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Home My WebLink AboutOB2 - County Planning Review & Recommendations - Compagni 1 Cortland County Planning Department TRISHA R. JESSET, PE 60 Central Ave • Cortland, New York 13045-2838 Director of Planning Telephone: (607) 753-5043 email: tjesset@cortland-co.org General Municipal Law (GML) Report ______________________________________________________________________________________ TO: Cortland County Planning Board August 10, 2022 FROM: Cortland County Planning Department RE: GML #95.08-01-16.000 – Conditional Permit & Aquifer Protection Special Permit _______________________________________________________________________________________ Applicant: Compagni Land Devel. LLC 48 Grant Street Cortland, NY 13045 Owner: Compagni Land Devel. LLC 48 Grant Street Cortland, NY 13045 ______________________________________________________________________________________ SYNOPSIS - Conditional Permit & Aquifer Protection Special Permit review for the purpose of constructing additional warehouse storage space onto an existing building as well as paving a small additional parking lot space. The property is described as 3737 Luker Road (Tax ID 95.08-01-16.000) within the Town of Cortlandville. It is zoned B-3 (Planned Commercial Business), is within the Aquifer Protection District, and is within the Wellhead Protection Area District (Zone 1a) in accordance with the Code of the Town of Cortlandville, hereafter the Code. The conditional permit and aquifer protection special permit review is being referred to the Cortland County Planning Board because the property is located within 500 ft. of the Cortland County Airport. ______________________________________________________________________________________ ANALYSIS - The applicant is requesting a conditional permit & aquifer protection special permit so they may construct additional warehouse storage space onto an existing building as well as paving a small additional parking lot space. Storage warehouses are permitted in B-3 (Planned Commercial Business) districts subject to conditional permit. Since the applicant is expanding the existing storage warehouse use, they have applied for a conditional permit. §178-46 (B) requires any development, other than residential, within the Aquifer Protection District exceeding $150,000 in development cost to obtain an aquifer protection special permit. As this development exceeds $150,000 in development cost, the applicant has also applied for an Aquifer Protection Special Permit. This is the second application for this parcel that has been referred to the County Planning Board. The first application, in June 2006, was a site plan review and aquifer protection special permit to construct a 4,800 sq. ft. building for use as a commercial retail parts supplier. The application showed plans to construct a second warehouse and to expand the then-proposed warehouse in the future. The current application is to expand said warehouse by 50’, similar to the 60’ expansion shown on the June 2006 application. The June 2006 application was approved contingent upon the following: 1. the applicant submitting driveway/culvert details to and receiving approval of the Town 2 Highway Superintendent for the proposed driveway entrance onto Luker Road. 2. the applicant receiving Town approval of the stormwater pollution prevention plan for the site. 3. Cortland County Health Department approval of the proposed well for the site. 4. Cortland County Health Department approval of the connection to the sanitary sewer system. 5. a negative declaration of environmental impact under SEQR. Sections 178-75, -76, & -77 of the Code outlines the requirements that must be met in order to approve this conditional permit. This expansion meets these requirements as it is compatible with the surrounding community’s character and is in conformance with all applicable requirements. §178-90 of the Code requires the applicant to prepare a stormwater pollution prevention plan (SWPPP) before initiating any land clearing, land grading, earth moving, paving, property subdivisions, or construction or development activities, where such activities otherwise require a special or conditional permit. The SWPPP submitted for the June 2006 application was designed for the original 4800 SF building and a future expansion of 3600 SF. That being said, an addition of up to 3600 SF would be covered under the existing SWPPP. The proposed expansion is 3000 SF of building plus a small additional parking lot space. §178-45 of the Code lists the restrictions and requirements for uses and activities in the aquifer protection district. As this expansion does not involve any of the prohibited / regulated uses and activities listed, it meets these requirements. This expansion meets all the requirements of Article IA “Wellhead Protection Area District” as it does not involve any of the prohibited uses and activities outlined in §178-2.3 D of the Code and does not decrease the parcel’s greenspace below the minimum of 50%. It is estimated that this expansion will decrease the parcel’s greenspace from 80% to 75%. Finally, the proposed use is considered a Type II Action under SEQR. The Town is therefore not required to complete any further SEQR review. ______________________________________________________________________________________ RECOMMENDATION - The staff recommends approval of this application for conditional permit & aquifer protection special permit to construct additional warehouse storage space onto an existing building as well as paving a small additional parking lot space. Prepared by: Reviewed/revised by: _______________ _______________ Alex M. Schultz Trisha Jesset, P.E. Planner Director of Planning Cortland County Planning Department TRisHA R. JESSET, PE 60 Central Ave • Cortland, New York 13045-2838 Director of Planning Telephone: (607) 753-5043 email: tiesset0cortland•co.ora August 19, 2022 TO: Town of Cortlandville Town Board Town of Cortlandville Planning Board FROM: Cortland County Planning Department RE: GML #95.08-01-16.000 — Conditional Permit & Aquifer Protection Special Permit Due to a lack of a quorum at the Cortland County Planning Board's regular meeting on August 17, 2022 the board was unable to officially act on the General Municipal Law 239-m referral for the conditional permit and aquifer protection special permit requested by Compagni Land Development LLC received on July 27, 2022. Therefore, we are forwarding the Cortland County Planning Department staff report to you without a recommendation from the County Planning Board. The board apologizes for any inconvenience this may have caused. Planning department staff recommended approval of this application without conditions in our report. As outlined in General Municipal Law 239-m (4) (b) the Town may take final action on the requested conditional permit and aquifer protection special permit without a recommendation from the County Planning Board. If the Town still feels that a full review by the County Planning Board is necessary, please contact the County Planning Department to be put on the agenda for the board's next regular meeting in September. Sincerely, Alex M. Schultz Planner \- . Trisha Jesset, P.E. Director of Planning 1