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
RESOLVED the Board approves the minutes of July 12, 2007 as presented.
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI ABSTAIN, HAMMOND AYE MOTION CARRIED
Macedon Police June-07 Monthly Report
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
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
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
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
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
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
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
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.
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
JULY 26, 2007
Town of Macedon Town Board
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
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.
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.