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MINUTES

Town of Vienna Planning Board - Regular Meeting

April 21, 2022

Call to order: Chairman Calvin Collins called the meeting to order at 7:14 pm with a quorum present.

Attendance:

Board Members: David Gigon, Calvin Collins, Orrin MacMurray, and Martha Link.

Bill Shaughnessy was unable to attend. There are two vacancies on the board.

Others: Secretary Kathy Pavelock, Liaison Gail Whitham, Zoning Officer Reay Walker, QCN Reporter Susan Halbritter, and applicants.

Minutes Approval:

A motion was made by Orrin MacMurray, seconded by Martha Link, to approve the March 17, 2022, regular meeting minutes. Poll Vote:

Orrin MacMurray – Aye Bill Shaughnessy – Absent Calvin Collins – Aye Martha Link – Aye Dave Gigon – Aye Vacancy 1 – n/a Vacancy 2 – n/a Motion Carried.

Correspondence:

Reminders were sent about the Local Government Conference. Chairman Collins commented reports indicated over 600 people in attendance and expressed that it is a good learning opportunity.

Public Hearings: None Unfinished Business:

Angelwood Estates, LLC, SUB2020-02; Myers & Associates; Major subdivision on Route 49 near Drive 6; Tax Map# 214.000-1-34. Darrin Smith from Myers explained the current plan for 6 lots on the south side of Route 49 with the remaining lands of 214.000-1-34 north of Route 49 remaining as a single lot. This is a total of 7 lots. The board reviewed the updated plat and Myers explained the planned easements for the driveways and utilities that are intended to reduce the number of permits from NYS DOT. Myers has filed for the highway permits for 2 driveways. The board waived the formal major subdivision requirement of a public hearing on the preliminary plat. This will allow for a single public hearing for this subdivision. The applicant was advised that a short environmental assessment form (SEAF) can be prepared. The applicant completed the form while the planning board continued the agenda items.

The planning board reviewed the completed SEAF part 1 and completed Part 2. Dave Gigon made a motion to declare the SUB2020-02 application as complete and waive the approval of the preliminary plat and move on to the Final Plat; declare TOV Planning Board as the lead agency, a negative environmental impact, and to schedule a public hearing for SUB2020-02 for May 19, 2022 at 7:10 PM. Motion was seconded by Orrin MacMurray. Poll Vote:

Orrin MacMurray – Aye Bill Shaughnessy – Absent Calvin Collins – Aye Martha Link – Aye Dave Gigon – Aye Vacancy 1 – n/a Vacancy 2 – n/a Motion Carried.

The applications were informed of the 239m referral process. This application will be sent to Oneida County Planning, NYS DOT, and NYS DEC. The agencies have 32 days to respond. The board will be able to take final action following the public hearing only if we have heard back from all the agencies.

New Business:

Beers, Keith Relot2022-02; Re-allotment for 3039 McConnelsville Rd, 183.000-2-2 (21.63 Acres) & 3045 McConnellsville Rd (Jason Wilson) 183.000-2-3 (2.12 Acres). Jeff Moore acting on behalf of the property owners presented hardcopies of the proposed re-allotment. The board reviewed the plat and agreed that it agreed with discussions held last month.

Orrin MacMurray made a motion to approve Relot2022-02 since it meets the requirements as a boundary adjustment as stated in the Subdivision law. Seconded by Dave Gigon.

Poll Vote: Orrin MacMurray – Aye Bill Shaughnessy – Absent Calvin Collins – Aye Martha Link – Aye Dave Gigon – Aye

Vacancy 1 – n/a Vacancy 2 – n/a Motion Carried.

Sketch Plan Reviews: None Other:

  • Zoning Law Updates – Orrin MacMurray provided a summary of the status of the proposed Zoning Law updates. At the April planning board meeting there was a resolution passed by the board to send the proposed updated Zoning Law to the Town Council. Since that time, there have been a few updates that may require that the board amend the resolution from April. Items discussed included:

    • Add a definition for Person Use Airstrips as requested by of Rick Mansfield. The board discussed adding “family” to this definition.

    • After discussing Tier II Solar Electric and Small Solar Thermal with Zoning/Codes Officer Reay Walker, the related zoning law as it relates to Special Use Permits versus Zoning Permit need some further consideration by the planning board. Special use permits will allow the planning board to ensure adequate screening and addressing neighbor concerns. Zoning permits issued by the Zoning Officer are more efficient. The proposed law includes screening that the Zoning Officer needs to address with the permit. Reay Walker also provided several other thoughts including providing requirements used in other towns and reminding the board that solar is considered a structure. Other towns require a special use permit in certain zones, require a 20,000 sq. ft. minimum for Tier II. The board then considered the information provided by Reay. Lot coverage restrictions should apply, Tier II covers solar arrays, the site plan review needs additional information in our zoning law, the Zoning Officer would use the Unified Permit Application for a Zoning Permit and use this application following approval of a special use permit.

    • A motion was made by Orrin MacMurray, seconded by Martha Link, to make the changes to the proposed Zoning Laws approved in the April planning board meeting as discussed, this evening including adding a definition for Personal Use Airstrip and to require a Zoning Permit for Tier II Solar Electric and Small Solar Thermal in Zones WR, RR1, RR2, and RR3 with a Special Use Permit required in all other zones. Poll Vote:

      Orrin MacMurray – Aye Bill Shaughnessy – Absent Calvin Collins – Aye Martha Link – Aye Dave Gigon – Aye Vacancy 1 – n/a

      Vacancy 2 – n/a Motion Carried.

    • Orrin MacMurray will present the proposed Zoning Law to the town council at 6 PM May 4, 2022. Matt Johnson, Tug Hill Commission, will make the revisions.

  • Cannabis Dispensaries – Orrin MacMurray reported that he attended the Local Government Conference Session related to cannabis. NYS will be issuing licenses for growers, but they have not issued any approved regulations yet. The draft regulations should be out soon; however, it is not expected to be finalized until 2023.The implementation of the new cannabis law will take time.

Public Comments: None

Next Meeting: May 19, 2022. Agenda items are due to the secretary by May 9, 2022.

Martha Link made a motion seconded by Dave Gigon to adjourn. All in favor. Motion carried at 8:32 PM.


Minutes prepared by: Kathy M. Pavelock /s/ Planning Board Secretary