HomeMy WebLinkAbout2020-10-27 PB Minutes FinalPage 1 of 7
TOWN OF CORTLANDVILLE PLANNING BOARD
Minutes of Public Hearing & Regular Meeting - Tuesday, 27 October 2020 – 7:30 PM
Water & Sewer Garage – Next to Town Hall at 3577 Terrace Road – Cortland, NY
Board Members (*absent) Others Present
Christopher Newell, Chairman Bruce Weber, (T) Planning/Zoning Officer
Nicholas Renzi Joan E. Fitch, Board Secretary
Laird Updyke John DelVecchio, Town Attorney
Nasrin Parvizi Patrick Snyder, Special Counsel
Ann Hotchkin Tom Williams, Town Supervisor
Doug Withey, Town Councilman
Applicants & Public Present
David Spotts for SSC Cortlandville II & III, Applicant; Robert O’Gorman, Applicant; Matt Lester for
Route 222 Cortlandville LLC, Applicant; Attorney Fran Casullo for Cortland Travel Holding, Inc.,
Applicant; Jim Halstrom for Suit-Kote Corp., Applicant; Scott Steve for JM Murray Center, Applicant;
William Nichols, Mark Barlow, Anthony Gizzie, Paula & Peter Cowling, Pam Jenkins, Andrea Rankin,
Michael Stokoe, Jim Nichols, Eric Ross, Colin Spencer, Lester Richmond, David Park, Vinnie
Bellardini, Joe Reagan.
P UBLIC HEARING
SSC Cortlandville II LLC, Applicant/Reputed Owner – 4242 Bell Crest Drive AND SSC
Cortlandville III LLC - 4240 Bell Crest Drive - TM #86.00-02-01.100 – Conditional Permits &
Aquifer Protection District Special Permits – Proposed Solar Projects
The Public Hearing was opened at 7:30 p.m. by Chairman Chris Newell; the Board Secretary read
aloud the Legal Notice as published in the Cortland Standard on 14 October 2020, as follows:
NOTICE IS HEREBY GIVEN that the Town of Cortlandville Planning Board will hold a Public
Hearing on Tuesday, October 27, 2020 at 7:30 p.m. regarding the Conditional Permit
application of SSC Cortlandville II & III, LLC, located south of Blue Creek Road and west of
Ridgeview Avenue, Tax Map #86.00-02-01.000, to construct a Solar Array as per Chapter
140, Section 140-SF and Chapter 178,Section 178-74 C (2).
Attendance at the meeting will require you to wear a mask, practice social
distancing, and consent to have your temperature taken. We request that only one
member of the household attend due to space limitations in the Cortlandville
Water & Sewer Garage across the parking lot from the Raymond G. Thorpe
Municipal Building.
Chris Newell, Chairperson
Cortlandville Planning Board
Chairman Newell asked if there was anyone present who wished to speak on this matter, and there
were, as follows:
Paula Cowling – 14 Ridgeview Avenue – Stated she was a “NIMBY” (not in my back yard).
Lots of places this could be located. Had questions she would like answered. Who owns
the land? How long is lease for? What about the water table? Will there be a report
from NYSDEC? Why was Long EAF challenged? No definition of disturbance area yet.
What is benefit to Cortlandville? About 36,000 panels only 200 feet away. Would like to
see other affects from other farms. Site loaded with shale. Radon detected in her home.
Thanked Board for serving as Lead Agency. What methods in place for maintenance?
It’s an eyesore in the middle of a nice residential area.
Lester Richmond – 1025 Blue Creek Road – Lives 1000 feet away from proposed project.
Opposes the solar array. Why put something this size where homes may be built? At
some point in time, homes would be built here. Why put something like this in this
neighborhood?
(T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes 28 October 2020
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James Nichols – 12 Ridgeview Avenue – Raised our family here; moved here 33 years
ago. Turned this into beautiful neighborhood through efforts of those living here. Since
2013, have been forced to endure flooding of St. Mary’s Cemetery, and individual
contracted with to remedy problem has turned our neighborhood into a construction
site. Heavy industrial construction equipment parked in the area. Filed complaints with
City, contacted Cortlandville Code Office, etc. with no response. What’s proposed is not
a solar farm, it’s an industrial site like Niagara Falls. We are going to have to look at this
monstrosity, 500 feet from my back porch. No reason for this at this location. Should
be maintained as farmland. Opposed to this project.
Pam Jenkins – 4023 Collegeview Drive – Mrs. Jenkins displayed maps of area on the
screen which showed boundary lines of Farmland Protection Plan which is in direct
conflict the proposed solar array system. She explained the makeup of the map to those
present. Areas set aside for residential development were indicated. Developer proposes
to put solar system in area already designated for residential development.
Comprehensive Plan, not adopted as yet, shows subject site to be used for other things,
mainly residential. Many small farms are on land zoned Industrial (also had that map).
Proposed array would cover 70 acres with panels. What about stormwater problems?
Who are owners? Mr. Spotts reported there were two owners and two separate financing
deals. What is the true answer? She stated that there’s a monetary advantage to having
two 5 MW facilities rather than one 10 MW facility; this may be the reason Mr. Spotts is
seeking this subdivision. Because these projects are in conflict with the Town’s plans,
and the impacts could not be mitigated, in addition to the neighbors’ objections, she
requested that the Board deny the requested Conditional Permit.
Mark Barlow – Director of Catholic Cemeteries – Cemetery at 4101 West Road is an
interested party, involved in six years of litigation with Jim Stevens. Equipment is there
to mitigate stormwater damage. Current analysis of damage being done by PLS
Engineering; it is not complete as yet. Had to disinter eighteen bodies. Spent one-
quarter of a million dollars so far to repair all the erosion caused by Mr. Stevens. What
will the impact of the proposed system be on the cemetery?
Scott Steve – 5 Ridgeview Avenue – Opposed to the project for most of the reasons
already stated. Pile of topsoil from Route 281 project is onsite and hasn’t been dealt
with yet. What about long-term maintenance of the solar array project? What about
erosion?
With everyone being heard who wished to be heard,
Chairman Finn closed the Public Hearing at 7:58 p.m.
REGULAR MEETING
The Regular Meeting of the Town of Cortlandville Planning Board was called to order at 8
p.m. by Chairman Chris Newell.
APPROVAL OF MINUTES – 29 SEPTEMBER 2020
A motion was made by Member Nick Renzi to approve the Town Planning Board Minutes of
29 September 2020, as submitted. The motion was seconded by Member Ann Hotchkin, with
the vote recorded as follows:
Ayes: Chairman Newell Nays: None
Member Renzi
Member Parvizi
Member Updyke
Member Hotchkin
Motion carried.
This becomes Action #64 of 2020.
(T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes 28 October 2020
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OLD BUSINESS
McLean Solar 1 LLC, Applicant/Farm East ::C. Reputed Owner – 415 McLean Road – TM
#95.00-01-33.1 – SEQRA Process
Town Attorney John DelVecchio introduced Attorney Patrick Snyder, who is also a Licensed
Professional Engineer, who had been previously discussed as someone well versed in the SEQRA
process and would serve the Planning Board well in this capacity. Attorney DelVecchio stated he
had reached out to the attorney for the applicant on several occasions, and the applicant has
agreed to pay for Attorney Snyder’s services in this regard. An escrow agreement has been drafted,
he said, for Attorney Snyder’s involvement; the agreement has been signed by the applicant with
monies received. The Planning Board should affirm their willingness to execute this agreement if it
so wishes.
Member Renzi asked if a scope of work had been determined, and Attorney DelVecchio advised it
had been; Attorney Snyder would be involved in seeing the SEQRA process through. At this time,
he stated, a Positive Declaration had been made and the applicant has chosen to follow through
and had submitted a draft Scope and will eventually prepare an Environmental Impact Statement.
With no further discussion, a motion was made by Member Hotchkin that the Town of
Cortlandville Planning Board authorizes Attorney Patrick Snyder to represent the Town in
the SEQRA process and authorizes Chairman Chris Newell to execute the Escrow Agreement
between the Planning Board and the applicant for Attorney Snyder’s services. The motion
was seconded by Member Updyke, with the vote being recorded as follows:
Ayes: Chairman Newell Nays: None
Member Renzi
Member Parvizi
Member Updyke
Member Hotchkin
Motion carried.
This becomes Action #65 of 2020.
Member Renzi asked all Board members to take a look at Pam Jenkins’ comments. Attorney
Snyder addressed the Board regarding this project. The public, he stated, has not been given the
opportunity to participate in the scoping process which has to be completed within sixty days. It is
now up to the Board to provide an opportunity to review the document, and provide their input
within this time period. Attorney DelVecchio then commented that the applicant’s attorney had
requested the scheduling of a public hearing on the draft scope for its next meeting, and that any
comments to be made be submitted to him prior to that so they can be prepared to address them if
need be. Attorney DelVecchio stated comments could be submitted to him and he will see that they
are forwarded to the applicant.
Pam Jenkins commented that it was her understanding “that we were supposed to be invited to
participate in scoping.”
Draft scoping was then discussed and, at the conclusion of the discussion, a motion was made by
Member Updyke to schedule a Public Hearing for 24 November 2020, 7:30 p.m., for the draft
Scoping of the Environmental Impact Statement. The motion was seconded by Member
Parvizi, with the vote recorded as follows:
Ayes: Chairman Newell Nays: None
Member Renzi
Member Parvizi
Member Updyke
Member Hotchkin
Motion carried.
This becomes Action #66 of 2020.
(T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes 28 October 2020
Page 4 of 7
Attorney Snyder suggested that the Board members compile their written comments individually
which would then be put into one document.
SSC Cortlandville II LLC, Applicant/Reputed Owner – 4242 Bell Crest Drive AND SSC
Cortlandville III LLC - 4240 Bell Crest Drive - TM #86.00-02-01.100 – Conditional Permits &
Aquifer Protection District Special Permits – Proposed Solar Projects
(Reference is made to this Board’s Minutes of 4 and 25 August and 29 September 2020 for
additional details.)
Attorney/Engineer Snyder said he had been in communication with Mr. Spotts and had received
what he had needed from him. He stated he had heard from NYSERDA who did not want to be
Lead Agency; however he has not heard from the NYSDEC or the IDA. The Town Board wants the
Planning Board to act as Lead Agency. No determination can be made until this Board is
established as Lead Agency.
Member Renzi advised those present that he had made some comments regarding these
applications, and he reviewed them with the Board. He clarified that what he was reading were
strictly his own comments, a copy of which has been placed on file for the record, and also given to
Mr. Spotts for his response.
Member Hotchkin asked about the project’s effect on the County Landfill, and noted that the
applicant stated the project would generate about 32 tons of solid waste. Mr. Spotts reported this
was mostly packaging material, i.e., cardboard and pallets. He said they had options where these
materials could be disposed of; Chairman Newell advised there was a “flow control law” in this
County. Member Hotchkin reminded the Board that this was only one project out of eight that are
proposed.
Member Renzi suggested that the Planning Board members should review the Supreme Court Order
of 1 February 2019 which he had emailed to them. He then asked if the stormwater problem had
been mitigated? Mr. Spotts said they had weekly calls regarding this as it is very important to them
as neighbors that the problem be addressed and finalized and closed out with NYSDEC. It is
substantially complete, he said, and they are just waiting for vegetative growth.
Member Renzi asked if County Soil & Water had been contacted, and Mr. Spotts did not know. He
suggested that Ms. McGrath of CS&W be contacted for their review. Mr. Spotts asked for the
Board’s consideration to approve the project under the condition that the Court Order is lifted prior
to the issuance of the Building Permit.
Attorney DelVecchio commented that litigation raised by the Board is of legitimate concern. He
believes that should the Board ultimately grant the Conditional Permit, that it would not be legally
inappropriate to do so with a contingency upon all of the directives specified in that Court Order
being fulfilled. The best way to see that this is done is for NYSDEC to make the sign-off.
At the conclusion of this extensive discussion, a motion was made by Member Renzi that the
applications for a Conditional Permit and an Aquifer Protection District Special Permit for
these solar projects be postponed until the next meeting of the Town of Cortlandville
Planning Board. The motion was seconded by Member Updyke, with the vote recorded as
follows:
Ayes: Chairman Newell Nays: None
Member Renzi
Member Parvizi
Member Updyke
Member Hotchkin
Motion carried.
This becomes Action #67 of 2020.
(T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes 28 October 2020
Page 5 of 7
Route 222 Cortlandville LLC, Applicant/Rosler-Herwood Properties, LLC, Reputed Owner -
(wellNOW Urgent Care Clinic) - South Side of NYS Route 222 - TM #86.13-01-58.100 -
Conditional Permit and Aquifer Protection District Special Permit
(Reference is made to the 29 September 2020 Minutes of this Board for further details.)
Chairman Newell recognized Matt Lester, representing the applicant who was seeking a Conditional
Permit and an Aquifer Protection District Special Permit to construct a 3531 SF urgent care clinic
on the subject property. Chairman Newell asked if Mr. Lester had received the Cortland County
Planning Department/Board comments regarding this project; he had.
PZO Weber commented that the applicant was supposed to have provided hard copies of the plans
for the Board and he only received one, and there was no reference made to the comments. Mr.
Lester apologized. The plans have been updated, he said, to address the comments. Member Renzi
reviewed the County’s recommendations.
Mr. Lester reported that a copy of an easement to the Valu Home Center has been drafted and will
be placed in the deed. Hours of operation for the wellNOW facility will be from 8 am. until 8 p.m.,
365 days per year; if high volume, it could go from 8 a.m. to 11 p.m. Handicapped spaces have
been moved closer to the main entrance. The building has been raised due to the Flood Plain.
Answers to the Board’s other concerns have been contained in the revised packet (which should be
forthcoming).
At the conclusion of the discussion, a motion was made by Member Hotchkin approve the
subdivision of land and the Conditional Permit, as requested, incorporating Items 1 thru 16
of the Cortland County Planning Board’s Resolution No. 20-25 of 21 October 2020, with a
recommendation made to the Town Board that the issue an Aquifer Protection District
Special Permit and act as Lead Agency under SEQRA. The motion was seconded by Member
Parvizi, with the vote recorded as follows:
Ayes: Chairman Newell Nays: None
Member Renzi
Member Parvizi
Member Updyke
Member Hotchkin
Motion carried.
This becomes Action #68 of 2020.
Suit-Kote Corporation, Applicant/Reputed Owner – 3779 US Route 11 – TM #97.00-01-
31.000 – Conditional Permit & Aquifer Protection District Special Permit for Proposed New
Facilities
[The applicant appeared before the 29 September 2020 meeting of this Board, seeking a Conditional
Permit and Aquifer Protection District Special Permit to add a new scale platform, storage unit (two
silos), and gas service building at this blacktop plant site, as shown on the materials accompanying
the application. Eventually they will be eliminating the small plant they have. They would like to
start construction in November/December.]
PZO Weber reported that, in error, the incorrect documents had been forwarded to County
Planning. He has spoken with their staff and they have not seen anything in the correct documents
that would be a problem, and the Aquifer Permit requirement is because of the cost of the project,
not because of any hazardous material storage.
Chairman Newell asked the Board if they had any questions; there were none.
(T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes 28 October 2020
Page 6 of 7
With no further discussion, a motion was made by Member Hotchkin to approve the
Conditional Permit for a new scale platform, storage unit, and gas service building
contingent upon a positive recommendation from County Planning and adherence to any
County recommendations, with the Town Planning Board’s recommendation to the Town
Board that they issue an Aquifer Protection District Special Permit and act as Lead Agency
under SEQR. The motion was seconded by Member Parvizi, with the vote recorded as
follows:
Ayes: Chairman Newell Nays: None
Member Renzi
Member Parvizi
Member Updyke
Member Hotchkin
Motion carried.
This becomes Action #69 of 2020.
Cortland Travel Holding Inc., Applicant/Reputed Owner – 3742 US Route 11 – TM #97.02-01-
24.000 – Conditional Permit & Aquifer Protection District Special Permit – Proposed
Underground Storage Tank
(Reference is made to this Board’s Minutes of 29 September 2020 for further details.)
Chairman Newell recognized Attorney Fran Casullo, representing the applicant who was seeking a
Conditional Permit and Aquifer Protection District Special Permit to install an underground 9400-
gallon double-walled storage tank to hold a non-petroleum product (diesel exhaust fluid – Urea
DEF). It’s non-toxic and used in diesel trucks to make emissions a lot cleaner, and is not regulated
by the NYSDEC nor the Environmental Protection Agency. All details were contained in the
technical materials accompanying the application.
Attorney Casullo reported that he had received the report/resolution from County Planning. The
recommendations from the County Board would be met.
With no further discussion, a motion was made by Member Updyke to approve the Conditional
Permit for the proposed underground storage tank, as requested, with a recommendation
made to the Town Board that they issue an Aquifer Protection District Special Permit and
act as Lead Agency under SEQR. The motion was seconded by Member Hotchkin, with the
vote recorded as follows:
Ayes: Chairman Newell Nays: None
Member Renzi
Member Parvizi
Member Updyke
Member Hotchkin
Motion carried.
This becomes Action #70 of 2020.
NEW BUSINESS
Robert O’Gorman Applicant/U2 Enterprises LLC, Reputed Owner – 3699 Luker Road – TM
#95.00-05-05.110 – Conditional Permit for Pole Barn
Chairman Newell recognized the applicant and complimented him on the materials accompanying
the application. Mr. O’Gorman explained he was seeking a Conditional Permit to construct a 40 ft.
by 60 ft. pole barn expansion on this site occupied by his business. There will be no signs and only
one light over the door.
(T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes 28 October 2020
Page 7 of 7
Member Renzi said he saw no problem with what was proposed but wanted to make sure the
proposed storage use was in keeping with the Code. PZO Weber assured him the use would be in
conformance with the Code.
It is noted for the record that the plans for the proposed pole barn and associated parking area had
been reviewed by County Soil and Water, and their 19 October 2020 letter stated they found the
proposed project will not cause additional stormwater volume to leave the property.
With no further discussion, a motion was made by Member Hotchkin to approve the
Conditional Permit, as requested. The motion was seconded by Member Updyke, with the
vote recorded as follows:
Ayes: Chairman Newell Nays: None
Member Renzi
Member Parvizi
Member Updyke
Member Hotchkin
Motion carried.
This becomes Action #71 of 2020.
OTHER MATTERS
• Chairman Newell stated that between now and the November meeting, Board members had
their homework to do regarding the proposed solar projects. Attorney DelVecchio gave some
instructions on procedural issues.
• PZO Weber answered the Board’s questions regarding setting up of a Town email address.
Nick Alteri serves as the Town’s “guru” for same.
ADJOURNMENT
At 9:10 p.m., a motion to adjourn the meeting was made by Member Renzi, seconded by Member
Updyke, with all members present voting in the affirmative.
Joan E. Fitch, Board Secretary Draft e-mailed to Town Clerk & AR,
JD, PB Members, DD, BW, KM & DC on 11/16/20.
Approved 11/24/20.