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HomeMy WebLinkAbout02-16-2005FEBRUARY 16, 2005 5:00 P.M. PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT STEPHEN JORDAN NYS ROUTE 13 TAX MAP #105.00-01-30.000 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town Hall, 3577 Terrace Road, Cortland, New York, concerning an Aquifer Protection Permit application permitting the construction of an 18 hole miniature golf course and ice cream shop on a 3.4+/- acre parcel, located off of NYS Route 13 in the Town of Cortlandville, tax map #105.00-01-30.000. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Stephen and Patricia Jordan; Brian Buttner, Architect; Gary Wood, Consulting Technical Engineer; Richard Schutz and Paul Suits from Suit-Kote Corporation; Christopher Bushnell; and News Reporter, Patrick Ruppe ofthe Cortland Standard. Supervisor Thorpe called the Public Hearing to order. Town Clerk, Karen Q. Snyder read aloud the legal notice as published, posted and filed. Supervisor Thorpe offered privilege of the floor to those in attendance. Brian Buttner, Architect representing Stephen and Patricia Jordan, apprised the Board the project has been approved by the Planning Board. He explained they are in the process of obtaining the final design of the aquifer protection layout, which must be approved by Patrick Reidy from the Soil and Water Conservation District. In addition, the Department of Health approved the ice cream snack bar layout. According to Mr. Buttner, the Jordan's received confirmation on their SBA funding today. He explained the Jordan's are waiting for the SEQRA review to be completed so that the affirmation and confirmation of the project can be sent back to the New York State Department of Transportation (NYSDOT) for approval of curb cuts. Councilman Rocco questioned what Mr. Buttner's impressions were of the Cortland County Planning Board's recommendations regarding the proposed project. Mr. Buttner stated the County Planning Board looked at the Jordan's application in regard to the "concept picture" for Build Now NY. He explained that the Jordan's 3.4+/- acre parcel is not close to any of the access roads envisioned for the Build Now NY site. He stated that the proposed miniature golf course is consistent with the existing driving range next to the Jordan's property. Mr. Buttner believed the County Planning Board was trying to evaluate the proposed miniature golf course with respect to the long-range plan of the Build Now NY site. He also mentioned that the land for the Build Now NY site has not yet been purchased. Mr. Buttner stated there were many "hurdles" the Jordan's had to go over in order to improve the project. He mentioned difficulties relating to the sale of the land to the Jordan's, including other people's hopes to include the parcel in the Build Now NY site. Ultimately, the Town Planning Board approved the project based upon all of the requirements submitted, including landscape buffers between the parcel and any future tenants or owners of the Industrial area. Although they have not given approval, the NYSDOT is "on board" and indicated to Mr. Buttner that the location of the single curb cut was acceptable. The Town Board had to give formal approval of the Aquifer Protection Permit before the NYSDOT would take any action. Patricia Jordan apprised the Board she worked with engineers from O'Brien & Gere, which is the engineering firm for the Build Now NY project. The engineers concluded the proposed miniature golf course would not interfere with the plan for Build Now NY. 22z FEBRUARY 16, 2005 PUBLIC HEARING NO. 1 PAGE 2 Mr. Buttner felt the Planning Board was conservative in their initial review of the project because they did not know the magnitude of the project or the impact on other things. Mr. Buttner stated the project is within the realm of conditional permits for the Industrial zone. Councilman Testa questioned what recommendations were made by the Town Planning Board. Attorney Folmer apprised the Board the Town Planning Board approved the Conditional Permit with a vote of three against two, which was contingent upon final approval being received from the Cortland County Soil & Water Conservation District and the NYSDOT. The Planning Board also recommended the Town Board issue an Aquifer Protection Permit and act as Lead Agency under SEQRA. The County Planning Board recommended the Town Board issue the Aquifer Protection Permit subject to six conditions, which Attorney Folmer recited. No further comments or discussions were heard. Councilman Testa 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 5:10 p.m. 1 1 FEBRUARY 16, 2005 5:10 P.M. 1 1 TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Town Hall, 3577 Terrace Road, Cortland, New York, with Supervisor Thorpe presiding. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Stephen and Patricia Jordan; Brian Buttner, Architect; Gary Wood, Consulting Technical Engineer; Richard Schutz and Paul Suits from Suit-Kote Corporation; Christopher Bushnell; and News Reporter, Patrick Ruppe of the Cortland Standard. Supervisor Thorpe called the Regular Meeting to order. Attorney Folmer and the Board conducted the SEQR Short Environmental Assessment Form for the Aquifer Protection Permit submitted by Stephen Jordan, for property located off of NYS Route 13. RESOLUTION #38 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #1 OF 2005 SUBMITTED BY STEPHEN JORDAN FOR PROPERTY LOCATED OFF OF NYS ROUTE 13 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Stephen Jordan for property located off of NYS Route 13, permitting the construction of an 18 hole miniature golf course and ice cream shop on a 3.4+/- acre parcel, tax map 4105.00-01-30.000, 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 Stephen Jordan, Aquifer Protection Permit #1 of 2005, shall have no significant environmental impact. RESOLUTION #39 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #1 OF 2005 Motion by Councilman O'Donnell 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 #1 of 2005, submitted by Stephen Jordan. RESOLUTION 440 APPROVE AQUIFER PROTECTION PERMIT #1 OF 2005 SUBMITTED BY STEPHEN JORDAN FOR PROPERTY LOCATED OFF OF NYS ROUTE 13 SUBJECT TO CONDITIONS Motion by Councilman Pilato Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED FEBRUARY 16, 2005 TOWN BOARD MEETING PAGE 2 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 #1 of 2005, submitted by Stephen Jordan for property located off of NYS Route 13, permitting the construction of an 18 hole miniature golf course on a 3.4+/- acre parcel, tax map #105.00-01- 30.000, subject to the following conditions: 1. The applicant obtaining approval from the County Health Department as a food service establishment. 2. Well and septic permits being obtained from the County Health Department including approval of the well as a public water supply. 3. A Notice of Intent being filed with the NYS Department of Environmental Conservation (DEC) and a stormwater pollution prevention plan being prepared by the applicant and approved by the Town for the site as there would be more than 10,000 sq. ft. of impervious surface on the site per the Town's Stormwater Ordinance and more than one acre of land disturbed as part of this proposal per the NYS Phase II Stormwater Regulations. 4. NYS Department of Transportation (DOT) approval being obtained for the proposed curb cuts onto NYS Route 13. 5. The Town's consideration that expansion of a commercial facility this far south on NYS Route 13 may promote the "filling in" of the area between this proposed use and the existing commercial area on NYS Route 13, thus creating sprawl. 6. A negative declaration of environmental impact under SEQR. 7. Receipt of approval of the drainage plan. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. Councilman Pilato wished the Jordan's good luck in their new business. He commented that the project would give children in the community a rice place to go for recreation, which is needed. Councilman Pilato made a motion, seconded by Councilman Rocco, to recess the Regular Meeting to Public Hearing No. 2. All voting aye, the motion was carried. The Regular Meeting was recessed at 5:15 p.m. fl 1 FEBRUARY 16, 2005 5:15 P.M. PUBLIC HEARING NO. 2 AQUIFER PROTECTION PERMIT SUIT-KOTE CORPORATION US ROUTE 1 l/NYS ROUTE 41 TAX MAP #87.00-03-16.122 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town Hall, 3577 Terrace Road, Cortland, New York, concerning an Aquifer Protection Permit application permitting the construction of four 211,000 gallon asphalt storage tanks instead of one of the six 1,000,000 to 1,5000,000 gallon asphalt storage tanks previously approved, located off of US Route I l/NYS Route 41, in the Town of Cortlandville, tax map 487.00-03-16.122. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Stephen and Patricia Jordan; Brian Buttner, Architect; Gary Wood, Consulting Technical Engineer; Richard Schutz and Paul Suits from Suit-Kote Corporation; Christopher Bushnell; and News Reporter, Patrick Ruppe of the Cortland Standard. Supervisor Thorpe called the Public Hearing to order. Town Clerk, Karen Q. Snyder read aloud the legal notice as published, posted and filed. Supervisor Thorpe offered privilege of the floor to those in attendance. Richard Schutz from Suit-Kote Corporation apprised the Board approximately one year ago the Town Planning Board and Town Board approved a modification of the Polkville Plant, which added a separate containment area and the addition of up to six 1.5 million gallon storage tanks. Suit-Kote Corporation requests the existing Aquifer Protection Permit be modified to allow the construction of four 211,000 gallon asphalt storage tanks instead of one of the 1,000,000 to 1,500,000 gallon asphalt storage tanks previously approved, yet never constructed. Attorney Folmer questioned why Suit-Kote Corporation requested the change. Mr. Schutz explained that the specifications for asphalt changed within the market place. Suit-Kote Corp. found that by blending asphalt stored in large quantities in other tanks, it is similar to a "niche marketing" for a specific grade of motor oil. The product would normally be taken from the Polkville Plant to. the Loring Crossing facility to be blended and then shipped out. With the proposed four asphalt storage tanks, the asphalt would be delivered by rail, and would only leave the plant once by truck. Town resident, Christopher Bushnell questioned whether the asphalt storage tanks would create more odors. Mr. Schutz explained there would be additional filtration systems installed for odors. No further comments or discussions were heard. Councilman Testa made a motion, seconded by Councilman Pilato, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 5:20 p.m. Z Vo FEBRUARY 16, 2005 5:20 P.M. Supervisor Thorpe called the Regular Meeting back to order. Attorney Folmer and the Board conducted the SEQR Short Environmental Assessment Form for the Aquifer Protection Permit submitted by Suit-Kote Corporation for property located off of US Route 11/NYS Route 41. RESOLUTION #41 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #2 OF 2005 SUBMITTED BY SUIT- KOTE CORPORATION FOR PROPERTY LOCATED OFF OF US ROUTE 11 /NYS ROUTE 41 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Suit-Kote Corporation for property located off of US Route 11/NYS Route 41, permitting the construction of four 211,000 gallon asphalt storage tanks instead of one of the six 1,000,000 to 1,500,000 gallon asphalt storage tanks previously approved, tax map #87.00-03-16.122, 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 Suit-Kote Corporation, Aquifer Protection Permit #2 of 2005, shall have no significant environmental impact. RESOLUTION #42 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AOUIFER PROTECTION PERMIT #2 OF 2005 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 #2 of 2005, submitted by Suit-Kote Corporation. RESOLUTION #43 APPROVE AQUIFER PROTECTION PERMIT #2 OF 2005 SUBMITTED BY SUIT-KOTE CORPORATION FOR PROPERTY LOCATED OFF OF US ROUTE I I/NYS ROUTE 41 SUBJECT TO CONDITIONS Motion by Councilman Rocco Seconded by Councilman Testa 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 #2 of 2005, submitted by Suit-Kote Corporation for property located off of US Route I UNYS Route 41 permitting the construction of four 211,000 gallon asphalt storage tanks instead of one of the six 1,000,000 to 1,500,000 gallon asphalt storage tanks previously approved, tax map #87.00-03- 16.122, subject to the following conditions: 1. That the subject storage tanks are to be dismantled and removed from the site if not used for permitted storage for a period of three years, and the site, returned to its original appearance, unless the applicant is granted an extension by the Town Planning Board. 1 1 1 FEBRUARY 16, 2005 TOWN BOARD MEETING PAGE 2 2. The applicant providing the Town with provisions for removal of tanks once they are no longer in use. 3. Modification of the NYS Department of Environmental Conservation (DEC) Major Oil Storage Facilities permit. 4. A negative declaration of environmental impact under SEQR. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. Councilman Rocco made a motion, seconded by Councilman Testa, to recess the Regular Meeting to Public Hearing No. 3. All voting aye, the motion was carried. The Regular Meeting was recessed at 5:22 p.m. 1 li FEBRUARY 16, 2005 5:22 P.M. PUBLIC HEARING NO. 3 AQUIFER PROTECTION PERMIT SUIT-KOTE CORPORATION LORING CROSSING TAX MAP #77.00-01-22.000 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town Hall, 3577 Terrace Road, Cortland, New York, concerning an Aquifer Protection Permit application permitting the replacement of a 44,000 gallon liquid asphalt storage tank with a 94,000 gallon liquid asphalt storage tank, located on the south side of Loring Crossing, tax map #77.00-01-22.000. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Stephen and Patricia Jordan; Brian Buttner, Architect; Gary Wood, Consulting Technical Engineer; Richard Schutz and Paul Suits from Suit-Kote Corporation; Christopher Bushnell; and News Reporter, Patrick Ruppe of the Cortland Standard. Supervisor Thorpe called the Public Hearing to order. Town Clerk, Karen Q. Snyder read aloud the legal notice as published, posted and filed. Supervisor Thorpe offered privilege of the floor to those in attendance. Richard Schutz of Suit-Kote Corporation explained there are two major asphalt storage tanks used at the Loring Crossing asphalt mulching facility. In Suit-Kote's annual inspection it was determined that one of the tanks must be replaced rather than just repaired. A 44,000 gallon liquid asphalt storage tank would be replaced with a 94,000 gallon liquid asphalt storage tank. No further comments or discussions were heard. Councilman Rocco made a motion, seconded by Councilman Testa, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 5:25 p.m. 2Z9 FEBRUARY 16, 2005 TOWN BOARD MEETING 5:25 P.M. Supervisor Thorpe called the Regular Meeting back to order. Attorney Folmer and the Board conducted the SEQR Short Environmental Assessment Form for the Aquifer Protection Permit submitted by Suit-Kote Corporation for property located on the south side of Loring Crossing. RESOLUTION #44 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #3 OF 2005 SUBMITTED BY SUIT- KOTE CORPORATION FOR PROPERTY LOCATED ON - LORING CROSSING Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Suit-Kote Corporation for property located on the south side of Loring Crossing, permitting the replacement of a 44,000 gallon liquid asphalt storage tank with a 94,000 gallon liquid asphalt storage tank, tax map #77.00-01-22.000, 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 Suit-Kote Corporation, Aquifer Protection Permit #3 of 2005, shall have no significant environmental impact. RESOLUTION 445 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #3 OF 2005 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 #3 of 2005, submitted by Suit-Kote Corporation. RESOLUTION #46 APPROVE AQUIFER PROTECTION PERMIT #3 OF 2005 SUBMITTED BY SUIT-KOTE CORPORATION FOR PROPERTY LOCATED ON LORING CROSSING SUBJECT TO CONDITIONS Motion by Councilman Rocco Seconded by Councilman Testa 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 2005, submitted by Suit-Kote Corporation for property located on the south side of Loring Crossing, permitting the replacement of a 44,000 gallon liquid asphalt storage tank with a 94,000 gallon liquid asphalt storage tank, tax map #77.00-01-22.000, subject to the following conditions: 1. That the subject storage tank is to be dismantled and removed from the site if not used for permitted storage for a period of three years, and the site returned to its original appearance, unless the applicant is granted an extension by the Town Planning Board. 2. The applicant providing the Town with provisions for removal of the tank once it is no longer in use. /-30 FEBRUARY 16, 2005 TOWN BOARD MEETING PAGE 2 Modification of the NYS Department of Environmental Conservation's (DEC) Major Oil Storage Facilities permit. 4. A negative declaration of environmental impact under SEQR. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the Planning Board Minutes of November 30, 2004. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file the Planning Board Minutes of December 28, 2004. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file the Zoning Board of Appeals Minutes of December 28, 2004. All voting aye, the motion was carried. RESOLUTION #47 AUTHORIZE PAYMENT OF VOUCHERS - FEBRUARY Motion by Councilman Rocco Seconded by Councilman Testa 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 Projects Special Grant Attorney Folmer reported: Vouchers #85 - 112 $ 12,764.56 B 10 - B 13 $ 9,769.01 D45 - D68 $ 47,154.52 W21 - W3 5 $ 29,121.03 S 13 - S 17 $ 8,163.47 H6 - H6 $ 160.00 SG2 - SG5 $ 16,569.65 Easement and Road Dedication: Attorney Folmer reminded the Board they previously agreed to accept an easement for property located on Cosmos Hill Road from owner Charles Gibson, as well as a road dedication from John and Catherine Murdock. Attorney Folmer apprised the Board,he was in receipt of the necessary documents and would record the documents as required. Pall Trinity Micro Corp.: Attorney Folmer apprised the Board he was working with Assessor David Briggs regarding proceedings commenced by Pall Trinity Micro Corp. The process to resolve the assessment issue is being supervised by Judge Rumsey. Attorney Folmer hoped the matter would be resolved in the next few months. Zoning Text Amendment: Attorney Folmer reminded the Board a Public Hearing for an amendment to the Town Zoning Law would be held tonight at 7:00 p.m. at the Cortlandville Fire Station. He reminded the Board to do their best to make those in attendance understand the public hearing is for the Zoning Ordinance rather than for any particular use. Attorney Folmer noted that some communications were submitted to the Board regarding height requirements, which would not be part of the discussion at the public hearing tonight. The Board is waiting for recommendations from the Town Planning Board on the subject. He suggested the Board forward copies of the communication to the Planning Board. Supervisor Thorpe apprised the Board he already instructed his secretary to forward the comments to the Planning Board. 1 1 1 251 FEBRUARY 16, 2005 TOWN BOARD MEETING PAGE 3 RESOLUTION #48 AWARD BID FOR PHASE I OF THE STARR ROAD PARK & RECREATION CENTER TO ADHAN PIPING CO. INC. IN THE AMOUNT OF $237, 284.00 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, bids were advertised for Phase I of the Starr Road Park & Recreation Center, and WHEREAS, sealed bids were opened February 01, 2005 at 3:00 p.m. and provided to the Town's engineering firm, Clough, Harbour & Associates for review as follows: Adhan Piping Co. Inc. $237,284.00 1865 NYS Route 13 Cortland, New York 13045 Smith Site Development, LLC $272,277.00 99 Eggleston Road Whitney Point, New York 13862 RMS Inc. $296,200.00 PO Box 455 Dryden, New York 13053 Contour Construction, LLC $304,772.00 PO Box 534 Binghamton, New York 13902 ZMK Construction, Inc. $322,000.00 PO Box 502 Apalachin, New York 13732 Rasmussen Excavation, LLC $327,000.00 4371 S. Lebanon Road Earlville, New York 13332 Boland's Excavating & Topsoil Inc. $333,000.00 1403 Milburn Drive Conklin, New York 13748 A.J. Montclair Inc. $338,806.00 7-Zuk-Pierce Road Central Square, New York 13036 Economy Paving Co. Inc. $340,304.00 1819 NYS Route 13 Cortland, New York 13045 D.E. Tarolli, Inc. $341,968.00 13 Dwight Park Drive Syracuse, New York 13209 Ottenschot Construction Co., Inc. $354,250.00 PO Box 270 Homer, New York 13077 Grant Street Construction, Inc. $369,000.00 48 Grant Street Cortland, New York 13045 R. Devincentis Construction, Inc. $380,000.00 One Brick Avenue Binghamton, New York 13901 z3z- FEBRUARY 16, 2005 TOWN BOARD MEETING F.P. Kane Construction Inc. $397,000.00 137 Washington Avenue Endicott, New York 13760 LaFleur Construction $402,500.00 6814 Kingdom Road Memphis, New York 13112 Procon Contracting $404,000.00 PO Box 1037 Vestal, New York 13851 PAGE 4 BE IT RESOLVED, the bid as recommended by the Town's engineering firm, Clough, Harbour & Associates, is hereby awarded to Adhan Piping Co. Inc. of 1865 NYS Route 13, Cortland, New York in the amount of $237,284.00. There was discussion regarding the request of Christopher Bushnell, of 3655 Page Green Road, for reduction of the water benefit tax charged to his two parcels. The Board was in receipt of Assessor Briggs recommendation. Mr. Bushnell's residence sits on 2.85 acres of land, and the benefit tax is 5.1 units. He also owns 1.81 acres of vacant land on the north side of his residence, which is charged a benefit tax of 2.6 units. Christopher Bushnell stated he does not agree with the way the water benefit tax is calculated. As an example, he pointed out that a neighboring 4.3-acre parcel with a 20 ft. road right-of-way, has a benefit tax based on 1 unit. Councilman Rocco did not feel the way in which the water and sewer benefit tax is determined is 100% accurate. The frontage on Page Green Road contains the pipe that the Town must maintain, yet the landowner who has 20 ft. of road frontage has the opportunity to use the pipe for all his land. Councilman O'Donnell commented that the Board has discussed the issue numerous times and has discussed numerous solutions. In Mr. Bushnell's situation, he stated the road frontage could be developed. Mr. Bushnell stated he cannot subdivide his parcel again. Mr. Busnell commented that the vacant parcel could be developed for only one residence due to a 50 ft. easement and right- of-way down the center of the property. There is one water hookup on the vacant land, while his residence has two hookups. Mr. Bushnell requested he pay the water benefit tax based on usage, similar to neighboring property owners. The benefit tax is already having an adverse affect on his tax bill, and mentioned the bill would double when sewer is available. Supervisor Thorpe pointed out that Assessor Briggs advised Mr. Bushnell that if he combined the two parcels the total benefit tax would be reduced to 6.3 units, which Mr. Bushnell still claimed to be excessive. Mr. Bushnell mentioned that the Town has made adjustments for excessive frontage on other parcels. He reiterated that he disagrees with the calculation of the benefit tax. He questioned how long the water benefit tax would be in place, and questioned whether the tax would decrease once the bond for the project is paid off. Attorney Folmer apprised Mr. Bushnell there is a single Town wide water and sewer district. Bonding for a water or sewer line would affect everybody in the district. Attorney Folmer questioned whether Mr. Bushnell would argue that the units were not calculated in accordance with the provisions of the ordinance. Mr. Bushnell agreed the units were calculated correctly. Attorney Folmer requested the Board table Mr. Bushnell's request until he had the chance to speak with Mr. Briggs about the exceptions the Board has made in the past few years. He also wanted to speak with Bond Counsel about the effect on the bond holders of making changes without adopting a different charging rule in the ordinance itself. Councilman O'Donnell questioned why Mr. Bushnell could not subdivide the parcel that his residence sits on. Mr. Bushnell stated there is not enough room on the lot to subdivide it, nor does he want to. Although he was advised to combine the undeveloped lot with the developed lot, Mr. Bushnell hoped to sell the vacant lot in the future and found it pointless to combine the parcel only to subdivide it in the future. Mr. Bushnell suggested each residence in the district pay the same amount to repay the bond per usage. Therefore, a parcel with three residences should be charged three units. 1 1 I. 233 FEBRUARY 16, 2005 TOWN BOARD MEETING PAGE 5 Town Clerk Snyder interjected and apprised Mr. Bushnell that a three family home on one parcel it is either charged three units, or is charged based on consumption; whichever is greater. RESOLUTION #49 TABLE REQUEST OF CHRISTOPHER BUSHNELL TO REDUCE THE WATER BENEFIT UNIT CHARGE FOR PROPERTIES LOCATED ON NYS ROUTE 215 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby table the request of Christopher Bushnell to reduce the water benefit unit charge, for two parcels located on Page Green Road, tax map #96.00-03-08.000 and #96.00-03-07.000, until the March 2, 2005, Town Board Meeting. RESOLUTION #50 AUTHORIZE EXTENSION OF TIME FOR TAX COLLECTION TO JUNE 1.2005 Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE I ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign and forward a request for an extension of the tax collection program until June 1, 2005 to the Cortland County Treasurer, in compliance with Section 938 of the Real Property Tax Law. RESOLUTION #51 AUTHORIZE 60-DAY EXTENSION OF THE SUPERVISOR'S ANNUAL REPORT OF 2004 Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Budget Officer is hereby authorized to request an additional 60-day extension from Audit and Control for filing of the 2004 Annual Financial Report. RESOLUTION #52 AUTHORIZE SUPERVISOR TO SIGN 2005 MUNICIPAL CONSULTING AGREEMENT WITH CLOUGH, HARBOUR & ASSOCIATES LLP Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the 2005 Municipal Consulting Agreement with Clough, Harbour & Associates LLP. 7-S9 FEBRUARY 16, 2005 TOWN BOARD MEETING PAGE 6 RESOLUTION #53 DECLARE THE PROPOSED ZONING TEXT AMENDMENT A TYPE I ACTION UNDER SEQRA AND DECLARE THE TOWN BOARD AS LEAD AGENCY Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby declare the proposed Zoning Text Amendment, which would amend the Zoning Law and map of the Town of Cortlandville, as a Type I action under the State Environmental Quality Review Act (SEQRA), and it is further RESOLVED, the Town Board does hereby declare they be Lead Agency for the proposed Zoning Text Amendment. No further comments or discussion were heard. Councilman Rocco made a motion, seconded by Councilman Pilato, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:50 p.m. Respectfully submitted, Karen Q. Snyder Town Clerk Town of Cortlandville 1 Z3s FEBRUARY 16, 2005 7:00 P.M. PUBLIC HEARING NO. 1 LOCAL LAW OF 2005 ZONING TEXT AMENDMENT TO CHAPTER 178 OF THE ZONING LAW FOR THE TOWN OF CORTLANDVILLE A Public Hearing was held by the Town Board of the Town of Cortlandville at the Cortlandville Fire Department, 999 NYS Route 13, Cortland, New York, regarding the adoption of a Local Law of the Town of Cortlandville for the year 2005 which would amend the Zoning Law of the Town of Cortlandville. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer;" Highway Sup't. Carl Bush; Walt Kalena, Engineer from Clough, Harbour & Associates; Planning Board Members, Nick Renzi and Dr. James Bugh; Zoning Board of Appeals Member, John Finn; Deputy Town Clerk, Kristin Rocco; News Reporter Eric Mulvihill from WXHC; News Reporter, Patrick Ruppe of the Cortland Standard; Herb Haines, 12 Hannum Ave, Homer, NY; Anne Villain, SUNY Cortland; Mark Keith, 4588 Kinney Gulf Rd, Cortlandville, NY; Grace Bentley, 15 Monroe Heights, Cortland, NY; Glenn and Nadine Reisweber, 3264 Coventry Lane, Cortlandville, NY; Joseph F. Govemali, 3316 Fairway Heights, Cortlandville, NY; Charles Drake, 783 MacBean Lane, Cortlandville, NY; Richard Westervelt, Ithaca, NY; Ron Powell, 24 Melvin Ave, Cortland, NY; Brian Goodell, Ithaca, NY; Carl Fewer, 310 First St., Ithaca, NY; Ruth and John Catalano, 796 N. Lamont, Cortlandville, NY; - Cliff Kostuk, 12 Cedar St., Cortland, NY; Dick Benchley, 4478 Cosmos Hill Rd., Cortlandville, NY; Richard Buttny, 2298 Carson Rd., Virgil, NY; David Yaman, 57 Hickory Park Rd., Cortland, NY; Linda Smith, 265 Merrill Creek Rd., Marathon, NY; Hilary Penney, 201 N. Edwards, Syracuse, ,NY; Lorraine Brown, 11 Summit St., Cortland, NY; Beverly Johnson, 3269 Coventry Lane, Cortlandville, NY; Nick and Barbara Pauldine, 3746 Route 281, Cortlandville, NY; Bob Martin, 1142B The Park, Cortlandville, NY; Tony DiLucci, 3317 Fairway Heights, Cortlandville, NY; Tom Michales, City of Cortland 8t' Ward; Mark Tasce of Borg Warner, 3690 Luker Road, Cortlandville, NY; Lee Miller, McGraw, NY; Barbara K. Miller, McGraw, NY; Lisa Lissberger, 3289 Coventry Lane, Cortlandville, NY; Susan Fitts, 811 Pheasant Run, Cortlandville, NY 13045; Dan McNeil, 17 Main St., Cortland, NY; Brendan McGovren, 44 Rickard St., Cortland, NY; Beverly and Ashley Ellefsun, 23 Chestnut St., Cortland, NY; Carol Navano, Lime Hollow Rd., Cortlandville, NY; Richanna Patrick, 23 Atkins Ave., Cortland, NY; Gary Hammond, 3 Evergreen St., Cortland, NY; Gene Barker, McGraw, NY; Terry Sharpe, 3 School St., McLean, NY; Holly Freer, 100 N. Main St., Cortland, NY; Garry VanGorder, Cortland County Chamber of Commerce, 37 Church St., Cortland, NY; Robert and Norma Rhodes, 1 Floral Ave., Cortland, NY; Grace Meddaugh, 1128 Old Stage Rd., Cortland, NY; Jamie Dangler, 1103 Wolf Rd., Cortland, NY; Audrey Lewis from the Department of Health; Reuben Ortenberg, Attorney representing Lowe's, 295 Woodcliff, Fairport, NY; Paul Colucci, 217 Lake Ave., Rochester, NY; Francis Uhlir, 82 W. Main St., Cortland, NY; Helene Maxwell, 10 William St., Cortland, NY; Andrea Rankin, 7 Broadway, Cortland, NY; Bill Cleary, 1108 Madden Lane, Cortlandville, NY; Chris Cirmo, 4000 Forest Dr., Cortlandville, NY; Anna -Mae Artim, 714 McLean Rd., Cortlandville, NY; Lydia Ferro, 710 McLean Rd., Cortlandville, NY; Jim Mulherin, 3262 Coventry Lane, Cortlandville, NY; Mike Chernago, SCWP LLC, 839 Route 13, Cortlandville, NY; Charles Masterpaul, 3726 Route 281, Cortlandville, NY; Gordon Johnson, 3269 Coventry Lane, Cortlandville, NY; Peter O'Connell, 3718 NYS Route 281, Cortlandville, NY; Gloria Taylor, 731 Bowling Green, Cortlandville, NY; Carol Janik, 21 Melvin Ave., Cortland, NY; Colleen Kattau, 16 James St., Cortland, NY; Philip Walsh, 6750 McDonald Rd., Homer, NY. z36 FEBRUARY 16, 2005 PUBLIC HEARING NO. 1 PAGE 2 Supervisor Thorpe: Remember now that this is a public hearing. I will formally open the public hearing and ask the Town Clerk to read the legal notice, which is required by law, which was in the paper. Town Clerk, Karen Q. Snyder: Please take notice that a public hearing will be held by the Town Board ... Man in audience: A little louder please. Town Clerk, Karen Q. Snyder: Please take notice that a public hearing will be held by the Town Board of the Town of Cortlandville on February 16th, 2005 at 7:00 p.m., or as soon thereafter as the parties may be heard, at the Cortlandville Fire Station on Route 13, Cortland, New York regarding the adoption of a Local Law for the Town of Cortlandville for the year 2005 which would amend the Zoning Law of the Town. At said public hearing all those residents who wish to appear and be heard will be given the opportunity to address the provisions of this said Local Law. The proposed Local Law may be reviewed at the Office of the Town Clerk, at 3577 Terrace Road, in Cortland during ordinary business hours. This is by order of the Town Board of the Town of Cortlandville, dated February 2°d, 2005. Supervisor Thorpe: Now keep in mind that this is a public hearing on the Zoning Ordinance. We're not going to discuss Wal-Mart or any other particular entity which might exist in the, in the future. I will ask you to be brief with your remarks and if I think that you are going to talk to long, I am going to, as Chairman, take the privilege of cutting you off. So with that in mind then, because the Counselor to the Town is much more polite than I am, I am going to turn the meeting over to him. Attorney Folmer: I guess they told me, they told me once that you couldn't be given something if you weren't really willing to have it, but I guess that's not true under these circumstances. Before we start a couple of things that I would like to say. First of all, as Mr. Thorpe .has indicated we are here to talk about the provisions of a proposed Zoning Ordinance as opposed to uses that might take place under the terms of that ordinance. If you have read the Ordinance you know that the districts that have been established or are proposed provide for several different kinds of uses. Most of those uses will require other approvals pursuant to the terms of this Ordinance. Site reviews, aquifer protection permits, conditional permits etcetera. The point is that we're here not to talk about a Wal-Mart or a Lowe's or a Wegman's or whatever. We're here to talk about the underlying Zoning Ordinance itself. And I hope that we can limit our comments to that so that the record that we are making here this evening will be clear as to your comments on the Zoning Ordinance itself when the Board sits down to review those comments and to make whatever final revisions it wishes to make before it proposes the ordinance to itself for adoption. If there are people who have written comments that they would like to submit we will make them part of the record and I have two that we have received in advance. One is a letter from Russell E. Ruthig dated February 15 addressed to Mr. Thorpe. The second is a letter from Mrs. Edward J. Ward dated February 16th and received that date. And the third is from Mrs. Donald B. Smith, again addressed to Mr. Thorpe and dated and received on February 16. If there are other written comments we'll be glad to have those received as you wish. Given that, and subject to Mr. Thorpe's telling me to be quiet or somebody else, I would ask for people to indicate if they wish to have something to say the floor is now open. And I would suggest that we begin this side of :the room and start right down back and see who would like to be heard. Woman in audience: On the left? Attorney Folmer: We're right here. We'll start right in the front. Who's first? Susan Fitts, 811 Pheasant Run, Cortlandville, NY: My name is Susan Fitts and I feel that as a taxpayer Clough Harbour was hired to give recommendations about the zoning proposal and I think that we should'follow them. I do not think that we should be giving permits, extra permits. I think that... make the law, adopt a law and not have a lot of conditional permits because then you're completely ruining the whole reason that we had the recommendation ... that is my main concern. So I think we should follow their recommendations, not make any exceptions, and it would make everything so much easier and it would protect our aquifer and that is my main concern. I think that's what the Board should do with the zoning. Attorney Folmer: Thank you ma'am. 237 FEBRUARY 16, 2005 PUBLIC HEARING NO. 1 PAGE 3 Councilman Ronal Rocco: Counselor. Could I ask that we get the name and the address. Attorney Folmer: Sure. Susan Fitts: My name is Susan Fitts and I live at 811 Pheasant Run. Attorney Folmer: Yes ma'am. Andrea. Andrea Rankin, 7 Broadway, Cortland, NY: My name is Andrea Rankin. I live at 7 Broadway...I drink the water. And I'm asking that there be no development whatsoever on the polo field. We understood that you undertook this rezoning with two purposes in mind. One was to protect our water and our environment. And the other was to plan for intelligent development. I call it smart growth. The zoning changes in B-3 do neither of those things. You've put very knowledgeable professionals on your Planning Board, Dr. Jim Bugh and Nick Renzi. They've read all the materials and come to an informed conclusion. We hope that you do not ignore their no vote on the zoning changes. The Mobil court case is the precedent that can give you courage in turning down the B-3 proposal that allows buildings one -hundred thousand square feet or larger with a conditional permit on the polo field which has our water supply eight to twenty feet underneath the surface. That's our sole source aquifer. I have four other written testimonies. Two people are out of town. One person is in the hospital, another person is sick with the flu, so ... Attorney Folmer: We'll be glad to have them Andrea. Thank you very much. Yes. Please. Yes ma'am. Grace Meddaugh, 1128 Old Stage Road, Homer, NY: I would like to read something to you. Attorney Folmer: Could we have your name and your address? Grace Meddaugh: My name is Grace Meddaugh. I live at 1128 Old Stage Road, Homer, New York. Respectfully I submit to the Town Board has to be concerned with protecting our water supply from contamination of any kind. I hope you take this very seriously. The polo fields have been there for years and have done a good job of not polluting because of it being a green space. Can you consider leaving this green space forever by zoning it as such? Why would you consider allowing building on this space and the possibility if not probability of putting our water supply in danger? Once clean water is gone, where do we go for more? Sorry doesn't cut it with me. I personally do not live in Cortland, but I have a mother-in-law in a nursing home there, I work in Cortland, and I do have friends and relatives who live there. We also share the water table for our well water. I person.... Our water supply is too precious to even think of allowing contamination to be possible. I beg you all to think long and hard about doing the right thing for Cortland and the surrounding areas before changes are, to allow builders to take place above our wellheads or recharge are in the future. Clean water is necessary for a good quality of life, which we have enjoyed and should be able to continue to save for future generations. Attorney Folmer: Thank you very much. Supervisor Thorpe: Thank you. Attorney Folmer: Yes ma'am. Jamie Dangler, 1103 Wolf Road, Romer, NY: My name is Jamie Dangler and I live at 1103 Wolf Road in the Town of Homer and I have a prepared statement .._. and I'd like to just make a few comments highlighting some of the things that I think are important. First of all, thanks for giving us the opportunity to address you. We really do appreciate that. I am concerned about a number of things in the proposed zoning provision. The one thing I am concerned with lot coverage allowances in the B-3 district are too extensive. Reduced recharge to the aquifer, possible flooding, and bank erosion could be potential problems if sixty percent lot coverage is allowed. I am also concerned about the allowance of conditional permits for buildings in excess of one hundred thousand square feet in the B-3 zone. I think the weakness of the lot coverage provision combined with the possibility for conditional permits that would allow extremely large buildings over a critical recharge area over the aquifer, um, you know, mainly will endanger the ability to maintain critical recharge area on the few remaining spaces that are not already extensively.... I think that to a large extent we already have over -development along Route 28I/Route 13 corridor. And I think the extensive parking lot runoff and stormwater 238 FEBRUARY 16, 2005 PUBLIC HEARING NO. 1 PAGE 4 management problems that already exist have to be taken into account as you consider what should be done from this point on. We're not starting with a clean plate. We already have problems in this area. And I'd like to bring one thing to your attention. There was a September 2004 issue of Science News, which contained an article called "Paved Paradise." And that article discussed the ways impervious surfaces affect a region's hydrology and ecosystems. Parking lot runoff is one of the key problems covered in the article. And in addition to citing problems caused by road salt, motor oil, and other fluids from vehicles the article states that quote, new research suggests that significant quantities of suspected carcinogens known as polycyclic aromatic hydrocarbons or PAHs can leach from asphalt -based and coal tar -based sealants used on paved lots. The article then goes on to summarize recent research on this problem conducted by the US Geological Survey. And I have attached a copy of this article to my letter for your more detailed review. I would also urge you to eliminate the conditional permit provision for automotive service operations in the B-3 zone. Such operations, which you know are prohibited uses under the aquifer protection district, and since the danger of adding any more automotive service operations to the Route 13/Route 281 corridor has been widely acknowledged, as your commendable struggle with Mobil certainly reflects, it doesn't seem to me to make sense to allow any possibility for new automotive service operations in this particularly vulnerable part over the aquifer. Now I have decided to focus my comments on these particular aspects of the proposed zoning ordinance because I have a very deep personal commitment to supporting your efforts to protect our drinking water. And as most of you on the Board know, this is not the first time I have come before you pleading for aquifer protection. Those of you who have been on the Board since the late 1980s, and that would certainly include Mr. Thorpe, Mr. Testa, Mr. Rocco, and I believe Mr. O'Donnell, know that I was before you many times in the immediate years after September 12, 1986. That was the day my husband and I found out that we had been drinking highly contaminated water from our well on Pheasant Run. And I may be, well I know I'm not the only person, but I'm one of the only persons in this room who can tell you firsthand what it's like to find out that you have been unknowingly drinking contaminated water. And as many of you know, my house unfortunately sat atop the center of a plume of water contaminated with Trichloroethylene. The plume started on the Smith -Corona property and flowed north under Pheasant Run and Lamont Circle all the way to Pall Trinity. It's still polluted. My well had the highest levels of contamination documented at such time. Over five hundred parts per billion of TCE and its breakdown products, when the EPA standard for TCE was five parts per billion. It was an extremely traumatic experience. My husband and I survived it, but I got pregnant shortly after moving into that house, and my baby did not survive her mother drinking more than five hundred parts per billion of Trichloroethylene. Now why do I bring this up now? What relevance does it have for the current zoning issue? I think it's relevant in at least two ways. First, I hope it may help you reflect on the position you are in now and the position you could be in if serious groundwater contamination occurs. Particularly if its preventable through reasonable land use restrictions. While it may be difficult to make hard choices now when you are being pushed and pulled in different directions by varying interests, ultimately you will be held responsible if groundwater contamination occurs as a result of the Town's failure to adopt protective measures that will minimize risk. And secondly and finally, I bring up the past because it gives us a lesson we should never forget. Once groundwater becomes contaminated it is likely to be impossible to clean it up to drinking water standards ever again. The groundwater that was polluted by TCE from Smith -Corona is still polluted, even after almost twenty years of very expensive treatment: While the TCE levels have been reduced, the water is still undrinkable. And it was pure good fortune as I'm sure you know that the pollution occurred where it did because it wasn't in the pathway of public wells. Had it been, the catastrophe would have gone far beyond those of us who were directly affected because we were on private wells at the time. So please don't forget that lesson even though we may be talking about the possibility of other types of contaminants I think that.... Please don't put the quality of our groundwater at risk for special interests. So I urge you to reconsider some of the particular provisions of that B-3 district. Thank you. Attorney Folmer: Thank you Jaime. (applause by audience) Yes ma'am. Richanna Patrick, 23 Atkins Ave., Cortland, NY: ... I have a cold so if I cough.... My name is Richanna Patrick and I live at.23 Atkins Ave. This special recharge area for the Cortland aquifer is the only source of drinkable water for thousands of people. You should all keep in mind that if you gamble with our water only to find out in fifteen or twenty years you lost the bet there is no reversal. Pall Trinity, or somebody who talked about it at the last meeting, said that Pall Trinity is here because of our quality of water. If we end up a health disaster as other cities have been with their water sources, it is your names that will be on the record books in Cortland's history when future generations ask why and who. Please make your goal to be ,739 FEBRUARY 16, 2005 PUBLIC HEARING NO. 1 PAGE 5 board members who thankfully had the foresight to see a possible future catastrophe and were not afraid to make the tough decisions to prevent it. What looks like a quick fix for the economy may have many future ramifications for the quality of life here. I'm surprised our water doesn't have more contaminants with all the old cars leaking fluids in all the parking lots of the discount chain stores in the surrounding area. Our water isn't perfect but it sure tastes better and has better quality than many places I've traveled to. The best thing would be to leave this one last area green with the full ability to soak, perk, and replenish our water to the quality and quantity we've all been accustomed to. I returned to Cortland after college because I love the quality of life here. So I ask you please don't throw away that gem in this latest quantity of expansion craze everybody seems to be in. We should grow while preserving the important things. I'm sure many businesses would like to build on that piece of land. But be honest. We're just another spot on the map to large corporations. They really have no serious investment here as many of us have. We were born here, grew up here, and came back. Business will just pollute and move on to another dot on the map. If you make this zone change now, the pressure will be on for more negative changes to that area. Stand tough please. Attorney Folmer: Thank you ma'am. Councilman Rocco: Richanna what street did you say you live on? Richanna Patrick: Atkins. Councilman Rocco: Atkins. Attorney Folmer: Lee. Lee Miller, McGraw, NY: ... Andrea Rankin, Jamie Dangler. Put me down for what they said. But I just wanted to add a few things. I do agree... . Attorney Folmer: Can we get.... For those of us who, those of them who are not lucky enough to know who you are would you tell them? Lee Miller: Lee Miller, McGraw. I just want to say I don't think there should be any zoning if we want to show... keep it green.... As I said the last time I stood up to talk, water shortages are going to be the big topic in the future in the entire United States, not just Cortland County. And, um, I think we're gonna come to the point where we realize sixty percent ... over recharge areas ... consideration and combination of how do we get the water back into the ground.... One thing I am concerned about ... one is accountability. You know by the time we start having problems you guys will probably be all off the Board. Well, seriously. Who ever goes in here, whatever, whatever use goes in there are going to have some accountability. Now I was, as you well know a little too well probably, I was fighting to try to keep the Polkville Aquifer safe. And all we asked for at the very end can we at least have accountability. If there is a problem down the line how many billions of dollars.... If some big industry goes in there can a provision be made..... What happens as far as is our taxpayer money gonna have to go up to pay or who is going to be accountable. That is something we really need to consider. If this happens I think that we need to have some kind of provision there.... And secondly probably I think the greatest threat facing Cortland County today, and that's the law of unintended consequences. We sit here, we're frantic to get the economy going. There are some who have only one kind of one template to work from and that's big business. I don't really see that. ...lose our opportunity for every other kind of business. But there are consequences down the line. One of the unintended consequences, we don't intend for us to have a water problem. But what happens if we do have a water problem? I forsee having water problems. I forsee our taxes being overly taxed to try to pay for the problem. I forsee massive lawsuits coming in because I think that there's gonna be people who are gonna sue in the future for decisions that were made.... You know there are all sorts of things that are gonna happen. This isn't a small company. These aren't small companies that.... These are national companies with lawyers much bigger than we are. You know ... bringing a company in that you can't control. If we have a problem down the line we're really stuck. We've got some serious problems. The law of unintended consequences is something I would like you all to consider on the Board. You don't plan for anything bad to happen but look what can happen if it does. Where are we if it does? And finally, I have to say for the record, to me I think it's a decision of such enormity. It's our water. I am amazed that there isn't more involvement than there is. You talk about ... to protect the Cortland water supply but my understanding, correct me if I'm wrong but ... a year ago this can affect the water table from Marathon to Preble. This is not a Cortland problem. 2- � 0 FEBRUARY 16, 2005 PUBLIC HEARING NO. 1 PAGE 6 I live in McGraw. It's a McGraw problem. You know I have a farm in Homer. It's gonna be a Homer problem. This is a problem that we all have. We should expect other people to come out.... I would expect the Cortland Board would be involved. I would expect the Town Board issue a countywide decision. Not a decision that the Cortlandville Town Board makes for water that will affect everybody in and outside of the Town of Cortlandville. I am amazed that even maybe officials from the next county down, Chenango County, aren't invited to help make these decisions. You would think if our water table starts to have a problem maybe theirs will too. I don't know enough about it but .... Again I am growing increasingly appalled that a decision of such enormity that will affect the water for the entire county is not even being a countywide issue. It's not even being put up to the county for a vote. And I think maybe we ought to think about that. Attorney Folmer: Thank you Lee. Councilman Rocco: You know the County Planning Board does have quite a bit of input and you know we're not.... We're talking input from a lot of different places. The County does have input. The City does have input. The Mayor has input. Lee Miller: See I'm just concerned that I think a lot of citizens think this is only a Cortland issue. Councilman Rocco: We listen like we share equipment. We listen. We're not sitting in a room deciding.... Lee Miller: Yeah but ... it winds up being a Town of Cortlandville decision but it's a County of Cortland problem. So I'm scared ... because I think we need a lot of years to make a decision. And I think that we need a lot of people to make a decision.... Attorney Folmer: Dr. Rhodes. Robert Rhodes, 1 Floral Ave., Cortland, NY: My name is Robert Rhodes and I live at 1 Floral Avenue.... Except for the time that I was in the service and in graduate school, I'm a lifelong resident. A point I make because like many others here tonight I'm old enough to remember when Route 13 and Route 281 was known as the back road to Homer. Maybe it's my imagination but it seems to me at one point it was also unpaved. Attorney Folmer: You're right and I can remember that. (laughter in audience) I'm ashamed to admit it but I can. Robert Rhodes: It's become a tired phrase but quality of life is still a workable concept for how we live. For better or worse. For what we are and what we have and what we aspire to. Well I know that we can't go back to the back road to Homer and that change is inevitable, but it doesn't have to be more change of the kind that's made so much of 13/281 so mind -numbing and ugly. I ask the Board, please, to look ahead and to try to visualize where we might be heading if you don't say enough is enough. Here's some of what I visualize. More and more green space paved over with endless acres of barren blacktop and concrete. Traffic that's impossible now increased many times over and bringing increased noise pollution and increased air pollution and increased traffic accidents. The Cortland County Sheriff's Department reports that in 2004 there were one hundred and forty-six traffic accidents on the entire 13/281 corridor. That report does not include possible accidents dealt with by the State Police. So it's at least possible that the number is actually higher. Are we naive enough to think accidents will decrease with heavier traffic? For the residents of Walden Oaks and Walden Place to name only the obvious residential tracts, there'll be the loss of a serene way of life, and probably a decrease in property values. How would, how could, any of these changes improve our quality of life? But the most important consideration is that the proposed changes will put Cortland's sole source aquifer in jeopardy. It's your responsibility to see that this doesn't happen. No matter what you're told by those who want the changes, they cannot guarantee the aquifer will be safe. Please don't buy the bill of goods that they'll take care of everything and that it's all going to be just wonderful for everybody. Finally, let me quote from the Cortland Standard's December 29 editorial when they wished for the Cortlandville Town Board, I'm quoting, the wisdom to bring to fruition the town's efforts to enact a zoning ordinance that supports responsible development while insuring that protection of the water supply is its first responsibility. Insuring that protection of the water supply is its first responsibility. Please. Have courage and do the right thing and say no. Thank you. 2HI FEBRUARY 16, 2005 PUBLIC HEARING NO. 1 PAGE 7 Attorney Folmer: Yes sir. (applause by the audience) Yes sir. Bob Martin, 1142B The Park, Cortlandville, NY: My name is Bob Martin. I live at 1142B The Park. In general I feel that Article XI of the Cortlandville Code on Planned Unit Development needs to be reviewed and amended as part of this revision. The statement of intent needs to be strengthened and clarified particularly for commercial and industrial development. I do not believe that the proposed zone changes reflect the original Land Use and Aquifer Protection Plan or adequately address any potential PUD. The Cortland County Planning Department's January 13th, 2005 report prepared by Dan Dineen does not address PUDs in any detail. The draft changes to Chapter 178 Zoning that are proposed have no reference to PUDs. On page 4 of the Cortland County Planning Board's report, item 11 suggests that two areas maybe, I quote, maybe better served as a Planned Unit Development floating zone. End quote. These two areas are the South Cortland Warehouse Project and the J.M. Murray Center properties and the proposed Build Now New York site. I request that the Cortlandville Planning Board, the Cortland County Planning Board and the Cortlandville Town Board consider the review and revision of section 178.52 to insure adequate aquifer protection and controlled growth in the Town of Cortlandville. Attorney Folmer: Thank you sir. (applause by audience) The gentleman next to you. Chris Cirmo, Associate Professor of Geology at SUNY Cortland, 4000 Forest Dr., Cortlandville, NY: ... My name is Chris Cirmo and I am a Professor of Geology at SUNY Cortland. I am a relative newcomer to the area and I want to thank you first for the work that the Planning Board has done ... difficult decisions. I don't want to focus on hydrogeology, which happens to be my specialty. And having said that I would like to read a statement and I'll try to keep it to about four minutes. Is that too long? Attorney Folmer: Not for me go right ahead. I'll cut your class if you go over the four minutes. (laughter from audience) Chris Cirmo: With the Cortlandville Planning Board recommended zoning district proposals, and finalizing their recommendations to the Town Board, it is imperative to reflect on the future of our region and the continued development of the South Cortland shopping district as the county's Main Street as it was so ineptly put in an editorial in the Cortland Standard a few months ago. Specifically addressing the B-3 district rezoning proposals the points I wish to make have to do with a) aquifer protection and water quality, b) overall environmental quality in South Cortland, and c) recent extensional of development on the Route 281/Route 13 Ithaca/Cortland corridor. I moved to Cortland in 1998. I've been here about seven years, and living in this area was encouraged to me, as Cortland is called the eastern gate to the Finger Lakes. Indeed, Cortland has lived up to its billing as being friendly, healthy and stimulating place. Specifically, the quality of Cortland's municipal groundwater supply is evidenced by recent interest from the federal organizations of groundwater federation to hold a national groundwater festival in Cortland. We have one of the most extensive, unique and sensitive municipal groundwater aquifers in the region and nation supported by its designation as a sole source aquifer by the USEPA. It also has wellhead provisions put in to it for that very reason. The sand and gravel aquifer underlying much of the Cortland area has a sensitivity and resource value difficult to match in the state and nation. It might even be considered what might be termed a regional environmental treasure. In the seven years I have lived here in Cortland, no fewer than sixteen new retail and banking establishments have located in the Route 281 corridor from the Route 222 intersection to South Cortland. Associated with these were ten new structures and ten new parking areas. With this rapid development pressure our discussion tonight centers effectively on its continued expansion. It doesn't focus necessarily on just redistricting. It effectively focuses on this continued expansion. Just what is the limit to the number of new developments along this already stressed corridor. How will this development affect the economic vitality, viability and the employees of existing businesses let alone its effects on a unique regional groundwater aquifer? A couple of other points. Cortlandville needs to become more than just a place to shop. Now I am speaking as a newcomer in the area. I argue for and support the recently successful efforts to reestablish and reoccupy Cortland's former commercial and industrial bases, which are called existing footprints. These footprints have already been reutilized in places like Buckbee-Mears, places like Smith Corona, places like Rubbermaid. This is where businesses go in where already there are existing footprints. There won't be additional affects on the aquifer. One should argue for on -site expansion of existing facilities and businesses where little additional disturbance of natural or infra -structural resources would take place. Unfortunately, additional construction on otherwise unimproved land and 2-4 7- FEBRUARY 16, 2005 PUBLIC HEARING NO. I PAGE 8 agriculture, agricultural fields leads inexorably to additional parking lot runoff, light pollution, impervious surfaces, traffic lights, road widening, along with associated automotive emissions and noise. Some areas in the proposed B-3 redistricting are considered critical to aquifer recharge. No one wants .to be told what they're to do with their land. Unfortunately there are differences of opinion on this regard and some unfortunately are based on a very short term perspectives. The very nature of business and commercial growth is based on short-term success further promoting rapid development with little consideration for the twenty-year window. I'm getting closer to the end. Atttorney Folmer: I didn't look at my watch! Chris Cirmo: Another consequence of the redistricting recommendations is continued new development away from the heart of Cortland, away from the 81 exits, downtown, and the neighborhoods east of the Courthouse, along with potential displacement of neighborhood businesses and grocery stores and bypassing of downtown businesses. And specifically in the redistricting it's discussed that there are advantages to the motorized public of this redistricting. I happen to be part of that motorized public, but I certainly don't want to encourage more motorized public coming through Cortland. It's gonna happen anyways because it's a corridor between Ithaca and the interstate. Many people who visit me do not realize that Cortland even has a downtown. What they know about Cortland is the ... off of Route 81 and the extended developments up near Route 13/81 and out here at the Route 281/13. There is still a chance to have some influence on what this township would look like in twenty years. First, consideration should be given to ideas and business transactions promoting the use of existing footprints for retail/business expansion, to not only encourage care in protection of resources, but to promote the protection of existing businesses. Second, consideration should be given to reexamining and building an updated and site -sensitive wellhead protection plan, as part of the redistricting, specifically addressing critical recharge areas of our aquifer. And finally, we should take careful and long-term consideration of how we wish to promote the economic and environmental character of the South Cortland area through redistricting efforts. Thank you. (applause by audience) Councilman Rocco: Do you live in the County? Chris Cirmo: Yes, I live in Cortlandville. Attorney Folmer: Thank you sir. I'm going back through this. Yes sir. Jim Mulherin, 3262 Coventry Lane, Cortlandville, NY: I'm Jim Mulherin. 3262 Coventry Lane, Walden Oaks Development. I would like to say that I am for growth in our community just like other residents up there in Walden Oaks, but I'm again for growth, smart growth, that is thought out. I have some questions for the Board to consider to ... make your decision. Again, this was touched on tonight, what are some of the long range planning that has been done to make this decision for the proposed change? Is there a feasibility study on any of this in the area that would address the impacts of a zoning change? Is a zoning change even good for the Cortland community? So many residents of Walden Oaks have expressed that they didn't know what the problems were with zoning the way it is now. A lot of us bought homes up there because we figured it would be a slim chance that industrial site would be able to build an industrial site over an aquifer. ... changed to a B3 zoning. Will this allow more restrictions on businesses? In other words will it restrict the size, the types, the hourly function of a business? For an example a strip mall, a 24-hour retail store. Our resident's development is very close to the proposed change in that area. Noise, lights, light pollution, which was touched on, dust, odors 24-hours a day. Could the proposed area be a small business track? High tech for example. What are the advantages to the residents that are directly impacted? South Cortlandville residents? Walden Oaks, Bennie Road residents? The value of our homes. How are they affected? Will our property taxes go down? I'm sure they won't. How about the present traffic problems we have now on the 13/281 corridor. Will they increase or will it be accommodated by the change? Have these things been considered? Lastly, the Walden Oaks development has been experiencing a large, welcomed increase of home building. There are several reasons. It is clean, safe, high quality community for our children and families as well as our future families. It has been my choice to live in such a fine community and with that choice comes with unexpected change around us obviously. I hope that the Town reconsiders a zoning change and considers the type of progress that is good for the Town and County. We want to attract families to Cortland. Not more discount stores that attract low wages. The Town should 1 1 1 243 FEBRUARY 16, 2005 PUBLIC HEARING NO. 1 PAGE 9 be focusing on high tech, maintaining the quality of life that has been established already. This is what contributes to growth in our community. Thank you. Attorney Folmer: Thank you Jim. (applause by audience) The lady against the wall over here. Yes ma'am. Colleen Kattau, 16 dames St., Cortland, NY: I know that a lot of people want to speak. My name is Colleen Kattau. I live at 16 James Street. ... because I am concerned with what ... especially those parts. I am concened that conditional permits and the loopholes that come with them weaken the process of sound planning. I am concerned that playing the percentages game of lot coverage makes for a messy zone. I am concerned about the 281 corridor that each year looks more and more like anywhere USA. I am concerned that toying with allowable lot coverage and conditional permits in that area will create even more traffic, erosion, and flooding problems.... I am concerned that big box stores and other large corporations, really in which the line between industrial and commercial, that line is blurred. I think that allowing ... is really allowed ... to do what they want in small communities.... I just urge you to consider aquifer protection first and foremost when deciding for the community which you represent. And I appreciate you representing the community. I know it's not an easy job. Attorney Folmer: Thank you ma'am. Back through here. (applause by audience) And let's start in the back row in this section. And come forward. Yes ma'am. Linda Smith, 265 Merrill Creek Rd., Marathon, NY: My name is Linda Smith and I've lived and worked in the Cortland area for most of the last thirty-five years. But last August I got a job in Ithaca ... and I made a few observations that I think are relevant to the discussion tonight as well as this decision that you have to make ultimately about the zoning. As you well know, Ithaca has seen a huge increase in development along the Route 13 corridor over the last eight to ten years or so, from the Pyramid Mall all the way through Ithaca to the other side heading towards Elmira, mostly with malls and big box stores. The result of traffic that is going through Ithaca is absolutely horrendous. I have to drive down there every single day. Sometimes the traffic is backed up back to the stop light ... and we're going very, very slowly down ... congestion, accidents. I can't tell you how many accidents I've seen on Route 13 both coming out of the city and.... I work for Barbara Lifton, Assemblywoman Barbara Lifton, so we take phone calls from constituents all the time. We have received several phone calls and letters from constituents of Ithaca concerned about increased auto emissions in Ithaca, especially along that corridor, and how it affects their children's asthma as well as themselves if they have respiratory problems. As we know the number one cause for children visiting the emergency room is asthma as well as being the number one chronic illness for children. So I'm taking all those things that I'm thinking about well what's that gonna look like here on our Route 281 corridor. All the same things. Increased congestion, increased auto emissions, and increased visits for the hospital for children with asthma. Trucks are ... part of this. Diesel exhaust is considered a carcinogen. All those things on top of that it's much much closer in Cortland along our corridor.... So I would just ask you to ... of that and envision.... Thank you. Attorney Folmer: Thank you ma'am. Yes ma'am. (applause by audience) Hilary Penney, Syracuse, NY: My name is Hilary Penney and I would like to start out by thanking the Board for holding this hearing and giving our community an opportunity to voice our concerns. Though I currently live in Syracuse I attended SUNY Cortland for five years. During my time as a student I worked very closely with several community organizations to improve the quality of life in Cortland and I am currently involved with CAPE. I have very strong ties to this community and would hate to see the quality of our water jeopardized. I strongly urge the Board to conduct an independent environmental impact study concerning development in the B-3 zones, specifically the polo fields, in order to understand the true impact of large-scale development in these areas, I feel a study of this nature would reflect a more accurate and objective picture than plans written by potential developers who have an obvious bias. Thank you. Attorney Folmer: Thank you ma'am. (applause by audience) There's somebody in the back. You're it Garry. Garry VanGorder, Cortland County Chamber of Commerce, 37 Church St., Cortland, NY: Thank you. One Harmony Circle, Cortland, New York, and I also represent the Chamber of Commerce. We'll submit this for the record. 2-yq FEBRUARY 16, 2005 PUBLIC HEARING NO. 1 PAGE 10 Attorney Folmer: Thank you. Garry VanGorder: I will say that I think everyone appreciates the weight of the issue and we appreciate all of the work.... However, we urge you to take another very long look at the proposed lot coverage guidelines.... The need to consider aquifer protection in this process is critical and unquestioned, but we are not convinced that these green space requirements as proposed will be any more important to maintaining the quality of our groundwater than provisions set forth in the existing aquifer protection permit process for large-scale development in that area. At the same time, it is reasonable to believe that excessive green space requirements will stifle new development and commercial property investments, increase development sprawl, and negatively impact property values of parcels in the target zones. Indeed, as County Planning Director Dan Dineen points out.... (flip audio tape to side B) Reuben Ortenburg, Attorney representing Lowe's, 295 Woodcliff, Fairport, NY: (audio tape was not flipped timely to side B for the beginning of the comment) ... one size fits all essentially.... And I have copies for each member if you want that or I can just leave one of them. Attorney Folmer: They'll all like a copy. Reuben Ortenburg: Hi how are you. Attorney Folmer: I'm good thanks. Nice to see you. Reuben Ortenburg: Is that enough? Attorney Folmer: I think. Thank you. Mr. Renzi. Nick Renzi, 1149 Davinci Drive, Cortlandville, NY: Thanks John. My name is Nick Renzi, 1149 Davinci Drive, Cortland. I am a resident and taxpayer in the Town of Cortlandville. Although I am a member of the Cortlandville Planning Board my comments are as a concerned resident of Cortlandville. With all of the good intentions that went into the generation of the proposed Zoning Modification there are two critical and fatal flaws. First there is an absence of sensitivity for the water that is so important for the well being of the people in the Town of Cortlandville and the City of Cortland. Secondly the zoning proposal is lacking in completeness. With regard to the preservation of our water quality and the minimization of the threat to the aquifer via the recharge area, the zoning proposal misses the mark completely. The zoning proposal allows buildings having floor areas of one hundred thousand square feet. And with a conditional permit much much larger to be built over the aquifer. Buildings of these proportions and the required parking would result in the proposed B-3 district being mostly impervious surface. The resultant runoff would put the aquifer in jeopardy. During the evolution of the zoning modification proposal the original B-3 area was recommended to be at the south end of Cortlandville near the town line at Webb Road and Route 13. But with a three to two vote this recommendation was defeated at the Planning Board level. If the south end of the Town were to be designated as the B-3 district this would have been a win -win situation. This area would accommodate large commercial developments without threatening the aquifer. But with inconvenience in driving the one -mile down Route 13 as one of the reasons for rejection we ended up with the proposal being discussed here tonight. The work done by Clough Harbour in guiding the advisory board through the development of the land Use and Aquifer Protection Plan, which was published as a draft in June of 2002, produced three main objectives. These objectives were the proposed Zoning Modifications, the Wellhead Protection Plan and the creation of the Design Guide and Development Guidelines for all new non-residential developments. The goals of the Clough Harbour land use plan were presented as follows taken directly from that report. And I quote. One. Protecting the Otter Creek Aquifer for current residents and future generation in the Cortlandville area. Two. Encouraging desirable and compatible land uses in the study area consistent with aquifer protection and protection of other local resources. Three. Encouraging orderly growth and development, particularly along the NYS Route281/13 corridor by anticipating growth and identifying transportation and local infrastructure needs. And lastly, encouraging high quality design and development that enhances the appearance and function of the Route 281/13 corridor. That is a quote right out of the study. The results of this effort were as follows. The Design Guidelines became a reality and were released to the Cortlandville Code on August 6, 2003. The Wellhead Protection Plan was never 1 1 ZyS FEBRUARY 16, 2005 PUBLIC HEARING NO. 1 PAGE 11 released after considerable discussion with local plant managers and real estate people. As noted in the Cortland Standard of March 18t', 2004, quote, Cortlandville scraps proposed Wellhead Ordinance. So what we have tonight is one completed objective that being the Design Guidelines, one scrapped objective - the Wellhead Protection Plan and the Zoning Modification proposal under discussion tonight. The Clough Harbour Cortlandville Land Use and Aquifer Protection Plan contains frequent reference to the implementation of Planned Unit Developments in planning areas one and eight. Reference chapter four pages two and four. Nowhere was a review with recommended changes to the Cortlandville Code Article XI Section 178, which deals with PUDs ever made by Clough Harbour. The PUD section was a fine piece of work for its time having been generated over thirty years ago. Because of the looseness of the language in the PUD section of the Cortlandville Code it is currently being exploited to circumvent the zoning restrictions in the polo field area. In summary I urge the Town Board to reject the proposed Zoning Modification because the objectives and recommendations of the Land Use and Aquifer Protection Plan generated by Cortlandville under the guidance of the consulting engineering firm of Clough Harbour have not been achieved. The Zoning Modification proposal is incomplete. And lastly, the health, safety and well being of the people in this community have not been held as the highest priorities. Thank you. Attorney Folmer: Thanks Nick. (applause by audience) Yes ma'am. Mrs. Greer Holly Greer, 100 N. Main St., Cortland, NY: My name is Holly Greer. I live at 100 North Main Street in Cortland. I have a very brief statement that I'll read. I am dismayed to learn that the Cortlandville Town Board is considering a proposal which would allow development over the aquifer recharge area. A proposal that could promote flooding and increase the accident rate on the already dangerous Route 13 Cortlandville Crossing area. It seems to me we often take the short view of things. While the prospect of increased property and sales taxes is very inviting, the longer view of how such zoning changes might adversely impact our water supply, our community's attractiveness and our children's and our grandchildren's futures is often forgotten. I urge the Board to take a careful and long-range view before adopting any changes. Thank you. Attorney Folmer: Thank you Holly. (applause by audience) We'll start over here. Brendan McGovren, 44 Rickard St., Cortland, NY: My name is Brendan McGovren. I live at 44 Rickard Street and I'll be very brief. I believe it would be a disservice to our community to enable the proposed B-3 zone to allow more ... development over sensitive aquifer recharge areas. In a community that has suffered from pollution in the past, most notably in the former Smith Corona plant and at Rosen Brothers, I believe that we have an increased responsibility to protect our natural resources. I am newly married and my wife and I are working on starting a family, and I expect that this Board will act to protect the health and safety of my children and the community at large. Thank you. Attorney Folmer: Thank you sir. (applause by audience) Philip Walsh, PhD, McDonald Road, Cortlandville, NY: My name is Dr. Philip Walsh. I live on McDonald Road in Homer. I'm also newly married and I am starting a family and I am concerned about this community. I don't believe that the proposed zone changes reflect the original Land Use and Aquifer Protection Plan. I am puzzled by this given the fact that the Town spent thousands of dollars to hire consultants to advise it about ways to protect the aquifer. Is the Town following the advice it used our tax monies to pay for? On page four of chapter four of the Land Use Plan, the following comments were made by Clough Harbour, and for this area which includes the polo field. And I quote. The amount of impervious surfaces allowed by future development and redevelopment of the area should be limited to protect aquifer recharge. Clough Harbour also gave the following advice. Invest, quote, investigate possible zoning modifications to the current business district to make sure zoning is consistent with land use planning objectives and aquifer protection. Future land use in this area should undergo increased levels of scrutiny before development is allowed to occur to safeguard the aquifer and its recharge areas. Land use activities and operational activities may need to be more thoroughly regulated. End quote. I don't see how this zoning proposal reflects, quote, increased scrutiny, or more protective regulations. It will allow for business as usual, which is ad hoc, unplanned development that serves the interests of developers, landowners, and real estate agents. Not the interest of workers and the community at large. Thank you. Attorney Folmer: Thank you sir. (applause by audience) 2-4L FEBRUARY 16, 2005 PUBLIC HEARING NO. 1 PAGE 12 Richard Buttny, Virgil, NY: I'm Richard Buttny. I live in Virgil. And people have already said much better than I had written out, and we've talked about. But let me just bring up one point that hasn't been explicitly said. I am wondering if you being the decision makers, what level of risk are you willing to endure with this decision? Twenty percent? Ten percent? Because of the likelihood of the contamination of the aquifer, what a horrible thing that would be. And not only for you, you may be willing to take the risk, but what about your children, your grandchildren, or future residents. I really think we need to see the power of what could happen if this doesn't go according to plan. Especially with so many people that are with science or water engineers raise doubts about this that there is divided opinion on it. It seems like the majority of scientific thinkers and engineers raise the red flags about it. So I just leave you with this difficult decision and the risks that you need to think about in making your decision. Attorney Folmer: Thank you very much. (applause by audience) Sir. No, not you John. He's first. William Cleary, 1108 Madden Lane, Cortlandville, NY: I'll be short. I'm Bill Cleary and I live in Cortlandville, 1108 Madden Lane.... I own apiece of land between 281 Bowl and the Chrysler Plymouth dealership. A 1.6-acre piece. Basically, in a nut -shell, you want to take fifty percent of my land away from me. And if you do that, take that along with the fact that the highway is gonna come along and grab twenty, twenty-five feet of this property up and down the corridor, you're in essence gonna make that land unusable, undevelopable.... That's fine if you want to do that, just take my land through eminent domain. That's all I have to say okay. You don't want to know what I paid for it. All right. This land, I think we need to separate out the smaller lots. I think there's a handful of them, maybe fifteen or twenty smaller lots that go up and down the Route 281 corridor. And people like, you know, Dan McNeil has been paying taxes for thirty years on these parcels. We're a year or two away from getting these lots developed. He's coming though here and making all these taxes he's paid out eventually pay off. So, you know, we need to separate this out from the Lowe's, Wal-Mart issue because this small amount of land is like, you know, a stamp on a football field. That's the size we're talking about. And, you know, if it's so critical that we can't use it then we really shouldn't really be using any of it. And that really should be ... that's what I'm hearing out of these people. But be prepared to reach in your pocket and pay us our value. If you want to take our land, there are two sides to this issue. You just can't have it for free. Now if you want to take it away from us and say we can't use it, take it by eminent domain and pay us for it. Okay. That's all I have to say. Attorney Folmer: Thanks Bill. Now John. John Carroll, 481 Nye Road, Virgil, NY: To avoid neck strain I won't force you to go back that direction. My name is John Carroll. I live at 481 Nye Road in Virgil. Good evening members of the Board, fellow citizens. Now let me first say that there are several documents relating to the zoning issue here and I'd like to first take some notes from the design and development zoning Guidelines and then move on to some of the more contentious issues referring to the aquifer, and in particular the polo grounds area. Within the design and development zoning there is a comment regarding building orientation. The notes call for as follows. Building shall be oriented so as not to create undesirable views of side or rear portions of the building. Parking to the rear of the building shall be encouraged over parking areas between the front facade and other major roads. Now given this requirement, the buildings would logically have to front Route 13 with the parking behind them. Now doing that puts lots and lots of vehicles closer to Walden Place, and I would assume create more noise. Now, this is a radical change from the parking that we already are used to. Everybody drives off the street into a parking lot, goes to the store. This naturally, if you put the stores all up front and the parking to the rear, like second-class citizens we've got to come in the back end of the store. Signs. The signs in the B-3 area are restricted to eight feet in height. Now if you look at Cortlandville Crossings at the moment, one of the signs there is perhaps twenty to twenty-five feet and contains shared signage with Price Chopper, JC Penney, Tractor Supply. Now does that mean in the new guidelines that if one of the stores vacate they got to come down to eight feet, the new store operator. Doing so just puts more signs on the road. And I would contend that putting more signs on the road only creates situations for drivers to look at and cause confusion etcetera. So I think that you create a situation by creating more signage whether it's in front of the polo grounds area or in front of Cortland Crossings, you create unintentional safety issues. The next series of points which I wish to make come from the ... concerning the aquifer. One of the points made here tonight by several people is that we're gonna have more traffic, more 2 Ll FEBRUARY 16, 2005 PUBLIC HEARING NO. 1 PAGE 13 congestion, more pollution, etcetera. I am not sure if you're aware that in the last ten years Cortland County has, population has decreased one percent. The United States Census Bureau says that we're even gonna increase the same amount every ten years. So if we have a reduction in population where's all the congestion going to come from? Where's all the traffic going to come from? Logically, that doesn't make a lot of sense. (Audience interrupting speaker.) Attorney Folmer: With all due respect. There has not been anyone who has interrupted a speaker up until this point and I would ask that you provide this gentleman with the same decency and privilege that you all have had prior to this minute. John Carroll: Thank you John. The first point that I would make follows up on what Garry VanGorder said and I take it from Dan Dineen's report dated January 14th. And it's repetitious. As you know Dan Dineen is the Director of Planning of Cortland County Planning Board and a very respected individual in his profession. He states. Proposed minimal lot coverage in all districts appears to be overly restrictive. There are many areas in the proposed business and industrial districts that would be unbuildable given the existing size of some of those lots and the amount of open space that would be required due to the proposed minimum lot coverage. The Town should consider varying the maximum lot coverage permitted based on the lot coverage itself. Simply put, do we need a large land set aside to provide for aquifer recharge? Bare in mind that this thirty-three acre piece out here actually is less than one half of one percent of the total aquifer. Furthermore, only about a third of the aquifer recharge replenishment is from rain. And so I would submit to you that this area is not the critical recharge area that so many people would portray. Restricting building size to one hundred thousand square feet clearly targets any large company that wishes to build in our community and has little bearing on what is required to protect the aquifer. Enhancing green space. Unnecessary in its business opportunities in Cortlandville because land becomes too expensive. Finally, zoning to protect the aquifer may be accomplished by a variety of design, engineering and maintenance plans and large-scale retail users are better able to afford and manage such requirements. The State of New York has already set these guidelines and I would respectfully request this Board considers them as part of any zoning requirement. Thank you. Attorney Folmer: Thank you John. (applause by audience) Back through here. Yes sir. You're welcome. Scott Elston, County Legislator representing Virgil: Good evening. Scott Elston from Virgil. And, um, I think people realize there's biases on both sides here. So, um, it's been sort of torn on the pro -business side. Gentlemen thank you. I don't know when you were elected if you thought this was what you were going to get yourselves into. But please keep up the good work. It's a tough decision. It's a tough job. One of the biggest increase in auto emissions is the people that have to leave town. If you didn't have to drive to Ithaca for work how much better off would we be. And that's the problem. People have to leave this town for work. Things that I see in the zoning regulations is only going to increase that as we've heard. There's a price to everything. You will have to pay one way or the other. And I guarantee that everybody who wants to protect the aquifer, if you went out and checked your cars right now I bet you those emissions haven't been checked in a while, or there's gonna be a few leaky radiators or oil leaking out of the bottom of their car. So that starts at home too first. But why doesn't it, because there's a cost. Well when there's a cost, it's who's willing to pay. And by these proposed zoning regulations, the people that are gonna continue to pay are the businesses. And in the long term who pays? And that's the workers, and that's because they have to leave town. So please consider that. The comment on the zoning is fifty percent lot coverage is absolutely too restrictive in my opinion. And I hope that you take the time to revisit that. I don't believe that there's big signs out there that says that that type of lot coverage is gonna to give you the aquifer protection you're looking for. I am for clean groundwater but that is not the answer. There's definitely other answers for that and there's big signs to prove that. Forgive my voice. I've had a cold for the last couple weeks. And to point to that, you know go to our expert Dan Dineen. Read his recommendations. He's absolutely asking you not to have the restrictive lot coverage that's proposed for this zoning. The only other comment is on the aesthetic zoning. I mean I don't know how many people are here but read this document. Eight food signs and less are nice but when I look for a McDonald's I want to see the golden arches. When I look for Wendy's, you know I want to see the brick building. This document doesn't allow that. And I think more... What will happen is this hasn't been read and when it's enacted a year or two zy0 FEBRUARY 16, 2005 PUBLIC HEARING NO. 1 PAGE 14 years down the road you're gonna find the consequences of that. ... point to an example, I've traveled all over the country but I was in Rhode Island recently and was looking for a Wendy's, you know, big surprise right, and I couldn't find one and ended up at a Dunkin' Donuts because it was an existing use and had been here for a long time so I could tell what it was. I was like geez, is there a Wendy's in this town? The guy points across the street. There it was. But it looked like somebody's house. You know, and that's ... I don't find that aesthetically pleasing either. And I don't think that's the answer. So be real careful with the aesthetics zoning. Attorney Folmer: Thank you Scott. (applause by audience) Yes sir. Ralph Silverman, 3661 Winkle Way, Cortlandville, NY: My name is Ralph Silverman. I live at 3661 Winkle Way in Cortlandville. I've lived in Cortland since 1953. In 1946 I came back from San Salvador and drove through Mexico up to New York City where my parents were living at the time. When I crossed the border at ... I asked somebody, where can I get a drink a water? He said any faucet is potable in the United States. That is not true today. And where are we headed? And where are we headed? We have to be careful that we have more restriction to enhance the quality of life as Bob said, Bob Rhodes. More restriction, not less restriction. More restriction on the environment. I had hoped that when I pass my ashes would go over the Tully Valley, over the Indian Reservation, and I wonder about that today. I wonder about that today. I love Cortland. I live here. I intend to live here as long as I can and I hope that I can go to my faucet and drink water without compunction. Thank you. Attorney Folmer: Thank you sir. (applause by audience) Yes sir. Gene Barker, Village of McGraw: Gene Barker, Village of McGraw. Resident, taxpayer Town of Cortlandville for well over fifty-five ... late forties. Also employed in the area for well over thirty-five years. I worked for Wilson Sporting Goods, Rubbermaid, well over thirty years there. What I'm saying is encouraging this Board to do what is best for the residents of the Town of Cortlandville and the County of Cortland. Am I concerned about the aquifer, absolutely I am. However I feel that today's engineering etcetera . . . that aquifer can be adequately protected. I don't know. The restrictions that have been placed on businesses moving into this area I feel are very restrictive. And we don't need anymore restrictions on business moving into the Town of Cortlandville, Cortland County, Central New York, Upstate New York. I heard the news tonight that there is supposed to be some ... plan to revitalize Upstate New York. I'll believe it when I see it. But, we've lost a lot of business and we've lost a lot of industry in this area in the past twenty-five or thirty years.... We're not gonna get big industry or big business or big manufacturing moving into this area. They're not even going to stay in the United States. Our politicians aren't capable of keeping them here. There's evidence with the last big one that moved out of Central New York to my knowledge is Carrier. They were threatened with this, that, and the other thing if they moved. They just spun their nose at everybody and they left. So what I'm trying to say is that yeah we've got to protect the aquifer, but we also got to keep in mind the overall prosperity of this area and do it as best to encourage business, industry to move into this county. That's been a background for Cortland County for many many years as many of you know. Thank you. Attorney Folmer: Thank you Gene. (applause by audience) Ron. Ronald Powell, 24 Melvin Ave., Cortland, NY: Good evening gentlemen and.... Attorney Folmer: Thank you. (laughter in audience) Ronald Powell: Thanks for having us. I spent all afternoon wrestling with this statement that I'm gonna read.... 'I'll submit it for the record ... I will read a letter that I wrote in addition plus a letter that was given to me by one of my neighbors. I live at 24 Melvin Avenue in the City of Cortland. My name is Ron Powell. Dear Board Members. I am writing to express my opposition to big -box commercial development above sensitive aquifer protection areas in the Town of Cortlandville. The uncertain promise of short-term economic gain resulting from such large-scale development is more than offset by the potential for contamination of the sole drinking water supply for the majority of Cortland County residents. I believe the surest way to protect this vital resource is to prohibit all but the least intrusive development. Assurances that high-tech engineering solutions can solve the problems of stormwater management and groundwater recharge are at best merely educated guesses. In addition, the Route 13/281 corridor already suffers from an overabundance of traffic, noise and congestion. Further development of this area can only exacerbate these problems leading to diminished property 249 FEBRUARY 16, 2005 PUBLIC HEARING NO. 1 PAGE 15 values for residential neighborhoods and an overall decline in the quality of life in our community. In business zone three, which is largely congruent with wellhead protection zones lA and 1B, I urge the Town Board to reject any zoning modifications or conditional or special permit provisions that allow big -box construction in excess of 100,000 square feet, and or more than fifty percent lot coverage by buildings, parking areas or other impervious surfaces. I also urge the Board to be wary of efforts by developers to use devices such as Planned Unit Developments to make an end run around the intent of zoning regulations in these sensitive areas. Thank you for your consideration. Sincerely. This is from my neighbor, neighbors. Dear members of the Board. As homeowners with two young children and a strong commitment to Cortland's future we are extremely disappointed with the zoning modifications proposed for the B-3 district. After previously living in a city, which would Minneapolis, where the municipal water supply reeked of rotten vegetation much of the year and at times even had to be boiled before drinking, quality of drinking water was a chief consideration in relocating to Cortland. Our experience taught us firsthand that a community's protection of its water supply is crucial. We were pleased with the Town's careful study of how to best protect the aquifer recharge area. Yet, it appears that the current zoning proposal ignores the advice for which we've spent significant time and money. Does the current proposal truly reflect the increased scrutiny suggested by Clough Harbour? Does the current proposal show real consideration of Dr. Jim Bugh's concerns? We urge the Board to reject the current proposal. Please eliminate the possibility that conditional permits may be granted with regard to lot coverage, building size, ' and automotive service operations. Such indefinite and changeable restrictions risk aquifer protection and stormwater management. Sincerely yours, Susan and Scott Maybury. I'll all of this stuff. Thank you very much. Attorney Folmer: Thank you Ron. (applause by audience) Cliff Kostuk, 12 Cedar St., Cortland, NY: My name is Cliff Kostuk. I live at 12 Cedar Street in Cortland and I would like to speak about Wal-Mart. And I'll start off first by saying that .. . Attorney Folmer: I beg your pardon sir. You want to speak about what? Cliff Kostuk: Uh, the big -box store. Attorney Folmer: Nice try. Supervisor Thorpe: Nice try. Attorney Folmer: Nice try. Nice try. Bill. Bill Pauldine, 1259 Bell Dr., Cortlandville, NY: I live at 1259 Bell Drive, Town of Cortlandville. I'm Bill Pauldine, Testa-Calco Real Estate. 'I am the realtor representing certain property owners in this particular corridor on Route 281. A lot of us ... know and will agree that the people involved in this strip are between a rock and a hard place from the standpoint of the decreasing value of their property. What with the huge SUNY parking lot to their immediate north, college buildings right in their backyard, hotel/motel right across the street. You have no place to go. ... to market these properties best suited for all concerned on the premise that the pending zoning change would assure these owners a fair market value commensurate with their investment cost. We have sought out various types of business that we believe would benefit the situation. And we've taken calls from interested individuals that we also believe would enter a negotiation. Unfortunately, all these efforts cannot be pursued until the zoning recommendations are adopted. And I fear that continued delays could risk losing any of these potential prospects. I'm here tonight to ask the Board to give serious consideration to make the necessary zoning changes for these five plus acres without having to depend on or wait for other aspects of this corridor. So that all could see this particular strip in relation to other sections, I submit this aerial photo. Councilman Rocco: Bill could you describe once again. I don't think everyone knows where those houses are. Maybe I'm wrong. Right across from the new hotel. Bill Pauldine: Right across from the new Country Inn and Suites. Councilman Rocco: And right behind the college playing fields. Bill Pauldine: Correct. 250 FEBRUARY 16, 2005 PUBLIC HEARING NO. 1 PAGE 16 Councilman Rocco: ... five houses on that. Bill Pauldine: And a huge parking lot. Councilman Rocco: Right across from Gunzenhauser's yellow barn, which is there in my mind but gone. Attorney Folmer: Thank you Bill. I'm not seeing any more hands waving in the air, except for a clarinet player I know. (laughter in audience) If you're too long I'll make us play ... next Thursday and you won't like that. Nick Pauldine, 3746 Route 281, Cortlandville, NY: My name is Nick Pauldine. I live at 3746 West Road. I'm his much younger brother. And, um, part of the property that he is referring to is mine. And I would ask the Board to take a couple of things into consideration. One, it's an absolute that 281, that four mile stretch, is going to widened whether we want it or not. And there is no guarantee that what the state does is going to be beneficial to the aquifer. There's no guarantee that it won't be. Just as there is no guarantee either way no matter what happens in the zoning process to the aquifer. I don't know that much about the engineering aspect. I do know this. Fifty years ago when I first moved out there ... an accident would generally involve a car bumping one of Gunzenhauser's cows. And that was the most serious thing. Yep, we've had a lot more serious things happen since. I am not happy about the widening of the road. That's beyond my, you know, control. I'm gonna have to live with it. They're gonna take twenty feet of my property, twenty feet of all of it on either side. That's my understanding. Now you're going to have anywhere from three to four lanes zipping down there. And if you think we've got problems now, it's going to be worse. I guess ... like my brother said, I'm looking to protect my investment. I'm asking the Board to adopt the zoning recommendation of Clough Harbour. I'm asking also that you possibly might consider doing it piecemeal. Must you take the whole thing? The big -box thing on the South Cortland end along with all the others up and down the line. Mr. Cleary brought out a good point there too. More is at risk than just, god -forbid the name Wal-Mart. In closing I would just like to say, I think it was Winston Churchill in referring to democracy, said it is slow, it is corrupt, it is inefficient, but it's the best we've got. And believe me. What I've seen here tonight is democracy in action. You're all to be commended. (applause by audience) Attorney Folmer: Yes. Barbara Pauldine, 3746 Route 281, Cortlandville, NY: I'm Barbara Pauldine. I live with him and I'm related to him. Attorney Folmer: You have crosses to bear. Barbara Pauldine: ... and he practices even. Attorney Folmer: Oh Lord. Oh Lord. Barbara Pauldine: I just want to do a little twist on what both of them have said. Forty-five years ago, or whenever it was when their mom built our house and previously the house next door to us, no one could have envisioned seventeen thousand cars a days going by our front yard. Councilman Rocco: Twenty-five thousand. Barbara Pauldine: Twenty-five thousand now? Oh, I'm out of date. But my point is, that the things we're talking about now are going affect other families in the future the way we've been affected totally out of the realm of our consciousness years and years and years ago. We feel like we're kinda being held hostage right now. No young family as we were is going to come in there with twenty-five thousand cars a day going by our front yard. And yet it's not valuable as a residence. We can't yet sell it as business property because the zoning has been taking more and more time to do. I commend you all for the very thorough study you've been doing. But I would urge you that it's time either to make a decision based on all of these very intelligent, well -researched comments you've heard tonight and for the last year. Or to find a way to help us to move on with our lives. We're a little postage stamp in that big football field, that we just are stuck there. We can't do any thing. So we'd urge you to consider that in your deliberations. Thank you. FEBRUARY 16, 2005 PUBLIC HEARING NO. 1 PAGE 17 z.sl 1 1 1 Attorney Folmer: Mr. Thorpe I'm gonna suggest ... (applause by audience) I'm gonna suggest that you ask somebody to make a motion to close this public hearing but I want to say this. He has saddled me with the idea of chairing these meetings on at least two if not three occasions. And I agree with Nick. If this isn't democracy in action, one, I don't know what is. And secondly I should commend all of you and all of those people who have attended these earlier meetings. For an issue that is extremely emotional, one that causes everybody a great deal of inner toil, everybody in this room and in the rooms before, has acted in the highest degree of decorum that I can imagine. And if you shouldn't be congratulated I don't know who should. Mr. Thorpe. (applause by audience) Supervisor Thorpe: Now you see why I asked him to chair. (laughter by audience) Can I have a motion to ... Councilman Rocco: So moved. Councilman Testa: Second. Attorney Folmer: To close the public hearing. Supervisor Thorpe: The whole thing. Councilman Testa, Councilman O'Donnell, Councilman Rocco, Councilman Pilato: Aye. Supervisor Thorpe: Carried. Thanks The Public Hearing was closed at 8:30 p.m. Respectfully submitted, Karen Q. Snyder Town Clerk Town of Cortlandville FEBRUARY 16, 2005 PUBLIC HEARING NO. 1 PAGE 18 The following correspondence was submitted as part of the record by speakers at the public hearing: 1) Andrea Rankin, 7 Broadway, Cortland, NY 2) Grace Meddaugh, 1128 Old Stage Road, Homer, NY 3) Jamie Dangler, 1103 Wolf Road, Homer, NY 4) Richanna Patrick, 23 Atkins Ave., Cortland, NY 5) Robert Rhodes, 1 Floral Ave., Cortland, NY 6) Bob Martin, 1142B The Park, Cortlandville, NY 7) Chris Cirmo, 4000 Forest Dr., Cortlandville, NY 8) Jim Mulherin, 3262 Coventry Lane, Cortlandville, NY 9) Colleen Kattau, 16 James St., Cortland, NY 10) Linda Smith, 265 Merrill Creek Rd., Marathon, NY 11) Hilary Penney, Syracuse, NY 12) Garry VanGorder, Chamber of Commerce, 37 Church St., Cortland, NY 13) Jonathan Babcock, Senior Engineer, and Jeffrey E. Loney, Vice President, Haley & Aldrich of New York 14) Nick Renzi, 1149 Davinci Drive, Cortlandville, NY 15) Holly Greer, 100 N. Main St., Cortland, NY 16) Philip Walsh, Ph.D., McDonald Road, Homer, NY 17) Richard Buttny, Virgil, NY 18) Ronald B. Powell, 24 Melvin Ave., Cortland, NY 19) Susan and B. Scott Mayberry, 20 Melvin Ave., Cortland, NY The following correspondence was submitted as part of the record by non -speakers: 1) Michael Chernago, General Manager for S.C.W.P., LLC dba Indacom Place 2) Lydia M. Ferro, 710 McLean Rd., Cortland, NY 3) James S. Ferro, 710 McLean Rd., Cortland, NY 4) Russell White, 737 McLean Rd., Cortland, NY 5) Anna -Mae Artim, 714 McLean Rd., Cortland, NY 6) Herbert H. Haines, 12 Hannum Ave., Homer, NY 7) Gloria Taylor, 731 Bowling Green, Cortland, NY 8) Ron Powell, 24 Melvin Ave., Cortland, NY 9) Thomas Pasquarello, 734 Sleepy Hollow, Cortland, NY 10) Arthur B. and Patricia T. Shedd, 437 Surrey Dr., Cortland, NY 11) Mr. and Mrs. Horace E. Hill, Apartment #25, 839 Bennie Rd, Cortland, NY 12) Arnold Talentino, 38 Van Hoesen St., Cortland, NY 13) Ruth Grunberg, 70 '/z Elm St., Cortland, NY 14) Catherine D. Smith, 41 Morningside Dr., Cortland, NY 15) Palma M. Ward, 11 James St., Cortland, NY 16) Russell E. Ruthig, Esq., 36 Main St., Cortland, NY 1