Continued Public Hearing to Consider an Application by David Katleski, Doing Business As

7:30PM – CONTINUED PUBLIC HEARING – TO CONSIDER A PROPOSED LOCAL LAW ENTITLED, “A LOCAL LAW TO AMEND CHAPTER 180 OF THE CODE OF THE VILLAGE OF CAZENOVIA.” THE PURPOSE AND EFFECT OF THE LOCAL LAW IS TO DELETE “MILLING OF FLOUR, FEED OR GRAIN” FROM THE LIST OF ABSOLUTELY PROHIBITED USES WITHIN THE VILLAGE CONTAINED IN SECTION 180-5 OF THE VILLAGE ZONING CODE May 6, 2013

CONTINUED PUBLIC HEARING TO CONSIDER AN APPLICATION BY DAVID KATLESKI, DOING BUSINESS AS EMPIRE FARMSTEADBREWERY, FOR A CHANGE OF ZONING CLASSIFICATION OF THE PREMISES LOCATED ON ROUTE 13 SOUTH BEING TAX PARCEL #94.-1-2, FROM ITS PRESENT ZONING CLASSIFICATION R-30 (RESIDENTIAL DISTRICT) TO PD (PLANNED DEVELOPMENT DISTRICT) TO PERMIT THE DEVELOPMENT OF THE SUBJECT PREMISES FOR THE OPERATION OF A MIXED USE AGRICULTURAL / BEER BREWING FACILITY AND ASSOCIATED VISITOR ACCOMODATION AREAS.

MEMBERS PRESENT: Mayor Kurt Wheeler, Trustee Amy Mann, Trustee Peggy Van Arnam, Trustee Dave Porter, Trustee Jim Joseph

ALSO PRESENT: Jim Stokes, Bill Carr, Mike Hayes (see list for remainder present).

Mayor Kurt Wheeler opened the first continued public hearing at 7:30 pm and explained that the public hearing has dual topics. The first phase is to consider a proposed local law entitled, “A local law to amend chapter 180 of the code of the Village of Cazenovia.” The purpose and effect of the local law is to delete” milling of flour, feed or grain” from the list of absolutely prohibited uses within the Village contained in Section 180-5 of the Village Zoning Code.

There were no comments

The second phase of the continued public hearing was to consider an application by David Katleski, doing business as Empire Farmstead Brewery for a change of zoning classification of the premises located on Route 13 South being Tax Parcel #94.-1-2, from its present zoning classification of R-30 (Residential District) to PD (Planned Development District) to permit the development of the subject premises for the operation of a mixed use agricultural / beer brewing facility and associated visitor accommodation areas. Mayor Wheeler asked that comments remain brief and contain new comments as the Board has received extensive comments both for and against the project and all input is being looked at very carefully. Mayor Wheeler added the Village Planning Board had asked for four studies to be completed that pertain to the SEQR Full Environmental Assessment Form.

Attorney for the Village Jim Stokes further explained that the applicant has recently submitted four studies pertaining to this project as part of the Village’s State Environmental Quality Review Act responsibilities. Two letters were submitted by Jim Napoleon & Associates (Transportation Engineering Consultants) concerning the maximum potential traffic related impacts of the development, an archaeological background review submitted by Alliance Archaeological Services, an odor screening evaluation completed by Barton & Loguidice and a extensive visual assessment completed by EDR (Environmental Design & Research, Landscape Architecture and Engineering, P.C.). Mr. Stokes noted that these studies are part of the public record. If someone desires to submit a rebuttal or a response they do have that option.

Mr. Katleski reported he had been working on this Farmstead Brewery project for approximately 2 ½ years and has tried to keep the public up to speed on the intentions of this project. Mr. Katleski expressed his desire to correct some statements made or published about the project that were inaccurate. Mr. Katleski has completed all studies requested by the village to fulfill SEQR including Noise Study, Odor Analysis, Visual Impact Study, Archaeological Study and Traffic Study. Mr. Katleski briefly explained the outcome of each analysis. Mr. Katleski announced and showed images of a significant change to the building design. The new design is smaller, has a pitched roof more typical of Central New York agricultural uses. Mr. Katleski reviewed other changes had made to this project in response to public input including increased buffering and changes to the parking plan.

Trustee Van Arnam thanked Mr. Katleski for doing all of the studies that he has submitted.

Trustee Porter also thanked Mr. Katleski for listening to the architectural feedback and the new model certainly shows some improvements.

Matt Critz from Critz Farms, located on Rippleton Road addressed some of the articles that he had read in the newspapers. Mr. Critz reported he had approximately 60,000 visitors a year at his farm and garbage was not a problem. On some Monday mornings someone might have to spend a few extra minutes picking up the parking lot. Mr. Critz read in one of the articles that due to the brewery project there would be garbage on the CPF trails in that area. And that Mr. Critz had a CPF trail that runs through his property and garbage has never been a problem there. Another item brought up in the articles was the safety of the people living near the brewery project. Mr. Critz noted that he raised three children on his farm/business and now has grandchildren and he has never feared for his family. Additionally the article stated that strangers would be building the brewery and that wouldn’t be true as both he and Owahgena Vineyards used as many local contractors as possible and he would refer to them as neighbors or friends rather than strangers. Mr. Critz pointed out that the average barn size in the Town of Cazenovia is well over 40,000 square feet which is twice the size of the brewery. Mr. Critz reported that another myth he has heard about was the tractor trailers and their back up alarms. He noted tractor trailers do not have back up alarms. Other trucks such as UPS trucks do have alarms and if this property was made into a residential track you would hear the backup alarms.

John Henneberg of Henneberg Tavern who is in favor of this brewery project wanted to discuss three quick points. First, he and his wife visit breweries quite often and easily spend five or six hundred dollars a trip for lodging, meals, shopping and the same could be happening in Cazenovia which would be good for all local merchants. Mr. Henneberg reported that for every $1000 worth of sales tax collected in Cazenovia, 2.93% goes to the Town of Cazenovia while 1.14% goes to the Village and that 25% [sic] of the village operating budget comes from sales tax.

Mr. Henneberg commended Mr. Katleski for helping the local economy and trying to create 25 to 30 jobs for people in this area for the brewery. This does not include drivers or salesmen. This is a win-win situation for the Town and the Village. It will help keep people here.

Beth McKellips, the Agriculture/Economic Director of Cornell Cooperative Extension of Madison County agreed with the comments made by Mr. Henneberg. Ms. McKellips also pointed out Mr. Katleski has been very supportive of other businesses especially the local farms in the area. This project would be between Critz’s Farm and Owahgena Vineyards and would help to create economic and tourism opportunities that would bring positive benefits to this area.

Charlie Andrews, a neighbor of this project reported Dave Katleski has gone through 14 to 15 meetings which is more than most. Mr. Andrews feels this project is a positive for the community. It will have the ripple effect and help the whole community. He also pointed out that Mr. Katleski has been accommodating with the design as it is now more farm friendly with a slanted roof. Mr. Andrews added he respects Jody Reynolds being next door to this project and that it will have an impact on her but we have to look at this as a whole and need to get this project done.

Kris Dourdos who worked for David a few years back talked about his character and that he is passionate about what he does and puts every ounce of energy into what he does. Mr. Dourdos added he thought the building was good looking but understood if you lived next to the project how you might be affected slightly. It is a good and local thing. He promised that Mr. Katleski was not out to hurt anyone.

Harlan LaVine, a real estate appraiser who has been retained by Ms. Reynolds and is familiar with the area reported he has done many appraisals in the area both residential and commercial and Ms. Reynolds property will be severely impacted by the brewery project and she will lose a substantial amount in value. Secondly, a zone change on this property from R-30 would be a spot zone and is nonconforming with other village properties. It is out of character with the surrounding areas. Mr. LaVine added he had assessed Utica and Miller breweries and he felt they were for industrial use, not farm use as this would be.

Melody Scalfone, who is representing Ms. Reynolds, a neighbor adjacent to this project wanted to focus on the issue at hand which is zoning. Ms. Scalfone pointed out the Village must follow the Comprehensive Plan. She also added the proposed amendment to the zoning map was a classic case of spot zoning. A key question would be is this zone change the benefit for the owner or for the welfare of the community?

Sam Ehrenfeld asked Mr. LaVine about the amount of barrels that came out of the breweries he had assessed to contrast commercial brewing operations such as Miller with farmstead breweries such as the one proposed.

Veronica Pedraza who is the head cheese maker at Meadow Wood Farm stated that all breweries aren’t industrial as there is an economy of scale with everything as with her cheese making.

Juanita Critz stated she thought this location was the right location for the farmstead brewery as this will save the 21 acre parcel of agricultural land rather than have it be made into residential housing as it is zoned at the present time. This is surrounded by protected land.

Anne Ferguson agreed with the earlier comments made regarding bringing a brewery to Cazenovia but felt it should go on Route 20. Focus should be on if this is the best place for this industrial type business? Is it right for the Village to change zoning for this one business?

Bob Ridler reminded the Board that Empire Brewery is a company or a business and businesses do things for economic reasons. Mr. Ridler wasn’t sure if this was a privately owned business or if there were shareholders. A farm brewery produces beer from the crops grown on the farm. This property is of 22 acres which some is wetlands. According to Mr. Ridler’s calculations it would take more than 700 acres of land to produce the grain needed to brew the 60,000 barrels of beer that has been talked about. Mr. Ridler added he felt this was not a farmstead brewery or not even a craft brewery as a craft brewery produces 15,000 barrels.

Mr. Katleski corrected Mr. Ridler regarding the definition of a craft brewery as a craft brewery produces 6,000,000 barrels or less.

Mr. Ridler added that saying this is not an industrial project is not correct. In closing Mr.Ridler stated this is great for the community for all the reasons that have been stated but it does not belong in this area.

Bob O’Leary who is Mr. Katleski’s attorney reported that Mr. Katleski is the sole shareholder of this project and Empire Brewery.

Chad Meigs, a hops grower in Cazenovia said it was people like Dave that keep his family employed and able to live in Cazenovia.

Kipp Hicks of the Madison County Industrial Development Agency stated New York State has recognized this project. This land has been farmed for many years, and the value-added agriculture aspects of the project are a good fit for the proposed area. This project could be located in many different places such as downtown Syracuse, the Village of Canastota or the City of Oneida. All of these places would welcome Empire Farmstead Brewing Company’s investment and jobs in their community.

Village resident John Ridings thought it would be a shame to change the zoning as the Village worked so hard on the Comprehensive Plan and would hate to see it lost.

Matt Volz, manager of Greyrock Farms moved back to Cazenovia three years ago. Mr. Volz stated that Dave and Karen Katleski have helped him and other young people who want to get into farming and he feels this would be a positive change for the community and a huge benefit.

Kate Brodock? is fully in support of this project. Ms. Brodock compared the look of Dave’s project to the ugly brown building at the end of the lake. She would think the neighbors of both of these properties should be happy with the looks of Dave’s project.

Ray Mitchell worked in a bottling plant for years and felt this project would be great for the Village and Town.

Jane Nicholson-Dourdo, senior planner for the Town of Dryden strongly supports this brewery project. Ms. Nicholson-Dourdo added Dryden is surrounded by many breweries and wineries and its economy is thriving. This community needs economic development.

Madeleine Hartt, a neighbor of the proposed project reported her view would be the roof of the project as her house is a little bit higher. She feels that this project is too big for this location and that it would fit better the 60 acre lot on Route 20. This project will lower the value of her house.

Nathan Forster new to the area from Brooklyn, thought it was remarkable that David was still here working on this project. He felt that after being in the brewery business for 25 years, Mr. Katleski would know if this location for the project was big enough or not. Mr. Katleski is very dedicated.

Tim Biello reported he is in full support of this project as he is a local farmer and appreciates Dave’s support.

Motion made by Mayor Wheeler and seconded by Trustee Mann to close both the public hearing pertaining to milling of grain as well as the public hearing related to the zone change.

Vote taken. All aye. Approved.

Mayor Wheeler reported the Planning Board has the studies they have requested and will be reviewing all the information it has received. The Planning Board will then make a recommendation to the Village Board.

The Village Board will then make a decision regarding the zone change. After the zoning change is approved, the Planning Board will be reviewing the site plan.

Motion made by Mayor Wheeler and seconded my Trustee Mann to schedule a special meeting of the Board of Trustees to consider the advisory opinion of the Planning Board as well as the alteration of the Village Code pertaining to milling.

Vote taken. All aye. Approved.

Respectfully submitted,

Katherine A. Burns

Village Clerk

8:54P.M. – PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW ENTITLED,”A LOCAL LAW TO AMEND SECTION 180-117 OF THE CODE OF THE VILLAGE OF CAZENOVIA”. THE PURPOSE AND EFFECT OF THE LOCAL LAW IS TO ADD TO THE CURRENT LIST OF SIGNS ALLOWED WITHOUT A PERMIT, SIGNS IDENTIFYING SPONSORS OR BOOSTERS MOUNTED TO THE INWARD FACING SIDE OF FENCES UPON ATHLETIC FIELDS OWNED AND OPERATED BY SCHOOLS, POST-SECONDARY EDUCATIONAL INSTITUTIONS AND/OR NOT-PROFIT ORGANIZATIONS, PROVIDED THAT EACH SIGN SHALL NT EXCEED 16 SQUARE FEET IN AREA. May 6, 2013

MEMBERS PRESENT: Mayor Kurt Wheeler, Trustee Amy Mann, Trustee Peggy Van Arnam, Trustee Dave Porter, Trustee Jim Joseph

ALSO PRESENT: Jim Stokes, Bill Carr, Mike Hayes (see list for remainder present

Mayor Wheeler opened the hearing with a few comments. The Board has done some investigation regarding the issue. This request came with specific reference to Vet’s Field but anywhere the signs are placed on that fence so they will be visible from the stands, they will also be seen by the neighbors and form the street. Similar visual impacts would occur at the high school field as well as the college athletic field and Burton St. fields. Trustee Mann had also looked at the fields and came to the same conclusion as the Mayor.

Trustee Joseph suggested that the colors of the signs could be muted. Standards on the quality of the sign could also help to reduce negative visual impact. Trustee Van Arnam stated the Village Board has spent much time designing the sign regulations and the Planning Board spends much time with various sign requests. The Presbyterian Church (a non- profit) has a fence in front of the church and they ask permission to post signs there for varies activities such as their Lenten service. Trustee Van Arnam pointed out Cazenovia College is promoting a fence around their athletic field that will likely be considered by them as being part of the ball field. Trustee Van Arnam feels the Board needs to be very careful with this subject. Trustee Van Arnam walked the ball fields and came up with the same conclusion as Mayor Wheeler and Trustee Mann as far as the signs being seen by the neighbors. Trustee Van Arnam feels that what the Village has now regarding signs works well. Trustee Porter agreed with Trustee Joseph regarding the color of the signs. He felt the Board should consider the signs.