HomeMy WebLinkAbout1996-11-11 _ To Seneca Falls To Auburn
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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
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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 .
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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.
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