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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 WVTCJ�01 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 1 is 1 • 1