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TOWN OF STERLING PLANNING BOARD MEETING November 2, 2015 A regularly scheduled meeting of the Town of Sterling Planning Board was held on Monday November 2, 2015 at the Sterling Town Hall at 7:00 pm with the following members present: June Ouellette ~ Chairman Sue Allen ~ Member Vernon Bishop ~ Member Susan Lemon ~ Member Absent: Member Grover Horn Also Present : Christopher Ferlito and Attorney Kimberly Steele, Virginia Fichera, Steve Keeling, Brian Soper , Robin Allinger, Mireille Watts, Kristy Smith and Mrs. Goodsell, Delores Welsh, Dale Ritchie, Carolyn Waterman, Jeff Couperus, Della Jastrzab, Bryce Dates and Donna Shortslef. Chairman Ouellette called the meeting to order at 7:03 pm. PUBLIC HEARING Andy & Kristy Smith for Minor Subdivision of Ronald Goodsell property – 14088 State Route 38 (#13.00-1-51) Chairman Ouellette read the notice into the record and opened the Hearing at 7:04 pm. Notice is hereby given that the Planning Board of the Town of Sterling will hold a Public Hearing on Monday November 2, 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 Andrew Smith will be heard regarding the Minor Subdivision of property owned by the Ronald Goodsell and located at 14088 State Route 38, Sterling, NY 13156; Tax Map # 13.00-1-51. 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 Kristy Smith approached the Board in lieu of her husband, Andy Smith, to present the survey maps of the proposed subdivision of the Goodsell property. The applicants plan to build a home on a large parcel they own along Martville Road in the Hannibal school district. The purchase of the subdivided parcel of Goodsell’s is to retain choice to attend the Red Creek schools where the children have been going for years. The only change that was needed to the map and completed was adding Final to the title block. The Hearing was opened to public comments – there were none. The Board Members reviewed the SEQR documents aloud and felt that two answers needed to be changed – question #2 should be no because the action doesn’t require additional approval, and #9 should be no because the action does not exceed energy codes. The project was determined to have a negative declaration meaning no adverse environmental impacts expected from the action. With no further discussion from the audience or the Board the Hearing was closed at 7:24 pm on a motion moved by Member Lemon and seconded by Member Allen. A motion was moved by Member Lemon to accept the Goodsell subdivision for Andy Smith as proposed and submitted. The motion was seconded by Member Bishop, all were in favor without further discussion and the motion passed. Resolution 2015-14 ---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 by Andrew Smith for property owned by Ronald Goodsell and located at 14088 State Route 38, Sterling, NY 13156; Tax Map # 13.00-1-51 is hereby GRANTED upon the following express conditions: To be filed with Cayuga County within 62 days. A roll call vote was taken: Chairman Ouellette Aye Member Allen Aye Member Horn Absent Member Bishop Aye Member Lemon Aye 4 Ayes, 0 Nays, and 0 Abstentions - APPROVED PUBLIC HEARING Christopher Ferlito – Site Plan Review - 13181 Sanford Road, Martville (#20.00-1-68.1) Chairman Ouellette read the notice into the record and opened the Hearing at 7:30 pm. Notice is hereby given that the Planning Board of the Town of Sterling will hold a Public Hearing on Monday November 2, 2015 at 7:00 p.m. at the Sterling Town Hall, 1290 State Route 104A, Sterling, NY 13156. A Review of Site Plan for Christopher Ferlito of Christopher J. Construction LLC will be heard regarding the proposed operation of a sand and gravel mine on property located at 13181 Sanford Road, Martville, NY 13111; Tax Map # 20.00-1-68.01. 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 highlighted changes to the site plan design made by Christopher Ferlito since the initial application submission as follows: ~ Changed egress/ingress from a two driveway system to a single access road. ~ Changed phasing to remain 1,000 feet from surrounding structures, mining plan map dated July 15, 2015 has overlay of 1,000’ radii. ~ Revised original narrative with 2 page update dated July 15, 2015. ~ Provided 4 project maps reflecting all changes dated July 28, 2015. Christopher Ferlito was in agreement that the project documents provided to the Town show compliance with the LUR, as well as with requests by the Planning Board. Mr. Ferlito also commented on the water contamination claims made by Granby residents regarding a mine not owned by him, and that he had supplied the Board members with a Health Department water test (supplied by DEC) that contradicts the previous statements. Attorney Kimberly Steele presented a letter dated 11/2/15 that provides a summary through bullet pointing issues and supporting references of DEC, LUR and resident concerns. The Planning Board began discussion with a need for traffic study results to determine site plan adherence therefore the Hearing will probably not conclude tonight, but be held open to allow the admission of related documents. The 38/104 intersection needs clarification before the engineer begins study – is it the connector road or Town Barn Road between 38 and 104. Member Bishop clarified that the site plan review was required by the LUR checklist as a part of Special Use Permit application and that the State Law based process includes a Public Hearing for site plan review and approval. Some discussion between Members Allen and Lemon ensued regarding the narrative dated April 2015 and the updates needed to the text. They felt that the 2 pages dated ---PAGE BREAK--- July 15th should be interspersed throughout the original narrative to provide clarification of what is updated. They wanted references to mining occurring in phases 3 and 4, which were within 1,000’ of structures and not allowed, to be removed completely. A surveyed map used during the ZBA process which identifies the neighboring structures and locates several 1,000’ radius arcs for delineating the areas compliant with the LUR from the DEC approved phases was reviewed by the Board. The applicant and his attorney commented that they could not change the original narrative because the DEC had already approved it and any change would induce the process to begin again through the DEC. The attorney also said that an addendum to the narrative for purposes of the Sterling Town approval could be made available. Member Allen had a question regarding ‘tandem dump trucks’ as equipment to be used following the Potential Noise exposure table of the project narrative. Chairman Ouellette questioned what a ‘saddle point’ was as named on the southwest corner of the Life of Mine area on Reclamation Plan map. Attorney Steele answered that she believed it was an area that if undermined would drain the mining floor, she added that she would verify the information. Member Lemon questioned the traffic section of the narrative wondering why trucks had to leave only to the south – it seems safer to go north than the convoluted designated path, and how do you control the trucks leaving? The trucks leaving to the south was a request of the Planning Board initially when there were two driveways to separate ingress/egress – sight distances with driveways and elimination of congestion of truck traffic at one point by splitting direction of flow were part of decision. Signage by the applicant as well as verbal notification to patrons of the mine is how the applicant plans to control exiting trucks. The Board members reviewed the site plan against the site plan checklist on page 55 and the review list on page 56 of the LUR as follows: ~ a. b. c. d. Four maps dated July 28, 2015 titled as – Mining Plan Map, Storm Water Control Plan Interim Condition, Reclamation Plan Map and Final Condition map; applicant and geologist information, north arrow, scale, date, location of watercourses found to be acceptable on all 4 maps. The phasing that Sterling is allowing (1A, 1B, 2, and small section of 3 and 4) needs to be emphasized on the maps by outlining or shading. ~ e. narrative dated needs addendum of new phasing and other updated information to match project narrative. ~ f. Maps adequately show surface drainage directions, contours and elevations. ~ g. no proposed buildings therefore not applicable. ~ h. The ingress/egress is located on map as access road and in accordance with Planning Board and ZBA requirements. Life of Mine area covered under the DEC permit. ~ i. j. k. l. m. n. o. Not applicable to project design. No petro stored on site, portable johns to be used in lieu of on site septic and water systems, no electric service utilized at site – a portable generator to be used for pumping water from existing well as needed for dust abatement. ~ p. Signage for direction of traffic, speed, or other is at the discretion and authority of NYSDOT. ~ q. Maps provide information of buffer areas such as wooded area along roadway, tree plantation, woods and re-vegetated grasses. ---PAGE BREAK--- ~ r. s. Not applicable to this project. ~ t. Reclamation map and sections included in narrative of reclamation method, schedule and re-vegetation found to be acceptable. ~ u. Item intended for building construction therefore not applicable, but the DEC permit for phase 1A is for 5 years which can be renewed if not depleted or reclaimed if phase is finished. ~ v. SEQR information has been supplied with application, Negative Declaration by DEC as Lead Agency, DEC permit issued and DEC comment/responses. ~ w. x. The Planning Board has copies of required State , County and local permits, recommendations and approvals necessary for project in project file. (DEC mining permit, Cayuga County Planning 239 Report and Sterling ZBA Variances) ~ y. Other elements considered necessary by PB – The members agreed that a traffic study of 4 intersections needed to be performed. Member Lemon felt that more geologic information and especially hydrologic information was needed to better answer concerns of the residents in regards to their drinking water. Attorney Steele answered that the DEC states in several areas that there is no expected adverse impact to local water quantity and quality. Member Bishop summarized that the Board has to decide to trust the DEC reports or pursue further investigation. Member Lemon agreed to contact DEC John Clancy or Dave Bimber for follow up questions. Member Bishop would also like existing ground level well head elevation added to the maps. ~ z. Although the applicant has reviewed the Road Preservation Law with Highway Supervisor Brian Soper, the worksheet is completed after a Special Use Permit is granted. The Law evaluates potential of the proposed activity to adversely affect road right-of-ways and has provisions to establish a financial bond to ensure the road conditions remain the same or better. The Board Members Review of Site Plan as listed in the LUR yielded that numbers 1, 3, 4, 6, 8, and 10 are considerations intended for development of buildings or housing developments utilizing parking, new permanent roads, utilities and other improvements and are therefore not applicable to this project. The remaining general considerations were evaluated as follows: 2. The pending traffic analysis has bearing on the assessment of the safety and impact of the traffic circulation generated by this operation. 5. The is designed to eliminate run-off from the project site during the establishment of the protective berms and during the commercial operation of the mine therefore providing adequate storm water retention. 7. Existing trees as well as several hundred planted trees along roadway shall provide adequate visual screening of operation from the neighbors. The natural vegetation and construction of a 7’ high earth berm around the entire perimeter of the life of mine shall also create a visual barrier as well as reduce noise heard by neighboring properties. 11. and 12. The Planning Board has yet to decide on the adoption of the lead agency SEQR findings and/or whether further investigation of environmental impacts and neighborhood safety and welfare is warranted. The Board Members agreed that the Public Hearing for Site Plan Review would remain open to allow further submission of information needed to fulfill requirements of the ---PAGE BREAK--- LUR. The Hearing will resume with discussion at the next scheduled meeting – December 7, 2015 at 7:00 pm. BUSINESS Donna Shortslef – Sketch Plan Conference – Minor Subdivision The applicant explained that she would like to subdivide her mother’s property into 3 parcels to be retained by the family and merged with existing parcels. The Board members reviewed an old survey map and a tax map to determine if the proposed lots were compliant with the dimensional requirements of the LUR. Mrs. Shortslef was supplied with an application and was told to come back with a single map from her surveyor for preliminary approval. Christopher Ferlito – Special Use Permit – 13181 Sanford Road, Martville (#20.00-1- 68.1) The outstanding issues pertaining to the Site Plan Review also apply to the Special Use Permit and the members continued their discussion. Member Lemon had many questions regarding question #4 of the DEC Responses letter feeling that the answers given by the DEC regarding residential wells were unsubstantiated by facts and rather a restating of an opinion. She would like an explanation of what studies or data was utilized specifically in the review of this project which is grouped as a ‘significant collective Department record of past experience’. The DEC Division of Mineral Resources is listed as having performed a technical review with the conclusion that there is no evidence to support an impact to residential water quantity or quality – are those tests available for review? Member Lemon will follow up with John Clancy of the DEC. Member Bishop requested the ground elevation of the existing well be added to the submitted maps, which currently locates it between 378 and 411 feet above sea level. Chairman Ouellette inquired what the land could be used for after reclamation efforts are completed. The applicant and his attorney stated anything that the LUR allows in an AR (agricultural/residential) zoned district. Discussion turned to the traffic study proposals that were received from 3 engineering firms. The Board Members narrowed the field to Creighton Manning and SRF. The proposal from Creighton Manning offered more detail of methodology to be utilized and described a format to present the results and analysis that the Members favored overall. The clerk will notify all 3 firms of the decision, as well as notify Supervisor Randy Lawrence and Attorney Kevin Cox to facilitate contract and accounting. The attorneys have stated that having the Town pay for the studies and be reimbursed afterwards by the applicant would eliminate any perceived conflict of interest but several members feel that the applicant could choose not to pay. A possible condition to an approval could be payment of the traffic study, thus ensuring payment. The Board members requested that the clerk notify the engineer of the correct intersection for the 38/104 study and inquire on the possibility of having completion by the December 7th meeting. The Board plans to continue the review of the Special Use Permit application, which is currently an open Public Hearing, at the December 7th meeting at 7:00 pm. ---PAGE BREAK--- PRIVILEDGE OF THE FLOOR Several residents had comments regarding the proposed sand and gravel mine, they are as follows: Virginia Fichera – Restate all comments for past few months of record. Robin Allinger - Restate all comments for past few months of record. Dale Ritchie - Restate all comments for past few months of record. Delores Welsh – Neighbor at 13138 Sanford Road wanted to know the distance between her house and the driveway because she resides directly to the south of the access road. Mrs. Welsh stated that CJ Ferlito purchased the property knowing that it didn’t meet the conditions of the LUR which should have nullified all proceedings, but the ZBA granting a variance for the access road proximity to structures opened the door to proceed. She wanted to understand the thinking of the ZBA and the weighting of the 5 criteria they used to base their decision upon - did the ‘undesirable change produced or detriment to nearby properties’ get thrown out? She stated that the noise generated by the mining operation, the decrease in their property values and the effect to the wildlife is real and is the price that only the neighbors will pay while a couple people benefit by an approval. Mrs. Welsh also asked what 4 intersections were to be part of the traffic study. In conclusion she said that Sanford Road is a small road with enough businesses in existence and another is not needed. Carolyn Waterman – Asked about the process and what was accomplished tonight. The Site Plan review Public Hearing was opened and the submitted documents for the Special Use Permit application were compared against the requirements of the LUR for Site Plan Review. The Hearing will be left open to accept further documentation to satisfy the Board members questions, which are currently the traffic study results and the DEC SEQR documentation for impacts on residential wells. The Board plans to continue the review with the Public Hearing open at the December 7th meeting. Jeff Couperus – Would like the Board to consider his statements in all of his previous letters when deliberating the approval of the requested Special Use Permit. Also stated that it makes no sense to run a generator to pump water from a well when power is available at the property. Della Jastrazab - Restate all previous comments. Urged the Board to review the emails regarding property value studies and effects of mining operations. Supports the statements of Mr. Couperus 100%. Mireille Watts – Asked if the board had found any other gravel mines that are located on streams or creeks for the purposes of speculating possible impacts. Concerned that we could be creating a lake once the mining is completed like photos of a local mine from a previous meeting. Asked if Mr. Ferlito had purchased more property from the Keeling Estate which could provide another access point for the mine in the future and is in the front yard of the property she owns. Member Bishop ---PAGE BREAK--- commented on the formation of a lake most likely due to mining below the water table which is not the situation of this proposed mine. The final floor elevation of the mine is 378’ above sea level and the Sterling Creek is at 360’ above sea level – a difference of 17’ and an unlikely scenario to access. Bryce Dates - Stated agreement with Member Lemon that further investigation by a hydrologist for impacts to residential wells was needed. Questioned the noise level studies that had been performed – what equipment included, methodology used and resulting decibel levels. MINUTES Meeting minutes for September 14, 2015 were approved with minor corrections by a motion moved by Chairman Ouellette and seconded by Member Allen. All were in favor without further discussion and the motion passed. Meeting minutes for October 5, 2015 were approved with minor corrections by a motion 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 Allen and seconded by Member Lemon, the meeting was adjourned at 9:45 PM. Approved Minutes, Respectfully submitted, Lisa Somers, Planning Board Clerk