HomeMy WebLinkAbout03-06-20070
MARCH 06, 2007
TOWN BOARD MEETING
5:00 P.M.
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
Deputy Town Clerk, Kristin Rocco-Petrella
Absent: Councilman, John Proud
Others present were: Town Clerk, Karen Q. Snyder, Town Attorney, John Folmer;
Highway Sup't. Carl Bush; Planning Board Members, Nick Renzi and James Bugh; Scott Smith,
Clough Harbour & Associates, LLP; Attorney Kelly Pronti, Harter Secrest & Emery, LLP; Steve
Cleason, APD Engineering; Bill Breidinger, Homer -Cortland Community Agency (Brockway
Museum); Representatives of C.A.P.E.: Robert and Norma Rhodes, Jan Thomsen, Arnold
Talentino, Jamie Dangler, Catherine D. Smith; Lydia Ferro; Jim Murphy; John Carroll; Don
Colongeli; County Legislator, Kay Breed; Roger Orlandini; Bonnie Garley; Robin Dunham;
Barbara Tupper; Marianne Bertini; Randy Walls; Philomena Curley; Julia Ganson; David Millett;
Betty Brevetto; Charles Maxfield; Merwin Armstrong; Mechthild Nagel; Marie Kautz; Holly Greer;
Sharon Stevens and Grace Meddaugh for Channel 2, Access TV; News Reporter, Eric Mulvihill
from WXHC; News Reporter, Kevin Mooney from WKRT; and News Reporter, Evan Geibel from
the Cortland Standard.
Supervisor Tupper called the meeting to order.
The draft Town Board Minutes of December 6, 2006 were presented to the Board for
their review.
RESOLUTION #47 AUTHORIZE PAYMENT OF VOUCHERS — MARCH
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 #111 - 140
$
60,984.48
General Fund B
$
30.65
Highway Fund DB
D64 - D85
$
52,609.95
Water Fund
W35 - W43
$
4,472.14
Sewer Fund
S 12 - S 16
$
59,826.48
Capital Projects
H19 - H22
$
9,843.99
Special Grant
SG14 - SG16
$
14,320.00
Supervisor Tupper offered privilege of the floor to Arnold Talentino.
Arnold Talentino, representing C.A.P.E., read a letter out loud addressed to Supervisor
Tupper and the Board, responding to comments made by Councilman Rocco at the February 21,
2007 Town Board meeting regarding the Clough Harbour report, dated February 20, 2007,
"Review of Well Recharge Areas Relative to the Proposed Wal-Mart Supercenter." At the
February 20th meeting Councilman Rocco summarized the contents of Clough Harbour's letter
on the topic of aquifer pollution that could result from the construction of the proposed Wal-Mart
Supercenter. Clough Harbour responded that Wal-Mart's engineers did a good job devising
measures to prevent aquifer pollution, but could not say that the measures would guarantee that
pollution of the aquifer could not occur.
Mr. Talentino continued by stating that the comments made in the Clough Harbour report
offered no new information and confirmed some of the concerns contained in C.A.P.E.'s
consultants' reports, specifically that "any ground water contamination resulting from the
proposed site should be considered, ultimately, to arrive at the Terrace Road municipal well."
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MARCH 06, 2007 TOWN BOARD MEETING PAGE 2
Mr. Talentino continued by quoting one of Clough Harbour's comments from the DEIS, which
states "it should not be implied in the DEIS that any groundwater contamination introduced at
the Wal-Mart site will be intercepted by the purge well and not arrive, at the Terrace Road
municipal well...."
Ultimately, C.A.P.E. requested "that Board members acknowledge the inaccuracy of
recent claims that groundwater pollution originating from the polo field area would not reach the
municipal well at Terrace Road." In addition, Mr. Talentino requested that C.A.P.E.'s
correspondence be attached to the Wal-Mart Supercenter PUD application.
Mr. Talentino added that Dr. James Bugh, a geologist and member of the Town Planning
Board, affirmed that contaminated water would reach the Terrace Road well in a "Letter to the
Editor" in the Cortland Standard.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Arnold Talentino, submitted on behalf of C.A.P.E., dated March 5,
2007, regarding the Wal-Mart Supercenter PUD application. All voting aye, the motion was
carried.
Monthly reports of the Supervisor for the month of December 2006, and for the Town
Clerk, Tax Collector, and Water & Sewer Department for the month of February 2007, were on
the table for review and are filed in the Town Clerk's office.
RESOLUTION #48 ACCEPT ANNUAL REPORT OF THE LAMONT MEMORIAL
FREE LIBRARY FOR THE YEAR 2006
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Annual Report of the Lamont Memorial Free Library for the year 2006
is hereby accepted and shall be received and filed.
Under communications, Councilman Rocco commented that he received four phone calls
regarding the Wal-Mart Supercenter PUD Application.
Attorney Folmer reported:
Proposed Revised Zoning Ordinance:
Attorney Folmer apprised the Board the last draft of the Revised Zoning Ordinance dated
March 2, 2007 was not the final version of the proposed ordinance. He explained that some
editorial changes must be made, some of which are not significant.
First, Attorney Folmer indicated that a change must be made to the appendix. Clough
Harbour & Associates felt there was an inconsistency between Note 4 and Note 5 on Attachment
5 and 6. Therefore, Note 4 should be amended to read: "Except for lot coverage requirements,
these figures are provided as guidelines only."
The second change would be to add the definitions from the former Stormwater
Management Ordinance to the initial paragraph of the proposed Revised Zoning Ordinance, to be
included in alphabetical order. When the Board amended the Stormwater Management and
Erosion and Sediment Control Ordinance (Local Law No. 3 of 2006), the County Planning Board
recommended they include the definitions from the ordinance in the Revised Zoning Ordinance.
The Board intended to add the definitions to the Zoning Ordinance but had not yet done so.
The third change to the proposed ordinance, which Attorney Folmer was the most
concerned about, was with regard to the 175,000 sq. ft. requirement in floor area. Attorney
Folmer suggested the Board change the language to read: "Floor Area. Any separate
commercial, retail, professional or business use, owned or leased, shall not exceed one hundred
thousand (100,000) square feet in floor area, without a conditional permit."
Attorney Folmer requested the Board authorize him to make the appropriate changes to
the proposed ordinance.
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MARCH 06, 2007 TOWN BOARD MEETING PAGE 3
RESOLUTION #49 AUTHORIZE TOWN ATTORNEY TO AMEND THE
PROPOSED REVISED ZONING ORDINANCE
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 Town Attorney to
make the following changes to the proposed Revised Zoning Ordinance:
1. Amend Note 4 in Attachment 5 and Attachment 6 to read: "Except for lot coverage
requirements, these figures are provided as guidelines only."
2. Include the definitions from the Stormwater Management and Erosion and Sediment
Control that were eliminated by the adoption of Local Law No. 3 of 2006 to the initial
paragraph of the proposed ordinance, to be included in alphabetical order.
3. Amend Planned Commercial Business, Dimensional Requirements (B) to read: "Floor
Area. Any separate commercial, retail, professional or business use, owned or leased,
shall not exceed one hundred thousand (100,000) square feet in floor area, without a
conditional permit."
Attorney Folmer reminded the Board the public hearing for the proposed ordinance was
scheduled for March 21, 2007 at 5:00 p.m.
SPCA Contract:
Attorney Folmer apprised the Board he drafted the contract between the Town and the
Cortland County SPCA. He requested the Board authorize the Supervisor to sign the contract
subject to the Town Clerk and SPCA agreeing that the contract is appropriate.
RESOLUTION #50 AUTHORIZE SUPERVISOR TO EXECUTE CONTRACT WITH
THE CORTLAND COUNTY SPCA SUBJECT TO TOWN
CLERK AND SPCA APPROVAL
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board hereby authorizes and directs the Supervisor to execute the
contract between the Town and the Cortland County SPCA, subject to approval from the Town
Clerk and the Cortland County SPCA.
Wal-Mart Supercenter PUD Application:
Attorney Folmer apprised the Board they must act on the application for the Wal-Mart
Supercenter PUD. Attorney Folmer presented the Board with the proposed resolution. He
explained that the first part of the resolution gave the historical background of the application.
He asked the Board to make comments and discuss anything they would like to after he read
each paragraph of the Board's findings with respect to the PUD application.
Attorney Folmer read the proposed resolution out load. The following comments were
made regarding the findings for the PUD Application, and are numbered according to the
paragraph number in the resolution:
1. The Board made no comments regarding paragraph 1 of the findings.
2. With regard to paragraph 2, Councilman O'Donnell questioned whether lighting
would be mentioned.
Attorney Folmer responded that lighting was mentioned earlier in the resolution
under Modifications to the Original Site Plan — "reduction of height for light poles adjacent
to the residential neighborhood."
Councilman Rocco mentioned that the height of the light poles was reduced from 44
ft. to 22 or 24 ft., and would be reflected downward.
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TOWN BOARD MEETING
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Councilman Testa questioned whether there would be a berm or a masonry wall to
provide buffering to Walden Place and Walden Oaks.
Councilman Rocco stated the residents of Walden Oaks wanted a 1000 ft., 8 ft. high,
masonry wall. The masonry wall should be aesthetically pleasing.
Scott Smith, Engineer with Clough Harbour & Associates, apprised the Board the
south side of the site, Walden Place, could have a berm, a masonry wall, or both.
Attorney Folmer suggested the Board put a condition in the resolution for the
Planning Board to consider appropriate buffering for Walden Place during its site plan
review.
3. Regarding paragraph 3, Councilman Testa suggested the Board recommend that the
two outparcels be turned into a picnic area or a park rather than be developed. The property
could perhaps be turned over to the Town.
Attorney Folmer questioned whether Councilman Testa would be satisfied if the
Planning Board, in its site plan review, consider the possibility of the Applicant leaving the
outparcels as an outdoor recreation area or a park.
Councilman Testa stated he would be satisfied.
4. The Board made no comments regarding paragraph 4 of the findings.
5. The Board made no comments regarding paragraph 5 of the findings.
6. The Board made no comments regarding paragraph 6 of the findings.
There was discussion regarding next part of the resolution starting with "BE IT
FURTHER RESOLVED." Attorney Folmer suggested the language in the resolution be changed
to read: "...that in consideration of the foregoing, the Town Board after due review and
consideration deems it appropriate to approve the PUD Application and designate the Property to
Commercial PUD subject to the following conditions:"
Attorney Folmer commented that in the course of the conversation, the Board discussed
light poles, the 1000 ft. masonry fence, and the outparcels not being utilized and perhaps being
dedicated to the Town. The Board should discuss long-term maintenance of the monitoring
systems that would be utilized in connection with the stormwater plan.
Attorney Folmer questioned whether the Board was satisfied that the language contained
in the resolution dealt with the light pole situation appropriately.
The Board indicated they were satisfied.
Attorney Folmer questioned whether the Board was satisfied that the language regarding
the 1000 ft. masonry wall dealt appropriately with the boundary and barrier between the easterly
boundary and the Walden Oaks residential area.
The Board replied yes. Councilman Rocco added that the property owners in Walden
Oaks who border the proposed site were personally talked to on numerous occasions. The
property owners decided they wanted the 8 ft. masonry wall along the property.
Attorney Folmer suggested the Board include in the conditions the "consideration by the
Town Board and the Applicant of the elimination of the use of the outparcels and the possibility
of using them as greenspace."
The Board agreed to the suggestion.
Attorney Folmer suggested the Board add a condition that the Planning Board, as part of
its recommendation to the Town Board on the Aquifer Protection Permit, review and include the
location and number of monitoring wells, as well as plan for maintenance and reporting. The
Planning Board could include any requirements regarding the monitoring wells at the time of the
site plan review.
Again, the Board agreed to the suggestion.
Attorney Folmer continued and completed reading the resolution out loud, beginning
with "BE IT FURTHER RESOLVED that the Town Board has completed the SEQRA review
process and approved the PUD Application preliminary development plan..."
Attorney Folmer suggested the Board add one final condition to the resolution: that the
Applicant will not apply for any tax abatement or tax relief of any kind. The Board agreed.
Attorney Folmer stated he had a letter addressed to the Board from Councilman Proud,
dated March 1, 2007, which he read out loud due to Councilman Proud's absence.
Councilman Proud suggested the following additions, or changes, to the resolved clauses
of the proposed resolution:
- Eliminate the bus turnout/shelter at its current location, moving them to a
convenient location near the main entrance to the store.
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MARCH 06, 2007
TOWN BOARD MEETING
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- Use the alignment of Bennie Road illustrated in "C 2 ALT"
- Construct a landscaped berm to buffer Walden Place
- Require Bennie Road to be constructed to specifications provided by the
Town Highway Superintendent.
- Allow the Planning Board to make changes to the building fagade without
reference, or limitation, to the design of any other Wal-Mart facility.
As long as the Board did not object, Attorney Folmer suggested he add Councilman
Proud's comments as conditions in the resolution.
Councilman Rocco thanked Councilman Proud for his written comments and agreed the
conditions should be added to the resolution. He stated he was interested in the comment
regarding the bus shelter and did not believe that Wal-Mart would object to moving the bus
stop/shelter closer to the entrance.
Councilman O'Donnell added that Cortland Transit usually drops passengers off in the
parking lot near store entrances. He suggested they let the Planning Board decide on the location
for the bus stop/shelter during the site plan review.
Scott Smith, from Clough Harbour & Associates, commented that the location of the bus
stop/shelter came from the direction of the bus company.
Supervisor Tupper stated the narrow bus turn would be a problem for snow removal, and
mentioned that Highway Sup't. Bush suggested the bus turnout be eliminated. .
Councilman Testa suggested that sidewalks be included in the resolution as a condition to
plan for the future.
Attorney Folmer quoted Councilman Proud's letter: "... there is no provision for
walkways along Route 13. Planning and accommodation for pedestrian access in Cortlandville
is an issue I have raised...." Councilman Proud did not include sidewalks as an addition to the
resolution. Attorney Folmer stated he would add a condition for the construction of sidewalks
adjoining NYS Route 13 to the resolution.
Councilman O'Donnell stated the Town would be a sidewalk community in the future.
The Town would eventually need a sidewalk ordinance.
Mr. Smith commented on a suggestion that Councilman Proud made in his letter
regarding shifting Bennie Road to allow for a berm. Mr. Smith stated shifting Bennie Road
would not be an option because it was a NYS DOT decision.
There was further discussion regarding the bus stop/shelter. Councilman Rocco
questioned whether the bus shelter would be a site obstruction.
Councilman O'Donnell suggested they turn the issue over to the Planning Board.
Supervisor Tupper commented that Highway Sup't. Bush would have input on the bus
stop/shelter as well because the road would have to be constructed to specifications.
With regard to the road specifications, Attorney Folmer stated that more vehicles,
including heavier vehicles, would travel the roadway than a normal residential street. Therefore,
different specifications would be utilized.
Supervisor Tupper questioned whether there were any more specific comments regarding
the application. No comments were made.
Councilman Rocco made a motion to accept the resolution.
Councilman O'Donnell seconded the motion.
Supervisor Tupper thanked all the citizens who made comments regarding the
application, thanked Clough Harbour & Associates for their engineering and expertise, and
thanked Attorney Folmer and the Town Board for the amount of hours they contributed to the
project, which had been ongoing for several years. Supervisor Tupper stated "the project as it
stands today is significantly better than the project we started with five years ago," which he
attributed to citizen input.
Supervisor Tupper listed many of the improvements made to the project: night
lighting/sky lighting; the building being moved so it was no closer than 35 ft. from Otter Creek;
noise; berms; truck traffic being relocated; trash compactor having a noise barrier; fertilizer and
pesticide spill prevention — pesticides etc. will be under a roof and enclosed and would go
straight into the sewer system to be treated if there was a spill; relocation of Bennie Road at no
cost to the taxpayers; stormwater management system for the site — a water quality basin and a
sand filter — built to exceed the capacity of an annual 100-year flood storm.
With regard to taxes, Supervisor Tupper stated the project's tax revenue would mostly go
to the Cortland City School District. According to 2006 tax figures, the school district would
benefit by over $100,000 a year, the County would benefit by about $114,000 a year, while the
Town would benefit by about $26,000 a year.
Supervisor Tupper stated the Board is very strict and committed to aquifer protection, and
should be commended for their efforts. The Town has one of the only aquifer protection laws in
New York State. He also noted that the Town cannot turn down growth.
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MARCH 06, 2007 TOWN BOARD MEETING PAGE 6
Councilman O'Donnell stated the Route 13 site has been for sale for the past fifteen years
as an industrial site, and could have been sold by Homer Gutchess for an industrial use.
Councilman O'Donnell stated he felt more comfortable with what was proposed for the site, and
commented, "we got something in there that we think we can deal with."
Councilman Rocco commented that the way the store would face, and the way in which
trucks would access the site for deliveries was a very important change from the original plan,
which should create less of an impact and less noise for the residents ,in Walden Oaks. He
commented on the multiple sound barriers for the compressors used for the chilling of food,
which was much more than other Wal-Mart facilities normally had.
Councilman Rocco stated that as elected officials, the Board tried to make the very best
decision possible, and that they looked at what affect the project would have on the aquifer. The
Board is concerned about the whole County and the affect the decision would have on their
fellow citizens. Councilman Rocco stated the Board was proud of the work they had done.
Councilman O'Donnell added that the project would be handed over to the Planning
Board once voted on.
No further comments were made.
RESOLUTION #51 RESOLUTION OF THE TOWN OF CORTLANDVILLE TOWN
BOARD MARCH 6, 2007 WAL-MART SUPERCENTER
APPROVAL OF PLANNED UNIT DEVELOPMENT
APPLICATION
Motion by Councilman Rocco
Seconded by Councilman O"Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, Wal-Mart Real Estate Business Trust has proposed to construct a Wal-Mart
Supercenter (the "Supercenter" or "Project") on 33.7 acres of real property located at the corner
of Bennie Road and Route 13 in the Town of Cortlandville, New York and further referred to as
Tax Account Number 105.00-01-22.211 (the "Property"); and
WHEREAS, on February 21, 2005 Wal-Mart Real Estate Business Trust submitted a Planned
Unit Development application, which was amended from time to time thereafter (the "PUD
Application") to the Town of Cortlandville; and
WHEREAS, on November 29, 2006 Wal-Mart Real Estate Business Trust assigned the PUD
Application to Wal-Mart Stores East, LP. A copy of such Assignment is attached to this
Resolution. Wal-Mart Real Estate Business Trust and Wal-Mart Stores East, LP are hereinafter
collectively referred to as "Wal-Mart"; and
WHEREAS, the Town of Cortlandville Town Board (the "Town Board") on April 6, 2005 was
established as lead agency under the State Environmental Quality Review Act ("SEQRA") for
the purpose of conducting a coordinated environmental review of the Project; and
WHEREAS, on April 6, 2005, the Town Board issued a positive declaration under SEQRA for
the proposed Supercenter construction; and
WHEREAS, on June 15, 2005, the Town Board adopted a final scoping outline for the Draft
Environmental Impact Statement (the "DEIS"); and
WHEREAS, on February 1, 2006 the Town Board accepted the DEIS for purposes of
scheduling a public hearing to solicit comments on the DEIS; and
WHEREAS, on February 1, 2006, the Town Board referred the PUD Application to the Town of
Cortlandville Planning Board (the "Planning Board") as required by the Code of the Town of
Cortlandville (the "Code") Section 178-57; and
WHEREAS, on February 1, 2006, the Town Board referred the PUD Application to the
Cortland County Planning Department ("County Planning") as required by the Town of
Cortlandville Code (the "Code") Section 178-58 and General Municipal Law Section 239-m; and
MARCH 06, 2007 TOWN BOARD MEETING PAGE 7
WHEREAS, on February 3, 2006, the Town provided County Planning and the Planning Board
with a copy of the DEIS and a copy of the Notice of Completion/Public Hearing as required by 6
NYCRR 617.9(3) and 6 NYCRR.12 (b); and
WHEREAS, on March 1, 2006 (continued on March 2, 2006 and March 3, 2006), a duly noticed
public hearing was held where all interested persons were given the opportunity to express their
opinions regarding the DEIS and the Project site plan; and
WHEREAS, the Town Board permitted an additional ten (10) day comment period to further
solicit input on the DEIS; and
WHEREAS, on March 15, 2006, County Planning issued a PUD recommendation to the Town
Board as required by Code Section 178-58; and
WHEREAS, on April 11, 2006, the Planning Board held a duly noticed public hearing on the
PUD as required by Code Section 178-57; and
WHEREAS, on November 1, 2006, the Town Board accepted the Final Environmental Impact
Statement ("FEIS"); and
WHEREAS, on November 1, 2006, due to site plan modification as a result of public input, the
Town Board again referred the PUD Application to County Planning as required by Code
Section 178-58 and requested that County Planning issue a recommendation on the PUD
Application. On November 15, 2006, County Planning reviewed and returned the PUD
Application for a local determination, with any positive consideration from County Planning
contingent on Wal-Mart satisfying 11 conditions; and
WHEREAS, on November 1, 2006, due to site plan modifications as a result of public input, the
Town Board again referred the PUD Application to the Planning Board and requested that the
Planning Board issue a recommendation on the PUD Application; and
WHEREAS, on November 6, 2006, the Town Board provided the Planning Board and County
Planning with a copy of the FEIS as required by 6 NYCRR 617.12(b); and
WHEREAS, on December 6, 2006, the Town Board concluded its SEQRA review of the Project
and adopted a SEQRA Findings Statement, concluding that the proposed Project will not have
any adverse environmental impacts that could not be mitigated; and
WHEREAS, on December 14, 2006, the Town Board provided the Planning Board and County
Planning with a copy of the SEQRA Findings Statement as required by 6 NYCRR 617.12(b);
and
WHEREAS, the Planning Board reviewed the PUD Application at its December 19, 2006 and
January 10, 2007 meetings; and
WHEREAS, on January 10, 2007, the Planning Board made a motion for a positive
recommendation of the PUD Application, which resulted in a 2-2 vote. The Planning Board
thereafter made a second motion for "no recommendation" to the Town Board which was
unanimously passed as allowed under Code Section 178-57(C); and
WHEREAS, on February 7, 2007, the Town Board held a public hearing on the PUD
Application in accordance with Code Section 178-59; and
WHEREAS, the nearly 2-year SEQRA and PUD review process conducted by the Town Board
for the Project has been detailed and thorough. During the review process, the proposed site plan
has been modified where practicable to reflect comments from the Town Board, the Town's
hired engineers, involved and interested agencies, and the public. Modifications to the original
site plan include:
• Elimination of the Tire & Lube Express (TLE)
• Elimination of a restaurant within the Wal-Mart store
• Covered the garden center with a roof
• Redesigned the stormwater management system, including the addition of a water
quality basin, sand filters, and underground recharge area
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• Shifting the proposed development westward to maintain the existing vegetative
buffer along Otter Creek
• Addition of a soundwall to the east
• Elimination of right out only onto NYS Rt. 13
• Relocation of cross access with adjacent plaza to north
• Addition of bus shelter
• Revised truck access away from residents to east
• Reconfiguration of parking areas
• Reduction of height for light poles adjacent to the residential neighborhood
• Addition of sidewalks to NYS Rt. 13, and reconfiguration of internal crosswalks
• Creation of an alternative plan, with Bennie Road relocation through the site (and
being dedicated to Town), revised parking, cross access, and bus shelter
configuration, revised outparcel layout, and incorporation of soundwall adjacent
to Walden Place
• Creation of an additional alternative plan, utilizing the same layout as the
alternative plan, except that the parking stall sizes were modified from 9.5'xl8' to
10'x20', and the parking lot and truck turn-arounds were reconfigured
NOW THEREFORE BE IT RESOLVED that the Town Board makes the following findings
with respect to the PUD Application:
The Town Board, acting as SEQRA Lead Agency, has completed the SEQRA
process for the Project and has concluded that the Project will have no
significant adverse environmental impacts based upon the modifications to the
site plan identified above and the proposed mitigation measures identified in
the Findings Statement document. Therefore, the Town Board is permitted to
take action on the PUD Application.
2. The PUD Application accomplishes the purposes set forth in Code Section
178-52(c) in that the PUD Application promotes development of business
centers with adequate off-street parking, allows for control of access points on
a major thoroughfare, separates pedestrian and automobile traffic, is of a size
and location compatible with market potential, maintains an existing
vegetative buffer between the proposed commercial facilities and the
residential development to the east of the site and provides a berm/masonry
wall to provide buffering to the assisted living facility to the south of the site,
and contains structures which are architecturally compatible with adjacent
commercial uses. Additionally, the construction of the Wal-Mart Supercenter
will conceal the rear of the existing adjacent Shopping Center.
3. The PUD Application meets the definition of PUD set forth in Code Section
178-2. Code Section 178-2 defines "PUD" as follows "an area of land on one
or more contiguous parcels designed for and built upon one parcel, providing
a street system, water and sewer facilities and used for residential, commercial
or industrial purposes or some combination thereof, including provisions for
subdivision and sale of parcels in the future." Such definition provides for a
PUD consisting entirely of commercial uses. The uses proposed by Wal-Mart
include a retail store with utilities, stormwater management facilities, paved
parking and access driveways. All such uses are permitted uses as set forth in
Code Section 178-55(B). The outparcel uses will be in accordance with Code
Section 178-55(B) and may for purposes of site plan approval be reviewed
independently.
4. The proposed PUD Application is consistent with Code Section 178-53(B), in
that the PUD is proposed to be located in an industrial district.
The PUD Application meets or exceeds the development regulations set forth
in Code Section 178-54 in that:
a. The PUD will be 33.7 acres in size.
b. At least 25% of the overall development will consist of open space, free of
buildings, parking, roads and driveways.
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MARCH 06, 2007 TOWN BOARD MEETING PAGE 9
The PUD Application contemplates staged development. The first stage
will consist of Supercenter construction and associated infrastructure and
the second stage will consist of outparcel development. Retail uses are
considered a permitted use under Code Section 178-55(B). Outparcel use
will be limited to following permitted uses set forth in Code Section 178-
55(B): multifamily dwellings, retail stores, indoor recreation, outdoor
recreation, religious institutions or business offices.
d. Wal-Mart entered into a purchase agreement concerning the property that
is the subject of the PUD application on February 10, 2003. Wal-Mart
purchased the property on December 7, 2006.
e. The entire site included in the PUD Application is owned by Wal-Mart
Stores East, LP.
f. At least 60% of the gross floor areas contained in the PUD will be
commercial in nature.
g. The PUD Application contemplates appropriate vegetative screening to
buffer the adjacent activities in that the Project maintains the existing
vegetation along the Otter Creek property line and incorporates a masonry
sound wall. The residential property to the south will be buffered with a
landscaped berm or a combination of landscaping and soundwall.
6. The Town Board has complied with all Code procedural requirements for the
PUD Application as more fully set forth below:
a. Wal-Mart submitted all information required for a complete PUD application
on the following dates:
i. Plan to scale of entire site (February 21, 2005)
ii. Locations and dimensions of buildings and uses (February 21, 2005)
iii. Outlines of transportation facilities (February 21, 2005)
iv. Topography (February 21, 2005)
v. Drainage (February 21, 2005)
vi. Utilities (February 21, 2005)
vii. Delineation of use types and densities (February 21, 2005)
viii. Location map showing adjacent land (February 21, 2005)
ix. Narrative statement explaining how the proposed PUD will meet
community needs; be consistent with Town development plan; and
provide for maintenance of commonly owned property (March 1, 2005
and further supplemented by a letter prepared by Harter Secrest &
Emery LLP dated May 16, 2006)
x. Schedule of development, if staged (March 1, 2005)
b. In accordance with Code Section 178-57, the PUD Application was referred to
the Town Planning Board on February 1, 2006. On April 11, 2006, the
Planning Board held a duly noticed Public Hearing on the PUD Application
during which the public had an opportunity to comment on the PUD
Application. On December 6, 2006, the Town Board again referred the PUD
Application to the Planning Board due to site plan modifications occurring as
a result of public input. On January 10, 2007, the Planning Board informed
the Town Board that it could not reach a recommendation on the PUD
Application and therefore, issued no recommendation.
c. In accordance with Section 178-58, the PUD Application was referred to
County Planning on February 3, 2006. On March 15, 2006, County Planning
issued a positive PUD Application recommendation. Due to site plan
modifications occurring as a result of public input, the PUD Application was
again referred to County Planning on November 1, 2006. On November 15,
2006, County Planning returned the PUD Application to the Town Board for a
local determination, with any positive consideration from County Planning
contingent on Wal-Mart satisfying the following 11 conditions:
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MARCH 06, 2007
TOWN BOARD MEETING
PAGE 10
i. The Town Board's acceptance of Wal-Mart's response to how the
PUD Application meets community needs;
ii. A consideration as to whether the reduced parking stall size would
adversely affect the overall development of the proposed PUD;
iii. The Town's acceptance of the alternative site plan, which realigns
Bennie Road through the proposed site to a location directly across
from the JM Murray Center, as the preferred site plan option for the
PUD Application;
iv. Wal-Mart's obtaining New York State Department of Transportation
("NYSDOT") curb cut permits for the closing of the existing Bennie
Road intersection with NYS Route 13 and the realignment of Bennie
Road, including provisions being made for the necessary
improvements to the state highway right-of-way;
v. Construction of Bennie Road realignment to Town road specifications,
design approval by the Town Highway Superintendent and acceptance
of the realigned Bennie Road by the Town as a town road;
vi. The Town's consideration of impacts and possible mitigation measures
at the NYS Route 215Bennie Road intersection given the anticipated
traffic increase through this intersection and its limited sight distance;
vii. The Town's future acceptance of the operation and maintenance plan
for the stormwater pumping facility, including the proposed backup
power source (prior to issuance of an Aquifer Protection Permit);
viii. The Town's future acceptance of the spill prevention and clean up plan
for the site (prior to issuance of an Aquifer Protection Permit);
ix. Wal-Mart obtaining a Cortland County Health Department permit for
the proposed restaurant within the building (no longer applicable as the
restaurant has been removed from the plan);
x. Wal-Mart applying to the Town of Cortlandville/Cortland County
Health Department for connections to the public water and sewer,
including an application for a back flow prevention device for the
public water supply connection; and
xi. The Town determining that mitigation measures incorporated in the
Project or conditions of approval will avoid or minimize all significant
adverse environmental impacts, as required by SEQRA.
d. In accordance with Section 178-59, the Town Board held a duly noticed
public hearing on the PUD Application on February 7, 2007 during which the
public had the opportunity to comment on the PUD Application.
BE IT FURTHER RESOLVED that in consideration of the foregoing, the Town Board after
due review and consideration deems it appropriate to approve the PUD Application and
designate the Property to Commercial PUD subject to the following conditions:
1. Planning Board to explore the possibility with the Applicant of leaving out parcels, or a
portion thereof as an outdoor recreation area and dedicating such space to the Town as a
park facility.
2. Planning Board, as part of its recommendation to the Town Board on the Aquifer
Protection Permit, to review and include location and number of monitoring wells, as
well as plan for maintenance and reporting.
3. Applicant providing written commitment not to seek tax abatement or other tax relief
relating to this project.
MARCH 06, 2007
PAGE 11
4. Planning Board to consider the following during its site plan review:
(a) Eliminate the bus turnout/shelter at its current location, moving them to a
convenient location near the main entrance to the store by working with the
Applicant and the bys system operator.
(b) Work with Applicant to construct a landscaped berm or a combination of
landscaped berm and soundwall to buffer Walden Place and appropriate buffering
for Walden Oaks.
(c) Require Bennie Road to be constructed to specifications provided by the
Town Highway Superintendent, dedicated to the Town, and located to align the
entrance to Route 13 with the entrance to J.M. Murray Center, and constructed
and located in compliance with NYSDOT requirements.
(d) Allow the Planning Board to make reasonable changes in the building facade
without reference, or limitation, to design of any other Wal-Mart facility.
(e) Construction of sidewalks adjoining New York State Route 13.
BE IT FURTHER RESOLVED that the Town Board has completed the SEQRA review
process and approved the PUD Application preliminary development plan prepared by APD
Engineering and referred to as CS Alt 3 "Alternative Site Plan" dated January 8, 2007 and last
revised January 16, 2007 and attached to this Resolution (the "Preliminary Plan") specifically
based on the following preliminary development plan features:
1) Number, size and configuration of parking stalls;
2) Presence and location of controlled access points, as recommended by NYSDOT;
3) Presence and location of cross access connection to adjacent plaza and future
outparcels;
4) Presence and location of internal sidewalks from Route 13 and Bennie Road to the
outparcels and Supercenter;
5) Percentage, location and configuration of green space and buffering;
6) Size, location and positioning of the proposed building;
7) Location of pedestrian access, presence and location of benches and tables for
pedestrian use, and location of bus shelter;
8) Elimination of the proposed Tire & Lube Express and temporary storage facilities;
9) Upgrades to the building facade, provided, however that the Planning Board may
require reasonable additional upgrades to the building facade, similar to the building
facade upgrades used at the Wal-Mart Supercenter in Camillus, New York and the
Wal-Mart in Ithaca, New York;
10) Dedication of Bennie Road (i.e. the internal Wal-Mart roadway) to the Town of
Cortlandville, subject to the Town Board's acceptance of such roadway upon being
built to Town of Cortlandville's road construction standards;
11) Grading, utility landscape and lighting designs, provided, however, that the Planning
Board may allow for reasonable minor modifications as required to accommodate the
preliminary development plan approved by this Town Board;
12) Stormwater mitigation design features and snow storage with the understanding that
the Planning Board may require reasonable minor modifications as required to
accommodate the preliminary development plan approved by this Town Board;
13) Visual and noise mitigation; and
14) Additional mitigation measures as set forth in the SEQRA Findings Statement.
BE IT FURTHER RESOLVED that pursuant to Section 178-59 B of the Zoning Code, the
Town Board hereby approves the PUD Application and designates the Property as a Commercial
PUD as defined in the Section 178-54 of the Code.
BE IT FURTHER RESOLVED that the Planning Board shall review and approve the site plan
contemplated by the PUD Application and approved by this Board but shall not require
substantial alteration from the approved Preliminary Plan and the features specifically set forth
above, as required by Code Section 178-60. In accordance with Section 178-61 of the Code,
building permits will only be issued following site plan approval and the issuance of an Aquifer
Protection Permit by the Town Board. The land will revert to the original Zoning District
MARCH 06, 2007 TOWN BOARD MEETING PAGE 12
designation if the Applicant fails to obtain final site plan approval from the Planning Board
(Section 178-62 of Town Code) or obtain an Aquifer Protection Permit; and
BE IT FURTHER RESOLVED this Resolution shall be published in the Cortland Standard
and the affidavit of publication shall be filed with the Town Clerk.
BE IT FURTHER RESOLVED this Resolution shall be filed with the Town Clerk.
BE IT FURTHER RESOLVED, that any future applicant shall submit a separate application
for final site plan approval for development of the outparcels.
Supervisor Tupper stated there was a citizen who requested privilege of the floor but was
not in attendance during that time. He offered privilege of the floor to Philomena Curley at this
time.
Philomena Curley, resident of Walden Oaks, stated she was in attendance during
privilege of the floor, and mentioned that she called the Supervisor's secretary ahead of time to
be added to the list of privilege of the floor.
Supervisor Tupper explained to Mrs. Curley during privilege of the floor anyone wishing
to speak may do so at that time.
Mrs. Curley informed the Board she had a statement prepared, but would not read it since
they already made their decision regarding the Wal-Mart Supercenter PUD Application.
However, she questioned why there was no mention of voting on the PUD on the agenda or on
the Town's website as it was such an important topic.
Supervisor Tupper could not answer why the PUD was not on the agenda. He noted that
the issue had been widely publicized in the newspaper and on the radio. On February 7, 2007 the
Board acknowledged they had to vote on the issue within 30 days — today was day 29.
Mrs. Curley stated she wrote the Supervisor an email on tax abatement, which was not
responded to. She stated, "no where is it written you are not going to give them abatement," as
the DEIS states that Wal-Mart "can come back and ask for it." Mrs. Curley stated the PUD
should have been listed on the agenda, and was sorry that it wasn't. She questioned how
Supervisor Tupper would explain himself.
RESOLUTION #52 AUTHORIZE SUPERVISOR TO EXECUTE EXTRA WORK
AUTHORIZATION WITH CLOUGH HARBOUR &
ASSOCIATES LLP. FOR PHASE III OF THE
CORTLANDVILLE STARR ROAD PARK & RECREATION
CENTER
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute
the Extra Work Authorization No. 3 with Clough Harbour & Associates LLP., to complete Phase
III Construction Documents for the Cortlandville Starr Road Park & Recreation Center, in an
amount not to exceed $7,900.00.
There was a brief discussion regarding a request from residents of Fairgrounds Drive for
"No Parking" on the west side of the street. Highway Sup't. Bush explained that the "No
Parking" would allow emergency vehicles and plow trucks safe access to the narrow street.
Parking for the J.M. McDonald Sports Complex would not be affected as the facility has its own
parking lot.
RESOLUTION #53 AUTHORIZE "NO PARKING" ON THE WEST SIDE OF
FAIRGROUNDS DRIVE
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
MARCH 06, 2007 TOWN BOARD MEETING PAGE 13
BE IT RESOLVED, the Town Board hereby authorizes "No Parking" on the west side of
Fairgrounds Drive, 450 ft. from the intersection of Fairgrounds Drive and US Route 11, to allow
emergency vehicles safe access to the narrow street, and it is further
RESOLVED, the Highway Sup't. is hereby authorized and directed to install "No Parking" signs
on the west side of Fairgrounds Drive.
RESOLUTION 454 REFER AQUIFER PROTECTION PERMIT APPLICATION
SUBMITTED BY GERALD RUGGIERO FOR PROPERTY
LOCATED ON MCLEAN ROAD TO THE TOWN AND
COUNTY PLANNING BOARDS FOR REVIEW AND
RECOMMENDATIONS
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Aquifer Protection Permit application submitted by Gerald Ruggiero for
property located on McLean Road, tax map #96.09-01-25.100 & 25.200 shall be referred to the
Town and County Planning Boards for their review and recommendations.
RESOLUTION 455 SCHEDULE PUBLIC HEARING REGARDING THE
APPLICATION FOR FUNDING TO NYS RESTORE -NY
COMMUNITIES PROGRAM FOR THE HOMER-CORTLAND
COMMUNITY AGENCY INC. (BROCKWAY MUSEUM
COMPLEX)
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for March 21, 2007 at 5:00 p.m.
regarding the application to New York State for funding under the Restore -NY Communities
Program for the Homer -Cortland Community Agency Inc. (Brockway Museum Complex), for
property located at 4386, 4392 US Route 11.
RESOLUTION #56 SCHEDULE PUBLIC HEARING FOR SHIFT OF OPERATION
INTO AN EMPIRE ZONE FOR W2 OPERATOR TRAINING
GROUP. LLC.
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for March 21, 2007 at 5:00 p.m.
regarding the Shift of Operation into an Empire Zone for W2 Operator Training Group, LLC.
located at 447 Hoy Road, to 129-131 Port Watson Street in the City of Cortland Empire Zone.
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file
correspondence from Senator James Seward, dated February 20, 2007, regarding his support of
the NYS Education Department Grant Application submitted by the Town for the
implementation of a Geographic Information System (GIS). All voting aye, the motion was
carried.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and
file correspondence, Lease Agreement and the NYS Board of Real Property Services Application
(RP-412a) from Attorney John P. Sidd, Riehlman Shafer and Shafer Attorneys at Law, dated
February 19, 2007, regarding the Cortland County Industrial Development Agency — Luker Road
Team Track. All voting aye, the motion was carried.
MARCH 06, 2007 TOWN BOARD MEETING PAGE 14
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and
file the "Fact Sheet" from the NYS DEC regarding a Public Meeting to be held March 8, 2007 at
7:00 p.m. regarding the "Remedy Proposed for the NYSEG Cortland Homer Former MGP Site
Operable Unit 0 L " All voting aye, the motion was carried.
No further comments or discussion were heard.
Councilman Testa 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 6:30 p.m.
Respectfully submitted,
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville
*Note:
The draft version of this meeting was submitted to the Town Board for their review on April 18, 2007.
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