HomeMy WebLinkAbout03-07-2001MARCH 07, 2001
PUBLIC HEARING
7:00 P.M.
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AQUIFER PROTECTION PERMIT
APPLEBEE'S RESTAURANT
TAX MAP #95.20-02-05.000
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 Applebee's Restaurant facility to
be located at Cortlandville Crossing Shopping Center, Route 13, in the Town of
Cortlandville.
Members present:
Absent:
Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Town Clerk, Karen Q. Snyder
Councilman, John Pilato
Others present were: Town Attorney, John Folmer; Highway Sup't., Carl
Bush; Water & Sewer Sup't. Peter Alteri; Resource Associates representative,
Chuck Feiszli: Applebee's Restaurant representative, Steve Bell; town resident,
Carol Folmer; and News Reporter, Chris Nolan.
Supervisor Thorpe called the Public Hearing to order. He stated Councilman
Pilato would be unable to attend due to a prior commitment.
Supervisor Thorpe offered privilege of the floor to Chuck Feiszli of
Resource Associates.
Mr. Feiszli explained to the Board that he had brought revised plans of the
proposed Applebee's Restaurant based on comments by the Cortland County
Planning Board. The County Planning Board had requested the elimination of a
one-way entry to the restaurant off the main access into the Cortlandville Crossing
Plaza. The revised plans eliminated that entry. Mr. Feiszli stated that the two entries
to the restaurant would be one from the back of the restaurant off the main drive
from the shopping center and another entry to the south.
Councilman Rocco inquired if a fence would be around the site as this is an
open area.
Mr. Feiszli stated there would be curbs around the site as well as plantings
and shrubs. This will prevent motorists from cutting across the parking lot and
entering anyway they like.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to
close the Public Hearing. All voting aye, the motion was carried.
The Public Hearing was closed at 7:05 p.m.
16 MARCH 07, 2001
7:05 P.M.
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 Q. Snyder
Councilman, John Pilato
Others present were: Town Attorney, John Folmer; Highway Sup't., Carl
Bush; Water & Sewer Sup't. Peter Alteri; Resource Associates representative,
Chuck Feiszli; Applebee's Restaurant representative, Steve Bell; town resident,
Carol Fohmer; and News Reporter, Chris Nolan.
Supervisor Thorpe called the meeting to order following a Public Hearing
for an Aquifer Protection Permit.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to
approve the Town Board Minutes of November 1 & November 15, 2000 as written.
All voting aye, the motion was carried.
Councilman Rocco made a motion seconded by Councilman O'Donnell, to
receive and file Town Planning Board Minutes of October 31, 2000. All voting aye,
the motion was carried.
Councilman Rocco made a motion seconded by Councilman O'Donnell, to
receive and file Town Planning Board Minutes of January 30, 2001. All voting aye,
the motion was carried.
Councilman O'Donnell made a motion seconded by Councilman Rocco, to
receive and file Town Zoning Board of Appeals Minutes of January 30, 2001. All
voting aye, the motion was carried.
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as
follows:
General Fund A
Vouchers #111 -136
$12,674.46
General Fund B
18 -
20
$ 6,281.16
Highway Fund DB
69 -
92
$16,708.28
Water Fund
52 -
63
$ 6,543.28
Sewer Fund
33 -
39
$ 6,712.64
Capital Projects
08 -
10
$18,936.40
Supervisor Thorpe offered privilege of the floor to Bernie Thoma.
Mr. Thoma was not in attendance.
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MARCH 7, 2001 TOWN BOAFD MEETING PAGE 2 /
Court.
Supervisor Thorpe offered privilege of the floor to Paul Allen of Crestwood
Mr. Allen was unable to attend.
Councilman Testa requested clarification on the Board's decision regarding
the widening of Crestwood Court.
Supervisor Thorpe apprised those in attendance the Board recommends to
Highway Sup't. Carl Bush, that Crestwood Court be reconstructed to 24 ft. in
width.
Councilman O'Donnell expressed it should be stated the Highway Sup't. still
believes this street should be the standard 28 ft. wide as this situation might appear
again.
The Board's consensus is all future decisions are that of the Highway
Superintendent.
Attorney Folmer stated the Board needs to state that they have been
contacted by the residents of Crestwood Court to reconstruct their street at 20 ft.
The Board understands it is the Highway Sup't.'s purview to reconstruct the street
at State Highway Law and town specification. However in this instance given the
history of the street and concerns expressed by the residents, the Board
recommends that the Highway Sup't. consider reconstructing Crestwood Court at a
width of 24 ft.
RESOLUTION #62 DIRECT HIGHWAY SUPERINTENDENT TO
RECONSTRUCT CRESTWOOD COURT AT A
WIDTH OF 24 FEET
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, Highway Sup't. has proposed to reconstruct Crestwood Court at a
width of 28 feet as required by State Highway Law and town specifications, and
WHEREAS, the residents within the area request Crestwood Court be
reconstructed at a width of 20 feet due to the loss of front yards and trees, and
WHEREAS, the Town Board duly reviewed and discussed the request of the
Crestwood Court residents and concerns of the Highway Sup't., therefore
BE IT RESOLVED, the Highway Superintendent. is hereby directed to reconstruct
Crestwood Court at a width of 24 feet.
Monthly reports for the Tax Collector and the Town Clerk for February
2001, are on the table for review and filed in the Town Clerk's office.
RESOLUTION #63 DECLARE NEGATIVE IMPACT FOR
AQUIFER PROTECTION PERMIT #4 OF 2001
SUBMITTED BY TLC WEST, LLC. FOR AN
APPLEBEE'S RESTAURANT FOR PROPERTY
LOCATED AT THE CORTLANDVILLE
CROSSING SHOPPING CENTER
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by TLC West,
LLC., property located the Cortlandville Crossing Shopping Center permitting the
construction of an Applebee's Restaurant facility to be located at Cortlandville
Crossing Shopping Center, Route 13, tax map #95.20-02-05.000 and
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the
Short Environmental Assessment Form, therefore
MARCH 7, 2001 TOWN BOARD MEETING PAGE 3
BE IT RESOLVED, the Town Board, as Lead Agent, does hereby declare the
proposed project for an Applebee's Restaurant submitted by TLC West, LLC.,
Aquifer Protection Permit #4 of 2001, shall have no significant environmental
impact.
RESOLUTION #64 AUTHORIZE SUPERVISOR TO SIGN SEQRA
APPLICATION OF AQUIFER PROTECTION
PERMIT #4 OF 2001
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the
SEQRA application relating to Aquifer Protection Permit #4 of 2001, submitted by
TLC West, LLC.
RESOLUTION #65 APPROVE AQUIFER PROTECTION PERMIT
#4 OF 2001 FOR AN APPLEBEE'S RESTAURANT
SUBMITTED BY TLC WEST C
Motion by Councilman O'Donnell
Seconded by Councilman Testa
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, 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 #4 of 2001, submitted by TLC West, LLC., for property located at
Cortlandville Crossing Shopping Center on Route 13, permitting the construction of
an Applebee's Restaurant, tax map #95.20-02-05.000, subject to the following
conditions:
1) The applicant installing on -site erosion and sediment control measures
during construction.
2) Drywells on the site are constructed wider than their depth and re used
only for roof runoffs.
3) Plans for the restaurant being submitted to and approved by the County
Health Department including plans for external grease traps for
connection to the public sewer system.
4) The Town weighing the benefit of additional signage and square footage
of signs to the applicant vs. the health, safety, and welfare of the
community/neighborhood as is required before a bulk variance may be
granted.
5) The applicant demonstrating that there are unnecessary hardships in the
way of carrying out the strict letter of the "Town of Cortlandville Zoning
Law" as is required before a use variance to permit illumination of the
building mounted signs can be granted.
6) Removal of the entrance on the north side of the property.
7) A negative declaration on environmental impact under SEQRA.
RESOLVED, the Supervisor is hereby authorized and directed to sign the permit.
RESOLUTION #66 ACKNOWLEDGE NOTIFICATION FROM THE
STATE FOR FILING OF LOCAL LAWS NO. 1
AND NO.2 OF 2001
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
MARCH 7, 2001 TOWN BOARD MEETING PAGE 4 .73
BE IT RESOLVED, NYS Dept. of State acknowledged receipt of the following
Local Laws to be effective on February 16, 2001:
Local Law No. 1 of 2001, Zone Change - Daniel McNeil for property
located north of Crestwood Court.
Local Law No. 2 of 2001, Zone Change - Rerob, LLC. for property
located at the southwest corner of Route and13 Lune Hollow Road.
Attorney Folmer reported:
Municipal Water/Sewer Building:
Attorney Folmer stated closing on the Bond for the new Municipal
Water/Sewer Building is March S, 2001. Funds will be available when needed.
Suit -Kole litigation:
Attorney Folmer stated the motion implementing the Appellate Division's
decision regarding Suit-Kote will be adjourned until May 2001 at the request of the
Suit-Kote's attorneys. Panzanella's attorney McQuerry, indicated to Suit-Kote's
attorney's, Kevin Bernstein and Eric Dadd, that he does not object to that
adjournment as no construction is presently being undertaken. Attorneys Bernstein,
Dadd, and Folmer will meet later this month concerning Suit-Kote's position with
regard to this project. This motion will be heard again in front of Judge Dowd.
Attorney Folmer expressed his concerns with this motion coming again
before Judge Dowd. Considering the revocation of all permits issued, Attorney
Folmer feels that the Appellate Division has revoked the permits as a matter of law
based upon the denial. A formal motion can be made if necessary. The second
concern is an injunction preventing the town from granting a variance for the
construction of the tanks that are already there. These are not the town's tanks. If
Suit-Kote built them and shouldn't have, the risk is theirs. The only thing the town
did with the rezone was to eliminate the necessity of Suit-Kote having to come
before any board of the town for a variance. Provisions are in the town's ordinance
that if certain conditions are met, construction could be approved without the
necessity of a zone change. Attorney Folmer's main concern is the request of an
injunction preventing the town from permitting that construction in the future. If our
ordinance allows the construction and the Board makes the appropriate
determinations, the town should not have to be enjoined from considering a new
application when it is made. This litigation is not the town's problem. The concern
is if the town is going to be enjoined from taking actions in the future that are
ordinance authorizes. Attorney Folmer will discuss this with Judge Dowd.
Councilman Testa made a motion seconded by Councilman Rocco, to
receive and file correspondence from Bernie Thoma of Thoma Development
Consultants regarding assisting the town with grant applications. All voting aye, the
motion was carried.
RESOLUTION #67 AWARD BID FOR NEW -WHEELED EXCAVATOR
TO L.B. SMITH, INC. IN THE AMOUNT OF
$125,265.00
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, bids were advertised for a new -wheeled excavator for the Highway
Department, and
WHEREAS, sealed bids were opened on March 5, 2001 at 3:00 p.m. and provided
to Highway Superintendent, Carl Bush for review, as follows:
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MARCH 7, 2001 TOWN BOARD MEETING
L.B. Smith, Inc. $128,146.00
5985 Court St.
P.O. Box 65 Eastwood Station
Syracuse, NY 13206
Monroe Tractor $141,440.00
7300 Eastman Road
N. Syracuse, NY 13212
Syracuse Supply $173,674.00
294 Ainsley Drive
P.O. Box 37
Syracuse, NY 13205
PAGE 5
BE IT RESOLVED, the bid as recommended by Highway Superintendent, Carl
Bush is hereby awarded to the lowest bidder L.B. Smith, Inc. of Syracuse, NY for a
total amount of $125,265.00 as follows:
Bid f or new excavator: $128,146.00
Minus trade-in for used town excavator: $ 28,000.00
Purchase of the mower option: $ 21,634.00
5 year full coverage warranty: $ 3,485.00
TOTAL: $125,265.00
Councilman Rocco made a motion seconded by Councilman O'Donnell, to
receive and file recommendations from the County Planning Board regarding and
Aquifer Protection Permit application submitted by TLC West, LLC. for the
construction of an Applebee's Restaurant. All voting aye, the motion was carried.
The County Planning Board recommended approval subject to seven
conditions.
Councilman Rocco made a motion seconded by Councilman O'Donnell, to
receive and file correspondence from the NYS DOT to Senator James Seward. All
voting aye, the motion was carried.
The NYS DOT's correspondence was in response to Senator Seward's letter
concerning speed limits on Lime Hollow Road, Gracie Road, Fairview Drive,
Luker Road, and McLean Road during future construction along Routes 13 and
281. The NYS DOT will perform the traffic study upon receipt of a joint resolution
from the town and the Cortland County.
Councilman Rocco suggested the
DOT's request for a joint resolution.
Supervisor Thorpe will forward
Director of Transportation of the Board's
requesting they do the same.
Board initiate a response regarding NYS
3 letter to Jon Edinger, NYS Regional
decision and a letter to Cortland County
RESOLUTION #68 REQUEST NYS DOT TO INITIATE TRAFFIC
STUDIES ON LIME HOLLOW ROAD, GRACIE
ROAD, FAIRVIEW DRIVE, LUKER ROAD, AND
MCLEAN ROAD FOR TRAFFIC AND SPEED NOW
AND DURING RECONSTRUCTION OF NYS
ROUTE 13 AND 281
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, Senator James Seward addressed a letter to NYS DOT Regional
Traffic Engineer Barry Stevens regarding concerns expressed by residents on Lime
Hollow Road, Gracie Road, Fairview Drive, Luker Road, and McLean Road
regarding an increase of traffic and speed during construction along NYS Routes 13
and 281, and
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MARCH 7, 2001 TOWN BOARD MEETING PAGE 6
WHEREAS, the NYS DOT Traffic Engineer responded to Senator Seward
requestiaig a joint resolution with'the Town of 'Cortlandville and Cortland County to
perform such traffic studies, therefore
BE IT RESOLVED, the Town Board does hereby request the NYS DOT to initiate
traffic studies of Lime Hollow Road, Gracie Road, Fairview Drive, Luker Road,
and McLean 'Road now and ''dur ing i econstruction along NYS Route' '13 and Route?:
281.
Councilman O'Donnell made a motion seconded by Councilman Rocco, to
receive and file correspondence from 'Tim Buhl `of Resource Associates to John
Helgren of the Cortland County Health Depa m6fit. All 'voting aye, the motion was
carried.
Mr. Buhl's correspondence was in reference to the Aquifer Model done by
the USGS and demonstrated by M .'11elgreh at'tli& February 3, `2001 Town Board
meeting.
Attorney Folmer apprised the Board of," speaking` with Rerob, LLC.'s
attorney, Michael Shafer. Attorney Shafer stated that Pat Reidy of Cortland County
Soil and Water had not reviewed the Soil Water Conservation Plan. Mr. Reidy
stated that is not ordinarily done unless there is a specific request. Attorney Shafer
requested the town make that request of the County Soil and Water.
Attorney Folmer stated Code Enforcement Officer Bruce Weber Would
contact the County Soil and rater department and request they review that plan.
Councilman, O'Donnell made a motion seconded by,.Councilman Testa, to
receive and file a petition signed by SO area residents. All voting aye, the motion
was carried.
The petition requested denial of Rerob, LLC.'s Aquifer Protection Permit
application. regarding the construction of an Express .Mart gas station ona,the corner
of Lime Hollow and NYS Route ,13.
Supervisor Thorpe explained to the Board that the Fragnoli request for a
Zone Change was reviewed by the. Town Planning Board on March 6, 2001.
Town Clerk Karen Snyder read aloud from the index of the Planning Board
meeting that Fragnoli's Zone Change and Site Plan Approval requests were
forwarded to the County Planning for their review.
Supervisor Thorpe explained the proposal is for an 80 unitadjusted living
complex on Starr Road.
RESOLUTION #69 REFER ZONE CHANGE REQUEST SUBMITTED
BY FRAGNOLI PROPERTIES TO COUNTY
PLANNING BOARD FOR THEIR REVIEW
ND RECOMMENDATIONS
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, .a Zone Change request, submitted by Fragnoli Properties, for
property owned by Robert J.'Ferris, tax map #96.10-01-19.100, shall be forwarded
to the County Planning Board for their review and recommendations.
Councilman Rocco made a motion seconded by Councilman O'Donnell, to
receive and file correspondence from Barry Stevens of the NYS DOT to Walter
Priest, Executive Director of Eight County Physician Organization. All voting aye,
the motion was carried.
Mr. Stevens informed Mr. Priest the NYS DOT would initiate a traffic study
of conditions concerning motorists having difficulty exiting Commons Avenue onto
NYS Route 281.
- MARCH 7, 2001 TOWN BOARD MEETING PAGE 7
Councilman O'Donnell made a motion seconded by
receive and file Lamont Memorial Library annual report fo
r
RESOLUTION #70 REFER ZONE CHANGE REQUEST SUBMITTED
BY SAMUEL FISH TO TOWN AND COUNTY
PLANNING BOARDS FOR THEIR REVIEW
AND RECOMMENDATIONS
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Zone Change request, submitted by Samuel Fish, tax map
#83.13-01-37.100, shall be forwarded to the Town and County Planning Boards for
their review and recommendations.
Supervisor Thorpe apprised the Board of a government workshop to be held
on April 24, 2001. If interested the Board needs to use the registration form
included in their packets.
Councilman Rocco commented the County Transportation Committee has
agreed to a have a Public Hearing on March 27, 2001 at 7:00 p.m. at the County
Office Building for the proposed fence around the County Airport.
The chairman of that committee has stated the fence will be built regardless.
Councilman Testa stated, as Bernie Thoma of Thoma Development did not
attend tonight's meeting the Board should arrange to meet with him in order to
expedite the possibility of applying for grants for several proposed projects to be
done by the town.
A discussion was held concerning which projects the Board feels is the most
important to apply for.
Supervisor Thorpe and Councilman Testa agreed to meet with Mr. Thoma
March 14, 2001 at 4:15 p.m. Councilman Testa will contact Mr. Thoma.
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 7:35 p.m.
Respectfully submitted,
--,;�k
Karen Q. Snyder
Town Clerk
Town of Cortlandville