HomeMy WebLinkAbout1995-10-23 TOWN OF LANSING
Planning Board
Monday, October 23, 1995; 7:30 p . m .
4111 PLANNING BOARD MEMBERS
(* Denotes present)
* Jackie Baker * Cheryl Nickel
* Lin Davidson * Larry Sharpsteen, Chair
* Brad Griffin * Robert Todd
* Viola Miller * Al White .
Larry Tvaroha, Town Councilman
* George Totman, Zoning and Code Enforcement Officer
PUBLIC PRESENT
William Albern Ithaca, NY
Three-Lot Subdivision, Novalane Subdivision, East Shore Drive
The Planning Board reviewed the SEQR and received a negative declaration. It was noted
that this subdivision is currently in the Agricultural District.
William Albern provided a draft of the covenants and restrictions for review by the Planning
Board . These restrictions as is will most likely be used by the three lots in this proposed
subdivision, as well as the remainder of the property to be developed at some point in the
® future.
Brad Griffin questioned a letter dated October 20 from Dave Herrick to Larry Sharpsteen in
which he stated that it is his understanding that the future owners of lots 15 - 17 will be
entirely responsible for the maintenance of the ditches and culverts, and that Pete Larson is
also in agreement with this stipulation. Brad question Mr. Albern whether the current
owners agree to this stipulation; to which Mr. Albern responded that the owners do agree.
Mr. Albern referred the board members to covenant #7, which basically restate this issue.
Brad Griffin questioned #3 of the covenants, which exempted the two lots along Route 34
from the drainage restrictions. Mr. Albern clarified that one of the earlier sketch plans had
the lot numbers beginning with the lots closest to Route 34, but the most recent version of
the plan has the three lakefront lots as 1, 2, and 3. Brad wanted verification that the town
wouldn't be responsible for the drainage on the remainder of the lots as well. Mr. Albern
stated that the only lots that the town will be exempt from maintaining the drainage on are
lots 1, 2, and 3, because they will be on private property. The road drainage on the
remainder of the property, now and once developed, will be the responsibility of the town
because the drainage will fall along a dedicated road. He clarified that Pete Larson didn't
want the Town to have to go onto private property in order to maintain a drainage ditch, but
he will take care of the drainage along the roadway. Lin Davidson was concerned that the
Town not be held responsible if, for example, a homeowner had water in their basement but
the drainage ditch had been properly maintained by the Town. Viola Miller steered this
discussion back to the three-lot subdivision being proposed. Larry Sharpsteen suggested that
1011 further discussion on the remainder of this proposal be continued after review of the three-
lot subdivision.
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Monday, October 23, 1995
Larry Sharpsteen asked whether the developers would consider a possible easement for a
future road along those three lots to potentially connect with Reach Run. Mr. Albern stated
that he would approach the developers to get their reaction, but he didn' t think it would be
feasible to connect to Reach Run because of the deep gulley between the developments . The
Planning Board would like to have Dave Herrick evaluate the potential for a future
connecting road and report back as to its feasibility.
Lin Davidson made a motion to approve the preliminary plat for this three-lot subdivision;
Al White seconded. VOTE: ALL IN FAVOR; MOTION CARRIED UNANIMOUSLY
A public hearing is scheduled for Monday, November 13, 1995, at 8:00 p . m.
Continuation of Discussion of Potential Development of Remainder of Parcel - Mr. Albern didn't
feel that the developers would pursue the development of this parcel in the immediate
future. Larry Sharpsteen warned Mr. Albern that it is likely that the majority of the.._
questions at the upcoming public hearing will be focused on the plans for the upper parcel.
When he opens the public hearing, Larry will clearly state that the meeting is regarding the
three-lot subdivision only. If Mr. Albern wishes to answer questions regarding the upper
parcel, he can do that after all questions relevant to the three-lot subdivision have been
answered .
Al White questioned the location of the culverts and whether their size would be sufficient to
handle the runoff. Mr. Albern stated that the two 36" culverts will be more than enough to
handle the runoff. The technology and techniques used now for erosion control are much
more efficient than in the past which will help the runoff.
Cheryl Nickel was concerned that the covenants and restrictions presented by Mr. Albern
aren't legally binding to the potential lots in the upper parcel. Larry stated that these
restrictions are not legally binding, but do signify an intent by the developer. Anyone
coming back before the Planning Board to develop these lots would basically have to begin
this process all over again, whether it is the current developers or new owners. The deed
restrictions do have the potential to change.
George Totman was concerned that if all the neighbors show up there won't be enough room
in the board room. Viola stated that there are only a few adjacent landowners that should
have been officially been notified. George responded that he specifically asked the Planning
Board as to whether or not they would like all the adjacent property owners notified of the
upcoming public hearing, to which everyone agreed that it would be important to invite
them all. Viola strongly recommended that the Planning Board be careful not to answer any
questions about the upper parcel.
Brad questioned that if covenants and deed restrictions are submitted with an application for
a subdivision, would they be likely to become focus points of a public hearing. George
Totman responded that covenants and deed restrictions are nice to have, but the Town
cannot enforce them. Questions regarding the deed restrictions should be directed to the
owners.
OTHER BUSINESS
II
Subdivisions - Larry Sharpsteen wanted clarification from the other Planning Board members
as to the way the number of lots are considered in a proposed subdivision. It was agreed
that if an landowner proposes to divide off one lot from their main parcel, while retaining
r
! a
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Monday, October 23, 1995
IIII the remainder, that is considered a one-lot subdivision, not a two-lot subdivision. George
Totman stated that when the subdivision is filed at the County Clerk's office, the above
example would be considered a two-lot subdivision because it is creating two tax parcel
numbers.
Mobile Homes - Reporting back from the Planning Federation meeting, Jackie Baker indicated
that she had spoken with representatives from the manufactured homes industry. She was
told that 28 percent of the homes today are manufactured, and they become permanent
homes not ones that are moved around . The town would be violating the state law if they
preclude them from any certain areas . They can be handled with proper setbacks, minimum
square footage, how the homes are installed, and minimum lot requirements. George stated
that he had spoken with the lawyers that were at the same meeting about this statement
from the manufactured homes representatives. The lawyers stated that that statement was
not true. George stated that there is a definition of a mobile home in the New York State
Uniform Building Code. According to the definition, a mobile home is a mobile home
whether or not it is on a foundation or not. The same is true for a doublewide mobile home.
Larry pointed out a statement made by George previously that what makes a mobile home
mobile is that the frame is not removed. Larry stated that current legislation is proposing
that the definition be revised since it is no longer considered cost effective for the transporter
frames for modulars to be reused . The manufacturers are redesigning their homes so that the
frames stay under all of the homes . Larry stated that once the Planning Board has had an
opportunity to review the maps, and take into consideration the Site Plan Review and other
tools under the new zoning regulations, they may allow what the Building Code describes as
di a mobile home in more areas than just the Rural-Agriculture District in more than single
sitings.
Larry Sharpsteen suggested inviting the manufactured home representatives to attend one of
the Planning Board meetings to provide information regarding the design and construction of
their homes.
Site Plan Review - The Planning Board began their review of the existing Site Plan Review.
Robert Todd wanted to clarify his understanding of the use of Site Plan Review. He
understood it to be used to determine how something will look in a certain area, and not
whether or not it will be allowed or not. Others agreed. Larry stated that tonight's
discussion is to share ideas and thoughts and then to present them to Tom Niederkorn for
him to try to fine time. Robert stated that the original Site Plan Review was developed
before zoning was in place. He suggested that Tom take another look at this and provide the
Planning Board with a revised version to include references to zoning. Larry stated that it
was his recommendation that the Planning Board review this version first before Tom looks
at it again so that the Board members can become more familiar and to try to eliminate a
double review process. The majority of the Board members felt that it would be more useful
to have Tom clean this version up before they continue their review.
Agenda Item for Next Meeting - The Planning Board will be continuing to review the R1
District and working on applying Schedule I to the maps .
a Robert Todd made a motion to adjourn the meeting; Cheryl Nickel seconded . VOTE: ALL
IN FAVOR; MOTION CARRIED UNANIMOUSLY
This meeting was dosed at 9 :35 p .m. Submitted by Michelle Eastman
The next meeting is scheduled for Monday, November 13, 1995, at 7:30 p. m .