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Home My WebLink About07-19-1989Wednesday July 19, 1989 5:30 P.M. PUBLIC HEARING LOCAL LAW NO. 2 FOR 1989, PROVIDING FOR AMENDMENT TO TOWN ZONING LAW A Public Hearing was held on July 19, 1989 at 5:30 o'clock p.m® regarding Local Law No® 2 for the year 1989, providing for an amendment to the Town Zoning Law and Map to establish a Business Transition Zone. 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 Town attorney, Phillip Rumsey; Town CEO, Bruce Weber; Town Highway Superintendent, Carl Bush; Town Historian, Alice Blatchley; Roy Susskind, Pete O'Connell from Pall Trinity; and Skip Chapman from the Cortland Standard. LEGAL NOTICE TOWN OF CORTLANDVILLE LOCAL LAW NO. 2 FOR THE YEAR 1989 Notice is hereby given that a Public Hearing will be held pursuant to the Municipal Home Rule Law and Town Law Section 264 before the Supervisor and Town Board of the Town of Cortlandville, Cortland County, New York, at the Town Hall, 15 Terrace Road, Town of Cortland- ville, New York on July 19, 1989 at 5:30 o'clock p.m. concerningproposed Local Law No. 2 for the Year 1989, providing for the amendment of Local Law No. 1 for the Year 1986 (Zoning Law) by adding an Article establishing a business transition district to provide continuity for certain non -conforming uses and -to change the designation of a parcel of land bordering N.Y.S. Rt. 281 and known as Cort- landville Tax Map Parcel No. 86.09-02-01.000 (14.46 pl-_js or minus acres) (J.M. Murray Center, Inc.) from "Business" to "Business Transitional" zone designa- 1 tion and providing for said change to be made on the Zoning Map of the Town of Cortlandville, which map was duly adopted by Local Law No. 1 for the Year 1986. At the time and place of said hearing all parties in interest .and citizens shall have an opportunity to be heard. DATED: July 13, 1989 PAULINE H. PARKER TOWN CLERK TOWN OF CORTLANDVILLE 15 Terrace Road Cortland, New York 13045 164-1 t The Public Hearing was called to order by Supervisor Pierce at 5:30 p.m. He requested that all those in attendance rise and salute the flag. The Town Clerk read the Legal Notice as shown: Supervisor Pierce offered the privilege of the floor to those present. No comments or questions were made. A motion was made by Councilman O'Donnell, seconded by Councilman Rocco, to close the Public Hearing. All voting aye, the motion was carried. 1 I. u 1.37 Wednesday July 19, 1989 5:40 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 Town attorney, Phillip Rumsey; Town CEO, Bruce Weber; Town Highway Superintendent, Carl Bush; Town Historian, Alice -Blatchley; Roy Susskind, Pete O'Connell from Pall Trinity; and Skip Chapman from the Cortland Standard. The meeting was called to order by Supervisor Pierce at 5:40 o'clock p.m., following a Public Hearing regarding Local Law No. 2 for 1989, providing for an amendment of the Town Zoning Law and Map to establish a Business Transition Zone. A motion was made by Councilman O'Donnell, seconded by Councilman Thorpe, to receive and file the Cortlandville Planning Board minutes of June 13, 1989 and June 27, 1989. All voting aye, the motion was carried. RESOLUTION # 185 AUTHORIZE PAYMENT OF VOUCHERS - JULY Audit of bills Motion by Councilman Testa 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 #235 - 248 6,400.25 General Fund B 74 - 83 2,231.06 Highway Fund 202 - 222 11,398.96 Water Fund 82 - 93 11,015.08 Sewer Fund 45 - 50 6,602.05 Capital Projects 59 - 62 4,707.13 RESOLUTION #186 ADOPT LOCAL LAW NO. 2 FOR 1989 - PROVIDING FOR AN AMENDMENT TO THE TOWN ZONING LAW AND MAP - ESTABLISH A TRANSITION ZONE Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED Local Law No.2 Wednesday July 19, 1989 BE IT ENACTED, by the Cortlandville as follows: Page 2 Town Board of the Town of SECTION 1. The purpose of this Local Law is to amend the Town's Zoning Law to provide more continuity to the existing non -conforming uses in certain areas of the Town, most specifically the parcel designated Town of Cortlandville Tax Map No. 86.09-02-01.000 (1989). The current use is that of a sheltered workshop providing employment for handicapped persons by a not - for -profit corporation, J.M.Murray, Inc. It is determined that changing the said parcel to Business Transition designation would allow continuity to certain non -conforming uses to the benefit of the Town and in line with it's comprehensive plan, provided however, that said parcel remains occupied and used by the said Center pursuant to it's existing corporate purposes. Any changes in use or ownership may not conform to the comprehensive plan and the Town reserves the right to revert the designation of said parcel to Business. After much careful study, planning and public hearing it is determined that this amendment is in the best interests of the community and within the comprehensive zoning plan of the Town of Cortlandville. SECTION 2. Local Law No. 1 for the Year 1986 is hereby amended at Section 2.1 by adding the following: 8. Business Transition District. SECTION 3. Local Law No. 1 for the Year 1986 is hereby amended by adding after the entire Article VII, a new Article VII-A to read as follows: ARTICLE VII-A BUSINESS TRANSITION DISTRICT 7 A.1 Statement of Intent The purpose of this District is to provide continuity to existing non -conforming uses in certain areas which generally meet the general intent and needs of the comprehensive zoning plan of the Town. For more particular legislative intent, reference is hereby made to the entire text of the Local Law of the Town of Cortlandville establishing this Article (Local Law No. 2 for the Year 1989). 7 A.2 Permitted Structures and Uses 1. Residential: a. Single family dwelling. b. Two family dwelling. 7 A.3 Permitted use subject to site plan Approval 1. Business: a. Multiple dwelling; up to four (4) dwelling units in a single structure. b. Indoor retail sales, less than 15,000 square feet gross floor area. C. Banks, savings and loans and credit bureaus. d. Professional offices. Wednesday July 19, 1989 e. f. 9. h. i. J• k. 1. Page 3 Business offices. Indoor restaurants and taverns (but no.t drive-in restaurants). Personal service establishments. Hotels, motels, tourist homes and rooming houses. Kennels,.veterinary clinics, animal shelters and pet shops. Indoor.theaters. Indoor commercial recreation facilities. Automobile and vehicular sales: used vehicles permitted only in combination with new. - 7 A.4 Uses Subject to Conditional Permit 1. Residential: a. Multiple family dwelling with over four (4) dwelling units. 2. Religious Institutions: a. Churches, chapels, temples, synagogues and related uses. 3. Business: a. Commercial garages. b. Automotive repair shops c. Gasoline service station d. Car wash operations. e. Outdoor and drive in restaurants f. Outdoor sales of: (1.) Boats (2) House trailers (3) Recreational vehicles (4) Horticultural products and supplies. g. Used car sales. h. Retail sales over 15,000 square feet, .shopping centers and malls 4. Educational institutions: a. Schools -public and private; all age groups b. Libraries. 5. Recreational and social activities: a. Public and private clubs b. Parks and playgrounds c. Public swimming pools d. Campgrounds - public and commercial e. Golf courses and miniature golf. f. Outdoor commercial amusement centers. g. Outdoor and drive-in theaters. 6. Health, medical and care services: a. Hospitals b. Clinics c. Child day care centers d. Nursing homes e. Mortuaries ^eferral to ?lanning Board )avid Yaman >ite Plan letter from M.Snyder to Homer Gutchess screening Junk Yard Wednesday July 19, 1989 Page 4 7. Transportation and utility uses: a. Public utility substations b. Bus terminals c. Railroad lines and terminals d. Communication towers and antennae e. Storage warehouses f. Truck terminals g. Air landing fields 8. Additions to Existing and All New Industrial Facilities: a. All types SECTION 4. The Zoning Map of the Town of Cortlandville heretofore adopted by Local Law No. 1 for the Year 1986 is hereby amended by changing the 14.46+ acre parcel (J.M.Murray Center, Inc.) Known as Town of Cortlandville Tax Map No. 86.09-02-01.000 (1989) from "Business" to "Business Transition" zone designation. Said zone change shall be entered upon said Zoning Map. SECTION 5. This Local Law shall take effect in accordance with the provisions of the Municipal Home Rule Law. Supervisor Pierce offered the privilege of the floor to David Yaman. Mr. Yaman apprised the Board of his intent to remodel the former Dairy Queen building on Rt.281 and asked what he neded to do. RESOLUTION #187 REFERRAL TO CORTLANDVILLE PLANNING BOARD - DAVID YAMAN - RT. 281 - SITE PLAN Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, Mr. David Yaman submitted his plans to the Town Board regarding his desires to remodel the properties of the former Dairy Queen on Rt. 281, and WHEREAS, upon review of said plans and questions by the Town Code Enforcement Officer and Board members it has been determined that said project does not require a Special Permit, therefore BE IT RESOLVED, that this application for a Site Plan Approval shall be referred to the Cortlandville Planning Board for their review and determination. A motion was made by Councilman Thorpe, seconded by Councilman Testa, to receive and file a copy of the letter from Mayo Snyder to Mr. Homer Gutchess. All voting aye, the motion was carried. The letter was regarding the use of evergreen trees for use in screening Contento's Junkyard from highway view. 1 1 Wednesday July 19, 1989 Page 5 The reports of the various departments are on the table for review, and are available for inspection, on request, in the Town Clerks office. RESOLUTION # 188 RECEIVE AND FILE AND TABLE DISCUSSION NYS DEC LETTER - NAMAN CORPORATION TABLE & rec & file Motion by Councilman Thorpe Seconded by Councilman O'Donnell DEC letter VOTES: ALL AYE ADOPTED NANAM CORP WHEREAS, Supervisor Pierce has received a letter from the NY State DEC, regarding the Lead Agency status for Nanam Corp. and the water supply permit application by Nanam, and WHEREAS, Supervisor Pierce has also received copies of such to Homer Mayor, Mary Alice Bellardini and James Feuss, Cortland County Health Director, and WHEREAS, Homer Mayor, Mary Alice Bellardini has recommended in a letter to the DEC that the DEC or The Town of Cortlandville be Lead Agency for this project, and WHEREAS, the Town Board needs time to review these documents, therefore BE IT RESOLVED, that this matter regarding the application by Nanam Corp. for a water supply is hereby tabled until this Board and the Town Attorney can further review all aspects involved, and also RESOLVED, that said documents and letters shall be received and riled. RESOLUTION #189 REFERRAL TO TOWN PLANNING BOARD - SPECIAL PERMIT - PALL TRINITY Motion by Councilman O'Donnell referral to Seconded by Councilman Thorpe Town Planning VOTES: ALL AYE ADOPTED Special Permit Pall Trinity WHEREAS, application has been made by Pall Trinity Micro Corporation to develop over the Aquifer, and WHEREAS, the next step in the process is review by the County Planning Board and the Town Planning Board, therefore BE IT RESOLVED, that the application for a Special Permit by Pall Trinity is hereby referred to the Cortlandville Planning Board for their review and recommendation. RESOLUTION #190 DECLARE NEGATIVE IMPACT - SPECIAL PERMIT - TSC INDUSTRIES - Motion by Councilman O'Donnell Declare Negative Impact -Special Seconded by Councilman Thorpe Permit TSC VOTES: ALL AYE ADOPTED WHEREAS, per State Environmental Quality Review Act, TSC Industries is required to file a Short Environmental Assessment Form to determine if their proposed project will have any impact on the environment, and 142 Approve Special Permit - TSC Authorize Blue loose to use Recycling Bins Wednesday July 19, 1989 Page 6 WHEREAS, the Town Board as Lead Agency has reviewed said form, therefore BE IT RESOLVED, that the Town Board does hereby declare that the proposed project of TSC Industries will have no significant impact on the environment, and also RESOLVED, that the Supervisor is hereby authorized to sign a Negative Declaration regarding the application. RESOLUTION 191 APPROVE SPECIAL PERMIT - TSC INDUSTRIES Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, application was made by TSC Industries, Inc for an Aquifer Protection Area Special Permit and recommendations have been received from the County Planning Board and the Town of Cortlandville Planning Board and a hearing had been duly held before the Town Board, now therefore BE IT RESOLVED, that the Town Board does hereby authorize approval of an Aquifer Protection Area Permit No. 7 for 1989 for TSC Industries, Inc. RESOLUTION #192 AUTHORIZE BLUE MOOSE SANITATION TO USE RECYCLING BINS FOR CARDBOARD Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: AYE Supervisor Pierce Councilman Thorpe Councilman O'Donnell Councilman Testa NAY Councilman Rocco WHEREAS, a request was received from Dave Parker, Owner of Blue Moose Sanitation, to use the recycling bins in the Town for a drop-off station for recyclable materials from businesses and residences in the Town, and WHEREAS, the Board members have reviewed this request and find it to be reasonable, therefore BE IT RESOLVED, that Blue Moose Sanitation is hereby authorized to use the Town's recycling bins as drop-off locations for recycling materials collected from businesses and residences in the Town of Cortlandville. A discussion followed regarding a proposed newsletter for the Town of Cortlandville. Supervisor Gary Vangorder Pierce apprised that he notified Gary VanGorder to Newsletter proceed with said newsletter. There will be two distributed during the remainder of the year. RESOLUTION #193 AUTHORIZE HIRING ATTY CHATFIELD - ZONING VIOLATIONS Authorize hiring Motion by Councilman Thorpe Atty Chatfield Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED 1 1 fl Wednesday July 19, 1909 Page 7 BE IT RESOLVED, that Attorney, Scott Chatfield from Tully, NY be and hereby is authorized to begin proceedings concerning zoning violations in the Town of Cortlandville to be paid from B8010.1 at a fee of $100.00 per hour. Town Historian, Alice Blatchley presented a display that she had presented at Little York recently. She explained the display and apprised that this subject is low on the priority list but needs to be considered. The Cortlandville historical society is going to try to get to some of the area cemeteries and get the lichens Historian off the stones. This is a fungus that has grown over Report the years and causes the stones to flake. Supervisor Pierce apprised that Mr. Homer Gutchess is donating a redwood fence for the cemetery near SCM. A motion was made by Councilman Thorpe, seconded by Councilman O'Donnell, to recess the regular meeting and convene to an Executive Session, regarding Real Estate. All voting aye, the motion was carried. The following information was received from the Supervisor's office: A motion was made by Councilman Thorpe, seconded by Councilman O'Donnell, to adjourn the Executive Session and reconvene the Regular Meeting. All voting aye, the motion was carried. No action was taken. A motion was made by Councilman Testa, seconded by Councilman Thorpe, to adjourn the regular meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:50 p.m. Resp ctfully submi ted, Pauline H. Parker CMC Town Clerk Town of Cortlandville