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Home My WebLink About04-09-2018 APPROVED PB MINUTES APPROVED Town of Lansing PLANNING BOARD MEETING Monday, April 9, 2018 6:30 PM PRESENT ABSENT Tom Ellis, Chairperson Norman (Lin) Davidson Jerry Caward, Vice-Chairperson Larry Sharpsteen Sandra Dennis Conlon Thomas Butler, Second Alternate Al Fiorille Deborah Trumbull Dean Shea, Alternate OTHER STAFF Edward LaVigne, Supervisor Doug Dake, Council Person Mike Long, AICP Lynn Day, Zoning Officer PUBLIC PRESENT (0) that signed in No Public Present during the meeting Chairperson Tom Ellis called the Planning Board Meeting to order at 6:30 PM. Chairperson Tom Ellis Enacted Dean Shea as a voting member tonight due to absences. MOTION TO APPROVE THE PLANNING BOARD MINUTES FOR MARCH 26, 2018 MEETING Deborah Trumbull made a motion TO APPROVE THE MARCH 26, 2018 MINUTES. Sandy Dennis Conlon seconded the motion. All in Favor - 6 Opposed - 0 REVIEW/APPROVAL FOR SIGN APPLICATION FROM CAYUGA ORCHARD APARTMENTS LOCATION ON NORTH TRIPHAMMER ROAD. Tax Parcel #37.1- 6-3.362 (R2) RESIDENTIAL-MODERATE DENSITY 1 lPage APPROVED RESOLUTION PB 18-05 RESOLUTION OF THE TOWN OF LANSING PLANNING BOARD APPROVING AMENDED CAYUGA ORCHARD APARTMENTS SITE PLAN WHEREAS, an original application was made by W.B. Asset Management, L.L.C. (herein, the "Developer"), and its agents (including Tim Buhl, P.E.), for site plan approval for the proposed construction of a 102 Dwelling Unit Residential Complex, located on the west side of North Triphammer Road, Lansing, New York and otherwise known as Tax Parcel #37.1-6-3.362, in the R2 Moderate Density Residential Zone, and such original proposal has been modified to construct 15 separate buildings,each containing between 6 to 8 residential dwelling units,plus a Community Building (for internal resident use only), all to be constructed in one phase that ultimately results in 102 residential 1-2-3 bedroom rental apartments; and WHEREAS, an examination of the prior FEAF and findings under SEQRA show that none of the examined impacts are made more likely to exist, or to be or become moderate or significant adverse environmental impacts, such that no supplemental SEQRA review is deeded required or warranted, and the Negative Declaration is hereby continued; and WHEREAS, the applicant submitted a final site plan, as shown in amended Site Plan Drawings prepared by Tim Buhl, P.E. dated August 10, 2017 and Whitham Planning&Design LLC Plan drawing dated 10/4/2017 which documents form the basis for the Oct. 16, 2017 approval of the amended site plan; and WHEREAS, the applicant had requested a sign area variance for the entrance signs and the Lansing Zoning Board of Appeals (ZBA) approved the requested 15.6 sq. ft. sign area for the two sided entrance sign at N. Triphammer Rd. and denied the request for the second entrance, WHEREAS, all conditions included within the Resolution 17- 11 adopted by the Planning Board on October 16, 2017 are to remain in effect, now therefore be it RESOLVED: that the Town of Lansing Planning Board hereby Amends the Conditional Final Site Plan Approval to include the additional directional signage and lighting for construction of 102 residential dwelling units known as Cayuga Orchard Apartments, as shown on the submitted updated and amended site plan and related application materials, to be located at N. Triphammer Road, Lansing,New York upon TPN 37.1-6-3.362 in the R2 Moderate Density Zoning Zone and that all existing conditions remain in effect including the ZBA Sign Area Variance#18-01. April 9, 2018 Motioned by: Deborah Trumbull Seconded by: Jerry Caward VOTE AS FOLLOWS: Jerry Caward—Aye Deborah Trumbull—Aye Sandy Dennis-Conlon -Aye Al Fiorille—Aye Dean Shea, Alternate—Aye Tom Ellis—Aye 2 1 P a g e APPROVED REVIEW OF THE 8th REVISION OF THE ALTERNATIVE, SOLAR AND WIND ENERGY SYSTEMS AND FACILITIES LAW DATED 3/27/2018 SUMMARY OF DISCUSSION: • Would Farmers take prime farmland and change it to Solar? If so, how do we handle that? • All Solar Farms will go through the IDA. • SEQR would apply for large scale Solar Farms and would need to go through Site Plan. • Landowner consideration for leases put online so landowners can review before applying for a permit. • The life span of the Solar Panels seem to be lasting longer than anticipated. • Recycling end of life Solar Panels is better than originally thought. • The Board would like a map that would show all the three phase areas in the Town of Lansing. • Terri Carroll met with the six County Region. The State of New York has six grants left for those that meet the four criteria's. The Town of Lansing is working on meeting all four criteria. This would assist the Town to add Solar Panels on the Town Hall. • The Board would like to encourage the Town to install LED lighting in all the streetlights. • It was mentioned that NYSERDA had a great Decommissioning Fact Sheet (Shown below). • Mike Long handed out a New York Solar Guidebook that has been uploaded to the Towri s website: lansingtown.com, located in the Planning Board Current Docs. 3 1 P a g e APPROVED FACT SHEET NEIAFYORK DECOMMISSIONINGopporl SOLAR F *7L1R �QnTur�irr_ PANEL SYSTEMS This fact sheet provides information to Whet Is a decommissioning plan? local governments and landowners on Local governments may require to have plan In placeto decommissioning of large-scale solar remove solar panel systems at the end of their Iifecycle. which is typically20-40years.A decommissioning plan panel systems. autllnes required steps to remove the system,dispose of or As local governments develop solar regulations and recycle Its components,and restore the land to Its original landowners negotiate land leases,it Is Importantto state.Plans may also Includean estimated cost scheduleand understand the options for decommissioning solar panel a farm of decommissioning security(see Table 1). systems and restoring project sites to their original status. From a land use perspective,solar panel systems are What Is the estimated cost of decommissioning? generally considered large-scale when they constitute Grven the potent al costs ofdecommissioning and land the primary use of the land,and can range from less than reclamation,It Is reasonable far landowners and local one acre In urban areas to 10 or more acres In rural areas. govemments to proactively consider system removal Depending on where they are sited,large-scale solar guarantees.A licensed professional engineer,preferably projects can have habitat,farmland,and aesthetic Impacts. with solar development experience.can estl mate As a result,large-scale systems must often adhere to decommissioning casts,which vary across the United States. speclflc development standards. Decommissioning costs will vary depending upon project size,IocatJon,and complexity.Table 1 provides an estl mate Abandonment and decommissioning defined of potential decommissioning casts for a ground-mounted Abandonmen#occurs when a solar array Is Inactive for a 2-MW solar panel system. Figures are based on estimates certain period oftime. from the Massachusetts solar market.Decommissioning costs far a New York solar Installation may dlf-er. Some Abandonment requires that solar panel systems be materials from solar Installations may be recycled,reused,or removed after a specified period oft!me If they are no even sold resulting In no costs or compensation. Consider longer In use.Local govemments establlshtimeframesfor allowing a periodic reevaluation ofdecommissioning costs the removal of abandoned systems based on aesthetics, during the project's lifetime by licensed professional system size and complexity,and location. For example, engineer,as costs could decrease and the required payment the Town of Geneva.NY,deflnes a solar panel system should be reduced accordingly. as abandoned If construction has not started within 18 TI�bie 1=sample list ardecommisioning tasks an❑estimateci costs months of site plan approval,or If the completed system has been nonoperational for more than one year! . Once a local government determines a solar panel 7MMant fldra 777 $2.459 system Is abandoned,and has provided thirty�30�days $2.44U prior written notice to the owner It can take enforcement s $12.350 act]ons.Including Imposing civil penaltiesJflnes,and ae m Dy e El ectrilcal EQ u io ment S1850 removing the system and Imposing a Ilen on the property Break up-and ReMDVD Cpncrete Pads Dr k1lasts S1.570 to recover associated costs. Rem vie Raeks S7,600 Decornmisslordng Is the process for removing an abandoned RemweCahle SE.530 solar panel system and remediating the land. RemveeGruu rid SerewsandPawerPales S13,850 + When describing requl rem ents for decommissloning RemveeFenee SA. 50 sites,It Is possibleto spec iflcallyrequlre the removal GradinE 34_440 of Infrastructure,disposal of any components.and the Seed Dist urhedArras $250 stabilization and re-vegetation ofthe site. irucktaReeTeliu Center $2.25? CtFrentiat2i SO= iatIlAfter20YGMrs[2. %IaIIgUOFMte; M90U Towr?or Geneva,N.Y.CODE§130-4(D[5)(2OT6). 1iEwY�RI[ N 1 SERDA STATE of OPP4liLINrIY_ 4 1 P a g e APPROVED How can decommissioning be ensured? the decommissloning plan.This clause could allow for the Landowners and local governments can ensure appropriate landowner to pay for removal of the system or passthe costs decommissioning and re€lamation byusing financlaI and to the developer. reg ulato ry mecha nisms. However,these mechanisms come Decornmissionling Trusts or Escrow Accounts.Solar with tradears. Including decommissioning costs In the. developers can establish a cash account or trust fund upfront price of sola r prcj ects Increases overall project costs, for decommissioning purposes.The developer makes a which could discourage solardevelopment.As a result, series of payments during the project's Ilfecycle until the solar developers are sometimes hesitant to provide fund reaches the estimated cost of decommissioning. or require financial surety for decommissioning casts. Landowners or third-party flnanclal institutlons can manage It is also Important to note that many local governments these accounts.Terms on Individual payment amounts and choose to require aflnancial mechanismfor deco mmissioning. frequency can be Included In the land lease. Although slmIlartotelecommunlcatlons Instal latlans,there Is Rernoval or5urety Bonds.Solar developers can provide no specific authontyto do so as part of land use approval decommisslonIng security In the form of bonds to guarantee for solar projects(see Table 2).Therefore,a local government the availability of funds far system removal.The band should consult theirmunici pal alto mey when evaluating amountequals the decom miss ioningandreclamat Ion costs financial mechanisms. for the entire system.The band must remain valid until the The various flnancial and regulatory mechanisms to decommisslonIng obligations have been met.Therefore,the dec a m missl on projects a re deta II ed be low. band must be renewed o r re pl aced If necessary to ac cou nt far any c hanges I n t he tota I decom m issi a nin g cast. Table 2=Re1-2Vant Proms ions of General City,Town,and Village Letters of credit A letter of credit Is a document Issued by Laws Relating to MunlclpalAuttlarltytoF2equire Conditions, a ban k that a ssures landowners a paymentupto a speclfled alvers,and Flnanclal Me€nanIsms amount,given that certain conditions have been met.In the case that the project developer fa11s to remove the system_ 5"md,1rr,,,r 27a i4) 274-a f41 P-725-a f4) the landowner can claim the specified amount to cover 27-a i51 274-a(5) P-725`a(5) decornmisslonIng costs.A letter of cr�editshould clearly bond ar akher seel rity 27aiP) 27q a(7) p_T2a(7ate the conditions for payment,supporting documentation landowners must provide,and an expiration date.The 33171 277171 document must be continuously renewed or replaced to remain effective until obligations under the decommissioning bondarAherBeeLritlr 3318) 217191 P-73t1(91 plan aremet2 27-b(4) 21014) 7-725`b(4) Nonfinancial mechanisms 1Yai4ers 127hi5) 274-h151 I 7_TW,6(5 Local govemments can establish nonfinancial decommissioning Soufre:Referenced citations may be viewed using the NYS Laws of requirements as part of the law. Provlslorc for decommissioning New York online large-scale solar panel systems are slmllar to those regulatJng Excerpts From theseskawtes are also containE-d Wthin the'Guide to Planning telecommunications Installations,such as cellu lar towers and and Zoning Laws of New York Stake"Nsw Y_-rk State division of Lc---al antennas.The following options may be used separately Gc,A-rnmenksServlcas,June2011:www.dos.ny.govllgrpubllcatlans-'Guide_ or together. ta_piannl ng_a nd_zon Ing_laws.pcif Abandonniont wind R-@movid Clause.Local governments FinanclaI mechanisms can I ncl ude I n thel r zoni ng code a n abandonment and Docornmissioning Provisions In Land-Lease Agreements. removal clause for solar panel systems.These cases If decommission plan Is requlred,public or private ef-ectively become zoning enforcement matters where landowners should make sure a decommissioning clause project owners can be mandatedto remove the equipment Is Included Inthe land-lease agreement.This clause may via the Imposition ofcIMI penalties andflnes.and{or by depend on the decommissioning preferences ofthe Imposing a lien on the property torecovertheassociated landowner and the developer.The clause could require costs.To be mast effectlwz,these regulations should be the solar project developerto remove all equlpmentand very speclflca bout the length of time that constitutes restore the land to Its original condition after the end of the abandonment.Establishing a tlmeframe for the removal of contract,or after generation drops below a certain Ieve1, a solar panel system can be based on system aesthetics, or It could offer an option for the landowner to buy-out and size,location,and complexity.Local governments should continue to use the equipment to generate electricity.The Include a hlghdegree of spec rFlcltyMen defining'removal" decommissioning clause should also address abandonment to avoid amblgultyand potentlaI conflicts. and the possible fallure of the developer to corn ply with 'See o ke7er OrCredrf vibnWncl to Me ure(morr[8OMC SerVECe Board by WXCSwa Ewr9% LLC. raw.11psavermonr.goylsotes/psj�ftpSb�OC MSG odpr0)2CtsISPICrlE)MODlr 20POtSioner%2OIL-7%20(;Wevised 20326.f4].par 5 1 P a g e APPROVED . Sp-@�cral RetmltAppircadon.A local govemment may also Additional Resources mandatethrough Its zoning code that a decommissioning plan be submitted by the solar developer as part of a site Template Solar Energy1>2velopment Ordinance for plan or special permit applicati on. Ham ng such a plan Inplace North Carolina{seeAppenclkGat pg.21forSample allows the local government,In cases of noncompliance,to Decommissioning Plan):nccleantech.ncsu.edu.-Wp-content/ place a Ilen on the property to pay for the costs of removal uploadslTemp late-so lar-ordinance_V1.4_12-18-13.pdf and remediation. Land Use Planning for solar:trelning.ny-sun.ny.gow . Temporary VarlancialSpeerai Permit Process.As an Images.-PDFs.Land_use_Planning_Z Soler Energy.pbf alternatWto requiring a financial mechanism as part of land Zoning GuldeTor solar:train ing.ny-sun.ny.gow Images•' use approval,local governments could employ a temporary PDFs,.'Zoning_forsoiarEnergy_Resource_Gulde.pdf variance special permit process�effectivelya re-licensing Information onFlrst solar'srecycling program Tor all of system). Under this system,the locality would Issue a special t Mel r modules:www_flrstsoier.coWenlT�bcnnoiogies- permit orvarlancefor the faclllty for a term of20ormom and-ca Pat)llttiesiRecyCling-ServIces years:once expired (and If not renewed),the site would no P-r Cycle:Europe's PV recycling program: longer be In compllance with local zoning,and the locality www_pvcycle-org; could then use th el r regu lar zoning enforcement authontyto require the removal ofthe facility. Solar EnergylndustrlesAssociation PELA1 Information on solar panel recycling: What are some examples of abandonment and wwwsela.arglpolicylenvironmentlpv-recycling decommissioning provisions? silicon Valley Tomes Coalition:swtc.orgt The New York State Model Solar Energy Law provides model SllIcon Valley To)k Coalition Solar Scorecard: language for abandonment and decommissioning provisions: wwwsolarscorecard.com12015f2015-SVTC-Solar- wwwxTiny,edufabouVresourcesAustalnabilityfreportslNYS_ scorecard.pdf Model—Sol er_Energy_LawTool kiLRNAL-fina1.pdf End-or-Ilse PV:tnen-imat?-Recycling solar panels: The fallowing provide further examples that are Intended to be wnww.renewablis�nogyfocus.com'wlew.3oo5.1ond-of- Illustrative and do not confer an endorsement of content: Ilfe-pw-tnen-what-recycling-solar-pw-panels.' . Town of Geneva,N.Y..§130-4�D): eoade,3G0 corn=823382 • Tv,-.n of Olean_N.Y._§10.25.5: dynarrIC pUblle-prN210 +_rLnerSM Ip. w4rrwxltyofoleanorgV*ounciC'minutes,tcFnin281rr0444.pdf a rrm ,rounm Fn no sol ar industry 2n a ma ko sol2r Is there a checldlst for decommissioning plans? bri ngs; ++ p- + - + ++ra rns ad rn inistoredEnergy The following Items are often addressed In decommissioning • F F. , F{ , * , F plans requirements: Long + . Defined conditions upon which decommissioning will be PowerAUtI1orftylNYP4 to Initiated (I.e.,end of land lease, no operation far 12 months_ ensuroia coordinmed,well-supported - - rgy prior written notice ta facility owner,etc.). -+In r Industry. Removal of all nonutlllty owned equipment,conduit_ structu res.fencing,roads,and foundations. Restoration of property to condruon prior to solar development. . The timcframe for completion of decommissioning activities. . Description of anyagreement(e.g..lease)with landowner regarding decommissioning. . The party responsible for decommissioning. • PIansforupdatIngthedecommisslaningplan. . Before final electrical Inspection,provide evidencethat the decommissioning plan was recorded with the Register of Deeds. 'Wrth Caroffw ScY r Ceofer,NCSU57CYicD?e Energy COMY Decemr3er201.3. Terrrprate SO&YEnergyDeveMprraeru Ordfoarace for NWOCOFONnG.11CfpS:ACUOUFFfeC11.rPCSU.edll 4Y�f-COf7f of lJ�l4 SfT2f11�rU[2 01af-OfUlnaf]C2_V1.0 f2-is-f3,par NEWYOKK N1fSERD1 s__0. SLrJGEN�e.�ar.fai�rl 9115 OPP4�ITLINITI'_ 6 1 P a g e APPROVED MOTION TO FORWARD THE ALTERNATIVE, SOLAR AND WIND ENERGY SYSTEMS AND FACILITIES LAW ONTO THE TOWN BOARD Dean Shea made a motion TO FORWARD THE ALTERNATIVE, SOLAR AND WIND ENERGY SYSTEMS AND FACILITIES LAW ON TO THE TOWN BOARD FOR REVIEW AND APPROVAL. Tom Ellis seconded the motion. All in Favor - 6 Opposed - 0 MIKE LONG REVIEWS PLANNING UPDATES Items highlighted were discussed • 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 Joint Planning Board and Town Board meeting held-June 22, 2015 o Town Board adopted Ag Plan on Sept. 16, 2015. o Farm Day-Held Oct. 15, 2016 at Town Hall o Farm Lecture Louise Bement- Oct. 7, 2017-Community Celebrations $1,200 Grant awarded-3-4 Agriculture Poster Boards. o Louise Bement and Connie Wilcox assisting with poster boards via History Center. o Next Scheduled Ag Committee Meeting-May 7, 2018 at 9:00 AM at Linda's Diner. o Cornell Law School project 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. 7 1 P a g e APPROVED • Comprehensive Plan —Town Board appointment of additional new members Jan 4, 2016 o Committee Public Hearing—August 10, 2016---- o Committee Final Document—approved Sept 14, 2016. o Town Board Resolution Sept 14, 2016 Thanking members for their service and requested Planning Board to review and give input on this document. o Planning Board work sessions— Sept, 12, Sept. 26, Oct 24,Nov 14, Dec 12, Jan 23, Feb 13, Feb 27, March 13, April 24, May 8, 2017, May 15, 2017 , and June 12, 2017. o Finalize Comprehensive Plan version to Town Board July 18, 2017. (Posted to web) o Planning Board Blackline version of changes to the 2016 Comp Plan available 8/14/2017. o Informational session planned—(8/30 at 6:30pm Community Center) o Planning Board Public Hearing—Oct 30tn o Planning Board Revisions and Recommendation to Town Board 11/13/2017 0 239 Review from Tompkins County Planning - Received initial comments— formal with SEQRA Review Process - TBD o Town Board Public Hearing—Dec. 20, 2017 held on Planning Board recommended version. o Town Board—Work Session scheduled for Feb 7, 2018 to discuss moving forward. Town Board has added Comp Plan comments to the Town Board agenda for the business meeting (3rd Wed) and the work session meeting(1st Wed). o Joint Meeting Feb. 12, 2018 for the Planning Board, Town Board, Zoning Board meeting on the Comp Plan process. o April 4, 2018—Town Board work session—Town Board Member Joe Wetmore. o April 11, 2018—Town Board work session—discussion of edits. o Town Board Adoption of SEQRA findings and Comprehensive Plan—TBD. • NYSEG—Cell Tower (100 foot height) intersection of Peruville Rd at NYS Rt. 34 o Transfer Substation, electrical relays. Site improvements o Preliminary sketch plan review—April 24, 2017 meeting o Recommended investigation of alternate sites—Town Highway Site? o Fall Zone issues (140 foot height required) 0 239 Review—sent 3/23/2017 o Investigation of Town Highway site—alternate location lease o Town Board authorized the agreement- final language is in review and approval o Recommendation from Planning Board to locate at the Town Barn Site 8 1 P a g e APPROVED o Public Hearing/ SEQRA/TBD. • Cayuga Farms/Cayuga Orchard— Site Plan modification o Town Road ownership interior roadway—built to town road specifications. o Package Plant System—NYS DEC - Meeting 8/23/2017 o Water System—Bolton Point—Meeting 8/23/2017 master meters? o Highway Comments—ok but need to comply with town highway specs. 0 239 Request—revised site plan sent 9/7/2017. o Amend site plan approval—October 16, 2017 meeting. o Extend Consolidated Water District— 11/15/2017 o Amend Site Plan—signs— 1/22/2018—minor change/not to reopen SEQRA? o ZBA area variance request—tentative March 20, 2018 o Amend site plan approval—tentative March 26, 2018 meeting. • Lansing Rod and Gun Club—reconfigure the shooting range, and site plan improvements o Site Plan application submitted— 1/11/2018 o Submitted to 239 review— 1/11/2018. —Review letter received Jan. 29, 2018. o Public Hearing/Lead Agency Designation—March 12, 2018 meeting o Continued discussion—map preparation, etc. o SEQRA/ Site Plan review—TBD. 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—tentative April 30, 2018 meeting. It was mentioned and discussed by the Planning Board that the Town Board should add a Low Impact Commercial/Business Zone to the Comprehensive Plan. It would be considered a Transition Zone from residential to commercial. Chairperson Tom Ellis asked if there was anything else to be discussed. ADJOURN MEETING Meeting adjourned at the call of Chairman Tom Ellis at 7:30 PM. Minutes taken and executed by Sue Munson 9 1 P a g e