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
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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
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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
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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
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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
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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
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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.