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TOWN OF STERLING PLANNING BOARD MEETING September 6, 2018 The regular meeting of the Town of Sterling Planning Board was held on Thursday September 6, 2018 at the Sterling Town Hall at 7:00 pm with the following members present: June Ouellette ~ Chairman Sue Allen ~ Member Vernon Bishop ~ Member Paul Kelley ~ Member Scott Crawford ~ Member Also Present: Bill McIntyre, Paul & Shirley Jones, Town councilor Joan Kelley, Kimberly Duffy, Jodi Sheldon, and Louis Iannettoni. The meeting was called to order at 7:01 pm by Chairman Ouellette. PUBLIC HEARING William & Peggy Sue McIntyre Chairman Ouellette read aloud the legal notice and opened the Hearing at 7:01 pm. Notice is hereby given that the Planning Board of the Town of Sterling will hold a Public Hearing on Tuesday September 6, 2018 at 7:00 PM at the Sterling Town Hall, 1290 State Route 104A, Sterling, NY 13156. An Application for the Review of Subdivision submitted by William & Peggy Sue McIntyre will be heard regarding the Minor Subdivision/Lot Line Adjustment of property located at 1132 State Route 104A Sterling, NY 13156; Tax Map #13.00-1-02.123. 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 Chairman Ouellette asked Bill McIntyre to explain his subdivision request. The applicant explained that he wanted to remove an easement on the property for well access for his neighbor’s (Jones) property that is no longer required. The neighbors, Paul and Shirley Jones, were in agreement to remove the well easement in exchange for a strip of additional property along the property lines to provide a buffer from any future activity on Mr. McIntyre’s land. The clerk explained that the map had been changed since the last meeting to reflect the 3.776 parcel as the original parcel advertised for subdivision with the 0.40 acre parcel to be merged with the Jones property #13.0-1-1. The change was necessary because Mr. McIntyre had split the larger parcel #13.00-1-2.122 into two new parcels through the assessor’s office making the parcel#13.00-1-2.123 the original parcel being subdivided for this application. The Hearing was opened for public comments – there were none. With no comments from the Board or public, and on a motion by Member Kelly that was seconded by Member Allen, the Hearing was closed at 7:18 pm. The Board Members completed Parts 2 and 3 of the SEQR short form EAF aloud; a motion was moved by Member Allen to accept a Negative Declaration for the Unlisted Action of the McIntyre Minor Subdivision/Lot Line Adjustment. The motion was seconded by MemberCrawford, all were in favor and the motion carried. A motion to approve the requested subdivision for William and Peggy Sue McIntyre was moved by Member Crawford and seconded by Member Bishop, all were in favor and the motion carried. Resolution 2018-04 ---PAGE BREAK--- 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 of property owned by William & Peggy Sue McIntyre and located at 1132 State Route 104A, Sterling, NY 13156; Tax Map #13.00-1-02.123 is hereby GRANTED upon the following express conditions: Merger of 0.40 acre parcel with adjacent parcel #13.00-1-1 is a requirement of a Lot Line Adjustment Approval. Must be filed with Cayuga County within 62 days. Roll call vote was taken: Chairman Ouellette Aye Member Allen Aye Member Bishop Aye Member Kelley Aye Member Crawford Aye 5 AYES 0 NAYES 0 ABSTENTIONS – APPROVED PUBLIC HEARING Kimberly Duffy Chairman Ouellette read aloud the legal notice and opened the Hearing at 7:01 pm. Notice is hereby given that the Planning Board of the Town of Sterling will hold a Public Hearing on Tuesday September 6, 2018 at 7:00 PM at the Sterling Town Hall, 1290 State Route 104A, Sterling, NY 13156. An Application for the Review of Subdivision will be heard regarding the Minor Subdivision of property located at 1615 Old State Road Sterling, NY 13156; Tax Map #7.00-2-3.62. 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 The applicant, Kimberly Duffy, was asked to explain the subdivision for audience present. She stated that the property was being subdivided into 2 parcels – one 3.69 acres and the other 23.18 acres. She would retain the smaller parcel containing a house, garage, well and driveway. Her parcel also contains a 12’ easement for proposed drive access to remaining lands of parcel 2 for usage by sister and part owner, Jodi Simmons. The Hearing was opened to public comments – there were none. The Public Hearing was closed at 7:18 pm on a motion moved by Member Kelley and seconded by Member Allen, all were in favor and the motion carried. Jodi Simmons stated that she was reluctant to move forward with the subdivision because her attorney had requested a copy of the proposed map along with some legal documents between the sisters which she had not received yet. Member Crawford stated that Board approval would not immediately validate the subdivision because it would still need to be filed with the County Clerk within 62 days. Member Kelley questioned Ms. Simmons on her issues regarding the proposed map, to which she replied that the easement was present for access as had been agreed upon but that she needed her attorney to review it and give advisement. The discussion evolved into a private matter between the owners wherein the Board decided to wait on voting as they have 62 days from the close of the Public Hearing to make a decision. This would allow the property owners time to work out any issues they had concerning the property. The Board would take no action on the application and revisit at the next meeting on October 11, 2018. ---PAGE BREAK--- BUSINESS James & Karen McIntyre; Property owner Louis Iannettoni Family Trust – Preliminary Review –Minor Subdivision James Iannettoni, the owner of the parcel to be subdivided, presented a surveyed subdivision map for the Planning Board to review. The applicants, James & Karen McIntyre were not present for tonight’s meeting but plan to attend the Public Hearing. The Board members reviewed the map against the required elements checklist and found the map to be complete, needing only the word ’Final’ added to the title. The SEQR short EAF Part 1 was reviewed by the Board with assistance of the DEC EAF Mapper worksheet, question #16 was corrected and initialed by applicant to indicate project site located in a 100 year flood plain area. A Public Hearing was scheduled for October 11, 2018, the applicant was told to bring a mylar and 5 paper copies of the survey subdivision map. Green Spark Solar The Clerk informed the Board members that a call from a developer was received regarding the required Town process for solar panel installations. They would like to submit a Special Use Permit application in the near future for a community solar farm on leased property. MINUTES A motion to approve meeting minutes for August 2, 2018 was moved by Member Bishop and seconded by Chairman Ouellette. All were in favor without further discussion and the motion passed. A motion to approve meeting minutes for August 14, 2018 was moved by Member Bishop and seconded by Member Crawford. 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 8:48 pm. Approved Minutes, Respectfully submitted, Lisa Somers Planning Board Clerk