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TOWN OF STERLING PLANNING BOARD MEETING June 6, 2016 A regular meeting of the Town of Sterling Planning Board was held on Monday June 6, 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: Ron Buckman, Gene & Claudette Sova, Matthew Mitchell, Virginia Fichera and Carolyn Waterman. Chairman Ouellette called the meeting to order at 7:00 pm. CORRESPONDENCE Towns & Topics New York Planning Federation Training Information PUBLIC HEARINGS Gene Sova – Minor Subdivision Chairman Ouellette read the notice into the record 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 Monday June 6, 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 Gene Sova will be heard regarding the Minor Subdivision of property located at 1226 Fintches Corners Road, Martville, NY 13111; Tax Map # 15.00-1-46.1. 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 Mr. Sova presented a survey map that had been previously preliminarily reviewed and accepted as compliant with the LUR by the Planning Board. He explained that he is selling the house and is creating a 2 acre parcel to be subdivided from the parent parcel which he intends to keep. The Board members had no further questions for Mr. Sova and the Hearing was opened to the public for comments. A neighboring parcel owner, Matthew Mitchell, stated that he had received a copy of the legal notice and questioned the reason for the subdivision. Mr. Sova explained that he and his wife reside in North Rose and are selling this home to make life a little easier yet are retaining the remaining acreage. Board Member Allen read aloud the short EAF required by SEQR and requested Mr. Sova to change 3 of his answers as follows: #3c should be 59.144 acres owned, #9 should be no for state energy code because it doesn’t apply for a subdivision and #14 should remove urban as a current habitat type. The changes were agreed to by the applicant and the file copy was initialed by Gene Sova. On a motion moved by Member Lemon the Public Hearing was closed at 7:45 pm. The motion was seconded by Member Crawford, all were in favor and the motion carried. The Board determined a Negative Declaration for SEQR in that the action would not have adverse environmental impacts on the surrounding properties and neighborhood. Without further discussion a motion was moved by Member Lemon to accept the Sova Minor Subdivision as ---PAGE BREAK--- submitted, the motion was seconded by Member Allen, all were in favor and the motion carried. The applicant submitted several paper copies to be stamped for approval but did not have the required mylar copy and will contact the clerk once they have obtained it from their surveyor. The Sova’s were reminded that the mylar would need to be filed with the Cayuga County Clerk within 62 days otherwise they would need to repeat the process. Resolution 2016-04 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 Gene Sova and located at 1226 Fintches Corners Road, Martville, NY 13111; Tax map # 15.00-1-46.1 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 Aye Member Lemon Aye Member Crawford Aye 5 Ayes, 0 Nays, and 0 Abstentions - APPROVED PUBLIC HEARING Ronald Buckman – Minor Subdivision Chairman Ouellette read the notice into the record 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 Monday June 6, 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 Ronald N. Buckman will be heard regarding the Minor Subdivision of property located at 676 Sterling Station Road, Red Creek, NY 13143; Tax Map # 19.00-1-13.2. 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 Mr. Buckman presented his survey map for a proposed minor subdivision of his property that has frontage along Sterling Station Road and Viele Road. The map had been corrected since the May meeting with property owner information across both roadways as was requested by the Board. The newly created 6.5 acre lot will be sold to neighboring property owner Scott Nash at their request for additional land. Since the acreage exceeds the minimum 2 acre lot size the parcel will not require merging but may be anyways for tax purposes. The Hearing was opened for public comments – there were none. Board Member Bishop read aloud the short EAF required by SEQR and requested Mr. Buckman to change 4 of his answers as follows: #5 should be yes because proposed action is permitted under zoning and is consistent with the Comprehensive Plan, #10 and #11 should be no because the subdivision will not connect to existing water or wastewater utilities, and #14 should add wetland and early mid- successional for current habitat types. The changes were agreed to by the applicant and the file copy was initialed by Ron Buckman. . On a motion moved by Member Lemon the Public Hearing was closed at 7:45 pm. The motion was seconded by Member Crawford, all were in favor and the motion carried. The Board determined a Negative Declaration for SEQR in that the action would not have adverse environmental impacts on the surrounding properties and neighborhood. Without further discussion a motion was ---PAGE BREAK--- moved by Member Crawford to accept the Buckman Minor Subdivision as submitted, the motion was seconded by Member Lemon, all were in favor and the motion carried. Resolution 2016-05 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 Ronald N. Buckman and located at 676 Sterling Station Road, Red Creek, NY 13143; Tax map # 19.00-1-13.2 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 Aye Member Lemon Aye Member Crawford Aye 5 Ayes, 0 Nays, and 0 Abstentions – APPROVED SEQR – Short form EAF The members discussed the interpretation of some of the questions on the short form EAF that they discuss on nearly every application reviewed by the Planning Board including subdivision, special permit and site plan approval requests. Question #3 seems to be the most problematic and by full consensus of the Board will be interpreted as follows for review of subdivision applications: ~ 3a. Total acreage of the site of the proposed action? Total acreage of original property prior to subdivision. ~3b. Total acreage to be physically disturbed? Total acreage of new parcels being created and pulled out of the original property. ~3c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or sponsor? Total acreage of adjacent parcels owned, if any, plus the original property acreage. Question #9 was also discussed, it asks if the proposed action will meet or exceed the state energy code requirements. It was decided the answer for subdivisions only would be no because it doesn’t apply when only property lines are being changed. MEETINGS The next Planning Board meeting is scheduled for July 4th which because of the Holiday needs to be rescheduled. It was agreed to move the meeting one week earlier and schedule it for June 27th. The clerk will run an ad in the Lakeshore News for 2 weeks and also state that the next meeting would be on August 1st. MINUTES Meeting minutes for May 2, 2016 were approved by a motion moved by Member Bishop and seconded by Chairman Ouellette. All were in favor without further discussion and the motion passed. PRIVILEDGE OF THE FLOOR Virginia Fichera had the following comments: 1. What is the intention of the Planning Board regarding the Ferlito mine application? The Board replied that if and when Christopher Ferlito approaches the Board to continue the approval process – they will continue with the review. ---PAGE BREAK--- 2. Questioned what process the gas station located at the intersection of State Route 38 and State Route 104 underwent when they expanded to install the above ground fuel tanks. Members stated that the Codes office would be able to answer her questions since he is the first and only interpreter of the LUR in regards to land uses and Town applications. EXECUTIVE SESSION A motion was moved by Chairman Ouellette at 8:09 pm to enter into an Executive Session to discuss communications from Town attorney regarding the proposed Ferlito mining project. The motion was seconded by Member Allen and all were in favor. A motion was moved to come out of Executive Session by Member Lemon at 8:23 pm, the motion was seconded by Member Allen, all were in favor and the motion carried. ADJOURN On a motion by Member Bishop and seconded by Member Lemon, the meeting was adjourned at 8:29 PM. Approved Minutes, Respectfully submitted, Lisa Somers, Planning Board Clerk