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Home My WebLink About2021-03-30 PB Minutes FinalPage 1 of 4 TOWN OF CORTLANDVILLE PLANNING BOARD Minutes of Regular Meeting Via Zoom - Tuesday, 30 March 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 Ann Hotchkin Applicants & Public Present Andrew Porter & Timothy C. Buhl, PE, for Builder’s Best Home Improvement Center, Inc., Applicant; Janet Ward for DG New York CS, LLC, Applicant; Glenn Reisweber for Lime Hollow Nature Center, Inc., Applicant; Peter Morse-Ackley, Cheri Lunas, Patty O’Mara, James Nichols, Ivan Zajreck, Robert Martin. REGULAR M EETING The Regular Meeting of the Town of Cortlandville Planning Board was called to order at 6:55 p.m. by Chairman Chris Newell. APPROVAL OF MINUTES – 29 DECEMBER 2020 & 23 FEBRUARY 2021 It was noted that Action No. 11 of 2/23/21 was incorrect and should be revised to reflect that the motion was made and carried to send the applications to Cortland County Planning for their review. A motion was made by Member Ann Hotchkin to approve the Town Planning Board Minutes of 29 December 2020, as submitted, and the 23 February 2021, as corrected. 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 #13 of 2021. OLD BUSINESS DG New York CS, LLC, Applicant/Douglas Christofferson, Reputed Owner – Riley Road – TM #87.00-01-08.100 – Conditional & Aquifer Protection District Special Permits for Proposed Solar Project 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. (Reference is made to the 26 January 2021 Minutes of this Board for previous action on this matter.) Ms. Ward stated that she understood that County Planning has recommended that DG New York contact others, and they had a problem with the visual effects assessment, etc., and these items have not yet been taken care of. She asked for this Board’s thoughts on the matter. She added that there was really no landscaping that could be done on this site. They could, she said, possibly move the array to a different parcel on that hillside. Chairman Newell stated he had talked with Fred Forbes (T) Cortlandville Planning Board Regular Meeting Minutes 30 March 2021 Page 2 of 4 and visual impact was a big problem and this may be an avenue that DG New York may want to explore. Ms. Ward agreed, but it needed more research. Chairman Newell asked Board members for their input. Member Renzi thought that moving the array to a different parcel is a good thing. That being said, he thought postponing this matter until the Board receives a new proposal from DG New York would be the thing to do. Ms. Ward agreed and asked the Board to do so. Member Hotchkin asked Ms. Ward if the subject solar arrays proposed by her company would be the end of their pursuit of same, or would they keep going with more? Ms. Ward responded that, as of today, she had no other sites in Cortlandville that they are looking at; they are, however, developing other sites in New York State. She gave a brief explanation of how their sites are chosen. Town Attorney John DelVecchio was asked for some procedural guidance by Ms. Ward, and he advised that he will be in touch with her and her attorneys about relevant issues. PZO Weber commented that perhaps the easiest way to “deal with this” was for Ms. Ward to ask the Board to table the application at this time. She responded “yes.” Attorney DelVecchio said he will “see to it that it does not jeopardize your project as it relates to any looming moratorium that could go into effect in the near future.” With no further discussion, a motion was made by Member Renzi that the Town of Cortlandville Planning Board accepts the applicant’s request to table this matter. 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 #14 of 2021. Lime Hollow Nature Center, Inc., Applicant/Reputed Owner – 3277 Gracie Road – TM #105.05- 01-12.110 – Conditional Permit – Proposed Renovation Board Member Nick Renzi stated he had read the report from County Planning and had also visited the site and appreciated the applicant’s following the Town’s Development Guidelines as there was “instant harmony with the surrounding environment.” He fully supported approval of this project. Chairman Newell, acknowledging the presence of the applicant’s representative Glenn Reisweber, asked if there was any further discussion regarding the proposed renovation of this existing barn; there was none. A motion was then made by Member Renzi to approve the Conditional Permit for the proposed renovation of an existing barn, as requested, with a recommendation made to the Town Board that the issue an Aquifer Protection District Special Permit and act as Lead Agency under SEQRA. The motion was seconded by Member Nasrin 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 #15 of 2021. (T) Cortlandville Planning Board Regular Meeting Minutes 30 March 2021 Page 3 of 4 NEW BUSINESS Builder’s Best Home Improvement Center, Inc., Applicant/Reputed Owner – 3798 Luker Road – TM #95.00-09-01.000 – Conditional Permit & Aquifer Protection District Special Permit – Proposed Warehouse Chairman Newell recognized Andrew Porter, representing the applicant who was seeking a Conditional Permit and Aquifer Protection District Special Permit to construct a 5,000 SF storage warehouse for this existing home improvement center’s retail business. Details of the proposed project were thoroughly explained in the documents accompanying the applications. Mr. Porter commented that the building will be used for the storage of rental equipment; there will be no offices or restrooms, no chemical storage, just lights. The applicant’s engineer, Tim Buhl, advised there is no increase in stormwater discharge off of the site. In response to Member Parvizi’s questions, Mr. Porter explained the open v. closed areas of the building. At the close of a brief discussion, a motion was made by Member Renzi to forward the applications 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 #16 of 2021. OTHER DISCUSSION Proposed Solar Moratorium Member Renzi asked Town Attorney DelVecchio to revisit the note he wrote to him that included items the Board should have access to in order to be consistent in their discussion. Attorney DelVecchio answered that a lot of those items were the prerogative of the Town Board. Member Hotchkin asked if there was a time frame for this, and Attorney DelVecchio advised of the next meeting; a public hearing will also be held. The moratorium, he said, would only apply to large-scale systems. It would be for six months unless the Town Board extends it or end it, by resolution. The Town Board has had some discussion about assembling a committee that would make recommendations to the Town Board. A motion was made by Member Renzi to recommend to the Town Board that they adopt the proposed large-scale solar array moratorium. 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 #17 of 2021. (T) Cortlandville Planning Board Regular Meeting Minutes 30 March 2021 Page 4 of 4 EXECUTIVE SESSION At 7:07 p.m., a motion was made by Member Updyke to go into Executive Session to discuss potential litigation. 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. At 7:34 p.m., a motion was made by Chairman Newell to come out of Executive Session. 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. No Actions Taken. ADJOURNMENT At 7:35 p.m., a motion to adjourn the meeting was made by Member Renzi, seconded by Member Updyke, 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 4/25/21. Approved 4/27/21.