July 2, 2024
The regular meeting of the Varick Town Board was called to order by Supervisor Robert Hayssen at 7:00 p.m. Present at this meeting were Councilmen Richard McCulloch, Tom Fox, James Velie and Eric Riegel, Highway Superintendent Ben Freier, Town Clerk, Donna Karlsen, Bookkeeper, Angel Testa, Attorney for the Town, Emil Bove, Planning Board members, Linda Mastellar and Cindy Lont, Code Enforcement Officer, Tim Dorn, and Hunt Engineer, Bryan White. Also present were Lorrilyn Bove and Valeri Dorn.
Abstract: A motion by Richard McCulloch, seconded by Tom Fox and so carried unanimously to approve Abstract No. 7, Vouchers 177 to 212 in the amount of $171,462.89.
Highway: Highway Superintendent, Ben Freier reported that Household clean up went well. The crossover pipe on Yale Farm Road has been installed and they will put binder down July 3rd and reopen the road. Once the road has settled, they will pave over the repair.
The town has received the check for the items auctioned and is still waiting for the individual to come pick up the dozer. Mr. Freier has given them until the end of the month to retrieve it.
A motion by Richard McCulloch, seconded by Eric Riegel and so carried unanimously to authorize Highway Superintendent Ben Freier to order 10-wheel dump truck.
Mr. Freier reported that the truck should be delivered by the end of the year and should be in receipt of the plow equipment by August of 2025.
Supervisor’s Report: A motion by Eric Riegel, seconded by Richard McCulloch and so carried unanimously to approve the May 2024 Supervisor’s Report.
Code Enforcement Officer: Tim Dorn reported he has issued to date 37 permits in 2024, 21 of them in the Lakeshore District. Mr. Dorn noted he felt clarification was needed regarding Lake Shore Residential and Lake/Water District in the zoning code and referenced a discussion that was held at the past Planning Board meeting regarding a parcel owned by the Olver’s who was interested in selling the parcel to people who want to run a boat rental business at that location. Further discussion was held regarding the interpretation of the portion of the zoning code applicable to this request and the direction given by the Planning Board at their last board meeting.
Planning Board: Linda Mastellar, Chair of the Planning Board, addressed comments that were made pertaining to the Olver’s property and the request to operate a boat rental business at their meeting held June 27th. She stated that she had multiple conversations with the parties interested in operating the boat rental business citing the section in the zoning code where the operation of a boat rental business was not a permitted use in the lakeshore/residential district prior to the Planning Board meeting. The interested party attended the planning board meeting where they again questioned the ability to operate a boat rental business at this location. Mrs. Mastellar reported that the code was again reviewed with them, and they were informed they could bring their request to the Zoning Board by completing and submitting a zoning board of appeal application.
It was noted by Attorney Bove that the town has procedures that are in place to address such requests and the planning board’s direction to the interested party was in accordance with those procedures.
Comprehensive Plan: Discussion was held regarding the Town’s Comprehensive Plan, which the Town’s Zoning Code regulations are based on. It was felt by the board that the Comprehensive Plan, which was completed jointly with the Town of Fayette and adopted in 2005/2006 by both towns, should be reviewed and updated if necessary. Attorney Bove will review the steps to move forward with this review and prepare a resolution for the board’s consideration for the August board meeting.
Attorney Emil Bove presented Local Law No. 1 of 2024 establishing a moratorium temporarily prohibiting consideration of Major Subdivision Applications in the Town of Varick with a resolution introducing said law. The said law and introducing resolution are as follows:
TOWN OF VARICK
LOCAL LAW NO. 1 OF 2024
A LOCAL LAW ESTABLISHING A MORATORIUM TEMPORARILY
PROHIBITING CONSIDERATION OF MAJOR
SUBDIVISION APPLICATIONS IN THE TOWN OF VARICK
Be it enacted by the Town Board of the Town of Varick as follows:
SECTION 1. TITLE.
This Local Law shall be known as the “Moratorium Temporarily Prohibiting Consideration of Major Subdivision Development within the Town of Varick” (the “Local Law” or the “Moratorium”).
SECTION 2. STATUTORY AUTHORITY.
The Local Law is intended to be consistent with and is adopted under the authority granted to the Town Board of the Town of Varick under the New York State Constitution, and the Laws of the State of New York, including but not limited to the following authorities: New York State Constitution Article IX, Section 2 (c)(ii)(6), (10); Municipal Home Rule Law § 10(1)( ); Municipal Home Rule Law § 10(1) (ii)(a)(6), (11), (12), and 14; Municipal Home Rule Law § 10(1)(ii)(d)(3); Municipal Home Rule Law § 10(2), (3) and (4)(a) and (b); and the New York State Town Law. It is a temporary land use regulation intended to address matters of local rather than statewide concern.
The Local Law is intended to act as the permissive, temporary control of certain existing zoning and land use laws regarding the planning and physical use of real property within the Town.
SECTION 3. PURPOSE AND INTENT.
This Moratorium is intended to temporarily halt major subdivision development in the Town of Varick, to preserve the status quo while the Town Board considers revising the Town’s major subdivision procedures, including but not limited to, adoption of a comprehensive application for major subdivision approval to be submitted by major subdivision applicants prior to Town of Varick Planning Board consideration of major subdivision preliminary plats and possible revision of all procedures applicable to the consideration of said applications.
The Town of Varick is located in a unique setting in the State of New York between Seneca and Cayuga Lakes. The Town is rural with the majority of land use devoted to lakeshore residential, agricultural residential, and Hamlet residential.
The Town Planning Board has recommended the Town Board review procedures for consideration of applications for major subdivision approval, including but not limited to adoption of a comprehensive major subdivision application.
The Town Planning Board notes that current subdivision approval procedures do not generate sufficient information to allow the Planning Board to properly consider preliminary major subdivision plat applications.
As a result, the Town Board has determined that a Moratorium is necessary to temporarily halt the processing and approval of all applications for major subdivision approval by the Town Planning Board while the Town considers adoption of a comprehensive application for major subdivision approval and other associated amendments to the Town Subdivision Regulations.
SECTION 4. DEFINITION.
The term “applications for major subdivision approval” shall mean applications seeking approval of major subdivision required to be submitted to the Varick Town Planning Board and all procedures applicable to consideration of such applications.
SECTION 5. MORATORIUM.
The Town Board hereby enacts a moratorium (“Moratorium”) prohibiting the acceptance, review, or approval of any application to the Town’s Planning Board, Zoning Board of Appeals, Zoning Officer, or any other administrative body, officer or official in the Town, for approval of a major subdivision and any procedures applicable thereto, as those terms are defined in the Varick Town land use regulations during the pendency of this Moratorium, except as provided herein.
SECTION 6. SUPERSESSION.
All other laws, local laws and ordinances, or parts thereof, are hereby superseded to the extent they are inconsistent with the provisions of this Local Law.
SECTION 7. STATE ENVIRONMENTAL QUALITY REVIEW ACT.
This Local Law is classified as a Type II action pursuant to 6 NYCRR § 617.5 (36) and therefore, no review prior to its enactment is required under the State Environmental Quality Review Act.
SECTION 8. SEVERABILITY.
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof, but shall be confined in operation to the clause, sentence, paragraph, section or part hereof directly involved in the controversy in which such determination shall have been rendered.
SECTION 11. EFFECTIVE DATE AND EXPIRATION.
This Moratorium shall become effective immediately upon adoption. It shall expire on the earlier of: (i) six months from said effective date without further action, unless renewed; or (ii) the enactment of a local law by the Town Board indicating that the Town Board is satisfied that the need for the Moratorium no longer exists.
Resolution: 24-006
“INTRODUCING TOWN OF VARICK LOCAL LAW NO. 1 OF 2024
ESTABLISHING A MORATORIUM TEMPORARILY PROHIBITING CONSIDERATION OF APPLICATIONS FOR APPROVAL OF MAJOR SUBDIVISIONS IN THE TOWN OF VARICK.
WHEREAS, in order to provide for more efficient and effective regulation of the town’s zoning requirements and to meet changing needs within the town’s various zoned districts, the Varick Town Board finds it advisable to adopt a moratorium temporarily prohibiting consideration of applications for approval of major subdivisions, and
WHEREAS, due deliberation has been had thereon, Now, Therefore, be it
RESOLVED, that local law 2024-1, “a Local Law Establishing a Moratorium Temporarily Prohibiting Consideration of Major Subdivision Applications in the Town of Varick”, is introduced hereby before the Varick Town Board, to read substantially as provided in the attached Exhibit, and it is further
RESOLVED, that the Town Clerk lay a copy of this local law upon the desk of each of the members of the Town Board no less than ten days before its enactment by the Board, and be it further
RESOLVED, that the Town Clerk give due notice of the public hearing to be held hereon, such hearing to be held at the Town Offices at 4782 Route 96, Romulus, New York 14541, in the Town of Varick on August 6, 2024, at 7:00 P.M.
Motion: Richard McCulloch
Second: James Velie
So Carried Unanimously
Mrs. Cindy Lont from the Planning Board submitted proposals to complete the update of the town’s land use, zoning applications and forms for Major Subdivision within the town.
MRB Group proposal as follows:
Major Subdivision Application $4,500
Minor Subdivision Application $1,000
Additional Forms & Training: $2,000
LaBella proposal as follows:
Fee is based on an hourly rate for professional services of $125 per hour, not to exceed $1,000.
A motion by James Vellie, seconded by Eric Riegel and so carried unanimously to hire Labella to
- Prepare model based on the Major Subdivision Application form used y the Town of Seneca falls
- Incorporate specific provisions and reference from Town of Varick subdivision regulations
- Review and revise per input from Planning Board
- Review and refine draft in virtual meeting or call with Town representative
- Prepare final application for consideration by the Planning Board
Based on an hourly rate for professional services of $125 per hour, not to exceed $1,000 and to direct Supervisor Hayssen to sign the presented agreement.
Labella approximated three to six weeks will be required to complete the project.
Varick Water/Sewer June 2024 Report:
· Marked Out Dig Tickets as requested
· Called in Dig tickets for upcoming jobs
· Changed meters as needed
· Read each master meter and did calculations of daily usage
· Answered customers questions in each sewer and water district
· Did final reads as needed
· Changed out grinder pumps as needed
· Rebuilt sewer pumps
· Took Bac T samples in each water district
· Filled out and submitted monthly report to health department
· Ordered parts for upcoming projects
· Did water turn On’s as needed
· Tapped and installed new water service on RT 89
· Read water meters for quarterly billing
· Set up training for new leak detection equipment
· Helped county with new water tap
· Worked on lead and copper inventory
· Dealt with low water pressure issue at home on East Lake Road
· Weed whacked hydrants in all districts as needed
Varick Sewer District No. 1: Nothing further to report.
Varick Sewer District No. 2: Nothing further to report.
Capital Project: Varick Sewer 3 & 4
Bryan White from Hunt Engineers reviewed SEQR parts 2 and 3 with the town board and presented the following resolution for passage:
Town of Varick
Resolution 24-007
State Environmental Quality Review Act (SEQRA)
Resolution REGARDING
TOWN OF VARICK, SENECA COUNTY, NY
VARICK SEWER DISTRICT No. 3 / VARICK SEWER DISTRICT No. 4
SANITARY SEWER PROJECT
WHEREAS, the Town of Varick (hereinafter the “Town”) proposes to undertake the Town of Varick Sewer District No. 3 / Sewer District No. 4 Sanitary Sewer Project; and
WHEREAS, the Town is proposing a project to create a municipally owned and operated sanitary collection system that includes the properties along and adjacent to Cayuga Lake along NYS Route 89, the Hamlet of Fayette within the Town’s borders, and connection from the main corridor and the Hamlet of Fayette to NYS Route 89 in the Town of Fayette into Fayette’s proposed sanitary sewer collection system (collectively, the “Project”) through one or more phases and two proposed sewer districts to improve the health and safety of the residents, groundwater, Cayuga Lake, and nearby communities from existing on-site wastewater treatment systems that are known or suspected to be inadequate aged and failing systems. The proposed Project consists generally of the creation of two sewer districts and construction of a low-pressure collection system with individual grinder pump systems, general associated improvements and appurtenances thereof, with a proposed interconnection to the Town of Fayette’s proposed sanitary sewer system for ultimate interconnection to the Town of Seneca Falls sanitary collection system and wastewater treatment plant for treatment and disposal as identified in the engineering report prepared by Hunt Engineers; and,
WHEREAS, the Town is obligated under SEQRA and corresponding regulations to review the Project, and if necessary, undertake a review of the potential environmental impacts associated with the Project before undertaking the same; and
WHEREAS, the Town is the appropriate agency to be the lead agency to undertake the Project review under SEQRA; and
WHEREAS, based upon an examination of 6 NYCRR § 617.4 and § 617.5, the Town classified the Project as a Type I Action given § 617.4(b)(8-10). A Full Environmental Assessment Form was prepared for the Project, and pursuant to 6 NYCRR § 617.6(b)(3), coordinated review was undertaken by the Town and no objections were received regarding the Town serving as lead agency.
NOW, THEREFORE, BE IT:
RESOLVED, that the Town Board hereby makes the following findings:
The Project consists of creating two new sewer districts and development of a low-pressure sanitary sewer collection system with individual grinder pump stations, general associated improvements and appurtenances thereof, and interconnection with the Town of Fayette’s proposed sanitary sewer collection system for ultimate interconnection to the Town of Seneca Falls’ sanitary collection and WWTP for treatment and disposal to benefit the health and safety of the surrounding residents, water, environment, and community.
IT IS FURTHER RESOLVED, that:
The Town Board hereby designates itself lead agency pursuant to 6 NYCRR § 617.6(b)(2) and § 617.6(b)(3) with respect to the Project.
IT IS FURTHER RESOLVED, that:
Based upon an examination of the components of the Project, the Full Environmental Assessment Form, and the criteria contained in 6 NYCRR § 617.7(c), and based upon its knowledge of the areas including and surrounding the Project site, and discussions with professionals retained by the Town, the Town Board, as lead agency, hereby makes the following determinations with respect to the Project pursuant to SEQRA:
A. The Project constitutes a “Type I Action.”
B. Based upon review by the Town Board of the Full Environmental Assessment Form, any input provided by other involved agencies, and other necessary criteria set forth in SEQRA, the Town Board hereby finds and determines that the Project will result in no significant impacts and, therefore, (a) the action is not one which “may include the potential for at least one significant adverse environmental impact,” (b) “there will be no significant adverse environmental impacts,” and (c) no “environmental impact statement” need be prepared, as such quoted terms are defined in SEQRA. This determination constitutes a negative declaration for purposes of SEQRA and it has been prepared in accordance with Article 8 of the Environmental Conservation Law.
C. A copy of this resolution, together with notice of negative declaration, shall be placed on file in the office of the Town Clerk where the same shall be available for public inspection during business hours and such notice of negative declaration shall be filed in such offices, posted in such places and published in such manner as shall be necessary to conform to the requirements of SEQRA.
This resolution shall take effect immediately.
Introduced by: Richard McCulloch
Seconded by: Eric Riegel
Voting Aye: 5
Voting Nay: 0
Mr. White also reported that he spoke to the winery owners who are interested in connecting to the proposed sewer systems and reviewed what waste would be processed through the system. He also reported that their offices listed the following proposed sewer projects on the IUP application: Varick Sewer 1, 3 & 4. He will continue to research other funding sources.
Varick Water District No. 1: The Town of Romulus secretary in an email to the Town of Varick, reported that the town of Romulus will not be paying Seneca County Water District for water loss as billed by Seneca County at this time. The Varick Town board agreed with the Town of Romulus and reported they will not pay for billed water loss by Seneca County until further accounting of how they came up with the amount was clarified and confirmation of the accuracy of the master meter. Since the Town of Romulus will receive the entire bill for both Romulus and Varick water districts as the master meter is in the Town of Romulus, it was decided that the Town of Romulus will bill the Town of Varick for water consumed only by Varick’s consumers, based on water bills sent out quarterly to Varick consumers. Varick will in turn make payment directly to the Town of Romulus on a quarterly basis.
Seneca Lake Water District: Nothing further to report.
Varick Water District No. 3: With regards to the billing from Seneca County Water District and based on conversations held with Fayette Supervisor Jeff Trout and Town of Varick Councilman Richard McCulloch, the Town of Fayette agreed to pay the water loss in this district. Their agreement to do so was based on the design of the new Fayette Water District being constructed now which did not include master meters separating water usage to include water loss from their Water District No. 5 and Varick Water District No. 3. The board approved to pay Seneca County Water District at this time the amount due for 2024 Quarter 1 and Quarter 2 based on Varick user consumption and bill the balance of Seneca County Water District bills for both quarters to the Town of Fayette, to be paid to the Town of Varick as agreed to by the Town of Fayette. Fayette’s portion of the bill will be submitted to the Seneca County Water District once received.
A motion by Richard McCulloch, seconded by Eric Riegel and so carried unanimously to pay Seneca County Water District the amount due for 2024 Quarter 1 and Quarter 2 based on Varick user consumption and bill the balance of Seneca County Water District bills for both quarters to the Town of Fayette, to be paid to the Town of Varick as agreed to by the Town of Fayette. Fayette’s portion of the bill will be submitted to the Seneca County Water District once received.
Varick Water District No. 4: Nothing further to report.
Clerk’s Report: A motion by Eric Riegel, seconded by Jim Velie and so carried unanimously to approve the June 2024 Town Clerk’s Report: Supervisor: $215, NYS AG & Markets: $11, Total Disbursements: $226.
Minutes: A motion by Richard McCulloch, seconded by Tom Fox and so carried unanimously to approve the June 4, 2024 minutes.
Assessor: Anne Morgan left for the board’s consideration a local law adopted by Seneca County adopting a Real Property Tax Exemption for Cold War Veterans Pursuant to Real Property Tax Law. Attorney Bove will prepare a Town of Varick Local Law for the board’s review and an adopting resolution for their consideration at the August meeting.
Personnel: Mr. McCulloch reported that the Summer Recreation Program is up and running and Director Ashley Chambers reported that enrollment numbers were down by 7 from the previous year. She has developed a program itinerary for the parents for the duration of the program.
New Business, Old Business, Correspondence: Beverly Animal Shelter provided an agreement between the Town of Varick and Beverly Animal Shelter. The attorney will review and present his view on this agreement at the August meeting.
A motion by Eric Riegel, seconded by Richard McCulloch and so carried unanimously to adjourn the meeting at 8:30 p.m.
Respectfully submitted
Donna Karlsen, Town Clerk