Zoning Board of Appeals
Town of Varick New York
The Varick ZBA held a public meeting at the Varick Town Hall on April 24, 2018 at 7pm.
Present: Annie Bachman – Chair person, John Keel, Fred Beary, Andrew Herkovic, Susan Ottenweller,
Tim Doran- Code Enforcement Officer
Meeting was called to order at 7:01 pm.
Old Business:
Review of February 2018 minutes. The March 27, 2018 meeting was canceled.
Motion to accept the minutes with corrections made by F. Beary 2
nd A. Herkovic
Motion approved unanimously.
Code Enforcer Report:
Alvin Zook on Kings Corner Rd. /Ernsberger at some time had built a building used for storage, and has
now opened a horseshoeing/harness shop in that building. There are no permits on record. Is a zoning
permit needed?
T. Doran notified Bob Steele from the county who planned to speak with Mr. Zook.
NOTE: There is nothing in the codes that says when or what requires a permit or who to speak to.
Basic process- get a town permit first and the form specifies when a county permit is needed. (refer to
page 10 of the Zoning Codes under Structure)
Farm stand season is beginning – there is no definition or code requirements listed. Do they need to be
regulated? Most common concern is the distance off the edge of the road for safety from passing traffic.
After discussing the incinerator controversy taking place in Romulus, the question of regulation for a
business causing poor air quality – what can /should be done when the quality of life downwind of the
business is affected.
Solar Farms – Should there be a size restriction? All agree there should be more solar power in the area.
Does the Varick Comprehensive Plans include solar or wind farms, incinerator, etc.?
New Business:
Regulation of dock and mooring – There is no record of Varick ever having been granted the right of
home rule. There is work being done at the State level asking to have the right granted.
There is a report of a good conversation between G. Tolomeo and J. Somerville about the Tolomeo entry
steps. There is no sign of any actual work yet.
The public hearing for a variance for J. Lippert is scheduled for the May 22, 2018 meeting. Notification
letters to all parties to go out ASAP as many of them are not locals.
The variance request asks for relief from the 10ft. setback on both sides of an addition to the existing
structure. The drawing included in the application looks to be a sizable addition, so there may need to
be discussion on the maximum lot coverage as well.
County requirements for buildings as close as this addition will be to the neighbors will be to make the
new structure have a 2 hour burn rating if the ZBA approves the variance request.
Code discussion:
‘Grandfathering’ – actually Article V- Nonconforming Uses and Buildings 501.5 (pg
61) the nonconforming building can be rebuilt if it is 50% destroyed, but not if they just ‘don’t like it’. A
board member was was approached with questions about the ‘Grandfathering’ of a specific property, but
there has not been any paperwork submitted needing the ZBA attention.
Next Meeting May 22, 2018 at 7:00 pm
Motion to adjourn the meeting at 8:48 pm. by S. Ottenweller 2
nd J. Keel
Respectfully Submitted May 15, 2018.
Carol J. Millis, Secretary