MINUTES
Town of Vienna
Planning Board (PB) Regular Meeting April 18, 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, and Bill Shaughnessy. Dave Gigon and Martha Link were unable to attend. There is one vacancy on the board.

Others: Several applicants and residents.

Liaison Darrin Smith and Codes/Zoning Officer (C/ZO) Reay Walker. Secretary Kathy Pavelock was unable to attend.

Minutes Approval:

A motion was made by Mike Piper, seconded by Orrin MacMurray to approve the March 21, 2024 regular meeting minutes. No discussion. Poll Vote:

Orrin MacMurray-Aye Bill Shaughnessy-Aye Dave Gigon - Absent Calvin Collins - Aye Vacancy- n/a

Correspondence:

Martha Link - Absent Mike Piper -Aye Motion Carried.

Chairman Collins noted the correspondence on this meeting's agenda as follows: Prepared and distributed letter of determination for SUP2024-01 Ice Cream Shop.

Received new applications SUB2024-02, SUB2024-03, Relot2024-03, and .SUB2024-04. Phone calls and emails with Carson Styles regarding a new business at 2379 NYS Rte 49 SUP2023-09.

Phone call from neighbor of proposed campground (SUP2024-02) asking about process.

Public Hearings: None Unfinished Business:

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. Applicant Carson Styles provided a summary of the proposed project which is to construct a 9100-sf building. A subdivision (SUB2024-04) application has also been submi tted. The board advised Mr. Carson that the four properties must be combined before action can be taken for the subdivision. The merging of properties may be done by the property owner by meeting with the Town Assessor. Since Broadway group is currently contracting with the property owner, Ed Lambrych must request the merger from the assessor. The board again advised Mr. Carson that the subdivision and special use permit may be pursued at the same time.

The board discussed the site plans previously distributed. It appears there are 3 lots rather than 2 lots on the plans. Septic needs to be researched. Mike Piper identified grinder pumps, lines, and a grease trap under the current building. Zoning/Codes Officer Walker briefly described state regulations related to septic. There is a well on the property, but the proposed Dollar General (DG) will use public water. Carson was asked to estimate water consumption.

The board asked about grading plans and if materials will be imported. Carson was not sure but he believes some will be needed. The board observed that cuts and fills are not balanced. There is a Stormwater Prevention Plan. This was submitted and the board will review

There will be 47 parking spaces. The lighting plan has not changed from the original plans. The board explained the lighting regulations in the town zoning law. A Lighting Plan will be provided if not already provided on CS. The dumpster area needs to have screening.

The board asked about vehicle and traffic analysis. Carson stated DOT has been contacted and they are working on permits. He stated that DOT did not state they had any issues with traffic patterns. The board asked that a letter form DOT on this matter would be good.

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The board requested elevations and exterior views as part of the site plan so the public can see the esthetics in a busy traffic area. Carson will also see if there is a similar DG in the area. Carson stated this store might have some fresh food ite ms, but it will not be a DG Market. He believes it will be different than the current DG in Sylvan Beach.

The applicant stated he has reviewed the Zoning Law. The board will review the new site plans distributed this evening against pages 30 and 31 of the Town Zoning Law.

The board advised the applicant to evaluate the effect of snowplowing on the parking lot layout. Need to figure out where to put the snow. This is not a planning board issue but rather an operational issue.

SUP2024-02 Dale Race (Hogan Engineering); 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.

Tim Hogan representing Dale Race, provided an overview of the proposed use 7954 Lewis Road. They are looking to build 6 cabins and provide 7 sites for RVs. Note this is updated from the 6 RV sites previously discusse d. One of the cabins is reserved for owner Dale Race. Tim provided larger drawings for the board. He also provided a special use permit checklist and regulatory correspondence (OCWA, DEC and Department of Health (DOH)).

The DOH requested a wastewater plan and Hogen will provide a copy to the board later. The DOH also requested a Handicap-Accessible Bath House for visitors. The plan is to place this near the pavilion . The DOH requested information on the wastewater system. Hogen will propose to monitor the discharge and use a holding tank in the RV area.

The DEC has approved the basic design and Hogen is working on a SPEDES permit. This project does not affect the wetlands. Exhibit Bin the handout shows 24'x20' cabins as simple drawings. This meets the zoning law of a minimum of 14' wide.

Hogan stated this is not in an Ag District. NOTE: it is within 500 feet of an ag district. On 4/29/2024 Secretary Pavelock notified the applicant that an Ag Data Statement is required.

This project once approved will require a town campground license.

The board briefly reviewed the SEQR and commented that the disturbance may be seriously underestimated (the board thinks 2 acres).

The nature trail should cover the requirement for the required 5% recreational area. The board asked that this be stated in the site plans. Other comments on the plans included NYS Code 7-5.8 for campsites requires minimum spacing and NFPA requires 25' setback for firepits. Zoning Law allows signs to be a maximum of 32-sf and height of 20' the current proposed sign of 6' x7' at a height of 22'exceeds the regulations. May need to check the lighting at exits it may exceed the candlelight maximum. The plan needs to consider visitor parking for RVs. Currently plans account for 2 cars for each of the cabins.

SUP2024-03 William Koenig; 218.000-1-30; 2969 NYS Route 49; Zone C; Construct 2 60' xl 00' commercial building to support Recreation Repair Business.

SUB2024-03 William Koenig; 218.000-1-30; 2969 NYS Route 49; Zone C; 2-lot subdivision for the purpose of one building on each lot.

Jeff Moore representing William Koenig presented the new subdivision application for this project. This will allow one building on each lot. The buildings will meet all setbacks and lot coverage requirement s. Both lots have access to the Recreational Business property next door. There are no wetlands. The North lot is currently vacant. There will still be some outside storage after the buildings are constructed. The planning board explained that there should be a special use permit for each parcel. Could wait until later to submit the second Special Use Permit application for when the second building will be const ructed . The special use permits will include requirements for maximum outdoor storage. The board explained signage and driveways .

The board reviewed the SEQR and ag data statement covering both the subdivision and special use permit. Bill Shaughnessy made a motion to declare a negative environmental impact for this project and to schedule a public hearing for May 16, 2024 at 7:10. Seconded by Mike Piper. Poll

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New Business:

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 I lot retaining the remainder of the 150 acres. Tom Winn described the proposed subdivision. This will allow separate taxable parcels with one building on each of the 5 lots and will meet setbacks. A private road will be provided to access all lots. They will confer with the town highway department to comply with town specifications in the event the private road is made public. Power will be provided underground. Will obtain 911 addresses for each lot. There are no wetlands. The anticipated timeframe is this year and all residences will be built at one time. Final plats will be provided for next meeting. Also, will need to submit a completed SEQR. Contact Secretary Pavelock for copies of the forms.

Relot2024-03 Local Gas, LLC (Moore Surveying); Application lists 217.017-1-57; 2090 Rte 49 is 217.017-1-59 and west parcel is 217.017-1-55; Zone HC/HR; Boundary line adjustment. Jeff Moore explained that a boundary line adjustment is needed for store parking on all on 1 parcel. The zone is mostly Hamlet Commercial with the rear Hamlet Residential. Mr. Moore reviewed all existing special use permits from 2019 and 2019. Since this is a Reallotment, no SEQR or Public Hearing is needed. Bill Shaughnessy made a motion to approve Relot2024-03. Seconded by Mike Piper. Poll Vote: Orrin MacMurray-Aye Bill Shaughnessy -Aye Martha Link-Absent

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

Chairman Collins sighed the plats. Jeff Moore will file the plats with the county.

Sketch Plan Reviews: None Other:

• Zoning Law updates - Orrin MacMurray commented there was nothing new to report. Bill Shaughnessy is concerned about NYS changing laws for Cannabis. The board believes we can limit the zones or areas for dispensaries and usage. It was reminded that we have received a notification for a dispensary. Chairman Collins reminded the board about the zoning law discrepancy where we allow 20,000-sf building for manufacturing but limit all buildings to a maximum of 10,000 sf.

  Public Comments:

• Darec Liebel thought he was to be on this evenings agenda to obtain "re-approval" of a subdivision that was approved in 2021 for his property. The plats were never filed. Darec will contact Secretary Pavelock to submit a new application for review at the May meeting.

• Tom Moore is concerned there is no action being taken on the revoked SUP2010-1. This subject has been brought to the board before and as recently as last month. The planning board stated again that they have no authority to reinstate a special use permit that was revoked by a codes officer. An Article 78 is the best course of action. It was also suggested that Mr. Moore talk with the town

board. Liaison Darrin Smith commented on the subject.

Next Meeting: May 16, 2024. Agenda items are due to the secretary by May 9, 2024.

Orrin MacMurray made a motion to adjourn, seconded by Mike Piper. Motion carried 9:26 pm.

Minutes prepared by:

Kathy Pavelock

Planning Board Secretary

(From notes taken by listening to digital recording from April 18, 2024)

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