HomeMy WebLinkAbout2020-12-29 PB Minutes FinalPage 1 of 4
TOWN OF CORTLANDVILLE PLANNING BOARD
Minutes of Regular Meeting Via Zoom - Tuesday, 29 December 2020 – 7:30 PM
Town Hall Address: 3577 Terrace Road – Cortland, NY 13045
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 Nick Alteri, Host
Ann Hotchkin
Applicants & Public Present
David Spotts for SSC Cortlandville II & III, Applicant; Vasily Onofreychuk, Applicant; Paula Cowling, Jim
Nicols, Dan Gapski, Chris Georgiadis, Barry Hull, Cheri Lunas, Robert Martin.
REGULAR MEETING
The Regular Meeting of the Town of Cortlandville Planning Board was called to order at 7:35 p.m.
by Chairman Chris Newell.
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 recognized David Spotts, representing the applicant who was seeking approval of
these solar array projects. It was noted that a new Sketch Plan has been submitted/received in
response to the Board’s and the public’s concerns/comments received previously. Mr. Spotts explained
that the project was considered too large and visible by those attending last month’s Public Hearing,
and also would have a large impact on home values; therefore, he said, they have made drastic
modifications which would “get us about 80% of the way there.”
Mr. Spotts displayed the proposed Site Plan on the screen and explained the changes made, which
included eliminating all of the panels east of Bell Crest Drive and showed a 600-ft. buffer between the
homeowners along Ridgeview. The proposed project is reduced by about 20% he said. Mr. Spotts
reported that they had met with Larry Hill and came up with a proposal for the homeowners along
Ridgeview. Mr. Hill was willing to gift from 50 feet to 100 feet of additional parcel extensions to the rear
of their properties. The homeowners, he said, represented by Patrick Perfetti, did not want the
additional property. The applicant had also offered to install a row of 10-foot trees along the edge of the
property line, as shown on the screen, to serve as a visual buffer. In addition, the applicant was willing
to install trees on a berm to make a 15-foot high visual buffer; all of what was proposed was shown on
the computer screens. The project, he concluded, would hide the proposed project “from almost
everybody.”
Member Ann Hotchkin asked about the proposed project in relation to St. Mary’s Cemetery. Mr. Spotts
stated there was no buffer planned between the project and the cemetery because there were no visual
concerns from the cemetery. Member Hotchkin mentioned a recent video showing flooding concerns in
the cemetery and wanted to make sure Mr. Spotts was aware of this. Chairman Newell stated that he
will provide a copy of the video to Mr. Spotts for his information. Mr. Spotts stated the proposed project
will not contribute to any additional runoff; the area under the panels is grassy. They are, however,
open to any consideration to manage stormwater runoff.
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Visual renderings were displayed and described by Mr. Spotts. Poles will be owned by National Grid
and must be above ground.
Mr. Spotts stated that they will be posting a decommissioning bond and will be responsible to
decommission the project and make sure the land is reestablished as it was before the project was
constructed. To summarize, he stated that the project has been reduced by 20%, the visual impact by
80%; it will not be visible from Ridgeview nor from the majority of Blue Creek Road. Regarding impact
on home values, a 600-foot buffer was added to Ridgeview Ave. in addition to the screening, berm, and
trees aforestated. He asked that they be allowed to proceed without an additional Public Hearing.
Member Renzi asked questions regarding the projects, specifically about the flooding video at St. Mary’s
Cemetery. Jim Nicols, who took the video, responded to Member Renzi and answered his questions.
Town Attorney John DelVecchio cautioned the Board regarding discussing this matter as this
neighboring property is in litigation and is under Court Order to be mitigated by the landowner.
Drainage issues are being addressed/monitored by the NYSDEC.
Chairman Newell commented that he thought the Board could revisit SEQR Part 2 at the January 2021
meeting. Attorney DelVecchio considered this a “modified application.” A public hearing was held
before, but it was his opinion that this is now a “very different project.” He advised that it is up to this
Board whether or not they would like to have another public hearing; however, those issues brought up
at the previous public hearing have now been significantly addressed. Attorney DelVecchio suggested
that the Board digest this new plan and, at the next meeting, take up the SEQR issue again. Member
Renzi thought this procedure made sense, but the entire project needed to be looked at with regard to
these “water problems.” Although not part of the project, this needs to be integrated into the decision-
making process. Member Updyke agreed that the existing runoff problems need to be addressed before
the project begins. Member Renzi agreed.
Attorney DelVecchio concluded that he believed, given the litigation over the years regarding drainage
issues and the fact that a formal Court Order is in place, any approval of anything on this property
should be contingent upon the directives in that Order being fulfilled entirely in the eyes of the
NYSDEC.
Member Parvizi asked, since this application has been modified, should it be referred to County
Planning for their review once again? Attorney DelVecchio reported he had asked this very question of
Special Counsel Patrick Snyder who responded, he thought, that it would not be necessary. PZO Weber
agreed that it would not require referral back to County Planning since the proposed project was being
reduced in size, not enlarged.
In conclusion, Chairman Newell stated that the Board would review this application during January
and possible do the SEQRA form during the January meeting.
A motion was then made by Member Updyke to postpone the applications for Conditional
Permits for the proposed solar projects until the January 2021 meeting of this Board. 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 #80 of 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 announced that these applications would most likely be on the January Agenda, so it
was not necessary to discuss them at this meeting.
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
Chairman Newell reported that the applicant had requested postponement of this matter until the
January 2021 meeting.
NEW BUSINESS
Vasily Onofreychuk, Applicant/Vasily & Anna Onofreychuk, Reputed Owners – 1033 Bennie Road
– TM #106.00-05-12.000 – Subdivision of Land
Chairman Newell recognized the applicant who explained that he was seeking approval to subdivide
this 5.25±-acre parcel into two parcels meeting Health Department requirements for building a house
on the vacant lot. One parcel would contain 2.8± acres, and one of 2.42± acres, as shown on the
sketches accompanying the application.
PZO Weber had advised that this was a vacant lot that the applicant is proposing to divide into two
parcels, with a house on each one. Member Hotchkin asked how long the driveway was to the site in
the back, and the applicant responded 700± feet which he would maintain. PZO Weber stated he
should acknowledge that he would be making a request to the County Health Department for a waiver
from the lot width, and that the Board has no objection to that; a waiver should also be granted from
Section 140-6 which deals with the ratio of lot width to lot depth.
A motion was then made by Member Updyke to approve the subdivision of land, as requested,
with the Town Planning Board having no objection to the granting of a waiver by the Cortland
County Health Department regarding lot width, and grants a waiver to Section 140-6, the ratio of
lot width to lot depth. 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 #81 of 2020.
OTHER DISCUSSION
• 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: Member Renzi recapped Cortland County
Planning’s recommendation for approval, with twelve contingencies. Resolution No. 20-26 of the
County Planning Board, he stated, recommended denial based on the visual impact of the project
to the City of Cortland. They also reminded the Board about the need to obtain a supermajority
vote to be obtained by the Town in order to approve the application. The SEQRA process was
discussed which, according to PZO Weber, was one of the reasons Janet Ward had requested
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postponement of the matter. Chairman Newell suggested that since the Board will be doing the
SEQRA, that they visit the site and look at the landscape where this project will occur. All the
issues should be considered. Member Hotchkin helpfully explained to this Board how the County
Planning Department/Board operated, as she is a former member.
• Member Hotchkin said she had received a letter questioning Attorney DelVecchio’s ethics with
regard to McLean Solar 1, that he was dragging his feet on the application. She stated that she
did not agree with that letter and the person has a right to talk about the impact to their property,
but thought that portion of the letter was uncalled for. Chairman Newell added that the author of
the letter did not understand “all of the hoops that we have to jump through” and just wanted “to
close it right down.” Attorney DelVecchio, he stated, had nothing to do with this being a four-year
project; it was just miscommunication by the letter’s author.
• Member Renzi asked if there was training credit for “yesterday’s session”? Chairman Newell will
check on this. PZO Weber said he had been asked about this by the Town Clerk, and he advised
he thought it was worth at least an hour’s credit. Attorney DelVecchio advised that this matter
will be on the Town’s agenda at their next meeting.
ADJOURNMENT
At 9 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 2/15/21.
Approved on 3/30/21.