HomeMy WebLinkAboutI - 07 County Review & Recommendations - CP Read Realty LLC1
Cortland County Planning Department ROBERT CORPORA
60 Central Ave • Cortland, New York 13045-2838 County Administrator
Telephone: (607) 753-5043 email: administrator@cortland-co.org
General Municipal Law (GML) 239 Report
______________________________________________________________________________________
TO: Cortland County Planning Board November 10, 2022
FROM: Cortland County Planning Department
RE: GML #86.13-01-32.000– Site Plan Review & Aquifer Protection Special Permit
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Applicant: CP Read Realty, LLC
3975 NYS Route 281
Cortland, NY 13045
Owner: CP Read Realty, LLC
3975 NYS Route 281
Cortland, NY 13045
______________________________________________________________________________________
SYNOPSIS -
Site Plan Review & Aquifer Protection Special Permit review for the purpose of
constructing a 6,000 square foot retail store and associated parking on an existing partially
developed site. The property is described as 3975 NYS Route 281 (Tax ID 86.13-01-32.000) within
the Town of Cortlandville. It is zoned B-2 (Highway Commercial Business), is within the Aquifer
Protection District, and is within the Wellhead Protection Area District (Zone 1a) in accordance
with the Code of the Town of Cortlandville, hereafter the Code. The site plan review and aquifer
protection special permit review is being referred to the Cortland County Planning Board because the
property is located within 500 ft. of NYS Route 281, NYS Route 222, & Kinney Gulf Road
(County Route 111).
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ANALYSIS -
The applicant is requesting a site plan review & aquifer protection special permit so they may
construct a 6,000 square foot retail store and associated parking on an existing partially developed
site. Retail stores are permitted in B-2 (Highway Commercial Business) districts subject to site plan
review. Since the applicant is proposing to build a retail store, they have applied for a site plan review.
§178-46 (B) requires any development, other than residential, within the Aquifer Protection District
exceeding $150,000 in development cost to obtain an aquifer protection special permit. As this
development exceeds $150,000 in development cost, the applicant has also applied for an Aquifer
Protection Special Permit.
The county planning board has previously reviewed two GML referrals on this property. The
first, in September 1996, was a conditional permit and special permit to construct a 14,000 square
foot addition onto an existing 6,400 square foot building. The county planning board recommended
approval of the application with three contingencies. The addition was never built and the referenced
6,400 square foot building is now the Meldrim’s paint center store currently on the property. The
second application, in November 1998, was for a site plan review, aquifer protection district special
permit, and subdivision to construct a 12,738 square foot drug store with drive-thru facilities. The
county planning board recommended approval of the application with six contingencies. The proposal
subdivided off and constructed what is now the Rite Aid Pharmacy next door.
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§178-2.3 D of the Code outlines prohibited uses and activities in Wellhead Protection Area
District Zone 1a. The proposed retail store does not involve any of said prohibited uses and activities,
therefore it complies with §178-2.3 D of the Code. §178-2.4 (A) (1) requires parcels in Wellhead
Protection Area District Zone 1a to provide at least 50% greenspace. The site plan shows that the
proposed retail store will decrease the parcel’s greenspace to about 42%, however §178-2.4 (A) (4)
of the Code allows parcels having areas of three acres or less to provide a minimum of 20%
greenspace. As the parcel is 1.77+/- acres, the proposed retail store complies with this section.
§178-45 of the Code lists the restrictions and requirements for uses and activities in the aquifer
protection district. §178-45 (B) (2) requires bulk storage of toxic substances or hazardous materials
be subject to compliance with Article XVIII of the Sanitary Code of the Cortland County Health
District. The proposed retail store will be a paint store. Certain paints can be considered toxic or
hazardous. It has been determined that the store will not store paint in bulk, therefore §178-45 (B) (2)
does not apply. It should be noted that §178-45 (B) (1) & (2) both refer to now-unrelated articles of
the Sanitary Code of the Cortland County Health District. The Cortland County Health Department
no longer regulates the bulk storage of petroleum, toxic substances, or hazardous materials. That is
now regulated by the NYS Department of Environmental Conservation (DEC). It is therefore
recommended that the Town consider revising §178-45 (B) (1) & (2) of the Code to refer to NYS
Department of Environmental Conservation (DEC) regulations instead of Cortland County Health
regulations. The proposed retail store otherwise complies with this section.
§178-71 of the Code outlines the information required for applications for site plan review.
Most of the required information is present in the submission, however the location of fire/emergency
zones, the location and design of outdoor lighting facilities, and a general landscaping plan / planting
schedule are missing. It is therefore recommended that the applicant provide an updated site plan to
the Town including a lighting plan, general landscaping plan, and, if necessary, the locations of
emergency zones / fire hydrants. §178-72 A of the Code outlines general considerations the planning
board should contemplate for site plan reviews. These general considerations include the site
compatibility of lighting, the adequacy of landscaping constituting a visual and/or noise buffer, and
the adequacy of protecting neighboring properties against noise / glare / unsightliness. These
considerations are especially important when there are neighboring residential properties, such as
those to the north of this proposal. It is therefore recommended that the Town review the updated site
plan to ensure adequate protection of neighboring properties, especially those which are residential,
against noise, glare, or unsightliness. Further general considerations in this section include the
adequacy of emergency zones / fire hydrants and the adequacy of structures / roadways / landscaping
in areas susceptible to flooding / erosion. It is recommended that the updated site plan be reviewed
and approved by the Town of Cortlandville Fire Department.
§178-90 of the Code requires the applicant to prepare a stormwater pollution prevention plan
(SWPPP) before initiating any land clearing, land grading, earth moving, paving, property
subdivisions, or construction or development activities, where such activities otherwise require a
special or conditional permit, or site plan review. As the applicant has not provided a SWPPP, it is
recommended that the applicant prepare a storm water pollution prevention plan (SWPPP) in
compliance with the Town of Cortlandville stormwater ordinance (Article XVI of the 1985 Zoning
Law of the Town of Cortlandville, Cortland County, New York) and provide it to the Town for review
and approval.
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The Coordinated Review Committee (CRC) reviewed this proposal and addressed the
following issues:
1. Kathy McGrath, NYSESCCP Water Quality Specialist at the Cortland County Soil & Water
Conservation District, had multiple comments:
a. This property is in Cortlandville Wellhead Protection Zone 1A, the drinking water
zone with the shortest travel time to a public water supply well and therefore with the
greatest consequences if a contamination incident were to occur. Dry Creek has the
potential to contribute flow to groundwater, which would represent a direct
contaminant conduit to groundwater. Management of all chemicals during
construction, such as petroleum products, will be critical to avoid potential for release
into the creek or onto the ground.
b. All construction activities should avoid discharge of any materials including sediment
or nutrients into Dry Creek. Basic erosion and sediment control practices should be
employed during construction to ensure that sediment does not reach the creek or
adjacent properties, including [Route 281]. Discharge of contaminants into the creek
channel, even when not flowing, will ultimately be carried downstream to the West
branch Tioughnioga River.
c. There is considerable Zone AE [100-year] floodplain on the property associated with
Dry Creek. It appears that both proposed stormwater basins are at least partially in the
Zone AE area. This is not recommended because flood storage and treatment area
may not be available if already flooded from a second source, and, floodwaters can
damage or contaminate stormwater management facilities.
d. The Dry Creek channel is on or immediately adjacent to the property. Construction
should not damage the riparian corridor, destabilize the river banks, or result in release
of contaminants including sediment to the creek channel. Mature trees are present
along the creek frontage. This vegetation provides critical bank stabilization and
should not be damaged or removed.
e. The entire property is classified as Prime Farmland.
f. Revegetation and landscaping details were not provided. We recommend the use of
New York native non-cultivar species for any landscaping other than lawn grass.
These species are much more effective at supporting ecological values such as
pollinators and songbirds than are non-native species and cultivars of native species.
2. Mike Ryan, P.E., Director of Environmental Health at the Cortland County Health
Department, commented that Environmental Health’s only concerns are related to the possible
well contamination referenced by Kathy McGrath above. He would like to reiterate those
concerns.
3. Julie Melançon, CPESC, Environmental Program Specialist II at the NYS Department of
Environmental Conservation, had multiple comments:
a. Since the proposed disturbance is less than 1 acre, coverage under the GP-0-20-001
(Construction Stormwater General Permit) is not required. If the scope changes and
disturbance is greater than one acre, there are addition items that would need to be
addressed:
i. A NOI and Full SWPPP would need to be developed before disturbance
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goes over the acre.
ii.GP-0-20-001 does not allow for placement of post-construction stormwater
controls in the FEMA 100-year floodplain.
iii.A letter of No Effect would be required from SHPO.
iv.Please note that GP-0-20-001 does not go into effect until all UPA Permits
are obtained for the site.
b.It does not appear that disturbance of Dry Creek is proposed, however if the plans
change, Dry Creek is classified C(T) in this location.
i.Any disturbance to the bed or banks of the creek would require an Article 15
Protection of Waters Permit. Banks is defined as the land area immediately
adjacent to and which slopes toward the bed of a watercourse and which is
necessary to maintain the integrity of a watercourse. A bank will not be
considered to extend more than 50 feet horizontally from the mean high
water line, with the following exception: Where a generally uniform slope of
45 degrees (100%) or greater adjoins the bed of the watercourse, the bank is
extended to the crest of the slope or the first definable break in slope, either a
natural or constructed (i.e., road or railroad grade) feature, lying generally
parallel to the watercourse.
ii.The Applicant would also need to verify that a federal permit is not required
with Army Corps. If a federal permit is required, DEC may need to issue an
Individual Water Quality Certification if the work does not meet the blanket
water quality cert.
Finally, the proposed site plan review & aquifer protection special permit is considered an
unlisted action under SEQR. The applicant has therefore completed Part I of the Short Environmental
Assessment Form. Parts II & III should then be completed by the Town to determine if there may be
any significant adverse environmental impacts as a result of the proposed subdivision.
______________________________________________________________________________________
RECOMMENDATION -
The staff recommends approval of this application for site plan review & aquifer protection
special permit to construct a 6,000 square foot retail store and associated parking on an existing
partially developed site only if the following contingencies are satisfied:
1.that the Town consider revising §178-45 (B) (1) & (2) of the Code of the Town of
Cortlandville to refer to NYS Department of Environmental Conservation (DEC)
regulations instead of Cortland County Health regulations.
2.that the applicant provide an updated site plan to the Town including a lighting plan,
general landscaping plan, and, if necessary, the locations of emergency zones / fire
hydrants.
3.that the Town review the updated site plan to ensure adequate protection of neighboring
properties, especially those which are residential, against noise, glare, or unsightliness.
4.that the updated site plan be reviewed and approved by the Town of Co1ilandville Fire
Department.
5.that the applicant prepare a storm water pollution prevention plan (SWPPP) in compliance
with the Town of Cortlandville storm water ordinance (Article XVI of the 1985 Zoning
Law of the Town of Cortlandville, Cortland County, New York) and provide it to the Town
for review and approval.
6.that all construction activities avoid discharge of any materials or contaminants including
sediment, nutrients, and petroleum products into Dry Creek.
7.that the mature trees present along the creek frontage be preserved to the greatest extent
practicable to ensure bank stabilization.
8.that the updated site plan including a general landscaping plan use native New York and
non-cultivar plant species to the greatest extent practicable.
9.compliance with SEQR requirements.
Alex M. Schultz
Planner
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R ert Corpora
County Administrator