HomeMy WebLinkAboutI - 07a County Resolution - CP Read RealtyON THE MOTION OF Amy Bertini RESOLUTION NO.22-32
Daniel Haynes
GML# 86.13-01-32.000
Town of Cortlandville
Site Plan Review & Aquifer
Protection Special Permit
CP Read Realty, LLC
WHEREAS, on October 28 the Zoning Enforcement Officer, Town of Cortlandville,
pursuant to General Municipal Law 239 M submitted an application for site plan review & aquifer
protection special permit because the property is located within 500 feet of NYS Route 281, NYS
Route 222, & Kinney Gulf Road (County Route 111), AND
WHEREAS, the Cortland County Planning Department has reviewed this request and
submitted a written report dated November 10, 2022, which is on file, AND
WHEREAS, the Cortland County Planning Board on November 16, 2022, held a regular
meeting with a quorum and did consider this request, AND
WHEREAS, the Cortland County Planning Board did thoroughly consider the material
submitted by the petitioner, Department comments, and all other relevant reports on file, NOW
THEREFORE BE IT
RESOLVED, that only upon adherence to the following contingencies does the Board
recommend 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:
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 Cortlandville Fire Department.
5. that the applicant prepare a storm water pollution prevention plan (S WPPP) 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.
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.
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. that all stormwater management facilities be out of the FEMA 100-year floodplain.
10. compliance with SEQR requirements., AND
BE IT FURTHER RESOLVED, that the Board reminds the Town of Cortlandville the
requirements of General Municipal Law Section 239 M that a supermajority vote is to be attained
by the Town in order to approve this application unless every contingency documented in this
resolution is followed, AND
BE IT FURTHER RESOLVED, that the Board reminds the Town of Cortlandville the
requirements of General Municipal Law Section 239 M that the Town is to file a report of final
action with the Planning Department within thirty days after final action, AND
BE IT FURTHER RESOLVED, that the Planning Department is hereby authorized to
convey this action to the Zoning Enforcement Officer, Town of Cortlandville.
Laurie Comfort�Secretaryl
Cortland County Planning Board
November 16, 2022
Ayes: 6
Nays: 0