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Home My WebLink About2008-02-25 FE 1.1 9 Town of Lansing Monday, February 25, 7: 15 PM PLANNING BOARD PLANNING BOARD MEMBERS rDonn ccs prrrntl Nancy Locate Tem Ellis * Larry Tharpsteen * An Davidson , Chairman Viola David Hatfield * Larry Zuidema latthew Besemer, Town Board Liaison * Richard Platt, Zoning and Code Enforcement Officer David Herrick, RE . Town of Lansing Engineer Lorraine Moynihan Schmitt, Esti _ Public Present Linda I-tiraurien Connie Wilcox 18:40 PM ) Ruth Hopkins General Business Iain Davidson called the f.[an.niio Board working Meeting to order at 7:15 PM . Public Comments/Concerns Linda Hir -onen , Board of Zoning Appeals Member appeared before the board with concerns regarding the proposed changes made to the Subdivision Rules A Regulations by the Town Board . Ms . IT.iruonun states her concerns are as fellow's; APPROVED A]ncndcd 3110:11A PH TO; THE TOWS F Ifial$MIG PLANNING I BOARD FROU : LDA44 itiNiaIS RD. G LANSING, NY 18052 RE: 3U3DIVISION RULES U `O A I_ 4: Szction au. EXEUPT StlaillIASIONS I would like uun st teat the Pianning Board craven tht, outticao Iia grozigism depth. I fool Iifl any division of Card gvcaQcr than a sirosidre parceV sIioife have Tom misty r for the Qinlloyslpg r asons . RG V1tI LD r ELPPMENT - Wha/CHU carpal Owning ni g tint] roviovu, strip tdevelopmen1 coiled pring IhatIaaod abandoned, and haphazard grovnh litaCi occur. KiVIROLAMENITAL PROTECTION - tittIthotit cu rcgul planning and review, Out; -4criod w b iss could be co prwohuised and clangorous erosion could occur. PAIMA - G' finungt careful planning and ravtevwi, driveways conk] be instailad on clangorous curves or near intersection and people' s lives could be a2 slam S A TtCLE 5; & arourn u02. SKETCH PLN SUBMISSIOM . PPLEseaCCal MAMMALS - prgea a clarify trre u ivi n, " , l& was gay t r r nu Jr ? onca a o4tlMMsioa had been fled rt 8hc Court house, it Gould rtzn b tt rthor subagvided, Ms . Hirvonen asked, when did the Town take the ability back from the Planning Board with regards to changes they make on the Subdivision Rules & Regulations ? Ms . Moynihan Schmitt advised that the Town Board is still granting the Planning Board the power to make changes. Larry Sharpsteen stated he expressed the same concern (s) as Ms, Hirvonen to the Supervisor . Viola Miller also expressed her similar concerns to Mr . Sharpsteen via the telephone . Mr , Sharpsteen feels the cul:rent Section 400 in the Rules and Regulations should remain _ 0 2 APPROVED Amended 3IIO, OY PR ® Ms . Hirvonen recalls from her Planning Board experience that once a Subdivision is filed with the County Clerk, no further Subdivision of that parcel can happen . Ms . Hirvonen has experienced problems with landowners re- subdividing in the Lansing Area . Ms . Moynihan Schmitt indicated proper wording and any deed restrictions must be included on the final Plat prior to it being filed with the County Clerk . This enables enforcement to take place . Larry Sharpsteen indicated his concerns / suggestions are; 1. . Safety (especially curb cuts . ) 2 . Control over Subdivisions 3 . If 1. or 2 Subdivisions occur, they still should go for review . Allowing 4 would make the Town susceptible to Lawsuits to change Subdivisions that previously came under a Planning Board review . This will set a bad precedence to the protection of drainage and runoff. 4 . 3 Acre, 300' parcels should be brought to the attention of the Planning Board . Lorraine Moynihan Schmitt clarified for the record that according to the way the present law reads all subdivisions are to be reviewed by the Planning Board . • Ms . Moynihan Schmitt has and will continue to express the Planning Board Members concerns with Mr . Krogh . Lin Davidson suggestedthat the Planning Board, Zoning Board and Town Board Members get together and discuss these items . It was also suggested by Chairman. Davidson that the Town may want to pass these changes through to a Planning Lawyer, such as Scott Chatfield for further review as Mr . Krogh may have overlooked something or been unaware of changes in the Planning Law . Comments/Concerns on the proposed Land Use Ordinance Thomas Ellis inquired what the difference was between Site Plan Review and Special Conditions . Richard Platt explained that under Special Conditions, it refers to the code 802 . 1 which is Site Plan Review. This is a more rapid process . Larry Zuidema Comments/ Concerns : 1 . Add " Planning Board " to definitions and include a clear statement about • their role and functions . 3 APPROVED Am nail 3/10rrrg Br 2. Suggest that the term " In - House be defined in the document (Ordinance) with an explanation of the operational procedure and likely outcome _ It is noted that several 510 section items under " C - Business" uses and " - Industrial / Research " uses will now go for " in -house" review and will not, therefore, go to the Planning Board . These items are mostly large projects in which the Planning Board should be involved _ This represents a major change in the relationship between the Planning Board , the Town Board, the Planning Department and the citizens of the Town itself , _ Change the identification of Site Plan from the * to wording or visa versa 4 . Section hbb (9) M.other-In-Law Apartment add Special Conditions back on 5 . Section 802 Special Conditions need to be made clear_ b. Section bbb ( C) 21 what does " new and existing mean " ? Dick Platt advised the board that he will be reviewing from an established " checklist" and it something sets Of e reed flag, it will automatically go to the Planning Board for further review _ Lorraine Moynihan Schmitt felt that the " checklist" should be woven into the ] and Use Ordinance . 'Thomas Ellis states after reviewing our Comprehensive Plan and looking at the changes for the f1 & R2, he does not feel that the intent of these districts were to allow Commercial Recreation Out and in Doors or Professional Buildings . Larry Sharpsteen states either the Planning Board or the Town Board should take e look at Cabins or Cottage for Seasonal occupancy in the lb District as there are same € R Districts where this would not be appropriate . Larry Sharpsteen states Dwelling ( Mobile Home) should also be allowed in the 31 & B2. The Town needs to have more flexibility , Larry Zuiclerna states he feels [Mobile Homes should be permitted in the B1 & B2 district. Example : start up Company comes in to town, they have enough land to build e home eventually, in the mean time they have few employees and wants to place a Mobile l-i:orne there until the can get a home built . If e home is permitted, e Mobile Home should be too. Members felt it would be e good idea however Special Conditions should be placed on it for possible time limits , Lin Crvidsoit feels the acreage should be left in for the document for keeping or raising of horses or ponies . It 4 • APPROVED Amen,:ped .3/I 01(0 PB Thomas Ellis states Roadside Stand should not be permitted in the R1 & R2 . Matt Besem.er explained that the Town Board is waiting for a definition on " Roadside Stand " . Larry Sharpsteen had no problem with all districts being permitted to have a Roadside Stand however he does feels some restrictions should be placed on it. Larry Sharpsteen stated that the Town Board needs to look at some of the items that have gone from N to In House Site Plan as they need a little more thought and review . Lin Davidson suggested looking at other communities Subdivision Rules and Regulations . Lin Davidson requested that the board look at the definition of " frontage' , define the word " useable . " . Matthew Besemer suggested that at the March 10th PB meeting that the Town Board join the PB for further discussion on these items . Larry Sharpsteen also stated the Zoning Board of Appeals should also be invited . Matthew Besemer reviewed The Town Board responses to the Planning Board changes and Town Board changes . The Town Board requested that the Planning Board define " Modern Landscaping " in the B 1 & 52. Lorraine Moynihan Schmitt is researching the definition of " church " and " outdoor recreation" . Lin Davidson suggested that the Town get a new legal Map . Decamp Road - G & L Trucking Complaint The Town Board has invited the complainant to attend the next upcoming Town Board Meeting . Roger Sovocool Ms . Moynihan Schmitt explained that Mr . Sovocool would like to subdivide his parcel. The upper portion of his lot he would like to retain for a logging, hunting and recreational purposes . Access to the upper portion would be by an existing logging trail . An easement or right of way would be included in the deed . Ms . Moynihan Schmitt advised the Planning Board Members that there is a provision in the current Subdivision Rules & Regulations permitting the Planning Board to j • APPROVED Amended 3/ 10/08 PB grant a waiver for Ms . Sovocool's request to the Zoning Board of Appeals for a Variance . Ms . Moynihan read Article 800 Purpose & General Requirements and further advised the Board they may take this action. Larry Sharpsteen states the Planning Board is not allowed to create land lock parcels. If consideration is given , conditions must be included indicating no further. Subdivision of this parcel . Larry Sharpsteen made a motion to hear Mr . Sovocool ' s request and place it on the March 10, 2008 Agenda . Thomas Ellis seconded . VOTE AS FOLLOWS : Thomas Ellis - Aye David Hatfield - Aye Larry Sharpsteen - Aye Larry Zuidema - Aye Lin Davidson - Aye MOTION CARRIED. Approval/Denial of February 11 , 2008 Minutes Thomas Ellis made a motion to approve the Minutes of February 11 , 2008 as submitted . Larry Sharpsteen seconded . VOTE AS FOLLOWS : Thomas Ellis - Aye David Hatfield - Aye Larry Sharpsteen - Aye Larry Zuidema - Aye Lin Davidson - Aye MOTION CARRIED . Larry Sharpsteen made a motion to adjourn the Meeting at 9: 25 PM . David Hatfield seconded . VOTE AS FOLLOWS: Thomas Ellis - Aye David Hatfield - Aye Larry Sharpsteen - Aye Larry Zuidema - Aye Lin Davidson - Aye MOTION CARRIED. 6 a" Town of Lansing Monday, February 25, 7: 15 PM PLANNING BOARD PLANNING BOARD MEMBERS Nancy Lonna Tom dEi is Larry Rhcrpsteen Lin Davidson, Cho irmen Viola Wier 4David Hatfield " Larry Nuidema Matthew lieseiner, Town hoard Liaison Richard Platy Zoning and Lade Enforcement Officer David Herrick, 5 . 1E, rhown of Lansing hey neer Lorraine Moynihan Schmitt, Esq . Public Present Linda Hireonen Connie Wilcox 0.40 (3LL ) Ruth Hopkins General Business Lin Davidson called. the Planning Board working M.rrdoy to order. at 7: 15 PM. PublicComments/Concerns Linda lHlirvonen, Board of Zoning Appeals Member appeared before the board with concerns regarding the proposed changes made to the Subdivision Rues . Oegu [ atio -n by the Town Board _ Ad , Hilvonen states her coorros are as iodo 'cn; Th # '-. .i..r .� r 1. O2 -25-OX Planning 13uaid TO ; THE Ta[0] w LANSING PLANKING BOARD HR CSO . LINDA H/RVONEAN 4dRlid. LANSING, Rd 4 e SUSDIVISIONAULES AND keetiLATIONS ARTICAX 4: deafen 4CD. EXEMPT RRRl IRI nsssl NS sogsgrat sh at thoRle e sing Bond florrnty IOUs' ratale lams" dzipM, sod that zany ditleico of Mad ra aw:r thrin . eisgle parcel she o ve Town review Ter die foltou4intivasom, ORGANFZED m Pjs n -gm= c.metol Ewsdind and ruMM in , sip asidd otecctenul d gals up, deM#:MMeic cl aaedeoed, and aplr rr groom Voull eMKea, SII _ * N _ TAL liatTecinift Ha. H ildnoi esreAA:rl pthnnlng and reeiewt #' ehire end wettande could Na compromised anti ei o roue eroSon weNd do turt ,e -- ld"i}me aa# taretti arming hong clad retie a drivpways could be Anstert N on ct apt eroue enrveres or ne:ar :irter sedee.e and people' s dues ANYMAN 6; nur e re 502- SKETCH Pia SlinlritS $Mi ANNAl RR'I A MATERIALS — e; .s° clarity Ltntisu.radlividingn. Ge was me innxmt dbl fi 'c--et MCC a subdivisipin bed S&rt filo a theAne s d ree, it i orad coil MM cunInt fAibdivided, Ms . ddruenen asked, when did the Town rake the ability back from the Planning Board with regards to changes they make on the Subdivision .Rules 8r Regulations? .Ms . Moynihan. Schmitt advised that the Town Board is still granting the Planning Board the power to make changes . Larry Aharpsteen stated he expressed the saane concern (s) as Ms . .l-iirvoneo to the Supen-isnr- Viola Miller also expressed her similar concerns to Mir Sharpstce n via the telephone . Mr , Sharpsteen feels the current Section 400 in the Rules and Regulations should remain . A 2 ..DRAFT.lam r2-25-0: Han ninr 13{�s,nl 1 Ms . Hirvonco recalls From her Planning Board experience that once a mor Subdivision is filed with the County Clerk, no further Subdivision of diet parcel can happen , Ms . Hiroonen has experienced problems with landowners re- subdividing in the Lansing Area . Ms_ Mayrdhan Schmitt indicated proper wording and any deed restrictions must be included on the final Plat prier to it being filed with the County Clerk - This enables enforcement to take place, Larry . harpsteen indicated his concerns/ suggestions are; 1 . Safety ( especially curb cuts . ) P. Control over Subdivisions 3 - If 1. us b Subdivisions occur, they still should go for review . Allowing 4 would remake the down susceptible lit Lawsuits to change Subdivisions that previously came under e Planning Board review , This will set a bad precedence to the protection of drainage and runoff . 4 . 3 Acre, POO' parcels should be brought to the attention of the Planning Board . Lorraine Me fnihan Schmitt clarified for the record that according to the waythe � present law reads all subdivisions are to be reviewed by the .Planning Board - 41/ Ms _ Moynihan Schmitt has and win continue to express the Planning Pitssri Members concerns with Mr . Krogh. .Lie Davidson suggested that the Manning- Board , Z011ing Board and Lowe 'Board Members get together and discuss these items . It was also suggested by Chairman Davidson that the Town may want to pass these changes through to e Planning Lawyer, such as Scott Chatfield for further review as Mc . Krogh may have overlooked something or been urea fare of changes in the .Planning hew Comments/Concerns on the proposed Land Use Ordinance Thomas Ellis inquired what the difference was behoceo Site Plan Review and Special Conditions . Diehard Platt explained that under Special Conditions, it refers to the code 802 -1 which is Site Plan Review , This is e more rapirl process . Larry Zuidema Comments / Concerns : 1 . Add " .Planning Board." t(-.] definitions and include a clear statement about 411 their role and functions . 3 7 � r N 'DRAFT rl 02-25.4!8 Planning Board 2 . Suggest that the term " In-House be defined in the document (Ordinance) with an explanation of the operational procedure and likely outcome . It is noted that several 503 section items under " C - Business" uses and " D- Industrial / Research" uses will now go for " in-house" review and will not, therefore, go to the Planning Board . These items are mostly large projects in which the Planning Board should be involved . This represents a major change in the relationship between the Planning Board, the Town Board , the Planning Department and the citizens of the Town itself . 3 . Change the identification of Site Plan from the * to wording or visa versa 4 . Section 503 (9) Mother- In -Law Apartment add Special Conditions back on 5 . Section 802 Special Conditions need to be made clear . 6. Section 503 ( C) 21 what does " new and existing mean" ? Dick Platt advised the board that the will be reviewing from an established " checklist" and if something sets off a red flag, it will automatically go to the Planning Board for further review . Lorraine Moynihan Schmitt felt that the " checklist" should be woven into the Land Use Ordinance . Thomas Ellis states after reviewing our Comprehensive Plan and looking at the changes for the .R1 & R2, he does not feel. that the intent of these districts were to • allow Commercial Recreation Out and In Doors or Professional Buildings . Larry Sharpsteen states either the Planning Board or the Town Board should take a look at Cabins or Cottage for Seasonal occupancy in the IR District as there are some IR Districts where this would not be appropriate . Larry Sharpsteen states Dwelling (Mobile Home) should also be allowed in the B1. & B2. The Town needs to have more flexibility . Larry Zuidema states he feels Mobile Homes should be permitted in the B1 & B2 district. Example : start up Company comes in to town , they have enough land to build a home eventually, in the mean time they have few employees and wants to place a Mobile Home there until the can get a home built. If a home is permitted, a Mobile Home should be too . Members felt it would be a good idea however Special Conditions should be placed on it for possible time limits . Lin Davidson feels the acreage should be left in for the document for keeping or raising of horses or ponies . 4 DRAFT 02 -25-08 Planning Board Thomas Ellis states Roadside Stand should not be permitted in the .R1 & R2 . Matt ® Besemer explained that the Town Board is waiting for a definition on " Roadside Stand" Larry Sharpsteen had no problem with all districts being permitted to have a Roadside Stand however he does feels some restrictions should be placed on it. Larry Sharpsteen stated that the Town Board needs to look at some of the items that have gone from N to In House Site Plan as they need a little more thought and review . Lin Davidson. suggested looking at other communities Subdivision Rules and Regulations . Lin Davidson requested that the board look at the definition of " frontage' , define the word " use" . Matthew Besemer suggested that at the March -10th PB meeting that the Town Board join the T' I3 for further discussion on these items . Larry Sharpsteen also stated the Zoning Board of Appeals should also be invited . Matthew Besemer reviewed The Town Board responses to the Planning Board ® changes and Town Board changes . The Town Board requested that the Planning Board define " Modern Landscaping" in the B 1 & B2. Lorraine Moynihan Schmitt is researching the definition of " church " and " outdoor recreation" . Lin Davidson suggested that the Town get a new legal Map . Decamp Road - G & L Trucking Complaint The Town Board has invited the complainant to attend the next upcoming Town Board Meeting. Roger Sovocool Ms . Moynihan Schmitt explained that Mr. Sovocool would like to subdivide his parcel . The upper portion of his lot he would like to retain for a logging, hunting and recreational purposes . Access to the upper portion would be by an existing logging trail . An easement or right of way would be included in the deed . Ms . Moynihan Schmitt advised the Planning Board Members that there is a provision in the current Subdivision Rules & Regulations permitting the Planning Board to 5 RAFT, r , U2 -25-4is f'larnring Board grant a waiver for Ms . Sovocool' s request to the Zoning Board of Appeals for a Variance . Ms . Moynihan read Article 800 Purpose & General Requirements and further advised the board they may take this action . Larry Sharpsteen states the Planning Board is not allowed to create land lock parcels . If consideration is given, conditions must be included indicating no further Subdivision of this parcel . Larry Sharpsteen made a motion to hear Mr . Sovocool ' s request and place it on the March 10, 2008 Agenda . Thomas Ellis seconded . VOTE AS FOLLOWS : Thomas Ellis - Aye David Hatfield - Aye Larry Sharpsteen - Aye Larry Zuidema - Aye Lin Davidson - Aye MOTION CARRIED . Approval/Denial of February 11, 2008 Minutes Thomas Ellis made a motion to approve the Minutes of February 11 , 2008 as 40 submitted . Larry Sharpsteen seconded . VOTE AS FOLLOWS : Thomas Ellis - Aye David Hatfield - Aye Larry Sharpsteen - Aye Larry Zuidema - Aye Lin Davidson - Aye MOTION CARRIED . Larry Sharpsteen made a motion to adjourn the Meeting at 9 : 25 PM . David Hatfield seconded . VOTE AS FOLLOWS : Thomas Ellis - Aye David Hatfield - Aye Larry Sharpsteen - Aye Larry Zuidema - Aye Lin Davidson - Aye MOTION CARRIED . 6 Town of Lansing Planning Board February 25, 2008 Visitors Please Sign In Below : (Please Print) Name Address Arc, \4-1 re- V Or\ C-r) CO 3e IL S bttp : //www . l nsin town . corn! c TOWN OF LANSING PLANNING BOARD 29 Auburn Road Lansing, New York 14582 Monday, February 25, 2008 • AGENDA 7: 15 P. M . Public comments 7:20 P. M . Continue Review of proposed Subdivision Rules and Regulations, (Torn Ellis report on IR District) ® Report from Matt Besemer, Town Board Liaison re : TB Changes to Land *Use Ordinance Approval/ Denial of Minutes for February 12, 2008 Any other business deemed necessary