HomeMy WebLinkAbout04-05-1995APRIL 05, 1995
PUBLIC HEARING
GUTCHESS LUMBER - AQUIFER PERMIT
7:00 P.M.
A Public Hearing was held by the Town Board of the
Town of Cortlandville on April 05, 1995 at 7:00 p.m. at
the Cortlandville Town Hall, 3577 Terrace Road,
Cortland, New York, concerning an Aquifer Permit for
Gutchess Lumber, 150 McLean Road, Cortlandville, •
permitting the construction of additions to applicant's
building #6 for new production and storage. The
existing roof structure will also be enclosed for
climate control purposes.
Members present.: Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Councilman, John Pilato
Town Clerk, Pauline Parker
Others present were: Town Attorney, John Folmer;
Highway Superintendent, Carl Bush; Town Typist, Edna
Puzo; Town residents, Judy and Joe Neville, Charles
Sheridan, Vicky Boyle, and news reporter, Lisa
Hutchurson.
Supervisor Thorpe called the Public Hearing to
order at 7:00 p.m.
The Town Clerk read aloud the Legal Notice, as
posted and filed.
Supervisor Thorpe explained to the Town Board and
those in attendance what Gutchess Lumber proposes to
construct.
No other comments or questions were heard.
Councilman Rocco made a motion, seconded by
Councilman Testa, to close the Public Hearing. All
voting aye, the motion was carried.
The Public Hearing was closed at 7:05 p.m.
33
APRIL 05, 1995
PUBLIC HEARING
JOHN A. MCGEE - ZONE CHANGE
7:15 P.M.
A Public Hearing was held by the Town Board of the
Town of Cortlandville on April 05, 1995 at 7:15 p.m. at
the Cortlandville Town Hall, 3577 Terrace Road,
Cortland, New York, concerning an application from John
A. McGee for a zone change from Agricultural to Business
for his property located on Webb Road and Route 13.
Members present: Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Councilman, John Pilato
Town Clerk, Pauline Parker
Others present were: Town Attorney, John Folmer;
Highway Superintendent, Carl Bush; Town Typist, Edna
Puzo; Town residents, Judy and Joe Neville, Charles
Sheridan, Vicky Boyle, and news reporter, Lisa
Hutchurson.
Supervisor Thorpe called the Public Hearing to
order at 7:15 p.m.
The Town Clerk read aloud the Legal Notice, as
posted and filed.
Councilman Rocco advised that the Cortlandville
Planning Board denied the Zone change for Mr. McGee due
to the fact that Mr. McGee stated no specific use for
his property.
Part of his property is located in the Town of
Virgil and part in our Town.
He questioned the procedures for this application.
The Town Attorney addressed the procedures for a
Zone change.
Joe Neville spoke to say that he was in attendance
at the Planning Board Hearing regarding this issue. It
was stated then that the portion of Mr. McGee's property
that is in the Town of Virgil is already zoned business.
He was requesting the area located in our Town to be
• changed to business also. It appeared that his request
is not unreasonable.
Councilman O'Donnell disagreed. He stated that
only the corner of the property that is in the Town of
Virgil is zoned business. The area in the Town of
Cortlandville is currently zoned Agricultural, and this
Board chose to have it remain that during the process,
relating to the former request of Don Osbeck, because of
Aquifer reasons.
No other comments or questions were heard.
Councilman Testa made a motion, seconded by
Councilman Rocco, to close the Public Hearing. All
voting aye, the motion was carried.
The Public Hearing was closed at 7:25 p.m.
40
APRIL 05, 1995
PUBLIC HEARING
MARSHALL BROS. - AQUIFER PERMIT
7:30 P.M.
A Public Hearing was held by the Town Board of the
Town of Cortlandville on April 05, 1995 at 7:30 p.m. at
the Cortlandville Town Hall, 3577 Terrace Road,
Cortland, New York, concerning an Aquifer Permit to
construct a new building, install two 10,000 gallon
underground gasoline tanks, install new driveways and
parking areas, install new gasoline islands and canopy,
and resurfacing of all existing driveways and parking
areas.
Members present: Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Councilman, John Pilato
Town Clerk, Pauline Parker
Others present were: Town Attorney, John Folmer;
Highway Superintendent, Carl Bush; Town Typist, Edna
Puzo; Town residents, Judy and Joe Neville, Charles
Sheridan, Vicky Boyle, James Marshall and other
representatives of Marshall Bros.; Richard Race and
news reporter, Lisa Hutchurson.
Supervisor Thorpe called the Public Hearing to
order at 7:30 p.m.
The Town Clerk read aloud the Legal Notice, as
posted and filed.
Mr. Richard Race, a neighbor of the Marshall Bros.
property, addressed the Town Board. He advised that
other neighbors and himself went to the Public Hearing
held by the Town Planning Board. Because of the
problems that have occurred in the past, they requested
that monitoring test wells be required. He requested
that this board also honor their request.
Owner, James Marshall, addressed the question and
stated that the DEC request quarterly sampling. There
are 3 monitoring wells currently on the site and 2 water
supplies. This will be continued.
No other question or comments were heard. •
Councilman O'Donnell made a motion, seconded by
Councilman Testa, to adjourn the Public Hearing. All
voting aye, the motion was carried.
The Public Hearing was closed at 7:45 p.m.
M
APRIL 05, 1995
TOWN BOARD MEETING
7:00 P.M.
The Regular Meeting of the Town Board of the Town
of Cortlandville was held at 7:00 p.m. at Town Hall,
3577 Terrace Road, Cortland, New York with Supervisor
Raymond Thorpe presiding.
Members present: Supervisor,
Raymond Thorpe
Councilman,
Theodore Testa
Councilman,
Edwin O'Donnell
Councilman,
John Pilato
Councilman,
Ronal Rocco
Town Clerk,
Pauline Parker
Others present were: Town Attorney, John Folmer;
Highway Superintendent, Carl Bush; Town Typist, Edna
Puzo; Town residents, Judy and Joe Neville; Vicky Boyle;
James Marshall and other representative of Marshall
Bros. Inc. and News Reporter Lisa Hutchurson.
The Meeting was called to order by Supervisor
Thorpe at 7:05 p.m. following the Public Hearing for
Gutchess Lumber.
Councilman O'Donnell made a motion, seconded by
Councilman Pilato, to approve as written, the Town Board
Minutes of February 15, 1995. All voting aye, the
motion was carried.
RESOLUTION #63 AUTHORIZE PAYMENT OF VOUCHERS FOR
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that the vouchers submitted have been
audited and shall be paid as follows:
General Fund A
Vouchers #133
- 165
$19,488.43
General Fund B
13 -
27
$15,940.55
Highway Fund DB
110 -
137
$17,511.61
Water Fund
64 -
88
$33,152.44
Sewer Fund
36 -
49
$ 8,613.53
Capital Projects
5 -
6
$ 416.79
Councilman O'Donnell requested privilege of the
• Floor. He reported that as a follow up to the idling
problems in the Polkville area truck stops, he surveyed
that area this evening and has found the Mobil station
now has 3 signs to comply with the DEC regulations
relating to idling of trucks.
The monthly reports of Town Justice for February
1995; Town Clerk, Tax Collector, Code Enforcement
Officer for March, 1995 and 2nd Quarter report of the
Water and Sewer Departments, were submitted and
available for review, upon request, in the Town Clerk's
Office.
Councilman Rocco made a motion, seconded by
Councilman O'Donnell, to receive and file a letter from
the Homer Fire Department. All voting aye, the motion
was carried.
The letter is an invitation to their annual
Installation Dinner on April 21, 1995.
42
APRIL 05, 1995 TOWN BOARD MEETING PAGE 2
Attorney John Folmer reported to the Board on the
following:
Code violations in Blodgett Mills. He met with
Mr. Craft, as a pre-trial conference, to discuss the
code violations.
Suggestions will be given to resolve this issue.
There are other factors to be worked out, which is in
motion.
Councilman O'Donnell added that the property looks
much better now as a result of this.
Councilman Rocco expressed concern about this Board
taking action without having the minutes of our Boards
to refer to.
Attorney Folmer addressed Board members and those
in attendance, concerning the Variance application and
the variety of proceedings relating to Suit-Kote. The
work and time required of the Cortlandville Zoning Board
of Appeals and Planning Board members needs to be
publicly recognized. These Boards and staff should be
commended for the service they have performed. He
commended the secretaries to these Boards, Karen Snyder
and Julie Ray, who have been called upon to do
monumental amounts of work. He recognized the Town
Clerk's Office as being involved in helping to
accomplish. All have been efficient, friendly and have
done an outstanding service and should be recognized
publicly for their efforts.
Mr. Folmer spoke of minutes that Councilman Rocco
was requesting. These meetings have been very lengthy
and detailed. The secretaries use audio tapes to take
the minutes, than transpose them on paper. One meeting
lasted 3 hours long, another 4 hours. It is going to
take time to prepare them.
Marshall Bros. application, and conditions set
forth, was also discussed.
Attorney Folmer advised the Town Board that they
are not required to take action on the same date of the
Public Hearing.
Supervisor Thorpe advised that action could be
taken on April 19, 1995 at the regular meeting.
Councilman Rocco made a motion, seconded by
Councilman O'Donnell, to recess the regular meeting to
have the Public Hearing of John McGee for a Zone
Change. All voting aye, the motion was carried.
The meeting was reconvened at 7:25 p.m.
RESOLUTION #64 REFER AQUIFER PERMIT OF BESTWAY
ENTERPRISES, INC. TO THE TOWN AND
COUNTY PLANNING BOARDS FOR THEIR
REVIEW__
Motion by Councilman Pilato
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Aquifer Permit, submitted by Bestway
Enterprises, Inc., located at 3877 Luker Road, shall be
referred to the Town and County Planning Boards for
their review and recommendations.
•
W
APRIL 05, 1995 TOWN BOARD MEETING PAGE 3
RESOLUTION #65 AUTHORIZE CORTLAND CITY SCHOOL
DISTRICT USE OF TOWN'S VOTING
MACHINE AND MEETING ROOM FOR THEIR
ANNUAL SCHOOL BOARD ELECTION
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that Cortland City School District
is hereby authorized to use the Town's meeting room and
voting machines for their annual School Board election
on Tuesday, May 02, 1995.
RESOLUTION #66 AUTHORIZE TOWN ATTORNEY TO REVIEW
THE LEGALITY AND PROCESS TO INSTALL
"NO PARKING" SIGNS AT THE BLODGETT
MILLS PARK AND KINNEY GULF ROAD
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS,
the Highway
Supt. apprised
the Town Board of
potential
danger of cars
parking on
Kellogg Road at the
park in
Blodgett Mills
and on Kinney
Gulf Road near the
Rusty Nail
Restaurant,
and
WHEREAS,
a discussion
was held
relating to these
concerns
and he has
recommended
and requested that
these be
designated a
"No Parking" zone,
and
WHEREAS, both roads are County Roads, therefore
BE IT RESOLVED, the Town Attorney is hereby authorized
and directed to review the legality and process to
accomplish "No Parking" areas on a County road and
report his findings back to the Board.
A discussion was held concerning Town Ordinances.
Councilman Testa asked of the status of the project with
the Code Company in Rochester that was reviewing our
Codes.
Attorney Folmer is awaiting information from the
Town Engineer and CEO Officer, to forward to the company
for them to produce a final Pre -Publication draft.
Highway Supt., Carl Bush, reported the estimated
cost to install electrical service to the Citizens Park
on NYS Route 281.
Niagara Mohawk estimated it would cost $1,500.00 to
bring the electric service to the park location. This
estimate includes the service to provide night
lighting. An electrician estimated it would cost
$4,600.00 to accomplish the project.
The funds are in this years recreation account to
cover the cost to install electrical service at the
Park.
This would limit the potential hazard of using
extension cords from the fire station.
44
APRIL 05, 1995 TOWN BOARD MEETING PAGE 4
RESOLUTION #67 AUTHORIZE ELECTRICAL SERVICE
INSTALLED AT THE CITIZENS PARK
Motion by Councilman Testa
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that Highway Supt., Carl Bush, is hereby
authorized and directed to have electrical service
installed at the Citizens Park on NYS Route 281, at an
estimated cost of $5,700.00.
RESOLUTION #68 .APPROVE REQUEST OF JAMES AND LYDIA
FERRO FOR AN ADJUSTMENT OF SEWER
CHARGE
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, Mr. & Mrs. James Ferro of 710 McLean Road, has
sent a request to have an adjustment made to their
current water and sewer bill, and
WHEREAS, such request explained that due to the bursting
of their water pipes and flooding of their basement
while they were away on vacation, this created an
extremely high usage and charge, and
WHEREAS, a calculation of their previous history of
charges was provided by our department, and reviewed,
therefore
BE IT RESOLVED, the Town Board does hereby authorize a
credit of the sewer charge in the amount of $572.07,
such water charge shall remain as billed.
Supervisor Thorpe reported that he received a call
from the Cortland Chamber of Commerce. They wish to
place their sign on :Route 281 near the Walmart entrance.
This has become complicated and costly. They were
advised that it would be necessary to obtain a building
permit; application fee of $20.00, and a variance
permit; application fee of $50.00, to accomplish. Their
sign would display various service clubs with their logo
and times of their meetings. Because they are a non-
profit organization, they have requested the fees be
waived.
A discussion was held whereby other non-profit
organizations have been charged in the past. Others
charged were for new construction, not a sign. 40
RESOLUTION #69 AUTHORIZE WAVIER OF PERMIT FEES
FOR SIGN DISPLAY FOR THE CORTLAND
CHAMBER OF COMMERCE
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the
waiver of fees for the required permits for the Cortland
Chamber of Commerce, to display their sign on Route 281,
as a matter of policy.
45
APRIL 05, 1995 TOWN BOARD MEETING PAGE 5
Councilman O'Donnell made a motion, seconded by
Councilman Testa, to recess the regular meeting to
conduct a Public Hearing for Marshall Bros Inc. All
voting aye, the motion was carried.
The meeting was reconvened at 7:45 p.m.
A discussion was held concerning the Town Board
® receiving the necessary information from the Town
Planning Board in regards to their actions taken at
their last meeting.
This Board does not want to cause unnecessary
delays for the applicants. Because a Special Meeting
has been scheduled for April 12, 1995 relating to Suit-
Kote at 7:00, it was determined that they will meet at
6:30 p.m. to accommodate these applications only.
The notice has been sent to the newspaper, and this
shall apply for the change of the Special Meeting time.
RESOLUTION #70 DEFER ACTION ON THE AQUIFER
PERMIT OF GUTCHESS LUMBER
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that action shall be deferred regarding
the Aquifer Permit for Gutchess Lumber, 150 McLean Road,
until a Special Meeting scheduled for April 12, 1995, at
6:30 p.m.
RESOLUTION #71 DENY ZONE CHANGE FOR JOHN A. MCGEE
AT WEBB ROAD AND NYS ROUTE 13 FROM AGRICULTURE TO BUSINESS
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, an application for a zone change from
agriculture to business was submitted by John A. McGee
for his property located on Webb Road and NYS Route 13,
and
WHEREAS, the County Planning Board has recommended
denial of the zone change from agriculture to business,
now therefore
• BE IT RESOLVED, the Town Board does hereby deny the
application for a zone change of property owned by John
A. McGee, located on Webb Road and NYS Route 13.
RESOLUTION #72 DEFER ACTION ON THE AQUIFER
PERMIT OF MARSHALL BROS. INC.
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that action shall be deferred regarding
the Aquifer Permit for Marshall Bros. Inc. until a
Special Meeting scheduled for April 12, 1995 at 6:30
p.m.
40
APRIL 05, 1995 TOWN BOARD MEETING
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Councilman O'Donnell made a motion, seconded by
Councilman Testa, to adjourn the Regular Meeting. All
voting aye, the motion was carried.
The Regular Meeting was adjourned at 7:45 p.m.
Respectfull sub itted,
Pauline H. Parker, CMC
Town Clerk
Town of Cortlandville
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