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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. z. 90 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. z9z- 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 Z9� 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. Z9s- 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.