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HomeMy WebLinkAbout2000-08-14 T, Seneca Fells To Auburn 1 " 1 < <\te ''' TOWN of LANSING 7 " Home of Industry, Agriculture and Scenic Beauty " Q ` '9C I Town of Lansing 4S'"4,- --1 ', ORDINANCE DEPT. \ �l��l ., 1111111 Box 16 `, Town of Lansing Lansing, New York 14882 \ i To Itbcca Planning Board Meeting 8/ 14100 7 : 30 PM Lansing Town Hall — Board Room k 9 . • Time: Ac�enda Topics 7: 30 PM Open Meeting and Approve Minutes of 7/10/G0 & 7/24100 7x45 PM Public Hearing Phase II , Lakeview Subdivision Subdivision Request, John Hicks Tax Map #42 .- 1 -1 . 12 Chair Update Report of Committees 8 : 30 PM Anything else one deemsimportant to bring to the Board • 0Paye1 r' >1 I .. Town of Lansing i a Monday, August 14 , 2000 ; 7 : 30 PM PLANNING BOARD 4 PLANNING I ARD MEMBERS 5 t •n iter prim e * Brad Griffin , Chair * Jacoba Baker 7 Larry Sharpstcen Lin Davidson h * Viola Miller David Hatfield 9 * Clegg Travis 10 ii * Cad Shattuck, Town Douneiln saa 12 * George Tohnan, Boning and Code Enforcement Officer t3 Public Present 14 Lyle Vedell 468 Auburn Rd Dave Anderson 44 Grandview Dr 15 Doug Firth 26 Aspen Way Ron Preston 45 Grandview Dr 16 Paul Costantini 1 Whispering Pines Dr Craig Trowbridge 15 Aspen Way 17 'Richard Thaler 269 Asbury Rd John Glennon 64 Aspen Way 18 Nancy linnet° 39 Hillcrest RdCam Skibitsky 2764 N. Triphammer Ten 19 Margaret Tollinger 16 Stormy View Rd Lynda Skibitsky 2764 N. 'Triphammer "Kerr 1110 Debbie Nichols 88 Triphammer Terr 'Maureen Trowbridge 15 Aspen Way Greg 'Nichols 88 Triphammer Terr John clicks 1693 E. Shore Drive 22 Janet Keefe 4 Dandyview hits Jack Morse 131 Triphammer Terr 23 Bob Keefe 4 :Daodyview Tits . Ron Parks 125 Triphammer Terr 24 Pa. DieMoarugh 245 Dandyview Hts . Jack Sherman 131 Triphammer Torr 25 0 , Feicali 'Resource Assoc . Richard Meagher 73 Aspen May 26 Ed Pcstm .194 Beck Rd Rod ! earl 255 Rt 348 , Freeville 27 Susan Miller ] 94 Buck Rd Cathy Morrell 80 Triphammer Terr to 'Phil Skeps 8k Triphammer Terr i {l ro GENERAL BUSINESS 31 32 Brad Griffin opened meeting at 7 : 30951 , 33 Approval of Minutes ofSDQM- Page 3, Lire 24 - . . Brad Griffin corrected . . . suited he would do - . . Line dd Brad 34 Griffin corrected . . . . '. reasurcr . . - . . Lin Davidson moved to accept the minutes as amended , Viola Miller seconded . 35 VOTE : ALL IN FAVOR , MOTION CARRIED UNANIMOUSLY. 36 Approval of !Minutes all 712#1I00- Page 2 , Linc 34 „ . Brad Griffin corrected . - . maybe as much the code Enforcement 37 Officers problem as the 7'cwRe , , . .Jackie Baker moved to accept the minutes as amended . Lin Davidson seconded . 38 VOTE: ALL IN CAVO R., MOTION CARRIED URA .Rt D US DI -- r' Bard Griffin distributed copies or the cots he used for the Town Board and Planning Board joint meeting to give members a chance to reed dram again and develop any other dreayht on .it. Brad Griffin stated that he would like 4 I to mane for resolution for the Board to contract with "Porn Dieclerkorn to move to the correction of the ordinance for 42 their recommendation to the Town Board in the very near future . I -' • • roiwir rf /wosiiaa P1owthio, Board! Au w'c 14, 2000 Viola Miller stated that she thought Brad did a good job with chose principles _ Wiola. added that she would like to 2 have some asset wine Crow the Town Board that they are going to treat tim Cloaning Board as a professional board . 40 Brad •Griffin read a letter Bain the Tompkins County Planning Department regarding a SE.QR meeting they will be 4 holding in early Tovernbe r . Brad Griffin stetted that he responded to the letter loth some general questions about 3 SEQR thresholds and sower water thresholds . Braid Griffin stated that ii; thcrc are any other questions nr concerns h they can submit those . The letter requested tloo they be in no later than jongust 31 , 2024 . 7 Public Hearing, 'Barden i.Vz Robeson , Cslceview Subdivision Phase IT. Tao Map 440, -3- 36.28 to 4h. -d-30. 49 8 Brad Griffin read the legal notice_ Check beieali .R.esourcc Associates, stared that they are bringing in the y remaining phases ohdie Lakeview Subdivision hot was originally passed in 1995 . Chuck stated that the Wrap has 10 not changed . Chuck stated that they had originally panned to do the subdivision in 3 phases, but the developer has 11 decided to do the second and third phases in one phase so that they can go ahead with the roads and the water 12 systems . Chuck explained that die SCQB was completed when the first phase was approved . 13 Gregg Travis asked if the deed restrictions would remain the same for this phase . Chuck replied that nothing hes la changed froth the original plan . Lin Davidson stated that them room deed restrictions on cekrtun lots concerning l5 mairotenaetce of the drainage swale. Chuck replied that was correct and they would BeTThe on the rest of the lots 10 along that border of the parcel . 1 ' Richard Meagher react a statement about his owtoorns regarding the Lakeview Subdivision . Mr . h'leaghcr ' raas 1s concerned about the new street connecting with Cir1utdviera Drive in the future, the manner in which the street Ib comes co an abrupt halt and the effects. of losing the forest and trees on the property_ Brad Griffin replied that the 20 rcxluircmeotgiven by the Highway Superintendent is to have the hammer head turn around because it oiiers a safe ? 1 turn around for plowing and also gives the opportunity for connecting roads in the future . Chuck Fiecali explained 22 that the piece. of property between the end of the new road kind Grandview Drive is not currently Controlled by Oh Barden it Robeson , M.i' , Rica' i stated that the question of whether to extend that road is one that the "I-area would 24 have to direct to the developer if they wanted that road 'to continue, Chuck stated that he did not thick it mattered to • th the; developer . Viola hbiller stated that it has been a principle they have always had that there must be as opening to 26 vacant land for the possibility ofBoore development . re Dick Thaler stated that he has a problem with it as he osvns the hand behind it and lie feels that would be an open be invitation for people to come on his land raith snowmobiles or other recreational vehicles . Mr. Thaler stated that he 29 would not have any objections to the road stopping before it gats to his hind . N1 r_ Thaler stated that wanted hh some type of barrier to stab people from going an his land _ Mr . hared stated that if that is something the Towyn 31 mould want to sex:, he felt it would be something that would be easy enough to create . Mr. Feicali stated that as far 32 as the developer is concerned, it should not be mr major. pred] oei , Mi' , Ieice] i explained what a hammerhead was . 33 Lin Davidson explained why a hammer heed is used verses a cul-de-sac . 34 Jack Sherman stewtl that he Inas the same concern as Mr. Thaler about traffic going through that area . 3 •71 Dave Anderson stated that he awns. the property eehere the road would connect . Mr_ Anderson stated that lie is 36 concerned about the %raf. F.ie as there ere a lot of small children in the arca and it }Would be a short cut for people . eb dkr . Anderson stated that in the grading of that toad. they toed upset the draJnago in his land and lie wwiid be Very 38 concerned about how the roti was created . Mfr. Anderson stated that lie would prefer that they do nor connect to he Grandview Drive, 40 Ronald Parks stated that they are adjacent property owners along the northern border oh the subdivision and they 41 have meejor areas of concern with the approval of Phase II . Mr_ Parks stated that their first concern was Co ground 42 water contamination from septic systems in the development, he Chuck explained that all rho septic s2ste> or in the suddinision are designed under regulations of. the Tompkins County Health Department , Chuck explained Co idea behind septic systems . Chuck soared that they Circ tollowieb t h all due rules that the; State and the Health Department have .for septic Systems and that cite Health Department tests oh each lot before a system is put in . a 47 , 3 'town or Lansing Nowlin1 Booth_hu is sl t4_ DS00 i Mr. Parks stated that their other major concerts are improper construction of the drainage swain in Phase I and . O . extension of the swale needed for Phase 11, easement right-of-way for proper maintenance of the swale, deed restrictions for lots on the northern border of Phase II , construction debris accumulating in undeveloped lots , and ,' 4 insufficient survey markings on the northern border of the development, 5 6 Brad Griffin stated that if his memory serves him correctly, the Swale was something the developer agreed to build 7 because of the drainage problems Mr. Parks had before, but that it was not a direction from the Town to do so . Mr . 8 fiecalt also responded that the developer agreed to put it thereto a l leviate pre-existing drainage problem, and that 9 the problem was not created by the subdivision , Mr. Feicali explained that once the road is built, there will be 10 roadside ditches to deal with the drainage from the subdivision , It 12 Brad Griffin stated, as for the monitoring of and contamination of the wells, that would be within the jurisdiction of it the Tompkins °panty Health Department. 14 • it Lin Davidson stated that maintenance of the Swale would be the responsibility of the existing lot owners . It would if be hi the deed restrictions of those lot owners . Viola Miller stated that when this subdivision was done originally, it 17 Bad to pass the inspection of the Town Engineer for drainage , 18 t9 Mr. Parks explained the problem with the debris on lot 10 of the subdivision and stated that it is unsightly to the to neighbors and is a Hazard to children in the area . Mr , Feicali stated that he would mention h to the developer . 21 George Totnnon will look at the property . 24 23 As for the survey markings, Mr, Feicali replied that after the subdivision is approved, they will have the property 24 surveyed and pins will be set for every individual jots . Brad Griffin stated that those issues would relate to the deed 11 and the descriptions , oftthe lots . r , 27 Mr. Parks stated that in Phase I he was told that the Swale would be built before the construction would start, but it 28 was not done first'. Mr, Park stated that they would like some emt ofassurance in writing that it will be done so 29 that they do not have concems down the road , Brad Griffin stated that in Phase 1 it was not a direction of the 30 Planning Board, therefore they do not claim any credit for that . Mr. Parks asked if Brad was saying that the 31 Planning Board could not direct a swale to be built. Brad Griffin replied that in this case, it did not and there was 32 not sufficient I' : son to do that. Mr, Parks requested that their list of concerns be included in the minutes . 33 34 Gregg Travis asked if the extension of the road would be swalcd an either side. Mr . Feicali replied that it would_ 35 Gregg Travis stated that would in effect pick up most of the ninwff, Mr. Feicali agreed that once the road is if oorupletod; h will help with the run-offsituation . 37 , 33 Dick Thaler stated that lots 28, 29, and 30 are less than one acre . Mu paler stated that if they put a . swele in 39 there, he did not see how they would be able to pm a septic system in there. Mr , Thaler stated that he could tell 44 them that the Health Department would not approve a sand filter unless they have a 250 P. radius . Mr_ Thaler 41 stated that if they do not require that with lots 3 l and 32., that water is doing to go on his and Judge herman ' s 40 proparep_ Mr. Thaler stated that he can not use the conies of that lot already because it gets flooded Out every 43 spring . Mr . Thaler stated that if the swale is full of water, and it is a lateral system, part of the affluent is going to 44 go into the swale . Mr. Feicali stated that they have to go through each lot with the Health Department to show 45 where the system is going to be placed and where a replacement system would go, if the original one none to fail . 44 47 Brad Griffin asked what Pie options would be if it was determined that they could not get a septic system to fit on opone of those lots . Mr. Feicaii responded that the developer would probably combine two. kits into one if those would not be enough room en one . 50 51 Mu Parks stated that: it looks as though 4 of the issues they raised have Peen answered or they are under the Health 52 Department jurisdiction, but stated that some of the issues with Swale Still remain , Mr , Paries asked that the 4 l own of Lancing Planning Board, ArtRncst 14. 2000 1 Planning Board not approve the final plat of the subdivision until there has been a resolution of the swale issue. 2 Gregg Travis suggested that they have the Town Engineer take a look at it as the swale is extended . The Board • 3 members agreed. 4 5 It was proposed that for the purpose of this subdivision , the Planning Board will have the Town Engineer inspect 6 the design for drainage on the northeast boundary and give the Planning Board advice, before it gives its approval . 7 VOTE : ALL IN FAVOR. CARRIED UNANIMOUSLY. 8 9 Brad Griffin explained that the Planning Board would look for recommendations from the Town Engineer on 10 drainage, and the Town Highway Superintendent on the roads, but that they would not necessarily hold another 11 meeting. 12 Nancy Loncto asked where someone could find the specifications for a cul -de-sac . Brad Griffin replied that it was 13 a standard Town specification included in the Subdivision Rules and Regulations . George Totman suggested she 14 contact Pete Larson . 15 Lin Davidson moved to close the public hearing at 8 : 51 . Jackie Baker seconded . VOTE: ALL IN FAVOR. 16 MOTION CARRIED UNANIMOUSLY. 17 18 John Hicks Subdivision Request, Murfield Drive, Tax Map H 42.- 1 -1 . 12 19 John Ricks explained that the request was an addition of four lots to his previous subdivision . The Board 20 discussed the location and zone of subdivision . Gregg Travis stated that if it is to be a preliminary plat approval 21 they would need to have the topography on the maps . Gregg Travis stated that it is a simple subdivision and they 22 could approve it contingent upon getting the topo and drainage information . Mr. Hicks explained that all the 23 utilities come to the edge of the lot . Brad Griffin stated they should have some orientation as to how the lot lays . • 24 Mr. Hicks stated that he had the map of the area that was done when the original subdivision was done. 25 Brad Griffin stated that Mr. Hicks could go through the checklist of what is needed for a preliminary plat. Mr. 26 Hicks stated that he hired someone to do it and he thought they would do what was required . Gregg Travis 27 explained that they had done a sketch plan . Brad Griffin stated that if Mr. Hicks had any questions in the 28 meantime, he could contact them . Mr . Hicks thanked the board . 29 30 Review of the Town of Lansing Land Use Ordinance 31 Brad Griffin stated that he asked Torn Niederkom to join them this evening . Brad Griffin stated that he would like 32 the board to use the notes he put together as a starting point. 33 Viola Miller moved to hire Mr. Niederkorn to assist the Planning Board in moving on the recommended corrections 34 and/or additions of the ordinance and to assist in including public comment in those corrections to be completed as 35 soon as possible. Lin Davidson seconded . VOTE : ALL IN FAVOR. CARRIED UNANIMOUSLY. 36 Viola Miller asked if the Town Board was going to go through the ordinance and do the corrections themselves or if 37 they were they going to look to the Planning Board to do it and give their recommendations . Bud Shattuck replied 38 that they expect the Planning Board to give their recommendations , the Town Board will review it, and if they need 39 the Planning Board to rework it they will do that . 40 Nancy Loncto read a statement about the Lansing Residence for Responsible Development that stated they offer 41 their assistance to the Town Board and Planning Board to review and strengthen the current ordinances . Mrs . 42 Loncto stated she would give a copy of the statement to the Planning Board . 43 Paul Constantini stated that he asked a question at the joint meeting and thought he got an answer, but other people • 44 came out of the meeting with a different answer . Mr. Constantini stated that they are concerned about whether, at 45 the end of the moratorium, the Ronsvalle project will be ,judged by the ordinance that is in effect at the end of the 46 moratorium . Bud Shattuck replied that when the new ordinances are adopted, they will be the law of the time and • . 5 Town of iansing PIanningRoard. August 14, 2000 1 everything that is presented after that will be judged by that. Bud Shattuck stated that there is no building permit 41, issued for it at this time. Bob Keefe read an article in the Lansing Ledger where it stated that Ronsvalle had purchased the property with prior agreement from the Town that he could continue building houses there. Mr. 4 Keefe asked what that meant . Bud Shattuck replied that it sounded like Mr. Ronsvalle asked for an interpretation 5 at the time, and he was given one. 6 Tom Niederkom stated that Brad Griffin had a lot of good points in his notes that need to be addressed and they 7 could probably deal with those right away. Mr. Niederkorn stated that when they did the ordinance several years 8 ago, the Planning Board deliberately did the things that they thought would be accepted by the Town . Mr. 9 Niederkom stated that the Town Board then made some modifications to that. Mr. Niederkom stated that he 10 believed that is probably where the trouble all started. Mr. Niederkorn stated that they should start with the draft 11 ordinance and decide whether or not it still makes any sense, whether it addresses the concerns of the public and of 12 the Planning Board and then change it as necessary. Mr. Niederkorn stated that it is not a difficult thing to do. 13 Viola Miller stated that she just wanted to make it clear, that when the Planning Board was working on the 14 ordinance, they tried to not make it less restrictive in the areas where there had already been zoning. Mr. 15 Niederkom stated that they were not always entirely successful in that, but that was what they had tried to do. 16 Nancy Loncto stated that she had a question about the actions of a previous Town Board regarding designation of a 17 property as a P . D . A . Mrs . Loncto asked how that decision is in the institutional memory. Mrs . Loncto asked how 18 people would know 10 years later that an action was taken that affects a piece of property. Brad Griffin stated that 19 the simplest answer would be that it would be in the minutes, which would be much more accurate than individual 20 memory. Mrs . Loncto stated that as far as she is concerned it is a very big problem . 21 Torn Niederkorn explained that in essence, when you do a P . D . A., you design a mini zoning ordinance for that piece 22 of property and the developer and the Town come to an agreement on what is acceptable and the zoning map would 23 reflect that . Mrs . Loncto asked if the Planning Board members felt comfortable with the guidelines or process for a P .D . A. Brad Griffin stated that he is too new a member to ever have had dealt with one, so he can not respond to 25 that question with any experience. 26 Walter Poland asked if it would be possible to acquire a copy of the draft proposed ordinance. Mr. Poland 27 explained that the Planning Board had a lot of years of working on that ordinance and it may to be helpful to look at 28 that . Mr. Poland stated that they would like to present recommendations that are practical, and he thinks this is a 29 very educational process for them. Mr. Poland stated that they want to be helpful and would like the things that 30 they come forward with to be something the Planning Board can use. Mr. Niederkom stated that he thought that it 31 may be helpful for them in making their comments to have a copy of the draft ordinance. 32 Mr. Keefe stated that while they were reviewing zoning, he would like to see the Planning Board have more power. 33 Mr. Keefe stated that there was no overriding body of the Code Enforcement Officer, whomever that may be in the 34 future. Brad Griffin stated that it had been brought to their attention that the Code Enforcement Officer did not 35 have a job description and he had said that may be as much a problem for the incumbent as it is a problem for the 36 Town . Mr. Keefe asked if they chid not think it was necessary for the Planning Board to step beyond its advisory 37 capacity. Brad Griffin responded that the Planning Board has made a recommendation in that area and it is beyond 38 their jurisdiction . Mr. Keefe asked then if it would be a matter of rewriting Town Law rather than zoning. Bud 39 Shattuck stated that it is a matter of Town Law and they are looking into it . 40 Mrs . Loncto asked if they would do something to educate the citizens of Lansing around what the zoning laws are 41 when they are finalized again . Bud Shattuck stated that the Town ' s website would be the first place to start. Bud 42 stated that when it is complete, they will post them on there for people to review. Viola Miller stated that they had 43 previously held a hearing in the school auditorium where they explained every detail of it, and they were very 44 disappointed that the auditorium was not full . Mrs. Loncto stated that she was there, and it was a wonderful process, but she thought she was asking a different question . Mrs . Loncto gave an example of walking into the Town Hall asking where to get a building permit and someone hands her an instruction sheet that says exactly what 47 she would need to do to get a building permit. Mrs . Loncto stated that after this process is all done, she would be 48 willing to work with the board to develop something like that . 6 Town of Lansing Planning Board! August 14, 2000 1 Rod Kearl explained that the Town Center Committee was trying to beautify the Town Hall . Mr. Kearl stated that 2 they have a plan that will be presented Wednesday night at the Town Board meeting . Jackie Baker stated that they . \ 3 would like as many people as possible to show up for that meeting . 4 Brad Griffin asked Tom Niederkom for his suggestion for a mode of attack . Mr. Niederkorn stated that they should 5 first address the issue that is directly affected by the moratorium, then they can systematically go through the last 6 version of the ordinance . 7 Brad Griffin stated that he will be out of town September 2 to September 15 , 2000, so the Vice Chairman will stand 8 in for him during that time . Viola Miller stated that they should have their next meeting on August 28 , Bud 9 Shattuck stated that at that meeting Larry Sharpsteen had asked that they have the U .N . A. presentation . Bud stated 10 that lie would have as many of the Town Board members present as possible. 11 Viola Miller moved to adjourn at 10 : 08 PM . Jackie Baker seconded . VOTE: ALL IN FAVOR. MOTION 12 CARRIED UNANIMOUSLY. 13 The next meeting will be held on August 28, 2000 . 14 15 Submitted by Robin Cornell • • • • ublic hearing prior to consideration of the FINAL plat for Phase II and III of the Lakevievv . cion . We re uest that this document be made art of the minutes of this . ublic hearin Detailed below are six major areas of concern to property owners to the north of the Lakeview Subdivision Ground water contamination from septic systems in the develo . ment Before the FINAL plat for Phase II and III of the Lakeview Subdivision is approved, there needs to be an environmental impact review of what the addition of 12 more septic systems will do to the ground water and wells of properties to the north (downhill) of the proposed development. The properties adjoining phase II to the north are not on the public water system and therefore are susceptible to any changes in surface water runoff or leeching from the septic systems in the development that enters the water table . If Phase H is approved and developed , there must be a plan for continual monitoring of the wells on the adjoining properties to ensure that there is no contamination . This monitoring is to be at the expense of the developer. • 2 ) Improper construction of drainage swale in Phase I and extension of the swale needed for Phase II As part of development of Phase I , the Town Planning Board and Town Engineer determined that a swale had to be built along the northern border of the development in order to stop runoff from entering adjacent properties . Before Phase II is approved , the current swale as constructed must be revised . There are two issues with regard to the swale . 1 ) The swale, as built, runs uphill and has standing water after each heavy rain and snow melt . Each spring we have to monitor the conditions in the swale . If snow accumulates in the swale , the water backs up and overflows onto our properties . This past spring after water began spilling onto our properties , the only way to avoid having the Parks home flooded again (the first flood caused over $ 10 ,000 damage to a finished basement) and to avoid the Sherman 's field from flooding again , was to shovel the snow out of a150 foot length of swale . We called Mr. Barden and were told that there was no responsibility on their part to alleviate the situation . Mr. Barden stated that maintenance of the swale was the responsibility of S Lakeview Subdivision concerns 1. t s• Input for public hearing prior to consideration of the FINAL. plat for Phase H and III of the Lakeview ,Subdivision . • , the Town of. Lansing . If that is true , whom do we call each spring to have the snow cleared out of the swale in order to avoid water entering our properties ? And who will mow the swale the remainder of the year. 2) The swale as built extends into the Phase LI portion of the development. It must now be extended the full length of the northern border of Phase II in order to ensure there will be no additional runoff problems as the roads and homes are developed . The extension must be completed and approved by the Town before any road or lot development is started . We ask that the Town Engineer oversee the construction of the swale this time to ensure that it in fact runs downhill . During the development of Phase I , we were promised by the Town Planning Board and the developer that the swale would be built before any road construction was started in the development . That did not happen . We finally had to call the contractor (Orchard) directly before anyone acknowledged that the swale would be done . We were also forced to obtain the services of a lawyer before any action was taken . The swale was not built until the day we were scheduled to meet with our lawyer and the town lawyer. This was months after the road construction was underway . • 3 ) Easement right-of-way for proper maintenance of the Swale Section . 607 Easements in the Subdivision Rules and Regulations states that " Where a subdivision contains a drainage right- of- way there shall be provided a storm easement, conforming substantially to the drainage way alignment , and providing such additional width as will be necessary to permit access for cleaning and repair. Said width is to be determined by the Planning Board or other appropriate town authority " . Was this done for the swale in Phase I? Who will be responsible to ensure that the above regulation for the extension to the swale that is needed for Phase II construction is adhered to ? 4) Deed restrictions for lots on the northern border of Phase Il As is now the case for lots 12 & 13 in Phase I , there will have to be deed 11111 . restrictions for lots 28 , 29 , 30 , 31 & 32 in Phase H . The restrictions for lots 12 & 13 reads as follows . " DRAINAGE DITCH AND SWALE . Lot owners of lots • Lakeview Subdivision concerns 2 :._. Input for public hearing prior to consideration of the FINAL plat for Phase II and III of the Lakeview Subdivision . numbered 12 & 13 over which a drainage ditch and swale shall run , shall maintain the ditch and swale and shall not build or erect any structure or obstruction within said drainage ditch and swale area " . Who is responsible for seeing that the deed restrictions are added to the deeds for the above mentioned lots in Phase II ? 5) Construction debris accumulating in undeveloped lots There is a pile of construction debris that must be removed. It is in the portion of the development slated for Phase H . In the restrictions for the lots in the development, signed by Mr. Mark Barden , on file at the county offices , article 19 states that " No lot shall be used or maintained as a dumping ground for rubbish " . Town of Lansing zoning regulations also restrict the creation and location of refuse dumps . The pile is an eyesore that is visible from our properties . It is also a danger to children that play in the area. We have called Mr. Barden three times concerning the debris . During one of the calls he stated that debris was on a construction site and was allowed. Since Phase H has not been approved there can be no construction site in that area . The third time he was called he said he was unaware of the problem but would have the debris removed. That was in March '00 , the debris is • still there . We are asking that the town officials instruct Barden & Robeson Corp . to remove the debris from the development, and also to instruct Barden & Robeson Corp . and contractors working in the development not to place Debris in any undeveloped lots in the future . 6) Insufficient survey markings on northern border of the development_ There is no clear way to determine the northern border of the development. There are conflicting survey stakes along our property lines . We are requesting that the border be resurveyed and clearly marked so that we know what portion of the existing hedgerow is within our property lines . This way we can ensure that trees and vegetation on our properties will not be cut down and will remain to form some barrier between our properties and the development. • Lakeview Subdivision concerns 3 input for public hearing prior to consideration of the FINAL plat for Phase 1I and III of the Lakeview ,Subdivision . We are asking that the Town Planning Board not approve the final plat for Phase II until the above issues are resolved to the satisfaction of the adjoining property owners and conveyed in writing as modifications to the final. Plat We do not want the same to happen with the development of Phase II as was experienced during Phase I . We expect the Town Planning Board to enforce the rules and regulations governing subdivisions and zoning in the Town of Lansing . We also expect the Town Engineer to do a better job of ensuring that construction of the swale is done properly . Had this been done during phase I development we might not have had to spend these last five years monitoring for water problems caused by runoff from the development . Respectfully submitted p Y Rert /701/4„..04. Ronald & Marcia Parks • 125 Triphammer Terrace Jac . & Diane Sherman 131 1 /2 Triphammer Terrace if Jack & Barbara Morse 131 Triphammer Terrace -411 Lakeview Subdivision concerns 4