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JULY 20, 2005
5:00 P.M.
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AQUIFER PROTECTION PERMIT
NEW PLAN EXCEL REALTY TRUST, INC.
NYS ROUTE 281
TAX MAP #96.09-01-02.200
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 the Aquifer Protection Permit
application submitted by New Plan Excel Realty Trust, Inc., permitting the construction of an
11,550 +/- sq. ft. pharmacy/drug store with drive thru facilities (Kinney Drugs). The properly is
located on the east side of NYS Route 281, approximately 365 ft. north of McLean Road, tax
map #96.09-01-02.200.
Members present: Deputy Supervisor, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Councilman, Richard Tupper
Town Clerk, Karen Q. Snyder
Absent:
Supervisor, Raymond Thorpe
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Planning
Board member, Nick Renzi; Chuck Feiszli from Resource Associates; former Councilman, John
J. Pilato, Sr. and his wife Betty Pilato; Jeff & Robin Clifford, 740 Bowling Green; Dr. Brian
Homan of First United Methodist Church, 734 Route 222; John Proud, 686 Sterling Park; Milt &
Sue Frary,. 744 Bowling Green; Virginia & Joseph Garvey, 754 Bowling Green; Representatives
of CAPE: Dr. Arthur & Dr. Patricia Shedd, Catherine D. Smith, and Robert Rhodes; Sharon
Stevans from Channel 2, Access TV; and News Reporter, Patrick Ruppe from the Cortland
Standard.
Deputy Supervisor Testa called the Public Hearing to order.
Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal notice.
Deputy Supervisor Testa apprised the Board that Attorney Folmer had to leave the
meeting early. The Board would therefore discuss any item on the agenda which required
Attorney Folmer to be in attendance first.
Deputy Supervisor Testa offered privilege of the floor to those in attendance.
Chuck Feiszli with Resource Associates apprised the Board the location of the proposed
Kinney Drugs was for the northwest corner of the Cortlandville Crossings parking lot. The
entrances/exits to the current shopping center off of Route 281 would be reduced from two to
one.
Councilman Rocco stated he was concerned with the proposed color scheme and
questioned whether the colors had been changed from what was originally presented (yellow and
blue).
Mr. Feiszli presented a drawing of the proposed building showing the new design and
color scheme, which was approved by the Planning Board.
Deputy Supervisor Testa questioned whether the problem regarding drainage had been
addressed.
According to Mr. Feiszli the drainage plan was presented to the Planning Board and
accepted. New Plan Excel Realty Trust, Inc. felt that it was not required, according to the
Town's Stormwater Pollution Prevention Plan, to create an entire plan for the site. Currently
there are three dry wells on the site which would be replaced. Three more dry wells would also
be added for the roof drains.
Deputy Supervisor Testa asked Planning Board member Renzi for his input.
Mr. Renzi stated that the Planning Board asked the applicant to put together a plan and
submit it to Patrick Reidy of the Cortland County Soil and Water Conservation District. The
Planning Baord wanted to make sure that the new dry wells would be sufficient.
Deputy Supervisor Testa questioned what the size of the new dry wells would be.
JULY 20, 2005 PUBLIC HEARING NO. 1 PAGE 2
3-77
Mr. Feiszli discussed the size of the new dry wells and explained that they were large
enough in size for drainage purposes.
No further comments or discussions were heard.
Councilman O'Donnell 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 5:05 p.m.
L,
376
JULY 20, 2005
5:05 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 Deputy Supervisor Testa presiding.
Members present:
Absent:
Deputy Supervisor, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Councilman, Richard Tupper
Town Clerk, Karen Q. Snyder
Supervisor, Raymond Thorpe
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Planning
Board member, Nick Renzi; Chuck Feiszli from Resource Associates; former Councilman, John
J. Pilato, Sr. and his wife Betty Pilato; Jeff & Robin Clifford, 740 Bowling Green; Dr. Brian
Homan of First United Methodist Church, 734 Route 222; John Proud, 686 Sterling Park; Milt &
Sue Frary, 744 Bowling Green; Virginia & Joseph Garvey, 754 Bowling Green; Representatives
of CAPE: Dr. Arthur & Dr. Patricia Shedd, Catherine D. Smith, and Robert Rhodes; Sharon
Stevans from Channel 2, Access TV; and News Reporter, Patrick Ruppe from the Cortland
Standard.
Deputy Supervisor Testa called the Regular meeting to order.
Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment
Form for the Aquifer Protection Permit application submitted by New Plan Excel Realty Trust,
Inc.
RESOLUTION #140 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION PERMIT #7 OF 2005 SUBMITTED BY NEW
PLAN EXCEL REALTY TRUST, INC. FOR PROPERTY
LOCATED OFF OF NYS ROUTE 281
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by New Plan Excel Realty
Trust, Inc. for property located on the east side of NYS Route 281, permitting the construction of
an 11,550 +/- sq. ft. pharmacy/drug store with drive thru facilities (Kinney Drugs), tax map
#96.09-01-02.200, 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
New Plan Excel Realty Trust, Inc., Aquifer Protection Permit #7 of 2005, shall have no
significant environmental impact.
RESOLUTION #141 AUTHORIZE DEPUTY SUPERVISOR TO SIGN SEQRA
APPLICATION OF AQUIFER PROTECTION PERMIT
#7 OF 2005
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Deputy Supervisor is hereby authorized and directed to sign the SEQRA
application relating to Aquifer Protection Permit #7 of 2005, submitted by New Plan Excel
Realty Trust, Inc.
379
JULY 20, 2005
TOWN BOARD MEETING
PAGE 2
RESOLUTION #142 APPROVE AQUIFER PROTECTION PERMIT #7 OF 2005
SUBMITTED BY NEW PLAN EXCEL REALTY TRUST, INC.
FOR PROPERTY LOCATED OFF OF NYS ROUTE 281 WITH
RECOMMENDATIONS FROM THE CORTLAND COUNTY
PLANNING BOARD
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, the Cortland County Planning Department and the Town Planning Board have
reviewed and recommended approval of this Aquifer Protection Permit application, and
WHEREAS, a Public Hearing was duly held by this Town Board, therefore
BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #7 of 2005,
submitted by New Plan Excel Realty Trust, Inc., for property located on the east side of NYS
Route 281, permitting the construction of an 11,550 +/- sq. ft. pharmacy/drug store with drive
thru facilities (Kinney Drugs), tax map #96.09-01-02.200, with the following recommendations
from the Cortland County Planning Board:
1. That even though this proposal would not fall under the Town's stormwater
ordinance, that new drainage structures be designed to adequately handle runoff
based on the Town's stormwater ordinance, rather than simply relocating the
existing dry wells, due to the periodic drainage problems in the shopping center
parking lot.
2. That water quality considerations be factored into the design and that the
stormwater management system be reviewed by the County Soil & Water
Conservation District.
3. The applicant obtaining a work permit from the NYS Department of
Transportation for the redesigned curb cuts onto NYS Route 281.
4. Approval of the connections to the public water and sewer, including a backflow
prevention device for the public water connection, from the County Health
Department via application to the Town.
5. The applicant demonstrating that there are unnecessary hardships in the way of
carrying out the strict letter of the Town of .Cortlandville Zoning Law as is
required before any use variance may be granted.
6. A negative declaration of environmental impact under SEQR.
AND IT IS FURTHER RESOLVED, the Deputy Supervisor is hereby authorized to sign the
permit.
Attorney Folmer reported:
Noise Ordinance:
Attorney Folmer presented Town Clerk Snyder and members of the Board with a copy of
the Noise Control Ordinance from the City of Canandaigua. He asked the Board to review the
ordinance, and explained that he would adapt it to the Town's usage. The City of Canandaigua's
ordinance is based upon the measure of sound and specifies the level of sound permitted.
Attorney Folmer apprised the Board he had information regarding a measuring device,
which would cost approximately $3,000. The Sheriff's Department would conduct training and
utilize the device to enforce the ordinance.
Councilman Rocco reminded Attorney Folmer that they initially discussed purchasing
two sound meters; one for the Sheriff's Department and one for the State Police.
Attorney Folmer apprised the Board that Supervisor Thorpe contacted the State Police
and was informed that they were not interested in acting as an enforcement agency in connection
with a Noise Ordinance.
Councilman Tupper questioned whether any other municipality in the County had a
Noise Ordinance.
Attorney Folmer was riot aware of any municipality other than the City of Cortland who
has a Noise Ordinance. However, the City measures noise in a different fashion.
360
JULY 20, 2005 TOWN BOARD MEETING PAGE 3
Attorney Folmer stated he would have a revised Noise Ordinance to give to the Board for
their review at the next meeting. The Board would have to conduct a second public hearing on
the ordinance because the measuring system is entirely different.
In addition, UnderSheriff Marty Coolidge gave Attorney Folmer a second contact person
as well as a memorandum from the Canandaigua Chief of Police indicating difficulties they've
encountered in enforcing the ordinance.
Certiorari Actions - Assessments:
Attorney Folmer apprised the Board that Town Clerk Snyder received two Petitions from
Pall Trinity Micro Corp. and K-Mart contesting the assessments of their real property for the
year of 2005 and 2006. Pall Trinity has several Petitions pending, which Attorney Folmer hoped
would be resolved in the near future.
Deputy Supervisor Testa asked former Councilman, John J. Pilato, Sr. to stand before the
Board in order to recognize him for his service to the Town. Mr. Pilato was presented with a
plaque on behalf of the Board for his years of service to the Town as Councilman from 1993-
2005, Cortlandville Park & Recreation Director from 1984-1998 and for his years as Park
Committee Member and volunteer.
Mr. Pilato thanked the Board for recognizing his service to the Town and stated it was a
privilege and an honor to work for the Town both officially and as a volunteer in the 28 years
that he has been a resident of the Town. Mr. Pilato also thanked his wife, Betty.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to approve the
Town Board Minutes of March 2, 2005 as written. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to approve the
Town Board Minutes of March 16, 2005 as written. All voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to approve the
Town Board Minutes of April 6, 2005 as written. All voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to approve the
Town Board Minutes of April 20, 2005 as written. All voting aye, the motion was carried. -
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and
file the Planning Board Minutes of April 26, 2005. All voting aye, the motion was carried.
RESOLUTION #143 AUTHORIZE PAYMENT OF VOUCHERS - JULY
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
Vouchers #350 - 383
$
22,890.91
General Fund B
B79 - B88
$
89,108.37
Highway Fund DB
D240 - D277
$
86,818.85
Water Fund
W119 - W135
$
11,745.02
Sewer Fund
S58 - S60
$
4,466.09
Trust & Agency
T8 - T8
$
34,381.97
Capital Projects
H68 - H70
$
2,248.53
Deputy Supervisor Testa offered privilege of the floor to Dr. Brian Homan.
Dr. Brian Homan from the First United Methodist Church located on NYS Route 222,
apprised the Board that in 1996 the Church relocated from the City to its current location in the
Town. The Church' has excess property available and would like to utilize it as a walking
trail/recreational facility. He apprised the Board that a Steering Committee was started, which is
made up of Church members and interested members of the community.
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JULY 20, 2005 TOWN BOARD MEETING PAGE 4
Dr. Homan presented a map of the Church property to the Board, and explained they have
already constructed a walking trail through the wooded area of the property, which has been stoned
and cut. The Church received a grant for the walking trails and also used it's own funds. In the
future the Church would like to have the trails paved.
Dr. Homan apprised the Board there are 12-acres of vacant land remaining. They spoke
with the Cortland County Youth Bureau and the Homer Soccer League regarding the need for extra
recreational fields. The Church would also like to extend the walking trail through the remaining
12-acres of land. Dr. Homan voiced his concern regarding the heavy traffic on Route 222 and
Fairview Drive. He felt it was important to have an area where people could walk and exercise
safely.
Another aspect of the project would be to utilize the available green space so that people
- from the surrounding neighborhoods could access the walking trails without having to go onto the
roadways, which was recently discussed with the Planning Board. Dr. Homan stated the walking
trail would enhance the quality of life and would also improve the value of property in the area. He
commented that people look for recreational opportunities for their families when moving into an
area.
With regard to safety, Dr. Homan stated they plan to have greenspace along the border of
the Sleepy Hollow residential area, and.a buffer between the properties. A parking area, which
would be located off of Fairview Drive, would not be paved, nor would there be lighting because
both would result in an additional cost. For safety reasons the park, and access to the park, would
be closed after a designated time (8:15 p.m.).
Councilman Rocco questioned where the buffer would be between the Church property and
the housing developments. He also questioned whether residents should be concerned that people
would walk along their property line to access the trails.
Dr. Homan stated there would be enough greenspace so that children would not be able to
run through "their neighbor's property" to access the recreational trails. The walking trail would not
go through the buffer zone.
John Proud, of 686 Sterling Park, apprised the Board that although he is not a member of the
Church he is working with the Church on the project for the walking trails. He stated there was
potential to work with the developer of the new subdivision (Karl Ochs) to include the walking trail
and greenspace in the plans.
Deputy Supervisor Testa questioned whether the Church notified its neighbors regarding the
plans for the walking trail.
Dr. Homan apprised the Board that on July 10, 2005 the Church mailed out invitations for a
neighborhood block party to residents of the surrounding neighborhoods to discuss the plans for the
trail; to look at the existing walking trail; and to see the borders of the land. Dr. Homan apprised the
Board the Church also conducted a survey to assess what the needs and concerns are so that they
may all be addressed.
Mr. Proud commented that the walking trails would be a safe way for walkers to access
other developments. Mr. Proud mentioned the use of Town right-of-ways between the
developments for the walking trails.
Deputy Supervisor Testa questioned whether they- were looking for the Town to deed
property or grant easements for the walking trail.
Highway Sup't. Bush interjected and stated easements would not be necessary, however
permission to use Town property would be.
Dr. Homan agreed that formal permission would be needed. He stated that they would like
to have a 6 foot paved walkway to the paved walking trail. Another option would be an unpaved
walkway between houses.
Deputy Supervisor Testa requested Dr. Homan submit something in writing which the
Board would forward to the Town Attorney. He stated the Town would probably be able to
participate with in -kind services.
Councilman Rocco asked those in attendance whether all of their questions had been
answered.
Jeff Clifford of Bowling Green requested an explanation of the plan for the recreational
fields.
Dr. Homan stated they invited Homer Soccer and the Youth Bureau to converse with them
regarding a possible soccer field and baseball field. Through a contract with the Church, both
organizations would help with insurance and the maintenance of the fields. Little league and high
school groups would be targeted. He explained that the Church's main concern is to provide a safe
place for people to walk even if the ball fields are not created.
Planning Board member, Nick Renzi apprised Dr. Homan that in order to involve the Town
in the project they should establish a firm drawing of the project to present rather than only having a
concept for the project.
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JULY 20, 2005 TOWN BOARD MEETING PAGE 5
Deputy Supervisor Testa concurred with Mr. Renzi's suggestion to present a design of
the project. He also questioned whether they planned to work on the project in phases.
Dr. Homan stated that Phase I, to create the walking trail on Church property, was funded
by the Church and the grant it received. Phase II was in discussion. He agreed that a design of
the project was necessary. However, the initial design would cost money, as would a redesign of
the project. By communicating with the Town Board, Planning Board, and the community they
hoped to address all needs and concerns prior to creating a design of the project.
Mr. Clifford stated he would be in favor of the ball fields if the majority of the
community were in favor. On the other hand, he stated that people value their privacy and would
not like walking trails to cut through their property. Mr. Clifford felt that the people who would
have to grant permission for their land to be used should be given the most consideration
regarding the placement of the trails.
Councilman Rocco assured Mr. Clifford that nobody would walk through his property or
anyone else's without permission.
Mr. Clifford questioned who would have access and the right to use the walkway:
members of the Church, residents of surrounding neighborhoods, any person in the County? He
felt there was potential for the walking trail to be very popular and attract many people, which
would be a concern to the neighborhood residents.
Dr. Homan stated the only access to the current walkway is through Church property. He
stated there is no plan to infringe upon any private property. The walkway is open for use by
anyone. The buffer would prevent people from walking through private property to access the
trail.
Deputy Supervisor Testa thanked Dr. Homan for addressing the Board. He suggested
that the Church and Steering Committee present a plan "in black and white" to the Board.
Dr. Homan reiterated that once all of the needs and concerns were addressed a plan
would be designed.
Councilman Rocco questioned whether there were any more comments or concerns
regarding the walking trail.
A woman in attendance questioned whether there was any consideration for a fence to be
installed around the buffer area.
Dr. Homan indicated there was no plan for a fence, other than where the parking area
would be.
Deputy Supervisor Testa suggested they speak with the head of the recreation department
for the City of Cortland, as well as to indicate the number of recreational fields planned.
Councilman Rocco questioned Dr. Homan how concerned or interested citizens could
contact him to discuss the plans.
Dr. Homan apprised the Board another meeting would be held at the First United
Methodist Church on Route 222 on July 26, 2005 at 6:30 p.m.
An unidentified man in attendance questioned whether there was really a need for more
ball fields when there are already several parks and ball fields in the Town, and questioned how
many people would actually use the park.
Councilman Rocco stated he "was thinking of the neighborhood kids.... This is an
opportunity to have a park where you can walk without having your mother or father drive you
to it."
Deputy Supervisor Testa thanked Dr. Homan for his presentation and closed discussion
on the issue.
RESOLUTION #144 ACKNOWLEDGE RECEIVING "NOTICE OF PETITION" FOR
REVIEW OF ASSESSMENTS
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the
"Notice of Petition" regarding their current assessments from the following:
Pall Trinity Micro Corp.
KMART Corporation
Tax Map #'s:
Tax Map #
95.00-05-13.000
95.12-01-07.000
95.20-01-03.111
383
JULY 20, 2005 TOWN BOARD MEETING PAGE 6
Monthly reports of the Supervisor and the Town Clerk for the month of June 2005 were
on the table for review and are filed in the Town Clerk's office.
RESOLUTION #145 ACCEPT RESIGNATION OF SALLY BOICE AS CLERK FOR
THE TOWN JUSTICE AND TOWN CLERK
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby accept the resignation of Sally Boice as Clerk
for the Town Justice and Town Clerk effective July 8, 2005.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and
file correspondence from Mary A. Miner regarding the proposed Super Wal-Mart PUD. All
voting aye; the motion was carried.
RESOLUTION #146 AUTHORIZE EXPENDITURE OF NO MORE THAN $3000 TO
PURCHASE A DECIBEL METER CONTINGENT ON THE
ADOPTION OF A LOCAL LAW - NOISE ORDINANCE
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the expenditure of no more than
$3000 to purchase a Decibel Meter to measure noise, contingent upon the adoption of a Local
Law for the Town of Cortlandville — Noise Ordinance.
Deputy Supervisor Testa apprised the Board a letter was drafted regarding the recent
pedestrian/motor vehicle accident on McLean Road near the intersection of Route 13, which
would be sent to Senator Seward and Assemblywoman Barbara Lifton. He apprised Councilman
Tupper and those in attendance of the history regarding the Town's past requests to the NYS
DOT to reevaluate the dangerous intersection.
Councilman Rocco read the letter aloud to the members of the Board.
Deputy Supervisor Testa urged the Board to review the information submitted regarding
a Noise Ordinance and to contact Attorney Folmer to address any issues.
Councilman Rocco stated the decibel meter would give Attorney Folmer some clout from
a scientific standpoint, which could hold up in court.
Councilman Tupper commented that defining noise may be difficult. He used his
neighbor as an example, who is a farmer and cuts hay behind his home.
Councilman O'Donnell made a motion, seconded by Councilman Tupper to receive and
file correspondence from Marie Kautz, 3283 Walden Oaks Blvd., dated July 20, 2005, regarding
the proposed Super Wal-Mart PUD. All voting aye, the motion was carried.
No further comments or discussion were heard.
Councilman O'Donnell 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.
364
JULY 20, 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 Rocco made a motion, seconded by Councilman O'Donnell, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 6:20 p.m.
Respec fully submitted,
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville
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