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Home My WebLink About08-18-19991 8- AUGUST 18, 1999 5:22 P.M. PUBLIC HEARING ZONE CHANGE REQUEST CARL J. STALEY 3876 ROUTE 11, SOUTH TAX MAP #87.00-00-02-05.000 RECONVENED FROM JULY 21, 1999 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 a Zone Change request from Agricultural to Industrial for property located at 3876 Route 11, South. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, John Pilato Town Clerk, Karen Snyder Absent: Councilman, Ronal Rocco Others present were: Town Attorney, John Folmer; Highway Supt, Carl Bush; Town employee, Patty O'Mara; Joe Compagni and Brent Cross of Economy Paving; Town residents, Tom Huttleston, Carl Staley, Diane Sorrells, News Reporter, Angela Leddy. Supervisor Thorpe called the Public Hearing to order after the regular meeting was recessed. The Town Clerk read the Legal Notice at the scheduled Public Hearing of July 21, 1999. Attorney Folmer explained this Public Hearing had been recessed from July 21, and August 4, 1999, to allow the applicant an opportunity to be present. Supervisor Thorpe offered privilege of the floor to Carl Staley. Mr. Staley explained his request for a zone change for his property located at 3876 Route 11, from agricultural to industrial. This change would affect approximately V7 acre. Adding his property is a rental property and would be more desirable if it were zoned industrial. As the surrounding properties are zoned industrial. No further questions or comments were heard. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 5:25 p.m. 1 AUGUST 18,1999 5:00 P.M. 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, Raymond Thorpe Councilman, Theodore Testa ry Councilman, Edwin O'Donnell. Councilman, John Pilato Town Clerk, Karen Snyder Absent: W,-C unc man Ronaf-Rocco Others present were: Town Attorney, John Folmer; y Highwa` Sppt, Cailui§11" B Joe "and Brn- Cross f o o-Etno y Town "emp"16 yee,';'Patty O'MarA;4�u et In Paving; Town resident's', Tom HiAileston, Carl *Staley, Diane:So'iff--efis; a'n"& News Reporter, Angela'- Leddy. Supervisor Thorpe called the meeting to order. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to approve the Town Board Minutes of June 16, 1999 as written. All voting aye, the motion was carried. Motion by Councilman O'Donnell Seconded by'0ifincilnian Pilato � J VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers 'submitted,have, been audited,- and, shall be>,paid,.as follows: G e und A- Vouchers #363 $11-0,398.01,t*, neral-T -3877-d General Fund Bt,-,.. t975-102;.t"-' 58731 Highway Fund DB 316-349 $23,908.65 Water Fund 188-200 $ 4,761.19 Sewer Fund 100-110 $71,134.39 Capital Projects 46- 50 $ 1,732.24 Supervisor Thorpe offered privilege of the floor to Jim Coffin and John Owen from Time Warner Cable as scheduled on the agenda. Mr. Corrin and Mr. Owen were not in attendance. Monthly reports for July 1999 for the Supervisor and the SPCA are on the table for review and filed in the Town Clerk's office. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive amd'file'correspondebde fedm-16-c6ittand-Coun-ty- Business 'Dtvelopment 'Corp. dated c August 16, 1999. All voting, aye, the'nidtl6n wa s'affie d' The correspondence was in reference to the 'IDA'gigmn , g'9n option' agreement to purchase the Contento property located between 1-81 and Route 1 IN. A discussion occurred regarding the Storm Water Management application. Supervisor Thorpe stated Joseph Compagni has waited long enough for a decision on his Aquifer Permit. Soil and Water Conservation Department is an advisor to the Town Board and not a controlling board. Their interest is in large developments protecting the aquifer. AUGUST 18, 1999 TOWN BOARD MEETING PAGE 2 The Board is concerned with approving Aquifer Permits without Soil & Water Conservation's recommendations received before hand. Town Attorney Folmer agreed Mr. Compagni has been held up long enough for his proposed project. However Mr. Folmer commented a precedent could be set granting an Aquifer Permit before recommendations are received from other departments. Mr. Fohner suggested approving Aquifer Permits subject to conditions approved by the Town Planning Board. Joe Compagni of Economy Paving commented, Brent Cross has prepared and submitted a Storm Water Management plan to the Soil and Water Conservation Department that Economy Paving is prepared to implement. Brent Cross, consultant for Economy Paving, stated he has responded to the five concerns Soil and Water Conservation had raised. Soil & Water seemed to be satisfied. Attorney Folmer stated the Town Board has approved the Aquifer Permit for Economy Paving. He read the resolution aloud. The resolution reserves the applicant's right to apply for a variance of the Storm Water Management Plan, if necessary. The Planning Board, in effect, waived the strict requirements of the Storm Water Management Plan for Economy Paving. A recommendation to the Town Planning Board to waive Storm Water Management requirements if necessary, was discussed. Attorney Folmer will be at the next Planning Board meeting to discuss this recommendation. RESOLUTION #145 RECOMMEND TOWN PLANNING BOARD WAIVE STORM WATER MANAGEMENT REQUIREMENTS IF NECESSARY Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Town Board has received several complaints concerning Soil and Water Conservation's Storm Water Management requirements delaying the Aquifer Permit process, and WHEREAS, the Town Attorney has recommended this process can be accomplished by a variance issued through the Town Planning Board, therefore BE IT RESOLVED, the Town Board does hereby recommend to the Town Planning Board to waive Storm Water Management requirements if necessary, in order f or the Town Board to process an Aquifer Protection Permit. A discussion was held concerning the problems compiled with the regulations for the Storm Water Management regulations and the delays in the Aquifer Permit process. Attorney Folmer explained the Storm Water Management requirements are not Town Board generated. They are generated by regulations of the State of New York. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file correspondence dated August 6, 1999 from the NYS Office of Real Property Services. All voting aye, the motion was carried. This correspondence was in reference to the 1998 Maintenance Aid Certification for the Town. Town Clerk, Karen Snyder, read a segment of the letter from NYS Office of Real Property Services congratulating Town Assessor, David Briggs and County Director of Real Property Tax Services, William Cinquanti, for maintaining the high standards set by the State for property tax administration. Attorney Folmer reported: Lockbox Proposed Local Law: Attorney Folmer circulated and explained a resolution for the proposed local law and requested a Public Hearing. He also explained the term "Knox Box" is a manufactures name and should not be used in the resolution. 1 1 1 AAl AUGUST 18, 1999 TOWN BOARD MEETING PAGE 3 Supervisor Thorpe apprised those in attendance, a lockbox was installed at the Town Hall !Outside the vestibule ill case of emergency. RESOLUTION #146 SCHEDULE A PUBLIC HEARING FOR PROPOSED LOCAL LAW #4 OF 1999 PERTAINING TO LOCKBOXES Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: , ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for September 1, 1999 at 7:00 p.m. for proposed Local Law #4 pertaining to Lockboxes. Attorney Folmer continued: Sterling Park: Attorney Folmer has received the deed and security.:. deposit for Sterling Park. Highway Supt. has stated the Town can now accept the conveyance of Sterling Park. RESOLUTION #147 ACCEPT ROAD DEDICATION OF STERLING, PARK FROM DEVELOPER SCOTT FLATT, UBJECT TO TOWN ATTORNEY APPRnVA Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, the Town of Cortlandville Highway Supt. has inspected the road called Sterling Park and has determined that such road has been constructed in accordance with Town standards, therefore BE IT RESOLVED, the Town Board does hereby accept the dedication of the road known as Sterling Park, subject to Town Attorney approval. - - Attorney Folmer requested an Executive Session following tonight's meeting to discuss pending litigation. RESOLUTION #148 REFER ZONE CHANGE REQUEST SUBMITTED BY` RENSSLEAR & MARJORIE LIVINGSTON FOR PROPERTY OWNED BY DAVID & PATRICIA HUNSINGER TO THE TOWN AND COUNTY PLANNING - BOA D Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES:: ALL A, _ADOPTED BE IT RESOLVED, a Zone Change request, submitted by Rensslear & Marjorie Livingston, for property located at 3872 Route 11, owned by David & Patricia Hunsinger, tax map #87.00-02-04.000, shall be forwarded to the Town and County Planning Boards for their review and recommendation, and it is further Resolved, the Town Board does hereby request consideration be given to the input from Cortland County Soil & Water Conservation Department.. . !%k AUGUST 18, 1999 TOWN_ BOARD MEETING PAGE4 RESOLUTION #149 REFER ZONE CHANGE REQUEST OF DIANE SORRELLS.CAMILLO TO TOWN AND COUNTY - PLA,NNING BOARDS Motion by Councilman O'Donnell . Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Zone Change request, submitted by Diane Sorrells Camillo, for property located from Carroll Street to the Village of Homer limits north, and to the City of Cortland limits south, shall be forwarded to the Town and County Planning Boards for their review and recommendation. RESOLUTION #150 ACCEPT RESIGNATION OF ROBERT BUERKLE FROM THE TOWN PLANNING BOARD Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the notice of resignation from Robert Buerkle from the Town Planning Board, is hereby accepted, with regret, to be effective August 18, 1999, and shall be received and filed: Councilman O'Donnetsu.ggested Supervisor Thorpe write to Mr. Buerkle. As Mr. Buerkle has done an excellent job on the Planning Board with many accomplishments. RESOLUTION #151 APPOINT NICK RENZI TO THE TOWN OF COR.TLANDVILLE PLANNING BOARD Motion :by Councihmn)Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a vacancy has occurred on the Town Planning Board, due to the resignation of Robert Buerkle, therefore BE IT RESOLVED, the Town Board does hereby appoint Nick Renzi, of 1149 Davinci Drive Cortland, NY, as a member of the Town Planning Board to fill the-.remaining,term of Robert Buerkle, and it is further RESOLVED; this appointment sliall take;Wect August 18; 1999 to December 31, 1999. Supervisor Thorpe apprised the Board of a letter for their information, from Town Engineer Hayne Smith to Jon Edinger of the NYS DOT referring to the Town's water project on Route 13. Councilman O'Donnell made a motion, seconded by Councilman Testa, to recess the Regular Meeting to hold the recessed Public Hearing for a Zone Change request. All voting aye, the motion was carried. The meeting was recessed at 5:22 p.m. The public Hearing closed at 5:25 p.m. Councilman Testa made a motion, seconded by Councilman Pilato, to reconvene to the Regular Meeting. All voting aye, the motion was carried. AUGUST 18, 1999 TOWN BOARD MEETING PAGE 5 RESOLUTION #152 DECLARE NEGATIVE IMPACT FOR ZONE CHANGE REQUEST FOR CARL J. STALEY FOR PROPERTY LOCATED Al 3876 ROtTTP I I Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, a Zone Change request was submitted by Carl J. Staley .for his property located at 3876 Route 11, tax map #87.00-02-05.000, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board, as Lead Agent, does hereby declare the proposed Zone Change request, shall have no significant environmental impact. Motion by Councilman Pilato 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 a Zone Change request, submitted by Carl J. Staley for property located at 3876 Route 11, tax map #87.00-02-05.000. RESOLUTION #154 ADOPT LOCAL LAW # 3 OF 1999 AUTHORIZING A ZONE CHANGE AT 3876 ROUTE I 1 SUBMITTED BY CARL J. STALEY AND AMEND THE ZONING !LAW OF THE TOWN OF CORTLANDVILLE Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, an application for a Zone Change from the present Agricultural Zone to Industrial, was submitted by Carl J. Staley, for a ` 2 acre parcel of land at 3876 Route 11, Cortland, NY, tax map #87.00-02-05.000, and WHEREAS, the County Planning Board and the Cortlandville Town Planning Board have reviewed and recommended approval of such request, therefore BE IT ENACTED, by the Town Board of the Town of Cortlandville as follows: SECTION 1. The Town of Cortlandville Zoning Local Law be and hereby is amended by this Local Law as follows: The following property situated at 3876 Route 11, Town of Cortlandville and identified below is hereby zoned and designated Industrial District under the Town of Cortlandville Zoning Local Law, subject to all regulations created and established relative to said District: 87.00-02-05.000 3876 Route 11 Carl J. Staley SECTION 2. Re ul All ordinances, local laws and parts thereof inconsistent with this Local Law are hereby repealed. SECTION 3. Effective Date This Local Law shall take effect immediately upon filing in the office of the New York State Secretary of State, as required by Law. 114 AUGUST 18, 1999 TOWN BOARD MEETING PAGE-6 Carl Staley thanked the Board for the approval of a Zone Change. He informed the Board he would be interested in a position on the Planning Board, if another became available. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to recess the Regular Meeting to an Executive Session to discuss pending litigation. All voting aye, the motion was carried. The meeting was recessed at 5:30 p.m. 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 O'Donnell made a motion, seconded by Councilman Pilato, to adjourn the regular meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:50 p.m. Respectfully submitted, v1 4aren Q. Snyder Town Clerk Town of Cortlandville