HomeMy WebLinkAbout01-16-2002JANUARY 16, 2002
2- 91.
PUBLIC HEARING NO. 1
AQUIFER PROTECTION PERMIT &
ZONE CHANGE
J. FERGUS, INC.
NYS ROUTE 13
TAX MAP #95.00-06-12.112
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 7,000 sq. ft. auto parts store at the site on the west
side of NYS Route 13 approximately 400 feet south of Lime Hollow Road, and a Zone
Change request to re-classify and redesignate tax map parcel #95.00-06-12.112 consisting
of 1.44 acres of land at the same location from its present zoning classification of Industrial
to Business, in the Town of Cortlandville.
Members present:
Absent:
Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, John Pilato
Town Clerk, Karen Snyder
Councilman, Ronal Rocco
Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush;
Tom Dady and James Trasher of Clough, Harbour & Associates; Paul Suits and Dick
Schutz of Suit-Kote Corporation; Attorney Mike Shafer representing J. Fergus, Inc.;
Attorney Donald Armstrong representing Robert Isherwood, County Legislator, Danny
Ross; town residents, Betty Wood, Mary Jo Park, Magdalen McCrady and Diane Potter
with other area residents; and News Reporter, Chris Nolan.
Supervisor Thorpe called the Public Hearing to order.
The Town Clerk read aloud the two published, posted and filed legal notices.
Supervisor Thorpe offered privilege of the floor to those in attendance.
Councilman O'Donnell requested clarification that these applications have been
processed by the Town and County Planning Boards. The location of the proposed
application is the Smith Corona property and is presently zoned Industrial.
Attorney Folmer stated that is correct.
Attorney Mike Shafer representing the applicant stated the County Planning Board
gave a positive recommendation stating if the applicant was not required to comply with
the town's Stormwater Management Ordinance that they comply with the spirit of the plan.
Another recommendation referred to access to the property. Attorney Shafer stated he had
contacted NYS DOT. The NYS DOT felt if there is further development of the SCWP
property that issues will arise regarding access. Attorney Shafer explained there is existing
access on Lime Hollow Road for the remaining parcel and two additional driveway cuts
south on Route 13. The sub -division of this property was accomplished 1% to 2 years ago.
There were no requirements that the two parcels provide access to the remainder of the
property. Appropriate accesses will need to be provided to the NYS DOT.
Another concern the County Planning Board had is for the applicant to secure
appropriate permits if an excess of 1,100 gallons of petroleum products to be stored on site
are not in the original packaging. Attorney Shafer stated there is no intention of storing
petroleum products on site with the exception of used petroleum products, which are
stored in a small self-contained bulk storage container and emptied off site once or twice a
week.
Attorney Shafer stated the proposed Express Mart application for property
immediately to the north was rezoned commercial. The property across from Route 13 and
north on Lime Hollow Road is also commercial. Rezoning this parcel would remain
consistent with the current development in the area.
Regarding the Aquifer Protection Permit request a SEQRA determination is needed.
Attorney Shafer explained the preliminary plans submitted to the Town Planning
Board for a site plan reduces the amount of impervious blacktop surface replacing it with
more green space. Attorney Shafer stated this project is for an Advanced Auto store.
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Councilman Testa inquired into delaying action until after the results of the Route
281 corridor study is complete.
Attorney Folmer stated a Public Hearing may be held and the SEQRA review
accomplished although action does not need to be taken right away.
Attorney Shafer stated the application from J. Fergus, Inc. is different from the
proposed Express Marl project. This project will reduce the impervious space. Traffic will
be less as compared to a convenience store or fast food restaurant. No use on this site will
have discharge into the Aquifer.
Supervisor Thorpe staled the Route 281 study will be completed soon and may
recommend rezoning sections of the Route 281 corridor.
Councilman O'Donnell agreed with Clough, Harbour & Associates idea of the
gateway into the town with more shrubs and green space. The Board should consider
proposing this to developers of future projects.
Attorney Folmer advised that the Board should remember the J. Fergus, Inc.
application is for an Aquifer Protection Permit and a zone change. It would be a mistake to
let concerns regarding Rerob, LLC.'s proposed Express Mart project influence the
decision regarding J. Fergus, Inc. applications.
Attorney Shafer stated there is no relationship between the two applicants.
No further comments or discussions were heard.
Councilman Testa made a motion, seconded by Councilman O'Donnell, to close the
Public Hearing. All voting aye, the motion was carried.
The Public Hearing was closed at 5:15 p.m.
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JANUARY 16, 2002
5:15 P.M. Z 93
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PUBLIC HEARING NO.2
HIGHLAND ROAD
SEWER IMPROVEMENT PROJECT
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 proposed
construction of improvements in the Highland Road Area of the Town of Cortlandville,
consisting of sewer line extensions, where necessary.
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; Highway Sup't., Carl Bush;
Tom Dady and James Trasher of Clough, Harbour & Associates; Paul Suits and Dick
Schutz of Suit-Kote Corporation; Attorney Mike Shafer representing J. Fergus, Inc.;
Attorney Donald Armstrong representing Robert Isherwood, County Legislator, Danny
Ross; town residents, Betty Wood, Mary Jo Park, Magdalen McCrady and Diane Potter
with other area residents; and News Reporter, Chris Nolan.
Supervisor Thorpe called the Public Hearing to order.
The Town Clerk did not read aloud the published, posted and filed legal notice.
Town Attorney Folmer presented a synopsis of the legal notice for the Highland Road
Sewer Improvement Project.
Supervisor Thorpe offered privilege of the floor to those in attendance.
Councilman Testa apprised the Board that a request has been made from the
residents of Quail Ridge Road and Westmore Lane concerning extending sewer lines in
their area.
The Board held a discussion with those in attendance regarding future scheduled
water and sewer improvement projects. At this time the schedule through the year 2004
does not include Westmore Lane or Quail Ridge Road.
Attorney Folmer explained the schedule to date included Page Green Road,
Saunders Road and Highland Road. One reason the schedule does not go beyond 2004 is
due to the $2,000,000 project for Highland Road sewer improvement will impact the
town's debt load, taxable base and debt permissibility. The Highland Road plan and
estimates were accomplished in 1999-2000.
Supervisor Thorpe apologized and recommended interested residents speak with
Town Engineer, Hayne Smith regarding when their area is to be included on the
improvement schedule.
Mary Jo Park, 4041 Westmore Lane, explained the difficulties with her septic
system and problems in the Westmore Lane area.
Attorney Folmer stated he would discuss the future schedule for sewer projects
with Engineer Smith and get back to Ms. Park.
Supervisors Thorpe stated he understands that many areas need to be corrected.
Attorney Folmer explained permission from the State Comptroller is required due to
the magnitude of the cost for this project. The application will be submitted to State
Comptroller in February following adoption of the tonight's resolution subject to a 20 day
permissive referendum. Approval should be received within six weeks after submission.
According to Engineer Smith's calendar the town should go out to bid in July and
commence the project in August.
In answer to a resident's question Attorney Folmer stated the annual cost for sewer
operation and maintenance is approximately $152.00 per household.
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No further 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 5:25 p.m.
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JANUARY 16, 2002
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The Regular Meeting of the Town Board of the Town of Cortlandville was held at
the Town Hall, 3577 Terrace Road, Cortland, New York, with Supervisor Thorpe
presiding.
Members present:
Absent:
Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, John Pilato
Town Clerk, Karen Q. Snyder
Councilman, Ronal Rocco
Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush;
Tom Dady and James Trasher of Clough, Harbour & Associates; Paul Suits and Dick
Schutz of Suit -Kate Corporation; Attorney Mike Shafer representing J. Fergus, Inc.;
Attorney Donald Armstrong representing Robert Isherwood; County Legislator, Danny
Ross; town residents, Betty Wood, Mary Jo Park, Magdalen McGrady and Diane Potter
with other area residents; and News Reporter, Chris Nolan.
Supervisor Thorpe called the meeting to order following Public Hearings for an
Aquifer Protection Permit application, Zone Change request and Highland Road Sewer
Improvement Project.
Councilman Pilato made a motion, seconded by Councilman O'Donnell, to approve
Town Board Minutes of July 11, 2001, as written. All voting aye, the motion was carried.
Councilman Pilato made a motion, seconded by Councilman O'Donnell, to approve
Town Board Minutes of August 01, 2001, as written. All voting aye, the motion was
carried.
Councilman O'Donnell made a motion, seconded by Councilman Pilato, to approve
Town Board Minutes of August 15, 2001, as written. All voting aye, the motion was
carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to approve
Town Board Minutes of September 05, 2001, as written. All voting aye, the motion was
carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to approve
Town Board Minutes of September 19, 2001, as written. All voting aye, the motion was
carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to approve
Town Board Minutes of September 26, 2001, as written. All voting aye, the motion was
carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive
and file Town Planning Board Minutes of August 28, 2001. All voting aye, the motion was
carried.
RESOLUTION #30 AUTHORIZE, PAYMENT OF VOUCHERS-JANUARY
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as
follows:
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TOWN BOARD MEETING
PAGE 2
General Fund A
General Fund B
Highway Fund DB
Water Fund
Sewer Fund
Capital Projects
Vouchers #01 - 36
01 - 04
01-19
01-13
01 -10
01 - 04
$42,271.44
$24,664.53
$20,105.04
$72,153.93
$80,231.18
$28,531.70
Supervisor Thorpe offered privilege of the floor to those in attendance.
Councilman O'Donnell apprised the Board that he audited the Town Justice books
on January 11, 2002 and found everything to be in order. The Justice has an average of
700 cases per month with the lowest being 550 cases due to September 11, 2001.
Councilman Pilato stated he audited the Supervisor books and found all to be in
order.
Councilman Testa stated he has made arrangements to audit the Highway and Water
and Sewer books soon.
Privilege of the floor was offered to Betty Wood.
Ms. Wood 2261 Blodgett Mills Road, expressed her opposition to the Board
approving the Suit-Kote Corporation Aquifer Protection Permit application regarding the
relocation of their batch mix plant from Homer to Polkville. Ms. Wood stated the
application should be denied on the basis of Cortlandville Zoning Law 178-45 referring to
restrictions and requirements. Ms. Wood read aloud the section of the Town Ordinance in
regards to prohibited uses and activities associated with industrial development. Ms.
Wood distributed a copy of this section to Attorney Folmer.
RESOLUTION #31 ACCEPT ANNUAL REPORT OF WATER AND
SEWER DEPARTMENT
Motion by Councilman Testa
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Annual Report of the Water and Sewer Department for the year
2001 is hereby accepted, and shall be received and filed.
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Annual Report of the Town Clerk for the year 2001 is hereby
accepted, and shall be received and filed.
Monthly reports for the Justice and SPCA for December 2001, are on the table for
review and filed in the Town Clerk's office.
Town Clerk, Karen Snyder distributed copies of letters from Mike and Pat Toncola,
835 Lamont Circle praising the town and expressing their understanding that the 20% tax
rate increase with the Town and County taxes is not the Town's fault. Also a letter from
Carol and John Proud, 686 Sterling Park, who expressed their pleasure of residing in the
Town of Cortlandville and the town's services.
Attorney Folmer reminded the Board of discussions regarding the transfer and
abandonment of portions of Hobart Hill Road, which was reconstructed leaving a parcel
that is not being used. Attorney Donald Armstrong is present tonight representing Robert
Isherwood. The Isherwood's property adjoins the portion of Hobart Hill Road conveyed
to the town by the original owner, Stanley Hobart. Attorney Armstrong had a survey map
prepared showing the present location of Hobart Hill Road and the parcel that is not being
utilized. The process is for the Town Highway Sup't. to declare this an abandoned
roadway under section 205-1 of the Highway Law based on the fact that it has not been
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JANUARY 16, 2002 TOWN BOARD MEETING PAGE 3
worked, used or traveled for a period of six years. Once the certificate is signed by the
Town Highway Sup't. and a majority of the Town Board it is to be filed with the Town
Clerk then later with the County Clerk. A resolution, subject to permissive referendum, will
be presented to accomplish the transfer of the roadbed back to the various owners that
adjoin the property. Councilman O'Donnell has spoken with Bernard Glazier regarding a
parcel he owns that would be landlocked following the abandonment. Conveyances will
need to be accomplished for his benefit. Highway Sup't., Carl Bush has signed the
Certificate of Abandonment and now the Board is required to sign.
RESOLUTION #33 AUTHORIZE ABANDONMENT OF A
SECTION OF HOBART HILL ROAD,
SUBJECT TO PERMISSIVE FFE ENDUM
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board and Highway Superintendent are hereby authorized
and directed to sign a certificate abandoning a section of Hobart Hill Road due to the
reconfiguration of Hobart Hill Road, and it is further
RESOLVED, this is subject to permissive referendum.
Attorney Folmer and Attorney Armstrong discussed sending notice to the property
owners involved regarding the conveyance of the roadbed. Attorney Folmer stated he
would forward notification to Attorney Armstrong on behalf of his clients and to the other
property owners involved. The conveyance should be accomplished by the first part of
March 2002.
Attorney Folmer read aloud the SEQRA review form for the J. Fergus, Inc. Aquifer
Protection Permit and Zone Change applications. He apprised the Board if anyone feels an
issue needs to be raised that will be noted for further discussion.
Councilman Testa questioned the intent of use for the land.
Attorney Folmer stated there is a zone change involved. Plans have been officially
adopted. The Board has indicated concern for what future plans are going to be and may
answer yes pending the review by the committee for the Route 281 study.
RESOLUTION #34 TABLE AQUIFER PROTECTION PERMIT APPLICATION
AND ZONE CHANGE REQUEST OF J. FERGUS, INC.
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby table the Aquifer Protection Permit
Application and Zone Change of J. Fergus, Inc. until March 6, 2002, and it is further
RESOLVED, the Town Board has no objection to the applicant to return back to
Cortlandville Planning Board with a Site Plan for further discussions.
Attorney Shafer inquired if there were any objections to the applicant continuing
discussions with the Town Planning Board regarding their Site Plan application.
As the Board had no objections, Attorney Folmer stated he would inform Code
Enforcement Officer, Bruce Weber and Planning Board Chairperson, Katherine Wickwire,
that the Board has tabled the Aquifer Protection Permit Application and Zone Change
request. The Town Board has no objections to the applicants continuing discussions with
regard to the Site Plan.
Attorney Folmer explained the Highland Road Sewer Extension project needs to be
submitted to the State Comptroller's Office subject to permissive referendum.
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RESOLUTION #35 ADOPT RESOLUTION PURSUANT TO TOWN
LAW SECTION 209-q AND SECTION 209-c
"HIGHLAND ROAD SEWER EXTENSION 2002-2003"
SUBJECT TO PERMISSIVE REFERENDUM
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, there were filed and made available for public inspection in the Office of the
Town Clerk of the Town of Cortlandville, Cortland County, New York, general plans
relating to the "Highland Road Sewer Extension-2002-2003", as required by Section 209-q
and 209-c of the Town Law; and
WHEREAS, an Order was duly adopted by the Town Board on January 02, 2002, reciting
the filing of said general plans, the construction proposed, and the estimated expense
thereof and specifying January 16, 2002 at 5:00 p.m. as the time and the Town Hall in the
Town of Cortlandville as the place where the said Board would meet to consider the
documents filed as aforesaid and to hear all persons interested in the subject thereof
concerning the same; and
WHEREAS, said Order was duly posted and published as required by law; and
WHEREAS, a hearing in the matter was duly held by the Board on the 16' day of January,
2002 commencing at 5:00 p.m. at the Town Hall in the said Town and discussion upon the
matter having been had and all persons desiring to he heard having been duly heard
including members of the Board and various other persons; and
NOW, upon the evidence given upon such hearing and upon the motion of Edwin
O'Donnell, Councilman, seconded by Theodore V. Testa, Councilman, and unanimously
passed, it is
RESOLVED AND DETERMINED, that the plans heretofore filed with the Town Clerk of
the Town of Cortlandville are in compliance with Section 209-c of the Town Law of the
State of New York and are otherwise sufficient, and that to construct the aforesaid sewer
project is in the public interest, and it is further
RESOLVED AND DETERMINED, all costs, including the principal and interest on bonds
or other obligations authorized to be issued shall be borne by the lands benefitted by such
improvement and such costs shall be assessed and levied and collected from the several
lots or parcels of land within said Town of Cortlandville in just proportion to the amount
of benefit which the improvement shall confer upon such lots or parcels in the Town of
Cortlandville outside of Villages capable of being serviced by the Article 12-2 Sewer
Improvements heretofore and hereafter provided, which are determined to be lots or
parcels benefitted by the proposed sewer improvements, which together with all the
previous improvements shall be spread upon and over the enlarged benefitted area, all of
such improvements constituting one sewer system; and
WHEREAS, it is further proposed that the costs of management, maintenance, operation
and repair to said improvement as proposed in said plans be authorized pursuant to
Section 209-q(6)(c) of the Town Law; that the improvement therein mentioned be
constructed and the service therein mentioned be provided for upon the required funds
being made available or provided for, and that such improvement be designated and
known as "Highland Road Sewer Extension Project-2002-2003", and it is further
RESOLVED AND DETERMINED, that the proposed improvement, including costs and
rights of way, construction costs, legal fees, engineering and consultant fees, and all other
expenses approximated to be a maximum of $2,000,000, shall be financed by the issuance
of bonds by the Town of Cortlandville for a maximum term of 40 years at prevailing
interest rates, and it is further
RESOLVED AND DETERMINED, that the costs of management, maintenance, operation
and repair of said improvement or services shall be a charge upon the area of the Town of
Cortlandville outside of Villages and shall be levied and collected in the same manner and
at the same time as other Town charges, provided that it is the intention of the Town Board
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JANUARY 16, 2002 TOWN BOARD MEETING PAGE 5
that such costs will be raised in the first instance from sewer rates, charges and fees upon
all lots or parcels heretofore and hearafter serviced by Town Law Article 12-C Sewer
Improvements, and it is further
RESOLVED, that the Supervisor of the Town of Cortlandville is authorized and directed
to submit an application to the Comptroller of the State of New York for approval of this
construction project as required by law and regulation; and it is further
RESOLVED, that the Town Clerk of the Town of Cortlandville shall, within 10 days after
the receipt of the approval of the Comptroller of the State of New York, as required by
law, file a certified copy of this resolution in the Cortland County Clerk's Office as
provided for by Town Law Section 209-q(6)(d), and it is further
RESOLVED, that this resolution is adopted subject to permissive referendum as required
by law.
Attorney Folmer reported:
Newman Development Group applications:
Attorney Folmer apprised the Board of receiving formal notification from the
Newman Development Group withdrawing their Aquifer Protection Permit, Zone Change
and Conditional Permit applications for property located on Route 13 tax map #105.00-01-
22.211.
Rerob, LLC.
Attorney Folmer requested James Trasher of Clough, Harbour & Associates explain
the meeting they attended with Attorney Shafer and Engineer, Chuck Feiszli regarding
Rerob, LLC.
Mr. Trasher explained that he had inquired when Rerob, LLC. was prepared to
submit a revised DEIS from the first review, as information was lacking concerning
contaminate tracking within the Aquifer. Attorney Shafer explained Rerob, LLC. would
work with Clough, Harbour & Associates regarding which software for data analysis of
contaminate tracking would be acceptable.
Attorney Folmer stated he was pleased with the discussion regarding the reasonable
studies needed to be done and why. The discussion was very productive on both sides.
G. DeVincentis and Sons Construction Co. Inc.:
Attorney Folmer apprised the Board he has the final paperwork for Supervisor
Thorpe's signature closing the file on G. DeVincentis and Sons Construction Co. Inc.
Renaissance Drainage Easements:
Attorney Folmer stated he received the final mapping for the Renaissance Drainage
Easements on January 3, 2002 from Clough, Harbour & Associates. Clough, Harbour &
Associates prepared one map of the entire project. Attorney Folmer stated two different
easements would be preferable. One for permanent use easements and a separate easement
to provide access from the road to the easement over land owned by Thomas and Louise
Gilhooey. The agreement is now drafted including all necessary property owners and
appropriate descriptions. Attorney Folmer stated he would contact the owners involved for
signatures within ten days.
Suit-Kote Corporation:
In regards to the Suit-Kote Aquifer Protection Permit application Attorney Folmer
stated he received a memorandum from Clough, Harbour & Associates regarding the Suit-
Kote Corporation SEQRA Long Environmental Assessment form. Attorney Folmer stated
the review of this form is not a public hearing, only a review between the Board and the
engineers involved. He recommended the Board postpone any action until the next Board
meeting. Attorney Folmer explained this issue deserves an opportunity for the Board to
rectify comments, if any, made to each item. Also Attorney Folmer requests a chance to
review the material submitted tonight by Ms. Wood regarding the allegations concerning
provisions of the local ordinance. Attorney Folmer requested James Trasher of Clough,
Harbour & Associates discuss the information provided by Suit-Kote.
Mr. Trasher stated Suit-Kote provided additional information for the proposed
Polkville batch mix plant. He requested Dick Schutz of the Suit-Kote Corporation explain
this information before continuing with the discussion regarding their Long Environmental
Assessment form.
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Mr. Schutz explained what information was supplied to Clough, Harbour &
Associates, which included the Aquifer Protection Permit, Site Plan applications and other
basic requirements. Also Part 2 of the Full Environmental Assessment form along with
tests completed by Buck Environmental Labs. Mr. Schutz stated the summary of data gave
an outline of what the black top plant consisted of.
Attorney Folmer stated the information Mr. Schutz is providing should be discussed
at a Public Hearing. He recommended moving on to reviewing the SEQRA form.
Mr. Trasher stated Part 1 of the Long Environmental Assessment form was
completed properly by Suit-Kote with no omissions of pertinent information and no
corrections were made. Under SEQRA requirements if any uncertainty remains to the
degree of potential impact it must be considered potentially large. In Part 2 air quality
studies of odors and odor impact were not completed. Clough, Harbour & Associates
expressed concern about the existing site and adding another site to it. The degree of
potential impact is not known. Suit -Kole has proposed correction to the Polkville site with
the addition of a new process similar to the process being used at the Homer facility.
Clough, Habour & Associates added Suit-Kote's plans for improvement of the Polkville
site to Part 2 of the review.
Councilman O'Donnell inquired that this is changing Suit-Kote's present system to
less odor and are planning to do this as part of the relocation of their Homer facility.
Mr. Trasher stated that Suit-Kote will have to do this if the Board includes the new
process as part of the SEQRA proceedings.
Councilman O'Donnell stated if the new procedure works as planned and means
less odor then it should be included in the proceedings.
Mr. Trasher stated Suit-Kote submitted a picture of a plant they visited in Ohio using
the new process. Clough, Harbour & Associates stated this type of process is capable of
reducing, not eliminating, potential odors from escaping within the area.
Attorney Folmer read aloud the Suit-Kote Corporation Long Environmental and
Clough, Habour & Associates indications. Clough, Habour & Associates expressed
concern for surface and groundwater quality. This is a small to moderate impact that could
be mitigated by Suit-Kote obtaining the proper discharge permit. Storage of petroleum
product greater than 1,100 gallon has a potentially large impact that could be mitigated by
product change. Impact on air quality emission rate will exceed 5 lbs per hour having a
small or moderate impact that cannot be mitigated by project change. Odors produced
under certain weather conditions have a potentially large impact and could be mitigated
with the installation of new equipment. Due to uncertainties because of topography and
wind in the area, this impact is potentially large.
Attorney Folmer expressed his concerns regarding the visual aspect of the area.
Supervisor Thorpe inquired of Mr. Schutz the height of the tallest proposed
structure.
Mr. Schutz stated the one silo proposed is 65 feet in height, slightly shorter than the
existing silo.
Attorney Folmer stated his concern is from an aesthetic viewpoint. Polkville should
not look like oil -city. Councilman O'Donnell expressed his concern with entering
Cortlandville from the West. One would see stores with parking lots. When one enters
from the South from Marathon you see gas stations, truck stops and above ground tanks.
Attorney Folmer continued with the long form review. Clough, Habour &
Associates found an impact regarding transportation. An increase of 20-40 extra vehicles
per hour is a small to moderate impact and could be subject to mitigation under the
Planning Board Site Plan review working with the applicant to mitigate entrance and exit
points.
Mr. Schutz stated an increase of 118 trucks to the proposed 130 would be a net
difference of 12 trucks when considering the 18 truck trips per day occurring presently to
haul stone from Polkville to Homer.
Clough Harbour & Associates found noise and odor impacts potentially large and
subject to mitigation. Odors will occur routinely with a potentially large impact that can be
mitigated by product change. Also, cumulative effects of odors from the existing plant and
the new plant under certain weather conditions are considered to be potentially large but
subject to mitigation. Clough, Harbour & Associates review indicates the public health
impact as potentially large. A risk of an explosion or in the event of an accident the release
of hazardous substances or possible chronic low-level discharge or emission could
possibly be mitigated by project change. Another aspect is the release of odors from fuel
oil stored on site as potentially large and subject to mitigation by product change. Also,
public controversy is likely due to potential environmental impact.
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JANUARY 16, 2002 TOWN BOARD MEETING PAGE 7
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Attorney Folmer requested the Board wait on taking any action to allow him time to
review and prepare Part 3 of the Long Environmental Assessment form with the assistance
of Clough, Harbour & Associates. Attorney Folmer will also review material submitted by
Ms. Wood regarding the underlying ordinance.
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
WHEREAS, the Town Board reviewed Part 1 and Part 2 of Suit-Kote Corporation Long
Environmental Assessment form, and
WHEREAS, Attorney Folmer has requested
Environmental Assessment form with toi
Associates, therefore
additional time to review Part 3 of said Long
rn retained engineers Clough, Harbour &
BE IT RESOLVED, action on Suit-Kote Corporation Aquifer Protection Permit is hereby
tabled until Attorney Folmer has completed further review of Part 3 of the Long
Environmental Assessment form.
Upon request from Mr. Trasher, Mr. Schutz agreed to furnish copies of Suit-Kote
Corporation's proposed improvements to the Polkville site to the Board.
Well Head Protection:
Attorney Folmer explained to the Board a Well Head Protection District issue was
raised. The ordinance provides certain actions were to be taken by Cortland County and
the State of New York in connection with the Federal EPA to establish those boundaries.
This was not accomplished. If it had, those boundaries would have been imposed
automatically on our zoning map. Some Well Head Districts have been established in
Cortland County. Attorney Folmer explained after speaking with the County Health
Department the Well Head Districts in place now do not have any effect on either Suit-
Kote Corporation or Rerob, LLC.'s projects as neither fall into the area of the Well Head
Protection area. Attorney Folmer wanted to inform the Board of this information in the
event that questions arise regarding this issue.
Supervisor Thorpe apprised the Board of a letter received from Edgar Honour 1582
Saunders Road regarding a request for exemption from the Cortlandville Water Benefit tax
due to inadequate water pressure. Assessor David Briggs recommended Mr. Honour be
forgiven until such time he hooks up to the town's water system.
RESOLUTION #37 AUTHORIZE EXEMPTION OF THE WATER BENEFIT
UNIT CHARGE ON PROPERTY OWNED BY EDGAR
AND HEIDI_ HONOUR_ AND ISSUE A REEUND
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, a request was received from Edgar and Heidi Honour requesting a refund of
their water benefit tax levied on their 2002 Town & County tax bill for their property at
1582 Saunders Road, and
WHEREAS, Town Assessor, David Briggs, has reviewed this request and recommended
due to inadequate water pressure the Honour's water benefit charge should be forgiven
until such time as the Honour's connect to the town water system, and it is further
RESOLVED, the Town Assessor, David Briggs is hereby authorized and directed to
remove the water benefit tax charge for parcel #96.00-01-14.120, owned by Edgar and
Heidi Honour commencing with the 2003 Town & County tax bill until such time as the
Honour's connect to the town water system, and it is further
RESOLVED, a refund in the amount of $261.32 shall be issued when the 2002 Town &
County tax bill is paid.
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JANUARY 16, 2002 TOWN BOARD MEETING PAGE 8
Councilman O'Donnell made a motion seconded by Councilman Testa, to receive
and file correspondence from Mary E. Beach, Director of the Hospice Foundation of
Cortland. All voting aye, the motion was carried.
Ms. Beach thanked the employees of the Town of Cortlandville for their Christmas
donation to Caring Community Hospice of Cortland.
RESOLUTION #38 REFER CODE VIOLATION OF TIMOTHY MACNEIL
FOR PROPERTY LOCATED AT 3811 VALLEY VIEW
DRIVE TO TOWN ATTORNEY FOR REVIEW AND
PROCEED AS REQUIRED
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the code violation of Timothy MacNeil for property located at 3811
Valley View Drive, Cortland, NY, is hereby referred to the Town Attorney for review and
direct him to proceed with compliance, as required.
Supervisor Thorpe apprised the Board of an invitation to a press conference
regarding a funding announcement by Congressman James Walsh for the Tioughnioga
River Trail. The conference is to be held Friday, January 18, 2002 at 10:00 a.m. to be held
at the Holiday Inn Cortland.
Councilman O'Donnell stated a public information session will be held Wednesday,
January 23, 2002 from 7:00 p.m. to 9:00 p.m., regarding the Tioughnioga River Trail.
Councilman Testa made a motion seconded by Councilman Pilato, to receive and
file correspondence from Councilman O'Donnell to Reverend Terry Major. All voting aye,
the motion was carried.
Councilman O'Donnell correspondence is requesting the use of Blodgett Mills
Independent Baptist Church meeting room for a Town Board meeting on June 05, 2002
from 6:30 p.m. to 9:00 p.m.
Councilman Testa made a motion seconded by Councilman Pilato, to receive and
file correspondence from Councihnan O'Donnell to Trevor Bilodeau of the Village of
McGraw. All voting aye, the motion was carried.
Councilman O'Donnell correspondence is requesting the use of McGraw
Community Center meeting room for a Town Board meeting on May 01, 2002 from 6:30
P.M. to 9:00 P.M.
Councilman O'Donnell made a motion seconded by Councilman Testa, to receive
and file correspondence from Newman Development Group to Attorney John Folmer. All
voting aye, the motion was carried.
The Newman Development Group's correspondence apprised Attorney Folmer of
the withdrawal for their Zone Change, Aquifer Protection Permit and Conditional Permit
applications for tax map #105.00-01-22.211.
RESOLUTION #39 AUTHORIZE CHANGE ORDER NO.4
FOR THE NEW MUNICIPAL BUILDING
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, Change Order No. 4 has been submitted by the Town Water and Sewer
Superintendent for the New Municipal Building, therefore
BE IT RESOLVED, the Town Board does hereby approve Change Order No. 4 in the
amount of $7,738.50 for an epoxy covering for garage floor, and it is further
RESOLVED, the contract with James & Son Construction Co., Inc. is hereby amended.
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JANUARY 16, 2002 TOWN BOARD MEETING PAGE 9
303
James Trasher apprised the Board of the traffic study Clough, Harbour &
Associates is completing for the intersection of Route 13, Starr Road and McLean Road.
Their traffic engineer is doing traffic counts and has contacted the DMV, NYS Police
Department and Cortland County Sheriff Department for accident records. Next Tuesday
Clough, Harbour & Associates senior traffic engineer will meet with Barry Stevens from
the NYS DOT to discuss the intersection regarding left hand turn signals. Clough, Harbour
& Associates should have a report for the Board by the next meeting on February 6, 2002.
Councilman O'Donnell welcomed newly elected Cortland Legislator Danny Ross to
the Town Board meeting.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn
the Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 6:20 p.m.
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Respectfully submitted,
Karen Q. Snyder
Town Clerk
Town of Cortlandville