HomeMy WebLinkAbout09-04-19851_ el 2
Wednesday, September 4, 1985 7:3( P.M.
PUBLIC HEARING
REVISED ZONING ORDINANCE (LAW)
A Public Hearing was held at the Town Hall, Town of
Cortlandville, at 7:30 P.M. concerning the revised zoning
law for the Town of Cortlandville.
Members present: Supervisor Stanley Nadolski •
Councilman Edwin O'Donnell
Councilman Warren Manning
Councilman Melvin Pierce
Councilman Ray Thorpe
Town Clerk Pauline Parker
Others present were Attorney, Phillip Rumsey; Zoning
Officer, Max Sammons; Ron Slotkin, Cortland County Planning
Dep't.; Assessor, David Briggs; Engineer, Hayne Smith;
Newsreporter, Mike Middlestadt and many town residents.
The Public Hearing was opened by Supervisor Nadolski
at 7:30 P.M.
The Town Clerk read the legal notice as follows:
LEGAL NOTICE
TOWN OF
CORTLANDVILLE
Notice is hereby given
that a public hearing will be
held pursuant to Town Law
Section 264 before the
Supervisor and the Town
Board of the Town of Cort-
landville, Cortland County,
New York at the Town Hall,
15 Terrace Road, Town of
Cortlandville, New York on
September 4, 1985 at 7:30
o'clock p.m. in relation to
the new Zoning Law for the
-Town of Cortlandville which
been proposed and
`has
recommended by the duly
appointed Zoning Commis-
sion of the Town of Cort-
landville.
Said proposed Zoning
Law regulates and restricts
construction and use of
structures and land within
the Town of Cortlandville
and establishes zoning
districts each having dif-
ferent regulations and
restrictions.
A copy of the proposed
Zoning Law is available for
inspection at said Town
Hall.
At the time and place of
said hearing all parties in
interest and citizens shall
l
have an opportunity to be
heard.
PAULINE H. PARKER,
Clerk
Town of Cortlandville
' 15 Terrace Road
Cortland, New York
13045
197-1t
Supervisor Nadolski advised those in attendance that
this revized zoning law has been in the works for over two
years. Our appointed Zoning Commission have devoted a lot
of time and thought to this program. It has been reviewed
by the Cortland County Planning Dept. The Town Board has
held two public hearings regarding this matter. One was
held at the Town Hall and one was held in the Village of
McGraw. Minor changes have occurred during- this process.
Another meeting is scheduled by the zoning commission to
be held on September 17, 1985-
s 170
Wednesday, -September 4, 1985
Public Hearing
Supervisor Nadolski allowed those in attendance
the privilege of the floor.
Melvin and Phil Simon, owners of MVE Homes, which
is located in the Town of Cortlandville, expressed concern
because the new ordinance does not allow mobile homes ether
than ag districts. Manufactured homes should be treated as
a home, not a trailer. There was a lengthly discussion
to clarify the terms mobile home, trailers, modulars etc.
!' Joe and Benny Gunzenhauser of Gunzenhauser Real
Estate, stated that the east and west side of Luker Road
used to be zoned R-1. They were of the opinion that the
County Planning had recommended that Luker Road be zoned
business all the way to McLean Road. They requested that
this be done.
A definition of agriculture use was explained. Also
explained was that many areas of the zoning law allows for
variances. It explains the necessary procedures to request
such.
Doug and JoLynne Staley requested the definition
of the new law relating to having a dog kennel, and how
and when it is determined to be a business.
A discussion was held statLrig that a dog kennel
could be used for a hobby, b-eeding purposes for re -sale
as a busines or just for family pets. There is nothing
under NYS Ag and Markets Law in re-ards.to.a.kennel license
that refers to where a kennel may be located. There are
several kennel licenses issued in the Town. Six are located
in a R-1 district, two are located in an Ag district.
Paul Stupke requested an explannation of non -conforming
use, and how it pertains to a farm.
It was explained that when the usage of a location
changes, it must conform to what is allowed in that zoning
area.
James Yaman, a local real estate agent, complimented
the Town Board for having prepared and presenting a zoning
program to the residents of the town which is excellent.
It provides a fair and workable program and is in the best
interest of the residents of the town.
Phil Simon requested an explanation of the planned
unit development regarding permitted uses of mobile home
parks and mobile homes. The revised zoning law provides
for a new mobile to be placed only in a designated mobile
home park or an ag district to be used only for ag use.
Mr. Simon requested the Town Board to review this
and allow mobile homes and manufactured homes to be placed
in other districts. The housing market of today should
be viewed differently today than it has been in the past.
Joe Gunzenhauser state that he assisted in writing
the City of Cortland ordinance and he felt the revised
zoning law being presented has been well done.
There being no further comments or questions,
Councilman Pierce made a motion, seconded by Councilman
O'Donnell, to adjourn the public hearing. All voting aye,
the motion was carried.
The Public Hearing was closed at 8:10 p.m.
o �r
71
Wednesday, September 4, 1985 Page 1,
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 following the Public Hearing for the
revised Zoning Law of 1985.
Members present: _Supervisor Stanley Nadolski
Councilman Edwin O'Donnell
Councilman Warren Manning
Councilman Melvin Pierce
Councilman Ray Thorpe
Town Clerk Pauline Parker
EmplbyeuS�7 present were Attorney, Phillip Rumsey;
Assessor, David Briggs; Zoning Officer, Max Sammons;
Engineer, Hayne Smith; and Newsreporter, Mike Mi.ddlestadt.
Others present were Melvin Simon, Phil Simon, Benny
Gunzenhauser, Joe Gunzenhauser, Doug Staley, JoLynn Staley
Jim Yaman, Paul Stupke and Ken Andrews. Also in attendence
were Sherry Tillema, Manager of Sammons Communications and
Jack Butti no.
A Public Hearing was held concerning the Revised
Zoning Law.
The Regular Meeting was called to order by Supervisor
Nadolski at 8:10 p.m.
Supervisor Nadolski introduced Sherry Tillema,
Sammons General Manager of Sammons Communications Cable TV.
Communications
Ms. Tillema stated that the proposed renewal of the
franchise with Sammons Communications has been sent to the
Town for their review.
Ms. Tillema reviewed the tentative programs that
will be added to their services in the future. They will
commence with the city area first and then will be extended
to outlying areas as time permits.
Jack Buttino, our representative of the Cable Comm-
ission, advised the board that he would be available to
answer any questions they may have as they review the
proposed contract with Sammons Communications, or will
meet with them again, if so desired.
Councilman Thorpe made a motion, seconded by Council-
man 0' Donnell, to receive and file the correspondence
from Sammons Communications Inc. relating to a schedule
of workshops they are offering. All voting aye, the
motion was carried.
Councilman Manning made a motion, seconded by
approve Councilman Thorpe, to approve the minutes of July 10, 1985,
minutes July 15, 1985, August 7, 1985 and August 19, 1985, as
written. All voting aye, the motion was carried.
Councilman 0,'Donnell made a motion, seconded by
by Councilman Pierce, to receive and.file the Cortlandville
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Wednesday, September 4, 1985 page 2
Planning Board minutes of August 27, 1985. All
voting aye, the motion was carried.
RESOLUTION # 157 AUTHORIZE PAYMENT OF VOUCHERS
Motion by Councilman Thorpe
Seconded by Councilman Pierce
VOTES: ALL AYE ADOPTED
BE IT RESOLVED that the vouchers submitted have been
audited and shall be paid as follows:
General Fund Vouchers #351 - #386 $12,527•40
Highway #185 - #200 29,953.18
Water Fund #108 - #111 1,813.79
Sewer Fund # 47 - # 50 496.14
audit
vouchers
Assessor, David Briggs, reported that next week assessment
he will be mailing out a data mailing form to all residential update
property owners for the forthcoming assessment update.
This procedure is to verify the information that
we have on file for their property.
Town resident, Paul Stupke, asked if the Town Board Paul
are planning to prosecute all residents in the Town that Stupke
are parking their commercial owned vehicles at their zoning
residence.
Councilman Manning explained that if a resident
parks eight or ten commercial vehicles at their residence
which is located in a R-1 zoning area, they will be
advised that this is not permissible,if there are complaints.
Councilman Manning also explained that the Town Board
is- attempting to up -grade the enforcement of violations,
and to respond to complaints received.
Councilman Manning made a motion, seconded by
Councilman O'Donnell, to receive and file the S.P.C.A.
report for July 1985. All voting aye, the motion was
carried.
Councilman O'Donnell made a motion, seconded by
Councilman Thorpe, to receive and file Justice Fowler's
report for July 1985. All voting aye, the motion was
carried.
Reports of various departments are on the table
for review or are available, upon request, in the Clerk's
office.
Councilman Manning made a
Councilman O'Donnell, to receive
from Paul Wilcox of Meadow Lane,
aye, the motion was carried.
The letter was a complaint
or a small business enterprise at
N.Y.
motion, seconded by
and file the letter
Cortland, NY. All voting
concerning a dog kennel
4357 West Road, Cortland,
spca
report
Justice
report
zoning
complaint
dogs -West Rd
A kle v_3
Wednesday, September 4, 1985 Page 3
RESOLUTION # 158 ACCEPT LIQUOR LICENSE RENEWAL
- GOLDEN LUNCH -
Motion by Councilman O'Donnell
Seconded by Councilman Thorpe
VOTES: ALL AYE ADOPTED
renew BE IT RESOLVED that notice has been received from the
liquor Golden Lunch. Resturant, located at 3855 West Rd,
license Cortland, NY, that they are renewing their liquor
license in accordance with the Alcoholic Beverage
Control Law.
Councilman Manning made a motion, seconded by
lower Councilman O'Donnell, to receive and file the letter
speed from Mrs. Barbara King, North Homer Ave, Cortland, NY.
limit All voting aye, the motion was carried.
The letter requested that the speed limit be
reduced on North Homer Ave. to protect the children
there.
Councilman Pierce stated that he was in the Lamont
Circle area observing the speeding problem there. He
stated that the residents.there are the biggest offenders.
RESOLUTION # 159 ACCEPT PLANS AND MAP FOR THE C'VILLE
SEWER IMPROVEMENT AREA OF 1985 -
GROTON AVENUE AND NYS ROUTE #281
PROJECT
Motion by Councilman Manning
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
be -Ter BE IT RESOLVED that the Report, Plans and Map of the
Project Cortlandville Sewer,Improvement Area of 1985, (Groton
Rt 28l & Avenue and Route #281 Project) as prepared and :presented
I;roton Ave by Town Engineer, Hayne Smith, is hereby received and
filed, and accepted.
Mr. Joe Gunzenhauser requested that we encouranee
widen the state to widen the road on Route #281 near -the entrance
Rt 281 of the college and the old Overhead Door property. This
should be at least three lanes to accommodate the traffic
flow and also those turning.
Supervisor Nadolski reported that the state has
advised him that there are no plans for improvements or
changes on Route #281 for at least eight years after they
have completed the project at the intersection of Route
#281 and Route #222. However, he would write a letter to
the State expressing Mr. Gunzenhausers concern. The Town
Board also encouraged him to write a.letter:;._..
RESOLUTION # 160 ADOPT ORDER AND SET PUBLIC HEARING
- CORTLANDVILLE SEWER IMPROVEMENT
AREA - GROTON AVENUE AND NYS ROUTE
# 281 PROJECT
Adopt Motion by Councilman Thorpe
order Seconded by Councilman O'Donnell
sewer VOTES: ALL AYE ADOPTED
project
3 fjd
Wednesday, September 4, 1985
Page 4
WHEREAS, there was filed in the Office of the Town Clerk
of the Town of Cortlandville, Cortland County, New York,
maps, plans, and an engineering report relating to the
establishment of a Sewer Improvement Project for the N.Y.S.
Rt. 222/N.Y.S. Rt. 281 area of the Town of Cortlandville,
as required by Section 209-q and 209-c of the Town Law,
and are available for public inspection, and
WHEREAS, the description of the boundaries of the proposed
benefited area is as follows:
ALL THAT TRACT OR PARCEL OF LAND situated in the
Town of Cortlandville, in the County of Cortland
and State of New York, bounded and described as
fol1n s,. .BEGINNING at a�point in the centerline
of..NYS RTE 281 at the southwest corner of Tax
Map Parcel #86.17-01-10.2; thence running North
880 05' East a distance of 1045 feet to a point
in the southeast corner of Tax Map Parcel
#86.17-01-10.2; thence running North 030 20' West
a distance of 431 feet to a. point; thence running
North 870 10' East a distance of 506 feet to a.
point in the southeast corner of Tax Map Parcel
#86.17-01-08; thence running North 020 47' West
a distance of 720 feet to a point in the northeast
corner of Tax Map Parcel #86.17-01-06; thence
running North 870 07' East a distance of 796 feet
to a point in the southeast corner of Tax Map
Parcel #86.13-01-65; thence running North 03 32'
West a distance of 3657 feet along the westerly
corporation line of the City of Cortland to a
point in the northeast corner of Tax Map Parcel
#86.09-01-28.1; thence running South 870 17' West
a distance of 1276 feet to a point in the northwest
corner of Tax Map Parcel #86.09-02-28.1; thence
running South 02 48' East a distance of 2153 feet
tot,a point in the soutYwq-st corner of Tax Map Parcel
#86.13-01-11; thence running North 570 20' West along
the centerline Of Dry Creek a distance of 232 feet
to a'.point in the northwest corner of Tax Map Parcel
#86.13-01-37.2; thence running South 040 56' East
a distance of 698 feet to a point in the centerline
of NYS. RTE 222; thence running South 780 28' West
along the centerline of NYS RTE 222 a distance
of 250 feet to a point; thence running South
460 09' West a distance of 1407 feet to a point
in the northwest corner of Tax Map Parcel
#86.17-01-01; thence running South 020 23' East
a distance.of 480 feet to a point in the northeast
corner of Tax Map Parcel #86.'17-01-16; thence
running South 540 44' West a distance of 251 feet
to a point in the northwest corner of Tax Map
Parcel #86.17-01-16; thence running South
420 31' East a distance of 163 feet to a point
in the centerline of Luker Road; thence running
South 530 25' West along the centerline of Luker
Road a distance of 604 feet to a point in the
northwest corner of Tax Map Parcel #86.17-02-05;
thence running South 030 31' East a distance of
326 feet to a point in the southwest corner of
Tax Map Parcel #86..17-02-05; thence running
North 720 14''East a distance of 1097 feet to
the place of beginning and containing 186.5
acres of land more or less, and
Lead
Agency
Sewer
Project
Wednesday, September 4, 1985 Page 5
WHEREAS, the proposed improvemont consists of the
extension of sewers along.N.Y.S. Rt. 222 and N.Y.S. Rt.
281 iby the construction of approximately 1900 lineal
feet, 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 $149,000.00, and
WHEREAS, the proposed method of financing the said
improvement is as follows: 100% of said cost will be
financed with bonds issued by the Town of Cortlandville
for a maximum term of 20 years and at the interest
rate prevailing at the time of sale said bonds to be
retired by payments received from the users and.
benefitors of the sewer improvement through sewer rates,
charges and fees in the first instance, and only if
necessary by Town charges, IT IS HEREBY
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 23rd day of
September, 1985 at 4:30 o'clock in the afternoon of that
day to hear all persons interested in the proposed
sewer improvement, and for such other action of said
Town Board with relation to the said sewer improvement,_
as may be required by law or be deemed proper.
RESOLUTION # 161 NAME CORTLANDVILLE TOWN BOARD AS
LEAD AGENCY - CORTLANDVILLE
SEWER IMPROVEMENT AREA OF 1985
Motion by Councilman Manning
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED that the Cortlandville Town Board is
hereby named the Lead Agency for the Cortlandville
Sewer Improvement Area of 1985, Groton Avenue and
NYS Route 281 Project, and further
RESOLVED that the Town Clerk is hereby authorized to
notify the proper agencies.
1985 RESOLUTION # 162 AUTHORIZE SIGNING OF THE 1985
Agreement AGREEMENT WITH ATLANTIC -INLAND INC.
Atlantic FOR FIRE INSPECTIONS
Inland
Motion by Councilman Thorpe
Seconded by Councilman Manning
VOTES: ALL AYE ADOPTED
BE IT RESOLVED thatthe Supervisor is hereby authorized
and directed. to sign the 1985 Ireement with Atlantic -
Inland, Inc., in the amount of5,750.00, for fire
inspections within the Town of Cortlandville
RESOLUTION # 163 AUTHORIZE REZONING OF PARCEL
rezone NO. 96.o6-01-15.
parcel
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September 4, 1985 Page 6
Motion by Councilman Pierce
Seconded by Councilman Thorpe
VOTES: ALL AYE ADOPTED
BE IT RESOLVED that the Town Board does hereby authorize
rezoning of Tax Map Parcel No. 96.06-01-15.
There being no further business, Councilman Pierce
made a motion, seconded by Councilman Manning, to adjourn
the meeting. All voting aye, the motion was carried.
The meeting was adjourned at 8:35 p.m.
Respectfully mitted,
Pauline H. Parker
Town Clerk
Town of Cortlandville