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Home My WebLink About07-17-1978PUBLIC HEARING - SPECIAL MEETING July 17, 1978 Page 1 Two Public Hearings were duly called and held before the Town Board on July 17, 1978 for the purpose of adopting Local Law # 1 for the year 1978 and in the matter of the petition of A.V. Zogg for the adoption of a proposed change in the boundaries of residential R-1 and industrial districts as shown on the 1968 r zoning map of the Town of Cortlandville. After hearing the testimony and evidence presented at such public hearings; A Special Meeting of the Town Board was called to order by Supervisor Nadolski on July 17, 1978 at the Town Hall, 15 Terrace Road, Cortlandville, with Supervisor Nadolski presiding. Other Board members present were; Councilman Warren Manning, Councilman Ray Miller, Councilman Ray Thorpe, Councilman Melvin Pierce. Others present were: Town Attorney, John Gardner, Town Clerk, Pauline Parker and Town Assessor Robert Wells. SPECIAL MEETING July 17, 1978 Page 1 A special meeting of the Town Board of the Town of Cortlandville was called by the Supervisor, Stanley Nadolski for the purpose of adopting Local Law #1 for the year 1978 and for the purpose of acting on a proposed zoning change in the Town of Cortlandville. The special meeting of the Town Board was held on July 17, 1978 at the Town Hall, 15 Terrace Road Cortlandville, with Supervisor Nadolski presiding. • Other board members present were: Councilman Warren Manning, Councilman Ray Miller, Councilman Melvin Pierce and Councilman Ray Thorpe. Others present were: Town Attorney, John Gardner, Town Clerk, Pauline Parker, and Town Assessor Robert Wells. r The meeting was called to order by Supervisor Nadolski. RESOLUTION-#104 ADOPTION OF LOCAL LAW # 1-for 1978 Motion by Councilman Manning seconded by ::Councilman Miller Votes: All Aye Adopted. BE IT ENACTED by the Town Board of the Town of Cortlandville, New York as follows: Section 1. An exemption from taxation and special ad valorem levies for ten successive years after the adoption hereof is hereby granted, in accordance with attached Schedule A, to "eligible business facilities" as defined in Section 115 of the Commerce Law of the State of New York, located in the Town of Cortlandville, from taxes and special ad valorem levies imposed for Town purposes. Section 2. An "eligible business facility" as defined by the New York State Job incentive Board, pursuant to Sections 115 and 120 of the Commerce Law of the State of New York, shall be exempt from taxes and special ad valorem levies imposed by the Town of Cortlandville for Town purposes for any increase in the value thereof which is attributable to expenditures certified by the Job Incentive Board to shave been paid or incurred by the owner or operator for capitali.mprovements commenced on or after January 1, 1977, consisting of the construction, reconstruction, erection or improvement of depreciable real property included in such facility, and such • exemptions shall be continued from year to year during the specified period only :Iif the Certificate of Eligibility with respect to such business facility is not revoked or modified and is renewed or extended as provided by Section 120 of the Commerce Law, Section 3,0' Such exemption shall be granted only upon an application by the owner or operator of such .facility on a form prescribed by the New York State Job Incentive Board, to which there shall be attached a copy of the Certificate of Eligibility issued by the New York State Job Incentive Board. Such application shall be filed with the Assessor of the Town, -of Cortlandville on or before the appropriate taxaoi.e-status dates.` Copies of such applications shall be'filed simultaneously with the New York State Job Incentive Board and the State Board of Equalization and Assessment. .: July 17, 1978 Page 2 Section fib. The assesor shall consider the application of such exemption and, if the same is in order, shall determine the assessed value of such exemption in accordance with the above -mentioned Certificate of Eligibility, issued pursuant to Section 120 of the Commerce Law of the State of New York, and enter the appropriate percentage of such value on the "exempt" portion of the assessment roll inaccordance with Schedule A. The eligible business facility shall then be exempt to the extent provided by this Local Law from taxes and special ad valorem levies commencing with the assessment roll prepared on the next - following taxable status date. Section 5. If an exemption has once been granted for a business facility ;under this local law and the assessor receives notice that a Certificate of Eligibility of such facility has been revoked or modified, they shall redetermine the assessed value of any such exemption in accordance with such revocation or modification. If upon such redetermination it appears for a year for which an exemption has been granted that such facility has been ineligible or that the assessed value of such property, as redetermined, is less than the assessed value of such exemption as shown -on the assessment rolls for such year, then a tax shall be levied at the rate of tax for such year upon so much of the assessed valuation of such exemption as shown on such assessment rolls, as may be ineligible or excessive. Such tax shall be levied as an omitted assessment in the manner provided in Section 550 of the Real Property Tax Law for each such year. Any such redetermination shall be made no later than three years after the applicant for exemption last received benefit of any exemption under Section LP85 of the Real Property Tax Law, Section 6. The percentage of exemption under Section 485-b of the Real Property Tax Law is hereby reduced to zero for "eligible business facilities" which are granted exemptions pursuant to Section 1 of this Local Law Section 7. This Local Law shall be effective immediately. Year of Exemption 1 2 3 1� 5 6 7 8 9 10 SCHEDULE A. Percentage of Exemption 100% 100% 100% 75% 75% 50% 50% 25% 25% 25% 1 • 1 0 July 17, 1978 page 3 619 RESOLUTION 4105 ADOPTION OF ZONING AMENDMENT WITH CONDITIONS Motion by Councilman Manning Seconded by Councilman Pierce - Votes: All Aye Adopted. WHEREAS, a public hearing was duly called and held before the Town Board on July 17, 1978, in the matter of the petition of A.V. Zogg, for the adoption of a proposed change in the boundaries of Residential R-1 and Industrial Districts as shown on the 1968 Zoning Map of the Town of Cortlandville; and ' • After hearing the testimony and evidence held at such public hearing; and after receiving the written recommendation of Cortland County Planning Board, ap proving the proposed amendment with five conditions.; NOW THEREFORE, BE IT RESOLVED, that the boundaries of Residential R-1 and Industrial Districts of the Town of Cortland- ville be, and the same hereby are, changed so that the following described parcel of land be, and it hereby is, placed entirely in an Industrial District instead of Residential R=1 District as it is at present; ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Cortlandville, County of Cortland and State of New York and being a part of Lot No. 77 of said Town, bounded and described as follows, to wits Beginning at a point at the intersection of the east line of Polkville Road and the South line of NYS Route 41; thence running N 750 IP51E along said south line of Route 41 a distance of 299.08 feet to a point marked by a concrete monument; thence running N 870 23' E along said right-of-way a distance of 241.50 feet to a point; thence running S 810 15' E along said line a distance of 197.50 feet to a point in the center line of a small creek; thence running S 260 00' W along said center line a distance of 206.00 feet to a point; thence running S 180 55' W along said centerline a distance of 581.81feet to a point in the north line of lands of ConRail, reputed owner; thence running N 700 151 W along said north line a distance of 580.91 feet to a point in the aforementioned east line of 1polkville Road; thence running N 110 35' E along said east line of Polkville Road a distance of 44-72 feet to the place of beginning and containing 9,593 acres of land, more or less. • BE IT FURTHER RESOLVED, that the aforesaid changes as shown on the 1968 Zoning Map of the Town of Cortlandville are granted subject to the following conditions; 1. That the County Planning Department review the Site Plan for the project. 2. That the developer comply with all Flood Plain Regulations. 3. bat there be no apcess from the property erectly to Route N1. July 17, 1978 Page 4. That the Polkville Road be adequately improved to the satisfaction of the Town prior to issuance of any building permit. 5, That an open space strip ;of fifty (50) foot width be provided along the creek as recommended in the County Land Use Plan. RESOLVED, that the Town Clerk be, and she hereby is, authorized to publish such change as required by law; and by it further RESOLVED, that the Town Clerk be, and she hereby is, authorized and directed to enter such change upon the aforesaid Zoning Map.,_ The twopurposes for the special meeting having been accomplished, upon motion by Councilman Miller, seconded by Councilman Thorpe, all voting aye, the meeting was adjourned at 8335 P.M. These minutes have been transcribed from a taped recording. Respectfully submitted C521�—o r1ea4,4i Deputy Town Clerk 1 • 1