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HomeMy WebLinkAbout2010APR 2 6 2010 INDEX of ACTIONS - 2010 (T) CORTLANDVILLE PLANNINGBOARD MEETING RESOLU I IUN p NO. DESCRIPTION PAGE NO. 1/26/10 1 APPROVED MINUTES OF 29 SEPTEMBER 2009 PLANNING BOARD MEETING, as submitted. al 2 JOHN & SHEILA MORSE - Kellogg Road - TM #97.00-01-35.120 - Lot Line Adjustment APPROVED as requested. Ol NO ACTION E. DOUGLAS CLARK dba DOUG'S POWERSPORTS ' UNLIMITED, TAKEN APPLICANT/E. DOUGLAS CLARK, REPUTED OWNER - 4019-4025 NYS Route 281 - TM #s 86.09-01-24.000 & 25.000 - Continued discussion of previously-issued Conditional Permit. Applicant to return on 23 February 2010. 6� Joan E. Fitch, Board Secretary Sent via e-mail to Karen/Kris, PB Members, JF, BW & TW on 1/28/10. Joan APR.2 6 2010 INDEX of ACTIONS - 2010 (T) CORTLANDVILLE PLANNING BOARD MEETING RESOLUTION NO. DESCRIPTION PAGE NO. 2/23/10 3 APD ENGINEERING, APPLICANT/WAL-MART STORES EAST, RO - NYS Rte. 13 (Proposed Wal-Mart Site) - So. Cortland_- TM #105.00-01-22.211 - Resolution prepared by Attorney Kelly Pronti (pertaining to the tree substitution), is.ADOPTED. 4 JEANNE M. UNDERWOOD, APPLICANT/JEANNE M. UNDERWOOD & RICHARD STOUGHTON, REPUTED OWNERS - NYS Route 13 - TM #77.13- 01-06.000 Lot Line Adjustment APPROVED as requested. 5 E.' DOUGLAS CLARK dba DOUG'S POWERSPORTS UNLIMITED, APPLICANT/E. DOUGLAS CLARK, REPUTED. OWNER - 4019-4025 NYS Route 281 J TM #s 86.09-01-24:000 & 25.0.00 - Planning Board's intention is to have PZO Weber discuss with the applicant (1) the presentation of 'a plan showing a proposed fence, (2) a limit on the number of crates', and (3) the option of purchasing additional property. 04> Joan E. Fitch, Board Secretary Sent via e-mail to Karen/Kris, PB Members, JF, BW & TW on 2/24/10 1 Joan tel, APR 2 6 2010 INDEX of ACTIONS - 2010 (T) CORTLANDVILLE PLANNING BOARD MEETING RLSULUIIUN N0. DESCRIPTION PAGE NO. 3/30/10 6 APPROVED MINUTES OF 10/27, 12/1,'and 12/29/09, as submitted. in 7 DAVID McNEIL dba McNEIL DEVELOPMENT CO., LLC, APPLICANT/REPUTED OWNER - 4038 NYS Rte. 281 (West Rd.) - TM #86.09-01-39.000 - Revised Landscaping Plan APPROVED for proposed medical clinic, as requested, and with landscape stone by the evergreen trees and a request that the applicant consider putting appropriate plantings in the buffer strip along Crestwood Court. , 8 E. DOUGLAS CLARK dba DOUG'S . POWERSPORTS UNLIMITED, APPLICANT/E. DOUGLAS CLARK, REPUTED OWNER - 4019-4025 NYS Route 281 - TM #s 86.09-01-24.000 & 25.000 - Continued discussion on previously 'issued Conditional Permit POSTPONED until - the next meeting of the Cortlandville Planning Board on 27 April 2010. 9 E. DOUGLAS CLARK dba DOUG'S POWERSPORTS UNLIMITED, APPLICANT& DOUGLAS CLARK, REPUTED OWNER - 401.9-4025 NYS . Route 281 - TM #s 86.09-01-24.000 & 25.000 - Conditional Permit for proposed RC car racetrack FORWARDED to the Cortland County Planning Department for their review. - NO ACTION SCOTT WALTER, APPLICANT/REPUTED OWNER - 4367 NYS Route 281 1 TAKEN (-West Road) - TM #76.14-01-59.000 - Subdivision, Site Plan & Aquifer Protection District Special Permit application. l3 10 SUIT-KOTE CORPORATION, APPLICANT/RO - 3779 US Route 11 (Polkvile) - TM #97.00-01-31.000 - Conditional Pefmit APPROVED for proposed 2268 SF building to house two gas-fired steam .boilers and related equipment, as requested. 13 11 POMEROY, 'ARMSTRONG, CASULLO &' MONTY, LLP, ,APPLICANT/WALDEN OAKS COUNTRY CLUB, INC., REPUTED OWNER - Walden Oaks Boulevard - Part of TM #96.00-06-02.000 - Subdivision of Land APPROVED, as requested. 12 DANIEL & CHRISTINE HORN, APPLICANTS/REPUTED OWNERS - 920 Blue Creek Rd. - TM #85.00-08-16.000 - Site Plan APPROVED for construction of new home, garage/workshop, and 1 -bedroom in-law apartment, as requested. ' L T 13 Town of Cortlandville Planning Board requests PZO Weber write a letter to Dan Dineen, Director of Cortland Co. Planning Dept., regarding windmills. l� �oan E. Fitch, Board Secretary Sent via e-mail to Karen/Kris, PB Members, JF, BW & TW on 4/1 /10 Joan JUN 17 2010 ' an E. Fitch, Board Secretary Sent via e-mail to Karen/Kris, PB Members;. JF, BW & TW on 4/28/10 Joan 0 INDEX of ACTIONS - 2010 (T) CORTLANDVILLE PLANNING BOARD - MEETING RESOLUTION N0. DESCRIPTION PAGE NO. 4/27/10 14 APPROVED MINUTES OF 1/26, 2/23, and 3/30/2010 as submitted. //0 '15 SHAWN MALCHAK, APPLICANT/JERRY, STEVE & SHAWN MALCHAK, REPUTED OWNERS - 3600 NYS Route 281) - TM #95.12-01-21.000 - Conditional Permit APPROVED forlog cabin to be displayed for sale, as requested, with setback distances to be 20 feet from the road and 20 feet from the property line. / f 16 PATRICIA C. & STEPHEN K. JORDAN, APPLICANTS/REPUTED OWNERS (dba Shipwreck Golf) - 759 NYS Route 13 - TM #105.00-01-30.200 - Conditional & Aquifer Permit requests for proposed building SENT TO THE CORTLAND CO. PLANNING DEPT. for their. review. -l� E. DOUGLAS CLARK dba DOUG'S POWERSPORTS UNLIMITED, NO ACTION APPLICANT/E. DOUGLAS CLARK, REPUTED OWNER -- 4019-4025 NYS TAKEN Route 281 - TM,#s 86.09-01-24.000 & 25.000 - Applicant not present to continued discussion re previously issued Conditional Permit. r l/ ' an E. Fitch, Board Secretary Sent via e-mail to Karen/Kris, PB Members;. JF, BW & TW on 4/28/10 Joan 0 MEETING 5/25/10 Joan E. Fitch, Board Secretary Sent via e-mail to Karen/Kris, PB Members, JF, BW & TW on 5/28/10 Joan JUN 2 5 2010 INDEX of ACTIONS - 2010 M CORTLANDVILLE PLANNING BOARD ACTION NO. DESCRIPTION PAGE NO. E. DOUGLAS CLARK . dba DOUG'S POWERSPORTS UNLIMITED, APPLICANT/E. DOUGLAS CLARK, REPUTED OWNER - 4019-4025 NYS Route 281 - TM #s 86.09-01-24.000 & 25.000 - Action POSTPONED or 17 this matter until the 29 June 2010 meeting, with requested information being submitted to PZO Weber the Tuesday before the scheduled meeting; PZO Weber is to inform Town Attorney John Folmer if amended application is not received by that Tuesday. MORRIS ROSEN, APPLICANT/REPUTED OWNER - 4312 No. Homer Ave. - TM #s 76.199-01-19.000 & 43.000 - Conditional Permit for expanded recycling facility APPROVED as requested, incorporating Item Nos. 1 18 thru 4 of the Cortland Co. Planning Board's Resolution No. 10-16, dated 19 May 2010, with a recommendation to the Town Board that they issue an Aquifer Protection District Permit and act as Lead Agency under SEQR. 2 DEL VECCHIO FAMILY, LLC, AND GERRAD PROPERTIES, LLC, APPLICANTS/REPUTED OWNERS - 1086 NYS Route 13 - TM #96.09-01- 19 58.000 - Lot Line Adjustment APPROVED as requested, contingent upon Lots 73 and 74 being combined by deed description.) `1 PATRICIA C. & STEPHEN K. JORDAN, APPLICANTS/REPUTED OWNERS (dba Shipwreck Golf) - 759 NYS Route 13 - TM #105.00-01-30.200 AND MORSE INDUSTRIES, APPLICANT/CORTLAND BULK MILK, REPUTED 20 OWNER - 3819 US Route 11S - TM #97.00-01-07.000 - Review of respective applications POSTPONED until the 29 June 2010 meeting of the (T)Cortlandville Planning Board to allow applicants/reps to be present. Joan E. Fitch, Board Secretary Sent via e-mail to Karen/Kris, PB Members, JF, BW & TW on 5/28/10 Joan AUG 3 -0 2010 INDEX of ACTIONS - 2010 M CORTLANDVILLE PLANNING BOARD MEETING ACTION NO. DESCRIPTION PAGE NO. - 6/29/10 APPROVED MINUTES OF THE 4/27/10 & 5/25/10 Town of Cortlandville 21 Planning Board meetings, as submitted. E. DOUGLAS CLARK dba DOUG'S POWERSPORTS UNLIMITED, APPLICANT/E. DOUGLAS CLARK, REPUTED OWNER - 4019-4025 NYS 22 Route 281 - TM #s 86.09-01-24.000 & 25.000 - Action POSTPONED or this matter until the 27 July 2010 meeting. R-7 PATRICIA C. & STEPHEN K. JORDAN, APPLICANTS/REPUTED OWNERS (dba Shipwreck Golf) - 759 NYS Route 13 - TM #105.00-01-30.200 - Conditional Permit APPROVED to enclose an existing miniature golf 23 course with a building and pave existing gravel parking area, incorporating Items #1 & 2 of the County Planning Board's recommendations and Items #1 thru 3 of the Board's notes as contained in their Resolution No. 10-15 dated 19 May 2010. ga PATRICIA C. & STEPHEN K. JORDAN, APPLICANTS/REPUTED OWNERS (dba Shipwreck Golf) - 759 NYS Route 13 - TM #105.00-01-30.200 - Town Planning Board recommends to the Town Board that they issue an 24 Aquifer Protection District Special Permit and act as Lead Agency under SEQR for the enclosure of an existing miniature golf course with a building and pave existing gravel parking area. qQ MORSE INDUSTRIES, APPLICANT/CORTLAND BULK MILK, REPUTED OWNER - 3819 US Route 11 S - TM #97.00-01-07.000 - Conditional 25 Permit APPROVED to display a maximum of ten (10) items of heavy equipment that are in operating condition at this location. NO ACTION EMPIRE TRACTOR - NYS Route 13 - South Cortland - Sketch Plan TAKEN Conference for proposed new facility. NETTIE RANSOM, APPLICANT/CAROLENE KINNEY, RO - 2075 Blodgett v 26 Mills Road - TM #107.00-01-07.100 - Proposed Lot Line Adjustment APPROVED, as requested. DAVID YAMAN, APPLICANT/CORTLAND COMMERCE CENTER, LLC, REPUTED OWNER - 839 NYS Route 13 . - TM #95.00-10-01.100 - 27 Applications for Conditional Permit & Aquifer Protection District Special Permit Applications for proposed Pall Corporation's new Loading Dock Addition SENT TO COUNTY PLANNING DEPT. for their review. REDDING HUNTER INC., APPLICANT/BETTY L. BONAWITZ, REPUTED OWNER - 1084 Tompkins St. - TM #96.09-01-59.000 - Lot Line 28 Adjustment APPROVED, as requested. �t Joan E. Fitch, Board Secretary Sent via e-mail to Karen/Kris, PB Members, JF, BW & TW on 6/30/10 Joan INDEX OF ACTIONS - 2010 (T) Cortlandville Planning Board MEETING I PAGE DATE JACTION NO. DESCRIPTION NO. 7/27/10 E. DOUGLAS CLARK dba DOUG'S POWERSPORTS UNLIMITED, APPLICANT/E. DOUGLAS CLARK, REPUTED OWNER - 4019-4025 NYS Route 281 - TM #s 86.09-01-24.000 & 25.000 - Race track and Site Plan 29 APPROVED as presented on the plan revised on 7/10/10 by James P. McNamara. VOTE: AYE - 3, NAY - 2. DAVID YAMAN, APPLICANT/CORTLAND COMMERCE CENTER, LLC, REPUTED OWNER - 839 NYS Route 13 - TM #95.00-10-01.100 - Site Plan/Conditional Permit for proposed Pall Corp. new loading dock APPROVED subject to the conditions set forth in the Cortland Co. Planning Board's 30 Resolution #10-27 of 7/21/10, and as modified by the Cortland Co. Planning Department, with subject modifications to be communicated, in writing, to the (T) Cortlandville Planning Board. DAVID YAMAN, APPLICANT/CORTLAND COMMERCE CENTER, LLC, 3& REPUTED OWNER - 839 NYS Route 13 - TM #95.00-10-01.100 - Town Planning Board recommends that the Town Board issue an Aquifer Protection 31 District Special Permit for proposed Pall Corp. new loading dock, and act as Lead Agency under SEQR. 32 33 :34 FRED KRAFT, APPLICANT/REPUTED OWNER - 3815 Luker Road - TM #85.20-01-35.12 - Conditional Permit APPROVED for 25' by 40' addition to existing building, as requested. 3� ANDREW SMITH, APPLICANTIEMMANUEL BAPTIST CHURCH, REPUTED OWNER - Ridge Road - NO TM NO. PROVIDED - Site Plan APPROVED for proposed 24'x36' addition to north side of church, as requested. EMPIRE TRACTOR - NYS Route 13 - South Cortland - No TM # Provided - Review of Conditional & Aquifer Permits for proposed new facility POSTPONED until 31 Auqust 2010 meeting of (T) Cortlandville Planning Board. Joan E. Fitch, Board Secretary Sent via e-mail to Karen/Kris, JF, KW, NR, CN, JB , EA, BW & TW on 7/28/10. JF INDEX OF ACTIONS - 2010 4 (T) Cortlandville Planning Board y MEETING DATE ACTION NO. DESCRIPTION 8/31/10 35 APPROVED MINUTES OF 6/29/10 Planning Board meeting, as submitted. 3 C' 36 JAMES & ROBERT LUCAS, APPLICANTS/REPUTED OWNERS - NYS Route 13 (South Cortland) - TM #105.00-01-48.100 - Conditional & Aquifer Permits for proposed new facility SENT TO THE CORTLAND CO. PLANNING DEPT. for their review. 37 MICHAEL & MELISSA SWEENEY, APPLICANTS/ROBERT J. SWEENEY, REPUTED OWNER - 4423 Sweeney Rd. - TM #75.00-01-241.000 - Lot Line Adjustment APPROVED, as requested. REV. BARRY KERNER, APPLICANT/CCCU, CORNERSTONE CHURCH, REPUTED OWNER - 236 So. Main St. - TM #96.00-03-02.000 - Conditional Permit forproposed day care center APPROVED, as requested. 38 TLC EMERGENCY MEDICAL SERVICES, APPLICANT/DAVID J. BUTLER, REPUTED OWNER - 4377 US Route 11 - TM #s 76.15-01-23.000 & 25.000 - 39 Conditional Permit APPROVED for proposed vehicle vestibule addition, as requested. u , Joan E. Fitch, Board Secretary Sent via e-mail to Karen/Kris, JF, KW, NR, CN, JB , EA, BW & TW on 9/1/10. JF PAGE NO. qac INDEX OF ACTIONS - 2010 (T) Cortlandville Planning Board -.1EETING DATE ACTION NO. DESCRIPTION 9/28/10 JAMES & ROBERT LUCAS, APPLICANTS/REPUTED OWNERS - NYS Route 13 (South Cortland) - TM #105.00-01-48.100 - Conditional Permit for proposed new facility APPROVED conditioned upon the following: incorporating of all recommendations contained in the Cortland County Planning Board's Resolution No. 10-33 of 9/15/10, (2) the Stormwater Management Plan and 40 Stormwater Pollution Prevention Plan to be copied to John Helgren at the Cortland Co. Health Department, and (3) with a recommendation made to the Town Board that they issue an Aquifer Protection District Special Permit and act as Lead Agency under SEQRA. STATEWIDE COUNTRY MUSIC ASSOC., INC., APPLICANT/REPUTED OWNER - 1824 NYS Route 13 - TM #77.00-01-43.100 - Conditional Permit for 41 proposed addition APPROVED, as requested. JOHN MOFFITT, APPLICANT/JAMES FERRIS, REPUTED OWNER - 1850 NYS Route 13 - TM #77.00-04-06.000 - Site Plan APPROVED for proposed 42 dance hall, as requested. INTERTEK TESTING SERVICES INC., APPLICANT/ REPUTED OWNER - 3933 US Route 11 - TM #87.00-03-17.100 - Conditional Permit for proposed small wind turbine SENT TO THE CORTLAND CO. PLANNING DEPT. for their 43 review. PAGE NO. i�& 10 7t 4� HEP SALES, APPLICANT/H.S. ASSOCIATES, REPUTED OWNER - 797 NYS Rte. 13 - TM #105.00-03-04.000 - Conditional Permit for proposed 42 ft. by 44 104 ft. pole barn for lumber storage POSTPONED until October meeting of Planning Board in order to have applicant/rep present. WALGREEN'S DRUG STORE - Cor. NYS Routes 281 & 222 - TM # - (T) Cortlandville Planning Board requests that Walgreen's representative(s) be 45 advised to appear before the Town's Planning Board to present a remediation plan and timetable for repair of the store's stormwater management system. Sent via e-mail to Karen/Kris, JF, KW, NR, CN, JB , EA, BW & TW on 10/3/10. Revised #44 and re -issued on 10/29/10. JF INDEX OF ACTIONS - 2010 (T) Cortlandville Planning Board -..IEETING DATE I ACTION NO. I DESCRIPTION 10/26/10 46 APPROVED MINUTES OF 27 JULY & 31 AUGUST 2010, as submitted. TAYLOR McDERMOTT, APPLICANT/LOWE'S HOME CENTERS, INC., REPUTED OWNER - 872 NYS Rte. 13 - TM #95.20-02-02.000 - Outside 47 display area in parking lot APPROVED for 10 trailers and ten sheds, as requested by Taylor McDermott. HEP SALES, APPLICANT/H.S. ASSOCIATES, REPUTED OWNER - 797 NYS Rte. 13 - TM #105.00-03-04.000 - Conditional Permit application for proposed 48 42 ft. by 104 ft. blue pole barn building for lumber storage APPROVED as requested. INTERTEK TESTING SERVICES INC., APPLICANT/ REPUTED OWNER - 49 3933 US Route 11 - TM #87.00-03-17.100 - Negative Declaration under SEQRA for proposed small wind turbine. INTERTEK TESTING SERVICES INC.; APPLICANT/ REPUTED OWNER - 3933 US Route 11 - TM #87.00-03-17.100 -Conditional Permit APPROVED for proposed small wind turbine, as requested, incorporating Items #1 thru #3 of 50 the Cortland Co. Planning Department's report, page 4, dated 10/15/10, signed by D. Dineen, Director of Planning. WALGREEN'S DRUG STORE - Cor. NYS Routes 281 & 222 - TM # - (T) Walgreens' representative and engineer appeared before the Town NO ACTION Planning Board to present a remediation plan and timetable for repair of the TAKEN store's stormwater management system. JASON & JULIE LILLEY, APPLICANTS/LIVIA NATALE, REPUTED OWNER - 1138 NYS Route 13 (Tompkins Street) - TM #96.09-03-03.000 - Site Plan for 51 proposed flower shop/apartment SENT TO THE CORTLAND CO. PLANNING DEPT. for their review. CARL H. SNYDER (NY LAND QUEST), APPLICANT/LEWIS & LIDA GENSON, REPUTED OWNERS - Negative Declaration under SEQRA for proposed 52 subdivision of land. CARL H. SNYDER (NY LAND QUEST), APPLICANT/LEWIS & LIDA GENSON, REPUTED OWNERS - Subdivision of land APPROVED with 10 ft. ROW, as 53 requested. Sent via e-mail to Karen/Kris, PE )/28/10. Joan PAGE NO. S� 01 6.7 55 S� ls� _JEETING DATE INDEX OF ACTIONS - 2010 (T) Cortlandville Planning Board PAGE ACTION NO. DESCRIPTION I NO. 11/30/10 54 APPROVED MINUTES OF 28 SEPTEMBER & 26 OCTOBER 2010, as submitted. .SG� JASON & JULIE LILLEY, APPLICANTS/LIVIA NATALE, REPUTED OWNER - 1138 NYS Route 13 (Tompkins Street) - TM #96.09-03-03.000 - Negative 55 Declaration under SEQRA for proposed flower shop/apartment. a -1 JASON & JULIE LILLEY, APPLICANTS/LIVIA NATALE, REPUTED OWNER - 1138 NYS Route 13 (Tompkins Street) - TM #96.09-03-03.000 - Site Plan for proposed flower shop/apartment APPROVED, as requested, incorporating Item 56 #1 of Cortland Co. Planning Board's Resolution No. 10-43 of 11/16/10, and with applicant to return before Planning Board in June 2011 to start work on parking lot. APD ENGINEERING, APPLICANT/WAL-MART STORES EAST, RO - NYS Rte. 13 (Proposed Wal-Mart Site) - So. Cortland - TM #105.00-01-22.211 - Amended Site Plan APPROVED as resolved in 30 November 2010 Resolution 57 prepared by Attorney Kelly Pronti (pertaining to revised pharmacy drive- thru). BESTWAY ENTERPRISES, INC., APPLICANT/REPUTED OWNER - 3269 Gracie Road - TM #105.05-01-12.100 - Lot Line Adjustment, APPROVED, as <i 58 requested. DAVID LAW, APPLICANT/DAVID & LORI LAW, REPUTED OWNERS - 3871 US Route 11 - TM #87.00-04-04.000 - Site Plan for proposed additional exterior 59 lights APPROVED, as requested. 621 J. LEE AMBROSE,AS TRUSTEE, APPLICANT/CORTLAND DIAGNOSTIC IMAGING ASSOCS, PC EMPLOYEES' PROFIT SHARING PLAN & TRUST, REPUTED OWNER - Commons Ave./Kinney Gulf Road - TM #s 86.09-01-21, 60 22.200 & 86.13-01-14.110 (26± A.) - Request for Zone Change Classification from R-1 Residential to B-1 Business SENT TO THE CORTLAND CO. PLANNING DEPT. for their review. /^ DAVID McNEIL dba McNEIL DEVELOPMENT CO., LLC, APPLICANT/REPUTED OWNER - 4038 NYS Rte. 281 (West Rd.) - TM #86.09- 61 01-39.000 - Cortlandville Planning Board ACCEPTS the accessory parking area for Family Health Network facility at the Murray Center parking lot on NYS ``-- 3 Route 281. c2 NO ACTION DISCUSSION OF PROPOSED ALTERNATE PLANNING BOARD MEMBER TAKEN Sent via e - Joan ,IEETING DATE 12/28/10 INDEX OF ACTIONS - 2010 (T) Cortlandville Planning Board ACTION NO.1 DESCRIPTION SUIT-KOTE CORPORATION - 1911 Lorings Crossing Rd. - TM #77.00-01- 62 22.000 - Negative Declaration under SEQRA for proposed addition to existing building. SUIT-KOTE CORPORATION - 1911 Lorings Crossing Rd. - TM #77.00-01- 22.000 - Conditional Permit APPROVED for proposed addition to existing 63 building. STEVE TERWILLIGER, APPLICANT/JOHN McGEE, REPUTED OWNER - NYS Route 13 So. - TM #105.00-01-44.000 - Request for Subdivision, Site Plan Approval, and Aquifer Protection District Special Permit forproposed office 64 building POSTPONED (as no applicant/representative was present to answer Planning Board's questions). TOWN PLANNING BOARD RECOMMENDS to the Town Board that they consider establishment of an Alternate Member position on the Town Planning Board with the following description, responsibilities and compensation: (1) Serves as an alternate in the case of an absence of a regular member or if a regular member recuses him/herself, (2) Alternate Member must conform to the training requirements for Planning Board members as defined by New York State, (3) Alternate Member receives and reviews all Planning Board minutes in order to keep abreast of Planning Board activities, (4) Alternate Member is responsible to become familiar with aspects of Planning Board activities and duties by reading "The Short Course: A Basic Guide for Planning Boards and 65 Zoning Boards of Appeal in New York State," published by the NY Planning Federation, (5) Alternate Member actively participates in Planning Board meetings when participating as an alternate, and (6) the Alternate Member shall be compensated for all meetings he/she actively participates in while acting as an alternate for a member who is absent/recused. VOTE: 3 Aye, 2 Nay. r �_��. Sent via e-mail to Karen/ ns, Pb Members, JI-, IiW &I W on 12/31/10. Joan PAGE NO. APR 2 6 2&10 f TOWN OF CORTLANDVILLE PLANNING BO* ARD Minutes of Regular Meeting - Tuesday, 26 January 2010 - 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 Joan E. Fitch, Board Secretary Nicholas Renzi John Folmer, Town Attorney Elizabeth Ambrose James Bugh Applicants & Public Present Doug Clark, Applicant; John & Sheila Morse, Applicants; Town Board Member John Proud; Pat Gabriel. �I REGULAR MEETING The Regular Meeting of the Town of Cortlandville Planning Board was called to order by Chairperson Katherine Wickwire at 7:30 p.m. APPROVAL OF MINUTES - 29 SEPTEMBER 2009 A motion was made by Member Nick Renzi to approve the Minutes of the 29 September 2009 meeting of the Town of Cortlandville Planning Board, as submitted. The motion was seconded'by Member Newell, with the vote recorded as follows: l Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose - Motion carried. This becomes Action # 1 of 2010. NEW BUSINESS John & Sheila Morse. Applicants/Reputed Owners - Kellogg Road - TM #97.00-01-35.120 - Lot Line Adiustment Chair Wickwire recognized Sheila Morse who explained that they were seeking approval of a lot line adjustment as they own the adjoining parcel. A tax map sketch accompanied the application, indicating that they wanted to subdivide the 15t acre riverfront parcel (#1) from a. 120± acre parcel on the 'opposite side of Kellogg Road. Access will be through a 30 -foot right -of --way on their other adjoining lands. Parcels 2 and 3, as indicated, will be combined; therefore, no additional lots will be created. With no further discussion, a motion was made by Member Newell to approve the lot line adjustment, as requested. The motion was . seconded by Member Renzi, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #2 of 2010. Page 1 of 3 I APR 26 2010 ba (T) Cortlandville Planning Board Regular Meeting Minutes 26 January 2010 OLD BUSINESS E. Douglas Clark dba Doug's Powersvorts Unlimited. Avulicant/E. Doualas Clark. Reuuted Owner - 4019-4025 NYS Route 281 (West Road) - TM #s 86.09-01-24.000 & 25.000 - Conditional Permit for Radio -Controlled Race Car Track Note: On 1 December 2009, Member Nick Renzi prepared a recap of the history of actions taken by this Board pertaining to this property since 26• September 2000 when the applicant was granted approval of a Conditional Permit for a 50 ft. by 100 ft. metal pole barn type storage building and covered display area on the front of the main building, as requested. As of this date, Member Renzi continued in his written statement submitted for the record, the display area was constructed, but not the storage building. In addition, since the outdoor storage of empty/full shipping crates contradicts the storage in the proposed building, Member Renzi felt that no consideration should be given for a radio -controlled race car track until the original Conditional Permit requirements are met. At the conclusion of the 1 December 2009 meeting, the Conditional Permit request for a proposed radio -controlled car track was POSTPONED until this meeting of the Town of Cortlandville Planning Board, with the applicant instructed as follows: (1) viewing stand and fence for the radio - controlled track are to be removed; the track can 'remain, (2) all empty crates are to be disposed of immediately and correctly, (3) storing of merchandise for sale is to, be behind a fenced area or located behind the building, (4) applicant is given 60 days to meet with the Board with a more detailed proposed sketch plan showing the Board the type of progress made and with possible documentation for the purchase of additional land from adjoining property, (5) the situation is to be completely resolved by the 23 February 2010 Planning Board meeting, and (6) no new Conditional Permit will be approved until the existing Conditional Permit is resolved. At this meeting, the applicant submitted a list of what he has accomplished pertaining to the instructions he was given at the December meeting, a copy of which has been placed on file for the record. Chair Wickwire read aloud Mr. Clark's statement in which he states he had removed the viewing/ driver's stand and fence, removed and disposed of the empty crates on the north side of the existing building, and organized new crated units on his property. With regard to #4 above, he felt he had already done what was requested, but if the Board wanted anything else, he would do so. Regarding the purchase of additional land from an adjoining ,property, the owner is "not prepared to do anything ..." Mr. Clark added that fencing an area to contain the crated units did not make sense to him. They would be stacked above the fence and still be unsightly. Member Renzi asked if it would satisfy the Board if the applicant stored all product behind the store, and Member Newell answered in the affirmative. Mr. Clark was concerned about security. Member Renzi suggested that the applicant contact his neighbor to see if he would sell him a 6 - foot strip of his property along the back for storage. He then suggested that the applicant obtain an estimate for cutting off a corner of his existing building to make more room for storage, or even get some sort of right-of-way from the neighbor. Town Attorney John Folmer then answered some legal questions in this regard. Chair Wickwire recognized Pat Gabriel who stated his children go to Doug's to use the RC track and it keeps kids off the street. Chair Wickwire reiterated the problem that it's what the applicant is going to do regarding the original Conditional Permit; this is what opened up "a can of worms." Mr. Clark explained his new process for removal of empty crates. Chair Wickwire stated that the applicant has until the end of next month to come up with a solution to the problem. Member Renzi stated the problem is storage of the crated units out front, and the track is another issue which will be handled later. Member Newell agreed that the problem is the original Conditional Permit was for one thing and another thing is being done. Mr. Clark stated he will come back before the Board for the RC track. Page 2 of 3 APR 2 6 2010 (T) Cortlandville Planning Board Regular Meeting Minutes 26 January 2010 Town Attorney Folmer asked the applicant why, when he couldn't build the storage building he had received a Conditional Permit for, he did not come back to the Board to explain. Mr. Clark replied that he did not realize it was required that he do so. Chair Wickwire suggested that he again contact the adjoining property owner to see if purchasing an additional strip of land was possible. Mr. Clark agreed to do so. Attorney- Folmer stated that when the Board grants a Conditional Permit with conditions, those conditions are supposed to be met. Member Renzi advised the applicant to come back before the Board next month with a Site Plan to show what he will be doing, with all items located to scale; something the Board can work with. No Action Taken. OTHER MATTERS ✓ CEO Weber distributed information on required "Workplace Violence" which can be accessed on line; Town Attorney Folmer completed same. ✓ Member Renzi stated that, with regard to Kost Tire's Conditional Permit, the fence installed does not conform to the requirements. He asked that this be reviewed by the PZO. Attorney Folmer stated that CEO Williams could check on this. PZO Weber stated he will be happy to talk with them. ✓ Member Renzi stated he had completed the Conditional Permit Chart to make sure they will be followed through. PZO Weber stated he tried to stay on top of them, and asked if he was being asked to report his conversations with Member Renzi. Member Renzi stated all that was needed was a "DONE." PZO Weber explained how he normally reviews -- Conditional Permits. ✓ Member Bugh asked about the definition of Special Permit and Conditional Permit as given in the "Short Course" book—are they the same in the Town of Cortlandville. PZO Weber responded that the special permit would be the Aquifer Permit. Special Permits are a type of permit issued for certain types of uses, i.e., home occupation; the Town has nothing called a Special Use Permit. Member Bugh then asked about public hearings for subdivisions. PZO Weber stated that the requirement is in the Ordinance, but it has been something that has been waived by the Planning Board, typically, unless they feel that it is controversial or large. There are allowances in the Code under Subdivision Regulations. ✓ Member Renzi stated that there will be an Annual Planning Symposium in Syracuse on 4 March. ADJOURNMENT At 8:45 p.m., a motion to adjourn the meeting was made by Member Newell, seconded by Member Elizabeth Ambrose, with all members present voting in the affirmative. Joan Eitch Planni g Board Secretary Page 3 of 3 E-mailed to Town & KW, JB, GW, CN, EA on 4/ 21 / 10; orig. delivered. 03 APR 2 6 2010 0q ATTENDANCE SHEET _ c �1 T CURTLANDVILLE PLANNING BOARD- j MEETING OF 1/ 0 6 J 1 G / �: + r (Your attendance is recorded in the meeting Minutes.) TPRIrNTEIN Name: Regarding: Complete Address: CG O&AAY) (6 fb o rs'e' Su Zvi S i mn ag N b C-W,�e P -c 6D44&" ' Io V\ SIM 0 v -Se ILA � r )+0"4'j ��.-� Crab n e,1 C�a�•cQ►�,m�,�4 pe�m�-� �"� 53Z Dl c �-an ca • 6-Rancl -`Meeting =03n I3 .� TOWN OF CORTLANDVILLE PLANNING BOARD Minutes. of Regular Meeting - Tuesday, 23 February 2010 - 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, Joan E. Fitch, Board Secretary Nicholas Renzi John Folmer, Town Attorney Elizabeth Ambrose James Bugh Applicants & Public Present Bernard Heath, Rev. -Matthew Smith & Attorney Wm. J. Pomeroy rep Faith Baptist Church, Applicant; Attorney Kelly Pronti rep Walmart, Applicant. II REGULAR MEETING The Regular Meeting of the Town of Cortlandvine Planning Board was called to order by Chairperson Katherine Wickwire at 7:30 p.m. OLD BUSINESS APD Eneineerine, Applicant/Wal-Mart Stores East. Reputed Owner - NYS Route 13 (New. Walmart Site) - So. Cortland - TM #105.00-01-22.211 - Revised Landscape Plan (Treed Chair Wickwire recognized Attorney Pronti, representing Walmart who, through APD Engineering, was seeking approval to revise their landscape plan pertaining to the trees specified thereon. In. a letter dated 2/22/ 10, Todd Markevicz, Project Engineer, reported that the 27 previously specified Golden Rain. Trees are not available at local nurseries. Therefore, the landscape architect has recommended substituting Red Maples to be planted at the same locations and sizes as on the originally approved landscape plan. Attorney Pronti had prepared and submitted to Town -Attorney Folmer a Resolution regarding "Approval of Amended Site Plan." With no - further discussion, a motion was made by Member Chris Newell to adopt the resolution pertaining to the tree substitution as prepared by Attorney Kelly Pronti. The motion was seconded by Member Nick Renzi, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #3 of 2010. NEW BUSINESS Jeanne M. Underwood, Applicant/Jeanne M. Underwood & Richard Stouehton, Reputed Owners - NYS Route 13 - TM #77.13-01-06.000 - Lot Line Adiustment Chair Wickwire recognized Attorney Bill Pomeroy, representing the Faith Baptist Church who was seeking approval to add this 7.39± acre parcel to their adjoining lands on the south (TM #77.17- 01-02.000),--as 77.17- 01-02.000),-as indicated on a copy of a survey map which accompanied the application. PZO Page 1 of 4 M APR U 2010 (T) Cortlandville Planning Board Regular Meeting Minutes 23 February 2010 Bruce Weber explained that this was considered a Lot Line Adjustment as no new parcel was being created. With no further discussion, a motion was made by Member Newell to approve the lot line adjustment, as requested. The motion was seconded by Member Renzi, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #4 of 2010. OLD BUSINESS (CONT'DI E. Douglas Clark dba Doug's Powersvorts Unlimited. Avvlicant/E. Douglas Clark. Renuted Owner - 4019-4025 NYS Route 281 (West Road) - TM #s 86.09-01-24.000 & 25.000 - Non - Conformance w/Original Permit (9/2000) & Conditional Permit for Radio -Controlled Race Car Track Note: At last month's meeting, Member Renzi advised the applicant to come back before the Board this month with a Site Plan to show what he will be doing, with all items located to scale; something the Board can work with. Chair Wickwire noted that a letter had been received from Mr. Clark (not dated) advising the Board that he "will be attending the 2011 Ski Doo dealer meeting in ... Florida" and would be unable to attend this meeting, but he would like to be placed on the agenda for the March meeting. Member Renzi recapped what had gone on with this applicant since September of 2000. He read aloud the list of requirements in the Board's action of December 2009. PZO Weber stated that the Conditional Permit approved in 2000 was for a warehouse in the back and no outside storage where it is presently located; this means he is not in conformance with the original Conditional Permit. Further, as stated by PZO Weber, "In regard to coming back to the Planning Board at this time and bringing the property into compliance with today's regulations, I believe that's what he's attempting to do, and that's up to the Planning Board to discuss with him the criteria for the outside storage; if you're going to approve it, under what conditions you would approve it because it was not on his original Site Plan, so he's not in conformance with the original Site Plan approval." Member Elizabeth Ambrose asked about other Town businesses that do almost the same thing (outside storage), such as TSC, CNY PowerSports, etc. Member Renzi mentioned that some businesses were under the old Code. Chair Wickwire commented that the Board could seta limit, require a fence, etc. In addition, the applicant also wants a Conditional Permit for the radio -controlled race car track. PZO Weber offered to contact Mr. Clark so that when he returns before this Board in March he should be prepared with a sketch plan showing a proposed fence, plus a proposed limit on the number of crates, and also a response to the Board's question about his purchasing additional property from his neighbor to solve the storage problem. Members Renzi and Bugh were in favor of no outside storage, and Members Newell, Ambrose, and Chair /Wickwire were in favor of a fence with limitations. PZO Weber stated that, typically, a residential fence is six feet tall, but in a commercial setting having a fence eight feet tall may not be that unusual. At the conclusion of a very lengthy discussion, a motion was made by Member Newell that it is the Planning Board's intention to have PZO Weber discuss with the applicant (1) the Page 2 of 4 o(42 "APR 26 2010 07 (T) Cortlandville Planning Board Regular Meeting Minutes 23 February 2010 presentation of a plan showing a proposed fence, (2) a limitation on the number of crates, and (3) the option of purchasing additional property. The motion was seconded by Member Ambrose, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #5 of 2010. OTHER MATTERS ✓ In response to Member Renzi's memo to Chair Wickwire dated 26 January 2010 regarding Kost Tire, PZO Weber advised the Board that he had met with a representative, and the fence "will come about 48 to 50 feet to the south of where the pole is now." Loose batteries are now stored in containers, and the tires stored outside have been taken care of. ✓ Regarding David Narby's business on Tompkins Street, PZO Weber reported that there is one building (Amish type, which Mr. Narby sells) appears to be closer than 15 feet to the road, but. it is reasonable. He has two cars parked on the rear of the lot, one with plates and one without. It's allowed to have, per family, two unlicensed, uninspected vehicles; since he lives there, he is in conformance. ✓ Regarding Walgreen's, PZO Weber reported he was supposed to receive a remediation plan by the close of business today, but he has not received it. He will request an update via email to Mike on 1/27. Once received, Bruce, Pat Reidy, and Nick will review it; then a meeting will be set up. Any delay beyond the scheduled time will put Walgreen's in jeopardy and in violation. James Trasher indicated to Bruce that they decided to put together a plan as to how it should be done—not necessarily how the contractor wanted it to be done. ✓ Regarding Changes In Use: PZO Weber stated that the regulations in place allow the zoning officer to look at this and decide if it should come before the Planning Board. When the zoning was revised, someone put in incorrect wording that stated "you shall apply for a Conditional Permit if you have a change in use." To date, when there have been certain changes in use, PZO Weber has made a determination as to whether that change was similar in use to what was there, and he gave examples. Member Renzi asked how the Board would know when there's a change in use. CEO Tom Williams, as a result of a discussion with Member Renzi, came up with a form which PZO Weber felt was redundant. Bruce stated he coordinates with Tom regarding this. He also asked the Board if it was the Planning Board's desire that any change in use is something they want to see. The Board felt that what was being done was satisfactory. ✓ Regarding three paragraphs in the Code under B1, B2, and B3, it was felt that they are redundant and should be removed. Other revisions suggested were: (1) 178.127 should remain as is, (2)178-30B in B 1 should be removed, (3) under B2, delete 178-36.1B, and (4) under B-3, delete 178-36.8B. Town Attorney Folmer commented that he was not going to ask the Town Board to adopt a Local Law to accomplish these deletions; it could wait until a later time. ✓ Regarding Conditional Permits and how/when they will be reviewed. Utilizing Member Renzi's chart, it was felt that a six-month review was sufficient. PZO Weber will have a "pending review" list. PZO Weber stated that perhaps a running list could be placed on each month's agenda. Attorney Folmer added that if the Board was going to do this, every Page 3 of 4 (T) Cortlandville Planning Board Regular Meeting Minutes 23 February 2010 Conditional Permit that is issued should be on a pending review list. He was concerned about not treating everyone the same exact way. ✓ Regarding Agendas: Member Renzi stated he would like to think that revery Planning - Board member had the prerogative to place an item on the Agenda. PZO Weber responded, "if any member wants something on the Agenda, they inform all the other members what their request is so everybody's aware." "Discussion" was on this Agenda because there .were many items to discuss. Attorney Folmer advised that the purpose of an Agenda is to give Board members a "heads up." The Chair, he stated, is responsible for establishing the Agenda. If there are reasons why something should not be on the Agenda, or should not be discussed, then it's up to the Chair to make that decision and say why. Chair Wickwire said she was fine with having other Board members contacting her regarding adding items to the Agenda, but she wanted everyone to agree how it would be done. Member Renzi asked if the process should 'be: "If you have any agenda items for discussion, direct them to Kathy who will inform everyone else and. discuss it with PZO Weber." ✓ Town Attorney Folmer reminded the Board members: "PZO Weber is your zoning and planning contact. Tom Williams is not, and very rarely should this Board have any reason to discuss things with Tom because it is not his bailiwick; he's the Building Code guy.,; ✓ Chair Wickwire stated she would like to have a "Discussion" session at the end of every meeting. ✓ Member Renzi reported he will be attending a training session in Syracuse. ✓ PZO Weber informed Board members that the Planning Federation _will .be having .a training courses for municipal officials and members. The Town is a member and four hours of training can be obtained by contacting NYPF.org. ✓ Chair Wickwire announced that the Town is working on, hydrofracking (short for hydraulic fracturing re .drilling of natural gas wells. in the Marcellus shale). Attorney Folmer reported that a County -wide group had taken over this matter; they will be holding a meeting that some Town Board members will attend. ADJOURNMENT At 9 p.m., a motion to adjourn the meeting was made by Member Newell, seconded by Member Renzi, with all members present voting in the affirmative. Joan E. tch Planning Board Secretary Page 4 of 4 E-mailed to Town & KW, JB, GW, CN, EA on 4/23/ 10; orig. delivered. ATTENDANCE SHEET t(T)-C—OR—TVANDVILLE7 PLANNING BOARD MEETING OF,9-- 23 165 (Your attendance is recorded in the meeting Minutes.) -RRINITEI3� Name: Regarding: Complete Address: � M �, iOMGI•M �'��11n .��. IS'�" 1.��(c I^ (� n�nnPtl�� S � .l,�fi�R,I�O.N� 1.3DLf�, d Iy 4) rO k�. NIG l W0►k FW / 2PW a 6- /4,`'1, FX" /--?, V `PI�Ai1TNING BOARD_Mee�in Onl 10 APR 2 6 2010 TOWN OF CORTLANDVILLE PLANNING BOARD Minutes of Regular Meeting - Tuesday, 30 March 2010 - 7:30 PM Town Hall Board Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) \ Katherine Wickwire,, Chairperson Christopher Newell Nicholas Renzi Elizabeth Ambrose James Bugh Others Present Bruce Weber, Town Planning/Zoning Officer Joan E: Fitch, Board Secretary John Folmer, Town Attorney Avolicants & Public Present Marcus Bernardo & Attorney Victoria Monty re Walden Oaks Country Club, RO; Douglas Clark, Applicant; Don Niver, of Suit-Kote -Corp., Applicant; Dan & Christine Horn, Applicants; Patrick Reidy of Cortland Co. Soil & Water. �I REGULAR MEETING I� The Regular Meeting of the Town of Cortlandville Planning Board was called to order by Chairperson Katherine Wickwire at 7:30 p.m. APPROVAL OF MINUTES — 10/27, 12/1 & 12/29/09 A motion -was' made by Member Chris Newell to approve the Minutes of the 27 October, 1 December, and 29 December 2009 Planning Board Minutes, as submitted. The motion was seconded by Member Nick Renzi, with the vote recorded as follows: Ayes:. Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh ,Member Ambrose Motion carried. This becomes, Action #6 of 2010. PRESENTATION Stormwater Regulations by Patrick Reidv. Water Oualitv Svecialist Chair Wickwire recognized Mr. Reidy of Cortland County Soil & Water District who was invited by the Board to bring them up to date on the proposed "2010 Changes to the NYS General Construction Permit for Stormwater Discharges." Slides were displayed on 'a screen which covered: Major Permit Revision (only -one), Other Permit Revisions (Subcategories: Duty to Provide .Information, Keeping the SWPPP Current, MS4 Notification of SWPPP Amendments, SWPPP Preparation in Conformance w/Updated Design Manual, Qualified Inspector, Final Site Inspection by MS4, and Trained Contractor). He .also reviewed Updates to the Stormwater Design Manual, ' and concluded with the "5 -Step Design. Process." Board members asked questions and received answers. A handout of the presentation outline was provided by Mr. Reidy. He stated that these revisions would become effective six months after it is accepted—maybe in November. The Board thanked Mr. Reidy for an informative presentation. Page 1 of 5 APR 2 6 2010 l! (T) Cortlandville Planning Board Regular Meeting Minutes 30 March 2010 ULD BUSINESS David McNeil dba McNeil Development Co., LLC. Applicant/Reputed Owner - 4038 NYS Route 281 (West Road) - TM #86.09-01-39.000 - Revised Landscaping Plan Chair Wickwire recognized David McNeil who was seeking approval of a Revised Landscaping Plan for the new Family Health Network building under construction on this site. He stated the plantings had been changed because those that were approved previously were very attractive to deer; plantings now to be used are considered "less palatable to deer." He stated that because of snow plowing he would also like to change the lawn area behind the building to place landscape fabric with stone on top as any plants there would be crushed by snow. They also would like to remove the plants along Crestwood Court as it was felt that the plants would not survive under the crushing of the snow caused by plowing. Chair Wickwire asked if there was any consideration given for Crestwood Court, similar to what Hage Real Estate does on their Route 281 business; PZO Weber suggested some annual plantings. Mr. McNeil said this could be done. However, he will not be doing the landscaping; it will be done by the tenant, Family Health Network. Chair Wickwire commented that it should be something that looks "very nice." At the conclusion of a lengthy discussion, a motion was made by Member Newell to approve the Revised Landscaping. Plan for the proposed medical center, as requested, and with the landscape stone by the evergreen trees, and a request that the applicant consider putting appropriate plantings in the buffer strip along Crestwood Court. The motion was seconded by Member Renzi, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #7 of 2010. E. Douglas Clark dba. Doug's Powersports Unlimited, Applicant/E. Douglas Clark, Reputed Owner - 4019-4025 NYS Route 281 (West Road) - TM #s 86.09-01-24.000 & 25.000 - Non - Conformance w/Original Conditional Permit (9/2000) & Conditional Permit for Radio - Controlled Race Car Track - Cont'd. Note: At the January meeting, Member Renzi advised the applicant to come back before the Board in February with a Site Plan to show what he will be doing, with all items located to scale; something the Board can work with. Chair Wickwire noted at the February meeting that a letter had been received from Mr. Clark (not dated) advising the Board that he "will be attending the 2011 Ski Doo dealer meeting in ... Florida" and would be .unable to attend that meeting, but he would like to be placed on the agenda for this meeting. Reference is made to those Minutes for "the rest of the story." Chair Wickwire recognized Mr. Clark and informed him that the Board had received his 23 March 2010 letter, a copy of which has been placed -on file for the record. The letter advised the Board that, although he did not consider it practical, he still had the original 5 -ft. high chain-link fence, 40 ft. by 100 ft., which he could install to enclose the crates. The letter also spoke to a dealer's requirements that he must meet. He also noted in the letter that he had obtained the requested chicken BBQ permit previously, but his request for a Conditional Permit for a proposed radio - controlled race car track had not been considered yet; he requested a "ruling in this matter." Chair Wickwire commented that she felt there was some confusion here; the whole problem surfaced with the applicant applied for a Conditional Permit to install an RC race car track where Page 2 of 5 (T) Cortlandville Planning Board Regular Meeting Minutes .30 March 2010 he was given a Conditional Permit (September 2000) to construct a warehouse to be .used for ! storage (with no outside storage allowed). Since this warehouse was never constructed and there is currently- outside storage, the applicant is not in conformance with that Conditional Permit. The Board previously agreed that this matter needed to be resolved in order to proceed with consideration of the track application. Mr. Clark responded that the 2000 Conditional Permit was conditioned upon his obtaining additional land. PZO Weber disagreed and stated that this was NOT in the contingency. The fencing in of the crates (new product), he felt, would in no way contain them; they would be visible over any standard fence. He also needed ample room for a tractor trailer to provide deliveries. Chair Wickwire suggested .putting the crates behind a row of arbor vitae to conceal them from the road. PZO Weber asked Mr. Clark to try to have a plan that defines the areas. The Board then looked over the map and aerial' photo supplied by the applicant. Member Ambrose felt the planting of arbor vitae would look better than a chain-link fence. Chair Wickwire advised the applicant to come back with a, plan for the plantings; Member Renzi added it should indicate, location, spacing, and height, suggesting a height of from 6 to'8 feet. The plan should be drawn to scale. Mr. Clark stated he thought there was a storm drain "over there" so he will have to be careful with any plantings. Member Renzi also advised the applicant that he should "straighten out" .the use of each of the properties (his and adjacent Time Buyer Auto). Chair Wickwire acknowledged receipt of a 3/30/ 10 letter from Robert J. Natoli, RO, of 4033 NYS Route 281, the.adjacent property, stating that he is "not interested in any land swap/exchange, right of way, easement or sale at this point in time." At the conclusion of the discussion, a motion was made by Member Renzi to postpone continue discussion on the previously issued Conditional Permit until the next meeting of the (T) Cortlandville Planning Bord on 27 April 2010. The motion was seconded by Member Newell, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #8 of 2010. E. Doualas Clark dba Doug's Powersuorts Unlimited.' Aunlicant/E. Douglas Clark. Reimted Owner - 4019-4025 NYS Route 281 (West Road) - TM #s 86.09-01-24.000 & 25.000 - Conditional Permit for Radio -Controlled Race Car Track With no discussion, a motion was made by Member Newell to forward a Conditional Permit request for a radio -controlled race car track to the Cortland County Department of Planning for their review. The motion was seconded by Member Renzi, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell . Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #9 of 2010. Page 3 of 5 �a -APR 2 6 2010 (T) Cortlandville Planning Board Regular Meeting Minutes 30 March 2010 NEW BUSINESS Scott Walter. Auulicant/Reputed Owner - 4367. NYS Route 281 - TM #76.14-01-59.00 - Subdivision. Site Plan Review & Aquifer Protection District Special Permit Applications Chair Wickwire acknowledged for the record that the applicant required the granting of a variance by the Zoning Board of Appeals before these applications could be considered. A variance was not granted due to the .fact that the applicant, or his representative, failed to appear before the ZBA to answer questions; they will consider this appeal at their April meeting. No Action Taken Suit-Kote Coruoration. Applicant/Reuuted Owner - 3779 US Route 11 (Polkville) - TM #97.00-01-31.000 - Conditional Permit - Proposed Storaee Building Chair Wickwire recognized Don Niver, representing the applicant who was seeking a Conditional Permit to construct a 2268 SF garage -style building on this site as indicated on the drawing accompanying the application. The proposed building is needed to house two gas-fired steam boilers and related equipment, all as described in the 25 February 2010 narrative also accompanying the application. The color of the building will be white/green to match the other existing building on the site. There will be no change in the processes on this site. At the conclusion of a brief discussion, a motion was made by Member Renzi to approve the Conditional Permit for the proposed 2268 SF building to house two gas-fired steam boilers and related equipment, as requested. The motion was seconded by Member Elizabeth Ambrose, with the vote recorded as follows: , Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #10 of 2010. Pomerov. Armstrone. Casullo & Monty. LLP. Applicant/Walden Oaks Country Club, Inc., Reuuted Owner - Walden Oaks Blvd. - TM #96.00-06-02.000 - Subdivision - Chair Wickwire recognized the Club's General Manager, Marcus Bernardo, and their Attorney, Victoria Monty, who explained to those present that they were seeking approval to subdivide this parcel of land as shown on the sketch accompanying the application. The Club wishes to sell its current maintenance facility as a single-family residence; Mr. , Bernardo stated that the maintenance building is no longer necessary for the operation of the golf course. It is noted for the record that the Zoning Board of Appeals had, at its meeting directly before this one, granted% a variance for a rear yard setback less than allowed; this was required before Planning Board consideration of the' subdivision. After a brief discussion, a motion was made by Member Newell to approve the subdivision of land, as requested. The motion was seconded by Member Renzi, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None' Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #11 of 2010. Page 4 of 5 X13 APR 2 b 2010 (T) Cortlandville Planning Board Regular Meeting Minutes 30 March 2010 Daniel & Christine Horn. Applicants/ Reputed Owners - 920 Blue Creek Road - TM #85.00- 08-16.000 - Site Plan - New Construction Chair Wickwire recognized the applicants who were seeking approval to construct a new home, garage/ workshop, and single -bedroom "in-law" apartment on the subject parcel, as described in the detailed narrative and- shown on the map accompanying the application. In response to the Board's question, Mr. Horn stated they planned to start construction this summer. With no further discussion, a motion was made by Member Newell to approve the Site Plan for construction of a new home, garage/workshop, and one -bedroom in-law apartment, as requested. The motion was seconded by Member Renzi, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #12 of 2010. OTHER MATTERS ✓ Regarding Windmills & Hydrofracking: The Board asked if the Town hould have some type of regulations for both windmills and hydrofracking (hydraulic fracturing for retrieving natural gas from Marcellus shale). PZO Weber stated, regarding windmills, the original intent was for commercial windmills, and there appears to be differences of opinion with what is being done. Town Attorney Folmer stated he had a copy of the hydrofracking ordinance that Virgil adopted, -and he will provide Board members with a copy. He felt there needed to be -more done on these regulations. Any regulations pertaining to these two entities should be uniform throughout the County. PZO Weber mentioned the creation of a Critical. Environmental Area to protect the Town. A Wind Regulation Committee has been formed regarding the TCI Project. After quite a lengthy discussion, the Board felt that PZO Weber should write to County Planning Director. Dan Dineen about what's going on with commercial windmills. On the advice of Town Attorney Folmer, a motion was made by Member Renzi that the Cortlandville Planning Board requests PZO- Weber to write a letter to County Planning Director Dan Dineen regarding windmills. The motion was seconded by Member Newell, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #13 of 2010. ADJOURNMENT At 9:15 p.m., a motion to adjourn the meeting was made by Member Newell, seconded by Member Ambrose, with all memberspresent voting in the affirmative. Joa . Fitch —� Plan`hmg Board Secretary Page 5 of 5 E-mailed to Tonin & KW, JB, GW, CN, EA on 4/23/ 10; orig. delivered. !1� APR 2 6 2010 ATTENDANCE SHEET • ( N OF�11:?C, J6 T)U�RT ILLF-_) PLANNING ®PARD MEETING (Your attendance is recorded in the meeting Minutes.) �,PRINT]q> Name: Regardihg: Complete Address: AICl (711KA raiul.) P6tpl� �L V 6 o Iv— f 00 I v!- - "e (cr - I Cw, /V CWA r A Im co F--\ � A.Cd ee L PC\3 C-1 0,e JA -1 ;flTY--) /1 )121 15 AI 41) 10 PLANNING BOARD Meeting Only J U N 17 2010 TOWN OF CORTLANDVILLE PLANNING BOARD Minutes of Regular Meeting - Tuesday, 27 April 2010 - 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 Joan E. Fitch, Board Secretary Nicholas Renzi John Folmer, Town Attorney Elizabeth Ambrose James Bugh Applicants & Public Present Shawn Malchak, Applicant; Steve & Patricia Jordan, Applicants. II REGULAR MEETING 11 The Regular Meeting of the Town of Cortlandville Planning Board was called to order by Chairperson Katherine Wickwire at 7:30 p.m. APPROVAL OF MINUTES — 1/26, 2/23 & 3/30/10 A motion was made by Member Nick Renzi to approve the Minutes of the 26 January, 23 February, and 30 March -2010 Planning Board Minutes, as submitted. The motion was seconded by Member Chris Newell, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Absent: Member Ambrose Motion carried. This becomes Action #14 of 2010. (Note: Member Ambrose arrived just after the vote.) NEW BUSINESS Shawn Malchak. Applicant/Jerrv. Steve &_ Shawn Malchak, Reputed Owners - 3600 NYS Route 281 - TM #95.12-01-21.000 - Conditional Permit for Outdoor Sales (Mini LoEr Cabint Chair Wickwire recognized Mr. Malchak who was seeking a Conditional Permit to allow him to display a mini log cabin on the southernmost side of his used car lot; the 18 ft. by 24 ft. unit which is on wheels will be used as a sales display, with all setbacks set by the Planning Board to be met. The sales office will be located in the used car lot next door. When asked by Member Renzi if here would be a sign, the applicant responded "maybe a banner." PZO Bruce Weber advised the applicant that he would need a permit for the sign. Page 1 of 4 JUN 17 2010 (T) Cortlandville Planning Board Regular Meeting Minutes 27 April 2010 After a brief discussion of setbacks, a motion was made by Member Renzi to approve the Conditional Permit for a log cabin to be displayed' for sale, as requested, with setback distances to be 20 feet from the road and 20 feet from the property line. The motion was seconded by Member Jim Bugh, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #15 of 2010., Patricia C. & Stephen K. Jordan, Applicants/Reputed Owners Idba Shipwreck Golfl - 759 NYS Route 13 - TM #105.00-01-30.200 - Conditional & Aquifer Protection District Special, Permits Chair Wickwire recognized the Jordans who were seeking the above permits to enclose one of their two existing miniature golf courses with a 222 ft. by 54 ft. building, and to pave their existing gravel parking area. The Jordans displayed a drawing to the Board and indicated the building will allow year-round use instead of just through the summer months. Finger Lakes Construction will provide the building. PZO Weber stated that the Jordans had pulled their previous application before it went to County Planning or the Town Board, as required. This time, they stated, they would like to have the building erected sometime in August. There is plenty of parking, and the - business will be closed by 9 p.m. in the winter, except for 11 p.m. closing on weekends. The building will be matched with their existing one (as close as they can) with a green roof and brown walls to match. Mr. Jordan stated they plan to use their current septic system, but expect to hook up to the Town's public water supply which is about to be installed in front of their property—currently there is sufficient water from their well; this has been discussed, he said, with Pat Reidy of County Soil & Water, and with the County Health Department who both have said there should be no problem. In response to Member Renzi's question, Mrs. Jordan stated that there will be two new traffic lights installed on Route 13 which should slow down the traffic. Chair Wickwire asked about their Stormwater Plan, and PZO Weber responded that their present plan is sufficient for this project. Roof runoff will go into the catch basin at the rear of the facility; their engineers are still working on this. At the close of the discussion, a motion was made by Member Newell to forward the Conditional Permit and Aquifer Protection District Special Permit applications to the Cortland County Planning Department for their review. The motion was seconded by Member Renzi, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #16 of 2010. Page 2 of 4 12 JUN 17 2010 1 (T) Cortlandville Planning Board Regular Meeting Minutes 27 April 2010 OLD BUSINESS E. Douglas Clark dba Doug's Powersvorts Unlimited, Avulicant/E. Douglas Clark. Reputed Owner - 4019-4025 NYS Route 281 (West Road) - TM #s 86.09-01-24.000 & 25.000 - Non - Conformance w/Original Conditional Permit (9/2000) & Conditional Permit for Radio - Controlled Race Car Track - Cont'd. Note: At the January meeting, Member Renzi advised the applicant to come back before the Board in February with a Site Plan to show what he will be doing, with all items located to scale; something the Board can work with. Then, at the February meeting, a letter had been received from Mr. Clark (not dated) advising the Board that he "will be attending the 2011 Ski Doo dealer meeting in . . . Florida" and would be unable to attend that meeting, but he would like to be placed on the agenda for the March meeting, at which he was present. Reference is made to those Minutes for "the rest of the story." Although on the Agenda for this meeting, Mr. Clark failed to appear with the information requested at the March meeting. PZO Weber suggested that Chair Wickwire speak with Mr. Clark and advise him that he needs to come to the next Planning Board meeting and, if he does not, the Planning Boad may consider revoking his Conditional Permit in regard to non-compliance with it, which the Board has the right to do. PZO Weber continued: He should tell us what he wants to do; does he want to come in and work with us or, if not, the Board is forced into a corner. The outdoor storage he presently uses is not permitted. He should come with a plan to do the plantings, as discussed, and if he doesn't want to do that, then remove the boxes from the property. The neighbor could also be charged with a violation too as it has become apparent that the applicant is also utilizing the neighbor's property. Town Attorney Folmer stated that the original Permit in place was issued to conduct business there, and there was no outside storage shown on that plan. He is in non-compliance with his original Permit because he has outside storage. The Planning Board can revoke the original Permit. Member Renzi felt that what is expected should be in writing. In closing, Chair Wickwire stated, "we need to know why he didn't show up. Maybe there's a reason." No Action Taken. OTHER MATTERS ✓ Chair Wickwire stated she had attended a two-hour presentation given by the Susquehanna River Basin on hydrofacturing which was very good. She has their card if anyone is interested. ✓ Member Renzi thought Cortlandville should be able to "get protection here" for the sole source aquifer. Onondaga County area and Catskills have it, so Cortlandville should receive some sort of protection. At the Town Board meeting tomorrow night at 5 p.m., a presentation on this will be given. Town Attorney Folmer commented that he did not know "how much we can regulate." ✓ A proposed local law regarding commercial windmills will be referred to the Planning Board by the Town Board, according to Attorney Folmer. ✓ Attorney Folmer answered questions posed by the Planning Board members regarding what the Town can protect and regulate. Page 3 of 4 i r ,JUN 17 2010 (T) Cortlandville Planning Board Regular Meeting Minutes 27 April 2010 ADJOURNMENT At 8:15 p.m., a motion to adjourn the meeting was made by Member Newell, seconded by Member Renzi, with all members present voting in the affirmative. Joa�)Iilch Planning Board Secretary Page 4 of 4 E-mailed to Town & KW, JB, GW, CN, EA on 6/ 16/ 10; orig. delivered. CR JUN 17 2010 ATTENDANCE SHEET (T) CORTLANDVILLE PLANNING BOARD MEETING OF (Your attendance is recorded in the meeting Minutes.) PRINTE Name: Regarding: Complete Address: b /VA /C./I el k C ly PLANNINO"BOAllI -°N ee ung On JUN 2 5 2919 TOWN OF CORTLANDVILLE PLANNING BOARD Minutes of Regular Meeting - Tuesday, 25 May 2010 - 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 Joan E. Fitch, Board Secretary Nicholas Renzi John Folmer, Town Attorney Elizabeth Ambrose James Bugh Applicants & Public Present E. Douglas Clark, Applicant; Steve & Patricia Jordan, Applicants; Morris Rosen, Applicant; Attorney John DeVecchio, rep DelVecchio Family & Gerrad Properties, LLC, Applicants; Kevin Rosen, John DelVecchio (attorney's father). REGULAR MEETING The Regular Meeting of the Town of Cortlandville Planning Board was called to order by Chairperson Katherine Wickwire at 7:37 p.m. ULD BUSINESS E. Douglas Clark dba Doua's Powersports Unlimited. Applicant/E. Doualas Clark. Renuted Owner - 4019-4025 NYS Route 281 (West Road) - TM #s 86.09-01-24.000 & 25.000 - Non - Conformance w/Oriainal Conditional Permit (9/2000) & Conditional Permit for Radio - Controlled Race Car Track - Cont'd. Note: At the January meeting, Member Renzi advised the applicant to come back before the Board in February with a Site Plan to show what he will be doing, with all items located to scale; something the Board can work with. Then, at the February meeting, a letter had been received from Mr. Clark (not dated) advising the Board that he "will be attending the 2011 Ski Doo dealer meeting in . . . Florida" and would be unable to attend that meeting, but he would like to be placed on the agenda for the March meeting, at which he was present. Any action was postponed at the March meeting until the April meeting, at which time the applicant failed to appear. The applications were then postponed until this meeting. (Reference is made to the Planning Board's Minutes of January, February, March, and April 2010 for details.) Chair Wickwire recognized the applicant who stated he had discussed the arbor vitaes, road widening, etc., with CEO Weber. Mr. Clark was not sure how much of his front property he will be losing. Some string lines were laid out, he said, and they talked about a fence, but it would still be difficult to "get things in there" with a fork lift. When snowmobile trailers come in (in the fall), they've been kept behind the crates out of sight. If he can't do that, then everything has to come out to the front. Mr. Clark stated he had received the County Planning Board's report regarding his application for a racetrack for radio -controlled cars. Chair Wickwire asked if he had contacted a lawyer, and he responded that he did; the attorney, he said, advised him what he thought his rights were. Chair Wickwire commented that the only options he had, if he was not going to do anything about the storage, was to submit a revised Conditional Permit Application, or the Planning Board will have to say that he is not in compliance with his original Conditional Permit. Mr. Clark then asked if his original permit said anything anywhere that he could not have storage of crates in that area? PZO Weber explained that the original Site Plan submitted to the Board did not show any outside storage; if it had been shown, the Planning Board would have considered that. "Since you did not, Page 1 of 5 WA JUN 2 5 2010 (T) Cortlandville Planning Board Regular Meeting Minutes 25 May 2010 and are now using outside storage, that changes—that's in addition to what you had requested. The Board reacts to what you request," stated PZO Weber. Mr. Clark claimed that at no time did he ever intend to have all his crates housed inside the proposed warehouse. The warehouse was never constructed, nor was adjacent land obtained. Member Nick Renzi read aloud from this Board's Minutes of 26 September 2000, which stated that Mr. Clark was in the process of constructing a pole -barn type structure to be used for storage. He also would be leasing one-half of the new 50 ft. by 100 ft. building to David Narby, but he would use the other half for storage of his new -crated equipment. Mr. Clark stated, "If you did the math, there's no way that I can" store everything. He added that he has cleaned up all the stuff that the Board had requested. He got rid of the unsightliness of the track, as requested. He stated he did not know what else he had to offer "as far as in the front." Chair Wickwire stated the he should stop the adjacent business from parking his cars on Mr. Clark's property; he's not allowed to do that. Then, he needs to revise his Conditional Permit to have his storage where he wants it; this has to be done on a map, complete with all measurements and locations, to scale. Town Attorney Folmer advised the choices are: (1) make an application for a revised Conditional Permit to deal with the outside storage, or (2) based on the Minutes that Member Renzi read and that PZO Weber has pointed out regarding the Site Plan, the applicant is in violation of his Conditional Permit and Mr. Clark's permit can be revoked if the Board so chooses. Chair Wickwire added that there have been no complaints about this business. Again, she stated, the only option is to apply for a revised permit. PZO Weber stated that the applicant has applied for a Conditional Permit for a racetrack. He further stated that it was his opinion that "If the Board so wishes, you could allow him to expand on that application to include revising the whole property so that you would have the race track, the outside storage, whatever you want with that property. . ." It's up to the Planning Board. Board Member Chris Newell thought this was a good idea, as did Member Elizabeth Ambrose. Member Renzi stated there were two separate issues (storage and the race car track) and that the applicant has been in violation for ten years. The Board could ask the Town Attorney to start some action that revokes the Conditional Permit granted in September 2000 for non-compliance. Town Attorney Folmer advised that there was no reason why the application presently before the Board could not be amended to include a plan for the entire property. He added that this matter has been "festering" for a long time, but the only issue is "is there or is there not a violation of the Conditional Permit that was granted in the year 2000? Yes, there is, based on the Minutes and the Site Plan. So my suggestion would be this: if Mr. Clark wishes to amend his application to include a plan for the entire property, give him an opportunity to do that at your next meeting, with appropriate documentation, with the understanding that if such an application is not made, then you will direct me to act in regard to the violation." The applicant, Mr. Clark, stated that he would like to do that and he will consult PZO Weber to see what he needed to do. PZO Weber then asked Mr. Clark if he understood what the Planning Board was asking him to do, and he stated that he did. PZO Weber reiterated to Mr. Clark that he needs to come up "with a complete plan for the whole parcel, complete—everything will be shown on that Site Plan." Also, he stated, there are cars stored on his property that belong to someone else, and this needs to be addressed also. The Site Plan needs to show everything that's on the subject parcel. Member Renzi clarified that the plan referred to by PZO Weber is a "formal plan" and he recommended that the applicant refer to the County Planning Board's report and make sure all of their recommendations are included on that plan. Define the storage in terms of the maximum number of boxes, how wide, how high, and where located. Layout everything. Make sure that what is shown is on the applicant's property. Member Renzi then added, "Do not put any vehicles that you want to sell before the sign that's on your property." Town Attorney Folmer advised the Board that they needed to make it very clear what exactly is going to happen if the applicant fails to comply with the Board's wishes. By the next Planning Page 2 of 5 M. JUN 25 2010 Z (T) Cortlandville Planning Board Regular Meeting Minutes 25 May 2010 Board meeting on 29 June, the Board needs to have an amended Conditional Permit application, �.j with a submittal deadline of the Tuesday before the meeting (22 June 2010). At the conclusion of this lengthy discussion, a motion was made by Member Newell to postpone any action on this matter until the 29 June 2010 meeting, with the requested information to be submitted to PZO Weber the Tuesday before the scheduled meeting; PZO Weber is to inform Town Attorney John Folmer if an amended application is not received by that Tuesday. The motion was seconded by Member Ambrose, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #17 of 2010. NEw BUSINESS Morris Rosen, Applicant/Reputed Owner - 4312 No. Homer Avenue - TM #s 76.199-01- 19.000 & 43.000 - Conditional Permit & Aquifer Protection District Special Permit for Expanded Recvclinz Facilitv PZO Weber reported that the Zoning Board of Appeals had granted a use variance to expand this recycling facility at its meeting held just before this meeting. Chair Wickwire recognized the applicant who explained how the business will operate and how he needs additional space for storage of empty containers. It is noted for the record that Miller Street Extension was never extended. Regarding the consolidation of the two properties, PZO Weber advised that it was a requirement that the two properties be combined. Mr. Rosen stated that trucks are in and out two times a day and he explained the proposed traffic flow pattern to the Board, coming off from US Route 11. Operating hours will be from 8 a.m. to 3 p.m., and they have no problems with their neighbors. Chair Wickwire acknowledged receipt of the Cortland County Planning Department/ Board's report regarding the proposed facility, dated 14 & 19 May 2010 respectively. The County recommended approval of the project contingent upon five items. A copy of these reports has been placed on file for the record. At the conclusion of the discussion, a motion was made by Member Newell to approve the Conditional Permit for the expanded recycling facility, as requested, incorporating Item Nos. 1 thru 4 of the Cortland County Planning Board's Resolution No. 10-16, dated 19 May 2010, with a recommendation to the Town Board that they issue an Aquifer Protection District Special Permit and act as Lead Agency under SEAR. The motion was seconded by Member Renzi, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #18 of 2010. Page 3 of 5 d�7 JUN 25 2010 (T) Cortlandville Planning Board Regular Meeting Minutes 25 May 2010 DelVecchio Familv. LLC. and Gerrad Properties. LLC. Applicants/Reputed Owners - 1086 NYS Route 13 - TM #96.09-01-58.000 - Lot Line Adiustment Chair Wickwire recognized the applicants' attorney, John DelVecchio, who explained that his clients were seeking a lot line adjustment as marked on a copy of a survey map accompanying the application. The rear portion of the newly created lot, indicated as Lot 73 on the map, is under contract (contingent upon this Board's approval) with Redding -Hunter, Inc., who own property south of this parcel (indicated as Lot 74), with which it will be combined to avoid creating a landlocked parcel. The garage shown on the map will be demolished. If, for any reason, the purchase of this property does not go through,, the contract would be null and void according to Attorney DelVecchio. After completion of the discussion, a motion was made by Member Renzi to approve the Lot Line Adjustment, as requested, contingent upon Lots 73 and 74 being combined by deed description. The motion was seconded by Member Newell, with the vote being recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #19 of 2010. POSTPONEMENTS Patricia C. & Stephen K. Jordan, Applicants/Reputed Owners (dba Shipwreck Golfs 759 NYS Route 13 - TM #105.00-01-30.200 (Conditional & Aquifer Protection Permits) AND Morse Industries. Applicant/ Cortland Bulk Milk, Reputed Owner - 3819 US Route 11S - TM #97.00-01-07.000 (Conditional Permit) Chair Wickwire acknowledged that neither the applicants nor their representatives were present at this meeting. Therefore, a motion was made by Member Renzi that review of the respective applications be postponed until the 29 June 2010 meeting of the Town of Cortlandville Planning Board to allow the applicants or their representatives to be present. The motion was seconded by Member Newell, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #20 of 2010.- Page 010: Page 4 of 5 JUN 25 2010 (T) Cortlandville Planning Board Regular Meeting Minutes 25 May 2010 �} OTHER MATTERS ✓ Member Renzi congratulated PZO Weber for his progress with Gerald Pollack regarding Kost Tire. ✓ PZO Weber reported that he had spoken with HDL Properties' rep this past Monday re Walgreen's requesting that the remaining work be scheduled and completed. Mr. Trasher of Clough Harbour will be sending a letter to PZO Weber affirming that the work they had proposed had been done; the remaining work to be done will be completed by McKenna(sp?) Construction since it was work done incorrectly the first time. Contacts have been unresponsive, he stated, and "we are at the breaking point." ✓ Member Renzi has new DEC regulations regarding onsite inspections. How do they impact us? PZO Weber had not seen them. ADJOURNMENT At 8:35 p.m., a motion to adjourn the meeting was made by Member Newell, seconded by Member Ambrose, with all members present voting in the affirmative. . 4", 4��� JFitch Pla ing Board Secretary Page 5 of 5 E-mailed to Town & KW, JB, GW, CN, EA on 6/ 25/ 10; orig. delivered. M AUG 302010 �) TOWN OF CORTLANDVILLE PLANNING BOARD Minutes of Regular Meeting - Tuesday, 29 June 2010 - 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 Joan E. Fitch, Board Secretary Nicholas Renzi John Folmer, Town Attorney Elizabeth Ambrose James Bugh Applicants & Public Present E. Douglas Clark, Applicant; Steve & Patricia Jordan, Applicants; Tim Morse of Morse Industries, Applicant; Attorney Larry Knickerbocker for Nellie Ransom, Applicant; David Yaman, Applicant; Jim & Bob Lucas for Empire Tractor, Applicant; Town Board Member John Proud-. II REGULAR MEETING 11 The Regular Meeting of the Town of Cortlandville Planning Board was called to order by Chairperson Katherine Wickwire at 7:33 p.m. APPROVAL OF MINUTES — 27 APRIL & 25 MAY 2010 A motion was made by Member Nick Renzi to approve the Minutes of the 27 April and 25 May 2010 Town of Cortlandville Planning Board, as submitted. The motion was seconded by Member Elizabeth Ambrose, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Renzi Member Bugh Absent: Member Newell Member Ambrose Motion carried. This becomes Action #21 of 2010. OTHER BUSINESS Chair Wickwire reminded those Board members present of the upcoming planning and zoning summer workshops that were being offered. OLD BUSINESS E. Douglas Clark dba Doug's Powersvorts Unlimited, Applicant/E. Douglas Clark. Reputed Owner - 4019-4025 NYS Route 281 (West Road) - TM #s 86.09-01-24.000 & 25.000 - Non - Conformance w/Original Conditional Permit (9/2000) & Conditional Permit for Radio - Controlled Race Car Track - Cont'd. Note: At the January meeting, Member Renzi advised the applicant to come back before the Board in February with a Site Plan to show what he will be doing, with all items located to scale; �? something the Board can work with. Then, at the February meeting, a letter had been received from Mr. Clark (not dated) advising the Board that he "will be attending the 2011 Ski Doo dealer Page 1 of 6 PQ AUG 3 0 2010 (T) Cortlandville Planning Board Regular Meeting Minutes 29 June 2010 meeting in ... Florida" and would be unable to attend that meeting, but he would like to be placed on the agenda for the March meeting, at which he was present. Any action was postponed at the March meeting until the April meeting, at which time the applicant failed to appear. At the May meeting, the applicant was requested to provide specific information to the Planning Board prior to this meeting. The applications were then postponed until this meeting. (Reference is made to the Planning Board's Minutes of January, February, March, April and May 2010 for details.) Chair Wickwire recognized Member Renzi who explained some ideas he had for the subject site in addition to what the applicant had already provided. Member Renzi had prepared his comments, typewritten, in the form of a memo to Chair Wickwire, dated 28 June 2010, a copy of which has been placed on file for the record. He stated that he had reviewed all of the items submitted to the Board, and Mr. Clark had addressed some of the things that were previously requested; however, he felt there were a lot of details that still had to be defined, and he explained those areas. He asked Mr. Clark to provide a professional drawing, to scale, that gives the Planning Board all of the information they had requested. Chair Wickwire then advised the applicant to go over Member Renzi's list. Mr. Clark then explained the measurements of each item he sells, e.g. watercraft crates are longer than snowmobile crates, and ATV crates are taller. Member Renzi asked the applicant to define the storage area and what he was going to have in there. A copy of Member Renzi's list was made for Mr. Clark. Member Renzi then reviewed the proposed operating hours for the racetrack; he did not like the Sunday hours. Mr. Clark understood, but stated he was not in a residential area. Parking spaces (10' by 20') were then discussed, including one handicapped space; lay out parking for entire project. Member Renzi added that he was not in favor of stacking the crates three high, and �- everything Mr. Clark proposes to do should be on the drawing. With regard to the proposed racetrack, Chair Wickwire asked about the viewing stand. Mr. Clark referenced the Cortland County Planning Board's requirements. He then added he was not planning to put the driver's stand back up again; but if so, it would be "within the specs." Member Ambrose asked about operation of the track on Sunday evenings; this was not planned. Chair Wickwire asked the applicant to provide what the Board had requested for the next meeting. Member Renzi suggested that Jim McNamara take his original drawing, make the modifications to it, and include a "note" section defining hours of operation, etc., in addition to a revision box. At the conclusion of this extensive discussion, a motion was made by Member Renzi to postpone any action on this matter until the ,27 July 2010 meeting. The motion was seconded by Member Ambrose, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Renzi Member Bugh Absent: Member Newell Member Ambrose Motion carried. This becomes Action #22 of 2010. Page 2 of 6 AUG 302010 (T) Cortlandville Planning Board Regular Meeting Minutes 29 June 2010 Patricia C. & Stephen K. Jordan, Applicants/Reputed Owners (dba Shipwreck Golf) 759 NYS Route 13 - TM #105.00-01-30.200 (Conditional & Aquifer Protection Permits) AND Morse Industries, Applicant/Cortland Bulk Milk, Reputed Owner - 3819 US Route 11S - TM #97.00-01-07.000 (Conditional Permit] Chair Wickwire recognized Mrs. Jordan who, along with her husband, was seeking a Conditional Permit and Aquifer Protection District Permit to enclose their existing miniature golf course with a 222 ft. by 54 ft. Morton -type building and pave the existing gravel parking area. The Board reviewed the Cortland County Planning Board's recommendations. In that regard, she stated that they had also received a variance from the ZBA for their requested sign. Mrs. Jordan stated that their public water and sewer services were ready for hookup. Existing well would be used for the water attractions (pond, fountain, etc.) at the course. In addition, she stated that the backflow preventer has already been installed, and Pat Reidy of County Soil & Water had approved the stormwater management system. At the conclusion of their discussion and review, a motion was made by Member Ambrose to approve the Conditional Permit to enclose the existing miniature golf course with a building, and pave the existing gravel parking area, incorporating Items #1 and #2 of the Cortland County Planning Board's recommendations and Items #1 through #3 of the County Board's notes as contained in their Resolution No. 10-15 dated 19 May 2010. The motion was seconded by Member Jim Bugh, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Renzi Member Bugh Absent: Member Newell Member Ambrose Motion carried. —.1 This becomes Action #23 of 2010. A motion was then made by Member Ambrose to recommend to the Cortlandville Town Board that they issue the requested Aquifer Protection District Special Permit and act as Lead Agency under SEQR for the enclosure of an existing miniature golf course with a building, and pave the existing gravel parking area. The motion was seconded by Member Bugh, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Renzi Member Bugh Absent: Member Newell Member Ambrose Motion carried. This becomes Action #24 of 2010. Morse Industries, Applicant/ Cortland Bulk Milk, Reputed Owner - 3819 US Route 11 So. - TM #97.00-01-07.000 - Conditional Permit Chair Wickwire recognized Tim Morse, owner of Morse Industries, who was seeking a Conditional Permit to display heavy equipment on the subject property; there are some already displayed there. The reputed owner of the property has given permission to the applicant to use the area shown on the sketches/aerial photo accompanying the application. The equipment is displayed for both rental and purchase purposes. There are currently six pieces of equipment on the site, and he would like to have more, no more than a dozen. PZO Weber advised the Board that there was plenty of room to do so. Mr. Morse advised that the employees of Cortland Bulk Milk can answer any questions someone may have and provide contact information. Member Renzi stated that all of the equipment displayed should be in operating condition. Page 3 of 6 ag AUG' 302010. (T) Cortlandville Planning Board Regular Meeting Minutes 29 June 2010 After a brief discussion, a motion was made by Member Renzi to approve the Conditional \ Permit to display a maximum of ten (10) items of heavy equipment that are in operating condition at this location. The motion was seconded by Member Bugh, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Renzi_ Member Bugh Absent: Member Newell Member Ambrose Motion carried. This becomes Action #25 of 2010. Empire Tractor - US Route 11 - Sketch Plan Conference for New Facility on NYS Route 13 Chair Wickwire recognized Bob and Jim Lucas who explained to the Board that they were planning to move their Polkville facility to a new facility (15 employees proposed) and wished to apprise the Board of their plans via a Sketch Plan Conference. They provided a "Proposed Plan," dated 21 June 01, prepared by Paone Architecture, PC of Saratoga Springs, NY, a very large aerial photo of the proposed property (no location provided), along with different elevations, in color, of the building proposed. Chair Wickwire advised that the proposed project had already gone to County Planning for their review; PZO Weber also stated that they had received a use variance from the ZBA back when they purchased the property and it was an allowable .use. They did not wish to invest any money in Site Plans, SWPPP, etc. until they were in a better position to undergo construction. - PZO Weber further explained that he had asked to speak with whoever would be putting the plan together, but did not have an opportunity to do so; "you have what you have." Mr. Bob Lucas thought there was some kind of "communication issue." He wanted the Board to know that this is a "going" project, especially since public water and sewer are now in the Route 13 area, and they would like to have the new building enclosed "before winter." Member Renzi asked the Lucas brothers to look at the Code with regard to the Business District's Design Specifications; it would also be a good idea to look at the recently constructed Marvin Windows facility on Route 11 in Polkville for some idea of what the Board was looking for. The Board needs indication of the proposed facility's signs, lighting, storage areas, parking lot/spaces, etc. Bob Lucas stated he would discuss this with PZO Weber. Chair Wickwire advised that they should be ready by the Board's meeting at the end of July so that the Board can review the plans; they then have to be sent to the Town Board for consideration of the Aquifer Protection District Special Permit. No Action Taken. NEW BUSINESS Nettie Ransom, Applicant/Carolene Kinnev, Reputed Owner - 2075 Blodgett Mills Road - TM #107.00-01-07.100 - Lot Line Adiustment Chair Wickwire recognized the applicant's representative, Attorney Larry Knickerbocker, who explained that Ms. Ransom was seeking approval to move a lot line to attach a 1.16± acre parcel to an adjoining 9.94± acre parcel, all as shown on the map accompanying the application. Page 4 of 6 C AUG 302010 (T) Cortlandville Planning Board Regular Meeting.Minutes 29 June 2010 At the completion of the discussion, a motion was made by Member Renzi to approve the Lot Line Adjustment, as requested. The motion was seconded by Member Bugh, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Renzi Member Bugh Absent: Member Newell Member Ambrose Motion carried. This becomes Action #26 of 2010. David Yaman. Applicant/Cortland Commerce Center, LLC. Reputed Owner - 839 NYS Route 13 - TM #95.00-10-01.100 - Site Plan Review, Conditional Permit & Aquifer Protection District Permit Chair Wickwire recognized the applicant and owner's representatives Rick Petrucco and Les Sandman who were seeking approval to construct a four -bay 5,000 SF loading dock addition on the west side of this existing facility. Mr. Yaman noted that, contrary to the plan submitted with the application, the loading access would be from the west, not the north, as there will be a 90 deg. rotation from what's shown on the present plan; new plans will be provided within two weeks. The four bays will be under cover, heated, and have new overhead doors. After completion of the discussion, a motion was made by Member Renzi to send the applications and plans to the Cortland County Planning Department for their review. The motion was seconded by Member Bugh, with the vote being recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Renzi Member Bugh Absent: Member Newell Member Ambrose Motion carried. This becomes Action #27 of 2010. Mr. Yaman advised the Board that he had three projects for the same building that he would like to start in August, one being the aforementioned loading dock. The second would be improvement and expansion of the 42,000 SF office facility. The third would be renovations to the building's facade, primarily cosmetic (new windows and main entrance); he would like to submit the plans at the Board's next meeting. PZO Weber advised that the current application could be amended by adding additional information; this would not have to go to the County. Reddina-Hunter Inc.. Applicant/Betty L. Bonawitz. Reputed Owner - 1084 Tompkins St. - TM #96.09-01-59.000 - Lot Line Adiustment With the absence of the applicant, the reputed owner, or a representative of either, PZO Bruce Weber explained to the Board that a triangular portion of the subject property was to be purchased by Redding -Hunter to add to their property on Starr Road which ends up squaring the Redding -Hunter property. A variance had previously been granted by the ZBA. Page 5 of 6 13i AUG 302010 3C9 (T) Cortlandville Planning Board Regular Meeting Minutes 29 June 2010 t' With no further discussion, a motion was made by Member Renzi to approve the Lot Line Adjustment, as requested. The motion was seconded by Member Bugh, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Renzi Member Bugh Absent: Member Newell Member Ambrose Motion carried. This becomes Action #28 of 2010. OTHER MATTERS ✓ PZO Weber distributed copies of continuing education material. Chair Wickwire will be attending the Binghamton workshop. ✓ PZO Weber reported that Walgreen's has completed the rings and resurfacing of the parking lot. Now awaiting decision from Clough -Harbour on method to deal with the wye instead of digging it up and installing new pipe/joints. Talked w/Walgreen's rep last week, asking for time frame when C -H would have that info available, and have not heard back yet. ✓ PZO Weber reported that Kost Tire has fencing contractor for proposed 6' high stockade fence. Water and sewer lines have been located. ✓ Member Renzi reported he had toured the new Walmart Supercenter and it's very \1 impressive; they plan to open 13 October. It will take six weeks to stock the store. ADJOURNMENT At 8:40 p.m., a motion -to adjourn.the meeting was made by Member Renzi, seconded by Member Ambrose, with all members present voting in the affirmative. `)QCaYI ,-i_tq Joan E. Fitch Planning Board Secretary Page 6 of 6 E-mailed to Town & KW, JB, GW, CN, EA on 8/30/ 10; orig. delivered. AUG 3 0 2010 33 ATTENDANCE SHEET 1�RD 77_5 MEETING OF ` Z`�% - ' (Your attendance is recorded in the meeting' Minutes.) PIE�IN'TE Nana.erdin _ _ _ Complete Add S�eaQY J -P d �� ,lr�vol a 11 5h 1'w.PCk Address: :.., M �yN' �F OCT 2 5 20-10 TOWN OF CORTLANDVILLE PLANNING BOARD Minutes of Regular Meeting - Tuesday, 27 July 2010 - 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 Joan E. Fitch, Board Secretary Nicholas Renzi John Folmer, Town Attorney Elizabeth Ambrose James Bugh Avulicants & Public Present E. Douglas Clark, Applicant; David Yaman, Applicant; Fred Kraft, Applicant; Rick Petrucco, Jon Clark, Dave Stisser. II REGULAR MEETING 11 The Regular Meeting of the Town of Cortlandville Planning Board was called to order by Chairperson Katherine Wickwire at 7:33 p.m. OLD BUSINESS E. Douglas Clark dba Doug's Powersoorts Unlimited. Avolicant/E. Douglas Clark, Reputed Owner - 4019-4025 NYS Route 281 (West Road) - TM #s 86.09-01-24.000 & 25.000 - Non - Conformance w/Original Conditional Permit (9/2000) & Conditional Permit for Radio - Controlled Race Car Track - Cont'd. Note: At the January meeting, Member Renzi advised the applicant to come back before the Board in February with a Site Plan to show what he will be doing, with all items located to scale; something the Board can work with. Then, at the February meeting, a letter had been received from Mr. Clark (not dated) advising the Board that he "will be attending the 2011 Ski Doo dealer meeting in ... Florida" and would be unable to attend that meeting, but he would like to be placed on the agenda for the March meeting, at which he was present. Any action was postponed at the March meeting until the April meeting, at which time the applicant failed to appear. At the May meeting, the applicant was asked to provide specific information to the Planning Board prior to the June meeting. At the June meeting, the applicant was asked to return again with the specific information requested. (Reference is made to the Planning Board's Minutes of January, February, March, April, May and June 2010 for details.) Chair Wickwire noted that the Board had received a revised Site Plan from the applicant which now indicates the storage area and the proposed race track. In response to Member Jim Bugh's question, PZO Bruce Weber explained that there are two items being requested: a Conditional Permit for the proposed race track and approval of the Revised Site Plan. The original Site Plan did not have any outside storage on it. Member Renzi stated he had visited Mr. Clark at his business and had no problem with him per se. However, Member Renzi did not like the drawing (Site Plan) presented to the Board for their approval. The applicant explained that the surveyor annotated his original survey map to show locations of the proposed storage and race track, etc. When Member Renzi visited the site today, he noticed 12-15 Ski -Doo units parked on what appears to be the adjacent Time -Buyer site; Mr. Clark stated they were awaiting service. Member Renzi stated that he failed to understand why r '1 Mr. Clark could not negotiate with Time -Buyer to purchase .03 A. of their property to provide �J access to the rear by Doug's Powersports; that would be a solution to the whole problem. Member _3q OCT 2 5 2010 (T) Cortlandville Planning Board Regular Meeting Minutes 27 July 2010 r_ Elizabeth Ambrose argued that the Time -Buyer property owner had already notified the applicant, in writing, that he did not want to sell any portion of the property to him, so it was a moot point.. Chair Wickwire then asked Mr. Clark if he planned on storing the units two high or three high. Mr. Clark responded that ten feet high would be the limit, so it would depend on which crates were stacked; three Ski -Doo crates could be stacked, but other units are higher, so only two could be stacked. PZO Weber advised the Board members that they should also be addressing the other issues associated with his business that were different from the original approval, i.e. the chicken barbecue which was approved, the race track in back, and the outside storage. In response to the Board's question, Mr. Clark stated that the proposed fence will be the same type of 6 -foot stockade fence as KOST Tire has on its property across from the Cortlandville Town Hall, only gray in color. At the conclusion of this extensive discussion, a motion was made by Member Chris Newell to approve the race track and Site Plan as presented on the drawing revised on 7/ 10/ 10 by James P. McNamara. The motion was seconded by Member Ambrose. Discussion followed. Member Renzi stated he would like to make the following comments (a signed copy of which has been placed on file), asking that they be made a part of the record: "The Cortlandville Town Code, for the B-2 District, states in Article 178-36.5 Prohibited Uses: A. Outside Storage. The outside storage of any equipment, products, raw _ materials, waste or similar materials in this district that is detrimental to nearby residential uses, adjacent districts, community aesthetics, and aquifer protection, as determined by the Planning Board is prohibited, --- "The Cortlandville Town Code, in Article XXIII, titled Design and Development Guidelines, which was adopted as a Local Law on August 6, 2003, is full of good practice directives, including 178-140E(4), `The use of some types of wooden fencing (for example, stockade) and particularly those requiring regular maintenance, and chain link fencing along or in the immediate view of the public right-of-way is discouraged.' "The Business District Design Specifications that were adopted as a Town policy on May 4, 2005 contain good practice suggestions such as in Section 1.19 `Loading docks, storage and trash facilities should be screened from view with earthen berms, landscaped buffers, or architectural screening elements---.' "The application for the outside storage of one -hundred crated recreational vehicles and the radio -controlled car race track are, in my opinion, contrary to the spirit and intent of the requirements of the B-2 District, the Design and Development Guidelines, and the Business District Design Specifications. "The approval of this application in its present form makes a mockery of the effort .that was promoted by this Board and approved by the Town Board, and establishes a very low acceptance level of business site configurations that, in the long run, will be detrimental to the Town of Cortlandville. "This entire matter could have been solved in the spirit of the Code by insisting that the outside storage be at the rear of the building with a more aggressive effort to obtain _ access to that area." (Signed) Nick Renzi Planning Board Member Page 2 of 2 3:1;� 5 (0 OCT 2 5 2010 (T) Cortlandville Planning Board Regular Meeting Minutes 27 July 2010 July 27, 2010 Member Renzi questioned the title of the map that was submitted by Mr. Clark—"Map of Lands of Timberline Electric Supply Corp. and H. S. Associates, LLC." PZO Weber responded that "this map will be filed appropriately with the application." The Board then advised Mr. Clark that there should be no storage exchanges between the Doug's Powersports property and the Time -Buyer property. The vote on the motion was then taken and recorded as follows: Ayes: Chairperson Wickwire Nays: Member Renzi Member Newell Member Bugh Member Ambrose Motion carried. This becomes Action #29 of 2010. David Yaman, Applicant/ Cortland Commerce Center, LLC. Reputed Owner - 839 NYS Route 13 - TM #95.00-10-01.100 - Site Plan Review, Conditional Permit & Aquifer Protection District Permit Chair Wickwire recognized the applicant and owner's representative Rick Petrucco who were seeking approval to construct a four -bay 5,000 SF loading dock addition on the west side of this existing facility, all as explained in the 29 June 2010 Minutes of this Board. Chair Wickwire acknowledged receipt of the County Planning Board's report recommending approval w/conditions regarding this project. A review of these conditions was undertaken, as follows: ✓ A Stormwater Pollution Prevention Plan is not required. ✓ The site had been investigated and tested an area under the blacktop and "came out clean." Town witnessed testing. A report is being generated and will be given to John Helgren of the Cortland County Health Department. Applicant has complete history of the site. It's a small addition attached to a large building. TCE vapor extraction system is working. Applicant has agreed to do nothing without DEC's knowledge/ approval. ✓ There will be two drains, one inside and one outside. Vehicles will not be stored inside. PZO Weber stated it's a concern within a building if there's a spill and there's a direct connection to the aquifer. Outside drain which would be just for stormwater is not an issue. Member Renzi suggested the applicant should go back and talk with Dan Dineen, Director of Planning, about what they are proposing, and ascertain why the County Planning Board is taking this position: PZO Weber advised Mr. Yaman that the Town Planning Board is considering incorporating the County Board's recommendations into their motion which, in turn, leaves him with either not having the floor drains or getting a letter from County Planning indicating that, based on further review, the floor drains are not a problem. After completion of the discussion, a motion was made by Member Renzi to approve the Site Plan for proposed Pall Corporation's new loading dock, subject to the conditions set forth in the Cortland County Planning Board's Resolution No. 10-27 of 7/21/10, and as modified by the Cortland County Planning Department, subject modifications to be communicated, in Page 3 of 3 0 OCT 2 5 2010 (T) Cortlandville Planning Board Regular Meeting Minutes 27 July 2010 writing, to the Town of Cortlandville Planning Board. The motion was seconded by Member Newell, with the vote being recorded as follows: Ayes: Chairperson Wickwire Nays: None . Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #30 of 2010. A motion was then made by Member Newell to recommend to the Cortlandville Town Board that they issue the requested Aquifer Protection District Special Permit and act as Lead Agency under SEQR for the proposed Pall Corporation's loading dock. The motion was seconded by Member Renzi, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #31 of 2010. NEW BUSINESS Fred Kraft. Applicant/Reputed Owner - 3815 Luker Road - TM #85.20-01-35.12 - Conditional Permit for Building Addition Chair Wickwire recognized the applicant who was seeking approval to construct a 25 ft. by 40 ft. metal addition on to his existing pole barn to house agricultural equipment. It will have a concrete floor and no floor drains. He rents this building to the NYS Fish & Wildlife Service. After a brief discussion, a motion was then made by Member Renzi to approve the Conditional Permit for a proposed 25 ft. by 40 ft. addition to the existing building, as requested. The motion was seconded by Member Newell, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #32 of 2010. Andrew Smith, Applicant/ Emmanuel Baptist Church. Reputed Owner - Ridge Road - TM #98.00-03-02.000 - Site Plan Approval for Building Addition CEO Weber explained, as there was no representative present, that the application was for approval to construct a 24 ft. by 36 ft. addition on the north side of the existing church. He also affirmed that there were no issues with setbacks. Chair Wickwire stated that the applicant should be present. Page 4 of 4 37 0 C T 2 5 2.010 (T) Cortlandville Planning Board Regular Meeting Minutes 27 July 2010 With no further discussion, a motion was made by Member Renzi to approve the Site Plan for the proposed 24 ft. by 36 ft. addition to the north side of the subject church, as requested. The motion was seconded by Member Elizabeth Ambrose, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #33 of 2010. Empire Tractor - NYS Route 13- TM #105.00-01-48.100 - Conditional & Aquifer Protection District Permits for New Facilitv (Note: Reference is made to the 29 June 2010 Minutes of this Board when a Sketch Plan Conference was held.) PZO Weber advised everyone present that the applicant had requested postponement until the August meeting of the Planning Board. With no further discussion, a motion .was made by Member Newell to postpone review of the requested Conditional and Aquifer Protection District Permits until the 31 August 2010 meeting of the Town Planning Board, as requested. The motion was seconded by Member Renzi, with the vote recorded as follows: Ayes: Chairperson- Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #34 of 2010. OTHER MATTERS ✓ Chair Wickwire reported that she attended a "school" in Binghamton, which was excellent. ✓ Member Renzi distributed a comprehensive chart that showed all of the .items the Board had addressed. Town Attorney Folmer stated that he will provide same to the Town Board. ✓ Town Attorney Folmer reported on the moratorium for hydrofracturing to obtain natural gas; Town will hold public hearing on 4 August 2010. ADJOURNMENT At 8:35 p.m., a motion to adjourn the meeting was made by Member Newell, seconded by Member Renzi, with all members present voting in the affirmative. Page 5 of 5 E-mailed to Town & KW, JB, GW, CN, EA on 10/22/ 10; orig. delivered. W OCT 09 2010 ATTENDANCE SHEET (T) CORTL"x:AgLLE PLANNING BOARD MEETING OF 7- h(Your attendance is recorded in the meeting Minutes.) �PRINTEI� Name: Regarding: Complete Address: Qf • c; wi :_PLANNING BOARD -Meeting rr cj i Z�O 0 C T 2 `� ?010 COMMENTS TO THE APPLICATION OF DOUG'S POWER SPORTS FOR OUTSIDE STORAGE OF PRODUCTS AND THE RADIO CONTROLLED CAR RACE TRACK The Cortlandville_ town code, for the B-2 District, states in Article 178-36.5 Prohibited uses: A. Outside storage. The outside storage of any.equipment, products, raw materials, waste or similar materials in this district that is detrimental to nearby residential r uses; adjacent districts, community aesthetics, _and aquifer protection, as determined by the Planning Board is prohibited, The Cortlandville town code in Article XXIII titled Design and Development Guidelines which was adopted as a Local Law On August 6, 2003 is full of good practice directives including 178-140E(4) "The use of some types of wooden fencing. (for example, stockade) and particularly those requiring regular maintenance, and chain link fencing along or in the immediate view of the public right of way is discouraged." The Business District Design Specifications that were adopted as a town policy on { May 4, 2005 contain good practice suggestions such as in section 1.19 "Loading docks, storage and trash facilities should be screened from view with earthen berms, landscaped buffers or architectural screening elements--- ". The application for the outside storage of one hundred crated recreational vehicles and the radio controlled car race track are, in my opinion, contrary to the spirit and intent of the requirements of the B-2 district, the Design and Development Guidelines and the Business District Design Specifications. The approval of this application in its present form makes a mockery of the effort that was promoted by this board and approved by the Town Board and establishes a very low acceptance level of business site configurations that, in the long run, will be detrimental to the Town Of Cortlandville. This entire matter could have been solved in the 'spirit of the code by insisting that the outside storage be at the rear of the building with amore aggressive effort to obtain access to that area. Nick Renzi �f ` Planning Board Member July 27, 2010 OCT �6 2010 TOWN OF CORTLANDVILLE PLANNING BOARD Minutes of Regular Meeting - Tuesday, 31 August 2010 - 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 Joan E. Fitch, Board Secretary Nicholas Renzi John Folmer, Town Attorney Elizabeth Ambrose James Bugh Applicants & Public Present Michael Sweeney, Applicant; James & Robert Lucas (Empire Tractor), Applicants; David Butler (TLC), Applicant; Mel Greene for Cornerstone Church, Applicant; Trish Hansen, Lee Snyder & Jack Walter, Pam Cosimo, Chuck Feiszli, PE, Town Councilman John Proud. REGULAR MEETING II The Regular Meeting of the Town of Cortlandville Planning Board was called to order by Chairperson Katherine Wickwire at 7:33 p.m. APPROVAL OF MINUTES - 29 JUNE 2010 - , A motion was made by Member Chris Newell to approve the Minutes of the 29 June 2010 Planning Board meeting, as submitted. The motion was seconded by Member Nick Renzi, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #35 of 2010. OLD BUSINESS James & Robert Lucas (Empire Tractor). Applicants/Reputed Owners - NYS Route 13- TM #105.00-01-48.100 - Conditional & Aquifer Protection District Permits for New Facilitv (Note: Reference is made to the 29 June 2010 Minutes of this Board when a Sketch Plan Conference was held.) Chair Wickwire recognized the applicants and their engineer, Chuck Feiszli, who displayed plans of the proposed facility for the Board. The facility is to be constructed on a 69.3± acre parcel on NYS Route 13. All setback requirements are met. Mr. Feiszli explained the site conditions, and proposed locations of all items, including the 27,200 SF building, display areas. Planning on gravel parking right now due to costs, and no floor drains. Any equipment leaking oil will go into the shop first; there is a single sump and it will be pumped into a container. Septic system is just for the sanitary. Stormwater retention was described by Mr. Feiszli; design is not 100% complete r at this time. The engineer stated he will have Pat Reidy of County Soil & Water review the plan, and will comply with all SWPPP requirements. L1i OCT 2 6 2010 qa (T) Cortlandville Planning Board Regular Meeting Minutes 31 August 2010 Member Renzi stated that he did not want to see "another ugly steel building; he liked the looks of the Marvin Windows building in Polkville. Engineer Feiszli stated there will be a small grass area in front of the building, and there will be a showroom. The only exterior lights will be on the building. Operating hours will be from 7:30 a.m. to 5 p.m., but no days were specified. Member Renzi asked questions about a "stilling basin"; this was explained to him by the engineer. Member Renzi then reminded the applicants about the Town's Design Guidelines when it came to signage. CEO Weber suggested the outdoor storage area should be better defined on the Site Plan, including the display area; they could revise the plan for the next meeting. Member Renzi added, "show us where and what." With no further discussion, a motion was made by Member Renzi forward the Conditional and Aquifer Protection District Permit applications/ materials for the proposed new facility to the Cortland County Department of Planning for their review. The motion was seconded by Member Newell, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #36 of 2010. NEW BUSINESS Michael & Melissa Sweenev, Applicants/Robert J. Sweenev, Reputed Owner - 4423 Sweenev Road - TM #75.00-01-241.000 - Lot Line Adiustment Chair Wickwire recognized Mike Sweeney, representing his father, Robert Sweeney, who was seeking a Lot Line Adjustment, as shown on the map accompanying the application. After a very brief discussion, a motion was made by Member Newell to approve the Lot Line Adjustment, as requested. The motion was seconded by Member Renzi, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #37 of 2010. Rev. Barry Kerner. Applicant/CCCU. Cornerstone Church, Reputed Owner - 236 South Main Street - TM #96.00-03-02.000 - Conditional Permit for Proposed Dav Care Center Chair Wickwire recognized Mel Greene, representing the applicant who was seeking a Conditional Permit to operate a day care center out of an existing "Fellowship Hall" building on this property. Because the existing building lies too close to the property line, as shown on the map provided, a variance was obtained from the Zoning Board of Appeals at their meeting held just prior to this one. CEO Weber reported that this proposal had already been before the City Planning Commission for Site Plan review for the parking; it was approved by them. The "hall" will be renovated to accommodate two Early Head Start classrooms, as explained by Pat Cosimo. Page 2 of 2 0CT'�b2010 (T) Cortlandville Planning Board Regular Meeting Minutes 31 August 2010 �,,✓� At the close of discussion, a motion was made by Member Renzi to approve the Conditional Permit for the proposed day care center, as requested. The motion was seconded by Member Jim Bugh, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose. Motion carried. This becomes Action #38 of 2010. TLC Emereencv Medical Services. Avvlicant/David J. Butler. Revuted Owner - 4377 US Route 11 - TM #s 76.15-01-23.000 & 25.000 —Conditional Permit for Addition Chair Wickwire recognized Lee Snyder, Architect, representing the applicant who was seeking a Conditional Permit to add a 24 ft. by 32 ft. addition to the back side of the existing building to serve as a vehicle vestibule which would keep the main portion of the building free from cold blasts of winter air as the vehicles enter/exit the Building. Drawings were provided to the Board members. It is noted that the original Conditional Permit for renovating the building was approved 12/1/09 (Action #72). Member Renzi then critiqued the architect's Site Development Plan. After a very brief discussion, a motion was made by Member Renzi o approve the Conditional Permit for the proposed vehicle vestibule addition, as requested. The motion was seconded by Member Bugh, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #39 of 2010. OTHER MATTERS ✓ Chair Wickwire reported that she had received Member Renzi's email regarding Stormwater System Maintenance Requirements. CEO Weber stated that the info will be put into a computer program that will alert when maintenance/ inspection is required on various systems. ✓ Walgreen's - Member Renzi reported that the system doesn't work. Walgreen's is proposing to go back in and check contractor's work to see if there was an error in the installation of the banding. CEO Weber is skeptical of how they can determine that the bands are not acting as designed. Member Renzi commented the problem is not the engineering; the bands are not watertight. CEO Weber added that there are a couple of alternatives. ✓ Member Renzi asked CEO Weber to take a look at Doug's PowerSports. Ski-Doos are, on adjacent property; CEO Weber stated it had been taken care of. Hours of operation Page 3 of 3 ,ef3 OCT 262010 qY (T) Cortlandville Planning Board Regular Meeting Minutes 31 August 2010 are from 10 a.m. to dusk. Chair Wickwire not happy with Sunday mornings for the race track. No complaints have been received; there are no residences in the area. ✓ Town Attorney Folmer provided Town Board with chart generated by Member Renzi, and the Board was appreciative of receiving same. ✓ Town Attorney Folmer reported on David Yaman's project; Town Board approved the Aquifer Permit as requested. ADJOURNMENT At 8:25 p.m., a motion to adjourn the meeting was made by Member Renzi, seconded by Member Ambrose, with all members present voting in the affirmative.' Page 4 of 4 j S ATTENDANCE SHEET (T) 'CORTLAN:AA LLE` `, PLAWeN1NG BOARD MEz,;rY�NG OF r ;� a:. (Your attendance is recorded in the meeting Minutes.) PRINTF Name: Regarding: Complete Address: c� yrs II—C,1 i� ��t��07 S � �J1iL!') � �6 / ..S /J S b�'ll � �G r ►1 ' C�� r--,� . C.r �► cl It- r%1e L lrz i' nnrl?12 /C v c n s 2z N? �w�-, S /Ch ;U K Joy '�L,IX7) / 696 3�1 >%o-214z)e 0 PLANNING BOARD Meeting vo Atr, t �_� - . �i �' •0'11 ,F ,j'\ ' �f sr�, �..:� + 1 .�ti•��_ :; '� o -� . .: � = ;`, - lt, , , I & t� OCT 2 9 2010 TOWN OF CORTLANDVILLE PLANNING BOARD Minutes of Regular Meeting - Tuesday, 28 September 2010 - 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 Joan E. Fitch, Board Secretary Nicholas Renzi John Folmer, Town Attorney Elizabeth Ambrose James Bugh gto_ Applicants & Public Present Robert Lucas (Empire Tractor), Applicant; Mahlon Irish & Carl Metott for Statewide Country Music Assoc., Applicant; Tom Michales, Tom Buchal & Joe Spossey for Intertek,.Applicant; John Moffitt, Applicant; Chuck Feiszli, PE, Alan Moffitt, Rita Moffitt. 11 REGULAR MEETING The Regular Meeting of the Town of Cortlandville Planning Board was called to order by Chairperson Katherine Wickwire at 7:30 p.m. OLD BUSINESS James & Robert Lucas (Empire Tractor), Applicants/Reputed Owners - NYS Route 13- TM { #105.00-01-48.100 - Conditional & Aquifer Protection District Permits for New Facilitv (Note: Reference is made to the 29 June [Sketch Plan Conference] & 31 August 2010 [applications sent to County Planning for their review] Minutes of this Board). Chair Wickwire recognized Robert Lucas and engineer, Chuck Feiszli, who returned before the Board with the proposed project. Mr. Feiszli stated he had made some changes to the plans in response -to the Cortland County Planning Board's recommendations: a swale was indicated along the south side of the parking lot to channel the water into one forebay (plan not done yet, but will be by end of next week), landscaping was added along the front of the building, the display area has been indicated, and a canopy has been added to front of building that will protrude outward a distance of 10 feet. The new curb cut is there. There will be on parking lot lighting; only lights there will be are on the building itself. Member Renzi questioned how the equipment was washed off, and Engineer Feiszli stated that Empire uses mostly air. There will be a sump, he stated. He also informed the Board that the SWPPP will be completed next week, along.with the Maintenance Plan. Chair Wickwire then reviewed the County's recommendations. In response to "drums" Mr. Feizli stated there would be no drums on the site. Engineer Feiszli stated that Empire Tractor would like to be in their building by 'March 2011. Bob Lucas commented that the plantings are not final. Chair Wickwire advised that the Board wants the landscaping "kept up." At the completion of the Board's discussion, .a motion was made by Member Chris Newell to approve the Conditional Permit for the proposed facility, conditioned upon the following (1) incorporating all recommendations contained in the Cortland County Planning Board's Resolution No. 10-33 of 9/15/10, (2) the Stormwater Management Plan and Stormwater Pollution Prevention Plan to be copied to John Helgren at the Cortland County Health Department, and (3) with a recommendation made to the Town Board that they issue an OCT 2 9 2010 (T) Cortlandville Planning Board Regular Meeting Minutes 28 September 2010 Aquifer Protection District Special Permit and act as Lead Agency under SEQRA. The motion was seconded by Member Nick Renzi, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #40 of 2010. NEW BUSINESS Statewide Country Music Association, Inc., Applicant/Reputed Owner - 1824 NYS Route 13 - TM #77.00-01-43.100 - Conditional Permit for Proposed Addition Chair Wickwire recognized Mahlon Irish, representing the applicant, who was seeking a Conditional Permit for a 64 ft. by 23 ft. addition to their existing building, as shown on the map accompanying the application. The new addition will contain handicapped restrooms/showers, and an addition to the kitchen. The addition's exterior will be similar to the existing building. After a very brief discussion, a motion was made by Member Renzi to approve the Lot Line Adjustment, as requested. The motion was seconded by Member Elizabeth Ambrose, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #41 of 2010. John Moffitt, Applicant/James Ferris. Reputed Owner - 1850 NYS Route 13 - TM #77.00-04- 06.000 - Site Plan for Proposed Dance Hall Chair Wickwire recognized Rita and John Moffitt who explained that they were seeking approval to renovate this existing building into a dance hall, as shown on the rough sketch accompanying the application. Dance lessons (line and pattern)- will be given in addition to dances being held. Music will be by a disc jockey - no live bands. They also plan to sell water, soda, and snacks. A dance floor will be installed; kitchen and bathroom are existing. There is a gravel driveway and plenty of parking. Member Renzi commented that the plan submitted should be more defined than it is. CEO Weber stated that the Board could consider it a Sketch Plan, or more than that; it was up to the Board. In response to CEO Weber's question, the applicant answered that he has not contacted the NYS Department of Transportation about entering/ exiting the property. Member Renzi stated that the plan, as presented, did not indicate curb cuts, handicapped parking, size of parking spaces, lights. Mr. Moffitt stated there were lights on the building, but there are no curb cuts as it's all open from the road. The building will be leased from the owner; it was the former Schwan's location. Hours of operation are Tuesday, Wednesday and Thursday from 6 p.m. to 9 p.m., and Friday and Saturday from 7 p.m. to midnight. CEO Weber advised that a Building Permit will be needed which will deal with the interior of the structure. Page 2 of 2 41 OCT 2 9 2010 (T) Cortlandville Planning Board Regular Meeting Minutes 28 September 2010 At the close of discussion, a motion was made by Member Newell to approve the Conditional Permit for the proposed dance hall, as requested. The motion was seconded by Member Ambrose, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #42 of 2010. Intertek Testing Services, Inc., Applicant/Reputed Owner - 3933 US Route 11 - TM #87.00- 03-17.100 - Conditional Permit for Proposed Small Wind Turbine Chair Wickwire recognized Tom Michales and Joe Spossey, representing the applicant who was seeking a Conditional Permit to install a 120 -foot high, three -bladed wind turbine as a demonstration project which would be part of their Energy Group. The proposed location of the turbine within the front yard of their existing facility would provide an unobstructed fall zone, as shown on the plans accompanying the application. The proposed tower would be of the lattice type, as shown on the brochures distributed to the Board. The turbine will be a small, single unit, either a 5 KW or a 1OKW unit, connected to the NYSEG grid. No de-icing because any weight on the blade would cause it to stop. A larger unit was not selected because of its cost. Member Renzi asked about noise created by the turbine, and Mr. Spossey responded that the (r noise is very little, from 35 to 45 decibels. He also advised that they can install a guyed tower or they have other options. Town Attorney John Folmer advised the representatives that the Town has adopted a moratorium on commercial wind farms and asked if the proposed facility was a commercial enterprise. CEO Weber responded that the proposed turbine is a small, residential type and not defined as commercial wind farm. Town Attorney Folmer advised that an argument could be made that this is a facility that's going to sell power back to the grid, it's going to provide energy for an office, it's going to serve as a trial for the company, and the facility does not necessary supply a plural of installations. Eventually, CEO Weber and the Town Attorney will arrive at a conclusion; Mr. Folmer advised that he just wanted the applicant to be aware that there's at least a possibility that the moratorium on wind farm facilities may come to play in this matter. The moratorium expires on 12 / 31 / 10 unless it's extended. At the conclusion of the discussion, a motion was made by Member Ambrose to send the application for the proposed small wind turbine to the Cortland County Planning Department for their review. The motion was seconded by Member Jim Bugh, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #43 of 2010. HEP Sales, Applicant/H.S. Associates, Reputed Owner - 797 NYS Route 13 - M #105.00-03-. 04.000 - Conditional Permit for Proposed Pole Barn Page 3 of 3 OCT 2 9 9010 W (T) Cortlandville Planning Board Regular Meeting Minutes 28 September 2010 Chair Wickwire acknowledged that there was no one present to answer the Board's questions regarding this application, so the matter should be postponed. A motion was then made by Member Newell to postpone this matter until the October meeting of the Town Planning Board. The motion was seconded by Member Renzi, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #44 of 2010. OTHER MATTERS Walgreen's Drug Store/ENY RT222 & 281, LLC, Reputed Owner - 1067 NYS Route 222 - TM # 86.13-01-37.200 - Malfunctioning Stormwater Svstem CEO Weber reported that he had been unable to have the interested parties take the appropriate action to bring the subject's stormwater system into compliance. He stated that Walgreen's had been advised, in writing, on 3 June 2009 that the Town has three available means to deal with their non-compliance: the Town Planning Board could revoke their Site Plan Approval, the Town Board could take corrective action, the cost of which would be borne by the owner or developer, and there are penalties that could be imposed for violations. CEO Weber said that he had indicated to the parties that, lacking any concrete plan in place, he would discuss with the Town Board and Planning Board what actions they would like taken. He stated he was "at a dead end with them." The stormwater system does not work. Member Renzi recalled that this past August tests were run and Clough Harbour had not issued a report yet. CEO added that a letter (dated 3 September, received last week) had been received recently that stated the system still leaks and that additional testing needed to be done; letter was copied to all Board members. CEO Weber stated that last Thursday he sent a note to the interested parties (Walgreen's, HDL, and Clough Harbour) asking what had been done since 3 September; as of today, he has heard nothing. Member Renzi stated that CEO Weber has been very good at communicating with the three parties, but it's been an on-going problem for about three years. CEO Weber added that there were provisions to set a public hearing and giving due notice. If the Planning Board decides to do so, CEO Weber said he would get the Legal Notice published, and send the interested parties a copy. The Board also could request a Walgreen's rep attend a Planning Board meeting to explain what, when, and how they are going to solve the problem. Town Attorney Folmer advised that when the Planning Board revokes a Permit, they are acting upon a property right, and the holder of that Permit is entitled to due process and a hearing is a step in this process. CEO added that if Walgreen's is violating a condition of the approval the Conditional Permit can be revoked by the Planning Board. CEO Weber explained, how the stormwater system is supposed to work, but there were construction methods in the field that were incorrect. HDL, the developer, hired Clough Harbour to designed the system; Clough Harbour admitted it was not working properly. Page 4 -of 4 OCT 2 9 2010 5v (T) Cortlandville Planning Board Regular Meeting Minutes 28 September 2010 After an extensive discussion on how to handle the matter, the Board thought that the store's v l representatives should be asked to appear before them at next month's meeting. Town Attorney Folmer advised that the representatives need to be here and be prepared that night to explain their plan to repair the system, and when, or the Board will institute proceedings to revoke their Permit. A motion was then made by Member Renzi that the Town of Cortlandville Planning Board requests that Walgreen's representative(s) be advised to appear before the Town Planning Board to present a remediation plan and timetable for repair of the store's stormwater management system. The motion was seconded by Member Bugh, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #45 of 2010. ADJOURNMENT At 8:35 p.m., a motion to adjourn the meeting was made by Member Newell, seconded by Member Ambrose, with all members present voting in the affirmative. 1 n Y Y, i Page 5 of 5 0. CT 2" 9 2010 ATTENDANCE SHEET. -(T) CO'RTLANDVILLE; "PLANNING. -BOARD -7 MEETING OF (Your attendance is recorded in the meeting Minutes.) PRINTE -Name: Regarding: Complete Address: M-00 9WILIC�Iltvlx gr� V T 1_3k ep ��X61 2,21 TZT 7-0 T:� CA A4, no 0 lqn'( I RfC::R4- IZA) 0-ne-44rit-N(d_ .v � ) j1- �� �� ' 1 OV 10 20`0 TOWN OF CORTLANDVILLE PLANNING BOARD Minutes of Regular Meeting - Tuesday, 26 October 2010 - 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 Joan E. Fitch, Board Secretary Nicholas Renzi John Folmer, Town Attorney *Elizabeth Ambrose James Bugh �.fa Applicants & Public Present Taylor McDermott for Lowe's Home Centers, Inc., Applicant; Paul Barry for HEP Sales, Applicant; Joe Spossey for Intertek Testing Services, Inc., Applicant; Jason Lilley, Applicant; Chuck Feiszli, PE; Carl H. Snyder of NY Land Quest, Applicant; Robert Banth, Attorney William Pomeroy, and Kristy Harris of Clough Harbour, representing Walgreen's. REGULAR MEETING The Regular Meeting of the Town of Cortlandville Planning Board was called to order by Chairperson Katherine Wickwire at 7:30 p.m. APPROVAL OF MINUTES — 27 JULY & 31 AUGUST 2010 A motion was made by Member Nick Renzi to approve the Town of Cortlandville Planning Board Minutes of 27 July and 31 August 2010, as submitted. The motion was seconded by Member Jim Bugh, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Absent: Member Ambrose Motion carried. This becomes Action #46 of 2010. OLD BUSINESS Tavlor McDermott, Applicant/ Lowe's Home Centers, Inc., Reputed Owner - 872 NYS Route 13- TM #95.20-02-02.000 - Displav Area in Parking Lot Chair Wickwire recognized Mr. McDermott who was seeking approval to have a display area in the parking lot at the location shown on the plan accompanying the application. He stated that although the parking spaces were indicated on the original drawing submitted, the use of the spaces for other than parking was never discussed. Lowe's was seeking permission to display ten (10) trailers and ten (10) sheds that the store sells, placed as shown on the Site Plan distributed to the Board. PZO Bruce Weber stated, for clarification, that he considered this "outside storage." Parking spaces remaining will be 370. Member Renzi asked the application if the display would be for twelve months a year; the applicant responded that it would vary. PZO Weber advised the Board that this was an addendum I to the original approval, and the area will be lighted as previously approved. NOV 10 2010 n (T) Cortlandville Planning Board Regular Meeting Minutes 26 October 2010 With no further discussion, a motion was made by Member Renzi to approve the outside display area in the subject parking lot for ten (10) trailers and ten (10) sheds, as requested by Taylor McDermott. The motion was seconded by Member Bugh, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Absent: Member Ambrose Motion carried. This becomes Action #47 of 2010. HEP Sales. Auulicant/H.S. Associates. Reputed Owner - 797 NYS Route 13 - M #105.00-03- 04.000 - Conditional Permit for Proposed Pole Barn Chair Wickwire recognized Paul Barry, representing the applicant who was seeking a Conditional Permit to construct a proposed 42 ft. by 104 ft. pole barn at the location shown on the map accompanying the application. The proposed one-story building would be insulated, metal sided, have doors on the ends, and used for lumber storage. There would be no new blacktop; the area is graveled. He stated they planned to match the exterior of the new building with the blue color of the existing building on the site; the Board members agreed with the color proposed. After a brief discussion, a motion was made by Member Chris Newell to approve the Conditional Permit for the proposed 42 ft. by 104 ft. blue pole barn building for lumber storage, as requested. The motion was seconded by Member Renzi, with the vote recorded as follows: ( Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Absent: Member Ambrose Motion carried. This becomes Action #48 of 2010. Intertek Testing Services. Inc.. Avolicant/Reputed Owner - 3933 US Route 11 - TM #87.00- 03-17.100 - Conditional Permit for Proposed Small Wind Turbine (Reference is made to the Minutes of the 9/28/10 Planning Board meeting for additional information on the proposed wind turbine. At that meeting, the Board referred the application to County Planning for their review.) Chair Wickwire recognized Joe Spossey, representing the applicant who was seeking a Conditional Permit to install a 120 -foot high, three -bladed wind turbine as a demonstration project which would be part of their Energy Group. Chair Wickwire acknowledge receipt of County Planning's 15 October 2010 report on this project. Mr. Spossey stated that he understood all of the conditions contained in the report. The items in the County Report were reviewed one by one. With regard to the first recommendation, Mr. Spossey stated that there was no ladder outside for use in climbing the tower; the ladder is kept inside the main building. The lattice -type tower would be very difficult to climb and there is no climbing apparatus on the tower at all. Regarding the second recommendation, there are no guy wires planned. And, the third item asked about the filing of FAA forms; Mr. Spossey stated that Intertek will comply. Member Renzi asked to be supplied with the data that Mr. Spossey stated they were collecting. Mr. Spossey will email same to PZO Weber who will distribute it via email to Board Members. Page 2 of 2 (T) Cortlandville Planning Board Regular Meeting Minutes 26 October 2010 Chair Wickwire then read aloud Part II of the Short Environmental Assessment Form. Negative responses were obtained to all questions in Part II. A motion was then made by Member Newell for a Negative Declaration under SEQRA for the proposed wind turbine. The motion was seconded by Member Renzi, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Absent: Member Ambrose Motion carried. This becomes Action #49 of 2010. A motion was then made by Member Renzi to approve the Conditional Permit for the proposed small wind turbine, as requested, incorporating Items #1 thru #3 of the Cortland County Planning Department's report, page 4, dated 10/15/10, signed by Dan Dineen, Director of Planning. The motion was seconded by Member Newell, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Absent: Member Ambrose Motion carried. This becomes Action #50 of 2010. Walgreen's Drug Store/ENY RT222 & 281. LLC. Revuted Owner - 1067 NYS Route 222 - TM # 86.13-01-37.200 - Malfunctioning Stormwater Svstem (Reference is made to this Board's Minutes of their 9/28/ 10 meeting for a history of the problem. At that meeting, the Planning, Board requested that Walgreen's representative(s) be advised to appear before the Town Planning Board to present a remediation plan and timetable for repair of the store's stormwater management system.) Chair Wickwire recognized Robert Banta, Construction Superintendent for Walgreen's, who introduced Kristy Harris of Clough Harbour, their engineer. Mr. Banta stated they were looking at doing more testing on the system this coming week. They plan to isolate each section of the system to determine where it is leaking. Member Renzi commented that no one has received a copy of any testing that was previously completed. Ms. Harris replied that she thought "everyone had received it." PZO Weber stated that the only thing he had received was a letter saying that the system was still leaking, but nothing indicating the rate of leakage, etc. Mr. Banta commented that there had been significant improvement and he, too, was under the impression that everyone had received the previous test results. Member Renzi stated there had been 50,000 to 60,000 gallons of water put into the system during the August testing, and the Board discussed this testing. Member Renzi asked how the forthcoming test will be performed, and Ms. Harris explained. Member Renzi asked her to write up the test procedures and give them to PZO Weber. (These were later submitted via email to Board Members.) They should also be provided to Pat Reidy. Member Renzi stated that the Board had been very patient; it's now been 2-3 years in trying to solve the malfunctioning stormwater system, which is unacceptable. Mr. Banta reported that \ during their annual April testing, the "stormwater guy" indicated a good amount of filtration was L% happening, but they needed to plan on doing some maintenance. Page 3 of 3 Sy (T) Cortlandville Planning Board Regular Meeting Minutes 26 October 2010 PZO Weber stated that it appeared that after the bands were installed, there was more sedimentation around the bottom of the filters; he agreed there was some form of filtration that was not occurring previously, but there's still a problem. Chair Wickwire stated that by the end of next month (November) we should have a complete report of what was done, etc. Town Attorney Folmer added that if the representatives present at this meeting knew that they were not going to be performing the test on next week, Monday, as planned, they should immediately inform PZO Weber. He stated that there's a lack of communication between- the involved parties and PZO Weber and "that's got to stop." If the Town does not have all the requested information, the Town's record is incomplete. Attorney Folmer also advised the reps present that they needed to respond to the PZO's correspondence in a timely manner. Mr. Banta concluded this Agenda item by advising that the equipment will be in on Thursday, and testing will be the following Monday. No Action Taken. NEW BUSINESS Jason & Julie Lillev. Applicants/Livia Natale. Reputed Owner - 1138 NYS Route 13 (Tompkins Street) - TM #96.09-03-03.000 - Site Plan for Proposed Flower Shop & Apartment Chair Wickwire recognized Mr. Lilley who was seeking approval of a Site Plan to convert a single- family residence into a flower shop (first floor) with a second -floor rental apartment. Mr. Lilley and his wife currently operate Arnold's Florists in Dryden, Tompkins Co., NY. i According to the narrative accompanying the application, the parcel is zoned B-2, contains .27t A., and an existing driveway would be used to access a gravel parking area next to the barn on the back of the property (four 10'x 20' vehicle spaces), plus there was room for three or four more vehicles to park on the property farther back, all as noted on the Site Plan also accompanying the application. The applicant stated they planned to have a sign in the front, and they would be open all day, Monday thru Friday, -and a half day on Saturday. When asked if he had contacted the NYSDOT, Mr. Lilley responded that he had not. PZO Weber advised that what was being proposed was a change in use of the property, so the applicants need to contact the DOT. Mr. Lilley also advised the Board that if their Site Plan is approved, he hopes to close on the property by 1 January 2011. Chair Wickwire advised everyone that the subject application needed to be forwarded to County Planning. A motion was then made by Member Renzi to forward the application/ Site Plan for the proposed flower shop/apartment to the Cortland County Planning Department for their review. The motion was seconded by Member Newell, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Absent: Member Ambrose Motion carried. This becomes Action #51 of 2010: Carl H. Snvder (NY Land Quest), Applicant/Lewis & Lida Genson, Reputed Owners - 2166 Blodgett Mills Road - TM #107.00-03-13.000 - Subdivision Page 4 of 4 55,- Page rS NOV 10 2010 5-b (T) Cortlandville Planning Board Regular Meeting Minutes 26 October 2010 Chair Wickwire recognized the applicant who was seeking approval of minor subdivision, subdividing the subject parcel into three parcels: a 5t acre parcel containing existing mobile homes and a 26t acre vacant parcel, both with road frontage, plus an llt acre parcel with a proposed ten -foot wide right-of-way for access, as shown on an aerial map accompanying the application. PZO Weber explained that the llt acre parcel indicated had been subdivided two or more years ago, conditioned that it be combined with the owners' adjoining 31t acres; this was not done, so at this time .the owners would like to break the property up into three parcels, two with road frontage and one with a ROW. The Board discussed fire truck access. PZO Weber stated that there were provisions in the Fire Code that required certain access; if the owners can show that access, then a Building Permit could be issued. If the owners cannot show that access, then a Building Permit would not be issued. Chair Wickwire then read aloud Part II of the Short Environmental Assessment Form. Negative responses were obtained to all questions in Part II. A motion was then made by Member Newell for a Negative Declaration under SEQRA for the proposed subdivision. The motion was seconded by Member Renzi, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Absent: Member Ambrose Motion carried. This becomes Action #52 of 2010. A motion was then made by Member Newell to approve the subdivision of land with a 10 -foot right-of-way, as requested. The motion was seconded by Member Renzi, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell, Member Renzi Member Bugh Absent: Member Ambrose Motion carried. This becomes Action #53 of 2010. OTHER MATTERS ✓ Chair Wickwire reported that she had received calls regarding the lack of a coffee shop in the newly opened Walmart Superstore. These calls were made to her because the callers had been informed by Walmart employees that the reason there was no coffee shop was because the Town of Cortlandville Planning Board would not allow it. This is incorrect. Walmart never asked for one. PZO Weber stated that he did not consider a retailer selling baked goods and deli products a restaurant if they had a place to sit down. He stated that the Planning Board never said "they couldn't do it." Member Renzi added that "we didn't say no to a request they never made. Chair Wickwire instructed the Board Secretary to include these remarks for the record. ✓ Member Renzi distributed copies of his Summary of Planning Board Actions thru Action #45 of 2010. Page 5 of 5 OV 10 2010 (T) Cortlandville Planning Board Regular Meeting Minutes 26 October 2010 i' i ✓ The Board noted that it appeared that LPG tanks were being stored on the former _ Stevens Heritage House warehouse property at 730 NYS Route 13, which was not allowed in the Board's approval. PZO Weber stated he would look into the matter. ✓ Member Renzi asked if the Town ever considered having a permanent Alternate Member of the Planning Board who would serve in the absence of a regular member. Town Attorney Folmer thought the idea was a good one and "will take a look at it." ADJOURNMENT At 8:35 p.m., a motion to adjourn the meeting was made by Member Renzi, seconded by Member Newell, with all members present voting in the affirmative. Page 6 of 6 Y 1' ii Il.li.l �i 5-7 OV 14 2010 4 ATTENDANCE SHEET r (T) CORTLANDVILLE PLANNING BOARD MEETING OF 1 r ' � (Your attendance is recorded in the meeting Minutes.) P I\N, E+,.I Name: Regarding:., Complete Address: vvo io f C'% e 941 S. SaG111 l )! .f'C�l SLI i�Z0L / O G d �rLMo- ✓ V I�G�C�� a &cud 4. QM tl(- �' ' � �� �r-S /� �t\'' lei f c�1 �1'r -4 r,� .L,, ' , O PLANNING BOARD Meeting Only FEB o 1 2®11 r TOWN OF CORTLANDVILLE PLANNING BOARD Minutes of Regular Meeting - Tuesday, 30 November 2010 - 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 Joan E. Fitch, Board Secretary Nicholas Renzi John Folmer, Town Attorney Elizabeth Ambrose James Bugh Avulicants & Public Present Andrew Porter for Bestway Enterprises, Applicant; Kelly Pronti & Steve Cleason for APD Engineering, Applicant; Jason Lilley, Applicant; J. Lee Ambrose, Applicant; David Law, Applicant; David McNeil for FHN; Walt Priest, Cindy Thomas, Dick & Cheryl Reyger, Scott & Nancy Cavellier, Karen Hempson. REGULAR MEETING II The Regular Meeting of the Town of Cortlandville Planning Board was called to order by Chairperson Katherine Wickwire at 7:30 p.m. APPROVAL OF MINUTES - 28 SEPTEMBER & 26 OCTOBER 2010 A motion was made by Member Nick Renzi to approve the Town of Cortlandville Planning Board Minutes of 28 September and 26 October 2010, as submitted. The motion was seconded by Member Chris Newell, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #54 of 2010. OLD BUSINESS Jason & Julie Lillev, Applicants/ Livia Natale, Reputed Owner - 1138 NYS Route 13 JTompkins Streetl - TM #96.09-03-03.000 - Site Plan for Proposed Flower Shop & Apartment (Note: At the 10/26/10 meeting of this Board, Chair Wickwire recognized Mr. Lilley who was seeking approval of a Site Plan to convert a single-family residence into a flower shop [first floor] with a second -floor rental apartment. Mr. Lilley and his wife currently operate Arnold's Florists in Dryden, Tompkins Co., NY. The application was sent to the Cortland County Planning Department at that meeting. Reference is made to those Minutes for details.) Chair Wickwire acknowledged receipt of the Cortland County Planning Board's report of 16 November 2010 which recommended approval of this application, contingent upon (1) the applicant's submittal of a revised parking lot layout which provides ample maneuvering area for vehicles to access the proposed parking spaces, and (2) compliance with SEQRA requirements. sY FEB 01 2011 l5 (T) Cortlandville Planning Board Regular Meeting Minutes 30 November 2010 The Board discussed the parking with the applicant who stated that he did riot need any more 1' spaces to accommodate the store/upstairs apartment. To provide parking behind the barn would require from 40 to 50 tons of gravel ($6,000 to $7,000). Member Newell commented that he should make an area to turn vehicles around. The applicant explained the proposed Site Plan once again, at the request of Member Newell. Additional parking was discussed and Mr. Lilley stated that it may be possible to grade an area to increase it. Member Newell asked if the Board approved the Site Plan and gave Mr. Lilley an 8 - month window to solve the parking, would that be satisfactory? The applicant responded that he would have handicapped parking to access the proposed ramp at the rear of the building, and that extra time to resolve the parking would help him out. Chair Wickwire then read aloud Part II of the Short Environmental Assessment Form. Negative responses were obtained to all questions in Part II. A motion was then made by Member Newell for a Negative Declaration under SEQRA for the proposed flower shop/apartment. The motion was seconded by Member Renzi, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #55 of 2010. With no further discussion, a motion was made by Member Newell to approve the Site Plan for _ the proposed flower shop/apartment, as requested, incorporating Item #1 of the Cortland Co. Planning Board's Resoution Ro. 10-43 of 11/16/10, and with the applicant to return before this Planning Board in June 2011 to start work on the parking lot. The motion was seconded by Member Renzi, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #56 of 2010. APD Engineering, Applicant/Wal-Mart Stores East, Reputed Owner - NYS Route 13 (Walmart Superstore Site) - TM #105.00-01-22.211 - Revised Pharmacv Drive-Thru Chair Wickwire recognized Steve Cleason of APD Engineering who was seeking approval to revise the Pharmacy Drive-Thru as shown on the plans submitted, a copy of which has been placed on file. The original path to route traffic around the back of the store to access the drive-thru was hazardous due to the limited viewing caused by delivery trucks. The applicant proposed an amendment to the plans to allow a U-shaped turn by vehicles to access the drive-thru instead of routing the traffic around the store, as shown on the plan. In addition to this revised traffic pattern, Mr. Cleason explained that changing the drive-thru would also require a change in signage, as listed on the proposed Resolution prepared by Attorney Kelly Pronti. Chair Wickwire stated that she had visited the site and felt that there was enough room to revise the Site Plan, as requested. Member Newell also agreed that "it is better than driving around." Page 2 of 2 FEB 012011 0 (T) Cortlandville Planning Board Regular Meeting Minutes 30 November 2010 With no further discussion, and after reviewing the proposed Resolution, a motion was made by 7._ Member Renzi to amend the Site Plan as resolved in the Board's 30 November 2010 Resolution as prepared by Attorney Kelly Pronti. The motion was seconded by Member Elizabeth Ambrose, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #57 of 2010. The Board brought it to the attention of Mr. Cleason and Ms. Pronti that they thought there should be some consideration give to one-way signs in the parking lot to more clearly indicate what the traffic pattern should be in the driving lanes, since they are at an angle to allow parking from a specific direction. Mr. Cleason stated he would bring this to the attention of the owner. NEW BUSINESS Bestwav Enterprises. Inc.. Avvlicant/Reputed Owner. - 3269 Gracie Road - TM #105.05-01- 12.100 - Lot Line Adiustment Chair Wickwire recognized Andrew Porter, representing the applicant/owner who was seeking to separate a l± acre parcel of land to go with the existing house which will be sold to the current tenant. A right-of-way will be created as shown on the map accompanying the application in order to allow access to the applicant's rear lands. The Zoning Board of Appeals had previously granted a variance for a lot width less than allowed to accommodate this ROW. A motion was then made by Member Newell to approve the lot line adjustment, as requested. The motion was seconded by Member Renzi, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #58 of 2010. David Law. Avvlicant/David & Lori Law. Revuted Owners - 3871 US Route 11 - TM #87.00- 04-04.000 - Site Plan for Exterior Lights Chair Wickwire recognized the applicant who was seeking approval to install nine new exterior lights along the driveway and parking lot of his business, CNY PowerSports, as shown on the sketch accompanying the application. Also attached to the application was a photo depicting the light he had purchased. Mr. Law stated that sometime in the future he may dedicate the road into his business to the Town. The parcel is located in a commercial district. Page 3 of 3 FEB 01 2011 (T) Cortlandville Planning Board Regular Meeting Minutes 30 November 2010 With no further discussion, a motion was made by Member Renzi to approve the Site Plan for additional lights, as requested. The motion was seconded by Member Renzi, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #59 of 2010. J. Lee Ambrose. as Trustee. Auulicant/Cortland Diae_nostic Imagine Associates. PC Emulovees' Profit Sharine Plan & Trust. Reputed Owner - Commons Avenue/Kinney Gulf Road - TM #s 86.09-01-21. 22.200 & 86.13-01-14.110 (26± A.) - Reauest for Zone Chanee (It is noted for the record that Board Member Elizabeth Ambrose recused herself from this matter and took a seat in the audience.) Chair Wickwire recognized the applicant who is the beneficial owner of these three parcels of land totaling 26± acres located west of The Commons business development and east of Westmore Lane, and zoned R-1 Residential. Mr. Ambrose explained that he has had the subject property for 25± years and not once has been approached to develop the land for residential purposes. He would like this R-1 area to be rezoned by the Town as B-1, Neighborhood Business; he felt this would be a good transition from the residences located on Westmore Lane and Kinney Gulf Road. Dr. Ambrose did not feel his parcels were appropriately zoned. He stated that he would leave a 100 -foot buffer between the residential properties and his parcels that could be purchased by the adjoining landowners. Chair Wickwire acknowledged that this application would need to be forwarded to County Planning for their review. PZO Bruce Weber explained that the County had the application because the deadline was yesterday (29 November); however, if the Town Board, at its meeting of 1 December, decided not to send it, he would then "pull it." He explained the process to the Board. If and when it comes back to this board, a recommendation would be made to the Town Board on the change of zone. The Town Board would then hold a public hearing and make its decision. Member Renzi asked the applicant about water and sewer services. Dr. Ambrose stated that the acreage along Kinney Gulf Road has public water and sewer; the l l±, 8±, and 5± acre parcels do not. Also in answer to Member Renzi's questions, Dr. Ambrose stated that there was no Town - approved access to Westmore Lane, and the end lot on Kinney Gulf Road would be suitable for access. Member Renzi asked why, in over 25 years, hasn't the property been saleable for residential; Dr. Ambrose responded that he had never received an offer in all that time. PZO Weber explained that there is no longer a business transition zone; the subject property is zoned B-2, the same as The Commons. Chair Wickwire said the new proposal has a 100 -foot buffer zone; this should be shown on the map along with where the proposed access road off Kinney Gulf Road would be. The applicant explained to the Board where the road would traverse the property. Member Renzi recommended developing a detailed site plan indicating the buffer zone and the plantings. Chair Wickwire stated the drives should also be shown. These things should be on the map before it goes to County Planning. Page 4 of 4 FEB 0 2011 (T) Cortlandville Planning Board Regular Meeting Minu es 30 November 2010 g= " At the end of a very lengthy discussion, a motion was made by Member Renzi to forward the application to the Cortland County Planning Department for their review. The motion was seconded by Member Newell, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Absent: Member Ambrose Motion carried. This becomes Action #60 of 2010. Chair Wickwire advised that this Board will wait and see what recommendations are received from County Planning before discussing a public hearing. (Member Ambrose resumed her position on the Board.) OTHER MATTERS David McNeil. dba McNeil Develov_ went Co.. LLC. Ren_ uted Owner - 4038 NYS Route 281 - TM #86.09-01-39.000 PZO Weber reported that the parking was not adequate for this facility's needs. Dave McNeil advised that he wanted to create additional parking on what was the old car wash, which he owns. This, PZO Weber stated, would require Planning Board review. As a result, Mr. McNeil made arrangements with the Murray Center on Route 281 to park there as an ancillary parking area. The question becomes: would the taking of parking from the Murray Center for FHN take away too much parking? Another issue is that of people would have to cross Route 281; there is a light on the corner of 281 and Madison that can be activated by someone crossing the highway, but they would have to walk to that intersection to do so. Dave McNeil, who was present, stated that the FHN employees had volunteered to parking at the Murray Center. PZO Weber advised that the Planning Board has the ability to set what the required parking is, and he would like the Board to agree/disagree with what was being proposed as a parking solution for FHN. A motion was then made by Member Renzi that the Town Planning Board accepts the accessory parking area for the Family Health Network facility at the Murray Center Parking lot on NYS Route 281. The motion was seconded by Member Newell, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose 4 Motion carried. This becomes Action #61 of 2010. Discussion of Proposed Alternate Town Planning Board Member At last month's Planning Board meeting, Member Renzi asked the Board to consider having an alternate Board member who would assume a seat on the Board only if a regular member was absent. The alternate would keep him/herself apprised of all applicants/ actions, but would only be paid if they actually acted as a substitute for a regular Board member. Member Renzi advised that there was sufficient money in the Town Budget to accommodate this J position. In discussing this matter, Chair Wickwire stated that an alternate member would cost the Town about $3,000 per year, and maybe the alternate would never have the opportunity to sit Page 5 of 5 63 FEB 01 2011 (T).Cortlandville-Planning Board Regular Meeting Minutes 30. November 2010 on the Board. She stated that in her 20± years on the Board, there had ne_ ver . been a problem. PZO Weber stated that he believed that an alternate Planning Board member did not need to come to every meeting and can .update themselves, by the review of the record of the meeting; as long as they kept informed of the issues, that 'would : suffice. Chair Wickwire felt that if three out of five members were present, and something was on the agenda that she felt. should be reviewed by all five members, then the respective applications could be postponed until the Board's nett meeting; business, however, can still be conducted as long as there is a quorum. present. She'stated that the Town Board did not have an alternate. PZO Weber responded that if there was something that came back from County Planning which required a - supermajority vote to override the county's recommendation, and only three members. were present, the Board could not carry such a motion. Chair Wickwire stated that- if an alternate was not required to attend the -meetings-, how could they possibly keep up on the issues; she objected to having the alternate position on the Board. Town Attorney Folmer felt that this Board should make its wishes known to the Town Board. Member Renzi distributed "Planning Board Alternate Member Position Definition" for the Board's consideration. The Board agreed to continue this discussion at their next meeting. ADJOURNMENT At 8:55 p.m., a motion to adjourn the meeting was made by Member Renzi, seconded by Member Newell, with all members present voting in the affirmative. Page 6 -of 6 6q (T) CORTLANDVILLE ATTENDANCE SHEET PLANNING BOARD MEETING OF: /,/-�:1'C j,,5 (Your attendance is recorded in the meeting Minutes.) a PRINTED) Name: �f'l�i2 Ci. a2-rsz 1 M, Representing/ Regarding: Complete Address: L ©7 42, 3B' -?7 Ckc r t-- - v IVVT- S(-(< 7/ MA 1 L L -r 22 R3r� , rte , , zlz�4/ r• ( 6',f er /r -zctPlk A-ov kT Cr;-Pv PLANNING BOARD Meeting Only 11 &S 1 FEB 2 2 2011 (06? TOWN OF CORTLANDVILLE PLANNING BOARD Minutes of Regular Meeting - Tuesday, 28 December 2010 - 7:30 PM Town Hall Board Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) Katherine Wickwire, Chairperson Christopher Newell Nicholas Renzi Elizabeth Ambrose James Bugh Applicants & Public Present Don Niver for Suit-Kote, Applicant; Mark Slocum. Others Present Bruce Weber, Town Planning/Zoning Officer Joan E. Fitch, Board Secretary John Folmer, Town Attorney REGULAR MEETING The Regular Meeting of the Town of Cortlandville Planning Board was called to order by Chairperson Katherine Wickwire at 7:30 p.m. OLD BUSINESS J. Lee Ambrose. as Trustee. Avvlicant/Cortland Diagnostic Imaging Associates. PC Emolovees' Profit Sharing Plan & Trust. Revuted Owner - Commons Avenue/Kinney Gulf Road - TM #s 86.09-01-21. 22.200 & 86.13-01-14.110 (26± A.) - Reauest for Zone Change Chair Wickwire acknowledged receipt of a letter from Attorney James Baranello (dated 27 December 2010) advising the Town that his client, Dr. Ambrose, had decided to withdraw his zoning change request. NEW BUSINESS Suit-Kote Corvoration. Avvlicant/Revuted Owner - 1911 Lorings Crossing Road - TM #77.00-01-22.000 - Provosed Addition to Existing Building Chair Wickwire recognized Don Niver, representing the applicant/owner who was seeking a Conditional Permit to construct a 54 ft. square by 18 ft. high addition to their existing cationic mill building located at the north end of the existing office/electrical/mechanical building. The proposed building would be used to enclose equipment (two soap tanks, a mix tank, a weigh tub, and two emulsion mills). A complete description of what is being proposed is contained in a Suit- Kote memo to this Board from Ryan DuBois, dated 1 December 2010: A copy of this memo has been placed on file for the record. Chair Wickwire then read aloud Part II of the Short Environmental Assessment Form. Negative responses were obtained to all questions in Part II. A motion was then made by Member Chris Newell for a Negative Declaration under SEQRA for the proposed addition, as requested. The motion was seconded by Member Nick Renzi, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #62 of 2010. FEB 2 2 211 (T) Cortlandville Planning Board Regular Meeting Minutes 28 December 2010 A motion was then made by Member Chris Newell to approve the Conditional permit for the proposed addition to an existing building, as requested. The motion was seconded by Member Nick Renzi, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #63 of 2010. Steve Terwilliger. Avvlicant/John McGee. Revuted Owner - NYS Route 13S - TM #105.00- 01-44.000 - Subdivision. Site Plan & Aquifer Protection District Permit - Prov_ osed Office Building Chair Wickwire acknowledged that there was no applicant nor representative present to inform the Board of what's being proposed, or to answer any of the Board's questions. A motion was made by Member Newell to postpone these applications until such time as the applicant or a representative can be present. The motion was seconded by Member Elizabeth Ambrose, with the vote recorded as follows: Ayes: Chairperson Wickwire Nays: None Member Newell Member Renzi Member Bugh Member Ambrose Motion carried. This becomes Action #64 of 2010. OTHER MATTERS Discussion of Flood -Prone Areas Chair Wickwire acknowledge receipt of a letter from County Planning Director Dan Dineen stating that County Planning is developing a list of flood -prone areas in the County that they may not be aware of. She read aloud the letter. PZO Weber added that they may be looking for areas outside of the flood map areas. Member Renzi felt that this Board is not really equipped to answer this matter. PZO Weber suggested that Chair Wickwire contact Mr. Dineen to clarify what is needed from this Board. Discussion of Memo from Pat Reidv re Walmart Member Renzi reported he had received an email from Town CEO Tom Williams who informed him that Walmart had published their first report on the sampling wells at their Supercenter site. Member Renzi stated that he talked with Pat Reidy of County Soil & Water and asked him for his assessment of that report. Sampling frequency was discussed, and Mr. Reidy stated he would summarize the results and provide a copy to all interested parties; he saw no problems at this point. Discussion of Walareens PZO Weber reported that _tests had been conducted this past Wednesday and Thursday on each element of their stormwater management system to determine where the greatest leakage was. A representative from Clough Harbour was present and will be generating a report on the results. Page 2 of 2 0 FEB 2 2 2011 �S (T) Cortlandville Planning: Board Regular Meeting, Minutes .28 December 2010: . ' Discussion of Provosed Alternate Town Planning Board Member (At the October and November Planning -Board meetings, the Board discussed having an alternate Board member whoa would assume a seat on the Board=only if a regular member. was absent. Reference is made to those Minutes for details.) At this meeting, Member Newell felt that. the criteria for the:position, :as set forth in. writing by Member Renzi on 12 / 1110, was fine, but he could not imagine where: an alternate would make a difference.. He thought it would be very rare where someone would sit in on a meeting and get paid for it. So whowould want to do all the research necessary and come to a Board meeting, yet might. only be .needed once or twice a year; even : then; a quorum has always been present.. Member Renzi- agreed this was not an "iirgent" matter, but he thought the Board should discuss Town Attorney. Folmer commented that,-- based on previous history, the Board has not demonstrated a need for an alternate; - however; - the Town Board will consider this position if recommended by the Planning Board. After considerable discussion, PZO .Weber asked the Board if they "really .want to have an alternate member? That's what should be: considered first. You have the ability to establishsomething that,. overall, would be of benefit to the .Board." Attorney Folmer said- the Town had the funds to- do so, and they would also establish the parameters. _ Chair Wickwire -thought that Member Renzi's written definition of the alternate position was good; however, she did not think it was needed. At the conclusion of:a lengthy discussion, a motion was made by Member Renzi. that the Town Planning Board recommends to the Town Board that they .consider establishment of an Alternate Member position on :the Town Planning Board with the following description_ , responsibilities, and compensation: (1) Serves as. an alternate in the case ' of an absence of a Y regular member or' if a regular member recuses 'him/herself, (2) Alternate Member must conform to the training requirements for Planning Board members as defined by New York State; (3) Alternate: Member receives and reviews all Planning Board minutes in .order to keep abreast of Planning Board activities, (4) Alternate Member is responsible to become familiar with aspects of Planning Board activities and duties by:reading "The Short Course: A Basic Guide for Planning Boards and Zoning Boards of Appeal:in New York State," published by the NY Planning Federation, (5) Alternate Member actively participates in Planning Board meetings when participating :as an alternate, and .(6) the Alternate Member shall be co_ mpensated for all meetings he/she actively participates in while acting as an alternate for a member who is- absent/recused. The motion was seconded by Member Newell, with the vote recorded as follows: Ayes: Member Newell Nays: Chair Wickwire Member Renzi Member Ambrose Member Bugh Motion carried: This becomes Action #65 of 2010. ADJOURNMENT At 8:12 p.m., a motion to adjourn the meeting was made by Member Newell, seconded by Member Ambrose, .with all members present voting in the affirmative. Page 3 of 3 ATTENDANCE SHEET (T) CORTLANDVILLE CK NNING BOARDS MEETING OF:/L _ (Your attendance is recorded in the meeting Minutes.) PRINTED Name: Representing/ Regarding: Complete Address: l U' PLANNING BOARD Meeting Only