No preview available
HomeMy WebLinkAbout2003-11-24 -44 • Inter-governmental Agreemen C • Tompkins County Review of Local Zoning and Planning Actions Under New York State General Municipal Law I. This agreement is made this di# day of � � 2003 between the Tompkins County Planning Department and the Town of Lansing Planning Board. A. Authority and Purpose of State Law The authority for county planning agency review of certain local planning and zoning actions is provided in Article 12-B , Section 239 (1, m & n) of New York State General Municipal Law (GML) . The purpose as stated in law is "to bring pertinent inter-community and county-wide planning, zoning, site plan and subdivision considerations to the attention of neighboring municipalities and agencies having jurisdiction." B . Current Practice in Tompkins County The Tompkins County Charter gives responsibility for the implementation of this county review to the Commissioner of Planning. All matters identified in GML Section 239 (m & n) are currently subject to review. C . Authority for Inter-governmental Agreement GML Section 239 (m) specifically authorizes the county planning agency to "enter into an agreement with the referring body or other duly authorized body • of a city, town or village to provide that certain proposed actions set forth in this subdivision are of local, rather than inter-community or county-wide concern, and are not subject to referral under this section. " GML Section 239 (n) authorizes the same agreement with respect to subdivision plats. II. Items to be Excluded from Review Pursuant to the authority cited herein the parties to this agreement do hereby agree that the following items are of local, rather than inter-community or county-wide, concern and are not subject to referral to the Tompkins County Planning Department under New York State General Municipal Law Article 12-B Section 239 (l, m & n) : A. Lot frontage, width or depth variances for residential uses; B . Lot area variances for additions to residential uses on existing non-conforming lots ; C . Special Permits or Site Plan Reviews for permitted accessory uses and home occupations on residential lots ; D . Residential subdivisions of fewer than 5 lots all of which comply with local zoning standards and Tompkins County Sanitary Code requirements, and do not involve new local roads or streets directly accessing a State or county road; . E. Yard setback variances not abutting County or State property, a State or County road right of way, or a municipal boundary; r • F . Site Plan Reviews or Special Permits for change of commercial use in an existing building not involving any change in building footprint and with no change in vehicular access on a State or County highway; G. Sign variances exceeding local standards by 20% or less . III. Execution, Termination and Modification A. The undersigned parties attest that they have the authority to enter into this agreement. This agreement shall become effective upon execution by both parties . B . The agreement shall remain in effect unless terminated by 60 days advance written notice by either party. Such notice shall be by certified mail to the Tompkins County Commissioner of Planning or the authorized local municipal official, as appropriate. C . The agreement may be modified by mutual agreement of the parties hereto . By: CD- � � _ / 0 / Tompkins County Commissioner of Planning ate 7ary Date Chair, Planning Board • Town of Lansing • • • Town of Lansing Monday, November 24, 2003 7 : 15 PM " Working " PLANNING BOARD PLANNING BOARD MEMBERS (*Denotes present) * Nancy Loncto, Chairperson * Tom Ellis Larry Sharpsteen * Lin Davidson * Viola Miller * David Hatfield * Gregg Travis * Brian Ivery (Alt.) * Bud Shattuck, Deputy Town Supervisor * Richard Platt, Zoning and Code Enforcement Officer Public Present Nicholas Bellisario Ithaca, NY Otis Phillips Locke, NY General Business : • Nancy Loncto called the meeting to order at 7 : 17 PM. Bellisario & Phillips, Site Plan- Self Storage Unit, North Triphammer Road , Parcell #44- 1 -2 At the last Planning Board meeting on Monday, November 10th the board asked that Mr. Bellisario and Mr. Phillips return for further discussion regarding the proposed Storage Buildings that they would like to erect on North Triphammer Road. A previous request from the Planning Board was that Mr. Platt would contact our legal expert for his advice regarding which Ordinance should be in place for this application. Mr. Platt advised the board that the Ordinance that is in effect right now is still the old one . If the Planning Board wishes to use the new Ordinance and chooses to stop the project, a copy of the new Ordinance must be served to the Applicants via a Sheriff or an Official . As of this date, Mr. Krogh did not get back to Mr. Platt to advise him who would be the one to initiate this procedure, Planning Board Chairperson or Town Supervisor. Mr. Platt advised the members that were present that he previously spoke to Nancy Loncto and Larry Sharpsteen and they felt with some changes it may be acceptable with the right color schemes and roof lines . Under the old Ordinance this is a legal use in the R2 District. Mr. Bellisario stated for the record that when they were looking to purchase property to put Mini Storages up, they came to the Zoning Office to make sure it was an allowed use • prior to them purchasing the property. • The proposed project would consist of a total of 7 buildings . They would like to start with a couple of buildings and if the need is there build up to 7 total . The buildings would be 140 ' x 20 ' . It was mentioned by Viola Miller and Nancy Loncto that at this point there is no Commercial plans on the East side of Triphammer Road. It is entirely residential, backs up to residential, and plans for the future to be residential . The Board Members felt that the new owners would need to take into consideration more screening (more large trees) , the new Storm Water Rules effecting over an acre of land, gravel driveways, roofs and a need for a huge retention pond . Nancy Loncto read the following from the old Ordinance : 701 .1 .2 . Achieving an acceptable level of compatibility between new development and existing uses of adjacent land. 701 . 1 .3 . Preserving and enhancing property value and visual quality in the Town as development occurs. All members agreed this says it all . It was the consensus of the Planning Board that this be forwarded to the Town Board with their statements . The Planning Board reviewed the following: • 701 .4. Standards for Site Plan Review. In reviewing an application for approval of a site plan, the Town Board will be guided by the existing characteristics and conditions of the site and its surroundings, by particular design objectives of the applicant and by the quality and distinctiveness of the proposal. Unless waived or otherwise modified by Town Board resolution, each site plan for a proposed land use activity shall conform to the general standards listed in this Section 701 .4 . , as applicable, and to any other concerns specifically related to a particular site, as may be identified and described in writing by the Town Board. 701 .4. 1 . Storm Water Drainage. A storm water drainage plan shall be provided. Natural drainage ways shall be used to the fullest practicable extent. The amount of storm water draining onto or across adjacent properties shall not be increased. A licensed Engineer must submit a plan that will be acceptable to the New York State Standards. The Amount of roof and gravel must be taken into consideration when the Engineer is completing this study. 701 .4.2 . Erosion Control. Development on erodible soils, or on slopes greater than ten percent, shall include an erosion control plan designed to minimize erosion during construction and after construction has been completed. 701 .4.3 . Off-street Parking. Parking areas, if any, shall be determined to be adequate in terms of area, safe access thereto and surface water drainage . The Town Board shall be satisfied that an adequate amount of off-street parking will be provided. (see Section IX) No employees therefore, no need for parking. Customers will park, unload and leave. 701 .4.4 . Water and Sewer Facilities. The type and design of any water supply and sewage • disposal system shall be approved by appropriate jurisdictions . (No need for this) 701 .4 . 5 . Driveways . Access and egress driveways shall be clearly defined and no more • than 35 feet wide unless otherwise permitted by the NYSDOT, Tompkins County or the Town of Lansing. 701 .4.6. Site Lighting. All lighting to be used on a building or site shall be installed so as to prevent glare on adjacent properties and roads. Addressed in early plans submitted as Shoe Box Lighting. 701 .4.7 . Off-site Impacts . Potential off-site impacts such as noise, odor and vibration shall be identified and proposed measures to mitigate adverse impacts on adjacent property and the surrounding neighborhood shall be submitted. (entry will not be allowed after a certain time at night) 701 .4 . 8 . Additional Information. When the Town Board determines by resolution that special conditions exist that could adversely affect the proposed development, or negatively impact adjacent land, additional information and considerations may be required as part of the site plan review process . 701 .4.9 . Other Regulations. All other applicable State, County and local laws and regulations shall be complied with. 701 . 5 . Site Plan Review Procedure. 701 . 5 . 1 . Application. Each application for site plan review and approval, shall be made on forms provided by the Code Enforcement Officer. Such application shall be • submitted to the Town Board by the Code Enforcement Officer. 701 . 5 .2 . Site Plan Requirements. Each application for site plan review shall be accompanied by a site plan of the proposed land use activity drawn to a scale of one inch equals 100 feet (another scale by be approved by the Code Enforcement Officer) . Such application and site plan shall contain the following information, as appropriate: a. Name and address of the landowner of record and the applicant, if not the same . Scale of the drawing(s), north arrow and date. b . An identification map showing the location and orientation of the proposed development relative to the local road system. A tax map or USGS map is adequate for this purpose. c. Location of the site in relation to abutting properties and roads. Show existing property lines, right-of-way, easements and the names of current owners of adjacent property and property on the opposite side of the road serving the site. County tax records can be used for this purpose. (names of abutting owners) d. Gross acreage of the parcel to be developed. e. Existing building and land uses on the site and on adjacent properties. f. Proposed buildings and land uses, off-street parking areas, access and egress drives, buffer strips or screening, and any new roads to be built. (A berm • or fence should be considered to screen from the neighborhood) • g. The location of any flood plain designated by the National Flood Insurance Program. h. The location of any areas either recognized or designated by the Town of Lansing Planning Board as unique natural areas as may be set forth in the Tompkins County Inventory of Unique Natural Areas . i. Indication of existing and proposed topography and drainage systems for the site when this is a consideration. ( Part of Application-Drainage Plans) j . Proposed storm water drainage from the site . Natural drainage ways shall be maintained whenever possible . k. Proposed water source and sewage disposal system. 1. The location and type of any proposed site lighting and signs . m. A landscaping plan, if any. n. Brief statement describing the project and the type of exterior building material to be used. (need to submit a description of project and the type of material to be used. Any of the above site plan application requirements may, on the applicant ' s request, be waived by the Town Board if circumstances warrant. The Town Board may also request the applicant to submit additional information when this is necessary to make an informed judgment about the proposal. Such additional • information, and the need for it, shall be agreed to by the applicant. The Planning Board also requested that buildings be one story. Lin Davidson made a motion to forward this information to The Town Board for Site Plan Review as required by the Ordinance . The Developers are aware of the above items, including the neighborhood issues and the adjacent property value issues . Greg Travis seconded. VOTE: ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. Approval of November 10, 2003 Minutes Lin Davidson made a motion to accept the minutes as submitted . Gregg Travis seconded. VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. Inter-governmental Agreement, Tompkins County Review of Local Zoning and Planning Nancy Loncto distributed the agreement form from the County Planning Department to all present board members for their review and approval prior to her signature. This agreement has to do with excluding GML Section 239 (m) on certain cases for review at the County level . Bud Shattuck advised the members that he has been heavily involved in this and it really gives the Town back a lot without having to go through the 239 process . Lin Davidson made a motion to approve. Viola Miller seconded. VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. • Rogan ' s Subdivision, Collins Road 1111 Mr. Platt explained to the Board that he had received a call from Frank Rogan who stated that he did not file with the County his Subdivision paperwork within the 60 day time limit. After a lengthy discussion by the Board, it was determined that he must go through the entire process again. Flag Lot Discussion Tom Ellis did some research on this topic and found out that Trumansburg requires 50 ' of frontage and 3 acre minimum . Residential is required to have 30 ' frontage and a 1 acre minimum for a flag lot. This does not include the driveway. It was discussed and agreed that the Town of Lansing should put in our description that the access strip from the main road to the lot be excluded from the footage. Dryden ' s minimum frontage is 125 ' , they make the back owner purchase a 1 ' strip and than all they need is a 15 ' strip to the back. The back owner would than own a 1 ' by 125 ' strip in the front. The Town of Ithaca allows Flag Lots as long as they meet frontage. R30 requires . 30, 000 sq. ft lot 100 ' on street. 150 ' wide set back. R15 60 ' to street, and 100 ' minimum set back. An R9 which is 9000 sq. ft. requires 10 ' to street and a minimum of 75 ' setback. Also, the deeds require shared driveways on all side by side flags . Lin Davidson stated that the Town of Ithaca has a new Ordinance that is going into effect that in the Agricultural Districts the minimum requirement is 7 acres per dwelling unit for any lot. Lin suggested that we use back land for residential and utilizing shared driveways . Lin is all in favor of flag lots . Gregg Travis made a statement indicating that we need to set ground rules as to what we are trying in encourage/discourage . • Thomas Ellis voiced his opinion that he opposed to flag lots in the sense that he does not like to see postage size lots attached to the back. He would like to see a minimum 2 acre restriction. Viola Miller felt that it depends on where it is, what the zoning is, and the infrastructure that is present . It was agreed that the Planning Board will look at the shape of the lot to conform with the district and the neighborhood. Nancy Loncto requested that at the next working meeting scheduled for December 22 , 2003 that Thomas Ellis return with suggestions for each district regarding Flag Lots . NYC Registration Forms Mr. Platt reminded the members that their forms must be by December 12 , 2003 . Lin Davidson made a motion to adjourn the meeting at 8 : 55 PM . David Hatfield seconded. VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. • • 0 V C 0 z -0• L.0CD 00 a) a 0- M O > N X X X X X X X © X X X M O X ? X o X X X X X X X © © P M 5 ti X X X © X X X © X X X N O • rNof) wr, cprN (7erLOCOIs- 000OrNLO �. N N N N N N C N N N to C� II II XO • M > ee o X X X X o X X X X X O D ez X X o x o X X X X X X o) co) 0 Hy) X X X X X X o o X o 0 co V MC.) O C cA ; x © X X X © X X X X 0 Cu = ow) 4 + CCca o X o X X X X X X X X imoQ • � o M C'J X o X X X o X 0 X © X h m Ca. %) X X o 0 X x X © X X o • � P C 03 o a : : : : : : : : : : : X X 0 2 c o X 0 X X X X o X X o co eh 0 J N o X X © X o X X X o 0 P_ • N co Tr III CD P� CO Cr) O r' (NI M d 111 (1) cc) CD 2 fl g N N N N N C NN 47 2 etQ II X 0 • Yea X X © © X X © X X X X o X © X X X X o X X X O N 0 X X X X X o © X X X r 0 M C O C = N X X X X X 0X X © X 0 CO .0 C n • o z 0 r X X X X X © X X X X X C M 1.0glipO !"9 (0 N X X X O X XXX X X 0 ® N CO C X X X x X X X X X X 5 C Cail M O ors.; X X X X X X X X X X r O oc,2 X X X X X X X X X X X r 0 m � 10 C tl! les v J Je0 — — C — i C — m — w C O ® C Z O V d ,L a C 0 G M ® > *ow .+ v as C 0 d 1 > c M 41 v C = R CO .1°C _ m o w r `-s° 0 2 a 0 0 f- a 2 • rNM � lncOr- OOOrNC1etUC) CONACO0) OrNCY) , I[) ' N N N N N N N N co a. < XO • Town of Lansing Planning Board Meeting November 24, 2003 Visitors Please Sign In Below : (Please Print) Name Address J1CoLAStLUsAR, o 1172JF11t3- k)vLLoe,D Itd 1 � 0% 9h t t ; e r /390 main lay Lack e • http : //www . lansingtown . com/ • 1 vhir\vic TOWN of LANSING cm "Home of Industry, Agriculture and Scenic Beauty " • ` %.thtZONING,� PLANNING AND CODE ENFORCEMENT �- - 1 Box 186 Lansing, NY 14882 1 \ ; �I E-mail: tolcodes@twcny. rr. com Town of Lansing Planning Board Working Meeting November 24 , 2003 7 : 15 PM Lansing Town Hall — Small Court Room http ://www. lansingtown .com/ Agenda Time: Agenda Topics • 7: 15 PM Bellisario & Phillips, Site Plan - Self Storage Unit North Triphammer Road, Parcel # 441 -2 7:30 PM Approval of November 10, 2003 Minutes 7:45 PM Flag Lot Discussion •