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
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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.
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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".
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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.
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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
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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.
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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.