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HomeMy WebLinkAbout2008-Pages from 2008 PB binder front pocket Page 1 of 1 Tolcodes From : " Dan Veaner" <dan@lansingstar.com > To : "Tolcodes" <tolcodes@twcny. rr . com> Sent: Friday , March 20 , 2009 1111 AM Subject : Re : Pd Advertisment- error Hi Rachael , All set and l even made it a link . Best, Dan Dan Veaner Editor , Lansing Star Online PO Box 299 Lansing , NY 14882 ( 607 ) 533 - 4567 www . LansingStar . com Tolcodes wrote : Good Morning Dan, lam requesting that you correct the email address listed in the paid notice . It should be: tolcodes@twcnv . rr.com Thank you, Rachel 3/20/2009 Page 1 of l Tolcodes From : "Tolcodes" <tolcodes@twcny . rr. com > To : " Dan Veaner" <dan@lansingstar.com > Sent: Friday, March 20 , 2009 8 :41 AM Subject: Pd Advertisment- error Good Morning Dan, I am requesting that you correct the email address listed in the paid notice . It should be: tolcodes© tweny . rr.com Thank you , Rachel 3/2012009 Page l of 1 • Tolcodes From : "Tolcodes" <tolcodes@twcny . rr.com> To : "Dan Veaner" <dan@lansingstar. com> Sent : Wednesday , March 18 , 2009 9 : 08 AM Attach : April 13 , 2009 Training . pdf Subject : Town of Lansing Training Hi Dan, I wouldlike to have this notice printed in your upcoming issue of the Lansing Star . Please remit bill directly to my attention . Any further questions or concerns, please contact me at 533-7054. Thank you , Rachel 3 /20/2009 r .1\ . Xr�� • TOWN of LANSING l. \\1/4 Cc ., "Nome of I nduntry, Agriculture and Scenic Beauty " ' �� • 1 4✓Fi, ♦ ZONING , PLANNING AND CODE £ NFOHCIOIENT F" 1 Boa 186 % . 11,1 „ Lansing, NY 14882 • &-mail: tolcodes8tacny. rt.com Town of Lansing New York Planning federation Training Session : Apri113, 2009 at 6:30 p.m.. at the Lansing Town Hall. 29 Auburn Road, Lansing, New York Mr. Scott Chatfield , from the New York State Planning Federation, will be offering a free training seminar addressing best administrative practices and the roles and responsibilities of the parties involved in town land use and planning: Planning Board, .7,}311, Town Board , Planning & Zoning Department/ Engineer and Planning Coordinator, Code Enforcement Office, and Planning & Zoning Committee . You may submit your specific questions in advance for Mr. Chatfield to a.ddxess at the training session by sending them directly to the Town of Lansing Planning Department at Tolcodes@twcny .rr.com . The questions will be forwarded in advance of the training session to Mr. Chatfield . Questions will also be encouraged during the training . Members of the community at large are encouraged to attend, as well as other officials from Towns throughout Tompkins County. A sign in sheet will be available for those who would like this training session to count towards their four hours of New York State required training . You must provide the contact information for the Town you would Iike notified of your. training . Page loft Tolcodes From : "Tolcodes" <tolcodes©twcny . rr .com > To : " Nancy Loncto" <njs6 © Einaudi . Cornell . edu > Sent : Monday, March 16 , 2009 8 : 58 AM Subject : Re: Cayuga Farm Town Houses Yes, will do. Rachel Original Message From : Nancy Loncto To : Tolcodes Sent : Monday , March 16, 2009 8 : 26 AM Subject : RE : Cayuga Farm Town Houses Dear Rachel , I am headed out of town on work tomorrow morning to DC . Would it be possible for you to put my packet in the mail as I will not be returning until late on Sunday ? Thanks for your consideration . Nancy 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 . 3/ 16/20 c � .3/ / co 09 E Ji •ca 47 Ai ( rQ � 4 ,,- Parc 1 oft 1ekceptf e._ ‘--L-3/4.4c ct ii : 1 Tolcodes From : "Marc A. Catone" <marc_catone@yahoo. com> To : <tolcodes@twcny. rr.com> Sent: Friday, March 13 , 2009 11 : 55 AM Subject: Cayuga Farm Town Houses Dear Planning Board Members, I live at 25 Atwater Rd in the Town of Lansing . i was unable to attend the recent meeting about the proposed Cayuga Farm Town Houses , and I realize another meeting Nvi11 occur in the future , but in case I can't attend that one, I wanted to let you know my thoughts on this now . I read the article about the meeting in the Lansing Star, and find that 1 concur with the many opinions • expressed that there are a lot of unanswered questions about many aspects of this proposed project . I am concerned about the environmental impact on the area, but as someone who has traveled Triphammer Rd almost daily for over 30 years, I am most distressed over the impact this project will have on traffic . . . particularly traffic trying to access Triphammer from l-lillcrest, Asbury Dr, Horvath , and last, but certainly not least , Asbury Rd . I find it amazing that the traffic study done by the builders, showing well over 6,000 vehicles traveling on Triphammer each day, is not considered to be a major concern . Traffic is a nightmare all ready for anyone trying to access Triphammer from the aforementioned roads, especially at the intersection of Asbury and Triphammer . Just yesterday , there was a major accident there . The traffic increase because of Cayuga Farm Town Houses would be an unbelievable problem for • motorists . l do not think a bus route to and from the project would alleviate that situation . Thetnly thing that might calm traffic down , it the Town Houses were built, is a traffic light at the intersection of Asbury Rd and Triphammer, which you may know takes a long time to be approved . Just wanted to share my thoughts on this . Sincerely, Marc Catone • 3/ 16/2009 Page 1 of 1 Tolcodes From : "Tolcodes" <tolcodes@twcny . rr. com > To : " Lin Davidson" <nldl @comell . edu> ; "Lorraine Moynihan Schmitt" < LSchmitt@thalerandthaler . com> Sent : Monday , March 09 , 2009 929 AM Attach : 2009 PB Resolutions - Motions . xls Subject: 2009 PB Resolutions - Motions Lin and Lorraine, Please update your files accordingly . Thank you , Rachel 3/9/2009 Page 1ofl Tolcodes From : "Lorraine Moynihan Schmitt" <Ischmitt@thalerandthaler.com > To : "' Lin Davidson"' <nldl @cornell . edu > ; "'Jeff Overstrom '" <joverstrom@twcny. rr . com> Cc : " 'Tolcodes"' <tolcodes@twcny . rr. com> Sent : Monday, February 23 , 2009 9 :49 AM Attach : 2-23-09 Lansing Commons Resolution To Recommend to TB Conditional PDA Approval , doc Lin & Jeff: Given the amount of public we expect at tonight' s meeting, i think we will want to have hard copies of the draft resolution available after Lin weighs in on any other proposed conditions (e . g; walkways, . . . etc . ) - and / or an overhead slides of the resolution and the Statement of Intent and Addendum. thereto . . I think we will want to have some project description and maps posted for public review as well and an easel available for the developer to answer questions . . . I think extra effort in preparation could be extremely helpful for the board and the planning department in the long run . Let me know what you think and howl can help . Thanks, Lorraine Lorraine Moynihan Schmitt, Esq. Partner, Thaler & Thaler 309 North Tioga Street P.O. Box 266 Ithaca, New York 14851 -0266 Telephone: (607) 272-2314 Facsimile: (607) 272-8466 Confidentiality Notice: The information contained in this email message may be legally privileged and contain confidential information, and is intended only for the use of the individual or entity to whom it is addressed. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this messages is strictly prohibited. If you have received this email in error, please iuuncdiately 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. 2/23/2009 Page 1 of 1 Tolcodes From : "Tolcodes" <tolcodes@twcny. rr . com> To : "Timothy Buhl' <tcbuhl@verizon . net> Sent: Thursday , February 12 , 2009 2 :31 PM Subject: Cayuga Farms-Lg Drawings Please provide us with a set of the large drawings for Cayuga Farms as requested by Jeff. Thank you, Rachel 2/ 12/2009 W Page Iof. 2 Tolcodes From : " Lorraine Moynihan Schmitt " cIschmitt@thalerandthaler.com > To : "Jeff Overstrornm cjoverstrom twcny . rr_com > : " Lin Davidson ' cnld 't@cornell , edu > ; "'Nancy Loncto" cnjse@Einaucli . ornell , edu > Cc : "Tolcodesr'r < tolcodes twcny . rr . com > Sent : Tuesday, February 24 , 2009 3 : 12 PM Attach : SEQRA Notice of Intent - Cayuga Farms _doc Subject: Cayuga Farms SEAR Please see attached prepared Planning Board Notice of Intent to Act as Lead Agency in the Cay >r1.ge] Farms SEQR review . this same fen: m can be used for any Future projects . Please a-.ote that the .N I should be attached to a List of .recipients and the packet needs to include the applicahon materials as well as the. LEAF . 'The preliminary .I dit I Agencies that I have identified are as follows : Tompkins County Planning Department Village of Lansing Village of Cayuga Heights DH OCT NYSDEC Bolton Point Sewer &z Water Districts ISOPRHP Lansing Housing Authority "Tompkins County Ind ustrial Development Authority (Empire Zone) Please let me know if you need anything else at this point Thanks, Lorra i ri Lorraine Mori ikin n SCI' intiLt, Esq. Purim Hrr 'rhprtr & Thaler 309 Norllti "I'ioga SLnu1 Pio. Bc 's 261i ill- aca, Nem York 11851 -0266 tail41 31u: (6417) 272-2.314 I7ar=sinliLe ; (607k 272-m56 Confident inlitLVolir4 ; The inl'urrnaliun COM in this {'Min II IIIussagi! ntoy be legally privitugcd owl contain confidential infuirnlatinn, Mild is intended iinly fur the tike of the indivicItin' 01 eniily to Yell rim it i5 utldreaseiI , II the readwr Ci[ this JneRsa Re is not Ike Rcnclerr recipient, you hereby ricnified ilini any dis' iiiination, distribution, 411 copying 01 Ihis mus.sagq i strictly pno]1ib1ItL. if ytiu hada nxcive€l this email in error, please immediately "oh ly us 1}y h'Icphnne. (61)7.2 2-231J1 }, by fax (6/07-??2-ii4L64 it nil l) nuturn gnr,lil ;trLd delete Rhi message, IF you have! 111.01 formally retained Ihis firm for IORO I ,L:rvicesr Ithen We are 11 I y')Ii all gr furs and neitlaur lllis Cr ill nunicatinn i16r aLny atigichnlcnis heTeio C4 " 1St itu to R]1,2 piovLsini1 {lf ]czal ien.' iCcS Ur tJlc! 4'S I Lal in confirm .ii itin of 3Ji a1 Rorilcy-cJiei ii rel a�InJ1shi]1 , 2/25!2009 I Pa2e2of2 From : Dawn Torde? [ maiito : citerdeI thalerandthaler , com] Sent : Tuesday, February 24r 2009 L25 PM To : ' Lorraine (Moynihan Schmitt' Subject : Daum h4 . I., fordcl I'arategJI Thaler & '['haler 309 N . Tioga. Sueet P.O . 13ox 266 [thaw , NY 14851 I': (607) 272-23 ] 4 F1.: (607) 272-6466 Cunlider' IFa! ily Nodee: The iidoriiiailion contained in Ill is lnail message nLay be Ic531Jy privileged atlIA Gunk iii con lidenIrid iii fl}flh3 Oil, and is IJIILCIIded only for die use urine individual or oniiiy [0 who it is :icldrutiscd, IriIic regicitl of iJu]s i1les3acc is nail the intended recipient, you are Iicruh>. noii (lc{I 1Ini ally disscIi1InalwwlL disiribulion, or eol1Yin 0rillis message Is Slricily prul] ibiLed . Iry'ou have received Illis email in error, piens!: immccliliiely nobly as by telephone (firs-232-2.1 ] 4), by lax (607.272-$466)_ or by itiutrn cirviil , delete this message, kIind dcstioy any copies or prinl •4Uts of this message. Thank you. In acrnrclain:C wIIII ] id IcUiI Revilatic Scraimm Circular 230, We inform yuu IIi 11 any discussion or II t•edernl issue curio hied iii this comnlunicallon (including zliiy allachments) is awi inic niled or srI'illeal vi be Llsrd , and it cannot be used, by arty recipionl lar the purpose of { i) avoiding pallullies LI1:IL relay he imposed on the rccipicnl under United States Federal sax laws, or (li) promoting, ]11:11'kcting or rbunhlr lending 10 anodic]. party any Lax-relnied mailers addressed herein. If you have 0(11 formally retained this firm lin legal cervices , then WC ale bpi Vuur aLLurueys and ricillier this coIlllllunic:IliOii nor any aLLuchmL:nis herein CUIlstltule the provision of legal cervices or Illc essabli shrnent ur run ltrrnaiinn n an aii racy-lienL relationship. • 2 /25 /2009 • • STATE ENVIRONMENTAL QUALITY REVIEW ACT (" SEQRA") NOTICE OF INTENT ESTABLISHMENT OF SEQRA LEAD AGENCY • TOWN OF LANSING PLANNING BOARD TO : Involved and Interested Agencies (see attached list) DATED : This notice is issued pursuant to Part 617 . 6(b) of the implementing regulations pertaining to Article 8 of the State Environmental Conservation Law ( State Environmental Quality Review Act) . Please take notice that the Town of Lansing Planning Board has determined that it is willing to act as SEQRA Lead Agency for environmental review of the proposed action described below and shall coordinate environmental review pursuant to Article 8 of the ECL and Implementing Regulations (6 NYCRR Part 617 ) . Name of Action : Cayuga Farms Townhomes SEQRA Status : Type 1 Description of Action : Residential development of approximately 41 .44 acres into 138 condominium townhomes . The Project consists of the following: • Development of 138 condominium townhomes on 41 .44 acres of land . Twenty-seven (27) residential buildings will be constructed that will house 4-6 dwellings each . Approximately 600 LF of new Town roadway and 2 ,200 LF of private internal roadway will be constructed, along with a similar amount of new public water and sewer mains to serve the development . A pumping station and sewer force main will be used to connect to the Village of Lansing/Cayuga Heights wastewater collection system . Location : The Project Site is located in the Town of Lansing, County of Tompkins, State of New York. The proximate Project Site boundaries are within tax parcel numbers 37 .-6-3 . 362 and 37 . 1 - 6 . 3 . 35 located on the west side of North Triphammer Road , in the Town of Lansing, New York. 1 • Contact Person : Jeff Overstrom Engineer & Planning Coordinator Lansing Town Hall • 29 Auburn Road Lansing, New York 14882 (607 ) 533 -7054 Please take further notice that unless any involved agency objects to this determination and Intent of Lead Agency status within thirty ( 30) calendar days of the above date, the Town of Lansing Planning Board shall be deemed Lead Agency. Dated : Lansing, New York February , 2009 Town of Lansing Planning Board By: • • • 2 created from said release of said effluent into Minneger Brook and/ or the Quarry located on the adjacent property owned by Tom Besemer, and final discharge into Cayuga Lake . Any identified significant negative impacts should be mitigated to the maximum extend practicable and the Developer must obtain all requisite effluent discharge approvals, including SPEDEb Permits issued by die NY DEC; A Cost of Operation of the Sewer and Water Systems shall be initially borne by the Developer with any balance charged to the Benefit District; 3. Creation and Town Board Approval -of requisite Sewer ez Wastewater Districts; 4. The Proposed Sewage Package Plant must be designed and built for maximum capacity of the proposed PDA project; . Maximum Density for the entire project must be identified by the Applicant and approved by the Town Board in its PDA Approval; 4, 5 . 1 nab it is further RESOLVED, that the Planning Department/ Code Enforcement Office shall assist the Town Board Sr setting public hearing(s) for Town Board consideration of the PDA and bEQR review, said hearing(s) to be held bo the Town Board within 45 days of this resolution pursuant to Section 706, 6 .1 of the Town of Lansing Land Use Ordinance . Town Board conditional approval or disapproval of the PDA is to be issued bo the Town Board within 30 days of the Town hoard public hearing pursuant to Section 706 .5 of the Town Of Lansing Land Use Ordinance. ebruary 23, 2009 t RESOLUTION No. 09- RESOLUTION OF THE PLANNING BOARD RECOMMENDING TO TOWN BOARD CONDITIONS AND SPECIFICATIONS UNDER WHICH LANSING COMMONS PDA APPLICATION MAY BE CONSIDERED FOR PUN APPROVAL BY THE TOWN BOARD WHEREAS, Applicant, Ronald J . Seeeord , has requested Town Board Approval of a PDA Application respecting 13559 acre three (2 ) phase residential and commercial mixed use development in the 131 District located at the south of intersection of Cayuga Vista Drive and Woodsedge Drive in the Town of Lansing, P/ O Tan Nap Parcel 37-1 -2- 53 .22; and WHEREAS, the Lansing Planning Board has considered and carefully reviewed the Applicant's Statement of Intent to Comply with Conditions and Specifications of the Planning Board, dated January 7, 2009 and Addendum thereto dated February 3, 2009, respecting Na Lansing Commons PDT Proposal; and WHEREAS, the Public Comment Period an the Application was commenced on January 26, 2009 pursuant to Section 706 , 5 of the Lansing Land Use Ordinance and a public hearing was held by the Lansing Planning Board on February 23, 2009 respecting Planning Board consideration of the PRA Application materials and the Applicant's Statement of Intent and Addendum , as well as consideration of whether the Planning Board should recommend to the Town Board either ( 1 ) disapproval of the proposed PDA development or (2) conditional approval of the EDA development subject to such conditions set forth in the Statement of Intent to Comply and Addendum thereto and / or any other conditions otherwise imposed by the Planning Board ; and WHEREAS, et the public hearing held on February 23, 2009, the residents of the Town of Lansing were given a full opportunity to be heard respecting the PDT Development Proposal and the Planning Board reviewed said concerns of the residents, including concerns respecting the following potential impacts of the project ; and WHEREAS, on January 26, 2009 and February 2 , 2009, the Planning Board, pursuant to Lansing Land Use Ordinance Section 706 .5, underwent site plan review of the proposed PDT development, and has considered and carefully reviewed the requirements of the Land Use Ordinance Section 701 et see ., relative to Planning Board site plan review and the unique needs of the Town clue to the topography, the soil types and distributions, and other natural and Irian made features upon and surrounding the area of the proposed Site Plan, and consideration of storm water drainage, erosion control, parking, water and sewer facilities, driveways, site lighting, off site impacts, roadways and walkways, height regulations, landscaping, open space, and compliance with other state, county and local agency regulations; and the Planning Board has also considered the Town ' s Comprehensive Plan and compliance therewith; and WHEREAS, upon due consideration and deliberation by the Town of Lansing Planning Board, now therefore be it RESOLVED, that pursuant to Section 706 ..5 of the Town Of Lansing Land Use Ordinance the Planning Board is recommending to the Town Board that the Town Board conditionally approve the PDA application subject to such conditions set forth in the Statement of Intent to Comply and Acidenclurns thereto and also subject to the following additional conditions recommended bv the Planning Board : 1 . The Town Board's SEQR environmental review of the project should carefully scrutinize the Developer's proposed wastewater effluent discharge into IVIinnegar Brook for any significant negative impacts 1 Page lof1 Tolcodes From : "Tolcodes" <tolcodes@twcny . rr.com> To : "J . Ronald Seacord" <excelsiorsys@yahoo . com> ; "Timothy Buhl" <tcbuhl@verizon . net> ; "Larry Fabbroni" <Fabbroni@aol . com > ; "Wayne Matteson" <wmatteson@frontiernet . net> Cc : "Jeff Overstrom" <joverstrom@twcny . rr , com> Sent : Thursday , February 19 , 2009 11 :28 AM Attach : 02 -23-09 PB Agenda .doc Subject : Planning Board Agenda FYI . . . • 2/ 19/2009 Page 1 of L Tolcodes From : "Lorraine Moynihan Schmitt" <Ischmitt@thalerandthaler. com> To : " 'Tolcodes"' <tolcodes@twcny . rr , com > Sent : Friday , February 20 , 2009 3 : 13 PM Subject: RE : Lansing Commons Received and thank von ! Lorraine Moynihan Schmitt, Fxl . Partner, 1'liale_r, &. limier 309 North 'flop Slrc'a P.O. Box 266 Ithaca, New York 14351 -4266 Telephone: (607) 272-2314 Facsimile: (607) 272-4166 Confidentiality Notice:: The information contained in This email message may be legally privileged and contain confidential information, and is intended only for the use (lithe individual err 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 i$ strictly prohibited. If you have received this entail in error, please immediately notify us by telephone (607-272-2314), by fax (6117-272-8466), or by return email and delete this message. If you have not formally retained this firm for Iegal services, then we are not your attorney; and neither this communication nor any attachments hereto constitute the provision of legal services or the establishment or confirmation of art attorney-client relationship. ndeF • H- a 'From : Tolcodes Tolcodes [mailto : tolcodeseitwcny . rr. com] Sent: Friday, February 20, 2009 11 : 51 AM To : Lorraine Moynihan Schmitt Cc: Jeff Overstrom Subject: Lansing Commons Lorraine , Per your request. Thank you , Rachel 2/23 /2009 �:// o 4i4(& 7-De-4 rAki If you are a Lansing citizen I urge you to attend a public meeting at 6 p . m. Tuesday , Feb . 24 in the Lansing Town Hall . It is important for all of us to express our opinion about the highly unusual proposed new local law #3-2009, to reduce the terms of our Planning Board members from seven to three years and change the rules followed by the Board . 1 { [ : c - tet New York state town law calls for terms of seven years for a seven -member board and five years for a • five-member board with appointments each year. The purpose of the current state law dictating seven - or five-year appointments is to ensure independent, informed and fair citizen oversight of the town's development . Our current law is part of state town law; the proposed law is not. So, why is our Town Board taking this action ? Under the new law, the Planning Board will no longer be an independent citizen group able to provide consistent oversight of the town's planning and development process. They will not have the advantage of the extensive training and knowledge base of the current planning board members and the decisions they make will likely be less informed by our laws and practices . A copy of the proposed law can be obtained by calling the Lansing Town Clerk at 533-4142 . Ruth Hopkins Lansing DAVO7 0 WACC I Lansing may shorten terms • Post a Comment • Recommend • Print this page • E-mail this article • Share to Del .icio. us to Facebook to Digg I, o Reddit to Newsvine to Buzz up ! • ? i At 6 p .m . on Tuesday, Feb . 24 at the Lansing Town Hall , the Town Board will hold a public hearing on proposed Local Law #3 of 2009 , which would change the terms of office of Planning Board members from seven to three years and review its rules and procedures . If passed , this law would allow the Town Board to appoint all members of the Planning Board within the term of a town supervisor. New York State Town Law calls for terms of five or seven years "to foster continuity on the planning board and avoid wholesale changes based on the political whims of the party (or persons) in power at any given time." Since Local Law #3 is contrary to state town law, the town must declare "home rule" to supersede it . One year ago, the Town Board also invoked "home rule" in removing from the Planning Board substantial responsibility for subdivision regulations and giving more administrative responsibility to the town planningfcode officer who reports directly to the town supervisor, Both of these actions reduce not only the legally mandated independence of the Planning Board , but also its effectiveness in serving the residents of the Town of Lansing . As a former Planning Board member who resigned last year, I urge you to attend the Town Board meeting at 6 p . m . on Feb. 24 to "get the facts" and express your opinions before the vote . The future of Lansing depends on your participation . Larry Zuidema Lansing Page 1 of 2 . d. • Tolcodes From : "Jeff Overstrom" <joverstrom@twcny. rr . com> To : "Rachel Jacobson " <tolcodes@twcny . rr . com > Sent : Tuesday , February 1712009 9 : 57 AM Attach : Lansing_Flyer . pdf Subject : Fw: Important Town Board Meeting Jeffrey L . Overstrom , .EIT Engineering & Planning Coordinator Town of Lansing 29 Auburn Road Lansing, NY 14882 (607 ) 533 - 7054 (607) 533 -3507 fax ----- Original Message From : Sharon Bowman To : '3 Shattuck' ; 'Bud Shattuck' ; 'Connie Wilcox'. ; 'Marty_Christopher' ; ' Matt Besemer' ; Scott Pinney Cc : Guy K Krogh ; Jeff Overstrom Sent : Tuesday, February 17 , 2009 9 : 32 AM Subject: FW: Important Town Board Meeting I thought you all might be interested in this . Sharon • From : Robert N Nagel [ mailto : bob_nagel@juno .comJ Sent : Tuesday, February 17, 2009 9 : 00 AM To : Imbrrrallightlink. com ; jeannebishop@ymail , com; kbishop2@twcny . rr.com ; jb33@cornell .edu ; sbbowman@twcny . rr.com ; Ray_Canwell@aol . com ; bwc4@cornell . edu ; maryellencummings@mac . com ; tmellis49$@aol .com ; Pastorftlansingunited . org ; davejoanh_@earthlink. net; fakl@cornell .edu ; GandJBroadwell@aol . com ; dlavigne@twcny . rr. com; nmakela4@y_ahoo. com ; jmancini22@gmail . com ; MillersAtIth@Verizon . net; LMontague@aol . com ; kay@mooretrees .com; mpmpradise@aol . com ; tobey@clarityconnect. com; karen@lansingstar.corrl ; four-hmail@cornell .edu ; dwithiam@msn .com ; hillis@clarityconnect.com Subject: Fw : Important Town Board Meeting I just got this message from a neighbor on Fiddlers Green . i am concerned that the proposed Town Board changes to the Planning Board will adversely affect the quality of life of Lansing citizens. Bob Nagel Fonvarded Message From : •jimevster@aol . com To : dr c lakcfrontinn . com , dawnk@twcnv . rr. com , jimeyster a aol . com , deti3 q cornell . edu, elavlumc@aol . com , dab3 c eornell .edu , phutt77777c aol . com , arnjen7 ct) aol .coni, connie. wellightlink . com , kells. elmquistii autodesk . com , bob nage ) @juno . com , mol9 %cornell .edu , savin-williams@cornell . edu , rw 9 a;cornell . edu , mhcathles @ vahoo . comt pd20 cucornell . edu , marcia . cuttinu gmail. com , ashriclgelabs n gmail, com , latinasing@,aol . com , ja_m6I @cornell . edu , jim . wells Q IightIink. com , sueeyster cuaol . com , carolhalsethetc7)yahoo . com , fivecrackers@yahoo . com , ken . cohen a cornell . eclu , dhagstro a twcny . rr. com, lmc I9@cornell . edu , WWW@warnurs . com , knbsuareznaol . com , newton . reneec�,:gmail . com , tccl@cornell . edu , clae3@corncll . edu Date : Mon, 16 Feb 2009 21 : 22 : 23 -0500 2/ 17/2009 Page 2 of 2 .1^ Subject : Important Town Board Meeting Message-ID : < 8CB5EBDB313B7I A9- C98 - 11 D2@ webmail - df1 O . sysops . aol . c.orn> • Hello , Neighbors, On Tuesday evening, February 24, at 6 : 00 p . m . , the Lansing Town Board is holding a public hearing putting forth its intention to revamp the Town's Planning Board . This change contradicts the intent of New York State Town Law and will significantly reduce and/or eliminate the independence of the Planning Board from the political influence of the Town Board and its Supervisor. As you are aware , the Town Board proposed last year to gut many of the existing zoning protections that residential communities now enjoy. With the changes it is now proposing to the Planning Board , the Town Board will consolidate its influence/control of the Planning Board and be one step closer to realizing its plan to substantially weaken our existing well -conceived zoning protections . Please open and read the notice attached to this email and plan to attend the Lansing Town Board meeting at e Lansing Town Hall on February 24 at 6 : 00 p . m . Jim -» Access 350+ FREE radio stations anytime from anywhere on the web - Get the Radio Toolbar! • Click to get kitchen cabinets at affordable prices . 411 2/ 17/2009 v • * * * ' T NOTICE * * * * Lansing Town Board Meeting TUESDAY, FEBRUARY 24 • 6PM Come to learn and give us your opinion ! If you live in the Town of Lansing and want to see a thoughtful and consistent approach to planing and development, then you will want to find out about the highly unusual proposed change in our law that will remove the independence of our Planning Board and likely result in political appointments . This contradicts the intent of NY State Town Law Section 271 . The new proposed " home rule " law is available from the Lansing Town Clerk , 607-533 -4142 . 410 The proposed new local law would reduce the terms of our Planning Board members from 7 to 3 years and change the rules followed by the Board . The purpose of the NYS law on planning Boards is to assure independent, informed, and fair citizen oversight of the town 's development. However, if this new local Law is passed , it will allow the Town Board to appoint all members of the Planning Board within the 4-year term of our elected Town Supervisor, and a majority within the first two years ! This means the Planning Board will no longer be independent from political influence . Its decisions will likely become political rather than providing independent citizen administrative oversight as intended by NY State law. This is an important moment for you to take part in the future of your community. Come to the meeting ! Ask questions ! And make your opinions count ! If you would like to dialog about Lansing in a non - partisan forum with access to facts and information please visit http ://lansingmatters . org . ® Concerned Citizens of Lansing Page 1 of 1 r'Ge Tolcodes From : "Tolcodes" <tolcodes@twcny . rr. com> To : "Lorraine Moynihan Schmitt" <LSchmitt@thalerandthaler . com> Cc : "Jeff Overstrom" <joverstrom@twcny . rr.com > Sent : Tuesday, February 10 , 2009 11 : 16 AM Attach : NYSDEC -LFEAF - NTRIPHAMMER2 . 01 -26 -09 . pdf Subject: Cayuga Farms -revised EAF Lorraine, Attached please find the revised EAF for Cayuga Farms which they are on the 23rd 's Agenda for a SEQR Public Hearing . The Lansing Commons is on for a Public Hearing to approve w/ conditions or denial of FDA Application . A Public 1-Learing to complete the SEQR has not been set yet. ; Thank you , Rachel • • 2/ 10/2009 Page 1of1 A Tolcodes From : "Lorraine Moynihan Schmitt" <Ischmitt@thalerandthaler. com> To : " 'Tolcodes'" <tolcodes@twcny . rr. com> Sent: Tuesday, February 10 , 2009 10 : 15 AM Subject: RE : 2009 Updated PB Motions-Resolutions Good Morning, Rachel ! Received and thank you . Whenever you have a chance, can you send me all documents on the environmental review for Lansing Commons and Cayuga Farms set for public hearings on the 23 '4`1 . Thanks ! Best, Lorraine Lorraine Moynihan Schmitt, Esq . Partner, Thaler & Thaler 309 North Tioga Street P.O. Box 266 Ithaca, New York 14851 -0266 Telephone; (607) 272-2314 Facsimile: (607) 272-,8466 • Confidentiality Notice: The intonation contained in this email message may be legally privileged and contain confidential informatim, 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 ate 1)ereby notified that any dissemination, distribution, or copying of this message is strictly prohibited. If you have receivexl this email in error, please immediately notify us by telephone (607-272-2314), by lax (607-272-3466), or by return email and delete this message. If you have nut 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. From : Tolcodes [mailto : tolcodes@twcny. rr . com] Sent: Tuesday, February 10, 2009 9 : 53 AM To : Lorraine Moynihan Schmitt; Lin Davidson Cc: Jeff Overstrom Subject : 2009 Updated PB Motions- Resolutions Good Morning, Please update your files accordingly . Thank coo , • Rachel 2/ 10/2009 Save the Date ! NYPF Annual Conference Set for Sept . 13 - 15, 2009 The 2009 Annual NYPF Planning & Zoning Conference will be at the elegant High Peaks Resort ( formerly the Hilton ) in Lake Placid from Sept . 13 - 15 . Please note that this is both a change of venue and a change of date , due to numerous requests from conference attendees . More information will be posted here as it becomes available . Page loft Tolcodes From : "Lorraine Moynihan Schmitt" <Ischmitt@thalerandthaler. com > To : "'Tolcodes" <tolcodes@twcny . rr . com > Cc : "'Jeff Overstromt" <joverstrom@twcny. rr . com> ; "'Lin Davidson '" <nldl@cornelLedu > Sent : Thursday , January 29 , 2009 11 : 21 AM Subject : FW : Cayuga Farms Rachel — please advise what was said on the tape of the 1 / 26 meeting respecting the issues Lin raises below so we can get those points in the minutes . . . Thanks ! From : Lin Davidson [ mailto : nldl@cornelLedu ] Sent : Wednesday, January 28, 2009 2 : 39 PM To : Lorraine Moynihan Schmitt Subject: Re : Cayuga Farms Would it be pertinent for the " turnover" process to outlined . The developer / owners association would hold bond gaurentees if possible until 80% - 100% buildout/ Occupancy so the costs could be bourne by each unit and a reserve established . Who .will pay fees if condos don 't sell is one thing. If 10 years from now 50% are vacated what happens ? • 1 guess electricity and gross useage would decline but not overhead . Bet other towns have a mechanism in place. I3est , lin - • . ,. 1 /29/2009 Page 1of1 Tolcodes From : "Curry , Jacquelyn " <jcurry@binghamt . gannett . com > To : "Tolcodes" <tolcodes@twcny . rr.com> Sent : Tuesday , January 27 , 2009 11 : 15 AM Subject : 2 ITHACA LEGALS RUNNING 1X EACH : 1 /29 : 1AFF EACH : Town of Lansing Legal Notices Please send all replies directly to legals@pressconnects . com . Thank you . J . Curry From : Tolcodes [mailto : tolcodes@twcny . rr.com] Sent : Tuesday, January 27, 2009 8 : 33 AM To : Legals Ithaca Journal Subject : 2 ITHACA LEGALS RUNNING 1X EACH : 1/ 29 : 1AFF EACH : Town of Lansing Legal Notices Good Morning Denise, • Can you please have these printed ASAP. Also, I will need to have an A fadivit of Service cm these. Thank you , Rachel Planning/ Zoning/ Code Clerk Town of Lansing 1 /27/2009 Term limits set for Victor board leaders 1 I. . 1 . By Mike Ivlaslanik , staff writer Daily Messenger Posted Feb12 2009 P. 01 ' 02 PM Victor, N . Y , — The Victor Town Board has established two-year term limits for the chairs of the Planning , Zoning and Conservation boards. Thelaw will take effect in 2010 , so as not to force out established chairs this year. The term limits were approved Monday, by a 3-2 vote . Supervisor Jack Marren and Board members John Accorso and John Palomaki voted in favor of the law , saying that it would give more people a chance to serve . " It should be your responsibility as a hoard member, you should be ready to chair the board : said Accorso, a former chairman of the Planning Board . In voting against the measure , Deputy Supervisor Jeff Cody said that the Town Board should not dictate how the other boards are run . Cody }previously served on the Ptenning Board with Accorso . "We should leave it up to the individual boards ,'° Cody said , Board member Peter Hessney said he voted against the resolution because it did not go far enough . " I want it to include more boards than this , " he said. There had been no limits restricting how long a chair could serve but there are limits on the number of years individuals may serve on the town ' s various boards . The Planning , Zoning and Conservation Boards were included because they are the municipality' s "major boards , " said Town Attorney Sheila Chalifoux , f=uture legislation could address the "next level " of boards , like the Board of Ethics and the Parks and Recreation Advisory Board . ;, . 1 l Zoning Board of Appeals Chairwoman Jean Kyrm said she has no disagreement with the term limits. "There are so many talented people in this town , I think it's a good idea to give other people a chance , " Kyrm said Tuesday. The Conservation Board is headed by Marge Elder ; the Planning Board is headed by Robert Davis . • Page ( of 1 Tokcodss From : "Tolcodor " otolcodes@lwcnv . rr, enrn> To : "Matt Besemer" Omatt_ besemerhotmnii _como Sent: Wednesday , March 25, 2009 3 : 21 PM Subject : Re : Planning Board Question Well_ . _ . it goes like this . _ . . . . I was hoping to set the record straight to MB. Nancy with regards to our aOwinistradve procedures . She mentioned at the SlF Meeting the other night that last year dirt she had made a motion requesting that the Liaison request that the TB act on ding (appointing Ruth) to the Board , TtiAras mentioned that possibly the message never got relayed to the TB. . I know you would have brought it up to the Ill) shortly thereafter the P13 , l just want to let her know that we area competent htunicipa ] ity and we do follow tt, ruon request, . Thanks, Rachel From : Matt Besemer To : Code_ Dept_ TOL Sent : Wednesday, March 25, 2009 0 : 48 PM Subject: RE : Planning Board Question Rachel , Is this for your information or has someone requested that you Find out?? ? I honestly don 't remember what was discussed in the executive session on 8/ 20/08 . I do know that I brought it up more than once that we had one if not more vacancies on the FB , I do recall that with the differences between the TB and the P8 , no one was real interested lit bringing another variable into the mix . That is wiry it dragged on as long as it did . Matt From : tolcodes@twcny . rr. com To : Matt , Besemor a hotmail . com Subject { Planning Board Question Date : Wed , TF Mar 2009 11 : 00 : 24 - 0400 Hi Matt, Got a question for pou . _ . . do you remember way back when the PB was taking Applications and Ruth applied? The PB went into ltoorotive Session on or around 3/ TI j kb and a 3 part Resolution was voted on . 1 a long with Lorraine'r help typed up Memo to the Supervisor and I' ll , embers with thea part Resolution For them dr take action on which they did not. Again on 721 / bd Nancy made a motion requesting that the OB Liai, io,n take the previous Resolution to the and request that they act on it, After reviewing the 1St Minutes , I see en $/ 20/ Sd under your report, pen requested that tin TO go into hxecutilie Swrion (did you happen to discuss the vacant Ansi tion on the Pitt) i do see where onTB Minutes dated 1. 1 / 5 / 08 you requested that the `I' b consider filling; the vacant position . My real question is, did you discuss that at the 8/ 20/ 0d koeruhoe Session ? Thank you for your help . Rachel Windows Liven kyDrive : Get 25 GB of free online storage , Check it out , 372 .51 2009 Page l of 1 Tolcodes From : "Tolcodes" <tolcodes@twcny . rr.com> To : "gdunn" <gdunn©cyradiogroup . com> ; "Kathie Williams" <kwilliams@ithacajournal .com > ; "Media" <psa@cyradiogroup . com> Sent : Tuesday , January 27 , 2009 10 : 15 AM Attach : Tentative 2009 PB Schedule .doc ; Tentative 2009 ZBA Schedule .doc Subject : Town of Lansing Planning & ZBA Meeting Schedules Please take notice Public welcomed ! Thank you , Rachel 1 /27/2009 Page 1 of 1 Tolcodes From : "Tolcodes" <tolcodes@twcny .rr.com> To : " Legals Ithaca Journal" <Legals@pressconnects . com> Sent: Tuesday, January 27 , 2009 8 : 32 AM Attach : LEGAL NOTICE OF SEQR PUBLIC HEARING 2-23-09 .doc; LEGAL NOTICE OF PUBLIC HEARING 03 -09 -09 . doc Subject : Town of Lansing Legal Notices Good MorningDenise, Can you please have these printed ASAP . Also, I will need to have an Affadivit of Service on these. Thank you , Rachel Planning/ Zoning/ Code Clerk Town of Lansing • c 1 /2712009 The Lansing Star Online, Lansing, NY - Proposed Law Reduces Planning Board Terms Page 1 of 1 1 I Proposed :[.,acv Reduces Planning Board Terms F4 , by Ban venner Lansing's Town Hoard pmpotad a law Wee<tncsday that taould reduce plaiuling bt.9ni member terms from seven years b) three. 'I'I,t• new law would affect plaint'in; lxaard members, and alternate members to the Plaunin; hoard and the Zoning Board nfetppeals ('/. HA). drown otlii:nts say a slimier term will rnuke it easier to at train new melt he to the breach. " ;`- � "We just appointed a new phi nning board metuher and an alternate," exphunn�l 'Ibw stip n•fmr Sell Pinney. "In the pruns of train;; .•• .. a/yl I i field Noble: to fill theft p0�9itk;1t5 the big4','S; tletrillion to that was the fact turn wtwn we told thititi it was a Steven year term a lit <If "SI -,;. t-flwitii people shied atray.' rte; Y ^���,,�—,,��� I : 4 - - r•:C I .iaising'9 Plat ming Board has sewn regular :members. Currently otte member k appointed peryir, which nukes the appointment a sevum year tetra. t ndar the new lase tbl ee weathers or alternates -.+uufti he aptoiutcd each year in a three year cycle. Farmer Planning Board monks Larry &uidenta m:kccl whet tier lite law wcis a Iasi: of home rile, and Town Attomey r;uy Krogh said thal it is, "f in ntcrtand limn the training that 1 went through that the pur'prsr4 ciidhc hits- is be allow the item of pialeniing bulbi member to meets the town tam RI's,' %ttulcrna said. 'Thal reduces the :mount of political influence over good planning deeisinri. Have :,On considered that in pitting &Award this. Ill ,;teiiail propos: Il, Atka 1 t, oudd find to Ix rat it the interests of the residents of the yawn?' 't PIN „ fj ' { a1 �•�i'r •., � , tri _. � a ,s, Lansing Town Board ( Left to lilthtl Connie Wilcox, Solt Pinney, Natty Christopher, Mall lkseiner, Bud Shattuck "'Nonn:d' and *mutated' are tali try, 4311 spins 2n your definition that ( don 't think are intended,” Krogh replied. "Every single local law i.: every municipality in the State of New Y<n4< i creel ed under the nun iici pal home rail, law. 'Blit mean: yin would consider parking le uhutionC Speed limits IUIt1:ival find r that definition. I don't thine: that's arrunate." Krogh explained that 'supersession' is when you use a rinsthtutiam)! power that 's granted to a k:.at government to have a rule different from some genend state late. He noted that the use nupetscssion authority by lavers is tom mon . II n noted that there alta riling~ by New York's Attorney General own sinlifur laws in fuller communities that tie rest:arc:twit wit ik writ ing the kw, and sirtaiestect that plannimtboard mem lwrs towing a shorter term than town board it ittmiters is more ofa pint issue Ilam a lerpi ouu. "I will leave it IQ tux Ware.' ill address tint ieKtept to time that if the Town 1ki ir .I only has a four year tcl'n I it would aecnt to nue Ih:u cavils tcs year.>, :n so you have a difiinrut town beard," the said. "Every two years your lance different set of potential constraints. prefereuas, biases, etc_ So put hese different people coining Aim the planning boa id . 'lhe converse if wluit you suggest hence 4191 be. in.a1 thait %silk A IIi dor turnover in a planning board you may end II with a mot a diverse and more rept ptrntative group" Town Maine uhc:itbes }watt IIv4_merand Dtalty Christopher asked whether tend liatirn (Mid be included. Christopher said he would Tatar a ttiI : tc;rm IIT ximtnti. Kn igh explained that lb.: Town I<tard may include' term Blairs at its discretion. Pinnaryl fut„n:d leaving the darn open to having members stay on the bayed Ismer. "If we went with three tei-tw the most senior person tv illei only be there for nine +:ester! total,' he said. ' t think it's gaud to have flims` pet p eon the boatel t lint have Int of etprlirnce." Resident n rod Deputy I I ighwny vl.iperintende'I it Charlie Purcell sa id 1w was wnect lied that it Le. too difficult to get new members onto t I to Planning Board. 't enc Planning 'loan' is ra prettytiglt knit group, he Said. "I l kink 5untchorty trying in ;it Ohl tate hi aid for tw gni al iif the 'lln,l129 a)irig t'• have n tomb cline doing it. Jim !'inner' said the 'l'own Bottlyd would look a applications of existing members atl. I new applicants, consult the Planning Broad. and snake a decision.n. "t think non' planning board is a very diverse group with it leu of ditleront ideas," lie saiit " It hri rigs a frit cd quality." Deputy St11Y,:nisor C 'nnic ''Vily' it said that the proposed law b not a reflection of a xisting Planning Hoard members. "la tho recolutii in to srt the public hearing it says. 'Whereas the Town Ikesrai heneln nlakt:ee do:ar that this proposed 1: w is nota i'dlcction ulnen any member of the Ptunnii lg hoard, and thin pl:uposal of a law will rat impart the cut rent el InSI dation of 2Iu: Planning Roard, whose I n::rnhers lthtt pn;n'icicd it vlduuble service to the Town and all of whom will continue to servo owl the planning Hoary'" she paid. "1 really w,int that to he noted " She them mai le a Inc: hint to see the public healing fit Vela-Ion mai at 6:05pm. 7.t lidanla niched Vi Sec a eopy of the late, and Pinney hill bink it al amid he available in ILe l'rn.•n CielieS ('i&c SUM', tulle ne,Xt w(c .:. . ...- hitp ://www . lansingstar. com/content/view/4473 /67/ 1 /23/2009 Page 1 of 2 • Tolcodes From : "Tolcodes" <tolcodes@twcny . rr.com> To : "Lorraine Moynihan Schmitt" <Ischmitt@thalerandthaler. com> Sent : Wednesday , January 21 , 2009 11 : 21 AM Subject : Re : Seacord PDA Request , etc . Thank you . I will let Jeff know . Rachel Original Message ----- From : Lorraine Moynihan Schmitt To : 'Tolcodes' Sent : Wednesday , January 21 , 2009 9 :44 AM Subject: RE : Seacord PDA Request , etc . I am available to attend . Thanks , Lorraine • Lorraine Moynihan Sclunitt, Esq . Partner, Thaler 8 Thaler 309 North Tioga Street P.O. Box 266 Ithaca, New York 14851 -0266 Telephone: (607) 272-2314 Facsimile: (607) 272-} 1 (6 Confidentiality Notice: The informal ion container) in this email message may be legally privileged and contain confidential information, and is intended only for the use of the individual or entity to whom it is addressed . If the reader of this message is not the intended recipient, you arc • 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 (6U7-272-2314), by fax (6117-27244466), or by return email and delete this message. If you have not for Mil Ily retained this firm for legal services, then we are not your attorney's and neither this communication nor any attachments hereto constitute Il ie provision of legal services or the establishment or confirmation of an attorney-client relationship . From : Tolcodes [mailto : tolcodes@twcny . rr . com] Sent : Tuesday, January 20, 2009 10 : 24 AM To : Lorraine Moynihan Schmitt Subject : Fw : Seacord PDA Request, etc . Lorraine , Jeff is requesting that you attend the January 26th Planning Board Meeting . Thank you , Rachel ----- Original Message From : Jeff Overstrom ' To : Rachel Jacobson Sent : Tuesday , January 20 , 2009 9 : 51 AM Subject: Fw : Seacord PDA Request , etc . • 1 /21 /2009 - Page 2 of 2 kr-Frey L. overstronr . .FET Engineering & Planning Coordinator Town of Lansing 29 infect Road Lansing, NY 14882 (607) 533 - 7024 (607) 533 - 3507 Fax Original Message From ; Wayne Matteson To : Jeff Overstrom Cc RONALD SEACORD Sent: Thursday , January 08 , 2009 1 -08 PM • Subject; Seacord PSA Request , etc. Hi Jeff, • Packages containing hard copies of n request for the Lansing Commons project to be considered a Planned Development Area have been sent to you , Scott Pinney , and Lin Davidson , Each package includes drawings , a Full EAP , the PDA request letter, and the Statement of Intent to Comply . I have also attached portions of the package to this email _ We would like to be included on the agenda for the Jan . 26th Planning Board meeting . Please let us know if you require additional information for review or have questions _ Thanks , Wayne C . Matteson , Jr. , P _ 0 Environmental Professional Matteson Engineering & Environmental Services 3898 Eatonbroak Road Erieville , fT 13061 315 -662 -7146 wmattesonfrontiernet. net • • 1121 /2002 Page 1 of 1 Tolcodes From : "Tolcodes" <tolcodes@twcny- rr . com> To : "Lyle Wadell" <Ihw1 @cornell . edu > Sent : Wednesday , January 14 , 2009 8 : 38 AM Subject : Site Edits Lyle, Can you please make the following changes to our Site ; 1 . On front page remove PB openings . 2 . Under Notices remove Duthie ( PB ) and Houghtaling (ZBA) 3 . Under Standing Committees add as a PB Member Richard Prybyl Term- January 7 , 2009 to December 31 , 2013 David Buck (Alternate) Term January 7, 2009 to December 31 , 2015 4 . Remove Matthew Besemer as PB Liaison and add Marty Christopher • • - 5. Under Standing Commite ZBA change David Dittmans term to expire in 2013 . Thank you . Rachel ‘6r\ k or 441 ,‘. e SC) eiC __•)rtaw. d ki 6" C/ (27 °' f.) 1 / 14/2009 . -71 Page 1 of 1 Tolcodes From : "Tolcodes" <tolcodes@twcny . rr. com > To : " Richard Prybyl " < RICHARD_PRYBYL@ml .com> ; "David Buck" <ALLBUCKS@ATT. NET> Cc : "Marty Christopher" <brownsnolfan@hotmail . com> Sent: Tuesday, January 13 , 2009 11 : 55 AM Attach : Tentative 2009 PB Schedule .doc Subject : Tentative 2009 Schedule -Gentlemen-- FYI . . . , Thank you, Rachel r 1 / 13/2009 Page 1 of. 1 Tolcodes From : "Alice Miller" camiller cortland-co . org > To : "Tolcodes" ctolcodes © tvcny , rr.com > Cc ; 'ten Dineen" cddineen Cortland -co -org > Sent : Monday , December 29 , 2008 10 : 42 AM Subject : RE : 2009 Training for Local Officials 12 . 29 , 08 Good Morning Rachel Sorry for the delay , I was out of the office last week . No, we have nothing scheduled yet. I have been in touch with the Dept. of State and so far it's not even in their budget. As soon as we know , we 'll set up something , but right now it's not looking too good - Thank you for your interest. Best regards , Aire R . Miller CofIond County l}rinnT+s Dept . 37 Church St. Cortland, NY 43045. 2838 Ph: 697r753 . 5L43 Fax: 607- 753-5751 email ; artlrfleY rortland-co, arg From : Tolcodes [ mai !to ; tolcodes twcfly . rr.com] Sent : Monday, December 22, 2008 10 : 59 AM To : Alice Miller Subject : 2009 Training for Local Officials Good Morning , I was wondering if you have any 2009 Training scheduled yet? I would like to give my PB & ZBA Members a heads up for next years required training . Thank your Rachel Jacobsen Code/Zoning/Planning Clerk Town of Lansing , NY 12/30/2008 d Tentative 2009 Planning Board Schedule 7 : 1. 5 PM January 12 , 2009 j January 26 , 2009 February 9 , 2009 February 23 , 2009 March 9 , 2009 March 23 , 2009 April 13 , 2009 April 27 , 2009 May 1. 1 , 2009 June 8 , 2009 June 22 , 2009 July 13 , 2009 July 27 , 2009 August 10 , 2009 August 24 , 2009 September 14 , 2009 September 28 , 2009 October 26 , 2009 November 9 , 2009 November 23 , 2009 December 14 , 2009 December 28 , 2009 r N Tentative 2009 Zoning Board of Appeals Schedule 5 : 00 PM January 20 , 2009 February 17 , 2009 March 17 , 2009 April 21 , 2009 May 19 , 2009 June 16 , 2009 July 21 , 2009 August 18 , 2009 September 15 , 2009 October 20 , 2009 November 17 , 2009 December 15 , 2009 Page 1 of 1 Tolcodes From : "Tolcodes" <tolcodes@twcny. rr . com> To : "Matthew Besemer" < Matt. Beserner@hotmail .com > Sent : Monday , December 08 , 2008 11 : 58 AM Subject : PB Training Matt, Our last Member to complete their required training - Hatfield has fulfilled his obligation via the NY Planning Federation 's On Line Training , The Planning Office had the pleasure of spending the morning with him ! All PB Members are set for this year. Thanks , Rachel - . 12/8/2008 5-1 v? 70 -. 9 (S's Page l of l Tolcodes From : "New York Planning Federation " <admin46xty2@shawncorp . com > To : " David Hatfield" < tolcodes@twcny . rr.com> Sent : Monday , December 08 , 2008 9 : 03 AM Subject : New York Planning Federation Confirmation [Please do not respond to this e-mail . This is an automated notification and responses will not be received . Contact ghaynesrc��r,' gmail . com with questions . ] New York Planning Federation Dear David : • • Thanks for subscribing ! Please verify the c-mail address you provided to us by clicking or browsing to the following link : http_1;/www . sentryingin . conv'sentry/sentry_veri _ yanail .asp?Memhers_ID=97550&tkn jSVCrkLblkg This Confirms your new New York Planning Federation subscription . Your Username is : toleodes@tweny . rr.com Your Password is : Rock4444 Please keep in mind eCheck transactions and other forms of payment which require clearance may take from three to seven business days to become Completed . Therefore depending upon your payment method your ability to log in for the first time may be delayed . (Disregard this if your signup did not require payment or if you have already logged in for the first time) . Log in at : hitp ://www. nypf. org/mcmbers/ login . asp Before logging in for the first time you will need to first verify your E-mail address as detailed above. (This only needs to be performed once) . • Please save this e- mail for future reference . Thank you ! • • 12/8/2008 New Member Signup Page 1 of l Congratulations , your e -mail is now Verified . Thank you ! http ://www . sentrylogin . com/sentry/sentry_verifyEmail . asp'?1+tembers_ID=97560&tkn jS . . . 12/'8!2008 • Page 1ofI Tolcodes From : "Tolcodes" <tolcodes@twcny . rr.com > To : "Nancy Loncto" <njs6@Einaudi . Cornell .edu > Cc : "Jeff Overstrom" <joverstrom©twcny. rr . com > Sent : Wednesday, November 26 , 2008 10 :23 AM Subject: Re : Planning Board - December 8 , 2008 CANCELLED Nancy , My procedure for cancelllations are as follows : 1 . Notify the Town Web Master for Town Site . 2 . Notify the Media , i . e . Ithaca Journal , Lite 97FM , and WVBRFM 3 . Post on the Town Board at the Road 4 . Post of Front Door of Town Hall 5 . Post on Bullentin Thnaks , RJ ----- Original Message From : Nancy Loncto To : Tolcodes Sent : Wednesday, November 26 , 2008 9 : 30 AM Subject RE : Planning Board - December 8 , 2008 CANCELLED Dear Rachel , I imagine that you have already considered this — but please post to board and web as well as there may be members of the public who were planning on appearing before the Planning Board . N From : Tolcodes [mailto : tolcodes©twcny . rr. com ] Sent: Wednesday, November 26, 2008 9 : 34 AM To: Viola Miller; Thomas Ellis ; Nancy Loncto; Lin Davidson; Larry Sharpsteen Cc : Jeff Overstrom ; Matthew Besemer Subject: Planning Board - December 8, 2008 CANCELLED — Members— The Planning Board Meeting scheduled for Monday, December 8 , 2008 has been CANCELLED due to lack of Agenda items . Please note , our Rules and Regulations clearly state Applicants must provide material within 10 BUSINESS DAYS to the Planning Department for consideration . With that being said , the deadline would have been November 20 , 2008 . Have a safe and Happy Thanksgiving ! 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 . I 1 /26/2008 Page 1of1 Tolcodes From : " Nancy Loncto" <njs6@Einaudi . Cornell . edu > To : "Tolcodes" <tolcodes@twcny . rr.com > ; "Viola Miller" <Robert-S-Miller@Verizon . Net> ; "Thomas Ellis" <TMEIlis498@aol . com> ; 'tin Davidson" < nldl @comell . edu> ; "Larry Sharpsteen" < Larbear@Juno .com> Cc : "Jeff Overstrom " <joverstrom@twcny .rr.com> ; "Matthew Besemer" < Matt . Besemer@hotmail .com > Sent: Thursday , November 20 , 2008 10 :20 AM Subject: RE : Planning Board Dear Rachel , Thanks so much . . . I was in my office and did not have access to materials at home . N From : Tolcodes [ mailto : tolcodes@twcny. rr . com ] Sent : Thursday, November 20, 2008 9 : 53 AM To : Viola Miller; Thomas Ellis ; Nancy Loncto; Lin Davidson ; Larry Sharpsteen Cc: Jeff Overstrom; Matthew Besemer Subject : Planning Board —Members— Attached you will find a copy of the Newton Application , SEAR and Ag Data Statment per Nancy's request . The procedure for providing copies of each Applicant's entire file will most likely be changeing in the very near future . The new "Checklist" produced shall take care of most coping issues . That "Checklist" should assure all Members that the Planning Department has the required information on file . Files are open for inspection at any time for Members and Public Viewing . Members may want to consider allowing additional time when picking up packets for reviewing files and having any questions or concerns answered prior to the Meeting . You will notice for Kirby 's that you have only received an email from Legal Counsel and a blank page 2 of the SEQR Form . Prior to the Approval at the 9122108 Planning Board Meeting , all Members were provided with a complete File on the Kirby project . This was an Exempt Subdivision , which only required the PB to complete the SEQR . 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 . 1 • ; . ‘ - 11 /20/2008 Page 1 of 1 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 Sharpsteen " < Larbear@Juno . com> Cc : "Jeff Overstrom" <joverstrom@twcny . rr.com> ; " Matthew Besemer" < Matt . Besemer@hotmail . com > Sent : Thursday, November 20 , 2008 9 : 52 AM Attach : Newton - App . , SEAR & AG . pdf Subject Planning Board -Members - Attached you will find a copy of the Newton Application , SEQR and Ag Data Statment per Nancy's request. The procedure for providing copies of each Applicant's entire file will most likely be changeing in the very near future. The new "Checklist" produced shall take care of most coping issues . That "Checklist" should assure all Members that the Planning Department has the required information on file . Files are open for inspection at any time for Members and Public Viewing , Members may want to consider allowing additional time when picking up packets for reviewing files and having any questions or concerns answered prior to the Meeting . You will notice for Kirby's that you have only received an email from Legal Counsel and a blank page 2 of the SEQR Form . Prior to the Approval at the 9122108 Planning Board Meeting , all Members were provided with a complete File on the Kirby project . This was an Exempt Subdivision , which only required the PB to complete the SEQR . Thank you , Rachel 11 /20/2008 Page l of 1 Tolcodes From : "Nancy Loncto" <njs6@Einaudi . Cornell .edu > To : "Tolcodes" <tolcodes@twcny. rr . com> Cc : " Lin Davidson " < nldl@cornell .edu > Sent : Wednesday, November 19 , 2008 4 :03 PM Subject: Compliments and question Dear Rachel and Jeff, First it is very helpful to have the Checklist with notes and totally filled out . Thank you where this is made available , I have a couple of questions : 1 . Is there an application form and SEQR form filled out for the application — Newton . . . . can you get these to us before the meeting please 2 . There is nothing other than the e-mail from Lorraine and a SEQR for Kirby . . . .can you get the application etc to us before the meeting please . Thank you for your assistance. 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 :I/www. 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 . 11 /20/2008 TOM PKINSCOU NTY � v AGRICULTURE & FARMLAND PROTECTION BOARD ; ‘javi? 615 Willow Avenue Ithaca, New York 14850 Telephone (607) 272- 2292 Fax (607) 272- 7088 KkAncy Lio ince tit) October 1 ; 2008 • Mr. A. Scott Pinney , Supervisor Town of Lansing PO Box 186 Lansing , New York 14482 Dear Mr. Pinney: Town of Lansing farmer Daniel Starner attended the Tompkins County Agriculture and Farmland Protection Board (AFPB ) meeting of October 22 , 2008 to seek the Board's advice and assistance in resolving an ongoing drainage problem in his farm fields . Mr. Starner believes the problem results from redirected storm water runoff from nearby residential development. It appears the Town of Lansing has agreed with Mr. Starner' s position in the past, as the Town installed drainage tiles through his property as well as a concrete retention area to try and resolve the problem . Unfortunately , residential development in the area has continued and the drainage improvements are not sufficient to handle the additional water redirected onto the Stamer property . • Mr. Starner presents a compelling case as this problem impacts up to 5 of his fields . He appeared at a recent Town of Lansing Planning Board meeting seeking assistance on this matter and he claims that the Planning Board told him that they could do nothing to help him . The AFPB is concerned that existing . New York State and Town of Lansing Storm Water Regulations , both of which prohibit increasing off-site runoff and require on-site mitigation of run-off, were not followed when residential development occurred near the Starner farm , to the detriment of the farmer. The Board has recommended that Mr. Starner obtain a copy of the Storm Water Regulations , talk to the Town Engineer about the problem , and also contact the New York State Department of Environmental Conservation . The AFPB would also like to bring this matter directly to the attention of the Town Supervisor, the Town Board and the Town Planning Board , and urge the Town to ensure that existing Storm Water Regulations are being followed . The Board further requests that the Town work with Mr. Starner to find a solution to the run -off problems impacting his agricultural operation . Sincerely , {„ Richard Ehrhardt, Chair Tompkins County Agriculture and Farmland Protection Board cc: Daniel Starrier Lansing Town Clerk Lansing Town Board members Lansing Town Planning Board members • The mission of the Tompkins County Agriculture and Farmland Protection Board shall be to encourage farminn in the County through local initiatives which create favorable conditions that TOMPKI NS COUNTY AGRICULTURE & FARMLAND PROTECTION BOARD 615 Willow Avenue Ithaca, New York 14850 T elephone (607) 272- 2292 Fax (607) 272- 7088 / - \11 olz q`-ttMa. nc Mtlit( October 1 , 2008 • Mr. A . Scott Pinney , Supervisor Town of Lansing PO Box 186 Lansing , New York 14482 Dear Mr. Pinney: Town of Lansing farmer Daniel Starner attended the Tompkins County Agriculture and Farmland Protection Board (AFPB) meeting of October 22 , 2008 to seek the Board ' s advice and assistance in resolving an ongoing drainage problem in his farm fields. Mr. Starrier believes the problem results from redirected storm water runoff from nearby residential development. It appears the Town of Lansing has agreed with Mr. Starner's position in the past , as the Town installed drainage tiles through his property as well as a concrete retention area to try and resolve the problem . Unfortunately , residential development in the area has continued and the -drainage improvements are not sufficient to handle the additional water redirected onto the Starner property . Mr. Starner presents a compelling case as this problem impacts up to 5 of his fields . He appeared at a recent Town of Lansing Planning Board meeting seeking assistance on this matter and he claims that the Planning Board told him that they could do nothing to help him . The AFPB is concerned that 'existing New York State and Town of Lansing Storm Water Regulations , both of which prohibit increasing off-site runoff and require on-site mitigation of run-off, were not followed when residential development occurred near the Starner farm , to the detriment of the farmer. The Board has recommended that Mr. Starner obtain a copy of the Storm Water Regulations , talk to the Town Engineer about the problem , and also contact the New York State Department of Environmental Conservation . • The AFPB would also like to bring this matter directly to the 'attention of the Town Supervisor, the Town . • Board and the Town Planning Board , and urge the Town to ensure that existing Storm Water Regulations are being followed . The Board further requests that the Town work with Mr. Starner to find a solution to the run -off problems impacting his agricultural operation . Sincerely , - jai( eZL • Richard Ehrhardt, Chair Tompkins County Agriculture and Farmland Protection Board cc: Daniel Starner Lansing Town Clerk Lansing Town Board members Lansing Town Planning Board members The mission of the Tompkins County Agriculture and Farmland Protection Board shall be Co 2nCOt:raCe Caranina .in the County rhrnrah local initiatives which create :avorah1e conditions that TOWN OF LANSING CITIZEN'S ADVISORY COMMITTEE ON THE COMPREHENSIVE PLAN AND ZONING (THE "ZONING COMMITTEE ") MISSION STATEMENT It is the expressed desire of the Town Board of the Town of Lansing to update • and modernize the Comprehensive Plan and zoning laws of the Town of Lansing . The Town Board desired to create a more flexible plan and laws that would promote business development in business parks and along major commercial corridors, mainly including State Routes 34 and 34-B and Triphammer and Peruville Roads . History has shown that businesses tend to locate where there are high vehicle counts in visible areas . The Town Board believes that the nodal model of development is preferential for the Town as it will create a Town Center and consolidate services in smaller areas, thus saving costs for the Town and its constituents . When attempting to implement these changes it became clear that there were alternate versions of the future of planning and zoning within the Town . Even among those who agreed with the Town Board 's vision, there were those who disagreed with the proposed implementation plan . The Town thus referred the matter on numerous occasions to the public and to the Planning Board and ZBA for comment, and as most know by now , the process became broken . Thus, with the blessing of the Planning Board and the ZBA, and with the express authorization of the Town Board, Supervisor Pinney created this Citizens Advisory Committee to try to find consensus about the future of planning and zoning in the Town, and as importantly , to make recommendations to the Town Board, the Planning Board , and the ZBA as to how to implement the vision of this Committee. Accordingly, the Committee is charged with achieving the following objectives on or before January 15 , 2009: 1 . Making recommendations for updating the Town' s Comprehensive Plan, including the specific language thereof; 2 . Identifying whether block and zone zoning is the best alternative for zoning in the Town - is the old system of R1 , R2, R3, Bl and 132 still viable or should more modernized categories of zones be created; including identifying whether incentive based zoning, or more flexible zoning rules and procedures, can improve the community and increase business counts, while protecting residential uses, public peace, public , r order, the right to farm, and land values, including a consideration of mixed -use districts, overlay districts, floating zones and PDAs; 3 . Making a recommendation as to the vision and viability of a Town Center, including where it should be located, and what types of zoning regulations and zones should apply; 4. Determining the means and methods for preserving open space and the viability of agriculture in the Town; 5 . Determining whether to preserve grandfathered non-conforming uses, or whether they should be amortized out of existence (and if so, upon what terms); 6 . Under whatever zoning proposal the Committee recommends, where will zoning lines be drawn - what will an updated zoning map look like; and finally 7. The proposed language of a new zoning law to implement this vision. The Town Board is aware that this is a huge task; but that is why each one of you was chosen . Thanks for your past and continued service to the Town . Sincerely yours, A . Scott Piruley, Supervisor, Town of Lansing August 11 , 2008 TO: THE TOWN OF LANSING PLANNING BOARD FROM: LINDA A HIRVONEhN I respectfully request that any comments alleged to have been said by me in a statement submitted by Deputy Town Supervisor Connie Wilcox, not be included in the Planning Board minutes. Whatever I may or may not have said was not said publicly and should, therefore, not be included In a public document. Linda A. Hirvonen Page 1of1 Tolcodes From : "Tolcodes" <tolcodes@twcny. rr . com > To : "Wayne Matteson" <wmatteson@frontiernet. net> ; "Viola Miller" < Robert- S- Miller@Verizon . Net> ; "Town of Lansing - Clerk's Office" <townclrk@twcny . rr . com> ; "Timothy Buhl " <tcbuhl@verizon . net> ; "Thomas Ellis" <TMEIlis498@aol .com > ; "Supervisor, A. Scott Pinney" <asp243@twcny . rr.com > ; "Steve Colt" <Steve-lansingrec@twcny . rr.com > ; "Sharon Bowman" <sbbowman@twcny . rr.com > ; "Scott Purcell , Fire Chief' <spurcell@lansingfire_ net> ; "Ruth Hopkins" <rah27@comell . edu > ; "Ronald Bricker" <rab4@cornell . edu > ; " Richard Platt" <DPLATT3@TWCNY . RR . COM> ; "Penny" <psloughter76@twcny . rr. com > ; " Patrick Tyrrell" <patrick-Iansingrec@twcny . rr. com> ; "Nancy Loncto" <njs6@Einaudi. Cornell .edu> ; "Matthew Besemer" < Matt . Besemer@hotmail .com> ; "Marty Christopher" <brownsnolfan@hotmail .com > ; "Lynnette" <Lynnette001 @aol . com> ; "Lorraine Moynihan Schmitt" < LSchmitt@thalerandthaler. com > ; " Linda Hirvonen" <LAHirvonen@Warrenhomes . com> ; "Lin Davidson " <nldl@cornell . edu > ; "Larry Sharpsteen" <Larbear@Juno .com> ; "John Howell" <jch10@comell . edu> ; <jkoski@tompkins -co . org> ; "Jay Franklin" <jfranklin@tompkins-co .org> ; "Jack French " < lanshwy@twcny. rr . com> ; " Irene Kehoe" <ikehoe@tompkins-co .org > ; "Henry (Hurl) Sheldon" <hurf@graphics . cornell .edu > ; "Guy Krogh" <Gkrogh@ThalerandThaler.com > ; "Gregg Travis , ZBA Chairman " < GFT1@cornell .edu > ; " Froggy" <charliepurce1120@yahoo .com > ; " Erik Whitney" <erikw_60@yahoo.com> ; "Dittman , David" <dad19@sha . comell .edu >; "Deb Caraco" <dsc@tgmillerpc . com> ; "Dawn Tordel " <dtordel@thalerandthaler. com> ; "David Herrick, P . E ." < DAH@TGMILLERPC . COM> ; "Dan Veaner" <dan@lansingstar.com > ; " Dan Konowalow" <dkonowalow@twcny . rr.com > ; "Connie Wilcox , Deputy Supervisor" <Wilcoxc@hotmail . com> ; "Charmagne Rumgay" <charrum@twcny . rr.com> ; "Bud Shattuck" <anticipationantiques@yahoo .com > ; "Bud Shattuck" <bshattuck@tompkins -co .org> ; "Bonny Boles" < Bonny22@Twcny . rr . com> ; "Ben Curtis" <codeofficer@vlansing . org > ; < MoeMug@aol .com > ; " Lynn Day" <LDAY8@TWCNY. RR.COM > Cc : "Jeff Overstrom" <joverstrom@twcny. rr. com > Sent : Monday , July 14 , 2008 11A9 AM Subject: New Town of Lansing Employee Jeff Overstrom has joined the Town of Lansing as Engineering and Planning Coordinator for the Planning Department. Please add Jeff's email address to your address book; joverstrom@twcny rr. com Jeff may be reached by calling 533-7054 (ext # 26 ) between the hours of 7 :00 AM to 4 : 30 PM . Thank you , Rachel 7/ 14/2008 Page 1 of 2 w Tolcodes From : "Lorraine Moynihan Schmitt" VIschrnittthalerandthaler,com > To: " Matt Besemer" <matt . besemor hotmail .com > ; "'Tolcodes" <tolcodes twcny. rr , com> ; " Larry Fharpsteen " <lorbear juno . com > ; "Lin Davidson" <nld1 ( cornell , eho> ; <njs6 is . coroell . edu >; " Richard Plaid" chplatt3 twcny , rr, com > ; "Thomas Ellis"' <tmetlis4bb ao1 . com > ; "Viola Miller" < rob a rt-s-mil l e rive rizon _ net> Sent : Wednesday , July 30 , 2008 1 : 18 PM Subject : RE : Vote-Altemate Position Greetings all : Unfortunately , I would respectfully submit that both Matt and Rachel are in error on some points in their emails. The voting membership of the planning board consists of six (6) members now , not seven (7 ) , due to Larry Fuhdema ' s resignation and no alternate in place . Votes need to be carried by a majority of the voting membership of the Planning Board which is how I always calculate . Here we have a 6 person voting membership, due to Larry uidema's resignation . A majority of the VOTING MEMBERSHIP is hence four votes , Pursuant to Town Law § 271 ) 16) " Every motion or resolution of the planning board small require for its adoption the affirmative vote of a majority oh the members of the planning board . " This planning board has 6 members . Accordingly : four votes are needed to carry any action . Town Law § F71 ( 1 ) provides that Planning Boards shad consist of 5 or 7 members. Town Law § 271 (8) provides that " If a vacancy shall occur otherwise than by expiration of term, the town board shall appoint the new member for the unexpired term. Town Low § 279 ( 7 ) provides that a Town Board may decrease a seven member board to five members by local law or ordinance _ . . . to take effect upon the next two expirations of terms. ) hope this clarifies things somewhat . _ . Best, Lorraine From : !Matt Fesemer [ mailto : matt. besemerhotrrrail . com] Sent: Tuesday, July 29, 2008 9 : 54 Ptd1 To: To/codes; Larry Sharpateen ; Lin Davidson ; njs6is. cornell .edu ; Richard Platt; Thomas Ellis; Viola Miller; Lorraine Moynihan Schmitt Subject: FE : Vote-Alternate Position It doesn 't matter how many are present, it is still a 7 member board . That means there needs to be atleant 4 ayes for the vote to pass . Matt • From : tolnodes@twcny . rr.com To : Larbear@Junoroom; oldf nornell . edu ; Matt. Besemer@hotmail .com; njsF@is .cernell .edu; FbWJ I3©T VNY , RR. COM ; TMEIIis498@aol .com; Robert- S- Miller Verionn . Net; LSchmitto@thalerandthalerrcom Subject: Vote-Alternate Position Date: Tue, 29 Jul 2008 1. : 27 : 33 -EWE 713012008 Page 2 of 2 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 CARRIED . Use video conversation to talk face-to-face with Windows Live Messenger. Get started . 7/30/2008 Page l of 2 Tolcodes From : "Lorraine Moynihan Schmitt" < Ischmitt@thalerandthaler.com > To : "'Tolcodes"' <tolcodes@twcny . rr.com > Sent : Wednesday , July 30 , 2008 3 :25 PM Subject : RE : Vote-Alternate Position You are welcome ! I miss talking to you . ; -) Hope all is well . Cheers , Lorraine From : Tolcodes [mailto : tolcodes@twcny . rr.com] Sent: Wednesday, July 30, 2008 1 : 53 PM To: Lorraine Moynihan Schmitt Subject: Re : Vote-Alternate Position • Thank you Lorraine . Original Message From : Lorraine Moynihan Schmitt To : ' Matt Besemer' ; 'Tolcodes' ; ' Larry Sharpsteen ' ; ' Lin. Davidson ' ; njs6@is. cornell. edu ; 'Richard Platt' ; 'Thomas Ellis' ; 'Viola Miller' S ent: Wednesday , July 30 , 2008 1 : 18 PM S ubject : RE : Vote-Alternate Position G reetings all : U nfortunately , I would respectfully submit that both Matt and Rachel are in error on some points in their emails . The voting membership of the planning board consists of six (6) members now, not seven (7) , due to Larry Zuidema 's resignation and no alternate in place . Votes need to be carried by a majority of the voting nnembership of the Planning Board which is how I always calculate. Here we have a 6 person voting membership, due to Larry Zuidema 's resignation . A majority of the VOTING MEMBERSHIP is hence four votes , Pursuant to Town Law § 271 ( 16) " Every motion or resolution of the planning board shall require for its adoption the affirmative vote of a major of_ the members of the planning board . " This planning board has 6 members. Accordingly , four votes are needed to carry any action . Town Law § 271 ( 1 ) provides that Planning Boards shall consist of 5 or 7 members . Town Law § 271 (8) provides that " If a vacancy shall occur otherwise than by expiration of term, the town board shall appoint the new member for the unexpired term . Town Law § 271 (7) provides that a Town Board may decrease a seven member board to five members by local law or ordinance . . . . to take effect upon the next two expirations of terms. ) I hope this clarifies things somewhat . . Best, Lorraine 7/31 /2008 Page 2 of 2 From : Matt Besemer [mailto : matt. besemer@hotmail . com] Sent: Tuesday, July 29, 2008 9 : 54 PM To : Tolcodes; Larry Sharpsteen ; Lin Davidson; njs6@is. cornell . edu ; Richard Platt; Thomas Ellis; Viola Miller; Lorraine Moynihan Schmitt 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 : tolcodes@twcny . rr.com To : Larbear@Juno . com ; nldl@cornell .edu ; Matt. Besemer@hotmail . com ; njs6@is.cornell .edu ; DPLATT3@TWCNY. RR . COM ; TMEIlis498@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 En. VOTE AS FOLLOWS: Thomas Ellis - Aye David Hatfield. - No Nancy Loncto - Aye Viola Miller - Abstained Lin Davidson - Aye MOTION CARRIED . Use video conversation to talk face-to-face with Windows Live Messenger. Get started . 7/31 /2008 R ctc e 'S Page l of 6 Tolcodes From: "Dick Platt" <dplatt3©twcny . rr. com> To: "Tolcodes" <Tolcodes@TWCNY . rr.com> Sent: Friday , August 01 , 2008 832 AM Subject: Fw: Planning Board Legal Counsel — Original Message -- I ' From : Scott Pinney To : Lin Davidson Cc : Dick Platt ; Bud Shattuck ; Connie Wilcox ; Marty Christopher ; matt Besemer ; Jeff Overstrom Sent: Thursday, July 31 , 2008 7: 12 PM Subject : Fw : Planning Board Legal Counsel Un ; Please share this with everyone that may be interested . Scott Original Message From : Guy Krogh To : Scott Pinney Sent: Tuesday , July 29 , 2008 4:30 PM Subject: Re: Planning Board Legal Counsel I' ll attempt to answer the questions presented . However, these questions actually have as their underpinning some assumptions that make answers difficult - mainly as I do not know exactly where these projects are procedurally with the P13. However, when applicable, I'll try to point these issues out. There are about 1.0 questions in there, so bear with me. My answers and comments are in blue. Scott, Thanks for your attention to Lorraine's concerns as they remain concerns of the Planning Board along with a couple of other concerns - which I hope you will agree to pass along to Lorraine . 1 . Secord - the application has received some attention from the Town Board due to the fact there is no existing sewer system Okay, but there seems to bean implied question that deserves some comments. First, to be clear, the PB is an independent board . It is supposed to functionindependently of Town Board control . Input and coordination are perfectly acceptable, but their deliberations are supposed to be independently based upon their fields of expertise and operations - mainly, zoning, planning, growth, compliance with Comprehensive Plans, zoning laws, etc . Thus, I think the PB and the TB need to draw dear lines as to who is reviewing what, who is approving what, and in what order. I was present when the conceptual issue of having the Town Board be Lead Agency was presented - on account of the fact that this project required a wastewater district, and thus the PB felt it was appropriate to have the TB do the SEQRA, presumably as it would allow for 1 SEQRA review for both the subdivision and the wastewater district. You may recall my confusion, and I inquired whether there would be coordinated review given that it is generally not within the purview of the TB to do reviews of subdivisions (almost universally, these SEQRA reviews throughout the NYS are performed by PBs - as is true in Lansing). I was trying to be sensitive to the PBs jurisdiction, but it seems to have become clear since then that the PB thinks they can do nothing until the TB does the 8/ 1 /2008 Page 2 of 6 SEQRA . The original " action " of the TB was to approve the "concept" so that the PB could proceed with a review . You specifically told the Developer that the PB had the jurisdiction to review at that point, and that was at a public meeting. Now, there is some real confusion about process. It seems clear that the Developer has not yet even submitted a preliminary plot, yet we have scheduled a SEQRA. His last plat filing was rejected as it simply could not have been qualified as a preliminary plat. The Developer is also unclear about his infrastructure. There might be one and two family residences, but there might be some condominiums or apartments too . He has gone from a "central septic discharge" concept, to a mini -sewer (though both fit within the confines of a wastewater district). In short, after discussion with Dick Platt, Jeff Overstrom , Lorraine, and reviewing file materials, it is painfully clear that the SEQRA is premature. The PB needs to perform its reviews - the PB needs to have the Developer's Conference, review and comment upon the Sketch Plan, review and comment upon the Preliminary Plat and get the Preliminary Plat into a condition whereby the P13 can advise the TB that they are near ready, the final designs and infrastructure layouts are near ready, and they are ready to approve the final Preliminary Plat, subject to the TB performing a SEQRA.. Here, there is not even a Preliminary Plat yet, so I am quite puzzled as to why the Developer pushed to proceed , and got his way, and why the PB, per the Developer, allegedly "cannot review it" without the SEQRA. These statements make no sense procedurally or legally. Additionally, the PB should not approve a preliminary plat without sewer infrastructure being shown (the same is true for site plans as well) - so yes - they would need the SEQRA review completed . But the " approval" I' m talking about in order for the TB to proceed with SEQRA is not the final or formal approval - just an indication that the preliminary plat is near final form such that there is a basis to proceed (recall that I distinguished between a " preliminary preliminary plat" and a " final preliminary plat"). Yes, final or formal approval must await SEQRA. The SEQRA review supposedly came to the Town Board upon a sewerage question, but I am. still not fully aware as to why. The formation of a wastewater district would require a separate SEQRA review anyway, and historically, so too do water extensions, CWD boundary changes, and drainage districts. The PB has never before came to the TB and said that since the TB has a SEQRA function, then they should do the SEQRA for the subdivision itself. I know a wastewater district is a new concept, but in reality it is not more complex, in terms of organization, than forming a water district extension - the procedures are almost the same. Thus, as my several comments have suggested consistently from day one - I remain confused as to why this process is as it is, but since it is, the TB should not proceed with SEQRA until the project's scope, layout, density, infrastructure, roadways, etc ., are laid out in a proposed final form ( meaning, there is a final preliminary plat near ready for approval by the PB) . 2. Cayuga Farms - is in the same category - no existing sewer system I think Cayuga Farms is a very different type of project. It does not seem accurate to classify these projects similarly as Seacord envisions a wastewater district for a collective on -site discharge and elimination system and Cayuga Farms envisions a traditional sewer. Seacord 's plan is much simpler and 8/1 /2008 Page 3 of 6 can be fully realized within 6 months through a Town-controlled Article 12-type process, similar to water district formation. Towards this end , the creation and approval of the Seacord treatment plant is within the control of the Town, and the DEC and County, as well as the Town Board , have voiced support for this plan and this type of treatment solution. Cayuga Farms, on the other hand, will require permission from the Village of Lansing to run trunk lines and install one or more pump stations. Access to a treatment plant, most likely Cayuga Heights, will also need to be negotiated , as well as several rights-of- way . Then there is the needed DOT permit, etc. This is highly speculative, and well outside of the control of the Town. Given past experience, it seems unlikely that Cayuga Farms could get sewer services within 5 years, if ever. However, the Developer of this project is an experienced Developer who usually forms interlocking LLCs with NYC investors. To the extent that he is a real estate developer, it is up to him as to what level of risk to assume. I would not counsel the Town, the TB or the PB to approve a project of that size contingent upon sewer. How can a site plan be approved (even though I think this may be a PDA) without essential infrastructure being shown on the plan ? This makes no sense to me. Pd tell the Developer " tough" - go get a MOU signed by the Villages of Lansing and Cayuga Heights that shows that you have a likelihood of actually getting sewer services, and then the Town will be in a position to discuss the project further. Otherwise, approvals will be limited to the feasible. Even then, however, they still have the problem of potentially obtaining dozens of easements and a DOT permit. . . . 1 Because these are new situations coming to the Town and involve the Planning Board could you please check with counsel on the following procedures : Can we even consider these until the Town Board has discerned and resolved the sewer questions fully Yes, and as a Planning Board they should per my long answer to the first point made. Unless I am mistaken, an application comes in, then it is reviewed internally, classified, and sent to the PB for a developer's conference/ sketch plan review . This is followed, usually, by a preliminary plat, upon which formal comments are made, changes are suggested or needed, and as applicable, conditions might be attached before approval of the Final Preliminary Plat. Most often, a Developer amends the Preliminary Plat once or twice, and when it is in near final/ status-ready format, the PB does the SEQRA and approves the Preliminary Plat. Thus, the PB should conduct a review to get near the final preliminary plat stage so that the TB has some idea if they are reviewing what will likely be approved , with or without conditions . I am not a fan of huge contingencies, like "contingent upon a sewer and lawful interconnection to a licensed treatment plant" . They may technically be legal, but in my opinion they can be quite unwise. In contrast, a contingency that a district be formed by the Town is not too big a deal . There is a difference between a sewer district and a wastewater district - as pointed out, the Town has control over a wastewater district, and these types of districts are, or could be, common contingencies, much like the creation and dedication of drainage districts and stormwater facilities, or requirements for access to the CWD, whether by boundary change or formal extensions. A sewer, in contrast, involves intermunicipal agreements, ratemaking agreements, etc . Sewers are very large, very long, very contingent projects not in within the control of the Town . This, to me, is a huge difference. 8/ 1 /2008 • Page 4 of 6 Can we make a recommendation to the Town Board based on sketch plan that we would look at such developments favorably if the sewer questions were resolved by the Town Board and then move forward once the sewer questions have been fully addressed by the Town Board ? First, the language " resolved by the Town Board " does not really apply at all . Secondly, I am not fully sure I understand this question. "Pre-approval approvals" should not be provided . " Looking favorably " is not a good idea either. Either a plan or proposal is supported or it is not Usually it should be supported as submitted , with a disclaimer as to new, additional, updated or amended information. In a sense this is sort of the Lansing Commons SEQRA question all over again - what is the Town Board going to review if the Planning Board is still in the preliminary review stages and even the Developer says he' s not sure what types of buildings are going in ? I suspect in the long run that Bud , me, Lorraine, and Jeff are going to be proven right -this may actually be a PDA. At this point I think, but do not know for sure, that the Planning Office classified this as a site plan review project. Thus, the role of the PB is to review the application for criteria specific to that action as set forth in the ZO - whether as a subdivision, site plan, or as a PDA . Has the Developer submitted a final proposed plan that the PB believes will be approved as a Preliminary Plat? I'd have to say "no", and note further that it really could not qualify as a plat or a site plan if the sewer infrastructure is not shown . The Developer needs to supply this information, otherwise SEQRA is indeed premature. Of course the Developer is going to say they do not want to go through the sewer process without knowing whether a site plan will be approved, and they may even get another municipality to say they need an approved site plan before they' ll grant capacity so that they can indeed measure flowage and know whether they can supply services . I do not know a good answer to this except to ask the Developer how they intend to proceed with a Site Plan without showing the location and design of the infrastructure, with the further caveat that without knowing the type and location of buildings, how can they know what the cost or effluent flow will be? There is a problem for the Developer, andmaybe the only options are approval with a huge condition concisely written, or have the Developer proceed with some assurance of sewer at his own risk. Obviously, as stated above, I think the better, and wiser, course is the latter course. Let the Developer assume this risk - not the Town. This would rely on Section 603. 0 (pg38) current Ordinance - "In districts where public water or sewers are likely to be provided within 5 years from the date a subdivision proposal is submitted , lot regulations for area "with public water or sewers available" , as set forth in schedule II , will be permitted in subdivision design when at least every other lot is left vacant until municipal water or sewage disposal service is available and if the subdivider has obtained Health department approval for such delayed development proposal. In such cases , building permits will be issued only for alternate lots until public water or sewers have been made available . OR Would it be best to have the Planning Department determine at the sketch plan phase that the application fits the criteria of a PDA because these situations do not conform to any standardized criteria in our Ordinance? I got a bit ahead of myself, but see above. I think I've beat this point to death by now . This then puts more responsibility on the Planning Board and the Town Board to work more closely together with much more involvement from the citizens of the town . This would rely on Section 706. 0 (beginning on pg . 45) whose "intent is to introduce flexibility in conventional land use and design t . By applying performance criteria establish to encourage development, through the process of review , discussion and ordinance amendment, insuring efficacy investment in public improvements , a more 8/ 1 /2008 • Page 5 of 6 suitable environment, and protection of community interest. " - not contravene the objectives of the Comprehensive Plan - this in effect is a rezoning of land by the town Board to a Planned Development Area . Usually a PDA is supported by a zoning amendment (usually by local law ) to create individualized zoning for the PDA area . This, of course, if a very different process from a subdivision or a site plan review . So too is the SEQRA process as you have a local law affecting land use regulations, and the actual nature of the proposed " site plan" to consider, each of which triggers a mandatory review under SEQRA. As of now, and as to Seacord, the Town Board seems to be attempting to perform. a SEQRA review upon an sketch plan with a defective LEAF - though I understand the Developer is trying to "get it all done" so that the SEQRA can go forward and not have to be re-done or adjourned . I' ll try to hold my sarcasm in check when I repeatedly get to say " I told you so" (but I doubt I'll speak up, I usually let the Developer's rant) . Then because it seems Lorraine will not be present at our business meetings would you please ascertain for me on behalf of the Planning Board members the following : I' m not sure this is always true, I believe you stated that there would be meetings where she should be present - she merely need not be there for all meetings. In fact, it was impossible to provide this analysis without Lorraine's input - she is the PB's counsel and was more up to speed on these projects. 1 . What is the exposure of volunteer board members should we make a collective mistake are we individually libel? - are we collectively libel? - is the town liable? Depends upon the type of claim and/ or the type of liability . Generally there is no individual exposure, but if a plan was denied upon the basis of race, ethnicity, religion, etc, for example, then individual liability could attach . Similarly, if property rights are violated in a manner as could trigger a civil rights claim under USCA Section 1.983, then again individual liability could attach. As over 80 % of municipal. litigation relates to land use issues, my personal opinion is that, in the long run, having an attorney present saves money . Not being an elected official, I am not responsible to weigh risk against budgets and costs and decide what level of risk to assume. You do get that pleasure! 2 . Or some combination of the above? 3 . Does the town have adequate insurance coverage from counsel's point of view should a suit for error or omissions or inconsistent review and determination occur I believe so, but John Bailey is the better person to answer this question. Given changes in the law about 34 years ago, I recommended that the Townobtain coverage for these types of claims and I believe the Town did so as John Bailey concurred. John explained how such claims, win or lose, are very expensive to litigate, so coverage just for the costs and defense fees was enough to have the prior Board decide "yes " and obtain such coverage. I had Lorraine review these answers and she clarified some issues and provided some very helpful facts and insights. I did this as I needed that input to give full answers, and as the actual request from Lin was for you to ask Lorraine. I believe\ the Planning Board attorney should be in the loop on these large project determinations, especially where they are novel and not before a type of project handled before in the Town . I also spoke with Jeff, and he seems to be on the same page as we are. He also thinks Lansing Commons (i) should not have a contingency as large and speculative as "sewers", and (ii) that the Lansing Commons project is a PDA masquerading as a simple site plan review. You should speak with him about this, as a re-classification may be in order. 8/ 1 /2008 Page 6 of 6 1 Though Jeff did not say so, and this is just my opinion, if Seacordwants variable structures and density, then I think he too may be a PDA. More answers than you wanted - but you asked ! Let me know if you want more comments or analysis . Guy K. Krogh, Esq . Thaler & Thaler 309 North Tioga Street P.O. 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