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Home My WebLink About2008-11-03 APPROVED AMENDED 11124108 • Town of Lansing Monday, November 3, 2008 7:15 PM PLANNING BOARD PLANNING BOARD MEMBERS Nancy Loncto • Torn Ellis Larry Sharpsteen ' Lin Davidson , Chairman Viola Miller David Hatfield Matthew Besemer, Town Board Liaison Jeffrey Overstrom , EIT ' Lorraine Moynihan Schmitt, Esq . Public Present Wayne Matteson Ron Seacord • April Krueger Dustin Kryszczuk Michael Krueger Bob Southworth Ron Ronsvall.e Jim Bentkoski Che-Yu Li General Business Lin Davidson called the Planning Board Meeting to order at 7: 15 PM. Public Comments/Concerns Mr. Davidson, Chairman inquired if there were any Public Bodies present that would like to make a statement. There were none . Member/Counsel Comments/Concerns Viola Miller stated the Planning Board can hold Meetings without a quorum for discussion purposes, however, no action could be taken on projects . I 1 APPROVED AMENDED 11/24/08 . Thomas Ellis inquired from the Chairman if he had heard anything from the Town Board with filling the vacant position (s) on the Planning Board . Lin Davidson indicated he had not . Nancy Loncto inquired if there is a NYS Town Law that could be pointed out to the Town Board with respect to what is required for a Planning Board . Lorraine Moynihan Schmitt stated she has already scheduled time with the Town Attorney to discuss filling the vacancies on the Planning Board . SEQR Review-1 Lot Exempt Subdivision, Applicant: Richard Cook, Davis & Fenner Road , Tax Parcel # 10 .- 1 -24 Dustin Kryszczuk appeared before the Board. on Mr. Cook' s behalf. Mr . Krysczuk is purchasing the parcel from Mr . Cook. After reviewing the Ag Data Statement provided by Mr. Cook, it was found to be incorrect. The Data Statement indicates that Fly Ash is located on the entire tax parcel , however, Mr. Kryszczuk states it is not on the property he is purchasing (Parcel A) , only on Parcel 13 . The Planning Board requested that Mr. Cook • complete a new Ag Data Statement indicating that the Fly Ash is only on Parcel B that he is retaining. The Planning Board reviewed Part l of the Short Environmental Assessment Form completed by the Applicant and completed Part II by the Planning Board Members . No Significant adverse environmental impact or effects were identified in Part II by the Planning Board Members . Nancy Loncto made a motion to declare a negative declaration contingent upon a notice to the Planning Board from the Planning Department indicating an amended Ag Data Statement from Mr. Cook has been received indicating the Fly Ash is not on Parcel A . Thomas Ellis seconded . VOTE AS FOLLOWS : Thomas Ellis - Aye Nancy Loncto - Aye Viola Miller - Aye Lin Davidson - Aye MOTION CARRIED . • Further Discussion- Exempt Subdivision 2 APPROVED AMENDED 11/24/06 • • Nancy Loncto had great concerns with the Planning Department not providing a checklist to the Planning Board Members on Exempt Subdivisions . Mr. Overstrom explained that it was his understanding that there has not been a checklist presented to the Planning Board Members for Exempt Subdivisions . The Code Enforcement Officer would review the proposal according to the Town's Subdivision Rules and Regulations and then he would then present them to the Planning Board at their scheduled Meeting. Ms . Loncto read the following from the Subdivision Rules & Regulations • Sec. 401 . Notice to the Planning Board : Upon making any determination relating to an Exempt Subdivision application the Enforcement Officer shall give prompt notice of such determination to the Planning Board . If any Exempt Subdivision status was granted, the Enforcement Officer shall deliver a copy of the sealed drawing, map , sketch , Sketch Plan and/or Survey to the Planning Board . Jeff Overstrom advised the Board, the Planning Department will move forward. and provide such information in the future . • Ms. Moynihan Schmitt noted for the record this is a new Local Law and the Planning Department is embarked on a new way of going about this type of approval . Preliminary Plat-Lansing Commons, Cayuga Vista Drive, Tax Parcel # 37 . 1 -2-53 .222 Nancy Loncto states she received correspondence from Ruth Hopkins, a Lansing resident with concerns regarding the Lansing Commons proposal . Ms. Loncto read them as follows; 1 . " I note that the development makes efficient use of land, but I note there is no accommodations for non motorized transport other than using the Town road" Discussion; Thomas Ellis inquired about the Town Road Specs changing as noted in the plans presented . Jeff Overstrom stated the Town Highway Supervisor is reviewing the Road • Specifications and they may be changing . Mr. Matteson & Mr. Seacord have been made aware of possible change. APPROVED AMENDED 11/24/08 Lin Davidson indicated in a prior Planning Board Meeting, sidewalks or paths were discussed . Thomas Ellis inquired about a pull off for public transportation . Mr . Seacord stated he talked about putting one at the corner of Woodsedge and Cayuga Vista . Ms . Hopkins 2"d concern; 2 . " I have spoken with the Town Planning Department about the Town' s financial responsibility for maintenance of the Sewer package . My concern revolves around town responsibility in the long term and in the instance that all of the lots are not built and there are fewer than anticipated residents to pay for maintenance. I ask that the Planning Board make a review of what financial liability may be faced by the Town if the development is not built out in the planned time frame " . It was the consensus of the Planning Board Members as well as Legal Counsel for Ms. Loncto to refer Ms . Hopkins to the Town Board with her concerns . Thomas Ellis brought up for discussion that possibly Townhouse will be built in • Phase III and with water and sewer the lots will be required to be 8, 000 sq . ft per dwelling unit. Mr . Ellis indicated the lots are not large enough therefore two lots would be required which will drop the number of lots in Phase III . After a lengthy discussion , the Board Members were unclear as to how to interpret the Schedule II with respect to the required square footage needed . Ms . Moynihan Schmitt suggested that the Board obtain a legal opinion with regards to the dwelling units and square footage required for this proposal . It was agreed that Phase I will be residential homes, and there would not be enough footage per lot. ( Ms . Loncto referred to her previous notes that indicate for Phase I only, settle on Townhouses versus Single Family Residences) . Nancy Loncto indicated for the record that had the Planning Board had legal Counsel present at numerous Meetings in the past, this confusion / dilemma would not have occurred . Lin Davidson stated at the August Meeting he attended, discussion around multiple units were discussed . FDA versus Subdivision was discussed , but because every use that you could think of was allowed in that district, there was • no need for a PDA . 4 APPROVED AMENDED 11/24/08 • Wayne Mattison stated after discussing the project at the August 08 Meeting it seemed to be the most logical way was to stay with the Subdivision . Ms. Moynihan Schmitt advised Mr . Seacord and his Engineer, Mr . Mattisonthat she believes there is a big problem with density in the proposal . Ms . Moynihan Schmitt would like to get further legal counsel from the Town Attorney . Nancy Loncto also requested that Ms . Moynihan Schmitt research for the Planning Board to see if a FDA can be fast tracked, due to the delays that Mr . Seacord has encountered . The Planning Board Members agreed they will even consider Special Meetings . The Planning Board requested Ms. Moynihan Schmitt return with a prepared plan and commitment letter from the Developer in order to move forward. If legal counsel determines that an Area Variance if required, the Planning Board would offer the following recommendation ; Thomas Ellis made a motion stating if Counsel should determine that ZBA is a viable and legal vehicle to consider an Area Variance to ameliorate the dilemma the Planning Board is facing between lot size/ density , all other things being in place, the Planning Board would favorably support such a Variance in this case . In addition, the Planning Board is dealing with a change of leadership in the Planning Department and the Planning Board is unsure of what was done or said • in the past, as well as not having Counsel present at past Meetings. Nancy Loncto seconded. VOTE AS FOLLOWS : Thomas Ellis - Aye Nancy Loncto - Aye Viola Miller - Aye Lin Davidson - Aye MOTION CARRIED. Site Plan Review- Sparks Studios , 1104 Auburn Road, Tax Parcel # 8 .- 1 - 16 Ms . Krueger presented the following description of her proposed Studio; • 5 APPROVED V ED AMENDED 11 /24108 410 Applicant: April Krueger 192 Creek Road Locke, NY 13092 e.} Existing building and land uses on the site and adjacent properties include three greenhouses, fourteen hasp houses, cold frames, apple ort=hid and gardens,_jfire build tywdnO " tudios vv ll locate has a Tea ' oarn in the basement, the first Mac is 'moat, and Speak Studios will be on the second floor. f.) Proposed building aid land uses; Spark Studies -will offer small group (about 10 people at a rime) ask private dance Lewis. a Abetsmall group aid private guitar and bass lessons. Opera attic Otudiu app is available for students 0 work on art projects when lessons are not in session . Them is a mail room within the studio for individual music lessons sir prtttiies. lye addition, a free books club said One photo club will meet in the s•pate 'when lessons are not =wring. 'here is altto4y a padding lot ern the. premises, and since our cors sizes are small thea will be mirriraei corning ands goitig activity. m; There wine no changes to the property and no lighting added. a.) Brief s tenrent Scribing the project: Spark Studios is a line arts studio for all ages, offering a variety of group cold private lrrae.as, an open art studio, and her clubs. Classes include adult 40 Pellet, adult lyrical, stretch and strengthening, creative dance for children, wen lyrical and choreography, private dance instruction, group guitar and -b lemons, private grrltaz and bass lessons, idrildrexa' s art tdre; Opat ant studio, free book crab, file photography slab, and a writer' s workshop, The Planning Board reviewed Part l of the Short Environmental Assessment Form completed by the Applicant and completed Part H by the Planning Board Members . No Significant adverse environmerrtel impact or effects were identifies/ in Part lI by the Planning Board Members . Thomas Ellis made a motion to declare a negative declaration. Nancy mono seconded , VOTE AS FOLLOWS : Thomas Ellin - Aye Nancy Locola - Aye Viola Miller - Aye Sin Davidson - Aye MOTION CARRIED. Nancy door to made a motion to accept the Site Plan Approval as submitted _ Viola Miller seconded . APPROVED AMENDED 11124108 . VOTE AS FOLLOWS : Thomas Ellis - Aye Nancy Loncto - Aye Viola Miller - Aye Lin Davidson - Aye MOTION CARRIED. Site Plan Review-Ron Ronsvalle (LK Technology Group, LLC), 17 Ridge Road, Tax Parcel # 31 . -6-10 Ron Ronsvalle of Lansing Center Associates plans to rent space in the newly renovated building at 17 Ridge Road to LK Technology Group , LLC. LK Technology will use the space for commercial assembly and supporting offices which is permitted in the 31 District, but requires Site Plan Review . A Site Plan was previously approved several years ago when the building was renovated . Thomas Ellis inquired if there would outside storage . Mr. Ronsvalle advised none . Delivery trucks would be Federal Express approximately two (2) times per week. Fumes produced from a small amount of alcohol used to clean the parts will be vented outside through a fume hood . All waste will be removed from • site . All chemical materials will be on site in a locked facility . Currently there are six employees with expansion for approximate two to four more . Approximately four times per year there will be a maximum of four clients visiting at one time . The Planning Board reviewed Part I of the Short Environmental Assessment Form completed by the Applicant and completed Part tl by the Planning Board Members . No Significant adverse environmental impact or effects were identified in Part H by the Planning Board Members . Thomas Ellis made a motion to declare a negative declaration . Nancy Loncto seconded . VOTE AS FOLLOWS : Thomas Ellis - Aye Nancy Loncto - Aye Viola Miller - Aye Lin Davidson - Aye MOTION CARRIED. Nancy Loncto made a motion to accept the Site Plan Review as presented . Viola • Miller seconded . 7 APPROVED AMENDED 11124/08 • VOTE AS FOLLOWS : Thomas Ellis - Aye Nancy Loncto - Aye Viola Miller - Aye Lin Davidson - Aye MOTION CARRIED. Other Business Nancy Loncto inquired how the Planning Board was so lucky to have Ms . Lorraine Moynihan Schmitt in attendance this evening, and who makes that determination . Mr . Overstrom explained that either he or the Planning Board Chair can make that call after discussing it among themselves . This change was the result of new policies instilled for the Town Planning Board from the current administration . Nancy Loncto encouraged Mr. Overstrom and Mr. Davidson to consider sharing Planning Board packets with Ms. Moynihan Schmitt even though she may not be attending the Meeting. Ms. Moynihan Schmitt indicated she would not have to do a very detailed report of every Application , however, she does feel it is • important that she has all the paperwork at her finger tips just in case something comes up . Further Subdivision Discussion-Anthony Hay Mr. Overstrom advised the Board that Mr . Hay did not file his original approval Subdivision plat plan from 2005 . What Mr . Hay filed was a copy of a Boundary Change signed by the Code Enforcement Officer . After further discussion with the Board, it was determined that Mr. Hay must return to the Planning Board for Subdivision Approval on the original proposal . Nancy Loncto made a motion to authorize Ms. Moynihan Schmitt to write a letter to Mr. Hay advising him that he must return to the Planning Board for Subdivision approval . Lin Davidson seconded . VOTE AS FOLLOWS : Thomas Ellis - Aye Nancy Loncto - Aye Viola Miller - Aye Lin Davidson - Aye • MOTION CARRIED. S APPROVED AMENDED 11/24/08 • Cancellation of November 10, 2008 Planning Board Meeting It was the consensus of the Planning Board Members to cancel the scheduled Meeting for November 10, 2008 due to lack of Agenda items due to this Special Meeting . Approval/Denial of October 27, 2008 Minutes Thomas Ellis made a motion to approve the Minutes as presented . Nancy Loncto seconded . VOTE AS FOLLOWS : Thomas Ellis - Aye • Nancy Loncto - Aye Viola Miller - Aye Lin Davidson - Aye MOTION CARRIED . Other Business • Thomas Ellis expressed to the Members that he is concerned with the transition in the Planning Department and would like to offer the following; Thomas Ellis made a motion offering to the Town Board that the Planning I3oard take back the " in-House" Site Plan Reviews and Exempt Subdivisions for a minimum of six months, if not longer, to allow the Planning Department time to transition . Nancy Loncto seconded . VOTE AS FOLLOWS : Thomas Ellis - Aye Nancy Loncto - Aye Viola Miller - Aye Lin Davidson - Aye MOTION CARRIED . Thomas Ellis made a motion to adjourn the Meeting at 9 :07 P. M . Lin Davidson seconded . VOTE AS FOLLOWS : Thomas Ellis - Aye • Nancy Loncto - Aye Viola Miller - Aye 9 APPROVED AMENDED 11124/08 • Lin Davidson - Aye MOTION CARRIED. • S 10 Town of Lansing Planning Board Meeting • November 3 , 2008 Visitors Please Sign In Below : (Please Print) Name Address alincr. 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