Varick Planning Board January 26, 2023

,

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,
w
hereas 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

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