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® TOWN OF LANSING
PLANNING BOARD MEETING
Monday , April 2 , 1990 ; 7 : 30 p . m .
PLANNING BOARD
* Denotes Present
* Al White * Larry Sharpsteen
* Carol Kammen * Roger Hagin
L inda Hirvonen * Viola Mullane
* Frances Ramin
L arry Tvaroha , Town Councilman
* George Totman , Planning , Zoning and Code Administration
Office
* David Herrick , Town Engineer
PUBLIC PRESENT
Barney , Termina Gary Lamont
Brent A . Cross , La Cross Development Robert Ives
P at Casler , Realtor Rhoda Ives
George Schlecht Matthew Shulman
® Charles Curry Cherie Sullivan
J ohn Dietershagen Howard Cahalan
Flinn Tom Niederkorn
* * * *
Al White , Chairman , called the Planning Board Meeting to order
at 7 : 34 p . m .
SITE PLAN REVIEW .
Mr . Niederkorn appeared before the Planning Board with a
preliminary site plan review proposal . Mr . Niederkorn explained
that the authority for site plan review falls under Section 274 ( a )
of Town Law which gives the Town Board the authority to authorize
the Planning Board to review site plans . This is either done as
a part of the zoning ordinance or a local law if there isn ' t any
zoning . Mr . Niederkorn stated that there is zoning in part of the
Town and no zoning in the rest of the Town and explained that site
plan review isnot a substitute for zoning . He further stated
that the purpose of site plan review is to try to preserve and
protect the natural environment and reduce and minimize the impacts
a development may have . He stated that it will have to be
determined what areas will have site plan approval and establish
® the standards for the land use and that a map will be developed to
show lands required to have site plan. review .
r
® Mr . Niederkorn reviewed the handoutsof the draft language hehad
developed with the membersof the Planning Board . The intent would
fall under local law in accordance with appropriate State law .
Mr . Niederkorn stated that Article. 6 of the Town Zoning Law does
not specify those land uses which require siteplan approval and
recommended changing Article 6 ( schedule of land use activities. )
and picking out areaswhich the Planning Board feels require site
plan review and amend the ordinance or require a special permit for
these areas .
Carol Kammenmentioned that Mr . Niederkorn only put down
e nvironmental areas and stated that there were other areas where
it wouldbe crucialto have specific siteplanreview , i . e . the
hamlets , such as Ludlowville , and stated that if the Planning
Board did not reach out to do the areasthat they feel are more
important , that they will loose the opportunity because amending.
this will be just as hard as getting it though .
Larry Sharpsteen stated that he felt Mr . Niederkorn ' s draft
language was a good starting point and stated that the
e nvironmental areas should be the Planning Board ' s first concern .
He stated that if Mr . Niederkorn were to expand upon that that
there might be a better chance on targeting activities than
locations . Carol Kammen questioned if someone were to ask for a
special permit would it be covered by the things the Planning Board
® was concerned about . Mr . Niederkorn stated that a special permit
would be required in a zoned area and that the Planning Board
really has to determine andnamewhat areas they are interested in
as to having site plan review .
Carol Kammen stated the geographical points are important ( No .
5 ) but the plan should incorporate specific uses . Mr . Niederkorn
stated that he would draw up a proposed listing of specific uses .
Larry Sharpsteen stated that the Planning. Board has to be careful
as defining uses as there are certain areas , i . e . waste dumping and
farm fertilizing , thatare on a fine line and suggested that this
should be excluded . Carol Kammen statedshe was uncomfortable.
with Section 400 , No . 5 and the Planning Board. agreedthat it
should be removed ..
Chairman White stated that the Planning Board needs to discuss
this more and thenfeel the Town Boardout before determining a
final site plan review process .
It was decided that Mr . Niederkorn would meet with the
Planning Board on Monday , April 30 , 1989 at 7 : 30 p . m . to further
e xplore the site plan review process. and procedures .
* * * * *
410
2
® GARY AND PAMELA. LAMONT , PROPOSED. 1. LOT SUBDIVISION , LOCATED AT 25
TRIPHAMMER TERRACE., TAX. MAP NO . 41 . - 1 - 1,
Mr . Gary Lamont appearedbefore the Planning Board seeking
approval of a 1 lot subdivision located at 25 Triphammer. Terrace ,
which is northeast of the present house . Mr . Lamont stated that
the proposed 1 lot subdivision is 12. 5. feet from thecenterline. of
Hillcrest Road , that there is public water and that itwould be.
about 8 / 10 of an acre + . Viola Mullane questionedwhether lots
must be measured from the right of way and not the center line .
Mr . Herrick confirmed that lots must be measured from the right
of way and that the regulations state it mustbemeasured from the
street line . Chairman White. questioned if Mr . Lamont wasintending.
to sell this lot asa building lot . Mr . Lamont stated this was his..
intention . Chairman White stated that the Planning Board would
feel more comfortable if the proposed 1 lot subdivision were.
located. 125 feet from theright of way . Larry Sharpsteenstated
that the driveway would be better if located on Triphammer Terrace .
Larry Sharpsteen moved that the Planning Board accept the
proposed 1 lot subdivision with the measurementsgiven from the
road right of ways with a minimum of 125 feet along Triphammer
Terrace from theright of way to Hillcrest Roadand waived the
requirement for a Public Hearing , conditioned upon the Health
Department ' s acceptance of- the. 125 foot width and acceptance of the
410 short form SECRA by the Town Board ; Carol Kammen seconded the
motion .
VOTE : ALL IN FAVOR
MOTION CARRIED UNANIMOUSLY
* * * *
ROBERT AND RHODA IVES. , PROPOSED 1. LOT SUBDIVISION , LOCATED. AT 93
AUBURN ROAD , TAX MAP NO . 37 . - 1- 2 - 12 .
Mr . and Mrs . Rhoda Ives appeared before the Planning Board
seeking approval of a 1 lot subdivision located at 93. Auburn Road. .
Mr . Ives stated that they have Health. Department approval of the
landand sewer system .
Mr . and Mrs . Ives plans show that they intend to subdivide the
existing lot with house , barn and septic system to 1 / 2 acre lot
making the remainder of the original lot a new lot of 2 . 52 acres
with plenty of road frontage and public water .
Mr . Ives stated that he has no plans to subdivide again and
that they will use. the 20 foot strip as a. driveway . He stated that
one house and a septic will fit nicely in the wider section as
er shown on the map .
3
411
Carol Kammen moved that the Planning Board accept the proposed
1 lot subdivision located on Auburn Road and waive the requirement
for a Public Hearing ; Larry Sharpsteen seconded the motion .
VOTE : ALL IN FAVOR
MOTION CARRIED UNANIMOUSLY
* * * *
BARNEY TERMINA , PROPOSED 6 LOT SUBDIVISION LOCATED ON ARMSTRONG
ROAD ( Near Franklin Drive ) , TAX MAP NO . 38 - 1 - 1 . 2 .
Barney Termina and Brent A . Cross of LaCross Development
appeared again before the Planning Board seeking preliminary plat
approval of a proposed. 6 lot subdivision located on Armstrong Road
( off Triphammer Road near Franklin Drive ) .
Mr . Cross stated that they had revised the plans to extend
the right - of -way off of the end of the cul - de - sac for future
development of the road . Carol Kammen questionedthat until the
land actually became a road who would be responsible to maintain
410 it . Mr . Cross pointed out on the map that the two adjacent
property owners would be responsible for maintenance .. Mr . Cross
further pointed out that they moved the lines on the plans so that
e ach lot would be 1 acre . Mr . Cross stated that. Mr . Termina had
been in contact with the owner who deededthe right -of -way to Mr .
Termina . Mr . Cross stated that Mr . Termina discussed the situation
with the property owner and that the property owner statedthat he
would deed that portion of his land to the Town . Carol Kammen
stated that the. Planning. Board would need to have this in writing .
Carol Kammen moved that the Planning Board approve the
proposed 6 lot Termina Subdivision as a preliminary plat andthat
a Public Hearing be scheduled. for May 7 , 1990 ; Larry Sharpsteen
seconded the motion . Larry Sharpsteen moved that the motion needed
to be amended to statethat scheduling of. a Public Hearing
contingent upon the Town Board acting on SECRA ; Carol Kammen
seconded the amended motion .
VOTE : ALL IN FAVOR
MOTION CARRIED UNANIMOUSLY
ACTION : George Totman stated that he will need to have thenames
o f all adjacent property owners by April 2.6 , 1990 . Upon receipt
o f this information , he will mail notices to the adjacent property
owners of the Public Hearing on this proposed. 6 lot subdivision .
4
ALAN EUVARD , PROPOSED 9 LOT SUBDIVISION ( Locatedon the North . Side_
of Hillcrest. Road) .
George Schlecht appeared on behalf of Mr . Alan Euvard
✓ egarding the proposed 9 lot Subdivision located on the north side
o f Hillcrest Road . Mr . Schlecht stated that hehad had a telephone.
conversation with George Totman and was: told. by George Totman that
a Public Hearing could not be scheduled ona preliminary plat until.
the Town acts on the SECRA . Mr . Schlecht stated that in the past
a preliminary plat could be approved contingent upon Health
Department approval of the septicsystem butthat he is concerned
that if you can ' t get the Town ' s input on the preliminary plat
until after you have worked out all of the details and have to do
final engineering plans , that thereis very little room to make
changes that come up at a Public Hearing . Chairman White stated
this was basically a " Catch- 22 " situation in that if thereare. any
. changes between a preliminary plat . and a final approval , that
another Public Hearing is required .
Chairman White expressed his concerns about the drainage
situation in the proposed subdivision and asked Mr . Herrick for
input . Mr . Herrickstated that the drainage situation was not a
® big problem and that the main concern was the impact on the sewer
systems . Mr . Schlecht stated that he shared Chairman White ' s
concerns but that the septic system and water pressure are a more
serious concern .
D
Chairman White questioned that if the Town was finished with
the SECRA if Mr . Schlecht was requesting a Public Hearing . Mr .
S chlecht stated this was correct . Mr . Schlecht stated that they
d id have final engineering plans , however , they did not have Health
Department approval .
The Planning Boarddiscussed the issue of scheduling a Public
Hearing and it was decided that. if. George Totman received the SECRA.
from the Town Board that. the Public Hearing would be scheduled .
* * * * *
MATTHEW SHULMAN , BOUNDARY ADJUSTMENT FOR LANDS LOCATED AT 154
WILSON ROAD , TAX MAP NO . 27 . - 1 - 36 . 2 .
Mr . Shulman appeared before . the Planning Board seeking a
boundary adjustment for lands located at 154 Wilson Road . Mr .
Shulman refreshed the memory of the Planning Board members by
stating that this land was the former Paterny Farm on Wilson Road
® between Buck and Conlon . Mr . Shulman stated that Mr . Paterny had
5
410 made several promises to several people concerning disposition of
this land . Mr . Shulman purchased the farm in its entirety and
talked to two individuals to whom Mr . Paterny hadmadepromises to .
Mr . Shulman stated these individuals were Howard Cahalan. ( 196
Conlon Road ) and Matthew and Cherie Sullivan ( 204 Conlon Road ) and
pointed out the parcels on the map provided to the Planning Board..
Mr . Shulman stated that they are proposing to divide the strip of
land into two parcels to make it a common line .
Carol Kammenmoved that the. Planning Board approve the
boundary change on the Shulman property contingent. upon Mr .
Shulman , Mr . Cahalan. and. Mr . and Mrs . Sullivan providing surveys
that can be signed. by Chairman. White ; Larry Sharpsteen seconded the
motion . Mr . Shulman presented a signable survey to Chairman White .
VOTE : ALL. IN FAVOR
MOTION CARRIED UNANIMOUSLY
* * * * *
DAVID G . AND MARY FLINN , PROPOSED. SUBDIVISION REQUEST. , LOCATED. OFF
ROSS ROAD , TAX MAP NOS. . 2.5 - 1.- 1 AND 25 - 1 -3 . 1 .
Dam
Flinn and John Dietershagen appeared before the Planning
Board with representation from Attorney Charles Curry seeking
approval of two applications for two subdivisions located off Ross
Road , Tax Map Nos . 25 - 1 - i and 25 - 1 - 3 . 1 . Attorney Curry stated that
they were proposing - 15 cottages on Parcel A thatruns along the
railroad tracks andfurther statedthat thedriveway , which is
3 , 225 feet + 1 goes through both tax parcels to bemaintained by Mr .
Flinn and Mr . Dietershagen .
Viola Mullane stated that since there are two parcels serviced.
- .� by the proposed driveway , that it must be constructed according to
Town specifications . Carol Kammen pointed out that theproposed
subdivisions are actually considered a. major subdivision because
there will be a new road and have new utilities. . Attorney Curry
Q disputed that this would. be a major subdivision and read
Subdivision Ordinance Section 1 ( a ) to the Planning. Board. members. .
Frances Ramin asked Attorney Curry for an overview of what.
they actually hadin mind . Attorney Curry stated that a copy of
Mr . Novelli ' s engineering study was previously submittedto the
Town and further stated that this study spells outexactly what
their intentions are .
Carol Kammen stated that in order for the Planning Boardto
conceptualize whatis actually intended here , that the following
items would be necessary : ( 1 ) developers conference ; ( 2 )
41) recommendation from the Town Engineer after engineering , drainage
6
411 approval ; ( 3 ) road study approval from Pete Larsen ; ( 4 ) receipt of
long form SECRA from the Town Board ; and ( 5 ) preliminary sketch
plan including the driveway . Carol Kammen further stated that they
will require , in the future , D . E . C . or Conrailpermission for use
of lands bordering the railroad tracks. .
It was decided that this matter should be tabledfor the May
7 , 1990 Planning Board Meeting .
* * * * *
TOWN ENGINEERING. REPORT
Pinney Subdivision
Town Engineer David Herrick reported onthe status of the
Pinney Subdivision . Mr . Herrick stated that he hasseenthe plans
for the connection to the highway from a town road and stated that
the Town does not have the ability to modify the proposal due to
the fact that it is in a non - zoned area .
Mr . Herrick stated that it would be in the best interestsof
the Town if they would consider a different road proposal .. He
411 further stated thatthe working drawings for the loop adhered to
the 12 % grade limitation .
* * * * *
REVIEW OF PLANNING BOARD MINUTES. OF FEBRUARY 5l 19.90 AND MARCH 5 ,
1990 .
Carol. Kammen moved that the Planning Board Minutes of March
5 , 1990 be accepted ; Frances Ramin seconded the motion .
VOTE :. ALL IN FAVOR
MOTION CARRIED UNANIMOUSLY
Carol Kammen moved that the Planning. Board Minutes of February
5 , 1990 be accepted , as amended ; Frances Ramin secondedthe
motion .
VOTE : ALL IN FAVOR
• MOTION CARRIED UNANIMOUSLY
* * * * *
411
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f
There being no further business , the Planning Board Meeting
was adjourned at 10 : 15 p . m .
Re . ectfully submitted ,
- - - - - - - -
' (- 9
z . L . Evans
Next Planning Board Meeting : Monday , May 7 , 1990 ; 7 : 30 p . m .
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