MINUTES

Town of Vienna Planning Board - Regular Meeting

November 17, 2022

Call to order: In the absence of Chairman Calvin Collins, Orrin MacMurray called the meeting to order at 7:01 pm with a quorum present.

Attendance:

Board Members:Orrin MacMurray, Dave Gigon, Bill Shaughnessy, and Martha Link.

Calvin Collins was unable to attend and there are two vacancies on the board.

Others: Secretary Kathy Pavelock and residents/applicants.

Liaison Gail Whitham and Codes/Zoning Officer Reay Walker were unable to attend.

Minutes Approval:

A motion was made by Bill Shaughnessy, seconded by Dave Gigon, to approve the October 20, 2022, regular meeting minutes. Poll Vote:

Correspondence:

• Legal Notices to the QCN for November 17, 2022 public hearings for SUP2022-2 Berdan and SUP2022-3 Natali.

• Phone call with Marc Christmas regarding possible upcoming subdivision applications (NOTE: no applications were received by November 10, 2022).

• Email from Orrin MacMurray regarding the status of the updated Zoning Law.

  
  

  While awaiting the time of the scheduled public hearing at 7:05, Orrin MacMurray provided an update on the status of the proposed Zoning Law changes. On November 2, 2022, the Town Council unanimously approved the proposed Zoning Law changes. The version to be submitted to the state was passed out to the planning board, with copies provided to Secretary Pavelock to distribute to the Codes/Zoning Officer and Zoning Board of Appeals. Until the town receives an effective date from the state, we are required to continue to use the current Zoning Law.

  Public Hearings:

  7: 05 SUP2022-02 Berdan, Steven; Special Use Permit for Golf Club Repair Business, 309 Drive 25; SR; Tax Map # 215.000-2-46.2.

  Bill Shaughnessy made the motion to open the public hearing for SUP2022-02. Seconded by Martha Link. Poll Vote: Orrin MacMurray – Aye Bill Shaughnessy – Aye Martha Link – Aye Dave Gigon – Aye Calvin Collins – Absent

  Vacancy 1 – n/a Vacancy 2 – n/a Motion Carried at 7:08. There were no comments from the public.

  Dave Gigon made the motion to close the public hearing for SUP2022-02. Seconded by Bill Shaughnessy. Poll Vote: Orrin MacMurray – Aye Bill Shaughnessy – Aye Martha Link – Aye Dave Gigon – Aye Calvin Collins – Absent

  Vacancy 1 – n/a Vacancy 2 – n/a Motion Carried at 7:09.

  7:20 SUP2022-03 Gary Natali; Special Use Permit: North Shore Mobile Estates; 234 Beach Rd; RR-2; Tax Map # 214.000-1-59 – Gary Natali has re-applied for a Special Use Permit to expand the existing North Shore Mobile Estates Mobile Home Park after obtaining a temporary variance VAR2022-1 from the TOV Zoning Board of Appeals (ZBA). The Planning Board is considering authorizing the TOV Zoning Officer to issue a temporary zoning permit with appropriate conditions to allow the installation of a model manufactured home on proposed new lot number 1 of North Shore Mobile Estates.

  Dave Gigon made the motion to open the public hearing for SUP2022-03. Seconded by Bill Shaughnessy. Poll Vote: Orrin MacMurray – Aye Bill Shaughnessy – Aye Martha Link – Aye Dave Gigon – Aye Calvin Collins – Absent

  Vacancy 1 – n/a Vacancy 2 – n/a Motion Carried at 7:20. There were no public comments.

  Bill Shaughnessy made the motion to close the public hearing for SUP2022-03. Seconded by Dave Gigon. Poll Vote: Orrin MacMurray – Aye Bill Shaughnessy – Aye Martha Link – Aye Dave Gigon – Aye Calvin Collins – Absent

  Vacancy 1 – n/a Vacancy 2 – n/a Motion Carried at 7:21.

  Unfinished Business:

  SUP2022-02 Berdan, Steven; Special Use Permit for Golf Club Repair Business, 309 Drive 25; SR; Tax Map # 215.000-2-46.2. As mentioned at the last planning board meeting, Mr. Michael Fischer was present to represent the applicant. The board discussed possible conditions for this special use permit and reaffirmed the categorization of this use as Retail, small as opposed to a home-based business. A motion was made by Bill Shaughnessy, seconded by Martha Link to approve special use permit SUP2022-02 with the following conditions:

  • Two parking spots will be provided.

  • All setbacks shall be met for any new structures for this business.

  • All necessary permits shall be obtained by the Zoning/Codes Officer.

  • The Zoning/Codes Officer may revoke the special use permit for nonconformance to any of the conditions.

Poll vote: Dave Gigon – Aye Orrin MacMurray – Aye

Martha Link – Aye Bill Shaughnessy – Aye Calvin Collins – Absent Vacancy 1 – n/a Vacancy 2 – n/a Motion Carried.

Mr. Fischer was advised that a letter of determination would be prepared and mailed to the applicant. Upon receipt of the letter of determination, the applicant may contact the codes officer to obtain the necessary permits to proceed with the new business.

SUP2022-03 Gary Natali; Special Use Permit: North Shore Mobile Estates; 234 Beach Rd; RR-2; Tax Map # 214.000-1-59 – Gary Natali has re-applied for a Special Use Permit to expand the existing North Shore Mobile Estates Mobile Home Park after obtaining a temporary variance VAR2022-1 from the TOV Zoning Board of Appeals (ZBA). The Planning Board is considering authorizing the TOV Zoning Officer to issue a temporary zoning permit with appropriate conditions to allow the installation of a model manufactured home on proposed new lot number 1 of North Shore Mobile Estates.

The board reviewed a draft resolution prepared by Orrin MacMurray. The board agreed the draft resolution as amended during this meeting complies with the current zoning law and that this project is a Type II action under SEQR 617.5(c)(11),(21),(25).

A motion was made by Dave Gigon, seconded by Bill Shaughnessy approve the resolution (attached) discussed at this meeting which will authorize the TOV Zoning Enforcement Officer to issue a Temporary Zoning Permit, with appropriate conditions for the installation of a model manufactured home on proposed new lot No. 1 of North Shore Mobil Estates.

Poll vote: Dave Gigon – Aye Orrin MacMurray – Aye Martha Link– Aye Bill Shaughnessy – Aye Calvin Collins – Absent

Vacancy 1 – n/a Vacancy 2 – n/a Motion Carried.

Mr. Natali was advised that the resolution will be signed by Chairman Collins and provided to the Zoning/Codes Officer. Check with the Zoning/Codes Officer about the start date for the 12 months.

Sketch Plan Reviews: None

Other:

Zoning Law update – discussed prior to the public hearings.

Vacancies – There has been no receipt of any applications. The board discussed the option of cutting the board back to 5 members. Although it will reduce the quorum to three, it does not provide as many voices from the residents of the town. Mr. Fischer stated he might be interested in applying for one of the vacancies.

The board also encouraged Martha Link to continue on the board as her term expires at the end of this year.

Cannabis Dispensaries – There continues to be nothing that we can do on this subject until the state provides guidance. Bill Shaughnessy explained that we will want to specify what zones and how many dispensaries we will allow.

Billboards – The ZBA is currently considering a variance application for an existing billboard on Route 13. There are several billboards along this stretch of road. The ZBA was wondering why we don’t account for billboards in the town. The ZBA is drafting a letter to the PB and may come to a future meeting to discuss this topic. The planning board briefly stated that we currently do not allow billboards in the town. They would be happy to have ZBA members attend a future meeting.

Public Comments: none

Next Meeting: December 15, 2022. Agenda items are due to the secretary by December 8 2022.

Bill Shaughnessy made a motion, seconded by Martha Link to adjourn at 7:50 pm.

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