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Home My WebLink About04-07-1982-i` 3 Wednesday, April 7, 1982 7:30 P.M. PUBLIC HEARING AMEND ZONING CLASSIFICATION-LUKER ROAD HAROLD BUCHANAN ESTATE A Public Hearing was held at the Town Hall, Town of Cortlandville at 7:30 P.M. to discuss a proposed amendment to the Town of Cortlandville zoning ordinance and map of property owned by the Harold Buchanan Estate, on the Luker Road. In attendance were Supervisor Nadolski, Councilman O'Donnell, Councilman Manning, Councilman Pierce, Council- man Thorpe, Attorney Folmer and Town Clerk, Pauline Parker. Also present were Attorney Discenza, Zoning Officer, Don Fowler; Newsreporter, Dick Camerano; and several employees and residents of the Town. The Public Hearing was opened by Supervisor Nadolski. The Town Clerk read the legal notice as follows: LEGAL NOTICE TOWN OF CORTLANDVILLE PLEASE TAKE NOTICE that a public hearing will be held by,,the Town Board of the Town of Cortland- ville on April 7, 1982, at 7:30 o'clock p.m, at Town Hall, Terrace Road, Cortland, New York to consider a pro- posed amendment to zoning or-, dinance and map of the Town of Cort- landville to change the use classifica- tion of the premises hereinafter described from "R-7'to "Business." The premises affected hereby are situated on the south side of Luker Road in the Town of Cortlandville, County of Cortland and State of New York and are identified by tax map parcel No. 86.77-011-000. All parties in interest shall attend and be heard at the public hearing aforesaid. Dated: March 22, 1982 Pauline H. Parker Town Clerk Town of Cortlandville 69-it Attorney Francis Discenza, repres(t Ling the Buchanan Estate, apprised the Town Board of the'request for re- zoning of the property. This request has been approved by the necessary boards and approval must be given by the Town Board. No comments were offered by those in attendance. Councilman Thorpe made a motion, seconded by Council- man Manning,' to close the hearing. All voting aye, the motion was carried. The hearing was closed at 7:35 P.M.. 0 Wednesday, April 7, 1982 7:35 P.M. 79 1 • 1 PUBLIC HEARING AMEND ZONING CLASSIFICATION-RT. NO. 281 RICHARD OSBORNE-LAWRENCE DIPPOLD A Public Hearing was held at the Town Hall, Town of Cortlandville at 7:35 P.M. to discuss a proposed amendment to the Town of Cortlandville zoning ordin- ance and map for property on the west side of Route No. 281, owned by Richard Osborne and Lawrence Dippold. In attendance were Supervisor Nadolski, Councilman O'Donnell, Councilman Manning, Councilman Pierce, Council- man Thorpe, Attorney Folmer and Town Clerk, Pauline Parker. Also present were Mr. and Mrs. Richard Osborne, Attorney Gilhooley and several residents of the area. The Public Hearing was opened by Supervisor Nadolski. The Town Clerk read the legal notice as follows: LEGAL NOTICE TOWN OF CORTLANDVILLE PLEASE TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Cortland- ville on April 7, 1982, at 7:30 o'clock p.m. at Town Hall, Terrace Road, Cortland, New York to consider a pro- posed amendment to zoning or- dinance and map of the Town of Cort- landville to change the use classifica- tion of the premises hereinafter described from "R-1" to "Business Transitional." The premises affected hereby are situated on the west side of Route No. 281 in the Town of Cort- landville, 'County of Cortland and State of New York and are identified by tax map parcels No. 76.18-01-09.000 and 76.18-01-03.000. All parties in in- terest shall attend and be heard at the public hearing aforesaid. Dated: March 22, 1982 Pauline H. Parker Town Clerk Town of Cortlandville 69-lt Supervisor Nadolski explained the location of the zoning request. Harwood Spaulding, Hillside Drive, spoke against the is Richard change. Richard Osborne advised that his attorney would be. present soon and requested a delay. Councilman Thorpe made a motion, seconded by Coun- cil O'Donnell, that the hearing be closed until Mr. Osborne's attorney arrives. All voting aye, the motion was carried. Councilman Manning made a motion, seconded by Coun- cilman O'Donnell to reconvene the public hearing. All voting aye, the motion was carried. NU Wednesday, April 7, 1982 Page 2 Attorney, Thomas Gilhooley, representing Mr. Osborne reviewed with the Town Board the request for the zoning change. Many residents from that area verbally supported the zoning change request. A petition was received from area residents support- ing the zoning change. A resident of the area expressed concern for allow- ing spot zoning to occur. The Cortlandville Planning Board had met and no decision was made regarding the request for rezoning. All persons in attendance were allowed time to voice their opinion. Councilman O'Donnell made a motion, seconded by Councilman Thorpe to close the hearing. All voting aye, the motion was carried. Note: The tape of the hearing is on file in the Town Clerk's office. L u 1 1 8 Wednesday, April 7, 1982 7:45 P.M. Page 1 The regular meeting of the Town of Cortlandville Town Board was held at the Town Hall, 15 Terrace Road, Cortland, N.Y. with Supervisor Nadolski presiding. Board members present were Supervisor Nadolski, Councilman Edwin O'Donnell, Councilman Warren Manning, Councilman Melvin Pierce, Councilman Ray Thorpe, Town Clerk Pauline Parker and Attorney John Folmer. Others present were Engineer, Peter Novelli; Justice, Don Eaton; Zoning Officer, Don Fowler; Confidential Sec'y, • Edna Puzo; Assessor, Robert Wells; Legislator, Richard Tupper; Newsreporter, Dick Camerano; Henry Baranello and Wayne Currie, representatives of Polkville Motel Developments and several town residents. The meeting was called to order by Supervisor Nadolski. Reading of the minutes were dispensed with as all board members had received copies prior to the meeting. approve Councilman Manning made a motion, seconded by minutes Councilman Pierce, to accept the minutes of March 3, 1982 and March 15, 1982 as written. All voting aye, the motion was carried. RESOLUTION # 77 AUTHORIZE PAYMENT OF VOUCHERS Motion by Councilman Thorpe Seconded by Councilman Pierce VOTES: ALL AYE ADOPTED BE IT RESOLVED that the vouchers submitted have been audited and shall be paid as follows, with the exception payment of of General Fund Voucher # 110 received from Kotz and vouchers Schneider. The bill received will be adjusted. General Fund Vouchers # 86-131 $ 51,874.19 Highway if# 49-75 11,514.67 Water Fund if# 27-40 2,676.12 Sewer Fund # 9-13 17,777•48 Mr. Wayne Currie, owner of the Polkville Sunoco property in Polkville, presented information for proposed • construction of a motel on his property. The preliminary site plan shows construction of a proposed motel 72 room, Econo Lodge Motor Motel, with a possible future Polkville expansion of a gas station and restaurant. A petition was presented, signed by the landowners of the Polkville area, requesting the Town of Cortland- ville to construct a sewer disposal line to serve that area, which would connect to.the McGraw trunk sewer. Mr. Currie advised that they would like to start construction in June. --N C) Wednesday, April 7, 1982 Page 2 petition sewer line Polkville Engineer seminar Town Engineer, Peter Novelli, reported that the officials of the Village of McGraw have given their approval to use the trunk -sewer for that area. He advised that the estimated cost to the Town to install a 8 inch sewer for that area to be $ 130,000. It is possible that a pump station would be required also which could increase the estimated cost to $ 180,000 - $ 200,000. This could reflect an increase of the present benefit tax from $ 11 per unit, to $ 16 per unit. RESOLUTION # 78 AUTHORIZE SUPERVISOR TO CONTACT SIGNERS OF THE SEWER PETITION- POLKVILLE AREA Motion by Councilman Manning Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS a petition has been received from the property owners in the Polkville area requesting a sewer line to be installed for that area, therefore BE IT RESOLVED that the Supervisor is hereby authorized and directed to contact those signers and report his findings to the Town Board. Councilman Pierce made a motion to recess the regular meeting and return to the Public Hearing - Osborne and Dippold zoning change. Councilman O'Donnell seconded the mottion. All voting aye, the motion was carried. Councilman Pierce made a motion, seconded by Council- man Thorpe, to reconvene the regular meeting. All voting aye, the motion was carried. Reports of various departments are on the table for viewing, or are available upon request in the Clerk's office. RESOLUTION # 79 AUTHORIZE PETER NOVELLI TO ATTEND SEMINAR JUNE 14 - 18, 1982 Motion by Councilman Thorpe Seconded by Councilman Pierce VOTES: ALL AYE ADOPTED BE IT RESOLVED.that Engineer, Peter Novelli, is hereby authorized to attend a seminar on Ground Water Technology at Silver Bay, New York, June 14 - 18th, 1982, and RESOLVED that any expenses incurred by same, be reimbursed, subject to audit by the Town Board. 1 L� 1 U 1 Wednesday, April 7, 1982 Page 3 RESOLUTION # 80 AUTHORIZE DONALD EATON TO ATTEND SEMINAR APRIL 29, 1982 Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE- ADOPTED BE IT RESOLVED that Justice, Donald Eaton, is hereby justice authorized to attend a seminar on New Child Restraint seminar Law in Binghamton, New York on April 29, 1982 and RESOLVED that any expenses incurred by same, be reimburs- ed, subject to audit by the Town Board. Councilman Thorpe made a motion, seconded by Coun.bil-sewer man Pierce, to receive and file the petition received petition from Mr. Wayne Currie regarding a sewer line in the Polkville Polkville area. RESOLUTION # 81 AUTHORIZE CHANGING OF ZONING CLASSIF- ICATION ON LUKER ROAD Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS a request was received to change the zoning classification from "R-l" to "Business" on property zoning owned by the Harold Buchanan Estate, located on Luker change Road, and Luker Rd. WHEREAS the request has been reviewed and recommended by the Town Planning Board and the Cortland County Planning Board, and WHEREAS a public hearing was duly called and held before the Town Board on April 7, 1982, and no objections were voiced, therefore BE IT RESOLVED that authorization is hereby given to change the Zoning Classification of property on Luker,Road, owned by the Harold Buchanan Estate from "R-l" to "Busin- ess" and RESOLVED that the Town Clerk be, and she hereby is author- ized to publish such change as required by law, and RESOLVED that the Town Clerk be, and she hereby is author- ized to enter such change upon the aforesaid Zoning Map. • Attorney Folmer requested the records to state that he was the Attorney of Record for the Harold Buchanan Estate, and that he has not given any advice to the Board members in regards to their zoning request. t_1 i' Wednesday, April 7, 1982 Page 4 RESOLUTION # 82 REFER OSBORNE-DIPPOLD ZONING REQUEST BACK TO THE CORTLANDVILLE PLANNING BOARD Osborne Motion by Councilman Thorpe zoning Seconded by Councilman Manning request VOTES: ALL AYE ADOPTED BE IT RESOLVED that the Osborne-Dippold Zoning change request shall be returned to the Cortlandville Planning Board for their recommendation of approval of denial. RESOLUTION # 83 REQUEST CORTLANDVILLE PLANNING BOARD TO CALL A SPECIAL MEETING Motion by Councilman Manning Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED that the Town Board hereby requests the Cortlandville Planning Board to call a special meeting as soon as possible to make a decision of the zoing request of Osborne-Dippold as Mr. Osborne must relocate by June lst . Osborne Councilman Manning made a moti.on,-seconded by Council - petition man Pierce, to receive and file the petition received from Richard Osborne. Town Engineer, Peter Novelli, reported to the Town Board the results of discussions with the Water Board of the City of Cortland. water & He reviewed with the board the disadvantages of the sewer Town assuming the full responsibility of those town benefit residents and industry that are now receiving City water tax and pay directly to the City. refunded The engineer recommended that those involved be refunded the money. RESOLUTION # 84 AUTHORIZE REFUNDING OF TOWN SEWER AND WATER BENEFIT TAX Motion by Councilman Manning Seconded by Councilman Pierce VOTES: ALL AYE ADOPTED BE IT RESOLVED that Town sewer and water benefit taxes shall be refunded to those taxpayers receiving sewer and/or water services from the City of Cortland. Supervisor Nadolski expressed concern regarding the system now used for billing of water and sewer for those residents and industry that are located in the Town but 0 1 • i0J Wednesday, April 7, 1982 Page 5 deal directly with the City. If they had a problem and came to us, we could not accommodate them -.as we have no control. RESOLUTION # 85 AUTHORIZE SUPERVISOR TO NEGOTIATE WITH THE CITY WATER BOARD -WATER AND SEWER BILLING SYSTEM negotiate City Water Motion by Councilman Manning Board Seconded by Councilman O'Donnell • VOTES: ALL AYE ADOPTED BE IT RESOLVED that the Supervisor is hereby authorized to negotiate with the City Water Board through the City of Cortland to discuss the water and sewer billing system for the citizens of the Town. RESOLUTION # 86 AUTHORIZE PLANNING BOARDAMEMBERS TO ATTEND ANNUAL MEETING Motion by Councilman Thorpe Seconded by Councilman Manning Planning Bd. VOTES: ALL AYE ADOPTED attend ANO 76N1.NEs BOA90 of ApP' 44 5 meeting BE IT RESOLVED that the Planning Board members4are hereby authorized to attend the Annual Cortland County Planning Department meeting, and RESOLVED that any expenses incurred by same, be reimbursed, subject to audit by the Town Board. The County Planning Board will .be„ .holi.c,ing Ahol.r County meetings in the towns to encourage the attendance of local Planning Bd. citizens,to their meetings and for public relations. meetings A joint meeting will be held at the Cortlandville Town Hall on Wednesday, April 21, 1982 at 7:30 P.M. Attorney Folmer reported on the status of the Bond for Sewer District # 2. Bonding He anticipates having the bond resolutions from Sewer #2 Attorney Deming for the special meeting to be held April 19th, the board can act on them at that time, and can be forwarded to F.H.A.- Councilman Pierce made a motion, seconded by Councilman Thorpe to recess the regular meeting and convene to executive session to discuss possible litigation. All voting aye, the motion was carried. The following information was received from the Supervisors office::, Wednesday, April 7, 1982 Page 6 Councilman Pierce made a motion, seconded by Council- man Manning, to adjourn the executive session and recon- vene the regular meeting. All voting aye, the motion was carried. Councilman Manning made a motion, seconded by(.Council- man Pierce, to adjourn the meeting. All voting aye, the motion was carried. The meeting was adjourned at 9:45 P.M.. • Respectfully submitted, I � Pauline H. Parker, Town Clerk 1 0 1