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HomeMy WebLinkAbout07-22-1987Wednesday July 22, 1987 7:00 P.M. PUBLIC HEARING REZONING FROM AG TO R-1 - HIGHLAND ROAD - WILLIAM MCDERMOTT SUBDIVISION A Public Hearing was held at the Town Hail, 15 Terrace Road, Cortland, New York at 7:00 p.m. concerning the rezoning of property owned by William McDermott on Highland Road in the Town of Cortlandville. Members present: 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; Zoning Officer, Bruce Weber; Engineer, Tim Buhl; Seymour Parker, Ridge Rd; and residents of the Highland Road area, William McDermott, David Thomas, Mrs. Russell Owen, Charles & Linda Woodworth, Rochelle Ray, Charles Capazano, James Swinehart, John Daniels, John Finnamore, and Patricia Whitlock, and other unknown residents. Supervisor Pierce opened the Public Hearing at 7:00 3 o'clock P.M. following the pledge to allegiance. The Town Clerk read aloud the following legal notice: Supervisor Pierce requested LEGALNOTICE Attorney Rumsey to explain the TOWNOF CORTLANDVILLE process of applying for a subdivision, a zoning change and the LOCAL LAW NO.S FOR THE YEAR 1987 rules required to make a Notice is hereby I given determination. that a Public Hearing will Attorney Rumsey apprised those be held before the, Super visor and Town Board of the in attendance that he and the Town Town of Cortlandville, Cor- tland County, New York, at Board are aware of the concerns of the Town Hall, 15 Terrace bf Cort- the residents in regards to water Road, Town landville, NewYorkonJuly contamination, and the confusion of 22, 1987 at 7:00 o'clock p.m. concerning proposed Local more than one public hearing held by Law No. 5 for the Year 1987, providing for a zone change more than one board relating to a of the parcel of land border- proposed subdivision on Highland ing Hoy Road and known as Cortlandville Tax Map Road. Parcel No. 85.00.01-38.12 (29.13 plus or minus acres) The laws of New York State have (William H. McDermott) from "Agriculture" to designated which board can make which "Residential R-1" zone designation, and providing determination and strict guidelines for said change, to be made have been set . The rules and on the Zoning Map of the Town of Cortlandville, procedures were explained. which map was duly adopted by Local Lew No. 1 The purpose of this Public forth thear time and place of 1986. At the tim )--1,earing tonight ht is to review the said hearing, all parties in request to change the zoning for this interest and citizens shall have an opportunity -to be particular parcel from Ag to R-1 . heard. Dated: July 9, 1987 approval This a 1 oval or denial must be made Pauline H. Parker, by the Town Board. Town Clerk Town of Cortlandville 15 Terrace Road Cortland, New York 13045 161-1t 4A .-1 Wednesday July 22, 1987 Page 2 The application for a subdivision was received and reviewed by the Cortlandville Planning Board and referred to the Cortland County Planning Board, for review. The County recommended that this parcel be rezoned to residential if the applicant were going to procede with a subdivision request. As a result of this, the Cortlandville Planning � Board has recommended -to the Cortlandville Town Board, that the zoning change be reviewed. This is what is happening tonight. The factors to be determined tonight are: For the good of the residents and the town, should we leave the zoning Ag which would allow farm animals, farm barns or that pertaining to agriculture, and also would require larger lot sizes, or should this be changed to R-1, which would require those regulations for a residential area. The question of wells and septic systems, and comtamination of such, is the responsibility of the Count/ Health Dep't, and not the Town Board. This problem will be addressed by the Health Dep't. The proposed subdivision must be approved by the County Health Dep't. before it can occur. The Cortlandville Planning Board has not approved the application regarding this subdivision request of Mr. McDermott, as it will depend on the action taken tonight by this Town, Board. Supervisor Pierce contacted the County Health Dep't. and requested them to furnish to us information from their department regarding the McDermott Subdivision. Because the Director, James Feuss, was on vacation, Mr. Dennis Horner, Assistant Public Health Director, sent a letter to Supervisor Pierce explaining the process necessary with the County Health Dep't. to obtain approval of a subdivision. The letter was read to those in attendance. Mrs. Rochelle Ray requested that the Supervisor read the petition that she had brought to him. The petition consisted of about 110 signatures of residents of the Highland Road area. The petition stated concerns for water quantity, water runoff, and traffic impact. Many questions were asked by those in attendance. The tape of the Public Hearing is on file in the Clerk's office and may/ be reviewed on request. Councilman O'Donnell made a motion, seconded by Councilman Manning, to adjourn the Public Hearing. All voting aye, the motion was carried. Wednesday July 22, 1987 Page 1 SPECIAL MEETING A special Meeting of the Town Board of the Town of Cortlandville was held at the Town Hall, 159 Terrace Road, Cortland, N.Y. following the Public Hearing concerning rezoning from Agriculture to R-1 for the William McDermott subdivision, with Supervisor Pierce presiding. Members present: Supervisor, Melvin Pierce Councilman, Warren Manning Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, Raymond Thorpe Town Clerk, Pauline Parker Others present were Attorney, Phillip Rumsey; Zoning Officer, Bruce Weber; Engineer, Tim Buhl; Seymour Parker, Ridge Rd.; and residents of the Highland Road area, William McDermott, David Thomas, Mrs. Russell Owen, Charles & Linda Woodworth, Rochelle Ray, Charles Capazano, James Swinehart, John Daniels, John Finnamore, and Patricia Whitlock, and unknown residents. RESOLUTION #131 AUTHORIZE CHANGING OF CLASSIFICATION OF THE ZONING FROM AGRICULTURE: TO R-1 WILLIAM MCDERMOTT SUBDIVISION Motion by Councilman Rocco Seconded by Councilman Manning A discussion was held and each Councilman explained his thoughts on the resolution on the floor. A roll call vote was taken. Councilman O'Donnell Aye Councilman Manning Aye Councilman Thorpe Aye Councilman Rocco Aye Supervisor Pierce Aye WHEREAS, a Public Hearing was duly held, and all interested persons were allowed comments and/or questions, therefore BE IT RESOLVED, that; the zoning classification in regards to the William McDermott subdivision shall be changed from Agriculture to R-1. zoning change McDermott Ag to R-1 Adopt Local Law No. 5 Wednesday July 22, 1987 Page 2 RESOLUTION #132 ADOPTION OF LOCAL LAW NUMBER 5 FOR THE YEAR 1987 Motion by Councilman Rocco Seconded by Councilman Manning VOTES: ALL AYE ADOPTED BE IT ENACTED, by the Town Board of the Town of Cortlandville as follows: SECTION 1. The Zoning Map of the Town of Cortlandville heretofore adopted by Local Law No. 1 for the Year 1986 is hereby amended by changing the parcel of land bordering Hoy Road and known as Cortlandville Tax 11ap Parcel No. 85.00-01-38.12 (29.13+ acres) (William H. McDermott) from "Agriculture" to "Residential R-1" zone designation. Said zone change shall be entered upon said zoning map. SECTION 2. This Local Law shall take effect in accordance with the provisions of the Municipal Home Rule Law. Councilman Manning made a motion, seconded by Councilman O'Donnell, to adjourn the special meeting. All voting aye, the motion was carried. Respe tfully�submit •ed, Pauline H. Parker- C.M.C. Town Clerk Town of Cortlandville I''