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