HomeMy WebLinkAbout2005-04-27117 April 27, 2005 The Lansing Town Board met in Special Session at the Lansing Town Hall Boardroom at 12:00 noon with Supervisor Farkas presiding. The Supervisor called the meeting to order and had the clerk take the Roll Call. ROLL CALL Stephen Farkas Supervisor Present Marty Christopher Councilperson Present Doug McEver Councilperson Present Bud Shattuck Councilperson Present Connie Wilcox Councilperson Present Bonny Boles Town Clerk Present Guy Krogh Town Attorney Present Visitors: None Set Public Heariniz for Land Use Ordinance Amendments: RESOLUTION 05 -089 Resolution Establishing Public Hearing for Land Use Ordinance Proposed Amendments and a further Resolution Establishing Public Hearing for SEQR Review and a further Resolution establishing the Town as Lead Agency At a Special Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 27th day of April, 2005, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver — aye; Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, at the request of the Town Board and the Code Enforcement Office, the Planning Board has worked to identify needed changes to the Land Use Ordinance; and WHEREAS, the Town has considered and carefully reviewed the requirements of the Town Law relative to land use regulations and the unique needs of the Town due to the topography, the lake, the soil types and distributions, and other natural features inherent in the Town, and the Town has taken into account the growth rate in the Town and, for these and many other reasons, the Town believes it is in the best interests of the Town to amend the Land Use Ordinance to make changes thereto that will benefit the Town as a whole and provide for the betterment of the health, safety, and welfare of its citizens; and WHEREAS, the Town of Lansing Planning Board has prepared draft amendments to the Land Use Ordinance after a lengthy process of examination of the needs of the Town, and the areas where regulation and control of growth are required, and the Planning Board having submitted the draft amendments to the Lansing Town Board, and 1.1. g Continued, April 27, 2005 WHEREAS, the Town Board having reviewed the proposed amendments and having conducted a review of the needs of the Town for amendment of its land use controls, and WHEREAS, the proposed amendments consist of: (1) adding boathouses and cabanas to the list of definitions and including them as regulated structures; and (2) defining and regulating accessory apartments, thereby changing the nature of allowed uses, site plan review and variances pertaining thereto, in zones RA, L1, R1, R2, R3, B1 and 132; and WHEREAS, the proposed action of adopting the amendments to the Land Use Ordinance is determined to be a Type I SEQR action pursuant to 6 NYCRR § 617.4(b)(1), and the long -form EAF is determined to be the appropriate level of initial review under SEQRA; and WHEREAS, the Town duly considered the impact not only upon the Town of Lansing, but also areas outside the Town of Lansing, and in connection therewith, the Town has also carefully considered its comprehensive planning objectives within the context of the Town's Master Plan and finds that the proposed amendments are consistent therewith, and WHEREAS, the action will require compliance with General Municipal Law Section 239 -1 and 239 -m, and related provisions; and WHEREAS, there are no other Involved Agencies as defined by the SEQR Act, and the Interested Agencies are determined to be the Town of Lansing Planning Board, The Villages of Lansing and Cayuga Heights, the Towns of Ithaca, Dryden, Genoa, Locke, and Groton, the Counties of Tompkins and Cayuga, the Tompkins County Planning Board, and the New York State Department of Environmental Conservation; and WHEREAS, upon due consideration and deliberation by the Town Board, the Town Board has hereby RESOLVED, that a public hearing concerning the proposed amendments to the Land Use Ordinance be set for 8:05 p.m. on May 18, 2005 at the Town Hall at 29 Auburn Road, Lansing, New York 14882; and it is further RESOLVED, that a public hearing concerning the SEQR Long Form EAF review be set for 8:15 p.m. on May 18, 2005 at the Town Hall at 29 Auburn Road, Lansing, New York 14882; and it is further RESOLVED, that a copy of proposed Land Use Ordinance amendments be promptly filed by the Town Clerk in the Town Clerk's Offices, and that the same be made available for public review; and it is further RESOLVED that the Town Clerk provide notice and publication of this Resolution as required by law, including notification to all involved and interested agencies; and it is further RESOLVED, that the Town Board of the Town of Lansing be and hereby is designated as the Lead Agency for SEQR review of the proposed action, and copies of the SEQR material will be provided to the Interested Agencies and the public during the review process; and it is further RESOLVED, that the Town Clerk provide notice to the Tompkins County Planning Board as required by GML §§ 239 -1 and 239 -m. Proposed Local Law No. 3: RESOLU'T'ION 05 -090 Resolution Establishing Public Hearing for Environmental Review of the SUBDIVISION RULES AND REGULATIONS OF THE TOWN OF LANSING, Local Law Number 3 of 2005; and further, 119 Continued, April 27, 2005 A Resolution Establishing the Town as Lead Agency At a Special Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 27th day of April, 2005, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver — aye; Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, at the request of the Town Board the Planning Board has worked for over 6 years to update the Town of Lansing Subdivision Regulations, and has sought and incorporated the advice of the Town Board, the public, the ZBA,.the Code Enforcement Office, the Town's counsel, and others; and WHEREAS, a proposed Local Law has been generated and reviewed that will formalize such regulations; and WHEREAS, the Town has considered and carefully reviewed the requirements of the Town Law relative to subdivisions and the unique needs of the Town due to the topography, the lake, the soil types and distributions, and other natural features inherent in the Town, and the Town has taken into account the growth rate in the Town and, for these and many other reasons, the Town believes it is in the best interests of the Town to supersede the Town Law as pertains to subdivisions; and WHEREAS, after due and proper publication, posting and notice thereof, a public hearing was held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 20th day of April, 2005, at 8:00 o'clock P.M., to consider the aforesaid Local Law, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and WHEREAS, the Town Board hereby classifies the proposed action of adopting the amendments and updates to the Town's Subdivision Regulations as a Type I SEQR action pursuant to 6 NYCRR & 617.4(b)(1); and WHEREAS, there are no other Involved Agencies as defined by the SEQR Act, and the Interested Agencies are determined to be the Town of Lansing Planning Board, The Villages of Lansing and Cayuga Heights, the Towns of Ithaca, Dryden, Genoa, Locke, and Groton, the Counties of Tompkins and Cayuga, the Tompkins County Planning Board, and the New York State Department of Environmental Conservation; and WHEREAS, upon due consideration and deliberation by the Town Board, the Town Board has hereby RESOLVED, that a public hearing concerning the for 8:30 p.m. on May 18, 2005 at the Town Hall at 14882; and it is further RESOLVED, that a copy of proposed Local Law N the Town Clerk in the Town Clerk's Offices, and public review; and it is further SEQR Long Form EAF review be set 29 Auburn Road, Lansing, New York umber 3 of 2005 be promptly filed by that the same be made available for RESOLVED that the Town Clerk provide notice and publication of this Resolution as required by law, including notification to all involved and interested agencies; and it is further RESOLVED, that the Town Board of the Town of Lansing be and hereby is designated as the Lead Agency for SEQR review of the proposed action, and copies of the SEQR S iL Continued, April 27, 2005 material will be provided to the Interested Agencies and the public during the review process. Hygear Public Hearing: RESOLUTION 05 -091 Resolution Establishing Public Hearing for Special Use Permit re Hygear At a Special Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 27th day of April, 2005, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver — aye; Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, Hygear Suspension, a local business located at 8 Cayuga Vista Drive (adjacent to the Lansing Business and Technology Park), filed an application for a Special Use Permit ( "SUP ") to build and operate a test track; and WHEREAS, the owner of such property (tax map number 37.1. -2- 53.23), Ron Seacord, had previously given consent for such track to be built; and WHEREAS, the track is for research and testing, and not for recreational use; and WHEREAS, the Town Board had previously referred the application for a SUP to the Planning Board for review and input, and the Planning Board formally responded recommending approval with conditions; and WHEREAS, the applicant agreed with the conditions and acknowledged that such conditions were reasonable and that the SUP is subject to periodic future review and potential future revocation and the requirements of a public hearing; and WHEREAS, the Town has considered such recommended conditions and has examined the permitted B Zone uses and all neighboring uses; and WHEREAS, the Special Use Permit was approved subject to certain operational conditions as recited in Resolution 05 -076, and subject to a public hearing thereupon; and WHEREAS, upon a review and discussion of the matter, the Town Board of the Town of Lansing has hereby RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 18th day of May, 2005, at 8:45 o'clock P.M., to consider the aforesaid Special use Permit application, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a copy of this Resolution to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, in accord with law. Town Credit Card: RESOLUTION 05 -092 Resolution Authorizing the Town to Obtain a Town Credit Card Continued, April 27, 2005 At a Special Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 27th day of April, 2005, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver — aye; Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town has experienced need for a Town credit card for emergency purchasing and other purposes; and WHEREAS, the lending institution requires the Town Board to formally authorize by resolution the ability to obtain a credit card in the name of the Town; and WHEREAS, upon a review and discussion of the matter, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town be and hereby is authorized to obtain any one or more credit cards in the name of the Town, with a maximum limit of U.S. $5,000.00, upon such terms and with such institutions as the Supervisor deems advisable; and it is further RESOLVED, that the Supervisor be and hereby is authorized to sign such documents or agreements as may be required to obtain such credit; and it is further RESOLVED, that the Offices of the Supervisor (Steve Farkas) and the Budget Officer (Sharon Bowman) be and hereby are the authorized officers (and individuals) empowered to have signature authority for such account(s), including the making of charges against such account(s); and it is further RESOLVED, that the Supervisor shall generate such rules and regulations pertaining to the use and security of such accounts and credit cards as may be reasonably necessary to secure and protect such cards and accounts from intentional or accidental misuse. 05 -93 RESOLUTION, offered by Mr. McEver and seconded by Mr. Christopher: RESOLVED, that the Special Meeting is hereby adjourned at the call of the Supervisor at 12:18 p.m. Carried. Minutes taken and executed by the Town Clerk. 121