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TOWN OF STERLING PLANNING BOARD MEETING April 6, 2015 A regular meeting of the Town of Sterling Planning Board was held on Monday April 6, 2015 at the Sterling Town Hall at 7:00 pm with the following members present: June Ouellette ~ Chairman Sue Allen ~ Member Grover Horn ~ Member Vernon Bishop ~ Member Excused: Member Susan Lemon. Also Present : Kathy Ouellette-Fox, Charles Welling, Pat Cooper Maxon, Joseph Thompson, Town Councilors Steve Keeling and Gus Taft, Nancy Lalik, Justin Slobe, Highway Supervisor Brian Soper, Christopher Ferlito and Geologist Tom Giles. Chairman Ouellette called the meeting to order at 7:00 pm. CORRESPONDENCE – none BUSINESS Kathy Ouellette-Fox – Sketch Plan Conference for Lot Line Adjustment Chairman Ouellette stated that the new Land Use Regulations had added a new category of subdivision called a lot line adjustment which realigns property lines between adjacent parcels involving less than 2 acres of property. The first applicant to utilize the new zoning section is her daughter, Kathy Ouellette-Fox, who proceeded to explain to the Board Members the reason for requesting a realignment of her property line on Old State Road. Her neighbor, Charles Welling, owns a shed and well located on her property, which she would like to sell to him allowing him to utilize both the well and shed. An old survey map was provided to illustrate the property layout as well as the location of the 911 cell tower and roadway with 60’ ROW in the same area as the proposed subdivision. The subdivision application will need to be submitted to Cayuga County Planning for a 239Review because of proximity to the tower which is owned by the County. An application was supplied to the applicant with instructions to bring one survey map for preliminary approval at the next meeting - May 4th. Christopher Ferlito – Martville Sand & Gravel Mine – Preliminary Review for Special Use Permit (#20.00-1-68.1) Mr. Ferlito had supplied maps and reports explaining the proposed operation of a sand and gravel extraction mine to the Planning Board and other Town Departments several months ago in preparation of tonight’s meeting. The NYS DEC contacted the Town in July 2014 requesting Lead Agency status for a SEQR Review prompted by Mr. Ferlito filing for a DEC mining permit. The Planning Board did not object to the DEC being Lead Agency and sent a letter dated 2/16/15 with environmental concerns and areas of Town zoning noncompliance to be included in the DEC review process. Tom Giles, a geologist hired by Mr. Ferlito, stated that they had been working with the DEC and had supplied the latest remarks and reply letters which the Board Members also previously received. Mr Giles further stated that the DEC was close to a Notice of Completion, which the Planning Board would require before proceeding with the approval process for Special Use Permit. Chairman Ouellette acknowledged that the applicant had met with Brian Soper, the Highway supervisor, and several elements of the first design have been changed such as the driveway design, hauling truck route and protection berm design. The mine plans to use two driveways – separate ingress and egress which is safer and causes less wear to the roadway. The egress will be paved to help with dust control and also curved to assist hauling trucks entering traffic - 90 degree turn is slower and creates greater friction on the road surface. All trucks leaving the mine will exit using the south driveway and continue south on Sanford Road a short distance to access State Routes 38 and 104, both built to ---PAGE BREAK--- appropriate specifications for large trucks. The dimensional requirements of the Land Use Regulations stipulates that a structural barrier be constructed along the sides, back and front property lines without any openings except for gated areas for the purposes of public safety. The site plan drawings initially included a 2’ high berm to serve as a structural barrier but has since been changed to a 7’ high berm which is compliant with the zoning. The Land Use Regulations also requires that access roads be at least 1,000 feet from any existing residence or public building. There are several homes along Sanford Road that are within 1,000 feet of the mine entrance and the Planning Board must refer the applicant to the ZBA to request an area variance before proceeding with the Special Permit process. The clerk asked the applicant for a site plan map that has dimensions of each residence within the 1,000’ zone of the entrance, Mr. Ferlito stated that his surveyor was currently working on adding that information to the survey map of the property. He was also asked for a letter or documents to support why his ZBA request should be granted, Mr. Ferlito replied that he would provide that information the following week. The clerk will schedule a ZBA meeting prior to the May 4th Planning Board meeting so the applicant will be able to return and continue his presentation without delay. Member Allen asked the geologist a few questions regarding the terminology used in the drawings such as toe of slope, the geologist briefly explained the mines design and safeguards meant to keep activity, noise and dust within the project parameters. Chairman Ouellette read aloud Section J.2.f of the Land Use Regulations that stipulates the permitted Hours of Operation: 7 am to 5 pm on Monday thru Friday, Saturday limited to residential deliveries between 8 am and 4 pm, closed on Sunday and legally declared holidays. Members asked Mr. Ferlito if he does his own hauling, he replied that he has a couple of his own trucks but fully anticipates selling product to be hauled by other companies. Some final discussion ensued regarding the ZBA request and possible ways of decreasing the impact of the mine on those structures. Existing trees along Sanford Road will remain to create a natural sound buffer and possible dust barrier, more trees to be planted in this area. Utilizing only one access road could reduce a little of the distance but not enough to offset the benefits of two driveways. The clerk will advise applicant of the meeting date set for the ZBA Public Hearing. Justin Slobe –Sketch Plan Conference for Minor Subdivision Mr. Slobe presented an old survey map of property located on Curtis Co-op Road that he would like to subdivide. The proposed lot is 2 acres, has 200’ of road frontage and contains the residential structure that exists on the property, which is to be sold on completion of the subdivision process. The applicant was given an application and instructions on what needs to be included on the survey map. He was also told to return with only one copy of the map for preliminary approval and scheduling of a Public Hearing. Steve Keeling – Sketch Plan Conference for Minor Subdivision Steve Keeling approached the Board with questions regarding a possible subdivision. He presented a sketch and overhead photo image of the property and asked help in formulating a design to straighten and align existing property lines while creating a lot to sell and comply with the zoning requirements. The clerk provided an application and Councilor Keeling was instructed to return with only one map when he was ready to proceed. Zoning Commissioner – Resolution 2015-01 The Board received a letter dated 3/23/15 from the Zoning Commissioner regarding the wording on a Resolution granting a Special Permit for Samuel Simmons. The CEO felt that the wording misrepresented the situation and a request to revisit the wording was suggested. The Planning Board Members discussed the letter and on a motion moved by Member Allen Resolution 2015-01 shall add “and operation of a business office in an A/R District” after storage of business equipment. The motion was seconded by Member Horn, all were in favor without further discussion and the motion carried. Clerk to revise and distribute. PRIVILEDGE OF THE FLOOR ---PAGE BREAK--- Pat Cooper Maxon – Ms. Maxon approached the Board as a concerned resident and spoke to them regarding the possibility of a water bottling and distribution business in Sterling which our Land Use Regulations does not deal with. The property is located between Old State Road and State Route 104A and was used in the past as a bait farm where ponds were dug previous to zoning and DEC controls. At the time the ponds were dug, several wells of the surrounding properties were depleted. A trout stream along the back of the property also ceased to exist. Ms. Maxon had spoken with both the Town Supervisor and the Town assessor which prompted discussion between the Town councilors – all of which felt that the Planning Board could address the situation most comprehensively. The Planning Members discussed the fact that they had investigated a Wellhead Protection Plan in 2010 and were under the understanding that the Village of Fair Haven had adopted the report in 2008. Planning Member Bishop supplied a letter dated 1/6/10 from the Planning Board recommending that Sterling file a local law incorporating the acquifer report with additional language to control bulk water usage. Town Councilor Gus Taft stated that the Fair Haven report had never been adopted and that it would have no bearing on the Sterling property above the acquifer – the Town Board is the only entity with control over Sterling property. Pat Maxon had also spoken with the DEC and commented that they too were concerned about the viability of the acquifer if a water bottling business were to operate in Sterling and its effect on the many wetlands and streams in the area. Some discussion ensued amongst the Members regarding solutions such as forming an investigative committee, adding a provision in the use chart referencing PDD formation, adding a section detailing water usage and proposing enacting a moratorium law to halt water usage projects for 6 month time to establish zoning addendum. The Members decided to send a letter of recommendation to the Town Board to establish a moratorium and begin researching other Town provisions. Permits and Fee Schedule – The Town recently adopted a revised and updated fee schedule to include any new elements in the Land Use Regulations. The subdivision fees changed substantially while the process didn’t change at all, the Members plan to review and investigate how the changes occurred and maybe recommend reducing the fees in the future. MINUTES Meeting minutes for March 2, 2015 were approved by a motion moved by Member Bishop and seconded by Member Horn. All were in favor without further discussion and the motion passed. Meeting minutes for March 10, 2015 were approved with minor corrections by a motion moved by Member Horn and seconded by Member Allen. All were in favor without further discussion and the motion passed. Meeting minutes for March 24, 2015 were approved with minor corrections by a motion moved by Member Horn and seconded by Member Bishop. All were in favor without further discussion and the motion passed. ADJOURN On a motion by Member Horn and seconded by Member Bishop, the meeting was adjourned at 8:55 PM. Approved Minutes, ---PAGE BREAK--- Respectfully submitted, Lisa Somers, Planning Board Clerk