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HomeMy WebLinkAbout2006-11-13 • APPROVED Town of Lansing Monday, November 13, 2006 7:15 PM PLANNING BOARD PLANNING BOARD MEMBERS (*Denotes present) * Nancy Loncto, Chairperson * Tom Ellis * Larry Sharpsteen * Lin Davidson * Viola Miller * David Hatfield Brian Ivery * Larry Zuidema * Matthew Besemer, Town Board Liaison * Richard Platt, Zoning and Code Enforcement Officer David Herrick, P.E. Town of Lansing Engineer * Lorraine Moynihan Schmitt, Esq. * Darby Kiley, TOL Environmental Planner • Public Present Floyd & Wendy Davis Geoff Coates Carol Baugh Scott Hicks Jim Eyster Deborah Trumbull John McLean Bud Shattuck Linda McLean General Business Nancy Loncto called the Planning Board Meeting to order at 7: 17 PM. Ms . Loncto inquired if there were any questions or concerns from the general Public. There were none. • Lakeforest Subdivision Clarification for the record, on the Planning Board Agenda the Subdivision name was listed as Lakeview Subdivision. The correct name is: Lakeforest Subdivision. DRAFT 11 - 13-06 Planning Board • Ms. Loncto read aloud the following Legal Notice published in The Ithaca Journal. LEGAL NOTICE OF PUBLIC HEARING TOWN OF LANSING PLANNING BOARD PLEASE TAKE NOTICE that the Planning Board of the Town of Lansing, New York, will hold a public hearing on November 13, 2006 at 7:20p .m. at the Lansing Town Hall, 29 Auburn Road, on the environmental significance, pursuant to the State Environmental Quality Review Act, of an application made by H. Floyd Davis for approval of a residential five lot subdivision of a parcel located at Myers and Ridge Road, in the Town of Lansing, said land being more commonly identified as the Town of Lansing Tax Parcel Number Tax Parcel No . 32.-1 -37.428 ( 61 . 16 acres) and otherwise known as the Lake Forest Subdivision. The application for this subdivision is open to inspection at the office of the Town of Lansing Town Clerk at the Town Offices located at 29 Auburn Road, Lansing, New York . Persons wishing to appear at the hearing may so in person or by attorney or other representation. All interested persons or representatives thereof will be given an opportunity to be heard . Individuals with visual, hearing, or manual impairment and requiring • assistance should contact the Town of Lansing 533-7054 at least 48 hours prior to the time of the public hearing. Richard G. Platt Code Enforcement Officer Town of Lansing September 29, 2006 Lin Davidson made a motion to open the Public Hearing at 7:21 PM. Thomas Ellis seconded. VOTE AS FOLLOWS: Lin Davidson - Aye Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto - Aye • Viola Miller - Aye Larry Sharpsteen - Aye 2 DDA �m iel ' T 11 - 13-06 Planning Board • Larry Zuidema - Aye MOTION CARRIED. COMMENTS/CONCERNS H. Floyd Davis gave a brief description of the proposed Subdivision. Mr. Davis stated the Subdivision will consist of five (5) lots, each two (2) acre in size. The proposed Town Road will be approximately 1,500 feet long and will provide frontage to the lots. It will also provide access to Mr. Davis's property as well as the Coates s property. Lakefront properties that currently use a shared driveway will also benefit from the Town Road. Jim Eyster resident of Fiddler's Green questioned how the drainage will be resolved. H. Floyd Davis explained that there is a large retention pond that is approximately one and a half acre (11/2 ) acre that will allow for drainage. Timothy Buhl, Project Engineer and David Herrick, Town Engineer has gone through extensive Stormwater calculations to determine the volume runoff of different storms for this pond. The pond will act as a buffer to collect the initial volume of the main runoff. Larry Sharpsteen suggested that the record be stricken where H. Floyd Davis states "Town Road" and sited as "Proposed Town Road" . Lin Davidson made a motion to close the Public Hearing at 7:26 PM. David Hatfield seconded. • VOTE AS FOLLOWS: Lin Davidson - Aye Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto - Aye Viola Miller - Aye Larry Sharpsteen - Aye Larry Zuidema - Aye • MOTION CARRIED. All Planning Board Members were provided with a copy of the prepared Full Environmental Assessment Form (I FAF) for review. The Planning Board reviewed Part I of the LEAF as completed by the applicant. Lin Davidson read aloud each section of Part II of the LEAF for discussion by the Planning Board. The Planning Board completed and discussed Part II of the LEAF and identified and analyzed any and all potential environmental impact(s). Because no action in Part II of the LEAF was (1) identified by the Planning Board as a potentially large environmental impact or (2) identified as an environmental impact for which the Planning Board could not assess the magnitude, it was not necessary for the Planning Board to complete Part III of the LEAF. Lin Davidson made a motion to dedare a negation declaration. Viola Miller seconded. • VOTE AS FOLLOWS: 3 DRAFT I 1 - 13-06 Planning Board • Lin Davidson - Aye Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto - Aye Viola Miller - Aye Larry Sharpsteen - Aye Larry Zuidema - Aye MOTION CARRIED. One Lot Subdivision, Munson Road, Parcel # (s) 20.4-7.111 & 20.-1-7.112, Applicant: Carol Eastman Due to an unexpected injury, Ms. Eastman was unable to be in attendance. After reviewing the submitted paperwork, Members had further questions that would need to be answered by Ms. Eastman. It was the consensus of the Planning Board to postpone any further discussion on this Application until the December 11, 2006 Meeting. The Planning Board requested that Mr. Platt contact Ms. Eastman to advise her of the postponement. Set Public Hearing for: Site Plan Review, Used Car Sales - 119 Auburn Road, Parcel # 31.-7-1, Applicant: Patrick Neff • Mr. Neff appeared before the Planning Board for the preparation of Site Plan Review. Mr. Neff has rented the building at 119 Auburn Road owned by Marty Conlon. Mr. Conlon operated a Repair Shop for approximately twenty-five (25) years at that location. Mr. Neff would like to add a few used cars two-three (2-3), six (6) at the most for resale. The hours of operation will be 8 am to 5pm, five (5) days per week. There will be no changes to the property, no signs or lighting. Larry Sharpsteen expressed to Board this site was originally an Automobile Sales Business, it also has been used as Auto Repair, and an adjunct to the Town of Lansing Highway Department. This request is a permitted and or past use with no changes being made to the site from its current configurations. Larry Sharpsteen made a motion to waive the requirements for a Public Hearing. Thomas Ellis seconded. VOTE AS FOLLOWS: Lin Davidson - Aye Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto - Aye Viola Miller - Aye Larry Sharpsteen - Aye • MOTION CARRIED. Larry Zuidema - Aye 4 DRAFT 11 - 13-06 Planning Board • One Lot Subdivision, Ridge Road, Parcel # 25.-1-9.6, Applicant: Linda & John McLean The McLean s appeared before the Planning Board requesting their property be Subdivided. It is being requested that the Residential property be split from the Commercial property in order for the assets of properties to be placed in each of their own names. After reviewing the Survey Map presented, it was requested by Lorraine Moynihan-Schmitt, Legal Council for the Town that she is provided with a copy of the Abstract and Title to review, due to the shared driveway that appears on the Survey. John McLean advised Legal Council that there is a deed restriction that gives a right-of- way to the house. According to John McLean this was a previous requirement from his bank in order to obtain a Mortgage on the Apartment Building. Thomas Ellis stated with the subdivision of both lots, if for some unknown reason they are unable to share the driveway, each lot has enough road frontage to install their own. David Hatfield and Larry Sharpsteen agreed. Lin Davidson completed the SEQR. Lin Davidson made a motion to declare a negative declaration. Larry Sharpsteen seconded. VOTE AS FOLLOWS: Lin Davidson - Aye • Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto - Aye Viola Miller - Aye Larry Sharpsteen - Aye Larry Zuidema - Aye MOTION CARRIED. Larry Sharpsteen made a motion to accept the Subdivision as proposed pending review by Lorraine Moynihan-Schmitt, Esq. of the property's Abstract and Title. David Hatfield seconded. VOTE AS FOLLOWS: Lin Davidson - Aye Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto - Aye Viola Miller - Aye Larry Sharpsteen - Aye Larry Zuidema - Aye MOTION CARRIED. • 5 DRAFTq 11 - 13-06 Planning Board • Set Public Hearing for: Site Plan Review, Anticipation Antiques, 92 Peruville Road, Parcel # 30.-1-21, Applicant: Bud & Gina Shattuck Bud Shattuck appeared before the Planning Board requesting a Site Plan Review for his future Antique Business. David Hatfield made a motion to set a Public Hearing for Monday, December 11, 2006 at 7:20 PM. Lin Davidson seconded. VOTE AS FOLLOWS: Lin Davidson - Aye Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto - Aye Viola Miller - Aye Larry Sharpsteen - Aye Larry Zuidema - Aye MOTION CARRIED. Site Plan Review For: Town of Lansing Salt Storage Building, 10 • Town Barn Road, Parcel # 30.-1-16.12, Applicant: Town of Lansing Richard Platt, C.E.O for the Town of Lansing explained to the Board that the Town Highway Department is in need of a covered Salt / Sand Storage Building due to the upcoming Department of Conservation Regulations. Mr. Platt explained the building is manufactured by Accu-Steel and holds approximately five thousand tons, 90% sand and 10% salt. There will be no lighting on the outside, only on the inside. The building will be approximately 38' . The Town Board adopted by Resolution 06-208 Declared Lead Agency and issued a Negative Declaration, however, a coordinated review in terms of SEQR was not affected, therefore, the Planning Board must also do a SEQR. The Planning Board reviewed Part I of the Short Environmental Assessment Form (EAF) completed by the applicant. Lin Davidson completed Part H of the EAF with the input of the Planning Board members. No adverse impacts of effects were identified in Part II by the Planning Board members. Lin Davidson made a motion to declare a negative declaration. Larry Sharpsteen seconded. VOTE AS FOLLOWS: Lin Davidson - Aye Thomas Ellis - Aye David Hatfield - Aye • Nancy Loncto - Aye Viola Miller - Aye 6 DRFTD ^ A I 1 - 13-06 Planning Board • Larry Sharpsteen - Aye Larry Zuidema - Aye MOTION CARRIED. Approval/Denial of October 23, 2006 Minutes Thomas Ellis indicated on page 3, after the first paragraph there should be the question asked by him concerning the pond configuration and David Herrick's response. The Members agreed that the minutes should include that conversation. Rachel Jacobsen will review the tapes, and insert the necessary wording. Thomas Ellis made a motion to approve the minutes of October 23, 2006 to include the amendment made by Ms. Jacobsen. Lin Davidson seconded. VOTE AS FOLLOWS: Lin Davidson - Aye Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto - Aye Viola Miller - Aye Larry Sharpsteen - Abstained Larry Zuidema - Aye • MOTION CARRIED. Treasurer Report David Hatfield gave a brief overview of the 2006 Planning Budget to include the modifications. Mr. Hatfield further explained the different expenses paid out in October and the remaining balance. The total debit is $9,338 .66 with a credit of $9,362.50. Lin Davidson made a motion to approve a bill for $300.00 to re-do the Zoning Ordinance. Mr. Davidson further stated the Ordinance must still be proof read; however, it has been transformed from the Spread and Chart to a narrative form. Viola Miller seconded the motion. VOTE AS FOLLOWS: Lin Davidson - Aye Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto - Aye Viola Miller - Aye Larry Sharpsteen - Abstained Larry Zuidema - Aye • MOTION CARRIED. 7 DRAFT 11 - 13-06 Planning Board • 2006 Planning Board Training Nancy Loncto inquired as to who had not completed their Training for this year. They are: Brian Ivery, Viola Miller, and Larry Zuidema. Ms. Loncto announced an upcoming presentation on Natural Features to be held on Tuesday, November 14, 2006 from 7 to 8:30 PM at the Lansing Town Hall. Town Board Liaison Report Matthew Besemer advised the Planning Board Members that the new Zoning Ordinance Committee has not met since their first meeting on October 12, 2006. Mr. Besemer indicated he received from Nancy Loncto all comments and has forwarded them to the Members of that Committee. So far there has been no response from anyone. Mr. Besemer reiterated that the County is helping the Town, not writing the Ordinance as speculated by many. Furthermore, Mr. Besemer stated The Town Board does not have their own Agenda, by having the County assist the Town, was a feasible monetary way of the task getting accomplished. Thomas Ellis stated as a Planning Board Member and a Resident of Lansing he feels that the County is driving the Town to increase the density before any money is allotted for Sewer. Mr . Ellis stated he did not see where any thing needed to be changed that drastically in the Ordinance. • Bud Shattuck added that historically it takes a couple of years to look at a Zoning document and make changes to fit in with a Comprehensive Plan. The Town' s thought was to in bring someone in to help expedite the process using The Planning Board' s ideas . Lin Davidson indicated that the current Zoning Ordinance allows for when Sewer comes in, he does not see how the County can help the Town. Larry Sharpsteen stated on the record that the Planning Board has made the comment for years that Residential does not pay for infrastructure . You do need Commercial or Industrial . Zoning Ordinance Reorganization Nancy Loncto stated the Planning Board hired a Typist to go through an exercise of looking at both charts, Schedule I & II in relations to all the Special Conditions and is now seeking Board Members to volunteer their time to proof read the document. Larry Sharpsteen and Thomas Ellis volunteered . • Sewer Meeting- Committee 8 ^ DID A' 1�T 11 - 13-06 Planning Board • Bud Shattuck expressed to the Planning Members that there is a Sewer Committee that meets every other week for the last two (2) years . These meetings are open to the Public, and minutes are available on line . The Sewer Committee is inviting the Planning Board Members to participate and even possibly becoming a Committee Member. A Sewer Open House will be held on Saturday, December 9, 2006 from 10 :00 AM to 1 :00 PM at The Lansing Town Hall Board Room for questions and answers . The next scheduled Sewer Meeting is Wednesday, November 29, 2006 at 5 :00 PM in the Lansing Town Hall Board Room. Next Planning Board Meeting Nancy Loncto distributed documents to the Planning Board Members to review prior to the next working meeting to be held on Monday, November 27, 2006 at 7: 15 PM. This meeting will be a Training Session with Lorraine Moynihan Schmitt being the presenter on SEQR Process . Nancy Loncto will gather information on a current Subdivision for this training session. Larry Sharpsteen made a motion to adjourn the meeting at 8 :52 PM. David Hatfield seconded . VOTE AS FOLLOWS: • Lin Davidson - Aye Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto - Aye Viola Miller - Aye Larry Sharpsteen - Aye Larry Zuidema - Aye MOTION CARRIED. • 9 • Town of Lansing Planning Board Meeting November 13, 2006 Visitors Please Sign In Below : (Please Print) Name Address reilez4 \BMIC15ofi.nuces cPEEN5 LtNS//l/ G ‘EoPC roATF-5 g•at-iCETT- %„1,4,:m -Fwvdi- W d Thavts 244 M erS Se01 Eic \cs I U cr-\ e,k wnanl M PI sT _ l FttegaS G rpt foory4, --rjr we-Nlan\ i 2 -37? At_cys TOW (i_ tet a„,tday,,4 http : //www. lansingtown . corn/ p 17 •tkil TOWN of LANSING III Q "Home of Industry, Agriculture and Scenic Beauty " 1, �'9 � i ZONING , PLANNING AND CODE ENFORCEMENT 1 Box 186 `, ; Lansing, NY 14882 ' ���' ��� � i E-mail: tolcodes@twcny. mcom Town of Lansing Planning Board Meeting November 13 , 2006 7 : 15 PM Lansing Town Hall — Large Court Room http://www. lansingtown . com/ Agenda Time: Agenda Topics 7: 15 PM Privilege of the floor S . 7:20 PM Public Hearing - SEQRA Review, Lakeview Subdivision, Parcel # 32.-1 -37.428, Applicant: H . Floyd Davis 7:40 PM One Lot Subdivision, Munson Road, Parcel #(s) 20.-1 -7. 111 & 20.-1 -7. 112, Applicant: Carol Eastman 7: 50 PM Set Public Hearing for. Site Plan Review, Used Car Sales - 119 Auburn Road , Parcel # 31 .-7-1 , Applicant: Patrick Neff 8: 00 PM One Lot Subdivision , Ridge Road, Parcel # 25.-1 - • 9. 6, Applicant: Linda & John McLean • • 8: 15 PM Set Public Hearing for: Site Plan Review, Anticipation Antiques, 92 Peruville Road , Parcel # 30.-1 -21 , Applicant: Bud & Gina Shattuck 8:20 PM Site Plan Review For: Town of Lansing Salt Storage Building , 10 Town Barn Road, Parcel #30.-1 -16. 12, Applicant: Town of Lansing 8:30 PM Approval/Denial of October 23, 2006 Minutes 8:35 PM Any Other Matters (Procedural Lists- Agenda for Working Mtg. on 11/27/06) 9:35 PM Town Board Liaison Update/Questions Page 1 of2 • Tolcodes • From : "Lorraine Moynihan Schmitt" < LSchmitt@thalerandthaler.com > To : "' Nancy Loncto"' <njs6@IS . Cornell . edu > Cc : "'Tolcodes"' <tolcodes@twcny . rr. com > Sent : Monday, November 06 , 2006 8 : 53 AM Subject : RE : Possible SPAM -CISNet: 10-23-06 PB executive session minutes Hi Rachel - - Just a reminder though , these minutes do not get published with the open minutes and are not part of the public record . Thanks , Lorraine Lorraine Moynihan Schmitt , Esq . Thaler & ThalerCO4,I`q 0 309 North Tioga Street �� P . O . Box 266 O Ithaca , New York 14851 - 0266 Telephone : ( 607 ) 272 - 2314 Facsimile : ( 607 ) 272 - 8466 Confidentiality Notice : The information contained in this email message may be legally privileged and contain confidential information , and is intended only for the use of the individual or entity to whom it is addressed . If the reader of this message is not the intended recipient , you are hereby notified that any dissemination , distribution , or copying of this message is strictly prohibited . If you have received this email in error , please immediately notify us be telephone ( 607 - 272 - 2314 ) , by fax ( 607 - 272 - 8466 ) , or by return email and delete this message . • If you have not formally retained this firm for legal services , then we are not your attorneys and neither this communication nor any attachments hereto constitute the provision of legal services or the establishment or confirmation of an attorney - client relationship . Original Message From : Nancy Loncto [ mailto : njs6@IS . Cornell . edu ] Sent : Monday , November 06 , 2006 8 : 43 AM To : Lorraine Moynihan Schmitt Cc : Tolcodes Subject : RE : Possible SPAM - CISNet : 10 - 23 - 06 PB executive session minutes Dear Rachel , Please add this to the agenda for next Monday - we will need to approve . N Nancy J . Loncto Associate Director for Administration Southeast Asia Program Cornell University 180 Uris Hall Ithaca , NY 14853 Phone ( 607 ) 255 - 8902 Fax ( 607 ) 254 - 5000 URL www . einaudi . cornell . edu / southeastasia Original Message From : Lorraine Moynihan Schmitt [ mailto : LSchmitt@thalerandthaler . com ] 11 /6/2006 Page 2 of 2 Sent : Friday , November 03 , 2006 11 : 04 AM To : ' Tolcodes ' • Cc : Nancy Loncto Subject : Possible SPAM - CISNet : 10 - 23 - 06 PB executive session minutes Rachel : Executive Session minutes for the 10 - 23 - 06 meeting are attached . Have a great weekend , Lorraine Lorraine Moynihan Schmitt , Esq . Thaler & Thaler 309 North Tioga Street P . O . Box 266 Ithaca , New York 14851 - 0266 • Telephone : ( 607 ) 272 - 2314 Facsimile : ( 607 ) 272 - 8466 Confidentiality Notice : The information contained in this email message may be legally privileged and contain confidential information , and is intended only for the use of the individual or entity to whom it is addressed . If the reader of this message is not the intended recipient , you are hereby notified that any dissemination , distribution , or copying of this message is strictly prohibited . If you have received this email in error , please immediately notify us be telephone ( 607 - 272 - 2314 ) , by fax ( 607 - 272 - 8466 ) , or by return email and delete this message . If you have not formally retained this firm for legal services , then we are not your attorneys and neither this communication nor any attachments hereto constitute the provision of legal services or the establishment or confirmation of an attorney - client relationship . • 11W2006 Minutes from Executive Session of the Planning Board Conducted on October 23, • 2006 : Present: Nancy Loncto : Planning Board Chairperson Tom Ellis : Planning Board Member Lin Davidson: Planning Board Member Viola Miller: Planning Board Member David Hatfield : Planning Board Member Brian Ivery : Planning Board Member Larry Zuidema: Planning Board Alternate Member Lorraine Moynihan Schmitt: Planning Board Legal Counsel At 8 :45 p .m. , Lin Davidson made a motion requesting that the board to go into executive session in order to discuss a Personnel Issue . Tom Ellis seconded . • During the executive session, the board discussed the potential resignations of certain planning board members, including the board chair. After a lengthy discussion of the issues prompting the potential for said resignations, the board determined that all of the members would continue to serve on the planning board and support the chairperson, Nancy Loncto . Upon motion of David Hatfield, duly seconded by Brian Ivery, the planning board went out of executive session at 9 : 14 pm. ife afer c® •