Tuesday, January 1, 2019

Varick ZBA meeting minutes September 25, 2018

Zoning Board of Appeals
Town of Varick New York

Minutes for September 25, 2018

The Varick ZBA held a public meeting at the Varick Town Hall September 25, 2018 at 7:00 pm.

Present: Annie Bachman – Chair, John Keel, Fred Beary, Susan Ottenweller, Andrew Herkovic, Tim Dorn – Code Enforcement Officer

Meeting called to order at 7:03 pm. No appeals scheduled for this meeting.

August Minutes: Motion to accept the minutes with corrections.
1st F. Beary 2nd A. Herkovic Accepted unanimously

Code Enforcement Officer Report

1 permit issued for a new home (modular) to be built on Rte 89.

Permit application filled (waiting for the fee to be paid) for an Art Studio- special use permit for flea
market type sales.

S. Ferratto - 5022 E. Lake Rd. has called to complain. Old tax map shows their property with a 210 ft.
lake frontage- new property survey lists the measurement of the lakefront footage as 190 ft.. She has
been told to speak to the surveyor. This puts their planned future subdivision of the property in question. They could apply for a variance to subdivision.

The measurement numbers for the K. Miller variance have not been recieved. T. Dorn plans to visit.

Discussion: TheTown of Varick has scheduled a Public Meeting for September 27 to make a change in the Zoning Code to ban incinerators from being built in Varick. S. Ottenweller will attend the meeting to ask that the ZBA to be included in discussions for changes to the Codes. The ZBA has a list of items to be considered for change or clarification. Examples the ZBA would like
the planning board to look at:

1. Description of what requires a permit
2. Definitions added or clarified – Structure; Landscaping; Cluster Subdivision vs. Planned Unit
Development; adding Cidery, Distillery & Brewery to the Winery & Bar descriptions (state liqour
authority is changing to have the winery rules to also apply to Cideries, Distilleries and Breweries.
3. To address the increase in the use of properties as AirBnB or vacation rental locations with some
properties being specifically purchased for that intended use, causing problems/complaints of excessive traffic, hazardous parking of cars, and emergency vehicle access as seen in Fayette. These are often absentee landlords. The planning board may already be addressing this issue.
4. For all forms to be easily found and downloaded from the town website.

The ZBA would like to know the timing the planning board has in mind for making code changes.
Training Reminder: All ZBA members need to make sure they have completed their required 4 training hours for 2018 and sent their certification to the Town Clerk. A. Herkovic, F. Beary, J. Keel, S. Ottenwiller – completed 2 hours each in January and A. Bachman, F. Beary, J. Keel, A. Herkovic – completed 11⁄2 hours in February.

Old Business:
The variance request for 5180 E. Lake Rd. brought to the ZBA in August does not wish to proceed at this time. (the application fee was not paid or form filed) A. Bachman will keep the submitted packet in case they change their minds.

Public Notices: All ZBA Meetings have to be published. The ZBA advertises the regular monthly meeting dates just once- at the beginning of the year. There is a minimum of 72 hours (or 3 days) notice required if the full year of dates are not advertised at one time. Any meeting date/time changes have to be advertised.

Public Hearings for Variance require individual advertising with a minimum of 5 days notice. This includes the mailed letters (and/or e-mails) to the property owners and adjoining neighbors.

Docks and Moorings – Either a note in the town notice (which is only done once a year) or written article for the Reveille Between the Lakes to let property owners know that Varick has right to regulate and that permits are required to install docks. This may need to be discussed with the town board.

Special Meetings/ Property Inspections prior to a Variance Appeal Hearing- S. Ottenweller will double check with the town attorney on this subject. (Assume the board can only gather information, not discuss any details and the public can not be notified due to visiting private property.)

K. Miller Variance – As mentioned earlier – ZBA still need measurementsfor the variance paperwork
Area Variance Application- draft of changes to the distance & number of neighbors needing to be notified of variance public hearings will be done by A. Bachman. Form is available on the town website or from the town clerk or code enforcement officer.

New Business
- Property on Rt. 336 next to the trailer court - has many vehicles – registered/unregistered. Too many
according to the Code. Had come to the board for permission, but seems to be ignoring the rules. What is the recourse for violations?
- How much time before a condemed building/property is torn down/cleaned up? Is the property owner charged when the work is not done? Would a letter to the County Code Inspecter make a difference?
- CEO responds to complaints. Looking for violations would be a full time job.

Code Question/Discussion:
1. Is a second house (guest house) allowed (on a property with extra land). Is the ‘Percentage of lot
coverage’ the deciding factor nor is there another rule? No known rule of a limit of the number of
houses on a property as long as the percentage of lot coverage is not an issue.
2. A property owner with two houses on the property is trying to sell. They want to know about doing a subdivide, but the footage is not enough on all sides of the property to meet the 100ft. requirement.
November meeting date needs to be looked at to clarify what was advertised and if it needs to be changed. If it needs to be changed, it will have to be advertised. December meeting was not advertised and the fourth Tuesday would be Christmas Day.

Next Meeting is scheduled for October 23, 2018 at 7:00pm. There will be a training session continuing to examine the Codes if no other items need to be on the agenda.

Motion to adjourn the meeting at 8:30 pm by A Herkovic 2nd J. Keel Accepted unanimously.

Respectfully submitted October 18, 2018.

Carol J. Millis

2019 Meeting Dates


2019 Meeting Dates – Fourth Tuesday of each month

January 22
February 26
March 26
April 23
May 28
June 25
July 23
August 27
September 24
October 22
November 26 (Thanksgiving is the 28th)
December TBD

Varick ZBA meeting minutes October 23, 2018

Zoning Board of Appeals
Town of Varick New York

Minutes for October 23, 2018

The Varick ZBA held a public meeting at the Varick Town Hall October 23, 2018 at 7:00 pm.

Present: Annie Bachman – Chair, John Keel, Andrew Herkovic, Tim Dorn – Code Enforcement Officer
Absent: Fred Beary, Susan Ottenweller

Meeting called to order at 7:07 pm.

September Minutes: Motion to accept the minutes with corrections.
1st J. Keel 2nd A. Herkovic Accepted unanimously

Code Enforcement Officer Report

Miller Variance – As of 10//10 there is no sign of construction.

Informed Anchor Welding of the Docks & Moorings jurisdiction when a permit was issued to install a dock on E. Lake Rd.

Permit issued for a carport – no issues with the project.

J. Lippert – request to make change to submitted plans already given a permit. To remove part of the
existing building and attach to new addition. Interested in tearing down the building and rebuild on the same foundation, but would need a variance.

Discussion: Original building falls under Article V – Non Conforming Use as it is very close to
the road. How much work is renovation vs new construction? Is there a percentage? Code states
buildings are to be set back 50 feet from center of road or to match with neighboring buildings.

Reminder: only complaint for the denied area variance request was from the northern neighbor
about parking on his property. Renovating the original building and connecting to a new
addition is seen as an improvement, especially if it gets the building further from the road.

5180 E. Lake Rd (owner – Valgora) may have an area variance to submit – they wish to demolish the
existing building and build new needing a side line variance. Will schedule hearing for November if the paperwork is recieved in time.

Report from S. Ottenweller about the Planning Board’s proposed changes will wait for her to be present. The 2018 amendment to the Code is available on the Town website. T. Dorn shared the file by e-mail to the ZBA.

Training: A. Bachman has training opportunities that she will get to members to complete their required training hours before the end of the year.

Old Business:
Docks and Moorings jurisdiction notices. (Item will remain on the agenda until done.) ZBA would like some form of notice to go in the annual town mailing telling residents about having jurisdiction to regulate and that structures and docks and moorings need to have permits. Also, that a notice go to the handful of dock installing companies that work in the area.

Miller Variance: (Item will remain on the agenda until done.) Measurements still needed for the record.

Concern/ complaint - Jennings property, Rte 89. S. Ottenweller spoke with Bob Steele, County Code
Officer and Joe McGrathe, County Land Bank. Property taxes are 2 years in arrears. The Finger Lakes Land Bank is interested and if taxes are unpaid by Feb. 28, 2019, they will consider taking the property, demolishing and reselling the lot after reviewing the costs and potential proceeds. Property is in front of Goosewatch Winery and has numerous old tires, boats, and other junk as well as the burned out building. Any cleanup will be expensive. The Finger Lakes Land Bank takes derelict property off the public roles to fix up for Habitat for Humanity or other solutions that may be needed in the area.

Site Visits – Inspect & gather information only. No discussion until the public hearing.

Area Variance Application form available on the town website. Change – to correct for what Code states on pg. 64. Reword the form to state: Provide list of names/addresses of adjacent neighbors including across roads.

New Business

November meeting: will be November 20, 2018 at 7:00 pm unless a variance application comes in and the timing is too tight for all notifications to go out. If this happens the meeting will be changed to November 27th.

Motion to adjourn the meeting at 8:29 pm by A Herkovic 2nd J. Keel Accepted unanimously.

Respectfully submitted November 13, 2018.

Carol J. Mill-is

Varick ZBA meeting minutes, August 28, 2018

Zoning Board of Appeals
Town of Varick New York

Minutes for August 28, 2018

The Varick ZBA held a public meeting at the Varick Town Hall August 28, 2018 at 7:00 pm.
Present: Annie Bachman – Chair, John Keel, Fred Beary, Susan Ottenweller, Andrew Herkovic, Tim Dorn –Code Enforcement Officer

Meeting called to order at 7:05 pm.

June Minutes: Motion to accept the minutes with corrections.
1st A Herkovic 2nd F. Beary Accepted unanimously

Code Enforcement Officer Report
6 permits issued since the June Meeting. J. Lippert and K. Miller have both recieved their permits. K. Miller still needs to provide T. Dorn with the exact measurements for the Area Variance paperwork to be amended and filed as stated in the June Minutes when the variance was granted. There is a permit issued for the address 5425 RT 89, but the work seems to be for address, 5411 RT 89. Applicant also has a property listed only as 89, to do a retaining wall and rebuild a foundation, which only needed a county permit, not a town permit. The work changed to demolishing the structure. There is a lot of confusion as to what he is doing and what permits belong with which property. At this time, all jobs are either in compliance or not being done.

*To clarify: Addresses are assigned by the US Post Office in partnership with the County 911 system and can be different than expected. The real property identifier is the tax map number, but the county web site only lists the property if there is not a mailing address assigned by the Post Office. The county web site is not up to date when properties change hands. The changes apparently are not reflected until the next tax time.

**For future reference: the fee for a Building Permit is $25 and $50 for an Area Variance application.

Old Business:
Publishing of Public Notices Timeline: S. Ottenweller found that there is a required minimum of 5 days (and is listed as such in the Varick Codes) for public hearing notices to be published prior to the meeting with no maximum number of days mentioned. Regular meeting have to be advertised no less than 72 hour prior to the meeting. The ZBA dates are published once a year (in January). Any meeting that is rescheduled has to be advertised. When a meeting is canceled without being rescheduled, there only needs to be a notice posted on the door to the meeting space. The secretary will keep a written log and/or send an e-mail to the chairman when public hearing notice letters are put in the mail.

Docks and Moorings – The Town of Varick has received notification of being granted jurisdiction over the regulation of docks and moorings by New York State. All codes already in place are enforceable. The rules of NY Corps of Engineers need to be complied with, but Varick ZBA can deny a request even if the Corps of Engineers has approved a project. The ZBA will recommend to the Town Board that lakeshore owners be notified in some manner, maybe by newsletter or public notice. This notice should include a reminder that docks require a building permit.

Special Meetings/ Property Inspections prior to an Area Variance Appeal Hearing. These do not require a public notice. The board will refrain from discussing the application, only gather information. S. Ottenweller will double check on this subject – What can be discussed, is public notice required, is a quorum needed, are minutes required?

New Business

A variance request has been brought to the board, the packet includes a letter of explanation, an application form for an area variance, and two sets of building plans. The request is to build an addition to an existing building at 5180 E. Lake Rd. The lot is very narrow and very long, the current house is almost right on top of the property line. A variance will be required. The application fee has not been paid, therefore the application has not been filed yet. A. Bachman will request the applicant to pay the fee, provide a letter sized or electronic version of the first page of the drawing packet (showing boundaries, current buildings and proposed addition with all measurements), and a list of adjacent (including those across the street) neighbors names and addresses for public notice letters. When this application is properly filed, the public hearing will be scheduled. A. Bachman will also offer for them to attend the next meeting to discuss the proposal without having a public
hearing.

Discussion of needing a liason between the Planning, Town, and Zoning Boards. There is a possiblilty of public meetings being scheduled to announce, recommend and vote to make changes to the Zoning Codes, but no one on the ZBA has been notified. Should joint meetings be proposed between the boards?

Note: Any ZBA member can contact the Planning Board at any time with a recommendation for a code change.

Next Meeting is scheduled for September 25, 2018 at 7:00pm.

Motion to adjourn the meeting at 8:30 pm by A Herkovic 2nd F. Beary Accepted unanimously.

Respectfully submitted September 15, 2018.

Carol J. Millis

Varick ZBA meeting minutes, June 26, 2018

Zoning Board of Appeals
Town of Varick New York

Minutes for June 26, 2018

The Varick ZBA held a public meeting at the Varick Town Hall gathered round the kitchen table due to Primary Elections in main room on June 26, 2018 at 7pm.
Present: Annie Bachman – Chair, John Keel, Fred Beary, Susan Ottenweller, Tim Dorn – Code Enforcement Officer
Absent: Andrew Herkovic

Meeting called to order at 7:00 pm with introductions of the ZBA members and an explanation of the Appeal process. Also, a request to not discuss politics or let the volume of conversation become too loud, due to the Primary Elections in the next room. The hearing on the agenda is an area variance request from Karen Miller under Section 309.1 seeking relief from the 10' setback for an addition to an existing residential building at 5160 East Lake Road, Romulus in the Town of Varick, parcel 6-3-6. The Public Hearing notice was published in the newspaper, on the website, and notices mailed and e-mailed to property owners and neighbors. Property owner, Karen Miller, was unable to be present but authorized Kevin Barbay, who resides at the address, to represent her at the hearing.

Public Hearing opened at 7:05 pm.
The existing structure is not set square to the property lines and already does not meet the setback requirements, which creates the need for the variance. The proposal is to remove the porch from the back (western) side of the building and build an 18' x 16' addition, staying plumb with the existing south wall of the building. The south western corner of the house currently is approx. 6' (measured at 7 1⁄2' without the overhang) from the property line. The south western corner of the proposed addition would measure at approx. 5' to 5 1⁄2' (4' to 4 1⁄2' with overhang) from the property line. The building is required to be 10' above the high water mark and the proposed addition would be approx. 15' above the high water mark. They are willing to move an existing air conditioning compressor unit to eliminate that setback compliance issue.

Alternatives for the addition would be costly. Changes to the roof line would be needed to move the addition further north on the back wall of the existing structure as well as creating an undesireable floor plan on the inside. This is the most cost effective option. Estimated cost to build - $25,000.

Public Hearing closed at 7:21 pm with a motion from S. Ottenweller, 2nd J. Keel. Accepted unanimously.

Board discusion points:
1. The nearest neighboring house is fairly new (built on 2 lots not yet listed as joined on the county
website) and is set much closer to the road. Lot can not be divided due to 100 ft. Lakefront rule.
2. Both neighbors are supportive of the proposed project as stated by K. Barbay, though there is no direct communication from the neighbors to the ZBA.

Factors:
1. Is there an Undesireable change to the neighborhood? No, the view for the neighbors is not affected due to the angle of the shoreline. The addition would also esthetically improve the building.
2. Is there a feasible alternative? Yes, but all alternatives would be more costly and create an undesirable floorplan.
3. Is it a substantial variance? Yes, but exact numbers are unknown at the time of the meeting.
4. Will the variance have an adverse impact on the physical/ environmental condition? No.
5. Is this self created? Yes, they do not have to build an addition.
Motion: To approve K. Miller’s application for the requested variance to the south setback, only on the 16' addition section, continuing west in a straight line from the current main structure, with the stipulation that the exact measurements be supplied to the Code Enforcement Officer for the record by the ZBA. 1st S. Ottenweller 2nd J. Keel Accepted unanimously.

May Minutes: Motion to accept the minutes with corrections.
1st J. Keel 2nd S. Ottenweller Accepted unanimously

S. Ottenweller will double check the publishing time restrictions for notices of public hearings in the newspaper. (No more than 14 days, not less than 5 days prior to the meeting being published was the information supplied to Carol when she started as VZBA secretary.)
Motion to change the area variance application description asking applicant to provide the names/addresses of neighbors of the property in question to correct the distance requirements as stated in the Zoning Code (pg 62?) and clarify that neighbors across the road should be included (properties meet in center of road). Draft to be done by A. Bachman for the next meeting.
1st S. Ottenweller 2nd F. Beary Accepted

Minutes of Special Site Meeting June 24, 2018 submitted by A. Bachman
1st S. Ottenweller 2nd J. Keel Accepted unanimously

Clarification needed about special meetings/ property inspections – What can be discussed, is public notice required, is a quorum needed, are minutes required? S. Ottenweller will check this.

Code Enforcement Officer Report
2 permits issued: 1. for a 3 car garage, and 2. J. Lippert has submitted new plans and will meet with Tim to discuss. There needs to be real numbers of the lot size and building to be in compliance with setbacks and lot coverage percentage. Also, double check the mean high water mark of property.
Farm stand on North Townline Rd. near 414- property owner has been spoken with to explain the permit requirements. It is in the Ag/Rural Residential area and everything is OK as is at this time.
Clarification of farm stand/ green house/ garden shop/ nursery shop will be added to the list for the Planning Board.

Old Business:
Docks and Moorings – The Legislation has passed both the State House and Senate and is waiting for the Govenor's signature. S. Ottenweller will ask the Town Attorney to notify the ZBA when he recieves the notice.

Tolemeo/ Little complaint has been withdrawn via e-mail message from Becky Little to A. Bachman.
Next Scheduled Meeting: July 24, 2018 at 7:00 pm., but C. Millis, secretary, cannot attend. The July meeting is canceled as there is no known business at this time. A note will be posted on the door. A different meeting date will be discussed if any business makes it necessary.

Next Meeting will be August 28, 2018 at 7:00pm.

Motion to adjourn the meeting at 9:02 pm by F. Beary 2nd J. Keel Accepted unanimously.

Respectfully submitted August 15, 2018.

Carol J. Mill-is

Saturday, May 19, 2018

Varick ZBA special meeting minutes May 13, 2018


Zoning Board of Appeals
Town of Varick New York

Minutes for May 13, 2018

The Varick ZBA held a special site inspection meeting at 4677 Route 89 on May 13, 2018.

Present: Annie Bachman - Chair, John Keel, Andrew Herkovic, Fred Beary
Absent: Susan Ottenweller

The meeting was convened at 5:15 pm at the suggestion (communicated via email) of the chair. The sole agenda item was to observe the property at 4677 Route 89, subject of an area variance appeal filed by the current owner, Joseph A. Lippert of Erie, PA.

The members noted metal posts marking the property boundaries, and observed and discussed: the non-conformance of the lot, the very close (non-conforming) proximity of the house to the south, the dimensions of the existing structure, the non-conformance of the location of that structure relative to Rt. 89., the height challenge for any new structure (given the level of Rt. 89 relative to mean high water of Cayuga Lake. It was apparent that the “addition,” as proposed in the area variance application, would violate setbacks on both north and south sides, and, coupled with the square footage of the existing structure, would probably exceed the coverage limit of 25% of the total lot (to be calculated later).  It was also observed that the property to the south has had an air-conditioner installed on its north side, further impeding clearance between it and the proposed “addition.”

The owner of the property to the north was able to observe our inspection from the vantage point of his own dock, but did not participate in our discussion.

The meeting ended at ca. 5:30 pm.

Respectfully submitted by Boardmember Andrew Herkovic

Varick ZBA meeting minutes April 24, 2018

Zoning Board of Appeals
Town of Varick New York

Minutes for April 24, 2018 

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