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HomeMy WebLinkAbout2004-08-09 • Town of Lansing Monday, August 9 , 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 * David Herrick, P.E. Public Present Alvin Feldzamen Richard Thaler Larry Frabbroni Caren Baldini • Susan Pratt Louis Fabi Carolyn Fabi Connie Armstrong Darrell Rhoads Lorrie Rhoads Paul Constantini Marc Jouandet Virginia Jouandet Gerhard Schmidt Emily Franco Jase Baese James Hill Patricia Hill Robert Bland Anthony Hill John Hicks Delores Hicks Gary Volbrecht Effie Volbrecht Marshall Volbrecht Richard Baker Judy Baker General Business : Nancy Loncto called the meeting to order at 7 : 15 PM. Ms . Loncto opened the floor up for public comments and or questions. Alvin Feldzaman addressed the Planning Board with two different issues . • 1 Planning I tard Meeting 08-09-04 • 1 . The water supply in Whispering Pines is down to a dribble. A month ago he attended the Planning Board meeting and was told by an Engineer that it would be fixed. To date it has not. 2 . Sign Ordinances for the Town of Ithaca and the Town of Cortland were presented to Nancy Loncto for the Planning Board to review . Mr. Feldzaman has spoken with the Town Supervisor and the Town Attorney in regards to the Town of Lansing ' s Sign Ordinance as it pertains to 1 Whispering Pines Drive. Mr. Feldzaman will take this issue to the next Town Board Meeting for further discussion as he feels the Town is violating their Sign Ordinance . Paul Costantini read a statement prepared by The Costantini ' s regarding the banners that have been erected on his home. Statement on Banners By Paul and Patricia Costantini One Whispering Pines Drive Ithaca, NY 1. 4850 August 5 , 2004 • As many of you know we are firm believers in upholding existing zoning regulations. I (Paul) worked with my neighbors and the Town & Planning Boards of Lansing in upholding and clarifying the zoning ordinance. We hung our banners not in defiance of the sign ordinance, or with any thought that it would affect the property values of my neighbors . For ourselves we did not care if our property value would be affected, there is a higher value at stake ; free speech. as guaranteed. by the First Amendment and to make a statement that we believe in. We thought this is not a popular view or openly' verbalized in the Ithaca community, but we felt in our heart that it had to be said.. I don't believe the issue presented here is one of potential declining values, but an attempt by one individual to muzzle our voice . In fact the issue of property values is a red herring. All my neighbors who have commented to us, except for the one individual, have given us approval and encouragement. For many months we watched the perfusion of anti-Bush signs and bumper stickers proliferate in Ithaca . Al]. negative. most irrational, many disrespectful and in. our opinion dishonest. We put a small "Bush/Cheney" sign on our property, it was stolen. We read the lies on the signs and bumper stickers we saw around Ithaca. We thought of our 3000 dead neighbors killed by islamofascists . We thought of the 1. 000 service Hien and women, the cream of their generation, killed in Afghanistan and Iraq for us, our family, our neighbors, our country and Western Civilization. We knew we had to say something to show our thanks and support. We hung a banner that say's, "God Bless Our Troops and Their Mission . " A positive message, that was not anti anything, except perhaps Islamofascists . The one individual who objected., and is leading die petition drive to change the ordinance and deprive us of our free speech rights, harangued Patricia , with all the extreme left wing rhetoric for which he • is known . He is attempting to suppress dissent in Ithaca . The decline in property value issue is a red herring. At this time we put up our second banner in support of President Bush . Although we did not 2 PIamill€. Bo rd N-Ice ing 08-O9_U4 • initially support Bush, w•e thank God he is our president and pray fo.r four more years. First they stole our sign, now they want to steal our First Amendment Rights . Richard Thaler states the properties in the Whispering Pines development do have restrictions on them, however after viewing Mr. Costantini ' s banners he feels Mr. Costantini has the absolute right of freedom of speak. Dr. Marc Jouandet feels this is a fundamental issue of freedom of speech. Dr. Jouandet feels Mr. Costantini has every right to place these banners on his home, and would no more want an Ordinance in Lansing to ban them. Richard Thaler, Preliminary Plat-Phase V, Public Hearing-Parcel # 40 .- 3 -2 . 1 Nancy Loncto read the legal notice published in The Ithaca Journal . Larry Sharpsteen made a motion to open the Public Hearing at 7 : 30 PM. Lin Davidson seconded. VOTE : ALL IN FAVOR. MOTION CARRIED . Richard Thaler indicated to the board that he still has three (3 ) lots in Phase IV that are for sale. Mr. Thaler would like to proceed with Phase V, this Phase being his final Phase as a Developer. By putting in Phase V, they will join Water District 9 to District 14 and hopefully, have some sort of equation between the water pressures of the two water • systems and elevate some of the water. On lot 29 there is presently a house that will be dedicated to The Lansing Fire Department for training. Mr. Thaler intends to petition the Town Board for a water extension to District 14 for lot 22 . There is a right of way near lot 22 with a potential for a Town Road in the future . Mr. Thaler states the way he has this Phase set up, he is not trying to maximize the amount of land or houses . Larry Fabbroni reiterated that this Phase will loop the water system from the end of the existing Whispering Pines Drive to Warren Road. In layman ' s terms that means that the end of the line can get twice as much water as it currently does . The drainage from Phases IV and the Bland ' s project will be ushered through Phase V into quality and quantity holding areas south of Gulf Stream. These holding areas will be located on the south portion of Mr. Thaler' s property. At this time, Mr. Thaler would like to own and maintain them. Provisions have been made for Town easements for when the time comes for the Town to get involved . A discussion regarding a Drainage District has taken place and would be part of this Phase. Mr. Fabbroni and Mr. Thaler will work with the Town as to what they would like to do in that regard. Gregg Travis asked Mr. Fabbroni if the two (2) Water Mains that will connect are off the same tank so that they have the same pressure . Larry Fabbroni states currently they are off the tank in the Village Circle . Mr. Fabbroni • made it known for the record that the current development meets the State Building Code requirement for water pressure . 3 I'lttr:f, rii : Roam Ni ettn ? {is-09-04 • Richard Thaler asked the Planning Board to consider allowing Mr. Thaler to name the road Tiger Lily Lane as oppose to Pheasant Way. Public Comments : Louis Fabi presented the Planning Board Members with pictures of excessive water in a field near his home on Warren Road, after a snowmelt. The water continues to run down Warren Road over his driveway and nobody seems to know anything about it. Mr. Fabi is concerned as to what will happen if this continues in Phase V. Larry Fabbroni indicated that the water now is coming out of Phase IV and down the field to Warren Road. When the ditch in Phase V is built, it will be in back and routed down to the holding area, then directly into the creek. Richard Thaler states he was/is concerned that the water not go down Warren Road . Mr. Thaler has lived there many years and watched the drainage from Horkey' s land come onto his land and Warren Road. The County has never taken into consideration the scope of what has to be there. When talk began about Phase IV and V concerning the drainage, Mr. Thaler spoke to Mr. Bland and he never came to the Board with his concerns . Mr. Thaler states he advised Mr. Bland that he must take into consideration the water that comes off the top of Hillcrest and Bean Hill. The water in Phase V will be diverted into a holding pond, then into Gulf Creek. • The Planning Board advised Mr. Fabi to contact the Tompkins County Highway Department as this is a County Road. Caren Baldini a resident of Whispering Pines development who has lived there for 15 years has concerns regarding water pressure, drainage and speed limits . Ms . Baldini indicated that the water pressure is at its worst, often not even having water. A strong concern she has, Will there be enough water to fight a fire? This past winter there was so much standing water in the woods next to her house that the children were able to ice skate. Large construction trucks continue to exceed the 30 mph speed limit. There are many small children in the neighborhood and safety is a concern. Ms . Baldini is requesting that the trucks enter from Warren Road before another Phase of construction begins . Richard Thaler advised the members that he had received Ms . Baldini ' s concern regarding the trucks and their speed. A provision was inserted in the Contractors agreement stating they would be responsible for overseeing that the trucks did not exceed a speed limit of 25 mph while in the Whispering Pines development. Mr. Thaler states he will make a provision in the construction agreement that the trucks enter from Warren Road and not go over Whispering Pines Drive . David Herrick explained that his firm has looked into the sufficient fluctuation that has • occurred in the last couple of weeks regarding the water pressure. A change was conducted in the delivery of the water for the Town system beginning on July 13th 4 Pltarmi € � 13cx;rd (\ieetirt OS-09-04 • through July 29th. This change did stabilize the situation at the time . Pressure recording were taken at various fire hydrants in the Bean Hill area with significant stabilized pressure. A split was made of the Western side of town to the Bolton Point tank on Burdick Hill Road. With that segregation made, it increased the pressure. Mr. Herrick further stated that recently there have been significant users in the system that have either been operating fire hydrants or making some large demands out of the system below South Lansing. Within the next week Mr. Herrick should know why these demands are occurring. As the result of the loop comes the ability for pressure to stabilize more quickly in the system as oppose to dealing with the long dead end situation that they have had in Whispering Pines . Mr. Herrick is fully expecting to see improvements in the residual pressures . Mr. Herrick stated he is satisfied with the concept that has been proposed in regards to the Town owned drainage way behind lots 24 & 29, which front on Warren Road. There are still details that need to resolved with Mr. Whitney and Mr. Fabbroni in regards to drainage channels, grading and public control structures. Larry Sharpsteen asked Mr. Herrick if he had seen a copy of the letter from the County Planning Department indicating that the ditches shouldn ' t have to handle any runoff from the develop on Warren Road. Mr. Sharpsteen stated for the record, in his opinion the ditches on Warren Road have always been inadequate and has not been the fault of any of the people or developers who have built homes along there. This is a County problem, and the ditches should be larger. • Larry Fabbroni states he will be speaking with John Lampman from the County Highway Department within the next week and will discuss this issue with him. Robert Bland felt that it was unfair that he is required to install a 12" watermain along the future (Tiger Lily Lane) to connect to Thaler' s Whispering Pines Phase V . Mr . Bland ' s portion would only serve 4 homes in his subdivision. Another issue that was of concern was the diverting of water from Pheasant Meadows project north to his retention pond. He felt it could be changed to flow directly into Phase V of Whispering Pines along Tiger Lily Lane. David Herrick explained that this is not an isolated case requiring a 12" waterline. It completes a loop from Warren Road to Whispering Pines to Hillcrest to North Triphammer. Mr. Herrick indicated to the Planning Board that there are still details associated with the Stormwater basin, and road that must be worked out prior to final approval being granted. Larry Sharpsteen made a motion to close the Public Hearing at 8 : 11 pm. David Hatfield seconded. VOTE : ALL IN FAVOR. MOTION CARRIED The Rink-Locker Room Expansion-Site Plan Review No one present on behalf of the Rink to facilitate the presentation. • 5 Nanning 13oard Meeting 08-09414 • Emily Franco & Jase Baese, 1 Lot Subdivision, Also Waive Site Plan for Bed & Breakfast, 142 Benson Road, Tax Parcel # 38.-1 -10 .2 Emily Franco & Jase Baese appeared before the Planning Board requesting two actions be granted. The Franco-Baese ' s have a total of 27 . 9 acres of land and would like to subdivide into two parcels . The first parcel would consist of a 5 acre plot with house and 300 feet of road frontage . The other parcel would consist of 22 . 68 acres of land with 60 feet of road frontage for the purpose of building at a later date . The second action is to Waive the Site Plan review for a proposed Bed & Breakfast House at 330 Peruville Road. This house will be converted into a Bed & Breakfast in stages beginning with 3 guest rooms, then on to 5 . To: From: Lansing Planning Board Emily Franco Jase Baese 142 Benson Road Freeville, NY 13068 607-533- 7643 Date: Presentation August 9th, 2004 Re: Subdivision of land, site survey for Bed & Breakfast We are applying for two separate actions. The first is the subdivision of our existing property at 142 Benson Road, Tax No. 38- 1 - 10.2. We have completed the required subdivision form and are applying to divide our 27.9 acres into two plots: • — A 5 acres plot with house and 300 feet of road frontage, as indicated on the attached tax map enlargement (a survey is currently being completed). • A 22.68 acre plot with 60 feet of road frontage, as indicated on the tax map. We are asking for approval of the 60 feet of road frontage and the ability to build on the 22 acres at a future date. The second action is approval for a Bed & Breakfast at 304 Peruville Road, Tax No. 30- 1 -26. 1 . We will close on the property in mid-August and intend to turn the current rooming house into a bed and breakfast. The site plan review application, a site layout and photos are attached. Specifically, our plan is for the following: 5 guestrooms requiring cosmetic upgrades to existing facilities. — 1 sign not exceeding 9 square feet preceding the driveway on Peruville Road (south side of house) as shown on the diagram. Lighting will be provided only directly onto the sign itself. -- 8 parking spaces on the east side of the house, with lighting shining from the house onto the parking area and from the house onto the path to the main entrance. This should not be a disturbance as it faces the woods between the 304 property and the neighboring business. Our personal parking would be at the back side of the house (northeast comer). -- Fire safety as outlined in Residential code of New York F1010.21 to include the following: 0 Signage including location of nearest exists and alarms, evacuation procedures and room maps to exits 0 Portable escape ladders in each guestroom 0 Advanced fire alarm system to include hardwired heat and smoke detectors with strobe lights and horns, battery back up, wall pulls, and an automatic dial out to the fire department. With these fire safety measures, we are also asking for approval to finish the third floor space for personal living space. The Planning Board Members agreed that the 1 Lot Subdivision is a doable plan. 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. 6 Planning flo. rd Meeting 06-Q9-94 • Thomas Ellis made a motion to waive the Public Hearing. David Hatfield seconded. VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. Thomas Ellis made a motion to accept this 1 Lot Subdivision pending a final Mylar. Larry Sharpsteen seconded. VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. Bed & Breakfast Review The Board reviewed the submitted Site Plan. Nancy Loncto requested that the applicants return with a plan to include the size and location of the parking spaces to include the setbacks from the lot lines . The exact location of where the B & B Sign will be located, also, if lighting will be on the Sign a fully scaled design needs to be included. What kind of exterior lighting will be used, to include catalog cuts that gives further information. An exact location to where the exterior lights will be placed on the building. Emily Franco stated that the guest would enter on Peruville Road and exit onto VanOstrand Road. The driveway will continue to be a gravel base. The Franco-Baese ' s will return with a new survey map showing the above requests . Armstrong/Rhoads, Boundary Change, 1 Lot Subdivision, East Shore • Circle- Parcel # 37. 1 -7. 22 & 37. 1 -7.21 .2 Darrell Rhoads and Constance Armstrong appeared before the Planning Board with a request to do a 1 Lot Subdivision and boundary changes in order to settle their Mother' s Estate. The 2 homes that will be sold are 54 & 56 East Shore Circle. For the property at 56 East Shore Circle, its total acreage is 24 . What the Rhoads/Armstrongs ' would like to do is create more than an acre for each house in order to sell . Once the Subdivision is completed 56 East Shore Circle will have 1 . 5 acres and a home, 54 will be 1 . 76 acres . The remaining 20 acres of land will be divided up between Mr. Rhoads of 10 Teeter Road and Constance Armstrong of 60 East Shore Circle. They are requesting that the boundary lines be changed between 56 East Shore Circle to 60 East shore Circle to create more road frontage for Constance Armstrong. Ms . Armstrong ' s current road frontage is 70 ' and they would like 90 ' . David Hatfield made a motion to accept the changes as proposed with the Subdivision pending a negative SEQR. Lin Davidson completed the SEQR. Lin Davidson made a motion to declare a negative declaration. Viola Miller seconded. VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. Larry Sharpsteen made a motion to waive the Public Hearing. Viola Miller seconded. • VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. 7 Planning Board Meeting 08M9-04 • David Hatfield amended his motion to accept the proposed 1 Lot Subdivision as presented with the boundary changes . Larry Sharpsteen seconded. VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. John Hicks, Preliminary Plat, 4 Lot Subdivision-Murfield Drive, Parcel # 42 .- 1 - 1 . 122 Mr. Hicks appeared before the Planning Board with a proposed Water and Road Extension Map prepared by Timothy Buhl. David Herrick had the following comments : Hicks Subdivision Lots 1 -4 were included in the Town's Water District #5- 1 , now the Town Consolidated Water District, in August 2001 with the understanding that the water main extension would terminate in the vicinity of the Lot 3-4 boundary due to the high main pressure. The proposed water main must be shown to terminate at the mid-point of Lot 3 and not extend any further west. Water service to the balance of any future lots must be extended from the main on East Shore Drive. . There are several minor inconsistencies with the road cross-section and profile that will be resolved with Mr. Buhl, PE. . The total land disturbance will likely be within 1 -5 acres. An erosion and sediment control plan is required per NYSDEC SPDES GP-02-01 but has not yet been submitted. Further, I recommend that the Town add as a condition of subdivision approval that the permanent stomiwater controls required for any future development of the remaining lands to the west incorporate mitigation for these parcels and associated infrastructure. • Richard Platt reminded the members that the Subdivision was approved in 1999 and the Tompkins County Health Department rejected it stating Mr. Hicks needed larger lots . Mr. Anderson has since given approval for this project. David Herrick reminded the Board that this will have to go before the Town Board for consideration of the Road Extension. Thomas Ellis made a motion that the Planning Board accept this as a Preliminary Plat. Larry Sharpsteen seconded. VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. The Public Hearing was set for the first meeting in September (09/ 13/04) at 7 : 30 PM. Discussion/Recommendation for the Zoning Board of Appeals regarding, Gary/Rodney Volbrecht-Area Variance-Create a Flag Lot with an Easement, Parcel # 37. 1 -7-3 . 22 & 37. 1 -7-3 .21 Larry Sharpsteen stated that the Volbrecht ' s are requesting the Zoning Board of Appeals grant a Variance to allow a landlocked parcel be developed based on an easement. The Planning Board members explained to the Volbrecht ' s that the Subdivision Rules and Regulations state you must own to the road. Rodney plans to erect a Storage Building on his parcel of land to store his work tools . • It was the consensus of the board that this could lead to problems down the road if any of the properties involved were to change hands . It was recommended that Mr. Platt check 8 Panni ig 13riard Meeting 0-09-04 • with the Town ' s Attorney with regards to the viability of a permanent Easement or IIP possibly another suggestion. Larry Sharpsteen stated for the records, if the response from the Attorney is positive, then the Planning Board will provide recommendation to the Zoning Board of Appeals to accept. Approval of July 26, 2004 Minutes Nancy Loncto made a motion to accept the minutes as submitted. Larry Sharpsteen seconded. VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. Other Business Mr. Platt asked the Board for their opinion in regards to H. Floyd Davis ' s plan to sell neighboring homeowners land to preserve their lake views (boundary changes) and the construction of a Town built road. The Planning Board suggested that Mr. Davis present his plans to the Planning Board at their September meeting. Use of Egans Building A gentleman has inquired about using the Egans building for a Tire recycling center. The tires would be brought to this location on a day to day basis, separated and then transported elsewhere. • It was discussed and agreed that recycling in that location does not suit the Comprehensive Plan of the Town of Lansing. Existing Vendor- Fruits and Vegetables A complaint has been received in the Code Enforcement Office regarding a long time vendor selling fruits and vegetables down by the Church (Brickyard Road) . Mr. Platt states it is no longer an allowed use for that area. A gentleman has established a pattern of doing business in this spot, however, it is not a permanent location as he is not their everyday. According to Mr. Plan the Church will not claim ownership of this property. Evidentially when they made changes to the road, they left a little ledge. The Tax Map shows that it is part of the Church property. The Board Members opinions varied, they felt this is something Guy Krogh should look into further. Mr. Platt will forward this to Guy Krogh. Larry Sharpsteen made a motion to adjourn the meeting at 9 : 20 PM. Lin Davidson seconded. VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. 9 • Town of Lansing Planning Board Meeting August 9, 2004 Visitors Please Sign In Below : (Please Print) Name Address. earth / 0 Ifkuspa ( Pirketillit, LLE anerte-7, Arrist-,7<- 0 (4°9-1C-- � , /oV3OdttcetI (Pairems, Vrievit Connie. Grretw .� L' 1r .tI d Ana 10 J it/ • Ta4k art, w 1\44\e- L ` mo 01, 4 rty, Aiaxlat,2 Cir- azd # kAti ce C ( ‘11 kidfiegase nvse- .Tit 2 /,1 cum a(X •1.; /11E-SFirine (C( f449( ' / z IC 41/9e.77/ 7� % Be &/ tkia -Fora.-Sr Dv AvtalLtol Heti tul nun- Lo` rrti ,obbron http : //www. lansingtown . com/ • 4LCardP2cd4.( 1r J� � Qke! • Town of Lansing Planning Board Meeting August 9, 2004 Visitors Please Sign In Below : (Please Print) Na • Adress / �� / 934 - • V / • / !1' i/ ,2W / s f nip/ ion, heRoi( , snau Rd • http ://www. lansingtown . corn/ • 41. � _ TOWN of LANSING Q� ® "Home of Industry, Agriculture and Scenic Beauty " • 9. 1ZONING , PLANNING AND CODE ENFORCEMENT • 1 ) Box 186 Lansing, NY 14882 Il E-mail : tolcodes@twcny . rr . com Town of Lansing Planning Board Meeting August 9 , 2004 7 : 15 PM Lansing Town Hall — Large Court Room http://www. lansingtown.com/ Agenda • Time: Agenda Topics 7:15 PM Richard Thaler, Whispering Pines - Public Hearing, Preliminary (Plat, Phase V, Parcel # 40.3-2.1 7:30 PM The Rink-Locker Room Expansion-Site Plan Review 7:45 PM Jase Base & Emily Franco, 1 Lot Subdivision, Also Waive Site Plan for B & B-Brink House, Peruville Road 8:00 PM Connie Armstrong/Daryl Rhoads, Boundary Change- 1 Lot Subdivision, East Shore Circle, Parcel # 37.1 -7.22, 37.1-7.22, 37.1-7.21 .2 8:15 PM John Hicks, Preliminary Plat, 4 Lot Major Subdivision'- Murfield Drive, Parcel # 42:1 -1 .122 8:30 PM Discussion/Recommendation for the Zoning Board of Appeals regarding Gary/Rodney Volbrecht, Area Variance-Create a Flag Lot with a an Easement, 42 Drake Road, Parcel # 37.1 -73.22 & 37.1-73.21 9:00 PM Approval of July 26, 2004 Minutes • • • 0 0 0 X X x X X X X X X X O 0 J X - 0X X 0 X O X X X asi0 O O Y X x 0 0 X X 0 0 74?0 X X X X X X X X 0 X N Co) 0 — X X 0 X X X X X X X X O M U O ro X X X X X X X X X X O 0 o X X O — _ _ _ _ 0 aran 0 J O LL CO W NQ P V O O X X X X X X X X X O X It= C M ; C6tl J 7 6A J 42) c CO C 0 •-6w > V te+ 0te+ O 0 of 3 t4 0 R m o Cu' g 9 0 E 0. 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