MINUTES

Town of Vienna Planning Board - Regular Meeting

January 20, 2022

Call to order: Orrin MacMurray acting chairman for Calvin Collins called the meeting to order at 7:00 pm with a quorum present. David Gigon took notes in the absence of Secretary Pavelock.

Attendance:

Board Members: Orrin MacMurray, Bill Shaughnessy, Mike Piper, and David Gigon..

Calvin Collins and Martha Link were unable to attend. There is one vacancy on the board.

Others: Liaison Gail Whitham, Supervisor Mike Davis, QCN Reporter Sue Halbritter, and several residents. Secretary Kathy Pavelock and Zoning Officer Reay Walker were unable to attend.

Supervisor Remarks:

Supervisor Davis briefed the board of recent appointments and reappointments to the Town Council, Planning Board, and vacancies. Supervisor Davis introduced Gail Whitham as the planning board liaison.

Supervisor Davis distributed copies of the Town Ethics Law. He explained that the law is to be distributed to every employee (paid and unpaid) that employees are to acknowledge receipt of the law. This activity has not been done in the past. To rectify this oversight, Supervisor Davis requested that planning board members sign the acknowledgement form and submit the signed copies to him.

Secretary Pavelock will coordinate this activity for those not present at tonight’s meeting. Supervisor Davis shared a tentative plan for “Cannabis.”

Supervisor Davis left the meeting hall.

Minutes Approval:

A motion was made by Mike Piper, seconded by Bill Shaughnessy, to approve the December 16, 2021, regular meeting minutes with corrections related to the Zoning Law updates. Poll Vote:

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. Myers was not in attendance. Supervisor Davis stated earlier, the town clerk received a message they would not be in attendance. Tabled to next meeting.

Local Gas, LLC (Tom Kilts), SUP2021-07 – Special Use Permit at 2020 NYS Rte. 49; 217.017-1-57. Addition of a lean-to on the side of existing pole barn. Tom Kilts was not in attendance. Tabled to next meeting.

New Business:

DiCastro, Jim; SUB2022-01; 2-lot subdivision at 4148 Oswego Rd; Tax Map# 202.000-1-3.6. A 6.56-acre lot to be subdivided into a 2.45-acre lot with a house and a 4.11-acre lot with a garage and warehouse.

Mr. DiCastro inquired about joining town boards and the residency requirements. He then provided a history of the property and future plans. The board discussed lot lines, adjoining properties, and an adjoining right-of-way. Acting Secretary Gigon discovered another set of plans and distributed them to the board. The board reviewed part 1 of the short form Environmental Assessment form and proceeded to complete part 2.

Bill Shaughnessy made a motion to declare a negative environmental impact, that the planning be lead agency and to schedule a public hearing February 17, 2022 at 7:10 PM for SUB2022-01.

Seconded by Mike Piper. Poll Vote:

Behr, Adam; Also on the agenda was Adam Behr who discussed a possible re-allotment with Secretary Pavelock. No application was submitted and Mr. Behr was not present at the meeting.

Sketch Plan Reviews: None Other:

• Definition of “Re-allotment.”

  The Board discussed this topic based on past discussions that took place at the December Planning Board Meeting. Mac contacted the Town Attorney regarding the need for a plot plan to be submitted for reallotments prepared by a surveyor and showing the parcels impacted in their entirety as well as the reallotted land. The Town Attorney agreed and recommended that the Planning Board request such information in order to determine if the parcels, after the reallotment is complete, will meet the requirements of the Town Zoning Law and that no nonconformities are created by the reallotment.

  Further, Mac contacted two licensed Land Surveyors who have done work recently in the Town and asked their opinion on providing such a plot plan. Both agreed this is appropriate and in accordance with best practice. By consensus of the Board members present, it was agreed that such a plot plan must be provided in the future as a part of applications for a reallotment..

• Zoning Law Updates

  Orrin MacMurray provided an update on the status of the proposed Zoning Law updates and provided copies of the draft revisions and a commentary on the revisions. He provided an overview of the two documents to the board.

  Mike Piper stated he attended the recent Comprehensive Plan Committee meeting and provided a summary of the progress on the comprehensive plan.:

  Mac contacted Oneida County Planning for their input regarding a “239m” re-submittal requirements. Re-submittals are not required.

  Mac requested that the board members review the documents and provide comments back to him by the first part of the week. We are tentatively planning for a public information meeting on March 9 at 6 pm with a target date of March 17 to finalize the draft and send it to the Town Council. The Town Council is then responsible for completing a new SEQR, hold a public hearing, and to take final action. Mike asked if the Town Attorney will review the proposed update. Mac stated that this was up to the Town Council.

• Cannabis Dispensaries.

  Bill Shaughnessy presented a new article from Buffalo on Marijuana Laws. Bill explained there is little guidance available at this time. Rick Mansfield questioned what “dispensaries” are and if cannabis is going to be grown here. Bill explained that the state has not yet provided definitions and he is actively doing research on this topic. This will continue to be a topic of discussion on future planning board meetings.

• 31st Local Government Conference.

Dave provided an overview of the annual conference to be hold this year at Turning Stone. Secretary Pavelock will coordinate registrations for all those interested in attending.

Public Comments:

Dean Marachion – Asked about Cannabis. Stated the Village of Sylvan Beach has decided to opt out of consumption sites

Rick Mansfield – Inquired when the revised Zoning Laws will be on the town website.

Next Meeting: February 17, 2022. Agenda items are due to the secretary by February 10, 2022.

Mac informed the board that he will be unavailable to attend the February meeting. With Chairman Collins out of town, Mac recommended that Dave chair the February meeting. Those members present at his meeting agreed.

Bill Shaughnessy made a motion to adjourn. Seconded by Dave Gigon. All in favor. Motion carried at 8:12 PM.

Minutes prepared from notes taken by Dave Gigon.

Kathy M. Pavelock /s/

Planning Board Secretary