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