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TOWN OF STERLING ZONING BOARD OF APPEALS MEETING TOWN OF STERLING ZONING BOARD OF APPEALS MEETING June 22, 2015 June 22, 2015 A meeting of the Town of Sterling Zoning Board of Appeals was held on Monday June 22, 2015 at the Sterling Town Hall at 7:00 pm with the following members present: Laurence Lemon ~ Chairman Richard Palmieri ~ Member Charles Itzin ~ Member Darrell Uetz ~ Member Brad Dates ~ Member Also present: Town Officials: Planning Board – Sue Allen, June Ouellette, Vern Bishop, Assessor Lezli Parsons, Highway Supervisor Brian Soper, Councilor Steve Keeling, Gus Taft; Christopher Ferlito, Attorney John Klucsik, Edward Martin, Joan Kelley, Robin Allinger, Al Hammond, Virginia Fichera, Mireille Watts, Michael Wiggins, Harold Burghart, Jim Hanlon and Kay Hanlon. The meeting was called to order at 7:01 PM by Chairman Larry Lemon. CORRESPONDENCE – Towns & Topics PUBLIC HEARINGS Edward Martin Chairman Lemon read the legal notice into the minutes and the Public Hearing was opened at 7:02 PM. Notice is hereby given that the Zoning Board of Appeals of the Town of Sterling will hold a Public Hearing on Monday June 22, 2015 at 7:00 p.m. at the Sterling Town Hall, 1290 State Route 104A, Sterling, NY 13156 to hear an Area Variance request by Edward Martin of 1404 Williams Road, Sterling, NY 13156. A request for relief of Sterling Land Use Regulations Article VII, Section 1 –Table 1 Minimum front yard setback requirement to build a 12’x30’ addition on existing garage on property located at 1404 Williams Road, Sterling, NY 13156; Tax Map # 10.03-1-25. 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 Ed Martin explained to the Board that he would like to add 12’ to the front of his garage which faces Williams Road and already encroaches on the setback requirement by 21’ from a previous area variance granted in November 2009 for the original garage construction. Mr. Martin has bought a larger camper and needs the additional 12’ to store it during the winter months. Chairman Lemon asked if additional feet could be added to the back of the garage but the applicant explained that he is already built into the existing hill behind him and there is no room to move further back. The Board members questioned many missing dimensions for the property and felt that more information was needed before they could make a decision. Chairman Lemon asked for comments from the public and there were none. The Public Hearing was closed at 7:18 PM on a Motion moved by Chairman Lemon and seconded by Member Itzin, all were in favor motion carried. The members discussed the request and felt that more measurements were crucial in justifying additional encroachment of Williams Road. They asked the applicant to get the following measurements: ~ Garage face to center of Williams Road pavement. ~ Back of garage to rear property line. ~ Side of garage to State Route 104A property line. ~ Front of house to center Williams Road pavement. The applicant returned before the end of the meeting with the measurements requested from the Board as follows: ~ Garage to center Williams Road – 61’ ~ Garage to rear property line – 15’ ~ Side of garage to Route 104A – 60’ to yellow line ~ front house to center Williams Road – 92’ The members discussed the variance request with the new dimensions applied to the site plan and felt that the applicant could only go closer to the front. The lot is small and to move closer to the existing house could create a fire hazard, the back line is problematic because of the steep hill and movement towards 104A could create safety issues with traffic. A motion to approve the requested 12’ front variance was moved by Member Dates, further stating that placement of the garage is to be no less than 49’ from the center of the road. The motion was seconded by Member Palmieri, all were in favor without further discussion, the motion carried. BE IT RESOLVED, by the Zoning Board of Appeals for the Town of Sterling, upon the facts presented and the determination made, that the application for the requested variance of 12’ for front setback requirement (26’ total front variance from the 75’ required) in connection to a proposed 12’x30 addition to garage, situating front of the structure to be no less than 49’ from the center of the road. on property located at 1404 Williams Road, Sterling, NY 13156; Tax map # 10.03-1-25 is hereby GRANTED upon the following express conditions: none. ---PAGE BREAK--- Roll call vote was taken: Lawrence Lemon, Chairman Aye Richard Palmieri, Member Aye Darrell Uetz, Member Aye Charles Itzin, Member Aye Brad Dates, Member Aye 5 AYES 0 NAYS 0 ABSTENTIONS – REQUEST APPROVED Christopher Ferlito of Christopher Construction LLC Chairman Lemon read the legal notice into the minutes and the Public Hearing was opened at 7:32 PM. Notice is hereby given that the Zoning Board of Appeals of the Town of Sterling will hold a Public Hearing on Monday June 22, 2015 at 7:00 p.m. at the Sterling Town Hall, 1290 State Route 104A, Sterling, NY 13156 to hear an Area Variance request by Christopher Ferlito of CJ Construction LLC. A request for relief of Town of Sterling Land Use Regulations Article X, Section 5.J Subsection 2.c Setback requirements for mining operation and existing residences in connection to a Special Use Permit request to operate 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 Zoning Board of Appeals, Lisa Somers, clerk Christopher Ferlito approached the Board to request a variance that would affect 29 structures, he also supplied a list of the structures and their individual dimensions to the life of mine boundary. Mr. Ferlito stated that through the DEC permitting process and the SEQR review he addressed the noise issues for close residences by eliminating the driveway to the north and only utilizing the south driveway. Attorney for the project, John Kluscik, commented on the ambiguous wording in the Town’s law - of Subsection 2.c that the variance is being requested of. He stated that the mining reclamation act possibly supercedes this requirement and allows Town’s leeway in the allowable setbacks. Member Dates stated that the issue we are debating is clearly defined as a 1,000’ setback between the proposed mining activity and any existing structures. It is clear that there are 29 structures that need consideration to allow the variance. Chairman Lemon asked the applicant the depth of the mining operation and was answered that they can only dig to a depth 4’ above the water table which at the current hole that has been utilized for over 40 years is approximately 30’ deep. Chairman Lemon asked for public participation at this time and requested the clerk to make copies of the supplied listing of affected structures to distribute. Public comments were as followed: 1. Vern Bishop – Asked for a clarification between this variance and the last one granted and what are the phase centers. The previous variance granted was for the distance required from the existing residences in the neighborhood and the ingess/egress of the mine. This variance is for the distance between existing structures and the mining activity. The measurable basis for mining activity is the life of mine boundary and not the individual phases of activity. The 1,000’ requirement is for possible structural damage due to the removal of material which could weaken and undermine the surrounding ground. The ratio of depth to a radius of affected earth is unknown at this time. 2. Robin Allinger – She lives across from the mine and asked if congestion from excess traffic will be investigated? Chairman Lemon answered that its not part of the ZBA variance requested but that the DEC SEQR dealt with the traffic issue and received a negative declaration. 3. Virginia Fichera - Supplied two handout sheets and a Future Use map from the Town’s Comprehensive Plan ( copies for Board Members and hung on hallway entering room for residents) in support of denying the mine project. She also read aloud emails from the DOT and DEC commenting on safety issues regarding the trucks accessing the commuter roads and requesting road studies and analysis to determine feasibility of usage. 4. Harold Burghart - Asked how many structures are affected? 29, he was given a list of the structures and the distance from the mine. 5. Mirielle Watts – Why is the 1,000’ requirement for structural damage, is it because of vibration from the machines? She was answered that vibration is not an issue, rather displacement of soil which weakens the surrounding land which could in time crack drywall or break pipes – normal problems associated with settlement. Mrs. Watts also asked about the affects on property values which Chairman Lemon stated was an issue the Planning Board would deal with and they couldn’t answer because it doesn’t pertain to the variance requested. Virginia Fichera stated it would decrease values 13% within the first mile, she also asked where the advisory opinion from the Planning Board was. Chairman Lemon answered that the ZBA decision is independent of the Planning Board and advisory opinions are optional. She then asked what the water table elevation was – she was told that it was an appropriate question for the DEC. Ms. Fichera was told that her constant interruptions and comments should cease or she would be asked to leave the meeting room. With no further comments from the public, the Public Hearing was closed at 8:34 PM on a motion moved by Member Itzin and seconded by Member Uetz, all were in favor and the motion carried. The Board members stated that the risk of structural damage, how substantial the risk is, and how to protect the surrounding structures was their goal in ---PAGE BREAK--- determining the variance merits. Member Palmieri read aloud the five criteria that the ZBA process mandates they use to determine the outcome of all requests. Member Dates commented that the Board should lean toward the conservative side since a substantial request has been made. Member Itzin suggested that perhaps the owners of the 29 structures affected could be contacted and individually agree to a set specification but later stated that there was no basis to modify the numbers. Another possibility would be for Mr. Ferlito to provide a 20 year insurance policy to cover damage to any of the 29 listed structures. Mr. Ferlito could also redraw the life of mine boundary to eliminate any of the affected structures and eliminate the need for a variance. At this time a resident commented why is it a substantial risk when only a handful of the neighbors have attended this meeting or any of the other meetings held previously regarding this project – they’ve all received 2 letters per meeting and yet none but 5 or 6 have attended and half of those voice support for the project. Chairman Lemon responded that passing on the meeting doesn’t equate to agreement with the project and it is the Board’s responsibility to protect the interest of the neighboring properties as well as all of the residents of Sterling. The ZBA Members felt that more information could possibly develop a solution to both help the project and protect the Town; therefore a work session meeting was scheduled for Thursday July 9th at 7:00 pm. A motion was moved by Member Itzin for approval of the requested variance which was seconded by Member Uetz, a roll call vote yielded five nayes therefore unanimously denying the request. Resolution 2015-07 BE IT RESOLVED, by the Zoning Board of Appeals for the Town of Sterling, upon the facts presented and the determination made, that the application request for relief of setback requirements regarding mining operation and existing structures in connection to a Special Use Permit to operate a sand and gravel mine on property located at 13181 Sanford Road, Martville, NY 13111; Tax Map #20.00-1-68.01 is hereby DENIED upon the following express conditions: None. A roll call vote was taken: Laurence Lemon, Chairman Nay Darrell Uetz, Member Nay Richard Palmieri, Member Nay Charles Itzin, Member Nay Brad Dates, Member Nay 0 AYES 5 NAYS 0 ABSTENTIONS – REQUEST DENIED MINUTES Motion to approve meeting minutes for May 20, 2015 was moved by Member Itzin and seconded by Member Palmieri, all were in favor with no discussion, motion carried. ADJOURN On a motion by Member Itzin and seconded by Member Dates, the meeting was adjourned at 9:32 PM. Approved Minutes, Respectfully submitted, Lisa Somers, ZBA Clerk