged in the Zoning Code
•      The access road will pass through a designated wetland
•       The number of septic systems proposed would result in an increased load to Cayuga Lake, a short distance downslope.

Lafferty- Parella lot line move. With the pervious lot line moves filed with the town, we agreed to move ahead with this application.

 

Resolution: We accepted a preliminary plat for a lot-line move to take 1.023 acres from Lot 10-3-26.1 (Lafferty) to lot 10-3-26.2 (Parella). The move involves no frontage on the road and all dimensions are over 100 feet. We received an application, Agricultural Data Statement and short Environmental Assessment Form. 

Moved by Björkman, Second by Lont Approved 6-0.

Update on Short Term Rental Code.

The STR committee made a few clarifying changes to the last version, and provided that version to the Town Board for their meeting on July 19. 

The code was approved at special Town Board meeting on July 19. The legislation was filed with the State and is expected to be in force by August 15. Björkman will post the new Zoning Code on the Town website.

The Town board also agreed to provide administrative support for STR applications, and a job has been posted.

The Special Use Permit Moratorium was also renewed at the last town board meeting until August 15^th

Limiting to two STR permits per owner is possible according to counsel.

Administrative support. 

The planning board will have support from attorney Wendy Marsh, for STR administration, the next round of code revision, as well as for the Lin Project on Rt. 89. We have no direction from the Town Board on the last issue at this time. Marsh met with Supervisor Hayssen, Clerk Karlsen and Planning Board members Mastellar and Lont to review major issues. 

Review of Fees. 

Resolution:

The Varick Planning Board proposes to the Town Board adopting the following fee structure. 

Special Use Permit                                                                                             $100

Short Term Rental Application (includes first year if approved)                       $500

STR Annual Renewal                                                                                         $250

Lot Line adjustment                                                                                           $100

Site Plan Review                                                                                               $100

Major Subdivision (preliminary plat) (5 or more lots)             $250 plus $50 per lot

Major Subdivision (final plat)  (Five or more lots)              $1000 plus $100 per lot 

Minor Subdivision (up to and including 4 lots)                       $250 plus $50 per lot

Moved Lont. Second Björkman. Approved 6-0.

[Note: the Town Board adopted these new fees on August 2, increasing the Special Use Permit fee to $250.]

Olver Major Subdivision.

The preliminary plat for this subdivision was accepted at the May planning board meeting. A Final Plat application needs to be filed within six months of that acceptance. The applicants, Neil and Lisa Olver, attended to discuss the likely requirements in that application.

Seneca County Soil and Water marked the high-water mark. That location is important to determining the eastern limit of structures on the lake side of Rt. 89.

The applicant provided a completed survey map showing the lot lines. The Board felt that the location of the lines was good, and that the application details can be developed based on this survey map.

The applicant provided Agricultural Data Statement with the Preliminary Plat that is satisfactory for the Final Plat application.

We anticipate that this subdivision will be classified as an “unlisted action” for the State Environmental Quality Review, so the short Environmental Assessment Form will be sufficient.

In order to complete the application, the following information will be needed of those listed in Article V Section 4 of the subdivision code. 

·      A letter from the Town of Varick indicating that the new lots can tie into municipal water from Varick Water District #4.

·      Confirmation from the Seneca County Health Department that each new lot has the capacity for a septic system. All septic systems must be west of Rt. 89.

The board discussed how to describe a building envelope on the lake side that will preserve essential natural features, such as the open nature of the lakefront. An effective approach would be a maximum building envelope, with the simplest manifestation being a maximum width of the structure. Bjorkman proposed 24 ft north-south (i.e. facing the road) as a starting point for discussion. The code already limits the height to 12 ft above the road centerline all the way to high water mark. Side (10 ft), lake (10 ft) and road (50 ft) setbacks as in Zoning Code could be sufficient. The Zoning code bulk table limits the footprint to 25% of the lot, which is considerably larger than any contemplated structure, thus a lower limit would need to be specified for these lots if that is the intent. 

Adjournment

Moved by Burling, Second by Freier. Approved 6-0.

Adjourned 9:22 pm 

Varick Planning board minutes June 23, 2022

Varick Planning board minutes

June 23, 2022

Present: Linda Mastellar (chair), Cindy Lont, Lauren Burling (by Zoom), April Freier, Frankie Long, Thomas Björkman (Secty) One vacancy. 

Guests: Richard Jensen, Neil & Lisa Olver. 

Called to Order 7:12  pm

Minutes for May

Approval moved by Lont, second by Freier. Approved 6-0 

 

Public comment

 

https://www.adirondackexplorer.org/apa_book/weak-law-hurts-shorelines

 

Foggo sent an article about Lake George 2014 impact of weak shoreline protection. Lake George ultimately took aggressive zoning law steps to attempt to better protect the shorelines, including the new construction setback requirement of 75 feet from the high water mark and limits on tree and shrub cutting I mentioned at the last meeting.

 

 

Jensen subdivision. 

 

Public hearing

Opened 7:41. 
No comments.

Closed 7:42 Moved by Björkman, Second by Long. Approved 6-0. 

 

The applicant provided a Subdivision application, fee, EAF and SEQR. The proposed action was reviewed by the Seneca County Planning Board. They recommended that the application be “…approved conditional upon 1) the larger parcel being made a part of tax parcel 11-1-8.12, and 2) either enlarging the smaller parcel to a size where it can be demonstrated that there is enough room for a typical 3 bedroom house, septic system and well by trading land with land from tax parcel 11-1-8.12, or merging the smaller parcel with the adjacent tax parcel 11-1-8.2 that has the same owner as the parcel being subdivided.

 

These alternatives were discussed the applicant. The applicant/owner intends for the residual parcel to have different ownership from the adjacent parcels, which precludes combining them now. He is aware that the remaining parcel is not buildable, and accepts that as a good feature of its anticipated use as a recreational site for his family into the future. He recognizes that be the only future prospective buyers are likely the owners of the two neighboring parcels. 

 

Resolution

The Varick planning board issues Final Approval of the Jensen subdivision. This action transfers 33 acres of Lot 11-1-8.11 to Lot 11-1-8.12 leaving 1.26 acres.

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 1) the larger parcel being made a part of tax parcel 11-1-8.12, and 2) either enlarging the smaller parcel to a size where it can be demonstrated that there is enough room for a typical 3 bedroom house, septic system and well by trading land with land from tax parcel 11-1-8.12, or merging the smaller parcel with the adjacent tax parcel 11-1-8.2 that has the same owner as the parcel being subdivided. This resolution does not incorporate the second restriction that the action.

Moved by Björkman, seconded by Lont. 

Because this action is not fully consistent with the County’s recommendation, it requires a supermajority (5 yes votes) to be approved. 

Passed 6-0

Olver subdivision

 

The preliminary plat was accepted in April. The applicant has six months to submit a final plat for consideration. The applicants an board discussed which parts of the plan were likely to require further discussion and which appeared mostly settled. 

 

The board did not see any immediate concerns with the proposed property lines and encourage the applicant to proceed with the application using those lines. Indeed, they are very well thought out to preserve the value of the property for agricultural and residential use in the future. 

The main question will be to determine a building envelope for the lake side of parcels 4-7 that accomplishes the protections of natural features as described in IV §7. F. of the subdivision code since this stretch of lakefront recognized as an irreplaceable asset of the community.  

 

Lin project

The landowner is ready to apply for a Special Use Permit, but the town board has placed a temporary moratorium on issuing those. No action was taken. 

 

 

Short Term Rentals

 

The STR committee met with attorney Tom Fucilllo for guidance on the permanent version of the STR regulations. They also met with Town Attorneys Frank Fisher and Steve Ricci. They identified desirable and enforceable ways to achieve the major goals of accountability by owners and limitation on commercial conversions. 

 

Town board had an extra meeting in June to pass LL#3 to replace LL#1 to correct some technical defects.

The town board wants a system of permits for short-term-rentals. The permit will be non-transferrable and have an expiration date. 

 

Code Enforcement Officer Tim Dorn reports that he is no longer getting calls from realtors regarding STR properties since the local law was passed. 

 

The discussion on size has a maximum occupancy of 10. But a mechanism is needed to a lower limit to account for the number of bedrooms, septic capacity, parking space, and proximity to neighbors. Parking requirements should be explicit that trailers, typically boat trailerscount as a vehicle.

 

The current estimate is there are or have been 60 STRs on the lakes, where there are ~330 houses. That is close to 20% of the housing is used for STR. 

 

Fees.

Cindy Lont has collected fee information from adjacent towns. The fees in the Town of Varick are about half for the things we a charge for, but those fees were also set 18 to 45 years ago. Other towns have fees for many things that we do not, but those go well beyond the Planning Board’s purview. We will develop a recommendation at the next meeting. 

 

Adjournment

 

Moved by Björkman, Second by Lont. Approved 6-0.

 

Adjourned 9:06 pm 

Varick Planning board minutes May 26, 2022

Varick Planning board minutes

May 26, 2022

Present: Linda Mastellar (chair), Cindy Lont, Lauren Burling, April Freier, Frankie Long, Thomas Björkman (Secty). One vacancy. 

Guests: James Foggo, Dick Jensen, Neil & Lisa Olver.

Called to Order 7:02pm

Minutes for April

Approval moved by Burling, second by Lont. Approved 6-0 

 

Short Term Rentals

 

The laws passed at the Town Board and will serve in the interim. It was filed with the Secretary of State and will take effect soon. 

 

Thomas will update the Zoning Code on the Town website. SUP application due Sept 1, and the permit will have an expiration date. Working with ZCEO Dorn on enforcement. Insurance is not a requirement by the town because it is too hard to enforce and there are other mechanisms to ensure that owners do so. The town has a temporary (6 month) moratorium on Special Use Permits, until a second Town Law is approved by the state that has developers pay for any required engineering. 

 

Public comment

 

Jim Foggo. Thanks for STR effort. Comp plan has been mentioned many times. One relevant item is worth recollecting. There was a survey in 2004, with over a thousand responses for each question. What people valued and what concerns are documented. Friends and family nearby, rural environment. Quality of Life, open greenspaces and farms, low-volume country roads. Intimate neighborhood and neighbors you know (>60%). Town should protect farmland from development. 88% reduce conflict between farm and non-farm.

 

Jensen subdivision. 

The Board discussed a preliminary proposal for a subdivision on Rt 414 just south of Fayette.  The current parcel is an odd shaped lot made up of a piece of 1.26 acres near the highway that has only laneway access, and further laneway access around another parcel to a second piece of 33 acres. The proposal is to join the rear piece and laneway to the lot immediately in front of it to create one large contiguous agricultural parcel. The portion by the highway would be a conventional residential lot. 

 

The applicant will provide a Subdivision application, fee, EAF and SEQR. 

 

The planning board found the proposal to be acceptable even though the residual lot remains unconforming for the road frontage. We will move forward next month.

Andrus-Seymour subdivision

This subdivision was approved in April contingent on the County Planning Board not asking for any conditions. The subdivision was considered by the County Planning Board in May, and they had no comment or conditions. Therefore the subdivision is fully approved. 

Olver project

 

The planning board considered the preliminary plat for a major subdivision to seven parcels. The former Varick Winery property on Rt. 89. The preliminary plat for a major subdivision to eight parcels. Four lake parcels each with 185 of frontage on the road and lake, comprising 1.4 ac each. Other parcels are manor, winery and farmland. The farmland would likely be joined to neighboring farm parcels. 

 

The applicant and board discussed the preliminary plat, including different ways to achieve the ends the applicants and the board desired.

 

 

Some concerns that are likely to be included.

The farmland lots will not be further subdivided in the future. While the farmer to the west will buy the lot, road access from Rt.89 on the east is desirable. 
The four lake lots will not be further subdivided. The applicants hoped to focus construction on the lake side, but some board members expressed concern, voiced at the public hearing as well, that construction would harm valuable natural features of this distinctive property.

 

The subdivision code provides 45 days after the public hearing to vote on approval of the preliminary Plat. The public hearing was held on April 28. 2022. 

 

Resolution

 

The Varick Planning Board accepts the Preliminary Plat for the major subdivision of Parcel 12-28.12. 

The approval is anticipates the following conditions in the final Subdivision Plat.

 

·      Parcel 1 is the manor house and adjacent barns and orchards. 

·      Parcel 2 could be joined with an adjacent parcel having sufficient road frontage, in which case the connector to Rt 89 frontage can be removed

·      Parcel 3 will not be an agricultural use, so the former winery will have the restrictions on commercial uses pertaining to the Lakeshore Residential District. 

·      Parcels 4-7 are1.4 acres straddling Rt. 89 and approximately 185 ft of road and lake frontage. Buildings on the east side of the highway are likely to need greater restrictions than in the Zoning Code in order to preserve natural features as describes in IV 7F of the subdivision code, as well as limitations on buildability in IV 5A of the subdivision code.

In granting this approval, the Varick Planning Board identifies no waivers that have been requested and which in its opinion may be waived without jeopardy to the public health, safety, morals, and general welfare.

Approval of a Preliminary Plat shall not constitute approval of the Subdivision Plat, but rather it shall be deemed an expression of approval of the design submitted on the Preliminary Plat as a guide to the preparation of the Plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of these regulations. The applicant has six months from the date of this approval to submit a final Subdivision Plat. Prior to approval of the Subdivision Plat, the Planning Board may require additional changes as a result of new information obtained at the public hearing. 

 

Moved by Burling, Second by Lont. Approved 6-0.

 

Fees

 

Cindy Lont has collected fee information from adjacent towns. She will send them to us and we will discuss a recommendation for Varick next month. 

 

Adjournment

 

Moved by Burling, Second by Freier. Approved 6-0.

 

Adjourned 9:13 pm 

Varick Planning board minutes April 28, 2022

 Varick Planning board minutes

April 28, 2022

Present: Linda Mastellar (chair), Cindy Lont, Lauren Burling, April Freier (by Zoom), Frankie Long, Thomas Björkman (Secty) One vacancy. 

Guests: Bob Hayssen, James Foggo, Steve March 

Called to Order 7:05pm

Minutes for March

Approval moved by Lont, second by Long. Approved 6-0 

 

Public comment

 

Jim Foggo. Re Lin project. The scope of the plan, high-density housing, is inconsistent with AAR district low-density residential use. The lack of public sewer is a concern, with so many septic systems in a place that is quite wet. The impact is disproportionate to what has been done here. The impact of the project needs to be better studied. There has been far more development in the last couple years than in recent decades. More planning regarding development in the zone where there is now greater development pressure, which includes AAR district adjacent to the LR district.

 

Steve Marsh. Thinks the project is beyond the scale appropriate for the location. There was some work going on that seemed to be impacting the wetlands. 

 

Bob Hayssen. A Development fee is needed to cover costs on major subdivisions.

A DoT permit is needed for a driveway of this type. Approval is not a given with the curve in the highway.

 

First Light project

A company is intending to place an antenna array in the former FLTG property. 

Resolution

The Varick Planning Board approves the Special Use Permit for installation of Telecommunications Towers on Parcel 7-1-44 at 4902 McGrane Rd. Romulus, NY. 

The board conducted a review of the requirements for a Telecommunications Tower Special Use Permit and did a Site Plan Review.

The proposed infrastructure meets all of the requirements of the Zoning Code and the applicant has filed a decommissioning bond that has been approved by the Town Attorney. 

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 Planning Board directs the Varick Zoning Code Enforcement Officer to issue the permit. 

Moved by Björkman, Second by Burling.  Approved 6-0

Andrus-Seymour subdivision

 

Resolution

 

The Varick planning board issues Final Approval of the Andrus-Seymour subdivision. This action is a minor subdivision of parcel 14-1-22 of 111.625 acres located at the corner of State Route 414 and County Road 148. One parcel of 79.537 acres on the corner will have 1741 feet of frontage on State Route 414 and about 1460 feet on County Road 148. The second parcel of 32.088 acres will have 813 feet of frontage on Rt. 414. The larger parcel will remain in agriculture, the smaller parcel will be developed in part for residential use.

 

The applicant supplied an Agricultural Data Statement. The board finds that there will be minor impact on adjoining agricultural uses because a house will be built on one of the lots.

 

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 significant change in land use, nor creates a condition that would encourage one. The board makes a negative declaration of environmental impact.

 

This approval is contingent on unconditional recommendation by the County Planning Board.

 

Moved by Björkman, seconded by Lont. 

Passed with 6-0

 

Olver project

 

The planning board considered the preliminary plat for a major subdivision to seven parcels The former Varick Winery property on Rt. 89. The preliminary plat for a major subdivision to eight parcels. Four lake parcels 3x185, 1x 165, each 1.4. Other parcels are manor, winery and two farmland. The farmland would likely be joined to neighboring farm parcels. 

 

Public hearing opened at 7:55

 

Hayssen. Sad to see this property broken up.

Foggo. This is one of the most scenic places on the Scenic Byway. Can scenic features be preserved? It would be best if construction would be on the uphill side of the highway rather than on the lakefront. This is gone forever if it is chopped up. Maintain the scenic value of the parcel. 

 

Public hearing closed 8:05 Moved by Long, second by Burling, Approved 6-0

 

 

The Planning Board will do the review next month. The rules provide 45 days after the public hearing to vote on approval of the preliminary Plat. 

 

Fees

Supervisor Hayssen reported that the Town Board will act on two local laws at the May meeting. 

Local Law #1 establishes short term rentals as a Special Use. 

Local Law #2 established fees for development costs associated with applications and permits.

In addition, effective April 4, the Town established a moratorium on new Special Use Permits until the fees are set. The goal is to avoid having special-use applications reviewed until there is a fee in place. 

 

An initial STR fee of $125 is being discussed by the STR committee. The question is which Town costs should it cover. 

 

Supervisor Hayssen suggested that the Planning Board recommend how much the fees should be, and the Town Board can consider adopting those. The Planning Board will review them at the next meeting. 

 

Short Term Rentals.

 

The public hearing on Local Law #1 is at the Town Board on Tuesday.

 

The next step is to develop the application form and process for evaluating applications. 

Residents have recommended looking at Finger Lakes’ Premier Properties contract because owners and neighbors have been satisfied with renter behavior where those rules apply.

 

Resident Foggo recommended that the permit have a code of conduct that the owner and manager agree to enforce, and that the permit can be revoked if they do not. 

 

Adjournment

 

Moved by Freier, Second by Björkman. Approved 6-0.

Adjourned 8:42 pm

Varick Planning Board March 24, 2022

Varick Planning board minutes

March 24, 2022

Present: Linda Mastellar (chair), Cindy Lont, Lauren Burling (by Zoom), April Freier (by Zoom), Frankie Long, Thomas Björkman (Secty) One vacancy. 

Guests: Jason McCormick and Mark Lin; Scott Siganowich of First Light; James Foggo, Jim Hetland, Tom Byrne, Liam Byrne, Eric Riegel, Bob Hayssen

Called to Order 7:06pm

Minutes for February

Two corrections made. 

Approval moved by Lont, second by Long. Approved 5-0 

 

Public comment

Jim Foggo. Comment on Backlund and Lin project. Third generation living next to that property. Have strong reservations about the proposed project. 

Quoted the intent of Ag and Rural Residential District. Notably keep agriculture and low-density agricultural in contrast to suburban-style higher-density development. Asks to have the approvals sought. E.g. are they doing cluster subdivision or something else. Thirty residences could become immediate short-term rentals. How will the proposal evaluated against expectations.  

 

Jim Hetland. Fayette had a lot of trouble with STR. Not better for residents. 

 

 

Lin project

 

McCormack and Lin presented the latest plan for discussion with the board. The plan is for a condominium of 15 duplexes on 42 acres. Development takes up about 22 acres. This version has small alterations to waterlines and road. This action would not be a property subdivision under the Subdivision Code; it would be evaluated as a “cluster subdivision” under the Varick Zoning Code. 

 

The amount of traffic was estimated by the New York Department of Transportation at 120 trips per day for 30 residences. Driveway safety was discussed in relation to traffic on Rt. 89. 

 

Maintenance of common areas is proposed to be done by the HOA. Mr. Hayssen noted that the houses are outside the water district, so access to town water would have to be approved by the Town Board based on the supply requirement. 

 

Each unit would for ~$350k. Intent is to build in one phase.

 

A member of the public noted that Smith farm next door has sheep that generate typical farm noise and odor, which could potentially be a conflict.

First Light project.

A company is intending to place an antenna array in the former FLTG property. Scott Siganowich provided a draft bond for $145,000. The company installing made the estimate for decommissioning. We will have the town attorney check for satisfaction. (8-12 satellites in a row)

All the conditions appear to be met, so we anticipate acting on the permit at the next meeting. 

 Olver project.

The former Varick Winery property on Rt. 89. Presented a preliminary plat for a major subdivision to eight parcels. Four lake parcels 3x185, 1x 165, each 1.4. Other parcels are manor, winery and two farmland. The farmland would likely be joined to neighboring farm parcels. 

 

Resolution

 

The Varick Planning Board accepts a Preliminary Plat for a Major subdivision of parcel 09-1-28.12 into 8 lots. The applicant provided an application, preliminary plat and fee. The applicant will supply the Agricultural Data Statement within a week. 

 

Moved by Björkman, Second by Long. Approved 5-0-1.

 

            A public hearing will be held next month. 

Perella project.

The board discussed a preliminary sketch for an additional move on the recently-approved parcels, to add an additional acre from parcel 10-23-26.1 to parcel 10-23-25.2. 

 

The board agreed to consider the proposal once the previously required merger of lots 10-23-25.3, 10-23-25.122,10-23-24 is filed with the county.

Andrus-Seymour subdivision.

 

Resolution

The board accepted an application for a minor subdivision of parcel 14-1-22 of 74 acres, taking out 33 acres that will have 775 feet of frontage on Rt. 414. The use is all agricultural. The applicant provided an application, preliminary plat and fee. The applicant will supply the Agricultural Data Statement within a week. 

 

Moved by Björkman, Second by Burling. Approved 5-0-1.

 

A public hearing will be held next month.

 

Short Term Rentals.

 

County planning board reviewed the proposed short-term-rental rules for our Zoning Code. Voted 7-4-1 on recommending the rules on STR with the caveat that a definition of short-term-rental in code be added. The vote was not enough to approve, because it requires a majority of the 15 members. Their concerns were that some language was too vague for enforcement, and cap on ownership.

We will find out the specific the implications of the vote for the next steps. 

The STR subcommittee will develop more precise words for the ones the County Planning Board found vague so these can be presented to the Town Board at the public hearing on April 5.

 

Adjournment

 

Moved by Burling, Second by Björkman. Approved 5-0.

 

Adjourned 9:25 pm 

 

Varick Planning Board February 24, 2022

 Varick Planning board minutes

February 24, 2022

Present: Linda Mastellar (chair), April Freier, Cindy Lont, Lauren Burling, Frankie Long, Thomas Björkman (Secty) One vacancy. 

Guests: Jason McCormick and Mark Lin; Scott Siganowich of First Light; Jim Foggo.

Call to order 7:02 pm

 

Introduced new practice of general public comment of three minutes in order to work more efficiently.

 

No general comments at the beginning of the meeting.

Minutes for January

Approval moved by Freier, Second by Lont. Approved 6-0.

Martin Subdivision

Open public hearing for Jason Martin subdivision. 7:08

Foggo commented that every subdivision of agricultural land reduces the value of the land for agriculture.

Close public hearing.7:12 

Moved by Björkman, second by Lont. Approved 6-0

Resolution of final approval

The Varick Planning Board issues final approval of the subdivision of parcel 15-1-46 into three parts. A house lot of 1.18 ac will have 176 ft of frontage on Rt. 89. A residential lot will be 16.6 acres with frontage on Rt. 89 and Town Line Rd. The farm field parcel will be approximately 85 acres with frontage on S Town Line Rd.

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 declares 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. 

 

Moved by Freier Second by Long. Approved 6-0

 

Chair Mastellar will stamp and sign the maps once the applicant brings them to her. 

 

Lin project

 

McCormack and Lin presented the latest plan for discussion with the board. The plan is now a condominium of 15 duplexes on 43 acres. They feel that this configuration will be a better fit with providing lake view and projected sales. The development would have municipal water but individual septic systems. McCormack is using an advanced septic design that has had good success with recent lake-adjacent clients and regulators.

The property would have Community areas at top (woods) and bottom (lake).

The overall property would use infiltration basins to manage newly generated stormwater and thereby minimize flooding risk for the duplexes and for the highway and lakeshore.

 

A driveway design at Rt 89 has been approved by NYS DOT.

Common land will be managed by a homeowners association. 

Road built to town-road standard, allowing two-way traffic and fire truck access. 

 

Board members were able to ask questions and get clarifications. T

 

The development is unique, and once submitted will be subject to site plan review and a special use permit. That process provides more flexibility in what can be developed.

First Light project.

A company is intending to place an antenna array in the former FLTG property. Scott Siganowich asked for clarification on how to determine how large the bond is needed in case of abandonment. 

 

The applicant requested that the Planning Board provide the amount of the required bond. 

 

Siganowich noted First Light’s estimated cost, but does not have the client’s cost of disposing of the antennas themselves. The planning board will obtain guidance from the Town Attorney, and will seek other guidance as well. The cost of obtaining such information will be borne by the applicant. 

 

Short Term Rentals.

Zoning Officer Dorn reported that he has had numerous inquiries from out of towners regarding short-term rentals.

The board discussed the subcommittees recommendation for an interim code change that would make short-term rental a Special Use in all Zoning Districts except SBI and WITE, where it would not be permitted. Currently, the high demand is in the Lakeshore Residential District, but there is interest in the Agriculture and Rural Residential District as well. 

 

One concern is how to limit the number of short-term rentals effectively so that they do not have a negative impact on the principal quality-of-life conditions current residents value. One option is to issue permits in an expedited way to people who have been paying the occupancy tax to date. 

 

·      Sufficient parking for the number of guests on the rental property must be available on site. Parking by renters and guests on the street, private roads, neighboring driveways and yards is strictly prohibited. 

·      Certification of a working septic system, if applicable, shall be provided by the applicant. 

·      Seneca County safety requirements must be met. 

·      Short-term rental owners must provide their neighbors, in writing, with contact information so that the owner or manager can be notified of, and remedy, problems with the property or renters. Property owners are responsible for renter compliance. 

·      Any use that is obnoxious or offensive or creates a nuisance to the occupants and visitors of adjacent buildings or premises by reason of noise, odor, or smoke is prohibited. 

·      Noise at the property line needs to comply with the Noise Ordinance. 

·      Pet owners must comply with the Dog Ordinance, as well as the following: 

Dogs must not leave the property of the STR; they should be leashed if being walked in the community. 

Domestic pets, including dogs, should not be left alone for extended periods of time, especially if they bark or are destructive. 

Dogs that bark more than a minimum amount are not a good fit to leave in a short-term rental. 

·      There shall be no open fires between 11 pm and 7 am. All fires must be attended, and should not be smoky or smoldering. 

·      Renters may not use the property for any commercial uses, monetary gain, or any large event. 

·      These renter expectations must be posted in each short-term rental property. 

·      A property owner may not have more than two short-term rental permits, directly or indirectly. 

 

Resolution:

The Planning board asks Chair Mastellar to attend the next Town Board meeting and present the subcommittees proposal as a recommended interim code change.

 

Moved by Björkman, Second by Burling. Approved 6-0

Adjournment

Moved by Björkman, Second by Burling. Approved 6-0

Adjourned at 9:07 pm