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HomeMy WebLinkAbout04-15-1998APRIL 15, 1998 6:00 P.M. 2 1_ 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. 222 APRIL 15, 1998 PUBLIC HEARING PAGE 2 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. 1 1 APRIL 15, 1998 5:00 P.M. 22 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. 22 4 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 1 1 r� 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. 22 6 APRIL 15, 1998 TOWN BOARD MEETING PAGE 4 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 11 1