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HomeMy WebLinkAbout11-26-2018 APPROVED PB MINUTES APPROVED Town of Lansing PLANNING BOARD MEETING Monday, November 26, 2018 6:30 PM Present Absent Tom Ellis, Chairperson Sandra Dennis Conlon Jerry Caward, Vice-Chairperson Norman (Lin) Davidson Al Fiorille Larry Sharpsteen Deborah Trumbull Dean Shea, Alternate Thomas Butler, Second Alternate Other Staff Mike Long, AICP Lynn Day, Zoning Officer Edward LaVigne, Town Supervisor Sue Munson Guy Krogh, Town Attorney Joseph Wetmore, Council Person Public Present (21) that signed in Laura Huizinga Amy Frith Sue Ruoff Steve Ruoff John Andersson, PE Sally Espinosa Joe Fiori Chris Milner Barry Ford Ben Monoghan Christy Cable Erin Socha Dan Veaner Robin Cargian Dan Yanosh, PE Tonia Landon Ricky Landon Charles Faruol Kristin Tobias John A. Huether John E. Huether Chairperson Tom Ellis called the Planning Board Meeting to order at 6:30 PM. Chairperson Tom Ellis enacted Dean Shea due to an absent voting member this evening. Motion to approve the planning board minutes for October 22, 2018 meeting Dean Shea made a motion to approve the October 22, 2018 minutes with modifications. Larry Sharpsteen seconded the motion. All in Favor - 7 Opposed - 0 Floor is open for any comments or concerns other than what is on the Agenda Edward LaVigne the Town Supervisor gave a thank you for your service to the Planning Board and to Tom Ellis for his 13 years of service to the Town. The Town Board will soon be working on their organizational meeting and as Tom is stepping down one of the other members will be stepping up. With the shift of roles with in the Board, it opens up the Second Alternate Position. The Position has been advertised with a deadline of December 9, 2018. To date, no applicants have applied. Page 1 of 17 APPROVED Note: anyone that would like to ask questions about Dutch Harvest Farms. Please ask your questions now as we have removed them from tonight's agenda. Still waiting on the Engineers review on stormwater. No additional comments from the public. Chairman Tom Ellis read a recommendation letter that will be given to the Town Board for the 2019 Planning Board Officers. The Town Board will vote on the Planning Board Officers during their Organizational meeting in January. TOWN.of LANSING "� we of laedwirX,�Idrie„lreirw�9rrnxr Reedly,• #, 20hltnr.,r1AINFLNGAND CODU rspopA:rfm Yf y�5 ti Box k9G ranum;,Jff J&H2 .�� b-m�� Ftka�eat�ri.i�i��7o-nr�ixm November 25,21018 15dward LaVGgne,Town Supervisor 29 Auburn Road Lansing,NY14882 Gear Supervisor LaVigp4, At the request of the phnning jrrard,Jt was recommended that the Town Beard r� appoInt Ai fiprille as a rn"f er of the Plaonang Board for an add Itiona I term of seven(7) +!ears,Efl[Ktlae January 1r Ala through decgmber 31,M5. In addmon,the PtwrLing guard recommends that the Town Board re-aDpoknt dean Shea a$Mptrng member of the Plannldg 10arr1 rePLXI rii;ram Ellis For an addrtw msi t-d m of pne(1}year.Effective January 1,2019 thro rgh Decereiber 31,201!1- In addatiorir the PWraalrwg 9oard f"omrnends that the Town Board re-appoint Th"&% Butler as a first ailt-arnate member 4f the Planning chard for a Dne(11 year term. Effective fbrwary 1,2019 Th-rough Vecemhef 31,2019- in addition,the Planning Baud recommends that the Town Board%We khe officers as ftOpw5-Jerry Caward,Chaorman and,A FrDrMle Vice Chairman. Tom Ellis Pannmig Board Chaiman QC"Planning department Motion to recommend the 2019 Planning Board Officers to the Town Board for next years appointments Larry Sharpsteen made a motion to recommend the 2019 Planning Board Officers to the Town Board for next year's appointments. Lin Davidson seconded the motion. All in Favor - 7 Opposed - 0 Page 2 of 17 APPROVED Glenn Cobb Subdivision Approval. Applicant is requesting to subdivide 4.006 acres from his property. Location: 407 Old Orchard Road in the Lakeshore Zone (L1) Tax Parcel # 12.- 1-15.321 The Board reviewed the new survey map that was requested at the last meeting. Guy Krogh, Town Attorney drafted the resolution with the waivers included. The public hearing was waived at the last meeting. The neighbor is purchasing four+ acres to join to his parcel, providing a buffer to their existing house at 407 Old Orchard Road. RESOLUTION PB 18-15 TOWN OF LANSING PLANNING BOARD RESOLUTION APPROVING COBB 2-LOT MINOR SUBDIVISION FINAL PLAT,WITH CONDITIONS, AT OLD ORCHARD ROAD WHEREAS, an application was made by Harris Beach, PLLC, for owner Glenn Cobb, for a two-lot subdivision approval, (creating one new lot to be merged with an existing adjacent separate tax parcel at 407 Old Orchard Road), Lansing, New York, and otherwise known as Tax Parcel #12.-1-15.321 consisting of a total of 11.572 + acres, in the L1 (Lakeshore) Zone; and WHEREAS,the proposed subdivision, as shown on a"Preliminary Plat Subdivision Map showing part of lands of Glenn Cobb located on Old Orchard Road, Tompkins County, Town of Lansing,New York," by T.G. Miller P.C. Surveying dated 6/15/2018 and revised 11/8/2018 consists of proposed area of 4.006 acres to be merged with the adjacent parcel and"remaining lands area of 7.566 acres"; and WHEREAS,the Planning Board has considered and carefully reviewed the requirements of the Town's local laws relative to subdivisions and the unique needs of the Town due to the topography,the soil types and distributions, and other natural and man-made features upon and surrounding the area of the proposed subdivision, and the Planning Board has also considered the Town's Comprehensive Plan and compliance therewith; and WHEREAS, this proposed lot to be subdivided to create an addition lot when merged as proposed meet the current definitions and requirements for a minor subdivision in that the subdivision is only for 2 lots and, there are no additional roads or infrastructure proposed to be developed, and the lots conform to zoning requirements; and WHEREAS, a negative declaration of environmental impacts was duly issued on October 22, 2018 under the State Environmental Quality Review Act(SEQRA) in respect of this action, and it is further noted that this action is exempt from the General Municipal Law County Planning referral requirements of General Municipal Law ("GML") §§ 239-1, 239-m, and 239-n through an Inter- Governmental Agreement between the Tompkins County Planning Department and the Town of Lansing dated December 17, 2003, as "residential subdivisions of fewer than 5 lots all of which comply with local zoning standards and Tompkins County Sanitary Code requirements, and do not involve new local roads or streets directly accessing a State or county road" are excluded from GML referral requirements; and WHEREAS, on October 22, 2018 the Planning Board reviewed and considered the aforementioned subdivision application in the Lansing Town Hall, 29 Auburn Road, Lansing,New York 14882 and duly waived the a public hearing on the Minor subdivision application as no new building lots were being created and there is thus no impacts upon neighborhoods, roads, or infrastructure, and such Page 3 of 17 APPROVED waiver is again issued for the reasons set forth below for certain subdivision requirements under § 6, and all and all evidence and comments were considered, along and together with the requirements of the Town's subdivision regulations, existing development in the surrounding area, the public facilities and services available, the Town's Comprehensive Plan and the Land Use Ordinance, site characteristics and issues, and any potential on and off site environmental impacts; and WHEREAS, upon due consideration and deliberation by the Town of Lansing Planning Board, now therefore be it RESOLVED AS FOLLOWS: 1. Pursuant to§ 12 of Local Law#3 of 2016(the Subdivision Local Law)the Planning Board hereby grants a waiver to consider the survey as delivered as the equivalent of a final plat, subject to the conditions of approval below, and in connection therewith the Planning Board finds that the following waivers are appropriate due to the nature of this application: a. Strict enforcement of§ 6 is not warranted as: (i) there is no need for 7 sketch plans and 14 plat maps for a one-lot subdivision when no new building lots or infrastructure are being developed or created; (ii)no stormwater analysis or SWPPP is required per subdivision B, including as no ground disturbances are propose or likely in the future; (iii) per subdivisions D and E there are no roadway improvements, there is an existing private road, and there is no need for building permits in respect of this application; (iv)per subdivision D and E, any needed modifications of the survey or plat were duly addressed at sketch plan review; (v)per subdivision E, there is no need for sanitation or utility mapping as no improvements are proposed, there is no need for formal subdivision naming, and no need for stormwater mappings; (vi) for the reasons noted above and the findings stated below, a public hearing (subdivision F) was not deemed required. b. Strict enforcement of§ 10 design and development standards was also waived, in that there is no need to manage land development patterns with a one-lot subdivision followed by lot mergers, and there are thus no blocks so created; there are no culverts or curb cuts needed; there are no non- conforming lots created; no roads development or access issues arise, including as no new building lots are being created;there is no disturbance of existing natural features; there is no need for utilities or utility mapping, and no need for parks or open space analyses as, again, no new lots are being created. c. Strict enforcement of§ 11 is not required as there is no mandated infrastructure development or improvements for roads, utilities or stormwater, such that there is also therefore no need for performance guarantees or bonds. Therefore, the above waivers are issued as the Planning Board has found that: (i) granting these waivers would be keeping with the intent and spirit of the subdivision law, including as this proposal effects no adverse change in the land, utilizes no resources, impacts no natural or manmade features, and does not increase demand for any services or utilities, as this application will merely transfer 4.006 acres to an existing developed tax parcel #12-1-15.362 and duly legally merge such parcels, producing in the end no negative impacts on the community of the neighborhood; (ii)as noted,there is no adverse effect upon the character, appearance, or welfare of any neighborhood or the environment; (iii) denying the waiver would result in undue hardship in terms of imposing extra time and expense when no impact to the land would occur and no benefit would be conferred by strict adherence to all technicalities of minor subdivision review would be obtained, and it is hereby expressly found that this hardship has not been self-imposed; and (iv) the waiver is the minimum necessary degree of variation from the requirements of the subdivision local law as is necessary to alleviate the hardship and need for such waivers per said § 12 of the town's subdivision local law; and it is further Page 4 of 17 APPROVED 2. The Town of Lansing Planning Board grants Final Plat Approval of the Application for a two- lot subdivision of certain land located at Old Orchard Road, Lansing, New York, and that the afore- described survey map shall suffice as a Final Plat when so amended in accordance with the following conditions: a. The Survey Map shall be re-labelled as a "Minor Subdivision Final Plat" and all other plat requirements, for good cause as shown, shall be waived in connection with such final plat, including the various requirements of Local Law#3 of 2016, § 6(B)in that the location and prior history of the lot and the land development area in which such lot and parcels are situate is in conformance with zoning and substantially similar to all other nearby lots. b. The sealing and endorsement of such Minor Subdivision Final Plat by the Planning Board Chair, thereafter presenting and obtaining the signing of the plat by Tompkins County Assessment Department stamp followed by filing in the Tompkins County Clerk's Office, followed by provision of proof of such filing within the time limit requirements with the Town of Lansing Code Enforcement Office. c. The merger through the Tompkins County Tax Assessment Office of the proposed parcel of 4.006 Acres to the same ownership of 407 Old Orchard Road Tax Parcel 15.-1-362 of 3.04 +/- acres into one larger tax parcel of 7.046 +/- acres. parcel, and upon the filing of such merger, which shall be accomplished within 30 days of the date of sealing of the plat or at the time of the title and land transfer,whichever later occurs,the lot so subdivided is and shall be taken subject to the requirement that the title to such subdivided and neighboring lot legally merge and become one and only one parcel, and that any re-subdivision is subject to review and approval by the Town of Lansing Planning Board as a land division, subdivision, or other review in accord with Town subdivision rules and codes, NYS subdivision laws, and the rules and regulations of the NYS and Tompkins County Department of Health. This condition of merger shall be stated upon the face of the final plat. November 26, 2018 Motion by: Deborah Trumbull Seconded by: Dean Shea VOTE AS FOLLOWS: Jerry Caward—Aye N.Lin Davidson—Aye Al Fiorille—Aye Larry Sharpsteen—Aye Deborah Trumbull—Aye Dean Shea,Alternate—Aye Thomas Ellis—Aye PUBLIC HEARING -Allison Hogue, Trustee Subdivision Application Review with Approval or Denial. Applicant is requesting to subdivide 25 acres of land from tax parcel 15.4-25.2 and transfer to adjacent parcel 15.4-26.2. Location: 47 Ludlow Road in Rural Agricultural Zoning (RA) Tax Parcel 15.4-25.2 Applicant Allison Hogue is requesting to create a 2 lot subdivision by selling 25 +/-acres to the adjacent neighbor who will then merge the 25 acres to their existing parcel. Page 5 of 17 APPROVED As this is a creation of two lots which will require the new lot to be merged as a condition of approval with an existing adjacent property without infrastructure, this would be considered a minor 2 lot subdivision. Hogue Survey map was reviewed. Allison Hogue answered any questions from the Planning Board. Motion to Open the Public Hearing for Hogue Subdivision Larry Sharpsteen made a motion to Open the Public Hearing for Hogue Subdivision at 6:54 pm. Lin Davidson Seconded the motion. All in Favor - 7 Opposed - 0 A neighbor asked what the new owner's plans are for the 25 acres. The Planner has been told it is for a small organic farm. No other public comments were made. Motion to Close the Public Hearing for the Hogue Subdivision Dean Shea made a motion to Close the Public Hearing for the Hogue Subdivision at 6:58 pm. Deborah Trumbull Seconded the motion. All in Favor - 7 Opposed - 0 SEQRA Review of the Hogue Subdivision SEAF forms Part 1 was reviewed by the Planning Board, with recommendations to change: page 1 #4 Forest should also be checked Page 2 #12 b. answer should be No Review of Part 2 and 3 resulted in a "Negative Determination of Environmental Significance". RESOLUTION PB 18-16 TOWN OF LANSING PLANNING BOARD RESOLUTION OF STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) NEGATIVE DECLARATION FOR THE PROPOSED HOGUE TRUST 2-LOT MINOR SUBDIVISION WHEREAS, an application was made by Allison Hogue, Trustee of the D. E. Hogue Trust for a two-lot subdivision approval, (creating one new lot to be merged with an existing adjacent separate tax parcel), at 47 Ludlow Road, Lansing, New York, and otherwise known as Tax Parcel #15.4-25.2 consisting of a total of 90.29 ±acres, in the RA (Rural Agriculture) Zone; and WHEREAS, the proposed subdivision, as shown on a "Proposed Subdivision Plat Lands of Hogue Trust" 47 Ludlow Road, Tompkins County, Town of Lansing,New York,"by Reagan Land Surveying dated 9/27/2018 consists of proposed Parcels 1 of 25.0 acres and Parcel 2 of 65.29 acres; and WHEREAS,this proposed action is an Unlisted Action for which the Town of Lansing Planning Board is an involved agency for the purposes of environmental review, and a public hearing was duly noticed and held upon November 26, 2018 to consider such minor subdivision and the potential environmental impacts thereof, and the public was free to provide opinions and evidence in respect of such matters and such matters were duly considered; and Page 6 of 17 APPROVED WHEREAS, the Town of Lansing Planning Board, in performing its independent and uncoordinated environmental review in accordance with Article 8 of the New York State Environmental Conservation Law - the State Environmental Quality Review Act ("SEQRA"), (i) pursued its thorough review of the applicant's completed Environmental Assessment Form Part 1,and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, and (ii) thoroughly analyzed the potential relevant areas of environmental concern of the project to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 617.7(c), and(iii) reviewed and completed the EAF, Part II on the record; and WHEREAS, each of the identified impacts were analyzed and duly considered by the Planning Board, as Lead Agency, in relation to the question of whether such impacts were so probable of occurring or so significant as to require a positive declaration of environmental impacts, and after weighing the potential impacts arising from or in connection with this site plan approval, and after also considering: (i) the probability of each potential impact occurring, including weighing the highly speculative nature of some potential future contingencies and the potential non-highly speculative nature of others; (ii)the duration of each potential impact; (iii) the irreversibility of each potential impact, including a consideration of permanently lost resources of value; (iv) whether each potential impact can or will be controlled or mitigated by permitting, reviews, or other regulatory processes; (v) the regional consequence of the potential impacts; (vi)the potential for each impact to be or become inconsistent with the Town's Master Plan or Comprehensive Plan and local needs and goals; and (vii) whether any known objections to the Project relate to any of the identified potential impacts; the Planning Board found that these factors did not cause any potential negative environmental or related social or resource impact to be or be likely to become a moderate or significant negative impact; and NOW, THEREFORE,BE IT RESOLVED AS FOLLOWS: RESOLVED,that the Planning Board of the Town of Lansing be and hereby is again declared as Lead Agency for an uncoordinated SEQRA review; and it is FURTHER RESOLVED,that the Town of Lansing Planning Board,based upon(i)its thorough review of the SEAF, Part 1, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) its thorough review of the potential relevant areas of environmental concern of the proposed project to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 617.7(c), and (iii) its completion of the SEAF, Part 2 and its determination at Part 3, including any findings noted therein (which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance ("NEGATIVE DECLARATION") in accordance with SEQRA for the above referenced proposed action, and determines that an Environmental Impact Statement will not be required; and it is further FURTHER RESOLVED that a responsible Officer of the Town of Lansing is hereby authorized and directed to complete and sign, as required, the determination of significance, confirming the foregoing Negative Declaration,which fully completed and signed EAF and determination of significance shall be incorporated by reference in these resolutions. Dated: November 26, 2018 Motion by: Lin Davidson Seconded by: Larry Sharpsteen Page 7 of 17 APPROVED VOTE AS FOLLOWS: Jerry Caward—Aye N.Lin Davidson -Aye Al Fiorille—Aye Larry Sharpsteen—Aye Deborah Trumbull—Aye Dean Shea,Alternate -Aye Thomas Ellis -Aye RESOLUTION PB 18-17 TOWN OF LANSING PLANNING BOARD RESOLUTION APPROVING HOGUE TRUST 2-LOT MINOR SUBDIVISION FINAL PLAT,WITH CONDITIONS,AT 47 LUDLOW ROAD WHEREAS, an application was made by Allison Hogue, Trustee for the D.E. Hogue Trust for a two- lot subdivision approval,thus creating one new lot(to be combined with the existing adjacent tax parcel), at 47 Ludlow Road, Lansing, New York, and otherwise known as Tax Parcel #15.1.-1-25.2, consisting of a total of 90.29±acres, in the RA (Rural Agriculture) Zone, and such proposed subdivision is shown on a"Proposed Subdivision Plat-Lands of Hogue Trust", located at 47 Ludlow Road, Town of Lansing, Tompkins County, New York," dated September 27, 2018 by Reagan Land Surveying, and consists of Parcel 1 of 25.0 acres and Parcel 2 of 65.29 acres; and WHEREAS,the Planning Board has considered and carefully reviewed the requirements of the Town's local laws relative to subdivisions and the unique needs of the Town due to the topography,the soil types and distributions, and other natural and man-made features upon and surrounding the area of the proposed subdivision, and the Planning Board has also considered the Town's Comprehensive Plan and compliance therewith; and WHEREAS, this proposed lot to be subdivided to create an addition lot with woods and agricultural field and each such proposed Lots when merged as proposed meet the current definitions and requirements for a minor subdivision in that the subdivision is only for 2 lots and, there are no roads or infrastructure proposed to be developed, and the lots conform to zoning requirements; and WHEREAS, a negative declaration of environmental impacts was duly issued under the State Environmental Quality Review Act (SEQRA) in respect of this action, and it is further noted that this action is exempt from the General Municipal Law County Planning referral requirements of General Municipal Law("GML") §§ 239-1, 239-m, and 239-n through an Inter-Governmental Agreement between the Tompkins County Planning Department and the Town of Lansing dated December 17, 2003, as "residential subdivisions of fewer than 5 lots all of which comply with local zoning standards and Tompkins County Sanitary Code requirements, and do not involve new local roads or streets directly accessing a State or county road" are excluded from GML referral requirements; and WHEREAS, on November 26, 2018, the Planning Board reviewed and considered the aforementioned subdivision application in the Lansing Town Hall, 29 Auburn Road, Lansing,New York 14882 and duly held a public hearing on the Minor subdivision application or its SEQRA review, and all evidence and comments were considered, along and together with the requirements of the Town's subdivision regulations, existing development in the surrounding area, the public facilities and services available, Page 8 of 17 APPROVED the Town's Comprehensive Plan and the Land Use Ordinance, site characteristics and issues, and any potential on and off site environmental impacts; and WHEREAS, upon due consideration and deliberation by the Town of Lansing Planning Board, now therefore be it RESOLVED, that pursuant to § 12 of Local Law#3 of 2016 (the Subdivision Local Law)the Planning Board hereby grants a waiver to consider the survey as delivered as the equivalent of a final plat, and finds that waiving the requirements of § 6 and related platting requirements of such local law is here warranted as: (i) granting these waivers would be keeping with the intent and spirit of the subdivision law as it effects no adverse change in the land, and this application will transfer 25 acres to an existing developed tax parcel#15.1-1-26.2, such that no negative impact on the community is expected; (ii)there is no adverse effect upon the character, appearance,or welfare of any neighborhood or the environment;; (iii) denying the waiver would result in undue hardship in terms of imposing extra time and expense when no impact to the land or this approval would be accomplished by strict compliance, and it is expressly found that this hardship has not been self-imposed; and (iv) the waiver is the minimum necessary degree of variation from the requirements of said subdivision local law to alleviate the hardship and need for such waiver per said § 12 of such subdivision local law; and it is further RESOLVED, that the Town of Lansing Planning Board grants Final Plat Approval of the Application for a two-lot subdivision of certain land located at 47 Ludlow Road, Lansing, New York, and that the afore-described survey map shall suffice as a Final Plat when so amended in accordance with the following conditions: 1. The Survey Map shall be re-labelled as a "Minor Subdivision Final Plat" and all other plat requirements, for good cause as shown, shall be waived in connection with such final plat, including the various requirements of Local Law#3 of 2016, § 6(B)in that the location and prior history of the lot and the land development area in which such lot and parcels are situate is in conformance with zoning and substantially similar to all other nearby lots. 2. The sealing and endorsement of such Minor Subdivision Final Plat by the Planning Board Chair, thereafter presenting and obtaining the signing of the plat by Tompkins County Assessment Department stamp followed by filing in the Tompkins County Clerk's Office,followed by provision of proof of such filing within the time limit requirements with the Town of Lansing Code Enforcement Office. 3. The merger through the Tompkins County Tax Assessment Office of the Proposed Parcel 1 of 25.0 Acres to the same ownership of Tax Parcel 15.4-26.2 into one larger tax parcel, and upon the filing of such merger, which shall be accomplished within 30 days of the date of sealing of the plat or at the time of the title and land transfer, whichever later occurs, the lot so subdivided is and shall be taken subject to the requirement that the title to such subdivided and neighboring lot legally merge and become one and only one parcel, and that any re-subdivision is subject to review and approval by the Town of Lansing Planning Board as a land division, subdivision, or other review in accord with Town subdivision rules and codes,NYS subdivision laws, and the rules and regulations of the NYS and Tompkins County Department of Health. This condition of merger shall be stated upon the face of the final plat. November 26, 2018 Motion by: Deborah Trumbull Seconded by: Lin Davidson Page 9 of 17 APPROVED VOTE AS FOLLOWS: Jerry Caward—Aye N. Lin Davidson -Aye Al Fiorille—Aye Larry Sharpsteen—Aye Deborah Trumbull—Aye Dean Shea,Alternate -Aye Thomas Ellis -Aye PUBLIC HEARING -Nexamp SEQRA & Site Plan Application Review. Applicant is Joseph Fiori/Wayne &Doris Straw requesting to lease property to Nexamp for a 5MW AC Community Solar Array on 24 of the 44.1 acres. Location: 339 Terry Smith Road in the Rural Agricultural Zone (RA) Tax Parcel # 16.4-10 Joe Fiori and Dan Yanosh gave a presentation Summary of Questions and Answers between Joe/Dan and the Planning Board: - Nexamp is leasing 24 acres from Wayne&Doris Straw. - The Electric will be buried 24" deep. - The two converter lines will be buried in 3" or 4" PVC also 24" deep - The main Electric will run along the West side of the project next to the Farm Access Rd. - Remediation of the buried conduit will need to be included in the decommission plan. - The depth of 24" is beneficial in avoiding the drainage tiles located just below that depth. - Driveway and concrete pads will also be removed during decommissioning. - A request for detailed list of what components are inside the panels and an MSDS sheets on all components. - The maintenance plan for the grass is to hire a farm that will drop off sheep. It has worked at other solar locations. If by chance it does not work,the backup plan is to pay someone to mow the property. Native grass species will be planted and No spraying of the area will occur. - Pilings will only be drilled if they run into bedrock - Geo Tech Study will be completed closer to construction. - Nexamp will advertise via community meetings,informational sessions,farmers markets,etc. - Nexamp offers 10% reduction off your electric bill for all those in the NYSEG service area. There is no sign up fee and no termination fee. The Program is in place for 25 years. - The Decommissioning Plan will be reviewed by the Town Board and Town Attorney and for the approval process. - Request material specifications and details of the solar panels, etc.for potential environmental issues. Nexamp will provide. - Their construction manager will check the site throughout the mitigation as needed. - Possibly five to six months for construction phase,this is based off Newfield's Project. - Lynn Day,Lansing Town Code Enforcement Officer requires an 8' high fence around the perimeter to be consistent with the wording in the proposed Solar and wind local law and the Cornell Solar Farm was required to put in the 8' fence. Nexamp says,NYS Electric Code is only 7 in height. - The Site Plan will be forwarded to the Town of Lansing Fire Chief for review. Page 10 of 17 APPROVED - Nexamp provides a training with first responders when construction is completed. - No lighting and required signage only on the fence. - Nexamp will be required to submit an Agricultural remediation plan for compliance with recommendations of the NYS Ag&Markets Laws and Recommendations by Tompkins County Planning - The draft remediation plan identifies a possible salvage value of equipment,however the remediation costs guarantee should be for all the costs associated with removal. Motion to Open the Public Hearing for Nexamp 5MW AC Community Solar Array Larry Sharpsteen made a motion to Open the Public Hearing for Nexamp 5MW AC Community Solar Array at 7:43 pm. Lin Davidson Seconded the motion. All in Favor - 7 Opposed - 0 Neighbor west to this property is concerned with the stormwater runoff as he is downhill. He is also concerned with chemical components within the panels. What if the panel breaks? - Extreme fire could cause a problem. - The threat of contamination is very low. Nexamp will provide a materials list and details of where the solar panels were produced and manufacture's product label. - Inverters oils are non-toxic and are contained. - Any damaged drain tiles will be fixed - The Towns Engineer reviews storm water. The stormwater plan will mitigate water issues. - The Environmental Assessment will take into consideration impacts to the local neighborhood. Another person asked for the name of the panels that will be used on this project. - MSDS information will be available upon the receipt by the Town. - Equipment broken will be removed and disposed of properly. - Change of ownership the Town will require notification. - Decommissioning could take up to six months to get started after the site is vacated due to weather and soil conditions. - Land Owner and Town should be listed as an additional insured/third party. To keep updated on the insurance coverage. - Marketing will go out to Lansing first then expanded as needed. - The County Pilot Program will offer them tax breaks. The Town will still see a small increase from the current Ag exemptions that the property currently receives. Special Districts like the Fire Tax will not be reduced by the Pilot Program. Chairman Tom Ellis is leaving the Public Hearing OPEN. The Public may continue to ask question about the project at this time. Comments can be mailed to: Planning Department, 29 Auburn Road or emailed to tolcodes@lansingtown.com. Page 11 of 17 APPROVED Nexamp will: - Send the Material Safety Data Sheet (MSDS) information, for the chemicals in the solar panels, to the Town. - Revisions to the Decommissioning Plan will be updated. - Plan to meet again in January. (all information will be in hand 3 weeks prior to the meeting). - Revisions required to the SWPPP based on T. G. Miller review letter. Town of Lansing will be the Lead Agency of this project. East Shore Christian Fellowship Amended Site Plan. Revised the grading and driveway parking layout. Added a pedestrian ramp up to a new covered main entrance. - Revision reduces impermeable surfaces - Revisions still maintain a 25' buffer from the stream. - Handicap ramp is in the NE corner close to parking. - Accessible Pedestrian walk along the front. - Water is diverted to the SE green space to avoid creek. - Culvert has been extended - Three Conifer trees will be planted. - The amended plan follows the recommendations of the County 239. - Green Space is Lawn. - Plan offers 43 parking spots. They are still in compliance with code. - T.G. Miller Engineers will not be reviewing the modifications as it falls below the required threshold. RESOLUTION PB 18-17 RESOLUTION APPROVING SITE PLAN AND AMENDING AGAIN THE SITE PLAN APPROVAL FOR EXPANSION OF FACILITIES AT CHRISTIAN FELLOWSHIP CHURCH—2049 EAST SHORE DRIVE WHEREAS, an application was made by the Christian Fellowship Church for a prior site plan review and approval, and the same approved by the Town of Lansing Planning Board by Resolution PB 16-13 (August 8, 2016) for the construction of a fellowship hall addition related site improvements to an existing 2,900 SF church located at 2049 East Shore Drive, Lansing,New York,upon lands also known as TPN 37.1-2-46, located in the B1 Commercial Mixed-Use Zone and being approximately 2.33f acres in size; and WHEREAS, the previously approved site plan has been approved on June 25, 2018 modified to: (i) add a basement area; (ii) demolish the existing 1,300± SF auxiliary building; (iii) add 2,600 SF of meeting rooms, restrooms, office space, and a lobby; (iv) add a 600� SF covered porch; (v) for a new total building size of 6,100 SF; and (vi) with improved and impaired and handicap access, replacement and upgrading of the existing driveway culvert, relocation of the existing parking area, adding additional parking spaces, and adding additional stormwater drainage improvements on the existing site; and Page 12 of 17 APPROVED WHEREAS, the site plan is further being revised parking lot and site plan configuration modified to utilize more of the existing parking area and the reduce proposed walks and the originally proposed additional parking area proposed to the east which will provide the required 43 parking spaces; and WHEREAS, the total site impacts increase by less than 10% as the improvements are mainly located within existing building and improvement footprints, and the new area of total disturbance has been calculated as 0.125±acres (upon the 2.33±acre parcel), and such amended site plan required an updated review and approval under the Town's Land Use Ordinance ("LUO") § 701.7 (Modifications of Site Plans), as well as a re-review of the prior approval and its conditions, as well as a review of the prior environmental review and the then-issued SEQRA negative declaration; and WHEREAS,the owner completed an updated Stormwater Plan for considering the additional impacts of development on the site and the stormwater system, and the same was reviewed and generally approved by the Town Engineer; and WHEREAS, a General Municipal Law § 239 referral was delivered to, and a review dated July 15, 2016 was received from, the Tompkins County Planning Department, which determined that the proposed action recommended that, as the site was previously developed that a 25-foot setback be maintained along the existing creek, and a re-review of the modified site plan was delivered to the County and the County replied upon November 13, 2018 that no changes in their prior comments was required and the same were continued; and WHEREAS, the Planning Board has again considered and carefully reviewed the requirements of the LUO relative to site plan review,the unique needs of the Town due to the topography,the soil types and distribution, and other natural and man-made features upon and surrounding the area of the proposed site plan, and the Planning Board has also considered the zoning in the area and the project in light of the Town's Comprehensive Plan and compliance therewith, and the Planning Board has again reviewed and considered the aforementioned amended site plan application and determined that no public hearing is required for this site plan due to its small size, the fact that no new stormwater permanent practices are triggered and no SEQRA or 239 impacts were found, the use is a permitted use within an B1 Commercial Mixed Use Zone, and the fact that this is an addition to an already existing developed site; and WHEREAS,the prior SEQRA negative declaration was examined and the standards therein re-reviewed by the Town relative to the question of whether any of these site plan changes,whether as to disturbances, size, or placement, make any actual or potential impact likely to be or become moderate or significant, and such review shows that all such impacts remain non-impacts or minor impacts, including because the impacts were duly mitigated by the development review process and site planning conditions, and because the changes were minor and made only in relation to an already improved site and previously approved site plan, such that the prior negative declaration under SEQRA be and hereby is incorporated and continued; and WHEREAS, on June 25, 2018 and again on November 26, 2018, the Planning Board duly considered the proposed site plan amendments in accordance with the provisions of LUO § 701.4 et seq., including concerns addressing site drainage, lighting, nearby residences, landscaping,parking, buffering, screening, driveways, and any potential on and off site environmental impacts, and upon due consideration thereupon and deliberation by the Town of Lansing Planning Board, now therefore be it RESOLVED, that the Christian Fellowship Church amended site plan application for the proposed demolition of the existing 1,300 SF auxiliary building, and construction of 2,200 SF building additions Page 13 of 17 APPROVED plus a Lobby of 380 SF and a Porch of 600 SF,together with general site and area improvements located at 2049 East Shore Drive, Lansing, New York, be and hereby is granted and approved, subject to the following conditions: 1. Site plan approvals shall include the original application and materials as prepared by John Andersson, P.E. as further amended by a new site plan prepared by Timothy C. Buhl, P.E. dated 11-5- 2018. Additionally, except for approved vegetative buffers, a riparian no-disturbance setback shall be observed and be, at all times and locations, the greater of 25' or the distance shown upon the updated site plans, as herein so approved. 2. Submission of an approved, general list comparing the changes to the proposed site plan, including at a minimum; (i)square footage comparisons for each element of the site plan,including open space; (ii) the number and arrangement of floors or offset levels for the buildings and structures as proposed; (iii) changes in parking configurations and designs, as well as pedestrian and driveway routes and facilities; (iv) landscaping and setback changes; (v) any changes in site lighting or signage; (vi) building and construction elevations and site slopes; and (vii) stormwater facilities and locations. No building permits may be issued until this list is submitted and approved as to its form and detail by the Town Planner or Code Enforcement Officer. Once submitted and approved, such list shall be and remain a part of this site plan approval. 3. Verification that the existing stormwater system and features are properly working prior to issuance of any CO or the close-out of any building permit. 4. Building Permits will be required to construct the approved building additions, and such plans must meet all code requirements, be sealed by a licensed engineer or architect, and be constructed in compliance with all building code requirements. 5. Completion of the site plan improvements as shown upon the Site Plans, and specifically including the installation of vegetative buffering as meets the following goals: (a) all buffering shall be designed to provide both visual cover buffering and sound baffling features, and thus emphasis shall be placed upon solid cover barriers, such as hedges and offset rows of evergreen trees, or large or densely placed deciduous trees with variable heights and interspersed with evergreens or other plants as provide for such cover and buffering; and(b)developer and landowner(s)(and their existing and future tenants), as an express condition of site plan and special use permit approvals (the violation of which shall be a violation of the Land Use Ordinance and Town Law § 135, and enforceable as such), shall hereafter and at all times: (1) properly protect and maintain such trees and other vegetative buffers as healthy and natural non-invasive vegetation designed to provide both visual and sound buffering; (2) promptly remove and replace any dead, diseased, or dying trees or plants; (3) promptly replace, supplement, enhance, or otherwise effect changes in buffers whenever such buffers, or any plants therein, whether singularly or in combination due to lack of growth, death, recession, disease or other cause, cease to function as buffers as afore-required; and(4) effect such maintenance in a manner as promotes the goals of such buffers as stated in this site plan approval. This condition shall be deemed to augment and further define prior site plan approval conditions and site plan features hereby or heretofore approved by the Town. November 26, 2018 Motion by: Lin Davidson Seconded by: Larry Sharpsteen VOTE AS FOLLOWS: Page 14 of 17 APPROVED Jerry Caward—Aye N. Lin Davidson—Aye Al Fiorille—Aye Larry Sharpsteen -Aye Deborah Trumbull—Aye Dean Shea,Alternate -Aye Thomas Ellis—Aye Continued- Site Plan Review for Finger Lakes Marina Site Plan to improve conditions at the Marina. - The Town has received the approval from the Tompkins County Health Department for the waste treatment and for the water system. - The Town has also received correspondence from the Army Corps of Engineers they are happy with the way things are going. - Additional Design of Dock improvements #26 Cover Boat Hoist approved by US Army Corps will be added. - Fire Rings location distance from the property lines,will be added to the Site Plan Map. Chairman Tom Ellis read a letter from the neighbors to the west. It was sent to him directly, no copy is on file at this time. They are not fine with all the plans. Neighbor concerns are light trespass, noise, and lack of their parking plan and the impact that it has on our right of way. - There is talk to fill the area between the two parcels. - The top of the fills will be seeded with rye grass. - Finger Lakes Marina has agreed to put a 6' solid fence along the area. - Adequate signage to keep people from parking on either side. - Eliminating several of the docks should decrease parking issues. - If the Floating Cabins &RV area are removed from the property each year, they will not be taxed for the structures. If they stay, the structures will be taxed. - The Marina is not replacing the big blue machine. - The Marina has and will continue to provide a gravel access road for the neighbor on the west side according to a deed that was drawn up years ago. The issue to provide water access is not a Town issue this is between FLMS and the neighbors only. The Town does not govern property deeds, it would be an issue between the property owners. - Floating cabins/structures will be in the designated 200' shoreline area. - Portable structures will have to be removed every 6 months. - The occupancy could be less with the new plan. - The Marina will be back with a few requested changes on January 14, 2018. Mike Long Reviews Planning Updates Items Highlight below were discussed at tonight's meeting • Ag Plan—Follow up meeting—finalize report meeting June 1, 2015 Page 15 of 17 APPROVED o Draft Matrix of Proposed AG/RA Land Uses—Invite Ag committee, PB, staff, etc. Final Report Due: May 3. Continue Fall 2018 semester. Meeting—November 5, 2018 Land Use Map and definitions reviewed. • Land Use Ordinance Update—Planning Board to recommend changes to Town Board o Began definitions and revisions 7/9, 8/29, 9/24, 2018 meetings. o Draft Zoning Map—Public Work Session Meetings Sept 24, & Oct 22, 2018, o Special Planning Board Meeting Dec 17, 2018. • Finger Lakes Marina— Site Plan review o Submitted for 239 review—received 6/21/2018 o Public Hearing set—June 25, 2018. o SEQRA "Unlisted Action" Coordinated Review—Lead Agency Designation (30 days max) letters sent out July 5, 2018. o Additional request of existing Permits received o Site Plan review—walked the site with Engineer and developer w/Code Officer 8/8/2018 o Revised drawings prepared— 8/24/2018. o Meeting—NYS DEC/US Army Corps of Engineers held on site 9/5/2018. o List of US Army Corps Permit—9/7/2018. o Revised site Plan-8/23/2018 and meeting 9/23/2018 o SEQRA review/Draft Resolution— 10/22 and 11/26/2018 mtgs. • Wagner Family Major Subdivision—in process of submitting o Creation of 5 new lots with a"private shared driveway" o SEQRA Negative Dec— 8/13/2018 with"Private Drive. o Preliminary Major Subdivision Map—being revised. • Dutch Harvest Farm— Site Plan Approval 0 72'x102' Barn for weddings/events o Stormwater review—sent to TG Miller August 23, 2018. —need additional materials. o 239 Review—received 9/10/2018 o Requested Full EIF— 10 acre disturbed=Type 1 action. o Sketch Plan review—9 /10/2018 meeting. o Storm water Plan submitted 10/10/2018 to TG Miller for review—letter 11/12/2018 and follow-up mtg. 11/14/2018. o NYS DOT Curb cut permit issued 11/14/2018. o SEQRA/ Site Plan Resolution— SWPPP outstanding - tentative 12/10/2018. • Cayuga Vista Apartment— Site Plan Approval o Sketch Plan Review—PB mtg. 7/9/2018 o Application to be submitted— Stormwater review to be submitted. 0 239 Review—will submit after drawings are received. • TCAT Bus stop —Village Solars/Village Circle o Warren Road at Development— Site visit 8/1/2018. o Additional TCAT Lansing Bus Service#37 Route. Page 16 of 17 APPROVED o Cornell University Student project—tentative meeting 10/30/2018. • Zoning Map Changes—Planning Board recommended to Town Board 0 239 Review underway o Town Board(4 of 5)—Public Hearing 9/19/2018. Adopted 10/3/2018). o Kohlenberg's 5th parcel—Town Board Public Hearing 12/5 and tentative approval 12/19/2018. • NEXAMP Solar Farm Project—339 Jerry Smith Rd. o Application received 9/10/2018 o Sketch Plan Review mtg—9/24/2018 0 239 Review Letter— 1 l/14/2018 — 10 acres prime AG land— Soil Reclamation Plan? o Stormwater Plan— Submitted for review—letter 11/20/2018. o Resolutions approval 12/10/2018? • Cobb—2 lot Subdivision—Old Orchard Road o Application received—located on a Private Road. o Classification Meeting— 10/22/2018 /approval 11/26/2018. • Hogue Trustees - 47 Ludlowville Road—2 lot subdivision o Merge 25 acres with parcel#15.-1-26.2 at 104 Lansing Station Road new owner o Public Hearing, SEQRA and Final Approval— 11/26/2018. • East Shore Fellowship Church—site plan amendment— 11/26/2018. Future Projects: • NYS DOT Highway Maintenance Facility—Warren Road at Airport site. o Issues— SWPPP, Subdivision, Bolton Point Water, Sewer District expansion, etc. o Meeting with local officials 11/26/2018. o Invitation to attend the 1/14/2019 Planning Board Meeting • Cayuga Operating Plant—Proposed 18 Megawatt Solar Farm—$25 million dollar investment o Press Conference Announcement—June 7, 2017 o Site Plan Approval—TBD • Tiny Timbers—sketch Plan review—April 30, 2018 meeting. o Developing revised site plan Chairperson Tom Ellis asked if there is anything else to be discussed. Adjourned Meeting Meeting adjourned at the call of Chairperson Tom Ellis at 9:30 pm. Minutes taken and executed by Sue Munson. Page 17 of 17