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2 Town of
3 Monday, October 13 , 1997 ; 7 : 30pm PLANNING BOARD
4 PLANNING BOARD MEMBERS
5 (*Denotes present)
6 * Larry Sharpsteen, Chair * Jacoba Baker
7 * Viola Miller Brad Griffin
8 Lin Davidson Al White
9 * Robert Todd David Lippert
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11 * Larry Tvaroha, Town Councilman
12 * George Totman, Zoning and Code Enforcement Officer
13 PUBLIC PRESENT
14 Tom Neiderkorn Public Consultant
15 Susan Miller 194 Buck Road
16 Clifford Buck 355 Conlon Road
17 Ronald Seacord 1437 E. Shore Drive
18 Scott Sharpsteen
19
• GENERAL BUSINESS
21 Larry Sharpsteen called the meeting to order at 7 : 31 p.m.
22 Ron Seacord, Update on subdivision
23 Ron Seacord talked to Monica at Ag. & Marketing, and Monica talked to Robert Summers. Monica' s
24 view was that the property should have been taken out of the ag. district inventory in 1994 or 1996 when
25 they reevaluated the property. Larry Sharpsteen stated the reason it was not taken out was because the
26 owners at the time wanted the tax advantage. Viola Miller stated they should be making it up now if it
27 gets taken out now. Ron was given a waiver to fill out, waiving the Town of Lansing from filing the
28 notice of intent with Ag. & Markets . Ron sent letter to Robert Summers stating the contractor is ready to
29 build the road and the water main is ordered. Robert stated he would talk to their attorney. He called
30 Ron back and stated that the attorney they would go ahead and accept the waiver. They are going to
31 write a letter accepting the waiver. Ron stated that Jeannine has the original waiver. Larry Sharpsteen
32 requested Ron make sure George Totman gets a copy of that waiver for the folder. Ron agreed.
33 Ron Seacord stated the next hurdle he has is to get the permit to connect the road to East Shore Drive.
34 He has been communicating with the D . O.T. since May. Two weeks ago they informed him he had to
35 hire and engineer to do a traffic study. If the traffic is going to be ,too much, Ron will have to improve
36 the intersection ,to a greater extent than is shown on the plans . Ron has hired an engineer. The study
37 will take a while, but they can start on the other end of the road. Ron stated that he has the permit to
38 bore under the road to connect to the water main on the other side of the road .
• Viola Miller asked if the D . O . T. has asked any questions on where the road will meet E. Shore Drive.
40 Ron replied that hegave them a copy of the plans and that seems to be all right. They may want it
41 modified a little bit at the intersection. Ron stated what might be ''of use is the map that was generated
42 of the street development in that area in the future. Ron asked if there was such a map. Larry
2 Town of Lansing Planning Board, October 13, 1997
Sharpsteen stated they do exist, but no one seems to be able to locate them at this time. Larry stated Lin
2 Davidson said he thought he had an 81/4" x 11 " copy of that map. Jacoba Baker asked when that map
3 was done . Larry Sharpsteen said it was done in 1993 . e
4 Robert Todd entered at 7 : 40 p . m.
5 Larry Tvaroha stated that Ron Seacord has been in to see the Town Board with the plans for the road .
6 The Town Board had adjustment they would like to see done, to make the right-of -way go all the way to
7 the other property line . If the property to the south of him would be developed, it would then be able to
8 have access off of his road to avoid making another curb cut on E. Shore Drive. Larry Tvaroha stated he
9 hoped Ron was able to incorporate that into the plans . Ron stated he did.
10 Lin Davidson entered at 7 : 42 p .m. Larry Sharpsteen asked Lin if he had the 81/4" x 11 " c ies of the
11 map. Lin stated he did not find them, but spoke to Cheryl about them. Lin said accordin to Cheryl
12 those copies only showed as far as the pizza place.
13 Ron Seacord thanked the Board for their time .
14 -
15 Review minutes of September 22, 1997
16 Viola Miller stated that if someone were reading Page 2, Line 36 in the future they would of understand
17 to what study the Board was referring. Viola suggested adding the title of the study, "Cost of
18 Community Services Study of Tompkins County, New York," prepared by Cornell ooperative
19 Extension, August 1995. Viola Miller also suggested on Page 3, Paragraph 2, adding " ith regard
20 to the salt pad under construction on DeCamp Road" at the beginning of the paragrap so that
21 someone in the future would better understand the discussion. Lin Davidson suggested on Page 3, Line
22 8, inserting " D.E. C. representative" in place of the word "woman " for clarification.
23 Lin Davidson motioned to accept the minutes of September 22, 1997 as amended . Viola iller
24 seconded. VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY.
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26 Larry Sharpsteen asked Tom Neiderkorn if he had the onion skin sketches of the Town Ce ter. Tom
27 stated that he did not have the sketches . George Totman stated he does not recall having t e sketches,
28 but he will check a closet in which they stored things when they moved into the other buil ing. Tom
29 Neiderkorn stated that he will check also .
30 Review of the Revised Proposed Zone Ordinance
31 Tom stated that he and Larry Sharpsteen had discussed the problems in McLean regarding he Adult
32 Entertainment situation . Tom included Adult Entertainment in Sec . 503 . Schedule I, as a use and
33 included a definition in the Appendix . Larry Sharpsteen stated that there is substantial reaspn to believe
34 that anyone ' s right to open a place like that would be upheld in court under the right circurristances.
35 Larry added that the proper way to handle it is to allow under controlled conditions . So th said they
36 put it in RA, and would require a special permit attainable only from the Town Board . Lin Davidson
37 asked if the Town Board legally has to giude lines to work on. Tom Neiderkorn stated there are some
38 general guide lines for special permits and you could develop more specific ones if you would like, such
39 as distances from school and churches. George Totman stated that appears to be what the ourts are
40 accepting, distances from certain places . George stated he got a thing from the Council of ayors, has
41 been talking to the Town attorneys, and their feelings are if you make it too strict, you are orse off than
411 42 if you did not have anything . Lin Davidson asked if, by law, they have to allow it somewh - re? Tom
43 Neiderkorn stated no , he did not think that was correct. Larry Sharpsteen stated he thought they would
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3 Town of Lansing Planning Board, October 13, 1997
1 find through some court test at some time or another that it is going to have to allowed someplace
2 because it will be found to be a First Amendment right.
3 Viola Miller stated she would like to discuss the way the special permit is written in. Viola stated she
4 thinks it should stay with the Planning Board, and go to the Town Board with the Planning Board' s
5 recommendation because you are putting it in a political arena when you just put it in to the Town
6 Board. Lin Davidson stated there would have to be some guide lines . Viola stated the guide lines
7 should be passed along with a recommendation from the Planning Board and the Town Board can do the
8 final permit. Larry Sharpsteen suggested that they consider doing something that can evolve as the law
9 evolves.
10 Public Hearing for Clifford Buck Subdivision, Tax Map # '' 27. 1 -1-26.2
11 Larry Sharpsteen read the public notice published in the Ithaca Journal and opened the public hearing.
12 Larry asked if there were any questions or comments regarding this subdivision. George Totman stated
13 14 notices had been sent to the adjoining neighbors . As no one had any comments, Robert Todd
14 motioned to table the hearing until the appropriate closing time at 8 : 15 p.m. Lin Davidson seconded. r
15 VOTE: ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY.
16
17 Revision of the Proposed Zone Ordinance (cont.)
18 Tom Neiderkom stated that he feels if anything belongs in the political arena, this does. If you put in the
19 guide lines such as distance from school, churches, and so forth, then you hold a public hearing and the
20 Town Board is the one to issue the special permit, that seems to be okay. There is really no reason for
al21 the Town Board not to take that heat. Larry Sharpsteen suggested maybe a Site Plan Review. Tom
.2 stated that if you require site plan review for other commercial businesses then you could for this also. .
23 Larry Sharpsteen stated that currently they do not have it on commercial businesses in the RA, but are
24 strongly recommending to the Town Board that they consider site plan review for commercial
25 establishments in the RA district.
26 Larry Tvaroha stated it seems he read in the Ordinance something about not having animals within a
27 1000 feet of a residence. Animals are a lot less harmful and offensive than something like this. If you
28 can give distances from residences for animals, why can't you give distances for this? Larry Tvaroha
29 stated he would like to see some guide lines. Larry Sharpsteen suggested having another meeting at the
30 end of the month and that everyone come back with at least one condition they wouldlike included in
31 the site plan review. The Planning Board will then talk them over, give them to Tom to write in, and
32 give to the Town Board. George Totman stated that he and Larry Tvaroha will not be here for that
33 meeting. Viola stated she will not be here either. Jacoba Baker will not be able to attend either. The
34 Board agreed to put discuss at the first meeting in November. Robert Todd stated that in Sec. 503 .
35 Schedule I. for Adult book/novelty store and Adult entertainment there are "N ' s" across the board except
36 in RA. Robert wanted to clarify if that was the consensus of the Board before going home to think about
37 conditions, because you would write it differently if you were going to allow it in the middle of South
38 Lansing versus North Lansing. The Board agreed that RA would be the place to allow it if it had to be
39 allowed somewhere.
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41 Public Hearing for Clifford Buck Subdivision, Tax Map # 27. 1-1-26.2
• No additional members of the public came forth with additional comments on the proposed subdivision.
43 Lin Davidson motioned to close the public hearing. Robert Todd seconded. VOTE : ALL IN FAVOR.
44 MOTION CARRIED UNANIMOUSLY.
45 Larry Sharpsteen informed Mr. Buck that the Board would act on the proposal later.
4 Town o Lansing Planning Board October 13 1997
1
2 Revision of the Proposed Zone Ordinance (cont.)
3 Torn Neiderkorn stated that everything that has been changed is in bold print.
4 Tom stated there are a few changes he would like the Board ' s opinion on .
5 Sec . 503 . Schedule I
6 Residential Uses - changed use #3 to read "three or four" because it seemed to him there ne - ded to be a
7 limit on it. Added uses #6, 7, and 9 as discussed. Tom stated he will define the terms congregate
8 housing and ECHO building . Also added # 16, keeping of customary household pets . Tom sked if
9 "customary household pets" was specific enough or if they should include a definition. Li Davidson
10 stated he thought there should be some guidelines . Viola Miller stated because there is suc a wide
11 variety of pets, they are bound to leave something out if they try to list what is customary. Jacoba Baker
12 added that what is customary changes with the times . Tom Neiderkorn stated they would leave it out.
13 Business Uses - added use #5 , 4H/educational husbandry permitted everywhere except B1. George
14 Totman stated there are currently people living in B 1 . Tom replied that perhaps he had meant that to be
15 B2 . The Board agreed that is should be B2 . Viola stated she was concerned because 4H pr .jects can go
16 from having a little cage of something to having practically a dairy. Viola wondered if they were not
17 opening the door to something by specifically allowing all 4H projects . Lin Davidson state . they are
18 bound by what would be the proper space requirements for the critter. Larry Sharpsteen su : gested that
19 Tom tie the definition to caring capacity size limits or simply state herd & flock manageme t projects
20 will not be allowed in R1 & R2 . Tom stated he would get in touch with someone at the Coop . Ext. to
21 help him write a definition. There will be some restrictions in R1 and R2 regarding size.
22 Added use # 16 Keeping or raising of horses or ponies . The conditions were taken right out . f the
23 current ordinance.
24 Commercial recreation was divided into outdoor and indoor, uses # 18 and # 19 . Outdoor re I reation will
25 not be allowed in RI and R2 . Susan Miller questioned why R3 was not included with R1 . . d R2 in
26 excluding outdoor recreation. Tom Neiderkorn stated that it is allowed with a special permit with a site
27 plan review. Susan stated she was sure there were some reasons for leaving it in R3 , but it oes against
28 your initial principle that R3 was going to be the same as R1 except for mobile homes and ome retail
29 businesses . Tom suggested the Board revisit this one, keeping in mind what the intent of the R3 district
30 was. Viola Miller agreed . Larry Sharpsteen stated that rather than shut it out entirely, they Should
31 differentiate various types . Lin Davidson stated in 803 . 1 . 7 . he felt the "any vibration, glare, hear or
32 noise" was too restrictive . Tom Neiderkorn stated that he will strike the word "any . " Susan Miller
33 questioned if those things are enforceable, what is the objections to leaving it in Rl and R2 ? Larry
34 Sharpsteen stated that becomes a question of proper land use . Robert Todd suggested also changing
35 "shall not be evident" to "shall not be ownerous to . "
36 Utility and Miscellaneous Uses - Use # 10 Tower for the reception or transmission of electr . nic signals is
37 allowed in RA, B2, and R1 . This is one of only a few uses that have restrictions in RA . It i . allowed
38 under special conditions 802 . 23 . (on page VII-6a) Larry Sharpsteen questioned why they ar • allowing it
39 in B2 . Tom Neiderkorn stated that because B2 is so small and is all business, and the chara ter of the
40 area is not such that a tower would be objectionable . Larry stated that because it is such a s all area,
41 and the type businesses that would have those can have them in a remote location just as ea ily as having
42 it in a commercial district, so why not just take it out of B2? Larry Tvaroha agreed that he ould like to
43 see it taken out of B2 also . The Board agreed to take out it out of B2 . Lin Davidson questioned if this
44 included ham radios . Tom Neiderkorn stated he will revise it to say "Tower for the comm • cial
45 reception or . . . . "
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5 Town of Lansing Planning Board, October 13, 1997
1 ARTICLE VII: SPECIAL CONDITIONS AND SPECIAL USE PERMITS
• 2 Sec. 802.25 , Tom added some wording. Larry Sharpsteen stated he thought it was okay.
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4 Larry Sharpsteen stated the Board will read this and make notes, come back on November 10, and be
5 ready to finish this and turn it over to the Town Board.
6 OTHER BUSINESS
7 Viola Miller stated she thought it was only fair for this Board or the Town Board to ask for Al White to
8 resign as he has missed many meetings. George Totman stated that his last meeting was in December
9 1996 . Larry Tvaroha stated that if they want to bring it to the Town Board, they can ask what his
10 intentions are. Viola made a motion for George to take it to the Town Board. Larry Tvaroha told
11 George to let the Town Board know that he has not been to a meeting since December.
12 Robert Todd inform the Board that his term will be up at the end of December and he will not pursue
13 another term. Robert stated that he has another commitment, as he has accepted a job which will require
14 a fair amount of travel. Larry Sharpsteen stated he regrets the fact that Robert will be leaving as he
15 thinks Robert has made some real contributions. Lin Davidson agreed.
16 Viola Miller asked about the budget. Larry Tvaroha stated that they have preliminary figures. Larry
17 Sharpsteen stated they did submit a budget. Viola stated that the Board is suppose to act on it. She
18 wondered if they were asking for enough. Larry Sharpsteen stated they raised a few things a couple
19 hundred dollars and left everything else the same as they have not used their full budget for the last three
20 years. Viola Miller suggested they not just look at things that come up, but take the time to go over the
sp1 Comprehensive Plan as a Board.
22 Clifford Buck Subdivision, Tax Map # 27. 1-1-26.2
23 Robert Todd motioned to accept the proposal as presented. Lin Davidson seconded. VOTE: ALL IN
24 FAVOR. MOTION CARRIED UNANIMOUSLY.
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26 The next meeting is set for Monday, November 10, 1997.
27 Submitted by Robin Cornell.
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