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Home My WebLink About10-26-20 APPROVED PLANNING BOARD MINUTES APPROVED 1 TOWN OF LANSING PLANNING BOARD 2 MEETING OCTOBER 26, 2020 3 Via Zoom Meeting — Live on YouTube 4 5 Board members Present: 6 Jerry Caward, Chair 7 Sandy Dennis-Conlon 8 Lin Davidson 9 Al Fiorille, Vice-Chair 10 Larry Sharpsteen 1 1 Dean Shea 12 Deborah Trumbull 13 Thomas Butler, Alternate 14 Dale Baker, Alternate 15 16 Also Present: 17 C.J. Randall, Planning Director Heather Dries, Planning Clerk Doug Dake, Town Board Liaison 18 Joe Wetmore, Town Board Liaison 19 20 Public Present via Zoom — Live on YouTube: 21 Chris Maby George Breuhaus Scott Babcock William Heffner Bob Gage 22 Darren Melberger Melissa/Cargill Colm Curran Marta Szewczyk 23 Mike Sigler Paul Southard/Resident 24 25 Chair Jerry Caward opened the meeting at 6:30 pm. 26 27 Motion to approve the minutes from September 28, 2020 Planning Board Meeting. 28 Moved by: Sandy Conlon Seconded by: Lin Davidson (Motion Carried) 29 30 Privilege of the Floor 31 Mike Sigler spoke about large scale solar. 32 - He has collected 130+ signatures on a petition in 7 days 33 - Residents who know about the proposal are concerned, while most remain unaware of 34 it all together 35 - Mike would like us to put together a local law with restrictions on what the State can 36 implement Page 1 of 23 APPROVED 37 - Mike would like to see 1000-1500ft setbacks like we do for cell towers, not just the 50- 38 100ft the state requires 39 - Mike said the State can just come in and take land and do what they please, but if we 40 have local law, they will consider the restrictions, within reason 41 - There is some local power, but we need to be very vocal about our concerns 42 - When we discussed the energy plan, we did not consider anything of this magnitude 43 - The board liked the idea of putting up a sign at the project site, it would inform the 44 public and reduce the inquiries the board members would receive. 45 - Jerry suggested a change in zoning to allow large scale solar into the industrial zones 46 - Various viable suggestions to submit to the Town Board to consider 47 - This project would change the character of the community 48 - We can draft something up at the working meeting to present to the Town Board 49 - Al, Larry, and Dean can write up specific zoning changes to review at the next meeting, 50 with C.J.'s help 51 52 Town Board Liaison Doug Dake gave an update from the October 21, 2020 Town Board 53 Meeting 54 - A Draft of 2019 Audit Presentation from INSERO CPA Patrick Jordon 55 - Public Hearing to approve the special use permit application at 1004 Auburn Road for 56 the Savage Club of Ithaca- with no comment in the public hearing 57 - Privilege of the floor 58 o Several speakers in opposition of the Dollar General 59 o Mike Sigler regarding the opposition of large scale solar 60 o Nathaniel Launer of Community Science Institute Water Quality- seeking a 61 donation, which was given for the water quality of Salmon Creek 62 - Presentation from Andy Zepp regarding the Bell Station lands 63 - Reports from Various Town Entities 64 - Resolution Accepting the 2019 Year End Independent Outside Financial Report and 65 Audit 66 - Resolution Scheduling Public Hearing Upon Proposed Local Law #5 of 2020 to Repeal 67 Local Law#4 of 2020 and Reinstate Tax Cap Limits 68 - Resolution Scheduling Public Hearing for Special Districts Proposed 2021 Budgets 69 - Resolution Scheduling a Public Hearing for the Town of Lansing Preliminary Budget for 70 2021 71 - Resolution Approving the 2020 and 2021 Amendments to the Municipal Cooperative 72 Agreement for the Greater Tompkins County Municipal Health Insurance Consortium Page 2 of 23 APPROVED 73 - Resolution Authorizing Special Use Permit for Adaptive Reuse of 1004 Auburn Road to 74 the Savage Club of Ithaca 75 - Resolution Authorizing and Approving Barron Outside User Agreement for Water- 76 - Resolution Approving Audit and Budget Modifications and Supervisor's Report 77 - Resolution Memorializing Changes to Tentative Budget and Authorizing Preparations 78 and Filing of Preliminary Budget 79 - Resolution Supporting Tompkins County to Undertake a Broadband Study and Pledging 80 Five Thousand Dollars in Support 81 - Motion Authorizing Supervisor to Execute Letter to Tompkins County Area Development 82 Supporting Lansing Market's Request that the IDA Extend the Current PILOT Exemption 83 for an Additional Four (4) years 84 - Board Member Reports 85 - Work Session 86 87 Cargill Cayuga Mine Lower Pad Salt Shed 88 Applicant: Jacobs Engineering on behalf of Cargill Inc.Location: Cargill Salt Mine, 191 Portland 89 Point Rd Tax Parcel: 36.-1-1 Anticipated Board Action this month: Public Hearing; 90 Determination of Environmental Significance; Preliminary and Final Site Plan approval Project 91 Description: Applicant is requesting to emplace a 600' x 180' prefabricated steel frame salt 92 shed structure atop the existing lower bulk salt storage pad. The property is located in the 93 Industrial (IR) Zoning District. This is an Unlisted Action under the State Environmental Quality 94 Review Act and is subject to environmental review. Project submittals located at: 95 https://Ifweb.tompkins-co.org/WebLink/Browse.aspx?id=46528&dbid=7&repo=Lansing 96 97 Motion to Open Public Hearing for Cargill Mine Lower Pad Salt Shed at 7:01pm 98 So Moved: Dean Shea Seconded by: Deborah Trumbull (Motion Carried) 99 100 No Public Present 101 102 Summary of Discussion 103 - The team is here to speak about the color choices and other changes being made 104 - The ZBA approved the height variance 105 - Distance from Minnegar Brook is in excess of 100ft 106 - The plans have been changed to minimize regrading near the Brook 107 - Renderings were provided, depicting 3 earth tone colors- Green, Grey, and Tan 108 - There were concerns with how accurate the prints represent the actual colors of the 109 materials Page 3 of 23 APPROVED 110 - There is no life expectancy difference in the colors 111 - Green is Cargill's preference right now 112 - A vote from the members showed 4 in favor of the green, 3 in favor of the grey 113 - There are concerns about the glowing affect the building will produce because of the 114 material being used. A darker color, like green, would reduce the glow 115 - Joe Wetmore stated that monotone will stick out no matter what color it is. The Town 116 Board just wants an earth tone 117 - Cargill/Jacobs will provide a sample for next meeting 118 - We went over the impact assessment 119 120 Motion to Close Public Hearing for Cargill Mine Lower Pad Salt Shed at 7:05pm 121 So Moved: Larry Sharpsteen Seconded by: Lin Davidson (Motion Carried) 122 123 RESOLUTION PB 20-16 124 125 STATE ENVIRONMENTAL QUALITY REVIEW RESOLUTION - 126 DETERMINATION OF ENVIRNONMENTAL SIGNIFICANCE FOR CARGILL 127 INCORPORATED CAYUGA MINE LOWER PAD SALT SHED SITE PLAN REVIEW, 191 128 PORTLAND POINT ROAD, TAX PARCEL NO. 36.4-1 129 WHEREAS, an application was made by Cargill Incorporated, owner, including by and through 130 Jacobs Engineering Group Inc., for Site Plan approval for the siting and construction of a 600' x 131 180' prefabricated steel frame salt shed at 191 Portland Point Road, Lansing, New York, TPN 132 36.-1-1, zoned Industrial (IR)( the "Project"); and 133 WHEREAS, the Project, and its proposed land use as warehouse or storage of non-agricultural 134 goods, is a permitted use under the Land Use Ordinance in the Industrial (IR) Zoning District, 135 subject to obtaining site plan approval from the Planning Board and a 20' area variance from 136 the Zoning Board of Appeals from the Town of Lansing §270-11 Schedule II: Maximum Building 137 Height of 35', for which the two respective completed applications were received September 138 18, 2020; and 139 WHEREAS, the Project was determined to be an Unlisted Action for the purposes of a State 140 Environmental Quality Review Act ("SEQRA") review; and 141 WHEREAS, 6 NYCRR § 617 of the State Environmental Quality Review Act ("SEQRA") requires 142 that a Lead Agency be established for conducting environmental review of projects in 143 accordance with local and state environmental law and the Lead Agency shall be that local 144 agency which has primary responsibility for approving and funding or carrying out the action; 145 and Page 4 of 23 APPROVED 146 WHEREAS, the Planning Board, being the local agency which has primary responsibility for 147 approving the action, did on September 28, 2020 declare itself the Lead Agency for the 148 environmental review; and 149 WHEREAS, Notice of Intent to Establish Lead Agency was sent to the New York State 150 Department of Environmental Conservation (DEC) and Town of Lansing Zoning Board of Appeals 151 by Town Director of Planning on September 29, 2020; and 152 WHEREAS, this Board, acting as Lead Agency in environmental review, did on September 26, 153 2020 and October 26, 2020, review and accept as adequate: drawings titled "Cargill Cayuga 154 Mine Lower Pad Salt Shed Site Development Plans" prepared by Jacobs Engineering Group Inc., 155 and dated 9/18/20; Town of Lansing Notice of Ground Disturbance Area Tally; and a Short 156 Environmental Assessment Form (SEAF), Part 1, and 'SEAR Short Environmental Form 157 Attachment' submitted by the Applicant, and Parts 2 and 3, prepared by Planning staff, 158 reviewed and amended by the Planning Board as Lead Agency; and other application materials; 159 WHEREAS, legal notice was published on October 17, 2020 and adjacent property owners 160 within 600 feet were notified by mail on October 15, 2020, and pursuant to Section 701.6.2 of 161 the Land Use Ordinance of the Town of Lansing, the Planning Board held a Public Hearing on 162 October 26, 2020, which was heard by the Planning Board to assure full opportunity for citizen 163 participation; 164 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 165 Resolved, that the Planning Board of the Town of Lansing determines the proposed project will 166 result in no significant impact on the environment and that a Negative Declaration for purposes 167 of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of 168 Part 617 of the State Environmental Quality Review Act for the action of Site Plan Review 169 approval for Town of Lansing Tax Parcel Number TPN 36.-1-1 for Cargill Incorporated, Owner, 170 Jacobs Engineering Group Inc., Applicant. 171 Dated: October 26, 2020 172 173 So Moved by: Norman L. Davidson 174 Seconded by: Deborah Trumbull 175 176 VOTE AS FOLLOWS: 177 Sandra Dennis Conlon - Aye 178 Norman L. Davidson —Aye 179 Al Fiorille—Aye 180 Larry Sharpsteen —Aye 181 Dean Shea -Aye 182 Deborah Trumbull —Aye 183 Jerry Caward -Aye Page 5 of 23 APPROVED 184 185 RESOLUTION PB 20-17 186 187 PRELIMINARY AND FINAL SITE PLAN APPROVAL FOR CARGILL 188 INCORPORATED CAYUGA MINE LOWER PAD SALT SHED, 191 PORTLAND 189 POINT ROAD,TAX PARCEL NO. 36.4-1 190 191 WHEREAS, an application was made by Cargill Incorporated, owner, including by and 192 through Jacobs Engineering Group Inc.,for Site Plan approval for the siting and 193 construction of a 600' x 180' prefabricated steel frame salt shed at 191 Portland Point 194 Road, Lansing, New York, TPN 36.-1-1, zoned Industrial (IR)(the "Project"); and 195 196 WHEREAS, the Project, and its proposed land use as warehouse or storage of non- 197 agricultural goods, is a permitted use under the Land Use Ordinance in the Industrial 198 (IR) Zoning District, subject to obtaining site plan approval from the Planning Board 199 and a 20' area variance from the Zoning Board of Appeals from the Town of Lansing § 200 270-11 Schedule II: Maximum Building Height of 35', for which the two respective 201 completed applications were received September 18, 2020; and 202 203 WHEREAS, the Planning Board held a sketch plan review meeting on August 24, 2020, 204 whereat site planning input was duly provided upon a pre-application basis, such input 205 having mainly been focused upon stormwater, buffering, visual impact, and related 206 Project issues, and the developer has since then amended the site and project plans and 207 submitted a site plan application that was deemed complete, such that a public hearing 208 upon the Project was duly scheduled; and 209 210 WHEREAS, the Project was determined to be an Unlisted Action for the purposes of a 211 State Environmental Quality Review Act ("SEQRA") review; and 212 213 WHEREAS, 6 NYCRR § 617 of the State Environmental Quality Review Act ("SEQRA") 214 requires that a Lead Agency be established for conducting environmental review of 215 projects in accordance with local and state environmental law and the Lead Agency shall 216 be that local agency which has primary responsibility for approving and funding or 217 carrying out the action; and 218 219 WHEREAS,the Planning Board,being the local agency which has primary responsibility 220 for approving the action, did on September 28, 2020 declare itself the Lead Agency for 221 the environmental review; and Page 6 of 23 APPROVED 222 223 WHEREAS, Notice of Intent to Establish Lead Agency was sent to the New York State 224 Department of Environmental Conservation (DEC) and Town of Lansing Zoning Board 225 of Appeals by Town Director of Planning on September 29, 2020; and 226 227 WHEREAS, on October 13, 2020, the Zoning Board of Appeals granted Variance No. 20- 228 05 for an Area Variance of 20' from the Maximum Building Height requirement to 229 facilitate placement of the salt shed; and 230 231 WHEREAS, this Board, acting as Lead Agency in environmental review, did on 232 September 26, 2020 and October 26, 2020,review and accept as adequate: drawings 233 titled "Cargill Cayuga Mine Lower Pad Salt Shed Site Development Plans" prepared by 234 Jacobs Engineering Group Inc., and dated 9/18/20; Town of Lansing Notice of Ground 235 Disturbance Area Tally; and a Short Environmental Assessment Form (SEAF), Part 1, 236 and'SEQR Short Environmental Form Attachment' submitted by the Applicant, and 237 Parts 2 and 3, prepared by Planning staff, reviewed and amended by the Planning 238 Board as Lead Agency; and other application materials; and 239 240 WHEREAS, legal notice was published on October 17, 2020 and adjacent property 241 owners within 600 feet were notified by mail on October 15, 2020, and pursuant to 242 Town Code § 270-27(F); and 243 244 WHEREAS, a public hearing was duly held before the Planning Board upon October 26, 245 2020, and the public was duly allowed to speak upon and address the Project,whereafter 246 the Planning Board considered approval of the Project site plan upon receipt of final 247 stormwater input and SWPPP updates, all including and in accordance with the 248 provisions of the Town Code§ §270-27(D);et seq.,and including concerns addressing site 249 drainage, lighting, nearby residences, landscaping, and buffering/screening, driveway 250 and any potential on and off site environmental impacts; and 251 252 WHEREAS, the Town has considered and carefully reviewed the requirements of the 253 Towns Laws relative to site plan review and the unique needs of the Town due to the 254 topography, the soil types and distributions, and other natural and man-made features 255 upon and surrounding the area of the proposed site plan, and the Town has also 256 considered the Towns Comprehensive Plan and compliance therewith; and 257 Page 7 of 23 APPROVED 258 WHEREAS,Project plans,and related information,were duly delivered to the Tompkins 259 County Planning Department per General Municipal Law § 239, et seq and such 260 Department responded by letter dated October 20, 2020 and determined that the Project 261 has no negative inter-community or county wide impacts; and 262 263 WHEREAS, upon due consideration and deliberation by the Town of Lansing Planning 264 Board,now therefore be it RESOLVED as follows: 265 266 1. Final Site Plan approval be and hereby is issued for this Project as located upon 267 the 127± acre parcel at 191 Portland Point Rd; Tax Parcel No. 36.-1-1, as shown in 268 and upon the Site Development Plans #G-1; Survey SV-1-8; and Architectural 269 Drawings A1-7, Structural S1-3; Civil C-2-9 (and Civil C4-N dated 10/16/20 270 showing distance from centerline of Minnegar Creek); Electrical E-1-5; 271 Mechanical M-1-2; as submitted by Jacobs Engineering Group Inc.,Applicant, 272 dated 9/18/20; all subject to the following conditions: 273 a. Compliance with the recommendations of the Town's Engineer and SMO 274 for any final stormwater plans and the terms of the approved final 275 Stormwater Pollution Prevention Plan (SWPPP) for the developed site, 276 and proper completion of all stormwater reports, permits, and facilities in 277 a form and manner as approved by the Town and NYSDEC, is required 278 prior to the issuance of any certificate of occupancy or compliance for the 279 Project. 280 b. All new construction must meet the current requirements of the New York 281 State Building Codes. 282 c. Completion of the site plan improvements as shown upon the site plans 283 including compliance with the drawings and Lake View and West Shore 284 View visualization materials as submitted for the Planning Board's review 285 specifically including the green visual impact mitigation as selected by the 286 Planning Board. 287 288 289 Dated: October 26, 2020 290 291 Motioned by: Dean Shea Page 8 of 23 APPROVED 292 Seconded by: Larry Sharpsteen 293 294 VOTE AS FOLLOWS: 295 Sandra Dennis Conlon-Aye 296 Norman L. Davidson- Aye 297 Al Fiorille-Aye 298 Larry Sharpsteen-Aye 299 Dean Shea-Aye 300 Deborah Trumbull-Aye 301 Jerry Caward-Aye 302 303 Project: Cayuga Lake National Bank branch 304 Applicant: Christopher Maby, Delta Engineers, Architects, & Surveyors, Applicants, on behalf of 305 Kelly Wade, President & CEO of Cayuga Lake National Bank, Owner Location: East side of N 306 Triphammer Road of Franklyn Drive Tax Parcel No: 37.1-3-18 Anticipated Board action this 307 month: Determination of Environmental Significance; Preliminary and Final Site Plan and Minor 308 Subdivision approval Project Description: The Applicant is proposing construction of a new 309 3,000 sq. ft. bank with parking and other site improvements and subdivision of the existing 310 3.46-acre parcel. The property is located in the General Commercial (B2) Zoning District. This is 311 an Unlisted Action under the State Environmental Quality Review Act and is subject to 312 environmental review. Project submittals are located at: https://Ifweb.tompkins- 313 co.org/WebLink/Browse.aspx?id=46623&dbid=7&repo=Lansing 314 315 Summary of Discussion 316 - The Bank has decided on the standing seam metal roof, with interior pictures included 317 in the packet 318 - The Bank would like to use darker colors- brown, bronze, earth tones- slightly different 319 colors than Andy's building next door 320 - The size of the utility court in the rear of the building has decreased 321 - The Bank had requested that they be the ones to contact the homeowner across the 322 street instead of George. They have sent a letter, but she has not responded yet. 323 - The Bank would entertain the idea of installing the no left turn sign after they are open 324 if it is found that traffic has increased substantially on Franklin. 325 - Dean would like added to the resolution that Andy would not have the ability to remove 326 large vegetation on the easement without replacing it. 327 - Paul Southard, 17 Maple Dr, expressed concern over the zoning on the property where 328 the easement is located.The lot is partially in R1, partially in B2. He stated that the use Page 9 of 23 APPROVED 329 of the easement is fitting for the B2 zone, but the easement is in the R1 zone. He 330 referred to the easement as an accessory use. 331 - We should get advice from Guy on what is considered accessory. 332 - When a property is split between 2 zones, whichever zone area is larger has 333 precedence- meaning that the allowable use for this property would follow B2 rules 334 - C.J. clarified that the 50ft on the boundary between the zones can be considered as 335 either zones to the lot owner's discretion. 336 - C.J. stated that easements are an agreement or a record, not an accessory or land use. 337 - Dean would like to see a planting schedule, including sizes, species, and quantities 338 - Some of the landscaping plans are being reworked due to pricing. 339 - Non-commercial trucks/SUV's are the tallest vehicles we expect, so any shrubs or 340 bushes need to be able to block headlights at that height. 5-6ft. 341 - Plantings need to be at 65% of their mature size at the time of planting. 342 - NYSEG has provided a list of acceptable plantings as to not interfere with their lines. 343 - The board would like to see a staggered row of trees, or a single row of hedges on 344 Franklin. 345 - Holly, boxwood,juniper are possible options 346 - A short berm could be an option to raise the shrubs up, but may not be allowed by 347 NYSEG. 348 - The environmental assessment form was read and discussed 349 o The easement question came up, possibly get advice from Guy on accessory 350 structure 351 o If the easement to Andy is a problem, what about the one to the phone company 352 and NYSEG? 353 - The following statement was requested to be read into record: 354 Hello. My name is Christa Downey. I live at 20 Franklyn Drive with my husband and elementary 355 school child and I wish for these notes to be read at the next Town Board meeting: 356 357 We have lived on Franklyn Drive since 2015 and are raising our child here. What appeared to be 358 a quiet residential street, quickly proved to be a bit of a dangerous road at times, with cars 359 avoiding the Triphammer/Peruville stop sign/stoplight and speeding down Franklyn at 40 or 360 more mph on a regular basis. We currently have a plea into the town for a speed limit sign at 25 361 or 30 mph. I fear the bank proposal will bring even more traffic to our street, making it more 362 dangerous for our daughter to play with the growing number of neighborhood children. 363 Page 10 of 23 APPROVED 364 1 would like to propose that the exit onto Franklyn Drive is set on an angle/curve preventing a 365 left hand turn and is labeled right turn only, forcing bank traffic back onto Triphammer Road. 1 366 also request that the 25 or 30 mph speed limit sign is installed before the bank opens. 367 368 1 support the growth of Lansing provided it not come at the expense of maintaining safe 369 neighborhoods for children to bike and play with each other the way a community should be, 370 without the danger of high traffic or speeding cars on residential streets. 371 372 Thank you for your consideration. 373 Best regards, 374 Christa Downey 375 - It is suggested that Christa draft a petition and present it to the Town Board with 376 support from the neighbors 377 - Larry would like the resolution to include the statement by Scott Babcock, that the bank 378 would be willing to install the sign for no left turns in the future, if necessary. 379 o Traffic study now would do no good, we want to see how the bank effects traffic. 380 o Once the bank is open, either a camera or someone physically tallying how many 381 cars turn left out of the bank would be the best option if complaints are still 382 being received. 383 o C.J. wanted the board to be aware that if there is a concern over traffic, they 384 need to pull back and do a traffic study now under SEQRA 385 o Perhaps a local traffic only sign can be installed 386 - Dean would like the following amendments added to the resolution: 387 o The bank attempted to contact the neighbor 388 o We will be provided a planting schedule 389 o Vegetation disturbed in the easement must be replaced 390 Motion to Accept the Resolution as Amended at 8:35pm 391 So moved: Larry Sharpsteen Seconded: Norman L. Davidson (Motion Carried) 392 393 RESOLUTION PB 20-18 394 395 TOWN OF LANSING PLANNING BOARD RESOLUTION — STATE 396 ENVIRONMENTAL QUALITY REVIEW (SEQR) NEGATIVE DECLARATION AND 397 PRELIMINARY AND FINAL SITE PLAN APPROVAL AND PRELIMINARY AND 398 FINAL MINOR SUBDIVISION APPROVAL, CAYUGA LAKE NATIONAL BANK, 399 TRIPHAMMER RD, TAX PARCEL NO. 37.1-3-18, TOWN OF LANSING, NEW 400 YORK Page 11 of 23 APPROVED 401 402 WHEREAS, an application was made by Delta Engineers, Architects, & Surveyors, 403 Applicants, on behalf of Cayuga Lake National Bank, Owner, for construction of a new 404 3,000 sq. ft. bank with parking and other site improvements and subdivision of the 405 existing 3.46-acre parcel into two parcels: Lot #1, measuring 2.084± acres and 406 undeveloped; and Lot #2, measuring 1.735± acres with existing 9,600 sf single-story 407 mixed-occupancy building and other site improvements including 48 parking spaces, in 408 Lansing, New York, TPN 37.1-3-18, located in the General Commercial (B2) Zoning 409 District; and 410 411 WHEREAS, 6 NYCRR § 617 of the State Environmental Quality Review Act ("SEQRA") 412 requires that a Lead Agency be established for conducting environmental review of 413 projects in accordance with state environmental law and the Lead Agency shall be that 414 local agency which has primary responsibility for approving and funding or carrying out 415 the action; and 416 417 WHEREAS,the Planning Board,being the local agency which has primary responsibility 418 for approving the action, did on September 28, 2020 declare itself the Lead Agency for 419 the environmental review; and 420 421 WHEREAS,this is a proposed action reviewed under Town of Lansing Code §270-7 Site 422 Plan Review and § 235-6 Minor Subdivision, for which the respective completed 423 applications were received September 18, 2020, as per Planning Board Resolution 19-20 424 condition number 6, which stipulated that Tax Parcel Number 37.1-3-18 and 37.1-3-17 425 were forever merged as a single parcel and required any future lot line or subdivision is 426 subject to review and approval as a subdivision; and 427 428 WHEREAS, this proposed action is an Unlisted Action for the purposes of a State 429 Environmental Quality Review Act ("SEQRA") review; and 430 431 WHEREAS, legal notice was published on September 17, 2020 and adjacent property 432 owners within 600 feet were notified by mail on September 15, 2020, and pursuant to 433 Town Code § 270-27(F); and 434 435 WHEREAS, a public hearing was duly held before the Planning Board upon September 436 28, 2020, and the public was duly allowed to speak upon and address the proposed 437 Subdivision and Site Plan, whereafter the Planning Board considered approval of the Page 12 of 23 APPROVED 438 Subdivision and Site Plan upon receipt of final stormwater input and SWPPP updates,all 439 including and in accordance with the provisions of the Town Code § § 270-27(D); et seq., 440 and including concerns addressing site drainage, lighting, nearby residences, 441 landscaping, and buffering/screening, driveway and any potential on and off site 442 environmental impacts; and 443 444 WHEREAS, this Board, acting as Lead Agency in environmental review, did on 445 September 26, 2020 and October 26, 2020, review and accept as adequate: drawings 446 titled "Final Subdivision Plat - Lands of SEE Associates, 3077 Triphammer Road, Town 447 of Lansing, Tompkins County, State of New York," prepared by Delta Engineers, 448 Architects, &Land Surveyors, dated September 3, 2020 (last revised October 20, 2020); 449 Drawings titled Existing Conditions C-100 (dated 9/30/2020), Site Removals Plan C-101 450 (dated 9/30/2020), Civil Site Plan C-102 (dated 10/19/2020), Grading and Drainage 451 Plan C-202 (dated 10/19/2020), Erosion and Sediment Control Plan C-205 (dated 452 10/19/2020) and Details and Notes C-303 (dated 9/30/2020), Miscellaneous Details C- 453 301 (dated 10/19/2020) and C-302 (dated 9/30/2020) prepared by Delta Engineers, 454 Architects, &Land Surveyors; "Proposed Lansing Branch Cayuga Lake National Bank - 455 East &West Elevations A-4," prepared by George W. Breuhaus, Architect, and dated 456 10/19/2020; "Proposed Lansing Branch Cayuga Lake National Bank - North &South 457 Elevations A-5," prepared by George W. Breuhaus, Architect, and dated 10/19/2020; 458 and a Short Environmental Assessment Form (SERF), Part 1, submitted by the 459 Applicant, and Parts 2 and 3, prepared by Planning staff, reviewed and amended by the 460 Planning Board as Lead Agency; and other application materials; and 461 462 WHEREAS, the Tompkins County Department of Planning and Sustainability, 463 Tompkins County Highway Department, and Town of Lansing Highway Department 464 were given the opportunity to comment on the proposed action; and 465 466 WHEREAS,Project plans,and related information,were duly delivered to the Tompkins 467 County Planning and Sustainability Department per General Municipal Law§239;et seq., 468 and such Department responded in an October 26, 2020 letter from Katherine Borgella, 469 Tompkins County Commissioner of Planning, pursuant to §239 -1,-m, and-n of the New 470 York State General Municipal Law recommended the following modification of the 471 proposal: 472 473 • To help meet our County's goals of reducing greenhouse gas emissions, we 474 recommend the Town require the applicant to document that they have Page 13 of 23 APPROVED 475 considered the four energy elements for new construction projects outlined in the 476 attached Tompkins County Energy Recommendations for New Construction 477 (2018); and 478 479 WHEREAS, the comments were carefully considered by the Planning Board and the 480 aforementioned documentation is listed below as a condition; and 481 482 WHEREAS, the Planning Board has considered and carefully reviewed the 483 requirements of the LUO relative to site plan review and subdivision review, the unique 484 needs of the Town due to the topography, the soil types and distribution, and other 485 natural and man-made features upon and surrounding the area of the proposed site 486 plan, and the Planning Board has also considered the zoning in the area and the project 487 in light of the Towns Comprehensive Plan and compliance therewith, and as the 488 underlying use is a permitted use in the zone in which located; and 489 490 WHEREAS, upon due consideration and deliberation by the Town of Lansing Planning 491 Board,now therefore be it RESOLVED as follows: 492 493 1 That the Planning Board of the Town of Lansing determines the proposed project will 494 result in no significant impact on the environment and that a Negative Declaration for 495 purposes of Article 8 of the Environmental Conservation Law be filed in accordance with 496 the provisions of Part 617 of the State Environmental Quality Review Act for the action of 497 Minor Subdivision and Site Plan approval for Town of Lansing Tax Parcel Number 37.1- 498 3-18 for Delta Engineers, Architects, & Surveyors, Applicants, on behalf of Cayuga Lake 499 National Bank,Owner. 500 2. The Planning Board of the Town of Lansing does hereby grant Preliminary and 501 Final Minor Subdivision approval for Town of Lansing Tax Parcel Numbers 37.1- 502 3-18 as depicted in "Final Subdivision Plat - Lands of SEE Associates, 3077 503 Triphammer Road, Town of Lansing, Tompkins County, State of New York," 504 prepared by Delta Engineers, Architects, & Land Surveyors, dated September 3, 505 2020 (last revised October 20, 2020) subject to the following condition: 506 a. The sealing and endorsement of such Minor Subdivision Final Plat by the 507 Planning Board Chair or Vice Chairperson, thereafter presenting and 508 obtaining the signing of the plat by Tompkins County Assessment 509 Department stamp followed by filing in the Tompkins County Clerk's 510 Office, followed by provision of proof of such filing within the time limit Page 14 of 23 APPROVED 511 requirements of 62 days with the Town of Lansing Planning & Code 512 Enforcement Office. 513 b. Any existing vegetation in the Proposed 10' Wide Access Easement 514 (depicted as Boundary Courses A & B) shall be maintained as healthy and 515 natural non-invasive vegetation designed to provide both visual and 516 sound buffering. Existing and new trees shall be properly maintained and 517 any dead, diseased, or dying trees shall be promptly replaced. 518 3. That the Planning Board of the Town of Lansing does hereby grant Preliminary 519 and Final Site Plan approval for Town of Lansing Tax Parcel Numbers 37.1-3-18 520 for Delta Engineers, Architects, & Surveyors, Applicants, on behalf of Cayuga 521 Lake National Bank, Owner, which includes all parking layouts, screening, dark 522 sky lighting,and other site conditions listed in Site Plan as shown in and upon the 523 Drawings titled Existing Conditions C-100 (dated 9/30/2020), Site Removals Plan 524 C-101 (dated 9/30/2020), Civil Site Plan C-102 (dated 10/19/2020), Grading and 525 Drainage Plan C-202 (dated 10/19/2020), Erosion and Sediment Control Plan C- 526 205 (dated 10/19/2020) and Details and Notes C-303 (dated 9/30/2020), 527 Miscellaneous Details C-301 (dated 10/19/2020) and C-302 (dated 9/30/2020) 528 prepared by Delta Engineers, Architects, & Land Surveyors; "Proposed Lansing 529 Branch Cayuga Lake National Bank - East & West Elevations A-4," prepared by 530 George W.Breuhaus,Architect,and dated 10/19/2020;"Proposed Lansing Branch 531 Cayuga Lake National Bank-North&South Elevations A-5," prepared by George 532 W. Breuhaus,Architect,and dated 10/19/2020 subject to the following conditions: 533 a. Compliance with the recommendations of the Town's Engineer and SMO 534 for any final stormwater plans and the terms of the approved final 535 Stormwater Pollution Prevention Plan (SWPPP) for the developed site, 536 and proper completion of all stormwater reports, permits, and facilities in 537 a form and manner as approved by the Town and NYSDEC, is required 538 prior to the issuance of any certificate of occupancy or compliance for the 539 Project. 540 b. Building Permits will be required to construct the approved building and 541 site facilities and such plans must meet all code requirements, including 542 the sealing of plans by a licensed engineer or architect, and be constructed 543 in compliance with all state and local building code requirements. 544 c. The applicant will be required to obtain Bolton Point water permit for a 545 new water service and meter to connect to the existing Consolidated 546 Water District Mains, as well as a Tompkins County Health Department 547 Onsite Wastewater Treatment System (OWTS) permit, both as pre- Page 15 of 23 APPROVED 548 conditions to obtaining any building permit and a Certificate of 549 Occupancy ("CO"). 550 d. In accordance with Town Code § 270-27(K), this site plan approval is valid 551 for only 36 months from the date hereof, and the applicant/owner is 552 required to commence and substantially complete the construction or 553 other activities for which the site plan is applicable within said 36 months 554 or this approval shall, unless extended upon application timely made, 555 expire, lapse, and be of no further validity, force or effect. 556 e. Modification of vehicular ingress and egress requires Modification of Site 557 Plan by the Planning Board. 558 f. The applicant must be issued a Sign Permit in compliance with the Towri s 559 Sign Local Law (#1 of 2014) in order to erect, install, build, place, emplace, 560 site, or substantially rebuild or repair any Sign. 561 g. Submission of Planting Schedule including species, quantity, and 562 anticipated installed and mature size. 563 h. Submission of correspondence mailed to registered owner of 3069 N. 564 Triphammer Rd. 565 566 567 568 Dated: October 26, 2020 569 570 Motioned by: Larry Sharpsteen 571 Seconded by: Norman L. Davidson 572 573 VOTE AS FOLLOWS: 574 575 Sandra Dennis Conlon-Aye 576 Norman L. Davidson- Aye 577 Al Fiorille-Aye 578 Larry Sharpsteen-Aye 579 Dean Shea-Aye 580 Deborah Trumbull-Aye 581 Jerry Caward-Aye 582 583 Project: Savage Club of Ithaca —Site Plan review 584 Applicant: C. William Heffner, Applicant, on behalf of Savage Club of Ithaca Location: 1004 585 Auburn Rd;Tax Parcel No. 8.-1-29 Anticipated Board action(s)this month: Preliminary and Page 16 of 23 APPROVED 586 Final Site Plan Approval Project Description: Applicant is proposing adaptive reuse of the 587 existing 1,760 s.f. Faith Baptist Fellowship Church on the existing .54-acre parcel. Applicants 588 have concurrently applied for a Special Use Permit to be considered under Town of Lansing 589 Code § 270-36 at the October 21, 2020 Town Board meeting. The property is located in the 590 Rural Agricultural (RA) Zoning District. This is a Type II Action under the State Environmental 591 Quality Review Act 617.5 (18) and is not subject to environmental review. Project submittals 592 located at: https://Ifweb.tompkins- 593 co.org/WebLink/Browse.aspx?id=46851&dbid=7&repo=Lansing 594 595 Summary of Discussion 596 - The lot lines to the north have been settled by an accurate survey. 597 - Add to the resolution-Applicant agrees, no amplified music after 11pm 598 Motion to Accept the Resolution as Amended at 8:42pm 599 So moved: Larry Sharpsteen Seconded: Norman L. Davidson (Motion Carried) 600 601 RESOLUTION PB 20-19 602 603 TOWN OF LANSING PLANNING BOARD RESOLUTION - PRELIMINARY AND 604 FINAL SITE PLAN APPROVAL FOR ADAPTIVE REUSE OF 1004 AUBURN ROAD, 605 TAX PARCEL NO. 8.4-29, AS PRIVATE CLUB BY SAVAGE CLUB OF ITHACA 606 607 WHEREAS, an Application was submitted for Special Use Permit and Site Plan 608 approval by C. William Heffner, Applicant, on behalf of Savage Club of Ithaca, for 609 adaptive reuse of the existing 1,760 s.f. Faith Baptist Fellowship Church on the existing 610 .54-acre parcel on Tax Parcel No. 8.4-29 (1004 Auburn Rd), located in the Rural 611 Agricultural (RA) Zoning District; and 612 613 WHEREAS, this is a proposed action reviewed under Town of Lansing Code § 270-27 614 Special Use Permit and § 270-36 Site Plan Review, for which the completed application 615 was received September 18, 2020; and 616 617 WHEREAS, this action was determined to be a Type 11 Action under 6 NYCRR 618 617.5(c)(18) of the State Environmental Quality Review Act ("SEQRA"); and 619 620 WHEREAS, the Town Board did on October 21, 2020, review and accept as adequate: 621 "Survey Map: Lands of Faith Baptist Fellowship of North Lansing, Inc., Being Part of 622 Military Lot No. 57, Town of Lansing, County of Tompkins, State of New York" dated Page 17 of 23 APPROVED 623 4/28/2020 by Reagan Land Surveying;Agricultural Data Statement; brief statement 624 describing the project; and other application materials; and 625 626 WHEREAS, 600 feet parcel notices were mailed on October 13, 2020 and the Town 627 Board duly held a Public Hearing on October 21, 2020 on the Special Use Permit 628 application wherein all evidence and comments were considered, along and together 629 with the requirements of the Town's Code, existing development in the surrounding 630 area, the public facilities and services available, the Towri s Comprehensive Plan and 631 land use regulations, and site characteristics and issues; and 632 633 WHEREAS, this action is exempt from New York State General Municipal Law §239 -1, 634 -m, and-n referral requirements as Special Use Permits for change of commercial use in 635 an existing building not involving any change in building footprint and with no change 636 in vehicular access on a State or County highway are excluded per an Inter- 637 Governmental Agreement between the Tompkins County Planning Department and the 638 Town of Lansing dated December 17, 2003; 639 640 WHEREAS, in accordance with Town Code § 270-36B(1), on September 28, 2020 the 641 Planning Board passed a Motion RECOMMENDING TOWN BOARD AUTHORIZE 642 SPECIAL USE PERMIT TO SAVAGE CLUB OF ITHACA FOR ADAPTIVE REUSE OF 643 FAITH BAPTIST FELLOWSHIP CHURCH, 1004 AUBURN ROAD, TAX PARCEL NO. 644 8.4-29, FINDING THAT THE GENERAL REQUIREMENTS OF § 270-36 (A) HAVE 645 BEEN COMPLIED WITH; and 646 647 WHEREAS, on October 21, 2020 the Town Board authorized the Special Use Permit 648 under Town Code § 270-36 (A), after a duly advertised public hearing, making the 649 following findings for the aforementioned: (1) That the proposed land use or activity is 650 to be located, constructed, and operated so that the public health, safety and general 651 welfare will be protected; and (2) that the existence of the proposed land use or activity 652 will not cause substantial injury to the value of other property in the surrounding 653 neighborhood; (3) that adequate landscaping and screening is to be provided; and (4) 654 that adequate off-street parking and loading is provided and the ingress and egress are 655 so designed as to cause minimum interference with traffic on abutting roads; and (5) 656 that the proposed land use or activity will not result in excessive erosion and will not 657 increase the volume or velocity of surface water runoff onto abutting properties; and (6) 658 that any proposed water and/or sewage disposal system is determined by appropriate 659 jurisdictional authority to be adequate; and (7) that vibration, glare, odor, heat or noise Page 18 of 23 APPROVED 660 anticipated from the proposed use can be mitigated; and 661 662 WHEREAS, the Planning Board has considered and carefully reviewed the 663 requirements of the LUO relative to site plan review and subdivision review, the unique 664 needs of the Town due to the topography, the soil types and distribution, and other 665 natural and man-made features upon and surrounding the area of the proposed site 666 plan, and the Planning Board has also considered the zoning in the area and the project 667 in light of the Towns Comprehensive Plan and compliance therewith, and as the 668 underlying use is a permitted use in the zone in which located; and 669 670 WHEREAS, upon due consideration and deliberation by the Town of Lansing Planning 671 Board,now therefore be it RESOLVED as follows: 672 673 That the Planning Board of the Town of Lansing does hereby grant Preliminary and 674 Final Site Plan approval for Town of Lansing Tax Parcel Number 8.4-29 for by C. 675 William Heffner, Applicant, on behalf of Savage Club of Ithaca, subject to the following 676 specifications and conditions: 677 678 1. In accordance with Town Code § 270-27(K), this site plan approval is valid for 679 only 36 months from the date hereof, and the applicant/owner is required to 680 commence and substantially complete the construction or other activities for 681 which the site plan is applicable within said 36 months or this approval shall, 682 unless extended upon application timely made, expire, lapse, and be of no 683 further validity, force or effect. 684 2. The Special use permit shall expire within 12 months from the date of issuance 685 (October 21, 2020) if the proposed land use activity has not been substantially 686 implemented, as per Town Code § 270-36D. 687 3. Applicant agrees to end amplified music at 11 pm. 688 689 690 Dated: October 26, 2020 691 692 Motioned by: Larry Sharpsteen 693 Seconded by: Norman L. Davidson 694 Page 19 of 23 APPROVED 695 VOTE AS FOLLOWS: 696 697 698 Sandra Dennis Conlon-Aye 699 Norman L. Davidson- Aye 700 Al Fiorille-Aye 701 Larry Sharpsteen-Aye 702 Dean Shea-Aye 703 Deborah Trumbull-Aye 704 Jerry Caward-Aye 705 706 Project: Dollar General Retail Store and Minor Subdivision - Auburn Road 707 Applicant: Steve Vukas, Bohler Engineering MA, LLC on behalf of Franklin Land 708 Associates, LLC, Owners Location: West Side of Auburn Rd (NYS 34)/ North of Locke 709 Rd; Tax Parcel No. 5.4-32 Anticipated Board action(s) this month: Declaration of Lead 710 Agency Project Description: The Applicant is proposing Site Plan approval for 711 construction of a 9,100 sq. ft. retail store with parking and other site improvements and 712 subdivision of the existing 5-acre parcel. The property is located in the Rural 713 Agricultural (RA) Zoning District. This is an Unlisted Action under the State 714 Environmental Quality Review Act and is subject to environmental review. Project 715 submittals are located at: https-//Ifweb.tompkins- 716 co.org(WebLink/Browse.aspx?id=46628&dbid=7&repo=Lansing 717 718 Summary of Discussion 719 - Dean raised concerns over the size of the sign. The sign is larger than what is allowed 720 within town law. Also question regarding compliance of the pedestal that the sign would 721 be placed on. 722 - The following statement was asked to be read into record: 723 Hello Lansing Town Board and Planning Board, 724 725 1 am writing to follow up on this Monday's planning board meeting and the proposed Dollar 726 General in North Lansing. Based on comments from town attorney Guy Krogh, it sounds like 727 nearby residents can complain about noise/light/traffic/aesthetics etc all we want, and the 728 planning board can require that Dollar General take steps to mitigate some of those concerns, 729 but ultimately it is still an allowed use of the land according to the zoning, so cannot outright 730 prevent them from building the store. I realize a moratorium was discussed as somewhat of a 731 nuclear option, but I would strongly encourage the town to consider one for two reasons: Page 20 of 23 APPROVED 732 Agricultural land should be for agricultural use. It makes no sense to have land zoned 733 "agricultural" if it turns out that "oh, this can actually be used for pretty much anything." The 734 town's comprehensive plan does not envision North Lansing as a commercial or retail area. 735 What happens if Dollar General effectively manages to ram this proposal through and the town 736 updates the zoning laws less than a year from now?Then we are stuck with a store that really 737 shouldn't have slipped through before the changes. If we are in a time of flux, we should ensure 738 that any new buildings match the future vision for the town. 739 Dollar General's business plan is to relentlessly expand into small towns in order to 740 compete with Walmart. These stores can create "food deserts" as they drive smaller local 741 grocery stores like Lansing Market out of business, creating zones where it is difficult for 742 residents to access fresh produce. It's so bad that some cities have started banning new dollar 743 stores from opening too close to existing ones. We should consider this risk to Lansing residents 744 if Lansing Market goes out of business. Genoa and Locke residents are already served by a 745 Dollar General 10 minutes away in Moravia. We don't need another one halfway between 746 Moravia and Lansing. I would rather be a town with one dollar general and one local grocery 747 store than two dollar generals and zero local grocery stores. This would force most Lansing 748 residents to make the trip all the way down to Tops/Target/BJs if they want fresh produce. 749 Thank you for your time, and I hope you will consider whatever urgent action is needed to 750 prevent Dollar General from further saturating the region with their stores. Please put this 751 email "on the record" as far as the planning board is concerned. 752 Ben Finio 753 74 Sharpsteen Rd 754 755 RESOLUTION PB 20-20 756 757 STATE ENVIRONMENTAL QUALITY REVIEW RESOLUTION - DECLARATION 758 OF LEAD AGENCY, DOLLAR GENERAL RETAIL STORE, SITE PLAN REVIEW 759 AND MINOR SUBDIVISION, AUBURN RD, TAX PARCEL NO. 5.4-32 760 761 WHEREAS, 6 NYCRR § 617 of the State Environmental Quality Review Act ("SEQRA") 762 requires that a Lead Agency be established for conducting environmental review of 763 projects in accordance with state environmental law and the Lead Agency shall be that 764 local agency which has primary responsibility for approving and funding or carrying out 765 the action; and 766 767 WHEREAS, an application was made by Steve Vukas, Bohler Engineering MA, LLC on 768 behalf of Franklin Land Associates, LLC, Owners, for construction of a 9,100 sq. ft. retail Page 21 of 23 APPROVED 769 store with parking and other site improvements and subdivision of the existing 5.729- 770 acre parcel, Lansing, New York, TPN 5.4-32, located in the Rural Agricultural (RA) 771 Zoning District; and 772 773 WHEREAS,this is a proposed action reviewed under Town of Lansing Code § 270-7 Site 774 Plan Review and § 235-6 Minor Subdivision, for which the respective completed 775 applications were received August 28, 2020; and 776 777 WHEREAS,The Planning Board of the Town of Lansing is believed best suited to 778 review the impacts of this proposed Site Plan and Minor Subdivision as (i) the Planning 779 Board is the only body with jurisdiction to issue the final Site Plan and Minor 780 Subdivision approvals, (ii) the Planning Board is best situate to understand and 781 evaluate the potential unique impacts of such Major Subdivision upon the Town based 782 upon the developmental patterns, topography, and unique natural and non-natural 783 features of the Town of Lansing, including known streams,wetlands, UNAs, 784 agricultural resources of value, and archeosensitive sites within or near the Site Plan 785 and Minor Subdivision area, (iii) the Planning Board has the broadest governmental 786 powers for investigating the potential or actual impacts of the Site Plan and Minor 787 Subdivision and implementing conditions or mitigating controls, and accordingly (iv) 788 the Planning Board has the greatest capacity for providing the most thorough 789 environmental assessment of the proposed Site Plan and Minor Subdivision; and 790 791 WHEREAS, this proposed action is an Unlisted Action for the purposes of a State 792 Environmental Quality Review Act ("SEQRA") review; 793 794 NOW,THEREFORE, BE IT RESOLVED AS FOLLOWS: 795 796 That the Town of Lansing Planning Board does hereby declare itself Lead Agency for the 797 environmental review for the action of Site Plan and Minor Subdivision review for Town 798 of Lansing Tax Parcel Number 5.-1-32 for Steve Vukas, Bohler Engineering MA, LLC, 799 Applicant, on behalf of Franklin Land Associates, LLC, Owners. 800 801 Dated: October 26, 2020 802 803 Motioned by: Norman Lin Davidson 804 Seconded by: Deborah Trumbull 805 VOTE AS FOLLOWS: 806 Sandra Dennis Conlon-Aye Page 22 of 23 APPROVED 807 Norman Lin Davidson-Aye 808 Al Fiorille-Aye 809 Larry Sharpsteen-Aye 810 Dean Shea-Aye 811 Deborah Trumbull-Aye 812 Jerry Caward-Aye 813 814 Discussion Items: 815 816 Planning Report: 817 - Request for proposals for the Short-Term Rentals should be coming in 818 - Parks, Recreation, and Trails Master Plan kickoff meeting is on 10/27/2020 819 - Evaluation committee on 10/28 should be making a recommendation on the firm they 820 would like to select for the Highway Renovation Project for the first portion. 821 - Meeting with Al, Larry, and Dean, along with county planner Darby Kiley, and Terry 822 Carroll from Cornell Cooperative Extension. Received helpful background information on 823 the Office of Renewable Energy Siting Draft Regulations. Various committees and other 824 entities have been asked to review. 825 Board Discussion: 826 - Concern over police presence at Milton Meadows. 827 o Follow up with Sheriff/Troopers to see the activity levels. 828 o Sandy said that the Sheriff states there are more calls than acceptable. 829 o Would like for the planning board to follow up with the developer, as they 830 promised an annual report if there was an increased need for police activity. 831 o Keep in mind the impact of COVID on families. 832 833 Adjourned Meeting 834 Meeting adjourned at the call of the Planning Board Chair at 9:06 pm. 835 836 Minutes Taken and Executed by Heather Dries. 837 838 Access to public documents are available online at: 839 Planning Board Email tolcodes@lansingtown.com 840 841 Town Website https://www.lansingtown.com 842 843 Planning Board agendas, minutes & submittals https://www.lansingtown.com/town-docs Page 23 of 23