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HomeMy WebLinkAbout06-02-200484 JUNE 02, 2004 7:00 P.M. PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT MJ SCOVILLE, INC. FOR ESSEX STRUCTURAL STEEL CO. INC. 607 NYS ROUTE 13 PORTION OF TAX MAP #105.00-01-46.000 A Public Hearing was held by the Town Board of the Town of Cortlandville at Blodgett Mills Independent Baptist Church, Blodgett Mills, New York, concerning an Aquifer Protection Permit application permitting the construction of a 31,500 sq. ft. manufacturing facility and office on an 8.0 +/- acre parcel to manufacture pre-engineered metal buildings. The property is located on the northeast side of NYS Route 13, being 607 NYS Route 13, in the Town of Cortlandville, a portion of tax map #105.00-01-46.000. Members present: Absent: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Town Clerk, Karen Q. Snyder Councilman, John Pilato Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Water & Sewer Sup't. Peter Alteri; Planning Board member, Nick Renzi; Tony Barbetta, President of Essex Structural Steel Co. Inc.; and News Reporter, Nicole Flatow of the Cortland Standard. Supervisor Thorpe called the Public Hearing to order. Town Clerk, Karen Q. Snyder read aloud the published, posted and filed legal notice. Supervisor Thorpe offered privilege of the floor to those in attendance. Councilman O'Donnell asked Mr. Barbetta for a comparison between the current buildings located on Port Watson Street in the City of Cortland, and the proposed building to be located on NYS Route 13. Tony Barbetta, President of Essex Structural Steel Co. Inc. apprised the Board that Essex Structural Steel Co. Inc. currently occupies three buildings. The proposed project would permit the construction of only one building, which includes the offices. According to Mr. Barbetta, the proposed building would increase capacity by approximately 30%. No further comments or discussions were heard. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 7:03 p.m. 1 1 Ma JUNE 02, 2004 7:03 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Blodgett Mills Independent Baptist Church, Blodgett Mills, New York, with Supervisor Thorpe presiding. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Town Clerk, Karen Q. Snyder Absent: Councilman, John Pilato Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Water & Sewer Sup't. Peter Alteri; Planning Board member, Nick Renzi; Tony Barbetta, President of Essex Structural Steel Co. Inc.; and News Reporter, Nicole Flatow of the Cortland Standard. Supervisor Thorpe called the meeting to order. Supervisor Thorpe apprised the Board and those in attendance that Councilman Pilato would not be in attendance. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to approve the Town Board Minutes of May 05, 2004 as written. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the Planning Board Minutes of March 30, 2004. All voting aye, the motion was carried. RESOLUTION #104 AUTHORIZE PAYMENT OF VOUCHERS - JUNE Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #292 - 314 $ 9,570.75 General Fund B B50 - B54 $ 3,293.71 Highway Fund DB D180 - D201 $ 39,032.28 Water Fund W110 - W120 $ 72,339.76 Sewer Fund S44 - S46 $ 71,735.01 Capital Projects H2O - H23 $ 478.37 Special Grant SG7 - SG7 $ 475.00 Supervisor Thorpe offered privilege of the floor to those in attendance. Monthly reports for the SPCA for the month of April 2004 and for the Town Clerk for the month of May 2004 are on the table for review and filed in the Town Clerk's office. Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment Form for the Aquifer Protection Permit application submitted by MJ Scoville, Inc. for Essex Structural Steel Co. Inc. Councilman O'Donnell questioned what recommendations were made by the Town and County Planning Boards. Attorney Folmer apprised the Board that the conditions were set by the County Planning Board, which were addressed by the Town Planning Board and incorporated in their recommendations. JUNE 02, 2004 TOWN BOARD MEETING PAGE 2 RESOLUTION #105 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #4 OF 2004 SUBMITTED BY MJ SCOVILLE, INC. FOR ESSEX STRUCTURAL STEEL CO. INC. FOR PROPERTY LOCATED AT 607 NYS ROUTE 13 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by MJ Scoville, Inc. for Essex Structural Steel Co. Inc. for property located at 607 NYS Route 13, owned by New Monarch Machine Tool, permitting the construction of a 31,500 sq. ft. manufacturing facility and office on an 8.0 +/- acre parcel to manufacture pre-engineered metal buildings, portion of tax map #105.00-01-46.000, 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 Essex Structural Steel Co. Inc., Aquifer Protection Permit #4 of 2004, shall have no significant environmental impact. RESOLUTION #106 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #4 OF 2004 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to, sign the SEQRA application relating to Aquifer Protection Permit #4 of 2004, submitted by MJ Scoville, Inc. for Essex Structural Steel Co. Inc. RESOLUTION #107 APPROVE AQUIFER PROTECTION PERMIT #4 OF 2004 SUBMITTED BY MJ SCOVILLE INC. FOR ESSEX STRUCTURAL STEEL CO. INC. FOR PROPERTY LOCATED AT 607 NYS ROUTE 13 SUBJECT TO CONDITIONS Motion by Councilman O'Donnell Seconded by Councilman Rocco 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 #4 of 2004, submitted by MJ Scoville, Inc. for Essex Structural Steel Co. Inc. for property located at 607 NYS Route 13, owned by Monarch Machine Tool permitting the construction of a 31,500 sq. ft. manufacturing facility and office on an 8.0 +/- acre parcel to manufacture pre-engineered metal buildings, portion of tax map #105.00-01-46.000, subject to the following conditions: 1) The applicant demonstrating that NYS Department of Transportation (DOT) approval has been obtained for any new access point to NYS Route 13. 2) The applicant contacting the NYS Department of Environmental Conservation (DEC) to address any issues regarding registration or permitting of the painting facility. 3) The applicant providing the Town with a list of materials and quantities used on site which may have a potential impact on the aquifer. The applicant should also provide information as to the measures taken to insure proper handling of such materials. m JUNE 02, 2004 TOWN BOARD MEETING PAGE 3 4) Preparation and approval of a stormwater pollution prevention plan for the site and the filing of a Notice of Intent with the NYSDEC since the proposal exceeds the thresholds of the Town's stormwater ordinance and the NYS Phase II Stormwater Regulations. 5) The applicant working with the Town to insure that the property meets the intent of the Town's Design and Development Guidelines. 6) Well and septic system permits being obtained from the County Health Department including approval of the well as a public water supply since the facility would employ 25+ people. 7) A negative declaration of environmental impact under SEQR, and AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. Town Clerk Snyder apprised the Board that on Friday, May 28, 2004, she received and filed a Notice of Petition on behalf of George Haesche vs. the Town of Cortlandville Planning Board. Town Cleric Snyder requested the Board receive and file the Notice of Petition. RESOLUTION #108 ACKNOWLEDGE RECEIVING NOTICE OF PETITION IN THE MATTER OF GEORGE HAESCHE VS. THE TOWN OF CORTLANDVILLE PLANNING BOARD Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the Notice of Petition in the matter of George Haesche vs. the Town of Cortlandville Planning Board. Town Clerk Snyder apprised the Board that with authorization, she has the opportunity to hire Emily Ames as part-time temporary help for the summer 2004. Miss Ames would assist the Town Clerk in organizing the Town Hall basement files, which may include purging qualifying documents under the New York State MU-1 Schedule. RESOLUTION #1019 AUTHORIZE HIRING EMILY AMES FOR A TEMPORARY PART-TIME POSITION TO ASSIST THE TOWN CLERK/RECORDS MANAGEMENT OFFICER WITH THE ORGANIZATION AND PURGING OF TOWN RECORDS Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the Town Clerk/Records Management Officer determined it was necessary to hire a temporary part-time individual to assist with the organization of Town Records, which are housed in the Town Hall basement, and WHEREAS, the organization of such records may include purging qualifying documents under the New York State MU-1 Schedule, therefore BE IT RESOLVED, the Town Board does hereby authorize the Town Clerk/Records Management Officer to hire Emily Ames of 11 Braeside Drive, Homer, NY for a temporary part- time position for an hourly wage of $8.50. Councilman Rocco questioned how documents are destroyed. Town Cleric Snyder apprised the Board the Town utilizes a paper shredder. If necessary, the Town could utilize the industrial shredder located at the Cortland County Records Management building. Town Clerk Snyder could not predict whether or not Miss Ames would reach the stage of purging documents. me JUNE 02, 2004 TOWN BOARD MEETING PAGE 4 Town Clerk Snyder apprised the Board the Town Justice may be interested in utilizing Miss Ames to purge Court records. In 1993-1994 the County received a grant to go through all municipal court records in the towns, and create a list of all documents that could be purged. The Cortlandville Town Court did not purge the eligible records at that time. The Town Justice is in the process of verifying with the Unified Court System regarding the eligibility of records to be purged. Attorney Folmer reported: Bond Anticipation Notes: Attorney Folmer apprised the Board the Town has three Bond Anticipation Notes that expire Friday, June 4, 2004. He was in the process of making arrangements to have the BAN's renewed; which may not be accomplished until Monday, June 7, 2004. Attorney Folmer requested the Board adopt a resolution authorizing the Supervisor and the Town Cleric to execute the appropriate renewals of the three notes. RESOLUTION #110 AUTHORIZE THE SUPERVISOR AND TOWN CLERK TO EXECUTE THE BOND ANTICIPATION NOTE RENEWALS FOR PAGE GREEN WATER, PAGE GREEN SEWER, AND CRESTWOOD COURT SEWER Motion by Councilman Seconded by Councilman VOTES: ALL AYE ADOPTED WHEREAS, three Bond Anticipation Notes for Page Green Water, Page Green Sewer, and Crestwood Court Sewer are due to expire on June 4, 2004 and therefore must be renewed, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor and Town Clerk to execute the appropriate documents for renewing the three Bond Anticipation Note's due to expire on June 4, 2004. Emory Knight Junkyard: Attorney Folmer apprised the Board he physically made an inspection of Emory Knight's premises and classified them as an "unqualified disaster." Attorney Folmer did give credit to Mr. Knight for having the white goods almost entirely removed. Mr. Knight was originally sentenced with a conditional discharge, conditioned upon the removal of the material. The sentencing and its enforcement is up to Judge Casullo. Attorney Folmer informed the Board that Emory Knight appeared before Judge Casullo on June 1, 2004. Judge Casullo provided Mr. Knight with time through July 13, 2004 to complete the process. If the matter is not resolved, Judge Casullo would consider other alternatives as a result of the failure to comply with the conditional discharge. George Haesche — Notice of Petition: Attorney Folmer apprised the Board the Notice of Petition filed by George Haesche related to the Town Planning Board's determination not to grant permission to construct a radio tower off of Blue Creek Road. The Notice of Petition is returnable in front of Honorable Philip R. Rumsey on August 13, 2004. Attorney Folmer stated he would prepare a record and a response on behalf of the Planning Board. Attorney Folmer commented it was interesting that the Notice of Petition was filed after the May 25, 2004 Planning Board meeting. At the meeting, the Planning Board gave what he considered to be an endorsement of approval for Mr. Haesche's application to construct the radio tower on Fisher Avenue. Without talking to Mr. Haesche's attorney, Scott Chatfield, Attorney Folmer suspected the Notice of Petition was filed for procedural purposes relating to the approval made by the Federal Aviation Administration (FAA). JUNE 023 2004 TOWN BOARD MEETING PAGE 5 1 1 rIL Zoning Text Amendment: Attorney Folmer reported that the Planning Board completed its review and recommendations of the amendments to the Town Zoning Ordinance. Attorney Folmer did not believe that the Board members received a copy of the most recent recommendations, dated May 18, 2004, but would make sure a copy was provided to each member. He informed the Board they would have to compare the recommendations with their copy of the Zoning Law when reviewing the Zoning Text Amendment. Attorney Folmer requested the Board refer the Zoning Text Amendment to the County Planning Board for its review and recommendations. RESOLUTION #111 REFER ZONING TEXT AMENDMENT TO THE COUNTY PLANNING BOARD FOR THEIR REVIEW AND RECOMMENDATIONS Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby refer the Town of Cortlandville Zoning Text Amendment to the County Planning Board for its review and recommendations. Councilman O'Donnell apprised the Board he spoke with CEO Bruce Weber regarding the Conditional Permit submitted to the Planning Board by George Haesche. According to Councilman O'Donnell, CEO Weber commented that the proposed 130-foot radio tower was proposed in an area that could be zoned Residential in the future. The maximum height in an area zoned Residential is approximately 30 feet. Attorney Folmer apprised the Board that one of the criteria for granting the Conditional Permit is the character of the neighborhood. It was pointed out at the Planning Board meeting that while the area is not zoned Residential at the present time, the character of the area has become Residential. Therefore, there was some concern that the criteria which might apply in a Residential district should be applied based on the character of the neighborhood. Attorney Folmer informed the Board there was an outcry of people who live in the Blue Creek Road area who felt the character of their neighborhood would be significantly impacted by the proposed radio tower. Planning Board member, Nick Renzi reverted back to discussion of the Zoning Text Amendment. He apprised the Board that part of the Zoning Text Amendment is still not complete, which related to design specifications. for Big Box Development. According to Mr. Renzi the Planning Board felt the wording of the Big Box preliminary specifications written by the board's consultant were "too loose and not as specific as they should be." According to the Planning Board's June meeting agenda, the board will further discuss the specifications. Mr. Renzi questioned how Attorney Folmer felt about soliciting comments about the specifications to help move both the Zoning Text Amendment and the Big Box Specifications along. Attorney Folmer apprised Mr. Renzi that a discussion must be had as to whether what has been developed by the consultant is to be considered a specification with mandatory requirements, or a guideline to be utilized in review of Conditional permits. Attorney Folmer stated he did not have a problem with receiving comments from the Planning Board. However, he stated that some individuals may believe that the Big Box Specifications should be a guideline document rather than a mandatory document. Attorney Folmer stated that at the moment, the Big Box Development Standards is inconsistent and unenforceable as it stands. The document is not a specification that an individual could look at and determine whether or not they are in compliance. Attorney Folmer stated he did not object to the submission of comments, but he did not want the process to be dragged out any longer. He commented that quite a bit of discussion must be had before a final version of the Big Box Development Standards could be presented. Mr. Renzi stated he would contact members of the Planning Board and ask them for their input and for them to submit comments to the Board. JUNE 02, 2004 TOWN BOARD MEETING PAGE 6 Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file the Cortland County Planning Department's Resolution #04-12 regarding the Aquifer Protection Permit application of MJ Scoville Inc. for Essex Structural Steel Co. Inc., for property located at 607 NYS Route 13. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from Susan Norte and Betsy Brewer of the Cortland County SPCA. All voting aye, the motion was carried. Supervisor Thorpe apprised the Board they were in receipt of correspondence from Thoma Development Consultants regarding the Cortlandville Starr Road Park and Recreation Center. Thoma Development requested the Board authorize the . Supervisor to file another application for funds from the New York State Office of Parks, Recreation and Historic Preservation. RESOLUTION 4112 AUTHORIZE SUPERVISOR TO FILE AN APPLICATION FOR FUNDS FROM THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, Raymond G. Thorpe, as Supervisor of the Town of Cortlandville, is hereby authorized and directed to file an application for funds from New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, in an amount not to exceed $354,000 in cash, in -kind services, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Town of Cortlandville for the Community Parks Project and, if appropriate, a conservation easement/preservation covenant to the deed of the assisted property. RESOLUTION #113 AUTHORIZE SUPERVISOR TO TRANSFER $17,608.00 FROM THE SEWER SURPLUS FUND TO THE CAPITAL PROJECT SEWER FUND FOR THE HIGHLAND ROAD SEWER IMPROVEMENT PROJECT Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Bookkeeper has requested a cash advance be transferred from the Sewer Surplus Fund to the Capital Project Sewer Fund for the Highland Road Sewer Improvement Project, therefore BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer $17,608.00 from the Sewer Surplus Fund to the Capital Project Sewer Fund, and it is further RESOLVED, the Town Sewer Surplus Fund will be reimbursed when the project is bonded. Councilman O'Donnell commented that although there were not too many people in attendance at tonight's meeting, he felt it was important that the Board continue to hold one meeting a year in McGraw and one in Blodgett Mills. Supervisor Thorpe reminded the Board that at the Town Board meeting held in Blodgett Mills in 2003 there was a question as to whether or not it was possible to extend the Town water line to Blodgett Mills. Supervisor Thorpe apprised the Board he relayed the question to Town Engineer, Hayne Smith who gave an approximate engineering estimate of $950,000. JUKE 02, 2004 TOWN BOARD MEETING PAGE 7 9( No further comments or discussion were heard. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 7:25 p.m. 1 1 11 Respectfully submitted, Karen Q. Snyder Town Clerk Town of Cortlandville