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Home My WebLink About2019-10-08 PB Minutes FinalTOWN OF CORTLANDVILLE PLANNING BOARD Minutes of Special Meeting - Tuesday, 8 October 2019 - 7:30 PM Town Hall Board Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) Others Present Christopher Newell, Chairman Bruce Weber, Town Planning/Zoning Officer Nicholas Renzi John A. DelVecchio, Town Attorney Nasrin Parvizi Joan E. Fitch, Board Secretary Laird Updyke Ann Hotchkin Applicants & Public Present Stephen Compagni for Economy Paving, Applicant; John Barden, Garry VanGorder, Doug Withey, Pam Jenkins, Bob Martin, Gerry Ruggiero, Joseph Compagni, Katherine Compagni; Town Councilman John Proud. This Special Meeting of the Town of Cortlandville Planning Board was called to order at 7:30 p.m. by Chairman Chris Newell, who welcomed Ann Hotchkin, new Planning Board member. Chair Newell then asked if there was any additional information to be received by this Board since their last meeting of 24 September 2019; there was none. PRIVILEGE OF THE FLOOR - JOHN BARDEN Chair Newell stated that "this is not a Public Hearing, so I'm going to deny that." OLD BUSINESS Economy Paving/ Compagni, Applicant - NYS Route 13 - TM #77.00-01-33.200 - Request for Reissuance of Conditional Use Permit Chairman Newell recognized Town Attorney John DelVecchio who acknowledged that this matter has caused emotional, financial, etc., concerns. He then gave a brief history of the problem with this site which, eventually, ended with the Town Planning Board revoking the applicant's Conditional Permit/Site Plan Approval on 29 August 2017 (Action #66 of 2017). Litigation was commenced by Economy's adjacent neighbor, John Barden; that litigation is still pending. Attorney DelVecchio advised everyone that at the time of the revocation, he was a member of the Town Planning Board, so he is very careful with his involvement in the enforcement of that motion, and recused himself from that and was not directly involved in any way in that matter. Attorney DelVecchio advised the Board that what is before them now is to "determine whether or not Economy Paving site, as it exists today, is in full compliance with the formerly approved Stormwater Management Plan. If determined by this Board that this is the case, then the decision would be to rescind your revocation of that Site Plan." Attorney DelVecchio referenced letters from County Soil and Water regarding their determinations, copies of which have been placed on file. Also referenced were three engineering reports, one from Economy Paving, one from John Barden's engineer, and a one-page report from Charles Feiszli, PE, received on 3 October 2019; Engineer Feiszli noted that the Economy Paving stormwater system appeared to be operating sufficiently. These reports should all be made part of the record, Attorney DelVecchio stated. Attorney DelVecchio acknowledged receipt of a 4 October 2019 letter from Attorney Scott F. Chatfield on behalf of John Barden. The letter recommended that the question before the Board tonight should be tabled to permit time to obtain an independent analysis of the entire situation/site from a qualified Professional Engineer upon which to base its decision. Attorney Chatfield also stated that Mr. Barden Page 1 of 5 (T) Cortlandville Planning Board Special Meeting Minutes 8 October 2019 would support any conclusion reached by the Board "which is based upon such a thorough and unbiased analysis of the facts..." Attorney DelVecchio continued by stating that the Board could (1) decide, based on the materials in front of you, that the stormwater system is functioning satisfactorily and rescind the prior revocation, (2) conclude that the stormwater system is not functioning properly, or (3) hire an independent engineer to make an evaluation of the site. If #3 is selected, the Town Board will pay for an engineer to do this— they want to get it right as the aquifer is of utmost importance. Member Renzi commented that the Town has had a good relationship with Economy Paving, going back 40 years, and he also wanted to reveal that he has had a long-standing good relationship with "Mr. Compagni." He also thought there were other issues with regard to the Site Plan, Conditional Permit, and Stormwater Management that should all be made a part of the evaluation. Member Renzi commented that if the Board desires to hire an independent engineer, any Request for Proposal should set forth exactly what scope of work should be covered, and he had taken the time to prepare a "Request for Proposal," a copy of which is attached to these Minutes as Attachment A. The Board then discussed the ability of the independent engineer, if that was the decided way to go, to have access to the Economy Paving site, as this was a "must" to determine whether or not everything thereon was functioning properly. Member Renzi then asked Stephen Compagni if an outside engineering company could have access to the subject property to do whatever they need to do, and Mr. Compagni responded, "the answer is no." Member Laird Updyke asked if the engineer could make a determination from observation. Member Renzi responded that probably the information the Board already has could be relied upon. Chairman Newell then commented that the Board has conflicting reports now. Member Updyke asked if there was any way the property could be accessed; PZO Weber answered that the Town would probably have to go to Court to do so. Member Renzi read aloud his "Request for Proposal" that he had prepared (see Attachment A) and this was discussed by the Board. At the conclusion of an extensive discussion, a motion was made by Member Renzi that the Cortlandville Planning Board requests that the Cortlandville Town Board hire an independent engineer, and that they give consideration to the proposed Request for Proposal as prepared by Planning Board Member Nick Renzi on 7 October 2019 and presented on 8 October 2019. 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 #61 of 2019. A motion was then made by Member Updyke to postpone the request for reissuance of the Conditional Permit pending receipt of the report from the independent engineer. 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 #62 of 2019. Member Parvizi graciously offered her expertise to the Town Board. Page 2 of 5 (T) Cortlandville Planning Board Special Meeting Minutes 8 October 2019 ADJOURNMENT At 8:20 p.m., a motion to adjourn the meeting was made by Member Updyke, seconded by Member Parvizi, with all members present voting in the affirmative. n E. Fitch, Board Secretary Attachment A — Request for Proposal Page 3 of 5 E-mailed to Town Clerk, JBF, PB Members, DD, BW, KM & DC on 11/18/19. (T) Cortlandville Planning Board Special Meeting Minutes 8 October 2019 ATTACHMENT A REQUEST FOR PROPOSAL PROJECT TITLE: Stormwater Management System and Site Plan assessment and recommended corrective action re Economy Paving property at 1819 NYS Route 13. PROJECT LOCATION: 1819 NYS Route 13 Cortland, NY 13045 and 1799 NYS Route 13 Cortland, NY 13045 BACKGROUND: The property located at 1819 NYS Rote 13 known as Economy Paving was granted a Conditional Permit and Site Plan approval by the Cortlandville Planning Board in 1999. Since that time there have been reported physical changes at the Economy Paving property resulting in reported flooding of the property located at 1799 NYS Route 13 known as Barden. REFERENCE DOCUMENTS: Cortlandville Town Code Approved Stormwater Management Plan Approved Conditional Permit Approved Site Plan LACROSS Development Engineer's report dated February 21, 2018 RZ Engineering Report dated April 12, 2018 Cortland County Soil and Water Conservation District memo to Bruce Weber dated 8/22/18 SCOPE OF WORK: 1. To determine if the existing stormwater management system and site on 1819 NYS Route 13 conform to what was originally approved. 2. To determine the differences between the existing stormwater Management System and the approved configuration. 3. To determine the differences between the existing site and the approved site plan as it relates to the flooding problem. 4. To describe the impact of the differences to the functionality of the stormwater management system 5. To determine the cause of the flooding on the property located at 1799 NYS Route 13. 6. To prescribe the necessary corrective action required to eliminate the flooding on Barden's property. Both narrative and stamped engineering drawings are desired. 7. Final report summarizing all findings and corrective actions. Ten copies required. TIMETABLE: Issuance of RFP October 14, 2019 End date for questions October 25, 2019 Period for site visits October 28 to November 1, 2019 Submittal date for proposals November 8, 2019 Selection and award of contract November 15, 2019 Final report submittal December 2, 2019 at 4:00pm to Chris Newell Chairman Cortlandville Planning Board Page 4 of 5 (T) Cortlandville Planning Board Special Meeting Minutes CONTACT PERSONNEL: 8 October 2019 ATTACHMENT A (cont'd) Client: Cortlandville Town Board, Richard Tupper Supervisor 607 756-6091 Scope of work: Chris Newell 607 423-8800 Question re RFP: Chris Newell Questions re Cortlandville Town Code: Bruce Weber 607 756-7052 Legal: Town Attorney John DelVecchio 607 299-4796 Reference documents: Bruce Weber 607 756-7052 PROPOSAL CONTENT: Narrative describing company qualifications and related experiences including at least three references. Personnel assigned to this project including experience and licenses. Description of deliverables in detail Comments on timetable Contract cost Date: this document was generated was October 7, 2019 Page 5 of 5 (T) CORTLANDV.ILLB AUG 0 5 2020 56 -� ATTENDANCE SHEET T,LANNING_BO�, Se�C- MEET_ING OFF (Your attendance is recorded in the meeting Minutes.) '"PRINTED Name: 0, o 771, bP_ �� dai)i ;A 22 -7 (/�-,n/ Gotio�.e-'j f1r 2� Tc' /fid `�• 1 �/l�n A%l/`/i� Representing/ Regarding: 1� 0di0/�,v/uv/Y�r M LI Complete Address: 32 rs�,�� yo23 CoL,_m;rvrLj v5.n C�2 PIANNI.NG= BOARD: Meeting- Only