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HomeMy WebLinkAbout1979-05-14 TOWN OF LANSING PLANNING BOARD DATE : May 14 , 1979 TIME : 7 : 30 P . M . • PRESENT : D . Hardie , B . Bement , P . Wells , L . Montague , T . Kick , V . Miller GUESTS : P . McElwee , G -. Stevens , P . Munson9 - Town Board members Residents of Sperry Lane /Lakeview Dr . area ( list attached ) I . Public Hearing - Rick Churchill , minor subdivision , 207 Lansing Station Rd . , Lansing , - 7 : 30 P . M . A . Reading of public notice in the official newspaper , The Ithaca Journal , dated May 8 , 1979 . B . Introduction of Planning Board members . C . Presentation by Mr . Churchill . D . Floor Discussion 1 . A Planning Board member asked for confirmation that the width of the driveway would be expanded to 60 ' . Mr . Churchill . confirmed this , 2 . There were notquestions or objections from the floor . E . The Chairman officially declared the hearing closed . II . Minutes - March 27 , 1979 Mrs . Miller moved to accept the minutes , seconded by P . Wells , carried unanimously . III . Pubii_c Heari - Arno Finkeldey , major subdivision , preliminary plat , 108 �Spng erry Lane - 8 : 00 P . M . A . Reading of public notice in the official newspeper , The Ithaca • Journal dated Mal: 8fl 1999 . B o Presentation ° by Mr . Finkeldey 1 physical description 2 construction restrictions - single family dwellings only C . Introduction of deed restriction - Mr . Bement 1 . restrictions to run as long ns legally possible D . Floor Discussion G . Stevens ( TB ) - Would you explain the various lines on " the map ? Finkeldey - Solid lines are lot lines , dashed lines are contour lines . L . Johnson - Are there construction requirements ? Finkeld - No restrictions as far as cost . L . Johnson - Would recreational homes be permissable ? Answer : Yes . L . Johnson - Would it be possible to subdivide one of these lots in the future ? . Schleck.t ( engi. neer ) - Not according to present Health Depart . standards for construction of a septic system . It must be possible to inscribe a circle 200 ' in diameter in any one lot for a septic system . Because of the location and layout of these lots ? it would not be possible to further subdivide them . W rn . Straub - How will the addition of new wells in an already afflicted area , affect present wells ? Will present wells go dry and if so , what recourse is there ? N . Zobel - Have any test wells been dug ? iliFinkeldey_ - Yes . A 150 ' wellw.aal riuc with good water available at 1 10 ' . Another answer would be a municipal system . Mr . Finkeldey indicated he would be in favor of such a system erd would. ( 1 ) III . Public Hearing o Finkeldey - continued be willing to work towards this if a suitable spot on his land was found . • M . Howarth - How many tests have been dug ? Answer : 1 . Are test holes dug before the sale of property ? Answer : No . Land is sold with no guarantees . L . Johnson - Stated some of her personal concerns as well as those of some of her neighbors . 1 . Soil Conservation Service studies are available and should be utilized . 2 . The DEC is preparing a site study which will be made available to the PB . 3 . Environmental concerns : ( a ) septic effluent ( h ) silt run. - off into lake ( c ) water , drainage and water table problems 4 . Has a SEQR study been made ? It is Mrs . Johnson ' s understanding that a determination must be made and filed . 5 . The Environmental Analysis Office has been approached and has agreed to make a study . J . Swayze - Mr . Swayze has asked Lyle Crandall of the Soil Conservation Service to come out and study the area . Mr . Swayze ' s land adjoins Mr . Finkeldey ' s and he ( Swayze ) is concerned with the large amount of water that comes down the hill and the ensutr g erosion problem . He doesn ' t want run- off in his spring and feels there ' s danger to the proposed road at times of heavy run - off . P , Potenza - Concerned about noise and muc on Sperry Lane . Ami111 Finkeldey - On erosion : 10 env open land will be planted within 1 year of excavation 2 . won ' t allow anything left bare and unplanted 3 . several natural gullies will channel effluent from hillside 40 there won ' t be an unnatural amount of draingge S . Johnson - Could and would the PB make a formal request to the Soil and Water Commission for a study ? D . Hardie ( PB ) - Yes . Hartman - Mineral rights have always been a problem in the area . Finkeldey - Inthrnaticnal Salt h:ns agreed to sell surface rights , but will maintain below surface rights . Mr . Finkeldey had to purchase an exemption from surface mineral rights . Theoreti - cally it ' s possible for the subdivider to buy all the surface rights . Mr . Finkeldey felt he could not afford to do so . P . McElwee ( TB ) - Is it possible to tell us how much you ' re asking for the land ? Finkeldey s- Final cost will be contingent on cost of road construction . Possibly $ 2500 to $ 3000 per acre . B . Bement ( PB ) -How much are mineral rights sold for ? Finkeldey - $ 100 per acre P . MCFlwee ( TB; y Have you discussed with the PB the power lines running through the property and are you proposing underground utilities ? Finkeldey - The lines have been discussed and because of the cost factor , underground utilities are not being planned . P . McElwee ( TB ) - Hopes PB will ask for underground utilities and preserve _ the beautiful unrestricted view . • Finkelde_ y__ c NYSEG allows 500 ' free overhead line per lot as opposed to 60 ' free underground cable per lot . ( 2 ) III . Finkeldey - continued ✓ . Miller - What is the length of the road ? Answer : 37501 . . R . Zobel - How long may deed restrictions legally run and how will restrictions be enforced ? Finkeldey - 1 . State law , statute of limitations is 20 - 25 years . 2 . There are alternatives in the restrictions that will make them self - enforcing . The deed restrictions are filed with the deed and any violation will leave the party open to suit . R . Zobel - Are there any construction restrictions ? Finkeldey - All building plans must be submitted to Finkeldey or in his absence , 2 neighbors , or an approved architect . There are restrictions to protect the view . B . Bement ( PB ) - How do you plan to enforce grading and replanting? Finkeldey - Again , plans including landscaping must be submitted to Finkeldey before construction begins . S . Johnson - Feels PB should ciarigy "design features " in regard to power lines . P . Potenza - Will you meet your handscaping deadline ? Answer : Yes . M . Howarth - Why did Finkeldey start a road before the subdivision had been Approved ? D . Jardie ( PB ) - Action was taken to stop road construction . Finkeldey Tntroduced and explained road map included with plat . G . Stevens ( TB ) -Asked for explanation of drainage system . Mn Finkeldey did so . W m , Straub - How will PB make a decision about the water problem ? G:$ tevens ( TB ) -No one is unconcerned about the water probleT , but it ' s a very sticky question . P , Munson ( TB ) -The Town Board is putting together a Water & Sewage Commission . Presently , it appears the only way to solve the problem is to form a municipal system and to do this , funding from other sources must be sought . The Town cannot handle the financial burden alone . R . Fay - Has water been sought in that area before ? Finke;ldey - On any lot exceeding 5 acres , the State cannot enforce - water and sewage restrictions . L . Johnson - If the subdivison fails , who will be responsible for cleaning up the mess ? Finkeldey - As soon as permission is given , the area will be cleaned up . L . Johnson - When is a speed limit determined ? Answer : That is outside PB jurisdiction . Has a wetlands determination been made ? Answer : No . B . Desher - Spote in frvor of the subdivison as a potential resident . S . Jo-hnson - Will there be another hearing on this ? D . Hardi TPB ) -That will be at the discretion of the PB . P . Munson ( T'B ) -Thanked the Planning Board for working so diligently on this subdivision . H earing officially declared closed . IV , Ordinance Office 411r A . A letter was sent to the PB concerning the Keeney mobile home park and without consulting the PB , the Ordinance Officer mailed a reply ( example of problem ) ( 3 ) IST . Ordinance Officer o continued B . Discussion of Ordinance Officer ' s duties and how it relates to the IIIPlanning Board . G . Stevens ( TB ) - The Town Board doesn ' t instruct the Ordinance Officer and shouldn ' t have to . Suggested the Town Supervisor , Ordinance Officer and Chairman o f the Planning Board , have a joint consultation re : duties o f the Ordinance Officer . B . Bemen_t ( d _PB ) -/There should be some type of follow-up after dues are defined . G . Stevens - After the consultation , if the job isn ' t being done in a satisfactory manner , a closer look must be taken at the person doing the job . It would be helpful if an outline of expectations was prepared prior to the consultation . ✓ . SE2R, v The Town is currently operating under the state mandate for SEQR . This Tay only apply to municipal construction . ✓ I . Churchill subdivision Since there was no discussion from the floor and no changes were made in the sketch plan other than flirt recommended by the Planning Board , it was moved , seconded and carried unanimously to accept the plan . So moved by T . Kick , seconded by L . Montague . ✓ II . Finkeld y subdivision If any cflge in the preliminary alit plan is mrde after the public hearing , another public hearing must be held . The following concerns will be investigated and reported on at the next meeting , May 21 , 1979 : 1 . Power lines ( L . Montague ) 2 . SEQR ( T . Kick to work with G , Steirens ) 3 . Soil Conservation Service ( D . Hardie ) 4 . DEC ( V . Miller ) 5 . Wetlands ( V . Miller ) 6 . Mineral Rights ( V . Miller ) B . Bement suggested a consumer protection note on sales offer . ' , Kick - didn ' t think this a PB concern . V . Miller - when subdivision goes to the County Clerk , ^attach lint of questionable areas ( septic , water , mineral rights ) 7 . Water ( V . Miller ) 8 . Performance bond ( D . Herdie ) VIII . Public Record Bulletin Mrs . Miller proposed a motion that the Planning Board subscribe to the Public Record Bulletin with soonest possible delivery . Seconded by B . Bement , carried unanimously . Adjourned : 11 : 00 P . M . ( 4 )