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Home My WebLink AboutI - 07 Suit-Kote Amendment & Clarificationsun To: Town of Cortlandville January 16, 2022 From: Suit Kate RE: Building Permit Application at Cortland Facility Dear Board Members, I am writing you regarding Suit-Kote's recent request for building permits to install foundations and tanks at our Cortland Emulsion site at 1902 Lorings Crossing. We are offering this letter as an amendment and clarification of our request, as pertains to activities previously approved by this Board and our proposed future plans for the site. In 2007 Suit-Kote was approved for conditional permit and aquifer protection district special permit to install 7 additional storage tanks, increasing the site storage capacity by 636,000 gallons (Resolution 53, attached). Related to that 2007 approval, Suit-Kote has installed 1 new tank and 40,000 gallons of the approved 7 tanks and 636,000 additional gallons. Regarding our most recent request, we would like to clarify per the below: Phase I of our most recently presented plan involves the removal of 2 older emulsion tanks and installation of 4 new emulsion tanks, adding a net total of 2 tanks and 180,000 gallons of capacity. When combined with the previous 40,000 gallons added to -date under the 2007 approval, the total site capacity will have been increased by 220,000 gallons and 3 tanks, well below the approved increase of 636,000 gallons and 7 tanks. This Phase I request is in line with our 2007 approval, and Suit-Kote respectfully petitions that the associated building permits be approved under our 2007 approved plan. Phases II and III of our proposed plan represent an update to our 2007 plan, as they involve replacement of older tanks, not covered in the 2007 plan. We propose phases I I and 111 as an amendment to our previously approved 2007 plan, which Suit-Kote will execute over the next 5 to 10 years. The replacement and upgrade of these tanks is a proactive, normal course -of -business activity to update the facility's infrastructure and benefit from improved technology, while meeting or exceeding current State and Federal Regulations. In replacing these tanks, our plan includes an increase in site storage capacity of 130,000 gallons, taking the total increase to 350,000 gallons which is still well below the previously approved 636,000 gallons. With this in mind, Suit-Kote respectfully requests that Phase I be approved under the prior 2007 approval, as the request will not exceed the previously approved total additional gallons and is in line with the 2007 approved site plan. We further request that Phases II and III be approved as an amendment to our 2007 plan. We appreciate your time and consideration of our request and await your response. Sincerely, Joseph Perrone, Director of Health, Safety and Environment 2007 Resolution 53 Approved Site Plan -I- 2022 Proposed Phase I — in line with 2007 approved site plan II -r I T ',1 350 . 40 -; il:,-, T- .F -Ef-,+ E Ex ST. TPHk 24 4 . 3L HL.H 1:!U.MO GALLONS) PHASE ID PROPOSED REPIACE TrWNS RE. 1, 2. 3, 4, 5. 6 7 i B 011H BEEPPHASE I T- III - —ILL �_ � E Li wiEl .T ,,� 'r- I T. 1 ti/ a Ic E 1 [ I ---'-' PROJECT BENCHMARK 4 5�FAY CORNER OF SN ORTH FAS9 NORTH EAST COMER OF 7K 28 -IELEVATIU4 = t104 39 1 . ' - ------ I --J �` IPHISE I PROPOSED (2) IB—b'u , C' HIGH 1 Huw c4UR TmkS 2022 Proposed Phase II — Update to 2007 site plan PHA5E ➢PROPOSED (1) 350 s 40' MIICH TANK TO REPLACE EXST. TANk 24 (35'N s 3D' HGH 21 000 GALLONS) PHASE 1➢ PROPOSED REPIACE TrWNS 1, 2. 3, 4, 5. 6 7 Y O WITH 54AE OR SIMILAR _U III PHASE III PHASE 1 ---- PROJECT BENCHMARK - SPRAY PAINTED CORNER OF SLAB - I [[1-F- � t �E" ---- - PHASE II H rL I ` IT T I FD F ILL ---- T. I S T. I - - ASE [ PROPOSED 6F' OH 4O,DOO GALLON TANKS TO PUCE TANKS 33 t 34 _U III ---- PROJECT BENCHMARK - SPRAY PAINTED CORNER OF SLAB - I NORTH EAST CORNER OE TK 28 ELEVATION = 1104.39 1 I ` PHASE t PROPOSED (2) IB 40 —b'u s ' HIGH 1 '�� zh• I I8o,000 c4Ua TANkS 2022 Proposed Phase III — Update to 2007 site plan ➢ PhbFgSEp (1) 350 . 46' HICII TPNK TO REPLACE Exhi. TPNH 24 • - I!'NilSE (35'! E 36' NGH 216.600 GAIJ9N5) PRASE ]➢ PR6POSED REPLACE TrWNS • • 1, 2. 3, 4, 5. 6. 7 i B 011H SAME OR SWUR - • - - PRCPaSE1 (21 12'. v f8' CH AC,DDD [ALLEN TANK 70 /-M1 _ PHASE III PHASE 1 EPucE TANIcs 33 a 34 , • . • • - • V L� N H�e ~— I r- I PROJECT BENCHMARK FF-1F FE _ _ ,J CORNER �AINFAST - IE a I1 'r. I. F NORTH NORTH EAST CORNER OF 7K 28 T 20 ELEVA710H = tt➢4.39' v NIiL .r _II J - - / ■ `� �� `� ` 86PF{LSE t PROP�EO (2) Id-B'0 x 49' 1I .660 call0lu TukS N19 ' I F E 11 .EE.. H-711 0�n F U.l E 4 1111 F i- I 1 E L -I. I n s V E IE - - r EHI 1 EEE IFri E E�E- E _- al Update to 2007 plan - Comments • All tanks will be on concrete foundations • Replacing tanks that are currently on sand, per prior standards. • Phase I — in line with 2007 plan • will include the replacement of tanks 33 & 34 on sand foundations to concrete in the same locations as current. • The addition of 2 80,000 gallon asphalt tanks in the location shown on concrete foundations. • Phase II — Amendement to 2007 plan • Amended plan which includes, but not limited to, a replacement of tank 24 (210,000g) with a 340,000 gallon tank in the same location on a concrete pad with leak detection. • Phase III — Amendement to 2007 plan • Replacement of existing tanks as a normal site maintenance/update, which will improve technology, leak detection, and tank foundations and spacing. ON THE MOTION OF Ann Hotchkin RESOLUTION NO, 07-29 Chuck Adams GM"77.00-01-22.000 Town of Cortlaudville Conditional Permit and Aquifer Protection District Special Permit Suit-Kote Corporation — Loring Crossing Facility WHEREAS, on June 19, 2007 the Code Enforcement Officer, Town of Cortlandville pursuant to General Municipal Law 239 in submitted an application for a conditional permit and aquifer protection district special permit for property located within 500 ft. of Loring Crossing Road (County Road 9112A), which has been received by the Cortland County Planning Department, and WHEREAS, the Cortland County Planning Department has reviewed this request and submitted a written report dated July 6, 2007 which is on Tile, and WHEREAS, the Cortland County Planning Board on July 11, 2007 held a regular meeting with a quorum present and did consider this request, and WHEREAS, the Cortland County Planning Board did thoroughly consider the material submitted by the petitioner, Department comments and all other relevant reports on file, now therefore be it RESOLVED, that the Board recommends approval of this application for a conditional permit and aquifer protection district special permit contingent upon the following: 1. the applicant obtain approval of the NYS Department of Environmental Conservation (DEC) including possible modifications to existing air quality and major oil storage facility permits. 2. the applicant provide the Town with provisions for removal of the tanks once they are no longer in use. 3. compliance with the Town's flood damage prevention regulations as is required for a development permit for flood hazard areas. 4. a negative declaration of environmental impact under SEQR, and BE IT FURTHER RESOLVED, that the Planning Department is hereby authorized to convey this action to the Code Enforcement Officer for the Town of Cortlandville. Richard Martin, Secretary Cortland County Planning Board July 11, 2007 Ayes: 9 Nays: 0 July 6, 2007 GML#77.00-01-22000 Town of Cortlandville Conditional Permit and Aquifer Protection District Special Permit Suit-Kote Corporation - Loring Crossing Facility TO: Cortland County Planning Board FROM: Cortland County Planning Department This application for a conditional permit and aquifer protection district special permit is being referred to the Cortland County Planning Board pursuant to General Municipal Law 239-M because the property is located within 500 ft. of Loring Crossing Road (County Road #112A). GENERAL INFORMATION Date Received: June 19, 2007 Applicant: Suit-Kote. Corporation 1911 Loring Crossing Road Cortland, NY 13045 Status of Applicant: owners Requested Action: conditional permit and aquifer protection district special permit Purpose: to install a total of 7 tanks for the storage of liquid asphalt emulsion at the emulsion mill and a total of 20 tanks for various uses at the modified asphalt mill Location: south side of Loring Crossing, approximately 650 ft. east of NYS Route 13 Size: 13.34± acres Existing Zoning: B (Business) Existing Land Use: Suit-Kote Corporation Surrounding Zoning: B (Business) & AG (Agricultural) Surrounding Land Uses: N - Neal Stearns Construction and Suit-Kote Corp. S - vacant E - residential W - vacant Existing Regulations: Code of the Town of Cortlandville Article VII: Business District Section 178-31. Uses subject to conditional permit Article X: Aquifer Protection District Section17845. Restrictions and requirements B. Other requirements (1) Section 178-46. Special permits B. Article XIV: Conditional Permit Section 178-75. Structure/use requirements for permit approval Section 178-77. Activities in industrial facilities ANALYSIS - The applicant is requesting a conditional permit and aquifer protection district special permit to install a total of 7 tanks for the storage of liquid asphalt emulsion at the emulsion mill and a total of 20 tanks for various uses at to modified asphalt mill. The property is located on the south side of Loring Crossing, approximately 650 ft. east of NYS Route 13, and is zoned B (Business). The current application is the ninth application that has been before the County Planning Board for this property to request alteration/expansion of the existing industrial use. In December 1989, the applicant requested a special permit to build a 20,000 gallon fuel tank in containment and a bulk variance to place a sign closer to the road right-of-way than permitted. The Board recommended approval of the special permit for the fuel tank and recommended that the applicant move the sign completely from the right-of-way. In February 1995, the applicant requested a use variance, site plan review, and aquifer protection district special permit to modify the asphalt processing facility and relocate it to another area on the site. The Board subsequently approved the site plan and aquifer protection district special permit contingent upon the following conditions. 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 -Kole 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 CortlandviIle. It was also recommended that Suit -Kate submit a SEQR Long Environmental Assessment Form and that the Town of Cortlandville conduct the necessary SEQR requirements. Finally, the Board recommended returning the requested use variance to the Town of Cortlandville Zoning Board of Appeals for local determination subject to a satisfactory determination that all criteria for granting a use variance have been met and with the strong recommendation that the Town consider rezoning the project area if not the immediate vicinity from Business (B) to Industrial (1). In February 1997, the applicant requested a use variance to relocate a tank from the emulsion plant area to the modified asphalt plant on the same property. The Board recommended approval of the use variance contingent upon the Town of Cortlandville Zoning Board of Appeals satisfaction that the requirements for granting a use variance have been met and upon the applicant's submittal of a modified Spill Prevention Plan. In March 1998, the applicant requested a zoning map amendment to rezone three parcels with a total of 41.87± acres from B (Business) to I (Industrial). The Board recommended returning the application for local determination with any positive consideration contingent upon the following.- 1. ollowing:1. A determination that: a. the zoning map amendment is pursuant to a comprehensive plan for the benefit of the community, b. the area to be rezoned is of appropriate size, C. the rezoning would have minimal effect on the character of the neighborhood, and d. the rezoning would be consistent with the zoning and/or uses in the surrounding area. 2. A negative declaration of environmental impact under SEQR In December 1998, the applicant requested a zoning map amendment to rezone the same three parcels from B (business) to I (Industrial) as well as a site plan review and aquifer protection district special permit for approval of a 5 year plan for plant modifications of the Liquid Asphalt Emulsion Plant the Modified Asphalt Plant, and support facilities. The Board recommended returning the zoning map amendment for local determination with any positive consideration contingent upon the following. 1. A determination that: a. the zoning map amendment is pursuant to a comprehensive plan for the benefit of the community, b. the area to be rezoned is of appropriate size, C. the rezoning would have minimal effect on the character of the neighborhood, and d. the rezoning would be consistent with the zoning and/or uses in the surrounding area. 2. A negative declaration of environmental impact under SEQR The Board further recommended approval of the site plan and aquifer protection district special permit contingent upon either a positive decision by the Town on the zoning map amendment request or the applicant applying for and receiving a use variance. This recommendation for approval however was also contingent upon the following. 1. Demonstration of compliance with NYS DEC Petroleum and Chemical Bulls Storage Tank Programs, including any requirements for the Major Oil Storage Facility designation. 2. Submission of information to the Cortland County Health Department detailing the leak detection systems on the additional tanks. 3. Submission of an amended Spill Prevention Control and Countermeasure (SPCC) plan for the site (as expanded) which is acceptable to EPA. 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 Town of Cortlandville Code Enforcement officer. 6. Submission of hydrologic data, including boring and well log data, and groundwater elevation data, if additional monitoring wells are required by the New York State Department of Environmental Conservation (DEC). Suit Kote should also submit copies of any monitoring (chemical) data which is generated from the site to the Town of Cortlandville. 7. The applicant demonstrating that there would be adequate carbon treatment to capture emissions from additional volume associated with increased total tank capacity at the Modified Asphalt Plant. 8. The applicant demonstrating that there would be adequate means of odor control at the Emulsions Plant. 9. Approval of the Stormwater Pollution Prevention Plan by the Town of Cortlandville including delineations of the sub -watershed drainage areas and the drainage outfalls from the stormwater facilities. 10. That the maximum release rate for the stormwater facility is equal to that of the two year storm. 11. Any development of floodplain areas must be above the base flood elevation and in accordance with ARTICLE XV of the Town of Cortlandville Zoninn Law. 12. A negative declaration of environmental impact under SEQIL 13. That any deviations from the 5 year plan would require resubmittal of application for aquifer protection district special permit site plan review and if necessary, use variance. In February 2002, the applicant requested a conditional permit and aquifer protection district special permit to install seven new tanks, replace five tanks, and remove three tanks at this facility. The proposed new tanks were actually already installed at this time and the old tanks removed as per a site plan approval and aquifer protection district special permit granted by the Town in 1999. The site plan approval and aquifer protection district special permit were granted after the property was rezoned to Industrial in 1999. A court decision in 2001 on the matter of Yellow Lantern Kampground vs. Town of Cortlandville and Suit-Kote Corporation overturned the rezoning thus reverting the zoning to Business. Since the site plan approval and aquifer protection district special permit were granted based on an Industrial zoning of the property which was invalidated, the site plan approval and aquifer protection district special permit were also invalidated. The applicant therefore reapplied for a conditional permit and aquifer protection district special permit to allow these existing tanks to be constructed and for the replacement/removal of the old tanks. The Board recommended approval of this request for a conditional permit and aquifer protection district special permit contingent upon the following. The facilities compliance with all conditions as required by its Air, State Pollution Discharge Eliminating System (SPI)ES), and Major Oil Storage Facility permits with the NYS Department of Environmental Conservation (DEC). A negative declaration of environmental impact under SEQR In January 2005, the applicant requested a conditional permit and aquifer protection district special permit to replace a 44,000 gallon tank for the storage of liquid asphalt with a 94,000 gallon storage tank. The Board recommended approval of this application contingent upon the following: 1. the applicant providing the Town with provisions for removal of the tanks once they are no longer in use. 2. modification of the NYS Department of Environmental Conservation (DEC) Major Oil Storage Facilities permit. 3. a negative declaration of environmental impact under SEQR. In January 2007, the applicant requested a conditional permit, aquifer protection district special permit, and development permit for flood hazard areas to replace five raw material storage tanks with a total capacity of 69,000 gallons with five larger tanks with a total capacity of 160,000 gallons, to construct a 1,440 sq. ft. addition to an existing maintenance shop, and to install three 12,000 gallon fuel tanks. The Board recommended approval of this application contingent upon the following: 1, the applicant obtain approval of the NYS Department of Environmental Conservation (DEC) including possible modifications to existing air quality, major oil storage facility, and stormwater SPDES permits. 2. compliance with the Town's flood damage prevention regulations as is required for a development permit for flood hazard areas. 3. a negative declaration of environmental impact under SEQR. The applicant is now requesting a conditional permit and aquifer protection district special permit to install a total of seven tanks for the storage of liquid asphalt emulsion at the emulsion mill and a total of twenty tanks for various uses at the modified asphalt mill. The Coordinated Review Committee (CRC) met regarding this application and addressed the following issues. The applicant is proposing to install three 156,000 gallon and four 40,500 gallon tanks for the storage of liquid asphalt emulsion at the emulsion mill. The total additional tank capacity at the emulsion mill would be 636,000 gallons. The applicant is also proposing to relocate a loading platform and an approximately 100 sq. ft. shed to the emulsion mill area. The tanks would store additional finished product and would be installed over the next five to ten years. All of the proposed tanks would be within an existing 1,767,000 gallon secondary containment area. The total tank capacity in this secondary containment area would increase from 1,224,000 to 1,860,000 gallons thereby exceeding the volume of the secondary containment area. However, the volume of the secondary containment area would adequately accommodate the volume of the largest tank in the event of catastrophic failure. The applicant is also proposing to install the following tanks at the modified asphalt mill over the next five years: Tank No. Proposed Cap. Product Stored gyral.) 54 _ 30,000 Asphalt Cement 62 15,000 Additives 63 15000 Additives 64 15,000 Additives 65 15,000 Additives 66 15,000 Additives 86 30,000 Liquid Asphalt Emulsion 87 30,000 Liquid Asphalt Emulsion 88 30,000 Liquid Asphalt Emulsion 89 30,000 1 Liquid Asphalt Emulsion 90 30,000 Liquid Asphalt Emulsion E64 3700 E64R L-1 6100 Latex M1 1650 Mix Tank M2T 1050 Mix Tank S1 5500 Soap S2 5500 Soap S3 5500 Soap W1 20000 Water W2 10000 Water These tanks would be located within an existing 1,100,000 gallon secondary containment area. The total tank capacity in this secondary containment area would increase from 428,000 to 653,000 gallons. The existing facility has permits from the NYS Department of Environmental Conservation (DEC) which include air quality, major oil storage facility, and stormwater SPDES. The proposed facility would require approval of the DEC including possible modification to the existing permits. It is recommended that any positive consideration of this proposal by the Town be contingent upon DEC approval. The applicant should also provide the Town with provisions for removal of the tanks once they are no longer in use. It should be noted that a portion of the property is within the 100 year floodplain (area of special flood hazard) and therefore would require a development permit for flood hazard areas. Determination as to compliance with the Town's flood damage prevention regulations is under the purview of the Town's Zoning Officer. Finally, this proposal is considered an Unlisted Action under SEQR. The applicant has completed Part I of a Short Environmental Assessment Form. Parts II and III should be completed by the Town to determine if there may be any significant adverse environmental impacts as a result of the proposed development. RECOMMENDATION - The staff recommends approval of this application for a conditional permit and aquifer protection district special permit contingent upon the following. I. the applicant obtain approval of the NYS Department of Environmental Conservation (DEC) including possible modifications to e3dsting air quality, major oil storage facility, and stormwater SPDES permits. 2. the applicant provide the Town with provisions for removal of the tanks once they are no longer in use. 3. compliance with the Towns flood damage prevention regulations as is required for a development permit for flood hazard areas. 4. a negative declaration of environmental impact under SEQR. Prepared by: Daniel S. Dineen Director of Planning DSD/am Cc: Coordinated Review Committee