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HomeMy WebLinkAbout07-18-2001JULY 18, 2001 PUBLIC HEARING NO. 1 11 , 165 1 LOCAL LAW - 2001 MORATORIUM 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 the adoption of a Local Law of the Town of Cortlandville which establishes a moratorium on development along the NYS Route 281 and Route 13 corridor for a period of eight months. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Water & Sewer Sup't. Peter Alteri; Planning Board member, Nick Renzi; David Acton, Marcy Excavation; Jeff Frederickson, Ukrainian Church; Chuck Feiszli, Resource Associates; Stephen Compagni, Economy Paving; Town Residents Russell White, Arthur and Pat Shedd, Lydia Ferro, Joe Governali, and News Reporter, Chris Nolan. 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 Testa inquired if the proposed moratorium would effect seasonal sales along Routes 281 and 13. Attorney Folmer explained anyone applying for a permit along that corridor would fall under the conditions of the moratorium. Seasonal agricultural sales could be included as an exception. The Board discussed including transient permits as an exception also. It was decided to only include the seasonal agricultural sales. Charles Feiszli of Resource Associates, inquired concerning applications made before the August I" moratorium deadline. Attorney Folmer stated applications that are made before the end of July would be not be affected by the moratorium. Attorney Folmer referred to comments he received concerning the moratorium draft distributed on June 20, 2001. He explained the Moratorium Local Law cannot be established earlier than August 1' as it needs to be filed with the Secretary of State. Also, limiting the moratorium to a certain number of feet beyond the roadway would create difficulties constructing the terms of the ordinance. Suggestions included in the revised draft of the moratorium were defining the limits as Exit 12 on Route 281 in the Town of Romer and the town line to the south on Route 13. Attorney Folmer explained he was informed by the engineering firm that it may take eight months to produce a report of the study of Routes 281 and 13. Consequently he changed the initial period from six months to eight. Attorney Folmer apprised the Board if all the information needed is completed before the eight months are concluded, the Board can repeal the moratorium. If the information is not completed in eight months, the Board can extend the moratorium time period. Mr. Feiszli inquired into what the corridor is defined as the moratorium. Attorney Folmer read from the proposed moratorium. The study area includes all lands within the Aquifer Protection District of the town affected by Routes 281 and 13. Supervisor Thorpe stated the area in the moratorium is defined by the Aquifer Protection District. 166 JULY 18, 2001 PUBLIC HEARING NO. 1 PAGE 2 In answer to Councilman Testa's question, Attorney Folmer explained applications for construction along the Routes 281 and 13 corridor may be submitted but would not be acted upon until the completion of the moratorium. No further comments or discussion was 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 5:08 p.m. 1 1 JULY 18, 2001 PUBLIC HEARING NO.2 5:08 P.M. 16 1 1 AQUIFER PROTECTION PERMIT MARCY EXCAVATION CO. TAX MAP #79.00-01-02.100 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 mining operations at a site approximately two miles north - northeast of the Village of McGraw on the north side of Heath Road utilizing approximately 19 acres of a 25 acre parcel. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Water & Sewer Sup't. Peter Alteri; Planning Board member, Nick Renzi; David Acton, Marcy Excavation; Jeff Frederickson, Ukrainian Church; Chuck Feiszli, Resource Associates; Stephen Compagni, Economy Paving; Town Residents Russell White, Arthur and Pat Shedd, Lydia Ferro, Joe Governali; and News Reporter, Chris Nolan. 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 Acton representing Marcy Excavation Co. stated he is in attendance to answer any questions concerning this application. In answer to Councilman O'Donnell's question, Mr. Acton stated all the material mined from the site will go directly to the Cortland County Land Fill. Attorney Fohner inquired about the required mining permit from the State. Mr. Acton stated the State has granted the mining permit and has a copy with him tonight. No further comments or discussion was heard. Councilman Pilato 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 5:10 p.m. 168 JULY 18 2001 PUBLIC HEARING NO. 3 5:10 P.M. AQUIFER PROTECTION PERMIT ECONOMY PAVING TAX MAP #77.00-01-33.000 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 6500 sq. ft. mechanic facility building on an existing 3.1 acre parcel located at 1819 NYS Route 13 in the Town of Cortlandville. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Water & Sewer Sup't. Peter Alteri; Planning Board member, Nick Renzi; David Acton, Marcy Excavation; Jeff Frederickson, Ukrainian Church; Chuck Feiszli, Resource Associates; Stephen Compagni, Economy Paving; Town Residents Russell White, Arthur and Pat Shedd, Lydia Ferro, Joe Governah: and News Reporter, Chris Nolan. 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. Stephen Compagni representing Economy Paving stated he was in attendance to answer any questions concerning tonight's meeting. Councilman O'Donnell stated that this application is for a new building on their property across from the Country Music Park. Mr. Compagni confirmed that was correct. He went on to explain their mechanics are now located on Franklin Street in the City of Cortland. The new building is a continuation of Economy Paving's move. It is their intent to be located completely at the Route 13 location and sell their Franklin Street facility. Mr. Feiszli stated that conditions were made by the County Planning Board. The applicant has copies of consent received from the County Health Department. No further comments or discussion was heard. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 5:13 p.m. 1 1 1 JULY 18, 2001 I idi OR] a LWN I WA k"41a,"SkILIX I 5:13 P.M. 169 1 1 1 AQUIFER PROTECTION PERMIT UKRAINIAN PENTECOSTAL CHURCH TAX MAP #s 95.00-01-23.100 95.11-02-46.000, 95.11-04-07.000 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 8700 sq. ft. church to serve a membership of approximately 250-300 persons at a location on McLean Road southwest of Worthington Place in the Town of Cortlandville. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Water & Sewer Sup't. Peter Alteri; Planning Board member, Nick Renzi; David Acton, Marcy Excavation; Jeff Frederickson, Ukrainian Church; Chuck Feiszli, Resource Associates; Stephen Compagni, Economy Paving; Town Residents Russell White, Arthur and Pat Shedd, Lydia Ferro, Joe Governali; and News Reporter, Chris Nolan. 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 commented the proposed church will be good f or the neighborhood. He apprised the Board that he had spoken with Town Planning Board Chairman, Kathy Wickwire regarding this application. Chairman Wickwire had stated that outdoor- lighting for the proposed church had not been discussed. She recommended that it be included in the Town Board approval of their Aquifer Protection Permit. If outdoor lighting for the church is intended, the applicants should be referred back to the Planning Board to insure the lighting is appropriate for the surrounding neighborhood. Attorney Folmer read aloud the County Planning Board's recommendations. No further comments or discussion was 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 5:15 p.m. 170 JULY 18 2001 5:15 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: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councihman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Water & Sewer Sup't. Peter Alteri; Planning Board member, Nick Renzi; David Acton, Marcy Excavation; Jeff Frederickson, Ukrainian Church; Chuck Feiszli, Resource Associates; Stephen Compagni, Economy Paving; Town Residents Russell White, Arthur and Pat Shedd, Lydia Ferro, Joe Governali; and News Reporter, Chris Nolan. Supervisor Thorpe called the meeting to order. RESOLUTION #142 AUTHORIZE PAYMENT OF VOUCHERS - JULY Motion by Councilman Rocco Seconded by Councihman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #344 -359 $34,590.27 General Fund B 70 - 73 $40,377.75 Highway Fund DB 270 -290 $28,375.64 Water Fund 155 -168 $22,321.79 Sewer Fund 98 -102 $21,096.57 Capital Projects 31 $ 135.40 Supervisor Thorpe offered privilege of the floor to those in attendance. Councilman Rocco commented on the proposed mining project. It would appear that the town is growing. David Acton explained the project is for fill at the Cortland County Land Fill. The mined material is not for general construction. It packs well and is slightly impervious. Mr. Acton explained the material is a "glacial fill" and would not be good for road base or storm drainage. It is good land fill. Monthly reports for the SPCA for June 2001 and the 3`d Quarter Water and Sewer reports, are on the table for review and filed in the Town Clerk's office. Supervisor Thorpe commented that the unaccounted water loss is 1.1% improved from 35-40% from years ago. RESOLUTION #143 ADOPT LOCAL LAW NO.4 OF 2001 MORATORIUM ON DEVELOPMENT ALONG ROUTES 281 AND 13 CORRIDOR Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL 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 entitled "Moratorium on Development Along Routes 281 and 13 Corridor", and 1 1 171 JULY 18, 2001 TOWN BOARD MEETING PAGE 2 WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at Town Hall, 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, 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, therefore Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1. Purpose. In order to review and update, if necessary and advisable, its development plan, the Town Board of the Town of Cortlandville has determined to identify and study undeveloped and/or partially developed lands located within the sole source Aquifer area of the Town affected by New York State Routes 281 commencing at the Northerly Town Line at or near Exit 12 of US Interstate Highway 81 and continuing southerly to the Southerly Town Line located on NYS Route 13, (the "Study Area") in order to identify and address, among other things, the present and future development needs of these areas, with respect to the appropriateness of the existing zoning district classifications including, but not limited to, considerations of effect of development on the aquifer itself, traffic congestion, existing surrounding, development, visual and other environmental impacts, and the Town's present and future needs for development throughout the Study Area. Therefore, the Town Board of the Town of Cortlandville finds it prudent and necessary to enact a moratorium applicable to the Study Area, as designated hereinbelow, on the approval of land use applications, including but not limited to commercial, business, residential site plans, residential subdivision maps and land divisions for lands located within the Study Area. This moratorium is intended to insure that no approvals for such land use applications, as aforesaid, be granted until this Board may complete its planning studies in respect of said Study Area and has an opportunity to consider and/or enact comprehensive zoning changes, as appropriate, for the lands located within the Study Area. Section 2. Definitions. For purposes of this Local Law, the following definitions shall apply: COMPLETE APPLICATIONS - A complete application shall conform to and comply with all applicable requirements of the relevant provisions of the Code of the Town of Cortlandville, the Planning Board Regulations contained in the Code of the Town of Cortlandville and all other applicable State and Local Laws, rules and regulations. STUDY AREA - The Study Area which is the subject of this moratorium shall include all lands within Aquifer Protection Districts of the Town of Cortlandville affected by New York State Routes 281 and 13 as defined above. Section 3. Prohibitions. No land use applications for site plan approval, special permits or other land use approvals, subdivision maps or plats, and/or for land divisions shall be accepted and/or granted approval by the Planning Board, the Zoning Board or the Town Board with respect to or for parcels of land located within the Study Area. Section 4. Exceptions. 3ULY 18, 2001 TOWN BOARD MEETING PAGE 3 The prohibitions on the land use applications and approvals contained in this Local Law shall not apply with respect to non-residential site plans, non-residential land divisions, special permits and/or other land use applications for existing non- residential zoned lands and/or for land use applications for subdivision maps, land divisions, residential site plans and other residential land use applications which are filed, accepted and pending as of August 1, 2001 and/or for completed land use applications for sub -division maps, land divisions, residential site plans and other land use applications which are filed, accepted and pending as of the effective date of this Local Law herein, nor shall its provisions apply uses relating to the seasonal sale of agricultural products. Section 5. Term. This Local Law shall expire eight (8) months after the effective date hereof. Section 6. Severability. If any word, clause, sentence, paragraph, subdivision or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgement shall not affect, impair or invalidate the remainder hereof, but shall be limited in its application to the word, clause, sentence, paragraph, subdivision or part hereof directly involved in the controversy in which such judgement shall have been rendered. Section 7. Effective Date. This Local Law shall become effective when filed with the Secretary of State as required by law. Attorney Folmer explained to the Board that even though the NYS DEC will be Lead Agent for the Marcy Excavation project, the Board should complete an Environmental Impact Study and submit it to the DEC. Attorney Folmer read aloud the Short Environmental Assessment Form questions. The Board responded to each as having a negative impact. Councilman O'Donnell inquired of David Acton of Marcy Excavation if the same precautions would be taken in this project as where to obtain their original mining permit. Mr. Acton stated yes! He explained that only as much land as needed for the landfill will be opened. The entire pit would not be opened at one time but in segments. Erosion control measures would also be installed. Additional equipment would not be brought in for this operation. It is an extension of what is already being done at the landfill. Mr. Acton stated the materials would be processed at the landfill, not on site. Several thousand yards of material are being screened at the county landfill already. Mr. Acton explained considerably less than the 120,000 cubic yards of material will be needed than originally planned. The county has a stockpile of left over material that would be used. The topsoil at the mining site will be stripped and stock piled with a surrounding fence. It will then be respread and reseeded with erosion control vegetation. RESOLUTION #144 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #6 OF 2001 SUBMITTED BY MARCY EXCAVATION CO. FOR PROPERTY LOCATED ON HEATH ROAD Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Marcy Excavation Co., for property located on the north side of Heath Road, permitting mining operations at a site approximately two miles north-northeast of the Village of McGraw on the north side of Heath Road utilizing approximately 19 acres of a 25 acre parcel, tax map #79.00-01-02.100, and 1 i�3 JULY 18, 2001 TOWN BOARD MEETING PAGE 4 WHEREAS, the Town Board duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board does hereby declare the proposed project for mining operations submitted by Marcy Excavation Co., Aquifer Protection Permit #6 of 2001, shall have no significant environmental impact, and it is further RESOLVED, the Town Attorney is hereby authorized and directed to forward on to the Lead Agent NYS DEC the SEQRA application for Marcy Excavation Co. RESOLUTION #145 APPROVE AQUIFER PROTECTION PERMIT #6 OF 2001 SUBMITTED BY MARCY EXCAVATION FOR PROPERTY LOCATED ON HEATH ROAD SUBJECT TO CONDITIONS Motion by Councilman O'Donnell 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, and WHEREAS, a Public Hearing was duly held by this Town Board, and WHEREAS, the Town Board reviewed and completed the Short Environmental Assessment Form to be forwarded on to Lead Agent NYS DEC by the Town Attorney, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #6 of 2001, submitted by Marcy Excavation Co., for property located on the north side of Heath Road, permitting mining operations at a site approximately two miles north-northeast of the Village of McGraw on the north side of Heath Road utilizing approximately 19 acres of a 25 acre parcel, tax map #79.00-01-02.100, subject to the following conditions: 1) The applicant receiving and maintaining a mining permit from the NYS DEC. 2) Two groundwater monitoring wells being installed, one up -gradient and one down -gradient from on -site activities, as required under the Aquifer Protection District. 3) A negative declaration on environmental impact under SEQR by Lead Agent, NYS DEC. RESOLVED, the Supervisor is hereby authorized and directed to sign the permit. RESOLUTION #146 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #7 OF 2001 SUBMITTED BY ECONOMY PAVING FOR PROPERTY LOCATED AT 1819 NYS ROUTE 13 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Economy Paving, property owner Joseph Compagni, for property located at 1819 NYS Route 13, permitting the construction of a 6500 sq. ft. mechanic facility building on an existing 3.1 acre parcel, tax map #77.00-01-33.000 and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form, therefore 1 � � JU Y L 18, 2001 TOWN BOARD MEETING PAGE 5 BE IT RESOLVED, the Town Board, as Lead Agent, proposed project for a 6500 sq. ft. mechanic facility Economy Paving, Aquifer Protection Permit #7 of 2001, environmental impact. does hereby declare the building submitted by shall have no significant RESOLUTION #147 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #7 OF 2001 Motion by Councilman Rocco 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 #7 of 2001, submitted by Economy Paving. RESOLUTION #148 APPROVE AQUIFER PROTECTION PERMIT #7 OF 2001 SUBMITTED BY ECONOMY PAVING FOR PROPERTY LOCATED AT 1819 NYS ROUTE 13 SUBJECT TO CONDITIONS Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, the Cortland County Planning Department and the Town Planning Board have reviewed and recommended approval of this Aquifer Permit Protection 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 #7 of 2001, submitted by Economy Paving, property owner Joseph Compagni, for property located at 1819 NYS Route 13, permitting the construction of a 6500 sq. ft. mechanic facility building, tax map #77.00-01-33.000, subject to the following conditions: 1) Approval by the County Health Department of a response/containment plan designed to prevent any hazardous materials from leaving the building as a result of failure of the largest possible tank; within the building. This plan should also include containment within the storage area in case of failure of the largest storage container. 2) A negative declaration of environmental impact under SEQR. RESOLVED, the Supervisor is hereby authorized and directed to sign the permit. RESOLUTION #149 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #8 OF 2001 SUBMITTED BY UKRAINIAN PENTECOSTAL CHURCH FOR PROPERTY LOCATED ON MCLEAN ROAD Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Ukrainian Pentecostal Church, permitting the construction of an 8,700 sq. foot church to be located on McLean Road southwest of Worthington Place, owners Russell and Medora White, tax map #s 95.00-01-23.100, 95.11-02-46.000 and 95.11-04-07.000, and JULY 18, 2001 TOWN BOARD MEETING PAGE 6 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 for an 8,700 sq. foot church submitted by Ukrainian Pentecostal Church, Aquifer Protection Permit #8 of 2001, shall have no significant environmental impact. RESOLUTION #150 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #8 OF 2001 Motion by Councilman Rocco 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 #8 of 2001, submitted by the Ukrainian Pentecostal Church. RESOLUTION #151 APPROVE AQUIFER PROTECTION PERMIT #8 OF 2001 SUBMITTED BY THE UKRAINIAN PENTECOSTAL CHURCH FOR PROPERTY LOCATED ON MCLEAN ROAD SUBJECT TO CONDITIONS Motion by Councilman Rocco 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 Permit Protection 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 #8 of 2001, submitted by the Ukrainian Pentecostal Church, for property located on McLean Road southwest of Worthington Place, permitting the construction of an 8,700 sq. foot church, tax map #s95.00-01-23.100, 95.11-02- 46.000 and 95.11-04-07.000, subject to the following conditions: 1) The subdivision plan being submitted to and approved by the County Health Department as is required for changes to a previously approved realty subdivision. 2) Consolidation by deed of the small strip of land to the south of the proposed church and east of the proposed driveway entrance with the adjoining parcel to the south to avoid the creation of a parcel which is "land locked" and does not meet the minimum lot size requirement of the R-1 (Residential) District. 3) The Town weighing the benefit to the applicant of having the parking within the required front and side yard vs. the health, safety, and welfare of the community/neighborhood as is required before any bulk variance may be granted. 4) The driveway and parking lot being a paved surface to reduce the amount of dust and noise and to reduce the amount of gravel that would enter the roadway. 5) A stormwater pollution prevention plan, including a grading plan, being submitted to and approved by the Town since the impervious surface of the site would cover an area greater than 10,000 sq. feet. 1�6 DULY 18, 2001 TOWN BOARD MEETING PAGE 7 6) Plans for the proposed driveway entrance to McLean Road being submitted to and approved by the Cortland County Superintendent of Highways, since McLean Roach is a county road. A projected maximum traffic generation (current estimated driveway volume and twenty year projected volume) should be submitted with the proposed driveway details. This traffic estimate should be broken down by number of trips per day, with day of week and time of day specified. 7) A Highway Work Permit being issued by the Cortland County Superintendent of Highways if there are any public utility connections that are proposed to be within the county right-of-way for McLean Road. 8) Visual screening being provided along the parking area which abuts residential properties. R) The plans for constructing the kitchen being reviewed and approved by the County Health Department. 10) A negative declaration of environmental impact under SEQR. 11) The applicant return back to the Town Planning Board for appropriate application for permits when exterior lighting is installed. RESOLVED, the Supervisor is hereby authorized and directed to sign the permit. RESOLUTION #152 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR FILING OF LOCAL LAW NO. 3 OF 2001 Motion by Councilman Pilato Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, NYS Dept. of State acknowledged receipt of Local Law No. 3 of 2001, to be effective on July 03, 2001, which provided for a Zone Change for Samuel Fish for property located on the north side of NYS Route 222 approximately 230' west of NYS Route 281. Attorney Folmer reported: Page Green Road, Crestwood Court Water and Sewer Improvement Projects: Attorney Folmer apprised the Board that the Orders for additional Bonding of the Page Green Roach Water and Sewer Improvement Projects and Crestwood Court Sewer Improvement Project are ready to be adopted following a scheduled Public Hearing. RESOLUTION #153 ADOPT THE ORDER "PAGE GREEN ROAD WATER IMPROVEMENT PROJECT - 2001" PURSUANT TO TOWN LAW ARTICLE 12-C AND SET DATE FOR A PUBLIC HEARING ON AUGUST 15, 2001 Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Town Board of the Town of Cortlandville (herein called "Town Board" and "Town," respectively), in the County of Cortland, New York, has caused the Town Engineer, a competent engineer, duly licensed by the State of New York, to prepare a general map, plan, and report for the proposed construction of improvements on and around Page Green Road in the Town, consisting of the installation of watermain, where necessary, including buildings, land or rights in land, original furnishings, equipment, machinery and apparatus required therefor and all ancillary work thereto (all of the foregoing being referred to herein as the "Water Improvement"), all within an area of the Town outside of any villages, which area has been determined to be the benefitted area (herein designated and referred to as the "Benefited Area"), pursuant to Article 12-C of the Town Law, and which map, plan and report has been heretofore duly filed in the office of the Town Clerk f or public inspection, and 1 1 1 JULY 18, 2001 TOWN BOARD MEETING PAGE 8 WHEREAS, after a public hearing duly called and held on February 7, 2001, the Town Board of the Town determined by Resolution duly adopted on February 7, 2001, that it is in the public interest to construct the Water Improvement at the estimated cost of $75,000; and WHEREAS, due to increased costs of materials and labor, the estimated cost of construction of the Water Improvement is now estimated to be $135,000, and it is necessary and desirable and in the best interest of said Town to increase the total appropriation therefor by $60,000, from $75,000 to $135,000; and WHEREAS, such Water Improvement will benefit the entire Benefitted Area, said area having been designated as the Benefitted Area pursuant to the Town Law; and WHEREAS, the Benefitted Area within the Town, situate wholly outside of any village or city, is more particularly bounded and described as follows: Entire area of the Town outside of any villages. WHEREAS, the maximum amount proposed to be expended for the construction of such Water Improvement is estimated to be $135,000, which is planned to be financed by the issuance of serial bonds of the Town and the levy and collection of special assessments from the several lots and parcels of land within the Benefitted Area which the Town Board shall determine to be especially benefitted by said Water Improvement, so much upon and from each as shall be in just proportion to the amount of benefit which such Water Improvement shall confer upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable; and WHEREAS, pursuant to the direction of the Town, the engineer has completed and filed with the Town Board modifications to the map, plan and report heretofore prepared for the construction of the Water Improvement; NOW, THEREFORE, BE IT ORDERED, that the Town Board of the Town, meet and hold a public hearing at the Town Hall on the 15th day of August, 2001 at. 5:00 p.m. (Prevailing Time) to consider increase in cost for construction of such Water Improvement within the Benefitted Area, at which all persons interested in the subject thereof may be heard concerning the same, and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it FURTHER ORDERED, that the Town Clerk publish at least once in the "Cortland Standard," a newspaper having a general circulation in the Town, and hereby designated as the official newspaper of the Town for such publication, and post conspicuously on the bulletin board in the office of the Town Clerk, a copy of this Order, certified by the Town Clerk, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the day set and designated herein for said public hearing as aforesaid. 1 JULY 18, 2001 TOWN BOARD MEETING PAGE 9 RESOLUTION #154 ADOPT THE ORDER "PAGE GREEN ROAD SEWER IMPROVEMENT PROJECT- 2001" PURSUANT TO ARTICLE 12-C OF THE TOWN LAW AND SET DATE FOR A PUBLIC HEARING ON AUGUST 15, 2001 Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Town Board of the Town of Cortlandville (herein called "Town Board" and "Town," respectively), in the County of Cortland, New York, has caused the Town Engineer, a competent engineer, duly licensed by the State of New York, to prepare a general map, plan and report for the proposed construction of improvements on and around Page Green Road in the Town, consisting of the installation of approximately 1,600 feet of 8-inch sewer main near the intersection of Page Green Road and Saunders Road, including buildings, land or rights in land, original furnishings, equipment, machinery and apparatus required therefor and all ancillary work thereto (all of the foregoing being referred to herein as the "Sewer Improvement"), all within the an area of the Town outside of any villages, which area has been determined to be the benefitted area (herein designated and referred to as the "Benefited Area") pursuant to Article 12-C of the Town Law, and which map, plan and report has been heretofore duly filed in the office of the Town Clerk for public inspection; and WHEREAS, after a public hearing duly called and held on January 17, 2001, the Town Board of the Town determined by Resolution duly adopted on January 17, 2001, thatit is in the public interest to construct the Sewer Improvement at the estimated cost of $150,000; and WHEREAS, due to increased costs of materials and labor, the estimated cost of construction of the Sewer Improvement is now estimated to be $195,000, and it is necessary and desirable and in the best interest of said town to increase the total appropriation therefor by $45,000, from $150,000 to $195,000; and WHEREAS, the Sewer Improvement will benefit the entire Benefitted Area, said area having been designated as the Benefitted Area pursuant to the Town Law; and WHEREAS, the Benefitted Area within the Town, situated wholly outside of any village or city, is more particularly bounded and described as follows: Entire area of the Town outside of any villages. WHEREAS, the maximum amount proposed to be expended for the construction of such Sewer Improvement is estimated to be $195,000, which is planned to be financed by the issuance of serial bonds of the Town and the levy and collection of special assessments from the several lots and parcels of land within the Benefitted Area which the Town Board shall determine to be especially benefitted by said Sewer Improvement, so much upon and from each as shall be in just proportion to the amount of benefit which such Sewer Improvement shall confer upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable; and WHEREAS, pursuant to the direction of the Town, the engineer has completed and filed with the Town Board modifications to the map, plan and report heretofore prepared for the construction of the Sewer Improvement; NOW, THEREFORE, BE IT ORDERED, that the Town Board of the Town, meet and hold a public hearing at the Town Hall on the 15th day of August, 2001 at 5:00 p.m. (Prevailing Time) to consider the increase in cost for construction of such Sewer Improvement within the Benefitted Area, at which all persons interested in the subject thereof may be heard concerning the same, and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it 1-79 JULY 18, 2001 TOWN BOARD MEETING - PAGE 10 FURTHER ORDERED, that the Town Clerk publish at least once in the "Cortland Standard," a newspaper having a general circulation in the Town of Cortlandville, and hereby designated as the official newspaper of the Town for such publication, and post conspicuously on the bulletin board in the office of the Town Clerk, a copy of this Order, certified by the Town Clerk, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the day set and designated herein for said public hearing as aforesaid. RESOLUTION #155 ADOPT THE ORDER "CRESTWOOD COURT/GROTON AVENUE/NYS ROUTE 281 SEWER IMPROVEMENT PROJECT - 2001" PURSUANT TO TOWN LAW AYzTICLE 12-C AND SET DATE FOR A PUBLIC HEARING ON AUGUST 15, 2001 Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Town Board of the Town of Cortlandville (herein called "Town Board" and "Town," respectively), in the County of Cortland, New York, has caused the Town Engineer, a competent engineer, duly licensed by the State of New York, to prepare a general map, plan and report for the proposed construction of improvements along Crestwood Court, Groton Avenue and New York State Route 281 in the Town, consisting of the construction of a new sewage flow metering station, installation of approximately 1,152 feet of 8-inch collector line along Crestwood Court, installation of approximately 1,142 feet of 8-inch sewer main along New York State Route 281, and the replacement of sewer laterals, including buildings, land or rights in land, original furnishings, equipment, machinery and apparatus required therefor, and all ancillary work thereto (all of the foregoing being referred to herein as the "Sewer Improvement"), all within the area of the Town outside of any villages, which area has been determined to be the benefitted area (herein designated and referred to as the "Benefited Area") pursuant to Article 12-C of the Town Law, and which map, plan and report has been heretofore duly filed in the office of the Town Clerk for public inspection; and WHEREAS, after a public hearing duly called and held on January 17, 2001, the Town Board of the Town determined by Resolution duly adopted on January 17, 2001, that it is in the public interest to construct the Sewer Improvement at the estimated cost of 216,000; and WHEREAS, due to increased costs of materials and labor, the estimated cost of construction of the Sewer Improvement is now estimated to be $262,000, and it is necessary and desirable and in the best interest of said Town to increase the total appropriation therefor by $46,000, from $216,000 to $262,000: and WHEREAS, such Sewer Improvement will benefit the entire Benefitted Area, said area having been designated at the Benefitted Area pursuant to the Town Law; and WHEREAS, the Benefitted Area within the Town, situate wholly outside of any village or city, is more particularly bounded and described as follows: Entire Area of the Town outside of Villages. WHEREAS, the maximum amount proposed to be expended for the construction of such Sewer Improvement is estimated to be $262,000, which is planned to be financed by the issuance of serial bonds of the Town and the levy and collection of special assessments from the several lots and parcels of land within the Benefitted Area which the Town Board shall determine to be especially benefitted by said Sewer Improvement, so much upon and from each as shall be in just proportion to the amount of benefit which such Sewer Improvement shall confer upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable; 180 JULY 18, 2001 TOWN BOARD MEETING PAGE 11 WHEREAS, pursuant to the direction of the Town, the engineer has completed and filed with the Town Board modifications to the map, plan and report heretofore prepared for the construction of the Sewer Improvement; NOW, THEREFORE, BE IT ORDERED, that the Town Board of the Town, meet and hold a public hearing at the Town Hall on the 15th day of August, 2001 at 5:00 p.m. (Prevailing Time) to consider increase in cost for construction of such Sewer Improvement within the Benefitted area, at which all persons interested in the subject thereof may be heard concerning the same, and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it FURTHER ORDERED, that the Town Clerk publish at least once in the "Cortland Standard," a newspaper having a general circulation in the Town of Cortlandville, and hereby designated as the official newspaper of the Town for such publication, and post conspicuously on the bulletin board in the office of the Town Clerk, a copy of this Order, certified by the Town Clerk, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the day designated herein for said public hearing as aforesaid. Councilman Pilato made a motion seconded by Councilman O'Donnell, to receive and file correspondence from Supervisor Thorpe to Barry Stevens, NYS DOT Regional Traffic Engineer. All voting aye, the motion was carried. The correspondence was in regards to the Board's anger and annoyance regarding the NYS DOT's decision not to install a traffic signal at the intersection of NYS Route 281 and Commons Ave as requested by the town. The Board commended Supervisor Thorpe on a well written letter. Councilman Pilato made a motion seconded by Councilman Testa, to receive and file correspondence from Bang Stevens, NYS DOT Regional Traffic Engineer to Town Clerk, Karen Snyder. All voting aye, the motion was carried. Mr. Stevens correspondence was in response to the Board's request of lowering the speed limit on Pendleton Street. The town will be notified of DOT's results and determination. Councilman O'Donnell made a motion seconded by Councilman Rocco, to receive and file correspondence from Riehlman, Shafer and Shafer regarding the Rerob Scoping Proceedure. All voting aye, the motion was carried. Attorney Folmer stated in the Express Mart final Scoping Session document dated July 18, 2001, the town is required to respond within sixty days from the time it is submitted, which will be approximately August 10, 2001. Attorney Folmer recommended the Board respond to this at the August 1, 2001 meeting. In preparation the Board should review the completed long SEQRA form and the Scoping Session document. Attorney Folmer will publish a notice regarding the August 1, 2001 Board meeting to provide public participation. The Board at that time should, perhaps, be prepared to act on Rerob's Aquifer Protection Permit application. He recommends the discussion be placed at end of the agenda to begin at approximately 7:30 p.m. Supervisor Thorpe stated the Board has copies of the Route 281 and 13 corridor proposal and requested that they review it for discussion at a future meeting. Supervisor Thorpe continued the Board also has copies of the plan prepared by Clough, Harbour & Associates for the proposed new Cortlandville Park, in conjuncture with the City of Cortland, located. on Starr Road. Supervisor Thorpe requested the Board members review these plans to be discussed in detail and voted at the August 1, 2001 Board meeting in order- to qualify for State grants. Councilman Testa stated sixteen acres of land for the proposed park are in the town. Nine acres belong to the city. He went on to explain the meeting held between town and city representatives regarding this proposed park. Included in that meeting was a discussion concerning the need for various types of ball fields that are lacking in the area. These are preliminary plans and will be accomplished in three or four stages. 1 1 1 JULY 18, 2001 TOWN BOARD MEETING PAGE 12 Councilman Testa made a motion, seconded by Councilman Rocco, to recess the Regular Meeting to an Executive Session to discuss potential litigation. 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. RESOLUTION #156 AWARD BID FOR CRESTWOOD COURT, GROTON AVENUE, NYS ROUTE 281 AND PAGE GREEN ROAD WATER AND SEWER IMPROVEMENT PROJECTS TO MASCIARELLI CONSTRUCTION CO. INC. IN THE AMOUNT OF $592,000.00 Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, per Resolution #119 of 2001 G. DeVincentis & Son Construction Co. Inc. were awarded the contract for Crestwood Court/Route 281/Groton Ave. Sewer and Page Green Road Water and Sewer Improvement Project in the amount of $592,000, and WHEREAS, per the contract dated June 14, 2001 G. DeVincentis and Son Construction Co. Inc. f ailed to comply with the terms of said contract and specifications to commence work on July 2, 2001, and WHEREAS, per Resolutions #131 and #141 of 2001 the Town Attorney was authorized and directed to serve notice in writing to G. DeVincentis and Son Construction Co. Inc. of their termination of said contract effective July 16, 2001, and WHEREAS, other bids were received for the June 1, 2001 bid opening from Masciarelli Construction Co. Inc., DeNinis Construction Inc. and Vacri Construction Co. Inc. for said projects, and WHEREAS, these companies have been contacted by the Town's Engineer and have declined any interest in said projects except for Masciarelli Construction Co. Inc, therefore BE IT RESOLVED, the bid as recommended by the Town Engineer is hereby awarded to Masciarelli Construction Co. Inc. of Binghamton, NY in the amount of $592,000.00. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:58 p.m. ZarenRespctfully submitted, Q. Snyder Town Clerk Town of Cortlandville