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Home My WebLink About06-22-2020 Planning Board Agenda PacketTOWN OF VIRGIL PLANNING BOARD MEETING & PUBLIC HEARING June 22, 2020 7:00 PM AGENDA Mailing Address: 1176 Church Street Cortland, NY 13045 Board Members: Jeffrey Breed, Carole Lathrop, Anne Howe, Mark Baranello, Dale Taylor, Alternate Denise Schulze AGENDA Monday June 22, 2020- 7:00 PM- 7:00 PM CALL MEETING TO ORDER AND PUBLIC HEARING TO ORDER Legal Notice- Public Hearing for Greek Peak Holdings OLD BUSINESS: 1. Applicant: Richard Beebe Property Owner: Richard Beebe Property Location: 1229 Route 392 Tax Map No.: 126.14-01-35.210 Zoned: NR Land owner is applying for a conditional use permit to have chickens and livestock (horses & goats) on premises. The district is currently zoned neighborhood residential. Application for a Conditional Use Permit-Beebe Application for a Site Plan Review-Beebe General Municipal Law- Beebe Short Environmental Assessment Form Part 1-Beebe County's Response to Beebe NEW BUSINESS: Applicant: Greek Peak Holdings Property Owner: Greek Peak Holdings Property Location: 1855 Rte. 392 Tax Map No.: 127.00-09-03.110 Zoned: C Land owner is applying for a minor subdivision and a Conditional Use Permit to install a camp ground. A portion of 127.00-09-04.000 will be consolidated with 127.00-09-03.110 and a portion of 127.00-09- 03.110 will be consolidated with 127.00-09-04.00 (see survey map with boundaries and acreage) Greek Peak Campground Survey Map of Consolidated Parcels(1) Greek Peak Campground Subdivison(1) Greek Peak Campground Site Plan Application(1) Greek Peak Campground Site Map 5192020 Greek Peak Letter from the County GML to County Planning APPROVAL OF MINUTES a.Draft of Planning Board minutes dated June 01, 2020 Draft 6-1-2020 PB Meeting Minutes OTHER MATTERS ADJOURNMENT 06/17/2020 Copy: ZBA Members ZBA Secretary Town Attorney Town CEO Town Supervisor Deputy Town Supervisor LEGAL NOTICE TOWN OF VIRGIL 1176 CHURCH STREET CORTLAND, NY 13045 NOTICE OF PUBLIC HEARING OF THE VIRGIL PLANNING BOARD The Town of Virgil Planning Board will hold a Public Hearing on Monday June 22, 2020 at 7:00 PM. Greek Peak Holdings is applying for a conditional use permit to install a campsite and for a minor subdivision for portions of tax map 127.00-09-04.000 and 127.00-09-03.110. Both properties are owned by Greek Peak Holdings and are located at 1855 NYS RTE 392, Cortland, NY 13045. The Public Hearing will be held on June 22, 2020 at 7:00 PM at the Virgil Town Hall 1176 Church Street, Virgil, NY 13045. Any member of the public maybe heard for or against this project. To view the full agenda, go to www.virgilny.org on the more tab, look for the planning board page you will find the agenda at the bottom of the page. If you wish to comment you may do so in person, we will be practicing social distancing and you must wear a mask. You can also comment in writing to townclerk@virgilny.org on or before noon of June 22, 2020. Contact Virgil Town Clerk Alane Van Donsel at 607-835-6174 ext#2 or 607-749-0038 with any questions. Alane Van Donsel Virgil Town Clerk C:\General Cadd 5\Gxd\JOBFILES\GREEK\AU045-CAMP.gxd -- 05/15/2020 -- 01:54 PM -- Scale 1 : 2400.00 0+000+501+001+502+002+503+003+504+004+505+001369136813671370137513801385139013711372137313741376137713781379138113821383138413861387138813895+5013661365136913681367137013751380138513901371137213731374137613771378137913811382138313841386138713881389136613651364136313621361136013641363136213611360136913681367137013751380138513901371137213731374137613771378137913811382138313841386138713881389139113921393139413951396139713661365C HAMMER HEADL1383.61377.2 PROPOSED ROAD GRADEC 0+000+501+001+502+002+503+003+504+004+505+001369136813671370137513801385139013711372137313741376137713781379138113821383138413861387138813895+506+00136613651369136813671370137513801385139013711372137313741376137713781379138113821383138413861387138813891366136513641363136213611360136413631362136113601387.1 1386.9 1386.3 1385.5 1384.2 1383.2 1382.8C -C ROADS C & DL1383.38+/-LC -C ROADS C & DL1383.38+/-LEXISTING GRADEPROPOSED ROAD GRADEC -C ROADS B & CL1386.32+/-LEXISTING GRADEPROPOSED ROAD GRADEC -C ROADS B & DL1381.05+/-LER 1381.0 +/- 1381.1 1385.8 1384.5 1383.1 1379.9 1380.4 1383.4 ER 1386.27 +/-STA. 491.63STA. 580.300+000+501+001+502+002+503+003+504+004+505+00136913681367137013751380137113721373137413761377137813795+506+001366136513691368136713701375138013711372137313741376137713781379136613656+501372.21369.91372.01370.0 C N.Y.S. RTE. 392L1373.1 1375.4 1377.2 1377.6 EXISTING GRADEPROPOSED ROAD GRADE2+003+004+000+001+001372.2 1372.0 C N.Y.S. RTE. 392LSTA. 1+ 45.6LC ROAD " C "LC ROAD " D "LEND OF ROAD " B "1388.4 0+501+502+503+50136913681367137013751380138513901371137213731374137613771378137913811382138313841386138713881389139113921393139413951396139713661365C STA. 1+ 45.6L1"=50'DATE:SCALE:DRAWN:JOB:SHEET:No. Date Description R E V I S I O N S GOODRICH HILL ROAD , LOCKE N.Y. 13092 607 423-1919 SYM. GREEK PEAK RESORT PEAK RESORTS INC. 2000 STATE ROUTE 392 CORTLAND, N.Y. 13092MAY, 2020MBST-27/20/11ROAD PROFILES 0+000+501+001+502+002+503+003+504+004+505+001369136813671370137513801385139013711372137313741376137713781379138113821383138413861387138813891391139213935+506+001394139513961397136613651369136813671370137513801385139013711372137313741376137713781379138113821383138413861387138813891391139213931394139513961397136613656+507+007+508+008+509+001364136313621361136013641363136213611360SANITARY SEWER PROFILE ( 2.5" FORCE MAIN ) : VERT.= 10x HOR.SANITARY SEWER PROFILE : VERT.= 10x HOR.0+000+501+001+502+002+503+003+504+004+505+005+506+00136913681367137013751380138513901371137213731374137613771378137913811382138313841386138713881389136613651364136313621361136013691368136713701375138013851390137113721373137413761377137813791381138213831384138613871388138913661365136413631362136113606+507+007+508+008+509+009+5010+00NOTE: L.F. IS FROM C TO C OF M.H.'S ,GRADES ARE FROM INSIDE WALL TO INSIDE WALL OF M.H.'SLL13981399139813990+000+501+001+502+002+503+003+504+004+505+001369136813671370137513801371137213731374137613771378137913815+506+0013661365136913681367137013751380137113721373137413761377137813791381136613656+507+007+508+008+509+001364136313621361136013641363136213611360WATER SERVICE PROFILE ( 3" PVC ) : VERT.= 10x HOR.1359135813571356135513591358135713561355ST-3MBMAY, 20201"=50'CORTLAND, N.Y. 13092 2000 STATE ROUTE 392 PEAK RESORTS INC. GREEK PEAK RESORT Description R E V I S I O N S No. Date SYM. 7/20/11 GOODRICH HILL ROAD , LOCKE N.Y. 13092 607 423-1919SCALE:DRAWN:JOB:DATE:SHEET: SEWER & WTAER PROFILES 12"CONCRETE PIPESSPECIAL BACKFILL MAT'LCONTRACT LIMIT FORCOMPRESSION CURB STOPUSE S.S. INSERTS WITHSWIVEL CLASS 35010' MIN.HORIZONTAL SEPARATIONWITH PIPE BEDDING MATERIAL PLACEDBACKFILL ENTIRE HYDRANT ASSEMBLYWATER ANDGAS TRANSMISSION MAINFINISH GRADETYPICAL VALVEWATER MAINTYPICAL SEPARATIONN.T.S.N.T.S.VERTICAL SEPARATIONEQUIDISTANT FROMOFFSET SEWER JOINTSSEWERVALVEWATER JOINTSSEWER18" MIN.HYDRANT AND VALVE ASSEMBLY(/%2:215,*+7ANGLE HYDRANT ASSEMBLYAT WEEP HOLEPIPE BEDDINGUSE SWIVEL X SWIVELCURB BOXRETAINER GLANDSTO CROWN OF PIPE- HAND TAMPFROM MAIN TO HEEL OF HYDRANT HYDRANT TEE5FT. MIN. COVERCOPPER WATER SERVICECTS PE TUBINGUSE S.S. INSERTS WITHCORPORATION STOPWATERMAINPLASTICCTS PE TUBINGTYPE "K" COPPERINSTALLED OR RELOCATEDA MAXIMUM PARTICLE SIZE OF 2 INCHESCONSISTING OF GRANULAR MATERIAL WITHOF BEDDING AND A 6-INCH LIFT OF COVERTUBING SHALL RECEIVE A 6-INCH LIFTCONTRACTOR SHALL OBTAIN REFERENCETIE MEASUREMENTS FOR EACH CURB BOXCONTRACT LIMIT FOROR SPECIAL BACKFILL MATERIALAPPROVED EXCAVATED MATERIALUNDISTURBED EARTHUNDISTURBED EARTH CONTACTS BELLS,GLANDS,OR FORMED SO THAT NO CONCRETE2. SIDES OF BLOCKS SHALL BE ALL TEES & ELBOWS1. INSTALL THRUST BLOCKS AT3. ALL CONC. FOR THRUST BLOCKSTO BE A MIN. OF 2500 P.S.I.REVEAL TOLERANCE ON AS NECESSARY TO ACCOMODATEADJUST BARREL LENGTHBREAK RING6" MAXIMUM TO GROUND LEVELBREAK RING FROM3" MINIMUM ANDREVEAL TOLERANCE ON BREAK RINGMAIN AS NECESSARY TO ACCOMODATEINCREASE DEPTH OF COVER ONVALVE5 FT. MIN. COVERMAINVALVE BOXBUFFALO STYLE MECHANICAL JOINT BY OPERATING NUT = 1/2" PENTAGON 1-41/2" PUMPER CONN. (NST) 51/4" VALVE OPENING OPEN TO LEFT 2-2 1/2" HOSE CONN. (NST)HORIZONTAL1.5'1.5'3.0'3.5'THRUST BLOCK DETAILSLDLDL6"8"10"12"2.5'3.5'3.5'4.0'1.5'1.5'2.5'3.5'2.0'2.5'3.0'4.0'1.5'2.0'2.5'3.0'TEETEEDWDDWWDLD3.0'3.5'4.5'5.0'1.0'1.5'1.5'2.0'1.5'2.0'2.5'3.0'1.0'1.0'1.0'1.5'12"10"8"6"N.T.S.2.0'2.5'3.0'3.0'5.0'5.0'5.0'5.0'2.0'2.5'3.5'3.5'4.0'4.0'4.0'4.0' BOLTS3.0'3.0'3.0'3.0'ELBOWSHORIZONTAL ALIGNMENT CHANGECONCRETEVERTICALNOTES:COMPACT AS SPECIFIEDAS SPECIFIED OR REQ'DSAND FOR COPPER SERVICESPIPE BEDDING MAT'L AS SPECIFIEDTYPICAL TRENCH DETAILCOMPACT IN 6" LIFTSCONCRETED USE PEA GRAVEL OR 4"IN 6" LIFTSPIPE BEDDINGCOPPER & PLASTIC PIPESSPECIFIEDMATERIAL ASMETAL &8"DIA.12".12"BELLDIA.APPROVEDMATERIAL, COMPACTOR PIPE BEDDINGGREATER THAN 3/4"EXCAVATED MAT.W/ NO STONESEXCAVATION BELOWSUBGRADEMAT'L. USEPIPE COVER 12"BELLCONCRETEUNDISTURBED EARTHL3' MIN.ELBOWUNDISTURBED EARTHDVERTICAL ALIGNMENT CHANGESLDCONCRETEW1/8" X 2 1/2" SST. STRAPELBOWCONCRETE3/4" X 18" STL. TIE RODSTIE RODSCONCRETEORIGINAL GRADESHEETING & BRACINGUNDISTURBED EARTHSTAINLESS STEEL STRAP1312"OR TOPSOIL & SEEDRESTORE PAVEMENT12"OPEN TRENCHSURFACE RESTORATIONPAYMENT LIMITSSHEETED TRENCHN.T.S.4"8"CONCRETEVARIESN.T.S.TYPICAL END OF MAIN CAP DETAILCURB BOXFINISH GRADEVALVEWATER MAINCAP W/ THRUSTBLOCKBLIND FLANGECONCRETE THRUST BLOCK5'-0" MIN. COVER REQ'D.FLUSHING HYDRANTN.T.S.2" DIAMETERCREEK BOT.5'-0"5'-0"EXIST. GRADEEXTENT OF FLEX- JOINT PIPE CLASS 56Description R E V I S I O N S No. Date SYM. 7/20/11 GOODRICH HILL ROAD , LOCKE N.Y. 13092 607 423-1919SCALE:DRAWN:JOB:DATE:SHEET:WATER DETAILS GREEK PEAK RESORT PEAK RESORTS INC. 2000 STATE ROUTE 392 CORTLAND, N.Y. 13092MAY, 2020N.T.S.MBST-4 (/%2:8"4" DR 11 PE 3408 1/8" PER FOOT MIN. SLOPE4" SDR 35 PVCROADWAY AREA4" SDR 35PVC.12"4"N.T.S.4" 8"3SUBGRADE1PAYMENT LIMITSSURFACE RESTORATION12"8"DISTURBED AREATOPSOIL & SEEDN.T.S.FINISH GRADETHREADED PVC CAPPVC RISER:<(39&(/%2:39&DIRECTION OF FLOWNOTE:DIAMETER VARIESN.T.S.5'-0" MIN.(/%2:6PVC RISERCLEANOUTN.T.S.DIAMETER VARIESNOTE:CLEANOUT(/%2:DIRECTION OF FLOW:<(39&PVC RISER75' (MAX. )BETWEEN CLEANOUTS4" CI.4x4 WYEELBOW4x4 WYEVENT CAPFIN. GRADEDIRECTION OF FLOWCLEANOUTN.T.S.4'-6" MIN. 18" MIN.WATERTIGHT SCREW CAPS3" VENT W/ SCREENLOCKABLE COVERNOTE:MAY BE SUBSTITUTED FOR PRECASTMFG. STD. SUMP & PUMP INTEGRAL UNITDETAILS SHOWN. VERIFY SUITABLITY W/ ENGINEER.SYSTEMS ONLY.AVAILABLE ON 200 & 230V527$7(',1,1&5(0(176ALARM LIGHT MAY BECONTROL PANEL, "NEMA 111"REQ'D FOR EXTENTIONSINTERMEDIATE BRACEFROM TOP OF BASIN.GREATER THAN 2' PROVIDED FOR DIST.GATE VALVE EXTENTIONBALL CHECK VALVELONGER THAN 10'-0"LOCKFIN. GRADEMIN.12"CABLE TO DIRECT BURYCONDUIT OR ADJACENT TO FUSE PANEL.IN BASEMENT OF HOUSE 2.5" GATE VALVEFLANGEHYDRAULICALLY2.5" PVC FORCE MAINSEALED DISCHARGE3'-0"HOPPER BOTTOMRECOMMENDED24"PUMP -ON LEVELJUNCTION BOXPANELLEVELPUMP -OFF2'-0" MIN.CONTROLTOP VIEW60" DIA.72" DIA.GUIDE RAILS:3/4" GALV. PIPEFOR RAILS 8'-0"AND UNDER.1 1/2" PIPE FOR RAILS OVER 8'-0"& PEDESTAL MOUNTING STAND REMOVED.W/ PUMP COVER, CONTROL PANEL(24' MAX.)(4' MIN.)BRACES REQ'D. FORGUIDE RAILS LONGERTHAN 15'-0"8" PVCEYE BOLT FOR LIFTINGALARM LEVELOR EQUIVALENT. TO BE LOCATEDN.T.S.SEALED MERCURY SWITCHEXP. LAG SCREWSOR ANCHOR BOLTS9"5/8" DIA.2 HOLESSEWAGE PUMP STATION CROSS-SECTIONAUTOMATIC GRINDER PUMP ,LIBERTY LSGX 202A PUMP ,2 HP OR ENGINEER APPROVED EQUAL.Description R E V I S I O N S No. Date SYM. 7/20/11 GOODRICH HILL ROAD , LOCKE N.Y. 13092 607 423-1919SCALE:DRAWN:JOB:DATE:SHEET:SANITARY SEWER DETAILS PEAK RESORTS INC. 2000 STATE ROUTE 392 CORTLAND, N.Y. 13092 GREEK PEAK RESORTMAY, 2020N.T.S.MBST-5 Cut SectionFill Section2'3111/4" / FT.1/4" / FT.1/4" / FT.1/4" / FT.N.T.S.LC331NOTES:1. SEE TOWN SPECIFICATIONS FOR ROADWAYS ( NOT IN STATE RIGHT-of-WAY)2' MIN. TRAILER DUMP STATION DETAIL WATER HYDRANT INSTALLATION (NONACCESSIBLE) CAMPSITE SEWER DROP - SECTION VIEW ACCESSIBLE TRAILER DUMP STATION OVERALL LAYOUT40 - 60DEGREESR5'11'5' - 15'5'MINR25'20'9'12'MIN70'MIN.Description R E V I S I O N S No. Date SYM. 7/20/11 GOODRICH HILL ROAD , LOCKE N.Y. 13092 607 423-1919SCALE:DRAWN:JOB:DATE:SHEET:PEAK RESORTS INC. 2000 STATE ROUTE 392 CORTLAND, N.Y. 13092 GREEK PEAK RESORTMAY, 2020N.T.S.MBST-6 Description R E V I S I O N S No. Date SYM. 7/20/11 GOODRICH HILL ROAD , LOCKE N.Y. 13092 607 423-1919SCALE:DRAWN:JOB:DATE:SHEET:BATHHOUSE FLOOR PLAN CORTLAND, N.Y. 13092 2000 STATE ROUTE 392 PEAK RESORTS INC. GREEK PEAK RESORTMAY, 20201"=30'MBST-7 1 June 12, 2020 GML#127.00-07-12.000, 127.00-09-03.120 & 127.00-09-08.000 Town of Virgil Conditional Permit and Site Plan Review Greek Peak Holdings TO: Cortland County Planning Board FROM: Cortland County Planning Department ______________________________________________________________________________ This application for a conditional permit and site plan review is being referred to the Cortland County Planning Board pursuant to General Municipal Law 239M because the properties are located within 500 ft. of NYS Route 392. ______________________________________________________________________________ GENERAL INFORMATION Date Received: June 4, 2020 Applicant: Greek Peak Holdings 2000 NYS Route 392 Cortland, NY 13045 Status of Applicant: owner Requested Action: conditional permit and site plan review Purpose: to operate a 200 vehicle drive-in movie facility Location: south side of NYS Route 392, immediately west of the NYS Route 392/Clute Road intersection Size: 494.27± acres Existing Zoning: C (Commercial)/PUD (Planned Unit Development) Existing Land Use: Greek Peak and Greek Peak Adventure Center Surrounding Zoning: C (Commercial)/PUD (Planned Unit Development) and ARC (Agricultural/Residential/Commercial) 2 Surrounding Land Uses: N – Hope Lake Lodge and townhouses S – Greek Peak E – Trax Pub & Grill and Greek Peak Rental Shop W – Greek Peak Adventure Center Existing Regulations: Town of Virgil Zoning Law Article V-A - Zoning District Regulations Section 530 – Commercial District Section 550 – Planned Unit Development E. Permitted Uses 5. Recreational facilities (indoor or outdoor) Section 557 – Approval of PUD Preliminary Master Plan Article XIII - Site Plan Review Section 1304 – Planning Board Review of Preliminary Site Plan A. General Considerations Article XIV – Conditional Permits Section 1403 - Findings ANALYSIS - The applicant is requesting a conditional permit and site plan review to operate a 200 vehicle drive-in movie facility in the parking area for the Greek Peak Ski Center. The properties are located on the south side of NYS Route 392, immediately west of the NYS Route 392/Clute Road intersection, and are zoned C (Commercial)/PUD (Planned Unit Development). The proposed drive-in movie facility would be an expansion of an existing temporary 50 vehicle drive-in movie facility which was submitted last month to the County Planning Department for review. This proposal was returned for local determination with the stipulation that any proposed expansion of the facility would be required to be resubmitted with more detailed plans for review by the County Planning Board. The applicant is now requesting a conditional permit and site plan review to install a larger movie screen and expand the capacity of the drive-in movie facility to a maximum of 200 vehicles. Recreational facilities (indoor or outdoor) are permitted uses in a PUD. All subsequent development proposals within a PUD however require a conditional permit and site plan review. The site plan provided by the applicant shows that the entrance to the drive-in facility would be from an existing driveway along the south side of NYS Route 392 approximately 150 ft. west of the driveway entrance to Hope Lake Lodge. Vehicles would exit the site via an existing driveway directly across from the NYS Route 392/Clute Road intersection. The movie screen would initially be an inflatable screen before a 24 ft. by 40 ft. permanent screen is eventually built in its place. The screen would face east (towards the skiing parking lot) and would be setback approximately 350 ft. from NYS Route 392. 3 This is actually a different location than the existing drive-in facility as it would be located in a field between the Greek Peak Adventure Center and the Trax Pub & Grill/Greek Peak Rental shop building while the existing drive-in movie theater is located north of the Greek Peak Adventure Center in the parking lot between the Adventure Center and NYS Route 392. The location change is to accommodate the increase in the capacity of vehicles at the facility. Tickets for the drive-in would primarily be sold on-line with on-site purchase available until sold out. There would be a check-in tent along the entrance driveway setback approximately 120 ft. from NYS Route 392 to provide a queuing for approximately six vehicles waiting to access the facility. The applicant has indicated that check-in would happen quickly to ensure that there would be no back up of vehicles on NYS Route 392 waiting to access the site. It is recommended however that the NYS Department of Transportation (DOT) be consulted regarding access to the site and the queuing of vehicles as well as location/direction of the movie screen to insure that there would be no adverse impacts to traffic on NYS Route 392 from this proposal. The site would include 15 ft. wide one way traffic lanes for vehicles to access marked parking spaces with parked vehicles being spaced 8 ft. apart. Vehicles would exit the site via a 15 ft. wide one way driveway to the exit onto NYS Route 392 directly across from Clute Road. Concessions and restrooms are available in the Adventure Center building located behind the proposed movie screen. Food and beverages will be available for sale at the existing Adventure Center food counter. On-line ordering of food and beverages from the concession stand will be available. On-line ordering instructions include providing the parking space number of your vehicle to allow concessions to be delivered directly to your vehicle. The applicant has also provided a number of safety/social distancing/disinfecting standards to address public health concerns related to the COVID-19 pandemic. These measures include face coverings required for anyone entering the Adventure Center building, signs and markings to maintain 6 ft. social distancing standards within the building. There would also be a separate entrance to and exit from the building to maintain social distancing. Frequently touched surfaces (door handles, concession counter, bathrooms, etc.) will also be cleaned and disinfected regularly during times of customer access. It is recommended however that the County Health Department be consulted to address any issues related to the food service on site, social distancing requirements and cleaning/disinfecting guidelines. This proposal is considered an Unlisted Action under SEQR. The applicant has completed Part I of a Short Environmental Assessment Form. Parts II & III should be completed by the Town to determine if there may be any significant adverse environmental impacts as a result of the proposed use. RECOMMENDATION - 4 The staff recommends approval of this application for a conditional permit and site plan review to operate a 200 vehicle drive-in movie facility contingent upon the following: 1. that the NYS Department of Transportation (DOT) be consulted regarding access to the site and the queuing of vehicles as well as location/direction of the movie screen to insure that there would be no adverse impacts to traffic on NYS Route 392 from this proposal. 2. that the County Health Department be consulted to address any issues related to the food service on site, social distancing requirements and cleaning/disinfecting guidelines. 3. compliance with SEQR requirements. Prepared by: ______________________________ Daniel S. Dineen Director of Planning Page 1 of 7 TOWN OF VIRGIL PLANNING BOARD DRAFT 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 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. DRAFT (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 DRAFT (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 Member 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 five acres. Adam Brown, Town CEO, 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 DRAFT (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. DRAFT (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. DRAFT (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. DRAFT (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.