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Home My WebLink AboutI - 14 Suite-Kote - County Planning Review, Recommendation & Resolutiony11)09 {°Ay �r Cortland County Planning Department 60 Central Ave • Cortland, New York 13045-2838 Telephone: (607) 753-5043 TRisHA R. JEssET, PE Diieclor of planning email: tiesset0cortland-co.oro General Municipal Law (GML) Report TO: Cortland County Planning Board FROM: Cortland County Planning Department RE: GML# 77.00-01-22.000 — Conditional Permit Applicant: Suit-Kote Corporation 1911 Lorings Crossing Cortland, NY 13045 SYNOPSIS - March 11, 2022 Owner: Cortland Asphalt Products Co. 1902 Lorings Xing Cortland, NY 13045 Conditional Permit review for the purpose of replacing a 210,000 gallon tank with a 340,000 gallon tank in the same location on an existing concrete pad with leak detection and secondary containment and replacing existing tanks as a normal site maintenance/update, which will improve technology, leak detection, and tank foundations/spacing. The property is described as 1902 Lorings Crossing (Tax ID 77.00-01-22.000) within the Town of Cortlandville. It is zoned B- 2 (Highway Commercial Business) and is within the Aquifer Protection District (Area l: Primary Aquifer Area) in accordance with the Code of the Town of Cortlandville, hereafter the Code. The conditional permit review is being referred to the Cortland County Planning Board because the property is located within 500 ft. of County Route 112A (Lorings Crossing). ANALYSIS - The applicant is requesting a conditional permit so they may replace a 210,000 gallon tank with a 340,000 gallon tank in the same location on a concrete pad with leak detection and replace existing tanks as a normal site maintenance/update, which will improve technology, leak detection, and tank foundations/spacing. The existing asphalt facility is prohibited in B-2 (Highway Commercial Business) districts; however, previously granted use variances in 1995 and 1997 make the use allowed on the site. As the majority of allowed uses in B-2 (Highway Commercial Business) districts are subject to conditional permit, the Town has determined that expansion of this conforming use shall require the same. The applicant would normally be required to apply for an aquifer protection special permit for this project, however the aquifer protection special permit approved alongside phase I of this project included approval for phases II & III. This is the eleventh application for this parcel that has been referred to the County Planning Board. The first application in 1989 was for a special permit to build a 20,000 gallon fuel tank in containment. In 1995 and 1997 applications were received for use variances concerning the then non- conforming industrial use. After these were approved, the industrial use became conforming. 1998 saw two applications for rezoning this properly and several adjacent parcels from B (Business) to I (Industrial). The second of these applications was approved; however, a court decision in 2001 on the matter of Yellow Lantern Kampground vs. Town of Cortlandville and Suit-Kote Corporation overturned this rezoning thus reverting the zoning to Business. The next five applications in 2002, 2005, 2007, and 2022 were similar to the current application; conditional permits and aquifer protection special permits to build new, replace, or remove tanks of various sizes. The site plan provided depicts three separate phases. Phase I of the provided site plan was reviewed and approved in January of this year (2022). This application is for the review of Phase II & III. Section 178-81 of the Code requires all construction/development undertaken in areas of special flood hazard to obtain a floodplain development permit. As a portion of the property is within the 100 year floodplain (area of special flood hazard), a floodplain development permit may be required. Therefore it is recommended that the Town make a determination as to this project's compliance with section 178-81 of the Code. NYSDEC was contacted during the review of phase I due to various existing permits at the site including the referenced Major Oil Storage Facility (MOSF) License and Stormwater SPDES. It is therefore recommended that the applicant obtain approval from the NYSDEC including possible modifications to existing permits and Stormwater SPDES. It is recommended that any positive consideration of this proposal by the Town be contingent upon DEC approval. It is further recommended that the applicant provide the Town with provisions for removal of the tanks once they are no longer in use. Finally, the proposed use is considered an Unlisted Action under SEQR. The applicant will need to complete Part I of the Short Environmental Assessment Form. Parts II & III should then be completed by the Town to determine if there may be any significant adverse environmental impacts as a result of the proposed use. RECOMMENDATION - The staff recommends approval of this application for a conditional permit to replace a 210,000 gallon tank with a 340,000 gallon tank in the same location on an existing concrete pad with leak detection and secondary containment and replace existing tanks as a normal site maintenance/update, which will improve technology, leak detection, and tank foundations/spacing onlv if the following contingencies are satisfied: 1. that the Town make a determination as to this project's compliance with section 178-81 of the Code of the Town of Cortlandville. 2. that the applicant obtain approval from NYS Department of Environmental Conservation (NYSDEC) including possible modifications to existing permits and Stormwater SPDES. 3. that any positive consideration of this proposal by the Town be contingent upon DEC approval. 4. that the applicant provide the Town with provisions for removal of the tanks once they 2 are no longer in use. 5. compliance with SEQR requirements. Prepared by: Alex M. Schultz Planner Reviewed/revised by: I>• G Trisha Jesset, P.E. Director of Planning 3 ON THE MOTION OF Daniel Haynes RESOLUTION NO.22-10 Laurie Comfort GML# 77.00-01-22.000 Town of Cortlandville Conditional Permit Suit-Kote Corporation WHEREAS, on February 7, 2022 the Zoning Officer, Town of Cortlandville, pursuant to General Municipal Law 239 M submitted an application for Conditional Permit because the property is located within 500 feet of County Route 112A (Lorings Crossing), AND WHEREAS, the Cortland County Planning Department has reviewed this request and submitted a written report dated March 11, 2022, which is on file, AND WHEREAS, the Cortland County Planning Board on March 16, 2022, held a regular meeting with a quorum 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 only upon adherence to the following contingencies does the Board recommend approval of this application for conditional permit for the purpose of replacing a 210,000 gallon tank with a 340,000 gallon tank in the same location on an existing concrete pad with leak detection and secondary containment and replacing existing tanks as a normal site maintenance/update, which will improve technology, leak detection, and tank foundations/spacing: 1. that the Town make a determination as to this project's compliance with section 178-81 of the Code of the Town of Cortlandville. 2. that the applicant obtain approval from NYS Department of Environmental Conservation (NYSDEC) including possible modifications to existing permits and Stormwater SPDES. 3. that any positive consideration of this proposal by the Town be contingent upon DEC approval. 4. that the applicant provide the Town with provisions for removal of the tanks once they are no longer in use. 5. compliance with SEQR requirements., AND BE IT FURTHER RESOLVED, that the Board reminds the Town of Cortlandville the requirements of General Municipal Law Section 239 M that a supermajority vote is to be attained by the Town in order to approve this application unless every contingency documented in this resolution is followed, AND BE IT FURTHER RESOLVED, that the Planning Department is hereby authorized to convey this action to the Zoning Officer, Town of Cortlandville. Wendy ller, Secretary Cortland County Planning Board March 16, 2022 Ayes: 8 Nays: 0