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HomeMy WebLinkAbout02-20-200231 2- FEBRUARY 20, 2002 PUBLIC HEARING 5:10 P.M. AQUIFER PROTECTION PERMIT SUIT-KOTE CORPORATION ROUTE 11 TAX MAP #97.00-01-31.000 A Public Hearing was held by the Town Board of the Town Town Hall, 3577 Terrace Road, Cortland, New York, concerning Permit permitting the construction and operation of a batch mix located on the southwest side of U.S. Route 11, west of the Inter; ramp, in the Town of Cortlandville. Members present: of Cortlandville at the an Aquifer Protection black top plant to be state Route 81 Exit 10 Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Q. Snyder Others present: Town Attorney, John Folmer; Highway Sup't., Carl Bush; Water & Sewer Sup't., Peter Alteri; Paul Suits and Richard Schutz of Suit-Kote Corporation; James Trasher of Clough, Harbour & Associates; Cortland County Legislators Paul Allen and Danny Ross; town residents, Pam Ross, Hugh Northrup, Madge McCrady, Lee Miller, Nicholas Alteri and News Reporter, Chris Nolan. Supervisor Thorpe offered privilege of the floor to those in attendance. A town resident commented on inversion of heat and direct odor problems. She complained of odors while living in McGraw on the other side of the hill from Suit-Kote's Polkville plant. She stated she felt these problems could have been avoided with the installation of equipment previously. Councilmen Testa requested Richard Schutz of Suit-Kote Corp. explain the new equipment to be installed at the Polkville facility. Mr. Schutz explained the new equipment takes the coating process out of the direct fire of the plant therefore minimizing volatiles that come out of the process due to the flame getting close to the asphalt. The asphalt does not get to the temperature to release the volatiles eliminating the blue smoke and other odors associated with the process. Paul Suits of Suit-Kote stated this is a new apparatus offered within the last ten months. Suit-Kote purchased this equipment within the last three months of hearing about it. What Suit-Kote is trying is brand new on the market. Councilman O'Donnell stated his pleasure with the improvements at the Loring Crossing facility. Lee Miller of Clinton Street Ext., McGraw expressed her concerns regarding odors, health problems and declining property values in the area. She also inquired into the information distributed to the Board by Betty Wood regarding the aquifer. Attorney Folmer explained Ms. Wood's information regarding Section 178-45 A (11) of the ordinance referring to prohibiting this type of use in an Aquifer Protection District was correct, but she neglected Section 178-46. Attorney Folmer stated Section 178- 46 provides any use of property within the Aquifer Protection District shall be permitted only upon obtaining a special permit from the Town Board of the Town of Cortlandville when that use violates or does not meet any of the provisions of Section 178-45. This permit request is before the Board because this use requires a special permit. The special permit allows a particular use that would be otherwise prohibited. Ms. Miller presented a petition to the Board expressing opposition to the Suit-Kote Corporation expansion in Polkville. Ms. Miller asked if the residents of Polkville should be subjected to an increase in diesel truck traffic and lower property values in order for Suit- Kote to have a slightly higher profit margin. A resident in attendance inquired about the necessity of Suit-Kote to continue exposing the aquifer. Attorney Folmer explained Suit-Kote has received a mining permit granted by the NYS DEC. The Town Board has no authority regarding that mining permit. 1 1 1 313 FEBRUARY 20, 2002 PUBLIC HEARING PAGE 2 Another resident stated the ordinance is to protect the aquifer. Issuing a Special Permit does not eliminate the risk to the aquifer. The issue of a special permit is irrelevant. The issue is the risk of a petroleum -based industry over the aquifer. Attorney Folmer explained the reason for the second section of the ordinance is to give the local jurisdiction the opportunity to review each application to determine if the risk is acceptable. The Board is to determine if they are willing to accept that risk and why. Granting a Special Permit with conditions is accepting that risk, as it is defined and minimized, which is what the Board is considering. Mr. Schutz referred to the truck traffic issue raised stating there would be a net increase of 12 truck trips per day. He also referred to the issue of surface water. Due to Suit-Kote's mining permit they are required by the State to have a water study performed. Out of 72 tests completed only one yielded a result. That particular test did not exceed the drinking water standards. Madge McGrady of McGraw stated she has noticed a distinct odor, as if the roof inext door to her home was being tarred. She expressed concern not only for herself at her age, but also for what children may be exposed to. Ms. McGrady also inquired about air quality standards. Mr. Trasher explained the state does not have air quality standards. Suit-Kote is required to do particulate tests. Air quality studies can be performed but are not required by the NYS DEC. Suit-Kote is replacing their existing facility with a new modern facility, which was spoken of earlier. No process will eliminate odor, but will only help mitigate or reduce potential odors. It has been determined that with the new process blue smoke and odors will be mitigated and State standards for particulates will be met. In response to a resident's question concerning what they are smelling, Mr. Trasher stated he was unsure but would investigate. Ms. Miller inquired regarding Suit-Kote not complying with the NYS DEC smokestack tests. Mr. Schutz stated Suit-Kote has just recently received a mailing regarding tests to be performed when operation resumes in the spring. Smokestack tests are mandatory and Suit-Kote has always complied. Ms. Miller stated that it is frightening to not know what residents are breathing and that no test is required. Based on historical information on black top plants, Mr. Schutz explained the NYS DEC and EPA both control the particulates. Suit-Kote has met all the NYS DEC air quality requirements that all facilities must meet. It is incorrect to say there are no regulations, but there is a testing protocol. In response to a question regarding when the standards were last updated, Mr. Schutz explained the most recent changes were made in 1997 or 1998. The permit process and protocols for testing were restructured with industries placed into various categories. Suit-Kote is in the Air State Facility category with certain limits. Suit-Kote has completed all the tests required, met all the standards and are fully permitted. Ms. Miller again urged the Board to consider moving another facility into a residential area. She stated health concerns as the most important but also property values. Ms. Miller also spoke of the number of residents that do not want an additional facility. She feels Suit-Kote is not giving the residents a very good choice to provide a higher profit margin. Mr. Schutz stated Suit-Kote is asking to relocate the Homer plant that has had no odor problems. In addition Suit-Kote is prepared to install new equipment to reduce odors from the existing plant. Mr. Schutz also stated Suit-Kote operates at 0 to 50 ton threshold not 100,000 ton. Supervisor Thorpe also stated there has not been complaints with the Homer plant and this request is only for its relocation. Councilman O'Donnell made a motion, seconded by Councilman Testa to close the Public Hearing and reconvene to the Regular Meeting. All voting aye, the motion was carried. The Public Hearing was closed at 5:40 p.m. FEBRUARY 20, 2002 5:00 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held 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, Karen Q. Snyder Others present: Town Attorney, John Folmer; Highway Sup't., Carl Bush; Water & Sewer Sup't., Peter Alteri; Paul Suits and Richard Schutz of Suit -Kole Corporation; James Trasher of Clough, Harbour & Associates; Cortland County Legislators Paul Allen and Danny Ross; town residents, Pam Ross, Hugh Northrup, Madge McGrady, Lori Miller, Nicholas Alteri and News Reporter, Chris Nolan. Supervisor Thorpe called the meeting to order. RESOLUTION #55 AUTHORIZE PAYMENT OF VOUCHERS-FEBRUARY Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #79 - 93 $ 5,613.81 General Fund B 12 $ 38.72 Highway Fund DB 43 - 61 $ 18,046.36 Water Fund 31 - 51 $172,185.22 Sewer Fund 14 - 20 $ 45,080.34 Supervisor Thorpe apprised those in attendance of notification from the NYS Department of Transportation regarding a Design Public Hearing to finalize the studies for the reconstruction and widening of Route 281. The hearing is scheduled for February 28, 2002 at 6:30 p.m. at the Holiday Inn Cortland. Supervisor Thorpe also stated Highway Sup't. Carl Bush has requested an Executive Session at the end of tonight's meeting regarding possible litigation. Monthly reports for the Justice and the SPCA for January 2002 are on the table for review and filed in the Town Clerks. Supervisor Thorpe offered privilege of the floor to those in attendance. Attorney Folmer stated the Board had deferred action on Suit-Kote Corporation Aquifer Protection Permit application until tonight's meeting. The Public Hearing was held and parts of the SEQRA review were completed, with Part 3 of the review requiring completion. Attorney Folmer stated the Board discussed significant or possibly significant environmental impacts. The applicant has submitted their response. The Board was required to prepare Part 3, which James Trasher from Clough, Harbour & Associates has accomplished. Attorney Folmer reviewed what Clough, Harbour- & Associates submitted. Attorney Folmer went over Part 3 of the SEQRA review with the Board. The first concern is with regard to impact on land. The proposed action requires the storage of petroleum or chemical products greater than 1,100 gallons. The project includes a 14,000 gallon No. 2 fuel oil storage tank. Mitigation proposes all tanks need to be equipped with secondary concrete or steel containment facilities as required by the NYS DEC and the Cortland i 1 • 1 FEBRUARY 20, 2002 TOWN BOARD MEETING PAGE 2 315 County Health Department. The existing tanks are registered and inspected annually by the Health Department. There is a standing requirement that the applicant responds immediately to any problem during tank fillings or in the event of a rupture in the tank. The second item is impact on air. Attorney Folmer stated this item is a concerning issue. Under certain weather conditions odors would be created. Manufacturing of asphalt does create odors during typical plant operation. It is uncertain how weather events including fog, rain and wind would effect the dispersal of that odor, which makes that a potentially large impact. In mitigation the applicant has proposed to replace the current plant at the Polkville site with a Herman Grant Company Twin Shaft Coater Assembly 1- D02 to reduce the blue smoke and associated odors produced by the existing Polkville drum mix plant. Suit-Kote has submitted information concerning the proposed device to Mr. Trasher. Attorney Folmer stated another concern is in regard to noise as well as odor. It has been acknowledged odors will occur routinely. When coupled with odors from the existing plant it was identified as a potentially significant impact. To mitigate the applicant proposes to replace the current plant at Polkville site with a "Herman Grant Company Twin Shaft Coater Assembly (1-DO2)". The next item identified was a risk of explosion or release of hazardous substances in the event of an accident or upset conditions, low level discharge or emission. In addition to the release of odors from the site as well as release of fuel oil stored on site caused by a rupture in the tanks during the filling process. Mitigation being the NYS DEC and County Health Department's requirement of a concrete and steel secondary containment with the applicant's immediate response to problems during tank fillings or rupture. The Suit-Kote Corporation has submitted a report to the Board that evaluated fumes emitted during the paving of roadways and its effect on personnel. Attorney Folmer apprised the Board of the Cortland County Planning Board's five comments and recommended they be included in the SEQRA review. Attorney Folmer stated questions have arisen regarding a negative declaration under the SEQRA process. He explained a Lead Agency may not unilaterally impose conditions upon the granting of a permit under the SEQRA process. The purpose of the SEQRA process is between the Lead Agency, the applicant and those in attendance at the Public Hearing to discuss ways to modify and change the project as initially proposed to minimize the effects upon the environment. The SEQRA process does not ensure any particular result, only that the effect on the aquifer by the project is minimized as much as possible. The Lead Agency is required to decide if the mitigation factors suggested are reasonable. The first step in the process is to review the SEQRA and make a negative or positive declaration. The next step is to approve or deny the permit. These are two separate and distinct steps. Attorney Folmer requested that Mr. Trasher explain from an engineering point of view if the applicant has satisfied the requirements of the SEQRA review. Mr. Trasher explained that after Clough, Harbour & Associates engineers had reviewed all the information provided, a negative declaration could be issued. Councilman O'Donnell expressed his appreciation that Suit-Kote will be installing the new equipment to deal with the odor situation currently in Polkville. He recommended waiting a season after the equipment is operational and the present situation is improved before making a decision regarding the approval of this proposed permit. Attorney Folmer- stated the Board could not approve the permit for only a period of one year. A negative declaration could be made and the permit denied. The Board could wait to approve the application in order to see the results of the new equipment based on ® concerns regarding odors. Granting the permit subject to a one-year review would place an unreasonable burden on the applicant. This is a question for denial of the permit as opposed to making a negative declaration under SEQRA. Councilman Testa made a motion, seconded by Councilman O'Donnell, to recess the regular meeting to open a Public Hearing for Suit-Kote Corporation concerning an Aquifer Protection Permit. All voting aye, the motion was carried. The meeting was recessed at 5:10 p.m. Reconvene the regular meeting at 5:40 p.m. following the Public Hearing for Suit- Kote Corporation Aquifer Protection Permit application. Councilman Testa made a motion seconded by Councilman O'Donnell, to receive and file a petition signed by 39 area residents in opposition to Suit-Kote Corporation expansion in Polkville. All voting aye, the motion was carried. FEBRUARY 20, 2002 TOWN BOARD MEETING PAGE 3 RESOLUTION #56 DECLARE NEGATIVE IMPACT FOR AN AQUIFER PROTECTION PERMIT SUIT-KOTE CORPORATION FOR PROPERTY LOCATED ON ROUTE 11 IN POLKVILLE Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Suit-Kote Corporation regarding the construction and operation of a batch mix black top plant to be located on the southwest side of U.S. Route 11, west of the Interstate Route 81 Exit 10 ramp, tax map #97.00-01-31.000, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Long Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board, as Lead Agent, does hereby declare the proposed project of Suit-Kote Corporation shall have no significant environmental impact. RESOLUTION #57 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT FOR SUIT-KOTE CORPORATION Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to an Aquifer Protection Permit submitted by Suit-Kote Corporation. Councilman O'Donnell recommended denying the permit before adding more to the Polkville facility until after the Suit-Kote Corporation installs their new equipment and odors are mitigated. Councilman Testa stated the permit request is for the relocation of the Homer plant. There are no problems with the Homer plant. The odor problem is with the existing plant in Polkville that Suit-Kote is improving. The Board could approve this permit incorporating conditions from the County Planning Board, Town Board and Clough, Harbour & Associates. Attorney Folmer stated that in the SEQRA review, the Board identified a situation that is producing an odor problem. The Board is unsure what adding another plant would do regarding the possibility of cumulative effect on air quality as time goes on. The comments from the SEQRA review say the new equipment the applicant is installing will mitigate those factors. RESOLUTION #58 DENY AQUIFER PROTECTION PERMIT SUIT-KOTE CORPORATION FOR PROPERTY LOCATED ON ROUTE 11 Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, the Cortland County Planning Department has reviewed and recommended approval of this Aquifer Protection Permit application, subject to conditions and WHEREAS, the Town Planning Board has reviewed and recommended denial of this Aquifer Protection Permit application as per Town Planning Board Resolution #95 of 2001, and I� U 1 WHEREAS, a Public Hearing was duly held by this Town Board, therefore 317 FEBRUARY 20, 2002 TOWN BOARD MEETING PAGE 4 BE IT RESOLVED, the Town Board does hereby deny the Aquifer Protection Permit application, submitted by Suit-Kote Corporation regarding the construction and operation of a batch mix black top plant to be located on the southwest side of U.S. Route 11, west of the Interstate Route 81 Exit 10 ramp, tax map #97.00-01-31.000 Councilman Pilato stated there is a need to be concerned with any additional problems. Industry should be allowed to grow if it proves to be a good neighbor. Councilman Pilato stated his support of Councilman O'Donnell's position to wait for the results of Suit-Kote's installation of their new equipment. Waiting is a logical way to see if Suit-Kote has corrected the existing odor- problem. Councilman Pilato inquired if a time frame could be placed on the denial to judge the results of the new equipment. Attorney Folmer stated he is unsure if the application could be denied based upon ithe presently available information and if within a certain period of time a new application was submitted this information could be incorporated into the new application. The application could be tabled to a definite date. Attorney Folmer expressed his concern for tabling the application. There may be a requirement in the local ordinance as to the length of time allowed before action needs to be taken. Councilman O'Donnell reiterated his pleasure concerning the progress that Suit- Kote Corporation has taken to correct the present situation in Polkville. The Board has "dug their heels in," and Suit-Kote has responded. Councilman O'Donnell stated that he would like to see the results before making a decision regarding the permit application. After briefly reviewing the Town Code Book, Attorney Folmer- stated he does not believe the Board has the authority to table the application for six months or a year under the Town Ordinance. He suggested the Board table action on the application until the next Board meeting. He could then be available to investigate further. Supervisor Thorpe inquired if the coater assembly is being installed regardless of the Board's determination regarding the relocation of the Homer plant. Mr. Suits stated that it is. Attorney Folmer stated if the Board wishes to table action on the Aquifer Protection Permit application the previous motion needs to be rescinded. RESOLUTION #59 RESCIND RESOLUTION #58 OF 2002 AQUIFER PROTECTION PERMIT SUBMITTED BY SUIT- KOTE CORPORATION FOR PROPERTY LOCATED ON ROUTE 11 Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby rescind Resolution #58 of 2002 denying the Aquifer Protection Permit submitted by Suit-Kote Corporation for property located on Route 11, tax map #97.00-01-31.000. RESOLUTION #60 TABLE AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY SUIT-KOTE ® CORPORATION FOR PROPERTY LOCATED ON ROUTE 11 UNTIL MARCH 6 2002 Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby table the Aquifer Protection Permit application submitted by Suit-Kote Corporation for property located on Route 11, tax map #97.00-01-31.000 until March 6, 2002. 318 FEBRUARY 20, 2002 TOWN BOARD MEETING PAGE 5 Attorney Folmer stated by the Board meeting on March 6, 2002, he would attempt to present a proposal regarding the Board's authority to table the Aquifer Protection Permit application f or a lengthy period of time. If the Board has that authority, could the application be tabled in such a way that the applicant would not be required to redo the entire process from beginning to end. Attorney Folmer apprised the Board of a notice in the Cortland Standard announcing Councilman Pilato's daughter being inducted into Honor Society at St. Bonaventure University. The Board congratulated Councihnnan Pilato on his daughter's accomplishment. Attorney Folmer apprised the Board he had not spoken with Code Enforcement i Officer Bruce Weber to verify any result of a code violation for Ann Wittmaack. Ms. Wittmaack is a client of Attorney Folmer's and he would be unable to prosecute. Attorney Folmer requested authorization to retain the services of Attorney Lawrence Knickerbocker to process the violation of Ms. Wittmaack, if necessary. RESOLUTION #61 AUTHORIZE RETAINING THE SERVICES OF ATTORNEY LAWRENCE KNICKERBOCKER FOR A CODE VIOLATION OF ANN WIT-EMAACK Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, CEO Bruce Weber notified Ann Wittmaack, of 1343 Ely Road, tax map #106.00-01-14.111 of code violations on her property, and WHEREAS, due to a conflict of interest Town Attorney John Folmer has requested the Town Board retain Attorney Lawrence Knickerbocker for any action necessary in said code violation, therefore BE IT RESOLVED, the Board does hereby authorize retaining Attorney Lawrence Knickerbocker if necessary, to proceed with compliance of a code violation of Ann Wittmaack. Councilman Testa inquired into the status of the Renaissance Drainage project. Attorney Folmer explained he has received the signatures for the drainage easements. The bid Packages for the project will be going out on March 1, 2002 and opened on March 18' . Attorney Folmer apprised the Board he will be out of town February 21 and 22, 2002. Councilman Testa made a motion, seconded by Councilman O'Donnell, to recess the Regular Meeting to an Executive Session to discuss pending litigation. All voting aye, the motion was carried. The meeting was recessed at 6:10 p.m. The following information was received from the Supervisor's office. Councilman Pilato made a motion, seconded by Councilman Testa, to adjourn the Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was carried. FEBRUARY 20, 2002 PAGE 6 319 1 r� 40 1 No action was taken. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:30 p.m. ZRResptfully submitted, Karen Q. Snyder Town Clerk Town of Corllandville