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HomeMy WebLinkAbout2007-Pages from 2007 PB binder front pocket Page I of I S.. Tolcodes codes • From : "Royko , Denise" <DROYKO@binghamt.gannett . com> To : "'Tolcodes'" <tolcodes@twcny .rr. com> Sent: Tuesday , May 20 , 2008 9 : 16 AM Subject: RE : 5/22 - ITHACA - Town of Lansing Legal Notice Brrrrrrr is right ! Just as long as the weekend warms up — I ' ll be at Cayuga Lake and hopefully won 't be needing a winter jacket (at least in the day time ! ! ) We will get your printed on 5/22 . Thank You and have a nice day — think warm/sunny ! From : Tolcodes [ mailto : tolcodes@twcny . rr.com] Sent: Tuesday, May 20, 2008 9 : 10 AM To: Legals Ithaca Journal Subject : 5/22 - ITHACA - Town of Lansing Legal Notice Good Morning Denise , Can you please have this published ASAP . No need for an affidavit. Little chilly down in the triple cities this am? Sure was here! FROST, FROST, FROST . Thank you , Rachel • . • • • 5 /20/2008 r • LEGAL NOTICE OF PUBLIC OLAFIALt(S) TOWN OF LANSING PLANNING BOARD Sone 9 , 2008 PLEASE TAIL NOTICE that the Planning Board of the Town of Lansing, New York , will hold Public Hearing(s) oil June 9, 2008 et the Lansing Town Hall , 29 Auburn Road , Lansing, New York, at the Following tiwos and on the following matters : 7 : P0 P . M . Lonsicleration of the 'Environmental Significance, pursuant to the State Environmental Quality Review AG of the Site Plan Review Application male by WS Property Group LLA fore proposed l38 unit Condo project on N . Triphammer Road , in the Town of Lansing, New York and otherwise known as Tax Parcel No . 37 . 1 - 6- 3 .362 in accordance with the New York State Environmental Quality Review Act and the Town of Lansing Land Use Ordinance. 7 : 40 P . M . Consideration of the Environmental Significance, pursuant to the State Environmental Quality Review Act of the Application ]fade by ? and owner Donna Moore, for the approval ofa Flag Lot Subdivision located at if Asbury Road , in the Toovn of Lansing, New York and otherwise known as Tax Map Parcel #37 . 1 - 8 - 18 . 22 in accordance with the New York State Environmental Quality Review Act and the Town of Lansing Land Use Ordinance_ • 7 : 50 P.M. Consideration of en Application made Doiree Moore, Oreeer, for e Flag Lot Subdivision located along Asbury Road ( R2 District ), Lansing, New York and otherwise known as Tan Map Parcel 4 37 . 1. - 8 - 18 . 22 in accordance with the Subdivision Rules and Regulations of the Torr of Lansing and the Town of Lansing Land Use Ordinance. PLO P. M . Consideration of the Enoironernirhl Significance , pursuant to the State Environmental Quality Review Act of the Application made by land owner Richard Pinney , for the approval of it Flag Lot Subdivision located along Triphammer Terrace, in the Town of Lansing, New York and otherwise known as Tax Map Parcel r in 40. -4- 14 . 322 accordance with the New York State Environmental Quality Review Act and the Town of Lansing Land Use Ordinance. 88 : 10 P. M. Consideration of all Application made by Richard Pinney, Owner, for a Flag Lot Subdivision located along Triphammer Terrace ( RI District) , Lansing, New York and otherwise known es Tan Map Parcel h LA -4- 14. 322 in accordance with the Subdivision Rules and Regulations of the Town of Lansing and the Town of Lansing Land Use Ordinance . The above referenced Applications are open to inspection at the office oftheTown of Lansing Planning Department 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 Or opportunity to he heard . Individuals rnith Visual , hearing, or manual impeirioerft and requiring assistance should • 1 :, 4 • contact Rachel Jacobsen at the Town of Lansing 533 - 7054 ut least 48 hours prior to the time of the Public Hearing . Lin Davidson, Chairperson Planning Board "town of Lansing 29 Auburn Rd Lansing NY 14882 April 22 , M11118 5/20108 Page lof1 Tolcodes From : "Tolcodes" <tolcodes@twcny. rr . com> To : " Lin Davidson " <n1d1 @cornell .edu > ; "Lorraine Moynihan Schmitt" < LSchmitt@thalerandthaler.com > Sent: Tuesday , May 20 , 2008 11 : 37 AM Attach : 2008 PB Resolutions - Motions .xls Subject : Updated Motions-Resolutions Please update your files accordingly . Thank you , Rachel 5/20/2008 .Page 1 of 1 To !codes From : "Tolcodes " ctolcodes f+wcny . rr_com > To : "Lin Davidson" < nldl cornefl , edu> ; "Lorraine Moynihan Schmitt" cL chmitt thalerandthaler, com > Sent Friday , May 02 , 2008 8 : 33 AM Attach : 2008 PB Resolutions - Motions „cls Subject : Updated Motions/Resolutions Please update for files accordingly , Thank you , Rachel • 5 /2/2008 Page 1of1 Tolcodes From : "Lorraine Moynihan Schmitt" <Ischmitt@thalerandthaler.com > To : "'Scott Pinney'" <asp243@twcny. rr . com> ; 'Connie Wilcox"' <wilcoxc@hotmail .com> ; "Tolcodes" <tolcodes@twcny. rr.com > ; "Gregg Frank Travis "' <gft1 @cornell . edu> ; "Dick Platt' < dplatt3@twcny . rr. com > Cc : "'Guy Krogh '" <gkrogh@thalerandthaler. com > Sent : Thursday , May 01 , 2008 10 : 14 AM Subject : Vacation Greetings All : Please be advised that I will be away for vacation next week , May 5-9 . We are hoping to find a beach somewhere but that still remains to be seen . Please call my secretary Dawn , if you need anything in that interim. I am also available on my cell phone for anything urgent and , of course, there is always Guy— who, with ample with skill and aplomb, can handily can field any PBIZBA legal matters that may pop up. Thank you , Lorraine Lorraine Moynihan Schmitt, Esti. t . 7 309 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 intermittion„ 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 entail in error, please immediately notify us by 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 fur legal services, then we are nut your attorneys and neither this Communication nor any attachments hereto constihite the provision of legal services or the establishment or confirmation of an attorney-client relationship. 5 ,' 1 /2008 Page 1 of 1 Tolcodes From : "Lorraine Moynihan Schmitt" <Ischmitt@thalerandthaler. com> To : " 'Tolcodes" <tolcodes@twcny . rr . com> Sent : Thursday , May 01 , 2008 10 : 25 AM Subject: RE : PB Packets Will do— Thanks, Rachel . From : Tolcodes [mailto : tolcodes@twcny. rr . com ] Sent: Thursday, May 01, 2008 10 : 15 AM To: Viola Miller; Thomas Ellis; njs6@is . cornell .edu ; Lin Davidson ; Larry Zuidema ; Larry Sharpsteen Cc : Supervisor, A . Scott Pinney; Richard Platt; Matthew Besemer; Lorraine Moynihan Schmitt Subject : PB Packets -Members - Can you please be sure to bring your previously provided paperwork to our next scheduled Meeting on May 14th for the following Applicants : Michael Moore - 4 Season Storage, Steven White and Richard Pinney Jr . It seems redundant and costly to continue to provide duplicate copies . If for some reason you did not save the original copy, please contact me prior to May 6th . The upcoming packet will only contain new Applicant information that you have not seen . Thank you , Rachel • 5/ 1 /2008 • Page 1 Of 1 Toloodes From : " Nancy Lerida " cnjsFTIS . Dornell _edun To ; "Tolcodes" utolcodesfwcny, rr.com> Sent : Thursday , May 01 , 2008 12 : 18 AM Subject : RE : PB Packets No problem_ Nancy From : I cicodes [ meilto : tolcodes twcny, rr , com ) Sent: Thursday, Ray 01 , 2008 10 : 15 AM To: Viola Miller; Thomas Ellis; Nancy Loncto; Lin Davidson ; cornell .edu , Iwai ; Larry Fderpsteen Cc : Supervisor, T. Scott Pinney; Richard Platt; Matthew Sesemer; Lorraine Moynihan Schmitt Subject : PB Packets --Members-- an you please be sure to bring your previously provided paperwork to our next scheduled Meeting on May14th for the following Applicants: Michael Moore - 4 Season Storage , Steven White and Richard Pinney Jr. It seems redundant and costly to continue to provide duplicate copies , If for some reason you did not save the original copy , please contact me prior to May 6th _ The upcoming packet will only contain new Applicant information that you have not seen . Thank you , Rachel This email and any attached files are confidential and intended solely Jar tire intended recipient(s) . IL you arc not the named recipient you should not read , distribute, copy or alter this email UNLESS otherwise noted . 8// 12005 Page 1 of ] Tolcodes From : "Tolcodes" <tolcodes@twcny. rr , com > To : 'Viola Miller" < Robert- S- Miller@Verizon . Net> ; "Thomas Ellis" <TMEIlis498@aol . com> ; < njs6@is .cornell . edu > ; " Lin Davidson" <nldl @cornell .edu > ; "Larry Zuidema " < Iwz1@cornell .edu > ; "Larry Sharpsteen" <Larbear@Juno . com> Cc : "Supervisor, A. Scott Pinney" <asp243@twcny . rr.com > ; " Richard Platt" <DPLATT3@TWCNY . RR .COM > ; " Matthew Besemer" <Matt . Besemer@hotmail .com > ; " Lorraine Moynihan Schmitt" < LSchmitt@thalerandthaler.com> Sent: Thursday, May 01 , 2008 10 : 14 AM Subject : PB Packets —Members— Can you please be sure to bring your previously provided paperwork to our next scheduled Meeting on Mayl4th for the following Applicants : Michael Moore - 4 Season Storage , Steven White and Richard Pinney Jr. It seems redundant and costly to continue to provide duplicate copies . If for some reason you did not save the original copy, please contact me prior to May 6th . The upcoming packet will only contain new Applicant information that you have not seen . Thank you , Rachel 5 / 1 /2008 Page 1ofl Tolcodes From : "Tolcodes" <tolcodes@twcny . rr. com > To : "Viola Miller" < Robert-S- Miller@Verizon . Net> ; "Thomas Ellis" <TMEllis498@aol . com> ; " Ronald Bricker" <rab4@cornell . edu > ; <njs6@is . cornell . edu > ; "Linda Hirvonen" < LAHirvonen@Warrenhomes . com> ; "Lin Davidson " <nldl@cornell .edu > ; " Larry Zuidema" <Iwz1@cornell . edu> ; "Larry Sharpsteen" <Larbear@Juno . com> ; "Henry ( Hurt) Sheldon " <hurf@graphics . comell . edu > ; "Gregg Travis , ZBA Chairman " <GFT1 @comell . edu >; " Dittman , David " <dad19@sha .cornell .edu >; " Dan Konowalow" <dkonowalow@twcny , rr. com > Cc : "Supervisor, A . Scott Pinney" <asp243@twcny. rr. com> ; "Richard Platt" <DPLATT3@TWCNY. RR . COM> ; "Matthew Besemer" < Matt. Besemer@hotmail .com > ; "Marty Christopher" <brownsno1fan@hotmail .com > ; "Lorraine Moynihan Schmitt" < LSchmitt@thalerandthaler. com> ; "Guy Krogh " <Gkrogh@ThalerandThaler.com > ; "Connie Wilcox , Deputy Supervisor" <Wilcoxc@hotmail . com > ; " Bud Shattuck" <bshattuck@tompkins - co .org > Sent: Tuesday , April 29, 2008 10 : 56 AM Subject: Web Site Hits Proposed & Current FYI and at Nancy Loncto's request . Town of Lansing Web Site Hits for the Month of April (less 2 days ) Proposed Draft Ordinance ( Front page of Web Site ) 823 Proposed Local Law Number 3 Subdivision Rules & Regulations (Front page ) 291 Current Land Use Ordinance ( Adopted May 2005) 399 Hope this is helpful . Rachel 4/29/2008 Paye 1 of 1 Tolcodes From : "Lyle H . Wadell" <Ihw1@cornell . edu > To : "Tolcodes" <tolcodes@iwcny . rr.com > Sent: Tuesday, April 29 , 2008 10 :08 AM Subject : Re : Web Site hits So far in April : Draft Ordinance-823 Local law Number 3 -291 May 2005 Ordinance-399 Lyle Lyle , Can you please tell me how many hits we have had on our Web Site in the last month . (Front page and also under Codes/Inspections especially the link to where the Zoning Ordinance is (proposed Draft and Current One. ) Thank you , Rachel Lyle H . b\radell , 468 Auburn Road , Groton, NY 13073 -9752 4/29/2008 J l 9 April 2008 • To: Lin Davidson , C'hairpe son, Planning Board From : Larry Zuidema /1 Subject; Comments for 14 April 2008 Planning Board Meeting Pm sorry that I will be out of town for the Planning Board Meeting on April 14 as 1 would very much like to be involved in the discussion about the proposed new Zoning Ordinance , Accordingly, .1 would like to have the following 5 points presented at the meeting and entered into the record on my behalf or, if this is not legal or appropriate, 1 wouldhope that you or another member of the Planning Board could agree to offer them (attributed or not) . And , if there is a joint meeting of the Planning and Town Boards that ► eek, l request that these same comments be publically read into the record of that meeting as well . The comments below are based an analysis of the substantia] changes in the Zoning Ordinance proposed by the Town Board and are fully consistent with the many decisions made by the Planning Board at its last two meetings . The purpose of these comments is to explain the basis of Planning Board concerns and to highlight how the changes proposed by the Town Board will 11) affect the residents of the Town of Lansing, I . Residential Districts (RI , R2 , R3) — The Comprehensive Plan clearly defines Al , R2 , rod RS districts (located mainly in the southern end of the town) as areas primarily for residences . 'Ida limited residential areas defined in Lansing have many established neighborhoods where residents understand that the land around them in these districts will be used for housing . As a "bedroom community " (particularly in the southern end of the town), it is Ially and morally important for as to protect these residents from encroachment 6 new uses at this point in time, Furthermore, land in Bl , 132, and IFS is currently available for commercial uses and, ironically, some of this is now proposed for residential use (even in an Empire Zone) . Note : The Commercial Mixed Ore District (B1 ) is speci Ocally designed to accommodate both housing and commercial uses. The following are the implications of Zoning Ordinance changes proposed by the Town Board For Residential Districts , R.I. — residential Low Housing Density Districts — Mile not currently allowed, neighborhoods in these districts will have the possibility of having the following commercial uses: ( l ) roadside stands, (2) public stables, (3) commercial recreation facilities (indoors and outdoors) and (4 ) . professional or business offices, banks, and financial institutions . Rg — Residential Medium Housing Density Districts — While not currently allowed, neighborhoods in these districts will have the possibility ofhaving the following commercial uses : ( 1 ) roadside stands, (2) public stables, (3) commercial recreation facilities (indoors and outdoors) , (4) photocopy services, (5) convenience marts, ( ) self- storage warehouses, (7) vehicular fuel and service stations, (8 ) new and used ear sales, (9) car washes, ( 10) plumbing and electrical supplies stores, and ( 11 ) self-service laundries , R3 — Residential Mixed Housing Districts - While not currently allowed, neighborhoods in these districts will have the possibility of having die following commercial uses : ( I ) morning house or tourist homes, (2) professional or business offices, banks , financial institutions, (3 ) retail sales stores (general, lumber, industrial and agricultural equipment, services, storage, mobile homes, RVs, snowmobiles), (4) restaurants or taverns, (5 ) drive-thru restaurants, ( ) barber/beauty shops, (7) photocopy services, (8) convenience marts, (9) self-storage warehouses, ( 10) vehicular fuel and service stations, ( 11 ) new and used car sales, ( 1 ) ear washes, ( 13 ) plumbing and electrical supplies stores , and ( 14) self-service laundries, In addition , several industrial/research uses, normally allowed in the commeinial and industrial/research districts, would he also be allowed in this residential zone, They are : ( i ) warehouse storage or wholesaling of non -agricultural materials, ( ) printing and publishing facilities, 410 (3 ) commercial assembly of small items, (4) facilities for agricultural, industrial or educational research, design and production of prototypes, and (5 ) vehicle body shops, Conclusion - Theme mo red zoning, ordinance than es or residential areas are substantial and have the poienhel o beviep e mater impact on the Mitre character of the town. dome changes may be publicly acceptable and others not. At the least, the residents cif the town need to understand these changes, their implications, and why it is row important to make them . I believe that this requires ( t ) an information meeting where a full explanation is made to all residents, ( .) a referendum for resident approval , and (3) a change in the comprehensive plan before implementation . . Commercial District (B1) — dire Comprehensive Pian makes it clear that residential and commercial uses arc "appropriate anddesirable development characteristics of the B1 District" (Commercial Wixed Use District). It goes on to say "to achieve the harmonious and compatible use and development of land , it is appropriate to consider each development proposal as it relates to the overall development plan of the entire district, and particularly m it affects adjacent land uses and the safe movement or traffic. " Finally, it specifies a number of site planning concerns that must be part of the process. Conclusion - It is clear that the characteristic of the 131 district is one of mixed use with many factors to consider in site plan reviews. As such, project proposals will always 111) require comprehensive public review and the opportunity for public hearings before the a . • Planning Board . Accordingly, "i.n-house" planning is totally inappropriate for the B1 Commercial Mixed Use District. 3 . Rural Agricultural District (RA) — It is suggested that the RA district have publicly vetted site plans for all permitted non-agricultural and non-residential uses since the comprehensive plan makes strong statements about agricultural use in Lansing and, in effect, this constitutes mixed use. The fact that we are about to develop an agricultural protection plan under a NYS grant awarded to Lansing in January suggests that these site- plans are appropriate and necessary . . 4 . In-House Site Plan Reviews — In general , " in-house" site plan reviews do not, at least in the first instance, allow for public participation as do Planning Board reviews. Furthermore, good governance would suggest that the level of "discretion" that is built into the system of site plan reviews is much better exercised by the Planning Board in public meetings than by an individual in an office . Suggestion — It is suggested that all submitted site plans be brought to the attention of the Planning Board by the Town Planning Office . In certain defined areas and for straightforward plans, the Planning Board may choose to refer them back to the Planning • Office for action . Giving this discretion to the multi-member Planning Board not only gives the opportunity for public participation, but also allows for a high level of transparency . 5 . Process - Earlier, the Planning Board passed a resolution asking the Town Board to allow for public information sessions where the Town Board is pro-active in explaining the changes proposed and the reasons for them . Getting public response in this venue will demonstrate an interest in resident opinion and can both influence and improve the final outcome. Given the significance of the proposed changes, it is suggested that several • months be given to the process before a final vote is taken by the Town Board . • I ' April 14, 2008 Town of Lansing Board Members Dear Supervisor Pinney, Deputy Supervisor Wilcox , Councilmen Doserner, Christopher, and Shattuck : The Lansing Town Board desires to bring more business to Lansing and to serve its citizens efficiently when they are subject to the Town ' s Subdivision Dales and Regulations anOw- 1 [s Zoning (Land Use) Ordinance- Previously Do LI0000d Board had been informed that the Land Use Ordinance needed to be revised to accommodate the anticipated growth due to server. coning on line rather than the current states] purpose . It has been working oil Ihie through the review of plus or minus 100 items submitted for consideration from numerous constituents and simultaneously reworking the document into a narrative format; all while conducting its normal business meetings , The Planning Board recognizes the Town Board ' s most recent re-writes as commendable yet sees that there are a number of signif caatt open questions about the proposed changes under consideration by the Town .Board regarding review processes and the aforementioned dacutoonts . 1 , Do these changes comport with the Comprehensive Pian or not; 2 . Do proposed processes comport rr' ith the most baste of principles ie our democratic government : A , The division of powers and duties of government; B . Checks and balances on all branches of government ; 3 - What findings in fact have been made to necessitate these changes in these documents and processes ; d . Das due consideration been paid to the right of the public to he informed and participate in this review ? (Ref, TB Minutes of March i 9, 2008 ) The Boards have been diligent in their work to review and amend documents to ensure that the Town is not "slavish or { in } servitude to a particular plan and responsive to the cowwne td ' s change and growth as a benefit to the community as a whole ( * f ( not just businesses) - as evidenced below : Oct 15 , 2003 Land Use Ordinance TB Adopted Updates 0 Edits by P8 Jan 3 , 2004 Land Use Ordinance .Effective per TB Oct 17, 2006 Comprehensive Plan Last Reviewed & Edited by PB/TB Nov 15 , 2046 Comprehensive Plan Revised , Adopted and Effective PT/TB Aug do 2006 Land Use Ordinance TB informs dB at meeting that it has hired CountyPlanning Department to Review/Change Land Use Ordinance with particular attention to 0 , Lansing given proposed suer Mar 26 , 2007 Land Use Ordinance Torun Board agrees to have PB take over Review/Change given County delay Nov Id , 2006 Comprehensive Plan Revised, Adopted and Effective PB/TB Jan 14, 2008 Land Use Ordinance Forwarded from P.6 to TB ; + or - some 100 items for lie consideration as well as proposal of nen-ati ve document on recommendation of Town Counsel Jan 28 , 2008 Agriculture & Farmland '.Town receives grant to fdei ] itate protection planning of BA — as suggest by FP Jan 28 , ? 008 Subdivision Rules A Rag. F0 begins review of changes Feb 15 , 2008 land Ore Ordinance NO begins consideration of changes at special meetings held at 7 : 30 am Fridays Mar 191, 2008 .LL i` 3 - Subdivision TB continues and then closes public hearing on LL # 3 proposal -. 239 from County remains outstanding -.. . E R. LL 43 left open Marl 9 , 2008 Ordinance '01 — Lind Use TB opens public hearing — no copies of document available to the public at the meeting; TB closes public hearing on Ordinance # 1 — 239 from County remains outstanding — maybe reopened — SEQR Ordinance dl left open Mar 23 , 2008 Ordinance to — .Land Use PB reviews items Al through C22 of Schedule I and prepares responses for TB in writing Mar 31 , 2008 Ordinance dI — Land Use PB review items 023 through P4 of Schedule I and prepares responses for the 1` B in writing ft regard to item number one, this Planning Board has received (with the Town Board) , training that enumerated the fact that " the rational for (Town Law #263 ) requiring consistency with a comprehensive plan is the necessity that the welfare of the community as a whole be considered in adopting zoning regulations and amendments . A comprehensive plan has as its underlying purpose the control of ] and uses for the benefit of the whole community based upon consideration of its problems and applying the enactment ora general policy to obtain a uniform result not enacted in a haphazard or piecemeal fashion , (* ) " We are concerned that there may be items that contravene the Town of Lansing Comprehensive Pian such an : an allowance of land use for commercial (versus homeowner owned/regulated ) recreational facilities ( indoors and out) in Rl (Low Density Residential), tire allowance of land use for new and used car sales ill R (Mediurn Density Residential), or the allowance of land use for vehicular fuel and service stations in R3 (Mixed Residential -Use) , Even if these are subject to Planning Board site plan review adjacent property owners could experience a dieminutinit of their property Values , On the other hand we are concerned that the zoning to support business development in El (Commercial Mixed Use) , B2. (Commercial General Use) , and 11p (IndustrialfResearef) is being compromised through the expansion of snare commercial uses of land in Residential Zones - Finally we do not believe that site-pian review should be "in -house" under any circumstances for business applications in RA Zones (Rural Agriculture) . Please reference for better explanation and greater detail Lorraine Moynihan chnmitt ' s ivliernorandum dated April I4, 2008 and appended to this InLter , "in exercising their zoning powers ( ref. item #2) , the local authorities (the Town Board) must act for the benefit of the community as a whole following a calm deliberate consideration of the alternatives, and not because of the whims of either an articulate minority or even a majority of the community . Such a requirement diminishes the likelihood that the zoning authority will be exercised to benefit benefactors of those in authority, to punish political foes , or to advance a seemingly legitimate community goal at the expense of a few property owners who are called upon to bear the brunt of short- sighted decisions . ( *)" If we move to "in-house" single lot and/or minor subdivision approval and site plan (all dealing with "property rights — of constitutional magnitude") we could be opening the Town of Lansing up to operational practices (non-codified) that would "appear arbitrary and discriminatory and not (based on preserving and promoting] the health , safety, welfare and morals of the community (* ) " by virtue of the fact that a single position will be responsible for review , findings and enforcement functions . This blurring of determination and enforcement in one position (a singular person) increases the potential for conflict of interest, error, or arbitrary determination and increases the liability of the Town . This concern is in no way a reflection on the current Code Enforcement Officer. Please reference the appended Tompkins County 2391 , m , and n reviews for the documents under consideration dated April 11 and April 14 , 2008 . yes , the Planning Board clearly understands that it is not our role to render interpretations of zoning law or determine if something is permissible , this is the jurisdiction of the Code Enforcement Officer, and if appealed, the Zoning Board of Appeals . It also understands that the Town Board may delegate to any administrative body the right to review site plans . However and on the other hand this authority is "almost universally delegated to planning boards . (* )" The Planning Board is a body of citizen volunteers appointed to serve by the "Town Board and is not an individual . Since these participants must reach consensus in a public forum, the likelihood of arbitrary determinations is significantly lowered . Further, we must provide any determination , based on fundings of fact, in the public record . If the Town Board ultimately moves all of the currently indicated uses to "in -house" approval procedures, we submit there will be an increased exposure to "arbitrary or discriminatory decisions (* ) " because many considerations lack specific standards . In other words where the Land Use Ordinance Schedule I has been subjected to numerous changes , site plan review standards have not been brought in line. Finally, there are no procedural uses of the " in house" checklist codified and we view this as adding to potential liability issues . In regard to item three, the Planning Board has not specifically been given details of any purported complaints from constituents or any threatened litigation as a result of its actions . it would be useful for the Planning Board to have this information perhaps in executive session . Please remember that we can only conduct business in a manner that is codified and/or lawful . We cannot be accountable for incomplete or deficient applications, unresponsive client (applicant) service providers, or delayed engineering or agency reports . This Board has been exhorted that " unless we accept and manage change our community will fail ( * ) " . We are concerned that the work we have conscientiously done on behalf our fellow citizens for many years will be scuttled and indeed the Town will fail because some of the recommended changes are not in line with its Comprehensive Plan - in the best interest of the Town as a whole . Collectively we have endeavored to respond to requests from the Town Board as responsible Planning Board members . Therefore we see as priorities for the April 23rd Special Joint Meeting of the Boards : t _ Tdentily in Schedule I those recommendations that conflict with the Town of Lansing Comprehensive Plan ; 2 . Address concerns identified in County 23s ; 3 . Development ora reasonable timeline for any additional review and changes if• necessary, methodologies for public education , review and comment, 239 review consideration, and eventual approval and effective dates . Respectfully made a part of the public record ala] submitted on behalf of Planning Board members resent at the Planning Board fleeting April 14, 2008 , Lin avidson Chairman Town 01: Lansing Planning Board ( * ) Ref, Guy K . Krogh (Town .Attorney) at Joint Town .Board and Planning Board Graining session Each County 239 — Town of Lansing Subdivision Rules and Regulations, Local Law 43 of April 1 ] , 2008 dncl ; County 239 — Town of Lansing Land CJsc Ordinance of April 14 , 2008 Bel_ Town Board Minutes of March 19 , 2008 including but not limited to citizen remarks by Larry Zuidema cc : Town of Lansing Zoning Board of Appeals • c .,;(i Pt, pt-• re- •-t- i r ? ba_rxce. i kortmoot Loisqloc? )2 ece (*me -, !/ ley s cc 4 , , _ j,, _ kfAiw ? - Z9 ci, 4..-r on Atia-Gda _• ...4-i-4_ ,,, , in Or wi--"C p,i , 4-t--)J.„ 1/1-t-t-e A i of --Theta-664 v u' ,DB re eG � No �� 2-20 q 3o m,1., er.�- il r `� / �- sr' ,L eA. @_6,:i SAL, a2 , Thl ai-t-t--- C p2s- / ede AIS a- ft 4 ? :G 0 a- 1 4, 3 1 !� � � . . - 32•• 1 P % Z 3 - ; I , f " 1) 33PAS—H r /r/ 3 _J Q, j.._:„ `, 6.dit tom .:-, ' _._.,„-------------- ' pif 0 Ad, 6.,,,,,Je`l.e 40t0 Ars OWL- V 2C) Ic s 1---- /D U CAIA'44. TO At rati.4_4;1,1 awroj 6-n_et_ll LV -=-• At 0 Art>" in (idle, i i, fly f 'el—w"-r 5 -Ala C4'1-1 wire Strikethrough Page 40: [207] Deleted 3/ 5/ 2008 1 :56 PM 30 Page 40 : [ 207] Deleted 3 / 7/ 2008 9 :42 AM 35 Page 40: [208] Formatted 3 / 5 / 2008 11 :54 AM Strikethrough Page 40 : [ 209] Formatted 3/ 5 / 2008 12:05 PM Font color: Blue Page 40 : [ 210] Deleted 3 / 5/ 2008 1 : 56 PM 30 Page 40: [210] Deleted 3/ 7 / 2008 9 :42 AM 35 Page 40: [211] Formatted 3/5 / 2008 11:54 AM Strikethrough Page 40 : [ 212] Formatted 3/ 5 / 2008 12: 05 PM Font color: Blue Page 40: [213] Formatted 3 / 5/ 2008 12:05 PM Font color : Blue Page 40: [214] Formatted 3/ 5 / 2008 11: 54 AM Strikethrough Page 40 : [ 214] Formatted 3/ 5/ 2008 11 : 56 AM Not Strikethrough Page 1: [ 215] Formatted 3 / 5/ 2008 3 :46 PM Right Page 1 of 2 h• Tolcodes From : " Lorraine Moynihan Schmitt" < Ischmitt thalerendthaler. com > To : 'Guy Krogh " <gkroghi; tlralerandthaler. mom> Cc : "'A. Scod Pinney"' <ASP243 twcny .rr, corn> ; "Tolcodenn` ctolcodes@twcny. rr , corn> Sent: Wednesday , April 02 , 2008 2 : 53 AM Attach ! Apt Hopkins - PB to TB 2 . dac Subject : FW: Amended Memorandum Guy : In response to your email , there seems to be some confusion . The planning board is not recommending the appointment of Beth Hopkins as an Alternate for a term cemtnencing April 16th . Please see Rachel 's amended Memorandum on this point, attached hereto . I em copying Scott on this email so that we are all on the same page . I also wanted to advise that, after the Town Board public hearing on the Zoning Ordinance on March 19th , the Planning Board has convened for two working sessions ( March 24th and March 31 '1 ) in order to review the Town Board amendments to the Zoning Ordinance and to make comment thereon . I will be assembling a report on those comments and recommendations for both boards to review in advance of the joint PB/TB meeting respecting the proposed revisions . I was also asked to set forth a narrative of the purposes and reasoning of the Town Board in making the changes they did and will forward a draft of that particular section of the report to Scott for review prior to issuing the report . There has also been some discussion , both et the Town Board meeting on March 191h and et the March Planning Board working meetings , about holding public informational session ( s ) respecting the proposed amendments . I would urge the Town not to set any such sessions until the Town Board and Planning Board has had their joint meeting and after a second draft of the Amended Zoning Ordinance is finalized and published for pubic comment , hatever form the final amendments take, it will need to he circulated to all adjoining municipalities as well as to the County Planning Board prior to the next public hearing . 750 > 14-1L Di ` ` A.0rfc srwt, In the event a protest petition is filed by owners of 2204 of the land within WO feet of areas affected by the amendments ( I would submit that all districts are affected ) , any vote passing the amendments will have to be carried by a super-majority of the Town Board pursuant to Town Law 265 . Please let me know if you have any questions . . . Thanks , Lorraine From : Tolcodes [ mailto : tolcodes[a twcny , rr.com] Sent: Monday, March 31, 2008 2 : 59 PM To: Supervisor, A , Scott Pinney; Bud Shattuck; Connie Wilcox, Deputy Supervisor; Marty Christopher; Matthew Beserner Cc : Lorraine Moynihan Schmitt; Guy Krogh ; Lin Davidron Subject: Amended Memorandum Importance : High - Members- To bring you all up to speed , at the December 10 , 2007 Planning Board Meeting it was the consensus of the Board to have the Planning Office re - advertise for the Alternate Position . Our Office proceeded with the following ; 1 . Paid for an advertisement to be published in the Lansing Saar for 1 Week , 42./2008 1 Pale 2 of 2 2 . Published in the Lansing Town Newsletter (Dec 07 & March 08 ) Issues . 3 . Placed on our Website effective ( 12/ 11 /07 to date ) 4 . Placed on the Town Hall Bullentin Board ( 12111107 to date ) 5 . Dick sent out a letter to (2 ) previous candidates that did not get chosen , to see if they were interested. (one was , the other had a conflict with his work schedule ) 6 . I sent out 2 Applications , ( 1 person did not respond , the other person again , had a conflict with her work schedule ) Hope this has been helpful to all . If you can think of something else we can do (no, I will not go out into Rte # 34 and stop traffic to recruit canidates ! ) : ) please let us know . My apologies for the Amended Memorandum . Rachel 472/2008 Page I of 2 Toleodes From : 'Tolcodes" stotcodes a twcny . rr_com > To : " Lorraine Moynihan Schmitt" VIschmittt thalerendthaler, como Sent : Wednesday , July 30 , 2008 8 : 34 AM Attach : 03 -24-08 PB Minutes . doc Subject : Re ; Vote-Alternate Position Yes , you were very clear that the motion did not pass , however , I was under the impression that the vote on the appointment was based on the 5 members that were present_ I now understand from Matt's email that due to it being e 7 Member Board , 4 must be in favor, In response to your question regarding the Minutes reflecting Ruth's appointment , yes they do . I 've attached another copy for your files . Thank you , Rachel Original ivMessoge From : herraine_ oynihoe Schmitt To: 'Tvlcodes' ; ' Larry harpcteen ' ; ' Lin Davidson' ; 'Matthew besomeb ; njsb is, 00rnell . edu ; 'Richard Platt', ; Thomas Ellis ' ; 'Viola Milieb Sent: Tuesday , July 29 , 2008 4 : 31 041 Subject: RE : Vote-Alternate Position Rachel : I thought I was pretty clear at the meeting that the vote did not carry the motion _ _ . After later discussion with Lin , I do think there was some misunderstanding by Viola about the nature of the motion--- so I would not be surprised if the motion is renewed and carried et a future meeting _ . _ Also , did the past minutes reflect this recommendation of the Ruth Hopkins appointment? My recollection is that the matter was discussed several months ago in an executive session with the minutes reflecting that the appointment was recommended by the planning board to the Town board but that the PB recommendation was not unanimous . . . . Lorraine From : Tolcodes [ meilto : tolcodes[o twcny. rr , com [ Sent: Tuesday, July 49, 2008 11 : 28 AM To: harry Sharpsteen; Lin Davidson ; Matthew besemer; njs6@is ,cornell , edu; Richard Platt; Thomas Ellis; Viola Miller; Lorraine Moynihan Schmitt Subject : Vote-Alternate Position Importance : High Just so everyone is on the same page, this is how the vete was for Nancy 's motion to request that the TT act on the previous hppliction that was submitted to them for the Alternate • position opening. From my previous experience, when there is only 5 members present, the vote should at least have B Aye's oJrhdh we it did have . I checked with the Deputy Town C.[ erk and she agreed with me . **Lin -Ton may want to double check with Lorraine on this . As far as I ani aware the only time we need a supermojority is to override a hty, 239 recommendation . 'Ultimately, the Town Board will make the final appointment, however, if this did pass, the Liasion will need to take this recommendation to the Town Board . 1 await I Your reply Tin. • 7l30/200b Page 2 of 2 1 .1 VOTE AS FOLLOWS : Thomas Ellis - Aye David Hatfield - No Nancy Loncto - Aye Viola Miller - Abstained Lin Davidson - Aye MOTION CARRIED . 7/30/2008 Page 1 of l Tolcodes From : "Tolcodes" <tolcodes@twcny . rr. com> To: "Matt Besemer" <matt. besemer@hotmail .com> Sent : Wednesday, July 30 , 2008 8: 36 AM Subject : Re: Vote-Alternate Position Thank you for clarification Matt. Rachel ---- Original Message ----- From : Matt Besemer To : Tolcodes ; Larry Sharpsteen ; Lin Davidson ; njs6@is . cornell . edu ; Richard Platt ; Thomas Ellis ; Viola Miller ; Lorraine Moynihan_ Schmitt Sent : Tuesday , July 29 , 2008 9 : 53 PM Subject : RE : Vote-Alternate Position It doesn't matter how many are present, it is still a 7 member board . That means there needs to be atleast 4 ayes for the vote to pass. Matt From : tolcodesatwcny-. rr. com To : Larbeara(Juvo . com ; nldj.@comell .edIA; Matt. Besemer@hotmail . corn ; njs6@is. cornell . edu; DPLATT3@TWCNY . RR . COM ; TM EIlis498@aol . com ; Robert-S-Miller@Verizon . Net; LSchmitt@thalerandthaler.com Subject : Vote-Alternate Position Date : Tue, 29 Jul 2008 11 : 27 : 33 -0400 Just so everyone is on the same page, this is how the vote was for Nancy 's motion to request that the TB act on the previous Appliction that was submitted to them for the Alternate position opening. From my previous experience, when there is only 5 members present, the vote should at least have 3 Aye's which we it did have. I checked with the Deputy Town Clerk and she agreed with me. " Lin-you may want to double check with Lorraine on this . As far as I am aware the only time we need a supermajority is to override a Cty . 239 recommendation . Ultimately , the Town Board will make the final appointment, however, if this did pass, the Liasion will need to take this recommendation to the Town Board . I await your reply Lin . VOTE AS FOLLOWS: Thomas Ellis - Aye David Hatfield - No • Nancy Loncto - Aye Viola Miller - Abstained Lin Davidson - Aye MOTION CARRI.ED . Use video conversation to talk face-to-face with Windows Live Messenger. Get started. . . 7/3012008 Page loft Tolcodes From : " Lorraine Moynihan Schmitt" otscnmitt@thelerandthaler . comO To : "Toicodnc4 ctolnodes twcny . rr . com> Sent : Thursday , March 27 , 2008 2 : 58 PM Subject : RE : Need your Assistance on PB Minutes From : Tolcodes [mailto : tolcodesdCtwcny, rr . com ] Sent : Thursday, March 27 , 2008 2 : 14 PM To : Lorraine Moynihan Schmitt Subject : Need your Assistance on PS Minutes Importance : High Hoc ' s roBot I have from my notes . . . Lorrairyti ,T I undot b !ck and Matt were not a Part of the Executive Session and the recorder was ofh therefore , can you please fill in the blanks for me ? ] , What time the PS came out of Executive Session ? 8 : 58 2 . Who made the motion and seconded to come out of Executive session ? Nancy moved , Tom seconded - - All aye votes 3 . Was there a motion as the result of the Executive Session ? If so , need to know what it was , who motioned , seconded and final cote Nancy moved that the 1313 advise the TB that ( 1 ) the PB is recommending Ruth Hopkins as an alternate NB member ; IF ) the vote to recommend Roth Hopkins was not unanimous ; and ( ) the EB requests that the TB consider a pool of alternate applicants before �# I� p t� making any final determination (s ) . Larry seconded — all aye votes on the roll call . 4 . Who made the motion and seconded to adjourn the regular Working Meeting? Tom moved , Larry seconded b . What time was the Meeting adjourned 9 : 02 Thanks so much ! Rachel 307/2008 Page 1 of 2 Tolcodes From : " Lorraine Moynihan Schmitt" <Ischmitt@thalerandlhaler . com> To : "'Tolcodes"' <tolcodes@twcny . rr . com > Sent : Thursday , March 27 , 2008 3 : 32 PM Subject : RE : Need your Assistance on PB Minutes From : Tolcodes [ mailto : tolcodes@twcny . rr . comj Sent : Thursday, March 27, 2008 3 : 23 PM To : Lorraine Moynihan Schmitt Subject : Re : Need your Assistance on PB Minutes According to tt 3 , Nancy's motion failed , I must have a role call on that one . N ancy , Lin , Larry Z. and Tom : Aye Larry S . and Dave Hatfield : Nay Viola : Abstain -- Vote taken in executive session Also , who moved that the PB requests the TB to consider a pool of Alternate Applicant? Who seconded . and role vote This was all part and parcel of the motion I set forth below : N ancy moved that the PB advise the TB that ( 1 ) the PB is recommending Ruth Hopkins as an alternate PB member ; (2 ) the vote to recommend Ruth Hopkins was not unanimous ; and ( 3 ) the PB requests that the TB consider a pool of alternate applicants before making any final determination (s ) . Larry seconded — all aye votes on the roll call . S ee excerpt of open meetings law below for reporting the vote taken in executive session . I do not think you need to record the roll call vote of who voted which way nor would it be helpful for Ruth Hopkins to read who voted against her. . . . § 106 . Minutes . 1 . Minutes shall be taken at all open meetings of a public body which shall consist of a record or summary of all motions, proposals, resolutions and any other matter formally voted upon and the vote thereon . 2 . Minutes shall be taken at executive sessions of any action that is taken by formal vote which shall consist of a record or summary of the final determination of such action, and the date and vote thereon ; provided , however, that such summary need not include any matter which is not required to be made public by the freedom of information law as added by article six of this chapter. 3 : Minutes of meetings of all public bodies shall be available to the public in accordance with the provisions of the freedom of information law within two weeks from the date of such meeting except that minutes taken pursuant to subdivision two hereof shall be available to the public within one week from the date of the executive session . Original Message From : Lorraine Moynihan Schmitt To : 'Tolcodes' Sent : Thursday , March 27 , 2008 2 : 58 PM Subject: RE : Need your Assistance on PB Minutes 3/28/2008 Page 2 of 2 From : Tolcodes [ mailto : tolcodes@twcny . rr.com] Sent : Thursday, March 27, 2008 2 : 14 PM To : Lorraine Moynihan Schmitt Subject: Need your Assistance on P8 Minutes Importance : High Here ' s what 1 have from my notes . . . Lorraine , I under Dick and Matt were not a part of the Executive Session and the recorder was off, therefore , can you please fill in the blanks for me? 1 . What time the PB came out of Executive Session ? 8 : 58 2 . Who made the motion and seconded to come out of Executive session? Nancy moved , Tom seconded - All aye votes 3 . Was there a motion as the result of the Executive Session ? If so , need to know what it was , who motioned , seconded and final vote Nancy moved that the PB advise the TB that ( 1 ) the PB is recommending Ruth Hopkins as an alternate PB member; (2) the vote to recommend Ruth Hopkins was not unanimous ; and (3 ) the PB requests that the TB consider a pool of alternate applicants before making any final determination ( s ) . Larry seconded — all aye votes on the roll call . 4 . Who made the motion and seconded to adjourn the regular Working Meeting? Tom moved , Larry seconded 5 . What time was the Meeting adjourned 9 : 02 Thanks so much ! Rachel 3 /28/2008 Page 1of1 Tolcodes From : " Lorraine Moynihan Schmitt" <Ischrnitt@thalerandtdaler.com > To : 1"Guy Krogh ' cgkrogh@thalerandthaler . com> ; ' Dick Platt"' < dplatt3@t nny. rr, core> ; 'Watt Besemer"" < metdbesemer@hotrnail , corrt> ; " ' Connie Wilcox' ewilcoxc@hotmail . cor > : "Supervisor, A. Scott Pinney "' onsp 42@twcny .rr.cor > ; " Tolcodeo"' < kolcodes a twcny . rr . corn> Sent : Monday , June 23 , 2008 12 : 16 PM Subject : Lansing TemmonsWSeaoorb Guy : You had mentioned that this action required a short farm EAF? This has bane identified as a Type I action ( located in an agricultural district and also exceeds 25 % of other thresholds) , It will accordingly require a full LEAF which I believe Dick Platt and Dave Herrick are preparing . . . Also a heads up in the archeological significance identified by the applicantideveloper , NYS Parks Recreation 8 Historic Preservation has been properly identified as an interested agency , sent an NOI and given en opportunity to comment. . , • Matt indicated that the TB may want to set a SEQR hearing at the July 2nd hrFFFm special meeting to be set for the next regularly scheduled TB meeting on July 16th . This short serves the newspaper Notice et SEQR hearing by one day ( as 1 know you are well aware , FFEQR requires 14 days advance notice of public hearing ). I am assuming the paper will not/cannot have the information until the day after the July rd 6 :00 prn hearing . . . Perhaps the TB can reschedule the July 211° meeting for July 1st? Lorraine Lorreino Moynihan Schmitt, Ito1. 309 Nortl, Tioga Street P.D. Box 266 Ithaca, New York 74351 -0266 Telopllime: 11(17) 2722-2314 Facsunile: iydn) 272-8466 confidnnliili]iiy Notice! The information contained fit this uctuid message Illi[ • m Iegally I}naterer sir ceiiia1i} neirrrential inlpr nakion, and is intended only for tin use of the individual or eniito to whom it is sdr ] eeeed . 0 the reader o1 this message is not the intinded recipient, you are hereby nntifier hint any Lti4.eemiealiun, distribution, or copying of this ilieee;i0 Is smelly prohibited_ If ree have recLiverr this °moil ill crier, please immedialelp notify us by telephone (G07-272-7314), by IGlx (.607-r72-tem6), orty return email aid dotete this message. lfyml hill a net krill atlV reinili'd this firth for legal Services, thenwe, ere not yam MIen' ' eye end neither this communication nor - lly attachments hereto constitute the provision of legal services or the a nubl rr] I I aunt or renti > heli of e n e tomey.eite l t rL' le tionsh i p. 0123;2000 Page I of Tolcodes From : "Tolcodes" <tolcodes@twcny. rr . com> To : "Lyle Wade ll" < Ihw1@cornell . edu > Sent : Tuesday, June 24 , 2008 9 : 52 AM Subject : Web Site Edits Lyle , Under Calendar Please change the date of the Planning Board Mtg from July 14th to 21st, also under Public Hearing can you please put in BOLD RED Letters above the Title this : The below Public Hearing will be adjourned until July 21 , 2008 Thank you , Rachel 6/24/2008 kayo l of Tolcode s From : "Nancy Loncta" . njs6 © ETnaudi_Cornell . edu' To : "7a Icad e s" 'tel codes ltwcny, rr.co m0 Sent: Monday , June 25 , 2008 1 : 58 PM Subject. FT: LZ Nesignatin Statement Rachel . I don ' t know how busy you are but if you could include this statement in the minutes in advance of our meeting T would not have to make a motion to amend the minutes . It was read by Tom Ellis at our last nitoiing and I tun concerned that perhaps the tape was not working. This is directly From Luny and exactly what he provided Toni and what I remember being read . Thanks for your consideration of this request and 1 will tod:l ly understand if this is not possible. Nancy Original Message brow l-. bV uiderna [mai lto : Jwal cornell _edu] bent : Monday, sone 23 , 2008 1 : 5b PkI To ; Nancy Loneto Subject: LL Resrymnhie Statement Nancy , Here is the statement that was read into the minutes at the 9 June Planing Board meeting and should be in the draft minutes for approval tonight. " I have resigned my position on the Planning .Board because it would be difficult for me to fulfill my Planning Board responsibilities in the future in view of the recent substantive and process-oriented changes and proposals put fonard by the Town Board regarding both the zoning sock ordinance and sub-division law . I have very much enjoyed my association with all members of the Ply nni ng Board . Each has demonstrated :a dedication and interest in the future of the Town of Lansing that is mast commendable_ Accordingly, I hope that each member will continue their volunteer service on the Planning Board to ensure that the Town of Lansing remains a great place to lies . ," Larry This email and any attached files arc conitdenlisl and intended solely for the intended recipient(s). If you are not Ts named recipient you should not read , distribute, copy or alter this email UNLESS otherwise noted . bf23 /2Uf8 Page 1 of 3 Tolcodes From : "Matt Besemer" <matt . besemer@hotmail .com > To : "Lorraine Moynihan Schmitt" <Ischmitt@thalerandthaler.com > ; "'Tolcodes"' <tolcodes@twcny . rr.com > ; " tin Davidson "' <nldl@cornell . edu> Cc : " 'Supervisor, A. Scott Pinney" <asp243@twcny . rr. com> ; "' Richard Platt" ' <dplatt3@twcny . rr. com > ; " 'Guy Krogh '" <gkrogh@thalerandthaler . com> ; "' Connie Wilcox"' <wilcoxc@hotmail .com > Sent : Friday, June 20 , 2008 1 : 32 PM Subject : RE : Proposed Agenda 6/23 PB Meeting The TB is having a special meeting on 7/2 and our thought was that IF we had received comment on the NOI's sent out on Thursday by the meeting on 7/2, that we could schedule a SEQR hearing at that time for our regular meeting on 7/ 16 . This would be after the PB's meeting on 7/ 14, so I agree that we would be wasting time for the developer with a site plan review . From : Ischmitt@thalerandthaler . com To : matt. besemer@hotmail .com ; tolcodes@twcny . rr. com; nldl@cornell . edu CC : asp243@twcny. rr . com; dplatt3@twcny. rr.com; gkrogh@thalerandthaler.com ; wilcoxc@hotmail . com Subject: RE : Proposed Agenda 6/23 PB Meeting Date : Fri, 20 Jun 2008 09 : 24 : 20 -0400 Greetings : My intention was not to cast aspersions upon the TB for any delay but to point out that vie would likely be wasting the applicant's time to go forward with the public hearing on the 14th if the SEQR determination of significance has not been made by the lead agency ( Town Board) , The Town Board has declared its intention to act as lead agency at the last TB meeting . I was advised last week that the TB was actually intending to actually declare lead agency and had to explain to the Planning Department and bring Guy into the loop ( he had no idea this was on the agenda ) that the TB must declare its INTENT to act first and send out the NOIs which require a 30 day review period unless you get the precipitated response sought now by the TB . The NOls should have been sent out ASAP after the June 9`" PB meeting . My understanding is that they were just sent out yesterday because the planning department is so swamped . I also suspect that there was miscommunication about who actually would send them, the TB clerk-- since TB is declaring intent to act as lead agency-- or PB clerk . I was actually advised by the Planning Department that they had never declared lead agency before so I provided a form for their use and walked them through the identification of interested and involved agencies. I am under the impression at this point that NOls were previously effected by Dave Herrick's office . Just so everyone is clear, after the NOls are received , if all the agencies consent to the TB acting as lead agent the TB must have a public hearing for the SEAR review and can declare lead agency at that time . Is the TB planning on having a SEQR hearing at a special meeting on the 2 "d ? As the requisite notice for SEQR public hearings is 14 days, this is impossible (or rather illegal ) , Hence , the Planning Board would likely be wasting the applicant' s time in reviewing the site plan prematurely on the 14th before a SEAR determination is made. It is apparent to me that the Planning Department is stretched beyond capacity , training is paramount and reinforcements are needed . I have heard a rumor that additional help is on the way and , if true , I am very relieved to hear that the TB has determined to provide much needed assistance and expertise to that department. I believe Rachel and Dick are working very hard but are in desperate need of direction and assistance , I am unfortunately reluctant to jump in because I am trying to keep my legal fees at to minimum-- but conversely , I am also trying to make sure nothing falls through the cracks such that the Town has litigation exposure. I cannot express how critical it is that SEAR procedures are followed correctly . 6/23/2008 Page 2 of 3 Quite frankly , I actually know what I am doing and am trying to help . Lorraine • Frorn : Matt Besemer rmaiito : matt, besemer lrotmail . comj Sent Thursday, June 19 , 2008 10 : 46 PM To : To'codes; Lorraine Moynihan Schmitt; Lin Davidson Cc: Supervisor, A , Scott Pinney ; Richard Platt Subject: RE : Proposed Agenda 6/23 P8 Meeting That is correct that a committee is going to be formed For the zoning ordinance . I believe it would be a waste of time at this point to continue to review . I also do not believe that the Th is at fault for a delay in declaring itself as lead agency For the Lansing Commons . Our meeting on the 18th of June was the first meeting after the PO recommended we act as lead agency . The NOI' s were supposed to go out today with a comment to rush if possible , If we get them back quickly, we are having a special meeting on 7/2 no we could take further action at that time . Matt From : taicodes twcny . rr.com To : Ischmittowtholerandthaier.cvm ; nldl cornell .edn CT : Matt, Beserner hotmail .com ; aspP43 twcny . rr. com ; 0PLATT3 T TOY . RR , TOM Subject: Re : Proposed Agenda 6/23 PB Meeting Date : Thu , 19 Jun 2008 1454 : 57 -0490 After reviewing this proposed Agenda I re-organized it a little by adding the first Pam _The PB previously agreed to give final approval at the rvorking mtg if the 239 is received . The second item , put on the Agenda is due to the Payne 's scheduling a house closing in July . If proper procedure was followed they mould not be able to keep their closing appointment , so blame mel ) : I personally think this Agenda is outrageous ! There are may too many Major discussion items on it for one night , Please clarify for we it I am wrong , but I was under the impression that a Zoning Committee was going to be estadiished and take over the work on the revisions . if this Agenda remains , I will not be in attendance _ Rachel Original Message From : Lorraine Moynihan Schmitt To ; 'Tolcodes ' ; ' Lin Davidson ' Sent: Thursday , Lune 19 , 2008 1 :25 O1 Subject: proposed Agenda 6/23 PB Meeting After speaking with Lin and Rachel—these are the items I see as a potential agenda fro next Monday's Planning Board meeting , Lin please addldelete items as you deem appropriate_ Final Site Plan Approval SrEE . Associates Of 239 arrives ) Set Public Hearing for Alan Payne Flag Lot Subdivision Application Review Review Planning Board By Laws ; Review TB Second/ Revised Draft of Proposed Zoning Ordinance Revisions; Discuss Warren Road Sewer Project{ SEQR implications for Municipal Planning ; 6/2312005 Page 3 of 3 Discuss Proposals for Ordinance Regulation of Puppy Mills; Propose Motion to Annex 100+ item spreadsheet list of proposed revisions to Zoning Ordinance with TB comments After discussion with Rachel , it appears we have no public hearings set for this Monday but two set for the July 14th ( Lansing Commons and Skate Park) . I advised the planning board at the last meeting that I will be away on vacation that day — in the event they wanted to reschedule-- and the members indicated they would go forward without me so long as I provided resolutions in advance . As the Lansing Commons review cannot go forward due to the delay in the TB declaring its intent to act as lead agency and the NOIs going out only this week ( need a 30 day response period ) and the Skate Park could be a hot issue , maybe these hearings should be reset for a time I could attend ? I apologize for any inconvenience . . . . Thanks , Lorraine Lorraine Moynihan Schmitt, Esq. 309 North Tioga Street P.Q. 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 mess-age 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 by telephone (607=272-2314), by fax (607-272- 8466), or by return euutil 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. Need to know now? Get instant answers with Windows Live Messenger. Mon your terms . The I'm Talkat.hon starts 6/24/08 . For now, give amongst yourselves . Learn More 6/23/2008 Page 1 of 3 ' I Tolcodes From : "Lorraine Moynihan Schmitt" <Ischmitt@thalerandthaler . com> To : "'Matt Besemer"' < matt. besemer@hotmail , com> ; "Tolcodes"' <tolcodes@twcny . rr . com> ; "' Lin Davidson"' <nldl @cornelhedu> Cc : "Supervisor, A. Scott Pinney "' <asp243@twcny . rr . com> ; "' Richard Platt' <dplatt3@twcny . rr. com> ; "'Guy Krogh "' <gkrogh@thalerandthaler. com > ; "'Connie Wilcox" <wilcoxc@hotmail .com > Sent: Friday , June 20 , 2008 9 : 24 AM Subject : RE : Proposed Agenda 6123 PB Meeting Greetings: My intention was not to cast aspersions upon the TB for any delay but to point out that we would likely be wasting the applicant's time to go forward with the public hearing on the 14th if the SEQR determination of significance has not been made by the lead agency (Town Board ) . The Town Board has declared its intention to act as lead agency at the last TB meeting . I was advised last week that the TB was actually intending to actually declare lead agency and had to explain to the Planning Department and bring Guy into the loop ( he had no idea this was on the agenda ) that the TB must declare its INTENT to act first and send out the NOIs which require a 30 day review period unless you get the precipitated response sought now by the TB . The NOIs should have been sent out ASAP after the June 9th PB meeting . My understanding is that they were just sent out yesterday because the planning department is so swamped . I also suspect that there was miscommunication about who actually would send them , the TB clerk-- since TB is declaring intent to act as lead agency-- or PB clerk . I was actually advised by the Planning Department that they had never declared lead agency before so I provided a form for their use and walked them through the identification of interested and involved agencies. I am under the impression at this point that NOIs were previously effected by Dave Herrick' s office. Just so everyone is clear, after the NOls are received , if all the agencies consent to the TB acting as lead agent the TB must have a public hearing for the SEQR review and can declare lead agency at that time . Is the TB planning on having a SEQR hearing at a special meeting on the 2nd ? As the requisite notice for SEQR public hearings is 14 days , this is impossible (or rather illegal ) . Hence , the Planning Board would likely be wasting the applicant' s time in reviewing the site plan prematurely on the 14th before a SEQR determination is made. It is apparent to me that the Planning Department is stretched beyond capacity , training is paramount and reinforcements are needed , I have heard a rumor that additional help is on the way and , if true , I am very relieved to hear that the TB has determined to provide much needed assistance and expertise to that department. I believe Rachel and Dick are working _very_ hard but are in desperate need of direction and assistance. I am unfortunately reluctant to jump in because I am trying to keep my legal fees at to minimum — but conversely , I am also trying to make sure nothing falls through the cracks such that the Town has litigation exposure . I cannot express how critical it is that SEQR procedures are followed correctly . Quite frankly , I actually know what I am doing and am trying to help . Lorraine From : Matt Besemer [mailto : matt. besemer@hotmail . com ] Sent : Thursday, June 19, 2008 10 : 46 PM • To: Tolcodes; Lorraine Moynihan Schmitt; Lin Davidson Cc : Supervisor, A. Scott Pinney ; Richard Platt Subject: RE : Proposed Agenda 6/23 PB Meeting That is correct that a committee is going to be formed for the zoning ordinance . I believe it would be a waste of time at this point to continue to review . I also do not believe that the TB is at fault for a delay in declaring itself as lead agency for the Lansing Commons . Our meeting on the 18th of June was the first meeting after the PB recommended we act as lead agency . The NOI's were supposed to go out today with a comment to rush if 6120/2008 Pege 2 0 / possible . If we get them back quickly, we are having a special meeting on 7/2 no we could take further action at that time. Matt From : tolcodes ntwcny . rr , com To : Ischmitt a thaterandthaler.com ; nldl r cornell , edu CC : Makk. Besemer hotmail .com ; asp243 o twony, rr. oem ; DPLATT3 TWCBY . RR , COM Subject : Re : Proposed Agenda 6/23 PB Meeting Date : Thu , 19 Jun 2008 14 : 54157 -0400 After reviewing this proposed Agenda I re-organized it a little by adding the first item . The PB previously agreed to give final approval et the working mtg if the 239 is received . The second item , I put on the Agenda is due to the Payne's scheduling a house closing in ,ally , if proper procedure was followed they would not be able to keep their closing appointment , so blame me ! ) : I personally think this Agenda is outrageous ! There are way too many Major discussion items on it for one night. Please clarify for me if I em wrong , but I was under the impression that a Zoning Cornmiltee was going to be established and take over the work co the revisions . If this Agenda remains , I will not be in attendance , Rachel Original Ronnope From : Lorraine Moynihan Schmitt To : 'Tolcodoe' ; 'Lin Davidson' Sent: Thursday , hone 12 , 2008 1 :25 PM Subject : Proposed Agenda 6/23 RB Meeting After speaking with Lis and Rachel—these are the items I see as a potential agenda frc next Monday ' s Planning Board meeting . Lin please add/delete items as you deem appropriate _ Final Site Plan ApprovalS . E . E. Associates ( If 239 arrives ) Set Public Hearing for Alan Payne Flag Lot Subdivision Application Review Review Planning Board By Laws ; Review TB Second/Revised Draft of Proposed Zoning Ordinance Revisions; Discuss Warren Road Sewer Project! PROP implications for Municipal Planning ; Discuss Proposals for Ordinance Regulation of Puppy Mills; Propose Motion to Annex 100 + item spreadsheet list of proposed revisions to Zoning Ordinance with TB comments After discussion with Rachel , it appears we have no public hearings set for this Monday but two set for the July 100 ( Lansing Commons and Skate Park) _ I advised the planning hoard et the last meeting that I will be away on vacation that day - in the event they wanted to reschedule– and the members indicated they would go forward without me so long as I provided resolutions in advance_ As the Lansing Commons review cannot go forward due to the delay in the TB declaring its intent to act as lead agency and the POle going out only this week { need e 30 day response period ) and the Skate Park could be e hof issue, maybe these hearings should be reset for a time I could attend ? I apologize for any inconvenience . . . . Thanks, Lorraine UirrMiimq mmrni11,r111 hchnrer. Esq . 309 North Tinl;a Street P.O_ eox 7166 6/20/2008 Page 3 of 3 Ithaca, New York 19851 .0266 Telephone: (607) 272-2314 Facsimile: (6(17) 272-8966 Confidentiality Notice: The information contained in this emai.I 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 by telephone. (607-272-2314), by fax (607-272-&466), 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. Need to know now? Get instant answers with Windows Live Messenger . IM on your terms . 6/20/2008 Page 1 of 2 Tolcodes From : "Matt Beaemer ' cmait . desemor hotrnait .com > To : 1r olcodes" .tolcodes twcny_ rr_ como ; "Lorraine Moynihan Schmitt" < Irchmitt(c thalerandthaler , com> ; "Lin Davidson" Onldl [r cornell . edu > Cc : "Supervisor , A, Scott Pinney" casp243 ( twcny _rr_com > ; " Richard Platt" Odplattd twcny . rr. com > Sent : Thursday , June 19 , 2008 10 :45 PM Subject : RE : Proposed Agenda 6i23 Pb Meeting That is correct that a committee is going to be formed for the zoning ordinance , I believe it uhrouid be a waste of time at this point to continue to review. I also do not believe that the TB is at fault for a delay in declaring itself as lead agency for the Lancing Commons . Our meeting on the 18th offline was the first meeting after the PB recommended we act as lead agency . The NSI's were supposed to go out today with a comment to rush if possible . If we get them back quickly, we are having a special meeting on 7/ 2 so we could take further action at that time. Matt From ; toloodartStwcny , rr, cam To ; Ischmitt thaierandthaler.com ; nldl cornell , edu CC; Matt , BesemerSthotmail , co;rr; asp243 t cny , rr.cow ; LPLATTB a1TWCNY . RR. PPM Subject : he : Proposed Agenda 6/23 LB Meeting Date : Thu , 19 Jun 2008 14 : 5457 -0490 After reviewing this proposed Agenda I re-organized it a little by adding the first item . The PB previously agreed to give final approval at the working rntg if the 239 is received , The second item , put an the Agenda is due to the Payne's scheduling a house closing in July_ If proper procedure was followed they would not be able to keep their closing appointment, so blame me ! j : I personally think this Agenda is outrageous ! There are way too many Major discussion items on it for one night. Please clarify for me if I am wrong , but I was under the impression that a Zoning Committee was going to be established and take lover the work on the revisions , If this Agenda remains, I will not be in attendance , Rachel Original Message From : Lorraine Moynihan Schmitt To : fl olcados' ; 'tin Davidson ' Sent: Thursday, June / 9 , 2098 1 :24 PM Subject : Proposed Agenda 6/23 PB Meeting After speaking with Lin and Rachel—these are the items I see as a potential agenda fro next Monday 's Planning Board meeting , Lin please add/delete items as you deem appropriate . Final Site Sian ApprovalS . E . E . Associates ( If 239 arrives ) Set Public Hearing for Alan Payne Flag Lot Subdivision Application Review Review Planning Board by Laws ; Review TBSecond/ Revised Draft of Proposed Zoning Ordinance Revisions; Discuss Warren Road Sewer Project` PROM implications for Municipal Manning Discuss Proposals for Ordinance Regulation of Puppy Mills ; Propose Motion to Annex 100 + item spreadsheet list of proposed revisions to Zoning Ordinance with TB comments 6/PP/2008 Page 2 of 2 After discussion with Rachel , it appears we have no public hearings set for this Monday but two set for the July 141h ( Lansing Commons and Skate Park) . I advised the planning board at the last meeting that I will be away on vacation that day — in the event they wanted to reschedule-- and the members indicated they would go forward without me so long as I provided resolutions in advance. As the Lansing Commons review cannot go forward due to the delay in the TB declaring its intent to act as lead agency and the NOls going out only this week ( need a 30 day response period) and the Skate Park could be a hot issue, maybe these hearings should be reset for a time I could attend ? I apologize for any inconvenience . . . . Thanks , Lorraine Lorraine Nloyniha.n Schmitt, Esq. 3*9 North Tioga Street P.O. Box 266 Ithaca, New York 14851-0266 Telephone: (61P) 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 nut the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this message is strictly prohibited. If you hove received this email in error, please immediately notify us by 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. Need to know now? Get instant answers with Windows Live Messenger. IM on your terms. 6/20/2008 cek /tçi4- LEGAL NOTICE OF PUBLIC HEARINGS ,-a TOWN OF LANSING PLANNING BOARD July 14, 2008 PLEASE TAKE NOTICE that the Planning Board of the Town of Lansing, New York, will hold Public Hearings on July 14, 2008 at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, at the following times and on the following matters : 7 : 20 P. M . Consideration of an application made by Ben Jones of Bast Shore Skate Park, LLC for Site Plan Review, Tax Parcel No . 37 . 1 - 2 -3 , 2073 East Shore Drive, B1 Zoning District. Mr. Jones is seeking approval to create an indoor skate board park in an existing vacant building located at 2073 East Shore Drive . Section 503 , Schedule I of The Town of Lansing Land Use Ordinance requires Site Plan Review for Commercial Recreation indoors when located in the B2 District . 7 : 40 P. M . Consideration of the_PreIiminary Hat, Phase I for approval of a Major Subdivision submitted by J . Ronald Secord which is to be located on Cayuga Vista Drive in the Town of Lansing, Tax Parcel No . P . O . 37 . 1 -2-53 . 222 pursuant to Section 276 ( 5) ( i) of Town Law, and Article 5 , Section 505 (E . ) (2 . ) of Local Law Number 2 Of 2008 , Subdivision Rules & Regulations of the Town of Lansing New York. The purpose of the Hearing is to receive Public comments prior to approval of the Preliminary Plat . The above referenced Applications are open to inspection at the office of the Town of Lansing Planning Department 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 Rachel Jacobsen at the Town of Lansing 533 -7054 at least 48 hours prior to the time of the Public Hearing. Lin Davidson, Chairperson Planning Board Town of Lansing 29 Auburn Rd Lansing NY 14882 June 17, 2008 6 17108 Page 1of1 Tolcodes From : " Royko, Denise" <DROYKO@binghamt. gannett .com > To : "'Tolcodesm <tolcodes@twcny .rr. com> Sent : Wednesday, June 18 , 2008 9 :21 AM Subject : RE : 6/20 - ITHACA - Legal Notice -Town of Lansing Good Morning , we have your legal and it will publish on 6/20/08 in the Ithaca Journal . Thank You , Denise From : Tolcodes [mailto : toloodes@twcny . rr.com] Sent: Wednesday, June 18, 2008 8 : 52 AM To: Legals Ithaca Journal Subject : 6/20 - ITHACA - Legal Notice-Town of Lansing Good Morning Denise, Can you please have this printed ASAP . No need for an affadavit . Thank you , Rachel 6/18/2008 Page 1oft Tolcodes From : "Tolcodes" <tolcodes@twcny . rr. com > To : "Richard Platt" <DPLATT3@TWCNY. RR. COM> Sent: Wednesday , June 18 , 2008 1 : 37 PM Attach : SEQR Town Board Lead Agency . doc Subject : Fw: SEQR Lead Agency Form ----- Original Message ----- From : Dawn Tordel To : 'Dick_Platt' ; 'Tolcodes' Cc : ' Lorraine Moynihan Schmitt' Sent: Tuesday, June 17 , 2008 3 : 55 PM Subject : SEQR Lead Agency Form Pursuant to Lorraine ' s request, attached is a SEQR Notice of Establishment of Lead Agency form . -Dawn Dawn A9 . L. Tordel Paralegal Thaler & Thaler 309 N. Tioga Street P.O. Box 266 Ithaca, NY 14851 P: (607) 272-2314 F: (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 who 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 by telephone (607-272-2314), by It (607-2724466), or by return email, delete this message, and destroy any copies of print-mets of this message. Thank you. In accordance with Internal Revenue Service Circular 230, we inform you that any discussion of a federal tax issue contained in this communication (including any attachments) is nor intended or written to be used, and it cannot be used , by any recipient Cor the purpose of (i) avoiding penalties that may be imposed on the recipient under United States federal tax laws, or ( ii ) promoting, nuirketing or recommending to another party any tax-related matters addressed herein . 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 or legal services or the establishment or confirmation of an attomcy-client relationship. 6/ 18/2008 Page 1. of 1 Tolcodes From : "Lorraine Moynihan Schmitt" <Ischmitt@thalerandthaler . com> To : " Dick Platt"' <dplatt3@twcny. rr.com > ; "Tolcodes" <tolcodes@twcny . rr.com> Sent: Tuesday , June 17 , 2008 3 :40 PM Subject : Lead Agency Declaration Dick : I asked my assistant, Dawn to tweak my Lead Agency form to send to you for declaration of Town Board—She should be sending it shortly . . . See you at 6 :00 ! Lorraine Lorraine Moynihan 5clunitt, Esq . 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 inform tiort, 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 arc 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 by 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 establislment or confirmation of an attorney-client relationship. 6/ 18/2008 Page 1 of 1 Tolcodes From : "Lorraine Moynihan Schmitt" < Ischmitt@thalerandthaler . com> To : "Dick Platt'" <dplatt3@twcny .rr.com > Cc : "'Tolcodes"' <tolcodes@twcny. rr. com > Sent : Tuesday. June 10 , 2008 9 :42 AM Subject : RE : resolutions Dick: I have to conform the resolutions to comport with last night' s imposed conditions— will get them to you by end of business tomorrow. Also—on Lansing Commons/Seacord SEQR—will you be sending out the TB NOls declaring the TB 's intention to act as lead agency? Please let me know when they set the special meeting and send a copy of the publication of same for my file together with a copy of the NOL Thanks again for all your help last night! Best , Lorraine From : Dick Platt [mailto : dplatt3@twcny . rr.com] Sent : Tuesday, June 10, 2008 8 : 34 AM To : Lorraine Moynihan Schmitt Subject : resolutions Lorraine , Please send electronic copies of the resolutions for last night to myself and Rachel . Thanks . Dick 6/ 18/2008 Page 1 of l Tolcodes From : " Nancy Loncto" < njs6@Einaudi .Cornell .edu > To : "Tolcodes" <tolcodes@twcny . rr. com > Sent : Monday, June 16 , 2008 410 PM Attach : Copy of Ordinance Revisions with TB determ - Spreadsheet 3 -20-08 , xls Subject: Answer to Rachel Dear Rachel , The last action is to have the appended spreadsheet made a part of the minutes from the last meeting . Please let me know when these minutes get posted to the web-site . Thank you . Nancy 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 http :/1www . elnaudi .cornell .edu/southeastasia! This email and any attached files are confidential and intended solely for the intended recipient(s) . If you are not the named recipient you should not read , distribute, copy or alter this email UNLESS otherwise noted . h 11/6g, • i) 6/ 17/2008 March 23 , 2008 Planning Board Review of Proposed Zoning Ordinance Changes Comments from Lorraine on .Process to date : Schedules one and two and definitions — fiat pass on part of NB New appendicitis Comprehensive Plan Permitted uses by district Changes to set back requirements What are the problems with internal site plan review — where do they exist 10 Foot setback not sufficient — sideyard business uses in i1 district landscaping — speci Really delineate by district commercial in AN districts SO revisions will be on —going at least So April if not beyond Transparency of process 239 review TB — will review again immediately — looking at formal recommendations from PC Information Sessions — 0e :1\401110w Falls) .Review of Check List — internal Site Plan Review only (no subdivision discussion) 2 Purposes 1 . Planning Department reviews everything — tool .fir review 2 . Thresholds need to be established to trigger referral to PB (colli Fd) PB needs to be apprised oUall actions pending and finalized internal or otherwise At no change in NA is our recommendation ( 100 ' set shack. is issue) — keep key provision .for Special Condiditon is applicable A . S - O O. d . Site Plan in FSA and Lt When ever there is a definition — reference the page in Schedule Ai . should all be site plan reviewed (meet federal guidelines and i f possible N in R1 and Ll ) A . 9 one one bedroom apartment per a single family home and other ancillary check list requisite for this use A . 8 ? Site plan A . 10 OK as changed A. 11 OK as changed A . 1. 2 Ok as changed — reference ordinance appendix (re-visit should this go through site plan or is ordinance sufficient) A . 13 Be classified as a Residential PDA and follow those ordinance procedures A. 14 OK as changed A 16 Site plan where ever it is allowed 81 OK as changed B2 Permitted with site plan review in all cases B 3 OK as changed and including IR ( federal regs ?) B . 4 Site plan - - - ok internal if parking and buffering, landscaping codified B . 5 . SP 803 . 1 in RA. to match all others B . 7 OK as changed B . 8 All instances should have site plan (access lighting parking etc . . . ) and allowable on lakefront C . 1 OK as changed C . 6 Not Permitted in R.2 B USINESS USES IN R 3 MUST HAVE SITE PLAN (COMMERCIAL USES ) C - 7 Permitted if adequate parking ; seasonal penvil , etc . . . C 8 Site Plan review required — internal with ancillary check list (codified landscaping, park , signage etc) 0 . 9 ROes changed — infernal with ancillary check list (codified landscaping, park, sig-nage etc . ) C . 10 OR. as clanged - - rite plan plus required C . 11 OK as changed - a site plan C . ] 2 In house site plan - - - (codified , landscaping, park, signage etc ) revisit ancillary check list — REVISIT - - - ( RI AND R2) C . 13 CO as changed C , 14 N in .R2 or 01 ; 803 . 1 in ad other land use areas (should remain with Town Board special permit and site plan ) Commercial application — site plan review C , 15 GO COas changed and site ptan review internal added C . 16 OK as changed — internsl review with ancillary list or conditions C . 17 OK as changed C . ] 8 N in R1 and R2 because of density concerns and Comprehensive Plan; could be parr of PRO C - 19 C in RI. and R2 because of density concerns and Comprehensive Plan ; could be part of PLEA; Alt Sire Plan remains with PB - - - no infernal site plan C . 20 OK COas changed REVIEW ENTIRE SC.REDUCE .'1' C INSERT PDA dCCPPO .APPLICABLE TO ENCOURAGE POSSIBLE DFVELOPIVIL`- NT 803 . 6 SP d C . 2l :Regular site plan - C' in R1 and R2 Nil, these areas we are going counter to developing other business areas - - . 31+ ] x'08 START THERE - - - -AT C . 23 PLANNING BOARD SHOULD RETAIN ALL ISA AND R.3 SITE PLAN — P.OPPCIPCE OF CANARY Ill COAL MINE - - - tv . 23 All All site plan before the P1 — 1:f in these areas we are going counter to developing other business areas ; transparency to public ; — except for where it is not allowed at all (need facts to substantiate necessity of change) C . 24 ibid C25 ibid maintain no-outside storage and landscaping, lighting (ancillary if in house) — need to be allowed in IR with site plan A . 26 ibid — needs to he allowed in [R with site plan C . 27 ibid • . 28 RA should have site plan review ( agricultural use is preferred use and needs to be protected ) issue of outdoor storage ; 1R should allow and allow outdoor storage — keep special condition from B1 should remain and apply in '43 - - all should have site plan by PB ( if more codifying then perhaps in-house B1 and 82 ) SHOULD OUTDOOR STORAGE BE SCALED '? More Defined — ie overnight (display it not storage) Lighting needs to be defined and scaled (no hardship but on the ground) - - foot print of light should be on site and should not glare off site ( ie type or equal ) C . 29 Provision with existing special note still applicable ( if more codifying that perhaps in- house El and B2) O . 30 Beep 802 . 33 in B2 AND ALL CBAARS (considered critical ) ENSURE THAT ALL Sd.FCIAL CONDITIONS ARE INCLUDED WITH. DEFINITIONS — AREE TCS REDUCE REDUNDANCY BUT MUST RBAAET ORDINANCE TO INCORPORATE SPECIAL CONDITION'S IN DEFINMON - - - SAME APPLY TO SPECIAL USE PERMITS AS WELL C . 31 What PB to have site plan in all cases (traffic , parking; lighting) don ' t allow in R2 perhaps in 43 with site plan - has potential to grow ( potential in -house in B1 and 82 under right conditions — codified) C . 32 Ibid with 31 C . 33 Change definition to no gas R . R3 ; reith gas allowed in At , B2 , A RA — all BP site pian (Consider IA side ofTriplrnwwer for 42 , not Al ) C . 34 Does not belong in R . and BP site plan across board loci . 1R (wi and B2 perhaps with codified conditions then in house) (Review potential loss of space in IA) C 35 No to gas in R2 or .NP — curb cuts need to be considered and general requirements for special use permits (TB ) adequate safe guards ( IMPORT WORDING TO SHE PLAN ) C . 36 PbRA . needs to be full PB silo plan ; no in N2 ; all need to be public hearing therefore all PA site plan ALL l l AND 82 ALLD PUBLIC HEARINGS THE FNLLOW2AC CAN ALA REQUEST FULL HP :AbAIENV : APPLICANT, NEIGHBORS , C E, LB - - ENSURE TH lb .TS CODI.FiED C. 37 No in Rd the remaining ok C . Ph .RA — P8 site plan ; N in R2 ; B i and 132 BP site plan review - - - 3 and .I.R ok - - - this is a business and there is traffic and needs review (.funtances , boilers , shover writs ie 1=IEP) ; C 39 RA site plan with NB ; allow in R2. to create neighborhood but with site plan at LB ; N and 82 potential is -house site plan C. 40 ok as it stands INDUSTRIAL ALSEA1 .CN D- 1. RA — PR site plan ; Lb is ok with PA site plan ; - - Y how do we accommodate expansion Froin . 50 a to 1 f acres ? for RA and R3 WHAT IS GRANDFATHERED - - - HN2L lb .[T DEFINED lb GROWTH OR CHANGE IN Br/ SINESS ; WHAT KIND OF CONDITIONS CLT PUT ON AN APPROVAL (HOURS OF OPERNTTON AND SIZE { SCALE , .SCOPE, .ETC .` . Ord bile plan with .PB in all eases (traffic ; environment; lighting) Mid Di concerns .for expansion D. 3 M i d D . 4 NA D . 5 agree with changes (all ag use) D . 6 agree with changes -- soir) oat to sign and light code D . 7 subject to DEC — specify D . 8 PD and IR with site plan by BP - add to definitions (see notes to D1 ) D . 9 RA site plan by BP ; site plan across all and elements in S02 . 36 should be considered in all instances (buffering could be instrumental) D . 10 ah as changed D . I 1 Site plan in RA, Bl , 132 and IR D . 12 lbid U TILITY AND MISCELLANEOUS USES E . 1 ON A2 OK E . 3 OK A4 O . A 5 OK A 6 OK L . 7 O (? SIE LIMITATION IN P.1 AND R ?) Ad OK E . 9 O E . 10 OK AS CHANGED DEAF USES Al O F . 2 Site plan by PR ; do not allow 10 N.2 ( ? Scale is issue ?( (define lawn care us landscaping) separate excavating out as a separate use? A 3 O 1" , 4 OK OBSERVATIONS SUBSTANATIVE REASONS ON -GOING CONSIDERATION AND EXPERIENCE NO DESIRE TO OBSTRUCT FACT, CASE LAW, AND LIKE SOME CHANGES PEOPLE LIKE TRANSPARENCY (RESTRICTIONS VS PROTECTIONS ) REVIEW SCHEDULE ii PREPARE OVERVIEW COMMENTS All agree that in -house checklist is too large a step at this time ( more needs to be codified in the zo) Pae 1 of 1 Tolcodes From ; "Tolcodes" <tolcodes twcny . rr. com > To : "Linda Hirvonen " < LAHirvonen Warrenhomes , com > Sent ! Friday , March Fat , 2008 10 : 40 AM Subject: Additional Zoning Concerns List Linda , I 've been told that you may have a list of additional concerns regarding the proposed changes to the Zoning Ordinance , Would you be so kind to email or fax (833-3507) them to my attention prior to noon on Monday , Thank you , and hone a wonderful Easter Holiday ! Best , Rachel 3/211200S Page I al. 1. Tolcodes From : "Tolcodes" ctolcodes twcny , rr, com > To : "Nancy Loncto" cnjse IB . Cornell , e[lu> Sent : Friday , March 21 , 2008 10 : 35 AM Subject: Re : PB Agenda & Minutes Will do . rj Original Message From : Nancy Loncto To : Tolcodes ; Viola Miller ; Thomas Ellis. ; comell - edu , Iwzl ; Lin Davidson ; Larry Sharpsteen Co : Matthew Besemer Sent : Friday , March 21 . 2008 10 : 25 AM Subject : RE ; PB Agenda & Minutes Dear Rachel , If you will please have the lap-top available so that someone can keep tract of the concerns that would be most helpful, f imagine that the TB will want a document in writing in advance of the joint meeting . Nancy r. Frorn : Tolcodes [mailta : tcicodestwcny. rr , com ] Sent : Friday, March 21 , 2008 10 : 27 AM To : Viola Miller; Thomas Ellis; Nancy Loncto ; cornell -edu, lz1 ; Lin Davidson ; Larry Sharpsteen Cc: Matthew Besemer Subject; PB Agenda & Minutes - Members- There will be no packets sent out, Please note the time of the meeting : 6: 00 PM . Have a wonderful Easter Holiday! Rachel This tniai1 and any attached files arc confidential and intended solely for the intended recipient(s), 11 you are not the named recipient you should not read , distribute, copy or alter this email UNLESS othenvise noted . 3/21 /2008 Page 1 of l Tolcodes From : "Tolcodes" <tolcodes@twcny .rr.com > To : "Viola Miller" < Robert-S-Miller@Verizon . Net> ; "Thomas Ellis" <TMEIlis498@aol . com> ; <njs6@is , cornell . edu > ; "Larry Zuidema " <Iwz1 @cornell . edu > ; "Lin Davidson" <nld1 @cornell .edu > ; " Larry Sharpsteen" < Larbear@Juno .com > Cc : "Matthew Besemer" <Matt . Besemer@hotmail . com> Sent: Friday , March 21 , 2008 10 : 26 AM Attach : 03-24-08 PB Agenda . doc ; 03- 10 -08 PB Minutes . doc Subject : PB Agenda & Minutes ~Members - There will be no packets sent out. Please note the time of the meeting : 6 : 00 PM . Have a wonderful Easter Holiday! Rachel 3 /21 '2008 Page l of 1 Toleodes From : " Lorraine Moynihan Schmitt" oIschmitt thoIoraodthaler- coino To : ' tarry C Sharpsieenm <Inrboer tjuno -com > Cc : nnld1 cornell -edur ; rnjs6QIS . ornell . edur ; nTmEllis498 aol . cornr ; < hod norncll -edun; <asp243 ([ twnny- room so ; <tolcodes@twcny . rr . com > ; <bornh3 twcny . rr-corn > ; <GKrogih@trialerandthaler . comr Sent: Thursday, March Oh , 2008 8 : 50 AM Subject : AS : Larry raises a good point in that the exempt subdivision section oh the subdivision local haw should probably contain and reference its own `sin -house planning department exempt subdivision checklist"_ Rest Lorraine Original Message From ; Larry C Sharpsteen [ mai, yto ! larbear0junv - cnmi / e L : Wednesday , March cc , 2008 9 = 3 AM To lschuitt5bhelciandthaler - oor Cc ! nidloccrnelt, . cdu : rrjs6OIc . Ccroeli , edu ; TmEl ;l, hs49600nol . com ; Farbear0Jeno - Coe ; 1wzlbcornel .l - cdu ; aspL43@twrcno , rr , corn Lalc. odesb wccy , rr , coin ; dbhacr3@twcry . rr , com ; CKroghothalerandclaler , com Subject , Re ; My main question : Is this checklist for subdivishoosr If so , please review the subdivision document Co make sure that the section which limits comment on a proposed subdivision with regard so land use has been removed or is reconciled to the current use . Then : A number of items are not checked that I think should be reviewed by the FF . Last , to let myself in for criticism , gyp , et al : y still don ' t think impact is a verb , but I know affect is . Larry 3 /612008 Page 1ofl Tolcodes From : "Lorraine Moynihan Schmitt" < Ischmitt@thalerandthaler. com > To : " 'Larry C Sharpsteen "' < larbear@juno .com > Cc : < nldl@cornell . edu > ; <njs6@IS . Cornell . edu > ; <TmEIIis498@aol .com > ; <Iwzl@cornell .edu > ; <asp243@twcny. rr. com> ; <tolcodes@twcny. rr . com > ; <dplatt3@twcny. rr.com > ; <GKrogh@thalerandthaler . com> Sent : Thursday , March 06 , 2008 8 : 36 AM Subject : RE : The list is intended for site plan only . Please be specific as to what additional items you feel should be included . Impact is a common buzz word in SEQR , Zoning and Land Use . Effect follows cause and affect is often just annoying ; - ) Original. Message From ! Larry C Sharpsteen [ mailto : larbear juno . com ] Sent : Wednesday , March 05 , 2008 9 : 23 AM To : lschmitt ®thalerandthaler , com Cc : nidl@cornell . edu ; njs6 ® IS , Cornell . edu ; TmEllis498 ©aol . com ; Larbear@OJuno . com ; lwzl@corneli . edu ; asp243@twcnv- . r. . corn ; toicodesCtwcny . = r. . con ; dpiatt3@twcny . rr . com ; GXrogh@thalerandthaler . com Subject : Re : My main question : Is this checklist for subdivisions ? If so , please review the subdivision document to make sure that the section which limits comment on a proposed subdivision with regard to land use has been removed or is reconciled to the current use . Then : A number of items are not checked that I think should be reviewed by the PB . Last , to let myself in for criticism , # 34 , et al : I still don ' t think impact is a verb , but I know affect is . Larry 3/6/2008 Pagel oil Toloodes From : "Larry C Sharpsteen " clarbear a .jtino.corn > To : cIschmittthnlnrnndthaler. comr Cc : cnlhl cornall , edu > ; cojsd I . Corneal .edu > ; < TmEllis498@aol , corn > ; <t_arhear Juno.com > ; <1051 @comell _ edtiu ; cnsp243 7bvcny _rr_ comr ; <toluuhuu tvveny , rr, com > ; cdplatt3 © Wcriy . rr. camc ; < CKrogh thalerandtheler , cam> Sent: Wednesday , March 05 , 2008 9 :22 Am Subject : Re : .My main question : Is this checklist for subdivisions ? A so, please review the subdivision document to make sure that the section which limits comment on a proposed subdivision wilh regard to land use his been removed or is reconciled to the current use . then : A. urtender o ? items are not checked that. I think should be reviewed by the dC _ Last, to let myself in for criticism , #34 , et a1 : I still bend think impact is a verb, bur l know affect is . Larry 3 /6/2.008 Page I of 1. Tolcodes From : "Royko , Denise" < DROYKO@binghamt .gannett . com> To : "Tolcodes" <tolcodes@twcny . rr.com > Sent: Thursday, March 06 , 2008 8 : 32 AM Subject: RE : 3/8 - ITHACA - Legal Notice Good Morning Rachel , I have your legal and it will publish on 3/8108 in the Ithaca Journal . H ave a nice day ! Thank You , D enise n From : Tolcodes [ mailto : tolcodes@twcny . rr . com] Sent: Wednesday, March 05 , 2008 1126 AM To : Legals Ithaca Journal Subject: 3/8 - ITHACA - Legal Notice H i Denise , Can you pleae have this printed ASAP . No Need for an affidavit . H ope all is well down in the Triple Cites . Thank you , Rachel 3 /6/2008 Page 1 of 1 Tolcodes From : "Matt Besemer" <matt. besemer@hotmail . com > To : "Nancy Loncto" <njs6@is . cornell . edu> ; "Tolcodes " <tolcodes@twcny. rr . com> Cc : " Lin Davidson" <nldl@cornell . edu > Sent : Thursday , February 21 , 2008 1 : 48 PM Subject : RE : PB Volunteer Needed I believe the Town Board would all agree and we would appoint her as an alternate . Matt Subject: RE PB Volunteer Needed Date : Thu , 21 Feb 2008 10 : 59 : 13 -0500 From : njs6@IS . Cornell . edu To : tolcodes@twcny . rr.com CC : matt . besemer@hotmail . com ; nldl@cornell . edu Dear Rachel , I am sorry but it is extremely likely that I will be in Stow , Ohio with Katie . I would like to make a motion on Monday night to have Ruth Hopkins join the PB as an alternate . Perhaps we could ask her to attend ? ( I forgot this for the agenda . — can you make copies of her application and verify that she is the only applicant. ) Matt and Lin , any comments here? Nancy From : Tolcodes [ mailto : tolcodes@twcny . rr. com] Sent : Thursday, February 21 , 2008 11 : 00 AM To : Thomas Ellis; Nancy Loncto; Lin Davidson ; cornell .edu, Iwz1 ; Larry Sharpsteen Cc: Supervisor, A . Scott Pinney; Richard Platt; Matthew Besemer; Lorraine Moynihan Schmitt Subject: PB Volunteer Needed -Members— The Town is looking for a Planning Board Member to represent the Town and attend this Farmland Protection Planning Grant Program Workshop . Larry Zuidema has a prior committment and is unable to attend . Please let me know ASAP and I would be glad to pre-register you . Thank you , Rachel This email and any attached files are confidential and intended solely for the intended recipient( s) . If you are not the named recipient you should not read, distribute, copy or alter this email UNLESS otherwise noted . Helping your favorite cause is as easy as instant messaging . You IM , we give . Learn more . 2/21 /2008 Page 1 of 1 Tolcodes From : "Nancy Loncto" <njs6@IS , Cornell . edu > To : "Tolcodes" <tolcodes@twcny . rr. com > Cc : "Matt Besemer" < matt .besemer@hotmail . com> ; "Lin Davidson " <nldl@cornell . edu > Sent : Thursday , February 21 , 2008 10 : 59 AM Subject : RE : PB Volunteer Needed Dear Rachel , I am sorry but it is extremely likely that I will be in Stow, Ohio with Katie. I would like to make a motion on Monday night to have Ruth Hopkins join the PB as an alternate . Perhaps we could ask her to attend ? ( I forgot this for the agenda . - can you make copies of her application and verify that she is the only applicant. ) Matt and Lin , any comments here ? Nancy From : Tolcodes [mailto : tolcodes@twcny . rr.com] Sent: Thursday, February 21 , 2008 11 : 00 AM To: Thomas Ellis ; Nancy Loncto; Lin Davidson ; cornell . edu, Iwzl ; Larry Sharpsteen Cc: Supervisor, A. Scott Pinney; Richard Platt; Matthew Besemer; Lorraine Moynihan Schmitt Subject : PB Volunteer Needed -Members - The Town is looking for a Planning Board Member to represent the Town and attend this Farmland Protection Planning Grant Program Workshop . Larry Zuidema has a prior committment and is unable to attend . Please let me know ASAP and I would be glad to pre- register you . Thank you , Rachel This email and any attached files are confidential and intended solely for the intended recipient(s) . If you are not the named recipient you should not read , distribute, copy or alter this email UNLESS otherwise noted . 2/21 /2008 Page loft Tolcodes From : " Lorraine Moynihan Schmitt" <Ischmitt@thalerandthaler . com> To : "'Nancy Loncto"' < njs6@IS . Cornell .edu > ; "'Tolcodes' ' <tolcodes@twcny . rr . com > Cc : "tin Davidson"' <nldl@cornell .edu > Sent: Thursday, February 21 , 2008 4 :07 PM Subject : RE : A little clarification The Town supervisor has supported Larry 's point of view-- that the Complainant's recourse is with the Town Board ( noise/traffic concerns ) and/or DEC ( salt concerns) and this really should not be before the PB because it is a permitted use. I do agree with Nancy that we need to see what approvals if any the PB has given , in relation to the lease or anything else before we take it off the agenda . -- Lorraine From : Nancy Loncto [mailto : njs6@IS . Cornell . edu ) Sent : Thursday, February 21, 2008 2 : 16 PM To : Tolcodes Cc: Lorraine Moynihan Schmitt; Lin Davidson Subject: A little clarification Dear Rachel , In anticipation of Monday's meeting can you or Dick check on something for me? In Ms . Carney's letter — 2nd paragraph she refers to "approved to lease and include a salt storage" — can you identify anything in Planning Department files regarding an approval and if so can you bring it to the meeting on Monday? Thanks ever so much for any light you may be able to provide on this particular statement , Nancy 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 http :/fwww . einaudi . cornell . edulsoutheastasia/ This email and any attached files are confidential and intended solely for the intended recipient(s) . If you are not the named recipient you should not read , distribute, copy or alter this email UNLESS otherwise noted . 2/22/2008 Page 1 of 1 Tolcodes From : " Nancy Loncto" <njs6@IS . Cornell . edu > To : "Tolcodes" <tolcodes@twcny . rr.com > Cc : "Lorraine Moynihan Schmitt" <Ischmitt@thalerandthaler.com > ; "Lin Davidson" <nldl@cornell . edu > Sent: Thursday, February 21 , 2008 2 : 16 PM Subject: A little clarification Dear Rachel , In anticipation of Monday's meeting can you or Dick check on something for me? In Ms . Carney's letter — 2nd paragraph she refers to " approved to lease and include a salt storage" — can you identify anything in Planning Department files regarding an approval and if so can you bring it to the meeting on Monday? Thanks ever so much for any light you may be able to provide on this particular statement . N ancy N ancy J . Loncto Associate Director for Administration Southeast Asia Program Cornell University 180 Uris Hall Ithaca , NY 14853 P hone ( 607) 255 -8902 Fax (607 ) 254 -5000 httRINAvw.einaudiicornell . edu/southeastasiat This email and any attached files are confidential and intended solely for the intended recipient(s) . If you are not the named recipient you should not read, distribute, copy or alter this email UNLESS otherwise noted . 2/2212008 Page 1 of 1 Tolcodes From : "Lorraine Moynihan Schmitt" <Ischmitt@thalerandthaler . com> To : " 'Supervisor, A. Scott Pinney" <asp243@twcny. rr. com > ; "Guy Krogh " <gkrogh@thalerandthaler . com> Cc : "Tolcodes" <tolcodes@twcny .rr. com> ; "' Lin Davidson" <nldl@cornell . edu > ; "'Gregg Frank Travis"' <gftl @comell . edu> ; " Richard Platt" <DPLATT3@twcny . rr . com> ; " Nancy Loncto' ' <njs6@IS . Cornell . edu> Sent: Thursday, February 21 , 2008 11 : 16 AM Attach : Georrgianne Carney - re G & L Trucking . pdf Subject : FW : Complaint - PB & ZBA Boards Scott : Please see attached and advise if the Town Board would like a recommendation from the Planning Board and/or ZBA on this issue . The Complainant is planning on appearing at the Planning Board Work Session this Monday , February 25th. It seems that this issue will ultimately be before the Town Board in the form of a petition for a Noise Ordinance and/or for a provision addressing traffic/noise from trucking in the upcoming revised Zoning Ordinance/ Land Use Local Law . . . —Lorraine From : Tolcodes [maiito : tolcodes@twcny . rr.com] Sent: Tuesday, February 19, 2008 1 : 51 PM To : Darby Kiley ; Lorraine Moynihan Schmitt; Viola Miller; Thomas Ellis ; Richard Platt; njs6ais. cornell .edu ; Matthew Besemer; Lin Davidson ; Larry Zuidema ; Larry Sharpsteen ; Dan Konowalow; Dittman, David ; Gregg Travis, ZBA Chairman ; Henry ( Hurf) Sheldon ; Linda . Hirvonen; Ronald Bricker Cc: Marty Christopher; Bud Shattuck; Connie Wilcox, Deputy Supervisor; Supervisor, A . Scott Pinney Subject: Complaint - PB & ZBA Boards -Members- This will be on the PB Agenda for further discussion at the next scheduled Meeting . If you would like a hard copy , please let me know. • Thank you , • . Rachel 2/22/2008 Page 1 of 1 Tolcodes From : " Nancy Loncto" <njs6@IS . Cornell . edu > To : "Tolcodes" <tolcodes@twcny . rr . com > Cc : "Matt Besemer" <matt . besemer@hotmail . com> ; "Lin Davidson " < nld1 @cornell . edu > Sent: Thursday , February 21 , 2008 10 : 59 AM Subject : RE : PB Volunteer Needed Dear Rachel , I am sorry but it is extremely likely that I will be in Stow, Ohio with Katie . I would like to make a motion on Monday night to have Ruth Hopkins join the PB as an alternate. Perhaps we could ask her to attend ? ( I forgot this for the agenda . - can you make copies of her application and verify that she is the only applicant. ) Matt and Lin , any comments here? Nancy • From : Tolcodes [mailto : tolcodes@twcny . rr. com ] Sent: Thursday, February 21, 2008 11 : 00 AM To : Thomas Ellis; Nancy Loncto; Lin Davidson ; cornell . edu , Iwz1 ; Larry Sharpsteen Cc : Supervisor, A. Scott Pinney ; Richard Platt; Matthew Besemer; Lorraine Moynihan Schmitt Subject : PB Volunteer Needed -Members - The Town is looking for a Planning Board Member to represent the Town and attend this Farmland Protection Planning Grant Program Workshop . Larry Zuidema has a prior committment and is unable to attend . Please let me know ASAP and I would be glad to pre-register you . , Thank you , Rachel This email and any attached tiles arc confidential and intended solely for the intended recipient(s) . If you are not the named recipient you should not read , distribute, copy or alter this email UNLESS otherwise noted . • . . . . 2/22/2008 Page 1 of • Tolcodes From : "Nancy Londe" cnjsdtIS , Tornell , ndu > To ; " telcodes" <tolcodes@a twcny . rr. corn > ; " Lin Davidson" on1d11 @cornell , ado > Cc : "Lorraine MoynihanSchmitt" cIschmitt thalerandthaler.con-2 ; " Matt Fesemer" < matt. besemer is Iroh usil . com> Sent : Wednesday , February 20 , 2008 1 :44 PM - Subject : RE : 2/25/08 138 Agenda Hello Rachel, I am not sure what Lin is thinking and it not my role any longer to set the agenda But from my viewpoint and a discussion on Monday with Lin may I suggest the following — ( he is out of town until tomorrow I think ) 1 - Continue review of Subdivision Ordinance — it would be helpful for the PB members to have copies of the minutes ( e- mail ) 2 . Ask Tom Ellis to report out on his IR in relation to the Land Use Ordinance 3 . Review Dick and Darby ' s suggestions for change to same 4 . ? the Cornell property -- do we need to do anything with this or not Given the responses from Larry and Linda would you please consult with Lorraine and Matt to advise about the OF considering or not considering the Strauf complaint. { The TB may be looking to the PB to make a recommendation to it regarding the issue as outlined — if so perhaps it is important for us to consider and cornrnent- ) Nancy P I am going to try and get by later on this afternoon or tomorrow morning to drop off some copying for you to do for Lorraine — the 200 narrative. _ .... — � . From : Tolcodes. ( mailto : tolcodestwcny, rr , coma Sent : Wednesday, February 20, 2008 1. : 30 PM To : Lin Davidson - Cc: Nancy Lotto • Subject; 2/25/08 IAB Agenda Importance : High Please advised me as to what you would like on the 2/25 Agenda . • 1 - b Review TB changes re ; Land Use Ordinance 7 I would appreciate a speedy reply today , so I can get this in the mail on my way home , Thanks , Rachel 'This email and any attached tilos are confidential and intended solely for the intended recipient(s) . If you are not the named recipient you should not read , distribute, copy or alter this email UNLESS otherwise noted . • 2/20/2008 Page 1of1 Tolcodes From : "Linda Hirvonen " < lahirvonen@warrenhomes . com> To : "Tolcodes" <Tolcodes@TWCNY . rr. com > Sent : Wednesday , February 20 , 2008 11 : 58 AM Subject : Fw : Complaint - PB & ZBA Boards Rachel , et al , I agree with Larry one hundred per cent . Linda Original Message From : "Larry C Sharpsteen " <larbeano . com > To : < tolcodes@twcny . rr . com > Cc : <darbyk@twcny . rr. com> ; <LSchmitt.®thalerandthaler. com> ; <Robert- S -IVliller a Verizon . Net>; <TMEI.1is498craol . com>; < DPLATT3 ®twcny . rr. com>; <njs6@is . corncll . edu>; <Matt.Besemcr@hotmail . com> ; <nld l@cornell . edu>; <Iwzl@cornell . edu>; <Larbear tr Juno . com>; <dkonowalow@twcny . rr . com>; <dadl9,,l.sha. cornel.1. edu>; <Gf]Ti acornell .edu> ; <hurf@graphics . cornell . edu>; <LAHirvonen@Warrenhomes . com> ; <crab4@cornell , edu> ; <brownsnolfan ; hotrnail . com >; <bshattuck@tompki.ns -co . org> ; > Wilcoxc@hotmail . com>; <asp2430 tweny . rr. conn> Sent : Tuesday, February 19 , 2008 4 : 17 PM Subject : Re : Complaint - PB & ZBA Boards > Rachel , et al : > I don' t even want to discuss it . It is not within our purview . This is an > allowable use . Any complaints should go to either the health dept. or die > town board . My last word was that the DEC has been monitoring the salt > vis-a-vis the ground water. Wells up here have a high salt content > anyway . My well was salty long before Glen Strauf was born . > This is a first step . Next, no fanning before l OAM and after 3PM , no lawn > mowing , snowmobiles, etc . > Larry r A ‘C- c A 0 P/ CialeLS • 2A A .•I / latz6L) „2/0. / dd 2s f 2/20/2008 Page 1 a l Tolcodes From : " Nancy Loncto" < njs6@I . Oornell , edu > To : "Tolcodes ' ctolcodes twony . rr-com > Sent: Tuesday , February 19 , 2008 8 :41 AM Subject: RE ; Upcoming Workshop Rachel , have registered to attend if I am not in Ohio with Katie . I will let you know if I actually make it — hope to as it is what the TB is looking to accomplish . Nancy From : Talcodes jmailto : tolcodesa©twcny . rr. com ] Sent: Tuesday, February 19, 2008 8 : 11 AM To: Viola Miller; Thomas Ellis; Ronald Bricker; Nancy Loncta ; Linda Hirvonen ; Lin Davidson ; cornell .edu, Iwz1 ; Larry Sharpsteen ; Henry ( Hurl) Sheldon ; Gregg Travis, SBA Chairman ; Dittman , David; Dan Konowalow Cc: Supervisor, A . Scott Pinney; Richard Platt; Matthew Besemer; Marty Christopher; Lorraine Moynihan Schmitt; Darby IC /Sy; Connie Wilcox, Deputy Super,risor; Bud Shattuck Subject: Upcoming Workshop FYI - - . . This email and any attached files arc confidential and intended solely for the intended recipient(s) . [ f: you are not the named recipient you should not read , distribute , copy or alter this email UNLESS othenvise noted . 2/20/2008 Pa2e 1 of l Toicodes From : " Larry C Sharpsteen" <larbe.ar(c juno , com > To : <tolcodes1IItwcny . rr. com > Sent : Tuesday, February t9 , 2408 4 : 14 PM Subject: Re: Complaint - Pe & CRC Boards 1 don 't oven want to discuss it. It Is not within our purview _ This is an allowable use. Any complaints should go to either the health dept. or the town board _ My last word was that the .DEC has been monitoring the salt vis -a-vis the ground water. Wells up here have a high salt content anyway, My well, was salty long before Mon Strati was born , - 2/20/2008 Page 1 of l Tolcodes From : "Larry C Sharpsteen " <Iarbear@juno . com > To : <tolcodes@twcny. rr . com> Cc : <darbyk@twcny . rr. com> ; <LSchmitt@thalerandthaler.com> ; < Robert-S-Miller@Verizon . Net> ; <TMEIIis498@aol .com > ; < DPLATT3@twcny. rr . com > ; <njs6@is .cornell . edu > ; < Matt. Besemer@hotmail .com > ; < nldl@cornell .edu > : < Iwzl@cornell .edu > ; < Larbear@Juno . com> ; <dkonowalow@twcny . rr. com> ; <dad 19@sha . cornell . edu > ; < GFT1@cornell . edu > ; < hurf@graphics .cornell .edu > ; < LAHirvonen@Warrenhomes .com > ; < rab4@cornell .edu > ; <brownsnoltan@hotmail .com > ; <bshattuck@tompkins-co .org > ; <Wilcoxc@hotmail . com > ; <asp243@twcny . rr. com > Sent: Tuesday, February 19 , 2008 4 : 17 PM Subject Re: Complaint - PB & ZBA Boards Rachel , et al : I. don't even want to discuss it . It is not within our purview . This is an allowable use . Any complaints should go to either the health dept . or the town board . My last word was that the DEC has been monitoring the salt vis -a-vis the ground water. Wells up here have a high salt content anyway . My well was salty long before Glen Strauf was born . This is a first step . Next, no farming before LOAM and after 3PM , no lawn mowing, snowmobiles , etc . Larry • 2/20/2008 Pagel of 1 Tolcodes From : " Nancy Loncto" < njs6@IS . Cornell . edu > To : "Tolcodes" <tolcodes@twcny . rr.com> Sent : Tuesday, February 19 , 2008 8 :41 AM Subject: RE : Upcoming Workshop Rachel , I have registered to attend if I am not in Ohio with Katie. I will let you know if I actually make it — hope to as it is what the TB is looking to accomplish . Nancy From : Tolcodes [ mailto : tolcodes@twcny . rr . comj Sent: Tuesday, February 19, 2008 8 : 11 AM To: Viola Miller; Thomas Ellis ; Ronald Bricker; Nancy Loncto ; Linda Hirvonen ; Lin Davidson ; corneltedu, Iwz1 ; Larry Sharpsteen ; Henry ( Hurt) Sheldon ; Gregg Travis, ZBA Chairman ; Dittman, David ; Dan Konowalow Cc : Supervisor, A. Scott Pinney; Richard Platt; Matthew Besemer; Marty Christopher; Lorraine Moynihan Schmitt; Darby Kiley; Connie Wilcox, Deputy Supervisor; Bud Shattuck Subject: Upcoming Workshop FYI . . . . This email and any attached files are confidential and intended solely for the intended recipient(s) . If you are not the named recipient you should not read , distribute , copy or alter this email UNLESS otherwise noted . 2/ 19/2008 Pagel ofl Tolcodes From : " Darby Kiley" <darbyk@twcny .rr.com > To : " Nancy Loncto" < njs6@is .cornell . edu> ; " Lin Davidson " <nldl @cornell . edu > ; "Larry zuidema" <Iwzl@cornell .edu > ; <tmellis498@aol . com> ; <larbear@juno .com> ; < Robert-S- Miller@verizon .net> ; "'Gregg F , Travis"' <gftl @cornell , edu > ; <hurf@graphics . cornell .edu > ; "Dan Konowalow" <dkonowalow@twcny . rr.com> ; <dad19@sha . cornell . edu> ; "Linda Hirvonen " <lahirvonen@warrenhomes . com> ; " Bud Shattuck" < bshattuck@tompkins-co .org> Cc : " Rachel " <tolcodes@twcny . rr.com > ; " Lorraine Moynihan Schmitt" < Ischmitt@thalerandthaler . com> Sent Thursday , February 14 , 2008 8 : 33 AM Subject : update , Subdiv public hearing Planning Board and ZBA members , I wanted to let you know that I will be starting a new job with the Town of Ithaca , and next week will be my last week in Lansing . However , Ill continue to be concerned about the direction of the land use and subdivision issues . Last night at the Town Board meeting , there was a public hearing on the Subdivision Rules and Regs . There were not any public comments and the public hearing was not closed ( and will continue into March ) . Supervisor Pinneycommented on the work that the PlanningBoard accomplished at the past 2 meetings . He also added his p opinion that he wants to see that no town approval is necessary for subdividing one acre with 150 feet of road frontage for up to 4 parcels . I can't emphasize enough how important it is that you review and make decisions on the Subdivision Rules and Regs AND read the final version before it is approved by the Town Board . Darby Darby K . Kiley Environmental Planner Town of Lansing 29 Auburn Road PO Box 186 Lansing , NY 14882 Office Phone : 607-533-7054 Fax : 607 -533 -3507 • Email : darbyk@twcny . rr.com • Website : www. lansingtown, com 2/ 14/2008 Village of Lansing Planning Board Meeting Tuesday, January 29, 2008 at 7 : 30pm The Village Office 2405 North Triphammer Rd . AGENDA 7 : 30 Call to Order Public Comment In -Service Training : David Fernandez, Cayuga Landscape - Reading and Evaluating Landscape Pans (Please bring your copy of the revised landscape plan for Colonial Vet) Goals 2008 CMA, 16 :Brentwood Drive - Update Approval of Minutes — January 14 Reports Trustees — Hickey Other Business as Time Permits 10 : 00 Adjourn * Please bring material previously distributed • Page 1 oil Tolcodes From : "Tolcodes" <tolcodes@twcny. rr . com> To : " Larry Sharpsteen" <Larbear@Juno . com> ; "Larry Zuidema " < Iwz1 @cornell . edu > ; "Lin Davidson" <nldl @comell . edu> ; "Matthew Besemer" < Matt . Besemer@hotmail . com> ; < njs6@is . cornell . edu > : " Richard Platt" < DPLATT3@TWCNY . RR . COM > ; "Thomas Ellis" <TMEllis498@aol . com> ; "Viola Miller" < Robert-S-Miller@Verizon . Net> ; "Lorraine Moynihan Schmitt" <LSchmitt@thalerandthaler. com > ; " Darby Kiley" <darbyk@twcny . rr. com > Sent: Monday , January 14 , 2008 12 : 40 PM Attach : Feb . 08 Workshop . pdf Subject: Upcoming Workshop FYI • 1 /24/2008 luavauxi List of improvements to process - TOL 1 . The Site Plan Review lists and all other applicable Zists be u sed always reeardfess of seemed simplicity of anything to be reviewed - it is a means by which we can demonstrate that we have considered whet ' we are responsible for and tract reasons for decisions - easy reference from which more professional ✓ esolutions /motions can be developed 2 . That the Site Plan Review list be amended to include the fact that the PB having been given and considered a request for w aiver has chosen to waive a criteria of site plan review and its reasons for same 3 . That aft materials for review at a meeting are provided to all members of the ; B 72 hours in advance of each meeting and it ' s lawyer at least 94 hour hours ( that being the Thuxs ( at 5 : 00 pm prior to the Monday meeting ) in advance of all meetings 9 . That all references to TOL Subdivision or Zoning Ordinance applicable to each item to be considered be referenced he parentheses on the PB members ( not the general public ) agenda . That this agenda be reviewed by the lawyer to ensure that all items needing to be considered will be considered . ( e . g . the case oh hlotal Phoenix and the applicable town law situation ) . 5 . That all applicable materials ( hard copy or e - copy on desk top computer to be shown on screen ) to any item being considered on the agenda be present ati the beginning of each meetinc ( e • g . UNA map , C E file ) 6 . The chair will be provided with a gavel for each meeting . 7 . 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X T Qii ^ - 1 r t r o o X X 0 X H to x x o x al , Q - t- - -r - , - - - I - —i- - --r- 1 " , II x X a a o x '.x x x ' X x1 t4 o d I c I I -+ T - - 4 11 .} i r N N0 01 041 ellIb n N 1 1 I II I I I • I December 2007 The Town of Lansing is currently accepting applications for a vacancy on the Planning Board as an Alternate Member. The primary responsibilities include the recommendation of town planning policies and development, as well as advising the Town Board , staff, or other municipal bodies on matters affecting community development. Further information , along with the application, is available from the Town of Lansing Planning Department, 29 Auburn Road, Lansing NY 14882 , or by contacting Rachel Jacobsen at (607) 533 - 7054 . Applicants must be a Town of Lansing resident. Page 1of1 Tolcodes From : "Tolcodes" <tolcodes@twcny . rr. com > To : " Lyle Wadell" < Ihw1@cornell . edu > Sent Tuesday , December 11 , 2007 9 : 15 AM Attach : Planning Bd Vacancy Alternate . doc Subject: PB Vacancy Lyle, Can you please post this to our Web site (Front Page before the History of Lansing ) for a short while . Thank you . Rachel 12/ 11 /2007 Page 1of1 Tolcodes From : "Tolcodes" < tolcodes@twcny . rr.com > To : "Larry Sharpsteen" < Larbear@Juno . com> ; "Larry Zuidema" <Iwz1@cornell . edu > ; " Lin Davidson" <nldl @cornell .edu> ; "Matthew Besemer, TB Liaison" <Matt . Besemer@hotmail . com> ; <njs6@is .cornell . edu > ; " Richard Platt" < DPLATT3@TWCNY . RR . COM > ; "Thomas Ellis" <TMEIlis498@aol . com> ; "Viola Miller" <Robert-S-Miller@Verizon . Net> ; " Lorraine Moynihan Schmitt ' <LSchmitt@thalerandthaler.com > ; " Darby Kiley" <darbyk@twcny . rr . com> Sent Tuesday, December 11 , 2007 9 :02 AM Subject : Town Web Site- ALL Minutes —Planning Board Members — Just so you know , our Web Site has been up and running since 2002 with all minutes available as soon as possible and within the required time limits . Agendas are there too . For further reference , please bookmark this link . http://www . lansingtown . co_miagenmin . htrn1 Thank you , Rachel 12/ 11 /2007 Page 1 of 1 Tolcodes From : "Lin Davidson" <nldl @cornell .edu > To : "Tolcodes" <tolcodes@twcny . rr.com > Cc : <njs6@cornell . edu > ; <bese14@twcny. rr. com> Sent : Monday , November 26 , 2007 9 : 26 AM Subject : List for review Greetings . Over the long weekend I got late notice of a Farm Bureau resolutions meeting in Montour tonight . This is the basis of our NM state and national legislative agenda for 2008 . Tom is able to chair the PB meeting . The agenda from my side would be the list plus Larry' s stuff and Tom's comments , Report For elections and Darby' s grant . Best ,Lin Please call if I can help . 607 227 3015 " - I 'm not trying to find out answers anymore, I ' m trying to live what I already know" Phil Jackson 11 /2612007 Page 1of1 c Tolcodes From : "Tolcodes" <tolcodes@twcny . rr.com> To : "Dan Konowalow" <dkonowalow@twcny . rr. com > ; " Dittman , David" <dad19@sha .cornell .edu> ; "Gregg Travis , ZBA Chairman" <GFT1@cornell . edu> ; " Henry ( Hurl) Sheldon " < hurf@graphics . cornell . edu > ; tarry Sharpsteen" <Larbear@Juno. com> ; "Larry Zuidema" <Iwz1@cornell . edu> ; "Lin Davidson " <nldl@cornell . edu > ; " Linda Hirvonen " <LAHirvonen@Warrenhomes . com> ; <njs6@is .cornell . edu > ; "Thomas Ellis" <TMEIlis498@aol . com> ; "Viola Miller" <Robert-S-Miller@Verizon . Net> Cc : "Steve Farkas" <tlansupv@twcny . rr.com > ; " Bud Shattuck, TB Liaison" < bshattuck@tompkins- co .org > ; "Connie Wilcox" <Wilcoxc@hotmail . com > ; " Marty Christopher" < brownsnolfan@hotmail . com> ; "Matthew Besemer , TB Liaison" <Matt . Besemer@hotmail . com> Sent : Monday, November 19 , 2007 11 :47 AM Attach : Feb . 28th Saratoga -Growing NY Farms . pdf Subject : 2008 Workshop 1Mark , aIendars0 — i✓tA.0 VI-0j LiS 11 IR ( 01 13 ' • • , • • 11 / 19/2007 , ?4" ` � , N. ' . • i 'Al '`. a a .} tom. ' o • far f Col. a + a • '` 1* • . � ' • 4 r - .. . i is % .. 04 ... , ... # ...- - . ..... A A row• Jn . .„ t. . . 4*a _ 4 • • • dt• ' � • OLP 1 n tIt3, 1 C�en�t -f . F y` •. `• T� P r EgMU ?! 2.008 MOUroQrBKKoSA ° AU0GAZ[PIR117OZ r. � T : * _ _ .ap._ 4.,,,111-%* 4 -- 07 ) 1 II res6 /IT V a" Irlit I . Vii ' . tf ; `1•1611P• kik 41•Sierli- 0.11.n.a. O. •A. Oft., V.w C. • i Is . s '.- , 4-,..b.1.)- ... '. '411, #1 ' -- ill a..". I * • sit 1 Growing New York Farms Save the Date ! .. ' . - - . . • in the 21 S' CenturyThursday,. •February 28 , 2008 . Holiday Inn, Saratoga Springs, New York A conference to highlight ways that public and private nmeriean Fa • imland Trust , Hit b •.%,...,10 ( 112 Spring Srrcet SitC "/"` partners at the local level can bolster New York 's agricultural sarasogaSprings NYu12866207 economy and protect the land upon which farmers depend . K' iA •> i_; Conference themes will include: �' •r ' Developing Economic Opportunities for Agriculture o < C Protecting Farmland • Local Planning for Agriculture _ For: Farmers and Landowners, Town and County Officials, Manning and Zoning Boards, Economic Development Agencies, Planners, Extension Educators, Slate Town of Lansing and Federal Agencies, Land Trusts, and other interested in New York agriculture. Darby tilt) Fox 186 \ \ \ \ C k Watch for more information in December 2007! Lansing NY 14882 American Farmland Trust • i For more intonation, contact Diane Held at dheld@farmland.org or 716/652-0100. www.farmland.org /programs/states/ny/NewYork2.asp ! EC Dy c c nrim: fm rk#):ileNrn ihri?I -� 0 /'9 az_ i , , , ll , i . � ll , ii , i „ i „ , l , ! Ii , , , , , • 11111 „ I ^ ply„ „ 11 11 11111 cfpft rcr ./ . - z An', r I . Si..„.• - - �- - sir CX-9676-1"--11-4'7 - - i J r P _ � 01111m•ir WOFir I ` - 1 li 01 H L tl A 111 Welcome to the Division of Local Government Pogo I of 3 .66b m 1 . finis 'WM< STAN DOS I Corporations I Licensing I Local Government Fire Prevention & Control Committees and Commissions Division of Local Government Annual Training for Planning Board and Zoning Board of Appeals Members Planning board and zoning board of appeals members make decisions of major importance to their communities and to ell New Yorkers, These decisions can affect the function and appearance of Communities for decades to Gonne while impacting property interests important to individual NOW morkers , Until now, such decisions were mostly made by appointed officials whose only legally required qualifications For office were to be at least 18 years old , United Stales citizens, and residents of the municipality- While some municipalities have adopted mandatory training requirements and ornoy planning end zoning officials voluntarily receive training , en amendment to state law now requires planning and zoning board of appeals members to obtain four hours of training a year. Chapter 662 takes effect January 1 2007 . The new statute requires members of planning boards., zoning boards of appeals, and county planning boards to receive a minimum number of hours of training a year. The following information borrows liberally from a fact sheet explaining the new law which has been published by the Legislative Commission on Rural Resources in cooperation with the Department of Stake , the New York Planning Federation, the Association of To'aee , the New York State Conference of Mayors and meitinfpel Officials, the New York State Builders Association and the New York Farm Bureau . This erliole will repeat some of the information in that pamphlet, as well as address additional questions being asked about the new law . What door the new law de? The new law promotes a minimum training standard of four hours of training per year for each planning board and zoning board member throughout the state, while allowing mUnlnipelities a wide latitude in defining what training is acceptable. Who must receive training ? TOW , village and City zoning board of appeals and planning board members , as well as county planning board members must receive training. Peopte who are appointed as alternates to the board must also receive training . County planning board members in charier counties are also subject to the law if they em appointed by the county governing body, County staff Thal is acting as the "courtly planning agency" are not included in This taw . Wasn't training already required for planning and zoning board members ? Oghether or not to require training of planning board and zoning board of appeals members was the option of each municipality. If a muninipelity chose not to adopt a local training requirement, no training was required . Under the new statute , training is required whether or net the municipal governing board takes action- Municipalities that bene already adopted training laws should modify them to make SU re they me el , ala minimum , the requirements of the new State law. turhether or not such laws ere Modified , the state requirements will apply . Are therm any exceptions built Into the new law? Tee , the law exempts a municipality with a population of one million or more , Also , training requirements do not currently apply in members of planning Commissions that were Formed pursuant to General Municipal Law X234 . Can a municipality "opt out" of the training requirements ? The law allows the inuninlpal governing board to waive or modify the training requirement if they feel it is in the best interest of the municipality to do so, The waiver or modification is accomplished by the adoption of a resoluitee . The resolution could waive training for all board members, and appears that It could be aced to waive the requirements for individual board members . For example, a waiver may be appropriate in the case of a member who has extensive experience or professional qualifications. Another member may have e medical emergency that prevents them from attending a trainieg session for which they ware preregistered. However, before choosing lo opt out, governing boards should consider allowing the requirements to be mei by Self-study, such ee on-line training provided by the New York Municipal lnsurance Reciprocal (NYMIR), or allowing planning and zoning board members to 'Latch up" with deficiencies in a prior year by attending additional classes in the future. Governing board members should also remember that even experienced members can benefit from attending Case law sessions or Sessions dealieg with new zoning techniques. Must all the training be conducted in classroom setting ? Traditional classroom-style training is lust one method of training available, Training could also include distance learning , videos. on-site demonstrations, or even self study , Who determines what kind of training a board member must receive ? The governing body of each town , village , city or County determines what Courses, training providers , and training formats are acceptable , Acceptable training can even cemy for individual board members, Must training be from a State-certified provider? No. The state has 00 plans to certify littp ://www, doe . stateinp, usilgssinnandatorytraining . htm 812272007 Welcome to the Division ofLocal Government Gage 2 of 3 `F providers or training programs , However, governing boards are encouraged to pass resolutions approving training from trusted providers, Such en Their municipal attorney; a regional planning council ; a county planning office or county planning federation ; a slate agency ; a state association like the Association of Towns , Conference of Mayors , Association of Counties , or stew York Planning Federation; and a college or similar entity , What topics are required? The law leaves the selection of lupine up to the gore or iac board , It is hard to anticipate what cmnrsea will be available at conferences and in county or regional training events , It is also hard to know what special courses may be timely for the boards to attend. For that reason , governing boards may tyrant to leave the list of topics general at this time and revisit the issue in a fear years if it finds that the members are not Choosing relevant courses , What if a person gets excess training in a particular year? Training receive in excess of four hours in any one year may ha carried Over into succeeding years. However, the Statute does not say a year must be a calendar year. While a Calendar year makes sense for town planning and zoning board members , mornbers of county, city and village boards may want to have the "training year" corres0ond with the municipality's "offal year, " What if the municipality wants board members to receive more than four hours of training per year? The municipality can adopt a requirement that exceeds the elate requirements . The municipality could also require a board member who serves on more than one planning or zoning board to receive mare than four hours of training per year, The statute arguably allows the four hours received to count for both positions, though the legislation is not clear an this point. Who keeps track of the amount Of training each members gets ? The law 1s silent on this question . Municipalities may rnsnt to require hoard members la submit to the municipal Clerk the attendance slips for each course they attend , or they may require board members to file annual statements of carnpliance, i5 one hour of training credit equal to 60 minutes of Instruction ? This type of question is normally addressed in State regulations adopted to implement a law requiting training- However, the statutes did not give any state agency the task of adopting regulations relating to the mandatary training requirements , In the case of continuing legal education for attorneys, the regulations implementing the training requirement state, "One (i ) deur of continuing legal education credit shall consist of at least 50 minutes of instruction , exclusive of introductory remarks, i000ls , breaks , or other noneducational activities . ' What happens If a board member doesn 't meet the minimum training requirement? Under Ma new state law, the board member would not be eligible for reappointment to the beard . Municipal governing boards can also adopt a rule that provides for removal of members , prior to the expiration of their terms , for failure to meet local inaieing requirements, Mile this might be considered a "modification" which nen be accomplished by resolution, the removal provisions in the planning and zoning board statutes Indicate that such provisions must be established by local law or ordinance , Oemor^al of a member from office should be preceded by a written notification of non -Compliance and an offer of a hearing . Are we in trouble if a dissatisfied applicant or unhappy neighbor wants the board 's decision thrown out because a board member didn' t get training ? No . The new statute states that no decision of a zoning board of appeals or planning board shall be vaidad or declared invalid because of a tel to comply with training or attendance requirements. What should local governments do in the next few months to comply with the law? White local governments do not have to take affirmative action, local planning and zoning board of appeals members will be well-served it the governing board decides who the board members may receive training from , what courses (if any) are required , and how the training hours will be tracked , Where can we get training? Training is available from numerous sources. In addition to ping a training provider, the Department of State provides links to many Other providers from its website at hilp:lfwww-dos . state, ny.usrigssrtraining.htm . DOS provides training on a county, tegional or statewide basis , We encourage municipal officials to work with their co wily planning departments or regional planning councils to arrange for training that can benefit planning and zoning officials from a large number of municipalities, The contact person for land use training at the Department of State Is Lori teithoff, AIBP- She Can be reached at (518 )473 -3355 or L h ei thofd os, s tate. ny-u 5 , litcp ://www. clos . statany. usagssirnandatorytraining.litm 8/22/2007 Welcome to the Division of Local Government Page 3 of 3 - . • , i • Search DOS Website • Go ! • _ X - 1 X • 7. I. r.,14444:1 r • * ;::•: ! • l •t • • " :. ! • ' 1 r f e •.- F . • Localgov@dos.state.ny. us Division of Local Government Homepage About the Division of Local Government Contact the Division of Local Government• . . What's New Training for Local Officials Publications and Forms Links of Interest to Local Governments Technical Assistance in the New York City Watershed Appalachian Regional Commission Shared Municipal Services Incentive Grant Program Quality Communities Clearinghouse Website About the DOS I Return to DOS Homepage I DOS Accessibility Statement I DOS Privacy Statement I Contact Us 02 0 0 4 Department of State • • • http ://www. dos . state.ny. us/lgssimandatorytraining . hti-n 8/22/2007 Tame .1. of 2 • Tolcodes From : "Guy Krogh " <gkrogh ilrnInrendthaler-corn > To : "Tolcades" <tolcodes@twcny . rr-com > On : " Larraine Moynihan Schmitt" cL chmitt thalerandthaler, com> ; "Steve Farkas " < s uiervisorla n s i nglon .com n Sent : Monday , October 15 , 2007 11 : 33 AM Subject : Re : OB-13A Training Requirements Thanks ! The law allows ( or allowed, I ' d have to dig back into this issue when warranted) a municipality to opt out of the training requirement, Lansing did not opt out. However, neither did Lansing increase the requirements (as once proposed) or address these requirements in any formal fashion - opting instead to let State law govern . Whoever is on the :TB or ' hA as of January 1 , 2008 that did not meet the training requirements should be removed as they are disqualified by law from holding such office ( though the law references • " re -appointment" so there is room for debate here) . 1y guess is that most municipalities will not follow the law as recruitment can be difficult. That does not make the path of least resistance the correct or legal path . I just do not think there will be any enforcement that will dissuade those that ignore the law . Thus, you properly pose the question - what now ? As I see it, the Town of Lansing should/ will (2) send notices and demand compliance, or (2) seek snrwaval for those that do not comply with the training requirements , on ( ) adopt a local law or resolution to address or confirm these requirements . Thos, I ' ll hold until. directed to proceed in spine direction. As you note, 1 have copied others as this is an important issue that has been quietly sleeping for 10 months Guy X.. Krogh, Esq . 'Thaler H Thaler 3001 Forth Tioga Street . 1 . Box 266 Ithaca, New dark 14851. -0266 Telephone : (607 ) 222 -2314 Facsimile : (607) 272- 8466 w Fov, thalerandthalenconr Confidentiality Notice : The information contained in this email message may be legally privileged and contain confidential information , and is intended holy for the use [Attie individual or entity to who 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 . II you have received this email in error, please immediately notify us by telephone ( 07-277 - 73I4) , by fax (607-202 - 8466) , or by return email , delete this message, and destroy any copies of print-outs of this message. Thank you . In accordance with .Internal Revenue Service Circular 230, we inform you that any discussion of a federal tai; issue contained in this communication (including any attachments) is not intended or written 10/ 15/2007 Sege 2 old to be used , and it cannot be used , by any recipient for the purpose o f ( i ) avoiding penalties that may be imposed on the recipient under United States federal tax laws , or ( ii) promoting , 'marketing or recomrnmending to another party any tax -related 'matters addressed herein . 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 ° illegal services or the establishment or confirmation of an attorney-client relationship - Original Message From ; Tolcodes Pm Cuy Krogh Sent : Monday , October 15 , 2007 10 : 15 AM Subject: 128-PBA Training Requirements Guy, bee attached . I'm in no big hurry on this . Just getting a jump start on items for the nem year. Thanksso much . • 1 fdt 5/2007 ,v 10/ 15/07 Guy, With the new requirements for Planning and Zoning Boards Members now underway, I thought it would be a good idea to update our records for the 2008 year. Seeing this Resolution will come from the Town Board, I was unsure as to how to channel this request, so I ' ll begin with you ! Below you will find a Resolution dated 3 / 14/98 that looks like it could use numerous changes. I ' ve taken some excerpts from the State web site that we may want to take into consideration . If I can be of further assistance, just let me know. —Rachel— Ideas/Suggestions/Requests for the upcoming 2008 Planning/Zoning Year Excerpts from: www.dos .state .nv. us/lgss.mandatorytraininq .htm Wasn't training already required for planning and zoning board members? Whether or not to require training of planning board and zoning board of appeals members was the option of each municipality. If a municipality chose not to adopt a local training requirement, no training was required . Under the new statute , training is required whether or not the municipal governing board takes action . Municipalities that have already adopted training laws should modify them to make sure they meet, at a minimum , the requirements of the new state law. Whether or not such laws are modified , the state requirements will apply. o Previous Resolution . 3/14/98 l2At4i :_tn was hold conCerni eh attu>is`. 11= 4: of fii:b: i� fv fsia1 0'2 ti Fa P 1a an , r g Soar and the =II Zos , It waB the conzr bavo at the Town Roard , c mandato t: z t, ; _.o salftina a and attendance . Thp following renolu ; ion Wn n the:` adopted : RESOLUTION . c fferrac . Nr , Cleveland and Get nded by Mr+ Fietk r tan . rasp thc Planning Board and the 7` nn ... c, Sicard b AppF`ai - for the Town of Lancing er Eroise important tant go ,; rn nt; Lguncr�' Lonc that have impacts Or. re0foenta r including proTrarty owners within rt the `., C14f , and _ REAL , the atL t ,LUeo . rukc< r nd re lations , court :cisi© n am p oc.edurea3 tt = en by the 21annins Ecard and Solaria of ?oUinp Ap e is changes regu-la ly quch that a continuing program off ecilcion is req-dired to properly , isci z:,rgc tL.r3 ; unctions cf these Town cf fives , and t S . the T0wr Board of the Total ol Lancing hao re4e vati a p!f-oposa l to inc a. - a "4v" di"-. an at< tenda35or' rc. gZa y, r4zmt,`:6 and e6 C:43gI`''- .b."' 4,l iflu Fbilus aLic'n i : ret J. °:iremc'ar for m.e' ,he =_ahgp rbe Plannina Soc4rd and Board of: Zoning +.tpealni wMfla-R . the Town EAG rd of the Town ot Ta? ncing Ima. 2 a nside7'mra the prclpos l '. and ui `31 ec. t_ e :or the attendance re u::. rQ enc' and conte 'I r: ; oatic'at onai rc 72. '. rQmnnt or emb rn 'it on the Plouming 8oLrd and Board o ± Zocinj s_ve lrs ae a polity of the Towyn 0f LE.i, r11: ' , tarefo e ,. it i'ty � b%;1 - aaa '� Lee Town Board of the Tcs.vL lannin9 ariop ". Cs .,_�a a :tendence vol i„--a. = r cLL_ i. ri_ng that a boatel, member not iniscL more that three regular meetings in a row or thirty percent of the regular mcctinge;= c Sn a year without the excuse of the chairper n t ot Pte- -rimy a a. y T a endarice at _ a m n1- b over& , as a condition of continued membership on the planning Board and aeard of zoning Appeals as a policy of the Town of Lansing . Vose of Town Board ( Aye } Herbert Beckwith , Councilman Vote of Town Board r . . ( Aye ) Jeffrey Cleveland , Councilman oft o ' omoi- ' h3Pi' . . . . { A4ye ) J ' i1Aa . , c Frbtl SteeliS4}r Who determines what kind of training a board member must receive? The governing body of each town, village , city or county determines what courses , training providers , and training formats are acceptable _ Acceptable training can even vary for individual board members. Must training be from a state-certified provider? No . T11e state has no plans to certify providers or training programs . However, governing boards are encouraged to pass resolutions approving training from trusted providers, such as their municipal attorney; a regional planning council; a county planning office or county planning federation ; a state agency; a state association Like the Association of Towns, Conference of Mayors , Association of Counties, or New York Planning Federation ; and a college or similar entity. What if a person gets excess training in a particular year? Training receive in excess of four hours in any one year may be carried over into succeeding years . However, the statute does not say a year must be a calendar year. While a calendar year makes sense for town planning and zoning board members, members of county, city and village boards may want to have the "training year" correspond with the municipality's "official year." What if the municipality wants board members to receive more than four hours of training per year? The municipality can adopt a requirement that exceeds the state requirements. The municipality could also require a board member who serves on more than one planning or zoning board to receive more than four hours of training per year. The statute arguably allows the four hours received to count for both positions, though the legislation is not clear on this point . Increasing the required hours are not recommended by the Planning Office. ( DK , OP&RJ j What happens if a board member doesn 't meet the minimum training requirement? Under the new state law, the board member would not be eligible for reappointment to the board . Municipal governing boards can also adopt a rule that provides for removal of members, prior to the expiration of their terms, for failure to meet local training requirements. While this might be considered a "modification" which can be accomplished by resolution , the removal provisions in the planning and zoning board statutes indicate that such provisions must be established by local law or ordinance . Removal of a member from office should be preceded by a written notification of non-compliance and an offer of a hearing . In place of removing them from their position on a board, we may want to consider inserting language indicating that if requirements are not met, stipends will be withheld for that year. Page 1 of 1 Tolcodes From : "Tolcodes" <tolcodes@twcny. rr . com> To : "Nancy Loncto" < njs6@IS . Cornell .edu > Sent : Tuesday, October 09 , 2007 10 : 34 AM Subject : Re : Question Nancy , The gentlemen was : Robert J . Freeman NYS Department of State 41 State Street Albany , NY 12231 Phone : 518-474 -2518 Fax: 518 -474 - 1927 http: //www . dos . state . ny_us/coog/Right_to know . html Hope this helps . Rachel ----- Original Message From : Nancy Loncto To : Tolcodes Sent: Tuesday , October 09 , 2007 9 : 51 AM Subject : Question Dear Rachel , I attend the open meetings training session . , . . It was excellent and I would like to contact the trainer. When you have a chance could you please get me the web-site address and the trainers name and contact information ? • 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 http ://www .einaudi.comell .edu/southeastasia/ This email and any attached files are confidential and intended solely for the intended recipient (s) . If you are not the named recipient you should not read , distribute , copy or alter this email UNLESS otherwise noted . 10/9/2007 Page 1 of 1 Tolcodes From : "Nancy Loncto" <njs6@IS . Comell .edu> To : "Tolcades" <tolcodes@twcny .rr.com> Cc : "Matt Besemer" <matt. besemer@hotmail . com> ; < LSchmitt@thalerandthaler.com> Sent : Wednesday , September 26 , 2007 2 : 31 PM Attach : PB Sept 24 2007 . doc Rachel -- Per Per your request . . . . Sorry it took until now — I have been flat out making up the time I took off on Monday . Hope it helps with your work . 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 http ://www . einaudi .cornell .edu/southeastasiat This email and any attached files are confidential and intended solely for the intended recipient(s) . If you are not the named recipient you should not read, distribute, copy or alter this email UNLESS otherwise noted . 9/27/2007 Aggra 0 22adi•se..74(4 CATJA-4-H Database Contents ry4s4 -� �` Site Name and Code Site Name: The name commonly used to refer to the site, usually having local or historical recognition . The names may indicate the location, a NYS Freshwater Wetland Code, or the name of an owner, former owner, or nearby resident . It may also describe specific features of the site. Site Code : The code used in this Inventory to identify each site . Data Last Updated : The last date that changes were made to the data for a particular site. Location Municipality : The town , city, or village in which the site is located . USGS Quad : The United States Geological Survey map quadrangle name, or names, on which the site is located . Tax Parcel Numbers : The tax parcel numbers that are covered by at least a portion of a UNA . If a UNA covered less than 0 .025 ac. of a tax parcel , the parcel will be omitted from the list. Site and Vegetation Description Site & Vegetation Description : A description of the important plant and animal communities, geological features , and water bodies that give the site its special character. Particular emphasis is placed on the extent of particular communities, the general diversity of species to be round, and the age and structure of the communities. Reasons for Selection Reasons for Selection : A listing of the major reasons why this site is considered unique. Twenty-three possible reasons are used in this section: area of geologic importance ; birding site; cultural/historic/archeological site ; designated natural areafpreserve; diverse fauna ; diverse flora ; historic botanicalfzoological site; important teaching site; old-growth forest ; paleontological site; quality example of animal community; quality example of plant community; rare/scarce animals; rare/scarce community type; rarefscarce plants ; recreational value; reports of large mammals; scenic/aesthetic value; site of local significance; state-designated wetland ; suggested by resource inventories; urban greenspace; and wilderness character. Special Land- Use Information Special Land-Use Designation: A listing of whether any of the following twenty-two designations or features are found on the site: agricultural district ; biological corridor; Cornell off-campus natural area ; county reforestry land ; critical environmental area (CEA); cultural site of local importance; Finger Lakes Land Trust preserve; historic site of local importance; multi-use existing trail ; multi-use possible trail ; national natural landmark; Nature Conservancy preserve; NY natural heritage site; NYS DEC wild , scenic, or recreational river; old-growth forest ; other, pedestrian existing trail ; pedestrian possible trail ; scenic views of local importance; state forest ; state park; and state wildlife management area . Water Resources : A listing of whether any of the following five water features are found on the site: NYS Freshwater Wetlands ; wetlands identified on the National Wetlands Inventory; NYS- protected streams ; Flood Zones; and existence of a lake, pond, or stream on the site. Although most of the data for this section in the inventory is very good , the NYS-protected streams information is the weakest portion of the water resources section . j Conservation of the Site Conservation of the Site: Includes information about why a site is unique and/or vulnerable to change. it includes information on: adjacent land-use, sensitivity of the site to visitors, evidence of disturbance to the site, threats to the site, special conservation and management needs, and any other pertinent information concerning the site ' s conservation . Physical Characteristics of the Site Size : Acreage of the site. Elevation: The lowest and highest elevations (in feet above sea level ) within the boundaries of the site. Aspect : The compass direction toward which the major slope of the site is generally facing. Slope %: The percent slope indicates the gradientmost commonly typifying the land . Topographic Position : The type of relief most commonly typifying the site, in relation to the surrounding landscape. Topographic Features : A description of the general type of topography, major features, and drainages found on the site. Geological Features: important geological features of the site, including those depicting the structure, geomorphology, stratigraphy, and paleontology of rocks from the Devonian period which underlie the County, and those illustrating the modifications made to the landscape by glaciation . Soils Present : A listing of the most extensive soil types found on the site. Information is also included about each soil ' s wetness , erodibility, and drainage characteristics. Biological Characteristics of the Site cover Type : A listing of the general types of major plant communities found covering most of the land on the site. Fourteen cover types were used in this section : agricultural field ; aquatic vegetation; marsh; old- field forest; old fields, meadows ; open water; peat bog; plantation or orchard; rock outcrops and gravel banks; upland shrub thicket; upland forest ; wetland shrub thicket ; wetland forest; and wet meadow . Ecological Communities: A listing of the types of forest, field , and wetland communities found on the site. The dominant species usually give the ecological community type its name; however, many more species are to be found associated with each ecological community type . Information is gathered about each community' s global , state, and local rarity. Plant Species : A listing of' sigmificant plant species known to be present on the site, followed by global , state, and local rarity codes for each plant species , local comments indicating the nature of the species' rareness (e . g. , rare, scarce, etc.) , and its state legal status . Animal Species : A listing of animal species known to he present on the site, followed by global and state rarity codes for each animal species, its federal and state legal status, and comments indicating the nature of the species ' rareness (e . g. , rare, scarce, Partners in Flight Species of Concern. etc .) . The Tompkins County Environmental Management Council has received a request to amend its inventory of Unique Natural Areas (UNAs) . The proposed amendment may affect property you own . The UNA Inventory documents areas in Tompkins County that have outstanding environmental qualities . The Inventory was started in 1973 and has been updated every ten years or so, most recently in 2000 . A UNA is not a regulatory designation and does not provide legal protection . However, some state agencies, county departments, and local municipalities consider the designation when making land use decisions . A brochure that explains UNAs is enclosed . Also enclosed is a copy of the proposed amendment to the UNA Inventory. The request will be discussed by the UNA Committee of the Environmental Management Council on [date, time, place] . You arc welcome to attend this meeting. This meeting is only the first step in considering the requested amendment . If the UNA Committee decides there is sufficient merit to proceed, they will conduct a thorough investigation that will include talking to affected property owners and studying the scientific basis for the amendment . Enclosed is a document that describes the amendment process in detail . The UNA Committee will keep you informed as their work progresses . If you have any questions , please contact me at [ contact info : email, phone, and/or address] . Chair, UNA Committee Tompkins County Environmental Management Council l y� RECOMMENDED DRAFT UNIQUE NATURAL AREAS INVENTORY AMENDMENT PROCESS Requests for Amendments Any person or organization can request in writing that the Environmental Management Council ( EMC) amend the Tompkins County Unique Natural Areas Inventory. Requested amendments could include: the deletion of an existing UNA from the Inventory, the addition of a new UNA to the Inventory, or a revision of an existing UNA such as a change to a UNA ' s boundaries . Such requests are to be made in writing to the Tompkins County Department of Planning and should identify the reasons for the change. The Planning Department promptly notifies the Committee responsible for reviewing and maintaining the UNA inventory (hereinafter called the "UNA Committee") of the request . Upon receipt of said written request , the UNA Committee notifies owners of land included in the amendment request . The UNA Committee informs the EMC of the requested amendment at the next regular meeting of the EMC . The UNA Committee reviews the requested amendment . if the amendment affects an existing UNA, the UNA Committee reviews available information about that UNA . The UNA Committee may invite the proponent of the amendment to meet with the Committee to discuss the requested amendment and the basis for the request . The UNA Committee determines whether the request has sufficient merit to be explored further. The UNA Committee would consider the criteria for establishing a UNA, their own knowledge of the area , and any information provided by the proponent in making their recommendation. If the UNA Committee determines the request has sufficient merit, the Committee reports their recommendation to the EMC and, if the EMC concurs, the process continues . If the UNA Committee determines that the request does not have sufficient merit to proceed , the Committee notifies the proponent of the amendment of their decision and the reasons therefore . -Also consider letting the property owner know he's off the hook at this point Researching the Proposal Once the EMC concurs that the amendment should be considered further, the UNA Committee appoints a Review Team. The Review Team should be comprised of at least one member of the UNA Committee and may include other members of the EMC, outside experts, and staff. The Review Team may be the entire UNA Committee. The UNA Committee may arrange to contract with appropriate professionals to assist the Review Team. The EMC must agree on the need for the contract. The staff of the Tompkins County Planning Department must be consulted to ensure that there are sufficient finds in the budget to hire a contractor and that the contracting policies and procedures of Tompkins County are followed. The Review Team collects and reviews available data concerning the requested amendment. This may include the review of recent and historic aerial photography, information from the County' s C_IIS system, and property records. Before any site visits of private property are conducted, the UNA Committee contacts the landowner(s) , and tenant(s) if necessary, updates them on the status of the request , informs them of the Review Team ' s activities, and requests written permission to conduct site visits . Reco»»»ended by UNA Committee 9/19/07 fee RECOMMENDED DRAFT The Review Team conducts site visits or, if landowner/tenant permission is not received, roadside observations and remote sensing data will be used to evaluate the site. Upon completion of their research and of the site visits, the Review Team compiles a written report to the UNA Committee. The UNA Committee invites the affected property owner(s) to a meeting. The purpose of the meeting would be to go through the Review Team ' s research and to gather additional input from the property owner(s) . Based on the Review Team' s report and recommendations , on any input received from the property owner(s), and on any follow -up by the Review Team, the UNA Committee determines whether to proceed with a formal amendment to the UNA Inventory . If the Committee decides to proceed, the process continues. If not, the UNA Committee notifies the EMC and, if the EMC concurs, the Planning Department notifies the proponent of the amendment and the property owner(s) of the FMC ' s decision not to continue with the process . Adopting an Amendment lithe UNA Committee decides to proceed with the amendment, the Review Team works in conjunction with the Planning Department to develop the detailed geographic boundaries as well as all the information required to complete the database of the UNA Inventory . The UNA Committee develops a written justification for the amendment . This report should include findings of fact from the Review Team ' s work, the underlying issues relevant to the amendment , and the Committee' s opinions on these issues . The UNA Committee drafts a resolution supporting the amendment and submits the resolution for consideration by the EMC . The UNA Committee also submits appropriate written reports and supporting documentation from the Review Team to the EMC . The EMC determines whether to amend the UNA inventory. If the EMC decides to amend the UNA Inventory, the process continues . If not , the Planning Department notifies the proponent of the amendment and the property owner(s) of the EMC ' s decision not to amend the UNA Inventory . After the Amendment If the EMC amends the UNA Inventory, the Planning Department notifies the original proponent of the amendment , all affected landowners , all affected municipalities , and the Tompkins County Legislature of the amendment . The Planning Department updates its relevant CIS maps, databases, and websites to reflect the amendment adopted by the EMC . The Planning Department provides a written notification of the amendment to all persons and organizations that have received a copy of the full inventory. Adopted by the Tompkins County Environmental Management Council Date: Voting In Favor: Voting Against: Abstentions: Recommended by UNA Committee 9/19/07 RECOMMENDED DRAFT As revised 9/ 19/07 I UNIQUE NATURAL AREAS INVENTORY 2 AMENDMENT PROCESS a 4 Requests for Amendments 5 6 Any person or organization can request in writing that the Environmental Management Council (EMC) 7 amend the Tompkins County Unique Natural Areas Inventory. Requested amendments could include: the 8 deletion of an existing UNA from the Inventory, the addition of a new UNA to the Inventory, or a 9 revision of an existing UNA such as a change to a UNA ' s boundaries . Such requests are to be made in 10 writing to the Tompkins County Department of Planning and should identify the reasons for the change. 11 12 The Planning Department promptly notifies the Committee responsible for reviewing and maintaining the 13 UNA Inventory ( hereinafter called the " UNA Committee") of the request . Upon receipt of said written 14 request, the UNA Committee notifies owners of land included in the amendment request . The UNA 5 Committee informs the EMC of the requested amendment atthe next regular meeting of the EMC . 16 17 The UNA Committee reviews the requested amendment . If the amendment affects art existing UNA, the 8 UNA Committee reviews available information about that UNA . The UNA Committee may invite the 19 proponent of the amendment to meet with the Committee to discuss the requested amendment and the 20 basis for the request . 21 22 The UNA Committee determines whether the request has sufficient merit to be explored further. The 23 UNA Committee would consider the criteria for establishing a UNA, their own knowledge of the area, 24 and any information provided by the proponent in making their recommendation. If the IJNA Committee 25 determines the request has sufficient merit, the Committee reports their recommendation to the EMC and, 26 if the EMC concurs , the process continues . If the UNA Committee determines that the request does not 27 have sufficient merit to proceed, the Committee notifies the prdponent of the amendment of their decision 28 and the reasons therefore. 29 30 Researching the Proposal 31 • 32 Once the EMC concurs that the amendment should be considered further, the UNA Committee appoints a 33 Review Team . The Review Team should be comprised of at least one member of the LINA Committee 34 and may include other members of the IMC, outside experts, and staff. The Review Team may be the 35 entire UNA Committee. 36 37 The UNA Committee may arrange to contract with appropriate professionals to assist the Review Team , 38 The EMC must agree on the need for the contract . The staff of the Tompkins County Planning 39 Department must be consulted to ensure that there are sufficient funds in the budget to hire a contractor 40 and that the contracting policies and procedures of Tompkins County are followed . 41 42 The Review Team collects and reviews available data concerning the requested amendment . This may 43 include the review of recent and historic aerial photography, information from the County ' s GIS system, 44 and property records . 45 46 Before any site visits of private property are conducted, the UNA Committee contacts the landowner(s), 47 and tenant(s) if necessary, updates them on the status of the request, informs them of the Review Team ' s 48 activities , and requests written permission to conduct site visits . 49 Recommended by UNA( committee 8/27/2007 1. f RECOMMENDED DRAFT As revised 9/ 1. 9/07 l The Review Team conducts site visits or, if landowner/tenant permission is not received, roadside 2 observations and remote sensing data will be used to evaluate the site. Upon completion of their research 3 and of the site visits, the Review Team compiles a written report to the UNA Committee. 4 5 The UNA Committee invites the affected property owner(s) to a meeting. The purpose of the meeting 6 would be to go through the Review Team ' s research and to gather additional input from the property 7 owner(s) . 8 9 Based on the Review Team ' s report and recommendations , on any input received from the property 10 owner(s), and on any follow-up by the Review Team, the UNA Committee determines whether to 11 proceed with a formal amendment to the UNA inventory. if the Committee decides to proceed, the 12 process continues . If not , the UNA Committee notifies the EMC and, if the EMC concurs , the Planning 13 Department notifies the proponent of the amendment. and the property owners) of the EMC ' s decision 14 not to continue with the process . 15 Adopting an Amendment 16 17 If the UNA Committee decides to proceed with the amendment, the Review Team works in conjunction 18 with the Planning Department to develop the detailed geographic boundaries as well as all the information 9 required to complete the database of the UNA Inventory . 20 21 The UNA Committee develops a written justification for the amendment . "Chis report should include 22 findings of fact from the Review Team ' s work, the underlying issues relevant to the amendment , and the 23 Committee' s opinions on these issues . 24 25 The UNA Committee drafts a resolution supporting the amendment and submits the resolution for 26 consideration by the EMC . The UNA Committee also submits appropriate written reports and supporting 27 documentation from the Review Team to the EMC . 28 29 The EMC determines whether to amend the UNA Inventory. If the EMC decides to amend the UNA 30 Inventory, the process continues . If not, the Planning Department notifies the proponent of the 3 I amendment and the property owner(s) of the EMC ' s decision not to amend the UNA inventory. 32 33 After the Amendment 34 35 If the EMC amends the UNA Inventory, the Planning Department notifies the original proponent of the 36 amendment, all affected landowners , all affected municipalities , and the Tompkins County Legislature of 37 the amendment . The Planning Department updates its relevant GiS maps , databases, and websites to 38 reflect the amendment adopted by the EMC . 39 40 The Planning Department provides a written notification of the amendment to all persons and 41 organizations that have received a copy of the full inventory. 42 43 44 Adopted by the Tompkins County Environmental Management Council 45 46 Date: 47 Voting In Favor: Voting Against Abstentions: 48 Recommended by UNA Committee 8/27/2007 aaam FFIDA1iIT OF PUBLICATION STATE UBLI ATI.ON TATE OF NEW YORK ) ) ss - : COUNTY OF TOMPKIN ) Rachel A . Jacobsen , being duly sworn , deposes and says that : 1 - Derlonent is the Clerk of the Town of Lansing of Planning Bow-d of the Town of Lansing, New York, a municipal corporation organized under and by virtue of the laws of the State o [ New York and with offices at 29 Auburn Road , Town of Lansing, State of New York.. The legal notice, a true, correct and complete copy of which is attached hereto and made a part hereof, was duly published in rue Ithaca journal , the official newspaper or the Town of Lansing, on [ insert date] on page [insert page no , ] orsaid newspaper- Rachel A . Jacobsen Sworn to before me this day of Notary Public - - Cage 1ofI a Tolcodes • From : " Lorraine Moynihan Schmitt" 0Ischrnitt © thalerandthaler , 00m> To : " 'Tolcoder ctolcodes c twcny . rr . como Sent : Friday, October 12 , 2007 1 : 32 PM Attach : AFFIDAVIT OF PUBLICATION - Planning Soard , doc Subject : RE : Affidavit Form Here it is—just insert date , page number where the legal notice was published in The Ithaca Journal , attach a copy of the notice from the newspaper and sign before a notary. Best, Lorraine From : Tolcodes [mailto : tolcodes twcny , rr.corrr] Sent: Fridayr October 12, 2007 9 : 39 AP41 To : Lorraine Moynihan Schmitt Subject : Affidavit Form Good Morning Lorraine, just following up on a previous suggesdIrs. that you wade at a Planning Board Meeting_ No big hurry, just a friendly vominder . Prove a great VV. eekend , Rachel Expert loom: 9 / 407 Pd inukes Other Business 'Lorraine Moynihan Schmitt suggested that the Chairperson read from an Affidavit that can de completed by the Clerk who submits the Legal PubtiCstion. This will save ti : n.C , Ms . Moynihan ch. i tt will provide the brrms to the P.iotwdng Office . • i 0! 1. 5!2007 PP No . TOWN LICENSE Is hereby licensed , pursuant to Section. 137 of the Town Law of the State of New York to in The Town of Lansing for the period of , from the day of , upon the payment to the Supervisor of said Town the sum. of. Dollars the fee fixed therefore by the Town Board., pursuant to Section 137 of the Town. Law . Dated this day } of , 200 Town Clerk l NEW )( OM( PLANNING FEDERATION 279 dTVER STREET, SUITE 302 • TROY, NY 12180 (518 ) 270-9855 • fax ! 1518 } 270-98x7 - c-inn: rrpffolv55t.o7 - wwwinl pf, org Promoting the Training of Municipal Planning & Zoning Officials (8 . 631 /NNdff) Commonly-asked Questions • In the summer of 2006 , the New York Legislature approved a bill to establish minimum training requirements for municipal planning and zoning officials . The new legislation calls for a minimum training standard of four hours annually for members of local planning boards, zoning boards of appeal and county pYnrilog boards, 1 . Why was the law passed ? In New York state, cities, /owns and villages have primary responsibility to regulate private land use through citizen planning boards and zoning boards . Their actions have a profound impact on state and local land use patterns and individual landowners. -1 Well-considered and timely decisions by municipal boards and commissions attract quality community development, and result in fewer lawsuits and lower costs for municipal liability insurance_ The new law promotes a minimum training standard for planning and coning board members throughout the state at no or minimal fiscal impact, while allowing municipalities a wide latitude in the training opportunities they may authorize members to receive. 2. Who supported passage of the new lewd sr Yin new Iwo received broad -based support from many organizations and individuals . 3. Wasn ' t training already provided for by law prior to passage of the new Ionr ? if While individual municipalities could require training of planning and zoning board members, and some already do so, there was 00 uniform statutory training standard for municipal planning and zoning officials in New York. 4. When docs the new law take effect ? • 'f The law takes effect on Januuary 1 , 2007 _ 5. Are there arty exceptions in the new law ? -I municipality with a population of one willion or mere is exempt from tire requirements of the law. if Y municipality may naive the four hour requirement, or part of it, by passing a resolution if, in its judgment, it is in its interest to do so . • • 6. Does the new law apply to county planning boards in charter counties? V. ft applies to such members if they are appointed by the county governing body. 7. Does the new law apply to alternate board members? i It applies to alternate board members as well as regular members. 8. What sort of training is required ? V The type of acceptable training is left to the discretion of individual municipalities, and could even vary for individual board members. Training can provide either basic skills or can offer new and advanced planning and zoning approaches. V Training opportunities could include courses offered by a municipality (perhaps at regular board meetings, covering, for example, the newest laws), a. regional or county planning office or commission, a state agency such as the Department of State, a state association like the Association of Towns, Conference of Mayors, or NY Planning Federation, or even a college or other similar entity. I A wide variety of formats may also be used, including traditional classroom training, conference sessions , video and distance learning or even self-study . 9. Who decides what type of training will be used ? V The legislative body for each city, county; town or village approves a course or courses of training for its boards . . • 10. What happens if a municipal board member receives more than the required four hours • of training in one year? V Training received in excess of four hours in any one year may be carried over into another year; at the discretion of the municipality. • 11 . What happens if a person serves on more than one planning or zoning board ? Are they required to receive four hours of yearly training for each position? tir Not under the new law. However, municipalities have the discretion to require training in excess of the four hour yearly minimum . 12. What happens if a municipal board member doesn ' t meet the minimum training requirements established by a municipality? V Board members failing to receive training required by their municipality are ineligible for reappointment to their board. lb . Will more training programs he made available to municipalities? V Yes. New training programs are in the works now and will begin to be available at the start oh 2007 .