HomeMy WebLinkAbout11-22-2021 Planning Board Agenda PacketPlanning Board Members: Carole Lathrop, Mark Baranello, Sara Hollenbeck, Sylvia Cook,
Dale Taylor, Alternate Member: Karen Cushman
Agenda
1. Old Business
Discussion on: GML from Cortland County
Applicant: Daniel Haynes
Address of Property: 1764 Route 392
Tax Map# 127.00-04-01.000
Project: Applicant is seeking a Conditional Permit review for the purpose of building an
ice cream store with indoor seating.
Attachments:
Cortland County General Municipal Law (GML) Report (Virgil_CP_Haynes_Nov
_21.pdf)
Cortland County Planning Board RESOLUTION NO. 21-40 (RESOLUTION_Virgil
_CP_Haynes_Nov_21.pdf)
2. Discussion of Proposed Local Law #3 of 2021 A Local Law Amending the Town
Zoning Law
Attachments:
E-mail from a Virgil Resident (Email_from_Gary_Wood.pdf)
Proposed Local Law #3 of 2021 (Proposed_Local_Law_____of_2021.pdf)
3. Approve Minutes
Attachments:
Draft 10-25-2021 Planning Board Minutes (Draft_10-25-2021_PB_Minutes.pdf)
Draft 10-25-2021 Planning Board Index of Actions (Draft_10-25-2021_PB_Ind
ex_of_Actions.pdf)
4. Adjornment
| Agenda published on 11/17/2021 at 6:46 PM
Planning Board Agenda
Monday, November 22, 2021 at 7:00 pm
Cortland County Planning Department 60 Central Ave • Cortland, New York 13045-2838 Telephone: (607) 753-5043 TRISHA R. JESSET, PE Director of Planning email: tjesset@cortland-co.org
General Municipal Law (GML) Report
TO:
FROM:
RE:
Applicant:
SYNOPSIS -
Cortland County Planning Board
Cortland County Planning Department
GML# 127.00-04-01.000 -Conditional Permit
Daniel A Haynes, Jr.
2181 Washington Street
Cortland, NY 13045
Owner:
November 12, 2021
Daniel (Jr.) & Susan Haynes
2181 Washington Street
Cortland, NY 13045
Conditional Permit review for the purpose of building an ice cream store with indoor
seating. The property is described as 1764 Route 392 (Tax ID 127.00-04-01.000) within the Town
of Virgil and is zoned C (Commercial) and is within the Aquifer Protection District (Area II) in
accordance with The Zoning Law of the Town of Virgil, hereby the Zoning Law. The conditional
permit review is being referred to the Cortland County Planning Board because the property is located
within 500 ft. of NYS Route 392.
ANALYSIS -
The applicant is requesting a conditional permit so they may construct an ice cream store with
indoor seating. An ice cream store falls under the definition of Restaurant/Tavern in the Zoning Law
and Restaurants/Taverns are permitted with a conditional permit in commercial districts; therefore,
the applicant has applied for a conditional permit. The proposed use is not a prohibited or restricted
use in the Aquifer Protection District, therefore an aquifer protection district special permit is not
required.
Section 904 F of the Zoning Law requires a minimum of 20 off-street parking spaces per
1,000 square feet of restaurant/tavern use. As the proposed site plan shows a building of 864 square
feet (24 'x 36') and provides 13 parking spaces, it is recommended that the applicant provide a
minimum of 17 parking spaces on the site as required by Section 904 F of the Zoning Law or apply
for and obtain an area variance to waive this requirement. Section 1106.1 of the 2020 Building Code
of New York State requires a minimum of one (1) accessible parking space in parking facilities
providing 1 to 25 parking spaces. The submitted site plan exceeds this requirement by providing two
(2)accessible parking spaces.
Section 905 B of the Zoning Law requires all parking areas, passageways, and driveways
serving commercial or industrial uses to be adequately illuminated during the hours between sunset
and sunrise when the parking area is in operation. As the submitted material does not provide a
lighting plan, it is recommended that adequate lighting be provided for the parking area in compliance
1
ON THE MOTION OF Paul Slowey RESOLUTION NO. 21-40
Chuck Feiszli
GML# 127.00-04-01.000
Town of Virgil
Conditional Permit
Daniel A Haynes, Jr.
WHEREAS, on October 12, 2021 the Zoning Officer, Town of Virgil, pursuant to
General Municipal Law 239 M submitted an application for conditional permit because
the property is located within 500 feet of NYS Route 392, AND
WHEREAS, the Cortland County Planning Department has reviewed this
request and submitted a written report dated November 12, 2021, which is on file, AND
WHEREAS, the Cortland County Planning Board on November 17, 2021, held a
regular meeting with a quorum and did consider this request, AND
WHEREAS, the Cortland County Planning Board did thoroughly consider the
material submitted by the petitioner, Department comments and all other relevant
reports on file, NOW THEREFORE BE IT
RESOLVED, that the Board recommends approval of this application for
conditional permit for the purpose of building an ice cream store with indoor seating.
The approval of this application is contingent upon the following:
1. that the applicant provide a minimum of 17 parking spaces on the site as
required by Section 904 F of The Zoning Law of the Town of Virgil or apply
for and obtain an area variance to waive this requirement.
2. that adequate lighting be provided for the parking area in compliance with
section 905 B of The Zoning Law of the Town of Virgil.
3. that a dumpster enclosure be provided on site in compliance with section 608
C of The Zoning Law of the Town of Virgil.
4. that sufficient space be provided for future drive-in capabilities as per
section 623 of The Zoning Law of the Town of Virgil.
5. that any work done within the State right-of-way obtain a NYSDOT
Highway Work Permit.
6. that the proposal comply with the New York State Sanitary Code, the Sanitary
Code of Cortland County, and the Cortland County Health Department Rules
and Regulations.
7. that the applicant consult with the Cortland County Health Department to
determine whether a waiver is required for the minimum lot size
requirement of 350 feet in length and 300 feet in width as shown on Rule 3 of
the Cortland County Health Department Rules and Regulations.
8. compliance with SEQR requirements., AND
BE IT FURTHER RESOLVED, that the Board reminds the Town of Virgil the
requirements of General Municipal Law Section 239 M that a supermajority vote is
to be attained by the Town in order to approve this application unless every
contingency documented in this resolution is followed, AND
BE IT FURTHER RESOLVED, that the Planning Department is hereby
authorized to convey this action to the Zoning Officer, Town of Virgil.
_______________________________
Wendy Miller, Secretary
Cortland County Planning Board
November 17, 2021
Ayes: 10 (Members Swisher, Bertini, Miller, Harbin, Feiszli, Discenza, Hans, Comfort, Dries,
and Slowey)
Nays: 0
Abst.: 1 (Member Haynes)
TOWN OF VIRGIL
has received a new message.
Name
Gary Wood
Email: From Gary Wood
Message
My Friends: I am going to weigh in, lightly, on the school. Since we are we "are where we are", I think your
idea of changing the zoning is the best you can do. And hope that it stands up against a charge of spot
zoning if it should occur.
However, I suggest that you consider "senior housing" instead of just multi-family. I'm basing this on the
apparent success of the high school conversion in Groton that was done in the 1980s. I was the Village
CEO at the time so I'm well aware of the difficulties. But our building has advantages such as single-story,
already air conditioned, and asbestos has been abated(?). Also, there was HUD money then and I've no
idea if this is still the case.
I have no idea how financially successful it is, or how well occupied. What I do know - the exterior is well
maintained (there have even been some improvements in the last two years) and the Village Police don't
have to frequently respond there!
Finally, I think this might give us some D-E-I "points". I'm suspicious that the Biden administration is going
to pick up where the Obama administration left off trying to override local zoning for this cause (i.e.
Westchester County lawsuits). At least it can't hurt.
I expect to support, to the extent I can, whatever you decide to do. Let me know if I can help.
Gary
Device
desktop
Language
en-US
Submitted from
Town board
PROPOSED LOCAL LAW NO. _____ OF THE YEAR 2021
11.64
A LOCAL LAW AMENDING The Town of Virgil Zoning Law
Be it enacted by the Town Board of the Town of Virgil as follows:
SECTION 1. The town board of the Town of Virgil finds and determines that:
(a) A petition has been made to the Town Board that the former Virgil School property be
rezoned to allow for multi-family housing. The property is presently zoned neighborhood residential.
(b) The school property presently consists of 2 tax map parcels – 126.14-02-20.110
containing approximately 3 acres, and 126.14-02-21.000 containing approximately 4.6 acres.
(c) The school building is on the 4.6-acre parcel and it has not been used as a school since
approximately ________.
(d) The school building is not presently being used and the Cortland school district has
offered the property for sale.
(e) The town board is concerned that the building be put to a productive use and be added
to the tax rolls.
(f) The town board finds that converting the school building to multi-family housing is
consistent with the Town comprehensive plan and in the public interest.
(g) The Virgil zoning law does not presently have any provisions to allow for multi-family
housing anywhere in the Town. Consequently, the zoning law should be amended to allow it in at
least one area of the town.
(h) A resolution was duly adopted by the town board of the Town of Virgil on ________
fixing _________ on _______, in the Town Hall, 1176 Church Street, Cortland, New York, 13045
as the time and place for a public hearing to be held by the town board with respect to this Local
Law amending the with reference to multi-family housing.
(i) Notice of said public hearing was duly published in the Cortland Standard, the official
newspaper of the Town on _______________, and duly posted on the Town Clerk’s signboard
maintained by the Town Clerk.
(j) The within Local Law has heretofore been referred by the town board to the Cortland
County Department of Planning pursuant to the provisions of section 239-m of the General
Municipal Law on or about _____________________.
(k) The Cortland County Department of Planning has issued a report, in response to said
referral with reference to this Local Law.
(l) The report of the Cortland County Department of Planning found that
____________________________________________________________________________.
(m) The within Local Law has heretofore been referred by the town board to the Planning
Board of the Town for recommendation in relation thereto on or about _____________.
(n) The Planning Board of the Town found that
____________________________________________________________________________.
(o) A copy of said report of the Planning Board of the Town shall be retained on file in the
office of the Town Clerk.
(p) A public hearing was duly held by the tow board at the time and place fixed therefor,
and all parties in attendance had an opportunity to be heard in relation thereto.
(q) Pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State
Environmental Quality Review Act) it has been determined by the town board that
adoption of the within Local Law would not have a significant effect upon the environment and
could be processed by other applicable governmental agencies without further regard to the State
Environmental Quality Review Act.
(r) The town board, after due deliberation, finds it to be in the best interests of the Town to
adopt the within Local Law.
SECTION 2. The Town of Virgil Zoning Law, duly adopted by the Town of Virgil on [date]
and thereafter amended from time to time, be and the same is hereby further amended as follows:
a) Article V, Section 501 is hereby amended to add a new zoning district:
MF – Multi Family
b) Article V is further amended to add a new section 591:
Section 5910- Multi-Family
The town board may, from time to time, and at its discretion, rezone an area to allow
for multi-family housing. Any petition to rezone to the MF classification shall meet any and
all conditions imposed by the Town Board. Following any such rezoning, the petitioner’s
plans must receive site plan approval from the planning board.
SECTION 3. The Cortland School property known as tax map no. 126.14-02-21.000 and
consisting of approximately 4.6 acres is hereby rezoned from neighborhood residential (NR) to multi-
family (MF).
SECTION 4. This local law shall take effect upon being filed by the New York Secretary of
State.
Virgil Planning Board Meeting October 25, 2021
1 | P a g e
TOWN OF VIRGIL PLANNING BOARD MEETING
October 25, 2021, 7:00 PM
BOARD MEMBERS PRESENT: Planning Board Chair Mark Baranello, Board Members Sylvia Cook, Sara Hollenbeck and Member Taylor
Abesnt Carole Lathrop
OTHERS PRESENT: Alane Van Donsel Secretary, Patrick Snyder Town Attorney & Alternate Karen Cushman.
APPLICANTS & PUBLIC PRESENT: Daniel Haynes, Adam Brown Codes Dept. John Kaminksi Town Supervisor, Jereme Stiles Deputy
Supervisor, Dan Ellis, Members of the public representing themselves Gary Stramba, Sandy Stramba, Travis Stramba.
7:00 PM –THE PLANNING BOARD MEETING WAS CALLED TO ORDER BY THE PLANNING BOARD SECRETERY
RESOLUTION #21-51 APPOINT PLANNING BOARD CHAIR: Member Taylor Made a motion to appoint Mark Baranello as planning Board
Chair. Mark Baranello accpeted. Member Cook seconeded the motion. Vote: Ayes Chairman Baranello, Members Hollenbeck, Cook,
Taylor. Nays: None Motion Carried
THE PUBLIC HEARING WAS CALLED TO ORDER
Planning Board Chair Mark Baranello 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 the proposed project.
RESOLUTION #21-52 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 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. Discussion: Daniel
Haynes 1174 Rte 392 spoke about his project. He states that it is in a commercial zone and that he has plenty of room to build on the
lot. Haynes stated that everyione he speaks to about the project seems interested. Sandy Stramba, who owns the property next to
the site questioned the plans. She is wondering where the septic would be placed. She owns 11 acres on one side and she . has a
farming operation. She is concerned that there maybe septic runoff on her property. Her Farm is 300 feet from the property line.
Haynes didn’t have a septic design. It was stated that the septic design need to be submitted to the county. Stramba stated that there
needs to be a water runoff plan as well. There hadn’t been a GML prepared to submit to the county. Chairman Baranello asked three
times if there were any other comments about the Haynes project. There were none and the public hearing was closed at 7:07 PM
OLD BUSINESS.
RESOLUTION #21-53 APPOVE THE SIGNING OF THE SEGA SUBDIVISION FROM 06-25-2021: Member Taylor made a motion to approve
the resigning of the subdivision maps that were approved on 06-25-2021 so the plans can be filed with the Cortland County Clerk.
No changes were made to the original maps. Member Sylvia Cook seconded the motion. Vote: Ayes Chairman Baranello, Hollenbeck,
Cook & Taylor. Nays: None Motion Carried
NEW BUSINESS:
RESOLUTION #21-54 TABLE OF THE SITE PLAN REVIEW OF THE PROPRTY LOCATED AT 1764 RTE. 392 TAX MAP#127.00-04-01.000:
There was discussion among the board regarding this project. Member Sara Hollenbeck made a motion to table the site plan review
to build an icecream store with indoor seating located at 1764 RTE 392 Tax Map # 127.00-04-01.000. The motion was seconded by
Member Syvia Cook. Vote: Ayes Chairman Baranello. Members Hollenbeck, Cook & Taylor. Nays: None Motion Carried Discussion:
There was discussion among the board regarding this project.
RESOLUTION #21-55 APPROVE PLANNING BOARD MINUTES AND INDEX OF ACTIONS FROM SEPTEMBER 27, 2021: Member Cook
made a motion to approve the planning board draft minutes and Index of actions from the September 27, 2021. Member Hollenbeck
seconded the motion. Vote: Ayes Chairman Baranello, Members Hollenbeck & Cook Abstain: Taylor Nays: None Motion Carried
FURTHER DISCUSSION: Town Supervisor Kaminksi stated that a law needs to be put in place to allow multiple dwelling in the town of
Virgil. A public hearing will be held before the next town board meeting on Nov. 11th. Member Cook asked if this could be considered
spot zoning. Attorney Snyder didn’t believe so as the town is dealing with a situation that is already there. He said they would be
dealing with one parcel and one building and they are dealing with a building that is not beng used. Discussion continued on this
matter.
With no further business to discuss, Member Baranello asked for a motion adjourn the meeting at 7:48 PM. Member Taylor motioned
to adjourn. Member Cook seconded the motion. Vote: Ayes: Chairman Baranello, Members Taylor, Cook and Hollenbeck. Nays: None
Respectfully Submitted by,
Alane Van Donsel
For Alane Van Donsel
Planning Board Secretary
Draft of these minutes were attached to the upcoming planning board meetings agenda for 11/22/2021 and sent to the
Planning Board Members, Town Attorney and CEO on November 18, 2021
Submitted via E-mail to: Applicants, CEO & ZO & Atty. on 11/18/2021 AV
Alane Van Donsel | SECRETARY
INDEX OF PLANNING BOARD ACTIONS-2021
TOWN OF VIRGIL, CORTLAND COUNTY, NY
Meeting
Date
Action
No.
Description of Action
10/25/2021 21-51 RESOLUTION #21-51 APPOINT PLANNING BOARD CHAIR: Member Taylor Made a
motion to APPOINT Mark Baranello as planning Board Chair. Mark Baranello
accepted. Member Cook seconded the motion. Vote: Ayes Chairman Baranello,
Members Hollenbeck, Cook, Taylor. Nays: None Motion Carried
21-52 RESOLUTION #21-52 A PUBLIC HEARING WAS CALLED: A public hearing was heard
on the project located at 1764 RTE. 392 tax map#127.00-04-01.000. The public
hearing was CLOSED at 7:07 PM
21-53 RESOLUTION #21-53 APPOVE THE SIGNING OF THE SEGA SUBDIVISION FROM 06-
25-2021: Member Taylor made a motion to APPROVE the resigning of the
subdivision maps that were approved on 06-25-2021. Member Sylvia Cook
seconded the motion. Vote: Ayes Chairman Baranello, Hollenbeck, Cook & Taylor.
Nays: None Motion Carried
21-54 RESOLUTION #21-54 TABLE OF THE SITE PLAN REVIEW OF THE PROPRTY LOCATED
AT 1764 RTE. 392 TAX MAP#127.00-04-01.000: Member Sara Hollenbeck made a
motion to TABLE the site plan for the property located at 1764 RTE 392 Tax Map #
127.00-04-01.000. The motion was seconded by Member Syvia Cook. Vote: Ayes
Chairman Baranello. Members Hollenbeck, Cook & Taylor. Nays: None Motion
Carried
21-55 RESOLUTION #21-55 APPROVE PLANNING BOARD MINUTES AND INDEX OF ACTIONS
FROM SEPTEMBER 27, 2021: Member Cook made a motion to APPROVE the planning
board draft minutes and Index of actions from the September 27, 2021. Member
Hollenbeck seconded the motion. Vote: Ayes Chairman Baranello, Members Hollenbeck &
Cook Abstain: Taylor Nays: None Motion Carried
Member Taylor motioned to ADJOURN the meeting at 7:48 PM. Member Cook
seconded the motion. Vote: Ayes: Chairman Baranello, Members Taylor, Cook and
Hollenbeck. Nays: None
___________Alane Van Donsel_____________Alane Van Donsel, Planning Board Secretary