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TOWN OF STERLING PLANNING BOARD MEETING June 7, 2018 A regular meeting of the Town of Sterling Planning Board was held on Thursday June 7, 2018 at the Sterling Town Hall at 7:00 pm with the following members present: June Ouellette ~ Chairman Sue Allen ~ Member Vernon Bishop ~ Member Paul Kelley ~ Member Scott Crawford ~ Member Also Present: Town councilor Joan Kelley. The meeting was called to order at 7:01 pm by Chairman Ouellette. BUSINESS Erie Enterprises LLC, North Victory Pit Stop; Application for Special Use Permit The applicant, Case Marshall, notified the Clerk that he was unprepared for the June meeting because he had not yet obtained a topographical survey of the property. The Board Members discussed the inconvenience of another time delay and debated the options they have to move forward. The discussion pinpointed again the few items remaining to be answered before a Public Hearing can be scheduled. At the February 1, 2018 meeting, the application was diligently reviewed against several sections of the LUR – Article 11- Site Plan Review, Article 10- Special Use Permits, Article 14- Non- conformities and Part I of the SEQR EAF short form. The applicant’s attorney, Norman Chirco, was asked to supply a narrative for specific items reviewed aloud from the LUR that needed further explanation, which has not yet been received. The April 19, 2018 meeting involved discussion with CEO Jay Moose regarding a protective barrier structure that had been recommended by Cayuga County Planning and the Sterling ZBA. The Planning Board ultimately decided to require an engineered DOT approved design to provide protection to the aboveground tank structure and to add its location to the existing site plan. The information requested of the applicant by the Planning Board to date is as follows: 1. Supply a written narrative that answers how the proposed use and property merger is compliant with Article 10-4(A)(1) and Special Use Permits of the LUR. 2. Supply a written argument why the additional parcel could not be used for a permitted use and how the new use is less objectionable, as is required by the LUR Article 14-5(A) and Non-Conformities Changes. 3. Changes to SEQR questions #s 9, 10, 11 for solar panel array, well water and septic tank – which can be done at the next meeting. 4. Provide an engineered DOT approved design to provide protection to the aboveground tank structure and to add its location to the existing site plan. Member Bishop questioned the topographic survey that Case Marshall was obtaining and why wasn’t it on the list. Discussion ensued regarding an email dated 3/18/2018 from resident Virginia Fichera , wherein she inquires about the existence of a contour map that she believes is required under LUR Article 11-2(A)(3). LUR Article 11-2(A) describes the process the Board undergoes to determine the information required for the site plan of the proposed development. LUR Article 11-2(A)(3) states that a topographic or contour map is one item that can accomplish the objectives of the sketch plan conference. LUR Article 11-2(B)(1) contains a checklist of items that the Planning Board may consider to determine what is necessary for the site plan. The minutes of February 1, 2018 identifies item on the checklist, a grading and drainage plan, showing existing and proposed contours; the planning board’s review explicitly ---PAGE BREAK--- concludes that grading and drainage plans with contours are not required because all work was completed more than two years ago under supervision of the DEC and DOT. LUR Article 11-2(C)(5) of the planning board’s review and general considerations addresses a contour map located within the Town’s project file which illustrates a 4 foot elevation change from north to south of the newly formed parcel. The contour map was generated from the Cayuga County Real Property website and was also included in the 239Review package. The members concluded that the removal of the existing tanks (overseen by the DEC) and addition of the above ground tanks did not involve a change to the topography of the parcel and therefore contours are not a required element for the site plan. LUR Article 11-2(D) authorizes the Planning Board to waive any requirement for site plan approval submitted for review in accordance to the Town Law, and must state grounds or reasoning in writing. A motion was moved by Member Kelley that the Planning Board is not requiring an additional topographic survey map from the applicant and affirms that the previously submitted GPS site plan dated 2/15/18 is sufficient. The motion was seconded by Member Crawford, all were in favor without further discussion and the motion carried. The Planning Board directed the Clerk to notify Case Marshall that the topographic survey map is not required and additionally supply him a listing of items still outstanding that will be required one week prior to the Public Hearing. Discussion began regarding a possible Public Hearing date in July. Many of the Board Members are not available for the regular meeting date of July 5, 2018; Thursday July 19, 2018 was selected for the regular meeting, and if possible, a date for the Pit Stop Public Hearing as well, provided that the Town Attorney and applicant are available. CAYUGA COUNTY TRAINING Member Bishop questioned the airbnb issue from the training Chairman Ouellette had attended. She replied that there is some concern by the County for regulation of properties that are rented for short term/vacation usage where the details of the transactions occur online. Compliance with fire and health codes for the safety of renters would be the responsibility of the owners but who inspects or regulates those properties is something that Town municipalities could choose to include in their Town’s zoning. ZONING ORDINANCE REVISIONS The issue regarding accessory structures on vacant land was reviewed in March for acceptance by the Planning Board but needed revision in whether require a special use permit through the Planning Board or have special conditions by the CEO. The proposal will be corrected and sent to the Town Board and placed on the agenda for meeting on June 18, 2018. MINUTES A motion to approve meeting minutes for May 3, 2018 was moved by Member Bishop and seconded by Member Kelley. All were in favor without further discussion and the motion passed. ADJOURN On a motion by Member Allen and seconded by Member Crawford, the meeting was adjourned at 8:03 pm. Unapproved Minutes, Respectfully submitted, Lisa Somers, Planning Board Clerk