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Home My WebLink About06-28-2021 Planning Board Agenda PacketBoard Members: Jeffrey Breed Chair, Members Mark Baranello, Carole Lathrop, Sara Sirois, Dale Taylor Alternate: Sylvia Cook Agenda 1. Public Hearing MEETING & PUBLIC HEARING OF THE PLANNING BOARD OF APPEALS NOTICE IS HEREBY GIVEN that a meeting and public hearing will be held before the Town of Virgil Planning Board on the 28th of June 2021, at 7 p.m. at the Virgil Town Hall 1176 Church Street, Virgil NY 13045. This meeting is being held to consider a site plan review of a proposed subdivision of 2845 Webb Road tax map#105.00-03-12.110. The property is owned by Donna J. Smith. The petitioner and refuted owner wishes to subdivide a 4.37-acre parcel and convey two parcels to the neighboring property owners who are family members. The above application is available at www.virgilny.org or contact the office of the Town Clerk at (607) 835-6174, Ext. 2. Persons wishing to speak may do so in person, by attorney, or by another representative. Communications in writing in relation thereto may be filed ahead of time with the Board or at such hearing. Dated: 06/10/2021 Alane Van Donsel Virgil Town Clerk on Behalf of The Virgil Planning Board 2. Old Business a. Scott Smith Woodchuck Hill Variance and Subdivision Resign Maps Scott Smith appeared before the Planning Board on July 27, 2020. He did not have the maps filed with the county within the six-month period. He is asking for the Planning Board chair to resign and date the maps. Below is a link to the original application,as well as the minutes and index of action from the July 27, 2020, meeting. Planning Board Agenda Monday, June 28, 2021 at 7:00 pm Attachments: Index of Actions from 07-27-2020 (PB_Index_7-27-2020.pdf) Original Application for Scott Smith (Scott_Smith_Woodchuck_Hill_Varian ce_and_Subdivision.pdf) Planning Board Minutes from July 27, 2020 (7-27-2020_PB_Minutes.pdf) b. Congas LLC- Conditional Use Permit Property Owner: Congas LLc Property Location: 2964 Webb Road Tax Map No.: 105.00-09-09.000 Zoned: C Description of Project: The owner is applying for a Conditional Use permit to expand the hours of operation to 5:00 AM to 12:00 AM. The Planning Board tabled this item for further review from the County and to allow the business to comply for a month. Attachments: County Determination for ConGas LLC (Congas_LLC_County_Determinati on.pdf) Original Application for Varinace from ConGas LLC (Congas_Conditional _use_permit_hour_change_.pdf) 3. New Business 4. Public Hearing(s) a. Application Applicant: Donna J. Smith Propety Owner: Donna J. Smith Property Location: 2845 Webb Road Tax Map No.:105.00-03-12.110 Zoned: ARC Description of Project: Site Plan review of minor subdivision of porpety located on 2845 Webb Road, pending area variance from the Zoning Board. Attachments: Agricultural Data Statement (scan0762.pdf) County Determination-Smith Project (County_Determination_Smith.pdf) Site Plan of the Smith Project (scan0777.pdf) 5. Approve Minutes Attachments: Index of Planning Board Actions from may 24, 2021 (05-24-2021_Index_of_Pl anning_Board_Actions-Signed.pdf) Planning Board Draft Minutes 05-24-2021 (2021_PB_Minutes__Draft__May_24_ _2021.pdf) 6. Adjornment | Agenda published on 06/22/2021 at 12:42 PM INDEX OF PLANNING BOARD ACTIONS – 2020 TOWN OF VIRGIL, CORTLAND COUNTY, NY MEETING DATE ACTION NO. DESCRIPTION 7/27/20 19 RICHARD BEEBE, APPLICANT/REPUTED OWNER - 1229 NYS ROUTE 392 - TM #126,14-01-35.210 - Request for Conditional Permit to allow livestock in a Neighborhood Residential District POSTPONED until next regularly scheduled meeting of the (T)Virgil Planning Board at request of the applicant. 20 LYN THOMPSON, APPLICANT/REPUTED OWNER - 854 Sherman Road TM #105.00- 08-06.000 AND 870 Sherman Road - TM #105.00-08-07.000 - Based on the information and analysis of the SEQR concerning this application, the Town of Virgil Planning Board has determined that the proposed Lot Line Adjustment will not produce any significant adverse environmental impact, resulting in a Negative Declaration. 21 LYN THOMPSON, APPLICANT/REPUTED OWNER - 854 Sherman Road TM #105.00- 08-06.000 AND 870 Sherman Road - TM #105.00-08-07.000 - Lot Line Adjustment APPROVED as requested, contingent upon granting of the requested Area Variance by the Town ZBA at their next meeting. 22 DOUGLAS MAROSE & BREYANNA DOOLITTLE, APPLICANTS/REPUTED OWNERS - 2272 US Route 11 - TM #128.00-01-05.000 - Based on the information and analysis of the SEQR concerning this application, the Town of Virgil Planning Board has determined that the proposed Subdivision of Land will not produce any significant adverse environmental impact, resulting in a Negative Declaration. 23 DOUGLAS MAROSE & BREYANNA DOOLITTLE, APPLICANTS/REPUTED OWNERS - 2272 US Route 11 - TM #128.00-01-05.000 - Subdivision of Land APPROVED as requested. 24 SCOTT SMITH, APPLICANT/REPUTED OWNER - 2272 US Route 11 - TM #128.00- 01-05.000 - Based on the information and analysis of the SEQR concerning this application, the Town of Virgil Planning Board has determined that the proposed Subdivision of Land will not produce any significant adverse environmental impact, resulting in a Negative Declaration. 25 SCOTT SMITH, APPLICANT/REPUTED OWNER - 2272 US Route 11 - TM #128.00- 01-05.000 - Subdivision of Land APPROVED as requested, contingent upon granting of the requested Area Variance by the Town ZBA at their next meeting. 26 APPROVED MINUTES OF 22 JUNE 2020 Planning Board meeting, as corrected. (Pg. 1, third line from bottom, change Mr. Hubbert to Mr. Kryger, e.g., Mr. Kryger assured him. . . .) Joan E. Fitch, Board Secretary Submitted via e-mail to (T) Virgil Clerk, Bd. Members, CEO & Atty. on 7/29/20. JF Page 1 of 5 TOWN OF VIRGIL PLANNING BOARD DRAFT Minutes of Public Hearings & Regular Meeting - Monday, 27 July 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 Adam Brown, Town Zoning Officer Dale Taylor Member Vacancy Alternate Vacancy Applicants & Public Present Lyn Thompson, Applicant; Scott Smith, Applicant; Lyn Thompson, Applicant 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. Proof of Publication has been placed on file for the record. PUBLIC HEARING #1 Lyn Thompson, Applicant/Reputed Owner – 854 Sherman Road – TM #105.00-08-06.000 & 870 Sherman Road – TM #105.00-08-07.000 – Lot Line Adjustment Chairman Breed recognized the applicant who was seeking approval of a Lot Line adjustment involving the two adjacent tax map parcels. Ms. Thompson stated she wanted to construct an addition to her existing home at 870 Sherman Road so needed extra room to do so. Since she owned the adjacent property, she wanted to move the lot line to the other side of the existing storage barn by 50 feet, as shown on the maps/photos accompanying the application. It would also narrow the road frontage on 854 Sherman Road to what could be less than the required 250 feet, therefore requiring a variance. The Town Zoning Board of Appeals, who was to meet before this meeting, did not have a quorum so could not conduct any business; however, as advised by Town Attorney Patrick Snyder, the Public Hearing for area variances for road frontage, lot size, and side yard setback could be held. Chairman Breed asked if there was anyone from the public who wished to comment on the applicant’s request; there was no one. With everyone being heard who wished to be heard, Chairman Breed closed the public hearing at 7:08 p.m. PUBLIC HEARING #2 Scott Smith, Applicant/Reputed Owner – 2075 Woodchuck Hill Road – TM #127.00-02- 23.110 – Area Variance – Road Frontage Less Than Allowed Acting Chair David Gower recognized the applicant who was seeking approval to subdivide a 3≠- acre portion from his property in order to sell the existing camp to his neighbor. The subdivided parcel would then have 100 feet less of road frontage than what is required, necessitating an Area Variance, as shown on the map accompanying the application. Chairman Breed asked if there was anyone present who wished to speak on this variance request; there was one, as follows: Wes Kryger of Greek Peak – Informed those present that Greek Peak’s concern that the subject parcel was part of their PUD was unfounded, as verified by CEO Adam Brown who had looked the matter up. DRAFT (T) Virgil Planning Board – Minutes of Public Hearings & Regular Meeting 27 July 2020 Page 2 of 5 With everyone being heard who wished to be heard, Acting Chair Gower closed the public hearing at 7:13 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 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 at which time the request for a Conditional Permit to allow chickens and livestock in a Neighborhood Residential District for previous information.) Chairman Breed announced that the applicant had contacted the Town and asked that this matter be rescheduled. With no further discussion, a motion was made by Member Dale Taylor to postpone the request for a Conditional Permit to allow livestock in a Neighborhood Residential District until the next regularly scheduled meeting of the (T) Virgil Planning Board, as requested by the applicant. The motion was seconded by Member Carole Lathrop, with the vote recorded as follows: Ayes: Chairman Breed Nays: None Member Lathrop Member Taylor Absent: Member Baranello Motion carried. This becomes Action #19 of 2020. NEW BUSINESS Lyn Thompson, Applicant/Reputed Owner – 854 Sherman Road – TM #105.00-08-06.000 & 870 Sherman Road – TM #105.00-08-07.000 – Lot Line Adjustment Chairman Breed announced that the Town Zoning Board of Appeals, who met just before this Planning Board meeting, was unable to conduct any business due to the lack of a quorum. However, on the advice of Town Attorney Patrick Snyder, they did open and close the Public Hearing for the requested area variances, with no one from the public wishing to speak on the matter. Attorney Snyder stated that a Special Meeting could be held by the ZBA to facilitate the process. Chairman Breed acknowledged receipt of a 10 a July 2020 memo from Dan Dineen, Cortland County Planning Board’s Director of Planning, which stated that the applicant’s request was technically adequate and had no State- or County-wide impact; therefore, the applications were being returned to the Town for local determination. DRAFT (T) Virgil Planning Board – Minutes of Public Hearings & Regular Meeting 27 July 2020 Page 3 of 5 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 Taylor 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 Lathrop Member Taylor Absent: Member Baranello Motion carried. This becomes Action #20 of 2020. After a brief discussion and answering of a few questions, a motion was made by Member Taylor to approve the Lot Line Adjustment, as requested, contingent upon the granting of the requested area variances by the Virgil Zoning Board of Appeals at their next meeting. The motion was seconded by Member Lathrop, with the vote recorded as follows: Ayes: Chairman Breed Nays: None Member Lathrop Member Taylor Absent: Member Baranello Motion carried. This becomes Action #21 of 2020. Town Attorney Snyder advised the applicant as to the preparation/submittal of the required survey map. Douglas Marose & Breyanna Doolittle, Applicants/Reputed Owners – 2162 & 2272 US Route 11 – TM #128.00-01-05.000 – Subdivision of Land Chairman Breed recognized Town Code Enforcement Officer Adam Brown who explained that the applicants were seeking approval to subdivide this 86.93±-acre parcel of land into two parcels, one consisting of 80.89± acres, and one consisting of 6.04± acres. The proposed subdivision conforms to the Code requirements, so no variance is needed. The purpose of the subdivision, according to DEO Brown, is for the new owner(s) to construct a home there. Chairman Breed acknowledged receipt of a 9 July 2020 memo from Dan Dineen, Cortland County Planning Board’s Director of Planning, which stated that the applicant’s request was technically adequate and had no State- or County-wide impact; therefore, the applications were 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 Taylor, with the vote recorded as follows: Ayes: Chairman Breed Nays: None Member Lathrop Member Taylor Absent: Member Baranello Motion carried. This becomes Action #22 of 2020. DRAFT (T) Virgil Planning Board – Minutes of Public Hearings & Regular Meeting 27 July 2020 Page 4 of 5 After a brief discussion and answering of a few questions, a motion was made by Member Taylor to approve the Subdivision, as requested. The motion was seconded by Member Lathrop, with the vote recorded as follows: Ayes: Chairman Breed Nays: None Member Lathrop Member Taylor Absent: Member Baranello Motion carried. This becomes Action #23 of 2020. Scott Smith, Applicant/Reputed Owner – 2075 Woodchuck Hill Road – TM #127.00-02- 23.110 – Subdivision of Land It is noted for the record that the applicant had appeared before the Town’s ZBA (held immediately before this meeting), but there was no quorum. An area variance was needed because the planned subdivision of this property would result in the resultant lot having less road frontage than required. However, on the advice of Town Attorney Patrick Snyder, they did open and close the Public Hearing for the requested area variance, with no one from the public wishing to speak on the matter. Chairman Breed acknowledged receipt of a 9 July 2020 memo from Dan Dineen, Cortland County Planning Board’s Director of Planning, which stated that the applicant’s request was technically adequate and had no State- or County-wide impact; therefore, the applications were being returned to the Town for local determination. In response to Member Taylor’s question, the applicant stated he wanted to subdivide the property in order to sell the existing camp and three acres to the neighbor, as shown on the annotated map accompanying the application. 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 Taylor, with the vote recorded as follows: Ayes: Chairman Breed Nays: None Member Lathrop Member Taylor Absent: Member Baranello Motion carried. This becomes Action #24 of 2020. After a brief discussion and answering of a few questions, a motion was made by Member Lathrop to approve the Subdivision, as requested, contingent upon the granting of the requested area variance by the Virgil Zoning Board of Appeals at their next meeting. The motion was seconded by Member Taylor, with the vote recorded as follows: Ayes: Chairman Breed Nays: None Member Lathrop Member Taylor Absent: Member Baranello Motion carried. This becomes Action #25 of 2020. Town Attorney Snyder advised the applicant as to the preparation/submittal of the required survey map. DRAFT (T) Virgil Planning Board – Minutes of Public Hearings & Regular Meeting 27 July 2020 Page 5 of 5 APPROVAL OF MINUTES – 22 JUNE 2020 It was noted that on page 1 of these Minutes, third line from the bottom, Mr. Hubbert should be changed to Mr. Kryger). A motion was then made by Member Taylor to approve the (T) Virgil Planning Board Minutes of 22 June 2020, as corrected. The motion was seconded by Member Lathrop, with the vote recorded as follows: Ayes: Chairman Breed Nays: None Member Lathrop Member Taylor Absent: Member Baranello Motion carried. This becomes Action #26 of 2020. OTHER MATTERS • Chairman Breed announced that two Planning Board members had submitted their letters of resignation: Ann Howe on 17 July, and Alternate Denise Schulze on 26 July. The Board accepted their resignations with regret. ADJOURNMENT At 7:45 p.m., a motion was made by Member Lathrop, seconded by Member Taylor, 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 8/10/20. Submitted via E-mail to: Applicants, CEO & ZO & Atty. on 05/27/2021 AV Alane Van Donsel | SECRETARY INDEX OF PLANNING BOARD ACTIONS-2021 TOWN OF VIRGIL, CORTLAND COUNTY, NY Meeting Date Action No. Description of Action 05/24/2021 21-16 A PUBLIC HEARINGWAS CALLED: NOTICE WAS HEREBY GIVEN that a Public Hearing and a meeting will be held before the Town of Virgil Planning Board on May 24, 2021, 7 p.m., via Zoom Meeting a link to the agenda and zoom meeting was provided at www.viriglny.org as well as being published in the Cortland Standard. A certified copy of the publication is on file with the Virgil Town Clerk. The Public hearing considered three of the following applications: 1. Congas LLC applied for a new conditional use permit to extend the current hours of operation from 6 AM-9 PM to 5 Am to 12 AM. The property is located at 2964 Webb Road, Cortland, NY 13045 Tax Map #105.00-09-09.000. 2. Lucy Jacobs and Nancy Blake are applied for a minor subdivision tax parcels 115.00-02-17.200 and 115.00-02-17.111 located on Nye Road. They looked to subdivide one of the parcels, creating two new parcels one which will be 18.6 acres and the other will be 7.2 acres with 250' minimum of road frontage. 3. Gerald W. Willis is applied for a major subdivision of tax parcel #115.00-05-06.120 located on Edsall Road subdividing an existing 53.53-acre parcel into three individual lots of 13.53 =/-, 14.94 +/- and 25.06 +/- all of which will exceeded 250' of road frontage as well as the 3-acre minimum. THE PUBLIC HEARING WAS CLOSED AT 7:35 PM 21-17 Congas LLC applied for a conditional permit for property located at 2964 Webb Road. Tax Map No.: 105.00-09-09.000 Zoned: C This item was TABLED. Until the Planning Board receives response on the GML from the Cortland County Planning Board. Member Dale Taylor motioned to table this item until further review from the County. The motion was seconded by Sara Sirois. Vote: Ayes Chairman Breed, Members Sirois, Baranello, Lathrup & Taylor. Nays: None Motion Carried 21-18 Greek Peak Holdings LLC located at 2000 State Route 392 Tax Map No.: 127.00-09- 03.110 Zoned: PUD Applicant applied for a revised site plan for a change in the placement of the road leading to the wedding barn. The Virgil Planning Board as well as the Town Attorney Patrick Snyder felt that NO ACTION WAS NEEDED. 21-19 Richard J. McMullin, Applicant/Reputed Owner-2285 Stafford Road, Cortland NY 13045 Tax Map #117.07-06.000- applied for a conditional use permit which was approved with Index of Action #21-08 on March 22, 2021, however the wording of such action needed to be revisited as requested by the applicant. Revised Action#21-19 will add the following language: This conditional use permit will not allow a continuous inventory but will not prevent individual sales and transfers of firearms from occurring on premises and the following sentence was deleted from Action #21-08: There will be no retail sales done from the residence. Member Dale Taylor motioned to APPROVED the revised conditional use permit under Action #21-19 to read Mr. McMullin will be allowed to conduct business from his home allowing firearms and ammo to be shipped to the premises. This conditional use permit will not allow a continuous inventory but will not prevent individual sales and transfers of firearms from occurring on the premises. The motion was seconded by Member Mark Baranello. Vote: Ayes Chairman Breed, Members Sirois, Baranello, Lathrup & Taylor. Nays: None Motion Carried Submitted via E-mail to: Applicants, CEO & ZO & Atty. on 05/27/2021 AV Alane Van Donsel | SECRETARY 21-20 Member Taylor made a motion to approve a NEGATIVE DECLARATION on the SEQR review for the Jacobs/Blake subdivisionof tax maps 115.00-02-17.200 & 115.00-02- 17.111. Member Lathrop seconded the motion. Vote: Ayes Chairman Breed, Members Sirois, Baranello, Lathrup & Taylor. Nays: None Motion Carried 21-21 Lucy Joacobs and Nancy Blake applied for a subdivision of property located at 572 Nye Road Tax Map No.: 115.00-02-17.200 & 115.00-02-17.111 Zoned: NR The applicants of tax parcels 115.00-02-17.200 and 115.00-02-17.111 located on Nye Road were looking to subdivide one of the parcels, creating two new parcels one which will be 18.6 acres and the other will be 7.2 acres with 250' minimum of road frontage. A Motion was made by Member Dale Taylor motioned to APPROVE the proposed subdivision if it meets the county’s requirements and adequate road frontage. The motion was seconded by Member Mark Baranello. Vote: Ayes Chairman Breed, Members Sirois, Baranello, Lathrup & Taylor. Nays: None Motion Carried 21-22 Member Carol Lathrop made a motion to approve a NEGATIVE DECLARATION on the SEQR review for the Willis subdivision of tax map 115.00-05-06.120. Member Sara Sirois seconded the motion. Vote: Ayes Chairman Breed, Members Sirois, Baranello, Lathrup & Taylor. Nays: None Motion Carried 21-23 Gerald W. Willis Applicant/Reputed owner of property located on Edsall Road. Tax Map No.: 115.00-05-06.120 Zoned: ARC Applied to subdivide tax parcel #115.00-05-06.120 located on Edsall Road. He applied to subdivide an existing 53.53-acre parcel into three individual lots of 13.53 =/-, 14.94 +/- and 25.06 +/- all of which will exceed 250' of road frontage as well as the 3-acre minimum. A motion was made by Member Dale Taylor to APPROVE the subdivision as presented. MemberCarol Lathrup seconded the motion. Vote: Ayes Chairman Breed, Members Sirois, Baranello, Lathrup & Taylor. Nays: None Motion Carried 21-24 Member Dale Taylor made a motion to APPROVE the planning board draft minutes from the April 26, 2021 meeting as presented. Member Carol Lathrup seconded the motion. Vote: Ayes Chairman Breed, Members Sirois, Baranello, Lathrup & Taylor. Nays: None Motion Carried 21-25 Member Dale Taylor motioned to ADJOURN the Planning Board meeting at 10:00 PM. Member Baranello seconded the motion. Vote: Ayes Chairman Breed, Members Sirois, Baranello, Lathrup & Taylor. Nays: None Motion Carried ___________________________________ Alane Van Donsel, Planning Board Secretary Virgil Planning Board Meeting May 24, 2021 1 | Page TOWN OF VIRGIL PLANNING BOARD MEETING May 24, 2021 7:00 PM VIA ZOOM BOARD MEMBERS PRESENT: Planning Board Chair Jeffrey Breed, Board Members Mark Baranello, Sara Sirois, Carol Lathrup, and Dale Taylor OTHERS PRESENT: Alane Van Donsel Secretary, Patrick Snyder Town Attorney, Adam Brown Virgil Zoning Officer APPLICANTS & PUBLIC PRESENT: Richard Bottoff, Laura Fox, Daniel Haynes, Don Armstrong Esq. 7:00 PM –THE PUBLIC HEARING WAS CALLED TO ORDER Planning Board Chair Jeffrey Breed called the public hearing to order. The legal notice was posted in the Cortland Standard on April 15, 2021: NOTICE IS HEREBY GIVEN that a meeting will be held before the Town of Virgil Planning Board on 26 April 2021, 7 p.m., via Zoom Meeting got to www.viriglny.org for a link to the Zoom Meeting. This meeting is to consider the three following applications: INDEX #21-16 A PUBLIC HEARING WAS CALLED: NOTICE WAS HEREBY GIVEN that a Public Hearing and a meeting will be held before the Town of Virgil Planning Board on May 24, 2021, 7 p.m., via Zoom Meeting a link to the agenda and zoom meeting was provided at www.viriglny.org as well as being published in the Cortland Standard. A certified copy of the publication is on file with the Virgil Town Clerk. The Public hearing considered three of the following applications: 1. Congas LLC applied for a new conditional use permit to extend the current hours of operation from 6 AM-9 PM to 5 Am to 12 AM. The property is located at 2964 Webb Road, Cortland, NY 13045 Tax Map #105.00-09-09.000. 2. Lucy Jacobs and Nancy Blake are applied for a minor subdivision tax parcels 115.00-02-17.200 and 115.00-02-17.111 located on Nye Road. They looked to subdivide one of the parcels, creating two new parcels one which will be 18.6 acres and the other will be 7.2 acres with 250' minimum of road frontage. 3. Gerald W. Willis is applied for a major subdivision of tax parcel #115.00-05-06.120 located on Edsall Road subdividing an existing 53.53-acre parcel into three individual lots of 13.53 =/- , 14.94 +/- and 25.06 +/- all of which will exceeded 250' of road frontage as well as the 3-acre minimum. The public hearing was closed at 7:35 pm OLD BUSINESS: INDEX #21-17 TABLING OF CONDITIONAL USE PERMIT OF THE CONGAS LLC APPLICATION: Congas LLC applied for a conditional permit for property located at 2964 Webb Road. Tax Map No.: 105.00-09-09.000 Zoned: C This item was TABLED. Until the Planning Board receives response on the GML from the Cortland County Planning Board. Member Dale Taylor motioned to table this item until further review from the County. The motion was seconded by Sara Sirois. Vote: Ayes Chairman Breed, Members Sirois, Baranello, Lathrup & Taylor. Nays: None Motion Carried INDEX #21-18 Greek Peak Holdings LLC : located at 2000 State Route 392 Tax Map No.: 127.00-09-03.110 Zoned: PUD Applicant applied for a revised site plan for a change in the placement of the road leading to the wedding barn. The Virgil Planning Board as well as the Town Attorney Patrick Snyder felt that no action was needed. INDEX #21-19 REVISED CONDITIONAL USE PERMIT: Richard J. McMullin, Applicant/Reputed Owner-2285 Stafford Road, Cortland NY 13045 Tax Map #117.07-06.000- applied for a conditional use permit which was approved with Index of Action #21-08 on March 22, 2021, however the wording of such action needed to be revisited as requested by the applicant. Revised Action#21-19 will add the following language: This conditional use permit will not allow a continuous inventory but will not prevent individual sales and transfers of firearms from occurring on premises and the following sentence was deleted from Action #21-08: There will be no retail sales done from the residence. Member Dale Taylor motioned to approve the revised conditional use permit under Action #21-19 to read Mr. McMullin will be allowed to conduct business from his home allowing firearms and ammo to be shipped to the premises. This conditional use permit will not allow a continuous inventory but will not prevent individual sales and transfers of firearms from occurring on the premises. The motion was seconded by Member Mark Baranello. Vote: Ayes Chairman Breed, Members Sirois, Baranello, Lathrup & Taylor. Nays: None Motion Carried NEW BUSINESS INDEX #21-20 NEGATIVE DECLARATION UNDER SEQR FOR THE PROPOSED SUBDIVISION OF 572 NYE ROAD: Lucy Joacobs and Nancy Blake applied for a subdivision of property located at 572 Nye Road Tax Map No.: 115.00-02-17.200 & 115.00-02-17.111 Zoned: NR The applicants of tax parcels 115.00-02-17.200 and 115.00-02-17.111 located on Nye Road were looking to subdivide one of the parcels, creating two new parcels one which will be 18.6 acres and the other will be 7.2 acres with 250' minimum of road frontage. A Motion was made by Member Dale Taylor motioned to APPROVE the proposed subdivision if it meets the county’s requirements and adequate road frontage. The motion was seconded by Member Mark Baranello. Vote: Ayes Chairman Breed, Members Sirois, Baranello, Lathrup & Taylor. Nays: None Motion Carried INDEX #21-21 APPROVAL OF SUBDIVISION OF THE PROPERTY LOCATED AT 572 NYE ROAD: Lucy Joacobs and Nancy Blake applied for a subdivision of property located at 572 Nye Road Tax Map No.: 115.00-02-17.200 & 115.00-02-17.111 Zoned: NR the applicants of tax parcels 115.00-02-17.200 and 115.00-02-17.111 located on Nye Road were looking to subdivide one of the parcels, creating two new parcels one which will be 18.6 acres and the other will be 7.2 acres with 250' minimum of road frontage. A Motion was made by Member Dale Taylor motioned to APPROVE the proposed subdivision if it meets the county’s requirements and adequate road Virgil Planning Board Meeting May 24, 2021 2 | Page frontage. The motion was seconded by Member Mark Baranello. Vote: Ayes Chairman Breed, Members Sirois, Baranello, Lathrup & Taylor. Nays: None Motion Carried INDEX #21-22 NEGATIVE DECLARATION UNDER SEQR FOR THE PROPOSED SUBDIVISION ON EDSALL ROAD: Member Carol Lathrop made a motion to approve a negative declaration on the SEQR review for the Willis subdivision of tax map 115.00-05-06.120. Member Sara Sirois seconded the motion. Vote: Ayes Chairman Breed, Members Sirois, Baranello, Lathrup & Taylor. Nays: None Motion Carried INDEX #21-23 APPROVAL OF SUBDIVISION OF THE PROPERTY LOCATED ON EDSALL ROAD: Gerald W. Willis Applicant/Reputed owner of property located on Edsall Road. Tax Map No.: 115.00-05-06.120 Zoned: ARC Applied to subdivide tax parcel #115.00-05-06.120 located on Edsall Road. He applied to subdivide an existing 53.53-acre parcel into three individual lots of 13.53 =/-, 14.94 +/- and 25.06 +/- all of which will exceed 250' of road frontage as well as the 3-acre minimum. A motion was made by Member Dale Taylor to approve the subdivision as presented. Member Carol Lathrup seconded the motion. Vote: Ayes Chairman Breed, Members Sirois, Baranello, Lathrup & Taylor. Nays: None Motion Carried INDEX #21-14 APPROVE PLANNING BOARD MINUTES FROM APRIL 26, 2021: Member Dale Taylor made a motion to approve the planning board draft minutes from the April 26, 2021, meeting as presented. Member Carol Lathrup seconded the motion. Vote: Ayes Chairman Breed, Members Sirois, Baranello, Lathrup & Taylor. Nays: None Motion Carried With no further business to discuss, Member Breed asked for a motion adjourn the meeting at 10:00 PM. Member Taylor motioned to adjourn. Member Baranello seconded the motion. Vote: Ayes: Chairman Breed, Members Baranello, Taylor, Lathrup and Sirois. Nays: None Respectfully Submitted by, Alane Van Donsel Alane Van Donsel Planning Board Secretary • Draft of these minutes were attached to the upcoming planning board meetings agenda for 06/28/2021 and sent to the Planning Board Members, Town Attorney and CEO on June 22, 2021 • A recording of the meeting is available to the Public on the Towns Website www.virgilny.org and is archived on Laserfiche