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HomeMy WebLinkAbout08-15-1990Wednesday, August 15, 1990 5:30 p.m. PUBLIC HEARING DAVID YAMAN - PLAN14ED UNIT DEVELOPMENT A Public Hearing was held on August 15, 1990 at 5:30 o'clock p.m. regarding an Planned Unit Development application received from David Yaman for an area in South Cortland. Members present: Supervisor Melvin Pierce Councilman Raymond Thorpe Councilman Edwin O'Donnell Councilman Ronal Rocco Councilman Theodore Testa Town Clerk Pauline Parker Others present were Attorney, John Ryan; David Yaman and representatives Bill Galloway and John Wilson; Deputy Highway Sup't., Fred Walker Jr.;- CEO, Bruce Weber and Peter Novelli and Tom Cline of Novelli & Co.. The Public Hearing was called to order by Supervisor Pierce at 5:30 p.m., Supervisor Pierce read aloud the Legal Notice as posted and filed. Supervisor Pierce offered the privilege of the floor to those present for comments or questions. David Yaman displayed a full map of his planned project and explained the changes that have been made. Upon completion, every housing unit will have water and sewer utilities. All utility lines will be underground. Because- the original cul de sac plans were a concern, this. has been changed and boulevards will be used instead. This will proceed throughout the project. To protect the Aquifer, David Yaman stated that in the spring of 1991, the Health Department will be monitoring wells. Two wells in the lower section and one above. The Walden Oaks Project plans on putting in three ponds. These ponds will be used for detention of water' -run off and to water' the proposed golf course. The project would like to minimize the water -taken from the Town of Cortlandville. A traffic study was- done for the area proposed. - The analysis that was done will accommodate the Bennie Road area. Because the development of homes-• will be,on the top part of the hill and the lower portion, the traffic will be able to travel both ways off of Bennie Road. The Route 90 way and the Route 13 way. The building of the homes will be within the wooded area. Looking up the hillside there should be hardly a difference in the contour of the hillside: The project will be minimizing the movement of the earth. The 270 acres are just gorgeous. Keeping -it in its natural form is an important issue to this project. The homes that will be built 'will be in the $95,000. - $145,000.; first time home -owners and single family residence. They, will not- be modulars but possibly Barden Homes; A country setting home is what will be proposed to the future homeowners. With no further comments or questions from those present, a motion was made by Councilman Rocco, seconded by Councilman Thorpe, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 5:55 p.m. Wednesday, August 15, 1990 5:30 P.M. REGULAR MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Town Hall, 15 Terrace Road, Cortland, New York, with Supervisor Pierce presiding. Members present: Supervisor Melvin Pierce Councilman Raymond Thorpe Councilman Edwin O'Donnell Councilman Ronal Rocco Councilman Theodore Testa Town Clerk Pauline Parker Others present were Attorney, John Ryan; Deputy Highway Sup't., Fred Walker Jr.; CEO, Bruce Weber; Engineer, Hayne Smith; Mr. David Yaman and representatives Bill Galloway and John Wilson; and Peter Novelli and Tom Cline of Novelli & Co. The meeting was called to order by Supervisor Pierce at 5:30 o'clock p.m.. Following the pledge of allegiance, a Public Hearing was held for a Planned Unit Development for David Yaman for the South Cortland Area. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to approve, as written, the Town Board minutes of July 18, 1990. All voting aye, the motion was carried. RESOLUTION #209 AUTHORIZE PAYMENT OF VOUCHERS - AUGUST - 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 Voucher # 281 - 298 $ 6,513.80 General Fund B 70 - 74 833.53 Highway Fund 226 - 241 41,886.00 Water Fund 98 - 104 7,966.56 Sewer Fund 54 - 59 62,796.87 Capital Projects 127 - 128 9,760.44 Supervisor Pierce apprised the Town Board that he had received a letter from Mrs. Owens advising that she could not accept the proposed offer for her land to place the water storage tank there. A discussion followed whereby it was the consensus of the Town Board that a fair offer was made. Supervisor Pierce advised that a nearby property owner had offered to sell his land if needed. 1 1 1 Wednesday, August 15, 1990 Page 2 RESOLUTION #210 AUTHORIZE SUPERVISOR TO CONTACT ANOTHER PROPERTY OWNER FOR PURCHASE OF LAND TO ERECT WATER STORAGE TANK Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that Supervisor Pierce is hereby authorized and directed to -contact another owner of property of the area desired for erecting a water storage tank with the intent to pur.chasei..� . A discussion took place between _.Councilman Testa and Town Engineer; Hayne Smith• about the Northwest Water Improvement Project. - Councilman -•Testa had questions concerning exact date of completion. Mr. Smith stated that completion should be in October. Councilman Testa also asked Hayne-Smith how many more easements were needed on Route. 2B1 near Jim May Pontiac and surrounding properties. Mr Smith answered saying the opposite side of the road was still -needed along.- with Jim May Pontiac, William Porter, and the Bowling Alley. RESOLUTION #211 AUTHORIZE.TOWN--ENGINEER-,TO CONTRACT AN INSPECTOR Motion .by Councilman O'Donnell.. Seconded by Councilman Rocco VOTE: ALL AYE ADOPTED BE IT RESOLVED, the Town Engineer is hereby authorized to contract an inspector to help with the water and sewer projects that are occurring now in the Town at the cost of a maximum of $35.00 per hour. A motion was made by Councilman Thorpe, seconded by Councilman Testa, to receive -and file a. letter from Mary Ann Discenza, from .the Cortland County Department of Social Services. All voting. aye, the motion was carried., The letter was concerning the new program Community Work Experience. A motion was made by Councilman Thorpe, seconded by Councilman 0•'Donnell, to receive and file a copy of a letter sent to Timothy Buhl from Resource.Eng,ineer-ing. All voting aye, the motion was carried. Theletter is in regards to a tree damaged by contractors on McLean Road. . . A motion was made by Councilman Rocco., seconded by Councilman Testa, to receive and file a copy of a:letter sent to Robert Witty from the; CNA. Insurance Company. Al voting aye,. the motion, was. carr-i•ed.. This letter -is in regards to the claim Mr. Witty made to the Town of Cortlandville for -damage of a broken window•. A motion was made by Councilman O'Donnell, seconded by Councilman Testa, to receive and, file .a copy of a letter sent to Mr. Richard Durant, District Manager, Niagara Mohawk Corporation. All voting aye, the motion was carried. The letter was in regards to several different locations on -street lights for the Town of Cortlandvi.11e Wednesday, August 15, 1990 Page 3 A motion.was made by Councilman O'Donnell, seconded by Councilman Testa, to. receive and file a copy of a letter from Bernard H. Brown, Jr. P.C. All voting aye, the motion was carried. The letter was concerning the addition of two of the Town's buildings. A motion was made by Councilman Thorpe, seconded by Councilman Testa, to receive and file a letter from Barry A. Stevens, P.E., Regional Traffic Engineer. All voting aye, the motion was carried. The letter was in regards to lowering the speed limit on Kinney Gulf Road. The subject location will be investigated. Upon the completion of this investigation the Town will be notified. A motion was made by Councilman Thorpe, seconded by Councilman O'Donnell, to receive and file a letter from Assemblyman Mel Miller. All voting aye, the motion was carried. The letter was in regards to the Drug Law of New York State. A motion was made by Councilman Thorpe, seconded by Councilman Testa, to receive and file a letter from the New York State Department of Environmental Conservation, Jerome Jenson. All voting aye, the motion was carried. The letter was in regards to Legislative action amending the State Environmental Quality Review Act (SEQR). It requires that the impacts of a proposed action on solid waste management be considered in any environmental impact statement (EIS). A motion was made by Councilman Thorpe, seconded by Councilman O'Donnell to receive and file a letter from Phillip Rumsey. All voting aye, the motion was carried. The letter was in regards to the Groton Avenue Plaza, Route 281 and Luker Road Sewer Project. Phillip Rumsey is ready to forward materials on for approval as soon as he receives the Town Engineer's, Hayne Smith, report. Councilman Ronal Rocco received a letter from Jeff Wheaton, Blodgett Mills, regarding the flooding there. Supervisor Pierce read the letter and will be responding to Mr. Wheaton. Councilman O'Donnell suggested that Mr. Wheaton meet with Tom Pitts of the County Soil and Water Conservation Department, as he could inform him of the status now. Councilman Rocco was approached by Mr. Nichols of Ridgeview Ave. in regards to the City of Cortland curbing and repaving the roads up to the Ridgeview area. Mr. Nicholas, representing the Ridgeview neighborhood, stated to Councilman Rocco that the residents on Ridgeview would .like the curbing and repaved road to continue to there road. The Ridgeview residents are willing to pick up the extra cost. They would like to discuss this with the Town Board. Councilman Rocco talked with Mr. Spada of the City DPW. Mr. Spada stated that the repaving and curbing will not be done until next year. 2e�5 Wednesday, August 15, 1990 Page 4 RESOLUTION #212 AUTHORIZE SUPERVISOR TO WRITE LETTER TO ELEANOR TARBELL REGARDING CONNECTION TO THE SEWER LINE Motion by Councilman 'Thorpe Seconded by Councilman O'Donnell WHEREAS, property VOTE: ALL AYE ADOPTED owner, Eleanor Tarbell of Bell Drive, has willingly signed easements for the Town to proceed with the Bell Drive Water and Sewer Projects, and WHEREAS, said property owner had requested that two connections be installed on her property as the lines were being installed, and the Town Supervisor had approved this, and WHEREAS, such lines are being installed now, with only one connection, therefore BE IT RESOLVED, that the Supervisor is hereby authorized to send a commitment letter to Eleanor Tarbell, that.a connection will be -made at no cost when the need occurs. RESOLUTION #213 ADOPT ORDER RENAISSANCE/N.Y.S. RT. 281/HOMER CONNECTION WATER IMPROVEMENT AND SET PUBLIC HEARING SEPTEMBER 5,1990 7:30 P.M. Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTE: ALL AYE ADOPTED WHEREAS, there was filed in the Office of the Town Clerk of the Town of CortlandVille, Cortland County, New York, general plans, map and engineering report relating to the construction of a water improvement consisting of the purchase of constructed water lines with hydrants and valves and the further construction of lines, hydrants and- valves as required by Section 209-q of the Town Law, and are -available for public inspection, and WHEREAS, the proposed; improvement consists of easements and other land acquisition, sitework, land surveys, soil borings, the acceptance of dedicated water lines, hydrants and valves -in -the Renaissance Subdivision, the purchase of 2,356+ feet of constructed water lines, hydrants and valves extending north from the Renaissance Subdivision along N.Y.S. Rt. 281, and the installation and construction of 935+ feet from the dedicated Renaissance line to Cosmos Hill Road, and other items in accordance with the said plans now on file in the Office of the Town Clerk of the Town of Cortlandville, and WHEREAS, the maximum amount proposed to be expended for said improvement is $150,200., and consisting of $105,200. for the purchase of existing line, hydrants and valves along N.Y.S. Rt. 281 and a maximum of $45,000.00 for construction of new lines to connect to those dedicated to the Town, and Wednesday, August 15, 1990 Page 5 WHEREAS, the proposed method of financing the said improvement is by the issuance of bonds by the Town of Cortlandville for a maximum term of forty years at prevailing interest; all costs, including the principal and interest on said bonds or other obligations authorized to be issued shall be borne by the lands benefited by such improvement and such costs shall be assessed, levied and collected from the several lots or parcels of land within said Town of Cortlandville in just proportion to the amount of benefit which the improvement shall confer upon such lots or parcels; it is further hereby proposed that all lots or parcels in the Town of Cortlandville outside of Villages, capable of being serviced by the "Article 12-C" Water Improvements heretofore and hereafter provided, are lots or parcels benefited by the proposed water improvement; and the cost of the proposed water project and all previous improvements shall be spread upon and over the enlarged benefited area, all of such improvements constituting one water system, such system being described by and including the areas set forth in the "Rt. 13/Pyramid Mall Water Project-1990" Order adopted by this Board on January 17, 1990, and the following parcels designated on the 1990 Cortland County Real Property Tax Maps as Cortlandville tax parcels: Tax Map 76.00-01: Parcels: 19, 19.100, 20, 21, 22, 23, 24, 25, 27, 28, 29. Tax Map 76.00-02: Parcels: 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 and 29. Tax Map 76.14-01: Parcels: 13, 14, 15, 16. WHEREAS, it is further proposed that the costs of management, maintenance, operation and repair of said improvement of services shall be a charge upon the area of the Town of Cortlandville outside of Villages and shall be levied and collected in the same manner and at the same time as other Town charges, provided that it is the intention of the Town Board the such costs will be raised in the first instance from water rates, charges and fees upon all lots or parcels heretofore and hereafter serviced by Town Law Article12-C Water Improvements, and WHEREAS, an Environmental prepared pursuant to the Review Act, and is available the Cortlandville Town Hall, IT IS HEREBY Assessment Form has been State Environmental Quality for review by the public at ORDERED, that a meeting of the Town Board of the said Town of Cortlandville shall be held at the Town Hall, Terrace Road, Cortland, New York on the 5th day of September, 1990 at 7:30 o'clock p.m. of that day to hear all persons interested in the proposed water improvement, and for such other action of said Town Board with relation to the said water improvement as may be required by law or be deemed proper. 1 1 SCG 7 Wednesday, August 15, 1990 Page 6 RESOLUTION #214 ADOPT ORDER LIGHTING DISTRICT NO. ONE AND SET DATE FOR PUBLIC HEARING SEPTEMBER 5 1990 AT 7:30 P.M. Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTE: ALL AYE ADOPTED WHEREAS, there was filed in the Office of the Town Clerk of the Town of Cortlandville,, Cortland County, New York a Petition pursuant to Town Law Section 191 requesting the establishment of a Lighting District in the area of the Town between N.Y.S. Rt. 281-and'Co5mos Hill Road known as Renaissance I Subdivision, and WHEREAS, the boundary of said pr.oposed.Lighting District is that of the area shown on the Town of Cortlandville Tax Map No. 76.00-02 parcels 2 through. 29 inclusive, excepting parcels 11 and 19, and WHEREAS, said. Petition proposes the initial construction by Niagara Mohawk Power Corporation of seven (7) 15 watt high pressure sodium street lights on special cast iron poles with Armory Square fixtures, and WHEREAS, the maximum amount proposed to be expended for said Lighting District annually, is $471.50 per pole/fixture, and WHEREAS, it is proposed the Town of Cortlandville pay annually the sum of $202.11 representing the amount presently paid by the Town per pole/fixture in other areas of the Town of Cortlandville; and further that the Town contract, pursuant to Town Law Section 194-a, with J.Lee Ambrose and Nancy R. Ambrose to pay annually the sum of $269.39 per pole/fixture to the Town for a.period of ten. (10) years or until such time as ten (10) separate residences are constructed in the proposed District, whichever occurs first; at such occurrence the amount of such payment -.is proposed to be, spread in and over and assessed to the parcels within the proposed District, IT IS HEREBY" ORDERED, that a meeting of the Town Board of the said Town of Cortlandville shall be held at the Town Hall, 15 Terrace Road, Cortland, New. York on .the 5th day of September, 199&�at 7:.30 o'clock p.m. of that day to hear all persons interested in the proposed Lighting District, and for such other action.of said,Town Board with relation to the said lighting. District as may be required by law or be deemed proper. i. RESOLUTION #215 DECLARE FULL ENVIRONMENTAL IMPACT STATEMENT NOT NECESSARY DAVID YAMAN - P.U.D. Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS, a Planned Unit Development application was made by David Yaman, for his project located in So. Cortland, and a Public Hearing was duly held, as required, and WHEREAS, the Town Board has reviewed all plans for the project and has received comments from both the Town Planning Board and the County Planning Board, therefore ) � 9 J Wednesday, August 15, 1990 Page 7 BE IT, RESOLVED, that the Town Board, as Lead Agent, hereby declares that it shall not be necessary for the applicant, David Yaman, to provide the SEQRA Environmental Impact Statement. RESOLUTION #216 DECLARE NEGATIVE DECLARATION - PLANNED UNIT DEVELOPMENT #1 - WALDEN OAKS - BENNIE ROAD Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTE: ALL AYE ADOPTED WHEREAS, application was made by David Yaman for Walden Oaks, for a Planned Unit Development and a Public Hearing was duly held by the Town Board, and WHEREAS, the Town Board, as Lead Agency, for this project has reviewed the Environmental Assessment Form required per the State Environmental Quality Review Act, therefore BE IT RESOLVED, that the Town Board does hereby declare that the proposed project of David Yaman, Walden Oaks, will have no significant impact on the environment. RESOLUTION #217 AUTHORIZE SUPERVISOR TO SIGN A PUD APPLICATION - WALDEN OAKS Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTE: ALL AYE ADOPTED RESOLVED, that the Town Board does hereby authorize approval of a Planned Unit Development, permit #1 for 1990 for David Yaman, Walden Oaks. BE IT RESOLVED, that the Supervisor is hereby authorized to sign the application. RESOLUTION #21B SCHEDULE PUBLIC HEARING - SPECIAL PERMIT - DAVID YAMAN - WALDEN OAKS Motion by Councilman O'Donnell Seconded by Councilman Testa VOTE: ALL AYE ADOPTED WHEREAS, David Yaman, Walden Oaks, has submitted a request for a Special Permit to develop over the Aquifer, and WHEREAS, this permit has been referred to the Cortlandville Planning board and the County Planning Board, and WHEREAS, continuing process requires a Public Hearing before the Town Board, therefore BE IT RESOLVED, that a Public Hearing shall be held before this Town Board on September 5, 1990 at 7:30 P.M. to review said application. 369 Wednesday, August 15, 1990 Page 8 Supervisor Pierce had a discussion on the Town Hall Expansion and the Highway Barn Expansion. He stated that the Town Hall Expansion need, not go to mandatory permissive referendum. Attorney John Ryan's opinion was that no public hearing would be needed for either expansion. He stated that to,have a mandatory permissive referendum the building cost would _.have to exceed $100,000.00. The building of the Highway Barn Expansion is „over $400,000.00. .. There is a surplus amount of $200,000.00 that will be used for the expansions. Mr.- Peter Novelli put together, four plans for review for the Town Board. lvlr.- Novelli wanted to know if he should proceed with both projects. RESOLUTION #219 AUTHORIZE PETER NOVELLI TO PROCEED WITH TOWN HALL AND HIGHWAY BARN EXPANSION:PROJECT Motion by Councilman O'Donnell Seconded by Councilman Testa VOTE: ALL AYE ADOPTED WHEREAS, Peter Novelli, of-Novelli & Co., was hired by the Town to draw up preliminary plans of the expansion of the Town Hall and Highway Barn, therefore BE IT RESOLVE, that the.Peter Novelli, of Novelli & Co., is hereby authorized to_ proceed with the preliminary plans, and be it further RESOLVED, that the Town-- Board has requested Peter Novelli of Novelli- & Co., to communicate with department heads on their input to both the expansions of the Town Hall and Town Highway Barn. RESOLUTION #220 ADOPT TOWN HALL EXPANSION PROJECT - SUBJECT TO PERMISSIVE REFERENDUM Motion by Councilman Testa Seconded -by Councilman O'Donnell VOTE: ALL AYE -ADOPTED WHEREAS, Peter Novelli, of _Novelli &.Co., was hired by the Town to draw up preliminary plans of the expansion of the Town Hall, and RESOLVED, that the Town of Cortlandville construct an addition to the Town Hall.at- 15 Terrace Road in said Town as proposed.in, preliminary..plans dated August 15, 1990 prepared by Novelli:.& Co at: a ...maximum cost..of $212,000., and be it further-. .. RESOLVED, that -pursuant to Town.Law section _el (1) (c) and 220 (3), this resolution is adopted subject to a permissive referendum. RESOLUTION #221 SCHEDULE PUBLIC HEARING FOR LOCAL LAW -NO. 2 FOR THE YEAR 1990 Motion By Councilman O'Donnell Seconded by Councilman Testa VOTE:... ALL AYE ADOPTED BE IT RESOLVED, that a Public Hearing shall be held on September 5, 1990 at 5:30 P.M. for Local Law No. 2 of 1990 to provide an amendment of Local law No. 1 for the Year 1986 (Town of Cortlandville Zoning.Law). 390 Wednesday, August 15, 1990 Page 9 RESOLUTION #222 REFER TO CORTLANDVILLE PLANNING BOARD SPECIAL PERMIT - CORTLAND WOOD PRODUCTS Motion by Councilman O'Donnell Seconded by Councilman Testa VOTE: ALL AYE ADOPTED WHEREAS, an application has been submitted by Karl Wendt, representing Cortland Wood Products, for a Special Permit to develop over the Aquifer as tax map parcel no. 95.12-01-17.000, and WHEREAS, the next step in the process of acquiring a Special Permit is review by the Cortlandville Planning Board, therefore BE IT RESOLVED, that said application for a Special Permit is hereby referred to the Cortlandville Planning Board for their review and recommendation. RESOLUTION #223 AUTHORIZE PART TIME HELP FOR JUSTICE DEPARTMENT Motion by Councilman Testa Seconded by Councilman O'Donnell VOTE: AYE: TESTA, O'DONNELL NAY: ROCCO ADOPTED WHEREAS, Peggy Capps, Court Clerk in the Justice Department is leaving for Maternity Leave, therefore BE IT RESOLVED, that the Justice is hereby authorized to hire Peggy Petrie for part time help for an hourly rate of $5.75 effective August 20, 1990. RESOLUTION #224 REQUEST COUNTY LEGISLATURE TO APPLY SURPLUS SALES AND USE TAX TO REDUCE COUNTY TAX LEVY IN AREAS OUTSIDE VILLAGES FOR 1991 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, pursuant to Resolution No. 118 adopted at a Special Meeting of this Board held on August 29, 1978, the Town of Cortlandville elected to have it's proportionate share of the Cortland County Sales and Use Tax which is due the area of the Town outside of Villages to pay in cash directly to the Town to be used for any legal Town, outside Village purposes and WHEREAS, pursuant to the Town's election referred to herein, the amount of Sales Tax to be received by the Town of Cortlandville will exceed the amount necessary to fund the portion of the Budget attributable to areas outside Villages, and WHEREAS, there will therefore be surplus of Sales Tax available and which this Board desires to be credited against the County Tax in the area of the Town outside of Villages, and 1 1 1 WHEREAS, the surplus referred to herein will be in the amount of $387,000.00. 2W 1 1 Wednesday, August 15, 1990 NOW THEREFORE BE IT RESOLVED Page 10 RESOLVED, that the Cortland County Legislature be and hereby is requested to apply said amount of $987,000.00 surplus Sales Tax as referred to herein, to the reduction of the County Tax levied against the real property in the area of the Town of Cortlandville outside of the Villages for the fiscal year 1991, and also RESOLVED, that the Town Clerk be and she is hereby authorized and directed to forward a certified copy of this resolution to the Cortland County Legislature. Councilman O'Donnell made a motion, seconded by Councilman Rocco to adjourn the meeting. All Voting aye, the motion was carried. The meeting was adjourned at Bc05 p.m. Respectfully submit ad, Pauline H. Parker CMC Town Clerk Town of Cortlandvillle