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HomeMy WebLinkAbout1994-07-11 r I , I _ To Seneca Falls To Auburn 1, 1\d'T , yy�td yp ee"�+�q �yX§}P ;w,'y a }�s fit, $gyp. idx " rs b� Y - It %��>. �p�t. "K d� sz a$,,r' TOWN o f L A N S I N G ` \ ' , "422112:S. :010 ` � �k:41 Home of Industry, Agriculture and Scenic Beauty ' 0 AA - 4ft-,ww -..4:k6N-147t to4t1 k?,4:. 7 y C - � fi Town of Lansing ` �; ORDINANCE DEPT. 1 ymf pis§ Box 186 \� \ g� is 4 Lansing, New York 14882 'r To Ithaca TOWN OF LANSING PLANNING BOARD Date : July 11 , 1994 Time : 7 : 30 PM Place : Lansing Town Hall Board Room 41/ AGENDA 7 : 30 PM Open Meeting - General Business Approve June Minutes 8 : 00 PM Public Hearing - Cayuga Highlands 8 : 15 PM 1 Lot Subdivision , Cleveland 3031 North Triphammer Road , 37 . 1 - 3 - 47 8 : 30 PM Proposed Subdivision — Sketch Plan Nova Lane , 36 - 1 - 17 8 : 45 PM 1 Lot Subdivision , Dorothy Munson 29 - 1 - 23 9 : 00 PM 1 Lot Subd 39 - 1 - 13 . 2 ivision , Anna Moravec Farrell Road , . 5, a Town of Lansing Planning Board Monday, July 11 , 1994; 7:30 p.m. PLANNING BOARD MEMBERS ( • Denotes present) • Jackie Baker Cheryl Nickel • Lin Davidson • Larry Sharpsteen, Chairperson • Brad Griffin • Robert Todd • Viola Miller • Al White s Larry Tvaroha, Town Councilman • George Totman, Zoning and Code Enforcement Officer PUBLIC PRESENT W.F. Albern Sunnyslope Terrace, Ithaca, NY Monica Carey 390 Lick Street, Groton, NY Beverly and M.E . Cleveland 3031 North Triphammer Road, Lansing, NY John Homa, Jr. 48 Teeter Road, Ithaca, NY Anna Moravec 1871 East Shore Drive, Lansing, NY Jim Moravec 1681 Ellis Hollow Road, Ithaca, NY George Schlecht Ithaca, NY ® LarrySharpsteen opened the meeting at 7:35 p.m . Review of Minutes of Tune 27, 1994, Meeting Page Three, Second Paragraph, Fifth Line - Brad changed the word fairways to thoroughfares . Page Three, Fifth Paragraph - Larry Sharpsteen modified that paragraph as follows. "Larry Sharpsteen stated that from now on in the approval of a subdivision, the Planning Board should state that the maintenance of the drainage other than the road ditches will not be the responsibility of the Town of Lansing. The Board does not feel that the Town of Lansing should subsidize the developers by maintaining their drainage ditches. If it were within their venue of authority, they would also suggest that the developers repair the damage to the town roads that is caused by their outflow. Al White made a motion to accept the minutes as corrected; Lin Davidson seconded. VOTE: ALL IN FAVOR; MOTION CARRIED 4 • UNANIMOUSLY Resolution - Lin Davidson read aloud the wording for the resolution passed at the last meeting. "On Monday, June 27, 1994, the Town of Lansing Planning Board passed a resolution in appreciation of over 20 years of service performed by Linda Y . ; Hirvonen as a dedicated member, recording secretary, and as chairperson. Always placing Planning Board duties above her own, educating herself and the board to be open to new solutions, and always ready to listen to and serve the public. " ;g Lin asked that everyone review the wording and provide him comments so a final version can be prepared and presented to Linda . . . I. Town of Lansing Planning Board Page 2 Monday, July 11 , 1994 • Report from Tom Niederkorn - Larry Sharpsteen read a report from Tom 41, Niederkorn, and asked for comments. ONE-LOT SUBDIVISION, Beverly Cleveland, North Triphammer Road, Tax Map #37.1-347 Viola questioned the zoning , density is where this is located; George identified it as low density. Viola commented that since this is in a low density district, and it does not meet the road frontage requirements of 150 feet, it must be presented to the Zoning Board of Appeals (ZBA) for consideration. George Totman suggested that perhaps the Planning Board could act on this subdivision with a contingency that it doesn' t become effective until it has approval from the ZBA. Larry Sharpsteen stated that the Planning Board will not act on this as it would place improper pressure on the ZBA to accept the proposal. Beverly Cleveland indicated that she was told in April that she only needed a 100 foot diameter circle for the septic system and 100 feet of road frontage to meet the requirements for this subdivision. She questioned why she was being told something different now. Larry Sharpsteen responded that tonight is the first time that this proposed subdivision is being brought before the Planning Board, and that if it had not been in a zoned district, the Planning Board could have acted on it. He apologized for any miscommunication that may have taken place. Mrs. Cleveland stated that she is dosing on this property on August 1 , and asked the Planning Board what they could do to help her with resolving this issue before then. Larry Sharpsteen indicated that the Planning Board does have a second meeting this month in which they could act on this proposal; he asked George when the ZBA meets next. George responded that he could schedule the next ZBA meeting right away, but there needs to be 10 days to announce the public hearing, since all meetings of the ZBA are public hearings. George suggested that it might be possible to get the ZBA to meet earlier in the evening on July 25 and make a decision on this request which would allow the Planning Board to act immediately following the ZBA meeting. Mr. Cleveland pointed out that there are several other lots in the immediate area that have less than 150 feet of road frontage. Larry Sharpsteen stated that the Planning Board has speculated that due to the age of the lots, they were developed before the zoning ordinance was passed. PUBLIC HEARING, Edward Halberg, Cayuga Highlands, Tax Map #36-1-15.1 Larry Sharpsteen read the public notice, opened the public hearing, and invited any questions from the public present. George Schlecht explained that the purpose of this public hearing is to change the preliminary plat to a new design with lesser lots. Mr. Schlecht explained that this is being done to reduce the amount of road and water Town of Lansing Planning Board Page 3 Monday, July 11 , 1994 main, and secondly to reconfigure the lots so that they are more desirable. The previous design had three or four lots that would be difficult to build on. George Schlecht explained that he has met with Pete Larson and reviewed all requirements for the road. He referred to a letter that was written by Pete in response to their meeting and discussions. (Each of the board members has a copy of • this letter.) A question from the public was regarding previous approval of this subdivision. Larry Sharpsteen responded that preliminary plat approval was given at the last 'meeting of the Planning Board contingent upon approval of the Highway Superintendent. This submittal is for final plat approval with the correction noted that the radius of the access between Waterview Circle and Teeter Road, and the detailed changes from the Highway Superintendent's memo of July 11 will be added tothe map. Robert Todd wanted to clarify for himself that this proposal was given preliminary approval contingent upon the approval of the Highway Superintendent, which was given through a letter from Pete Larson dated July 11 . George Totman stated that he had spoken with Pete who asked him to convey to the Planning Board that he does not have a problem with this circle road now that the developers have agreed to widen the circle. From Pete' s letter, Robert wasn' t convinced that Pete has approved it. ® Mr. Homa pointed out that thepublic notice that was published in the Ithaca Journal advertised the hearing date as July 1 instead of July 11 . Mr. Homa was concerned about the construction, which will be to the northwest of his house on Teeter Road. He stated that he would appreciate any care that could be taken by the developers to minimize the dust. He also commented about a deed restriction that states that mature trees can' t be over 35 feet. There are a number of trees already planted in that development that will well over 35 feet once they have reached maturity and will obstruct the view that he has from his house. Mr. Homa wanted to know how this deed restriction was going to be enforced . Would it be the responsibility of the developer or land owner to plant trees that only grow less than 35 feet? The Planning Board responded that deed restrictions are not something that they can enforce. Mr. Homa then cited Section 606 "All Natural Features" of the subdivision regulations that states that indicates that all views will be preserved whenever possible. Mr. Homa also pointed out that on the southeast corner of his lot some utilities have appeared in conjunction with this new subdivision. George Schlecht responded that the gas and electric, and telephone should run along the town right- kt of-way, and not onto his property. He explained that he will resolve this issue with Mr. Homa. Larry Sharpsteen indicated that all Mr. Homa' s comments will be taken into consideration and ;entered into the minutes of this meeting. �rz �w Viola Miller made a motion to close the public hearing; Robert Todd seconded. R z VOTE: ALL IN FAVOR; MOTION CARRIED UNANIMOUSLY r . i Town of Lansing Planning Board Page 4 Monday, July 11 , 1994 • Viola clarified that this was a review of the final plat of the changes made to the Cayuga Highlands proposed subdivision. She also commented that the Planning Board was pleased with the reduction in the number of lots and that the configuration of lots was more beneficial to the area . The Planning Board has received a statement from the Highway Superintendent dated July 11 indicating that the cul-de-sac is satisfactory in his opinion. There will be no maintenance by the town of the center of the circle, and that the circle would be owned by one person. George added that after speaking with the developers, they understand that the town doesn' t want the responsibility of maintenance of the circle, other than retaining a right-of-way to maintain the drainage. They also indicated to George that the ownership of the circle will either remain with the developers or potentially be conveyed with the largest lot in the subdivision. Robert questioned Larry Tvaroha as why there are several places on Lake Watch Road where the town is maintaining the drainage on private property. Larry stated that the town has easements into the ditches in order to maintain them, and there are some points where the ditches have to dump into which may be on private property. In these situations, the town maintains an easement onto the private property in order to maintain those drainages . Larry Sharpsteen questioned the town's maintenance of the drainage on the circle and what that would involve. He also questioned the cobblestone that from the maps looks as though the stone will be flush with the road. Mr. Schlecht stated that the circle will be graded so that all the drainage flows to one low spot. Larry Sharpsteen questioned whether the Town Engineer has reviewed all the calculations for this design. Mr. Schlecht stated that the Town Engineer has already reviewed this information. Jackie Baker suggested that it be the responsibility of the developer to provide to the purchasers of the parcels a listing of trees that would stay under 35 feet in height, in order to meet the deed restrictions. There was discussion as to whether or not new restrictions could be added to this proposal, but it was clarified through the subdivision regulations that this is a new proposal since there were significant changes from the original one. Mr. Schlecht pointed out that there are already a number of trees on the properties that do not fall under the 35 foot height limit. Mr. Homa asked that the developers keep in mind the species they intend to plant that might help with the natural erosion of that area. Al White made a motion to accept the subdivision plat as presented including the revised radius of the center green section of the road per the memo from the Town Highway Superintendent dated July 11; taking into consideration all the comments made, in particular by John Homa, in regard to asking the developer to do whatever they can to minimize the dust due to construction from affecting particularly those people that are not within the proposed subdivision; and to conform to the original deed restrictions and Section 606 of the subdivision regulations . Brad Griffin seconded . VOTE: ALL IN FAVOR; MOTION CARRIED UNANIMOUSLY - Town of Lansing Planning Board Page 5 Monday, July 11 , 1994 . PROPOSED SKETCHPLAN, William Albern, Novalane, Tax Map #36-1-17 Bill Albern appeared before the Planning Board to provide information regarding his proposed sketchplan for Novalane. This property is a 500 foot strip that exists between Lake Watch and Eastlake. He explained that in the development of Lake Watch, Smuggler' s Path was created; and in the development of Eastlake, an access is yet to be created with the intention of at some point in the future meeting up with Smuggler's Path. Mr. Albern' s proposal is to create a east/ west access and to connect Smuggler's Path and the road from Eastlake . He explained that he is here to get some input from the Planning Board as to how he should proceed. The first question he had was whether or not the road should exit onto East Shore Drive. Larry Sharpsteen responded that even if the road didn' t exit onto East Shore Drive, the Planning Board does not want to see a cul-de-sac. The Planning Board would prefer to see a "hammerhead" or a "T" . Larry Tvaroha questioned where this would exit onto East Shore Drive. Mr. Albern responded that it would be in the old pasture to the south of Lane's old house onto East Shore Drive. Larry Sharpsteen commented that that wouldn' t be a great spot; however, as far as maintenance to the town, that would be a long, uphill straightaway to a deadend. Al White questioned whether it would be feasible to have that road exit directly across from Waterwagon Road. Mr. Albern thought that would be a difficult entrance, and it would also impact the residence there with roads on all four sides of it. He also commented that there is an uphill grade, but that it is an easy grade. He explained that at the west end of this proposal, there would be three lots that would enter from Eastlake Road. Jackie Baker questioned whether the remainder of the parcel would be divided. Mr. Albern indicated that it would be divided in the future in accordance with zoning. Larry Sharpsteen questioned; whether negotiations are taking place with the developers of Eastlake since,4the road cuts their stairway to the lake in half to the houses down by the lake. It !would go across a path between the two stairs. Mr. Albern is proposing three driveways instead of a road. Larry Tvaroha commented that if this road isn' t extended to East Shore Drive, all the construction equipment for developing the road and the houses is going to come through some private residences on fairly small roads . Mr. Albern suggested the possibility of having the construction equipment access this property from East Shore Drive temporarily and iL then abandon the access. Robert Todd questioned whether there is currently any zoning in that area. Viola stated that it is zoned as rural zone. Mr. Albern indicated that he will change the Discussion Plan to read "in accordance with subdivision regulations . " Larry Tvaroha questioned whether the developer has an idea of how many potential lots there are for the remainder of the parcel. Mr. Albern indicated that there is approximately 35 ® remaining acres. Novalane is being planned so that there can be development on both sides of this proposed road. Town of Lansing Planning Board Page 6 Monday, July 11 , 1994 Larry Sharpsteen indicated that this will need to be discussed in length with the • Town Board, Town Engineer, and the Highway Superintendent. Mr. Albern was asked to provide an approximate number of potential lots. The main concern was whether or not to connect Novalane with East Shore Drive. Larry Tvaroha added that the State Department of. Transportation will also need to be contacted to ask their opinion. Mr. Albern commented that if he goes to the DOT without direction from the Town, they will probably respond negatively; but he will contact them if the Planning Board asks that of him. Larry Sharpsteen asked that Mr. Albern provide George Totman with an approximate number and sizes of the lots along Novalane within the next couple of days. It was suggested that the exit of Novalane be connected with East Shore Circle to cut down on one more exit onto East Shore Drive. Mr. Albern stated that he will consider that option. Larry Sharpsteen suggested that Larry Tvaroha bring this to the Town Board for discussion, and then have it come back to the Planning Board again at their next meeting. Jackie Baker made a motion 'to accept this sketch plan; Al White seconded. VOTE: MOTION CARRIED WITH ONE ABSTENTION (Brad Griffin) ONE-LOT SUBDIVISION, Dorothy Munson, Van Ostrand Road, Tax Map #29-1-23 Al White pointed out that Dorothy Munson is proposing to have the driveway along the deeded right-of-way to this lot along the north side of the gully, which is approximately 25 feet deep . Ms . Munson is intending to give this lot to her daughter. Robert Todd pointed out that the deeded right-of-way is across NYSEG property. George stated that Ms . Munson understands that if this subdivision is approved, that she needs to get an easement from NYSEG. Larry Sharpsteen stated that the Planning Board is looking at this flaglot of two acres with a 20-foot wide driveway which is approximately 200 - 250 feet off of Van Ostrand Road. Robert was concerned that the entire parcel (29-1 -23) is landlocked, and wasn' t clear on how the Planning Board could act on this proposed subdivision. He suggested making approval of this request contingent upon Ms. Munson receiving a right-of-way from NYSEG. Lin Davidson commented that a function of the Planning Board is to look to the future, and that if the only access requested from NYSEG is the 20 foot driveway, then that will be the only access to the entire parcel until someone goes back to NYSEG again with another request. Viola questioned whether NYSEG permits roads to be built under their high tension wires. Larry Tvaroha commented that there are many roads under the wires, such as Route MB. Viola agreed with Lin in that Ms. Munson should request the full 60 foot right-of-way in her application with NYSEG. Town of Lansing Planning Board Page 7 Monday, July 11 , 1994 The Planning Board reviewed the SEQR and received a negative declaration. Jackie Baker made a motion to accept this proposed flaglot subdivision contingent upon completion of a survey map, documentation of acceptance of a 60 foot right-of- way from NYSEG, and to waive the public hearing; Lin Davidson seconded. VOTE: ALL IN FAVOR; WITH ONE ABSTENTION (Al White) Al White added that Ms. Munson doesn' t have to deed the entire 60 foot right-of-way U to her daughter, but instead can deed the 20 feet required for her driveway, retaining the other 40 feet for future access to the remainder of the land. ONE-LOT SUBDIVISION, Anna Moravec, Farrell Road, Tax Map #39-1-13.2 Anna Moravec appeared before the Planning Board to request consideration of a one- lot subdivision of approximately six acres (Parcel B), which she intends to sell . Jim Moravec explained that Parcel A (16 + acres) is mostly wet woods, which will be access by a 30 foot right-of-way. At this point in time, Ms . Moravec has no intention of further dividing Parcel A. Larry Tvaroha pointed out that Parcel A is still quite large and at some point in the future further subdivision might be considered for this lot, and the provision ofaccess needs to be considered now. ® LarryTvarohapointed out that there isquite a bit of developable land around this P parcel, and it might make it more valuable at some point if road access to Farrell Road is considered. Robert questioned what Ms. Moravec would be able to do with a 30 foot access. George answered that only two lots would be allowed out of Parcel A, but if a 60 foot access were identified, then there is the potential of perhaps ten lots . The Planning Board reviewed the SEQR and received a negative declaration. Al White made a motion to accept this proposed subdivision as amended with a 60 foot access road to Parcel A, and to waive the public hearing; Viola Miller seconded. I VOTE: ALL IN FAVOR; MOTION CARRIED UNANIMOUSLY Al White made a motion to adjourn the meeting; Brad Griffin seconded. 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