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HomeMy WebLinkAbout2008-06-09 • Town of Lansing Monday, June 9, 2008 7:15 PM PLANNING BOARD PLANNING BOARD MEMBERS Newts tet) • Nancy Loncto • Tom Ellis " Larry Sharpsteen Lin Davidson, Chairman Viola Miller • David Hatfield Matthew Besemer, Town Board Liaison Richard Platt, Zoning and Code Enforcement Officer David Herrick, P.E. Town of Lansing Engineer • Lorraine Moynihan Schmitt, Esq . Public Present Mark Wheeler Andy Sciarabba Tim Buhl Ruth Hopkins Carmen Mix Robert Moore Richard Pinney Sr. Dennis Mogil Jim Eyster Norman Tidd Pete Peters Ted Laux Linda H.irvonen Benjamin Jones • George Breuhaus Robert Rasmussen Ron Seacord Chris Maio General Business Thomas Ellis called the Planning Board Meeting to order at 7: 7.5 PM. Public/Member/ Comments/Concerns None Resignation of Larry Zuidema Thomas Ellis read the following statement of resignation from Larry Zuidema effective June 5, 2008 . " I have resigned my position on the Planning Board because it would be difficult for me to fulfill my Planning Board responsibilities in the 110 future in view of the recent substantive and process-oriented changes , I DRAFT 06/091011 P13 • and proposals put forward by the Town Board regarding both the zoning and ordinance and sub -division law . I have very much enjoyed my association with all members of the Planning Board . Each has demonstrated a dedication and interest in the future of the Town of Lansing that is most commendable . Accordingly, I hope that each member will continue their volunteer service on the Planning Board to .I ensure that the Town of Lansing remains a great place to live. " Larry The Members discussed the many contributions Mr. Zuidema has given to the Board and thanked him for his services . Nancy Loncto made a motion to accept Mr. Zuidema' s resignation. David Hatfield seconded . VOTE AS FOLLOWS: David Hatfield - Aye Nancy Loncto - Abstained Larry Sharpsteen - Abstained Thomas Ellis - Nay • MOTION DENIED. Ms. Moynihan Schmitt advised all the letter of resignation would now go to the Town Board for further action. SEOR Public Hearing, WB Property Group LLC for a proposed 138 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 . Larry Sharpsteen made a motion to open the SEQR Public Hearing at 7:20 PM. Nancy Loncto seconded . VOTE AS FOLLOWS: David Hatfield - Aye Nancy Loncto - Aye Larry Sharpsteen - Aye Thomas Ellis - Aye MOTION CARRIED. I . 2 DRAFT 06109/08 PB • Nancy Loncto read part I completed by the Applicant It was suggested that the Planning Board hold off completing part H until Public comments have been received . Larry Sharpsteen notedthat the land to the west is an. R2 district, not AG as has been identified on page 9 of Part I aSk 4113 Connie Wilcox lttn-about increase in traffic and Tim Buhl indicated the increase in traffic would not be significant because N . Triphammer is a major connector road . Mr. Buhl will provide a traffic study . Jim Eyster questioned whether the amount of parking spaces were sufficient. Larry Sharpsteenclarified for the record that at the request of the Planning Board, the Developer has provided bus stop(s) inside the development Nancy Loncto reiterated Jeff Overstrom' s comments dated May 1, 2008 with regards to the SWWP Plan having no more than. 5 acres of disturbance at any time. Ruth Hopkins was concerned with the intersection of Asbury and N. • Triphammer. Larry Sharpsteen made a motion to close the SEQR Public Hearing at 7:48PM . Nancy Loncto seconded . VOTE AS FOLLOWS: David Hatfield - Aye • Nancy Loncto - Aye Larry Sharpsteen - Aye Thomas Ellis - Aye MOTION CARRIED. Timothy Buhl, P.E. requested that any official communication from the County Planning Board hO.be provided with a copy so he may address their concerns. SEOR Public Hearing, Donna Moore, for the approval of a Flag Lot Subdivision located at 15 Asbury Road , Tax Map Parcel #37. 1 -8- 18.22. Nancy Loncto made a motion to open the SEQR Public Hearing at 7:50 PM. Larry Sharpsteen seconded . VOTE AS FOLLOWS: David Hatfield - Aye Nancy Loncto - Aye 3 DRAFT 06/09/08 PB Larry Sharpsteen - Aye • Thomas Ellis - Aye MOTION CARRIED. Thomas Ellis read as follows: Planning Department comments - The Tompkins County Health Department recommended that the resolution approving the flag lot contain language protecting the area where the leach field encroaches on the proposed 30 ' access strip which will connect the rear lot to Asbury Road. If approved, the frontage for the front lot will be 89. 57 feet (75' required) . The rear line will be moved to be even with the adjacent rear lot line (approx. 200 '). The front lot will be approximately 24, 437 square feet where 20,000 square feet per dwelling unit is required. The area of the flag lot minus the 30'access strip will be approximately 77,417 square feet. Members felt that certain language should be inserted into the Resolution with regards to repairs easement Nancy Loncto made a motion to close the SEQR Public Hearing at 7:55 PM . Larry Sharpsteen seconded . VOTE AS FOLLOWS: • David Hatfield - Aye Nancy Loncto - Aye Larry Sharpsteen - Aye Thomas Ellis - Aye MOTION CARRIED. The Planning Board reviewed Part I of the Short Environmental Assessment Form completed by the Applicant and completed Part IL No significant adverse environmental impact or effects were identified in Part II by the Planning Board Members. Nancy Loncto made a motion offering the following Resolution; RESOLUTION No. PB- 08-072 TOWN OF LANSING PLANNING BOARD RESOLUTION OF STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) NEGATIVE DECLARATION FOR THE PROPOSED DONNA MOORE ASBURY ROAD ONE LOT MINOR FLAG LOT SUBDIVISION 4 DRAFT 06/09/08 PF3 • WHEREAS, an application was made by Donna Moore, for subdivision approval of a one lot residential flag lot subdivision of certain land located on Asbury Road , Lansing, New York and otherwise known as Tax Map Parcel #37. 1-8-18. 22; and WHEREAS, this proposed action is an Unlisted Action for which the Town of Lansing Planning Board is an involved agency for the purposes of environmental review; and WHEREAS, the Town of Lansing Planning Board, in performing its independent and uncoordinated environmental review in accordance with Article 8 of the New York State Environmental Conservation Law - the State Environmental Quality Review Act ("SEQR" ), (i) pursued its thorough review of the applicant's completed Environmental Assessment Form Part L and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, and (ii) thoroughly analyzed the potential relevant areas of environmental concern of the project to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 61. 7.7(c), and (iii) reviewed and completed the EAF, Part II on the record ; • NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: The Town of Lansing Planning Board, based upon (i) its thorough review of the EAF, Part L and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) its thorough review of the potential relevant areas of environmental concern of the proposed project to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 617. 7(c), and (iii) its completion of the EAF, Part II (and, if applicable, Part III), including the findings noted thereon (which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance (" NEGATIVE DECLARATION" ) in accordance with SEQR for the above referenced proposed action, and determines that an Environmental Impact Statement will not be required. Dated : June 9, 2008 Public Hearing on Application by Donna Moore, Owner, for a Flag Lot Subdivision located along Asbury Road (R2 District), Tax Map • Parcel # 37.1-8-18.22. 5 DRAFT 06/09/U8 PB • • Nancy Loncto made a motion to open the Public Hearing on the Application for Donna Moore at 7: 55 PM. Larry Sharpsteen seconded VOTE AS FOLLOWS: David Hatfield - Aye Nancy Loncto - Aye Larry Sharpsteen - Aye Thomas Ellis - Aye MOTION CARRIED. Mr. Ellis inquired if there was any Public comment A gentleman inquired if the lot would be for one building. The Board advised yes. Thomas Ellis made a motion to close the Public Hearing at 8:00 PM. David Hatfield seconded . VOTE AS FOLLOWS: David Hatfield - Aye Nancy Loncto - Aye Larry Sharpsteen - Aye • Thomas Ellis - Aye MOTION CARRIED. Nancy Loncto made a motion offering the following Resolution. Larry Sharpsteen seconded . RESOLUTION No. PB- 08-075 RESOLUTION OF THE LANSING PLANNING BOARD APPROVING DONNA MOORE, ASBURY ROAD ONE LOT MINOR FLAG LOT SUBDIVISION WHEREAS, after submission thereof, the Lansing Planning Board, on June 9, 2008, reviewed a Subdivision Application submitted by Applicant Donna Moore, for a minor one lot flag lot residential subdivision of certain land, located on Asbury Road, Lansing, New York and otherwise known as Tax Map Parcel #37.1 -848.22; and WHEREAS, the Planning Board has considered and carefully reviewed the • requirements of the Town' s Laws relative to subdivisions and the unique needs 6 f DRAFT 06/09/08 PB • of the Town due to the topography, the soil types and distributions, and other natural and man made features upon and surrounding the area of the proposed Subdivision, and the Town has also considered the Town' s Comprehensive Plan and compliance therewith; and WHEREAS, the subject parcel is a minor subdivision and this is an Unlisted Action under the State Environmental Quality Review Act which requires environmental review ; j and WHEREAS, the Town of Lansing Planning Board is an involved agency pursuant to State Law governing local environmental review; and WHEREAS, a public hearing concerning the environmental review, pursuant to the State environmental Quality Review Act, was held on June 9, 2008 at the Lansing Town Hall at 29 Auburn Road, Lansing, New York. 14882 and notice, posting and publication of the aforementioned public hearing was posted and published at least 14 days in advance of • the opening of said hearing as required by law; and WHEREAS, on June 9, 2008 , this Board, acting as an involved agency in uncoordinated SEQR environmental review, reviewed and accepted as adequate a Short Environmental Assessment Form Part 1 , submitted by the Applicant, and completed Part H and, if applicable, Part III, on the record ; and WHEREAS, by Resolution adopted on June 9, 2008, the Town of Lansing Planning Board determined that, pursuant to the provisions of the State Environmental Quality Review Act, the proposed subdivision will result in no significant impact on the environment and has issued a Negative Declaration of environmental significance for purposes of Article 8 of the Environmental Conservation Law; and • 7 DRAFT 06/09/08 PB • • WHEREAS , on June 9, 2008, a public hearing was held at the Lansing Town Hall at 29 Auburn Road, Lansing, New York 14882 and notice, posting and publication of the aforementioned hearing was posted and published at least ten ( 10) days in advance of the opening of said public hearing as required by law; and NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: RESOLVED : that the Town of Lansing Planning Board grant Approval of the Application for a minor one lot residential subdivision of certain land located on Asbury Road , Lansing, New York and otherwise known as Tax Map Parcel #37. 1 -8-18 . 22 subject to the following conditions : 1 . The access shall be increased to 30 feet, thereby rendering the front lot 89. 57 feet wide along the Asbury Road, 200 feet deep along the proposed western property line, and approximately 150 feet wide along the rear lot line. The front lot shall be approximately . 55 acres in area (24,000 square feet). The rear lot shall be approximately 1 .92 acres in area (83,635 square feet). • 2. The 30 foot access strip from Asbury Road and connecting the rear lot shall have no paved or driving surfaces upon the leach field to the septic system of the adjoining lot. No encroachments upon the leach field such as underground utilities, drainage systems and / or any interfering structures shall be permitted to be constructed upon or within said leach field. 3. The deeds to the newly created flag lot parcel and the remaining parcel to the west of the 30 foot access strip shall both include an easement benefiting the remaining parcel which borders along Asbury Road and to the west of the 30 foot access strip. Use of said repair easement shall not interfere with the remaining parcel's access to the flag lot upon the 30 foot access strip. The repair easement shall be noted upon the final subdivision plat of the properties filed with the Tompkins County Clerk' s Office. VOTE AS FOLLOWS: David Hatfield - Aye Nancy Loncto - Aye Larry Sharpsteen - Aye Thomas Ellis - Aye 8 DRAFT 0009/18 PD • • MOTION CARRIED. SEOR Public Hearing Richard Pinney, for the approval of a Flag Lot Subdivision located along Triphammer Terrace, Tax Map Parcel # in 1 40.4- 1. 4.322 . Thomas Ellis made a motion to open the SEQR Public Hearing at 8: 04 PM. Nancy Loncto seconded. VOTE AS FOLLOWS: David Hatfield - Aye Nancy Loncto - Aye Larry Sharpsteen - Aye Thomas Ellis - Aye MOTION CARRIED. Thomas Ellis read the Planning Department' s comments as follows; Mr. Pinney 's intentions are to remove the existing dilapidated barn and create two building lots. One lot will have the required 150 'frontage on Triphammer Terrace. The • second lot, with only 90 ' of frontage will be considered a flag lot. The area of the flag lot will be approximately 64, 588 square feet which exceeds the 1 . 5 times 40, 000 per dwelling unit requirement. Mr. Ellis asked for Public comments with regards to the environmental review. There were none. David Hatfield made a motion to close the Public Hearing at 8: 06 PM. Nancy Loncto seconded . VOTE AS FOLLOWS: David Hatfield - Aye Nancy Loncto - Aye Larry Sharpsteen - Aye Thomas Ellis - Aye MOTION CARRIED. The Planning Board reviewed Part I of the Short Environmental Assessment Form completed by the Applicant and completed Part IL No significant adverse environmental impact or effects were identified in part II by the Planning Board • Members . 9 DRAFT 0610)/08 PB • David Hatfield made a motion declaring a negative declaration. Larry Sharpsteen seconded. Nancy Loncto offered the following amended Resolution. Larry Sharpsteen seconded . RESOLUTION No. PB- OS-78 TOWN OF LANSING PLANNING BOARD RESOLUTION OF STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) NEGATIVE DECLARATION FOR THE PROPOSED RICHARD PINNEY, SR. TRIPHAMMER TERRACE FLAG LOT MINOR SUBDIVISION WHEREAS, an application was made by Richard Pinney, Sr., for subdivision approval of a one lot residential flag lot subdivision of certain land located on Triphammer Terrace, Lansing, New York and otherwise known as Tax Map Parcel #40 . -4-14.322; and • WHEREAS, this proposed action is an Unlisted Action for which the Town of Lansing Planning Board is an involved agency for the purposes of environmental review; and WHEREAS, the Town of Lansing Planning Board, in performing its independent and uncoordinated environmental review in accordance with Article 8 of the New York State Environmental Conservation Law - the State Environmental Quality Review Act ("SEQR" ), (i) pursued its thorough review of the applicant' s completed Environmental Assessment Form Part I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, and (ii) thoroughly analyzed the potential relevant areas of environmental concern of the project to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 617.7(c), and (iii) reviewed and completed the EAF, Part II on the record ; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: The Town of Lansing Planning Board, based upon (i) its thorough review of the EAF, Part L and any and all other documents prepared and submitted with • respect to this proposed action and its environmental review, (ii) its thorough 10 DRAFT 06109/08 PI3 • review of the potential relevant areas of environmental concern of the proposed project to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 1 -1r-1 ,7 / _% . .. J I : : % : . _ _ _ .. - -- I - . 2 _ -_ - r . 1. - f7 A T` T1 - .. . TT / . .. .1 1C . 4- 11 - . 1 . 1 _ r1 , ,. . 1T„ DRAFT 06109/08 P13 review of the potential relevant areas of environmental concern of the proposed project to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 617.7(c), and (iii) its completion of the EAE, Part II (and, if applicable, Part III), including the findings noted thereon (which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance ("NEGATIVE DECLARATION" ) in accordance with SEQR for the above referenced proposed action, and determines that an Environmental Impact Statement will not be required . VOTE AS FOLLOWS: David Hatfield - Aye Nancy Loncto - Aye • Larry Sharpsteen - Aye Thomas Ellis - Aye MOTION CARRIED. Public Hearing on Application by Richard Pinney, Owner, for a Flag Lot Subdivision located along Triphammer Terrace (R1 District), Lansing, New York and otherwise known as Tax Map Parcel # 40.-4- 14.322. Larry Sharpsteen made a motion to open the Public Hearing on the Application at 8: 10PM. Nancy Loncto seconded . VOTE AS FOLLOWS: David Hatfield - Aye Nancy Loncto - Aye Larry Sharpsteen - Aye Thomas Ellis - Aye MOTION CARRIED. • The Public inquired if there would be deed restrictions. The Board Members advised the person there are Town set back requirements, however, no deed restrictions have been brought to their attention, nor are they required to bring them to the Board' s attention. DRAFT 06109/08 PH • A question with regards to requirement setbacks for driveways was asked . The Board advised the Public there are no driveway requirements. Nancy Loncto made a motion to close the Application Public Hearing at 8: 22 PM. David Hatfield seconded . VOTE AS FOLLOWS: David Hatfield - Aye Nancy Loncto - Aye Larry Sharpsteen - Aye Thomas Ellis - Aye MOTION CARRIED. Nancy Loncto offered the following Resolution approving the Flag Lot Subdivision . David Hatfield seconded . RESOLUTION No. PB- 08-81 RESOLUTION OF THE LANSING PLANNING BOARD APPROVING RICHARD PINNEY, SR., TRIPHAMMER TERRACE I • FLAG LOT MINOR SUBDIVISION WHEREAS, after submission thereof, the Lansing Planning Board, on June 9, 2008, reviewed a Subdivision Application submitted by Applicant Richard Pinney, Sr., for a minor one lot residential flag lot subdivision of certain land, located on Triphammer Terrace, Lansing, New York and otherwise known as Tax Map Parcel #40.4-14.322; and WHEREAS, the Planning Board has considered and carefully reviewed the requirements of the Town' s Laws relative to subdivisions and the unique needs of the Town due to the topography, the soil types and distributions, and other natural and man made features upon and surrounding the area of the proposed Subdivision, and the Town has also considered the Town' s Comprehensive Plan. and compliance therewith; and WHEREAS, the subject parcel is a minor subdivision and this is an Unlisted Action under the State Environmental Quality Review Act which requires environmental review; and l2 DRAFT 06/09.108 Pia • WHEREAS, the Town of Lansing Planning Board is an involved agency pursuant to State Law governing local environmental review; and WHEREAS, a public hearing concerning the environmental review, pursuant to the State environmental Quality Review Act, was held on June 9, 2008 at the Lansing Town Hall at 29 Auburn Road, Lansing, New York 14882 and notice, posting and publication of the aforementioned public hearing was posted and published at least 14 days in advance of the opening of said hearing as required by law; and WHEREAS, on June 9, 2008, this Board, acting as an involved agency in uncoordinated SEQR environmental review, reviewed and accepted as adequate a Short Environmental Assessment Form Part 1 , submitted by the Applicant, and completed Part ll and, if applicable, Part III, on the record ; and • WHEREAS, by Resolution adopted on June 9, 2008, the Town of Lansing Planning Board determined that, pursuant to the provisions of the State Environmental Quality Review Act, the proposed subdivision will result in no significant impact on the environment and has issued a Negative Declaration of environmental significance for purposes of Article 8 of the Environmental Conservation Law; and WHEREAS, on June 9, 2008 , a public hearing was held at the Lansing Town Hall at 29 Auburn Road, Lansing, New York 14882, and notice, posting and publication of the aforementioned hearing was posted and published at least ten ( 10) days in advance of the opening of said public hearing as required by law; and NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: RESOLVED: that the Town of Lansing Planning Board grant Approval of the 13 DRAFT 06ro9/08 Pa Application for a minor one lot residential subdivision of certain land located on Triphammer Terrace, Lansing, New York and otherwise known as Tax Map Parcel #40 . -4-14. 322. Site Plan Review, East Shore Skate Park, LLC, Applicant; Ben Tones, 2073 E. Shore Drive, Tax Parcel No. 37.1-2-3. Ben Jones appeared before the Planning Board for Site Plan Review . Mr. Jones intends on opening East Shore Skate Park LLC and operating an indoor skate park in the old Egan' s building. Indoor recreation is allowed in the B1 District. A sign will be installed and the building will be painted . There will be no additional lighting or paving. Thomas Ellis inquired as to the age of the clientele. Mr. Jones indicated that the age would vary starting at 5yrs old and going to 50 yrs old. . Mr. Jones further stated there is a park and ride bus stop at his location. Mr. Jones is talking with the TCAT people about getting an additional run up to Lansing if possible. Summer Camps and Clinics are being worked out. Larry Sharpsteen has safety concerns with no exterior lighting. Mr. Sharpsteen felt a minimum of exterior lighting would be desirable. Mr. Jones will obtain the Board' s standard lighting foot plans from the Planning Department. Thomas Ellis had concerns with late evening clientele hanging out on the premises. Nancy Loncto requested a site plan that identifies the number of parking spaces available. Connie Wilcox, Deputy Supervisor advised the Planning Board Members that some of their concerns and stereo typing of clientele are not the Planning Board ' s purview . The Town is trying to build business in the Town and. private Agendas should not be brought into the picture. Lorraine Moynihan Schmitt advised the Board that Special Conditions apply to this Application under the Zoning Ordinance, Section 802. 13 Commercial In- Door Recreation in the Bl. District. This Board should discuss items in terms of safety concerns, with overall personal Agendas left out. Larry Sharpsteen stated for the record that it was not the intention of anybody on • the Board to put forth any Agenda. Previous comments were totally due with respect to the safety of the Clientele. 14 DRAFT 06/O9/08 P13 ® Nancy Loncto advised Mr. Jones that the Board will be looking at a drawing/ Map of where he anticipates the following will go; 1 . Parking 2. Lighting Specs and placement of additional Lighting 3. Sign Location and size 4 . Location of Bus Stop Larry Sharpsteen requested that the Town (Code Office) be copied on any correspondence Mr. Jones has with TCAT. Nancy Loncto made a motion to set a Public Hearing for the consideration of Site Plan for Monday, July 14, 2008 © 7:20 PM. Larry Sharpsteen seconded . VOTE AS FOLLOWS: David Hatfield - Aye Nancy Loncto - Aye Larry Sharpsteen - Aye Thomas Ellis - Aye MOTION CARRIED. I Final Approval, Flag Lot Subdivision, Roger Sovocool, Old Orchard Road, Tax Parcel # 12.4-15.32. Lorraine Moynihan Schmitt has reviewed the deed in and the proposed deed out to the parcel(s) together with the abstract and preliminary subdivision map. She is satisfied that the description of the proposed right c f way for ingress and egress is sufficient in both the subdivision map and proposed deed She has also determined that pursuant to Warranty Deed dated June 19, 2003, between Daniel R. Sovocool/Catherine S. Sovocool and Roger Sovocool, a 25% interest in fee of this private road was conveyed to Roger Sovocool so the interest is not merely personal and can run with the land Mr. Sovocool called Lorraine to advise that he wished to make it clear to the planning board that he has absolutely no plans or interest in developing or re-subdividing the retained parcel A -2, and he would have no objection to any such restrictions the planning hoard may wish to impose in this regard. Nancy Loncto made a motion to waive the SEQR Public Hearing. Thomas Ellis seconded . VOTE AS FOLLOWS: David Hatfield - Aye Nancy Loncto - Aye • Larry Sharpsteen - Aye Thomas Ellis - Aye 15 DRAFT U6109/08 PH MOTION CARRIED. The Planning Board reviewed Part I of the Short Environmental Assessment Form completed by the Applicant and completed Part U. No significant Adverse environmental impact or effects were identified in Part U by the Planning Board Members . Nancy Loncto offered the following Negative Declaration Resolution . David Hatfield seconded . RESOLUTION No. PB- 08-84 TOWN OF LANSING PLANNING BOARD RESOLUTION OF STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) NEGATIVE DECLARATION FOR THE PROPOSED ROGER SOVOCOOL OLD ORCHARD ROAD ONE LOT MINOR SUBDIVISION WHEREAS, an application was made by Roger Sovocool, for subdivision approval of a one lot residential subdivision of certain land located on Old Orchard Road, Lansing, New York and otherwise known as Tax Map Parcel #12.4-15.32; and WHEREAS, this proposed action is an Unlisted Action for which the Town of Lansing Planning Board is aninvolved agency for the purposes of environmental review; and WHEREAS, the Town of Lansing Planning Board, in performing its independent and uncoordinated environmental review in accordance with Article 8 of the New York State Environmental Conservation Law - the State Environmental Quality Review Act ("SEQR" ), (i) pursued its thorough review of the applicant's completed Environmental Assessment Form Part I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, and (ii) thoroughly analyzed the potential relevant areas of environmental concern of the project to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 617. 7(c), and (iii) reviewed and completed the EAF, Part II on the record ; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: • 16 DRAFT 06/09/08 PH r The Town of Lansing Planning Board, based upon (i) its thorough review of the EAF, Part I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) its thorough review of the potential relevant areas of environmental concern of the proposed project to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 617.7(c), and (iii) its completion of the EAF, Part II (and, if applicable, Part including the findings noted thereon (which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance (" NEGATIVE DECLARATION" ) in accordance with SEQR for the above referenced proposed action, and determines that an Environmental Impact Statement will not be required. Nancy Loncto made a motion offering the Final Approval w/ conditions Resolution . Larry Sharpsteen seconded . RESOLUTION No. PB- 0845 RESOLUTION OF THE LANSING PLANNING BOARD APPROVING ROGER SOVOCOOL, OLD ORCHARD ROAD ONE LOT MINOR SUBDIVISION WHEREAS, after submission thereof, the Lansing Planning Board, on June 9, 2008, reviewed a Subdivision Application submitted by Applicant Roger Sovocool, for a minor one lot flag lot residential subdivision of certain land, located on Old Orchard Road, Lansing, New York and otherwise known as Tax Map Parcel #12.-1 -15 . 32; and WHEREAS, the Planning Board has considered and carefully reviewed the requirements of the Town' s Laws relative to subdivisions and the unique needs of the Town due to the topography, the soil types and distributions, and other natural and man made features upon and surrounding the area of the proposed Subdivision, and the Town has also considered the Town' s Comprehensive Plan and compliance therewith; and WHEREAS, the subject parcel is a minor subdivision and this is an Unlisted Action under the State Environmental Quality Review Act which requires environmental review; and 111 17 DRAFT 06!09108 PN WHEREAS, the Town of Lansing Planning Board is an involved agency pursuant to State Law governing local environmental review ; and WHEREAS, the Town of Lansing Planning Board has waived a public hearing concerning the environmental review, pursuant to the State environmental Quality Review Act and GML 239 County Planning Referral and Review is not required per Intermunicipal Agreement ; and WHEREAS, by Resolution adopted on June 9, 2008, the Town of Lansing Planning Board determined that, pursuant to the provisions of the State Environmental Quality Review Act, the proposed subdivision will result in no significant impact on the environment and has issued a Negative Declaration of environmental significance for purposes of Article 8 of the Environmental Conservation Law; and NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: RESOLVED: that the Town of Lansing Planning Board grant Approval of the Application for a minor one lot residential subdivision of certain land located on Old Orchard Road, Lansing, New York and otherwise known as Tax Map Parcel #12.-1.-15. 32 subject to the following conditions/ restrictions: 1 . The retained parcel A-2 shall not be re-subdivided at any future point in time; and 2. The retained parcel A-2 shall remain undeveloped and no permanent structures thereon shall be permitted 3. The above restrictions shall be set forth within any deed of conveyance and upon the applicant' s final subdivision plat. VOTE AS FOLLOWS: David Hatfield - Aye Nancy Loncto - Aye Larry Sharpsteen - Aye 18 DRAFT 06/09/08 PB Thomas Ellis - Aye MOTION CARRIED. *Larry Sharpsteen stated for the record the short SEQR form does not take into account the new NYS Stormwater Pollution Prevention Plan Regulations or the Municipal Law that is in effect in the Town of Lansing with regard to Article Cl. Preliminary Plat, Phase I ( Lots 1.- 12 of 37), Lansing Commons Subdivision, Cayuga Vista Drive, Ron Secord , Owner, Tax Parcel No. 37. 1 -2-53. 222 . Mr. Secord and his Engineer, Wayne Matteson, have been working with the Town Board , Town Engineer, and Town Attorney to secure approval of a septic system which will serve the entire project. He is in hopes that the Public Hearing for the Phase I Preliminary Plat will be scheduled for the July Planning Board meeting . Thomas Ellis inquired about the location of the Storm water detention and the Sewage Area as they are in the same corner. Mr. Seacord stated this is a sealed system and he has left the technical details to his Engineer. Connie Wilcox stated she was in attendance when Town Board Members, Mr. Seacord, his Engineer, DEC and the Health Department met to discuss this plan. All present were satisfied with the proposal. Linda Hirvonen inquired if there would be green space available for children. Larry Sharpsteen stated this proposed development is within walking distance to Town recreational space. Mr. Sharpsteen indicated he believed the Planning Board' s consensus was there is ample space for children within easy distance to the development. Thomas Ellis inquired if Mr. Seacord could designate an area for a bus pull off on Cayuga Vista . Mr. Seacord stated he would pass this request along to his Engineer. Thomas Ellis inquired as a "citizen" if there was language in the Developer's Agreement that clearly states the development and Developer is solely responsible for repairs. 19 DRAFT 06/00108 PB r Connie Wilcox stated this project will be just like a Water District or Stormwater District. Each resident that is being serviced will be assessed within the district. This project will have nothing to do with taxpayers' money. Ms. Wilcox further stated the Developer is putting up a bond in the event that repairs need to be made early in the process . Ms. Moynihan Schmitt inquired from Ms. Wilcox if because of the Waste Water Sewer District over lay, would the Town Board want to take the lead in SEQR? Connie Wilcox responded, yes . Nancy Loncto made a motion per Ms . Wilcox' s request that the Town Board act as the Lead Agency for SEQR in coordinated review process. Larry Sharpsteen seconded . VOTE AS FOLLOWS: David Hatfield - Aye Nancy Loncto - Aye Larry Sharpsteen - Aye Thomas Ellis - Aye MOTION CARRIED. Nancy Loncto had concerns with the following in the Deed Restrictions; Amendment of restrictions. For so long as J.R.S Realty is the owner of any of t& lots that we subject to these restrictions, any of the above restrictions may be changed, modified or terminated with J. R. S Reahy. In the event J. It. S Realty is not an owner of any property subject to these restrictions, the approval of the owners of 76% of the lots in the subdivision shall constitute authorintion for the arnendmcnt, exemption, alteration or change in any one or all of the foregoing counts, each lot to be entitled to a single vote irrespective of the number of owners of such lot. Ms. Loncto further inquired what if the Subdivision was sold in it' s entirety, then what happens because the owner would be 76 % plus and could do anything. Ms . Moynihan Schmitt states the Deed Restrictions can run with the land . Ms . Moynihan Schmitt will review the wording at Ms . Loncto' s request Ms . Moynihan Schmitt indicated the Planning Board can not set their Public Hearing or act on this proposal until the Town Board has set their Public Hearing for SEQR and act on it • 20 DRAFT 06109t08 YB Larry Sharpsteen made a motion stating provided the Town Board successfully completes the SEQR and the Resolution to accept the SEQR for the proposed Subdivision before the 14th day of July 2008, the Planning would like to schedule a Public Hearing for 7:40 PM on Monday, July 14, 2008 for the Preliminary Plat of the Lansing Commons Subdivision. David Hatfield seconded . VOTE AS FOLLOWS: David Hatfield - Aye Nancy Loncto - Aye Larry Sharpsteen - Aye Thomas Ellis - Aye MOTION CARRIED. Site Plan Review, Lansing Business Center expansion, Applicant; S. E . E . Associates, Tax Parcel No. 37. 1 -3 - 1 . 2 , 3109 N. Triphammer Road . Andy Sciarabba would like to expand the building to enable the Dance Studio to accommodate more clientele. Some Parking will be added closer to the building, as will a new small parking area onthe side for the Nova Sterilis Tenants. The paved. area along Peruville and N. Triphammer Roads will be eliminated and replaced with grass and low plantings. There will be 69 parking spaces . One wall pack light will be added to the building and an existing one moved to another location. The total expansion will disturb less than 1/4 acre. Larry Sharpsteen made a motion to waive the Public Hearing on the Application . Nancy Loncto seconded . VOTE AS FOLLOWS: David Hatfield - Aye Nancy Loncto - Aye Larry Sharpsteen - Aye Thomas Ellis - Aye MOTION CARRIED. Thomas Ellis made a motion to waive the SEQR Public Hearing. Larry Sharpsteen seconded . VOTE AS FOLLOWS: David Hatfield - Aye Nancy Loncto - Aye Larry Sharpsteen - Aye Thomas Ellis - Aye • 21 DRAFT 06/09/02 PB MOTION CARRIED. A 239 must be filed with the Tompkins County Planning Department for their comments before a final Site Plan approval can be given. The Planning Board reviewed Part I of the Short Environmental Assessment Form completed by the Applicant and completed Part II. No significant adverse environmental impact or effects were identified. in Part II by the Planning Board Members. Discussion with Pete Peters, about requirements for " Nature Preserve " adjacent to his property owned by Chris Muka, Tax Parcel No. P/O 21.-1-3. 32. The Planning Department has been advised by Town Attorney, Guy Krogh, that it appears that Mr. Muka's "Nature Preserve" does not fall under the "outdoor recreation" use, as listed in the current Land Use Ordinance. • A.24. Commercial recreation. A recreational facility operated as a business and open to the public for a fee. Mr. Krogh also advised us that it is the official policy of NYS, by statute, to encourage the use of private land as open land for recreation as set forth in General Obligations Law Section 9-103. Mr. Muka has informed us that he consolidated the balance of the property to Common Land Inc. , so that the land in question becomes one parcel . Other Business Thomas Ellis brought up the need for an Alternate since Mr. Zuidema had resigned . Again, the Members reiterated what a great job Mr. Zuidema had done for the Town Planning Board . Matthew Besemer, Town Board Liaison stated the Nancy Lo.ncto, Lin Davidson and Scott Pinney, and himself would be meeting on Wednesday, June 4, 2008 in the AM to discuss a plan of action on moving forward on the Zoning changes. Larry Sharpsteen inquired from other Planning Members if they had reviewed the response that the Town Board had made with regards to the Planning Board comments on Site Plan Review . In addition, Mr. Sharpsteen stated the Town Board responded to the Planning Board 's concerns by the revisions they made in the Schedule I proposal . A majority of the changes they were requesting, they now rescinded on based on the Planning Board comments . 22 r DRAFT 06/09/08 PB Lorraine Moynihan Schmitt inquired if a Committee for Zoning changes will be formed . Matthew Besemer indicated that will be discussed . Connie Wilcox advised all there is still a timeline for the Zoning changes. Ms. Wilcox indicated she is unsure what Ms. Loncto is speaking about when she says this "100 item List" . The Town Board went over a large list and incorporated it into the schedule. Nancy Loncto requested that the record reflect her request to have the " 100 Item List' considered at the same time that the Town Board looks at their Zoning and that the "100 Item List be appended to the Planning Board Minutes . Nancy Loncto made a motion to adjourn the meeting at 9:30 PM. David Hatfield seconded . 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' ' 1. f CT -ikekCjiCajo 1 - 1 0 c) rarirk 13Orrl, & €X4Ci-rV: )CCL-- _adadaitoll / 11 LA o�� t t� • ' r /Y (C4 jfk I P, „1 4., , A.,„:/ .4,44 7 1 f• Aft,.., Ii , , At ; - , i0 rarif i *Stra Ate-, 96 AlAaF(Arde; 44Erszer 4J Y 4 : NoRm4 ,4tD 2 QAi pe 3r6 VE5igge 31 SEttrw or2_ 9-pr A ') '" c Alt 6in&g._ cls,„.„,„ J ,, \ Rcirizci _ http : //www . lansingtown . corn/ 0 To4ym4 -- is_ P4c5 7)br4 )24,1 -,Li _ hfracgAREIA. o Int , STS Zoo late 7 gA 6 Town of Lansing Planning board Meeting June 9, 2008 Visitors Please Sign In Below : (Please Print) Name Address L �. l _ Aiik http : //www . lansingtown . comi 1 I S Town of Lansing Planning Board Meeting J u.ne 9, 2008 7: 15 PM Lansing Town Hall - Large Court Rm . http;j/ww . lansingtown.com/ Agenda . PB Member Copy Time: Agenda Topics • 7 ; 20 P . M , SEQR Public Hearing, WB Property Group LLC for a proposed 138 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 _ .f fanning Department Comments — The purpose of this hearing is to hear comments ,fr -om the public and make residents crkvare of the proposed project, We c vpeo! to go through Part f and ask jar corrr.rraenls .from the public. For this .projeci we ,feel that a would be advisable to leave the public hearing open so that comments May be received, fart. 2 can be completed cu a later cfclr . 7 : 40 P. M . SEQR Public Hearing, Donna Moore , for the approval ola Flag Lot Subdivision located at 15 Asbury Road , Tax Map Parcel 437 , 1 - 8 - 1822 , !'fanning Department comments — The Tompkins County Health Departmer : recommended that the resolution appr'ovin , the flag lot contain language protecting the area where fire leach field encroaches on the proposed 30 ' access strip which will corn:ect the rear lot to Asbury Road 7 7 : 511 P. M. Public Hearing on Application by Donna Moore, Owner, fix e Flag Lot Subdivision located along Asbury Road ( Rh District), "rax Rita !) Parcel # 37 , l - 8 - 18 . 22 . Manning Department Comments — 1f approved, the frantagelhr the front lot will be 89. 57.feet (75 ' required) , The rear lure will be moved to be even with to adjacent rear lot line (approx. 200 )- iThe .rent lot will be approximately 24, 437 square feet where 20, 000 square feet per dwelling unit is required. The area of the -flag let minus the h Oeeess strip will be approximately 77, 417 square .feel. : 50 P. M . SEQR Public Hearing Richard Pinney, for the approval off' e Flag Lot Subdivision located along Triphammer Terrace, Tax Map Parcel 4 in 40 . 4 - 14 , 322 . Planning Department Onnnaents — :fir, Pinney, 's inrentieree ere to remove the existing dilapidated barn and create two building lots. One lel will here the required 151 'fi'oetage en Triphammer Terrace. The second lot, with only 90 ' offrontage will be considered e flag lot, The area of the .fiag lot wilt he approximately 64, 588 square ,feet which exceeds the 1 . 5 times 40, hhh per dwelling unit Teri rrtre meet. 9 : 10 P. M . Public Hearing on Application by Richard Pinney, Owner, for e jai Flag Lot Subdivision located along 'Triphammer Terrace ( R l District ) ; Lansing, New York and otherwise known as Tax (Flap Parol # 40. -4 - f 4 . 322 - .ilannln Department comments — See comments above- S : IS P. M . Site Plan Review, East Shore Skate Park, LLQ , Applicant ; Pee Jones , 2073 E . Shore Drive , Tax Parcel No . 17 . 1 - 2 - 3 , Planning Department Comments.. — Lire: .Shore Skate Park hI ' plans to operate an indoor skate pork in the old Egan 's building. indoor reereet£en Is allowed in the 81 District, .4 sign wall be installed and the building will be painted. There will be no additional lighting or - paving 8 : 25 P. hh . Final Approval , Flag Sri Subdivision , Roger hororool , owner, Old Orchard Road , Tax Parcel no . I2 . - 1 - 15 . 32 . Planning Department comments -- Lorraine has reviewed the deed in and the proposed deed out to the parcel(s) together with the abstract and yvelieniea + _y subdivision wrap, She is satisfied that the description of the proposed right of we br ingress aril egress is sufficient in both the subdivision Map and proposed. deed, She has also determined that pursuant to Wctrranty Deed dated lane 19, 2003, between Daniel It Soweto /7Oetherlee S- Sevoeool and flogew - .Srrr'ocool, e h5 interest in fee of this private road was r ® conveyed to Roger Sovocool so the interest is not merely personal and can run with the land. Mr. Sovocool called Larriane to advise that he wished to make it clear to the planning board that he has absolutely no plans or interest in developing or re-subdividing the retained parcel A -2, and he would have no objection to any such restrictions the planning board may wish to impose in this regard. 8 : 30 P. M . Preliminary Plat , Phase I ( Lots 1 - 12 of 37 ), Lansing Commons Subdivision, Cayuga Vista Drive, Ron Secord, Owner, Tax Parcel No . 37 . 1 -2 - 53 . 222 . Planning Department comments — Mr. Secord and his engineer, Wayne Matteson, have been working with the town board, town engineer, and town attorney to secure approval of a septic system which will serve the entire project. Lie is in hopes that the public hearing for the phase I preliminary plat will be scheduled for the July Planning Board meeting. 8 : 40 P. M . Site Plan Review, Lansing Business Center expansion , Applicant ; S . E . E . Associates, Tax Parcel No . 37 . 1 -3 - 1 . 2 , 3109 N . Triphammer Road . Planning Department comments — Andy Sciarabba will explain the plans to expand the building and parking, and eliminate • replace paved areas along Peruville and N Triphammer Roads with grass and low plantings. The total expansion will disturb less than 1/4 acre. 8 : 50 P. M . Discussion with Pete Peters, about requirements for '`Nature Preserve" adjacent to his property owned by Chris Muka, Tax Parcel No . PIO 21 . - 1 -3 . 32 . Planning Department comments — Our office has been advised by Town Attorney, Guy Krogh, that it appears that Mr. Muka 's ":Nature Preserve " does not ill under the " outdoor recreation " use, as listed in the current Land Use Ordinance. A . 24. Commercial recreation . A recreational facility operated as a business and open to the public for a fee. Mr. Krogh also advised us that it is the official policy of NYS. by statute, to encourage the use of private land as open land_for recreation as set .forth in General Obligations Law Section 9- 103. Subdivision of Muka property — Mr. Atka has informed us that he intends to consolidate or deed the balance of the property to Common Land Inc. , so that the land in question becomes one parcel .