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HomeMy WebLinkAbout03-07-2001MARCH 07, 2001 PUBLIC HEARING 7:00 P.M. 1 1 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. 1 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: 71 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 1 1 1 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