HomeMy WebLinkAboutI - 11 Cortland Used Cars PB Review & RecommendationsCortland 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 Return
April 7, 2023
GML# 95.12-01-21.000 &
95.12-01.24.000
Town of Cortlandville
Aquifer Protection District
Special Permit, Conditional Permit &
SWPPP
Malchak
TO: Cortland County Planning Board
FROM: Cortland County Planning Department
______________________________________________________________________________
These applications for an aquifer protection district special permit, conditional permit, and stormwater pollution
prevention plan (SWPPP) are being referred to the Cortland County Planning Board pursuant to General
Municipal Law 239-M because the property is located within 500 ft. of NYS Route 281 (West Road).
______________________________________________________________________________
GENERAL INFORMATION
Date Received: March 2023
Applicant: Shawn Malchak
DBA Cortland Used Cars
3600 West Road
Cortland, NY 13045
Status of Applicant: Owner
Requested Action: Aquifer Protection District Special Permit, Conditional
Permit, and SWPPP
Purpose: Replacement of current automobile sale and service building
with a new 8,700 SF facility with additional paving
Location: approx. 270 ft. south of the intersection of McLean Rd. and
Route 281 (West Road)
Size: 4.47 +/- acres total
Existing Zoning: B-3 (Planned Commercial Business)
Existing Land Use: Cortland Used Cars
Surrounding Zoning: B-3 (Planned Commercial Business) and I-2 (General
Industrial)
Surrounding Land Uses: N – Vacant lot owned by South Cortland Hotel Group
S – Vacant lot owned by McNeil Dev. Co., Kennedy
Massage Therapy Office
E – Cortlandville Town Hall and Fire Department
W – Gutchess Lumber Co.
ANALYSIS:
The applicant is requesting an aquifer protection district special permit, conditional permit, and SWPPP
review to construct an 8,700 sq. ft. auto sales and repair facility with accessory parking for 62 vehicles with
additional stormwater runoff infrastructure and retention areas. The property is located approximately 270 ft.
south of the intersection of McLean Rd. and NYS Route 281 and is zoned B-3 (Planned Commercial Business).
The Coordinated Review Committee (CRC) reviewed this proposal and addressed the following issues.
Automobile repair facilities are permitted in the B-3 District subject to a conditional permit. An aquifer
protection district special permit is also required as there are additional requirements for automobile repair
facilities within the aquifer protection district and the project would exceed $150,000 in development cost. The
site currently has 75 allowed parking spaces, and this project includes 62 parking spaces for a net decrease of
thirteen parking spaces. The additional paved area would serve less for parking as it would driving access
around the whole building as well as paved space for vehicles to pull into the repair shop bays toward the rear.
The proposed new parking spaces conform to the Town’s requirements of 10 ft. by 20 ft. for all parking spaces.
The proposed parking lot addition would be extended along the sides of the proposed facility with an adequate
driving lane.
Jeffrey Deep from the NYS Department of Transportation (DOT) noted that the applicant must
coordinate the site development with NYSDOT, including site plan, drainage report, and photometric plan. Mr.
Deep also noted that any work within the State right-of-way will require a Highway Work Permit.
The project is located within Area 1a of the Town’s Wellhead Protection Zone and therefore is required
to have less than 50% lot coverage. The proposed facility footprint’s increase from 1,867 sq. ft. to 8,700 sq. ft
and the additional 44,103 sq. ft. of paved parking area added to the remaining 30,823 sq. ft. increases the lot
coverage from 17% to 44%. 44% of lot coverage is still below the maximum lot coverage requirement of 50%
for lots greater than three acres in size in Area 1a of the Wellhead Protection Zones as per the Town of
Cortlandville zoning code Article IA - Section 178-2.4 (A.) (1). This property is also located within Area I of
the Aquifer Protection District. Vehicle servicing within the Aquifer Protection District is subject to the
following requirements as per Article X – Section 178-45 (B.):
1. Floor drains must be connected to a holding tank or sanitary sewer equipped with an oil and grit
separating tank. The applicant is proposing to install floor drains in this portion of the facility as
vehicles would be washed before body work is performed.
2. Wastes collected in a holding tank must be disposed of through a licensed waste hauler.
3. Waste degreasing solvents must be stored in drums or a holding tank and disposed of through a licensed
waste hauler.
4. Waste oil must be stored in tanks or drums for disposal by a licensed waste hauler.
5. Storage facilities for tanks and/or drums require coated concrete floors and dikes to retain accidental
spills or leaks; a permanent roof to protect tanks or drums and to prevent precipitation from entering
dikes. Drums should be sealed, and tanks and drums must be located away from floor drains.
6. Large drip pans should be kept beneath drums which have spigots and are stored in horizontal position
on racks.
7. Potentially contaminated scrap, including but not limited to scrap parts, batteries and used filters shall
be stored in proper containers to prevent environmental release of contaminants.
The applicant has indicated that all of these requirements will be met.
The Cortland County Soil and Water Conservation District noted that “This site is immediately
upgradient of and approximately 400 feet from the Town of Cortlandville Terrace Road public water
supply well (PSW) and is located over the Cortland Homer Preble Sole Source Aquifer. Siting of any
commercial/industrial facility handling toxic and hazardous substances at a location such as this is of
concern for the safety of the Town’s only water supply. All collected waste fluids should be pretreated in
an oil-water separator under cover and discharged to the public sewage treatment infrastructure.”
It is therefore recommended that all collected waste fluids should be pretreated in an oil-water separator
under cover and discharged to the public sewage treatment infrastructure
The applicant has not provided specific information as to the exact nature of repairs to be performed at
the facility. It is assumed that it would be used strictly for general auto repair as outlined in the application,
but there are no details regarding ventilation or chemicals/materials to be used at the facility. It is recommended
that the applicant provide to the Town a list and quantity of all chemicals to be stored on site, including a plan
of primary and secondary storage for these chemicals. The applicant should also detail any plans for paint
booth use, car wash or other operations including chemicals with the chemical list/storage plan mentioned
above if they apply. It is also recommended that the applicant submits to the Town a Spill Response Plan and
Spill Prevention, Control & Countermeasures Plan for the facility for review and approval.
The applicant has indicated that there would be little or no increase in traffic generated by this
demolition and reconstruction of the new sales and repair facility. All vehicles would enter the site via an
existing driveway on the east side of NYS Route 281 and exit the site via the same existing driveway entrance.
The proposed new facility includes new water and sewer lines to tie into existing lines on the
parcel. It is recommended that the applicant consult with the County Health Department and Town
regarding any approvals required for these connections and to ensure the existing connections will be
sufficient.
The applicant has not provided a lighting plan for this proposal. It is recommended that any new
lighting be designed in accordance with the Design and Development guidelines outlined in Article XXIII
of the Code section 178-140 (D.) (4). Any lighting for the proposed facility shall also be directed in such
manner so as not to infringe on the neighboring properties.
There is no indication that any new or additional signage will be included in this project. It is
recommended that if that applicant includes any signage either on the building or near NYS Route 281
that the signage be in accordance with the Town of Cortlandville Zoning Code Article XVIII: Signs.
The applicant has prepared and submitted a Stormwater Pollution Prevention Plan for this
development per the Town’s stormwater ordinance as the total impervious surface of the lot would be
more than 35% of the total lot area. During the CRC meeting the Cortland County Soil and Water
Conservation District noted that “Stormwater management of this project is regulated by the Town of
Cortlandville (municipal ordinance) and NYSDEC (SPDES). Because this facility will include vehicle
servicing, any area where vehicles requiring service are parked and not under cover is considered a
hotspot; hotspot rules for stormwater management will apply. Hotspot requirements in the NYSDEC
Design Manual should be carefully reviewed to ensure adequate treatment. Hotspot stormwater should
not be treated with infiltration practices without pretreatment focused on the specific contaminants
present. Stormwater management should ensure adequate treatment of both quality and quantity aspects of
stormwater from this property, including hotspot drainage”.
It is also determined that more than one acre of land will be disturbed as a result of this project,
the applicant must also file a Notice of Intent with the NYS Department of Environmental Conservation
(DEC) in addition to the preparation of a stormwater pollution prevention plan for the site per the NYS
Phase II stormwater regulations.
There area several new drain inlets proposed that are tying into a new infiltration basin that would
be used to capture stormwater from the proposed additional impervious area. It is important to note that
Otter Creek is approximately 400 ft from the proposed development and that no contaminants or excess
stormwater should be permitted to reach Otter Creek. The Soil and Water Conservation District will be
reviewing the stormwater plan on behalf of the Town.
The proposed site is also listed with the Office of Parks, Recreation and Historic Preservation (OPRHP)
as an archaeologically sensitive area and the applicant has indicated that this project will require submission
and review by OPRHP. Julie Melancon from DEC noted in the CRC that the mapping from OPRHP is not
sufficient to meet the intent of GP-0-20-00. It is therefore recommended that the applicant consult directly with
SHPO under section 106 of the National Historic Preservation Act of 1966 or DHP under Section 14.09 of the
New York State Historic Preservation Act to verify the site as archeologically sensitive.
Finally, this proposal is considered an Unlisted Action under SEQR. The applicant has completed Part
I of the Short Environmental Assessment Form. Part II and III should be completed by the Town to determine
if there may be any significant adverse environmental impacts as a result of the proposed development.
RECOMMENDATIONS
The staff recommends approval of this application for an Aquifer Protection District Special Permit,
Conditional Permit & SWPPP for the replacement of current automobile sale and service building with a new
8,700 SF facility with additional paving only if the following contingencies are satisfied:
1. the applicant must coordinate the site development with NYSDOT, including site plan, drainage report,
and photometric plan
2. that any work within the State right-of-way will require a Highway Work Permit
3. that all collected waste fluids should be pretreated in an oil-water separator under cover and
discharged to the public sewage treatment infrastructure
4. that the applicant provides to the Town a list and quantity of all chemicals to be stored on site,
including a plan of primary and secondary storage for these chemicals
5. the applicant provide detail any plans for paint booth use, car wash or other operations including
chemicals with the chemical list/storage plan mentioned above if they apply
6. that the applicant submits to the Town a Spill Response Plan and Spill Prevention, Control &
Countermeasures Plan for the facility for review and approval
7. that the applicant consult with the County Health Department and Town regarding any approvals
required for these connections and to ensure the existing connections will be sufficient
8. that any new lighting be designed in accordance with the Design and Development guidelines
outlined in Article XXIII of the Code section 178-140 (D.) (4). Any lighting for the proposed
facility shall also be directed in such manner so as not to infringe on the neighboring properties
9. if that applicant includes any signage either on the building or near NYS Route 281 that the
signage be in accordance with the Town of Cortlandville Zoning Code Article XVIII: Signs
10. that the applicant consult directly with SHPO under section 106 of the National Historic Preservation
Act of 1966 or DHP under Section 14.09 of the New York State Historic Preservation Act to verify
the site as archeologically sensitive
11. the applicant must also file a Notice of Intent with the NYS Department of Environmental
Conservation (DEC) in addition to the preparation of a stormwater pollution prevention plan for
the site per the NYS Phase II stormwater regulations
12. compliance with SEQR requirements
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Prepared by Cortland County Planning Department