HomeMy WebLinkAbout2004-03-08 • •
Town of Lansing
Monday, March 8 , 2004 7 : 15 PM 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
Vince Mehringer 11 Pheasant Way
Alvin Feldzamen 3 Arrowood Lane
Brenda Piller 3 Arrowood Lane
• Robert Bland 36 Forest Acres Drive
Vicki Bland 36 Forest Acres Drive
S. Ryan Sun 10 Arrowood Lane
Anthony Massi . 14 Pheasant Way
Tom LiVigne 33 Grandview Drive
Richard Thaler 269 Asbury Road
Connie Colbert 16 Whispering Pines Drive
Tim Buhl Locke, NY
Marc Jouandet 52 Whispering Pines Drive
Jill Vaughan 2897 North Triphammer Road
Jim Catalano 19 Grandview Drive
General Business :
Nancy Loncto, chairperson opened the meeting at 7 : 15 PM. Nancy Loncto began the
meeting by making an announcement to all the public bodies in attendance that an error
was made in the publication of the Ithaca Journal Public Hearing Notice . The notice
printed stated that the Bland Major Subdivision was a Final Plat approval. It should have
read Informational Session for Preliminary Plat Submission.
• Bland, Robert & Vicki, Public Hearing-Preliminary Plat, Major
Subdivision — Pheasant Way, Parcel #40.-3-29.2
• Nancy Loncto opened the Public Hearing at 7 : 16 PM . The Ithaca Journal article was read
aloud to the Public . The floor was opened up for Public comment.
Alvin Feldzaman asked two (2) questions of the board.
1 . Have the Rules and Regulations of The Town of Lansing been applied to the
Preliminary Plat that the perspective Developer has to abide by?
2 . Who makes the determination?
Nancy Loncto responded by explaining to Mr. Feldzaman that the purpose of this
meeting is to take Public comment and not to address the Subdivision Rules and
Regulations at this particular time. As for the second question, Nancy explained further
that as a Board, they will consider that in its entirety and be guided by The Rules and
Regulations themselves and make a decision collectively following those Rules and
Regulations . Larry Sharpsteen and Nancy Loncto advised Mr. Feldzaman that all
Planning Board meetings are opened to the General Public .
Vincent Mehringer recently submitted a letter to the Planning Board strongly objecting to
the proposed location of the Pump Station. Mr. Mehringer stated two (2) reasons .
1 . The ownership of the turn around.
The Mehringer' s understanding at the time of purchase was that the turn around was
• actually part of their land and the Town would have temporary use of it for School Buses
and Snow Plows until the time that the road is extended. Mr. Mehringer has spoken with
Guy Krogh today regarding this issue and they seem to have different points of view on
this . The understanding there is a dispute about this and it has to be resolved regardless of
the Pump Station. Mr. Mehringer will be pursuing this matter with his attorney.
2 . The heart of the matter is how close the pump station is proposed to be to their home.
The pump station is closer to their house (Master Bedroom) than the Planning Board
table is to the parking lot. This will clearly have an impact on their property value being
that close to the house. Under the Consequential Severance Damage, The Mehringer' s
will pursue what ever they can to cover those damages .
Greg Travis asked Mr. Mehringer if it was his understanding that the Pump Station would
be put on an above ground structure. It was Mr. Mehringer' s understanding after
speaking with David Herrick that it would be an above ground structure, probably a slab
on grade.
Richard Thaler expressed his concern with the additional run off of the surface water
from the proposed Subdivision. Mr. Thaler would like to be reassured that the excess
water from this development will not affect the Whispering Pines Development.
•
Anthony Massi states he has a problem with the Pumping Station being located at the end
• of his driveway. Mr. Massi hopes that the Pumping Station can be located elsewhere on
the Bland' s property.
S . Ryan Sun explained that the Pumping Station would be located in his back yard.
There is a problem with surface water just sitting in-the backyards of residents in
Whispering Pines. Mr. Sun hopes that whatever is done that it doesn' t create more
surface water.
Connie Colbert wanted to highlight that water pressure and drainage are the two concerns
her family and the neighborhood have. There are times when the water pressure just
disappears or stops . Currently it takes a long time to just fill the kid ' s bath full. Also,
there is a lot of water that doesn 't seem to be draining properly. Ms. Colbert is going to
call the Town to see if they can check to make sure everything is draining properly.
Alvin Feldzamen asked if Mr. Herrick customarily attends Planning Board Meetings
when such technical matters such as water pressure, water flow and drainage arise?
Larry Sharpsteen advised Mr. Feldzamen when the Planning Board is in need of Mr.
Herrick being there, they request his presence at the meeting.
Nancy Loncto states she did speak with Mr. Herrick in regards to this issue. Mr. Herrick
has presented a letter with 13 issues that need to be resolved by the Bland ' s prior to any
• action being taken.
Richard Platt commented that this is the Preliminary Plat Plan. During the Final Plat Plan
it would be more appropriate for Mr. Herrick to be here. Currently the Bland ' s are
working with Mr. Herrick on a daily basis trying to iron out all the kinks .
Brenda Piller states that she is very familiar with the property. This land should be
considered Wetlands. Ms . Piller would like people to be aware of what they are building
on. Also, the water pressure has only gotten worse with the larger homes that they are
building. Ms . Piller would like the residents of Whispering Pines to be assured that this
project will not affect their water pressure.
Richard Platt advised the Public that the land that Ms . Piller is speaking of is not
designated as DEC-State or Federal Wetlands.
Richard Thaler requested to set the record straight, the State has declared this is not a
Wetland. The problem is with the area that borders this plan. The water that comes off
the hill both underground and over ground must have a reservoir on the Bland' s property
for natural runoff according to the law.
Lin Davidson made a motion to close the Public Hearing at 7 : 50 PM. Larry Sharpsteen
seconded. VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY.
Anthony Lombardo, 1 Lot Subdvision, 15 Armstrong Road, Tax Parcel
# 38- 1 - 16.22
•
Mr. Lombardo appeared before the Planning Board requesting a 1 Lot Subdivision. In
• August 2000 Mr. Lombardo purchased a neighboring lot and had them combined for tax
purposes . The Lombardo ' s would like to sell their home separately from this lot. Mr.
Lombardo is requesting approval for it to return to the way he originally purchased the
house.
•
Lin Davidson completed the SEQR. Lin Davidson made a motion to declare a negative
declaration. Larry Sharpsteen seconded. VOTE : ALL IN FAVOR. MOTION
CARRIED UNANIMOUSLY.
Richard Platt advised Mr. Lombardo that he would need to provide the actual survey to
the Code Enforcement Office.
Thomas Ellis made a motion to accept the 1 Lot Subdivision as submitted. Larry
Sharpsteen seconded. Lin Davidson made a motion to waive the Public Hearing. Larry
Sharpsteen seconded. VOTE : ALL IN FAVOR. MOTION CARRIED
UNANIMOUSLY.
Thomas Ellis re-stated his motion to accept the 1 Lot Subdivision as submitted. Larry
Sharpsteen seconded. VOTE : ALL IN FAVOR. MOTION CARRIED
UNANIMOUSLY.
Cornell University, Sketch Plan, 4 Lot Major Subdivision- Teeter Road
& Reach Run, Parcel # 36.-1 -15.2
• Mr. Thomas LiVigne, Operations Manager for Cornell Real Estate Department appeared
before the Board requesting a 4 Lot Major Subdivision. Cornell University recently
acquired a 90 acre parcel as a gift. Cornell felt that they could sell off some land and help
create some tax base for the Town of Lansing. The major portion of the property will be
kept as an 82 acre Natural Area which will be kept in its state. The proposed Subdivision
would consist of two (2) 1 . 7 acre parcels at the end of Teeter Road and two (2) 1 . 7 acre
parcels on Reach Run both having the required road frontage. Cornell feels they have
meet all the required conditions acceptable for a Subdivision.
Mr. LiVigne explained further that the 82 acre parcel will be kept in its Natural state.
Cornell Plantations is managing the property. This is a unique parcel, unique vegetation
to the area and will be kept in that state for the foreseeable future. Cornell plans to use
this as an outdoor laboratory for a long time to come .
Gregg Travis asked if Cornell would modify it, work on it, or clear it.
Mr. LiVigne states they will not clear it, nor will they put special plants in as part of the
deed restrictions . The proposed lots will have deed restrictions to limit what type of
plants they put in. They do not want the currents plants in the Natural Area to be invaded
and taken over. Mr. LiVigne stated he could never say or commit on behalf of Cornell
that this would remain a Natural Area 100 years from now, as things do change.
Nancy Loncto inquired as part of the Plantations how is it available to those individuals
that are not associated with the Plantations. That would be the larger Public in Tompkins
• County.
Thomas LiVigne stated people will be passively invited to come on the land. There will
• be an entrance with a path that will lead to the creek. As a Natural Area the traffic will
be limited. This parcel will not be posted with No Trespassing signs . Cornell has not yet
decided if they will permit hunting.
Bud Shattuck advised the Planning Board Members that the Town Board will look at this
very favorably as it' s the best way to deal with all this property. Prior to this meeting, Mr.
Shattuck spoke with Mr. LiVigne regarding the Town' s Sewer Plans and this parcel of
land. According to Mr. Shattuck, the Town will be working closely with Mr. LiVigne
and Cornell. Mr. Shattuck highly recommended that The Planning Board approve this
proposal .
Lin Davidson made a motion that this Sketch Plan be accepted as a Major Subdivision
and a Public Hearing set. Larry Sharpsteen seconded. VOTE : ALL IN FAVOR.
MOTION CARRIED UNANIMOUSLY.
Nancy Loncto requested from Mr. LiVigne that he obtain a legal opinion about how long
covenants are effective. Mr. LiVigne states they will be a part of the deed. They will run
with the land from owner to owner.
The Public hearing was set for April 12, 2004 at 7 : 15 PM .
Jill Vaughan, 1 Lot Subdivision, 2897 North Triphammer Road, Parcel
# 40.-1 - 1 . 1
Ms . Vaughan appeared before the Board requesting a 1 Lot Subdivision. This parcel was
• approved by The Planning Board for a 1 Lot Subdivision on May 8 , 1995 however, Ms .
Vaughan neglected to file with the necessary agencies . Ms . Vaughan states nothing has
changed since the last approval.
Lin Davidson completed the SEQR. Lin Davidson motioned to declare a negative
declaration. Larry Sharpsteen seconded. VOTE : ALL IN FAVOR. MOTION
CARRIED UNANIMOUSLY.
Thomas Ellis made a motion to waive the Public Hearing. Larry Sharpsteen seconded .
VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY.
Larry Sharpsteen made a motion to accept this 1 Lot Subdivision as submitted. Lin
Davidson seconded. VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY.
Richard Platt advised Ms . Vaughan the Code Enforcement Office will need 1 Mylar and
3 additional copies .
William Duthie, United Storage, 484 Ridge Road, Parcel # 32 .- 1 -3
Nancy Loncto advised the Members that she had a question whether the board can
grandfather Uses and Mr. Duthie is the particular example. The Town Attorney has
issued an opinion and feels that Under the Town of Lansing Land Use Ordinance, and the
New York State Law regarding non-conforming uses, this matter should be placed before
the Zoning Board of Appeals as they are the body empowered to grant Use Variances .
Larry Sharpsteen strongly opposed this procedure. Mr. Sharpsteen stated that The
• Planning Board voted this into their Ordinance on page 60, this would be allowed. It was
the intent of the Board to allow just such Uses and Extensions or Continuance within the
• same property. This was discussed over the course of several meetings .
Bud Shattuck reiterated that in Section 1001 . 1 of the Land Use Ordinance it clearly states
you can not have expansion.
Lin Davidson felt that this was a Zoning Board issue.
Nancy Loncto stated she felt confident with Mr. Krough ' s recommendation that this be a
Zoning Board of Appeals issue.
Larry Sharpsteen stated for the minutes, The Planning Board ' s intent when writing the
Ordinance was to allow continuing Uses to the extent that they didn ' t impinge on
surrounding property owners . They would allow the property owner at that Use to have
Use of his land whether to continue the same Use, or even to expand.
Bud Shattuck stated, should the Planning Board decide by unanimously or popular vote
to bring this opinion to Zoning Board of Appeals, The Town Board will convent an
objection to that. The Town Board will be strictly going by the law of the State, it ' s a
Non Allowed Use and it should automatically go to the Zoning Board of Appeals .
Other Business
Nancy Loncto advised the Board that previously this day she had a conversation with
David Herrick, Town Engineer regarding previously approved plans where Mr. Herrick
has had to clean up after the Board. Mr. Herrick has suggested that he participate or even
be at the meetings, he could for see those problems . Nancy and Bud spoke concerning
• the cost of Mr. Herrick to attend and they felt that they would review the agenda and then
make a determination whether his consultation would be needed. According to the new
Fee Structure, Mr. Herrick ' s charge can be charged to the individual that is taking
advantage of his consultation. Gregg Travis suggested that Mr. Herrick give the Planning
Board Members a presentation about the Water Distribution System for this area so they
have an better understanding when it comes to Stormwater.
Approval of February 9,2004 & February 23 , 2004 Minutes
Nancy Loncto requested of Larry Sharpsteen, Planning Secretary in the future that he
review all minutes and come with any questions or provisions .
Larry Sharpsteen made a motion to accept the minutes of February 9, 2004 as presented.
Lin Davidson seconded. VOTE : ALL IN FAVOR. MOTION CARRIED
UNAIMOUSLY.
Lin Davidson made a motion to accept the minutes of February 23 , 2004 . Larry
Sharpsteen seconded. Viola Miller made a suggestion that we add the word "suggested"
after following.
Flag Lots
The following changes in bold were made.
•
Lin Davidson made a motion to accept the minutes as amended. Larry Sharpsteen
• seconded. VOTE: ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY.
Working Meeting Agenda
Viola Miller & Larry Sharpsteen will return with comments regarding The Subdivision
Rules and Regulations .
Continue Flag Lot Discussion
Continue Application Process
IMR-Public Hearing
Larry Sharpsteen made a motion to adjourn the meeting at 9 : 00 PM. Lin Davidson
seconded. VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY.
•
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Town of Lansing Planning Board Meeting
• March 8, 2004
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kly\IIWI a TOWN of LANSING
*6 19 Iri
"Home of Industry, Agriculture and Scenic Beauty "
• 9.
obilor ZONING , PLANNING AND CODE ENFORCEMENT
i Box 186
� ` , \;� � Lansing, NY 14882
1l`'
� � i E-mail : tolcodesCo3twcny . rr . com
Town of Lansing
Planning Board Meeting
March 8 , 2004 7 : 15 PM
Lansing Town Hall — Large Court Room
http://www. lansingtown .com/
Agenda
Time: Agenda Topics
• 7: 15 PM Bland, Robert & Vicki, Public Hearing-
Preliminary Plat, Major Subdivision - Pheasant
Way, Parcel # 40.3-29.2
7:30 PM Lombardo, Anthony, 1 Lot Subdivision - 15
Armstrong Road, Tax Parcel # 38-16.22
7:45 PM Cornell University, Sketch Plan, 4 Lot Major
Subdivision - Teeter Road & Reach Run, Parcel
# 36.-1 -15.2
8:00 PM Vaughan, Jill, 1 Lot Subdivision, 2897 North
Triphammer Road - Parcel # 40:1 -1 . 1
8: 15 PM Duthie, William, Site Plan Review-United
Storage, 484 Ridge Road- Parcel #32.-1 -3
8:30 PM Privilege of the Floor
8:45 PM Approval of February 9, 2004 Minutes -
Approval of February 23, 2004 Minutes
•
Amended 03/08/04
Vriy\1111411TOWN of LANSING
* pa "Home of Industry, Agriculture and Scenic Beauty "
• 1 � piZONING , PLANNING AND CODE ENFORCEMENT
1 Box 186
` , \ � Lansing, NY 14882
1 ‘1111
‘ ii E-mail : tolcodes@twcny . rr . com
Town of Lansing
Planning Board Meeting
March 8 , 2004 7 : 15 PM
Lansing Town Hall — Large Court Room
http://www. lansingtown . com/
Agenda
Time: Agenda Topics
• 7: 15 PM Bland, Robert & Vicki, Public Hearing- Final
Plat, Major Subdivision - Pheasant Way, Parcel
# 40.-3-29.2
7:30 PM Lombardo, Anthony, 1 Lot Subdivision - 15
Armstrong Road, Tax Parcel # 38-16.22
7:45 PM Cornell University, Sketch Plan, 4 Lot Major
Subdivision - Teeter Road & Reach Run, Parcel
# 36.-1 -15.2
8:00 PM Vaughan, Jill, 1 Lot Subdivision, 2897 North
Triphammer Road - Parcel # 40:1 -1 .1
8: 15 PM Duthie, William, Site Plan Review-United
Storage, 484 Ridge Road- Parcel #32:1 -3
8:30 PM Privilege of the Floor
8:45 PM Approval of February 9, 2004 Minutes -
Approval of February 23, 2004 Minutes
S
Amended 03/04/04