Rasco
The Town of Dover, NY, is considering a site plan proposal for a solid waste facility above the Harlem Valley Aquifer. The site is close to the Great Swamp, New York State’s second largest wetlands and a Critical Environmental Area, so designated because of its “benefit to human health.” The Great Swamp serves as a groundwater recharge area for the Harlem Valley Aquifer.
The Harlem Valley Aquifer is a single source aquifer supplying drinking water for 20,000 residents of southeastern Dutchess County; under current Municipal Code, solid waste facilities are not allowed in Dover, presumably in part due to public health issues. In fact the Town of Dover passed a Zoning Code in 1999 expressly prohibiting privately owned and operated solid waste facilities, after a nine year long battle with another solid waste facility. (Please see the article by Jayne Daley which details this history and touches on the public health issues.)
How did our Town seemingly open the doors for the Rasco solid waste facility to begin operation in Dover? Rasco obtained a permit from NYS DEC in January, 2009. On December 1, 2009, Dover Town Supervisor Ryan Courtien and Dover Planning Board Chair David Wylock signed a Stipulation Agreement between Rasco and the Town of Dover, deeming Rasco a pre-existing business and thus not subject to current Zoning Code.
With the Stipulation Agreement in hand, Rasco submitted an Application to the Dover Planning Board on December 9, 2009, for Site Plan Approval to operate a solid waste business bringing in Petroleum Contaminated Soil. After reviewing documents and making a site visit, Dover Planning Board Co-Chair David Wylock invited NYS DEC Region 3 Director Willie Janeway to attend the Planning Board Meeting, March 2010, and address the Board’s concern over the negative environmental impact and presumed hazardous materials found at the site; DEC Director Janeway reminded the Board that if they chose not to approve the Site Plan, the project would not proceed: ”Without local approval, [Rasco] cannot go forward.”
The Oblong Land Conservancy owns property contiguous to the Howland Partners site where Rasco proposes to reactivate a solid waste facility, and asked the Dover Planning Board to deny the Application: “The Conservancy further requests that the Planning Board refrain from relying on the December 1, 2009 stipulation in making any decision on this application as the stipulation was unlawfully entered into by the Dover Town Board with the applicant.” Please see OLC letter to the Planning Board.
On May 5, 2010, the Dover Code Enforcement Officer sent a letter to the Planning Board stating the 2005 Stop Work order was still in effect for Rasco’s predecessor, T&T Materials, and that no record of a permit for its operation could be found. This statement raised questions about whether or not T&T and therefore Rasco was in fact a continuing business and should be accorded the priveleged status of a grandfathered operation. On May 18, 2010, the Planning Board wrote a letter referring the matter to the Dover Zoning Board of Appeals for Interpretation.
On June 21, 2010, the Dover Planning Board voted to give Rasco a Conditional “Negative Declaration,” effectively setting the stage to preclude the lengthy environmental review process under the New York State Environmental Quality Review Act (SEQRA.)
The Dover Zoning Board of Appeals (ZBA) met on August 4th, 2010, to consider the Rasco Application and take Public Comment. OLC submitted a package with a cover letter read by former Town Supervisor Jill Way. The ZBA voted to keep the hearing open until the next meeting on September 1, 2010.
The Dover Planning Board, ZBA and IT Department have collaborated to post the Rasco papers on the Town’s website. The legal documents, comments and letters are extensive and are required reading for State and County Public Health officials, NYS DEC, citizens drawing drinking water from the Harlem Valley Aquifer, and students of municipal procedure and law. They can be found on the Town of Dover’s website under “Significant Land Use Projects,” “Rasco Site Plan.”
On December 9th,2010, the Dover ZBA founded in favor of Rasco and the Dover PB gave the project the green light.
