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HomeMy WebLinkAbout09-18-200231 0 s e. l AQUIFER PROTECTION PERMIT DAVID LAST SOUTH SIDE OF US ROUTE 11 AND NYS ROUTE 41 TAX MAP #87.00-04-04.000 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town Hall, 3577 Terrace Road, Cortland, New York, concerning an Aquifer Protection Permit permitting the construction of a 100 ft. x 150 ft. building for sales and service of recreational type vehicles on'the South side of US Route 11 and NYS Route 41, behind the present location of Empire Tractor, in the Town of Cortlandville, tax map #87.00-04- 04.000. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Snyder Others present were: Town Attorney, John Folmer; James Trasher of Clough, Harbour & Associates; Jill Giocondo of the Cortland Standard; Attorney Rick VanDonsel; Jeff Lewis; Edward Xanders; David Law; Nancy Jendryaszek and Kim Thompson for Country Inns & Suites; and Lydia Ferro. Supervisor Thorpe called the Public Hearing to order. The Town Clerk read aloud the Legal Notice, as published, posted and filed. Supervisor Thorpe offered privilege of the floor to those in attendance. David Law apprised the Board and those in attendance he believed all applications were in place. He stated his attendance at the Public Hearing was to answer any questions posed by the Board or general public. No further comments or discussions were heard. Councilman Testa made a motion, seconded by Councilman Rocco, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 5:05 p.m. J 7- SEPTEMBER 18, 2002 5.05 P.M. PUBLIC HP-ARING NO.2 AQUIFER PROTECTION PERMIT MARTIN ESTRUCH (COUNTRY INNS & SUITES) ROUTE 281 TAX -MAP #95.00-05-14.000 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town Hall, 3577 Terrace Road, Cortland, New York, concerning an Aquifer .Protection Permit permitting the construction of an 80 unit hotel on a 5.7 acre parcel located on the Westerly side of Route 281 across from SUNY Cortland property, in the Town of Cortlandville; tax map #95.00-05-14.000. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Snyder Others present were: Town Attorney, John Folmer; James Trasher of Clough, Harbour & Associates; Jill Giocondo of the Cortland Standard; Attorney Rick VanDonsel; Jeff Lewis; Edward Xanders; David Law; Nancy Jendryaszek and Kim Thompson for Country Inns & Suites;. and Lydia Ferro. Supervisor Thorpe called the Public Hearing to order. The Town Clerk read aloud the Legal Notice, as published, posted, and filed. Supervisor Thorpe offered privilege of the floor to those in attendance. Councilman Rocco stated he has not received a single phone call from any Town residents regarding the proposed Country Inns & Suites. He asked the rest of the Board if residents with concerns or complaints had contacted them. Councilman Testa and Councilman O'Donnell both replied no. Councilman O'Donnell questioned whether the property was in the Wellhead Protection District. Supervisor Thorpe replied yes. Supervisor Thorpe asked if there were further comments or discussion. Attorney Rick VanDonsel, representing N.C.W.P. LLC, Karl Ochs, asked that his presence be noted. No further comments or discussions were heard. Councilman Rocco made a motion, seconded by Councilman Testa, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 5:11 p.m. 1 n 1 • 33 SEPTEMBER 18, 2002 5:11 P.M. The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Town gull, 3577 Terrace Road, Cortland, New York, with Supervisor Thorpe presiding. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman John Pilato Councilman, Ronal Rocco Town Clerk, Karen Snyder Others present were: Town Attorney, John Folmer; James Trasher of Clough, Harbour & Associates; Jill Giocondo of the Cortland Standard; Attorney Rick VanDonsel; Jeff Lewis; Edward Xanders; David Law; Nancy Jendryaszek and Kim Thompson for Country Inns & Suites; and Lydia Ferro. Supervisor Thorpe called the meeting to order. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file the Planning Board Minutes of May 28, 2002. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file the Planning Board Minutes of June 25, 2002. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file the Zoning Board of Appeals Minutes of May 28, 2002. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file the Zoning Board of Appeals Minutes of June 25, 2002. All voting aye, the motion was carried. Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #395 - 452 $ 16,713.38 General Fund B B 119 - B 121 $ 446.62 Highway Fund DB D328 - D352 $ 18,185.22 Water Fund W202 - W212 $ 5,296.83 Sewer Fund S89 - S95 $ 1,425.49 Supervisor Thorpe offered privilege of the floor to Jeff Lewis. Jeff Lewis, from the Homer Recreation Department, apprised the Board of the program's participation for the year 2002. He stated the Board was gracious enough to put money into the Town's Budget for the Homer Recreation Department in 2001 for the year 2002. Mr. Lewis stated he approached the Board towards the end of last year and was informed more money may be available in 2002 for the year 2003, if he approached the Board earlier. 3�1 SEPTEMBER 18, 2002 TOWN BOARD MEETING PAGE 2 Mr. Lewis gave the Board a graph of the program participation for the years 2001 and 2002. The participation of Cortlandville children in the Homer Recreation Department more than doubled from 9% in 2001 to 18.1% in 2002. Mr. Lewis stated the proposed budget for the Homer Recreation Department for 2003 is $108,000. He asked the Board to consider 18% of the program budget, which would equal about $5000.00. Councilman Rocco asked Mr. Lewis what type of events the Homer Recreation Department holds. Mr. Lewis stated the Recreation Department involves athletics such as: Little League Baseball; Small Fry Football; independent programs, girls/boys basketball for both the winter and summer; softball; T-ball; girls/boys lacrosse. Other events include: a Halloween parade and costume contest; Christmas on the Village Green, a drama course in the summer; an arts and crafts van in the summer; ice skating/skating lessons on the Village • Green in the winter (a new rink was built last year); and a pee -wee wrestling program. Supervisor Thorpe stated he had no objection to the request, however he did have a question. Supervisor Thorpe asked Mr. Lewis if he knew how many Homer residents use Cortlandville facilities. Mr. Lewis stated he did not know the answer to the question. Supervisor Thorpe stated if Mr. Lewis asked the Town for money to subsidize for the children who use the Homer Recreation Department, it would seem logical for the Town to request money from Homer to subsidize for the children who use the Town's facilities. Mr. Lewis stated he was not aware of the activities the Town offered. Mr. Lewis stated when he began working for the Homer Recreation Department as Director he was working 11 hours per week. The program was built over a five-year period. The position of Director became full-time in March 2001. Every program run through the Homer Recreation Department has increased in regard to participation over the past five years. Mr. Lewis stated the lacrosse program is one of the largest programs that Cortlandville residents participate in, as well as a summer lacrosse camp. He stated basketball is another big program. Supervisor Thorpe stated he would turn the request over to the budget office. He questioned whether there was an objection by any member of the Board to put a request in the Town Budget for $5000.00 for the Homer Recreation Department. Councilman Rocco stated no. Supervisor Thorpe stated it would be interesting to look at the number of Homer residents who participate in the Town's activities. Mr. Lewis stated the last time he met with the Board he did not have a full year's worth of calculations for the programs as he did this year. Councilman Rocco asked Mr. Lewis if he approached other Town, Village, or City Boards with the same request and whether or not he was successful. Mr. Lewis stated the Town of Homer increased their contribution to the Homer Recreation Department from last year to $9,000. He stated he did not approach the Cortland City Council yet. Mr. Lewis apprised the Board he would be more than happy to circulate fliers regarding the programs offered by the Recreation Department so that Cortlandville residents can participate in the activities. He stated he provides Homer schools with fliers and could do the same for Cortlandville. He stated he would also be willing to provide a monthly report to the Town. Councilman Rocco stated a yearly report would suffice. Councilman Rocco asked Mr. Lewis if the Homer Recreation Department puts advertisements in the local paper, the Cortland Standard. Mr. Lewis stated the Homer Recreation Department advertises its programs on the radio, in the local paper, on the local cable station, and through the schools. Monthly reports for the Supervisor and the SPCA for August 2002 are on the table for review and filed in the Town Clerk's office. 1�%� r40y SEPMMBERY` , 2002 TOWN BOARD MEETING PAGE 3 35 RESOLUTION #183 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #8 OF 2002 DAVID LAW FOR PROPERTY LOCATED ON THE SOUTH SIDE OF US ROUTE 11 AND NYS ROUTE 41 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE APPROVED WHEREAS, an Aquifer Protection Permit application was submitted by David Law for property located on the South side of US Route 11 and NYS Route 41, permitting the construction of a 100 ft. x 150 ft. building for sales and service of recreational type vehicles, tax map #87.00-04-04.000, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short Environmental Assessment form, therefore BE IT RESOLVED, the Town Board, as Lead Agent, does hereby declare the proposed project of David Law Aquifer Protection Permit #8 2002, shall have no significant environmental impact. RESOLUTION #184 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #8 OF 2002 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE APPROVED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to the Aquifer Protection Permit #8 of 2002, submitted by David Law. RESOLUTION #185 APPROVE AQUIFER PROTECTION PERMIT #8 OF 2002 DAVID LAW FOR PROERTY LOCATED ON THE SOUTH SIDE OF US ROUTE 11 AND NYS ROUTE 41 SUBJECT TO CONDITIONS Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE APPROVED WHEREAS, the Cortland County Planning Department and the Town Planning Board have reviewed and recommended approval of this Aquifer Protection Permit application, and ® WHEREAS, a Public Hearing was duly held by the this Town Board, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection permit #8 of 2002, submitted by David Law for property located on the South side of US Route 11 and NYS Route 41, permitting the construction of a 100 ft. x 150 ft. building for sales and service of recreational type vehicles, tax map #87.00-04-04.000 subject to the following conditions: 1. The appropriate NYS Department of Transportation (DOT) permits, if any are required for the proposed increased use of the access point to U.S. Route 11/NYS Route 41, are obtained. 2. A stormwater pollution prevention plan being prepared for the site by the applicant and approved by the Town. 36 SEPTEMBER 18, 2002 TOWN BOARD MEETING PAGE 4 3. Assurance that the ground floor of the proposed building would be built at or above the base flood elevation as indicated on the Federal Emergency Management Agency's Flood Insurance Rate Map. 4. The storage area for any drums of used oil require coated concrete floors and dikes to retain accidental spills or leaks. 5. Well and septic permits being obtained from the County Health Department. 6. A negative declaration of environmental impact under SEQR, and it is further. RESOLVED, the Supervisor is hereby authorized to sign the permit. is Attorney Folmer reported: Aquifer Protection Permit submitted by Martin Estruch: There was a brief discussion regarding the Aquifer Protection Permit submitted by Martin Estruch for Country Inns & Suites. Attorney Folmer stated Martin Estruch submitted a Short Environmental Impact Statement to the Town Planning Board. After discussion it appeared the Chairman of the Planning Board was going to suggest a positive declaration with regard to the application, primarily because of water quality concerns. James Trasher of Clough, Harbour & Associates was present at the Planning Board Meeting and suggested that in the event a positive declaration was issued, a Long Environmental Assessment Form (EAF) should be submitted, which was done. In reviewing the EAF, Attorney Folmer stated one of the questions asked was whether or not the project was located near a critical environmental area. The applicant indicated the property was not located in such an area. In the County Planning Board's review of the application it was reported that: "The proposed 5.7 +/- acre parcel is bounded to the west by Otter Creek. A portion of the property is within the one hundred year flood plain as well as the flood -way. The flood -way appears to extend 50 to 75 ft. from Otter Creek. The parking lot at its closest point would be 51.2 ft. from the edge of Otter Creek, therefore a portion of the parking lot may be in the flood -way. The flood -way boundaries should be indicated on the site plan with the possible removal of the parking area from the flood -way if deemed to have a potential adverse impact on the flood -way. A portion of the property has been raised with fill, which may impact the flood plain. Flood storage areas may have to be increased to account for the loss of flood plain areas due to the change in elevation on the property." Attorney Folmer continued reading from the County Planning Board report. The report stated the applicant completed Part I of the Environmental Assessment Form under SEQR and stated the site is not located "in or substantially contiguous to a critical environmental area". Upon discussion with the Department of Environmental Conservation (DEC), it was determined the site is substantially contiguous to a critical environmental area, being the City of Cortland Water Works. Therefore, the answer to question A-19 of the Full Environmental Assessment Form is "yes". On July 26, 2002, the County Planning Board recommended the Town complete Part II and Part III of the Full Environmental Assessment Form to determine if there is any significant adverse environmental impact. Attorney Folmer questioned if there was any discussion regarding the concern made by the County Planning Board. Nancy Jendryaszek, Project Manager of Country Inns & Suites, stated the Planning Board gave her a definition of "substantially contiguous" and they agreed to make several changes. She stated a Long Environmental Assessment Form was filed rather than the short f orm and she did not know what was on the short form regarding the positive declaration. 37 SEPTEMBER 18, 2002 TOWN BOARD MEETING PAGE 5 Ms. Jendryaszek stated the parking lot was adjusted and it is no longer in the flood - way. She stated they intend to meet all the conditions recommended by the County. There is a detention pond. Even though the capacity met the design criteria, there have been discussions with the engineer that the extra space in the rear of the building will go toward the detention pond. Attorney Folmer stated there might be an adverse impact, which can be mitigated by compliance with the conditions set forth by the County Planning Board. He stated he wanted the inf ormation because it did not appear from the materials the Board had. Attorney Folmer and the Board completed part of the Full Environmental Assessment Form. The Board was not able to answer a few questions including Question 9, which asks "Will Proposed Action substantially affect non -threatened or non - endangered species?" and Question 12, which asks "Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance?" Because the Board did not have any information regarding the archeological or historical aspects of the application, Attorney Folmer was reluctant to have the Board make a declaration with regard to the Full Environmental Assessment. Attorney Folmer recommended the Board table the Aquifer Protection Permit until the October 2, 2002 meeting with the understanding the only issues the Board must deal with are the questions that could not be answered. RESOULTION #186 TABLE AQUIFER PROTECTION PERMIT APPLICATION OF MARTIN ESTRUCH FOR THE PROPOSED COUNTRY INNS & SUITES Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby table the Aquifer Protection Permit of Martin Estruch for property located at 3707 Route 281 owned by N.C.W.P. LLC, tax map #95.00-05-14.000 until October 2, 2002. SEQRA — New Lime Hollow Well: - There was a brief discussion regarding the SEQRA Review of the new Lime Hollow Well, which was postponed from the September 4, 2002 meeting. Attorney Folmer stated the Board must give notification to the potentially involved agencies of the Town's intent to serve as lead agency. He stated he would issue notice within the next few days. The involved agencies will have thirty days to respond as to whether or not they wish to become lead agency or wish the Town to continue and assume the responsibility of being the lead agency. Councilman O'Donnell questioned what prompted the need for the new Lime Hollow Well. Attorney Folmer stated he is not aware of how/where Town projects generate from, but only receives information regarding the proposed projects. Supervisor Thorpe apprised Councilman O'Donnell the necessity of a new well was decided a while ago to plan for a larger draw down of water in the future. He stated Town Engineer, Hayne Smith, was directed to investigate the possibility for a new well. Councilman Testa stated the Lime Hollow site was determined to be the best place for new well. Councilman Rocco stated the Board was concerned about the current well becoming polluted and came up with a plan as to what the Town could do. Supervisor Thorpe stated the Board would wait on the issue. 38 SEPTEMBER 18, 2002 TOWN BOARD MEETING Town Clerk Snyder apprised the Board of the items to receive and file. PAGE 6 Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Earle C. and Betty J. Wild, of the Golden Lunch Restaurant, to renew their wine and beer license according to the Alcohol Beverage Law, Section 64. All voting aye, the motion was carried. Town Clerk Snyder apprised the Board of the correspondence received from Martin A. Shapiro, Esq., regarding an assessment certiorari for Dominion Transmission Inc. Attorney Folmer stated Dominion Transmission, Inc. was a natural gas company. Town Clerk Snyder stated the Town of Cortlandville is listed as a respondent in the case, as well as other Towns in the State of New York. Attorney Folmer stated the State of New York will eventually resolve the matter. Councilman Testa made a motion, seconded by Councilman Pilato, to receive and file correspondence from Martin A. Shapiro, Esq., regarding an assessment certiorari for Dominion Transmission, Inc. All voting aye, the motion was carried. Town Clerk Snyder updated the Board on the status of the New York State DECALS system. She stated the first ten days of conservation license sales was not very good throughout the State of New York. She stated since Thursday, September 5d', 2002, the Town Clerk's office was one of the only issuing agents in the County that knows what they're doing. She stated there are still problems with the system as well as problems receiving materials from the State. Town Clerk Snyder stated the DECALS program has been running efficiently in her office. Councilman Rocco stated the Town Clerk's office went through a tough time with the DECALS system. Supervisor Thorpe stated New York State apologized for the problems created by DECALS. Town Clerk Snyder stated one of the worst problems was the lack of communication between the state and issuing agents, such as not being able to reach anyone by phone or voicemail. Town Clerk Snyder apprised the Board the state plans on "sweeping" the Town's account on the fourteenth of each month. The state has not yet taken money out of any issuing agent's account, as there have been problems with this issue as well. The Town will be notified before moneys are taken. Town Clerk Snyder stated DECALS should be a wonderful system. However, if the system should crash conservation licenses cannot be issued by hand. Attorney Folmer apprised the Board he, Councilman Rocco, Councilman O'Donnell and Town Bookkeeper, Marcia Hicks, will meet Wednesday September 25d', 2002, regarding Town Health Insurance. Attorney Folmer stated he would notify Highway Sup't. Carl Bush as well. Councilman Testa stated Sup't. Bush would be out of town the following week at a training session. Attorney Folmer stated rather than delay the meeting he would speak with Sup't. Bush once lie returned, before taking any action. Attorney Folmer apprised the Board, prior to the October 2nd, 2002 Board Meeting he would meet with individuals from town industries regarding the Wellhead Protection Plan. Councilman O'Donnell stated he was concerned about the increase in the application fee for a fair permit. Town Clerk Snyder apprised Councilman O'Donnell the fee for a fair permit remains the same. She stated the fee increases for a fair permit and a transient permit were not subject to the Town Board Resolution which adopted the new fee schedule. In order to increase the fees for such permits the Board must adopt a resolution and enact a Local Law. 1 0 1 SEPTEMBER 18, 2002 TOWN BOARD MEETING PAGE 7 39 Town Clerk Snyder stated the Town purposed a fee of $50.00 per day as well as a Certificate of Insurance of one million dollars. She stated the fee remains $5.00 per day, which was enacted in 1955. Councilman O'Donnell stated the Cortland County Junior Fair, a not -for profit organization, would be pleased to learn the fees have remained the same. He stated the organization has had problems raising money and was worried about the alleged increased fee. Councilman Testa questioned Supervisor Thorpe as to when the Board would start working on the Budget. Supervisor Thorpe stated the Board would begin work immediately and would inform the Board shortly of the exact dates and times. Supervisor Thorpe asked the Board for permission to write a letter to the County Highway Department regarding the proposed four-way stop on Saunders Road and Page Green Road. RESOLUTION #187 AUTHORIZE SUPERVISOR TO WRITE A LETTER TO THE CORTLAND COUNTY HIGHWAY SUP'T REQUESTING THE INSTALLATION OF A FOUR-WAY STOP AT THE INTERSECTION OF PAGE GREEN ROAD AND SAUNDERS ROAD Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to write a letter to the Cortland County Highway Sup't. requesting the installation of a four- way stop at the intersection of Page Green Road and Saunders Road. Attorney Folmer reminded the Board of the September 4, 2002 Board meeting and Bonnie Sherman's presentation about Megan's Law. He stated Ms. Sherman was under the impression that the Town Board could do something to compel better notification than is presently being done in the County. However, the Board does not have the authority to do so. Attorney Folmer stated he spoke with the County Attorney. Although Attorney Folmer is not aware of the details, there is a proposal pending in the County Attorney's office that is being reviewed and considered. Attorney Rick VanDonsel apprised the Board after the September e, 2002 Board meeting he invited Bonnie Sherman and her sister Ms. Murray to attend the Public Safety Commissioners presentation. He stated there is now a proposal for notification for level two and three sex offenders. Attorney Folmer questioned Mr. VanDonsel if it would be beneficial for the Board to write a letter urging as much notification as possible. Mr. VanDonsel stated a letter is not necessary as action has already been taken. Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:55 p.m. Resp ctfully submitted, Karen Q. Snyder Town Clerk Town of Cortlandville