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Home My WebLink About02-11-19 APPROVED PLANNING BOARD MINUTES APPROVED Town of Lansing PLANNING BOARD MEETING Monday, February 11, 2019 6:30 PM Present Absent Jerry Caward, Chair Sandra Dennis Conlon Norman (Lin) Davidson Al Fiorille,Vice-Chair Larry Sharpsteen Dean Shea Deborah Trumbull Thomas Butler Alternate Dale Baker, Second Alternate Other Staff Mike Long, AICP Lynn Day, Zoning Officer Edward LaVigne, Town Supervisor Joe Wetmore, Town Board Member Doug Dake, Town Board Member Public Present (77) that signed in Joe Fiori Kurt Martin Rich VanEvery Marlo Weaver Carol Howell Dan Pierce Laura Huizinga Chairperson Jerry Caward enacted Thomas Butler as a voting member tonight. Motion to approve the planning board minutes for Tanuary 28,2019 meeting Larry Sharpsteen made a motion to approve the January 28, 2019 as amended. Thomas Butler seconded the motion. All in Favor - 7 Opposed - 0 Brief discussion on the difficulty of finding things on the Town Website. The Land Use Ordinance is one of them. Sue will update the website so that it's easy to find the Land Use Ordinance home page, the box labeled Land Use Ordinance contains documents related to ongoing discussions. The actual Land Use Ordinance will be the top choice until other items are added. The best and most consistent way to find the Land Use Ordinance, along with other Planning and Code Office documents & applications, is to click on departments, then Code &Inspections then Permit Index. Scroll down to Local Laws the 5th green title is "LAND USE ORDINANCE LOCAL LAWS: Click on the blue link to open/download LL_#1 of_2015_Land_Use_Ordinance.pdf. Yes, there are a few steps but all the material is alphabetized and will not be buried in new documents added to the page. Sue is available to assist the public and board members who ask for assistance - Call 607-533-7054, email tolcodes&lansingtown.com or stop by the office. Page 1 of 4 APPROVED Floor is open for any comments or concerns other than what is on the Agenda No public comments Discussion on supporting a Pilot Program for Nexamp Joe Fiori is present from Nexamp. - Nexamp has a project currently going through Site Plan review. They have requested a support letter from the Town to include with their submittal to the IDA for a payment in Liu of Taxes,which is commonly called a Pilot Program. The Town Board Supervisor, Edward LaVigne has asked the Planning Board to submit the recommendation to the Town Board whether they think it is a good idea or not. NYSERDA & some of the other organizations are trying to promote solar as a positive energy source as well as the Governor of New York. - Planning Board Member -The difference from the current assessment as agricultural land and the assessment that might be assigned to the solar farm would most likely increase the assessed value. The purpose of the Pilot Program is to provide an incentive to the developer by reducing the tax burden. The other side of the coin is the impact on the municipality by possibly lowering the tax rate from what the property is currently being taxed. There has to be some place in the middle that would be advantageous to the developer and to the town. Not sure, of the numbers that would be granted with this Pilot Program. - Joe Fiori-What he has experienced, the Pilot Tax rate would be much higher than the Agricultural Rate. The idea of the Pilot is to come up with a fair market value. Not necessarily, an incentive as it is a tool to allow the developer to know over time what the long-term tax rate will be showing. A 1 to 3% increase each year during the Pilot Program would be put in place. NYSERDA has tried to come up with a systematic way to assess the value of the Solar Farms and they have set up some guidelines. - Board asks -you are Proposing, $4,300 hundred a megawatt. Joe-Yes. Board-There are other solar farms in the County that are paying$6,000 and up to 8,000 per megawatt. The Fire Tax and special districts with in the Town of Lansing are not included in the IDA Pilot Program. - Joe -The solar farms that initially came on the market were compensated at a higher subsidy rate compared to the current market. The compensations available have steadily declined thus changing the margin for the cost of doing business to a much higher rate and reducing the net revenue. Nexamp is on a time crunch to apply for compensation before the availability expires in the current block. The only hold up is the Planning Board/Town Board approval. The next block of solar installations will be compensated at an even lower rate. Page 2 of 4 APPROVED The Planning Board is willing to discuss and consider supporting the IDA Pilot but would like to recommend to the IDA that Nexamp be taxed at the higher tax rate in the Solar Farm range for solar. In general, the Planning Board can make a recommendation to the Town Board that there should be a negotiation process that could try to get the best number for both sides. Therefore,you can make the project work and the Town has something that they can live with. The $4,300 per megawatt would be Town, County and School tax rate for the first year. The current agricultural tax is much lower than this rate. Only the portion of the parcel where the Solar Farm will be located would be considered in the IDA Pilot Program, the remainder of the property would be taxed as agricultural. Zoning Ordinance Update Subcommittee meeting Continued Discussion of Schedule I & II - It would be useful to have the Solar Law adopted by the Town Board. Included in the Solar Law is the wording for not allowing alternative energy uses on high-grade soil that farmers need to continue using. - The proposed LUO would allow residential into any of the zones, including IR, if that is where someone chooses to reside. It makes sence, as currently the IR areas have existing homes. - (SP) Special Use Permit. It is not allowed by right. The Town Board has the right to approve or deny the use. - Business Uses # 16 page 4 proposing to remove Retail sales, services & storage; marine and water oriented from L1 & L2 - Business Uses #18 page 4 proposed adding"including wineries &breweries" (not allowed in all zones. - Business Uses #19 page 4 proposed adding Banquet Hall/Reception Venue in the IR zone. - Business Uses #20 page 4 proposed adding Barber/beauty shop & similar personal services in the IR zone - Business Uses #21 page 4 proposed Photocopying, Printing & similar graphic services limit zoning areas due to the chemical nature of the business. - Business Uses #24 page 4 remove (except body work) - Business Uses #27 page 4 move &combine with Business Uses #14 page 4 - Business Uses New#27 page 4 add Dry Cleaner and allow in IR - Business Uses #30 page 4 move &combine with Business Uses #14 - Business Uses #30 Large Equipment Contractors &Landscaping Yard - Industrial/Research Uses #4 page 5 include in the IR zone Page 3 of 4 APPROVED - Industrial/Research Uses #5 page 5 remove from L1 &L2 &R3 zone - Utility &Miscellaneous Uses #2 page 6 should not be allowed in the R3, R4 & R4A zones - Utility &Miscellaneous Uses #3 page 6 all zones with an SP*will be switched to SC - Utility &Miscellaneous Uses #4 &5 page 6 include (per town Energy Ordinance) change R4 zone to N - Utility &Miscellaneous Uses #8 page 6 include (NYSDEC) and change IR to SP* - Utility &Miscellaneous Uses # 9 page 6 change R4 to N - Utility &Miscellaneous Uses #9a page 6 add verbiage to include up and coming communication equipment. Planning Update from Michael Long- Town of Lansing Planner - Dutch Harvest would like to be put on the Agenda for February 25, 2019. They should have the final SWPPP done by the end of the week, The size of the pond will be reduced on the site plan to avoid the DEC dam break analysis. - Nexamp -Will be on March 11, 2019 Agenda, waiting on the reclamation plan. - Osmica-Took the public comments from the public hearing and incorporated that into a response that was sent to all the board members and several of the neighbors. Planning Board Chair asked if there is anything else to be discussed. - A public comment from a local person strongly asking the board to remove Banquet Hall/Reception from the land use ordinance. - The Osmica Public Hearing is still open and the Planning Board is accepting written and verbal comments at the next meeting on February 25, 2019. The public will be expected to limit their comments to new items not already shared at previous meetings and asked to respect the 3 minute maximum speaking time per speaker and the public will be expected to remain in their seats as an individual comes forward to speak. Adjourned Meeting Meeting adjourned at the call of the Planning Board Chair at 9:00 pm. Minutes executed by Sue Munson. Page 4 of 4