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TOWN OF STERLING PLANNING BOARD MEETING June 1, 2015 A regular meeting of the Town of Sterling Planning Board was held on Monday June 1, 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 Susan Lemon ~ Member Also Present : Christopher Ferlito, Town Councilor Steve Keeling, Larry Benedict, Highway Supervisor Brian Soper, Town Constable Robert Shon, James Hanlon, Kevin Carrier, Rodney Green, Della Jastrzab, Mireille Watts, Virginia Fichera, Colleen Seymour and Leonard Beverly. Chairman Ouellette called the meeting to order at 7:02 pm. CORRESPONDENCE - none BUSINESS Larry Benedict – Sketch Plan/ Preliminary Review for Minor Subdivision Mr. Benedict presented a proposed subdivision map for the Board members to review and explained that he was selling the house with 5 acres and keeping the remaining 65 acres as farmland. He also explained that he had a buyer for the house with a closing date of June 30th and requested a second meeting in June for his Public Hearing provided that his maps could be ready in time. The members reviewed the maps and found the following required elements missing: ~ setback dimensions for the house ~ property owner information for all contiguous properties ~ land contours or indication of slope ~ water and septic locations ~ specify ‘Final’ map in title area The Board scheduled a Public Hearing for June 23rd at 7:00 pm and instructed the applicant to complete the application and attached SEQR EAF paperwork which also needed to be filed with the Town Clerk before the meeting. PUBLIC HEARING Christopher Ferlito Chairman Ouellette read the notice into the record and opened the Hearing at 7:13 pm Notice is hereby given that the Planning Board of the Town of Sterling will hold a Public Hearing on Monday June 1, 2015 at 7:00 p.m. at the Sterling Town Hall, 1290 State Route 104A, Sterling, NY 13156. An Application for a Special Use Permit by Christopher Ferlito of Christopher J. Construction LLC will be heard regarding the proposed operation of 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 Planning Board Lisa Somers, Clerk Chairman Ouellette read aloud the rules for procedure and conduct at Public Hearings, then proceeded to ask Mr. Ferlito to present the project to the audience present. CJ Ferlito briefly explained his proposal to operate a sand and gravel mine and stated that the DEC process is currently in the 30 day comment period which ends June 5th. The operation would commence with Phase 1 which is located closest to the road and has the least amount of expected material because it is the area that was previously mined. The DEC requires a bond for each phase ---PAGE BREAK--- which is approximately $30,000 and acts as insurance to cover reclamation efforts before proceeding to the next phase. The timeframe is unknown because it is wholly dependant upon a customer base. The standard equipment utilized for mining are an excavator, screener, loader and dump trucks all of which are in new condition and listed in the sound tables included in the mining plan narrative. The hours of operation will be 7am to 5 pm Monday thru Friday and 8 am to 4 pm on Saturdays for residential deliveries, operations closed on Sunday and holidays. Mr. Ferlito also received an area variance from the ZBA for the dimensional requirements of the Land Use Regulations regarding the distance between the ingress and neighboring residential structures which the Planning Board had referred him to at the last meeting. The DEC had also completed the long form EAF SEQR review with a Negative Declaration determination – copies previously supplied to the members. Member Horn questioned the traveling routes anticipated because of conflicting emails and resident statements. Chairman Ouellette also stated that the 239Review committee at the County had several concerns in their posted meeting minutes such as: the physical impact on the roads and safety issues of adequate turn radii and sufficient time/distance to keep pace with traffic in a 55 mph zone. Mr. Ferlito replied that he planned to have trucks head south when exiting the mine onto Sanford Road because of the limited sight distance and steep hill to the north. Some discussion ensued regarding a meeting held on May 28th between Mr. Ferlito, the Town of Victory Highway Supervisor and the Cayuga County Highway department where a jointly held bond for road repairs was agreed upon. Mr. Ferlito commented that there are no road postings on any of the routes in the area of the mine’s location which means that trucks can travel on them – road tax that the trucks individually pay is for the purposes being discussed. He further added that he had offered to supply gravel to support and maintain the shoulders if necessary. Member Bishop asked if the DOT had been contacted; the applicant replied that the DOT had contacted John Clancy of the DEC during the comments period and that once the 30 days was over he would receive all comments made and have the opportunity to answer them all. Member Horn asked what the concerns the DEC and DOT have regarding other gravel pits in the area and whether they are similar concerns because of the land use category or site specific. Member Allen asked Highway Supervisor Brian Soper about the Town of Victory’s concerns for the road impact. He replied that he had spoken with Victory many times and there were no concerns because trucks have been using those roads for years. He also stated that he was surprised at the County’s comments regarding road impact to Pople Road because of the meeting on May 28th where he was under the impression some agreements had been reached. The Board members agreed that they would need more information from the respective parties to adequately address the roadway issues at the next months meeting. Without further questions from the Board, the Public Hearing was opened to public comments as follows: 1. James Hanlon – Stated that his primary concern was with noise and felt that the hours of operation stated earlier in the meeting of 8 am to 4 pm weekdays would work well and control evening activity. 2. Kevin Carrier – In favor of the project because it will provide jobs in an area that doesn’t offer any. He also didn’t think that the roads would be impacted significantly. 3. Steve Keeling – In favor of the project – property was originally in his family and gravel from the pit was used in many residences around the area. He stated that having jobs available with some new local business would be beneficial to the whole area. 4. Della Jastrzab – Strongly opposes the project because of the noise, feels that it’s a relentless droning and pounding that can be heard for miles beyond the project limits. 5. Mirielle Watts – Stated that she had received copies of the mining plan and maps and felt that the project would devalue her property which she had planned on eventually building a residence on. If a gravel mine were to become operational she doesn’t think she’d even be able to sell it. ---PAGE BREAK--- 6. Rodney Green – An employee of CJ Ferlito felt that the concern for the roads is adequately covered by the road bonds Mr. Ferlito would be posting as well as the road tax the individual trucks pay. He also stated that he and 14 other employees are waiting for the process to finish so they may begin work – this is the building season that employs them. 7. Brian Soper – Stated that he also owns property next to the mine that he accesses by a ROW and plans to build a home on it in the future. He further stated that the 25 acre wooded area of the property to the north would provide an adequate buffer for the noise and dust expected. As the highway Supervisor he also stated that it’s a good local source of stone which highway departments use a lot of and pay a lot for especially the further away they have to go to get it. Surrounding Town municipalities of Ira, Conquest and Cato, to name a few, would also benefit from reduced prices and have stated they would utilize the mine as well. 8. Colleen Seymour - Lives across the street from the project and feels that although there will be noise, there will also be new jobs brought into the area. 9. Virginia Fichera - Provided a two page listing of concerns with links and addresses for further research. Topics covered included: a. Adequacy of the existing highway network b. Variance needed for structures within 1,000’ of mining activity c. Variance granted for structures within 1,000’ of mine ingress d. Hours of operation e. Sterling Road Preservation Law f. Pedestrian traffic g. Steep Slopes overlay district h. Wetlands i. Archeological study 10. Leonard Beverly – An employee of Mr. Ferlito stated that the DEC requires safety features for noise abatement. The hauling trucks pay a road tax and high diesel fuel prices, both of which helps fund road construction. Trucking is a way of life – everything that people use and purchase was delivered by a truck at least once and prolonging the review process doesn’t change that fact. 11. Mirielle Watts – Stated that she appreciates the Planning Boards responsibility and feels that if they adequately address the concerns of the neighbors then the project should be able to coexist in the neighborhood without problems. Planning Board Member Lemon asked if there was anything more that could be done concerning the noise since it seems to be the main issue of concern. The project has already created an additional 200’ tree buffer along Sanford Road, the equipment at the site is new, a 7’ high berm encloses the entire perimeter boundary of the mine, and the activity will be located down in a hole 30’ deep most of the time which will help reduce the noise. Without any further comments from either the Board or the audience present Chairman Ouellette tabled the Hearing until June 23rd at 7:00 pm explaining that the concerns voiced this evening as well as the comments from the Cayuga County 239Review committee needs further investigation before the Board can proceed any further in the process. One of the concerns the County had was that a Town requirement for 1,000’ between residences and the mine activity would require a variance if the MLRA (Mined Land Reclamation Act) does not supercede the Town regulations. The Town Attorney had been contacted prior to the meeting and advised ---PAGE BREAK--- the Board to address all of the concerns the 239Review listed before proceeding to a determination. MINUTES Meeting minutes for May 4, 2015 were approved with corrections by a motion moved by Member Bishop 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 Horn, the meeting was adjourned at 9:02 PM. Approved Minutes, Respectfully submitted, Lisa Somers, Planning Board Clerk