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Home My WebLink About06-16-1999JUNE 16, 1999 5:00 P.M. 81 1 1 PUBLIC HEARING AQUIFER PROTECTION PERMIT MICHAEL ARNOLD FOR PROPERTY LOCATED AT 375 NYS ROUTE 13 TAX MAP #95.16-02-47.200 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town Hall, 3577 Terrace Road, Cortland, New {.fork, concerning an Aquifer Protection Permit permitting the construction of an 18,000 sq. ft. retail sales building. Members present: Supervisor, Councilman, Councilman, Councilman Councilman, Town Clerk, Raymond Thorpe Theodore Testa Edwin O'Donnell Ronal Rocco John Pilato Karen Snyder Others present were: Town Attorney, John Fulmer; Highway Supt, Carl Bush; Karl Wendt and Joe Compagni representing Economy Paving Co.; Town Residents, Tarla Arnold, Michael Arnold, Carol Fulmer; Engineer, Gary Wood; Attorney Bill Pomeroy; and News 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. Michael Arnold explained the proposed project and was available to answer any questions. Karl Wendt representing Economy Paving, commented in favor of the project. No other questions or comments were heard. Councilman Testa made a motion, seconded by Councilman O'Donnell, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 5:05 p.m. 82 JUNE 16, 1939 5:15 P.M. PUBLIC HEARING AQUIFER PROTECTION PERMIT ECONOMY PAVING CO., INC. NYS ROUTE 13 TAX MAP #77.00-01-33.000 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 an Aquifer Protection Permit permitting the construction of a one story 2,800 sq. ft. office building. Members present: Supervisor, Councilman, Councilman, Councilman, Councilman, Town Clerk, Raymond Thorpe Theodore Testa Edwin O'Donnell Ronal Rocco John Pilato Karen Snyder Others present were: Town Attorney, .John Folmer; Highway Supt, Carl Bush; Karl Wendt and Joe Compagni representing Economy Paving Co.; Town Residents, Tarla Arnold, Michael Arnold, Carol Folmer; Engineer, Gary Wood; Attorney, Bill Pomeroy; and News 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. Karl Wendt, representative for Economy Paving Co. explained the project as being on 1.8 acres out of 14 acres and stated he is also looking for a building permit. Mr. Wendt explained two of their problems. They have proposed using 8,000 square feet of black top, which is not approved by the 'dater and Soil Conservation Department. The other problem is with the Stormwater Management checklist consisting of a 14 acre study with 24 to 26 items including requirements for a retention pond. Their pollutant being the amount of black top they are proposing. Supervisor Thorpe and Mr. Wendt discussed the possibility of using less black top at this time. Joe Compagni explained that they retained Brent Cross to do a. Stormwater Pollution Plan but has no assurance this will be accepted. He went on to explain the water runoff in this area. Attorney Folmer stated the Town Board does not issue building permits, this is the function of the Town Code Enforcement Officer. Attorney Folmer inquired if what they were looking for was approval of this Aquifer Permit without regard to the Stormwater Pollution Prevention Plan. Mr. Wendt stated he is looking for a delay in the Stormwater Plan in order to proceed with the building permit. He stated it could take months to complete the Stormwater Pollution Prevention Plan which is mandated. Attorney Folmer and Mr. Wendt discussed the conditions set by the County and Town Planning Boards. Attorney Folmer read aloud the County Planning Board recommendations concerning landscaping, storing of construction equipment and the Stormwater Pollution Prevention Plan which includes the requirement of a. retention pond. He explained the retention pond is needed to keep pollutants from infiltrating into the Aquifer. The Stormwater Plan should be for the overall site. 1 1 1 83 JUKE 16, 1999 PUBLIC HEARING PAGE 2 Mr. Wendt stated they should be responsible only for the 1.5 acres and riot the overall 14 acres and the capacity of the proposed retention pond as being 3,000 sq. ft. Attorney Fulmer explained if one or more of the four conditions the County Planning Board attached to the approval of the Aquifer Permit was emitted, the Board would need the majority plus one to pass the resolution. He stated the direction needed is for the Aquifer Permit and not for a building permit. The Board reviewed and discussed the SEQRA form for Economy Pa.ving's aquifer Permit. The main concern is with the effects of groundwater quality. Joe Compagni stated his plan is to move all or part of his business to the site but wants to have approval first. They are developing a. Stormwater Pollution Plan as requested. He is concerned about this not being accepted by Water and Soil Conservation. Supervisor Thorpe stated he would prefer having the recommendations of the Town Planning Board. The Town Clerk stated that minutes for the May 25th meeting, have not been received in her office. Recess Public Hearing at 5:45 p.m. to allow Town Attorney to call the Town Planning Board secretary, Joan Fitch, for the results of the May 25th Town Planning Board meeting. Reconvene Public Hearing at 5:47 p.m. Attorney Fulmer apprised those in attendance. The Town Planning Board had referred Economy Paving's application to the County Planning Board. The Town Planning Board had the County's recommendations at their May 25th meeting. The Town Planning Board approved the Site Plan Review per resolution 99-46 F 47 and recommended Town Board approval of the Aquifer Permit subject to conditions of the County Planning Board and receipt of a letter from the ITZS DOT regarding ingress and egress, which Mr. Wendt said has been received. Attorney Fulmer stated there needs to be a determination, with regard to SEQRA, if there is an effect to groundwater. It should be answered yes. As it *mould be mitigated by Stormiwater Management. The Board cannot approve the aquifer Permit without a reference to the Stormwater Pollution Regulations as they are mandated by the NYS Environmental Conservation. If not, approval would not be complying with mandated regulations. Attorney Fulmer stated he understands Mr. Wendt and Mr. Compagni's arguments but the Town Board does not have authority to eliminate or mitigate any of the regulations. A discussion was held concerning installing a gravel driveway vs. black top. Mr. Compagni inquired into the Water and Soil Department having veto authority over this development. Attorney Fulmer explained the dater and Soil Department have the right to say this plan does not meet the relative criteria. A variance from the Stormwater Pollution requirements can be applied for, under town law. There is criteria set in the law, that we have not evaluated. Attorney Fulmer apprised the Board they could approve the Aquifer Permit subject to the County Planning Board`s conditions, reserving to the applicant the right to apply for a variance of the Stormwater Plan requirements. If this occurred, our Code Enforcement Officer Bruce Weber should be advised the Town Board would consider a variance, if necessary. M J 14E 16, 1999 PUBLIC HEARING PAGE 3 A discussion was held concerning Mr. Wendt contacting Amanda Barber of the Water and Soil Conservation Department for their input on the Stormwater Plan requirements. No further questions or comments were heard. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed. at 5:55 p.m. JUNE 16, 1999 5:05 P.M. N L 1 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, Councilman, Councilman, Councilman, Councilman, Town Clerk, Raymond Thorpe Theodore Testa Edwin O'Donnell Ronal Rocco John Pilate Karen Snyder Others present were: Town Attorney, John Folmer; Highway Supt, Carl Bush; Karl Wendt and Joe Compagni representing Economy Paving Co.; Town Residents, Tarla Arnold, Michael Arnold, Carol Folmer; Engineer, Gars Wood; Attorney, Bill Pomeroy; and News reporter, Angela Leddy. Supervisor Thorpe called the meeting to order following a. Public Hearing for an Aquifer Protection Permit. RESOLUTION #111 AUTHORIZE PAYMENT OF VOUCHERS JUNE 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 #268 - 285 $15,042.38 General Fund B 60 - 66 $ 1,134.92 Highway Fund DA 39 - 40 $ 3,454.00 Highway Fund DB 231 - 256 $42,548.77 Water Fund 124 - 139 $69,669.54 Sewer Fund 71 - 77 $65,321.35 Capital Projects 24 - 25 $ 29.01 The monthly report for the month of June 1999 for the SPCA. is on the table for review and filed in the Town Clerk's office. RESOLUTION #11'3 DECLARE NEGATIVE IMPACT FOR AQUIFER PERMIT #2 OF 1999 - MICHAEL ARNOLD FOR PROPERT�K LOCATED AT 275 PIS ROUTE 13 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Special Permit application was submitted by Michael Arnold, tax map #95.16-02-47.200, for property awned by Helen And Earl Hart, for the construction of an 16,000 sq. ft. retail sales building, 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 project of Michael Arnold, Aquifer Permit. #2 of 1999, shall have no significant environmental impact. 86 , JUNE 16, 19 9 9 TOWN BOARD MEETING PAGE 2 RESOLUTION #114 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PERMIT #2 OF 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 application relating to Aquifer Permit #2 of 1999, submitted by Michael Arnold. RESOLUTION #11- APPROVE AQUIFER PERMIT #2 OF 1999 FOR MICHAEL ARNOLD FOR PROPERTY LOCATED AT 375 NYS ROUTE 13 SUBJECT TO CONDITIONS Motion by Councilman O'Donnell 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 subject to conditions, and WHEREAS, a. Public Hearing was duly held by this Town Board, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Permit #2 of 1999, submitted by Michael Arnold for property located at 375 NYS "Route 13, tax map #95.16-02-47.200, owned by Helen and Earl Hart, for construction of a 18,000 sq. ft. retail sales building with the following conditions: 1). The applicant provide a letter from. Cort-Lanes regarding an agreement for overflow parking and adequate snow removal. 2). Receipt of Stormwater Pollution Prevention Plan approval from the Cortland County Soil & Water District, and further RESOLVED, the Supervisor is hereby authorized and directed to sign the permit. RESOLUTION #114 AMEND TOWN BOARD MINUTES OF APRIL 21, 1999 RESOLUTION #88 REGARDING AN APPLICATION FOR THE TOWN' S PLUMBERS LIST Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an incorrect name was used for Resolution #88 of the April 21, 1999 Town Board Minutes regarding an applicant for the Town of Cortlandville's plumbers list, and WHEREAS, the correct application submitted was Cross Excavation & Auger Service, therefore BE IT RESOLVED, the Board does hereby approve amending the April 21, 1999 Town Board Minutes Resolution #88 to correctly read, "Tree application submitted by Cross Evacuation & Auger Service was approved, and shall be added to the approved plumbers list of the Town of Cortlandville ". �1 JUNE 16, 1999 TOWN BOARD MEETING PAGE 3 RESOLUTION #117 TABLE ACTION OF DECISION FOR CARL DEMARCHI- BES78AY BEAUTY SUPPLY RE. CODE VIOLATION Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the code violation of Carl DeMarchi - Bestway Beauty Supply, tax map #95.12-01-18.000, property located at 3593 NYS Route 281, is in the process of being rectified, therefore BE IT RESOLVED, the Board does hereby table action on said code violation. RESOLUTION #119 AUTHORIZE SUPPORT FOR PROPOSED CORTLAND COUM' BICYCLE ROUTE WITHIN CORTLANDVILLE Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED -!WHEREAS, a. request for support of a proposed bicycle route to incorporate sections of the Town of Cortlandville and the City of Cortland, has been made by the Cortland County Youth Bureau, therefore BE IT RESOLVED, the Town Board does hereby authorize support for the implementation of bicycle route signs and markings in the Town, and further RESOLVED, the Supervisor is directed to draft and sign a letter stating said support. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file notification from the Cortland County Legislature dated June 9, 1999. All voting aye, the motion was carried. __— This notification pertains to the county resolution to authorize an apportionment of mortgage tax monies. Supervisor Thorpe apprised the Board as he had received a request, from Rev. Terry Majors, regarding a generator for a proposed emergency shelter at the Independent Baptist Church in Blodgett Mills. Super -visor Thorpe stated he spoke with Brenda DeRusso of the County Emergency Management Department. She informed him there are many restrictions involved in operating an emergency shelter and Rear. Majors should contact the Red Cross for further information. Supervisor Thorpe will speak with Rev. Majors regarding contacting the Red Cross for assistance. M JUNE 16, 1999 TOWN BOARD MEETING PAGE 4 RESOLUTION #119 AUTHORIZE THE REDUCTION OF THE WATER BENEFIT TAX UNIT CHARGE FOR GARY LAW FOR PROPERTY LOCATED ON STPRR ROAD AND ISSUE A REFUND Motion by Councilman Testa Seconded by Councilman Pilate VOTES: ALL AYE ADOPTED WHEREAS, a request has been made by Gary Law to reduce his water benefit tax on parcels 96.00-03-10.100, 96.00-01-08.000, and 96.1.1-01-F7.200, located on Starr Road and WHEREAS, Town Assessor, David Briggs, has reviewed Mr. Law's request and has recommended the water benefit tax be changed from the current 16.30 to 10.30 units, based on the three properties being charged as one large parcel, therefore BE IT RESOLVED, the Town Board does hereby authorize the reduction of the water benefit tax units to a total of 10.3 units allocated as follows : 96.00-03-10.100 - 4.10 units 96.00-01-08.000 - 5.20 units 96.11-01-07.200 - 1.00 unit RESOLVED, a refund shall be issued when the 1999 Town & County tag; bill is paid. Attorney Folmer reminded the Board that John Bishop at 1217 Bell Drive has requested a refund for a. sewer charge as he is not connected to the town sewer. This is a $68.60 refund request tabled from the May 5, 1999 Town Board meeting. Upon investigation into the town law and discussion with the Water and Sewer Supt and Councilman Testa., it was determined there is a lack of provision for such request. Attorney Folmer recommends amending our water and sewer law. By doing this it would provide the home owner a two year span in which to connect to town sewer. After the two year period the appropriate sewer charge would be assessed. Attorney Folmer stated, with this new requirement to be implemented before the first of the year, it would be appropriate to credit Mr. Bishop's sewer charge. RESOLUTION #110 AUTHORIZE CREDIT OF SEWER CHARGES BILLED TO JOHN BISHOP AT 1217 BELL DRIVE Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a request was made by John Bishop of 1217 Bell Drive, to refund a sewer charge billed to him, and WHEREAS, this request was tabled at the Town Board meeting of May 5, 1999 to allow the Town Attorney to investigate the request, and WHEREAS, Mr. Bishop is not connected to the town sewer system, therefore BE IT RESOLVED, the Town Board does hereby authorize a credit of $68.60 to John Bishop of 1217 Bell Drive, to his July 1999 water and sewer billing. Councilman O'Donnell made a motion, seconded by Councilman Testa, to recess the Regular Meeting to hold a scheduled Public Hearing for an Aquifer Protection Permit request. All voting aye, the motion was carried. IN JUgE 16, 1999 TOWN BOARD MEETING PAGE 5 The regular meeting was recessed at 5:15 p.m. to hold a scheduled Public Hearing for an Aquifer Protection Permit. The regular meeting reconvened at 5:55 p.m. following the Public Hearing for an Aquifer Protection Permit. RESOLUTION #111 DECLARE NEGATIVE IMPACT FOR AQUIFER PERMIT #3 OF 1999 - ECONOWZ PAVING CO., INC LOCATED AT NYS ROUTE 13 Motion by Councilman Rocca Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Special Permit application was submitted by Economy Paving Co., Inc., property located on r,PZS Route 13, tax map #77.00-01-33.000 for the construction of a one story 2,000 sq. ft. office building, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form with concerns for groundwater erosion and drainage, mitigated by a Stormwater Pollution Prevention Plan, therefore BE IT RESOLVED,, the Town Board, as Lead Agent, does hereby declare the proposed project of Economy Paving Co. Inc., Aquifer Permit #3 of 1999, shall have no significant environmental impact. RESOLUTION #120- AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PERMIT #3 OF 1999 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AyE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Permit #3 of 1999, submitted by Economy Paving Co., Inc. RESOLUTION #12.3 APPROVE AQUIFER PER14IT #3 OF 1999 FOR ECONOITZ PAVING CO., INC. LOCATED AT NYS ROUTE 13 SUBJECT TO CONDITIONS Potion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL APSE ADOPTED WHEREAS, the Cortland County Planning Board and the Town Planning Board have reviewed and recommended approval of this Aquifer Permit application subject to conditions, and WHEREAS, a Public Hearing was duly held by this Town Board, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Permit #3 of 1999, submitted by Economy Paving Co., Inc. for property located at NYS Route 13, tax map #77.00-01-33.000, for the construction of a one story 2,600 sq. ft. office building subject to the following conditions: 1). The applicant adequately landscape the area around the office building. 2). That no construction equipment be stored between the office building and NYS Route 13. 90 JUNE 16, 1999 TOWN BOARD MEETING PAGE 6 3). A stormwater pollution prevention Plan be Prepared and submitted, which includes provision for the future shop shown on the site plan and also includes some sort of retention of stormwater runoff. 4). A letter from the NYS DOT regarding ingress and egress, and further RESOLVED, reserving the right to the applicant to apply, under the town law, for a variance of the stormwater management plan requirement, if necessary, and further RESOLVED, the Supervisor is hereby authorized and directed to sign the permit. Attorney Folmer explained the law states that the Town Board may grant a variance and seek Town and County Planning Board's recommendations. He suggested to Mr. Wendt, he may want to start with the variance request or speak with Amanda Barber of the Suter and Soil Conservation Department. Councilman Rocco made a motion, seconded by Councilman Testa, to recess the Regular Meeting to an Executive Session to discuss two matters of pending litigation. All voting aye, the motion was carried. The following information was received from the Supervisor's office. Councilman O'Donnell, made a motion, seconded by Councilman Testa., to adjourn the Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was carried. No action was taken. Councilman Pilato made a motion, seconded by Councilman Testa, to adjourn the regular meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:18 p.m. Respectfully submitted, Karen Q. Snyder Town Clerk Town of Cortlandville 1