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HomeMy WebLinkAboutI - 09 County Resolution 23-02 (Suit-Kote) ON THE MOTION OF Chuck Feiszli RESOLUTION NO. 23-02 Ann Swisher GML#87.00-03-16/122 Town of Cortlandville Conditional Permit, Site Plan Review, Aquifer Protection Special Permit Suit-Kote Corporation WHEREAS, on December 22, 2022 the Code Enforcement Officer, Town of Cortlandville pursuant to General Municipal Law 239 M submitted an application for a conditional permit, site plan review and aquifer protection special permit because the property is located within 500 feet of Kellog Road (County Route 121), AND WHEREAS, the Cortland County Planning Department has reviewed this request and submitted a written report dated January 6, 2023, which is on file, AND WHEREAS, the Cortland County Planning Board, on January 18, 2023, 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, the staff recommends approval of this application for conditional permit, site plan review, & aquifer protection special permit to install two base asphalt tanks only if the following contingencies are satisfied 1. that the Town consider revising §178-45 (B) (1) & (2) of the Code to refer to the NYS Department of Environmental Conservation (DEC) regulations instead of Cortland County Health regulations. 2. that the applicant obtain approval from the NYS Department of Environmental Conservation (DEC) including possible modifications to existing permits and Stormwater SPEDES. 3. that the applicant follow recommendations submitted by the NYSDEC in regards to containment area and construction activities. 4. that any positive consideration of this proposal by the Town be contingent upon NYSDEC approval. 5. that the applicant provide an updated site plan to the Town including a lighting plan and, if necessary, the locations of emergency zones / fire hydrants. 6. that the updated site plan be reviewed and approved by the Town of Cortlandville Fire Department. 7. that the applicant provide the Town with provisions for removal of the tanks once they are no longer in use. 8. that a water line be run from Route 11 to the railroad right-of-way and a fire hydrant be installed there. 9. that the applicant provide the Town with provisions for the site no longer in use is returned as per DEC guidelines to original condition. 10. compliance with SEQR requirements. 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 Board reminds the Town of Cortlandville the requirements of General Municipal Law Section 239 M that the Town is to file a report of final action with the Planning Department within thirty days after final action, AND BE IT FURTHER RESOLVED, that the Planning Department is hereby authorized to convey this action to the Code Enforcement Officer, Town of Cortlandville. _______________________________ Laurie Comfort, Secretary Cortland County Planning Board January 18, 2023 Ayes: 7 Nays: 1 (Absent)