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HomeMy WebLinkAbout02-17-1999FEBRUARY 17, 1999 TOWN BOARD MEETING PAGE 3 23 BE IT RESOLVED. the bid, as recommended by the Water and Sewer Supt, is hereby awarded to Monroe Tractor, (7300 Eastman Road, N. Syracuse, NY) for one new Sewer Cleaner Body, in the amount of $111,987.00, with no options, as they were the only bid to meet the required specifications. RESOLUTION #40 ALTTHORIZE EXTENSION OF TIME FOR THE 1998 ,aJOIAL REPORT OF THE SUPERVISOR Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to apply for an additional 60 day extension to submit his annual report to the State Comptroller for the year 1998. RESOLUTION #41 REFER AQUIFER PERMIT APPLICATION OF ROY STP.NL E Y , I NC . TO THE TOWN AND COUNTY PLANNING BOARDS FOR THEIR REVIEW P1JD RECOMMENDATIONS Motion by Councilman Testa Seconded by Councilman P i 1 ato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Special Permit application for Roar Stanley Inc. for property owner S.J.M. Entertainment Corp., for the construction of a 74' by 67' addition to the Plaza. Theater, shall be referred to the Town and County Planning Boards for their review and recommendations. Supervisor Thorpe apprised the Board of receiving information concerning direct payroll deposit. There is a. minimum number of employees needed to participate. We will need further information before any decision can be made. It was also reported that we are waiting to near from the Credit Union concerning the Town's application of participation in their program. No action was taken. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to recess the Regular Meeting to an Executive Session to discuss a personnel matter. All ;noting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the Executive Session and convene to the Regular Meeting. All voting aye, the motion was carried. RESOLUTION #42 AT.7THORIZE HIRING GINA NOURSE AS TEMPORARY BOOKKEEPER Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the hiring of Gina. Nourse, 3443 Kellogg Road, Cortland, I,4Y, as temporary bookkeeper for the Town until the Town Bookkeeper returns from sick leave, and further RESOLVED, she shall be paid $10.00 per hour, by voucher, subject to audit by the Town Board. G 4 FEBRUARY 17, 1999 TOWN BOARD MEETING PAGE 4 Councilman Testa made a. motion, seconded by Councilman O'Donnell, to adjourn the Regular Meeting to conduct a Public Hearing for Suit -Kate Corp.'s Zone Change request. All voting aye, the motion was carried. CC'NTINUATION OF REGULAR MEETING FOLLOWING A PUBLIC HEARING FOR A ZONE CHANGE REQI.IEST OF SUIT-KOTE CORP. Councilman John Pilato was excusers at 7:10 p.m., during the Public Hearing to attend another scheduled meeting. The Town Board prepared to review the Full Environmental Assessment Form submitted by Suit -Dote Corp., as required. Attorney Folmer requested Attorneys Bernstein and McQuerry to interject, if necessary, during this review process. Following the SEQRA review process, Attorney Folmer informed those in attendance of his recommendations of procedures. This should be returned to the Planning Board for their review and input. Historically this Board has never taken action on a zone change without their recommendation, and this precedent should be followed. He reviewed and explained the action taken by the Town Planning Board. They received applications from Suit Kote Corp. for a Rezone, a Site Review and an Aquifer Protection Permit. At their meeting of December 29, 1990, they tabled any action on these applications until such time as the SEQRA determination was made. Since that time the Town Board was named as Lead Agency for SEQRA. Also, there have been issues raised this evening that have to do with Planning issues. What effect this zone change might have with the area in the future should be reviewed by them, and make a decision. Tonight we have received only information by the applicant. A combination of the representation of the applicant and any conditions that might be set forth by the Planning Board would be of interest to this board. After review of the materials and cases, you can indicate that the conditions that have been recommended by the County Planning Board, if implemented and approved by the Town Planning Board, will mitigate the conditions that you have identified here as being of either small or large potential impact. The Town Board has the legislative authority to change this ordinance. It is the Planning Board who are your "experts" in the planning process. A discussion was held with Board members and those in attendance relating to this, whereby Attorney Folmer will inform the Planning Board of the status, which would not require them to conduct another public hearing scenario. RESOLUTION #43 DECLARE NEGATIVE DECLARATION FOR APPLICATION OF SUIT-KOTE CORP. REGARDING THEIR PROPERTY LOCATED AT LORING CROSSING Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a Zone Change request was submitted by Suit -Kate Corp. for their property located at Loring Crossing, and WHEREAS, the Town Board, declared Lead Agency, per Resolution #27 of 1999, has duly reviewed and completed the Long Environmental Assessment Form, in accordance with SEQRA. therefore BE IT RESOLVED, the Town Board does hereby declare the proposed Zone Change request, shall have no significant environmental impact. FEBRUARY 17, 1999 TOWN BOARD MEETING 5:00 P.M. 21 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; `dater and Sewer Supt , Peter Alteri ; CEO, Bruce Weber; Keyboard Specialist, Patty O'Mara; Attorney, Kevin Bernstein with Paul Suits, Frank Suits Jr. and Dick Schutz of Suit -Kate; Attorney, Mark McQuerry with tic and Sandy Panzanella of Yellow Lantern Campgounds, Anne Jackson of Monroe Trucking; News Reporters, Rick Archer of the Cortland Standard and Eric Reinhart from sr IC radio, and many area residents named on the sign in sheet. Supervisor Thorpe called the meeting to order. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to approve the Town Board Minutes of January 6, 1999, as written. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file the Planning Board Minutes of December 29, 1998. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file Zoning Board of Appeals Minutes of December 29, 1998. All voting aye, the motion was carried. RESOLUTION #37 AUTHORIZE PAYMENT OF ;,TOUCHERS FEBRUARY Motion by Councilman Rocco Seconded by Councilman Testa ;NOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Touchers #57 - 76 $ 10,391.18 General Fund B 15 - 16 $ 219.23 Highway Fund DB 53 - 72 $ 16,523.37 Water Fund 25 - 38 $ 43,779.01 Sewer Fund 13 - 26 $115,583.22 Capital Projects 3 $ 33,005.70 Supervisor Thorpe offered privilege of the floor to those in attendance. Jamie Brown and Sheryl Albro from the oman's Softball League stated they have had a. number of successful fund raisers and wanted to give something back to the community. They presented three sets of new bases to be used at the ball diamonds at Cortlandville parks. The Board expressed their appreciation. Monthly reports, for the Supervisor for the month of December 1998, the Justice and the SPCA for the month of January 1999, are on the table for review and filed in the Town Clerk's office. 22 FEBRUARY 17, 1999 TOWN BOARD MEETING Attorney Folme_r reported: PAGE 2 Trailer Park Permits: There is an established permit process whereby trailer parks in the Town make an initial application, followed by an annual permit renewal. The purpose of the renewal is to provide information of any changes that have occurred. A tax certiorari proceeding is pending, involving one of the mobile home parks. Upon reviewing the records, the parks have not been complying with this and no enforcement has been taken. He reminded Board members that the Town's Zoning Law is enforced by complaint form. Mrs. Parker had advised Town Officials in the past of this situation. He suggested the Board consider adopting a resolution allowing for an amnesty situation whereby all trailer parks would be notified and allowed time to file a current application. He offered to inform them of such. A discussion followed concerning this. RESOLUTION #38 DECLARE AN AMNESTY PERIOD TO MAY 1, 1999 FOR THE TOWN'S TRAILER PARKS TO FILE A CURRENT Zs TMT[JAL PERMTT RENEWAL AS REOUT RFD Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, compliance and enforcement of trailer park's renewal permit has not been accomplished, and WHEREAS, the Town Attorney has recommended an amnesty procedure to bring these permits current, therefore BE IT RESOLVED, the Board does hereby declare an amnesty period for the trailer parks in the Town of Cortlandville to comply with filing of an annual permit renewal by May 1, 1999, and further RESOLVED, the Board does hereby authorize and direct the Town Attorney to inform the trailer parks in the Town of Cortlandville to comply with filing of an annual permit renewal by May 1, 1999. BAN Renewal: The water tank BAN is to be renewed for one year at an interest rate of 3.90% RESOLUTION #39 AWARD BID FOR SEWER CLEA14ER BODY TO MONROE TRACTOR IN THE AMOUNT OF $1.11 967 00 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, bids were advertised for a Sewer Cleaner Body by the Water and Sewer Department, and WHEREAS, sealed bids were opened on February 16, 1999 at 3:00 p.m. and provider, to Water and Sewer Supt, Peter Alteri, for review, as follows: Monroe Tractor $111,987.00 7300 Eastman Road N . Syracuse, N`Y 13212 Fosters Equipment, Inc. $103,762.00 One Keuka Bus. Park Ste. #103 Penn Yann, NY 14527 Roberts Equipment $104,383.00 P.O. Box 328, Cazenovia, NY FEBRUARY 17, 1999 TOWN BOARD MEETING PAGE 5 RESOLUTION #44 REFER ZONE CHANGE REQUEST OF SUIT-KOTE CORP. TO THE TOWN PLANNING BOARD FOR FURTHER REVIEW AIJD RECOMMENDATION Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Town Board, as Lead Agency, has duly reviewed and declared a Negative Declaration regarding the Zone Change of Suit -Kate Corp. property located at Loring Crossing, therefore BE IT RESOLVED, the Town Board does hereby refer the Suit -Kote Corp. application for a Zone Change to the Town Planning Board for their review and recommendations, as relating to Planning. RESOLUTION #45 SCHEDULE A SPECIAL TOWN BOARD MEETING FOR FEBRUARY 24. 1999 AT 5:00 P.M. Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby schedule a Special Town Board Meeting to be held on February 24, 1999 at 5:00 p.m. regarding Suit -Kate Corp's Zone Change request of their Loring Crossing property, contingent upon receiving a recommendation from the Town Planning Board. RESOLUTION #46 SCHEDULE A PUBLIC HEARING FOR A14 AQUIFER PROTECTION PERMIT SUBMITTED BY SUIT-KOTE CORP. ON WRCH 3, 1999 Motion by Councilman Rocco Seconded by Councilman Testa. VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for March 3, 1999 at 7:00 p.m. for an Aquifer Protection Permit submitted by Suit -Kate Corp. for their properties located at Lorings Crossing. Town resident, Betty Wood, inquired if the Negative Declaration pertains to the entire 43 acres and what the rezone will mean to that. Attorney Folmer stated that the SEQRA application relates to the 43 acres owned by them and will also apply for the Site Plan and Aquifer Permit. applications. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to adjourn the regular meeting. All voting afire, the motion was carried. The meeting was adjourned at 7:55 p.m. Res ectfu y sub fitted, Pauline H. Parker, CMC Town Clerk Town of Cortlandville 25 26 FEBRUARY 17, 1999 PUBLIC HEARING 5:30 P.M. SUIT-KOTE CORP. ZONE CHANGE REQUEST LORING CROSSING Tf.X MAP #77.00-01-22.000 77.00-01-44.100 77.00-04-11.110 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town Hall, 3577 Terrace Road, Cortland, Now York, concerning a Zone Change request from Suit Kote Corp. at their Lorings Crossing location. Members present: Supervisor, Councilman, Councilman, Councilman, Councilman, Town Clerk, Raymond Thorpe Theodore Testa Edwin O'Donnell Ronal Rocco John Pilato Pauline Parker Others present were: Town Attorney, John Folmer; Highway Supt, Carl Bush; CEO, Bruce Weber; Keyboard Specialist, Patty O'Mara; Attorney, Kevin Bernstein; Paul Suits and Frank Suits Jr. and Dick Schutz of Suit -Kate; Vic and Sandy Panzanella of Yellow Lantern Campground with their Attorney, Mark McQuerry; Many area business representatives and residents, so identified on the sign in sheet; and News Reporters, Rick Archer of The Cortland Standard and Eric Reinhart from SnHC radio. Supervisor Thorpe called the Public Hearing to order at 5:30 P.M. following the regular Town Board Meeting. The Town Clerk read aloud the Legal Notice, as posted and published. Supervisor Thorpe stated that the Town Board has received several communications relating to the Zone Change request of Suit -Kate, from Attorneys and area residents. These have been made a part of the record of this Public Hearing. Because there is no stenographer, he asked those in attendance to speak one at a. time. He would give the Attorneys from each side a chance to be heard, then area residents. He offered privilege of the floor to Suit-Kote's attorney. Attorney Bernstein introduced himself and stated. Suit-Kote is requesting Board approval for their Zone Change request, a SEQRA determination. and for a Public Hearing to be scheduled for their Aquifer Protection Permit. He introduced Richard Schutz, Operations Manager of Suit -Kate Corp., to explain the Zone Change proposal. After, he will address the zoning issues and how the project, as proposed, will have no environmental impacts. Richard Schutz reviewed, and demonstrated by maps, Suit- Kote's applications submitted to the Town Board and referred to the Town and County Planning Boards. Included with their applications was a "Five -Year Plan of Operations" proposed for their Lorings Crossing facility, and a completed long form or (SEQRA) Full Environmental Assessment form. He demonstrated and explained the Zone Change request, proposed Site Plan expansion and five year plan, using maps and diagrams. They are requesting the zone change to return to an Industrial classification, as it was in 1968. At that time it was changed to a Business classification. Since then they have operated as a Non - Conforming Use. He reviewed the maps of their facility and the 1999 proposed plan for removal of unneeded tanks and/or upgraded or expansion of tanks at both, the emulsion plant and also the modified asphalt plant location. C 1 1 FEBRUARY 17, 1999 PUBLIC HEARING PAGE 2 27 A discussion was held concerning the existing tanks and the increase to occur due to the proposed project. Mr. Schutz stated the increase of tanks will be from 58 to 67 and the new tanks will meet N'ZS DEC regulations. He explained their proposed plans for 2000 and 2001. This five year plan is essential for them to remain competitive in the asphalt market and to continue with their employment record. Attorney Bernstein outlined the background of the Suit -Kate Corp., of forty years, and the fact that this was originally zoned Industrial. He stated that the actual use of the property has not changed and suggested reasons why this proposed project would not constitute spot zoning. Benefits to the community were presented. Suit -Kate needs to modernize their facility in order to stay competitive. Suit-Kote's history is part of the neighborhood and their comprehensive plan has developed over the years. Attorneys Folmer and Bernstein discussed examples of Zone Changes and non -conforming uses. Also reviewed was the current need to be granted a Variance from the Zoning Board of Appeals. Attorney Folmer stated even with eliminating the need for a variance from the Zoning Board, Suit -Kate will still need to apply for an Aquifer Protection Permit and a Site Plan review. They discussed the application process and agreed this is required for protection of the community and the public. They discussed spot zoning as it relates to size. Also discussed was that if Suit -Kate no longer operates in this zone, the next occupant would be able to take advantage of the Industrial classification. If approved, this Board would lose a great deal of its authority to regulate a new industry. Long term and short term ramifications were discussed. Attorney Mark McQuerry. representing Vic and Sandy Panzanella, owners of Yellow Lantern Campgrounds, stated there are a. lot of legal issues to be considered and requested the Board to take their time in making any decision. He referred to his letter, submitted to the Board, concerning spot zoning. He stated that the Suit -Kate expansion is not consistent with the Town Planning standards. Attorney McQuerry referred to a case of spot zoning in the Town of Cortlandt in Westchester County. A discussion was held between he and Attorney Folmer regarding this. Attorney Folmer requested a discussion relating to the size of a parcel relating to spot zoning. Many examples and numbered cases were discussed. Attorney McQuerry questioned the dates Suit -Kate purchased these parcels, and if some of these parcels were ever used for industrial use. Further comments were made as he felt these factors should be considered. He made reference to the economic liability of the Town and the area relating to tourism in the area, especially his clients. Tourism attracts business that stays in the community. Industry does not always stay.. Because the County Planning Board has recommended rezoning in this area, this issue is before you again. They are asking you to consider and review what you want for long-term planning. Is this really a good. idea? Mr. McQuerry asked that it be considered again, and rejected. As they have proposed, their facility needs to be modernized and expanded. Is Lorings Crossing the proper place for this facility? They own another location in Polkville, which is currently zoned Industrial. Relocation of their facility to that location is not only appropriate, but the best alternative. Consider again; all of their property, as requested in their application, has not been used for industrial use. Reconsider what the area is being used for, not just their parcels. 28 FEBRUARY 17, 1999 PUBLIC HEARING PAGE 5 Attorney Folmer and Attorney McQuerry discussed the County's recommendations, which were included with his letter to the Town. With reference to a comprehensive plan, it was discussed if such plan must always be written down. The Town Planning Board has yet to make their recommendation for this zone change request. It can be done by examination and an evaluation of the land. They agreed size is not a controlling factor. They also discussed effects on the area and character of the neighborhood. If economic decrease has occurred there, why has no one from the Country Music Park, or other named business in the area, experienced or reported, any economic decrease of their business due to problems created by the applicant. They agreed the County Planning Board has said the rezone would have minimal effect on the character of the neighborhood. Attorney Bernstein stated he understands the Country Music Park has not had a down turn of business and they spoke favorably at a Public Hearing concerning his applicant in the past. He agreed the area has a mixed use. It has developed over time. Suit-Kote has been a part of that for over forty years. The three parcels they are seeking a zone change for are necessary for the growth of their facility. He continued to speak of the function of rezoning and the recommendations of the County Planning Board and their deferral of this request to this Town Board. With regard to the Town Development Plan of 1976, it acknowledged and referenced to Suit-Kote as an industrial use. This zone change request is reflected in that plan. Attorney Folmer requested clarification of page 2 from Attorney Bernstein. He clarified points made in his letter relating to the County Planning Board recommending rezoning to the Town in 1995. This was for a use variance. He also explained those in 1976 and 1977 were regarding Development Plans. The "Open Space" reference was made in the County's Development Plan. The reason this was referred to as Open Space was because this area is along the Tioughnioga Flood Pain, and further discussed. Attorney Bernstein reported that many documents have been submitted, for review, regarding Environmental Issues. The Long Form SEQRA, and supporting documents which describes the measures Suit -Kate will take to insure that there will not be an environment impact associated with their five year plan. He requested Operations Manager, Richard Schutz, to further explain their plan as proposed, to assist the Town Board with their review of SEQRA. Mr. Schutz clarified the question regarding tanks. Currently there are 59 existing tanks. 75 tanks are proposed under the new plan. He explained their proposed new tank construction plan. Replacement of 11 tanks will insure that all involved factors will meet all of N`YS DEC regulations. Upon completion of their -proposed plan, they will have 29 tanks brought up to the latest standards. He referred to current numbered regulations, for compliance. Air issues and odor control measures were explained. All additional modified asphalt storage tanks, process and raw material tanks, at the modified asphalt plant, will be connected to the existing carbon absorption units. No anticipated change is expected in traffic due to the proposed project. They will undergo a. series of changes as required by spill prevention control and counter measure plan(SPCC). The Stormwater (SPDES) permit will be amended. In addition, a Stormwater Pollution Prevention Plan was submitted to the Planning Board, as required. This plan was also provided to the Cortland County Soil and Conservation District on November 25, 1998 and revised on December 15, 1998. Suit-Kote has requested comments on these submissions and has not received a response to date. FEBRUARY 17, 1999 PUBLIC HEARING PAGE 4 29 Mr. Schutz concluded with comments on historic and archeological resources. The project does not enter into any cultural or historic sites and a no adverse impact letter was attached. to Attorney Bernstein's submitted letter. Attorney Bernstein closed by stating there are other approvals and permits needed by other agencies, following the necessary approved action to be taken by this Board and the Town Planning Board. They believe their request to rezone their properties from a. Business to Industrial classification, with their five year plan, will not have an adverse environmental impact. It does not constitute spot zoning. It will benefit the community as it is consistent with the Comprehensive Plan. He requested their zone change request be approved.. He requested an Aquifer Protection Permit Public Hearing be scheduled for March 3, 1999. Attorney McQuerry referred to several potential environmental impacts which have occurred by expansion of this facility and the problems of the last fewer years. The lesson learned is that the Board heeds to take a close look again, before approval is given. The potential impacts are air emissions, wetlands, the project being in the flood plain and potential for flooding. These facts need further consideration and analysis. Should this big environmental project, especially with past history and problems require them to prepare an environmental impact statement that provides the full analysis for review of the potential environmental impact. Attorney Folmer inquired to Attorney McQuerry, "If the rezone were to be approved, and then the Site Plan reviews and Aquifer Permit process goes forward, as each phase of this goes along, can't the potential environmental impact be, to some extent, mitigated by conditions attached by the Planning Board and by this Board, in connection with an Aquifer Permit, in conjunction with State and Federal regulatory agencies. Attorney McQuerry agreed it could, assuming this proposed project isn't approved in any way by the Town Board as it needs to be considered by the Town Planning Board. He stated his concerns and the need of the Town Board to review further, many issues. Attorney Bernstein explained efforts Suit-Kote has undertaken relating to air emissions and odor control. He stated, and explained, that there will be no impact to State or Federal wetlands, relating to work referenced in the five year plan. The project, as proposed, is above the flood plain, and has been discussed with the Town's Code Enforcement Officer. Upon completion of the Attorney's comment period, and before area residents share their comments, Supervisor Thorpe suggested a five minute break. Upon returning, Attorney Folmer stated the following correspondence will be included with the records of this Public Hearing: Letter dated December 8, 1998 - Letterhead of Yellow Lantern Kampground, dealing Tuith impacts of this application based on their observation as well as the surrounding neighborhood, and signed by firs. Panzanella. A Freedom of. Information disclosure response, given to Mrs. Panzanella on December 30, 1998, from a FOIL request dated December 2, 1998 to the Cortland County Division of Environmental Health, consisting of only Item #1 - a complaint log for 1998. Letter from .Jeffrey and. Lisa Solar dated December 2, 1998, addressed to the Town Planning and Town Board of the Town of Cortlandville. FEBRUAR`I 17, 1999 PUBLIC HEARING PAGE 5 Letter from I,TYS Office of Parks. Recreation and Historic Preservation, dated November 16, 1998, indicating no adverse impact of historic and cultural resources, and a letter from the same facility to Dick Schutz dated December 19, 1998 referring to archeological impact. Supervisor Thorpe offered privilege of the floor to area residents and others whom wished to speak. He requested that only new information be submitted or discussed. Town resident, Betty Wood, submitted a letter for the records, similar to what she had published in the newspaper. She referred to 2 b. expressing her concerns of Suit -Kate of further development in the flood plain area. If this should occur, it would require fill to be added, which would increase the factor of potential flooding. Her other concern was that Suit-Kote has done nothing about fugitive emissions pertaining to truck loading. She is waiting for further information coming from California and the Boston area relating to this. odors in Polkville and her recent health problems she relates to Suit -Kate emissions. Supervisor Thorpe offered Dick Schutz a chance to respond to Ms. Wood's concerns. Mr. Schutz explained there are emission controls for loading of trucks at the modified asphalt plant and the best management practices at the emulsion plant. Mr. Shutz stated, the proposed project is not in the flood plain area and the applicant is convinced they have complied with Town Code as well as State and Federal regulations. Attorney Bernstein confirmed that they have been in contact with the Town's Code Enforcement Officer, Bruce Weber, regarding developer permits. Super -visor Thorpe offered the floor to Richard Eads and Paul Slowley of the Business Development Corp. Mr. Slowey stated the Business Development Corp. and the Industrial Development Agency support the application presented to this Board, and requested it to be given favorable consideration. Suit -Kate is a major employer in the County and they are woven into the fabric of our culture, life and a. valuable community member. He felt they need to be given the flexibility to remain competitive and retain ,jobs. Betty Wood stated that the numbered employees of Suit -Kate are spread across the state, not just in Cortland. She expressed concerns about medical bills for people that may suffer health problems due to Suit-Kote`s expansion. Supervisor Thorpe excused Councilman Pilato at 7:10 p.m. for a scheduled meeting he needs to attend. An apology was made. County Legislator, Mary Contento, stated she has been a. member of the Planning Committee and has supported industry in the past. They have also recognized and discussed the Industrial Park area in Polkville. She did caution the Board, as she had also worked hard for and supported other industry. Even though we gave them a street, now they are gone. She urged the Board to think hard before they make their decision. Town Resident, Archie Loomis, shared his experience relating to adding fill. He stated any fill that is to be done will be closely monitored by CEO, Bruce Weber. He was confident that Bruce would not allow this to happen on Suit -Kate property. Mr. Loomis asked Attorney Folmer if the Town thought non- conforming use should be done away with, as referred to by Attorney McQuerr-y. FEBRUAWf 17, 1999 PUBLIC HEtARING PAGE E 31 Attorney Folmer explained that as a. municipality establishes zoning areas and zones within the Town, they do that with an idea of what it ought to he, and in some instances the non -conforming use, of course by its very nature, doesn't conform to what that zone is intended to be. In some cases, and in a lot of instances, it is hard to define or diminish a non -conforming use, not encourage it. After further questions, Attorney Folmer explained that a non -conforming use is caused when someone is utilizing a piece of property today, and a zoning ordinance is passed which would make that use not proper in that zone. Because you can't tell someone, what they were doing legally yesterday, is now illegal. That creates a non -conforming use. Mr. Loomis stated sometime the use was changed. As a. resident of Lorings Crossing area, he stated he is supportive of the zone change request of Suit-Kote. Vic Panzanella of yellow Lantern Campground, stated he has obtained permits required before starting any project. There being no further comments, the Supervisor asked for a motion from the Board. 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 7:15 p.m. 1