MINUTES
TOV Zoning Board of Appeals (ZBA) Special Meeting
June 28, 2023

Call to order: 2023 Chairman John Pavelock called the meeting to order at 6:30 pm and led attendees in The Pledge of Allegiance to the Flag.

Attendance:

ZBA Members: John Pavelock, Amanda Hewitt, Joshua O’Kay, and Mike Taylor.

There is one vacancy on the board.

Others: Liaison Gail Whitham and secretary Kathy Pavelock. Zoning/Codes Officer Reay Walker was unable to attend.

Minutes Approval:

Amanda Hewitt made a motion to approve the minutes for the January 11, 2023, ZBA Organizational Meeting. Seconded by Josh O’Kay. Poll Vote: Josh O’Kay – Aye, Amanda Hewitt – Aye, John Pavelock – Aye, Mike Taylor – Aye, Vacancy – n/a. Motion Carried.

Correspondence:

Secretary Pavelock summarized the correspondence since the last ZBA meeting including:

• Prepared a letter to the town board regarding a recommendation from the ZBA to appoint Mike Taylor to one of the vacancies. The ZBA met informally (no quorum) in April. Josh will take an application to someone interested in filling the remaining vacancy.

• Communicated training opportunities to the ZBA members. Mike Taylor will be sent information for webinars.

• Coordinated this meeting via email.

Public Hearings: None Unfinished Business: None New Business:

Var2023-01 Broadway Group, Carson Styles; 2374 NYS Rte 49 at NYS Rte 13; 217.000-2-24, 25, 26, 27 (4 lots). The Planning Board denied a Special Use Permit Application on May 18, 2023. Requesting an Area Variance to construct 12,480 sq. ft.

retail store, 2,480 sq. ft. (24.8%) over maximum of 10,000 sq. ft. (ZL Sections 620.3 and 420 Schedule A).

Chairman Pavelock summarized the purpose of this new business. Mr. Styles and an associate from the Broadway Group provided a summary of the site plans explaining the reasoning for a 12,480 SF building for a Dollar General retail store. The ZBA noted that normally these stores are 8,000-9,000 SF and the need for a larger building has not been reported to shareholders according to SEC reports. The applicant explained that they no longer build the smaller structures. The plan is for 10,089 SF for the storefront with the remainder for a storeroom and break room. There are 64 parking spots planned in accordance with the town Zoning law. The applicant further explained that the study conducted produced metrics indicating a need for a larger sized retail. The ZBA asked if the applicant could get away with a smaller building. The 3–5-mile radius study indicates that this community would benefit from a 10,184 storefront. The applicant stated they would provide the metrics at the next meeting. The board also asked about possible competition with the Dollar General located in Sylvan Beach (approximately 5 miles from the proposed new Dollar General. The applicant stated that it would have no impact on the existing store.

Var2023-01 (cont.)

The ZBA explained the process including scheduling a public hearing and having up to 62 days following the public hearing to act on the application.

Josh O’Kay made a motion to accept the application as complete and to hold a public hearing. Seconded by Amanda Hewitt. Poll Vote: Josh O’Kay – Aye, Amanda Hewitt – Aye, John Pavelock – Aye, Mike Taylor – Aye, Vacancy – n/a. Motion Carried.

John Pavelock made a motion to hold the public hearing for Var2023-01 on July 26, 2023 at 6:40 pm with the public meeting starting at 6:30 pm. Seconded by Amanda Hewitt. Poll Vote: Josh O’Kay – Aye, Amanda Hewitt – Aye, John Pavelock – Aye, Mike Taylor – Aye, Vacancy – n/a. Motion Carried

Having no other business before the board, John Pavelock made a motion to adjourn, seconded by Josh O’Kay. All in favor. Motion Carried at 7:00 PM.

Minutes Prepared by: Kathy M. Pavelock /s/ ZBA Secretary