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TOWN OF STERLING PLANNING BOARD MEETING May 4, 2017 A regular meeting of the Town of Sterling Planning Board was held on Thursday May 4, 2017 at the Sterling Town Hall at 7:00 pm with the following members present: • June Ouellette ~ Chairman • Sue Allen ~ Member • Vernon Bishop ~ Member • Scott Crawford ~ Member • Paul Kelley ~ Member Also Present: Irene Grandazzo, Judy Woodworth, Joan Kelley, Zoning Commissioner Lezli Parsons, Kathy Ouellette-Fox, Virginia Fichera and Erik Svereika. Chairman Ouellette called the meeting to order at 7:00 pm. BUSINESS Land Use Regulations Zoning Commissioner Lezli Parsons approached the Board to discuss an issue regarding Minor Subdivision Lot Line Adjustment requirements. The LUR Article 13 Subdivision Regulations; requires a surveyed map that shows the property as it exists and the proposed boundaries with contiguous owners listed. An attorney, Chris Palermo, had addressed the Town Board to adjust the requirements to allow a less costly survey map for large parcels. The Lot Line Adjustment process doesn’t create a new parcel only an adjusted existing property line which involves less than 2 acres of land. Attorney Palermo suggested streamlining the process through the CEO and not requiring a survey map. Zoning Commissioner Parsons agreed that the Planning Board could adjust their process but that a survey map is required at the local level according to Real Property Law. Discussion ensued between the Board members and Commissioner Parsons as they reviewed the LUR Subdivision Regulations. LUR Article 13-6: Waiver of Requirements; would allow the Planning Board to waive any of the requirements they deem to be not applicable or necessary for the review of a submitted subdivision proposal. Commissioner Parsons pointed out the potential for waiver exists during the sketch plan conference step – Article 13-3(B)(8. The Board members responded favorably and stated that case by case could be reviewed for waiver provided the Board felt it to be appropriate. Member Allen suggested that a topographic overview map of the proposed area would be helpful. Kathy Ouellette-Fox – Minor Subdivision Ms. Ouellette-Fox had received approval in 2015 for a minor subdivision lot line adjustment and is present tonight to determine why the property change hasn’t been altered at Cayuga County real property. She provided proof of receipt by the County when she filed the map but when asked by the Assessor, Lezli Parsons, if she had filed a transfer of property at the same time, Ms. Ouellette-Fox didn’t think that she had. The assessor explained the paperwork she would need to file with the County to effect the change her subdivision map proposed. The Board members should inform people when subdividing they need to obtain an abstract to update the deed and Transfer of Property form if selling. Judy Woodworth – Preliminary Meeting – Minor Subdivision – 1778 Laxton Road, Sterling Ms. Woodworth provided a survey map for the proposed subdivision and the Planning Board reviewed it against the required elements checklist. The map was found to be inclusive of all ---PAGE BREAK--- the required elements and a Public Hearing was scheduled for June 1, 2017. The map needs to have Final replace Preliminary near the title block. The application and SEQR paperwork needed to be altered to reflect that only 2 parcels would be created instead of three as originally proposed. The property on the northeast side of the road already has a distinguishable property line and can be split through the assessor’s office. Ms. Woodworth stated that she would make payment of $200.00 application fee to the Town Clerk and is aware of the $50.00 lot fee required upon approval. Dilcia Sealey & Rafeal Hylton – Sketch Plan Conference – Minor Subdivision Surveyor, Erik Svereika, is representing his clients, Dilicia Sealey and Rafeal Hylton, who reside in California and would like to subdivide the house with 3 acres from the 83 acre parcel. The Board reviewed the survey map against the required elements checklist with the following comments: • Mr. Svereika explained that he uses slope arrows to convey the land contours unless development is occurring and then he would use 2’ contours, which is needed for design purposes. To create a topographic map would be costly because of the extensive fieldwork and man hours to shoot elevation readings in a predetermined grid pattern required to determine slope gradients. • The septic vent is identified without septic lines – acceptable to the Board. • The well setback from the property line was scaled to be 50’ – Mr. Svereika will add dimension to drawing. • The map needs to have Final replace Preliminary near the title block. The map was found to be inclusive of all the required elements and a Public Hearing was scheduled for June 1, 2017. The application needs to have notarized signatures by the applicants in order for an approval to be granted, Mr. Svereika stated that he would have that paperwork ready for the next meeting. A fee of $200.00 also needs to be paid to the Town Clerk with $50.00 lot fee due at approval for new lot created. Noah Richardson – Sketch Plan Conference The Board had requested an opinion from the Town Attorney in regards to a proper use designation for Mr. Richardson’s proposed mobile chicken processing unit. The determination will be postponed until the June meeting . Erie Enterprises LLC – Case Marshall – Special Use Permit Request Chairman Ouellette updated the Board members that the ZBA had held a Public Hearing regarding setbacks for the tanks and tabled the application while leaving the Hearing open to allow counsel to research the property and advise as to how to proceed. The Board members discussed the SEQR process where the initial step is to determine whether the proposed action is subject to SEQR. If the action is a Type II then the project is not subject to SEQR Review, and if it is Unlisted then it requires a short form EAF, which the applicant has supplied. Section 617.5 of the Environmental Conservation Law states that “ replacement, rehabilitation of a structure, in kind, on the same site” is considered a Type II action and not subject to SEQR Review. The Board will seek counsel from the Town Attorney. ---PAGE BREAK--- MINUTES A motion to approve meeting minutes for April 6, 2017 was moved by Member Crawford and seconded by Member Allen. All were in favor without further discussion and the motion passed. ADJOURN On a motion by Member Bishop and seconded by Member Kelley, the meeting was adjourned at 8:27 pm. Approved Minutes, Respectfully submitted, Lisa Somers, Planning Board Clerk