HomeMy WebLinkAbout08-23-2021 Planning Board Meeting Agenda PacketBoard Members: Jeffrey Breed Chair, Members Mark Baranello, Carole Lathrop, Sara
Sirois, Dale Taylor Alternate: Sylvia Cook
Agenda
1. Public Hearing
NOTICE IS HEREBY GIVEN that a meeting and public hearing will be held before the Town of Virgil Planning Board on the 23rd of August 2021, at 7 p.m. at the Virgil Town Hall 1176 Church Street, Virgil NY 13045. This meeting and public hearing is being held to consider two items:
1. Applicant Matthew Hollenbeck is seeking a site plan review of a proposed project
for Hollenbeck Hollow LLC located at 1265 State Route 392 tax map#126.14-01-
38.000. The petitioner Matthew Hollenbeck is looking to add two storage
containers in the rear of the store for outdoor storage. This type of storage is
prohibited without a site plan review. This project also constitutes a change to the
existing site plan of an existing business that is in a Neighbor Residential District.
2. Applicant Daniel F. Klessig is seeking a site plan review to consolidate four parcels
located on West State Road Tax Map #’s 115.00-15-06.000; 155.00-15-14.000;
115.00-15-03.200 and 115.00-10-05.000. The applicant and owner of this property
is looking to consolidate the four parcels back into two parcels which will increase
the size of the primary parcel.
The above applications are 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.
2. Old Business
NONE
3. New Business
a. Application
Applicant: Hollenbeck Hollow LLC
Propety Owner: Matthew Hollenbeck
Property Location: 1265 State Rte 392
Tax Map No.: 126.14-01-38.000
Zoned: NRC
Description of Project:
Applicant Matthew Hollenbeck is seeking a site plan review of a proposed project
for Hollenbeck Hollow LLC located at 1265 State Route 392 tax map#126.14-01-
38.000. The petitioner Matthew Hollenbeck is looking to add two storage
Planning Board Agenda
Monday, August 23, 2021 at 7:00 pm
containers in the rear of the store for outdoor storage. This type of storage is
prohibited without a site plan review. This project also constitutes a change to the
existing site plan of an existing business that is in a Neighbor Residential District.
Attachments:
Cortland County's Response (County_s_Response_for_Hollenbeck.pdf)
Hollenbeck Hollow Site Plan Application (Hollenbeck_Hollow_Site_Plan_S
torage_Container_.pdf)
b. Application
Applicant: Daniel F. Klessig
Property Owner: Daniel F. Klessig
Property Location: West State Road
Tax Map No.: 115.00-15-06.000; 155.00-15-14.000;
115.00-15-03.200 &115.00-10-05.000.
Zoned: ARC
Describtion of Project: Applicant Daniel F. Klessig is seeking a site plan review to
consolidate four parcels located on West State Road Tax Map #’s 115.00-15-
06.000; 155.00-15-14.000; 115.00-15-03.200 and 115.00-10-05.000. The
applicant and owner of this property is looking to consolidate the four parcels
back into two parcels which will increase the size of the primary parcel.
Attachments:
Cortland County's Response-Klessig (County_Response_for_Klessig_s_Pro
ject.pdf)
Daniel F. Klessic Site Plan Application (469_West_State_Rd_Klessig_Subd
ivision_7_28_21.pdf)
4. Approve Minutes
Attachments:
07-28-2021 Draft Planning Board Index of Actions (07-26-2021_Index_of_Pla
nning_Board_Actions.pdf)
07-28-2021 Draft Planning Board Minutes (2021_PB_Minutes__Draft_2___July_
26__2021.pdf)
5. Adjornment
| Agenda published on 08/09/2021 at 12:17 PM
Submitted via E-mail to: Applicants, CEO & ZO & Atty. on 08/01/2021 AV
Alane Van Donsel | SECRETARY
INDEX OF PLANNING BOARD ACTIONS-2021
TOWN OF VIRGIL, CORTLAND COUNTY, NY
Meeting
Date
Action
No.
Description of Action
07/26/2021 21-34 A PUBLIC HEARING WAS CALLED AND NOTICE WAS HEREBY GIVEN that a public
hearing was held before the Town of Virgil Planning Board on the 26th of July 2021,
at 7 p.m. at the Virgil Town Hall 1176 Church Street, to consider a site plan review
of 2428 & 2418 Kohne Road tax maps#125.00-01-65.000 and 115.00-06-05.000. The
property is owned by Richard S. Elston. The petitioner and owner seeks to subdivide
two parcels by taking by moving a property line. Applicant owns both parcels of land
with existing homes on them. The size of the property line exceeds 10% of the lot
size requiring a request for a minor subdivision.
THE PUBLIC HEARING WAS CLOSED AT 7:10 PM
21-35 Member Dale Taylor made a motion to approve a NEGATIVE DECLARATION on the
SEQR review for the Richard S. Elston subdivision of tax map #’s 125.00-01-65.000
and 115.00-06-05.000. Member Carole Lathrop seconded the motion. Vote: Ayes
Chairman Breed, Members Hollenbeck, Cook, Lathrop & Taylor. Nays: None Motion
Carried
21-36 Member Dale Taylor made a motion at approve the subdivision site plan of 2418 &
2428 Kohne Road tax map #’s 125.00-01-65.000 & 115.00-06-05.000 owned by R.
Scott Elston. The subdivision was APPROVED as presented. The motion was
seconded by Member Sara Hollenbeck. Vote: Ayes Chairman Breed, Members
Hollenbeck, Cook, Lathrop & Taylor. Nays: None Motion Carried
21-37 Member Dale Taylor made a motion to APPROVE the planning board draft minutes from
the June 28, 2021, meeting with additional comments and clarification adding an
addendum. Member Carole Lathrup seconded the motion. Vote: Ayes Chairman Breed,
Members Hollenbeck, Cook, Lathrop & Taylor. Nays: None Motion Carried
21-38 Member Dale Taylor motioned to ADJOURN the Planning Board meeting at 8:12 PM.
Member Hollenbeck seconded the motion. Vote: Ayes Chairman Breed, Members
Hollenbeck, Cook, Lathrop & Taylor. Nays: None Motion Carried
_________________________________Alane Van Donsel, Planning Board Secretary
Submitted via E-mail to: Applicants, CEO & ZO & Atty. on 08/01/2021 AV
Alane Van Donsel | SECRETARY
Virgil Planning Board Meeting July 26, 2021
1 | Page
TOWN OF VIRGIL PLANNING BOARD MEETING
July 26, 2021, 7:00 PM
BOARD MEMBERS PRESENT: Planning Board Chair Jeffrey Breed, Board Members Sylvia Cook, Sara Hollenbeck, Carole Lathrop, and
Dale Taylor Member Mark Baranello was excused
OTHERS PRESENT: Alane Van Donsel Secretary, Patrick Snyder Town Attorney
APPLICANTS & PUBLIC PRESENT: Richard Elston, Terry Deamer White Knight Enterprises, Jereme Stiles Deputy Supervisor, John
Kaminski Supervisor, Gary Pelton Town Board Member, Adam Brown Codes Dept. Members of the public representing themselves:
Matthew Hollenbeck, Dick Bottoff, Lori & John Megivern, Eric Snow, Clayton & Susan Moore,
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 July 19,
2021. The Public Notice was read by the Virgil Planning Board Secretary, Alane Van Donsel.
NOTICE IS HEREBY GIVEN that a meeting will be held before the Town of Virgil Planning Board on 26 July 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 #21-33 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 26th of July 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 2428 & 2418 Kohne Road tax maps#125.00-01-
65.000 and 115.00-06-05.000. The property is owned by Richard S. Elston. The petitioner and refuted owner wishes to subdivide two
parcels by taking by moving a property line. Applicant owns both parcels of land with existing homes on them. The size of the property
line exceeds 10% of the lot size requiring a request for a minor subdivision. Chairman breed invited the property owner R. Scott Elston
to speak first. R. Scott Elston stated that he filled out an application to move a boundary line on two pieces of property that he owns.
Elston didn’t agree with the process. He asked if copies had been made and distributed to the board? Chairman Breed stated that the
town has gone paperless to help reduce costs. Elston state that the board members should have gone up and looked at the property.
Breed asked if there were stakes marking the new property lines. Elston said, no. Chairman Breed stated there wasn’t much they could
have looked at. Elston stated that the lot with five acres should never have been approved to begin with and he’s correcting the
situation. Chairman Breed opened the hearing to the public. Lori Megivern asked if the tires that are on the shared boundary line will
be removed. Elston stated that line is not being adjusted. Chairman Breed asked three times if there were any other comments and
there were none. The Public hearing ended at 7:10 PM
OLD BUSINESS: There was no old business on the agenda.
NEW BUSINESS:
RESOLUTION #21-33 NEGATIVE DECLARATION UNDER SEQR FOR THE PROPOSED SUBDIVISION OF 2418 & 2428 KOHNE ROAD:
Member Dale Taylor made a motion to approve a negative declaration on the SEQR review for the R. Scott Elston subdivision of tax
maps 125.00-01-65.000 & 115.00-06-05.000. Member Carole Lathrop seconded the motion. Vote: Ayes Chairman Breed, Members
Sirois, Baranello, Lathrop & Taylor. Nays: None Motion Carried
RESOLUTION #21-34 APPROVAL OF SUBDIVISION OF THE PROPERTY LOCATED AT 2418 & 2428 KOHNE ROAD: Member Dale Taylor
made a motion at approve the subdivision site plan of 2418 & 2428 Kohne Road tax map #’s 125.00-01-65.000 & 115.00-06-
05.000owned by R. Scott Elston. Chairman Breed wanted it read into the record that they have a response from the Courtland County
Planning board dated July 7th, 2021. They have reviewed the application determined the plan to be technically accurate and returned
the plan to the town of Virgil Planning Board for review. Board Member Sara Hollenbeck asked if there will be at least ten feet between
the neighbor and the new lot after the line is moved. Elston stated yes. The subdivision was approved. The motion was seconded by
Member Sara Hollenbeck. Vote: Ayes Chairman Breed, Members Hollenbeck, Baranello, Lathrop & Taylor. Nays: None Motion Carried
RESOLUTION #21-35 APPROVE PLANNING BOARD MINUTES FROM JUNE 28, 2021: Member Dale Taylor made a motion to approve
the planning board draft minutes from the June 28, 2021, meeting with the following corrections. Member Taylor mentioned that he
Virgil Planning Board Meeting July 26, 2021
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felt what was recorded in the minutes was inaccurate. He stated that the Planning Board Secretary quoted him as saying that “he was
sticking with Dick Bottoff his friend and voting no” what he felt he said was that he was sticking with the minority on the decision to
approve the conditional permit. He wanted that added to the minutes. Taylor mentioned that he received an Email from Planning
Board member Jim Barnello who felt he made a carless statement when he stated this and felt he owed an apology. Taylor also stated
that Mr. Barnello was hoping that Taylor wasn’t just sticking up for one person and disregarding the applicants’ desires. Taylor also
mentioned that Town Clerk Van Donsel said that she thought only one person complained and he felt this wasn’t true as there were
several people on the zoom meeting that had concerns. Taylor said that he hoped that the board knows he wasn’t standing up for just
one person, but for the minority. He feels that these folks have the right to live in his house with quiet enjoyment. Taylor felt that he
wanted these two statements changed. Member Lathrop asked if the secretary was going to change the minutes or add to the minutes,
and she stated she will add an amendment. The secretary also state that she needs to change a resolution number that is incorrect.
Member Carole Lathrop seconded the motion. Vote: Ayes Chairman Breed, Members Hollenbeck, Lathrop & Taylor. Abstain: Cook
Nays: None Motion Carried
FURTHER DISCUSSION: Member Taylor stated that Dick Bottoff was present, and he would you like to speak to the board. Mr. Bottoff
lives at 2943 Webb Road across from the gas station. Mr. Botoff stated that he came to the meeting to show support for Dale Taylor
and the Taylor was the only one opposing vote to the extension of time at the gas station. Bottoff wanted to state that he appreciates
Taylor. He also wanted to let the board know that he still not happy with the extended hours. Botoff stated that they haven’t changed
their hours as they seem to still be open 6:00 AM to 11:00 PM. However, he was unaware of the compromise of approving the
conditional permit cutting one hour at the end of the day.
DISCUSSION ON THE VIRGIL SCHOOL BUILDING: Mr. Terry Deamer presented to the Planning Board. Deamer thanked the board for
invitation. Deamer is interested in purchasing the Virgil School building and he has already made an offer to the Cortland Enlarged City
School District for the building. He wanted to get a feel from the community about having the Virgil School Building being converted
into luxury apartments, not low income. Brining High-end living to the country. He may potentially add a second story to the back
building maybe even a third story. This will put the property on the tax roll. He said the building has been shut down since 2019 and
the longer it sits empty the more work it will take to get it back up and running. The school district has kept it secure, there is 24-hour
camera surveillance, blue light and a key code pass. The big question he had heard from the community is residents continued use of
the playground and the walking trail. He would like to come to an agreement regarding the use of these items and the liability issue.
He would like to have it a community facility. He always sees kids playing on the playground and people using the walking trail. He said
that everything is preliminary, but he wanted to see if anyone had any questions. Community member Clayton Moore, who is also a
member of the Zoning Board of Appeals asked how many apartments he plans on having. Deamer stated that the school lends itself
to having 25-35, 1-to-3-bedroom apartments. Deputy Town Supervisor Jereme Stiles asked if it was listed for sale. Deamer said yes
and that he is trying to buy it at fair market value. He submitted a provisional offer subject to initial review last Monday through Yamen
Real Estate. The school district must receive approval from the bond company to make sure everything is legal. Stiles asked if Deamer
plans to subdivide the land. Dreamer said possibility. He said that long term he may add an additional building on the back side of the
property where the ball courts are now, creating a quad. He has no intention of changing the exterior of the building keeping the
esthetic appeal of the building, except he may add a sign. Town Board member Gary Pelton asked about the potential of low-income
housing. Deamer said that if low-income housing was built there would be different certain codes and rules and he is going down that
route. Stiles asked how this project is being funded. Deamer said it is all privately funded. Deamer said that If they do acquire the
building he will be living in one of the apartments. Deamer stated that he has renovated and sold many properties and he doesn’t
currently have any rental properties in his portfolio. HE said he doesn’t buy and flip, he does look for distressed properties that can be
developed according to what can be done. The name of his company is White Knight Enterprises. He has lived in Binghamton since the
3rd grade. Planning Board member Dale Taylor asked what Deamer will do with the gym, locker rooms and cafeteria. Deamer said he
does plan on having a community center where people can host birthday parties etc. He said he will have a kitchen, but not currently
where it is now, as that area would make a nice 2-bedroom apt. Taylor asked if he has done a feasibility study and where does he think
the tenants will be drawn from. Deamer said Binghamton, Ithaca & Syracuse. The rents will be around $1850 plus a month and up. He
said that the 2017 housing report showed a gap in upper end apartment and single-family homes in Cortland County. He is looking to
attract professors, engineers, doctors, and attorneys. 50 Front Street has 120 units, and they are completely full with a two-year
Virgil Planning Board Meeting July 26, 2021
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waiting list. The same with Ithaca. He is looking to add a covered parking lot and an electric car charging station. Deamer doesn’t
want to limit access to the playground, and he doesn’t plan on putting up any fencing. Stiles asked the time frame on the project.
Deamer said they are just in the due diligence state, and he doesn’t foresee a closing until January of February. Pelton asked again
about the community walking path. Deamer said he knows it’s an important topic and he wants to be a good community member. He
may investigate leasing the property to the town for a nominal fee or adding on the town as additional insured or signing a waiver. He
said the trail would be open certain hours. He knows where the wells and Septic are. Discussion continued about the building regarding
codes and green architecture. Deamer knows he will need a use variance and that he will have to go to the town board for overall
approval. Zoning officer Adam Brown said the current Zoning Law doesn’t allow any multifamily use in any district in the Town of Virgil.
Attorney Pat Snyder stated that Deamer would have to apply for a use variance. He said there is the argument that the building is
sitting there unused. This action would fall under the Zoning Board of Appeals with a use variance. Rezoning of the town is more
involved. Deamer is looking to spend 3-5 million on this project. Planning Board member Sylvia asked a bunch of questions regarding
State funding, Asbestos, and lead abatement. She asked why Virgil when there are other vacant buildings. Deamer said that most of
those school buildings are taken and one in Chenango Bridge needs to be torn down. they are already taken- That needs to be torn
down. Cook asked if the school district Is going to provide him with a deed, because there is no deed. It was stated that the school
district has owned the property since 1932. They must apply for a deed. Attorney Snyder stated that anyone can give you deed- the
question is the title any good? That’s where you go get title insurance. Snyder feels they can transfer the building. The DOT will be
consulted regarding the increase in traffic. The school has already submitted the paperwork to DASNY. Deamer said he is working with
Lori Widman, the business official from the school district. The offer was given on July 23rd, and he has 120 days to perform due
diligence. There can be a 30-day extension. Stiles asked Deamer if he can keep the town in the loop, as the school district has been
bad at communication. He said he is also interested in purchasing Parker School, he is working with the YWCA and CAPCO, but they
are running into issues with the bond issues. Discussion continued about the bonds.
With no further business to discuss, Member Breed asked for a motion adjourn the meeting at 8:12 PM. Member Taylor motioned to
adjourn. Member Hollenbeck 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 09/27/2021 and sent to the
Planning Board Members, Town Attorney and CEO on August 01, 2021