Varick Planning Board January 26, 2023

 Present: Linda Mastellar (chair), Cindy Lont, Lauren Burling, Frankie Long, Seth Brandow

Thomas Björkman (Secretary). One vacancy. Julia Stanley (Clerk)

Guests: Short-term-rental applicants.

Called to order at 7:00 pm

Minutes for December 2022

Accept minutes with a minor correction. Moved by Brandow, Second by Burling. Approved 6-0.

General public comment.

Question what is the cap of people on short term rentals, does it include children? Answer: ten people, which include children.

If you have a property holds far more than ten, is it all right to have family gatherings of more than ten, but are limited to ten for rentals?  Yes

What is the property line, in the context of the noise ordinance.

 

Short term Rentals

Public hearings were held on 15 applications for short-term rental permits.

 

Public hearing for applicant Alan Casasanta at 4626 Willow Cove

Opened at 7:12 pm.  

Comments:  None.

Closed at 7:12 pm  Motion by Björkman, second by Brandow, approved 6-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Alan Casasanta to operate a short-term 4626 Willow Cove until January 30, 2024 on the condition that the rental is limited to six people, and that guest parking is limited to two vehicles.

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

 

The public hearing on the applicant Julia Vishnevsky and Alexander Zach at 5256 East Lake Road

Opened at 7:18 pm.  

Comments:  It has been rented.

Closed at 7:20 pm  Motion by Björkman, second by Brandow, approved 6-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Julia Vishnevsky and Alexander Zach to operate a short-term rental at 5256 East Lake Road. until January 30, 2024 on the condition that the firepit is moved further from neighbor if the neighbor requests it and not used when the wind carries the smoke to neighboring properties; and that the loft can accommodate four people.

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

 

Public hearing for applicant ​Jesse and Kelly McNulty at 4938 East Lake Road

Opened at 7:24 pm.  

Comments:  None.

Closed at 7:25 pm  Motion by Björkman, second by Brandow, approved 6-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to ​Jesse and Kelly McNulty to operate a short-term 4938 East Lake Road until January 30, 2024 on the condition that the Rental is limited to eight people, and that guest parking is limited to three vehicles.

Moved by Burling, second by Brandow, approved 6-0.

 

Public hearing for applicant Mark and Laura Mathias at 4664 Driftwood Lane

Opened at 7:34 pm.  

Comments:  None

Closed at 7:34 pm  Motion by Lont, second by Burling, approved 6-0.

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Mark and Laura Mathias to operate a short-term rental 4664 Driftwood Lane until January 30, 2024 on the condition that the rental is limited to ten people, and four vehicles outside with additional vehicles in the garage.

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

 

Public hearing for applicants Samuel Priem and Susan Zimmerman-Priem at 4646 Locust Lane

Opened at 7:44 pm.  

Comments:  None.

Closed at 7:45 pm  Motion by Björkman, second by Burling, approved 6-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Samuel Priem and Susan Zimmerman-Priem to operate a short-term 4646 Locust Lane until January 30, 2024 on the condition that guest parking is limited to two vehicles outside with any additional vehicles in the garage.

Moved by Burling, second by Brandow, approved 6-0.

 

Public hearing for applicant Hannah Stone and Carlos Bolanos at 4560 Sunset Bay

Opened at 7:49 pm.  

Comments:  None.

Closed at 7:49 pm  Motion by Björkman, second by Brandow, approved 6-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Hannah Stone and Carlos Bolanos to operate a short-term 4560 Sunset Bay until January 30, 2024 with no special conditions.

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

 

Public hearing for applicant Melissa Powers and Kristen Powers at 4568 Sunset Bay

Opened at 7:51 pm.  

Comments:  None.

Closed at 7:51 pm  Motion by Björkman, second by Brandow, approved 6-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Melissa Powers and Kristen Powers to operate a short-term 4568 Sunset Bay until January 30, 2024 with no special conditions.

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

 

Public hearing for applicant Jason and Delphine Martin at 5578 Route 89

Opened at 7:54 pm.  

Comments:  None.

Closed at 7:54 pm  Motion by Björkman, second by Brandow, approved 6-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Jason and Delphine Martin to operate a short-term 5578 Route 89 until January 30, 2024 on the condition that the rental is limited to ten people.

Moved by Björkman, second by Long, approved 6-0.

 

Public hearing for applicant Jaclyn Joyce at 5318 Route 89

Opened at 7:59 pm.  

Comments:  The address needs to be visible for renters as well as emergency services.

Closed at 8:04pm  Motion by Björkman, second by Lont, approved 6-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Jaclyn Joyce to operate a short-term 5318 Route 89 until January 30, 2024 on the condition that the address sign is compliant with emergency-services expectations.

Moved by Lont, second by Brandow, approved 6-0.

 

Public hearing for applicant John and Annie Bachman at 5318 Route 89

Opened at 8:07pm.  

Comments: none

Closed at 8:07pm  Motion by Björkman, second by Brandow, approved 6-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to John and Annie Bachman to operate a short-term 5318 Route 89 until January 30, 2024 with no special conditions.

Moved by Brandow, second by Lont, approved 6-0.

 

Public hearing for applicant ​​​Neil and Lisa Olver at 5109 Route 89

Opened at 8:09pm.  

Comments:  None.

Closed at 8:10pm  Motion by Björkman, second by Lont, approved 6-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Neil and Lisa Olver to operate a short-term 5318 Route 89 #2 until January 30, 2024 with no special conditions.

Moved by Björkman, second by Brandow, approved 6-0.

 

Public hearing for applicant Stephen and Jeanne Blaisdell at 4820 Route 89

Opened at 8:12pm.  

Comments:  None.

Closed at 8:12pm  Motion by Björkman, second by Lont, approved 6-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Stephen and Jeanne Blaisdell to operate a short-term 4820 Route 89 until January 30, 2024 on the condition that the address sign is compliant with emergency-services expectations.

Moved by Björkman, second by Brandow, approved 6-0.

 

Public hearing for applicant Janice DeLucia at 4699 Route 89

Opened at 8:13pm.  

Comments:  None.

Closed at 8:13 pm  Motion by Björkman, second by Lont, approved 6-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Janice DeLucia to operate a short-term 4699 Route 89 until January 30, 2024 with no special conditions.

Moved by Lont, second by Brandow, approved 6-0.

 

Public hearing for applicant ​​​ Derrick and Heather Hopkins at 4571 Route 89

Opened at 8:16pm.  

Comments:  Resident some distance away notes that there is noise and amplified music every weekend, and no response from the owner or renters. The location on the water at the bend makes noise propagate especially well.

Closed at 8:16 pm  Motion by Björkman, second by Brandow, approved 6-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Derrick and Heather Hopkins to operate a short-term 4571 Route 89  until January 30, 2024 on the condition that the address sign is compliant with emergency-services expectations and that trash containers are provided. If noise continues to be a problem, that would be grounds for non-renewal.

Moved by Brandow, second by Burling, approved 6-0.

 

Public hearing for applicant ​​​Cayuga Bell and Cissy LeBlanc  at 4519 Route 89

Opened at 8:43pm.  

Comments:  Neighbors say that rental use has not been a problem for them. Neighbors ask about possibility of a variance, or having two permits for one parcel.

Closed at 8:48pm  Motion by Björkman, second by Burling, approved 6-0

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Cayuga Bell and Cissy LeBlanc to operate a short-term 4519 Route 89  until January 30, 2024 with no special conditions.

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

A second application, for 4509 Route 89, was withdrawn, and the fee and application information will be credited to an application for a second building on the parcel at 4519 Route 89.

 

 

Olver Subdivision.

The Planning Board reviewed the long Environmental Assessment Form as part of the State Environmental Quality Assessment. We received that form in late November, 2022 with an amendment in December.

 

Section E3h of the EAF incorrectly stated that the property is not in a Scenic byway. State Route 89 is a state-designated scenic byway, the Cayuga Lake Scenic Byway.

Section D2b of the EAF incorrectly stated that the property is not on the shoreline of a water body. It is on the shoreline of Cayuga Lake. This is a substantive omission inasmuch as water quality in Cayuga Lake is among the most important environmental impact to consider.

Section E2c, E2d, E2e and E2f of the EAF incorrectly stated that the soils were well drained. The applicant was allowed to amend the application to show that about 75% of the property is moderately well drained and 25% is poorly drained. This is a substantive omission given that damage from downslope water movement is a major environmental concern in this part of Varick.

 

Resolution:

For the major subdivision of Parcel 9-1-28.12, the Varick Planning Board declares itself the lead agency for environmental quality review.

The Varick Planning Board classifies the proposed action as an Unlisted action.

Upon review of the Environmental Assessment Form, the board finds that the proposed action has several potential adverse environmental impacts that can minimized if specific conditions are met.

The declaration is conditional on the following.

Because the property is on the Cayuga Lake Scenic Byway, any development must meet the provisions of that Scenic byway organization.

Because the development would generate domestic wastewater, the septic systems must be west of Route 89 to protect Cayuga Lake.

Because development could alter or encroach on Cayuga Lake, its beach and shoreline, any development must preserve the integrity of the shoreline and maintain enough trees so that their root systems prevent erosion of the bank, and construction should not alter the shoreline.

The Varick Planning Board makes a Conditional Negative Declaration of Environmental Impact.

 

 

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

 

Resolution

The Varick Planning Board conditionally approves the major subdivision of Parcel 9-1-28.12.

The subdivision is to seven parcels.

 

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

●      Parcel 2 is farmland with connector to Rt 89 frontage

●      Parcel 3 is a former winery with a driveway to Rt. 89.

●      Parcels 4-7 are 1.4 acres straddling Rt. 89 and approximately 185 ft of road and lake frontage.

 

The subdivision was reviewed by the Seneca County Planning board which recommended approving the proposed dimensions.

 

This approval is conditional on meeting the conditions of the Conditional Negative Declaration in the State Environmental Quality Review.

 

Furthermore, whereas no subdivision of undeveloped lakeshore of comparable size have been approved previously, special attention needs to be placed on preserving this natural feature under Article IV, Section 7 F of the Subdivision Code. Public comment to the planning board has revealed this feature is highly valued by the community. Therefore trees west of St. Rt. 89 should be retained enough that erosion and flood damage are not increased and to maintain a vista that is framed by trees. To the greatest extent possible, red oaks with a diameter at breast height over six inches shall be preserved with their root protection zone. In addition, houses on the east side of parcels 4, 5, 6 and 7 should be no wider that 50 feet in the north-south dimension.

 

 

Moved by Long, second by Lont, approved 5-0

 

 

Adjournment.

Moved by Lont, second by Brandow, approved 5-0. Adjourned at 9:40 pm

Varick Planning Board Minutes December 15, 2022

Present: Linda Mastellar (chair), Cindy Lont, Lauren Burling, Frankie Long, Absent: Thomas Björkman (Secretary). Two vacancies. Julia Stanley (Clerk)

Guests: Seth Brandow, Brian Zerges, Brent Toner, Jason Streeter, Jill Sandroni, Tom Sandroni, Val and Tim Dorn, Annie Bachman, Terrance Faust, Neil and Lisa Olver, Rick Watts, Steve Marsh. Nathan Harris.

Called to order at 6:59 pm

Announcements: April Freier resigned from the Planning Board effective December 1. The Town Board has asked Sean Brandow to serve.

Minutes for November

Lauren not there. April present.
Accept minutes as revised. Moved by Burling, Second by Lont. Approved 4-0.

General public comment.

Unidentified speaker: If someone has been operating a short-term rental without neighbor complaints, what will change?

Short term Rentals

Public hearings were held on 12 applications for short-term rental permits.

The public hearing on the applicant Faust at 4710 E. Lake Rd
Opened at 7:10 pm. Motion by Lont, second by Burling, approved 4-0

Comments: Limit is 10 guests, Mr. Faust requested 14. Burling and Mastellar discussed the limit and informed him it was a firm limit according to the law.

Closed at 7:12 pm

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Mr. Faust to operate a short-term rental at 4710 E. Lake Rd. until January 30, 2024 on the condition that the maximum occupancy is 10 guests.

Moved by Burling, second by Long, approved 4-0

The public hearing on the applicant Youngblood at 4847 E. Lake Rd Opened at 7:15 pm. Motion by Lont, second by Burling, approved 4-0

Comments: There were comments regarding signs by neighbors, as well as trash and parking issues.

Closed at 7:18 pm

Resolution. The Varick Planning Board approves issuing a Short Term Rental License to Mr. Youngblood to operate a short-term rental at 4847 E. Lake Rd. until January 30, 2024 on the condition that the maximum number of parking spaces is 4, the maximum number of guests is 6, and visible house numbers are placed on the property.

Moved by Burling, second by Lont, approved 4-0

The public hearing on the applicant Hedworth at 5053 E. Lake Rd Opened at 7:21 pm. Motion by Lont, second by Burling, approved 4-0

Comments: Past issues with guests not staying on property, signs are now posted. Closed at 7:23 pm

Resolution. The Varick Planning Board approves issuing a Short-Term Rental License to Mr. Hedworth to operate a short-term rental at 5053 E. Lake Rd. until January 30, 2024 on the condition that trash cans have lids.

Moved by Lont, second by Long, approved 4-0

The public hearing on the applicant Henzke Trust at 5252 E. Lake Rd Opened at 7:24 pm. Motion by Lont, second by Long, approved 4-0

Comments: none Closed at 7:25 pm

Resolution. The Varick Planning Board approves issuing a Short-Term Rental License to Henzke Trust to operate a short-term rental at 5252 E. Lake Rd. until January 30, 2024 without additional conditions.

Moved by Long, second by Lont, approved 4-0

The public hearing on the applicant Zeitler at 5326 E. Lake Rd
Opened at 7:26 pm. Motion by Burling, second by Long, approved 4-0

Comments: Parking is max 7 not 8, with 2 in garage and 5 in drive, need visible house number.

Closed at 7:27 pm

Resolution. The Varick Planning Board approves issuing a Short-Term Rental License to Mr. Zeitler to operate a short-term rental at 5326 E. Lake Rd. until January 30, 2024 on the condition the maximum number of parking spaces is 7.

Moved by Lont, second by Burling, approved 4-0

The public hearing on the applicant Cindy Lont at 5621 E. Lake Rd Opened at 7:29 pm. Motion by Burling, second by Long, approved 4-0

Comments: none Closed at 7:30 pm

Resolution. The Varick Planning Board approves issuing a Short-Term Rental License to Cindy Lont to operate a short-term rental at 5621 E. Lake Rd. until January 30, 2024 without additional conditions.

Moved by Burling, second by Long, approved 4-0

The public hearing on the applicant Wendy Doyle at 5644 E. Lake Rd Opened at 7:31pm. Motion by Burling, second by Long, approved 4-0

Comments: none Closed at 7:32 pm

Resolution. The Varick Planning Board approves issuing a Short-Term Rental License to Wendy Doyle to operate a short-term rental at 5644 E. Lake Rd. until January 30, 2024 on the condition that the Planning Board is provided with a second contact number.

Moved by Burling, second by Long, approved 4-0

The public hearing on the applicant Toner at 4658 Locust Ln.
Opened at 7:34 pm. Motion by Lont, second by Burling, approved 4-0

Comments: Max parking is 2 Closed at 7:35 pm

Resolution. The Varick Planning Board approves issuing a Short-Term Rental License to Mr. Toner to operate a short-term rental at 4658 Locust Ln. until January 30, 2024 on the condition that the maximum number of parking spaces is 2, and that the operator talks to neighbors about fire pit proximity.

Moved by Burling, second by Lont approved 4-0

The public hearing on the applicant Sandroni at 4832 State Rt. 89 Opened at 7:37 pm. Motion by Burling, second by Long, approved 4-0

Comments: She mentioned it was a family home, only rented occasionally Closed at 7:39 pm

Resolution. The Varick Planning Board approves issuing a Short-Term Rental License to Sandroni to operate a short-term rental at 4832 State Rt. 89 until January 30, 2024 with no additional conditions.

Moved by Lont, second by Burling, approved 4-0

The public hearing on the applicant Olver at 5102 State Rt 89 (rear) Opened at 7:41 pm. Motion by Burling, second by Long, approved 4-0

Comments: Annie Bachman asked who is to be notified, if it was neighbors within 500 feet from property line or from the building to be rented, the wording is ambiguous. She has no issue with the rental application.

Closed at 7:43 pm

Resolution. The Varick Planning Board approves issuing a Short-Term Rental License to Neil & Lisa Olver to operate a short-term rental at 5102 State Rt 89 (rear) until January 30, 2024 with no additional conditions.

Moved by Lont, second by Burling, approved 4-0

The public hearing on the applicant Streeter- Brown at 5233 State Rt 89 Opened at 7:45 pm. Motion by Lont, second by Burling, approved 4-0

Comments: House number needs to be visible, poor site plan, parking issues. Neighbor Nathan Harris, in attendance, brought up several incidents with guests. Two cars is the maximum that fits on the property, otherwise the parking is too tight. The applicant requested three, Tim Dorn explained why the maximum is two. Harris brought up safety concerns with guests going off property and accessing water due to undefined property line. Ten guests is too many, citing fight between guests affecting his family and property Thanksgiving Day and night. Jason Streeter- Brown was very amenable discussing solutions with Mr. Harris. Agreed to a maximum occupancy 8 guests.

Closed at 7:50 pm

Resolution. The Varick Planning Board approves issuing a Short-Term Rental License to Mr. Streeter to operate a short-term rental at 5233 State Rt 89 until January 30, 2024 on the condition that max occupancy is 8, the maximum number of parking spaces is 2, and that the boundaries of the property are clear to guests.

Moved by Burling, second by Lont, approved 4-0

The public hearing on the applicant Tim Dorn at 5549 State Rt 89 Opened at 7:57 pm. Motion by Burling, second by Lont, approved 4-0

Comments: none Closed at 7:30 pm

Resolution. The Varick Planning Board approves issuing a Short-Term Rental License to Tim Dorn to operate a short-term rental at 5549 State Rt 89 until January 30, 2024 without additional conditions.

Moved by Lont, second by Burling, approved 4-0

Olver Subdivision.

The Planning Board reviewed the Environmental Assessment Form as part of the State Environmental Quality Assessment. We received that form in late November.

The board cannot make a negative SEQR declaration yet because there was incorrect information about soils and there are issues that need closer scrutiny.

The chair reminded the applicants about the procedure, the fact that this is a Major Subdivision requiring that those rules be followed, and that the SEQR requires addressing concerns with erosion, flooding, visual impact, community character that are raised by this application.

Resolution:

The Varick Planning Board will submit the application Final Plat for the major subdivision of Parcel 9-1-28.12 to the Seneca County Planning Board.

The Varick Planning Board requests that the Town Board provide legal support under Local Law No. 2 of 2022 in order to assist with the State Environmental Quality Review.

Moved by Burling, Second by Lont. Approved 4-0.

Zoning Code Revisions

The board discussed final revisions of the proposed Zoning Code, incorporating technical corrections from the Town attorneys and clarification from various town officials.

Two items needed attention.

Resolution:
The Varick Planning Board submits the draft of December 12, 2022, amended with these two changes, to the Varick Town Board with the recommendation that they act to adopt it as town law.

In section 315.2, delete "Applications from short term rental owners, received by Jan. 31, 2023 and who owned the property before July 19, 2022, will be exempt from the limit." because that provision will be moot when the code takes effect.

In section 501.1 Replace the two incomplete sentences with “Discontinued nonconforming uses or residential occupancy shall not be resumed. A use shall be considered discontinued

one calendar year after cessation of use or condemnation by the County Health Department.”

Adjournment.
Moved by Burling, second by Long, approved 4-0. Adjourned at 9:05 pm

Varick Planning Board Minutes November 17, 2022

Present: Linda Mastellar (chair), Cindy Lont, Lauren Burling, Frankie Long, April Freier
Absent: Thomas Björkman (Secretary). One vacancy. Julia Stanley (Clerk)
Guests: Richard Olsen. Nancy LoFaro, John Bachman, Annie Bachman, Neil Olver, Lisa Olver, Tom Smith (atty for Olvers), Steve Marsh, Jim Foggo, Eric Riegel, Mari Riegel, Robert Gillespie, Bob Hayssen.

 

Called to Order at 7:00

 

Approval of Minutes from October

Moved by Lont, second by Freier, approved 5-0.

 

Stoltzfus subdivision.

County recommended approval.

Public hearing on application for subdivision and State Environmental Quality Review.

Opened at 7:08

No comments

Closed at 7:09. Moved by Long, second by Freier, approved 5-0

State Environmental Quality Review

Resolution

The Varick planning board issues Final Approval of the Stoltzfus minor subdivision. This action divides 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 applicant supplied an Agricultural Data Statement. The land is in agriculture, as are the adjoining properties. 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 and finds that this is an Unlisted Action. 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 Lont, second by Long, approved 5-0

 

 

 

Olver subdivision

Public hearing on application for the major subdivision and State Environmental Quality Review.

This public hearing is being held under Article III, Section 4 E within 45 days of the official submission of the subdivision plat (October 27, 2022). Following the public hearing, the Planning board has 45 days to approve, conditionally approve or deny the application. This time may be extended by mutual consent of the subdivider and the Planning Board.

 

Opened at  7:10

Nancy LoFaro, Neighbor. Subdivision sounds good.

Annie Bachman. Neighbors on South for 27 Years. This is the third owner of the property in this time. It is an obvious opportunity for subdivision, and surprising that it hasn’t happened. Hoping for an uncrowded subdivision. The proposed lots with large roadfront and lakefront are good. As chair of Zoning Board of Appeal, so very familiar with construction limitations in Zoning Code. Those appear to be sufficient. They meet the minima for subdivision code. Have heard some people speculate that the subdivision would come before the ZBA. That seems unlikely because the subdivision is not a zoning action.

Rich Olsen. 5404. For 23 years. Was on planning board when first discussed in August 2020. The board said then that it can only make judgement after plat is submitted.  Dividing agriculture to a neighboring farmer is good. The lake lots have good acreage, the restrictions on development would depend on highway department, zoning code and building code.

Tom Smith Attorney for Olvers. Interested in setbacks and wants to have letter on record. Feel that having restrictions on a subdivision that are beyond what is in the Zoning Code is unreasonable. And the owner feels that they would be arbitrary and capricious and opposed to equal protection under the constitution and deserve due process.

Jim Foggo. 4636 Rt 89.  Thanked the board for trying to look out for community interest and applying stipulations as allowed in the Subdivision Code for major subdivisions. Family has lived here for 150 years and appreciates the community character.

In addition, a letter was received from Mark and Jennifer Sawyer indicating support for the subdivision and encouraging eventually adding tree protection to the zoning code.

Closed at 7:25. Moved by Lont, second by Freier, approved 5-0

Chair Mastellar clarified that this is a Subdivision action, and the Subdivision Code clearly allows requiring restrictions on major subdivisions. This process is not applying more restrictions on the Olver’s application. The Planning Board applied the same scrutiny to the previous major subdivision. The Planning Board is very concerned about the coverage on the lots along the lake, and that issue is a substantial environmental and natural-feature concern of this proposal.

The board found that the application contained incorrect information about soil, slope and water drainage in the Environmental Assessment form, overestimating the drainage potential of the soil. That information needs to be complete and correct before the Board can conduct State Environmental Assessment Review and send the application to the County Planning Board.

7:45      Entered executive session to discuss a matter of proposed litigation.

8:13      Returned from Executive session

 

Motion to table further discussion and SEQR review to next month. Moved Lont  Second Long  passed 4-0

Short Term Rentals

 

Fifteen applications are ready for public hearing in December. Four more arrived this week. Letters will go to neighbors. Some applications are incomplete and the applicants were given an opportunity to update or complete.

 

Septic requirement. Code Enforcement Officer is concerned about changing the inspection process after the applications are in. The board agreed that applicants should be judged by the rules in place when the permit is issued. It is important that the criteria for a functioning septic be explicit so that they can be easily fulfilled.

 

A subdivision involving a non-conforming lot is in the works and the owner wants guidance on the procedure. County Planner Harriet Haynes indicated that the subdivision request can go to the Zoning Board of Appeals directly, then to the Planning Board. The ownership of a former railroad bed that bisects the lot is unclear.

 

Additional updates to Zoning Code

 

The board discussed the Town Board’s comments and suggested changes to the proposed revisions to the zoning code that address some loopholes and unclarities.  We also had feedback from the Code Enforcement Officer and the Zoning Board of Appeals Chair.

 

Those comments asked the Planning Board to improve the definitions for structure, two-household dwelling, craft beverage tasting room. Cottages should be removed or defined.

 

ZBA chair Bachman made a case for a uniform 15-foot side setback in the Lakeshore Residential District, and thought that 25% coverage allowance is high when you see it in practice.

 

Resolution:

 

The Varick Planning Board recommends that the Town Board adopt the Zoning Code amendments with the tonight’s revisions the November Town Board meeting.

 

Moved by Lont, second by Long, approved 5-0.

 

Adjournment

Moved by Freier, second by Lont, approved 5-0.

Adjourned at 9:27

 

Varick Planning Board October 27, 2022

Present: Linda Mastellar (chair), Cindy Lont, Lauren Burling, April Freier, Frankie Long, Thomas Björkman (Secretary). One vacancy.   Julia Stanley (Clerk)
Guests: Ben Stolzfus, Jim Foggo, Bob Hayssen Steve Marsh, Neil Olver

 

Called to Order at 7:00 pm

Introduced Julia Stanley who will be Clerk to the Planning Board, Zoning Board of Appeals and handle Short Term Rentals. She is starting with the applications for short-term rentals.

 

Approval of Minutes from September

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

 

Hayssen lot line move.

Public Hearing Opened 7:05

            No comments

Closed Moved by Lont, second by Long, approved 6-0

Resolution

The Varick Planning Board issues Final Approval of the for a lot line move to take 1.058 acres from parcel 5-1-4 to 5-12-4.12. The land is part of a residential lot and will formalize Hayssen’s longstanding residential use. 

The applicant supplied an Agricultural Data Statement. The board finds that there will be no impact on adjoining uses because the land use will remain residential. 

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.

Moved by Long, Second by Burling  Passed 6-0

Stoltzfus subdivision.

The applicant provided a final plat for a minor subdivision of parcel 14-1-21 at Rt 414 and Col Rd. 129, application that was preliminarily accepted in August. A public hearing on approving the subdivision will be scheduled for November 17.

 

Olver subdivision

The board reviewed the procedure for major subdivisions.

Application for the

Resolution:

The Varick Planning Board accepts submission of the Final Plat for the major subdivision of Parcel 9-1-28.12.

The subdivision is to seven parcels.

 

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

·      Parcel 2 is farmland with connector to Rt 89 frontage

·      Parcel 3 is a former winery with a driveway to Rt. 89.

·      Parcels 4-7 are 1.4 acres straddling Rt. 89 and approximately 185 ft of road and lake frontage.

Acceptance of a Final Plat shall not constitute approval of the Final Plat.

 

A public hearing will be scheduled for November 17.  

Moved by Björkman, Second by Burling, Passed 6-0

The application will be reviewed at the November 17, and the full proposal will go the the County Planning Board. State Environmental Quality Review …]

 

Short Term Rentals

There have been ten applications, eight of which were complete. Code Enforcement Officer Dorn inspected all but his own, which was done by Supervisor Hayssen. 

 

Clerk Julia Stanley is working on a database and forms to make the short-term-rental process clear and efficient. The Town website has some materials for applicants and residents, and more will be added.

 

Since each application is subject to public hearing, we expect up to eight public hearings on November 17.

 

Applicants and inspectors have asked for greater clarity on what the septic inspection needs to certify. The language is not specific enough. After discussion, the board concluded that the need to protect water quality with the higher demand from rental use is best met by opening the tank, inspecting inlet pipe, baffle and outlet pipes, and determining the size if that is not known. The dye test should also be performed. Pumping is not required to determine those things, but the inspection may reveal that pumping is due.  This requirement mostly affects rentals close to Cayuga Lake.

 

 

Additional updates to Zoning Code.

 

The board discussed the backlog of revisions to the zoning code to address some loopholes and unclarities.

 

Resolution:

The Planning Board hereby refers the complete set of revision to the Town Board for discussion at their next meeting.

 

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

 

Adjournment

Moved by Burling, second by Mastellar. Approved 6-0. Adjourned at 8:57 pm.

 

 

 

Varick Planning Board Minutes September 22, 2022

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

Guests: Steve Zeitler, Jim Foggo, Bob Hayssen,  Steve Marsh, Gib and Peggy Hentschke; 

Approval of Minutes from August

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

General Public comment 

None

Public comment on Short Term Rentals

Steve Zeitler (East Lake Rd.). Rent 6-8 times a year for the last 6 years or so. The concern is the annual process. They have not had any problems. Pulling a permit arbitrarily is a concern. 

Mastellar response: there is a process and criteria to prevent arbitrary action.

Also clarified some of the process coming up, especially the public hearing if people are out of town. 

Jim Foggo. How will the concentration of rentals be controlled? The ability to have the quiet use and enjoyment is diminished, especially if there is a concentration of rental properties. How can you reduce the number where there is already a local concentration of 6 to 8 rentals together. The noise is especially an issue.

Mastellar response: We anticipate addressing that in the pending update. 

Steve Marsh: How many permits are there now?

Mastellar: None now. There were 73 packets sent to potential rentals.

Jensen subdivision. 

The subdivision was approved in on June 23, 2022. The final prints just arrived, and will be re-signed and dated so that they can be accepted for filing.  

Stoltzfus subdivision.

We are awaiting a final plat. The Town of Romulus responded and said they have no concerns about this action.

Hayssen lot line move.

The Varick Planning board accepted a preliminary 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 residential use.  The application was signed by both owners, Robert Hayssen and Curtis Martin.

We received the fee, an Agricultural Data Statement and Environmental Assessment Form. The application will be sent to the County Planning Board, and a public hearing will be scheduled for October.

 

Future Zoning Code actions 

Barbara Johnston of LaBella will be assisting with code revisions, we will try for a working session with her before the next meeting to develop a first draft. Discussion proceeded regarding the issues we would like to take up with her. 

Adjournment

Moved by Freier, second by Lont. Approved 5-0. Adjourned at 9:07 pm.

 

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.