HomeMy WebLinkAbout2018INDEX OF ACTIONS - 2018
Joaip.` Fitch, Board Secretary
Emailed copy to: Kristen, Bd. Members, JBF, DD, BW, KM & DC on 2/1/18. JEF
(T)CORTLANDVILLE PLANNING BOARD
(___)EETING]ACTION
l
PAGE
DATE NO.
DESCRIPTION.
NO.
1/30/18 1
APPROVED MINUTES OF 26 DECEMBER 2017 PLANNING BOARD MEETING
MINUTES,.as submitted.
Dl
NO ACTION
CHANGE OF ZONE- REQUEST FROM TOWN BOARD - NYS Route 13 (Tompkins Street)
TAKEN
Parcels - need more info from Cortland County Planning Department.
of
2
PROP, INC., APPLICANT/REPUTED OWNER - 3877 Luker Road _ TM #86.17-01-01.000 -
Conditional Permit & Aquifer Protection District Special Permit applications for proposed
Cold Storage Warehouse & Utility Building SENT TO CORTLAND COUNTY PLANNING
DEPARTMENT for their review.
U�
3
DAVID YAMAN REALTY SERVICES - Lime Hollow Road - Proposed Medical
Manufacturing Facility - TM ??? - Send applications to the. Cortland County Planning
Department for their review when they are complete.
4
WILLIAM L. BAKER, APPLICANT/REPUTED OWNER - 3840 US Route 11 - TM #108.00-
02-14.000 - Subdivision of Land APPROVED as requested.
�3
5
GREGORY LEACH, APPLICANT/LEACH PROPERTIES LLC, REPUTED OWNER - 1834
NYS Route 13 - TM #77.00-13-11.00 - (Re Conditional Permit Request for Drive-Thru
Addition to Existing Building) - The Town of Cortlandville Planning Board ADOPTS findings
of the Conditional Permit, as follows: 1.78-75 (A): (1)The proposed use is a permitted use
and thus appears appropriate for the area. Considering the other uses in the area, this use
produces no conflict; (2) Based upon the expertise of the Zoning Officer and Counsel, we
find that compliance has been achieved; (3) Given the character of the general
neighborhood, compatibility has been demonstrated; (4) This consideration is found to be
inapplicable to the present application; (5) This consideration is found to be inapplicable to
the present application; (6) This application is limited to a 3.1 -acre parcel. No plans for
expansion or revision have been submitted; Access to the parcel in question from a second
parcel located south of the subject parcel has been prohibited. Any consideration of
possible expansion or revision would be speculation and the Board finds that to act upon
speculation is beyond the scope of its authority; (7) There is no use of other premises
allowed, thus vehicular traffic is not affected in a detrimental manner and safe management
of such traffic has been demonstrated by the limiting of such traffic to the 3.1=acre parcel
which is the subject of this application; (8) Based upon the details of the present application,
the Board finds that pedestrian traffic is: not a concern; and (9) Considering the nature of the
surrounding area and uses, this project does not result in the diminution of the value or
character of other premises and enhancement is not an issue.
§178-75 (B): (1) Upon review, the Board finds the application to be consistent with the
"general intent" of both the Town's Land Use Law and Aquifer Protection Plans; (2) The
Board, based upon its experience and familiarity with the area and considering the expertise
of the Zoning Officer and Counsel, finds the application is in conformity with the
requirements of the applicable provisions of the Town's regulations and ordinances; (3)The
application to construct a drive-thru structure provides no threat to the sole source aquifer or
the wellhead infrastructure; (4) The Board finds no detriment to the Town or public welfare in
this limited application; (5) This is a limited application and, as such, it is found to be suitable
for the area after considering the requirements of the applicable sections of the Code; and
(6) It is found that this application causes no effect or detriment to highway traffic and safety.
�3
NO
(T)Cortlandville Planning Board discussed (1) Solar Committee, (2) Cortlandville Sand &
ACTIONS
Gravel, and (3) Economy Paving/Hillside/Barden matters.
TAKEN
Joaip.` Fitch, Board Secretary
Emailed copy to: Kristen, Bd. Members, JBF, DD, BW, KM & DC on 2/1/18. JEF
INDEX OF ACTIONS - 201.8
(T)CORTLANDVILLE-PLANNING BOARD
;MEETINGAC
1
PAGE
,TION
DATE
' NO.
I DESCRIPTION . I
NO.
3/6/18 .6'
APPROVED MINUTES. OF 30 JANUARY 2018 PLANNING BOARD MEETING, as
submitted.
8
7
PROP, INC., APPLICANT/REPUTED OWNER - 3877 Luker Road - TM #86.17-01-01.000 -
Conditional Permit for proposed Cold Storage Warehouse & Utility Building APPROVED as
requested, with a recommendation to the Town Board that they issue an Aquifer
S
Protection District Special Permit and act as Lead Agency under SEQRA.
8
DAVID YAMAN, APPLICANT/CORTLAND .COMMERCE CENTER, LLC, REPUTED
OWNER - 850'Lime Hollow Road°- TM #s 95.:00-10-01.000 & 02.000 - Conditional Permit
-SF
d
Lot Line Adjustment APPROVED for proposed 35,000 medical manufacturing facility, as
requested.
9
DAVID YAMAN, APPLICANT/CORTLAND - COMMERCE' CENTER, LLC, .- REPUTED
OWNER - 850 Lime Hollow Road- TM #s 95.00-10-01.000 & 02.000 - Town of Cortlandville
Planning Board recommends to the Town Board ,that they issue an Aquifer Protection
09
Special District Permit to the applicant, as requested, for aproposed 35,000 SF medical
manufacturing facility, and that the Town Board make a determination as to who will act
as Lead Agency under SEQRA.
10
GREGORY LEACH, APPLICANT/LEACH PROPERTIES LLC, REPUTED OWNER : 1834
NYS Route 13:- TM #77.00-13-11.00 - Review bf.Conditiohal Permit Approval for proposed
10.
addition to:existing building POSTPONED by Board to 27 March 201.8 meeting at request of
Town Attorney.
11
CHANGE OF ZONE REQUEST FROM TOWN BOARD = NYS Route 13 (Tompkins Street)
`Parcels -The Cortlandville Planning Board recommends: to the Town Board that they NOT
GRANT the Proposed Zoning Change for. all of the reasons specified in th_ a written letters
_ I
and memos, as well as any other materials submitted.
12
UCK THREE, LLC, APPLICANT/REPUTED OWNER - 3861" NYS Route 281 - TM #86.17-
01-11.100- Revised= Lighting Plan for proposed exterior improvements APPROVED, as
requested, with exterior lighting to be minimized within two hours after closing.
13
ROUTE 13 ROCKS.; LLC, APPLICANT/CHRISTQPHER HENRY HOLDINGS, LLC,
REPUTED OWNER.(dba Cortlandville Sand & Gravel):- 765 NYS_Route13 -.TM #105.00-
03-06.200 . - The Cortlandville.. Planning Board SUPPORTS. the: Town Board's
3
correspondence to officials regarding -the applicant's request for a' Conditional_Perrnit to
modify its mine area and asks that our concerns be included in the letter.
14 .
.LEONIDAS .GROUP OF VIRGIL LLC,.APPLICANT/REPUTED OWNER Starr.Road - TM
#96:10-01-19.100 -Application for Site Plan Approval for multi=family residential PUD SENT
I
..TO CORTLAND CO. PLANNING -DEPARTMENT for their review.
Joa itch, Board Secrelfary
Emailed copy to: Kristen, d.: Members, JBF, DD, BW, KM & DC; on 3/7/18.. JEF
1
INDEX OF ACTIONS - 2018
(T)CORTLANDVILLE PLANNING BOARD
MEETING
ACTION
-
PAGE
DATE
NO.
DESCRIPTION
NO.
3/27/18 -15.
APPROVED MINUTES OF.6 MARCH 2018 PLANNING BOARD MEETING MINUTES, as
-Submitted.
16
GREGORY LEACH, APPLICANT/LEACH PROPERTIES LLC, REPUTED OWNER - 1834
NYS` Route 13 - TM- #77.00-13-11.00 - The' Town, of Cortlandville Planning Board
APPROVES -the 21 March 2018 Memorandum prepared by Town Attorney John Folmer, as
amended, regarding the SEQR Review of the Conditional Permit Approval -for proposed
addition to an existing'building.
17
LEONIDAS GROUP OF VIRGIL LLC, APPLICANT/REPUTED OWNER - Starr Road - TM
- #96.10-01-19.100_ - Regarding this application for a multi -family residential PUD, (1) all
..
materials shall be submitted to Clough Harbour for their review, similar to:what was done
on 15 March 2016 for a previous application, (2) formal responses, in: writing, shall be
- ,
submitted 'to the Town Planning .Board ' by the applicant relative to the . fifteen
recommendations of the, Cortland County. Planning ,Department report, and (3) the
Homeowner's Association Contract, specific .to this project, shall be submitted. to the Town
.
Planning -Board.
ap
NO:ACTION
:JOHN DeIVECCHIO, APPLICANT/DeIVECCHIO FAMILY, LLC, REPUTED OWNER - 1703
REQUIRED
NYS Route 13 - TM -#77.17-01-08.200 -'Applications for Subdivision: and Site Plan Approval
WITHDRAWN by -applicant.
17
.'18
CORTLAND FIRE DISTRICT,,APPLICANT/REPUTED OWNER - 999 NYS Route 13 - TM
-
#96.09-02=05.000 ,- Applications•for Subdivision, Conditional :Permit & Aquifer Protection
-
District"Special Permit for proposed Live Fire. Training Facility SENT TO THE CORTLAND
COUNTY PLANNING DEPARTMENT for their review.
%
Joa itch, Board Secretary
Emailed copy to:; Kristen; d. Members; JBF, DD, BW, KM & DC on 3/28/18. JEF
INDEX OF ACTIONS - 2018
(T)CORTLANDVILLE PLANNING BOARD
MEETING 1 ACTION
PAGE
DATE I NO.
DESCRIPTION I
NO.
4/24/18 19
APPROVED MINUTES OF 27 MARCH 2018 PLANNING BOARD MEETING MINUTES, as
submitted.
20
CORTLAND FIRE DISTRICT, APPLICANT/REPUTED OWNER - 999 NYS Route 13 - TM
#96.09-02-05.000 - Subdivision of Land APPROVED, as requested.
.14
21
CORTLAND FIRE DISTRICT, APPLICANT/REPUTED OWNER - 999 NYS Route 13 - TM
#96.09-02-05.000 - Conditional Permit for proposed Live Fire Training Facility APPROVED
as requested, and incorporating Items 1, 2, and 3 of the Cortland County Planning Board's
Resolution No. 18-15 of 4/18/2018, and with a recommendation to the Town Board that they
issue an Aquifer Protection District Special Permit -and act as Lead Agency under
SEQRA.
19
22
SOLAR ZONING TEXT AMENDMENT - The Town of Cortlandville Planning Board
recommends to the Town Board that they adopt the Solar Zoning Text Amendment.
96
23
JOHN DeIVECCHIO, APPLICANT/REPUTED OWNER - 1709 NYS Route 13 - TM #77.17-
01-06.000 - Lot Line Adjustment APPROVED, as requested.
24
LUKE BURHANS, APPLICANT/REPUTED OWNER - 3827 US Route 11 - TM #87.04-01-
16.000 - Based on the information and analysis of the SEQR concerning this application for
a Conditional Permit for a proposed addition, 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.
25
LUKE BURHANS, APPLICANT/REPUTED OWNER - 3827 US Route 11 - TM #87.04-01-
16.000 - Conditional Permit for a proposed addition APPROVED, as requested.
�l
26
SUN AUTO WAREHOUSE OF CORTLAND, APPLICANT/U2-ENTERPRISES, REPUTED
OWNER - 3699 Luker Road - TM #95.00-05-05.110 - Conditional Permit for car storage
APPROVED, as requested.
Joa- itch, Board Secref ry
Emailed copy to: Kristen, d. Members, JBF, DD, BW, KM & DC on 4/25/18. JEF
1
INDEX OF ACTIONS - 2018
(T)CORTLANDVILLE PLANNING BOARD
MEETING I ACTION
DATE NO. DESCRIPTION
i
6/26/18 27 APPROVED MINUTES OF 24 APRIL 2018 PLANNING BOARD MEETING MINUTES, as
submitted.
40
NO ANTHONY J. & PATRICIA J. DiGIOVANNA, APPLICANTS/REPUTED OWNERS -
ACTION Northway Drive - TM #85.16-03-06.000 - Application for Subdivision of Land WITHDRAWN
TAKEN by applicants.
28 JB SMITH HEATING & AIR CONDITIONING, APPLICANT/SCOTT M. SMITH, REPUTED
OWNER - 730 NYS Route 13 - TM #105.00-03-09.000 Conditional Permit APPROVED for
new 30,000 -gallon LPG tank, as requested.
29 DENNIS REW, APPLICANT/DENNIS W. & PATRICIA D. REW, REPUTED OWNERS -
1065 Gallagher Road - TM #106.00-09-19.000 - Lot Line Adjustment APPROVED, as
requested.
30 EMMANUEL POTHOS, APPLICANT/DOUGLAS & DEBORAH STALEY, REPUTED
OWNERS - Weaver Road - TM #87.00-05-11.000 - Request for Change of Zone from
Agriculture to B-3 SENT TO CORTLAND COUNTY PLANNING for their review.
Joaitch, Boa dSeeteaj
Emailed copy to: Kristen, Bd. embers, JBF, DD, BW, KM & DC on 6/28/18. (Rev. #27 on
7/11/18) JEF
1
PAGE
NO.
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P4
INDEX OF ACTIONS - 2018
(T)CORTLANDVILLE PLANNING BOARD
MEETING
ACTION
1 ' DATE
I
PAGE
NO.
DESCRIPTION
NO.
7/31/18 31
APPROVED MINUTES OF 26 JUNE 2018 PLANNING BOARD MEETING MINUTES, as
submitted.
a�
NO ACTION
LEONIDAS GROUP OF VIRGIL, LLC, APPLICANT/REPUTED OWNER - So. Side of Starr
TAKEN
Road - TM #96.10-01-19.100 - Site Plan Approval/PUD.
9_1
32
EMMANUEL POTHOS, APPLICANT/REPUTED OWNER - Weaver Road - TM #87.00-05-
11.000 - The M Cortlandville Planning Board RECOMMENDS to the Town Board that they
change the Zoning District of this parcel from Agriculture to B-3, and incorporate the
recommendations of the Cortland County Planning Board contained in their Resolution No.
18-24 of 7/18/18.
G
a� b
33
DANIEL HORN, APPLICANT/REPUTED OWNER - 922-924 Blue Creek Road - TM #85.00-
08-16.000 - Site Plan APPROVED, as requested.
'
1
�A
34
GRACE CHRISTIAN FELLOWSHOP, APPLICANT/FIRST BAPTIST CHURCH OF HOMER,
REPUTED OWNER - 1250 Fisher Avenue - TM #76.18-01-26.200 - Conditional Permit
APPROVED for proposed school-age after-school program, as requested.
Joa itch, Boa�d'Secre ary
Emailed copy to: Kristen, Bd. Members, JBF, DD, BW, KM & DC on 8/2/18. JEF
1
{ ,MEETING
DATE
8/28/18
INDEX OF ACTIONS - 2018
(T)CORTLANDVILLE PLANNING BOARD
ACTION
I
PAGE
NO.
DESCRIPTION
NO.
35
APPROVED MINUTES OF 31 JULY 2018 PLANNING BOARD MEETING MINUTES, as
submitted.
J
NO ACTION
LEONIDAS GROUP OF VIRGIL, LLC, APPLICANT/REPUTED OWNER-- So. Side of Starr
TAKEN
Road - TM #96.10-01-19.100 - Public Hearing set for 25 September 2018 at 7:30 p.m. for
Site Plan Approval/PUD.
36
HOLMES•KING-KALLQUIST & ASSOCIATES, ARCHITECTS, LLP, APPLICANT/YMCA OF
CORTLAND NY, REPUTED OWNER - 1318 Carroll Street - TM #76.19-01-30.200 -
Conditional Permit application for proposed parking lot/stormwater system SENT TO THE
CORTLAND COUNTY PLANNING DEPARTMENT for their review.
3-3
37
HOLMES•KING•KALLQUIST & ASSOCIATES, ARCHITECTS, LLP, APPLICANTNMCA OF
CORTLAND NY, REPUTED OWNER - 1318 Carroll Street - TM #76.19-01-30.200 - The
Town of Cortlandville Planning Board will act as Lead Agency under SEQRA for proposed
parking Iot/stormwater system.
38
GINA GAMMAGE-SIKORA & ROBERT SIKORA, APPLICANTS/JOHN SIKORA,
REPUTED OWNER - 1010 McLean Road - TM #96.09-02-25.000 - Conditional
Permit APPROVED for home occupation as an art studio.
32
J
NO
O'REILLY AUTO ENTERPRISES, LLC, APPLICANT/JOHN G. MAY, REPUTED OWNER -
ACTION
3554 West Road (NYS Route 281) - TM #95.16-01-17.100 - SKETCH PLAN
TAKEN
CONFERENCE HELD - Proposed automotive parts retail building.
3
39
JOHN R. CONGDON, APPLICANT/JOHN R. & CHERI L. CONGDON, REPUTED
OWNERS - 3709 Luker Road - TM #95.08-01-14.000 - Conditional Permit APPROVED for
proposed used auto sales office, with a maximum of five (5) roadworthy vehicles to be
displayed, as requested.
3�
Joa itch, Board&Secretary
Emailed copy to: KristenI d. Members, JBF, DD, BW, KM & DC on 8/30/18. JEF
INDEX OF ACTIONS - 2018
(T)CORTLANDVILLE PLANNING BOARD
�'IIEETING
�ACTION
I
PAGE
DATE NO.
DESCRIPTION
NO.
9/25/18 40
LEONIDAS GROUP OF VIRGIL, LLC, APPLICANT/REPUTED OWNER - So. Side
of Starr Road - TM #96.10-01-19.100 - Cortlandville Town Planning Board
CANCELS Public Hearing.
41
LEONIDAS GROUP OF VIRGIL, LLC, APPLICANT/REPUTED OWNER - So. Side
of Starr Road - TM #96.10-01-19.100 - Continued review of Site Plan (PUD)
POSTPONED.
NO
HOLM ES -KI NG-KALLQUIST & ASSOCIATES, ARCHITECTS, LLP,
ACTION
APPLICANT/YMCA OF CORTLAND NY, REPUTED OWNER - 1318 Carroll Street
TAKEN
- TM #76.19-01-30.200 - Conditional Permit & Lot Line Adjustment. Awaiting
additional information.
42
SUZETTE PACE, APPLICANT/REPUTED OWNER - 320 Tompkins Street - TM
#96.09-02-32.000 - Site Plan APPROVED for proposed business, as requested.
43
SQUEAKY CLEAN CAR WASH, APPLICANT/MY RYAN, LLC, REPUTED
OWNER - 1081 NYS Route 222 - TM #86.13-01-30.000 - Conditional Permit for
installation of vacuums APPROVED, as requested.
�A
44
CHRIS CARLSON, APPLICANT/WAL-MART STORES EAST, LP - 819 Bennie
Road - TM #105.00-02-07.000 - Site Plan APPROVED for new exterior color
scheme, as requested.
45
JOE REAGAN/SCOTT STEVE, APPLICANTS/3901 NYS ROUTE 281, LLC,
REPUTED OWNER - 3901 NYS Route 281 - TM #86.17-01-02.111 - Conditional
Permit APPROVED for addition on north side of building, as requested.
�9
46
MICHAEL K. BARYLSKI & DENISE D. KNIGHT, APPLICANTS/REPUTED
OWNERS - 4300 Hobart Hill Road - TM #88.00-01-04.112 - Subdivision of Land
APPROVED, as requested.
�q
47
ROBERT BEARD, APPLICANT/REPUTED OWNER - 3624 Glenwood Avenue -
TM #96.09-03-06.000 - Site Plan APPROVED for temporary steel building on
gravel pad, as requested.
Joa itch,ecrMi
�Board Sry
Emailed copy to: Kristen, d. Members, JBF, DD, BW, KM & DC on 9/26/18. JEF
1
INDEX OF ACTIONS - 2018
(T)CORTLANDVILLE PLANNING BOARD
-MEETING 1 ACTION PAGE
r DATE I NO. DESCRIPTION I NO.
10/30/18 48 APPROVED MINUTES OF 28 AUGUST & 25 SEPTEMBER 2018 PLANNING BOARD
MEETING MINUTES, as submitted.
ul
NO ACTION SQUEAKY CLEAN CAR WASH, APPLICANT/WASHING TECHNOLOGIES, LLC,
TAKEN REPUTED OWNER - 1087 NYS Route 222 - TM #86.13-01-29.000 - Conditional Permit &
Aquifer Protection District Special Permit for new car wash tunnel POSTPONED at request
of applicant.
49 LEONIDAS GROUP OF VIRGIL, LLC, APPLICANT/REPUTED OWNER - So. Side of Starr
Road - TM #96.10-01-19.100 -The Cortlandville Planning Board requests that the
applicant/reputed owner complete/submit the Full Environmental Assessment Form for
the proposed Starr Road Residential Development.
50 LEONIDAS GROUP OF VIRGIL, LLC, APPLICANT/REPUTED OWNER - So. Side of Starr
Road - TM #96.10-01-19:100 - The Town of Cortlandville Planning Board sets a Public
Hearing for 27 November 2018, 7:30 p.m., regarding proposed Starr Road Residential
Development. I G�
`-
Joa . itch, Board Secret ry
Emailed copy to: Kristen, d. Members, JBF, DD, BW, KM & DC on 10/30/18. JEF
1
INDEX OF ACTIONS - 2018
(T)CORTLANDVILLE,PLANNING BOARD
ACTION
PAGE
.METING
DATNI
O.
DESCRIPTION ,
I i
NO.
11/27/18 51
APPROVED MINUTES OF 30 OCTOBER 2018 PLANNING BOARD MEETING MINUTES,
as submitted
52
HOLM ES -KI NG•KALLQUISTA ASSOCIATES, ARCHITECTS, LLP, APPLICANT/YMCA OF 1
CORTLAND NY, REPUTED OWNER - 1318 Carroll Street - TM #76.19-01-30.200 -
(T)Cortlandville Planning Board will proceed with Short Environmental Assessment
under SEQRA.
53
HOLMES•KING•KALLQUIST & ASSOCIATES, ARCHITECTS, LLP, APPLICANT/YMCA OF
CORTLAND NY, REPUTED OWNER - 1318 Carroll Street - TM #76.19-01-30.200 - Based
on the information and analysis of the SEQR concerning this application for a Conditional
Permit and a Lot Line Adjustment, the Town of Cortlandville Planning Board has determined
that the proposed action will not produce any significant adverse environmental impact,
resulting in a Conditional Negative Declaration, conditioned upon approval by
Cortland County Soil. & Water.
54
HOLM ES -KI NG•KALLQUIST & ASSOCIATES, ARCHITECTS, LLP, APPLICANT/YMCA OF
CORTLAND NY, REPUTED OWNER - 1318 Carroll Street - TM #76.19-01-30.200 - Lot
Line Adjustment APPROVED, as requested.
u
55..
HOLMES•KING•KALLQUIST & ASSOCIATES, ARCHITECTS, LLP, APPLICANT/YMCA OF
CORTLAND NY, REPUTED OWNER - 1318 Carroll Street - TM #76.19-01-30200 -
Conditional Permit APPROVED as requested, incorporating Items 1 & 2 and 5 thru 12 of the
Cortland County Planning Board's Resolution No. 18-35 dated 19 November 2018, and
conditioned upon approval by Cortland County Soil & Water.
-" 56
WILLIAM J. & COLLEEN F. THOMAS, APPLICANTS/REPUTED OWNERS - 4355 Locust
Avenue - TM #76.20-01-01.000 - Lot Line Adjustment APPROVED, as requested.
q%
57
STEVEN WHITE, EXECUTOR, APPLICANT/ESTATE OF RUSSELL E. WHITE, REPUTED
'
OWNER - 322 McLean Road - TM #95.00-01-23.100 - Lot Line Adjustment APPROVED, as
requested.
58
(T) Cortlandville Planning Board re -schedules its December meeting to 8 January
2019 at 7:30 p.m.
#9
Joa itch; Boi—rd'SC of ry
Emailed copy to: Kristen, (K. Members, JBF, DD, BW, KM & DC on 11/29/18. JEF
1-
F E B 2 2018
TOWN OF CORTLANDVILLE PLANNING BOARD
i� Minutes of Regular Meeting - Tuesday, 30 January 2018 - 7:30 PM
Town Hall Board Room - 3577 Terrace Road - Cortland, NY
Board Members (*absent) Others Present
Katherine Wickwire, Chairperson Bruce Weber, Town Planning/Zoning Officer
Christopher Newell John B. Folmer, Town Attorney
Nicholas Renzi Joan E. Fitch, Board Secretary
John A. DelVecchio John Proud, Town Councilman
Nasrin Parvizi
Anolicants & Public Present
Andrew Porter for Prop, Inc., Applicant; William Baker, Applicant; Gregory Leach, Applicant; David
Yaman, Ann Doyle, Doug Withey, Ronald Denniston, Bernice Potter-Masler, Pamela Jenkins, Barbara
Leach, Andrea Niggli, John Woodward, Matt Steele, Andrea Rankin, John Finn, Paul Pitkin, Charles &
Cheri Sheridan, Gary Baker; Robert Creenan, Cortland Standard Reporter; Sharon Stevans, Volunteer
Videographer for Access TV.
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 DECEMBER 2017
A motion was made by Member Chris Newell to approve the Minutes of the 26 December 2017
Planning Board meeting, as submitted. The motion was seconded by Member Nick Renzi, with the
vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio _
Member Parvizi
Motion carried.
This becomes Action #1 of 2018.
OLD BUSINESS - NONE
NEW BUSINESS
Chance of Zone Request from Town Board
Chair Kathy Wickwire announced that Item #5, Change of Zone Request from Town Board, on the
Agenda was going to be discussed first, as the Planning Board is going to postpone consideration of the
request until more information is available, especially from the Cortland County Planning Department.
Chair Wickwire commented that the Cortland Standard never should have written the article in the
paper on 29 January 2018 and should have consulted with the Town to find out what the purpose of
this meeting was. She advised those present that there will be discussion, probably at the February
meeting, and a public hearing will also be held in the future if it is determined to do so; however, as
advised by PZO Weber, one is not required. The Town Board has referred this request to the Cortland
County Planning Department for their review; PZO Bruce Weber confirmed that County Planning plans
to meet on 13 February, so this Board will have the County's report by the next meeting.
Page 1 of 6
FEB 2 2018
(T) Cortlandville Planning Board Regular Meeting Minutes 30 January 2018
Town Attorney John Folmer, in response to Member Renzi's question, advised that the Change of Zone
request was put on tonight's Agenda so the Board would have it and know that it was there. Member
Renzi commented that "there's nothing there .... no rationale..... no explanation."
No Action Taken.
Prop. Inc.. Applicant/Reputed Owner - 3877 Luker Road - TM #86.17-01-01.000 - Conditional
Permit & Aquifer Protection District Special Permit - Provosed Cold Storaee Warehouse & Utility
Building
Chair Wickwire recognized Andrew Porter, representing the applicant who was seeking a Conditional
Permit and an Aquifer Protection District Special Permit to construct a 12,000 SF Cold Storage
Warehouse and a 2,304 SF Utility Building on the subject parcel as shown on the maps accompanying
the application. Mr. Porter stated they would not be removing any buildings but wanted to construct
"an open storage space, similar to where our last building was... impervious surface." It would be
enclosed on three sides and used "to keep our trucks out of the snow."
Chair Wickwire asked if there would be enough room for fire trucks to maneuver around in there, and
Mr. Porter answered there would be; he showed the plans to the Board which indicated 45± feet between
the buildings. She also told Mr. Porter that it was indicated on his paperwork that there were no
designated Critical Environmental Areas on the proposed construction site; however, there is one close
by at the Water Works.
With no further discussion, a motion was made by Member Newell to forward the Conditional
Permit and Aquifer Protection District applications 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 DelVecchio
Member Parvizi
Motion carried.
This becomes Action #2 of 2018.
David Yaman Realtv Services - Lime Hollow Road - TM #?? - Proposed Medical Manufacturing
Facilitv - Sketch Plan Conference
Chair Wickwire recognized Mr. Yaman who explained to the Board that he had been approached by an
Fortune 500 industry that would like to construct a 35,000 SF medical manufacturing facility on 3.5± -
acres in the Town at the former SCM location, as shown on the "Schematic Site Plan" of 1/5/18 which
accompanied his 23 January 2018 memo to PZO Weber, a copy of which has been placed on file for the
record. The reason the Board members had no other information is because the company approached
Mr. Yaman two weeks ago and wants occupation by 1 October. He stated he would like this forwarded
to the Cortland County Planning Board as soon as possible. Chair Wickwire advised they could do so
once the application is complete. Mr. Yaman stated he already has an engineer and contractor lined up
so will be ready to go "in about five or six days."
A 60 -car parking lot is planned and they will employ more than 40. Access will be at two locations on
Lime Hollow Road. There will be a clean room in the building. The property is properly zoned. Nothing
hazardous will be produced. Shipment will be by tractor trailers.
At the conclusion of Mr. Yaman's explanation, a motion was made by Member Newell to send the
" application to the Cortland County Planning Department for their review when the plans are
complete. The motion was seconded by Member DelVecchio, with the vote recorded as follows:
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(T) Cortlandville Planning Board Regular Meeting Minutes 30 January 2018
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #3 of 2018.
William L. Baker. Avolicant/Reputed Owner - 3840 US Route 11 - TM #108.00-02-14.000 -
Subdivision of Land
(It is noted for the record that Member DelVecchio disclosed that he had represented the applicant in the
past.)
Chair Wickwire recognized Mr. Baker who explained to the Board that he would like to take a 1.77± -acre
parcel out of his 34.56± acres, as shown on the map accompanying the application, as his neighbor
wished to purchase the larger parcel for recreation.
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 Newell, with the vote recorded as
follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #4 of 2018.
Greeory Leach, Applicant/ Leach Properties, LLC, Reputed Owner - 1834 NYS Route 13 - TM
#77.00-13-11.000 - Review Conditional Permit Approval
(Reference is made to the 26 December 2017 Minutes of this Board for additional information. At that
meeting, a proposed set of findings was determined which would be sent to each Board member for their
review and, if satisfactory, to be adopted at this meeting.)
Chair Wickwire announced that the purpose of this Agenda item was "to adopt the findings for a
Conditional Permit." All Board members affirmed they had read them.
Attorney Folmer addressed the Board and reminded them that "this is not an application for a new
Conditional Permit. This is a remain from Judge Cerio as we discussed at your last meeting." He went
on to say that he had prepared from the Board's conversation at the January meeting a "document that
you could use as a guide" to work on for findings. Attorney Folmer stated he also understood that Board
members had received an email from Pamela Jenkins with some suggestions for findings as well, and
they could use whatever findings, or combination thereof, as they so wished.
Chairman Wickwire, referring to the Board's findings compiled at the January meeting pertaining to
Chapter 178. ZONONG, Article XIV. Conditional Permit, §178-75. Structure/use requirements for permit
approval, asked the Board if they saw anything that needed to be changed, corrected, or added to.
Member Renzi mentioned the use variance and Attorney Folmer commented that the "use variance,
when granted, runs with the land and does not require an additional use variance as long as you're
within the other ramifications." He added, "you are not acting on a new request for a variance." It is
noted that Attorney Folmer had researched a case which supported the Town's position, and this
information had been provided to County Planning Director Dineen; PZO Weber commented that Mr.
Dineen's position may now be different from what is contained in the County's report.
Page 3 of 6
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(T) Cortlandville Planning Board Regular Meeting Minutes 30 January 2018
PZO Weber added that the "additional parcel is not part of this application. There's no use on that
additional parcel that is associated with this project. If you go back, it was noted that there would not
{ be a driveway through, so this is entirely on the existing parcel with the existing use. And the use is an
allowed use subject to a Conditional Permit under the Zoning Ordinance in that zoning district."
Member Renzi commented, "so the project is limited to the 3.1 acres that you mention in Item 6?"
Attorney Folmer responded, "That's correct."
Member Renzi asked about the stormwater plan and was advised by PZO Weber that they did not exceed
the criteria in the requirements.
Town Attorney Folmer explained, "In the Judge's Decision, he enjoined Mr. Leach from making any use
of this property until `further Order of the Court.' " The Judge, he stated, indicates that when this
Board indicates its findings and, next month, goes over the SEQRA review, then this information will be
provided to Mr. Leach who can then determine whether or not he wants to submit it to the Court to see
if that would result in a further Order that might lift the Court's prohibition it has put in place.
Attorney Folmer stated that the Judge has also asked that this Board review, or provide him with, more
information regarding their SEQRA review, and he hoped to have the video of the meeting when that was
done.
At the close of this extensive discussion, and upon the Board's review of the proposed findings developed
at their 26 December 2017 meeting, a motion was made by Member Newell that the Town of
Cortlandville Planning Board adopts findings of the Conditional Permit, as follows: §178-75 (A):
(1) The proposed use is a permitted use and thus appears appropriate for the area. Considering the
other uses in the area, this use produces no conflict; (2) Based upon the expertise of the Zoning
Officer and Counsel, we find that compliance.has been achieved; (3) Given the character of the
general neighborhood, compatibility has been demonstrated; (4) This consideration is found to be
inapplicable to the present application; (5) This consideration is found to be inapplicable to the
present application; (6) This application is limited to a 3.1 -acre parcel. No plans for expansion or
revision have been submitted; Access to the parcel in question from a second parcel located
south of the subject parcel has been prohibited. Any consideration of possible expansion or
revision would be speculation and the Board finds that to act upon speculation is beyond the
scope of its authority; (7) There is no use of other premises allowed, thus vehicular traffic is not
affected in a detrimental manner and safe management of such traffic has been demonstrated by
the limiting of such traffic to the 3.1 -acre parcel which is the subject of this application; (8) Based
upon the details of the present application, the Board finds that pedestrian traffic is not a
concern; and (9) Considering the nature of the surrounding area and uses, this project does not
result in the diminution of the value or character of other premises and enhancement is not an
issue. §178-75 (B): (1) Upon review, the Board finds the application to be consistent with the
"general intent" of both the Town's Land Use Law and Aquifer Protection Plans; (2) The Board,
based upon its experience and familiarity with the area and considering the expertise of the
Zoning Officer and Counsel, finds the application is in conformity with the requirements of the
applicable provisions of the Town's regulations and ordinances; (3) The application to construct a
drive-thru structure provides no threat to the sole source aquifer or the wellhead infrastructure;
(4) The Board finds no detriment to the Town or public welfare in this limited application; (5) This
is a limited application and, as such, it is found to be suitable for the area after considering the
requirements of the applicable sections of the Code; and (6) It is found that this application
causes no effect or detriment to highway traffic and safety. The motion was seconded by Member
Parvizi, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
i
This becomes Action #5 of 2018.
Page 4 of 6
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(T) Cortlandville Planning Board Regular Meeting Minutes 30 January 2018
Town Attorney then addressed the Board, "Originally there was discussion about a 14 -acre parcel, and
there has been questions raised as to whether or not we are, in effect, conducting a segmented review
under SEQRA of a project that involves not 3.1 acres but 14. And, in Judge Cerio's Decision he
indicated that that, question should be resolved by you and because he says an argument could be made
on either side. However, according to the DEC in their discussion of segmented review, a segmented
review could even be conducted if the use of any other parcel is speculative and you do not know at the
present time. It is my view that you are perfectly entitled to conduct a review of the 3.1 -acre parcel
because, one, there has been a prohibition against a driveway on the southernmost parcel and,
secondly, that parcel has not been the subject of any use application so you don't know what if any use
that parcel is going to be made. Consequently, I think that you are entitled to determine that this is not
a segmented review of a project. It is a review of a 3.1 -acre parcel. And that's the way it was dealt with
and that's what I would suggest that you include in your Minutes" when SEQRA is discussed next
month.
OTHER DISCUSSION
Solar Committee
Chair Wickwire recognized Planning Board Member Nasrin Parvizi, who also is Chairman of the
Cortlandville Solar Committee who has prepared draft legislation to regulate solar power facilities in the
Town. She advised that the draft will be submitted to Supervisor Dick Tupper for review before putting
it on the Town Board's agenda. She brought the Board up to date on what points were covered in
writing the draft, and answered the Board's questions. The Town currently has a moratorium on all
solar developments until 1 March or upon the adoption of legislation.
Cortlandville Sand & Gravel Mining Permit Request - 765 NYS Route 13 - TM #105.00-03-06.200
PZO Weber commented that the DEC has determined they will be Lead Agency under SEQRA. Town
Attorney Folmer said that the DEC had written a lengthy letter to Cortlandville Sand & Gravel outlining
what they thought were deficiencies in the information they were provided requesting the Permit. Town
Board Member John Proud met with representatives of the DEC and the applicant; information
-requested by the DEC is being produced. Discussion has also been held regarding when the Town
presents their position regarding this request. The proposed mining project is close (700 ft.) to the
Town's well; they are trying to dig below the water level which has never been established. It would also
endanger Lime Hollow, the marl pond, and the rest of the area, all of which will be presented. What the
DEC has asked for from the applicant is extensive and extremely detailed. Chair Wickwire was adamant
that the Town needed to protect the Town's well. It's been made very clear that the Town is opposed to
this proposal because of the threat to their water supply. The idea was posed to contact our State
representatives regarding the Town's concerns—maybe a letter should be drafted. Attorney Folmer will
consult with John Proud to do so.
John Barden & Hillside, LLC (dba Economv Paving) - 1819 NYS Route 13 - TM #77.00-12-07.000
Town Attorney Folmer advised he had received a letter from Economy Paving's attorney who "was
corresponding with the sewer and water people and attempting to indicate to them that, in his opinion,
this was not a full violation issue, but it was a stormwater regulation matter. Mr. Weber and I are of the
opinion that that opinion is incorrect, and I have today drafted a letter . . . to Mr. Neuman who
represents Economy Paving, indicating that one, this is a Code matter because when the Planning Board
revoked the Conditional Permit, Economy is now in violation of the Code by operating without the
appropriate Conditional Permit, that we need a new application for a Conditional Permit documented by
an engineering report which the Soil & Water folks will review to determine whether or not it appears to
have solved the problem and has gotten the system back to where it is supposed to be in the first place."
This letter should go out tomorrow.
Page 5 of 6
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(T) Cortlandville Planning Board Regular Meeting Minutes 30 January 2018 -
Attorney Folmer stated that is his understanding that Economy has re -engineered his system to be back
to the way it's supposed to be and that it is operating appropriately. There's no existing engineering
Sy drawing, which is what Amanda Barber of Soil & Water wants.
Chair Wickwire: asked Attorney Folmer what will happen if Economy Paving continues to "put us off?"
Attorney Folmer advised that they would be taken to court, depending on the answer received. from
Attorney Neuman.
Member Renzi commented that this has been going on a long time and a "due date" should be set forth
in the letter. Chair Wickwire reminded the Board that the subject permit was revoked in September of
2017 and they are still working—without a permit. She agreed that a date should . be established for.
solving the problem; if not accomplished by that date, take them to court. John Barden, who was
present, stated everything has changed on the EP site. Attorney Folmer added, "If they were to apply to
have the Conditional -Permit that was revoked, replaced, . then I think you would have to have an
engineering report that indicates that what he has constructed is the same stormwater plan it approved
when the original permit was approved. Now if, on the other hand, he were to' come in with an
application to approve not only what he had before, but something else, then he would have to provide
whatever stormwater plan would be required for that larger project.
Member DelVecchio assured Mr. Barden -that Attorney Folmer is attempting to get some sort of
compliance through Economy's attorney, which is a.reasonable way to address the long-term problem.
He understood Mr. Barden's problem.
ADJOURNMENT
At 8:55 p.m., a motion to adjournthe meeting was made by Member Newell, seconded by Member
Parvizi, with all: members° present voting in the affirmative.
n E. Fitch, Board Secretary E-mailed to Town Clerk, JBF, PB Members,
DD, BW, KM & DC on.2/11/18.
MAR 1 j 2018
ATTENDANCE SHEET
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MAR 1 9 2018
TOWN OF CORTLANDVILLE PLANNING BOARD
Minutes of Regular. Meeting -Tuesday, 6 March 2018 - 7 PM
Town Hall Board Room - 3577 Terrace Road - Cortland, NY
Board Members (*absent) Others Present
Katherine Wickwire, Chairperson Bruce Weber, Town Planning/Zoning Officer
Christopher Newell John B. Folmer, Town Attorney
Nicholas Renzi Joan E. Fitch, Board Secretary
John A. DelVecchio John Proud, Town Board Member
Nasrin Parvizi
Avvlicants & Public Present
Andrew Porter for Prop; Inc., Applicant; Gregory Leach, Applicant; David Yaman, Applicant; Zach Plonka
for UCK Three, LLC, Applicant; Doug Withey, Ronald Denniston, Attorney William Pomeroy, Pamela
Jenkins, Barbara Leach, Andrea Niggli, John' Woodward, Matt Steele, Andrea Rankin, LaVonne Mack,
Ed Keplinger. -
'REGULAR MEETING
The Regular Meeting of the Town of Cortlandville Planning Board was called to order at 7 p.m. by
Chair Katherine Wickwire.
APPROVAL OF MINUTES - 30 JANUARY 2018,
A motion was made by Member Chris Newell to approve the Minutes of the 30 January 2018
Planning Board meeting, as submitted. The motion was seconded by Member Nick Renzi, with the
vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
OLD BUSINESS
This becomes Action #6 of 2018.
Prop, Inc., Applicant/Revuted Owner - 3877_ -Luker Road - TM #86.17-01-01.000 - Conditional
Permit & Aquifer Protection District Svecial Permit - Provosed Cold Storage Warehouse & Utility
Building
Chair Wickwire recognized Andrew. Porter, representing the applicant who was seeking a Conditional
Permit and an Aquifer Protection District Special Permit to construct a 12,000 SF Cold Storage
Warehouse and a 2,304 SF Utility Building on the subject parcel as shown on the maps accompanying
the application. These applications appeared on the 30 January 2018 Agenda and, at that time, they
were forwarded to County Planning for their review.: Reference, is made to those Minutes for additional
information.
In reference to the County's review,- Chair Wickwire, asked reducing the impervious surface on the lot.
Mr. Porter, who said he had seen the County's reports, stated this had been covered previously; PZO
Weber explained that the. -relevant section of the Stormwater- Regulations does not come into play as it's
still an impervious surface and this is not being increased.
Chair Wickwire then about data to be collected from the monitoring wells; Mr. Porter -responded that
stormwater testing was done on a regular basis;, it's part of the SPDES permit.
Page 1 of 7
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MAR 1 9 2018
(T) Cortlandville Planning Board Regular Meeting Minutes
6 March 2018
At completion of the discussion, a motion was made by Member Newell to approve the Conditional
Permit, as requested, with a recommendation 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 DelVecchio
Member Parvizi
Motion carried.
This becomes Action #7 of 2018.
David Yaman. Applicant/ Cortland Commerce Center. LLC. Reputed Owner - 850 Lime Hollow
Road - TM #s 95.00-10-01.000 & 02.000 - Lot Line Adjustment & Conditional Permit for Proposed
Medical Manufacturing Facilitv
(Reference is made to the 30 January 2018 meeting Minutes for additional information.)
Chair Wickwire recognized Mr. Yaman who submitted drawings to the Board for the proposed 35,000 SF
medical manufacturing facility on 3.5t -acres in the Town at the former SCM location, explained to the
Board at their January meeting. Time is of the essence as the manufacturer would like to occupy the
proposed building in October. County Planning has reviewed what is being proposed and Mr. Yaman
stated adjustments had been made to the drawings based on those. Also, Chair Wickwire stated that
Member Renzi had submitted some comments to the applicant and those, too, had been addressed.
Chair Wickwire commented that she had received a letter (no date) from Garry VanGorder, Executive
Director of the Cortland County Industrial Development Agency, stating that the IDA intends to
designate itself as the Lead Agency under the SEQR process. PZO Weber explained that the Planning
Board could ask the Town Board make a decision as to who shall be Lead Agency. Town Attorney
Folmer advised that at the last meeting of the Town Board it had consented to the IDA acting as Lead
Agency, and he added that he will verify that resolution.
Mr. Yaman introduced Ed Keplinger from the landscape, architecture and land planning firm of
Keplinger Freeman Associates, Syracuse, NY, who displayed a Site Plan to the Board. Parking spaces
would be 10 ft. by 20 ft. and it would be an attractive building. A dumpster enclosure and loading dock
were pointed out, and Mr. Keplinger stated that this plan had been "updated" to meet all Cortlandville
Town Planning and Zoning Codes. Utility connections were completed, a SWPPP and drainage report
has been prepared and submitted to Pat Reidy of County Soil & Water; he has a few minor comments on
this. PZO Weber stated he did receive an email from Mr. Reidy who indicated the project was generally
in compliance and only a few minor details to work out, but it is basically in compliance. Landscaping
had been added on east and north sides of the building, plus site lighting in the parking lot/access
drive. Parking/no parking of trucks was discussed, along with shipments and loading. Member Nasrin
Parvizi asked about tree selection, and runoff around the loading dock.
Chair Wickwire asked what the exterior of the building would look like, and Mr. Yaman responded that
has not been determined yet, but he would most likely be using "some stone on the front, halfway up,
and add some color." He did state that one-half of the blacktop was being eliminated. Member Parvizi
asked about the site lighting and the response was that they would be downward -shining LED lights in
the parking lot.
Chair Wickwire asked Mr. Yaman if he had reviewed the County's report; he had, and had no problem
with the sixteen items contained in the Cortland County Planning Board's Resolution 18-6 of 13
February 2018.
Page 2 of 7
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(T) Cortlandville Planning Board Regular Meeting Minutes 6 March 2018
At the conclusion of the discussion, a motion was made by Member Renzi to approve the Conditional
k Permit and Lot Line Adjustment for the proposed 35,000 SF medical manufacturing facility, 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 DelVecchio
Member" Parvizi
Motion carried.
This becomes Action #8 of 2018.
With no further discussion, a motion was made, by Member Parvizi that the Town of Cortlandville
Planning Board recommends to the Town Board that they issue an Aquifer Protection District
Special Permit to the applicant, as requested, for a 35,000 SF medical manufacturing facility, and
that the Town Board make a determination as to who will act as Lead Agency under SEQRA. The .
motion was seconded by Member John DelVecchio; with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #9 of 2018.
Gregory Leach. Applicant/Leach Proverties.. LLC. Renuted Owner = 1834 NYS Route 13 - TM
#77.00-13-11.000 - Continued Review of Conditional Permit Avvrova .
(Reference is made to the 26 December 2017 and 30 January 2018 Minutes of this Board for additional
information.)
Chair Wickwire announced that the Board had not received enough information to take care of this
matter at this. meeting, but should have what's needed by their next meeting. Town Attorney John
Folmer added that he's been promised that he would have everything by this Board's meeting of 27
March 2018, and asked that the matter be tabled until that time.
A motion was then made by Member DelVecchio that the review of the Conditional Permit
Approval for a proposed addition to an existing building be postponed until the 27 March 2018
meeting of this Board, as requested by the Town Attorney. The motion was seconded by Member
Newell, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #10 of 2018.
Page 3 of 7
MAR 2 n 2018
(T) Cortlandville Planning Board Regular Meeting Minutes 6 March 2018
Change of Zone Request (B2 to B31 from Town Board - Tomv_ kins Street (NYS Route 131 -
Numerous TM Parcels
Chair Kathy Wickwire asked everyone for their written comments regarding this proposed zoning
change; she has received comments from Members Renzi and Parvizi, as well as her own. PZO Weber
stated that he had Members Newell and DelVecchio's. Copies have been placed on file for the record. It
is noted that all comments were in opposition to changing the zone.
Member Renzi read aloud his comments to those present, as follows:
"Tonight we are charged to a make a recommendation to the Cortlandville Town Board
relative to the proposed rezoning of the properties from McLean Road along Route 13 to
the City line from B-2 to B-3, which would basically allow gasoline stations.
Over the last few years the Town Board has, several times, recommended changes to the
Town Code which all had the same objective, to allow gasoline stations over the sole
source aquifer. All of these efforts failed for various reasons.
Finally, possibly out of desperation or frustration, Sonbyrne Sales Inc., aka Byrne Dairy,
formally wrote to the Town Board on November 13, 2017 requesting a zone change from
B-2 to B-3 specifically for the Wilcox Tire property currently owned by the First National
Bank of Dryden.
This request for spot zoning is illegal but the Town Board in December of 2017 in an effort
to assist Sonbyrne in getting approval for a gas station at the Wilcox property generated
the Local Law under currently under discussion. The proposed law would change the
zoning classification from B-2 to B-3 for all of the properties in the area of the Wilcox
property. This in the mind of the Town Board would get away from the illegality of the
spot zoning request made by Sonbyrne while satisfying Sonbyrne's objective of having the
Town Code changed to accommodate their gas station.
Considering the fact that the Town Board has positioned themselves as sponsors of a
zoning change which is "SPOTS" zoning brought about by the one and only request being
from Sonbyrne, and that no other request for rezoning to accommodate gas stations has
been made public, gives me pause as to whether to give this issue any serious
consideration.
The rezoning of an entire area to satisfy Sonbyrne's desire to construct a gas station over
the sole source aquifer is probably illegal but at least morally corrupt.
The proposed zoning change request is inconsistent with the 2002 Land Use and Aquifer
Protection Plan and the County Planning Board's recommendation that the aquifer in the
Town of Cortlandville be designated as a critical environmental area (CEA). The Town
Board has devoted much time addressing the special interests of Byrne Dairy and
ignoring the will of the people of Cortlandville and the importance of protecting our fragile
sole source aquifer.
My recommendation on this matter is for the Town to stop promoting changes to the Town
Code that would increase the threat to our sole source aquifer and to devote serious time
to the development of a new updated Comprehensive Plan, including the analysis of future
drinking water requirements, Town well locations and pumping considerations. Let's stop
trying to spot zone this Town and instead develop a well thought out plan for future smart
development with preservation of the sole source aquifer and the character of our
neighborhoods.
Page 4 of 7
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(T) Cortlandville Planning Board Regular Meeting Minutes . 6 March 2018
j = This is the position of. Nick Renzi, Planning Board Member, and in, noway represents the,
position of the Cortlandville Planning Board."
Member Newell "added that it would also, open - the door for, Storage Squad, who had proposed
construction of many storage units in' a B-2 District adjacent to ' residential section in what he stated
was "the wrong -place at the wrong time." Chair Wickwire added that the B-2 District is supposed to be
a. transitional, area between commercial and residential. B-2 still "needs to be there. She 'felt it would be
a ":terrible precedent" to- set. Chair Wickwire then- reported on an article appearing in the February 20,
2018 of The Post. Standard, regarding a controversial, convenience store/ gas station being constructed in
Onondaga County by Byrne, stating this appeared to be their "modus operandi.". She commented; "you
should never change zoning for one company; it doesn't work and the Town should know that:"
In addition to.Planning Board members, opposition comments, in writing, were also received from: John
Woodward, VP of Village Park Condo Association; the Trianos (sp) of Lamont Circle, Frank Kelly, -Patricia
Roiger, Jill Holl, Pam Jenkins, Ellen Wright, and Susan Fitts. Member Newell added that he had
received three or four in his personal email also. These comments have been placed on file for the
record. Town Attorney John Folmer, commented -that the Town Board needs to receive all of these
written comments and he -would make sure they were submitted to them,. as that Board needs to be
aware of the various comments made. PZO Weber advised that he had copies of all communications and
they would be "copied and -forwarded to the Board."
At the completion of this -lengthy discussion, a motion was made. by Member DelVecchio that the
Cortlandville Planning Board recommendsto the Town Board that they not grant the proposed
zoning change for all of the reasons specified inthe written letters and memos, as well as' any
other materials submitted. The motion was seconded by Member Newell, with the vote recorded
asfollows•
Ayes: Chair Wickwire Nays: None
Member Newell ;
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action # 11 of 2018.
NEw BUSINESS
UCK Three. LLC.. Avnlicarit/Revuted Owner 3861. NYS i'Route 281 - TM -#86.17-01-11.100 -
Conditional Permit - Revised Liehtine Plan
Chair -Wickwire recognized Zack Plonka, representing the applicant who was seeking approval of a
revised lighting plan; which he explained to 'the • Board. The lighting was changed because of
safety/ security, --he said, as there was no lighting at the rear of the- building. Member Renzi asked when
the lights would be' on, and- Mr. Plonka said "10 to. 5, give" and take an hour or two; two-thirds of them,
will be off, enough to keep -security lighting and, safety."
At the conclusion.of this discussion, a motion -was made by,Member Renzi to•approve the revised
lighting plan for the proposed exterior improvements, .as requested, with exterior lighting to be
minimized within two hours after closing. The motion was ,seconded by Member DelVecchio, with
the vote recorded as follows: "
Ayes: Chair' Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member .Parvizi
Motion carried.
Page 5 of 7
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MAR 9 2018.
(T) Cortlandville Planning Board Regular, Meeting Minutes
This becomes'Action #12 of 2018. .
OTHER DISCUSSION
13
6 March 2018
Cortlandville Sand & Gravel Mining Permit Reauest - 765" NYS Route 13 : TM #105.00-03-06.200
Town Attorney Folmer reported that nothing had been. received yet from the NYSDEC in response to the
lengthy request for more specifics in regard to .this matter, and Mr.' Doug Withey has written a letter to
Senator Seward expressing his concerns for this proposed project. Also, Town Board Member John
Proud and the Town Attorney have drafted a letter to Senator Seward and Assembly Representatives
Barbara Lifton and Gary, Finch raising the Town's concerns with proximity to the well and aquifer, etc.
Once approved. by the Board, this letter will be sent out. Chair Wickwire added that the proposed
mining expansion is a "very dangerous situation. Nothing has come to this level of hurting the aquifer
like this gravel mine."
After 'a brief discussion as to what they would like to do, a motion was made by Member Newell that
the Cortlandville Planning Board supports the Town Board's correspondence to officials regarding
the applicant's request for a Conditional Permit to modify its mine area and asks that our
concerns be included in the letter. The motion was seconded by Member Parvizi, with the vote
recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #13 of 2018.
John Barden & Hillside. LLC (dba Economv Paving) - 1819 NYS Route 13 - TM #77.00-12-07.000
Town Attorney Folmer advised that -Economy Paving was given until 22 February 2018 to send an
application to revised their permit; they . have not done so. But on the 21 st, he stated the Town had
receive_ d communication -that their engineering plan had 'been submitted to Amanda Barber at County
Water & Sewer; there has. been no report from her as yet. On 5 March 201.8, CEO Desiree Campbell
made an inspection of the property and it appears that "not only do we have the question remaining as
to whether or not the stormwater situation has been solved, but it appears that there is also a structure
located on the property for which does not appear to be any, permit. That changes the context within
which a prosecution for the violation . . ,changes. ." He continued, "I made a proposal toward its
resolve because Mr. Weber'and I agree that in order to satisfy your requirements there needs to be a new
application filed with the Town to establish a Conditional Permit. That's what we've done in the past for
other people who have had their permits revoked. And so,. I have to tell you the matter is still, in my
view in a prosecutorial situation, is still ongoing and may have to be altered given the- information that I
learned yesterday.". In response to Chair Wickwire's -question; Town Attorney Folmer acknowledged he
had received a Memorandum -from Brent Cross, PE, dated 21 February 2018, entitled "Engineer's
Report." Amanda Barber will determine if everything "matched coriformity." -
Town Attorney Folmer concluded that he may=have to file with- the Court.
No Action Taken.
Training' - Chair Wickwire advised- that there was a training session to be held- on March 12th at the
County Office Building; anyone interested should -contact her.
Page 6 of 1
W',R , 0 2018 l`
(T) Cortlandville Planning Board Regular Meeting Minutes 6 March 2018
Leonidas Grouu of Virail. LLC. Auulicant/Rerouted Owner - Starr Road - TM #96.10-01-19.100 -
Site Plan Auuroval for Multi=Familv Residential PUD
PZO Weber reported that' he has received this application for property in a PUD. Originally, when it. was
submitted to County Planning in August of 2015, it was reviewed. He now asked the Board if they,
given the time lapse, wanted it to go back to County -Planning, or did .they feel they had enough
information to proceed without another County Planning review:. A copy of the County Planning Board's
resolution back, then was provided.,to the Board members.
Member Renzi felt that nothing had changed in the design, etc. Chair Wickwire commented that it
wouldn't hurt to send it back.
A ' motion was then made by Member Newell to send the application for. Site Plan Approval. for a
multi -family residential PUD 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 DelVecchio
Member Parvizi
Motion carried.
This becomes Action .# 14 of 2018.
ADJOURNMENT
At 8:15 p.m., a motion -to adjourn the meeting was made by Member Newell; seconded by Member .
Parvizi, with all members present voting in the affirmative.
n E. Fitch; Board Secretary E-mailed to Town Clerk, JBF, PB Members,
DD, BW, KM & DC on 3/17/18.
Page 7 of 7
(T CORTLTNDV.ILLE,
AUG - 1 2011
ATTENDANCE SHEET
tP-LAN-N-1N,G-BOAI'D
MEETING OF: 3� _ _���,,
(Your attendance is recorded in the meeting Minutes.)
hI'NTgbp Name: Representing/ Regarding:
�1n
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PLA14 II iGU1 OI RD -Me -et ng -Only
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APR 5 2018
TOWN OF CORTLANDVILLE PLANNING BOARD -
Minutes of Regular Meeting - Tuesday, 27 March 2018 - 7:30 PM
Town Hall Board Room - 3577 Terrace Road - Cortland, NY
Board Members (*absent) Others Present
Katherine Wickwire, Chairperson Bruce Weber, Town Planning/Zoning Officer
Christopher Newell John B. Folmer, Town Attorney
Nicholas Renzi - Joan E. Fitch, Board Secretary
John A. DelVecchio Doug Withey, Town Board Member
Nasrin Parvizi
Aomlicants & Public Present
Gregory Leach, Applicant; Al Kryger & Tim Buhl, PE, for Leonidas Group of Virgil, LLC, Applicant; Kevin
Whitney for .Cortlandville Fire District, Applicant; Jared Gebsa (??), Courtney. Metcalf, Paul Alteri, .Tony
Cincotta, Larry Biviano, Andrea Niggli, Kevin Pristash, Pamela Jenkins; Sharon Stevans w/ Community
Access TV.
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 — 6 MARCH 2018
A motion was made by Member Chris Newell to approve the Minutes of the 6 March 2018 Planning
Board meeting, as submitted. The. motion was seconded by Member Nasrin Parvizi, with the vote
recorded as follows:
Ayes: Chair Wickwire, Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action # 15 of `2018.
OLD BUSINESS
Gregory Leach. Avvlicant/Leach Proverties. LLC. Revuted Owner - 1834 NYS Route 13 - TM
#77.00-13-11.000 - Continued Review of Negative Declaration (SEOR) & Conditional Permit
Aooroval
(Reference is made to the 26 December 2017, 30 January 2018, and6 March 2018 Minutes of this
Board for additional information.)
Chair Wickwire recognized Town Attorney John Folmer who had prepared and submitted a written
Memo, dated 21 March 2018, to the .Board members for their review and approval pertaining to their,
decision to issue 'a Negative Declaration regarding this matter, as follows:
The Planning Board considered the fact that this application involves a parcel consisting of 3±
acres and does not include the larger parcel situated directly to the south This is confirmed and
is consistent with the comments made by the Cortland County Planning Board. Upon recognition
of this fact, to speculate as. to the future use of the southerly parcel in the absence of an
application is inconsistent with the SEQR requirements. As such, this is not considered . a
segmented review.
With regard to the recommendations made by the County Planning Board, this Board adopts all
of them with the exception of numbers 2, 3, and 4.
Page 1 of 4
A PR 4, 2018 �&
(T) Cortlandville Planning Board Regular Meeting Minutes 27 March 2018
With regard to condition numbers 2 and 3, no Stormwater Management Plan is required as there
' has been insufficient disturbance of the subject parcel as included in this request for permission
to construct a lean-to.
With regard to condition number 4, based upon the advice of Counsel and the Zoning Officer, no
new use variance was required in connection with this application.
The Board has personal knowledge of the surrounding area having dealt with many projects
within that region and, based upon that knowledge, the Board concludes that this proposal is not
incompatible with the general nature of the surrounding area.
Traffic concerns were considered, but were alleviated by the restriction that does not allow
entrance to the subject parcel from the larger parcel to the south
As the Minutes of our meeting of February 21, 2017 indicate, each of the inquiries contained in
Part 2 of the Short Form EAF were read and discussed, with negative responses being received
from the Board unanimously.
Upon review of all aspects of the application, the personal knowledge of the Board members,
including familiarity with the area in question, a review of the report and recommendation of the
County Planning Board, together with the information provided by the Zoning Officer and
Counsel, the Board approved, unanimously, a Negative Declaration with regard to this matter.
Chair Wickwire asked the Board members if there were any additions or corrections they would like
made to Town Attorney Folmer's statement; there were none.
A motion was made by Member Chris Newell that the Town of Cortlandville Planning Board
approves the 21 March 2018 Memo prepared by Town Attorney John Folmer, as above, regarding
the SEQR Review of the Conditional Permit Approval for a proposed addition to an existing
building. The motion was seconded by Member Parvizi, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #16 of 2018.
Town Attorney Folmer then explained to those present that he will now put together a document to
submit to the Court to demonstrate what has been done in response to the Judge's Request for Remand;
whatever action would occur next "is not up to us."
NEW BUSINESS
Leonidas Group of Virgil. LLC. Applicant/Reputed Owner - Starr Road - TM #96.10-01-19.100 -
Conditional Permit - Site Plan Review - Multi -Family Residential PUD
Chair Wickwire recognized the applicant's engineer, Tim Buhl, who explained to the Board that had met
with the Coordinated Review Committee and had gone over the plan, including the stormwater which
had been submitted to the NYSDEC; the applicant has responded to their comments with an updated
set of plans. The concept is the same as this Board had seen before in the PUD application.
Page 2 of 4
APS; 5 2018
(T) Cortlandville Planning Board Regular Meeting Minutes 27 March 2018
Chair Wickwire asked Mr. Buhl if he had seen the County Planning report, and he responded he did.
Chair Wickwire stated there were a lot of items in the County Report that needed a response; the
engineer explained that some had been completed and some are yet to be done.
Chair Wickwire advised that the Board "needs to know what it will look like." She mentioned no buffer
zone was indicated, and a better landscaping was needed. She reviewed the County's comments with
Engineer Buhl, one of them being # 11 on page 11 pertaining to a landlocked property.
Engineer Buhl stated they would be making a response to County Planning's recommendations, and the
Stormwater Pollution Prevention Plan had been submitted to Pat Reidy at County Soil &s Water. PZO
Weber commented that he had not as yet received Mr. Reidy's comments.
Chair Wickwire asked about access to the project 'by emergency services; the Board would like to know
more about this. She then persistently requested to know who Leonidas was; Mr. Kryger responded
there were three individuals—himself, Tom Hatfield, and his brother.
Member Renzi stated that this application/ whole project should be reviewed by the Town's engineering
firm, Clough Harbour & Associates. Responses to the County's recommendations should be made by
the applicant/ engineer, in writing. Member Renzi asked who will be responsible for maintenance of the
stormwater management system? What about ten years from now? Assurance is needed that
everything will be well maintained and not a problem in the future. Provide us with the actual
Homeowner's Agreement for this project, not a sample, he stated. Also, the number of parking spaces
seems insufficient.
At the conclusion of this lengthy discussion, a motion was made by Member Renzi that regarding
this application for a multi -family residential PUD, (1) all materials shall be submitted to Clough
Harbour Associates for their review, similar to what was done on 15 March 2016 for a previous
application, (2) formal responses, in writing, shall be submitted to the Town Planning Board by the
applicant relative to the fifteen recommendations of the Cortland County Planning Department
report, and (3) the Homeowner's Association Contract, specific to this project, shall be submitted
to the Town Planning Board. The motion was seconded by Member Newell, with the vote recorded
as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action # 17 of 2018.
PZO Weber advised the applicant's representatives regarding any charges that may come from Clough
Harbour Associates, that they should contact them.
John DelVecchio. Applicant/DelVecchio Familv. LLC. Reputed Owner - 1703 NYS Route 13 - TM
#77.17-01-08.200 - Request for Subdivision & Site Plan Approval
Chair Wickwire and PZO Weber advised that this application had been withdrawn by the applicant.
No Action Required.
Cortlandville Fire District. Applicant/ Reputed Owner - 999 NYS Route 13 - TM #96.09-02-05.000
- Lot Line Adiustment. Conditional Permit & Aquifer Protection District Special Permit - Proposed
Live Fire Training Tower & Educational Facilitv
Chair Wickwire recognized Kevin Whitney, Chairman of the Board of Fire Commissioners who explained
to the Board what was being proposed for this location, all as set forth in a very detailed, concise
Page 3 of 4
17
(T) Cortlandville Planning Board Regular Meeting Minutes 27 March 2018
application contained in a three-ring binder entitled "Live Fire Training Facility, Cortlandville . Fire
District, March 2018. A copy of this has been placed on file for the record.
Member Renzi asked if this facility used other liquids other than water; Mr. Whitney advised they did
not, and he also explained what happens to the water runoff and what's been burned. He also stated
that the application is being submitted,to Pat Reidy of County Soil & Water. -
In response to Member Renzi's question, Mr. Whitney said that other counties will be using this facility.
A video of the proposed training facility was shown to everyone, with the narrative by Mr. Whitney.
At the conclusion of this discussion/ presentation, a motion was made by Member John DelVecchio to
forward the applications for the Subdivision, Conditional Permit, and Aquifer Protection District
Special Permit for the proposed Live Fire Training Facility 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 DelVecchio
Member Parvizi
Motion carried.
This becomes Action # 18 of 2018.
OTHER MATTERS
• PZO Bruce Weber asked Board members if they had the latest copy of "The 'Short Course," as
published by the NY Planning Federation. He recorded the names of those who did not.
• Chair Wickwire stated the final draft of the Agricultural Farmland Protection Plan was being
provided to all Board Members and that Chapter 3 was to be reviewed for any changes,
comments, etc., to be provided by the April 24th meeting. Copy also available online. Town
Attorney Folmer commented that the first two chapters are historical information; chapters 3
and 4 contain the important part to be reviewed with all comments to be submitted by the Town
to the Department of Ag & Markets by their deadline.
ADJOURNMENT
At 8:05 p.m., a motion to adjourn the meeting was made by Member Newell, seconded by Member
DelVecchio, with all members present voting in the affirmative.
n E. Fitch, Board -Secretary
Page 4 of 4
E-mailed to Town Clerk, JBF, PB Members,
DD, BW, KM & DC on 4/5/18.
0
AUG - 1 2018
ATTENDANCE SHEET
TCORTLAND$V'�ILLE LANNT(NG B�OAIETING QFaE;
(Your attendance is recorded in the meeting Minutes.)
Naine: Representing/ Regarding:' Complete Address:
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MAY 14 2018
TOWN OF CORTLANDVILLE PLANNING BOARD
Minutes of Regular Meeting - Tuesday, 24 April 2018 - 7:30 PM
3 Town Hall Board Room - 3577 Terrace Road - Cortland, NY
Board Members (*absent) Others Present
Katherine Wickwire, Chairperson Bruce Weber, Town Planning/Zoning Officer
Christopher Newell John B. Folmer, Town Attorney
Nicholas Renzi Joan E. Fitch, Board Secretary
John A. DelVecchio
Nasrin Parvizi
J
Applicants & Public Present
Brian Pendell for Cortlandville Fire District, Applicant; Luke Burhans, Applicant; John DelVecchio,
Applicant; Peter Detor(?) for Sun Auto, Applicant; Barb & Greg Leach, Courtney Metcalf, Tony Cincotta,
Larry Biviano.
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 MARCH 2018
A motion was made by Member Chris Newell to approve the Minutes of the 27 March 2018
Planning Board meeting, as submitted. The motion was seconded by Member Nick Renzi, with the
vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #19 of 2018.
OLD BUSINESS
Cortlandville Fire District. Applicant/Reputed Owner - 999 NYS Route 13 - TM #96.09-02-05.000
- Subdivision. Conditional Permit & Aauifer Protection District Special Permit - Proposed Live,
Fire Trainina Tower & Educational Facility
Chair Wickwire recognized Brian Pendell, representing the applicant who was seeking a Subdivision,
Conditional Permit, and an Aquifer Protection District Special Permit for a proposed Live Fire Training
Tower and Educational Facility, all as thoroughly described to the Board at their 27 March 2018
meeting. Reference is made to those Minutes for additional details.
Chair Wickwire asked if the applicant had received a copy of the Cortland County Planning
Department's staff report, and the County Planning Board's Resolution pertaining to this application,
and Mr. Pendell responded that they had. She referred to the "Analysis" in the staff report regarding the
proposed facility "would not use ariy foam or liquid to ignite the fires and the Fire District has prepared
a resolution to be submitted to the Town ..." Mr. Pendell then distributed a copy of the Board of Fire
Commissioners' 17 April 2018 Resolution to the Board, PZO, and Secretary for the record.
Page 1 of 4
MAY i -t 2018-
(T) Cortlandville Planning Board Regular Meeting Minutes 24 April 2018
( With no further questions or discussion, a motion was made by Member Newell to approve .the
Subdivision for the proposed Live Fire Training Facility, as requested. The motion was seconded
by Member Nasrin Parvizi, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #20 of 2018.
A motion was then made by Member Newell to approve the Conditional Permit for the proposed
Live Fire Training Facility, as requested, and incorporating Items 1, 2, and 3 of the Cortland
County Planning Board's Resolution No. 18-15 of 18 April 2018, and with a recommendation 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 Nick Renzi, with the vote recorded
as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi _
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #21 of 2018.
NEW BUSINESS
Solar Zoning Text Amendment
Chair Wickwire commented that the Town is seeking to adopt- a zoning text amendment to incorporate
regulations pertaining to Solar Energy Systems; Board Member Parvizi is a member of the committee
that drafted the proposed amendment. This Board had reviewed the proposed amendment and also the
County Planning Board's comments.
Chair Wickwire thought there had been a mistake(s) in the County Report: on page 2, second line, "is
larger than three thousand acres..." should not be "acres," but feet. The Board agreed. On page 3, b.
i., under Lot Coverage, third line, "mother" should be "other." Other clarifications were made.
At the conclusion of the Board's review, a motion was made by Member Parvizi that the Town of
Cortlandville Planning- Board recommends to the Town Board that they adopt the Solar Zoning
Text Amendment. The motion was seconded by Member Newell, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried,
This becomes Action #22 of 2018.
Board members gratefully acknowledged Member Parvizi's work on this amendment.
I
Page 2 of 4
NAY 1 4 2018
(T) Cortlandville Planning Board Regular Meeting Minutes 24 April 2018
John DelVecchio. Av_ vlicant/Rev_ uted Owner - 1709 NYS Route 13 - TM #77.17-01-06.000 - Lot,
_ Line Adiustment
~ Chair Wickwire recognized the applicant who was seeking a 25 -foot lot line adjustment to install a
'driveway from Route 13 to the his adjacent Tax Map #77.17-01-07.00 in order to preserve the large
maple trees located on the southeast lot line, as shown on the aerial photo accompanying the
application.
With very -little discussion, a motion was made by Member Renzi to approve the Lot Line
Adjustment, as requested. The motion was seconded by Member Newell, with the vote recorded as
follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio Absent: 'Member Parvizi
Motion carried.
This becomes Action #23 of 2018.
Luke Burhans. Avvlicant/Revuted Owner - 3827 US Route 11 - TM #87.04-01-16.000 •
Conditional Permit for Provosed Addition
Chair Wickwire recognized the applicant who explained that he was seeking a Conditional Permit to add
on a 12 ft. by 40 ft. addition to his existing body shop business to be used for "cold storage," as shown
on the map/sketches accompanying the application.
At the conclusion' of a brief discussion, Chair Wickwire read aloud -Part II of the Short, Environmental
Assessment Form.. Negative responses were obtained to all questions in Part II. Therefore, it was
determined by the Planning Board, on a motion made by Member John DelVecchio, that the action,
-based on the information submitted, would not cause any significant adverse environmental
impact, resulting in a Negative Declaration. The motion was seconded by Member Newell, with
the vote recorded as follows:
Ayes: Chair Wickwire . Nays: None
Member Newell
Member Renzi
Member DelVecchio Absent: Member Parvizi
Motion carried.
This becomes Action #24 of 2018.
With no further discussion, a motion was made by Member Newell to approve the Conditional
Permit, as requested. The motion was seconded by Member DelVecchio, with -the vote recorded as
follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio Absent: Member Parvizi
Motion carried.
This becomes Action 425 of 2017.
J
Page 3 of 4
—I
MAY 14 2018 -
M Cortlandville Planning' Board Regular Meeting Minutes J: 24 April 2018
Sun Auto Warehouse of Cortland. Avulicant/U2 Enterurises. Ren_ uted Owner - 3699 Luker -Road -
TM #95.00-05-05.110 - Conditional Permit for Car Storage
4 Chair Wickwire recognized. Peter Detor, General Manager of Suri Auto Warehouse of Cortland, who
explained that. he was seeking a Conditional Permit to park, the business' additional inventory at this
location from 24 April thru 30 June 2018 for storage only. ,The number of vehicles will fluctuate, but,
will not exceed 30.
With no further discussion, a motion was made by Member: Newell_ to approve the Conditional
Permit for car: storage,: 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'DelVecchio Absent: Member Parvizi
Motion'carried.
This becomes Action #26 of 2017.
OTHER :MATTERS
Board Member Newell commented on 15 pieces of equipment 'for sale- on a property (McLean
Road/Fairview area). PZO Weber advised him to call the Code Office and speak with CEO.
Desiree Campbell regarding. this. Town Attorney-Folmercommented that Cortlandville has been'
dealing with this problem for some time. .
• Chair Wickwire commented about a junk vehicle on McLean Road with the trunk up that's been
there for -years and.is'a health hazard and there's a place on 221 across from the airport that has
garage sale stuff there again.
• Gravel Mine = Attorney Folmer reported that the DEC has -now received a response, a copy of
which is in *the Town Office. The Town has asked to participate in a Coordinated Review with the
DEC when everything is complete. Well have a chance, to "weigh in on it" and Town Board
Member: John Proud will be reviewing the material and make some recommendation to a DEC
representative:
• Economv Paving -'Chair Wickwire asked'the status of the'B'arden/Economy Paving problem, and
: Attorney Folmer advised Economy was still being investigated by,Amanda Barber and himself.
• Art Bell - Attorney Folmer stated 'he had not received an answer to his question from CEO -Kevin .
McMahon. PZO Weber commented he understood there was a Stop,Work Order on the. property
from NYSDEC. A Stormwater Plan has been ' submitted to DEC and reviewed, and DEC . has
requested additional information.. There's, -an: open Building'Permit for storage. building that Mr.
Bell Lias there.
• Chair Wickwire reported there.will'be.a-panel of regional experts that will discuss the importance
of -protecting. local water to be. held 2 p.m.. on April_ 28th at the United Presbyterian .Church, ..
organized by' Indivisibles 'of Cortland County. Open. to the public.. Board .members were
encouraged to attend.
ADJOURNMENT
At 8 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 Clerk; JBF, PB Members,:
DD, BW; KM & DC on 5/13/18.
Page 4 of 4 : -
( k) C.ORTLANDU6LLE�
AUG - 1 2018
ATTENDANCE SHEET
tA!�N•fNG BOARD
MEETING OF.'%
(Your attendance is recorded in the meeting Minutes.)
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PRINTED, Name:
Representing/ Regarding:
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JUL ' 2 2018
TOWN OF CORTLANDVILLE PLANNING BOARD
Minutes of Regular Meeting - Tuesday, 26 June 2018 - 7:30 PM
Town Hall Board Room - 3577 Terrace Road - Cortland, NY
Board Members (*absent) Others Present
Katherine Wickwire, Chairperson Bruce Weber, Town Planning/Zoning Officer
Christopher Newell John B. Folmer, Town Attorney
Nicholas Renzi Joan E. Fitch, Board Secretary
*John A. DelVecchio
Nasrin Parvizi
Applicants & Public Present
Scott Smith for J. B. Smith, Applicant; Dennis Rew, Applicant; John Reynolds.
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 — 24 APRIL 2018
A motion was made by Member Chris Newell to approve the Minutes of the 24 April 2018 Planning
Board meeting, as submitted. The motion was seconded by Member Nick Renzi, with the vote
recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Parvizi Absent: Member DelVecchio
Motion carried.
This becomes Action #27 of 2018.
OLD BUSINESS - NONE
NEW BUSINESS
Anthonv J. & Patricia J. DiGiovanna. Applicants/Reputed Owners - Northwav Drive - Tm #85.16-
03-06.000 - Subdivision of Land
Planning & Zoning Officer Bruce Weber informed the Board that the applicants have asked that their
application be removed from the Agenda.
No Action Taken.
JB Smith Heatine & Air Conditioning, Applicant/ Scott Smith, Reputed Owner - 730 NYS Route 13
- TM #105.00-03-09.000 - Conditional Permit - Additional 30,000 -Gal. Propane Tank
Chair Wickwire recognized the Scott Smith who was seeking a Conditional Permit to add a 30,000 -gallon
propane tank to his facility at this location, as shown on the drawing accompanying the application.
Member Renzi asked him some technical questions which were satisfactorily answered. The Board
discussed a leak detection system with Mr. Smith, shutoff valves, alarms, etc. There is no automatic
shutoff and there is usually no alarm system on propane. Employees receive formal safety training
Page 1 of 3
J U L 1 2 2018
(T) Cortlandville Planning Board Regular Meeting Minutes 26 June 2018
which is documented. This facility has had no safety issues since its inception. Tanks are only filled to
80% capacity. All tanks are certified by the National Board.
At the end of the discussion, a motion was made by Member Renzi to approve the Conditional
Permit for a new 30,000 -gallon LPG tank, 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 Parvizi Absent: Member DelVecchio
Motion carried.
This becomes Action #28 of 2018.
Dennis Rew. Applicant/ Dennis W. & Patricia D. Rew. Reputed Owners - 1065 Gallagher Road - TM
#106.00-09-19.000 - Lot Line Adiustment
Chair Wickwire recognized the applicant who explained that he was seeking approval for a Lot Line
Adjustment as shown on the aerial photo accompanying the application.
Board members felt the request was "straight forward," and saw no problem with it.
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 Parvizi Absent: Member DelVecchio
Motion carried.
This becomes Action #29 of 2017.
Emmanuel Pothos. Aoolicant/Douglas & Deborah Stalev. Reputed Owners - Weaver Road - TM
#87.00-05-11.000 - Request for Change of Zone
PZO Weber explained that this property in Polkville is landlocked, and the applicant would like the
zoning district changed from Agricultural to B-3 which is what the surrounding properties are
designated. The applicant, he explained, plans to request variances from the ZBA to erect a billboard
here. PZO Weber stated that the applicant indicated he had been to the DOT and has received approval
for the billboard(s) as long as the Town has approved same. The application should be forwarded to
County Planning for their review.
With no further discussion, a motion was made by Member Newell to send the application to the
Cortland County Planning Department for their review. The motion was seconded by Member
Parvizi, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member Parvizi Absent: Member DelVecchio
Motion carried.
This becomes Action #30 of 2017.
Page 2 of 3
1
JUL 1 2 2018
(T) Cortlandville Planning Board Regular Meeting Minutes
OTHER MATTERS
26 June 2018
• John Barden - Chair Wickwire stated that Mr. Barden has an engineered drawing he wanted to
submit for the record. No one was aware of this.
• Solar Law - Attorney Folmer stated that today he received a copy of the County Planning Board's
recommendation regarding this law and they recommended that it be approved, as drafted, but
they not approve the supplemental language proposed. Member Parvizi commented about the
waiver provision which was not recommended to be included because the ZBA could grant a
variance. Attorney Folmer commented that the Town Board has not yet seen this
recommendation from the County. A small discussion followed.
• Economv Paving - Attorney Folmer stated he finally, today, reviewed what has transpired
regarding "the interplay of who's to do what to whom with regard to information. He's had a
conference with Kevin McMahon. Economy's attorney, Matt Neuman, plans to file a new
application, but this has not occurred. Matter will be presented to Judge Casullo.
• Gravel Mine - Attorney Folmer reported that he has not heard anything more from the DEC. He
will write a letter to the DEC, etc., indicating that the Town is not in favor of this proposal and
will take all steps against it.
• Economv Paving - Chair Wickwire asked the status of the Barden/Economy Paving problem, and
Attorney Folmer advised Economy was still being investigated by Amanda Barber and himself.
• ProDertv On the Corner (Fairview) - Attorney Folmer stated that a daily calendar is being kept
regarding this property which "has the equipment for sale which quite often gets moved to the
front yard ..." This will determine how many days it will be in the front yard.
• Property Across from Airport (Darling?) - the subject property is less disgraceful than it has been,
although still disgraceful. Sale has been advertised in paper. Tent there, some items covered
with tarp. As long as this is being worked at, CEO Campbell is willing to give them some leeway.
• Code Enforcement - Attorney Folmer advised there were now two full-time CEOs which should
expedite matters and their jobs have been defined as to who's to do what. Member Renzi brought
up the Conditional Permit. Log. No 'one seems to care about this. With nothing being done to
keep the log up to date, the Board Secretary asked if the Board still wanted this log completed
periodically. They do. Chair Wickwire commented that "we can give all the Conditional Permits
they want, with all the recommendations on it, but if they're not going to do it (update it), there's
no point in giving a Conditional Permit if we don't know whether they're doing it or not unless
somebody looks into making sure ..." Attorney Folmer confirmed that "no one is doing it right
now."
ADJOURNMENT
At 8 p.m., a motion to adjourn the meeting was made by Member Newell, seconded by Member Parvizi,
with all members present voting in the affirmative.
r
in . Fitch, Board Secretary
Page 3 of 3
E-mailed to Town Clerk, JBF, PB Members,
DD, BW, KM & DC on 7/11/18.
AUG - 1 2018
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TOWN OF CORTLANDVILLE PLANNING BOARD
Minutes of Regular Meeting - Tuesday, 31 July 2018 - 7:30 PM
Town Hall Board Room - 3577 Terrace Road - Cortland, NY
Board Members (*absent) Others Present
Katherine Wickwire, Chairperson Bruce Weber, Town Planning/Zoning Officer
Christopher Newell John B. Folmer, Town Attorney
Nicholas Renzi Joan E. Fitch, Board Secretary
John A. DelVecchio
Nasrin Parvizi
Applicants & Public Present
Al Kryger & Timothy C. Buhl, PE for Leonidas Group of Virgil, LLC, Applicant; Laura Cassalia for Clough
Harbour Associates; Daniel Horn, Applicant; Andrea Niggli for Grace Christian Fellowship, Applicant;
Greg Leach, Chad Niggli, John Reynolds, Christy Horn.
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 JUNE 2018
A motion was made by Member Chris Newell to approve the Minutes of the 26 June 2018 Planning
Board meeting, as submitted. The motion was seconded by Member Nick Renzi, with the vote
recorded as follows:
i Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #31 of 2018.
OLD BUSINESS
Leonidas Group of Virgil. LLC. Applicant/Reputed Owner - Northwav Drive - South Side of Starr
Road - TM #96.10-01-19.100 - Site Plan Approval/PUD
Chair Wickwire recognized Al Kryger who stated that all the materials had been sent to Clough Harbour
(CHA) who made comments/ recommendations (16 July 2018) and, in return, his engineer, Tim Buhl
responded to CHA in his letter dated 23 July 2018, copies of which had been distributed to the Board.
Mr. Kryger then stated that everything was then "incorporated into that map."
Chair Wickwire acknowledged Member Renzi's comments regarding the applicant's submittal, first by
commenting that the "drawings were exquisite." Those comments by Member Renzi, dated 27 July
2018, have been placed on file for the record. CHA representative, Laura Cassalia, is in the process of
reviewing the new information supplied and how it answers the questions she had.
Engineer Buhl commented that County Soil & Water did their initial review.
_ Member Renzi then reviewed some of his comments. He was concerned with stormwater management,
especially the rain gardens, and thought this should be reviewed by an "expert in stormwater
management" at CHA. Maintenance of the system was of particular concern. Member Nasrin Parvizi
echoed the same concerns in her comments, including underground storage may be needed. She was
also concerned with the proposed homeowner's association. Engineer Buhl responded that there was all
Page 1 of 4
AUG 2 3 2010
SEA
(T) Cortlandville Planning Board Regular Meeting Minutes 31 July 2018
kinds of storage "at the bottom of the hill." Types/sizes of proposed units were discussed, along with
costs for HOA, units, etc.
Member John DelVecchio, Jr. commented that were lots of "ifs" here, and the Planning Board needs to
do "due diligence." Town Attorney John Folmer asked questions about the HOA's by-laws; who is the
sponsor? Sponsor needs to be defined—some way to be identified. Attorney Folmer stated he had
additional questions, and Mr. Kryger responded that he'll have his attorney in Rochester "put something
together." Mr. Kryger explained the difference between a "condo association" and a HOA; the condo
association, he said, is stronger.
Chair Wickwire reiterated her concern with who is going to be taking care of the development, especially
since it's on "such a slope." There are a lot of buildings "on a steep piece of property." Member
DelVecchio thought having the project reviewed by an expert in stormwater management at CHA would
be advantageous. Member Renzi commented that, according to CHA's engineer, Laura Cassalia, CHA
does have a "resident expert in stormwater management systems." He, too, would also like this expert to
review the proposed system. Ms. Cassalia also mentioned there could be some sort of stormwater
maintenance agreement with the Town. She offered to have something in writing for the Board's review
before their next meeting in August.
Member Renzi commented that the "Austrian Pines" indicated on the drawing should be gotten rid of,
and thought that they would have a difficult time renting/ selling units next to the many indicated
"playgrounds" to older renters/ buyers. Emergency access was discussed. Chair Wickwire said that she
would like more information on "renting" of units. Member Renzi wants a letter from CHA's stormwater
"guru" saying that the proposed system is going to work, so "don't worry about it."
No Action Taken.
Emmanuel Pothos. Applicant/Reputed Owner - Weaver Road - TM #87.00-05-11.000 - ChanLye of
Zone Recommendation
Planning & Zoning Officer Bruce Weber informed the Board that they were being asked to make a
recommendation to the Town Board as to whether or not this parcel should be rezoned from Agriculture
to Business, as requested by the applicant.
After a brief discussion, a motion was made by Member DelVecchio that the Town of Cortlandville
Planning Board recommends to the Town Board that they change the Zoning.District of this parcel
from Agriculture to B-3, and incorporate the recommendations of the Cortland County Planning
Board contained in their Resolution No. 18-24 of 7/18/18. The motion was seconded by Member
Newell, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #32 of 2018.
NEW BUSINESS
Daniel Horn, Applicant/Reputed Owner - 922-924 Blue Creek Road - TM #85.00-08-16.000 -
Conditional Permit - Re-Applving for Site Plan Approval
Chair Wickwire recognized the applicant who was seeking Site Plan approval to build two homes and one
garage on this parcel, as shown on the map accompanying the application. The Planning Board had
previously approved this a few years ago, and the first home will be completed this fall, along with the
proposed garage. The narrative accompanying the application explained that the applicant is about
Page 2 of 4
AUG 2 3 2018
(T) Cortlandville Planning Board Regular Meeting Minutes 31 July 2018
ready to submit plans for the second home, but too much time has passed since the initial approval, so
it needs to be re -approved.
J After reviewing the application and attachments, a motion was made by Member Newell to approve
the Site Plan, as requested. The motion was seconded by Member DelVecchio, with the vote
recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #33 of 2018.
Grace Christian Fellowshin. Avvlicant/First Baptist Church of Homer. Revuted Owner - 1250
Fisher Avenue - TM #76.18-01-26.200 - Conditional Permit for Proposed After -School Program
Chair Wickwire recognized Andrea Niggli, representing the applicant who was seeking a Conditional
Permit for a proposed school-age after-school program at this location. A narrative accompanying the
application explained, in detail, what was being proposed. The after-school program will following the
Homer Central School calendar and will operate from 3 p.m. to 6 p.m. on school days. The school will
occupy a portion of the existing building, as shown. Parking is ample.
With no further discussion, a motion was made by Member Newell to approve the Conditional
Permit for the proposed school-age after-school program, as requested. The motion was seconded
by Member Parvizi, with the vote recorded as follows:
/ Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #34 of 2017.
OTHER MATTERS
• Walden Place - PZO Weber reported that they would like to replace a six-foot high fence with an
eight -foot high fence. No one on the Board had any objection.
• 8/28/18 Planning Board Meeting - Chair Wickwire reported there were neighbors interested in
attending this meeting and she wanted to make sure that CHA Engineer Cassalia could attend;
she can. Board members were asked to be there also.
• Starrlite Development/Leonidas - Board members thought a public hearing should be held in
September for this project.
• Economv Paving - Attorney Folmer stated that, as of yesterday, an application had been filed for
a Site Plan Review. He also brought the Board up to date on alleged violations by Economy
Paving, which will be considered by Judge Casullo on 20 August.
• John Barden - Attorney Folmer reported on a suit being brought by Mr. Barden concerning the
_ Town and Economy Paving.
Page 3 of 4
0,
AUG 2 3 2010
(T) Cortlandville Planning Board Regular Meeting Minutes
31 July 2018
ADJOURNMENT
At 8:35 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.
J n E. Fitch, Board Secretary
Page 4 of 4
E-mailed to Town Clerk, JBF, PB Members,
DD, BW, KM & DC on 8/22/18.
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31
TOWN OF CORTLANDVILLE PLANNING BOARD
Minutes of Regular Meeting - Tuesday, 28 August 2018 - 7:30 PM
Town Hall Board Room - 3577 Terrace Road - Cortland, NY
Board Members (*absent) Others Present
Katherine Wickwire, Chairperson Bruce Weber, Town Planning/Zoning Officer
Christopher Newell John B. Folmer, Town Attorney
Nicholas Renzi Joan E. Fitch, Board Secretary
John A. DelVecchio
Nasrin Parvizi
Applicants & Public Present
Al Kryger & Timothy C. Buhl, PE for Leonidas Group of Virgil, LLC, Applicant; Laura Cassalia for Clough
Harbour Associates; Jeff Taw for Cortland YMCA, Applicant; Gina Gammage-Sikora, Applicant; Robert
Osterhoudt for O'Reilly Auto Enterprises, Applicant; Richard Small for Economy Paving, Applicant; John
Congdon, Applicant; Al Kryger & Tim Buhl for Leonidas, Applicant; Pam Jenkins, Joe Gigliuto, John
Barden, John Reynolds, Kevin Pristash, Jeremy David Heiser(?); Peter Blanchard, Cortland Voice
Reporter; Laura Cassalia of CHA; John Finn.
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 - 31 JULY 2018
A motion was made by Member Chris Newell to approve the Minutes of the 31 July 2018 Planning
Board meeting, as submitted. The motion was seconded by ' Member Nick Renzi, with the vote
recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #35-1 of 2018.
OLD BUSINESS
Leonidas Group of Virgil, LLC, Applicant/Reputed Owner - Northwav Drive - South Side of Starr
Road - TM #96.10-01-19.100 - Site Plan Approval/PUD
(Reference is made to this Board's Minutes of 31 July 2018 for other information regarding this
application.)
Chair Wickwire recognized Tim Buhl, PE, the applicant's engineer who stated that he had received a
letter from the Town's engineering firm, Clough Harbour (CHA), who had reviewed their last submittal.
Chair Wickwire stated there needed to be a public hearing scheduled for September and the Board
would like a full-sized copy of the "absolute final plans" at least two weeks ahead of time.
Page 1 of 5
3131
(T) Cortlandville Planning Board Regular Meeting Minutes
28 August 2018
With no further discussion, a motion was made by Member Newell to set a Public Hearing for 25
September 2018 at 7:30 p.m. for Site Plan Approval/PUD. The motion was seconded by Member
_J Nasrin Parvizi, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #35-2 of 2018.
Board Member Renzi made his comments regarding the CHA letter of 24 August 2018, a copy of which
has been placed on file for the record. Engineer Buhl responded to all of the comments, and Laura
Cassalia of CHA clarified some of the questions Member Renzi had. The Board discussed a Performance
Bond and/or a Maintenance Bond. Member John DelVecchio asked about the Town's special access to
the area. Town Attorney John Folmer responded that "there are certainly requirements that must be
met." Engineer Buhl explained his method of runoff calculations to Member Renzi who then reviewed
his own comments, item by item.
Chair Wickwire asked Engineer Cassalia about the "one-year warranty" mentioned in her letter, and Ms.
Cassalia responded. Chair Wickwire then asked about CHA's hydrologist's review of this project which
had been asked for at the previous Planning Board meeting.
Chair Wickwire mentioned that she saw there was another project in Dryden and was told by Mr. Kryger
that it was a different project, and he is acting as a consultant only. She also asked "who's behind the
subject project?" Leonidas was the answer. Chair Wickwire asked who was building this development,
! and Mr. Kryger stated they did not know as they have not yet gone out to bid. She then asked who was
investing in the subject project who had done this type of work previously? Who's going to be
responsible once it's done? Mr. Kryger responded he had people "who would come in once I have
approval for the project. They won't come in and say they're going to do it until they know there's
approval." Chair Wickwire responded she wanted to know if these "people" are involved in other
complexes like this and what they have done before? Mr. Kryger answered he couldn't provide that yet;
there're several people they are "negotiating with." Then, she replied, give me other projects in which
they had been involved and who they are. "I want to know who is going to be responsible for this project
once it's done," she continued. Engineer Buhl stated that Mr. Kryger did not know yet who "the final
players" are going to be. This concern continued until Mr. Kryger stated that he and Tom Hatfield were
Leonidas Group.
No Action Taken.
Economv Paving Co., Inc., Applicant/ 1657 Hillside, LLC, Reputed Owner - 1819 NYS Route 13 -
TM #77.00-12-07.000 - Site Plan Approval - Reinstatement of 1999 Permitfsl
Chair Wickwire announced that the Board accepted the information provided in their packet; however
the Agenda item (#4) has been pulled, she stated. She advised those present that John Barden was
going to provide more information than what had been provided. Chair Wickwire recognized Mr. Barden
who submitted "a NYSDOT application and what they originally had back in 1999." He also told the
Board that they had the RZ Engineering report for the record. Chair Wickwire stated that the Board had
all of the same information that had been submitted to PZO Weber. PZO Weber stated "it's also on the
website." Mr. Barden also gave each Board member, and its secretary, a flash drive for their use.
However, not everyone wished to put someone's flash drive in their computer; the photos appearing on
r this flash drive were submitted. The flash drive was placed on file for the record.
\�> Town Attorney Folmer then stated "With all due respect I'm advising the Board to have no further
discussion with you on this matter because it is subject to litigation currently on the calendar ..."
Page 2 of 5
3-5
(T) Cortlandville Planning Board Regular Meeting Minutes
28 August 2018
He continued, "I'm not going to discuss as litigated matter in a public forum. On top of that, you
probably shouldn't be talking to this Board without your attorney present, because you are the plaintiff
in an action currently pending.. .
No Action Taken.
Holmes•Kine•Kallauist & Associates, Architects, LLP. Applicant/YMCA of Cortland, NY, Reputed
Owner - 1318 Carroll Street - TM #76.19-01-30.200 - Conditional Permit - Proposed Parking
Lot/Stormwater Svstem
Chair Wickwire recognized Jeff Taw, representing the architectural firm, and Jeremy David Heiser (sp) of
Christopher Community, who are collaborating on an apartment building for the YWCA, located on an
adjacent parcel which is in the City of Cortland. The parking lot and stormwater system fall on this
parcel in the Town of Cortlandville. He noted that the Town will be Lead Agency under SEQRA, and they
have submitted the Long Form EAF paperwork.
City and Town requirements were discussed for parking, which differ. PZO Weber asked the
representatives if the agency they are working with is interested in being Lead Agency under SEQRA
since they had indicated they were very concerned about the process. The representatives responded
they were typically not interested, but they are willing to participate.
Funding is being applied for to complete this project, the representatives stated.
At the close of this brief discussion, a motion was made by Member Newell to send the application
for the proposed parking lot/stormwater system 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 DelVecchio
Member Parvizi
Motion carried.
This becomes Action #36 of 2018.
A motion was then made by Member Newell that the Town of Cortlandville Planning Board will act
as Lead Agency under SEQRA for the proposed parking lot/stormwater system. The motion was
seconded by Member Parvizi, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #37 of 2018.
NEW BUSINESS
Robert & Gina Sikora, Applicants/John P. Sikora, Reputed Owner - 1010 McLean Road - TM
#96.09-02-25.000 - Conditional Permit - Proposed Art Studio
PZO Bruce Weber explained that the Town of Cortlandville Zoning Board of Appeals, ; in their meeting
immediately before this one, supported his interpretation that the proposed art studio/gallery with
public viewings is a retail business.
Page 3 of 5
34
(T) Cortlandville Planning Board Regular Meeting Minutes 28 August 2018
PZO Weber advised that this was "a home occupation for an artist's studio for herself, which is in
compliance with the regulations, subject to a Conditional Permit." She is also requesting additional
r parking on the subject property.
Chair Wickwire recognized Mrs. Sikora who stated her son, John, was the reputed owner of the
property. Member Parvizi asked if there would be any teaching involved, and Mrs. Sikora explained
there was not. She then asked if having a gathering of friends for a "party or to talk about art" would be
allowed; the Board had no objection to this.
A motion was then made by Member DelVecchio to approve the Conditional Permit for a home
occupation as an art studio. The motion was seconded by Member Newell, with the vote recorded
as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #38 of 2018.
O'Reilly Auto Enterprises. LLC. Ani icant/John G. May. Reputed Owner - 3554 West Road INYS
Route 2811 - TM #95.16-01-17.100 - Sketch Plan Conference for Proposed Automotive Parts Retail
Building
Chair Wickwire recognized Robert Osterhoudt of Bohler Engineering, representing the applicant who will
be seeking Site Plan Review to demolish the existing buildings on this 1.03± -acre parcel and redevelop
this site (currently Quick Stop/Quick Stop Redemption Center) by constructing a new 7500± SF single -
story auto parts retail store, all as described in the narrative and drawings accompanying the
application. He stated they were not sure at this time if there is a connection to the public water sewer
system.
Full detailed plans will be provided in the near future. Curb cuts will be reduced from two to just one,
with 23 parking spaces proposed. More green space is proposed along the front of the site. Member
Renzi noted that the spaces should be 10 ft. by 20 ft. and a snow storage area should be shown on the
plan. Also, all stormwater maintenance procedures should be set forth in the Stormwater Management
Plan, plus exterior elevations should be shown (brick exterior). Design Guidelines should be thoroughly
reviewed by the engineer, especially the eight -foot height limitation of a business sign. PZO Weber
explained other signage requirements.
No Action Taken.
John R. Congdon. Applicant/John R. & Cheri L. Congdon, Reputed Owners - 3709 Luker Road -
TM #95.08-01-14.000 - Conditional Permit for Proposed Used Auto Sales Office
Chair Wickwire, recognized the applicant who explained what is being proposed has nothing to do with
the storage facility; this is a different building. He wants to move his used auto sales office to this
location, but it is not intended to be a commercial business. An August 17, 2018 letter to the Town
explains exactly what he plans to do. Mr. Congdon explained that he has a small wholesale operation
buying and selling to dealers in Pennsylvania; occasionally he may display retail vehicles on the site.
NYS requires a car dealer within the State to maintain a sales office/lot in order to have a dealer license.
In addition he has a potential tenant interested in office space for a one-person accounting office, as
described. There would be no modification to the building, lot, etc.
Page 4 of 5
(T) Cortlandville Planning Board Regular Meeting Minutes
28 August 2018
�fJ With no further discussion, a motion was made by Member Renzi to approve the Conditional Permit
V-% for a proposed used auto sales office, with a maximum of five (5) roadworthy vehicles to be
displayed, as requested. The motion was seconded by Member DelVecchio, with the vote recorded
as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #39 of 2017.
• Economv . PavinR . Co., Inc. - Town Attorney John Folmer stated at the same time the
aforementioned application was received, the Town has filed paperwork with the local criminal
court charging Economy with two separate violations of the Code: (1) operating without a permit
and (2) a building being placed on the site without appropriate permit. He summarized process
to date, including lack of communication between Economy, Mr. Compagni, and Stormwater
Management people. Meetings have been scheduled regarding drainage system. Received
communication this morning from Economy's attorney, Matt Neuman, and Attorney Folmer has
agreed to postpone the matter until this Board's next meeting in order to allow County Soil &
Water time to provide this Board with a revised Stormwater Management Plan. Mr. Barden, in.
addition, has instituted a litigation matter; a motion has been made to dismiss that complaint
r and will be returnable before Judge Griffiss (sp) in Binghamton on September 20th. Attorney
- Folmer has asked Attorney Neuman to provide his consent, in writing, to the postponement of
this matter. This ended his update of the matter.
Board Member DelVecchio understood Economy was asking for "recertification of the original Site
Plan." PZO Weber responded that he considered "this a new application." Attorney Folmer
commented that there has been an enlargement of one of the drainage pipes and there will be
no recertification. PZO Weber added that it will be up to this Board to determine if the
application is complete or not.
Starrlite Development/Leonidas - CHA Engineer Laura Cassalia was asked by Chair Wickwire if
the Board was proceeding correctly. Engineer Cassalia responded that it was important for the
Board to see a maintenance agreement. Member Renzi would like to see a complete Stormwater
Management Plan including a Maintenance Plan. Engineer Cassalia stated that their "resident
stormwater expert" Kristy (sp) saw no problem with the Stormwater Management Plan. A third -
party inspection of construction was discussed; this could be made a part of the Board's
approval. Engineer Cassalia responded that there should be someone- onsite all the time, not
just periodically. She also suggested that the developer's engineer "sign off and certify that it
was constructed per the drawings."
ADJOURNMENT
At 9:15 p.m., a motion to adjourn the meeting was made by Member Newell, seconded by Member
Parvizi, with all members present voting in the affirmative.
i
`-- n E. Fitch, Board.Secretary
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E-mailed to Town Clerk, JBF, PB Members,
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Frp 7 n 7ni Q
ATTENDANCE SHEET
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(Your attendance is recorded in the meeting Minutes.)
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OCT 2 9 2018
TOWN OF CORTLANDVILLE PLANNING BOARD
Minutes of Regular Meeting - Tuesday, 25 September 2018 - 7:30 PM
Town Hall Board Room - 3577 Terrace Road - Cortland, NY
Board Members (*absent) Others Present
Katherine Wickwire, Chairperson Bruce Weber, Town Planning/Zoning Officer
Christopher Newell John B. Folmer, Town Attorney
Nicholas Renzi Joan E. Fitch, Board Secretary
John A. DelVecchio
Nasrin Parvizi
Applicants & Public Present
Al Kryger for Leonidas Group of Virgil, LLC, Applicant; Jeff Taw for Cortland YMCA, Applicant; Robert
Beard, Applicant; Gary Sloan for Squeaky Clean Car Wash, Applicant; Suzette Pace, Applicant; Ed
Wilson for Walmart, Applicant; Scott Steve, Applicant; Michael Barylski, Applicant; Pam Jenkins,- Kevin
Pristash, Jeremy David Heiser(?); Laura Cassalia of CHA; John Finn, Mike & Kathleen Reagan, Martin
Wirsig, Sherry Boone, Amy & Matt Hegedus, Barbara Wood, Nancy Heaslip, Toni Williams, Leoleadia &
Daniel Mieras, John & Kathy Dempsey, Tom Crompton & Wife; Teresa Dailey, Gerry Zattoski (?), Tom
Wethje, Jason Schlenker, Ken Woodman.
PUBLIC HEARING
Leonidas Group of Virgil. LLC, Applicant/Reputed Owner - Northwav Drive - South Side of Starr
Road - TM #96.10-01-19.100 - Site Plan Approval/PUD
Chair Kathy Wickwire announced to everyone present that the Public Hearing scheduled for this time
has been cancelled because they needed time to perform a complete workup on this project, making
sure that the Board had received the Final Plan. There is also a question of doing the SEQR, as it had
already been done by the Town Board. However, the Planning Board is of the opinion that they should
also do it; the lawyers are making these decisions. Then, she , stated, they will hold a Public Hearing
when the Final Plan has been received. Right now, they do not have all of the information needed.
A motion was made by Member Chris Newell to cancel the Public Hearing on this matter. The
motion was seconded by Member Nick Renzi, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #40 of 2018.
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.
Page 1 of 5
36
OCT Z 9 1018
(T) Cortlandville Planning Board Regular Meeting Minutes 25 September 2018
OLD BUSINESS
Leonidas Group of Virgil. LLC. Applicant/Reputed Owner - Northwav_ Drive - South Side of Starr
Road - TM #96.10-01-19.100 - Site Plan Approval/PUD
Chair Wickwire announced to everyone present that the Board will be postponing any action on this
application until they are sure they have all of the final documents, sign -offs from Clough Harbour and
County Soil & Water, and a decision from the attorneys regarding SEQRA. There will be a Public
Hearing scheduled in the future. ,
Chair Wickwire then asked Al Kryger if the plan received this past Friday was the final plan, and he
responded that it "should be close to being final" based on if anything further is needed after Clough
Harbour's review. Town Attorney Folmer commented that the Town Board is going to need the Final
Plan also, and a determination will be made as to whether or not a second SEQRA is needed. Engineer
Laura Cassalia of Clough Harbour will talk with Leonidas' engineer, Tim Buhl, to make sure "it's final."
At the conclusion of this brief discussion, a motion was made by Member John DelVecchio to
postpone the continued review of the Site Plan/PUD. The motion was seconded by Member
Newell, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #41 of 2018.
Holmes•King•Kallauist & Associates, Architects, LLP, Applicant/YMCA of Cortland NY, Reputed
Owner - 1318 Carroll Street - TM #76.19-01-30.200 - Conditional Permit & Lot Line Adiustment
Chair Wickwire recognized Jeff Taw who submitted revised plans to everyone. He stated there were
minor revisions since the last submittal, such as change of egress, fire department access changed and
added second gate, setback on east property line was corrected, walkway continued to Carroll Street,
and added a shed in front of the building to accommodate lawn care equipment.
Mr. Taw stated that they have asked for a variance from the City to have less parking spaces than
required (25). He felt this would be sufficient as tenants of the proposed building most likely wouldn't be
driving. Chair Wickwire read from County Planning's report, and Mr. Taw responded. The SWPPP has
already been submitted to County Soil & Water. PZO Weber advised there has been nothing received as
yet from County Soil & Water regarding the stormwater. Lead Agency status was discussed along with
what is lacking at this time. According to Mr. Taw, they should have everything together in time for the
SEQRA. PZO Weber suggested that everything be in order to facilitate the process "all at once." Member
Nasrin Parvizi reminded the applicant that all materials should be submitted ahead of time; she also
asked about a stormwater maintenance plan.
Chair Wickwire then asked Al Kryger if the plan received this past Friday was the final plan, and he
responded that it "should be close to being final" based on if anything further is needed after Clough
Harbour's review. Town Attorney Folmer commented that the Town Board is going to need the Final
Plan also, and a determination will be made as to whether or not a second SEQRA is needed. Engineer
Laura Cassalia of Clough Harbour will talk with Leonidas' engineer, Tim Buhl, to make sure "it's final."
At the conclusion of this brief discussion,
No Action Was Taken.
Page 2 of 5
37
OCT 2 9 2018
(T) Cortlandville Planning Board Regular Meeting Minutes 25 September 2018
NEW BUSINESS
�! J Suzette Pace. Avvlicant/Revuted Owner - 320 Tomu_ kins Street - TM #96.09-02-32.000 - Site Plan
Review - Provosed Business
Chair Wickwire recognized the applicant who was seeking Site Plan approval to operate an audiology and
hearing aid business at this location, as described in the narrative accompanying thee application. PZO
Weber explained that approval was needed from the Board as what was proposed was considered a
change in occupancy.
With no further discussion, a motion was made by Member Newell to approve the Site Plan, as
requested. The motion was seconded by Member DelVecchio, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell,
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #42 of 2018.
Saueakv Clean Car Wash. Avvlicant/Mv Rvan. LLC. Revuted Owner - 1081 NYS Route 222 - TM
#86.13-01-30.000 - Conditional Permit
Chair Wickwire recognized Gary Sloan, representing the applicant who was seeking a Conditional Permit
to replace the vacuums that had to be removed due to the widening of State Routes 222 and 281 at this
corner location. They would like to re -install six of the eight vacuums along the property line as shown
on the map accompanying the application.
After a brief discussion, a motion was made by Member Newell to approve the Conditional Permit
- " for installation of the vacuums, as requested. The motion was seconded by Member Parvizi, with
the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #43 of 2018.
Chris Carlson. Avvlicant/Wal-Mart Stores East. LP, Revuted Owner - 819 Bennie Road - TM
#105.00-02-07.000 - Site Plan Avvroval - New Exterior Color Scheme
Chair Wickwire recognized Ed Wilson, appearing on behalf of the applicant. He explained that Walmart
was seeking approval to repaint the exterior of this store as shown on the elevations accompanying the
application. The Board reviewed the drawings.
Page 3 of 5
35
OCT 2 9 201E
(T) Cortlandville Planning Board Regular Meeting Minutes 25 September 2018
With no further discussion, a motion was made by Member Parvizi to approve the Site Plan for the
i } new color scheme, 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 DelVecchio
Member Parvizi
Motion carried.
This becomes Action #44 of 2018.
Joe Reagan & Scott Steve. Avvlicants/3901 NYS Route 281. LLC. Revuted Owner - 3901 NYS
Route 281 - TM #86.17-01-02.111 - Conditional Permit - Building Addition
Chair Wickwire recognized Scott Steve, representing the owner who was seeking a Conditional Permit to
construct a 20 ft. by 46 ft. addition on the north side of the building, as shown on the drawing
accompanying the application. It will be a steel structure that will match the existing building, and will
be used for "service reception."
With no further discussion, a motion was made by Member Newell to approve the Conditional
Permit for an addition to the north side of the building, as requested. The motion was seconded
by Member DelVecchio, with the vote recorded as follows:
Ayes: Chair Wickwire
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
Nays: None
This becomes Action #45 of 2018.
Michael K. Barvlski & Denise D. Knight. Avvlicants/Revuted Owners - 4300 Hobart Hill Road - TM
#88.00-01-04.112 - Subdivision of Land
Chair Wickwire recognized Mr. Barylski who explained to the Board that he was seeking approval to
subdivide his 82.71± -acre parcel into three lots, as shown on the map/photo accompanying the
application. As explained in the narrative of 13 September 2018, the three parcels created would be: #1
- 5± A.; #2 - 34± A. and #3 - 43.71± A. He stated he was selling the five -acre parcel to his sister.
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 Newell, with the vote recorded as
follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #46 of 2018.
Page 4 of 5
3q
OCT 292018 q10
(T) Cortlandville Planning Board Regular Meeting Minutes 25 September 2018:
Robert Beard Avolicant/Reputed Owner - 3624 Glenwood Avenue - TM #96.09-03-06.000 - Site
Plan Review - Provosed Temvorary Steel Building
Chair Wickwire recognized the applicant who was seeking Site Plan approval to place an 18 ft. by 20 ft.
temporary steel. storage building on a gravel pad, as shown on the photos accompanying the application.
The proposed building would be for the storage of dry goods, as explained on the 18 September 2018
narrative that was also submitted.
With no further discussion, a motion was made by Member Newell to approve the Site Plan for the
temporary steel building on a gravel pad, as requested. The motion was seconded by Member
DelVecchio, with the vote recorded as follows:
Ayes: - Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #47 of 2018.
OTHER MATTERS
• Buraer Kiniz Q. Groton Avenue Plaza - Chair Wickwire commented that there has been a
complaint received from a Glenn Street resident regarding odors emanating from the Burger
King. Member Parvizi stated that the company .could do something about this. PZO Weber
responded that the Town had nothing in their regulations to bring. some kind of action because of
the odor. Maybe the -Board of Health should be contacted.
l •. Gravel Mine - Town Attorney Folmer advised he had received new information regarding this.
• Economv :Paving Co.. Inc. - Town Attorney John 'Folmer brought the Board up to date on this
matter. .
• Solar Law -,Town Attorney Folmer stated that the ' moratorium expires on 21 October; still
working on this.
• Starrlite Development/Leonidas - Town Attorney Folmer brought everyone up to date regarding
the SEQRA process on this matter. Decisions being left up to attorneys.
ADJOURNMENT
At 8:35 p.m., a motion to adjourn the meeting was made - by Member Newell, seconded by Member
Parvizi, with all members present voting in the affirmative.
{
J n E. Fitch, Board Secretary E-mailed to Town Clerk, JBF, PB Members,
DD, BW, KM & DC on 10/28/18.
Page 5 of 5
9 FEB 2 0 2n,19 . a -
ATTENDANCE SHEET
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N O V 19 2010
TOWN OF CORTLANDVILLE PLANNING BOARD
J` Minutes of Regular Meeting - Tuesday, 30 October 2018 - 7:30 PM
Town Hall Board Room - 3577 Terrace Road - Cortland, NY
Board Members (*absent) Others Present
Katherine Wickwire, Chairperson Bruce Weber, Town Planning/Zoning Officer
Christopher Newell John B. Folmer, Town Attorney
Nicholas Renzi Joan E. Fitch, Board Secretary
John A. DelVecchio
Nasrin Parvizi
Applicants & Public Present
Al Kryger for Leonidas Group of Virgil, LLC, Applicant; Kevin Pristash, John Finn, Mike Reagan,
Leoleadia & Daniel Mieras, Teresa Dailey, Geraldine Zattoski, Teresa Dailey, Imaani Rose (?), Lauren
Peters, Julie Noe.
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 — 28 AUGUST & 25 SEPTEMBER 2018
A motion was made by Member Chris Newell to approve the Minutes of the 28 August and 25
September 2018 Planning Board meetings, as submitted. The motion was seconded by Member
John DelVecchio, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #48 of 2018.
NEW BUSINESS
Squeakv Clean Car Wash. Applicant/Washing Technologies. LLC. Reputed Owner - 1087 NYS
Route 222 - TM #86.13-01-29.000 - Conditional & Aquifer Protection District Permits - New Car
Wash Tunnel
PZO Bruce Weber advised everyone present that the applicant had requested that this matter be
postponed in order to give them time to assemble a "more complete application."
No Action Taken.
OLD BUSINESS
Leoriddas Group of Virgil. LLC. Applicant/Reputed Owner - Northwav Drive - South Side of Starr
t Road - TM #96.10-01-19.100 - Site Plan Approval/PUD
`•_ % PZO Weber advised the Board that the applicant had submitted a Short EAF and that Town Attorney
Folm.er had spoken with "a consultant to the Town who advised that the Town Planning Board will need
to do the SEQRA, it's an Unlisted Action and the Short Form is the required form."
Page 1 of 3
ql
NOV 19 2010
(T) Cortlandville Planning Board Regular Meeting Minutes 30 October 2018
In response to Member Nick Renzi's question, PZO Weber explained the environmental assessment
process. The Board will first complete the Short Environmental Assessment Form and arrive at either a
positive or negative declaration which, in turn, would dictate what is next. Attorney Folmer also
commented that the Board could refer to the SEQR documents from the PUD process. He also explained
the role of Clough Harbour Associates in the Board's review, and when to hold a public hearing.
Attorney Folmer cautioned that "one of the things that I think you have to be very careful to do is that
you separate in your review process those elements that have to do with environmental impact and
those that have to do with the approval of the Site Plan, and they could be two distinct things."
Chair Wickwire commented that she would rather have a Long Form. Town Attorney Folmer then read
aloud a portion of an October 24, 2018 letter from an attorney in Rochester, Ms. O'Toole, from the`
Zogden (?) Group, who served as a consultant. A copy of this letter, referencing. the correct SEQR
process for this Board, has been placed on file for the record. Member Renzi requested a copy of this
letter; and also stated he would like a Long Form.
At the conclusion of this discussion, a motion was made by Member Renzi that the Cortlandville
Planning Board requests that the applicant/reputed owner complete/submit the Full
Environmental Assessment Form for the proposed Starr Road Residential Development. The
motion was seconded by Member Newell, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #49 of 2018.
' 1 After a very brief discussion, a motion was made by Member Nasrin Parvizi that the Town of
- ' Cortlandville sets a Public Hearing for 27 November 2018 at 7:30 p.m., regarding the proposed
Starr Road Residential Development. The motion was seconded by Member Newell, with the vote
recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #50 of 2018.
Member Parvizi commented that the applicant's engineer, Timothy Buhl, should be present at the Public
Hearing.
OTHER MATTERS
• Carroll Street Proiect - Chair Wickwire commented she had received a letter regarding this
project. PZO Weber explained an agreement is being worked out between the applicant and
Cortland County Ag regarding access to this project which may change the Site Plan.
• December Meeting - Chair Wickwire mentioned that the December meeting falls on Christmas
Day; a date change will be discussed at the November meeting.
• Gravel Mine - Town Attorney Folmer advised that Town Board Member John Proud has received
the latest information regarding this.
C - ' • Economv Paving Co., Inc. - Town Attorney John Folmer brought the Board up to date on this
matter.
Page 2 of 3
49,
1�9
NOV 19 'W-18
(T) Cortlandville Planning Board Regular Meeting Minutes 30 October 2018
• Training - Chair Wickwire commented that there appears to be no training for Board members
available online. PZO Weber verified this. The lack of available training was discussed.
• Solar Law - Attorney Folmer reported that, at a Special Meeting of the Town Board, the Solar Law
was adopted and will become effective upon filing with the Secretary of State.
ADJOURNMENT
At 8:15 p.m., a motion -to adjourn the meeting was made by Member Newell, seconded by Member
Parvizi, with all members present voting in the affirmative.
in . Fitch, Board Secretary
E-mailed to Town Clerk; JBF, PB Members,
DD, BW, KM & DC on 11/18/18.
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PLANNING BOARD Meeting Only
DEC 0 4 2016
TOWN OF CORTLANDVILLE PLANNING BOARD
Minutes of Regular Meeting - Tuesday, 27 November 2018 - 7:30 PM
Town Hall Board Room - 3577 Terrace Road - Cortland, NY
Board Members (*absent) Others Present
Katherine Wickwire, Chairperson Bruce Weber, Town Planning/Zoning Officer
Christopher Newell John B. Folmer, Town Attorney
Nicholas Renzi Joan E. Fitch, Board Secretary
John A. DelVecchio
Nasrin Parvizi
Avvlicants & Public Present
Timothy Buhl, PE, & Al Kryger for Leonidas Group of Virgil, LLC, Applicant; Jeff Taw & Jeremy David
Heiser(?) for Holmes- King•Kallquist & Assocs., Applicant; Steven White, Applicant; Kevin Pristash,
Kathleen & Mike Reagan, Tom Crompton, Doug Withey, Pam Jenkins, Carol & David Wayman, Jill Holl,
Barbara Wood, Leoleadia & Daniel Mieras, Geraldine Zattoski, Teresa Dailey; Town Councilman John
Proud.
II REGULAR MEETING — PART 111
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 OCTOBER 2018
A motion was made by Member Chris Newell to approve the Minutes of the 30 October 2018
Planning Board meeting, as submitted. The motion was seconded by Member Nick Renzi, with the
vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #51 of 2018.
PUBLIC HEARING
Leonidas Grout) of Virsil. LLC. Avvlicant/Reputed Owner - Northwav Drive - South Side of Starr
Road - TM #96.10-01-19.100 - Site Plan Avvroval/PUD
At 7:31 p.m., Board Secretary Fitch read aloud the Public Hearing notice as published in the
Cortland Standard on 14 November 2018. Proof of Publication has been placed on file for the
record.
Chair Kathy Wickwire asked if there were any comments from the audience; there were, as follows:
Kathleen Reagan - 1181 Starr Road - Lives across from proposed development. Raised family
here. Huge concern is traffic because of number of proposed units. It's bad now and expect
it to get much worse. f Mailbox has been destroyed a few times, cars have had accidents in
front of house w/damage. Lots of mishaps with cars in front of house. Figured vacant land
would be developed eventually, but expected something "quiet and residential." Property deed
Page 1 of 5
(T) Cortlandville Planning Board Regular Meeting Minutes
DEC 0 4 2018 's
27 November 2018
guarantees us "quiet enjoyment." Asking Planning Board to "put yourself in our shoes."
Magnitude of this project is quite overdone. Please consider greater good and the detriment
to our neighborhood.
Michael Reagan - 1181 Starr Road - Lived here since 1992. Reiterated comments of wife,
Kathleen Reagan. Concerned with ponds at bottom of hill and construction traffic. Starr
Road has no good walkways. Road is fourteen feet wide. Concerned with turning traffic.
"Taking your life in your hands now." His home is on private well; concerned that water
quality will go downhill. Concerned with how ponds and rain gardens will work.
David Wavman - 22 Abdallah Avenue - Concerned with traffic flow increase on Abdallah
Avenue. Lots of young families there going from Starr Road to Tompkins Street. Traffic flow
and drainage are our big concerns, he stated.
Kevin Pristash - 3607 Parti Drive - Neighbors got together a few weeks ago at the Red
Dragon, people from Abdallah Avenue, Starr Road, Levydale, Parti Drive. Concerns voiced
about water supply and protecting of aquifer, mutual aid, flooding, density vs. slope, kind of
lighting, lights shining into homes, traffic, closeness of project, property values, ponding.
(Comments submitted to PZO Weber.) No traffic study has been done. Too large a project for
that piece of property; it defies logic.
Pam Jenkins - 4023 Gallacher Road - The Town of Cortlandville has violated SEQRA law in
2016 when it gave a Negative Declaration to this project in the absence of review or
investigation of any of the expected impacts. They also violated NYS Law when it illegally
spot zoned the property, above objection of people in surrounding area. As Lead Agency, the
Planning Board could do better. Give this project a Positive Declaration and require a draft
EIS we can comment on. Insist a traffic study is done. Many items in their assessment form
are incorrect (she gave them all in her comments). There are no sidewalks. The Racker
house is within 200 feet of the proposed project. "Don't give this a free pass like the
Cortlandville Town Board did." Ms. Jenkins' extensive written comments, dated 11/27/18,
were submitted to PZO Weber.
DouRlaS Withev - 447 Hov Road - Owns property on Starr Road. There's a "huge enticement"
for kids on the back side of his property. Lots of equipment/trailers/cars stored there.
Worried about his liability in that respect. Gets some flooding there.
Jill Holl - 25 Abdallah Avenue - Frustrated that project still being considered. Wrote
letter/memo, dated today, which she read aloud; each Board member, PZO, and Board
Secretary received a copy which has been placed on file for the record. Against this
development which does not fit in with the neighborhood. No one "would be wasting yours
and our time if someone was interested in developing the property with single-family homes."
Tom Crompton - 23 Abdallah Avenue - Not much traffic right now, but concerned with
increase in traffic and speeding. Traffic now backs up on Starr Road and there's school bus
stop at the corner where the trailer park is; it's a very dangerous intersection. There are no
sidewalks so kids play in the road. Property values are an issue. Has watched City go
downhill, so moved out of City to quiet street. Project very disturbing to me. Don't need
rental properties. No jobs here; who's going to fill these units? Young people are not staying
here. Take a better look at this project. No traffic study has been done.
With all those having been heard who wished to be heard, on a motion by Member
Newell, seconded by Member DelVecchio, with all Board members present voting in
favor, the Public Hearing was closed at 8:05 p.m.
Page 2 of 5
(T) Cortlandville Planning Board Regular Meeting Minutes
II REGULAR MEETING — PART Z
OLD BUSINESS
DEC 0 4 2010`
27 November 2018
Leonidas Grout/ of Virgil. LLC. Avvlicant/Reputed Owner - Northwav Drive - South Side of Starr
Road - TM #96.10-01-19.100 - Site Plan Avnroval/PUD
Chair Wickwire announced to everyone that the Board was simply accepting the Long Environmental
Assessment Form. The Board will take into consideration all of the comments received and, at the next
meeting, they will complete their portion of the FEAR Meeting date will be decided later.
Holmes•Kina•Kallauist & Associates. Architects. LLP. Auvlicant/YMCA of Cortland NY, Revuted
Owner - 1318 Carroll Street - TM #76.19-01-30.200 - Lot Line Adiustment & Conditional Permit
(Reference is made to previous Minutes regarding this project: August and September 2018.) Chair
Wickwire recognized Jeff Taw who submitted additional clarifications for this project. The Site Plan had
been modified to accommodate "their needs." Changes were explained. Parking is now where building
used to be. A draft Quit Claim Deed has been prepared, along with a 30 -foot easement for property
access. Draft deed is under review right now. PZO Weber commented that the applicant seems to be
complying with the revised plan.
Town Attorney Folmer and Board Member John DelVecchio, also an attorney, discussed certain "what if'
items. PZO Weber stated that the deed is being circulated and the parties involved like it better "than
the old plan." He also commented that the Cortland County Planning Department's/ Board's have been
received. Town Attorney Folmer commented on "adverse possession."
Mr. Taw showed a map to Board members and explained where the property line to be moved was
located. His associated commented that the building is now in the Town and the parking lot is in the
City. The retention pond has been moved as shown on the new Site Plan. The building is exactly the
same as before. PZO Weber advised that County Soil 8t/ Water has not completed their review of the
Stormwater Pollution Prevention Plan; they have received the plans, but he has received no
communication from them as yet. The applicant's representatives acknowledged they had seen the
reports from County Planning. PZO Weber reported that the Fire Department was satisfied with access.
He also said that a "sign -off" was needed from County Soil & Water. Member Renzi stated he had no
problem approving the project, with contingencies. Attorney Folmer suggested waiting for County Soil &
Water's approval.
At the conclusion of this lengthy discussion, a motion was made by Member Newell that the
Cortlandville Planning Board will proceed with the Short Environmental Assessment Form under
SEQRA. The motion was seconded by Member Renzi, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: Member Parvizi
Member Newell
Member Renzi
Member DelVecchio
Motion carried.
This becomes Action #52 of 2018.
Chair Wickwire then read aloud Part II of the Short Environmental Assessment Form. Negative
responses were obtained to all questions in Part II, but they felt that Items 9 and 10' were contingent
upon a positive recommendation by Cortland County Soil & Water; this would be included in Part 3, and
would not become effective until that was done.
i
Therefore, it was determined by the Planning Board, on a motion made by Member Newell, that the
action, based on the information and analysis of the SEQR concerning this application for a
Conditional Permit and a Lot Line Adjustment, the Town of Cortlandville Planning Board has
determined that the proposed action will not produce any significant adverse environmental
Page 3 of 5
(T) Cortlandville Planning Board Regular Meeting Minutes
DEC 0 4 2018
27 November 2018
impact, resulting in a Conditional Negative Declaration, conditioned upon approval of the
Stormwater Plan by Cortland County Soil & Water. The motion was seconded by Member Renzi,
with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #53 of 2018.
PZO Weber commented that County Planning had brought up that in the B -2/B-3 Districts for multi-
family dwellings there is a requirement for commercial space. He stated he did not consider the subject
strictly a multi -family dwelling subject to that requirement as the units will be occupied by tenants who
are not from the public; there will be no advertising for rentals. PZO Weber stated he looked at it more
as somewhere between a clinic and a nursing home.
After a brief discussion, a motion was made by Member Newell to approved the Lot Line
Adjustment, as requested. The motion was seconded by Member DelVecchio, with the vote
recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #54 of 2018.
With no further discussion, a motion was then made by Member DelVecchio to approved the
Conditional Permit, as requested, incorporating Items 1 & 2 and 5 thru 12 of the Cortland County
Planning Board's Resolution No. 18-35 dated 19 November 2018, and conditioned upon approval
by Cortland County Soil & Water. The motion was seconded by Member Newell, with the vote
recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #55 of 2018.
NEW BUSINESS
William J. & Colleen F. Thomas. An_ ulicants/Revuted Owners - 4355 Locust Avenue - TM #76.20-
01-01.000 - Lot Line Adiustment
Chair Wickwire acknowledged that the applicants were not present but, after reviewing the application
and its attachments, and discussing the requested Lot Line Adjustment, 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 DelVecchio
( Member Parvizi
Motion carried. i
This becomes Action #56 of 2018.
Page 4 of 5
DEO 0 4 2018 `
(T) Cortlandville Planning Board Regular Meeting Minutes '27 November 2018
Steven White. Executor. AuulicantlEstate of Russell E. White, Reuuted Owner - 322 McLean Road
- TM #95.00-01-23.100 - Lot Line Adiustment
Chair Wickwire recognized the applicant who explained he was seeking approval to move his lot line as
shown on the maps accompanying his application in order for the adjacent landowner to add 6f acres to
his property.
At the conclusion of the applicant's explanation, a motion was made by Member Newell to approve
the Lot Line Adjustment, as requested.. The motion was seconded by Member Parvizi, with the
vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #57 of 2018.
OTHER MATTERS
• The Planning Board thanked Town Attorney John B. Folmer for his 28 years of dedicated service
to the Town upon his retirement at the end of this year. Everyone has enjoyed working with him
over the years and wish him well.
• December Meetine Date - At the conclusion of the Board's discussion, a motion was made by
Member Newell to re -schedule its December 2018 meeting to 8 January 2019 at 7:30 p.m..
The motion was seconded by Member DelVecchio, with the vote recorded as follows:
Ayes: Chair Wickwire Nays: None
Member Newell
Member Renzi
Member DelVecchio
Member Parvizi
Motion carried.
This becomes Action #58 of 2018.
• Executive Session - At 8:55 p.m., on a motion by Member Newell, seconded by Member
Parvizi, and with all members voting in favor, the Town Planning Board went into
Executive Session to discuss pending litigation.
At 9:07 p.m., on a motion by Member Newell, seconded by Member Parvizi, and with all
members voting in favor, the Town Planning Board came out of Executive Session. No
decisions were made.
• Trainine - Board Member Newell reported that there will be training for Planning and _ Zoning
Boards during March, given by County Planning at the County Office Building. More information
will be forthcoming.
ADJOURNMENT
At 9:15 p.m., a motion to adjourn the meeting was made by Member Newell, seconded by Member Renzi,
with all members present voting in, the :affirmative.
t ,
eT n E. Fitch, Board Secretary E-mailed to Town -Clerk, JBF, PB Members,
DD, Bw, RM & DC on 12/4/18. Rev.
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Page 5 of 5. .
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