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HomeMy WebLinkAbout2021-01-26 PB Minutes FinalPage 1 of 5 TOWN OF CORTLANDVILLE PLANNING BOARD Minutes of Regular Meeting Via Zoom - Tuesday, 26 January 2021 – 6:30 PM Town Hall Address: 3577 Terrace Road – Cortland, NY 13045 Board Members (*absent) Others Present Christopher Newell, Chairman Bruce Weber, P/Z Officer/Host Nicholas Renzi Joan E. Fitch, Board Secretary Laird Updyke John DelVecchio, Town Attorney Nasrin Parvizi Patrick Snyder, Special Counsel Ann Hotchkin Applicants & Public Present David Spotts for SSC Cortlandville II & III, Applicant; Patrick Kozer for Gilbert Kozer, Applicant; Janet Ward for DG New York, Applicant; Paula Cowling, Cheri Lunas, Robert Martin, Peter Morse-Ackley, K. Wickwire, Curt Nichols, Andrea Rankin. REGULAR M EETING The Regular Meeting of the Town of Cortlandville Planning Board was called to order at 6:35 p.m. by Chairman Chris Newell. APPROVAL OF MINUTES – 24 NOVEMBER 2020 A motion was made by Member Ann Hotchkin to approve the Town Planning Board Minutes of 24 November 2020, as submitted. The motion was seconded by Member Laird 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 #1 of 2021. NEW BUSINESS Gilbert Kozer, Applicant/Reputed Owner – 561 Hoy Road – TM #85.00-001-22.111 – Subdivision of Land Chairman Newell recognized Patrick Kozer, representing Gilbert Kozer who was seeking approval to add a small area of the subject parcel to the adjoining parcel owned by Patrick (TM #85.00-01- 22.122), as shown on the annotated survey map accompanying the application. Patrick explained that when his home was built, too close to the property line, so he was adding approximately one acre of land to his out of Gilbert’s 105±-acre parcel. After a brief discussion, a motion was made by Member Ann Hotchkin to approve the subdivision of land, as requested. The motion was seconded by Member Nick 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 #2 of 2021. (T) Cortlandville Planning Board Regular Meeting Minutes 26 January 2021 Page 2 of 5 OLD BUSINESS 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.) Chairman Newell stated that he would like to enter into the record a letter from Joe Reagan and one from Chris Calabro (through his attorney). These letters have been placed on file. Chairman Newell then recognized David Spotts, representing the applicant/owner. Mr. Spotts then addressed the stormwater concerns that were discussed at the Board’s last meeting in December. He had received a letter from his engineer who walked the site shortly after receiving the video from Jim Nichols. The stormwater design is acting as it should, he stated, but the water cannot be eliminated. The intent of the design is to divert the water, not reduce it. The DEC has scheduled a final inspection for 28 January. Mr. Spotts stated that they want this project done correctly; he will provide the Board with a copy of his engineer’s letter. Chairman Newell commenced completion of Part 2 of the Full Environmental Assessment Form. Before this was started, Member Nasrin Parvizi expressed some concern over the responses contained in Part 1, as prepared by the applicant. Member Renzi agreed these should be clarified. Chairman Newell acknowledged the presence of Town Attorney John DelVecchio and Special Counsel Patrick Snyder who will assist the Board in this process. Members Parvizi and Renzi noted their extensive discrepancies with regard to the answers provided by the applicant in Part 1. They will be submitting their comments in writing for the record. Town Attorney DelVecchio and Special Counsel Snyder advised that the modifications should be made if it was the general consensus of the Board, and it was. Mr. Spotts responded to some of the comments received from the Board. It is noted that a solar panel is four feet wide by six feet long and approximately five feet in height, and they are mounted flat. Mr. Spotts stated there will be no demand made for water. Residential was checked on the form because of Ridgeview, he said. Member Hotchkin noted that she saw no signoff pertaining to wild and endangered species from the NYSDEC. Attorney DelVecchio asked the Board members again if they were in agreement to the proposed Part 1 modifications of the FEAF and they assured they were. He also advised that the Board could complete Part 2 of the form once, covering both projects II and III. Special Counsel Snyder agreed. SC Snyder also commented, with regard to E1, to be more accurate in the future, it should be listed as other, e.g., acreage of solar panels. The Board commenced completion of Part 2 of the Full EAF. Attorney DelVecchio advised that “if there is a majority determination on any factor by the Board that calls for a Moderate to Large determination that, for legal purposes in the event there’s any legal challenge by anybody, there should be some reasoning to support that conclusion.” It was also noted that the entire meeting of this Board is being video recorded via Zoom and made available as required. Member Renzi commented that there should be a dialogue from the Board supporting any Moderate to Large judgments arrived at in support of that conclusion. This, he thought should involve some careful thought and writing by the Board members. PZO Weber recorded, in writing, the Board’s responses to the items contained in Part 2. The Board Secretary took the following notes: #1 – Yes. a, b, c, d, e, g = No, or small impact may occur. f = Moderate to large. #2 – No. (T) Cortlandville Planning Board Regular Meeting Minutes 26 January 2021 Page 3 of 5 #3 – Yes. a thru g = No, or small impact may occur. h = Moderate to large. The DEC report is needed here. SC Snyder explained the two phases involved. #4. No. #5. Yes. a thru c and e-g = No, or small impact may occur. d = Moderate to large. Project may change flows; all agreed. #6. No. #7. Yes. Proceed to j. Other impacts – need to obtain letter from NYSDEC clarifying there are no expected losses in flora or fauna as a result of this project. #8. Yes. a thru f = No, or small impact may occur. g = Moderate to large. #9. Yes. a, b, dii, e, f = No, or small impact may occur. c & di = Moderate to large. Visible year- round. #10. No. #11. No. #12. No. #13. No. #14, No. #15. No. #16. No. #17. Yes. b, d, e, f, g = No, or small impact may occur. a & c = Moderate to large. It’s inconsistent with land use plans. h = this property, due to location, has public water and future possible sewer; not conducive with current Comprehensive Plan. It’s an urban or suburban area. It’s not a rural area. Area One is contiguous and is area perfect for low-density residential development. #18. Yes. a thru d = No, or small impact may occur. e & f = Moderate to large. Other Impacts = Moderate to large. Density of this project on prime land is best for residential. To convert is inconsistent with community character. All agreed. Chairman Newell announced that he had received a request to hold another public hearing which could occur next month, especially since what is now being considered is a new Site Plan, or the Board could “press on” with completion of Part 3 of the LEAF. Member Renzi suggested that the Board should take the time to digest the results of Part 2 and to prepare their responses, in writing, submitting them to Chairman Newell. Special Counsel Snyder advised the Board it was up to them to decide whether or not to hold another public hearing, and they should combine their comments resulting in one response to their answers in Part 2 of the LEAF. At the completion of their discussion, the Board agreed to prepare their Part 2 comments and submit them to Chairman Newell to facilitate completion of Part 3, and to hold another public hearing. SC Snyder agreed that one document should be received from the Board which should be voted on. Chairman Newell asked that the comments be sent to him within one week; he will get them together and submit to PZO Weber. Town Attorney DelVecchio saw no reason that one unified response was necessary. At the completion of the discussion, a motion was made by Member Renzi to set a Public Hearing for 23 February 2021 at 7:30 p.m. for these proposed solar projects. 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 #3 of 2021. DG New York, CS, LLC, Applicant/Douglas Christofferson, Reputed Owner – Riley Road – TM #87.00-03-08.100 - Conditional Permit & Aquifer Protection District Special Permit – Proposed Large-Scale Solar Energy System (Reference is made to the December 2020 Minutes of this Board for previous information.) Chairman Newell recognized Janet Ward, representing the applicant who was seeking Site Plan approval for a proposed ground-mounted, large-scale solar energy system as shown on the materials accompanying the applications. Ms. Ward gave everyone the information on what has progressed (T) Cortlandville Planning Board Regular Meeting Minutes 26 January 2021 Page 4 of 5 so far, and explained that they didn’t apply for a building permit within the allotted time frame so was requesting an extension to do so. Member Parvizi asked if any work had started on the project, and Ms. Ward responded that there was some activity on #1 on Riley Road and East River Road. Some of the Board members had visited the site. At the close of this discussion, a motion was made by Member Parvizi to grant an extension for the Conditional Permit for the large-scale solar energy system, 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 #4 of 2021. DG New York, CS, LLC, Applicant/Forbes Realty, Reputed Owner – 1902 Riley Road – TM #87.00- 03-08.112 - Conditional Permit & Aquifer Protection District Special Permit – Proposed Large- Scale Solar Energy System Regarding this proposed array on Riley Road Ms. Ward stated they will be purchasing this property. Plans have been submitted, along with the SWPPP which is currently being reviewed by County Soil & Water, and they have an NHP Report stating there are no endangered species on the site; Army Corps has reviewed the wetlands delineation and issued a “no permit required” statement. County Planning, she continued, voted to reject the application due to visual impact. Since then, however, a glare study and visual assessment have been completed and submitted. She reviewed these with the Board who had also received copies. The project, she stated, has also been submitted to SHPO who requested an architectural study which is in process, and should be completed in three weeks. Member Hotchkin reminded everyone that the Board, if it wants to override County Planning’s denial recommendation, needs to have a supermajority vote; otherwise, a majority plus one. She then asked if there was any benefit to the applicant resubmitting the impact study to County Planning. Member Parvizi said she had a problem with the project’s aggregate use of over 100 acres of land. Will there be another one after this? She would like a year before any more are planned. Member Updyke agreed with Member Parvizi’s concerns. Member Renzi asked Ms. Ward if the study was done as a result of the County’s comments, and she responded that was correct. Member Renzi then suggested this Board resubmit what the applicant has provided and ask County Planning to review it and advise if they want to stay with their denial recommendation or not. Chairman Newell agreed this would be appropriate. Other Board members concurred. Town Attorney DelVecchio advised the Board it was fine to send the information to County Planning. PZO Weber, from the standpoint of resubmitting something, stated he would indicate to County Planning that it is the opinion of this Board that they would like them to reconsider their resolution based on new information, should they choose to accept it. Then the applicant could submit it directly to County Planning. In response to Ms. Ward’s question regarding contacting the City of Cortland, PZO Weber stated that the City was not an involved agency with regard to SEQRA; however, they can be an interested party where they could provide information to the Town. It would be appropriate, he said, to contact the City representative to find out if they had any concerns. (T) Cortlandville Planning Board Regular Meeting Minutes 26 January 2021 Page 5 of 5 At the conclusion of the discussion, a motion was made by Member Hotchkin to resend this application to County Planning for their review based on the fact that new information has been received. 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 #5 of 2021. ADJOURNMENT At 8:55 p.m., a motion to adjourn the meeting was made by Chairman Newell, 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 2/22/21. Approved 2/23/21. Corrected #4 and #5 on 3/9/21 per BW.