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
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