Varick Planning Board August 25, 2022

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Varick Planning Board August 25, 2022

Present: Linda Mastellar (chair), Cindy Lont, Lauren Burling, April Freier, Frankie Long, Thomas Björkman (Secretary), one vacancy. 

Guests: Neil Olver, Jason McCormick. Jim Foggo, Ben Stoltzfus, Bob Hayssen & Steve Marsh, Tony Parella.

Approval of Minutes from July

Moved by Lont, second by Burling, approved 6-0

Parella lot line move. 

The proposal is to move approximately one acre on the north side of Parella’s existing lot (10-3-23), which fronts on East Lake Rd., from Lafferty’s lot 10-3-26, which fronts on Deal Rd. Parella has access to Deal Rd by easement, not by deed. 

Open public hearing: 7:02. 

No comments. 

Motion to close public hearing by Burling, Second by Long, Approved 6-0.

Close 7:03

Resolution: The Varick Planning board approved a lot-line move to take 1.023 acres from Lot 10-3-26 (Lafferty) to lot 10-3-23 (Parella). We received an Agricultural Data Statement and Environmental Assessment Form. The application was filed by both owners. 

The applicant 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. 

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.

Moved by Björkman, Second by Lont, Approved 6-0.

Stolzfus subdivision.

Resolution: The Varick Planning board accepted a preliminary plat for a minor subdivision of 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 land is in agriculture, as are the adjoining properties.

We received the fee, an Agricultural Data Statement and Environmental Assessment Form. 

Moved by Björkman, Second by Long, Approved 6-0.

The action is adjacent to the Town of Romulus, so we will notify their town clerk. We will also submit to the County Planning Board. 

Hayssen Lot line move.

The Varick Planning board had a preliminary discussion regarding a plat for a lot line move to take 1.058 acres from parcel 5-1-4 on Rt 89 to 5-12-4.12. The land is part of a residential lot and will formalize Hayssen’s longstanding use.

Olver subdivision.

The only item yet to be submitted to complete the Final Plat of this Major Subdivision is a septic determination by the Seneca County Health Department. 

Applicant suggested making side setback larger to reduce congestion and 

The main detail on which questions remain is the four lake lots, specifically the extent of development on the lake side of St. Rt. 89. Green space preservation and congestion along the highway is a priority.

The board discussed the following ways to reflect those priorities.

·      The impact of construction on the lake side is best managed by specifying a building envelope. The dimensional constraints of road setback, flood plain and maximum height provide a strong starting point. The scale of construction can therefore be managed primarily with a maximum structure width, i.e. the side facing the road and lake. The typical width in the area is 25-30 feet. Increasing the side setbacks was also discussed. It was the sense of the board that a maximum building width of 30 feet is reasonable.

·      Consider how to buffer incompatible uses. 

·      Retaining trees is essential for maintaining the key natural features. The issue is noteworthy because recent destruction of lakeside vegetation in the area has had significant detrimental visual impact and created erosion and water-quality hazard. We will investigate language that provides appropriate flexibility to allow development while also preserving the essential natural characteristics.

·      The properties will not be eligible for a short-term-rental permit.

For west side (~1 acre), consider a limit on the total number of structures on the lot and setbacks.

We anticipate receiving the septic determination by the next meeting, which would allow accepting the Final Plat application. The board would then develop the list of requirements to go in the record of the resulting lots, and following a public hearing, vote on approving the Final Plat. 

Public comment

Jim Foggo: The negative impact of a concentration of short-term rentals on permanent residents is substantial because of how much congestion-related problems are exacerbated. Owning through corporations can particularly insidious.

Fees. Town board made a small change and approved. Applications forms will now be needed; the fees should be noted on the forms. The fees will be effective October 1.

The Special Use Permit moratorium is still in effect. Public hearing is coming up for Local Law #4, which places a moratorium on certain development of parcels that are in both the Agriculture Rural Residential and Lakeshore Residential Districts so that regulations can be developed to address larger scale development in the ARR part that would substantially impact the LR part in ways not permitted there. 

Short Term Rental

Resolution.

Varick Planning Board thanks the short-term rental committee for the great effort to produce the new regulations that have turned out so well. 

Moved by Björkman, second by Burling. Passed 6-0.

Lont is sending 64 Short Term Rental owners a notification introducing law, the steps for applying, requirements, public hearing. Town Clerk Karlsen has been getting calls about applications, but only from existing operators.

The new law sets the maximum occupancy by various criteria, but never more than 10. 

The town will hire a clerk to manage short-term-rental process, as well as serve as secretary to the planning and zoning-appeals boards. A few promising applications have already been received.

Areas for further refining include limiting the total number of permits, with a higher cap on owner-supervised rentals and clarifying that it is not possible to obtain a variance that results in a short-term-rental permit. 

The discussion considered having a separate cap for the Lakeshore Residential District and rest of the Town, perhaps a separate cap for the Cayuga Lake and Seneca Lake parts. Even if the cap is initially exceeded by the grandfathered used this year, the number would go down as permits go unrenewed. Watkins Glen recently put a limit of 8% of residences being offered as short-term rentals. A similar number would be appropriate in this Town. 

Future Zoning Code actions 

Need to increase setbacks for non-conforming lots to avoid exacerbating congestion, especially on lake lots that are already too narrow. 

Barbara Johnston of LaBella will be assisting with code revisions. 

Adjournment

Moved by Burling, second by Lont. Approved 6-0. Adjourned at 9:06 pm.

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