HomeMy WebLinkAbout06-15-20053 Z.
JUNE 15, 2005
5:00 P.M.
PUBLIC HEARING NO. 1
LOCAL LAW - 2005
ZONING TEXT AMENDMENT
RESIDENTIAL BUILDING HEIGHT
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 a Local Law regarding Residential
Building Height.
Members present:
Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Councilman, Richard Tupper
Town Clerk, Karen Q. Snyder
Others present were: Town Attorney, John Folmer; Planning Board member, Nick Renzi;
Attorney Kelly Pronti from Harter, Secrest & Emery, LLP representing Wal-Mart; Todd Markevicz
from APD Engineering representing Wal-Mart; Representatives of CAPE: Dr. Arthur and Dr.
Patricia Shedd, Richanna Patrick; Richard Buttny, John Carroll, Jamie Dangler, Robert Rhodes;
Elizabeth Classen Ambrose, 1199 DaVinci Drive; Pamela and William Raney, 4436 Raphael Drive;
Jo Schaffer representing the City of Cortland Planning Commission; Roger Whelan from Whelan &
Curry Construction Services, Inc.; Tom Pasquarello, 743 Sleepy Hollow; Sharon Stevans from
Channel 2, Access TV; 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 those in attendance.
Pamela Raney of 4436 Raphael Drive read a statement aloud supporting the Zoning Text
Amendment - Residential Building Height, which would allow residential height restrictions to
be set at 35 feet on parcels less than an acre, and 40 feet on parcels more than an acre. Mrs.
Raney read aloud the names of the thirty-four residents who signed a petition in support of the
Zoning Text Amendment. Mrs. Raney submitted the petition to the Board to be received and
filed.
Supervisor Thorpe offered privilege of the floor to Nick Renzi.
Planning Board member, Nick Renzi, read aloud a prepared statement regarding the
proposed Zoning Text Amendment - Residential Building Height. In his statement, Mr. Renzi
documented the actions that led up to the public hearing citing five main points. He questioned
why the Zoning Board of Appeals would recommend an increase in residential height up to 40
feet "when the most prominent builder, Barden Homes, who has had the majority of problems
with the 30 foot limit requested only 36 feet." Mr. Renzi thanked Doug Staley for his comments
regarding the ability to fight fires at certain building heights.
Supervisor Thorpe offered privilege of the floor to Elizabeth Classen Ambrose.
Elizabeth Classen Ambrose of 1199 Davinci Drive read a letter aloud written by
Contractor, Michael May who could not attend the public hearing. Mr. May requested the Board
"tie the building height requirements to lot size and set back distances rather than one arbitrary
height." He commented that a 40 foot height limitation would be less imposing on a 3 acre lot
with setbacks in excess of 100 feet, than a 30 foot height on a minimum lot size with minimum
setbacks. In his correspondence Mr. May stated the ordinance should "balance creative freedom
of design with infringing on the site lines of adjacent residences."
No further comments or discussions were heard.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to close the
Public Hearing. All voting aye, the motion was carried.
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The Public Hearing was closed at 5:10 p.m.
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JUNE 15, 2005
5:10 P.M.
PUBLIC HEARING NO. 2
AQUIFER PROTECTION PERMIT
WHELAN & CURRY CONSTRUCTION SERVICES, INC.
FOR BESTWAY ENTERPRISES, INC.
LUKER ROAD
TAX MAP #85.20-01-35.200
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 Whelan & Curry Construction Services, Inc. for Bestway Enterprises
permitting the construction of two 12,000 sq. ft. buildings for unheated lumber storage. The
property is located on the northwest side of Luker Road, approximately 2,000 ft. southwest of
NYS Route 281, tax map #85.20-01-35.200.
Members present: Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Councilman, Richard Tupper
Town Clerk, Karen Q. Snyder
Others present were: Town Attorney, John Folmer; Planning Board member, Nick Renzi;
Attorney Kelly Pronti from Harter, Secrest & Emery, LLP representing Wal-Mart; Todd Markevicz
from APD Engineering representing Wal-Mart; Representatives of CAPE: Dr. Arthur and Dr.
Patricia Shedd, Richanna Patrick; Richard Buttny, John Carroll, Jamie Dangler, Robert Rhodes;
Elizabeth Classen Ambrose, 1199 DaVinci Drive; Pamela and William Raney, 4436 Raphael Drive;
Jo Schaffer representing the City of Cortland Planning Commission; Roger Whelan from Whelan &
Curry Construction Services, Inc.; Tom Pasquarello, 743 Sleepy Hollow; Sharon Stevans from
Channel 2, Access TV; 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 those in attendance.
Planning Board member, Nick Renzi apprised the Board the Planning Board
recommended approval of the Aquifer Protection Permit subject to the conditions set forth by the
Cortland County Planning Board.
No further comments or discussions were heard.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to close the
Public Hearing. All voting aye, the motion was carried.
The Public Hearing was closed at 5:12 p.m.
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JUNE 15, 2005
5:15 P.M.
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Town
Hall, 3577 Terrace Road, Cortland, New York, with Supervisor Thorpe presiding.
Members present: Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Councilman, Richard Tupper
Town Clerk, Karen Q. Snyder
Others present were: Town Attorney, John Folmer; Planning Board member, Nick Renzi;
Attorney Kelly Pronti from Harter, Secrest & Emery, LLP representing Wal-Mart; Todd
Markevicz from APD Engineering representing Wal-Mart; Representatives of CAPE: Dr. Arthur
and Dr. Patricia Shedd, Richanna Patrick; Richard Buttny, John Carroll, Jamie Dangler, Robert
Rhodes; Elizabeth Classen Ambrose, 1199 DaVinci Drive; Pamela and William Raney, 4436
Raphael Drive; Jo Schaffer representing the City of Cortland Planning Commission; Roger
Whelan from Whelan & Curry Construction Services, Inc.; Tom Pasquarello, 743 Sleepy
Hollow; News Reporter Sharon Stevans from Channel 2, Access TV; and News Reporter,
Patrick Ruppe from the Cortland Standard.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file a petition submitted by Pamela Raney of 4436 Raphael Drive, which was signed by thirty-
four residents of the Town in support of the proposed Zoning Text Amendment — Residential
Building Height. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Planning Board member, Nick Renzi regarding the proposed Zoning
Text Amendment — Residential Building Height. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Michael May dated February 15, 2005, in support of the proposed
Zoning Text Amendment — Residential Building Height. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file
the Zoning Board of Appeals Minutes of April 26, 2005. All voting aye, the motion was carried.
RESOLUTION #125 AUTHORIZE PAYMENT OF VOUCHERS - JUNE
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
Vouchers #297 - 320
$ 20,786.24
General Fund B
B63 - B70
$ 11,454.21
Highway Fund DB
D190 - D210
$ 61,640.29
Water Fund
W 104 - W 110
$ 40,957.14
Sewer Fund
S50 - S52
$119,322.80
Capital Projects
H62 - H66
$233,055.83
Supervisor Thorpe offered privilege of the floor to those in attendance.
Councilman Rocco apprised the Board that former Town Justice, Mardis Kelsen is
having a benefit for the Lamont Memorial Library. The benefit would be held Saturday, June
18, 2005 at her home in McGraw.
Councilman Rocco apprised the Board the United Methodist Church on NYS Route 222
is holding a meeting June 15, 2005 at 6:30 p.m. regarding the construction of a proposed walking
trail, which would connect neighborhoods surrounding the Church.
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JUNE 15, 2005 TOWN BOARD MEETING PAGE 2
Monthly reports of the Supervisor and the Justice for the month of May 2005 were on the
table for review and are filed in the Town Clerk's office.
Town Clerk Snyder apprised the Board she was in receipt of correspondence from the
New York State Department of Transportation (DOT) regarding a public outreach meeting to
discuss the State's planned projects to be commenced between the years 2005-2010. The
outreach meeting would be held at the Cortlandville Fire Station meeting room located at 999
NYS Route 13, on June 28, 2005 at 10:00 a.m.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from the New York State Department of Transportation regarding a public
outreach meeting to be held June 29, 2005 at 10:00 a.m. at the Cortlandville Fire Department.
All voting aye, the motion was carried.
Attorney Folmer and the Board conducted the SEQR Short Environmental Assessment
Form for Local Law - 2005, Residential Building Height. In their review, the Board declared
there is controversy related to potential adverse environmental impacts, as questions have been
raised relating to fire protection.
RESOLUTION #126 DECLARE NEGATIVE IMPACT FOR
LOCAL LAW NO. 1 OF 2005
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short
Environmental Assessment Form for Local Law — 2005, therefore
BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare that Local Law No. 1
of 2005, Zoning Text Amendment - Residential Building Height, shall have no significant
environmental impact.
RESOLUTION #127 ADOPT LOCAL LAW NO. 1 OF 2005, ZONING TEXT
AMENDMENT — RESIDENTIAL BUILDING HEIGHT
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL 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 Code 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 No. 1 of 2005, entitled "Zoning Text Amendment - Residential Building
Height," 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.
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JUNE 15, 2005 TOWN BOARD MEETING PAGE 3
Be it enacted by the Town Board of the Town of Cortlandville as follows:
Section 1. The Bulk Regulations relating to residences in R-1 Zones are amended to
provide that residential height shall be no more than 35 feet on parcels of one acre or less,
and 40 feet on parcels greater than one acre. Height shall be measured in accordance
with the provisions of this ordinance..
Section 2. Section 178-54 (b)(3)(c) entitled Development Regulation is amended to
read as follows:
The total allowable density increase shall not exceed that permitted in the
R-3 District by right. Residential building height shall be no more than 35
feet on parcels of one acre or less and 40 feet on parcels greater than one
acre.
Section 3. Any provision of any Local Law or Ordinance which is in conflict with
the provisions hereof is hereby repealed.
Section 4. This Local Law shall be effective as of the date of its filing with the
Secretary of the State of New York as provided by law.
Attorney Folmer and the Board conducted the SEQR Short Environmental Assessment
Form for the Aquifer Protection Permit submitted by Whelan & Curry Construction Services,
Inc. for Bestway Enterprises, Inc., for property located off of Luker Road.
RESOLUTION #128 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION PERMIT #6 OF 2005 SUBMITTED BY
WHELAN & CURRY CONSTRUCTION SERVICES, INC. FOR
BESTWAY ENTERPRISES, INC. FOR PROPERTY LOCATED
OFF OF LUKER ROAD
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by Whelan & Curry
Construction Services, Inc. for Bestway Enterprises, Inc. for property located on the northwest
side of Luker Road, permitting the construction of two 12,000 sq. ft. buildings for unheated
lumber storage, tax map #85.20-01-35.200, 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
Bestway Enterprises; Inc., Aquifer Protection Permit #6 of 2005, shall have no significant
environmental impact.
RESOLUTION #129, AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION
OF AQUIFER PROTECTION PERMIT #6 OF 2005
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA
application relating to Aquifer Protection Permit #6 of 2005, submitted by Whelan & Curry
Construction Services, Inc. for Bestway Enterprises, Inc.
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JUNE 15, 2005
TOWN BOARD MEETING
PAGE 4
RESOLUTION #130 APPROVE AQUIFER PROTECTION PERMIT #6 OF 2005
SUBMITTED BY WHELAN & CURRY CONSTRUCTION
SERVICES, INC. FOR BESTWAY ENTERPRISES, INC. FOR
PROPERTY LOCATED OFF OF LUKER ROAD SUBJECT TO
CONDITIONS
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, the Cortland County Planning Department and the Town Planning Board have
reviewed and recommended approval of this Aquifer Protection Permit application, and
WHEREAS, a Public Hearing was duly held by this Town Board, therefore
BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #6 of 2005,
submitted by Whelan & Curry Construction Services for Bestway Enterprises, Inc., for property
located on the northwest side of Luker Road, permitting the construction of two 12,000 sq. ft.
buildings for unheated lumber storage, tax map #85.20-01-35.200, subject to the following
conditions:
1. Town Highway Superintendent's approval of the driveway entrance onto Luker
Road, including details of construction.
2. The proposed easement over the neighboring property being written into the
deeds of both properties to insure perpetual use of this access.
3. The preparation and approval of a stormwater pollution prevention plan as the site
would encompass more than 10,000 sq. ft. of impervious surface as per the
Town's stormwater ordinance and there would be over one acre of land disturbed
as per the NYS Phase II stormwater regulations. A Notice of Intent would also be
required to be filed with the NYS Department of Environmental Conservation
(DEC) per the NYS Phase II stormwater regulations. The stormwater pollution
prevention plan should include the following:
a. The effectiveness of the infiltration trenches particularly during the end of the
winter period when the trenches may be somewhat frozen over during periods
of high runoff.
b. Assurance as to the percolation rates of the material surrounding the trenches.
4. A negative declaration of environmental impact under SEQR.
AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit.
Attorney Folmer reported:
Local Law — 2005, Zoning Text Amendment:
Attorney Folmer apprised the Board that under Item H-6 of the agenda, the Board would
be receiving and filing correspondence from Attorney Daniel Hoffinan dated June 10, 2005. In
his correspondence Attorney Hoffman raised some questions regarding Local Law — 2005,
Zoning Text Amendment. Attorney Folmer apprised the Board that he and Town Clerk Snyder
would compile the appropriate documentation and respond to Attorney Hoffman's questions.
Wal-Mart Supercenter PUD:
Attorney Folmer apprised the Board they were in receipt of the Final Scoping Document
for the Wal-Mart Supercenter PUD, which was prepared by Clough, Harbour & Associates. The
purpose of the Final Scoping Document is to advise the applicant of the issues that they must
address in their DEIS. Copies of the Final Scoping Document would be given to the applicant,
who will then prepare the DEIS and submit it to the Board. The Town's consultants would then
determine whether or not it is complete and has addressed each and every item raised in the Final
Scoping Document.
Attorney Folmer informed the Board there are time limits involved for the Board to
submit a Final Scoping Document, while the applicant has as much time as they need to prepare
the DEIS.
JUNE 15, 2005 TOWN BOARD MEETING PAGE 5
Attorney Folmer requested the Board adopt a resolution indicating that the Final Scoping
Document dated June 15, 2005 is in fact the Final Scoping Document for SEQR purposes.
Councilman Rocco interjected and requested the Board take a closer look at the traffic
issue, and the impact traffic would have on specific roads and intersections, which were not
mentioned in the Scoping Document. He felt there would be a dramatic increase in traffic at the
intersection of Route 281 and Route 222; the intersection of Route 222 and Fairview Drive; and
at the intersection of Fairview Drive and McLean Road. Councilman Rocco stated the impact
the traffic would have on the surrounding neighborhoods should be part of the traffic study.
James Trasher of Clough, Harbour & Associates apprised the Board he spoke with
Councilman Rocco over the phone to discuss his concerns. He suggested the Board add the
following to the Scoping Document under section E. Traffic and Site Access:
9. Route 222/Route 281
10. Route 222/Fairview Drive/McLean Road
Town Clerk Snyder suggested the Board add McLean Road, Stupke Road, and Lime
Hollow Road to the traffic study. The Board concurred and added the following to the Scoping
Document:
11. McLean Road/Stupke Road/Lime Hollow Road
Councilman Rocco raised one last traffic concern to add to the Scoping Document, which
was the intersection of Luker Road and McLean Road. A gentleman in attendance suggested the
Board add the intersection of Route 281 and Luker Road to the study as well, pointing out that
the intersection does not have a traffic light. The following was added to the Scoping Document:
12. Route 281/Luker Road/McLean Road
No further additions were made to the Scoping Document. Attorney Folmer suggested
the Board adopt a resolution accepting the Scoping Document as the Final Scoping Document
with additions.
RESOLUTION #131 ACCEPT FINAL SCOPING DOCUMENT — DRAFT
ENVIRONMENTAL IMPACT STATEMENT FOR WAL-MART
SUPERCENTER PUD DATED JUNE 15, 2005 WITH
ADDITIONS
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby accept the Final Scoping Document — Draft
Environmental Impact Statement (DEIS) for Wal-Mart Supercenter PUD dated June 15, 2005,
submitted by the Town's engineering firm Clough, Harbour & Associates, with the following
additions to Section E. Traffic and Site Access:
9. Route 222/Route 281
10. Route 222/Fairview Drive/McLean Road
11. McLean Road/Stupke Road/ Lime Hollow Road
12. Route 281 /Luker Road/McLean Road
Attorney Folmer apprised the Board the applicant must now address each item raised in
the Final Scoping Document. Once the applicant submits the DEIS, the Town has a certain
period of time to determine whether they consider the DEIS complete. The term `complete'
means that every item has been identified and discussed within the document. It does not mean
that the items in the Final Scoping Document have been solved.
Attorney Folmer requested the Board recess to an Executive Session to discuss a
personnel matter at the end of the Regular Meeting.
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JUNE 15, 2005 TOWN BOARD MEETING PAGE 6
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Congressman Sherwood Boehlert regarding the Cortlandville Starr
Road Park & Recreation Center. All voting aye, the motion was carried.
Councilman Tupper made a motion, seconded by Councilman Testa, to receive and file
correspondence from Senator James Seward regarding the Cortlandville Starr Road Park &
Recreation Center. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Scott Steve, Chairman of the Cortland County Legislature, regarding
the Cortlandville Starr Road Park & Recreation Center. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Attorney Daniel Hoffman of LoPinto, Schlather, Solomon & Salk
regarding Local Law No. 1 of 2005 — Zoning Text Amendment. All voting aye, the motion was
carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from John Helgren, Cortland County Health Department, regarding the
SEQR process for the proposed Wal-Mart Supercenter PUD. All voting aye, the motion was
carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Robert Moore, NYS Environmental Facilities Corporation, regarding
funding for the Highland Road Sewer Improvement Project. All voting aye, the motion was
carried.
RESOLUTION #132 REFER CODE VIOLATION OF BRADLEY ECKERT FOR
PROPERTY LOCATED AT 737 SLEEPY HOLLOW ROAD TO
THE TOWN ATTORNEY FOR REVIEW AND AUTHORIZE
HIM TO PROCEED AS REQUIRED
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the code violation of Bradley Eckert for property located at 737 Sleepy
Hollow Road, Cortland, New York, is hereby referred to the Town Attorney for review, and it is
further
RESOLVED, the Town Attorney is hereby directed to proceed with compliance, as required.
Supervisor Thorpe questioned whether there was anything further to come before the
Board.
With regard to the Bell Drive Drainage Project, Councilman Testa apprised the Board
that he, Councilman O'Donnell, James Trasher of Clough, Harbour & Associates, the President
of the Cortland Country Club, and several Bell Drive residents met to discuss the improvements
for drainage.
James Trasher apprised the Board that the Country Club is willing to help the Town with
the project.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to recess the
Regular Meeting to an Executive Session. All voting aye, the motion was carried.
The meeting was recessed at 5:39 p.m.
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JUNE 15, 2005
TOWN BOARD MEETING
PAGE 7
The following information was received from the Supervisor's office.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to adjourn the
Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was
carried.
No action was taken.
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 5:47 p.m.
Respe tfully submitted,
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville
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