HomeMy WebLinkAbout04-12-199547
APRIL 12, 1995
PUBLIC HEARING
AQUIFER PERMIT - SUIT-KOTE CORP.
7:00 P.M.
A Public Hearing was held by the Town Board of the
Town of Cortlandville on April 12, 1995 at 7:00 p.m. 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;
many Town residents and representatives from Suit-Kote
Corp., and News Reporter, Lisa Hutchurson.
The Public Hearing was called
Supervisor Thorpe at 7:00 p.m.
The Town Clerk read aloud the
posted and filed.
to order by
Legal Notice as
Supervisor Thorpe stated to those in attendance
that this proposition has been reviewed and heard by
three other Boards. The County Planning Board, the
Cortlandville Zoning Board of Appeals and the
Cortlandville Planning Board. The Variance and Site
Plan review also required a Public Hearing. These
actions have been approved by the involved Boards, with
conditions. This Public Hearing is to address only the
Aquifer Permit application, not those concerns that were
addressed by the other Boards. The Aquifer Permit has
also been reviewed by the County and Town Planning
Boards and they have recommended approval, with
conditions. We will not deal with the issue of zoning
tonight, however we will be reviewing the Environmental
Impact Statement.
He requested those in attendance to keep their
questions related to the aquifer permit process.
Supervisor Thorpe stated that he will request a
representative of Suit-Kote to speak first, and will
I
ollow with a general discussion for anyone in
attendance. He requested any presentation be limited to
a 30 minute period.
Councilman Rocco stated that he was excusing
himself from participating in the topic at hand for
reasons of a personal nature.
Attorney John Ferguson, introduced those in
attendance representing Suit-Kote, and their position.
They can answer any questions concerning their
operations. They are requesting approval to relocate
and modify an existing asphalt manufacturing plant.
He reviewed the history of Suit-Kote and explained
their operations, and the required changes to date. A
review of the permit process, to date, was explained.
43
APRIL 12, 1995 PUBLIC HEARING PAGE 2
Many questions were asked by those in attendance.
Many aspects of Suit-Kote operations were
questioned and explained by those in attendance.
Attorney Folmer informed area residents that many
of their concerns have been addressed by other boards
actions. There have been several conditions adhered to
the approved permits concerning the operations of Suit-
Kote.
A letter, dated April 12, 1995, was partially read •
and submitted by Judy Neville. Responses were given at
the time.
Councilman O'Donnell made a motion, seconded by
Councilman Testa, to adjourn the Public Hearing. All
voting aye, the motion was carried.
The Public Hearing was closed at 8:05 p.m.
Representatives of Suit-Kote introduced:
Frank Suits Jr. - President
Dan Hogan - Safety Director
Mike Guerin - Director of Technical Services
Richard Shultz -= Opera -Lions Manager
Jim Nugent - Supt. of the Construction Project
Charles Seymour
Others in attendance that spoke
Judy Neville, Lorings Crossings resident
Betty Wood
Cheri Sheridan - Lorings Crossings resident
Archie Loomis - Lorings Crossings resident
Amanda Barber - Cortland County Soil & Conservation
Sandy Panzanella - owner of Yellow Lantern
Campground
Robert Rainbow -- property owner next to river
•
49
APRIL 12, 1995
SPECIAL TOWN BOARD MEETING
A Special Meeting of the Town Board
Cortlandville was held at 6:30 p.m. at
3577 Terrace Road, Cortland, New York
Raymond Thorpe presiding.
6:30 P.M.
of the Town of
the Town Hall,
with Supervisor
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,
James Marshall and Ted Marshall of Marshall Bros. Inc.
and many regarding Suit-Kote. see attached
Supervisor Thorpe called the meeting to order at
6:30 p'.m.
Supervisor Thorpe apprised those in attendance that
the Town Board held a Public Hearing for Marshall Bros.
Inc. on April 5, 1995. We will now conclude the process
for their Special Aquifer Permit application.
Attorney Folmer read aloud, for Town Board review
and discussion, the Environmental Assessment Form for
Marshall Bros., Inc. Aquifer Permit.
During the review, Councilman O'Donnell advised of
the conversation he has had with Cortland County Health
Department and the Planning Department regarding the
monitoring wells. There are three monitoring wells on
their property that NYS DEC is controlling. They also
have two wells used for drinking water, that are being
monitored. NYS DEC requires testing to be done
quarterly at the present time. Concern has been
expressed by the County Health Dept. and neighbors that
they want the monitoring to be required, even after DEC
has approved, and the testing requirement be ceased per
NYS DEC regulations.
RESOLUTION #73 DECLARE NEGATIVE IMPACT OF SEQRA,
AS LEAD AGENCY, FOR MARSHALL BROS.
INC. - AQUIFER PERMIT #2 OF 1995
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, an Aquifer Special Permit application was
submitted by Marshall Bros. Inc. for construction of a
new building, install two 10,000 gallon underground
tanks, install new driveways and parking areas, install
new gasoline islands and canopy resurfacing of all
existing driveways and parking areas at their property
located at Route 11, Polkville, at Exit 10, off the
Route 81 south bound ramp, and
WHEREAS, a Public Hearing was duly held by the Town
Board, and
WHEREAS, the Town Board, as Lead Agency, duly reviewed
and completed the Short Environmental Assessment Form
for Marshall Bros., Inc., therefore
BE IT RESOLVED, the proposed project of Marshall Bros.
50
APRIL 12, 1995 SPECIAL MEETING PAGE 2
Inc. shall have no significant environmental impact, and
FURTHER RESOLVED, the Supervisor is hereby authorized
and directed to sign the SEQRA application.
RESOLUTION #74 APPROVE AQUIFER SPECIAL PERMIT #2 OF
1995 FOR MARSHALL BROS. INC., WITH
CONDITIONS
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby approve
Aquifer Special Permit #2 of 1995, submitted by Marshall
Bros., Inc. with the following conditions as recommended
by the Cortland County Planning Board and Town Planning
Board, as modified:
1.) The applicant demonstrates that one (or both)
of the water supply wells meets drinking water
standards in compliance with the requirements
of the Cortland County Health Department.
2.) That a pump test demonstrates that one (or
both) of the water supply wells can sustain
the necessary yield while maintaining water
quality.
3.) That a number of pumps in the gasoline island
be reduced from four to three if the well
currently serving the facility is utilized to
protect the well from traffic.
4.) That pending negative results with existing
wells, and alternative water supply can be
found which meets water quality and quantity
requirement, and
5.) Three (3) no parking signs to be located along
the southern edge of pavement.
6.) An 8' solid wooden fence of substantial
construction to be installed along the back
yard properties of Vandeburg, Paro, and Harter
to the east.
7.) Three (3), five (5) minute idling signs shall
be placed .in different, full view, locations
on the property.
r�
8.) The propane tanks are to be moved 10' from the •
proposed site.
9.) Parking for only ten (10) tractor trailers.
RESOLUTION #75 DECLARE NEGATIVE IMPACT OF SEQRA,
AS LEAD AGENCY,FOR GUTCHESS LUMBER
AQUIFER PERMIT #1 OF 1995
Motion by Councilman Rocco
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
WHEREAS, an Aquifer Permit application was submitted by
Gutchess Lumber requesting additions to building #6 for
Im
APRIL 12, 1995 SPECIAL MEETING PAGE 3
new production line and storage and enclose existing
roof structure for climate control at their property
located at 150 McLean Road, and
WHEREAS, a Public Hearing was duly held by the Town
Board, and
WHEREAS, the Town Board, as Lead Agency, duly reviewed
and completed the Short Environmental Assessment Form,
therefore
BE IT RESOLVED, it has been determined the proposed
project of Gutchess Lumber shall have no significant
environmental impact, and
FURTHER RESOLVED, the Supervisor is hereby authorized
and directed to sign the SEQRA application.
RESOLUTION #76 APPROVE AQUIFER SPECIAL PERMIT #1 OF
1995 FOR GUTCHESS LUMBER
Motion by Councilman Rocco
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
WHEREAS, the Cortland County Planning Board and the
Cortlandville Town Planning Board have reviewed and
recommended approval, without conditions, therefore
BE IT RESOLVED, the Town Board does hereby approve
Aquifer Permit #1 of 1995 for Gutchess Lumber, 150
! McLean Road, and further
RESOLVED, the Supervisor is hereby authorized and
directed to sign the permit.
Councilman O'Donnell made a motion, seconded by
Councilman Testa, to recess the Special Meeting to hold
a Public Hearing for an Aquifer Permit for Suit-Kote
Corp. All voting aye, the motion was carried.
Supervisor Thorpe reopened the Special Meeting.
Town Attorney, John Folmer, explained the process
and procedures that have occurred to date. It is the
responsibility of this Board to again review the SEQRA
Long Form for this project. The Town Zoning Board of
Appeals and the Town Planning Board have also reviewed
this form. Their conclusions may be different because
their focus was different than the requirement of this
Board.
The Town Zoning Board of Appeals was acting for a
Variance procedure. They addressed and concluded their
requirements, declaring a negative impact. They approved
the Variance, with conditions.
The Town Planning Board accomplished their SEQRA
review based on the criteria necessary for a Site Plan,
declaring a negative impact. This was approved, with
conditions.
He informed the Town Board that they need to be
concerned about the provision of the Town's Zoning
Ordinance that a Non -Conforming Use, which this clearly
is, may be continued and maintained so long as it
remains otherwise lawful. The granting of the Variance,
as it stands right now, probably makes this use, a
lawful use. However, no such use shall be enlarged,
altered, extended or operated in anyway which increases
52
APRIL 12, 1995 SPECIAL MEETING PAGE 4
its threat to groundwater quality, or otherwise
contravenes with the purpose and intent of this Article,
as has been pointed out, has the purpose of maintaining
a safe and healthy drinking water supply.
When the review is done, you need to take into
account the Boards that have reviewed this and the
conditions and recommendations they have set forth.
These conditions were read.
He reviewed the three step process for the review
of the SEQRA form. You go through and you identify
whether or not there are impacts, having identified
those impacts, you then need to determine whether they
are small to moderate, or potentially large. Those that
you identify as being potentially large, you must
address whether or not mitigating factors have been
addressed so that even though the potential is large,
its significance becomes not important.
If you have determined that there are no large and
important impacts, you may issue a negative declaration.
A reminder that your concern is the issuance of the
Aquifer Permit itself. Some of the factors heard
tonight from those who have spoke, have all ready been
addressed by other boards.
As an independent agency, you are required to make
this review on your own.
The SEQRA Long Form was reviewed and completed.
RESOLUTION #77 :DECLARE NEGATIVE IMPACT OF SEQRA,
AS LEAD AGENCY FOR SUIT-KOTE CORP.
AQUIFER PERMIT #3 OF 1995
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: AYE O'Donnell,Testa,Pilato
Abstained Rocco
ADOPTED
WHEREAS, an Aquifer Permit application was submitted by
Suit-Kote Corp. requesting to relocate modified asphalt
manufacturing process for safety purposes at their
property located at 1911 Lorings Crossings Road in the
Town of Cortlandville, and
WHEREAS, a Public Hearing was duly held by the Town
Board, and
WHEREAS, the Town Board, as Lead Agency, duly reviewed
and completed the SEQRA, Long Environmental Assessment
Form for Suit-Kote Corp., therefore
BE IT RESOLVED, the proposed project of Suit-Kote Corp.
shall have no significant environmental impact, and
FURTHER RESOLVED, that the Supervisor is hereby
authorized and directed to sign the SEQRA application.
RESOLUTION #78 APPROVE AQUIFER SPECIAL PERMIT #3 OF
1995 FOR SUIT-KOTE CORPORATION WITH
CONDITIONS
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: AYE O'Donnell,Testa,Pilato
Abstained Rocco
1
40
•
ADOPTED
53
APRIL 12, 1995 SPECIAL MEETING
PAGE
BE IT RESOLVED, the Town Board does hereby approve
Aquifer Special Permit #4 of 1995, submitted by Suit-
Kote Corp. with conditions, as recommended and adopted
by the Cortland County Planning Board, Cortlandville
Zoning Board of Appeals, and the Cortlandville Planning
Board, as follows:
CORTLAND COUNTY PLANNING BOARD
RESOLUTION #95-6 ADOPTED MARCH 15, 1995
• 1.) Demonstration of compliance with NYS DEC
Petroleum and Chemical Bulk Storage Tank
Programs, including any requirements for the
movement of tanks from Syracuse and Buffalo to
Cortland, and any requirements for the Major
Off -Shore Facility designation.
2.) Submission of information to the Cortland
County Health Department (Joan Guard)
detailing the leak detection systems ("bells
and whistles") on the tanks which will be
brought from Suit-Kote's Syracuse and Buffalo
facilities.
3.) Submission of an amended Spill Prevention
Control and Countermeasure (SPCC) plan for the
site (as expanded) which is acceptable to NYS
DEC.
4.) Demonstration of compliance with NYS DEC State
Pollution Discharge Elimination System (SPDES)
program.
5.) Submission of compaction test data and
acceptable "as built" engineered site plans
and specifications to the Cortland County
Director of Public Health.
6.) Submission of hydrologic data, including
boring and well log data, and groundwater
elevation data, if monitoring wells are
required by the New York State Department of
Environmental Conservation. Suit-Kote should
also submit copies of any monitoring
(chemical) data which is generated from the
site to the Cortland County Groundwater
Management Coordinator and the Town of
Cortlandville. It should be noted that
Planning and Health Department files may have
information which will be useful to the
applicant and NYS DEC when determining the
• location of ground water monitoring wells.
CORTLANDVILLE ZONING BOARD OF APPEALS
RESOLUTION #8 ADOPTED MARCH 16, 1995
1.) Compliance with conditions included in the
recommendation of the Cortland County
Planning Department resolution #95-6, such
conditions being incorporated in this
resolution by reference.
2.) All necessary permits, regardless of issuing
agency of the Local, State and Federal
Government shall be obtained by applicant in a
timely and appropriate manner before
construction of the facility which is the
subject of this application is continued, and
during any such construction, permits shall be
obtained and maintained as required by any
such issuing agency.
54
APRIL 12, 1995 SPECIAL MEETING
PAGE 6
3.) Applicant is to obtain the said permits as
required and provide proof of such to the
Zoning Enforcement Officer of the Town who is
directed to monitor the construction and
permit processes.
4.) The Town .Attorney is directed to communicate
to the Town Board the consensus of this Zoning
Board that the New York State Department of
Transportation should be contacted and
requested to install a traffic control light
at the intersection of Route 13 and Lorings
Crossing Road.
CORTLANDVILLE TOWN PLANNING BOARD
RESOLUTION #50 ADOPTED MARCH 28, 1995
1.) Set back requirements shall be observed by
applicant and shall be no closer than 145 feet
from the Niagara Mohawk Right of Way affecting
the property which is -the subject of this Site
Plan Review, and shall be no closer than 40
.feet -to the Southerly line of said property.
2.) The conditions included in the Cortland County
Planning Board Resolution #95-6, which
conditions are incorporated herein by
reference.
3.) The continued non-use of the applicant's Batch
Plant, which the Board understands is not now
in use.
4.) Applicant shall provide a secondary
containment area around the fuel oil tanks
located on the subject property.
5.) Applicant shall provide a three (3) foot in
height burmed containment area around all
tanks located on the subject property.
6.) Applicant shall provide the Town Zoning
Enforcement Officer with a letter from the
Homer Fire Department satisfactorily
addressing fire protection and related safety
concerns.
7.) Applicant shall plant thirty (30) trees,
consisting of a mixture of evergreen and white
spruce trees, such trees to be planted at the
southerly end of the property in two (2) rows
and staggered as shown on the submitted site
plan.
8.) 'Monitoring wells in such number and location
as determined by the New York State Department
of Environmental Conservation, if required by
that agency. If no such requirement is
applicable, such wells shall be located in
such places and in such numbers as shall be
determined after consultation and in concert
with the Cortland County Groundwater
Coordinator, (presently Nancy Mueller,) by a
hydrologist employed by applicant.
9.) Applicant shall provide an adequate retention
area.
J
•
11.
•
55
APRIL 12, 1995 SPECIAL MEETING PAGE 7
10.) No more than 19 tanks shall be allowed as the
result of this approval.
11.) Applicant, through Michael Guerin, will supply
within six (6) months, to -the Town Zoning
Enforcement Officer, documentation concerning
the type of odor filtration system employed by
applicant.
12.) Applicant will seek and obtain all permits
necessary in relation to this project in an
orderly, timely and appropriate fashion and
demonstrate the permitting process to the Town
Zoning Enforcement Officer.
Councilman O'Donnell made a motion, seconded by
Councilman Testa, to adjourn the Special Meeting. All
voting aye, the motion was carried.
The Special Meeting was adjourned at 9:15 p.m.
Respe tfully submit ed,
/eauline H. Parker, MC
Town Clerk
Town of Cortlandville
is