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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. Page 1 of 4 (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 Page 2 of 4 (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. Page 3 of 4 (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 Page 4 of 4 E-mailed to Town Clerk, JBF, PB Members, DD, BW, KM & DC on 2/17/18. 1T)r®RTLANDU W RINTED ATTENDANCE SHEET FEB 2,0 2019 05 ME'ETINT-OF-lir- (Your attendance is recorded in the meeting Minutes.) Name: Representing/ Regarding: Complete Address: .1 cd Pao ga4JA— PLANNING BOARD Meeting Only