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HomeMy WebLinkAbout2020-11-24 PB Minutes FinalPage 1 of 7 TOWN OF CORTLANDVILLE PLANNING BOARD DRAFT Minutes of Public Hearing & Regular Meeting - Tuesday, 24 November 2020 – 7:30 PM Water & Sewer Garage – Next to Town Hall at 3577 Terrace Road – Cortland, NY Board Members (*absent) Others Present Christopher Newell, Chairman Bruce Weber, (T) Planning/Zoning Officer Nicholas Renzi Joan E. Fitch, Board Secretary Laird Updyke John DelVecchio, Town Attorney Nasrin Parvizi (Virtual) Patrick Snyder, Special Counsel Ann Hotchkin Applicants & Public Present David Spotts for SSC Cortlandville II & III, Applicant; Brandon Plank, Applicant; Corey Auerbach & Drazen Gasic for Source Renewables, Applicant; Mark Sweeney for McLean Solar 1, Applicant; Dale Plank, Paula & Peter Cowling, Peter Morse-Ackley, Pam Jenkins, Andrea Rankin, Michael Stokoe, Jim Nicols. PUBLIC HEARING McLean Solar 1 LLC, Applicant/Farm East LLC. Reputed Owner – 415 McLean Road – TM #95.00- 01-33.1 – SEQRA Process The Public Hearing was opened at 7:30 p.m. by Chairman Chris Newell; the Board Secretary read aloud the Legal Notice as published in the Cortland Standard on 2 November 2020, as follows: NOTICE IS HEREBY GIVEN that the Town of Cortlandville Planning Board will hold a Public Hearing on concerning the McLean Solar 1 project on November 24, 2020 at 7:30 p.m. The Planning Board has hade a positive declaration requiring the applicant to submit a draft environmental impact statement (EIS). A draft scope has been submitted for the EIS. The draft scope and other application materials may be reviewed on the Cortlandville website – Cortlandville.org. Public comments on the draft scope may be made at the hearing, and written comments on the draft scope may be submitted prior to the meeting to Brue Weber, Town of Cortlandville Planning & Zoning Officer, 3577 Terrace Road, Cortland, NY 13045, or you can email them to bweber@cortlandville.org or you can submit them at the Public Hearing. The proposed project is a 12-acre solar project in an area zoned Residential located on the south side of McLean Road, Tax map No. 95.00-01-33.100. Attendance at the meeting will require you to wear a mask, practice social distancing, and consent to have your temperature taken. We request that only one member of the household attend due to space limitations in the Cortlandville Water & Sewer Garage across the parking lot from the Raymond G. Thorpe Municipal Building. Chris Newell, Chairperson Cortlandville Planning Board Chairman Newell recognized Attorney Mark Sweeney, representing the applicant who was seeking approval to construct a solar array, accessory access driveway, and security fencing on approximately 12 acres of land in an R-1 zoned property. Attorney Sweeney described the project as set forth in the materials accompanying the application. He also described the scoping process which complies with SEQRA. DRAFT (T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes 24 November 2020 Page 2 of 7 Chairman Newell asked if there was anyone present who wished to speak on this matter, and there were, as follows: Peter Morse-Ackley – Lives across road from project – Read from a prepared two-page statement dated 11/24/20, which contained comments pertaining to the Scoping document for the proposed project. A copy of this statement has been placed on file for the record. Andrea Rankin – 437 McLean Road – Why is this hearing not being done “virtually?” Suggested this be done from now on. Submitted letter of opposition from Judy Cain who did not wish to attend because of COVID19; a copy of her letter has been placed on file for the record. Ms. Rankin commented on the Draft Scoping Document, stating that there were two errors in its Introduction; a copy of statement has been placed on file for the record. Concerned that a proposed moratorium on solar projects has been dismissed. Who is preparing Draft Environmental Statement? Engineer Patrick Snyder responded that the engineer will prepare it. Neighbors care about one another; we value our neighborhood and having this facility will make it forever altered. Pam Jenkins – 4023 Collegeview Drive – Submitted a copy of her comments which have been placed on file for the record. She read the comments aloud. Area is zoned R-1 and is in violation of Land Use Plan. This is not a public utility. (It is noted for the record that Ms. Jenkins emailed additional comments to PZO Weber on 11/25/20 requesting that they be added to the record; a copy has been placed on file for the record). With everyone being heard who wished to be heard, Chairman Finn closed the Public Hearing at 8 p.m. REGULAR MEETING The Regular Meeting of the Town of Cortlandville Planning Board was called to order at 8 p.m. by Chairman Chris Newell. APPROVAL OF MINUTES – 27 OCTOBER 2020 A motion was made by Member Nick Renzi to approve the Town Planning Board Minutes of 27 October 2020, as submitted. The motion was seconded by Member Ann Hotchkin, with the vote recorded as follows: Ayes: Chairman Newell Nays: None Member Renzi Member Parvizi Member Updyke Member Hotchkin Motion carried. This becomes Action #72 of 2020. DRAFT (T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes 24 November 2020 Page 3 of 7 OLD BUSINESS McLean Solar 1 LLC, Applicant/Farm East LLC. Reputed Owner – 415 McLean Road – TM #95.00- 01-33.1 – SEQRA Process Special Counsel Patrick Snyder advised the Board that, since the public’s comments have been received, they should adopt a Final Scope by the next meeting. Member Renzi asked why the Board was going through the SEQR process for a project that is not allowed at this location? Town Attorney explained that the applicant has applied for a Use Variance, which necessitates a SEQR analysis before this is considered. The Town is just following the law, he said. He also assured Attorney Mark Sweeney that he would be provided with copies of all materials. Special Counsel Snyder stated that the Board will prepare the final Scope. No Action Taken. SSC Cortlandville II LLC, Applicant/Reputed Owner – 4242 Bell Crest Drive AND SSC Cortlandville III LLC - 4240 Bell Crest Drive - TM #86.00-02-01.100 – Conditional Permits & Aquifer Protection District Special Permits – Proposed Solar Projects (Reference is made to previous Minutes for additional details.) Members Parvizi, Renzi, Laird Updyke, and Chairman Newell discussed the process the Board was undergoing at this time; Member Renzi asked “housekeeping” questions which were answered by David Spotts, representing the applicant. Mr. Spotts then asked if there were any more comments from the Board. Chairman Newell stated that there were a lot of concerns about this project, it was a big parcel of land, and the panels were near residences; maybe look at something smaller. Member Renzi asked what the applicant could do to negate the impact (e.g., berms, trees, etc.) and said they will be hard pressed to do anything that will satisfy the neighbors. Why put it here? Member Ann Hotchkin commented that other solar projects in Cortlandville haven’t been as visible. Member Parvizi agreed that this was not an appropriate location for this project. Mr. Spotts responded that a project such as this takes into consideration many factors. Town Attorney DelVecchio gave a couple of options to the applicant: (1) proceed with the project as proposed, or (2) modify their application to address the Board’s/public’s major concerns. In conclusion, Member Renzi suggested “going back to the drawing board” and give it “your best shot” to address the neighbors’ concerns; “get with the neighbors and see what you can come up with.” A motion was made by Member Renzi to postpone the applications for a Conditional Permit and Aquifer Protection District Permit for these solar projects until such time as the applicant provides a modified application. The motion was seconded by Member Updyke, with the vote recorded as follows: Ayes: Chairman Newell Nays: None Member Renzi Member Parvizi Member Updyke Member Hotchkin Motion carried. This becomes Action #73 of 2020. DRAFT (T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes 24 November 2020 Page 4 of 7 Source Renewables, Inc., Applicant/Gunzenhauser Real Estate, Reputed Owner – West Side of Locust Avenue – TM #76.20-01-08.000 – Conditional Permit & Aquifer Protection District Special Permit for Proposed New Solar Facilities Chairman Newell recognized Corey Auerbach of Barclay Damon (law firm) who commented that the applicant had appeared before the ZBA seeking a Use Variance to allow a ground-mounted large-scale solar energy system in an R1 District, and for an access road for commercial use, and the matter was postponed to give them time to provide additional information at their next meeting. Mr. Auerbach reported that the City of Cortland has given Preliminary Site Plan approval for a second solar facility on abutting land (44.7± A.) immediately to the south, indicated as Parcel A on their map(s). The subject parcel in the Town (Parcel B) contains 24.4± acres of which the project will involve 21.6± acres. He also stated that he had appeared before the Cortland County Planning Department and had received their comments. Mr. Auerbach reported that the Cortland County IDA served as Lead Agency under SEQRA for this project and the determination of significance had already been made thereunder; it was determined that there will be no significant environmental impacts from this project. Mr. Auerbach, using aerial photo(s) of the site, explained the proposed 4.3 MW, 16,000-module project in detail. Town Attorney DelVecchio explained that a Use Variance was required in order to take any action on the applications. No Action Taken. NEW BUSINESS Andrew & Debra Chavoustie, Applicants/Reputed Owners – 4493 NYS Route 41 – TM #88.16-01- 11.100 – Subdivision of Land PZO Weber gave a brief history of the property to the Board. The subject parcel has been occupied for quite a few years by two residences, the main house plus an added smaller home for the applicant’s elderly parents, conditioned upon when the parents no longer needed the home it would be removed from the property. The parents have since passed, and the applicants now want to keep the second home, but a subdivision is necessary in order to separate the two residences, putting them on their own parcels. The applicant has been to the County Health Department, and the lots meet the requirements. A motion was made by Member Renzi to approve the subdivision of land, as requested. The motion was seconded by Member Hotchkin, with the vote recorded as follows: Ayes: Chairman Newell Nays: None Member Renzi Member Parvizi Member Updyke Member Hotchkin Motion carried. This becomes Action #74 of 2020. John Pellegrino, Applicant/Reputed Owner – 4530 McGraw North Road – TM #78.00-01-10.000 – Subdivision of Land PZO Weber explained that the applicant was seeking approval to subdivide this property into three lots, as shown on the aerial photo accompanying the application. The have been approved by the County Health Department and meet Town requirements. DRAFT (T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes 24 November 2020 Page 5 of 7 A motion was made by Member Hotchkin to approve the subdivision of land, as requested. The motion was seconded by Member Renzi, with the vote recorded as follows: Ayes: Chairman Newell Nays: None Member Renzi Member Parvizi Member Updyke Member Hotchkin Motion carried. This becomes Action #75 of 2020. Patricia Sears, Applicant/The James F. Sears & Patricia W. Sears Revocable Trust, Reputed Owner – 209-311 Sears Road – TM #84.00-03-4.100 – Subdivision of Land Member Hotchkin suggested that there be a place on the application to briefly explain what the subdivider is seeking approval for, e.g. to subdivide 5.9 A. from the existing 33 acres of land. PZO Weber responded that he would see what could be done. The applicant was seeking approval to subdivide a 5.098±-acre parcel from the existing 33.40± acres, as shown on the survey map accompanying the application. A motion was made by Member Parvizi to approve the subdivision of land, as requested. The motion was seconded by Member Renzi, with the vote recorded as follows: Ayes: Chairman Newell Nays: None Member Renzi Member Parvizi Member Updyke Member Hotchkin Motion carried. This becomes Action #76 of 2020. Multiple Applicants (13)/Suit-Kote Corporation, Reputed Owner – Behind Lots on Bell Drive – TM #76.14-01-63.110 – Subdivision of Land/Lot Line Adjustments PZO Weber stated that the thirteen applicants will be purchasing a small portion of land from Suit-Kote to add onto and be consolidated with their lots on Bell Drive, as shown on the map accompanying the application. A motion was made by Member Renzi to approve the Lot Line Adjustments, as requested. The motion was seconded by Member Parvizi, with the vote recorded as follows: Ayes: Chairman Newell Nays: None Member Renzi Member Parvizi Member Updyke Member Hotchkin Motion carried. This becomes Action #77 of 2020. DRAFT (T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes 24 November 2020 Page 6 of 7 Brandon M. Plank, Applicant/Linda & Larry Jones, Reputed Owners – 1845 NYS Route 13 – TM #77.00-13-06.000 – Conditional Permit for Proposed Business Chairman Newell recognized the applicant who was seeking a Conditional Permit to assemble and sell hydraulic shock absorbers (racing) from this location. The business name will be Dig Race Products, LLC, which was established in 2018. A narrative, dated 17 November 2020, gave an overview of what was proposed, in addition to a statement by the applicant describing further details of what was being proposed. There will be no employees, except for his father. Chairman Newell asked about any fluids/lubricants that may be used, and Mr. Plank explained that the business requires a “clean environment” so one room will be dedicated to the assembly of the shocks, and they purchase a five-gallon container of hydraulic fluid about once every three months. Used fluid is picked up by others for use in heating. A motion was made by Member Renzi to approve the Conditional Permit, as requested. The motion was seconded by Member Hotchkin, with the vote recorded as follows: Ayes: Chairman Newell Nays: None Member Renzi Member Parvizi Member Updyke Member Hotchkin Motion carried. This becomes Action #78 of 2020. DG New York, CS, LLC, Applicant/Forbes Realty LLC, Reputed Owners – Riley Road – TM #97.00- 03-08.112 – Conditional Permit & Aquifer Protection District Special Permit – Proposed Large- Scale Solar Energy System PZO Weber explained that the applicant’s representative was not feeling well and thought it best not to attend this meeting. However, he said, the applications needed to be forwarded to County Planning, and this could be done to keep the project moving. A motion was made by Member Updyke to send the applications for a Conditional Permit and an Aquifer Protection District Special Permit to the Cortland County Planning Department for their review. The motion was seconded by Member Hotchkin, with the vote recorded as follows: Ayes: Chairman Newell Nays: None Member Renzi Member Parvizi Member Updyke Member Hotchkin Motion carried. This becomes Action #79 of 2020. OTHER MATTERS • Town Attorney DelVecchio reported that the Town Board has decided to do the rest of the meetings for this year via Zoom (virtually) given the spike in Covid19 cases. The Town Board also decided to leave it up to each other individual Town board (Planning and ZBA) whether or not to do so in the future. Town Clerk Kristin Rocco-Petrella is to be notified of the decisions. DRAFT (T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes 24 November 2020 Page 7 of 7 ADJOURNMENT At 9:15 p.m., a motion to adjourn the meeting was made by Member Renzi, seconded by Member Hotchkin, with all members present voting in the affirmative. Joan E. Fitch, Board Secretary Draft e-mailed to Town Clerk & AR, JD, PB Members, DD, BW, KM & DC on 1/25/21.