Loading...
HomeMy WebLinkAbout09-24-2018 APPROVED PB MINUTES APPROVED Town of Lansing PLANNING BOARD MEETING Monday, September 24, 2018 6:30 PM Present Absent Tom Ellis, Chairperson Dean Shea, Alternate Jerry Caward, Vice-Chairperson Sandra Dennis Conlon Norman (Lin) Davidson Al Fiorille Larry Sharpsteen Deborah Trumbull Thomas Butler, Second Alternate Other Staff Lynn Day, Zoning Officer Mike Long, AICP Doug Dake, Council Person Edward LaVigne, Town Supervisor Katrina Binkewicz, Council Person Public Present (11) that signed in Joe Huizinga Melanie Malone Dan Veaner Joe Fiori Dan Yanosh Gene Tobey Abigail Gilson Kristin Tobias Mike Richards Karyn Bischoff Christian Baur Chairperson Tom Ellis called the Planning Board Meeting to order at 6:31 PM. Motion to approve the planning board minutes for September 10, 2018 meeting Debbie Trumbull made a motion to approve the September 10, 2018 minutes. Lin Davidson seconded the motion with corrections. All in Favor - 7 Opposed - 0 Floor is open for any comments or concerns other than what is on the Agenda A neighbor to Dutch Harvest Farm's project has concerns with the lack of Fireworks regulations in the Town of Lansing. Not only for the proposed event center but the entire Rural Agricultural Zone where fireworks could be set off close to livestock. She feels the Town should have more rules in place for the health and safety of livestock. o Chairperson Tom Ellis asked if you were notified prior to a Fireworks Display would you be happy. ■ Not happy, but I could at least put the cows in the barn to prevent them from getting into the road. ■ It does not prevent the animals from being upset. Page 1 of 7 APPROVED Another neighbor who has two horses was concerned about needing to re-home her horses because she is scared of her horses being startled and running into the road. Currently she only has open stables and no way to contain them. If she keeps them on site, she would put in a stable door to keep them contained during the Display but that is not going to keep them calm. o Chairperson Tom Ellis gave the same question; if you were notified prior to the Fireworks Display would you be happy. ■ It would certainly help although I would probably have to get rid of them. Too worried that they would injure themselves. The Town Code Officer Lynn Day stated that the John Joseph Inn has Fireworks,not every year but they occasionally get one to three in a given year. John Joseph Inn has goats and some other animals onsite along with several Farms, the Boarding Barn, and Residents in close proximity. There are no complaints and no neighbor notification given that the Town is aware of. The Town Planner Michael Long said the question is, if you are requesting to regulate the Fireworks, it is nothing that the planning board does. It would be an action before the Town Board and whether they could or could not do it. - Currently the Code Officer is the person who issues a permit to an applicant requesting fireworks as long as the request complies with NYS regulations. - The large animal vet just down the road from the Dutch Harvest Farm came in the Code Office with concerns. She was relieved to know that it is not that common to have Fireworks at a Wedding Event. She was given the examples of John Joseph Inn (zero to one or two per year with one exception of one year they had three) and Lake Watch's (only one as far back as Lynn can remember) history of Fireworks which is not very many compared to the total number of events at their venues. She is comfortable with the Fireworks Display as long as she is notified in advance. With notification, she will be able to contain the horses in their stables. - A neighbor down the road has a bed &breakfast with clients that choose her B&B, as it is quiet and peaceful out where they are. The bed &breakfast is booked mainly on weekends so she is concerned about the noise from the music. She hopes that the Dutch Harvest Farm will put insulation in the barn to mitigate the noise from the reception music. Chairman Tom Ellis stated he was not present for the presentation of Dutch Harvest Farms back on September 10, 2018 although he has read the material and has thought about it. Many people may know that my interpretation of (RA) which is really Rural Agriculture to me translates as Reckless Abandonment. Many uses are included just because. My guess is fireworks were not even thought of along with some of the other uses we now accommodate in the (RA). This is my own opinion not the Boards, it is a shame that people in the agricultural district would have to go out and stall/house their animals to protect them from a commercial enterprise that is not related to an agricultural function. My own opinion is we need to define and restrict the agricultural Page 2 of 7 APPROVED area better. Because of the way, the current laws are written the Planning Board has to accommodate until the law is changed. I personally do not think it would affect the venue that much to not allow fireworks. Lin Davidson will recuse himself from voting on the Dutch Harvest Farm's site plan. He reminded the board that we do have site plan review,which covers issues like noise, drainage and lighting. It is not a matter of no law it is a matter of the will of this Board. Lin Davidson also stated one could talk about "NIMBY" since it is in my back yard. A number of backyards make a neighborhood and neighborhoods are what it (land use) is all about. (Definition of Nimby is a person who objects to the siting of something perceived as unpleasant or potentially dangerous in their own neighborhood, such as a landfill or hazardous waste facility, especially while raising no such objections to similar developments elsewhere). The Dutch Harvest Farms owner was not planning on speaking but he wanted to remind everyone that they are a small private business owned by him and his wife. They are not a big company coming into the neighborhood. They were told this project is an allowable use in the neighborhood where they purchased the property. With wedding events, there is going to be some noise, music, dancing and traffic. The Event Center will comply with all the laws. They want to be good neighbors and are making huge efforts to mitigate possible issues. To continue to be a good neighbor, he asked if there is any neighbor notification before hunting on his property. He is from Tioga County and wanted to make sure he was complying. The applicant is confused by the stance of the Planning Board; as Lansing has been encouraging new business to come to Lansing and was told this is an allowed use on the proposed property. "My wife and I have invested a lot of money through the planning process and will be investing even more during the building phase." Another neighbor was very adamant that he does not want noise after 10pm. He feels the building should be insulated to keep the noise inside. Al Fiorille as a planning board member was given permission to walk the site of the proposed event center. He walked down to where the clearing is for the parking lot and event center. Al agreed with the owner, there is no way the neighbor across the road will be able to see the lighting that is downhill quite a way,with tall shrubs as a buffer. Al also really doubts that the noise will travel too far due to the locations of the neighbors in relationship to the Event Center and the thick natural shrubs and trees all the way around. Page 3 of 7 APPROVED Sketch Plan Review for a Site Plan Application. Applicant is Nexamp represented by Joe Fiori requesting to build a 5MW AC Community Solar Array on the 44.1 +/- acres north of the Power Lines. Location: 339 Terry Smith Road in the Rural Agricultural Zone (RA) Tax Parcel #16.-1-10. This is a community project, which means that the electricity generated will be allocated/sold to any residence or small business within a 9 county radius that chooses to participate. The value of participating is a maximum of a 10% discount off your electric bill from both the delivery & supply except for the$15 fixed charge, through the life of the project. It is completely voluntary. There are no sign up fees. You can terminate the contract at any time. It is really a way to spread the benefit of Solar to homeowners who are not able to have their own solar due to cost or area issues. Nexamp will build, own and operates the project. This simplifies the process for the users. The project will increase Tax Revenues for the Town. They have applied for an IDA Tax break. It has not been approved yet. The Solar Farm will take up 25 acres of the 78 acres on that parcel. The 25 acres will be re-assessed taking away the Ag exemption. If they receive the IDA tax break, they will typically be charged $8,000 per megawatt. Their taxes would roughly be $2,000 for Town Tax, $9,000 County Tax and $25,000 School Tax. Taxes are an estimate,based upon similar projects within the county. Taxes will be defined by the Tompkins Industrial Development Agency. The IDA would not reduce taxes on any special districts like the Fire Department. The area off Jerry Smith Road is ideal for the Solar Project as it is close to a NYSEG 3 phase connection area and the property is relatively flat. The process of installing the Solar Panels is done in a way to have the least disturbance of soil by using steel piles driven into the ground to create the foundation. The steel poles will be 3" to 4" in diameter, making it fairly simple to convert back to viable farmland. The land under and on the other side of NYSEG's High Tensions Lines will still be farmed. The farmer will have access to the culvert and driveway until it reaches Nexamp's fence then the farmer will use a gravel access road off the side of the Solar Fenced in area. In reference to the plastic drain tiles installed by past farmers, construction may or may not cause water issues. Joe Fiori said, the installation crew would have the ability to fix any drain tile that may be damaged. Wetlands and rocky ledge can create a difficult site to locate a Solar Farm which makes this location prime as neither are there. At the end of the install, they will re-seed the soil with a low growing grass seed,with the possibility of using sheep to keep it mowed. Nexamp will submit a maintenance plan to the Town. Typically, it is two to four times a year depending on the area. Page 4 of 7 APPROVED Life expectancy is 25 to 40 years for the Solar Panels. A Decommissioning escrow account will be set up with the Town. The amount will be based off an estimate of the cost of removing the system then timed by 125%. The Town Code Officer would like to see a fence that is 8' high instead of the proposed 7' high. Seven foot high is the National Electric Codes for Fences encasing high voltage units. Nexamp will recoup their investment cost after approximately 10 years. On the Full Environmental Assessment Form page 11 question h. i. needs to be "no" with a notation, it was field verified by engineer. It is currently noted on Drawing C1. On page 13 question, h. of the FEAF needs to be "yes". Identify how many miles you will be away from Route 34B/Scenic byway. There will be two concrete pads to hold the inverters. They will be located closer to the power lines. Any noise from the inverters will be muffled by the outer encasement, which also protects them from the weather. If you were close enough,you might hear a noise similar to a whisper. Town Code will require them to have a Knox Box on the gate entry for emergency access. Scott Purcell the Town Fire Chief will also review the site plan. Process following the Sketch Plan: - Refine the Site Plan - Storm Water Reviewed and Approved - Public Hearing- 600 Parcel Neighbor Notification - SEQRA Review 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 Storm water plan revisions requested T.G. Miller. Letter dated 11/19/2014. o Revisions are being made to the SWPPP materials. Submitted 10/26 revised maps. Letter(Oct. 27, 2015) from Tim Buhl in response circulated. Comments on map sent on map 10/28/2015. o "Public Hearing"-held December 14, 2015. o SEQRA, Preliminary Plat approval December 14, 2015 -included waiver of new town highway specs. o Discussion regarding existing easements and potential changes-propose meeting with owner and staff to resolve outstanding issues. Page 5 of 7 APPROVED 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 Next Scheduled Ag Committee Meeting—TBD at 9:00 AM at Linda's Diner. o Cornell Law School Mtg. Tuesday April 17, 2018 at 2:00 PM—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 7/9/2018 meeting o Created a subcommittee—mtgs. 1st Monday at 3:30 PM and Yd Mondays at 6:30 PM at Town Hall. Next mtg . o Draft Zoning Map—Public Work Session Meeting Sept 24, • 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 10/22/2018. • 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. • Cayuga Vista Apartment— Site Plan Approval o Sketch Plan Review—PB mtg. 7/9/2018 Page 6 of 7 APPROVED o Application—submitted? o 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 • Zoning Map Changes—Planning Board recommended 0 239 Review underway o Town Board(4 of 5)—Public Hearing 9/19/2018. Adopt 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 • Cobb—2 lot Subdivision—Old Orchard Road o Application received —located on a Private Road • 41 Dutch Mill— Site Plan 50'X85' addition o Current PDA expansion 0 239 Request submitted 9/20/2018. Future Projects: • Cayuga Operating Plant—Proposed 18 Megawatt Solar Farm—$25 million dollar investment o Press Conference Announcement—June 7, 2017 o NYSERDA Grant applications - TBD o SWPPP/ SEQRA Review- TBD 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 8:22 pm. Minutes taken and executed by Sue Munson. Page 7 of 7