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1996-07-08
To Seneca Falls To Auburn I - - y 1 .Y x" > 'y :{. h '�.61(t' 'The,:2 ; V...4 ,e% ..,....',.:.,,,r1:-. 1 A. 44f4ej 4 222424 ® • N of LANSING //may t4 4r yt ® `F � '4 ti *1144 4 al dc. " Nome of Industry, Agriculture and Scenic Beauty• " ytf as ‘),,j,%; V. e 7` 4,t` - r F 1% irx • W c \ aF 4 # 2 'x sf I� ® 3E S. it Town of Lansing v ` ' . '`= ', ORDINANCE DEPT. \ \ \ *`> .:.. Box 186 3 " Lansing, New York 14882 I � ' - To Ithaca t.fst.j : lii.. .:‘ ., n.. .,® "$ • t. " l� © � i 6 M e .M a' K. x. N 711. . . s ^ / �! 'Mv fi� { r Y�Se+ „,r4.,„< a.” R •,7 :,--08 ,96 V �S .1 f S Y. • ,, ,xh3 S Am iy i Lansing_T,own,Ha11 .,, noardaRoOnl M eettngitcalledrbf�� ` I Attendees: Agend1 1t.T icsk b 9 Y t fi. 3 zq >a 7 X30 8� OOPM ' , Open�Meehng A10n Minutes June Meetln " " 9 K _ 5 r i" ‘.4z .-...r. �'Y ( 4„' _ sc..23d .., - ,6„.,,,... ..moi t" '.iz ,..,.,;;..4a °• xx • xGeneral BUSll1eS6 s � � x r �� � �, 8 :00 P Vh Publlc Hearmg•3 Lot Subdlvlsionk(p/,oZ 1 33 .12)Y David Feene 'North 1,ansin School `Road' Y g Any,>othe'r Business thattpertams o planning etc. '° ys q� *•,$..:1.-,:p t ,ax c z. h", 1"N •, S �- TOWN OF LANSING Planning Board Monday, July 8 , 1996 ; 7 : 30pm PLANNING BOARD MEMBERS (*Denotes present) * Larry Sharpsteen, Chair * Jackie Baker * Viola Miller * Brad Griffin Lin Davidson * Al White * Robert Todd * Larry Tvaroha, Town Councilman * George Totman, Zoning and Code Enforcement Officer * Cheryl Nickel PUBLIC PRESENT Bob Walpole Walpole Real Estate 147 Main St. Groton Hubert Sharpe 353 N. Lansing School Rd . Groton Bernadine Sharpe 353 N. Lansing School Rd . Groton Sarah Thomson 823 Van Ostrand Rd . Groton Bob Kozlowski 115 W. Groton Rd. Groton • Brian H Grout 1073 Taughannock Blvd . Ithaca Larry Sharpsteen opened the meeting at 7 : 30pm Review of Minutes from June 24, 1996 Page One, Zoning Ordinance Review, Sixth Line - Brad Griffin corrected " . . . there are drawbacks, but. . . " Second Paragraph, Fifth and Tenth Line - correct sub straight to substrate. Page Two, Twenty-fifth Line - insert " . . . requires storm water management, . . . " Second Paragraph, Seventh Line - " . . . the runoff gets to. . . " Page Three, Sewer Committee, Second Paragraph, Eleventh Line - "Dave stated a letter. . . " Larry Sharpsteen made a motion to approve the minutes as corrected ; Lin Davidson seconded . VOTE : ALL IN FAVOR; MOTION CARRIED UNANIMOUSLY Review of Minutes from June 10, 1996 Brad Griffin made a motion to approve the minutes as submitted ; Robert Todd seconded. VOTE : ALL IN FAVOR; MOTION CARRIED UNANIMOUSLY General Business Marshall Volbrecht, 46 Drake Road, Tax Map #37. 1 - 7-3. 2 - George Totman explained he received a phone call from Marshall Volbrecht asking if a double wide trailer was considered a manufactured home. Mr. Volbrecht has intentions of putting trailers on his property with the idea of a double wide being a manufactured home, he would be allowed to put two additional trailers . If that was acceptable, he would then subdivide and put another double wide and two more trailers on the property. George wanted the Planning Board to be aware of this situation and has to get back to Mr. Volbrecht with an answer. Town of Lansing Planning Board Monday, June 24, 1996; 7:30pm Page 2 Sewer Committee - Larry Sharpsteen stated that Alan Cohen will be attending the Sewer Committee ' s next 111 meeting. Larry also commented that when Mr. Cohen found out Lansing was working on Sewage out, he made a pitch about all the spare capacity they have in the City of Ithaca. Viola commented that his whole attitude was completely different from anything they have heard in the past. Larry was looking forward to the meeting because any cooperation could be valuable, with a large section of the Town being in the area that would be more cost effective to pump to Ithaca than a new plant in Lansing. Larry Tvaroha claimed he spoke with Alan before the election and he promised to take our concerns to heart if he got elected and it seemed he was following up on it. Public Hearing, Feeney Subdivision , 319-327 N. Lansing School Road , Tax Map # 7. 1 -33 . 12 Larry Sharpsteen read the public notice, opened the public hearing at 8 : 00 p.m . , and invited questions from the public. Robert Walpole passed out property tax maps of the proposed subdivision and stated that William Phelps who resides at 331 N. Lansing School Road , tax map #7 . - 1 -33 . 13 , is in the process of purchasing lot # 1 . Mr. Phelps plans on straightening the boundary line by combining all parcels . Larry Sharpsteen explained this cannot be considered as part of this subdivision or public hearing.: Al White told • Robert Walpole he needed to advise Mr. Phelps that after the purchase of Lot # 1 , he needs to come back to the Planning Board and have the boundary adjustment made. • Robert Walpole had researched Robert Todd ' s question of a prior meeting, "Do all lots meet the site • distance by law?". Mr. Walpole stated that Gerald Stearns , county engineer, came out to the site on June 17 , 1996 , all three lots met the site distance by law. The only suggestion Mr. Stearns had was to move the driveway of lot 111 to the West if anyone was going to build on it. • Who is David Feeney? Robert Walpole responded that David Feeney is the owner of the complete parcel of 72 acres . Your action this evening only affects those three lots ? Any development on any of the additional land will require another permit? Larry Sharpsteen stated that was correct, it would require another subdivision . Larry Tvaroha corrected that only if it is divided or he does something on the land . Brian H . Grout explained he owned the adjacent property and received the letter dated June 28 , 1996 regarding the public hearing: He stated he spoke with several neighbors and property owners adjacent to the subject subdivision , and they were against the Planning Board approving the subdivision for a number of reasons . One reason being the short notice of the public hearing, only having two days before the long 4th of July holiday, they could not arrange for babysitters and could not be here, perhaps in representing sone of those people; he asked for a postponement or continuance in order for them to attend . Mr. Grout felt that three legal days notice was not enough time. Larry Sharpsteen stated this was not being rushed, this was the same amount of time any public hearing is required to have. Larry corrected Mr. Grout in stating that it was not five business days required , but five calendar days notice. George agreed. Larry felt as long as the developer has stayed within the guide lines set forth by the law, he did not think they could • postpone a public hearing just because some people could not make it, he didn ' t think they had any legal precedence to do that. George explained the only way is if something was not done legally, Mr. Feeney has gone through all the correct procedures. Viola agreed and added the only way a second public hearing could be held is if there has been a definite change in the original subdivision. If the subdivision is to comply with life safety, drainage and land use, what is land use? - Larry Sharpsteen responded that if a subdivision is in a zoned area, there is a consideration as to the proposed use is legal for that area. If it is not in a zoned area, the Planning Board cannot look at the purpose of its use. . Town of Lansing Planning Board re Monday, June 24, 1996; 7: 30pm Page 3 Was there an environment study done on the subject property? - Larry Sharpsteen stated yes, the short form SEQR was done and a negative declaration was found . Al White added on this particular area that is under consideration, it was well drained. Is that area in an Agricultural District and does it affect subdivision requirements ? - The buyers have to be notified that it is in an Ag District, and in the process of the SEQR it has to be noted . Robert Todd stated if the farmer has been receiving ag assessment, the seller has to pay back five years. Larry Sharpsteen expressed that the things the Planning Board is allowing to consider legally with respect to any subdivision are strictly those that are affected by the subdivision regulations, we are not allowed to consider subjective items such as personal preferences . George explained whenever someone comes in to apply for a subdivision, they have to follow all of the guide lines set forth in the subdivision rules and regulation booklet adopted by the Town of Lansing Planning Board and approved by the Town of Lansing Town Board . Larry Sharpsteen strongly reviewed that the developer has fulfilled the subdivision regulations as has the Code Enforcement Officer with issuance of notice to the Ithaca Journal and adjacent property owners . The Planning Board has no legal leg to stand on to give a continuance without being liable to action from the developer. Larry Sharpsteen made a motion to close the public hearing at 8 : 50 p. m . ; Lin Davidson seconded. VOTE : ALL IN FAVOR; MOTION CARRIED UNANIMOUSLY ® Brad Griffin commented that the only objection he understood was the procedural objection and didn ' t feel there was merit in that. Larry Sharpsteen agreed the objections were procedural and not of substance in regard to the subdivision regulations . AI White made a motion to approve the Feeney subdivision as presented . Robert Todd seconded . VOTE : ALL IN FAVOR; MOTION CARRIED UNANIMOUSLY Al White made a motion to adjourn this meeting; Lin Davidson seconded . VOTE : ALL IN FAVOR; MOTION CARRIED UNANIMOUSLY This meeting was closed at 8 : 55 p . m . Submitted by Sue Davenport It was agreed by the Planning Board there would be no meeting Monday, July 22, 1996. The next meeting is scheduled for Monday, August 12, 1996, at 7: 30 p. m . 0