MINUTES
Town of Vienna
Planning Board (PB) - Special Meeting August 9, 2023

Call to order: Chairman Calvin Collins called the meeting to order at 7:06 pm with a quorum present.

This special meeting was called by Chairman Collins due to a lack of quorum for the regular July 2023 Planning Board meeting.

Attendance:

Board Members: Calvin Collins, Bill Shaughnessy, Mike Piper, and Martha Link. Orrin MacMurray and Dave Gigon were unable to attend. There is one vacancy on the board.

Others: Secretary Kathy Pavelock and several applicants/residents. Codes/Zoning Officer (C/ZO) Reay Walker and the Town Board Liaison were unable to attend.

Minutes Approval:

A motion was made by Mike Piper, seconded by Bill Shaughnessy to approve the June 15, 2023, regular meeting minutes. Poll Vote:

Correspondence:

• Legal Notices submitted for three public hearings scheduled for July 20. And subsequently for the special meeting for August 9.

• Communicated with Jonathan Salinas to obtain the required Environmental Assessment form part 1. This was needed before submitting coordinated review.

• Submitted SUP2023-02 for review by Oneida County, NYS DEC, and NYS DOT.

• Received Solar presentation from Phil Amway. This was presented to some members on July 20 and copies of the presentations were distributed to all members.

• Forwarded SUP2023-02 review responses to applicant.

• Received new application SUP2023-05 2 residences on one parcel.

• Received an application from Rick Leos to fill the planning board vacancy. Supervisor Davis advised Secretary Pavelock to suggest to the planning board to invite Rick to the next regular meeting for the purpose of considering a recommendation to the Town Board.

Public Hearings (PH) and Unfinished Business:

7:10 PM PH SUP2023-02 Update Storage Facility; Jonathan Salinas; 2305 NYS Rte 49; 217.000-1-25.2, 25.3; Zone C; Applicant is proposing the addition of two buildings with 40 additional storage units.

Mike Piper made a motion to open the public hearing for SUP2023-02. Seconded by Martha Link. Poll Vote: Orrin MacMurray – Absent Bill Shaughnessy – Aye Martha Link – Aye

Dave Gigon – Absent Calvin Collins – Aye Mike Piper – Aye Vacancy – n/a Motion Carried at 7:12 PM.

There we no comments from the public.

Mike Piper made a motion to close the public hearing for SUP2023-02. Seconded by Bill Shaughnessy. Poll Vote: Orrin MacMurray – Absent Bill Shaughnessy – Aye Martha Link – Aye Dave Gigon – Absent Calvin Collins – Aye Mike Piper – Aye Vacancy – n/a Motion Carried.

The planning board discussed conditions that will be made a part of the letter of determination including the number of buildings, number of units, outdoor storage, lighting, hours of operations, landscaping and signage. Most of the same provisions in the last letter of determination will be carried forward with an update to the number of buildings (10), number of units (172), no outdoor storage, and access (6am-10pm gated only access unless specially requested and approved by management).

Town of Vienna Planning Board Meeting Minutes – August 9, 2023 Page 1

Bill Shaughnessy made the motion to approve the special use permit application for SUP2023-02 with the stipulations discussed. Motion was seconded by Martha Link. Poll Vote:

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

Secretary Pavelock explained the next steps including the preparation of a Letter of Determination, signed by Chairman Collins, distribution of the letter to the applicant/Codes Officer, and finally the applicant may contact the codes officer for obtaining building permits.

7:20 PM SUP2023-03 Co-location T-Mobile equipment on existing tower; Cullen Morgan, Agent for American Tower Corp (ATC); 7682 Widrig Rd; 214.000-1-22; Zone RR-2; Applicant is proposing colocation of T-Mobile equipment on an existing telecommunications tower.

Mike Piper made a motion to open the public hearing for SUP2023-03. Seconded by Martha Link. Poll Vote: Orrin MacMurray – Absent Bill Shaughnessy – Aye Martha Link – Aye

Dave Gigon – Absent Calvin Collins – Aye Mike Piper – Aye Vacancy – n/a Motion Carried at 7:25 PM.

There we no comments from the public.

Mike Piper made a motion to close the public hearing for SUP2023-03. Seconded by Bill Shaughnessy. Poll Vote: Orrin MacMurray – Absent Bill Shaughnessy – Aye Martha Link – Aye Dave Gigon – Absent Calvin Collins – Aye

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

Brenda again attended to represent ATC and provided an overview of the proposed project. ATC is planning to install new equipment on an existing tower, thereby adding a third carrier (T-Mobile). The planning board asked if the structure was able to handle the additional equipment. Brenda responded that a structural analysis was performed and a report was submitted with the application. The structure can handle the additional equipment. There will be a 10’x15’ Equipment Pad with canopy. This will be specified in the Letter of Determination in addition to the usual requirements to obtain all necessary permits from the codes officer and to bring any additional proposed changes to the planning board for approval.

Mike Piper made the motion to approve the special use permit application for SUP2023-03 with the stipulations discussed. Motion was seconded by Bill Shaughnessy. Poll Vote:

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

Secretary Pavelock explained the next steps including the preparation of a Letter of Determination, signed by Chairman Collins, distribution of the letter to the applicant/Codes Officer, and finally the applicant may contact the codes officer for obtaining building permits. Brenda explained that all materials for building permits were submitted previously. Brenda was advised that the applicant should contact the codes officer upon receipt of the Letter of Determination.

7:30 PM SUP2023-04 Short-term rental units; Buffy Messier; 7577 West Lake St; 217-017-1-13; Zone HR; Applicant is proposing a 2-unit short-term rental in an existing 2-story house.

Mike Piper made a motion to open the public hearing for SUP2023-04. Seconded by Martha Link. Poll Vote: Orrin MacMurray – Absent Bill Shaughnessy – Aye Martha Link – Aye

Dave Gigon – Absent Calvin Collins – Aye Mike Piper – Aye Vacancy – n/a Motion Carried at 7:42 PM.

There were no comments from the public.

Mike Piper made a motion to close the public hearing for SUP2023-04. Seconded by Bill Shaughnessy. Poll Vote: Orrin MacMurray – Absent Bill Shaughnessy – Aye Martha Link – Aye Dave Gigon – Absent Calvin Collins – Aye

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

Town of Vienna Planning Board Meeting Minutes – August 9, 2023 Page 2

Victor Messier was present to represent his wife, applicant Buffy Messier. The board summarized the conditions discussed at the last meeting including: they will offer 2-unit short-term rentals in an existing 2-story house using “Air B-n-B,” there will be a total of 4 bedrooms (2 for each unit), the units will be offered all year round, welcome a contingency on the permit that allows up to 30 days of continuous occupancy by one renter, the owner will set rules including a quiet time of 10 PM to 8 AM, they will provide 6 parking spaces with a minimum of 4 spaces off-street, there are existing porch lights, and will install a few small solar lights. The board asked that lighting be shielded downward.

Bill Shaughnessy made the motion to approve the special use permit application for SUP2023-04 with the stipulations discussed. Motion was seconded by Martha Link. Poll Vote:

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

Secretary Pavelock explained the next steps including the preparation of a Letter of Determination, signed by Chairman Collins, distribution of the letter to the applicant/Codes Officer, and finally the applicant may contact the codes officer for obtaining building permits.

New Business:

SUP2023-05 2 residences on single parcel; Michael O’Grady; 1393 NYS Rte 49; 235.005-2-1.1; Zone SR; Convert 2 existing 30’x40’ garages into two 2-bedroom homes.

Michael and wife Michelle explained that they had unofficially presented their plans on July 20 to the members in attendance. They provided an overview again for the board members present at this meeting. The question from the last presentation was if the property was subdividable. The zoning law requires that in order for their to be 2 residences on one parcel the parcel must be subdividable. Mr.

O’Grady explained how the property could be subdivided in the future. The most important factor is the unused road that borders the property is not abandoned and could provide the necessary road frontage for one of the parcels. Mr. O’Grady was asked to provide a Short Environmental Assessment Form Part 1. Upon receipt of the SEAF Part 1, the board completed parts 2 and 3.

Mike Piper made a motion to declare a negative environmental impact. Seconded by Bill Shaughnessy. Poll Vote: Orrin MacMurray – Absent 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 declare the application as complete and to schedule a public hearing for September 21, 2023 at 7:10 PM. Seconded by Bill Shaughnessy. Poll Vote:

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

A 239m review is required for this project.

Sketch Plan Reviews: None

Other: Future updates to the Zoning Law: The board briefly discussed reviewing the 10,000 SF limit for buildings. There is no update on the Cannabis moratorium.

Public Comments: None.

Next Meeting: August 17, 2023. Agenda items are due to the secretary by August 10, 2023. NOTE: Secretary Pavelock is unable to attend the meeting on August 17. Mike Piper offered to record and take notes for the meeting. Secretary Pavelock will prepare all items for the meeting.

Bill Shaughnessy made a motion, seconded by Martha Link to adjourn at 8:29 pm. Motion carried.

Minutes prepared by: Kathy M. Pavelock /s/ Planning Board Secretary

Town of Vienna Planning Board Meeting Minutes – August 9, 2023 Page 3