HomeMy WebLinkAboutI - 13 Regan - Aquifer Protection PermitTOWN OF CORTLAND'VTLLE
3577 TERRACE ROAD
CORTLAND, NEW YOR.K 13045-3552
AOUIFER PROTECTION DISTRICT SPECIAL PERMIT'
APPLICANT Fee Paid
Larry Regan of
Name Regan Development Phone 914-693-6613
AC3dMS 1055 Saw Mill Road #204, Ardsley NY 10502
PROPERTY OWNER
Name Joesph and Dante Armideo
Address 61 James Street, Homer, NY 10377
If aEpplic&1
offiic = and crwwtors on reverse side.
PROPERTY INFORMATION
Location of property 178 NYS Route 13
Tax Map No. of ParCe 96,13-01-02,110
PROPERTY ACQUIREI .
IS PROPERTY IN FLOOD PLAIN? x
AQUIFER PROTECTION AREA 1A and 2
ZONING DISTRICT B-3
Information to be proNvic
Zoning Lave.
DATE OF APPLICATION 7118/22
PERMIT GRANTED
PERMIT DENJED
607-758-8200
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Full Environmental Assessment Form
Part 1- Project and Setting
Instructions for Completing Part 1
Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding,
are subject to public review, and may be subject to further verification.
Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to
any item, please answer as thoroughly as possible based on current information; indicate whether missing information does not exist,
or is not reasonably available to the sponsor; and, when possible, generally describe work or studies which would be necessary to
update or fully develop that information.
Applicants/sponsors must complete all items in Sections A & B. In Sections C, D & E, most items contain an initial question that
must be answered either "Yes" or "No". If the answer to the initial question is "Yes", complete the sub -questions that follow. If the
answer to the initial question is "No", proceed to the next question. Section F allows the project sponsor to identify and attach any
additional information. Section G requires the name and signature of the applicant or project sponsor to verify that the information
contained in Part 1 is accurate and complete.
A. Project and Applicant/Sponsor Information.
Name of Action or Project:
Mixed Use Site Plan
Project Location (describe, and attach a general location map):
978 NYS Route 13
Brief Description of Proposed Action (include purpose or need):
The proposed project involves the construction of one mixed -use building and surface parking lots. One building will be a 4-story mixed use building, in
which it will contain multi -family units and commercialfretail space on the first floor. The mix use building will contain 68 multi -family units and 6,278 sf of
retail space in the 4-story building. This building is 21,636 sf per floor or 86,544 total sf.
Namc of Applicant/Sponsor:
Larry Regan
Address: 1055 Saw Mill River Road #204
City/PO- Ardsley
Project Contact (if not same as sponsor; give name and title/role)
James Easton (Project Engineer)
Address:
621 Columbia Street EXt.
City/PO:
Cohoes
Property Owner (if not same as sponsor):
Joesph and Dante Armideo
Address:
61 James Street
City/PO: Hamer
Page 1 of 13
Telephone:914-693-6612
E-Mail : larry@regandevelopment.com
State: NY I Zip Code: 10502
Telephone: 518-785-9000
E-Mail: jeaston@thepdmecompanies.eom
State: Zip Code:
NY 12047
Telephone: 607-758-8200
E-Mail:
State: NY I Zip Code:10377
B. Government Approvals
B. Government Approvals, Funding, or Sponsorship. ("Funding" includes grants, loans, tax relief, and any other forms of financial
assistance.)
Government Entity
a. City Counsel, Town Board, ®Yes❑No
or Village Board of Trustees
b. City, Town or Village ®Yes❑No
Planning Board or Commission
c. City, Town or ®Yes❑No
Village Zoning Board of Appeals
d. Other local agencies ❑Yes❑No
If Yes: Identify Agency and Approval(s)
Required
Town Board (water/sewer district extension)
Planning Board (Conditional permits)
ZBA (Area Variance)
Application Date
(Actual or projected)
November 2022
July 2022
August 2022
e. County agencies ®Yes❑No Cortland (planning), Cortland County Health November 2022
Department for Water and Sewer extensions
f. Regional agencies ❑Yes❑No
g. State agencies ®Yes❑No NYSDOT (highway work permit), NYSDEC , November 2022
NYSOPRHP, NYSHCR. NYSDOH
h. Federal agencies ❑Yes❑No
i. Coastal Resources.
i. Is the project site within a Coastal Area, or the waterfront area of a Designated Inland Waterway? ❑Yes®No
U. Is the project site located in a community with an approved Local Waterfront Revitalization Program? ❑ Yes®No
iif. Is the project site within a Coastal Erosion Hazard Area? ❑ Yes®No
C. Planning and Zoning
C.1. Planning and zoning actions.
Will administrative or legislative adoption, or amendment of a plan, local law, ordinance, rule or regulation be the
❑Yes®No
only approval(s) which must be granted to enable the proposed action to proceed?
■ If Yes, complete sections C, F and G.
■ If No, proceed to question C.2 and complete all remaining sections and questions in Part 1
C.2. Adopted land use plans.
a. Do any municipally- adopted (city, town, village or county) comprehensive land use plan(s) include the site
®Yes❑No
where the proposed action would be located?
If Yes, does the comprehensive plan include specific recommendations for the site where the proposed action
❑Yes®No
would be located?
b. Is the site of the proposed action within any local or regional special planning district (for example: Greenway;
®Yes❑No
Brownfield Opportunity Area (BOA); designated State or Federal heritage area; watershed management plan;
or other?)
If Yes, identify the plan(s):
NYS Major Basins:Upper Susquehanna
c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, ❑Yes®No
or an adopted municipal farmland protection plan?
If Yes, identify the plan(s):
Page 2 of 13
C.3. Zoning
a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance.
If Yes, what is the zoning classification(s) including any applicable overlay district?
B-3
b. Is the use permitted or allowed by a special or conditional use permit?
c. Is a zoning change requested as part of the proposed action?
If Yes,
L What is the proposed new zoning for the site?
CA. Existing community services.
a. In what school district is the project site located? Cortland School District
b. What police or other public protection forces serve the project site?
Cortland Sheriff Department and NYS Police
c. Which fire protection and emergency medical services serve the project site?
Cortlandville Fire department
d. What parks serve the project site?
Gutchess Lumber Sports Complex & Town Park
❑. Project Retails
D.I. Proposed and Potential Development
® Yes❑No
® Yes❑No
❑ Yes ®No
a. What is the general nature of the proposed action (e.g., residential, industrial, commercial, recreational; if mixed, include all
components)? Mixed use. Multi -Family and commerical
b. a. Total acreage of the site of the proposed action? 18.2o acres
b. Total acreage to be physically disturbed? 5.o acres
c. Total acreage (project site and any contiguous properties) owned
or controlled by the applicant or project sponsor? 18.20 acres
c. Is the proposed action an expansion of an existing project or use? ❑ Yes® No
i. If Yes, what is the approximate percentage of the proposed expansion and identify the units (e.g., acres, miles, housing units,
square feet)? % Units:
d. Is the proposed action a subdivision, or does it include a subdivision? ❑Yes ®No
If Yes,
i. Purpose or type of subdivision? (e.g., residential, industrial, commercial; if mixed, specify types)
ii. Is a cluster/conservation layout proposed? ❑Yes ®No
iii. Number of lots proposed?
iv. Minimum and maximum proposed lot sizes? Minimum Maximum
e. Will the proposed action be constructed in multiple phases? ❑Yes®No
i. If No, anticipated period of construction: 18 months
iL If Yes:
• Total number of phases anticipated
• Anticipated commencement date of phase 1 (including demolition) month year
• Anticipated completion date of final phase month wear
• Generally describe connections or relationships among phases, including any contingencies where progress of one phase may
determine timing or duration of future phases:
Page 3 of 13
f. Does the project include new residential uses?
If Yes, show numbers of units proposed.
One Family Two Family Three Family Multiple Family Lf6ur or more
Initial Phase 68
At completion
of all phases 68
g. Does the proposed action include new non-residential construction (including expansions)?
If Yes,
i. Total number of structures
ii. Dimensions (in feet) of largest proposed structure: height; width; and length
iii. Approximate extent of building space to be heated or cooled: square feet
h. Does the proposed action include construction or other activities that will result in the impoundment of any
liquids, such as creation of a water supply, reservoir, pond, lake, waste lagoon or other storage?
If Yes,
L Purpose of the impoundment: 5tormwater Management
®Yes❑ No
❑Yes®No
® Yes ❑No
ii. If a water impoundment, the principal source of the water: ❑ Ground water ❑ Surface water streams 00ther specify:
5tormwater runoff
iii. If other than water, identify the type of impounded/contained liquids and their source.
iv. Approximate size of the proposed impoundment. Volume: 0.3 million gallons; surface area: 0,6 acres
v, Dimensions of the proposed dam or impounding structure: 4 height; 100 length
vi. Construction method/materials for the proposed dam or impounding structure (e.g., earth fill, rock, wood, concrete):
earth cut
D.2. Project Operations
a. Does the proposed action include any excavation, mining, or dredging, during construction, operations, or both? ❑YesoNo
(Not including general site preparation, grading or installation of utilities or foundations where all excavated
materials will remain onsite)
If Yes:
i .What is the purpose of the excavation or dredging?
ii. How much material (including rock, earth, sediments, etc.) is proposed to be removed from the site?
■ Volume (specify tons or cubic yards):
• Over what duration of time?
W. Describe nature and characteristics of materials to be excavated or dredged, and plans to use, manage or dispose of them.
iv. Will there be onsitc dewatcring or processing of excavated materials? ❑YcsoNo
If yes, describe.
v. What is the total area to be dredged or excavated? acres
vi. What is the maximum area to be worked at any one time? acres
vii. What would be the maximum depth of excavation or dredging? feet
viii. Will the excavation require blasting? ❑Yesp]No
ix. Summarize site reclamation goals and plan:
b. Would the proposed action cause or result in alteration of, increase or decrease in size of, or encroachment ❑YesoNo
into any existing wetland, waterbody, shoreline, beach or adjacent area?
If Yes:
i. Identify the wetland or waterbody which would be affected (by name, water index number, wetland map number or geographic
description):
Page 4 of 13
ii. Describe how the proposed action would affect that waterbody or wetland, e.g. excavation, fill, placement of structures, or
alteration of channels, banks and shorelines. Indicate extent of activities, alterations and additions in square feet or acres:
iii. Will the proposed action cause or result in disturbance to bottom sediments? ❑YcsONo
If Yes, describe:
iv. Will the proposed action cause or result in the destruction or removal of aquatic vegetation? ❑ Yes®No
If Yes:
• acres of aquatic vegetation proposed to be removed:
• expected acreage of aquatic vegetation remaining after project completion:
• purpose of proposed removal (e.g. beach clearing, invasive species control, boat access):
• proposed method of plant removal:
• if chemical/herbicide treatment will be used, specify products):
v. Describe any proposed reclamation/mitigation following disturbance:
c. Will the proposed action use, or create a new demand for water?
®Yes ❑No
If Yes:
i. Total anticipated water usage/demand per day: 13,400 gallons/day
ii. Will the proposed action obtain water from an existing public water supply?
®Yes ❑No
If Yes:
• Name of district or service area: Cortlandville Water District
• Does the existing public water supply have capacity to serve the proposal?
® Yes[] No
• Is the project site in the existing district?
® Yes❑ No
• Is expansion of the district needed?
❑ Yes® No
• Do existing lines serve the project site?
m Yes❑ No
tit. Will line extension within an existing district be necessary to supply the project?
®Yes ❑No
If Yes:
• Describe extensions or capacity expansions proposed to serve this project:
8-inch water service lateral to building
• Source(s) of supply for the district: Cortlandville Water District
iv. Is a new water supply district or service area proposed to be farmed to serve the project site? ❑ Yes®No
If, Yes;
• Applicant/sponsor for new district:
• Date application submitted or anticipated:
• Proposed source(s) of supply for new district:
v. If a public water supply will not be used, describe plans to provide water supply for the project:
vi. If water supply will be from wells (public or private), what is the maximum pumping capacity; gallons/minute.
d. Will the proposed action generate liquid wastes? ® Yes ❑No
If Yes:
i. Total anticipated liquid waste generation per day: 13,400 gallons/day
ii. Nature of liquid wastes to be generated (e.g., sanitary wastewater, industrial; if combination, describe all components and
approximate volumes or proportions of each):
Sanitary Wastewater
iii. Will the proposed action use any existing public wastewater treatment facilities? ®Yes[3No
If Yes:
• Name of wastewater treatment plant to be used: Cortland wastewater treatment plant
• Name of district: Cortlandville sewer
• Does the existing wastewater treatment plant have capacity to serve the project? ®Yes ❑No
• Is the project site in the existing district? ❑YesOlo
Is expansion of the district needed? ®Yes ❑No
Page 5 of 13
Do existing sewer lines serve the project site?
Will a line extension within an existing district be necessary to serve the project?
❑Yes ®No
®Yes❑No
If Yes:
Describe extensions or capacity expansions proposed to serve this project:
Proposed 8-inch gravity sewer to existing g ravity sewer on NYS Route 13. From the site to Cortland waste water treatment plant is gravity flow and there
are no know capacity issues at plant or in gravity sewer lines per Town of Cortland
iv. Will a new wastewater (sewage) treatment district be formed to serve the project site?
If Yes:
❑Yes®No
• Applicant/sponsor for new district:
• Date application submitted or anticipated:
• What is the receiving water for the wastewater discharge?
V. If public facilities will not be used, describe plans to provide wastewater treatment for the project, including specifying proposed
receiving water (name and classification if surface discharge or describe subsurface disposal plans):
vi. Describe any plans or designs to capture, recycle or reuse liquid waste:
e. Will the proposed action disturb more than one acre and create stormwater runoff, either from new point ®Yes❑No
sources (i.e. ditches, pipes, swales, curbs, gutters or other concentrated flows of stormwater) or non -point
source (i.e. sheet flow) during construction or post construction'?
If Yes:
i. How much impervious surface will the project create in relation to total size of project parcel?
Square feet or 3.5 acres (impervious surface)
Square feet or ts.2 acres (parcel size)
ii. Describe types of new point sources Stormwater runoff
iii. Where will the stormwater runoff be directed (i.e. on -site stormwater management facility/structures, adjacent properties,
groundwater, on -site surface water or off -site surface waters)?
Infiltration basin
If to surface waters, identify receiving water bodies or wetlands:
• Will stormwater runoff flow to adjacent properties? ❑Yes® No
iv. Does the proposed plan minimize impervious surfaces, use pervious materials or collect and re -use stormwater? ®Yes❑ No
f. Does the proposed action include, or will it use on -site, one or more sources of air emissions, including fuel
combustion, waste incineration, or other processes or operations?
If Yes, identify:
i. Mobile sources during project operations (e.g., heavy equipment, fleet or delivery vehicles)
ii. Stationary sources during construction (e.g., power generation, structural heating, batch plant, crushers)
iii. Stationary sources during operations (e.g., process emissions, large boilers, electric generation)
g. Will any air emission sources named in D.2.f (above), require a NY State Air Registration, Air Facility Permit,
or Federal Clean Air Act Title IV or Title V Permit?
If Yes:
i. Is the project site located in an Air quality non -attainment area? (Area routinely or periodically fails to meet
ambient air quality standards for all or some parts of the year)
ti. In addition to emissions as calculated in the application, the project will generate:
• Tons/year (short tons) of Carbon Dioxide (COZ)
• Tons/year (short tons) of Nitrous Oxide (N70)
• Tons/year (short tons) of Perfluorocarbons (PFCs)
• Tons/year (short tons) of Sulfur Hexafluoride (SF6)
• Tons/year (short tons) of Carbon Dioxide equivalent of Hydroflourocarbons (HFCs)
• Tons/year (short tons) of Hazardous Air Pollutants (HAPs)
Page 6 of 13
❑Yes ®No
❑Yes ®No
[]Yes [ --]No
h. Will the proposed action generate or emit methane (including, but not limited to, sewage treatment plants, ❑Yeso No
landfills, composting facilities)?
If Yes:
i. Estimate methane generation in tons/year (metric):
ii. Describe any methane capture, control or elimination treasures included in project design (e.g., combustion to generate heat or
electricity, flaring):
i. Will the proposed action result in the release of air pollutants from open-air operations or processes, such as ❑Yes[Z No
quarry or landfill operations?
If Yes: Describe operations and nature of emissions (e.g., diesel exhaust, rock particulates/dust):
j. Will the proposed action result in a substantial increase in traffic above present levels or generate substantial MYes❑No
new demand for transportation facilities or services?
If Yes:
i. When is the peak traffic expected (Check all that apply): ® Morning ® Evening ®Weekend
❑ Randomly between hours of to
ii. For commercial activities only, projected number of truck trips/day and type (e.g., semi trailers and dump trucks):
iii. Parking spaces: Existing 0 Proposed 112 Net increaseldecreasc 112
iv. Does the proposed action include any shared use parking? DYes ONo
v. If the proposed action includes any modification of existing roads, creation of new roads or change in existing access, describe:
vi. Are public/private transportation service(s) or facilities available within''/2 mile of the proposed site? [ZYes❑No
vii Will the proposed action include access to public transportation or accommodations for use of hybrid, electric [ZYes❑No
or other alternative fueled vehicles?
viii. Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing ®Yes❑No
pedestrian or bicycle routes?
k. Will the proposed action (for commercial or industrial projects only) generate new or additional demand ®Yes❑No
for energy?
If Yes:
i. Estimate annual electricity demand during operation of the proposed action:
780 mhw
ii. Anticipated sources/suppliers of electricity for the project (e.g., on -site combustion, on -site renewable, via grid/local utility, or
other):
Local Utility
iii. Will the proposed action require a new, or an upgrade, to an existing substation? ❑Yes[Z No
1. Hours of operation. Answer all items which apply.
i. During Construction:
• Monday - Friday: 7 am to 7 pm
Saturday:
Sunday:
Holidays:
7amto7nm
ii. During Operations.
• Monday - Friday:
• Saturday.
• Sunday:
• Holidays:
Page 7 of 13
Retail Bam to 8pm, 24 hous Apt.
Retail Gam to 8om, 24 hous Apt
Retail Bam to 8pm, 24 hous Apt
Retail Bam to 8pm, 24 hous Apt
m. Will the proposed action produce noise that will exceed existing ambient noise levels during construction, ® Yes ❑No
operation, or both?
If yes:
i. Provide details including sources, time of day and duration:
Construction equipment (excavator, bulldozer, etc.) from 7 am to 7 pm
ti. Will the proposed action remove existing natural barriers that could act as a noise barrier or screen? ❑ Yes ®No
Describe:
n. Will the proposed action have outdoor lighting? ®Yes❑No
If yes:
i. Describe source(s), location(s), height of fixture(s), direction/aim, and proximity to nearest occupied structures:
Site Lighting conforming to town code on height and dark skies policy
ii. Will proposed action remove existing natural barriers that could act as a light barrier or screen? ❑ Yes ®No
Describe:
o. Does the proposed action have the potential to produce odors for more than one hour per day? ❑ Yes ®No
If Yes, describe possible sources, potential frequency and duration of odor emissions, and proximity to nearest
occupied structures:
p. Will the proposed action include any bulk storage of petroleum (combined capacity of over 1,100 gallons) ❑ Yes ®No
or chemical products 185 gallons in above ground storage or any amount in underground storage?
If Yes:
i. Product(s) to be stored
ii. Volume(s) per unit time (e.g., month, year)
iii. Generally, describe the proposed storage facilities:
q. Will the proposed action (commercial, industrial and recreational projects only) use pesticides (i.e., herbicides, ❑ Yes ®No
insecticides) during construction or operation'?
If Yes:
i. Describe proposed treatment(s):
ii. Will the proposed action use Integrated Pest Management Practices? ❑ Yes El No
r. Will the proposed action (commercial or industrial projects only) involve or require the management or disposal ® Yes ❑No
of solid waste (excluding hazardous materials)?
If Yes:
i. Describe any solid waste(s) to be generated during construction or operation of the facility:
• Construction: 4 tons per week (unit of time)
• Operation : 1.2 tons per week (unit of time)
it. Describe any proposals for on -site minimization, recycling or reuse of materials to avoid disposal as solid waste:
• Construction: Recycle re -usable materials and ordering correct material
• Operation: To Cortland County Solid Waste Facility and separation per county requirements.
iii. Proposed disposal methods/facilities for solid waste generated on -site:
• Construction: To Cortland County Solid Waste Facility
• Operation: To Cortland County Solid Waste Facility
Page 8 of 13
s. Does the proposed action include construction or modification of a solid waste management facility? ❑ Yes ® No
If Yes:
i. Type of management or handling of waste proposed for the site (e.g., recycling or transfer station, composting, landfill, or
other disposal activities):
ii. Anticipated rate of disposal/processing:
• Tons/month, if transfer or other non-combustion/thermal treatment, or
• Tons/hour, if combustion or thermal treatment
iii. If landfill, anticipated site life: years
t. Will the proposed action at the site involve the commercial generation, treatment, storage, or disposal of hazardous ❑Yes®No
waste?
If Yes:
i. Name(s) of all hazardous wastes or constituents to be generated, handled or managed at facility:
ii. Generally describe processes or activities involving hazardous wastes or constituents:
iii. Specify amount to be handled or generated tons/month
iv. Describe any proposals for on -site minimization, recycling or reuse of hazardous constituents:
v. Will any hazardous wastes be disposed at an existing offsite hazardous waste facility?
If Yes: provide name and location of facility:
If No: describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility:
E. Site and Setting of Proposed Action
E.I. Land uses on and surrounding the project site
a. Existing land uses.
i. Check all uses that occur on, adjoining and near the project site.
❑ Urban ❑ Industrial ® Commercial ❑ Residential (suburban) ❑ Rural (non -farm)
® Forest ❑ Agriculture ❑ Aquatic ® Other (specify): Trailer Park
ii. If mix of uses, generally describe:
b. Land uses and covertypes on the project site.
❑Yes❑No
Land use or Current Acreage After Change
Covertype Acreage Project Completion (Acres +1-)
• Roads, buildings, and other paved or impervious 15 +3 5
surfaces
• Forested 15.0 12.0 -3.0
Meadows, grasslands or brushlands (non- 3.0 1 L -2.0
agricultural, including abandoned agricultural)
I. Agricultural
(includes active orchards, field, greenhouse etc.)
• Surface water features 0.2 0.2 0.0
(lakes, ponds, streams, rivers, etc.)
• Wetlands (freshwater or tidal)
• Non -vegetated (bare rock, earth or fill)
• Other
Describe: Grass 1.5 +1.5
Page 9 of 13
c. Is the project site presently used by members of the community for public recreation?
i. If Yes. explain:
❑ Yes❑ No
d. Are there any facilities serving children, the elderly, people with disabilities (e.g., schools, hospitals, licensed ❑Yes®No
day care centers, or group homes) within 1500 feet of the project site?
If Yes,
i. Identify Facilities:
e. Does the project site contain an existing dam? ❑Yes®No
If Yes:
i. Dimensions of the dam and impoundment:
• Dam height: feet
• Dam length: feet
• Surface area: acres
■ Volume impounded: gallons OR acre-feet
ii. Dam's existing hazard classification:
iii. Provide date and summarize results of last inspection:
f. Has the project site ever been used as a municipal, commercial or industrial solid waste management facility, ❑Yes®No
or does the project site adjoin property which is now, or was at one time, used as a solid waste management facility?
If Yes:
i. Has the facility been formally closed? El Yes[] No
■ If yes, cite sources/documentation:
ii. Describe the location of the project site relative to the boundaries of the solid waste management facility:
W. Describe any development constraints due to the prior solid waste activities:
g. Have hazardous wastes been generated, treated and/or disposed of at the site, or does the project site adjoin ❑Yes®No
property which is now or was at one time used to commercially treat, store and/or dispose of hazardous waste?
If Yes:
i. Describe waste(s) handled and waste management activities, including approximate time when activities occurred:
h. Potential contamination history. Has there been a reported spill at the proposed project site, or have any ❑ Yes® No
remedial actions been conducted at or adjacent to the proposed site?
If Yes:
i. Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site ❑ Yes[] No
Remediation database? Check all that apply:
❑ Yes — Spills Incidents database Provide DEC ID number(s):
❑ Yes — Environmental Site Remediation database Provide DEC ID number(s):
❑ Neither database
ii. If site has been subject of RCRA corrective activities, describe control measures:
iii. Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? ❑Yes®No
If yes, provide DEC ID number(s):
iv. If yes to (i), (ii) or (iii) above, describe current status of site(s):
Page 10 of 13
v. Is the project site subject to an institutional control limiting property uses?
• If yes, DEC site ID number;
• Describe the type of institutional control (e.g., deed restriction or easement):
• Describe any use limitations:
■ Describe any engineering controls:
• Will the project affect the institutional or engineering controls in place?
• Explain:
E.2. Natural Resources On or Near Project Site
a. What is the average depth to bedrock on the project site? Greater than 10 feet
b. Are there bedrock outcroppings on the project site?
If Yes, what proportion of the site is comprised of bedrock outcroppings? %
c. Predominant soil type(s) present on project site: Valois -Howard
Cadosia-Lordstown
Phelps
d. What is the average depth to the water table on the project site? Average: > 8 feet
e. Drainage status of project site soils:® Well Drained: 66 % of site
® Moderately Well Drained: 34 % of site
❑ Poorly Drained % of site
f, Approximate proportion of proposed action site with slopes: [7 0-10%; _3�°/o of site
10-15%: 40 % of site
Z 15% or greater: 30 % of site
g. Are there any unique geologic features on the project site?
If Yes, describe:
h. Surface water features
66 %
18 %
16%
❑ Yes®No
❑ Yes®No
❑ Yes®No
❑ Yes®No
i. Does any portion of the project site contain wetlands or other waterbodies (including streams, rivers, ®Yes❑No
ponds or lakes)?
ii. Do any wetlands or other waterbodies adjoin the project site? ®Yes❑No
If Yes to either i or it, continue. If No, skip to E.2.i.
iii. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, OYes❑No
state or local agency?
iv. For each identified regulated wetland and waterbody on the project site, provide the following information.
• Streams: Name 931-449 Classification 0
Lakes or Ponds: Name Classification _
• Wetlands: Name Federal Waters, Federal Waters, Federal Waters,... Approximate Size
• Wetland No. (if regulated by DEC)
v. Are any of the above water bodies listed in the most recent compilation of NYS water quality -impaired
waterbodies?
If yes, name of impaired water bodylbodies and basis for listing as impaired:
i. Is the project site in a designated Floodway?
j. Is the project site in the 100-year Floodplain?
k. Is the project site in the 500-year Floodplain?
1. Is the project site located over, or immediately adjoining, a primary, principal or sole source aquifer?
If Yes:
i. Name of aquifer: Principal Aquifer, Primary Aquifer, Sole Source Aquifer Names:Cortland-Homer Pre61e SSA
Page 11 of 13
❑ Yes &nNo
®Yes []No
OYes ❑No
® Yes ❑No
EZYes ❑No
in. Identify the predominant wildlife species that occupy or use the project site:
Deer rabbits
squirrels
mice
n. Does the project site contain a designated significant natural community? ❑Yes®No
If Yes:
i. Describe the habitat/community (composition, function, and basis for designation):
ii. Source(s) of description or evaluation:
iii. Extent of community/habitat:
■ Currently: acres
• Following completion of project as proposed: acres
• Gain or loss (indicate + or -): acres
o. Does project site contain any species of plant or animal that is listed by the federal government or NYS as ❑ Yes®No
endangered or threatened, or does it contain any areas identified as habitat for an endangered or threatened species?
If Yes:
t. Species and listing (endangered or threatened):
p. Does the project site contain any species of plant or animal that is listed by NYS as rare, or as a species of
special concern?
If Yes:
i. Species and listing:
q. Is the project site or adjoining area currently used for hunting, trapping, fishing or shell fishing?
If yes, give a brief description of how the proposed action may affect that use:
E.3. Designated Public Resources On or Near Project Site
a. Is the project site, or any portion of it, located in a designated agricultural district certified pursuant to
Agriculture and Markets Law, Article 25-AA, Section 303 and 304?
If Yes, provide county plus district name/number:
b. Are agricultural lands consisting of highly productive soils present?
i. If Yes: acreage(s) on project site?
ii. Source(s) of soil rating(s):
c. Does the project site contain all or part of, or is it substantially contiguous to, a registered National
Natural Landmark?
If Yes:
i. Nature of the natural landmark: ❑ Biological Community ❑ Geological Feature
U. Provide brief description of landmark, including values behind designation and approximate size/extent:
d. Is the project site located in or does it adjoin a state listed Critical Environmental Area?
If Yes:
i. CEA name.-
U. Basis for designation:
W. Designating agency and date:
Page 12 of 13
❑Yes®No
❑YesoNo
❑Yes®No
❑Yes®No
❑Yes®No
❑Yes®No
e. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district ❑ Yes® No
which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS
Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places?
If Yes:
i. Nature of historic/archaeological resource: El Archaeological Site ❑Historic Building or District
ii. Name:
iii. Brief description of attributes on which listing is based:
f. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for
❑Yes®No
archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory?
g. Have additional archaeological or historic site(s) or resources been identified on the project site?
❑Yes®No
If Yes:
i. Describe possible resource(s):
ii. Basis for identification:
h. Is the project site within fives miles of any officially designated and publicly accessible federal, state, or local
❑Yes®No
scenic or aesthetic resource?
If Yes:
i. Identify resource:
ii. Nature of, or basis for, designation (e.g., established highway overlook, state or local park, state historic trail or scenic byway,
etc.):
X. Distance between project and resource: miles.
i. Is the project site located within a designated river corridor under the Wild, Scenic and Recreational Rivers
❑Yes®No
Program 6 NYCRR 666?
If Yes:
i. Identify the name of the river and its designation:
ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 666?
❑Yes❑No
F. Additional Information
Attach any additional information which may be needed to clarify your project.
If you have identified any adverse impacts which could be associated with your proposal, please describe those impacts plus any
measures which you propose to avoid or minimize them.
G. Verification
I certify that the information provided is true to the best of my knowledge.
Applicant/Sponsor Name .lames Easton
Signature
Date 7I19122
Title Project Engineer
PRINT FORM I Page 13 of 13
EAF Mapper Summary Report
Tuesday, July 19, 2022 8:46 AM
1
;t r
;armirt GS, Inkennap INCREMENTP. NP.Can, Es Japan. 1AE11, Es China (Hong KonS#, E s n
Kor sri {ThailanCQ, lJGCC,- (c) OpeiStreatAap contnbutors. and the GIS User Comm unity
B.i.i [Coastal or Waterfront Area]
B.i.ii [Local Waterfront Revitalization Area]
C.2.b. [Special Planning District]
C.2.b. [Special Planning District - Name]
E.1.h [DEC Spills or Remediation Site -
Potentiai Contamination History]
E.1.h.i [DEC Spills or Remediation Site -
Listed]
E.1.h.i [DEC Spills or Remediation Site -
Environmental Site Remediation Database]
E.1.h.iii [Within 2,000' of DEC Remediation
Site]
E.2.g [Unique Geologic Features]
E.2.h.1 [Surface Water Features]
E.2.h.ii [Surface Water Features]
E.2.h.iii [Surface Water Features]
E.2.h.1v [Surface Water Features - Stream
Name]
E.2.h.ly [Surface Water Features - Stream
Classification]
E.2.h.iv [Surface Water Features - Wetlands
Name]
E.2.h.v [Impaired Water Bodies]
E.2.i. [Floodway]
E.2.j. [100 Year Floodplain]
Disclaimer. The EAF Mapper is a screening tool intended to assist
project sponsors and reviewing agencies in preparing an environmental
assessment form (EAF)- Not all questions asked in the EAF are
answered by the EAF Mapper- Additional information on any EAF
question can be obtained by consulting the EAF Workbooks. Although
the EAF Mapper provides the most up-to-date digital data available to
DEC. you may also need to contact local or other data sources in order
to obtain data not provided by the Mapper. Digital data is not a
substitute for agency determinations-
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£(gh0I)e7S13'e&Aap Cantnb1JjQyJJ1e GIS UserCal7ununity
No
No
Yes - Digital mapping data are not available for all Special Planning Districts.
Refer to EAF Workbook.
NYS Major Basins:Upper Susquehanna
Digital mapping data are not available or are incomplete. Refer to EAF
Workbook.
Digital mapping data are not available or are incomplete. Refer to EAF
Workbook.
Digital mapping data are not available or are incomplete. Refer to EAF
Workbook.
No
No
Yes
Yes
Yes - Digital mapping information on local and federal wetlands and
waterbodies is known to be incomplete. Refer to EAF Workbook.
931-449
C
Federal Waters
No
Yes
Yes
Full Environmental Assessment Form - EAF Mapper Summary Report I
E.2.k. [500 Year Floodplain]
E.2.1. [Aquifers]
E.2.1. [Aquifer Names]
E.2.n. [Natural Communities]
E.2.o. [Endangered or Threatened Species]
E.2.p. [Rare Plants or Animals]
E.3.a. [Agricultural District]
E.3.c. [National Natural Landmark]
E.3.d [Critical Environmental Area]
E.3.e. [National or State Register of Historic
Places or State Eligible Sites]
E.3.f. [Archeological Sites]
E.3.i. [Designated River Corridor]
Yes
Yes
Principal Aquifer, Primary Aquifer, Sole Source Aquifer Names:Cortland-
Homer Preble SSA
No
No
No
No
No
No
Digital mapping data are not available or are incomplete. Refer to EAF
Workbook.
No
No
Full Environmental Assessment Form - EAF Mapper Summary Report 2
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•21 JN
TOWN OF CORTLANDVILLE
3577 TERRACE ROAD
CORTLAND, NY 13045
ZONING BOARD OF APPEALS
AREA VARIANCE FINDINGS & DECISION
Applicant: Larry Regan of Regan Development Phone#: 914-693-6613
Address: 1055 Saw Mill Road #204, Ardsley NY 10502 Fee:
Property Owner: Joesph and Dante Armideo
Appeal Concerns Property at the following address: 978 NYS Route 13
Tax Map #: 96.13-01-02.110
Zoning District Classification: B-3
Use for which Variance is requested:
Applicable Section(s) of Zoning code 17-76-A:5,-; -
Signature: Date: 8/18122
TEST: No area variance wil a granted without a consideration by the board of the following factors:
1.. Whether an undesirable change would be produced in character of neighborhood or a
detriment to nearby properties, Yes X No,
Reason: The pa to the sauth anr1 ?act ara %(avant nr vy ll not ha rJPvPlnnarl Tha narnel tq_
the north and west are commercial businesses. Therefore no undesirable change to
the character of the neighborhood is anticipated by this variances.
2. Whether benefit sought: by applicant can be achieved by feasible altemative to the variance:
Yes No_ _ ?C
Reason:- Mixed Use building in suburban setting can be difficult to occupy. We what to limit the
commercial tenant space in the mixed use building so compatible uses between commercial
tenant and renters can be achieved. Lastly based upon the site plan the location of business is
over 400 feet from NYS Route 13, thus limited tenant occupancy is anticipated for this building
due to the lack of visibility. Also the rear setback relief cannot be achieved as by other means
as the existing water course cannot be altered and NYS fire code requires certain distances
from building to fire lanes.
Zoning Board of Appeals Area Variance Findings & Decision
3. Whether the requested variance is substantial: Yes N❑ x
Reason:. No the area variance is not substantial as commercial square footage proposed is set so
far back from NYS Route 13, shape of lot and environmental constraints limit commercial
retail development on the parcel.
4. Would the variance have an adverse impact on the physical ❑r environmental conditions in the
neighborhood: Yes -No X
Reason:_ Reducing the required commercial square footage within ❑ne building does not impact the
physical or environmental conditions.
S. Whether the alleged difficulty was self-created: Yes N❑ x
Reason:_ Where the mixed use building is located far from NYS Route 13 and the lack of visibility to
Route 13 is a concern in finding commercial tenants to fill the space. Also the applicant
seeks compatible uses between commercial tenants and rents so not to adversely affect
renters.
DETERMINATION OF ZBA BASE❑ ON THE ABOVE FIVE FACTORS:
The ZBA, after taking into consideration the above five factors, finds that:
The Benefit to the Applicant DOES NOT outweigh the Detriment to the Neighborhood or
Community and therefore the variance request is denied.
The benefit to the Applicant DOES outweigh the ❑etriment to the Neighborhood or Community.
Reason:
TOWN OF CORTLANDVILLE
3577 TERRACE ROAD
CORTLAND, NEW YORK 13045-3552
APPLICATION FOR SITE PLAN APPROVAL
APPLICANT
Larry Regan of
Name, Regan Development dd
Address Phone 914-693-6613
1055 Saw Mill Road #204, Ardsley NY 10502
PROP]
Name Joesph and Dante Arm ideo 607-758-8200
Address
61 James Street, Homer, NY 10377
PROPERTY INFORMATION
Location of property_ 978 NYS Route 13
Tax Map No. of Parce 96.13-01-02A10
PROPERTY ACQUIRE. Pending
IS PROPERTY IN FLOOD PLAIN? x
ZONING DISTRICT_ B-3
PROJECT DISCRIPTIa development
Information to he included K 178-71 of
the Cortlandviile Zoning Law. A sketch plan conference may be de d necessary by the
Planning Board. _
DATE OF APPLICATION 7118/22
Signatu�Appiicant
Zoning Offtoer
Planning Board Chairperson
ul IA-M .i_ Ir
PERMIT DENIED
TOWN OF CORTLANDVILLE
3577 TERRACE ROAD
CORTLAND, NY 13045
USE VARIANCE FINDINGS & DECISION
Applicant: Larry Regan of Regan Development Phone #: 914-693-6613
Address: 1055 Saw Mill Road #204, Ardsley NY 10502 Fee:
Property Owner: Joesph and Dante Armideo
Appeals Concerns Property at the following address: 978 NYS Route 13
Tax Map Number: 96.13-01-02.110
Zoning District Classification: 13-3
Use for which Variance is requested: Two means of egress/ingress from site with more than 4
multif,�Mily dwelling units.
Applicable Section of Zoning 7;71�
Signature: Date: 8/18/22
TEST: No Use Variance will be . nted without a showing by the applicant that applicable zoning
regulations and restrictions have caused unnecessary hardship. The following test must be met for each
and every use a[lowed by zoning on the property, including uses allowed by special' use permit.
I. Has the Applicant demonstrated that the Applicant cannot realize a reasonable return, and that
the lack of return is substantial and has been demonstrated by competent financial evidence?
Yeses _No
Proof: The Drooerty has haan fnr salP for years. This demonstrates the Darcel has been reviewed by many
people/engineers and alternatives are not available for site for having a second access point. (see
aiiacnea Tinanciai recoras or years Tor sale)
2. Has the Applicant demonstrated that the alleged hardship relating to the property in question is
unique and does not apply to a substantial' portion of the district or neighborhood?
Yes x No
Proof:, The property is unique as the bridgelculvert on NYS Route 13 restricts access to legal frontage of
parcel, Crossing Otter Creek for a second access point does not comport to ACOE and NYSDEC
reduce Impacts strategy on watercourses. NYSDOT does not allow a commercial curb cut to be
within 75 feet of any existing driveway entrance. Due to site only having one location of a curb out
(existing one at Country Max) this is a unique situation facing this Parcel. ( see attached Aerial View)
Use Variance Findings & Decision
3. Has the Applicant demonstrated that the requested use variance, if granted, will not alter the
essential character of the neighborhood? Yes x No
Proof: The reduction in curb cuts along NYS Route 13 does not alter the essential character of the
neighborhood as it is commercial in nature. ( see attached Aerial View)
4. Has the Applicant demonstrated that the alleged hardship has not been self-created?
Yes x No
Proof:_ The reduction from two to one curb cuts along NYS Route 13 for egress/ingress is not self created.
NYSDOT does not allow does a second curb cut as it would be less than 75 feet from an existing
curb cut at Sigany Eyecare. NYS Fire code does not require a secondary egressrngress entrance if
the building is sprinkler. NYSDEC and ACOE will not issue a permit to cross Otter Creek as NYS
Fire code does not require a secondary access point. (see enclosed NYS DOT standard Sheet and
Fire Code and letter of support from Fire district)
❑ETERMINATION OF ZBA BASED QN THE ABOVE FACTORS:
The ZBA, after reviewing the above four proofs, finds:
That the applicant has failed to prove unnecessary hardship through the application of the four
tests required by the state statues.
That the applicant has proven unnecessary hardship through the application of the four tests
required by the state statues. In finding such hardship, the ZBA small grant a variance to allow use of the
property in the manner detailed below, which is the minimum variance that should be granted in order
to preserve and protect the character of the neighborhood and the health, safety and welfare of the
community:
(USE)
USE VARIANCE FINDINGS & DECISION
Question #1
ILLUSTRATIONS OF FINANCIAL EVIDENCE
Bill of sale for the property, present value of property, expenses for maintenance.
Leases, rental agreements.
Tax bills.
Conversion costs (for a permitted use).
Realtor's statement of inability to rent/sell.
Question 42
ILLUSTRATIONS OF UNIQUENESS
Topographic or physical features preventing development for a permitted use.
Why would it be possible to construct the applicant's proposal and not any of the permitted uses?
Board member observations of the property and surrounding area.
Question #3
ILLUSTRATIVE NEIGHBORHOOD CHARACTER FACTORS
Board members' observations of neighborhood.
Expected effect of proposal on neighborhood, for example, change in parking patterns, noise levels,
lighting, traffic.
Question #4
SELF-CREATED
What were the permitted uses at the time the property was purchased by the applicant?
Were substantial sums spent on remodeling for a use not permitted by zoning?
Was the property received through inheritance, court order, divorce?
Jamie Easton
From:
Steve Cinquanti <steve@cinquanti.com>
Sent:
Thursday, August 18, 2022 11:16 AM
To:
Jamie Easton
Cc:
Larry Regan; Dante A; Gabe Regan
Subject:
Re: 978 NYS Route 13 Cortlandville
Since July of 2017 our company has actively marketed this property with four serious inquiries none of which we were
able to close. I'm quite sure Dante's private marketing efforts go back further than ours.
Steve Cinquanti, Associate Broker, CCIM
YAMAN
COMMERCIAL • INDUSTRIAL
185 Clinton Street, Ext
Cortland, New York 13045
(607) 423-7800 c
(607) 218-6221 o
CpmmBroel Real Estate's
Glppyl51and3tl for FrOfeS5+OR21 gCrrieVernelit
❑n Thu, Aug 18, 2022 at 11:06 AM Jamie Easton <ieaston@theDrimecomganies.com> wrote:
Call me anytime
Jamie Easton
Director of Land Development
EP
-AND 5:R1K15
1
--,-YA M A N
COMMERCIAL ■ INDUSTRIAL
August 18, 2022
Larry Regan, President
Regan Development Corporation
1055 Saw Mill River Road #204
Ardsley, NY 10502
Dear Mr. Regan,
These marketing notes regard the property located on NY-13 in Cortlandville, tax map 96.13-01-01.100 owned
by Dante and Joseph Arm ideo.
Since July of 2017 our company has actively marketed this property with just four serious inquiries none of
which we were able to close. I'm quite sure Dante's private marketing efforts go back much further than ours.
Sincerely,
Steve Cinquanti, CCIM
Yaman Commercial Industrial
185 Clinton Ave
Cortland, New York 13045
V
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NYSDOT
Policy and Standards for design of entrances to state
Highways
sYfrt 7
RESIDENTIAL PROPERTY COMMERCIAL PROPERTY
5��J
SEE NOTE
iA
30' 19 ml f
EE NOTE 1B
DRIVEWAY OPENING LIMIT (TYP.)-----/
PROPERTY LINE
SEE NOTE 1
STATE HIGHWAY
HIGHWAY EDGE OF PAVEMENT
RIGHT-OF-WAY LINE
PROPERTY LINE
SEE NOTE to
SHARED DRIVEWAY TO MULTIPLE COMMERCIAL PROPERTIES
I1I1.4N/:kTkT/_vfi0*1[HWill291g1Wd
NOTES:
1. DRIVEWAY SPACING MEASURED ALONG THE HIGHWAY EDGE OF PAVEMENT:
RIGHT-OF-WAY LINE
A. PROPERTY LINE: THE MINIMUM DISTANCE BETWEEN THE DRIVEWAY OPENING LIMIT AND THE
HIGHWAY EDGE OF PAVEMENTS
POINT WHERE A PROJECTION (PERPENDICULAR TO THE CENTERLINE OF THE ROADWAY FROM
THE NEAR PROPERTY CORNEA) MEETS THE HIGHWAY EDGE OF PAVEMENT IS TO BE 5' 0.5 m).
THIS RESTRICTION DOES NOT APPLY TO THE PROPERTY LINES BETWEEN OWNERS OF A
EDGE OF TRAVEL LANI -
SHARED DRIVEWAY.
B. TWO DRIVES TO RESIDENTIAL PROPERTY (IF PERMITTED): THE MINIMUM DISTANCE BETWEEN
THE DRIVEWAY OPENING LIMITS SHALL BE 3C' 19 ml.
C.
HE NOTE ID
lI
yP 1.'
SEE NOTE 1E� IZW � 4'6 lAl - -
15' 14.6 m)
iFE _NOTE 1
EDGE OF TRAVEL LANE —
COMMERCIAL DRIVEWAY !�
ONE-WAY IN OR OUT
DRIVEWAY LOCATION STANDARDS
ALL DIMENSIONS SHOWN ARE MINIMUM STANDARDS
/ PIPE (FOR DEEP DITCHES)
OR
i CURB OPENINGS (FOR SHALLOW DITCHES)
10' 10' 10' 10,
(3 ml 13 ml 13 ml 13 m7
CURB OR DELINEATION , CURB OR DELINEATION
ENTRANCE
w THROAT
SEE NOTE 2B
_ rOITCN CEHTERLINI
SEE NOTE 4
CURB OR DELINEATION / \ CURB OR DELINEATION �n J
SHOULDER )`430m) t (t 3 m) '1 SHOULDER It 3 m) '1
EDGE OF TRAVEL LANE
SEE NOTE ID
DIVIDED COMMERCIAL DRIVEWAY WITH AN ISLAND
(ONE WAY SYSTEM ILLUSTRATED, ALL DIMENSIONS SHOWN ARE MINIMUM STANDARDS)
CURB 1OR DELINEATION
6 SHOULDER SEE NOTE 4
i
D. ONE-WAY COMMERCIAL DRIVES SEPARATED BY AN ISLAND: THE MINIMUM DISTANCE BETWEEN
THE DRIVEWAY OPENING LIMITS SHALL BE 30' (9 m).
E. INTERSECT] ON: THE DISTANCE BETWEEN THE EDGE OF A DRIVEWAY (PROJECTED TO THE
TRAVELED WAY) AND A SIDE ROAD TRAVEL LANE EDGE SHALL BE AT LEAST TWICE THE
WIDTH OF THE DRIVEWAY PLUS 15, (4.6 m). IF PRACTICABLE, STRIVE FOR AT LEAST A
100' (30 m) OFFSET TO A SIGNALIZED SIDE ROAD PAVEMENT EDGE.
COMMERCIAL
F. ONE-WAY COMMERCIAL DRIVES SEPARATED BY A MEDIAN: THE MEDIAN WIDTH (M) MAY BE
DRIVEWAY
4' TO I6' 11.2 m TO 4.9 m).
SEE NOTE 11
G. REFER TO CHAPTER 6 OF THE NYSDOT HIGHWAY DESIGN MANUAL (NYSDOT ROM) FOR CONTROL
OF ACCESS LIMITS FOR DIAMOND AND OTHER TYPES OF INTERCHANGES.
H. RIGHT TURN ONLY ENTRANCES OR EXITS ARE TO BE USED WHERE ACCESS WILL MEET SECTION
IE ABOVE. NO ACCESS WILL BE LESS THAN 15' (4.6m'1 FROM INTERSECTION HWY EDGE OF
TRAVELED WAY.
I. COMMERCIAL DRIVEWAYS SHALL BE LOCATED TO AVOID OFFSET (DOG LEGGED) INTERSECTIONS WHERE
DRIVEWAYS ARE ACROSS FROM PUBLIC STREETS, HIGHWAYS OR RAMPS.
2. COMMERCIAL DRIVEWAY THROAT (MEASURED ALONG DRIVEWAY ENTRANCE):
A. TWO-WAY DRIVES AND ONE-WAY DRIVES SEPARATED BY A MEDIAN: THE MINIMUM DEPTH OF
ENTRANCE THROAT SHOULD BE 30' I9 m) FOR MINOR COMMERCIAL DRIVES AND 50' (15 m) FOR
MAJOR COMMERCIAL DRIVES.
B. ISLANDS: THE MINIMUM DEPTH OF THE ENTRANCE THROAT SHOULD BE AT LEAST ONE HALF
THE WIDTH OF THE WIDEST DRIVEWAY.
3. COMMERCIAL DRIVEWAY MEDIANS SHOULD BE OFFSET TO AVOID TURNING PATH OF VEHICLE.
AS A MINIMUM:
A. ON CURBED HIGHWAYS, OFFSET THE END OF THE MEDIAN AT LEAST 4' (1.2 m1 BEHIND THE
CURB LINE.
B. ON HIGHWAYS WITH SHOULDERS, THE END OF THE MEDIAN SHALL NOT INFRINGE ON THE
SHOULDER AND SHALL BE OFFSET AT LEAST 4' 11.2 m) BEHIND THE OUTERMOST TRAVEL LANE.
WHICHEVER IS GREATER.
4. CURBING:
SEE NOTE IF A. WHERF NO CURBING EXISTS, ANY PROPOSED NEW CURBING SHALL CONFORM TO CHAPTER 3,
SECTION 3.2.9. OF THE NYSDOT HDM AND SHOULD BE OFFSET FROM THE TRAVEL LANE TO
ALLOW THE INSTALLATION OF A STANDARD PAVED SHOULDER OR CURB OFFSET IN ACCORDANCE
WITH NYSDOT HDM CHAPTER 2. SECTION 2.7.
B. WHERE CURBING EXISTS AT THE EDGE GF HIGHWAY, CURBING SHALL MATCH THE ADJACENT
wrD
CURB TYPE AND ALIGNMENT.
5. FIXEDOBJECTS SHALL BE LOCATED OUTSIDE OF THE HIGHWAY'S CLEAR ZONE WIDTH
PER NYSDOT ROM CHAPTER 10.
ENGTH 6. REFER TO THE "POLICY AND STANDARDS FOR THE DESIGN OF ENTRANCES TO STATE
HIGHWAYS" SECTION 5A.4 FOR ADDITIONAL REQUIREMENTS AND THE NEED FOR PERMITS.
NCE THROAT
M�2 OTE 2A
HWAY EDGE OF PAVEMENT
EDGE OF TRAVEL LANE —
DIVIDED COMMERCIAL DRIVEWAY WITH A MEDIAN
SA-28
FIGURE 5A3
DRIVEWAY LOCATION STANDARDS
8/18/22, 11:42 AM
Section 0104 Commercial and Industrial Developments
Section D104 Commercial and Industrial Developments
D104.1 Buildings Exceeding Three Stories or 30 Feet in Height
Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height shall have not fewer than two means of fire apparatus access
for each structure.
D104.2 Buildings Exceeding 62,000 Square Feet in Area
Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and
approved fire apparatus access roads -
Ex ce pti o n: Projects having a gross building area of up to 124,000 square feet (11 520 m2) that have a single approved fire apparatus
access road where all buildings are equipped throughout with approved automatic sprinkler systems.
113104.3 Remoteness
Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the
maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses.
https://up.codes/viewer_exportljuris_ key/new _york/pubfny_fire_code_2020/refID 104 112
Cortlandville Fire District
999 State Route 13, Cortland, NY 13045
Phone: (607) 753-9014
Email: commissionerminutes@cortlandvillefire.org
August 3"', 2022
Mr. Bruce Weber
Planning 1 Zoning Officer
3577 Terrace Road
Cortland, NY 13045
Dear Bruce:
Please accept this letter from the Cortlandville Fire District in response to an email received from
Jamie Easton, Director of Land Development for EP Land Services LLC regarding fire emergency access
for the Reagan Development NYS Route 13. The Cortlandville Fire District does not require a secondary
means of egress and ingress at this proposed site.
The Cortlandville Fire District was not aware of Town Code section 178-76-A-1 until this request.
It does make it clearer to us now why there are some abandoned access points around the Chelsea 1
Homestead Apartment areas that even if suitable for our apparatus to access we would not use them nor
ever have. We are very comfortable with having only one means of egress and ingress especially for this
proposed development. If you should have any further questions or needs, please do not hesitate to contact
US.
Sincerely,
Fire District Chairman
607 423-2073
Cc: Supervisor Town Williams
Town Attorney John Delvecchio
Code Enforcement Officer Kevin McMahon
Chief Gere Henry
GENERAL MUNICIPAL LAIN
Zoning Referral Form
Conditional Permits. Special Permits, Site Plan Reviews & Variances
Director G M L No. 96.13-01-02.110
CORTLAN❑ COUNTY PLANNING DEPARTMENT
37 Church St.
Cortland, NY 13045-2838
Telephone: (607) 753-5043 Date: sit s1zazz
Fax. (607) 753-5150
Submitting Officer: Bruce Weber, Planning & Zoning Officer
Municipality: mown of Cni tlandyiile
Mailing Address: 3577 Terrace Road. Cortland, NY 13045
Phone Number:. (607) 756-7052
Tvve of Referral
The applicant request the following:
Variance:_ x Bulk — Article_ xlv Section—17s-76-A-5,
—x Use — Article xlv Section 178-76-A-1
Special Permit: Article Section
Conditional Permit: Article Section
Site Plan Review: Article Section
Reason(s) for request -
Bulk -Area Variance for relief of commercial floor space is less then 100% for Multi -family building.
Use Variance- For one means of egressfingress from the site instead of two.
Fax Number. (607) 758-7922
Is the above action a Type 9 , Type 2, , or unlisted action under the State
Environmental Quality Review Act? Attach required environmental assessment forms for Type I and
unlisted actions.
The followings information is reauired for vour aonlication to be complete:
Larry Regan of Regan Development
1. Name of petitioner: -
Owners name (if different): Jossph and Dante Armideo
TBD
Date of acquisition. —
Pile Name; pinlwpdatalforms(Zoning Referral Form.05103l05
[Conditional Perm its. Special Permits.SWe Plan Reviews. Varlances]
Address: 61 James Street, Homer
State: NY 10377
Phone Nt ...607-758-8200 x Number:
2. A Site Plan Map showing:
a. Scale (1 inch equals 20 feet if site is less than 1 acre or an agreed upon scale for a site
larger than 1 acre)
b. North Arrow
c, Physical Characteristics of Site, existing and proposed (Topography, Water and Vegetation)
d. Layout Plan Showing buildings, parking and available utilities
e. Surface and Subsurface Drainage Plan, incorporated with Layout Plan
f. Location of County or State facility pursuant to Section 239 I, m and n of the
General Municipal Law
g- Location Map at 1 "=1000' scale
h. Area Map at 1 "=200' or an agreed upon scale
(1) zoning classification of subject and adjoining properties
(2) surrounding land use within 500 feet of subject property
(3) surrounding zoning classifications
3. A certified Tax Map from the Cortland County Office of Real Property and Assessment showing the
property lines of the applicant's property.
4. Availability of public utilities and services:
In district
Water Yes District _ Sewer —
Yes In district
Fire Protection District —
Special services required:
5. Does Site Plan conform to municipal master plan?
6. Does Site Plan conform to county land use plan?
7. School District: Cortland School District
8. Projected energy consumption: 2'100 kWhlday and 10 Btu
Yes In district
District _ _ ;
; Refuse Collection - Yes
Yes If not why?
Yes If not why?
Type: ElectricallGas
9. Traffic generation (expected vehicle departures and arrivals per 24 hour period) : +1-150
NOTE: All maps require the name and address of the N.Y.S. licensed engineer or land surveyor
responsible for preparing the seal and map.
Signature and Title of Submitting Official
(REVISED: 8101)
File blame: plMwpdata/formslZoning Referral Form.05103l05
[Conditional Permits.Special Permits.Site Plan Revlews.Varianoes]
Project Narrative
for
978 NYS Route 13
Tax Parcel 96.13-01-02.110
Town of Cortlandville
Cortland County, New York
Prepared for
Regan Development Corporation
1055 Saw Mill River Road #204
Ardsley, NY 10501
August 18, 2022
Prepared by:
0
EP
LAND SERVICES
EP Land Services LLC
621 Columbia Street Ext.
Cohoes, NY 12047
(518) 785-9000
EP LAND SERVICES
PROJECT NARRATIVE
for
978 NYS ROUTE 13
TOWN OF CORTLANDVILLE, CORTLAND COUNTY, NY
Table of Contents
1.0
DESCRIPTION OF PROPOSE❑ ACTION.........................................................................................................1
1.1
Project Overview.............................................................................................................................................1
1.2
Multi -Family Units...........................................................................................................................................1
1.3
Location...........................................................................................................................................................1
2.0
TOWN CODE.....................................................................................................................................................2
2.1
Zoning..............................................................................................................................................................2
2.2
Proposed Uses................................................................................................................................................2
2.3
Area Variance..................................................................................................................................................2
2.4
Use Variance...................................................................................................................................................3
3.0
AQUIFER .................................................................................... ........................................................................4
3.1
Wellhead Protection Area..............................................................................................................................4
4.0
ENVIROMENTAL IMPACTS REVIEW AND ADDITIONAL INFORMATION...................................................5
4.1
Federal Wetlands............................................................................................................................................5
4.2
NYSDEC Environmental Mapper...................................................................................................................
4.3
Federal Endanger and Threaten Species.....................................................................................................6
4.4
100- Year Flood Plain......................................................................................................................................6
4.5
NYSOPRHP......................................................................................................................................................7
4.6
Agricultural❑istrict........................................................................................................................................7
4.7
Soils..................................................................................................................................................................8
4.8
Stormwater......................................................................................................................................................9
4.9
Utilities.............................................................................................................................................................9
4.10
Solid Waste......................................................................................................................................................9
4.11
Schools..........................................................................................................................................................10
5.0
EXHIBITS.........................................................................................................................................................11
Exhibit
1 — Architectural Floor Plan and Rendering...........................................................................................12
Exhibit
2 — Wetland Report....................................................................................................................................13
Exhibit
3 — IPaC ❑ata.............•....................................................................................------------................................14
Exhibit
4 — NYSOPRHP...........................................................................................................................................15
(:',ENGINEERING PROJECTSIOTHER CLIENTS%2022L2022-08 CORTLANDVILLE-REGAN',03-ADMINIREPORTS%NARRATIVEPROJECT NARRATIVE 7.18.22.DOCX
August 2022
EPLAND SERVICES
Project Narrative
1.0 DESCRIPTION OF PROPOSED ACTION
1.1 Project Overview
Regan Development Corporation proposes to construct a mix used commercial and multi -family parcel located on
978 NYS Route 13 (Tompkins Street) in the Town of Cortlandville. The parcel is 18.20 acres and is tax parcel 96.13-
01-2.110. The proposed project will construct one mixed use building (commercial/ multi -family) in a four (4) story
building, totaling 68 multi -family apartment units with 6,278 sf of commercial space. Access to the site will be the
existing curb cut at Country Max commercial business on NYS Route 13.
1.2 Multi -Family Units
The project will build a mixed -use building totaling 68 units. The 68 units will have 27 one -bedroom units, 37 two -
bedroom units and 4 three -bedroom units. The multi -family portion of the project is designed to be work force
housing units and Regan Development will be seeking a Low Income Housing Tax Credit from New York State
Homes and Community Renewal (HCR). Work force housing is not market rate apartment units. Work force housing
provides affordable housing based upon the Area Median Income (AMI) of the community. See Exhibit #1 for
architectural floor plans and building rendering.
1.3 Location
The site is located on 978 NYS Route 13 and is located an the south side of the road. The parcel has frontage in
two locations on NYS Route 13. See below for site highlighted in yellow.
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August 2022
Page 1
EPLAND SERVICES
Project Narrative
2.0 TOWN CODE
2.1 Zoning
The property is located on the west side of NY5 Route 13. The existing tax parcel is 18.20 acres, is tax parcel
96.13-01-2.110 and zoned Planned Commercial Business (B-3) District. The parcels to the north and west are
zoned also zoned Planned Commercial Business (B-3) District. While to the east the property is zoned Residential
(R-3) and to the south, Planned Urban Development (PUD) District.
-2
1-2
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2.2 Proposed Uses
In accordance with Town of Cortlandville zoning code multi -family and commercial retail are allowed uses per
Town code section 178-36.9. Hours of operations for retail and commercial uses shall be limited to town code
section 178-36.10.
2.3 Area Variance
In accordance with Town of Corti andviIIe zoning code section 178-76 A 5 states "In the B2 and 63 District,
multiple -family is only allowed as a mixed use with commercial. For one-story structures the commercial use shall
have a minimum of 50% of the gross floor area in use for business. For multistory buildings the commercial use
shall have a minimum gross floor area equal to the story with the greatest floor area. For projects with multiple
structures, these percentages shall apply to gross square footage allowing for a mix of commercial and residential
structures." As this project as the multi -family building that does not have 100% commercial/retail space on the
111 floor, thus an area variance will be required. Under the proposed design, the multi -family building only has
6,278 sf of commercial space on the first floor which totals 21,636 sf. Thus, the commercial/retail utilizes about
30% of the 11' floor of the building or meeting the zoning code section 178-76 A 5 requirement.
August 2022
Page 2
EPLAND SERVICES
Project Narrative
2.4 Use Variance
In accordance with Town of Cortlandville zoning code section 178-76 A-1 states "Multifamily dwellings with over
four dwelling units must have two means of egress and ingress. One may be for emergency use only." As the
project site has limited frontage along NYS Route 13 an use variance is required for relief from second
egress/ingress to the site. There is limited frontage on the parcel and the area between Country Max Sigany
Eyecare (20-foot frontage) does allow for a secondary access point to NYS Route 13 as this location is too close
Sigany Eyecare existing entrance. NYSDOT HDM Chapter 5 requires 75 feet between entry point and there
would be less than this. Thus, NYSDOT would never approve a secondary access point as the existing/proposed
one meets NYSDOT requirements. Per NYS Fire Code a secondary mean of egress is not required for this
project as the building will be sprinklered per NYS Fire Code ❑104.2.
ACOE and NYSDEC will also limit impacts to Otter Creek that bisects the site. These agencies will want the least
impact to the water course as possible as there is a proposed egress/ingress to the site and does not impact the
creek and comports with NYS Fire Code, these agencies would have a tendency of not issuing a permit for
stream disturbance as it is not necessary per code requirements.
August 2022
Page 3
EPLAND SERVICES
Project Narrative
3.0 AQUIFER
3.1 Wellhead Protection Area
The property is located within the town aquifer or wellhead protection area. The protection zone was determined to
be Zone 1A and 2 for the site. Per Town code section 178-2.2 a minimum of 25% to 50% of the site shall be green
space. Based upon the proposed concept plan there will around 80% greenspace when the project is completed.
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August 2022
Page 4
EPLAND SERVICES
Project Narrative
4.0 ENVIROMENTAL IMPACTS REVIEW AND ADDITIONAL INFORMATION
4.1 Federal Wetlands
There are no federal jurisdictional Army Corp or Engineer (ACOE) wetlands are within the project limits based
upon National Wetland Inventory. Van Guilder Land Surveyors also did a wetland delineation of the site on xlxlx.
See enclosed report in Exhibit 2.
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4.2 NYSDEC Environmental Mapper
There are no jurisdictional NYSDEC State wetlands or buffer within the project limits based upon NYSDEC
website. There is also no rare or endangered species located in this area by NYSDEC
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Natural Cornet unities Near This Location
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August 2022
Page 5
v EPLAND SERVICES
Project Narrative
4.3 Federal Endanger and Threaten Species
The US Fish and Wildlife Service �A.... +ui�— for Planning and Consultation (IPaC) was for this project.
Based upon finding in Exhibit #3 there is no endangered species for the site.
4.4 100- Year Flood Plain
Per National Flood Insurance Map (FIRM) panel 36023CO229❑ dated March 2, 2010 the proposed project is
outside the limits of AE zone (100-year flood plain).
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August 2022
Page 6
EPLAND SERVICES
Project Narrative
4.5 NYSOPRHP
The New York State Office of Parks, Recreation and Historic Preservation (OPRHP) was reviewed for the project
site. OPRHP Cultural F..;..,, System (CRIS) ',Ai ; ed the project is located outside an
�,logical sensitivity area. See Exhibit 4 letter from NYSOPRHP of no impact.
4RTU ►J HOME SUBIA1E Z� COMMUNICATE
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4.6 Agricultural District
Per Cortland County G I S P 1 EUNN;P Pu the project site is outside of a classified agricultural district.
rr Rd Starr Road E-t. Sou
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August 2022
Page 7
EPLAND SERVICES
Project Narrative
4.7 Soils
United States Department of Agriculture Natural Resources Conservation Service soils maps were review for the
project site. Based upon available data the site is mostly gravel with no bedrock outcropping and water table varies
from 0 feet to greater than 10 feet. The Hydrologic soil groups (HSG) was identified as Soils Group A to B which
the proposed development area, which has a high capacity of infiltration of rainfall.
7
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Map symbol and soil name
53C-0lols-Howard complex, 8 to 15 percent slopes
Valois
Howard
5313—Valols-Howard complex, 15 to 25 percent slopes
Valois
Howard
62C—Mardin channery slit loam, 8 to 15 percentslopes
Mardln
125A—Howard gravelly loam, 4 to 3 percent slopes
Howard
12513—Howard gravelly loam, 3 to 8 percent slopes
Howard
171r—Cadosla-Lordstown complex, 25 to 70 percent slopes, very stony
CadOsia, very stony
Lordstown, very stony
179C—Lordstown channery silt loam, 8 to 15 percent slopes
Lordstown
210A—Phelps gravelly slit loam, 0 to 3 percent slopes
Phelps
Pct. of map unit Surface Runoff
Hydrologic Sall Group
50 —
B
40 —
A
5❑ —
B
40 —
A
88 —
D
90 —
A
90 —
A
50 —
B
45 —
C
90 —
C
85 —
BID
August 2022
Page 8
EPLAND SERVICES
Project Narrative
4.8 Stormwater
The project will impact stormwater runoff. As the soils are with HSG A infiltration of Stormwater runoff will be
proposed. A stormwater report will be issue to the Town during site plan demonstrating the project is in conformance
with NYSDEC Stormwater Design Manual General Permit 00-20-002 and local laws. The project is located in a
Sole source aquifer as a minimum of 4-feet of vertical separation is required between the bottom of infiltration areas
and seasonal high-water table.
4.9 Utilities
The project will utilize the existing water and sewer systems within this area for the project site. A detail engineering
report of water pressures, residual pressure and sewer capacity will be done preformed during site plan design of
this project. Below are anticipated water and sewer generated by the proposed project.
Anticipated water flows are as follows:
Water Usage
Average Daily Flow
Average Flow
Peak Flow
(GPD)
(GPM)
(GPM)
Apartments- 68 units
27- 1-Bedroom Units
2,940
2.06
4.12
37- 2 Bedroom Units
8,140
5.65
11.30
4- 3 Bedroom Units
1,320
0.91
1.82
Commercial
Bldgs #1 (6,278 sf)
1,000
0.69
1.39
Totals= 13,400
9.30
18.61
Table B-3 of NYSDEC Design Standards for Intermediate Sized Water Treatment Systems dated 3/5/2014
was used to determine anticipated flow rate, 110 gal per bedroom and 0.1 gallons per square foot for
commercial building. Plumbing Fixtures will be specified as low flow type fixtures per NY State
requirements for water conservation.
Anticipated sewer flows are as follows:
Sewer Flows
Average Daily Flow
Average Flow
Peak Flow
(GPD)
(GPM)
(GPM)
Apartments- 68 units
27- 1-Bedroom Units
2,940
2.06
8.24
37- 2 Bedroom Units
8,140
5.65
22.06
4- 3 Bedroom Units
1,320
0.91
3.64
Commercial
Bldqs #1 (6,278 sf)
1,000
0.69
2.78
Totals= 13,400
9.30
37.22
No impacts are anticipated to the electrical or natural gas distribution system for this project.
4.1 OSol id Waste
Waste generated by the project will vary and the typical average of 4 Ibs per apartment unit per day is a common
value used in the industry. The Multi -Family units will produce about 288 Ibs or about 0.14 tons per day of soil
waste. The commercial/retail waste produce will vary depending on tenants. The range could be anywhere from
0.005 Ibs/sgft/day to 0.010 Ibslsgftlday. Using an average of 0.008 Ibs/sgft/day the commercial/retail space will
produce about 70 Ibs or about 0.03 tons per day of solid waste. The project total is about 0.17 tons per day or about
1.2 tons a week is anticipated. All solid waste will be sent to Cortland County Solid waste facility. Per NYSDEC
MSW Landfill Capacity the annual permit tons to the landfill is 44,500 while in 2018 only 31,630 tons was disposed
of there. The landfill has a capacity of 665,012 tons or based upon NYSDEC permit another 15 years of capacity
before landfill expansion would be required. Thus, based upon above solid waste produce at that site will not have
August 2022
Page 9
EPLAND SERVICES
Project Narrative
an affect on the landfill as allowed tonnage under NYSDEC permit versus what is currently being received is only
70% of allowed.
4.11 Schools
The school district will see additional students as a result of the proposed 68 multi -family units. Using National
Association of Home Builders (NAHB) data for an apartment building with 20 or more units would see about 17
school age kids per 100 units. Thus using NAHB data, the 68 proposed apartment unit could have 12 school age
kids about on average 1 child per grade (K-12).
Using Rutgers University Center for Urban Policy Research (CUPR) the projected number of school age kids is
higher. The results of CUPR are typically conservative based upon the multiplier as data used to determined
multipliers reflects a statewide analysis of urban area (e.g., cities of 100,000 or more persons) including New York
City. It is widely recognized that families living in large urban area have more school age children per bedroom than
typical suburban multi -family residents.
Type of Unit
Anticipated
Number of
Applicable
Number of School
rents
Units
Rutgers CUPR
Age Kids
Multiplier
1 Bedroom
>$1000
14
0.07
0.98
$500-$1000
13
0.27
3.51
2 Bedroom
>$1,100
17
0.16
2.72
$750-$1,100
20
0.45
9
3 Bedroom
>$1,250
2
0.63
1.26
$750-$1,250
2
1.3
2.6
Totals
68
20
All school age children for this proposed project would are within Cortland School District. The project site will send
children to Cortland High School, Cortland Junior High School and to Franklyn Barry Elementary School. The
enrollment of student is the district are listed below based upon data available through New York State Education
Department.
Overall District
Year
Enrollment
2019-2020
2,132
2018-2019
2,339
2017-2018
2,351
2016-2017
2,376
2015-2016
2,436
2014-2015
2,559
2013-2014
2,604
2012-2013
2,659
Barry Einmentary
Year
Enrollment
2019-2020
453
2018-2019
328
2017-2018
360
2016-2017
357
2015-2016
347
2014-2015
351
2013-2014
380
2012-2013
372
As see above there has been a steady overall decline in the student population. Thus, based upon the proposed
project, the number of new students will not adversely affect the school district.
August 2022
Page 10
AEPLAND SERVICES
Project Narrative
5.0 EXHIBITS
August 2022
Page 11
AEPLAND SERVICES
Project Narrative
Exhibit 1 — Architectural Floor Plan and Renderinq
August 2022
Page 12
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Sxr.r:r N��nlxr:a
AEPLAND SERVICES
Project Narrative
Exhibit 2 - Wetland Reoort
August 2022
Page 13
Wetland ❑elineation Report
Route 13
Town of Cortlandville
Cortland County, New York
By:
Gilbert VanGuilder
Land Surveyor, PLLC
988 Route 146, Clifton Park, NY 12065
518-383-0634
Prepared For:
Prime Companies
621 Columbia Street
Cohoes, NY 12047
July 5, 2022
Page 1 1
Table of Contents
Introduction 3
WetlandMapping ----------------------------------------------------------------------------------------------------------------------- 3
Soils 3
Hydrology ....................... 3
Vegetative Communities 3
Methodology and Results 4
SiteLocation/Aerial--------------------------------------------------------------------------------------------------------------------5
Figure 1: Federal Wetland Mapping ........------------------------------------------------------------------------ 6
Figure 2: N.Y.S.D.E.C. Wetland Mapping-------------------------------------------------------------------------6
Figure 3: U S G S Amsterdam, NY Quadrangle ...--------------------------------------------------------------7
Figure 4: NRCS Soils Mapping........................................................................................... 5-9
Figure 5: F E MA Flood pla i n Mapping-------------------------------------------------------------------------------10
Page 2 1
■ Introduction
This wetland delineation report was completed for a portion of TMP # 96.13-01-02.110. The site is
located on the south side of Route 13, approximately 0.20 miles east of Route 281 and approximately
0.18 miles west of Terrace Road in the Town of CortlandviIle, Cortland County.
Wetland Mapping
As shown on the National Wetlands Inventory website (Figure 1) the perennial stream within the project
vicinity is listed as an R5UBH riverine system. This stream is being considered perennial because of its
size and visibility on USGS mapping (Figure 3). The nearest Federal mapped wetland is approximately
0.43± miles north of the subject parcel. The nearest N.Y.S.D.E.C. mapped wetland is approximately 1.70
miles southwest of the subject parcel (Figure 2).
■ Soils
According to the NRCS website (Figure 4) the soils in the area of review consist of (53C) Valois -Howard
complex, 8 to 15 percent slopes, (5313) Valois -Howard complex, 15 to 25 percent slopes, (125A) Howard
gravelly loam, 0 to 3 percent slopes, (1256) Howard gravelly loam, 3 to 8 percent slopes and (210A)
Phelps gravelly silt loam, 0 to 3 percent slopes. (53C), (531)), (125A) and (1256) soils are well drained
with a depth to the water table of more than 80 inches. (210A) soils are moderately well drained with a
depth to the water table of about 18 to 24 inches.
Hydrology
Otter Creek the perennial stream located on site flows northerly through the parcel, into a culvert under
Route 13 and continues to flow north for approximately 0.15± miles and enters a culvert under West
Road. Otter Creek continues to flow north easterly for approximately 0.38± miles entering a culvert under
McLean Road. Otter Creek continues to flow north easterly for approximately 3.15± miles entering a series
of culverts, first under West Road, then Townley Avenue, Groton Avenue, Lincoln Avenue, Maple Avenue,
Madison Street, Homer Avenue, Arthur Avenue, North Main Street, where Otter Creek enters the West
Branch Tioughnioga River. The West Branch Tioughnioga River continues to flow easterly for
approximately 1.25± miles entering a culvert under Rickard Street then Clinton Avenue where it then
enters the Tioughnioga River, the nearest navigable water.
Vegetative Communities
The dominant vegetation present within the area of review consist of Goldenrod (Solidago altissima),
Virginia Creeper (Parthenocissus guinquefolia), Wild Blue Phlox (Phlox divaricota), Stinging Nettles (Urtica
dioica), Daisy (BeNis perennis), Thistle Weed (Onopordum acanthium), Common Vetch (Vicia sativa),
Honeysuckle (Lonicera X bella), Staghorn Sumac (Rhos typhina) and Poplar (Populus grandidentata). The
plant species identified have an indicator status of (UPL) occur almost always in non -wetlands, or (FACU)
usually occur in non -wetland areas.
Page 3 1
MethodoloRv and Results
On June 8, 2022, a wetland scientist from this office performed a Wetland Delineation for a portion of a
parcel identified as TMP # 96.13-01-02.110, located on the south side of Route 13, for the purpose of
identifying any state and/or federal wetlands on the property, using the methodology as prescribed in
the 1987 Wetland ❑eIineation Manual, evaluating the presence of hydrology, hydrophytic vegetation,
and hydric soils, no wetlands were identified within the area of review, Otter Creek, a perennial stream
was identified onsite, this stream is being considered perennial because it is a named tributary shown
on USGS mapping. There is approximately 968± linear feet (0.30± acres) of Otter Creek onsite.
While performing the wetland delineation, test pits were conducted throughout the area of review, the
Munsel Color Chart was used to determine soil characteristics such as color and texture, which then is
used to identify indicators of hydric soils. The test pits that were conducted throughout the site
consisted mainly of 10YR 4/3 or 10YR 4/2 with no mottling in the upper 16 inches.
Page 4 1
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Page 6 1
U5G5 Cortland►►ille, NY Quadrangle — Figure 3
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Page 71
NRCS Soils Mapping — Figure 4
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Vaiais-Howard complex, 8 to
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Valois -Howard complex, 15 to
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MAP INFORMATION
The Toil 70neys that OW01ee you A01 WCre mapper) at
1.12.000
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cooIrmling soles IhA meld harc base shorn al a m ou delpAktd
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d me veewr n dare(!] Il4Fed beaO*
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5, y "a Data Vernon 2D, Aug 29. M25
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7152022
Page 2 of 3
Acres in Ape I
Percent of AOI I
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Page 9 1
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Page 10 1
AEPLAND SERVICES
Project Narrative
Exhibit 3 — IPaC Data
August 2022
Page 14
41,�i>
��CH �.lA
United States Department of the Interior
FISH AND WILDLIFE SERVICE
New York Ecological Services Field Office
3817 Luker Road
Cortland, NY 13045-9385
Phone: (607) 753-9334 Fax: (607) 753-9699
Email Address: fw5es nvfoC7a fws.p-ov
In Reply Refer To:
Project Code: 2022-0063713
Project Name: 978 NYS Route 13
July 14, 2022
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project.
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
❑7114/2022
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project -related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to-
birds.php.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/
executive-orders/e0-13186.php.
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the
header of this letter with any request for consultation or correspondence about your project
that you submit to our office.
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Attachment(s):
• Official Species List
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Official species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
New York Ecological Services Field Office
3817 Luker Road
Cortland, NY 13045-9385
(507) 753-9334
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Project Summary
Project Code: 2022-0063713
Event Code: None
Project Name: 978 NYS Route 13
Project Type: Commercial Development
Project Description: Development of a 68 units mixed use building
Project Location:
Approximate location of the project can be viewed in Google Maps: https:ll
www.p-oogle.com/maDs/042.575095149999996.-76.21231796862236.14z
ti{
4Laan Rd
Counties: Cortland County, New York
❑7114/2022
Endangered Species Act Species
There is a total of 2 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries!, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this ❑ffice's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAME
Northern Long-eared Bat Myvtis septentrionalis
No critical habitat has been designated for this species.
Species profile: httos:Ilecos.fws.gov/ecolsnecies/9045
Insects
NAME
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: httns:Ilecos.fws.gov/ecnlsnecies/9743
STATUS
Threatened
STATUS
Candidate
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION,
❑7114/2022
IPaC User Contact Information
Agency: EP Land Services LLC
Name: .lames Easton
Address: 621 Columbia Street Ext.
City:
Cohoes
State:
NY
Zip:
12047
Email
jeaston@theprimecompanies.com
Phone:
5187859000
AEPLAND SERVICES
Project Narrative
Exhibit 4 — NYSOPRHP
August 2022
Page 15
NEW YORK 57AParks, Recreation,
7E OF
❑PPDRT47N1Ty. and Historic Preservation
KATHY HOGHUL ERIK KULLESEID
Governor Commissioner
July 08, 2022
James Easton
Project Engineer
EP Land Services
621 Columbia Street
Cohoes, NY 12047
Re: SEQRA
378 NYS Route 13 Mixed -Use building
978 State Route 13, Cortlandville, NY 13045
22PRO4056
Dear James Easton:
Thank you for requesting the comments of the Office of Parks, Recreation and Historic
Preservation (OPRHP). We have reviewed the project in accordance with the New York State
Historic Preservation Act of 1980 (Section 14.09 of the New York Parks, Recreation and
Historic Preservation Law). These comments are those of the OPRHP and relate only to
Historic/Cultural resources. They do not include potential environmental impacts to New York
State Parkland that may be involved in or near your project. Such impacts must be considered
as part of the environmental review of the project pursuant to the State Environmental Quality
Review Act (New York Environmental Conservation Law Article 8) and its implementing
regulations (6 NYCRR Part 617).
Based upon this review, it is the opinion of OPRHP that no properties, including archaeological
and/or historic resources, listed in or eligible for the New York State and National Registers of
Historic Places will be impacted by this project.
If further correspondence is required regarding this project, please be sure to refer to the
OPRHP Project Review (PR) number noted above.
Sincerely,
R. Daniel Mackay
Deputy Commissioner for Historic Preservation
Division for Historic Preservation
New York State Office of Parks, Recreation and Historic Preservation
Division for Historic Preservation, Peebles Island, Po Box 189, Waterford, New York 12188-0189
(518) 237-8643 • https://parks.ny.gov/shpo
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