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TOWN OF STERLING PLANNING BOARD MEETING August 1, 2016 A regular meeting of the Town of Sterling Planning Board was held on Monday August 1, 2016 at the Sterling Town Hall at 7:00 pm with the following members present: June Ouellette ~ Chairman Sue Allen ~ Member Vernon Bishop ~ Member Susan Lemon ~ Member Scott Crawford~ Member Also Present: Jeffrey Couperus, Robin Allinger, Joe Hammond, Virginia Fichera and Carolyn Waterman. Chairman Ouellette called the meeting to order at 7:00 pm. CORRESPONDENCE Towns & Topics Letter/email from Attorney Richard Lippes dated 7/29/16 regarding activity at proposed Ferlito mine on Sanford Road. BUSINESS Fee Schedule – The Board needs time to gather information to adequately address the issues they may have with the subdivision fees. They would also like to invite Zoning Commission Chairman Lezli Parsons to attend and contribute to the discussion. Training – Chairman Ouellette and Member Scott Crawford attended a training session sponsored by Cayuga County Planning regarding solar energy and stormwater and how to implement regulations into local zoning codes. NYSERDA is offering a $2,500 grant for Towns to utilize how they see fit if the Town adopts solar zoning similar to their examples provided. They both felt that the session was extremely informative and stated that because of the large attendance and interest they may hold it again. The Chairman provided literature to the clerk to copy for the Board Members. They also made contact with Planner John Zepko who specializes in soils and could provide assistance to the Board on certain applications. Christopher Ferlito – Proposed gravel mine – 13181 Sanford Road, Martville (#20.00-1- 68.1) An email letter was received by the clerk from Attorney Richard Lippes dated 7/29/16, and was forwarded to the Board members and Town Clerk. The letter described activity at the mine on 7/22/16 that was witnessed by several members and deemed to be in violation of the LUR. The letter states that the reported activity occurred without the proper permits being issued and that several regulations were violated. They are as follows: work began before 7am, trucks entered property via the north entrance, trucks left mine by heading north on Sanford Rd, Life of Mine berms not yet in place, material collected from wrong area, as well as several traffic safety issues. Chairman Ouellette stated to the neighbors present that the members had just received the letter and that they would consult the Town Attorney to verify what violations, if any, had occurred and relay information to the other Town departments. Members Allen and Lemon also explained that the enforcement of Town laws is not a duty of the Planning Board but rather Code Enforcement and the Town Board, but that they would see that the CEO and Supervisor were informed. ---PAGE BREAK--- MINUTES Meeting minutes for June 27, 2016 were approved on a motion moved by Member Allen and seconded by Member Crawford. All were in favor without further discussion and the motion passed. PRIVILEDGE OF THE FLOOR Jeffrey Couperous - Explained the activity on July 22nd by the mine owner which was illegal and shouldn’t be allowed by the Town without consequence. He felt that this activity predicted what could be expected if the Special Use permit were granted. The basic agreements concerning the operation of the mine which were discussed for months such as start time, entrance to use for access and trucks not traveling to the north were all ignored. Joe Hammond – Lives across the road from the entrance the trucks used at 6:40 am on July 22nd, he stated that the 3 dump trucks overshot the driveway and had to first brake to a stop and then drove in reverse with back up alarms to gain access at the driveway. The activity was unexpected and noisome. He also stated that the area that they retrieved material from was an area sited as not to be used because its only 4 foot above the water table and they need to stay at a minimum of 5 foot above the water table. Robin Allinger - Stated that she heard and felt the trucks initially and then was able to watch them from her property. The trucks were there for approximately 20 minutes but in that time a school bus drove through the area and was delayed by the tractor trailer in the road loading the digging equipment. All of the vehicles drove in directions opposite of what had been negotiated causing safety issues because of the sightless knolls along Sanford Road. Sha also said that when she questioned the drivers they were flippant and stated they had bought the mine and that she could call whoever she’s been calling. She also stated that the trucks all had the name Ricelli on them. Virginia Fichera – Commented that what had been expected to happen all along had happened and that the Town needed to enforce the laws and regulations that apply to everyone. She did not think that the ‘total material excavated under 1,000 cubic yards doesn’t need a permit’ scenario applied here because the DEC mining permit is worded as the applicant proposes to excavate more than 1,000 cubic yards and the permit was granted on those grounds. She explained that the 20 minutes of activity was one day and the day before was when a tractor trailer hauled a loader and additional machinery to the site by pulling into the mine to offload but then backing onto the roadway to exit – a huge safety issue. She also wanted to clarify that a single well was reported to have been affected with water from the faucet being cloudy and thick for a while before clearing. ADJOURN On a motion by Member Bishop and seconded by Member Crawford, the meeting was adjourned at 7:48 PM. Unapproved Minutes, Respectfully submitted, Lisa Somers, Planning Board Clerk