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HomeMy WebLinkAbout07-15-1987qc Wednesday July 15, 1487 7:00 P.M. Public Hearing HIGHLAND ROAD AREA WATER IMPROVEMENT PHASE II A Public Hearing was held at the Town Hall, 1.5 Terrace Road, Cortland, New York at 7:30 o'clock p.m, concerning installing water lines for the project known as "Highland Road Area Water Improvement Phase II." Members present: 7-l3-ig'7 LEGAL NOTICE TOWN OF CORTLANDVILLE ORDER PURSUANT TO TOWN LAW Section 209-q (3) WHEREAS, there was fil- ed in the Office of the Town Clerk of the Town of Cort- landville, Cortland County, New York, general plans relating to the estab- lishment of a water im- provement project for the residential area north from N.Y.S. Rt. 222 along Highland Road to adjacent residential areas of the Town of Cortlandville and designated "Highland Road Area Water Improvement — Phase II,", as required by Section 209-q and 209-c of the Town Law, and are available for public inspec- tion, and WHEREAS, the proposed improvement consists of the extension of water lines into the said area by construc- tion of service pipe, in ac- cordance with the said plans now on file in the Of- fice of the Town Clerk of the Town of Cortlandville, and WHEREAS, the max- imum amount proposed to be expended for said im- provement is $168,500.00 and WHEREAS, the proposed method of financing the said improvement is from bonds issued by the Town of Cort- landville at a maximum term of 20 years at prevail- ing interest, said bonds to be retired by payments from users and benefitors of the water improvement through water rates, charges and fees in the first instance and if necessary by Town charges, IT IS HEREBY ORDERED, that a meeting of the Town Board of'the said Town of Cort- landville shall be held at the Town Hall, Terrace Road, Cortland, New York on the 15th day of July, 1987 at 7:00 o'clock p.m. of that day to hear all persons interested in the proposed water im- provement, 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. Adopted: July 1, 1987 Pauline H. Parker, Town Clerk Town of Cortlandville 15 Terrace Road Cortland, New York 13045 157-1t Supervisor, Melvin Pierce Councilman, Edwin O'Donnell Councilman, Warren Manning Councilman, Raymond Thorpe Councilman, Ronal Rocco Town Clerk, Pauline Parker Others present were Attorney, Phillip Rumsey; Highway Sup't., Carl Bush; Zoning Officer, Bruce Weber; Newsreporter, Kevin Conlon and residents, Karen Bush, Seymour Parker, Charles Capazano, William McDermott, Dean Owen, Dr. Yen and other residents from the Highland Road area. Supervisor Pierce opened the Public Hearing at 7:30 o'clock p.m. following the pledge of allegiance to the flag. The Town Clerk read aloud the following legal notice: Attorney Rumsey explained that the purpose for tonight's hearing was to extend the project in relation to the cost factor. The monies received from the State, $250,000.00, initiated the improvement district, however, after review, it was determined that additional funds would be necessary to extend lines to accomplish the project. It has been determined by the engineer that an additional cost of $16B4O00.00 will be needed to complete the project, which is the reason for the hearing tonight. If this is not sufficient, more could be done next year. 90 Wednesday July 15, 1987 Page 2 Mr. Charles Capazano of Highland Road asked if this water project was being done to accommodate the proposed subdivision. He had been told that the project was expected to end before it reached his house, and the proposed project was beyond him. He was advised that this project had nothing to do with the proposed subdivision, nor would it accommodate the proposed subdivision. His concerns regarding the proposed subdivision will need to be discussed at another Public Hearing concerning it. They are two separate matters. Attorney Rumsey explained that the reason why this project is happening is because the County Health Dep't. had submitted documented evidence of contamination of the wells in the Highland Rd. area. These were submitted to the State, which was the reason why the State awarded us with the grant money. Concerns have been expressed by -the Town Board and also residents of the area asking why water lines are being installed, instead of sewer lines. The State has said that water lines must; occur first. There being no further questions, Councilman Thorpe made a motion, seconded by Councilman rocco, to adjourn the public hearing. All voting aye, the motion was carried. r 91 Wednesday July 15, 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 following the Public.Hearing concerning the Highland Road Area Water Improvement Project, Phase II. Members present: Supervisor, Councilman, Councilman, Councilman, Councilman, Town Clerk, Melvin Pierce Warren Manning Edwin O'Donnell Raymond Thorpe Ronal Rocco Pauline Parker Others present were Attorney, Philip Rumsey; Highway Sup't., Carl Bush; Zoning Officer, Bruce Weber; Newsreporter, Kevin Conlon; and Town residents, Karen Bush, Seymour Parker, William McDermott, Charles Capazano, Dean Owen and others from the Highland Road area. . The meeting was called to order by Supervisor Pierce following the Public Hearing concerning the Highland road Area Water Improvement Project, Phase II. RESOLUTION #125 AUTHORIZE PAYMENT OF VOUCHERS - JULY Motion by Councilman Thorpe Seco.nd.ed by Councilman Manning VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the vouchers submitted have been audited and shall be paid as follows: General Fund Vouchers #362 - 376 5,824.33 Highway Fund #185 - 203 92,146.25 Water Fund 4101 - 110 60,449.42 Sewer Fund # 43 10.26 Supervisor Pierce offered those in attendance the privilege of the floor. Councilman Rocco reported that residents have expressed concern about not knowing to whom they are speaking when attending meetings of the Planning board. If name plates were available, this would be helpful. Audit of vouchers 92 Wednesday July 15, 1987 Page 2 RESOLUTION #126 AUTHORIZE PURCHASE OF NAME PLATES FOR MEMBERS OF PLANNING BOARD AND ZONING BOARD OF APPEALS purchase name plates Motion by Councilman Rocco Planning Board Seconded by Councilman Thorpe ZBA VOTES: ALL AYE ADOPTED WHEREAS, residents of the Town have requested name plates be used for members of the Planning Board and the Zoning Board of Appeals at their meeting so that members can be readily identified, therefore BE IT RESOLVED, that the Town Board does hereby authorize and direct the Supervisor to supply name plates for all members of the Cortlandville Town Planning Board and the Zoning Board of Appeals, Zoning Officer-, and the Secretary. Supervisor Pierce apprised the Town Board that we had a 10 inch water main break late Friday afternoon. water main He contacted the Highway Sup't., and within a short time break a couple of employees of that department arrived and the problem was corrected. Appreciation was expressed for the cooperation of all concerned. Councilman O'Donnell made a motion, seconded by James Feuss Councilman Thorpe, to receive and file a letter from Health Dept. James V. Feuss, Director of the Cortland County Health Wm. McDermott Dept. All voting aye, the motion was carried. subdivision The letter was in reference to the proposed subdivision of William McDermott on Highland road. He was advised of the process necessary for a site plan approval. Councilman Thorpe made a motion, seconded by Councilman O'Donnell, to receive and file the Mining Mining permit Permit issued to Gunzenhauser Gravel Mine by NYS Dep't. Gunzenhauser of Environmental Conservation. All voting aye, the motion was carried. The permit expires on July 13, 1990. Supervisor Pierce apprised the Town Board that a public hearing will be held soon by the Cortlandville Planning board and also the County Planning Dep't. concerning the gravel mine application. RESOLUTION #127 ADOPT HIGHLAND ROAD AREA WATER IMPROVEMENT PROJECT - PHASE II Motion by Councilman Thorpe Highland Road Seconded by Councilman O'Donnell Area Water Imp. VOTES: ALL AYE ADOPTED Project Phase II 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 establishment of a water improvement project for the residential area north from N.Y.S. Rte. 222 along Highland Road to adjacent residential areas of the Town of Cortlandville and designated "Highland Road Area Water Improvement Phase II,"as required by Section 209-q (2) and 209-c of the Town Law, and Wednesday July 15, 1987 Page 3 WHEREAS, an Order was duly adopted by the Town Board on July 1, 1987 reciting the filing of said general plans, the improvements proposed, and the estimated expense thereof and specifying July 15, 1987 at 7:00 o'clock p.m. as the time and the said Town Hall in the said Town of Cortlandville as the place where the said board would meet to consider the documents filed as aforesaid and to hear all persons interested in the subject thereof, concerning the same, and WHEREAS, such Order was duly posted and published as required by law, and WHEREAS, a hearing in the matter was duly held by the board on the 15th day of July, 1987 commencing at 7:00 p.m. at the Town Hall in the said town and discussion upon the matter having been had and all persons desiring to be heard having been duly heard including members of the board and various other persons, and NOW, upon the evidence given upon such hearing and upon the motion of Raymond G. Thorpe, Councilman, seconded by Edwin O'Donnell, Councilman, and unanimously passed, it is ' RESOLVED AND DETERMINED, that the plans heretofore filed with the Town Clerk of the Town of Cortlandville are in compliance with Section 209-c of the Town Law of the State of New York and are otherwise sufficient, and that to establish the aforesaid water improvement is in the public interest, and it is further RESOLVED AND DETERMINED, that the establishment of a water improvement as proposed in said plans be authorized pursuant to Section 209-q (6) (c) of the Town Law; that the improvement therein mentioned be constructed and the service therein mentioned be provided for upon the required funds being made available or provided for; and that such improvement shall be designated and known as the "Highland Road Area Water Improvement -Phase II,". and it is further RESOLVED, that the proposed improvement, including costs or rights of way, construction costs, legal fees, engineering and consultant fees, and all other expenses approximate to be a maximum of $168,500.00 shall be financed as follows: 100% of the cost thereof will be financed with bonds issued by the Town of Cortlandville for a term of a maximum 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 benefi±ors of the water improvement through water rates, charges and fees in the first instance, and if necessary by Town charges, and it is further RESOLVED, that the Town Clerk of this Town shall within ten (10) days after the adoption of this Resolution file a certified copy thereof in the Office of the Cortland County Clerk as provided for by the Town Law, Section 209-q (6) (c)/ and it is further RESOLVED, that this Resolution is adopted subject to permissive referendum. 94 Wednesday July 15, 1987 Page 4 RESOLUTION #123 DESIGNATE CORTLANDVILLE TOWN BOARD AS LEAD AGENCY - REZONING - HIGHLAND ROAD Motion by Councilman Thorpe Designate Town Board Seconded by Councilman Manning Lead Agency VOTES: ALL AYE ADOPTED Rezoning Highland Rd. WHEREAS, William H. McDermott has applied for a rezoning of a 29.13 acre parcel in the Town of Cortlandville from Agriculture to Residential R-1, and WHEREAS, the Town of Cortlandville Planning Board has approved said application which includes an Environmental Assessment form, and has referred the application to the Town Board, and WHEREAS, the Cortland County Planning Board has reviewed the application and referred the same to the Town Board for local determination, now, therefore, be it RESOLVED, that the Cortlandville Town Board is hereby designated as lead agency pursuant to the State Environmental Quality Review Act to review the McDermott change of zone application. Attorney Rumsey passed out to all Members of the Town Board the criteria for compliance of the SEQRA (State Environmental Quality Review Act) regulations in regards to the request for a zoning change -from Ag to R- 1 on Highland road. Procedures for this Type 1 action were explained, in detail, 'to the Town Board. The Attorney reviewed, item by item, the criteria to determine whether the zoning request would have a significant effect: on the environment. A positive or negative declaration must be made. RESOLUTION #129 DECLARE NEGATIVE IMPACT - REZONING ON HIGHLAND ROAD Declare negative Motion by Councilman Thorpe impact - rezoning Seconded by Councilman Rocco Highland Road VOTES: ALL AYE ADOPTED WHEREAS, this Town Board is the lead agency under the State Environmental Quality Review Act to review the application of William H. McDermott for a zone change of a 29.13 acres parcel on Hoy Road in the Town of Cortlandville from "Agriculture" to "Residential R-1", and WHEREAS, the proposed zone change is considered a Type I action pursuant to 6NYSCRR 617.12 (b) (2) (ii), and WHEREAS, the Cortlandville Town Planning Board and Cortland County Planning Board have reviewed the application and referred the request to this Town Board, and WHEREAS, this Town Board has reviewed the record of the proceedings of each of the Planning Boards, which includes the applicants long -form Environmental Assessment Form, and %9 5 Wednesday July 15, 1987 Page 5 WHEREAS, this Town Board finds that the current zoning of the 29.13 acre McDermott parcel currently zoned "Agriculture" already allows residential subdivision of certain sized lots and that a change in zone to "Residential R-1" would simply allow somewhat smaller residential lots, and authorize only about one additional residential lot than under the current "Agriculture" zone, and WHEREAS, this Town Board has begun to implement plans to extend Cortlandville municipal water to residential areas in proximity of, but not including, the parcel proposed for said zone change, and WHEREAS, this Town Board, pursuant to 6NYSCRR 617.6(c), reviewed the significance of the proposed zone change (and the potential of.somewhat smaller residential subdivision lots which could reasonably result) in accordance with the criteria set forth in 617.11, and other environmental considerations such as.indicated above, and WHEREAS, certain concerns such as those mentioned by citizens at the July 15,,1987 meeting of this. Town Board can and should be addressed in the site plan review process for a residential subdivision and in the application for approval by the Cortland County Health Department, now, therefore, be it RESOLVED, that the Cortlandville Town Board, as lead agency for the application for a zone change from "Agriculture" to "Residential R-1" concerning the 29.13 acre McDermott parcel on Hoy.Road, hereby determines, pursuant to 6NYCRR 617.10, that the said proposed zone change will not have a significant effect on the environment (negative declaration), and that based thereon, an Environmental Impact Statement will not be required, and be it further RESOLVED, that pursuant to 6NYCRR 617.10 (b), the Town Clerk shall file a copy of this resolution making the determination with the Commissioner of the Department of Environmental Conservation, the appropriate regional office of the Department of Environmental Conservation, the Cortlandville and Cortland County Planning Boards, and the applicant William H. McDermott. Councilman O'Donnell made a motion, seconded by Councilman O'Donnell, to receive.and file the notification received from Anthony Tinelli, owner of Anthony Tinelli Suburban Skyliner, advising that he is applying for a beer & Wine beer and wine license. All voting aye, the motion was license carried. Councilman Thorpe made a motion, seconded by Councilman O'Donnell, to receive and file the summons received from Pyramid Properties Co., in regards to Pyramid Propertie assessments. All voting aye, the motion was carried. summons Attorney Rumsey stated that he had received a copy. assessments Councilman Rocco made a motion, seconded by Councilman Thorpe, to receive and file the list received from the County Board of Elections of the election list from inspectors appointed for 1987. All voting aye, the County Board motion was carried. of Elections o c7 Wednesday July 15, 1987 Page 6 Councilman Manning reported that the Aquifer Aquifer Committee has recently met several times. As a result committee of this, they have all agreed to the need of legislation need of -for protection of the Aquifer. Committee members have legislation been requested to submit their thoughts relative to preparing a revised document. These are to be sent to the Supervisor's office. Attorney Rumsey requested that copies be sent to both himself and the County Planning Dept. He and Mayo Snyder will prepare the new proposed legislation. Set date for special Town Board meeting Wm. Mcdermott subdivision Councilman Manning apprised the Town Board that some of the concerns of the Aquifer Committee were the enforcement of it, and also the need of an ongoing advisory committee, consisting of knowledgeable members to review problems, as they arise. We have access to residents in the Town that have offered to assist us with this such as a geologist, etc. Supervisor Pierce reported that he had met with Mayo Snyder, James Feuss and Tom Mail of the NYS DEC. They expressed pleasure with the proceedings to date, and encouraged passage of the law. RESOLUTION #130 SET DATE FOR SPECIAL TOWN BOARD MEETING ON JULY 22, 1987 Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that a special meeting of the Town Board shall be held on July 22, 1987 at 7:00 p.m. to hold a Public Hearing for the request to change -the zoning from Ag to R-1 on Highland Road - William McDermott subdivision. There being no further business, a motion was made by Councilman Thorpe, seconded by Councilman Manning, to adjourn the meeting. All voting aye, the motion was carried. The meeting was adjourned at 8:25 p.m. F esp ctfull sub itted; Pauline H. Parker, C.M.C. Town Clerk Town of Cortlandville 1 i 1