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TOWN OF STERLING PLANNING BOARD MEETING December 7, 2017 A regular meeting of the Town of Sterling Planning Board was held on Thursday December 7, 2017 at the Sterling Town Hall at 7:00 pm with the following members present: June Ouellette ~ Chairman Sue Allen ~ Member Paul Kelley ~ Member Excused: Members Vernon Bishop and Scott Crawford. Also Present: Attorney Salvatore Lanza, Richard Fox, Alex Stevens, Joan Kelley, Luke & Tammy Sherman, Gisela Schneider, Andrea and Hal Hanlon, Eric Kyle and Peter VanWaes . The meeting was called to order at 7:00 pm by Chairman Ouellette. She proceeded to read aloud the three legal notices for the Public Hearings scheduled and stated that all three Hearings were opened at 7:00 pm. PUBLIC HEARING Anthony Martin Chairman Ouellette read aloud the legal notice and opened the Hearing at 7:00 pm. Notice is hereby given that the Planning Board of the Town of Sterling will hold a Public Hearing on Thursday December 7, 2017 at 7:00 PM at the Sterling Town Hall, 1290 State Route 104A, Sterling, NY 13156. An Application for the Review of Subdivision by Anthony Martin will be heard regarding the Minor Subdivision/Lot Line Adjustment of property located on State Route 104A, Sterling, NY 13156; Tax Map # 7.00-2-20.111. 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 Salvatore Lanza provided the required mylar and 5 paper copies of the map that had been reviewed against the checklist at the November meeting and deemed complete with a waiver of required elements for a lot line adjustment subdivision. He proceeded to explain to the audience the history of the Maroney Estate and purchase thereof by Anthony Martin and concluded with the various encroachments being settled, of which tonight’s application is one. The attorney’s office had also supplied for the project file a notarized letter from Anthony Martin’s attorney, Earl Thurston, allowing Attorney Lanza to represent the Martin subdivision request. The short form EAF Parts I, II and II were completed aloud by the Board Members. Corrections to any of the questions were completed and initialed by the applicant. The DEC’s EAF Mapper summary report indicated that wetlands, archaeological sites and 100 year flood plain questions were affirmative; support documentation in the project file illustrates that the property is only in the vicinity of wetlands and the 100 year flood plain and not within them. There were no records of archaeological documentation for the area found when accessing the DEC Resource Mapper site. The Board made a determination that the project of subdivision would have no negative effect on the surrounding neighborhood. At this time the Hearing was opened to the public for comments – there were none. On a motion by Member Kelley that was seconded by Member Allen, the Hearing was closed at 7:42 pm. Without further discussion by the Board, a motion to approve the Martin Subdivision/Lot Line Adjustment request was ---PAGE BREAK--- moved by Member Kelley and seconded by Member Allen, all were in favor and the motion carried. Resolution 2017-10 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 Anthony Martin and located on State Route 104A, Sterling, NY 13156; Tax Map #7.00-2-20.111 is hereby GRANTED upon the following express conditions: 1. File map with Cayuga County Real Property Office within 62 days. 2. New parcel to be merged with adjacent parcel # 7.00-2-19; owner Richard Fox. Roll call vote was taken: Chairman Ouellette Aye Member Allen Aye Member Bishop Absent Member Kelley Aye Member Crawford Absent 3 AYES 0 NAYES 0 ABSTENTIONS – APPROVED PUBLIC HEARING Gisela Schneider Chairman Ouellette read aloud the legal notice and opened the Hearing at 7:00 pm. Notice is hereby given that the Planning Board of the Town of Sterling will hold a Public Hearing on Thursday December 7, 2017 at 7:00 PM at the Sterling Town Hall, 1290 State Route 104A, Sterling, NY 13156. An Application for the Review of Subdivision by Gisela Schneider will be heard regarding the Minor Subdivision/Lot Line Adjustment of property located at 1253 State Route 104A, Sterling, NY 13156; Tax Map # 10.00-1-56.2. 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 The applicant, Gisela Schneider, submitted the required mylar and 5 paper copies of the ‘Final’ survey map which had been reviewed against the checklist at the November meeting and found to be complete. Mrs. Schneider explained that she was giving her neighbors, Luke & Tammy Sherman, an acre of property containing woods and field directly behind their current residence. A check was also submitted for the processing fee which the clerk will process thru the Town Clerk. The short form EAF Parts I , II and III were completed aloud by the Board Members. Corrections to any of the questions were completed and initialed by the applicant. The DEC’s EAF Mapper summary report indicated that wetlands and archaeological sites questions were affirmative; support documentation in the project file illustrates that the rear of the 65 acre parcel has wetlands and a check zone area. There were no records of archaeological documentation for the area found when accessing the DEC Resource Mapper site. A determination was made by the Board that the proposed project would not have any adverse environmental effects on the surrounding neighborhood. At this time the Hearing was opened to public comments – there were none. On a motion by Member Kelley that was seconded by Member Allen, the Hearing was closed at 7:42 pm. Without further discussion by the Board, a motion to approve the Schneider ---PAGE BREAK--- Subdivision/Lot Line Adjustment request was moved by Member Allen and seconded by Member Kelley, all were in favor and the motion carried. Resolution 2017-11 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 located at 1253 State Route 104A, Sterling, NY 13156; Tax Map #10.00-1-56.2 is hereby GRANTED upon the following express conditions: 1. File with Cayuga County Real Property Office within 62 days. 2. New parcel to be merged with adjacent parcel # 10.03-1-18; owners Luke & Tammy Sherman. Roll call vote was taken: Chairman Ouellette Aye Member Allen Aye Member Bishop Absent Member Kelley Aye Member Crawford Absent 3 AYES 0 NAYES 0 ABSTENTIONS – APPROVED PUBLIC HEARING Alexander Stevens Chairman Ouellette read aloud the legal notice and opened the Hearing at 7:00 pm. Notice is hereby given that the Planning Board of the Town of Sterling will hold a Public Hearing on Thursday December 7, 2017 at 7:00 PM at the Sterling Town Hall, 1290 State Route 104A, Sterling, NY 13156. An Application for the Review of Subdivision by Alexander Stevens will be heard regarding the Minor Subdivision of property located on Sterling Station Road, Sterling, NY 13156; Tax Map # 19.00-1-8.122. 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 Father of the applicant, Richard Stevens, presented a notarized letter from his son authorizing him to represent the application request in Alex Steven’s absence. Mr. Stevens stated for the audience present that his son was subdividing a 5 acre parcel with 411’ of road frontage on Wright Road south of the intersection with Sterling Station Road. He also said that his son plans to sell the property to a friend to build a residence on. The Hearing was opened to the public for comments at this time. The adjacent property owner to the south, Jeff Sherman, approached the Board and reviewed the map. He stated that he was a gun enthusiast and inquired if that would be a problem for the new owners of the subdivided parcel. Mr. Steven’s stated that he didn’t think that it would be an issue because the new owner also shoots and hunts. The Board Members read aloud Parts I, II and III of the short form EAF for SEQR and determined that the project would have no adverse environmental effects on the surrounding neighborhood. The EAF Mapper Summary report indicated that State regulated wetlands were present in this area; a map contained in the project file illustrates that the wetlands and associated check zone are to the east of this property. On a motion by Member Kelley that was seconded by MemberAllen, the Hearing was closed at 7:42 pm. Without further discussion by the Board, a motion to approve the Stevens subdivision request was moved by Member Kelley and seconded by Member Allen, all were in favor and the motion carried. Resolution 2017-12 ---PAGE BREAK--- 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 located on Sterling Station Road, Sterling, NY 13156; Tax Map #19.00-1-8.122 is hereby GRANTED upon the following express conditions: NONE but to be filed with Cayuga County within 62 days. Roll call vote was taken: Chairman Ouellette Aye Member Allen Aye Member Bishop Absent Member Kelley Aye Member Crawford Absent 3 AYES 0 NAYES 0 ABSTENTIONS – APPROVED BUSINESS Andrea Hanlon & Eric P. Kyle Preliminary Meeting - Minor Subdivision – 1865 Maroney Road, Sterling; Tax map#7.00-2-9 Andrea Hanlon approached the Board with her husband and brother, Hal Hanlon and Eric Kyle, to present a survey map for a subdivision/lot line adjustment of property owned by Anthony Martin. The resultant 0.23 acre parcel will be merged with their parents property to the west of the Martin property and provide a buffer between Mr. Martin’s farming activity and the Kyle residence septic leach field. The Sterling Town Assessor had been consulted regarding a request by the applicant to keep separate deeds on the new parcel and the existing parcel owned by the parents. The merge requirement of the subdivision/lot line adjustment process will not be affected by having separate deeds for the parcels to be joined. The Board reviewed the map against the required elements checklist and found it to be complete, needing only the word ‘Final’ added. The clerk will verify the adjacent parcel information and notify the surveyor if any changes are needed. After some discussion, it was decided that a waiver for required map elements was unnecessary for this application because the boundary map section of the survey was drawn to the appropriate 1”=100’ scale. The accompanying area map section illustrates the entirety of the Martin farm at an appropriately sized 1”=400’ scale, also inclusive of adjacent land owner information. A completed application with SEQR EAF forms and check payment for processing fee was received from the applicant; a Public Hearing was scheduled for January 4, 2018. The applicants were informed that they would need a notarized letter from property owner Anthony Martin authorizing them to pursue a subdivision/lot line adjustment of his property as has been presented. Zoning Commission The Board members had received copies of Zoning Commission minutes for 10/25/17 which details proposed amendments made to the LUR to include the allowable use of storage structures on vacant land. Zoning Commissioner, Joan Kelley, had asked for the Planning Board to review the changes before they are submitted back to the 239 Review Committee and Town Board. The Cayuga County 239Review Committee had asked for modifications which the Zoning Commission addressed as follows: 1. Create a new category for the Land Usage Table called “MISCELLANEOUS USES”. ---PAGE BREAK--- 2. Remove #72 ‘Storage Structure limited to garage, shed, pole barn design (non-commercial or non-industrial) on Vacant Land’ from “ACCESSORY USES” and place under “MISCELLANEOUS USES”. 3. In the Land Use Table indicate that its permitted in the 3 districts (W,H, A/R) with SC – Special Conditions. The reference to the SC is Article IX Subsection 3K and Site Plan is required – shown with an X in the table. 4. Add under Special Conditions, under Article IX, 9-3: K. Storage Buildings 1. Is limited to garage, shed, pole barn design (non-commercial or non-industrial) on Vacant Land. 2. Must meet minimum lot size and set back requirements per “Lot Dimension Requirements” table 1. 3. Limit to ONE storage building per lot. 4. Electricity and plumbing are allowable uses. 5. Add the definition of “Storage Building” in the LUR under Article I-4, under “Building” to read: Storage Building: A structure used ONLY for the shelter or storage of property (non-commercial or non-industrial) on Vacant Land. A motion was moved by Chairman Ouellette to accept the proposed changes made to the LUR by the Zoning Commission in regards to the allowable use of storage structures on vacant land. The motion was seconded by Member Allen, all were in favor and the motion carried. Comprehensive Plan Member Sue Allen and Zoning Commissioner Joan Kelley have been attending the Fair Haven meetings regarding the joint review of the Goals& Strategies section of the Comprehensive Plan for both the Town of Sterling & Village of Fair Haven. The information shared of the Sterling Planning Board’s review work was well received and helpful in relaying a cooperative effort. Training Chairman Ouellette attended a training session offered by Cayuga County Planning regarding development models for zoning laws to include ‘cluster’ developments. Copy of power point presentation to be filed in Planning office files. MINUTES A motion to approve meeting minutes for November 2, 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 Chairman Ouellette, the meeting was adjourned at 8:55 pm. Approved Minutes, Respectfully submitted, Lisa Somers, Planning Board Clerk