NO. 16                                                                                                        PAGE 1

JULY 26, 2007

WEB SITE http://macedontown.net

 

A Regular Meeting of the Town Board of the Town of Macedon held July 26, 2007 at the Town Offices, 32 Main Street in the Village of Macedon, was called to order by Supervisor William Hammond at 7:30 P.M.

 

Pledge of Allegiance

 

Upon Roll Call, the following members of the Board were present:

Councilperson……….Paul Kenyon

Councilperson……….David Maul

Councilperson……….David McEwen

Councilperson……….Ken Nawrocki

                                    Supervisor…………...William Hammond

 

Also Present:             Highway Supt………..Richard Roets

Town Attorney……….Anthony Villani

Town Engineer………Scott Allen

Town Clerk………..…Judy Gravino

 

 

RESOLUTION NO. 185 (07)  APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of July 12, 2007 as presented.

MOTION BY MCEWEN, SECONDED BY KENYON

ROLL CALL VOTE:  KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI ABSTAIN, HAMMOND AYE  MOTION CARRIED

 

REPORTS – The Supervisor presented the following report:

Macedon Police June-07 Monthly Report

 

RESOLUTION NO. 186 (07) APPROVAL OF REPORTS

RESOLVED the Board approves the reports as submitted.

MOTION BY HAMMOND, SECONDED BY KENYON

ROLL CALL VOTE:  KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE  MOTION CARRIED

 

RESOLUTION NO. 187 (07) AUDIT – COURT BOOKS

RESOLVED the Macedon Town Board acknowledges the receipt of an audit performed by Kim V. Leonard of the court books and records for fiscal years:  1/1/2004-12/31/2004 and 1/1/2005-12/31/2005 for the Honorable Justice Thomas L. Crowley and the Honorable Justice Donald R. Fox, and be it further

 

RESOLVED the Macedon Town Board accepts the report and its findings as submitted.

MOTION BY NAWROCKI, SECONDED BY KENYON

ROLL CALL VOTE:  KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE  MOTION CARRIED

 

RESOLUTION NO. 188 (07) HIGHWAY – APPOINTMENT- BELLEFONTAINE

WHEREAS Andre Bellefontaine was appointed to the position of full time Heavy Equipment Operator by the Highway Superintendent effective 1/29/07 and whereas he has successfully completed a six month evaluation

 

BE IT RESOLVED that Andre Bellefontaine be appointed to the position of permanent Heavy Equipment Operator effective July 29, 2007 at a rate of $15.50/hour.

MOTION BY KENYON, SECONDED BY MAUL

ROLL CALL VOTE:  KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE  MOTION CARRIED

 

NO. 16                                                                                                        PAGE 2

JULY 26, 2007

 

RESOLUTION NO. 189 (07) SPEED LIMIT REDUCTION REQUEST

RESOLVED the Board authorizes the Town Clerk to file the necessary forms with the Department of Transportation requesting a speed reduction from 55 mph to 45 mph on North Wayneport Road from Route 31 to the canal.

MOTION BY NAWROCKI, SECONDED BY KENYON

ROLL CALL VOTE:  KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE  MOTION CARRIED

 

RESOLUTION NO. 190 (07) PICTOMETRY SYSTEM

RESOLVED the Board approves and authorized the Supervisor to sign the Authorized Subdivision Agreement relative to the Pictometry system with Wayne County.

MOTION BY NAWROCKI, SECONDED BY KENYON

ROLL CALL VOTE:  KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE  MOTION CARRIED

 

RESOLUTION NO. 191 (07) COURT ATTENDANT RESIGNATION

RESOLVED the Board accepts the resignation of James B. Forshay as Court Attendant effective August 17, 2007 and be it further

 

RESOLVED that the Town Clerk is authorized to advertise for the vacancy.

ROLL CALL VOTE:  KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE  MOTION CARRIED

 

RESOLUTION NO. 192 (07) SNOW & ICE CONTRACT AMENDMENT – STATE ROADS

RESOLVED the Town Board accepts the Amendment to Change The Estimated Expenditure for Snow & Ice Agreement on State Roads, Agency Certification Contract No. D009827, to revise the 2006/07 additional lane miles of state roads plowed/treated during the winter season and authorize the Supervisor to sign said agreement.

MOTION BY NAWROCKI, SECONDED BY KENYON

ROLL CALL VOTE:  KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE  MOTION CARRIED

 

RESOLUTION NO. 193 (07) PARKWOOD HEIGHTS STREET LIGHTING

RESOLVED the Macedon Town Board authorizes the Supervisor to accept the NYSE&G proposal to install 2-150 watt high-pressure sodium Rate 2 Street Lights at Parkwood Heights with an annual rate cost of $186.00 for that district.  (Rate 2 means Municipality owned.)

MOTION BY NAWROCKI, SECONDED BY KENYON

ROLL CALL VOTE:  KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

 

7:45 P.M. - PUBLIC HEARING – HIGH ACRES FACILITY – SPECIAL USE PERMIT – PHASE 111 HORIZONTAL/VERTICAL EXPANSION

 

The public hearing notice for the High Acres Facility was published on 7/2, 7/9, 7/16 & 7/23/07.  Notice was posted on 6/29/07.  The stenographer’s transcription of the public hearing will be available at the Town Clerk’s Office.

 

RESOLUTION NO. 194 (07) PUBLIC HEARING CLOSED

RESOLVED the Public Hearing be closed at 9:40 p.m.

MOTION BY HAMMOND, SECONDED BY KENYON

ROLL CALL VOTE:  KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

 

 

 

NO. 16                                                                                                        PAGE 3

JULY 26, 2007

 

RESOLUTION NO. 195 (07)  WASTE MANAGEMENT - HOST COMMUNITY SOLID WASTE DISPOSAL AGREEMENT

AGREEMENT to accept the Host Community Solid Waste Disposal Agreement subject to the Town Attorney’s approval and authorize the Supervisor to sign on behalf of the Town.

MOTION BY NAWROCKI, SECONDED BY MCEWEN

ROLL CALL VOTE:  KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 196 (07) WASTE MANAGEMENT – STATEMENT OF FINDINGS UNDER THE NEW YORK STATE ENVIRONEMTNAL

QUALITY REVIEW ACT AND TOWN OF MACEDON CODE AND ISSUING A

SPECIAL USE PERMIT TO WASTE MANAGEMENT OF NEW YORK, INC.

PURSUANT TO ITS LANDFILL EXPANSION TO BE LOCATED IN THE TOWN OF MACEDON

 

BE IT ENACTED BY THE MACEDON TOWN BOARD AS FOLLOWS:

 

WHEREAS, by application for special use permit (“SUP”) and revised application dated February 1, 2007, Waste Management of New York LLC (“WMNY”), as amended with the consent of WMNY at a public hearing on the SUP held on July 26, 2007 requested that a SUP be granted to it by the Town of Macedon (“Macedon”) which would permit the expansion of the High Acres Landfill and Recycling Center (“HALRC”) within properties located in Macedon (the “Project”) including property owned by WMNY totaling approximately 138.5 acres bounded by the Wayne/Monroe County Line on the west, Quaker Road on the north, Wayneport Road on the east, and the Erie Canal/CSX Railroad on the south which WMNY proposes to use to expand its existing landfill operation; and

 

WHEREAS, WMNY owns an additional 33 acres of undeveloped land in Macedon which WMNY proposed to utilize for support operations such as roadways, berms and sediment basins pursuant to the Project; and

 

WHEREAS, WMNY will not be altering  the nature of the waste stream which it accepts at the landfill pursuant to the expansion, nor does WMNY propose to increase the amount of waste taken in, but only seeks to expand the capacity of the landfill, and

 

WHEREAS, the proposed expansion of the HALRC is partially within the Town of Perinton in Monroe County, and partially within the Town of Macedon in Wayne County (hereinafter the proposed landfill expansion encompassing both the Towns of Macedon and Perinton shall be referred to collectively as the “Proposed Landfill Site”), and

 

WHEREAS, the process required under the New York State Environmental Quality Review Act (“SEQRA”) for the proposed landfill site was formally initiated on May 26, 2005 with WMNY’s submission to the New York State Department of Environmental Conservation (“NYSDEC”) a Part 360 permit application as well as applications seeking additional required permits including an Article 24 Fresh Water Wetlands Permit, as well as a Section 401 Water Quality certification application for a solid waste management facility permit as well as submitting a Long Environmental Assessment Form and a supplemental narrative, and

 

WHEREAS that NYSDEC declared itself as lead agency on July 5, 2005 in accordance with SEQRA, and

 

 

 

 

NO. 16                                                                                                        PAGE 4

JULY 26, 2007

 

WHEREAS, NYSDEC as lead agency issued a positive declaration on August 17, 2005 requiring the preparation of a draft supplemental environmental impact statement (“DSEIS”) for the Proposed Landfill Site, and thereafter NYSDEC noticed a public scoping meeting which was held on September 7, 2005, and

 

WHEREAS, subsequent to the public scoping meeting on September 7, 2005, WMNY submitted a revised application to NYSDEC dated November 16, 2005 with the revised application, including a vertical expansion as part of the Proposed Landfill Site, and

 

WHEREAS, based on the issues raised during the September 7, 2005 public scoping meeting, including various comments which were received both verbally and in writing, a draft scope for the DSEIS was prepared and distributed and the final scope was ultimately adopted by NYSDEC dated February 16, 2006, and

 

WHEREAS, DSEIS was submitted to NYSDEC as lead agency on April 24, 2006, and NYSDEC reviewed the DSEIS and deemed it complete on October 11, 2006.  Following such completeness determination by the NYSDEC, the DSEIS was made available for public comment and review beginning October 11, 2006 through November 27, 2006.  In addition, a public hearing was held on November 9, 2006 to receive comments on the DSEIS, and WMNY also held various public information sessions over the time period that began with a formal initiation of the SEQRA process in May 2005, and

 

WHEREAS, Macedon as an involved party actively participated in the referenced SEQRA review hearing process and public comment process, as well as attending public information sessions that WMNY held for the Proposed Landfill Site, and

 

WHEREAS, NYSDEC together with the involved agencies conducted a comprehensive and thorough SEQRA review process for the full build-out of the Proposed Landfill Site including that portion of WMNY’s that portion of the expanded landfill which is to be located in the Town of Macedon, and

 

WHEREAS, NYSDEC issued its SEQRA Findings and Statement pursuant to the Proposed Landfill Site on May 18, 2007 determining that each of the environmental impacts identified relative to the Proposed Landfill Site have been mitigated to the extent possible and certifying in accordance with SEQRA regulations that consistent with social economic and other considerations from among other reasonable alternatives, the action (the Proposed Landfill Site) was one which avoids or minimizes adverse environmental impacts to the maximum extent practical, and the adverse environmental impacts will be minimized to the extent possible by incorporating as conditions to the decision those mitigative measures which were identified as practicable, and

 

WHEREAS, the Project constitutes an extension of the lifespan of the existing High Acres Landfill Facility, but does not constitute any change in daily operations including tonnage accepted per day, hours of operation or other operational factors, and

           

WHEREAS, the Macedon Town Board retained the engineering firm of Clough Harbour Associates, L.L.C., for the purposes of conducting a third party independent engineering review of the Proposed Landfill Site, including the Project, and

 

WHEREAS, Clough Harbour Associates has reported back to the Town Board via a July 26, 2007 letter report that the proposed landfill expansion has been engineered in accordance with appropriate design standards, and

NO. 16                                                                                                        PAGE 5

JULY 26, 2007

 

WHEREAS, the Macedon Town Planning Board did perform an advisory review of the proposed revised Special Use Permit application dated February 1, 2007 by Town Planning Board resolution enacted on July 23, 2007, and the Town Planning Board offered a positive referral to the Town Board recommending the issuance of a Special Use Permit with the recommendation that certain landscaping or similar improvements be added or maintained to a drumlin located in proximity to the Wayneport Road, and

 

WHEREAS, the Wayne County Planning Board did review the proposed Special Use permit application on July 25, 2007, and offered its referral to the Town Board relevant to issuance of the Special Use Permit by letter dated July 26, 2007 and recommending the issuance of the Special Use Permit upon the inclusion of certain conditions including that royalty payments to be made as proposed by the Host Community Agreement be used to address impacts to local roads, etc. from the Project, that truck traffic associated with the Project be routed away from residential areas, that appropriate screening, etc. be implemented to avoid visual impacts to the Erie Canal, and further that the Wayne County Planning Board stated that it supports strategies such as the use of alternative fuel vehicles to service the Project, and the use of methane gas at the landfill to expand power generation capabilities instead of flaring such material, and

 

WHEREAS, the Macedon Town Board did publish a notice of public hearing and held a public hearing on July 26, 2007 to solicit any public comment relative to WMNY’s Special Use Permit application, and

 

WHEREAS, the Town of Macedon hereby adopts by reference the SEQRA findings made by the NYSDEC dated May 18, 2007 incorporating same in this resolution.  Further, as an involved agency and pursuant to its authority to issue or deny the SUP, the Macedon Town Board has made its own independent review of the SUP application including the Project and the Macedon Town Board hereby incorporates by reference into this resolution the attached Findings Statement dated July 26, 2007, and

 

WHEREAS, the Macedon Town Board has performed its own independent review of applicable documentation, including but not limited to the original and revised applications submitted by WMNY for a Special Use Permit, the DSEIS and FSEIS as well as each of the documents submitted in support of same during the SEQRA process as referenced above, and the Board has determined that WMNY has complied with as a condition precedent for the approval of application for the SUP each of the required conditions as set forth in the Code for the Town of Macedon for the issuance of a Special Use Permit, and

 

WHEREAS, the Macedon Town Board has negotiated and adopted a Host Community Agreement (“HCA”) dated July 26, 2007, and

 

WHEREAS, in the opinion of the Macedon Town Board, WMNY has demonstrated, through its longstanding presence in the Macedon/Perinton community that it is capable to own and operate a project of this size and scope, and

 

WHEREAS, in the opinion of the Macedon Town Board, approval and issuance of this Special Use Permit is in the best long term interest of the citizens in the Town of Macedon, and

 

WHEREAS, Section 110-6b of the Macedon Town Code and other applicable provisions of the Code provides that a municipal solid waste landfill shall be permitted by the proposed site by a Special Use Permit approved by the Board.

 

NO. 16                                                                                                        PAGE 6

JULY 26, 2007

 

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF MACEDON AS FOLLOWS:

 

1.         In accordance with the attached Findings Statements, which is incorporated herein by reference, the Town of Macedon Town Board in accordance with SEQRA requirements including 6 N.Y.C.R.R. Section 617.11(b) that the attached findings be adopted in all respects including based on the conditions and requirements as set forth therein; and

 

2.         Based upon the foregoing, the Macedon Town Board hereby issues the Special Use Permit subject to the following conditions:

 

            a.  The Special Use Permit be for a five year term, unless sooner terminated by reason of transfer of the ownership or activities, ending December 31, 2011, prior to which time WMNY must reapply for another 5 year SUP.

            b.  The Applicant shall obtain all required approvals from outside agencies, including but not limited to a Part 360 Solid Waste Operating Permit, an Article 24 Freshwater Wetland Permit, a Title V Air Permit, and a 401 Water Quality Certification from the NYSDEC, which are necessary to operate the Solid Waste Landfill within the Town of Macedon, prior to commencing construction and operation.

            c.  WMNY shall pay all application fees relative to the Special Use Permit issuance, and also finalize all payments to cover the costs of the Town’s outside engineering and legal consultants for monies due above and beyond the initial $30,000.00 paid at the time of application, file a signed host community agreement in the form agreed to and approved by the Town and WMNY on July 26, 2007 and pay the first year minimum royalty in the amount of $1,000,000 and first year payment in lieu of recycling in the amount of $150,000 as provided in the HCA, and.

            d.  All Special Use Permit operating conditions for operation of the property shall be as spelled out in the adopted Host Community Agreement and the Findings as adopted by the Town Board on July 26, 2007.  The approved current Host Community Agreement shall be considered part of the Special Use Permit approval, and shall be attached to any issued Special Use Permit.

            e.  The Town of Macedon shall be allowed reasonable access to the High Acres property to perform periodic inspections to ensure conformance with the terms and conditions of this permit.

            f.  WMNY agrees to work cooperatively with the Town of Macedon in the future to implement new and innovative technologies and planning for the long term use of the landfill property, including methane power production, varying landscape cover treatments, and beneficial community uses of the property.

            g.  The permit and the activities authorized therein or ownership of the landfill, may not be transferred, directly or indirectly, to any other person or entity.  Notwithstanding the provisions of paragraph 1 above, this permit shall expire upon the transfer of ownership of the landfill or any operations thereon or any operations authorized by this permit to any person or entity other than WMNY.

 

DECISION

 

            This resolution shall be filed and/or published to the extent required by the applicable provisions of the Zoning Code of the Town of Macedon, and the SEQRA regulations.

MOTION BY MCEWEN, SECONDED BY NAWROCKI

ROLL CALL VOTE:  KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

 

NO. 16                                                                                                        PAGE 7

JULY 26, 2007

 

Town of Macedon Town Board

July 26, 2007

Waste Management of New York, LLC

High Acres Landfill and Recycling Center

Parkway Expansion Phase III and Vertical Expansion

 

 

 

DETERMINATION AND FINDINGS OF THE TOWN OF MACEDON PURSUANT TO THE TOWN OF MACEDON CODE AND SEQRA FOR THE WASTE MANAGEMENT OF NEW YORK, LLC HIGH ACRES LANDFILL & RECYCLING CENTER (HALRC) FACILITY APPLICATION FOR A SPECIAL USE PERMIT TO EXPAND THE EXISTING LANDFILL. 

 

WHEREAS, Waste Management of New York, L.L.C. (WMNY) owns properties within the Town of Macedon (hereinafter “Macedon”) bounded by the Wayne/Monroe County Line on the west, Quaker Road on the north, Wayneport Road on the east, and the Erie Canal/CSX railroad on the south, totaling approximately 138.5 acres which it proposes to use to expand its existing landfill operations, and

 

WHEREAS, WMNY owns an additional 33 acres of  undeveloped land in Macedon which WMNY proposes to utilize for support operations such as roadways, berms and sedimentation basins.  WMNY will not be altering in any fashion the nature of the waste stream which it accepts at the landfill, nor does it propose to increase the amount of waste taken in, but only seeks to expand the capacity of the landfill, and

 

WHEREAS, WMNY has applied to Macedon for a Special Use Permit (“SUP”), which would permit the expansion of the High Acres Landfill and Recycling Center (HALRC) within the properties described above within the Town of Macedon (the “Project”), and

 

WHEREAS, the proposed expansion of the HALRC is partially within the Town of Perinton in Monroe County, and partially within the Town of Macedon in Wayne County (hereinafter the proposed landfill expansion encompassing both the Towns of Macedon and Perinton shall be referred to collectively as the “Proposed Landfill Site”), and

 

WHEREAS, the New York State Environmental Quality Review Act (“SEQRA”)  process for the Proposed Landfill Site was formally initiated on May 26, 2005 with WMNY’s submission to the New York State Department of Environmental Conservation (“NYSDEC”) a Part 360 permit application as well as an application including an Article 24 Fresh Water Wetlands Permit and a Section 401 Water Quality certification application for a solid waste management facility permit as well as submitting a Long Environmental Assessment Form (“LEAF”) and supplemental narrative, and

 

WHEREAS, the NYSDEC declared itself as lead agency on July 5, 2005, and in accordance with SEQRA notified other involved agencies including Macedon and the Town of Perinton and, in accordance with SEQRA procedure, none of the involved agencies objected to NYSDEC acting as lead agency or each other involved agency consented to NYSDEC acting as lead agency, and

 

WHEREAS, NYSDEC as lead agency issued a positive declaration on August 17, 2005 requiring the preparation of a draft supplemental environmental impact statement  (“DSEIS”) for the Proposed Landfill Site, and NYSDEC noticed a public scoping meeting which was held on September 7, 2005, and

 

NO. 16                                                                                                        PAGE 8

JULY 26, 2007

 

WHEREAS, subsequent to holding the public scoping meeting on September 7, 2005, WMNY submitted a revised application to NYSDEC dated November 16, 2005.  The revised application included the expansion referenced above, including the vertical expansion as part of the Proposed Landfill Site.  As a result, the NYSDEC scheduled an additional public scoping meeting which was held on January 5, 2006, and

 

WHEREAS, based on the issues and concerns raised during the September 7, 2005 public scoping meeting in which various comments were received, a draft scope for the DSEIS was prepared and distributed by the NYSDEC on December 6, 2005.  Following the January 5, 2006 public scoping meeting and additional comment, a final scope for the DSEIS was prepared and distributed by NYSDEC on February 16, 2006, and

 

WHEREAS, the DSEIS was submitted to NYSDEC as lead agency on April 24, 2006 and NYSDEC reviewed the DSEIS and deemed it complete on October 11, 2006.  Following the completeness determination by the NYSDEC the DSEIS was made available for public review and comment beginning October 11, 2006 through November 27, 2006.  In addition, a public hearing was held on November 9, 2006 to receive comments on the DSEIS, and WMNY also held various public information sessions over the time period that began with the formal initiation of the SEQRA process in May of 2005, and

 

WHEREAS, upon closure of the public comment period, as referenced previously,  a FSEIS was prepared and submitted to the NYSDEC which incorporated revisions to the DSEIS the comments to the DSEIS and responses to same including comments received from the public and agencies, and

 

WHEREAS, the NYSDEC as referenced previously, conducted a comprehensive and thorough SEQRA review process together with each of the involved agencies including Macedon for the Applicant’s request for full build out of the Proposed Landfill Site, including that portion of the expanded landfill which is to be located in the Town of Macedon, and

 

WHEREAS, the NYSDEC issued its findings pursuant to the Proposed Landfill Site on May 18, 2007 determining that each of the environmental impacts identified relative to the Proposed Landfill Site have been mitigated to the extent possible, and certifying in accordance with SEQRA regulations that consistent with the social, economic and other essential considerations from among the reasonable alternatives available, the action (the Proposed Landfill Site) was one which avoids or minimizes adverse environmental impacts to the maximum extent practical, and that adverse environmental impacts will be minimized to the maximum extent possible by incorporating as conditions to the decision those mitigative measures which were identified as practicable, and

 

WHEREAS, the Project constitutes an extension of the lifespan of the existing High Acres Landfill facility, but does not constitute any change in daily operations, including tonnage accepted per day, hours of operation or other operational factors, and

 

WHEREAS, the Macedon Town Board retained the engineering firm of Clough Harbour Associates, L.L.C., for the purposes of conducting a third party independent engineering review of the Proposed Landfill Site including the Project, and

 

WHEREAS, Clough Harbour Associates has reported back to the Town Board via a July 26, 2007 letter report that the proposed landfill expansion has been engineered in accordance with appropriate design standards, and

 

NO. 16                                                                                                        PAGE 9

JULY 26, 2007

 

WHEREAS, the Macedon Town Planning Board did perform an advisory review of the proposed revised Special Use Permit application dated February 1, 2007 by Town Planning Board resolution passed on July 23, 2007, and the Town Planning Board offered a positive referral  to the Town Board, and recommended the issuance of the special use permit with the recommendation that certain landscaping or similar improvements be added  or maintained to a drumlin  located in proximity to Wayneport Road, and

 

WHEREAS, the Wayne County Planning Board did review the proposed Special Use Permit application on July 25, 2007, and offered its referral to the Town Board relative to issuance of the special use permit by letter dated July 26, 2007 and recommended the issuance of  such special permit upon the inclusion of certain conditions, including that the royalty payments to be made as proposed by the Host Community Agreement be used to address any impacts to local roads etc. from the Project, that truck traffic associated with the Project be routed away from residential areas, that appropriate screening etc. be implemented to avoid visual impacts to the Erie Canal, and further the Wayne County Planning Board stated that it supports strategies such as the use of alternative fuel trucks to service the Project and the use of methane gas at the landfill to expand power generation capabilities instead of flaring, and

 

WHEREAS, the Macedon Town Board, did publish notice of a public hearing and held a public hearing on July 26, 2007 to solicit any public comment relative to the Special Use Permit application, and

 

WHEREAS, the Town of Macedon hereby adopts the SEQRA findings made by the NYSDEC incorporating the same in its resolution dated July 26, 2007.  Further, as an involved agency, and pursuant to its authority to issue or deny the SUP, the Macedon Town Board has made its own independent review of the application including the Project as it is seeking a SUP, and in accordance with SEQRA regulations and specifically Title 6 N.Y.C.R.R Section 617.11(c) and hereby issues its findings as required and finds:  (A) that the proceedings undertaken by the NYSDEC as Lead Agency under SEQRA with respect to the Project satisfy the requirements of SEQRA; and (B) that  such proceedings by the Lead Agency are hereby ratified; and (C) independently finds based upon the Town Board’s review of applicable documentation including but not limited to the application submitted by WMNY for a special use permit the DSEIS and the FSEIS that each of the provisions of SEQRA that are required to be complied with as a condition precedent to the approval of the Application for SUP with respect to the Project have been satisfied; and including incorporating by reference the NYSDEC State Environmental Quality Review Act Findings Statement with respect to the Project dated May 18, 2007, and

 

WHEREAS, the Macedon Town Board has negotiated and adopted a Host Community Agreement (HCA) on July 26, 2007, and

 

WHEREAS, in the opinion of the Macedon Town Board, WMNY has demonstrated, through its long standing presence in the Macedon/Perinton community, that is has the capability to own and operate a project of this size and scope, and

 

WHEREAS, in the opinion of the Macedon Town Board, approval and issuance of this Special Use Permit is in the best long term interest of the citizens of the Town of Macedon, and

 

WHEREAS, Section 110-6b of the Macedon Town Code provides that a municipal solid waste landfill shall be permitted at the proposed site by Special Use Permit approved by the Town Board.

 

NO. 16                                                                                                        PAGE 10

JULY 26, 2007

 

NOW THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF MACEDON AS FOLLOWS:

 

Section 1.            Description of Action.  Based upon a review of the Application, the DSEIS, the FSEIS, consideration of comments provided at the various hearings and meetings described above, and the NYSDEC’s SEQRA Findings determining that the Project minimizes or avoids adverse environmental effects to the maximum extent practicable, the Town Board hereby adopts the following Findings statement as part of this resolution:

 

Waste Management of New York LLC proposes a lateral and vertical expansion of the existing permitted western expansion landfill (“WEX”) and Parkway Expansion Phase I and II and to the landfill.  The proposed expansion includes a vertical expansion over a 7.4 acre overliner over the northeast corner of the existing closed landfill and approximately 90 acres over the existing permitted landfill.  The vertical expansion is anticipated to be approximately 100 feet above the existing, permitted landfill.  The proposed lateral expansion includes 144.3 acres of new and closed landfill operations in the Town of Macedon (138.5 acres) and the Town of Perinton (5.8 acres) and an additional 33. acres of undeveloped land located in the Town of Macedon to be utilized by WMNY for support operations (i.e., roadways, berms, sedimentation bases), with the portion of the Proposed Landfill Site located in the Town of Macedon being referred to herein as the Project.  The proposed expansion will extend the life of the landfill an additional 43.3 years.  The expansion will not involve any changes in the operations of the facility or the approved annual average of 3,500 tons per day design capacity.  A double composite liner system and primary and secondary leachate collection systems will be utilized in the design of the landfill expansion.  The Proposed Landfill Site also involves mitigation for fill of approximately 9.43 acres (including Phase II) of federally regulated wetland.  Mitigation will include creation of additional wetland areas and enhancement to provide habitat diversity.

 

Section 2.      Facts and Conclusions Relied Upon to Support the Town of Macedon’s Decision.  The Town has reviewed the Standards for Issuance of Special Use Permits contained at Section 135.182.2 of the Macedon Town Code and other applicable provisions (the “ordinance”) and the Town and makes the following findings addressing the following factors considered by the Town Board or as enumerated in the Ordinance as well as the facts summarized below:

 

The Town has reviewed the draft and final supplemental environmental impact statements and other documents associated with the environmental reviews for the proposed landfill site, as well as WMNY’s revised special use permit application, WMNY’s submission of updated qualifications and experience in landfill operations, as well as referenced, the Findings issued by the NYSDEC on May 18, 2007 which it incorporates herein by reference. 

 

Section 3.            Findings Based Upon Applicable Law Including the Town of Macedon Ordinance Provisions For Issuance of a Special Use Permit. 

 

Ordinance Section 135.182.2 A: ANY APPLICATION FOR A SOLID WASTE LANDFILL SHALL BE CONSIDERED A "TYPE I" ACTION, PURSUANT TO THE SEQRA REVIEW PROCESS, PURSUANT TO 6 NYCRR PARTS 617.4 (A) (1).

 

 

 

 

 

 

NO. 16                                                                                                        PAGE 11

JULY 26, 2007

 

FINDING:  As set forth in section 1 above, the Town of Macedon participated as  an involved agency in the review of the Project (for purposes of the issuance of various New York State permits including Part-360 permits and other necessary permits to be issued by the State) as it was encompassed in the Proposed Landfill Site, and as such the Project has been determined by the NYSDEC as well as the Town of Macedon to be a Type 1 action and such action was subject to the referenced environmental review which included the participation of the Town of Macedon as was subject to the Town of Macedon’s review pursuant to the issuance of these Findings. 

 

Ordinance Section 135.182.2 B: THE APPLICANT SHALL SUBMIT A WRITTEN STATEMENT WHICH SETS FORTH THE DETAILS OF THE OPERATION OF THE PROPOSED USE, INCLUDING THE APPLICANT'S QUALIFICATIONS AND EXPERIENCE IN OPERATING A SOLID WASTE LANDFILL.

 

FINDING:  Found based on the application for this special use permit and the DSEIS, FSEIS and WMNY’s experience and qualifications in operating a solid waste landfill are demonstrated by Exhibit XXVI submitted at the SUP hearing held on July 26, 2007 being an update of the qualifications of WMNY, a copy of Waste Management, Inc. 2006 Annual Report and SEC 10-k filed for the year 2006, and which indicate the corporate financial information that WMNY has adequately demonstrated that it has the requisite experience and competence to operate the Project.  In addition, the operations of the Project are regulated by the Department under 6 NYCRR Part 360-2.16 and 6 NYCRR Part 201.  The special use permit issued on this application shall be conditioned on WMNY receiving  the necessary permits, thereby establishing operation, maintenance, monitoring and reporting requirements.  The Town is satisfied that this requirement has been met.

 

Ordinance Section 135.182.2 C:  THE SPECIAL USE PERMIT TERM FOR A SOLID WASTE LANDFILL SHALL BE FIVE YEARS, AFTER WHICH THE PERMIT SHALL BE CONSIDERED FOR RENEWAL BY THE TOWN BOARD, FOR SUBSEQUENT TERMS OF FIVE YEARS.

 

FINDING:  Found based on understanding and consent of WMNY set forth at page 8 of the SUP application paragraph titled "Special Use Permit Term" as amended at the hearing on the SUP on July 26, 2007.  The special use permit sought by WMNY pursuant to this application shall be issued for a period not to exceed five years.

 

Ordinance Section 135.182.2 D:  IN MAKING ITS DECISION TO GRANT A SPECIAL USE PERMIT FOR A SOLID WASTE LANDFILL, THE TOWN BOARD SHALL THOROUGHLY INVESTIGATE AND CONSIDER ALL IMPACTS RELATIVE TO THE OPERATION OF A SOLID WASTE LANDFILL, INCLUDING, BUT NOT LIMITED TO, TRAFFIC GENERATION VERSUS EXISTING LEVELS, TRAFFIC PATTERNS AND PROPERTY VALUES.

 

FINDING:  See Environmental Findings below.

 

Ordinance Section 135.182.2 E:  SOLID WASTE LANDFILLS MUST PROVIDE A COMPREHENSIVE, GUARANTEED PROPERTY VALUE PROTECTION PROGRAM FOR ALL EXISTING PROPERTIES WITHIN 1/2 MILE OF THE FACILITY WITHIN THE TOWN OF MACEDON AT THE TIME OF THE INITIAL SPECIAL USE PERMIT APPROVAL, IN A MANNER SATISFACTORY TO THE TOWN BOARD.

 

 

 

NO. 16                                                                                                        PAGE 12

JULY 26, 2007

 

Ordinance Section 135.182.2 F:  SOLID WASTE LANDFILLS MUST PROVIDE THE TOWN OF MACEDON A HOST COMMUNITY AGREEMENT, TO BE NEGOTIATED BY THE TOWN BOARD, WHICH WILL ADEQUATELY COMPENSATE THE CITIZENS OF THE TOWN OF MACEDON FOR PERMITTING SUCH USE TO EXIST.

 

FINDING FOR 135.182.2.E AND 2.F:  Found based on Host Community Agreement with Property Protection Plan annexed hereto as an exhibit which  are incorporated herein by reference that this criteria has been satisfied.  The special use permit to be issued based on this application shall be conditioned on the execution and continuation without default of the Host Community Agreement with Property Protection Plan and that language of each as annexed hereto meets each of the applicable requirements under the Macedon Town Code, as the Host Community Agreement which includes a provision of among other requirements, insurance and royalty payments to the Town of Macedon.  Thus the Town finds that the Host Community Agreement adequately compensates the citizens of the Town of Macedon for permitting the use contemplated by the Project to exist.  Further, the Town Board finds that the Property Protection Plan which includes guaranteed property value protection for existing properties within a ½ half mile radius of the Project is satisfactory to the Town Board. 

 

Ordinance Section 135.182.2 G:  TO ENSURE THAT THE FACILITY REMAINS UNDER THE CONTROL OF A COMPETENT OPERATOR/OWNER, ANY CHANGE IN OWNERSHIP OR OPERATOR OF THE SOLID WASTE DISPOSAL FACILITY REQUIRES THE NEW OWNER TO APPLY FOR, AND RECEIVE, A NEW SPECIAL USE PERMIT FROM THE TOWN BOARD, PRIOR TO ANY SUCH CHANGE OCCURRING.

 

FINDING:  Found based on understanding and specific consent of WMNY as set forth at page 8 of the SUP application, as amended at the SUP hearing on July 26, 2007 with the consent of WMNY, paragraph titled "Change in Ownership/Operator". Thus, the special use permit to be issued shall not be transferred to any other person or entity in accordance with the referenced requirements. 

 

Ordinance Section 135.182.2 H:  THE TOWN BOARD SHALL REQUIRE ADEQUATE FINANCIAL SECURITY FROM THE OWNER OF THE FACILITY TO GUARANTEE APPROPRIATE FINAL CLOSURE OF THE FACILITY TO NYSDEC STANDARDS AT NO EXPENSE TO THE TOWN OF MACEDON.

 

Ordinance Section 135.182.2 I:  THE TOWN BOARD SHALL REQUIRE ADEQUATE FINANCIAL SECURITY FROM THE OWNER OF THE FACILITY TO GUARANTEE THAT THE APPROPRIATE LONG-TERM MONITORING AND MAINTENANCE OF THE FACILITY WILL OCCUR FOLLOWING FINAL CLOSURE, FOR A PERIOD OF NOT LESS THAN THE MANDATED LONG-TERM MONITORING TIMEFRAME REQUIRED BY THE NYSDEC, OR 50 YEARS, WHICHEVER IS GREATER, AT NO EXPENSE TO THE TOWN OF MACEDON.

 

 

 

 

 

 

 

 

 

 

 

NO. 16                                                                                                        PAGE 13

JULY 26, 2007

 

FINDINGS FOR 135.182.2 H and I:  Found as required by the 360 permit (Subpart 360-2.19).  The Town Board has reviewed the application in this regard and is satisfied that based on WMNY’s meeting of the financial assurance criteria as set forth in the referenced application that the Town of Macedon’s requirement that adequate financial security be provided to guarantee appropriate final closure and to undertake long term monitoring has been met by WMNY. It should be noted that the long term monitoring and maintenance requirements set forth in Section 135.182.2 of the Ordinance states that such monitoring etc shall be undertaken for a period of 50 years, but this is a typographical error which the Town has not yet corrected; as such, the period required by statute is actually 30 years to conform to the requirements of New York State, and WMNY has committed to undertake such measures for 30 years in the HCA attached hereto and incorporated by reference.  Any special use permit based on this application shall be conditioned upon WMNY obtaining a part 360 permit complying with 360-2.19.

 

Ordinance Section 135.182.2 J: THE TOWN BOARD SHALL REQUIRE SUBSTANTIAL LANDSCAPING AND BUFFERING TO MITIGATE VISUAL IMPACTS OF THE FACILITY.

 

Ordinance Section 135.182.2 K: THE TOWN BOARD SHALL CONSIDER ALL SITE DESIGN CONSIDERATIONS (            i.e. SIZE, HEIGHT, LOCATION, SETBACKS, ETC) ON A SITE SPECIFIC BASIS, CONSIDERING LOCAL CONDITIONS, IMPACT ON RESIDENTS AND ALL OTHER RELEVANT FACTORS.

 

Ordinance Section 135.182.2 L:  SOLID WASTE LANDFILLS SHALL NOT BE SUBJECT, IN ANY WAY, TO THE REQUIREMENTS OF TOWN ZONING LAW § 135-187.

 

Ordinance Section 135.182.2 M: THE TOWN BOARD SHALL IMPOSE ANY CONDITIONS AND TAKE ANY ACTIONS IT DEEMS NECESSARY TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE.

 

FINDINGS FOR Ordinance Section 135.182.2 J, K, L and M.

 

1.            The siting of such a facility does not pose a hazard to the health, safety and general welfare of the community.  The Town has determined that the siting of the Project will not pose a hazard to the health, safety and general welfare of the community. The Town’s review of the Project’s potential effect on health, safety, and the general welfare of the community included a review of the DSEIS, FSEIS and the NYSDEC Findings.  The Project is regulated by and requires a solid waste management facility permit under 6 NYCRR Part 360-1.11a(1) (“Part 360 Permit”), which states that a permit issued pursuant to this part “must assure, to the extent practicable, that the permitted activity will pose no significant adverse impact on public health, safety or welfare, the environmental or natural resources.”  Because the Project can only be undertaken in accordance with a Part 360 Permit, and because  the special use permit will be conditioned on the NYSDEC having issued its Part 360 Permit with respect to the Project (as part of the Proposed Landfill Site) together with the other permits and authorizations required as previously set forth, the Town has determined based upon its careful review of those documents and the particular potential impacts to the Town of Macedon, as well as based on the Town Board’s review of the Planning Board’s recommendation and has considered the Wayne County Planning Board’s recommendation that the Project will not pose a hazard to the health, safety, and general welfare to the community. 

 

 

 

NO. 16                                                                                                        PAGE 14

JULY 26, 2007

 

In addition, as part of the Host Community Agreement negotiated and adopted by the Town of Macedon, WMNY shall provide a property protection plan guaranteeing property value protection to nearby property. 

 

2.              Project Need:  The need for the proposed landfill expansion is set forth in the FSEIS. The purpose of the project is to extend the site life of the High Acres Landfill and Recycling Center to ensure an economically and environmentally sound waste disposal option for residents of New York State. 

 

3.              Traffic:  WMNY has shown in the Traffic Impact Study which is included in Appendix 20 of the FSEIS, and the NYSDEC has accepted, that WMNY will continue to accept an average of 3,500 tons of solid waste per day based on an annual average, consistent with the current approved design capacity. With the phase III lateral and vertical expansion, the permitted rates of incoming waste will remain unchanged.  Landfill associated traffic throughout is consistent with ambient traffic growth throughout the surrounding area.  As detailed in the DSEIS and FSEIS, the Host Community Agreement provides royalty payments which may be used to address impacts related to traffic.  Further, any truck traffic related to the Project’s operations is limited to state roads in the Town of Macedon; therefore there should be minimal  impact to Town and County roads. 

 

4.              Visual and Aesthetic Resources: Visual evaluations, which include a viewshed analysis with and without vegetation (see Figures 4.2.2 and 4.2.6, High Acres Landfill and Recycling Center Parkway Phase III Expansion Final Supplemental Environmental Impact Statement, January, 2007) and visual photo simulations were reviewed by the Board to evaluate the potential visibility and visual impacts of the proposed Phase III lateral and vertical expansion. A total of twenty (20) viewpoints considered sensitive to visual impacts were chosen and evaluations completed in accordance with the NYSDEC Program Policy on Assessing and Mitigating Visual Impacts. Six aesthetic resources of statewide significance were found to be in the viewshed of the Phase III and vertical expansion. Two of these resources can only be seen without vegetation. All are already in the viewshed of the existing landfill; therefore any increased visual impact from the Project and Proposed Landfill Site is minimal. 

 

A conceptual Interim Land Use Plan and a Conceptual Post-Closure Use Plan have been developed to mitigate the visual impact of Phase III and the vertical expansion. Final completion mitigation measures include: rows and patches of shallow-rooted vegetation planted at selected locations on the landfill cap to break up the mass and site lines of the landfill; use of different seed mixtures to establish the final vegetative cover on the finished landfill; sequential mowing to establish a variety of vegetative growth; a buffer zone of vegetation along the Barge Canal and WMNY's southern site perimeter will remain in place to lessen the visual impact of the project to users of the Barge Canal and the adjacent bike path; the majority of the existing drumlin on the southeastern portion of the project site will be preserved by incorporating it into the landfill design; and a buffer zone of vegetation will also be planted along Wayneport Road to lessen the visual impact of the project. Operation impacts, defined as the view of an exposed working face while cells are under construction, have been identified and adequately addressed. These operational impacts are essentially short term and occur when the landfill is at a lower elevation than the finished height. 

 

 

 

 

 

 

NO. 16                                                                                                        PAGE 15

JULY 26, 2007

 

Further, the Board has considered the recommendation by the Town Planning Board including that portion of the recommendation which recommends that WMNY provide specific landscaping so as to mitigate future impacts to the Wayneport Road and particularly the east slope of the drumlin which faces Wayneport Road to insure that such landscaping is planted and maintained so as to mitigate visual impacts from the Project.

 

5.              Wetland resources:

 

            A.        Direct Wetland Impacts:  The proposed Phase III lateral and vertical expansion will result in the excavation and subsequent filling of approximately 9.43 acres (including Phase II) of federal jurisdictional wetlands. WMNY has proposed a compensatory mitigation plan to replace the total acreage of disturbed wetlands at a ratio of 2:1 for a total compensation of 20.34 acres. The Town Board finds that the compensatory wetland mitigation proposed will offset the impacts to the wetland resources in the expansion area and that the water quality of adjacent resources will be protected.

 

                        B.              Indirect Wetland Impacts:  WMNY has agreed that specific mitigation measures will be used to minimize indirect  impacts which include: phasing of construction activities so that the amount of bare soil exposed at one time will be minimized to the extent practicable; work should be done after the spring wet season, but early enough in the growing season so that the vegetation can become well established before winter; fill and spoil areas will be selected to avoid excessive siltation, soils will be stockpiled in upland areas outside any wetland and its buffer area and away from other surface waters, and erosion control measures will be utilized to prevent erosion of the stockpiled soil; earthworks will be periodically inspected to detect evidence of erosion and sedimentation with corrective measures implemented as necessary; installation of silt fencing, straw bales, stone check dams and other sediment traps; installation of temporary sediment basins; diversion of off-site runoff around the work zone with a stabilized ditch or berm; seeding and mulching exposed soils immediately following final grading; and stabilization of construction entrances. Each of these activities shall be undertaken in accordance with the State Pollutant Discharge Elimination System (SPDES) General Permit for Storm Water Discharges from Construction Activities (GP-02-01) and the SPDES Multi-Sector General Permit for Storm Water Discharges from Industrial Activities (GP-0-06-002).  Also WMNY maintains and implements a Storm Water Pollution Prevention Plan (SWPPP).  The existing SWPPP is dated May 10, 2004 and is located in Appendix 19 of the FSEIS and in accordance with the provisions set forth in the SWPPP, WMNY will continue to follow and implement same  to mitigate same to the extent storm water is produced.  (High Acres Landfill & Recycling Center Parkway Phase III Expansion Final Supplemental Environmental Impact Statement, Stantec, January 2007, Wetland Impact Analysis Report for High Acres Landfill & Recycling Center, April 2006, Addendum to the Wetland Impact Analysis Report and Joint Application for Permit for High Acres Landfill & Recycling Center, March 2007).

 

 

 

 

 

 

 

 

 

 

 

 

NO. 16                                                                                                        PAGE 16

JULY 26, 2007

6.              Impacts on Sewer Use:  WMNY currently discharges the primary and secondary leachate collection systems of the existing landfill to a Monroe County plant using WMNY's existing sanitary sewer connection. It is proposed to continue discharging the leachate generated in the Town of Perinton in this manner. WMNY intends to tie into the Macedon municipal sewer system in the future and discharge the leachate from the primary and secondary leachate collection systems in the portion of the landfill located in the Town of Macedon to the Macedon sewer system. The Town of Macedon sewer system discharges into the Village of Macedon Wastewater Treatment Plant, which has a design capacity of 750,000 gallons per day (gpd) and a current daily flow of 300,000 gpd. The projected leachate flows from this portion of the expansion, 35,000 gpd, are not anticipated to have a significant impact on the Town's contractual capacity at the treatment plant of 500,000 gpd. WMNY shall fund improvements and upgrades to the existing Macedon sewer system (i.e. sanitary forcemain, pump station) that will be necessary prior to the connection to the system.  Specifically, WMNY has committed in the Host Community Agreement to contribute financially to those proposed sewer upgrades to the extent that the Project impacts the Macedon sewer system once the connection is made, including funding appropriate sewer upgrades as necessary to accommodate the expansion and address impacts from same by agreeing to make the payments required of WMNY to such districts or funds as may be directed by the Town Board and to become part of any special improvement district required by the Town. 

 

7.            Cultural Resources: According to the NYS Archeological Site Map maintained by the NYS Office of Parks, Recreation and Historic Preservation, the proposed expansion is not in an archeologically sensitive area and there are no national or state register sites or state historic sites adjacent to or in the vicinity of the proposed expansion including the Project.  Appropriate mitigation has been proposed for the Union Burying Ground located in the northeast corner of the expansion area. In addition, WMNY currently maintains the Union Burying Ground.  Additional provision has been made to visually screen the New York Barge Canal from the expansion site as is set forth in the Conceptual Interim Use Plan and Conceptual Post-Closure End Use Plan at Appendix 12 of the FSEIS.

 

8.              Impact of Regional/Local Solid Waste Management Plans:  The use and operation of the proposed expansion is consistent with the goals and operations of the Western Finger Lakes Solid Waste Management Authority and does not negatively impact on that authority's goals and objectives. See FSEIS, January 2007.

9.               Noise:  Noise impacts were evaluated in accordance with NYSDEC Assessing and Mitigating Noise Impacts Policy and 6 NYCRR 360. The proposed expansion will not change the current operating or construction procedures at the facility.  Two noise studies conducted in 1999 demonstrate that the hourly sound levels associated with operations at this facility fall within the requirements set forth in 6 NYCRR 360-1.14(p). These noise studies demonstrate that the ambient background noise is greater than the Phase III expansion and within limits consistent with the NYSDEC Assessing and Mitigating Noise Impacts Policy. In addition, WMNY has agreed that mitigative measures will be used to minimize the impact of noise levels related to the landfill. These include WMNY’s commitment to using appropriate mufflers on vehicles, limiting construction activities to the appropriate daytime operational hours, properly maintaining machinery, controlling the speed at which delivery vehicles travel around the landfill, and prohibiting the use of jake brakes on site. Berms shall be put in place on all sides of the operating equipment associated with recycling activities. Additionally, WMNY has retrofitted the landfill operating equipment with "smart" back up alarms that automatically sense the surrounding noise levels and adjust the output sound level of the warning device to 10 decibels above the background conditions. WMNY has conducted and will continue to conduct periodic noise monitoring at the facility. See FSEIS, January 2007.

NO. 16                                                                                                        PAGE 17

JULY 26, 2007

 

10.              Odor Impacts:  The FSEIS demonstrates that the project may have some odor impact on the surrounding community; however, these impacts  will be minimized by the WMNY’s use of specified controls.  WMNY maintains a "3 strikes" policy for transfer trucks delivering sludge or wastes with noticeable odors. See Operations and Maintenance Manual, Blasland, Bouck & Lee, January, 2006). Odors will also be controlled through daily cover applications over exposed solid waste prior to the end of the work day. This will be augmented by the subsequent phased application of intermediate cover and construction of the final cover system. There is a gas collection system to collect gases resulting from the decomposition of waste. Leachate will discharge into municipal sewer systems. There will be a vacuum on the leachate lines prior to discharge to the public sewer because this leachate collection system is influenced by the landfill gas collection system resulting in no anticipated odors in the transmission manholes. WMNY routinely patrols the perimeter of the site to evaluate the presence and level of noticeable odors. WMNY Operations and Maintenance Manual was submitted as part of the Part 360 Solid Waste Management Facility Permit. Because the waste acceptance rate will not increase with this expansion and several mitigative practices are already in place, no significant change in odor impacts from the current operations is anticipated.

 

11.              Vector Control: To minimize the likelihood of nuisance wildlife problems, WMNY has developed a comprehensive vector control plan (FSEIS appendix 27). Because the waste acceptance rate will not increase with this expansion and several mitigative practices are already in place, no significant change in vector control impacts from the current operations are anticipated and WMNY will continue to follow and implement the Vector control plan in place. 

 

12.               Air Quality:  The current operation has been identified as a major source for emissions of carbon monoxide (CO) and nitrogen oxides (NOx) and is considered a major source under Prevention of Significant Deterioration (PSD) and New Source Review (NSR). A PSD permit application will be applied for along with the Title V permit modification required for this expansion and must be obtained prior to construction of the landfill expansion. NYSDEC has allowed the Title V Permit modification and federal PSD permit to be applied for after the solid waste and wetland permit applications to allow time for emissions data collection from the recently installed combustion engines which will be used to combust gas from the existing landfill. The types of engines installed are relatively new and collecting emissions data from them prior to making applications for federal and state air permits will allow for more accurate modeling of the emissions related to the expansion. Since construction of the expansion is planned for some years out, it would be difficult to create models now that would accurately reflect conditions at the time. Supplemental Information, likely in the form of a supplemental EIS will be required to be submitted with the Air Title V permit modification because the PSD will be triggered by the expansion. The facility will be subject to the Reasonable Available Control Technology (RACT) requirements of 6 NYCRR 227. A RACT plan detailing compliance with Part 227 has been prepared for the existing facility and will be updated and maintained at the site. No landfill construction related to the expansion will be commenced prior to issuance of all required federal PSD and State Title V permits for air emissions. Planned measures for mitigating the potential impacts on air quality are shown in the engineering drawings for the project. Supplemental information regarding air emissions and air quality will be provided during the review of the Title V permit modification. See FSEIS.

 

 

 

 

 

NO. 16                                                                                                        PAGE 18

JULY 26, 2007

 

13.              Stormwater Management:  The current operation at the landfill working faces is conducted in a manner which limits stormwater runoff and will continue through the expansion. These includes maintaining the working face so as  to control waste placement and limit stormwater runoff, sloping working faces inward, swales, and the leachate collection system. Stormwater controls outside the working face will consist of perimeter drainage ditches, culverts, and sedimentation basins. Both temporary and permanent drainage features have been designed in accordance with the procedures outlined in "New York Guidelines for Urban Erosion and Sediment Control". Drainage calculations associated with the Phase III and vertical expansions are provided in Appendix E of the January 2006 Blasland Bouck & Lee, Inc. Engineering Report that was submitted in further support of the DSEIS and FSEIS.  WMNY is required to comply with the State Pollutant Discharge Elimination System (SPDES) Multi-Sector General Permit for Storm Water Discharges from Industrial Activities (GP-02-01) and maintains and implements a Storm Water Pollution Prevention Plan (SWPPP). The existing SWPPP is dated May 10, 2004 and is located in Appendix 19 of the FSEIS. As a result, stormwater impacts are effectively mitigated by the stormwater management practices proposed for the Phase III expansion.

 

14.              Impact on Rare, Threatened or Endangered Species: Based on information provided by the U.S. Fish and Wildlife Service and NY Natural Heritage Program, no rare, threatened or endangered species of wildlife permanently reside within the proposed Phase III expansion.  Appropriate construction industry practices will be implemented to minimize impacts to bird species during wetland mitigation including that any construction measures for implementation of the wetland mitigation do no take place during the active breeding season for the threatened species identified.  There will be no unavoidable adverse effects to rare, threatened or endangered species as a result of the expansion.

 

15.              Irreversible and Irretrievable Commitment of Resources:  The DSEIS and the FSEIS demonstrate that the expansion will have minor impacts and the proposed compensatory mitigation plan will adequately mitigate any significant irreversible and irretrievable commitment of resources. Although the expansion area will be converted to use as a landfill, the area is already used by WMNY for wood chipping and composting operations and by a local farmer for growing crops. Conceptual use plans have been included in the FSEIS. Ten years prior to the closure of the facility, WMNY will encourage pubic input from the community for end use of the site discussed in the FSEIS.

 

16.              WMNY has provided the Town Board and Planning Board with a landscaping plan to minimize visual impacts and to screen the landfill operations.  The Town Board finds that the landscaping plan provided as well as the other mitigation measures to be implemented by WMNY adequately address any concerns regarding impacts to view sheds and aesthetic resources. 

 

 

 

 

 

 

 

 

 

 

 

 

 

NO. 16                                                                                                        PAGE 19

JULY 26, 2007

 

17.              WMNY will continue to conduct groundwater and surface water monitoring and continue to submit monitoring results to the NYSDEC on a quarterly basis.  Residential water wells will continue to be tested by the Town.  The Project, according to NYSDEC Findings, is designed to protect groundwater quality by utilizing a double composite liner system, leachate collection and storage systems, surface water drainage and landfill gas collection, environmental monitoring, leading the NYSDEC to conclude in its findings that no adverse impacts to groundwater quality or quantity are expected to result from the Project.  Thus, based on the foregoing documents as well as in consideration of the NYSDEC Findings and the Board’s own review of the application materials and the DSEIS and FSEIS, the Board finds that the previously referenced facilities are adequately designed to protect impacts to ground water.  As a

 result, the Board finds that adverse impacts to ground water quality or quantity are not expected to result from the Project and the Board takes into consideration in this regard the Findings made by the NYSDEC concerning such impact. 

 

18.              WMNY has modified and improved its landfill gas collection system as described in the FSEIS and DSEIS and WMNY will continue to utilize its odor complaint program.  As described in the NYSDEC Findings and in the FSEIS, state of the art landfill design features, utilization of landfill gas collection and control systems and monitoring program minimizes the potential for off-site gas migration.  The NYSDEC Findings determine that continued operation of the landfill gas control system will minimize odor impacts, along with application of daily cover materials.  The Board finds that based on its evaluation of the FSEIS and DSEIS and based on its view of the NYSDEC Findings that the landfill gas control system will minimize or mitigate such odor impacts together with the application of the materials. 

 

19.              The establishment of such a facility is consistent with the requirements of Title 6 of the official Compilation of Codes, Rules and Regulations of the State of New York, Part 360.  Construction of the expansion is conditional upon the NYSDEC issuing its Part 360 Permit.  Upon the issuance of such permit, the NYSDEC will have determined that construction and operation of the Project is consistent with a 6 NYCRR Part 360.  The Board finds that in addition to its own evaluation of the FSEIS and DSEIS as well as the materials submitted by WMNY in support of the SUP application that the issuance of the Part 360 Permit will further demonstrate that the Project will meet applicable requirements. 

 

20.              The landfill facility is on a site of sufficient size so that adequate buffers can be established to protect nearby lands. The Site Plan Drawings show the current property boundary of the Project and adjacent properties owned by WMNY in Macedon.  The Project area consists of 138.5 acres of landfill operations with an additional 33 acres of undeveloped land utilized for support operations such as roadways, berms and sedimentation basins. Based on the amount of property owned by WMNY and the proximity of nearby lands to the Project lands (which is not associated with the Project) the Board finds that there is sufficient acreage to incorporate adequate buffers to protect such nearby lands. 

 

21.               The site has access to a state highway.  Site Plan Drawings show that the site has access to State Route 31F.   New York State Highways connect this site to all probable routes of travel. In the Host Community Agreement, WMNY has agreed to limit traffic to state highways.

 

 

 

 

NO. 16                                                                                                        PAGE 20

JULY 26, 2007

 

22.              The facility recaptures methane gas for beneficial re-use or will provide a mechanism to re-capture such gas and establish a time frame acceptable to the Town Board to implement the re-use of such methane gas.  As is set forth above, the Project is designed and will be operated to capture landfill gas.  The Board finds that WMNY’s proposal to operate and capture landfill gas is acceptable and the timeframe proposed is appropriate. 

 

23.              A management plan to control nuisances created by the facility, is established which includes, but is not limited to, mitigation for:   increase in noise, noxious odors, windblown debris, air-borne sediments/dust, increases in truck traffic, and vector nuisances.  Based on a review of the DSEIS, FSEIS, the NYSDEC Findings, and based on the Board’s independent review of the proposed Project, the Board has determined that management plans to control noise, odors, windblown debris, air-borne sediments/dust and vector nuisances are adequate to control or mitigate such noise, odors, debris and/or sediments/dust and vector nuisances. Noise impacts are found within the FSEIS and DSEIS. That study concluded that sound levels related to the Project will be below state regulatory limits.  To mitigate noise impacts, WMNY will install and maintain mufflers on its equipment, “smart” backup alarms will be utilized, “Jake” brakes will not be permitted, and Project operating hours will be restricted.  The Town Board finds based on the FSEIS and DSEIS that the measures to address noise impacts will adequately mitigate and control potential noise impacts. Based on its review of the DSEIS and the NYSDEC Findings, the Boards finds that off-site landfill gas migration and Project related air emissions and odors will be mitigated by WMNY compliance with NYSDEC regulatory requirements for limiting air emissions from the landfill.   Further, the Board finds that based on the DSEIS which provides that WMNY will continue to employ Standard Operating Procedures to address impacts from odorous waste including utilization of daily covers consisting of synthetic materials and soil and prohibition on disposal of sludge and other odorous materials during certain times of the day that such impacts will be adequately mitigated. Further, the Board finds that because the NYSDEC employs an on-site Environmental Monitor who routinely checks for odor problems, based on WMNY’s Standard Operating Procedures as described in the DSEIS and the FSEIS, and based on NYSDEC Findings related to odor issues, the Town Board concludes that odor management plans related to the Project will adequately mitigate and control odor issues. 

 

The DSEIS recognizes that dust may be generated from Project-related activities.  The DSEIS also lists management practices that will mitigate dust impacts including practices related to seeding of barren soils sites, re-vegetation initiatives, stabilization of Project area access points, paving and or graveling of access roads and roadways, and watering of on-site roads.  Based on the referenced practices and in consideration of the NYSDEC Findings, the Town Board is satisfied that these management practices will adequately control dust related issues. 

 

As described in the DSEIS and FSEIS, WMNY will employ permanent and portable litter fencing to control windblown litter.  The DSEIS states that WMNY will restrict active working areas and rapidly place cover material to minimize windblow debris issues.  Routine Project operations involve the picking up of debris.  The Town Board is satisfied that use of these windblown debris management practices will adequately address windblown debris issues.

 

 

 

 

 

 

 

NO. 16                                                                                                        PAGE 21

JULY 26, 2007

 

As described in Item (1), above, no significant or adverse impacts related to truck traffic are expected. The DSEIS and FSEIS indicates that the number of hauling trucks utilizing the Project is not expected to increase in relation to the number of hauling trucks that currently operate at the High Acres Landfill.  Based on WMNY truck related management policies and on the DSEIS and FSEIS, the Town concludes that no significant or adverse impact to vehicle traffic on or around the Project site is expected. 

 

Compliance with the Part 360 Permit will require WMNY to prepare and implement a vector control program.  As described in the FSEIS and DSEIS, WMNY has developed a vector control program for gulls and will utilize daily soil cover, foams, and tarps and other materials to limit food sources for gulls. Further, WMNY will confine the open working face of the Project as well as continue to implement its  windblown debris program, and manage vegetation to make the Project habitat less attractive as gull roosting areas.  The DSEIS and FSEIS responds to vector issues by reiterating that WMNY employs daily cover, limits the working area of the Project, minimizes blowing refuse which is an attractant for vectors, and employs vegetation management to make habitat unattractive for gulls and other roosting birds.  Based on the DSEIS and FSEIS, the Town Board finds that the vector control impacts as identified have been adequately addressed by WMNY.

 

24.              Visual impacts associated with the proposed facility will be evaluated by a visual impact assessment utilizing visual simulations and proposed mitigation measures including but not limited to the planting of vegetated screens on the premises, as well as vegetative line of site interferences off the premises (with permission of land owners) are provided. Such vegetative screens shall be maintained as required by the landscaping sections of this chapter.  The FSEIS thoroughly evaluates potential visual resource impacts.  The DSEIS contains results of a visual impact analysis including visual simulations.  In its NYSDEC Findings, the NYSDEC concluded that while the Project will permanently alter the topography of the site, the Project would result in an incremental increase in aesthetic impact when compared to the currently permitted landfill facilities.  As described in the DSEIS, FSEIS, and NYSDEC Findings, landscaping plans have been developed that involve use of trees, shrubs and various plant screening vegetation techniques.  Public comments contained in the FSEIS focused on the Project’s effect on the viewshed.  Based on a review of the DSEIS, FSEIS, and NYSDEC Findings, as well as the Town Planning Board’s recommendation regarding views from Wayneport Road, the Town Board finds that no significant negative visual impacts will result from the Project as mitigation measures will address any such impacts or potential impacts. 

 

25.              Potential diminution in property values of contiguous neighboring off site lands or lands within ½ mile of the proposed landfill are mitigated by the landfill operator/owner or his/her successors.  Based on the Property Protection Plan attached to the Host Community Agreement dated July 26, 2007 and incorporated by reference as an exhibit  and incorporated herein by reference the Town Board finds that any potential impact from diminution in property values for sites located within 1/2 mile of the Project will be mitigated. 

 

 

 

 

 

 

 

 

 

NO. 16                                                                                                        PAGE 22

JULY 26, 2007

 

26.              The use is designed, located, and proposed to be operated so the public health, safety, welfare and convenience will be protected. The Town’s review of the Project’s potential affect on public health, safety, welfare, and convenience included a review of the DSEIS, FSEIS, NYSDEC Findings, public hearing transcripts, a visual impact assessment, and a noise impact assessment together with information provided by WMNY and it’s SUP Application. Based on these reports and other information, including testimony received at various public meetings and hearings including consideration of the recommendation by the Town Planning Board, the Town has determined that the Project is designed, located and proposed to be operated so the public health, safety, welfare and convenience will be protected. 

 

In particular, the Town has determined that there will be no adverse impacts upon the quality or quantity of groundwater and surface waters as a result of this project.  Issues focused on use of leachate collection systems; odiferous water concerns, residential well water, leachate breakouts and leaks, and potential aquifer impacts.  As described in the DSEIS and FSEIS, the Project will be constructed and operated in accordance with a Part 360 Permit, which provides for redundant levels of safety to eliminate groundwater impacts.  The Project will entail use of a double composite liner system, leachate collection and storage systems, surface water control systems, monitoring, and site security.  The NYSDEC Findings conclude that surface waters and groundwater will not be adversely impacted.  Based on the DSEIS, FSEIS, and the NYSDEC Findings, the Town Board is satisfied that the public health, safety, and welfare with respect to the quality or quantity of groundwater and surface waters will be protected. 

 

As discussed above, the Town has determined that no significant negative visual impacts are expected from the proposed project.  In addition, as described above, the Town has determined that no significant or adverse impacts to vehicle traffic on roads around the Project are expected. As described in the DSEIS and FSEIS, WMNY will employ noise management techniques to minimize noise impacts.  Odors will be minimized, as described in the DSEIS and FSEIS, by implementation of various management techniques. Vector control protocols as described in the DSEIS and FSEIS will be utilized.  Dust and windblown debris will be managed as described in the DSEIS and FSEIS. 

 

In sum, the Town concurs with NYSDEC Findings and with its review of the DSEIS and FSEIS and concludes that public health, safety, welfare and convenience will be protected.

 

27.            The use will not cause a substantial injury to the value of other property in the neighborhood where it is located.   Based on mitigative measures as described in the DSEIS, FSEIS, and NYSDEC Findings, and as described above, that address noise, dust, odors, aesthetics, groundwater, surface water, wetlands and vector issues, the Town Board concludes that the Project will not cause a substantial injury to the value of other property in the neighborhood of the Project.  To the extent the value of such property in the neighborhood is affected, a property protection program has been negotiated between the Town and WMNY and is included in the HCA between the Town and WMNY.

 

 

 

 

 

 

 

 

 

NO. 16                                                                                                        PAGE 23

JULY 26, 2007

 

28.             Adequate off-street parking and loading are provided and the special use will not substantially interfere with the traffic on abutting streets.  Based upon review of the DSEIS and FSEIS, off-street parking issues are not associated with this Project. As described in the DSEIS, the number of solid waste hauling trucks entering the Project area is not expected to increase because the permitted waste receipt rate of the Project area will remain unchanged from the currently permitted level. Truck control/management as described in above and in the FSEIS will adequately address truck traffic issues.  Based on the foregoing information and analyses, the Town concludes that the issuance of a special use permit will not substantially interfere with the traffic on abutting streets.

 

29.             Alternatives.  In accordance with SEQRA regulations, the DSEIS and FSEIS contain a discussion of alternatives including alternative landfill size and layout, alternative landfill size and height, sighting a new landfill, and the no action alternative.  Alternatives considered including those identified as alternatives 1, 2, 3 and 4 were dismissed for among other reasons that such alternatives would result in greater impact to wetlands, or would not meet Project needs and goals.  The Board is satisfied that based on the alternatives considered and the alternative analyses undertaken that the preferred alternative is the most appropriate for the Project site and meets other requirements under the Town’s SUP criteria. 

 

            FINDINGS FOR Ordinance Section 135.13.

 

            30.            The Application for SUP for Project meets the other requirements for special use permits as applicable by including as follows:

 

            31.            Ordinance Section 135.13 D (1-2).  For the reasons set forth previously, because the Project will not alter ingress and egress to the Project site, the Board finds that the Project makes no changes to ingress and egress and therefore this criterion has been satisfied.  Similarly, because no changes are made regarding such ingress and egress, no changes for off street parking and loading areas are proposed as relates to the Project, and thus this criterion has been satisfied.

 

            32.            Ordinance Section 135.13 D (3-4).  The Board finds as applicable, and as set forth previously, that because there is no change to the landfill operation as proposed by the Project, that requirements regarding refuse and service areas are met by the current operations and there is no proposed change to utilities.

 

            33.            Ordinance Section 135.13 D (5-7).  As indicated previously, specific recommendations have been made and mitigation measures proposed regarding landscaping to address potential impacts to aesthetic view sheds and historic or archeological resources, and as such, the Board finds that appropriate screening and buffering has been arranged and finds that this criteria has been met.  Further, there are no signs proposed as part of the Project and thus this criterion is not applicable.  Further, no required yards or other open space is applicable to this SUP, except as previously found the Project does as required by other sections of the ordinance provide for adequate buffering between other uses and the Project.

 

            34.            Ordinance Section 135.13 D (8).  Because the Project involves an expansion of an existing use that this criteria has been satisfied as it is compatible with the current use of the site and adjacent property are already in proximity to a landfill operation.

 

 

NO. 16                                                                                                        PAGE 24

JULY 26, 2007

 

35.                        General.  The Board finds that the Project is appropriate for the Project site, including for the reasons previously referenced in this Findings Statement including because it is an appropriate special use as contemplated by the SUP ordinance provisions at issue.  The Board further finds as is more specifically identified above that any potential impacts to traffic, noise, viewsheds, surface and ground water, dust, landfill gas/odors, wetlands, endangered or threatened species, historic or archeological resources have been properly addressed including by the inclusion of appropriate Project design features and Project mitigation measures as proposed.  Further as required by the regulations and statutes at issue the Board finds that the benefit of the Project outweighs any potential adverse impacts in light of the mitigation measures and design features proposed. 

 

CERTIFICATION OF FINDINGS TO APPROVE SPECIAL USE PERMIT

 

 

            Having considered the Draft and Final SEIS, and WMNY’s Revised Application for a Special Use Permit and other information as identified and having considered the preceding written facts and conclusions relied upon to meet the requirements of 6 NYCRR 617.9, this Statement of Findings certifies that:

 

            A.            The requirements of 6 NYCRR Part 617 have been met;

 

            B.            Consistent with the social, economic and other essential considerations from among the reasonable alternatives available, the action is one which avoids or minimizes adverse environmental impacts to the maximum extent practicable; and that adverse environmental impacts will be minimized to the maximum extent practicable by incorporating as conditions to the decision those mitigative measures which were identified as practicable. 

 

            C.            (and, if applicable) Consistent with the applicable policies of Article 42 of the Executive Law, as implemented by 19 NYCRR 600.5, this action will achieve a balance between the protection of the environment and the need to accommodate social and economic considerations. 

 

Town Board of the Town of Macedon

Name of Agency

                                                                                                                                                William H. Hammond                             

Signature of Responsible Official                                                            Name of Responsible Official

 

Supervisor                                                                                                                             July 26, 2007                                                                        

Title of Responsible Official                                                                                                                                    Date

 

Town of Macedon, 32 Main Street, Macedon, New York 14502                                                            

Address of Agency

 

RESOLUTION NO. 197 (07) SPECIAL USE PERMIT APPROVAL

Waste Management – High Acres Landfill and Recycling Center

Parkway Expansion Phase III July 26, 2007

 

Whereas, Waste Management of New York, L.L.C. (WMNY) owns properties within the Town of Macedon bounded by the Wayne/Monroe County Line on the west, Quaker Road on the north, Wayneport Road on the east, and the Erie Canal/CSX railroad on the south, totaling approximately 220 acres, and

Whereas, WMNY has applied to the Macedon Town Board requesting a Special Use Permit, which would permit the expansion of the High Acres Landfill and Recycling Center (HALRC) within the properties described above within the Town of Macedon, and

NO. 16                                                                                                        PAGE 25

JULY 26, 2007

 

Whereas, the proposed expansion of the HALRC is partially within the Town of Perinton in Monroe County, and partially within the Town of Macedon in Wayne County, and

Whereas, the Town of Macedon, the Town of Perinton, and other involved agencies mutually agreed to allow the New York State Department of Environmental Conservation (NYSDEC) to act as lead agent in a coordinated SEQRA environmental impact review process, and

Whereas, the NYSDEC conducted a comprehensive SEQRA review for the Applicant’s total requested full build out condition of the landfill site, including a total operating landfill footprint of 138.5 acres in the Town of Macedon, with an additional 33 acres of undeveloped land utilized for support operations (i.e., roadways berms and sedimentation basins), extending to a maximum elevation height of 799 feet mean seal level, and

Whereas, the NYSDEC issued findings relative to the Final EIS on May 18, 2007, indicating that all environmental impacts relative to the proposed action have been mitigated to the extent possible, and

Whereas, the proposed project constitutes an extension of the lifespan of the existing High Acres Landfill facility, but does not constitute any change in daily operations, including tonnage accepted per day, hours of operation or other operational factors, and

Whereas, the Macedon Town Board retained the engineering firm of Clough Harbour Associates, L.L.C., for the purposes of conducting a third party independent engineering review of the proposed landfill expansion, and

Whereas, the Applicant has adequately addressed any and all comments and concerns raised by Clough Harbour Associates and the Town Engineer, and the project is designed in accordance with Part 360 standards, and will be protective of human health and the environment, and

Whereas, the Macedon Town Planning Board did perform an advisory review of the proposed Special Use Permit application on July 23, 2007, and offered a positive referral back to the Town Board relative to issuance of the permit, and

Whereas, the Wayne County Planning Board did perform an advisory review of the proposed Special Use Permit application on July 25, 2007, and offered a positive referral back to the Town Board relative to issuance of the permit, and

Whereas, the Macedon Town Board did publish and hold a public hearing on July 26, 2007 to solicit any public comment relative to the Special Use Permit application, and

Whereas, the Macedon Town Board reaffirmed the SEQRA findings made by the NYSDEC via resolution on July 26, 2007, finding:  (A) that the proceedings undertaken by the NYSDEC as Lead Agency under SEQRA with respect to the Project satisfy the requirements of SEQRA; and (B) ratified such proceedings by the Lead Agency; and (C) determined that all of the provisions of SEQRA that are required to be complied with as a condition precedent to the approval of the Application with respect to the Project have been satisfied; (D) incorporated by reference its State Environmental Quality Review Act Findings Statement with respect to the Project dated May 18, 2007; and (E) and made independent findings that the Applicant has complied with § 185-13 of the Macedon Zoning Code provisions for the issuance of a Special Permit under the circumstances  including § 185-13, and

Whereas, the Macedon Town Board has negotiated and adopted via resolution a Host Community Agreement (HCA) on July 26, 2007, and

Whereas, in the opinion of the Macedon Town Board, WMNY has demonstrated, through its long standing presence in the Macedon/Perinton community, that it has the capability to own and operate a project of this size and scope, and

Whereas, in the opinion of the Macedon Town Board, approval and issuance of this Special Use Permit is in the best long term interest of the citizens of the Town of Macedon, and

NO. 16                                                                                                        PAGE 26

JULY 26, 2007

 

WHEREAS, ON July 26, 2007, the Macedon Town Board  approved  the requested Special Use Permit to Waste Management New York, L.L.C. to operate a Solid Waste Landfill, pursuant to the conditions contained in said resolution:

SPECIAL USE PERMIT

  1. This Special Use Permit is hereby issued pursuant to the aforesaid direction of the Town Board for the project as described in the findings to operate a solid waste landfill on the property described in the findings and subject to the conditions set forth in the documents introduced at the public hearing on July 26, 2007, exhibits I through XXVIII and is for a five year term, unless sooner terminated by reason of transfer of the ownership or activities as described in paragraph 7 below, ending December 31, 2011, prior to which time WMNY must reapply for another 5 year SUP.
  2. The Applicant shall obtain all required approvals from outside agencies, including but not limited to a Part 360 Solid Waste Operating Permit, an Article 24 Freshwater Wetland Permit, a Title V Air Permit, and a 401 Water Quality Certification from the NYSDEC, which are necessary to operate the Solid Waste Landfill within the Town of Macedon, prior to commencing construction and operation.

3. WMNY shall pay all application fees relative to the Special Use Permit issuance, and also finalize all payments to cover the costs of the Town’s outside engineering and legal consultants for monies due above and beyond the initial $30,000.00 paid at the time of application, file a signed host community agreement in the form agreed to and approved by the Town and WMNY on July 26, 2007 and pay the first year minimum royalty in the amount of $1,000,000 and first year payment in lieu of recycling in the amount of $150,000 as provided in the HCA, and.

4.  All Special Use Permit operating conditions for operation of the property shall be as spelled out in the adopted Host Community Agreement and the Findings as adopted by the Town Board on July 26, 2007.  The approved current Host Community Agreement shall be considered part of the Special Use Permit approval, shall be attached to any issued Special Use Permit, and WMNY shall comply with all such operating conditions set forth the in HCA..

5.  The Town of Macedon shall be allowed reasonable access to the High Acres property to perform periodic inspections to ensure conformance with the terms and conditions of this permit.

6. WMNY agrees to work cooperatively with the Town of Macedon in the future to implement new and innovative technologies and planning for the long term use of the landfill property, including methane power production, varying landscape cover treatments, and beneficial community uses of the property.

7. This permit and the activities authorized therein or ownership of the landfill, may not be transferred, directly or indirectly, to any other person or entity.  Notwithstanding the provisions of paragraph 1 above, this permit shall expire upon the transfer of ownership of the landfill or any operations thereon or any operations authorized by this permit to any person or entity other than WMNY.

MOTION BY NAWROCKI, SECONDED BY MAUL

ROLL CALL VOTE:  KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

 

 

 

 

 

NO. 16                                                                                                        PAGE 27

JULY 26, 2007

 

MOTION BY MAUL, SECONDED BY NAWROCKI THAT THE MEETING BE ADJOURNED AT 10:32 PM.

 

 

 

__________________________

Judy W. Gravino, RMC

Macedon Town Clerk