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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