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HomeMy WebLinkAbout2000-12-13 11 . , - . ? hu „+�r of L wrsOa. = Plana in Boon?, December it , 2000 1 1110 Other Business Brad Griffin stated that 'Jackie Baker could make it to tonight ' s meeting, it would not be until later. Brad 4 Griffin stated that they have Jackie ' s resignation letter. Brad stated that he would like to appoint a 5 nominating committee ohJackie Baker, Dave Hatfield , and Viola 1k/tiller, with the specific purpose of making b recommendations to the Planning Board or "Iowa Board for Jackie Baker' s replacement . Brad Griffin stated 7 that he would request that nominations be prepared For the First regular meeting in February for the Chair, 8 Vice Chair, Secretary, and Treasurer. Brad Griffin .Mated that he would choose to not stand again for the 9 position of Chain lb Viola Miller stated that she prefer that someone else to take her place on the Planning Federation which II meets the second Tuesday of every month . Brad Griffin stated that he would ask Bat the nominating 12 committee consider that as wail _ 13 Brad Griffin stated that he had a copy oda letter from Harry Willis, Associate Attorney for the Department of 14 State , to Stephen Farkas . Brad stated that i t arises as the result of comments at one of the Planning Board 15 meetings . Brad Griffin read the letter, which stated that no state statute requires the assignment of 16 independent legal council on a regular basis to either Town Planning Boards or to Zoning Boards of Appeal , 17 .111e letter also stated that when legal interests of the governing board kind the Zoning Board of Appeals are i13 in conflict it has been held that die %_:B , A, is entitled to retain legal council of its own choosing. 19 Brad Griffin stated that there was a notice from the Tompkins County Health Department that there would 20 be public meetings regarding revising sewer system regulations . The first meeting would be on Thursday, 21 December lb at d ; bd TIM in the Rice Conference Room at 441 Barris Dates Drive. The second meeting 22 would be held at the sane location on Friday, December 15 at 9 : 30 AM . apBrad Griffin stated that he has a copy of the budget and they are up for essentially the same budget as the 24 previous year. 25 .Brad Griffin added that there was going to be a Public information meeting on the Proposed ening 26 Amendments on Wednesday, December 13 , 2400 et 7 : 00 PM. 27 public Hearin, drtni 1Coung Subdivision, Tax Map # 44 .- t -35 (Cont.) — Gregg Travis moved to close the 28 public hearing . Lin Davidson seconded . VOTE : ALL IN FAVOR. MOTION CARRIED 29 UNANIMOUSLY , 30 Gregg Itavis moved to accaBt the subdivision as submitted , Lin 'Davidson seconded , Vfdfh : ALL IN 31 FAVOR . MOTION CARRIED UNANIMOUSLY, 34 John Young asked horn many maps he would need to bring in to have signed , George Tot]nan replied that 33 he needs at least d plus however many Mr. Young would need for himself, 34 Approval. of Minutes of 11 ! 13 /00 — free 2, Line 39 . . . Lin (Davidson corrected . . . . that he , too, had voted for 35 aajor subdivision , Lin Davidson ]roved to accept the minutes as corrected . Viola Miller seconded_ 36 VOTE : ALL lB FAVOR . MOTION GA.RR] ED UNANIMOUSLY , 37 Committee Reports 33 Sewer Committee •- Luny Sharpsteen stated that the committee was ntoving towards a public information 39 meeting_ They were waiting for some information to come back from the joint municipal task force . Larry 40 Sharpsteen sated that they have not had a meeting in the interim , hal es soon as they have another meeting, 41 the plan is to go ahead with the informational meeting , illBAC ,- Canty hharpsteao stated that the activity right now tends to center around the completion of the ad explanation of the U A document and then there will be a general thrust to try to get various municipalities ra to use the document and get some feedback on le Larry stated that basically, the next thing an the radar 45 scope will be the watershed characterization presentation , I' I 2 Town of ansing Monday, December 13 , 2000 7 : 30 PM PLANNING BOARD 4 P-LANN.iNG BOARD MEMBERS 5 r ikiKutcs prescull 6 * Brad Griffin, Chair * Jacoba Baker 7 Larry Sharpsteen * Lin Davidson 8 * Viola Miller David Hatfield 9 * Gregg Travis 10 11 * Bud Shattuck , Town Councilman 12 * George 'Forman, Zoning and Code Enforcement Officer 13 Public Present 14 Paul Costantini 1 Whispering Pines Drive 15 Ron Ronsvalle 680 Ridge Rd 16 Dan Signore 153 White Church Rd 17 John Young 410 Triphammer Rd 18 Doug Firth 26 Aspen Way 19 Walter Poland 7 Triphammer Terrace 20 Janet Keefe 4 Dandyview 1-Its 21 Peter DeLorme 186 Buck Rd Dave & Julie Eastman 1245 Warren Rd 1p Paul Thomas 1250 Warren Rd 24 Tom Policay 1257 Warren Rd 25 John Sterling 1251 Warren Rd 26 Nancy Sterling 1251 Warren Rd 27 28 GENERAL BUSINESS 29 Brad Griffin opened the meeting at 7 : 30 PM. 30 Public Hearing, John Young Subdivision , Tax Map # 44.- 1 -35 - Brad Ciriflin read the legal notice and 31 opened the public hearing . George Tatman read a letter from a neighbor in support of the subdivision . 32 Brad Griffin asked if there were any other drainage features that were not shown on the topography. Mr. 33 Young stated that there were not, that it was gradually sloping and it was an open field . 34 Mr. Young explained that these 2 properties were originally part of the same farm . Mr. Avramos purchased 35 the part of the farm that was in the village, and Mr. Young purchased the part that was in the town . Mr. 36 Young added that now Mr. Avramos wanted a little more land adjacent to his, but it happens that this land is 37 in the town, not the village so it could riot be done as a boundary change . 38 Gregg 'Travis asked if there was an area for a culvert pipe there . Mr. Young responded that there is already 39 one there as there is an easement there owned by Bolton Point Water Authority and they drive through there 40 occasionally to maintain their water lines. Mr. Young stated that there really isn ' t much of a ditch there, and 41 you could probably drive a car through it. aBrad Griffin asked if there was anyone from the public had anything they wanted to say regarding this •. � subdivision . No one responded . 44 Gregg Travis moved to accept the subdivision as submitted contingent upon no public coming in with any 45 input during the next five minutes . Lin Davidson seconded . I . 3 Town n f• La nsiJIO Planning Board, 1 dwr f 1 , 55M Zoning Officer — George Tolman stated that at 34531 . Triphammer Rd , there is a house that is for sale , that 2is going to be purchased by an organization and will be used tis en adult mental health residential home, 9 George stated that it could possibly have about 5 adults living there under supervision in that residential neighborhood . George Roteian stated that it is allowed under the ordinance with bite Plan Review and also 5 under the New York State Raw, if it is not saturated in the area , you can cot turn it down . George stated that the Town Board has the formai application and they have 40 days to respond . 7 Larry Sharpsteen added that the property would be owned by the Franoiska ]tacker Centers , which used to be 8 the Special Children ' s Center- Lazy Slieorteen stated that he has inspected many of these homes for the 9 Center. Lead stated that the ones lie has inspected and looked at the homes are in regular neighborhood , l0 they are staffed 24 hours per day, and the transportation needs are taken care of by the Recker Center, i i Viola Miller asked how they are funded . Larry dharpsteee replied that they are privately funded - George is Tatman stated that the neighbors are not happy . Larry dharpsteen stated that lie had some calls Runs the 13 neighbors asking what the Town could do to stop it and he cited the State law . Larry stated that he ac e 14 understand the concerns of the neighbors . 15 Public Hearing — Donald Ronsvalle, Subdivision Request Tax Map # PIO 39.4-6 -- Brad Griffin read the 16 legal notice and opened the public hearing at 8 : 41 PM- 17 Ran Signore passed out copies of the subdivision maps . Larry Sharpsteen asked at the last meeting, 18 according to the minutes, Jackie Baker had asked if these were going to be I orb story duplexes, but he was 1e not sure if the question was answered , Mr. Signore stated that they would be 2 story. Georges Tolman stated 20 that the part of the project that has already started, and peooltted , are 2 story, 2 family residences witlh 51 garages. 22 Gregg Travis asked i f" there is public water there and if so, would he be Connecting to it . Ron Ibonsvalle all replied that there is public water, and they would be connecting to it. Gregg stated that it should be shown on the chap , Gregg asked if there would also be landscaping around the property , Mr. Gonsvelle replied that 25 there would be . Larry hharpsteen asked if Mr , Runsvalle .foresaw any of the landscaping affected the 26 drainage- Mr. Ronsvalle replied that lie did not . 27 Larry dharpsteen stated that these are not the only duplexes in the neighborhood and it does not take Carey 28 from the character of the neighborhood , hero Sharpsteen stated that even under the original intent of the 29 ordinance , duplexes were allowed in .R1 . 30 Brad Griffin stated that according to the topography, there would appear to be two drainage ways , one that 3 I runs off to Asbury Rd and the other along a south boundary. onto Warren Rd- Brad Griffin asked if that teas 32 an accurate depiction . Mr. Itonsvalle replied that it was. 33feeble Baker entered at 8 : 13 14M , 34 Richard Thaler stated that he owns the property on the west side of 'Warren Rd . Mr- Thaler asked where the 35 water is supposedly going after it leaves the east side of Warren Rd and the south side of Asbury- Mr , Thaler 36 stated that it is going onto his property, Ran Signore stated that he did DOT think so . Mr. Signore stated that 37 there was a ditch . Gregg Travis stated that there is culvert shown on the map - Mr. Thaler stated that from re there it goes on his property . Mr. Thaler stated that lie would tell thea~ what he would do , he would dam it 39 up when it comes on his property, 40 Mr. Thaler stated that he did a survey of the property that he awns , in trying to develop the property. ads. 41 Thaler stated that the only way that property could be developed is to put in a package plant for sewage . Mr. esThaler said that was wdat the health departmient told him because of the Contamination to the creek because �-1 all the drainage goes on his property and then into the creek Gregg Travis stated that what theyhave is a subdivision on the east side s side oFthe road , with a county culvert, 45 and it" that culvert discharges on Mr. Thaler ' s property, that would be a problem bet� 'een him and the 46 county, nota problem between him and this landowner, because the drainage already goes nit his property , r rr 4 Trim of Tarsfwm. Magnin Ooord, DecerrOer 1t , 2000 1 Mr. Thaler stated that he thought they should take some input from the Department of Environmental 2 Conservation in Cortland because they were the ones that told him that he would have to have a package ipplant to develop the property that is subject to being developed here . Gregg Travis stated that perhaps that is what the landowner has done . Gregg Travis added that die landowner has to get a permit from the health 5 department to develop the property, and that is not the Planning Board ' s judgment . Mr . Thaler stated that 4 they are being asked to approve a final plat plan that is woefully inadequate . 7 John Sterling stated that he would like to approach the board with some materials pertaining to drainage- 8 Brad Griffin told hint to come forward , Mr. Sterling explained that several years ago Mr. Hamill approached 9 the Planning Committee with a plan and several people in the community raised questions its regard to that 12 plan - Mr, Sterling stated that he was going to talk to them about a diversion ditch that crosses his property, 11 but affects the Policay, Eastman , and Sterling residences, and possibly the 2 properties across the road 12 owned by Thaler and Thomas . lb Mr- Sterling explained the drawing- Mi . Sterling stated that when lie moved there in 1984, they had to clear 14 the diversion ditch , at their own expense , so that the ranter would stop flowing onto the Sterling, Eastman, 15 and Policay properties - M3-, ,Sterling that 4 years ago , Mr . I-] agin approached the Board for a development in tb the area, Mr. Sterling stated that at that time, they brought up the issue with the diversion ditch , Mr. 17 Sterling stated that on October 7 , 1997, however, Mr, Hagin dammed up the culvert et item Don the map IS and diverted the water down a small ditch that he opened with a tractor pulling a blade . Mr. Sterling stated 19 that because that ditch has not been maintained, it sometimes breaks across onto Policay, Sterling, and 20 sometimes Eastman properties. Mr- Sterling presented and explained photographs of the ditch and the eater 21 situation . Mr. Sterling stated that he is asking whether or not the deed that roes transferred to Mr. Ronsvalle 22 includes the fact that they need to maintain an appropriate diversion ditch to carry the water . The Board 23 discussed the ditch . Brad Griffin stated that it appears to hire that if there is a drainage problem , it would be 24 one that bath Mr. Sterling and the developer would suffer from . Mr. Ronsvalle agreed - Mr. Ronsvalle stated 4. that he thinks it is accurate . Mr- Signore stated that it is an active ditch, with a difference in elevation of 24 about 6 feet. Mr. Sterling staled that you would only have to take a look at the photographs to see that the 27 water does not move . Mr- Signore asked when the pictures were taken , Mr. Sterling replied that they were 28 taken in 1997 , but it has not been touched since - Mr. Sterling stated that lie would ask that the Board go up 29 to take a look at the ditch . 30 Tom holivay stated that he is the neighbor right next door to this property. Mr. Policay stated that Si construction is going on 7 days a week . Mr. Policay stated that the construction is about dk feet How the 32 property line and him is backing up around the foundation, just about blocking the ditch right now. PIr 33 Policay stated that he does not understand hove this was cleared prior to this hearing and construction already 34 started . George Totman explained that it is possible because they got building permits . George stated that 32 they subdivided the parcel into Mo lots, and got a building permit for 1 duplex with attached garage; for 36 each parcel . Mr. Tolima]] stated that with the rest of the land , they want to subdivide it into 2 additional lots . Sr Mr, Thaler stated that nines it a major subdivision . Lin Davidson responded that is why they are holding 38 the public hearing . 39 David Eastman stated that they have only seen a rough sketch of the proposal, and he was wondering if they 40 were here to look ata final plat approval , Mr. Eastman asked if there was a preliminary plat done. Gregg a1 Travis explained that the preliminary plat was approved at the last meeting . Mr. Eastman asked how 42 building perniits were issued her this development before the subdivision was approved . Larry Sharpstcen 43 responded that they did a one-lot subdivision , so that there were two lots . Larry stated that it was perfectly 44 legal to issue the two building permits , one tor each lot . 45 Brad Griffin stated that he would add to that explanation that years ago, the Code }Enforcement Officer was empowered to do single lot subdivisions unilaterally . Brad explained that was done with the original tot- Then when they wanted to divide the lot again , it 'ryas drought to the Planning Board , and they determined it 48 to then be a major subdivision . Brad added that in the. interim , and legally so , building permits we issued for 49 those two lots . . F 5 Town pf Lanshm Pfaow2w heard, December I Jr, 20U61 1 Richard Thaler asked that with the application for a major subdivision , if they had completed a . ER- 2 George Totman replied that it had been done . Mr. Thaler asked Mr . 'Tatman if he had provided them with a 4.1 copy of it . Mr. Thaler stated that he would like to see a copy of it and would like to know if he has any environmental impact . Mr. Totman replied that at the last meeting, and the Board declared e short form 5 negative declaration . Mr. Thaler asked if they did that on an application by the developer. Mr . Tatman 6 replied that was correct . Mr- Thaler asked if they did it without contacting the Department of Environmental 7 Conservation - Mr- Totrnan replied that was correct. Afr. Thaler asked if they did that based on Mr- 8 Ronsval le representation - Mr- Totman stated that it was based on the knowledge that the Planning Board 9 had. Mr. Thaler asked if he did have any environmental impact, what are they going to do then ? Farad ie Griffin stated that the Planning Board has always been responsible for its actions or in- actions . Mr . Thaler stated that he was going to call the Department of Rnuironmentel Conservation tomorrow and advise them 12 that he thinks this is in violation of Godwin ' s Creek (Environmental Survey . 17 Viola Miller stated that the purpose of a hearing is to bring forth any information that they have to consider 14 and that they do not always approve something right after the hearing . Mrs . Miller added that the Planning 15 Board takes into consideration the things that are brought before them . Mrs . Miller stated that one thing they 16 have worked very hard at over the past many years is the issue of drainage and that is why they asked for the 17 drainage infonnation at the last meeting. Viola 'Miller suggested that: the Planning .hoard have the Town lb Engineer take a look at the property, as they have done in the past when there was a question . 9 David Eastman asked about the right-of-way that was planned for Mr. Hadin ' s development of that property 20 in accordance with Sec . 602 in the Development Standards . Lin Davidson replied that in larger 21 developments they try to request a right of way for access to other lands, but in this case , the development is 22 small enough and the remaining Rabin property already has adequate road frontage . George Totman stated 23 that the plan to which Mr. Eastman was referring was approved as a subdivision , but ddr, Hagin never bled it 24 so it became null and void . IDRichard Thaler asked if there was going to be one curb cut and one. culvert for this subdivision . George 26 Totman replied that is correct . 27 Brad Griffin stated that with regard to sewage system , the R . R . T . make very clear delegation to primary 28 jurisdiction to Tompkins County Health Department. Brad stated that while Mr. Thaler' s allegations are not 29 suggested to be unfounded , he may begin his search there . Mr. Thaler stated that may be true except in a 30 watershed and they do not give up jurisdiction in a watershed . Brad Griffin agreed that is true in terms of 31 drainage . George Tolman stated that Asir. Ronsv1Lile did have. Health Department approval for the septic 32 systems 33 Mr. Sterling stated that it appeared to him that this proposal developed with those involved to date, by 34 almost making an end we in order to get this major subdivision approved . kdr. Sterling stated that he said 35 that because the construction had begun o » taro lots , and had the project been proposed in total it would have 36 been proposed as hour it becomes a situation where since trvo are already approved, t:he other two become 37 automatic , Ronald .Ronsvalle strongly objected to that those allegations and does not appreciate that . 38 Paul Constantini stand that theme is e building being built on the lamer lot, with health department approval 39 for a sewage system . Mr. Constantine asked if this subdivision is approved , what happens to the health 40 department approval that it gave for the large lot and can this building go forward . Larry Sharpsteen replied 4 ] that, as had happened in other subdivisions , the health department will not allow the lot to be built on if it in 42 any way infringes on the ability of the soil to carry the septic system . 43 Gregg Travis (Lin Davidson motioned to adjourn at 9 : tddk - ldavid .Hatfield seconded . DTE. : ALL IN FAVOR . MOTION CARRIED URBR1MRUSLY. 46 The next meeting will be held on January 8 , 2001 at 7 : 30 PM . 47 Submitted by Robin Cornell 4 d r1 2 Townof ansing 9 Monday, December 13 , 2000 7 : 30 PM PLANNING BOARD 4 PLANNING BOARD MEMBERS 5 .14 Datild OM) 6 * Brad Griffin, Chair * Jeceba Baker 7 L*]Ty Sharpsteen * Lin Davidson 8 Gioia Miller David Hatfield 9 * Gregg Travis 10 11 * Aad Shattuck, ' down Councilman 1. 4 * George Delman, doninie and Code EnCurcement Officer l3 Public Present 14 Paul Costentini I Whispering Pines Drive 15 Ron RenseCllc 780 Ridge Rd Id Den Sigdiore 153White Church Rel 17 John Young 410 Triphammer Rd 18 Doug Firth 26 Aspen Way 17 falter Poland 7 Triphammer Terrace 20 Janet Keefe 4 Dandyview I-Its 21 Peter Idedorme 186 Buck Ind ScDave P Julie rastoean 1247 Warren Rd up Paul Thomas 1250 Warren Rd 24 Tern Pol ieay 1257 Warren Rd 25 John Sterling. 1251 ddaovn Rd 26 Nancy Sterling 1251 Warren Rd 27 • 28 GENERAL BUSINESS do Brad dirdGn opened the meeting at 7 : 30 PM . 30 Public Hearing, helm Young Subdivision, Tax Map # 44 .- 1 -db — Brad Griffin read the legal notice and 31 opened the public hearing- George fotman read a leder front a neighbor in support of the subdivision . 32 Brad Griffin asked if there were any other drainage features that were not shown on the topography. Mr, 33 Young stated that there were not, that it was gradually sloping and it was an open held . 34 Mr. Young explained that these d properties were originally part or the same farm . r. Aoramos purchased 35 the pat of the farm that was in the village, and Mr, Young purchased the part that was in the town . dde. 36 Young added that nor M.e. cdvremos wanted a little more land adjacent to his, but it happens that this land is 37 in the town, not the village so it could not be done as e boundary Mande . 38 Gregg Travis asked if was an area lora culvert pipe there . Mr. Young responded that there it already 39 one there as there is an easement there owned by Bolton Point Water Authority and they drive through there 40 occasionally to maintain their water lines - rvir. Young stated that there really isn ' t much oda ditch there; and 41 you could probably drive a ear through it. 'BradGriffin asked it" there was anyone From the public had anything they wanted to say regarding this Subdivision - .No one responded . 44Gregg Travis moved to accept the subdivision as submitted contingent upon no Public coming in with any 45 1119111 during the next live minutes . din Davidson seconded . f i a ? Tow of Lapsing P1wurirro Ooeo5 December 11 . 20000 • 40 Other Business Brad Griffin stated that Jackie Baker could make it to tonight ' s meeting , it would not be until later. Brad 4 Griffin stated that they have Jackie ' s resignation letter . Brad stated diet he would like to appoint a 5 nominating committee of Jackie Baker, Dave I•lattield , and Viola Miller, with the specific purpose of making 5 recommendations to the Planning Board or Town Board for Jackie Baker ' s replacement. Brad Griffin stated 7 that lie would request that nominations be. prepared for the First regular meeting in February for the Chair, 8 Vice Chair, Secretary, and Treasurer. Brad Griffin stated that he would choose to not stand again For the 9 position of Chair. 10 Viola ' filler stated that she prefer that someone else to take her place on the Planning Federation which i i meets the rowed Tuesday of every month , Brad Griffin stated that he would ask that the nominating 12 committee consider that as well . 13 Brad Griffin stated that he had a copy of a letter from Harry Willis , Associate Attorney for the Department of lb State , to Stephen Farkas . Brad stated that it arises as the result of comments at one of the Flannieg Board 15 meetings . Brad Griffin read the letter, which stated that no state statute requires the assignment of 14 independent legal council on. e regular basis to either Town Planning Boards or to Zoning Boards of Appeal . 17 The letter also stated that when legal interests of the governing board and the Zoning Board of Appeals are is in conflict it has been held that the ..lh . V . is entitled to retain legal council of its own choosing. 19 Brad Griffin stated that there was a notice fi-oar tdo Tompkins County Health Department that there would 20 be public meetings regarding revising sewer system regulations - The first meeting would be on Thursday, 21 December 14 at 7 : 00 PM in the ] ice Conference loom et 40 I .E•lan-is Dates .Drive , The second meeting sc would be held et the same location on ltffey, December 15 at 9 : 30 A.M.. Brad Griffin stated that he has a copy of the budget and they are up for essentially the same budget as the lii previous year. 55 Brad Griffin added that there was going to be a Public. Information meeting on the Proposed Zoning 55 Amendments on Wednesday, December 13 , 2000 at 7 : 04 PM . 27 Public Hearing, John Young Subdivision, Tao Map # 44 .- t -35 Wont.) — Gregg .Travis mooed to close the 28 public hearing , Lin Davidson seconded , VOTE : ALL INFAVOR . MOTION CARRIED 29 UNANIMOUSLY . 30 Gregg Travis moved to accept the subdivision as submitted . Lin Davidson _seconded - VOT1 : ALLEN 31 FAVOR. MOTION ARRIE)) UNANIMOUSLY . 32 John Young asked how many maps he would need to bring in to have signed . George Totman replied that 33 he needs at lust 2 plus howciver many Mr. Young r 'oeid need for himself, 34 Approval of Minutes of 11/13/00 - Page 2, Line ,39 - , . Lin Davidson corrected - . - . that he , too , had voted for 35 a Major subdivision . Lin Davidson ewued to accept the minutes as con-ected - viola Miller seconded . 36 OTE : ALL IN FAVOR, MOTION ATTIJ1ED UNANIMOUSLY . 37 Committee Reports 38 Sewer Committee — Larry dharfsteen slated that the committee was moving towards a public information 39 meeting . They were waiting for some inf000etion to come back from the joint municipal task force . Larry 40 Sharpsteen stand that they have not had e meeting in the isterlin , dirt its rote as they have another meeting, 4 1 the plan is to go ahead with the informational meeting . Ail dMA - Larry khaipsteen stated that the activity right now tends to center around the completion of the 43 explanation of the U A document and then there will be a general thrust to try to get various municipalities 44 to use the document and get some feedback on il- Lany stated that basically, the next thing on the radar 45 scode will be the watershed characterization presentation . r i ., 3 '1'uwfr of Lansing Planning Board, December 11 , 2000 1 Zoning Officer — George Tolman stated that at 3053 N . Triphammer Rd, there is a house that is for sale, that 2 is going to be purchased by an organization and will be used as an adult mental health residential home . George stated that it could possibly have about 5 adults living there under supervision in that residential • neighborhood . George Tolman stated that it is allowed under the ordinance with Site Plan Review and also • 5 under the New York State Law, if it is not saturated in the area , you can not turn it down . George stated that 6 the Town Board has the formal application and they have 40 days to respond . 7 Larry Sharpsteen added that the property would be ov ned by the Franziska Racker Centers, which used to be 8 the Special Children ' s Center. Larry Sharpsteen stated that he has inspected many of these homes for the 9 Center. Larry stated that the ones he has inspected and looked at the homes are in regular neighborhood, 10 they are staffed 24 hours per day, and the transportation needs are taken care of by the Racker Center. 11 Viola Miller asked how they are funded . Larry Sharpsteen replied that they are privately funded . George 12 Totman stated that the neighbors are not happy. Larry Sharpsteen stated that he had some calls from the 13 neighbors asking what the Town could do to stop it and he cited the state law. Larry stated that he can 14 understand the concerns of the neighbors. 15 Public Rearing - Ronald Ronsvalle, Subdivision Request Tax Map # P/0 39.- 1 -6 - Brad Griffin read the 16 legal notice and opened the public hearing at 8 : 01 PM . 17 Dan Signore passed out copies of the subdivision maps . Larry Sharpsteen asked at the last meeting, 18 according to the minutes, Jackie Baker had asked if these were going to be 1 or 2 story duplexes , but he was 19 not sure if the question was answered . Mr. Signore stated that they would be 2 story. George Tolman stated 20 that the part of the project that has already started, and permitted , are 2 story, 2 family residences with 2 21 garages . 22 Gregg Travis asked if there is public water there and if so , would he be connecting to it . Ron Ronsvalle replied that there is public water, and they would be connecting to it. Gregg stated that it should be shown 7n on the map. Gregg asked if there would also be landscaping around the property. Mr. Ronsvalle replied that 25 there would be. Larry Sharpsteen asked if Mr. Ronsvalle foresaw any of the landscaping affected the 26 drainage . Mr. Ronsvalle replied that he did not. 27 Larry Sharpsteen stated that these are not the only duplexes in the neighborhood and it does not take away 28 from the character of the neighborhood . Larry Sharpsteen stated that even under the original intent of the 29 ordinance, duplexes were allowed in Itl . 30 Brad Griffin stated that according to the topography, there would appear to be two drainage ways, one that 31 runs off to Asbury Rd and the other along a south boundary onto Warren Rd . Brad Griffin asked if that was 32 an accurate depiction . Mr. Ronsvalle replied that it was . 33 Jackie Baker entered at 8 : 13 PM . 34 Richard Thaler stated that he owns the property on the west side of Warren Rd . Mr. Thaler asked where the 35 water is supposedly going after it leaves the east side of Warren Rd and the south side of Asbury. Mr. Thaler 36 stated that it is going onto his property. Dan Signore stated that he did not think so . Mr. Signore stated that 37 there was a ditch . Gregg Travis stated that there is culvert shown on the map . Mr. Thaler stated that from 38 there it goes on his property. Mr. Thaler stated that he would tell them what he would do , he would dam it 39 up when it comes on his property. 40 Mr. Thaler stated that he did a suivey of the property that he owns, in trying to develop the property. Mr. 41 Thaler stated that the only way that property could be developed is to put in a package plant for sewage . Mr. 42 Thaler said that was what the health department told him because of' the contamination to the creek because 43 all the drainage goes on his properly and then into the creek 4Gregg Travis stated that what they have is a subdivision on the east side of the road , with a county culvert, 45 and if that culvert discharges on Mr. Thaler ' s property, that would be a problem between him and the 46 county, not a problem between him and this landowner, because the drainage already goes on his property. r 4 town n{' !„arr.srrro Manning Board, Ltwet.E.i u 1 i , 2000 I Mr- 'Thaler stated that he thought they should take some input from Be (Department of Environmental 2 Conservation in Cortland because they were the ones that told him that he would have to have a package i 1 p plant to develop the property that is subject to being developed here . Gregg Travis stilted that perhaps that is what the landowner has done . Brepp Travis added that the landowner has to get a permit from the health 5 department to develop the property, and that is not the Planning .Board ' s judgment- ddr. Thaler stated that 6 they are being asked to approve a Final plat plan that is woefully inadequate . 7 John Sterling stated that he would like to approach the board with some materials pertaining to drainage. 8 Brad Griffin told him to come forward . Mr. Sterling explained that several years ago Mo Hagin approached 9 the Planning Committee with a plan and several people in the community raised questions in regard to that id plan . [sir. Sterling stated that he was going to talk to them about. a diversion ditch that crosses his property, 11 but affects the Policay, Eastman , and Sterling residences, and possibly the 2 properties across the road 12 owned by Thaler and Thomas. 13 Mr . Sterling explained the drawing- Mr. ,Sterling stated that when lie moved there in 1984, they had to clear I4 the diversion ditch , at their own expense, so that die }Fater would stop flowing onto the Sterling, Eastman , is and Policay properties. Mr. Sterling that 4 years ago , Mr Hagin approached the Board for a development in Id the area. Mr. Sterling stated that et that time, they brought up the issue with the diversion ditch . Mr. 17 Sterling stated that on October 7 , 1997, however, Mr . Hagin dammed up the culvert et item D on the snap 18 and diverted the water down a small ditch that he opened with a tractor pulling a blade- Mr- Sterling stated to that because that ditch has not been maintained, it sometimes breaks across onto Policay, Sterling , and 20 sometimes Eastman properties. Mr. Sterling, presented and explained photographs of the ditch and the water 21 situation - Mr. Sterling stated that he is asking whether or not the deed that was transferred to Mr. Ransvalle 22 includes the fact that they need to maintain an appropriate diversion ditch to carry the water. The Board 23 discussed the ditch . Brad Griffin stated that it appears to hint that if there is e drainage problem , it would ld be 24 one that both Mr. Sterling and the developer would suffer from . Tdr. Rw nsval le agreed . Mr. Ronsvalle stated elthat he thinks it is accurate . Mr- Signore stated that it is an active ditch , with a difference in elevation of 216 about 6 feet, Mr. Sterling stated that you would only have to take a look at the photographs to see that the 22 water does not move . Mr- Signore asked when the pictures were taken . Mr. Sterling replied that they were 28 taken in 1997 , but it has not been touched since . Mr. Sterling stated that he would ask that the Board go up 29 to take a look at the ditch , 3d Tom Policay stated that he is the neighbor right next door to this property. hdr. Policay stated that 31 construction is going on 7 days e week. Mr. Policay stated that the construction is about 50 feet from the 32 property line and dirt is backing up around the 1"oundetion , just about blocking the ditch right now . Mr. 33 Policay stated that he does not understand how this was cleared prior to this hearing and construction already 34 started - George Tatman explained that it is possible because they got building permits . George stated that 35 they subdivided the parcel into two lots, and got a building permit for 1 duplex with attached garages For 36 each parcel . i1Sr. Tatman stated that with the cost of the land , they want to subdivide it into 2 additional lots . 37 dde Thaler stated that malas it a major subdivision - Lin Davidson responded that is why they are holding 38 the public hearing . 39 David Eastman stated that they have only seen a rough sketch of the proposal , and he was wondering if they 40 were here to look ata final plat approval - Mr, Eastman asked if there was a preliminary plat done. Gregg 4l Travis explained that the preliminary plat was approved at the last meeting . Mr . Eastman asked how 42 building permits were issued for this development before the subdivision was approved - Larry Shnrpsteen 43 responded that they did a ane- lot subdivision , so that there were two lots . Larry stated that it was perfectly 44 legal to issue the two building pennits, one for each lot. 45 Brad Griffin stated that he would add to that explanation that years ago , the Code ]Enforcement Officer was 4. empowered to do single lot subdivisions unilaterally. Brad explained that was done with the original lot . 47 Then when they wanted to divide the lot again , it was brought to the Planning Board , and they deterrelved it 48 to then be a major subdivision . Brad added that in the interim , and legally so, building hermits we issued for 49 those two lots . 1 1 : 5 Town of f.rrrrsieJ Planni tr; Board. December l t , 2202 1 Richard Thaler asked that with the application fora major subdivision , if they had completed a SEQR . 2 George Tatman replied that it had been done. Mr. Thaler asked Mr. Totwan if he had provided them with a 0 copy of it. Mr. Thaler stated that he would like to see a copy of it and would like to know if he has any environmental impact . Mr, Tolman replied that at the last meeting, and the Board declared a short form 5 negative declaration . Mr . Thaler asked if they did that on an application by the developer- Mr. Totman 6 replied that was correct . Mr . 'Thaler asked if they did it without contacting the Department of Environmental 7 Conservation . Mr. Totnran replied that was correct. Mr. Thaler asked if they did that based on Mr . Bonsvallc representation . Mr. Tatman stated that it was based on the knowledge that the Planning Board 9 had . Mr. Thaler asked if he did have any environmental impact, what are they going to do then ? Brad i0 Griffin stated that the Planning Board has always been responsible for its actions or inwactions . Mr. Thaler 11 stated that he was going to call the Department of Environmental Conservation tomorrow and advise there 12 that he thinks this is in violation of Godwin ' s Creek Latoironmental Survey. 13 Biala Miller stated that the purpose oda hearing is to bring forth any information that they have to consider i 4 and that they do not airways approve something right tiler the hearing . Mrs- Mi ler added that the Planning 15 Board takes into consideration the things that are brought before them . Mrs, Miller stated that one thing they Ih have worked very hard at over the past many years is the issue of drainage and that is why they asked for the r7 drainage infoniration at the last meeting , Viola Miler suggested that the Planning Board have the Town 18 Engineer take a look at the property, as they have done in the past when there was a question . I 9 David Eastman asked about the right- of-way that was planned for Mr. Idapin ' s development of that property 20 in accordance with Sec . 602 in theDevelopment Standards. Lin Davidson replied that in larger 21 developments they try to request a right of way for access to ether lands , but in this case, the development is 22 small enough and the remaining Hagin property already has adequate road frontage . George 'outran stated 23 that the plan to which Mr . Eastman was refcn-inp was approved as a subdivision , but Mr, Flapin never tiled it 24 so it became nail and void . Richard Thaler asked if there was going to be one curb cut and one culvert for this subdivision , George 26 'l otnian replied that is correct. 27Brad Griffin stated that with regard to sewage system . the D.E.C. make very clear delegation to primal-3.e • 28 jurisdiction to Tompkins County Health Department .ment . Brad stated that while this. baler' s allegations arc not 29 suggested to be unfounded , he may begin Iris search there- Mr. Thaler stated that Bray be true except in a 30 meatershed and they do not give up jurisdiction in a watershed , Brad Griffin agreed that is true in terms of 31 drainage. George Totinan stated that Mr. Ronsval le did have Health Department approval for the septic 32 systems, 33 'Mr . Sterling stated that it appeared to hint that this proposal developed with those involved to date, by 34 almost making an end ma in order to get this major subdivision approved - Mr. Sterling stated that he said 35 that because the construction had begun on two lots , and had the project been proposed in total it would have 36 been proposed as four it becomes a situation where since two are already approved, the other two become 37 automatic . Ronald Ronsvalle strongly objected to that those allegations and does not appreciate that . 38 Paul C'onstantini stated that there is a building being built on the larger lot, with health department approval 39 fora sewage system - Mr. Bonstantini asked if this subdivision is approved, what happens to the health 40 department approval that it gave for the large lot and can this building go forward . .Larry Shaipsteen replied 41 that, as had happened in other subdivisions , the health department will not allow the lot to be built on lilt in 42 any way infringes on the ability of the soil to carry the septic system . ' 43 Gregg Travis 4 Lin Davidson motioned to adjourn at 9 : tddP - David Hatfield seconded . VOTE : ALL TN FAVOR. a� MBB1BB CARRIED UN NTM1BUSL . 46 The next meeting will be held on January 8 , 2001 at 7 : 30 PM . 47 Submitted by Robin Cornell I'; 5 ,71 , •: ■ 2 Town ansa ip Monday, December 13 , 2000 7 : 30 PM PLANNING BOARD 4 PLANNING BOARD MEMBERS 5 c • l}cilutrspr3�s 6 * Brad Griffin, Chair * Jacoba Baker 7 Larry Sharpsieen '" Lin Davidson 8 * Fiala Miller David HaLlie] d 9 * drcgg Travis 10 11 * Bud Shattuck, Town Councilman 12 * George ' I 'utman, finning red Cade Enforcement Officer 13 Public Present 14 Paul Costantini 1 Whispering Pines Drive 15 Ron Ronnual ] e 680 Ridge Rd 16 Dan Signore 153 White Church Rd 17 John Young 410 Triphammer Rd 18 Doug Firth 26 Aspen Way 19 Walter Poland 7 Triphammer Terrace 24 Janet Keefe 4 Dandyview His 21 Peter DeLormt: 186 Buck Rd enDave & Julie Eastman 1245 Warren Rd Paul Thomas 1250 Waren Rd 24 Roar I 'olieay 1257 Waren Rd 25 John Sterling 1251 Warren Rd 26 Nancy Sterling 1251 Warren Rd 27 28 GENERAL BUSINESS 29 Brad Griffin opened the meeting at 7 : 3d PM.. 30 .Public M.eariur, John Young Subdivision , 'l ' ax Mao # 44 ,-1-3h -- Brad Griffin read the legal notice and 31 opened the public hearing . George Totrnan read a letter from a neighbor in support of the subdivision . 32 Brad Griffin asked if there were any other drainage features that were not shown on the topography. Mr. 33 Young stated Rat there were not, that it was gradually sloping and it was an open field . 34 .Mr . Young explained that these 2 properties were originally part of the same faun , lvdr, Avramos purchased 35 the part of the farm that was in the village, and Mr. Young purchased the part that was in the town . Mr. 36 Young added that now Mr. Avramor wanted a little more land adjacent to his , but it happens that this land is 37 in the town , not the village so it could not be done as a boundary change_ 38 Gregg Travis asked if there war an area fora culvert pipe there . Mr. Young responded that there is already 39 one there as there is an easement there owned by Bolton Point Water Authority and they drive through there 44 occasionally to maintain their water lines . Mr. Young stated that there really isn ' t much oda ditch there, and 41 you could probably drive a car through it . Brad Griffin asked ifthere was anyone from the public had anything they v,ranted to say regarding this • subdivision . No one responded . Dregd Travis moved to accept the subdivision as submitted contingent upon no public corning in with any • input during the next five minutes _ Lin .Davidson seconded . 2 dowrr of Larrstoe Olwm thr Board, December i 1 , ltdt 1 • Other Business 3 Brad Griffin stated that Jackie Baker could make it to tonight' s meeting, it would not be until later. Brad e Griffin stated that they have Jackie ' s resignation letter- Bract stated that he i.vould like to appoint a 5 nominating committee ofJeahie Baker, Dave .Hatfield , and Viola Miller, with the specific purpose of malting 6 recommendations to the Planning Board or Town Board for Jackie Baker' s replacement . Brad Griffin stated 2 that he would request that nominations be prepared for tire first regular meeting in February for the Chair, b Vice Chair, Secretary, and Treasurer. Brad BriIR stated that he would choose to not stand again for the 9 position of Chair, 10 Viola Miller stated that she prefer that someone else to take her place on the Planning Federation which 11 meets the second Tuesday of every month . Brad Griffin stated that he would ask that the nominating 12 committee consider that as well . 13 Brad Griffin stated that 1}e had a copy eke letter From Barry Willis , Associate Attorney for the Department of 14 State , to Stephen Farkas . Brad stated that it arises as the result of comments at one of the Planning Board 15 meetings . Brad Griffin read the letter, which stated that no state statute requires the assignment of ie independent legal eniLeeil on a regular basis In either Town Planning Boards or to Zoning F oards of Appeal . 17 The letter also stated that when legal interests of the governing board and the Zoning Board of Appeals are ii in conflict it has been held that the .B . A. is entitled to retain legal council of its own choosing. 19 Brad Griffin stated that there was a notice from the Tompkins County health Department that there would 20 be public meetings regarding revising sewer system regulations - The first meeting reeald be on Thursday} 21 December 34 at 7 : 00 PM in the .Bice Conference ]doom et 401 Fianis Dates Drive . The second meeting 22 would be held at the same location on .Friday, (December 15 at : 30 AM. • Brad Griffin stated that he has e copy of the budget and they are up for essentially the same budget- as the 24 previous year. 25 Brad Griffin added that them was going to be e Public Inibmiation meeting on the Proposed Zoning 245 Amendments on Wednesday. December 13 , 2000 at 7 : 00 PM . 27 Public Hearing. John Young Subdivision, Tax Flap d dd .- 1 -35 (Cont.) — Gregg Travis moved to close the 28 public hearing . Lin Davidson seconded . VOTE : ALL EN FAVOR - ivtB'kiBN CARRIED 29 UNANIMOUSLY . 34:1 Greg Travis moved to accept the subdivision as submitted . Lin Davidson seconded - VOTE : ALL IN 31 FAVOR . MOTIONAIJ.TI.L;,D UNANIMOUSLY. 32 John Benttg asked how many maps he would need to bring in to liave signed . George Tolman replied that 33 he needs at least 2 plus however many Mr. Young would need for himself. 34 Approval of Minutes of 11113100 — Page 2, dice 39 . - , kin .Davidson corrected , . . . thet Ile, too , had voted for 35 a Major subdivision , Lin Davidson moved to accept the minutes as corrected , Viola Miller seconded , 36 VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY . 37 Committee Reports 38 Sewer Committee -- Larry Sharpsteen stated that the committee was ninvink towards a public information 39 meeting- They were waiting for some: information to come back from the joint municipal task force . Larry 40 Sharpsteen stated that they have not had a mating in the interim , but as soon as they have another meeting, 41 the plan is to go ahead with the informational matin ;- IC — Lary Sharpsteen stated that the activity right now tends to center around the completion of the 43 explanation of the UNA document and then there will be a general thrust to tlk+ to get various municipalities 44 to use the denanrent and get some feedback on it . Larry suited that basically, the next thing on the radar 45 scope will be the watershed characterization presentation , r7, . .. 3 Town of Lansing Planning Board, December 11 , 2000 1 Zoning Officer — George Tolman stated that at 3053 N. Triphammer Rd , there is a house that is for sale , that 2 is going to be purchased by an organization and will be used as an adult mental health residential home. George stated that it could possibly have about 5 adults living there under supervision in that residential neighborhood . George Totman stated that it is allowed under the ordinance with Site Plan Review and also 5 under the New York State Law , if it is not saturated in the area , you can not turn it down . George stated that 6 the Town Board has the formal application and they have 40 days to respond . 7 Larry Sharpsteen added that the property would be owned by the Franziska Racker Centers, which used to be S the Special Children ' s Center. Larry Sharpsteen stated that lie has inspected many of these homes for the 9 Center. Larry stated that the ones he has inspected and looked at the homes are in regular neighborhood, 10 they are staffed 24 hours per day, and the transportation needs are taken care of by the hacker Center. 11 Viola Miller asked how they are funded . Larry Sharpsteen replied that they are privately funded . George 12 Totman stated that the neighbors are not happy . Larry Sharpsteen stated that he had some calls from the 13 neighbors asking what the Town could do to stop it and lie cited the state law . Lany stated that lie can 14 understand the concerns of the neighbors. 15 Public Hearing — Ronald Ronsvalle, Subdivision Request Tax Map # P/O 39.- 1 -6 — Brad Griffin read the 16 legal notice and opened the public hearing at 8 : 01 PM . 17 Dan Signore passed out copies of the subdivision maps. Larry Sharpsteen asked at the last meeting, 18 according to the minutes, Jackie Baker had asked if these were going to be 1 or 2 story duplexes, but he was 19 not sure if the question was answered . Mr. Signore stated that they would be 2 story. George Totman stated 20 that the part of the project that has already started , and permitted, are 2 story, 2 family residences with 2 21 garages . 22 Gregg Travis asked if there is public water there and if so , would he be connecting to it . Ron Ronsvalle 0 replied that there is public water, and they would be connecting to it. Gregg stated that it should be shown on the map. Gregg asked if there would also be landscaping around the property. Mr. Ronsvalle replied that Ii 25 there would be. Lany Sharpsteen asked if Mr. Ronsvalle foresaw any of the landscaping affected the 26 drainage . Mr. Ronsvalle replied that he did not . 27 Larry Sharpsteen stated that these are not the only duplexes in the neighborhood and it does not take away 28 from the character of the neighborhood . Larry Sharpsteen stated that even under the original intent of the 29 ordinance, duplexes were allowed in R1 . 30 Brad Griffin stated that according to the topography, there would appear to be two drainage ways , one that 31 runs off to Asbury Rd and the other along a south boundary onto Warren Rd . Brad Griffin asked if that was 32 an accurate depiction . Mr. Ronsvalle replied that it was. 33 Jackie Baker entered at 8 : 13 PM . 34 Richard Thaler stated that he owns the property on the west side of Warren Rd . Mr. Thaler asked where the 35 water is supposedly going after it leaves the cast side of warren Rd and the south side of Asbury. Mr. Thaler 36 stated that it is going onto his property. Dan Signore stated that he did not think so . Mr. Signore stated that 37 there was a ditch . Gregg Travis stated that there is culvert shown on the map. Mr. Thaler stated that from 38 there it goes on his property. Mr. Thaler stated that he would tell them what he would do, he would dam it 39 up when it comes on his property. 40 Mr. Thaler stated that he did a survey of the property that he owns , in trying to develop the property. Mr. 41 Thaler stated that the only way that property could be developed is to put in a package plant for sewage . Mr. 42 Thaler said that was what the health department told him because of the contamination to the creek because 0 all the drainage goes on his property and then into the creek Gregg Travis stated that what they have is a subdivision on the east side of the road , with a county culvert, 45 and if that culvert discharges on Mr. Thaler ' s property, that would be a problem between him and the 46 county, not a problem between him and this landowner, because the drainage already goes on his property . - I • • • t i 4 Town of Linsiur Piontrincr Board December 1 i , 2000 I Mr. Thaler stated that he thought they should take some input from the Department of Pool re a inert tel 2 Conservation in Cortland because they were the ones that told him that he would have to have a package 410 plant to develop the property that is subject to being developed here , Gregg Travis stated that perhaps that is what the landowner has done . Gregg Travis added that the landowner has to get a permit finer the health 5 department to develop the property, and that is not the Planning .Board ' s judgment. dbr. Thaler stated that 4 they are being asked to approve a final plat plan that is woefully inadequate - 7 Jahn Sterling stated that he would like to approach the board with sortie materials pertaining to drainage . 8 Brad Giffin told him to come forward . Mr . Sterling explained that several years ago Mr. idagin approached 9 the Planning Committee with e plan and several people in the community raised questions in regard to that lb plan . Mr. Sterling stated that he was going to talk to them about a diversion ditch that crosses his property, II but affects the Pal icay, hest-man, and Sterling residences , and possibiy the 2 properties across the road 12 owned by Thaler and Thomas . 13Mr. Sterling explained the drawing. C.r . Sterling stated that when lie moved them in 1984 , they had to clear 14 the diversion ditch , at their own expense , so that the water would stop flowing onto the Sterling , Eastman , 15 and Policay properties- Mr- Sterling that 4 years ago , Mr. Hagin approached the Board for a development in 16 the area . Mr. Sterling stated that at that time , they brought up the issue with the diversion ditch . Mr , 17 Sterling stated that no October 7, 1997 , however, Mr, Cagin dammed up the culvert at item D on the map 18 and diverted the water down a small ditch that lie opened with e tractor pulling a blade . Mr. Sterling stated if that because that ditch has not been maintained , it sometimes breaks across onto Policay, Sterling; and 20 sometimes Eastman properties - hfr. Sterling presented and explained photographs of the ditch and the water 21 situation . Mr . Sterling stated that ho is asking whether or not the deed that was transferred to Mr. Ihonsvalle 22 includes the fact that they need to maintain an appropriate diversion ditch to carry the water. The Board 23 discussed the ditch . Brad Griffin stated that it eppoars to hint that if there is a drainage problem; it would be 24 one that both Mn Sterling and the developer vvaeid suffer From. Mr. Consv{elle agreed . Mr. 1 onsvalle stated • that he thinks it is accurate . Mn Signore stated that it is an active ditch , with a difference hr elevation of 26 about 6 feet , Mr. Sterling stated that you would only have to take a look at the photographs to see that the 27 %%tater does not move. Mr. Signore asked when the pictures were taken . Mr . Sterling replied that they were 28 taken in 1997, but it has not been touched since . htr, Sterling stated that he would ash that the Board go up 29 to take a look at the ditch . 30 0Cm Policay stated that lie is the neighbor right neat door to this property. Mr. Policay stated that 31 construction is going on 7 days a week, Mr. Policay stated that the construction is about 50 feet from the 32 property line and dirt is backing Of amend the foundation , just about blocking the ditch right now . Mr, 33 Policay stated that he does not understand how this was cleared prior to this hearing and construction already 34 started . George Tatman explained that it is possible because they got building permits . George stated that 35 they subdivided the parcel into two lots , and got a building permit for 1 duplex with attached garages for 32 each parcel . Mr. Totman stated that with the rest of the land , they want to subdivide it into 2 additional lots. 37 Mr. Thaler stated that makes it a major subdivision . Lin Davidson responded that is why they are holding 38 the public hearing . 39 David Eastman stated that they have only seen a rough sketch of the proposal , and he was wondering if they 40 were here to look at a final plat approval . Mr- Eastman asked if there roes a preliminary plat done . Gregg 41 Travis explained that the preliminary plat was approved at the last meeting, Mr. Eastman asked howl 44 building permits were issued for this development before the subdivision was approved . harry Sherpsteen 43 responded that they did a one -lot subdivisiont so that there were two lots- Dairy stated that it was perfectly 44 legal to issue the two building permits , one for each lot . 1 45 Brad Griffin stated that he would add to that explanation that years ago , the Code Enforcement Officer was • -- empowered to do single lot subdivisions unilotowllu. Brad explained that was done with the original lot, 47 Then when they wanted to divide Co lot again , it was brought to the Planning Board, and they determined it 48 to then be a major subdivision - Brad added that in the interim, and legally so , building permits we issued for 49 those trop lots . • .e I 1 5 Town al Lansing Planning Board, December 11 , 2000 I Richard Thaler asked that with the application for a major subdivision, if they had completed a SEQR . 2 George Totman replied that it had been done . Mr. Thaler asked Mr. Totman if he had provided them with a ipcopy of it . Mr. Thaler stated that he would like to see a copy of it and would like to know if he has any environmental impact. Mr. Totman replied that at the last meeting, and the Board declared a short form 5 negative declaration . Mr. Thaler asked if they did that on an application by the developer. Mr. Totman 6 replied that was correct. Mr. Thaler asked if they did it without contacting the Department of: Environmental 7 Conservation . Mr. Totman replied that was correct. Mr. Thaler asked if they did that based on Mr. S Ronsvalle representation . Mr. 'Totman stated that it was based on the knowledge that the Planning Board 9 had . Mr. Thaler asked if he did have any environmental impact, what are they going to do then? Brad 10 Griffin stated that the Planning Board has always been responsible for its actions or in-actions . Mr. Thaler 1 1 stated that he was going to call the Department of Environmental Conservation tomorrow and advise them 12 that he thinks this is in violation of Godwin ' s Creek Environmental Survey. 13 Viola Miller stated that the purpose of a hearing is to bring forth any information that they have to consider 14 and that they do not always approve something right abler the hearing. Mrs . Miller added that the Planning 15 Board takes into consideration the things that are brought before them . Mis . Miller stated that one thing they 16 have worked very hard at over the past many years is the issue of drainage and that is why they asked for the 17 drainage information at the last meeting. Viola Miller suggested that the Planning Board have the Town 18 Engineer take a look at the property, as they have done in the past when there was a question . 19 David Eastman asked about the right-of-way that was planned for Mr. Hagin ' s development of that property 20 in accordance with Sec . 602 in the Development Standards . Lin Davidson replied that in larger 21 developments they try to request a right of way for access to other lands, but in this case , the development is 22 small enough and the remaining Hagin property already has adequate road frontage. George Totman stated 23 that the plan to which Mr. Eastman was referring was approved as a subdivision , but Mr. Hagin never filed it 4 so it became null and void . Richard Tinier asked if there was going to be one curb cut and one culvert for this subdivision . George 26 Totman replied that is correct . 27 Brad Griffin stated that with regard to sewage system , the D .E . C. make very clear delegation to primary 28 jurisdiction to Tompkins County Health Department. Brad stated that while Mr. Thaler' s allegations are not 29 suggested to be unfounded , he may begin his search there . Mr. Thaler stated that may be true except in a 30 watershed and they do not give up jurisdiction in a watershed . Brad Griffin agreed that is true in terms of 31 drainage. George Totman stated that Mr. Ronsvalle did have Health Department approval for the septic C 32 systems . 33 Mr. Sterling stated that it appeared to him that this proposal developed with those involved to date, by 34 almost making an end run in order to get this major subdivision approved . Mr. Sterling stated that he said 35 that because the construction had begun on two lots, and had the project been proposed in total it would have 36 been proposed as four it becomes a situation where since two are already approved, the other two become 37 automatic . Ronald Ronsvalle strongly objected to that those allegations and does not appreciate that . 38 Paul Constantini stated that there is a building being built on the larger lot, with health department approval 39 for a sewage system . Mr. Constantini asked if this subdivision is approved, what happens to the health 40 department approval that it gave for the large lot and can this building go forward . Larry Sharpsteen replied 41 that, as had happened in other subdivisions, the health department will not allow the lot to be built on if it in 42 any way infringes on the ability of the soil to carry the septic system . 70,.9 c G 72,4 43 Gregg Travis aisLin Davidson motioned to adjourn at 9 : 10PM. David Hatfield seconded . VOTE ALL IN FAVOR. _.. S' MOTION CARRIED UNANIMOUSLY. 46 The next meeting will be held on January 8 , 2001 at 7 : 30 PM . 47 Submitted by Robin Cornell