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TOWN OF STERLING PLANNING BOARD MEETING February 1, 2016 A regular meeting of the Town of Sterling Planning Board was held on Monday February 1, 2016 at the Sterling Town Hall at 7:00 pm with the following members present: June Ouellette ~ Chairman Sue Allen ~ Member Susan Lemon ~ Member Excused: Members Vernon Bishop and Scott Crawford. Also Present : Donna Shortslef, David Haskins, Robert Brenner and Robert Williams from Nixon Peabody for Verizon Wireless. Chairman Ouellette called the meeting to order at 7:02 pm. PUBLIC HEARING Chairman Ouellette read the notice into the record and opened the Hearing at 7:05 pm. Notice is hereby given that the Planning Board of the Town of Sterling will hold a Public Hearing on Tuesday January 19, 2016 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 Donna Shortslef will be heard regarding the Minor Subdivision of property owned by the Katie Mae Revocable Trust and located at 1817 Andrews Road, Sterling, NY 13156; Tax Map # 7.00-2-51.1. 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 Chairman Ouellette asked the applicant to explain the subdivision request for the audience present at tonight’s meeting. Donna Shortslef stated that she and her sisters were dividing their mothers property into two parcels - the house and 11.85 acres would belong to Deanna Shortslef and the remaining 12.65 acres would be added to adjacent parcel #7.00-02-51.2 owned by Denise Shortslef. Chairman Ouellette stated that by merging parcel #2 with property owned by Denise Shortslef, a better lot configuration develops which is more compliant with the desired lot size and shape depicted in the LUR. The Planning Board had reviewed the map at the January meeting and found it to be complete of all items required on the survey map checklist. The clerk had spoken with surveyor Eric Sverika regarding a symbol placed across a property line that resembled a merge symbol which would be an incorrect notation for this subdivision. The symbol was a broken arrow, unlike the merge symbol which is a solid line; and denotes original lot configuration for the purposes of future property searches. A completed short form EAF for SEQR was reviewed and the action was determined to have no adverse environmental impacts on the surrounding neighborhood. The Hearing was opened for public comments and questions – there were none. A motion to close the Hearing at 7:36 pm was moved by member Lemon and seconded by Member Allen, all were in favor and the motion carried. A motion to accept the minor subdivision requested by Donna Shortslef was moved by Member Allen and seconded by Member Lemon, all were in favor without further discussion and the motion carried. Resolution 2016-01 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 Katie Mae Revocable Trust and located at 1817 Andrews Road, Sterling, NY ---PAGE BREAK--- 13156; Tax map # 7.00-2-51.1 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 Member Allen Aye Member Bishop Excused Member Lemon Aye Member Crawford Excused 3 Ayes, 0 Nays, and 0 Abstentions - APPROVED BUSINESS David Haskins – Preliminary Review – Special Use Permit – 14014 Craine Road, Sterling (11.00-1-37.2) Mr. Haskins presented a written narrative of his proposed dog kennel business to be located in an existing barn on his residential property. The idea was born from a hobby he enjoys, and the desire to renovate and save an old barn. The narrative states: ~ Kennel to occupy barn and a proposed 14’x40’ concrete slab for outdoor runs . ~ 10 indoor kennels with 10 unattached outdoor runs; 2 cages for cats; one additional kennel to re-home rescue dogs. ~ Maximum kennel occupancy: 3 per kennel for small/toy breeds and 2 per kennel for larger breeds. (change added at meeting to clarify number). ~ Existing floodlight sufficient to light front of barn, entrance and parking. Additional lighting in future possibly over the entrance, under and around proposed 16’x40’ deck, and illuminate sign at driveway – spotlight mounted under sign, not flashing. ~ Hours of operation: 9:30 to 11:00 am and 5:30 to 7:00 pm, six or seven days a week. Client access to property would be limited from 8:00 am to 8:00 pm – added at meeting to allow for individual customer needs. ~ Upgrades to property include siding, new 8’x8’ entry doorway, exterior concrete slab, proposed future wooden deck, paint, and crushed stone for driveway. ~ Business would only occupy the ground floor of barn (1800 sf out of 6000 sf) , upper floors and pole barn area would be for personal use. Mr. Haskins also provided an updated site plan which the Board reviewed and found to be complete. The members asked if the scope of business was only for kenneling of dogs or would he be providing other services such as grooming. He stated that the kennel business was boarding and rescue only. There would be absolutely no training or breeding, but could have occasional bathing if a dog were muddy for instance. The Board directed Mr. Haskins to file his application with the Town Clerk and that the planning secretary would then schedule a Public Hearing for the next meeting. Verizon Wireless – Preliminary Review – Special Use Permit with Site Plan Review – 14223 Acre Road, Sterling (11.00-1-34.1) Robert Brenner approached the Planning Board as a representative of Verizon wireless for the approval to collocate a wireless facility on an existing telecommunications tower and submitted a narrative and full size building plans for the Board to review. The package had been received in January of 2016, at which time the clerk submitted a 239 Referral to County Planning primarily because the project is located within 500’ of a ---PAGE BREAK--- working farm located within a State Ag District. The Committee’s response was that the action had no inter-municipal concerns and was of local concern only. The response was also provided to the Board members. Mr. Brenner answered a few questions such as the age of the tower – 15 years, who the owner is – SBA owns and leases to Verizon, and if the new array would cause interference with the existing AT&T antenna – no interference because of a 16’ separation between structures where the standard is only 10’. Mr. Brenner explained that a change had been made to the design since submission - the proposed platform and outdoor cabinets were replaced with a small structure to shelter the utility cabinets (new set of updated plans provided for members). A discussion began regarding the Sterling LUR and that although wireless communication towers are included in the permitted uses table, a section for collocation of facilities does not exist and therefore a Special Permit is not required. He further explained that the project falls within the Essential Services guidelines and by definition does not require municipal zoning approval and that companies try to adhere to Town regulations for informational purposes. The applicant requested that the Planning Board waive the Special Use Permit process of Public Hearing and allow the project to proceed to the CEO for building permit application. The Middle Class Tax Relief Law passed by the Federal government in 2012 states that municipalities can not deny zoning applications that provide public services which this proposed tower collocation would do. The exemption further states that as long as the fenced area that is leased does not increase and the tower height is not increased a modification to an existing site can not be denied. The Board was hesitant to waive the process until consulting with the Town Attorney. The applicant was concerned with the notification that they had provided to the neighboring properties up to 500’ of the project because it would pass the 60 day time period if they had to wait for a March meeting. The Planning Board agreed to schedule a special meeting during the third week of February in an effort to resolve the application before the 60 day period expired and still be able to consult the Town Attorney Kevin Cox. Member Sue Allen asked Mr. Brenner to provide a letter of the changes discussed regarding the platform versus shelter details to add to the original application, he stated that he would provide one for the Board’s records. Sterling resident Joan Kelley asked if a provision for dismantling was required and suggested asking the attorney about it as well. The clerk will notify the applicants of a meeting date once the attorney has been consulted. Chris Lawson – Sketch Plan Conference – Springbrook Greens Golf Course Although Mr. Lawson was not present at tonight’s meeting some discussion ensued regarding the inquiry of a liquor license for the golf course that he manages. The golf course and associated property is owned by NYS and is designated as part of the NYS Parks Department. At one time the golf course was in jeopardy of being closed but was instead offered out to RFP’s. Chris Lawson was awarded a 5 year managing concessionaire arrangement over the golf course and clubhouse with an option to add another 5 year contract. The Board asked the clerk to notify the attorney of the proposal thus far in case he has any input. MINUTES ---PAGE BREAK--- Meeting minutes for January 4, 2016 were approved with minor corrections by a motion moved by Member Lemon and seconded by Chairman Ouellette. All were in favor without further discussion and the motion passed. ADJOURN On a motion by Member Lemon and seconded by Member Allen, the meeting was adjourned at 8:46 PM. Approved Minutes, Respectfully submitted, Lisa Somers, Planning Board Clerk