August 5, 2025
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, and James Velie, Town Clerk, Donna Karlsen, Bookkeeper, Angela Testa, Highway Supervisor, Ben Freier, Attorney for the Town, Emil Bove, Planning Board, Linda Mastellar and Cindy Lont, Zoning Code Enforcement Officer, Tim Dorn, and Miles Persing and Valerie Dorn. Absent: Councilman Eric Riegel.
Petitioners to Address the Board: None.
Abstract: A motion by Richard McCulloch, seconded by Jim Velie and so carried unanimously to approve Abstract 8, Vouchers 206 to Vouchers 244 in the amount $252,123.42.
Highway: Ben Frier reported that he received a quote to resurface a short portion of the end of Hahnel Road of $66,000. He has approximately $100,000 in CHIPS. He may use the balance to blacktop as much of Deal Road as he can instead of Yale Farm Road this year due to its condition.
Judge: No Report.
Supervisor’s Report: A motion by Richard McCulloch, seconded by James Velie and so carried unanimously to approve the June 2025 Monthly Report of the Supervisor.
Mrs. Testa reviewed the amendments to the 2025 budget and presented the following resolution for approval:
RESOLUTION NO 25-004
| AMENDMENT TO THE | ||||
| TOWN OF VARICK | ||||
| 2025 BUDGET TRANSFERS | ||||
| WHEREAS there are not sufficient budget appropriations in the District Fund Budget to meet obligations of the Fund for the year 2025, and | ||||
| WHEREAS, in conformity with Town Law and good bookkeeping practices, amounts should not be over appropriated, be it | ||||
| RESOLVED, that the Financial Officer is hereby authorized and directed to make amendments to the 2025 budget to correct over budget line items as follows: | ||||
$ 3400.00 from Contingency A00-1990.400 to Admin Asst A00-1220.104
$ 50.00 from Contingency A00-1990.400 to Dog Contr. A00-3510
$ 140.00 from Equipment SW3-8320.200 to WL& Badger SW3-8310.410
$ 6476.06 from Fund Balance SW3-599 to Pumping Sal SW3-8320.100
| MOVED: Richard McCulloch | |||
| SECONDED: James Velie So Carried Unanimously |
Code Enforcement Officer: CEO Report for Town Board meeting August 5, 2025 as written:
I took the following actions over the past month:
- It was reported to the CEO that Sarah Taylor was operating an STR without a permit, and I investigated and found her advertising 4460 Rt 89 as a luxury STR on AirBnB. I emailed her to stop advertising without a permit and to contact me to discuss. She responded promptly with a call informing me she had taken the site down and would contact me when she returned from a trip to discuss options.
- I also found on AirBnB an advertisement for 752 Yale Farm Rd, hosted by Benjamin Secor IV. I talked with the owner that he needed a permit. He informed me he did not plan to rent it for the next few months and would contact the STR clerk about an application for the appropriate permit.
- I also found on AirBnB an advertisement for Bungalow at E.V.E., which I recognized as one of the Erik Heitz properties. It was not the property for which his STR permit was issued. I emailed him to inquire why he was advertising the property that he claimed was his residence. He did not respond. As appointed CEO for the Town of Varick I issued a notice of violation to Erik Heitz on July 31, 2025. I instructed him to stop advertising and renting his residence as an STR under STR permit 2025-#0061 which was issued for an adjacent property. Because of the history of this permit, below are the details.
Background on Heitz Permit
During the Heitz permit application process the CEO did not find his application in proper form as required under section 404.2, and did not transmit it to the PB for action. The chair and STR clerk scheduled it for public hearing at their June meeting anyway. At the meeting, I identified the problems with the application that I found on my site inspections on June 5 and June 23.
The PB passed a resolution to conditionally approve the application for an STR permit for 5232 Rt 89 with a septic COO for 5228 Rt 89 (claimed in the application to be the owner’s residence to meet the owner-supervised code requirement).
The problems with this application
Erik Heitz did not qualify for owner supervised permit because the property 5228 Rt 89 he was claiming as his residence did not have a working septic at the time of my first inspection on June 5, and he provided no documentation this was his residence. The same problems existed on my second inspection on June 23.
My third inspection on July 24 found the septic system working. Erik Heitz provided documentation of a working septic, and for the first time on July 28 2025 I received a copy of an amended application with DMV and voter registration documentation proving residence at 5228 Rt 89. This was sufficient proof of residence according to a legal opinion from the town attorney. Based on this information I found the application for an STR at 5232 Rt 89 to be in proper form and approved the STR clerk to issue the permit, which was issued on July 28, 2025.
The Violation
On July 30, 2025, Erik Heitz advertised 5228 RT 89 as an STR on AirBnB. That is not the property for which the STR permit was issued. That is listed as his residence on his STR application. I emaiedl him to let him know he was in violation of the code and asked him to contact me to discuss the issue. He did not respond.
On July 31, 2025, I emailed a notice of violation and instructed him to stop advertising and renting that property. He stopped advertising 5228 Rt 89. He has not contacted me to date.
Planning Board Actions
The PB disagreed with the CEO on several issues on the Erik Heitz application and went over his head to push the Heitz application through at their June meeting before a final inspection from the CEO found the application in proper form under sections 315.1, 315.5, and 404.2. The comments from neighbors during the public hearing were also disregarded by the PB when it passed the resolution giving conditional approval for this permit, despite the issues over residency. I would have sent this application to the ZBA for interpretation of the residency requirement to meet the owner-supervised definition in the code.
The PB interference with code enforcement responsibilities of the CEO has led to the first notice of violation I had to serve on a permit I issued in the 9 + years I have held this job.
The PB is going to request changes to the code for STR’s. As discussed at the July PB meeting, their changes will pass code enforcement to the STR clerk and I don’t support those changes. The current code on STR permits is clear to me as CEO and meets NYS standards. The only code change I support is marked in red below for deletion. This language is difficult to enforce and I support its removal.
Short-term rental. The rental of a house or portion thereof for a period of less than 30 nights, for which the guest compensates an owner or lessee of the dwelling and does not meet the definition of a Bed and Breakfast or other hospitality use. A short-term rental is considered owner-occupied if the rental is on the same lot as the owner’s residence, the owner lives in that residence more than six months per year, and lives there during the rental period. A short-term rental is considered owner-supervised if the owner lives on an adjacent lot more than six months per year, and lives there during the rental period.
A lengthy discussion was held regarding the Town of Varick Zoning Code and the duties of the STR secretary and Zoning Code Officer with comments being presented by the town board, Zoning Code Enforcement, Tim Dorn, Chair of the Planning Board, Linda Mastellar and Planning Board/STR secretary Cindy Lont. Points presented will be given further review and consideration by the board members and town attorney and addressed in part with the anticipated updating of the Zoning Code.
Water & Sewer Operator’s Report: June & July 2025
· Marked Out Dig Tickets as requested
· Called in Dig tickets for upcoming jobs
· Read each master meter and did calculations of daily usage
· Answered customers question in each sewer and water district
· Did final reads as needed
· Changed out grinder pumps as needed
· 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
· Serviced and exercised hydrants in District 3
· Talked with contractors about upcoming water service installs on Rt 89
· Leak detection on Seneca lake water district using loggers
· Top soiled yards from water leaks and cleaned up debris
· Installed valve signs on Varick 3
· Repaired 6-inch water leak on east lake rd near pumphouse
· Had lift pump station grease taken out by brewers
· Dumped smelling liquid to help with odor on hot days in sewer pump station
· Inspected new water line on yale farm rd
· Did water reads and investigated any issues found
· Met with homeowners to help identify service line material for lead and copper study
· Got quotes together for upcoming water services
· Fixed curb box on rt 89
· Helped county with water leak near Sampson state park
· Dropped off information for lead and copper to health department
Varick Sewer District No. 1: Nothing further to report.
Varick Sewer District No. 2: Nothing further to report.
Proposed Capital Project: Varick Sewer District 3 and 4.
MRB presented the following resolution for board consideration. This resolution is required when making application for WIIA funding. The board questioned if this resolution should only reflect Sewer District No. 4. The board had decided prior to hiring MRB that they would only move forward with Varick Sewer District No. 4 until they had further confirmation that the residents in the Hamlet of Fayette (Varick Sewer District No. 3) wanted to proceed with this project. The board passed this resolution as written but recognized if it wasn’t accurate there was time to amend it.
Resolution 25-005 (Rescinded September 2, 2025)
Resolution of Support from the Town of Varick
2025 Water Infrastructure Improvement Act
Creation of Sewer Districts No. 3 and 4
WHEREAS, the Town Board for the Town of Varick, located in Seneca County, supports the submission of a 2025 Water Infrastructure Improvement Act application on behalf of the Town for the construction of sewer districts No. 3 and 4; and
WHEREAS, the New York State Environmental Facilities Corporation (EFC) provides a competitive statewide reimbursement grant program for local governments, administered to directly address documented water quality impairments; and
WHEREAS, an Engineering Report entitled Sewer District No. 3/Sewer District No. 4 Sanitary Sewer Project by Hunt Engineers and Amended inJuly 2025 by MRB Group, identifies the Project to help improve water quality and protect public health; and
NOW THEREFORE BE IT RESOLVED, the Town of Varick Town Board identifies the Town Supervisor as the authorized representative of the Town to execute necessary documents relative to and as required for the grant application; and
BE IT FURTHER RESOLVED, that the Town may be obligated to provide local matching funds totaling at least 75% of the Project Costs in the form of in-kind services or cash contributions appropriated through State Revolving Fund (SRF) or other approved financing or funds, in accordance with the Bond Resolution; and
BE IT FURTHER RESOLVED, that the Town Board for the Town of Varick, located in Seneca County, recognizes and fully supports the submission of the 2025 WIIA grant application by MRB Group on behalf of the Town to improve water quality and protect public health.
Motion by: Richard McCulloch
Seconded by: James Velie
Passed by the following vote of all Town Board Members voting in favor thereof:
Affirmative Town Board Members: Robert Hayssen, Richard McCulloch, Thomas Fox and James Velie
Affirmative: #4
Negative: #0
Abstain: #0
Absent: Eric Riegel
Bob reported that he had met with MRB and drove Varick Sewer District No. 4. At that time they presented a Preliminary Opinion of Construction and Project Costs for both Sewer District No. 3/Sewer District No. 4 of $12,388,000.
Varick Sewer District No. 1: Nothing further to report
Seneca Lake Water District: Nothing further to report
Varick Water District No. 3: Nothing further to report.
Varick Water District No. 4: Nothing further to report.
Water Rate Increase by Seneca County Water District No. 1: Supervisor Hayssen presented a forthcoming resolution by Seneca County Water District No. 1 proposing increased water rates that would affect Varick Water District No. 1 and Varick Water District No. 3. The current rate as indicated in the resolution is $8.03/1,000 gallons, which is not what the County District has been charging for the past year. Water 1 and Water 3 have been charged $8.09/1,000 gallons and it was noted that the county never informed the town of that increase in rate or the amount it was going to be prior to billing the districts at the new rate in 2024. The new out of district proposed rate will be raised to $10.47/1,000, a $2.38 raise over what the districts are currently being charged. The board will discuss a water rate increase once Seneca County determines the final water rate.
Town Clerk’s Report: A motion by Richard McCulloch, seconded by James Velie and so carried unanimously to approve the July 2025 Town Clerk’s Report: Supervisor: $785, NYS Ag & Markets: $10, Total Disbursements: $795.
Mrs. Karlsen reported that she received Deputy, Donna Brandow’s resignation letter as she is retiring from this position after thirteen years. Mrs. Karlsen will be looking for her replacement and is seeking recommendations.
Minutes: A motion by Richard McCulloch, seconded by James Velie and so carried unanimously to approve the minutes of July 1, 2025.
Personnel: Mr. McCulloch reported that the 2025 Summer Recreation Program has ended and introduced many activities to those who attended.
Assessor: No report.
Zoning Board: No report.
Planning Board: Planning Board Chair, Linda Mastellar, provided the board with a couple copies of the Zoning Code with proposed changes for their review. It was recommended that a special meeting be held at a later date providing the board time to review the suggested changes prior to discussion.
A motion by Richard McCulloch, seconded by James Velie and so carried unanimously to hold a special meeting to review the proposed changes to the Town of Varick Zoning Code and to address any other business that may come before the board on August 19, 2025 at 6:00 p.m. at the Town Hall.
The board tabled discussion on lawn signage advertising Public Hearings.
New Business, Old Business, Correspondence:
Seneca County Surplus Sales Tax to Be Distributed: Supervisor Hayssen negotiated an agreement with Seneca County to pay off the balance of the water accounts for Varick Water District No. 1, Account 1312B in the amount of $35,621.19 and Varick Water District No. 3 account number 1344B in the amount of $35,297.22 which represents questionable water metering over several years. These balances are what was showing due as of January 1, 2024. The 2023 Sales Tax Distribution of $140,418.50 will be disbursed to the Town of Varick once this payment plan has been officially presented and the first payment has been made. The board supported entering into an agreement but will continue their verification of the accuracy of the figures presented.
A motion by Richard McCulloch, seconded by James Velie and so carried unanimously to enter a five-year repayment plan with Seneca County Water District No. 1, subject to an acceptable contract from the county and approved by the town attorney, to be paid quarterly in the total sum amount for Varick Water District No. 1 of $35,621.19 and Varick Water District No. 3 of $35,297.22.
Mr. Fox suggested the town look into installing a lighted signboard, electronically run to promote and publicize events and information within the town. He thought the cost could range anywhere from $19,500 or above and referred to the Fayette Fire Department and Romulus Central School’s electronic signage as an example. Mr. Freier expressed his interest in this as well and a discussion was held as to what system would best suit the town. Mr. Fox ended up withdrawing his suggestion, but it was felt by the board that this should still be considered, and more thought can be given to this in the future.
A motion by Richard McCulloch, seconded by Tom Fox and so carried unanimously to adjourn the meeting at 9:20 p.m.
Respectfully Submitted:
Donna Karlsen
Varick Town Clerk