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TOWN OF STERLING PLANNING BOARD MEETING July 21, 2015 A Special meeting of the Town of Sterling Planning Board was held on Tuesday July 21, 2015 at the Sterling Town Hall at 7:00 pm with the following members present: June Ouellette ~ Chairman Sue Allen ~ Member Grover Horn ~ Member Vernon Bishop ~ Member Susan Lemon ~ Member Also Present : Christopher Ferlito, Larry Benedict, Virginia Fichera, Steve Keeling, , Larry Flint, Reynold Bloom, Robin Allinger, Alvin Hammond, Dale and Lorraine Ritchie, Harold Burghart, Attorney Chris Palermo, Nancy Sheldon, Sharron Morgan and Lori Welsh. Chairman Ouellette called the meeting to order at 7:02 pm. PUBLIC HEARING Larry Benedict Chairman Ouellette read the notice into the record and opened the Hearing at 7:03 pm Notice is hereby given that the Planning Board of the Town of Sterling will hold a Public Hearing on Tuesday July 21, 2015 at 7:00 p.m. at the Sterling Town Hall, 1290 State Route 104A, Sterling, NY 13156. An Application for the Review of a Minor Subdivision by Larry Benedict will be heard regarding the Lot Line Adjustment of property located at 1383 State Route 104A, Sterling, NY 13156; Tax Map # 10.00-1-19. 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 Mr. Benedict presented new maps of the minor subdivision/ lot line adjustment for property containing a well and waterline to connect to a recently subdivided 5 acre parcel. A merge symbol between the two parcels was added to the map which is a requirement of the lot line adjustment process. Mr. Benedict stated that the new owners had wanted to purchase the whole property and that they have the first right of refusal to purchase the acreage in the next few years in which case another merge would occur. The Hearing was opened to the public for comments – there were none. The Short EAF for SEQR was completed in the original Hearing and was determined to be a negative declaration without any expected adverse effects on the environment or neighborhood. Without further questions from the Board a motion to close the Hearing at 7:32 pm was moved by Member Lemon and seconded by Member Horn, all were in favor and the motion carried. A motion to approve the submitted minor subdivision/lot line adjustment for Larry Benedict was moved by Member Horn and seconded by Member Allen, all were in favor without further discussion and the motion carried. Resolution 2015-09 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 Subdivision/Lot Line Adjustment of property owned by Larry Benedict and located at 1383 State Route 104A, Sterling, NY 13156; Tax map # 10.00-1-19 is hereby GRANTED upon the following express conditions: NONE but to be filed with Cayuga County within 62 days. A roll call vote was taken: Chairman Ouellette Aye ---PAGE BREAK--- Member Allen Aye Member Horn Aye Member Bishop Aye Member Lemon Aye 5 Ayes, 0 Nays, and 0 Abstentions - APPROVED BUSINESS Steve Keeling – Approved Minor Subdivision (#20.00-1-14) Mr. Keeling has been representing his mother and the Sheldon & Marion Keeling Revocable Trust to subdivide property owned by the Trust. He received subdivision approval from the Planning Board at the last meeting but was conditional to completing minor changes to the map and returning for approval stamp and signature. The required identification of all the contiguous properties was completed to the satisfaction of the Board along with the word ‘Final’ in the title block – all maps were stamped and signed. Steve Keeling - Preliminary Meeting - Minor Subdivision (#20.00-1-66.21) Mr. Keeling presented another subdivision of property belonging to the Sheldon and Marion Keeling Revocable Trust which essentially establishes a new property line between an existing mobile home and the remaining 12 acres which is planned to be merged with the adjoining residential parcel to the north. The dimensions of both properties are in conformance with the Land Use Regulations allowing the review to continue to the required elements checklist. The Board requests the following corrections to the map: ~ Change property owner from Hancock to Ferlito along bottom right of map. ~ Add well and septic locations for mobile home property. ~ Add setback dimensions for shed and barn to new property line. ~ Add ‘Final” to map title block. A Public Hearing was scheduled for August 3, 2015 at 7:00 pm. Reynold Bloom – Preliminary Meeting - Minor Subdivision (#13.00-1-61) Mr. Bloom presented a survey map of a minor subdivision of property along State Route 38 and Yuhas Drive. The Board Members reviewed the dimensional requirements of the proposed lots and found them to be in compliance with the Land Use Regulations. The applicant stated that the buyer plans to merge the property with his adjoining parcel to provide one tax bill, although the merge is not necessary because frontage along Yuhas Drive qualifies it as a legal building lot. They also reviewed the map against the required elements checklist and determined it to be complete except for adding ‘Final’ to the title block. A Public Hearing was scheduled for August 3, 2015 at 7:00 pm. Slobe Farms Real Estate –Sketch Plan Conference –Minor Subdivision (#13.00-1-10.11) Attorney Richard Reilly presented a proposed subdivision map for property owned by Slobe Farms Real Estate, LLC and located on Curtis Co-op Road. The purpose of the subdivision is to separate the home from the remaining property as well as the cell tower essentially creating 3 parcels. The Planning Board had several issues with the map as follows: ~ Multiple easements for electric and access drive are confusing and do not conform to the ROW dimensions. ---PAGE BREAK--- ~ The existing tower is a proposed new parcel of 0.1 acre - not a legal subdivision size. The attorney stated that the tower is grandfathered in a sense because it’s pre- existing, the Board disagreed and will research the tower requirements with Town Attorney. ~ The map presented does not reflect the entire parcel which continues across the roadway a great distance and has many contiguous properties that have not been identified as is required by the Land Use Regulations. Discussion ensued between the attorney and the Board to determine a way of including the information without drafting a new map that would be enormous at the required scale of 1” equals 100’. The Board agreed to accept the additional properties shown on the existing site location map with a listing of the owner information to the side. ~ Setback distances on all of the buildings need to be added. The map needs substantial changes and could possibly be unavailable for the next meeting on August 3rd therefore the attorney will notify the clerk if he is able to proceed in the next few days in order to meet the notification deadlines. Vivian Stevens – Preliminary Meeting for two Minor Subdivisions (#19.00-1-8.12 and # 19.00-1-12) Attorney Christopher Palermo is representing Vivian Stevens in two subdivision requests for property on Sterling Station Road in Red Creek. The first request is a lot line adjustment of 40,000 square feet to add property mowed, used with leach field for home belonging to Vivian Stevens. The Board reviewed the maps and after some discussion it was determined that a new map with the Buckman’s property as the parent parcel would need to be drawn to pursue the minor subdivision proposed. The attorney stated that he would discuss the requirements with all parties involved and get back to the Board. The second proposed subdivision was to create a parcel along the bottom of the property for a family member to build a home on. The new parcels are compliant dimensionally with the Land Use Regulations. The map was checked against the required elements checklist and will need the following corrections: ~ Minimum 10’ access around well along top portion of bottom parcel. ~ Lot Line Adjustment information needs to be removed – property lines and acreage totals. ~ Add property owner Sherman to bottom right. A Public Hearing was scheduled for August 3, 2015 at 7:00 pm. Christopher Ferlito – Special Use Permit – 13181 Sanford Road, Martville #20.00-1-68.1 Mr. Ferlito presented a revised survey map to the Planning Board that locates the 1,000 ‘ boundary between the existing structures and proposed active mining location and included two additional structures that the Planning Board requested. He also provided pages that update the project narrative and a color geologist’s site plan with 1,000’ arcs overlay. Mr. Ferlito stated that he anticipated the DEC final report that week and would supply it to the Board, which the Board required before proceeding further with the review. The Board members had the following questions and comments: ~ Member Lemon questioned if the new maps had also been presented to the DEC enabling their permits to reflect the same terminology of the new plan that they themselves are reviewing. The applicant said the DEC received the same information. ---PAGE BREAK--- ~ Member Allen asked Mr. Ferlito to explain the basic mining process to her including the names of the equipment used. Mr. Ferlito answered that initially an excavator digs up the material and places it into a hopper which feeds or directs the material down screen decks of various sizes to stockpile the material separately which is finally loaded into dump trucks and hauled away. He further stated that the dust is not caused by the excavation process and that any dust present is from the dump trucks pulverizing the dirt and sand they drive back and forth on. Member Lemon asked how they control the dust that is created. She was answered that water is used on all road surfaces as needed and that nothing chemical is required or needed. ~ Chairman Ouellette reiterated a point that Member Lemon had mentioned concerning the close proximity of the hamlet and the routes that the hauling trucks would utilize. The applicant had agreed early in the review with the DEC to have trucks enter from the north only and leave towards the south only in an effort to limit the traffic experienced by the neighbors. He also removed the north driveway that provided separate ingress and egress as requested by the DEC to move all traffic of the mine further south away from the majority of the neighbors and to control traffic at one point. He also plans to place signs on property and roadways to indicate desired traffic flow as well as using the truck radios to communicate the directions. ~ Member Allen asked how deep he will be digging. Mr. Ferlito replied that the DEC has set the depth at 5’ above the water table which the DEC monitors by digging random test holes. ~ Member Bishop asked why residents along Route 85 had stated that another mining operation in the area had created a lake. He answered that the other mine was preexisting and the DEC had granted a permit allowing them to excavate under the water table. ~ Member Lemon would like a list of all the agencies contacted by the DEC when they initially requested Lead Agency status - wondering if the Army Corps of Engineers had been contacted in regards to the possibility of wells and aquifer contamination. Mr. Ferlito responded that the Army Corps had been represented during the DEC field meeting at the site and suggested moving the southeast corner life of mine boundary to the top of the slope instead of the bottom. ~ Member Lemon speculated about the property values for those within the 1,000’ boundary because they wouldn’t build on portions of land after the fact so would it decrease their value. ~ Member Lemon also questioned the noise issues that must have existed in the past 60 years when operational, how is the current project different and what controls are being used. Mr. Ferlito stated that although the mine will be open year round the actual mining activity occurs seasonally and when material is needed to fulfill contracts. The Christmas tree farm creates a natural buffer and additional trees have been planted to improve this feature, as well as the construction of 6’ berm walls surrounding the life of mine area which assists in containing the sound within the hole being dug. Mr. Ferlito was unaware of the type of equipment used in the past, but his equipment is new with sound reduction devices not available in the past. ~ Member Lemon inquired about a traffic accident analysis study that a previous email from the DOT had mentioned. A letter was written to John Reichert of the DOT inviting their participation in the Site Plan Review, project information was sent to assist their ---PAGE BREAK--- study and their last response was accepting the materials as received and commencing with the review. ~ Christopher Ferlito stated that he has supplied all the information that he has received from all parties and is expecting the DEC comments package soon. If he has it by the August 3rd meeting then he’ll attend and will supply copies for the meeting, what is the Board’s process at this point. Both Chairman Ouellette and Member Bishop stated that the DEC package was important because it would supply documentation for many issues that are being contemplated by the Board and which the residents have voiced concerns over. The process is still collecting information that supports positively or negatively the many concerns and issues that have been reiterated at every meeting, once the Board feels that they have a completed package then a Public Hearing for Site Plan Review and SEQR will be scheduled and advertised with notification. At that time the tabled Special Use Permit Hearing will possibly be reopened as well. ~ Members of the Board had received copies of recent certified letter from Robin Allinger who would like to speak later in the meeting. TRAINING Chairman Ouellette attended the recent Cayuga County Planning meeting which discussed the Emerson Park Project in Auburn and the financial grants that were received and could be applied for by other municipalities. She also met the newest member of the Planning team, Mr. John Zepko, who has already been helpful with supplying requested information. She also commented that several solar panel distributors were present and informative regarding available grants to assist residents in establishing clean air programs. The County may also sponsor a Fall Recycling Day which would involve a small fee because of the anticipated large attendance. MINUTES Meeting minutes for July 6, 2015 were approved by a motion moved by Member Horn and seconded by Member Lemon. All were in favor without further discussion and the motion passed. PRIVILEDGE OF THE FLOOR Robin Allinger – Sanford Road resident across from the mine driveway sent a certified letter to Planning Board and the ZBA, portions of which she read aloud. The letter was written by a 9 year old girl who is concerned with her allergies, the noise and loss of the wildlife. Member Lemon asked how many kids are in the area and was answered that all the houses have kids but two and 2 buses make two rounds a day morning and afternoon and a sports bus after that. Cars already have difficulty passing a bus and many times one or the other has to stop to allow the other to pass through. Lori Welsh – Resident of the home just past the driveway and is very concerned with the truck traffic and its issues of dust, noise and safety. The wife of an employee of a mine that used shakers and stated that it’s loud and it’s dusty from the machine activity. Dale Ritchie – Local resident that drives a taxi and has been experiencing the increased truck traffic from Riccelli mines from county Route 85 all the way over to Central Square and stated that there is an increase in dust and noise from the ---PAGE BREAK--- increased numbers of hauling trucks creating traffic congestion in Towns and roadways between the mines and the Onondaga County worksite. He also believes that there is more than sand and gravel in these mines –that gas and oil also exists at 60’ well depths. The wildlife will disappear and buildings/structures will be impacted from the vibrations created at the mine. He also stated that the well on the property that Mr. Ferlito will be using is connected to several of the surrounding properties and could rob them of water by extracting too much. His final point of contention was the suspicious resurfacing of Sanford Road with shoulder build-up and an additional 3”-6” of blacktop pavement – was it in preparation of approving the project? He also commented on road postings and speed limits as well as concern for trucks entering roadways and increasing the potential for accidents where many already occur. Larry Flint – Resident of Hannibal that petitioned the area speed limit be lowered to compensate for the increased traffic. He was successful in reducing it from 55 mph to 45 mph for the process entails a request from the Town Board to the County Highway Department which then coordinates a review with the DOT who then makes the final recommendation. Virginia Fichera – Would like to see the Board follow the 239 Review report from the County which recommends coordination with the DOT, essentially giving the authority to involve an agency that wouldn’t normally be involved because the project is on a local road and not a state highway. She also wanted the Board to review the geologist’s analysis which pinpoints many issues this project will induce. The many illnesses in the neighborhood – asthma, allergy and heart conditions – would all be negatively affected by the mining activity. In conclusion she would like the Planning Board in its advisory capacity to advise the ZBA to revisit their initial variance request approval. ADJOURN On a motion by Member Bishop and seconded by Member Horn, the meeting was adjourned at 10:03 PM. Approved Minutes, Respectfully submitted, Lisa Somers, Planning Board Clerk