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HomeMy WebLinkAbout2009-01-26 APPROVED 01/26/09 PB Town of Lansing Monday, January 26, 2009 7:15 PM PLANNING BOARD PLANNING BOARD MEMBERS )*Denotes present) * Nancy Loncto * Tom Ellis * Larry Sharpsteen Lin Davidson,Chairman * Viola Miller David Hatfield Marty Christopher,Town Board Liaison * Richard Prybyl * Jeffrey Overstrom,EIT David Buck,Alternate * Lorraine Moynihan Schmitt,Esq. Public Present Robert Porter Wayne Matteson Jr,.P.E. Donald Poch Timothy Buhl,P.E. General Business Lin Davidson called the Planning Board Meeting to order at 7:17 PM. Public Comments/Concerns Mr. Davidson, Chairman inquired if there were any Public Bodies present that would like to make a statement. There were none Other Business Larry Sharpsteen brought to the Board's attention that he heard on the local radio that the Town Board is considering changing the term of the Planning Board Members from the current seven (7) year term to a three (3) year term. Ms. Moynihan Schmitt indicated she was not at the Meeting however, she has been advised a discussion did take place regarding the term length, however no action was taken. Ms. Moynihan Schmitt further indicated Supervisor Pinney made it perfectly clear that he did not want to put a limit on the number of terms you can have consecutively because he felt new Members do need time to bring them selves up to speed. 1 APPROVED 01/26/09 PB SEAR Review- Exempt 1 Lot Subdivision, Applicant: Patricia Porter, Auburn Road, Tax Parcel # 31.-1-15.2 Mr. Porter appeared before the Planning Board requesting an Exempt 1 Lot Subdivision. Larry Sharpsteen inquired from Jeffrey Overstrom if the use was an allowable one for the IR District. Mr. Overstrom indicated there is no proposed use,just a Subdivision. Mr. Sharpsteen further explained his point being the Board can not create a Subdivision for an illegal use. When completing the SEQR, the Board must take into consideration the use of land. If the use is not allowed in the District, then the Planning Board is creating an illegal Subdivision. It was the consensus of the Board to document on the SEQR Form that the Board is only looking at vacant land. The Planning Board reviewed Part I of the Short Environmental Assessment Form completed by the Applicant and completed Part II by the Planning Board Members. It was noted on the SEQR Form that no affects due to change of lot lines occurred. No significant adverse environmental impact or effects were identified in Part II by the Planning Board Members. Thomas Ellis made a motion to declare a negative declaration. David Hatfield seconded. VOTE AS FOLLOWS Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto - Aye Viola Miller - Aye Richard Prybyl - Aye Larry Sharpsteen- Aye Lin Davidson - Aye MOTION CARRIED. Nancy Loncto made a motion requesting that the Tompkins County 239 recommendation with regards to egress/ingress be noted on the Survey. Larry Sharpsteen seconded. VOTE AS FOLLOWS Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto - Aye Viola Miller - Aye Richard Prybyl - Aye Larry Sharpsteen- Aye 2 APPROVED 01/26/09 PB Lin Davidson - Aye MOTION CARRIED. SEQR Review - Exempt 1 Lot Subdivision, Applicant: Kyle Stauffeneker, Goodman Road, Tax Parcel # P/O 20.-1-8.22 Kyle Stauffeneker appeared before the Planning Board for a 1 Lot Subdivision. Mr. Overstrom advised the Board the only issue with this particular parcel would be the drainage. In a letter received late 2008 addressed to the Town Board, the Starner Farm had concerns with future development due to drainage issues. Mr. Overstrom further stated he has spoke with Mr. Stauffeneker and he has presented plans for a Single Family Home that will have all drainage routed towards the back of the parcel. There will be no additional drainage in the front to travel along Goodman Road down to the Starner property. The Planning Board reviewed Part I of the Short Environmental Assessment Form completed by the Applicant and completed Part II by the Planning Board Members. It was noted on the SEQR Form that no affects due to change of lot lines occurred. No significant adverse environmental impact or effects were identified in Part II by the Planning Board Members. Larry Sharpsteen noted for the record that this is basically just a big corn field and is adjacent to the old abandoned Town Line Road. There are no Archeological or Historical significance. David Hatfield made a motion to declare a negative declaration. Nancy Loncto seconded. VOTE AS FOLLOWS Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto - Aye Viola Miller - Aye Richard Prybyl - Aye Larry Sharpsteen- Aye Lin Davidson - Aye MOTION CARRIED. Statement of Intent to Comply -Lansing Commons. Cayuga Vista Drive, Tax Parcel # 37.1-2-53.222 Ms. Moynihan Schmitt explained there was a discussion about the feasibility conference having already been affected in so far as the Application had gone through the process up until this point and would the Planning Board entertain a conversion to a PDA and go right to the Statement of Intent. Jeffrey Overstrom stated Mr. Matteson and Mr. Seacord have done so much on the project to this 3 APPROVED 01/26/09 PB point, that the Town Board and Planning Office are on board with them and asked them to proceed to Section 706. Larry Sharpsteen stated that more than once the Planning Board felt that a PDA would be more than appropriate for this type of proposal. Nancy Loncto made a motion to set a Public Hearing for Monday, February 23, 2009 at 7:25 PM and offered the following Resolution. Larry Sharpsteen seconded. The following Resolution was offered; RESOLUTION No. 09-08 RESOLUTION OF THE PLANNING BOARD ACCEPTING REQUEST OF APPLICANT,J.RONALD SEACORD,TO CONVERT LANSING COMMONS SUBDIVSION APPLICATION TO AN APPLICATION FOR PDA APPROVAL AND ACCEPTING THE APPLICANT'S JANUARY 7,2009 STATEMENT OF INTENT TO COMPLY WITH THE CONDITIONS AND SPECIFICATIONS UNDER WHICH SAID APPLICATION FOR PDA CONSIDERATION MAY BE APPROVED BY THE PLANNING BOARD PURSUANT TO LANSING LAND USE ORDINANCE SECTION 706.5 WHEREAS, Applicant, Ronald J. Seacord, has requested Planning Board Approval to permit conversion to a PDA of the pending application for Lansing Commons Subdivision and Site Plan approval of a 13.559 acre three (3) phase residential and commercial mixed use development in the B1 District located a the south of intersection of Cayuga Vista Drive and Woodsedge Drive in the Town of Lansing, P/O Tax Map Parcel 37-1-2-53.222; and WHEREAS, the Applicant's Engineer, Wayne Matteson, Jr., P.E. has submitted a Preliminary PDA Proposal, dated January 7, 2009, and a Statement of Intent to Comply with Conditions and Specifications of the Planning Board, dated January 7, 2009, respecting the Lansing Commons PDA Proposal; and WHEREAS, on January 26, 2009, the Planning Board considered and carefully reviewed the Applicant's aforementioned Preliminary Proposal and Statement of Intent to Comply and reserves the right to identify potential other conditions and specifications for recommended approval of the Lansing Commons PDA application as the public comment pried and review period of the proposed Lansing Commons PDA progresses; and WHEREAS, upon due consideration and deliberation by the Town of Lansing Planning Board, now therefore be it RESOLVED: that the Preliminary Proposal and Statement of Intent to Comply is accepted by the Planning Board which reserves the right to identify potential other conditions and specifications for approval of the Lansing Commons PDA application as 4 APPROVED 01/26/09 PB the public comment period and review period of the proposed Lansing Commons PDA progresses, and is it further RESOLVED: that the PDA public comment period be commenced, pursuant to Section 706.4 of the Lansing Land Use Ordinance and that, in accordance with Section 706.3.7 thereof, within five (5) days of the date of this resolution, the Applicant and/or the Planning Department shall notify landowners within 600 feet of the subject property that a PDA has been submitted for consideration and that all application documents are available for review in the Lansing Planning and Code Enforcement Office; and it is further RESOLVED: that a public hearing on the proposal shall be duly publicly noticed and held by the Lansing Planning Board on February 23, 2009 at 7:25 P.M. respecting the determination of the Planning Board as to whether it shall recommend to the Town Board a disapproval of the PDA development or recommend a conditional approval subject to such conditions set forth in the Statement of Intent to Comply and/or conditions otherwise imposed by the Planning Board and subject to completion of the required SEQR environmental review pursuant to the Lansing Land Use Ordinance Section 706.5. VOTE AS FOLLOWS: Thomas Ellis -Aye David Hatfield- Aye Nancy Loncto-Aye Viola Miller - Aye Richard Prybyl-Aye Larry Sharpsteen-Aye Lin Davidson -Aye MOTION CARRIED. Further Discussion - Lansing Commons Thomas Ellis concerns: 1. Original proposal indicated "affordable housing", this is not. 2. Maximum density for the proposal needs to be set. 3. Package Plant designed for the maximum capacity. 4. Amend the wording on page 4 under Sewer and Water Systems to clearly state that any cost for operating this system will be handled by the Developer first and any balance by the Benefit District. Larry Sharpsteen agreed with the Plant being built from the beginning to handle maximum capacity. Wayne Matteson states his understanding is they will have to return at the beginning of every phase before anything else can happen. The Package Plant they are proposing is a 15,000 gallon a day. Basically the first phase goes to build out excluding the possibly of 4-5 unit Apartments going in to the first 2 lots. The 5 APPROVED 01/26/09 PB first phase will not exceed 5,000 gallons per day. Mr. Matteson states he recently spoke with the DEC to get approval for 15,000 gallons per day. If in the second phase a modification needs to be done, it will be done at that time before any further work can move forward. Nancy Loncto requested from Mr. Matteson that he obtain examples from the DEC of other places that have a similar Treatment Plant. Larry Sharpsteen inquired as to what point does the Town take over ownership of the plant? Mr. Sharpsteen felt the boards concerns are; 1. Amend the wording on page 4 under Sewer and Water Systems to clearly state that any cost for operating this system will be handled by the Developer first and any balance by the Benefit District. 2. Maximum density established for the proposed plant 3. At what point does the Town take over the Plant from the Developer. Update-Cayuga Farms Town Homes, N. Triphammer Road, Tax Parcel # 37.1-6-3.362 Lin Davidson, Chairman received a letter this evening from a resident residing near the proposed project. Mr. Davidson read the following; 6 APPROVED 01/26/09 PB Dear Mr Overstrum,Ms. Davidson and Mr Christopher Due to my work schedule, I am unab'e to attend tonight's meeting*liowever,il could appreciate it% if the following could be added to the record of the meeting: Ouesbon: Citizens attended a meeting last Summer and raised questions about both Cayuga Farms(on Triphammer Rd)and Cayuga Vista(near Woodsedge) At that time we were told there would be public Information sessions When wi4I there be public rnformatior sessions(not public hearings)on these two developments and, most importantly,will these meetings occur BEFORE the town signs contracts with the developers and commits town funds to maintenance of their sawyer packages,etc We are very concerned about any additional tax burdens that might be incurred by local residents as a result of any such contracts that make such commitments. I originally lived on Long Island where the Southwest Sewer District has been in piece for decades I learned from having lived in an area with a sewer district in place that an unforeseen -- - maintenance issue that might come up in the future and for which.in our case.Lansing residents would have to pay,could be catastrophic and run into the many millions of dollars. The residents of this area. already hard-hut by the current economic situation and knowing it is worsening every day,cannot afford for the Board to make this type of open-ended commitment We just cannot take the risk We need information meetings/heannga/referendums, etc In addition. to put it succinctly at a tine when tin kiersr'developers are going belly up in droves throughout the country, what assurances would the residents of this area have that should this project go forward.the developer has sufficient funds to erect these two projects. not to mention Property maintain them in the future,whether or not the units are sold? To people living in our area.it seems a joke to continue to permit the bidding of high- value housing comple s when there we presently hundreds of high-vekre houses for sate (1250.000 and up)nght now n this area,most of which have no prospector buyers in sight Anyone looking at houses for sabrttouses sold and respective values over the lest year can see this is a major problem. Why would we need additional housng when what we have remains unoocupiedhutsold? Even before this catastrophic economic Depression there was a question as to whether.if built these units could be sold Now that we we n the worse Depression snce the 1930s,this*tight be the most important issue of this question that we face Thank you for your assistance. Elisabeth Hagerty,2 Asbury Dnve, Ithaca, NY 14850-257-3532 Larry Sharpsteen expressed disappointment that the Board had to listen to a political editorial that was loaded with lies, misperceptions and half truths. Timothy Buhl, P.E. shared the following Map with the Members. 7 APPROVED 01/26/09 PB 3 0,I ,1•4 V -,:•:;q; —4 0 , \ Jc . z. I s 3 111 _„7- 1:7 •• • • •I...-I::-ifi,, ‘- 1 • .• ---it %; • • • „,,' .• 4 • . •. . .. . 4 I f, II Ilik U * .41 q,',..• '7--a v a . • 4 Pt II ' . ,,.- ,. , •, „. , „, ...1 . --s, -:-.7-,.:--4,--,,c...---.--„,_-_-_,.. . % • -.1 ii4 mai. .--: it,. ..„ x, ,• - , ii,,, •‘‘,,,,ti ,• ,A: fj.of -• -A •; 1 t 4 ' 1 •-■ -: . .1 .1 I 1, , ' '41‘: .' l'/ I .' I : Aadri ilkille,4 ' ./I 1 lz-;__ e',Airsi, -"Itt 0 I , g g.6 rri f■ — ,i • • tl & 13 LI:• •-• Oil:, i\ L-s--‘,, • ,.".. :I- v ',• , - ■ L• A.... 1/•, •TI * 11. '1') 0 -7 * 1 I - ...a Z i, . ,v.,11,45,. , . •• 1 il ,--• ..4 _. , I t t . . . ,._ 1 i a ,I, I "-,, * $i -ill , ' le •,.• ti , . 4 .,, '.., 0,,, , . , g 1 ;• - - rA hi , .•,.. k \ al \ i ti, a-., . i-"s• ..• .' 'ti.':I! . ' t 1 Ab, ;„t - a ANT--•,4 0 ir . ,f, . t I ■••47.:.- ' '4 * 4 ZI.4."0.. ,,' ie i at i :1-- ,e trk. 4 1u007,. ,t,, mi-... _• . .k. 4•;1 U 2 i ....3 1 li 4, g ii • • W4„,i ;- '• lot = lst ;',".4 , - - ----------- -1 ' .0i-ag " z I 1 !-,'•- P. ,,, • , • 1., , ".... 4,. • . i , f 1, . .4:,,„,- • li 12 0-•'' , 1. ' ', A ' ' I 6„I' ft- *.', 9= .. N: • A.......,: 1! t A,. a I 'a e , 5, '10 ss/) r ' f'' 1 •;i 1 i • 414 . .i I k' g t ft 4I 1 ' • ' _ f al I'4. oi*Ii• te It ii,,-,ti, .- — &t . — , • 1 !I 1 1 3 TIMOTHY C. BUHL P.E. • PRELIMINARY PLAN . 14 . E t 4411k ...4 .. r v. . . -..t.t more .....v.................v —,i,e .... '''a 4 1 ...,,...,—.,....„,„.„„ ,.. •• 7...;;;::.--.7..7‘.;.` .---..:`,••,":-. i____, § 8 APPROVED 01/26/09 PB Mr. Buhl indicated the concerns with regards to the pathways, bus pull offs and buffers were addressed. One small change to the overall project was made due to a boundary change conflict. A sewer layout was submitted to David Herrick and Jeff Overstrom. Their recommendations were received and the plans revised. Thomas Ellis requested that in the north section of the proposal a bus pull off be added to accommodate the residents of that area. Viola Miller felt the walkways presented are good only for summer, spring and fall walking. Ms. Miller states they will not withstand winter plowing. The project will begin with the entire road and stormwater. The actual construction of the Units will be phased in. A homeowners association will be formed. The road will not be a dedicated Town Road. Nancy Loncto had great concerns with not having sideways. Ms. Loncto expressed that she reviewed the Tompkins County Walking report and found out that a 30 mph speed zone where walking paths are a part of, or are near, have incidents of death of a rate of 85% because of no sidewalks. Mr. Buhl clearly stated each building can get to a bus pull off without walking in or along the street. Mr. Buhl explained the stormwater issues with regards to sidewalks. Ms. Loncto felt the Town should not take over the road due to liability issues with no side walks. Mr. Prybyl felt the Planning Board should set a speed limit restriction on the approval. Concerns with regards to the public school bus being able to access the private road were discussed. Mr. Buhl will return with a letter from the school regarding this issue. The Planning Board Members reviewed the following list of benefits, potentially counseling in favor of the sewer contingency, which were discussed by Lansing Town Supervisor, A. Scott Pinney, the Developer's Engineer, Tim Buhl, the Engineering & Planning Coordinator, Jeff Overstrom, Lansing Town Legal Counsel, Guy K. Krogh, Esq., Acting Planning Board Chair, Tom Ellis and Planning Board Member, Larry Sharpsteen, at a November 26, 2008 Developer's Conference meeting: (1) Cost of installation and construction of sewer infrastructure to be borne entirely by the Applicant thereby effectively creating a "no cost" sewer district for the benefit of the Town; and 9 APPROVED 01/26/09 PB (2) Construction of a new standard force pumping station at the Cherry Road and Triphammer Road intersection at no cost to the Town; and (3) Construction of the proposed infrastructure will allow future public tie- ins to the gravity portion of the newly installed sewer infrastructure at various intervals along the pipeline route and potential for gravity main tie-ins to the new pumping station which will facilitate future extensions benefiting the Town; and (4) Dedication by the Applicant/Developer of the new sewer facilities to the Town of Lansing at no cost to the Town or condition or restriction to the Town or the Town's Sewer District to be created to manage the same, with the district charges only to be applied to the Cayuga Farms Development property. Future expansions to be based upon a "cost of expansion only" basis, with no recapture of infrastructure costs to be recouped by the Applicant/Developer. At the November 26 2008 Development Conference, the aforementioned individuals discussed the above benefits and determined that they weighed in favor of granting the preliminary site plan approval with proposed sewer contingencies. The Planning Board was advised that, because of these extensive benefits to the Town of Lansing, the Town would be in favor of a contingency approval if the Planning Board deemed such an approval appropriate, upon full review of the Preliminary Site Plan with the preliminary sewer specifications required by the Town Engineer, including but not limited to engineering plans showing the proposed sewer design at full build out and at a twenty (20) year projection depicting proposed location of pipes and pumping station, and depicting requisite flow rates, calibrations, and other specifications. Nancy Loncto stated that the above benefits are appropriate for the Town Board to consider but that, in the preliminary site plan review process, the Planning Board can only weigh the above benefits in the context of a determination of whether these benefits further the objectives of the Lansing Comprehensive Plan governing the Land Use Ordinance. The Planning Board members also discussed the requisite for additional agency approvals, such that a potential large contingency approval for sewer could be approved only if the applicant/developer obtains all of the required agency sewer approvals including, but not limited to the Village of Lansing, Village of Cayuga Heights, New York State Department of Environmental Conservation, 10 APPROVED 01/26/09 PB New York State Department of Transportation and Town of Lansing sewer district approvals and Consolidated Water Extension approvals. The Planning Board members requested a time line from the Developer's Engineer, Tim Buhl, outlining time frames for sewer construction, district formation, and approvals from the other involved municipalities including the Village of Cayuga Heights and the Village of Lansing. Nancy Loncto made a motion to set a SEQR Part II Public Hearing for, Monday, February 23, 2009 at 8:00 PM. Thomas Ellis seconded. VOTE AS FOLLOWS Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto - Aye Viola Miller - Aye Richard Prybyl - Aye Larry Sharpsteen- Aye Lin Davidson - Aye MOTION CARRIED. Nancy Loncto made to set a Public Hearing on the Preliminary Site Plan Review for, Monday, March 9, 2009 at 7:30 PM. Thomas Ellis seconded. VOTE AS FOLLOWS Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto - Aye Viola Miller - Aye Richard Prybyl - Aye Larry Sharpsteen- Aye Lin Davidson - Aye MOTION CARRIED. Approval/Denial of December 10, 2007 & January 12, 2009 Minutes December 10, 2007 Minutes Nancy Loncto made a motion to approve the Minutes of December 10, 2007 as submitted. Thomas Ellis seconded. VOTE AS FOLLOWS Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto - Aye 11 APPROVED 01/26/09 PB Viola Miller - Aye Richard Prybyl - Abstained Larry Sharpsteen- Aye Lin Davidson - Aye MOTION CARRIED. January 12, 2009 Minutes Thomas Ellis stated on page 3, under Larry Sharpsteen that it be reworded to read as follows: • Larry Sharpsteen made a motion acknowledging the extension as being within the original Site Plan as it does not change the plan from the original presentation which included access, lighting, drainage, parking and safety. Thomas Ellis stated on page 7, fourth paragraph should read as follows; • Jeff Overstrom stated as the result of the December Meeting, he believed the overall consensus was Mr. Buhl was asking the Town to provide Preliminary approval with the contingency to provide sewer. He then would go ahead with his sewer plans. What the Town is asking for before considering a contingency, is more details. The Town needs to know exactly what infrastructure is proposed. Lorraine Moynihan Schmitt states on page 3, under Mark Wheeler, she was not at that Meeting. Thomas Ellis made a motion to accept as amended. Larry Sharpsteen seconded. VOTE AS FOLLOWS Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto - Aye Viola Miller - Aye Richard Prybyl - Aye Larry Sharpsteen- Aye Lin Davidson - Aye MOTION CARRIED. Larry Sharpsteen made a motion to adjourn the Meeting. David Hatfield seconded. VOTE AS FOLLOWS Thomas Ellis - Aye 12 APPROVED 01/26/09 PB David Hatfield - Aye Nancy Loncto - Aye Viola Miller - Aye Richard Prybyl - Aye Larry Sharpsteen- Aye Lin Davidson - Aye MOTION CARRIED. 13