HomeMy WebLinkAbout08-28-2023 Planning Board Meeting PacketPlanning Board Members: Chair Mark Baranello, Carole Lathrup, Dale Taylor, Sara Hollenbeck,
Karen Cushman Alternate: Mike Carboine
Agenda
1. Public Hearing
Attachments:
Notice of Public Hearing (LEGAL_NOTICE-_Public_Heairng_of_PB_08-28-2023.pdf)
2. Old Business
a. Application
Applicant: Erin Farley
Propety Owner: Erin Farley
Property Location: 2267 Rte 215
Tax Map No.: 126.00-09-03.000
Zoned: ARC
Description of Project: Applicant and owner Erin Farley wishes to subdivide 11.12-acres into
two lots. One will be 5.52 acres with 264’ feet of road frontage and the other will be 5.6- acres
with 265’ of road frontage. The Applicant will appear in front of the Zoning Board of Appeals at
6:00 PM for an Area Variance for relief from the Zoning Law requirement of the 350’ average
width size of lots.
Attachments:
Application for a Minor Subdivision (2267_Rte._215_Application_for_a_Minor_Subdi
vision.pdf)
Subdivision GML Application (2267_Rte_215-_Subdivision_GML_Referral_From.pdf)
County Planning's Recomendations (Virgil.Farley.2267NYSRoute215.AV.pdf)
Short Environmental Form Part 1 (2267_Rte._215_SEQAR_Part_1.pdf)
Subdivison Map (2267_Rte._215_Subdivision_Map.pdf)
3. New Business
NONE
4. Approve Minutes
Attachments:
Planning Board Agenda
Monday, August 28, 2023 at 7:00 pm
Draft of the Planning Board Meeting Minutes from 07-24-2023 (07-24-2023_PB_Minutes__
2nd_Draft__.pdf)
5. Adjornment
| Agenda published on 08/22/2023 at 1:08 PM
MEETING AND PUBLIC HEARINGS OF THE VIRGIL ZONING BOARD OF APPEALS AND
THE VIRGIL PLANNING BOARD
NOTICE IS HEREBY GIVEN that a meeting and a public hearing will be held before the
Town of Virgil’s Zoning Board of Appeals and the Virgil Planning Board on August 28, 2023, at the
Virgil Town Hall 1176 Church Street, Virgil NY 13045. The Zoning Board of Appeals meeting starts
at 6:00 PM, followed by the Virgil Planning Board at 7:00 PM. The meetings and public hearings
are being held to consider the following applications:
1. The applicant and owner Erin Farley is seeking a variance from the Zoning Board of
Appeals regarding the lot width of a minor subdivision of tax map# 126.00-09-03.000. The
applicant applied to the Planning board for the subdivision on July 24, 2023. The
applicants proposed two lots meet the required road frontage, but not the average lot
width which is required to be 350' under current zoning law.
2. The Applicant and owner Eric Farley will appear before the Virgil Planning board for an
application for a minor subdivision site plan review to split tax Map# 126.00-09-03.000
into two lots, if she is granted a variance from the Virgil Zoning Board. The applicant
wishes to divide an 11.12-acre parcel into two separate parcels. One parcel will be
approximately a 5.52-acre parcel with 264' of road frontage and the other will be
approximately a 5.6 acres parcel with 265' of road frontage.
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 hearings.
Alane Van Donsel
Virgil Town Clerk on Behalf of
The Virgil Zoning Board of Appeals and the Virgil Planning Board
Dated: 08-14-2023 posted at the Virgil Town Hall
Posted in the Cortland Standard 08-18-2023
Virgil Planning Board Meeting July 24, 2023
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TOWN OF VIRGIL PLANNING BOARD MEETING
AND PUBLIC HEARING
July 24, 2023, 7:00 PM
BOARD MEMBERS PRESENT: Planning Board Chair Mark Baranello, Board Members, Karen Cushman, Dale Taylor, Sara Hollenbeck,
and Carole Lathrop
OTHERS PRESENT: Alane Van Donsel Secretary, Attorney Dan Ellis, Zoning Officer Adam Brown
APPLICANTS PRESENT: Applicant’s Erin Farley, Jean Ellsworth
PUBLIC PRESENT: Jessica and Chris Pecone
7:00 PM THE PLANNING BOARD CHAIR MARK BARANELLO OPENED THE PUBLIC HEARINGS:
Virgil Town Clerk and Planning Board secretary Alane Van Donsel read the legal notice. Posted in the Cortland Standard on July 15,
2023, and at the Virgil Town Hall on July 12, 2023: NOTICE IS HEREBY GIVEN that a meeting and a public hearing will be held before
the Town of Virgil Planning Board on July 24, 2023, 7 p.m. at the Virgil Town Hall 1176 Church Street, Virgil NY 13045. The meeting
and public hearing is being held to consider the following applications:
1. An application for a minor subdivision site plan review to split tax Map# 126.00-09-03.000 into two lots. The property owner and
applicant Erin Farley wishes to divide an 11.12-acre parcel into two separate parcels. One parcel will be approximately a 5.52-acre
parcel with 264' of road frontage and the other will be approximately a 5.6 acres parcel with 265' of road frontage.
2. An application for a minor subdivision site plan review for a minor subdivision of a 14.73-acre lot tax Map# 116.00-01-43.100. The
owner and applicant Jean Ellsworth wishes to subdivide off 7.02 acres, selling it to his neighbor. The lot will then become part of the
neighbor’s existing lot and there will be no change in the road frontage or use of the property.
3. An application for a site plan review of tax map# 139.00-01-03.200, to build a campsite on 3.2 acres located on RTE 392 and the
Tioughnioga River. This application will only be considered if the applicant and owner Michael Ten Kate is granted an area variance
from the Zoning Board of Appeals at the meeting held on 07-24-2023 at 6:00PM. The applicant wishes to build a small four-unit
campground on 3.2 acres with no water or sewer hook-ups, but will provide electricity, install 3’X3’ sign and have an unpaved, non-
treated road to access the camp sites. (Application #3 was tabled by the Virgil Zoning Board of Appeals and will not be heard by the
Virgil Planning Board this evening.)
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 hearings.
1 An application for a minor subdivision site plan review to split tax Map# 126.00-09-03.000 into two lots. The property owner and
applicant Erin Farley wishes to divide an 11.12-acre parcel into two separate parcels. One parcel will be approximately a 5.52-acre
parcel with 264' of road frontage and the other will be approximately a 5.6 acres parcel with 265' of road frontage. Chairman Mark
Baranello stated that this portion of the meeting is for the applicant to present to the public and the board will listen to the applicant
and to the public. The board will discuss that application later in the meeting. Applicant Erin Farley spoke. She stated that she would
like to subdivide 11.12 acres into two building lots for single family houses. Chairman Baranello stated that the lots do meet the
qualifications. She would like to sell one of the parcels.
Jessican Pecone Virgil Resident 2301 State Route 215: Pecone stated that she lives next door to the applicant. She had concerns that
the application did not disclose that the land is in a hundred-year flood plain. She has concerns about building on the property and
how it might impact the surrounding land. She is concerned about having two septic systems on the property. She also noticed that
the average lot width of one of the lots does not meet the 350’ lot width minimum as stated in the zoning law. Chairman Baranello
close the first public hearing at 7:11 PM.
2. An application for a minor subdivision site plan review for a minor subdivision of a 22 -acre lot tax Map# 116.00-01-47.000. The
owner and applicant Jean Ellsworth wishes to subdivide off 7.02 acres, selling it to his neighbor. The lot will then become part of the
neighbor’s existing lot and there will be no change in the road frontage or use of the property. Chairman Baranello opened the second
public hearing for 2554 Route 215 Subdivision. Jean Ellsworth owner of the 22+ acres of land that he wishes to subdivide. Currently
he is leasing approximately 7 acres of land to his neighbor as a pasture for the horses. The neighbor wants to buy the land to put a
barn for his horses. The land is landlocked, and the land can only be used by the applicant or current lessor. Ellsworth brought a
certified map for the board to look at. Selling off the 7.2 acres will leave him with slightly over 15 acres. He stated that he had originally
had 29 acres, but after having the land survey he found out that the neighbor’s mobile home was on his property, so he had to sell 7
acres to him. Chairman Mark Baranello asked three times if there were any further comments, as there were none, Mr. Baranello
closed the public hearing at 7:15 PM
OLD BUSINESS: None
NEW BUSINESS:
7:15 PM PLANNING BOARD CHAIR MARK BARANELLO OPENED THE REGULAR PORTION OF THE PLANNING BOARD MEETING: The
Planning Board discussed the first application for a minor subdivision of 2267 Route 215. Chairman Barnello consulted the Town’s
legal counsel Daniel Ellis regarding the lot width size. Baranello asked if that was reduced when the road frontage requirement was
reduced from 350’ to 250’. Attorney Ellis stated that lot road frontage size was changed in 2105, but he wasn’t sure with the lot width
size was changed at the same time. Looking up the zoning law, Ellis saw that it states that the average minimum lot with size needs to
be 350’. It was stated that the county didn’t return anything on this project. Zoning Officer Adam Brown stated that the 100-year
flood plain concern was addressed by the county, and he stated that there are no restrictions on building in a flood plain. However, a
builder would need to meet certain criteria. After looking at the Zoning Law and the Local Law that change the road frontage size, he
stated that the current lot width size is 350’ minimum. Chairman Baranello stated that he felt it wasn’t intended to be that way. Brown
stated that he felt it was an oversite. Member Sara Hollenbeck noted that the Pecone’s property to the North is only 143 feet wide.
Attorney Ellis stated that he doesn’t believe that the proposed 5.52-acre lot will not meet the 350 average feet in width, so this item
Virgil Planning Board Meeting July 24, 2023
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will need an area variance from the Zoning board of appeals. The board agreed that this should have been changed when the road
frontage was changed. Chairman Baranello stated that it was good that it has been brought to their intention. Attorney Ellis pulled up
Local Law #3 of 2018 that changed the road frontage size. He found that the Local law did not address the average lot width size, only
the road frontage size was reduced to 250’.
MOTION TO TABLE THE MINOR SUBDIVISION FOR 2267 ROUTE 215 TAX MAP# 126.00-09-03.000: Member Dale Taylor made a
motion to table the application for a minor subdivision due to the lot width size of one of the lots. This application will need to go
before the Zoning Board of Appeals for a variance or the Local law needs to be changed. Chairman Baranello seconded the motion.
Vote: Ayes, Baranello, Cushman, Taylor, Hollenbeck, Baranello and Lathrop. Nays: None Motion Carried
Discussion Continued on the topic of the oversite of the lot width size. A recording of this meeting can be listened to and is available
to the public on the town of Virgil’s website through a link to Laserfiche.
RESOLUTION #23-021 APPROVAL OF A NEGATIVE DECLARATION ON PART II OF THE SHORT ENVIRONMENTAL ASSESSMENT FORM
FOR TAX MAP #116.00-01-47.000 FOR THE PROPERTY CURRENTLY OWNED BY JEAN ELLSWORTH: Member Dale Taylor made a
motion to approve that the proposed action will not result in any significant adverse environmental impacts based on the information
and analysis of the short Environmental Assessment Form and supporting documentations. Member Carole Lathrop seconded the
motion. Vote: Ayes Baranello, Cushman, Taylor, Hollenbeck, Baranello and Lathrop, Taylor. Nays: None Motion Carried
RESOLUTION #23-022 APPROVAL OF THE MINOR SUBDIVSION/LOT LINE ADJUSTMENT FOR TAX MAP#116.00-01-43.100 FOR THE
PROPERTY CURRENTLY OWNED BY JEAN ELLSWORTH: Member Sara Hollenbeck made a motion to approve the subdivision/ lot line
adjustment for tax map #’s 116.00-01-47.000 as presented, with the condition that that the subdivide lot is consolidated with tax map
# 116.00-01-47.000. Does say to be consolidated with ethe adjoining lot. Member Karen Cushman seconded the motion. Vote: Ayes
Baranello, Cushman, Taylor, Hollenbeck, Baranello and Lathrop, Taylor. Nays: None Motion Carried
RESOLUTION #23-023 PLANNING BOARD MINUTES FROM JUNE 26, 2023: Member Dale Taylor made a motion to approve the
Planning Board minutes from 06-26-2023 with corrections. Member Sara Hollenbeck seconded the motion. Vote: Ayes Baranello,
Cushman, Taylor, Hollenbeck, Baranello and Lathrop, Taylor. Nays: None Motion Carried
FURTHER DISCUSSION: Dale Taylor voiced a concern regarding the noise from Greek Peaks bike racing over the past weekend. Taylor
stated that he lives far away from Greek Peak, but he heard about a 100 little dirt bikes racing starting at 5:30 AM until 10:30 PM. He
said that he is surprised that more people didn’t complain. He knows there is not a noise ordinance in Virgil, but he feels there should
be quiet hours in place. He feels that events like this are disrupting the people who pay taxes here. Very loud. He said that races were
on Sunday, but people started rolling in on Thursday. Taylor doesn’t think that a law needs to be put in place, but he does feel that
there should be quiet hours set. He feels that it is forgotten that there are people who live here year-round. Zoning officer Adam
Brown stated that he will bring it up.
With no further business to discuss, Chairman Baranello asked for a motion adjourn the meeting at 7:48 PM. Member Dale Taylor
motioned to adjourn. Member Mark Baranello seconded the motion. Vote: Ayes Baranello, Cushman, Taylor, Hollenbeck, Baranello
and Lathrop, Taylor. 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 08-28-23 and sent to the
Planning Board Members, Town Attorney and CEO on 08-22-23