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TOWN OF STERLING PLANNING BOARD MEETING July 6, 2015 A Special meeting of the Town of Sterling Planning Board was held on Tuesday June 23, 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 : Town Attorney Kevin Cox, Christopher Ferlito, Larry Benedict, Mireille Watts, Virginia Fichera, Steve Keeling, , Larry Flint, Rick Stevens, Reynold Bloom, Constable Robert Shon, Assessor Lezli Parsons, . Chairman Ouellette called the meeting to order at 7:02 pm. PUBLIC HEARING Steve keeling Chairman Ouellette read the notice into the record 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 Monday July 6, 2015 at 7:00 p.m. at the Sterling Town Hall, 1290 State Route 104A, Sterling, NY 13156. An Application for the Review of Subdivision by Steve Keeling will be heard regarding the Minor Subdivision of property owned by the Sheldon and Marian Keeling Revocable Trust and located at 15129 State Route 104, Martville, NY 13111; Tax Map # 20.00-1-14. 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. Keeling presented new maps to the Board which included the requested revisions to add contiguous properties information and to add the word final to the title block. Upon further review it was determined that additional information concerning the contiguous properties along Route 38 also needed to be added. The Hearing was opened to the public for any comments or questions – resident Mireille Watts asked to review the map. The Board Members reviewed the short form EAF which was supplied by the applicant to fulfill SEQR requirements. Changes to questions 7 and 9 were initialed by the applicant after brief discussion with the Board, the EAF Mapper was attached and the project was determined not to have any negative environmental affects and received a negative declaration. The Hearing was closed at 7:30 pm on a motion moved by Member Horn and seconded by Member Allen, all were in favor and the motion carried. A motion to accept the Keeling minor subdivision conditional to the addition of contiguous properties information to the map was moved by Member Horn and seconded by Member Allen, all were in favor without further discussion and the motion carried. Resolution 2015-08 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 the Sheldon & Marion Keeling Revocable Trust and located at 15129 State Route 104, Martville, NY 13111; Tax map # 20.00-1-14 is hereby GRANTED upon the following express conditions: Identification of all contiguous properties across both State Route 104 and State Route 38 shall be added to the final subdivision map; and ---PAGE BREAK--- Final subdivision map to be filed with Cayuga County within 62 days. A roll call vote was taken: Chairman Ouellette Aye Member Allen Aye Member Horn Aye Member Bishop Aye Member Lemon Aye 5 Ayes, 0 Nays, and 0 Abstentions - APPROVED BUSINESS Larry Benedict Mr. Benedict had received subdivision approval at the last meeting of the Planning Board on June 23rd and has returned to request a modification of that approval. He explained that the mortgage company for the buyer will not accept the property unless the property encompassing the well ROW (12’x850’) is made part of the parcel and is not a written, mapped or deeded ROW. Some discussion ensued amongst the Board, Town assessor Lezli Parsons was consulted, and it was determined that a modification wouldn’t be appropriate and that a minor subdivision/lot line adjustment with property merge would need to be applied for. Mr. Benedict assured the Board that the surveyor was ready to complete map as soon as they scheduled a meeting for the public hearing. A hearing was scheduled for July 21st to allow required notification. Reynold Bloom – Sketch plan conference for Minor Subdivision Mr. Bloom presented a filed application with completed EAF for a minor subdivision of property located on Route 38 and Yuhas Drive. He would like to subdivide 5 acres of the 26.7 acre parcel to sell to neighboring property owner along Route 38. The remaining 21 acres has road frontage along Yuhas Drive as well as on Route 38. The applicant was instructed to bring a single completed preliminary survey map with the elements required (list supplied) to the next meeting for a preliminary approval and scheduling of Public Hearing. Rick Stevens – Sketch plan conference for Two minor subdivisions Rick Stevens explained that he was representing property that his mother, Vivian Stevens, was subdividing and was additionally filling in for their attorney, Chris Palermo, who had completed the paperwork and would be present at future meetings. The first action is a minor subdivision classified as a lot line adjustment to reestablish a property line believed to be further west than its actual location. The Stevens residence is located along Sterling Station Road at the intersection of Wright Road just south of the intersection of Humphrey Road and Stevens Road. The applicants would like to add approximately 40,000 sf along the rear property line to encompass land that has the leach field and septic tank for the residence. The property in question has been mowed by the Stevens for years and had always been believed to be theirs until a survey for the second subdivision to be presented tonight brought the situation to light. The Board members reviewed the map against the LUR and the required elements list and found the following needed to be added: 1. Title changed to Vivian Stevens Lot Line Adjustment 2. Identify leach field location – check with Health department for setbacks. 3. Add merge symbol to property. ---PAGE BREAK--- A second subdivision map was reviewed that would subdivide 3.9 acres along the southern portion of the 7 acre parcel to be given to a grandson in the family. The new parcel to be formed would have 430’ of frontage along Wright Road and is compliant with the dimensional requirements of the LUR. The map was reviewed and needed the title block changed to Vivian Stevens Subdivision Plan. The applicant was told to bring back a single copy of each map once completed for a preliminary approval and scheduling of Public Hearing. Christopher Ferlito – Special Use Permit – 13181 Sanford Road, Martville #20.00-1-68.1 Mr. Ferlito presented a map to the Planning Board in an effort to comply with the 1,000 ft setback requirement between the mining activity and the surrounding structures. The map contains a newly established line running north and south through the life of mine boundary representing the 1,000 setback. He explained that he planned to mine only the areas to the east of the boundary line and that it would be field located by flags to enable himself as well as Town and State officials to locate it. The Board reviewed the map and found that two houses in the southwest corner needed to be added to determine their 1,000 ft boundary location as well as the boundary line needed to be overlaid upon the site plan map which was initially presented with the application and has received slight changes throughout the review process. The narrative also needs updating to include any resultant changes such as new phasing. The applicant explained that he intends to pursue another variance for the phases that he’s skipping over in the future. The Board received letters from the Town of Victory and the Cayuga County Highway Department as well as an email from the DOT in response to the 239 Review comments. The DEC has not yet supplied a full package concerning the comments phase of the SEQR review which the Board will require before proceeding with the Hearing that was tabled at the June 1st meeting. Chairman Ouellette allowed some comments from the audience at this time although the public hearing for this application had not been reopened. Member Susan Lemon addressed some concerns regarding traffic generated from the mine traveling through the hamlet area which Chairman Ouellette explained had been mitigated earlier in the review by mandating all trucks from the mine would travel south eliminating a majority of the hamlet’s roadways. Some residents questioned whether the trucks would be kept off of State Route 104 which runs through the hamlet, the response was that Route 104 is built for truck traffic and is recognized as such. Dr. Virginia Fichera added to the discussion that the LUR and the Comprehensive Plan are at odds with this project and that the members of the Board need to perform due diligence in their duties to conform with the documents of the Town. She also stated that her requests for file documents have not been entertained and believes that the Town is nontransparent in the handling of applications. Town Attorney Kevin Cox replied that she had received a reply from the Town and they were now awaiting her to set up an appointment date to review and tag the documents. Dr. Fichera requested that Chairman Ouellette read aloud the email received from the DOT, which she did, and then further elaborated that many intersections throughout the county and state have similar concerns and this particular case does not rank highly on a list of importance. A few residents asked to review the map that the applicant had submitted – Larry Flint asked about the haulage roads and a discussion between himself and Mr. Ferlito ensued regarding the haulage roads location on Mr. Ferlito’s application in Hannibal which runs along Mr. Flint’s property – a different scenario than this gravel mine where the ---PAGE BREAK--- haulage road is within the life of mine boundary. Mrs. Watts also reviewed the map and asked who would enforce the new boundary line – she was told the Town CEO Bruce Applebee. Member Bishop read aloud the LUR requirements of mining operations being a minimum of 100’ from any property line and 1,000 ‘ from any structures and stated that the applicant has presented a plan that complies with those two dimensional requirements. Member Bishop asked the Attorney Kevin Cox about the 239 Review comments that had been received and whether voting against them is common? The attorney replied that the County has a different perspective than a Town Planning Board and as long as decisions are well-founded and supported then a supermajority vote of the Board would overturn the County recommendations. The applicant will return once materials requested have been updated. MINUTES Meeting minutes for June 23, 2015 were approved by a motion moved by Member Bishop and seconded by Member Horn. All were in favor without further discussion and the motion passed. ADJOURN On a motion by Member Bishop and seconded by Member Horn, the meeting was adjourned at 9:35 PM. Approved Minutes, Respectfully submitted, Lisa Somers, Planning Board Clerk