MARTVILLE MINE...IT's BAAAAAK!
John and Jen Torrese of Circle T Enterprises, LLC appeared at the September 2023 Sterling Town Board meeting and announced their intention to re-open the sand and gravel mining operation on Sanford Road in Martville (formerly known as Martville Mine). They asked the Town Board how to proceed and were told to consult the Code Enforcement Officer and the Planning Board. As of this writing in February 2024, there had been no word from Circle T since September.
Martville neighbors fought long and hard against the mining operation in the 2015-2019 time frame due to truck traffic issues, as well as concerns about potential impacts on groundwater resources and Sterling Creek.
The mine has been closed for several years. The owners will have to go through the permitting process all over again with the Town.
Watch the Planning Board agenda for Circle T's application for a Special Use Permit.
Martville neighbors fought long and hard against the mining operation in the 2015-2019 time frame due to truck traffic issues, as well as concerns about potential impacts on groundwater resources and Sterling Creek.
The mine has been closed for several years. The owners will have to go through the permitting process all over again with the Town.
Watch the Planning Board agenda for Circle T's application for a Special Use Permit.
THE Long saga of martville/sanford road mine
Martville neighbors fought the Martville Mine at the State Department of Environmental Conservation (DEC), Sterling Planning Board, Zoning Board of Appeals (ZBA), and in the courts for many years, finally prevailing when the Sterling ZBA issued a narrow 3-2 ruling in 2019 that denied an area variance and was a necessary pre-condition for issuance of the mine's Special Use Permit. The mine owners sued, but the courts upheld the Sterling ZBA decision.
"...there is great potential that the neighborhood will be impacted by the introduction of 100 trips per day of heavy commercial trucks such as tandem dump trucks, triaxle dump trucks and eighteen wheel tractor/dump trailer combination vehicles," the 2019 ZBA resolution states. "The quiet and serene neighborhood would experience the noise of a truck entering or exiting the access road with acceleration and braking every 6 minutes for the duration of a ten-hour day Monday through Friday and an eight-hour duration on Saturdays for a projected 20 year timeframe in order to excavate 1.4 million cubic yards of sand and gravel. ...The ZBA finds there will be adverse impacts to the physical environmental conditions of the neighborhood in regards to increased traffic and noise if the variance is granted."
Here is a timeline of the long fight that looks like it is about to start up again.
2014 DEC permit application: In June, 2014, Christopher J. Ferlito of Christopher J. Construction LLC (CJC) applied to the NY State Department of Environmental Conservation (DEC) for a mined-land reclamation permit. CJC proposed to operate a surface sand and gravel mine at 13181 Sanford Rd, Martville, NY, known as "Martville Mine."
Exponential change in volume of use: CJC planned to operate the sand and gravel mine 6 days a week, generating a massive increase in truck traffic in the quiet, rural residential/agricultural neighborhood of the mine site. The historical use of the property had been a small family gravel mine that removed less than 75 cubic yards per year--just 0.05 percent of the projected yields of the mining operation proposed by CJC. Neighbors opposed to the expanded mining operation citied noise, odors, air pollution, increased traffic, and safety concerns that would be detrimental to their property and quality of life. They also voiced concerns about potential contamination of groundwater and nearby wetlands and Sterling Creek. Here are some letters submitted to the Town and DEC.
DEC controls mining activities: In July, 2014 DEC requested "Lead Agency" status for review of the Martville Mine under the NY State Environmental Quality Review Act (SEQRA). DEC has exclusive authority to regulate mining activities in the state, but the State agency is encouraged to seriously consider input from local governments.
Local governments may regulate certain aspects of mining activity: Local governments may regulate mining activity in the following areas:
Jan 2015 application to Sterling Planning Board for a Special Use Permit: Christopher Ferlito appeared before the Sterling Planning Board on April 6, 2015 for a preliminary review of his permit application. Sterling Land Use Regulations (LUR--the zoning law) require a Special Use Permit for mining operations. The Planning Board advised Mr. Ferlito that he must apply to the Zoning Board of Appeals (ZBA) for an area variance because the site plan did not meet setback requirements. The Sterling zoning law requires the mining site to be at least 1,000 feet from any existing residence or public building.
May 2015 DEC says project won't affect environment: The DEC found (to the dismay of many) that the proposed mine operation would have no significant effect on the environment--including soil, water, traffic, noise, dust, air, cultural and visual resources, or fish and wildlife--and therefore did not require a Draft Environmental Impact Statement. In September 2015, the DEC sent CJC an approved permit authorizing operation of the Martville Mine through Sept. 7, 2020. At the same time, the DEC released a summary of the comments it had received regarding the proposed mine, with DEC responses.
"...there is great potential that the neighborhood will be impacted by the introduction of 100 trips per day of heavy commercial trucks such as tandem dump trucks, triaxle dump trucks and eighteen wheel tractor/dump trailer combination vehicles," the 2019 ZBA resolution states. "The quiet and serene neighborhood would experience the noise of a truck entering or exiting the access road with acceleration and braking every 6 minutes for the duration of a ten-hour day Monday through Friday and an eight-hour duration on Saturdays for a projected 20 year timeframe in order to excavate 1.4 million cubic yards of sand and gravel. ...The ZBA finds there will be adverse impacts to the physical environmental conditions of the neighborhood in regards to increased traffic and noise if the variance is granted."
Here is a timeline of the long fight that looks like it is about to start up again.
2014 DEC permit application: In June, 2014, Christopher J. Ferlito of Christopher J. Construction LLC (CJC) applied to the NY State Department of Environmental Conservation (DEC) for a mined-land reclamation permit. CJC proposed to operate a surface sand and gravel mine at 13181 Sanford Rd, Martville, NY, known as "Martville Mine."
Exponential change in volume of use: CJC planned to operate the sand and gravel mine 6 days a week, generating a massive increase in truck traffic in the quiet, rural residential/agricultural neighborhood of the mine site. The historical use of the property had been a small family gravel mine that removed less than 75 cubic yards per year--just 0.05 percent of the projected yields of the mining operation proposed by CJC. Neighbors opposed to the expanded mining operation citied noise, odors, air pollution, increased traffic, and safety concerns that would be detrimental to their property and quality of life. They also voiced concerns about potential contamination of groundwater and nearby wetlands and Sterling Creek. Here are some letters submitted to the Town and DEC.
DEC controls mining activities: In July, 2014 DEC requested "Lead Agency" status for review of the Martville Mine under the NY State Environmental Quality Review Act (SEQRA). DEC has exclusive authority to regulate mining activities in the state, but the State agency is encouraged to seriously consider input from local governments.
Local governments may regulate certain aspects of mining activity: Local governments may regulate mining activity in the following areas:
- ingress/egress to public thoroughfares controlled by the local government;
- routing of trucks on roads controlled by the local government;
- requirements/conditions specified in the NYSDEC-issued mining permit concerning setbacks from property boundaries and public thoroughfare rights-of-way, natural or man-made barriers to restrict site access, dust control, and hours of operation; and
- enforcement of reclamation requirements contained in the NYSDEC-issued mining permit.
Jan 2015 application to Sterling Planning Board for a Special Use Permit: Christopher Ferlito appeared before the Sterling Planning Board on April 6, 2015 for a preliminary review of his permit application. Sterling Land Use Regulations (LUR--the zoning law) require a Special Use Permit for mining operations. The Planning Board advised Mr. Ferlito that he must apply to the Zoning Board of Appeals (ZBA) for an area variance because the site plan did not meet setback requirements. The Sterling zoning law requires the mining site to be at least 1,000 feet from any existing residence or public building.
May 2015 DEC says project won't affect environment: The DEC found (to the dismay of many) that the proposed mine operation would have no significant effect on the environment--including soil, water, traffic, noise, dust, air, cultural and visual resources, or fish and wildlife--and therefore did not require a Draft Environmental Impact Statement. In September 2015, the DEC sent CJC an approved permit authorizing operation of the Martville Mine through Sept. 7, 2020. At the same time, the DEC released a summary of the comments it had received regarding the proposed mine, with DEC responses.
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Left: a letter written in 2015 by a little girl who lived on Sanford Rd about her concerns about the Martville Mine,
June 2015 ZBA denies area variance: The Sterling Zoning Board of Appeals (ZBA) denied CJC's application for an area variance after a public hearing on June 22, 2015. The denial was based on concerns about truck traffic, including concerns about increased road maintenance costs. Town of Victory and Cayuga County Highway Department get involved: In a letter dated June 29, 2015, Michael Wiggons, Supervisor, Town of Victory, advised the Sterling Planning Board that the posting of a $50,000 maintenance bond by CJC will ensure adequate protection of the portion of Sanford Road located in the Town of Victory. In a July 1, 2015 letter the Cayuga County Highway Superintendent advised the Town that the County will trim trees and brush along Pople Road south of Sanford Road to increase the site distance at the intersection. The County also recommended that the two Towns start the process of lowering the speed limit in the vicinity of the mines. The County Highway Superintendent said the concern about potential deterioration of Pople Road/County Route 112 would be minimized if CJC provided a $200,000 bond to cover the costs of road repairs. |
July 2015 CJC submits revised site plan: CJC submitted a revised site plan and "Mine Land Use Plan Clarification" that adjusted the "life of mine" portion of the site to meet the 1,000 foot setback requirement. In addition, a revised "Mining Plan Map" dated July 15, 2015 eliminated one of the two access roads/driveways into the mine site.
Above: a site map produced by NY DEC as part of the State permitting process for Martville Mine in 2015.
Sept 2015: ZBA re-hears and approves area variance: The Sterling Zoning Board of Appeals (ZBA) voted unanimously on Sept 28, 2015 to grant the amended/modified area variance to allow trucks to enter and exit through a single access road as depicted on the July 15, 2015 site plan. This paved the way for CJC to go back to the Planning Board and resume its application for a Special Use Permit.
October 2015--Article 78 lawsuit filed: On Oct 28, 2015, Martville Mine neighbors Dr. Virginia Fichera, Robin Allinger, Alvin G. Hammond, Jeffrey A Couperus, Tia M. Couperus, Dale Ritchie and Loraine Ritchie filed an Article 78 proceeding that asked the courts to reverse the ZBA's decision to grant the area variance. The Planning Board had held a public hearing on the site plan application on Nov 2, 2015. Upon notification of the Article 78 filing, the Planning Board announced that consideration of the Special Use Permit application would be put on hold pending the outcome of the lawsuit. Article 78 proceedings are lawsuits mainly used to challenge actions (or lack of action) by agencies of New York state or local governments.
May 2016 Judge Fandrich denies Article 78 #1: In an order filed by the County Clerk on May 17, 2016, the Honorable Mark H. Fandrich, Acting Justice of the New York State Supreme Court issued an Order denying the Article 78 Action (Article 78 #1) in its entirety.
December 2016 Planning Board Public Hearing: The Planning Board reopened the public hearing for CJC's Special Use Permit and site plan application on Dec 5, 2016.
Feb 2017: Planning Board approves Special Use Permit: In February 2017, the Planning Board approved and granted CJC's application for a Special use permit to operate a sand and gravel mine.
Second Article 78 filed: The neighbors who opposed the mine filed a second Article 78 proceeding (Article 78 #2) in February 2017, this time asking the court to reverse the Planning Board decision.
Sept 2017: Judge Fandrich denies Article 78 #2: On Sept 6, 2017, Judge Fandrich denied and dismissed Article 78 #2 in its entirety.
March 2018 Appeals Court rules: On Mar 16, 2018, the NY Supreme Court Appellate Division (Fourth Department) ruled that the area variance granted by the Sterling Zoning Board of Appeals (ZBA) was null and void due to a failure to refer the area variance to the Cayuga County Planning Board (docket number 1512,CA 16–02212). The court ruling called for the ZBA to make a new determination regarding the area variance based on the merits.
Nov 2018 New Owners renew area variance application: Circle T purchased the mine from CJC and the various NY Department of Environmental Conservation (DEC) mining permits were transferred to the new owner. The new owners applied to the Sterling Zoning Board of Appeals for the area variance, which was a necessary pre-condition of the Town's Special Use Permit.
Jan 2019 ZBA denies area variance: By a 3-2 vote on Jan 30, 2019, the Sterling Zoning Board of Appeals (ZBA) denied the area variance requested by Circle T. Without the area variance, the Special Use Permit was no longer valid.
October 2015--Article 78 lawsuit filed: On Oct 28, 2015, Martville Mine neighbors Dr. Virginia Fichera, Robin Allinger, Alvin G. Hammond, Jeffrey A Couperus, Tia M. Couperus, Dale Ritchie and Loraine Ritchie filed an Article 78 proceeding that asked the courts to reverse the ZBA's decision to grant the area variance. The Planning Board had held a public hearing on the site plan application on Nov 2, 2015. Upon notification of the Article 78 filing, the Planning Board announced that consideration of the Special Use Permit application would be put on hold pending the outcome of the lawsuit. Article 78 proceedings are lawsuits mainly used to challenge actions (or lack of action) by agencies of New York state or local governments.
May 2016 Judge Fandrich denies Article 78 #1: In an order filed by the County Clerk on May 17, 2016, the Honorable Mark H. Fandrich, Acting Justice of the New York State Supreme Court issued an Order denying the Article 78 Action (Article 78 #1) in its entirety.
December 2016 Planning Board Public Hearing: The Planning Board reopened the public hearing for CJC's Special Use Permit and site plan application on Dec 5, 2016.
Feb 2017: Planning Board approves Special Use Permit: In February 2017, the Planning Board approved and granted CJC's application for a Special use permit to operate a sand and gravel mine.
Second Article 78 filed: The neighbors who opposed the mine filed a second Article 78 proceeding (Article 78 #2) in February 2017, this time asking the court to reverse the Planning Board decision.
Sept 2017: Judge Fandrich denies Article 78 #2: On Sept 6, 2017, Judge Fandrich denied and dismissed Article 78 #2 in its entirety.
March 2018 Appeals Court rules: On Mar 16, 2018, the NY Supreme Court Appellate Division (Fourth Department) ruled that the area variance granted by the Sterling Zoning Board of Appeals (ZBA) was null and void due to a failure to refer the area variance to the Cayuga County Planning Board (docket number 1512,CA 16–02212). The court ruling called for the ZBA to make a new determination regarding the area variance based on the merits.
Nov 2018 New Owners renew area variance application: Circle T purchased the mine from CJC and the various NY Department of Environmental Conservation (DEC) mining permits were transferred to the new owner. The new owners applied to the Sterling Zoning Board of Appeals for the area variance, which was a necessary pre-condition of the Town's Special Use Permit.
Jan 2019 ZBA denies area variance: By a 3-2 vote on Jan 30, 2019, the Sterling Zoning Board of Appeals (ZBA) denied the area variance requested by Circle T. Without the area variance, the Special Use Permit was no longer valid.
Courts affirm permit denial: Circle T filed an Article 78 against the Town of Sterling, challenging the denial decision. The neighbors' group achieved Intervener status. (Intervening is entry into a civil lawsuit by a third party that was not named as an original party in a civil lawsuit, but has a personal stake in the outcome.) Both the Supreme Court and the Appellate Division affirmed the denial of the variance. Here is the 2020 Appellate Court decision.
Mine remains closed: Since the 2019 ZBA decision, the mine has remained closed because it does not have an operating permit from the Town.
Status of DEC permit: Circle T's current DEC permit was issued in September 2020 and will expire in September 2025, which means that the mine owners will probably submit a DEC permit renewal application to the DEC in the first half of 2025. The most recent DEC site inspection was November 1, 2022.
Mine remains closed: Since the 2019 ZBA decision, the mine has remained closed because it does not have an operating permit from the Town.
Status of DEC permit: Circle T's current DEC permit was issued in September 2020 and will expire in September 2025, which means that the mine owners will probably submit a DEC permit renewal application to the DEC in the first half of 2025. The most recent DEC site inspection was November 1, 2022.
RESOURCES
Saving Sterling Creek-Atlantic States Legal Foundation web page
This web page includes videos of truck traffic shot by neighbors when the mine was open. At the bottom of the web page is a "resources" section with relevant documents. htpps://aslf.org/saving-sterling-creek/
2019 ZBA Resolution
DEC Public Comment & Response Martville Mine
Letters Submitted by Residents to the Town and DEC
Saving Sterling Creek-Atlantic States Legal Foundation web page
This web page includes videos of truck traffic shot by neighbors when the mine was open. At the bottom of the web page is a "resources" section with relevant documents. htpps://aslf.org/saving-sterling-creek/
2019 ZBA Resolution
DEC Public Comment & Response Martville Mine
Letters Submitted by Residents to the Town and DEC