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Home My WebLink About2015INDEX OF. ACTIONS - 2015 (T)CORTLANDVILLE: PLANNING BOARD MEETING. PAGE DATE : ACTION NO. DESCRIPTION NO. __ APPROVED -MINUTES OF 30 DECEMBER 2014 PLANNING BOARD MEETING, as .submitted. 1 Q 2 HAMILTON • BUILDING SERVICES, INC., APPLICANT/BESTWAY ENTERPRISES, INC., REPUTED OWNER - W. Side of Luker Road - TM #95.08-01-17.000 - Conditional Permit for proposed construction of. a 3600 SF building & a 3120 SF building, APPROVED as requested, incorporating Items 1 thru 12 of the Cortland Co. Planning �1 Board's Resolution No. 15-1 of.21 January 2015. 3 HAMILTON BUILDING SERVICES, INC., APPLICANT/BESTWAY ENTERPRISES, INC., REPUTED OWNER - W. Side of Luker Road - TM #95.08-01-17.000 - The Town of Cortlandville Planning Board RECOMMENDS to the Town Board that they issue an Aquifer Protection District Special Permit for proposed construction of a 3600 SF O Z building & a 3120 SF building and act as Lead Agency under SEQRA. 4 NYSEG, APPLICANT/CORTLAND INDUSTRIAL CENTER LLC, REPUTED OWNER - 3727 Kellogg Road - TM #97.00'01-02.000 Conditional Permit APPROVED, as requested, for proposed Gas Regulator Station. Z NO ACTION USED CAR KING, LLC, REPUTED OWNER - 3861 NYS Route 281 - TM #86.17 -01 - TAKEN 11.100 - SEQR review commenced for proposed parking lot expansion. D� NO ACTION HBDR, LLC, APPLICANT/DAVID LAW, REPUTED OWNER - 3893.US Route 11 -TM TAKEN #87.00-04-10.000 -SEQR review commenced for proposed Propane Storage Facility. 03 Joa itch, Boa�d*Secretary Emailed to: Karen/ , Bd. Members, JBF, BW, DD, TW & DC on 1/28/15. JEF INDEX OF ACTIONS - 2015 (T)CORTLANDVILLE PLANNING BOARD C'MEETING.PAGE DATE ACTION NO. DESCRIPTION . NO. 2/24/15 5 DMK DEVELOPMENT-CORTLAND LLC, APPLICANT/JOANN CLOWSER,. REPUTED OWNER - 706 NYS Route 13 - TM #105.00-01-49.110 - Installation of light fixture on O5 light pole APPROVED as requested. 6 HBDR, LLC; APPLICANT/DAVID LAW, REPUTED OWNER - 3893US Route 11 - TM 087.00-04-10.000 - Comments made by Clough Harbour Associates in letter to Katherine Wickwire, PB Chairman,. dated 2/20/15 are made a part of Part 3 of the O 5 SEQRA's FEAF as the findings of the (T) Cortlandville Planning Board. 7. HBDR,' LLC, APPLICANT/DAVID LAW, REPUTED OWNER - 3893 US Route 11 - TM #87.00-04-10.000 - Based on the information and analysis of the SEQR concerning this application for a proposed Propane; Terminal, the Town of Cortlandville Planning Board IN has determined that the proposed action will not produce any significant adverse environmental impact, resulting in a Negative Declaration. 8 HBDR, .LLC, APPLICANT/DAVID LAW, REPUTED OWNER - 3893 US Route 11 - TM #87.00-04-10.000 - Conditional Permit for proposed Propane Terminal is APPROVED, contingent upon satisfactory submittal of completed Site Plan drawing, lighting plan, 040 formal approval of :the Stormwater :Management System,, and compliance with the 26 recommendations contained in the. Cortland County Planning Board's Resolution No. 14- 35 of 15 October 2014. 9 HBDR, LLC, APPLICANT/DAVID LAW, -REPUTED OWNER-- 3893 US Route 11 - TM #87.00-04-10.000 - The Town of Cortlandville Planning Board recommends to the Town Board that they issue an Aquifer Protection District Special Permit. 7 10 HBDR, LLC, APPLICANT/DAVID LAW, REPUTED OWNER - 3893 US Route 11 - TM #87.00-b4-10.000 -The (T) Cortlandville Planning Board has completed its SEQR ()% review and issued its Negative Declaration as a result of that review. 11 GARY W. & KATHRYN M. LYON, APPLICANTS/REPUTED OWNERS - Starr Road TM #96.11-01-01.112 - Lot Line Adjustment APPROVED as requested. 0.7 12 ROBERT J. SEIGART, AIA, APPLICANT/CORTLAND REGIONAL MEDICAL CENTER, REPUTED OWNER - 4005 West Road (NYS .Route 281) - TM #86.13-01-16.000 - O -� Conditional Permit for proposed Wound Care Center is APPROVED as requested, with Bulk Liquid Oxygen Station installation .to be reviewed by the Cortlandville Fire Department. NO ACTION LEONIDAS GROUP OF VIRGIL LLC, APPLICANT/ROBERT FERRIS, REPUTED TAKEN OWNER - Starr Road - TM #96.10-01-19.100 - SKETCH PLAN CONFERENCE held for 08 proposed PUD. 13 CORTLANDVILLE SAND & GRAVEL, APPLICANT/CHRISTOPHER HENRY, REPUTED OWNER - 765 NYS Route 13 - TM #105.00-03706.000 - Conditional Permit CIO for retail sales (landscape mulch, plants, shrubbery, patio pavers, gardening accessories) POSTPONED until 31 March 2015 meeting of this Board in order to allow applicant/rep to be present to answer Board's questions. Joa itch,�, Board Secretary :Emailed to: Karen/ _ ; Bd. Members, JBF, BW, DD, -TW.& DC on 2/26/15. JEF INDEX OF ACTIONS - 2015 (T)CORTLANDVILLE PLANNING BOARD MEETING PAGE DATE I ACTION NO. DESCRIPTION NO. 3/31/15 14 APPROVED PLANNING BOARD MINUTES OF 27 JANUARY & 24 FEBRUARY 2015, as.submitted. 10 15 USED CAR KING, LLC, REPUTED OWNER - 3861 NYS Route 281 - TM #86.17-01- 11.100 - Continuation of SEAR review POSTPONED until 28 April 2015 meeting. �0 16. CORTLANDVILLE SAND . & GRAVEL, APPLICANT/CHRISTOPHER HENRY, REPUTED OWNER - 765 NYS Route 13 - TM #105.00-03-06.000 - Conditional Permit for retail sales (landscape mulch, plants,- shrubbery, patio pavers, gardening I I accessories) APPROVED as requested. 17 LEACH PROPERTIES, LLC, APPLICANT/XXX CANZANO, REPUTED OWNER - NYS Route 13N - TM #77.00-04-04.200 - Conditional Permit APPROVED for three concrete holding bins for landscape materials. NO ACTION SUIT-KOTE CORPORATION, APPLICANT/REPUTED OWNER - US Route 11 TAKEN (Polkville) - TM #s_ 97.00-01-30.000, 97.02-01-12.000 & 13.000 - Request to rezone parcels from Agriculture to Industrial -2 discussed w/Town Attorney. 17—, Joai ch, Board'Secre ary Emailed to: Karen/Kd Members, JBF, BW, DD, TW & DC on 4/01/15. JEF � i INDEX OF. ACTIONS - 20.15 (T)CORTLANDVILLE PLANNING BOARD MEETING I l DATE [ACTION NO. I DESCRIPTION : I 4/28/15 18 APPROVED MINUTES OF 31 MARCH 2015 PLANNING_ BOARD MEETING, as submitted. 19 USED CAR KING, .LLC,: REPUTED OWNER -3861 MYS Route 281' - TM 486..17-01-: 11.100 Motion to ACCEPT Part III of Full EAF as completed, based upon CHA's- recommendations .contained in their 31 March 2015 letter to Chair Wickwire, and to declare a POSITIVE DECLARATION under SEQRA. 20 SUIT-KOTE CORPORATION, APPLICANT/REPUTED 'OWNER. - US Route 11 (Polkville) - TM #s 97.00-01=30.000, 97.02-01-12.000 & 13.000 - The Cortlandville Planning Board RECOMMENDS to the Cortlandville Town Board that they APPROVE the applicant's request for rezoning of three parcels, with a total area of. 90.22± A. Further, this recommendation by the Town Planning Board is in support of the County Planning Department'scomment'in their analysis wherein they,state "The _rezoning of this, property from:Agriculture to General Industrial would allow the applicant to apply for site plan approval and a conditional permit for this use rather than a use variance, as itis not a permitted use, in the Agricultural District.': The Town Planning Board expects the applicant to present a Site Plan for review, and a request with details for a Conditional Permit approval, prior to the start of any mining. 21 JAMESON DeIVECCHIO, APPLICANT/LOIS H. SMITH, REPUTED OWNER -.3882 Highland Road- TM #85.19-01-09.000 - Subdivision_ of parcel into two lots APPROVED as requested. 22 CORTLAND BULK MILK PRODUCERS CO-OPERATIVE, INC., APPLICANT/REPUTED OWNER - 3819 US Route 11 - TM #97.00-01-07.110 - Subdivision of Land APPROVED as requested. 23 CAZENOVIA EQUIPMENT CO., INC., APPLICANT/REPUTED. OWNER 3892 US Route 11 - TM #87.00-04-03.000 Conditional Permit for new site entrance and parking lot improvements SENT TO THE CORTLAND CO. PLANNING DEPARTMENT for their review. 24 DONALD MAYNARD, APPLICANT/JOHN MAY,, REPUTED OWNER - 3554 NYS Route 281 =.TM #95.16-01-17.100 - Conditional Permit APPROVED for mobile barbecue truck in parking lot; as requested. 25 KAJEN, LLC, APPLICANT/JOHN McGEE, REPUTED OWNER - NYS Route 13 - TM #105.00-01-44.000 - Proposed Subdivision of Land SENT TO THE CORTLAND COUNTY PLANNING DEPARTMENT for their review. ' Joa_ i ch,Boa�d Secretary Emailed to:. Karen/ Bd. Members, JBF, BW, DD, TW & DC on 4/29/15. JEF . Joa itch,'Board'Seeccre ary Emailed to: Karen/ Bd. Members, JBF, BW, DD, TW & DC on 5/27/15. JEF (Rev. #35 on 6/1/15) INDEX OF ACTIONS - 2015 (T)CORTLANDVILLE PLANNING BOARD MEETING PAGE DATE ACTION NO. 1 . DESCRIPTION 1 NO. 5/26/15 26 APPROVED MINUTES OF 28 APRIL 2015 PLANNING BOARD MEETING, as c, submitted. b 27 KAJEN,. LLC, APPLICANT/JOHN McGEE, .REPUTED OWNER - NYS Route 13 - TM #105.00-01-44.000 - Negative Declaration under SEQRA for proposed ( g Subdivision.. 28 KAJEN, LLC, APPLICANT/JOHN McGEE, REPUTED OWNER -. NYS Route 13 - TM #105.00-01-44.000 - Proposed, Subdivision of Land APPROVED as requested. 29 GARY LYON, APPLICANT/REPUTED OWNER - Starr Road - TM #96.11-01-01.112 - Conditional Permit APPROVED for,proposed storage building, incorporating Items 1 thru I Q l 5 of the Cortland County Planning Board's Resolution No. 15-9 of 20 May 2015. 30 GLENN ANDERSON, APPLICANT/REPUTED. OWNER - 4444 Locust Avenue - TM #77.00-02-04.100 - Negative Declaration under SEQRA for proposed storage building.. ( q 31 GLENN ANDERSON, APPLICANT/REPUTED OWNER -.4444 Locust Avenue - TM #77.00-02-04.100 -Conditional Permit APPROVED for proposed storage building with a 20 maximum of 26 feet in height, incorporating Items 1 thru 9 of the Cortland County Planning Board's Resolution No. 15-10 of ' 20 May 2015. 32 LORNA-M. WALL, APPLICANT/REPUTED OWNER - 263 McLean Road - TM #105.00- 01-03.000 - Subdivision of Land APPROVED as requested. -0 33 ALNYE, LLC, APPLICANT/CORTLAND BULK MILK CO-OP, REPUTED OWNER - 3819 US Route 11 - TM #97.00-01-07.110 - Application for Conditional Permit for Fueling Station SENT TO CORTLAND CO: PLANNING DEPARTMENT for their Z l review. 34 CAZENOVIA EQUIPMENT CO., INC., APPLICANT/REPUTED OWNER - 3892 US Route 11 - TM #87.00-04-03.000- Conditional Permit for new site entrance and parking -lot improvements APPROVED, as requested, incorporating Items 1 thru 5 of the 2 t Cortland County Planning Board's Resolution NoA 5-11 of 20. May 2015. -35 JOHN BARDEN, APPLICANT/REPUTED-OWNER, dba FASTLANE AUTO - 1799 NYS Route 13 - TM 07.00-01-34:000 - Conditional Permit approved on 11/25/14 shall be 2 1 brought into conformance with the Site Plan by 30 June 2015. Joa itch,'Board'Seeccre ary Emailed to: Karen/ Bd. Members, JBF, BW, DD, TW & DC on 5/27/15. JEF (Rev. #35 on 6/1/15) INDEX OF ACTIONS - 2015 (T)CORTLANDVILLE PLANNING BOARD MEETING PAGE DATE ACTION NO: DESCRIPTION: NO. 6/30/15 36 APPROVED MINUTES OF 26 MAY 2015 PLANNING BOARD MEETING, as submitted. Z4 37 ALNYE, LLC; APPLICANT/CORTLAND BULK MILK CO-OP, REPUTED OWNER - 3819 US Route 11 - TM #97.00-01-07.110 - Conditional Permit for. Fueling Station �I APPROVED as requested, incorporating Items 1 and 2 of the Cortland County Planning z I Board's Resolution No. 15-15, dated 17 June 2015.. 38 ALNYE, LLC, APPLICANT/CORTLAND BULK MILK CO-OP, REPUTED OWNER - 3819 US Route 11 - TM #97.00-01-07.110 -The Town- of Cortlandville Planning Board RECOMMENDS to the Town: Board that they issue an Aquifer Protection District z Special Permit for a proposed Fueling Station and act as Lead. Agency under SEORA. 39 JAMESON DeIVECCHIO, APPLICANT/REPUTED OWNER - 3882 Highland -Road - TM #85.19-01-09.000 - Site Plan APPROVED for two-family residence, as requested. �S 40 LEACH'S CUSTOM TRASH SERVICE, APPLICANT;LEACH PROPERTIES, LLC, REPUTED OWNER -1834 NYS Route 13 - .TM #77.00-04-10.000 - Application for proposed 2000 -gal. fuel storage tank SENT TO THE CORTLAND CO. PLANNING DEPARTMENT for their review. 41 DONALD P. REED, APPLICANT/REPUTED OWNER - 3334 NYS Route 215- - TM #96.00-10-05.000 - Subdivision of Land APPROVED as requested. �-(o 42 WALDEN OAKS COUNTRY CLUB, INC., APPLICANT/REPUTED OWNER - 3369 Walden Oaks Blvd. - TM #96.00-06-02.100 - Subdivision of Land APPROVED as z (p (r requested. .43 SUIT-KOTE CORPORATION, APPLICANT/REPUTED OWNER - US Route 11 (Polkville) - TM #s 97.00-01-30.000, 97.02-01-12.000 & 13.000 - Applications for Z 7 Conditional Permit, Aquifer Protection District Special Permit, and Development Permit for Flood Hazard Areas for sand and gravel mining operation onf 56.96±'A. SENT TO THE CORTLAND COUNTY PLANNING DEPARTMENT for their review. 44 ADREH, LLC, APPLICANT/REPUTED OWNER - Hoy Road - TM #85.00705-06.112 - Subdivision of Land APPROVED as requested. Z7 45 MCNEIL.DEVELOPMENT, APPLICANT/REPUTED OWNER - 4021 West Road: (NYS Route 281) - TM #86.13-01-18.000 - Site Plan APPROVED for proposed supplementary Zg parking area, as -requested. 46 TOM KILE, APPLICANT/CNY LIVING HISTORY CENTER, REPUTED OWNER - 4386 US Route 11 - TM #76.15-01-30(?) - Site Plan.for proposed new entrance APPROVED. 7-8 as requested. 47 ROYAL CHEVROLET/CORTLAND, INC., APPLICANT/REPUTED OWNER;- 3838 NYS Route 281 (West Road) - TM #86.17-01-10.211 - Applications for Site Plan Approval and zG� Aquifer Protection District Special Permit for proposed Body Shop Building SENT TO THE CORTLAND CO. PLANNING DEPARTMENT for their review. 48 JOHN BARDEN, APPLICANT/REPUTED OWNER, dba FASTLANE AUTO - 1799 NYS Route 13 - TM #77.00-01-34.000 - Resolution of non-compliance with approved Site 7-9 Plan POSTPONED until 28 July 2015 meeting.. . Joa if@fi, Board Secre of ry Emailed to: Karen/K Bd. Members, JBF, BW, DD, TW & DC on 7/01/15. JEF INDEX OF ACTIONS - 2015 (T)CORTLANDVILLE PLANNING BOARD MEETING PAGE DATE ACTION NO. l DESCRIPTION NO. 7/28/15 49 LEACH'S CUSTOM TRASH SERVICE, APPLICANT; LEACH. PROPERTIES, LLC, REPUTED OWNER -1834 NYS Route 13 - TM #77.00-04-10.000 - Contrary to what the Cortland County Planning Board recommends, the Town of Cortlandville Planning Board 3 does not see a need for a use variance as one was .previously. granted, and the Cortlandville Planning Board recommends to the Town Board that they issue an Aquifer Protection District Special Permit for a proposed 2000 -gal. fuel storage tank and act as Lead Agency under SEQRA. 50 SUIT-KOTE CORPORATION, APPLICANT/RERUTED OWNER - US Route 11 (Polkville) - TM #s 97.00-01-30.000, 97.02-01-12.000 & 13.000 - Public Hearing for 3Z proposed sand and gravel mining operation on 56.96± A. set for 25 August 2015 at 7:30 p.m. 51 RICH TEMPLE, APPLICANT/ANTHONY diGIOVANNA, REPUTED OWNER - 1259 Fisher Avenue - TM #76.18-01-07.000 - Conditional Permit APPROVED for proposed 33 parking lot expansion, as requested. J 52 DONALD P. REED, APPLICANT/REPUTED OWNER - 3198 NYS Route 215 - TM #106.00-01-08.000 - Subdivision of Land APPROVED as requested. 33 NO ACTION LEONIDAS GROUP OF VIRGIL LLC, APPLICANT/ROBERT FERRIS, REPUTED TAKEN OWNER - Starr Road - TM #96.10-01-19.100 - Preliminary Site Plan submitted for 33 proposed PUD. Not enough info to forward to County Planning. 53 PIG VYCIOUS BBQ, APPLICANT/CONCETTA L. TRISCARI, REPUTED OWNER- 985 NYS Route 13 - TM #95.16-01-12.000 - Conditional Permit APPROVED for mobile M barbecue truck, as requested. -1 54 RANDY WOOD, APPLICANT/REPUTED OWNER - 3957 US Route 11 - TM #87.13-01- 41.100 - Lot Line Adjustment APPROVED as requested. 34 55 JOHN BARDEN, REPUTED OWNER, dba FASTLANE AUTO - 1799 NYS Route 13 = TM #77.00-01-34.000 - Conditional Permit REVOKED for non-conformance with 35 - previous directions from the (T)Cortlandville Planning Board. JoaWBd. tch, Board Se_crLetary Emailed to: Karen/ ,Members, JBF, BW, DD, TW & DC on 7/29/15. JEF INDEX OF ACTIONS - 2015 (T)CORTLANDVILLE PLANNING BOARD MEETING PAGE DATE I ACTION NO.. 1 DESCRIPTION NO. 8/25/15 56 SUIT-KOTE CORPORATION, APPLICANT/REPUTED OWNER - US Route 11 (Polkville) - TM #s 97.00-01-30.000, 97.02-01-12.000 & 13.000 - The Town of Cortlandville Planning Board RECOMMENDS to the Town Board that they (1) issue an 37 Aquifer Protection District Special Permit for a proposed sand & gravel mining operation, (2) act as Lead Agency under SEQRA, and (3) require the installation of monitoring, wells as stated in Section 178-45B(3) of the Town Code. 57 SUIT-KOTE CORPORATION, APPLICANT/REPUTED OWNER - US Route 11 (Polkville) - TM #s 97.00-01-30.000, 97.02-01-12.000 & 13.000 - Conditional Permit �� APPROVED for proposed sand & gravel mining operation, as requested, incorporating Items 1 thru 7 of the Cortland County Planning Board's Resolution No. 15-19 of 15 July 2015. 58 LEONIDAS GROUP OF VIRGIL LLC, APPLICANT/ROBERT FERRIS, REPUTED OWNER - Starr Road - TM #96.10-01-19.100 - Application for proposed PUD SENT TO 38 CORTLAND COUNTY PLANNING DEPARTMENT for their review. 59 JAMES A. BRYAN, APPLICANT/ROBIN MOFFITT, REPUTED OWNER - 2125 Tower Road - TM #107.00-01-22.100 - Lot Line Adjustment APPROVED as requested. 31 . J 10an itch, Board Secrle ary Emailed to: Karen/Kk Bd Members, JBF, BW, DD, TW & DC on 8/26/15. JEF INDEX OF ACTIONS - 2015 (T)CORTLANDVILLE PLANNING BOARD MEETING I ACTION NO. J DESCRIPTION J PAGE DATE I 9/29/15 60 APPROVED MINUTES OF 30 JUNE_ 2015 PLANNING BOARD MEETING, as submitted. �i Li NO ACTION BYRNE DAIRY, INC., APPLICANT/REPUTED. OWNER - Finger Lakes East. Drive - TM TAKEN #s 105.60-03-15, 16, 17, 18, 20; 21, 24, 25, 26 & 27 - Jim Gosler, Byrne rep; appeared y at request of PB to address windmill illumination. NO ACTION LEONIDAS GROUP OF VIRGIL _:LLC, APPLICANT/ROBERT. FERRIS, REPUTED TAKEN OWNER:- Starr Road - TM #96.10-01-19.100 - Continued review of proposed PUD 45 materials; application not considered complete at this time. 61 BESTWAY ENTERPRISES, INC., REPUTED OWNER - 3832 Luker Road - TM #86.17- 02-01.100 - Applicant to provide details at 27 October 2015 Planning Board meeting 4 regarding extension request for Conditional Permit, and a timeline of when work will be completed. 62 JOHN BARDEN, APPLICANT/REPUTED OWNER, dba FASTLANE AUTO - 1799 NYS Route 13 - TM #77.00-01-34.000 - Special Permit for increase in Lot Coverage y% APPROVED as requested. 63 JOHN BARDEN, APPLICANT/REPUTED OWNER, dba FASTLANE AUTO - 1799 NYS Route 13 - TM #77.00-01-34.000 -'Conditional Permit APPROVED as requested, with 4(0site brought into conformance with approved Site Plan by 1 December 2015. 64 WYATT MALCHAK,. APPLICANT/TIMOTHY MALCHAK, REPUTED OWNER - 3960 US Route 11 -. TM #87.13-01-34.000 - Conditional Permit APPROVED for used. vehicle 47 sales with a maximum of 20 roadworthy vehicles to be displayed. - 65 NATHAN THORP, APPLICANT/JOSEPH ZERILLO, REPUTED OWNER - 2527 Ridge Road - TM #98.00-03-08.000 - Site Plan APPROVED for 26' by 48' double -wide home, [7 as requested. 66 PAUL STUPKE, SR., APPLICANT/REPUTED OWNER - 749 Stupke Road - TM #95.15- 03-08.000 - Negative Declaration -under SEQRA for proposed auto repair shop and existing towing business. 67 PAUL STUPKE,-SR., APPLICANT/REPUTED OWNER - 749 Stupke Road -'TM #95.15= 03-08.000 - Conditional Permit for proposed auto repair shop and existing towing business APPROVED, as requested, incorporating Items 1 thru 11 of the Cortland County_ Planning Board's Resolution No. 15-20 of 9/16/15, with Item 9 ,limiting the 11Q number of vehicles to five; Item 16' limiting the hours of operation for the auto repair business from 7 AM to 5 PM, Monday thru Friday, and 7 AM to Noon on Saturdays; existing towing operation to operate 24/7; Item 11 limiting time period to 90 days that any vehicle without a current license and registration may be parked onsite. 68 JOAN K. FLATT, APPLICANT/REPUTED OWNER - 660 Sterling -Park - TM #95.07-02- ya 29.000 - Boundary Line Change APPROVED as requested. r_ Joa itch, Bo d Secre ary. Emailed to: Karen/K Bd. Members, JBF, BW, DD, TW & DC on 10/01/15. JEF INDEX OF ACTIONS - 2015 ('T)CORTLANDVILLE PLANNING BOARD SMEETING PAGE DATE 1ACTION-NO. I DESCRIPTION NO. 10/27/15 69 SCOTT A. OCHS, APPLICANT/DAVID CAMP, REPUTED OWNER - 4487 Cosmos Hill Road - TM #76.00-b1-03.100 - Lot Line Adjustment APPROVED as requested. so 70 DONALD MAYNARD . (dba . PIG VYCIOUS BBQ), APPLICANT/CONCETTA L. TRISCARI, REPUTED.OWNER'- 985 NYS Route 13 - TM #95.16-01-12.000 - Revised 5O Site Plan/Conditional Permit APPROVED, as requested. 71 LEONIDAS GROUP OF VIRGIL _ LLC, APPLICANT/ROBERT FERRIS, REPUTED OWNER.- Starr Road - TM #96:10-01-19.100 - Continued review of proposed PUD materials; application considered complete at this time and is forwarded to Cortland Jr County Plarining Department for their review, with a Public Hearing set for 1 December 2015 at 7:30 PM. 72 The Town of Cortlandville Planning Board will hold its next regular meeting on 1 December 2015 at 7:30 PM. rj 73 BESTWAY ENTERPRISES, INC., REPUTED OWNER - 3832 Luker Road - TM #86.17- 02-01.100 - Extension request for Conditional Permit APPROVED, based on the 5 timeline submitted. 74 LEACH PROPERTIES, LLC, APPLICANT/SUIT-KOTE CORP., REPUTED OWNER- Lorings Crossing Road - TM #s 77.00-04-11.111 & 11.112 - Lot Line 53 Adjustment APPROVED, as requested. 75 LEACH PROPERTIES, LLC, APPLICANT/SUIT-KOTE CORP., REPUTED OWNER - Lorings Crossing Road - TM #s 77.00-04-11.111 & 11.112 - Conditional Permit APPROVED, as requested, incorporating Items 1 thru 8 of, 5q Cortland County Planning Board Resolution No. 15-30 of 21 October 2015. 76 LEACH PROPERTIES, LLC, APPLICANT/SUIT-KOTE CORP., -REPUTED OWNER - Lorings Crossing Road - TM #s 77.00-04-11.111 & 11.112 - Cortlandville Town Planning Board recommends to the Town Board that they issue an Aquifer Protection District Special Permit and act as Lead Agency under SEQRA. r ' Joi ch', Board cr Emailed to: Karen/Ki,Bd. Members, JBF, BW, DD, TW & DC on 10/30/15. JEF INDEX OF ACTIONS - 2015 (T)CORTLANDVILLE PLANNING BOARD MEETING 1 1 DESCRIPTION: , PAGE DATE I ACTION NO I 12/1/15 77 LEONIDAS GROUP -OF VIRGIL LLC, APPLICANT/ROBERT FERRIS, REPUTED OWNER - Starr Road - TM #96.10-01-19.100 - Proposed PUD; Public Hearing closed Jr�o at 9:02 PM. 78 APPROVED MINUTES OF 28 JULY, .25 AUGUST, 29 SEPTEMBER, AND 27 OCTOBER 2015 PLANNING BOARD MEETINGS, as submitted. s� 79 MEILINDA SUSMAN, APPLICANT/PARADIGM PROPERTIES, REPUTED OWNER - 3266 Walden Oaks Boulevard:- TM:#106.05-01-24.000 - PUD Revision APPROVED as S Q requested. I 80 JEFFREY BUSHNELL; APPLICANT/TOMPKINS STREET CORTLAND, LLC, REPUTED OWNER - 255 Tompkins Street (NYS Rte. 13) - TM #96.09-03-02.000 - Sq Conditional Permit APPROVED for Bushy's ProShine auto detailing shop, as requested. 81 ROYAL CHEVROLET/CORTLAND, INC., APPLICANT/REPUTED OWNER - 3838 -NYS Route 281 (West.Road) - TM #86.17-01-10.211 - Applications for Conditional Permit and Aquifer Protection District Special Permit for proposed 11,250 SF Body Shop Addition to. o existing facility SENT TO THE CORTLAND CO. PLANNING DEPARTMENT for their review. 82 LEONIDAS GROUP OF VIRGIL . LLC, APPLICANT/ROBERT FERRIS, REPUTED - OWNER - Starr Road - TM #96.10-01-19.100 - Proposed PUD matter POSTPONED 60 until 29 December 2015 meeting. 83 BRIAN R. BUTTNER, R.A. dba ADR Associates, APPLICANT/ARTHUR BELL, JR., REPUTED OWNER - Lot 54 - Blue Creek Road - TM #76.00-07-03.000 - Site Plan for proposed single duplex ranch style homes on two lots. APPROVED as requested, (pZ conditioned on compliance with the requirements of the Cortland County Health Department, the Department of the,Army Buffalo District Corps of Engineers, and that the easement shall be created as shown on the Site Plan. 84 ZONING TEXT AMENDMENT (re Retail Petroleum Sales Facilities) - POSTPONED until Cortlandville Planning Board meeting of 29 December 2015. Joa i1;ch, Boa�d'.Se'crelary Emailed to: Karen/K ^ , Bd. Members, JBF, BW, DD, TW & DC on 12/02/15. JEF 63 INDEX OF ACTIONS - 201:5 (T)CORTLANDVILLE PLANNING BOARD MEETING:: i. _ PAGE ` DATE::.I ACTION NO. DESCRIPTION. NO. 12/29/15 85 LEONIDAS GROUP OF VIRGIL LLC, -APPLICANT/ROBERT FERRIS, REPUTED OWNER - Starr_ Road - TM #96.10-01-19.100 - Proposed PUD matter POSTPONED until 26 January 2015 meeting at request of attorney. 86 ROYAL CHEVROLET/CORTLAND,� INC., APPLICANT/REPUTED .OWNER -3838 NYS Route 281 (West Road) - TM.:#86.1.7-01-10.211 - Conditional Permit APPROVED 'for proposed 11,250 SF Body Shop Addition -to existing facility, incorporating Items 1 tliru-14 of. the Cortland County Planning Board's Resolution'15-35 of 21' December 2015. , 87 ROYAL CHEVROLET/CORTLAND, INC.,:APPLICANT/REPUTED OWNER:- 3838 NYS Route 281 (West Road). - TM #86.17-01-10.211 = Cortlandville Town Planning Board recommends to the Town Board that :they issue: an; Aquifer Protection -District. _(c 7 Special. Permit and 'act as Lead Agency under SEQRA. 88 ROBERT. L.' JR &:NICOLE L. TEMPLE,-APPLICANTS/REPUTED.:OWNERS.:- 100 Beechwood Lane - TM #96.17-01-13.000.- Subdivision of Land APPROVED as 67 requested. 89 ZONING TEXT AMENDMENT.(re Retail Petroleum Sales: Facilities) -'The Cortlandville - Town Planning Board RECOMMENDS to the Cortlandville Town Board' that they consider the .written comments of Planning Board Member Renzi (excluding the last sentence), and the letter from Timothy. C: Buhl, PE, to be an 'expression of the opinion of the Planning Board in non-support of the proposed change. 90 Town. of Cortlandville Planning Board. goes into.. Executive .Session for purpose .of , pending litigation.; 0 91 Town of Cortlandville Planning Board comes out of Executive, Session held, for purpose of pendinglitigation. NO ACTION TAKEN. Q o Joa , itch Boa &Secre a rY, Emailed to: Karen? , Bd. Members, JBF, BW, DD, TW-& DC on 1/07/16.'JEF - Ii. JAN --2016 GENERAL COMMENTS: 1. The Cortlandville Town Code in Article X Aquifer Protection District, which was added in May of 1988, twenty-seven years ago, has very,specific definitions of the various areas and highlight the importance of these areas necessary to preserve the integrity of the sole source aquifer. 2. Within Article X the Restrictions and requirements section 178-45 lists in paragraph A Prohibitive uses and activities subparagraph (7) Gas stations, solid waste disposal facilities and junkyards are prohibited in Areas I and II. 3. The Town Board's proposed zoning amendment as written and located in the zoning section of the Town Code neither adds or reduces restrictions since variance requests and approvals are possible. 4. If the Town Board desires to facilitate establishing additional areas to place retail petroleum sales operations beyond what is currently allowed the action should start with a needs assessment. Is it necessary to be less restrictive in the protection of the sole source aquifer? Is the need so critical as to warrant less restrictive protection of the aquifer? Once a realistic need has been defined then the Town Board should consult with technical experts knowledgeable in aquifer hydrology to determine if the need can be satisfied without jeopardizing the integrity of the aquifer. The recommendations of the technical people.should be the basis of any change to the Town code. 5. Once areas are defined that could accommodate gas stations without compromising the sole source aquifer then those areas should be specifically identified and spelled out in the Code outside of zoning. 6. In the 2002 draft report titled Delineation of Wellhead Protection areas for the Town of Cortlandville and City of Cortland the travel time for the 1A zone was defined as 2 -year travel time and Zone 1 B as 5 year travel time. It was stated on page 4 relative to zone 1 B "This zone represents a significant risk of contamination to the well, but not as high as Zone 1A". CLOSE OUT STATEMENT: The'proposed zoning text proposal as written and located in the Zoning section does nothing to restrict or facilitate gas stations within Cortlandville. The need for additional gas stations should be defined first followed by recommendations from a technical body to see if we can safely modify our Town Code to facilitate retail gasoline sales without compromising the current and future integrity of our sole source aquifer. The work, knowledge and recommendations of 2 JAN --?2016 �Todd Miller- and Pat Reidy are required to formulate a plan to facilitate additional --� gas station locations within Cortlandville. Considering the importance of the sole source aquifer and the existence of seventeen gas stations in and around Cortlandville it begs the question as to why this matter is even being brought up for discussion. Although the Town code may be somewhat restrictive, considering the importance of the sole source aquifer the originators of the code acted with an abundance of caution based on hydrological science, which up to now has served us well. These comments are those of Nick Renzi Planning Board member and in no way represent the opinion of the Cortlandville Planning Board. ** Nick Renzi December 22, 2015 **This sentence is excluded from the Cortlandville Town Planning Board's Index of Actions, Action #89 of 201.5. J. Fitch, Bd. Secretary 3 01 MAR 1 2 2015 �f TOWN OF CORTLANDVILLE PLANNING BOARD Minutes of Regular Meeting - Tuesday, 27 January 2015 - 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 B. Folmer, Town Attorney John M. Finamore Laura Cassalia, PE, CHA Rep. John A. DelVecchio Applicants & Public Present Eric Barden, Gino Puzo & Engineer Tim Buhl for Hamilton Building Services, Inc., Applicant; Ben Essig, Jim Stephenson & Reed Fuller for HBDR, LLC, Applicant; Attorney Mike Shafer & Engineer Chuck Feiszli for Used Car King, Applicant. REGULAR MEETING The regular meeting of the Town of Cortlandville Planning Board was called to order at 7:30 p.m. by Chair Katherine Wickwire. APPROVAL OF MINUTES — 30 DECEMBER 2014 A motion was made by Member Chris Newell to approve the Minutes of the 30 December 2014 Town of Cortlandville Planning Board, 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 Member DelVecchio Motion carried. This becomes Action #1 of 2015. OLD BUSINESS Hamilton Building Services. Inc.. Applicant/Bestwav Enterprises. Inc.. Reputed Owner - West Side of Luker Road - TM #95.08-01-17.000 - Conditional & Aa_uifer Protection District Permits - Proposed Construction of Two Buildings Chair Wickwire recognized Eric Barden and Engineer Tim Buhl, representing the applicant who was seeking approval to construct a 3600 SF office building and a 3120 SF storage building on 2.57± acres on the west side of Luker Road. A complete set of plans was submitted. This project had been reviewed by the Cortland County Planning Department/ Board and their reports submitted to this Board for review. Chair Wickwire reviewed those comments item by item; Engineer Buhl affirmed that each item has either been taken care of or will be completed. Items 4 thru 7, and 11 will be done, and Item 10 (regarding submittal of SWPPP) has been submitted to Pat Reidy. PZO Weber advised the engineer of the sign requirements. Page 1 of 4 oz MAR 1 2 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 27 January 2015 t ` At the conclusion of the discussion, a motion was made by Member Newell to approve the Conditional Permit for the proposed construction of a 3600 SF building and a 3120 SF building, as requested, incorporating Items 1 through 12 of the Cortland County Planning Board's Resolution No. 15-1 of 21 January 2015. The motion was seconded by Member John 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 #2 of 2015. A motion was then made by Member Newell to recommend to the Town Board that they issue an Aquifer Protection District Special Permit for the proposed construction of a 3600 SF building and a 3120 SF building, and act as Lead Agency under SEQRA. 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 #3 of 2015. NYSEG, Applicant/Cortland Industrial Center LLC. Reputed Owner - 3727 Kellogg Road - TM #97.00-01-02.000 - Proposed Gas Regulator Station Chair Wickwire asked if there was anyone present to represent the applicant; there was no one. However, the Board decided they had enough information to proceed with the matter. With no further discussion, a motion was made by Member Renzi to approve the Conditional Permit for a proposed Gas Regulator Station 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 Finamore Member DelVecchio Motion carried. This becomes Action #4 of 2015. Used Car King, LLC, Applicant/Reputed Owner - 3861 NYS Route 281 - TM #86.17-01-11.100 - Lead Agencv Determination for Proposed Parking Lot Expansion - SEORA REVIEW (Reference is made to Minutes of 30 July, 29 October 2013, and 28 October, 25 November & 30 December 2014). Chair Wickwire acknowledged receipt of CHA's letter dated January 21, 2015, from Laura C. Cassalia, Page 2 of 4 03 MAR 1 2 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 27 January 2015 PE, Project Engineer, containing the results of her review of the documents and information submitted to this Board by the applicant. The information was provided to the Board for their consideration as it relates to the completion of Parts 2 and 3 of the FEAF. Attorney Shafer commented that he had just received a copy of this letter today; he further stated that after the length of time (over two months) that he has appeared before the Board for this project, "I wait two months and I don't get the courtesy of Clough Harbour including me on the circulation." Chair Wickwire proceeded with Part II of the Full Environmental Assessment Form (FEAF) using the engineer's comments which had been requested. The Board completed their responses to each question which were recorded, in writing, by PZO Weber. A copy of this form has been placed on file for the record. It is noted that Attorney Shafer did not agree with the Board's answer to Item 12 regarding "Impact on Critical Environmental Area." The Water Works, as stated by PZO Weber, is considered a Critical Environmental Area and the project is considered to be within or adjacent to this area. Upon completion of Part II, the Board discussed Part 3 of the FEAF and how to proceed. Attorney Shafer stated that in his first letter to CHA he had asked them "What's the cost?" He said he received "no response on that." Chair Wickwire reported that James Trasher, of CHA, had told her that it would depend on how much work was involved. Member Renzi thought that CHA should be asked to submit a "cost -to -date" and then provide a proposal for assisting in completion of Part 3. The Board then discussed the proposed "property exchange" regarding this project, and Attorney Shafer advised that he had sent this information to Engineer Cassalia at CHA. Town Attorney John Folmer commented that the Planning Board needs to make its findings using the report from CHA, get a cost -to -date from them, and also a proposal for assisting in the completion of Part 3. Chair Wickwire stated that Part 3 needs to be completed and a decision made for either a Positive or a Negative Declaration. Then the applicant can make the decision whether or not to proceed. PZO Weber stated that the Planning Board would not go ahead "with Part 3 until conformation from Mr. Shafer ... If Mr. Shafer is not willing to pay for the analysis for Part 3, then that may be the end of it." No Action Taken. HBDR, LLC, Applicant/David Law, Reputed Owner - 3893 US Route 11 - TM #87.00-04-10.000 - Conditional Permit & Aquifer Protection District Special Permit for Proposed Propane Storage Facilitv - SEORA REVIEW (Reference is made to the September, October, November and December 2014 Minutes for additional information.) Chair Wickwire recognized Jim Stephenson, representing the applicant who was proposing to construct a propane storage terminal and rail siding at this location. CHA (Clough Harbour Associates of Syracuse, NY) on behalf of the Town, provided information to be considered in completing Part 2 of the FEAF; a copy of that letter dated February 20, 2015, addressed to Chair Wickwire, has been placed on file for the record. Chair Wickwire went through Part 2 of the FEAF, item by item, and the Board's responses were recorded, in writing, by PZO Bruce Weber; a copy of this has also been placed on file for the record. ti Once Part 2 was completed, Member Renzi suggested that the Board should do the same as they did for Page 3 of 4 04 MAR 1 2 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 27 January 2015 Sun Auto, and ask CHA to provide a summary of their costs -to -date for this project, along with a proposal to complete Part'3 of the FEAF. This was agreeable to Mr. Stephenson. The Board will await the applicant's decision as to whether or not to proceed. No Action Taken. 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. n E. Fitch, Board Secretary E-mailed to Town, PB Members, DD, BW, TW, & DC on 3/11/15. Page 4 of 4 (T) CORTLANDVILLE APR 2 ? 2015 ATTENDANCE SHEET PLANNING=BVARY C� 4�ez, MEETING OF: /%Z7-1-5— (Your attendance is recorded in the meeting Minutes.) PRINTED' Name: Representing/ Regarding: Complete Address: LAAK- GA-55;k-L-(,�- �)K2 v qVj Es,Cr C� PPeq //L.,IIQrL VU {tel'- V AAA 1.4173 b f 1443 D ft - S A -4. qy, S S -V pZ,( -Z �t 0 7 F4frisL `v y ,,3(-?/ S Z i y NO -qc� C w x_14 S 4PoL -\2t� -F�a��s 1-61,3 01 CU' L�1�A�N=NING=BOARD M, et` Only 0 MAR 1 3 2015 TOWN OF CORTLANDVILLE PLANNING BOARD _ Minutes of Regular Meeting - Tuesday, 24 February 2015 - 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 B. Folmer, Town Attorney John M. Finamore Laura Cassalia, PE, CHA Rep. John A. DelVecchio Avulicants & Public Present Gary Lyon, Applicant; Attorney Joe Pozzi for Gary & Kathryn Lyon, Applicants & Leonidas, LLC, Applicant; Wayne Minihkeim, David Kobis & Architect Robert Seigart for CRMC, RO; Engineer Tim Buhl & Al Kryger for Leonidas, LLC, Applicant; Ben Essig, Jim Stephenson & Reed Fuller for HBDR, LLC, Applicant; Kevin Pristash, Ryan DuBois. REGULAR MEETING The regular meeting of the Town of Cortlandville Planning Board was called to order at 7:30 p.m. by Chair Katherine Wickwire. OLD BUSINESS DMK Develovment-Cortland. LLC. Auulicant/Joann Clowser, Reouted Owner - 706 NYS Route 13 s (TSC Site) - TM #105.00-01-49.110 - Light Pole Fixture Chair Wickwire and the Board reviewed a request by the applicant to install a light fixture on an existing pole at the location shown on the drawings submitted with their letter dated February 10, 2015 to PZO Bruce Weber. The author of the letter, Chris Kettler, stated that there is a lack of lighting at the access point to their property which is a safety concern. After a very brief discussion, a motion was made by Member Chris Newell to approve the installation of the light fixture on the light pole, 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 Finamore Member DelVecchio Motion carried. This becomes Action #5 of 2015. HBDR. LLC. Avulicant/David Law. Reouted Owner - 3893 US Route 11 - TM #87.00-04-10.000 - Conditional Permit & Aauifer Protection District Snecial Permit for Provosed Provane Storage Facilitv (Reference is made to the September, October, November, December 2014, and January 2015 Minutes for additional information.) 1 Chair Wickwire recognized Jim Stephenson, representing the applicant who was proposing to construct a Page 1 of 5 os- Page 5 MAR 1 3 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 24 February 2015 propane storage terminal and rail siding at this location. CHA of Syracuse, NY, assisted this Board in completing Part 2 of the SEQRA Full Environmental Assessment Form at their January 2015 meeting. The engineering firm has now submitted a letter to Chair Wickwire, dated February 2015, providing information for the Board's consideration in completing Part 3. A copy of this letter has been placed on file for the record. Mr. Stephenson stated that, as called out in the CHA letter, he had submitted the NYSDOT entrance permit for the record. They are also working with the NYSDEC regarding "other aspects of this letter." After a brief review of the 20 February 2015 CHA comments, and upon the advice of Town Attorney John Folmer, a motion was made by Member Nick Renzi that comments made by Clough Harbour Associates (CHA) in a letter to Katherine Wickwire, Planning Board Chairman, dated 20 February 2015, are made a part of Part 3 of the SEQRA's FEAF as the findings of the Town of Cortlandville Planning Board. The motion was seconded by Member John 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 #6 of 2015. A motion was then made by Member Renzi that comments that, based on the information and analysis of the SEQR concerning this application for a proposed Propane Terminal, the Town of Cortlandville Planning Board has determined that the proposed action will not produce any significant adverse environmental impact, resulting in a Negative Declaration. The motion, was seconded by Member DelVecchio, with the vote recorded as follows: Ayes: Chair Wickwire Nays: None Member Newell Member Renzi Member Finamore Member DelVecchio Motion carried. This becomes Action #7 of 2015. The Board then reviewed and discussed the. review/ recommendations completed by the Cortland County Planning Board/ Department for this project. Mr. Stephenson noted that drawing changes had been made accordingly. Member Renzi stated that the Board should have an updated set of drawings. Mr. Stephenson added that everything has been submitted as required; they are just awaiting approvals by others. After a brief discussion, a motion was made by Member Renzi to approve the Conditional Permit for the proposed Propane Terminal, contingent upon satisfactory submittal of a completed Site Plan drawing, lighting plan, formal approval of the Stormwater Management System, and compliance with the 26 recommendations contained in the Cortland County Planning Board's Resolution No. 14-35 of 15 October 2014. 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 #8 of 2015. t Page 2 of 5 MAR 1 3 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 24 February 2015 { A motion was then made by Member Newell to recommend to the Town Board that they issue an Aquifer Protection District Special Permit for the proposed Propane Terminal. 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 #9 of 2015. A motion was then made by Member Newell that the Town of Cortlandville Planning Board has completed its SEQRA review for the proposed Propane Terminal and issued its Negative Declaration as a result of that review. 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 #10 of 2015. �. NEW BUSINESS Gary & Kathrvn M. Lvon. Applicants/Reputed Owners - Starr Road - TM #96.11-01-01.112 - Lot Line Adiustment Chair Wickwire recognized Attorney Joe Pozzi, representing the Lyons who were seeking approval of a proposed Lot Line Adjustment as explained in the "Brief Description of Proposed Action" contained in the accompanying Appendix B, Page 1 of the SEAF. After a brief discussion, a motion was made by Member Newell to approve the Lot Line Adjustment, 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 Member DelVecchio Motion carried. This becomes Action # 11 of 2015. Robert J. Seigart. AIA. Applicant/ Cortland Regional Medical Center. Reputed Owner - 4005 West Road (NYS Route 2811 - TM #86.13-01-16.000 - Conditional Permit for Proposed Wound Care, Center Chair Wickwire recognized David Kobis and Architect Robert Seigart, representing the Cortland Regional Medical Center who is seeking a Conditional Permit for a proposed Wound Care Center as Page 3of5 07 MAH 1 3 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 24 February 2015 explained in the Project Narrative accompanying their application. Approximately 2600 SF of the existing building at this site would be renovated, and there would be minimal modification to the building's exterior. The Center will contain two hyperbaric chambers. A new bulk liquid oxygen system would be constructed in the northwest corner of the site on a new 21 ft. by 24 ft. concrete pad which would be enclosed by a six-foot high chain-link fence. Supply lines to the building will be underground. Largest tank would be 15 ft. tall and 6 ft. in diameter. Tank(s) will be filled from three to four times a year. Chair Wickwire suggested that the Cortlandville Fire Department should be notified of the liquid oxygen station. At the conclusion of the discussion, a motion was made by Member Renzi to approve the Conditional Permit for the proposed Wound Care Center, as requested, with the Bulk Liquid Oxygen Station to be reviewed by the Cortlandville Fire Department. 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 #12 of 2015., Leonidas Group of Virgil, LLC. Applicant /Robert Ferris, Reputed Owner - Starr Road - TM #96.10- 01-19.100 - Sketch Plan Conference for Proposed PUD, Chair Wickwire recognized Engineer Tim Buhl and Al Kryger who explained that the applicant will be appearing before this Board seeking approval of a PUD on this 11.61± acre parcel. Plans include 66 units comprised of six single-family dwellings, six duplex homes, eight six -family buildings, and one club/community unit for use by unit owners and residents in the general area for a membership fee, all as explained in the narrative accompanying a Preliminary Site Plan. The road would be built to Town specifications and public utilities were planned. Amount of open space has not yet been calculated. Member Renzi commented that snow storage area(s) should be shown on the plan. In response to the Board's question, Mr. Kryger stated that Leonidas was not an outside investment group. It was also mentioned to the reps that the area is noted for significant drainage problems on the south side of this site. When asked about the architectural style, Mr. Kryger stated that would be one of the next steps, but planned on vinyl siding. Chair Wickwire stated that what was proposed seemed to be more of a housing development. PZO Weber responded that what is proposed meets the criteria of a PUD. Discussion of "Parti Drive hookup" was held which the Board felt should be discouraged. When asked if the proposed units would be sold or rented, Mr. Kryger responded that he would like to sell them all, but may have to rent. The estimated project cost would be from five -to -six million dollars. Member Renzi said his concerns were (1) the tie-in to Parti Drive, (2) no parking on the main street, (3) aesthetics of the structures, etc. Chair Wickwire felt there should be more protection/ buffer for the residents on Parti Drive. No Action Taken. Cortlandville Sand & Gravel, Applicant/Christopher Henrv, Reputed Owner - 765 NYS Route 13 - TM #105.00-03-06.000 - Conditional Permit for Retail Sales, Chair Wickwire acknowledged receipt of a letter dated February 16, Weber asking for a Conditional Permit to "offer a broader range shrubbery, pavers and gardening accessories. Page 4 of 5 2015 from Mr. Henry to PZO Bruce of products," e.g. mulch, plants, 1& MAN .' 3 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 24 February 2015 As there was no one present to represent the applicant or answer any questions the Board may have, a motion was made by Member Renzi to postpone this matter until the 31 March 2015 meeting of this Board. 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 #13 of 2015. OTHER MATTERS • Chair Wickwire acknowledged receipt of a 5 February 2015 memo to the Planning Board from Carl Bush, Jr., Highway Superintendent, asking the Board to take snow storage into consideration when reviewing site plans, especially when it comes to placing plowed snow in road right-of-ways. • Chair Wickwire reminded Board members of the March 1611, Planning/Zoning Training Course being offered by County Planning. ADJOURNMENT At 8:35 p.m., a motion to adjourn the meeting was made by Member Renzi, seconded by Member DelVecchio, with all members present voting in the affirmative. t j;n'E. Fitch, Board Secretary Page 5 of 5 E-mailed to Town, PB Members, DD, BW, TW, & DC on 3/12/15. API � 2 Q 2015 dq,z-- ATTENDANCE SHEET - (TY CORTLANDVILLE) �LANL NIN�GBQAID (Your attendance is recorded in the meeting Minutes:) PRINTED )] Name: —1 if 5 vs LAD�NL I vvvj 73 �-e N R ee d I I (Lr1K 43jm----- - Representing/ Regarding: CRv\e CCL -h C /-flab i� Abf2 I e,6 X, ClG Complete Address: 13q k1olUt-x xvL_ if Lt 61 '5��tA.V�t4u-, �MLL;f-? Z(S? PiMIZIoi IkPVE r LO 41P 0171 tU VPUA--NNINQ-- ZOARD Ne:e't. ng�--O-nly` jP APR 2 7 2015 TOWN OF CORTLANDVILLE PLANNING BOARD Minutes of Regular Meeting - Tuesday, 31 March 2015 - 7:30 PM Town Hall Board Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) Katherine Wickwire, Chairperson Christopher Newell Nicholas Renzi John M. Finamore John A. DelVecchio Applicants & Public Present Others Present Bruce Weber, Town Planning/Zoning Officer Joan E. Fitch, Board Secretary John B. Folmer, Town Attorney Greg Leach, Applicant; Christopher Henry, Applicant; Caleb Leach, Kate Hudson, Adam Henry, Cortland Standard Reporter Tyrone Heppard; Eric Mulvihill of WXHC Radio. REGULAR MEETING The regular meeting of the Town of Cortlandville Planning Board was called to order at 7:30 p.m. by Chair Katherine Wickwire. APPROVAL OF MINUTES — 27 JANUARY & 24 FEBRUARY 2015 A motion was made by Member Chris Newell to approve the Town of Cortlandville Planning Board's Minutes of 27 January and 24 February 2015. 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 Member DelVecchio Motion carried. This becomes Action #14 of 2015. OLD BUSINESS Used Car King, LLC. Applicant/ Reputed Owner - 3861 NYS Route 281 - TM #86.17-01-11.100 - Parking Lot Expansion - SEORA Review (cont'dl Town Attorney John Folmer reported that he had received a copy of a March 31, 2015 letter addressed to Chairperson Katherine Wickwire from CHA Project Engineer Laura C. Cassalia, PE, regarding Part 3 Recommendations for this project's SEQRA review. He stated that the applicant's attorney, Mike Shafer, did not receive a copy as it is a "draft." Attorney Shafer would like to review this letter with the applicant and also was unable to make this meeting; therefore, he informed Attorney Folmer that he would attend the Board's April meeting. A motion was made by Member Renzi to postpone the continuation of the SEQRA review until the 28 April 2015 meeting of this Board. The motion was seconded by Member John 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 # 15 of 2015. Page 1 of 3 APR 2 7 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 31 March 2015 Cortlandville Sand & Gravel. Applicant/Christopher Henrv. Reputed Owner - 765 NYS Route 13 - TM #105.00-03-06.000 - Conditional Permit for Retail Sales (Note: At the February meeting of this Board, Chair Wickwire acknowledged receipt of a letter dated February 16, 2015 from Mr. Henry to PZO Bruce Weber asking for a Conditional Permit to "offer a broader range of products," e.g. mulch, plants, shrubbery, pavers and gardening accessories. As there was no one present to represent the applicant or answer any questions the Board may have, consideration of this application was postponed until this meeting.) Chair Wickwire recognized Mr. Henry, the owner of Cortlandville Sand & Gravel, a 70± -acre gravel bed located on the subject parcel. Mr. Henry explained that he would like to offer a "broader range of products" at this location, e.g. mulch, plants, shrubbery, patio pavers and gardening accessories. The display area for these products would be along the NYS Route 13 portion of the property. A 16 February 2015 narrative/ letter, addressed to PZO Weber, accompanied his application for a Conditional Permit. The application also included a site plan sketch indicating the proposed layout of the display area, including parking. He may sell trees in another year or so. Mr. Henry stated the proposed new sign would be in compliance with requirements. He planned to be open six days a week. There will be no chemical use—just water. After a brief discussion, a motion was made by Member Newell to approve the Conditional Permit for retail sales (landscape mulch, plants, shrubbery, patio pavers, gardening accessories) 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 Member DelVecchio Motion carried. This becomes Action #16 of 2015. NEW BUSINESS Leach Properties. LLC. Applicant/Gianluca H. Canzano. Reputed Owner - NYS Route 13N - TM #77.00-04-04.20 - Conditional Permit for Holding Bins Chair Wickwire recognized Greg Leach who explained that his son's business, Premier Properties, needs more space for bulk storage of seasonal products such as mulch and topsoil. Currently, Premier Properties rents from Leach Properties for this purpose and will continue to do so. The proposed "bunks" (from two to three) will be constructed using precast concrete blocks and will be layed out as shown on the sketch accompanying the application. The materials to be placed in the holding bins by a loader (during the day) is non-toxic, non -odiferous, and environmentally safe; they will be delivered by trucks and used up as the landscaping season progresses; he anticipates delivery by 18 -wheelers about eight times per year. No retail sales will be conducted onsite. Trucks will continue to be stored at Premier's existing property. Mr. Leach also explained that his son does snow removal and plans to keep that equipment on the subject parcel. No salt will be onsite. After a brief discussion, a motion was made by Member Renzi to approve the Conditional Permit for three (3) concrete holding bins for landscape materials, as requested. The motion was seconded by Member DelVecchio, with the vote recorded as follows: Ayes: Chair Wickwire Nays: None Member Newell Member Renzi Member Finamore Member DelVecchio Motion carried. This becomes Action #17 of 2015. Page 2 of 3 ►. z APR .2 7 2015 (T) Cortlandville Planning Board Regular:Meeting Minutes 31 March 2015 Suit-Kote Corvoration. Avolicant/Revuted Owner - US Route 11 (Polkville) - TMs #97.00-01- 30.000. 97.02-01-12.000 & 13.000 _ Proposed Rezoning of Parcels from Agriculture to Industrial - 2 PZO Weber commented that this matter had been referred to the Cortland County Planning Department for their review. Town Attorney Folmer stated that he had a meeting with Suit-Kote and three alternatives were discussed. They chose to seek rezoning of these parcels._ The Town Board would like this Board to review what is being proposed. If rezoned to Industrial -2 from its present Agriculture designation, gravel mining would be allowed, subject to a Conditional Permit. At this time, there is no action to be taken, but the application will be on a future Agenda. No Action Taken. OTHER MATTERS • Chair Wickwire reported that . Tom Williams has sent out copies of a proposed Local Law regarding Junkyards; he would like the Board to review it and provide him with any comments. • The Board discussed various junk problems within the Town. • Member Renzi commented that :there were storage trailers at the Walmart store. • Member Renzi stated that the Conditional Permit Log- had been completed by CEO Williams, with a copy provided to everyone for their input. ADJOURNMENT At 8 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. n E. Fitch, Board Secretary E-mailed to Town, PB Members, DD, BW, TW, & DC on'4/26/15. Page 3 of 3 CORTLMDVILIE APR 2 2015 ATTENDANCE SHEET /LRIAN-Nfi�-G--A �IVIEETING.-OF.: (Your attendance is recorded in the meeting Minutes.) Ilk --riAMIXT, Name: (IV\ Representing/ Regarding: Complete Address: F-5 N 0 J� c(IIRIIJ v NING =Bor lk-b''M JUN - 8 2015 TOWN OF CORTLANDVILLE PLANNING BOARD Minutes of Regular Meeting - Tuesday, 28 April 2015 - 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 B. Folmer, Town Attorney John M. Finamore Laura C. Cassalia, PE, CHA Proj. Engineer John A. DelVecchio Applicants & Public Present Attorney Mike Shafer & Engineer Chuck Feiszli for Sun Auto/Used Car King, LLC, Applicant; Paul Suits & Attorney Kathy Bennett for Suit-Kote, Applicant; Jim Stephenson & Bob Frazee for Cazenovia Equipment, Applicant; Attorney Dan Ellis for Cortland Bulk Milk Producers, Applicant; Jameson DelVecchio, Applicant; Donald Maynard for Pyg Vycious BBQ, Applicant; Joey Maynard, Cortland Standard Reporter Tyrone Heppard. REGULAR MEETING The regular meeting of the Town of Cortlandville Planning Board was called to order at 7:45 p.m. by Chair Katherine Wickwire. APPROVAL OF MINUTES — 31 MARCH 2015 A motion was made by Member Nick Renzi to approve the Town of Cortlandville Planning Board's Minutes of 31 March 2015, 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 Member DelVecchio Motion carried. This becomes Action # 18 of 2015. OLD BUSINESS Used Car King, LLC, Applicant/Reputed Owner - 3861 NYS Route 281 - TM #86.17-01-11.100 - Parking Lot Expansion - SEORA Review (cont'dl Chair Wickwire asked the Board members if they had received a copy of a March 31, 2015 letter addressed to Chairperson Katherine Wickwire from CHA Project Engineer Laura C. Cassalia, PE, regarding Part 3 Recommendations for this project's SEQRA review, along with Attorney Shaffer's letter of 27 April in response. They had. The Board then compared comments with responses, item by item. She stated that, with regard to Impact on Critical Environmental Areas, pg. 3 of CHA's 3/31/15 letter to her, this was the reason the Town had the law limiting lot coverage. The applicant already exceeds the lot coverage and is asking for more, and it's adjacent a CEA. Also, if allowed, it would be creating a precedent and the Town's law would be useless. Town Attorney Folmer added it was not necessarily the precedent itself, but the - cumulative affect. Member Renzi commented that a lot of thought went into including lot coverage in the Town's regulations. He added that the Town may look back, 15 years from now, and conclude that "we were too generous with the lot coverage and it should never have been the percentage we have now." Page 1 of 5 X JUN - 8 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 28 April 2015 Chair Wickwire then read a portion of Pat Reidy's 2/21/13 letter to David Plew, ZBA Chairman, regarding lot coverage which supported the Town's efforts in limiting same. Chair Wickwire acknowledged that Attorney Shafer's 27 April 2015 letter stated that the applicant has proposed purchasing a property on Luker Road, and stripping it of future development rights; this would meet the spirit of the green space provisions. There was also a similar parcel on Gracie Road. She stated that this made no difference at all. The property exchange was thoroughly discussed. Chair Wickwire concluded that, "I don't know why we're even discussing the parcels because we're not discussing what's happening on those parcels, we're discussing what's happening on this piece of property and that it is already over the green space in the law." Chair Wickwire concluded that, "If there is one or more items that cannot be mitigated, then we have to have a Positive Declaration, and I don't believe that the consistency with the community plans, question number 17 we have down here, can be mitigated. I don't see how you can mitigate that." At the conclusion of this very extensive discussion, a motion was made by Member Renzi to accept Part 3 of the Full Environmental Assessment From as completed, based upon CHA's recommendations contained in their 31 March 2015 letter to Chair Wickwire, and to declare a Positive Declaration under SEQRA. 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 #19 of 2015. PZO Weber advised that there were "two potential paths." The applicant, if not ready to do an EIS, could chose to go back to the ZBA and tell them the Lead Agency has made a Positive Declaration, so is that enough information for you to continue? Or stay with the Lead Agency and complete an EIS in hopes that they receive a recommendation to the ZBA that there will be no environmental impact. It is now up to the applicant as to how they want to proceed. Chair Wickwire agreed. She provided a completed copy of Part 3 to Attorney Shafer. Suit-Kote Corporation. Applicant/ Reputed Owner - US Route 11 (Polkville) - TMs #97.00-01- 30.000. 97.02-01-12.000 & 13.000 - Proposed RezoninLy of Parcels from Agriculture to Industrial - 2 Chair Wickwire recognized Kathy Bennett, Attorney from Bond, Schoeneck & King, representing the applicant who was seeking rezoning of these three parcels (91t A.) from Agriculture to Industrial 2, so that gravel mining could be allowed, subject to a Conditional Permit. Reference is made to last month's Planning Board Minutes for additional information. Ms. Bennett stated that the applicant had obtained a Mined Land Reformation Law Permit from the NYSDEC. She asked that this Board make its recommendation to the Town Board regarding this request. A motion was then made by Member Renzi that the Cortlandville Planning Board recommends to the Cortlandville Town Board that the Suit-Kote Application for Rezoning of three properties with a total area of 90.22 acres from Agricultural to General Industrial I-2 be APPROVED. This positive -�� recommendation by the Planning Board is in support of the County Planning Department's li comment in their analysis wherein they state, "The rezoning of this property from Agricultural to General Industrial would allow the applicant to apply for site plan approval and a Conditional Permit for this use rather than a use variance as it is not a permitted use in the Page 2 of 5 i5 J U N - 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 28 April 2015 Agricultural District." The Planning Board expects the applicant to present a site plan for review and a request with details for a conditional permit approval prior to the start of any mining. 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 #20 of 2015. NEW BUSINESS Jameson DelVecchio, Applicant/Lois H. Smith, Reputed Owner - 3882 Highland Road - TM #85.19-01-09.000 - Subdivision of Land (Note: Member DelVecchio recused himself from this matter and took a seat in the audience.) Chair Wickwire recognized the applicant who was seeking approval to subdivide the subject parcel into two equal lots, each containing approximately 29,700 square feet, as shown on the map accompanying the application. It is noted that the Town requires 30,000 SF minimum for a lot, so the applicant had been granted an area variance at the Town's Zoning Board of Appeals meeting immediately before this meeting. PZO Weber added that the ZBA asked the applicant what will the use of the properties be, single-family or two-family? No problem with a single-family, but at the time an application is received an interpretation for a two-family will be made. The Town Planning Board, he stated, is just looking at the subdivision requested. 7 With no further discussion, a motion was made by Member Renzi to approve the subdivision of this parcel into two lots, 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 Finamore Absent: Member DelVecchio Motion carried. This becomes Action #21 of 2015. Cortland Bulk Milk Producers Co -Operative, Inc., Applicant/ Reputed Owner - 3819 US Route 11 - TM #97.00-01-07.110 - Lot Line Adiustment Chair Wickwire recognized the Attorney Dan Ellis, representing the applicant who was seeking approval to sell a 37.5± -foot by 1552.91± -foot strip of land to their neighbor, Suit-Kote, who planned to combine it with their property. As explained in Attorney Ellis' narrative, "The property is being purchased in association with plans for the relocation of an electric transmission line by Niagara Mohawk Power Corporation. This relocated power line is needed to supply Suit-Kote with additional electrical power required to operate its Polkville facility." With no further discussion, a motion was made by Member Newell to approve the lot line adjustment, as requested. The motion was seconded by Member Renzi, with the vote recorded as follows: Ayes: Chair Wickwire Nays: None Member Newell _ Member Renzi } Member Finamore / Member DelVecchio Motion carried. This becomes Action #22 of 2015. Page 3 of 5 0 JUN - ° 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 28 April 2015 Cazenovia Equipment Co.. Inc.. Applicant/Reuuted Owner - 3892 US Route 11 - TM #87.00-04- 03.000 - Conditional Permit for New Site Entrance & Parking Lot Improvements Chair Wickwire recognized Jim Stephenson who explained that the applicant is seeking a Conditional Permit to alter and modify the site entrance locations as well as reconfigure the automobile parking and truck loading at this facility, as shown on the drawing accompanying the application. The new entrance is proposed to connect to the new Cortlandville Propane Terminal driveway to eliminate another ingress/egress on US Route 11. With no further discussion, a motion was made by Member Newell to send the Conditional Permit request for a new site entrance and parking lot improvements to the Cortland County Planning Department for their review. 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 #23 of 2015. Donald Mavnard (dba Pvg Vvcious BBO). Applicant /John May. Reputed Owner - 3554 NYS Route 281 - TM #95.16-01-17.100 - Conditional Permit for Mobile BBO Truck Chair Wickwire recognized the applicant who was seeking a Conditional Permit to place his mobile food truck at this location, as shown on the rough sketch plan accompanying his application. His hours of operation will be Tuesday thru Sunday, 10:30 a.m. until 8 p.m. Occasionally he will move his truck to E.� another event, but not very often. With no further discussion, a motion was made by Member Finamore to approve the Conditional Permit for a mobile barbecue truck in the parking lot, 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 #24 of 2015. Kaien. LLC. Applicant/John McGee. Reputed Owner - NYS Route 13 - TM #105.00-01-44.000 - Subdivision of Land Chair Wickwire stated that this application had to go to the Cortland County Planning Department for their review. With no further discussion, a motion was made by Member Renzi to send the application to the Cortland County Planning Department for their review. The motion was seconded by Member Newell, with the vote recorded as follows: Ayes: Chair Wickwire Nays: None Member Newell Member Renzi Member Finamore Member DelVecchio Motion carried. This becomes Action #25 of 2015. Page 4 of 5 17 JUN - 8 2015 (T) Cortlandville Planning Board Regular Meeting Minutes OTHER MATTERS 28 April 2015 • Chair Wickwire reported that she had received an invitation from Lime Hollow Nature Center advising their Educational ,Center's grand opening would be Friday, June 5t_ at 3 p.m. Board members were invited to attend. • Chair Wickwire advised that Tori's Garden Market, a seasonal flower/produce: facility, was constructing some type of building at last year's location on Route 11, just over the Port Watson .Street bridge. The Board Secretary reported that it was a three -section carport -type structure that looked very nice. PZO Weber will advise CEO Tom Williams. • Chair Wickwire reported that she had been told that behind Sun Auto and also Royal Motors there was spray painting being done.: PZO Weber noted this. • Chair Wickwire affirmed with Town Attorney Folmer that the Board had nothing more to do pertaining to Sun Auto until they make their decision' as to what they want to do. Timing=was discussed. • Board Member John DelVecchio complimented everyone on the Board regarding their knowledge and professionalism. He stated thathe learns something new at every Board meeting. • Member Finamore advised that he will be absent from the 26 May meeting of this Board. ADJOURNMENT At 8:50 p.m., a motion to adjourn the meeting was made by Member Finamore, seconded by Member {` Renzi, with all members present voting in the affirmative. e,;e �_ in -E. Fitch, Board Secretary E-mailed to Town, PB Members, DD, BW, TW, & DC on 5/25/15. (Rev. Action #23 on 6/4/15 to correct motion to read as stated in Index of Actions issued 4/29/15.) Page 5: of 5 r" (LTORTLANE' DEC -22015 ATTENDANCE SHEET VPLANNING BOARD; V-1 a__ �_.�J�/2 _rte MEETING OF: 1` cf % I (Your attendance is recorded in the meeting Minutes.) (PRhNKTED Name: Representing/ Regarding,,', Complete Address: jI vi t -:��.e SeL-4 `4_v A,�'.V-0- S �� 14 f Ltc� 1 t, <A-F-eA , CaAtw - , PLANNING BOARD Meeting Only �� JAN 9,,) 16 2016 COMMENTS ON THE PROPOSED ZONING TEXT AMENDMENT REGARDING THE LOCATION AND OPERATION OF RETAIL PETROLEUM SALES BACKGROUND: Currently gasoline stations are not permitted in any zoning district in the Town except the B-3 District in shopping centers with special permit. Cortlandville has five gasoline stations. The Sunoco station located on the corner of Route 222 and Route 281, the Red Apple located on McLean Road and Route 13 and three located south on Route 11.. The City of Cortland has six gas stations on its main thoroughfares easily available to travelers into and out of Cortlandville. To the south of Cortlandville there are three gas stations on Route 13 and to the north on Route 281 there are three gas stations. The total number of gas stations in and around Cortlandville is seventeen. The way the Town Code is written currently gas stations can be located in the Agricultural, R-1, R-2, R-3 Districts by applying for and obtaining a use variance from the Town Zoning Board of Appeals. The same is true for the other Districts Districts. Previous applications for the gas stations within Cortlandville have been denied based upon the need to minimize the .threat to the sole source aquifer that provides drinking water to the Town's residents. PROPOSED ZONING TEXT AMENDMENT DESCRIPTION AND COMMENTS: The proposed amendment as written would maintain the current restrictions of not allowing gas stations in the Agricultural, R-1, R-2 and R-3 Districts but adds the Area 1A of the wellhead protection area. The intent of the proposed zoning text amendment is not clear since any prohibited use called out for any of the districts can be appealed, by submitting a variance request to the Zoning Board of Appeals. Adding the 1A area to the restrictions carried by the Agricultural District, R-1, R-2 and R-3 Districts does nothing since variances currently can be applied for and possibly granted. An approved variance coupled with site plan approval.and issuance of a Conditional Permit and an approved Aquifer Protection Permit gasoline stations could result.in gas stations being located anywhere in Cortlandville. Highly unlikely but entirely possible. On the other hand if the proposed amendment were located in the Town's Code outside of the Zoning section a variance request would never come into play. _ _ .� � � � X61 f�"?' )lo WLA � -411, TIJ -V 4w :f JUN 1 5 2015 TOWN OF CORTLANDVILLE PLANNING BOARD Minutes of Regular Meeting - Tuesday, 26 May 2015 - 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 B. Folmer, Town Attorney John M. Finamore John A. DelVecchio Applicants & Public Present Steve Terwilliger for Kajen LLC, Applicant; Gary Lyon, Applicant; Glenn Anderson, Applicant; Lorna Wall, Applicant; Fred Greenfield & Attorney Patrick Snyder for Alnye, LLC, Applicant; Kathryn Lyon, Tyronne Heppard. REGULAR MEETING The regular meeting of the Town of Cortlandville Planning Board was called to order at 7:35 p.m. by Chair Katherine Wickwire. APPROVAL OF MINUTES - 28 APRIL 2015 A motion was made by Member Nick Renzi to approve the Town of Cortlandville Planning Board's Minutes of 28 April 2015, 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 Member DelVecchio Motion carried. This becomes Action #26 of 2015. OLD BUSINESS Kaien. LLC. Applicant/John McGee. Reputed Owner - NYS Route 13 - TM #105.00-01-44.000 - Subdivision of Land Chair Wickwire recognized the applicant, Steve Terwilliger, who was seeking approval to subdivide 3.85± acres of land from an 18.3± -acre parcel, as shown on the map accompanying the application. At last month's Planning Board meeting, this application was forwarded to County Planning for their review; however, the County Planning Board was unable to officially act on the referral due to "Unforeseen circumstances related to Board member attendance and time constraints..." as stated in a letter to PZO Weber from Dan Dineen, dated 5/22/15. This Board did receive the Cortland County Planning Department's review. Chair Wickwire then read aloud Part II of the Short Environmental Assessment Form. Negative responses were obtained to all questions in Part Il. A motion was then made by Member Chris Newell that, based on the information and analysis of i the SEQR concerning this application, the Town of Cortlandville Planning Board has determined that the proposed action will not result in any significant adverse environmental impact, Page 1 of 6 JUN 1 5 2015 i� (T) Cortlandville Planning Board Regular Meeting Minutes 26 May 20 15:. resulting in a Negative Declaration. 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 #27 of 2015. With no further discussion, a motion was made by Member Newell to approve the proposed Subdivision of land, as requested. The motion was seconded by Member DelVecchio, with the vote recorded as follows: Ayes: Chair Wickwire Nays: None Member Newell Member Renzi Member Finamore Member DelVecchio Motion carried. This becomes Action #28 of 2015. NEW BUSINESS Gary Lvon, Applicant/Reputed Owner - Starr Road - TM #96.11-01-01.112 - Conditional Permit i ! for Proposed Storage Barn Chair Wickwire recognized the applicant who was seeking a Conditional Permit for a proposed storage barn, as shown on the items accompanying the application. PZO Weber advised Chair Wickwire that at the ZBA meeting immediately preceding this meeting, a use variance had been granted for this storage barn to be allowed as a principal use in this R-2 District. Chair Wickwire acknowledged receipt of the report from County Planning. PZO Weber advised that the proposed storage barn meets all setback requirements. At the conclusion of a brief review, a motion was made by Member DelVecchio to approve the Conditional Permit for the proposed storage building, incorporating Items 1 thru 5 of the Cortland County Planning Board's Resolution No. 15-9 of 20 May 2015. 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 Member DelVecchio Motion carried. This becomes Action #29 of 2015. Glenn Anderson, Applicant/ Reputed Owner - 4444 Locust Avenue - TM #77.00-02-04.100 - Conditional Permit - Proposed Storage Building Chair Wickwire recognized the applicant who was requesting a Conditional Permit for a proposed storage building. PZO Weber advised that the applicant, at the preceding Zoning Board of Appeals meeting, had been granted a bulk variance to allow for an accessory structure over 200 SF to be used as part of a home occupation, and for said structure to have a maximum height of 26 feet with a setback a distance of 100 feet, if feasible, from the northern property line. Page 2 of 6 JUN 1 5 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 26 May 2015 Chair Wickwire then read aloud Part II of the Short Environmental Assessment Form. Negative responses were obtained to all questions in Part II. A motion was then made by Member Newell that, based on the information and analysis of the SEQR concerning this application, the Town of Cortlandville Planning Board has determined that the proposed action will not result in any significant adverse environmental impact, resulting in a Negative Declaration. 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 #30 of 2015. With no further discussion, a motion was made by Member Newell to approve the Conditional Permit for the proposed storage building with a maximum of 26 feet in height, and incorporating Items 1 thru 9 of the Cortland County Planning Board's Resolution No. 15-10 of 20 May 2015. 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 #31 of 2015. Lorna M. Wall. Avvlicant/Revuted Owner - 263 McLean Road - TM #105.00-01-03.000 - Subdivision of Land Chair Wickwire recognized the applicant who was seeking approval to subdivide her 10.3± -acre parcel, which lies on both sides of McLean Road, into two parcels as separated by the road (Parcel #1 on north side of road = 2.876± acres; Parcel #2 on south side of road = 7.424± acres). With no further discussion, a motion was made by Member Newell 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 Member DelVecchio Motion carried. This becomes Action #32 of 2015. Page 3 of 6 zo J U N 1 5 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 26 May 2015 Alnve, LLC. Avolicant/Cortland Bulk Milk Co-Ov. Revuted Owner - 3819 US Route 11 (Polkville) - �� TM #97.00-01-07.110 - Conditional Permit for Fueling Station Chair Wickwire recognized the Attorney Patrick Snyder and Fred Greenfield, representing the applicant who was seeking a Conditional Permit to install a 10,000 -gallon fuel tank at their truck maintenance facility in Polkville. Chair Wickwire stated that this application needed to be forwarded to the Cortland County Planning Department/ Board for their review. Therefore, with no further discussion, a motion was made by Member Newell to forward the application to the Cortland County Planning Department for their review. The motion was seconded by Member Finamore, with the vote recorded as follows: Ayes: Chair Wickwire Nays: None Member Newell Member Renzi Member Finamore Member DelVecchio Motion carried. This becomes Action #33 of 2015. OLD BUSINESS (RE -VISITED Cazenovia Equipment Co., Inc., Applicant/Reputed Owner - 3892 US Route 11 - TM #87.00-04- 03.000 - Conditional Permit for New Site Entrance & Parkine Lot Improvements Chair Wickwire advised there was no representative present, and Part 2 of the Short Environmental Assessment Form had previously been completed on this property by the Board, resulting in a Negative Declaration. With no further discussion, a motion was made by Member Renzi to approve the Conditional Permit for a new site entrance and parking lot improvements, as requested, incorporating Items 1 thru 5 of the Cortland County Planning Board's Resolution No. 15-11 of 20 May 2015. 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 #34 of 2015. OTHER BUSINESS John Barden, Applicant/Reputed Owner dba Fastlane Auto - 1799 NYS Route 13 - TM #77.00-01- 34.000 - Conditional Permit - Motor Vehicle Sales & Revairs (Note: At the Planning Board meeting held on 25 November 2014, Chair Wickwire recognized the applicant who had submitted an application with Site Plan (Rev. 8/5/14), and requested approval of a Conditional Permit to operate his business as explained in his narrative attached to that application. At that meeting, Mr. Barden stated that his compliance with the Site Plan presented was "close to being complete." Chair Wickwire emphatically stated that the applicant has to follow this plan. Member Renzi agreed, but thought that the items indicated on the Site Plan should be completed by a certain date. Chair Wickwire suggested April 1St of 2014 to have "it all in compliance." The Board then made and ? passed the following motion: to approve the Conditional Permit as requested, with the subject property to be brought into conformance with the Site Plan (dated 8/5/14 R) by 1 April 2015. Action #83 of 2014.) Page 4 of 6 zl JUN 1 5 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 26 May 2015 At this meeting, Board members received a copy of a message received by PZO Weber, dated 5/20/15, from J. Barden, which read as follows: "To the Cortlandville Planning Board: Due to the winter weather we received during 2014-2015, there has been a delay in getting my site plan intact. The snow just melted a few weeks ago, and the rain, and dampness has caused us delays. We ask for more time to get the property into the condition you ask it to be in. Thanks J. Barden 5-20-I5" PZO Weber responded via email to Mr. Barden on 5/21/ 15, "Tried calling but your mailbox is full, do you plan on attending the Planning Board meeting on 5-26 at 7:30 PM? Please respond to this email or call me at 607-423-7490. Bruce" No response has been received. PZO Weber advised the Board that he will do whatever they ask him to do. Member Finamore commented that the subject property is listed for sale. After a brief discussion, a motion was made by Member Renzi that the Conditional Permit approved on 11/25/14 shall be brought into conformance with the Site Plan by 30 June 2015. 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 #35 of 2014. OTHER MATTERS • Chair Wickwire & Member Newell reminded everyone of the Lime Hollow Nature Center Educational Center's grand opening on Friday, June 5+h at 3 p.m. Board members are invited to attend. • Chair Wickwire asked if anyone had heard anything regarding Sun Auto. No one had. They appear to be doing maintenance on the property which PZO Weber advised was okay to do as long as it remains "green space." • Member Renzi asked if there was anything new regarding alleged spray painting going on behind Sun Auto and also Royal Motors. PZO Weber stated he had advised them this was not allowed without a permit. • Member Newell asked how a "land swap" would work (re Sun Auto); Town Attorney Folmer answered him. • Board Secretary Fitch reported that a property containing a single-family dwelling, located at 3876 US Route 11 in Polkville, was becoming a real eyesore, including outside storage of small . sheds on trailers, numerous riding lawn mowers, miscellaneous trailers (including horse trailers), a storage trailer (the rear half of a tractor -trailer) and just plain junk. Attorney Folmer stated he would report this to CEO Williams. Page 5of6 22 JUN 1 5 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 23 26 May 2015 ADJOURNMENT At 8:10 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. in . Fitch, Board Secretary E-mailed to Town, PB Members, TO, BW, TW, & DC on 6/14/15. Page 6 of 6 ct-, OK 9nis HEET TYSRTGANOVILLtPLANNING MEETING -0F: I N G OF: 5a,LO _ (Your attendance is recorded in the meeting Minutes.) 1iT4'E-&. Name Representing/ Regarding: Complete Address: A,[ T 't Ocd- 4y�'wgejd A'XIvtv(lllq 1POT L' L) P S- ("'0 nA V r O cr Pja 1. 'i �� -� - - BOARD Meeting O.n�y Z4 SEP -- 1 2015 TOWN OF CORTLANDVILLE PLANNING BOARD � Minutes of Regular Meeting - Tuesday, 30 June 2015 = 7:30 PM J4 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 B. Folmer, Town Attorney John M. Finamore John A. DelVecchio Avolicants & Public Present Fred Greenfield for Alnye ' LLC, Applicant; Jameson DelVecchio, Applicant; Greg Leach for Leach's Custom Trash, Applicant; Don Reed, Applicant; Attorney Dan Ellis for Walden Oaks, Applicant; Kevin Bernstein for Suit-Kote Corporation, Applicant; David McMasters for ADREH, LLC, Applicant; David McNeil for McNeil Development, Applicant; Tom Kile, Applicant; Joe Reagan & Engineer Chuck Feiszli for Royal Chevrolet, Applicant; John Barden, Applicant; JoAnn Zech, Marcus Bernardo, Olga Savino, Ryan DuBois, Don Richards. REGULAR MEETING The regular meeting of the Town of Cortlandville Planning Board was called to order at 7:30 p.m. by Chair Katherine Wickwire. APPROVAL OF MINUTES — 26 MAY 2015 A motion was made by Member Chris Newell to approve the Town of Cortlandville Planning Board's Minutes of 26 May 2015, 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 Member DelVecchio Motion carried. This becomes Action #36 of 2015... OLD BUSINESS Alnve. LLC. Applicant/Cortland Bulk Milk Co -Op. Reputed Owner=3819 US Route 11 (Polkville) - TM #97.00-01-07.110 - Conditional Permit for Fueling Station Chair Wickwire recognized Fred Greenfield, representing the applicant who was seeking a Conditional Permit to install a 10,000 -gallon fuel tank at their truck maintenance facility in Polkville. Mr. Greenfield acknowledged that he had read the Cortland County Planning report. Chair Wickwire asked Mr. Greenfield about the trailer on this property which is being used as an advertisement for drivers. PZO Weber stated that the Town is in the process of composing regulations to address this "sign" problem, but they are not in place right now. (This matter is an "aside" and has nothing to do with the application being discussed.) Member Nick Renzi asked Mr. Greenfield if there was any fire protection on the fuel tank, and Mr. Greenfield responded that there will be, installed by Cortland Pump. Page 1 of 7 SEP 1 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 30 June 2015 A motion was then made by Member Newell to approve the Conditional Permit for the proposed - fueling station, as requested, incorporating Items 1 and 2 of the Cortland County Planning Board's Resolution No. 15-15 of 17 June 2015. 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 #37 of 2015. A motion was then made by Member Newell to recommend 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 John Finamore, with the vote recorded as follows: Ayes: Chair Wickwire Nays: None Member Newell Member Renzi Member Finamore Member DelVecchio Motion carried. This becomes Action #38 of 2015. NEW BUSINESS Jameson DelVecchio, Applicant/Reputed Owner - 3882 Highland Road - TM #85.19-01-09.000 - Site Plan for Proposed Two -Family Residence (Board Member John DelVecchio recused himself as he is the applicant's brother. Also, Member Finamore disclosed that he owned the property next door to the subject.) _ Chair Wickwire recognized the applicant who was seeking approval to construct a two-family residence on the subject parcel. Member Renzi asked about a garage for each unit and Mr. DelVecchio responded that the had no plans to construct a garage at this time; if constructed, it would not be connected to the house. A photo of an existing two-family home near Beaudry Park in Cortland was shown to the Board as an example of what is planned for this site. Member Renzi asked about the parking spaces indicated and felt it may be a difficult situation when exiting by backing onto Highland Road; he suggested that the applicant examine this further. Member Renzi also noted that, although a duplex is allowed, the proposed residence is very different from the surrounding homes. He suggested, in the interest of compatability, that every effort should be made to have the proposed duplex blend in with the surrounding properties. In response to Chair Wickwire's question, Mr. DelVecchio stated- there would be shrubs in the front, but not along the left side. The two units in this duplex will be rented. There also will be sidewalks going to the left and entering the door(s). Member Renzi asked, if the four parking spaces were occupied, would there be a problem for an emergency vehicle to access the units? The applicant stated he would take a look at this. A motion was then made by Member Renzi to approve the Site Plan for the two-family residence, 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 Recused: John DelVecchio Member Finamore Motion carried. This becomes Action #39 of 2015. (John DelVecchio returned to his seat on the Board.) Page 2 of 7 zs zG SEP - 1 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 30 June 2015 Leach's Custom Trash. Avvlicant/Leach Properties LLC. Revuted Owner - 1834 NYS Route 13 - TM #77.00-04-10.000 - Aauifer Protection District Svecial Permit for Provosed Fuel Storage Tank Chair Wickwire recognized Greg Leach, representing the applicant who was seeking an Aquifer Protection District Special Permit for a 2,000 -gallon fuel storage tank to be placed inside the existing transfer station at this site. He stated that Cortland County's "bulk petroleum people" had visited his facility and saw no problem with what was being planned. The building has a recessed floor which is more than adequate for containment. The double -walled metal tank is being provided by Cortland Pump, and it will have a fire suppression system. The only activity near the tank is an "inbound tractor trailer that gets parked overnight. There will be no regular traffic." Member Renzi stated he would like to know the ratio of the volume of the containment to the volume of the tank, and have information regarding a fire suppression system. At the conclusion of the Board's review, a motion was made by Member Newell send the application for an Aquifer Protection District Special Permit for the proposed 2,000 -gallon fuel storage tank to the Cortland County Planning Department for their review. 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 #40 of 2015. Donald P. Reed. Avvlicant/Revuted Owner - 3334 NYS Route 215 - TM #96.00-10-05.000 - Subdivision of Land/Lot Line Adiustment Chair Wickwire recognized the applicant who explained that he was seeking approval to add 1.8± A. from this parcel (#1) to his adjacent TM #96.00-10-04.00 (#2), as shown on the aerial photo accompanying the application. There is a house on the #2 Parcel which he is selling. With no further discussion, a motion was made by Member Renzi 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 Finamore Member DelVecchio Motion carried. This becomes Action #41 of 2015. Walden Oaks Country Club. Inc.. Avvlicant/Revuted Owner - 3369 Walden Oaks Boulevard - TM #96.00-06-02.100 - Subdivision of Land Chair Wickwire recognized Attorney Dan Ellis, representing the applicant who was seeking approval to subdivide two parcels off the golf course, as shown on the map accompanying the application. PZO Weber informed the Board and Attorney Ellis that a variance would be required if a home was to be constructed on Lot #144 because of required setbacks. Page 3 of 7 SEP 1 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 30 June 2015 With no further discussion, a motion was made by Member DelVecchio 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 Member DelVecchio Motion carried. This becomes Action #42 of 2015. Suit-Kote Coru., Auulicant/Reuuted Owner - US Route 11 (Polkvillel - TM #s 97.00-01-30.000., 97.02-01-12.000 & 13.000 - Conditional Permit. APDSP & Develou_ ment Permit for Flood Hazard Areas - Sand & Gravel Mining' Oueration. Chair Wickwire recognized Kevin Bernstein, representing the applicant who was seeking approval to operate a sand and gravel mining operation on 57± acres of this 90± -acre parcel, as shown on the drawings accompanying the applications. He stated that they had received a requested zoning change in April (it is now in an I-2 District). Mr. Bernstein then went on to describe the site and the processes to the Board. There will be no crushing onsite; this will be handled by the use of a conveyor to take the material from this mine (called the "Alexander Mine") to the existing Polkville Mine for crushing. Onsite tanks will be limited. First 100 feet of access off Route 11 will be paved to minimize dust. There will also be berms along Route 11 with trees to reduce visual impact. Chair Wickwire asked why the applicant needed this new mine, and Mr. Bernstein responded that the management of Suit-Kote is always looking for new locations that have suitable sand and gravel resources; also, there is no room to grow the pond any larger in Polkville which has been in operation for 28± years. Reclamation will be in accordance with NYSDEC regulations. The Board members then reviewed the drawings submitted. PZO Weber advised that the application will need the elevations of the conveyor; it's part of the Development Permit and is also in the flood plain. With no further discussion, a motion was made by Member Renzi to forward the applications for a Conditional Permit, Aquifer Protection District Special Permit, and Development Permit for Flood Hazard Areas for a sand and gravel mining operation on 56.96± acres 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 Finamore Member DelVecchio Motion carried. This becomes Action #43 of 2015. ADREH. LLC. Auulicant/Reputed Owner - Hov Road - TM #85.00-05-06.112 - Subdivision of Land Chair Wickwire recognized David McMasters, representing the applicant who was seeking to create two new lots having a road frontage of 300 feet and a depth of 600 feet each from this 16.25± -acre parcel, as j shown on the map accompanying the application (indicated as Lots A and B). Page 4 of 7 z1 Gra SEP 1 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 30 June 2015 With no further discussion, a motion was made by Member Newell to approve the Subdivision of Land, as requested. The motion was seconded tby Member Renzi, with the vote recorded as J follows: Ayes: Chair Wickwire Nays: None Member Newell Member Renzi Member Finamore Member DelVecchio Motion carried. This becomes Action #44 of 2015. McNeil Development, Applicant/Reputed Owner - 4021 West Road (NYS Route 281) - TM #86.13- 01-18.000 - Site Plan for Proposed Suvolementary Parking Area Chair Wickwire recognized David McNeil, representing the applicant who was seeking approval to allow the Family Health Network to use this existing paved parking area as supplementary parking for their clinic at 4038 West Road. The subject parking lot has 24 parking spaces as shown on the Site Plan submitted. Access to the FHN building from the proposed parking lot will be by sidewalks (temporary during construction; permanent upon completion of construction). Mr. McNeil explained that FHN . currently uses property across Route 281 for supplementary parking, but by using the subject property as an alternative, FHN clients would not have to cross Route 281 while under construction. With no further discussion, a motion was made by Member Newell to approve the Site Plan for the proposed supplementary parking lot, 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 Member DelVecchio Motion carried. This becomes Action #45 of 2015. Tom Kile, Applicant/CNY Living History Center, Reputed Owner - 4386 US Route 11 - TM #76.15- 01-30 - Site Plan for Proposed New Entrance Chair Wickwire recognized Tom Kite, representing the applicant who was seeking approval to change the overhang on the "Tractors of Yesteryear" .building as shown on the photos accompanying the application in order to correct a water drainage problem and handicapped accessibility. The work will be done this summer. With no further discussion, a motion was made by Member Renzi to approve the Site Plan for the proposed new entrance, 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 #46 of 2015. Page 5 of 7 SEP - 1 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 30 June 2015 Roval Chevrolet/ Cortland. Inc.. Avvlicant/Revuted Owner - 3838 West Road INYS Route 2811 - TM #86.17-01-10.211 - Site Plan & Aquifer Protection District Su_ ecial Permit for Prouosed Bodv_ Shot/ Building Chair Wickwire recognized Engineer Chuck Feiszli, representing the applicant who was seeking Site Plan approval to construct a Body Shop at the location shown on the plans and as described in the Narrative accompanying the applications by Resource Engineering. Chair Wickwire asked if the applicant had a rendering/ sketch of what the building will look like. Engineer Feiszli did not have one, but stated it would be a pre-engineered building. Member Renzi reviewed his comments setting forth what the Planning Board would like to see, including a drawing/ rendering of what the building will look like. With no further 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 Finamore Member DelVecchio Motion carried. This becomes Action #47 of 2015. OTHER MATTERS ti J John Barden. Anolicant/Revuted Owner dba Fastlane Auto - 1799 NYS Route 13 - TM #77.00-01- 34.000 - Conditional Permit - Motor Vehicle Sales & Reuairs (Note: At the Planning Board meeting held on 25 November 2014, Chair Wickwire recognized the applicant who had submitted an application with Site Plan (Rev. 8/5/14), and requested approval of a Conditional Permit to operate his business as explained in his narrative attached to that application. At that meeting, Mr. Barden stated that his compliance with the Site Plan presented was "close to being complete." Chair Wickwire emphatically stated that the applicant has to follow this plan. Member Renzi agreed, but thought that the items indicated on the Site Plan should be completed by a certain date. Chair Wickwire suggested April 1St of 2014 to have "it all in compliance." The Board then made and passed the following motion: to approve the Conditional Permit as requested, with the subject property to be brought into conformance with the Site Plan (dated 8/5/14 R) by 1 April 2015. Action #83 of 2014.) Chair Wickwire asked Town Attorney John Folmer the status of the subject's failure to bring the subject property into compliance with the Conditional Permit. Attorney Folmer responded that "this Board had held its Public Hearing concerning revocation of the applicant's Conditional Permit. The Board, at that time, agreed it would not revoke the Permit if certain conditions were met by a date which was established. Mr. Barden then contacted you and he appeared and indicated that because of the weather that we had, winter, etc., he had not been in a position to do the work ... and you advised him that you would give him an additional period of time to do that. And I think that period of time expired on June 30th unless I'm mistaken. So the question today, I guess, is has Mr. Barden complied with your request regarding those conditions? I think Bruce made an inspection today, perhaps, to determine, and he can report. . ." PZO Weber then advised everyone present that he did inspect the property today and "I would say that the property is not in compliance with the plans that have been submitted." Mr. Barden then responded that he had attempted to contact Town CEO Tom Williams "three times, four times, left him messages. I wanted him to come up to the property and just see at what point he -� would give me a compliance letter ... he has not contacted me. That's where I'm at." Page 6 of 7 Z01 U_ SEP -- 1 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 30 June 2015 Chair Wickwire asked PZO Weber what was not in compliance, and PZO Weber responded there was junk. about, vehicles parked where not shown on the plan, green space in back has vehicles there_ , etc. . Mr. Barden then stated "I need something from your Board that says, hey, we're good to go." Chair. Wickwire countered, that he needed to bring his property into compliance with the site plan he submitted. Member Renzi explained to the applicant that this. was not a Tom Williams' issue, "it's still in .the Planning Board arena." If PZO Weber advises this Board that the applicant is in compliance, then this Board. takes his word for. it. Member Renzi then, advised Mr. Barden to. "get your `stuff together, talk to PZO Weber about it, and Bruce will report back to us." Mr. Barden- stated, "If we're good, then I won't have to come back." PZO Weber affirmed, "If you're in compliance- then you don't need to. come back.". Mr. Barden then stated he needed to have approval, in writing, but "I can't tell you why I have to have it." PZO Weber stated that would not be a problem. With no further discussion, a motion was made by Member Renzi that resolution -of the applicant's non-compliance with his approved Site Plan is postponed until 28 July 2015 meeting of this Board. 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 #48 of 2015. ADJOURNMENT At 8:45 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. n E. Fitch, Board Secretary E-mailed to Town, PB Members, DD, BW, TW, & DC on 8/26/15. Rev. Header date, pg. 2-7, 8%31/15. JEF Page 7 of 7 3C ('T) CORTLAND_V,IL'LJED DEC •-?_2015 ATTENDANCE SHEET PLANNING'_BQARD? -5 o e�-, W, EETING OF: (Your attendance is recorded in the meeting Minutes.) PRINTED) Name: �.Ge- �,,,t ill 00 ��Gda12s �. NVECC►, 0 ��rJ,� %3e��SG�•� Representing/ Regarding: S�Sdf&e sy"" , L64-CA4 11201:57-U/ Complete Address: &M-e-4,e-7� dWe -f may/ o /1� c� � , V<�W L. - d4� U (I F Lzz 1120<x--0j(--x /i Si.>, ( v^ Su I r - 'fell __4Ou C- r Mj L,� e(, a al, W&4-;�N} X96 �S 2r% �� CLr U rdte_. ST UFS L Cu 4. OP—AL, Py/c, `,cC. V re &. TU LL t N,V N r I 04 131 -s-zo. : PLA-NNI-NG__BOARD--Meet rig, -Only. 31 NOV - 2015 TOWN OF CORTLANDVILLE PLANNING BOARD Minutes of Regular Meeting - Tuesday, 28 July 2015 - 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 B. Folmer, Town Attorney John M. Finamore John A. DelVecchio Applicants & Public Present Greg Leach for Leach's Custom Trash, Applicant; Attorney Kathleen Bennett for Suit-Kote Corp., Applicant; Al Kryger Leonidas Group, Applicant; Anthony DiGiovanna for Rich Temple, Applicant; Randy Wood, Applicant; Donald Reed, Applicant; Donald "Joey" Maynard for Pig Vycious BBQ, Applicant; Nicholas Biondi, Tyrone Heppard. REGULAR MEETING The regular meeting of the Town of Cortlandville Planning Board was called to order at 7:30 p.m. by Chair Katherine Wickwire. OLD BUSINESS Leach's Custom Trash Service. Applicant/Leach Properties, LLC, Reputed Owner - 1834 NYS Route 13 - TM #77.00-04-10.000 - Aquifer Protection District Special Permit for Proposed Fuel Storage Tank (Reference is made to the 30 June 2015 Minutes for the initial application. At that meeting, the application for an APDSP was forwarded to County Planning for their recommendations.) Chair Wickwire recognized Greg Leach of Leach's Custom Trash Service, who was seeking an Aquifer Protection District Special Permit to install a fuel storage tank at his existing trash service facility, as it is located within 500 feet of NYS and County roads. A copy of the Cortland County Planning Department/ Board's report was given to Mr. Leach by Chair Wickwire. The County's recommendations were read aloud by Chair Wickwire. One of the County Board's recommendations contained in their Resolution No. 15-17 of 7/15/15, was that the applicant apply for and receive a use variance for expansion of a use not permitted in the B-2 District or Area 1 of the Aquifer Protection District. PZO Weber explained that "once a use variance is granted for a use on that property, it is no longer considered a non -conforming use; it's considered a conforming use because a use variance has been granted for it. Additionally, I would not see a fuel storage tank inside of an existing building as an expansion of the use. So not only is the use not non- conforming, but I don't see that it needs a use variance." Member Nick Renzi reported that he had talked with Dan Dineen, Director of County Planning, who felt that a variance was required. The Board continued with their review of the other recommendations in the County's report. At the conclusion of the discussion, a motion was by Member John DelVecchio that contrary to what the Cortland County Planning Board recommends, the Town of Cortlandville Planning Board does not see a need for a use variance as one was previously granted, and the Cortlandville Town Planning Board recommends to the Town Board that they issue an Aquifer Protection District Page 1 of 6 NOV - `J 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 28 July 2015 Special Permit for a proposed 2000 -gallon fuel storage tank, and act as Lead Agency under SEQRA. 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 Member DelVecchio Motion carried. This becomes Action #49 of 2015. Suit-Kote Corp., Applicant/Reputed Owner - US Route 11 (Polkvillel - TM #s 97.00-01-30.000, 97.02-01-12.000 & 13.000 - Conditional Permit, APDSP & Development Permit for Flood Hazard Areas - Sand & Gravel Mining Operation. (Reference is made to the 30 June 2015 Minutes of this Board for consideration of the initial application. At that meeting, the applications were forwarded to the Cortland County Planning Board for their review.) Chair Wickwire recognized Attorney Kathleen Bennett of Bond, Schoeneck & King, representing the applicant, and informed her that this Board needed to set a Public Hearing. The reports/ recommendations from County Planning were acknowledged and reviewed. Chair Wickwire asked about night lights and operating hours. Attorney Bennett advised the Board that the hours of operation for this proposed new mining operation would be from 5:30 a.m. to 8 p.m., Monday thru �= Friday, and from 7:30 a.m. to 4:30 p.m. on Saturdays. There may be some need for lights, she stated, but it was not anticipated they would be mining after dark. The Board discussed the "archeologically sensitive area." The County was concerned with any storage of topsoil in the flood plain; they do not plan to do this and will provide an updated plan. With regard to Item 7 of the County's Resolution No. 15-19, dated 15 July 2015, the attorney advised that this requirement was under the purview of the NYSDEC. She added that as long as the applicant complied with all of the DEC conditions, then that would satisfy the section of the Town's Code referenced in Item 7. Attorney Bennett stated that "it's all going to be one big pond when it's done." PZO Weber stated that the Town Board will also have to hold a Public Hearing for the Aquifer Protection District Special Permit and this Board may want to withhold any recommendation to the Town until after the Board holds its own Public Hearing. A motion was then made by Member DelVecchio to set a Public Hearing for the proposed sand and gravel mining operation on 56.96± A. for 25 August 2015 at 7:30 p.m. 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 Member DelVecchio Motion carried. This becomes Action #50 of 2015. Page 2 of 6 37- Page Z NOV - 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 28 July 2015 NEW BUSINESS Rich Temple, Applicant/Anthony DiGiovanna, Reputed Owner - 1259 Fisher Avenue (Medical Building) - TM #76.18-01-07.000 - Conditional Permit - Proposed Parking Lot Expansion Chair Wickwire recognized Nick Biondi and Tony DiGiovanna, representing the applicant who was seeking a Conditional Permit to expand their employee parking in a proposed 60 ft. by 90 ft. area behind the existing building, as shown on the sketch accompanying the application. Their main parking lot is now full. The existing sheds and dumpster will be relocated. It is planned to pave the new parking lot in the spring. They do not plan on lighting the subject area as the employees are gone by 5:30 p.m. Snow is "pushed to the edges." Employees will exit to the proposed lot via an existing rear entrance from the building. There will be 18 additional 10' by 20' parking spaces. With no further discussion, a motion was made by Member Newell to approve the Conditional Permit for the proposed parking lot expansion, as requested. The motion was seconded by Member DelVecchio, with the vote recorded as follows: Ayes: Chair Wickwire Nays: None Member Newell Member Renzi Member Finamore Member DelVecchio Motion carried. This becomes Action #51 of 2015. l Donald P. Reed. Applicant/Reputed Owner - 3198 NYS Route 215 - TM #106.00-01-08.000 - - Subdivision of Land Chair Wickwire recognized the applicant who explained that he was seeking approval to subdivide a 1.65± -acre parcel from the subject parcel of 30.43± acres, as shown on the aerial photos accompanying the application. The subdivided parcel includes a house, . small barn, and another small storage building. He stated that this rental house is no longer needed as part of Reed's Seed Farm; he would retain the balance of 28.78± acres for farming. With no further discussion, a motion was made by Member Renzi to approve the Subdivision, 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 Member DelVecchio Motion carried. This becomes Action #52 of 2015. Leonidas Group of Virgil, LLC, Applicant/ Robert Ferris, Reputed Owner - Starr Road - TM #96.10- 01-19.100 - Proposed PUD Chair Wickwire recognized Al Kryger, representing the applicant who was seeking a Planned Unit Development consisting of 62 units with a community center which will be "opened up" to Parti Drive residents as well. Drawing(s) /narrative/ EAF were given to the Board by Mr. Kryger, along with an apology for not getting things to them on time. He described the make-up of the PUD. Page 3 of 6 33 NOV - 9 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 28 July 2015 Mr. Kryger stated that the proposed street (1700± feet in length, oil & stone) will not be a Town (" street/road, but would be constructed to Town Specifications and then maintained by the homeowner's association. There was a connecting drive for "emergencies only." Chair Wickwire commented that the Board needed more information on the drawings than what had been submitted; it was not sufficient to forward to County Planning for their review. The Board would like to see what the proposed units would look like, parking details, landscaping, mathematical calculations, etc. Mr. Kryger commented that he thought what was submitted was sufficient to refer to the Cortland County Planning Department for their input before going into the detail of design drawings, construction drawings. Chair Wickwire responded that the County cannot provide comments on details that they have not received; they need to know lot coverage, parking details, etc. Member Renzi added, how do people parking in the parking spots get to the units? Are there sidewalks? Are they lighted? Where is snow storage area(s)? The drawings should "tell the whole story." Member Renzi stated that this Board should not pass on to County Planning what is not satisfactory to Town Planning. PZO Weber asked Mr. Kryger, "how did you get to this density?" This needs to be indicated; the County needs to know the same information. Chair Wickwire asked PZO Weber if a project such as this is sent to the County "for a concept" review; he responded "usually not." Member Renzi commented to Mr. Kryger that what he had submitted was good, but it's not enough. All things should be addressed that are in the Code. Mr. Kryger stated he would like to be on next meeting's Agenda. Member Renzi added that they would like Stormwater Management details also. No Action Taken. Pia Vvcious BBO, Applicant/Concetta L. Triscari, Reputed Owner - 985 NYS Route 13 - TM #95.16-01-12.000 - Conditional Permit for Mobile BBO Truck Chair Wickwire recognized Joey Maynard of Pig Vycious BBQ who was moving his food truck from its location on NYS Route 281 to the subject location (presently Chain Saw Carvings). He would share the location with the existing business, as shown on the sketch accompanying the application. With no further discussion, a motion was made by Member Newell to approve the Conditional Permit for the mobile BBQ truck, 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 Member DelVecchio Motion carried. This becomes Action #53 of 2015. Randv Wood, Applicant/Reputed Owner - 3957 US Route 11 - TM #87.13-01-41.100 - Lot Line Adiustment Chair Wickwire recognized the application who is seeking approval for a Lot Line Adjustment, selling approximately 1.2 acres of this parcel to the adjacent E & V Energy, as shown on a portion of a survey map accompanying the application. The small trailer on the lot will be removed, and the existing abandoned dwelling will be torn down. Page 4 of 6 34 35 NOV - 9 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 28 July 2015 _ With no further discussion, a motion was made by Member DelVecchio 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 Member DelVecchio Motion carried. This becomes Action #54 of 2015. John Barden, Applicant/Reputed Owner dba Fastlane Auto - 1799 NYS Route 13 - TM #77.00-01- 34.000 - Conditional Permit - Motor Vehicle Sales & Repairs (Postponed from 6/30/151 PZO Weber reported that he had met with the applicant's shop manager, walked the site with him, and pointed out what was not in compliance with the Conditional Permit—parking, junk vehicles, multiple containers of vegetable oil stored outside, truck caps, vehicles too close to front, all kinds of vehicles in the back, tires, etc. The shop manager indicated "we have been cleaning it up." Chair Wickwire stated she had received a call from the applicant who told her that he needed vegetable oil because that's how he heats his building. Member Renzi commented on the length of time the Board has discussed this violation; "we have got to stop this nonsense." f' ~ Attorney John Folmer gave a brief overview of what had transpired over the past few months, including the Board holding a Public Hearing regarding revocation of the applicant's Permit. The Planning Board then discussed its next steps. Attorney Folmer stated that if the Board was going to involve him, then the Board needed to revoke the Permit so that he can be changed with operating without a Permit. Chair Wickwire commented that she didn't want to "pick on anybody" or put anyone out of business, and that there were other businesses in worse condition. After considerable discussion, a motion was made by Member Renzi to revoke the Conditional Permit for non-conformance with the previous directions of the Town of Cortlandville Planning Board. The motion was seconded by Member DelVecchio, with the vote recorded as follows: Ayes: Member Newell Nays: Chair Wickwire Member Renzi Member Finamore Member DelVecchio Motion carried. This becomes Action #55 of 2015. OTHER MATTERS • Nick Renzi commented on photos submitted that indicated a messy property on Route 222, and one of the Fish property which contained the trailer portion of a tractor trailer. Attorney Folmer stated that he, and Code Officer Campbell, 10-14 days ago, had met with the property owners and they had indicated to them that, within a week, movement toward compliance with their discussion would be seen. Attorney Folmer stated he had visited the Darling property this date, 1 and it did not appear to him that there has been any change whatsoever; he took photographs. He did not observe the Fish property, but would do so this evening. Page 5 of 6 NOV.20i5 3(1 (T) Cortlandville Planning Board Regular Meeting Minutes .. 28 July 2015 • With regard to photos of the US. Route 11 property in Polkville, Member Renzi talked with CEO Tom ' Williams who thought the "stuff' in Polkville ' conforms; and is not in violation. Attorney .: Folmer said that he had talked.with Code Enforcement and. all were in agreement that they could, not successfully prosecute a violation under the present -Code. • Mention of the tanker portion of a truck at Alnye in Polkville was also discussed. It is parked on their property and advertises for drivers. • Member Renzi advised that he had spoken with Pat Reidy about. the Route 281 expansion in front of.' Walgreerl's regarding possible impact on their water filtration system: Mr. Reidy responded, in writing,. reporting ' that he :visited the site and there may: be a few minor issues, that seem to:' be a. simple fix. . Member Renzi stated that. the Board needs to :"figure out who to = inform and who should do the informing, Soil, & Water,OR Cortlandville. Mr. Reidy's comments have been placed on file for the record. PZO. Bruce Weber thought the concerns in Mr. Reidy's communication should be discussed by the Town and Soil &Water. ADJOURNMENT At 8:55 -p.m., a motion to adjourn the meeting was made -by Member Renzi, seconded. -by Member Newell, with all members present voting in the affirmative. n E. Fitch, Board SOCretary- E-mailed to Town,Clerks, Atty. Foliner, PB Members, DD, BW, TW; & DC on 11/07/15. Page. 6, of 6 DEC -- 2 2015 �Q ATTENDANCE SHEET 1T�_CORTL-ANDVIL-LE' `P AL N-NING-B AO N6E D ETING_ -F' IA-' 1: _ .(Your attendance is recorded in the meeting Minutes.) —( PRINTsED Name: Representing/Regarding: Complete Address: �. -_ IC . 6 �- U oN� D� Glb dl�nNA (0YZTL'A Vjb N CCIL IFVI i f 4 On31-y 3/ NGS -- 9 2015 TOWN OF CORTLANDVILLE PLANNING BOARD Minutes of Regular Meeting -_Tuesday; 25 August 2015 - 7:30 PM r 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 B. Folmer, Town Attorney John M. Finamore John A. DelVecchio Applicants & Public Present . Paul Suits & Ryan DuBois for Suit-Kote Corp., Applicant; Al Kryger & Tim Buhl for Leonidas Group of Virgil, LLC, Applicant; James Bryan, Applicant; Parti Drive Residents: Kevin Pristash, Brittany Schlenker, Daniel Mieras, Charles D(illegible), Leobradia Mieras, Lisa Foster; JeanMarie Norton. PUBLIC HEARING Suit-Kote Corp., Applicant/:Reputed Owner - US Route 11 IPolkvillel -' TM #s 97.00-01-30.000, 97.02-01-12.000 & 13.000 - Conditional Permit, APDSP & Development Permit for Flood Hazard Areas- Sand & Gravel Mining Operation.: Chair Wickwire opened the Public Hearing at 7:30 p.m. The Planning Board Secretaryread aloud the Public Hearing Notice as published in the Cortland Standard on 12 August 2015. Proof of Publication CYhas been placed on file for the record. Reference is made to the 28_July 2015 Minutes of this Board for details of the applications. Chair Wickwire asked if there was anyone present who wished to speak regarding this matter; there was no one who wished to do so. With everyone heard who wished to be heard, Chair Wickwire closed the Public Hearing at 7:33 p.m. REGULAR MEETING The Regular Meeting of the Town of Cortlandville Planning Board was called to order at 7:33% p.m. by Chair Katherine Wickwire. OLD BUSINESS Suit-Kote Corp.. Applicant/Reputed: Owner.-' US Route 11: (Polkville) TM #s 97.00-01-30.000, 97.02-01-12.000 & 13.000 - Conditional. Permit. APDSP & Development Permit for Flood Hazard Areas - Sand & Gravel Mining Operation. Chair Wickwire recognized Ryan DuBois, representing the applicant who was seeking .the above permits to operate a sand and gravel mining operation :on 57± acres of this 90± -acre parcel, as shown on the . drawings accompanying the applications. Mr. DuBois submitted a revised- map of where the -stockpiles would be placed. Chair Wickwire acknowledged receipt of and read aloud an undated memo from PZO Weber to the Town Board and Town Planning Board regarding Section 178-45B(3) of the Town Code pertaining to monitoring wells. A copy of this memo is attached on page 6 of these Minutes. PZO Weber stated that monitoring Page 1 of 7 36 N O V. -- 9' 2015 (T) Cortlandville Planning Board Public Hearing & Regular Meeting. Minutes 25 August 2015 wells were required under the Aquifer Protection District Regulations; there were no monitoring wells on the plan, and he had discussed this with Suit-Kote Attorney Kathleen Bennett. Paul Suits responded they will address this requirement. Member Nick Renzi stated that the monitoring wells should be. shown on the drawings and provide PZO Weber with an outline indicating the frequency of the sampling to be done and results of the testing. Chair Wickwire asked about the abandoned Sunoco gas pipeline on the property (mentioned in:- the County Planning Report), and Mr. Suits responded that it's been therefor years, is dormant, and will be removed. At the close of: this discussion, a motion was made by Member Chris Newell that the Town of Cortlandville Planning Board recommends to the Town Board that they (1) issue an Aquifer Protection District-' Special Permit for the proposed sand and gravel mining operation, (2) act as - Lead Agency under SEQRA, and (3) require the installation of monitoring .wells as stated in Section 178-45B(3):of the Town Code. 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 #56 of 2015. A motion was then made by Member Newell to approve the Conditional Permit for the proposed r sand and gravel mining operation, as requested,. incorporating Items 1 thru 7 of the Cortland . County Planning Board's Resolution No. 15-19 of 15 July 2015: `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 #57 of 2015. Leonidas Group of Virgil, LLC, Applicant/Robert. Ferris, Reputed Owner - Starr Road - TM #96.10- 0.1-19.100 - Proposed PUD Chair Wickwire recognized Al Kryger and Engineer Tim Buhl, representing the applicant. PZO Weber advised the Board that he had received a phone call yesterday stating. -they were ready to come before the Board, and PZO Weber responded that if they wanted to come before the Board at this meeting they were welcome to do so. Engineer Buhl:'commented that he thought what the Board needed was here, asjust distributed, including area layout, landscaping details, finished road contours, acreage/lot computations, snow storage areas, etc. He thought the Group was about "halfway there" in terms of detail; they were not finished drawings nor construction drawings. PZO Weber asked the engineer how he arrived at the density, and Engineer Buhl explained how he arrived at the open space percentages. PZO Weber asked him to submit the calculations, in writing, ( copied to all Board members. Page 2 of 7 301 NOV 201-5 (T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes 25 August 2.015 Member Renzi asked about stormwater management calculations, and parking spaces were discussed;. not enough parking was indicated. With regard to parking, there were 16 spaces for 12 units, 4 of which would be for handicapped. Rain gardens were.also reviewed.. The population of this project would be, from. 180 to 200 people, according to -Engineer. Buhl. Everything would be managed by a homeowner's association. Project will not go to the Town Highway Department at all, as it's private, but will conform to Town specifications. Engineer Buhl stated he would send a copy of everything to Pat Reidy at County Soil & Water. PZO Weber advised them that a public- hearing would be required within 45 days from when the application(s) are complete. Chair Wickwire stated she did not consider the- application as complete at this time, but what the Board has could be forwarded, preliminarily, to- County Planning. With no further discussion, Member.Renzi made a motion to send the applications to the 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 Finamore Member DelVecchio Motion carried_. This becomes Action #58 of 2015. NEW BUSINESS James A. Brvan. Applicant/Robin Moffitt. Reouted Owner - 2125 Tower Road - TM #107.00-01 22.100 - Lot Line Adiustment Chair- Wickwire recognized the applicant who was seeking approval of a Lot Line Adjustment. Mr. Bryan stated he wants. to buy an acre of land. from his.neighbor.-and add.it to the subject parcel, as shown on. the maps/ sketches accompanying the application. After a very brief discussion, a -motion was made by' Member Newell to approve the Lot Line Adjustment, as requested. The motion was seconded by Member John Finamore, 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 2015. OTHER MATTERS BYRNE DAIRY, INC.. APPLICANT/REPUTED OWNER - Finaer Lakes East Drive - TM #s 105.00-03- 15. 16. 17.18. 20. 21. 24. 25. 26 & 27 - Comulaint from Brafman re Windmill Illumination Chair Wickwire acknowledged receipt of a 20 August 2015 letter from Carol & Kenneth Brafman of 441 Nye Road, objecting to the lights placed on two windmills at the subject plant. A copy of this letter is attached as page 7 of these Minutes. Page 3 of 7 qD N0V 9 2015 (T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes 25 August 2015 Member Firiamore stated he had drive around the entire area and saw no problem; he was surprised the Brafman's "could even see it." There were multi -colored lights. Member Renzi read from the. 26 February 2013 Minutes of this Board, as follows: Chair Wickwire then iasked about the proposed windmills as depicted in the computer-generated photos submitted to the Board members. These windmills would be placed on the Osbeck farm portion of the facility. . Chair Wickwire questioned their use and height. Jim Gosier (Byrne's General Counsel) explained that they were proposing seven decorative windmills at four different heights: 45 feet, 66 feet, 75 feet, and 90 feet. He stated they had 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 colored lights to establish a landmark and to 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 Renzi commented that, looking at the windmills, in hindsight, they should have had illumination from the bottom up, rather than these LED lights. What is there is not what he imagined. He talked with Mr. Gosier regarding the Brafman letter and told him that he thought the, lighting of the windmills "was kind of garish." PZO Weber stated, that from his perspective, the lights should be of one color, depending on what was being made in the plant at the time. Member Renzi was informed by Mr. Gosier that a control box. could be. utilized to dim: the, lights. Member Newell was .sympathetic with the -Brafmans; the lights are multi -colored, bright _LEDs, and are on all night. Member Renzi thought the lights should be more subtle and more "user friendly." PZO Weber. added that there were two issues: one, to turn the illumination down and, two, to have only one - color lights.. In conclusion, the Board requested that PZO Weber invite Mr. Gosier to come before them to explain the: windmill illumination. OTHER MATTERS • Walmart Monitoring Wells - Member Renzi stated that Wal-Mart is approaching the end of their monitoring well sampling program, and he recommends that the Town consider requiring the -testing to continue another -two years, even if it's only once a year. He had received Pat Reidy's report. • John Barden - NYS Route 13 (Fast Lane Autol - Town Attorney Folmer reported that CEO Tom Williams had visited this non-compliant site and had taken 19 photos and prepared information: to be filed with the Court. Court is scheduled for next week. • Tractor Supply - NYS Route 13 _ Member Renzi asked if the Code Office had visited this site that does not appear to be in conformance with their Site Plan, as approved. PZO Weber replied that CEO Williams had taken some photos and PZO Weber will be in contact with the business. • HEP - NYS Route 13 - Member Renzi commented that this facility also appears to have storage not indicated on their Site Plan. • Town Junkvard Law - Town Attorney Folmer stated that this Law was a work in progress at this time. Page 4 of 7 NCV -92015 (T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes 25 August 2015 ADJOURNMENT . 1 At 8:20 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 J n E. Fitch, Board Secretary Aitchmts.: . PZO Weber Comments Brafman Letter Page 5 of 7 E-mailed to Town Clerks, JBF, PB Members, DD, BW, TW & DC on 11/08/15. C) NOV - 9 2015 (T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes To: Town Board, Town -Pianninz Board Fr6,, BruceW66—r ML County Planning r6p6itfillt to rheniti "i0rkhe requirement d 178 -45B(3.).178 -45B(3.).. 25 August 2015 g� Q in § 17-8416 of this uaffieg mining and excavations are.p'erihitt�d acoorddoa with th c- 6pter 6X ot where ori -site activities violate the oti p - irovisi sof.§§ 178-45 and 17.8-46h6rein. 'Lal Operations which comine.nce on or..kftdr':the effed&e date of these regulations .shall -'install a one;' Voiridwategr 0mg "adient' it6 - specific 16catioit:4- thoseshall be d eter'min-cAb' - professional grpiindwatft,ftionitoring wells geologist, hy:Ardgeoldgist, :engineer, or other qualifi ed exp6rt trained and experienced =in e hkdrogMo U". Frequency of required water C(Udiiv sampling ftoft- monitoringwells- shall be dpiermilled. :on siterspe-6ifid;-basks-i Access to iA6fiitorihRwells -shdU be #6ided to, employees of 'the. C&rtlafid County Health Department for purposes of an y-- additiondmotor qualifysampling dedhi6d appropriate. no n u -,ii mg plan does not , m`duide, iii6iiitoti wellsthe boards should decide whether - pg fhey j. should be required: 42- NOV 11 2015 (T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes 25 August 2015 Carol &.Kenheth-Brafryfan :441, Nve-Road .Cortland, New York 130.4.5 (607) 756=27157 August 20,2M Planning -Board To'oft e, ,wh oftlai-fidVill' Cortland, NewYork.-13045 AF -bk P _hfii we arOWrititig to you: in regards to the Byrne 'Dairy PlantJn South Cortland: along Route 13. In recent"weeks, the Plant 'has "erected . two windmills . along o and just-recently'liglits on. the windmills;have beentutn6d on at nigh e are:urgingthe 0Tafinihg.13qprd to review their decision to -approve these lights; w'hlc'h,arb extremely large loud; an'd ;KaVea blinkfing effect Wheh.they change. various bright -colors "of blue pink �-,and &pqp ai s -f windmills turn. It, remind Us of carnival lights,. &-the blinking- lights ghts of , :6 Motel. 'From, Nye Road,theise lfghts'compidt&bVertake' theJands, l6n V Hey. scenic cape Of d zi We -do not see, -any purpo s , 6" r OW lights: The lights do nothing to advert it eibr Pr'ohl6td the Byrne ljzflry Yogurt Urt PIanti. Theilights' only'popear . to. -dmthe natural e�auty of the area.; e riatu' I b Web 09_�j�bdmed-the town how es to maintain a very tasteful. -given thL6,ljr e . increaseinbusinesses which is essential to1he.econ-ornfe health Of -the -area. We tive�that-gyfiip':D4ir.yte'ledtomai'nt*ain"t-h-Ointegrttyof-thL--area:b were also appreciative y keeping thefarmin front of their ptint.they renovated-thebrm:vorynicily, 6rha n_cing.the'jr6a's landscape, w'hi"le; a"Is- o" serving -to promote advertise the yogurt ft plant. As resid e rits 6fth e,.a r6 a;:wq,;rea I'l,y,rn t'- e�, 6 Of O,:fhes&;Iights:Wh 6 n the tow" 9`�afl oWs b h e S : u qK bu-sin'6ss,,6r*.:ihdfvidu�al:-fb--,6r others 't6VqntA jhStAth' same h nB6 f6re'Io"ngj th"""hole area.-maylo k,asMoWgh it.s.acommercial strip. pertdrially'lbivetho country f6el of th&.arLsaand sincerely bpPe it stays that way'. Thank .you very . much for -your time, attent"on,-and consideration .of this matter. Res f peptd .. ily submitted� cae6l.kKdriheth. ge-afrnah Page 7 of 7 45 DEC -22015 _ ATTENDANCE -SHEET T CORTLANDVILLE PCA[VNING BOARDS MEETIfVG OF' ' (Your attendance is recorded in the meeting Minutes.) s PRINTED= Name: 1 I 1g✓_ _.. �,�` �K-e V', P9_1 1(Y" POADInrs v Irv- �Z�►�� M` A lin en_ S� f`� t� �- o Representing/ Regarding: Complete Address: S%.jc — -to �e i'6I o X21 �C ��Q scwJ _T6d 7 AtX0 v'( o` SJ i7 - ROTE ZW Amr Twt Al( '3d 7, QV,. 3wa t 0 - Q__" j"., '� .. ".-::_-.. ;,.-_---c,--�.: �. ��5}vNr...�.n lig,:.. ";'.:'r�.; :;,; :. _..- 1�...'. ..'•�:;�: � .`� P�I:ANNING. BOARD ==Meeting Only 41 NOV 1 2 2015 TOWN OF CORTLANDVILLE PLANNING BOARD Minutes of Regular Meeting - Tuesday, 29 September 2015 - 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 B. Folmer, Town Attorney John M. Finamore John A. DelVecchio Applicants & Public Present Wyatt Malchak for WXM Auto, Applicant; Attorney Jim Gosier for Byrne Dairy; Andrew Porter for Bestway, Applicant; Nathan Thorp, Applicant; John Barden, Applicant; Al Kryger & Attorney Mike Shafter for Leonidas Group, Applicant; Bob Ferris (present, but did not sign Attendance Sheet), Kevin Pristash; Eric Mulvihill of WXHC; Tyrone Heppard, Cortland Standard Reporter. REGULAR MEETING The Regular Meeting of the Town of Cortlandville Planning Board was called to order at 7:35 p.m. by Chair Katherine Wickwire. APPROVAL OF MINUTES - 30 JUNE 2015 A motion was made by Member Chris Newell to approve the Town of Cortlandville Planning Board's Minutes of 30 June 2015, 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 Member DelVecchio Motion carried. This becomes Action #60 of 2015. OLD BUSINESS 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 - Complaint from Brafman re Windmill Illumination (Reference is made to the 25 August 2015 Minutes of this Board for additional information regarding this complaint.) Chair Wickwire recognized Jim Gosier, General Counsel for the applicant, who was appearing before the Board, as requested, in response to a complaint regarding the LED illumination of the company's windmills at this facility. She felt that the windmills are not illuminated as the Board thought they would be, i.e., a constant color of lights indicating what was currently being produced at the plant. She stated that what she observed looked like "the State Fair from 690." The windmills (2) have vanes that are illuminated with multi -colored LED lights that appear to be "shooting" outwards. She asked Mr. Gosier if there was some compromise they could come up with? Member Nick Renzi read from the Minutes of this Board's 2/26/13 Minutes, as follows: Jim Gosier explained that they were proposing seven decorative windmills at four different heights: 45 feet, 66 feet, 75 feet, and 90 feet. He stated they had applied to the ZBA for a variance. One of the windmills will be operating an aerator for the proposed pond. They Page 1 of 6 NOV 12 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 29 September 2015 proposed to illuminate the blades displaying different colored lights to establish a landmark and to 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 Newell asked if the lights were on all night, and Mr. Gosier stated they were. Mr. Gosier then read from the Board's Minutes of 3/26/13, as follows: Mr. Gosier and Andy Ramsgarten gave a PowerPoint presentation on the development of the. project, including the proposed seven windmills near Route 13. They will be lighted by LED lights which change color with the windspeed/temperature. Mr. Gosier advised that "we can make them do anything we want." There's an unlimited number of colors they can be, the colors can be muted or brightened, there can be eight colors or one color on a windmill. He thought the complaint the Board received was right after Byrne turned on the windmill lights and they did not yet have complete control of them. Member John Finamore reported he had gone by the site twice in the past week and the display is nothing like it was before. Mr. Gosier stated that they have muted down and changed the colors of the lights. He also added that Byrne has never been advised of nor received any complaints, written or otherwise, until they were contacted by Member Renzi and PZO Weber. Also, there's a better chance than not that there will not be seven windmills there, he said. At the end of this discussion, the Board agreed to look at the site as it is now and, if there are still any concerns, report them to PZO Weber who will contact Mr. Gosier. The Board tanked Attorney Gosier for appearing in response to their request. Leonidas Group of Virail. LLC. Applicant/Robert Ferris. Reputed Owner - Starr Road - TM #96.10- 01-19.100 - Proposed PUD Chair Wickwire recognized Al Kryger and Attorney Mike Shafer, representing the applicant. Mr. Kryger distributed Drawing #ST -4 of 9/24/15 which he stated was a modification to the Landscaping Plan; he explained what was modified. Attorney Shafer explained the reasoning for this type of a development and stated it would not go forward unless the "financing is in place," and enough units are committed to be purchased. Mr. Kryger advised that the price range for a 1000 SF single-family would be from $120,000 to $140,000. Member Finamore asked if there were any flooding issues in the area. Bob Ferris, who owns the subject property, which is under contract) was not sure what he was speaking of. Runoff from the hill has been a problem for years. After a relatively brief discussion, Attorney Shafer asked the Board to hold a Public Hearing on .the proposed PUD. PZO Weber and Town Attorney Folmer advised that this would be done after the application is considered complete. There are development standards, etc., that need to be reviewed. Chair Wickwire commented that this has not yet been sent to County Planning as a completed application. Member DelVecchio stated he is concerned with a Stormwater Pollution Prevention Plan. Member Renzi commented that there needs to be more details on the plans; a SWPPP is not needed at the stage. The Board just received a revised Site Plan tonight; a special meeting may be needed. Member Renzi stated that the Board may want to retain the services of Clough Harbour Associates to review what is being proposed; Chair Wickwire agreed. Attorney Folmer suggested a special meeting could be a work session to go through the list of what is needed so Attorney Shafer and the Board are on the same page. Once everyone was satisfied, then the Board could make a decision as to whether or not an outside consulting firm is needed. The Board needs to solidify and identify what is required. Attorney Shafer stated they will address what items they can. PZO Weber will set up a meeting when Engineer Tim Buhl is available. Attorney Folmer stated that at this time, the plans/ application are not considered complete. No Action Taken. Page 2 of 6 q5 NOV 1 2. 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 29 September 2015 Bestwav Enterprises. Inc.. Avplicant/Rei_ uted Owner - 3832 Luker Road - TM #86.17-02-01.100 - Extension of Conditional Permit Chair Wickwire recognized Andrew Porter, representing the applicant. Member Renzi asked Mr. Porter if he had seen the 24 September 2015 complaint letter from Mr. Matt Petrella who owns a body shop business not an adjacent parcel; he had, and stated he has talked with Mr. Petrella, and Mr. Porter advised that that he told Mr. Petrella they would fix all the problems. (A copy of this letter has been placed on file for the record.) Chair Wickwire stated that someone has been dumping on the subject parcel. Mr. Porter stated he had seen this, but did not know who was responsible. Chair Wickwire then read aloud Mr. Petrella's requested conditions for providing Bestway with an extension; she feels they are reasonable. At the conclusion of this discussion, a motion was made by Member Renzi that the applicant is to provide details at the 27 October 2015 Planning Board meeting regarding the extension request for the Conditional Permit, and a timeline of when the work will be completed. 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 #61 of 2015. Chair Wickwire added that the dirt piles needed to be removed by the next meeting, and the dumping will be addressed along with the driveway. John Barden, Applicant/Revuted Owner, dba Fastlane Auto - 1799 NYS Route 13 - TM #77.00-01- 34.000 - Svecial Permit For Increase In Lot Coverage & Conditional Permit Chair Wickwire recognized the applicant who was seeking a Special Permit in Lot Coverage, and a Conditional Permit for auto/truck sales and storage. A Revised Site Plan (dated 5 August 2015) accompanied the application. The applicant also informed the Board that he would like to add onto his garage and this would bring up the lot coverage issue. PZO Weber advised that this Planning Board can grant a Special Permit for an increase in lot coverage. The Board briefly discussed the problems associated with the adjacent Economy Paving property. Mr. Barden stated that he will have his site the way indicated on the Revised Site Plan by December 1, 2015. At the conclusion of the discussion, a motion was made by Member Newell to approve a Special Permit for an increase in lot coverage, 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 Member DelVecchio Motion carried. This becomes Action #62 of 2015. Page 3 of 6 46 NOV 1 2 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 29 September 2015 A motion was then made by Member Newell to approve a conditional Permit, as requested, with J the site to be brought into conformance with the approved Site Plan by 1 December 2015. 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 #63 of 2015. NEW BUSINESS Wvatt Malchak. Applicant/Timothy Malchak. Reputed Owner - 3960 US Route 11 - TM #87.13- 01-34.000 - Conditional Permit for Used Car Lot Chair Wickwire recognized the applicant who was seeking a Conditional Permit to conduct sales of used vehicles at this location. A portion of a survey map, annotated with proposed parking spots, accompanied the application; 20 cars spaces were indicated on the map, and their hours of operation would be from 9 a.m. until 5:30 p.m., Monday thru Friday. After a very brief discussion, a motion was made by Member- DelVecchio to approve the Conditional Permit for used vehicle sales, with a maximum of 20 roadworthy vehicles to be displayed. 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 #64 of 2015. Nathan Thorp. Aoolicant/Joseph Zerillo. Reputed Owner - 2527 Ridge Road - TM #98.00-03- 08.000 - Site Plan for Double -Wide Home Chair Wickwire recognized the applicant who was seeking Site Plan approval to place a 26 ft. by 48 ft. double -wide on this vacant parcel. The home would have masonry skirting, utilizing 10 -inch blocks from the ground to the bottom of the home, with parging over the blocks; he indicated that he will install the skirting. With no further discussion, a motion was made by Member Finamore to approve the Conditional Permit for used vehicle sales, with a maximum of 20 roadworthy vehicles to be displayed. 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 #65 of 2015. Page 4 of 6 47 m NOV 1 2 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 29 September 2015 Paul Stuoke. Sr.. Aoolicant/Reputed Owner - 749 Stupke Road -. TM #95.15-03-08.000 - Conditional Permit for Proposed Auto Repair Shoo & Existing Towing Business 1 PZO Weber advised the Board that the Town ZBA had, at their meeting immediately before this one, granted a use variance to conduct an auto repair shop at this site in addition to its existing towing business. The ZBA: limited the number of vehicles to five, limited the hours of operation for the auto repair business from 7 a.m. to 5 p.m., Monday thru Friday, and from 7 a.m. to Noon on Saturdays, approved the towing business to operate 24/7, and limited a time period of 90 days that any vehicle without a current license and registration may be parked on the site. Chair Wickwire then read aloud Part II of the Short Environmental Assessment Form. Negative responses were obtained to all questions in Part H. A motion was then made by Member Chris Newell that, based on the information and analysis of the SEQR concerning this application, the Town of Cortlandville Planning Board has determined that the proposed action will not result in any significant adverse environmental impact, resulting in a Negative Declaration. 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 #66 of 2015. With no further discussion, a motion was made by Member Newell to approve the Condition Permit for the , proposed auto repair shop and existing towing business, as requested, incorporating Items 1 thru 11 of the Cortland County Planning Board's Resolution No. 15-20 of 9/16/15, with Item 9 limiting the number of vehicles to five; Item 10 limiting the hours of operation for the auto repair business from 7 a.m. to 5 p.m., Monday thru Friday, and from 7 a.m. to Noon on Saturdays, existing towing business to operate 24/7; and Item 11 limiting a time period of 90 days that any vehicle without a current license and registration may be parked on the site. 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 #67 of 2015. Joan K. Flatt, Applicant/Reputed Owner - 660 Sterling Park - TM #95.07-02-29.000 - Boundary Line Change PZO Weber explained that the applicant was seeking to add a very small triangular-shaped parcel of land to her parcel, as shown on the survey map accompanying the application. With no further discussion, a motion was made by Member Newell to approve the Boundary Line Change, 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 Member DelVecchio �j Motion carried.. This becomes Action #68 of 2015. Page 5 of 6 NOV 1 2 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 29 September 2015 OTHER MATTERS • Cluttered Properties on US Route 11, NYS Route 222 - It was noted that these properties do not appear to have been "cleaned up," but PZO Weber advised that the Darling property on Route 22 is being worked on as. best they can, and some stuff .has been_ removedfrom the Fish property. CEO Tom Williams has observed the Route 11 and Fish properties and his opinion is different; Town Attorney Folmer will talk with CEO Williams. • Propane Terminal on NYS Route 13 (Smith) Town Attorney Folmer reported that nothing has been submitted 'to CEO Williams and nothing has gone on' there. The requested has not been. installed. ADJOURNMENT At .8:45 p.m., a motion to adjourn the meeting was made by Member Newell; seconded by Member DelVecchio, with all members present voting in the affirmative. ;Jn E. Fitch, Board Secretary E-mailed to Town: Clerks, JBF, PB Members, DD, BW, TW & DC on 11/10/15. Page 6 of 6 (T� CORTLANDVILLEl o EC -- 2 2015 ATTENDANCE SHEET P ANNING`B0 RM 44f cz— (Your attendance is recorded in the meeting Minutes.) OPRINTED), Name: Representing/ Regarding: i�-)—�MaAc� W X �Y'1 n O fie /_ I�J rrt1� \v� �yc�-p— ILi�11-.-- () ("rL(w4 <f--L—i) l� 4 J Complete Address: V6 Rc6s„„j X�/”, 1) 4� je 7 7 L c.i,c C L 20 ( 0k7z+v6,W1 rce,� 1-3 KJ� PLANNING ---BOARD; Meeting -On y NOV 1 2 2015 TOWN OF CORTLANDVILLE PLANNING BOARD f= - Minutes of Regular Meeting - Tuesday, 27 October 2015 - 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 B. Folmer, Town Attorney John M. Finamore John A. DelVecchio Applicants & Public Present Scott Ochs, Applicant; Joe Maynard, Applicant; Al Kryger and Attorney Mike Shafer for Leonidas Group of Virgil, LLC, Applicant; Andrew Porter for Bestway Enterprises, Applicant; Greg & Barb Leach of Leach Properties, LLC, Applicant; Kevin Pristash, Raymond Franco, Pam Jenkins, Paul Alteri, Gene Waldbauer, Greg Costa. REGULAR MEETING The Regular Meeting of the Town of Cortlandville Planning Board was called to order at 7:51 p.m. by Chair Katherine Wickwire. NEW BUSINESS -Scott A. Ochs. Applicant/David Camp, Reputed Owner - 4487 Cosmos Hill Road - TM #76.00-01- 03.100 - Lot Line Adiustment Chair Wickwire recognized the applicant who was purchasing a 0.159± -acre, 12 -ft. wide strip from the adjacent property owner (Camp) to be added to his property, as shown on the survey map accompanying the application. With no further discussion, a motion was made by Member Chris Newell to approve the Lot Line Adjustment, 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 Finamore Member DelVecchio Motion carried. This becomes Action #69 of 2015. OLD BUSINESS Donald Mavnard dba Pie Vvcious, Applicant/Concetta Triscari, Reputed Owner - 985 NYS Route 13 - TM #95.16-01-12.000 - Revised Site Plan/Conditional Permit for BBO Chair Wickwire recognized the applicant who stated that he was now going to lease the entire property to utilize for his barbecue business, instead of just a portion of the parcel. The tenant on the other portion of the parcel, Chain Saw Carvings, is moving from that site. A revised site plan and colored photo accompanied the application. Mr. Maynard stated he will use the existing building on the site for - his office, install a new kitchen, and perhaps use any remaining space for indoor seating for the barbecue; he still plans to use the kitchen in his existing mobile food truck. Hours of operation are Page 1 of 6 5P 51 NOV 1 2 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 27 October 2015 Monday, 11 a.m. to 3 p.m., Tuesday thru Saturday, 11 a.m. to 8 p.m. PZO Weber reminded him of the required permitting. With no further discussion, a motion was made by Member Newell to approve Revised Site Plan/ Conditional Permit, 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 Finamore Member DelVecchio Motion carried. This becomes Action #70 of 2015. John Barden, Applicant/ Reputed Owner, dba Fastlane Auto - 1799 Nvs Route 13 - Tm #77.00-01- 34.000 - Conditional Permit (Note: This item was not on the Agenda for this meeting. At the Board's meeting on 29 September 2015, they approved the applicant's Revised Site Plan and gave him until 1 December 2015 to bring his property into compliance.) Town Attorney John Folmer reported to the Board that CEO Tom Williams, on 19 October 2015, had inspected the subject property and found it to be in compliance. Attorney Folmer advised that he had submitted the paperwork indicating that Mr. Barden was in compliance. j No Action Required. Leonidas Group of Virgil, LLC, Applicant/ Robert Ferris, Reputed Owner - Starr Road - TM #96.10- 01-19.100 - Proposed PUD (Reference is made to this Board's Minutes of July, August, and September 2015 for additional details regarding this project.) Chair Wickwire recognized Al Kryger and Attorney Mike Shafer, representing the applicant. Mr. Kryger distributed a revised drawing that shows plantings (trees). PZO Weber reported that no comments have been received from Pat Reidy of County Soil and Water at this time; these should come later. Member Renzi asked to have the narratives emailed to him. Chair Wickwire stated that if everything is complete, then it needs to be forwarded to the Cortland County Planning Department for their review. After their review is complete is the time to plan for a Public Hearing. She stated that the only reason it went to the County previously was because Mr. Kryger had wanted feedback from them, even though still in,the preliminary stage. PZO Weber advised the Board has 45 days to hold a Public Hearing which could be held at next month's meeting, or a special meeting could be scheduled. He stated that if the Board would like to send the additional information back to the County, there is time to do that. PZO Weber read aloud from the County Planning Board's comments: "Within five days of completion of application..." If the Board determines that, at this meeting, this , is a complete application, then technically the time would start now for a public hearing. Member Renzi asked PZO Weber if he had reviewed the density coverage calculations; PZO Weber stated - that he had, and they looked reasonable. Page 2 of 6 NOV 1 2 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 27 October 2015 After a brief discussion, a motion was made by Member Renzi that the Town of Cortlandville Planning Board considers the application complete at this time and is forwarding it to the `- Cortland County Planning Department for their review, with a Public Hearing set for 1 December 2015 at 7:30 p.m. The motion was seconded by Member John 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 #71 of 2015. DECEMBER MEETING DATE SET With no discussion, a motion was made by Member Renzi to set 1 December 2015, 7:30 p.m. as the Board's next meeting date/time. 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 #72 of 2015. OLD BUSINESS (RE -VISITED Bestwav Enterprises. Inc.. Applicant/Reputed Owner - 3832 Luker Road - TM #86.17-02-01.100 - Extension of Conditional Permit (Reference is made to the 29 September 2015 Minutes of this Board for additional information.) Chair Wickwire recognized Andrew Porter, representing the applicant, who at the September meeting had been requested to provide details/ timeline to the Board setting forth when the work will be done on this parcel. Mr. Porter distributed the requested timeline to the Board (and Matt Petrella) and reported that the parcel had been cleaned up, and the adjacent neighbor, Matt Petrella, reported that the "pile of doom is gone." Mr. Porter reported that the requested trees are being ordered from Valley View this week, and they will be planted! as soon as possible. Mr. Petrella stated that he agrees with what is being done, and is okay with the plan. With no further discussion, a motion was made by Member Newell to approve the extension of time for the Conditional Permit; based on the timeline submitted. The motion was seconded by Member Finamore with the vote recorded as follows: Ayes: Chair Wickwire Nays: None Member Newell Member Renzi Member Finamore Member DelVecchio � Motion carried. �i This becomes Action #73 of 2015. Page 3 of 6 53 NOV 1 2 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 27 October 2015 r NEW BUSINESS (RE-VISITEDI Leach Properties, LLC, Applicant/Suit-Kote Corp., Reputed Owner - Lorings Crossing Road - TM #s 77.00-04-11.111 & 112 - Conditional Permit Aquifer Protection District Special Permit,, Development Permit for Flood Hazard Areas, Subdivision (Lot Line Adiustmentl PZO Weber advised the Board that the Town ZBA, at their meeting immediately preceding this meeting, granted a Use Variance which was required as the addition of an access road, parking area, and equipment storage for this business is considered an expansion of the present use of the existing property (trash transfer station). Chair Wickwire recognized the applicant who explained that they wanted to use the subject parcels they plan to purchase from Suit-Kote for another access to their property, additional parking area and equipment storage for an existing adjacent transfer station which he owns. Chair Wickwire noted that County Resolution recommended approval of these applications, contingent upon eight items. One of the items was that the applicant submit a detailed description as to the number and type of equipment to be stored in the proposed parking area. Mr. Leach then displayed a framed aerial photo of his business site which was taken in September of 2014. He said they currently have three tractor trailers, roll -offs, dumpsters, etc., that they would like to place on these two additional parcels; they would not all be there at the same time as they have seasonal -type use. The Board reviewed the maps accompanying the application. PZO Weber stated there had been a slight change in the acreage so that it meets the minimum 25% green space requirement. Mr. Leach stated that the driveway proposed to enter off Lorings Crossing is approximately 67 feet in length and, with the owner's permission, he has cleared some of this in order to assist in determining the cost of the driveway installation. They will comply with what the County wants. The parcels are bordered by National Grid (east), Country Music Park to Route 13, and Lorings Crossing. PZO Weber commented that the County indicated there was more than 10,000 SF of impervious surface, so a Stormwater Management Plan will be required. Member Renzi asked the applicant if he had seen the County report; he replied that he had. Regarding outdoor storage, it will be the equipment already on his property as shown in the aerial photo. He wants to consolidate it to make more room for snow removal, etc. Chair Wickwire asked about the Flood Development Permit and PZO Weber explained that the Permit will be handled through his office and the items the applicant will be required to submit. Member Renzi asked if the applicant would maintain the driveway, and he responded "yes." Mr. Leach stated that the driveway will be constructed to Town Specifications. He has an application pending with the County to put an entrance on Lorings Crossing. Mr. Leach affirmed that he had read all of the County's recommendations. At the conclusion of the discussion, a motion was made by Member DelVecchio to approve the Lot Line Adjustment, 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 Member DelVecchio Motion carried. This becomes Action #74 of 2015. Page 4 of 6 NOV 1 2 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 27 October 2015 A motion was then made by Member DelVecchio to approve the Conditional Permit, as requested, incorporating Items 1 thru 8'of the Cortland County Planning Board's Resolution No. 15-30 of 21 October 2015. The motion was seconded by Member Finamore, with the vote recorded as follows: Ayes: Chair Wickwire Nays: None Member Newell Member Renzi Member Finamore Member DelVecchio Motion carried. This becomes Action #75 of 2015. A motion was then made by Member DelVecchio 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 Finamore, with the vote recorded as follows: Ayes: Chair Wickwire Nays: None Member Newell Member Renzi Member Finamore Member DelVecchio Motion carried. This becomes Action #76 of 2015. L OTHER MATTERS Clough-Harbor/Leonidas - Chair Wickwire asked Town Attorney Folmer about retaining CH to assist in reviewing this large PUD project. He reviewed what could be done. No need to review those items the Board can handle or resolve. Chair Wickwire suggested the Board would need the assistance of CH when it comes to density/ calculations; too big a project for the Board to do. Attorney Folmer suggested determining those items that are of significant concern, needing assistance, it would cut down time to do the work and expense for the developer. Timing was discussed. PZO Weber thought it would be better to wait until after the final plans are drawn up. Conceptually, this Board will give a report to the Town Board on what their feelings are regarding the proposed PUD. Member Renzi thought that Code, Development Plan, Town Design Guidelines, etc., should be compared to what's been presented; stormwater may not be manageable; would like to see CH take a look at the project later on, after public hearing and after it goes to the Town. Attorney Folmer suggested maybe doing this before it goes to the Town. PZO Weber read from the Code, giving the process (four options). • Outside Storaize: Tractor Supply - NYS Route 13 - PZO Weber visited them and property not in compliance. CEO Williams is following up. • Outside Storaize: Doug's PowerSports - lots of snowmobiles, etc. • Outside Storase: HEP - NYS Route 13 - PZO Weber visited site; front storage is as approved. • Outside Storage: Walmart - NYS Route 13/Bennie Road - Storage trailers there. Christmas layaway storage? It's an annual violation. Can't they put them more out of sight? Not supposed to have them at all. PZO Weber was asked to take a look at this. Chair Wickwire says they should ask for approval to do this. • Bvrne Dairy Windmills - Illumination concern has been resolved. r� • Walareen's - Being purchased by Rite-Aid. Page 5 of 6 54 Ell NOV 1 2 2015 (T) Cortlandville Planning Board Regular Meeting Minutes 27 October 2015 • Retail Gas Station Regulations - being revised to allow them in B-2 thru maybe the Industrial District, removing prohibition in some areas of the aquifer, -and prohibiting them in others. Work in progress; not, complete.. ADJOURNMENT At 8:50 p.m., a motion to adjourn the meeting was made by Member Newell,_ seconded by Member Finamore, with =all members present voting in the affirmative. e. On E. Fitch, Board.Secretary -E-mailed to:Town Clerks, JBF, PB Members, DD, BW, TW & DC on 11/11/15. Rev. 11/12/15 to eliminate duplication. Page 6of6 D EC -- 2 2015 ATTENDANCE SHEET (T)ORTLAfVDUILLC --P�L,AING"BOARDIVI'EETjoFf�:�5 (Your attendance is recorded in the meeting Minutes.) PRI=NOTED Name: c 'T c.0—TT- U CIX s' /& n, rj r,J tAA--., q,_ A-( vL ( P6. %Pit FiI/1� Representing/ Regarding: Complete Address: Fic:en(20 C4 v� .t'� /Zo cr J torr m00%. Ui PLANNING BOARD Meeting Only JAN 252016 TOWN OF CORTLANDVILLE PLANNING BOARD Minutes of Public Hearing & Regular Meeting - Tuesday, 1 December 2015 - 7:30 PM Town Hall Board Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) Katherine Wickwire, Chairperson Christopher Newell Nicholas Renzi John M. Finamore John A. DelVecchio Applicants & Public Present (See attached Attendance Sheets - pgs. 9 & 10) Others Present Bruce Weber, Town Planning/Zoning Officer Joan E. Fitch, Board Secretary John B. Folmer, Town Attorney PUBLIC HEARING Leonidas Group of Virgil. LLC. Applicant/ Robert Ferris, Reputed Owner - Starr Road - TM #96.10- 01-19.100 - Proposed PUD (Planned Unit Development) Chair Wickwire opened the Public Hearing at 7:30 p.m. The Planning Board Secretary read aloud the Public Hearing Notice as published in the Cortland Standard on 19 November 2015. Proof of Publication has been placed on file for the record. Chair Wickwire recognized Al Kryger and Timothy C. Buhl, PE, representing the applicant who was seeking approval for the development of a 66 -unit residential project (Starr Lite Ridge Residential Community) at this location. Mr. Kryger gave his background in real estate development and described what was being proposed for this 11.61± -acre parcel. (An undated Project Narrative by Engineer Buhl has been placed on file for the record, along with other materials pertaining to this development.) The applicant's attorney, Mike Shafer, commented on "green space" for the project, and Engineer Buhl commented regarding proposed drainage on the site and also the percolation test results. Chair Wickwire asked if there was anyone present who wished to speak regarding this matter; there were, as follows: Andrea Tobin - 46 Levudale Park - Asked when digging will start, and where the water is going to go, and when the "filtration and stuff' will be in place? Engineer Buhl responded that before the ground is even disturbed, the erosion control plan will have to be set up, etc. The project will be phased. If there are going to be problems with the drainage, they will know about it beforehand. Martu Wirsie - 3658 Abdallah Avenue - Asked about the swale that was being proposed and how it could potentially impact the runoff problems that they already have on Abdallah Avenue. Mr. Buhl explained how the proposed project will remedy the existing drainage problem. It is expected there will be a "zero discharge." Toni D. Williams - 1238 Isabel Drive - Concerned about increase in traffic. Mr. Buhl advised that a trip generation estimate had been made, and he explained the resulting numbers. Ms. Williams thinks the added traffic exiting onto Starr Road is a hazard. Many pedestrians walking along the road, including children in strollers. Maybe road should be widened. Donna Johnson - 7 Louise Drive = Concerned with number of units compared to Parti Drive. Likes idea. Asked about garages proposed and cost of units. Mr. Buhl and Mr. Kryger answered her question about garages. Yes, there will be garages. Purchase price of homes, $140,000±; there will be some rent -to -own units. Dan Mones - 32 Abdallah Avenue - Asked about multi -unit buildings and how "rent -to -own" works; Mr. Kryger explained. Tim Carmodu - 27 Isabel Drive - Asked about rental agreement. Page 1 of 10 S7 A N 2 5 2016 (T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes 1 December 2015 Attorney Mike Shafer explained that there will be a Homeowner's Association formed, and that association will maintain the roads, etc. Tom Crompt (?) - 23 Abdallah Avenue - There will be 220 cars using that street; concerned about present traffic off Abdallah. It's going to be worse. Within five years, house will not be worth what he paid for it. Martu Wirsie - 3658 Abdallah Avenue - What kind of written assurance is there to make sure, if project goes "belly up," who will take care of the place? Mr. Kryger advised about the Homeowner's Association, and in response, Mr. Wirsie stated it sounded like the Town would have nothing to do with it. What if Homeowner's Association goes "belly up"? Will there be a minimum dollar amount for these units? Engineer Buhl explained how each property owner will contribute to the Association; there's a capital reserve fund that will be created. Attorney Shafer explained further; it's like a corporation. David Funk (for mother-in-law) - 19 Abdallah Avenue - Also concerned about Homeowner's Association. Mr. Kryger answered his questions, as did Attorney Shafer who explained what goes into forming an Association. Michael J. Reaaan - 1181 Starr Road - Drivers taking risk turning onto Starr Road; had two accidents over past two years. Very concerned about traffic. He does not use public water; well is used. Will ruin the enjoyment of his own property. It takes 10 minutes to get out of h is driveway sometimes. People walking along there all the time. No shoulders there, but there's a 5 -ft. deep ditch along road. Chris Tier - 34 Abdallah Avenue - Stated he was also representative of elderly neighbor. Cortlandville has never addressed the flooding issue on Parti Drive and Starr Road. Are you sending water over to his house next? Flooding issue needs to be addressed first by the Town. Doesn't think drains will be sufficient. Don't need increase in traffic. Kids play in the street, and it's a racetrack. If development goes defunct, what does this do to his property value? Engineer Buhl advised that the proposed project involves the input/review of many agencies, e.g., the NYSDEC, Cortland County Health Department, Cortland County Soil & Water, Cortlandville Highway Department, County Planning, etc. Asked if there would be an increase in crime rate. Again asks what happens if "this all dissolves"? Mr. Kryger once again explained what the Homeowner's Association would be responsible for. Barbara Wood - 28 Abdallah Avenue - Asked about proposed drainage and how it will be; Engineer Buhl, using his preliminary drawing, explained how this would be handled. He also explained the other details/ drawings he is required to prepare. Kevin Pristash - 3607 Parti Drive - A document has been received by neighborhood. Wanted to know if Board had received same. Project has been to County Planning who formulated their recommendations; commented on County's comments/vote. Drawing does not have road "up to Town spec." Also concerned about traffic and past accidents; now adding another road to this. Flooding is a big issue. Mr. Kryger responded that design details have not been completed. This Public Hearing is to consider their application for changing an R-2 District to Residential PUD. Attorney Shafer stated that the Town Planning Board will make their recommendation to the Town Board. If a positive recommendation, then the Town Board, in turn, will hold another Public Hearing. The applicant would then be required to submit a complete stormwater plan and a complete design. If the Residential PUD is approved by the Town, then it comes back to the Town Planning Board again for a full review. Anna Alteri - 3576 Parti Drive - Moved away from Cortland to reside in South Carolina for ten years. One of SC homes was in a gated community with Homeowner's Association (HOA). Second home by same developer was outside of the HOA; homeowners were responsible for home upkeep, etc. Development was not kept up (entrance, landscaping, etc.) outside her property. Streets no longer kept up. Wanted people present to know that an HOA can dissolve. Mr. Kryger stated that what they are proposing will not operate the same way. Lisa Foster - 3596 Parti Drive - Stated she had "typed -up" statement and then had some questions. (Secretary not provided with copy of statement.) Appreciated design of project to Page 2 of 10 58 JAN 2, 2016 (T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes 1 December 2015 n place single-family homes abutting homes on Parti, Drive, with. multi -units being "on the other side." Also' appreciated Mr. Kryger's invitation to meet with the area residents at the Red Dragon.. Not opposed to development in general, but.many of residents object to the density. Properties on two sides contain single-family homes; proposal is double what is in area. Does not conform to area: Abdallah, Levydale, Louise,- Isabel, Starr Road, Parti Drive all consist of single-family homes. Suggested making the. subject parcel "green space." Also concerned with: light pollution, even with down -lighting as a lot of the residents are "at the bottom"; noise pollution with -over 200' people living in this . development; increased traffic w/66 units—if two cars per unit, it's over 130 cars "zipping up and down"; increase in animals—the more dogs there are in concentrated area, the barking goes up. Hopes owner is successful in. selling this property, but is looking to have a similar, single-family development. "Try to put yourself in our shoes." Too much in. a tight space. Will the Board require a bond or letter of credit in case project runs out of money before it's completed? PZO Weber read from the Code re provisions for final approval, one of which was "the Town Board may require the posting of such performance guarantees as it deems necessary..." Ms. Foster then asked if the project did not get approved, will the developers go ahead and do something else (single-family or duplexes)? Mr. Kryger explained there were a minimum number of units needed in order to make the project financially viable. Ms. Foster then questioned having water -filled ponds; will they be filled with water? Engineer Buhl answered that they will, temporarily; they eventually drain out and are empty the majority of the time. She then asked how long a time does the public have ' to present petitions to the Board; she has 85-90 homeowners who have signed a petition against the proposed project. PZO Weber advised: 45 days from the date_ of this public hearing. Chair Wickwire commented that all the Planning Board does is make a recommendation to the Town Board after reviewing the preliminary plans. The Town Board then- makes the decision as to whether or not this is a viable PUD. If they think it is, then the developer returns with the full design completed. Petitions should be given to the Town Board and the Planning Board. Toni D. Williams - 1238 Isabel Drive - When you started looking at this property, did you ever" come across the map of Perplexity Creek? How would this project impact this "natural creek?" Mark Roberts - 21 Abdallah Avenue - How will units be built/ sold? Mr. Kryger stated has not gone into that kind of detail; we need to know first of we receive a PUD designation. With everyone heard who wished to be heard, a motion was, made at 9:02 p.m. by Member Finamore to close the Public Hearing. 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 #77 of 2015. Page 3 of 10 JAN 2 5 2016 (T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes 1 December 2015 REGULAR MEETING The Regular Meeting of the Town of Cortlandville Planning Board was called to order at 9:03 p.m. ,by Chair Katherine Wickwire. APPROVAL OF MINUTES — 28 JULY, 25 AUGUST, 29 SEPTEMBER & 27 OCTOBER 2015 A motion was made by Member Renzi to approve the Minutes of the Planning" Board's meetings of 28 July, 25 August, 29 September, and 27 October 2015, as submitted. The motion was seconded by Member Finamore, with the vote recorded as follows: Ayes: Chair Wickwire Nays: None Member Newell Member Renzi Member Finamore Member DelVecchio Motion carried. This becomes Action #78 of 2015. NEW BUSINESS Meilinda Susman. Applicant/ Paradigm Properties. Reputed Owner - 3266 Walden Oaks Boulevard - TM # 106.05-01-24.000 - PUD Revision Chair Wickwire recognized Dan Clark, representing the applicant who was seeking a PUD revision as explained in her 20 November 2015 letter to this Board, a copy of which has been placed on file for the record. PZO Bruce Weber explained that the applicant is proposing to use the subject lot for a two- family dwelling, instead of the previous day care center which never materialized. He also stated a variance would be needed for the lot width requirement from the ZBA, and Site Plan approval from this Board. The Board's role at this meeting is to consider making a recommendation to the Town Board whether or not to change this lot's designation from a day care center to a two-family dwelling; the Town Board would need to make this change because it's a PUD. With no. further discussion, a motion was made by Member Newell to recommend that the Town Board make the PUD change, 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 Member DelVecchio Motion carried. This becomes Action #79 of 2015. Jeffrey Bushnell, Applicant/Tompkins Street Cortland, LLC, Reputed Owner - 255 Tompkins Street (NYS Route 131 - TM #96.09-03-02.000 - Conditional Permit for Auto Detailing Shop Chair Wickwire recognized the applicant who was seeking approval to convert a former auto parts store into an auto detailing facility. The narrative accompanying the application indicated that Mr. Bushnell would recondition the exterior/ interior of vehicles. Operating hours would be Monday thru Friday, 8 a.m. to 5 p.m:, and Saturday from 8 a.m. to noon. Page 4 of 10 JAN 2. 5 2016 (T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes 1 December 2015 With no further discussion, a motion was made by Member Renzi to approve a Conditional Permit for Bushy's ProShine auto detailing shop, 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 Member DelVecchio Motion carried. This becomes. Action #80 of 2015. OLD BUSINESS Roval Chevrolet/ Cortland. Inc.. Avi icant/Reputed Owner - 3838 NYS Route 281 (West Road) - TM #86.17-01-10.211 - Conditional Permit - Proposed Bodv Shot) Addition Chair Wickwire recognized Chuck Feiszli, PE, .and Joe Reagan, who were seeking a Conditional Permit and Aquifer Protection District Special Permit for a proposed 11,250 SF body shop addition to their existing facility, all as shown on and described in the materials accompanying the application. Engineer Feiszli assured the Board that there would be no change in the stormwater management system, and that they would like to start construction as soon as possible. After reviewing the materials submitted, a motion was made by Member Renzi to forward the applications for a Conditional Permit and Aquifer Protection District Special Permit for the proposed 11,250 SF Body Shop Addition to the existing facility to the Cortland County Planning Department for their review. 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 #81 of 2015. Leonidas Group of Virgil. LLC.. Applicant/Robert Ferris. Reputed Owner - Starr Road - TM #96.10- 01-19.100 - Proposed PUD (Reference is made to Planning Board Minutes commencing 28 July 2015 for additional details regarding this application.) Town Attorney John Folmer advised the Board that they had 45 days to make their recommendation regarding the proposed. PUD to the Town Board. Chair Wickwire thought that this Board should postpone any further action until the 29 December 2015 meeting in order review the information/ comments obtained at this meeting and to get answers to the many questions raised by this' Board, especially those by Member Renzi, as shown on the following page. Page 5 of 10 JAN 2016 (T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes 1 December 2015 COMMENTS ON THE PUD PROJECT PRESENTED BY THE LEONIDAS GROUP OF VIRGIL. LLC By Nick Renzi, Cortlandville Town Planning Board Member -1 December 2015 Backaround The County Planning Department has reviewed all submitted materials and their report dated November 13, 2015 includes their comments and sixteen recommendations. The County Planning Board in their Resolution No. 15-32 supported the Planning Department's recommendations. A letter from Mike Shafer dated October 30, 2015 provides comments on the original Planning Department's recommendations. Comments 1. The applicant has not provided a finalized and detailed stormwater management system design. 2. The comments relative to the County Planning Department/Board are in many cases presented as will be done once approval is granted. 3. The ability of the proposed site to handle stormwater infiltration has yet to be determined and is an important part of the stormwater system design. 4. The impact of the development on the surrounding properties as to flooding and traffic has yet to be defined. 5. The impact of the project on surrounding properties relative to privacy, property values and noise has not been addressed. 6. In August of 2003, the Town Code was amended to include Article XXlll titled Design and Development Guidelines. These guidelines define specific design features that should be considered and/or avoided when considering new residential developments. Pages 178-112 to 178-125 define in great detail the guidelines that should be addressed. There is no mention in any of the applicant's submittals that these guidelines have been addressed or acted upon. Recommendation My recommendation is that the applicant provides a more comprehensive submittal including the design of the stormwater management system and a detailed narrative with drawing changes that reflect on the Design and Development Guidelines. In addition, the finalized application which would include all drawings, stormwater management system design, comments on the County's latest recommendations and comments on how the proposed project has addressed the Town's Design and Development Guidelines be submitted to Clough Harbour and Associates for their review and comments. Member Renzi commented that required reading should be 178-54 and 178-57D of the Town Code, of which he read a portion. He asked how this Board could make a recommendation to the Town Board without getting "deeper into the development," especially regarding the Design Guidelines. Mr. Kryger then submitted drawings of the proposed homes which would not look like "row houses." Engineer Buhl stated that he can provide stormwater documents to demonstrate the design will take care of a 100 -year storm. Chair Wickwire commented on the heavy density of this project, and again thought the Board needed to postpone their recommendation until the scheduled meeting of 29 December 2015. Attorney Mike Shafer reminded the Board that they were making only a recommendation based on the criteria for the PUD in the Ordinance; then it will come back before this Board for a full SWPPP, etc. Chair Wickwire countered that "We're trying to look at this and say, is this a PUD that we want to recommend to the Town Board?" Attorney Folmer then suggested that, "in the meantime, you be very careful and read the sections of the Code that outline the process that you're going through. Your recommendation to the Town Board, at this stage, is governed by the section I just pointed out... Does this conceptually fall into the category that could be a PUDT' He felt the Board needed to "(1) take into account tonight's comments, (2) review Code sections carefully so you have better idea of what it is that you're doing in this process at this point in that process, and (3) by the 29th,. you should each have Page 6 of 10 a JAN' 2016 (T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes 1 December 2015 made an individual determination on those criteria that you can discuss that would go with your recommendation to the Town Board." At the conclusion of this lengthy discussion, Member Renzi made a motion to postpone the proposed PUD recommendation until the 29 December 2015 meeting of this Board. 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 #82 of 2015. Brian R. Buttner. RA. dba ADR Associates. Av_ vlicant/Arthur Bell, Jr., Revuted Owner - Lot 54, Blue Creek Road - TM #76.00-07-03.000 - Site Plan re Provosed Single Duvlex Ranch -Style Homes Chair Wickwire recognized the applicant and owner who presented a Site Plan depicting two duplex housing units on this 2.73± -acre parcel, as shown on and described in the materials accompanying the application. Mr. Buttner stated he had received new information which he distributed to the Board. The updated plan was submitted as a result of a visit from the Corps of Engineers who found a small wetland area onsite, requiring them to move what is indicated as Parcels A and B farther to the east, as shown. Parcel A, he commented, has been determined to be a legal lot by PZO Weber. The owner would like to construct a single -duplex ranch -style dwelling on each parcel. Density of the proposed development is consistent with the area, and two-family dwellings are permitted in the Ag zone, with Planning Board approval. There will be a permanent right-of-way along the east edge of Parcel A, as shown on the drawing. Mr. Buttner explained that the duplex homes will be rented, catering to seniors and/or professional couples. After considerable discussion, Chair Wickwire read aloud an email (12/l/15) she had received from neighborhood resident Ann McLorn. Some of her comments have been taken care of by the revised plan submitted at this meeting. Member Renzi, read from the Department of the Army Buffalo District, Corps of Engineers, letter dated 17 November 2015 regarding the existing wetlands on this property. Since there will be no disturbance in the area, he did not think there was any problem and no Permit will be required. Member Renzi stated it would be nice to have this in writing. At the conclusion of this extensive discussion, a motion was made by Member Newell to approve Site Plan for the proposed single duplex ranch -style homes on two lots, as requested, conditioned upon compliance with the requirements of the Cortland County Health Department, the Department of the Army Buffalo District Corps of Engineers, and that the easement shall be created as shown on the Site Plan. The motion was seconded by Member Finamore, with the vote recorded as follows: Ayes: Chair Wickwire Nays: None Member Newell Member Renzi Member Finamore Member DelVecchio Motion carried. This becomes Action #83 of 2015. Page 7 of 10 62- Page 2 JAN25'2016 63 (T) Cortlandville Planning Board Public Hearing .& Regular Meeting Minutes 1 December 2015 Zonina Text Amendment Relatina_ to Location/Overation of Retail Petroleum Sales Town Attorney John Folmer stated that the Town has no,provision_for the location of aa station: The, proposed amendment has been sent, to and reviewed 'by the Cortland County Planning Board. The Board. members received the .County's' Resolution No. 15-33 :dated 18 November 2015 recommending approval with, contingencies. Chair Wickwire commented that -this Planning Board needed time to, study the proposed amendment and read-the.County's comments. With no further discussion, ' a motion was: made by Member Newell to postpone any action owthe proposed Zoning Text Amendment re Retail Petroleum.'Sales Facilities until the Cortlandville Planning Board, meeting of 29 December 2015. "The motion was seconded by Member Fina. more, . with the vote recorded as follows: Ayes: Chair Wickwire Nays: None Member Newell Member Renzi Member Finamore Member DelVecchio : Motion carried. This. be comes'Action-:#84 of 2015. OTHER MATTERS • , Walmart Storaae .Trailers = PZO Weber reported he had: visited with the Store Manager who advised that -these units should be' removed :as they were used :to store additional inventory- for "Black -Friday." PZO Weber said he had _requested-that_he =be advised in the future when these units would be there. - _, • - Route 222 Junk.' Board members noted the offending -properties looked terrible; Chair Wickwire J called their appearance "bad." • Tractor Supply - NYS- Route -13 Member Renzi noted that -this facility still does not appear to be in conformance with their :Site Plan, as approved. 'PZO Weber: replied that' CEO .Williams had written them a letter; PZO Weber :will look into this. ADJOURNMENT At 10 p.m., a motion to .adjourn the meeting was made by Member' Newell, seconded by' Member DelVecchio, with all members present, voting in:the affirmative. { in . Fitch, Board Secretary E-mailed to Town Clerks, JBF, PB Members, DD,.BW & DC on 1/24/16. Attchmts.: Attendance Sheets (2 pages) J CORTLANDVIL-LE — ATTENDANCE SHEET C, LANNING_-BOARD; ,2 0 �1- ff_ MEETING OF::1'—� j (Your attendance is recorded in the meeting Minutes.) 1PRINTEDName: -�- rf-z_ 0 Y " l l k 2 _� t' Pu /65he'_ //J/ PI ebury cam/ 04—' `. 't'4 4117Zr yea �e�p� / J f /�� ljhClc l/A7i1v0)� S) n C,- `To 6`t n ancim , rb'i n -n �'Y� ► I1 h i ,A44n/ v /V/' ire"aN o �I Aa C Representing/ Regarding: 114 L c _� Ji, a 'Aou') Velimmd /l/ -div !'�JLtS�s11q %revs i ?Nw- i l 1712., `)r Tv �.QvUcla,l�, ��- �,P_v �)dct.0 PL . a Complete Address: J0 3667 P`�t-d� 1-2_ �bq"q jt&M >R,C1 35w, 14r(" 'Dr, 1161 S�.�-72,,�_ 26; t P11'h l WYL moi\ ,4141 J_euv PK t ,PLANNING _BOARD. Meeting_ -manly , (T) CORTLANDVILLE ATTENDANCE SHEET PLANNING BOARD MEETING OF: (Your attendance is recorded in the meeting Minutes.) PRINTED ) Name: 6,6,11, TS'JWvAkY1/ 17a�, IMoyrs Fc,"l S7��II % t I�- cl , A+qA�z_ .A Representing/ Regarding: Complete Address: /IQAfoaallok &e -— j 44- Aof— R,Q Lia x pig Y- i-, 3 C� Pc'j; ; L/),- r,�r rGir L Al, UMA00 U4 v i W( A -\/%A=> L1/1, PLANNING BOARD Meeting Only r nN JAN 2016 TOWN OF CORTLANDVILLE PLANNING BOARD Minutes of Regular Meeting - Tuesday, 29 December 2015 - 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 -B. Folmer, Town Attorney John M. Finamore John A. DelVecchio Applicants & Public Present Al Kryger, Bob Ferris, Engineer Tim Buhl, Attorney Mike Shafer for Leonidas Group, Applicant; Robert Temple, Jr., Applicant; Joe Reagan & Engineer Chuck Feiszli for Royal Auto Group, Applicant; Walter Kalina, PE, of Clough Harbour & Associates; Lisa Foster, Leo Mieras, Daniel Mieras, Charles Drach, Jason Schlenker, Daniel Mones, Don Richards, Steve Terwilliger, Tracey Walters, Peter Blanchard. 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. OLD BUSINESS Leonidas Group of Vireil. LLC. Applicant/Robert Ferris. Reputed Owner - Starr Road - TM #96.10- 01-19.100 - Proposed PUD (Planned Unit Development) Chair Wickwire recognized Attorney Mike Shafer, representing the applicant, who requested that the Board extend the 45 -day time period, postponing this matter until the 26 January 2016meeting of this Board in order to have time to review the 22 December 2015 comments of Clough Harbour & Associates provided to them at this meeting. A motion was then made by Member Nick Renzi to postpone the proposed PUD matter until the 26 January 2016 meeting of this Board, as requested by Attorney Shafer. 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 Member DelVecchio Motion carried. This becomes Action #85 of 2015. Walt Kalina, PE, of Clough Harbour & Associates, an engineering firm assisting the Town with this proposed project, distributed'to Board members a copy of a guidance for planning Boards to consider steep slopes in land use decisions, entitled Steep Slopes and Land Use Decisions, prepared by the Southern Tier Central Regional Planning & Development Board, February 2012, for their perusal. The Board had no questions for Engineer Kalina at this time. Page 1 of 6 JAN 2 5 2016 (T) Cortlandville Planning Board Regular Meeting Minutes 29 December 2015 Roval Chevrolet/Cortland. Inc..- Avvlicant/Revuted Owner - 3838 NYS Route 281 (West Road) - TM #86.17-01-10.211 - Conditional Permit & Aa_uifer Protection District Special Permit - Proposed Bodv Shot) Addition Chair Wickwire recognized Chuck Feiszli, PE, and Joe Reagan, who were seeking a Conditional Permit and Aquifer Protection District Special Permit for a proposed 11,250 SF body shop addition to their existing facility, all -as shown on and described in the materials accompanying the application. Engineer Feiszli acknowledged receipt of the Cortland County Planning Department/ Board's report regarding this project. Chair Wickwire asked about the exhaust system and if they would be doing a lot of painting; they replied yes. Regarding chemicals, Mr. Reagan stated they would provide MSDS data sheets and they also have a spill plan., He added that they had no problem -complying with the County's recommendations contained in their Resolution No. 15-35 of 21 December 2015. The body shop was not new, it was an expansion, he stated. Engineer Feiszli added .that he had made a stormwater change; he talked with Pat Reidy of County Soil 8t) Water so plan was modified and has been submitted; he will be providing a letter from Pat after completing his calculations. After a brief discussion a motion was made by Member Chris Newell to approve the Conditional Permit for the proposed 11,250 SF Body Shop Addition to the existing facility, incorporating Items 1 thru 14 of the Cortland County Planning Board's Resolution No. 15-35 of 21 December 2015. 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 #86 of 2015. A motion was then made by Member Newell that the Cortlandville Town 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 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 #87 of 2015. NEW BUSINESS Robert L., Jr. & Nicole L. Temple, Applicants /Reputed Owners - 100 Beechwood Lane - TM #96.17-01-13.000 - Subdivision of Land Chair Wickwire recognized Mr. Temple who was seeking approval of a subdivision at this location. PZO Weber explained that the subject parcel was previously two lots and, some time ago, Mr. Temple combined the .two into one lot. He then ran into some problems with the Association regarding t he maintenance of the woods. So in order to allow the woods to remain as they are, the applicants would like to subdivide the parcel again to create an undeveloped lot; therefore the woods would remain as woods. Page 2 of 6 • Em. JAN1 '41 5 20 16 (T) Cortlandville Planning Board Regular Meeting Minutes 29 December 2015 With no further discussion, a motion was made by Member John DelVecchio to approve the l_ Subdivision, 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 Member DelVecchio Motion carried. This becomes Action #88 of 2015. David Sanford, Applicant/Reputed Owner - 3303 US Route 11 - TM #108.00-01-02.200 - Conditional Permit (Pending ZBAj PZO Weber advised the Board that this application had been postponed by the Zoning Board of Appeals to give the applicant time to provide additional information; therefore, the application for a Conditional Permit was removed from this Agenda. Zoning Text Amendment Relating to Location/Operation of Retail Petroleum Sales Chair Wickwire acknowledged receipt of a letter from Engineer Timothy C. Buhl regarding his opposition to the proposed Zoning Text Amendment, a copy of which has been placed on file for the record. Board members had also received "Comments on the Proposed Zoning Text Amendment Regarding the Location and Operation of Retail Petroleum Sales" from Member Renzi, dated 22 December 2015, as follows: BACKGROUND Currently, gasoline stations are not permitted in any zoning district in the Town except the B-3 District in shopping centers with special permit. , Cortlandville has five gasoline stations. The Sunoco station -located on the corner of Route 222 and Route 281, the Red Apple located on McLean Road and Route 13 and three located south on Route 11. The City of Cortland has six gas stations on its main thoroughfares, easily available to travelers into and out of Cortlandville. To the south of Cortlandville there are three gas stations on Route 13 and to the north on Route 281 there are three gas stations. The total number of gas stations in and around Cortlandville is seventeen. The way the Town Code is written currently, gas stations can be located in the Agricultural, R-1, R-2, R-3 Districts by applying for and obtaining a use variance from the Town Zoning Board of Appeals. The same is true for the other Districts. Previous applications for the gas stations within Cortlandville have been denied based upon the need to minimize the threat to the sole source. aquifer that provides drinking water to the Town's residents. PROPOSED ZONING TEXT AMENDMENT DESCRIPTION AND COMMENTS The proposed amendment as written would maintain the current restrictions of not allowing gas stations in the Agricultural, R-1, R-2 and R-3 Districts but adds the Area 1A of the wellhead protection area. The intent of the proposed zoning text amendment is not clear since any prohibited use called out for any of the districts can be appealed by submitting a variance request to the Zoning Board of Appeals: Adding the 1A area to the restrictions carried by the Agricultural District, R-1, R-2 and R-3 Districts does nothing since variances currently can be applied for and possibly granted. Page 3 of 6 JAN 252016 (T) Cortlandville Planning Board Regular Meeting Minutes 29 December 2015 An approved variance, coupled with site plan approval and issuance of a Conditional 1 Permit and an approved Aquifer Protection Permit gasoline stations, could result in gas stations being located anywhere in Cortlandville. Highly unlikely, but entirely possible. On the other hand, if the proposed amendment were located in the Town's Code outside of the Zoning section, a variance request would never come into play. GENERAL COMMENTS 1. The Cortlandville Town Code in Article X Aquifer Protection District, which was added in May of 1988, twenty-seven years ago, has very specific definitions of the various areas and highlight the importance of these areas necessary to preserve the integrity of the sole source aquifer. 2. Within Article X the Restrictions and requirements section 178-45 lists in .paragraph A Prohibitive uses and activities subparagraph (7) Gas stations, solid waste disposal facilities and junkyards are prohibited in Areas I and II. 3. The Town Board's proposed zoning amendment as written and located in the zoning section of the Town Code neither adds or reduces restrictions since variance requests and approvals are possible. 4. If the Town Board desires to facilitate establishing additional areas to place retail petroleum sales operations beyond what is currently allowed, the action should start with a needs assessment. Is it necessary to be less restrictive in the protection of the sole source aquifer? Is the need so critical as to warrant less restrictive protection of the aquifer? Once a realistic need has been defined, then the Town Board should consult with technical experts knowledgeable in aquifer hydrology to determine if the need can be satisfied- without jeopardizing the integrity of the aquifer. The recommendations of the technical people should be the basis of any change to the Town Code. % 5. Once areas are defined that could accommodate gas stations without compromising the sole source aquifer, then those areas should be specifically identified and spelled out in the Code outside of zoning. 6. In the 2002 draft report titled "Delineation of Wellhead Protection areas for the Town of Cortlandville and City of Cortland" the travel time for the lA zone was defined as 2 -year travel time and Zone 1B as 5 -year travel time. It was stated on page 4 relative to zone 1B "This zone represents a significant risk of contamination to the well, but not as high as Zone 1A." CLOSEOUT STATEMENT The proposed zoning text proposal as written and located in the Zoning section does nothing to restrict or facilitate gas stations within Cortlandville. The need for additional gas stations should be defined first followed by recommendations from a technical body to see if we can safely modify our Town Code to facilitate retail gasoline sales without compromising the current and future integrity of our sole source aquifer. The work, knowledge and recommendations of Todd Miller and Pat Reidy are required to formulate a plan 'to facilitate additional gas station locations _ within Cortlandville. Considering the importance of the sole source aquifer and the existence of seventeen gas stations in and around Cortlandvine it begs the question as to why this matter is even being brought up for discussion. Although the Town code may be somewhat restrictive, considering the importance of the sole source aquifer the originators of the code acted with an abundance of caution based on hydrological science, which up to now has served us well. These comments are those of Nick Renzi, Planning Board Member, and in no way represent 1 the opinion of the Cortlandville Planning Board. Page 4 of 6 S 70 JAN ' 2016 (T) Cortlandville Planning Board Regular Meeting Minutes 29 December 2015 The Board discussed what the proposed. amendment would allow or prohibit. The Board did not support - the proposed change in the zoning text regarding this matter, and agreed with Member Renzi's comments. Chair Wickwire stated she would like Member Renzi's comments (with the exception of his last sentence) forwarded to the Town Board; Town Attorney John Folmer said he would convey, this Board's comments to the Town Board. Chair Wickwire commented that this Planning Board has worked for many, years to protect the .sole source aquifer, and what has been done in the past has accomplished this' with the Code as it is, it's kept the water clean and have had no problems. What we have works. At the conclusion of the discussion,. a motion was made by Member DelVecchio that the Cortlandville Town Planning Board recommends to the Cortlandville Town Board that they consider the written comments of Planning Board Member Renzi (excluding the last sentence), and the letter from Timothy C. Buhl, PE, to be an expression of the opinion of the Planning Board in non-support of the proposed change. 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 #89 of 2015. Chair Wickwire. recognized Steve Terwilliger, proprietor of a Sunoco fueling station on NYS Route 13, who asked, "Why the change?" . PZO Weber responded that would be a question for the Town Board. Mr. Terwilliger stated he had talked with the Cortland County Planning people and they thought "by voting affirmative to this; they were actually strengthening the rules against gas stations coming in." Chair Wickwire agreed that County Planning did feel that way, but she didn't think they "really understood it." EXECUTIVE SESSION At 8:20 p.m., a motion was made by Member Renzi to recess the a regular meeting and go into Executive Session to discuss pending litigation. The motion was seconded by Member Finamore, with the vote recorded as follows: Ayes: Chair.Wickwire Nays: None Member Newell . Member Renzi Member Finamore Member DelVecchio -Motion carried. This becomes Action #90 of 2015. At 8:30 p.m., motion was made by Member Renzi to come out of Executive Session to discuss pending litigation and reconvene the regular meeting. 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 #91 of 2015. Page 5 of 6 JAN 2016 71 (T) Cortlandville Planning Board Regular Meeting Minutes 29 December 2015 NO ACTION WAS TAKEN DURING THE EXECUTIVE SESSION. ADJOURNMENT At 8:32 p.m., a motion to adjourn the meeting was made by Member Finamore, seconded by Member Renzi, with all members present voting in the affirmative. n E. Fitch, Board Secretary 'E-mailed to Town Clerks, JBF, PB Members, DD, BW & DC on 1/24/16. Corrected (deleted wrong Att. Sheets) & re -sent on 1/25/16. JEF (TJ C' RTLANDVILLE ATTENDANCE SHEET ,PLANNING BO__ARD� �1 �-Yq--._� IVIEET�NG OF: -.+br ,•. ,�''}A (Your attendance is recorded in the meeting Minutes.) PRINTED, Name: Representing/ Regarding: Complete Address: RM6 6- fdi,� 4eOOCQ(Q.-,e, Mh -qc %l �'rVllrL� ill l.�'2� �lrSo A IntOVl JR: 1/Gnik� 0,)e- -S r L�� ly1 i, -r - Ci - \'A ,rte r—. el, 8l ST2 9. J < < 3S -y6 Pte! 3601 PcJ-,?-< 0,0 , PIS-( ram 4 r l //I— baA� z ,Ta,,P/Q IF, !ood 6 -Q -c4 r,,Ov 3zc �(/l/bq Wa lla 1, {�Vt�l�wCjo-)� JPSANNING -BOARID=_ U v1%