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TOWN OF STERLING PLANNING BOARD MEETING November 2, 2017 A regular meeting of the Town of Sterling Planning Board was held on Thursday November 2, 2017 at the Sterling Town Hall at 7:00 pm with the following members present: June Ouellette ~ Chairman Sue Allen ~ Member Vernon Bishop ~ Member Scott Crawford ~ Member Paul Kelley ~ Member Also Present: Joanne Longley, Attorney Salvatore Lanza, Richard Fox, Joy Duane Kyle, Alex Stevens, Joan Kelley, Robert MacLeod, Luke & Tammy Sherman, Gisela Schneider, Andrea Hanlon and Shamus Waldron. The meeting was called to order at 7:00 pm by Chairman Ouellette. She proceeded to read aloud the four legal notices for the Public Hearings scheduled and stated that all four Hearings were opened at 7:02 pm. PUBLIC HEARING Betty Morrell; applicant Joy Chairman Ouellette read aloud the legal notice and opened the Hearing at 7:02 pm. Notice is hereby given that the Planning Board of the Town of Sterling will hold a Public Hearing on Thursday November 2, 2017 at 7:00 PM at the Sterling Town Hall, 1290 State Route 104A, Sterling, NY 13156. An Application for the Review of Subdivision by Joy for property owned by Betty A. Morrell will be heard regarding the Minor Subdivision of property located at 1711 Maroney Road, Sterling, NY 13156; Tax Map # 7.00-2-34. 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 The applicant, Joy provided a new survey map which included ‘Final’ and corrections to three tax map numbers. The map had been reviewed against the checklist at October’s meeting and found to be complete. The short form EAF Part I had also been reviewed, therefore Parts II and III were completed aloud by the Board Members with a determination that the project would have no negative adverse affects on the surrounding neighborhood. Ms. supplied a copy of a POA allowing her to act on behalf of her mother for the project file. At this time the Hearing was opened to the public for comments – there were none. Payment for subdivision request had also been received on 10/6/17, receipt given to Joy On a motion by Member Kelley that was seconded by Member Crawford. The Hearing was closed at 7:36 pm. Without further discussion by the Board, a motion to approve the Morrell subdivision request was moved by Member Kelley and seconded by Member Allen, all were in favor and the motion carried. Resolution 2017-06 BE IT RESOLVED, by the Planning Board for the Town of Sterling, upon the facts presented and the determination made, that the application for a Minor Subdivision of property owned by Betty A. Morrell and located at 1711 Maroney Road, Sterling, NY 13156; Tax Map #7.00-2- 34 is hereby GRANTED upon the following express conditions: NONE but to be filed with Cayuga County within 62 days. ---PAGE BREAK--- Roll call vote was taken: Chairman Ouellette Aye Member Allen Aye Member Bishop Aye Member Kelley Aye Member Crawford Aye 5 AYES 0 NAYES 0 ABSTENTIONS – APPROVED PUBLIC HEARING Lucy Waldron; applicant Shamus Waldron Chairman Ouellette read aloud the legal notice and opened the Hearing at 7:02 pm. Notice is hereby given that the Planning Board of the Town of Sterling will hold a Public Hearing on Thursday November 2, 2017 at 7:00 PM at the Sterling Town Hall, 1290 State Route 104A, Sterling, NY 13156. An Application for the Review of Subdivision by Shamus Waldron for property owned by Lucy Waldron will be heard regarding the Minor Subdivision of property located at 14424 State Route 38, Sterling, NY 13156; Tax Map # 10.00-1-61.1. 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 The applicant, Shamus Waldron, provided a new survey map which included ‘Final’ and corrections to four tax map numbers. The map had been reviewed against the checklist at October’s meeting and found to be complete. The short form EAF Part I had also been reviewed previously but needed corrections (changes by applicant were initialed) as follows after running the EAF Mapper program. Question #12b should be yes for being located within an archaeologically sensitive area. The resource mapper showed that a study had been performed in the area when the water district was constructed and yielded negative results. Question # 13a should be yes for existing wetlands in the area of the subject property. The southern property line is the centerline of Sterling Creek which is a regulated waterway of the DEC. The Board members completed Parts II and III aloud and determined that the proposed project would not have any adverse environmental effects on the surrounding neighborhood. At this time the Hearing was opened to public comments. Joan Kelley asked what the property owner’s name was because several different names have been used in the past two months of meetings. She also asked if a notarized letter had been received allowing Shamus to act on her behalf. The clerk answered that the name Lucy Waldron is what appears on the property deed and she did supply a notarized letter for the project file. Payment for subdivision request had also been received on 10/6/17, receipt given to Shamus Waldron. On a motion by Member Kelley that was seconded by Member Crawford, the Hearing was closed at 7:36 pm. Without further discussion by the Board, a motion to approve the Waldron subdivision request was moved by Member Crawford and seconded by Member Allen, all were in favor and the motion carried. Resolution 2017-07 BE IT RESOLVED, by the Planning Board for the Town of Sterling, upon the facts presented and the determination made, that the application for a Minor Subdivision of property owned by Lucy Waldron and located at 14424 State Route 38, Sterling, NY 13156; Tax Map #10.00-1- 61.1 is hereby GRANTED upon the following express conditions: NONE but to be filed with Cayuga County within 62 days. ---PAGE BREAK--- Roll call vote was taken: Chairman Ouellette Aye Member Allen Aye Member Bishop Aye Member Kelley Aye Member Crawford Aye 5 AYES 0 NAYES 0 ABSTENTIONS – APPROVED PUBLIC HEARING Ron & Joan Longley, applicant Joanne Longley Chairman Ouellette read aloud the legal notice and opened the Hearing at 7:02 pm. Notice is hereby given that the Planning Board of the Town of Sterling will hold a Public Hearing on Thursday November 2, 2017 at 7:00 PM at the Sterling Town Hall, 1290 State Route 104A, Sterling, NY 13156. An Application for the Review of Subdivision by Joanne Longley for property owned by Ron & Joan Longley will be heard regarding the Minor Subdivision of property located at 14437 Martville Road, Martville, NY 13111; Tax Map # 13.00-1-25.1. 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 The applicant, Joanne Longley, presented a new survey map which included ‘Final’ and two additional adjacent property owners’ information that had been missing during the initial review. A letter had also been received for the project file from the owner, Joan Longley, giving permission to subdivide 8.5 acres which will be merged with Joanne’s property on Onionville Road. The short form EAF had been processed by the Board at the October meeting but needed a correction after running the EAF Mapper program. Question # 13a was changed to yes and initialed by the applicant to acknowledge that the property was in the vicinity of regulated wetlands –this is because of a large pond to the south of the applicant’s property. The Board Members read aloud Parts II and III and determined that the project would have no adverse environmental effects on the surrounding neighborhood. Payment for subdivision request had also been received on 10/20/17, a receipt given to applicant. At this time the Hearing was opened to the public for comments – there were none. On a motion by Member Kelley that was seconded by Member Crawford, the Hearing was closed at 7:36 pm. Without further discussion by the Board, a motion to approve the Longley subdivision request was moved by Member Allen and seconded by Member Crawford, all were in favor and the motion carried. Resolution 2017-08 BE IT RESOLVED, by the Planning Board for the Town of Sterling, upon the facts presented and the determination made, that the application for a Minor Subdivision of property owned by Ron & Joan Longley and located at 14437 Martville Road, Martville, NY 13111; Tax Map #13.00-1-25.1 is hereby GRANTED upon the following express conditions: NONE but to be filed with Cayuga County within 62 days. Roll call vote was taken: Chairman Ouellette Aye Member Allen Aye Member Bishop Aye Member Kelley Aye Member Crawford Aye 5 AYES 0 NAYES 0 ABSTENTIONS – APPROVED ---PAGE BREAK--- PUBLIC HEARING Jason W. MacLeod Chairman Ouellette read aloud the legal notice and opened the Hearing at 7:02 pm. Notice is hereby given that the Planning Board of the Town of Sterling will hold a Public Hearing on Thursday November 2, 2017 at 7:00 PM at the Sterling Town Hall, 1290 State Route 104A, Sterling, NY 13156. An Application for the Review of Subdivision by Jason W. MacLeod will be heard regarding the Minor Subdivision of property located at 14896 Hadcock Drive, Sterling, NY 13156; Tax Map # 8.07-1-6.1. 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 Robert MacLeod, father of applicant Jason MacLeod, provided a survey map of the proposed 3 lot subdivision with ‘Final’ added (no other corrections were necessary). The paperwork (application and EAF form) received for the project had been sent via computer and therefore required signatures which Robert MacLeod provided. Payment for subdivision request had also been received on 10/18/17, a receipt given to Robert MacLeod. The short form EAF had been run with the DEC’s Mapper program; and was reviewed at the October meeting. The Board completed Parts II and III aloud and determined that the project would not have any adverse environmental effects on the surrounding neighborhood. At this time the Hearing was opened to the public for comments – there were none. On a motion by Member Kelley that was seconded by Member Crawford, the Hearing was closed at 7:36 pm. Without further discussion by the Board, a motion to approve the MacLeod subdivision request was moved by Member Bishop and seconded by Member Kelley, all were in favor and the motion carried. Resolution 2017-09 BE IT RESOLVED, by the Planning Board for the Town of Sterling, upon the facts presented and the determination made, that the application for a Minor three lot Subdivision of property owned by Jason W. MacLeod and located at 14896 Hadcock Drive, Sterling, NY 13156; Tax Map #8.07-1-6.1 is hereby GRANTED upon the following express conditions: NONE but to be filed with Cayuga County within 62 days. Roll call vote was taken: Chairman Ouellette Aye Member Allen Aye Member Bishop Aye Member Kelley Aye Member Crawford Aye 5 AYES 0 NAYES 0 ABSTENTIONS – APPROVED BUSINESS Anthony Martin – Attorney Salvatore Lanza and Richard Fox –Preliminary Meeting – Minor Subdivision – 1865 Maroney Road, Sterling; Tax map #7.00-2- 20.111. Attorney Lanza had recently mailed the subdivision request application and a completed EAF to the Planning Board on behalf of his client, Richard Fox, whom is receiving 0.25 acres from the Martin property to be merged with Mr. Fox’s property.. The Martin’s recently purchased the Maroney Estate and is settling encroachment issues encountered by their surveyor. They are actively making an effort to clear up discrepancies of past transactions and usage. Attorney Lanza provided a survey map of the proposed minor subdivision/lot line adjustment for the Board to preliminarily ---PAGE BREAK--- review. Chairman Ouellette stated that the map being provided has a different orientation for lot line adjustment than the usual subdivision maps have had. She explained that in the past the Planning Board had decided to allow a smaller map to be provided for lot line adjustments which shows detail of the conveyance and not the entirety of the parent parcel. The clerk had notified Attorney Lanza of this practice after the last meeting to save them the expense of a survey inclusive of the 85+ acre estate, but the Board must act by a waiver of required map elements to allow the smaller map. The adjacent properties across the road, as well as the Martin property, which surrounds Richard Fox’s property, would be adequate to fulfill the adjacent parcel information on the map. The neighboring parcels of the entire Martin property will still be notified of the proposed subdivision’s Public Hearing but they would not be shown on the lot line adjustment survey map. A motion was moved by Chairman Ouellette to waive the map requirements pertaining to: ~ All contiguous properties with owner names, addresses and tax map numbers. ~ Property as it exists – total acreage. ~ Land contours. ~ Buildings with setback measurements. ~ Drawing Scale to be 40 versus 100. The waiver is due to the excessive size of the parent property in relation to the small acreage (0.18 acres and 0.07 acres) to be added to Richard Fox’s property located at 1853 State Route 104A, Sterling (tax map #7.00-2-19) and other associated map features that doesn’t apply to the purpose of a lot line adjustment map. The motion was seconded by Member Bishop, all were in favor without further discussion and the motion carried. The Board members reviewed the submitted survey map against the required elements checklist, with respect to the waived elements, and found it to be adequate for a lot line adjustment. A Public Hearing was scheduled for December 7, 2017. Gisela Schneider –Preliminary Meeting – Minor Subdivision – 1253 State Route 104A, Sterling; Tax map #10.00-1-56.2. Gisela Schneider presented a survey map of the one acre parcel she would like to subdivide from her 65 acre parcel and give to her neighbors, Luke and Tammy Sherman. The Sherman’s plan to merge the parcel with their current parcel located at 1283 State Route 104A, Sterling (tax map #10.03-01-18) which is a requirement of a minor subdivision/lot line adjustment. The Board Members proceeded to review the map against the required elements checklist and determined that a requirements waiver was in order for this project. A motion was moved by Chairman Ouellette to waive the map requirements pertaining to the presentation of the parent parcel in its entirety as well as the adjacent property owner information, and instead detail the area of conveyance. The motion was seconded by Member Kelley, all were in favor without further discussion and the motion carried. The map was accepted as complete, except that ‘final’ needs to be added to the title block. The clerk will run EAF Mapper program and the Board will review the short form EAF at the scheduled Public Hearing on December 7th. Alexander Stevens – Sketch Plan Conference/Preliminary Meeting – 699 Sterling Station Road, Red Creek; Tax map #19.00-1-8.122. Alex Stevens provided the Board with a completed application, short form EAF, check payment for subdivision processing fee and a surveyed map of his proposed ---PAGE BREAK--- subdivision. He would like to create a five acre rectangular parcel along his southern property line with road frontage along Wright Road. The Board members reviewed the map against the required elements checklist and found the map to be complete except for adding ‘final’ to the title block. A Public Hearing was scheduled for December 7, 2017. Andrea Hanlon – Sketch Plan Conference – Minor Subdivision Andrea Hanlon approached the Planning Board to discuss a possible subdivision of Anthony Martin’s property, recently purchased Maroney estate, to create a parcel that would provide a buffer strip between her parents property and the farming activity to be conducted by the Martin’s. Ms. Hanlon explained that the septic system is located close to the property line and an additional 50’ wide strip at the road (MacNeil Road)that would run approximately 200’ deep would be sufficient to protect the existing leach lines and buffer the home from any noise and activity. The Board members discussed the proposal and determined that a minor subdivision/lot line adjustment application would need to be processed. Ms. Hanlon replied that she would not want to merge the property initially on advice from the family attorney because of legal issues pertaining to illness. The clerk will consult the assessor to determine if the property can be merged, as is required with a lot line adjustment, with a separate deed maintained. Andrea Hanlon will consult a surveyor and provide a surveyed map of the proposed subdivision of Anthony Martin’s property, if ready, for a preliminary review at the December 7, 2017 meeting. Zoning Commission Newly elected Zoning Commissioner, Joan Kelley, asked the planning board to review proposed changes to the LUR concerning storage structures on vacant land. The issue had been previously discussed but due to requested modifications by the Cayuga County 239Review Committee, the update has been changed again and in need of planning board review. A copy of the 239Review letter dated September 27, 2017 and recommended changes were supplied; the Board will make comments at the Decmber meeting. Comprehensive Plan Member Sue Allen stated that the Fair Haven Planning Board was appreciative of the help offered by members of the Sterling planning board; and will continue to work on their updates to Goals & Strategies of the Comprehensive Plan. ADJOURN On a motion by Member Bishop and seconded by Member Kelley, the meeting was adjourned at 9:02 pm. Approved Minutes, Respectfully submitted, Lisa Somers Planning Board Clerk