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