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HomeMy WebLinkAbout12-07-2005DECEMBER 07, 2005 7:00 P.M. LJ 1 1 PUBLIC HEARING NO. 1 LOCAL LAW OF 2005 ZONE CHANGE N.C.W.P., LLC. NYS ROUTE 13 TAX MAP #95.00-10-11.100 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning a Zone Change request by N.C.W.P., LLC. to re-classify and re -designate a 26.04+/- acre parcel located off of NYS Route 113 in the Town of Cortlandville from I-2 General Industrial to B-3 Planned Commercial Business, tax map #95.00-10-11.100. Members present: Supervisor, Richard Tupper Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Proud Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Planning Board Members, Nick Renzi and James Bugh; James Trasher of Clough, Harbour & Associates; David Yaman of David Yaman Real Estate; Matt Neuman and Michael Chernago representing N.C.W.P., LLC.; Bernie Thoma from Thoma Development Consultants; Representatives of C.A.P.E.: Grace Meddaugh, Ron Powell, and Dr. Robert Rhodes; Sharon Stevans from Channel 2, Access TV; and News Reporter, Jeremy Boylan from the Cortland Standard. Supervisor Tupper called the Public Hearing to order. Town Clerk, Karen Q. Snyder read aloud the legal notice as published, posted and filed. Supervisor Tupper offered privilege of the floor to those in attendance. Ron Powell, a representative of C.A.P.E., questioned how the Board could conduct a public hearing for a zone change when a developer was not identified for the site. Michael Chernago, representing the applicant N.C.W.P., LLC., apprised those in attendance that the 26.04+/- acre parcel was once part of the parcel owned by S.C.W.P., which was the former Smith Corona building. Currently, S.C.W.P. and the J.M. Murray Center are zoned I-2 General Industrial. Mr. Chernago commented that the 26.04+/- acre parcel would be developed in the future, and noted that there are interested parties and developers in the land. Dr. Robert Rhodes, also a representative of C.A.P.E., questioned how the Board could discuss a zone change when litigation is pending regarding the current Zoning Law. Attorney Folmer apprised those in attendance that litigation regarding the enactment of the current Zoning Law was pending before the court. However, he explained that the Town's Zoning Ordinance is in effect today since a determination has yet to be made. The applicant has to decide whether or not it wants to take the risk of having the parcel rezoned to a classification that would not exist if the court rules that the Zoning Law is invalid. Regarding Mr. Powell's concern, Attorney Folmer reminded the Board they approved a zone change in the past, which resulted in the gas station/convenience store application and lawsuit with Rerob, LLC. While the Board has the right to ask the applicant whatever questions it wants, there is no requirement that the applicant disclose the name of the developer. Matt Neuman, representing the applicant, requested the Board adopt a resolution approving the zone change. Attorney Folmer questioned what the Planning Boards recommended regarding the zone change application. Planning Board member, Nick Renzi apprised the Board that both the Town and County Planning Boards recommended approval of the zone change. David Yaman, of David Yaman Real Estate, apprised the Board he has been working with the people who have an interest in purchasing the property. He reminded those in attendance that the developer must go before the Planning Board for approval of permits regardless of what is planned for the parcel. Mr. Yaman commented that the present issue is whether the parcel should be zoned General Industrial or Planned Commercial Business. 5-6 DECEMBER 07, 2005 PUBLIC HEARING NO. 1 PAGE 2 Planning Board member Nick Renzi questioned why the applicant would want a zone change from General Industrial to Planned Commercial Business when there is more flexibility with an Industrial classification. Attorney Folmer questioned whether the applicant reviewed the Town's old zoning ordinance and map to see what the parcel was previously zoned in the event that the current ordinance is declared to be invalid. According to Mr. Chemago the parcel would be zoned Industrial according to the old law and map. Mr. Powell encouraged the Board to take a look at the effect the proposed zone change would have on the residents of the County, including impacts on the aquifer and traffic. No further comments or discussions were heard. Councilman Rocco made a motion, seconded by Councilman Testa, to close the public hearing. All voting aye, the motion was carried. The Public Hearing was closed at 7:15 p.m. 1 E DECEMBER 07, 2005 7:15 P.M. y51. 1 1 1 TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with Supervisor Tupper presiding. Members present: Supervisor, Richard Tupper Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Proud Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Planning Board Members, Nick Renzi and James Bugh; James Trasher of Clough, Harbour & Associates; David Yaman of David Yaman Real Estate; Matt Neuman and Michael Chernago representing N.C.W.P., LLC.; Bernie Thoma from Thoma Development Consultants; Representatives of C.A.P.E.: Grace Meddaugh, Ron Powell, and Dr. Robert Rhodes; Sharon Stevans from Channel 2, Access TV; and News Reporter, Jeremy Boylan from the Cortland Standard. Supervisor Tupper called the meeting to order. Draft minutes of the Town Board meeting of November 16, 2005 were submitted to the board for their review. Councilman Testa made a motion, seconded by Councilman Rocco, to approve the Town Board Minutes of May 4, 2005 as written. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman Rocco, to approve the Town Board Minutes of June 1, 2005 as written. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman Rocco, to approve the Town Board Minutes of June 15, 2005 as written. All voting aye, the motion was carried. RESOLUTION #221 AUTHORIZE PAYMENT OF VOUCHERS — DECEMBER 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 #636 - 670 $ 34,427.01 General Fund B B138 - B144 $ 11,527.85 Highway Fund DB D461 - D487 $ 80,800.13 Water Fund W212 - W228 $ 6,751.17 Sewer Fund S 107 - S 112 $ 10,030.66 Trust & Agency T13 - T14 $ 34,281.88 Supervisor Tupper offered privilege of the floor to those in attendance Councilman Rocco apprised the Board that he and Councilman Proud attended the C&S Engineering meeting regarding the new master plan for the Cortland County Airport, which would be in front of the County Legislature at their December 8, 2005 meeting. The Town's concerns are with noise and lengthening the runway. Councilman Rocco hoped the Legislature would appoint one of the legislators who represent the Town of Cortlandville to the Transportation Committee to keep the Town informed on such topics. Councilman Proud commented that the master plan for the airport is not the plan for the future of the airport, but rather a plan for what the airport could be. He explained that the County cannot apply for funding for an item which is not include in their master plan, or rather their "wish list". Councilman Proud suggested the County work closely with the Town since the airport is located in the Town. 5 z- DECEMBER 07, 2005 TOWN BOARD MEETING PAGE 2 The monthly reports of the Town Justice and SPCA for the month of October 2005, and for the Town Clerk and the Water & Sewer Dept. for the month of November 2005, were on the table for review and are filed in the Town Clerk's Office. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Riehlman, Shafer & Shafer, Attorneys at Law, regarding the Zone Change request submitted by N.C.W.P., LLC. for property located off of NYS Route 13, tax map #95.00- 10-11.100. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file the Cortland County Planning Board Resolution #05-54 regarding the Zone Change request submitted by N.C.W.P., LLC. for property located off of NYS Route 13, tax map #95.00-10- 11.100. All voting aye, the motion was carried. There was discussion regarding the Zone Change request submitted by N.C.W.P., LLC. Attorney Folmer reiterated that if the Board approves the Zone Change request and the Town Zoning Ordinance is declared invalid, the parcel would revert back to its zoning classification of Industrial. Therefore, the applicant would be taking a risk, and may be in an awkward position because the requested zoning classification does not exist under the old ordinance. Attorney Folmer apprised the Board they had three options: grant the request, deny the request, or table the request until a decision is rendered regarding the pending litigation. RESOLUTION #222 PROCEED WITH CONSIDERATION OF THE ZONE CHANGE REQUEST SUBMITTED BY N.C.W.P., LLC. FOR PROPERTY LOCATED ON THE WEST SIDE OF NYS ROUTE 13 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, a Zone Change request was submitted by N.C.W.P., LLC. for property located on the west side of NYS Route 13, approximately %2 mile south of Lime Hollow Road, tax map 995.00-10-11.100, and WHEREAS, due to pending litigation (CAPE et. al. vs. Town of Cortlandville et. al.) regarding the enactment of the Town's Zoning Ordinance (Local Law No. 2 of 2005) a question was raised as to whether or not the Board should proceed with consideration of the request, therefore BE IT RESOLVED, it was the consensus of the Town Board to proceed with consideration of the Zone Change request submitted by N.C.W.P., LLC. Attorney Folmer and the Board reviewed the SEQR Full Environmental Assessment Form for the for the Zone Change request submitted by N.C.W.P., LLC. RESOLUTION #223 DECLARE NEGATIVE IMPACT FOR ZONE CHANGE REQUEST SUBMITTED BY N.C.W.P., LLC. FOR PROPERTY LOCATED ON THE WEST SIDE OF NYS ROUTE 13 Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a Zone Change request was submitted by N.C.W.P., LLC. for property located on the west side of NYS Route 13, approximately '/z mile south of Lime Hollow Road, tax map #95.00-10-11.100, and WHEREAS, the Town Board as Lead Agent duly reviewed and completed the Full Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare that the proposed Zone Change request shall have no significant environmental impact. 11,53 DECEMBER 07, 2005 TOWN BOARD MEETING PAGE 3 RESOLUTION #224 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION FOR THE ZONE CHANGE REQUEST SUBMITTED BY N.C.W.P.. LLC. Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is herby authorized and directed to sign the SEQRA application -relating to the Zone Change request submitted by N.C.W.P., LLC. RESOLUTION #225 ADOPT LOCAL LAW NO. 4 OF 2005 AMENDING THE ZONING LAW AND MAP OF THE TOWN OF CORTLANDVILLE FOR A ZONE CHANGE ON THE WEST SIDE OF NYS ROUTE 13 SUBMITTED BY N.C.W.P., LLC. Motion by Councilman O'Donnell 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 Ordinance of the Town of Cortlandville to reclassify tax map parcel #95.00-10-11.100 from its present I-2 General Industrial classification to a B-3 Planned Commercial Business classification, and WHEREAS, a notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 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, pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law it has been determined by the said Town Board that adoption of said proposed Local Law would not have a significant effect upon the environment and could be processed by their applicable governmental agencies without further regard to SEQRA, 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 adopts said Local Law as Local Law No. 4 of 2005, a copy of which is attached hereto and made a part hereof, and the Town Clerk be and she hereby 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: Section 1. The Town of Cortlandville Zoning Law and Map are hereby amended by this Local Law as follows: The following parcel situated on the west side of NYS Route 13 in the Town of Cortlandville identified below is hereby zoned and designated as B-3 Planned Commercial Business under the Town of Cortlandville Zoning Law and Map, subject to all regulations created and established relative to said District: Tax Map No. Address Reputed Owner 95.00-10-11.100 West Side of NYS Route 13 N.C.W.P., LLC. Town of Cortlandville, New York DECEMBER 07, 2005 TOWN BOARD MEETING PAGE 4 Section 2. All ordinances, local laws, and parts thereof inconsistent with this Local Law are hereby repealed. Section 3. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State of the State of New York as required by law. Attorney Folmer reported: Article 78 Proceeding — CAPE et. al. vs. Town of Cortlandville et. al.: Attorney Folmer reported to the Board that the CAPE litigation was argued before Judge O'Brien on December 2, 2005. Attorney Hoffman, representing CAPE and the additional petitioners, was given two weeks to submit additional information in connection with a point that Attorney Folmer suggested to the court. There is no scheduled date in which Judge O'Brien must render a decision by. Revisions to Planned Unit Development Ordinance: Attorney Folmer reminded the Board they asked Walt Kalina from Clough, Harbour & Associates to draft changes for consideration to the Planned Unit Development (PUD) Ordinance. Attorney Folmer presented the Board with copies of the draft changes and asked Town Clerk Snyder to provide copies to CEO Weber, the Planning Board and the Zoning Board of Appeals. He suggested the Board accomplish the changes to the PUD Ordinance when the CAPE litigation is complete. Zoning Violation — David Berlew: Attorney Folmer apprised the Board he received a letter from David Berlew indicating he is in compliance with the Town Zoning Law with regard to his property located on NYS Route 281. CEO Weber and Attorney Folmer would be working on the zoning violation together. Dedication of Cedar Crest Drive: Attorney Folmer reminded the Board they have been holding onto a deposit from John Murdock for the dedication of Cedar Crest Drive as a highway in the Town. The road was constructed and has been dedicated to the Town. In addition, Highway Sup't. Carl Bush agreed that the road was constructed in accordance with the Town's specifications. Attorney Folmer requested the Board adopt a resolution to accept the final portion of Cedar Crest Drive as a highway in the Town. RESOLUTION #226 ACCEPT ROAD DEDICATION OF CEDAR CREST DRIVE Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, the Town of Cortlandville Highway Sup't. has inspected the road called Cedar Crest Drive and has determined that such road has been constructed in accordance with the Town highway specifications, therefore BE IT RESOLVED, the Town Board does hereby accept the dedication of Cedar Crest Drive, subject to Town Attorney approval. Tax Certiorari Proceedings: Attorney Folmer apprised the Board the Town has four tax certiorari proceedings pending. He explained that when the Town settles the certiorari proceedings and assessments are changed, they impact both the County and the school district with regard to taxes. In the past the County and the school districts have not been interested in the proceedings, as they do not have any legal ability to dictate the way the matters are resolved. Attorney Folmer and Town Assessor, David Briggs met with County representatives regarding the issue and discussed the 111555; DECEMBER 07, 2005 TOWN BOARD MEETING PAGE 5 possibility of the County working with the Town to defend their position as well as to participate with some of the costs incurred. Attorney Folmer and the County Attorney were in the process of drafting a policy that the Town and County could adopt regarding the tax certiorari proceedings. He hoped a draft resolution would be ready for the December 21, 2005 Town Board meeting. Cortlandville Starr Road Park and Recreation Center: Attorney Folmer discussed the problem regarding Adhan Piping Co. and the construction of Phase I of the Cortlandville Starr Road Park and Recreation Center. The Town's engineering firm, Clough, Harbour & Associates, suggested the Town make payment to Adhan Piping Co. in the amount of $10,000 .for the work completed, and to terminate the contract the Town entered into with the company.. The Town could then proceed with the project. RESOLUTION #227 AUTHORIZE SUPERVISOR TO MAKE PAYMENT TO ADHAN PIPING CO. FOR WORK COMPLETED ON PHASE I OF THE CORTLANDVILLE STARR ROAD PARK AND RECREATION CENTER AND TO TERMINATE CONTRACT Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to make payment to Adhan Piping Co. in the amount of $10,000 for work completed on Phase I of the Cortlandville Starr Road Park and Recreation Center project, and it is further RESOLVED, the contract between the Town of Cortlandville and Adhan Piping Co. is hereby terminated. Wal-Mart Supercenter PUD: Attorney Folmer apprised the Board he spoke with Attorney Kelly Pronti of Harter, Secrest & Emery, LLP representing Wal-Mart, regarding the deposit for SEQR review. Attorney Pronti offered to deposit $25,000 into an escrow account to be used for the SEQR review. According to the agreement there is a replenishment clause so that when the money is depleted more money will be put into the agreement. Attorney Folmer explained the applicant is required to pay the reasonable charges for consulting services. According to Attorney Pronti the Town should be in receipt of the Draft Environmental Impact Statement (DEIS) by the end of December 2005. Once the document is received, the Town has 45 days to determine whether or not the DEIS is complete. He reminded the Board that the term "complete" means that Wal-Mart "addressed each and every issue that was identified in the Scoping Document." Once the report is determined to be complete, there would be a public comment period. RESOLUTION #228 ACCEPT ANNUAL REPORT OF TOWN RMO AND SCHEDULE OF DISPOSED RECORDS IN 2005 IN ACCORDANCE WITH THE RECORDS RETENTION AND DISPOSITION SCHEDULE Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby accept the Annual Report of the Records Management Officer of the Town, including a list of the disposed records in 2005, in accordance with the Records Retention Disposition Schedule, MU-1. y6-( DECEMBER 07, 2005 TOWN BOARD MEETING PAGE 6 Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from the Cortland County Planning Board regarding the Aquifer Protection Permit application of HDL Property Group, LLC. (Walgreens). All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Riehlman, Shafer & Shafer, Attorneys at Law, regarding Bestway Enterprises Inc. and the testing of monitoring wells as required in the conditions of Aquifer Protection Permit #9 of 2005, for property located on Luker Road, tax map #86.17-01-01.000. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Diana L. Graser, P.E., System Manager for the New York State Department of Transportation, regarding the Dunkin' Donuts project for property located off of NYS Route 13, tax map #95.16-01-21.000. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and file correspondence from George Doucette, P.E., Director of Operations for the New York State Department of Transportation, regarding the Kinney Drugs project for property located off of NYS Route 281, tax map #96.09-01-02.200. All voting aye, the motion was carried. There was discussion regarding the Bell Drive Drainage Project and steps the Town is taking to remedy the drainage problem along Route 281. Meetings have been conducted with the Cortland Country Club regarding work that will be done on Country Club property that will help the drainage situation. The Town is also working to get the NYS DOT to replace the culvert that runs under NYS Route 281. Councilman Testa suggested the Board ask Senator Seward and Assemblywoman Barbara Lifton to write correspondence to the NYS DOT to help move the process along. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Susan Harris of 4495 Route 281, regarding drainage problems on NYS Route 281. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from Deputy Supervisor Testa to Senator James Seward regarding the speed limit on NYS Route 13 and the availability of grant money to construct sidewalks along NYS Route 13, McLean Road, and Starr Road. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Deputy Supervisor Testa to Assemblywoman Barbara Lifton regarding the speed limit on NYS Route 13 and the availability of grant money to construct sidewalks along NYS Route 13, McLean Road, and Starr Road. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and file correspondence from Deputy Supervisor Testa to Mr. Carl Ford, Regional Director, New York State Department of Transportation, regarding the possibility of constructing sidewalks along NYS Route 13 from NYS Route 281 to the City of Cortland. All voting aye, the motion was carried. RESOLUTION #229 REQUEST NIAGARA MOHAWK INSTALL ADDITIONAL STREET LIGHTS ALONG NYS ROUTE 13 AND TO INCREASE THE WATTAGE OF THE BULBS FOR THE EXISTING STREET LIGHTS ALONG NYS ROUTE 13 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby request Niagara Mohawk install additional street lights along NYS Route 13, and to increase the wattage of the bulbs for the existing street lights along NYS Route 13. to7 DECEMBER 07, 2005 TOWN BOARD MEETING PAGE 7 RESOLUTION #230 AUTHORIZATION TO RELEVY DELINQUENT WATER AND SEWER ACCOUNTS TO THE 2006 TAX ROLL OF THE TOWN Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the list of delinquent accounts of the Water & Sewer Department of the Town was submitted, as required, therefore BE IT RESOLVED, the Town Board does hereby receive and forward the list of delinquent water and sewer accounts of the Town of Cortlandville to the Cortland County Real Property Tax Office, to be relevied onto the 2006 tax roll of the Town. There was discussion regarding the Town's contract with Thoma Development Consultants for grant writing services for the year 2006. Under the 2005 contract the Town paid Thoma Development Consultants $300.00 quarterly as well as additional expenses incurred. For the year 2006, the Board decided to pay a monthly retainer of $400.00 for 12 months, which would reduce the hourly fees or grant fees for a specific project by the amount of retainer funds available. According to Thoma Development the lump sum fee for grant applications would be reduced by 10%. RESOLUTION #231 APPROVE AGREEMENT WITH THOMA DEVELOPMENT CONSULTANTS FOR GRANT WRITING SERVICES COMMENCING JANUARY 1, 2006 Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby approve the agreement with Thoma Development Consultants for grant writing services for a twelve-month period commencing January 1, 2006, in the amount of $400.00 a month. Councilman Rocco thanked Ann Hotchkin of Thoma Development Consultants for the excellent job she does for the Town with regard to grant writing. No further comments or discussion were heard. Councilman Rocco made a motion, seconded by Councilman Testa, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 8:20 p.m. Res p ctfully submitted, Karen Q. Snyder, RMC Town Clerk Town of Cortlandville