HomeMy WebLinkAbout05-18-2005331
MAY 18, 2005
5:00 P.M.
PUBLIC HEARING NO. 1
AQUIFER PROTECTION PERMIT
STEVEN BANKS
US ROUTE 11
TAX MAP #108.00-02-01.000
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 submitted by Steven Banks requesting the subdivision of a 1.0+/- acre parcel with
two mobile homes into two parcels of 13,100+/- sq. ft. with an existing mobile home on each
parcel. The property is located off of US Route 11 just north of the South Hill Road intersection
in the Town of Cortlandville, tax map #108.00-02-01.000.
Members present:
Absent:
Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Councilman, John Pilato
Deputy Town Clerk, Kristin Rocco
Town Clerk, Karen Q. Snyder
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Planning
Board member, Nick Renzi; James Trasher and Walt Kalina from Clough, Harbour & Associates;
Michael Chemago representing SCWP, LLC and Indacom Place; Richard Benchley, President/CEO
of the J.M. Murray Center; Susan Harris, 4495 Route 281, Cortlandville; Dr. Robert Morris, Route
281, Cortlandville; Representatives of CAPE: Dr. Arthur and Dr. Patricia Shedd, Andrea Rankin,
Robert Rhodes, Catherine Smith, Richanna Patrick, and Arnold Talentino; Elizabeth Clossen
Ambrose, 1199 DaVinci Drive, Cortlandville; Richard C. Tupper, Cortlandville; Jo Schaffer
representing the City of Cortland Planning Commission; Louis J. Riccardi, Dryden; Lisa Soler,
Cortland; Sandy and Vittorio Panzanella owners of the Yellow Lantern Kampground; Roger
Whelan, Syracuse; News Reporter Sharon Stevans from Channel 2, Access TV; News Reporter Eric
Mulvihill from WXHC; and News Reporter, Patrick Ruppe from the Cortland Standard.
filed.
Supervisor Thorpe called the Public Hearing to order.
Deputy Town Clerk, Kristin Rocco read aloud the legal notice as published, posted and
Supervisor Thorpe offered privilege of the floor to those in attendance.
No comments or, discussions were heard.
Attorney Folmer acknowledged that the County Planning Board reviewed and
recommended approval of the application, contingent on "the Town weighing the benefit of the
smaller lot size to the applicant vs. the health, safety, and welfare of the community... " He
noted that the mobile homes already have their own septic systems. The Town Planning Board
recommended approval of the permit with no conditions other than a Negative Declaration under
SEQRA.
No further comments or discussions were heard.
Councilman Testa made a motion, seconded by Councilman Rocco, to .close the Public
Hearing. All voting aye, the motion was carried.
The Public Hearing was closed at 5:04 p.m.
33L
MAY 18, 2005
5:04 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
Councilman, John Pilato
Deputy Town Clerk, Kristin Rocco
Town Clerk, Karen Q. Snyder
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Planning
Board member, Nick Renzi; James Trasher and Walt Kalina from Clough, Harbour &
Associates; Michael Chernago representing SCWP, LLC and Indacom Place; Richard Benchley,
President/CEO of the J.M. Murray Center; Susan Harris, 4495 Route 281, Cortlandville; Dr.
Robert Morris, Route 281, Cortlandville; Representatives of CAPE: Dr. Arthur and Dr. Patricia
Shedd, Andrea Rankin, Robert Rhodes, Catherine Smith, Richanna Patrick, and Arnold
Talentino; Elizabeth Clossen Ambrose, 1199 DaVinci Drive, Cortlandville; Richard C. Tupper,
Cortlandville; Jo Schaffer representing the City of Cortland Planning Commission; Louis J.
Riccardi, Dryden; Lisa Soler, Cortland; Sandy and Vittorio Panzanella, owners of the Yellow
Lantern Kampground; Roger Whelan, Syracuse; News Reporter Sharon Stevans from Channel 2,
Access TV; News Reporter Eric Mulvihill from WXHC; and News Reporter, Patrick Ruppe
from the Cortland Standard.
Supervisor Thorpe called the meeting to order.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file
the Cortlandville Zoning Board of Appeals Minutes of March 29, 2005. All voting aye, the motion
was carried.
Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file the
Cortlandville Planning Board Minutes of March 29, 2005. All voting aye, the motion was carried.
RESOLUTION #101 AUTHORIZE PAYMENT OF VOUCHERS - MAY
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 9252 - 275
$
6,329.13
General Fund B
B54 - B57
$
2,077.05
Highway Fund DB
D 141 - D 163
$144,
844.83
Water Fund
W82 - W90
$
8,422.92
Sewer Fund
S39 - S45
$
68,192.02
Capital Projects
H48 - H56
$
15,743.28
Supervisor Thorpe reminded the Board that the June Ist, 2005 Town Board meeting
would be held at the Blodgett Mills Independent Baptist Church at 7:00 p.m.
Supervisor Thorpe read a letter aloud addressed to the Town Clerk from Councilman
John J. Pilato, Sr. announcing his resignation as of May 18, 2005. In his letter, Councilman
Pilato thanked the members of the Board, the employees of the Town, and the citizens of the
Town for their assistance over the last twelve years. Supervisor Thorpe requested the Board
accept the resignation with deep regret.
Members of the Board thanked Councilman Pilato for his hard work and dedication to the
Town, and expressed that he would be greatly missed.
333
MAY 18, 2005 TOWN BOARD MEETING PAGE 2
RESOLUTION #102 ACCEPT RESIGNATION OF JOHN J. PILATO, SR.
AS TOWN COUNCILMAN
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, due to career opportunities John J. Pilato, Sr. has advised that he is no longer able
to discharge his duties to the Town, therefore
BE IT RESOLVED, that the Town Board does hereby accept the resignation of John J. Pilato,
Sr. as Town Councilman of the Town of Cortlandville, with deep regret, effective May 18, 2005,
and it is further
RESOLVED, that the resignation is hereby received and filed.
Supervisor Thorpe apprised the Board he was in receipt of correspondence from his
Secretary, Patricia O'Mara requesting the Board set a cut-off date and time for the Town Board
meeting agenda to be finalized. Anything that comes in past a set time and date could be
addressed directly to the Board under privilege of the floor at the meeting. Supervisor Thorpe
explained that Mrs. O'Mara was overburdened with requests that come in shortly before the
meeting causing the agenda to be retyped many times. He stressed that the preparation of the
agenda is important so that the people interested in it "are not going to be caught flat-footed."
RESOLUTION #103 ESTABLISH A CUT-OFF DATE AND TIME FOR ITEMS TO
BE ADDED TO THE TOWN BOARD MEETING AGENDA
Motion by Councilman Testa
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby establish a cut-off date and time for items to
be added to the Town Board meeting agenda as 12:00 p.m. the day before a Town Board
meeting.
Supervisor Thorpe offered privilege of the floor to Dr. Patricia Shedd.
On behalf of Citizens for Aquifer Protection and Employment (CAPE), Dr. Patricia
Shedd read a letter aloud addressed to Attorney Folmer regarding the proposed Local Law of
2005 - Zoning Text Amendment. CAPE requested that Attorney Folmer consider the comments
expressed in the letter before presenting the latest version of the Zoning Text Amendment to the
Board for a final vote. Dr. Shedd continued to read the correspondence which discussed eight
different issues relating to what CAPE believed to be "inconsistencies in language and
nomenclature that render some of the provisions ambiguous and subject to confusion as to
interpretation and enforcement." (The correspondence was listed on the agenda under item H-8,
and was received and filed later in the meeting.)
Supervisor Thorpe offered privilege of the floor to Jo Schaffer.
Jo Schaffer read a letter aloud submitted on behalf of the City of Cortland Planning
Commission regarding the proposed Wal-Mart Supercenter. According to the letter, the
Planning Commission opposes the development of the Wal-Mart Supercenter because the
proposed site on Route 13 is also the location of the City and the Towns only source of water.
The Commission also noted that the aquifer has been designated a "Sole Source Aquifer" by the
Environmental Protection Agency "indicating that any adverse effects or contamination incurred
by development would be extremely costly economically and environmentally."
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MAY 18, 2005
TOWN BOARD MEETING
PAGE 3
Supervisor Thorpe offered privilege of the floor to Nick Renzi.
Planning Board member, Nick Renzi apprised the Board he read through the Drainage
Improvement Feasibility Study for Route 281IRenaissanec/Bell Drive submitted by Clough,
Harbour & Associates and had comments and questions for the Board to consider.
Mr. Renzi's first comment related to Section 3 - Mitigation Options, which states that the
"culvert at Bell Drive no longer has sufficient capacity of conveying the stormwater runoff for
the contributing watershed area." He commented that the new study confirms what was already
concluded by Resource Associates in their 1997 report.
The second comment was that the Clough Harbour report mentions "the drainage culvert
on the north side of Bell Drive." However, Mr. Renzi pointed out that there are two culverts;
one 12" and the other 18".
Third, two options with different paths for the proposed 36" diameter storm sewer were
recommended at costs of $308,000 and $495,000. Mr. Renzi questioned whether either of the
options would eliminate stormwater problems being experienced by residents on Route 281, and
what the basis for such a large pipe is.
The fourth comment mentioned was that the solution offered by Clough Harbour "center
on running 36-inch storm sewer lines." Mr. Renzi questioned whether "it is feasible to enlarge
the existing detention basin on the West side of 281 to allow the existing Bell Drive culvert to
function effectively."
The fifth issue was that according to the Clough Harbour report, the only problem is the
size of the Bell Drive culvert. According to Mr. Renzi, "since the flow to the culvert is directly
influenced by the three detention basins," perhaps they are part of the problem and could be part
of the solution. However, there is no mention of modifying the basins.
Mr. Renzi's sixth point was that in their proposal, Clough Harbour stated they would
"perform terrain analysis to identify likely locations suitable for siting run-off control, proposed
drainage routing, potential areas for storage structures to control discharge from the contributing
area." Mr. Renzi questioned where "this important part of the study" was.
Seventh, Mr. Renzi suggested that minutes should be recorded for meetings between
Clough, Harbour & Associates and other agencies, and should be made part of the Clough
Harbour report for future reference.
The eighth comment made by Mr. Renzi was that the two options suggested by Clough,
Harbour & Associates be studied more deeply as each option "warrants further cost and
feasibility analysis."
Mr. Renzi requested that all of his comments mentioned above be addressed by Clough,
Harbour & Associates, and the written responses forwarded to the Board and to himself. He also
felt that the responses should be published as an addendum to the May 2005 Feasibility Study.
On a final note, Mr. Renzi commented that the project is not very complicated and felt
that it was a project that the Town Engineer should be involved with.
The monthly report of the Town Justice for the month of April 2005 was on the table for
review and is filed in the Town Clerk's office.
Deputy Town Clerk, Kristin Rocco apprised the Board a teleconference would be held
Monday, May 23rd, 2005 at the Cortland County Office Building. The teleconference, which
was sponsored by the State Comptroller, would discuss ways for local officials to reduce the cost
of services and to improve the quality of services.
There was discussion regarding the proposed Noise Ordinance.
Supervisor Thorpe apprised the Board that any noise complaint is liable to be litigated, as
there is nothing in the proposed ordinance that indicates an acceptable noise level or duration.
He suggested the Board take no action on the Noise Ordinance to allow him the opportunity to
research decibel meters and their cost. He felt the proposed Noise Ordinance should be revised
to indicate what an acceptable level of noise should be at a particular location and the acceptable
duration of the noise. A more specific ordinance would be easier to enforce and adjudicated if
necessary.
1
1
i
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MAY 18, 2005 TOWN BOARD MEETING PAGE 4
Attorney Folmer apprised the Board he has considered language which will alleviate the
concern for vehicles that are governed by the Vehicle & Traffic Law, indicating that any conflict
between the Noise Ordinance and the Vehicle & Traffic Law should be governed by the Vehicle
& Traffic Law. Attorney Folmer stated he was also trying to establish language that would
reflect that there are certain businesses that use public address systems, etc. in the ordinary
course of business, and to determine what sort of a regulation, if any, is appropriate.
Attorney Folmer welcomed the Board's ability to research decibel machines, and would
incorporate them in the ordinance if the Board agreed to purchase them.
Supervisor Thorpe stated it was his intent, once the proposition is accepted, to put an item
in the budget so they could purchase the appropriate meters and donate one to the State Police
and to the Sheriffs Department.
Attorney Folmer and the Board conducted the SEQR Short Environmental Assessment
Form for the Aquifer Protection Permit submitted by Steven _Banks for property located off of
US Route 11.
RESOLUTION #104 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION PERMIT #5 OF 2005 SUBMITTED BY STEVEN
BANKS FOR PROPERTY LOCATED OFF OF US ROUTE 11
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by Steven Banks for
property located off of US Route 11, permitting the subdivision of a 1.0+/- acre parcel with two
mobile homes into two parcels of 13,100+/- sq. ft. and 30,460+/- sq. ft. with an existing mobile
home on each parcel, tax map #108.00-02-01.000, 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
Steven Banks, Aquifer Protection Permit #5 of 2005, shall have no significant environmental
impact.
RESOLUTION #105 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION
OF AQUIFER PROTECTION PERMIT #5 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 #5 of 2005, submitted by Steven Banks.
RESOLUTION #106 APPROVE AQUIFER PROTECTION PERMIT #5 OF 2005
SUBMITTED BY STEVEN BANKS FOR PROPERTY
LOCATED OFF OF US ROUTE I 1
Motion by Councilman Testa
Seconded by Councilman O'Donnell
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
336
MAY 18, 2005 TOWN BOARD MEETING PAGE 5
BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #5 of 2005,
submitted by Steven Banks for property located off of US Route 11, permitting the subdivision
of a 1.0+/- acre parcel with two mobile homes into two parcels of 13,100+/- sq. ft. and 30,460+/-
sq. ft. with an existing mobile home on each parcel, tax map #108.00-02-01.000.
Attorney Folmer reported:
Highland Road Sewer Improvement Project - Funding:
Attorney Folmer apprised the Board the Town would receive funding for the Highland
Road Sewer Improvement Project in mid July, 2005. Between now and then it is necessary for
the Town to expend $320,000 for contractual expenses. Tompkins Trust Company would issue a
Bond Anticipation Note to the Town in the amount of $320,000, with an interest rate of 2.19%.
The BAN will be paid when the funding comes through this July. Attorney Folmer requested a
motion authorizing the Supervisor and Deputy Town Clerk to execute the BAN.
RESOLUTION #107 AUTHORIZE SUPERVISOR AND DEPUTY TOWN CLERK
TO EXECUTE THE BOND ANTICIPATION NOTE FOR THE
HIGHLAND ROAD SEWER IMPROVEMENT PROJECT
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 and
Deputy Town Clerk to execute the appropriate documents for the Bond Anticipation Note for the
Highland Road Sewer Improvement Project with Tompkins Trust Company, in the amount of
$320,000, with an interest rate of 2.19%.
Local Law — 2005, Zoning Text Amendment:
Attorney Folmer acknowledged receipt of the letter dated May 17, 2005 from CAPE,
which was read by Dr. Shedd under privilege of the floor.
Attorney Folmer apprised the Board the draft they received prior to tonight was modified
to provide in all of the districts in which there are dimensional requirements set forth, the
following:
(1) Lots or parcels located in Wellhead Protection Zone la as defined on the
zoning map shall provide 50% greenspace.
(2) Lots or parcels located outside Wellhead Protection Zone la, in excess of
three acres, shall provide 25% greenspace.
(3) Lots or parcels having areas of three acres or less, regardless of location, shall
provide 20% greenspace. Notwithstanding the foregoing, the Planning Board
may, by Special Permit, reduce the required greenspace in lots or parcels
having three acres or less in area to 15%.
Another change was with regard to permits for gasoline service stations and convenience
store combinations, which was eliminated from the B2 District making the provision consistent
with regard to the Aquifer Protection District. Gasoline service stations and convenience store
combinations was also eliminated in the B3 Planned Commercial Business District.
Attorney Folmer apprised the Board a change was made to the provision regarding floor
area. The new wording states: "Any separate commercial, sales, service, professional or
business use, owned or leased, shall not exceed (100,000) square feet in floor area without the
issuance of a conditional permit." The Planning Board can either issue or deny a permit.
Attorney Folmer discussed the Zoning Text Amendment with reference to the zoning
map. Originally, the phrase Aquifer Protection District was utilized to identify those areas where
the 50% requirement was going to be applicable. However, Attorney Folmer stated the words
were inaccurate and therefore changed to refer to the Wellhead Protection Zones, which appear
on the map. Originally area la included just Town wells. However, there is one area indicated
as 1 a in which there are no Town wells, but there are city wells that are close in proximity to the
boundary line. While the city wells are not subject to the Town's control, they must be subject to
protection. With respect to lot coverage, and regardless of location, the less than three acre
requirement is applicable in every zone.
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MAY 18, 2005 TOWN BOARD MEETING PAGE 6
Attorney Folmer discussed the letter from CAPE dated May 17, 2005 and the items
mentioned in the letter, which he felt were significantly taken care of. He discussed the items
and how they were addressed which included the following: clarification of the term "Aquifer
Protection District"; special and conditional permits; eliminating gasoline service stations in B2
and 133; contiguous lots; lot coverage percentages; square footage in excess of 100,000 sq. ft.;
and clarification of guidelines for PUD's.
Attorney Folmer apprised the Board at the next Planning Board meeting he would
propose that they institute a moratorium on applications for PUD's. The moratorium would be in
place until the current PUD regulations are amended to comply with new state requirements, and
any other requirements that the Planning Board, Zoning Board, and Town Board feel are
appropriate.
Attorney Folmer thanked members of CAPE for their input, as well as Planning Board
member, Nick Renzi for his contributions.
Attorney Folmer discussed the concern involving the operations of SCWP, LLC and the
J.M. Murray Center. Both SCWP, LLC and the J.M. Murray Center fear that if the Zoning Text
Amendment is adopted they would be in non-compliance with the ordinance because of their
present operations. Attorney Folmer stated it is not, and has never been the Town's intention to
restrict and prohibit either entity from operating. The language in the I-1 District of the Zoning
Text Amendment "adequately opens the door and permits their activities to continue to exist."
He read aloud the section of the ordinance about Industrial uses and stated that, "a proper
interpretation of that language will permit, and does permit, the continuation of the operation of
the JM Murray Center as well as SCWP if this ordinance be enacted." Attorney Folmer noted
that once adopted, the Zoning Text Amendment could be amended to "accomplish problems that
may exist in the future or may appear in the future that are not available at this point."
Attorney Folmer requested the Board complete the Long Form SEQR review, which was
prepared by Clough, Harbour & Associates, and adopt the Zoning Text Amendment and map as
Local Law of 2005.
On a final note, Attorney Folmer discussed whether or not the revisions made to the
Zoning Text Amendment required that it be resubmitted to the County Planning Board for
review. Both he and Dan Dineen of County Planning did not believe the changes to the Zoning
Text Amendment were significant enough to warrant further review by the County Planning
Board.
The Board indicated they would like to review the Long Form SEQR and act on the
Local Law. Supervisor Thorpe questioned whether there were any comments from those in
attendance.
Nick Renzi thanked Attorney Folmer for asking him to collaborate on the Zoning Text
Amendment. He also thanked CAPE for being a "stimulant and catalyst" in drafting the Zoning
Text Amendment. Mr. Renzi apprised the Board he was happy with the current draft of the
Zoning Text Amendment.
Michael Chernago, representing SCWP, LLC and Indacom Place apprised the Board his
company has spent a lot of time reviewing the Zoning Text Amendment. He mentioned the
letter he recently wrote to the Board regarding the most recent version of the amendment,
explaining the type of operations at the SCWP, LLC facility. Although the facility does not
manufacture anything hazardous, he stated the manufacturing types fall into the I-2 (Industrial 2)
category. According to the language of the ordinance, I-1 and I-2 are clearly defined. Mr.
Chernago explained that SCWP, LLC was diligently trying to "take an empty building and make
it a success here in this community..." He feared that if the building remains I-1 as listed in the
proposal, the restrictions would not allow their operations to continue. Mr. Chernago invited
members of the Board to visit Indacom Place.
Richard Benchley, President and CEO of the J.M. Murray Center felt there was
vagueness with the wording in the ordinance regarding I-1 and I-2 districts, and felt that his
company should be zoned I-2 as well as Indacom Place. Mr. Benchley apprised the Board if
they visited the facility they would see heavy manufacturing processes. Although a person may
not be able to hear or smell the processes from the property line as indicated in the ordinance
under 1-1, Mr. Benchley stated the factory is clearly heavy manufacturing.
Attorney Folmer apprised Mr. Benchley and Mr. Chernago the purpose of I-2 is to locate
heavy operations such as an asphalt plant, which is not encouraged in the area where SCWP,
LLC and J.M. Murray Center are located. He believed both companies were in a situation to be
a non -conforming use as of the time the Zoning Text Amendment is adopted. He explained that
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MAY 18, 2005 TOWN BOARD MEETING PAGE 7
if an amendment is necessary once the framework is in place, they could incorporate an
appropriate amendment that would deal with their specific situations.
Attorney Folmer and the Board reviewed the Long Form SEQR.
The Board changed the answer to question 20 from no to yes, which asked: "Is there, or
is there likely to be public controversy related to potential adverse environmental impacts?"
RESOLUTION #108 DECLARE NEGATIVE IMPACT FOR
LOCAL LAW OF 2005
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Full
Environmental Assessment Form for Local Law of 2005, therefore
BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare that Local Law of
2005 shall have no significant environmental impact.
RESOLUTION #109 ADOPT LOCAL LAW OF 2005 AMENDING THE
ZONING LAW AND MAP OF THE TOWN OF
CORTLANDVILLE
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: Supervisor Thorpe
Aye
Councilman Testa
Aye
Councilman O'Donnell
Aye
Councilman Rocco
Aye
Councilman Pilato
Aye
ADOPTED
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for
a public hearing to be held by said Board to hear all interested parties on a proposed Local Law
amending the Zoning Ordinance and Map of the Town of Cortlandville, and
WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the
official newspaper of the said Town, and posted at the Town Hall, 3577 Terrace Road, Cortland,
New York, as required by law, and
WHEREAS, said public hearing was duly held and all parties in attendance were permitted an
opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part
thereof, and .
WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the
best interest of the Town to adopt said Local Law,
NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby accepts said Local
Law as Local Law of 2005, amending the Zoning Ordinance and Map of the Town of
Cortlandville, a copy of which is attached hereto and made a part hereof, and the Town Clerk is
directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the
Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary
of State.
Be it enacted by the Town Board of the Town of Cortlandville as follows:
Ll
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MAY 18, 2005 TOWN BOARD MEETING PAGE 8
Section 1. Section 178-2 (C) is amended by adding to said section the following definitions in
their respective alphabetical order:
Professional Offices — Those business offices which have as their principal uses services
provided by professionals licensed by the State of New York and/or other unlicensed
professionals including, but not limited to physicians, dentists, health care professionals, lawyers,
architects, engineers, accountants and veterinarians.
Business Establishments — Business uses such uses as real estate brokers and insurance agents
that provide walk-in services for their clients, but that do not solely rely on walk-in customers.
Personal Service Establishments — A business where professional or personal services are
provided for gain and where the sale at retail of goods, wares, merchandise, articles or things is
only accessory to the provisions of such services, including but without limiting the generality of
the foregoing, the following: barber shops, beauty shops, tailor shops, laundry or dry-cleaning
shops, shoe repair shops.
Sales Establishments — A building where goods, wares, merchandise, substances, articles or
things are offered or kept for sale, including storage of limited quantities of such goods, wares,
merchandise, substances, articles or things are, sufficient only to service such store.
Section 2. Section 178-3 Establishment of Districts is amended by deleting the following:
E. Business District
F. Industrial District
G. Business Transition District
Section 3. Section 178-3 is amended to include the following:
E. Neighborhood Business B-1 District
F. Highway Commercial Business B-2 District
G. Planned Commercial Business B-3 District
H. Light Industrial, Office, Business Park I-1 District
I. General Industrial I-2 District
Section 4. Section 178-3 (G) is relettered and amended to read:
J. Aquifer Protection District
Section 5. Articles VII and VIII are deleted in their entirety and the following substituted therefor:
Neighborhood Business
B-1 District
178-28. Statement of intent.
The purpose of this district is to provide areas located in the Town in or adjacent to residential
neighborhoods, for various business uses which provide essential services, but that are limited in
size and use to those that are compatible with nearby residential and similar small business uses.
It is the specific intent of this district to prohibit uses which would be detrimental or
incompatible with adjoining residential use, community aesthetics, aquifer protection and
pedestrian activity. This district is intended as a compatible transition area between residential,
commercial and industrial areas because of the generally low traffic volumes associated with
permitted uses, and hours of operation which make them compatible as transitional uses.
In addition to the requirements of this Article compliance with the applicable provisions of
Article X Aquifer Protection District is required.
178-28.1. Permitted structures and uses.
Permitted structures and uses shall be as follows:
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MAY 18, 2005
TOWN BOARD MEETING
PAGE 9
A. Residential:
1.) Single-family dwelling.
2.) Two-family dwelling.
3.) Customary uses accessory to the above, as defined in this chapter, which are an
integral part of and used solely for the permitted use and deemed appropriate by
the Code Enforcement Officer.
178-28.2. Permitted uses subject to site plan approval.
Permitted uses subject to site plan approval shall be as follows:
A. Business:
1.)
Multiple dwellings; up to four dwelling units in a single structure
2.)
Professional offices
3.)
Insurance offices or other similar business establishments
4.)
Personal service establishments
5.)
Hotels, motels, tourist homes and rooming houses with a 2-story
maximum and not exceeding 15,000 square feet per story
B. At any time that a specific use originally permitted within this district is to be changed so
that it involves a separate, different and distinct service, use, process or product, in consultation with
the Planning Board, may require the issuance of a conditional permit for any and all phases of the
operation, which may become or have become detrimental to the neighborhood, and be corrected
prior to such issuance of a conditional permit.
178-28.3. Uses subject to conditional permit.
Uses subject to conditional permit shall be as follows:
A. Residential:
1.) Multiple -family dwelling with over four dwelling units.
B. Religious institutions:
1.) Churches, chapels, temples, synagogues and related uses.
C. Educational institutions:
1.) Schools, public and private; all age groups
2.) Libraries
D. Non-profit institutions, charities, cultural, recreational and social activities:
1.) Public and private clubs
2.) Parks and playgrounds
3.) Public swimming pools
E. Health, medical, dental and care services which operate during limited hours and
that do not provide overnight care.
1.) Clinics
2.) Nursery or child day-care centers
3.) Mortuaries or funeral homes
178-28.4. Hours of Operation
No business establishments in any B-1 district shall be open to the public except between the
hours of 7:00 a.m. to 9:00 p.m. without prior Town Planning Board approval that may modify
hours of operation with the granting of a conditional use permit based upon the intensity of the
use and potential impact on neighboring areas.
178-28.5. Dimensional Requirements
A. Lot Area. Lot area shall comply with the Town's bulk regulations or as otherwise
required by the Town Planning Board as well as other Town requirements.
1
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B. Lot Coverage. Lot coverage shall comply with the more restrictive of the Town's bulk
regulations, wellhead protection zones or as otherwise required by the Town Planning Board as
well as other Town requirements. Structures, parking areas and roadways shall not occupy more
than the maximum lot coverage indicated by the following:
(1) Lots or parcels located in Wellhead Protection Zone 1 a as defined on the zoning map
shall provide 50% greenspace.
(2) Lots or parcels located outside Wellhead Protection Zone la, in excess of three acres
in area, shall provide 25% greenspace.
(3) Lots or parcels having areas of three acres or less, regardless of location, shall provide
20% greenspace. Notwithstanding the foregoing, the Planning Board may, by Special
Permit, reduce the required greenspace in lots or parcels having three acres or less in area
to 15%.
C. Setbacks. All setbacks shall comply with the Town's bulk regulations or as otherwise
required by the Town Planning Board as well as other Town requirements.
D. Floor Area. Any separate commercial, sales, service, professional or business use, owned
or leased, shall not exceed (5,000) square feet in floor area unless otherwise noted herein.
178-28.6. Prohibited Use
A. Outside Storage. The outside storage of any equipment, products, raw materials, waste or
similar materials in this district that is detrimental to nearby residential uses, community
aesthetics and aquifer protection as determined by the Town Planning Board, is prohibited as
well as the outside storage of disabled vehicles, parts thereof, vehicles not qualifying for a New
York State automobile inspection sticker, wrecked vehicles and parts thereof, and junk of any
kind.
Highway Commercial Business
B-2 District
178-29. Statement of intent.
The purpose of this district is to provide areas in the Town for sales, service, and commercial
business enterprises that primarily serve the motoring public and that are auto -oriented in size
and use, and that are compatible with, but function independently from other adjacent and nearby
non-residential uses on highways designed to handle large traffic volumes. It is the intent of this
district to prohibit uses that would be detrimental to adjoining districts, community aesthetics,
aquifer protection and an orderly flow of on -site and off -site vehicular traffic.
In addition to the requirements of this Article compliance with the applicable provisions of
Article X Aquifer Protection District is required.
178-29.1. Permitted structures and uses.
Permitted structures and uses shall be as follows:
A. Residential:
1.) Single-family dwelling.
2.) Two-family dwelling.
3.) Customary uses accessory to the above, as defined in this chapter, which are an
integral part of and used solely for the permitted use and deemed appropriate by
the Code Enforcement Officer.
178-29.2. Permitted uses subject to site plan approval.
Permitted structures and uses subject to site plan approval shall be as follows:
A. 1.) All those permitted structures and uses, and those permitted uses subject to site
plan approval, allowed under a B-1 District except for single-family and two-
family and their permitted accessory uses
2.) Sales Establishments
3.) Banks, savings and loans, and credit bureaus
4.) Indoor restaurants and taverns (including drive-in restaurants)
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5.) Veterinary clinics, animal shelters, kennels and pet shops
6.) Indoor theaters
7.) Indoor commercial recreation facilities
8.) Automobile and vehicular sales, used vehicle sales permitted only in
combination with new vehicle sales
9.) Customary uses accessory to the above, as defined in this chapter, which are an
integral part of and used solely for the permitted use and deemed appropriate by
the Code Enforcement Officer.
B. Upon determination by the Town that a specific use originally permitted within this
district is to be changed so that it involves a separate, different and distinct service, use, process
or product, or involves a new operator, an application for a conditional permit must be made to
the Planning Board. Prior to authorizing issuance of the conditional permit, the Board may
require the correction of any and all phases of the operation, which may become or have become
detrimental to the neighborhood.
178-29.3. Uses subject to conditional permit.
Uses subject to conditional permit shall be as follows:
A. Residential:
1.) Multiple -family dwelling with over four dwelling units.
B. Religious institutions:
1.) Churches, chapels, temples, synagogues and related uses.
C. Educational institutions:
1.) Schools, public and private; all age groups
2.) Libraries
D. Recreational facilities and social activities:
1.) Public and private clubs
2.) Parks and playgrounds
3.) Public swimming pools
4.) Miniature golf, golf courses and driving ranges
5.) Campgrounds, public and commercial
6.) Outdoor amusement centers, outdoor theaters and drive-in theaters
E. Health, medical, and care services:
1.) Hospitals
2.) Clinics
3.) Child day-care centers
4.) Nursing homes
5.) Mortuaries and funeral homes
6.) Cemeteries
F. Commercial garages and automotive repair shops
G. Car wash operations
H. Outdoor and drive-in restaurants
I. Motor vehicle leasing facilities
J. Outdoor sales of:
1.) Boats
2.) House trailers
3.) Recreational vehicles
4.) Horticultural products and supplies
K. Animal hospitals
L. Used car sales
178-29.4. Hours of Operation
No business establishments in any B-2 district shall be open to the public except between the
hours of 6:00 a.m. to 12:00 a.m. (Midnight) without prior Town Planning Board approval that
may modify hours of operation with the granting of a conditional use permit based upon the
intensity of the use and potential impact on neighboring areas.
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178-29.5. Dimensional Requirements
A. Lot Area. The minimum lot area shall be necessary to accommodate the necessary
structures and comply with this ordinance, as well as other Town requirements.
B. Lot Coverage. Lot coverage shall comply with the more restrictive of the Town's bulk
regulations, wellhead protection zones or as otherwise required by the Town Planning Board as
well as other Town requirements. Structures, parking areas and roadways shall not occupy more
than the maximum lot coverage indicated by the following:
(1) Lots or parcels located in Wellhead Protection Zone la as defined on the zoning map
shall provide 50% greenspace.
(2) Lots or parcels located outside Wellhead Protection Zone 1 a, in excess of three acres
in area, shall provide 25% greenspace.
(3) Lots or parcels having areas of three acres or less, regardless of location, shall provide
20% greenspace. Notwithstanding the foregoing, the Planning Board may, by Special
Permit, reduce the required greenspace in lots or parcels having three acres or less in area
to 15%.
C. Setbacks. All setbacks shall comply with the Town's bulk regulations or as otherwise
required by the Town Planning Board as well as other Town requirements.
D. Floor Area. Any separate commercial, sales, service, professional or business use, owned
or leased, shall not exceed (30,000) square feet in floor area.
178-29.6. Prohibited Use
A. Outside Storage. The outside storage of any equipment, products, raw materials, waste or
similar materials in this district that is detrimental to nearby residential uses, adjacent districts,
community aesthetics, and aquifer protection as determined by the Town Planning Board, is
prohibited as well as the outside storage of disabled vehicles, parts thereof, vehicles not
qualifying for a New York State automobile inspection sticker, wrecked vehicles and parts
thereof, and junk of any kind.
Planned Commercial Business
B-3 District
178-30. Statement of intent.
The purpose of this district is to provide areas in the Town for large-scale sales, service, and
business enterprises, on highways designed to handle large volumes of traffic, for well -planned
and well -designed commercial uses and parking areas which primarily serve the motoring public
and which are generally compatible with each other and which are not detrimental to adjoining
uses, community aesthetics, aquifer protection or the orderly flow of on -site and off -site
pedestrian and vehicular traffic.
In addition to the requirements of this Article compliance with the applicable provisions of
Article X Aquifer Protection District is required.
178-30.1. Permitted structures and uses.
Permitted structures and uses shall be as follows:
A. Residential:
1.) Single-family dwelling.
2.) Two-family dwelling.
3.) Customary uses accessory to the above, as defined in this chapter, which are an
integral part of and used solely for the permitted use and deemed appropriate by
the Code Enforcement Officer.
178-30.2. Permitted structures and uses subject to site plan approval.
Permitted uses subject to site plan approval shall be as follows:
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MAY 18, 2005
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A. 1.) All those permitted structures and uses, and those permitted uses subject to site
plan approval, allowed under a B-1 and B-2 District, except for single-family and
two-family and their permitted accessory uses.
2.) Shopping centers, provided that no gasoline service facility use shall be permitted
except upon the issuance of a special permit
3.) Hotels and motels
4.) Uses accessory to the above which are an integral part of and used solely by the
permitted uses and which are deemed appropriate by the Code Enforcement
Officer.
B. Upon determination by the Town that a specific use originally permitted within this
district is to be changed so that it involves a separate, different and distinct service, use, process
or product, or involves a new operator, an application for a conditional permit must be made to
the Planning Board. Prior to authorizing issuance of the conditional permit, the Board may
require the correction of any and all phases of the operation, which may become or have become
detrimental to the neighborhood.
178-30.3. Uses subject to conditional permit.
Uses subject to conditional permit shall be as follows:
A. Residential:
1.) Multiple -family dwelling with over four dwelling units.
B. Religious institutions:
1.) Churches, chapels, temples, synagogues and related uses.
C. Educational institutions:
1.) Schools, public and private; all age groups
2.) Libraries
D. Recreational facilities and social activities:
1.)
Public and private clubs
2.)
Parks and playgrounds
3.)
Public swimming pools
4.)
Miniature golf, golf courses and driving ranges
5.)
Campgrounds, public and commercial
6.)
Outdoor amusement centers, outdoor theaters and drive-in theaters
E. Health, medical, and care services:
1.) Hospitals
2.) Clinics
3.) Child day-care centers
4.) Nursing homes
5.) Mortuaries and funeral homes
6.) Cemeteries
F. Commercial garages and automotive repair shops
G. Car wash operations
H. Outdoor and drive-in restaurants
I. Motor vehicle leasing facilities
J. Outdoor sales of:
1.) Boats
2.) House trailers
3.) Recreational vehicles
4.) Horticultural products and supplies
K. Animal hospitals
L. Used car sales
M. Transportation and utility uses:
1.) Bus terminals
2.) Railroad lines and terminals
3.) Truck Terminals
4.) Air landing fields
5.) Public utility substations
1
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MAY 18, 2005 TOWN BOARD MEETING PAGE 14
6.) Communication towers and antennae
7.) Storage warehouses
N. Any combination of residential, sales establishment, commercial, warehouse and office
uses.
178-30.4. Dimensional Requirements
A. Lot Area. The minimum lot area shall be necessary to accommodate the necessary
structures and comply with this ordinance, as well as other Town requirements.
B. Lot Coverage. Lot coverage shall comply with the more restrictive of the Town's bulk
regulations, wellhead protection zones or as otherwise required by the Town Planning Board as
well as other Town requirements. Structures, parking areas and roadways shall not occupy more
than the maximum lot coverage indicated by the following:
(1) Lots or parcels located in Wellhead Protection Zone la as defined on the zoning map
shall provide 50% greenspace.
(2) Lots or parcels located outside Wellhead Protection Zone 1 a, in excess of three acres
in area, shall provide 25% greenspace.
(3) Lots or parcels having areas of three acres or less, regardless of location, shall provide
20% greenspace. Notwithstanding the foregoing, the Planning Board may, by Special
Permit, reduce the required greenspace in lots or parcels having three acres or less in area
to 15%.
C. Setbacks. All setbacks shall comply with the Town's bulk regulations or as otherwise
required by the Town Planning Board as well as other Town requirements.
D. Floor Area. Any separate commercial, sales, service, professional or business use, owned
or leased, shall not exceed (100,000) square feet in floor area without the issuance of a
conditional permit.
178-30.5. Prohibited Use
A. Outside Storage. The outside storage of any equipment, products, raw materials, waste or
similar materials in this district as well as disabled vehicles, parts thereof, vehicles not qualifying
for a New York State automobile inspection sticker, wrecked vehicles and parts thereof, and junk
of any kind is prohibited, except for equipment, products and materials incidental to business use
and sales, provided that such equipment, products, and materials are not detrimental to nearby
residential uses, adjacent districts, community aesthetics or aquifer protection as determined by
the Town Planning Board.
Article IX Industrial District
Shall be replaced by the following:
Light Industrial, Office, Business Park
I-1 District
178-31. Statement of intent.
The purpose of this district is to provide areas in the Town for a mix of well -planned and well -
designed light industrial and business park uses that are compatible with community aesthetics,
aquifer protection as well as adjacent agricultural, residential, business and commercial uses. The
purpose of this district is to permit the construction of research and development -oriented industries,
high technology, and light manufacturing/assembly facilities, offices, and hotels.
Light manufacturing/assembly uses to be encouraged are industrial processes which are normally
conducted entirely within an enclosed building, and which do not emit any odor, noxious fumes
or degraded air emissions, smoke, degraded water quality, noise, heat, vibration, glare or
radiation that is detectable at the property line and that do not pose a significant public safety or
health hazard or significant adverse effect to the natural environment. Areas proposed to be so
zoned shall be served by sanitary sewers, adequate drainage control and/or storm sewers and
public water.
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MAY 18, 2005
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In addition to the requirements of this Article compliance with the applicable provisions of Article
X Aquifer Protection District is required.
178-31.1. Permitted structures and uses.
Permitted structures and uses shall be as follows:
A. Agriculture -related uses:
1.) Farm uses, including forestry, livestock areas, temporary roadside stands
178-31.2. Permitted structures and uses subject to site plan approval.
Permitted uses subject to site plan approval shall be as follows:
A. 1.) Offices
2.) Warehouses and wholesale distribution centers
3.) Storage facilities
4.) Agriculture -related farm dwellings, barns and farm accessory buildings
5.) Light manufacturing, assembly or processing of, including, but not limited to:
a.) Electronic equipment
b.) Precision instruments
c.) Pharmaceutical supplies
d.) Medical products
6.) Administrative or product development facilities, including, but not limited to
training and technology centers
7.) Scientific research and testing laboratories
8.) Data processing, computer service centers
B. Upon determination by the Town that a specific use originally permitted within this district
is to be changed so that it involves a separate, different and distinct service, use, process or product,
or involves a new operator, an application for a conditional permit must be made to the Planning
Board. Prior to authorizing issuance of the conditional permit, the Board may require the correction
of any and all phases of the operation, which may become or have become detrimental to the
neighborhood.
178-31.3. Uses subject to conditional permit.
Uses subject to conditional permit shall be as follows:
A. Business:
1.) Hotels and motels
2.) Sales Establishments
3.) Indoor and outdoor commercial recreation facilities (not golf courses)
4.) Other types of manufacturing, assembly, or processing that are not considered
light by definition yet do not pose a significant adverse risk to water quality and
quantity, emit any odors, noxious fumes, or degraded air emissions, smoke, noise,
heat, vibration, glare, or radiation that is detectable at the property line.
B. Religious institutions:
1.) Churches, chapels, temples, synagogues and related uses.
C. Educational institutions:
1.) Schools, public and private; all age groups
2.) Libraries
D. Recreational facilities and social activities:
1.)
Public and private clubs
2.)
Parks and playgrounds
3.)
Public swimming pools
4.)
Miniature golf
5.)
Campgrounds, public and commercial
6.)
Outdoor amusement centers, outdoor theaters and drive-in theaters
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MAY 18, 2005 TOWN BOARD MEETING PAGE 16
E. Health, medical, and care services:
1.) Hospitals
2.) Clinics
3.) Child day-care centers
4.) Nursing homes
5.) Cemeteries
F. Outdoor sales of:
1.) Boats
2.) House trailers
3.) Recreational vehicles, mobile homes
4.) Horticultural products, equipment and supplies
G. Transportation and utility uses:
1.) Bus terminals
2.) Air landing fields
3.) Public utility substations and distribution facilities
4.) Communication towers and antennae
5.) Storage warehouses
H. Any combination of light industrial, warehouse and office uses
178-31.4. Dimensional Requirements
A. Lot Area. The minimum lot area shall be necessary to accommodate the necessary
structures and comply with this ordinance, as well as other Town requirements.
B. Lot Coverage. Lot coverage shall comply with the more restrictive of the Town's bulk
regulations, wellhead protection zones or as otherwise required by the Town Planning Board as
well as other Town requirements. Structures, parking areas and roadways shall not occupy more
than the maximum lot coverage indicated by the following:
(1) Lots or parcels located in Wellhead Protection Zone la as defined on the zoning map
shall provide 50% greenspace.
(2) Lots or parcels located outside Wellhead Protection Zone la, in excess of three acres
in area, shall provide 25% greenspace.
(3) Lots or parcels having areas of three acres or less, regardless of location, shall provide
20% greenspace. Notwithstanding the foregoing, the Planning Board may, by Special
Permit, reduce the required greenspace in lots or parcels having three acres or less in area
to 15%.
C. Setbacks. All setbacks shall comply with the Town's bulk regulations or as otherwise
required by the Town Planning Board as well as other Town requirements.
178-31.5. Prohibited structures and uses.
A. See Article XIV, Section 178-77
B. Outside Storage. The outside storage of any equipment, products, raw materials, waste or
similar materials in this district is prohibited except for equipment, products and materials incidental
to light manufacturing and assembly processes or business uses provided that such equipment,
products, and materials are not detrimental to nearby residential uses, adjacent districts, community
aesthetics or aquifer protection as determined by the Town Planning Board. The outside storage of
disabled vehicles, parts thereof, vehicles not qualifying for a New York State automobile inspection
sticker, wrecked vehicles and parts thereof, is prohibited unless necessary to operation of such
businesses. Junk storage of any kind is prohibited.
General Industrial
I-2 District
178-32. Statement of intent.
The purpose of this district is to provide areas in the Town for general industrial use and
manufacturing that is most compatible in scale and location with other nearby and adjacent
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MAY 18, 2005 TOWN BOARD MEETING PAGE 17
transportation, commercial and industrial uses. General industrial uses are uses which may be
wholly or partially located outside of an enclosed building, and which have the potential to emit
odor, noxious fumes and degraded air emissions, noise, degraded water quality, heat, vibration,
glare, or radiation which is detectable at the property line, or may involve materials which pose a
significant public health hazard or significant adverse effect to the natural environment.
In addition to the requirements of this Article compliance with the applicable provisions of
Article X Aquifer Protection District is required.
178-32.1. Permitted structures and uses subject to site plan approval and conditional
permit.
Permitted uses subject to site plan approval and conditional permit shall be as follows:
A. 1.) Except as hereafter provided, all those permitted structures and uses, and those
permitted uses subject to site plan approval, allowed under an I-1 District.
2.) Manufacture, assembly or processing of a type not permitted in the I-1 District
3.) Energy generation facilities and customary related uses, including but not
limited to above ground high tension energy transmission lines,
maintenance, storage or repair facilities
4.) Tool and die shops
5.) Lumber and building supply establishments
6.) Construction companies and construction equipment sales and service
7.) Sand and gravel mining
8.) Bulk storage, exclusive of fuel, explosives and chemical storage
9.) Freight and trucking terminals
10.) Sanitary waste management facilities
B. Upon determination by the Town that a specific use originally permitted within this
district is to be changed so that it involves a separate, different and distinct service, use, process
or product, or involves a new operator, an application for a conditional permit must be made to
the Planning Board.. Prior to authorizing issuance of the conditional permit, the Board may
require the correction of any and all phases of the operation, which may become or have become
detrimental to the neighborhood.
178-32.2. Dimensional Requirements
A. Lot Area. The minimum lot area shall be necessary to accommodate the necessary
structures and comply with this ordinance, as well as other Town requirements.
B. Lot Coverage. Lot coverage shall comply with the more restrictive of the Town's bulk
regulations, wellhead protection zones or as otherwise required by the Town Planning Board as
well as other Town requirements. Structures, parking areas and roadways shall not occupy more
than the maximum lot coverage indicated by the following:
(1) Lots or parcels located in Wellhead Protection Zone I as defined on the zoning map
shall provide 50% greenspace.
(2) Lots or parcels located outside Wellhead Protection Zone 1 a, in excess of three acres
in area, shall provide 25% greenspace.
(3) Lots or parcels having areas of three acres or less, regardless of location, shall provide
20% greenspace. Notwithstanding the foregoing, the Planning Board may, by Special
Permit, reduce the required greenspace in lots or parcels having three acres or less in area
to 15%.
C. Setbacks. All setbacks shall comply with the Town's bulk regulations or as otherwise
required by the Town Planning Board as well as other Town requirements.,
178-32.3. Prohibited structures and uses.
A. See Article XIV, Section 178-77
B. Outside Storage. The outside storage of any equipment, products, raw materials, waste or
similar materials in this district is not prohibited provided that such equipment, products, and
materials are not detrimental to nearby residential uses, adjacent districts, community aesthetics
or aquifer protection as determined by the Town Planning Board. The outside storage of disabled
MAY 18, 2005
TOWN BOARD MEETING
PAGE 18
vehicles, parts thereof, vehicles not qualifying for a New York State automobile inspection
sticker, wrecked vehicles and parts thereof, is prohibited unless, necessary to operation of such
businesses. Junk storage of any kind is prohibited.
Section 6. Article XVII is amended to add the following to Section 178-106:
That existing non -conforming facilities with damage or destruction greater than 75% of the
structure must make application to the Town to rebuild within six months and apply for a
Building Permit within one year of the loss.
Section 7. Article XVIII Section 178-113 is amended by adding the following to Table 2:
2. The maximum height permitted is:
a. Freestanding sign: eight (8) feet
Section 8. Section 178-75 is amended by the addition of the following:
In granting a conditional use, the Planning Board shall make findings of fact consistent with the
provisions of this Ordinance. The Planning Board shall not approve a conditional use except in
conformance with the spirit, purposes, conditions and standards outlined in this Ordinance. In
w order to grant approval for a conditional permit, the applicant must prove that the location,
structure, and/or use:
A. Is consistent with the general intent of the Town of Cortlandville's Land Use and
Aquifer Protection Plan.
B. Is in conformance with all applicable requirements of this Ordinance and all
Town ordinances.
C. Will not pose a significant threat to the quality and/or quantity of Cortlandville's
sole source aquifer or its delineated Wellhead Protection Zones.
D. Is in the best interests of the Town, the community, and the public welfare, and
which shall not be a detriment to the properties in the immediate vicinity.
E. Suitable for the property in question and designed to be constructed, operated, and
maintained so as to be in harmony with and appropriate in appearance with the
existing or intended character of the general vicinity.
F. Does not cause unsuitable effects on highway traffic and safety with adequate
access to protect streets from undue congestion and hazard.
Section 9. Section 178-76 is amended by the addition of the following:
Industrial Uses.
(1) Uses and/or activities such as but not limited to the storage of or use of chemicals of
any form or quantity shall not pose a significant threat to the Town of
Cortlandville's Sole Source Aquifer or its delineated Wellhead Protection Zones.
(2) Sufficient open space will be provided to ensure the protection of community
character, aesthetics, groundwater infiltration, and buffering.
(3) Buildings shall be architecturally designed to enhance or be compatible with
surrounding structures in the terms of form, function, and design. Structures will be
consistent with the aesthetic general intent of the Town's current Master Plan.
(4) Structures and uses will have adequate buffers to prevent negative impacts
associated with noise, traffic, dust, hones, smoke, odor, fire, glare, and/or flashing
lights.
(5) The use will not cause and/or be considered a nuisance to surrounding properties and
will not have a negative affect on surrounding property values.
(6) Will have adequate site access to protect streets from undue congestion and hazard
and will not cause unsuitable effects on highway traffic and safety.
(7) Will provide adequate space for parking and future development or expansion needs.
Section 10. This Local Law shall take effect when filed with the Secretary of State of the State
of New York as required by law.
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MAY 18, 2005
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Wal-Mart Supercenter PUD:
Attorney Folmer commented on the correspondence received from the City of Cortland
Planning Commission opposing development of the Route 13 site for a Wal-Mart Supercenter.
Attorney Folmer recalled that the Mayor of Cortland indicated support of the project in earlier
correspondence.
Wal-Mart Supercenter PUD Scoping Session:
Attorney Folmer apprised the Board that comments regarding the Wal-Mart Supercenter
DEIS must be submitted or postmarked by May 20th, 2005. Any correspondence received will
be filed with the Town Clerk on the 24th and available for public review.
Robert Rhodes questioned whether a Moratorium on PUD's would affect the current
PUD application made by Wal-Mart.
Attorney Folmer apprised Mr. Rhodes the Moratorium would have to be adopted by local
law, which would be effective when filed with the Secretary of State. The Moratorium would be
effective until the PUD regulations are revised and finalized, which would also be done by local
law. The current Wal-Mart Supercenter PUD application would not be affected by the
Moratorium.
Building Height Requirements:
Attorney Folmer requested the Board schedule a public hearing for June lst, 2005 at 7:00
p.m. for consideration of the proposal regarding residential building height requirements. He
reported that he received responses from the Cortlandville Fire Department, Homer Fire
Department, and the McGraw Fire Department as suggested by the Cortland County Planning
Department.
RESOLUTION #110 SCHEDULE PUBLIC HEARING FOR LOCAL LAW — 2005
REGARDING RESIDENTIAL
BUILDING HEIGHT REQUIREMENTS
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for June Ist, 2005 at 7:00 p.m. at the
Blodgett Mills Independent Baptist Church in Blodgett Mills, New York, for Local Law — 2005,
regarding residential building height requirements.
RESOLUTION #111 SCHEDULE PUBLIC HEARING FOR AQUIFER
PROTECTION PERMIT SUBMITTED BY WHELAN &
CURRY CONSTRUCTION CO. INC. FOR BESTWAY
ENTERPRISES FOR JUNE 1, 2005
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for June 1, 2005 at 7:00 p.m. at the
Blodgett Mills Independent Baptist Church in Blodgett Mills, New York, for the Aquifer
Protection Permit application submitted by Whelan & Curry Construction Co. Inc., for property
owned by Bestway Enterprises, located off of Luker Road, tax map #85.20-01-35.200.
Councilman Testa made a motion, seconded by Councilman Rocco, to receive and file
correspondence from Attorney Folmer to Lawrence Petrie of the McGraw Fire Department,
regarding residential building height limits. All voting aye, the motion was carried.
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MAY 18, 2005 TOWN BOARD MEETING PAGE 20
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file
correspondence from Attorney Folmer to Dave Dennison of the Cortlandville Fire Department,
regarding residential building height limits. All voting aye, the motion as carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Attorney Folmer to John Ryan of the Cortlandville Fire Department,
regarding residential building height limits. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Richard Benchley, President/CEO of the J.M. Murray Center,
regarding the Zoning Text Amendment. All voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file
correspondence from CAPE Executive Board Members regarding the Zoning Text Amendment.
All voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file
correspondence from the New York State Town Clerks Association, Inc. regarding Town Clerk
Karen Q. Snyder's prestigious Certification as Registered Municipal Clerk. All voting aye, the
motion was carried.
Supervisor Thorpe praised Town Clerk Snyder for her achievement and commented that
the Board is very proud of her.
Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file
the Drainage Improvement Feasibility Study for NYS Route 281/Renaissance/Bell Drive
prepared by Clough, Harbour & Associates. All voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and
file correspondence from Dr. Arthur and Dr. Patricia Shedd, regarding the Zoning Text
Amendment. All voting aye, the motion was carried.
Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and
file correspondence from John Shehadi, Fiscal Advisors & Marketing, Inc., regarding the Bond
Anticipation Note for the Highland Road Sewer Improvement Project. All voting aye, the
motion was carried.
RESOLUTION #112 AUTHORIZE TOWN JUSTICE TO ENGAGE THE SERVICES
OF PORT, KASHDIN & McSHERRY TO CONDUCT AN
AUDIT OF THE 2004 COURT RECORDS
Motion by Councilman Pilato
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Justice to
engage the services of Port, Kashdin & McSherry to conduct an audit of the 2004 Town Court
accounting records.
Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file
correspondence from Jo Schaffer regarding big box construction. All voting aye, the motion was
carried.
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file
correspondence from the City of Cortland Planning Commission opposing the development of
the proposed Wal-Mart Supercenter PUD. All voting aye, the motion was carried.
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MAY 18, 2005 TOWN BOARD MEETING PAGE 21
Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and
file the "Memorandum and Resolution adopting 16 NYCRR Parts 890 through 899" from the
Public Service Commission regarding Cable TV. All voting aye, the motion was carried.
Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and
file the SEAR Positive Declaration - Notice of Intent to Prepare a Draft GEIS Determination of
Significance for the Build Now -NY Business Park, from the Cortland County Industrial
Development Agency. All voting aye, the motion was carried.
Supervisor Thorpe questioned whether there was any other business to come before the
Board.
On a final note, Councilman Rocco praised Councilman Pilato for his years of hard work
and dedication to the Town and its citizens, and stated it was an honor to work with him. In
honor of Councilman Pilato, he suggested Supervisor Thorpe proclaim the rest of the week as
John J. Pilato, Sr. week.
Supervisor Thorpe suggested the rest of the month be designated as John J. Pilato, Sr.
month.
RESOLUTION #113 PROCLAIM THE MONTH OF MAY 2005
AS JOHN J. PILATO, SR. MONTH
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby proclaim the remainder of the month of May
2005 as John J. Pilato, Sr. month, in honor of his hard work and dedication to the Town of
Cortlandville as Town Councilman.
No further comments or discussion were heard.
Councilman Pilato made a motion, seconded by Councilman Rocco, to recess the Regular
Meeting to an Executive Session. All voting aye, the motion was carried.
The meeting was recessed at 6:15 p.m.
The following information was received from the Supervisor's office.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the
Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was
carried.
RESOLUTION #114 AUTHORIZE TOWN ATTORNEY TO PROCEED WITH
ARRANGEMENTS TO PURCHASE PROPERTY LOCATED
ON FAIRVIEW DRIVE OWNED BY BARLYN REALTY, LLC
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Town Attorney to proceed with
arrangements to purchase property located on Fairview Drive from Barlyn Realty, LLC, tax map
#95.00-05-05.120.
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MAY 18, 2005 TOWN BOARD MEETING PAGE 22
353
RESOLUTION #115 ESTABLISH HOMEOWNER PARTICIPATION AS 30% OF
REPAIR COSTS FOR WORK THAT IS TOWN
RESPONSIBILITY
Motion by Councilman Pilato
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby establish homeowner participation as 30% of
the total repair cost for work that is Town responsibility.
RESOLUTION #116 AUTHORIZE SUPERVISOR TO ISSUE PAYMENT TO CEO
BRUCE WEBER FOR ACCRUED UNUSED
VACATION DAYS
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, a request has been received by CEO, Bruce Weber to receive payment of his
unused vacation time, and
WHEREAS, Mr. Weber has accrued 40 1/2 unused vacation days, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to issue
payment to CEO, Bruce Weber for 40 %2 unused vacation days in the amount of $7,073.33, based
on the 2004 payroll schedule.
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 7:05 p.m.
Respectfully submitted,
aren Q. Snyder, RMC
Town Clerk
Town of Cortlandville