HomeMy WebLinkAbout2019-01-29 PB Minutes FinalTOWN OF CORTLANDVILLE PLANNING BOARD
Minutes of Regular Meeting - Tuesday, 29 January 2019 - 7:30 PM
Town Hall Board Room - 3577 Terrace Road - Cortland, NY
Board Members (*absent) Others Present
Katherine Wickwire, Chairperson Bruce Weber, Town Planning/Zoning Officer
Christopher Newell John B. Folmer, Town Attorney
Nicholas Renzi Joan E. Fitch, Board Secretary
John A. DelVecchio
Nasrin Parvizi
Applicants & Public Present
Al Kryger & Attorney Mahlon Perkins for Leonidas Group of Virgil, LLC, Applicant; Jeffrey Howarth for
Fleetwash, Applicant; Douglas & Nicholas Howarth, Harold Peacock, Kevin Pristash, Pam Jenkins.
The Regular Meeting of the Town of Cortlandville Planning Board was called to order at 7:30 p.m.
by Chair Katherine Wickwire.
NEW BUSINESS
Jeffrev Howarth, Applicant/ Keith, Adam & Nate Gutchess, Reputed Owners - 1143-1145 NYS
Route 13 - TM #96.05-01-15.000 - Conditional Permit - New Fleetwash Business
Chair Wickwire recognized the applicant who gave the history of his business, Fleetwash, which he was
moving from Homer to the subject property as he needed a larger facility for his expanding business, all
as explained in the materials accompanying the application. Mr. Howarth explained he will be housing
from five to seven vehicles there that service his customers elsewhere. Fleetwash is a national company
and a leader in environmental cleaning (power washing) of vehicles, buildings, sidewalks, etc. There
would be no change to the site or to the existing buildings; he will use the site as is.
In response to Board questions, Mr. Howarth stated that there will be nothing entering storm drains;
they do nothing onsite. Wastewater discharged on the site goes into the sewer system and is regulated.
He stated he was, personally, buying the property. The company has never had any infractions, never
cited for anything. Everything is regulated by the NYSDEC.
At the conclusion of the Board's discussion, Chair Wickwire read aloud Part II of the Short
Environmental Assessment Form. Negative responses were obtained to all questions in Part II.
Therefore, it was determined by the Planning Board, on a motion made by Member Newell, that the
action, based on the information submitted, would not cause any significant adverse
environmental impact, resulting in a Negative Declaration. The motion was seconded by Member
DelVecchio, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #8 of 2019.
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(T) Cortlandville Planning Board Regular Meeting Minutes 29 January 2019
With no further discussion, a motion was made by Member Newell to approve the Conditional
Permit, as requested. The motion was seconded by Member DelVecchio, with the vote recorded as
follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #9 of 2019.
MEETING DATE CHANGE
After a brief discussion, a motion was made by Member Newell that the Town of Cortlandville
Planning Board will hold its nest meeting on 19 February 2019 at 7 p.m. in Town Hall. The
motion was seconded by Member Renzi, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #10 of 2019.
OLD BUSINESS
Leonidas Group of Virgil. LLC. AiDiDlicant/Reuuted Owner - Northwav Drive - South Side of Starr
Road - TM #96.10-01-19.100 - Site Plan Avoroval/PUD
Chair Wickwire recognized Town Attorney John Folmer, who addressed the Board, as follows: "As you
know with regard to the Leonidas project, there are two steps that you are yet to accomplish. One is to
complete the SEQRA review, and the second is to accomplish a Site Plan Review ... And there are some
time limits involved and we have discovered that your meeting in February is apparently going to be on
February 19 as opposed to the usual date and, given the fact that the environmental program could be
complicated, and we did not have all of the information that you requested and we had asked for, I
contacted Mr. Perkins, who's here, and he has written a letter indicating that he would ask or prefer
that you postpone your review of the Site Plan until the 19th, the main reason being Mr. Buhl, who is the
engineer involved, is luckily in Florida . . . but it is felt that it would be important for him to here to
address any technical questions that you might have that you might have with regard to the Site Plan."
A copy of that letter, dated January 29, 2019, addressed to Katherine Wickwire, Chair of this Board, has
been placed on file for the record.
Attorney Folmer continued: "Secondly, you are aware of the fact that we have engaged the services of
Ms. Zoghlin, who is a SEQRA attorney in Rochester, to assist you in the preparation of your final SEQRA
documents. And one of the things that we asked her to prepare was a Statement of Findings and
resolution that would memorialize your action with regard to the SEQRA Declaration of Significance. I
have that resolution which I will give to you in a minute. But before I do that, the resolution is based
upon your adopting the SEQRA documents and the determinations and findings that were made by the
Town Board when they did their SEQRA review in connection with the rezoning of the property to the
PUD status. If you're going to do that, you should have in your files and in your record the
Environmental Assessment Form that the Town used; and I have a copy of that for each of you."
Attorney Folmer handed out the EAF. "The summary of that report, as you go through it, I will indicate
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(T) Cortlandville Planning Board Regular Meeting Minutes 29 January 2019
to you that as you go through that form you'll see that the Town Board identified four areas where they
felt there was a large significance, a large significant impact . . . " and he read the four items: water
downstream from premises involved, noise, odor and light, compatibility with land use plans, and
community character. "And if you look through that document, you will see in the Part 3 that was
prepared and submitted that the Board felt that the water problem could be mitigated by the approval of
a Stormwater Management Plan as part of your review considering the Site Plan. And as you well know,
in the submission for the application . . . there is a Stormwater Management Plan which both Clough
Harbour and Soil & Water has indicated is appropriate. The second one was noise and lights, and
people were concerned ... about light overflowing into their neighbors and the area. Your Board has, in
the past—Walmart for example—directed that lighting be directed downward so that it does not produce
. . . As far as land use plans are concerned, the Town Board felt that the rezone would change the
classification and would not, and would eliminate and mitigate, or whatever inconsistency there might
have been felt and, with regard to community character, the comment was that while this configuration
may be different from the existing area, the difference will not be, in quotes, sharp contrast, close quote,
with current uses."
"So that's the first step," Attorney Folmer continued. "Then you also requested the services of Clough
Harbour with regard to this application, and you have perhaps a communication that is dated January
18; I have one that is dated January 18 but revised January 28th. And that came about as the result of
some conversations between Ms. Zoghlin in Rochester and Laura Cassalia in Syracuse. And I have a
copy of Laura's letter as revised on the 28th." Copies were given to Board members, including the
proposed resolution by Ms. Zoghlin. "Her legal advice to you is that you adopt this resolution which, in
great detail, indicates the method by which you would issue what she is calling a Negative Declaration."
Attorney Folmer stated he was asking the Board to review that resolution and decide whether or not
they will act in accordance with it. He also said that he had hoped to have all of this material up and
ready on the website for review before this meeting. However, the letter from Clough Harbour arrived in
his office by email at approximately 3:30-3:45 p.m. The resolution from Ms. Zoghlin arrived today at
5:15 p.m. Attorney Folmer stated he was leaving it up to the Board as to how they wish to proceed; this
is a lot of material that they have not seen. Lastly, he said he has been asked, on occasion, to provide
information concerning communications between Ms. Zoghlin and himself and he has declined to
respond to those requests because he considered that privileged information between lawyer and client.
Once the Board receives the information it is a matter of public record and then Attorney Folmer will do
what he can to post it on the website. Pam Jenkins, who was present, had requested this information
and was given a copy by Attorney Folmer.
Member Renzi questioned something in the proposed resolution, and Attorney Folmer responded that
what was contained therein was a "legal opinion" prepared by Ms. Zoghlin. The Board was not bound to
take any action on this. Chair Wickwire stated that the Board "wanted to do it right." She felt that the
only thing this Board has control over is the Site Plan. Attorney Folmer advised the Board to read the
proposed resolution. He then talked about his conversation with Attorney Mahlon Perkins who
understands the Board's position. He would also like to be assured what will be done on February 19th;
"we can't keep extending this."
At the conclusion of this extensive discussion, a motion was made by Member Newell to postpone
any action on the proposed Starr Road Residential Development until the 19 February 2019
meeting of this Board. The motion was seconded by Member Parvizi, with the vote recorded as
follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #I I of 2019.
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(T) Cortlandville Planning Board Regular Meeting Minutes
29 January 2019
Attorney Folmer and PZO Weber advised the Board that any items they have not seen before are
available from the Town Clerk. Member Renzi asked questions about the Site Plan review which were
answered by the attorney. Member Renzi also complimented the engineer, Tim Buhl, who he felt had
prepared "excellent' drawings.
OTHER MATTERS
Training: Chair Wickwire and Member Newell reported they had signed up for the upcoming
training in March.
Kathleen Reaizan, who was in attendance, asked if she could say something, and Chair Wickwire
said "sure." Ms. Reagan stated she lived across the road from the proposed Starr Road
Residential Development. She stated that the traffic count submitted by the applicant "was
bogus." She lives in the neighborhood and observes this every day. Next, she said the
community character concern that "it was not a sharp contrast' is, she feels, a very sharp
contrast.
Leonidas: Member Renzi asked Attorney Folmer if there would be any future public hearings.
Attorney Folmer commented on time limits. PZO Weber added that everything we have has been
posted, public hearings have been held before, everyone is welcome to submit any written
documents they would like. Attorney Folmer added that the information received late today will
be posted on the website tomorrow.
ADJOURNMENT
At 8:25 p.m., a motion to adjourn the meeting was made by Member Newell, seconded by Member
DelVecchio, with all members present voting in the affirmative.
n E. Fitch, Board Secretary
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E-mailed to Town Clerk, JBF, PB Members,
DD, BW, KM & DC on 2/17/18.
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