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Home My WebLink About6-1-2020 Planning Board Meeting Minutes ApprovedPage 1 of 7 TOWN OF VIRGIL PLANNING BOARD Minutes of Public Hearings & Regular Meeting - Monday, 1 June 2020 – 7 PM Town Hall – 1176 Church Street – Virgil, NY 13045 Board Members (*absent) Others Present Jeffrey Breed, Chairman Joan Fitch, Board Secretary Carole Lathrop Patrick Snyder, Town Attorney *Ann Howe Adam Brown, Town Zoning Officer Mark Baranello *Dale Taylor *Denise Schulze, Alternate Applicants & Public Present Danielle Beebe for Richard Beebe, Applicant; Christopher Larkin, Applicant; Wes Kryger for Greek Peak Holdings, LLC, Applicant; John Kaminski, Town Supervisor; Jereme Stiles, Deputy Town Supervisor. The Public Hearings were opened at 7 p.m. by Chairman Jeffrey Breed with the Board Secretary reading aloud the Legal Notice as published in the Cortland Standard on 26 May 2020. Proof of Publication has been placed on file for the record. PUBLIC HEARING #1 Edward Robinson, Applicant/Scott & Lisa Snyder, Reputed Owners – 1656-1659 O’Dell Road – TM #137.00-01-15.000 – Minor Subdivision The applicant, who was present via telephone, explained to the Board that he would like to subdivide 13.858± acres of the subject property to be consolidated with the adjacent property as part of the Finger Lakes Trust. There will be no development on this property. Chairman Breed asked if there were any Board questions or public comments regarding this request; there were none. With everyone having been heard who wished to be heard, Chairman Breed closed the Public Hearing at 7:07 p.m. PUBLIC HEARING #2 Richard Beebe, Applicant/Reputed Owner – 1229 NYS Route 392 – TM #126.14-01-35.210 – Conditional Permit – Livestock in Neighborhood Residential District Chairman Breed recognized Danielle Beebe, representing the applicant who was seeking a Conditional Permit to house chickens, two ponies, and goats in a contained area on the subject property which contains less than five acres of land and is in a Residential District. A Conditional Permit is required for the keeping of livestock on any parcel smaller than five acres in size. Chairman Breed asked if there were any Board questions or public comments regarding this request; there were, as follows: John Kaminski – Town Supervisor – They have had chickens running all over the place. They can’t keep their animals on the property. The Sheriff’s Department has been there. They are not good stewards of the property. There should be a condition that if any animals get out of the containment area, then the conditional permit should be revoked. (T) Virgil Planning Board –Minutes of Public Hearings & Regular Meeting 1 June 2020 Page 2 of 7 Danielle Beebe responded to Supervisor Kaminski’s comments by saying that they have done everything they can to remedy the situation and have constructed a fence to do so. However, stormwater runoff causes debris to pile up against the fence opening it up enough for the animals to escape. With everyone having been heard who wished to be heard, Chairman Breed closed the Public Hearing at 7:10 p.m. PUBLIC HEARING #3 Christopher J. Larkin, Applicant/Jeffrey & Martha Rhinehart, Reputed Owners – 917 NYS Route 392 – TM #135.00-02-01.000 – Minor Subdivision Chairman Breed recognized the applicant who was seeking approval to subdivide a 12.44± acre piece from this parcel and consolidate it with his adjoining parcel, TM #135.00-02-02.000, as shown on the map accompanying the application. Chairman Breed asked if there were any Board questions or public comments regarding this request; there were none. With everyone having been heard who wished to be heard, Chairman Breed closed the Public Hearing at 7:12 p.m. PUBLIC HEARING #4 Greek Peak Holdings, LLC, Applicant/Reputed Owner – 1856 NYS Route 392 – TM #127.00- 09-03.120 – Conditional Permit – Proposed Drive-In Movie Screen Chairman Breed recognized the applicant who was seeking a Conditional Permit to install a 16 ft. by 24 ft. movie screen on the side of the Adventure Center Building in order to hold outdoor movies, as shown on the photo accompanying the application. Mr. Kryger stated they have been operating a movie screen for the past three years, but would like it to be placed as aforestated and increase the parking from 50 vehicles to 200 vehicles. He said they had been contacted by trade schools, a church, etc. that would like to utilize this big screen. Chairman Breed asked if there were any Board questions or public comments regarding this request; there were none. With everyone having been heard who wished to be heard, Chairman Breed closed the Public Hearing at 7:15 p.m. REGULAR MEETING The Regular Meeting of the Town of Virgil Planning Board was called to order by Chairman Breed at 7:15 p.m. OLD BUSINESS – NONE (T) Virgil Planning Board –Minutes of Public Hearings & Regular Meeting 1 June 2020 Page 3 of 7 NEW BUSINESS Edward Robinson, Applicant/Scott & Lisa Snyder, Reputed Owners – 1656-1659 O’Dell Road – TM #137.00-01-15.000 – Minor Subdivision Chairman Breed acknowledged receipt of a 2/21/20 memo from Kevin Pagini, Planner, Cortland County Planning Department, which stated that it had been determined that the request is technically adequate and has no State- or County-wide impact, so the subdivision request was being returned to the Town of Virgil for their determination. Member Baranello noted that the subdivided parcel was to be consolidated with an adjacent parcel, as shown. Member Lathrop added that she was aware of the land trust and had no objection to the subdivision as proposed. At the request of the Chairman, the Board Secretary read aloud Part II of the Short Environmental Assessment Form. Negative responses were obtained to all questions in Part II. A motion was then made by Member Baranello that the action, based on the information submitted, will not cause any significant adverse environmental impact, resulting in a Negative Declaration. The motion was seconded by Member Lathrop, with the vote recorded as follows: Ayes: Chairman Breed Nays: None Member Baranello Member Lathrop Absent: Member Howe Member Taylor Motion carried. This becomes Action #7 of 2020. With no further discussion, a motion was made by Member Lathrop to approve the Minor Subdivision of land, as requested. The motion was seconded by Member Baranello, with the vote recorded as follows: Ayes: Chairman Breed Nays: None Member Baranello Member Lathrop Absent: Member Howe Member Taylor Motion carried. This becomes Action #8 of 2020. Richard Beebe, Applicant/Reputed Owner – 1229 NYS Route 392 – TM #126.14-01-35.210 – Conditional Permit – Livestock in Neighborhood Residential District Chairman Breed recognized the applicant’s representative, Danielle Beebe, who advised that water comes through their property from the Town every time it floods, even after installing a secondary fence last summer there to stop it. They had an issue with the flooding just three weeks ago. The Town, she stated has not alleviated the problem of flooding onto the property. From about 30 to 40 feet of fence is affected where the brush comes down with the water and piles up against the fence. She showed the Board members where the flooding occurred. Member Baranello commented that there have been animals there for many years. Member Lathrop stated there were only three acres. Adam Brown, Town ZEO, stated there was no “grandfathered in” that applied as there was a change in property owners and there were no animals her for a period of time. Attorney Snyder explained that if a use is abandoned for at least a year, it is no longer grandfathered. Chairman Breed asked if the applicant could increase the setback 10 to 20 feet more. Ms. Beebe responded if they did, it would not be on the subject property. Member Lathrop asked if the Town (T) Virgil Planning Board –Minutes of Public Hearings & Regular Meeting 1 June 2020 Page 4 of 7 was responsible for the flooding, and Ms. Beebe responded she did not know, but the flooding came down the road to her property from up above, and all the debris piled up against her fence. Attorney Snyder stated that this could be a landowner issue, a civil matter. Member Lathrop commented that no neighbors had appeared at the public hearing to complain about the situation, and Ms. Beebe responded that the neighbors were pleased with what they had done with the property and “like us.” Chairman Breed asked Ms. Beebe how many animals did they plan to have, and she responded they were not adding any more; they have twelve now, two ponies and ten goats. If the fence fails, she added, they end up in the neighbor’s yard. In response to Member Baranello’s question, Ms. Beebe showed the Board where the direction of flow was and from where the debris comes. She explained that it comes from behind the Historical Society and West State Road, and pointed it out on the map accompanying the application. Town Supervisor John Kaminski commented that the goats get in the road on Route 392 and the Sheriff was called three or four times. Good stewards, he stated, keep their animals in. “She admitted there are problems with the runoff … if she can’t fix the problem of keeping her animals in, that’s all I want is to keep her animals on the property. . . if she could fix the problem, that’s all I’m asking for. I’m not going after her, but she’s liable, if you give her a Conditional Permit, to keep on her property. That’s all I’m asking. So it’s up to you guys what you want to do, but I just don’t want to see her animals in the road.” He went on to say, “The problem can be fixed . . . I’m for people having animals.” Supervisor Kaminski said that about every four years there’s a massive flood that catches all the rain from West State Road, goes down behind the fire station through Town. Member Baranello suggested a structure that might work there, and Supervisor Kaminski said “I’d build a better fence.” Chairman Breed asked Ms. Beebe if she could further reinforce the fence, and she responded that she will do what she can. She would have to do it herself and described to the Board what could be done, e.g., 6 ft. steel posts for more stability. Member Baranello thought it was possible to build a sturdier fence that would satisfy the situation; poles should be driven deeper into the ground, perhaps at least 42 inches. This could be inspected by the Code Enforcement Officer. Some kind of conditions should be imposed. The Board discussed a Conditional Permit and its composition; Attorney Snyder suggested they might want to consult County Soil & Water for their advice and come up with a plan. There are many services that might be of help at no cost. Deputy Supervisor Jereme Stiles suggested that Cornell Cooperative Extension also might assist the applicant. Chairman Breed also suggested that the Town Clerk may have some outreach information also. At this point in the discussion, Town Attorney Snyder suggested that the Board may want to postpone any action on this request in order to allow the applicant to obtain additional information. A motion was then made by Member Baranello to postpone the request for a Conditional Permit to allow chickens and livestock in a Neighborhood Residential District until the next regularly scheduled meeting of the Town of Virgil Planning Board. The motion was seconded by Member Lathrop, with the vote recorded as follows: Ayes: Chair Breed Nays: None Member Baranello Member Lathrop Absent: Member Howe Member Taylor Motion carried. This becomes Action #9 of 2020. (T) Virgil Planning Board –Minutes of Public Hearings & Regular Meeting 1 June 2020 Page 5 of 7 Christopher J. Larkin, Applicant/Jeffrey & Martha Rhinehart, Reputed Owners – 917 NYS Route 392 – TM #135.00-02-01.000 – Minor Subdivision Chairman Breed recognized the applicant who was seeking approval to subdivide a 12.44± acre piece from this parcel and consolidate it with his adjoining parcel, TM #135.00-02-02.000, as shown on the map accompanying the application. He advised that there would be no development of this property. Chairman Breed acknowledged receipt of a memo from Dan Dineen, Director of the Cortland County Planning Department, dated 13 May 2020, which stated that without consolidation of the two parcels, one would be landlocked; therefore, consolidation was recommended. Otherwise, the request was deemed technically adequate and the application was being returned to the Town for local determination. At the request of the Chairman, the Board Secretary read aloud Part II of the Short Environmental Assessment Form. Negative responses were obtained to all questions in Part II. A motion was then made by Member Lathrop that the action, based on the information submitted, will not cause any significant adverse environmental impact, resulting in a Negative Declaration. The motion was seconded by Member Baranello, with the vote recorded as follows: Ayes: Chairman Breed Nays: None Member Baranello Member Lathrop Absent: Member Howe Member Taylor Motion carried. This becomes Action #10 of 2020. It was noted by Chairman Breed that all neighbors of these properties had been notified of the public hearing. With no further discussion, a motion was made by Member Lathrop to approve the Minor Subdivision of land, as requested, conditioned upon the proposed 12.44±-acre parcel be consolidated with the adjacent Tax Map Parcel #135.00-02-02.000, if possible. Proof of consolidation shall be provided to the Town Code Enforcement Officer. If the parcels cannot be consolidated as one tax map parcel, then no applications will be made for residential building permits on such parcel. The motion was seconded by Member Baranello, with the vote recorded as follows: Ayes: Chairman Breed Nays: None Member Baranello Member Lathrop Absent: Member Howe Member Taylor Motion carried. This becomes Action #11 of 2020. Greek Peak Holdings, LLC, Applicant/Reputed Owner – 1856 NYS Route 392 – TM #127.00- 09-03.120 – Conditional Permit – Proposed Drive-In Movie Screen Chairman Breed recognized the applicant who was seeking a Conditional Permit to install a 16 ft. by 24 ft. movie screen on the side of the Adventure Center Building in order to hold outdoor movies, as shown on the photo accompanying the application. Mr. Kryger stated he was not sure why he was before the Board; they have been operating it for the past three weeks. CEO Brown explained that the proposed drive-in movie screen was a commercial issue that requires a permit. Attorney Snyder affirmed that drive-ins have to have a Special Use Permit according to the Town’s Zoning Law. (T) Virgil Planning Board –Minutes of Public Hearings & Regular Meeting 1 June 2020 Page 6 of 7 Chairman Breed stated his only concern was that people driving by would be distracted. Member Lathrop brought up the concern with traffic possibly queuing up on the road. Mr. Kryger responded that they are making sure this does not happen and that there is plenty of distance provided to prevent this. He then elaborated on the precautions to be taken with regard to the current COVID-19 pandemic. Town Attorney Snyder mentioned that under the Town’s Zoning Law, Section 623, A, B and C, the conditions set forth therein need to be met. Mr. Kryger said they had been contacted by trade schools, a church, etc. that would like to utilize this big screen. They would also utilize other screens in their larger parking lot for large events like high school graduations, perhaps up to 200 vehicles. Member Lathrop then commented that Dan Dineen’s memo of 13 May stated the applicant’s request was for “a temporary Conditional Permit.” The public hearing notice was strictly to install a drive-in movie screen. Chairman Breed then read aloud the Cortland County Planning Department’s 13 May 2020 memo, signed by Dan Dineen, Director, which stated that “as long as the application is for a temporary conditional permit and that any permanent application for this use is resubmitted to the County Planning Board for review and as long as the applicant has County Health Department approval for the food service associated with the temporary drive-in theater, that the request is technically adequate and has no State- or County-wide impact.” Therefore, the application was returned to the Town for local determination. At the request of the Chairman, the Board Secretary read aloud Part II of the Short Environmental Assessment Form. Negative responses were obtained to all questions in Part II. A motion was then made by Member Lathrop that the action, based on the information submitted, will not cause any significant adverse environmental impact, resulting in a Negative Declaration. The motion was seconded by Member Baranello, with the vote recorded as follows: Ayes: Chairman Breed Nays: None Member Baranello Member Lathrop Absent: Member Howe Member Taylor Motion carried. This becomes Action #12 of 2020. With no further discussion, a motion was made by Member Baranello to approve the Conditional Permit for the proposed Drive-In Movie Screen, as requested, adhering to those conditions contained in the Cortland County Planning Department’s memo dated 13 May 2020, and compliance with Section 623 A, B and C of the Town of Virgil Zoning Law pertaining to traffic control. The motion was seconded by Member Lathrop, with the vote recorded as follows: Ayes: Chairman Breed Nays: None Member Baranello Member Lathrop Absent: Member Howe Member Taylor Motion carried. This becomes Action #13 of 2020. (T) Virgil Planning Board –Minutes of Public Hearings & Regular Meeting 1 June 2020 Page 7 of 7 APPROVAL OF MINUTES – 24 FEBRUARY 2020 A motion was made by Alternate Member Lathrop to approve the (T) Virgil Planning Board Minutes of 24 February 2020, as submitted. The motion was seconded by Member Baranello, with the vote recorded as follows: Ayes: Chairman Breed Nays: None Member Baranello Member Lathrop Absent: Member Howe Member Taylor Motion carried. This becomes Action #14 of 2020. ADJOURNMENT At 8:50 p.m., a motion was made by Member Lathrop, seconded by Member Baranello, to adjourn the meeting. All Board members present voted in the affirmative. Joan E. Fitch Draft emailed to Town Clerk, Bd. Members, Emailed to Town Supv., Town Clerk, Town Attorney, CEO & Planning Board Secretary Atty. & CEO on 6/16/20. Approved as corrected on 6/22/20.