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.
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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
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