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Home My WebLink About04-01-19876 Wednesday, April 1, 1987 7:30 P.M. PUBLIC HEARING LOCAL LAW NO. 3 OF THE YEAR 1987 TO AMEND LOCAL LAW NO. 2 OF 1983, FLOOD DAMAGE PREVENTION REGULATION A Public Hearing was held at the Town Hall, 15 Terrace Road, Cortland, New York, at 7-30 o'clock p.m., concerning Local Law No. 3 for the year 1987, to amend Local Law No. 2 of 1483, Flood Damage Prevention Regulation. Members present: Supervisor Melvin Pierce Councilman Raymond Thorpe Councilman Edwin O'Donnell_ Councilman Ronal Rocco Town Clerk Pauline Parker absent: Councilman Warren Manning Others present were Attorney, Phillip Rumsey; Highway Superintendent, Carl Bush; Cortland County Legislator, Delmar C. Palm; Cortland Standard News Reporter, Mike Middelstadt, and town residents Karen Bush, Douglas Hatch, Robert Moore, Steven and Jamie Dangler. Supervisor Pierce opened the Public Hearing at 7:30 o'clock p.m. The Town Clerk read aloud the legal notice as follows: LEGAL NOTICE - TOWN OF CORTLANDVILLE LOCAL LAW NO. 3 FOR YEAR 1987 Notice is hereby given that a Public Hearing will be held before the Super- visor and Town Board of the Town of Cortlandville, Cort- land County, New York, at the Town Hall, Cort- landville, New York on the 1st day of April, 1987 at 7:30 o'clock p.m. concerning proposed Local Law No. 3 for the Year 1987, providing for the amendment of Local Law No. 2 for the year 1983 (Flood Damage Preven- tion), which amendment would change regulations affecting the rights and responsibilities of owners and users of land in the Town of Cortlandville which is in areas associated with flooding or in .established special flood hazard areas, i and would change various definitions including 'Mobile Homes.' At the time and place of said hearing all parties in interest and citizens shall have an opportunity to be heard. Dated: March 19, 1987 Pauline H. Parker, Town Clerk Town of Cortlandville 15 Terrace Road Cortland, New York 13045 68-1 t r^* Wednesday, April 1, LI?87 P.H. Pg. 2 7:30 P.M. Attorney Rumsey advised those present that this regulation was required in 1983 by the Federal Emergency Management Agency in order to minimize flooding through; controls on land usage. An update of the regulation, including definition changes, were necessary at this time to maintain federal flood insurance coverage for area residents. Areas of special flood hazard, to which this regulation applies, were identified by the Federal insurance Administration in a scientific and engineering report entitled "The Flood Tnsurance Study for the Town of Cortl.andville" dated February 15, 1983, with accompanying maps. There being no further questions or comments from those in attendance, a motion was made by Councilman Thorpe, seconded by Councilman Rocco, to adjourn the Public Hearino. All voting aye, the motion was carried. The Public Hearing adjourned at 7:35 o'clock p.m. I. Wednesday, April 1, 1987 7:45 P.M. PUBLIC HEARING LOCAL LAW NO. 4 OF THE YEAR 1987 PROVIDING FOR THE AMENDMENT OF LOCAL LAW NUMBER ONE FOR THE YEAR 1986 AND THEREBY CHANGING REGULATIONS IN FLOOD HAZARD AREAS AND DEFINITIONS INCLUDING MOBILE HOMES AND ESTABLISHING FEES FOR PERMITS AND VARIANCES. A Public Hearing was held at the Town Hall, 15 Terrace Road, Cortland, New York, at 7:45 o'clock p.m., concerning Local Law No. 4 for the year 1987, to amend Local Law No. 1 of 1996, Town of Cortlandville Zoning Law. Members present: Supervisor Melvin Pierce Councilman Raymond Thorpe Councilman Edwin O'Donnell Councilman Ronal Rocco Town Clerk Pauline Parker absent: Councilman Warren Manning Others present were Attorney, Phillip Rumsey; Highway Superintendent, Carl Bush; Cortland County Legislator, Delmar C. Palm; Cortland Standard News Reporter, Mike Middelstadt, and town residents Karen Bush, Douglas Hatch, Robert Moore, Steven and Jamie Dangler. Supervisor Pierce opened the Public Hearing at 7:45 o'clock p.m. The Town Clerk read aloud the legal notice as follows: LEGAL NOTICE TOWN OF CORTLANDVILLE LOCAL LAW NO. 4 FOR YEAR 1987 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 the Town Board of the Town of Cortlandville, Cortland. County, New York at the Town Hall, 15 Terrace Road, Town of Cort- landville, New York on April 1, 1987 at 7:45 o'clock p.m. concerning proposed Local Law No. 4 for the Year 1987, providing for the amendment of Local Law No. 1 for 1986,(Cortlandville Zoning Law) which amend- ment would change regula- tions affecting the rights and responsibilities of owners and users of land in the Town of Cortlandville which is in areas associated with flooding or in establish- ed special flood hazard areas, and would change various definitions in- cluding 'Mobile Homes,' and would establish fees for permits and variances. At the time and place of said hearing all parties in interest and citizens shall have an opportunity to be heard. Dated: March 19, 1987 Pauline H. Parker, Town Clerk Town of Cortlandville 15 Terrace Road Cortland, New York 13045 68-11 1 1 1 VA M Wednesday, April 1, 1987 P.H. Pg. 2 7�45 P.M. Attorney Rumsey advised those present that the Flood Prevention Regulations as adopted by Local Law No. 2 of 1983, were incorporated into the Town of Cortlandville Zoning Law, per Local Law No. 1 of 1986p in a slightly different format. Local Law No. 4 o� 1987, will update Article 13 of the Town of CortIandville Zoning Law regarding Flood Damage , Prevention, and will also establish a fee schedule for permits and variances. There being no further questions or comments from those in attendance, a motion was made by Councilman Rocco, seconded by Councilman Thorpe, to adjourn the Public Hearing. All voting aye, the motion was carried. The Public Hearing adjourned at 7:50 o'clock p.m. 11 Wednesday, April 1, 1987 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, with Supervisor Pierce presiding. Members present: Supervisor Melvin Pierce Councilman Raymond Thorpe Councilman Edwin O'Donnell Councilman Ronal Rocco Town Clerk Pauline Parker absent: Councilman Warren Manning Others present were Attorney, Phillip Rumsey; Highway Superintendent, Carl Bush; Cortland County Legislator, Delmar C. Palmy Cortland Standard News Reporter, Mike Middelstadt, and town residents Karen Bush, Douglas Hatch, Robert Moore, Steven and Jamie Dangler. The meeting was called to order by Supervisor Pierce immediately -following the Public Hearing on Local Law No. 3 for 1987, regarding amendment of Local Law No. 2 of 1993, Flood Prevention Regulations. Local Law #3 RESOLUTION rt77 LOCAL LAW NO. 3 OF 1987 PROVIDING of 1987 FOR THE AMENDMENT OF LOCAL LAW Amending #2 of '83 Flood Hazard Areas NUMBER TWO FOR THE YEAR 19133 AND THEREBY CHANGING REGULATIONS IN FLOOD HAZARD AREAS Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES- ALL AYE ADOPTED BE IT ENACTED, by the Town Board of the Town of Cortlandville as follows: SECTION 1. Local Law Number 2 for the Year 1983 -for the Town of Cortlandville is hereby amended at Section 2.0 by deleting in full the following specific terms and their definitions: "Existinn Mobile Home Park: or I'lobiie Home Subdivision "Expansion to an existing mobile home part; or mobile home subdivision" "Lowest Floor" _ Mobile Home "Start of Construction" "New mobile home park; or mobile home subdivision" SECTION 2. Local Law Number 2 for the Year 1983 for the Town of Cortlandville is hereby amended at Section 2.0 by adding the following terms and -their definitions in their alphabetical placement within the existing list of terms: ii� c lowest level including Lowest Floor" means 1_a.__ l�._ �-lulling basement or cellar of the lowest enclosed area. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement is not considered a building's lowest floor; provided, Wednesday, April 1, 1987 Page 2 that an enclosure is not built so as to render the structure in violation of the applicable non - elevation design requirements of this Local Law. " " means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended -to be improved property. This term also includes all additions made subsequent to installation and appurtenant structures thereto. "Mobile Home" See "Manufactured Home" means the initiation, excluding planning and design of any phase of e project, physical alteration of the property, and shall include land preparation, such as clearing, grading, and filling; installation of streets and/or walkways; excavation for a basement, footings, piers, or foundations or the erection of temporary forms- It also includes the placement and/or installation on the property of accessory buildings (garages, sheds), storage trailers and building materials. For manufactured homes the "actual start" means affixing of the manufactured home to its permanent site. SECTION 3. Local Law Number 2 for the Year 1983 for the Town of Cortlandville is hereby amended by deleting subdivision (3) of Section 5.2-3. SECTION 4. Local Law Number 2 for the Year 1983 for the Town of Cortlandville is hereby amended by adding the following sentence of Section 4.1: Applications for new and substantially improved structures shall also include the elevation of the proposed lowest floor (including basement). SECTION 5- Local Law Number 2 for the Year 1983 for the Town of Cortlandville is hereby amended by adding a new subdivision (3) to Section 5.1-2 to read as follows, (3) For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. Wednesday, April 1, 1987 Page 3 SECTION 6. Local Law Number 2 for the Year 1983 for the Town of Cortlandville is hereby amended by changing the last two lines of the paragraph immediately preceding subdivision "i." of Section 5.2-3(2) to read as follows: in a mobile home park or mobile home subdivision, and for placement of manufactured homes in existing parks, require that: SECTION 7. This Local Law shall take effect in accordance with the Municipal Home Rule Law. Local Law #4 of RESOLUTION #78 ADOPT LOCAL LAW NO . 4 OF THE YEAR 1987 amending 1997 PROVIDING FOR THE AMENDMENT OF #1 of 1986 Zoning LOCAL LAW NUMBER ONE FOR THE YEAR Law - Flood Damage 1986 AND THEREBY CHANGING REGULATIONS IN FLOOD HAZARD AREAS AND DEFINITIONS INCLUDING MOBILE HOMES g AND ESTABLISHING FEES FOR PERMITS AND VARIANCES Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT ENACTED, by the Town Board of the Town of Cortlandville as follows: SECTION 1. Local Law Number 1 for the Year 1986 for the Town of Cortlandville is hereby amended at Section 1.2 (3.) by deleting in full the following specific terms and their definitions: "Start of Construction" "Existina Mobile Home Park or Mobile Home Subdivision "Expansion to an existing mobile home park or mobile home subdivision" "Mobile Home Park" "House Trailer Park" "New mobile home oa-k or mobile home subdivision" "Lowest Floor" "Mobile Home" SECTION 2. Local Law Number 1 for the Year 1986 for the Town of Cortlandville is hereby amended at Section 1.2 (3.) by adding the following terms and their definitions in their alphabetical placement within the existing list of terms: "Lowest Floor" means lowest level including basement or cellar of the lowest enclosed area. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement is not considered a building's lowest floor; provided, that an enclosure is not built so as to render the structure in violation of the applicable non - elevation design requirements of this Local Law. "Manufactured Home" means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when 1 1 Wednesday, April 1, 1987 Page 4 connected to the required utilities. The term alao includes park trailers, travel trailers, and similar transportable structures placed on a site for 160 consecutive days or longer and intended to be improved property. This term also includes aIl additions made subsequent to installation and appurtenant structures thereto. ` "Mobi le Home" See "Manufactured Home" " Construction" means the initiation, excluding planning and design of any phase of a project, physical alteration of the property, and shall include land preparation, such as clearing, grading, and -filling-, installation of streets and/or walkways; excavation for a basement, footings, piers, or foundations or the erection of temporary forms. It also includes the placement and/or installation on the propertly of accessory buildings (garages, sheds), storage trailers,and building materials. For manufactured homes the "actual start" means affixing of the manufactured home to its permanent site. SECTION 3. Local Law Number 1 for the Year l986 for the Town of Cortlandville is hereby amended by deleting subdivision (2) of Section 13.7 (1.) (g). SECTION 4. Local Law Number 1 for the Year 19B6 for the Town of Cortlandville is hereby amended by adding the following sentence to Section 13.6 Applications for new and substantially improved structures shalI also include the elevation of the proposed lowest floor- ( i nc 1. ud i ng basement), SECTION 5. Local Law Number 1 for the Year 1996 for the Town of Cortlandville is hereby amended by adding a new subdivision (3) to Section 13.7 (b.) to read as follows: (3) For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior wall5 by allowing fnr the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. SECTION 6. Local Law Number 1 for the Year 1986 for the Town of Cortlandville is hereby amended by Wednesday, April 1, 1997 Page 5 changing the last line of the paragraph immediately preceding subdivision "i." of section 13.7 (1.) (g.) (2) to read as follows: or mobile home subdivision, and for placement of manufactured 'homes in existing parks, require that: SECTION 7. Local Law No. 1 for the Year 1986 of the town of Cortlandville is hereby amended by adding the following sentence to subdivision 1. of Section 12.2: With each application a fee shall be paid in the amount of $50.00, except with an application for a change in use, in which case a fee in the amount of $25.00 shall be paid. SECTION 8. Local Law No. 1 for the Year 1986 for the Town of Cortlandville is hereby amended by adding the -following sentence to Section 11.2 (1.): At the time of filing such application, a fee shall be paid in the amount of $50.00, except with an application for a change in use, in which case a fee shall be paid in -thee amount of $25.00. SECTION 9. Local Law No. 1 for the Year 1986 of the Town of Cortlandville is hereby amended by adding a new subdivision 4. 'to Section 18.4 to read as follows: 4. With each application for a variance, a -fee shall be paid in accordance with the following schedule: Residential Bulk Variance $10.00 Residential Use Variance $15.00 Non -Residential Bulk Variance $50.00 Non -Residential Use Variance $75.00 SECTION 10. This Local Law shall take affect in accordance with the Municipal Home Rule Law. Approve T.B. Min. A motion was made by Councilman Thorpe, seconded by Mar. 3, 1987 Councilman Rocco, to approve as written the Mar. 18, 1g87 Cortlandville Town Board minutes of (March 3, 1987, and (larch 18, 1987. All voting aye, the motion was carried. Payment of RESOLUTION #79 AUTHORIZE PAYMENT OF VOUCHERS - APR. Vouchers Apr. Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the vouchers submitted have been audited and shall be paid as follows: General Fund Vouchers #112 - 166 55,054.48 Highway Fund 59 - 86 121,854.97 Water Fund 27 - 38 4,248.16 Sewer Fund 15 - 20 568.20 J Wednesday, April 1, 1?87 Page b The reports of the various departments are on the Department reports table for review, and are available for inspection, on request, in the Town Clerks office. A motion was made by Councilman Rocco, seconded by Rec. & File Councilman Thorpe, to receive and file a copy of the Letter R. Simbe� letter to Richard Simberg, Regional Director of the & J. Seward N.Y.S. Department; of Transportation, -From State Senator, Lime Hollow & Sears Rd. James L. Seward. Al.l voting aye , the motion was Reduce, carried. The letter voiced support of the speed limit reduction request submitted by concerned area residents of Lime Hollow and Sears Road. A motion was made by Councilman Rocco, seconded by Ree. & File Councilman Thorpe, to receive and file the letter from letter J. Seward Senator, James L. Seward, to Supervisor- Pierce. Ali Susquehanna voting aye, the motion was carried. Flood Control The letter assured support -for continued funding of the Susquehanna Flood Control Program during state budoet deliberations. RESOLUTION #BO SET DATE FOR PUBLIC HEARING - Set Date P.H. HIGHLAND ROAD WATER IMPROVEMENT Highland Rd. PROJECT - APR I L 15, 1987 Water Improve. Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES: 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 relating to the e�:tablishment of a water improvement project for the residential area from Fairview Drive northerly along Highland Road to adjacent residential areas of the Town of Cortlandville, as required by Section 209-q and 209-c of the Town Law, and are avai.lahle for public inspection, and WHEREAS, the proposed improvement consists of the extension of water lines into the said area by construction of service pipe, in accordance with the said plans now on rile 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 $250,000.00, and WHEREAS, the proposed method of financing the said improvement is from a grant from the State of New York in the amount of $250,000.00, 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 15th day of April, 1987, at 5:00 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. A motion was made by Councilman O'Donnell, seconded Recess for by Councilman Rocco, to recess the regular meeting and P.H. L. Law ##4. hold the Public Hearing as scheduled for 7:45 o'clock p.m., regarding Local Law No. 4 for the year 19e7, to �G Wednesday, April 1, 1987 Page 7 amend Local Law No. 1 of 1986, Town of Cortlandville Zoning Law, Article 13, Flood Damage Prevention. All voting aye, the motion was carried. A motion was made by Councilman Rocco, seconded by Councilman O'Donnell, to reconvene the regular meeting following the Public Hearing on Local Law No. 4 -For the year 1987. All voting aye, the motion was carried. Set Date P.H. RESOLUTION #81 SET DATE FOR PUBLIC HEARING - LOCAL Local Law #5 LAW NO. 5 FOR THE YEAR 1987 - Aquifer District PROVIDING FOR THE AMENDMENT OF LOCAL LAW NO. 1 FOR THE YEAR 1986 AND THEREBY ESTABLISHING AN AQUIFER DISTRICT IN THE TOWN OF CORTLANDVILLE Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that a Public Hearing regarding Local Law No. 5 for the 1987, providing for the amendment of Local Law No. 1 for the year 1986, and thereby establishing an Aquifer District in -the Town of Cortlandville, will be held before this Town Board on May 6, 1987, at 7::35 o'clock p.m., in the Town Hall, 15 Terrace Road, Cortland, New York, and RESOLVED, that copies of the proposed Local Law No. 5 for the year 1987, establishing a Aquifer District in the Town of Cortlandville, shall be forwarded for review to the Cortland County Board of Health, Cortland County Planning Department, City of Cortland Water Board, and the Town of Cortlandville Planning Board. Auth. Advert. RESOLUTION #82 AUTHORIZATION TO ADVERTISE FOR BIDS - Bids limestone CRUSHED LIMESTONE MATERIAL delivered Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Highway Superintendent, Carl Bush, is hereby authorized to advertise by legal notice, letting of the bids for crushed limestone material, delivered, to be opened on May 6, 1997, at 12:00 o'clock p.m., noon, and awarded on May 6, 1987, at 7:30 o'clock p.m. Purchase RESOLUTION #83 AUTHORIZATION TO PURCHASE SERVICE Maint. Contract CONTRACT - NEW SAV I N COPIER S avin Copier Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED, that Supervisor- Pierce is hereby authorized and directed to contract with Standard Copy Products for a maintenance agreement on the new Savin copier, for a period of one year, and RESOLVED, that the cost of maintenance service for one year in the amount of $278.25, shall be paid from A1670.4 1 1 1 rr> Wednesday, April 1" 1937 Page 8 Supervisor Pierce advised those present that in the DiaDosaiou future, individuals attending the meeting to initiate a T.B. Meeting discussion should submit a request in writing to the Procedures Supervisor's office, stating their name and subject to be discussed for inclusion on the meeting agenda. Brief questions and comments from those attending are welcome, however advance notice for extended ~ discussion permits research and better use of available time. Privilege of the floor discussion will be limited to three minutes per speaker. Items of priority on the agenda will be provided for publication in the Cortland Standard and a tentative agenda will be posted prior to the meeting on the front vestibule bulletin board. A motion was made by Councilman Thorpe, seconded by Councilman Rocco, to adjourn the regular meeting and convene to an executive session on a matter of pending litigation. All voting aye, the motion was carried. The following information was received from the Supervisors office. A motion was made by Councilman Thorpe, seconded by Councilman Rocco, to adjourn the executive session and reconvene to the regular meeting. All voting aye, the motion was carried. 1111, No action was taken' A motion was made by Councilman Rocco, seconded by Councilman O'Donnell, to adjourn the regular meeting. All voting aye, the motion was carried. The meeting adjourned at 9:01 o'clock p.m. Pauline H. Parker Town Clerk Town of Cortlandville ~