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''