Loading...
HomeMy WebLinkAbout2021 Planning Board Approved Minutes June 28, 2021Virgil Planning Board Meeting June 28, 2021 1 | Page TOWN OF VIRGIL PLANNING BOARD MEETING June 28, 2021, 7:00 PM BOARD MEMBERS PRESENT: Planning Board Chair Jeffrey Breed, Board Members Mark Baranello, Sara Sirois, Carole Lathrop, and Dale Taylor OTHERS PRESENT: Alane Van Donsel Secretary, Patrick Snyder Town Attorney APPLICANTS & PUBLIC PRESENT: William Pomeroy Esq., Donna Smith, Kammy Ploss, Steve Terwilliger, Monty Singh, Gurmit Singh, Zaswinder Singh and Sewa Singh 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 28 June 2021, 7 p.m., at the Virgil Town Hall 1176 Church Street, Virgil NY 13045. This public hearing is to consider the three following applications: RESOLUTION #21-26 A PUBLIC HEARING WAS CALLED: NOTICE WAS 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 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. Mr. William Pomeroy Esq. presented the subdivision to the board and informed the Planning Board that the Zoning Board of Appeals approved that variance. Chairman Breed asked three times if there were any further comments and there were none. The public hearing was closed at 7:15 pm NEW BUSINESS: New business was moved up to allow the Smith family and her Attorney to expedite their application. RESOLUTION #21-27 NEGATIVE DECLARATION UNDER SEQR FOR THE PROPOSED SUBDIVISION OF 572 NYE ROAD: Member Carole Lathrop made a motion to approve a negative declaration on the SEQR review for the Donna J. Smith subdivision of tax maps 105.00- 03-12.110. Member Mark Baranello seconded the motion. Vote: Ayes Chairman Breed, Members Sirois, Baranello, Lathrop & Taylor. Nays: None Motion Carried RESOLUTION #21-28 APPROVAL OF SUBDIVISION OF THE PROPERTY LOCATED AT 2845 WEBB ROAD: Member Carole Lathrop made a motion to approve the subdivision site plan of 2845 Webb Road tax map#105.00-03-12.110 owned by Donna J. Smith. The 4.37-acre parcel is approved to be subdivided and two parcels conveyed to the neighboring property owners. The motion was seconded by Member Sara Sirois. Vote: Ayes Chairman Breed, Members Sirois, Baranello, Lathrop & Taylor. Nays: None Motion Carried OLD BUSINESS: RESOLUTION #21-29 APPROVAL OF THE RENEWAL OF THE SUBDIVISION LOCATED AT 2075 WOODCHUCK HILL ROAD: Member Mark Baranello made a motion to approve the Scott Smith subdivision renewal for his property located at 2075 Woodchuck Hollow Road. Member Taylor asked about a variance that needed to be obtained from the Zoning Board of Appeals, it was discovered that the variance was indeed obtained. The plan maps were approved to be resigned by the Planning Board Chair, so they can be filed with the county. The motion was seconded by Member Dale Taylor. Vote: Ayes Chairman Breed, Members Sirois, Baranello, Lathrop & Taylor. Nays: None Motion Carried RESOLUTION #21-30 NEGATIVE DECLARATION UNDER SEQR FOR THE PROPOSED CONDITIONAL PERMIT FOR CONGAS LLC: Member Carole Lathrop made a motion to approve a negative declaration on the SEQR review for the Congas LLC for a Conditional Permit on tax map 105.00-09-09.000 allowing the hours of business to be extended to 5:00am to 11:00pm Monday-Sunday. Member Mark Baranello seconded the motion. Vote: Ayes Chairman Breed, Members Sirois, Baranello, Lathrop & Taylor. Nays: None Motion Carried RESOLUTION #21-31 APPROVAL OF CONDITIONAL PERMIT APPLIACTION OF CONGAS LLC. WITH A COMPROMISE: Property Owner Steve Terwilliger as well a property managers Monty, Gurmit, Jaswinder, and Sewa Singh were present at the meeting. Mr. Terwilliger stated that there were a few items that the board wanted him to clear up and they have all been taken care of. He said that the store has been closing at 9:00 PM every night for the last month, as the Planning Board requested. There is a small shed on the property that is allowed, and they have applied for a permit for the other shed. New trees have been planted to replace the ones that have die, which are used for fencing. Chairman Breed stated that he lives south of the gas station, and he has noticed they have complied, and he congratulated Terwilliger for adhering to the conditions. Breed felt they have addressed the issues. Member Baranello asked about the hours and was wondering if there was a time that was better, meaning earlier or later hours. The operators felt that both the early and late hours were important for the business. Member Lathrup asked if they would be willing to compromise the later hour by cutting one hour and closing at 11:00 PM. The operators felt they could work with one less hour. Member Taylor was not on the board and Taylor read from the County’s findings. Taylor said that gas station is right across the street from a neighborhood. Breed said that the zoning in that area predates before any houses are ever built there. Breed said the homeowners choose to build next to one of the busiest roads in Cortland County. Across the street is 100 acres that is going to be developed into ball fields the ones that were just built have bright lights that are on until 11:00 pm. Taylor questioned what will happen in 5 years will the gas station want to be Virgil Planning Board Meeting June 28, 2021 2 | Page open 24 hours? Terwilliger stated that is why there is a planning board. Member Sirois said that they may have brought the hours into compliance recently, but the hours have not complied for some time. She stated that they been closing at 11:00 pm and disregarding the original conditional permit which stated they were supposed be closed by 9:00 PM. She stated that she knows how difficult it is to run a small business, but we all need to follow the rules. Member Baranello said that Gary Wood pointed out years ago that when that property was zoned for commercial use, the horse was let out of the barn. At the same time, you must recognize its likely to have limitations because it’s on the boarder of a neighborhood district. Terwilliger stated that he had submitted examples of other gas stations next to other neighborhoods and not one of them have their hours set. Baranello spoke about expectations and stated that the examples he gave were different situations and they were in much more densely populated areas. Terwilliger said that the gas station provides a service to many people, and it has become a service to the community. He said there were over 100 signatures of people living in the area that were in support of the longer hours. Taylor said he is still going back 2010 pursuant to the SEQR and he spoke of a possible leak occurring and he was wondering if the water is being tested and he was wondering if there are reports being filed with the town. It was stated that the county does the ground water well testing. Taylor was wondering is the Zoning Officer was getting all the semiannual reports. He asked if they are adhering to all the rules and are they properly bonded and insured? Terwilliger stated that he believes so. Breed said that Taylor is talking about possible concerns that are dealt with by the DEC and the County. Breed brought the conversation back to Sirois comment about them not adhering to the original conditional permit hours. Member Lathrop stated that the original approval took years, she said it was a much different atmosphere back then and a lot more residents involved, she feels this time it is only two residents who have concerns. She wants to know what do you do to help a businessperson and are we ever held to a condition from 2015 or can terms be reconsidered? How much do you punish a business? Lathrop asked how many months would it take for the business to comply for the Planning Board to approve the new Conditional permit? Sara said that is splitting hairs. Sirois stated that there were more than two people at the first meeting that Terwilliger was not in attendance, and she does not think two residents should dictate the outcome of the decision, but she said she is still torn because they didn't comply to the original conditional permit. She went on to say that on the one hand the Planning Board should not dictate the hours of a business and she knows the operators are hardworking people who rely on this for their income and the gas station provides a service for a community, but she is concerned with the disregard of a stipulation that was a part of the original agreement and that they only came into compliance when the board felt they should. Breed stated that they are all torn, and he is wondering what an adequate amount of time of compliance would be enough. He said that everyone’s comments make sense. He would like the board to come to a consensus and he is wondering if the vote requires a super majority? Taylor read from the county review that stated that a super majority is required. Attorney Snyder thought that might have been a mistake. Barnanello stated that the original project dragged on for 7 years. He said that hardball was played on both sides, when looking at the minutes he can see this. He stated that the board can go back to hard ball, if the property owner can go from hard ball to nice when he wants something. Baranello does not want to see a string of violations happening and he does not want the town to stop looking at what is going on down there, compliance is compliance, and he feels that it has slipped out of control. He went on to say that the time limitation was not adhered to, compliance is compliance. He said that future boards might not fool around. If you have complied great, if not, that is not good. Terwilliger stated that they are making him feel like a bad businessperson. There were things that needed to be fixed, like the gate fell off the dumpsters, it just kind of happened. They did not have a meeting about it. He spent 7 years begging, borrowing, and steeling to try and get a gas station to be built. It is not a strip club, but somehow, he is made to feel like a bad person. All he wanted to do is put a business in the busiest spot in Cortland County and it is a Use by Right. He has the only business in Cortland County that has their hours set, except for bars. He just wants to operate a business. He went on to say that the way our new zoning law is written it is a catch all and its unfair and gas stations are specifically named. That property was zoned before those houses were ever there and that property has been a use by right from the beginning. Breed asked if the town must police this. Did our code enforcement not follow up on this, however he is not placing blame on current staffing? Taylor said that Code enforcement did go when they got a complaint. It was stated that not one of the neighbors have been complaining for the last three years. There could have been anything to nip this in the bud. Breed asked Sirois what length of time she felt comfortable with complying. Sirois stated that the start to the new year, 6 months from now, the end of Dec. or January felt appropriate. Breed stated that they showed good faith by adhering to the rules the past month. Terwilliger stated that this feels like probation or a punishment to him. It is the code officers’ job to improve the code, but it seems like enforcement is punishment to him. Terwilliger stated that there is a lot of zoning rules being broken in the town and there are many signs in violation. If the business sells you need to come into compliance. There is a lot of outstanding issues. Even Hollenbeck’s is out of compliance. Sirois asked if he was sure and that she was going to investigate that. Terwilliger felt that waiting until winter to extend the hours was not acceptable. Breed stated he is not in favor of a seasonal hourly change. Baranello stated that he is willing to approve changing the hours to 5:00 AM-11:00 PM, but the revised permit will say that compliance is required. Town Attorney Pat Snyder stated that it does not make sense to revise the permit, noncompliance would be handled by the town court. Taylor stated that it does not feel like it was a punishment, it’s not rewarding bad behavior. Taylor was concerned that the original conditional permit hours were not adhered to for some time. Taylor wondered if there was an issue down the road can an appearance ticket be issued. Discussion continued and the conversation went in circles for a bit. Breed worked on bringing the board to a consensus. Breed asked the Planning Board secretary, who is also the town clerk if there have been many complaints about the gas station. Van Donsel said that they would have to talk to Zoning Officer Brown, but all she knew of is one person. Sirois and Taylor still felt uncomfortable about approving the conditional permit, because the original conditional permit was not adhered to. When Attorney Snyder stated that they approved the SEQR and that they are basically just approving the amount of impact the new hours will have moving forward, Sirois felt that she could support the hour change. Dale Taylor stated that he is sticking with Dick Bottorff his friend and voting no. *On July 26, 2021 Member Dale Taylor stated that the minutes reflected his statement incorrectly and what he said was, “he was sticking with the minority” on his decision to vote no on the conditional permit for Congas LLC and that there was more than one person who voiced concerns with the gas station. Member Mark Baranello made a motion to approve the Congas LLC Conditional Permit for the gas station on 2964 Webb Road Tax Map No.: 105.00-09-09.000 Zoned: C with the compromise Virgil Planning Board Meeting June 28, 2021 3 | Page of extending the hours to 5:00 AM to 11:00 AM. Member Carole Lathrop seconded the motion. Vote: Ayes Chairman Breed, Members Sirois, Baranello & Lathrop. Nays: Taylor Motion Carried *(Addendum to the minutes: These minutes were approved at the July 26, 2021, with following addendum added: Member Dale Taylor stated that the minutes reflected his statement incorrectly and what he said was, “he was sticking with the minority” on his decision to vote no on the conditional permit for Congas LLC and that there was more than one person who had concerns with the gas station. He wanted this language added to the minutes.) RESOLUTION #21-32 APPROVE PLANNING BOARD MINUTES FROM MAY 24, 2021: Member Dale Taylor made a motion to approve the planning board draft minutes from the May 24, 2021, meeting as presented. Member Carole Lathrop seconded the motion. Vote: Ayes Chairman Breed, Members Sirois, Baranello, Lathrop & Taylor. Nays: None Motion Carried FURTHER DISCUSSION: Member Sirois wanted to give an update on Local Law #1. She said that she understood the need for the local law because there are some folks who are trying to live in campers year-round and that is not safe. She is happy to report that the revised local law does take into consideration short term campers who may wish to camp in the winter. Breed thanked Sirois for keeping them up to date on the matter. With no further business to discuss, Member Breed asked for a motion adjourn the meeting at 9:20 PM. Member Taylor motioned to adjourn. Member Baranello seconded the motion. Vote: Ayes: Chairman Breed, Members Baranello, Taylor, Lathrop 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 07/26/2021 and sent to the Planning Board Members, Town Attorney and CEO on July 01, 2021