Bulk fuel storage facility approved by Planning Board
Richard Williams, Chairman of the Town of Peru Planning Board, called the meeting of Wednesday, October 12th, 2011 at 7:00 pm to order. PLEDGE OF ALLEGIANCE. ROLL CALL: RICHARD WILLIAMS, CHAIR: PRESENT, DALE HOLDERMAN, VICE CHAIR: ABSENT, ADELE DOUGLAS: PRESENT, JOHN KANOZA: PRESENT, MARK LUKENS: PRESENT, MARK ROBINSON : ABSENT, BENJAMIN WRIGHT: ABSENT, KARA MCBRAYER (Alternate): PRESENT, ATTY. THOMAS MURNANE : EXCUSED, CEO: FRANK SLYCORD : PRESENT
APPROVAL of July Minutes. (No meeting in August or September.)
MOTION: Mr. Williams made a motion to table the July Minutes due to attendance. Second by Mrs. McBrayer. ROLL CALL: Mrs. Douglas ~ yes, Mr. Kanoza ~ yes, Mr. Lukens ~ yes, Mrs. McBrayer ~ yes, Mr. Williams ~ yes.
MOTION CARRIED.
PUBLIC HEARING:
1. SITE PLAN REVIEW & SEQR: LEROUX FUEL AND TRANSPORT, Dashnaw & Chamberlain Roads
Mr. Williams stated because there is not a full board tonight if the applicant would like to table their application until next month they may do so. Applicant declined the offer. Mr. Wright was assigned this application but was not present at the meeting. Thus, Mr. Williams asked Mr. Slycord to briefly explain the project. Mr. Slycord stated this applicant needed to apply for a Special Permitted Use and appeared before the ZBA on 9/21/11, that application was approved as a bulk storage facility of fuel oil products, contingent upon the approval of the Site Plan Review, the SEQR, and upon the regulations set by the D.E.C. are met. He also recognized this application was referred to the CCPB and met their approval. He further noted, back in 2005 Adirondack Energy Products applied for a Special Permitted Use for the same type of project and it was approved however the applicant opted to not pursue the Site Plan Review thus no further action was taken. He also acknowledged Mike Farrell mentioned he will want performance bonds for both Dashnaw and Chamberlain Roads. Mr. Slycord stated he spoke with Attorney Murnane on this matter, and it was Mr. Murnane’s opinion a performance bond is not necessary yet he noted when one is required it is usually determined by the amount of traffic flow on the road. Mr. Murnane further stated to Mr. Slycord he did not believe it would need to be considered a contingency of approval for this application but rather a directive by the Town Highway Superintendent as to whether the Town will require the bonds. Both Nick and Josh Leroux were present along with Mr. Carr the project manager to answer any questions. Mr. Leroux stated there would be 2 to 3 tractor trailer loads and 10 of their delivery truck loads per week coming in and going out of the property. He also stated during the busy months their delivery truck loads could possibly increase to 15 loads per week. Mr. Kanoza directed questions specifically pertaining to the catch basin and the containment system. Mr. Carr answered all the questions to Mr. Kanoza’s satisfaction. It was further acknowledged specific procedures for leaks/spills are set and to be followed per the DEC criteria. It was further recognized a monthly log and inspection are required by regulations yet the applicant plans to do them weekly. Mr. Carr recognized the DEC does not necessarily approve the submitted plans, but rather they inspect for compliance before the applicant’s registration is approved. The applicants answered all questions in detail and expanded upon many aspects all to the Board’s fulfillment. Mr. Kanoza stated he thought this was a very good project and the submitted plans were drawn up very well. Mrs. McBrayer inquired to when Phase 2, which is the building of an office, would get underway. Mr. Leroux stated they are unsure at this time whether they will build an office building as their current office space is centrally located for their customers and works really well for them. He stated they put Phase 2 in the plans as they did want the opportunity to build an office in the future if they so choose to do so. Screening was talked about and it was acknowledged this is I-C Zone (Industrial-Commercial), yet there are residential dwellings in the area and some screening should be required by the Board. It was further discussed that trying to screen the entire property with natural vegetation would be an unreasonable requirement but to require fencing around the fuel storage and containment area would provide some visual blocking of the tanks themselves. The Board also wanted the applicant to include some cedar hedges along with the chain-link/slat fencing.
It was acknowledged a SEQR was required.
MOTION: Mr. Williams moved to declare this an unlisted action and name the Town of Peru Planning Board as lead agency. Second by Mr. Lukens. ROLL CALL: Mrs. Douglas ~ yes, Mr. Kanoza ~ yes, Mr. Lukens ~ yes, Mrs. McBrayer ~ yes Mr. Williams ~ yes.
MOTION CARRIED.
Mr. Williams went over the SEQR; the Planning Board concurred there are no negative impacts.
MOTION: Mr. Lukens moved to declare this a negative declaration. Second by Mrs. Douglas.
ROLL CALL: Mrs. Douglas ~ yes, Mr. Kanoza ~ yes, Mr. Lukens ~ yes, Mrs. McBrayer ~ yes Mr. Williams ~ yes.
MOTION CARRIED.
MOTION: Mr. Williams made a motion to approve the submitted application and Site Plan with the following conditions: a copy of the approved D.E.C. registration, a copy of the SPCC plan, a road performance bond if required by the Town, and chain-link/slat fencing and cedar hedges to be placed around the storage tank containment area. Second by Mrs. Douglas.
ROLL CALL: Mrs. Douglas ~ yes, Mr. Kanoza ~ yes, Mr. Lukens ~ yes, Mrs. McBrayer ~ yes Mr. Williams ~ yes.
MOTION CARRIED.
ANY FURTHER BUSINESS: None.
CEO REPORT: Mr. Slycord stated he is busy with Building Permits.
ADJOURNMENT:
Mr. Lukens moved for adjournment.
All so moved.
Date filed with Town Clerk: 12/15/11
Posted: December 15th, 2011 under General News, Planning Board News.