Microsoft Word - TOV_PBMinutes_20240516.docx

MINUTES
Town of Vienna
Planning Board (PB) - Regular Meeting May 16, 2024

Call to order: Chairman Calvin Collins called the meeting to order at 7:00 pm with a quorum present.

Attendance:

Board Members: Calvin Collins, Mike Piper, Orrin MacMurray, Bill Shaughnessy, and Martha Link.

Dave Gigon was unable to attend. There is one vacancy on the board.

Others: Secretary Kathy Pavelock, several applicants, and residents.

Liaison Darrin Smith and Codes/Zoning Officer (C/ZO) Reay Walker. were unable to attend.

Minutes Approval:

A motion was made by Mike Piper, seconded by Bill Shaughnessy to approve the April 18, 2024 regular meeting minutes. No discussion. Poll Vote:

Orrin MacMurray – Aye

Bill Shaughnessy – Aye

Martha Link – Aye

Dave Gigon – Absent

Calvin Collins – Aye

Mike Piper – Aye

Vacancy – n/a


Motion Carried.

Correspondence:

Secretary Pavelock summarized the correspondence on this meeting’s agenda as follows:

  • Contacted Carson Styles with requests from the planning board.

  • Contacted Jeff Moore regarding William Koenig applications.

  • Contacted Tom Winn regarding SEQR form required for next meeting.

  • Contacted Darec Liebel regarding subdivision application.

  • Phone call with Tim Hogan about items for next meeting.

    While awaiting the scheduled time for the public hearing, Orrin MacMurray reported that he had no updates to provide on possible Zoning Law update.

    Public Hearings:

    7:10 PM SUP2024-03/SUP2024-04 William Koenig; 218.000-1-30; 2983 NYS Route 49 at Kimball Road; Zone C; Construct 2 60’x100’ commercial buildings to support Recreation Repair Business on each lot as described in the subdivision:

    SUB2024-03 William Koenig; 218.000-1-30; 2983 NYS Route 49 at Kimball Road; Zone C; 2-lot subdivision for the purpose of one building on each lot.

    Bill Shaughnessy made a motion to open the public hearing for SUP2024-03, SUP2024-04, and SUB2023-03. Seconded by Martha Link. No discussion. Poll Vote:

    Orrin MacMurray – Aye

    Bill Shaughnessy – Aye

    Martha Link – Aye

    Dave Gigon – Absent

    Calvin Collins – Aye

    Mike Piper – Aye

    Vacancy – n/a


    Motion Carried at 7:15.

    There were no public comments.

    Mike Piper made a motion to close the public hearing for SUP2024-03, SUP2024-04, and SUB2023-03. Seconded by Bill Shaughnessy. No discussion. Poll Vote:

    Orrin MacMurray – Aye

    Bill Shaughnessy – Aye

    Martha Link – Aye

    Dave Gigon – Absent

    Calvin Collins – Aye

    Mike Piper – Aye

    Vacancy – n/a


    Motion Carried at 7:16.


    Town of Vienna Planning Board Meeting Minutes – May 16, 2024 Page 1

    Unfinished Business:

    SUP2024-03/SUP2024-04 William Koenig; 218.000-1-30; 2983 NYS Route 49 at Kimball Road; Zone C; Construct 2 60’x100’ commercial buildings to support Recreation Repair Business on each lot as described in the subdivision: SUB2024-03 William Koenig; 218.000-1-30; 2983 NYS Route 49 at Kimball Road; Zone C; 2-lot subdivision for the purpose of one building on each lot. This set of combined applications proposes the approval to construct a 60’x100’ structure on each lot along with outdoor storage as described in the subdivision application.

    The board discussed the Zoning Law requirements for screening (Section 720) with the applicant’s representative, Jeffrey Moore. The board will include a condition related to the screening in the Letter of Determination. Oneida County has responded to the 239m review with no recommendations. NYS DOT and DEC have not yet responded.

    Orrin MacMurray made a motion to approve the 2-lot subdivision SUB2023-03, contingent upon any recommendations from the NYS DOT or DEC. Seconded by Bill Shaughnessy. No discussion. Poll Vote:

    Orrin MacMurray – Aye

    Bill Shaughnessy – Aye

    Martha Link – Aye

    Dave Gigon – Absent

    Calvin Collins – Aye

    Mike Piper – Aye

    Vacancy – n/a


    Motion Carried.

    Mike Piper made a motion to approve the 2 Special Use Permits SUP2024-03 and SUP2024- 04, contingent upon any recommendations from the NYS DOT or DEC, adequate screening with a minimum of 12 white pines spaced from the NE corner of the north lot (lot 2) along 370 feet (plus or minus) on the border of Kimbal Road, and the standard special use permit conditions such as being enforced by the Zoning/Codes Enforcement Officer and any change in plans require planning board approval prior to execution.

    Seconded by Martha Link. No discussion. Poll Vote:

    Orrin MacMurray – Aye

    Bill Shaughnessy – Aye

    Martha Link – Aye

    Dave Gigon – Absent

    Calvin Collins – Aye

    Mike Piper – Aye

    Vacancy – n/a


    Motion Carried.

    SUP2023-09 Broadway Group (Carson Styles); New business and construct 9,100 sf building at corner of Routes 49/13. 2380, 2381, 2379, 2385 NYS Route 49; 217.000-2-24,25,26,27.

    Zone Commercial. In support of the subdivision, the property owner Ed Lambrech has authorized a merger of all four properties. The Town Assessor has prepared the appropriate forms for the merger. The board reviewed the subdivision plat with no comments.

    The board briefly reviewed the exterior views provided at this meeting by Carson. The board is concerned that the proposed DG be esthetically appealing and fit into the general character of the area. The proposed structure could be improved by windows or another façade. Carson will investigate if this can be added and will suggest some other exterior colors for a better visual appearance.

    The board asked for a photometric plan. Page C8 of the site plan illustrates where light poles are. It was noted that the one area on the east side may need to be shielded.

    Carson reported that the NYS DOT will not provide a letter indicating the effect of this project on traffic patterns. They have reviewed and approved the driveway. The board needs a copy of the letter approving the driveway.

    Carson also reported that they have identified areas where snow could be pushed. The board emphasized that this is not a condition for the special use permit, but rather an operational issue for the DG.

    The board also reviewed the water consumption document provided by OCWA and appears to be satisfactory. The board also calculated the coverage area of 1/8 which is well below the 40% maximum. The proposed setbacks meet the Zoning Law requirements. Screening is being proposed in the site plan. The signage appears to meet Section 1820 and Carson will provide the actual heigh of the pilon sign that he believes is 18’. There will be no outdoor storage.


    Town of Vienna Planning Board Meeting Minutes – May 16, 2024 Page 2

    The board still needs a copy of the stormwater prevention plan. The board would like confirmation from the engineer on the sizing of the retention pond (this maybe in the plan). The board asked the applicant if all Zoning Law requirements found on pages 30 and 31 have been met. Carson stated yes. The board also needs a long form SEQR form. The form prepared last year may be used with updates as appropriate.

    If the following items are provided for the June meeting, then the board will consider scheduling a public hearing for July:

    • Stormwater Prevention Plan.

    • DOT letter of approval for the driveway.

    • Long form SEQR.

    • Exterior treatment plans.

    • Photometric plan.

SUP2024-02 Dale Race (Hogan Engineering); 7954 Lewis Road; 201.000-1-41.3; Zone RR-1; Provide

(6) cabins and (6) RV spaces covering 3.7 acres with public water and subsurface wastewater disposal. They are looking to build 6 cabins and provide 7 sites for RVs. Note this is updated from the 6 RV sites described on the application. The application was updated to reflect the additional RV site.

Tim Hogan, representing Dale Race, provided an overview of site plan updates since the last meeting. He explained the change in the RV sites providing 48’ long sites which meets NFPA requirements for fire pits. There will be 2 septic tanks for the cabins and pavilion. There will be an RV dumping station with an alarm. Tim will provide a copy of the email from the DOH. An application has been submitted to OCWA.

The board suggested that Tim contact the town highway department regarding the proposed ditches. Tim will ask the highway superintendent to visit the site. There needs to be resolution of the drainage in the corner of the project. The sign will be moved to the left of the driveway entrance. 4’x8’ is within Zoning Law requirements. They will be providing downcast lighting. The board contends there is not enough parking for visitors. This is an operational issue.

The board reviewed the SEQR part 1 and prepared part 2 finding a moderate impact to neighbors. The applicant will provide mitigation plans including items such as lowering 3000 lighting to 2000, better screening, widening buffers for north and south neighbors, etc. The applicant will meet with neighbors to discuss issues.

Bill Shaughnessy made a motion to declare a negative environmental impact, assert lead agency, and schedule a public hearing for June 20, 2024 at 7:10. Seconded by Martha Link. No discussion.

Poll Vote: Orrin MacMurray – Aye

Bill Shaughnessy – Aye

Martha Link – Aye

Dave Gigon – Absent

Calvin Collins – Aye

Mike Piper – Aye

Vacancy – n/a


Motion Carried.

NOTE: After adjourning the planning board meeting, the board agreed by consensus to move this public hearing to the last of four public hearings for June 20 at 7:40 to allow adequate time for public comment on this application and to allow for improved efficiency for planning board business. The remaining motions for public hearing will identify the adjusted schedule.

SUB2024-02 Thomas Winn for ARH, LLC; 163.000-1-39.1; 6-lot subdivision on Maple Flats Rd. 150 Acres with 5 lots containing 3+ acres each with l lot retaining the remainder of the 150 acres. Tom provided the updated plates and SEQR part 1 form. To ensure that the proposed road is not a separate lot, it will be merged with one of the 6 lots. The proposed road will remain private and provide utility access, fire/rescue access, and access to all 6 parcels. The board reviewed the SEQR.

Orrin MacMurray made a motion to declare a negative environmental impact, assert lead agency, and schedule a public hearing for June 20, 2024 at 7:10. Seconded by Bill Shaughnessy. No discussion. Poll Vote: Orrin MacMurray – Aye Bill Shaughnessy – Aye Martha Link – Aye

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

This is an uncoordinated 239m review. The applicant will have the plats reconfigured and finals ready for the next meeting.

Town of Vienna Planning Board Meeting Minutes – May 16, 2024 Page 3

New Business:

SUB2024-05 Darrin Ketchum; 201.000-2-16.2; Zone RR-1/WR; 2-lot subdivision at 3806 Oswego Rd, 23.51 Acres. Darrin provided an overview of the proposed 2-lot subdivision. The board requested that Darrin have the surveyor identify wetlands, if any, or state none. The board reviewed the SEQR. Orrin MacMurray made a motion to declare a negative environmental impact, assert lead agency, and schedule a public hearing for June 20, 2024 at 7:20. Seconded by Mike Piper. No discussion. Poll Vote: Orrin MacMurray – Aye

Bill Shaughnessy – Aye Martha Link – Aye Dave Gigon – Absent

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

This will be coordinated due to bordering on an agriculture district. The applicant will provide an updated plat and ag data statement for the 239m review.

SUB2024-06 Darec Liebel;235.006-3-7; Zone SR; 2-lot subdivision at 1528 NYS Route 49; 2 acres.

Previously approved SUB2021-03 on 7/15/2021. Plats were never filed with the county. Darec explained that he is providing the final plats that were approved in 2021 with no changes. The board reviewed the SEQR. Orrin MacMurray made a motion to declare a negative environmental impact, assert lead agency, and schedule a public hearing for June 20, 2024 at 7:30. Seconded by Bill Shaughnessy. No discussion. Poll Vote: Orrin MacMurray – Aye

Bill Shaughnessy – Aye Martha Link – Aye Dave Gigon – Absent

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

This will be coordinated due to NYS Route 49.

Public Comments:

  • Tammy Crawford has concerns about the proposed cabins/RV campground on Lewis Road.

  • Amanda Sasenbury has concerns about the proposed cabins/RV campground on Lewis Road.

Next Meeting: June 20, 2024. Agenda items are due to the secretary by June 13, 2024.

Mike Piper made a motion to adjourn, seconded by Orrin MacMurray. Motion carried 10:14 pm.


Minutes prepared by:


Kathy Pavelock

Planning Board Secretary


Town of Vienna Planning Board Meeting Minutes – May 16, 2024 Page 4