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Home My WebLink About10-25-2021 Planning Board Agenda PacketPlanning Board Members: Carole Lathrop, Mark Baranello, Sara Hollenbeck, Sylvia Cook, Dale Taylor, Alternate Member: Karen Cushman Agenda 1. Appoint Planning Board Chair & Welcome New Member Karen Cushman 2. Public Hearing Attachments: Published Legal Notice for the 10-25-2021 Planning Board Meeting (Legal_ Notice-_PB_10-25-2021.pdf) 3. Old Business a. Prior Application Approved Plans Need to be filed with the County: Sega Minor Subdivision: Approved on 06-25-2021 Name of Applicant: James P. Sega & Jennifer S. Sega, Trustee of Sega Family Real Estate Trust Address of Property: 1168 Route 392, Dryden NY 13053 Tax Map# 135.00-01-28.000 Zoned: ARC Description of Project: This subdivision was approved on 06-25-2021. A copy of the Planning board minutes and the index of action are attached to this agenda. The plans were never filed with the county. The applicant wishes to sell this parcel and needs to have the plans resigned and dated, so they can file with the Cortland County Clerk. Attachments: Approved Minutes from 06-25-2018 (6-25-18_Approved_Minutes.pdf) Original Sega Application (Sega_Subdivision.pdf) Planning Board Index of Actions from 06-25-2021 (06-25-2018_Actions. pdf) Sega County Referal (Sega_subdivision-06152018130429.pdf) Sega Survey Map (Sega_Survey_-_portion_showing_subject_parcel.pdf) Planning Board Agenda Monday, October 25, 2021 at 7:00 pm 4. New Business a. Application Applicant: Daniel A, Haynes Jr. Property Owner: Daniel A. Haynes Jr. Property Location: 1764 Rte. 392 Tax Map No.: 127.00-04-01.000 Zoned: C Description of Project: Applicant is looking to build and ice cream store with indoor seating. A site plan has been attached and has been reviewed by the county. Attachments: 1764 Rte. 392 Application (1764Route392GML2ndreview.pdf) 5. Approve Minutes Attachments: 09-27-2021 Index of Actions (09-27-2021_Index_of_Planning_Board_Actions.pdf) Draft of Planning Board Minutes from 09-27-2021 (2021_PB_Minutes_Septem ber._27__2021._Draft_2__docx.pdf) 6. Adjornment | Agenda published on 10/19/2021 at 1:24 PM Cortland Standard Printing Co. Cortland Standard Invoice #: 00f2eef4 Date: 10/15/2021 Bill To TOWN OF VIRGIL Customer Email townclerk@virgilny.org Description Publish Date Amount PUBLIC 10/21/2021 $19.96 Affidavit(eMail)1 $25.00 Affidavit(Mail)0 $0.00 Please remit checks payable to: Cortland Standard Printing Co. PO Box 5548 Cortland, NY 13045 Total: $44.96 MEETING & PUBLIC HEARING OF THE PLANNING BOARD NOTICE IS HEREBY GIVEN that a meeting and public hearing will be held before the Town of Virgil Planning Board on October 25, 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 the following application: Daniel A. Haynes Jr. is seeking a site plan review of a proposed Ice cream store with indoor seating. The parcel is located at 1764 RTE. 392 tax map#127.00-04-01.000. 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. Alane Van Donsel Virgil Town Clerk on Behalf of The Virgil Planning Board Page 1 of 3 TOWN OF VIRGIL PLANNING BOARD Minutes of Regular Meeting - Monday, 25 June 2018 – 7 PM Town Hall – 1176 Church Street – Virgil, NY 13045 Board Members (*absent) Others Present Jeffrey Breed, Chairman Patrick Snyder, Town Attorney *Carole Lathrop Joan Fitch, Board Secretary *Ann Howe Kevin McMahon, Town CEO Mark Baranello Dale Taylor Vacancy, Alternate Applicants & Public Present David Forehand & Chuck Feiszli, PE, for Reigning Miracle Ministry, LLC, Applicant; Tyler & Stephanie Beck, Applicants; Joseph Sega for James & Jennifer Sega, Applicants; Sarah Dean. 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 Reigning Miracle Ministry, LLC, Applicant/Reputed Owner – 2981 Douglas Road – TM #105.00-07-12.000 – Site Plan Review & Conditional Permit for Proposed Religious Education Building (Reference is made to the December 2017, January, March, April and May 2018 Minutes of this Board for additional information regarding this application.) Chairman Breed brought everyone up to date on this project; the SEQRA was completed, and the Town Board has acted on the Local Law for latest application. Engineer Charles Feiszli advised those present that the applicant has received approval from the Health Department for both the water and wastewater systems, copies of which have been received and placed on file for the record. CEO Kevin McMahon commented that the only issue left is septic and water sizing vs. the occupancy rating. This will be ascertained on his next visit. Member Mark Baranello asked when construction was expected to start, and Mr. Forehand responded as soon as everything is approved—hopefully before the end of summer. CEO McMahon advised that complete plans were needed in order for a Permit. Town Attorney Patrick Snyder stated that the applicant must come before this Board for approval of the Site Plan. Member Baranello asked about emergency access; Mr. Forehand explained how this was laid out. There are 25 spaces with additional handicapped spaces. Potential parking for the future was discussed, and Mr. Forehand responded that they have other areas that could be used for this, and understand they will have to come back before this Board if additional parking will be needed. In response to someone’s question, Mr. Forehand affirmed that the new building will be used for church services. A motion was then made by Member Baranello to approve the Site Plan for the proposed religious education building as revised April 2018. The motion was seconded by Member Taylor, with the vote recorded as follows: Ayes: Chair Breed Nays: None Member Baranello Member Taylor Absent: Member Lathrop Member Howe Motion carried. This becomes Action #21 of 2018. (T) Virgil Planning Board – Minutes of Regular Meeting 25 June 2018 Page 2 of 3 Tyler & Stephanie Beck, Applicants/Russell Beck, Reputed Owner – Holler Road – TM #126.00-11-12.120 – Minor Subdivision It is noted for the record that the required Area Variance for a parcel with less road frontage than allowed was granted by the Town’s ZBA at their previous meeting this date. Chairman Breed recognized Mr. Beck who was seeking approval of a Minor Subdivision as requested in their application, resulting in an 8.5± A. parcel subdivided from an 87± A. parcel (owned by his father). 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 Baranello, with the vote recorded as follows: Ayes: Chair Breed Nays: None Member Baranello Member Taylor Absent: Member Lathrop Member Howe Motion carried. This becomes Action #22 of 2018. Chairman Breed acknowledge receipt of a 1 May 2018 Memo from the Cortland County Health Department, returning the subdivision request to the Town for local determination. A motion was made by Member Baranello to approve the Minor Subdivision, as requested. The motion was seconded by Member Taylor, with the vote recorded as follows: Ayes: Chair Breed Nays: None Member Baranello Member Taylor Absent: Member Lathrop Member Howe Motion carried. This becomes Action #23 of 2018. Matthew Libbey, Applicant/Matthew Libbey & Kathy Jo Small, Reputed Owners – 2670 US Route 11 - TM #118.00-01-35.000 – Area Variance It is noted for the record that this item was placed on tonight’s Agenda in error. Reference is made to Action #5 of the Town of Virgil’s Zoning Board of Appeals meeting, 25 June 2018. No Action Required. James P. & Jennifer S. Sega, Applicants & Trustees/Sega Family Real Estate Trust, Reputed Owner – 1668 NYS Route 392 – TM #125.00-01-27.120 – Minor Subdivision Chairman Breed recognized Joseph Sega, representing the applicants who were seeking approval of a Minor Subdivision as requested in their application, resulting in the subdividing of a 98.8±- acre parcel into two parcels containing 95.8± acres and 3± acres. 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 Taylor, with the vote recorded as follows: (T) Virgil Planning Board – Minutes of Regular Meeting 25 June 2018 Page 3 of 3 Ayes: Chair Breed Nays: None Member Baranello Member Taylor Absent: Member Lathrop Member Howe Motion carried. This becomes Action #24 of 2018. Chairman Breed acknowledge receipt of a 15 June 2018 Memo from the Cortland County Health Department, returning the subdivision request to the Town for local determination. A motion was made by Member Baranello to approve the Minor Subdivision, as requested, conditioned upon the subdivision meeting all Town requirements. The motion was seconded by Member Taylor, with the vote recorded as follows: Ayes: Chair Breed Nays: None Member Baranello Member Taylor Absent: Member Lathrop Member Howe Motion carried. This becomes Action #25 of 2018. APPROVAL OF MINUTES – 21 MAY 2018 A motion was made by Member Taylor to approve the (T) Virgil Planning Board Minutes of 21 May 2018, as submitted. The motion was seconded by Member Baranello, with the vote recorded as follows: Ayes: Chair Breed Nays: None Member Baranello Member Taylor Absent: Member Lathrop Member Howe Motion carried. This becomes Action #26 of 2018. ADJOURNMENT At 8:05 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 Approved 8/27/18 & emailed to Town Clerk Emailed to Town Supv., Town Clerk, Town Attorney, CEO & Planning Board Secretary on 8/30/18. Submitted via E-mail to: Applicants, CEO & ZO & Atty. on 09/13/2021 AV Alane Van Donsel | SECRETARY INDEX OF PLANNING BOARD ACTIONS-2021 TOWN OF VIRGIL, CORTLAND COUNTY, NY Meeting Date Action No. Description of Action 09/27/2021 21-45 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 23rd of August 2021, at 7 p.m. at the Virgil Town Hall 1176 Church Street, 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. Applicants Jean C. Young and Daniel A. Haynes Jr. are seeking a site plan review of a proposed subdivision of two parcels located on RTE. 215 tax map#126.10-01-50.100 and 126.10-01-05.200. The petitioners are looking to take approximately 3.5 acres on the west side of RTE. 215 tax map # 126.10-01-05.100 and add it 2188 Rte. 215 tax map 126.10-01-05.100. 21-46 Member Carole Lathrop motioned to APPROVE the application provided the conditions on the setbacks are met. Member Mark Baranello seconded the motion. Vote: Ayes Chairman Breed, Members Baranello, Lathrop & Cook. Sara Hollenbeck abstained from voting. Nays: None Motion Carried 21-47 Member Mark Baranello made a motion to declare a NEGATIVE DECLARATION on the SEQR review site plan review a proposed subdivision of Tax Map #’s 126.10-01- 50.100 AND 126.10-01-05.200. Member Sylvia Cook seconded the motion. Vote: Ayes Chairman Breed, Members Hollenbeck, Baranello, Lathrop & Taylor. Nays: None Motion Carried 21-48 Member Sara Hollenbeck made a motion to APPROVE the site plan review of the proposed subdivision to consolidate two parcels located on RTE 215 Tax maps 126.10-01-50-20.100 and 126.10-01-05.200. The motion was seconded by Member Sylvia Cook. Vote: Ayes Chairman Breed, Members Hollenbeck, Baranello, Lathrop & Cook. Nays: None Motion Carried 21-49 Member Sylvia Cook made a motion to APPROVE the planning board minutes from the August 23, 2021, meeting with the following corrections. Sara Hollenbeck had abstained in the Resolution #21-40 Hollenbeck Hollow vote. Member Mark Baranello seconded the motion with the above correction noted. Vote: Ayes Chairman Breed, Members Hollenbeck, Baranello, Cook. Abstain: Lathrop (not present for last meeting) Nays: None Motion 21-50 Member Sara Hollenbeck made a motion to APPROVE the planning board index of actions from the August 23, 2021, with correction. Member Sylvia Cook seconded the motion with the above correction noted. Vote: Ayes Chairman Breed, Members Hollenbeck, Baranello, Cook. Nays: None Motion Member Sylvia Cook motioned to ADJOURN the Planning Board meeting at 7:53 PM. Member Mark Baranello seconded the motion. Vote: Ayes Chairman Breed, Members Hollenbeck, Cook, Baranello & Taylor. Nays: None Motion Carried ___________Alane Van Donsel_____________Alane Van Donsel, Planning Board Secretary Submitted via E-mail to: Applicants, CEO & ZO & Atty. on 09/13/2021 AV Alane Van Donsel | SECRETARY Virgil Planning Board Meeting September 27, 2021 1 | Page TOWN OF VIRGIL PLANNING BOARD MEETING September 27, 2021, 7:00 PM BOARD MEMBERS PRESENT: Planning Board Chair Jeffrey Breed, Board Members Carole Lathrop. Sylvia Cook, Sara Hollenbeck and Mark Baranello, Member Dale Taylor was excused. OTHERS PRESENT: Bonnie Haines filling in for Alane Van Donsel Secretary, Patrick Snyder Town Attorney APPLICANTS & PUBLIC PRESENT: Matthew Hollenbeck, Daniel Haynes, Dan Ellis. Members of the public representing themselves. 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 at the Virgil Town Hall and on the Virgil Website and in the Cortland Standard. The adjoining neighbors were all notified by letter for both projects. RESOLUTION #21-45 A PUBLIC HEARING WAS CALLED: NOTICE IS HEREBY GIVEN that a meeting and public hearing will be held before the Town of Virgil Planning Board on the 27th of September 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: 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. Discussion: Matthew Hollenbeck briefly discussed what his plan entailed. Chairman Breed asked three times if there were any comments from the community on project. The public hearing for Hollenbeck Hollow was closed at 7:03 PM. 2. Applicants Jean C. Young and Daniel A. Haynes Jr. are seeking a site plan review of a proposed subdivision of two parcels located on RTE. 215 tax map#126.10-01-50.100 and 126.10-01-05.200. The petitioners are looking to take approximately 3.5 acres on the west side of RTE. 215 tax map # 126.10-01-05.100 and add it 2188 Rte. 215 tax map 126.10-01-05.100. Mr. Haynes explained the project, Mrs. Young was not available. Chairman Breed asked three times if there were any comments from the community on project. The public hearing for Hollenbeck Hollow was closed at 7:05 PM. OLD BUSINESS: RESOLUTION #21-46 APPROVAL OF THE SITE PLAN REVIEW OF PROPRTY LOCATED 1265 STATE ROUTE 392 HOLLENBECK HOLLOW: Attorney Patrick Snyder stated that a SEQR would not be warranted on this item because the structures in question are less than 4000 square feet. Member Carole Lathrop motioned to accept the application provided the conditions on the setbacks are met. Member Mark Baranello seconded the motion. This item was submitted to the Cortland County planning department on August 6th. It was returned and determined that the request is both technically adequate and has no state or county-wide impact and is therefore being returned to the Town of Virgil without County Planning review. Vote: Ayes Chairman Breed, Members Baranello, Lathrop & Cook. Sara Hollenbeck abstained from voting. Nays: None Motion Carried NEW BUSINESS: RESOLUTION #21-47 NEGATIVE DECLARATION UNDER SEQR FOR THE SUBDIVISION OF THE PROPERTY LOCATED ON RTE. 215 TAX MAP#126.10-01-50.100 AND 126.10-01-05.200: Member Mark Baranello made a motion to declare a negative declaration on the SEQR review site plan review a proposed subdivision of Tax Map #’s 126.10-01-50.100 AND 126.10-01-05.200. Member Sylvia Cook seconded the motion. Vote: Ayes Chairman Breed, Members Hollenbeck, Baranello, Lathrop & Taylor. Nays: None Motion Carried RESOLUTION #21-48 APPROVAL OF SUBDIVISION OF THE PROPERTY LOCATED ON RTE. 215 TAX MAP#126.10-01-50.100 AND 126.10- 01-05.200: Member Sara Hollenbeck made a motion to approve the site plan review of the proposed subdivision to consolidate two parcels located on RTE 215 Tax maps 126.10-01-50-20.100 and 126.10-01-05.200 with the condition that the parcel resulting on the east side of rte. 215 be consolidated the parcel to the south into one tax map ID. The motion was seconded by Member Sylvia Cook. Vote: Ayes Chairman Breed, Members Hollenbeck, Baranello, Lathrop & Cook. Nays: None Motion Carried FURTHER DISCUSSION: Mark Baranello wanted to disclose a current situation in regard to the Elston subdivision. Baranello felt that Haynes should be aware of numerous errors were made by the surveyor. Baranello felt that it is important that the lines are accurate and not contested in the future. Baranello brought this up because he noticed that the two surveys used the same surveyor. Baranello felt that accuracy is important to avoid a future issue. Attorney Patrick Snyder commented the quality of the surveyors can vary drastically. RESOLUTION #21-49 APPROVE PLANNING BOARD MINUTES FROM AUGUST 23, 2021: Member Sylvia Cook made a motion to approve the planning board minutes from the August 23, 2021, meeting with the following corrections. Sara Hollenbeck had abstained in the Resolution #21-40 Hollenbeck Hollow vote. Member Mark Baranello seconded the motion with the above correction noted. Vote: Ayes Chairman Breed, Members Hollenbeck, Baranello, Cook. Abstain: Lathrop (not present for last meeting) Nays: None Motion RESOLUTION #21-50 INDEX OF ACTIONS FROM 08-23-2021: Member Sara Hollenbeck made a motion to approve the planning board index of actions from the August 23, 2021, with correction. Member Sylvia Cook seconded the motion with the above correction noted. Vote: Ayes Chairman Breed, Members Hollenbeck, Baranello, Cook. Nays: None Motion Virgil Planning Board Meeting September 27, 2021 2 | Page DISSCUSSION: Chairman Breed announced that this is his last meeting as the Town Planning Board Chairman for Virgil as he is moving on Friday. He said he thoroughly enjoyed his 15 years on the board and the connections he has made. With no further business to discuss, Member Breed asked for a motion adjourn the meeting at 7:40 PM. Member Mark Baranello motioned to adjourn. Member Carole Lathrop seconded the motion. Vote: Ayes: Chairman Breed, Members Baranello, Cook, Hollenbeck and Lathrop. Nays: None Respectfully Submitted by, Bonnie Haines For Alane Van Donsel Planning Board Secretary • Draft of these minutes were attached to the upcoming planning board meetings agenda for 10/25/2021 and sent to the Planning Board Members, Town Attorney and CEO on October 19,2021