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HomeMy WebLinkAbout10-22-2018 APPROVED PB MINUTES APPROVED Town of Lansing PLANNING BOARD MEETING Monday, October 22, 2018 6:30 PM Present Absent Tom Ellis, Chairperson Norman (Lin) Davidson Jerry Caward, Vice-Chairperson Deborah Trumbull Sandra Dennis Conlon Al Fiorille Larry Sharpsteen Dean Shea, Alternate Thomas Butler, Second Alternate Other Staff Lynn Day, Zoning Officer Mike Long, AICP Edward LaVigne, Town Supervisor Joseph Wetmore, Council Person Guy Krogh, Town Attorney Public Present (14) that signed in Laura Huizinga Gary Bush Melanie Malone Amy Frith Aaron Thompson Brenda Zavaski Tyler Todd Teddy Zhang Lou DePol Brian Kasonic Garrett Rushlow Sue Ruoff Steve Ruoff John Andersson, PE Chairperson Tom Ellis called the Planning Board Meeting to order at 6:30 PM. Chairperson Tom Ellis enacted Dean Shea and Thomas Butler due to two absences this evening. Motion to approve the planning board minutes for September 24, 2018 meeting Jerry Caward made a motion to approve the September 24,2018 minutes. Sandy Conlon seconded the motion. All in Favor - 7 Opposed - 0 Floor is open for any comments or concerns other than what is on the Agenda Supervisor Ed LaVigne made a comment that there is a lot going on in the Town that can be very sensitive. This is not a criticism just a concern that could be a potential problem. If you are going to recuse yourself, the usual process is to recuse yourself and don t say anything and dori t interact. If there is something, highly emotional the best thing to do is simply try to contain those emotions because you are a representative of the Town. I speak of that, as a board member not just as a Planning Board or ZBA, that these proposed projects are things that we have to think of objectively. If you give your emotional opinion on something before the board makes a decision, it has tainted what is going on. I say this in general to any of the Town of Lansing's Board members. Therefore, I ask that you please try to look at things objectively and if you have emotional comments please keep them to yourselves. Page 1 of 11 APPROVED Chairman Tom Ellis has a comment, guilty as charged on an unsolicited comment last meeting during the Dutch Harvest Farm. It had nothing to do with that particular applicant, as I have no issues with them. It is more the process that the board cannot control what is going on in the Rural Agricultural Zone (RA) and some of the other zones. I recommend that during the review of the Land Use Ordinance we all need to be careful as to what is legally permitted in any given Zone. If a "use" is permitted, there is nothing that the board can do to stop a project from affecting that area. You cannot tell a business how many hours they can be open or how many days of the week they can be open. If the use is permitted, it is permitted. The Board is limited to what they can demand from a business. Like how many trees they need to plant, how many lights they can have outside and that they need to be "dark sky" lighting. Larry Sharpsteen added there are certain uses that we as a Planning Board do not have any purview over. These administrative or operational issues are governed by the Town Board or by the State. We can ask the developer or make recommendations to the Town Board to make changes to the Local Laws. Town Planner Michael Long noted that the Planning Board's purview is to look at the Site Plan, Public Health&Safety. A local engineer made a comment about the Planning Board Process. He feels that some projects are held up waiting for States approval or DEC approval. Why can't the Planning Board just approve with a condition upon the State and/or DEC's approval. The Planning Board response is we need to have a complete set of plans before we can start the process and the project the engineer was referring to has been incomplete; The Planning Office just received the completed Stormwater Plans and Calculation late last week. Code Officer Lynn Day and Dondi Harner from T.G. Miller walked the property at Dutch Harvest Farms last week to assess the land that was cleared; the recommendation is to approve the basic SWPPP so they can stabilize the land before winter. Then review the full SWPPP, which may cause the owners an added expense to possibly fix areas completed from the basic SWPPP. (Temporary Fix). The basic SWPPP would cover the stabilization of the current land disturbance and allow them to construct the driveway. After review and T.G. Miller's recommendations, the MS4 will be signed for approval. Motion to approve Dutch Harvest Farms stabilization of the disturbed soil and to construct the driveway with the turnaround circle. Larry Sharpsteen made a motion to give Dutch Harvest Farms permission to stabilize the disturbed soil and create the driveway with the circle. Al Fiorille seconded the motion. This is not an all-out approval and Dutch Harvest Farms is doing this at the risk of having to redo the area improvements if the Full SWPPP requires changes based on the final review. All in Favor - 7 Opposed - 0 Dutch Harvest Farm's SEQRA will be reviewed at the November 26, 2018 meeting. Page 2 of 11 APPROVED Sketch Plan Review for a Subdivision Application. Applicant is Glenn Cobb represented by Dennis Socha requesting to subdivide 4.006 acres from Glenn's property. Location next to 407 Old Orchard Road in the Lakeshore Zone (L1) Tax Parcel # 12.4-15.321. After a thorough discussion, the Planning Board and Town Attorney classify the project as a minor subdivision. The Board agrees to waive the Preliminary Plat and Public Hearing. It is similar to a Lot Line Adjustment with Consolidation to the adjacent property owned by Dennis Socha. It is more than one acre so it is not eligible for an Exempt subdivision or a Boundary Change. It does not really classify as a subdivision as no new parcel is created due to the consolidation with adjacent parcel. This application does not fall into any of the normal boxes. Motion to Waive the Preliminary Plat,the General Mapping and the Public Hearing for the Minor Subdivision next to 407 Old Orchard Road. Dean Shea made a motion to waive the Preliminary Plat,the General Mapping and the Public Hearing for the Minor Subdivision next to 407 Old Orchard Road. Jerry Caward Second the motion. The waiver is only for this action of creating a 4.006 acre lot that will be required to be merged with the existing adjacent parcel. If future subdivision of the land is purposed, it will be required to come back to the Planning Board and the Subdivision will have to be reviewed in its entirety. All in Favor - 7 Opposed - 0 SEQRA review and approval for Tax Parcel #12.-1-15.321 Old Orchard Road During the SEQRA Review, the Planning Board made a few changes to Part 1 of the SEAR • Description should say, No "new' lot will be created as the area created will be consolidated with Socha's property Tax Parcel # 12.-1-15.362. • #3 b. Zero acres disturbed • #9 Should be N/A or Yes it meets the energy code • #10 Should be No municipal water hook up • #11 Should be No municipal sewer hook up • #13 Should be YES existing streams identified on survey map • #14 Forest should be checked The Planning Board reviewed Part 2 of the SEAF for the Impact Assessment with a no significant or adverse environmental impacts. Motion to Determine No Negative or Adverse Environmental Impacts for Tax Parcel #12: 1-15.321 Old Orchard Road Minor Subdivision. Larry Sharpsteen made a motion to Declare No Negative or Adverse Environmental Impact for Tax Parcel #12:1-15.321 Old Orchard Minor Subdivision. Dean Shea seconded the motion. All in Favor - 7 Opposed - 0 At the November 26, 2018, meeting the final resolution will be ready for official approval. A request from the Planning Board to the agent of the applicant is to change the map with a Page 3 of 11 APPROVED dotted/dash line between the line adjustment and the property to consolidate with. Also noting the requirement that the two parcels will be merged. Site Plan Review to construct 4,250 Square Foot addition to existing facility to expand manufacturing. Applicant is Brian Kasonic agent for MPL, Inc. Location : 41 Dutch Mill Road in the Industrial/Research Zone (IR) Tax Parcel #39.-150.12. • The addition complies with the required setbacks • The existing parking complies with the required parking needed for the existing building and the addition. • No Storm Water needed as it is under an acre of disturbed soil. The Planning Board still requests a 12" to 18" berm to deter water from flowing directly to the neighbor's property as the roof on the addition will drain to the south of the property. • Lighting over the new entry/exit door will be"dark sky"compliant. SEQRA review and approval for MPL, Inc. at 41 Dutch Mill Road During the SEQRA Review, the Planning Board made a correction on Part 1 • #3 b. Should be 0.15 acres. • #4 Industrial should also be checked The Planning Board reviewed Part 2 of the SEAF for the Impact Assessment with a no significant or adverse environmental impacts. RESOLUTION PB 18-13 STATE ENVIRONMENTAL QUALITY REVIEW RESOLUTION MAKING NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR THE PROPOSED 4,250 SQ FT. ADDITION AT 41 DUTCH MILL ROAD WHEREAS, an application was made by Brian Kasonic of MPL, Inc.,for site plan approval for the proposed 50 foot by 85 foot addition to an existing manufacturing building located on a 2.17 ± acre parcel of land at 41 Dutch Mill Road, Lansing, New York (TPN 39.4-50.12), as located in the Warren Road Business Park PDA -IR Industrial / Research Zone; and WHEREAS, this proposed action is an Unlisted Action for which the Town of Lansing Planning Board is the sole involved agency for the purposes of a State Environmental Quality Review Act ("SEQRA") review, and the Town will thus undertake as Lead Agency an uncoordinated review of the Short-form Environmental Assessment Form ("SEAF") under SEQRA; and WHEREAS,the requisite General Municipal Law§239 referrals were duly made and the reply and recommendations of County Planning are reflected in their letter dated September 28, 2018, which letter states has determined "that no negative inter-community or county-wide impacts"; and WHEREAS, on October 22, 2018, the Town of Lansing Planning Board, in performing its reviewing agency functions in conducting an environmental review in accordance with Article 8 of the New York State Environmental Conservation Law and SEQRA regulations: (i) pursued its thorough review of the project and the Applicant's SEAF, as well as a review of all other Page 4 of 11 APPROVED documents prepared and submitted with respect to this proposed action; and (ii) thoroughly analyzed the potential relevant areas of environmental concern of the project to determine if the proposed action may have any moderate or significant adverse impacts on the environment, including the criteria identified in 6 NYCRR § 617.7(c); and (iii) reviewed the SEAF on the record; and WHEREAS, the potential identified impacts and their classification and consideration of significance were duly considered and noted as follows: 1. The 4,250 square foot addition to an existing manufacturing building in the Business Park without any significant modification or changes to the existing site. WHEREAS, each identified potential environmental impact was analyzed and duly considered by the Planning Board in relation to the question of whether any potential environmental impacts were so probable of occurring or so significant as to require a positive declaration, and after weighing the above and all other potential impacts arising from or in connection with this project, and after also considering: (i) the probability of each potential impact occurring; (ii) the duration of each potential impact; (iii) the irreversibility of each potential impact, including permanently lost resources of value; (iv) whether each potential impact can or will be controlled or mitigated by permitting or other processes; (v) the regional consequence of the potential impacts; (vi) the potential for each impact to be or become inconsistent with the Towns 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 impact to be or be likely to become a moderate or significant impact such that a negative declaration will be issued; and WHEREAS, in consideration of and upon deliberation upon the SEAF and the foregoing, and examining the potential for negative environmental impacts, the Town of Lansing Planning Board,as lead agency,has determined that there are not likely to be any moderate or significant environmental impacts arising from this project, so NOW,THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. After consideration of the potential environmental impacts, including those reviewed in accord with 6 NYCRR § 617.7(c), the Planning Board finds that the proposed action of approving the proposed site plan and mapping as submitted, will individually and cumulatively have no moderate or significant negative environmental consequences or impacts. 2. This declaration is made in accord with Article 8 of the New York State Environmental Conservation Law and SEQRA regulations promulgated thereunder, and accordingly, the Planning Board of the Town of Lansing, based upon: (i) its thorough review of the SERF, 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 to determine if the proposed action may have any moderate or significant adverse impact on the environment, including, but not limited to, the criteria Page 5 of 11 APPROVED identified in 6 NYCRR § 617.7(c); and (iii) its completion of the SEAF, including the findings noted therein (if any, and 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 actions, and determines that an Environmental Impact Statement is therefore not required. 3. A Responsible Officer of the Planning Board 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 SEAF and determination of significance shall be incorporated by reference in this Resolution. Dated: October 22, 2018 Motion by: Jerry Caward Seconded by: Sandy Conlon VOTE AS FOLLOWS: Gerald Caward-Aye Sandra Dennis Conlon-Aye Al Fiorille-Aye Larry Sharpsteen-Aye Thomas Butler, Alternate - Aye Dean Shea,Alternate -Aye Thomas Ellis-Aye RESOLUTION PB 18-14 RESOLUTION APPROVING MPL, INC. - SITE PLAN APPLICATION AND ISSUING SITE PLAN APPROVAL FOR 4,250 SQ. FT. ADDITION AT 41 DUTCH MILL ROAD WHEREAS, an application was made by Brian Kasonic, MPL, Inc. for site plan approval for the proposed 4,250 square foot addition to an existing manufacturing building on a 2.17±acre parcel of land at 41 Dutch Mill Road, Lansing, New York (TPN 39.4-50.12), as located in the Warren Road Business Park Planned Development Area (PDA) IR - Industrial / Research Zone; and WHEREAS, the application included the disturbance of 6,500 +/- square foot (0.15 acre) proposals to manage stormwater for site development impacts, being calculated as minimal impact of grading and 50 foot by 85 foot building addition which will result in minimal disturbance, and the same was reviewed and approved by the Building Code Inspector / Storm Water; and WHEREAS, this proposed action is an Unlisted Action for which the Town of Lansing Planning Board, duly issued a Negative Declaration of environmental impacts under SEQRA; and Page 6 of 11 APPROVED WHEREAS, a General Municipal Law § 239 referral was delivered to, and a review dated September 28, 2018 was received from, the Tompkins County Planning Department, which "has determined that it has no negative inter-community, or county wide impacts" ; 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 Towri 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 permanent stormwater practices are triggered, and the fact that no moderate or significant non-addressed SEQRA or 239 impacts were found, and the fact that the use is permitted at such location within an IR Industrial /Research Zone and is an already developed site; and WHEREAS, on October 22, 2018 the Planning Board duly considered the proposed site plan 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 site plan application for the proposed 4,250 square foot addition and site area improvements located upon TPN 39.4-50.12, at 41 Dutch Mill Road, Lansing, New York, be and hereby is granted and approved for a 36 month period beginning the date of this resolution, subject to the following conditions: 1. Site plan approvals shall be limited to the plans is included in the application materials as prepared by Kasonic Ventures, LLC dated 9/1/2018 to construct a 50 foot by 85 foot building addition and related site grading. 2. Verification that the existing stormwater system and features are properly constructed and functioning, prior to issuance of any CO or the close-out of any building permit. 3. The Planning Board requests a 12" to 24" berm to deter water from going directly to the neighbor's property as the roof on the addition will drain to the south of the property. Additional landscape plantings must be made as to maintain screen/buffer with the adjacent building as approved by the Code Enforcement Officer. 4. Building Permits will be required to construct the approved building additions and such plans must meet all code requirements, including the sealing of plans by a licensed engineer or architect, and such improvements must be constructed in compliance with all building code requirements. 5. Existing and any new Buffers shall be properly maintained and any dead, diseased, or dying trees or plants shall be promptly replaced, and any tree or plants that, whether Page 7of11 APPROVED singularly or in combination, due to lack of growth, death, recession, disease or other cause, cease to function as buffers shall be replaced in a manner as promotes the goal of such buffer as stated in this site plan approval. 6. No additional disturbances, buildings, or construction (except allowed accessory uses, such as sheds) shall be permitted, and the open space buffer to the west of the development site shall be maintained as an open space buffer unless such development, disturbance, construction, or plans are subjected to appropriate review under subdivision, site planning, or other required review, as then applicable. Dated: October 22, 2018 Motioned by: Larry Sharpsteen Seconded by: Al Fiorille As Amended VOTE AS FOLLOWS: Gerald Caward-Aye Sandra Dennis Conlon-Aye Al Fiorille-Aye Larry Sharpsteen-Aye Thomas Butler,Alternate - Aye Dean Shea, Alternate -Aye Thomas Ellis-Aye Continue -Public Hearing for Finger Lakes Marina Site Plan Review to improve conditions at Marina.With new repair barn; new boat/RV sewage dumping station; modified interior site access; endure recent improvements (main building_porch, laundry room, boardwalks, etc.) are accepted by Town; modify some docks in accordance with DEC/COE permit(s), create small RV campground;future new bridge and sheet piling_ Location: 44 &26 Marina Road in the Lakeshore Zone (L1) Tax Parcel # 33.-1-67. The Public Hearing for Finger Lakes Marina is still open. No new comments since last meeting. Is the any Public Comments or concerns at this time? • A Resident asked if the two parcels that are the site plan have been combine yet.Who gives the approval to combine them? o The Assessment office would give the approval to combine two adjoining properties as long as both properties are in the same owner's name. Motion to Close the Public Hearing for Finger Lakes Marina Site Plan to improve conditions at the Marina. Dean Shea made a motion to Close the Public Hearing for Finger Lakes Marina Site Plan to improve conditions at the Marina. Larry Sharpsteen Seconded the motion. All in Favor - 7 Opposed - 0 Continued- Site Plan Review for Finger Lakes Marina Site Plan to improve conditions at the Marina. Page 8 of 11 APPROVED • Recreational Vehicle (RV) Sites may be changed to portable units instead with no water or sewage. There is electric services for up to ten sites,currently only renting four RV sites. • Possibly eight cabins or 200' of the Northern Dock slips #48-57 are reserved for Stationary Floating cabins with holding tanks for sewage and water like a boat but with no motors. Also, subject to the Health Department approval because they are stationary cabins. • County Health Department will allow four RV sites before they need a septic permit. • The Town Code Officer has several projects that still need permits and to be inspected. See the following: Porch,Laundry,Temporary Structure,Fabric Barn, the other Open Storage Shed and the little shed for his mom,if they build it. • The Marina is limited on projects due to no municipal sewer or water service. • Seasonal parking in the Pony enclosure area. • The temporary building shown on the plan will be changed to a permanent structure. • All lighting will be"dark sky' compliant. • Resolutions are good for 36 months after it is adopted. If not completed you must return to the Planning Board to be approved again. • The Planning Board members discussed adding additional condition language to the Draft Resolution. Chairperson Tom Ellis said it is most important to get the Building Permits on the projects that have be completed and currently lacking the proper code inspections. This project will be discussed at the November 26, 2018 meeting. A priority to complete the buffer between the west end of the Marina and the neighbors should be completed by May 30, 2020. Mike Long Reviews Planning Updates Items Highlight below were discussed at tonight's meeting • Lake Forest Circle Drive—L1 Zone - Major subdivision of 16 lots plus storm water. o Tompkins Co. 239 review(Letter 11/12/2014)has been completed. o "Public Hearing"-held December 14, 2015. o SEQRA, Preliminary Plat approval December 14, 2015 —included waiver of new town highway specs. o Revised SWPPP documents submitted for review T.G. Miller March 16, 2016. Additional changes required. — Second review letter sent 6/19/2017 with additional comments. o Final Plat approval—TBD. • Ag Plan—Follow up meeting—finalize report meeting June 1, 2015 o Draft Matrix of Proposed AG/RA Land Uses—Invite Ag committee, PB, staff, etc. Final Report Due: May 3. Continue Fall 2018 semester. Next Meeting—November 5, 2018 TBD location. • 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, • Finger Lakes Marina— Site Plan review Page 9 of 11 APPROVED 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— 10/22/2018 mtg. • 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. 0 239 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 to TG Miller for review— 10/10/2018. o SEQRA/ Site Plan Resolution—tentative 11/26/2018 mtg? • 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. o Cornell University Student project—tentative meeting 10/30/2018. • Zoning Map Changes—Planning Board recommended 0 239 Review underway o Town Board(4 of 5)—Public Hearing 9/19/2018. Adopted TBD (Oct 3, 2018) • NEXAMP Solar Farm Project—339 Jerry Smith Rd. o Application received 9/10/2018 o Sketch Plan Review mtg—9/24/2018 o Stormwater Plan—to be submitted for review? • Cobb—2 lot Subdivision—Old Orchard Road o Application received—located on a Private Road. Page 10 of 11 APPROVED o Classification Meeting— 10/22/2018. • 41 Dutch Mill— Site Plan 50'X85' addition o Current PDA expansion 0 239 Request submitted 9/20/2018 o SEQRA/ Site Plan approval— 10/22/2018 mtg. • Hogue Trustees - 47 Ludlow 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 Future Projects: • 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 9:00 pm. Minutes taken and executed by Sue Munson. Page 11 of 11