HomeMy WebLinkAbout03-02-2005MARCH 02, 2005
7:00 P.M.
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PUBLIC HEARING NO. 1
COMMUNITY DEVELOPMENT BLOCK GRANT — 2005
BLODGETT MILLS AREA
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 the Community Development Block
Grant application for the Blodgett Mills area.
Members present:
Absent:
Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Town Clerk, Karen Q. Snyder
Councilman, John Pilato
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Planning
Board member, Nick Renzi; Ann Hotchkin of Thoma Development Consultants; Betsy Brewer and
Ray Dunnigan from the Cortland County SPCA; Todd Markevicz from ADP Engineering; Eric
Barden, Doug Wilcox, and Jeanne Boodley from Barden Homes; Peter Griswold; Elizabeth
Ambrose; Tom Michales, City of Cortland 8t' Ward; and News Reporter Patrick Ruppe from 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 Ann Hotchkin.
Ann Hotchkin of Thoma Development Consultants presented the Board with the budget
for the CDBG, which was not different than the two prior applications. She also mentioned that
she sent the Board a memo regarding the Owner -Occupied Rehabilitation Program and the
Income Property Rehabilitation Program. She explained that Income Program is a "better deal"
for the program participant. The only thing the Town would have to agree to is that the Highway
Department would do the sidewalks.
Mrs. Hotchkin reminded the Board that the Director from the Governor's Office for
Small Cities met with Thoma Development in October 2004 and visited Blodgett Mills.
Although the Town has been turned down two times for a grant for the Blodgett Mills area, Mrs.
Hotchkin was optimistic that funding would be granted. The applications submitted for grants
are quite competitive.
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 7:05 p.m.
z.54
MARCH 02, 2005
7:05 P.M.
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:
Absent:
Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Town Clerk, Karen Q. Snyder
Councilman, John Pilato
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Planning
Board member, Nick Renzi; Ann Hotchkin of Thoma Development Consultants; Betsy Brewer
and Ray Dunnigan from the Cortland County SPCA; Todd Markevicz from ADP Engineering;
Eric Barden, Doug Wilcox, and Jeanne Boodley from Barden Homes; Peter Griswold; Elizabeth
Ambrose; Tom Michales, City of Cortland 8th Ward; and News Reporter Patrick Ruppe from the
Cortland Standard.
Supervisor Thorpe called the meeting to order and immediately introduced item H-8,
regarding the Zoning Board of Appeals recommendation that the Town's Zoning Law be
amended to increase the 30' height limit of residences to 34' and, on lots of one or more acres,
the height restriction be increased to 40'.
Councilman Rocco stated the increase in height was quite reasonable as other
communities have height restrictions of 35' or no restrictions at all. He stated if it were a t/4-acre
lot he would be concerned that there be height restrictions. The lot in question is an acre lot, and
another four feet would not block the sun. Councilman Rocco stated the Town must move "into
the new century" and go with building standards that have changed.
Councilman Rocco felt that by increasing the height restriction it would free up time for
the Zoning Board to take up other matters, as well as provide the builders an opportunity to
spend more time building and less time dealing with government. Councilman Rocco
recommended the Board increase the height to 34'. Anything over 34' would require a variance.
Councilman Rocco stated he did not plan on attending tonight's meeting due to a prior
obligation, but felt that the issue was important. He reiterated that if the lot size was a 1/4-acre or
less he would be concerned with height. However if the lot size was an acre or more the height
should be increased. He also mentioned that seven variances were granted in the past few years
for height greater than allowed. Councilman Rocco stated they ought to let builders construct
what is being requested — "not everybody wants a ranch."
Attorney Folmer reminded the Board they requested the Zoning Board of Appeals and
the Planning Board give an opinion with regard to the height restrictions. The Board did not
want to amend the Zoning Ordinance without ensuring that the Zoning Board and Planning
Board, who have to work with the ordinance, wanted the height amended.
Attorney Folmer apprised the Board the Zoning Board of Appeals made a
recommendation to the Board. The Planning Board engaged in a significant discussion of the
subject at their last meeting (March 1, 2005) and made no specific recommendation. There are
several points of view that need to be considered. He stated it was interesting that the Zoning
Board was comfortable dealing with height variances on case -by -case basis. Their problem is
that they cannot grant a variance because of the "self-imposed hardship rule."
According to Attorney Folmer, the Planning Board suggested that member Renzi and
himself work together to come up with a method that could be suggested to the Board. If the
Board wished to pursue an amendment regarding height, Attorney Folmer would proceed to
propose a method by which the Board could amend the Zoning Ordinance to increase height over
the next two weeks.
Councilman Rocco stated he was concerned about more delays, and stated the Board
requested the Zoning Board make a recommendation regarding height.
Attorney Folmer corrected Councilman Rocco, and stated the Board asked the Zoning
Board to give an opinion as to whether or not they thought it was appropriate to amend the
ordinance with regard to height. The Zoning Board suggested it was appropriate, and suggested
a way to do it. However, one of the Zoning Board members was not comfortable with amending
the ordinance. Attorney Folmer offered the Board examples of what would be considered
inappropriate construction of a 40' house on a 1-acre lot, including areas such as Lamont Circle
and Bell Drive.
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MARCH 02, 2005 TOWN BOARD MEETING PAGE 2
Councilman Rocco thought the Zoning Board's recommendation was to increase the
height limit to 34', and that any construction higher than 34' would require a variance.
Councilman Rocco questioned whether he misinterpreted the recommendation.
Attorney Folmer apprised the Board the recommendation was to increase the height limit
to 34' for residences on a lot less than an acre, and increase the height to 40' for residences on an
acre lot. No variance would be required — it would be an absolute. If the Zoning Board's
recommendation was adopted, a 40' house could be built on any one -acre lot.
Supervisor Thorpe stated the Planning Board should be involved in the decision, and
stated the Board should wait until the next meeting to allow Attorney Folmer and Mr. Renzi to
work on the issue.
Attorney Folmer reminded the Board that any change would have to be done by means of
an amendment to the Zoning Law. The amendment, no matter what the subject matter, must be
submitted to the County Planning Board under the General Municipal Law. Prior to enactment,
the Board is required to hold a public hearing to allow the public an opportunity to express their
opinion.
Councilman Rocco made a motion that the zoning law be changed, and stated that the
Town Board should "stop studying things to death." He questioned how Mr. Renzi became
involved with regard to deciding the height of anything.
Attorney Folmer stated the Board could make a decision tonight.
Councilman Testa stated he wanted to know what the builders thought.
Attorney Folmer stated they were in receipt of four letters from builders who all
requested the height be changed. Attorney Folmer stated he was not suggesting that the height
not be changed. However, an ordinance must first be drafted in order to make a change.
Supervisor Thorpe stated a public hearing must also be held, therefore no action would be
taken on this item.
Councilman Rocco made a motion to adopt the recommendation of the Zoning Board of
Appeals to amend the Town Zoning Law to increase the 30' height limit of residences to 34' and,
on lots of one or more acres, the height restriction be increased to 40'.
RESOLUTION #54 ADOPT HEIGHT RECOMMENDATION FROM THE TOWN
ZONING BOARD OF APPEALS
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: Councilman Rocco
Aye
Councilman Testa
Aye
Councilman O'Donnell
No
Councilman Pilato
Absent
Eric Barden, owner of Barden & Robeson Corporation, better known as Barden Homes,
requested privilege of the floor to discuss why builders were asking the Town to increase the
height restrictions.
He apprised the Board that in 1967 Barden & Roberson Corp. moved into the community
from Middleport, NY and bought a "dilapidated plant" in Homer. One of the reasons Barden &
Robeson, which was established in 1909, has been so successful is because of flexibility, and the
flexibility in being able to provide products for what the customer is demanding today.
When the facility was first brought to the community, customers were looking for 2-story
colonial houses, ranches, houses with four and five -twelve pitched roofs. The standard
specifications were 2x8 floor joists, 7' 8 '/2" ceiling heights. One of the reasons the company has
been successful is because it can adapt to what the market is asking for. Over the past six years,
and out of the Homer facility, the business has grown 130%, which pushed the company to
invest $4.5 million into the community and into a new facility in order to handle the growth. Mr.
Barden apprised the Board that one of the things the customers are demanding from them is: 9'
to 10' ceilings, 2x 12 floor j oists, and 12x 12 roof pitches. All of the demands push the height of
the homes higher and higher. Such demand can be seen throughout New York and throughout
New England. Mr. Barden apprised the Board his company does business in twenty different
states.
Mr. Barden apprised the Board that Barden & Robeson Corp. invested in the Walden
Oaks Subdivision, which in his opinion is one of the "nicest community neighborhood that we
have in Cortland County." A new phase of the subdivision was opened up a year and a half ago.
The homes being demanded in the subdivision will always exceed the 30' height restriction due
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MARCH 02, 2005 TOWN BOARD MEETING PAGE 3
to the caliber of the homes and the price of the homes. The same holds true for the lots they own
in the Renaissance Development.
Mr. Barden explained that his company is in a time crunch, and mentioned that once the
snow clears foundations can be put in. The construction of one house in the Renaissance
Development has been held up for months due to a variance request.
Councilman Rocco questioned where the house was located in the Renaissance
Development.
Mr. Barden explained the lot is on Davinci Drive, across from Madden Lane, and next to
Dr. Lopez's house.
Councilman Rocco questioned whether the lot was near Mr. Renzi's house.
Mr. Barden stated it was near Mr. Renzi's house.
Attorney Folmer interjected and apprised those in attendance that the height restriction
would be lifted, however it was a question of what the methodology was. He apprised
Councilman Rocco that he would have a draft ordinance at the next meeting at which point the
Board could forward the proposal to the County Planning Board. Once the County makes its
recommendations, a public hearing could be held. He reiterated that nothing could be done
about the delay.
Supervisor Thorpe offered privilege of the floor to Elizabeth Ambrose.
Elizabeth Ambrose addressed the methodology the Board is using to determine any
change in height. She requested the Board use their engineering firm, Clough Harbour &
Associates, to assist with any decision making as opposed to Mr. Renzi.
Attorney Folmer apprised Mrs. Ambrose that he spoke with Clough Harbour &
Associates regarding the issue earlier today. Mr. Renzi would not be making a decision.
Supervisor Thorpe stated Mr. Renzi was acting as the "messenger" from the Planning
Board.
Councilman Rocco thanked Supervisor Thorpe for moving the discussion on height
requirements to the beginning of the meeting. At this point Councilman Rocco left the meeting
due to a prior engagement.
RESOLUTION #55 AUTHORIZE PAYMENT OF VOUCHERS — MARCH
Motion by Councilman O'Donnell
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
Vouchers #113 - 139
$
83,880.77
General Fund B
B14 - B30
$
14,783.84
Highway Fund DB
D69 - D80
$
27,460.05
Water Fund
W36 - W45
$
6,625.56
Sewer Fund
S18 - S22
$121,968.46
Trust & Agency
T2 - T2
$
33,785.08
Capital Projects
H7 - H12
$
1,087.78
Supervisor Thorpe offered privilege of the floor to Ray Dunnigan.
Ray Dunnigan, a volunteer for the Cortland County SPCA, and former President of the
Board, introduced staff member, Betsy Brewer. Ms. Brewer is trying to coordinate and establish
a spay/neuter clinic at the SPCA to reduce the pet population problem in Cortland County. Since
1999 the SPCA has made an extensive effort to have spay/neuter clinics. Mr. Dunnigan
explained the history of the clinics and the different clinics used, including most recently the use
of the municipal building (old Cortlandville fire station) located on Route 281.
Ms. Brewer apprised the Board the SPCA conducts spay/neuter clinics every other
Thursday at the old fire station, in which approximately twenty-five animals are spayed/neutered.
After the new clinic is constructed at the SPCA the clinics would be held once a week. She
thanked the Board for their support with the project, and for allowing the SPCA use of the old
fire station to conduct the clinics.
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Mr. Dunnigan apprised the Board the SPCA is doing fundraising to keep the project and
the shelter afloat. The SPCA is continuing its "Bright Lights" festival into March. He explained
the floor plan of the spay/neuter clinic and the benefits of the project. He stated he wanted to
inform the Board of the progress made, but also stated that the SPCA is in need of help from the
community in the form of donations and volunteers in order to successfully finish the project.
He provided members of the Board with a list of materials needed to insulate and frame the
interior walls and ceiling areas for the project.
Supervisor Thorpe offered privilege of the floor to Nick Renzi.
Planning Board Member, Nick Renzi apprised the Board there were a few items he
wished to discuss.
First, he informed the Board that in the last seven years 185 building permits were issued.
Nine variance requests were made. Of the nine requested, seven were granted and the two
denied were made by Dr. Ambrose. He apprised the Board the house planned to be constructed
on Davinci Drive by Barden Homes is between Dr. Lopez's house and the Barnard's. Mr. Renzi
commented that just as he rejected Dr. Ambrose's request, and rather than be a hypocrite, he
made himself consistent with the request made by Barden Homes.
Mr. Renzi apprised the Board that Barden Homes presented a memo stating there are 165
designs in their catalog; 155 of which are less than 30'. He stated he did not see why Barden
Homes did not choose one of the 155 houses under 30' to construct as a spec house on the
Davinci Drive lot. Mr. Renzi stated the Board should take advantage of the talent that is
available to them.
Mr. Renzi also stated the comments made by Councilman Rocco and Mrs. Ambrose were
out of line.
Secondly, Mr. Renzi apprised the Board he left an article with Town Clerk Snyder
regarding a big box ordinance, from the New York State Planning Federation.
Another item Mr. Renzi brought to .the Board's attention was regarding the business
district design specifications. On July 27, 2004 the Planning Board made its recommendation to
the Town Board that the design specifications be processed with the proposed zoning
modifications (Resolution #107 of 2004). For good reasons, the Town Board elected to hold that
up until the zoning modification proposal is complete. Mr. Renzi felt the two could be done
concurrently.
Mr. Renzi apprised the Board there is an application by Kinney Drugs to put a "stand-
alone" drug store in the old Ames parking lot; Dunkin' Donuts is in the process of purchasing
property near the intersection of Route281/Route 13; and a landscaper would like to construct a
business on Luker Road. Mr. Renzi stated the design specifications would be a tool to help the
Town, and would not hinder development.
Attorney Folmer apprised the Board he spoke with James Trasher at Clough, Harbour &
Associates regarding the design specifications. He was going to recommend the Board adopt by
resolution the design specifications as a planning policy to make it effective right now. Mr.
Trasher confirmed there is a precedent for using the design specifications as a policy and a
guideline as opposed to part of an ordinance for a variety of reasons: flexibility to the Planning
Board as they use it; flexibility to change it without amending an ordinance. Attorney Folmer
stated he would ask the Board to consider adopting the design specifications at the March 16tn,
2005 meeting.
Mr. Renzi requested Attorney Folmer bring him up to date regarding the Town's
ordinance on PUDs.
Attorney Folmer stated he spoke with Mr. Trasher about the Town's PUD ordinance as
well. Mr. Trasher indicated that since the Town's ordinance on PUDs was adopted, there have
been statutory changes at the state level, which must be updated. Language must be added to the
local statute. Mr. Trasher would prepare the info for Attorney Folmer's review, in order for
Attorney Folmer to prepare a document for the Board's review.
Finally, Mr. Renzi reverted back to discussion on changing height requirements in the
Town. He commented that there is some confusion on how height is measured which needs to
be straightened out. He explained that many communities measure height by the midpoint of the
slope of the roof. If the method was changed by which height was measured, builders would be
more relaxed.
Attorney Folmer reminded the Board he would draft an ordinance to increase height
requirements and present it to the Board at the next meeting.
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TOWN BOARD MEETING
PAGE 5
Monthly reports for the Supervisor for the month of January 2005, and for the Town
Clerk and Tax Collector for the month of February 2005, were on the table for review and are
filed in the Town Clerk's office.
RESOLUTION #56 AUTHORIZE SUPERVISOR TO SIGN APPLICATION TO
NEW YORK STATE FOR FUNDING UNDER THE FEDERAL
SMALL CITIES COMMUNITY DEVELOPMENT PROGRAM
FOR THE BLODGETT MILLS AREA
Motion By Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, the Town Board of the Town of Cortlandville requested from Thoma Development
Consultants assistance in regards to the Blodgett Mills area for the rehabilitation of housing for
that area, and
WHEREAS, Public Hearings were duly held on December 1, 2004 and March 2, 2005 by this
Town Board, and
WHEREAS, the Town Board believes it would be in the best interest of the Town to make
application to the State for grant monies to assist the Blodgett Mills area, therefore
BE IT RESOLVED, the Supervisor is hereby authorized and directed to file an application to
New York State for funding under the federal Small Cities Community Development Program in
an amount not to exceed $400,000, and it is further
RESOLVED, the Supervisor is hereby authorized and directed to sign said application on behalf
of the Town, and upon approval of said request to enter into and execute a project agreement
with the State for such financial assistance to this Town.
Town Clerk Snyder apprised the Board she received .correspondence from Michael
Timmerman and Tammy Timmerman regarding their intent to renew their 2-year liquor license for
Willowbrook Golf Club, Inc.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file
correspondence from Michael Timmerman and Tammy Timmerman regarding their intent to renew
their 2-year liquor license for Willowbrook Golf Club, Inc., property located at 3267 NYS Route
215. All voting aye, the motion was carried.
Attorney Folmer reported:
Renewal of the Town's Bond Anticipation Note:
Attorney Folmer apprised the Board the Bond Anticipation Note for the Municipal
Garage is up for renewal on Friday, March 4, 2005 in the amount of $425,000. The Town would
pay $50,000 on the principal as well as the outstanding interest of $5,600 +/-. The BAN would
be renewed with Tompkins Trust Company at a rate of 2.65%. Attorney Folmer requested the
Board adopt a resolution authorizing the Supervisor and the Town Clerk to execute the
appropriate documents for the renewal.
RESOLUTION #57 AUTHORIZE SUPERVISOR AND TOWN CLERK TO SIGN
BOND ANTICIPATION NOTE RENEWAL WITH TOMPKINS
TRUST COMPANY IN THE AMOUNT OF $425,000
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, a Bond Anticipation Note (BAN) for the Municipal Building is due to expire on
March 4, 2005 and must be renewed, and
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MARCH 02, 2005 TOWN BOARD MEETING PAGE 6
WHEREAS, the Board determined it would renew the BAN in the amount of $425,000 with
Tompkins Trust Company of Cortland, New York which is the bank that holds the original note,
therefore
BE IT RESOLVED, the Board . does hereby authorize and direct the Town Clerk and the
Supervisor to sign and renew the BAN for the Municipal Garage with Tompkins Trust Company
in the amount of $425,000, with an interest rate of 2.65%.
Emory Knight Junkyard:
Councilman O'Donnell questioned whether Attorney Folmer read the article in the
Cortland Standard regarding the contamination of Emory Knight's property on Ridge Road.
Attorney Folmer stated it was his understanding, after reading the article, that the
problem was not with Mr. Knight, but instead with the company who removed the goods from
the land. Attorney Folmer did not believe the Town would be involved in the situation.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file the following correspondence regarding the proposed Zoning Modifications: a) Palma Ward,
11 James St., Cortland; b) Sharon Stevens, 29 Hamlin St., Cortland; c) Patricia and Ed Triana,
795 N. Lamont Circle, Cortland; and d) Mechthild Hagel, 12 Frederick Ave., Cortland. All
voting aye, the motion was carried.
Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and
file the following correspondence regarding the proposed Super Wal-Mart: a) Mr. and Mrs.
Horace E. Hill, 839 Bennie Road, Cortland; and b) Mr. Leonard Cohen, 45 N. Main St., Homer.
All voting aye, the motion was carried.
RESOLUTION #58 REFER AQUIFER PROTECTION PERMIT APPLICATION OF
SUIT-KOTE CORPORATION TO THE TOWN AND COUNTY
PLANNING BOARDS FOR THEIR REVIEW AND
RECOMMENDATIONS
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE APPROVED
BE IT RESOLVED, the Aquifer Protection Permit application submitted by Suit-Kote
Corporation for property located off of US Route 11, tax map #87.00-03-16.122, shall be
referred to the Town and County Planning Boards for their review and recommendations.
Attorney Folmer apprised the Board they received a letter from O'Brien & Gere
indicating that the IDA wants to be Lead Agency for SEQR purposes with regard to the Build
Now NY project. The Town Highway Department and Water & Sewer Department received the
same notification. There is a thirty -day period to respond to the request made by O'Brien &
Gere. Attorney Folmer suggested he write a letter indicating that the Town Board, Town
Highway Department, and the Town Water & Sewer Department agree that the IDA act as Lead
Agency.
Councilman Testa made a motion, seconded by Councilman O'Donnell to receive and
file correspondence from O'Brien & Gere regarding the Cortland County Industrial
Development Agency acting as Lead Agency for the Build Now NY project. All voting aye, the
motion was carried.
There was discussion regarding the request of the First Baptist Church to forgive the
Town's water benefit tax.
Supervisor Thorpe read the correspondence aloud as members of the Board did not have
a copy of the correspondence. First Baptist Church did not contest that water was available, but
stated they cannot "avail ourselves of it because the Town can not provide the complementing
sewer service." /
MARCH 02, 2005 TOWN BOARD MEETING PAGE 7
Supervisor Thorpe apprised the Board that he spoke with Assessor David Briggs
regarding the matter, and read the Assessor's correspondence aloud as well. In his letter,
Assessor Briggs stated the service is provided by the City of Cortland, and that the appropriate
unit charge of 1.0 unit was charged to the property for the 2005 tax roll
RESOLUTION #59 DENY REQUEST OF FIRST BAPTIST CHURCH TO REMOVE
THE WATER BENEFIT TAX UNIT CHARGE FOR
PROPERTY LOCATED ON FISHER AVENUE
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, a request was received from the First Baptist Church requesting the Water Benefit
tax unit charge be removed from the 2005 Town and County tax bill for property located on
Fisher Avenue, and
WHEREAS, such request was reviewed by Town Assessor, David Briggs who reported that
although First Baptist Church chose to utilize the water/sewer service from the City of Cortland,
the appropriate unit 'charge is 1.0, which was charged to the property for the 2005 tax roll,
therefore
BE IT RESOLVED, the Town Board does hereby deny the request for the removal of the Water
Benefit tax unit charge for property located on Fisher Avenue, tax map #76.18-01-26.200, owned
by First Baptist Church.
There was discussion regarding the receipt of the Planned Unit Development (PUD)
application for Super Wal-Mart.
Attorney Folmer apprised the Board that at the March 1, 2005 Planning Board meeting,
the Planning Board recommended the Town Board act as Lead Agency. If the Board wanted to
act as Lead Agency, Attorney Folmer would send out the ordinary notice to the involved and
interested agencies that the Board plans to act in such capacity.
Supervisor Thorpe asked whether or not the members of the Board understood what
acting as Lead Agency involved.
Attorney Folmer stated the Lead Agency would be the approving agency for the plans of
the PUD. The Board would get into a process similar .to what they undertook with Rerob, LLC,
yet more extensive, more time consuming, and more complicated. He apprised the Board he
spoke with James Trasher of Clough, Harbour & Associates regarding the process.
Supervisor Thorpe questioned what would happen if the Board decided not be Lead
Agency.
Attorney Folmer did not advise against the Town acting as Lead Agency, nor thought that
another agency should act in the Town's place. In the final analysis, the Board would have to
approve the PUD or not approve it.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file the Planned Unit Development (PUD) application of Wal-Mart Supercenter, for property
located on NYS Route 13, tax map #105.00-01-22.211. All voting aye, the motion was carried.
RESOLUTION #60 DECLARE TOWN BOARD AS LEAD AGENCY FOR THE
PROPOSED PLANNED UNIT DEVELOPMENT
APPLICATION OF WAL-MART SUPERCENTER
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby declare they be Lead Agency under SEQRA
for the proposed Planned Unit Development application of Wal-Mart Supercenter, for property
located on NYS Route 13, tax map # 105.00-01-22.211.
MARCH 02, 2005 TOWN BOARD MEETING PAGE 8
Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 7:55 p.m.
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Respectfully submitted,
GY•
Karen Q. Snyder
Town Clerk
Town of Cortlandville