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HomeMy WebLinkAbout1996-11-11 _ To Seneca Falls To Auburn 'V ' ' ` -: . � -' ' " T ® VW N o f LANSING d � `�7` ,y " " ' i , c < .aq� " Nome of Industry Agriculture and Scenic Beauty Ss p a� Y .. V t -a 4 T, ^ I • 3 • Town of Lansing � ; z . . ORDINANCE DEPT. ' I Box 186 ' cP 4.' x `€ Lansing, New Y • ork 14882 � ��� To Ithaca . 1 . y a FP ^t"' x r e5k� i 1 { � { 5 § f F *� • :;uyt� t:-.,:.4.1.A.„,,,S "E 2 x`' }sa : r r -,..,•• ..\. YS x as -�� ' dsx ✓ Y . is� tis 24 «by r + ir 'r ` Sze `3h :s P"fi 4 i S ., t yY A € t. y 1q�Ex. 3 �'Y . `�Z- - %' f�2 .iiv £ .. -, yr e e a<' ff y $ r } "5 �n v ®fiafc. t } i .rte v .�. 1 � r v .+z> ''$bE� - �£� �� " ,,w : � � �, €,.. �w3-•4v�m '' d x wy„E�fSp '+ - art• Y 5 4 � : Y 5� � R ® \ t ,,„. ( 3 ' • $ ilk". � td' , - . 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Approve Mmute"s of T0114 _ : 4 % , dY i " % E • . :I • 8 :0 •0 PM'% Proposed One Flag Lot`Subdrvsion Tax�lvlap # 39," 120 . 63 ' ,is 95 Farre115Road M•aryYHarper jr I" y s a 3, r • > d W Yid.. 7 9v Y -e £(3 Any other business that mayreome to,the,(Boards attentron ° � .e• e £ --VAC. a V`:,:` ,;$;(014;;;" 5}".14-:%.1 % t .79,5€ � iSGx '0£5'iy " `� % GY;p ""` kt •Aq+.. L.a tea ' Y v. • xra**41f*x`"4'3 'ggu" * +" S k5¢ T,, K)4 s° - .. , --fir . , r _, v; . - �,. , . .. , - - ...� ss , ,. .;.v/.L� ,. _ _ .,,- ... . ,e4"7 5 � � ..,,:w, ' T TOWN OF LANSING Planning Board Monday, November 11 , 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 PUBLIC PRESENT Matthew Shulman, Publisher Lansing Community News Mary Harper Cheryl Nickel 1111 Robert Todd opened the meeting at 7 : 35 p .m. Review of Minutes from Meeting held October 14 , 1996 Page Four, First Paragraph, Line Seven - Sue Davenport corrected "Cheryl stated she needed to dissent on that issue." Larry Sharpsteen noted that on page four, 701 . 5 .2 Erosion Control, there is a State Law that went into effect in 1992 administered by the DEC to address erosion in any subdivision during construction. Larry attended the Sediment and Erosion Control Workshop on November 4, 1996 and stated he ordered a set of books that contains a model ordinance. A separate SPDES permit would have to be applied for that disturbs five or more acres at the time of construction. Al White wondered if it pertained to a farmer' s forty acre field that was plowed or the construction of a drainage ditch? Larry responded there are right to farm laws that apply to agricultural activities . Robert Todd suggested that George Totman look into this issue . Brad Griffin made a motion to approve the minutes as corrected ; Lin Davidson seconded. VOTE : ALL IN FAVOR; MOTION CARRIED UNANIMOUSLY GENERAL BUSINESS ak Larry Sharpsteen announced there will be a workshop on Securing a Future for Agriculture in Tompkins County on Saturday, November 23 , 1996 from 9 : 30 to 3 : 30 at the Ramada Inn Airport. Registration is $ 10 . 00 to cover the luncheon and program expenses . Town of Lansing Planning Board Monday, November 11, 1996 Page 2 Lin Davidson reported on the Waterfront Development Committee. Lin stated Jeannine Kirby attended the meeting and was going talk with Brad Griffin regarding the Portland Point issue, it' s acquisition and what needed to be done . Kevin Millington, New York State ' s Coastal Resources Specialist from Albany attended the meeting, reviewed the application that the Committee had submitted, and felt they had done a wonderful job on it. The focus was on scenic byways for Lansing and Lin felt the Town' s Local Codes and Ordinance should not run in opposition to them. George Totman distributed the three-lot subdivision map of Novalane Subdivision, East Shore Drive, Tax Map #36 .- 1 - 17 . George wanted the Planning Board to be aware that Terry Hammond, developer of Novalane, is asking to take 20 feet off of the first lot to create a strip 330 feet long leading to steps to go down to the lake. Mr. Hammond will retain ownership of that tract of land for insurance purposes for access to the lake from the other parcels or lots Sold such as Eastlake Development and Lakewatch have done. George stated Mr. Hammond will be approaching the Planning Board with his request in the near future. SUBDIVISION/ FLAGLOT, Mary Harper, 95 Farrell Road, Tax Map #39 .-1 -20.63 IP Mary Harper appeared before the Planning Board requesting a one-lot subdivision/flaglot on Farrell Road owned in common by Ms . Harper' s brother Paul N. Lee and her father Philip M. Lee. George Totman explained that Ms. Harper' s parents, Philip and Faye Lee, would like to build their retirement home on the smaller two-acre parcel . The Planning Board reviewed the SEQR and received a negative declaration. Al White stated that this subdivision request meets all subdivision rules and regulations for the Town of Lansing, and moved to accept it as presented and schedule a public hearing; Brad Griffin seconded. VOTE: ALL IN FAVOR; MOTION CARRIED UNANIMOUSLY A public hearing was scheduled for Monday, December 9, 1996, at 8:00 p. m. ZONING ORDINANCE REVIEW Larry Sharpsteen stated that Brad Griffin and Lin Davidson were to work on a new definition for critical natural areas in the Zoning Ordinance . Lin Davidson stated that Brad had a new definition for critical natural areas and asked if he would read it at this time. Brad Griffin requested from Jim Hansen' s office and received a copy of the Unique Natural Area 's Inventory of Tompkins County. Brad explained that according to this book, the Town of Lansing has a total 1111 of 33 sites of which about half of them are already on the wetland map . After great consultation with Lin, Brad suggested rephrasing 701 . 6.2 (h) to ; The location of any areas listed in the Town of Lansing Planning Board Monday, November 11, 1996 Page 3 Unique Natural Area 's Inventory of Tompkins County. Jackie Baker asked if there was a date this was published and suggested adding it to the sentence . Brad responded it was published in 1990 . Robert Todd expressed he was totally opposed to it, he felt it was unnecessary and thought it to be a takings . Brad stated there was no more regulatory trigger, action or linkage in this than any of the other items in the ordinance such as location of land uses or storm water drainage . Robert asked Brad if he agreed it was a designation? Brad responded according the County ' s inventory, it could be called a designation. Larry Sharpsteen stated that it already exists, he understood what Robert was saying and agreed to a certain extent because it leaves it open for a future Board, and suggested to add wording to include some sort of disclaimer. Brad didn' t feel they needed any qualifiers after a lot of items, they were judgement calls . George agreed with Larry that five years down the road with a different Planning Board, they could use this to stop the whole project. Larry felt if they used the Natural Area 's Inventory as a guide or resource, he didn ' t believe it should be put in there as a tool for some future Board to stall or cease development. Al White felt the term land use should be used instead of development. Robert felt the wetlands were a good example of what he was saying, the State and Federal wetland laws have already caused people incredible hassles from bureaucrats when they are trying to do something with their own property . Many of the wetland definitions are not set in stone and felt people have had the ability to use their land taken away by the wetland laws. Brad responded that the wetland issue itself is complicated in law in that it' s the only example of law that both the Federal and State have set hurdles to go through. Brad stated there have been errors made in mapping wetlands which are subject to correction periodically, but feels there has been a lot of misinterpretation and remembers in earlier years on the Board, the language was such that you couldn 't development in these areas, which wasn' t so, you had to have a permit. Brad was sure there have been hassles but didn' t feel the Planning Board' s inclusion of information without linkage to forbiddance or taking or attempt to do so can be faulted. During Brad ' s research, he came up with eight different judicial notice documents that the Board and applicant should have at hand to look at for standard references, the Tompkins County Soil Survey, the Official Wetland Map, the Ag District Map, the Floodplain Map, the Unique Natural Area 's Inventory, the Official Highway Map, our own Land Use Map and the USGS Indication of Topography. Brad felt having these things as resources does not link them to any takings, intent to take or any regulatory process other than our consideration of those sites and their characteristics . Robert believed most of those documents have concrete definitions, but with a unique natural area map , that is someone ' s opinion . Larry Sharpsteen reminded everyone, as George had commented earlier, this unique natural area study was done by two men from McLean and would be useful to include as lending weight and precedence for use and enforcement to site plan review. George pointed out that in the ordinance it is phrased "such application shall contain the following information, " shall meaning that it must contain . Larry proposed in that case it should read, the location of property in or near such an area shall not in and of itself be adequate to prevent a proposed land use. Al White agreed and Brad Griffin agreed only if it were acceptable and apply to site plan as a whole, not just for one particular item . Larry did not feel the inclusion of this ' inventory would be detrimental , especially the way it ' s worded . Al White asked if they could get '- back to the point, he thought they were trying to broaden this out as a cover all , this was only one "` Town of Lansing Planning Board Monday, November 11 , 1996 Page 4 item under site plan review which occurs only once in awhile . He felt most of the issues are covered under SEQR, and recalls at the last meeting, this Board voted to send the Ordinance that they had been working on for the last two and one-half years to the Town Board as it was . Al `stated there was one question regarding 701 . 6 .2 (h) of the site plan review that Brad and Lin were going to reword and have spent the last hour talking about revising the whole Ordinance . Al White made a motion to accept 701 .6.2 (h) to read The location of any areas listed in the 1990 Unique Natural Area 's Inventory of Tompkins County. Viola Miller seconded. VOTE : FIVE IN FAVOR; ROBERT TODD OPPOSED . MOTION CARRIED = Al White made a motion to include in 701 .6.2 (h) The location of property in or near such an area, shall not in and of itself be adequate to prevent a proposed land use. Robert Todd seconded. VOTE : FOUR IN FAVOR; BRAD GRIFFIN AND VIOLA MILLER OPPOSED . MOTION CARRIED GENERAL BUSINESS Larry Sharpsteen informed everyone of a new committee forming called the Citizen Planning Alliance of Tompkins County. There will be a public information meeting, Thursday, November 21 , 1996, at the Women' s Community Building, 7 : 30 to 9 : 00 p .m. Larry continued that it was a new grassroots organization to tackle local issues of planning and environmental protection. Viola asked who was sponsoring this and if there was anyone from Lansing? Larry did not recognize any names from Lansing . Cheryl Nickel wanted to express to all the Planning Board Members it had been a pleasure working with them. Al White asked that a resolution be done thanking Cheryl Nickel for her service and expertise brought to the Board, particularly in the area of aesthetics and landscaping . Viola Miller made a motion to do a resolution thanking Cheryl Nickel for her service and expertise brought to the Town of Lansing Planning Board . Lin Davidson seconded. VOTE: ALL IN FAVOR; MOTION CARRIED UNANIMOUSLY Larry Sharpsteen stated the Sewer Committee has asked that the Planning Board to present a resolution in favor of the development of a Waste Water Treatment Plan and Facility for the Town of Lansing . Al White felt the request was a little out of order. The Planning Board has nothing to do with the dispensing of funds, and feels the comprehensive plan addresses the issue . Al was willing to reinstate the prevision of the comprehensive plan in the form of a resolution, but not beyond that. Larry stated the reason for the request for the resolution is that the funding agencies and the oversight agencies look more favorably on a proposal of such a plan if it has the support of the municipal organs of the area. Brad stated the use of our comprehensive plan for 4111 this purpose may be the strongest possible endorsement that could be given . • { ic I II Town of Lansing Planning Board Monday, November 11, 1996 Page 5 Al White made a motion that a resolution be done to issue a statement of support directly taken from the language of our comprehensive plan supporting the concept of a Waste Water Treatment Plan as documented in Section III, Item 4 . 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 adjourned at 9 : 14 p .m. Submitted by Sue Davenport The next meeting is scheduled for Monday, December 9, 1996, at 7:• 30pm. 11/ 0