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HomeMy WebLinkAbout2001-11-26 1
2 Town of Lansing
Monday,- November 26 , 2001 7 : 30 PM PLANNING BOARD
PLANNING BOARD MEMBERS
(*Danko poem)
6 Gregg Travis, Chair * Brad Griffin
7 * Larry Sharpstccn * • Lin Davidson
8 * Viola Miller * David Hatfield
9 * Nancy Loncto
10
1 * Bud Shattuck, Town Councilman
12 Richard Plan., Zoning and Code Enforcement Officer
13
14 Public Present
15 None
16
17 GENERAL BUSINESS
18 Lin Davidson opened the meeting at 7 : 31 PM .
19 Dennis Tarbell Subdivision , Tax Map # 20:148.2 - The Board reviewed the subdivision application . Larry
20 Sharpsteen motioned to accept as a preliminary plat, David Hatfield seconded . VOTE: ALL IN FAVOR.
017 MOTION CARRIED UNANIMOUSLY .
The public hearing was set for Monday, December 10 , 2001 , at 8 : 00 PM . Sear
23 l � . ' ?
24 Discussion on Debbie McKane letter — The Board discussed the letter from Debbie McKane regarding whether
25 a dog grooming business would be allowed in the old Lansing Liquor building on Ridge Road . The board
26 determined that under Sec . 503 . Schedule I of the Land Use Ordinance, " Kennel ; animal boarding" was not
27 permitted in the B1 zone . The Board read the definition of "Kennel " in Appendix I of the Land Use Ordinance
28 and determined that it included dog grooming. The Board stated that it was not a matter for the Planning Board,
29 but for the Zoning Officer and the Zoning Officer would have to deny such use in the 131 zone . it was also
30 determined that Ms. McKane would have to go to the Zoning Board of Appeals for a variance if she wanted to
31 pursue it.
32 Discussion on One-Lot Subdivisions — Larry Sharpsteen stated that he was not at the last meeting, but would
33 like to know where the issue of one-lot subdivisions stands . Bud Shattuck explained that under the advice of the
34 Town Attorney , the authority for the one-lot subdivision remains with the Code Enforcement Officer. Bud stated
35 that the Town Attorney advised that they make the necessary changes at the same time they change the Land Use
36 Ordinance . Bud stated that Dick Platt has agreed to bring all one-lot subdivisions before the Planning Board
37 before approval .
38 Larry Sharpsteen stated that he disagreed with Rich because the one-lot subdivisions do not have anything to do
39 with zoning . Larry Sharpsteen stated that he was concerned because he could see a lot of lots being lopped off for
40 sale.
41 Brad Griffin stated that 6 or 7 years ago, Cheryl Nichols brought this recommendation to the Planning Board ,
4which at the time seemed like a good idea and the board approved it and sent it to the Town Board . Viola Miller
413 stated that it was agreed upon that the Code Enforcement Officer would still inform the Planning Board of those
44 one-lot subdivisions so that they would be aware of what was going on , but that did not happen .
45 Larry stated that he disagrees with the Town Attorney because these are two separate issues, but for now will
46 work with Dick Platt as suggested . Bud Shattuck stated that his interpretation of what Rich said may have been
•
2 Town of Lansing Plannink Board, October 15, 2001
I wrong, that Rich may have just been saying that they would hold one public hearing and change both the one-lot
2 subdivisions and the Land Use Ordinance at the same time, rather than holding 2 separate public hearings . Larry
3 stated that that would make sense .
4 Approval of Minutes of 10/29/01 - Larry Sharpsteen moved to accept the minutes as submitted . Brad
5 Griffin seconded . VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY .
6
7 Review of Land Use Ordinance
8
9 The board resumed their review of the ordinance with Appendix 1, continuing from the definition Lot
10 Area through the end the definitions.
11
12 Other business
13
14 The Planning Board discussed Private Roads . Bud Shattuck and Nancy Loneto both stated that they did not have
15 copies of the Subdivision Rules and Regulations and requested that Robin send them a copy.
16
17 Bud Shattuck stated that he and some others were in the process of writing a new Wireless
18 Communication Master Plan for the Town of Lansing . Bud stated that he would make sure this board
19 would be able to review the plan before it is ever acted upon . Brad Griffin asked if it would be a plan ,
20 not an ordinance. Bud stated that it would effectively take the place of an ordinance that this board will
21 be able to use for documenting what limits Nevi11he, what types of structures dealing with communication
22 devices . Brad asked if the county would supercede that plan . Bud replied that it would not, and he
23 believed the county would use it as a model . Bud stated that it would not effect. the Cell Tower
24 Ordinance as in the Wireless Communication Master Plan they do not discuss cell towers . O
25
26 Nancy Loncto motioned to adjourn at 9 : 16 . David Hatfield seconded . VOTE: ALL IN FAVOR. MOTION
27 CARRIED UNANIMOUSLY .
28 Submitted by Robin Cornell
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2 Town of Lansing
MondayrNovember 26, 2001 7 : 30 PM PLANNING BOARD
PLANNING BOARD MEMBERS
ranUes proe ,,r
6 Gregg Travis, Chair * Brad Griffin
7 * Larry Sharpsteen Lin Davidson
8 * Viola Miller * David Hatfield
9 * Nancy Loncto
10
11 * Bud Shattuck, Town Councilman
12 Richard Plan, Zoning and Code Enforcement Officer
13
14 Public Present
15 None
16
17 GENERAL BUSINESS
•
18 Lin Davidson opened the meeting at 7 : 31 PM .
19 Dennis Tarbell Subdivision , Tax Map # 20.4-18.2 - The Board reviewed the subdivision application . Larry
20 Sharpsteen motioned to accept as a preliminary plat. David Hatfield seconded . VOTE: ALL IN FAVOR .
MOTION CARRIED UNANIMOUSLY.
The public hearing was set for Monday, December 10 , 2001 , at 8 : 00 PM .
23
24 Discussion on Debbie McKane letter — The Board discussed the letter from Debbie McKane regarding whether
25 a dog grooming business would be allowed in the old Lansing Liquor building on Ridge Road . The board
26 determined that under See . 503 . Schedule I of the Land Use Ordinance, "Kennel ; animal boarding" was not
27 permitted in the 131 zone . The Board read the definition of "Kennel " in Appendix 1 of the Land Use Ordinance
28 and determined that it included dog grooming. The Board stated that it was not a matter for the Planning Board,
29 but for the Zoning Officer and the Zoning Officer would have to deny such use in the Bl zone . It was also
30 determined that Ms . McKane would have to go to the Zoning Board of Appeals fora variance if she wanted to
31 pursue it .
32 Discussion on One-Lot Subdivisions — Larry Sharpsteen stated that he was not at the last meeting, but would
33 like to know where the issue of one- lot subdivisions stands . Bud Shattuck explained that under the advice of the
34 Town Attorney, the authority for the one- lot subdivision remains with the Code Enforcement Officer. Bud stated
35 that the Town Attorney advised that they make the necessary changes at the same time they change the Land Use
36 Ordinance . Bud stated that Dick Platt has agreed to bring all one-lot subdivisions before the Planning Board
37 before approval .
38 Larry Sharpsteen stated that he disagreed with Rich because the one -lot subdivisions do not have anything to do
39 with zoning . Larry Sharpsteen stated that he was concerned because he could see a lot of lots being lopped off for
40 sale .
41 Brad Griffin stated that 6 or 7 years ago , Cheryl Nichols brought this recommendation to the Planning Board ,
4 which at the time seemed like a good idea and the board approved it and sent it to the Town Board . Viola Miller
stated that it was agreed upon that the Code Enforcement Officer would still inform the Planning Board of those
44 one-lot subdivisions so that they would be aware of what was going on , but that did not happen .
45 Larry stated that he disagrees with the Town Attorney because these are two separate issues , but for now will
46 work with Dick Platt as suggested . Bud Shattuck suited that his interpretation of what Rich said may have been
2 Town oftanxing Planning Board. October 1 .5. 2001
1 wrong, that Rich may have just been saying that they would hold one public hearing and change both the one-lot
2 subdivisions and the Land Use Ordinance at the same time, rather than holding 2 separate public hearings. Larry
3 stated that that would make sense.
4 Approval 61 Minutes of 10/29/01 — Larry Sharpsteen moved to accept the minutes as submitted . Brad
5 Griffin seconded . VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY .
6
7 Review of Land Use Ordinance
8
9 The board resumed their review of the ordinance with Appendix I, continuing from the definition Lot
10 Area through the end the definitions .
I1
12 Other business
13
14 The Planning Board discussed Private Roads . Bud Shattuck and Nancy Loncto both stated that they did not have
15 copies of the Subdivision Rules and Regulations and requested that Robin send them a copy .
16
17 Bud Shattuck stated that he and some others were in the process of writing a new Wireless
18 Communication Master Plan for the Town of Lansing . Bud stated that he would make sure this board
19 would be able to review the plan before it is ever acted upon . Brad Griffin asked if it would be a plan ,
20 not an ordinance. Bud stated that it would effectively take the place of an ordinance that this board will
21 be able to use for documenting what limits will be, what types of structures dealing with communication
22 devices . Brad asked if the county would supercede that plan. Bud replied that it would not, and he
23 believed the county would use it as a model . Bud stated that it would not effect the Cell Tower
24 Ordinance as in the Wireless Communication Master Plan they do not discuss cell towers.
25 +�
26 Nancy Loncto motioned to adjourn at 9 : 16 . David Hatfield seconded . VOTE : ALL IN FAVOR . MOTION
27 CARRIED UNANIMOUSLY .
28 Submitted by Robin Cornell
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a.
TOWN OF LANSING
PL,AliPt NG LiDAFD
A APPLICATION FOR REVIEW AND
il.l,' P_` RovAL +QE SIIPp LLSIg
Check One : ____frSubdivision Plat
_ _ aoundary Change
eim1 ) Name or Iderati � yi �:lg Tule �u 110 /J 0t5Je” -03070 /
2 ) Subdivi : ( if owner , sostate : if agent or other type of
r)
relationship , st to detai . c o . separa '' e sheet )
1 / rr •.
:OA! "
- a
Address /41749.2... .
-Cil. ._.-
Te1echone ` .:�� )( _ la 1i
ar License "' a • Surveyor a '" Engineer/{`:
a)---
6,..0414e!,...
1
/,'�� - _s-. �--..`
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Telephone _"�S� O7J � ) 2 7Th / 7 IV
I
4 ; !decade r " P opoze Subdivision ( Tax lot or or - r identification )
0 76 1L L � , / 4 . — s ,
5 ) Easements cr otheka....44.-.&&04atd_Zer-4d
rRestriction on Pro erty : ( Descr . be generally )rally )6 ) Names of Abutting Owners and Owners Directly Across Adjoining
scree i , ( in Jude
those in other towns )
an d
_. - - --- - -.-• 10.9 Are 1,4 fir _.�
- --•• ..._. -....--
7 )
_7 ) Requested Exceptions . The Planning Board is hereby requested to
authorieethe following exceptions to or waivers of its regulations
governing subdivisions ( attach list of such exceptions with the
reason fore'ech exception set forth ) :
. - - -a. .____ ...
--
a ) The undersigned hereby requests a ? proval by the Planning Board of
above identified subdivision Plat .
5 ) Application must be a. ccompa44d by necessary tees ( See Town of
Lansing Land U��c� & Develop 1/t Gado f,� r ,� Assesso . Fe s )
/ ��. I '
Sisnature d' C, ' ' . _ _ _
_____. ,
1
Title X 11-n• . !i
.__
mte l/ , .3y Ut _ __- __..�_. _.... .__ _
W .
TOWN OF LANSING
Planning Board
Application for Review and Approval
Of Subdivision
#6 Names of abutting owners and owners directly across adjoining streets:
1 . Rhonda J. Maine
780 Van °strand Rd .
Groton , NY 13073
Tax Parcel : lll9 , - 1 - _ l
2 . James J . Roundy, Jr.
199 Newman Rd .
Groton , NY 13073
Tax Parcel : # 19 . - 1 -624
3 . Judson N. and Becky Bailey
182 Newman Rd .
Groton, NY 13 073
Tax Parcel : # .19, - 1 - 5 . 21
4 . Patricia T. Button
750 Van Ostrand Rd ,
Groton, NY 13073
Tax Parcel : # 19 . -- 1 -6 . 22
5 . Theodore and Nioma Keeney
791 Van Ostrand Rd .
Groton , NY 13073
Tax Parcel : # 19 , - 1 - 10. 22
6 . Otis Phillips
Van Ostrand 'Rd .
Groton, NY 13073
Tax Parcel : # 19 . - I - . 3
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Office Chron
Alty Chron
Flle(s)
. Specific Uses Public Utilities
I4z1 l l
• csfrtRe
.STATE OF NEW YORK
DEPARTMENT OF STATE
4 I STATE STREET
ALBANY , NY 1 223 I - 000 1
RANDY A . DANIELS '---" JAMES P . KING
SrcRErAR' or STAIe November 30, 2001 CENEAAL COUNSEL
Mr . Bradley L. Griffin
do Highland Harbor Farm
8383uck Road
Groton NY 13073
Re : Public Utility Facilities
Dear Mr . Griffin :
This will reply to your letter dated August 28 , 2001 . We received this letter in our
Counsel ' s Office on November 8111 . You inquired concerning the extent of authority of the Town of
Lansing over gas and electric utility facilities .
• " Major utility transmission facilities"-- i .e. , certain large -scale electric and fuel gas
transmission lines - -are subject to regulation and approval by the Public Service Commission ( PSC ) under
Article VII of the Public Service Law ( PSI..) . Where such regulation obtains, local governments may not
require permits or approvals . PSL 930. They may; however, at the discretion of the PSC , apply
reasonable dimensional and impact requirements . PSL X126(1) (/) .
Where no PSC jurisdiction exists , local governments may reasonably regulate utility
facilities . In such instances, where utility facilities are a prohibited use, a local zoning board of appeals
may not deny approval of a variance on the basis the applicant has failed to show " unnecessary
hardship" . Rather, the utility transmission lines must be allowed , with appropriate conditions if
• applicable, where the utility shows a "public necessity". Matter of L. 1. Lighting Co. v. Horn, 23 AD 2d
583, 256 NYS 2d 690 (2''d Dept. , 19 .65) .
For further guidance on the extent of NC jurisdiction , I refer you to Steven Blow, Esq . ,
NYS Public Service Commission , Empire State Plaza , Agency Building 3 , Albany NY 12223 . tel . 518 -
474 - 6955 , email : web(Tdps . statc . nv. us .
I trust the foregoing will prove helpful .
Very truly yours ,
?1/401_,7(.5
Harry J . Willis
Associate Attorney
•
• I . ., . _ . ' ,-I HI :1 ! t S ) . I I _ I;a• ,._. A - i _ _ nu •. • . ill .`. l1 � .
Office Citron
Atty Chron
File(s)
. I
Specific Uses Public Utilities
•
0 .1
Ij
® A
.STATE OF NEW YORK
DEPARTMENT OF STATE
4 I STATE STREET
ALBANY , NY 12231 -000 I
RANDY A , DANIELS JAMES P . KING
SECRETAIU or STATE November 30 . 2001 GEUERnt. couNGEL
Mr. Bradley L. Griffin
do Highland Harbor Farm
8383uck Road
Groton NY 13073
Re: Public Utility Facilities
•
Dear Mr. Griffin :
This will reply to your letter dated August 28 , 2001 . We received this letter in our
Counsel ' s Office on November 8`I' . You inquired concerning the extent of authority of the Town of
Lansing over gas and electric utility facilities _
® " Major utility transmission facilities"- - i .e . , certain large- scale electric and fuel gas
transmission lines--are subject to regulation and approval by the Public Service Commission ( NC ) under
Article VIi of the Public Service Law ( PSi..) . Where such regulation obtains, local governments may not
require permits or approvals . PSL 030. They may; however, at the discretion of the PSC , apply
reasonable dimensional and impact requirements . PSL. §126(1) (J).
Where no PSC jurisdiction exists , local governments may reasonably regulate utility
facilities . In such instances, where utility facilities are a prohibited use, a local zoning hoard of appeals
may not deny approval of a variance on the basis the applicant has failed to show "unnecessary
hardship". Rather, the utility transmission lines must be allowed , with appropriate conditions if
applicable, where the utility shows a " public necessity" . Matter of L. I. Lighting Co. v. Horn, 23 AD 2d
583, 256 NYS 2d 690 (2' d Dept. , 1965) .
For further guidance on the extent of PSC jurisdiction , I refer you to Steven Blow, Esq . ,
NYS Public Service Commission , Empire State Plaza , Agency Building 3 , Albany NY 12223 , tel . 518 -
474 - 6955 , email : wcb1u .dps . suiic , nv . us _
I trust the foregoing will prove helpful .
Very truly yours ,
Harry .1 . Willis
Associate Attorney
110
I . . : N� , ' i 114 . 1 / .1 fl / .i i-.- , ' r 1 d11 .1 r ' t t ) : I I '^ •:r', . , . I'V . . . _. t1 . _ f : .�u . ,. i: 1 , — _ : i .+ � 1 ra .
P n• 1y ^ is
STATE OF NEW YORK
DEPARTMENT OF STATE
4I STATE STREET
ALBANY , NY 1223 I -0001
RANDY A . DANIELS
JAMES P . KING
SECRETARY OF STATENovember 30 , 2001
G_ucaet COUNSEL
Mr. Bradley L. Griffin
cio Highland Harbor Farm
83 Buck Road
Groton NY 13073
Re : Public Utility Facilities
Dear Mr. Griffin :
This will reply to your letter dated August 28, 2001 - We received this letter in our
Counsel ' s Office on November 8`I' . You inquired concerning the extent of authority of the Town of
Lansing over gas and electric utility facilities .
• " Major utility transmission facilities"- - i . e . , certain large-scale electric and fuel gas
transmission lines- -are subject to regulation and approval by the Public Service Commission (PSC) under
Article VII of the Public Service Law ( PSL) . Where such regulation obtains , local governments may not
require permits or approvals . PSL § 130. They may, however, at the discretion of the PSC, apply
reasonable dimensional and impact requirements . PSI, § 126(1) (W).
Where no PSC jurisdiction exists, local governments may reasonably regulate utility
facilities . In such instances , where utility facilities are a prohibited use, a local zoning board of appeals
may not deny approval of a variance on the basis the applicant has failed to show "unnecessary
hardship" . Rather, the utility transmission lines must he allowed , with appropriate conditions if
applicable , where the utility shows a "public necessity" . Matter oft Lighting Co. v. Horn, 23 AD 2c1
583, 256 WS 2d 690 (2m Dept. . 1965).
For further guidance on the extent of PSC jurisdiction , I refer you to Steven Blow, Esq . .
NYS Public Service Commission , Empire State Plaza, Agency Building 3 , Albany NY 12223 . tel . 518-
474 -6955 , email : webGdps . state . nv . us -
I trust the foregoing will prove helpful .
Very truly yours,
v
we'vtAr -4-4
/ OA 1 C2 e Harry J . Willis
-Titi Associate Attorney
//� r j o k -���a ✓ v `� — o c� e cc's u G` , /o
„Qv
-o t>✓ eaA
W�oNE : ( S 1 8 ! 474- 6740 • FAx - 45 18 ) 473- 02 I I • WWW. DOS . STA9'E . NY , US • �—E;. sh► _ : INFOISOOS - STATE,
"CC .•CO -•O'L-
Highland Harbor Farm
838 Buck Road
Groton , New York 13073
607 - 533 - 7296
August 28, 2001
Mr. Harry J. Willis
N .Y.S. Dep't of State
41 State Street
Albany, NY 12231 -0001
Dear Mr. Willis;
Once again, I seek your advice as a member of the Town of Lansing Planning
Board.
The Board is currently reviewing the Town Land Use Ordinance. One of the land
use categories is "Public utility substation or storage yards ; electric or gas transmission
line in certain districts."
• It is our understanding that the siting of such utility transmission lines is actually
decided under State P.S.C. law and proceedings. While the community wishes to assert
its aspirations for appropriate land use in this category, we would hope not to erect
regulations so unfounded in jurisdiction as to be ineffective.
Consequently, we would seek to clearly understand the extent and limits of local
authority to regulate the placement of "Public utility substation or storage yards ; electric
or gas transmission line."
As it has been previously, your assistance will be appreciated.
Sincerely,
Bradley L. Griffin,
Cc: Gregg Travis, Chairman
Town of Lansing Planning Board
� �0& -- 460l � Mao
47 TOWN of LANSING rte"' c&L-60
I • ® © Ir V reaAtS 'DA /
t' teQ "Horne of Industry, Agriculture and Scenic Beauty "
•
ORDINANCE DEI 'AR'I'MENT
44-r 1 Box 186
La iYY I4.4i11'
i , it
1
, ,i
Town of Lansing
Planning Board Meeting
11126/01
• 7 : 00 PM
Lansing Town Hall — Board Room
•
;a "baen a
• i s
• Time: Anenda Topics
7: 00 PM Dennis larbell Subdivision - ;k1717"1'&O ? (? F "MAll -S 14
% Pl ,r,../
589 Aubum Rd, Tax Map # 20.-1 -18. 2
7: 15 PM Debbie Mckane - Cedar Brook Grooming Discussion
Mo-c L1,ti(. EO /`� 7r fnic( - Wo.ir1 'gt q . tis{ uMti4Jtar-
Anything else one deems necessary to bring before the
board .
Resume Review of Ordinance
R5 n :t•J
L marl
-D AtJe
VI Lit. - Flt err..
(?/tech - MDT ° flFri. g
•
e Page 1
Dennnis Tarbe11 Summary
Mr. Tarbell would like to proceed with plans for subdivision as indicated in attached
survey and described below .
1 . Parcel C would be a flag lot with a 20 .05 ' wide access to Auburn Road .
2 . Parcel A would be retained by Mr. Tarbell .
3 . Parcel B would be joined with the Parrish property. The Parish property would retain
the existing R. O . W . across A and C .
Please advise us if you feel that Mr. Tarbell shuold not proceed as described . Thank you .
Dick Platt
•
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15o Buck Road
Lansing, NY 14882
Dick Platt
Zoning Enforcement
Town of Lansing
P . 0. Box r86
Lansing, NY 14882
Dear Mr. Platt:
I am considering submitting a purchase offer to the owner of the property on Ridge
Road known as the old `Lansing Liquor" property, in order to expand my current dog
• grooming business . The purchase offer would , of course , include a contingency for zoning
approval for this type of business.
I am concerned ,however, because the property line for the old " Cortland Paving"
property, which I understand the Town now owns, is so close to the "Lansing Liquor"
building. I believe this may be a factor why the property has not previously been sold .
® I would like to inquire about the possible purchase of no less than 15 feet of land for a
buffer from the new tenants, future renovations and /or parking. Please relay my request to
the Town Planning Board and advise me of their opinions . Thank you .
Sincerely,
\ 1 i
Debbie McKane
Cedar Brook Grooming