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HomeMy WebLinkAboutPB Resolution 26-11 10 Town Barn Rd Immunity Request RESOLUTION PB 26-11 TOWN OF LANSING PLANNING BOARD RESOLUTION REQUEST FOR IMMUNITY FROM LOCAL LAND USE REVIEW FOR 10 TOWN BARN RD TPN 30.1-16.12 WHEREAS, the Town of Lansing is a municipal corporation duly organized and existing pursuant to the laws of the State of New York and having such powers and responsibilities pursuant to the provisions of the New York State Town Law and the Highway Law in conjunction with the Town's Highway Superintendent to provide for the care and maintenance of the Town's highways and bridges and to provide suitable places for the housing and storing of vehicles, machinery, tools and equipment owned by the Town for the effectuation of such purposes; and WHEREAS, the Town of Lansing is the owner of a parcel of real property (Tax Parcel 311.-1-16.12), located on Town Barn Road, constituting approximately 18.27 acres of land that has been previously acquired and utilized by the Town and designated for municipal purposes ("subject premises"); and WHEREAS, the existing Town of Lansing Department of Public Works Building was constructed in 1968 and is in need of an adequate repair, storage, and administrative, Salt/Sand Storage, and Fuel Storage facility in order to meet the needs of maintaining the public roadways of the Town of Lansing; and WHEREAS, the Town of Lansing, after an extensive multi-year process of selecting a qualified consultant, examining site selection options for constructing a new Town Public Works facility, and preparing draft construction materials,was granted approval by the Zoning Board of Appeals to be considered immune from local land use review for the design and construction of the new Town Public Works Facility; and WHEREAS, adequate water services are needed for the regular functioning of municipal facilities, and local water utilities servicing 10 Town Barn Road only allow for one water meter to be built per parcel in the Town of Lansing; and WHEREAS, municipal infrastructure located at 10 Town Barn Road exists on both sides of Town Barn Road and Verizon Lane, and cannot be feasibly serviced by one water meter, causing a formal subdivision to be required; and WHEREAS, pursuant to the decision of the New York State Court of Appeals in the Matter of County of Monroe, 72 N.Y.2d 338 (1988), a "balancing of public interests analysis" ("Monroe Balancing Test's is required to determine whether and to what extent,this proposed subdivision shall be exempt from the Town's Zoning Code and use and bulk regulations and administrative approval from the Town of Lansing Zoning Board of Appeals; and WHEREAS, upon due consideration and deliberation by the Town of Lansing Planning Board;and NOW, THEREFORE,BE IT RESOLVED THAT, that the Town of Lansing Planning Board has analyzed, considered and discussed the following criteria as required by Matter of County of Monroe in relation to the subdivision associated with the new Department of Public Works Building Replacement and Campus Renovation Project on the subject premises, and the Town of Lansing's land use regulations, and hereby finds as follows with regard to each of the nine Monroe Balancing Test criteria: Factor#1:Whether there is an expression of legislative intent for the proposed action to be immune from local zoning oversight. Page I of 4 The Town of Lansing Town Board is the municipal body solely responsible for the legislative and executive functions of the Town of Lansing. The Town of Lansing Planning Board and Zoning Board of Appeals are administrative boards of the Town of Lansing,whose members are appointed by the Lansing Town Board. This project is to enable a fully governmental task—the operation of the Department of Public Works— including to fulfill its duties to repair and maintain public highways and municipal building campuses, and further including the emergency services of snow and ice removal and treatment.The legislative scheme of the Town Law and the NYS Highway Law make this a core public service that is very much an emergency service in many aspects. Under NYS statutes, therefore,it is generally understood that these are the very functions that are considered exempt from local zoning and land use review under the County of Monroe standard. Further, the town board, by including planners, the town engineer,and many others upon these review committees, has evinced an intent to fully review and proceed with this project as designed,and not to have a critical governmental facility project subjected to discretionary review or delays, particularly given that the proposed subdivision is necessary to construct the public works facilities that were previously declared to be immune from local land use review by the Zoning Board of Appeals. Factor #2: The kind of function of land use involved and the extent of the public interest to be served. The construction associated with the Department of Public Works Building Replacement and Campus Renovation Project as a repair, storage, and administrative facility for the Town of Lansing Department of Public Works is a non-proprietary,governmental function which will serve the public interest by ensuring the continued and improved maintenance of public roadways under the jurisdiction of the Town Lansing's Department of Public Works for the benefit of members of the public using said public roadways and the citizens of the Town of Lansing. The proposed subdivision is necessary for the regular functioning of the new public works facilities. Included services address emergency services, road maintenance, and maintenance and repair of public utilities like water and sewer. The maintenance of public roadways under the jurisdiction of the Town Department of Public Works is a statutory govemmental function and obligation of the Town of Lansing Department of Public Works, and many of the services are emergency and utility services. Factor#3: The effect local land use regulation would have upon the enterprise concerned and the impact upon legitimate local interests. If the Town of Lansing Zoning Code Schedule II was to be applied "as written" to this project, the Town would be prevented from locating a water meter at the new Public Works Building, and could potentially be required to seek a variance from the Zoning Board of Appeals to separate buildings on to different parcels.The formal subdivision and variance process would be time-consuming and would likely delay the opening of the new facilities,which have already been declared immune from local review and have begun construction. In addition, the variance process could require project modifications which may not be feasible at this time and reduce the buildings capacity to serve multiple Town departments, having adverse impacts upon the Town's ability to maintain and improve their municipal highway systems in accordance with the requirements of New York State law,and resulting in possible dangers and other adverse impacts to the citizens of the Town and those travelling on the Town highways. Factor #4:The applicant's legislative grant of authority. New York State Town Law and Highway Law authorize and require the Town of Lansing to provide adequate facilities for the Town of Lansing Department of Public Works in aid of its responsibility to maintain those public roadways utilized by members of the general public which fall under the jurisdiction of the Town Department of Public Works. Article 7 of the Highway Law specifically vests the Town Highway Page 2 of 4 Superintendent with jurisdiction over the care of the town highways.The authority of the town to provide for these facilities and services is statutorily plenary,including under Town Law Article 4. Moreover, as noted above, the town also is imbued with substantial experience in project review and siting and causing redundant reviews by alternate agencies of the town does nothing relative to the governmental purposes here fulfilled that falls within the exceptions to the County of Monroe test.The town is not the type of agency that is incapable of undertaking a review, or which has no substantial experience in a land use planning, as may require additional internal reviews. See,e.g., Matter of County of Monroe, 82 NY2d 338, 343 [19881;Volunteer Fire Ass'n of Tappan, Inc. v.Town of Orangetown,N.Y.L J. May 2,2007, p. 22, col. 3 (Sup. Ct. Rockland Co. 2007), affd, 54 A.D.3d 850, 863 N.Y.S.2d 502 (2d Dept. 2008) (fire departments have no intrinsic experience or authority with land use planning and thus may not fall under the County of Monroe standard when all factors are duly balanced). Factor #5: Alternate locations for the Department of Public Works facility in less restrictive zoning areas. The subject premises is the only Town-owned parcel located within the Town of Lansing suitable for the construction and maintenance of the facility and represents the most reasonable and efficient use of Town owned property in furtherance of the objectives of providing the Town of Lansing Department of Public Works with a consolidated highway facility location within the Town. Despite this, and as part of the project investigation, the Town evaluated several potential alternative sites for a new public works facility. At least 3 other sites were evaluated,and several site configurations considered as to this site. Consultants Bergmann Associates and the Town RFP Committee determined that there are no feasible alternate locations which meet the necessary objectives of the Town of Lansing Department of Public Works,and that this layout was the best overall layout given cost, traffic flow, needs,and available land. Since the Zoning Board of Appeals granted the Town of Lansing immunity from local review for the siting and construction of the new Department of Public Works facilities in 2022, the Town has begun and made substantial progress in constructing the new facility. It is not feasible to relocate a building which has been approved and substantially constructed, and moving the affected departments would not materially improve efforts to provide adequate water to the new facilities.. Factor#6: Alternative methods of providing the needed improvement. The construction of the new Department of Public Works facility as proposed represents the minimal infrastructure improvements necessary to promote increased use of the subject premises as a centralized Department of Public Works facility.The proposed subdivision is necessary for providing water to the new facilities,it is not practical or viable to run a water line from the old highway barn to the new public works facilities or run water lines from the single meter to every potentially developable area of 10 Town Barn Road. There are no viable alternative methods of providing these improvements, and there is no way to catch-up with the past 50 years,including in building design, maintenance, energy efficiency, or fire suppression than to upgrade and re-use some parts of the existing facility and construct a new operations barn and office space. The decision to construct a new facility was made based upon thorough examinations of town needs,town equipment,personnel, operations, and the design and function of the proposed facilities by Bergmann Associates and the RFP committee,with approval from the Town Board, and thereafter from the Capital Investment Committee,with further general approval from the Town Board. To re-visit over 5 years of planning and site design, all at the cost of more time and money,would serve no valid land use purpose. Indeed, this is the precise point of the County of Monroe test,and why so many core governmental projects like this are in fact immune from such reviews. A review by a town agency of a town project already reviewed would be likely to be redundant. Factor#7: Intergovernmental participation in the project development process. The past study,locational analyses,and site layout and design were subjected to rigorous review at multiple Page 3 of 4 levels of the town government,with key personnel serving on both committees.This included the Town Board, town engineer, town planners, town clerk, Highway Department, Parks and Recreation Department, town bookkeeper, Planning Board,and town attorney,with additional input from others, such as Bergmann Associates and Municipal Solutions (finance).Atop this, the construction of the new highway facility has been overseen by members of the Town Board of the Town of Lansing,its engineers,and other retained professional consultants. The project has also required the review and approval of several outside jurisdictional agencies including the New York State Department of Transportation,New York State Department of Environmental Conservation,Army Corps of Engineers, and Tompkins County Department of Health. Updated surveys and subdivision plats are being prepared by the town engineer,in coordination with multiple municipal departments. In addition, the development of plans for the facility have and will be fully vetted, discussed, and considered by the members of the Town Board and its legal,planning,and engineering staff and consultants, and Town of Lansing citizens have been and will be permitted to offer comments and suggestions upon the revew and development of this project. RESOLVED, that the Planning Board hereby declares that the proposed subdivision of 10 Town Barn Road shall be exempt from the subdivision requirements and restrictions of the Town of Lansing Zoning Code; and be it further RESOLVED, that the Town of Lansing Schedule I and Schedule II Regulations for the IR Zoning District to the extent that they may restrict or prohibit the proposed facility shall not apply to this project. Dated: 24 August 2026 Motion by: Tom Butler Seconded by:John Licitra VOTE AS FOLLOWS: Tom Butler—Aye Aimee Caffrey—Not Voting Sandy Conlon—Aye John Duthie—Not Voting Al Fiorille —Ave Christine Hass —Aye Danielle Hautaniemi—Absent John Licitra—Aye Fredric Villano—Aye Dean Shea—Aye Received in the Lansing Town Clerk's Office on Debbie Munson,Town Clerk Town of Lansing Tompkins County,New York Page 4 of 4