HomeMy WebLinkAbout2013.INDEX OF ACTIONS - 201.3
(T)CORTLANDVILLE PLANNING -BOARD
-MEETING
,4 ;r DATE I ACTION NO. I DESCRIPTION 1 PAGE NO.
1/29/1.3 1 APPROVED MINUTES OF 18 DECEMBER 2012 PLANNING BD. MEETING, as
'submitted.'--
2.
submitted. --2. STEVE TERWILLIGER,- APPLICANT/JOHN ,McGEE, REPUTED OWNER - NYS.
Route 13 So. - TM '#105.00-01-4.4.000 = APPROVED Access Road Concept as
submitted.
3 STEVE TERWILLIGER, APPLICANT/JOHN McGEE; REPUTED OWNER- - NYS
Route 13 So..- TIVI #105.00-01-44.000 - Revised Site -Plan for access road off
NYS Route 13 APPROVED.
NO ACTION BYRNE DAIRY. - CORTLANDVILLE FACILITY NYS Route 13 (Finger Lakes
TAKEN East Business Park) - SKETCH PLAN CONFERENCE held for proposed
manufacturing facilities,- agri-tourism center, lodge, etc.
NO ACTION BOHLER ENGINEERING, PRESENTER - 840 NYS Route 13 (Golden Skillet Site
TAKEN @ -Cortlandville Crossing) - SKETCH PLAN CONFERENCE held to review
Concept Plan for proposed Auto Service Facilities (5900± SF) & Retail Sales Area
(900± SF).
4 JOSEPH & KATHY EGGLESTON, APPLICANTS/REPUTED OWNERS - 3634 South Hill
Road (McGraw) - Part of TM #98.00-04-17.000 - Two -Lot Subdivision APPROVED as
requested. I`
6 "L
NO ACTION REVIEW ' OF PROPOSED- LOCAL LAW FOR WIND ENERGY FACILITIES. (T)C'ville
TAKEN Planning Board to prepare individual comments for 26 February 2013 meeting.
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7. F itch, Board Secretary
Emailed to: Karen/Kris, TB, JO, JF, DA, JBF, BW & TW on 1/30/13. JEF
INDEX OF ACTIONS - 2013
(T)CORTLANDVILLE PLANNING BOARD
�EETING 1
DATE I ACTION NO. DESCRIPTION 1 PAGE NO.
2/26/13 5 APPROVED MINUTES OF 29 JANUARY 2013 PLANNING BD. MEETING, as corrected.
(under "Other Matters - Wind Energy Facilities - Local Law - second paragraph on page 5
of 7, delete the word "them" and insert the words "to the Wind Turbine Task Force" in its
place, making the sentence read: Town Attomey Folmer reminded the Board that the
charge given to the Wind Turbine Task Force by the Town Board was to "draft a proposed
Local Law that would allow the placement of wind turbines in the Town in a reasonable
safe basis.')
6 BYRNE DAIRY, INC., APPLICANT/REPUTED OWNER - Finger Lakes East Drive - TM #s
105.00-03-15, 16, 17, 18, 20, 21, 24, 25, 26 & 27 - Applications for Site Plan Approval and
an Aquifer Protection District Special Permit sent to the Cortland Co. Planning
Department for their review.
7 PATRICK JOHNSON, APPLICANT/REPUTED OWNER - US Route 11 - TM #87.00-03-08
- Subdivision of Land APPROVED as requested.
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8 DANIEL J. FREELOVE, APPLICANT/REPUTED OWNER - 3550 Loope Road - TM
#97.04-01-03.000 - Negative Declaration under SEQRA for proposed Auto Repair Shop.
ILII
9 DANIEL J. FREELOVE, APPLICANT/REPUTED OWNER - 3550 Loope Road - TM
#97.04-01-03.000 -Conditional Permit APPROVED for proposed Auto RepairShop with
maximum of six (6) vehicles onsite, and incorporating Items #1 thru 7 of the Cortland Co.
Planning Board's Resolution No 13-04 dated 13 February 2013.
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10 JESSE HICKS, APPLICANT/DAVID, HERBERT & JESSE HICKS, REPUTED OWNERS -
4141 Hicks Hill Rd. (McGraw) - TM #88.00-01-33.210 - Subdivision of Land APPROVED
as requested.
NO ACTION LIME HOLLOW NATURE CENTER, INC., APPLICANT- Gracie Road - TM #105.05 -01 -
TAKEN 13.11 - Sketch Plan Conference held for proposed Environmental Education Center.
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11 CNY POWER SPORTS, APPLICANT/DAVID LAW, REPUTED OWNER - 3871 US Route
11 - TM #87.000-04-04.000 - Conditional Permit for Used Oil Storage POSTPONED until
26 March 2013 meeting to allow applicant/rep to be present.
12 RE PROPOSED WIND TURBINE LOCAL LAW. Send reports generated by Michael
Barylski, Victor Siegle, and Town Planning Board members, along with proposed
revision of the proposed Local Law, to the Cortlandville Town Board and the Wind I�
Turbine Task Force for their review and determination_of the next course of action.
�
Joa . itch, BoardfcSecre& ry�t
• Emailed to: Karen/Kris, TB, JO, JF, DA, JBF, BW & TW on 2/27/13. JEF
INDEX OF ACTIONS - 2013
(T)CORTLANDVILLE PLANNING BOARD
MEETING
DATE ACTION NO. DESCRIPTION 1 PAGE NO.
3/76113 13 APPROVED MINUTES OF 26 FEBRUARY 2013 PLANNING BD. MEETING, as
submitted. zl`
14 BYRNE DAIRY, INC., APPLICANT/REPUTED OWNER - Finger Lakes East Drive - TM #s
105.00-03-15, 16, 17, 18, 20, 21, 24, 25, 26 & 27 - Phase 1 of submitted Site Plans for
proposed multi -phased dairy product manufacturing and agri-tourism facility APPROVED,
incorporating Items 1 thru 13 of the Cortland Co. Planning Board's Resolution 13-08 dated z
20 March 2013.
15 BYRNE DAIRY, INC., APPLICANT/REPUTED OWNER - Finger Lakes East Drive - TM #s
105.00-03-15, 16, 17, 18, 20, 21, 24, 25, 26 & 27 - m Cortlandville Planning Board
recommends to the Town Board that they issue an Aquifer Protection District Special 7 -
Permit and act as Lead Agency under SEQRA.
16 LIME HOLLOW NATURE CENTER, INC., APPLICANT/REPUTED OWNER - 3277 Gracie
Road - TM #s 105.05-01-13.11 & 12.11 - Applications for Conditional Permit and
AquiferProtection District Special Permit for proposed Environmental Education Center 2_(0
SENT TO CORTLAND CO. PLANNING DEPARTMENT for their review.
17 CNY POWER SPORTS, APPLICANT/DAVID LAW, REPUTED OWNER - 3871 US Route
11 - TM #87.000-04-04.000 - Conditional Permit for Used Fuel/Vegetable Oil Storage
POSTPONED until 30 April 2013 meeting to allow applicant to provide requested Z(
information.
18 GEOFFREY TYRRELL, APPLICANT/FAITH FROST, REPUTED OWNER - 3561 Page
Green Road - TM #96.00- 01-23.000 - Two -Lot Subdivision of Land POSTPONED until 30 2-7 7
April 2013 meeting to allowapplicant/rep to provide requested information.
19 JOHN BARDEN, REPUTED OWNER, dba FASTLANE AUTO - 1799 NYS Route 13 - TM
#77.00-01-34.000 - Subject property to be brought into compliance with the Conditional
Permit within 7 days, and kept that way. Failure to do so will result in the Planning 2-7
Board holding a Public Hearing at their 30 April 2013 meeting for the purpose of reviewing
said Conditional Permit.
20 The Cortlandville Planning Board IS NOT IN AGREEMENT with the Cortland County
Planning Board's recommendations regarding the proposed Wind Turbine Local Law. Zg
P
Joa .. Hfci i, BoardSecretary
Emailed to: Karen/Kris, TB, JO, JF, DA, JBF, BW & TW on 3/27/13. JEF
INDEX OF ACTIONS - 20:13
(T)CORTLANDVILLE'PLANNING BOARD
MEETING
DATE
ACTION -NO.
DESCRIPTION
PAGE NO.
4/30/13 NO.ACTION
LIME HOLLOW NATURE CENTER, INC., APPLICANT/REPUTED OWNER -
.. TAKEN-
= 3277 Gracie Road:=- TM #s 105.05-01-13.11 &:12:11 - Applications for Conditional
Permit and AquiferProtection District Special Permit for proposed Environmental
Z�
Education Center REMOVED FROM AGENDA at request of applicant.
21
GEOFFREY TYRRELL, APPLICANT/FAITH:FROST, REPUTED .OWNER _ 3561
Page Green Road - TM #96.00-01-23.000 - Two -Lot Subdivision of Land_.
zq
= APPROVED as requested.
22
CNY POWER SPORTS, APPLICANT/DAVID LAW, REPUTED OWNER .- 3871
US . Route 1.1 - TM . #87.000-04-04.000: - Conditional Permit for Used
_
Fuel/Vegetable Oil'Storage.APPROVED as requested.
23 .
NANCY McMAHON, APPLICANT/FARMINGTON:LAWN.CARE, INC., REPUTED
"=
OWNER - 980 NYS Route 13 - TM #96.13-01-05.000 Conditional Permit for
:proposed: Cortlandville: Farmer's Market.: APPROVED from : May :.:1st: thru:
30
November 15th, with maximum of twelve (12) vendors placed as shown on the
drawing submitted with the application.
• r.
Joar`_1tch, Board -Secretary
Emailed to: Karen/Kris, TB, JO, JF, DA,:JBF, BW & TW on 5/1/13. JEF
`IEETING
DATE I ACTION NO.
INDEX OF ACTIONS - 2013
(T)CORTLANDVILLE PLANNING BOARD
DESCRIPTION
5/28/13 NO LIME HOLLOW NATURE CENTER, INC., APPLICANT/REPUTED OWNER - 3277 Gracie
ACTION Road - TM #s 105.05-01-13.11 & 12.11 - Applications for Conditional Permit and
TAKEN AquiferProtection District Special Permit for proposed Environmental Education Center
NOT ACTED UPON. Applicant to bring in Final Map.
24 CNY POWER SPORTS, APPLICANT/DAVID LAW, REPUTED OWNER - 3871 US Route
11 - TM #87.000-04-04.000 - Conditional Permit for two 30 ft. by 300 ft. self -storage units
APPROVED as requested, conditioned upon receipt of sample lease agreement and
Stormwater Pollution Prevention Plan as recommended by Cortland Co. Planning Board in
their Resolution No. 13-19 of 15 May 2013.
25 JAMES & MICHAEL REENERS, APPLICANTS - Vacant land at top of Commons
Avenue - TM #s 86.09-01-07, 17, 21, and 22.200 - Zoning Change to develop site
as an independent senior living community FORWARDED TO TOWN BOARD
AND LAND USE COMMITTEE WITH NO RECOMMENDATION AT THIS TIME.
IPAGE NO.
�33
26 RICK SMITH (dba Happy Auto Detailing), APPLICANT/PROP, INC., REPUTED
OWNER - 3901 West Rd. (NYS Rte. 281) - TM #86.17-01-02.111 - Conditional
Permit for 20' by 30' tent APPROVED as requested from April 1st thru October
31 st.
27 KEVIN MARLATT, APPLICANT/ROBERT SWEENEY, REPUTED OWNER 33
-
4354 Sweeney Road - TM #75.00-03-04.000 - Lot Line Adjustment APPROVED
as requested, with subdivided parcel to be combined by deed description with
adjacent Marlatt property. :3q
NO ACTION JOHN BARDEN, REPUTED OWNER, dba FASTLANE AUTO - 1799 NYS Route
_ TAKEN 13 - TM #77.00-01-34.000 - Non-compliance with original Conditional Permit
reviewed with Mr. Barden and his attorney, Larry Knickerbocker, who were asked
to come back before the Board with a detailed plan showing exactly what he is
requesting. Attorney Knickerbocker stated they would come back to June
meeting.
3LI
28 SCOTT STEVE, APPLICANT/GILBERT KOZER, REPUTED OWNER - 4245
Kinney Gulf Road - TM #85.00-01-22.110 - Subdivision of 5.045± acre lot from
main parcel is APPROVED as requested.
3S
�./ Joa . itch, Board'Secre�ary
Emailed to: Karen/Kris, TB, JO, JF, DA, JBF, BW & TW on 5/29/13. JEF
INDEX OF ACTIONS - 2013
(T)CORTLANDVILLE PLANNING BOARD
. JEETING
DATE I ACTION NO.- I DESCRIPTION l PAGE NO.
6/25/13 29 APPROVED MINUTES OF 3/27, 4/30 & 5/28 PLANNING BOARD MEETINGS,
as submitted. 3(o
30 LIME HOLLOW NATURE CENTER, INC., APPLICANT/LEE WEBSTER,
REPUTED OWNER - 3269 Gracie Road - TM #105.05-01-12.100 - Lot Line 36
Adjustment APPROVED as requested.
31 LIME HOLLOW NATURE CENTER, INC., APPLICANT/REPUTED OWNER -
3277 Gracie Road - TM #s 105.05-01-13.11 & 12.11 - Conditional Permit for 3-7
thru
Environmental Education Center APPROVED, incorporating Items 1
thru 8 of the Cortland Co. Planning Board's Resolution No. 13-11 dated 17 April
2013:
32 LIME HOLLOW NATURE CENTER, INC., APPLICANT/REPUTED OWNER -
3277 Gracie Road - TM #s 105.05-01-13.11 & 12.11 -.(T) Cortlandville Planning
Board recommends to the Town Board that they issue an Aquifer Protection 37
District Special Permit and act as Lead Agency under SEQRA for proposed
Environmental Education Center.
33 JOHN BARDEN, REPUTED OWNER, dba FASTLANE AUTO - 1799 NYS Route
13 - TM #77.00-01-34.000 - Review of Conditional Permit POSTPONED until the
30 July 2013 meeting of the Town of Cortlandville Planning Board. 3$
34 DICKEY'S BBQ, APPLICANT/SMS MOTOR SPORTS, LLC, REPUTED OWNER
- 1346-1344, Carroll Street - TM #76.19-01-32.120 - Conditional Permit 3
APPROVED for food trailer from 8 July thru 13 July 2013, 10 AM until dusk.
In
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Joa itch,i Board'Secrefary
l~ Emailed to: Karen/Kris, TB, JO, JF, DA, JBF, BW & TW on 6/27/13. JEF
INDEX OF ACTIONS - 2013
(T)CORTLANDVILLE PLANNING BOARD
MEETING 1
DATE I ACTION.NO. DESCRIPTION
7/30/13 35 APPROVED MINUTES OF 25 JUNE 2013 PLANNING BOARD MEETING, as
submitted.
36 JOHN BARDEN, APPLICANT/REPUTED OWNER, dba FASTLANE AUTO -
1799 NYS Route 13 - TM #77.00-01-34.000 - Review of Conditional Permit
POSTPONED until the 27 August 2013 meeting of the Town of Cortlandville
Planning Board, as requested by the applicant's attorney.
37 USED CAR KING, LLC, REPUTED OWNER - 3861 MYS Route 281 - TM #86.17-
01-11.100 - The Town of Cortlandville Planning Board AGREES to act as Lead
Agency for the SEQRA review of this application (to allow for greater lot
coverage than allowed), as requested by the Town ZBA..
38 RICK SMITH, APPLICANT (dba Happy Auto Detailing)/PROP, INC., REPUTED
OWNER - 3901 West Rd. (NYS Rte. 281) - TM #86.17-01-02.111 - Conditional
Permit APPROVED for food sales (BBQ) from 31 July thru 17 August 2013, as
requested.
Joa ;iEh—,Bo4a!:k-dS-21eaj�
Emailed to: Karen/Kris, TB, JO, JF, DA, JBF, BW & TW on 8/1/13. JEF
PAGE NO.
14 9,
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q3
INDEX OF ACTIONS - 2013
(T)CORTLANDVILLE PLANNING BOARD
C.""hEETING
DATE ACTION .NO. DESCRIPTION
9/24/13 39 APPROVED MINUTES OF 25 JUNE 2013 PLANNING BOARD MEETING, as
submitted.
IPAGE NO.
45
40' JANE COMPAGNI TRUST, APPLICANT/REPUTED OWNER - 1646 Lighthouse
Hill. Road - TM 477.09-01=01.000 - Subdivision of Land APPROVED as 45
requested.
41 JOHN PARTIGIANONI, APPLICANT/REPUTED OWNER - 928 NYS, Route 13
(Cort -Lanes) _-TM #95.16-02-46.000 = Site Plan for proposed 40 ft. by 4.0 % y (o
expansion of Cort -Lanes APPROVED as requested.
42 STACY CRANDALL-JONES, APPLICANT/REPUTED ' OWNER - 1280 Fisher
Avenue -.TM #76.18-01-31.000 - Subdivision.of Land APPROVED as requested. 4(0
43 MARK & DENISE MITAL, APPLICANTS (via 8/29/13 letter to PZO)/REPUTED
OWNERS - Walden Oaks Subdiv. (PUD) "Church Parcel' - TM #105.08-02-
45.000 Town Planning Board RECOMMENDS to Town Board that they y
change parcel from public use to Residential.
44 RESCUE MISSION, APPLICANT/GATOR INVESTMENTS, REPUTED OWNER -
3654 NYS Route 281 (Cortlandville Plaza) - Request for Conditional Permit 4 '7
POSTPONED until 29 October 2013 meeting of the (T) Cortlandville Planning
Board to allow applicant rep to be present.
45 The .(T) Cortlandville Planning Board authorizes its Chair, -Kathy Wickwire, to
draft a letter to the County Legislature and the Town Board indicating the 417
taking of the position of what the 16 -acre parcel of -land discussed tonight should
be used for.
46- JOHN BARDEN, APPLICANT/REPUTED OWNER, dba FASTLANE- AUTO -
1799 NYS Route 13 - TM #77.00-01-34.000 - Public Hearing set for 29 October �} g
2013, 7:30 PM, for purpose of considering the.revocation of this Conditional
Permit.
Joa .;ilc6,�B'o�ir�d'S-e'::d:rel�—ary'
Emailed to: Karen/Kris, TB, JO, JF, DA, JBF, BVV & TW on 9/26/13. Rev. 10/24 & re -issued. JEF
INDEx OF ACTIONS - 20.13
(T)CoRTLAXDVILLETLANNI NG BOARD
�,`IIEETING _-
DATE ACTIONNO. DESCRIPTION
I PAGE No.
10/29113 -47 JOHN BARDEN, APPLICANT/REPUTED OWNER, dba FASTLANE AUTO 7
1799 NYS Route 13 - TM #77.00=01-34.000: - Public Hearing RECESSED until
7:30 PM on 17 -December 2013 pending receipt of a Revised Site Plan and
timetable for its impjerneintatian.
48 RESCUE MISSION, APPLICANT/GATOR INVESTMENTS, -REPUTED OWNER=
3654 NYS Route 281 (Cortlandville Plaza) :Request for Conditional Permit
POSTPONED until 26 November. -.2013 meeting of, the: (T)'Cortia'*ndville',.Pla'nning:
Board to allow applicant rep to explore alternatives.. as requested.
NO ACTION USED CAR KING, LLC,.REPUTED OWNER.- 3861 MYS Route 2.81 - TM #86.17 -
TAKEN D1-11.100.- Planning Board discussed storinwater,lot coverage, and gr6en-sipace
issues vy/engineer & attorney.
6_3
49.: DANIEL J. FREELOVE, APPLICANT/REPUTED OWNER -:3550 Loope Road -:
TM #97.04-01-03.000 - Conditional Permit for auto repair business GRANTED as.
long.as all ZBA and Cortland Co. Planning Board recommendations are met.
A,5 ...
50. CORTLAND COUNTY, APPLICANT/REPUTED., OWNER.: - 42.67-4272 Miller
Street -TM#76.19=01-55.000 - Subdivision of:Land APPROVED as requested.
51 LAND ESSENTIALS, INC., APPLICANT/REPUTED OWNER- 4316 US Route 11:
TM #.76.19-01;-1.9.120 - Subdivision of Land APPROVED as requested.
52
Z3
DAVID :ADAMS, APPLICANT/CONNIE TRISCARI, REPUTED OWNER = 985
NYS Route 13 *-: TM #95.16-01-12.000 - Conditional Permit APPROVED for
woodworking business, as requested, with review of Permit in 6 months if any
complaints have been received.
ANTHONY & PATRICIA DiGIOVANNA, APPLICANTS/REPUTED OWNERS
869 Wen Lane —.TM #s 86.16-01-05., 85.16-02-02.000 & 03.000 Lot Line
Adju:stnie-ntAPPROVED :as requested.'"
B
joar� itch', Board e c 4re a
Emailed to: Karen/Kris, TB,:JO, JF, D& JBF, BW & TW on 10/30/13. (R) 11/14/13 (#47) JEF
0
INDEX OF ACTIONS - 2013
(T)CORTLANDVILLE PLANNING BOARD
MEETING PAGE
DATE ACTION NO: DESCRIPTION - . ° NO.
12/1.7/13 54 APPROVED MINUTES OF 30 JULY, 24 SEPTEMBER, AND 29 OCTOBER
2013 PLANNING BOARD MEETINGS, as submitted.
6_1
55
JOHN BARDEN,. APPLICANT/REPUTED OWNER, dba FASTLANE AUTO -
1799 NYS Route 13 - TM #77.00-01-34.000 = Review of Revised Site Plan
POSTPONED until 28 January 2014 meeting.
56
RESCUE MISSION, APPLICANT/GATOR INVESTMENTS, REPUTED
OWNER - 3654 NYS Route 281' (Cortlandville Plaza) - Request for Conditional
Permit POSTPONED until 28 -January 2014 meeting of the (T) Cortlandville
Planning Board to allow applicant rep to explore alternate location, as
requested.
57
CLEARMIDEO, LLC, APPLICANT/REPUTED OWNER -3246 So: Cortland -
Virgil Rd. - TM #s 105.08-01-14 & 7'and 105.00-02-02 - Conditional Permit for
proposed gas station POSTPONED until 28 January 2014 meeting at request
of applicant's attorney, James Baranello.
yy
.. 58
GERALD R. & FAYANNE L. BELL, APPLICANTS/REPUTED OWNERS --1136
l
Blue Creek Road - TM #76.00-04-12.111 - Subdivision of Land POSTPONED
'
until 28 January 2014 meeting to allow applicant time .to submit requested
paperwork.
59
KEITH PACE, APPLICANT/REPUTED OWNER -.277 Tompkins Street - TM
#96.09-01-55.000 - Site Plan APPROVED for proposed addition, as requested.
&o
'Joa itcfi, Board Secretary
Emailed to:- Karen/Kris, Bd. Members, JBF, BW;TW & DC on 12/18/13: JEF
61
FEB - 7 2013
TOWN OF CORTLANDVILLE PLANNING BOARD
Minutes of Regular Meeting. - Tuesday, 29 January 2013 - 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
John M. Finamore
Applicants & Public Present
Steve Terwilliger, Applicant; Tim O'Brien for Bohler Engineering, Applicant; Scott Matukas, Jim
Gosier, Nick Marsella, & David Harding for Byrne Dairy, Applicant; Mack Cook, Forrest Earl (?),
Dianne Higgins, Glenn Reisweber, James Jr. & Kathy McKenna, Paul Allen, David Yaman, Michael
Barylski, Randy Young, . Paul Heider, Robert Beard, Victor. Siegle, Althea Heider,. Mecke Nagel,
Town Councilmen John Proud & Gregory Leach.
II 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 - 18 DECEMBER -2O 12
A motion was made'by Member John Finamore to approve the Minutes of the 18 December
2012 Planning Board meeting, as submitted. The motion was .seconded. by Member Chris
Newell, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Finamore Absent: Member Ambrose
Motion carried.
This becomes Action # 1 of 2013.
OLD BUSINESS
Steve Terwillieer. Applicant/John McGee. Reputed Owner - NYS Route .13 So. - TM #105.00-
01-44.000 - Subdivision; Site Plan Approval; and Aquifer Protection District Special Permit =
Proposed Office Building (REVISION TO EXISTING APPLICATION]
(Reference is made to the ' 27 November and 18 December 2012 Minutes of this Board for a
chronology of what has transpired on this project.)
Chair Wickwire recognized the applicant who handed out an annotated copy of the Cortland
County Planning Department's memo to the Cortland County Planning Board dated 14 January
2013 to Board members who were present. The applicant's engineer, he stated, had responded to
each of the County's recommendations as highlighted in yellow. Chair Wickwire, as affirmed by
PZO Weber, then clarified what Mr. Terwilliger was seeking: (1) approval of the Revised Site Plan
r _ for a proposed office building/ subdivision submitted'at the 12/28/ 10 meeting of this Board. The
Revised Site Plan is now only for the access drive from NYS Route 13 into the subject parcel, as
per the drawing submitted which was forwarded to the Cortland County Planning Department for
their review at the 18 December 2012 meeting and (2); this Board's approval of the concept for a
proposed access road which ran along the rear of the subject property, entering off Webb Road in
Page 1 of 7
N
FEB - 7 2013
(T) Cortlandville Planning Board Regular Meeting Minutes 29 January 2013
the neighboring Town of Virgil and proceeding along the McGee property in Cortlandville. Member
Newell commented that the Conceptual Plan was fine.
A motion was then made by Member Newell to approve the access road concept as
submitted. The motion was seconded by Member Nick Renzi, with the vote recorded as
follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Finamore Absent: Member Ambrose
Motion carried.
This becomes Action #2 of 2013.
The Board then considered the Revised Site Plan for an access road/drive from NYS Route 13 into
the subject parcel. The plan was revised, according to the applicant, because of site distances.
The proposed entrance was now at its "optimum" location.
With no further discussion, a motion was made by Member Newell to approve the Revised Site
Plan for the access road off NYS Route 13. The motion was seconded by Member Finamore,
with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Finamore Absent: Member Ambrose
Motion carried.
This becomes Action #3 of 2013.
NEW BUSINESS
Bvrne Dairy - Sketch Plan Conference for Proposed Manufacturing Facilities. Agri -Tourism
Center. Lodge. Etc. - 840 NYS Route 13 (Finger Lakes East Business Park)
Chair Wickwire recognized Jim Gosier, General Counsel for Byrne Dairy, who introduced David
Harding, Registered Landscape Architect from QPK Design, LLP; Scott Matukas, Chief Financial
Officer of Byrne Dairy; and Nick Marsella, Chief Operating Officer of Byrne Dairy.
Mr. Gosier stated that Byrne Dairy has entered into an option agreement with Cortland County
IDA for purchase of a portion of the Finger Lakes East Business Park as shown on the Overall
Master Plan displayed for the Board, as well as the Osbeck farm on Route 13. A Project
Narrative, dated 17 January 2013/QPK Design, was also included in the information packet
received by all Board members, a copy of which has been placed on file for the record and is
attached to these Minutes (Attachment "A").
Mr. Gosier explained that Byrne wants to bring in the public to "see what we do and how we do it."
He explained Phase 1 of the construction: retaining/ refurbishing of the Osbeck farm (to give the
experience of a working dairy farm), the manufacturing plants, and the Visitor's Center (40,000 SF
yogurt plant, 10,000 SF cheese plant, 10,000 SF Visitor's Center). Decorative windmills are
proposed for the Osbeck farm, like the old farm windmill. Parking spaces were described, as well
as areas for future expansion. Phase 2 would be for the proposed expansion of the yogurt plant
and construction of a refrigerated warehouse. A four -suite "lodge" is proposed for the northwest
portion of the property to handle in-house conferences/ meetings and visiting dignitaries. They are
also proposing an outdoor entertainment venue along the northerly line (indicated as an
amphitheater). It would be a concrete pad where a temporary stage would be erected "a couple of
times a year" to entertain the community. They will construct wastewater pre-treatment facilities
for treatment of by-products (fats and solids) generated by the plants.
Page 2 of 7
FEB - 7 2013
03
(T) Cortlandville Planning Board Regular Meeting Minutes 29 January 2013
According to Mr. Gosier, a traffic light at the main intersection with NYS Route 13 is being
l- proposed; they are in the process of discussing with the NYSDOT. He also reported that they
would have results of a traffic study by the middle of February.
Member Newell asked if the applicant had a timetable; Mr. Gorier stated that they would like to
have their Site Plan ready for this Board's February meeting. Also, a variance may be needed for
the decorative windmills. He said that they wanted to be "in the ground by June 1st.
Member Finamore asked about truck traffic into the site. Mr. Gosier commented that, in Phase 1,
they estimated 2.1 bulk tankers of milk per day. After another expansion of the facilities, it is
estimated 8 per day. Supply trucks come in once a day and will carry out fmish product twice a
day. Trash trucks visits once a week; bulk tanker for sludge removal comes twice a week. When
fully operational, the plant will employ from 50 to 75 persons, most of them being new hires. If
there's an event at the proposed amphitheater, there could be 1,000± visitors. Overall
expenditures, he stated, total around $23 million.
Mr. Gosier explained that they had talked with Lime Hollow Nature Center about their concerns,
and it has been a "very constructive dialogue."
Member Renzi had some questions about the stormwater management system which were
answered by David Harding. Member Renzi requested that specific details (landscape plans,
lighting plans, stormwater management and maintenance program, etc.) be shown on the site
drawings. When asked by Member Renzi if they would be using chlorinated municipal water or
de -chlorinated (by their own process), they answered both.
Chair Wickwire commented the applicant's representatives for what was being planned. She
advised that they make sure there was enough parking, especially for the proposed amphitheater.
_ Details of the amphitheater, according to Mr. Gosier, are not high on the priority list. Member
Renzi asked if the buildings to be constructed would be built to LEED standards. Mr. Gosier
responded possibly to LEED standards, but not LEED certification. They will be as "green as
possible."
PZO Weber asked about pedestrian traffic, asking the reps to take a look at this as they develop
their plans. Mr. Gosier stated they were considering creating a crosswalk from their facility to the
proposed Best Western across the main road. They have not, however, had any discussion with
the hotel owners.
No Action Taken.
Bohler Eneineering. Presenter - 840 NYS Route 13 (former Golden Skillet) - Sketch Plan
Conference for Proposed Auto Service Facilitv & Retail Sales Area
Chair Wickwire recognized Tim O'Brien of Bohler Engineering who advised that they their client
was looking at the former Golden Skillet site to construct an 8 -bay auto service center (5900± SF)
which would also contain a 900± SF retail sales area, as shown on the Concept Plan dated
1/20/13 provided to the Board. Thirty parking spaces were proposed, along with a loading area,
and a dumpster enclosure. It is planned to connect to the Walmart site.
Member Newell asked if the proposed tenant was a major chain, and Mr. O'Brien responded yes.
Member Newell commented that some of these major chains erected garish -looking buildings and
signs; the.Town has been attempting to make new facilities more aesthetically pleasing. Chair
Wickwire commented that the neighboring Walmart did not put in an auto service facility due to
the location of the Town's aquifer. Protecting the aquifer is of major concern to the Town. Mr.
O'Brien stated that the proposed business would be "mainly tires, some service, no service pits."
There will be no outside storage. Regarding truck traffic, Mr. O'Brien said there may be one box
truck per day and one tractor -trailer per week.
Page 3of7
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(T) Cortlandville Planning Board Regular Meeting Minutes
29 January 2013
Member Renzi stated he would like to see the eight overhead doors faced away from Route 13.
Chair Wickwire agreed and commented that landscaping and the exterior look of the proposed
building are very important to the Board.
Town Attorney Folmer added- that the Town Board has been approached for Aquifer Protection
Permits for gas stations in that area and three have been turned down in the IA area. He also
updated Mr. O'Brien on the status of the fire -damaged Golden Skillet building which is about to be
demolished. The Town, he stated, now has the ability to enter the subject property and "destroy
that building." "That may happen," he said.
Member Renzi informed Mr. O'Brien that Walmart, in its Site Plan approval phase, agreed to rotate
their building on their site, as requested by this Board; the same should be done here. He also
reminded Mr. O Brien about the required size of parking spaces: 10 ft. by 20 ft.
In conclusion, Mr. O'Brien stated that he would be coming back with more details: investigation of
aquifer permit, aesthetics of the building, signage, boundary line survey, etc.
No Action Taken.
Joseph & Kathv Eggleston. Applicants/Reputed Owners - 3634 South Hill Road (McGraw) -
TM #98.00-04-17.000 - Two -Lot Subdivision
Chair Wickwire acknowledged that the applicants were not present; however, since it was a simple
subdivision, the Board agreed to act on the request. A letter accompanying the application and
map indicated that the Eggleston's wished to subdivide a 5± -acre lot (which contains a mobile
home) off from the main parcel. The mobile home will be removed and a new home constructed in
its place for the Egglestons.
With no discussion, a motion was made by Member Renzi to approve the subdivision of land
as requested. The motion was seconded by Member Finamore, with the vote recorded .as
follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Finamore Absent: Member Ambrose
Motion carried.
This becomes Action #4 of 2013.
OTHER MATTERS
✓ Wind Energv Facilities - Local Law - Chair Wickwire stated that the Board had a lot to
look at, as listed on Attachment B of these Minutes. They discussed other ordinances
from other municipalities and also from various websites. Chair Wickwire talked about
the 490± ft. height of the proposed wind turbines—equal to the height of a 507story
building. She thought that setback distances and height should be looked at. Board
members should each write a report giving their recommendations regarding. this, and
provide same at the 26 February meeting. She thanked Member Finamore for already
providing his comments. Member Renzi read aloud an email he had received from the
Chair of a Montville, ME Committee who investigated/ authored their Wind Turbine
Generator Ordinance. He stated their ordinance was very good. Member Renzi stated
that the Rensselaerville Local Law, etc., he received via email from Mr. Siegle was even a
step beyond that and should be reviewed. There was a lot of thought and research put
into these two municipality's regulations; they were extremely thorough. Attachment B,
"Reference Documents ..." was prepared by Member Renzi for everyone's use in making
Page 4 of 7
FEB -72013
(T) Cortlandville :Planning. Board Regular Meeting Minutes ..29 January 2013 -
their comments regarding the Town's proposed local law. - Mike .Barylski ,commented
that the turbines should .have a height limit because of an aviation hazard. He :added
that he was very encouraged by this Board's discussion. Chair Wickwire thought the
Board should consider that "years down. the road .these may be dinosaurs, and not what
wind power will eventually be." Mecke Nagel spoke regarding regulations and setbacks
in Germany. She reported that local attorney: Lee Miller had .prepared a- list of 70-.80
questions the Board should consider and would provide it to -Chair Wickwire via email
thru Victor.:Siegle.
Town :Attorney Folmer reminded the .Board that the charge .given . them by the- Town
Board was to "draft a proposed Local Law that would allow the placement of wind
turbines in the Town in _a reasonable, safe_ basis." Member Renzi thought this was the
"wrong charge:"
County Planning's comments were briefly. discussed. Chair Wickwire concluded the
-review by thanking everyone for their input:
✓ Golden Skillet Site - NYS Route 13 = Town Attorney Folmer provided the Planning:
Board with an. update on the pending demolition of this fire -damaged building,
.including notifications issued and received; required waiting- periods, -assignment of
demolition costs, etc., related to this "eyesore." He added.that "it will be gone within 48
hours of an "order to.demolish."
ADJOURNMENT
- _ At 9:05 p.m., a motion to adjourn the meeting was -made by Member Renzi, seconded by Member
Finamore, with all members present voting in the affirmative.
E. Fitch, Board Secretary E-mailed to Town, KW, JMF, CN,
EA, NR, JF & BW on 2/6/13.
Page 5 of 7
y
(T):Cortlandirille'Planning.Board Regular Meeting Minutes
FEB 7.7 2013
.:29 January 2013
ATTACHMENT A
■
QPK •
DESIGN I1P
ARCHITECTURE
ENGINEERING
SRE & PLANNING,
Cortlandville Planning Board
Re: Byrne Dairy Cortlandville Facility
Finger. Lakes Easi Business:Park
NYS Rt. 13,:eortlandvllle NY
January 17;2013
Protect Narrative
Per the attached concept plans, the proposed Byrne Dairy Cortlandville Facility project includes'dairy product
manufacturing facilities, an agritou[i5m.ienter and lodge. The agritourism center will include a retail component,
Interactive tours of thedairy plants and associated facilities. The proposed development has been arranged to
accommodate future potential expansion of manufacturing facilities. The plan proposes.to consolidate several
;parcels on, the south side of the lobp drive including the. Osbeck parcel. '
Three new buildings,are proposed. The main building, which (ndudes a yoghurt plant, cheese plant and ..
agritourism center, will be no more than 40' in height and associated silos will be less than 90' in height. A'small
wastewater treatment building and associated'siios lest hah 90' in height are proposed adjacent to the yoghurt
plant. Additionally, a lodge for vislting business associates is proposed at the northwest corner of the site near
the existing"bog.
5everal buildings on the Osbeck property will be renovated, eepurposed or demolished.. The original, portion of the
ba.m.and silos-wili be renovated to serve as a proposed dairy barn. Tlie main house' -will
renovated or rebuiftto
serve as the caretaker's house. All'otherbutbuildings in this area will be'demol{shed. The Route 13 frontage also
will include a facility Identification sign, fencing, and:decoratiVe windmills less than 90' imheight.
-A truck scale is proposed for inside of the loop:drive on the west side of the property. An open-air amphltheater
with lawn seating is proposed on the northern portion of the site. A'level crushed stone pad;will be constructed to
provide a level area for temporary stages.
450 South Saline Street P.O. Box 29 . Syracuse NY.13261-0029 Tel 915.472.7806 Fax 315.472.7800 www:gpkdeslgr1.com
Page 6 of 7
FEB 7 -2013
(T).Cortlandville:Planning Board Regular Meeting Minutes :29 January 2013
~ m ATTACHMENT B
REFERENCE DOCUMENTS
USEFUL IN REVIEWING THE PROPOSED LOCAL LAW
FOR
WIND ENERGY FACILITIES
1. CORTLANDVILLE PROPOSED LOCAL LAW FOR WIND ENERGY FACILITIES 12-3-1-2
2: CORTLAND COUNTY PLANNING DEPARTMENT REPORT ON THE PROPOSED LOCAL
LAW DATED -12=10-12. REFERENCE PLANNING BOARD REPORT RESOLUTION N0: 13=01
-DATED 1-16-13.
3. 'TOWN OF MONTVILLE WIND TURBINE .GENERATOR ORDINANCE DATED MARCH 2010.
4. WEB SITE www.MontvilleWind.org AVAILABLE UNTIL FEBRUARY 15, 2013. CONTAINS_
BACKGROUND FOR THE ORDINANCE THAT WAS APPROVED BY THE TOWN.
EXCELLENT NARRATIVES ON HOW SET BACK (5 -PAGES) WAS. ESTABLISHED, NOISE
LIMITS (7 PAGES) AND MEASUREMENTS. CONTAINS BIBLIOGRAPHY (7 PAGES) IN
SUPPORT OF THE ORDINANCE. ALSO HAS VIDEO FOR THIS SUBJECT AS
�1 EXPERIENCED BY NEARBY TOWNS.
5. VICTOR SIEGLE LETTER OF JANUARY 22, 2013
6. PAUL HEIDER LETTER OF JANUARY 18, 2013
7. REPORT TITLED -WIND TURBINE NOISE, SLEEP AND HEALTH -BY DR. CHRISTOPHER
HANNING
8. GOOGLE SEARCH INPUT WIND TURBINE DIMENSIONS
9. GOOGLE SEARCH INPUT WIND TURBINE HEALTH ISSUES
10. VICTOR SIEGLE E-MAIL OF JANUARY 29, 2013 RE RENSSELAERVILLE LOCAL LAW,
COMPREHENSIVE PLAN COMMENTS AND WIND POWER. COMMITTEE
RECOMMENDATIONS REPORT FOR INDUSTRIAL WIND POWER.
Page 7 of 7
_ CORTLANDVILLE
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• 41
NIAR 1 9 2013
TOWN OF CORTLANDVILLE PLANNING BOARD
Minutes of Regular Meeting - Tuesday, 26 February 2013 - 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 RenziJohn Folmer, Town Attorney
Elizabeth Ambrose
John M. Finamore
Applicants & Public- Present
Attorney Jim Baranello for Patrick Johnson, Applicant; Daniel Freelove, Applicant; Jesse Hicks,
Applicant; Jim Gosier, Kurt Hackwelder & Nick Marsella for Byrne Dairy, Applicant; Forrest Earl for Lime
Hollow Nature Center; David & Marcia Hicks, Betsy Hicks, Michael Barylski, Paul Heider, Robert Beard,
Victor Siegle, Steven Moffitt, Shelly White, Janet Steck, Kevin Harris, George Elliott, Pat Reidy from
Cortland Co. Soil & Water; Town Supervisor Dick Tupper.
REGULAR MEETING
The Regular Meeting of the Town of Cortlandville Planning. Board was called to order by
Chairperson Katherine Wickwire at 7:38 p.m. She announced to those present that New Business
Agenda Item 3, Used Car King, had been removed due to denial of a variance by the Zoning Board
of Appeals who met immediately before this meeting.
APPROVAL OF MINUTES - 29 JANUARY 2012
Board members stated that a clarification needed to be made on -Page 5, second paragraph, under "Other
Matters - Wind Energy Facilities - Local Law." The word "them" should be deleted and replaced with "to
the Wind Turbine Task Force" to explain who "them" is. The corrected sentence would now read: Town
Attorney Folmer reminded the Board that the charge given to the Wind Turbine Task Force by the Town
Board was to `draft a proposed Local Law that would allow the placement of wind turbines in the Town in a
reasonable safe basis'."
A motion was made by Member Nick Renzi to approve the Minutes of the 29 January 2013
Planning Board meeting, as corrected. The motion was seconded by Member Chris Newell, with, the
vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Ambrose
Member Finamore
Motion carried.
This becomes Action #5 of 2013.
Page 1 of 16
,A,f; 1 9 2013
(T) Cortlandville Planning Board Regular Meeting Minutes
26 February 2013
OLD BUSINESS
Bvrne Dairv. Inc.. Avvlicant/Reputed Owner - 840 NYS Route 13 (Finger Lakes East Business Park),
- TM #s105.00-03-15, 16. 17, 18. 20. 21.;:24. 25. 26 & 27 = Site -Plan Review & Aquifer Protection
District Svecial Permit for Provosed Manufacturing_ Facilities. Agri -Tourism Center, Lodge. Etc.
Chair Wickwire recognized Jim Gosier, General Counsel for Byrne Dairy, who. introduced Kurt
Hackwelder from QPK Design, LLP; and Nick Marsella, Chief Operating Officer of Byrne Dairy.
Mr. Gosier stated that a Sketch .Plan Conference was held with this Board at their 29 January 2013
meeting. Reference 'is made .to those Minutes for details of this conference. He refreshed the Board
members' regarding what transpired regarding this 127± -acre site. Since the last meeting, he stated,
they have reconfigured the manufacturing plant by turning the cheese portion of the building by 900.
They have also modified the configuration of the loading docks for safety reasons, as shown on the
drawing displayed.
Chair Wickwire- then asked about the proposed windmills as depicted in the computer-generated photos
submitted to Board members. These windmills would be placed on the Osbeck-farm portion of this
facility. Chair Wickwire questioned their use and height. Mr. Gosier explained that they were proposing
seven (7) decorative windmills at four different heights -45 feet, 66 feet, 75 feet and 90 feet. He stated
they have applied to the ZBA for 'a variance. One of the windmills will be operating an aerator for the
proposed pond. They proposed to illuminate the blades, displaying different color lights to "establish a
landmark" and indicate "what's going on in the plant," e.g. yellow for "making -cheese -day." They will be
the "old-fashioned farm -type windmills."
Member Nick Renzi stated he had reviewed the subject drawings and submitted a list of comments to the
applicant and the Board (see Attachment A of these Minutes), some of which he went through with the
representatives. Mr. Gosier answered those questions posed. He also stated he will provide revised
drawings for County Planning. PZO Weber advised that their packets the Board has were already
submitted to County Planning; addendum sheets are all that is needed.
At the conclusion of this extensive discussion, a motion was made by Member Renzi to send the
applications to the Cortland County Planning Department for their review. The motion was
seconded by Member Newell, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Ambrose
Member Finamore
Motion carried.
This becomes Action #6 of 2013.
Patrick Johnson. Avvlicant/Revuted Owner - US Route 11 - TM #87.00-03-08 - Subdvision of Land
Chair Wickwire recognized Attorney Jim Baranello, representing the applicant who was seeking approval
to subdivide this 52± acre parcel, which lies on either side of the utility line, with 33.83± A. to be sold to
the Diescher Trust, and the remaining portion parcel north of I-81 to be sold to another purchaser. This
subdivision comes out of the entire 220± acre farm, all as shown on the maps accompanying the
application.
Page 2 of 16
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IeA'Ap, 1 9 2013
(T) Cortlandville Planning Board Regular Meeting Minutes
26 February 2013
_ With no further discussion, a. motion was made by Member Newell to approve the Subdivision, as
requested. The motion was seconded. by Member Renzi, with the vote recorded as follows:
Ayes: Chair Wickwire Nays:, None
Member Newell
Member Renzi
Member Ambrose
Member Finamore
Motion carried.
This becomes Action #7 of 2013.
Daniel J. Freelove; Avolicant/Reputed Owner - 3550 Looue Road - TM #97.04-01-03.000 .-
Proposed Auto Repair Shop
It is noted for the record that the required variance (to allow an Auto Repair Shop in an Ag District) was
granted (with conditions) to the applicant at the previous meeting of the Zoning Board of Appeals;
therefore, the Conditional Permit was being considered by the Planning Board.
Chair Wickwire recognized the applicant who explained that he was seeking a Conditional Permit to
operate an automobile repair business from his existing one -car garage on this property. This
application had been sent to the Cortland County Planning Department for their review, and a report had
been received from them, along with the County Planning Board's Resolution No. 13-04 dated 13
February 2013, as acknowledged by Chair Wickwire.
In response to the Board's questions, the applicant plans on operating his business Monday thru Friday
from 7 a.m. to 5 p.m. There will be minimal noise and no floor drains.
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 Renzi to
declare a Negative Declaration under SEQRA for the proposed repair shop. The motion was
seconded by Member Newell, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Ambrose
Member Finamore
Motion carried.
This becomes Action #8 of 2013.
A motion was then made by Member Newell to approve the Conditional Permit for the proposed
auto repair shop with a maximum of six (6) vehicles onsite, and incorporating Items #1 thru 7 of
the Cortland County Planning Board's Resolution No. 13-04 of 13 February 2013. The motion was
seconded by Member Renzi, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Ambrose
Member Finamore
Motion carried.
This becomes Action #9 of 2013.
Page 3 of 16
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(T) Cortlandville Planning Board Regular Meeting Minutes 26 February 2013
Jesse Hicks. Applicant/ David. Herbert & Jesse Hicks. Reputed Owners - 4141 Hicks Hill (McGraw].
- TM #88.00-01-33.210 - Subdivision'of Land
Chair Wickwire recognized the applicant who was seeking approval to subdivide a 35± -acre parcel from
the main 211.4± acres. The applicant stated he planned to build a house on the smaller, parcel.
With no. further discussion, a motion 1 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: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Ambrose
Member Finamore
Motion carried.
This becomes Action #10 of 2013.
Lime Hollow Center - Gracie Road - Sketch Plan Conference for Proposed Education Center
Chair Wickwire recognized Glenn ? (did not sign Attendance Sheet) who gave a brief overview of their
proposed Education Center Building that will be constructed by BOCES students, ready for use in
September 2014. The building (approx. 2600 SF) will be LEED constructed, but not LEED Certified. Not
only will it be used for classes, but it is planned to use it for summer camp.
Glenn stated that there will be a 53 -car unpaved parking lot, designed for future expansion, which is at
the end of a 300± -foot driveway. Member Renzi reminded the applicant's rep that the Town requires 10
ft. by 20 ft. parking spaces.
Glenn stated that Lime Hollow has been in discussion with Byrne Dairy regarding the Chicago Bo. The
Center's plans were altered in concert with Byrne Dairy.
It is planned for Lime Hollow to return before this Board in a month. A Negative Declaration under
SEQRA has already been issued by NYS, but PZO Weber stated it would still be required by the Town.
They will also need an Aquifer Protection District Special Permit.
This becomes Action #10 of 2013.
CNY Power Sports, Applicant/David Law. Reputed Owner - 3871 US Route 11 - TM #87.00-04-
04.000 - Conditional Permit for Used Oil Storage
Chair Wickwire noted that there was no one present to answer the Board's questions.
A motion was then made by Member Newell to postpone any action on this application until the
Planning Board's meeting of 26 March 2013 in order to allow the applicant/rep to be present. The
motion was seconded by Member Renzi, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Ambrose
Member Finamore
Motion carried.
This becomes Action #I I of 2013.
Page 4 of 16
1 9 2013
(T) Cortlandville Planning Board Regular Meeting Minutes 26 February 2013
OTHER MATTERS
Wind Enere"v Facilities - Local Law - Town Attorney John Folmer received a large binder
from Chair Wickwire which contained Board. members' responses/comments on the proposed=
Local Law. In addition, comments were included from other interested parties, e.g., Mike
Barylski and Victor Siegle; their good work was recognized by the Board. Chair Wickwire
added that she would like to see these turbines banned altogether from the Town. The Board,
after reviewing what's been done in Rensselaerville and Montville, thought that the Town's
proposed Local Law was very lacking and did not cover enough areas and may be opening
themselves up .to a liability if they are allowed. The Board also felt the Town Board should
spend a lot of time looking at, what's happening all over the country. Member Renzi stated he
Would like his comments attached to these Minutes. He added that what has been drafted
should be scrapped and then start all over "and do a really good job."
At the conclusion of an extensive discussion, a motion was made by Member Renzi to
forward the reports generated by Michael Barylski, Victor Siegle, and Town Planning
Board members, along with the proposed revision of the proposed Local Law, to the
Cortlandville Town Board and. the Wind Turbine Task Force for their review and
determination of the nest course of action. The motion was seconded by Member
Elizabeth Ambrose, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Ambrose
Member Finamore
Motion carried.
This becomes Action #12 of 2013.
✓ Traffic Flow at New McDonald's on Route 13 - Member John Finamore commented about
the bad traffic flow into and out of this newly constructed McDonald's.
ADJOURNMENT
At 9 p.m., a motion to adjourn the meeting was made by Member Renzi, seconded by Member Finamore,
with all members present voting in the affirmative.
�Y
E. Fitch, Board Secretary
Page 5 of 16
E-mailed to Town, KW, JY7, CN,
EA, NR, JF & BW on 3/18/13.
lA.
''1 ^" 1 9 2013
(T) Cortlandville Planning Board Regular Meeting Minutes 26 February 2013
ATTACHMENT A
COMMENTS ON THE BYRNE DAIRY CORTLANDVILLE FACILITY
DRAWING SUBMITTAL DATED FEBRUARY 15, 2013
The Byrne Dairy Cortland Facility drawings as submitted are very good. Time constraints may have
prevented a complete definition of all essential details. Many of my comments are probably under
consideration by the applicant and in some cases may have already been addressed. Consider these
comments as a check list of information that we are accustomed to seeing from applicants for a
major project. -
❖ Reference L-102 Plant Area Site Plan
Show the extent of the permeable paver sidewalk around the Agritourisxn Center
by graphic symbol and add the symbol to L-001 General Information.
Show a cross-section detail of the permeable paver installation on L-501
Construction Details.
Show a cross-section detail of the grass cell paver installation on L-501
Construction Details.
Show a cross-section detail of the granite curbing on L-501 Construction Details.
Is the asphalt pavement called out in the truck staging area a heavy-duty type
compared to the employee or visitor parking asphalt lots?
Show a cross-section detail of the concrete sidewalks on L-501 Construction Details.
- Provide a detailed landscaping plan for foundation, field plantings and pasture
lands. The drawing should include as applicable common name, Latin name,
quantity, roots (B&B or container size), height and planting spacing.
To the extent possible show all roof drains and especially their discharge routing.
Show the height of the white board fence and elevation details on L-501
Construction Details.
Areas that are designated future parking should be identified as to the as -built
configuration, for example are they lawn areas until such time that they are
paved?
As appropriate show traffic flow arrows in the parking lots.
Show outside trash storage areas. If any they should be suitably screened from
view.
❖ Reference L-101 Pasture area Site Plan
Show the exterior design elements and dimensions of the Facility Identification Sign on L-
501 Construction Details. Include lighting if any.
Define the grass or other vegetation to be planted in the pasture area and the type of
maintenance it will receive if any.
The seven windmills that are being proposed should be defined on L-501 or another
drawing with regard to the following:
Page 6 of 16
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1 9 2013 f
(T) Cortlandville Planning Board Regular Meeting Minutes 26 February 2013
Purpose
Height to the windmill hub
Diameter or windmill blades
Whether the windmills are simply driven by the wind or do they are driven by
other means such as electric motors.
Base dimensions
Safety precautions such as location of climbing rungs
Are they lighted?
Mechanical braking systems if any.
Prevention of ice being slung from rotating blades.
Materials of construction for major components. .
Color of the frame and blades
Considering the length of the walk between the caretaker's house and the plant area is
there going to be any lighting? If so please define.
❖ Reference L-103 Truck Scale Area — Site Plan
Is the asphalt area heavy duty?
Show any lighting that is planned for this area.
Show any traffic flow arrows or signage.
❖ Reference L-104 Amphitheater Area Plan
1.Show any steps or pathways connecting the various levels.
2. Show pedestrian pathways
3. Show pathways for those using the ADA parking areas.
4. Show any lighting.
5. Show any rest rooms or other facilities including vendors.
6. On this drawing or other if desired indicate the purpose, frequency of use, anticipated
attendance, use of entertainment lighting and sound amplification equipment.
❖ Reference L-105 Lodge Area Site Plan
Show any planned lighting.
Show any signage especially dimensions and lighting if any.
Elevations of the lodge showing the exterior finishes. Compatibility with near by
structures such as the Lime Hollow facility would be encouraged.
Indicate details for patios and walks.
❖ Reference L-501 Construction Details
As appropriate indicate the Filter fabric for example Mirafi 140N.
My compliments to the one who came up with the Stormwater signage. This is a simple
common sense item that I have never seen in any of my site plan reviews and I would
recommend to our Planning Board that this be made a standard "must have" for all
projects having significant stormwater facilities requiring maintenance. The stormwater
management facilities are required by code, are important to maintaining the safety of
Page 7 of 16
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(T) Cortlandville Planning Board Regular Meeting Minutes
26 February 2013
our aquifer but without scheduled and formal. maintenance they can be rendered useless.
Thanks for such an elegant and practical feature.
Indicate details for, stripping, traffic arrows and pedestrian signage.
Show details for bollards, concrete aprons, signage etc..
❖ Reference PH -101 Photometrics
As appropriate show the entire site's illumination plan including the Lodge, windmill
area, caretaker's house, amphitheater and truck scale areas.
Indicate the type of light fixtures. Emphasis on minimal disturbance to neighboring
properties.
These comments are those of Nick Renzi Planning Board member and may not reflect the collective
opinion of the Planning Board.
Page 8 of 16
r-�
1 9 2013
(T) Cortlandville Planning Board Regular Meeting Minutes
ATTACHMENT B
February 22, 2013
To: Kathy Wickwire
From: Nick Renzi
Subject: Comments on the Cortlandville Proposed Local Law
For Wind Energy Facilities dated 12-3-12
26 February 2013
References: A. Montville Maine Wind Turbine Generator Ordinance
B. Rensselaerville Commercial Wind Power Facilities Law
C. Cortland County Planning Department report and County Planning Board Resolution No. 13-01
D. Report on Wind -Turbine Noise, Sleep and Health
First I would like to thank the members of the Cortlandville Task Force that worked on the development of the
Proposed Local Law for Wind Energy Facilities. Specifically my thanks to Councilmen Ron Rocco and John Proud
and Town Attorney John Folmer for their work on this important project.
BACKGROUND:
The Town Board established a task force to generate a local law that would regulate the placement of wind energy
facilities so that the public health, safety and welfare would not be jeopardized. This task force consisted of
Councilmen Ron Rocco and John Proud, Town Attorney John Folmer and representatives of Clough -Harbour the
engineering consultant company.
As a result of the work done by the task force a draft of the Town of Cortlandville Local Law for Wind Energy
Facilities was published -on December 3, 2012.
COMMENTS ON THE PROPOSED LOCAL LAW:
The Planning Board was asked to comment on the proposed law. My comments are included in my memo to John
Folmer dated January 18, 2013. See attachment number 1.
As discussions continued on this subject and as additional information became available it became apparent to me
that the basic premise of the charge to the task force was prejudiced in favor of having the wind turbine facilities with
the main emphasis being on set back and noise.
The fundamental question of the viability of wind turbine facilities in the Town of Cortlandville from a health,
aesthetics, noise, and property value impact appeared not to be of primary concern.
REFERENCE DOCUMENTS:
A. Montville (Maine) Wind Turbine Generator Ordinance
A resident of Homer forwarded to the Cortlandville Planning Board, the Town of Montville Wind Turbine Generator
Ordinance that they recently enacted. A -five-person committee commissioned by the town's Planning Board
generated this forty two-page document. The committee consisted of five local people who, over a nine-month
period, researched the various aspects of wind turbines in terms of health, noise, setbacks, aesthetics, property
values and noise measurement standards.
The Montvillewind.org web site outlines the background for the generation of the ordinance and in addition contains
five pages describing how setback was established, seven pages on noise limits and measurements and seven
pages listing the bibliography of some of .the two hundred documents that were researched in generating the wind
turbine ordinance. There was an extraordinary effort made to have the best scientific information as the basis for
some of the quantitative requirements set forth in the ordinance.
Page 9 of 16
10
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(T) Cortlandville Planning Board Regular Meeting Minutes 26 February 2013
The Montville ordinance states "Setbacks to property lines are a minimum buffer of one mile from the property
r� boundary. This s assuming a 1.5 MW industrial turbine, which has a turbine height of approximately 400 feet." For
taller turbine installation the set back is "the larger of one mile or 13 times the turbine height".
The Montville Ordinance was approved by the townspeople by a vote of 90 in favor and 38 against.
Surrounding towns having a similar ordinance had votes as follows:
Dixmont 229 yes 78 no
-Jackson 111 yes 75 no
Thorndike Unanimous yes
A comparison of the contents of the Montville ordinance and the proposed Cortlandville local law is shown in
attachment number 2.
B. Town of Rensselaerville (New York) Commercial Wind Power Facilities Law of 2010
A local citizen forwarded this law to the Cortlandville Planning, Board.
The Town Board of Rensselaerville. by a formal resolution established the advisory Wind Power Committee to assist
the Town Board in developing regulations applicable to the siting and permitting of private and commercial wind
power facilities as well as to provide recommendations on the use of wind power in the Town. The formal resolution
is contained in the committee's Recommendations Report dated July 2010.
This local law is supported by a sixty one-page report titled Rensselaerville Wind Power Committee
Recommendations Report for Industrial Wind Power — July 2010. The report studied relationship to the
comprehensive plan, historical impact, aesthetics, viewshed, tower height, noise and sound, shadow flicker, ice
throw, ground vibration, construction techniques, aquifers, wildlife impact, effect on local roads & infrastructure, fire
fighting etc The work of the committee resulted in the following purpose and Intent " The purpose and intent of this
law is to clearly establish that commercial wind power facilities as defined herein shall not be allowed in any zoning
district or on any land in the Town of Rensselaerville."
The new law was compared to the existing Comprehensive Plan to ensure alignment and as necessary changes to
the Town's Zoning Law were made to be in conformance with the new local law.
C. Cortland Countv Plannina Department Report dated January 11. 2013 and
Cortland Countv Plannina Board Resolution No. 13-01 dated January 16. 2013
The Planning Department recommended approval of the proposed local law contingent upon nine recommendations.
Of the nine recommendations six had to do with clarifications or revisits to the set backs in the proposed local law.
One recommendation referred to the development of a Residential Property Value Guarantee agreement to alleviate
any concern of neighboring property owners regarding preservation of property values.
In spite of these major concerns by the Planning Department both the Planning Department and the County Planning
Board considered the proposed law "thorough".
D. Report on Wind Turbine Noise. Sleep and Health by Dr. Christopher Hannina dated July 2012.
This forty one-page report by Dr. Hanning, an apparent expert in this field, was a response to The Northumberland
County Council Core Issues and Options Report Consultations. Dr. Hanning is an Honorary Consultant in Sleep
Disorders Medicine to the University Hospitals of Leicester NHS Trust based at Leicester General Hospital. He has
been involved with sleep disorder science for over thirty years. He states in this report "My expert opinion is that the
minimum set back of large (>2MW) industrial turbines should be at least 1.5km (4921 feet) from residential
properties,"
Page 10 of 16
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(T) Cortlandville Planning Board Regular Meeting Minutes- 26 February 2013
OBSERVATIONS:
�1
A. The Montville committee consisted of five members none of which -were on any town boards.
B.' The Rensselaerville committee was established by formal town Board resolution.
C. The Rensselaerville committee members were selected after formal advertising for members followed by
interviews of prospective candidates.
D. The five member Rensselaerville committee was assisted by at least thirteen "outsiders" who were
acknowledged in the Recommendations report.
E.- The development of the Montville ordinance is well documented in their website Montvillewind.org. This website
was generated by volunteer residents of Montville. This website includes extensive information on the
committee's work on setbacks, noise and a bibliography of just a partial listing of nearly 200 separate documents
and references consulted during the sub -committee's research.
F. Both the Montville and Rensselaerville committees were charged with the objective to determine the viability of
wind turbines in their communities and to establish the necessary ordinances to govern such activity based on
current scientific knowledge.
G. There appears to have been significant involvement by the town's people in the development of the turbine
ordinances for both Montville and Rensselaerville.
H. The summation of the work done in both towns is very formally documented by the Montville website and the
extraordinarily complete Recommendations Report generated by the Rensselaerville committee.
I. The conclusions of both the Montville and Rensselaerville committees are supported in significant depth by their
research into the science of the subject or by consultation with experts in this field.
J. The Cortlandville task force had a more casual structure and was by its small size with little technical depth. The
Cortlandville task force was understaffed for the work that was required.
K. The work of the Cortlandville committee appears to not have had much inclusion of town's people or local
resources.
L. The Cortlandville proposed Local Law does not have readily available documentation supporting its conclusions.
See attachment number 3 for a macro comparison of the work of the three towns.
CONCLUSIONS:
A. The Cortlandville proposed Local Law was erroneously based on a pre conceived approach that wind turbines
would be acceptable and that a local law to regulate placement was all that was necessary. Essentially the
presence of wind turbines was a fait a ccompli.
B. The Cortlandville proposed local law does not reference the comprehensive plan (Corridor Study) or existing
zoning.
C. The proposed local law is incomplete in its content compared to the Montville ordinance. Example the impact on
property values.
D. The proposed local law contradicts current science with regard to health safe setbacks.
E. The County Planning Board resolution was remiss in accepting non -scientifically based dimensions for setbacks
and then asking for more work to be done relative to setbacks in their recommendations.
Page 11 of 16
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(T) Cortlandville Planning Board Regular Meeting Minutes 26 February 2.013
F.. The County's recommendation for adoption of the proposed Local Law with the stated contingencies is
i tantamount to a doctor giving a patient a clean bill of health contingent upon the patient getting a heart transplant.
•' RECOMMENDATIONS:
A. The, Cortlandville Planning Board should, by a super majority, reject the County's recommendation for adoption
of the proposed Local Law.
B. The Cortlandville Planning Board should recommend that the Town Board terminate any further action or
consideration relative to the proposed Local Law since it is incomplete and is not based on generally accepted
science. More important is that the task force was not charged properly in that they were to assume that wind
turbines were going to happen rather than to asses the true viability of wind turbines as to their impact on our
Town with regard to health, safety, property values and financial viability.
The Planning Board should recommend to the Town Board that a new Wind Turbine committee be established
consisting of the original task force and at least three new members chosen by the Town Board. These three
new members should be interviewed by the Town Board to ensure that the prospective members.
C. The Planning Board should recommend to the Town Board that a new Wind Turbine committee be established
consisting of the original task force and at least three new members chosen by the Town Board. These three
new members should be interviewed by -the Town Board to ensure that the prospective members possess the
technical skills, objectivity and dedication required for this important work.
D. Before any more work is done to develop a Wind Turbine Ordinance a serious review of available wind energy
measurement data be made to determine if there is sufficient wind energy available at the proposed sites to
support a financially viable wind turbine installation. Reference the Rensselaerville Committee report page 21
wherein the wind speed issue is discussed
E. The Cortlandville Planning Board should recommend that the Town Board direct the new committee to carefully
examine the work done at Montville and Rensselaerville to develop a new Local Law that either prohibits wind
energy facilities completely as was done in Rensselaerville or allows them with more scientific basis as was the
case in Montville.
F. If the services of Clough Harbour are to be continued a specific list of tasks that they are to research and
comment on in writing in support of the committee's objectives should be generated.
G. Engage the services of a qualified acoustical engineer such as Robert Rand of Rand Acoustics located in
Brunswick Maine. Mr. Rand developed the noise section of the Montville ordinance.
H. Contact Dr. Nina Pierpoint (website: http//www.windturbinesyndrome.com) to discuss the health issues
associated with wind turbines.
I. The Cortlandville committee should review the Rensselaerville Recommendations Report especially the content
of the Health, Environmental and Safety Considerations sections to determine the applicability of their findings to
the Cortlandville situation.
J. The adoption of sections of the Montville Ordinance on setback and sound or the Rensselaerville Local Law for
complete prohibition should be carefully considered.
K. Regardless of Cortlandville's final proposed local law whether it be complete prohibition or a modified proposed
law there should be documentation that supports the proposed law. This documentation should site technical
reports, studies, professional opinions or other scientific evidence.
Nick Renzi, Planning Board member
February 22, 2013
Page 12 of 16
1 9 2M 0l b
(T) Cortlandville Planning Board Regular .Meeting Minutes
Attachment 1
January 18, 2013
To: John Folmer
From: Nick Renzi
Subject: - Proposed local law for Wind Energy Facilities dated 1273-12
The following comments are offered for your consideration.
1. Add a Table of Contents
26 February 2013
2. Total Height; consider using the distance from the rotor blade at its highest point to the top surface of
the tower foundation.
3. Add, under definitions, the term Viewscape the range of view from a point toward the horizon including
natural and man-made components.
4.In Article II section 10 suggest that the applicant provide a financial analysis showing how the WECS
will provide saleable energy sufficient to justify the cost of construction and operation.
5.In section 10 paragraph 12 item a. the construction schedule should include major construction
milestones such as completion of site preparation, completion of foundation, erection of tower structure,
turbine installation, electrical system completion, major in -process inspection points, preliminary testing,
final completion power generation documentation.
6.In paragraph 15 of section 10 the applicant should provide comment and description as necessary for
items such as braking systems, redundancy of such systems, aerodynamic over -speed controls, mechanical
brakes, anti -icing and deicing systems
7. In the Application Review process the applicant should, via his consultant, verify that all of the
requirements of the local law have been addressed.
8. I did not see the County Planning Department as part of the review process.
9. In section 10 paragraph 16 item a requiring a "study on potential shadow flicker", this study and all
other reports or documentation shall be authored by qualified or licensed (if required) professionals in
the areas being studied.
10. In paragraph 16 items b. visual impact, d. noise analysis, e. property value analysis, f. electromagnetic
interference and g. vibration analysis should, if possible, reference industry standards for such
evaluations.
11. Who pays for the work done by the Town's consultant referenced in section 11 C?
12. Article II seems to be inconsistent with other sections in that it starts with numbered paragraphs
where the others are lettered.
13. In section 15 on setbacks the figures in paragraph E have for sure been the subject of many discussions
but I would suggest that the 2500 feet requirement be applied to the "nearest off-site Residence as noted
in 10 E. c. From the little that I have read on this subject the set back distances should be greater.
John, I think the committee together with Clough Harbour has done a good job in generating the proposed
Local Law. There is a lot to this subject that goes beyond common sense so the need for a technical consultant
is very important as noted in the proposed law.
Page 13 of 16
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9 ?_013
(T) Cortlandville Planning Board Regular Meeting Minutes
26 February 2013
_ After 1 generated the above comments I received a copy of the Town of Montville (Maine) Wind Turbine.
Generator Ordinance. This came to me and the other Planning Board members via Kathy Wickwire who
- received it from Janet Steck. From what I can tell Janet who lives in Homer has been active in the Windmill
discussions and meetings.' I would strongly recommend that the windmill task force read the Montville
ordinance. It is a great piece of work in terms of scope, detail and completeness. There are items in the
Montville ordinance that could -be considered for the Cortlandville ordinance. It is interesting that a Google
search for Montville Maine reveals that the town has 1000 people. They had to enlist an expert in generating
the ordinance.
Although the Proposed local law is adequate the Montville Ordinance is far more complete and we. would
benefit by modeling our Proposed law after their ordinance in applicable areas.
Thanks for giving me the opportunity to make my comments and I hope that you find them worthy of
consideration.
Regards,
Nick Renzi
Planning Board member
cc: Kathy Wickwire Planning Board Chairperson
Page 14 of 16
! 1 9 2013
(T) Cortlandville Planning Board Regular Meeting Minutes
- Attachment 2
WIND TURBINE GENERATOR .ORDINANCE COMPARISON
FEATURE MONTVILLE CORTLAND-
VILLE
TITLE E E
PURPOSE
AUTHORITY
CONFLICTS WITH OTHER ORDINANCES, LAWS AND
REGULATIONS
VALIDITY AND SEVERABILITY
EFFECTIVE DATE
APPLICABILITY
DEFINITIONS
CLASSIFICATION OF WIND TURBINES AND METEOROLOGICAL
TOWERS
PERMIT AND OPERATIONAL LICENSE REQUIREMENTS
PERMITTING AUTHORITY
STANDARDS FOR SETBACKS, NOISE,SHADOW'FLICKER, AND
MITIGATION WAIVERS
GENERALSTANDARDS
APPEARANCE AND SAFETY STANDARDS
FINANCIAL, ENVIRONMENTAL AND OPERATIONAL
STANDARDS
APPLICATION SUBMISSION REQUIREMENTS AND
PROCEDURAL TIME FRAMES
PROFESSIONAL SERVICES
APPLICATION CHANGES
CUMMULATIVE EFFECT OF MULTIPLE PERMITS
APPEALS
COMPLAINTS /VIOLATIONS / ENFORCEMENT
DECOMMISSIONING STANDARDS
REAL ESTATE PROPERTY VALUE. ASSURANCE PLAN
TAX VALUATION AGREEMENT AND TAX IMPACT STATEMENT
JURIDICTION ACROSS MULTIPLE MUNICIPALITIES
ETHICAL STANDARDS
NOISE MEASUREMENT STANDARDS AND PROCEDURES
WIND TURBINE GENERATOR SUBMISSION STANDARDS AND
FEES
FINDINGS
ISETBACK DISTANCES
Page 15 of 16
E E
B G
G A
G A
G A
G B
VG, S (62) 1 (12)
G A
VG, D G
G B
VG, D, S G
G G
VG G
VG,D,S G
26 February 2013
REMARKS
E=EQUAL,
G=GOOD;
B=BETTER
VG=VERY GOOD,
D=DETAIL
1= INCOMPLETE,
S=SPECIFICS
A=ABSENT
VG,D
G
VG
G
E
E
G
A
E
E
VG
G
VG
G
VG
A
VG
A
VG
A
VG
A
VG,D,S
I
VG,D,S
I
A
G
5280 FEET
1320 FT./
2500 FT.
THE NOTED RATINGS ARE TH = OPINION OF NICK
RENZI
` i 9 2013
(T) Cortlandville Planning Board Regular Meeting Minutes
26 February 2013
193
Page 16 of 16
Attachment 3
'+ MACRO COMPARISON OF APPROACH AND CONTENT OF WIND
TURBINE LOCAL
LAW DEVELOPMENT
RENSSELAERVILLE
DESCRIPTION
CORTLANDVILLE NY
MONTVILLE MAINE
NY
COMMITTEE COMMISSIONED BY
TOWN BOARD
PLANNING BOARD
TOWN BOARD BY
FORMAL RESOLUTION
BY ADVERTISING THE
SELECTION OF -COMMITTEE
VOLUNTEERS
POSITIONS AND
MEMBERS
BY TOWN BOARD
SELECTED BY
INTERVIEWS
PLANNING BOARD
CONDUCTED BY THE
TOWN BOARD
COMPOSITION OF COMMITTEE
TWO COUNCILMEN, TOWN ATTORNEY
TOWNS PEOPLE
TOWNS PEOPLE
AND TECHNICAL CONSULTANT
NUMBER OF COMMITTEE
MEMBERS
3
5
7
COMMUNITY INVOLVEMENT
MINIMAL
SIGNIFICANT
EXTENSIVE
FORMAL SUPPORT PERSONNEL
NONE
MINIMAL
AT LEAST THIRTEEN
ACKNOWLEDGED
FINAL DOCUMENT
PROPOSED LOCAL LAW
RELEASED
RELEASED LOCAL LAW
ORDINANCE
DEVELOPMENT TIME
TEN MONTHS
TEN MONTHS
ONE YEAR
ADOPTION METHOD
TOWN BOARD
PUBLIC VOTE
TOWN BOARD
DETAILED RECOMMENDATIONS,
RATIONALE AND BACKUP
MINIMAL
SIGNIFICANT
EXTENSIVE PAGE
( RESEARCH
REPORT
CONTAINED IN THE
COMMITTEE'S
RECOMMENDATIONS
REPORT NOISE AND
CONTAINED IN THE
SOUND,SHADOW
TOWN ORDINANCE
FLICKER, ICE THROW,
SETBACKS, NOISE,
GROUND VIBRATION,
SHADOW FLICKER,
CONSTRUCTION
CONTAINED IN THE PROPOSED
APPEARANCE AND
TECHNIQUES,
LOCAL LAW SETBACKS, SITE PLAN
SAFETY STANDARDS,
AQUIFERS, WILDLIFE
ISSUES, VISUAL IMPACT
FINANCIAL,
IMPACT, EFFECT UPON
CONSIDERATIONS
STUDY,SEQRA, GENERAL SAFETY
ENVIRONMENTAL AND
LOCAL ROADS AND
MEASURES, BONDING, PROPERTY
OPERATIONAL
INFRASTRUCTURE, FIRE
VALUE ANALYSIS, VIBRATION IMPACT,
STANDARDS, REAL
FIGHTING, LIGHTENING
ELECTROMAGNETIC INTERFERENCE
ESTATE PROPERTY
PROTECTION,SOIL
VALUE ASSURANCE
IMPACT, EROSION,
PLAN, TAX VALUATION
BLASTING, MEDEVAC
AGREEMENT
HELICOPTERS AND
RESCUE SAFETY
ISSUES,PROPERTY
VALUES, PILOT
PAYMENTS, BONDING
ISSUES
RELATIONSHIP TO
COMPREHENSIVE PLAN,
COMMUNITY IMPACTS
TOWER HEIGHT
APPEARANCE AND
HISTORICAL IMPACT,
SAFETY STANDARDS
AESTHETICS,
VIEWSHED, TOWER
HEIGHT
RELEASED WITH 5280
RELEASED LOCAL LAW
CURRENT STATUS
PROPOSED LOCAL LAW IN REVIEW
FOOT SETBACKS PLUS
PROHIBITING
r._
BY PLANNING BOARD
SPECIFICS AS NOTED
COMMERCIAL WIND
ABOVE
POWER FACILITIES
N. RENZI
Page 16 of 16
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JUN - 5 2013
TOWN OF CORTLANDVILLE PLANNING BOARD
Minutes of Regular Meeting - Tuesday, 26 March 2013 - 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
John M. Finamore
Applicants & Public Present
Jim Gosier, Andrew Ramsgard, Kurt Hackwelder & Nick Marsella for Byrne Dairy, Applicant; Glenn
Reisweber (did not sign Attendance Sheet) & Forrest Earl for Lime Hollow Nature Center; David Law for
CMY Power Sports, Applicant; Geoff Tyrrell, Applicant; Jeff Carroll (not on Attendance Sheet), Andrew
Ramsgard; Sarah Bullock, Cortland Standard Reporter.
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 - 26 FEBRUARY 2013
A motion was made by Member Nick Renzi to approve the Minutes of the 26 February 2013
Planning Board meeting, as submitted. The motion was seconded by Member Chris Newell, with
the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Ambrose
Member Finamore
Motion carried.
This becomes Action #13 of 2013.
OLD BUSINESS
Bvrne Dairv, Inc., Applicant/Reputed Owner - 840 NYS Route 13 (Finger Lakes East Business Parki
- TM #s105.00-03-15, 16, 17, 18, 20, 21, 24, 25, 26 & 27 - Site Plan Review & Aquifer Protection
District Special Permit for Proposed Manufacturing Facilities, Agri -Tourism Center, Lodge, Etc.
Chair Wickwire recognized Jim Gosier, - General Counsel for Byrne Dairy, who introduced Kurt
Hackwelder from QPK Design, LLP; and Nick Marsella, Chief Operating Officer of Byrne Dairy.
Mr. Gosier stated a couple of small changes had been made to the plans reviewed by the Board at their
February meeting: they squared off the northern edge of the building (where loading docks are), and have
moved their wastewater treatment facility as shown. The dumpster location was indicated as being
surrounded by an enclosure and trees. Mr. Gosier also stated that, now, they are thinking that the
entire 200 parking spaces will be utilized; before it was 100 spaces, with 100 in "reserve."
Mr. Gosier stated Byrne representatives did attend the County Planning Board meeting held last week, so
they had received the County recommendations and did concur with them. Discussion of the SEQRA
process was completed with the IDA who maintains that since they acted as Lead Agency for the
development of the Finger Lakes East Business Park, Phase 1 of the subject project does not exceed any
Page 1 of 5
JUN - 5 2013
(T) Cortlandville Planning Board Regular Meeting Minutes
26 March 2013
of the environmental thresholds set forth in the "shovel -ready certification." The IDA, however, will
1 maintain their Lead Agency status and said that no further SEQR review is required.
Chair Wickwire then asked about maintenance of the stormwater system. Mr. Gosier explained that,
currently, the Town maintains the stormwater management facilities. County Planning has
recommended that Byrne Dairy now take this over; Byrne has no objection, he stated. Mr. Gosier
introduced Andy Ramsgard who gave a PowerPoint presentation on the development of the project,
including the proposed seven windmills near NYS Route 13. They will be lighted by LED lights which
change colors with the windspeed/temperature. Computer-generated images were shown depicting the
views of the project from NYS Route 13 as if driving by. Each windmill will be fenced in at its base. This
will be an "attractive feature that creates a hallmark for the property and gives everybody something to
remember."
Member Renzi asked Mr. Ramsgard about heights of windmills and distances apart; Mr. Ramsgard stated
that they could potentially hit an adjacent windmill if one fell. However, they will be kept clustered
together in a tight arrangement. They have small blades and the average windspeed is 8 MPH. He then
described the foundation of each windmill. Tallest one is 90 feet.
Chair Wickwire commented on County Planning's Resolution No. 13-08 dated 20 March 2013; Mr.
Gosier stated that the applicant agreed with each recommendation indicated in the Resolution. In
addition, there will be an events management plan for the amphitheater. The lighting plan has been
submitted; there is no lighting at the amphitheater. Only portable lighting will be used at that location.
Only lighting at the "lodge" will be small, walkway lights. No additional lighting will be in the "farm
area," other than along walkway.
- Member Renzi asked that any future changes in the drawings be noted as revisions on same.
A motion was then made by Member Renzi to approve Phase 1 of the submitted Site Plans for the
proposed multi -phased dairy product manufacturing and agri-tourism facility, incorporating Items
1 thru 13 of the Cortland County Planning Board's Resolution No. 13-08 dated 20 March 2013.
The motion was seconded by Member Newell, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Ambrose
Member Finamore
Motion carried.
This becomes Action # 14 of 2013.
A motion was then made by Member Renzi that the Town of Cortlandville Planning Board
recommends to the Town Board that they issue an Aquifer Protection District Special Permit and
act as Lead Agency under SEQRA. The motion was seconded by Member Newell, with the vote
recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Ambrose
Member Finamore
Motion carried.
This becomes Action # 15 of 2013.
Town Attorney John Folmer cautioned the Planning Board to be very specific as to what it is that's being
approved. The SEQR performed by the IDA does not reflect what may occur in the full buildout of the
project. A further SEQR review beyond Phase 1 may be required.
Page 2 of 5
,Q6,
J U N = 5 2013
(T) Cortlandville Planning Board Regular Meeting Minutes
26 March 2013
In response to Member John Finamore's question regarding a traffic light on NYS Route 13, Mr. Gosier
stated that they had met with their Traffic Engineer and a request for the light had been made to the
NYSDOT who responded that one was not required. Mr. Gosier stated that the "pork chop" may be
removed or some sort of "widening" done at this location.
Lime Hollow Nature Center, Inc., Applicant/Reputed Owner - 3277 Gracie Road - TM #s 105.05-01-
13.110 & 12.110 - Proposed Environmental Education Center
It is noted for the record that a Sketch Plan Conference regarding this project was held at the 26
February 2013 meeting of this Board. Reference is made to those Minutes for additional details.)
Chair Wickwire recognized Glenn Reisweber who stated that the locations of the well and septic system
were now shown on the plan, and the "architectural survey" is still to be done. The parking lot will be
gravel so there may be no spaces indicated. Phase 1 will leave some open green space available if
additional parking is needed. Member Renzi commented that the applicant did a good job answering the
checklist of questions.
With no further discussion, a motion was made by Member Renzi to send the applications for a
Conditional Permit and an Aquifer Protection District Special Permit for the proposed
Environmental Education Center to the Cortland County Planning Department for their review.
The motion was seconded by Member Newell, with the vote recorded as follows:
Ayes:
Motion carried.
NEW BUSINESS
Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Ambrose
Member Finamore
This becomes Action #16 of 2013.
CNY Power Sports, Applicant/David Law, Reputed Owner - 3871 US Route 11 - TM #87.00-04-
04.000 - Conditional Permit for Used Oil Storage
Chair Wickwire recognized the owner who explained that he was looking for a Conditional Permit to store
heating oil and used cooking oil on his property in 250 -gallon containers, as shown on the map
accompanying the application. There is nothing underneath them to act as containment. At the time, he
had 9 cooking oil and 6 motor oil containers. He stated that his company has been doing this for a
"period" of time and did not realize he should get a permit to do so from the Town. The motor oil is used
for heating of their building.
PZO Weber advised that there should be containment at least for the largest container. Mr. Law stated it
was difficult to have containment because he never knows what will be there. The majority is used
cooking oil and there are no requirements relating to this. Member Newell suggested maybe separating
the two oils and providing containment for the motor/heating oil. The applicant stated he could do this.
However, he preferred to have the cooking oil around the motor/heating oil so this would not be easily
accessible. Member Renzi suggested putting "these" on a slab and have a curbed area equal to 500
gallons of containment.
Coming up with a plan was discussed, and the applicant stated he could have a plan prepared by next
month's meeting. Chair Wickwire advised him to do so, and come back next month before this Board.
PZO Weber clarified "containment" for Mr. Law, who added that the main problem was getting a forklife
into the area to move the containers.
Page 3 of 5
a4?
JUN -52013
(T) Cortlandville Planning Board Regular Meeting Minutes
26 March 2013
r
A motion was then made by Member Renzi to postpone any action on this application until the
Planning Board's meeting of 30 April 2013 in order to allow the applicant/rep time to prepare the
requested information. The motion was seconded by Member Newell, with the vote recorded as
follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Ambrose
Member Finamore
Motion carried.
This becomes Action #17 of 2013.
Geoffrev Tvrrell. Applicant/ Faith Frost. Reputed Owner (Jamie Yaman on Agenda) - 3561 Page
Green Road - TM #96.00-01-23.000 - Two -Lot Subdivision of Land
PZO Weber advised the Board that Jeff Carroll was present regarding this matter. Mr. Carroll stated he
was present instead of Jamie Yaman regarding subdividing a 45± -acre parcel from this 89.9± -acre parcel.
He handed out an aerial photo for the Board's use.
PZO Weber asked if there was any way to clean up the small area that would be created by bringing it in
line with the existing property lines. If this area was being left for access, he stated, the minimum width
of a Town road is 60 feet. PZO Weber noted this was the first time he had seen what was being proposed.
Chair Wickwire asked why the property lines were drawn as shown? Mr. Carroll replied that this was a
"fairly arbitrary drawing" based on what the survey will show for a 45 -acre parcel. Final survey has not
been done. Chair Wickwire asked Mr. Carroll if he wanted to come back with a more accurate
representation of what it is he wants to do. Member Newell stated that the Board needed a sketch with
dimensions.
A motion was then made by Member Newell to postpone any action on this application until the
Planning Board's meeting of 30 April 2013 in order to allow the applicant/rep time to prepare the
requested information. The motion was seconded by Member Newell, with the vote recorded as
follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Ambrose
Member Finamore
Motion carried.
This becomes Action # 18 of 2013.
rot
John Barden. Reputed Owner, dba Fastlane Auto - 1799 NYS Route 13 - TM #77.00-01-34.000 -
Review Conditions of Special Permit Approval
PZO Weber addressed the Board and stated that the above owner was not in compliance with the
conditions of the previously approved Special Permit at the present time. Vehicles are being parked
where not permitted, and no junk vehicles are allowed. Mr. Weber asked Mr. Barden to come in with a
revised plan, which he did not do. Mr. Barden's attorney, Mr. Knickerbocker, called PZO Weber today,
asking that the matter be postponed until the April meeting of this Board so the attorney could review
Mr. Barden's Permit. PZO Weber added that this is the second time the owner has had the same
problems in the same area. Neighbors have called and complained, and Mr. Barden took care of it at
that time. The same violations have occurred again, so PZO Weber requested that Mr. Barden bring the
property into compliance at least with the parking of the vehicles where they are not supposed to be
parked. PZO Weber then requested that the Board give Mr. Barden a week to move the vehicles; if not
moved, then he asked for a resolution to hold a Public Hearing to review his Conditional Permit.
Page 4 of 5
JUN - 5 2013
(T) Cortlandville Planning Board Regular Meeting Minutes 26 March 2013
In
After a -brief discussion, a. motion was made by' Member: Renzi that the subject .property be: brought
into compliance with the Conditional Permit within seven (T) 'days, and kept that way. Failure to
do. so will result in the Town of Cortlandville's:Planning:Board holding a Public Hearing at their 30
April 2013 meeting for the purpose of reviewing said Conditional Permit. The motion was
seconded by Member Newell,. with .the vote recorded as follows:
Ayes: .Chair Wickwire Nays: None
--
Member -Newell
Member Renzi
Member Ambrose
Member Finamore
Motion carried.
-This becomes Action #19 of 2013. .
PZO Weber stated that he would notify Mr. Barden and his. attorney by phone call and. in writing of the
Board's action, and give them the process that will" proceed. Member Renzi commented- that he would .
like to see Mr. Barden here at the next meeting. Attorney John Folmer stated that not only should the
owner comply, but remain incompliance.
OTHER MATTERS
✓ Wind Enerav Facilities - Local Law - Chair Wickwire stated they had. received the
comments of County Planning and' asked if the.. Board could reject the. County
recommendations. PZO Weber stated that this Planning Board is. only an advisory Board
j acting in an advisory capacity to the Town Board. This Planning Board has no jurisdiction -
over whether or not this law is adopted.
At the conclusion their discussion, a motion was made by Member Renzi that the Town
of Cortlandville Planning Board is not: in agreement with the Cortland- County:
Planning Board's recommendations regarding the proposed Wind Turbine Local Law.
The motion was seconded by Member Newell, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None .
Member Newell
Member Renzi
Member Ambrose
Member Finamore
Motion carried.
This becomes Action #20 of 2013.
ADJOURNMENT
At 8:50 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.
Janri E. Fitch; Board Secretary . E-mailed to Town, KW, JMF,
CN,
EA, NR, JF, TW & BW on 6/3/13.
Page 5 of 5 :.
'(FLLE
) _C UR_ T_L'AN D V �I
MAP, 2 6 2014
ATTENDANCE SHEET
PLANNING�
(Your attendance is recorded in the meeting Minutes.)
QIURTMED
IL )) Name:
E CA- J
L) G c
41 IR^A < C�Qo
Representing/ Regarding:
P
QPK VES 160
Complete Address:
13'ZO
JUN 1 2 2013
i TOWN OF CORTLANDVILLE PLANNING BOARD
Minutes of Regular Meeting - Tuesday, 30 April 2013 - 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
John M. Finamore
AiDulicants & Public -Present
Geoff Tyrrell, Applicant; Nancy McMahon, Applicant; David Law, Applicant; Amy Bauer, Tammy Piker.
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
Lime Hollow Nature Center. Inc.. Applicant/Reputed Owner - 3277 Gracie Road - TM #s 105.05-01-
_)P 13.110 & 12.110 - Prouosed Environmental Education Center
It is noted for the record that this application was removed from the Agenda at the request of the
applicant.
No Action Taken.
Geoffrev Tvrrell. Applicant/Faith Frost. Reputed Owner (Jamie Yaman on.Agenda) - 3561 Page
Green Road - TM #96.00-01-23.000 - Two -Lot Subdivision of Land
(Reference is made to the 26 March 2013 Minutes regarding this application. At that time, the Board
requested a better sketch, with dimensions, of what the applicant wants to do.)
Chair Wickwire recognized- the applicant who was seeking approval to subdivide this 89.9± -acre parcel
into two lots of approximately equal acreage, as shown on the drawing submitted. The previous drawing
had no dimensions given on Page Green Road; it has now been "sketched out" to show there is a 60 -foot
wide strip left for a future road.
With no further discussion, a motion was made by Member Chris Newell to approve the two -lot
subdivision as requested. The motion was seconded by Member John Finamore, with the vote
recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Ambrose
Member Finamore
Motion carried.
This becomes Action #21 of 2013.
Page 1 of 3
J U N 1 2 2013
(T) Cortlandville Planning Board Regular Meeting Minutes
30 April 2013
CNY Power Sports. Applicant/David Law. Reputed Owner - 3871 US Route 11 - TM #87.00-04-
04.000 - Conditional Permit for Used Fuel/Vegetable Oil Storage
(Reference is made to the 26 March 2013 Minutes of this Board wherein the applicant was asked to come
back with a more detailed plan regarding this oil storage facility.)
Chair Wickwire recognized the owner who had provided the Board with the requested plan which
indicated a 16' by 16' containment system that will hold 957± gallons of fuel oil; vegetable oil storage was
not a major concern. Mr. Law explained how the containment system was coriiigured. -
With no further questions; a motion was made by Member Nick Renzi to approve the Conditional
Permit, as requested. The motion was seconded by Member Elizabeth Ambrose, with the vote
recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Ambrose
Member Finamore
Motion carried.
This becomes Action #22 of 2013.
NEW BUSINESS
Nancv McMahon. Applicant/Farmington Lawn Care. Inc. (Country Max). Reputed Owner - 980 NYS
Route 13 - TM #96.13-01-05.000 - Conditional Permit - Proposed C'ville Farmer's Market
Chair Wickwire recognized the applicant who explained that she was looking for a Conditional Permit to
set up a farmer's market in the Country Max parking lot, as shown on the sketch accompanying the
application. The market would operate on Thursdays from 3 p.m. to 7 p.m. and Saturdays from 10 a.m.
to 2 p.m. They will sell NYS-grown products, but nothing that Country Max sells. The proposed market
would be governed by Ag & Markets regulations. Country Max was very supportive.
Member Renzi commented that parking in this lot is "tight," and Saturday is the most congested time of
the week. He felt it was a nice idea, but the wrong spot.
Ms. McMahon informed the Board that from 10 to 12 vendors would be involved; they have seven
interested right now, and they hoped to be open by Mother's Day weekend. Any more than 12 vendors
would necessitate returning before this Board for a revised permit. Member Newell felt the number of
vendors should be limited.
Member Ambrose thought the idea was "quaint" .and she liked it. Chair Wickwire thought they should
try it first to see how it would go. PZO Weber advised that a permit would be needed for any signage.
At the conclusion of their discussion, a motion was made by Member Newell to approve a Conditional
Permit for the .proposed Cortlandville Farmer's Market from May Ist thru November 15th, with a
maximum of twelve (12) vendors placed as shown on the drawing submitted with -the application.
The motion was seconded by Member Ambrose, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: Member Renzi
Member Newell
Member Ambrose
Member Finamore
j Motion carried.
This becomes Action #23 of 2013.
Page 2 of 3
wm
J U N 1 2 2013
(T) Cortlandville Planning Board Regular Meeting Minutes 30 April 2013
(� OTHER MATTERS
✓ Training Announcments - Chair Wickwire provided information regarding two upcoming
training sessions, a GIS on 5/15; let her know by 5/8 if planning to attend. The second
training would be 6/3, given by the Cortland County Planning Department. Response
needed by May 24th.
✓ Wind Energy Facilities - Local Law - Board members received revised copy; result of
everyone's comments/input. Town Attorney John Folmer addressed the Board and
informed them that the Town .Board had introduced this Law last week and had taken into
consideration comments put forth by others. Under the SEQR process, the Town Board
will act as Lead Agency. Both the ZBA and Planning Board will have an opportunity to
make any comments they wish. A public hearing will be scheduled for May 15f, and
comments will be taken right up until June 19th. Current moratorium expires at the end
of June. Chair Wickwire thought setback should be based on height of particular towner.
Member Finamore asked if there's a maximum wind speed. Attorney Folmer said he was
glad to take any suggestions from the Board.
✓ Dr. Hawkins' Parking Lot - Member Renzi said there were now four motor homes there
and a lawn -mowing trailer. Attorney Folmer will ask CEO Williams to take a look at it.
PZO Weber gave the Board two avenues they could pursue. He stated this continues to be
not in conformance with their Site Plan; the decision rests with this Board. Board
members should review property and determine if it is in compliance or not, and decide at
next Board meeting if they want to go through process to revoke their permit.
✓ Jim Stevens' Proverty - Member Newell advised trees are being removed; is it up for sale
or a subdivision? PZO Weber responded there's been no subdivision request, but he
understands that Bell property on Blue Creek Road may have filed a subdivision, or sorts,
1 up there but that has not been approved either. PZO Weber has discussed this with both
Mr. Bell and Mr. Stevens; not aware of anything going on on property off 281.
✓ Westmoreland Heights - Jim Reeners - PZO Weber distributed a revision to what he
previously had submitted regarding his proposed change of zone to an R-3 for a senior
living community. This has been forwarded to County Planning at direction of Town Board.
Next Board meeting, members should have County's recommendations.
✓ John Barden - Member Finamore commented that he thinks this Route 13 property looks
better, but he has too many vehicles. PZO Weber responded he not only has too many
vehicles, but he's parking them where he is not supposed to. PZO Weber met with
Barden's attorney, Larry Knickerbocker, who will get together with his client and come up
with a revised Site Plan that will come before this Board.
ADJOURNMENT
At 8:20 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.
an E. Fitch; Board Secretary
Page 3 of 3
E-mailed to Town, KW, JMF,
CN,
EA, NR, JF, TW & BW on 6/11/13.
131
ATTENDANCE SHEET
-- ,.�(T)-CQRT.LANDVILLE-) F-LANNING BOARD
MEETING OF
? (Your attendance is recorded in the meeting Minutes.)
'PRINTED Name: Representing/ Regarding: Complete Address:
14
22CC L --►-a s
PLANNING BOARD Meeting Only
c7c'�
J U N 2 1 2013
i
TOWN OF CORTLANDVILLE PLANNING BOARD
Minutes of Regular Meeting - Tuesday, 28 May 2013 - 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
John M. Finamore
Applicants & Public Present
Rick Smith, Applicant (dba Happy Auto Detailing); Glenn Reisweber for Lime Hollow Nature Center, Inc.,
Applicant; Dave Law for CNY Power Sports, Applicant; James & Michael Reeners, Applicants; Kevin
Marlatt, Applicant; John Barden, Jim & Donna Conaron, Amy Bauer, David & Cindy Leis, Kathy & David
Jacobsen, Mary Lee Martens, Sandra Ripic, Julie & Karen Hempson, Blake Allen, Paul Allen, Nancy &
Scott Cavellier.
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
Lime Hollow Nature Center, Inc., Applicant/ Reputed Owner - 3277 Gracie Road - TM #s 105.05-01-
13.110 & 12.110 - Conditional Permit & Aquifer Protection District Special Permit for Proposed
Environmental Education Center
Chair Wickwire recognized Glenn Reisweber, representing the applicant who was seeking the above
permits to construct a 2800± ft. Environmental Education Center and refurbish existing onsite
structures for use as a summer camp program, all as described in the attachments accompanying the
application. PZO Bruce Weber advised Mr. Reisweber that a variance will be required and nothing can be
done until that is obtained. Regarding the 24 -foot wide access road and access for fire apparatus, Mr.
Reisweber stated they will obtain approval from the Fire Department; County Planning, he said, also
raised this issue. They have negotiated an additional 20 feet from the neighbor's (Webster) property, and
the parking has been addressed; spaces will be 10 ft. by 20 ft. Final plans will be brought in to PZO
Weber.
No Action Taken.
CNY Power Sports, Applicant/ David Law. Reputed Owner - 3871 US Route 11 - TM #87.00-04-
04.000 - Conditional Permit for Storage Units
Chair Wickwire recognized Dave Law, who explained that he was seeking a Conditional Permit to
construct two (2) 30 ft. by 300 ft. self -storage unit buildings at the location shown on the sketch
accompanying this application. The Board reviewed the Cortland County Planning Board's
recommendations contained in their Resolution No. 13-19 of May 15, 2013. Mr. Law stated he will
provide a sample lease to PZO Weber and comply with all recommendations contained in the County's
!� report. He will also update his proposed "Jiffy Lube" SWPPP to accommodate this project; the oil -change
business never was constructed.
Page 1 of 4
J U N 2 1 2013
(T)Cortlandville Planning Board Regular Meeting Minutes 28 May 2013
�} At the conclusion of a very brief discussion, a motion was made by Member Chris Newell to approve
.1 the Conditional Permit for two 30 ft. by 300 ft. self -storage units, as requested, conditioned upon
receipt of a sample lease agreement and revised Stormwater Pollution Prevention Plan as
recommended by the Cortland County Planning Board in their Resolution No 13-19 of 15 May
2013. The motion was seconded by Member Elizabeth Ambrose, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Ambrose
Member Finamore
Motion carried.
This becomes Action #24 of 2013.
James & Michael Reeners, Applicants/Lee Ambrose. Reputed Owner - 20.88± A. nu, Top of
Commons Avenue - TM #s 86.09-01-07.000, 17.000, 21.000 & 22.200 - Zoning Text/Map
Amendment, Subdivision & Site Plan Review - Proposed Westmoreland Hgts.
Chair Wickwire recognized Jim Reeners, who was requesting a zoning change from R-1 to R-3 for two of
the parcels, as outlined in a previously distributed information packet, plus a one-page undated
narrative received by this Board at this meeting. He added that there was an error in the Bulk
Regulations, of which PZO Weber is also aware.
PZO Weber stated that the zoning change was before the Board for their recommendation, and explained
the process this request has undergone, adding that it was now the Board's job to make a
recommendation to the Town Board. Everything else, he stated, remains the same, but the zoning
change needed to be acted upon first. Town Attorney Folmer cautioned that the Town Board is not going
to make any changes until the study of the Route 281 corridor has been completed. He then suggested
that the Board could consider the comments and recommendations contained in the County Planning
Board's recommendations contained in their Resolution No. 13-15 of May 15, 2013. Other alternatives
were provided to the Town Planning Board by Attorney Folmer.
At the conclusion of their discussion, a motion was made by Member Newell that the requested
zoning change to develop this site as an independent senior living community be forwarded to the
Town Board and Land Use Committee with no recommendation made at this time. The motion was
seconded by Member Renzi, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Ambrose
Member Finamore
Motion carried.
This becomes Action #25 of 2013.
NEW BUSINESS
Rick Smith (dba Happv Auto Detailing), Applicant/PROP, Inc.. Reputed Owner - 3901 West Road
(NYS Route 28 11 - TM #86.17-01-02.111 - Conditional Permit - Proposed Tent
Chair Wickwire recognized the applicant who explained that he wanted to use a 20 ft. by 30 ft. tent
canopy, as shown in the photo accompanying the application, for his detailing business. The tent would
be a distance of 180 feet from Route 281, behind a seven -foot fence, on pavement, he said. There would
be no electricity used. Mr. Smith stated he had cleaned out the area and it now looks neat. The tent
would be used for "checking out" (final detailing) the detailing job completed on vehicles while inside the
building. He would like to use the tent canopy, which he owns, until November± when it would be taken
Page 2 of 4
33
J U N 2 1 2013
(T) Cortlandville Planning Board Regular Meeting Minutes
28 May 2013
3,f
r down for the winter months. No spray cans would be used, just maybe glass cleaner. Three cars would
<� be worked on at one time, five days per week, and he called it a "3 -bay tent." There would be nothing
under the canopy when the business is closed.
At the conclusion of their discussion, a motion was made by Member Newell to approve a Conditional
Permit for the proposed 20 ft. by 30 ft. tent/canopy, as requested, from April 1St thru October 31St.
The motion was seconded by Member John Finamore, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Ambrose
Member Finamore
Motion carried.
This becomes Action #26 of 2013.
Kevin Marlatt, Applicant/ Robert Sweenev, Reputed Owner - 4354 Sweeney Road - TM #75.00-03-
04.000 - Lot Line Adiustment
Chair Wickwire recognized the applicant who stated that he was seeking approval for a lot line
adjustment as shown, which would add .84± A. to his land.
After a very brief discussion, a motion was made by Member Finamore to approve the Lot Line
Adjustment, as requested. The motion was seconded by Member Elizabeth Ambrose, with the vote
recorded as follows:
r Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Ambrose
Member Finamore
Motion carried.
This becomes Action #27 of 2013.
John Barden, Reputed Owner, dba Fastlane Auto - 1799 NYS Route 13 - TM #77.00-01-34.000 -
Non -Compliance w/Original Conditional Permit
Chair Wickwire recognized the applicant and his attorney, Larry Knickerbocker, who stated that his
client had received the PZO's letter and had complied with it. He went on to explain that Mr. Barden's
business is expanding and he will look into having more vehicles in front of his existing building as he
needs to display them. Attorney Knickerbocker explained to the Board how his client moves around the
vehicles on the property. All vehicles are "roadworthy" he said, and there are no junk vehicles. He added
that his client intends to come back to the Board's next meeting to request an amended Conditional
Permit.
Chair Wickwire read from previous Minutes regarding CEO Tom Williams' complaint to PZO Weber. PZO
Weber stated that he had observed the subject property this past week and vehicles are still being parked
on the grassy area, and there are two pieces of auto bodies there. At that time he talked with Mr. Barden
about compliance with his Permit, and also with Attorney Knickerbocker, indicating that the matter was
on the Agenda for this meeting for non-compliance. PZO Weber stated there had been a complaint
received from a neighbor. Two vehicles, last week, were parked on the south side of the building; there is
to be no parking on the grassy areas.
Mr. Barden displayed an aerial photo of the subject property and explained the locations he uses. PZO
Weber stated he was allowed ten vehicles in front and he has twenty there now. He advised Mr. Barden
that if he was expanding, the Board needed to know the details. Member Ambrose commented that he
Page 3 of 4
J U w 2 1 2u13
(T) Cortlandville Planning Board Regular Meeting Minutes
28 May 2013
Zs
1 should come back before the Board with a plan to bring the property into compliance. Chair Wickwire
advised, him to bring in a plan showing what he wanted to do. PZO Weber said to make a new
application and then follow what he wants to do and how much green space there is. Mr. Barden stated
he would like to use the green space in front for parking.
Attorney Knickerbocker stated they would like to come back next month; Mr. Barden asked if the
original Site Plan could be modified, and PZO Weber asked him to come up with. a detailed plan "so we
know exactly, what you are asking for,". including- dimensions of the area(s) where the vehicles will be
parked.
No Action Taken.
Patrick Kozer, Applicant/Gilbert Kozer, Reputed Owner - 4245 Kinnev Gulf Road - TM #85.00-01-
22.110- Subdivision
Chair Wickwire acknowledged that neither the applicant not the owner was present, so PZO Weber
explained that this was a simple subdivision of land, taking a 5 -acre lot out of the main parcel, as shown
on the drawings accompanying the application. To further explain, PZO Weber retrieved the tax maps for
the Board's review.
With very little discussion, a motion was made by Member Finamore to approve the Subdivision, as
requested. The motion was seconded by Member Newell, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Ambrose
Member Finamore
Motion carried.
This becomes Action #28 of 2013.
OTHER MATTERS
✓ Dr. Hawkins' Parking Lot - Member Renzi said the property is still in violation. PZO
Weber stated that the Planning Board has the power to revoke their permit; and that he
has done everything -he can do to get the owner to bring the subject into compliance. He
advised that if the Board wants to revoke the Conditional Permit, there are provisions for
doing. so; the property should conform to what was agreed to in the beginning. Town
Attorney Folmer stated there were two ways to go: they can do nothing, or the Board has
the right to entertain an application to revoke the permit., It is "up to you."
ADJOURNMENT
At 8:50 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.
an E. Fitch, Board Secretary
Page 4 of 4
E-mailed to Town, KW, JMF,
CN,
EA, NR, JF, TW & BW on 6/20/13.
ATTENDANCE SHEET
(T)c-CoRTLANDVI LLE _� J J MEETI1vG OF 5� �
(Your attendance is recorded in the meeting Minutes.)
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36
JUL 2 9 2013
TOWN OF CORTLANDVILLE PLANNING BOARD
Minutes of Regular Meeting - Tuesday, 25 June 2013 - 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
John M. Finamore
Applicants & Public Present
Glenn Reisweber for Lime Hollow Nature Center, Inc., Applicant; John Barden, Applicant & Attorney
Larry Knickerbocker (did not sign Attendance Sheet); Fred & Trevor Schadewald; Nancy & Sandy Samson
& Attorney Mike Shafer.
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. Board Member Elizabeth Ambrose had not arrived at
this time.
( APPROVAL OF MINUTES — 27 MARCH, 30 APRIL & 28 MAY 2013
`—� A motion was made by Member Chris Newell to approve the Minutes of the 27 March, 30 April, and
28 May 2013 Planning Board meetings, as submitted. The motion was seconded by Member Nick
Renzi, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Finamore Absent: Member Ambrose
Motion carried.
This becomes Action #29 of 2013.
(Member Ambrose arrived.)
OLD BUSINESS
Lime Hollow Nature Center, Inc.. Avvlicant/Lee Webster. Revuted Owner - 3269 Gracie Road - TM
#105.05-01-12.110 - Lot Line Adiustment
Chair Wickwire recognized Glenn Reisweber, representing the applicant who was seeking a Lot Line
Adjustment to acquire a 20 -foot strip from this parcel to serve as driveway access to the new Lime Hollow
Education Center. Since the acquisition of this 20 -foot strip made this parcel less than the required
acreage, a variance was obtained at the ZBA meeting held prior to this one.
Page 1 of 6
JUL 2 9 2013
(T) Cortlandville Planning Board Regular Meeting Minutes
25 June 2013
A motion was made by Member Newell to approve the Lot Line Adjustment, as requested. The
tom_ motion was seconded by Member Renzi, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Ambrose
Member Finamore
Motion carried.
This becomes Action #30 of 2013.
Lime Hollow Nature Center. Inc.. Applicant/Reputed Owner - 3277 Gracie Road - TM #s 105.05-
13.110 & 12.110 - Conditional Permit & Aquifer Protection District Special Permit
Chair Wickwire once again acknowledged Glenn Reisweber, representing the applicant who was seeking a
Conditional Permit for the proposed Environmental Educational Center at this facility, as shown on the
Site Plan submitted, and as described in the 28 May 2013 Minutes of this Board.
In response to Chair Wickwire's question, Mr. Reisweber stated that the bridge would be one lane only.
CEO Weber advised the Board that he had just received the stormwater plan, so Patrick Reidy of County
Soil & Water had not had the opportunity to review it yet.
Chair Wickwire acknowledged receipt of the County Planning Board's Resolution No. 13-11, dated 17
April 2013, regarding this project.
With no further discussion, a motion was made by Member Newell to approve a Conditional Permit
for the propsed Environmental Education Center, incorporating Items 1 thru 8 of the Cortland
�— County Planning Board's Resolution No. 13-11, dated 17 April 2013. The motion was seconded by
Member Renzi, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Ambrose
Member Finamore
Motion carried.
This becomes Action #31 of 2013.
A motion was then made by Member Newell that the Town of Cortlandville Planning Board
recommends to the Town Board that they issue an Aquifer Protection District Special Permit and
act as Lead Agency under SEQRA for the proposed Environmental Education Center. The motion
was seconded by Member Renzi, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Ambrose
Member Finamore
Motion carried.
This becomes Action #32 of 2013.
Page 2 of 6
37
JUL 2 9 2013 38
(T) Cortlandville Planning Board Regular Meeting Minutes 25 June 2013
John Barden. Reputed Owner. dba Fastlane Auto - 1799 NYS Route 13 - TM #77.00-01-34.000 -
Non -Compliance w/Original Conditional Permit
CEO Weber advised Chair Wickwire that Attorney Mike Shafer was present regarding this matter,
representing Nancy and Sandy Samson, owners of the adjoining property, and he had requested Privilege
of the Floor.
Chair Wickwire then recognized the applicant and his attorney, Larry Knickerbocker, who stated he had
submitted a letter (not dated) along with a copy of a survey map (rev. 10/ 12/07) to give the Board an
idea of what Mr. Barden wanted to do regarding expansion of his business, Fast Lane Auto. Mr. Barden
was asked at last month's Planning Board meeting to come up with a detailed plan "so we know exactly
what you are asking for," including dimensions of the area(s) where the vehicles will be parked.
(Reference is made to those Minutes for further details.) He also explained what was transpiring on a
daily basis at this business.
Chair Wickwire then acknowledged Attorney Shafer, who had requested privilege of the floor, as stated
above. Representing the Samsons, Attorney Shafer re -visited what has transpired at this property since
its Conditional Permit was approved in 2007. The Permit set forth certain requirements for the business
which has since been determined by the CEO to be not in conformance. Mr. Barden now has some 30±
vehicles parked on the site, with some in the Route 13 ROW. The Samsons claim Mr. Barden's
customers drive vehicles on their property and ongoing trespasses are occurring. Photographs were
submitted showing the general conditions of how the Barden property is being maintained. He does not
understand how Mr. Barden can come before this Board to seek an expansion of this business which is
not in conformance with the original Conditional Permit. According to Attorney Shafer, Mr. Barden has
totally ignored the responsibilities under the existing Conditional Permit.
Chair Wickwire stated she visited the site today and she considered it "pretty bad." Every inch of that
piece of property, she stated, is covered in something, whether a boat, junk, tires, parts of vehicles, or
cars, dumpster w/weeds growing around it, etc. She advised the owner that he had violated the
Conditional Permit that was issued, and if he wanted more vehicles there, the Board needed a better map
showing more detail. Member Renzi continued by saying that the Board was "not here to put you out of
business..." but when it became obvious that the Conditional Permit was being violated, Mr. Barden
should have come back before the Board to resolve the situation. The new conditions being requested
will not exacerbate the problem. Member Renzi advised him to "get into performance with the
Conditional Permit, and then let's talk about this expansion." He then recommended resubmitting the
Site Plan w/ dimensions of the areas showing placement of gravel, blacktop, grass. What's the area?
How much green space will there be? Member Renzi read aloud and then submitted his written
comments (see Attachment A at the end of these Minutes), providing a copy to Mr. Barden and his
attorney. After returning with a new Site Plan, it will be sent to County Planning for their review.
Chair Wickwire commented that the subject property is just too small to do the kind of business that he
is doing. Mr. Barden stated he will try to make the Planning Board happy while looking for another
property.
Town Attorney Folmer advised the Board that they needed to let Mr. Barden go through the
recommendations that had been made and not commit to any decision in advance of seeing the drawing
that had been requested. Attorney Shafer commented that if a fence was installed, and the appropriate
setbacks were maintained, it might solve the Samson's problems. Attorney Knickerbocker stated that he
will review the comments and come back with their response. CEO Weber asked the applicant to contact
him to make sure he has the correct forms since they would be changing the Conditional Permit.
Mr. Barden then mentioned the he has wanted to excavate the rear hilly portion of this property because
if he had that portion flattened, he could then be more organized. CEO Weber added that he also could
have potentially more lot coverage than what's allowed as a portion of the subject property is in the
Wellhead Protection District.
Member Newell requested the applicant submit a cut sheet/photo/rendering of the type of fence that he
would propose.
Page 3 of 6
J U L 1 9 2013
(T) Cortlandville Planning Board Regular Meeting Minutes 25 June 2013
At the conclusion of this extensive discussion, a motion was made by Member Renzi to postpone the
review of the Conditional Permit until the 30 July 2013 meeting of the Town of Cortlandville
Planning Board. The motion was seconded by Member Newell, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None-
Member
oneMember Newell
Member Renzi
Member.Ambrose
Member-Finamore
Motion carried.
This becomes Action #33 of 2013.
NEW BUSINESS
Dickev's BBO. Avulicant/SMS Motor Snorts. LLC. Revuted Owner - 1346-1344 Carroll Street - TM
#76.19-01-32.120 - Conditional= Permit for Food .Sales Trailer
Chair Wickwire acknowledged that neither the. _ applicant_ nor the: owner was present, so PZO Weber
explained that that applicant was seeking a Conditional Permit to set up a mobile food trailer at this
location during the County Fair, from 8 July thru 13 July 2013, operating from 10 a.m. until dark.
Planning Board members had no problem with this.
With very little discussion, a motion was made by Member Newell to approve the Subdivision, as
requested. The motion was seconded by Member Renzi, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Ambrose
Member Finamore
Motion carried.
This becomes Action #34.0'f 2013.
OTHER MATTERS
✓ Jim Reeners' Provosed Senior Project.- Member- Renzi said that he had received an email
from Mr. Reeners stating: that the owner of the property was:.not willing -to extend the
purchase offer on this property any later than 28 June. The ,owner will then seek other
offers. Member Ambrose. thought that -the entire Board needs to keep in mind that the:
Town has an explosive senior population coming. in the near future, everywhere, and this
type of senior housing was really needed. The Board felt that Mr. Reeners had received the
wrong impression from them; a better job communicating needed to be done:
✓ Training - Upcoming - training was briefly discussed. Those members who planned to'
attend should contact Chair Wickwire or Town Clerk Karen Snyder..
ADJOURNMENT
At 8:30 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. (Member Ambrose left before adjournment.)
Y.
Ta� E. Fitch, Board Secretary
Page 4 of 6
E-mailed to Town, KW, JMF;
. CN,
EA, NR; JF, TW & BW on 7/28/13. (R)
39
JUL 2 9 2013
(T) Cortlandville Planning Board Regular Meeting Minutes 25 June 2013
ATTACHMENT A
COMMENTS RELATIVE TO THE CONDITIONAL PERMIT APPLICATION
OF
JOHN BARDEN / FAST LANE AUTO
BACKGROUND:
Currently Mr. Barden is 'in violation of .the original conditional permit and the owner (Samson) of
the adjoining property has been negatively impacted by Mr. Barden's lack of conformance. The
property appears to be packed to capacity with trucks, truck caps, boats, assorted pieces of vehicles
far in excess of the originally granted conditional permit.
The original conditional permit allowed ten roadworthy vehicles to be displayed; currently there are
about twenty-five trucks parked three deep in front of the main building: To the rear of the main
building is an accumulation of tires, truck caps and -miscellaneous hardware with weeds growing
through this accumulation. The entire side and rear areas are packed with trucks in various states
of repair.
The entire site is in violation of the originally granted conditional permit.
REQUESTED AMENDMENT TO THE PREVIOUSLY GRANTED CONDITIONAL PERMIT:
The proposed and submitted marked up site plan shows:
1. A blacktopped area for 32 vehicles in front of the main building.
2. An area with crusher run for an additional .15 roadworthy vehicles.
3. An area at the rear of the property for the storage of an unknown quantity of vehicles
awaiting. repair.
4. An area -for temporary tire storage.
5. An area for temporary storage of short steel and tin.
The above noted areas are not clearly dimensioned and located on.the submitted site drawing.
COMMENTS:
Considering the total disregard that Mr. Barden has shown for the. stipulations of the original_
conditional permit, it is highly doubtful that his performance with enlarged storage areas will result .
in anything more than more areas -of mismanaged vehicles and assorted hardware.
Mr. -Barden has not shown the level of responsibility to support his request for an amended
conditional permit, but if the Planning Board wishes to act on the submitted amendment, then the
following should be addressed:
1. The site plan should be resubmitted with accurate and readable dimensions showing all of
-1 the areas and access thereto for not only business use but also for fire -fighting equipment
access. Aisles and roadway should be shown and dimensioned. Dimensions to reference
points should show the actual location of the various parking areas..
Page 5 of 6
qb
JUL 2 9 2013
(T) Cortlandville Planning Board Regular Meeting Minutes
25 June 2013 .
2. Reasonable setbacks from all property lines should be shown by dimension. Vehicles and
other hardware should not be placed up to the property lines—at least six feet on sides, rear
and ten feet at the front.
3. A fence between the Barden property and the Samson property should be erected that would
avoid Fast Lane customers. and Barden employees from infringing on the Samson property.
This fence should be in accordance with the town code and be aesthetically pleasing to the
Samsons. This fence should block the view of any vehicles or equipment from the Samsons.
4. Comments and specifics as to the resulting lot coverage should be submitted reflecting on.
Section 178-2.2 A.
5. Define business hours and normal working days.
6. There shall be no parking of vehicles on Route 13 blocking the line -of -sight of traffic traveling
south as viewed from the Samson's driveway.
7. The outside storage of tires, short steel and tin shall not be allowed. Consideration will be
given to a storage building.
Mr. Barden has proven to be oblivious to the responsibilities that are part of a conditional permit
and site plan approval. Without very specific definitions of the previously mentioned storage areas,
there will be a constant and continual code enforcement activity which will consume a department
1 that is already overburdened. In addition, the outside storage of tires, short steel and tin should not
be granted since it is detrimental to the surrounding property and more than likely these storage
areas will become overloaded and unmanaged.
I recommend that a more refined and detailed site plan be submitted before the Planning Board acts
on this request.
Submitted by Nick Renzi
Planning Board member
June 25, 2013
Page 6 of 6
411
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AUG 1 6 2'913
01.
TOWN OF CORTLANDVILLE PLANNING BOARD
Minutes of Regular Meeting - Tuesday, 30 July 2013 - 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
John M. Finamore
Applicants & Public Present
Rick Smith, Applicant; Attorney Mike Shafer for Used Car King, Applicant.
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 - 25 JUNE 2013
A motion was made by Member Chris Newell to approve the Minutes of the 25 June 2013 Planning
Board meeting, as submitted. The motion was seconded by Member Nick Renzi, with the vote
recorded as follows:
Ayes: Chair Wickwire Nays: None
- Member Newell
Member Renzi
Member Ambrose
Member Finamore
Motion carried.
This becomes Action #35 of 2013.
OLD BUSINESS
John Barden. Applicant/Reputed Owner (dba Fastlane Auto) - 1799 NYS Route 13 - TM #77.00-01-
34.000 - Non -Compliance w/Original Conditional Permit
CEO Weber advised Chair Wickwire that a letter from Mr. Barden's attorney, Larry Knickerbocker, had
been received (dated 30 July 2013) informing the Planning Board that Mr. Barden and the adjacent
property owners, the Samsons, were in the process of negotiating the sale of the Samson's home on NYS
Route 13 to Mr. Barden. Therefore, Mr. Knickerbocker requested that this Board withhold any further
action at this time.
A motion was then made by Member Chris Newell to postpone the review of the Conditional Permit
until the 27 August 2013 meeting of the Town of Cortlandville Planning Board, as requested by the
applicant's attorney. The motion was seconded by Member Elizabeth Ambrose, with the vote
recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
( Member Ambrose
- Member Finamore
Motion carried.
This becomes Action #36 of 2013.
Page 1 of 3
AUG 1 6 2013
(T) Cortlandville Planning Board Regular Meeting Minutes 30 July 2013
Used Car King. LLC. Avvlicant/Revuted Owner - 3861 NYS Route 281 - TM #86.17-01-11.100 -
�,% ZBA Request for Planning Board to Act as Lead Agencv for SEORA Review
Chair Wickwire recognized CEO Bruce Weber who advised the Board that, at its previous meeting, the
Cortlandville Zoning Board of Appeals adopted a Resolution requesting that this Board act as Lead
Agency with regard to Used Car King's application for a variance to allow more lot coverage than
permitted. There will be at least three involved agencies: Town ZBA, Town Planning Board, and the DEC
because, in all likelihood, a SPDES Permit will be required. The Town Board and City Water Board are
also potential interested agencies. Once this Board has conducted the review, it is to communicate its
decision to the Town ZBA who retains jurisdiction and will make its decision regarding the requested
variance.
A motion was then made by Member Chris Newell that the Town of Cortlandville Planning Board
agrees to act as Lead Agency for the SEQRA review of Used Car King's application for a variance to
allow for greater lot coverage than allowed, as requested by the Town Zoning Board of Appeals.
The motion was seconded by Member John Finamore, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Ambrose
Member Finamore
Motion carried.
This becomes Action #37 of 2013.
CEO Weber reminded the Board that there were some provisions within the Zoning Ordinance that deals
with the ability of the Town to hire a consultant at a cost "associated with the applicant" which may or
may not occur. This will be discussed further between Attorneys Folmer and Shafer, and CEO Weber.
t"
CEO Weber also advised those present of required documents for distribution to all involved/ interested
agencies and what happens thereafter. Attorney Shafer brought Board members up to date on what has
happened with his client's appeal for a variance; he noted that his client had completed a SEAF which
accompanied the application for a variance.
NEW BUSINESS
Rick Smith, Avvlicant (dba Hamm Auto Detailing) /PROP. Inc.. Revuted Owner - 3901 NYS Route
281 (West Road) - TM #86.17-01-02.111 - Conditional Permit for Food Sales
Chair Wickwire acknowledged the applicant who was requesting a Conditional Permit to do food sales in
his parking lot as a fundraiser for various not-for-profit agencies until 17 August 2013, the last day the
NY Jets will be in Cortland for their training camp. The food sales area (selling mostly BBQ sandwiches)
would be right in front of his business, in the parking area that is perpendicular to the road. Photos
were shown. When asked by Chair Wickwire who would be doing the cooking, Mr. Smith stated that he
would, and he has the required Health Department permit.
With very little discussion, a motion was made by Member Ambrose to approve the Conditional
Permit for food sales (BBQ) from 31 July 2013 thru 17 August 2013, as requested. The motion was
seconded by Member Newell, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Ambrose
{ Member Finamore
Motion carried.
This becomes Action #38 of 2013.
Page 2 of 3
AUG 1 6 2013
(T) Cortlandville Planning Board Regular Meeting Minutes 30 July 2013
OTHER MATTERS
✓ Elizabeth Ambrose - Board Member Ambrose advised those present that she will be
resigning her position on the Planning Board in the near future. Family and business
obligations, plus an expected move from the Town, have all contributed to her decision.
She stated that she has appreciated the opportunity to serve on this Board.
ADJOURNMENT
At 8 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.
r
oan E. Fitch, Board Secretary
Page 3 of 3
E-mailed to Town, KW, JMF,
CN,
EA, NR, JF, TW & BW on 8/15/13.
W
- I- - - -
TLANDVILLE-1
ATTENDANCE SHEET
�PLANNING-BOARD, MEETING OF:
attendance is recorded in the meeting Minutes.)
-M
'(PRINTED)_., Name:
Representing/ Regarding: Complete Address:
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NOV : : 13
TOWN OF CORTLANDVILLE PLANNING BOARD
Minutes of Regular Meeting - Tuesday, 24 September 2013 - 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
John M. Finamore
Applicants & Public Present
John Partigianoni, Applicant; Stacy Crandall -Jones, Applicant; Glenn. Reisweber of Lime Hollow Nature
Center; Chris Emery, Pam Jenkins.
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 - 25 JUNE 2013
A motion was made by Member Chris Newell to approve the Minutes of the 25 June 2013 Planning
Board meeting, as submitted. The motion was seconded by Member Nick Renzi, with the vote
recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Ambrose
Member Finamore
Motion carried.
This becomes Action #39 of 2013.
NEW BUSINESS
Jane Compaani Trust. Applicant/Reputed Owner - 1646 Lighthouse Hill Road - TM #77.09-01-
01.000 - Subdivision of Land
PZO Weber advised Chair Wickwire that this application was for a simple Lot Line Adjustment as shown
on the sketch map accompanying the application, and he saw no problems with it.
A motion was then made by Member Newell to approve the Lot Line Adjustment/ Subdivision, as
requested. The motion was seconded by Member Renzi, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Ambrose
Member Finamore
Motion carried.
This becomes Action #40 of 2013.
Page 1 of 5
9S
NOV - 4 1^13 q(O
(T) Cortlandville Planning Board Regular Meeting Minutes
24 September 2013
( i John Partigianoni. Annlicant/Reouted Owner - 928 NYS Route 13 (Cort -Lanes) - TM #95.16-02-
- ' 46.000 - Site Plan Avvroval - Provosed Building Exvansion
Chair Wickwire recognized PZO Bruce Weber who advised the Board that, at its previous meeting, the
Cortlandville Zoning Board of Appeals granted a variance for greater lot coverage than allowed for this
proposed 40 ft. by 40 ft. building expansion.
Chair Wickwire then recognized the applicant and his contractor, Chris Emery. Mr. Partigianoni
explained that he was seeking approval to construct this addition, as shown on the sketch accompanying
the application, to be used for added storage and also for handicapped bathrooms. There was a 12 ft. by
16 ft. shed on the property which will be removed.
Chair Wickwire acknowledged receipt of the Cortland County Planning Department's report, along with
the County Planning Board's resolution recommending approval of the application with three
contingencies.
With no further discussion, a motion was then made by Member Renzi to approve the Site Plan for
the 40 ft. by 40 ft. expansion of Cort -Lanes, as requested. The motion was seconded by Member
John Finamore, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Ambrose
Member Finamore
Motion carried.
This becomes Action #41 of 2013.
Stacv Crandall -Jones. Avolicant/Revuted Owner - 1280 Fisher Avenue - TM #86.17-01-02.111 -
Subdivision of Land
Chair Wickwire recognized the applicant who explained she was seeking approval to subdivide a 300 ft.
by 100 ft. lot from her 2.66± -acre parcel as shown on the map accompanying her application.
With no other discussion, a motion was made by Member Finamore to approve the Subdivision of
Land as requested. The motion was seconded by Member Elizabeth Ambrose, with the vote
recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Ambrose
Member Finamore
Motion carried.
This becomes Action #42 of 2013.
Mark & Denise Mital. Avvlicants (via 8/29/13 letter to PZO Weber)/Revuted Owners - Walden Oaks
Subdivision (PUDI "Church Parcel' - TM #105.08-02-45.000 - Zoning Change from Public Use to
Residential
PZO Weber explained to the Board that he had received a letter from the applicants requesting a change
to its designation from public use to residential use. The applicants stated that at the time of their
purchase they were unaware of any restrictions regarding the designation/use of the property, and none
were brought forth during the sales transaction. They now want to sell it as a "residential lot."
Therefore, the Planning Board needs to review the request and make a recommendation to the Town
Board.
Page 2 of 5
NOV 4, - 13
y
(T) Cortlandville Planning Board Regular Meeting Minutes
24 September 2013
After a brief discussion, a motion was made by Member Newell to recommend to the Cortlandville
Town Board that they change the parcel from Public Use to Residential. The motion was seconded
by Member Ambrose, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Ambrose
Member Finamore
Motion carried.
This becomes Action #43 of 2013.
Rescue Mission. Applicant/Gator Investments. Reputed Owner - 3654 NYS Route 281
(Cortlandville Plaza) - Conditional Permit for Donations Trailer
Chair Wickwire asked if there was a representative of the applicant present; there was no one. An
application had been received for a Conditional Permit to place a storage trailer in the parking lot
alongside McLean Road. The trailer, which is already there, is being used as a drop-off place for Rescue
Mission Donations. Member Finamore stated he was concerned that people would be dumping "stuff"
there at all hours, not just when the donation trailer was staffed. Chair Wickwire stated that the
Planning Board needed to talk with a representative before any action is taken.
A motion was then
made by Member Renzi to
postpone
any action on this application for a
Conditional Permit
until the 29 October 2013 meeting
of this Board in order to allow a
representative to be present. The motion was
seconded
by Member Finamore, with the vote
recorded as follows:
�1) Ayes:
Chair Wickwire
Nays:
None
Member Newell
Member Renzi
Member Ambrose
Member Finamore
Motion carried.
This becomes Action #44 of 2013.
PRIVILEGE OF THE FLOOR
✓ Pam Jenkins re Proposed "Ash to Trash" - Ms. Jenkins stated she lived in Cortlandville
and has done her homework regarding Cortland County's interest in an "ash for trash"
exchange with neighboring Onondaga County. She handed out information to the Board
members, stating that this was an important issue. According to Ms. Jenkins, the County
Legislature wants to turn "our landfill into an ash dump for over 90,000 tons of ash a
year." She reviewed the materials she had included in her handout and asked Board
members to please take a look at them. The County Legislature is "rushing" into this
when, in fact, the Onondaga County Legislature will not address this for at least another
three or four months. Cortlandville needs to be concerned with its sole source aquifer.
✓ Glen Reisweber re Surplus Countv Property Adiacent Lime Hollow Nature Center -
Spoke to Board regarding a 16± -acre parcel of land, adjacent to the Nature Center (LHNC),
which the owner, Cortland County, is contemplating declaring surplus acreage so it can be
sold, as requested in a letter to the County Highway Committee from Cortland Sand &
Gravel. According to Mr. Reisweber, the Legislature was to have voted on this on
September 261h, but it was "pulled" before this could occur. He then displayed some
documents pertaining to this parcel. The first, dated August 1978 from Environmental
Management Council, in conjunction with County Planning, classified the area as anything
Page 3 of 5
NOV - 4 -13 q2
(T) Cortlandville Planning Board Regular Meeting Minutes
24 September 2013
t but surplus. So the subject parcel was not considered "surplus" in 1978. This area has
1 flooded in the past and is so documented; it's actually nature's retention pond, he stated.
Next, in a letter to Benny Gunzenhauser in 1995, the Environmental Management Council
thanked him for donating the land to Cortland County, and recognized the importance of
the land "donated to the citizens of Cortland County." The letter also acknowledged its
"unique environmental qualities." He also read from a 2009 document, authored by
County Legislator Danny Ross to the Open Space Plan, which demonstrated the subject
land was not considered surplus at all. The last document he displayed was a map from
the NYSDEC showing "two pink gumballs." One of them was over the subject property,
and the legend read "Significant Natural Communities." Chair Wickwire then explained the
underlying reasons for why this property might be classified as surplus. She felt the area
should be protected. Would like to make a recommendation to the Town Board to that
effect. Pam Jenkins commented that the County has been allowed to mine gravel on that
land. Town Attorney Folmer added that there is a rumor that the County has mined the
property for gravel purposes for the Highway Department by using the permit issued to
Cortland Sand &. Gravel. PZO Weber added that if one looks at the permit issued to
Cortland Sand & Gravel, it does not include County -owned lands, and unless the County
has received a NYSDEC permit to mine, then they are in violation. Therefore, if the
property is declared "surplus," it could be sold (by bid) to Cortland Sand & Gravel to avoid
the DEC's assessing them. Chair Wickwire asked if the property could be donated to Lime
Hollow? Mr. Reisweber stated that this was not his concern; he wanted it to remain a
protected area, and the Town should be apprehensive about what's going on. PZO Weber
suggested the possibility of Chair Wickwire writing a letter to the County Legislature
setting forth their position regarding this proposed classification. At the conclusion of this
extensive discussion, a motion was made by Member Newell to authorize Chairperson
Kathy Wickwire to draft a letter to the County Legislature and the Town Board,
indicating the taking of the position of what the 16 -acre parcel of land discussed
Jj tonight should be used for. The motion was seconded by Member Finamore, with the
vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi Absent: Member Ambrose (left at 8 PM)
Member Finamore
Motion carried.
This becomes Action #45 of 2013.
OTHER MATTERS
✓ John Barden - dba Fast Lane Auto - PZO Weber indicated to the Board that Mr. Barden would
be back. Member Renzi commented that Attorney Mike Shafer had informed them that Mr.
Barden was in negotiations with his clients, the Samsons, to purchase his adjoining property.
PZO Weber stated that to date nothing has occurred, and that the Board needed to hold a
Public Hearing for the purpose of reviewing his Conditional Permit. A motion was then made
by Member Renzi to set a Public Hearing for Mr. Barden on 29 October 2013, 7:30 PM, for
the purpose of considering the revocation of this Conditional Permit. The motion was
seconded by Member Newell, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi Absent: Member Ambrose
Member Finamore
Motion carried.
This becomes Action #46 of 2013.
Page 4 of 5
NOV a �.'S13
(T) Cortlandville Planning Board Regular Meeting Minutes
24 September 2013
! ✓ Walmart Storage Trailers - Member Renzi asked about the storage trailers located along NYS
-� Route 13 in the Walmart parking lot. PZO Weber will check them out.
✓
Flooding in St: Mary's.' Cemetery - Member Finamore asked if anyone knew about any
retention ponds that'had been constructed on adjoining property "at the top?" PZO Weber
advised that this might be a civil matter.
ADJOURNMENT
At 8:38 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.
an E. Fitch, Board Secretary E-mailed to Town, KW, JMF,
CN,
EA, NR, JF, TW & BW on 11/03/13:
Page 5 of 5
(T'C:O'RTLAMQVILL"E°
ATTENDANCE SHEET
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NOV 1 8 %-D13
TOWN OF CORTLANDVILLE PLANNING BOARD
Minutes of Public Hearing & Regular Meeting - Tuesday, 29 October 2013 - 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
John M. Finamore
Applicants & Public Present
Charles Chappell for Rescue Mission, Applicant; Attorney Mike Shafer & Engineer Chuck Feiszli for Used
Car King, LLC, Applicant; Attorney David Hartnett for Cortland County, Applicant; John Barden,
Applicant; David J. Adams, Applicant; Daniel Freelove, Applicant; Karen Howe, James McNamara, David
W. Adams, Agnes Renzi.
PUBLIC HEARING
John Barden. Avplicant/Reputed Owner, dba Fastlane Auto - 1799 NYS Route 13 - TM #77.00-01-
34.000 - Compliance w/Conditional, Permit
At 7:34 p.m., Board Secretary Fitch read aloud the Public Hearing notice as published in the
Cortland Standard on 15 October 2012. Proof of Publication has been placed on file for the
r record.
Chair Katherine Wickwire recognized Mr. Barden who reported what he had accomplished (since his last
appearance before this Board) by way of cleaning up the subject property to bring it into compliance with
his Conditional Permit; he also provided photographs. PZO Weber stated he had visited the subject site
_today and had also taken photos which were shown to Board members, and have been placed on file for
the record. Member Nick Renzi then asked the applicant what was the point of informing the Board of
what has been removed. Mr. Barden went on to explain that his previous agreement/ contract to
purchase the Samson property next door did not go through; the property was sold to someone else
(Economy Paving). He advised the Board that he currently has two other offers "on the table at two other
locations." The subject facility will be kept, regardless, he stated. He expects to hear about the other
offers "within 60 days." Those parcels would be used for "overflow storage," one being located in
Syracuse, and one in the Town of Cortlandville. Mr. Barden then added that "by the end of this week, I'll
have a lot more stuff out of there." i He would also like to erect a fence between the Samson property and
his property, back to the rear property line. He then asked the Board to work with him to continue to do
business at this location.
Chair Wickwire advised Mr. Barden that the Board did not try to put people out of business, but he had
a Conditional Permit and, because of a complaint, it was brought to everyone's attention; it was then
discovered that he was not in compliance with his Conditional Permit. Chair Wickwire then
acknowledged receipt of a 10/ 1/ 13 letter from Larry Knickerbocker, Mr. Barden's attorney. She added
that the Planning Board wanted to work with him, but he should come up "with a Revised Plan because
you are going to have other land and you can get rid of some of this ..." Mr. Barden stated that PZO
Weber had previously advised him, regarding display vehicles, that he had "way too many up front, like
32 or 34," and he's now down to two rows (19 or 20). He also has removed 25 vehicles "from out back,"
and lots of other stuff. PZO Weber added that there are presently two -to -three piles of tires, piles of
scrap, etc. still there, and the conditions he witnessed today are "still pretty bad." Stuff is sitting in
t weeds with weeds growing up between them. Mr. Barden advised that within 30 days, "there will be no
tires, no scrap. I can guarantee that. I would say probably another five vehicles will be gone." He
further stated that he would like to be able to display up to 25 vehicles and service vehicles there. Mr.
Barden stated he never constructed the storage building he received approval for on 29 April 2008
(Action #39 of 2008). However, he may return before this Board to see if he could "build a storage
Page 1 of 7
0-7�b
NOV 1 8 '2013
51
(T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes 29 October 2013
building out back just for parts and what -not." He will "definitely come back and amend that with a
plan." Chair Wickwire asked when that would be, and the applicant responded "I would say we could
come back with a plan at the next meeting if you want."
Member Renzi stated, in a recap, that the applicant had appeared before this Board in March of 2013,
and it has now been seven months and he is still not in compliance with his Conditional Permit. The
Board understands he needs to run a business and he does not have lots of employees, but it is the
applicant's problem to solve. Member Renzi advised, "You've got to come back at the next meeting—and
we're being very lenient—with a definitive plan to get this property in conformance with the Conditional
Permit. No excuses, no weather, no limited people, none of that stuff." Chair Wickwire advised the
applicant that he could make a revision request. Member Renzi clarified this by stating, "Whatever it is
that you're going to do, get it done. You haven't applied for a Conditional Permit extension or
modification. So if you want to do that, come in with a request to change the Conditional Permit, and a
set of plans that defines what you're going to do with this revised Conditional Permit by the next
meeting." Mr. Barden responded by stating that, at the last meeting he was here, with Attorney
Knickerbocker, he did have a plan that was not looked at. PZO Weber stated there were discussions at
that time, but he did not recall anything in writing. Member Newell responded he had seen nothing that
reflected an increase from 20 vehicles to 30 vehicles. PZO Weber said that Attorney Knickerbocker's
letter referred to coming back to another meeting with a revised plan. Mr. Barden then said that what
he wanted to do had been explained at a previous meeting, but there was "nothing on paper." He then
stated, "so well bring that back on paper for you, by the next meeting."
PZO Weber explained to the applicant that his Conditional Permit limited him to the sale of vehicles, not
the storage of tires, scrap metal, and junk vehicles; if he wanted to do those things, he needed to come
back with a revised plan. Mr. Barden disagreed with PZO Weber's use of the word "junk." Chair
Wickwire interrupted the beginning of a "junk" discussion and advised the applicant, "What we want you
to do is bring back either a revised plan or tell us that you're in compliance to this plan that you have
now. You said you could bring back a revised plan . . . then that's it. We should have pulled your
Permit right now, but we're not doing that because we like you, believe it or not, and we like your
business. We want to make sure that you do well in business, but you can't just keep telling us yes, I
want to do this and I want this and I want to do this and nothing is done. You have been cleaning out.
Fine, but you need to come back with a revised Conditional Permit request." Member Renzi thought this
was fine, with one addition—a timetable to execute what he would like to do, to get it done.
Member Renzi again clarified what Mr. Barden needed to do: come back with a revised plan, a revised
Conditional Permit request, and a timetable to implement the revisions. PZO Weber stated the applicant
had issues that he will have to address based on lot coverage and what he proposed to do. If Mr. Barden
exceeds the lot coverage, he'll need a variance for that. However, without a plan, that determination
cannot be made.
Town Attorney Folmer advised that what the Board had requested of the applicant needed to be
submitted at least a week before the meeting so it can be circulated. Chair Wickwire thought that would
not give Mr. Barden enough time, and maybe the Board should give additional time to receive the
requested materials. Chair Wickwire reviewed the calendar. The submittal date for the 26 November
meeting would be 19 November, not enough time, she said. After a brief discussion, the Board thought it
best to change their December 31St meeting date to 17 December 2013, with the requested materials to
be received by 10 December.
Chair Wickwire recognized James McNamara who wished to address the Board regarding this applicant.
Mr. McNamara stated he traveled by the applicant's business every day. Customers park on the
shoulder of the road. Vehicles are loaded/unloaded on the shoulder also. He stated he complained to
the Town in June, and was told the applicant was allowed to park any place that he wanted to and had
no restriction on the number of vehicles. Chair Wickwire asked Mr. McNamara whom he had talked
with, and he answered Tom Williams. Mr. McNamara stated he expected to see a Site Plan here at this
Public Hearing. He added that "this place is a traffic hazard. Somebody's going to have an accident out
there at some point in time."
Page 2 of 7
NOV 18 2,013
0
(T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes 29 October 2013
At the conclusion of this extensive discussion, a motion was made by Member Newell to recess the
Public Hearing until 17 December 2013 at 7:30 p.m., pending receipt of a Revised Site Plan and a
timetable for its implementation. The motion was seconded by Member Renzi, with the vote
recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Finamore Absent: Member Ambrose
Motion carried.
This becomes Action #47 of 2013.
REGULAR MEETING
The regular meeting of the Town of Cortlandville Planning Board was called to order by Chair
Wickwire.
OLD BUSINESS
Rescue Mission. Auolicant/Gator Investments. Renuted Owner - 3654 NYS Route 281
(Cortlandville Plazal - Conditional Permit for Donations Trailer
Chair Wickwire recognized Charles Chappell, representing the applicant who was seeking a Conditional
Permit to place a 12 ft. by 32 ft. storage trailer in the parking lot alongside McLean Road. The trailer,
which is already there, is being used as a drop-off place for Rescue Mission Donations. He apologized for
placing the trailer before approval of a permit.
Mr. Chappell explained the "donation center" would be skirted. This center is staffed from 9 a.m. to 8
p.m., seven days a week. If anything is left outside after the main store closes at 9 p.m., the staff of the
main store will retrieve it for their nightly truck pickup, which also occurs seven nights a week. He
stated that they have five donation centers in Wegman's parking lots and they are pleased with their
facility. Heat is provided by propane heaters; lights are solar -powered.
Chair Wickwire commented that she had a problem with the location of the donation center. She
thought it was "ugly" and very visible, next to McLean Road, is a trailer. This has never been allowed
before and is permanent, not temporary. Mr. Chappell offered to provide some sort of visual buffer
between the road and the trailer - some greenery on the berm he stated. Chair Wickwire thought this
would be an improvement. PZO Weber stated that plantings would not shield the trailer from view and it
also should not obstruct the line of sight from the nearby driveway onto the McLean Road.
When asked what was done at the Groton Ave. Plaza store, Mr. Chappell stated they had no donation
trailer outside because the store itself was larger and donations were taken inside.
Member Renzi asked if a different, Amish -type of building had been considered; Mr. Chappell said he'd
never been asked that question but thought "trimming it out" might be a possibility, but the subject
trailer is most economical and holds enough product for a truckload. Member Renzi asked Mr. Chappell
if it would be an imposition for him to look at some other type of storage building, perhaps with a peaked
roof, which would look better. Chair Wickwire suggested he come back with a different plan and maybe
some plantings to dress up the area; Mr. Chappell agreed to do so. .
Page 3 of 7
NOV 1 8 2-913
W
(T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes 29 October 2013
At the conclusion of this discussion, a motion was made by Member Newell to postpone the request
G for a Conditional Permit until the 26 November 2013 meeting of the (T) Cortlandville Planning
Board to provide the applicant's rep to explore alternatives as requested. The. motion was
seconded by Member Renzi, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Finamore Absent: Member Ambrose
Motion carried.
This becomes Action #48 of 2013.
Used Car Kinew. LLC. Avvlicant/Rev_ uted Owner - 3861 NYS Route 281 - TM #86.17-01-11.100 -
Conditional Permit
Chair Wickwire recognized Attorney Mike Shafer and Engineer Chuck Feiszli, representing the applicant.
Mr. Feiszli had put together a revised plan for this proposed project (expansion of parking lot for sales
vehicles), and he explained the drainage revisions, etc., for the additional 130 vehicles (down from
previous 170 vehicles). PZO Weber reminded them that a variance would be required for exceeding lot
coverage, and also that the ZBA has requested this Board act as Lead Agency under SEQRA. A Full EAF
needs to be completed and submitted.
Attorney Shafer spoke about recharge issues, and Engineer Feiszli stated he had not yet talked with Pat
Reidy of County Soil &, Water. They were present to consult with the Board regarding the process.
Attorney Shafer stated they needed to put the design elements together and come back with a formalized
SWPPP. They will go back to the ZBA with their revised plan which includes using semi -permeable
materials to lessen the impact on drainage issues. Attorney Shafer asked if the Board had anything they
were concerned about. Chair Wickwire stated she would like comments from Pat Reidy after he reviews
what the engineer has prepared.
Member Renzi reiterated that lot coverage and green space are the big issues they need to address.
Engineer Feiszli stated he would talk with Mr. Reidy. Member Renzi would like to be invited to that
discussion. The applicant is looking to spring to build.
No Action Taken.
NEW BUSINESS
Daniel J. Freelove. Applicant/Revuted Owner - 3550 Loove Road - TM #97.04-01-03.000 -
Conditional Permit for MVR Business in Ae District
Chair Wickwire recognized the applicant who was seeking a Conditional Permit to operate an auto repair
business as described in his application. The ZBA had met prior to this meeting and granted Mr.
Freelove a variance to conduct this business in an Agricultural District.
Chair Wickwire and the Board reviewed the Cortland County Planning Board's Resolution No 13-34, a
copy of which has been placed on file for the record. The resolution recommended approval of the
application with contingencies. Mr. Freelove stated that he had no problem with any of the
contingencies therein.
With no further discussion, a motion was then made by Member Newell to approve the Conditional
f Permit for an auto repair business, as requested, as long as all ZBA and Cortland County Planning
Page 4 of 7
3-4
NOV 1 8 Lji3
(T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes 29 October 2013
\ Board's recommendations are met. The motion was seconded by Member Renzi, with the vote
recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Finamore Absent: Member Ambrose
Motion carried.
This becomes Action #49 of 2013.
Cortland Countv. Applicant/Reputed Owner - 4267-4272 Miller Street - TM #76.19-01-55.000 -
Subdivision of Land AND
Land Essentials. Inc.. Applicant/Reputed Owner - 4316 US Route 11 - TM #76.19-01-19.120 -
Subdivision of Land
Chair Wickwire recognized David Hartnett, Assistant County Attorney, representing the applicants who
were seeking a "land swap" as shown on the aerial map accompanying the applications. Each applicant
had subdivided a portion of their parcels and were exchanging it as indicated
A motion was made by Member Newell to approve the subdivision of TM #76.19-01-55.000
(Cortland County, Reputed Owner), as requested. The motion was seconded by Member Renzi,
with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Finamore Absent: Member Ambrose
Motion carried.
This becomes Action #50 of 2013.
A motion was then made by Member Newell to approve the subdivision of TM #76.19-01-19.120
(Land Essentials, Reputed Owner), as requested. The motion was seconded by Member Renzi, with
the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Finamore Absent: Member Ambrose
Motion carried.
This becomes Action #51 of 2013.
David Adams. Applicant/Connie Triscari. Reputed Owner - 4316 US Route 11 - TM #95.16-01-
12.000 - Conditional Permit for Proposed Woodworking Business
Chair Wickwire recognized David J. Adams (son) and David W. Adams (father) who were seeking a
Conditional Permit to conduct a woodworking business at this location (former Damian Auto). A
narrative attached to the application stated that they were proposing to operate this wood carving
business (chainsaw carvings) Tuesday thru Sundays, 9 a.m. to 6 p.m. Logs would be carved on the
north side of the building, with a display area on the south side front of the building, all as shown on the
sketch plan accompanying the application. They would also like to sell Christmas trees during the
season and eventually build and sell swing sets. Concern was voiced over possible loud noise from
using the chainsaw(s) outdoors. The Board thought approving a Conditional Permit for a set period
would allow time for possible complaints to be received.
Page 5 of 7
N 0 V 1 B 2.913
(T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes 29 October 2013
1 After a brief discussion, a motion was made by Member Newell to approve the Conditional Permit
for the woodworking business, as requested, with review of the Permit in six (6) months if any
complaints have been received. The motion was seconded by Member Renzi, with the vote
recorded as'follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Finamore Absent: Member Ambrose
Motion carried.
This becomes Action #52 of 2013.
Gwen
Anthonv & Patricia DiGiovanna. Applicants/Reputed Owners - 869 Wen Lane - TM #s 86.16-01-
05.000. 85.16-02-02.000 & 03.000 - Lot Line Adiustment
PZO Weber explained that -the applicants were simply adding a portion to the existing house and the
remaining lands will be combined with another parcel to the south that they own, as shown on a map
accompanying the application.
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 Newell, with the vote recorded as
follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Finamore Absent: Member Ambrose
Motion carried.
This becomes Action #53 of 2013.
OTHER MATTERS
✓ Walmart Storage Trailers - PZO Weber reported that these storage units were moved
from the rear of the facility to the side while they were installing solar panels on the roof.
They have layaway goods in them for Christmas, and they will be moved back where they
originally were. Part of them will be gone. PZO Weber will review the storage trailer
issue to see what had been approved.
✓ Letter from VanDeusen Isp) - Gwen Lane - Board members had received a copy of a
letter complaining about someone who has not hooked up to public sewer as they are
required to do.
✓ Upstate Auto - Cor. Kinnev Gulf Road & NYS Rte. 281 - Member John Finamore
asked about pre -owned vehicles being display for sale on this vacant lot. This makes the
line of sight obstructed when exiting onto Route 281 from Kinney Gulf. PZO Weber stated
that the owner is not authorized to have cars there, but he is welcome to come in and
make application for same.
✓ Cortland Co. Surplus Land (next to Lime Hollow NCI - Chair Wickwire advised that
she did not send out letter as indicated in last month's Planning Board Minutes after
talking with Town Attorney.
_ ✓ Vacant Land at Top of Commons Ave. - Chair Wickwire reported that one of the neighbors to
this property had purchased it.
ADJOURNMENT
At 9:05 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 6 of 7
55
NOV 1 8
(T) Cortlandville Planning Board Public Hearing & Regular Meeting Min;ates
oaan E. Fitch, Board Secretary
Page 7 of 7
5b
29 October 2013
E-mailed to Town, KW, JMF,
CN,
EA, NR, JF, TW, DC & BW on 11/1.6/13.
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JAN 2 7 2014 1-51
TOWN OF CORTLANDVILLE PLANNING BOARD
Minutes of Regular Meeting - Tuesday, 17 December 2013 - 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
John M. Finamore
John A. DelVecchio
Applicants & Public Present
Charles Chappell for Rescue Mission, Applicant; John Barden, Applicant; Gerald Bell, Applicant; Keith
Pace, Applicant; Attorney James Baranello for Clearmideo LLC, Applicant; George Mowry, William Cleary,
Joe Armideo, Ed Cleary.
REGULAR MEETING
The regular meeting of the Town of Cortlandville Planning Board was called to order at 7:40 p.m.
by Chair Katherine Wickwire.
r APPROVAL OF MINUTES — 30 JULY, 24 SEPTEMBER & 29 OCTOBER 2013
A motion was made by Member Nick Renzi to approve the Minutes of the 30 July, 24 September,
and 29 October meetings, as submitted. The motion was seconded by Member John Finamore,
with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Finamore Abstain: Member DelVecchio
Motion carried.
This becomes Action #54 of 2013.
INTRODUCTION OF NEW BOARD MEMBER
Chair Wickwire introduced and welcomed a new member of the Town of Cortlandville Planning Board,
local attorney John Arden DelVecchio. Member DelVecchio assured everyone present that he would
recuse himself from any applications which would be a conflict of interest.
OLD BUSINESS
John Barden. Applicant/Reputed Owner. dba Fast Lane Auto - 1799 NYS Route 13 - TM #77.00-01-
34.000 - Revised Site Plan
(At the 29 October 2013 meeting of this Board, a Public Hearing was held regarding the applicant's
failure to comply with his original Conditional Permit. At that time, the Public Hearing was recessed
pending receipt of a Revised Site Plan, along with a timetable for its implementation.)
New Board Member John DelVecchio advised everyone present that, in the past, the applicant had been
a client.
Page 1 of 8
JAN 2 7 2014
(T) Cortlandville Planning Board Regular Meeting Minutes 17 December 2013
Board Member Nick Renzi acknowledged the revised Site Plan submitted by Mr. Barden. The plan
included more detail. Member Renzi reviewed the undated narrative prepared by the applicant which set
forth what he would like to do at his dealership. Member Renzi had prepared his own response to Mr.
Barden's narrative, a copy of which is attached to these Minutes. Member Renzi read aloud the
"Comments" contained on pages 2 and 3 of the attachment. The dimensions shown on the plan need to
be more accurate, and lot coverage needs to be specified. There should be a new drawing showing all
dimensions. There was no timetable provided, as requested by the Board. Regarding the fence
mentioned at previous meetings, Mr. Barden stated that the new owner of the former Samson property,
Economy Paving, might change the grade of their property and so he did not want to construct a new
fence.
PZO Weber asked the applicant about placement of the vehicles shown in the photo he had supplied. Is
this how they are proposed to be parked? Mr. Barden said, "That's correct." PZO Weber then added,
when comparing the photo to the drawing, that on his drawing, the vehicles are parked behind the power
line (which is the property line), but in the photo, the vehicles extend beyond that.
Chair Wickwire thought that, since the new plan was so much different that the original, it should be
forwarded to County Planning for their review. Member Renzi commented that if this was done, it
should also include the timetable, a drawing that was "professionally done, and a formal Conditional
Permit request. PZO Weber stated that a revision to the existing CP could be done, and suggested that
at the next meeting the Board could review what's being submitted, to see if they feel that the application
is complete.
At the conclusion of this lengthy discussion, a motion was made by Member Chris Newell to postpone
the review of the Revised Site Plan until the 28 January 2014 meeting. The motion was seconded
r
by Member Renzi, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Finamore
Member DelVecchio
Motion carried.
This becomes Action #55 of 2013.
Rescue Mission. Auulicant/Gator Investments. Reputed Owner - 3654 NYS Route 281
ICortlandville Plaza) - Conditional Permit for Donations Trailer
(Reference is made to the 29 October 2013 Minutes of this Board when Charles Chappell, representing
the applicant who was seeking a Conditional Permit to place a 12 ft. by 32 ft. storage trailer in the
parking lot alongside McLean Road, appeared. At that time, Chair Wickwire and the Board suggested he
explore alternatives and come back with a different plan; Mr. Chappell agreed to do so.)
Chair Wickwire recognized Mr. Chappell who explained that, to improve the proposed look of the trailer,
they could gable the roof, place shutters on the windows, and landscape around the unit itself. The sign
was removed. The donation trailer was needed as the store they moved from was larger than the subject
store, which, they feel, has a superior location. The donation unit is "manned" about eleven hours per
day. Anything deposited outside overnight is immediately picked up first thing in the morning.
Regarding placement of bushes onsite to block the view of the storage trailer, PZO Weber stated that if
they were placed in the State right-of-way, permission from the State would have to be obtained; they
may or may not give that approval.
Member Newell asked if it would be possible to relocate the storage unit to the far side of the property
(north) along the fence. Mr. Chappell responded that the location of the unit is specified in their lease.
Member Renzi asked if the landlord gave permission for relocating the trailer to the other side of the
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(T) Cortlandville Planning Board Regular Meeting Minutes 17 December 2013
parking lot, as suggested by Member Newell, would they do it? Mr. Chappell stated it would be more
-� difficult to operate, having the unit away from the store itself. Chair Wickwire was concerned about
setting a precedent, as was Member Newell. She commented that it never should have been placed there
in the first place, and they had room enough at the former facility so a storage trailer was not needed.
Moving to a smaller place was not the Board's problem.
At the conclusion of the discussion, a motion was made by Member Newell to postpone the matter
until the 28 January 2014 meeting of this Board to allow the applicant's rep time to explore an
alternate location, as requested. The motion was seconded by Member Renzi, with the vote taken
as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Finamore
Member DelVecchio
Motion carried.
This becomes Action #56 of 2013.
NEW BUSINESS
Clearmideo LLC. Avolicant/Reputed Owner - 3246 South Cortland -Virgil Road - TM #s 105.08-01-
14 & 7 and 105.00-02-02 - Conditional Permit for Proposed Gas Station
Chair Wickwire recognized Town Attorney John Folmer who advised that the Board that Zoning Board of
Appeals, at their meeting just before this one, had granted a use variance for construction of a gas
station in a B-2 District. Therefore, they are not fully prepared to make a presentation to this Board.
The applicant's attorney, James Baranello, concurred and requested to come back before this Board at
their 28 January 2014 meeting; if unable to do so at that time, he would contact the Board.
A motion was then made by Member Renzi to postpone the request for a Conditional Permit until
the 28 January 2014 meeting of the (T) Cortlandville Planning Board as requested by Attorney
James Baranello. The motion was seconded by Member DelVecchio, with the vote recorded as
follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Finamore
Member DelVecchio
Motion carried.
This becomes Action #57 of 2013.
Gerald R. & Favanne L. Bell. Applicants/Reputed Owners - 1136 Blue Creek Road - TM #76.00-04-
12.111 - Subdivision of Land
PZO Weber advised the Board that the owners had previously subdivided a couple of parcels out of this
property without Town Planning Board approval. PZO Weber stated, and he also informed the
applicants, that until such time as they get approval for that subdivision (which has already been filed),
no action should be taken on this application. He further stated that he had asked Mr. Bell to make
application for the previous subdivision at the same time as he made application for this one; this was
not done. It was not understood how the previous subdivision could have been filed with the County
-` without Town Planning Board approval; this should not have occurred.
Chair Wickwire and the Board then reviewed the copy of an aerial photo, which accompanied the current
application. Mr. Bell explained the right-of-way shown to Mr. Stevens' property. PZO Weber also stated
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(T) Cortlandville Planning Board Regular Meeting Minutes 17 December 2013
that, regarding Mr. Stevens' property, that should have had a lot line adjustment by the Town Planning
Board; this, too, was never applied for. Both Mr. Bell and Mr. Stevens had been so informed by PZO
Weber; they chose not to do what was required.
The application before the Board at this time is to subdivide the house from the remainder of the
property.
Town Attorney Folmer then commented "somewhere along the line, someone filed a subdivision in the
County Clerk's Office improperly." It was his suggestion that the subdivisions should be done
simultaneously. "Bring it all here, get it all done, do it all at one time." He also suggested trying to find
out how got filed without Town Planning Board approval.
At the conclusion of the discussion, a motion was made by Member Newell to postpone the
subdivision until the 28 January 2014 meeting to allow the applicant time to submit the requested
paperwork. The motion was seconded by Member Renzi, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Finamore
Member DelVecchio
Motion carried.
This becomes Action #58 of 2013.
Keith Pace. Applicant/Reputed Owner - 277 Tompkins Street - TM #96.09-01-55.000 - Site Plan
for Proposed Addition
Chair Wickwire recognized the applicant who was seeking approval to construct a 24 ft. by 27 ft. one-
story addition (at the rear of this existing building), shown as Tenant C on the Site Plan accompanying
the application.
With no further discussion, a motion was made by Member John Finamore to approve the Site Plan
for the proposed addition, as requested. The motion was seconded by Member Newell, with the
vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Finamore
Member DelVecchio
Motion carried.
This becomes Action #59 of 2013.
OTHER MATTERS
✓ Walmart Storage Trailers - PZO Weber reported solar panels are still being installed on
the roof. PZO Weber will review the storage trailer issue to see what had been approved.
✓ Grand Rental Station on McLean Road - Chair Wickwire had received a complaint
about the appearance of this business—too much equipment/lot coverage. PZO Weber
will check on this.
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(T) Cortlandville Planning Board Regular Meeting Minutes 17 December 2013
✓ Upstate Auto = Cor. Kinnev Gulf Road & NYS Rte. 281 - PZO Weber left a message
with them and only one vehicle is there now.
✓ Cortlandville's. Land Use Plan - Board members received their copy. The .Committee
has done its job. Public and Town Board' comments not made yet.
✓ Eihplovee Handbook - Distributed to Board members.
✓ Rescue Mission' Trailer = Member Finamore stated that other trailers' (Tropical Wheels, Pall
Trinity, etc.) are being used to -"do their business." This is done everywhere. He supports the
donation unit as it is.
ADJOURNMENT:
At 8:48 p.m., a motion to.adj'Ourn the meeting was made by Member Renzi, - seconded by Member Newell,
with all members present -voting. in the affirmative..
oan E. Fitch' Board Secretary E-mailed: to Town, KW, JMF,
CN,
EA, NR, JF,- TW, DC & BW on 1/27/14.'
Attachmeint: Renzi Comments, 12/17/13
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(T) Cortlandville Planning Board Regular Meeting Minutes 17 December 2013
s.Wh.
NICK RENZI'S" COMMENTS _RELATIVE TO THE: CONDITIONAL PERMIT APPLICATION
:OF
JOHN BARDEN / FAST LANE AUTO
DECEMBER 17,2013':
BACKGROUND:
The following Background statement was made in my Comments summary dated June 25,
2013.
Currently Mr. Barden is in .violation of the original conditional permit and the owner (Samson) of
the, adjoining property has been negatively impacted by Mr. Barden's lack of conformance. The
property appears to be packed to capacity with trucks, truck caps, boats assorted pieces of vehicles
far in excess of the origin ally: granted. conditional permit.
The original conditional permit allowed ten road worthy vehicles to be displayed, currently there are
about twenty five trucks parked three deep in front of the main building. To the rear of the main'
building is an accumulation. of tires, truck caps andmiscellaneous hardware with weeds growing,
through this accumulation. The entire side and:rear areas_ are packed.with trucks in various states
of repair.
The entire site is in violation of the originally granted conditional permit.
Additional and most recent background information:
J
At:the-Planning Board meeting of October 29, 2013.;there was a lengthy discussion with John
Barden relative to course of action to be taken.. The minutes of that meeting document that -
discussiom Essentially the Planning Board wanted:
A revised site Plan
A revised Conditional Permit request
A timetable to implement the revisions.
REOUESTED CHANGES TO THE CONDITIONAL. PERMIT
Mr. Barden in his. memo to Kathy Wickwire, Planning Board Chair is=requesting the following as
extracted from his memo:
1. Would like to have 30 trucks maximum
2. Usually 20 will be displayed in front of the dealership. on blacktop.
3. On the North side of the building I would like to have 5 trucks ready to come in next.
-- :4. Way outback and out of sight, 10 trucks waiting to go into queue.
5. We also have a 6-t6n. garbage container placed next to the *building.
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JAN 2 7 2014
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(T) Cortlandville Planning Board Regular Meeting Minutes 17 December 2013
6. On the back of the building we -store about fifty 30 -gallon containers of vegetable oil for
heating purposes.
7. I would like to build 3 wooden fenced compartments out back to. house tires, tin and short
steel.
8. A small amount of land out of sight shall be designated for: our extra parts for our trucks.
These parts would be bumpers; toolboxes, hoods, doors: and any good used parts for my
trucks. .
9. Truck caps will be moved, stacked and stored at the back of the property.
The proposed and submitted marked up site plan shows:
1. A black topped area for 28 vehicles in front of the main -building.
2. A black topped area with 5 cars in queue.
3. A Waste Management container is shown on -this blacktopped area.
4. An area with crusher run for an additional 10 trucks to be worked on, three .storage bins,
storage shed and a 1000 square foot space for parts.
The above noted areas are shown on a hand made sketch not completely dimensioned.
COMMENTS:
I made there following comments in my June 25, 201-3 report and they are still relevant: :
The site plan should be resubmitted with accurate and readable dimensions showing all of
the areas and access there to for not only business use but also for fire fighting equipment
access. Aisles and roadway should be shown and dimensioned. Dimensions to reference
points should show the actual location of the various parking areas.
2. Reasonable setbacks from all property lines should be shown by dimension. Vehicles and
other hardware should not be placed up 'to the property lines. At least six feet on sides, rear
and ten feet at the front.
3. A fence between the Barden property and the Samson property should be erected that would
avoid Fast Lane customers and Barden employees from infringing on the Samson property.
This fence should be in accordance with the town code and be aesthetically pleasing to the
Samson's. This fence should block the view of any vehicles. or equipment from the Samson's
4. Comments and specifics as to the resulting lot coverage should be submitted reflecting on
Section 178-2.2 A.
�`. 5.:Define business hours and normal working days.
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(T) Cortlandville Planning Board Regular Meeting Minutes 17 December 2013
t
6. There shall be no parking of vehicles on Route 13 blocking the line of sight of traffic traveling
south as viewed from the Samson's driveway.
7.- The outside storage of tires, short steel and tin shall riot be allowed. Consideration will"be
given to a storage building:
New comments:
8. The outside storage of tires, .short steel and tin should not be granted since. it is detrimental
to the surrounding property and more than likely these storage areas will become over loaded
and unmanaged.
9. Although the memo submitted by Mr. Barden states a maximum of thirty trucks the site
plan sketch shows forty-three.
10. Considering all of the outside storage areas being requested there is no conformity to the
Town Code relative to outside storage reference 178-36.5
I recommend' that a code compliant. and detailed site plan be submitted before the Planning Board
acts on this request. In addition a: timetable for execution as requested by the Planning Board in
October is still due.
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Pyr;, 2014
ATTENDANCE SHEET
CQfiTLr D1/1LLE
(Your attendance is recorded in the meeting Minutes.)
da(PRI11� @91$) Name: Representing/Regarding: Complete Address:
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