HomeMy WebLinkAbout04-15-1998APRIL 15, 1998 6:00 P.M. 2
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PUBLIC HEARING
ZONE CHANGE REQUEST
SUIT-KOTE CORPORATION
LORING CROSSINGS
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 Zone Change request of Suit-Kote
Corporation at their Loring Crossings location.
Members present: Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Councilman, John Pilato
Town Clerk, Pauline Parker
Others present were: Town Attorney, John Folmer; Highway
Supt, Carl Bush; Town CEO, Bruce Weber; representing Suit -Corp.
were: Attorney, Kevin Bernstein; Paul Suits, Richard Schutz,
and Tom Dadey; News reporters, Jennifer Koch -Cortland Standard,
Eric Reinhardt-WXHC Radio, and many Town Residents named on the
sign in sheet, which shall be included with these minutes.
Supervisor Thorpe called the Public Hearing to order.
The Town Clerk read aloud the Legal Notice, as posted and
filed.
Attorney Folmer stated, for the record of this hearing,
the letters received from Attorney Bernstein'dated April 13,
1998 and a letter from Margaret Vail Anderson dated April 7,
1998, both relating to Suit-Kote's Zone Change request, and
distributed a copy of each to the Town Board, shall be made a
part of the record of this Public Hearing.
Supervisor Thorpe offered privilege of the floor to
Attorney Bernstein.
Attorney Bernstein, representing Suit-Kote, explained the
proposed zone change request and referred to his letter of
April 13, 1998, which explains the history of, the use of,
their Lorings Crossing Parcels, and their request of the change
of zoning.
The Cortland County Planning Board as well as the Town
Planning Board expressed in their denial the issue of spot
zoning. At this time, there was no physical alteration to the
property proposed, nor a hardship given. He further explained
the proposed zone change request and reminded everyone that
future approval would be required from all involved Boards if
they desired another project. The only change would be that
they would not be required to appear before the Zoning Board of
Appeals, and prove hardship for a Use Variance, for a non-
conforming use.
Further explanation of their application was given.
Supervisor Thorpe offered privilege of the floor to those
in attendance for questions.
Many area residents stated their concerns and asked
questions of Attorney Bernstein.
Town Board members, giving different examples, asked
Attorney Bernstein his response to the fact that zone changes
have not been granted for other applicants of the Town that
didn't have a specific project in mind.
Attorney Bernstein replied that this kind of request is
made and granted by other Boards all the time. They are asked
to address issues related to rezoning and not related to
whether or not a project is proposed along with the request.
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Supervisor Thorpe asked if he agreed that it is the
prerogative of the Board to consider rezoning on the basis of
what the proposed use of the land would be.
Attorney Bernstein did agree and went on to say that the
SEQRA handbook, within the SEQRA context, states that rezoning
can occur without a specific project.
Concerns and questions from residents continued.
To clear up some confusion, Attorney Folmer explained that
at the present Suit-Kote has to come before three Boards for
approval of a project. Granting this zone change would
eliminate the Zoning Board of Appeals, leaving approval by the
Planning Board and Town Board. Suit-Kote is not trying to
eliminate all administrative procedures, but reduce them to
two.
Councilman Rocco 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 6:45 p.m.
The tape of this hearing shall be kept within this file.
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APRIL 15, 1998
5:00 P.M.
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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
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Councilman, John Pilato
Town Clerk, Pauline Parker
Others present were: Town Attorney, John Folmer; Highway
Supt., Carl Bush; Keyboard Specialist, Patty O'Mara; Thomas
Dadey of Suit-Kote; Town Residents, Mr. & Mrs. Vic Panzanella
and Mr. & Mrs. James Clark; News Reporters, Jennifer Koch -
Cortland Standard and Eric Reinhardt-WkHC Radio.
Supervisor Thorpe called the meeting to order.
Councilman O'Donnell made a motion, seconded by Councilman
Testa, to approve the Town Board Minutes of March 04, 1998.
All voting aye, the motion was carried.
Councilman Pilato made a motion, seconded by Councilman
Rocco, to receive and file the Planning Board Meetings of
February 24, 1998. All voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman
Pilato, to receive and file the Zoning Board of Appeals Minutes
of February 24, 1998. All voting aye, the motion was carried.
RESOLUTION #82 AUTHORIZE PAYMENT OF VOUCHERS
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:
General Fund
A
Vouchers #156 -
174
$10,143.14
General Fund
B
32
- 34
$ 3,810.35
Highway Fund
DA
01
$ 1,980.00
Highway Fund
DB
125
- 145
$40,315.30
Water Fund
94
- 107
$ 3,263.24
Sewer Fund
66
- 72
$ 3,717.65
Supervisor Thorpe offered privilege of the floor to those
in attendance.
Councilman O'Donnell reminded the Board of the next
meeting to be held at the McGraw Community Building on May 6,
1998.
Also the June 3, 1998 meeting will be held at the
Methodist Church in Blodgett Mills.
The Monthly reports for the month of March, 1998 for the
Supervisor, the Justice, the SPCA, and the second quarterly
report for the Water and Sewer Dept, are on the table for
review and filed in the Town Clerk's office.
Supervisor Thorpe commented that the Water Dept. reported
only a 16% discrepancy between the totals of all the meters and
the main meter, which is an improvement.
Highway Supt, Carl Bush, reported they have replaced worn
out meters, checked for leaks and have continued to have lower
reporting of a loss.
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APRIL 15, 1998 TOWN BOARD MEETING PAGE 2
Councilman O'Donnell made a motion, seconded by Councilman
Rocco, to receive and file a letter dated April 7, 1998 to
Supervisor Thorpe from Gordon Reimels of the NYS DOT. All
voting aye, the motion was carried.
The letter was to inform the Board that they will be
spraying herbicides for weed control around guide rails on
State highways within Cortlandville, in April.
Councilman O'Donnell made a motion, seconded by Councilman
Rocco, to receive and file a letter dated April 7, 1998 to the
Town Board and the Planning Board from Margaret Vail Anderson.
All voting aye, the motion was carried.
The letter was in reference to Suit-Kote's Zone Change
request and included an article about an asphalt company in
Boston, MA, dated November 23, 1997. The letter will also be
a part of the Public Hearing to be held tonight.
Councilman Rocco received a call from a resident concerned
about Dr. Ambr.ose's intention of putting a High -Tech project on
his extension at the medical development.
Supervisor Thorpe stated that this will have to be dealt
with in the future.
Councilman O'Donnell made a motion, seconded by Councilman
Pilato, to receive and file a letter dated April 3, 1998 from
Express Mart Inc. advising of their intent to renew their
liquor license at their Route 11, McGraw, N.Y. location. All
voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman
Pilato, to receive and file a letter dated April 3, 1998 from
Express Mart, Inc. advising of their intent to renew their
liquor license at their 3609 NYS Route 281, Cortland, N.Y.
location. All voting aye, the motion was carried.
RESOLUTION #83 AUTHORIZE THE CORTLAND CITY SCHOOL DISTRICT
USE OF THE VOTING MACHINE AND MEETING ROOM
TO CONDUCT THEIR ANNUAL SCHOOL BOARD
ELECTION AND BUDGET VOTE ON MAY 19 1998
Motion by Councilman Rocco
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the
Cortland City School District, use of the Town voting machine
and the meeting room, to conduct their annual School board
Elections and Budget vote on May 19, 1998.
Attorney Folmer reported:
Proposed Local Law's: Mowing of grass and operation of
Four-wheel vehicles.
He will present a draft of these ordinances at the next
Board meeting, as he does not want to wait until the new code
book is finalized.
RESOLUTION #84 AUTHORIZE THE MCGRAW SCHOOL DISTRICT
USE OF THE VOTING MACHINE TO CONDUCT
THEIR ANNUAL ELECTION AND BUDGET VOTE
ON MAY 19. 1998
Motion by Councilman Pilato
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
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BE IT RESOLVED, the Town Board does hereby authorize the McGraw
School District use of the Town voting machine to conduct their
annual Budget vote on May 19, 1998.
APRIL 15, 1998 TOWN BOARD MEETING PAGE 3
225
Supervisor Thorpe read a letter dated March 27, 1998 from
Charles Proctor, Board Chairman of Fingerlakes Adventist
School, in regards to easements and future water and sewer
benefit unit charge relating to their property on Fisher Ave.
Supervisor Thorpe stated that it has been the policy of
the Board not to waive the water and sewer benefit charge for
any organization, regardless of non-profit status, but we have
reduced the charge to one unit because of excess road frontage.
Supervisor Thorpe questioned the implication in the letter
that unless the Board grants their request, they won't give
permission for an easement. That will be left up to Council to
decide, if necessary.
RESOLUTION #85 DENY EXEMPTION REQUEST OF WATER AND
SEWER BENEFIT UNIT CHARGE FOR THE
FINGERLAKES ADVENTIST SCHOOL AT
1302 FISHER AVE
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, a request was received from Charles Proctor, Board
Chairman of the Fingerlakes Adventist School, concerning the
future water and sewer benefit unit charge on their Fisher Ave.
property, Parcel #76.19-01-29.000 and
WHEREAS, such request was reviewed by the Town Board, and
determined that the water and sewer benefit unit charge cannot
be made exempt for any non-profit organization, therefore
BE IT RESOLVED, the Town Board does hereby deny the request for
exemption of the water and sewer benefit unit charge, as
requested, for the Fingerlakes Adventist School at 1302 Fisher
Ave, Parcel #76.19-01-29.000 and further
RESOLVED, the future water and sewer benefit unit charge shall
be set at one unit, when the projects are completed, and
further
RESOLVED, the Supervisor shall notify them by letter explaining
the process.
RESOLUTION #86 DECLINE AWARDING OF BID FOR A NEW PICK-UP
TRUCK FOR HIGHWAY DEPARTMENT
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
WHEREAS, bids were advertised for a new 1998 pick-up truck for
the Highway Department, and
WHEREAS, sealed bids were opened on April 13, 1998 at 3:00
p.m. and provided to Highway Superintendent, Carl Bush, for
review, as follows:
NorthTown Dodge $23,867.00
2020 Niagara Falls Blvd.
Tonawanda, N.Y. 14150
Cortland Chrysler Left Blank
3878 West Road
Cortland, N.Y. 13045
THEREFORE, BE IT RESOLVED, upon recommendation by the Highway
Supt, the bid will not be awarded, as he has been informed that
it is an unseasonal time of the year for dealers, and further
RESOLVED, the Highway Supt. is hereby authorized to purchase a
new pick-up truck from the State Bid List later when it becomes
available.
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Councilman Pilato made a motion, seconded by Councilman
Testa, to recess the Regular Meeting and convene to an
Executive Session to discuss three pending matters being
litigated for certiorari proceedings. All voting aye, the
motion was carried.
The Meeting was recessed at 5:18 p.m. and Town Board
Members returned at 6:00 p.m.
Councilman Testa made a motion, seconded by Councilman
O'Donnell, to adjourn the Executive Session and go to a Public
Hearing. All voting aye, the motion was carried.
TOWN BOARD MEETING CONTINUED
FOLLOWING THE PUBLIC HEARING
Councilman Testa made a motion, seconded by Councilman
Rocco, to reconvene the Regular Meeting. All voting aye, the
motion was carried.
Attorney Folmer stated the purpose of the Executive
Session was for a discussion of the negotiations for the three
pending litigations.
Supervisor Thorpe asked the Board Members if they were
prepared to take an action concerning the Zone Change request
of Suit-Kote, and opened the floor for discussion.
Councilman Rocco expressed appreciation of the work done
by, the Town's Zoning Board and Planning Board and commended
Chairperson Kathy Wickwire's time and effort.
He went on to say that he concurs with these Boards in
regards to Suit-Kote's Zone Change request and feels that this
will not create any undo hardship for Suit-Kote and as they
have not specified any plans, moves to deny Suit-Kote's Zone
Change request.
Councilman Testa stated as Suit-Kote has no specific
plans, the Town Board is staying consistent with what they have
done in the past, and is opposed to this change.
Councilman O'Donnell stated that only one corporation
would benefit and it would not benefit the area. The
anticipated purchases of nearby parcels would also remain in
the business zone, which is in accordance with the Town and
County's Land Use, and would not vote to approve this request.
Councilman Pilato stated that he understood their
reasoning to expedite their approval process, however,
sometimes it needs to move slower when dealing with our
environment, and would vote against this.
RESOLUTION #87 DENY ZONE CHANGE REQUEST OF SUIT-KOTE INC.
REGARDING THEIR PROPERTY LOCATED AT OR NEAR
LORINGS CROSSINGS ROAD IN THE TOWN
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, the Cortland County Planning Board and the Town of
Cortlandville Planning Board have reviewed the request of Suit-
Kote, Inc., for rezoning of certain real property located in
the Town; and
WHEREAS, the Cortland County Planning Board has returned the
said request to the Town for local determination; and
APRIL 15, 1998 TOWN BOARD MEETING PAGE 5 7 2 7
WHEREAS, the Town of Cortlandville Planning Board has
recommended that the request be denied as the business
currently operates there and no specific reason was given, and
no hardship was proven to change the zoning; and
WHEREAS, a Public Hearing was conducted by the Town Board on
April 15, 1998 relating to said request, therefore
BE IT RESOLVED the request of Suit-Kote Inc. for rezoning of
the property identified in the Notice of the aforesaid Public
Hearing is hereby denied as it does not appear to be related to
a proposed specific use and is not in conformity with the
Master Plan and Comprehensive Plan for the area in question.
Councilman Testa made a motion, seconded by Councilman
Rocco, to adjourn the Regular Meeting. All voting aye, the
motion was carried.
The Meeting was adjourned at 6:55 p.m.
.Resp ctfull sub itted,
Pauline H. Parker, CMC
Town Clerk
Town of Cortlandville
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