HomeMy WebLinkAboutI - 06 County Resolution - Ray Energy Corp
ON THE MOTION OF Paul Slowey RESOLUTION NO. 22-14
Amy Bertini
GML# 87.00-04-10.000
Town of Cortlandville
Site Plan Review, Conditional Permit,
Aquifer Protection Special Permit, &
Floodplain Development Permit
Ray Energy Corp
WHEREAS, on March 24, 2022 the Zoning Officer, Town of Cortlandville, pursuant to
General Municipal Law 239 M submitted an application for Site Plan Review, Conditional Permit,
Aquifer Protection Special Permit, & Floodplain Development Permit because the property is located
within 500 feet of NYS Route 11, AND
WHEREAS, the Cortland County Planning Department has reviewed this request and
submitted a written report dated April 15, 2022, which is on file, AND
WHEREAS, the Cortland County Planning Board on April 20, 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 site plan review, conditional permit, aquifer protection
special permit, & floodplain development permit for the purpose of constructing a propane & bio-
propane storage and wholesale distribution site with rail siding:
1. that the applicant obtain written approval from the Cortland County Industrial Development Agency
(IDA) and the New York Susquehanna and Western Railroad for connection of the proposed railroad
sidings to the existing railroad.
2. that the Town consider the adequacy of parking at the facility.
3. that a lighting plan be submitted to the Town to ensure compliance with §178-140 of the Code of the
Town of Cortlandville.
4. that the applicant mitigate any propane odors detectable at the property line.
5. that the applicant update their site plan to include protective bollards around vulnerable areas at the
facility.
6. that the applicant update their site plan to show areas designated for snow storage.
7. that the applicant meet the requirements of US Environmental Protection Agency (USEPA) regulations
codified in the Code of Federal Regulations, Title 40, Part 68.
8. that the applicant comply with the Occupational Safety and Health Administration’s (OSHA) Process
Safety Management (PSM) Standard.
9. that the release scenario analysis required in the Code of Federal Regulations, Title 40, Part 68 also be
submitted to the Town to assist in accessing the potential impacts of this facility on the surrounding area.
10. that the elements of the prevention program required in the Code of Federal Regulations, Title 40, Part
68 also be submitted to the Town.
11. that the applicant reach out to the NYS Department of Environmental Conservation (NYSDEC) Division
of Permits to coordinate SEQR and determine if a pre-application meeting is needed.
12. that the project is covered under the Construction General Permit (GP-0-20-001).
13. that, if a 5 acre waiver is required for the site, the applicant submit a complete Storm Water Pollution
Prevention Plan (SWPPP) to the NYS Department of Environmental Conservation (NYSDEC) for review
and approval before 5 acres are exposed.
14. that the applicant mitigate any negative impact the project’s post-construction stormwater practices would
have on the area of special flood hazard.
15. that the applicant coordinate US Route 11 access with the NYS Department of Transportation (NYSDOT)
via a Perm 33-Com minor commercial driveway application.
16. that the applicant prepare and submit a Storm Water Pollution Prevention Plan (SWPPP) to the Town for
review and approval in compliance with §178-90 (B)(1) of the Code of the Town of Cortlandville.
17. that the applicant submit the emergency response plan required in the Code of Federal Regulations, Title
40, Part 68 to the Cortlandville Fire Department.
18. that the applicant obtain written confirmation from the Cortlandville Fire Department that the Fire
Department has the training and resources to address an emergency situation at this facility.
19. that the applicant provide the documentation outlined in §178-81 C of the Code of the Town of
Cortlandville to the Town if they have not already done so.
20. that the applicant obtain approval from the County Health Department via application to the Town for
connection to the public water and sewer system.
21. 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.
_______________________________
Ann Swisher, Chair
Cortland County Planning Board
April 20, 2022
Ayes: 8
Nays: 0