HomeMy WebLinkAbout08-04-1993ri,
Wednesday, August 04, 1993 7:00 P.M.
PUBLIC HEARING
AQUIFER PERMIT - MARSHALL CO.
NO. 4 OF 1993
EXIT 10 TRUCKSTOP - POLKVILLE
A Public Hearing was held by the Town Board of the
Town of Cortlandville on August 4, 1993 at 7:00 p.m. at
the Town Hall, 15 Terrace Road, Cortland, New York with
Supervisor Raymond Thorpe presiding.
Members present: Supervisor, Raymond Thorpe
Councilman, Edwin O'Donnell
Councilman, Theodore Testa
Councilman, John Pilato
Town Clerk, Pauline Parker
Absent:
Councilman, Ronal Rocco
Also in attendance were: Town Attorney, Phillip
Rumsey; CEO, Bruce Weber; Highway Superintendent, Carl
Bush; Attorney David Adinolfi; Newsreporter, Douglas
Burt; Owner, Theodore Marshall; and town residents
Richard Race, Robert Harter and others of the Polkville
area.
The Public Hearing was called to order by
Supervisor, Raymond Thorpe at 7:00 p.m.
The Town Clerk read aloud the Legal Notice as
posted and filed.
Supervisor Thorpe explained the request for the
Aquifer Permit from the Marshall Co. on Route 11 in
Polkville. They want to place an additional third
10,000 gallon #2 fuel storage tank at their existing
auto truck plaza.
Supervisor Thorpe offered privilege of the floor to
those in attendance.
Richard Race, a property owner next to the
business, expressed concern of expanding the business,
and requested the permit be denied. He explained that
there has been disregard for zoning laws and
environmental laws. Mr. Race presented pictures of
uncovered, overflowing drums, to the Town Board to
confirm their concerns, and explained them.
Last year there was a lot of dust to deal with
because much of the parking lot was not paved. Residents
of the area discussed this problem with the manager and
owners. No attempt was made to solve the problem. The
Skyliner Diner, located across the road, paved some of
their area and had loads of gravel hauled in to keep
their area clean and free of dust.
Mr. Race reported that he contacted NYS DEC in
Albany. He was advised that they did not have a permit
for bulk storage of petroleum.
Because they have not received any cooperation from
Exit 10 Truckstop, Mr. Race requested the Town Board to
assist the residents of the area concerning the air
pollution and prevent further ground contamination of
the area.
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AQ- TFEP j CO. PA G J.
TIleoc,ort; arsh�` C, K �� 0 n b e 1 _:,a I f his b, ;-is iness
and -PeraT.: . -o.-L. He t, _`i a t e h a s L) r k e, d harl",
operate ar- sal.-e and clean ffdcjillity11 e
L s ac J .LTIV-Lted thp -.,:iwrl Br)F�l. N e m,'.o e r:, o t. Y
-,,e wla. _rying be a good neigl-,,bor
T, I-b(--'I-)ind Mr Marsha--'
bus nf_-) o p 1) o , e t Aqui.-Fer Perm4 being issues;.
E
He show,�d. t_p.e "Down 2, a -,,: d a sample liquid that
flour are: up,.'ji runt 1 c. a t, e di on '.he: Marshall p,.-or,.Grt-;, . He
JNate_ 007,
S4La t e d 4- C
Mils Cr -:,F'Ca',,se or th-E rple.la.ler In. w 1, c h
I)ey are e i _1
0 t I c c, n c. r ms e r e it e a r d regarding i G� I f
h (.-) ul s e, k, e., e L, H%' -,ric) 17 S mok J_ -1 g " s -igns _,-eai any
of '_-hc,� -Fue, now havF_
'r- e �� -,,- 1,7 e,--, t at 14T Y S DEC !T,ace -a F,
ris p e C t C)!..l y
I S 0 T) e 1 U U.,:l No =Mplaints were
F r -u h heard other :-'r),an hens asr_,_mg us em'love a mi., h:_i
has been)
2R11 c 1 1 a r i . -R a twat. -l"n e, r e a -2- e r, I a -, 7 -v, 4ng
r --,- etc, are an
c 1-i j- 1 dr e i ar-Ca n a th e a i k s
attract
v e u 41- Sn c e C u, d thev. be -required to i-_rect
the proper f cr i..,,a.ke it a safe and secure area to
prevent c"t, e i f r c , n 4..r1,:_4 t 1-i r (a ?
4 ,
lz L e r C011171.ients Cr quest Lors
T h e, 2-- e ]',� (�., _. .'.-19, 1_1 ( i 1, nL.
S,.j. p er v is !Ao" '; t? s._..iax. C t he P i b I i c T! e a r i n g c 1 e d
T he _.I-'_-_ j 4 r i g i v a C . 1. c 1 s. e. di E,,,, 7 -, 20 p.m.
L
Wednesday August 4, 1993 7:20 P.M.
PUBLIC HEARING
PLANNED UNIT DEVELOPMENT (PUD) APPLICATION
ROBERT SWARTWOUT - WHISPERING RAILS
A Public Hearing was held by the Town Board of the
TOwn of Cortlandville on August 4, 1993 at 7:20 p.m.at
the Town Hall, 15 Terrace Road, Cortland, New York with
Supervisor Raymond Thorpe presiding.
Members present: Supervisor, Raymond Thorpe
Councilman, Edwin O'Donnell
Councilman, Theodore Testa
Councilman, John Pilato
Town CL•erk, Pauline Parker
Absent: Councilman, Ronal Rocco
Also in attendance were: Town Attorney, Phillip
Rumsey; CEO, Bruce Weber; Highway Supt., Carl Bush;
Attorney David Adinolfi; Newsreporter, Douglas Burt;
Robert Swartwout and Town residents of the Polkville
area.
The Public Hearing was called to order by
Supervisor Raymond Thorpe at 7:20 P.M.
The Town Clerk read aloud the Legal Notice as
posted and filed.
Supervisor Thorpe apprised those in attendance that
he has received notification from Chairperson, Katherine
Wickwire, of the Cortlandville Planning Board, of their
approval of this application with conditions.
Supervisor Thorpe offered privilege of the floor to
those in attendance.
The conditions set by the Town Planning Board were
read. Robert Swartwout agreed with those conditions.
No .further comments nor questions were heard.
Supervisor Thorpe declared the Public Hearing
closed.
The Public hearing was closed at 7:25 p.m.
1
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AUGUST 4, 1993
RESOLUTION #131
TOWN BOARD
DECLARE
IMPACT
PAGE 2
POSSIBLE ENVIRONMENTAL
- AQUIFER SPECIAL PERMIT #4
- MARSHALL CO.
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, an Aquifer Special Permit application was
submitted by Marshall Co. for their property located on
Route 11 S. in Polkville, for an additional 10,000
gallon fuel storage tank, and
WHEREAS, a Public Hearing was duly held by the Town
Board, and
WHEREAS, the Cortlandville Town Board, as Lead Agent,
reviewed the short Environmental Assessment Form,
therefore
BE IT RESOLVED, the Town Board does hereby declare the
proposed project of Marshall Co. could have a
significant adverse impact on the environment, and
further
RESOLVED, the Supervisor of the Town of Cortlandville is
hereby authorized and directed to sign the SEQRA form.
There was some discussion concerning the Aquifer
Permit request for Marshall Co. A review was made of
the Town Planning Board's decision, and the County
Planning Board.
Supervisor Thorpe read information from an
inspection report dome by the County Health Dept. in May
of 1993. Several violations were identified at that
time.
It was the consensus of the Town Board that until
more information is received from other agencies, a
decision cannot be made. Does contamination exist now?
Is improved housekeeping methods the answer? Will they
do this?
RESOLUTION #132 DENY AQUIFER PERMIT #4 OF 1993 -
MARSHALL CO. - EXIT 10 TRUCKSTOP -
__ ROUTE 11 S. - POLKVILLE
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
WHEREAS, an Aquifer Permit was submitted by Marshall Co.
to place an additional 10,000 gallon, above ground
storage tank at their existing auto truck plaza, and
WHEREAS, a Public Hearing was duly held and many
concerns were expressed by neighbors and other involved
agencies,. therefore
BE IT RESOLVED, the Town Board does hereby deny Aquifer
Permit #4 of 1993, submitted by Marshall Co. based on
concerns in the records related to environmental
housekeeping problems and the fact that existing, non-
conf irrning fuel tanks are not being upgraded or
improved, and further
RESOLVED, that the Town CEO shall notify the applicant
that the purchased 10,000 gallon tank must be removed
from the premises immediately.
10 1
T T G If 2T 4, 1:.'? I -PO A G E j
C, 1-1 1-; J.. 1 m a rL 0 Donnell iiiade a motion, seconded !--)y
C o u -.n c 11 m a n `.Test", to receive and file the 3. P, t t e r
wire, chairperson of L-
rece.ved Katherine Wi-c'-l" L .lie
Town Planning Board, in regards t- a Robert S0wartwout's
PUD applicat-i-oln for "Whispering- rails". All voting aye,
the motioj wa-v carried.
RE�;OrUTTON #133. APrRO'VE PUD ""IPPLICATION FOR ROBEERT
WHISPERING RAILS"
Motion by Councilman O'Donnell
`econded by Councilman Pilato
"OTE'�': )'-'.LL AYE ADOPIPED
I WHEREAS, a I P lanned 'Trit Development (PUD) application
has been reL:eived from Roh)ert- Swartwout for his propose(;
7
proJect to b -located on Rt- #281 andi Fisner Ave., ane.
WHRREAS, the necessary agencies have -reviewed and made
arca a Public Hearing las been held,
t he r e f o re
BE IT RESOLIV74D, the To�,ii-1 Board does 'nereby approve the
P1LJD appl i a 4, ;. ( -Jn -
L.-r(,'Ce_`Ved -from Robert Swartwout for' h I
proj-ec -. k now as "Whispering Rails" with the
conditions of t-he Cort-landville Planning Board:
h i io s- a n d i n cj water a i.7:. n m e J
the draiz.,age swan"
2. Everg.,?ei, Trees o-.[ no less tirla-,n 4±" in
spaced no more 20' apart ` w 111 1 be p__Ja-nteCO
` -- f b ,,if e e e P D 1 �, t In, e --,- e, a r P -- (D a a L" u V
.7B e 11 D, v ro r -1-J. ez s a the r P t i o 3 3 of
at:h Dr.lve owner. These trees are
V
r
1 a r t e h i., mo--'-ithS of acceptance of
-i ot *_Le roes; h)-,7 the Town Board.
4"_34 RECE171,-ED ACKNOWLEDG'EMEINT FRO11,11 STATE
OF NEW YGERK AND REC'EIPT OF LOCAIL. LAW
N 1 0.
Motion by C c� a nc i 1 mi a --. -1 0 ' Donned
Seconded by C'ouncil Imar, Testa
VOTES : ALL AYE ADOPTED
BE IT RESOLVE, cal Law Acknowledgei-i,ent _ha,��,
been. rece'.ve('i. from N'Y.'S Dept. of State concerning Local
1 9 11 3 f
RL H S 0 L V E D , t la e, 'n, ot 41 f i c ai-_ -44. o n -; h -fD 11 b e r e C ee i v e d and f _4 I e-3 .
o u ri c 7 1 T, rl T e s t El d -,I d
- lac d, e a m ot I on, sec
counc 'i
-; , - c- -i d -F e P e t t :-r e c e a..
opp.,Ds-Lng "one a n,,--, f i i s e e t for Asses.sm t 'n, e 1992
, -1
I`�'_(_)Ione Co. All vot-�n( v c--,,
tax roll, 4:
L"le Mot-o-,�
-Iade -,.otiun, seconded 1-y
a Petition irOM
Frl_end"ty TL,, r
21 voting ave, the r-,iot-.on,
Carr. ieQ',
The -v%7as served on t1ie Town agains`:_ 'he
Board of A s s e s s of s a n C_' the Board or Assessment Review,
on J -L1 I v 2 0 , 19913. ThE petition was i,_-1 o
e i,..
assessments.
10Z
AUGUST 4, 1993 TOWN BOARD
PAGE 4
Councilman Testa made a motion, seconded by
Councilman O'Donnell, to receive and file a Petition
opposing the Assessment of Ames Department Stores, Inc
Store #243. All voting aye, the motion was carried.
RESOLUTION #135 AMEND RESOLUTION #100 REGARDING
NEW ALUMINUM PLATE BOX CULVERT
Motion by Councilman_ O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
WHEREAS, Per Town Board Resolution #100, adopted on June
2,1993, the Highway Supt. was hereby authorized to
award the bid to Capital Highway Materials in the amount
of $50,303.60, to purchase one aluminum structural plate
box culvert pipe, and
WHEREAS, not included in the bid was the cost for Head
Walls and Wing Walls, therefore
BE IT RESOLVED, the Highway Supt. is hereby authorized
and directed to purchase the head walls and wing walls
and amend the authorized fee payment to $56,991.60.
RESOLUTION #136 APPROVE PLUMBERS APPLICATION FOR
JOHN BERGERON
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, an application has been submitted by John
Bergeron, 2426 E. River Road, Homer, New York, for
authorization to install water and sewer services in the
Town, and
WHEREAS, such application included references and
previous experience, therefore
BE IT RESOLVED, that the application submitted by John
Bergeron is hereby approved and his name shall be added
to the approved plumbers list of the Town of
Cortlandville.
RESOLUTION #137 RESOLUTION TO BE PAID ALL OF TOWN'S
SHARE OF COUNTY SALES TAX
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
RESOLVED, that the Town of Cortlandville pursuant to Tax
Law Section 1262 elects to be paid directly all of its
share of County sales taxes which would otherwise be
applied to reduce the County taxes levied upon real
property in the town of Cortlandville, and be it further
RESOLVED, that pursuant to Town Law Section 1262, this
resolution shall be effective commencing with calendar
year 1994, and it is further
RESOLVED, that the Cortlandville Town Clerk shall
forward a certified copy of this Resolution to the
Cortland County Treasurer and Cortland County Director
of Real Property Tax Services by registered or certified
mail before September 1, 1993.
1
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,A',jJGUST 4, l(_',91�"! -OWN 201"ll-'D P A G, E
RESOLUTION 'tl 33 ^ E Ett AQUIFER 'PERMIT F GUT(=,SS
L T M B � R "r _,'O THE TOWN AND COUNTY
P.-,,ANNI7TG BOARDS AND SET DATE FO-P
fl
HEARING
Motion by Counc-'Iman Testa
E,econrlec by Councilman "Donnell
DOTES: ,7AYE ADOPTED
WHEREAS, ut,cliess Lumber has submitted an applic-a t 4 n,
for an Acui-fer Permit, therefore
BE IT R E 7 VLlD 'that t" -1-i i f e A q u e permit be referred t c
the Town anC. C'ount-,Y '-Lllann--ng -Boards frOr their review and
recoinmen,_7,aticns , an. -I
4
FURTHER RESOI-JVED, a Public hearing shal]. be set.
Septei-tilber 1, 1993 at 7:00 p-ir,.
RESOLUTION #1139 REFER AQUIFER PERMIT OF 02 T.:,, ..-.c
WCOD PRODUCTS TO TOWN AND
COUNTY PLANNING BOARDS AND SET
DATE FOR A PUBLIC HEARING
'r .,i o t J_ o L by Councilman 0 ' ID o n n e I
Seconded ]_ay Councilman 1=lilato
V .0 T FS -. _lkLL AYE ADOPTED
WHEREAS , ": () -j-1- I <7, n d. Woo�l "-Products has submitted an
a p r 1 c a t -f rD - a I i Aq -. 11 _f _ r Per, 4 t, therefore
BE IT RESOLVE-1j, that -L-.-.-e Aquifer Permit be referred t.r)
the Town lC Co-,trilty Planning Boards for their and
r e c c) m.,, 11 (E:- n d;---. t i �� In s , aid
FURTHER RES01,7JED, a Hearing shall be s c. IL-- -f c, r
September 11 . 1993) at 7:1-i -),Ml.
RE S 0 r., T T T. 0 N # I z! 0, CASH ADVANCE FOR CAPITZAL
-__l R 0 -T E C T S
' ' � on � y l'ouncil man P� lato
A o -�_- � D - _L _L
Seconded by Counc4 man O'Donnell
AT,.
VOTES : ., AYE ADOPTED
BE IT RESOIVHE, the ';�udget Officer is hereby authoriZed
and diirecte.-_', ',.c, make cash advance 'L_-om the Se-i-7er Fend
Surplus 17,1 the amount of $1,200.00 and transfer to tiie
Mid -Town Sewer Project.
S u p e r, 7 `Lsc r T III r) r -c, e r e qu a s t- e d the To-,�,,n Board and
Attorney to review the in-Lormat-Jon distributed on the
Storm, Water 'Manage,,T,,e_-.(t i 1 rj' E r o s i o n Control Law. He
wants to he prepared for a discussion concerning tL 4 S a -I-
J_
the August 18, J-993 Board fleeting.
'C o u n c _1 71 a n 0 ' D o nn e I --' made a i-not JL on second--��d h.y-
Council,,,-.ar, Pilato, to adjourn t,he -egalar meeting,, A1.1 L
voting ave, the motion was carried.
The T rn Buard rqeeting
�j7 z�7, 5,ljoi_;.rnqd at- 08:00 m.
Res3_)ectfull submitted,
Pal-,,li-ne H. Parker, C111C.'
Town Clerk
Town. of 11-ortlandvillia