HomeMy WebLinkAboutI - 23a County Resolution - C'Ville LLC AquiferAM'
Cortland County Planning Department TRisHA R. JEssET, PE
4 60 Central Ave • Cortland, New York 13045-2838 Director of Planning
Telephone: (607) 753-5043 email: tiessetatortland-co.orq
General Municipal Law (GML) Report
TO: Cortland County Planning Board December 10, 2021
FROM: Cortland County Planning Department
RE: GML# 105.00-03-16,-17,-20, & -21— Conditional Permit & Aquifer Protection Special Permit
Applicant: C'Ville, LLC Owner: C'Ville, LLC
2394 US Route 11 2394 US Route 11
Lafayette, NY 13084 Lafayette, NY 13084
SYNOPSIS -
Conditional Permit & Aquifer Protection Special Permit review for the purpose of
retooling an existing dairy manufacturing plant; addition of 1,200 sq. ft. of mechanical space, a
new truck scale/approach, and a small area of additional paving. The property is described as 3156
Byrne Hollow Crossing (Tax ID 105.00-03-16, -17, -20, & -21) within the Town of Cortlandville.
It is zoned I-1 (Light Industrial, Office, Business Park), is within the Aquifer Protection District
(Area 1: Primary Aquifer Area), and is within the Wellhead Protection Zone (Zone la) in
accordance with the Code of the Town of Cortlandville, hereafter the Code. The conditional permit &
aquifer protection special permit review is being referred to the Cortland County Planning Board
because the property is located within 500 ft. of NYS Route 13.
ANALYSIS -
The applicant is requesting a conditional permit & aquifer protection special permit so they
may retool an existing dairy manufacturing plant; add 1,200 sq. ft. of mechanical space, construct a
new truck scale/approach, and pave an additional small area of paving. The existing operation does
not fall under the definition of light industrial; however, industry which is not considered light yet
does not pose a significant adverse risk to water quality, emit any odors, noxious fumes, or degraded
air emissions, smoke, noise, heat, vibration, glare, or radiation that is detectable at the property line is
permitted by conditional permit in I-1 (Light Industrial) districts. Since the applicant is expanding the
operation's use, they have applied for a conditional permit. The development of non-residential real
property exceeding $150,000 in development cost in the aquifer protection district requires an aquifer
protection special permit. As the proposed retooling exceeds $150,000 in development cost, the
applicant has applied for an aquifer protection special permit as well.
This will be the fifth time the County Planning Board has reviewed these properties. The first
three reviews, in 2004, 2008, & 2009 respectively, were all subdivisions that for many reasons
subdivided the original 143.8± acre parcel into multiple smaller parcels ranging from 2.4f to 38.8±
acres. The last of these subdivisions had the goal of creating an industrial park with multiple Build
Now -NY shovel ready sites. This new industrial park dedicated over one mile of new town road and
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installed public water, public sewer, electric, and natural gas lines to service all new sites. The
expectation of multiple new small to medium sized industrial developments in this area was subverted
when one company, the applicant C'Ville LLC a.k.a. Byrne Dairy Inc., bought all available shovel
ready sites to develop one larger industrial / agritourism development. Phase one of this larger
development, developed in 2013, was the fourth time the County Planning Board reviewed this
property.
This site is still subdivided into multiple lots and many buildings on said site exist on multiple
lots. As these buildings have lot lines subdividing through them, they have a Oft setback. Therefore,
they break the setback guidelines outlined in section 178 attachment 6 of the Code. It should be noted
that, except for lot coverage requirements, the figures provided in section 178 attachment 6 of the
Code are guidelines rather than requirements when reviewing uses subject to conditional permit.
As lot coverage is still a requirement; section 178-2.2 A of the Code requires lots located in
the Wellhead Protection Zone la to provide 50% greenspace. In other words, the total impervious
surface cannot exceed 50% of a lot's area. The submitted preliminary site plan does not provide
enough information to definitively determine if this requirement is met; however, with available
information the planning staff estimates the total impervious surface area of parcels 105.00-03-17 &
105.00-03-16 to currently be 2.18± & 2.37± acres respectively. With the proposed additional
impervious surface on these lots, the post -development total impervious surface area is estimated to
be 2.37± & 2.40f respectively. As 50% of the total lot areas are 2.39 & 2.48 respectively, it is not
anticipated that the final total impervious surface area will exceed the required 50% threshold. It is
also not anticipated that the development on parcels 107.00-03-20 & -21 will exceed this 50%
threshold. To confirm that this is true, it is recommended that the applicant provide the Town a final
site plan showing existing lot lines and the total impervious surface of the lots. If the lot coverage
requirements laid out in section 178-2.2 A of the Code are not met, it is farther recommended that the
applicant combine these lots to meet said lot coverage requirements or apply for and obtain an area
variance to waive them.
As this is a relatively small expansion of an existing building, the existing vehicular traffic
access, pedestrian traffic access, fire lane access, and water supply & sewage facilities are anticipated
to be adequate. However, it is recommended that the existing 2013 stormwater pollution prevention
plan (SWPPP) is modified per section 178-90 of the Code due to the total impervious surface being
more than 35% of the postdevelopment lot area unless the applicant combines these lots with enough
continuously owned lots to result in the total impervious surface area becoming less than 35% of the
total postdevelopment lot area.
As the submitted document is a preliminary site plan, it is recommended that a final site plan
be submitted to the Town including all information required by section 178-71 of the Code and
showing compliance with section 178-140 of the Code. It should be noted that this final site plan
should, among other things, include a landscaping plan, a lighting plan, and a vehicular circulation
plan for the truck scale and approach addition.
This addition would add two new driveway entrances along Byrne Hollow Crossing. It is
therefore recommended that the applicant secure driveway permits from the Town Highway
Superintendent for both new driveway entrances.
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Finally, the proposed use is considered an Unlisted Action under SEQR. The applicant will
need to complete Part I of the Short Environmental Assessment Form. Parts II & III should then be
completed by the Town to determine if there may be any significant adverse environmental impacts
as a result of the proposed use.
RECOMMENDATION -
The staff recommends approval of this application for a conditional permit & aquifer
protection special permit to retool an existing dairy manufacturing plant; add 1,200 sq. ft. of
mechanical space, construct a new truck scale/approach, and pave an additional small area of paving
contingent upon the following:
that the applicant provide the Town a final site plan showing existing lot lines and the total
impervious surface of the project lots.
2. that if lot coverage requirements laid out in section 178-2.2 A of the Code of the Town of
Cortlandville are not met, the applicant combine these lots with enough continuously
owned lots to meet said lot coverage requirements or apply for and obtain an area variance
to waive them.
that the existing 2013 stormwater pollution prevention plan (SWPPP) is modified per
section 178-90 of the Code of the Town of Cortlandville unless the applicant combines
these lots with enough continuously owned lots to result in the total impervious surface
area becoming less than 35% of the total postdevelopment lot area.
4. that a final site plan be submitted to the Town including all information required by section
178-71 of the Code of the Town of Cortlandville and showing compliance with section
178-140 of the Code of the Town of Cortlandville.
that the applicant secure driveway permits from the Town Highway Superintendent for
all new driveway entrances.
6. compliance with SEQR requirements.
Prepared by:
Alex M. Schultz
Planner
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Reviewed/revised by:
Trisha Jesset, P. .
Director of Planning
ON THE MOTION OF Paul Slowey RESOLUTION NO. 21-41
Amy Bertini
GML# 105.00-03-16, -17, -20, & -21
Town of Cortlandville
Conditional Permit
& Aquifer Protection Special Permit
C’Ville, LLC
WHEREAS, on November 29, 2021 the Zoning Officer, Town of Cortlandville,
pursuant to General Municipal Law 239 M submitted an application for conditional
permit & aquifer protection special permit because the property is located within 500
feet of NYS Route 13, AND
WHEREAS, the Cortland County Planning Department has reviewed this
request and submitted a written report dated December 10, 2021, which is on file, AND
WHEREAS, the Cortland County Planning Board on December 15, 2021, held a
regular meeting with a quorum and did consider this request, AND
WHEREAS, the Cortland County Planning Board did thoroughly consider the
material submitted by the petitioner, Department comments and all other relevant
reports on file, NOW THEREFORE BE IT
RESOLVED, that the Board recommends approval of this application for
conditional permit & aquifer protection special permit for the purpose of retooling an
existing dairy manufacturing plant; add 1,200 sq. ft. of mechanical space, construct a
new truck scale/approach, and pave an additional small area of paving. The approval of
this application is contingent upon the following:
1. that the applicant provide the Town a final site plan showing existing lot lines
and the total impervious surface of the project lots.
2. that if lot coverage requirements laid out in section 178-2.2 A of the Code of
the Town of Cortlandville are not met, the applicant combine these lots with
enough continuously owned lots to meet said lot coverage requirements or
apply for and obtain an area variance to waive them.
3. that the existing 2013 stormwater pollution prevention plan (SWPPP) is
modified per section 178-90 of the Code of the Town of Cortlandville unless the
applicant combines these lots with enough continuously owned lots to result
in the total impervious surface area becoming less than 35% of the total
postdevelopment lot area.
4. that a final site plan be submitted to the Town including all information
required by section 178-71 of the Code of the Town of Cortlandville and
showing compliance with section 178-140 of the Code of the Town of
Cortlandville.
5. that the applicant secure driveway permits from the Town Highway
Superintendent for all new driveway entrances.
6. compliance with SEQR requirements., AND
BE IT FURTHER RESOLVED, that the Board reminds the Town of
Cortlandville the requirements of General Municipal Law Section 239 M that a
supermajority vote is to be attained by the Town in order to approve this application
unless every contingency documented in this resolution is followed, AND
BE IT FURTHER RESOLVED, that the Planning Department is hereby
authorized to convey this action to the Zoning Officer, Town of Cortlandville.
_______________________________
Wendy Miller, Secretary
Cortland County Planning Board
December 15, 2021
Ayes: 9
Nays: 0