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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 1 1 0 I i U 5 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 1 1"' 0 1.el9 1 0 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