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8-15-2024-planning-board-minutes

MINUTES
Town of Vienna
Planning Board (PB) - Regular Meeting August 15, 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, Dave Carpenter, and Martha Link (7:08). Dave Gigon was unable to attend.

Others: Secretary Kathy Pavelock, Liaison Jason Lamb and Darrin Smith, several applicants, and residents. Codes/Zoning Officer (C/ZO) Reay Walker. was unable to attend.

Minutes Approval:

A motion was made by Mike Piper, seconded by Bill Shaughnessy to approve the August 1, 2024 special meeting minutes. No discussion. Poll Vote: Orrin MacMurray – Aye

Bill Shaughnessy – Aye Martha Link – absent for this vote Dave Gigon – absent Calvin Collins – Aye Mike Piper – Aye Dave Carpenter – Aye Motion Carried.

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

  • Responded to a FOIL on SUP2024-02.

  • Coordinated vacancy recommendation from Planning Board to Town Council.

  • Received two new applications (SUP2024-05 and SUB2024-08).

  • Updated contact list with new member Dave Carpenter.

    Public Hearings: None Unfinished Business:

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

    Provide (6) cabins and (7) RV spaces covering 3.7 acres with public water and subsurface wastewater disposal. Tim Hogan provided a written response to the issues brought up at previous meetings. Highlights of the response include:

    • Due to the property being private land the applicant contends that a marked trail is not needed and that they meet the 5% requirement for recreation.

    • The DEC stormwater permit application is complete. Tim will drop off related documentation.

    • The Topo is done. The board requested that it be incorporated into the site plan.

    • The applicant contends that they meet the setbacks for the utility building as an accessory structure. The board stated that according to the zoning law definitions, the utility building is not an accessory structure. Setbacks from the ravine will remain as previously proposed.

    • The applicant believes that posted signs and natural screening along property line would be more appropriate than fencing.

    • Mr. Hogan stated he believes that the proposed campground is less obtrusive than other permitted uses in the zone. The board did not necessarily agree with the statement.

    • The owner is proposing a virtual office much like is done for Air-B&Bs with a maintenance person available and 15 minutes away.

    • The surveyor will re-stake the property lines.

    • There will be a note on the site plans for the dumpster.

    • The cabins will be available all year and the RV sites will be available April-November.

    • The unnamed stream is a Class C stream.

      The board pointed out that the applicant needs to read and understand the Campground licensing/permits in the zoning law.

      Mr. Hogan announced that the property owner would like to change the site plans to do away with the RV sites and add another cabin. This will allow space for boat trailers and other parking. The updated site plan will have less impact to the neighbors. The board discussed the significant change in plans.


      Town of Vienna Planning Board Meeting Minutes – August 15, 2024 Page 1

      Orrin MacMurray made the motion to suspend the current project due to the significant site plan changes. Seconded by Dave Carpenter. No discussion. Poll Vote: Orrin MacMurray – Aye

      Bill Shaughnessy – Aye Martha Link – Aye Dave Gigon – absent Calvin Collins – Aye Mike Piper – Aye Dave Carpenter – Aye Motion Carried.

      Mr. Hogen will prepare the updated site plans and present them to the board at the next meeting.

      SUB2024-04/ SUP2023-09 Broadway Group (Carson Styles); 2 lots from 4 lots at corner of Routes 49/13; and Special Use Permit for a new business and construction of a 9,100 sf building on one of the resulting 2 lots. The planning board must take final action by 10/2/2024. Carson Styles provided an updated subdivision plat clarifying the merge and subdivision. He also responded to the comments from the August 1 meeting.

      • Proof of approved driveway locations from DOT was provided with a copy of an email.

      • He is coordinating with the fire departments (Vienna, North Bay, Sylvan Beach, McConnellsville) who are currently reviewing the site plans.

      • 4 sets of shutters will be put on the outside of the building for aesthetics.

      • No comments were received from the DEC from the 239m review. They will comply with the SWPPP and the final action will include a condition that all necessary permits are obtained.

        The board asked if the fire hydrant needed to be moved. Carson explained that yes it did need to be removed. The developer will coordinate with OCWA to move the hydrant.

        Dave Carpenter made a motion to approve subdivision SUB2024-04. 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 Dave Carpenter – Aye Motion Carried.

        Property owner Ed Lambrych and Chairman Collins signed the final plats. Secretary Pavelock will file the plats The applicant will submit to the town clerk the fees for tax searches and filing ( town law stipulates it is the applicants responsibility to file the plats.

        Orrin MacMurray made the motion to approve special use permit SUP2023-09 with the following conditions:

    • Any recommendations received from fire departments will be incorporated into the site plan.

    • Any and all permits shall be obtained from the state, county, and/or town.

    • Any significant changes to site plans must be brought to the planning board prior to implementation.

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

Motion was 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 Dave Carpenter – Aye Motion Carried.

New Business:

SUP2024-05 Verizon Wireless (Scott Olsen); 180.000-1-65; Zone RR3; Installation and operation of new personal wireless service communications facility (cell tower) at 8769 Marsh Road. Owners Allan and Susan Brooks. James LaValle representing the applicant provided an overview of the proposed 195’ tower on Marsh Road they call Elpis Rd Tower. This is an allowed use in the zone and they plan to meet all setbacks. The board asked for a decommissioning plan which is not currently provided in the information packet. No lights are needed for towers under 200’. The tower is collapsable. The board discussed a possible condition of making the tower available to other providers. The board reviewed the Full Environmental Assessment form (EAF) part 1 and completed parts 2 and 3. Mike Piper made the motion to take on lead agency, declare a negative environmental impact, and schedule a public hearing for September 19, 2024 at 7:10 pm.

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 Dave Carpenter – Aye

Motion Carried.


Town of Vienna Planning Board Meeting Minutes – August 15, 2024 Page 2

New Business (continued):

SUB2024-08 North Shore Prop. Maint. Car wash (Jeff Moore); 217.000-2-20.2; Zone C;

2-lot subdivision at 7590 NYS Route 13; Acreage 4+/-. Jeff Moore representing the property owner, provided an overview of the proposed subdivision. This is a 2-lot subdivision with about 2 acres for each lot. The board reviewed the preliminary plat and the Short EAF part 1 and completed parts 2 and 3. Dave Carpenter made the motion to be lead agency, declare a negative environmental impact, and to schedule a public hearing for September 19, 2024 at 7:20 pm. 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 Dave Carpenter – Aye Motion Carried.

Sketch Plan Review:

Mike Piper explained that he is going to be applying for a subdivision of his property. He was reminded that to be on the agenda for September, he must submit a paid application by September 12, 2024.

Other:

  • Jeff Moore discussed a proposed rewording for the special use permit SUP2010-1 conditions. This special use permit was revoked in 2018 and reinstated in August 2024. The board asked Jeff to provide his recommendation in writing. The board will consult with the town attorney to determine the process required of the planning board to modify the special use permit conditions and review the proposed rewording.

  • There are no updates on the recommended changes to the Zoning Law.

  • Secretary Pavelock received notification from the Town Clerk about updating the fee schedule. Included in this 2013 fee schedule are the application fees for special use permits and subdivisions. After discussion the board by consensus, agree that a 25% increase should be recommended to the town board for special use permits. Liaison Smith stated he would like to see comparisons from other towns of their fees. Secretary Pavelock will research that information. Dave Carpenter offered to assist.

    Public Comments:

  • Rick Mansfield commented that the airstrip related to SUP2010-1 is not active. The board stated that they have a letter from the Zoning Officer that the special use permit is reinstated.

  • Amanda Sasenbury asked for a copy of the new site plan for SUP2024-02 when it is provided to the town. Secretary Pavelock will let her know when it is available.

Next Meeting: September 19, 2024. Agenda items are due to the secretary by September 12, 2024. Bill Shaughnessy made a motion to adjourn, seconded by Mike Piper. Motion carried 9:50 pm.

Minutes prepared by:


Kathy Pavelock

Planning Board Secretary


Town of Vienna Planning Board Meeting Minutes – August 15, 2024 Page 3