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Home My WebLink About09-16-2001SEPTEMBER 26, 2001 Z17 5:00 P.M. 1 1 M111:30148:1WA 'llI ; LOCAL LAW OF 2001 AMENDMENTS TO LOCAL LAW NO.4 OF 2001 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town Hall, 3577 Terrace Road, Cortland, New York, regarding amendments to Local Law No. 4 of 2001 which established a moratorium on development within certain areas of the Town of Cortlandville. Members present: Absent: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, John Pilato Town Clerk, Karen Q. Snyder Councilman, Ronal Rocco Others present were: Town Attorney, John Folmer 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. No comments or discussions were heard. Councilman O'Donnell made a motion, seconded by Councilman Testa, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 5:01 p.m. SEPTEMBER 26 2001 5:01 P.M. SPECIAL TOWN BOARD MEETING The Special 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 Councilman, Edwin O'Donnell Councilman, John Pilato Town Clerk, Karen Q. Snyder Absent: Councilman, Ronal Rocco Others present were: Town Attorney, John Folmer and News Reporter, Chris Nolan. Deputy Supervisor Thorpe called the meeting to order following a Public Hearing regarding amendments to Local Law No. 4 of 2001-Moratorium. Supervisor Thorpe offered privilege of the floor to Town Attorney Folmer. Attorney Folmer explained two proposed amendments to Local Law No. 4 of 2001-Moratorium. The first proposed amendment is to define the study area of the Routes 281 and 13 corridor. The area is the primary and principal Aquifer Protection District. Bounded within the town on the north by the intersection of Route 281 and Village and Town of Homer south line. Bounded on the south by the intersection of Route 13 and the Town of Virgil north line. To the east the line running north and south from the intersection of Locust Avenue and Lighthouse Hill Road running south to Pendleton Street. To the west the boundaries of the primary and principal areas of the Aquifer Protection District which is situated westerly of Routes 281 and 13. The proposed amendment is to provide for two additional exceptions to Local Law No. 4 of 2001. The first proposed exception is with respect to construction that does not increase the area utilized on August 1, 2001 and where the intent is to replace existing structures, subject to review by the appropriate Boards and agencies. Code Enforcement Officer, Bruce Weber agreed to decide, on an individual basis, as to which applications apply. The other proposed exception is with respect to a single-family residence where only an area variance is required. In response to Councilman Testa's speculative question! Attorney Folmer explained replacing a roof along the Routes 281 and 13 corridor would be allowed if the amendments are approved. To replace a building with a larger footprint would be a decision by CEO Weber. If the application applies! The three pending applications Borg-Warner, Gutchess Lumber, and Bestway Lumber received after the moratorium effective date of August 1, 2001 would be covered if the amendments were approved. The recently received Osbeck application requires a zone change. Attorney Folmer explained to Planning Board Chairman, Katherine Wickwire the Town Board was not apt to consider a zoning application until the study of Routes 281 and 13 is completed. If an emergency occurs, the Board would need to deal with that at the time. Councilman O'Donnell inquired into the consideration of the 1,000 foot westerly boundary. Attorney Folmer stated the committee of the Route 281 and 13 corridor study discussed the westerly boundary in length. The Aquifer Protection District goes beyond the 1,000 feet. Supervisor Thorpe stated at the meeting the main reason for the study was to protect the aquifer. The committee recommended the westerly boundary included the Aquifer Protection District. 1 1 SEPTEMBER 26, 2001 SPECIAL TOWN BOARD MEETING PAGE 2 RESOLUTION #191 ADOPT LOCAL LAW NO.5 OF 2001 AMENDING LOCAL LAW NO.4 OF 2001- MORATORIUM ON DEVELOPMENT ALONG ROUTES 281 AND 13 CORRIDOR Motion by Councilman O'Donnell Seconded by Councilman Testa 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 proposed amendments to Local Law No. 4 of 2001 entitled "Moratorium on Development Along Routes 281 and 13 Corridor", and 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 amendments to Local Law No. 4 of 2001, 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 amendments to said Local Law No. 4 of 2001, therefore Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1. That portion of Local Law No. 4 of 2001 which defines the Study area of the enacted moratorium is repealed and the following enacted in its place and stead: STUDY AREA -- The Study Area which is the subject of this moratorium shall include all lands within the Primary and Principal areas of the Aquifer Protection Districts of the Town of Cortlandville affected by New York State Routes 281 and 13 within an area bounded as follows: North - The intersection of NYS Route 281 and the southerly line of the Village and Town of Homer. South - The intersection of NYS Route 13 and the northerly line of the Town of Virgil. East - A line running North and South from the intersection of Locust Avenue and Lighthouse Hill running south to Pendleton Street. West - The Primary and Principal areas of the Aquifer Protection District situated Westerly of NYS Routes 281 and 13. Section 2. Section 4 of Local Law No. 4 of 2001 is repealed and the following enacted in its place and stead: Section 4. Exceptions. 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 -residentially 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 Z Z O SEPTEMBER 26, 2001 SPECIAL TOWN BOARD MEETING PAGE 3 for subdivision 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, nor shall its provisions apply to uses relating to the seasonal sale of agricultural products nor shall it affect construction which does not increase the area utilized on August 1, 2001, and where the intent is to replace existing structures, subject to review by the appropriate Boards and Agencies. Also excepted from the provisions hereof are single family residences where only an area variance is required. Section 3. This Local Law shall take effect upon filing with the Secretary of State as required by law. Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the Special Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:10 p.m. Re pectfully submitted, I aren Q. Snydei Town Clerk Town of Cortlandville 1 1 1