MINUTES

Town of Vienna

Planning Board (PB) - Regular Meeting January 19, 2023

Call to order: Chairman Calvin Collins called the meeting to order at 7:02 pm with a quorum present.

Attendance:

Board Members: Calvin Collins, Orrin MacMurray, Dave Gigon, Bill Shaughnessy, Mike Piper, and Martha Link. There is one vacancy on the board.

Others: Secretary Kathy Pavelock, Supervisor Mike Davis for Liaison Gail Whitham, ZBA Chairman John Pavelock, and applicants. Codes/Zoning Officer Reay Walker was unable to attend.

Minutes Approval:

A motion was made by Orrin MacMurray, seconded by Bill Shaughnessy, to approve the December 15, 2022, regular meeting minutes. Poll Vote:

Correspondence:

• Submitted 239m reviews for SUB2022-05 Christmas (Ag. Districts). Contacted applicant.

• Submitted SUP2022-04 Time-Out Campground information to SHPO and to DEC. Received a sketch plan from applicant.

• Submitted legal notices for public hearings.

• Received reviews from SHPO (SUP2022-04), Oneida County (SUB2022-05), and DEC (SUB2022-05).

  
  

  While awaiting the appointed time for public hearings the board covered the following “Other Topics;”:

• Status of filling vacancies: Mike Piper was appointed to fulfill the PB term ending 2024. Martha Link was re-appointed with a term ending 2029. There is still one vacancy. Mike has taken his oath of office and Martha will be sworn in within 30 days. Supervisor Davis stated the town council will advertise again for the vacancy and asked the PB to ask residents about applying.

• Planning Board Members interested in Attending Local Government Conference April 6, 2023 at Turning Stone: Orrin has already applied. Calvin and Bill handed in their applications. Mike and Martha will provide their applications at the February meeting. Dave is looking into his availability. Secretary Kathy will coordinate with the town clerk for registering all interested board members.

• New Zoning Law: Orrin announced that the new Zoning Law is now in effect. All members have received a copy.

  Public Hearings:

  7:10 PM SUP2022-04 Buell, Derrick (Time-Out Family Campground) Special Use Permit application for expanding existing RV park with 10 additional sites. 7501 East Lake St.; Zone: SR; Tax Map # 217.018-1-29.1.

  Orrin MacMurray made a motion to open the public hearing for SUP2022-04. Seconded by Mike Piper. Poll Vote: Orrin MacMurray – Aye Bill Shaughnessy – Aye

  Martha Link – Aye Dave Gigon – Aye Calvin Collins – Aye

  Mike Piper – Aye Vacancy – n/a Motion Carried at 7:11.

  There were no public comments.

  Dave Gigon made a motion to close the public hearing for SUP2022-04. Seconded by Bill Shaughnessy. Poll Vote: Orrin MacMurray – Aye Bill Shaughnessy – Aye

  Martha Link – Aye Dave Gigon – Aye Calvin Collins – Aye

  Mike Piper – Aye Vacancy – n/a Motion Carried at 7:12.

  While awaiting the appointed time for the second public hearing the board discussed the following “Unfinished Business:”

  SUP2022-04 Buell, Derrick (Time-Out Family Campground); Special Use Permit application to expand existing RV park with 10 additional sites; 7501 East Lake St; Zone: SR;

  Tax Map # 217.018-1-29.1

  Secretary Pavelock reported receipt of recommendations from the State Historical Preservation Office (SHPO) and the Department of Environmental Conservation (DEC). There were no recommendations from either. The board asked Mr. Buell about the status of his discussions with OCWA. Mr. Buell explained he had talked with OCWA today and everything was in order. The board asked if there were any changes to the site plans. Mr. Buell stated that he had provided a sketch of the entire property for the board and there are no changes to his plans since the last PB meeting. Mike Piper explained that he had some files to provide for the property file.

  Orrin MacMurray made a motion to approve the SUP2022-04 Special Use Permit application contingent on compliance with all TOV Zoning Laws and that all required permits are obtained from the TOV Codes Enforcement Officer. Seconded by Mike Piper. Poll Vote: Orrin MacMurray – Aye Bill Shaughnessy – Aye Martha Link – Aye

  Dave Gigon – Aye Calvin Collins – Aye Mike Piper – Aye Vacancy – n/a Motion Carried.

  Mr. Buell was advised that a letter of determination would be prepared and sent to him. Upon receipt of the letter, Mr. Buell should contact the TOV Codes Enforcement Officer for the next steps.

  7:20 PM SUB2022-05 Christmas & Assoc 3-lot subdivision application; Howd Road, RR-3, Tax Map # 164.000-1-9.3.

  Dave Gigon made a motion to open the public hearing for SUB2022-05. Seconded by Mike Piper. Poll Vote: Orrin MacMurray – Aye Bill Shaughnessy – Aye

  Martha Link – Aye Dave Gigon – Aye Calvin Collins – Aye

  Mike Piper – Aye Vacancy – n/a Motion Carried at 7:24.

  There were no public comments.

  Orrin MacMurray made a motion to close the public hearing for SUB2022-05. Seconded by Bill Shaughnessy. Poll Vote: Orrin MacMurray – Aye Bill Shaughnessy – Aye

  Martha Link – Aye Dave Gigon – Aye Calvin Collins – Aye

  Mike Piper – Aye Vacancy – n/a Motion Carried at 7:25.

  
  

  Unfinished Business:

  SUB2022-05 Christmas & Associates 3-lot subdivision. Howe Rd; RR-3; Tax Map # 164.000-1-9.3 Secretary Pavelock reported that this application required a 239m referral since this subdivision borders agricultural districts. We received “no recommendations” reports from Oneida County Planning and the DEC.

  Mr. Christmas reported that he had received a “no impact” report from SHPO. Mr. Christmas also explained that he made a small adjustment to the subdivision plat to allow for adequate setbacks on Lot 1 from any potential wetlands. Mr. Christmas also presented a draft Deed Convenance stating he was willing to update it based on PB suggestions. The board reviewed the draft and offered a suggestion. The PB explained that the town does not enforce deed convenances. Issues with deed convenances is a civil issue.

  Orrin MacMurray made a motion to approve the SUB2022-05 3-lot Subdivision application subject to the Deed Convenance discussed at this meeting. Seconded by Bill Shaughnessy. Poll Vote: Orrin MacMurray – Aye Bill Shaughnessy – Aye Martha Link – Aye

  Dave Gigon – Aye Calvin Collins – Aye Mike Piper – Aye Vacancy – n/a Motion Carried.

  Mr. Christmas was advised that a letter of determination would be prepared and sent to him including a copy of the deed convenance discussed at this meeting. Mr. Christmas will file the approved plat with Oneida County.

  New Business: None

  
  

  Sketch Plan Reviews: None Other:

• Future updates to the Zoning Law – The planning board is keeping a list of items to consider for the next update to the Zoning Law including cannabis dispensaries and billboards.

  • Cannabis dispensaries: There is noting new to report. The state is still working on regulations.

  • Billboards: John Pavelock, chairman for the Zoning Board of Appeals was in attendance to discuss possible billboard zoning law changes. Mr. Pavelock explained to the PB that it would assist the ZBA if there was specific wording in the zoning law to cover billboards. He suggested that we use the Town of Verona billboard laws as a starting point. A letter was sent to Chairman Collins in November providing the Town of Verona zoning law on billboards. Orrin MacMurray requested that the secretary forward a copy of this letter to him.

Public Comments: None

Next Meeting: February 16, 2023. Agenda items are due to the secretary by February 9, 2023.

Orrin MacMurray made a motion, seconded by Dave Gigon to adjourn at 7:56 pm.

Minutes prepared by: Kathy M. Pavelock /s/ Planning Board Secretary