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HomeMy WebLinkAboutB - 02 Planning Board Minutes 11/28/2023Page 1 of 7 TOWN OF CORTLANDVILLE PLANNING BOARD Minutes of Regular Meeting - Tuesday, 28 November 2023 – 7:00 PM Town Hall Meeting 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 DelVecchio, Town Attorney Nasrin Parvizi Ann Hotchkin Applicants & Public Present Jim Ballantine, from Napierala Consulting & Mike McCracken, representing Hospitality Restaurant Group (Taco Bell); Erich Haesche, applicant for Cortland Christian Radio, Inc.; Cristine Donovan, Lindsay Garner, Mike Leiter, & Katie Boardman, representing Racker; Ronald Bailer, representing First United Methodist Church; Joshua Hodge & Oscar Walton, representing John Cobb; Billy Chan, Drake Harrell, Kaitlyn Toebe, & Dale Hohenstein, representing A NextEra Energy Resources, LLC; Tory Hanna , representing Davis Hill Development; Sue Haesche; Levi Haesche; Jeremiah Haesche; George Haesche; Junita Quaile; Anthony DiLucci; Len Kozlowski; Judith Lundeen; Vicki VanPatten; Johanna Ames; John A. Gaetano; Jack Eves, from X101 News. REGULAR MEETING The Regular Meeting of the Town of Cortlandville Planning Board was called to order at 7:00 p.m. by Chairman Christopher Newell. APPROVAL OF MINUTES – OCTOBER 24, 2023 A motion was made by Member Renzi to approve the Town Planning Board Minutes of 24 October 2023, as submitted. The motion was seconded by Member Updyke, with the vote recorded as follows: Ayes: Chair Newell Nays: None Member Hotchkin Member Parvizi Member Renzi Member Updyke Motion carried. This becomes Action #53 of 2023. OLD BUSINESS MICHAEL MCCRACKEN, APPLICANT/HOSPITALITY RESTAURANT GROUP, REPUTED OWNER – 860 ROUTE 13 – TM #95.20-02-04.000 – Aquifer Permit & Site Plan – The Application for – The Construction of a New Drive-Thru Style Restaurant (Taco Bell) Chairman Newell recognized Jim Ballentine from Napierala Consulting, representing Hospitality Restaurant Group who was seeking an Aquifer Protection District Special Permit and Site Plan approval for the construction of a new drive-thru style restaurant (Taco Bell). Mr. Ballentine presented a brief recap of the proposed project and asked the Board members if they had any questions. Member Hotchkin commented that it looked like the applicant followed all the recommendations from the (T) Cortlandville Planning Board Regular Meeting Minutes 28 November 2023 Page 2 of 7 County. The Board and Mr. Ballentine briefly discussed the building’s slab foundation, the stormwater management plan, and signage. With no further discussion, a motion was made by Member Hotchkin to approve the Site Plan for the construction of a new drive-thru style restaurant (Taco Bell), with the requirement that the applicant follow the Cortland County Planning Department recommendations and a recommendation to the Town Board that they issue an Aquifer Protection District Special Permit and that the Town Board act as Lead Agency under SEQRA. The motion was seconded by Member Renzi, with the vote recorded as follows: Ayes: Chair Newell Nays: None Member Hotchkin Member Parvizi Member Renzi Member Updyke Motion carried. This becomes Action #54 of 2023. NEW BUSINESS CORTLAND CHRISTIAN RADIO, INC. (ERIC HAESCHE), APPLICANT/REPUTED OWNER – 4310 FAIRGROUNDS DR. – TM #76.19-01-29.200 – Conditional Permit – The Application for – Constructing a Building for a Radio Station Chairman Newell recognized Erich Haesche, the applicant for Cortland Christian Radio, Inc., who was seeking Conditional Permit approval for constructing a building for a radio station. PZO Weber informed the Board that a Use Variance for the proposed project was approved by the Zoning Board of Appeals. Mr. Haesche provided a quick review of the proposed project to the Board. Mr. Haesche stated that the radio station is located in the old school building on Fisher Ave., which is currently for sale . Mr. Haesche explained that the radio station can not afford to purchase the property and complete the repairs the building needs, so they would like to purchase the lot next door and build a small building to run the radio station out of and continue using the same radio tower. Mr. Haesche stated that the radio station is run remotely using computers and phones; they only spend four hours a month at the radio station. Mr. Haesche described the proposed building, stating that it would be six-hundred sq. ft., with no windows, one door, a driveway that goes straight to the building, a small restroom, and one-hundred percent electric utilities. Chairman Newell asked for a picture/concept of the proposed building. Mr. Haesche stated that the radio station is seeking approval before they purchase the property because they do not want to purchase the property if they cannot construct the building. Mr. Haesche explained that the design would come after they get approved and move forward with the purchase of the property. The Board and Mr. Haesche briefly discussed the radio tower and the proposed building/materials. With no further discussion, a motion was made by Member Hotchkin to approve the Conditional Permit for constructing a building for a radio station, with the requirement that the applicant provide the Board with the building plans to review before the building permit is issued. The motion was seconded by Member Updyke, with the vote recorded as follows: Ayes: Chair Newell Nays: None Member Hotchkin Member Parvizi Member Renzi Member Updyke Motion carried. (T) Cortlandville Planning Board Regular Meeting Minutes 28 November 2023 Page 3 of 7 This becomes Action #55 of 2023. FRANZISKA RACKER CENTERS, INC. (DBA RACKER), APPLICANT/ANDREW HILDRETH, REPUTED OWNER – 3266 WALDEN OAKS BLVD. – TM #106.05-01-24.000 – Request a Change in Use According to the PUD – Property is Zoned for a Daycare, the Request is to Change to Residential (single home) Chairman Newell recognized Cristine Donovan, representing Racker who was requesting a change in use according to the PUD. PZO Weber explained to the Board and everyone in attendance that the only question before the Planning Board is whether or not they would make a recommendation to the Town Board to consider changing the use of that property from a daycare center, which is the designated use in the PUD to a residential use, which would be limited to a single-family dwelling. PZO Weber continued by stating that under New York State Law, a group home is considered a single-family dwelling and that the Town Board is the board that makes the decision as to whether or not a group home would be allowed there or not. The Planning Board has no role in that decision. Attorney DelVecchio reiterated PZO Weber’s explanation of the Planning Board’s role and asked those in attendance for the Racker project if they had any questions after PZO Weber’s explanation of what was happening at this meeting. No one in attendance spoke. Attorney Delvecchio stated that two residents had requested privilege of the floor and explained that the Planning Board usually does not allow privilege of the floor. Attorney DelVecchio stated that it would be up to Chairman Newell to allow the residents to speak. Lindsay Garner, real estate agent for the Racker asked when they would know the Planning Board’s decision. Attorney DelVecchio stated that everyone should know tonight. PZO Weber was asked to explain the PUD and the recommended lot sizes and amenities, which he did. The Board discussed the requests for privilege of the floor. Chairman Newell stated that the Board typically does not offer privilege of the floor and that discussion usually occurs during a public hearing. Chairman Newell stated that he would like to hear what the residents have to say. Chaiman Newell offered privilege of the floor to John A. Gaetano, President of the Walden Oaks Homeowner Association. Mr. Gaetano asked a few questions about lot size and setback requirements and abstained from speaking further. Chairman Newell asked Cristine Donovan, representing Racker, to speak. Ms. Donovan explained the need for the change in use, stating that the lot was advertised as residential, and that Racker did not know about the zoning issue until after they had a signed contract. Ms. Donovan stated that this lot is the perfect lot for a Racker home due to its location and utilities. The Board and Ms. Donovan discussed Member Renzi’s list of comments and questions as follows. COMMENTS RELATIVE TO THE RACKER CENTER REQUEST FOR CHANGE OF USE FOR PARCEL IN PUD 1.THE PARCEL IS LOCATED AT WALDEN OAKS PUD. 2. THE PARCEL WAS ORIGINALLY DESIGNATED FOR A DAYCARE. 3. THE CORTLANDVILLE CODE DEFINES DAY CARE AS “A PLACE FOR THE CARE OF THREE OR MORE CHILDREN AWAY FROM THEIR OWN HOMES WHO STAY FOR A PERIOD OF THREE OR MORE BUT LESS THAN 24 HOURS DURING ANY DAY". (T) Cortlandville Planning Board Regular Meeting Minutes 28 November 2023 Page 4 of 7 4. A GROUP HOME IS DEFINED IN THE CORTLANDVILLE CODE AS “A SINGLE-FAMILY RESIDENCE USED FOR THE PROVISION OF HEALTH OR SOCIAL CARE FOR UNRELATED PERSONS.” 5. THE COMMUNITY RESIDENTIAL “HOME WILL BE A SUPERVISED INDIVIDUALIZED RESIDENTIAL ALTERNATIVE (IRA) FOR SIX ADULTS WITH DEVELOPMENTAL DISABILITIES.” 6. HOW MANY EMPLOYEES WILL BE ON DUTY EACH SHIFT? 7. HOW MANY SHIFTS WILL THERE BE IN ANY 24-HOUR PERIOD? 8. ARE THE EMPLOYEES MANDATED TO REMAIN ON DUTY IF THEIR SHIFT RELIEF DOES NOT SHOW UP FOR DUTY? 9. WHAT WOULD THE FREQUENCY BE FOR BUS OR VAN P ICK UPS FOR SHOPPING OR SIGHT- SEEING EXCURSIONS? 10. WILL THERE BE ANY SPECIAL PARKING REQUIREMENTS? 11. WILL THERE BE ANY SPECIAL EXTERIOR LIGHTING? 12. THE LETTER TO BRUCE WEBER DATED 11/7/23 ON PAGE 2 DEFINES THREE WAYS THE MUNICIPALITY CAN RESPOND. THIS SECTION DOES NOT INCLUDE SOME ACTIONS THAT CAN BE TAKEN UNDER THE N.Y. MENTAL HYGIENE LAW SECTION 41.34 SITE SELECTION OF COMMUNITY RESIDENTIAL FACILITIES. THESE ACTION WOULD BE AIMED AT RESOLVING ANY DISAGREEMENT WITH THE REQUESTED ACTION. 13. DOES THE FACT THAT A GROUP HOME CURRENTLY EXISTS ABOUT ONE MILE AWAY HAVE ANY IMPACT IN THE LOCATION OF THE ONE BEING PROPOSED? NICK RENZI November 28, 2023 Chairman Newell offered privilege of the floor to Vicki VanPatten, Walden Oaks resident. Ms. VanPatten voiced her concerns regarding the view from her home and the traffic. Chaiman Newell offered privilege of the floor to John A. Gaetano, President of the Walden Oaks Homeowners Association for a second time. Mr. Gaetano stated that the Homeowners Association board wants to make sure that the Homeowners Association By-Laws are followed, and that if approved, the home would be approved by the Walden Oaks Homeowners Architectural Committee. The Board and Ms. Donovan discussed the proposed residential home and the residents that would be living there including: what type of disability the residents would have and the residents’ age; the footprint of the proposed residential home, including setback and the number of bedrooms; the lot size; the fact that it is a corner lot; and the driveway. Attorney DelVecchio encouraged the Board to make a decision, stating that the Town Board would appreciate the Planning Board’s input. At the end of discussion, the Board was unable to make a recommendation to the Town Board to approve or deny the request for the change in use as two members (Newell and Hotchkin) voted to approve the change, two members (Renzi and Parvizi) voted to deny the change, and one member (Updyke) abstained from voting due to lack of information. (T) Cortlandville Planning Board Regular Meeting Minutes 28 November 2023 Page 5 of 7 No Action Taken. FIRST UNITED METHODIST CHURCH, APPLICANT/REPUTED OWNER – 734 ROUTE 222 – TM #95.07-02-11.000 – Subdivision of Land– The Application for – Lot Line Adjustment Chairman Newell recognized Ronald Bailer, representing First United Methodist Church, who was seeking approval for a lot line adjustment. The Board and Mr. Bailer briefly discussed the proposed lot line adjustment. 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 Updyke, with the vote recorded as follows: Ayes: Chair Newell Nays: None Member Hotchkin Member Parvizi Member Renzi Member Updyke Motion carried. This becomes Action #56 of 2023. JOHN COBB, APPLICANT/REPUTED OWNER – 288 HATFIELD RD. & HATFIELD RD. – TM #74.00- 02-03.200 & #74.00-02-05.000 – Subdivision of Land – The Application for – Lot Line Adjustment Chairman Newell recognized Joshua Hodge, representing John Cobb, who was seeking approval for a lot line adjustment. Mr. Hodge explained that he plans to purchase one of the lots and that he is the one who has had the survey done. The Board and Mr. Hodge briefly discussed the proposed lot line adjustment. With no further discussion, a motion was made by Member Hotchkin 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 Hotchkin Member Parvizi Member Renzi Member Updyke Motion carried. This becomes Action #57 of 2023. BILLY CHAN, REPRESENTING A NEXTERA ENERGY RESOURCES, LLC, APPLICANT/FORBES REALTY, LLC, REPUTED OWNER – RILEY RD. – TM #87.00-03-03.100 – Sketch Plan Conference held for a proposed Ground-Mounted Tier 3.b. Large-Scale Solar Energy System. Chairman Newell recognized Billy Chan, representing A NextEra Energy Resources, LLC who provided the Board with a sketch plan review for a proposed grounded -mounted tier 3.b. large-scale solar energy system. Mr. Chan stated that this project was presented to the Board in 2021 on the same property but in a different location on the property. Member Updyke asked if the Board “took action” on the previous project. PZO Weber answered no, “not that I can recall.” The Board and Mr. Chan reviewed the maps (T) Cortlandville Planning Board Regular Meeting Minutes 28 November 2023 Page 6 of 7 and list of documents that were provided. Mr. Chan listed some of the components pertaining to the proposed project which included a 5-megawatt AC; the utility would be National Grid and the applicant already has a contract with National Grid; that the proposed project would be solar only; and that the construction would be planned for early 2025, with commercial operation by the end of 2025. Member Renzi asked if there would be battery storage. Mr. Chan answered no. Chairman Newell asked how many acres the proposed project would use. Mr. Chan answered about twenty-four acres. Mr. Chan stated that they planned to purchase the land ; they would not be leasing the land. Mr. Chan stated that they would have to run a cable underground through two parcels and that they are in the process of obtaining the easements to do so. Member Hotchkin expressed her concern with covering too much territory in the same area with solar. The Board and Mr. Chan discussed slope; wetlands; prime farmland; view-shed/visual impacts; how close the other solar projects in the area are to the proposed project; and all the applications required for the proposed project. Chairman Newell thanked Mr. Chan. Chairman Newell apprised the Board that an email requesting privilege of the floor regarded this proposed project was received from Matthew Smith. Chairman Newell called on Mr. Smith to speak however Mr. Smith was not in attendance. Attorney DelVecchio asked the Board to receive and file Mr. Smith’s email. Chairman Newell made a motion, seconded by Member Renzi, to receive and file an email dated November 28, 2023, from Matthew Smith. All voting aye, the motion was carried. No Action Taken. DAVIS HILL DEVELOPMENT, APPLICANT/CARL J. STALEY, REPUTED OWNER – 3524 PAGE GREEN RD. – TM #96.00-09-10.000 – Sketch Plan Conference held for a proposed 2.1-Megawatt Ground Mount Solar Energy System which includes a Battery Energy Storage System Component. Chairman Newell recognized Tory Hanna, representing Davis Hill Development who provided the Board with a sketch plan review for a proposed 2.1-megawatt ground mount solar energy system which includes a battery energy storage system component. Mr. Hanna briefly described the proposed project stating that it will take up about seven acres of land; that the site is set back and out of view; that the site is flat; and that the site has mostly new growth (brush) and not many trees. Mr. Hanna explained that they are in the early stages of planning and that they have filed an application with National Grid to tie into the sub transmission line in that area. Mr. Hanna stated that they should hear from National Grid with an “approval or deal breaker” by March and would know if this project is feasible. Mr. Hanna stated that they just wanted to get in front of the Board as soon as possible to introduce the proposed project. The Board and Mr. Hanna briefly discussed the brush and the trees: the driveway; prime farmland; sheep grazing; and the visual impact. Mr. Hanna said they would be happy to host a site visit if any of the Board members would be interested. Member Updyke asked if they would lease or purchase the property. Mr. Hanna answered that they would lease the property. Chairman Newell thanked Mr. Hanna. No Action Taken. (T) Cortlandville Planning Board Regular Meeting Minutes 28 November 2023 Page 7 of 7 Other Discussion • Member Hotchkin asked Attorney DelVecchio if there is a way for the Town Board/Planning Board to address all the solar going up on or around Riley Road. Member Hotchkin stated that in her opinion it feels like too much solar in a small area and that it has a large visual impact. Attorney DelVecchio answered that the Board needs to look at each project individually and that the code may allow the Board to address the visual impact. The Board members briefly discussed all the solar in that area and the visual impact. ADJOURNMENT At 8:34 p.m., a motion to adjourn the meeting was made by Chairman Updyke, 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 12/13/2023.