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HomeMy WebLinkAbout03-17-199942 14ARCH 17, 1999 5:00 P.M. PUBLIC HEARING AQUIFER PROTECTION PERMIT A14ANDA SHAW/BARRY LATTA, SR (SENECA AUTOMATIC DOOR CO.) RICHA.RD HARRIS, PROPERTY OWNER LUKER ROAD TAX MAP #95.00-05-5.100 A Public Hearing was held by the Town Beard of the Town of Cortlandville at the Town Hall, 5577 Terrace Road, Cortland, New York, concerning an Aquifer Protection Permit permitting the construction of a. structure to house Seneca Automatic Door, Inc. facility with appropriate parking on Luker Road. Members present: Supervisor, Councilman, Councilman, Councilman, Councilman, Town Clerk, Raymond Thorpe Theodore Testa Edwin O'Donnell Ronal Rocca John Pilato Pauline Parker Others present were: Town Attorney, John Folmer; Highway Supt, Carl Bush; Amanda Shaw of Attorneys Riehlman Shafer & Shafer; and mews Reporter, Angela Leddy. Supervisor Thorpe called the Public Hearing to order. The Town Clerk read aloud the Legal Notice, as published, posted and filed. Supervisor Thorpe offered privilege of the floor to those in attendance. Amanda Shaw, representing the applicant, Barry Latta of Seneca Automatic Door, Inc, reiterated that the applicant has an approved Zone Change, changing eight acres to Business leaving the rest Residential. As required, the Town Planning Board approved a Sub -Division of this parcel. They also approved the Conditional Permit, subject to receiving an approved Stormwater Management Plan from the Cortland County Soil and `,dater Conservation District, of which she has yet to receive. They also recommended to this Board, approval of their Aquifer Protection Permit request. She stated that according to the Town Zoning Law, this request should be referred to the County Planning Board. She felt, based on the action that has taken place and that it has been before the County Planning Board twice, it doesn't need to be referred back to them again. Councilman Rocco inquired if residents in the area of the project had been notified and if any had objected to the project. Ms. Shaw stated the Planning Board notified residents. She had been to several Public Hearings, relating to this, and no response was made. The Town Clerk confirmed the Town Planning Board's actions of this project, as reported by Ms. Shaer. They recommended approval of the Aquifer Protection Permit upon the receipt of the approved Storm Water Management from the Cortland County Soil and Water Conservation District. After further discussion, Attorney Fulmer explained the process taken by County Planning board. Attorney Folmer stated a SEQRA review was done for the Zone Change application, at the February meeting. Another SEQRA review is not necessary. Councilman Rocco made a motion, seconded by Councilman Testa, to close the Public Hearing. All voting aye, the motion was carried. 1 Li The Public Hearing was closed at 5:10 p.m. 14ARCH 17, 1999 TOWN BOARD MEETING 5:00 P.M. 43 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; Amanda Shaw of Attorneys Riehlman Shafer & Shafer; and News Reporter, Angela Leddy. Supervisor Thorpe called the meeting to order following a Public Hearing for an Aquifer Protection Permit. Attorney Folmer recommended the Aquifer Protection Permit be addressed first. RESOLUTION #58 APPROVE AQUIFER PROTECTION PERMIT #5 OF 1998 FOR BARRY LATTA SR, PROPERTY OWNED BY RICHARD HARRIS. LOCATED ON LUKER ROAD Motion by Councilman Rocca Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Cortland County Planning Board and the Town Planning Board have reviewed and recommended approval of this Aquifer Permit application, and WHEREAS, a Public Hearing was duly held by this Town Board, and WHEREAS, the SEQRA review was performed by the Town Board, as Lead Agency, at the February 3, 1999 meeting, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #5 of 1998, for property on Luker Road owned by Richard Harris, application submitted by Amanda Shaw/Barry Latta, Sr. (Seneca Automatic Door, Inc), and further RESOLVED, the Super -visor is hereby authorized and directed to sign the permit. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to approve the Town Board Minutes of February 3, 1999, as written. All voting aye, the motion was carried. RESOLUTION #59 AUTHORIZE PAYMENT OF VOUCHERS ARCH Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #101 - 127 $11,823.20 General Fund B 20 - 24 $ 761.81 Highway Fund DB 103 - 128 $17,712.55 Water Fund 46 - 60 $ 7,337.65 Sewer Fund 30 - 36 $ 1,947.63 14 MARCH 17, 1999 TOWN BOARD MEETING PACE 2 Supervisor Thorpe offered privilege of the floor to those in attendance. Councilman Testa asked for a review of the times and dates of the Town Board meetings to be held in McGraw and Blodgett Mills. The Town Clerk stated the meeting in McGraw will be held at the Community Center on May 5, 1999 and the Blodgett Mills meeting will be held June 2, 1999 at the Independent Baptist Church. Both meetings are scheduled for 7:00 p.m. Supervisor Thorpe apprised the Board of a request from the Eight County Physician's Organization of Commons Ave for special lighting in that area. A discussion was held with Highway Supt, Carl Bush, concerning the cost and responsibility of this lighting proposal. It was the consensus that if they desired to purchase the lights, the Town will approve the installation, and the utility company will bill them monthly. Supervisor Thorpe will inform the Physician's Association. No action was taken. The Justice monthly report for the month of February 1999 is on the table for review and filed in the Town Clerk's office. The Town Clerk distributed information of a Planning and Zoning Workshop being offered May 14, 1999 at Mt. Morris, N.Y. Supervisor Thorpe stated he sent a copy to the Chairpersons of the Planning and Zoning Boards. Supervisor Thorpe apprised the Board of a list of Town property owners that have received final notices regarding their need to connect to the Town's sewer lateral. He stated that this is a. requirement under the Cortland County Sanitary Code. Attorney Folmer stated the County Health Department can enforce the hook-up requirement. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file the list received from the Water and Sewer Dept. of the Town. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file a letter dated March 2, 1999 from the Lamont Free Library. All voting aye, the motion was carried. The letter expressed appreciation of the Town's contribution to their library and informed the Board of the activities and programs the library has been able to offer the community. Councilman O'Donnell, made a motion, seconded by Councilman Rocco, to receive and file a letter from Willowbrook Golf Club, Inc., advising of their intent to renew their liquor license at Willow Brook Golf Club an route 215, Cortland, New York. All voting aye, the motion was carried. The Town Clerk reminded the Board of previous requests from residents in McGraw regarding the new Community Building being the polling place instead of the McGraw High School. She also received a letter from the McGraw 'tillage Board stating their action to holding their Village elections at the Community Building, in the future. RESOLUTION #60 DESIGNATE COMMUNITY BUILDING IN MCCRkW AS A POLLING PLACE FOR TOS141T RESIDEITTS WITHIN ELECTION DISTRICT 12-2 Motion by Councilman O'Donnell. Seconded by Councilman Pila.to MOTES: ALL AYE ADOPTED WHEREAS, for several years, the voters of the Town that reside in Election District 12-2 voted at the McGraw Fire Station, and was relocated to the McGraw High School, and MARCH 17, 1999 TOWN BOARD MEETING PAGE 3 L� WHEREAS, the Community Building has been completed in the Village of McGraw and meets all requirements needed and necessary for a polling place, and WHEREAS, it is the desire of this Town Board to utilize facilities convenient to their constituents whenever possible, therefore BE IT RESOLVED, the Town Board of the Town of Cortlandville does hereby authorize a change of the location of the pulling place in Election District 12-2 and designate the Community Building in McGraw located at 15 Clinton Street, as a polling place for the Town, and further RESOLVED, the Town Clerk shall notify the Cortland County Board of Elections, as required. The Town Clerk opened a discussion regarding the present polling location at the Cortlandville Fire Station, located at 3537 West Road, to the new fire station, to be located on NYS Route 13, when completed. The County Board of Elections informed her that because the new fire station will be contiguous with the present election district, the polling place may be relocated there, if desired. The two districts cannot be combined. A discussion was held concerning possible confusion with changing polling places. The Town Clerk stated the confusion with last years elections at the Town Hall, was due to misinformation sent to them by the County Board of Elections. That problem has been rectified. Councilman O'Donnell inquired concerning the time frame for making a decision on moving the polling place. The Town Clerk stated action would need to be taken soon to allow the County Board of Elections sufficient time to notify voters of their polling location. The fireman have a completion date of August 1, 1999. If a Primary is needed, it would be held in September. Because of the unknown time -frame, we could wait until neat year to make this decision, and hold the elections this year at the Fire Station on Route 281. No action was taken. Attorney Folmer reported: NYS Route 13 Water Project: He has the SEQRA and the Order to adopt to set the date for the Public Hearing for ITYS Route 13 Water Distribution System Improvement Project - 1999. He apprised the Board that he will be out of Town from March 24th to April 14th. RESOLUTION #61 DECLARE NEGATIVE IMPACT FOR NYS ROUTE 13 STATER DISTRIBUTION SYSTEM IMPROVEMENT PROJECT - 1999 Motion by Councilman Pilato Seconded by Councilman Testa. VOTES: ALL AYE ADOPTED WHEREAS, The Town Board has approved, per Resolution #56 of March 03, 1999, the process for a new Water Distribution System Improvement Project along NYS Route 13, and WHEREAS, as Lead Agent, the Town Board duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board does hereby declare the proposed ATYS Route 13 Water Distribution System Improvement Project - 1999 shall have no significant environmental impact. 46 MARCH 17, 1999 TO'YA%l BOARD MEETING PAGE 4 RESOLUTION #62 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION FOR THE NYS ROUTE 13 WATER DISTRIBUTION SYSTEM IMPROVEMENT PROJECT - 1999 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA. farm for the NYS Route 13 hater Distribution System Improvement Project - 1999. RESOLUTION #6.3 ADOPT THE ORDER PURSUANT TO TOWN LAW ARTICLE 12-C "NYS ROUTE 13 WATER DISTRIBUTION SYSTEM IMPROVEMENT PROJECT - 1999" AND SET DATE FOR A PUBLIC HEARING ON APRIL 21 1999 AT 5.00 P.M, Motion by Councilman Pilato Seconded by Councilman Testa. VOTES: ALL AYE ADOPTED i,IHEREAS, the Town Board of the Town of Cart landvi 1 le (herein called "Town Board" and "Town," respectively), in the County of Cortland, New York, has caused the Town Engineer, a. competent engineer, duly licensed by the State of New York, to prepare a general plan, report and map for the proposed construction of improvements along Route 13 in the Town, consisting of the installation of approximately 1600 feet. of 6 inch watermain, the replacement of 20 existing water serTaice connections with approximately 1500 feet of copper service line, in accordance with said plans now on file in the Office of the Town Clerk of the Town of Cortlandville (the "Water Improvement"), including buildings, land or rights in land, original furnishings, equipment, machinery and apparatus required therefore, and all ancillary work thereto, all within the unincorporated areas of the Town outside of any villages, pursuant. to Article 12-C of the Town Law, and which plan, report and map has been heretofore duly filed in the office of the Town Clerk for public examination; and WHEREAS, such Water Improvement will benefit the entire area of the Town outside of any villages, said area being hereby designated as the Benefited Area. (the "Benefited Area"); and W1iEREAS, the Benefited Area is more particularly bounded and described as follows: WHEREAS, the Town Board has given due consideration to the impact that the Water Improvement may have on the environment and, on the basis of such consideration, the Town Beard has found that no substantial adverse environmental impact will be caused by the Water Improvement; and MiEREAS, the Town Board and the Town have complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters, including compliance with New York State Environmental Quality Review Act, comprising Article 8 of the Environmental Conservation Law and, in connection therewith, a duly executed negative declaration and/or other applicable documentation has been properly filed in the Office of the Town Clerk; and WHEREAS, the maximum amount proposed to be expended for the construction of such Water Improvement is estimated to be $200,000, which is planned to be financed by the issuance of serial bonds of the Town and the levy and collection of special assessments from the several lots and parcels of land within such Benefited Area which the Town Board shall determine to be especially benefited by said Water Improvement, so much upon and from each as shall be in just proportion to the amount of benefit 1 1 1 MARCH 17, 1999 TOWN BOARD MEETING PAGE 5 47 which the Water Improvement shall confer upon the same, to Pay the principal and interest on said bonds as the same shall become due and payable; and WHEREAS, the annual cast of operation and maintenance of said Water Improvement shall be Paid with a charge upon the entire area of the Town outside of any villages which shall be levied and collected in the same manner and at the same time as other Town charges, now, therefore, BE IT ORDERED, that the Town Board of the Town of Cortlandville meet and hold a Public Hearing at the Town Hall on April 21, 1999 at 5:00 p.m. (Prevailing Time) to consider the construction of such Water Improvement, at which all persons interested in the subject thereof may be heard concerning the same, and for such other action an the part of the Town Board with relation thereto as may be required by law;. and be it FURTHER ORDERED, that the Town Clerk publish at least once in the "Cortland Standard," a newspaper having a. general circulation in the Town of Cortlandville, and hereby designated as the official newspaper of the Town for such publication, and post conspicuously on the bulletin board in the office of the Town Clark, a. copy of this Order, certified by the Town Clerk, the first publication and said posting to be not less than ten (10) nor more than (20) days before the day designated herein for said public hearing as aforesaid. Supervisor Thorpe read a letter from Town Clerk, Pauline H. Parker announcing her intent to retire as of May 1, 1999. He stated this should be received with deep regret. Several comments were heard from those in attendance. RESOLUTION #64 ACCEPT RESIGNATION FOR RETIREMENT FROM PAULINE H PARKER AS TOWN CLERK/TAZ COLLECTOR Motion by Councilman O'Donnell Seconded by Councilman Rocco MOTES: ALL AYE ADOPTED BE IT RESOLVED, the notice of resignation for retirement of Pauline H. Parker as Town Clerk/Fax Collector, is hereby accepted, with deep regret, to be effective May 1, 1999, and shall be received and filed. RESOLUTION #65 APPOINT KAREN SNYDER TOWN CLERK/TAX COLLECTOR EFFECTIVE MAY 1, 1999 Motion by Councilman Testa. Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED i/,7HEREAS, a vacancy shall occur as Town Clerk/Fax Collector, due to the retirement of Pauline H. Parker, therefore BE IT RESOLVED, the Town Board does hereby appoint Karen Q. Snyder, 799 Pheasant. Run, Cortland, 1,1'Y, as Town Clark/Tax Collector, effective May 1, 1999, to December 31, 1999, the remainder of the Town Clerk term. Councilman Testa made a motion, seconded by Councilman Pilato, to adjourn the regular meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:35 p.m. Res ectfully��%ubr fitted, Pauline H. Parker, CMC Town Clerk Town of Cortlandville