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HomeMy WebLinkAbout1996-09-09 Pr " To Seneca Palk To Auburn I - - k ^ n44t „sz • r P ` ' s � TOWN of LANSING 1 v c .. _ l F �xIs tit4 e v d t in t,,,, ,",„ . 444 u `�f ' Home: , ,. Ilk of Industry, Agriculture and Scenic Beauty ” E T'' 1 tlYTi' k' 7' ' • 6 /�Il' 1r-6,-::it u. ^ c4 �,� � 3a il T'�yl z$S r l' >�?c } * * The 8 / 26 / 96 meeting was adjourned to Al f 7 : 00am on 9 / 8 / 96 at Bakers Acres , Tea Room 3 Town of Lansing " W. x ORDINANCE DEPT. � ‘ 1/4 f...1/4„1/41 ` w Box 186 42 Lansing, New York 14882 I � °t'- "f To Ithaca 1 ® yr xo k - o x Lakn � � n zca tT 9 r 14111>4 kw ® Ya P In%%n a i d eik e tin it3r! a S , a `+ � L : E" i. s 0 A3 , A. gn, t. .. 1 " 1111 9 9 '96 -' 30 PM L• ansing:TownHall,. • B'oard„•Rooms Meetingcalledtiby, Attendees: Agenda topics 7:30 PMSa ' ®pen Meeting Approve Minutes = August Meeting "Sind 4@x 1 i GeneralkBusiness d 4z l k. Reviewtt, roposed, Modifiation Draft'ofTown ,of- Lansing k a1 ; r - _ Zoiuna"ordinance , ' ,,t k Any othersBusinessithat-pertains to planning etc • 1 1 TOWN OF LANSING Planning Board Monday, September 9, 1996 ; 7 : 30pm PLANNING BOARD MEMBERS ( * Denotes present) Larry Sharpsteen, Chair * Jackie Baker * Viola Miller Brad Griffin Lin Davidson * Al White * Robert Todd Cheryl Nickel * Larry Tvaroha, Town Councilman * George Totman, Zoning and Code Enforcement Officer Larry Sharpsteen opened the meeting at 7 : 32pm . Review of Minutes from Meeting held August 26, 1996 Page Two, First Paragraph, Last Line - Lin Davidson corrected " . . . wondered if the Planning Board should . . . " Page Three, First Paragraph, Line Four - Al White corrected " . . . site plan review as presented , . . " Second Paragraph, Eighteenth Line - delete from Al stated . . . to end of paragraph. Page Four, Fifth Paragraph, First Line - Viola Miller corrected " . . . been flexible in their . . . " Viola made a motion to approve the minutes as corrected; Al White seconded . VOTE : ALL IN FAVOR; MOTION CARRIED UNANIMOUSLY GENERAL BUSINESS Viola Miller reported that she, Jackie and Brad were going to the NYS Planning Association Seminar in Syracuse at the end of the month if anyone else was interested in going . Al White wanted to make a motion that the Planning Board owed Jackie Baker more than just a thank you for her hospitality on Sunday . Al also stated that everyone was rested and he felt they were able to get a lot of work done . George Totman suggested the Planning Board should reimburse Jackie for the photocopying that was done . Larry Sharpsteen agreed and a voucher would be prepared. ZONING ORDINANCE REVIEW Article III - Definitions 300. 53 Landscaping, Landscaped 11111 Al White felt they should take a closer look at the definition of landscaping. Larry Sharpsteen • Town of Lansing Planning Board Monday, September 9, 1996; 7: 30pm Page 2 suggested changing addition to use of lawns . It was agreed to change the description of landscaping to read; The use of lawns, trees, plants or other natural decorative features. Period after features, eliminate to land. Article V - District Regulations and Schedules Section 503 Schedule I : Schedule of Land Uses or Activities , Town of Lansing D . Industrial Research Uses 8 . Truck or motor freight terminal After careful discussion regarding 802. 17, it was agreed to change SC * under B2 to N and SP under IR to SC Article VIII - Special Conditions and Special Use Permits Larry Sharpsteen wanted to go on record as stating he opposed 802 . 2-Dwelling, Mobile Home in R1 and R2 Districts . Larry felt this was too restrictive, there were certain conditions that should be allowed in Rl and R2 . Viola Miller recommended the Planning Board at a later date thoroughly go over Mobile Homes and that they should bring this the Town Board ' s attention . 802 . 9 Residential (Home) Business or Occupation in R1 , R2 , B2 and IR District c . Viola asked if this could be made more positive and clearer? Larry suggested possibly off-street parking is limited to three cars, with no parking in the street . Larry Tvaroha recommended instead of describing the type of sign in detail , just to state it must comply with the Town ' s Sign Ordinance . It was agreed to have Tom Neiderkorn make 802. 9 more positive and clearer and change the last sentence to read; must comply with the Lansing Sign Ordinance. 802. 13 Commercial Recreation d . Al White recommended removing and in parking areas . Larry Sharpsteen agreed it would be difficult to get business to landscape in parking lots. • Town of Lansing Planning Board Monday, September 9, 1996; 7: 30pm Page 3 It was agreed to eliminate and in parking areas. 802 . 14 Motel ; Hotel in RA, B2 and IR Districts d . It was agreed to eliminate and in parking areas. 802 . 15 Restaurant, Tavern b . It was agreed to eliminate and in parking areas. 802 . 16 "Mini" Commercial Warehouse for Self-Storage b . • It was agreed to eliminate and in parking areas. 802 . 17 New and Used Car Sales , Service and Repair Viola wondered if there would be any Motor Freight Terminal in the B2 District? Larry Sharpsteen stated B2 was only six acres or so , and suggested taking it out now and if they wanted to change it later or the Town Board didn ' t agree, they could change it back . It was agreed to take out Truck and Motor Freight Terminals in B2 District. a . Larry Tvaroha questioned for Truck and Motor Terminals would 30 feet be wide enough for an access drive for trucks? It was agreed to change 30 feet to 60 feet for Truck or Motor Freight Terminal and 35 feet for others and are clearly defined. b. It was agreed to eliminate and in parking areas. • 802 .20 Sign/Billboard in All Districts Town of Lansing Planning Board Monday, September 9, 1996; 7: 30pm Page 4 411 Lin Davidson questioned whether the Lansing Sign Ordinance was a Law or Ordinance . It was agreed to change Law to Ordinance. 803 .2 . 1 Site Plan Approval Larry Tvaroha asked what a timely manner was ? Al White recommended taking out in a timely manner. It was agreed to take out in a timely manner by the Code Enforcement Officer. 803 .2. 5 Vehicular Fuel and Service a . Larry Tvaroha wondered if the word adequate had been defined? Al White and Viola Miller didn ' t feel is was necessary to keep it in. It was agreed to take out the word adequate, the sentence would read; A buffer strip for the facility is provided between such use and any existing abutting residence. • Article IX - Parking and Loading 901 . 5 Parking Area Lighting Viola Miller suggested changing the description of the type of lighting used . Larry Sharpsteen and Larry Tvaroha believed it was called directional lighting. It was agreed to use the correct terminology for directional lighting. Article XI - Administration 1102 .0 Health Department Requirements George Totman pointed out a spelling error, issue should be issued . It was agreed to change issue to issued. Article XII - Appeals 1200.0 Board of Appeals Robert Todd pointed out that Zoning should appear before the Board of Appeals . Town of Lansing Planning Board Monday, September 9, 1996; 7: 30pm Page 5 It was agreed that Zoning should be inserted before the Board of Appeals throughout Article XII Viola Miller suggested creating an Ordinance for Boats , particularly in Junkyards . Viola questioned if Boats xvere in the definition? It was agreed it should be discussed and taken care of at a later date . Viola Miller made a motion to adjourn this meeting . Lin Davidson seconded . VOTE ; ALL IN FAVOR ; MOTION CARRIED UNANIMOUSLY This meeting was adjourned at 9 : 50pm . Submitted by Sue Davenport The next meeting is scheduled for Monday, October 14, 1996 at 7: 30pm. S TOWN OF LANSING Planning Board Sunday , September 8 , 1996 ; 7 : 00am PLANNING BOARD MEMBERS (* Denotes present) * Larry Sharpsteen , Chair * Jackie Baker * Viola Miller * Brad Griffin * Lin Davidson * Al White * Robert Todd * Cheryl Nickel Larry Tvaroha, Town Councilman * George Totman, Zoning and Code Enforcement Officer Larry Sharpsteen opened the meeting at 7 : 25am . GENERAL BUSINESS Viola Miller reported she had talked with Jeannine Kirby, and Cargill received their permit to expand . Jeannine also had a very satisfactory meeting with Senator Seward, he is working on getting some kind of funding or Grant to help with sewer. Larry Sharpsteen stated Cargill would contribute to the cost of building the facility . The Sewer project was progressing very well, they were looking at a cost of 7 . 7 million dollars for the initial project. Larry also stated the DEC has given Cargill the permit to discharge into the lake . ZONING ORDINANCE REVIEW Article III - Definitions Robert Todd agreed with Viola Miller in putting the definitions at the end . Robert stated he would like to open the Ordinance and see Section 503 . Larry Sharpsteen stated by moving Article III - Definitions of the Ordinance to the first section of the appendix it would not make the Ordinance too overwhelming by opening it up to 15 pages of definitions . • Robert Todd made a motion to move Article III - Definitions into the appendix area of the • document. Lin Davidson seconded. VOTE: ALL IN FAVOR; MOTION CARRIED UNANIMOUSLY 300. 1 Adult Book/Novelty Store ® Lin Davidson questioned the 50 lineal feet of shelving space. Larry Sharpsteen explained that less than 50 lineal feet it would be considered a grocery-convenient store and if 50 feet or more Town of Lansing Planning Board Sunday, September 8, 1996; 7: 00am Page 2 • would be an Adult Book/Novelty Store, they were only drawing a line to define a place who ' s major business is that . It was agreed to leave definition as is. 300 .3 Agriculture Lin Davidson questioned what was considered agricultural products ? Larry Sharpsteen suggested adding such as , but not limited to . It was agreed to change the definition to read The production . . . such as, but not limited to crops, plants . . . to such activity. 300 . 13 Building Height Brad Griffin asked if this could be simplified? George stated it came right from the State codes . It was agreed to use the old definition. Brad Griffin read the old definition as Building Height- vertical distance from finished grade to the highest midpoint of a pitched roof On a hillside lot, finished grade should be considered as the average finished grade on the uphill side of the structure. Larry Sharpsteen wondered if the Building Height of 35 feet should be changed for multi- dwellings and office structures ? Robert Todd felt that was a good idea, 15 -20 years from now, especially in South Lansing , with sewer and higher concentration it would be a more efficient use of space to have taller buildings . Larry Sharpsteen suggested in the Ordinance where the height limitation reads, the Planning Board should make a note to talk with the Town Board about changing that under certain circumstances . 300 . 18 Cellar Viola Miller questioned the last sentence, a cellar shall not be used as a dwelling unit. Cheryl Nickel stated a cellar was different than a basement. George explained this was in the building codes and the last sentence was not necessary. • It was agreed to take out the last sentence, A cellar shall not be used as a dwelling unit and shall not be considered in determining the permissible number of stories. 300.24 Community Residence, State Required Brad Griffin asked if this included the Division for Youth Facility? • Town of Lansing Planning Board 41) Sunday, September 8, 1996; 7: 00am Page 3 It was agreed that this section was not intended to include the Gossett Center or the Residential Center, the Division for Youth Facilities. 300 .32 Dwelling, Factory Manufactured Viola Miller felt the last sentence was not necessary . George stated the definitions of mobile homes and manufactured homes are still in the courts, he suggested removing the last sentence . It was agreed to take out the last sentence, For purposes of this Ordinance a mobile home is not considered to be a Factory Manufactured Dwelling 300.33 Dwelling, Mobile Home Larry Sharpsteen felt that this might be inconsistent with the State definitions . George stated again the definitions of Mobile Homes, Manufactured or Modular Homes are still in the courts, he suggested changing this section to as defined by New York State and HUD regulations . Viola Miller agreed not to try and define it. It was agreed to change the definition to As defined by NYS and HUD regulations. 300.49 Junkyard Al White felt the new definition was too lengthy . George stated the town has its own Junkyard Ordinance . Robert Todd reminded that this was just a definition not the actual rules and regulations . It was agreed to use the old definition. 300 . 57 Lot, Corner Brad Griffin felt a corner lot was a corner lot no matter what the interior angle was . It was agreed to put a period after same road and take out that form an interior angle of less than 115 degrees. 300.60 Lot, Flag Viola questioned the wording in this definition. George stated it was in the Subdivision Rules and Regulations, one correction would be to change the 30 feet wide to 20 feet wide . ® It was agreed to have this definition read the same as what is in the Subdivision Rules and Regulations. Town of Lansing Planning Board Sunday, September 8, 1996; 7: 00am Page 4110 * *It was also agreed to make a note to Tom Neiderkorn to make sure definitions do not conflict with the Subdivision Rules and Regulations, i. e. , 300. 60. Where possible, use the definitions given in the Subdivision Rules and Regulations. 300 . 82 Roads , Private Al White felt that- the definition of lot meant two different tax map parcels . Larry suggested taking out lots and replacing it with residences owned by unrelated parties . It was agreed to take out lots and the definition read; A vehicular way used to provide access to two or more residences owned by unrelated parties and meeting the provisions of Sec 704 of this Ordinance. 300 .90 Sign - Outdoor Advertising Billboard Viola pointed out a spelling error. It was agreed to change the first sentence, change and outdoor advertising to an outdoor advertising. • Article IV - Land Use Control Areas 400 .0 Districts Robert Todd pointed out that District RA should read Rural Agriculture . It was agreed to change Rural Residential to Rural Agriculture. 401 .3 Determination of Boundaries George Totman asked that in the last sentence, the word Lansing be changed to given . It was agreed to change the word Lansing to given in the last sentence. 402.6 Industrial-Research (IR) District Brad Griffin suggested adding mining to this section. Lin Davidson stated that NYSEG was listed in Schedule I and felt it should be added to this section also . It was agreed to change the first sentence to read the intent of the IR District is to designate areas where some form of mining, power generation public utilities, light manufacturing, . . . ID desired land use. Town of Lansing Planning Board 111 Sunday, September 8, 1996; 7: 00am Page 5 Article V - District Regulations and Schedules Section 503 Schedule I : Schedule of Land Uses or Activities , Town of Lansing Lin Davidson asked that if Column 8 -References could be referenced easier, i . e . , B1 refers to 802 . 1 and R2 refers to 706 . Viola suggested eliminating Column 8 and add the reference numbers in the appropriate columns . It was agreed to eliminate Column 8 and make Columns 1 through 6 wider to include the reference number. C. Business Uses Cheryl Nickel pointed out at the top ofpage 4, Column 4 and Column 5, Commercial-General Business and Commercial-Mixed Use got switched around. Section 504 Schedule II : Area, Frontage, Yard , Height and Coverage Requirements Maximum Building Height ® Robert Todd pointed out the maximum building height should be changed in B1 -Commercial and IR-Industrial Research. Larry Sharpsteen suggested changing the height limit. Viola recommended leaving it out. Al White agreed in changing it to none, they have to come in for site plan review. Al White made a motion to change BI and IR maximum building height to none. Brad Griffin seconded. VOTE: ALL IN FAVOR; MOTION CARRIED UNANIMOUSLY Minimum Yard Setback Viola felt the minimum yard setback for B1 , B2 and IR should be site plan review. Everyone agreed after careful discussion. Al White made a motion to take Front, Side and Rear minimum yard setback for BI, B2 and IR and change them to site plan review. Viola Miller seconded. VOTE: ALL IN FAVOR; MOTION CARRIED UNANIMOUSLY Notes Lin Davidson made a motion to strike 3 in the last column labeled notes from BI and B2 but to ® leave it in R2 because of multi-dwellings. Viola Miller seconded VOTE: ALL IN FAVOR; MOTION CARRIED UNANIMOUSLY • Town of Lansing Planning Board Sunday, September 8, 1996; 7: 00am Page 61110 It was also agreed in the last column to strike all 2 's and 6 's. Notes for Schedule II 2 . Al White felt that in 2 , the Planning Board was settinu the limits but if you went down to 7 , it states the Tompkins County Health Department requirements are to be used. It was agreed to take out 2. Maximum required lot . . . 90, 000 sq. ft. 3 . It was agreed to change 3. Maximum to Minimum. 5. Viola questioned 5 , what is an RS District? Larry stated he thought it was a typographical error . It was agreed in the second sentence, put a comma after lots, cross out in the RS District. The • sentence should read: For other lots, front yards are facing the access road. 6 . Robert Todd questioned as to why 6 was even in there . It was agreed to take out 6. 8 . George felt in 8 , right-of-way should be taken out because the parcel had to be owned . It was agreed to change right-of-way to road frontage. Article VI - General Provision 600.8 Excavations Larry Sharpsteen stated excavations were covered within the building codes . It was agreed to take out 600. 8 Excavations. • Town of Lansing Planning Board Sunday, September q 1996; 7: OOarn Page 7 Article VII - Supplementary Regulations 700 . 0 Intent 700 . 1 Viola felt that in the very first sentence under Intent, it should specifically state what laws have to be followed . Brad stated they were the New York State Environmental Quality Review Act and the National Flood Insurance Program . It was agreed to put a period after Lansing, take out by and add a second sentence. Some items not specifically mentioned are already covered by existing Federal, State and Local Laws. (i. e. NYSEQRA and NFIP) 700 . 1 It was agreed to take out 700. 1 700 .2 It was agreed to take out the word environmental. 700.3 It was agreed to take out the word environmental. 701 . 1 . 1 Brad Griffin questioned from time to time by the Town Board . Viola stated that the Town Board should not be in there , it was governed by Sate Laws . It was agreed to put a period after designated and take out from time to time by the Town Board. It was also agreed to take out the word environmentally. 701 . 1 .3 Al White stated the purpose already described in 701 . 1 . The Planning Board didn ' t feel this needed to be included, it was already stated elsewhere . It was agreed to take out 701 . 1 . 3 ® 701 .4. 1 Applicability Town of Lansing Planning Board Sunday, September 8, 1996; 7: 00am Page 8 b . Brad Griffin felt it b . should be taken out, it would end up creating a special district. George agreed . Cheryl felt site plan review was a necessity . Robert Todd made a motion to take out 701 . 4. 1 . Al While seconded. VOTE: FIVE IN FAVOR, CHERYL NICKEL AND VIOLA MILLER OPPOSED. MOTION CARRIED 701 . 4 . 2 Standards for Site Plan Review a . Brad Griffin pointed out that determined should be changed to permitted . Cheryl Nickel wanted to add egress driveways and parking . Cheryl Nickel made a motion to add parking to the RA District. Viola Miller seconded. VOTE: ALL IN FAVOR; MOTION CARRIED UNANIMOUSLY (Robert Todd and Al White abstained) 701 . 4 .3 Review Procedure 41/ b . Brad questioned the Planning Board may hold a public hearing . It was agreed to change may to shall. 701 . 5 Standards for Site Plan Review in Districts other than Rural Agricultural 701 . 5 . 1 Viola noticed a spelling error. Extend should be changed to extent. 701 . 5 .6 • It was agreed to add Site Lighting. 701 .6 Site Plan Review Procedure in Districts other than Rural Agriculture It was agreed to take out 701 . 6, it is a duplicate of 701 . 5. Town of Lansing Planning Board ® Sunday, September 8, 1996; 7: 00am Page 9 701 . 6 . 1 It was agreed to change 701 . 6. 1 to 7. 1 . 5. 7 and 7. 1 . 62 to 701 . 5. 8. 701 . 6 .2 Site Plan Requirements u Brad explained the Federal Emergency Management Agency was called the National Flood Insurance Program . It was agreed to change Federal Emergency Management Agency to National Flood Insurance Program. h . Brad Griffin suggested the Planning Board designate the critical natural areas, there is importance in recognizing these areas for the Board ' s protection along with the applicant ' s . Larry Sharpsteen agreed in taking out wetland because that was defined in SEQR. Cheryl Nickel ® stated the Planning Board should take a careful look at the critical areas . Robert Todd made a motion to delete h. Al White seconded. VOTE: TWO IN FA VOR; CHERYL NICKEL, VIOLA MILLER, LIN DAVIDSON, BRAD GRIFFIN, JACOBA BAKER OPPOSED; MOTION DENIED Brad Griffin made a motion to change h to read The location of any areas either recognized or designated by the Town of Lansing Planning Board as critical natural areas. Viola Miller seconded . VOTE : SIX IN FAVOR, ROBERT TODD OPPOSED ; MOTION CARRIED 702 . 0 Flood Plains 701 . 1 Location Brad pointed out that the flood plain maps were from the National Flood Insurance Program . It was agreed to put a period after maps and change the sentence to read; Flood plain areas are so designated on NFIP flood plain maps. 702.2 .2 Conditions Al White stated that 702 .2 .2 , 702 . 2 . 3 and 702 .2 .4 were all engineering and building code considerations. Town of Lansing Planning Board Sunday, ,September 8, 1996; 7: 00am Page 10 Al White made a motion to take out 702. 2. 2, 702. 2. 3 and 702. 2. 4. Viola Miller seconded. VOTE: ALL IN FAVOR; MOTION CARRIED UNANIMOUSLY 703 . 0 Private Roads Brad Griffin suggested putting a period after Article 24 in the fifth line down . It was agreed to put a period after Article 24 in the fifth line and take out of the State Environmental Conservation Law and applicable regulations of the Town of Lansing and the U. S. Army Corps of Engineers. Article XII - Appeals George questioned the changes on Board of Appeals because the State sets the rules . Larry Sharpsteen recalls telling him to stick with the State Regulations and suggests just to reference them . Al White did not feel everything needed to be listed and 1200 . 1 -Creation was sufficient . Viola Miller added that copies of the State Laws would have to be available with the Ordinance . It was agreed to eliminate everything except 1200. 1 - Creation to read There is hereby established a Zoning Board of Appeals which shall function in a manner prescribed by the section of Town111 Law of the State of New York as it relates to the Zoning Board of Appeals. Larry Sharpsteen asked that a resolution be filed to thank Jacoba Baker for her generosity today in the use of Baker ' s Acres Tea Room and the nice meal provided . • This meeting was adjourned at 1 : 1 Opm . Submitted by Sue Davenport The next meeting is scheduled for Monday, September 9, 1996, at 7: 30pm.