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TOWN OF STERLING PLANNING BOARD MEETING April 19, 2018 A regular meeting of the Town of Sterling Planning Board was held on Thursday April 19, 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: CEO Jay Moose and Town Councilor Joan Kelley. The meeting was called to order at 7:02 pm by Chairman Ouellette. Erie Enterprises LLC, North Victory Pit Stop; Application for Special Use Permit The applicants are not present at tonight’s meeting and have been asked to be placed on the agenda for the June 7th meeting. Some Board members expressed concern over another delay of the review process by the applicants, many expected to receive final requested information tonight and schedule a Public Hearing for the May meeting. Discussion ensued regarding notifying the applicant that the Planning Board plans to move forward on the application at the June meeting, as requested, and that all paperwork for their consideration be submitted before that date. CEO Jay Moose approached the Board to discuss the role of the Codes office in regards to the Special Use Permit currently under planning board review. He explained the zoning/building permit application process which combines a review of the requirements of the Town LUR (zoning) and the State Building Codes. Open discussion ensued regarding: ~ The original pre-existing status of the business consisting of the store and a 24’x24’ gas canopy with fuel pumps. ~ Existing open building permits for solar panel array and store renovation with enlarged gas canopy. ~ Relocation of fuel storage tanks to above ground on adjacent parcel. Renovations of store structure limited to interior redecorating. ~ The merge of parcels creating the need to apply for a Special Use Permit. ~ The ZBA area variances granted for double front setbacks regarding an enlarged canopy and the above ground storage tanks. CEO Moose affirmed that a special use permit was required due to the lost pre-existing status when the merge created a new parcel; and due to the expansion of a non- conforming use. He informed the members that if this project had followed the correct steps then the applicants would have first secured the Special Use Permit, then be issued the building permits and finally receive compliance certificates after CEO inspections completed. The Planning Board is therefore not in need of any paperwork from the CEO at this time and are able to proceed with the SUP review. CEO Moose stated that he had recently performed a NYS Fire Inspection, and other than the need to update a few items which are dependent upon a year-specific Code, the equipment utilized and construction performed is of good quality. The owners of this establishment also own eighteen others and are very familiar with the standards that are expected. The only areas of concern were a couple of barrels stored between the two above ground storage tanks which CEO Moose intends to have the applicant remove, also some piping on the ground will need to be removed. The Board ---PAGE BREAK--- questioned whether the existing bollards on the site would be sufficient for use as collision prevention along the west and north sides of the tank as has been requested by the ZBA and County Planning (239 Review). The existing bollards along the interior side of the tanks meant to guide the tankers when parking to unload fuel are sufficient where they are for fire code but are not rated for collision. CEO Moose expounded that there are many systems available which are DOT approved, and that the Planning Board could require the applicants to provide a design that meets crash requirements. Members Crawford and Kelley remarked that the tanks were installed under the direction of both the DEC and DOT and think that the distance from the intersection perhaps excludes the need, otherwise it would have already been done. Member Bishop stated that the Board could also hire a consultant to prepare a design at the expense of the applicant, which is accounted for in the LUR for project review. After some discussion the Board decided to inform Case Marshall that an engineered, DOT approved design and site plan for a crash barrier system is required for the June 7th meeting. PRIVILEGE OF THE FLOOR The Planning Board discussed an element of their meetings that had been removed from the agenda the previous year because of the disruptive audience behavior during more than a year of meetings. Privilege of the floor was a time during which anyone in the audience could participate in the meeting in an effort to clarify previous discussion or allow new business or thoughts. In response to previous negative conduct, the Planning Board has adopted rules of procedure for their meetings to insure controlled expression by all those present. The Planning Board made a motion to once again include Privilege of the Floor at the end of the meeting agenda, beginning with the May meeting. The motion was moved by Member Bishop and seconded by Member Crawford, all were in favor and the motion carried. CAYUGA COUNTY TRAINING Chairman Ouellette announced that she would be attending training session ‘Hot Button Issues’ next Wednesday if anyone wanted to go, Member Bishop will also attend. The last months training session ‘Waterfront Properties’ was informative and discussed the possibility of making the Sterling Creek part of the inland waterway. This would be tourism related and provide advertisement and promotion of the area and the many recreational amenities available through a variety of sources. Town Board action is required, any paperwork to be forwarded. MINUTES A motion to approve meeting minutes with minor corrections for October 5, 2017 was moved by Member Crawford and seconded by Chairman Ouellette. All were in favor without further discussion and the motion passed. A motion to approve meeting minutes for March 1, 2017 was moved by Member Kelley and seconded by Member Allen. 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 8:37 pm. Approved Minutes, Respectfully submitted, Lisa Somers, Planning Board Clerk