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 7:00Approval 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