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HomeMy WebLinkAbout03-12-2018 APPROVED PB MINUTES APPROVED Town of Lansing PLANNING BOARD MEETING Monday, March 12, 2018 6:30 PM PLANNING BOARD MEMBERS (*Denotes present) * Tom Ellis, Chairperson Jerry Caward, Vice-Chairperson Sandra Dennis Conlon Norman (Lin) Davidson Al Fiorille Larry Sharpsteen Deborah Trumbull Dean Shea, Alternate Thomas Butler, Second Alternate Other Staff Edward LaVigne, Supervisor Doug Dake, Council Person Joseph Wetmore, Council Person Mike Long, AICP Guy Krogh, Town Attorney Peter Larson III, ZBA Alternate Lynn Day, Zoning Officer Maureen Cowen, ZBA Member Public Present (24)that signed in Steven Smith Kelly VanRiper Danny Card Patricia Caul Ted Laux Karen Edelstein Melanie Malone S. Hinderliter Lisa Ruzicka Tim Farrell Stephanie Behler Louis Jackson Lynn Green Julie Manners Aaron Hamid Michael Oropallo Scott Hicks Ron Robbins John Hatfield Shaun Brunn Eric Trotter Kym Jackson Eric Jackson Gay Nicholson Chairperson Tom Ellis called the Planning Board Meeting to order at 6:31 PM. FLOOR OPEN FOR COMMENTS/CONCERNS OTHER THAN WHAT IS ON THE AGENDA No Comments 1 I Page APPROVED MOTION TO APPROVE THE PLANNING BOARD MINUTES FOR FEBRUARY 12, 2018 MEETING Larry Sharpsteen made a motion to APPROVE THE FEBRUARY 12, 2018 minutes with amendments. Jerry Caward seconded the motion with page 4 amended last paragraph under Low Impact: from"Intent to manage the size of a business in an area that already has high traffic issues". To "Intent to allow low impact commercial size businesses like medical, dental, insurance company and like that are open 5 days a week." Page 5 amended second paragraph under The Planning: "enough vaguely clear wording" to "broad enough to encompass changes in the future". All in Favor - 7 All Opposed - 0 SUMMARY OF THE DISCUSSION FROM LANSING ROD & GUN'S REPRESENTATIVE MICHAEL OROPALLO, PARTNER WITH BARCLAY DAMON AND THE TOWN OF LANSING PLANNING BOARD • The EPA has a published manual specifically for Gun Clubs called"Best Practices". • Pittman-Robertson Act, "The Act created an excise tax that provides funds to each state to manage such animals and their habitats. Notable species that have come back from the brink since the implementation of this act include white-tailed deer,wild turkey, and wood ducks" This excise tax is placed on every gun,every piece of ammunition, every piece of fishing equipment ... 11 percent of that funds the management of wildlife. This is paid by hunters and fisherman not by all taxpayers. • The Rod&Gun Club has been around since the 1950's on about 113 acres down in Ludlowville. • Approximately 150 members. • The Club does a lot for the Community including providing scholarships for students that have special interests in conservation and restocking of fish over the years. • The Club has been working with the EPA on a plan to protect the environment for the future. o The plan will eliminate contamination to Salmon Creek and the Wetlands in the area. o The Original Option was to install Shot Curtains. ■ About a year to a year and half ago,they had some bad flooding in the area and the Shot Curtains were not going to be the best option. o The next best option was to move the shooting to the other side of Salmon Creek to avoid the flood zone area. ■ This option still eliminates contamination to Salmon Creek and the Wetlands in the area. ■ The Club also went through an Environmental Stewardship Plan. • This plan include remediating the shooting area every five years to reclaim the lead. o The period to remediate can take around 45 days. 2 1 P a g e APPROVED o Remediation would be done before or after the tournament season and the open shooting would be closed during that time. o Process is to excavate down 2', sift out the lead shot,replace the clean dirt and seed. The area on the slope would also be remediated the same way but would include a mesh to stabilize and secure the cleaned soil. o A SWPPP review would be required before remediation could be started, as it will disrupt 1.3 acres. ■ The proposed range would shoot away from the Creek. ■ The Lansing Rod&Gun will add a Bridge to cross Salmon Creek into their plan,for the members to cross over instead of walking down the road to get to the proposed range. Parking concerns will be address in the Site Plan process. ■ The EPA has not discussed any details about cleaning up the existing range (non-wetland areas). • Michael Oropallo says,because it is not abandoned so it is not considered a waste site. • Michael did say that the Club would consider getting the remediation company to include the existing site in the remediation plan,even though it is not a requirement. • Salmon Creek does not appear to have any contamination from the history of shooting Lead in close proximity. o Michael Oropallo will work on getting the testing results of Salmon Creek that were taken upstream and downstream from the Gun Club when the County repaired Salmon Creek Bridge. • The EPA does not advise disturbing the existing Wetland area to reclaim the Lead. o Disrupting the Wetlands would create more harm than the Lead would. o The Lead is heavy and would probably be the last thing that would be moved by the water. o The existing shooting areas do not need to be remediated,per the EPA. o The EPA is recommending that the Planning Board approve the plan. o Within the plan,it is requiring the Club to remediate every 5 years. ■ The soil conditions are not acidic enough to allow the lead to become soluble so it is acceptable to wait for 5 years to remediate. ■ The Planning Board would like the testing results of the soil. • The Gun Club has not discussed the new plan with the immediate neighbor even with the trap range being within a few feet of their property. o It is difficult to see how close the property is without a survey map. o The Town of Lansing and Neighbor would need detailed information to better understand the range area in relationship to the surrounding area. o Is the homeowner within 500'? • The Sanctioned Shoot Tournaments do not allow Steel Shot to be used. o The tournaments are a reliable source of income for the club. 3 1 P a g e APPROVED o The Steel Shot in most cases are three times more expensive to buy. o Steel Shot can damage some guns. o Steel Shot does not have the impact or velocity as Lead Shot does. o A Club cannot use both steel and lead if they want to be able to remediate the lead. ■ The remediation companies do not have the equipment to separate the different metals. o The Planning Board would like the rules of the Sanctioned Shoot Tournaments, to see what it says about Steel Shots. The Public Hearing Notice for Lansing Rod &Gun was published in the Ithaca Journal on February 28, 2018 as required by Law and published on the Town Website on February 27, 2018 in three locations and 600' Parcel Notices were mailed on March 1, 2018. Lin Davidson made a motion to open the Public Hearing on the Site Plan Application from Lansing Rod &Gun at 7:14 PM. Deborah Trumbull seconded the motion. All in Favor - 7 All Opposed - 0 PUBLIC HEARING FOR CONSIDERATION OF AN APPLICATION MADE BY LANSING ROD & GUN FOR SITE PLAN APPROVAL TO RELOCATE TRAP FIELD/SHOOTING RANGE — 55 SALMON CREEK ROAD — TAX PARCEL #26.-7-1 IN THE (RA) RUAL AGRICULTURAL ZONE Summary of the questions and concerns from the Public: • Who is paying for the Lawyer? o No, the NRA did not hire the lawyer. o The Rod & Gun is funded by the Tournaments and Banquets run by the club members. • Concerned the new site is just adding an additional contamination area. • What happens when the Corporation (Lansing Rod & Gun) closes its doors and Tax Payers have to pay for the cleanup? • Concern about the proposed range shooting towards his Farrell/Ruzicka's house located at 101 Salmon Creek Road. • How can they put the new range on land that Tompkins County labeled a UNA. • Farrell/Ruzicka's are concerned that they will be digging up the earth every five years next to their property at 101 Salmon Creek Road. • Farrell/Ruzicka's are concerned with the possible removal of the buffering woods. • Why can't they shoot steel shots? 4 1 P a g e APPROVED • Farrell/Ruzicka's are concerned with possible contamination of their well as it is in close proximity. • The order that was given from the EPA was necessary to protect the public health and the environment better than the existing situation. • Where each of the options given adequate attention? It doesn't seem that way. Below are the four options: o To permanently prohibit lead shot from being used on the Club Property ■ Reason given,not feasible due to cost to the members ■ Possible loss of attendance during the Tournaments o Use of the Shot Curtains ■ The curtain was declined due to the flooding in the current location. Has that been fully investigated? o Relocation of the Shooting Platforms with the Environment Stewardship Plan ■ Tompkins County has designated two UNA areas and a bird area that are in close proximity of the proposed site. Each of these areas are in need of protection from the lead. ■ The Stewardship Plan lacks objective measures and a clear assignment of accountability. There is no specific tie in with each action in the Plan. (When, How and Who is responsible. There is no time frames or intervals). o Close the Club • Can the Town request the options to be looked into with greater detail and documentation? • Can the Club Partnership with other clubs? • What is the cost difference in moving the range (Soil testing, water testing, hiring contractors, the walking bridge, architects, surveyors, lawyers, shuttle bus ....) vs Shot Curtains? • What is the long-term plan for cleanup if the Gun Club is to close now or in the future? • What is the justification to continue to use the toxic lead shot for what is considered a hobby? • Why is the wildlife not carefully considered in the Stewardship Plan? • How much lead is washed out by heavy rains? • Has the bottom of Ludlowville Falls been tested? • Who is supposed to inspect and inforce the Stewardship Plan? • Will gun club members be billed for any fines, cleanup cost, etc? • What type of recordkeeping will be kept to access how many lead bullets have been shot in the 5-year period? 5 1 P a g e APPROVED • What percent of recovery of lead is sufficient to protect our community's health and the wildlife from the additional proposed waste site? • A Recommendation to the Town get the name and addresses of all current gun club members so they can be advised of their legal obligations. • Can the club demonstrate the remediation process on the existing range? Some feel the Wetland area is only about an eighth of the Shooting area. They have been shooting since approximately the 1950's and have not reclaimed the lead. Now is the time. • Concern with the PH levels of the soil. • How will they control the erosion of the slope when they dig two feet into it during remediation every 5 years? o The area on the slope would be remediated the same way but would include a mesh to stabilize and secure the cleaned soil. • Chairperson Tom Ellis states the Public Hearing will stay open and would like to read the letter sent to the Planning Board from the Environmental Protection Agency. See Below. � @ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 3m REGION 2 290 BROADwAY NEW YORK.NY 1=7-18ee arart` March 12,2013 VIA XNAIL AND CERT MD MALLR ETURN REM AP RE UES MD Article number:70I 6 0910 0000 4441 6568 Thomas Ellis,Chairperson Planning Board Town oFLansing 29 Auburn Rd Lansing NY 14882 Re: Planning Board of the'Town of Lansing public Hearing for Lansing[Lod and Gun Club's Application for Site Plan Approval t© Relocate Trap Fields/Shooting Rangc 55 Salmon Creek Road Lansing,New York 14882 Dear Chairman Ellis: This letter is submitted by the U.S.Environmental Protection Agency—Region 2's("EPA Region 2")RCRA Compliance Branch("RC8')in the Division of Enforcement and Compliance Assistance,regarding the above referenced Lansing Rod and Gun Clu6's Application to Relocate Trap Fields/Shooting Range,located at 55 Salmon Creek[Load, Lansing,New York 14892. Due to the short notice provided to EPA Region 2's RCB,we are unable to send a representative to attend the Town of Lansing's Public Hearing to be held on March 12, 2018 at 6:30 PM.We.therefore,are subrnitti ng this letter to provide information to the Town's Planning Board regarding EPA's involvement with the Applicant in this matter,the Lansing Rod and Gun Club("the Cl uh'-or"Respondent"}. EPA[legion 2 and the Lansing Rod and Gun Club entered an Administrative Order on Consent("AOC or"Order"),Docket No.RCRA-02-2016-730I.This AOC was issued pursuant to Section 7003 of the Resource Conservation and Recovery Act("RCRA")cn September 29,2016.A RCRA 7003 AOC is used where a Respondent is cooperative and willing to work jointly with EPA to address a situation that puses a potential endangerment to people or the cnvironment.The Order was issued to the Club requiring it to take steps to prevent lead shot from the shooting range from entering the nearby wetlands area and Salmon Creek(the"Creek")located in close proximity to the C1tib's Trap Fields/$booting Range("the Shooting Range"). 6 Page APPROVED The Order provides options for the Club to stop laad shot from entering-the wetlands area and the Creek.The Order also directs the Club to develop and implement an Etniresnmental Stewardship Plan("ESP")using EPA-s Best Management practices for Lead at Outdcmr Shooting Ranges after the Club decides how best to stop lead shot from entering the wetlands area and the Creels(assuming it continues to operate). On July 20,2017.the Club informed EPA R4o-n2 that flooding in the local area severely impacted the Club's property and the site of the Shooting Range.The flooding made the Club's initial plan for complying with the Order no longer feasible or possible.Tlt after_ the Club has pursued steps to obtain approval from the Towti s Planning Board to relocate the Shooting Mange to a new site, EPA!Legion 2 supporo the relocaliorr of the Shooting Range,provided all Itgal requirement9 are met.and believes that if properly impiemented, it would satisfy-the Order requirements to stop lead shot from entering the wetlands area and Salmon Creek. EPA Region 2 is anxious for-the Club to obtain the necessary approval-9 and to implement,without further delay.the relocation of the Shooting[range,to comply with the Order and stop lead shot from entering the wetlands and the Creek. EPA believes that these aefions will help protect the sensitive wetlands area and the Creek from the adverse eifects associaled with lead shot. Should you require any additional public~information regaining this matter.please contact Mr. Derval Thomas,i,CB team Leader.for this matter.at(212)637-3577.or via email at thoruas.der-%a1_&2at&pv. if Mr_Thomas is not available.you may also contact MS.Melva T.Hayden,Esq..the attorney handling this manor,at t212)637-3230,or via email at havden_melyu pet.�flv. Sincerely yours. Leonard k'oa.C htcf RCIiA Compliance Branch Division of enforcement and Compliance Assistance U.S.! nvirorunental Protection Agency—Region 2 290 Broadway—21 m Floor New York, NY I0047,1966 cc: Thomas Long—Town Board Planning Consultant Guy Krogh,Esq-—Attorney for Town of Lansing Michael A. Oropallo.Esq.—Attorney for Lansing Rod and Gun Club CONTINUED QUESTIONS AND CONCERNS FROM THE PUBLIC • Can they team up with another club on some of the Sanctioned Tournaments and still reap some of the financial support for the club? • An avid shooter says he has tried steel shot and states you cannot shoot steel through a full choke. • From one of the Club members; the club has made provisions not to shoot within the 500' of the residence in the area. He enters Tournament Shoots all across the country not one of them uses steel shot. If this club changes the requirement to prohibit Steel Shot, you will not be able to get people to come to this club and ultimately shut down 70% of the clubs income. The norm during a Tournament is to shoot 300 rounds in a day per person. 7 1 P a g e APPROVED • Farrell/Ruzicka is concerned about the soil quality on their property especially where the well and garden is due to close proximity. • The Safety Zone is an area that you cannot shoot in to. • Concerns that the "Best Practice' manual is very outdated. • Concern with the possible heavy metals within the clay pigeons. The Planning Board is requesting more information from the Rod & Gun. • A copy of the Amateur Trap Association Non-Sanctioning of steel shot. • Copies of the Water testing that was done by the County above and below the Gun Club. • Copies of the Soil testing done to acquire the acidity level. • Evaluation of the parking situation on the new site and/or shuttle service added to the Site Plan • A Survey Map with accurate measurements throughout the site plan including how close they are to the Farrell/Ruzicka's property located at 101 Salmon Creek Road. • Copies of Historical Data on other remediation sites • A Detailed Map showing the Flood Plain area • A Detailed Map of the Wetlands • A copy of the Review and Determinations on the Shot Curtain information Larry Sharpsteen noted that NYS is starting to recommend the use of Copper Slugs for deer hunting instead of Lead Shot. Larry shifted over to the Copper Slugs a couple of years ago. Chairman Tom Ellis closed the floor but leaving the Public Hearing open. He encourages the public to check the agenda for the next few meetings. The Town Planner, Michael Long is working to get the EPA present during the next discussion. • Tom also urges the public to email: tolcodes@lansingtown.com ; call: 607-379-3889 or visit us in person, 29 Auburn Road, Lansing, NY, to the Planning department or send in any additional questions or concerns. RESOLUTION PB 18-04 LEAD AGENCY COORDINATED REVIEW RESOLUTION Lansing Rod and Gun Club - Site Plan Review: 1. RESOLVED that the Planning Board of the Town of Lansing proposes to be the Lead Agency for a coordinated environmental review, and in connection,therewith it is determined as follows: 8 1 P a g e APPROVED i. This action is classified as an Unlisted Action; ii. The Planning Board and Town Board of the Town of Lansing are the only Involved Agencies; and iii. The Interested Agencies are determined to be the Tompkins County Planning Department, the NYS Department of Environmental Conservation, and the U.S. Environmental Protection Agency; and it is further 2. STATE ENVIRONMENTAL QUALITY REVIEW NOTICE OF INTENT TO ESTABLISH LEAD AGENCY PURSUANT TO 6 NYCRR PART 617.6 Motion By: Lin Davidson Seconded by: Sandra Dennis Conlon VOTE AS FOLLOWS: Gerald Caward,Jr. - Aye Sandra Dennis Conlon- Aye Larry Sharpsteen- Aye Norman L. Davidson- Aye Al Fiorille - Aye Deborah Trumbull - Aye Thomas Ellis - Aye A Special Permit from the Town Board could be withdrawn if the Club violates the final conditions. The Site Plan is pending on the requested information and getting the EPA official to one of our meetings. Lin Davidson made a motion to move the April 23, 2018 Planning Board Meeting to April 30, 2018. All in Favor - 7 All Opposed - 0 MIKE LONG REVIEWS PLANNING UPDATES Review of the March 7, 2018 meeting held at the Village of Lansing they discussed the sewer project, it is a three party agreement between the Village of Lansing, Town of Lansing and Cayuga Heights. The Village of Lansing is making progress, they have started the design process for their portion. The Comprehensive Plan was also discussed but was no new topics were raised. 9 1 P a g e APPROVED The Highlighted Projects 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. 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 Ag Committee Meeting—March 5, 2018 at 9:00 AM at Linda's Diner. • 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 101Page APPROVED 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 (I"Wed). o Joint Meeting Feb. 12, 2018 for the Planning Board, Town Board, Zoning Board meeting on the Comp Plan process. o April 4th—Town Board work session—Town Board Member Joe Wetmore Presentation. Encourage Planning Board Members to attend. 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 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. • East Shore Circle—Minor 4 lot Subdivision o Classified as a Minor 4 Lot subdivision—Planning Board Dec 11, 2017. 0 239 Review—exempt under the 5 lot minimum. o Storm Water Plan—completed by John Andersson, reviewed by T.G. Miller—letter Jan. 3, 2018—incorporated changes in revised SWPPP documents. o SEQRA/Minor 4 Lot Subdivision Final Plat—approved 1/22/2018. • Verizon 235 Conlon Road - Cell Tower antenna replacement site plan. 11 IPage APPROVED o Application submitted—needs $1000 check. o Submit to 239 Review—letter received Jan 2, 2018— o Planning Board Public Hearing—Jan 22, 2018. o SEQRA—Type 2 / Site Plan Approved- Jan. 22, 2018. • 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 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 • The Computing Center—Decided not to build Larry Sharpsteen and Thomas Butler will not be able to attend the April 9, 2018 mtg. Dean Shea completed the 7th Revision of the Proposed Solar and Wind Energy Facilities Local Law will add to the Agenda on March 26, 2018 Chairman Tom Ellis closed the meeting at 8:55 PM. 121Page