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Home My WebLink About01-23-2023 PB Approved MinutesVirgil Planning Board Meeting January 23, 2023 1 | Page TOWN OF VIRGIL PLANNING BOARD MEETING January 23, 2023, 7:00 PM BOARD MEMBERS PRESENT: Planning Board Chair Mark Baranello, Board Members, Sara Hollenbeck, Carole Lathrup, Karen Cushman, and Mike Carboine OTHERS PRESENT: Alane Van Donsel Secretary APPLICANTS & PUBLIC PRESENT: Applicant’s Robert and Christine Applegate, Zoning Officer Adam Brown 7:00 PM THE PLANNING BOARD CHAIR MARK BARANELLO CALLED THE PUBLIC HEARING TO ORDER VIRGIL PLANNING BOARD SECRETRAY ALANE VAN DONSEL READ THE LEAGL NOTICE OUT LOAD: NOTICE IS HEREBY GIVEN that a meeting and public hearing will be held before the Town of Virgil Planning Board on January 23, 2023, 7 p.m. at the Virgil Town Hall 1176 Church Street, Virgil NY 13045. This meeting is being held to consider an application for a Minor Subdivision for 1751 Van Donsel Road, Cortland NY 13053 Tax Map# 137.00-02-02.000. Th applicant and owner wishes to subdivide 16.66 +/- acres from the existing 43.91 +/- acres. 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. APPLICANT ROBERT APPLEGATE EXPLAINED THE SUBDIVISION: Mr. Applegate explained that hey would like to sell a portion of his land to a friend who wishes to keep the subdivide parcel wild and do some shepherding. He stated that the land was originally subdivide and they consolidated the parcels and now they would like to separate them again in order to sell the land to their friend. Mark Baranello asked three times if there were any further comments, there were none. Chairmen Baranello closed the Public Hearing portion of the Planning Board meeting at 7:06 PM and opened the regular portion of the meeting. OLD BUSINESS: CORTLAND COUNTY’S RESPONSE TO THE PROPOSED SUBDIVISION OF THE APPLEGATES LAND: Chairman Baranello asked Planning Board Secretary Alane Van Donsel to read the county’s response to the proposed subdivision into the minutes: he staff of the Cortland County Planning Department reviewed the application for a Minor Subdivision requested by Robert & Christine Applegate for the purpose of subdividing 16.66+/- acres f om an existing 43.91+/- acre parcel. The property is described as 1751 Van Donsel Rd (Tax ID 137.00-02- 02.000) and is zoned ARC (Agricultural Residential Conservation) in accordance with The Zoning Law of the Town of Virgil, hereafter the Zoning Law. The staff has determined that this request has no State or County-wide impact. Therefore, this request is being returned to the Town of Virgil without going before the County Planning Board. If the Town of Virgil still feels that a full review by the County Planning Board is necessary, please contact the County Planning Department as soon as possible. The applicant is requesting a minor subdivision to subdivide 16.66+/- acres from an existing 43.91 +/-acre parcel. This minor subdivision will meet or exceed all lot design standards set forth in the Zoning Law and the Town of Virgil Subdivision Regulations. RESOLUTION #23-02 SEQR APPLEGATE: Alane Van Donsel, Planning Board secretary read through the questions on the short form SEQR form. Member Carole Lathrop made a motion to declare a negative declaration on the Applegate subdivision. The motion was seconded by Member Sara Hollenbeck. Vote: Vote: Ayes Baranello, Hollenbeck, Cushman, Lathrop and Carboine. Nays: None Motion Carried RESOLUTION #23-03 APPROVAL OF THE SUBDIVISION OF THE APPLEGATE LAND TAX MAP# 137.00-02-02.000: Member Karen Cushman made a motion to approve the subdivision of the Applegate’s Land tax map # 137.00-02-02.000 as planned with the stipulation that an updated survey must be submitted, signed by the Planning Board chair and filed with the Cortland County Clerk within 62 days of signing. The motion was seconded by Member Mark Baranello. Vote: Ayes Baranello, Hollenbeck, Cushman, Lathrop and Carboine. Nays: None Motion Carried REVIEW OF UPDATED SITE PLAN OF THE ICE CREAM STORE: The applicant of the ice cream store Daniel Haynes was not present. Baranello state that the map was an updated version of the site map with the added information that the Planning Board called for at the last meeting, but Baranello stated that he didn’t feel the drawings were up to par. Baranello was concerned if the drawings were good enough for the Code and Zoning Officers to enforce compliance with the way the maps are drawn. Carole Lathrop voiced her concerns as well. Mark Baranello stated that in retrospect he would have voted against approving the initial drawing. Attorney Dan Ellis asked if the site plan was approved with the condition that he provides the details in the new drawings. Baranello stated that it was approved provided they Haynes provides the details they enumerated. Baranello looked at the details in the site plan and compared them to the items that were spelled out in the motion and the items are all there, however Baranello feels it’s a lousy looking plan. Baranello said he was going to give Haynes a call, so that he shows up to present his revised plan and prove the validity if it. Baranello felt it was presented minimally and obscurely. Sara Hollenbeck stated she didn’t want to hold the project back from moving forward, but she does agree that he drawing could be more legible. Karen Cushman stated that there isn’t a screen drawn around the dumpster, so it’s masked from public view. Attorney Dan Ellis stated that the Planning Board and the Code officer need to be comfortable with the site plan in order to understand the conditions that have been placed on the plan so that they can be reinforced through out the building process and if there are any changes in the site plan, but he did state that they do not need to have a registered architect rendering the drawings as long as they meet the minimum standards of the zoning. Virgil Planning Board Meeting January 23, 2023 2 | Page MOTION TO TABLE THE APPROVAL OF THE UPDATED SITE PLAN FOR THE ICE CREAM STORE: Member Carboine motioned to table the review of the updated site plan of the ice cream store. Member Hollenbeck seconded the motion. Vote: Ayes Baranello, Hollenbeck, Cushman, Lathrop and Carboine. Nays: None Motion Carried RESOLUTION 23-04 PLANNING BOARD MINUTES FROM NOVEMBER 28, 2023: Member Sara Hollenbeck made a motion to approve the Planning Board minutes from 11-28-2023 as presented. Member Carole Lathrop seconded the motion. Vote: Ayes Baranello, Hollenbeck, Cushman, Lathrop. Abstain: Carboine. Nays: None Motion Carried DISCUSSION: Karen Cushman asked if the tractor trailer with the Greek Peak sign was removed, and it was stated that it was. Town Clerk and Planning Board secretary Van Donsel asked if the board might consider appointing a co-chair in the event that the Planning board chair Mark Baranello needs to miss a meeting. The board wanted to wait for all the Planning Board members to be present before making the decision. With no further business to discuss, Chairman Baranello asked for a motion adjourn the meeting at 7:37 PM. Member Carole Lathrop motioned to adjourn. Member Baranello seconded the motion. Vote: Ayes Baranello, Hollenbeck, Cushman, Lathrop. Nays: None Motion Carried 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 02-27-2023 and sent to the Planning Board Members, Town Attorney and CEO on 02-17-2023. • Approved on 02-27-2023