HomeMy WebLinkAboutB - 02 Planning Board Minutes 3/28/2023Page 1 of 5
TOWN OF CORTLANDVILLE PLANNING BOARD
Minutes of Regular Meeting - Tuesday, 28 March 2023 – 6:30 PM
Town Hall Board Room – 3577 Terrace Road – Cortland, NY
Board Members (*absent) Others Present
Christopher Newell, Chairman Bruce Weber, Town Planning/Zoning Officer
Nicholas Renzi Abigail C. Albro, Board Secretary
Laird Updyke John A. DelVecchio, Town Attorney
Nasrin Parvizi
Ann Hotchkin
Applicants & Public Present
James Easton for Regan Development; Tim Alger for CP Read Realty, LLC; Applicant, Susan Sherman-
Broyles; Dante Armideo for Applicant David & Tina Peacock; Joseph Cavender, QPK Design for 8961
Route 11 Properties, LLC; Attorney Fran Casullo, Engineer Tim Buhl, and Applicants Sean Malchak &
Ann Swisher for Cortland Used Cars; Engineer Rebecca Minas from Barton & Loguidice.
REGULAR MEETING
The Regular Meeting of the Town of Cortlandville Planning Board was called to order at 6:30 p.m.
by Chairman Christopher Newell.
OLD BUSINESS
REGAN DEVELOPMENT, APPLICANT/JOSEPH & DANTE ARMIDEO, REPUTE D OWNERS - 968 NYS
ROUTE 13 - TM #96.13-01-02.110 – SEQR for Proposed Development
Chairman Newell recognized James Easton for Regan Development. Mr. Easton explained that since the
prior meeting the Board received the following: the NYSDOT report stating they are not recommending a
turn lane for this project based on the traffic report; the “non-permit” from the Army Corps of Engineers
stating that the project doesn’t impact any wetlands or require a permit for disturbance of the stream;
and the letter from the Cortland County Soil and Water Conservation District stating the project plans
meet the intent of the Town’s stormwater ordinance. Mr. Easton explained that he did not resubmit the
plans but will do so for the final site plan approval.
Chairman Newell then read aloud Part 2 of the Full Environmental Assessment Form followed by Part 3
Supporting Information with participation from the members of the Board, Engineer Rebecca Minas
from Barton & Loguidice and Mr. Easton.
With no further discussion, a motion was made by Member Renzi that the Town Planning Board’s
document, “Part 2 Full Environmental Assessment Form including Part 3 Supporting
Information,” is excepted and approved for the record pending final edit by Barton & Loguidice.
The motion was seconded by Member Updyke, with the vote recorded as follows:
Ayes: Chair Newell Nays: None
Member Renzi
Member Parvizi
Member Updyke
Member Hotchkin
Motion carried.
This becomes Action #8 of 2023.
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Chairman Newell read aloud, and the Board briefly discussed, SEQR Part 2 of the Full Environmental
Assessment Form including Part 3 Supporting Information and declared a Conditional Negative finding
based on Barton and Loguidice’s final edit. Therefore, it was determined by the Planning Board, on a
motion made by Member Hotchkin, that the proposed action, based on the information and
analysis of the SEQR concerning this application for an Aquifer Protection District Permit and a
Conditional Permit for a proposed Development will not produce a significant adverse
environmental impact, resulting in a Negative Declaration. The motion was seconded by Member
Parvizi, with the vote recorded as follows:
Ayes: Chair Newell Nays: None
Member Renzi
Member Parvizi
Member Updyke
Member Hotchkin
Motion carried.
This becomes Action #9 of 2023.
CP READ REALTY, LLC (MELDRIM’S PAINT CENTER), APPLICANT/REPUTED OWNER – 3975 NYS
ROUTE 281 – TM #86.13-01-32.000 – Site Plan for the proposed 6000 SF Retail Store &
Associated Parking on an Existing Partially Developed Site
Chairman Newell recognized Tim Alger for CP Read Realty, LLC, and Engineer Tim Buhl. There was a
brief discussion with the Board regarding the existing building, which will remain in front of the new
building and be used for storage, and the recommendations from the Cortland County Planning
Department. Regarding one of the Cortland County Planning Department recommendations, Member
Hotchkin asked Mr. Alger if he had received the letter from SHPO. Mr. Alger stated he felt confident they
would receive the letter.
With no further discussion, a motion was made by Member Hotchkin to recommend to the Town
Board that they issue an Aquifer Protection District Special Permit and act as Lead Agency under
SERQA. The motion was seconded by Member Updyke, with the vote recorded as follows:
Ayes: Chair Newell Nays: None
Member Renzi
Member Parvizi
Member Updyke
Member Hotchkin
Motion carried.
This becomes Action #10 of 2023.
A motion was then made by Member Hotchkin to approve the Site Plan dated October 18, 2022,
contingent on the applicant receiving the letter from SHPO for the proposed 6000 SF Retail Store
& Associated Parking on an Existing Partially Developed Site . The motion was seconded by
Member Updyke, with the vote recorded as follows:
Ayes: Chair Newell Nays: None
Member Renzi
Member Parvizi
Member Updyke
Member Hotchkin
Motion carried.
This becomes Action #11 of 2023.
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Page 3 of 5
NEW BUSINESS
SUSAN L. SHERMAN-BROYLES, APPLICANT/REPUTED OWNER – 1595/1601 LIGHTHOUSE HILL
ROAD – TM #76.00-03-09.120 & .200 – Lot Line Adjustment
Chairman Newell recognized Susan Sherman-Broyles who was seeking a lot line adjustment for the
properties referenced above. Ms. Sherman-Broyles explained that she would like to sell 1595 Lighthouse
Hill Road
(a vacant property) however part of the driveway for 1601 Lighthouse Hill Road is located at 1595. The
Board had no questions or comments.
With no further discussion, a motion was made by Member Renzi to approve the Lot Line
Adjustment, as requested. The motion was seconded by Member Updyke, with the vote recorded
as follows:
Ayes: Chair Newell Nays: None
Member Renzi
Member Parvizi
Member Updyke
Member Hotchkin
Motion carried.
This becomes Action #12 of 2023.
WILLIAM CLEARY, APPLICANT/DAVID PEACOCK, REPUTED OWNER – 4305 ROUTE 11 – TM
#76.19-01-38.000 – Lot Line Adjustment
Chairman Newell recognized Dante Armideo, representing David & Tina Peacock requesting a lot line
adjustment for the property referenced above. Mr. Armideo explained that Mr. Peacock would like to
convey a portion of his parcel to William Cleary, who owns the adjoining property. The Board had no
questions or comments.
With no further discussion, a motion was made by Member Parvizi to approve the Lot Line
Adjustment, as requested. The motion was seconded by Member Hotchkin, with the vote
recorded as follows:
Ayes: Chair Newell Nays: None
Member Renzi
Member Parvizi
Member Updyke
Member Hotchkin
Motion carried.
This becomes Action #13 of 2023.
ROBERT GEIGER, APPLICANT/8961 ROUTE 11 PROPERTIES LLC (CORTLAND CHYSLER DODGE
JEEP RAM), REPUTED OWNER - 3878 NYS ROUTE 281 - TM #86.17-01-08.210 - Aquifer,
Conditional & Site Plan - The Application for - New Construction of Auto Sales and Car Repair
Facility
Chairman Newell recognized Joseph Cavender from QPK Design representing 8961 Route 11 Properties,
LLC. Mr. Cavender explained since the first meeting with the Board he was able to develop a design that
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meets corporate requirements and a schematic level site plan. Member Hotchkin briefly discussed the
new building being larger than the existing building. Mr. Cavender explained when dealing with auto
dealerships/sales it is necessary to meet corporate requirements. Also, Mr. Cavender proposed several
solutions regarding Storm Water Requirements.
Chairman Newell commented that the Board needed to decide who would act as Lead Agency under
SEQRA regarding this project. There was a brief discussion with Board Members and Attorney
DelVecchio regarding SEQRA. Member Hotchkin briefly discussed the number of parking spots.
Attorney DelVecchio recommended the Town Planning Board act as Lead Agency under SEQRA.
With no further discussion, a motion was made by Member Renzi that the Town Planning Board
will act as Lead Agency under SEQRA for the proposed New Construction of Auto Sales and Car
Repair Facility. The motion was seconded by Member Updyke, with the vote recorded as follows:
Ayes: Chair Newell Nays: None
Member Renzi
Member Parvizi
Member Updyke
Member Hotchkin
Motion carried.
This becomes Action #14 of 2023.
A motion was then made by Member Hotchkin that the application for an Aquifer Protection
District Special Permit, Conditional Permit and Site Plan for the New Construction of Auto Sales
and Car Repair Facility be sent to Cortland County Planning for their review. The motion was
seconded by Member Updyke, with the vote recorded as follows:
Ayes: Chair Newell Nays: None
Member Renzi
Member Parvizi
Member Updyke
Member Hotchkin
Motion carried.
This becomes Action #15 of 2023.
SHAWN MALCHAK DBA CORTLAND USED CARS, APPLICANT/SHAWN MALCHAK, REPUTED
OWNER – 3594/3600 NYS ROUTE 281 – TM #95.12-01-21.000 & 24.000 – Aquifer & Conditional –
The Application for - New Automobile Sales/Service Facility
Chairman Newell recognized Attorney Fran Casullo, Engineer Tim Buhl, and Applicants Sean Malchak
& Ann Swisher for Cortland Used Cars. There was discussion regarding the site plan meeting the Town
Code requirements. Attorney Casullo assured the Board the applicants would meet the requirements of
the Town Code. Planning/Zoning Officer Bruce Weber recommended the Planning Board forward the
application to the Cortland County Planning Board and give the applicant some time to review the Town
Code.
Member Parvizi and Member Hotchkin discussed the applicant starting the process with SHPO. The
applicant provided Part 1 of the Short Environmental Assessment Form. The Board briefly discussed
SEQR and Attorney DelVecchio recommended the Town Board act as Lead Agency.
With no further discussion, a motion was made by Member Renzi that the application for an
Aquifer Protection District Special Permit and a Conditional Permit for the New Automobile
Sales/Service Facility be sent to Cortland County Planning Board fo r their review. The motion
was seconded by Member Updyke, with the vote recorded as follows:
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Ayes: Chair Newell Nays: None
Member Renzi
Member Parvizi
Member Updyke
Member Hotchkin
Motion carried.
This becomes Action #16 of 2023.
Other Discussion
Chairman Newell and the Board discussed nominating retired Planning/Zoning Board Secretary Joan E.
Fitch for the Town of Cortlandville Hall of Fame.
With no further discussion, a motion was made by Member Renzi that the Town Planning Board
Nominate Retired Planning/Zoning Secretary Joan E. Fitch for the Town of Cortlandville Hall of
Fame. The motion was seconded by Member Hotchkin, with the vote recorded as follows:
Ayes: Chair Newell Nays: None
Member Renzi
Member Parvizi
Member Updyke
Member Hotchkin
Motion carried.
This becomes Action #17 of 2023.
Chairman Newell and the Board discussed compensation for current and former Planning Board
members regarding an ongoing lawsuit and their time spent preparing for and giving deposition.
Chairman Newell would present the request to the Town Supervisor.
ADJOURNMENT
At 8:23 p.m., a motion to adjourn the meeting was made by Member Renzi, seconded by Member
Hotchkin, with all members present voting in the affirmative.
Abigail C. Albro, Board Secretary E-mailed to Town Clerk, AR, Bd. Members, JD,
County Planning, BW and KM & DC on 04/17/23.