HomeMy WebLinkAboutI - 06 County Planning Dept Review & Recommendation - Compagni
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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
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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
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Applicant: Compagni Land Devel. LLC
48 Grant Street
Cortland, NY 13045
Owner: Compagni Land Devel. LLC
48 Grant Street
Cortland, NY 13045
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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.
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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
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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.
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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:
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Alex M. Schultz Trisha Jesset, P.E.
Planner Director of Planning