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TOWN OF STERLING PLANNING BOARD MEETING December 5, 2016 A regular meeting of the Town of Sterling Planning Board was held on Monday December 5, 2016 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 Scott Crawford ~ Member Also Present: Constable Rob Carlson, Town Attorney Kevin Cox, Steve Keeling, Jeff Couperus, Christopher Ferlito with Attorney Kimberly Steele, Virginia Fichera, Robin Allinger, Joan Kelley, Jeff Couperus, Greg King, Deborah Messina, Allyson Malo, Carol Corwin, David Gray, Bonnie Gainey, betty and Norbert Maute, George Allen, Carolyn Waterman, Mireille Watts, Leslie Dale Park, Joe Husner and Charlie Irwin. Chairman Ouellette called the meeting to order at 7:01 pm. PUBLIC HEARING Christopher J. Construction Chairman Ouellette read the Public Hearing notice into the record and reopened all previous Hearings at 7:04 pm. Notice is hereby given that the Planning Board of the Town of Sterling will hold a Public aHearing on Monday December 5, 2016 at 7:00 p.m. at the Sterling Town Hall, 1290 State Route 104A, Sterling, NY 13156. An Application filed by Christopher Ferlito of Christopher J. Construction LLC for a Special Use Permit with Site Plan Review and SEQR 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 asked the applicant, CJ Ferlito, to explain the process he has undergone to the audience present at tonight’s meeting. He briefly explained that he had applied for a Special Use Permit to operate a sand and gravel mine nearly two years ago and since then has received a DEC Mining Permit as well as received a Negative Declaration for a coordinated SEQR review. His attorney, Kim Steele added that many government agencies have reviewed the project such as the Army Corp of Engineers, the EPA, Cayuga County Planning, NYS DOT, Cayuga County Soil & Water and the NYS Historical Preservation Office. The project documents were also scrutinized by an Article 78 Proceeding filed by residents of the Town in which a Judge found the findings of the DEC, in regards to the SEQR, were objective and not arbitrary or capricious. Additionally, the actions of the Sterling ZBA in regards to variance requests were also found to be substantially supported by the state statutes prescribed. Member Sue Allen asked if they would further explain the DEC process to convey the extent of investigation applied to this project. Ms. Steele stated that the DEC extended the time period for the SEQR review to ensure that the many questions received from residents as well as involved agencies were answered - a 15 page report containing every question with an answer was made available with the SEQR Determination’s Negative Declaration paperwork. A schedule for repeated test borings was also stipulated in the DEC Mining Permit which is not a normal condition imposed on other mining operations. She also stated that a traffic study had been contracted by the Town of Sterling and paid for by Mr.Ferlito via an escrow account which had favorable conclusions for the Special Use application. Member Vern Bishop commented that he had driven the roads around the proposed site and had taken photos to clarify for ---PAGE BREAK--- himself the road width and built up shoulders, sight distances, the location of the ingress/egress, and the speed of a vehicle in relation to the length of road available. He confirmed with CJ Ferlito that the access point for the mine is where currently a metal fence exists in a cluster of pine trees. Member Susan Lemon requested a description from Mr. Ferlito and his attorney as to how this project is good for the Town which is the first general requirement to substantiate in granting a Special Use Permit in accordance with the LUR. They replied that the areas to be mined are phased with reclamation plans attached and secured with a bond that will enhance the property by returning it to a rural property with grasses, trees and wildlife once the mining is completed. The previous usage of the land was not regulated and was not reclaimed instead leaving evident scarring of the land – the currently required process is therefore safer and better for the Town. The project is also beneficial to the Town because of the availability of gravel at a lower cost to both municipalities and residents to be utilized in road repairs and road construction, and the residential building of homes, garages and barns – all of which would be at a lower cost because of the close proximity of product. A savings by the Town that would be passed on to the taxpayer through lower costs incurred. The mine would employ approximately 8 people and could contribute to the employment of others by stimulating local building projects. Member Scott Crawford asked if the Onondaga Lake project, that has been completed, was the only contract of that size being contemplated by Mr. Ferlito. He replied that it had been a ‘once in a lifetime’ kind of project that he did not foresee happening again in the near future, he added that the estimate of 10 trucks per hour everyday is now inaccurate and would more likely be a sporadic business at best. The Board members had no other questions at this time. Chairman June Ouellette read aloud the recently adopted ‘Rules of Conduct and Decorum’ for meetings of the Sterling Planning Board and opened the Public Hearing for comments at 7:16 pm. The sign-in sheet was used as a roll call for residents wishing to comment as follows: Virginia Fichera – Read aloud a prepared statement which she supplied a copy of to the Board members. She restated all of her objections to the project because of her belief for potential environmental damage, traffic safety issues and decreasing property values. Ms. Fichera also supplied 9 pages of a signed petition opposing the approval of the mining permit – clerk will add it to the project file. Joan Kelley – Previous Town of Sterling Supervisor and a 5th generation resident. She stated that she had attended many of the meetings and has watched the Planning Board scrutinize the presented documents and opinions and knows that their actions have not been arbitrary or capricious. She further stated that she supports the Planning Board members and the decision that they will make. Paul Kelley – Mr. Kelley was not able to be present but with permission from the Board his wife, Joan Kelley, read aloud a letter he had written in support of the mine. Paul Kelley has been a resident of Sterling for more than 50 years, a contractor for 20 years, site manager affiliated with the Renaissance Festival for 20 years and the Sterling Highway Supervisor for 6 years – his main point was that gravel is a key ingredient in all of the activities he has participated in. Gravel and sand are required for infrastructure development, construction and/or repair, roads, bridges, parking lots, residential construction, driveways and winter snow plowing. The Town will save money by having a nearby location for these materials which will then save the taxpayer – he undeniably supports this viable business for the Town of Sterling. Robin Allinger – Resides across the road from the proposed mine at 13177 Sanford Road. Stated that Mr. Ferlito tries to make it sound like a small business operation ---PAGE BREAK--- but at 10 trucks an hour it’s not. Mr. Ferlito may only have a few trucks himself but what about the subcontractors that he will inevitably work with like Ricelli who is known for noncompliance in many of the surrounding Towns. She strongly urged the Board to consider conditions to control all activity. Jeff Couperus – Neighboring property owner that read a letter objecting the issuance of a Special Use permit because he feels that the applicant will not abide by the conditions imposed by the Town because his past record already reflects violations of stipulated use conditions by the ZBA and Planning Board. He also asked the Board to review all of the concerns presented by the neighbors when deliberating their final vote. Jeff King – no comment. Debra Messina – no comment. Allyson Malo – no comment. Carol Corwin – Asked if Mr. Ferlito could explain what the Army Corp. of Engineers had done at the project site and what stipulations were in place to protect the environment. He explained that he along with members of the Army Corp, DEC, Soil & Water and Chairman Ouellette had walked the site and reviewed the mining plan. The Army Corp had recommended that the Life of Mine boundary be moved at the southeast corner from the bottom of the hill to the top of the hill to further ensure that no erosion of material would end up in the Sterling Creek, which is approximately 300’ away. The mining plan allows mining to within 5’ of the water table which will be determined yearly by the DEC. He added that he has a 5 year permit from the DEC, which he received a year ago, and he will have to reapply at the conclusion of this permit which also has a reclamation bond attached that has to be completed before moving to the next phase. His attorney, Kim Steele, explained the results of the Article 78 proceeding which resulted favorably for the DEC’s SEQR review because they found no issues regarding plants and wildlife. Ms. Corwin asked what happens if a problem arises? Chairman Ouellette answered that the DEC regulates their permit with spot inspections as well as schedules for boring tests and water level determination. Member Vern Bishop added that the Sterling Code Enforcement Officer (CEO) is responsible to enforce the permit conditions set by the Planning Board, if approved, and will have the authority to investigate neighbor complaints, issue stop work orders and if necessary recommend that the Town Board pull the Special Permit and shut down the operation if necessary 10.)Steve Keeling – Town Board member and previous owner of the mine property spoke in favor of the mine receiving the special permit. He stated that the mine would bring business to the local gas station and diner located near the intersection of Routes 104 and 38. 11.)David Gray – From the Town of Volney. He stated that his observations of previous mining operations are that they leave terrible scars on the land, which you can easily see if you travel through Volney. He added that the justification of mining is usually monetary driven. 12.)Bonnie Gainey – No comment. 13.)Norbert Maute – Asked how many acres and how deep the mine is? Mr. Ferlito replied that the approved Life of Mine by the DEC is 35 acres but he’s only seeking approval from the Town for two phases totaling 13 acres. The original mined area is 40’ deep and is at the 5’ above water table requirement. He also stated that the 3 I P a g e ---PAGE BREAK--- Ricelli mining operation on State Route 3 is a huge processing operation that has nothing to do with the operation of the Sanford Road mine. Mr. Maute replied that if a special permit is approved by the planning board then it’s attached to the property and not the owner therefore if Mr. Ferlito sells the mine to Ricelli the same conditions would apply. 14.)George Allen – A neighboring property owner stated that Mr. Ferlito could have all the rocks on his property. He also said that he’s familiar with the DEC SEQR process and that it is a large hurdle to overcome, the fact that Mr. Ferlito received a negative declaration is an accomplishment and he is therefore in favor of the special permit. He also added that 13 acres is a small footprint for the size of this Town. 15.)Carolyn Waterman – Her question was for the applicant to address how this project is in the best interest of the Town, which Member Susan Lemon already asked. 16.)Mirielle Watts – Owns an adjacent parcel and had planned on building a house someday but not if the special permit is approved. She strongly urged the Board to place heavy restrictions on the usage of the mine by reducing the number of hours of operation and by reducing the amount of loads per day. She felt that the restrictions were important in case he sells the mine. Member Susan Lemon asked Ms. Watts what number of loads she felt would be appropriate – she didn’t have an answer, nor did the other neighbors asked. Ms. Watts also stated that Mr. Ferlito would be receiving an IRS deduction for a percentage of his mineral depletion every year. Member Sue Allen asked the attorney if the Board could limit the number of trucks or was that affecting the applicant’s business and therefore not allowed because it could be justifiably appealed. The attorney agreed and read aloud from the LUR the areas the Board could impose conditions, which Member Susan Lemon disagreed with saying that the LUR also states that conditions are not limited to only the list read aloud. 17.)Leslie – A property owner adjacent to the CNY Scrap business located further west on State Route 104 stated that calling the Town CEO or NYS DEC with complaints does nothing – neither entity responds with anything other than they are allowed to conduct business within the parameters of their permit. She also stated that the mine will devalue the neighboring properties. 18.)Mr. – Began stating negative comments about the Town Sterling and the CEO – he was stopped because the ‘Rules of Conduct’ state that audience members should observe decorum and slanderous comments are not tolerated. 19.)Dale Park – Commented that Mr. Ferlito had stated that he would have subcontractors buying product from him and that Ricelli would be one of them. Ricelli’s trucks can be seen flying through Fulton every day - they have impacted the condition of the roads as well as created safety issues for traffic, he was not in favor of issuing the special permit. 20.)Joe Husner – Concerned about the impact on Sterling Creek because it is an important breeding ground for trout and salmon – a large draw for the area as well as a huge money maker. Attorney Steele stated that the SEQR review was extensive and included water quality, fish and other wildlife. Attorney Kevin Cox added that he could view the DEC documents by submitting FOIL paperwork to the Town, he later spoke with Mr. Husner again about the process and the contents of the negative declaration from May 2015 as well as the follow-up questions with responses report dated September 2015. Member Sue Allen also commented that the Sterling Creek ---PAGE BREAK--- had been considered by all agencies reviewing the project and that the Cayuga County Soil & Water along with the Army Corp of Engineers had requested that the Life of Mine boundary be moved to the top of the hill versus the bottom location to control possible erosion down the bank. 21.)Virginia Fichera – Began speaking of the geologist’s report by Dr. Young that she had supplied to the Board and the ramifications it contained concerning water. She was stopped by attorney Kevin Cox because she had already spoken - the ‘Rules of Conduct’ allow for 3 minutes per person and any additional comments can be submitted in written form. 22.)Charlie Irwin – Resident on Onionville Road near a gravel pit that was used locally for over 40 years. He stated that this was his first meeting he had attended and although he didn’t know all the particulars of this mine he could say that the mine next to him had impacted the water quantity near him. Member Vern Bishop stated that he had driven by the project site recently and spoken with a neighbor who was not in attendance at this meeting to make comments – Member Bishop wanted this fact in the record. With no further comments from the public, a motion to close the Public Hearing at 8:10 pm was moved by Member Bishop and seconded by Member Allen, all were in favor without further discussion and the motion carried. Chairman Ouellette stated that the Board was not going to vote on the application this evening on advice from the Town attorney Kevin Cox, but would vote at their next meeting once the attorney was able to provide written resolutions for both approval and denial inclusive of the many issues discussed by the Board Members, audience and other agencies involved in the review of this project. According to State law the Board has 62 days after the close of the public hearing to make its decision and will utilize this time to ensure all pertinent information is included. Board member Susan Lemon announced that although her resignation was final as of December 6, 2016 she would extend her term to the end of this year, December 31, 2016, in order to be active in the vote for this application. The Board was appreciative of her actions and suggested that they hold a special meeting for the vote since the next regular meeting is scheduled for January 2, 2017 and past Member Lemon’s last day. A special meeting will be held on Thursday December 29, 2016 at 7:00 pm, the clerk will advertise the meeting. Member Vern Bishop asked the attorney if the Board can base a decision of disapproval on the allegations of the applicant not adhering to stipulations already discussed, the attorney replied that speculation can’t be a supportable reason to deny. Member Scott Crawford asked Mr. Ferlito if he had general liability insurance that would cover accidents and such as most businesses carry – he replied that he did. BUSINESS George Allen – Sketch Plan Conference for Minor Subdivision George Allen approached the Planning Board with a sketch of a parcel owned by a neighbor on McFarland Road that he is helping to subdivide. The owner would like to create two parcels, one of which would be merged with the lot next to it, and the other would become a single parcel. The Board members asked if the property had any restrictions or covenants attached because of the lot location being near or included in a previous subdivision that created many large lots. Mr. Allen replied he was unaware of any but could provide a deed of the property for the Board’s review. The remaining lot to be formed does not comply with the dimensional requirements of the length to width ratio and would require a variance to proceed. Mr. Allen 5 I P a g e ---PAGE BREAK--- will discuss the Board’s comments with the owner and contact the clerk with their decision on how to proceed. Erie Enterprises LLC – Case Marshall The Board members received copies of a Special Use Permit application from Mr. Marshall regarding the Pit Stop Convenience Store to extend the permit that the store is located on to the adjoining property acquired to install aboveground petroleum storage tanks as recommended by the DEC. The clerk will contact the owner to appear at the January 2nd meeting and instruct him to bring large scale maps that show entire properties involved in application. MINUTES A motion to waive the approval of meeting minutes for November 7, 2016 until the January 2, 2017 meeting was moved by Member Allen and seconded by Member Bishop. All were in favor without further discussion and the motion passed. ADJOURN On a motion by Member Allen and seconded by Member Bishop, the meeting was adjourned at 8:36 pm. Chairman Ouellette made a statement that the building needed to be cleared in 15 minutes. Approved Minutes, Respectfully submitted, Lisa Somers Planning Board Clerk