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Home My WebLink About02-03-199916 FEBRUARY 03, 1999 PUBLIC HEARING 7:00 P.M. ZONE CHANGE REQUEST AMANDA SHAW/BARRY LATTA, SR. (SENECA AUTOMATIC DOOR CO.) RICHARD HARRIS, PROPERTY OWER LUKER ROAD TAX MAP #95.00-05-5.100 A Public Hearing was held by Town Board of the Town of Cort.landville at the Torun Hall, 3577 Terrace Road, Cortland, New York, concerning a Zone Change for an eight acre parcel on Luker Road from Residential to Business. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa. Councilman, Edwin O'Donnell Councilman, John Pilato Town Clerk, Pauline Parker Absent: Councilman, Ronal Rocco Other's present were: Town Attorney, John Folmer; Highway Supt, Carl Bush; Amanda Shaw of Attorneys Riehlman Shafer & Shafer; Richard Schutz of Suit -Kate Corp.; and Town Residents, Vic and Sandy Panzanella of Yellow Lantern Campground. Supervisor Thorpe called the Public Hearing to order. The Town Clerk read aloud the Legal Notice, as posted and filed. Super -visor Thorpe offered those in attendance privilege of the floor. Amanda Shaw from the law offices of Riehlman Shafer & Shafer, representing Barry Latta Sr. of Seneca Automatic Door Co, introduced herself and explained the Zone Change request. The original Zone Change application, was for the entire 14 acre parcel, with road frontage on both, Luker Road and Fairview Dr., was denied by the County Planning Board. They suggested other options to consider, as the business was to be located on Luker Road. After further evaluation by Mr. Latta, he wishes to subdivide the parcel. The Zone Change application has been revised to effect only 8 acres of the parcel, located on Luker Road, from R-1 to Business, and the remaining acreage to remain Residential. This was presented to the Town Planning Board and have recommended the Zone Change. They are scheduled to appear before the Town Planning Board on February 23rd to discuss the subdivision, and submit a formal Site Plan, pending the Zone Change approval on Luker Road, by this Board. Councilman Testa inquired why the purchase of the 14 acres was necessary if only eight acres are being used. Ms. Shaw explained her client has a purchase offer for the entire 14 acres, which is what is being sold. She further explained the layout of the parcel. Attorney Folmer stated the County Planning Board has reviewed the revised application, and has set forth conditions that appear to apply more with the site plan application. The Town Planning Board recommended the approval of the eight acre parcel zone change from Residential to Business, requesting Amanda Shaw to appear before them for a site plan review, after the decision is made for a Zone Change. 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 7:10 p.m. 1 E 1 FEBRUARY 3, 1999 TOWN BOARD MEETING 7:00 P.M. 17 1 1 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, Jahn Pilato Town Clerk, Pauline Parker Councilman, Ronal Rocco Other's present were: Town Attorney, John Folmer; Highway Supt, Carl Bush; Amanda Shaw of Attorney Riehlman Shafer & Shafer; Richard Schutz of Suit -Kate Corp.; and Town Residents, Vic and Sandy Panzanella of Yellow Lantern Campground. Supervisor Thorpe called the meeting to order following a Public Hearing for a Zone Change. RESOLUTION #30 AUTHORIZE PAYMENT OF VOUCHERS FEBRUARY Motion by Councilman O'Donnell Seconded by Councilman Pilato 'MOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #36 - 56 $ 7,387.05 General Fund. B 10 - 14 $ 4,683.20 Highway Fund DB 32 - 52 $21,597.65 Water Fund. 18 - 24 $59,472.77 Sewer Fund 10 - 12 $84,917.92 Capital Projects 2 $ 850.00 Supervisor Thorpe offered privilege of the floor to those in attendance. Sandy Panzanella made a request, on the behalf of her attorney, to have the Public Hearing for Suit-Kate's Zone Change delayed for two weeks because of his court schedule. Attorney Folmer reported that he had talked by phone with Attorney McQuerry this afternoon regarding his scheduling problems. He advised him that he would discuss this with the Board and inform him tomorrow when the Public Hearing would be scheduled. This would alloys him two weeks to accomplish any necessary changes to his schedule, which was acceptable to him. Board Members stated the Public Hearing could be scheduled to occur after the Regular Board Meeting to accommodate many people dealing with work schedules. Monthly reports for the month of January 1999 for the Town Clerk and the Tax Collector are on the table for review and filed in the Town Clerk's office. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file a letter dated January 19, 1999 from Jackie L. Brown. All voting aye, the motion was carried. The letter was in apposition to a proposed sewer line in the Collegeview area. i FEBRUARY 03, 1999 TOWIq BOARD MEETING PAGE 2 Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file a letter dated January 23, 1999 from Susan L. Slatterly. All voting aye, the motion was carried.. The letter was in opposition to a Proposed sewer line in the Collegeview area. RESOLUTION #31 DECLARE NEGATIVE IMPACT FOR ZONE CHANGE REQUEST FOR AMANDA SHAWBARRY LATTA (SENECA AUTOMATIC DOOR CO.) FOR - PROPERTY LOCATED ON LIUKER ROAD Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, a Zone Change request was submitted by Amanda Shaw for Barry Latta. (Seneca Automatic Door Co.) wanting to purchase property located on Luker Road owned by Richard Harris, and 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 Zone Change request, shall have no significant environmental impact. RESOLUTION #32 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION FOR ZONE CHANGE RE -QUEST Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supersrisor is hereby authorized and directed to sign the SEQRA application relating to a Zone Change request, submitted by Amanda Shaw/Barry Latta (Seneca Automatic Door Co.) RESOLUTION #33 ADOPT LOCAL LAW NO. 1 OF 1999 APPROVING A ZONE CHANGE ON LUKER ROAD REQUESTED BY AMANDA SHAWBARRY LATTA (SENECA DOOR CO.) PROPERTY OWNED BY RICHARD HARRIS Motion by Councilman Rocco Seconded by Councilman O'Donnell MOTES: ALL AYE ADOPTED VffiEREAS, an application for a Zane Change from the present R-1 Zone to Business, was submitted. by Amanda Shaw/Barry Latta (Seneca. Automatic Door Co.), for an eight acre parcel of land on Luker Road, Cortland, NY, said property currently owned by Richard Harris, and �%EEREAS, the County Planning Board and the Cortlandville Town Planning Board have reviewed and recommended approval of such request, therefore BE IT ENACTED, by the Town Board of the Town of Cortlandville as fo11Ows : SECTION 1. The Zoning Map of the Town of Cortlandville is amended to reclassify the premises hereinafter described from and R-1 Classification to a Business Classification. SECTION 2. This Local Lava shall be effective upon filing with the office of the Secretary of state of the State of New York, as provided by Law. SECTION 3. The premises reclassified hereby are described FEBRUARY 03, 1999 TOVAq BOARD MEETING PAGE 3 19 in Schedule A annexed hereto: ALL THAT TRACT OR PARCEL OF LAND, situated in the Town of Cortlandville, Cortland County, New York, being bounded and described as follows: BEGINNING at a point in the centerline of Luker Road, said point being located a distance of 1467.85 feet northeasterly, as measured along the said centerline of Luker Road from the intersection of said centerline of Luker Road with the centerline of McLean Roan; thence S 87 19' 37"W a distance of 80.48 feet to a point marked by set new rod/cap set in the northerly line of lands of Davis (RO, Book 366, Page 712); thence N 28 32'54"W a distance of 33.92 feet to a. point; thence N 50 29' 33"W a distance of 85.66 feet to a point; thence N 53 21' 26 "W a. distance of 90.61 feet to a. point; thence N 61 13' 42 "W a distance of 88.70 feet to a point; thence N 67 39' 50—W a distance of 93.37 feet to a point; the N 29 07' 46" E a distance of 584.76 feet to a point marked by a set new rod/cap set in the southerly line of lands of Cortland County Airport - Chase Field (RO, Book 299, Page 761); thence N 87 15' 24" E along the southerly line of lands of said Cortland County Airport - Chase Field and lands of Bestway (RO, Book 546, Page 051) a total distance of 656.60 feet to a point in the centerline of said Luker Road; thence S 35 37' 10—W along the centerline of said Luker Road a distance of 928.73 feet to a point, said point being the point and place of beginning, containing 8.048 acres of land. News Reporter, Angela Leddy arrived. Councilman O'Donnell, made a motion, seconded by Councilman Pilato, to receive and file a letter from Joyce M. Burk, advising of her intent to renew her liquor license at Bear's Place, 3303 Route 11, McGraw, New York. All voting aye, the motion oras carried. Attorney Folmer reported: Cortland Estates Trailer Park: Certiorari tax proceeding pending for the trailer park, located on Route 13. They have now filed a trial notation, which should be resolved soon. A Notice of Claim was filed against the Town concerning a one -car accident an NYS Route 13. The insurance company responded with a letter of denial as Route 13 is a State Route and not the Town's responsibility. Neither he nor the Town Clerk has heard anything further. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file a Public Hearing Notice from the Cortland County IDA. All voting aye, the motion was carried. The notice advised a Public Hearing will be held by them on February 25, 1999 at 10:00 A.M. at the Cortland City Hall in the Mayor's Conference Room, for their proposed financial assistance project for Buckbee-Mears. RESOLUTION #34 AUTHORIZE EXTENSION OF TIME FOR TAX COLLECTION TO J[ NE 1 1999 Motion by Councilman O'Donnell Seconded by Councilman Testa 'MOTES: ALL AYE ADOPTED BE IT RESOLVED, the supervisor is hereby authorized and directed to sign and forward a request for an extension of the tax collection program until June 1, 1999 to the Cortland County Treasurer, in compliance with Section 938 of the Real Property Tax Law. 13 FEBRUARY 03, 1999 TOWN BOARD MEETING PAGE 4 RESOLUTION #35 AUTHORIZE HIGHRAY SUPT. TO PURCHASE A LOADER FROM STATE BID LIST Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Highway Suet, Carl Bush, to purchase a loader from the State Bid list, not to exceed $95,100.00, to replace the 1986 Cat Loader, as budgeted. RESOLUTION #36 SCHEDULE A PUBLIC HEARING FOR A ZONE CHANGE REQUEST SUBMITTED BY SUIT-KOTE CORP ON FEBRUARY 17 1999 Motion by Councilman O'Donnell Seconded by Councilman Pilato ;,COTES: ALL AYE ADOPTED BE IT RESOLVED, a Public: Hearing shall be scheduled for February 17, 1999 at 5:30 p.m. for the Zane Change request submitted by Suit -Kate Corp. 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 7:25 p.m. Resp ctfully omit ed, Pauline H. Parker, CMC Town Clerk Town of Cortlandvi l le 1 11