HomeMy WebLinkAbout20220202 31-33 Marion Ave Area Variance - Interpretation Correspondance (2)March 6, 2023
Mr. Gage Simpson, Chair
Zoning Board of Appeals
City of Saratoga Springs
474 Broadway
Saratoga Springs, New York 12866
Chairman Simpson and Members of the Zoning Board of Appeals,
Stewart's Shops was informed of the Public Hearing discussion regarding the Interpretation Challenge for
the Stewart's project on Marion Ave through Project #2022-1034.
While Stewart's understands the applicant's position, we feel the need to introduce elements to the record
and reaffirm our position.
Petroleum Storage on Marion Ave
6 NYCRR Part 613 regulates petroleum bulk storage within New York State and the New York State
Department of Environmental Conservation (NYSDEC) is the agency charged with this control.
According to NYSDEC, petroleum bulk storage along Marion Ave extends back to 1928 (image below)
which pre -dates the City of Saratoga Springs Zoning ordinance. At the maximum, 97,800 gallons of
petroleum were stored on -site in above ground tanks (ASTs) until 2004 when the amount of petroleum
stored was decreased and remaining petroleum limited to underground storage. Originally the ASTs were
utilized for supply to peddle trucks or vehicles that would deliver fuel to other smaller storage facilities.
Bulk Storage Database Search Details
Tank Information
first Tank Previous Tank Next Tank Last Tank
Site No: 5-22S796
Site Name: CO\GRESS GAS & OIL CO INC
Tank No: 1017
Tank Location: Underground including vaulted with no access for inspection
Subpart:
Catesoq • I
Tank Status: Clog
Tank Install Date 2;0111925
Tank Closed Date:
Tank Out Of Sen•ice Date:
Underground storage of petroleum for retail dispensing began at the property in 1971 (also predating the
City's zoning ordinance) with full tank replacement upgrades installed in both 1990 and 2004.
Bulk Storage Database Search Details
Tank Information
First Tank Previous Tank Next Tank Last Tank
Site No: 5-228788
Site Name: MARIONAVENTJE MOBIL
Tank No: 005
Tank Location: Underground including vaulted with no access for inspection
Subpart:
Category 1
Tank Status: Clos - d
Tank InstallDat 08101/1971
Tank Closed Date: 0
Tank Out Of Service Date:
In November 2021, I authored a letter to the City Council during consideration of the PUD for the same
area. Included in that correspondence was reference to the NYSDEC establishment of the Loughberry
Lake Watershed Critical Environmental Area (CEA) in 1986. This CEA was established while Congress
Oil had the large bulk facility along the western shore of Loughberry Lake, the safety of which only
improved upon the removal of the ASTs. Neither the CEA nor any of Section 613 language prohibit this
petroleum storage at this location and specifically that correspondence to the City Council included:
Operator Training: Section 613-2.5 (a) General requirements for all UST systems. Not later than
October 11, 2016, every facility must ensure that it has designated Class A, Class B, and Class C
Operators who meet the requirements of this section.(b) Designation of operators. Every facility must
designate:
(1) one Class A and one Class B Operator for each UST system or group of UST systems (the salve
individual may be designated as both); and (2) one or more Class C Operators for each UST system or
group of UST systems.
Stewart's Position: all shop level employees / partners are tranied to the Class C Operator level while
only one required per store. Employees are trained to stop, contain, clean, and report all surface spills to a
Corporate Spill Responder and involve emergency responders as needed.
Tanks Located in Areas Prone to Flooding: Section 613-2.2(e): Tank systems in locations subject to
flooding. For Category 1 and 2 UST systems located in an area where the UST may become buoyant
because of a rise in the water table, flooding, or accumulation of water,
Where, 613-1.3 Definitions:(e) Category 1 tank system means any tank system whose tank was installed
before December 27, 1986. (f) Category 2 tank system means any tank system whose tank was installed
from December 27, 1986 through October 11, 2015. (g) Category 3 tank system means any tank system
whose tank was installed after October 11, 2015.
Stewart's Position: In 2004, Stewart's installed compliant double -wall fiberglass tanks which met all
requirements for tanks in such areas. The proposed replacement tanks will be classified as upgraded
"Category 3" USTs which are exempt from this regulation due to their design and construction.
Petroleum Bulk Storage Near Sensitive Receptor (Loughberry Lake) Section 613-4.1(b)(1)(v)(b):
applies only to above ground storage, Stewart's tanks are proposed to be underground.
While the Zoning Board of Appeals (ZBA) was not an involved agency during the SEQRA consideration,
the City Council saw "no to small impact" and declared a Negative Declaration overall.
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Respectfully submitted, -e OF NF
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Timothy Johncox, P.G. ° oo o�'0
Stewart's Shops Corp. �o`00099 ago``&