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TOWN OF STERLING PLANNING BOARD MEETING July 19, 2018 The regular meeting of the Town of Sterling Planning Board was rescheduled from July 5, 2018 to Thursday July 19, 2018 and was held 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: Town Attorney Kevin Cox, Constable Rich Wood, Case Marshall, Attorney Norman Chirco, Bill McIntyre, Paul & Shirley Jones, Robert Barber Jr., Town councilor Joan Kelley, Kim Duffy. The meeting was called to order at 7:00 pm by Chairman Ouellette. PUBLIC HEARING Erie Enterprises LLC, North Victory Pit Stop; Application for Special Use Permit 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 July 19, 2018 at 7:00 PM at the Sterling Town Hall, 1290 State Route 104A, Sterling, NY 13156. An Application for a Special Use Permit with SEQR review was submitted by Erie Enterprises LLC regarding the Pit Stop Convenience Store and Gas Station on property located at15057 State Route 104, Martville, NY 13111; Tax Map # 20.00-1-57.1. 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 Attorney Norman Chirco briefly explained that the applicants purchased a small property that had been abandoned at the corner of State Routes 38 and 104, which the applicant merged with the existing non-conforming business parcel in order to relocate underground storage tanks and provide a modern updated site design. The merger of property created the need to apply for a Special Use Permit because the non- conforming use was made larger which is against the regulations of the Town of Sterling for Non-Conformities. Attorney Chirco referred to a letter dated 7/12/18, which he later read aloud into the record, as providing the additional information that the Planning Board had requested at the last meeting he had attended. The applicant, Case Marshall, had also supplied an updated site plan locating a barrier system that was also requested by the Planning Board. The barrier system specifications were also supplied and will be part of the project documents. Member Bishop asked Mr. Marshall to more clearly identify the barrier location on the site plan and to additionally add the dimensions of the barriers, which Mr. Marshall complied with and supplied back to the Board for their approval during the meeting. Member Bishop also asked if the barriers had been installed. Mr. Marshall replied that his construction manager would install them under the direction of the DOT whose only concern is that they not be placed within the State ROW. He also said that Planning Board approval of the proposed barrier system is necessary before they are installed. Member Bishop inquired whether additional language is needed to ensure installation of the barriers, to which the other Board members replied that it would be a condition ---PAGE BREAK--- of approval and is listed in the resolution as such. Attorney Kevin Cox confirmed that the installation of the barriers, and any other conditions, would be overseen by the CEO who has the discretion of holding back the special use permit until he deems the site to be compliant. Chairman Ouellette briefly explained that the merger of a non- compliant parcel, which could not be developed legally as a use in its zoning district because of the extremely small size, was merged with a pre-existing non-conforming business parcel. The merger dissolved the pre-existing status and made the new site non-compliant with the Town’s regulations which required application for a Special Use Permit. The process has involved consultation with the DEC, DOT, ZBA approval for Variances, Cayuga County 239 Review, SEQR Determination, SCAD notification, Site Plan review with revisions and approval (LUR Article XI), Special Use Permit review (LUR Article review of Non-Conformities Section (LUR Article XIV), and review of the Comprehensive Plan for compliance. Chairman Ouellette stated that the Town encourages business ventures and the review is not usually so extensive but this project had many moving pieces and the paperwork began 3 years after the completion of all the site work making the review process tedious, she thanked the applicant for his patience and ability to provide everything that the Board has requested of him. The Public Hearing was opened at 7:15 pm for public comments – there were none. The Board members commented on emails that had been received throughout this application process from resident Virginia Fichera, and took her concerns into consideration when reviewing this application. Member Crawford commented that the applicant did a great job renovating the business and site plan, and that the appearance is cleaner and safer. With no other public comments, and on a motion by Member Kelly that was seconded by Member Crawford, the Hearing was closed at 7:25 pm. The Board Members completed Parts 2 and 3 of the SEQR short form EAF aloud; a motion was moved by Member Crawford and seconded by Member Kelley to accept a Negative Declaration for the Pit Stop project which had been classified as an Unlisted Action at the February 1, 2018 meeting, all were in favor and the motion carried. The Board deliberated the merits of the application presented through the numerous letters and documents contained within the project file to determine if adequate evidence had been provided to support all of the requirements applicable to Special Use Permits as listed in LUR Article X, Subsection Their findings are detailed in the following text (pages 3-5) of Resolution #2018-02. The draft resolution was read aloud by Chairman Ouellette and without further discussion by the Board, a motion to approve the requested Special Use Permit as presented in the project documents and site plan dated 2/15/2018 was moved by Member Kelley and seconded by Member Crawford, all were in favor and the motion carried. Resolution 2018-02 WHEREAS, the Applicant, Erie Enterprises LLC, has appealed to the Planning Board for a Special Use Permit with Site Plan review to operate the existing Pit Stop Convenience Store and Gas Station on a newly merged parcel with improvements, on property located at 15057 State Route 104, Martville, NY 13111; Tax Map #20.00-1- 57.1, and, WHEREAS, notice of public hearing was duly published in the official newspaper of the Town of Sterling at least days prior to the date of such public hearing, and all additional notices thereof having been made as required by law, and, ---PAGE BREAK--- WHEREAS, a public hearing was held on Thursday July 19, 2018 upon the above referenced matter, and, WHEREAS, at said hearing all those interested in said application were heard either in favor of or in opposition there to, and, WHEREAS, a SEQR Review of the project was duly performed at the July 19, 2018 meeting, and a Negative Declaration determination was accepted by unanimous vote, on a motion moved by Member Crawford and seconded by Member Kelley, and, WHEREAS, Area Variances were requested for Sterling Land Use Regulations (LUR) Article VII, Section 1, Table 1, and Section 2 – Front setback requirements for corner lots in regards to the aboveground storage tanks and gas canopy; and were granted by the ZBA on February 22, 2018. An Advisory Statement from the ZBA to install a safety barrier system along the south side of the aboveground storage tanks was also received and has been made a condition of this resolution, and, WHEREAS, a site plan dated February 15, 2018 was submitted for Planning Board review and accepted in accordance to the provisions of LUR Article XI for Site Plans, and, WHEREAS, referral to the Cayuga County Planning Board, in accordance with NYS GML 239-l, m&n was made, with a Final Determination received from the Committee recommending approval without change, but to give consideration to the installation of concrete bollards along the west side of the aboveground storage tanks for safety purposes which has also been made a condition of this resolution, and, WHEREAS, a Memo dated December 7, 2017 from Norman Chirco, Esq., a letter dated December 28, 2017 from Norman Chirco Esq., and letter dated July 12, 2018 from Norman Chirco Esq. has been received and accepted by the Planning Board as support answering provisions of LUR Article X, Subsection and for Special Use Permits, and, WHEREAS, the Planning Board further considered the provisions of LUR Article X, Subsection with the following findings: Article 10-4(A)(1): In the best interest of the Town, the convenience of the community, the public welfare, and be a substantial improvement to property in the immediate vicinity. The Planning Board processed an application for a Special Use Permit for a convenience store and gas station which was initiated by the failure of an underground fuel storage tank and a merger of two parcels in which the applicant strived to create a modern business that would enhance the neighborhood aesthetically and economically. Chairman June Ouellette stated that the actions of the applicant have created a vastly improved property that is not only pleasing to the eye but also provides valuable services to the surrounding residents. She affirmed that replacing the underground storage tanks with an aboveground system is environmentally safer and would better protect the primary aquifer of Sterling if leakage ever occurred in the future. She added that the additional property enlarged the site plan to provide safer ingress and egress of vehicles as well as separating the store activity from the gas pumps and the storage tank servicing area. The property’s appearance has also been transformed to a clean and upgraded design that is aesthetically pleasing and improves the property values of the area. Member Sue Allen expressed that the removal of the abandoned and vacant parcel, which couldn’t be developed as any conforming use, offers substantial improvement to the surrounding area in itself. Member Paul Kelley commented that the ---PAGE BREAK--- convenience store and gas station have been a fixture in that neighborhood and would be sorely missed by the community if it were not there. He added that it is a well used facility with customers from early morning to close, and that the improvements made by the applicant enhance the quality of services provided for the neighborhood and the bypassing public. Member Scott Crawford stated that the transformation of the site is impressive, and it represents Sterling well as an entry point to the Town via State Route 38. He added that the removal of the house and trees after purchasing the additional property vastly improved sight lines on an already dangerously designed intersection of two highly travelled State roads. The members were in agreement that the continued business use of the newly merged property is in the best interest of the Town, an asset to the community, provides safer passage for the public, and improves the general character of the area. Article 10-4(A)(2): Suitable for the property in question, and designed, constructed, operated and maintained so as to be in harmony with, and appropriate in appearance with the existing or intended character of the general law. The property existed as a business previous to the Town’s Zoning laws and has been considered a valuable asset for the surrounding community for years, as has been attested to from comments made by neighboring property owners during previous Public Hearings concerning this application. Member Sue Allen added that the property is located within a Hamlet zoning district where the proposed business use provides the mix of uses as is defined in the LUR. It is also a targeted use by the Comprehensive Plan as providing low intensity commercial/retail development amidst smaller residential lots, making this proposed use entirely appropriate for the neighborhood it is located within. The Board Members commented on how the many improvements have made the internal and external layout safer for vehicles and people, improved maneuverability, separated uses and streamlined the property’s appearance by eliminating the abandoned house and overgrown shrubs and trees. The removal of the house, shrubs and trees resulted in better sight lines along both State roads affecting not only the ingress/egress of this property but also visibility at the intersection. The Board Members concluded that the continued use of the property as a store and gas station remains in harmony with the neighborhood, and with the improvements made, is better able to provide the essential services the community is accustomed to. Article 10-4(A)(3): In conformance with all applicable requirements of these Regulations. The Planning Board vetted the application through all pertinent sections of the LUR and has found the proposal to be in conformance with all the applicable requirements. The following sections of the LUR were reviewed and are documented in the meeting minutes of the Board: Article XI Site Plan Review, Article XIV Non-Conformities, Article X Special Use Permits, and Article VII Dimensional Requirements. Referral to ZBA for Area Variance requests and approval, submission to Cayuga County for 239 Review, and a SEQR Determination with SCAD notification was also completed during the review of this application and are also documented within the meeting minutes of the Board and Planning project file. ---PAGE BREAK--- Article 10-4(A)(4): In compliance with the Town of Sterling Road Preservation Law. Not applicable to this application because the property has frontage on State Route 104 and State Route 38 – no Town roads are directly affected. WHEREAS, the pre-existing status of the Pit Stop Convenience Store and Gas Station business was terminated when merged with an adjacent and non-conforming parcel, initiating compliance with LUR Article XIV, Subsection and for Non Conformities. The PB received and accepted a letter dated July 12, 2018 from Norman Chirco Esq., as sufficient in that it provides an argument affirming that the non- conforming use is appropriate for the property and the community, and, The Board has relied on verbal representations made by the applicant during the course of these proceedings as noted in the applicable Board Minutes. The validity of these statements are expressly made a condition of this approval. NOW THEREFORE, upon a motion duly made by Member Kelley and seconded by Member Crawford, BE IT RESOLVED, by the Planning Board for the Town of Sterling, upon the facts presented and the determination made, upon adequate and substantial evidence presented by the applicant, that the application for a Special Use Permit to operate the Pit Stop Convenience Store and Gas Station in accordance to the submitted site plan dated 2/15/18 and located at 15057 State Route 104, Martville, NY 13111; Tax Map #20.00-1-57.1 is determined to be in compliance with all of the required regulations and standards of the Land Use Regulations, and is conforming to the general plans of the physical development of the Town as embodied in the Town’s Comprehensive Plan, the Planning Board does hereby GRANT the requested Special Use Permit with the following express conditions: 1. Installation of DOT approved and engineered safety barrier system along the west and south ends of the aboveground storage tanks as presented on plans dated 2/15/18. 2. Maintain best possible sight lines along State Routes 104 and 38 by keeping property clean with no brush accumulation. 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 Robert Barber Jr. – Sketch Plan Conference-Minor Subdivision Robert Barber submitted a completed application with a SEQR EAF for a minor subdivision of property on State Route 104 in Red Creek. Mr. Barber has a surveyor currently working on a map to subdivide a 5 acre parcel containing a house and buildings from an 88 acre parcel but does not have a preliminary plat to show the Board. He and his wife explained that they have been trying to sell the property as one piece because they want to move south where they have family and grandkids. They currently have a purchase offer for a five acre parcel and are asking the Board to schedule a Public Hearing at their next meeting and shorten the time requirements to satisfy the buyer. Mitch Almeter is the potential buyer and is present with a hand ---PAGE BREAK--- drawing of what his purchase agreement specifies for a 5.05 acre parcel beginning 480’ from the southeast corner of the Barber property. Discussion regarding the map requirements in relation to the size of the 88 acre parcel to be subdivided resulted in a waiver of the required scale in order to reduce the map size. The usage of slope arrows instead of contour lines was also found to be acceptable since the property is not going to be developed. A motion was moved by Paul Kelley to waive required map elements of scale regarding the original parcel and to utilize slope arrows. The motion was seconded by Member Allen, all were in favor and the motion carried. The Board members reviewed the proposal and found it to be dimensionally compliant with the LUR and agreed to schedule a Public Hearing at the August 2nd meeting, provided that the applicant provides a survey map at that meeting. The clerk will provide copies of the application and EAF for the Board members to review. Bill McIntyre; Paul & Shirley Jones – Sketch Plan Conference –Minor Subdivision: Lot Line Adjustment Bill McIntyre has property that shares two property lines with neighboring parcel belonging to Paul & Shirley Jones. Mr. McIntyre would like to exchange a 50’ strip of land down the side property line, and a 50’ strip of property across the rear property line of the Jones’s, to eliminate an easement for access from the Jones’ property to a well on the McIntyre property that is no longer used. The review by the members yielded an issue in that Mr. McIntyre’s property would not be compliant by a deficit of 13’ in road frontage if the subdivision were allowed. Mr. McIntyre also owns the parcel to the east but does not want to alter the property line to gain additional frontage. The Jones’s are willing to release the well easement but want a wide strip of land to buffer their residence from the neighbor that eventually buys Mr. McIntyre’s property. A compromise of 37’ along the east property line and a 63’ strip along the back of the property appears to satisfy both property owners and allows for dimensional compliance of the original parcel. Member Bishop questioned the adherence of the guidelines for this application; he felt that the Jones property would not be made a legal parcel and that it therefore doesn’t meet the guidelines within the LUR. The members read LUR Article XIII, Subsection (10)(A) for a definition of a Lot Line Adjustment and were in agreement that the proposal should be processed as a lot line adjustment because: ~ the parcels are adjacent; ~ the land taken from one parcel is less than two acres; ~ the land taken must be merged to the adjacent property; ~ the realignment does not create a new lot; ~ does not create a non-conforming parcel; ~ and it does not increase the degree of nonconformity. Some debate ensued regarding the Jones property being non-conforming because it’s less than an acre and does not have 200’ of frontage as is required for a legal building lot in Sterling. The Jones’s property will actually become more conforming due to the additional square footage gained but will not be conforming after the merge, and is not required to be so as long as there is no increase in its degree of nonconformity. The Board supplied the applicant with an application and invited them back to the August 2nd meeting for a preliminary review if they have a completed survey map. Kimberly Duffy – Sketch Plan Conference – Minor Subdivision Kimberly Duffy approached the Board for direction in pursuing a minor subdivision of property located on Old State Road in Sterling. The property is 28 acres and she ---PAGE BREAK--- would like to subdivide a 3 acre parcel containing the house and buildings with 200’ of road frontage (355’ of remaining road frontage for original parcel). She submitted a completed application with a SEQR short EAF, in which the Board assisted the completion of the paperwork while reviewing Part 1 aloud. The clerk will run the property through the DEC Mapper website to verify the information obtained in Part 1. The applicant was invited back to the next meeting in August or September for a preliminary review when she has a surveyed map. Further discussion of the property owners yielded a need for copies of POA for Robert Duffy and a notarized letter allowing the subdivision from Jodi Sheldon. Comprehensive Plan The Board members received copies of the Fair Haven Planning Board’s Final Draft of revisions to update the Fair Haven section of the Comprehensive Plan. LUR Amendment The paperwork submitted to the Town Board regarding the addition of storage buildings on vacant land was found to be incorrect and the matter was tabled by the Town Board. The paperwork will be corrected by PB Members Allen and Ouellette with assistance from TB Councilor Joan Kelley, and then supplied to clerk Lisa Somers to incorporate into new package submission to Town Board. The clerk also informed the Members that a discussion with Supervisor June Smith and consultation with Attorney Kevin Cox regarding the required SEQR and 239Review concluded with the PB completing SEQR Part 1 and assistance in compiling submission package for Cayuga County 239Review Committee. The permitting Board, in this case is the Town Board, is responsible for completing Parts 2 and 3 of the SEQR and submitting the 239Review request. MINUTES A motion to approve meeting minutes for June 7, 2018 was moved by Member Bishop and seconded by Member Allen. All were in favor without further discussion and the motion passed. ADJOURN On a motion by Member Bishop and seconded by Member Allen, the meeting was adjourned at 9:17 pm. Approved Minutes, Respectfully submitted, Lisa Somers Planning Board Clerk