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TOWN OF STERLING PLANNING BOARD MEETING February 1, 2018 A regular meeting of the Town of Sterling Planning Board was held on Thursday February 1, 2018 at the Sterling Town Hall at 7:00 pm with the following members present: June Ouellette ~ Chairman Sue Allen ~ Member Paul Kelley ~ Member Scott Crawford ~ Member Excused: Member Vernon Bishop. Also Present: Joan Kelley, Debra Rose, Andrea and Hal Hanlon, Eric Kyle, Town Board Member Jay Sawyer, Attorney Norman Chirco for Erie Enterprises LLC, ZBA Members Laurence Lemon and Darrell Uetz, and Town Attorney Kevin Cox. The meeting was called to order at 7:00 pm by Chairman Ouellette. PUBLIC HEARING Anthony Martin property owner, Andrea Hanlon & Eric Kyle - applicants Chairman Ouellette read aloud the legal notice and opened the Hearing at 7:00 pm. Notice is hereby given that the Planning Board of the Town of Sterling will hold a Public Hearing on Thursday February 1, 2018 at 7:00 PM at the Sterling Town Hall, 1290 State Route 104A, Sterling, NY 13156. The Public Hearing was previously cancelled due to inclement weather on January 4, 2018. An Application for the Review of Subdivision by Andrea Hanlon and Eric Kyle, for property owned by Anthony Martin, will be heard regarding the Minor Subdivision/Lot Line Adjustment of property located at 15169 Green Road, Sterling, NY 13156; Tax Map #7.00-2-9. 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 Andrea Hanlon provided the required mylar and 5 paper copies of the map that had been reviewed against the checklist at the December meeting and deemed complete. She also supplied for the project file a letter of permission from Anthony Martin allowing Mrs. Hanlon and Mr. Kyle to represent the Martin subdivision request. The short form EAF Part I had corrections to questions 12b, 13a, 15 and 16 which were changed and initialed by the applicant. The DEC’s EAF Mapper summary report indicated that wetlands, archaeological sites, threatened/endangered species and 100 year flood plain questions were affirmative. The Board read aloud PartII and III of the EAF and decided that the project involves a minor lot line adjustment only, and therefore made a determination that it would have no negative adverse affect on the surrounding neighborhood. At this time the Hearing was opened to the public for comments – there were none. On a motion by Member Kelley that was seconded by Member Allen, the Hearing was closed at 7:10 pm. Without further discussion by the Board, a motion to approve the Hanlon & Kyle request for a Subdivision/Lot Line Adjustment of property owned by Anthony Martin was moved by Member Crawford and seconded by Member Kelley, all were in favor and the motion carried. Resolution 2018-01 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/Lot Line Adjustment by Andrea Hanlon & Eric Kyle for property owned by Anthony Martin ---PAGE BREAK--- and located on 15169 Green Road, Sterling, NY 13156; Tax Map #7.00-2-9 is hereby GRANTED upon the following express conditions: 1. File map with Cayuga County Real Property Office within 62 days. 2. New parcel to be merged with adjacent parcel # 7.00-2-7; but will retain separate deeds. Roll call vote was taken: Chairman Ouellette Aye Member Allen Aye Member Bishop Absent Member Kelley Aye Member Crawford Aye 4 AYES 0 NAYES 0 ABSTENTIONS – APPROVED BUSINESS Cayuga County Sewer District 2 Sterling Town Board Member Jay Sawyer presented a package to the Board that proposes an action to mandate that individual properties connect to the available public sewer system and discontinue usage of private septic systems. He explained that most of the properties have connected but a few businesses and residences are utilizing private systems within the Town of Sterling. Due to the rising waters of Lake Ontario and patterns of flooding in the recent past, twelve properties have been identified as being within close proximity to the Bay and have raised concerns of contamination. The Town Board is in favor of investigating the issue and possibly formulating a local law with the assistance of Town Attorney Kevin Cox. Mr. Sawyer asked for the Planning Board members for their comments and thoughts on whether to proceed with the project. Although many Board members were in favor they chose to investigate the issue and discuss it at the March meeting. ZBA member Darrell Uetz commented that he thought a section of the State Clean Water Act already requires it. Erie Enterprises LLC, North Victory Pit Stop – Preliminary Meeting – Special Use Permit – 15057 State Route 104, Martville; Tax map #20.00-57.1 Attorney Norman Chirco is representing the applicant, Case Marshall of Erie Enterprises, to process a request for a Special Use Permit. Business owner, Case Marshall initially appeared in front of the Board in March of 2016, and requested a variance from the ZBA in April 2017 which was tabled because clarification of past activity needed to be researched in order to properly identify and resolve all of the outstanding issues. Attorney Chirco explained that a pre-existing and non-conforming business, the Pit Stop gas station and convenience store, had expanded to an adjacent parcel in order to install above ground storage tanks. The two properties were merged to form a new parcel, which according to the Land Use Regulations now requires a request for Special Use Permit with Site Plan Review. The history of the two original parcels is briefly explained as follows: store purchase in 2013 plans to renovate commencing with building permit issued in 2014 underground storage tanks removed, overseen by the DEC additional parcel purchased in 2015 to locate above ground storage tanks above ground storage tanks installed in 2016, over seen by the DEC ---PAGE BREAK--- redesign of site plan with larger ingress/egress and paving (overseen by the DOT), new sign and location, seeded grass area and gravel area for tanker trucks to safely fill storage tanks, merger of two parcels to create a new lot appears on Final tax roll 2017 Chairman Ouellette read aloud the standards contained within Article 10-4 Special Use Permits as follows, and requested Attorney Chirco to respond accordingly. 1. The proposed use and location be in the best interest of the Town, the convenience of the community, the public welfare, and be a substantial improvement to property in the immediate vicinity. Attorney Chirco stated that he believed the continuance of this business is in the best interest of the Town in that it provides essential services (gas, food, ATM, news) to the surrounding community thru easy and close access (convenient). It also offers substantial improvement to the properties in the general vicinity by removing a vacant parcel and transforming it into an aesthetically pleasing business. Several Board members agreed that the owners had invested a substantial amount of money ($75,000) to improve the property which also improves property values in the neighborhood. 2. The proposed use and location be suitable for the property in question, and designed, constructed, operated and maintained so as to be in harmony with, and appropriate in appearance with the existing or intended character of the general law. Attorney Chirco stated that the property had been used as a store and gas station for more than 30 years so its continued use would be appropriate and suitable. The new lot created is larger therefore allowing a design facilitating easier ingress /egress while providing more area for customers to navigate into parking or gas pumps. The new design also provides a separate area for tanker trucks to service the storage tanks. The overall property condition has been made safer and cleaner for the customers and the community. Member Allen commented that the zoning district the business is located within is a Hamlet, which is described in the Comprehensive Plan and the LUR as an area to provide clustered development of small businesses and residential usage. The proposed use is therefore suitable for the property in question. Member Allen requested that Attorney Chirco provide a written narrative addressing the LUR sections that had been discussed – Article 10-4(A)(1) and Article 10-4(A)(2). Attorney Chirco agreed. 3. The proposed use and location is in conformance with all applicable requirements of these Regulations. Attorney Norm Chirco stated that all work performed on the property had been to code and in compliance with all Local, County and State regulations. The Town Attorney, Kevin Cox, inquired about the status of the building permits issued for the renovations of the store, gas canopy and solar panels. The Clerk had contacted the CEO and expected a status report on Monday. Both attorneys plan to follow up with Code Enforcement. 4. The proposed use and location is in compliance with the Town of Sterling Road Preservation Law. Not applicable to this project because the property has frontage on State Route 104 and State Route 38 – no Town roads directly affected. ---PAGE BREAK--- In accordance with Article 10-4 Special Use Permits, referral of the project to the County Planning Board for a 239-m Review is required. The review is triggered by the project location on a State road and the request for special use permit. The clerk will compile and deliver a package for Cayuga County’s February 239Review meeting. Site Plan Review commenced with Member Allen reading aloud from the LUR checklist for site plan elements Article 11-2 Site Plan Review & Approval as follows: Items and (c):The Planning Board found the information (north arrow, scale, date, owner name and address) to be acceptable on the 10”x17” site plan map. Items and Not applicable to this project. No watercourses exist on the property, requires more than 1 acre of disturbance, and grading and drainage plans with contours not required because work completed more than 2 years ago under supervision of DEC and DOT. Item Dimensions of the above ground storage tanks with containment system needs to be added to the drawing. The minimum front yard building setback dimension for a corner lot in the Hamlet district is 83 feet for both State Routes 104 and 38. The above ground storage tanks and the enlarged gas canopy (24’x50’) are non-compliant with the LUR setback requirements, therefore requiring ZBA variance approval before the Planning Board can resume processing the SUP application. ZBA Chairman Larry Lemon, in attendance at the meeting, asserted that correct measurements locating the existing tank structures and gas canopy structure from the centerline of both roads is essential information for the ZBA in order to determine a value for the variance requests. The Clerk tentatively scheduled the ZBA Public Hearing for February 22, 2018 at 7:00 PM provided that Attorney Chirco can supply a site plan map with the needed setback dimensions. Item Site plan map clearly illustrates parking areas for customers and tanker trucks as well as two egress/ingress locations along two NYS roads. Item Not applicable to this project. Item Not applicable to this project because there is no outdoor storage. Item A street drain was found on an overhead photo located along 104 close to the intersection – needs to be added to site plan. Items and Real Property records indicate a private septic system and a private well on the property – needs to be located on site plan map. Item Not applicable to this project. A public waterline is not available therefore no fire hydrants. Item New solar panels added through building permit on 2015 – location needs to be added to the site plan map. Item A new sign was added at a new location shown on the site plan; previously found to be compliant by the ZBA and location approved by DOT as to not being located within the ROW. Item Not applicable to this project because of small property size and a single neighboring property behind store with a large lawn providing adequate buffer. Item Outdoor lighting consisting of 2 flood lamps, exterior lights on building, and lighted sign found to be adequate. Item Not applicable to this project. Item The property consists of asphalt pavement with seeded lawn around the building and around the storage tanks extending to the road lines of State Routes 104 and 38. Gravel is also provided along the interior side of the storage tanks to allow for drainage of surface water and to facilitate parking for the tanker without ---PAGE BREAK--- encouraging customer parking. The removal of the previous structure, trees and overgrown shrubs improved site lines along both roadways which many Board members commented on as an improvement. Some discussion of landscaping around the tanks for aesthetics resulted in undue necessary yearly expense for the owner because snow removal efforts and salt would surely kill anything planted. Hardier vegetation could create impaired views therefore maintained mowing of the lawn areas seemed appropriate for the site. Item Not applicable to this project. Item Project classified as an Unlisted Action requiring SEQR EAF short form review which was supplied by applicant. Project is also located within a SCAD (State Certified Agricultural District) and will require notification in compliance with section 305 of Article 25-AA of the Ag & Markets Law. Items and The removal of the underground tanks and the installation of the above ground tanks were overseen by the DEC – Petroleum Bulk Storage Certificate issued by the DEC is in project file. The asphalt paving, redesign of the ingress/egress, storage tank placement and site manipulation along the roadways was overseen by the DOT – Attorney Chirco will investigate further for paperwork. Item No additional elements required by Planning Board. Item Not applicable to this project because the property has frontage on State Route 104 and State Route 38 – no Town roads directly affected. The Board members continued their review by Member Allen reading aloud the general considerations contained within Article 11-2 Site Plan Review & Approval with Board discussion as follows: Item The Board members found the layout and design of the business to be adequate for safety of the customers and the travelling public. The business has been in the neighborhood for several decades and was somewhat cramped between two state roadways and a dilapidated residential structure. Chairman Ouellette stated that by purchasing the additional land the business was able to locate above ground tanks that are environmentally safer and recommended by the DEC, instead of replacing the underground tanks in the same location. Incorporating the additional land into the business design resulted in a more visible and cleaner appearance for the business that is functionally more cohesive. Item Board members Crawford and Kelley stated that the removal of the house and overgrown brush and trees made the intersection immensely safer by opening up sight lines. The design of the additional parcel allows tanker trucks to service the storage tanks without interference to store customers or gas pump usage which is another improved safety factor. The storage tanks location offset of center and towards the Route 38 side of the property accomplishes this. The DOT was instrumental in the repaving efforts of their ROW’s, the design of the ingress/egress and approval of tank placement 2 feet offset of the road line. The purchase of the triangular parcel increased the total usable land area enough to enable a more fluid design for customers and delivery vehicles. Item Not applicable to this project. Item The clerk provided an aerial photo locating an existing storm drain/drop inlet along State Route 104 that previously provided drainage for storm water run-off for the area. The clerk also supplied a contour map that illustrates the total change of elevation being 4 feet from north to south on the new property, additionally dropping another 4 feet to the center of the intersection – allowing for ---PAGE BREAK--- natural flow of runoff to travel south on both Routes 104 and 38 to collect at a depressed paved area and enter the storm drain. The seeded lawn and gravel parking area for the tanker trucks also provides an absorption area to collect runoff and channel to storm drain. Item Real Property data sheets list private water and sewer, the Board would like more information on what exists and where it is located. Item Board members stated that the irregular shape and size of the property, as well as the location along two State highways, left little need for buffering measures. The portion of property not blacktopped is maintained grass to maximize soil absorption of storm water. Item Not applicable to this project because public waterline not available to provide fire hydrants. Double entrances with a single store structure and gas pumps allows adequate room for fire and other emergency vehicles to maneuver. Items and (10): Not applicable to this project. Item (11): The Board members agreed that the larger parcel and renovations drastically improved the quality of the business for safety and aesthetics. Item (12): SEQR results yet to be determined. EAF Part I briefly reviewed and in need of some changes by the applicant. Members Kelley and Crawford commented on the improved safety of the intersection since the property transformation a couple years ago. They have both traveled the intersection in cars and large trucks – tractor trailer, dump truck and snowplow – and attest to the improved quality of a dangerously designed intersection. Member Kelley stated the work involved to remove the residence, remove fill and re-sculpt the perimeter shape was necessary to provide adequate visual, safety and drainage measures. Member Crawford asked Attorney Chirco why the applicant hadn’t requested a SUP when he began the renovations and eventual purchase of the additional land. The attorney replied that it had been an oversight in that they had thought the expansion of the property would automatically extend the business use. When the properties were merged it was determined by the CEO, per the Land Use Regulations, that the pre-existing, non-conforming status was lost and the new parcel created would need to apply for a Special Use Permit. Member Kelley commented that the timeline of activity in the Town’s property files illustrates a pattern of development with building permits requested and issued along the way as plans changed, which supports the applicants arguments that they had thought they were in compliance then and are now willing to comply with any and all requests and conditions of the Planning Board. The Board members had received two letters from Attorney Chirco, dated 12/7/2017 and 12/28/2017, to supplement the original application filed in February 2017 which covered only the addition of the storage tanks. The Board members reviewed the letters for statements of evidence supporting the merits of the proposal in order to assess whether the proposed use complies with the general and specific requirements of the Comprehensive Plan and Town’s LUR. Chairman Ouellette and Member Allen noted that the two letters provided by Attorney Chirco, dated 12/7/2017 and 12/28/2017, provided additional arguments that hadn’t been discussed previously in the meeting during SUP and site plan review, which are in support of the Special Use Permit as follows: ---PAGE BREAK--- ~ Creation and re-design of new parcel emphasized safety for the community, customers and employees by protecting the intersection and business area from undue congestion and hazards. ~ Environmental concern addressed by removing failed underground tanks and replacing with above ground tanks which insures any future leak to be detected, contained and removed quickly so as not to pose any threat to the underground aquifer or contaminate the surrounding ground area. The DEC provided supervision for all work and design of storage tanks. ~ Placement of the tanks was to have the least obstruction to the public, not to interfere with sight lines and placed away from the heavier traffic along State Route 104 for added safety. Member Allen requested that the Town Attorney, Kevin Cox, explain the section of the LUR that manages changes to non-conforming structures, land and use. Attorney Cox read aloud Article 14-5 and Non-Conformities Changes and stated Attorney Chirco would need to provide an argument supporting why the additional parcel purchased could not be used for a permitted use in the district, as well as state how the new usage would be less objectionable with respect to traffic generation, appearance and other factors listed in the LUR. It is noted that the letter provided, dated 12/28/2017, discusses the triangle shaped property that was not being utilized because of its small size and wouldn’t be utilized because those small dimensions prohibited any type of use. Board members briefly addressed the SEQR short form EAF, which had been received in February 2017 with the original application submission. The proposed action was classified as an Unlisted action, and review of the short EAF is required to determine if the action will have any environmental significance. The EAF Mapper worksheet confirmed that the proposed action does not trigger any compelling areas of concern. Attorney Chirco was asked to provide additional information for the following questions on Part I of the EAF: Question #9 – State Energy Code – add information regarding solar panels. Question #10 – Water supply – add details. Question #11 – Wastewater utilities – add details. Attorney Chirco will address the changes and return for the next meeting on March 1, 2018 at 7:00 pm. Comprehensive Plan Brief discussion regarding the previously recommended changes (Feb. 2016) to the Goals & Objectives section of the Comprehensive Plan was led by Zoning Commissioner Joan Kelley. A requested change to Goal Objective #4 was made to add back in “to cover support of dams”, and also extend the arrow to indicate ongoing timeframe. A member of the Fair Haven planning Board, Debra Rose, was also in attendance as she is part of Fair Haven’s effort to simultaneously update their part of the Goals & Objectives section. Some discussion ensued regarding Goal Objective #5 regarding the West Barrier Bar. A necessary change to be made is the removal of the Town of Sterling as owner and addition of Fair Haven as the property steward’s. MINUTES ---PAGE BREAK--- A motion to approve meeting minutes with minor corrections for December 7, 2017 was moved by Member Crawford and seconded by Member Kelley. All were in favor without further discussion and the motion passed. ADJOURN On a motion by Member Crawford and seconded by Chairman Ouellette, the meeting was adjourned at 8:35 pm. Approved Minutes, Respectfully submitted, Lisa Somers, Planning Board Clerk