Present: Linda Mastellar (Chair), Cindy Lont, Seth Brandow, Lauren Burling , Thomas Björkman (Secretary). Absent: Frankie Long. One vacancy.
Staff: Julia Stanley (Clerk), Tim Dorn (Code Enforcement Officer)
Guests: Jim Foggo. Steve Marsh, Susan Ottenweller, Bob Hayssen. Lin Rep. Robert Harner, engineer for Lin subdivision.
Called to order at 7:01 pm
Approval of Minutes for March 24, 2023
Moved by Lont, Second by Brandow. Approved 5-0.
General public comment.
Jim Foggo. Thanks for the work to better assure sustainable development of our community.
Public hearing for Hayssen lot line move
Opened 7:03
Chair Mastellar described the action and status of application
Closed 7:06
Moved Björkman, Second Lont. Approved 5-0.
Hayssen Lot line move
The county planning board recommended approval contingent on one of several options. The applicants chose the option to merge the two Hayssen parcels to maintain access.
Resolution
The Varick Planning Board approves a lot line move between parcel 05-1-62.21 of Susan Ottenweller and the merged parcels of 5-1-62.21 and 9-1-7.11 Robert Hayssen
The applicants 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 and the residential expansion is nominal and not in the agricultural district.
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 that the two Hayssen parcels be merged and they have been.
Moved Björkman, Second Brandow Approved 5-0
The Planning Board will get the parcel number for the merged lots from the County and enter that information in our database with records of all subdivision actions.
Lin Subdivision.
Robert Harner of Lakeside Engineering, Seneca Falls, presented a new concept plan for the Lin property on Rt. 89. The 42-acre site is proposed for subdivision into 30 lots with a seven-acre recreational reserve. He will be back with more specifics as they develop. The road access is anticipated to be a significant issue.
Because of the complexity of this major subdivision, the planning board anticipated requiring a consulting attorney.
We should ask the town board to retain a consulting attorney for this job, preferably Wendy Marsh.
Public input.
Jim Foggo, a neighbor of Lin project site speaking for himself and people close by. The subdivision raises grave concerns. It would irrevocably impact the character of that area.
Flooding is a significant concern. Creek has been flooding much wider (30 ft) and faster Environmental impact is the big issue. Water, and land alteration are top concerns.
On Wednesday of Easter week, a quarter of that property was under water. Any clearing and land alteration can greatly exacerbate already significant flooding risk.
The light impact will be substantial, which would also change the nature of the dark-night neighborhood.
Short Term Rentals
Notice went out to owners to let neighbors have their 24-hr contact number last Thursday, April 20.
Lont proposed contacting Real Estate agents so they are aware that commercial STR use is restricted and that buyers may not be able to get an STR permit. A current STR was listed for sale with the ad including STR as a potential use. Lont contacted the owner and real estate agent to advise them that the permit is not transferrable and new non-resident permits are not available.
The town will keep a record of complaints to support a revocation or non-renewal of a permit.
Each rental has a 24-hour contact number, which has been provided to the neighbors. Our procedures should have an explicit criterion for responsiveness to calls to that number. The Towns of Canadice and Geneva have good procedures to use as templates. When someone calls the 24-hour contact about an active problem, the contact needs to respond within two hours.
Code Enforcement Officer Tim Dorn recommended three notices of violation in a year being the criterion for revoking a permit. In additions revocation can also be made for chronic violation, which is six notices of violation in previous three years. The Code Enforcement Officer will determine whether a neighbor complaint warrants a notice of violation. The CEO can also provide recommendations, advisories and warnings that do not count toward revocation.
Communication to the public in Varick should indicate that complaints about active concerns should go to the 24-hour contact first. If they are unresponsive, they should contact the Varick Code Enforcement. We would like this information to be mailed to residents with the annual notice about the town cleanup.
The board discussed several additional questions on STRs that came up.
How should the Town manage a waiting list for STRs?
To be determined.
How does the Town handle complaints?
If the owner is unresponsive, the complaint goes to the town (Code Enforcement Officer or str@varicknewyork.com) who can ask for remedy and issue a violation notice.
If the owner is persistently unresponsive, an appearance ticket can be issued and the court can demand correction the condition and impose penalties if the condition is uncorrected.
What is the procedure for addressing unpermitted operating STRs?
They are treated as any other violation of the code.
Flood Plain
Mastellar and Lont attended land use on April 24 and Lont attended flood training April 3. It is unclear who is the Flood Plain Manager for the town. The DEC will visit the Town on May 5 to review procedures for development in the flood plain. Björkman will attend in case there are issues related to the Planning Board’s responsibilities.
Notes for next Zoning Code revision
· The new impervious surface coverage limitation will be easier to enforce if driveways and patios require a permit.
· Define impervious surface with reference to NYCRR.
Adjourn Moved Björkman, Second Brandow. Approved 5-0.
Adjourned at 8:51 pm.