HomeMy WebLinkAbout10-16-2002OCTOBER 16, 2002
PUBLIC HEARING NO. 1
AQUIFER PROTECTION PERMIT
DONALD RICHARDS & DANIEL ABRAHAMSON
LUKER ROAD
TAX MAP #95.00-05-10.110
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Town Hall, 3577 Terrace Road, Cortland, New Fork, concerning an Aquifer Protection
Permit permitting the construction of eight separate buildings for self storage purposes on
an approximate 5 acre site located on the southeast side of Luker Road, in the Town of
Cortlandville, tax map #95.00-05-10.110.
Members present:
Absent:
Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Town Clerk, Karen Snyder
Councilman, John Pilato
Others present were: Town Attorney, John Folmer; James Trasher of Clough,
Harbour & Associates; Water & Sewer Sup't. Peter Alteri; Deputy Highway Sup't., Fred
Walker; Planning Board Member, Nick Renzi; Chris Nolan.of the Cortland Standard; Tim
Buhl of Resource Associates; Donald Richards and Daniel Abrahamson.
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.
Tim Buhl of Resource Associates apprised the Board the plans submitted for the
proposed construction of self -storage buildings were straight -forward in terms of the
layout. He stated he had the SP3 plan in his possession.
Supervisor Thorpe questioned whether there were any alterations to the drainage
pattern.
Mr. Buhl stated no. As previously discussed with the Town and County Planning
Boards, the roof run-off will be collected and disposed of in dry wells. He stated the run-
off from the parking would be collected by a retention basin.
Councilman O'Donnell questioned where the structure would be in relation to the
proposed Country Inns & Suites located on Route 281.
Mr. Buhl stated the buildings would be across Otter Creek, to the southwest. He
stated the location is adjacent to Builder's Best, about 200 feet south. Access to the site is
from Luker Road.
Councilman Rocco questioned how many buildings were proposed.
Tim Buhl stated there are eight building: six buildings 30 ft. x 300 ft., one building
30 ft. x 400 ft., and one building 60 ft. x 200 ft.
Councilman Rocco questioned the lighting and safety of the location.
Donald Richards, applicant, stated he spoke with the Cortland County Sheriff, 911,
and the Cortlandville Fire Department regarding safety issues. He stated there would be
outdoor security lights, but no interior lights. As far as safety, he stated there would be a
"knock box" for twenty-four hour video surveillance.
Councilman Testa questioned whether the construction of the buildings would cause
an increase of run-off or flooding of the creek.
Mr. Buhl stated there would be no increase in run off. Anything that discharges
from that time will be at such a diffuse rate that it will have no impact.
Planning Board Member, Nick Renzi, stated he asked Mr. Buhl to give a schematic
estimate of water flow that would go from the blacktop to the retention basin, and flowing
behind the proposed hotel area. He questioned what would happen to oil or antifreeze that
may leak from cars.
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OCTOBER 02, 2002 PUBLIC HEARING PAGE 2
Mr. Richards stated he and Mr. Abrahamson have 200 storage units on the north
side of Route 13. In the past five years two cars were stored there. He apprised the Board
most of the items stored are household goods such as furniture or items kept in plastic
storage bins.
In terms of accidental spills, Mr. Buhl apprised the Board the site would have
basically no traffic. He stated there are no drains inside the buildings, meaning anything
spilled inside would remain inside. The lease agreement states what is prohibited from
being kept in the self -storage. No paint, gas or oils or flammable material can be stored in
the self -storage.
Mr. Renzi questioned whether annual or periodic checks would be conducted.
Mr. Richards stated when people move items into a storage unit someone is
normally present. In the last five years he stated he has not cleaned up any gas or oil spills
in any of the existing units.
Mr. Richards stated the customer turnover rate is typically from one month to six
months. He stated some customers rent for longer periods of time, such as one customer
who has rented since 1995 using the storage unit as a garage.
Councilman Rocco questioned who Mr. Richards and Mr. Abrahamson intended to
rent the storage units to and how long they intended to keep the business.
Mr. Richards stated they rent storage units to people who need storage such as
people who move, build homes, or people who live in apartments. He stated the self -
storage industry, which has been present since 1902, continues to grow.
Councilman Rocco questioned if the business was a chain.
Mr. Richards stated it was not a chain as they had personal interests in the business.
Councilman O'Donnell questioned whether the Planning Board's requirements were
met regarding things such as trees and shrubbery.
Mr. Buhl stated yes.
Mr. Richards stated they very rarely store vehicles in the storage units. He stated
they have an open storage building in Homer meant for cars, boats and Rib's. He stated
their object is not to make the proposed storage buildings a car storage area.
No further comments or discussions were heard.
Councilman Rocco 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 5:15 p.m.
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OCTOBER 16, 2002
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TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held at
the Town Hall, 3577 Terrace Road, Cortland, New York, with Supervisor Thorpe
presiding.
Members present:
Absent:
Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Town Clerk, Karen Snyder
Councilman, John Pilato
Others present were: Town Attorney, John Folmer; James Trasher of Clough,
Harbour & Associates; Water & Sewer Sup't. Peter Alteri; Deputy Highway Sup't., Fred
Walker; Planning Board Member, Nick Renzi; Chris Nolan of the Cortland Standard; Tim
Buhl of Resource Associates; Donald Richards and Daniel Abrahamson.
Supervisor Thorpe called the meeting to order.
Councilman Rocco made a motion, seconded by Councilman Testa, to approve the
Town Board Minutes of August. 7, 2002, as written. All voting aye, the motion was
carried.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to
approve the Town Board Minutes of August 21, 2002, as written. 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 #468 -
494
$
5,251.95
General Fund B
B 128 -
B 130
$
19,055.32
Highway Fund DB
D370 -
D388
$186,362.08
Water Fund
W222 -
W235
$
6,102.34
Sewer Fund
S100 -
S104
$
1,434.70
Supervisor Thorpe offered privilege of the floor to Nick Renzi.
Mr. Renzi stated it was his understanding that when the Route 281 expansion takes
place there will be a retention pond just before the cluster of trees next to the Cortland City
Water Works. He questioned why Bestway Lumber was dumping slabs of concrete in
that area since they will have to be removed at the expense of the state later on. He stated it
was not logical and questioned whether any action could be taken to prevent properly
owner Karl Ochs from doing such a thing.
Attorney Folmer questioned who would be responsible for the removal of the
concrete slabs from the area during the Route 281 reconstruction?
Mr. Renzi apprised Attorney Folmer the state would be responsible.
OCTOBER 16, 2002 TOWN BOARD MEETING PAGE 2
Attorney Folmer suggested the possibility of Mr. Ochs knowing the state would
remove the concrete rather than having to do it himself.
Councilman Rocco suggested bringing the issue to CEO Bruce Weber's attention.
Attorney Folmer stated the concrete is noticeable to any person who drives by the
site.
Supervisor Thorpe stated the question is whether or not there is a violation.
Councilman O'Donnell stated it was his understanding Karl Ochs was working with
the state regarding the location of the retention pond.
Supervisor Thorpe apprised Mr. Renzi his question could not be answered.
The monthly report for the SPCA for September 2002 is on the table for review and
filed in the Town Clerk's office.
Attorney Folmer and the Board reviewed the SEQRA application for Donald
Richards and Daniel Abrahamson.
Attorney Folmer questioned what the revisions of the plan were and whether the
Board had them on file.
Mr. Buhl stated the revision, which was submitted to the Planning Board, include a
change that the seasonal high water table was less than ten feet..
Town Clerk Snyder apprised the Board they did not have the revision on file.
Attorney Folmer questioned whether the fish and wildlife authorities were contacted
regarding the question of plant or animal life being threatened or endangered.
James Trasher of Clough, Harbour & Associates stated he contacted fish and
wildlife and should be hearing back from them soon.
Attorney Folmer asked if the answer to the question of whether the site is
substantially contiguous to a critical environmental area should be yes because of the
Cortland City Water Works.
Mr. Buhl stated the property itself is not contiguous to the Water Works.
Mr. Renzi stated the property is contiguous to the proposed Country Inns & Suites,
which is contiguous to the Water Works.
Attorney Folmer questioned whether the site was in the 100-year flood plain.
Mr. Buhl stated it was not in the flood plain.
Another change Mr. Buhl noted was the land is in an agricultural district yet is
zoned business.
Attorney Folmer and the Board reviewed Part II of the Full Environmental
Assessment Form completed by Clough, Harbour & Associates.
RESOLUTION #193 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION PERMIT #9 OF 2002 SUBMITTED BY
DONALD RICHARDS AND DANIEL ABRAHAMSON FOR
PROPERTY LOCATED ON L UKER ROAD
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by Donald Richards
and Daniel Abrahamson, for property located on the southeast side of Luker Road owned
by N.C.W.P. LLC, permitting the construction of eight separate buildings for self storage
purposes, tax map #95.00-05-10.110, and
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Full
Environmental Assessment Form, therefore
BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed
project of Donald Richards and Daniel Abrahamson, Aquifer Protection Permit #9 of 2002,
shall have no significant environmental impact.
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OCTOBER 16, 2002
TOWN BOARD MEETING
PAGE 3
RESOLUTION #194
AUTHORIZE SUPERVISOR TO SIGN SEQRA
APPLICATION OF AQUIFER PROTECTION PERMIT #9
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA
application relating to Aquifer Protection Permit #9 of 2002, submitted by Donald Richards
and Daniel Abrahamson.
RESOLUTION #195 APPROVE AQUIFER PROTECTION PERMIT #9 OF 2002
SUBMITTED BY DONALD RICHARDS AND DANIEL
ABRAHAMSON FOR PROPERTY LOCATED ON LUKER
ROAD SUBJECT TO CONDITIONS
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, the Cortland County Planning Department and the Town Planning Board
have reviewed and recommended approval of this Aquifer Protection Permit application
subject to the Town Planning Board's approval of the Storm Water Prevention Plan, and
WHEREAS, a Public Hearing was duly held by this Town Board, therefore
BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #9
of 2002, submitted by Donald Richards and Daniel Abrahamson, for property located on
the southwest side of Luker Road owned by N.C.W.P. LLC, permitting the construction of
eight separate buildings for self -storage purposes, tax map #95.00-05-10.110, subject to the
Town Planning Board's approval of the Storm Water Prevention Plan.
RESOLVED, the Supervisor is hereby authorized to sign the permit.
RESOLUTION #196 SCHEDULE PUBLIC HEARING REGARDING THE 2003
PRELIMINARY BUDGET
Motion by Councilman O'Donnell
Motion by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing is hereby scheduled to be held on November 6,
2002 at 7:00 p.m. regarding the 2003 Preliminary Budget, and further
RESOLVED, that 20 copies shall be made available for distribution to the public on
October 31, 2002.
RESOLUTION #197 SCHEDULE DATE TO ADOPT 2003 PRELIMINARY
BUDGET AS THE 2003 ADOPTED BUDGET
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board shall adopt the 2003 Preliminary Budget as the 2003
Adopted Budget on November 20, 2002 at 5:00 p.m.
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OCTOBER 16, 2002
TOWN BOARD MEETING
PAGE 4
Attorney Folmer Reported:
Wellhead Protection Plan:
Attorney Folmer apprised the Board he had a meeting scheduled with Les Sandman
from Pall Trinity Micro Corp. and Michael Chernago representing Bestway Enterprises for
October 17, 2002 at 8:30 a.m. In the meantime he stated he had seven pages of suggested
revisions from Clough, Harbour & Associates.
Councilman Testa questioned how close Attorney Folmer was to the completion of
the Wellhead Protection Plan.
Attorney Folmer stated after the meeting with Mr. Sandman and Mr. Chernago he
would meet with representatives from Borg Warner and J.M. Murray Center and finally i
with James Trasher of Clough, Harbour and Associates. He stated he would then be in the
position of completing the revision to the Wellhead Protection Plan ordinance.
Section of the Land Use/Aquifer Protection Plan:
Attorney Folmer stated he was given a copy of the design and development
guideline of the Route 281 Corridor Study with the request that it be incorporated into the
Town Code. He stated a lot of the material is not quantifiable, but rather deals with
subjective examination of plans.
Attorney Folmer stated he proposed to put the design and development guideline in
shape for it to be adopted as a Local Law. The Planning Board would be required to
follow guidelines in their review and approval of a project in regards to new non-
residential, non-agricultural development and redevelopment projects along Route 281
corridor.
Mr. Renzi stated the Planning Board would like to have the Local Law adopted by
the first of the year.
Attorney Folmer stated he planned on completing the Local Law by the first of the
year.
Cortland Free Library Contract:
Attorney Folmer stated the Board requested a slight change in the language of the
Cortland Free Library Contract.. He stated he spoke with a representative of the Library
Board who did not like the proposal the Town Board made in regards to the wording that
was suggested. He stated he would be working with the Library Board to resolve the
issues. He also stated there was resistance from the Library Board to change any of the
language in the contract.
Deed for Raphael Drive:
Attorney Folmer stated there was a section of Raphael Drive that had been
dedicated but the deed had not yet been recorded. He stated Supervisor Thorpe had
already signed the deed.
RESOLUTION #198 AUTHORIZE TOWN ATTORNEY TO RECORD A DEED
FOR A SECTION OF RAPHAEL DRIVE
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Board does hereby authorize and direct the Town Attorney to
record a deed for a section of Raphael Drive
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OCTOBER 16, 2002
PAGE 5
Deed to Bernard Glazier for Property on Hobart Hill:
Attorney Folmer stated he would meet with Bernard Glazier October 17, 2002 to
reach an agreement regarding the land description he prepared and finalize the deed. He
stated the deed would be given to Mr. Glazier to record and a check in the amount of
$300.00 would be forwarded to Town Clerk Snyder.
There was a brief discussion regarding correspondence from Joanne Williams,
Village of Homer Clerk.
Supervisor Thorpe stated the letter was in regards to the continuation of charges to
® the Town for sewage collection, transmission and treatment. He stated he would discuss
the continuation of the charges with Town Engineer, Hayne Smith.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive
and file the correspondence from Joanne Williams, Village of Homer Clerk, regarding the
Sewer flow metering at Maryland Avenue. All voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and
file the News Release from Congressman James Walsh regarding funding for the Cortland
County Business Park on Route 13 by Monarch Machine. All voting aye, the motion was
carried.
Councilman Testa made a motion, seconded by Councilman Rocco, to recess the
Regular Meeting to an Executive Session. All voting aye, the motion was carried.
The meeting was recessed at 5:40 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.
No action 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 5:45 p.m.
® Res ectfully submitted,
r /J
wren Q. Sny `der
Town Clerk
Town of Cortlandville