HomeMy WebLinkAbout8-24-2020 Planning Board Meeting MinutesPage 1 of 4
TOWN OF VIRGIL PLANNING BOARD
Minutes of Regular Meeting - Monday, 24 August 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
Mark Baranello
Dale Taylor
Sara Sirois
Sylvia Cook, Alternate
Applicants & Public Present
Richard Beebe, Applicant; Scott Middendorf for M. R. Dirt, Inc., Applicant; Christine Williams,
Ron & Tricia Wilder, Matt Hollenbeck, Gary & Teri Pelton, Matt Slowey, Catherine & Edward
McPulsky, C. Rehkugler, Sylvia & Mack Cook, Bob & Marge Hubbert, Mat C?, Chris Root, Daniel
Johnson.
REGULAR MEETING
The Regular Meeting of the Town of Virgil Planning Board was called to order by Chairman
Breed at 7 p.m.
OLD BUSINESS
Richard Beebe, Applicant/Reputed Owner – 1229 NYS Route 392 – TM #126.14-01-35.210 –
Conditional Permit – Livestock in Neighborhood Residential District
(Reference is made to the Planning Board Minutes of 1 and 22 June 2020 and 27 July 2020 at
which times the request for a Conditional Permit to allow chickens and livestock in a
Neighborhood Residential District came before this Board.)
Chairman Breed recognized the applicant who was returning before the Board to ask for a
Conditional Permit as aforestated. He gave a brief history of the property, having purchased it
about three years ago. His children want to raise small animals there, he stated. He explained
the flooding problem that occurs on his property which causes his animal(s) to get out. The
debris from above his property is pushed down against his fence. They have since reinforced with
triple fencing and moved it in from where it floods. There have been no animal escapes since this
was taken care of, he commented. Trail cameras have been installed to observe any problems if
they occur.
Mr. Beebe stated he had talked with the State DOT about his flooding problem and they informed
him that they were responsible for cleaning the culvert, and that’s all. He also had talked with
Amanda Barber of County Soil & Water who told him that the water coming onto his property was
considered a natural flow and he would have to treat it like previous owners have in the past. He
added that his adult children wanted to be good stewards of the property. Chairman Breed asked
how many animals he currently had at the property, and Mr. Beebe answered two horses, ten
goats and one pig. He also said he will continue fixing up the property, and there will be no
additional animals, but would like to have a maximum of fifteen goats.
Member Baranello asked about the tree trunks, and Mr. Beebe responded that he intended to
remove them. The fence, he stated, is “shored up” now, as well as moved in 10 feet from the
property line, and they will keep everything cleaned up around it.
At the conclusion of this discussion, Chairman Breed acknowledged receipt of the Cortland
County Planning Department’s 10 April 2020 report which recommended approval of the
application, contingent upon the four conditions stated therein.
(T) Virgil Planning Board – Minutes of Regular Meeting 24 August 2020
Page 2 of 4
Board members discussed the number and types of animals to be on the property; it was
important that the animal population be controlled. New Board Member Sara Sirois was brought
up-to-date on this application and shown maps, survey, etc.
Board members again discussed types/numbers of animals; Member Lathrop stated that the
Board could specify that in a motion. Mr. Beebe stated if anything needed to be changed, he
would come back before the Board.
Town Attorney Patrick Snyder advised that no Environmental Assessment Form was required to
be completed for this application.
At the conclusion of this lengthy discussion, a motion was made by Member Dale Taylor to
approve the Conditional Permit to allow two horses, one pig, and ten goats in a
Neighborhood Residential District excepting for a 60-day grace period for excess animals to
be relocated, and including recommendation Items 1 thru 3 of the Cortland County
Planning Department’s Staff Report dated 10 April 2020. The motion was seconded by
Member Mark Baranello, with the vote recorded as follows:
Ayes: Chairman Breed Nays: None
Member Lathrop
Member Baranello
Member Taylor
Member Sirois
Motion carried.
This becomes Action #27 of 2020.
NEW BUSINESS
M. R. Dirt, Inc., Applicant/Reputed Owner – 2010 Thermopylae Drive – TM #127.00-06-
06.100 – Site Plan Review – Proposed Camper w/Water & Sewer Hookups
Chairman Breed announced that the Board had yet to receive the report from the Cortland
County Planning Department and needed this information in order to discuss this application.
Also, a Public Hearing would be required, so no action could be taken on this matter at the
present time.
However, there were those present who wished to comment on the proposed campsite, so they
were given the opportunity to speak to the Board and also informed that they were welcome to
come back to a Public Hearing that would be scheduled. Comments received were as follows:
Tricia Wilder – 2011 Amalia Drive – Chairman Breed explained how a Public Hearing
works, and the Board’s decision. Ms. Wilder felt there was not enough information to
even discuss this.
Marge Hubbert – 2009 Artemis Drove – Bought property in 1979. This is not a project,
it’s a zoning issue. Gets nervous when she hears the word “project.” They don’t want to
meet the zoning requirements that we have to meet. It’s a zoning issue.
Sylvia Cook - 2001 Thermopylae Drive – Next door neighbor. Have watched Mr.
Middendorf on his property. He should hold off on doing this until he goes before the
Review Board of Greek Peak.
Christine Williams – 1995 Amalia Drive – Property borders subject. Need 102 acres for a
camper? It’s described as a model camper; is it for sale? That switches it from
(T) Virgil Planning Board – Minutes of Regular Meeting 24 August 2020
Page 3 of 4
residential to business. We are not getting any answers. No decision should be made
until answers are provided.
Mack Cook – 2001 Thermopylae Drive - He’s not met any of the requirements. Property
is situated on designated recharge area and DEC has not ruled on this. Additional
information should be obtained.
Chairman Breed offered Mr. Middendorf the opportunity to speak, and Mr. Middendorf addressed
those present. He stated he owns a house and acreage on Greek Peak. He has no current plans
to develop the property; he’s not sure what they want to do. He’s not part of the Arcadia
Subdivision. Town Attorney Snyder advised that the Planning Board has nothing to do with the
Planned Unit Development (PUD); it’s a civil matter brought about by the contract between the
developer and those who purchased lots. Mr. Middendorf disagreed and was advised to talk to his
lawyer. Attorney Snyder commented that this was in an NR District and there are several
different requirements; may have to go through the subdivision process. Chairman Breed then
explained about subdivisions. Attorney Snyder suggested talking with Code Enforcement Officer
regarding manufactured homes, utilizing the definition contained in the Zoning Law. A variance
may be required; it’s up to the CEO. There are many questions to be answered.
Chairman Breed stated the Board wanted to be fair to everyone and hold a Public Hearing,
following the rules.
Tricia Wilder asked questions of Mr. Middendorf; Attorney Snyder advised a lawyer should be
contacted to assist with this.
Member Taylor commented that he appreciated Mr. Middendorf coming before the Board, and
everyone should abide by the rules. Mr. Middendorf stated he will be back in touch.
A gentleman by the name of Chris Root addressed the Board and said he was Mr. Mittendorf’s
partner. He commented that “Will we develop it? Maybe some day, maybe not.”
No Action Taken.
APPROVAL OF MINUTES – 27 JULY 2020
It was noted that under Public Hearing #2 of these Minutes, Acting Chair David Gower should
read Chairman Breed, and on page 3 under Marose/Doolittle application, first paragraph, last
line, DEO should be CEO. A motion was then made by Member Taylor to approve the (T)
Virgil Planning Board Minutes of 27 July 2020, as corrected. The motion was seconded by
Member Lathrop, with the vote recorded as follows:
Ayes: Chairman Breed Nays: None
Member Lathrop
Member Baranello
Member Taylor Abstain: Member Sirois
Motion carried.
This becomes Action #28 of 2020.
OTHER MATTERS
• Chairman Breed welcomed new Planning Board Member Sara Sirois and new Alternate
Member Sylvia Cook.
(T) Virgil Planning Board – Minutes of Regular Meeting 24 August 2020
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ADJOURNMENT
At 8:20 p.m., a motion was made by Member Taylor, 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 9/27/20.
Approved 9/28/20.