MINUTES

TOV Zoning Board of Appeals (ZBA) Special Meeting

July 26, 2023

Call to order: 2023 Chairman John Pavelock called the meeting to order at 6:31 pm.

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. Applicant Carson Styles and several residents. Zoning/Codes Officer Reay Walker was unable to attend.

Minutes Approval:

Amanda Hewitt made a motion to approve the minutes for the June 28, 2023, ZBA Special Meeting with one correction (“SCC” updated to “SEC). 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:

• Submitted legal notice for July 26 Public Meeting and Public Hearing.

• Communicated by phone with applicant Carson Styles and landowner Ed Lambrych. Also communicated with Town Assessor regarding any buildings greater than 10,000 SF. Provided a memo of correspondence to the ZBA containing information from these communications.

While awaiting the scheduled time of the Public Hearing, applicant Carson Styles provided an overview of the project and VAR2023-01. The Broadway Group is proposing 12,480 SF building for a Dollar General retail store. The plan is for 10,089 SF for the storefront with the remainder for a storeroom and break room. As requested at the last ZBA meeting, Mr. Styles is unable to share the metrics from the 3–5- mile radius study indicating that this community would benefit from a 10,184 storefront. He further explained that a 12,000 SF store front produces $450,000 in sales over a 10,000 SF store front. The larger store also provides the opportunity for more home goods, produce, and fresh meat.

Chairman Pavelock provided instructions on conduct for the public hearing including emphasizing the purpose of the public hearing is to hear comments related to the pros and cons of granting a variance. Comments related to the specific type of retail business should be shared with the Town Planning Board. The role of the ZBA is to consider variances from the Town Zoning Law. The Planning Board considers special use permits.

Public Hearing/Unfinished Business:

6:40 PM VAR2023-01 Broadway Group Carson Styles; 2374 NYS Rte 49 at NYS Rte 13; 217.000-2-24,25,26,27 (4 Lots). Requesting an Area Variance to construct 12,480 SF retail store, 2,480 SF (24.8%) over maximum of 10,000 SF (ZL Sections 620.3 and 420 Schedule A).

Amanda Hewitt made a motion to open the Public Hearing for VAR2023-01. 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 at 6:42 PM.

Secretary Pavelock read a letter received from Crystal Luce, Senior Director, Public Relations, Dollar General Corporation. A copy of the letter is included in the VAR2023- 01 files. The letter promoted the building of a Dollar General Store. There was no indication in the letter of for or against granting a variance.

Geri Harp – Against granting a variance. She is concerned with additional traffic and the effect on the Dollar General located 2 miles south in Sylvan Beach. Mr. Styles stated that the metrics show that the proposed store is sustainable.

Kay (last name unreadable) – Against granting a variance. She is concerned with additional traffic and the effect on the Dollar General located in Sylvan Beach.

Robert Barnes – Against granting a variance. The applicant has not provided any justification as to the need.

Edward Lambrych – For granting a variance. The lot(s) are big and could handle a large building. He feels this project will be an improvement to the town.

Bill Parkin – Against granting a variance. This project does not align with the Town’s Comprehensive plan. A large retail building is contrary to keeping the Town of Vienna “rural.” This business will hurt already established businesses.

Heather Lewis – Against granting a variance. She is concerned with additional traffic and the effect on established businesses. She feels that current Dollar General stores in Sylvan Beach and Camden are not managed well.

Mike Piper - For granting a variance. The applicant has provided accurate plans. The

$454,000 additional revenue from a large retail store would help the town with our expenses. He sees the need for a larger meat department.

No other public comments were offered at this meeting.

Mr. Styles provided some additional information. Dollar General currently designs two buildings. One is 10,600 SF and the other is the proposed 12,480 SF. He pointed out that the proposed building would not be as tall as the existing Cell Electric building.

The board clarified that the Zoning Law limits the footprint to 10,000 SF. The Cell Electric building has exactly a 10,000 SF footprint. The board would like to see justification for the additional SF footprint. So far there has not been any concrete information provided to answer the question, “Why the need for a larger store?”

Josh O’Kay made a motion to enter into Executive Session. Seconded by Mike Taylor. Poll Vote: Josh O’Kay – Aye, Amanda Hewitt – Aye, John Pavelock – Aye, Mike Taylor – Aye, Vacancy – n/a. Motion Carried at 7:06 PM.

Upon returning from Executive Session, the board realized that they did not have the proper reason to enter into Executive Session. Member Amanda Hewitt took minutes from this and are provided as an attachment.

Mr. Styles requested that the ZBA provide him with additional time to obtain the requested justification. Chairman Pavelock explained that the ZBA has 62 days following the public hearing to take action on an application.

Josh O’Kay made a motion to adjorn the public hearing and table the decision on this application until the next ZBA meeting to allow Mr. Styles to gather additional information. Seconded by Amanda Hewitt. Poll Vote: Josh O’Kay – Aye, Amanda Hewitt

– Aye, John Pavelock – Aye, Mike Taylor – Aye, Vacancy – n/a. Motion Carried.

Amanda Hewitt made a motion to set the next ZBA meeting for August 23, 2023 beginning at 6:30 pm. 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 7:31 PM.

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

Addendum: Executive Session minutes (taken by Amanda Hewitt)

The ZBA members discussed the basis for their action on this application. In general, the members feel the applicant did not give any of the information requested, we do not want to set precedence, there was not enough “hardship” information provided, and approving this variance does not maintain the desires in the master plan (maintain a rural atmosphere). At this point in time, the ZBA feels that based on the information provided we cannot justify a variance for 2400 SF. The applicant may apply to the Planning Board for a special use permit with a building that meets our Zoning Laws.