MINUTES

Town of Vienna Planning Board - Regular Meeting

February 17, 2022

Call to order: Dave Gigon acting chairman for Calvin Collins called the meeting to order at 7:09 pm with a quorum present.

Attendance:

Board Members: David Gigon, Bill Shaughnessy, Mike Piper, and Martha Link.

Calvin Collins and Orrin MacMurray were unable to attend. There is one vacancy on the board.

Others: Secretary Kathy Pavelock and several residents. Liaison Gail Whitham and Zoning Officer Reay Walker were unable to attend. Supervisor Davis attended to start up the Zoom teleconference for several residents requesting to attend by Zoom.

Minutes Approval:

A motion was made by Bill Shaughnessy, seconded by Martha Link, to approve the January 20, 2022, regular meeting minutes. Poll Vote:

Correspondence:

• Coordination of the March 9 Public Information meeting on the proposed changes to the Zoning Law. All planning board members are encouraged to attend this meeting at the town highway garage beginning at 6 pm.

• Registrations have been submitted for those wishing to attend the April 19 Local Government Conference. Tickets and session information sheets were distributed.

• Submitted public hearing notice and review materials to Oneida County Planning related to SUB2022- 01.

  Public Hearings:

  7:10 PM DiCastro, Jim; SUB2022-01; 2-lot subdivision at 4148 Oswego Rd; Tax Map# 202.000-1-

  3.6. A 6.56-acre lot to be subdivided into a 2.45-acre lot with a house and a 4.11-acre lot with a garage and warehouse.

  Mike Piper made a motion to open the public hearing for SUB2022-01. Seconded by Bill Shaughnessy. Poll vote:

  Orrin MacMurray – Absent	Mike Piper – Aye	Dave Gigon – Aye
  Bill Shaughnessy – Aye	Calvin Collins – Absent	Martha Link – Aye
  Vacancy – n/a		Motion Carried at 7:12 PM.

  There were no comments from the public.

  Mike Piper made a motion to close the public hearing for SUB2022-01. Seconded by Bill Shaughnessy. Poll vote:

  
  

  Orrin MacMurray – Absent	Mike Piper – Aye	Dave Gigon – Aye
  Bill Shaughnessy – Aye	Calvin Collins – Absent	Martha Link – Aye
  Vacancy – n/a		Motion Carried at 7:14 PM.

  Unfinished Business:

  DiCastro, Jim; SUB2022-01; 2-lot subdivision at 4148 Oswego Rd; Tax Map# 202.000-1-3.6. A 6.56-acre lot to be subdivided into a 2.45-acre lot with a house and a 4.11-acre lot with a garage and warehouse. The board reviewed the status of this application.

  Since this property is within 500 feet of an agricultural district, the subdivision application must be reviewed by Oneida County Planning. This was discovered last week and the review was submitted. Secretary Pavelock provided an agricultural data statement form for the applicant to complete. This will be filed with the application and the county may request a copy. The board has not yet received a response. The county has 32 days to respond. Mr. DiCastro inquired if the subdivision could be approved contingent upon receiving a favorable response from the county.

  The board agreed that this could be accommodated based on the situation. Mike Piper made a motion to approve subdivision SUB2022-01 contingent upon receiving a favorable response from the county. Seconded by Bill Shaughnessy. Poll Vote:

  Orrin MacMurray – Absent Mike Piper – Aye Dave Gigon – Aye

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

  The maps will be signed by the planning board upon receiving a favorable response from the county. Secretary Pavelock will keep Mr. DiCastro informed.

  
  

  Angelwood Estates, LLC, SUB2020-02; Myers & Associates; Major subdivision on Route 49 near Drive 6; Tax Map# 214.000-1-34. Myers was not in attendance. Secretary Pavelock called them prior to this meeting. Myers is waiting for further direction from the land owner. Tabled to next meeting.

  Local Gas, LLC (Tom Kilts), SUP2021-07 – Special Use Permit at 2020 NYS Rte. 49; 217.017-1-57. Addition of a lean-to on the side of existing pole barn. Tom Kilts was not in attendance. Secretary Pavelock called Mr. Kilts prior to this meeting. He informed the secretary that they would most likely not pursue this special use permit after speaking with the codes officer. Secretary Pavelock requested that Mr. Kilts send an email requesting that the application be withdrawn. Tabled until withdrawal letter or other action by the board.

  New Business:

  Behr, Adam; Relot2022-01; 2392 and 2382 NYS Rte 49; Tax Map #s 217.000-2-21.1 (3.82 Acres), 217.000-2-28 (0.57 acre). Mr. Behr explained that he is applying for a boundary line adjustment moving some land from the 3.82-acre lot to the .057-acre lot. No adjustments are to be made to the road frontage. The board reviewed the preliminary plat and agreed that it is a boundary lot line adjustment. This is a Type II SEQR. Bill Shaughnessy made a motion to approve reallotment Relot2022-01. Seconded by Martha Link. Poll Vote:

  Orrin MacMurray – Absent Mike Piper – Aye Dave Gigon – Aye

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

  Mr. Behr was advised of the requirements for filing property maps with Oneida County. Mr. Behr will discuss with his surveyor and provide the required items to Secretary Pavelock. Upon receipt of the final plats, the planning board will sign them.

  
  

  Sketch Plan Reviews: None

  Other:

• Definition of “Re-allotment.”

  The Board discussed this topic based on past discussions that took place at the December Planning Board Meeting. Mac contacted the Town Attorney regarding the need for a plot plan to be submitted for reallotments prepared by a surveyor and showing the parcels impacted in their entirety as well as the reallotted land. The Town Attorney agreed and recommended that the Planning Board request such information in order to determine if the parcels, after the reallotment is complete, will meet the requirements of the Town Zoning Law and that no nonconformities are created by the reallotment.

  Further, Mac contacted two licensed Land Surveyors who have done work recently in the Town and asked their opinion on providing such a plot plan. Both agreed this is appropriate and in accordance with best practice. By consensus of the Board members present, it was agreed that such a plot plan must be provided in the future as a part of applications for a reallotment.

• Zoning Law Updates – nothing new to report.

• Cannabis Dispensaries.

Bill Shaughnessy reported that the Village of Sylvan Beach is working on definitions. Efforts by the village on this topic will be shared with the town. He will provide another report at the March planning board meeting. Supervisor Davis mentioned that the town council has nothing new to report on this topic. He stated that is a great idea to work with the village as much as possible.

Public Comments:

Jeff Moore wanted to discuss the reallotment survey/plat requirements. He thinks that it is not appropriate or efficient to include all lands on the plat. The board explained that having an understanding the surrounding lands for a proposed reallotment assists them in their actions related to the application. The board explained that no changes have been made to the Subdivision Law. Only the town council has the authority to make and update laws. The planning board has the authority to waive certain requirements for subdivisions/reallotments. The board advised Mr. Moore that the Sketch Plan Review should be used such that the board can review the plans and determine which requirements may be waived.

Next Meeting: March 17, 2022. Agenda items are due to the secretary by March 10, 2022. Bill Shaughnessy made a motion to adjourn. Seconded by Martha Link. All in favor.

Motion carried at 8:10 PM.

Minutes prepared from notes taken by:.

Kathy M. Pavelock /s/

Planning Board Secretary