HomeMy WebLinkAbout07-05-1973247
Thursday, July 5, 1973 7:30 P.M.
Regular meeting of the Town Board of the +own of Cortlandville held
at the Town Hall, 15 Terrace Road, Cortland, N.Y. in Cortlandville.
Supervisor Frank K. Taylor presided with members of the Board present
as follows: Justices, Don. Eaton and Ron Fish, Councilmen, Sherman
Griswold and Ray E. Miller.
® Also present were Rudy Krauklis, bookeeper for Supervisor, Town Attorney
John J. Gardner, Town Hgwy Supt. Louis Wagner and Deputy T. Clk. M.
Brookins.
Mr. & Mrs. Priest were present from Groton Ave. extension, Mr. & Mrs.
Schliewen of Bell Dr.,Clarence Homer, Shirley Fish and Skip Chapman
from the Cortland Standard. Also, Attorney Ed. Purser of Cortland.
Minutes were read and the Town Attorney wished to make a correction in
the wording on page 246 of the minute book, to add tt oral" to the
application for review by the Town Board. This correction was made by
the Clerk.
14- 1�
The Town Clerk as secretary to the Planning Board read the report in
regard to the Application of Cortland Green Development and on motion
of Don.Eaton ,seconded by Ron. Fish, Resolution was passed that the Board
accept and file this report. This was passed unanimously. Copy of this
report follows:
The Town Clerk read an application from William and Diane Pauldine to
Amend the Zoning Ordinance to change the use classification of certain
lands situate on the North side of �is.hor=Avenue from Residential to
Business District. (Description follows on next pages)`
Resolution was passed on motion of R. Miller seconded by Don Eaton that
this application be accepted and filed, motion was passed, unanimously.
'AA
Resolution, Motion was made by Ron Fish seconded by D. Eaton that a
Public Hearing on this Application be scheduled for July 18th, 1973,A P.M.
R IN E Y S AN D
CF.t"RCH STREET
CCIRTLANZ). NZW YORK
I :.0,,Z
TOWN BOARD TOWN OF CORTLANDVILLE
In the
Q.L
jz
1--he Application of WIL'LIAM A. PAU-UDINE and
IDIANA J. PAULDIIIJJ:-� to 2x.mend the Zon-Lng
0--dinan
-1ce of the Town of" Cortlandville, and
--he-ZonIng Map made a part t1le-re-of, to change
t-he use classification of certai).. 'Lc-.-,r-,ds s`Ltuatze,
' side he north sof Fisher Avenue fron,
0 1-1 -L-- - L
Ras-idential -to Bus-iness D-1-strict.
PETITION
F17F
_N0 THE BOARD OF, ZO'--'--L:F,,G APPEALS OF THE TOI,,kji OF
BOARD A
CORTLANDVILIE, CORTLAND COUNTY, NEW YORX:
_U
The Petition of William A. Pauldine and Diana J. Pauldine,
Isis aide, respe
ctfully shows:
1. You am A. Pauldine and Diana J.
petitioners, Wi_
au'd -- ,`,ne, his iw4e, are resident-s of the City of Cortland and
.z _L - Lf
have contracted to purchase cart-ain real property in the TOWrL
4 -1
of CortlandV -L-L-- consisting of approximately -Four W acres
G:� vacant ]-and bounded on the north by lands of Briggs; on the
east- by 'Lands of Del-pilCar a�l,ld lands of state of New York; on
the south by Fisher Avenue; and on the west by lands of Albert
wife. J_
wenty�- an a-.q"- - fe Such, lands extend approximately 492.feet
along Fisher Avenue and are approximately 400 feet in depth.
2. Your petitions , Willimm, A Pauldine, is engaged in a reta-`�,-.
_ L. L. el r
-ioorcoveJng .: business known as Cortland Floorcr.-zft and for
many years has operated in a warehouse further to the east and
-re loc tion of petitioner's,
no--t-h. o---- Fisher Avenue. Due -'Co tzhe obscu a
business and the antiquated condition Of the warehouse in which
inancial hard.:.3hip
f
he now does business, is uneconoj-,ical and a f
4d operation in his present
for said petitioner to continue his
location.
3. petitioner, WJ'Llliam A. Pauldine, proposes to c0nstruCt-
4
ia permanent building one story in he* c --imately ni
.Ljht and. appro; Ile
It-housand (9000) sr-Tuare f-ect- in area in which building petitioner
'i -�:*loorcovering business.
proposes to conduc"L-_ his retail I
FOLDER x FOLNER
ATTORNEYS AND
COUNSELORS
11 CHURCH STREET
CORTLAND, NEW YORK
13045
4..' The erection of said building will enhance and improve
the physical appearance to Petitioner's said lands, and will
be of such design that it will not be offensive to the eye and
will -reflect the characteristics of the surrounding neighborhooa
The building will be constructed so as to conform to the standards I
set out in the Town of Cortlandville Zoning Ordinance for Business
Districts.
5. The present zoning of Petitioner's aforesaid vacant
lands s Residential °°R-1°°. Property to,the north of aforesaid
vacant land is zoned °°R-2°° and °°R-3°°. Other lands to the east
of aforesaid vacant lands on Fisher Avenue are zoned Business
and Business Transitional, there being several non --residential
establishments located on Fisher Avenue, including Niagara Mohawk
Power Co-rp., the Department of Conservation of the State of
New York, a dentist's office, a Jeep Wagon Dealership, and a
!used Car Dealership.
6> The petitioners believe that it would be in the best
i��terest of the Town of Cortlandville if ,petitioners° land were
rezoned for business purposes. The land sought to be rezoned
is located in are area with both -residential and non-residential
activity. The natural development of the area would appear
to be non-residential since the last buildings constructed on
Fisher Avenue were the Department of Conservation building and
the Niagara Mohawk building. The petitioners further believe
that due to the low level of the aforesaid land the cost to
the individual to bring in fill in order to build a private
home would be prohibitive, whereas the cost of fill could be
more readily sustained by a retail business. The petitioners
further believe that the nature of the-. :petitioners. business
is such that it would not pose a serious threat to the health,
jsafety, morals or general welfare of the community. Certainly,
W=
4
FOLMER P% FOLMIER
ATrORNEYS AND
C 0 UN S E LOR S
15 STRI:1'.7
CORTLAND, NEW YORK
,3046
.L
,t,:_4-
_ione-_s' business would not 'Chreater.
the health of the community
jss
as would an eating est-ablishment nor threaten the safety of
the cort-miunity as would a gasoline station.
7. Petitioners are unaware off.any objection on the part
of the property owners adjacent to the property sought to be
rezoned to PetitIoners' applica ion.
-
WHEREFO, vour Petitioners respec-f-c,",ly request, pursuant
IRE -
.,L--o the Town of Cort-landville zoning ordinance, (1) that the
said Zoning Ordinance, and Zoning Miap made a part thereof, he
amended so as to change the use classi2:ication of the real property
F 4
Lsher Aven'u
--e 4
he Mafter described, situate an the north side o 'e
and being the easterly portion of the Albert- Twentyman property
front a Res j d ejj tial , 1 D il s tr_ict, to
_L L� _t Business D-ist-r-ict, and
tt
L-ILa-t- such proposed amII endme-t be sb.T12 c --d "L_O the Zoning
board of 1-i-pppals for its report- and reconnu-nendation, and (3)
fo-
such other and --Further relief as to the said Town Board
anc-H Zoning Board of Ipp(z.als jray seen, Just and proper; The property
-Lbed as'follows:
on is deSCr4
E.Z.i-ec-1--ad by -this pe L. tii-i
AILjI_j THAT TRACT OR PlIRCEL OF LAND r Situate in
in the Town Of Cortlan"'ville, County of Cortland
and State of liew York being bounded and described
as follows:
CO.MMENCING at a IDOint in the center line Of
Fisher Avenue at -the sou.,Ch-v.7est_ corner of lands owned
by Juan DelpiLar (Liber 309 of Deeds, Page 64) ; running
thence 24 070 001 E along the ws
est line Of aid Del pilar
premises a distance of 128.5 f ea -,C to an iron pipe
at the northwest corner of said Delpilar t line of premises;
thence runnl.ag N' 07' 00' E along the we.sl-.
premises owned by t1le People Of -the State of New
York a distance of 272.0' to a corner -fence post
located at the. southeast corner of lands owned by
L. Ken -ton Briggs and Pris_cil.la I. -A. Briggs (Ljiber 300
of Deeds, Page 299); thence running 11 810 02' W along
the south line of said Briggs a d i s t a n c e
369.0 feet to an iron 102-13e Se" in the around;
oll feet - -1: 442.0 feet
thence runn,ng S 230 ILS, W a distance o-L
n the center 1 'ne of Fisher Avenue; thence,
-to a point in _L
running S 81' 511 E along the center line of said.
Fisher Avenue a dj L.
_Sta-�,-Ice of 492.5 feet to the place
of beginning, con-'Cainiing 4.2-6 acres of land, be the
L tt-,e above preMis s
,sa'.mLe more or I-ess. That portion of -L'We Ls conveyed
-1 nue, 3
lying wiithi'n th- confines of Y.'ishcr
su,,,-.)ject to -he rights of the -public therein for street
and highway purPOses-
A
-3-
IN WITNESS WHEREOF, the parties have hereunto set their hands
I =, - ; '
and seals this - day of June, 1973.
STATE OF NEW YORK
SS:
COUNT' OF CORTLAND
ILLIAM A. PAULDINE and DiANA J. PAULDINE, being duly sworn
deposes and say that deponents are the petitioners in the within
cctition; that deponents have read the foregoing petition and know
the contents thereof; that the same is true to deponents' own
knowledge, except as to the matters therein stated to be alleged
,
p
on information and belief, and that as to those matters deponen•,*
believe it to be true.
ji
C' r
Sworn to before me this
f June, 1973.
day o
n
Notary Pub1'ic
CAROL L. Ht"N ,
; r!a'.v York
fi�otar:' ubli.:, �.( E'1',a35. 1 -=r
QUF,111:ed In �'o;rlsn.! =. I
y CO f,jSS:On Expucs IA,Krh 30, i9 a1
;Vs � -
FGLMER & FGLMER
ATTORNEYS AND
COUNSELORS
I-, CHURCH STREET
CORTLAND, NEW YORK
I3045