HomeMy WebLinkAbout10-28-19 APPROVED PLANNING BOARD MINUTES APPROVED
1 Town of Lansing
2 PLANNING BOARD MEETING
3 Monday, October 28, 2019 6:30 PM
4
5 Present Absent
6 Norman (Lin) Davidson Jerry Caward, Chair
7 Al Fiorille, Vice-Chair Sandra Dennis Conlon
8 Dean Shea Larry Sharpsteen
9 Deborah Trumbull
10 Thomas Butler, Alternate
11 Dale Baker, Second Alternate
12
13 Other Staff
14 C.J. Randall, Planning Director Sue Munson, Code Office Doug Dake, Town Board
15 Joseph Wetmore, Town Board Lynn Day, Code Enforcement Officer
16
17 Public Present (13) that signed in
18 Sam Neno Penny Neno George Fenner Wendy Fenner Evelyn Stevens
19 Lawrence Zuidema H. Michelson Floyd Davis Marie Nygard Aleaha Gulini
20 Andrew Sullivan Scotty Britton Wayne Britton
21
22 Acting Chair Al Fiorille enacted Alternates Thomas Butler and Dale Baker as voting
23 members, due to absent voting members.
24
25 Chair Al Fiorille opened the meeting at 6:34 pm.
26
27 Motion to approve the Planning Board minutes for September 23, 2019 meeting as
28 amended
29 Motion by: Dean Shea Seconded by: Deborah Trumbull (Motion Carried)
30
31 Town Board Liaison Report
32 No report at this time
33
34 Privilege of the Floor
35 No Public Comments
36
37 PUBLIC HEARING: Neno Minor Subdivision Applicant: Sam Neno on behalf of Dona
38 S. Neno, Owner Location: 172 & 176 Munson Road; Tax Parcel No. 19.4-26.2
39 Project Description: The Applicant is requesting to subdivide the existing 107.21-acre
40 parcel into two parcels: Parcel 1, measuring±10.52 acres with two existing houses; and
41 Parcel 2, ±96.60 acres and partially actively farmed. The property is located in the Rural
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APPROVED
42 Agricultural (RA) Zoning District. This is an Unlisted Action under the State
43 Environmental Quality Review Act and is subject to environmental review.
44
45 Applicant approached the front table to discuss subdivision with the Planning Board.
46
47 Motion to Open the Public Hearing for Neno Subdivision at 6:37 pm
48 Motioned by: Dean Shea Seconded by: Lin Davidson (Motioned Carried)
49
50 Summary of Discussion:
51 - Grandson is buying 10.52 acres with two existing houses from the parent parcel
52 - Will keep the four acres that is farmed as is, to avoid the ag penalty that would
53 be enforced if the existing farmland was removed from an agriculture use
54
55 Public Comments:
56 - No comments from the Public
57
58 Motion to Close the Public Hearing for Neno Subdivision at 6:40 pm
59 Motioned by: Dean Shea Seconded by: Lin Davidson (Motioned Carried)
60
61 Planning Board review of SERF Part 1:
62 - Page 2 #10 change to "No"
63 - Page 2 #11 change to "No"
64 - Page 3 #14 add "Forest"
65
66 Planning Board reviewed of Part 2 and Part 3:
67 - Determination is that the proposed action will not result in any significant
68 adverse environmental impacts
69
70 RESOLUTION PB 19-35
71
72 TOWN OF LANSING PLANNING BOARD RESOLUTION OF STATE
73 ENVIRONMENTAL QUALITY REVIEW (SEQR) NEGATIVE DECLARATION
74 FOR THE PROPOSED MINOR SUBDIVISION -172 &176 MUNSON ROAD,
75 LANSING, NEW YORK, TAX PARCEL #19.-1-26.2
76
77 WHEREAS, an application was made by Sam Neno, Applicant, on behalf of Dona S.
78 Neno, Owner, for a two-lot Minor Subdivision approval to create Parcel 1, measuring
79 10.52 acres with two existing houses and two sheds with ±4 acres actively farmed; and
80 remaining lands, Parcel 2, measuring 96.69 acres, at 172 & 176 Munson Road, Lansing,
81 New York, and otherwise known as Tax Parcel #19.4-26.2, consisting of a total of 107.21
82 acres, in the RA (Rural Agriculture) Zoning District; and
83
84 WHEREAS, this action was determined to be an Unlisted Action for which the Town of
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APPROVED
85 Lansing Planning Board is the sole involved agency for the purposes of a State
86 Environmental Quality Review Act ("SEQRA") review; and
87
88 WHEREAS, this is a proposed action reviewed under Local Law 3 of 2016, Subdivision
89 Rules and Regulations of the Town of Lansing for which the completed application was
90 received September 17,2019; and
91
92 WHEREAS, this Board, acting as Lead Agency in environmental review, did on
93 October 28, 2019,review and accept as adequate: "Proposed Subdivision Plat- Lands of
94 Dona S. Neno," prepared by Reagan Land Surveying and dated 8/2019; an Agricultural
95 Data Statement and Short Environmental Assessment Form (SEAF), Part 1, submitted
96 by the Applicant, and Part 2, prepared by the Planning Board; and other application
97 materials;
98
99 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
100
101 That the Planning Board of the Town of Lansing determines the proposed project will
102 result in no significant impact on the environment and that a Negative Declaration for
103 purposes of Article 8 of the Environmental Conservation Law be filed in accordance with
104 the provisions of Part 617 of the State Environmental Quality Review Act for the action
105 of Minor Subdivision approval for Town of Lansing Tax Parcel Number 19.-1-26.2 by Sam
106 Neno, Applicant, on behalf of Dona S. Neno, Owner.
107
108 Dated: October 28, 2019
109
110 Motion by: Dean Shea
111 Seconded by: Deborah Trumbull
112
113 VOTE AS FOLLOWS: Lin Davidson- Aye
114 Dean Shea - Aye
115 Deborah Trumbull - Aye
116 Thomas Butler, Alternate - Aye
117 Dale Baker, Alternate - Aye
118 Al Fiorille - Aye
119
120 Received and filed in the Lansing Town Clerk's Office on October 30, 2019.
121
122 Final Review of Subdivision Plat: The Planning Board has considered and carefully
123 reviewed the requirements of the Towri s local laws relative to subdivision and the
124 unique needs of the Town.
125
126 RESOLUTION PB 19-36
127
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APPROVED
128 TOWN OF LANSING PLANNING BOARD RESOLUTION - PRELIMINARY AND
129 FINAL MINOR SUBDIVISION APPROVAL,
130 172 &176 MUNSON ROAD,LANSING,NEW YORK,TAX PARCEL #19.4-26.2
131
132 WHEREAS, an application was made by Sam Neno, Applicant, on behalf of Dona S.
133 Neno, Owner, for a two-lot Minor Subdivision approval to create Parcel 1, measuring
134 10.52 acres with two existing houses and two sheds with ±4 acres actively farmed; and
135 remaining lands, Parcel 2, measuring 96.69 acres, at 172 & 176 Munson Road, Lansing,
136 New York, and otherwise known as Tax Parcel #19.4-26.2, consisting of a total of 107.21
137 acres, in the RA (Rural Agriculture) Zoning District; and
138 WHEREAS, this is a proposed action reviewed under Local Law 3 of 2016, Subdivision
139 Rules and Regulations of the Town of Lansing for which the completed application was
140 received September 17, 2019; and
141
142 WHEREAS,the Planning Board has considered and carefully reviewed the requirements
143 of the Towns local laws relative to subdivisions and the unique needs of the Town due
144 to the topography, the soil types and distributions, and other natural and man-made
145 features upon and surrounding the area of the proposed subdivision, and the Planning
146 Board has also considered the Towns Comprehensive Plan and compliance therewith;
147 and
148
149 WHEREAS, this Board, acting as Lead Agency in environmental review, did on
150 October 28, 2019,review and accept as adequate: "Proposed Subdivision Plat - Lands of
151 Dona S. Neno," prepared by Reagan Land Surveying and dated 8/2019; an Agricultural
152 Data Statement and Short Environmental Assessment Form (SEAF), Part 1, submitted
153 by the Applicant, and Part 2, prepared by the Planning Board; and other application
154 materials; and
155
156 WHEREAS, a Negative Declaration of environmental impact was duly issued under the
157 State Environmental Quality Review Act (SEQRA) in respect of this action, and it is
158 further noted that this action is exempt from the General Municipal Law County
159 Planning referral requirements of General Municipal Law ("GML") §§ 239-1, 239-m, and
160 239-n through an Inter-Governmental Agreement between the Tompkins County
161 Planning Department and the Town of Lansing dated December 17, 2003, as
162 "residential subdivisions of fewer than 5 lots all of which comply with local zoning
163 standards and Tompkins County Sanitary Code requirements, and do not involve new
164 local roads or streets directly accessing a State or county road" are excluded from GML
165 referral requirements; and
166
167 WHEREAS, on October 28, 2019, the Planning Board reviewed and considered the
168 aforementioned subdivision application in the Lansing Town Hall, 29 Auburn Road,
169 Lansing, New York 14882 and duly held a public hearing on the Minor subdivision
170 application, and all evidence and comments were considered, along and together with
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APPROVED
171 the requirements of the Towns subdivision regulations, existing development in the
172 surrounding area, the public facilities and services available, the Towns
173 Comprehensive Plan and the Land Use Ordinance, site characteristics and issues, and
174 any potential on- and off-site environmental impacts; and
175
176 WHEREAS, upon due consideration and deliberation by the Town of Lansing Planning
177 Board, now therefore be it
178 RESOLVED,that the Town of Lansing Planning Board grants Final Plat Approval of the
179 Application for a two-lot subdivision of certain land at 172&176 Munson Road,Lansing,
180 New York, subject to the following conditions:
181
182 1. The sealing and endorsement of such Minor Subdivision Final Plat by the Planning
183 Board Chair, thereafter presenting and obtaining the signing of the plat by Tompkins
184 County Assessment Department stamp followed by filing in the Tompkins County
185 Clerk's Office, followed by provision of proof of such filing within the time limit
186 requirements of 62 days with the Town of Lansing Code Enforcement Office.
187
188 Dated: October 28, 2019
189
190 Motion by: Dean Shea
191 Seconded by: Lin Davidson
192
193 VOTE AS FOLLOWS: Lin Davidson - Aye
194 Dean Shea - Aye
195 Deborah Trumbull - Aye
196 Thomas Butler - Aye
197 Dale Baker- Aye
198 Al Fiorille - Aye
199
200 Received and filed in the Lansing Town Clerk's Office on October 30, 2019
201
202 PUBLIC HEARING: Addition to the School of Radiant Living at the Yoga Farm
203 Applicant: Christopher Grant Location: 404 Conlon Road; Tax Parcel No. 27.4-8
204 Project Description: The Applicant proposes construction of a 2300 sq. ft. addition to
205 the existing professional office and a new 576 sq. ft. meditation cabin. The property is
206 located in the Rural Agricultural (RA) Zoning District. This is a Type II Action under
207 the State Environmental Quality Review Act 6 NYCRR 617.5(c)(9).
208
209 Applicant approached the front table to discuss site plan with the Planning Board.
210
211 Motion to Open the Public Hearing for The Addition to the School of Radiant Living
212 at the Yoga Farm at 6:49 pm
213 Motioned by: Dean Shea Seconded by: Deborah Trumbull (Motioned Carried)
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APPROVED
214
215 Summary of Discussion:
216 - They only revised site plan with more clarification of the septic and the size of
217 the decks at the meditation cabin
218 - Applicant agrees to stop amplified music by 11 pm
219 - Scott Purcell the Town of Lansing Fire Chief inspected the width &length of the
220 driveway &turnaround to the meditation cabin for adequate access of
221 emergency equipment. The only thing that should happen is cutting some of the
222 lower branches that hang down over the driveway and keep them trimmed
223 - No parking along the edge of the road
224 - Applicant agrees and does not plan to allow fireworks as well as no drinking and
225 no smoking
226
227 Public Comments:
228 - Adjacent neighbor has concerns of School of Radiant Living at the Yoga Farm's
229 clientele. Neighbor asking for an agreement with Applicant to educate the clients
230 as to where the boundary lines are, to avoid trespassing. Applicant has offered to
231 put up posted signs along the border to assure the success of communication
232 with their clients
233 - Another adjacent neighbor voicing same concern with Applicant's clientele. His
234 property is posted, and the Applicant's clients still trespass onto his property and
235 enjoy swinging on his bench swing by the stream. Neighbor's other concern is
236 how much will traffic increase from the expansion. If it is going to be a large
237 increase, it would be helpful to petition the County to get the speed limit reduced
238 on Conlon Road
239
240 Motion to Close the Public Hearing for The Addition to the School of Radiant Living
241 at the Yoga Farm at 7:04 pm
242 Motioned by: Dean Shea Seconded by: Lin Davidson (Motioned Carried)
243
244 The Planning Board responded to the neighboring property owners request to include
245 conditions to reduce trespassing in the approval resolution.
246 - The Planning Board's response is the School of Radiant Living/Yoga Farm
247 Owner and the Neighbors need to work that out on their own.
248
249 The School of Radiant Living/Yoga Farm Owner agreed to work directly with their
250 neighboring property owners and to include some form of notification to their clients
251 regarding property boundaries to reduce trespassing.
252
253 RESOLUTION PB 19-37
254
255 PRELIMINARY AND FINAL APPROVAL - SITE PLAN REVIEW,
256 SCHOOL OF RADIANT LIVING AT THE YOGA FARM, 404 CONLON ROAD,
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APPROVED
257 LANSING, NEW YORK
258
259 WHEREAS, an Application was submitted for Site Plan approval on behalf of the Yoga
260 Farm, by Christopher Grant, Applicant,for the proposed construction of a 2,300 sq. ft.
261 addition to the existing School of Radiant Living professional office, a new 576 sq. ft.
262 meditation cabin, and other site improvements on 64.34 acres at Auburn Road at 404
263 Conlon Road, Lansing, New York, also known as Tax Parcel No. 27.4-8 located in the
264 Rural Agricultural (RA) Zoning District; and
265
266 WHEREAS, this proposed action is a Type II Action under the State Environmental
267 Quality Review Act 6 NYCRR 617.5(c)(9) and not subject to environmental review; and
268
269 WHEREAS, this is a proposed action reviewed under Section 701.0 Site Plan Review of
270 the Town of Lansing Land Use Ordinance, for which the completed application was
271 received July 26, 2019; and
272
273 WHEREAS, this action was referred to Tompkins County Department of Planning and
274 Sustainability under the referral requirements of General Municipal Law ("GML") §§
275 239-1, 239-m, and 239-n and a September 10, 2019 letter from Commissioner of Planning
276 and Sustainability Katherine Borgella determined that the proposal has no negative
277 inter-community or county-wide impacts; and
278
279 WHEREAS, legal notice was published on October 15, 2019 and adjacent property
280 owners within 600 feet were notified by mail on October 15, 2019, and pursuant to
281 Section 701.6.2 of the Land Use Ordinance ("LUO") of the Town of Lansing, the
282 Planning Board held a Public Hearing on October 28, 2019, which was heard by the
283 Planning Board to assure full opportunity for citizen participation; and
284
285 WHEREAS, the Planning Board has duly considered the proposed Site Plan and
286 proposed Utility Plan in accordance with the provisions of the Town of Lansing Land
287 Use Ordinance Section 701.4 et seq., including consideration of site characteristics, site
288 lighting, nearby residences, landscaping, parking, and screening, and any potential on-
289 and off-site environmental impacts, and upon due consideration and deliberation by the
290 Town of Lansing Planning Board,
291
292 NOW,THEREFORE, BE IT RESOLVED AS FOLLOWS:
293
294 Preliminary and Final Site Plan Approval be and hereby is granted for the addition to the
295 School of Radiant Living at the Yoga Farm with the landscaping and amenities as
296 submitted in the final Site Plan (ST-2) "Site Plan, Proposed Yoga Farm Renovations,'"
297 prepared by Timothy C. Buhl,P.E.,dated 10/5/2019,and"Addition and Alteration Floor
298 Plans and Elevations" (Drawing Nos. A-1 and A-2), prepared by Michael J. Palmieri,
299 Architect, dated March 29, 2019, and all subject to the following specifications and
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APPROVED
300 conditions:
301
302 1. In accordance with LUO § 701.10, this Site Plan approval is valid for only 36
303 months from the date hereof, and the applicant/owner is required to commence
304 and substantially complete the construction or other activities for which the site
305 plan is applicable within said 36 months or this approval shall, unless extended
306 upon application timely made, expire, lapse, and be of no further validity, force
307 or effect.
308 2. Building Permits will be required to construct the approved building and site
309 facilities and such plans must meet all code requirements, including the sealing
310 of plans by a licensed engineer or architect, and be constructed in compliance
311 with all state and local building code requirements.
312 3. Receiving approval from the Tompkins County Health Department for the
313 proposed on-site wastewater treatment system (septic). The obtaining of final
314 approvals and permits for such sewer or on-site wastewater treatment system(s)
315 shall be a requirement of this Site Plan approval, both as pre-conditions to
316 obtaining any building permit and a Certificate of Occupancy ("CO").
317 4. The applicant must be issued a Sign Permit in compliance with the Towns Sign
318 Local Law (#1 of 2014) in order to erect, install, build, place, emplace, site, or
319 substantially rebuild or repair any Sign.
320 5. Lighting must be International Dark-Sky compliant and limited to a color
321 temperature of 3000K degrees or less.
322 6. Applicant agrees to end Amplified Music at 11:00 pm.
323
324 Dated: October 28, 2019
325
326 Motioned by: Deborah Trumbull
327 Seconded by: Dean Shea
328
329 VOTE AS FOLLOWS: Lin Davidson - Aye
330 Dean Shea - Aye
331 Deborah Trumbull - Aye
332 Thomas Butler,Alternate - Aye
333 Dale Baker,Alternate -Aye
334 Al Fiorille - Aye
335
336 Received and filed in the Lansing Town Clerk's Office on October 30, 2019.
337
338 Discussion: Lake Forest Circle Major Subdivision Applicant: Timothy C. Buhl, P.E. for
339 H. Floyd Davis, Owner Location: Tax Parcel No. 32.-1-37.428 &32.-1-37.440; Lake Forest
340 Drive Project Description: The Applicant is proposing a phased subdivision approval
341 for 16 residential building lots (and two stormwater retention basins) on certain land
342 located at Tax Parcel #32.-1-37.428 (36.15 acres) and 32.-1-57.1 (0.108 acres), 32.-1-37.439
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APPROVED
343 (7.104 acres) and 32.-1-37.440 (4.888 acres), consisting of a total of approximately 48.577±
344 acres in the L1 (Lakeshore) Zoning District, which also includes the merging of adjacent
345 parcels to be reconfigured into an overall major subdivision plat. The proposed
346 subdivision plat includes easements for 30' access to the existing lot at 50 Lake Forest
347 Circle (Tax Parcel No. 32.-1-37.439) and two 20' drainage easements to be dedicated to
348 the Town. The Planning Board as Lead Agency deemed this an Unlisted Action under
349 State Environmental Quality Review Act 6 NYCRR 617 and issued a Negative
350 Declaration of Environmental Significance on December 14, 2015. The Preliminary
351 Major Subdivision Plat was approved with conditions by the Planning Board via
352 Resolution 28 of 2015 on December 14, 2015. The Applicant requested and was granted
353 a Waiver on April 22, 2019 under Section 12 of the Subdivision Rules and Regulations
354 Local Law 3 of 2016 from the Section 7(J) requirement that submission of a Final Plat be
355 made within 180 days of the date of approval of the Preliminary Plat. The property is in
356 the Lakeshore (L1) Zoning District.
357
358 Summary of discussion on site plan updates:
359 - Stormwater plan is still in process working through some technical items
360 between the Applicant's Engineer and the Town Engineer
361 - Made some changes to minimize anyone from entering onto the Towri s property
362 by adding a 30' access strip to give lake access to residents in Lake Forest Circle;
363 shown on ST2 of the site plans
364 - In-depth discussion on finishing the proposed "second egress road" to extend to
365 the border of the property. Will be discussed in more detail in the future
366 - A Drainage District may be formed for Lake Forest Subdivision with easement
367 for the Town Highway to maintain the stormwater ponds
368
369 Discussion: Cluster Development Applicant: Timothy C. Buhl, P.E. for Scotty &
370 Wayne Britton, Owners Location: N Triphammer Rd between Franklyn Dr and Asbury
371 Rd; Tax Parcel #37.1-4-2.12 Project Description: The Applicant proposes construction
372 of ten single story, 1140 sf two-bedroom single-family dwellings, two parking spaces
373 each, and one maintenance/storage building 24' x 36' with one loading space on 9.70
374 acres. The property is in the Residential - Low Density (R1) Zoning District.
375
376 Summary of discussion on site plan updates:
377 - The application labels the project as "Cluster Development" which is defined as
378 a "Subdivision" in the Land Use Ordinance
379 - Proposed 10 small homes on one parcel
380 - The Land Use Ordinance defines more than 2 principal structures on one parcel
381 in the R1 Zone as "Multi-Residence" which is not allowed in the R1 Zoning.
382 - Other material stated Subdivision, so the applicants are attempting to determine
383 how to proceed with the project.
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APPROVED
384 - This project could be classified as a Subdivision, Open Development or the
385 applicant could petition the Zoning Board. Each choice has its own path that
386 would need to be taken. We are here tonight to discuss the options
387 - The main goal of the Applicants is to build 10 small homes and rent them out.
388 - Applicants concern is the cost of constructing a road to Town specifications
389 - The other concern is going to a 60' Town road right of way within the
390 development would shrink the lots
391 - What Applicants would like to do is create an improved road that would meet
392 the emergency access standards for vehicles and be less than the current
393 standard of 60' wide road (including the ditches)
394 - The other issue is that the Town doesn't put water mains down a private road
395 - The Planning Board would agree that a reduced Town road would be acceptable
396 with approval from the Highway Superintendent and Fire Chief
397 - Applicants Engineer will talk to the Highway Superintendent about the reduced
398 road specifications and then return to the Planning Board
399 Planning Board Chair asked if there is anything else to be discussed.
400 **December Planning Board Meeting is moved to December 16,2019
401 - 2020 Meeting Schedule was reviewed
402 - Forming a Project Review Committee that would meet one time a month. Day of
403 the meeting to be determined very soon for 2020.
404 - 2019 Project Review Committee will meet November 7th at 9 am and December
405 5th at 9 am (if needed)
406 - Would like to put in an application to Design Connect (Cornell Students) to see if
407 they would prepare design guidelines for the Town Center
408 - ICTC3 Transportation Study that was done three years ago was given to SRF to
409 help complete the Traffic Impact Study for the Town Center
410 - A draft scope of work was passed out to the Planning Board Members regarding
411 the Land Use Ordinance Regulations Audit that C.J. Randall would like to
412 perform over the next few months. Please fill out the confidential Land Use
413 Update Capacity Self-Assessment and return before the next meeting. This will
414 assist the Planning Board in determining whether to calibrate, modernize, or
415 fully overhaul the land use regulations
416 - The Town is proceeding with the Codification that will take all existing code and
417 local laws putting them all online in one convenient place with cross reference
418 capabilities
419
420 Adjourned Meeting
421 Meeting adjourned at the call of the Planning Board Chair at 8:34 pm.
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APPROVED
422 Minutes taken and executed by Sue Munson.
423
424 Access to public documents are available online at:
425 Planning Board Email tolcodes@lansingtown.com
426
427 Town Website https://www.lansingtown.com
428
429 Planning Board agendas, minutes &submittals
430 https://www.lansingtown.conVtown-docs
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