The URL can be used to link to this page

Home My WebLink About01-16-2008JANUARY 16, 2008 5:00 P.M. 1 i 1 1 F-� PUBLIC HEARING NO. 1 LOCAL LAW OF 2008 BULK REGULATIONS FOR REVISED ZONING ORDINANCE CHAPTER 178 OF THE TOWN CODE 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, regarding the enactment of a Local Law revising the Zoning Code of the Town of Cortlandville to include Bulk Regulations relating to Business and Industrial Districts within the Town. 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 B. Folmer; Code Enforcement Officer, Tom Williams; Dick Benchley representing the J.M. Murray Center; Kelsie Reed; Thomas S. and Diana Dovi; Thomas J. Dovi; Mark and Joyel Ecker; Sherry Davis; Anna Maria Maniaci; Roberto and Kellie Maniaci; Representatives of C.A.P.E.: Robert Rhodes and Grace Meddaugh; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the Public Hearing to order. Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal notice. Supervisor Tupper offered privilege of the floor to those in attendance. No comments or discussion were heard. Supervisor Tupper explained the reason the public hearing was necessary was because the Bulk Regulations were inadvertently omitted from the final draft of the Revised Zoning Ordinance, dated December 10, 2007, which the Board already conducted a public hearing on. Attorney Folmer advised the Board to conduct a public hearing on the Bulk Regulations prior to voting on the new Zoning Ordinance. Councilman Testa made a motion, seconded by Councilman O'Donnell, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 5:02 p.m. -1 Z_ JANUARY 16, 2008 5:02 P.M. 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 B. Folmer; Code Enforcement Officer, Tom Williams; Dick Benchley representing the J.M. Murray Center; Kelsie Reed; Thomas S. and Diana Dovi; Thomas J. Dovi; Mark and Joyel Ecker; Sherry Davis; Anna Maria Maniaci; Roberto and Kellie Maniaci; Representatives of C.A.P.E.: Robert Rhodes and Grace Meddaugh; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order. RESOLUTION #20 AUTHORIZE PAYMENT OF VOUCHERS - JANUARY Motion by Councilman Proud 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 #13 - 51 $ 78,512.68 General Fund B B1 - B5 $ 9,568.96 Highway Fund DB D7 - D21 $ 44,374.17 Trust & Agency T2 - T2 $ 34,560.14 Water Fund W8 - W22 $ 10,512.36 Sewer Fund S4 - S8 $ 3,770.00 Supervisor Tupper offered privilege of the floor to Thomas J. Dovi. Thomas J. Dovi requested privilege of the floor to speak as a tax -paying citizen of the Town and as a resident of Worthington Place, regarding the subdivision of land on Cedar Crest Drive that was purchased by the Town. Mr. Dovi felt the issue was not "one-dimensional" and discussed three separate areas. First, Mr. Dovi questioned the Board's rationale and decision -making process in the acquisition of land. He felt the initial purpose for purchasing the land changed several times: 1) to accommodate future sewer service to surrounding neighborhoods; 2) to accommodate sewer and drainage needs; 3) use as a walking trail and canine recreation. Secondly, Mr. Dovi questioned the financial ramifications to the citizens of the Town. As a taxpayer he was concerned over the $10,000 purchase price for the 20' x 400' piece of land. He felt the Board should have been more patient and should have attempted to get a more cost effective easement as there was no urgency for sewer purposes. Mr. Dovi felt the Town set a precedent that would be costly in the future. Lastly, Mr. Dovi questioned the Board's viewpoint that the issue was simply a neighborhood dispute. He suggested there are two neighborhoods: the established neighborhood, comprised of Sleepy Hollow, Bowling Green, Winkle Way, Spruce Run; and the upstart, growing neighborhood, comprised of Worthington Place and Cedar Crest Drive. Mr. Dovi stated there was a "perceived entitlement, exhibited by a few residents of the established neighborhood over the land that is being developed into our growing neighborhood." Mr. Dovi did not believe the dispute could be settled by the neighborhood, and stated that the resolution must come from the Board. He asked the Board to re-examine the purchase of the land and to ask themselves: 1) whether the $10,000 spent was the best use of taxpayer money; 2) how the purchase has effected the residents of Cedar Crest Drive. Mr. Dovi submitted his written comments to the Board. 1 1�5 JANUARY 16, 2008 TOWN BOARD MEETING PAGE 2 Supervisor Tupper offered privilege of the floor to Thomas S. Dovi. Thomas S. Dovi apprised the Board he has been a resident of the Town for 32 years. When he purchased his land on Cedar Crest Drive, and according to the May 25, 2004 subdivision map, there was no walkway planned for the development. Mr. Dovi was concerned for his daughter, Joyel Ecker, who would not have purchased her property on Cedar Crest Drive had she known the walkway was planned. Mr. Dovi believed the Board created the issue when they purchased the lot. He did not believe the neighbors could resolve the issue. Mr. Dovi apprised the Board that on December 11, 2007, Attorney Bardsley sent Attorney Folmer a proposal from Mr. Dovi to resolve the issue. At the December 19, 2007 Town Board Meeting, Attorney Folmer confirmed receipt of the proposal and indicated he would forward the proposal to Supervisor Tupper. However, at the January 2, 2008 Town Board Meeting, neighbors of Bowling Green, Winkle Way, and Sleepy Hollow were informed of the proposal before any discussion occurred with Attorney Bardsley. Mr. Dovi stated when "personal agendas are in the way it reflects on the whole Board." In closing, Mr. Dovi stated the Board must resolve the issue. Supervisor Tupper offered privilege of the floor to Kellie Maniaci. Kellie Maniaci apprised the Board that she and her husband Roberto have lived on Worthington Place for 13 years. She requested privilege of the floor to discuss the Town's Cedar Crest Drive Property and some facts regarding the situation, which she obtained from Town Planning Board Meetings, Town Board Meetings, and from discussions she had with members of the Board. Mrs. Maniaci sited the Planning Board Minutes of May 29, 2007, in which the Planning Board recognized the proposal for the Town to purchase the Cedar Crest Drive property to provide access to the parcel of land behind it, perhaps to run sewer and water in the future. There was no mention of a public walkway. According to Mrs. Maniaci's phone conversations with Supervisor Tupper, Councilman Testa and Councilman Proud, in August 2007, each Board member stated that the strip of land was purchased for future plans of running sewer lines and to take care of potential flooding. Councilman Proud added that he urged the Town to consider walking trails throughout the Town, but that was not the reason for the purchase of land. At the November 11, 2007 Town Board Meeting, Mrs. Maniaci recalled that Councilman Rocco stated the property was purchased due to the possibility of flooding, as the holding pond behind Cedar Crest Drive had flooded before. Councilman Rocco stated there were two reasons for the purchase of the land: 1) use the property for a water and sewer tie in; 2) bring electric in. Mrs. Maniaci noted that Councilman Rocco also commented on the land being convenient to the older members of the neighborhood who have dogs. Supervisor Tupper agreed the purpose of the purchase of land was to eventually run sewer lines. At the December 5, 2007 Town Board Meeting, Mrs. Maniaci stated the property was suddenly being referred to as a walking trail. Attorney Folmer explained at the December meeting that the Town tried to obtain an easement from the Murdocks. However, the Murdocks felt an easement would hinder their chances to sell the property. At this point, Mrs. Maniaci stated she learned the Town had been trying to create walking trails to connect developments. However, she stated that neither she nor her neighbors were ever informed that a walking trail was being proposed in their development. She questioned whether the idea for a walking trail arose after the purchase of the land, or whether the residents were deceived regarding the reason the property was purchased. Mrs. Maniaci also noted that according to Attorney Folmer's statements at the December meeting, the main issue arising from the situation was one of privacy, and that it was not the Board's job to ensure privacy of the residents. However, Mrs. Maniaci stated that the Eckers purchased a building lot that did not have a proposed walking trail near it, and at no time had reason to believe that their property would be adjacent to a public walking path. Mr. Maniaci suggested that by looking at the facts of the situation, the Town Board created the situation by their actions and lack thereof. Mrs. Maniaci apprised the Board that she and every neighbor she spoke to on Worthington Place and Cedar Crest Drive are opposed to the affairs regarding the Town's property, and do not utilize the piece of land. She stated the only people who use the path are people who don't live in the development. Mrs. Maniaci suggested that if residents who live on Bowling Green, Winkle Way, and Spruce Run would like a path to use, they should use the area referred to at the January 2, 2008 meeting (walking path of First United Methodist Church). Mrs. Maniaci also stated that concerned parents did not believe the strip of land was helpful in any way to children, but that it was dangerous to an unsupervised, out of sight child. i I JANUARY 16, 2008 TOWN BOARD MEETING PAGE 3 In conclusion, Mrs. Maniaci stated the situation had escalated, and that "we need to look for truth, empathy, common sense, and decency." Her written comments were submitted to the Board. Councilman Rocco questioned how far Mrs. Maniaci lived from the Town's Cedar Crest Drive property and how the property affects her family. Mrs. Maniaci stated she lived approximately 500' from the property, however she was concerned for her friends, the Eckers, who live adjacent to the property. Councilman Rocco stated there are 67 residents who signed a petition in favor of the property. Mrs. Maniaci clarified that 36 people signed the petition. Councilman Rocco stated he did not have an issue with the use of the property, which he lived 50' away from. He noted the uses of the property, and stated it would also serve as a safe path for children to go between neighborhoods, rather than via Fairview Drive and Route 222. Mrs. Maniaci stated she would never send her children, at their age, down a secluded path that leads to a retention pond. At this point in the meeting, discussion became aggravated. Councilman Proud made a motion, seconded by Councilman Testa, to recess the Regular Meeting. All voting aye, the motion was carried. The meeting was recessed at 5:30 p.m. The Town Board reconvened the Regular Meeting at 5:35 p.m. Supervisor Tupper offered privilege of the floor to Joyel Ecker. Joyel Ecker introduced herself and her husband, Mark, to those in attendance. She reiterated her disapproval of having a walking path 15' from her new home. She mentioned the petition in favor of the Town's Cedar Crest Drive property, which was being used as a walking path. She suggested that if the residents of the Bowling Green neighborhood wanted a walking path to connect the neighborhoods, then Town should investigate another area for doing such. She suggested the Board ask the residents of 718 and 722 Bowling Green, who signed the petition, for an easement to utilize the land between their homes for a walking path. Mark Ecker asked the Board to have empathy, and to consider how they would react if they were in the same position that he and his wife were in. Supervisor Tupper offered privilege of the floor to John Mason. John Mason, representing Alliance Bank of Cortland, presented the Board with a check in the amount of $25,000.00 in support of the Cortlandville Starr Road Park and Recreation Center. Mr. Mason commended the Board for their vision and fortitude for the Starr Road Park, and for their endurance to see the project through to completion. The Board thanked Mr. Mason and Alliance Bank for the generous contribution and continued support for the Starr Road Park & Recreation Center project. The monthly report of the Town Justice for the months of October, November, and December 2007, and for the Supervisor for the month of December 2007, were on the table for review and are filed in the Town Clerk's office. RESOLUTION #21 ACCEPT ANNUAL REPORT OF THE TOWN CLERK Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Annual Report of the Town Clerk for the year 2007 is hereby accepted, and shall be received and filed. 15 JANUARY 16, 2008 TOWN BOARD MEETING PAGE 4 Councilman and Town Historian Rocco apprised the Board he was hosting a meeting for the historians of Cortland County at the Raymond G. Thorpe Municipal Building on Saturday, January 19, 2008, at 10:00 a.m. Not only would the upcoming bicentennial be discussed, a tour of the new municipal building would be given, which would include the new vault. Under communications, Supervisor Tupper reported he received correspondence from Code Enforcement Officer, Tom Williams regarding the timeframe for the construction of the Wal-Mart Supercenter. Supervisor Tupper informed the Board the mileage rate, approved by the IRS was fifty and a half cents ($0.505). The Board adopted the IRS mileage rate for the Town at the December 19, 2007 Town Board Meeting. With regard to the NYS Route 281/Route 13 Corridor Project, and the Town's plan to replace water lines in connection with the project, Councilman Proud stated the Board should receive the wording for the proposed resolution to accomplish the project at the next meeting. Attorney Folmer and the Board reviewed the Long Form SEQRA for Local Law No. 1 of 2008, Revised Zoning Ordinance. The Long Form SEQRA was prepared by the Town's engineering firm, Clough, Harbour & Associates, LLP (CHA), and was mailed to the Board for their review prior to the meeting. Part 1, Part 2, and Part 3 of the EAF were completed. Attorney Folmer summarized the contents of the Long Form SEQRA and reviewed the questions with the Board. With regard to Part 2 of the EAF, and question #20, "Is there, or is there likely to be, public controversy related to potential environment impacts?" Councilman Proud suggested the Board answer yes. He suggested the following language be added: "There has been a view expressed by some that more stringent protection of the aquifer is desired." An attachment to the SEQRA Form, Parts 2 and 3, was also included with all of the documentation. Councilman Proud stated there were two issues that were repeatedly discussed at the public hearings and addressed by CHA, aquifer protection and greenspace. CHA assured the Town there was not a direct correlation between greenspace and aquifer protection. Councilman Proud was content with the lot coverage percentages in the proposed Zoning Ordinance, which were an improvement from the existing ordinance. Councilman O'Donnell recalled there was no significant difference between lot coverages of 60% and 70%. Attorney Folmer stated it was important to recognize that when Scott Smith from CHA discussed the proposed Zoning Ordinance at the January 2, 2008 Town Board Meeting, two important points were made that the Board should remember. First, there is no scientific evidence that conclusively proves one way or the other that a differential between 60% and 70% lot coverage would make any change in any outcome. Secondly, and more importantly, if the only thing the Town had in existence was this ordinance that said 70%, CHA may then be concerned about the 70% lot coverage requirement. However, in addition to the Zoning Ordinance the Town has an Aquifer Protection Permit process, a wastewater treatment process, and a stormwater management process. Given the regulations the Town has by ordinance, Attorney Folmer stated that if there is a difference between 60% and 70% lot coverage, the Town's other processes should eliminate any concern. Councilman O'Donnell commented that the Planning Board would take everything into consideration before approving an application. Councilman Testa mentioned that the Town has had problems with the Walgreens site on NYS Route 281/Route 222. He questioned whether the Lead Agency of the application (Town Planning Board) was responsible for requiring the owner or developer to test the monitoring wells. According to Attorney Folmer, there has been no formal requirement for monitoring of wells within the Town. Historically, the function has been accomplished by the County Health Department. However, the Planning Board knows that monitoring is possible, and where necessary would include monitoring in the approval of applications. Councilman Proud stated the Board would have to look at the monitoring in the future and decide how to implement the follow-up procedures for monitoring. Attorney Folmer explained that the Town Board has the final determination in the approval or denial of an Aquifer Protection Permit. Before approval of the permit, the Board should look at the Planning Board's recommendations and monitoring. The Board could require monitoring as a condition, or could refer the application back to the Planning Board to deal with the issue of monitoring. 16 JANUARY 16, 2008 TOWN BOARD MEETING PAGE 5 Supervisor Tupper commented that the Wal-Mart Supercenter was the first project the Town approved in which monitoring was written right into the approval. He thought that future applications would probably not get approved without monitoring or guarantees. With regard to the Walgreens application, the Town approved the permit without requiring monitoring, and therefore cannot require Walgreens to do so. Supervisor Tupper requested a vote on the proposed Revised Zoning Ordinance. RESOLUTION #22 DECLARE NEGATIVE IMPACT FOR LOCAL LAW NO. 1 OF 2008 Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Full Environmental Assessment Form for Local Law No. 1 of 2008, therefore BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare that Local Law No. of 2008 shall have no significant environmental impact. RESOLUTION #23 ADOPT LOCAL LAW NO. 1 OF 2008 AMENDING THE ZONING LAW AND MAP OF THE TOWN OF CORTLANDVILLE Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: Supervisor Tupper Aye Councilman Testa Aye Councilman O'Donnell Aye Councilman Rocco Aye Councilman Proud Aye ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law amending the Zoning Ordinance and Map of the Town of Cortlandville, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the 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, 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. 1 of 2008, amending the Zoning Ordinance and Map of the Town of Cortlandville, a copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: 1 1 1 i7 JANUARY 16, 2008 TOWN BOARD MEETING PAGE 6 Chapter 178 Zoning Article I Title; Definitions Section 178-2 Definitions and word usage, subsection C shall be amended by adding the following in appropriate alphabetical order: PROFESSIONAL OFFICES - Those business offices which have as their principal uses services provided by professionals .licensed by the State of New York and/or other unlicensed professionals including, but not limited to physicians, dentists, health care professionals, lawyers, architects, engineers, accountants and veterinarians. BUSINESS ESTABLISHMENTS - Business uses such uses as real estate brokers and insurance agents that provide walk-in services for their clients, but that do not solely rely on walk-in customers. PERSONAL SERVICE ESTABLISHMENTS - A business where professional or personal services are provided for gain and where the sale at retail of goods, wares, merchandise, articles or things is only accessory to the provisions of such services, including but without limiting the generality of the foregoing, the following: barber shops, beauty shops, tailor shops, laundry or dry-cleaning shops, shoe repair shops. SALES ESTABLISHMENTS - A building where goods, wares, merchandise, substances, articles or things are offered or kept for sale, including storage of limited quantities of such goods, wares, merchandise, substances, articles or things are, sufficient only to service such store. LOT COVERAGE PERCENTAGE - The sum of all buildings, parking areas, access driveways and driving aisles divided by the total lot area. ADVERSE IMPACT - A negative impact to land or waters resulting from a construction or development activity. The negative impact includes increased risk of flooding, degradation of water quality, sedimentation, reduced groundwater recharge, impacts on aquatic organisms or other resources, or threats to public health. AS -BUILT PLANS - A set of engineering or site drawings that delineate the specific permitted stormwater management facility as actually constructed. CATCH BASIN (DRAIN INLET) - A structure which allows the entry of surface runoff into a storm sewer by connection to the storm sewer. CONSTRUCTION ACTIVITY - Land development, site preparation, building erection or the installation of infrastructure and improvements. DETENTION - The temporary storage of stormwater runoff. DETENTION STRUCTURE - A permanent stormwater management structure whose primary purpose is to temporarily store stormwater runoff. A detention structure may be dry during nonstorm events or may have a permanent pool of water. DEVELOPER - A person, corporation, organization or agency undertaking activities covered by these regulations, or for whose benefit activities covered by these regulations are commenced and/or carried out. DEVELOPMENT - To make a site or area available for use by physical alteration. Development includes but is not limited to providing access to a site, clearing of vegetation, grading, earth moving, paving, providing utilities and other services such as parking facilities, stormwater management and erosion control systems and sewage disposal system, altering landforms or construction of a structure on the land. DIVERSION - Channel constructed across a slope for the purpose of intercepting surface runoff; also, changing the accustomed course of all or part of a stream. JANUARY 16, 2008 TOWN BOARD MEETING PAGE 7 DRAINAGE - The gravitational movement of water by surface runoff or subsurface flow; also, the removal of excess surface water or groundwater from land by means of surface or subsurface drains. DRAINAGE AREA - The land area contributing surface runoff or subsurface water flows to a single point. DRY WELL - A small infiltration trench to which inflow is conducted via pipe. It is commonly covered with soil and used for drainage areas of less than one acre such as roadside inlets and rooftop runoff. EROSION - The removal of soil particles by the action of water, wind, ice or other geological agents. EXCAVATION - Any activity which removes or significantly disturbs rock, gravel, sand, soil or other natural deposits. FILLING - Any activity which deposits natural or artificial material so as to modify the surface or subsurface conditions of land, lakes, ponds or watercourses. FIRST FLUSH - The delivery of a disproportionately large load of pollutants during the early part of storms due to the rapid runoff of accumulated pollutants. The first flush is defined as the runoff generated from the first 1/2 inch of runoff from the entire site from land which has been made less pervious than the pre -development conditions through land grading and/or construction/development activities. FOREBAY - An extra storage area or treatment area, such as a sediment pond or created wetland, near an inlet of a stormwater management facility to trap incoming sediments or take up nutrients before they reach a retention or detention pond. GRADING - Alteration of the surface or subsurface conditions of land or water bodies by excavating, filling (including hydraulic fill) or stockpiling of earth materials or any combination thereof. IMPERVIOUS SURFACE AREA - Impermeable surfaces, such as pavement or rooftops, which prevent the percolation of water into the soil. INFILTRATION - The passage or movement of water through the soil profile. INFILTRATION PRACTICE - The infiltration of runoff on -site by the use of vegetative depressions and buffer areas, pervious surfaces, drywells, basins and trenches, permitting immediate recharge into groundwater. LAND DISTURBING ACTIVITY - A land change or construction activity for residential, commercial, silviculture, industrial and institutional land use which may result in soil erosion from water or land, or may result in the movement of sediments or pollutants, or may result in accelerated stormwater runoff; including site preparation activities, stripping, land clearing, grading, excavation, filling, earth moving activities, paving and construction of building or structures. MULCH - A layer of plant residue or other material applied to the land surface for the purpose of controlling erosion. ON -SITE STORMWATER MANAGEMENT - The design and construction of stormwater management practices that are required for a specific land disturbing activity, on the site where the land disturbing activity occurs. PAVEMENT - Materials which form a firm or solid surface for the purpose of vehicular or pedestrian travel or parking; including concrete, asphalt, gravel, stone, brick, or a combination thereof. PEAK FLOW - The maximum rate of flow of water at a given point and time resulting from a storm event. PEAK FLOW ATTENUATION - The reduction of the peak discharge of storm runoff by storage and gradual release of that storage. 19 JANUARY 16, 2008 TOWN BOARD MEETING PAGE 8 PLAN - The Stormwater Pollution Prevention Plan for a given project. PONDING - The incidental accumulation of surface runoff water on the land surface in an area not designed as part of a stormwater management system as a detention, retention or infiltration area. REGIONAL STORMWATER MANAGEMENT - The design and construction of regional stormwater management facilities that are necessary to control stormwater discharge from more than one land disturbing activity. RETENTION - A practice designed to store stormwater runoff by collection as a permanent pool of water without release except by means of evaporation, infiltration or attenuated release when runoff volumes exceeds the storage capacity of the pool. RIPRAP - A combination of large stone, cobbles and boulders used to line channels, stabilize stream banks, and reduce runoff velocities. RISER - A vertical pipe that is used to control the discharge rate from a pond for a specified design storm. RUNOFF - That portion of the precipitation on -site that is discharged from the site across the surface of land, pavement or rooftops. SEDIMENT - Solid material, both mineral and organic, that is in suspension, is being transported, has been deposited, or has been removed from its site of origin by erosion. SEDIMENTATION - The action or process of forming or depositing sediment. SEQR - The New York State Environmental Quality Review Act and regulations. SITE PREPARATION — The activities of stripping, excavating, filling and grading, no matter what the purpose of these activities. STABILIZATION - The prevention of soil erosion by surface runoff or wind through the establishment of a soil cover through the use of vegetative or structural means. STABILIZED CONSTRUCTION ENTRANCE - A stabilized pad of stone aggregate underlain with filter cloth located at any point where traffic will be entering or leaving a construction or development site to or from a public right-of-way, street, alley, sidewalk or parking area. STREAM CORRIDOR - The landscape features on both sides of a stream, including soils, slope and vegetation, whose alteration can directly impact the stream's physical characteristics and biological properties. STRIPPING - Any activity which removes or significantly disturbs trees, brush, grass, or any other kind of vegetation. STORM SEWER (STORM DRAIN) - A conduit which carries stormwater and drainage to a point of discharge to a watercourse or water body. STORMWATER - The discharge of water from the surface of land resulting from precipitation or snow or ice melt; including surface runoff, groundwater flows, percolation and seepage. STORMWATER POLLUTION PREVENTION PLAN - A site -specific detailed design for the control of soil erosion, sedimentation, stormwater quantity, and water quality impacts resulting from any land disturbing activity. STORMWATER MANAGEMENT - For water quantity control, a system of vegetative, structural and other means that control the volume and rate of stormwater runoff which may be caused by land disturbing activities or activities upon the land; and, for water quality control, a system of vegetative structural, and other measures that control adverse effects on water quality that may be caused by land disturbing activities or activities upon the land. SUB WATERSHED - A contributing drainage area within a watershed. SWALE - A natural depression or wide shallow ditch used to route or filter runoff. zo JANUARY 16, 2008 TOWN BOARD MEETING PAGE 9 VARIANCE - The modification of the minimum stormwater management and erosion control requirements for specific circumstances such that strict adherence of the requirements would result in unnecessary hardship and not fulfill the intent of this article. VEGETATIVE FILTER STRIP - An area of grasses or other permanent vegetation used to retard the flow of runoff water, causing deposition of transported materials, thereby reducing sediment flow. WAIVER - The relinquishment from stormwater management and erosion control requirements for a specific development on a case -by -case review basis. WATERCOURSE - Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drainageway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed and banks, and any area adjacent thereto subject to inundation by reason of overflow, flood or stormwater. WATER QUALITY - Those characteristics of stormwater runoff from a land disturbing activity that relate to the chemical, physical, biological or radiological integrity of water. WATER QUANTITY - Those characteristics of stormwater runoff that relate to the rate and volume of delivery of the stormwater runoff to downstream areas resulting from land disturbing activities. WATERSHED - A region or area contributing stormwater ultimately to a particular watercourse or body of water. Article I -A General Provisions The three (3) Wellhead Protection Zones, referred to as Zone 1 a, Zone lb, and Zone 2 are based upon the Draft Delineation of Wellhead Protection Areas, Town of Cortlandville and City of Cortland, New York - May 2002 prepared by the Cortland County Soil and Water Conservation District. The Wellhead Protection Zones are described as: Zone Ia. Zone la is based on a potential 2-year travel time for a pollutant. (It takes groundwater located within Zone 1 a two years or less to reach the wells.) Zone la represents the zone that possesses the most immediate threat to the public health, safety, and general welfare if the area were it to become contaminated with pollutants. Zone lb. Zone lb is based on a potential 5-year travel time for a pollutant. (It takes groundwater five years or less to reach the wells.) Zone 2. Zone 2 includes those land areas within the Town of Cortlandville that are a potential source of water to the wells. Zone 2 includes land over the aquifer and land from upland areas that provide recharge to the aquifer. The following provisions are applicable to the B-1, B-2, B-3, I-1 and I-2 Zoning Districts created and defined herein. A. Lot Coverage. Lot coverage shall comply with the more restrictive of the Town's bulk regulations, wellhead protection zones or as otherwise required by the Town Planning Board as well as other Town requirements. Structures, parking areas and roadways shall not occupy more than the maximum lot coverage indicated by the following: (1) Lots or parcels located in Wellhead Protection Zone 1 a as defined on the zoning map shall provide 50% greenspace. (2) Lots or parcels located in Wellhead Protection Zone lb as defined on the zoning map shall provide 30% greenspace. (3) Lots or parcels located outside of Wellhead Protection Zone la and lb as defined on the zoning map shall provide 25% greenspace. (4) Lots or parcels having areas of three (3) acres or less, regardless of location, shall provide 20% greenspace. Notwithstanding the foregoing, the Planning Board may, by Special Permit, reduce the required greenspace in lots or parcels having three (3) acres or less in area to 15%. z �- JANUARY 16, 2008 TOWN BOARD MEETING PAGE 10 (5) Any parcel of three acres or less created by subdivision or other method after the effective date of the Ordinance shall not exceed 70% lot coverage in Zones la and lb and 75% lot coverage in Zone 2 and outside Wellhead Zones. (6) Agricultural uses, single family and two family residential uses and accessory . residential uses shall be exempt from the lot coverage provisions of this Article. (7) Developed properties or sites in existence on the effective date of this Ordinance that change ownership with no change in the size of an existing building, structure, parking lot and/or driveway shall be exempt from the lot coverage provisions of this Article. (8) For any properties that do not presently conform to lot coverage required by this ordinance any change in the size of an existing building, structure, parking lot and/or driveway that is 500 square feet or more shall result in a reduction of the amount of the parcel's impervious surface by five percent. This requirement will apply to subsequent alterations of 500 square feet or more to an existing building, structure, parking lot and/or driveway until the site's impervious surface was reduced to meet the parcel's overall lot coverage requirement. B. Setbacks. All setbacks shall comply with the Town's bulk regulations or as otherwise required by the Town Planning Board as well as other Town requirements. C. Depth of lots or parcels shall be no more than three times the average width and that lots incorporating septic systems and private wells shall comply with all rules and regulations administered by the Cortland County Health Department, and shall not be less than 2.4 acres in area. Article III Zoning Districts Section 178-3. Establishment of districts is amended by deleting the following: E. Business District F. Industrial District G. Business Transition District Section 178-3 is amended to include the following: E. Neighborhood Business B-1 District F. Highway Commercial Business B-2 District G. Planned Commercial Business B-3 District H. Light Industrial, Office, Business Park I-1 District I. General Industrial I-2 District Section 178-3 (G) is relettered: J. Aquifer Protection District Article VII Business District and Article VIII Business Transition District Shall be replaced by the following: Neighborhood Business B-1 District 178-1. Statement of intent. The purpose of this district is to provide areas located in the Town and in or adjacent to residential neighborhoods, for various business uses which provide essential services, but that are limited in size and use to those that are compatible with nearby residential and similar small business uses. It is the specific intent of this district to prohibit uses which would be detrimental to or incompatible with adjoining residential use, community aesthetics, aquifer protection and pedestrian activity. This district is intended as a compatible transition area between residential, commercial and industrial areas because of the generally low traffic volumes associated with permitted uses, and hours of operation which make them compatible as transitional uses. z� JANUARY 16, 2008 TOWN BOARD MEETING PAGE 11 In addition to the requirements of this Article compliance with the applicable provisions of Article X Aquifer Protection District is required. 178-2. Permitted structures and uses. Permitted structures and uses shall be as follows: A. Residential: 1.) Single-family dwelling. 2.) Two-family dwelling. 3.) Customary uses accessory to the above, as defined in this chapter, which are an integral part of and used solely for the permitted use and deemed appropriate by the Code Enforcement Officer. 178-3. Permitted uses subject to site plan approval. Permitted uses subject to site plan approval shall be as follows: A. Business: 1.) Multiple dwellings; up to four dwelling units in a single structure 2.) Professional offices 3.) Insurance offices or other similar business establishments 4.) Personal service establishments 5.) Hotels, motels, tourist homes and rooming houses with a 2-story maximum and not exceeding 15,000 square feet per story B. At any time that a specific use originally permitted within this district is to be changed so that it involves a separate, different and distinct service, use, process or product, the applicant, after consultation with the Planning Board, may be required to obtain a conditional permit for any and all phases of the operation, which may become or have become detrimental to the neighborhood, and be corrected prior to such issuance of a conditional permit. 178-4. Uses subject to conditional permit Uses subject to conditional permit shall be as follows: A. Residential: 1.) Multiple -family dwelling with over four dwelling units. B. Religious institutions: 1.) Churches, chapels, temples, synagogues and related uses. C. Educational institutions: 1.) Schools, public and private; all age groups 2.) Libraries D. Non-profit institutions, charities, cultural, recreational and social activities: 1.) Public and private clubs 2.) Parks and playgrounds 3.) Public swimming pools E. Health, medical, dental and care services which operate during limited hours and that do not provide overnight care. 1.) Clinics 2.) Nursery or child day-care centers 3.) Mortuaries or funeral homes 178-5. Hours of Operation No business establishments in any B-1 district shall be open to the public except between the hours of 7:00 a.m. to 9:00 p.m. without prior Planning Board approval that may modify hours of operation with the granting of a conditional use permit based upon the intensity of the use and potential impact on neighboring areas. Z3 JANUARY 16, 2008 TOWN BOARD MEETING PAGE 12 178-6. Dimensional Requirements A. Lot Area. Lot area shall comply with the Town's bulk regulations or as otherwise required by the Planning Board as well as other Town requirements. B. Floor Area. Any separate commercial, retail, professional or business use, owned or leased, shall not exceed five thousand (5,000) square feet in floor area without first obtaining a Conditional Permit unless otherwise noted herein. 178-7. Prohibited Use A. Outside Storage. The outside storage of any equipment, products, raw materials, waste or similar materials in this district that is detrimental to nearby residential uses, community aesthetics and aquifer protection as determined by the Planning Board, is prohibited as well as the outside storage of disabled vehicles, parts thereof, vehicles not qualifying for a New York State automobile inspection sticker, wrecked vehicles and parts thereof, and junk of any kind. Highway Commercial Business B-2 District 178-1. Statement of intent. The purpose of this district is to provide areas in the Town for retail sales and commercial business enterprises that primarily serve the motoring public and that are auto -oriented in size and use, and that are compatible with, but function independently from other adjacent and nearby non-residential uses on highways designed to handle large traffic volumes. It is the intent of this district to prohibit uses that would be detrimental to adjoining districts community aesthetics, aquifer protection and an orderly flow of on -site and off -site vehicular traffic. In addition to the requirements of this Article, compliance with the applicable provisions of Article X Aquifer Protection District is required. 178-2. Permitted structures and uses. Permitted structures and uses shall be as follows: A. Residential: 1.) Single-family dwelling. 2.) Two-family dwelling. 3.) Customary uses accessory to the above, as defined in this chapter, which are an integral part of and used solely for the permitted use and deemed appropriate by the Code Enforcement Officer. 178-3. Permitted uses subject to site plan approval. Permitted structures and uses subject to site plan approval shall be as follows: A. 1.) All those permitted structures and uses, and those permitted uses subject to site plan approval, allowed under a B-1 District except for single-family and two- family and their permitted accessory uses 2.) Retail stores and sales 3.) Bakeries, laundromats, dry cleaning pick-up establishments, drug stores and pharmacies 4.) Banks, savings and loans, and credit bureaus 5.)- Indoor and drive-thru restaurants and taverns 6.) Veterinary clinics, animal shelters, kennels and pet shops 7.) Indoor theaters 8.) Indoor commercial recreation facilities 9.) Automobile and vehicular sales, used vehicle sales permitted only in combination with new vehicle sales 10.) Customary uses accessory to the above, as defined in this chapter, which are an integral part of and used solely for the permitted use and deemed appropriate by the Code Enforcement Officer. ZH JANUARY 16, 2008 TOWN BOARD MEETING PAGE 13 B. Upon determination by the Code Enforcement Officer that a specific use' originally permitted within this district is to be changed so that it involves a separate, different and distinct service, use, process or product, or involves a new operator, an application for a conditional permit must be made to the Planning Board. Prior to authorizing issuance of the conditional permit, the Planning Board may require the correction of any and all phases of the operation, which may become or have become detrimental to the neighborhood. 178-4. Uses subject to conditional permit. Uses subject to conditional permit shall be as follows: A. Residential: 1.) Multiple -family dwelling with over four dwelling units. B. Religious institutions: 1.) Churches, chapels, temples, synagogues and related uses. C. Educational institutions: 1.) Schools, public and private; all age groups 2.) Libraries D. Recreational facilities and social activities: 1.) Public and private clubs 2.) Parks and playgrounds 3.) Public swimming pools 4.) Miniature golf, golf courses and driving ranges 5.) Campgrounds, public and commercial 6.) Outdoor amusement centers, outdoor theaters and drive-in theaters E. Health, medical, and care services: 1.) Hospitals 2.) Clinics 3.) Child day-care centers 4.) Nursing homes 5.) Mortuaries and funeral homes 6.) Cemeteries F. Commercial garages and automotive repair shops G. Car wash operations H. Outdoor and drive-in restaurants I. Motor vehicle leasing facilities J. Outdoor sales of- 1.) Boats 2.) House trailers 3.) Recreational vehicles 4.) Horticultural products and supplies K. Animal hospitals L. Used car sales 178-5. Hours of Operation No business establishments in any B-2 district shall be open to the public except between the hours of 6:00 a.m. to 12:00 a.m. (midnight) without prior Planning Board approval and the Planning Board may modify hours of operation with the granting of a conditional use permit based upon the intensity of the use and potential impact on neighboring areas. 178-6. Dimensional Requirements A. Lot Area. The minimum lot area shall be appropriate to accommodate the necessary structures and comply with this ordinance, as well as other Town requirements. 1 1 1 Z5 JANUARY 16, 2008 TOWN BOARD MEETING PAGE 14 B. Floor Area. Any separate commercial, retail, professional or business use, owned or leased, shall not exceed thirty thousand (30,000) square feet in floor area without first obtaining a Conditional Permit unless otherwise noted herein. 178-7. Prohibited Use A. Outside Storage. The outside storage of any equipment, products, raw materials, waste or similar materials in this district that is detrimental to nearby residential uses, adjacent districts, community aesthetics, and aquifer protection as determined by the Planning Board, is prohibited as well. as the outside storage of disabled vehicles, parts thereof, vehicles not qualifying for a New York State automobile inspection sticker, wrecked vehicles and parts thereof, and junk of any kind. Planned Commercial Business B-3 District 178-1. Statement of intent. The purpose of this district is to provide areas in the Town for large-scale retail sales and business enterprises, on highways designed to handle large volumes of traffic, for well- planned and well -designed commercial uses and parking areas which primarily serve the motoring public and which are generally compatible with each other and which are not detrimental to adjoining uses, community aesthetics, aquifer protection or the orderly flow of on -site and off site pedestrian and vehicular traffic. In addition to the requirements of this Article, compliance with the applicable provisions of Article X Aquifer Protection District is required. 178-2. Permitted structures and uses. Permitted structures and uses shall be as follows: A. Residential: 1.) Single-family dwelling. 2.) Two-family dwelling. 3.) Customary uses accessory to the above, as defined in this chapter, which are an integral part of and used solely for the permitted use and deemed appropriate by the Code Enforcement Officer. 178-3. Permitted structures and uses subject to site plan approval. Permitted uses subject to site plan approval shall be as follows: A. 1.) All those permitted structures and uses, and those permitted uses subject to site plan approval, allowed under a B-1 and B-2 District, except for single-family and two-family residences and their permitted accessory uses. 2.) Shopping centers, provided that no gasoline service facility use shall be permitted except upon the issuance of a special permit 3.) Hotels and motels 4.) Uses accessory to the above which are an integral part of and used solely by the permitted uses and which are deemed appropriate by the Code Enforcement Officer. B. Upon determination by the Code Enforcement Officer that a specific use originally permitted within this district is to be changed so that it involves a separate, different and distinct service, use, process or product, or involves a new operator, an application for a conditional permit must be made to the Planning Board. Prior to authorizing issuance of the conditional permit, the Planning Board may require the correction of any and all phases of the operation, which may become or have become detrimental to the neighborhood. 178-4. Uses subject to conditional permit. Uses subject to conditional permit shall be as follows: z(0 JANUARY 16, 2008 TOWN BOARD MEETING A. Residential: 1.) Multiple -family dwelling with over four dwelling units. B. Religious institutions: 1.) Churches, chapels, temples, synagogues and related uses. C. Educational institutions: 1.) Schools, public and private; all age groups 2.) Libraries D. Recreational facilities and social activities: 1.) Public and private clubs 2.) Parks and playgrounds 3.) Public swimming pools 4.) Miniature golf, golf courses and driving ranges 5.) Campgrounds, public and commercial 6.) Outdoor amusement centers, outdoor theaters and drive-in theaters E. Health, medical, and care services: 1.) Hospitals 2.) Clinics 3.) Child day-care centers 4.) Nursing homes 5.) Mortuaries and funeral homes 6.) Cemeteries F. Commercial garages and automotive repair shops G. Car wash operations H. Outdoor and drive-in restaurants I. Motor vehicle leasing facilities J. Outdoor sales of: 1.) Boats 2.) House trailers 3.) Recreational vehicles 4.) Horticultural products and supplies K. Animal hospitals L. Used car sales M. Transportation and utility uses: 1.) Bus terminals 2.) Railroad lines and terminals 3.) Truck terminals 4.) Airplane landing fields 5.) Public utility substations 6.) Communication towers and antennae 7.) Storage warehouses PAGE 15 N. Any combination of residential, sales establishment, commercial, warehouse and office uses. 178-5. Hours of Operation No business establishments in any B-3 district shall be open to the public except between the hours of 6:00 a.m. to 12:00 a.m. (midnight) without prior Planning Board approval that may modify hours of operation with the granting of a conditional use permit based upon the intensity of the use and potential impact on neighboring areas. 178-6. Dimensional Requirements A. Lot Area. The minimum lot area shall be appropriate to accommodate the necessary structures and comply with this ordinance, as well as other Town requirements. 1 1 1 z7 JANUARY 16, 2008 TOWN BOARD MEETING PAGE 16 B. 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 first obtaining a Conditional Permit. 178-7. Prohibited Use A. Outside Storage. The outside storage of any equipment, products, raw materials, waste or similar materials in this district as well as disabled vehicles, parts thereof, vehicles not qualifying for a New York State automobile inspection sticker, wrecked vehicles and parts thereof, and junk of any kind is prohibited, except for equipment, products and materials incidental to business use and sales, provided that such equipment, products, and materials are not detrimental to nearby residential uses, adjacent districts, community aesthetics or aquifer protection as determined by the Planning Board. Article IX Industrial District Shall be replaced by the following: Light Industrial, Office, Business Park I-1 District 178-1. Statement of intent. The purpose of this district is to provide areas in the Town for a mix of well -planned and well - designed light industrial and business park uses that are compatible with community aesthetics, aquifer protection as well as adjacent agricultural, residential, business and commercial uses. The purpose of this district is to permit the construction of research and development -oriented industries, high technology, and light manufacturing/assembly facilities, offices, and hotels. Light manufacturing/assembly uses to be encouraged are industrial processes which are normally conducted entirely within an enclosed building, and which do not emit any odor, noxious fumes or degraded air emissions, smoke, degraded water quality, noise, heat, vibration, glare or radiation that is detectable at the property line and that do not pose a significant public safety or health hazard or significant adverse effect to the natural environment. Areas proposed to be so zoned shall be served by sanitary sewers, adequate drainage control and/or storm sewers and public water. In addition to the requirements of this Article, compliance provisions of Article X Aquifer Protection District is required. 178-2. Permitted structures and uses. Permitted structures and uses shall be as follows: A. Agriculture -related uses: 1.) Farm uses, including forestry, livestock areas, temporary roadside stands 178-3. Permitted structures and uses subject to site plan approval. Permitted uses subject to site plan approval shall be as follows: A. 1.) Offices 2.) Warehouses and wholesale distribution centers 3.) Storage facilities 4.) Agriculture -related farm dwellings, barns and farm accessory buildings 5.) Light manufacturing, assembly or processing of, including, but not limited to: a.) Electronic equipment b.) Precision instruments c.) Pharmaceutical supplies d.) Medical products 6.) Administrative or product development facilities, including, but not limited to training and technology centers 7.) Scientific research and testing laboratories 8.) Data processing, computer service centers M is JANUARY 16, 2008 TOWN BOARD MEETING PAGE 17 B. Upon determination by the Code Enforcement Officer that a specific use originally permitted within this district is to be changed so that it involves a separate, different and distinct service, use, process or product, or involves a new operator, an application for a conditional permit must be made to the Planning Board. Prior to authorizing issuance of the conditional permit, the Planning Board may require the correction of any and all phases of the operation, which may become or have become detrimental to the neighborhood. 178-4. Uses subject to conditional permit. Uses subject to conditional permit shall be as follows: A. Business: 1.) Hotels and motels 2.) Retail sales 3.) Indoor and outdoor commercial recreation facilities, except golf courses 4.) Other types of manufacturing, assembly, or processing that are not considered light by definition yet do not pose a significant adverse risk to water quality, emit any odors, noxious fumes, or degraded air emissions, smoke, noise, heat, vibration, glare, or radiation that is detectable at the property line. B. Religious institutions: 1.) Churches, chapels, temples, synagogues and related uses. C. Educational institutions: 1.) Schools, public and private; all age groups 2.) Libraries D. Recreational facilities and social activities: 1.) Public and private clubs 2.) Parks and playgrounds 3.) Public swimming pools 4.) Miniature golf 5.) Campgrounds, public and commercial 6.) Outdoor amusement centers, outdoor theaters and drive-in theaters E. Health, medical, and care services: 1.) Hospitals 2.) Clinics 3.) Child day-care centers 4.) Nursing homes 5.) Cemeteries F. Outdoor sales of 1.) Boats 2.) House trailers 3.) Recreational vehicles, mobile homes 4.) Horticultural products, equipment and supplies G. Transportation and utility uses: 1.) Bus terminals 2.) Air landing fields 3.) Public utility substations and distribution facilities 4.) Communication towers and antennae 5.) Storage warehouses H. Any combination of light industrial, warehouse and office uses 178-5. Dimensional Requirements A. Lot Area. The minimum lot area shall be appropriate to accommodate the necessary structures and comply with this ordinance, as well as other Town requirements. JANUARY 16, 2008 TOWN BOARD MEETING PAGE 18 Z9 Il 1 178-6. Prohibited structures and uses. A. See Article XIV, Section 178-77 B. Outside Storage. The outside storage of any equipment, products, raw materials, waste or similar materials in this district is prohibited except for equipment, products and materials incidental to light manufacturing and assembly processes or business uses provided that such equipment, products, and materials are not detrimental to nearby residential uses, adjacent districts, community aesthetics or aquifer protection as determined by the Town Planning Board. The outside storage of disabled vehicles, parts thereof, vehicles not qualifying fora New York State automobile inspection sticker, wrecked vehicles and parts thereof, is prohibited unless necessary to operation of such businesses. Junk storage of any kind is prohibited. General Industrial I-2 District 178-1. Statement of intent. The purpose of this district is to provide areas in the Town for general industrial use and manufacturing that is most compatible in scale and location with other nearby and adjacent transportation, commercial and industrial uses. General industrial uses are those which may be wholly or partially located outside of an enclosed building, and which have the potential to emit odor, noxious fumes and degraded air emissions, noise, degraded water quality, heat, vibration, glare, or radiation which is detectable at the property line, or may involve materials which pose a significant public health hazard or significant adverse effect to the natural environment. In addition to the requirements of this Article compliance with the applicable provisions of Article X Aquifer Protection District is required. 178-2. Permitted structures and uses subject to site plan approval and conditional permit. Permitted uses subject to site plan approval and conditional permit shall be as follows: A. 1.) Except as hereafter provided, all those permitted structures and uses, and those permitted uses subject to site plan approval, allowed under an I -I District. 2.) Manufacture, assembly or processing of a type not permitted in the I-1 District 3.) Energy generation facilities and customary related uses, including but not limited to above ground high tension energy transmission lines, maintenance, storage or repair facilities 4.). Tool and die shops 5.) Lumber and building supply establishments 6.) Construction companies and construction equipment sales and service 7.) Sand and gravel mining 8.) Bulk storage, exclusive of fuel, explosives and chemical storage 9.) Freight and trucking terminals 10.) Sanitary waste management facilities B. Upon determination by the Code Enforcement Officer that a specific use originally permitted within this district is to be changed so that it involves a separate, different and distinct service, use, process or product, or involves a new operator, an application for a conditional permit must be made to the Planning Board. Prior to authorizing issuance of the conditional permit, the Planning Board may require the correction of any and all phases of the operation, which may become or have become detrimental to the neighborhood. 178-3. Dimensional Requirements A. Lot Area. The minimum lot area shall be appropriate to accommodate the necessary structures and comply with this ordinance, as well as other Town requirements. 178-4. Prohibited structures and uses. A. See Article XIV, Section 178-77 30 JANUARY 16, 2008 TOWN BOARD MEETING PAGE 19 B. Outside Storage. The outside storage of any equipment, products, raw materials, waste or similar materials in this district is not prohibited provided that such equipment, products, and materials are not detrimental to nearby residential uses, adjacent districts, community aesthetics or aquifer protection as determined by the Planning Board. The outside storage of disabled vehicles, parts thereof, vehicles not qualifying for a New York State automobile inspection sticker, wrecked vehicles and parts thereof, is prohibited unless necessary to operation of such businesses. Junk storage of any kind is prohibited. Article XVII Nonconforming Buildings, Structures and Uses Section 178-106 Restoration of damaged nonconforming structure or use. The following statement is proposed to be amended to read: That existing non -conforming facilities with damage or destruction greater than 75% of the structure must make application to the Town to rebuild within six months and apply for a Building Permit within one year of the loss. Article XVIII Signs Section 178-113 Regulations for permitted signs. The following statement is to be added under Table 2 NOTES: replacing 25 feet with 8 feet. 2. The maximum height permitted is: a. Freestanding sign: eight (8) feet Section 8. Section 178-75 is amended by the addition of the following: In granting a conditional use, the Planning Board shall make findings of fact consistent with the provisions of this Ordinance. The Planning Board shall not approve a conditional use except in conformity with the spirit, purposes, conditions and standards outlined in this Ordinance. In order to obtain the Planning Board's approval of a conditional permit, the applicant must prove that the location, structure, and/or use: A. Is consistent with the general intent of the Town of Cortlandville's Land Use and Aquifer Protection Plan. B. Is in conformity with all applicable requirements of this Ordinance and all Town ordinances. C. Will not pose a significant threat to the quality and/or quantity of Cortlandville's sole source aquifer or its delineated Wellhead Protection Zones. D. Is in the best interests of the Town, the community, and the public welfare, and which shall not be a detriment to the properties in the immediate vicinity. E. Suitable for the property in question and designed to be constructed, operated, and maintained so as to be in harmony with and appropriate in appearance with the existing or intended character of the general vicinity. F. Does ' not cause unsuitable effects on highway traffic and safety with adequate access to protect streets from undue congestion and hazard. Section 9. Section 178-76 is amended by the addition of the following: Industrial Uses. (1) Uses and/or activities such as but not limited to the storage of or use of chemicals of any form or quantity shall not pose a significant threat to the Town of Cortlandville's Sole Source Aquifer or its delineated Wellhead Protection Zones. (2) Sufficient open space will be provided to ensure the protection of community character, aesthetics, groundwater infiltration, and buffering. (3) Buildings shall be architecturally designed to enhance or be compatible with surrounding structures in the terms of form, function, and design. Structures will be consistent with the aesthetic general intent of the Town's current Master Plan. �1 1 1 JANUARY 16, 2008 TOWN BOARD MEETING PAGE 20 31 E (4) Structures and uses will have adequate buffers to prevent negative impacts associated with noise, traffic, dust, fumes, smoke, odor, fire, glare, and/or flashing lights. (5) The use will not cause and/or be considered a nuisance to surrounding properties and will not have a negative effect on surrounding property values. (6) Will have adequate site access to protect streets from undue congestion and hazard and will not cause unsuitable effects on highway traffic and safety. (7) Will provide adequate space for parking and future development or expansion needs. Section 10. This Local Law shall take effect when filed with the Secretary of State of the State of New York as required by law. ZONING 178 Aflaclunent 5 'Gown ofCortltutdville Business District Bulk Regulations' Minimum Maximum Lot Lot Front Side Yard Rear Lot Parking D. Residential (nil) 6,000 SF 8o F 35 F, 8 F 20 F 40 F 25% None As required by Planning Board DU 2. _ Permitted uses subject to site plan approval a. Residential 1 AC 2o0 r 50 F 10 F 30 F OF 25 % None As required by Planning Board I, Multiple family dwelling up to A DU As required by Planning Band b. Business As required by Planning Board 3. _ Uses subject to conditional permit' n. Residential multiple DU's over 4 As required by Planning Board un Is. Religious institutions I AC 100 F 35 F 8 F ' 20 F 4011 #k None As required by Planning Board e. Business As required by Planning Board y d. Educational instiudians 5 AC 300 F 75 F 50 1' too F 50 F O None As rcquirod by Z Planning Board c. Recreational and social activities t AC 100 F 35 F 8 F 20 F 40 F None ' As required by f Health, medical and care facilities I AC 100 F 35 F 8 F 20 F 40 F v) None Planning Board As required by Planning Board g. Turns �ort:dion ndd utilit�uscs __.. As rcouircd by Plvmine Boaai SF Square Feel AC = Acres F = Feet % Percent DU = Dwelling Unit x Height limitations of C:otIlnnd County Airport supersede listed maximums; we 3 178-100. 4 Ramrcd In rev1ewlnaonallCatinonsslnfOi x—;ibnirovanputationoflolcovcragc. ____ 1 parking ' X n infringeY q __ S_ from g pp pp 1 of conditional permit, the Planning Hoard, in determining whether the applicable criteria have been satisfied, shall consider each application on its own merits, considering the facts and circumstances of each application Except for lot coverage requirements, these figures are provided as guidelines only for the assistance of individual applicants, and are not to be considered a statement of either minimum or maximum requirements. 5. Unless otherwise stated, lot coverage shall comply with requirements set forth in Article 21 General Provisions of this Zoning Ordinance. 178 Attachment 5:1 3Z JANUARY 16, 2008 TOWN BOARD MEETING PAGE 21 ZONING 178 Al1C chment G Town of Corllitndville Industrial District Bulk Regulations' Minimal Maximum Lot Lot Front Side Yard Rear Lot Parking .. ... .. ..... ..... .� _. .._,_...r.r a. Agricultural None None 50 F 12 F 32 F 40 P 5M,6 None As required by Planning Board 2. Pertained uses subject to site plan approval a. Agricultural As required by Planning Board b. Additions to industrial facilities Norte None 501r 12 F 32 F 40 F None As required by Planning Board c. Religious institutions t AC 100 F 50 F 12 F 32 F 40 F None As required by Planning Board 3. Uscs subject to conditional permit' a. Business (As required) 100 F 50 F 12 F 32 F 40 F # None As required by Planning Board b. Educational 3 AC 200 F 50 F 12 F 321: 40 F None As required by 0 Planning Board c. Recreational and social activities 1 AC 1001' 50 F 12 1" 32 F 40 F 2 ',. None As required by Planning Board d. licallh related I AC 100 F 5017 12 F 32 F 40 F None As required by U) Planning Board e. "I' . nsportation and utility As required by Planning Board f. Industrial None None 50 F 12 F 321' 40 F None As tcqui red by Planning Board NOTES: 'SF - Square Peet % s Percent 'AC - Acres F = Feet 1 Height limitations of Cortland County Airport supersede listed maximums; sec § 178-100. No structure shall intersect a plat nt a forty-five-cle tec angic_incHning in Gam any property line or nghl-oFwny. _... _ 4. In reviewing applications for approval of conditional permit, the Planning Board, in determining whether the applicable criteria have been satisfied, shall consider each application on its own merits, considering the facts and circumstances of each application Except for lot coverage requirements, these figures are provided as guidelines only for th assistance of individual applicants, and are not to be considered a statement of either minimum or maximum requirements. 5. Unless otherwise stated, lot coverage shall comply with requirements set forth in Article 2, General Provisions of this Zoning Ordinance. 178 Attachment 6:1 Attorney Folmer apprised the Board that Local Law No. 1 of 2008 would be effective upon filing with the Secretary of State. The Board could make changes to the Zoning Ordinance if necessary by amendment in the future. Town Clerk Snyder apprised the Board that two public hearings must be scheduled regarding the Community Development Block Grant — Town Wide Senior Housing Rehabilitation Program. The Town's grant writing company, Thoma Development Consultants, requested the public hearings be scheduled for February 20, 2008 and March 19, 2008. RESOLUTION #24 SCHEDULE PUBLIC HEARINGS FOR SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT — TOWN WIDE SENIOR HOUSING REHABILITAION PROGRAM FOR FEBRUARY 20, 2008 AND MARCH 19, 2008 Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, Public Hearings shall be scheduled for February 20, 2008 at 5:00 p.m. and March 19, 2008 at 5:00 p.m. regarding the application for a Small Cities Community Development Block Grant — Town Wide Senior Housing Rehabilitation Program. Town Clerk Snyder apprised the Board that two issues arose regarding a 2008 Town and County tax bill for property located at 3590 Route 281, tax map #95.12-01-22.000. A portion of the property was purchased by the New York State Department of Transportation after the Town's taxable status date. Therefore, an apportionment was requested for the 2008 Town and County tax bill. Because the State of New York is tax exempt, Town Clerk and Tax Collector Snyder requested the Board adopt a resolution requesting forgiveness of the NYS DOT tax bill, which would be forwarded to the County Legislature for approval. 1 33 JANUARY 16, 2008 TOWN BOARD MEETING PAGE 22 `The second issue regarding the tax bill was that the water and sewer benefit tax unit charge was miscalculated due to a computer error. The property owner was charged a water and sewer benefit tax of 15.67 units instead of the correct unit charge of 1.60 units. Town Clerk and Tax Collector Snyder requested the Board adopt a resolution. authorizing her to correct the tax bill to reflect the correct benefit tax. RESOLUTION 425 REQUEST FORGIVENESS OF A 2008 CORTLANDVILLE TOWN & COUNTY TAX BILL, OWNER OF RECORD THE NYS DOT Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, due to the upcoming reconstruction of Route 281 the NYS Department of Transportation has purchased a portion of property owned by Earle and Betty Wild, located at 3590 Route 281, tax map #95.12-01-22.000, and WHEREAS, Section 932 of the Real Property Tax Law allows Town Assessor, David W. Briggs to prepared a letter of apportionment for said property, which authorizes the Town Tax Collector, Karen Q. Snyder to generate two (2) new 2008 Cortlandville Town & County tax bills, one bill to be issued to the NYS DOT and the other to the current owner Earle and Betty Wild, based upon the apportioned assessment and applicable tax rates and WHEREAS, the State of New York is exempt from paying property taxes, therefore BE IT RESOLVED, the Town Board of the Town of Cortlandville does hereby request that said 2008 Cortlandville Town & County tax bill generated for the NYS DOT be forgiven in the amount of $2,259.09, and it is further RESOLVED, the Town Tax Collector, Karen Q. Snyder be authorized to adjust said 2008 Cortlandville Town & County tax warrant by $2,259.09. RESOLUTION #26 REQUEST CORRECTION OF A 2008 CORTLANDVILLE TOWN & COUNTY TAX BILL, OWNER OF RECORD EARLE BETTY WILD Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the 2008 Cortlandville Town & County tax bill for property owners Earle and Betty Wild for property located at 3590 Route 281, tax map #95.12-01-22.000 has a miscalculation of the town's water and sewer benefit tax charge, and WHEREAS, the correct water and sewer benefit tax charge on said tax bill should be based on 1.60 units of consumed water and not 15.67 units of consumed water, a difference of 14.07 units, and WHEREAS, the correct calculation for the town's water benefit tax charge on said tax bill should be $148.08 a correction of $1282.42, and WHEREAS, the correct calculation for the town's sewer benefit tax charge on said tax bill should be $146.07 a correction of $13 04.18, therefore BE IT RESOLVED, the Town Board of the Town of Cortlandville does hereby request that said 2008 benefit tax charges for water and sewer calculated on the 2008 Cortlandville Town & County tax bill generated for Earle and Betty Wild for property located at 3590 Route 281 be corrected by the town's Tax Collector, Karen Q. Snyder and it is further RESOLVED, the Town Tax Collector, Karen Q. Snyder be authorized to adjust said 2008 Cortlandville Town & County tax warrant by $1,282.42 for the water benefit tax and $1,304.18 for the sewer benefit tax. 3q JANUARY 16, 2008 TOWN BOARD MEETING PAGE 23 Attorney Folmer reported: Closed Town Attorney Files: Attorney Folmer apprised Town Clerk Snyder he would bring the closed Town Attorney files to the municipal building for storage. Executive Session: Attorney Folmer requested the Board conduct an Executive Session at the conclusion of the Regular Meeting to discuss pending litigation. Conveyance of Land: Attorney Folmer apprised the Board he spoke with Attorney Pomeroy regarding the status of the transfer of land off NYS Route 281 between Dr. Ambrose and the Town. He and Attorney Pomeroy were working on the descriptions for the maps to make it clear as to what was being requested. A subdivision application must be submitted to the Town Planning Board and approved before proceeding. Attorney Folmer and Attorney Pomeroy planned to submit the subdivision application to the Planning Board in time for the January Planning Board meeting. Snow Removal — Sidewalks: Attorney Folmer indicated that he submitted a proposed Sidewalk Ordinance to the Board for their review prior to the meeting. He mentioned that he did not specify in the proposed ordinance as to who would give "due notice" to the property owner who was in violation of the ordinance. The Highway Department, the Code Enforcement Officer, or the Zoning Officer could give the notice. In the event that the Town had to remove snow from a sidewalk, the fee for doing so would be levied on the Town and County tax bill. Councilman Proud was concerned with the length of time it would take to resolve the situation if notice was given by registered mail. Unlike a grass complaint, in which two inches of grass could grow in a week or ten days, snow could accumulate at a much faster rate. Councilman Rocco was concerned with the time of day that snow must be removed by. Attorney Folmer stated there was no scientific evidence to justify any particular time of day. Cedar Crest Drive Property: Attorney Folmer apprised the Board he received a proposal from Attorney Bardsley to resolve the issue regarding Town property on Cedar Crest Drive. Attorney Bardsley proposed that his clients, the Eckers, purchase the property from the Town and grant the Town an easement for water and sewer purposes. According to Attorney Folmer's discussion with members of the Board, the Board was not willing to accept the proposal. Attorney Folmer requested authorization to notify Attorney Bardsley of the Board's position. Councilman Proud indicated that prior to becoming a Member of the Board, he spoke to the Planning Board regarding walking trails. He stated that walking would be an alternative mode to transportation in the future. As the Town develops, the Board should act now to prepare for the future. Since Councilman Proud has been a member of the Board, the Planning Board has been instructed to consider walking access between communities when considering subdivisions. If that had been done years ago, he suggested that the Town's Cedar Crest Drive property would not be such an issue. RESOLUTION #27 AUTHORIZE TOWN ATTORNEY TO CORRESPOND WITH ATTORNEY BARDSLEY REGARDING TOWN PROPERTY ON CEDAR CREST DRIVE Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Attorney to correspond with Attorney Bardsley regarding the conflict over the Town's Cedar Crest Drive property and the proposal from Mark and Joyel Ecker to purchase the property from the Town. 35 JANUARY 16, 2008 TOWN BOARD MEETING PAGE 24 Hedgemoor'Drive Road Extension: Attorney Folmer commented that the Town was waiting for the completion of the extension of Hedgemoor Drive from developer Scott Flatt, which had not taken place for a variety of reasons. The cost of completing the extension, should the Town have to do so in the future, would only increase. According to Highway Sup't. Bush, it would cost the Town $2,788.00 to complete the road extension at this time. Attorney Folmer contacted Mr. Flatt's attorney, who indicated that Mr. Flatt would be willing to pay the $2,788.00 to have the road completed by the Town. Attorney Folmer was in possession of the check to complete the work. He requested the Board accept the road dedication subject to the completion of the road. RESOLUTION #28 ACCEPT ROAD DEDICATION FOR THE EXTENSION OF HEDGEMOOR DRIVE Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the Town of Cortlandville Highway Sup't. has inspected the incomplete extension of Hedgemoor Drive and has determined that such is being constructed in accordance with Town standards, and WHEREAS, owner and developer Scott Flatt submitted a security of cash in the amount of $2,788.00 to insure the completion of said extension, therefore BE IT RESOLVED, the Town Board does hereby accept said extension of Hedgemoor Drive, contingent upon the deed being delivered in its final executed form, and subject to the completion of the road and approval by the Town Attorney and the Town Highway Superintendent. Local Law No. 1 of 2007 — Administration and Enforcement of the NYS Uniform Fire Prevention and Building Code: Attorney Folmer questioned whether Town Clerk Snyder received notification from the Secretary of State regarding the filing of Local Law No. 1 of 2007. Town Clerk Snyder apprised the Board she had not yet received notification. Attorney Folmer stated that until notification was received, the Town could not enforce the new ordinance. However, he and CEO Williams were preparing the procedure for enforcing the ordinance. There was discussion regarding correspondence from Town Assessor, David Briggs, regarding Senior Citizens Exemption Income Levels. According to Assessor Briggs, Cortland County increased the income requirements for Senior Citizens Exemption. The Town has traditionally had the same income limits as the County. Assessor Briggs recommended the Board modify the income levels for the Town accordingly. Town Clerk Snyder apprised the Board that if they wanted to modify the income levels a public hearing should be conducted. Councilman Rocco voiced his concern that the new income levels were too low, and suggested they increase the income levels above the County's limits. Attorney Folmer requested the Board table action on the issue to allow him time to research the issue. He was not sure whether the Town could adopt income levels above the County's threshold. W JANUARY 16, 2008 TOWN BOARD MEETING PAGE 25 RESOLTUION #29 TABLE ACTION ON THE MODIFICATION OF INCOME ELIGIBILITY LEVELS FOR SENIOR CITIZENS TAX EXEMPTION REQUIREMENTS FOR THE TOWN OF CORTLANDVILLE Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby table action on the modification of income eligibility levels for senior citizens tax exemption requirements for the Town of Cortlandville, and it is further RESOLVED, correspondence from Town Assessor, David Briggs dated December 13, 2008 is hereby received and filed. RESOLUTION #30 REFER AQUIFER PROTECTION PERMIT APPLICATION OF INTERTEK TESTING SERVICES NA, INC. TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Intertek Testing Services NA, Inc. for property located at 3933 US Route 11, tax map #87.00-03-17.100 & 20.000, shall be referred to the Town and County Planning Boards for their review and recommendations. RESOLUTION #31 AUTHORIZE 30-DAY EXTENSION OF THE SUPERVISOR'S ANNUAL REPORT OF 2007 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized to request an additional 30-day extension from Audit & Control for filing the 2007 Annual Financial Report. RESOLUTION #32 AUTHORIZE EXTENSION OF TIME FOR TAX COLLECTION TO JUNE 1, 2008 Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign and forward a request for an extension of the tax collection program until June 1, 2008 to the Cortland County Treasurer, in compliance with Section 938 of the Real Property Tax Law. There was discussion regarding the fee schedule for Local Law No. 1 of 2007 - Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code. Code Enforcement Officer, Tom Williams explained the fee schedule and how the monies would be collected. CEO Williams also discussed the process for the demolition of a building. 1 37 JANUARY 16, 2008 TOWN BOARD MEETING PAGE 26 1 1 1 RESOLUTION #33 ADOPT FEE SCHEDULE FOR LOCAL LAW NO. 1 OF 2007 — ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE Motion by Councilman Testa Seconded by Councilman Proud VOTES: ALL AYE ADOPTED RESOLUTION, the Town Board does hereby adopt the following Fee Schedule with regard to Local Law No. 1 of 2007, Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code: BUILDING DEMOLITION: a. Residential Structures b. Commercial Structures c. Special Situations FIRE SAFETY INSPECTIONS: a. Public Assembly b. Non-residential (commercial) c. Multiple Dwelling Units d..Re-inspection / any above OPERATING PERMITS: a. Manufacturing / Storage Hazardous Materials b. Hazardous Processes (dust generation, etc.) c. Pyrotechnic devices / assembly occupancies d. Public assembly with over 100 occupants e. Other hazardous structures / processes $ 0.05 per square foot $ 0.10 per square foot $ As set by the Code Enforcement Officer $ 25.00 per inspection $ 25.00 per inspection $ 4.00 per unit $ Same fees as above $200.00 initial application $ 50.00 renewal plus inspection fee $200.00 initial application $ 50.00 renewal plus inspection fee $250.00 each event plus inspection fee $100.00 initial application $ 25.00 renewal plus inspection fee $ Set by Board AND IT IS FURTHER RESOLVED, the above fees shall be added to the Town of Cortlandville Fee Schedule. RESOLUTION # 34 AUTHORIZE HIGHWAY SUP'T. TO PURCHASE TWO PICK-UP TRUCKS FROM THE STATE BID LIST Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct Highway Sup't. Carl Bush, to purchase two Pick -Up Trucks from the State Bid list in an amount not to exceed $35,000.00 each, and it is further RESOLVED, the two Pick -Up Trucks will replace two 1995 Chevy Pick -Up Trucks with mileage exceeding 90,000 on one and 100,000 miles on the other. M& JANUARY 16, 2008 TOWN BOARD MEETING PAGE 27 RESOLUTION #35 AUTHORIZE SUPERVISOR TO EXECUTE CONTRACT BETWEEN THE TOWN OF CORTLANDVILLE AND BRUCE WEBER AS AN INDEPENDENT CONTRACTOR Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOVLED, the Town Board does hereby authorize and direct the Supervisor to execute a contract between the Town of Cortlandville and Bruce Weber as an independent contractor, as consultant, to the Town Planning Board and Zoning Board of Appeals, at a rate of $40.00 per hour not to exceed 10 hours per week except for meeting attendance, plus mileage, with no benefits, effective July 9, 2007 thru December 31, 2008. RESOLUTION #36 AUTHORIZE SUPERVISOR TO EXECUTE AGREEMENT BETWEEN THE TOWN OF CORTLANDVILLE AND BRUCE WEBER AS A SUBSTITUTE CODE ENFORCEMENT OFFICER Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOVLED, the Town Board does hereby authorize and direct the Supervisor to execute an agreement between the Town of Cortlandville and Bruce Weber as a substitute Code Enforcement Officer when needed at a rate of $40.00 per hour plus mileage, and it is further RESOLVED, Bruce Weber, the substitute Code Enforcement Officer, when applicable will be considered a Town employee during that time. RESOLUTION #37 REFER AQUIFER PROTECTION PERMIT APPLICATION OF EMPIRE AGRIFUEL, LLC TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Empire Agrifuel, LLC for property located at 3893 US Route 11, tax map #87.00-04-10.000 & 87.00-04-03.000, shall be referred to the Town and County Planning Boards for their review and recommendations. No further comments or discussion were heard. Councilman Proud 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 6:45 p.m. The following information was received from the Supervisor's office. Councilman Testa 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. 39 JANUARY 16, 2008 TOWN BOARD MEETING PAGE 28 RESOLUTION #38 AWARD BID FOR STARR ROAD AND VERNON DRIVE SEWER IMPROVEMENT PROJECT — 2008 TO VACRI CONSTRUCTION CORPORATION IN THE AMOUNT OF $363.000.00 Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, bids were advertised for the Starr Road and Vernon Drive Sewer Improvement Project, and WHEREAS, sealed bids were opened on July 24, 2007 at 3:00 p.m. and provided to Town Engineer, Hayne Smith for review as follows: Vacri Construction Corporation $363,000.00 One Brick Avenue Binghamton, New York 13901 Highlander Construction, Inc. $427,182.00 5774 Kesler Road Memphis, New York 13112 G. DeVincentis & Son Const. Co. Inc. $725,000.00 7 Belden Streeet Binghamton, New York 13903 BE IT RESOLVED, the Town Board hereby awards the bid to Vacri Construction Corporation of One Brick Avenue, Binghamton, New York in the amount of $363,000.00 for the Starr Road and Vernon Drive Sewer Improvement Project = 2008. No further comments or discussion were heard. Councilman Rocco a motion, seconded by Councilman Proud, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 7:00 p.m. 4Respe submitted, Karen Q. Snyder, RMC Town Clerk Town of Cortlandville *Note: The final version of this meeting was submitted to the Town Board for their review on March 19, 2008. The final version of this meeting was approved as written at the Town Board meeting of April 2, 2008.