HomeMy WebLinkAbout06-15-2011JUKE 15, 2011
5:20 P.M.
PUBLIC HEARING NO. 1
AQUIFER PROTECTION PERMIT
CORTLANDVILLE CROSSING, LLC
854 ROUTE 13
TAX MAP #95.20-02-06.000-1
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning
an application for an Aquifer Protection permit, requesting the construction of a 12,889+square
foot mixed use/retail building with accessory parking and to replace the existing freestanding
signs at Cortlandville Crossing, for property owned by Cortlandville Crossing, LLC, located on
the east side of NYS Route 13, along the road frontage of Cortlandville Crossing between
Applebee's and Tractor Supply, tax map #95.20-02-06.000-1.
Members present: Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman, Ronal L. Rocco
Councilman, John C. Proud
Councilman, Gregory K. Leach
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; News
Reporters: Jeremy Houghtaling from the Cortland Standard, and Sharon Stevans for Channel 2,
Access TV; Steven Flatt and Sara Leach.
Supervisor Tupper called the Public Hearing to order.
Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal notice.
Supervisor Tupper offered privilege of the floor to those in attendance. No requests were
made.
No further comments or discussions were heard.
The Public Hearing was closed at 5:21 p.m.
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JUNE 15, 2011
5:21 P.M.
PUBLIC HEARING NO. 2
AQUIFER PROTECTION PERMIT
REDDDING HUNTER, INC
1089 STARR ROAD
TAX MAP#96.09-01-58.200,96.09-01-59.200
96.09-01-62.000 & 96.09-01-63.000
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning
an application for an Aquifer Protection Permit, requesting the removal of an existing residential
structure and to construct a 6,680 square foot addition to a light industrial use with accessory
parking, for property owned by Redding Hunter, Inc., located on the north side of Starr Road,
approximately 320 feet east of the Starr Road/NYS Route 13 intersection, tax map 996.09-01-
58.200, 96.09-01-59.200, 96.09-01-62.000 & 96.09-01-63.000.
Members present: Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman, Ronal L. Rocco
Councilman, John C. Proud
Councilman, Gregory K. Leach
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; News
Reporters: Jeremy Houghtaling from the Cortland Standard, and Sharon Stevans for Channel 2,
Access TV; Steven Flatt and Sara Leach.
Supervisor Tupper called the Public Hearing to order.
Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal notice.
Supervisor Tupper offered privilege of the floor to those in attendance. No requests were
made.
No further comments or discussions were heard.
The Public Hearing was closed at 5:22 p.m.
291
JUNE 15, 2011 TOWN BOARD MEETING 5:22 P.M.
The Regular Meeting of the Town Board of the Town of Cortlandville was held at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with
Supervisor Tupper presiding.
Members present: Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman, Ronal L. Rocco
Councilman, John C. Proud
Councilman, Gregory K. Leach
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Highway Sup't, Carl Bush; News
Reporters: Jeremy Houghtaling from the Cortland Standard, and Sharon Stevans for Channel 2,
Access TV; Steven Flatt and Sara Leach.
Supervisor Tupper called the meeting to order.
Councilman Rocco made a motion, seconded by Councilman Leach, to approve the
Draft Town Board Minutes of June 1, 2011, with corrections. All voting aye, the motion was
carried.
RESOLUTION #119 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER
#1144
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
Purchase Order # 1144 submitted by Highway Sup't. Carl Bush, for the rental of a track
excavator at $3,000.00 per month, from Beck Equipment.
Councilman Leach asked Highway Sup't. Bush how many months he planned on renting
the excavator to which he replied one month. Councilman Leach inquired if the excavator was
needed for a longer period of time, such as all summer, and what the cost would be to purchase
one. Highway Sup't. Bush replied it would cost approximately $130,000.00 and did not express
the need to purchase the equipment.
RESOLUTION #120 AUTHORIZE PAYMENT OF VOUCHERS - JUNE
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
General Fund B
Highway Fund DB
Water Fund
Sewer Fund
Capital Project
Vouchers #319 - 350
$
23,306.62
B79 - B87
$
5,064.17
D208 - D233
$
24,296.88
W 131 - W 134
$
6,278.54
S59 - S67
$
17,481.18
H39 - H40
$638,463.10
Supervisor Tupper offered privilege of the floor to those in attendance. No requests were
made.
The monthly reports of the Supervisor and Town Justice for the month of May 2011 were
on the table for review and are filed in the Town Clerk's office.
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JUNE 15, 2011 TOWN BOARD MEETING PAGE 2
Councilman Proud made a motion, seconded by Councilman Leach to receive and file the
2010 Annual Report from the Cortland County Agency on Aging. All voting aye, the motion
was carried.
Supervisor Tupper apprised the Town Board of a letter he received from the principal of
Cortland High School thanking the Town for the scholarship to Lime Hollow Summer Camp,
which was granted to a Cortland High School student. He stated he has signed approximately
twenty camp certificates to those that are receiving their camperships compliments of the Town
of Cortlandville.
Supervisor Tupper also received a phone call of thanks from the Lime Hollow Nature
Center for Sup't. Carl Bush's assistance at Lamont Park, as it is the beginning of.one of Lime
Hollow's walking trails.
Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment
form for the Aquifer Protection Permit submitted by Redding Hunter, Inc. for property located
on Starr Road.
RESOLUTION #121 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION PERMIT #2 OF 2011 SUBMITTED BY
REDDING HUNTER, INC. FOR PROPERTY LOCATED ON
STARR ROAD
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by Redding Hunter, Inc. to
permit the removal of an existing residential structure and the construction of a 6,680 sq. ft. addition
to a light industrial use with accessory parking, for property located on the north side of Starr Road,
approximately 320 ft. east of the Starr Rd./NYS Route 13 intersection, tax map #96.09-01-58.200,
96.09-01-59.200, 96.09-01-62.000, and 96.09-01-63.000, and
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short
Environmental Assessment Form, therefore
BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed project of
Redding Hunter, Inc., Aquifer Protection Permit #2 of 2011, shall have no significant
environmental impact on the Town of Cortlandville
RESOLUTION #122 AUTHORIZE SUPERVISOR TO SIGN SEQRA
APPLICATION OF AQUIFER PROTECTION
PERMIT #2 OF 2011
Motion by Councilman Rocco
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA
application relating to Aquifer Protection Permit #2 of 2011, submitted by Redding Hunter, Inc.
Town of Cortlandville.
RESOLUTION 9123 APPROVE AQUIFER PROTECTION PERMIT 42 OF 2011
SUBMITTED BY REDDING HUNTER, INC. FOR PROPERTY
LOCATED ON STARR ROAD SUBJECT TO CONDITIONS
Motion by Councilman Testa
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
1
293
JUNE 15, 2011 TOWN BOARD MEETING PAGE 3
WHEREAS, the Cortland County Planning Department and the Town Planning Board have
reviewed and recommended approval of this Aquifer Protection Permit application, and
WHEREAS, a Public Hearing was duly held by this Town Board, therefore
BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit 42 of 2011,
submitted by Redding Hunter, Inc., permitting the removal of an existing residential structure
and the construction of a 6,680 sq. ft. addition to a light industrial use with accessory parking, for
property located on the north side of Starr Road, approximately 320 ft. east of the Starr Rd./NYS
Route 13 intersection, tax map #96.09-01-58.200, 96.09-01-59.200, 96.09-01-62.000, and 96.09-
01-63.000, subject to the following conditions from the Town and County Planning Boards:
1. That the applicant either provide 10 foot width for all parking spaces on the site or
that the applicant apply for and receive a bulk variance for the reduced width of
parking spaces.
2. The applicant obtaining a County Highway Section 136 Permit from the County
Superintendent of Highways for the proposed expanded driveway access since Starr
Road is a County Road.
3. The applicant providing documentation to the Town of all chemicals to be stored on
site including quantity and type of secondary containment.
4. The applicant submit a spill prevention plan to the Town to insure that spills are
properly handled.
5. That the five parcels as part of this use be consolidated into one parcel to avoid the
possibility of lots being sold separately in the future particularly since the proposed
and existing buildings extend over existing property lines.
6. The applicant submit and receive approval of a stormwater pollution prevention plan
for the site per the Town's stormwater ordinance since the impervious surface of the
lot would appear to increase by more than 10,000 sq. ft.
7. The applicant demonstrating that there are unnecessary hardships in the way of
carrying out the strict letter of the "Zoning Local Law of the Town of Cortlandville"
as is required before any use variance may be granted.
8. Compliance with SEQR requirements.
AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit.
Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment
form for the Aquifer Protection Permit application submitted by Cortlandville Crossing, LLC for
property located on NYS Route 13.
RESOLUTION #124 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION PERMIT 43 OF 2011 SUBMITTED BY
CORTLANDVILLE CROSSING, LLC FOR PROPERTY
LOCATED ON NYS ROUTE 13
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by Cortlandville Crossing,
LLC, to permit the construction of a 12,889+/- sq. ft. mixed use/retail building with accessory
parking and to replace the existing freestanding signs at Cortlandville Crossing, for property
located on the east side of NYS Route 13, along road frontage of Cortlandville Crossing between
Applebee's and Tractor Supply, tax map #95.20-02-06.000-1, and
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JUNE 15, 2011 TOWN BOARD MEETING PAGE 4
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short
Environmental Assessment Form, therefore
BE IT RESOLVED, the Town Board as Lead Agent does hereby declare the proposed project of
Cortlandville Crossing, LLC, Aquifer Protection Permit #3 of 2011, shall have no significant
environmental impact.
RESOLUTION #125 AUTHORIZE SUPERVISOR TO SIGN SEQRA
APPLICATION OF AQUIFER PROTECTION PERMIT #3 OF
1)nii
Motion by Councilman Testa
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA
application relating to Aquifer Protection Permit #3 of 2011, submitted by Cortlandville Crossing,
LLC.
RESOLUTION #126 APPROVE AQUIFER PROTECTION PERMIT #3 OF 2011
SUBMITTED BY CORTLANDVILLE CROSSING, LLC, FOR
PROPERTY LOCATED ON NYS ROUTE 13 SUBJECT TO
CONDITIONS
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
WHEREAS, the Cortland County Planning Department and the Town Planning Board have
reviewed and recommended approval of this Aquifer Protection Permit application, and
WHEREAS, a Public Hearing was duly held by this Town Board, therefore
BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #3 of 2011
submitted by Cortlandville Crossing, LLC, to permit the construction of a 12,889+/- sq. ft. mixed
use/retail building with accessory parking and to replace the existing freestanding signs at
Cortlandville Crossing, for property located on the east side of NYS Route 13, along road
frontage of Cortlandville Crossing between Applebee's and Tractor Supply, tax map #95.20-02-
06.000-1, subject to the following conditions from the Town and County Planning Boards:
1. That the proposed handicap accessible parking spaces be widened to the required 10
ft. width as there is ample area to accommodate the required parking space width.
2. The applicant filing a Notice of Intent with the NYS Department of Environmental
Conservation (DEC) and preparing a stormwater pollution prevention plan per the
NYS Phase II stormwater regulations since this proposal involves the disturbance
(redevelopment) of more than one acre of land.
The applicant obtaining approval of the stormwater pollution prevention plan for the
site from the Town per the Town's stormwater ordinance since it involves the
disturbance (redevelopment) of more than one acre of land.
4. That the applicant provides a physical description of the overall drainage system for
Cortlandville Crossing and evaluate the ability of the overall system to handle runoff
from the new development.
5. Consideration be given to review and redesign of the overall traffic patterns of the
Cortlandville Crossing property.
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JUNE 15, 2011 TOWN BOARD MEETING PAGE 5
6. That the applicant indicate snow storage areas for the proposed development (1.9
acre) area and the entire Cortlandville Crossing facility.
7. The applicant applying for and receiving approval of the public water and sewer
connections from the County Health Department and Town including a separate back
flow prevention device for the water service connection.
8. That the applicant provide line of site details to the Town at the internal intersections
where directional signs are proposed in order to adequately assess traffic visibility at
these internal intersections.
9. The applicant confirming with the Town any additional precautions necessary for
contaminants, such as metals collection, for the proposed dental office use.
10. The applicant applying for and receiving a use variance to allow the building
mounted signs to be illuminated.
11. The applicant demonstrating that there are unnecessary hardships in the way of
carrying out the strict letter of "Zoning Local Law of the Town of Cortlandville" as is
required before any use variance may be granted.
12. The Town weighing the benefit of exceeding the maximum height, number and
square footage of the proposed freestanding signs to the applicant vs. the health,
safety, and welfare of the community/neighborhood as is required before any bulk
variance may be granted.
13. Compliance with SEQR requirements.
AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit.
There was confusion regarding the interpretation of the language in the Town Code
between Planning and Zoning Officer Bruce Weber and the County Planning Department.
Although a resolution was reached for the Cortlandville Crossing, LLC Aquifer application,
Councilman Proud mentioned revisiting the language in the Town Zoning Ordinance, with
regard to green space and lot coverage, in the future.
Town Clerk Snyder apprised the Board she received notification from Uncle Louie's
Backyard and the Statewide Country Music Association Inc. regarding their intent to renew their
liquor licenses.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file
correspondence and the Renewal Application Notice Form, from Pomeroy, Armstrong, Casullo
& Monty, LLP, dated June 2, 2011, regarding the renewal of the liquor license for Uncle Louie's
Backyard located at 294 Tompkins Street (1071 Route 13) in the Town of Cortlandville. All
voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file
correspondence and the Renewal Application Notice Form, from Riehlman Shafer and Shafer,
dated June 1, 2011, regarding renewal of the liquor license for Statewide Country Music
Association Inc. located at 1824 Route 13, in the Town of Cortlandville. All voting aye, the
motion was carried.
Attorney Folmer had no business to report to the Board.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from Time Warner Cable, dated June 1, 2011 regarding programming services.
All voting aye, the motion was carried.
JUNE 15, 2011 TOWN BOARD MEETING PAGE 6
Councilman Leach commented that he noticed there were several unavailable channels
last weekend. Sharon Stevans recommended that he speak with Dick Menapace, Chairman of
the Cable Commission, about the incident because that should not happen.
Councilman Leach made a motion, seconded by Councilman Proud, to receive and file
the completed Community Development Block Grant application packet, for the Town -wide
Housing Rehabilitation Program dated May 27, 2011. The original packet is filed in the Town
Clerk's office. All voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman Leach, to receive and file
correspondence dated June 10, 2011 from US Congressman Richard Hanna regarding his support
for the Community Development Block Grant application for the Town -wide Housing
Rehabilitation Program. All voting aye, the motion was carried.
Councilman Testa made a motion, seconded by Councilman Leach to receive and file
correspondence dated June 6, 2011 from the New York State Department of Environmental
Conservation regarding the proposed mining permit of Suit-Kote Corp. for property located at
3681 Route 11, regarding NYS DEC acting as Lead Agency. All voting aye, the motion was
carried.
Supervisor Tupper apprised the Board the NYS DEC was asking if the Town wished to
be Lead Agency. Attorney Folmer advised the Board that if they received and filed the
correspondence and took no action that the DEC would automatically become Lead Agency after
the thirty -day period ended, which would be July 7, 2011.
RESOULTION #127 AUTHORIZE SUPERVISOR TO TRANSFER FUNDS
FROM THE WATER FUND TO THE POLKVILLE
WATERLINE EXTENSION CAPITAL PROJECT FOR
NORTH COUNTRY CONTRACTORS APPLICATION
FOR PAYMENT NO.2
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
WHEREAS, the Supervisor requested authorization from the Town Board to transfer funds from
the Water Fund to the Polkville Waterline Extension Capital Project Fund for North Country
Contractors Application, payment No.2, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to transfer
$331,833.55 from the Water Fund to the Polkville Waterline Extension Capital Project Fund for
North Country Contractors Application, payment No. 2, and it is further
RESOLVED, the Water Fund will be reimbursed when the Town receives their grant money
from the USDA-ARRA program.
RESOLUTION #128 ACCEPT SETTLEMENT FROM SELECTIVE
INSURANCE COMPANY, TOTALING
A TOWN HIGHWAY DEPARTMENT DUMP
TRUCK IN THE AMOUNT OF $16,184.92
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
297
DUNE 15, 2011 TOWN BOARD MEETING PAGE 7
WHERAS, the Town received notification from its insurance company, Selective Insurance
Company, deeming the Town's 2001 Dodge Ram 3500 Diesel Dump Bed truck a total loss, as a
result of the accident that occurred May 11, 2011, therefore
BE IT RESOLVED, the Town Board does hereby accept the settlement from Selective Insurance
Company regarding a Town Highway 2001 Dodge Ram 3500 Diesel Dump truck serial number
3B6MF36601M256431, in the amount of $16,184.92.
Councilman Leach updated the Town Board regarding ETM Solar and possible solar
applications for Town of Cortlandville buildings. He was not sure whether it would be cost
effective or what grants were available. Councilman Leach would continue to research the
subject and apprise the Town Board accordingly.
Councilman Leach also reported that he attended the Cortland Free Library dedication of
an elevator and Youth Department Entrance to Mr. Leland B. Taylor. He stated that the Library
did a very nice job.
Supervisor Tupper apprised the Board the Central New York Living History Museum had
their first public viewing on Saturday, June 11, 2011. Tours of the museum were conducted all
day long. Supervisor Tupper remarked that the building is impressive, complete with tourist
shops and media rooms. He also mentioned that the museum thanked the Town for helping the
museum receive the $300,000 grant.
No further comments or discussion were heard.
Councilman Testa made a motion, seconded by Councilman Leach, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:45 p.m.
Respectfully submitted,
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville
*Note:
The final version of this meeting was submitted to the Town Board for their review on June 30, 2011.
The final version of this meeting was approved as written at the Town Board meeting of July 6, 2011.