HomeMy WebLinkAbout08-13-2018 APPROVED PB MINUTES APPROVED
Town of Lansing
PLANNING BOARD MEETING
Monday, August 13, 2018 6:30 PM
Present Absent
Tom Ellis, Chairperson Norman (Lin) Davidson
Jerry Caward, Vice-Chairperson
Sandra Dennis Conlon
Al Fiorille
Larry Sharpsteen
Deborah Trumbull
Dean Shea, Alternate
Thomas Butler, Second Alternate
Other Staff
Guy Krogh, Town Attorney Lynn Day, Zoning Officer Doug Dake, Council Person
Joseph Wetmore, Council Person Mike Long, AICP
Public Present (3) that signed in
John Howell Melanie Malone Frank White
Chairperson Tom Ells called the Planning Board Meeting to order at 6:30 PM.
Chairperson Tom Ellis enacted Thomas Butler due to a member absence.
Motion to approve the planning board minutes for Tuly 23, 2018 meeting
Sandy Conlon made a motion to approve the July 23,2018 minutes with corrections.
Larry Sharpsteen seconded the motion.
All in Favor - 7 Opposed - 0
Floor open to comments and concerns other than what is on the agenda
No public comments
Motion to Open the Public Hearing for the Howell Minor Subdivision application and
SEQRA to subdivide 19 acres from the original 87.6 acres. Located on Emmons Road in
the Rural Agricultural Zone (RA) Tax Parcel #23.-1-6.32.
Deborah Trumbull made a motion to Open the Public Hearing for Howell Subdivision
at 6:33 pm. Sandy Conlon seconded the motion.
All in Favor - 7 Opposed - 0
Page 1 of 12
APPROVED
Public Hearing Comments
Mr. Howell described to the Planning Board that they would like to keep 70 acres as
agriculture land. He intends to build a new house on the new parcel.
It was noted that Mr. Howell would have to contact the County Soil and Water to
complete a new worksheet for his agriculture exemption on the new parcel.
No Public Comments
Motion to Close the Public Hearing for the Howell Minor Subdivision
Larry Sharpsteen made a motion to Close the Public Hearing for Howell Subdivision at
6:48 pm. Jerry Caward seconded the motion.
All in Favor - 7 Opposed - 0
RESOLUTION PB 18-10
TOWN OF LANSING PLANNING BOARD RESOLUTION OF STATE
ENVIRONMENTAL QUALITY REVIEW (SEQR) NEGATIVE DECLARATION
FOR THE PROPOSED HOWELL 2-LOT MINOR SUBDIVISION
WHEREAS, an application was made by John and Carol Howell for a two-lot subdivision
approval,thus creating one new residential building lot (as the other lot is improved with
the applicant's former home), at 59 Emmons Road, Lansing, New York, and otherwise
known as Tax Parcel #23.-1-6.32 consisting of a total of 89.08± acres, in the RA (Rural
Agriculture) Zone; and
WHEREAS, the proposed subdivision, as shown on a"Survey Map Showing the Lands of
John C. Howell and Carol L. Howell at 59 Emmons Road, Tompkins County, Town of
Lansing, New York," by Sheive Land Surveying dated 7/11/2018 consists of proposed
Parcels A 19.01 acres and B 70.07 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 August 13, 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
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
Page 2 of 12
APPROVED
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 Towri 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 EAF, 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 EAF,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
Page 3 of 12
APPROVED
signed EAF and determination of significance shall be incorporated by reference in these
resolutions.
Dated: August 13, 2018
Motion by: Thomas Butler
Seconded by: Deborah Trumbull
VOTE AS FOLLOWS:
Jerry Caward - Aye
Sandra Dennis Conlon-Aye
Al Fiorille - Aye
Larry Sharpsteen - Aye
Deborah Trumbull - Aye
Thomas Butler, Alternate -Aye
Thomas Ellis -Aye
RESOLUTION PB 18-11
TOWN OF LANSING PLANNING BOARD RESOLUTION
APPROVING HOWELL 2-LOT MINOR SUBDIVISION FINAL
PLAT,WITH CONDITIONS, AT 59 EMMONS ROAD
WHEREAS, an application was made by John C. Howell and Carol L. Howell for a two-lot
subdivision approval, thus creating one new residential building lot (as the other lot is improved
with the applicant's former home), at 59 Emmons Road, Lansing,New York, and otherwise known
as Tax Parcel#23.-1-6.32,consisting of a total of 89.08±acres, in the RA(Rural Agriculture)Zone,
and such proposed subdivision is shown on a "Survey Map showing the lands of John C. Howell
and Carol L.Howell,located at 59 Emmons Road,Town of Lansing,Tompkins County,New York,"
dated July 11, 2018 by Sheive Land Surveying, and consists of Parcel A of 19.01 acres and Parcel
B of 70.07 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 additional building lot with
agricultural fields and each such proposed Lots (Parcels A and B)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
Page 4of12
APPROVED
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 August 13, 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, 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 merely re-
subdivides previously separate lots once approved as part of a major subdivision, 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)there are special circumstances
involved in this particular case, here including the fact that this is a simple two-lot subdivision
(effectively a re-subdivision) that produces conforming lots for residential use in a residential
neighborhood; (iv) 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(v)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 59 Emmons 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
Page 5of12
APPROVED
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. Obtaining the necessary curb-cut/work permits from the appropriate State or local Highway
Department(s) for any driveways connecting with Emmons Road, as well as for any culverts that
are to be installed in conjunction with such driveways.
4. Submission of a plot plan for the newly approved lot when a building permit is sought,
showing a proposed layout and dimensions of any proposed buildings, driveways, and other
improvements, as well as a drainage plan with details sufficient to demonstrate that adequate
drainage facilities can be provided to protect structures from flooding, standing water, or other
potential drainage problems.
August 13, 2018
Motion by: Jerry Caward
Seconded by: Larry Sharpsteen
VOTE AS FOLLOWS:
Jerry Caward—Aye
Sandra Dennis Conlon-Aye
Al Fiorille—Aye
Larry Sharpsteen—Aye
Deborah Trumbull—Aye
Thomas Butler,Alternate-Aye
Thomas Ellis -Aye
Summary of Planning Board discussion with Frank White the representative for
Wagner's Major Subdivision
• All building lots must comply with zoning.
• Lot frontage requirements defines if and how you get a Building Permit.
• Private road must be approved by the Fire Chief and Highway Superintendent as a
suitably approved road.
• The private road will be owned by each of the lots bordering the road as well as each
sharing the tax liability.
• Road will be maintained by each of the owners.
• Road ownership will change with the sale of each parcel bordering the road.
Page 6 of 12
APPROVED
• Make it clear the town is absolving the responsibility of the private road other than
having the Highway and Fire review initially.
• The major subdivision is a five-lot subdivision. (Three lots that are buildable, one for the
private road and a small one to consolidate with Frank White's parcel#37.1-1-1.21.
• The private road will clean up the existing non-conforming lots created in 1982.
• A Condition that each buildable lot will have a stormwater review
Motion to designate Wagner's Major Subdivision as a 5-lot subdivision with 3
buildable lots 1 parent parcel and 1 private road.
Deborah Trumbull made a motion to designate Wagner's Subdivision as a 5 lot Major
Subdivision. Al Fiorille seconded the motion.
All in Favor - 7 Opposed - 0
Motion to Open the Public Hearing for the Wagner Major Subdivision Application
and SEQRA review to subdivide five lots including a private road off Drake Road
"Wagner Lane" in the Commercial Zoning (132). Tax Parcel #37.11-1.21.
Larry Sharpsteen made a motion to Open the Public Hearing for the Wagner Major
Subdivision at 7:37 pm. Sandy Conlon seconded the motion.
All in Favor - 7 Opposed - 0
Floor is open to the Public
No Public Comments
Motion to Close the Public Hearing for the Wagner Major Subdivision
Deborah Trumbull made a motion to Close the Public Hearing for the Wagner Major
Subdivision at 7:40 pm. Jerry Caward seconded the motion.
All in Favor - 7 Opposed - 0
RESOLUTION PB 18-12
TOWN OF LANSING PLANNING BOARD RESOLUTION OF STATE
ENVIRONMENTAL QUALITY REVIEW (SEQR) NEGATIVE DECLARATION
FOR THE PROPOSED WAGNER 5-LOT MAJOR SUBDIVISION INCLUDING A
SHARED "PRIVATE ROAD -WAGNER LANE"WITH CONDITION
WHEREAS, an application was made by Anna J. Wagner for a five-lot subdivision
including a shared private road to be known as "Wagner Lane" approval, thus creating
three new residential building lots at Drake Road, Lansing, New York, and otherwise
Page 7of12
APPROVED
known as Tax Parcel#37.1-1.1.21.consisting of a total of 7.36±acres,in the B2(Commercial)
Zone; and
WHEREAS, the proposed subdivision, as shown on a"Survey Map Showing the Lands of
Anna J. Wagner, located at Drake Road, Tompkins County, Town of Lansing, New York,"
by Sheive Land Surveying dated 3/1/2018 consists of proposed Parcel B1 of 2.14 acres, B2
of 2.14 acres,B3 of 1.70 acres and B4 of 0.38 acres to be merged with parcel#37.1-1-1.4; 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 August 13, 2018 to consider such
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
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 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 negative environmental or related social or
resource impact to be or be likely to become a moderate or significant negative impact;and
Page 8of12
APPROVED
NOW,THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. 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
2. that the Town of Lansing Planning Board,based upon (i) its thorough review of the
EAF,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 EAF, 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
3. 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: August 13, 2018
Motion by: Larry Sharpsteen
Seconded by: Deborah Trumbull
VOTE AS FOLLOWS:
Jerry Caward - Aye
Sandra Dennis Conlon- Aye
Al Fiorille - Aye
Larry Sharpsteen - Aye
Deborah Trumbull - Aye
Thomas Butler, Alternate - Aye
Thomas Ellis - Aye
Planning Board Discussion of what should be changed on the Preliminary Plat:
• Fire Chief and Highway Superintendent to evaluate the existing driveway access for
emergency equipment.
• A Condition that Stormwater be included on each individual parcel as its developed,
labeled on the Plat.
Page 9of12
APPROVED
• Have the creation of a private road agreement where shares and ownership will transfer
with sales of each parcel. To be reviewed by Towri s legal.
• Change the turn-a-round to square off on the end to continue on to the next parcel.
Minimum of 60'wide, access to adjacent parcel.
• A Condition that if development to the East is created,that the private road would be
upgraded to Town Road specifications and then dedicated to the Town as a Town Road.
• Labeled as a 5-Lot Major Subdivision with three lots B1, B2&B3 as buildable lots. Parcel
B4 would be merged with the White parcel #37.1-1-1.21.
• That they have Bolton Point Water and Tompkins County Health Department Septic
System approvals for each individual lot.
• A sign on Drake Road stating that Wagner Way is a Private Road.
Motion to Accept this as a Preliminary Plat Approval with those conditions above
Jerry Caward made a motion to Accept this as a Preliminary Plat Approval with
conditions above. Sandy Conlon seconded the motion.
All in Favor - 7 Opposed - 0
Mike Long Reviews Planning Updates
The highlighted areas were covered at the meeting tonight
• 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.
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.
Page 10 of 12
APPROVED
• Land Use Ordinance Update—Planning Board to recommend changes to Town Board
o Began definitions 7/9/2018 meeting
o Created a subcommittee—mtgs. Ist Monday at 3:30 PM and 3rd Mondays at 6:30
PM at Town Hall. Canceled next 8/20 mt2 till 8/27 at 5:00 PM.
• 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 Discusses buffers and possible floating houses.
• Hillcrest Housing— Site Plan Review+ZBA Use Variance Request
o Submitted application— sketch plan review 5 "Tiny House" in the IR Industrial/
Research Zone. Density/use issues.
o Planning Board Public Hearing and SEQRA Lead Agency coordinated review—
July 23, 2018 meeting
o ZBA Meeting—Use/Area Variance Request—residential uses within the IR
Industrial/Research Zone August 21, 2018.
o Bolton Point Water connection approvals—
o Not within the existing Sewer District— Septic would be required condition.
o SEQRA and Site Plan approval—TBD.
Pocket neighborhood—Overlay Zone—
Defining: Tiny Houses =200 sqft or less and Micro Houses=480 sqft or less.
• John and Carol Howell Minor Subdivision—in process of submitting
o Creation of 2 lots— 8/13/2018 meeting.
• Wagner Family Major Subdivision—in process of submitting
o Creation of several new lots with a"private shared driveway"
o Recommendation to Town Board—Town Law "280A"Private Drive.
• Dutch Harvest Farm— Site Plan Approval
0 72'x102' Barn for weddings /events
o Stormwater review
0 239 Review—will submit after drawings are received.
• Cayuga Vista Apartment— Site Plan Approval
o Sketch Plan Review—PB mtg. 7/9/2018
o Stormwater review
0 239 Review—will submit after drawings are received.
• TCAT Bus stop—Village Solars/Village Circle
o Warren Road at Development— Site visit 8/I/2018.
o Additional TCAT Lansing Bus Service#37 Route
Page 11 of 12
APPROVED
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 was anything else to be discussed.
Adjourned Meeting
Meeting adjourned at the call of Chairman Tom Ellis at 8:01 PM.
Minutes taken and executed by Sue Munson
Page 12 of 12