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.
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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
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FEBRUARY 20, 2002 TOWN BOARD MEETING PAGE 2
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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
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WHEREAS, a Public Hearing was duly held by this Town Board, therefore
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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.
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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
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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