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TOWN OF STERLING ZONING BOARD OF APPEALS MEETING TOWN OF STERLING ZONING BOARD OF APPEALS MEETING August 17, 2015 August 17, 2015 A meeting of the Town of Sterling Zoning Board of Appeals was held on Monday August 17, 2015 at the Sterling Town Hall at 7:00 pm with the following members present: Laurence Lemon ~ Chairman Charles Itzin ~ Member Darrell Uetz ~ Member Brad Dates ~ Member Excused: Member Richard Palmieri Also present: Luke Heagy and Virginia Fichera. The meeting was called to order at 7:00 PM by Chairman Larry Lemon. PUBLIC HEARING Luke Heagy Chairman Lemon read the legal notice into the minutes and the Public Hearing was opened at 7:03 PM. Notice is hereby given that the Zoning Board of Appeals of the Town of Sterling will hold a Public Hearing on Monday August 17, 2015 at 7:00 p.m. at the Sterling Town Hall, 1290 State Route 104A, Sterling, NY 13156 to hear an Area Variance request by Luke Heagy. A request for relief of Sterling Land Use Regulations Article VII, Section 1 – Table 1 Minimum front yard setback requirement to build a 10’x14 building on property located at 13638 Craine Road, Red Creek, NY 13143; Tax Map # 14.00-1-10. All those wishing to be heard in favor of or in opposition of said application may appear in person or by other representation at said time and place. By order of the Planning Board, Lisa Somers, Clerk Luke Heagy presented a site plan for the Board members and explained that he needed to make the farming operation safer. The farm has been the same for over 50 years and has experienced tragedy in the past and he would like to make substantial changes to move all the electrical underground as well as provide a lane to operate the farm machinery on instead of Craine Road which has poor visibility and many vehicles. He is proposing to build a small 10’x14’shed to house the main electrical supply which is split into 2 hot lines – one for the farm buildings and the other for the house across the road. The shed would also provide shut offs for all the power whereas now the panels are at the ends of the buildings and are exposed to wet conditions. From the shed he would like to run the 5 existing lines underground which would enable him to maneuver the various farm machines without danger of hitting the currently existing aboveground web of electrical lines. Several silos are located in this area and the auger that fills them is taller than the lines creating difficulty to perform the work. The new driveway and lane would facilitate getting the farm vehicles off Craine Road where visibility is hampered by a hill near the farm driveway. He also stated that since the road was recently paved the cars seem to go faster even though the area has many children and animals in close proximity. The existing farm layout has been the same since horse and buggy days but due to a tragic fire and complete loss of a dairy barn a few years ago, there is now room to place a safe work lane and redesign the electrical which is extremely outdated. All the buildings are close to the road and by today’s codes are encroaching, the situation already exists and any attempt to change will still be encroaching but hopefully the safety of whats being proposed will offset the encroachment issue. Member Uetz had driven by the property and understands the need to go underground having had 20+ years experience working with electrical himself and discussed the possibility of an RG&E engineer being contacted to assist in the design and implementation of the project. Member Uetz provided the applicant with contact information for an area RG&E engineer which the applicant agreed to contact. Mr. Heagy also stated that has an employee that is a journeyman electrician who has and will be assisting in the project as well. He feels that by isolating the 5 services and running them underground will create a safer work environment as well as allow for the lane. Member Dates commented that he was also very familiar with the property and the running of the farm because he had grown up down the road and spent many days either working or hanging at as a kid. He was all for making it safer because it’s long overdue and the lane to move activity off of Craine Road is essential as traffic only gets heavier and faster. Member Dates asked if Mr. Heagy would be willing to move the shed closer to the proposed lane which would locate it up to 16’ further from the road and lessen the variance amount requested. Member Itzin had also visited the property and agreed with Member Dates that moving the shed closer to the lane would assist the request process. Mr. Heagy wasn’t against moving the shed but had located it initially by the service pole out of practicality. Member Uetz stated that running the electric down the pole and then underground to the shed would allow them to lessen the encroachment and variance being requested. Again Member Uetz recommended consulting the RG&E engineer to help facilitate the plan which Luke Heagy agreed was a good idea. A motion was moved by Member Dates to table the Heagy variance Hearing to allow the applicant to review the situation with an RG&E engineer and reconvene after that meeting with an amended site ---PAGE BREAK--- plan. The motion was seconded by Chairman Lemon, all were in favor without further discussion and the motion carried. NEW BUSINESS Chairman Lemon opened a discussion with the members regarding the possibility of rehearing a previous appeal by Christopher Ferlito that was approved earlier this year. The project has changed since the ZBA decided on the appeal and as such can be reinvestigated if all members in attendance are in agreement. Chairman Lemon expounded that certain conditions could complicate the process such as expenses already incurred by the applicant could either nullify the appeal or the Town would be responsible for reimbursement if the decision is reversed. He also stated that if new information has come to light since the decision that causes the members to reconsider their initial impressions a rehearing is appropriate. Member Itzin stated that the site plan has changed in that a two driveway system was changed, in response to a DEC request, to a single driveway which doubles the perceived traffic at a single point instead of dispersing the flow by distance and separate ingress/egress. Because of this change, which he feels is substantial; he is in favor of a rehearing. Member Dates commented on whether that was a substantial enough change to warrant a new Hearing and precipitate a reversal. Chairman Lemon replied that it could because it changes the flow of traffic which was an issue discussed to decide the initial vote, but he cautioned that the change in plan doesn’t increase or decrease the amount of traffic just changes its focus. Member Dates also stated that given the levels of concern this event has created in the community - it lends credence to reviewing the initial decision. Chairman Lemon responded that with factual data to support new concerns it’s appropriate but it can not be based on a popularity contest so to speak. A motion was moved by Member Itzin to reopen and rehear the variance awarded to Christopher Ferlito for minimum required distance between neighboring properties and the ingress/egress of the proposed sand and gravel mine. The motion was seconded by Member Uetz without further discussion by the Board and the motion carried unanimously. Roll call vote: Lawrence Lemon, Chairman Aye Richard Palmieri, Member Excused Darrell Uetz, Member Aye Charles Itzin, Member Aye Brad Dates, Member Aye A rehearing will be scheduled with advertisement and proper notification to all parties. Chairman Lemon stated that actual numbers would be helpful and are probably available from area mines already in existence such as counting numbers of trucks with size and frequency, sound created measured by decibel meter, photos are also helpful to help illustrate the conditions created in the surrounding neighborhood. Clerk will contact members for meeting date and forward any information received. PRIVILEDGE OF THE FLOOR Virginia Fichera was pleased and in agreement with the ZBA’s decision to rehear the approved variance regarding Ferlito’s project and had the following supportive comments in this endeavor: ~ Many health issues are present in the neighborhood and were not known during the ZBA’s review. ~ Suggested that the emails and letters that the Planning Board has received should assist the ZBA in gathering information. ~ The history of the local law from 500’ to 1,000’ supports the need for increased displacement between the mine activity and the surrounding public. MINUTES Motion to approve meeting minutes for June 22, 2015 was moved by Member Dates and seconded by Member Uetz, all were in favor with no discussion, motion carried. ADJOURN On a motion by Member Dates and seconded by Member Uetz, the meeting was adjourned at 8:03 PM. Approved Minutes, Respectfully submitted, Lisa Somers, ZBA Clerk