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Home My WebLink About2009-08-24 APPROVED • Town of Lansing Monday, August 24, 2009 7:15PM PLANNING BOARD PLANNING BOARD MEMBERS ('Denotes present) * Nancy Loncto * Tom Ellis Larry Sharpsteen * Lin Davidson, Chairman * Viola Miller David Hatfield * Richard Prybyl (8:25 PM) * Jeffrey Overstrom, Err * Lorraine Moynihan Schmitt, Esq . Public Present Wayne Matteson, P.E. Ron Seacord Jack Jensen • Marc Leathers Rick & Charla Hayes Andrew Piliero Marty Christopher General Business Lin Davidson called the Planning Board Meeting to order at 7: 15 PM. Mr . Davidson inquired if there was anyone from the Public that would like to speak . Public Comments/Concerns There were no comments or concerns . Addition to Agenda- Budget Discussion with regards to upcoming legal expenses and training for the 2010 budget took place. Mr. Davidson felt $1 ,250. 00 would be allotted for training. Ms . Moynihan Schmitt is compiling her approximate hours for 2010 at a reduced rate of $ 125 . 00 per hour . 1 Lot Subdivision- SEQR , The Raimondo Family Trust, 123 Nut Ridge Road, Tax Parcel # 1 .-1-5 • 1 APPROVED Louise Raimondo appeared before the board requesting a subdivision . The 111 Raimondo family would like to sell one of the properties (Parcel A, 0 .91 acre) and retain (Parcel B, . 682 acre) the lower beach house . Both properties meet all the requirements for the L1 District . However, they share a septic system. The Planning Department contacted the Tompkins County Department of Health and were provide with the Tompkins County Sanitary Code, Article VI, Sewage Holding, Treatment and Disposal which states "Two or more building may use one system if all provisions of Article VI are met, and all involved properties are under one ownership or a Sewage Works Corporation or Municipal Sewer district is formed . " After further discussion of the sewage system and deed restrictions, Ms . Moynihan Schmitt suggested prior to Planning Board approval, Ms . Raimondo must contact her Attorney for deed restrictions to be drawn up with respect to the Septic, and obtain approval from The Tompkins County Health Department . 1 Lot Exempt Subdivision -SEOR, Marc Leathers , Eastlake Road, Tax Parcel # 42 . - 1 -54 . 1 Marc Leathers appeared before the Planning Board requesting a 1 Lot Exempt Subdivision . Mr . Overstrom states the proposal meets all the requirements for an Exempt Subdivision. The Tompkins County Health Department has given Mr . • Leathers approval . 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 . No significant adverse environmental impacts 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 Lin Davidson - Aye MOTION CARRIED . Thomas Ellis made a motion to waive the Public Hearing. David Hatfield seconded . VOTE AS FOLLOWS : • Thomas Ellis - Aye 2 APPROVED 1 David Hatfield — Aye Nancy Loncto — Aye Viola Miller - Aye Lin Davidson - Aye MOTION CARRIED . Site Plan Review -ECHO House, Better Housing of Tompkins Co, Agent for : Richard & Charla Hayes , 31 Drake Road , Tax Parcel # 37 . 1 - 1 -9 .4 Andrew Piliero of the Tompkins County Better Housing appeared before the Planning Board for Site Plan Review . The Hayes would like to erect a temporary housing unit for an elderly family member to reside in, on their property . Mr . Piliero states the unit is a two piece Modular Home that will be craned in on the property . This unit is owned by the Better Housing and rented by the elderly . The Tompkins County Health Department approved this proposal . 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 . No significant adverse environmental impacts 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 Lin Davidson - Aye MOTION CARRIED . David Hatfield made a motion to waive the Public Hearing. Nancy Loncto seconded . VOTE AS FOLLOWS : Thomas Ellis - Aye David Hatfield — Aye Nancy Loncto — Aye Viola Miller - Aye Lin Davidson - Aye MOTION CARRIED . 3 APPROVED Nancy Loncto made a motion to accept the Site Development Plan, noting that 1111 the ECHO Unit is designed for temporary use and must be removed within 60 days after the need has expired . David Hatfield seconded . VOTE AS FOLLOWS : Thomas Ellis - Abstained David Hatfield — Aye Nancy Loncto — Aye Viola Miller - Aye Lin Davidson - Aye MOTION CARRIED . 1 Lot Exempt Subdivision- SEOR, Hardie Farms Inc. , David Hardie - Agent, 31 Holden Road , Tax Parcel # 8 . - 1 -22 .2 David (Skip) Hardie appeared before the Planning Board requesting a Subdivision . The Farm Business would like to own the property where they have built buildings . Mr. Overstrom indicated this proposal meets all requirements for an Exempt Subdivision. 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 . No "significant adverse environmental impacts 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 Lin Davidson - Aye MOTION CARRIED . Thomas Ellis made a motion to waive the Public Hearing . David Hatfield seconded . VOTE AS FOLLOWS : Thomas Ellis - Aye David Hatfield — Aye • Nancy Loncto — Aye Viola Miller - Aye 4 APPROVED •- Lin Davidson - Aye MOTION CARRIED . PDA Final— Lansing Commons , Cayuga Vista Drive, Tax Parcel # 37 . 1 - 2 -53 .22 Jeffrey Overstrom stated he completed Part II of the Long Environmental Assessment Form at the last Planning Board Meeting and at the Board 's request David Herrick was to review it . There was only one box that needed checked and he was satisfied with the rest . As for his opinion regarding the need for an updated Traffic Study, he offered the following via email; • Also , the411998 Traffic Study for Lansing B&T Park was prepared for land uses that I feel would bey more traffic intensive than what is now being proposed for just a mix of residential and office/commercial . Therefore , I believe the local intersection , impacts identified, in that study should be lessened . In my opinion the only reason to request an updated study would be predicated on significant changes in transportation services , traffic patterns or volumes . . The Planning Board will know best if any of these conditions exist. Lorraine Moynihan Schmitt reminded the Board at their August 3, 2009 working Meeting the Board agreed the study could wait until Phase III . This agreement is • written in their Final recommendation as the result of the Planning Board Meeting and The Tompkins County recommendation on the 239 . Ms . Moynihan Schmitt further reminded the Board and Mr . Christopher that the Town Board Members will ,have to have a supermajority on this final vote . The Planning Board Members along with Wayne Matteson, P.E . and Ronald Seacord reviewed the proposed project's covenants and made numerous changes which were documented by Ms . Moynihan Schmitt. Nancy Loncto made a motion to recommend the following Decision to the Town Board as reviewed and edited at the Planning Board Meeting this evening, August 24, 2009 by consensus and to adopt the decision with revisions . Richard Prybyl seconded . STATE OF NEW YORK • COUNTY OF TOMPKINS TOWN OF LANSING PLANNING BOARD OF THE TOWN OF LANSING In the Matter 9f the Application of • DECISION 5 APPROVED J . Ronald Seacord/ Lansing Commons PDA • For Final Development Plan Approval of the Lansing Commons Planned Development Area . Ronald Seacord (hereinafter the " Applicant " ), of The Lansing Commons Planned Development District, has applied to the Town of Lansing Town Board and Town of Lansing Planning Board (hereinafter "Planning Board " ) for final development plan approval for the development of a three (3) phase residential and commercial mixed use development on approximately 13.559 acres of land currently owned by Ronald Seacord in a Planned Unit Development district in the Town of Lansing (hereinafter "the Town" ) . The parcels (hereinafter "the Property" ), P % O Tax Map No . 37-1 -2-53 .222, is located at the south of intersection of Cayuga Vista Drive and Woodsedge Drive in the Town of Lansing and is located in the B1 District. The Lansing Town Board established itself as lead agency for the SEQR process with regard to the proposed development project, without any objections by other interested agencies . The Lansing Town Board adopted a Negative • Declaration of Environmental Significance on May 20, 2009 . The SEQR process was a coordinated review pursuant to 6 NYCRR section 617.6(b) (3), and the Town Board acted as lead agency as set forth above . Therefore, the Planning Board has determined that it is not necessary for it to issue SEQR findings with regard to this application, as the Town Board acted as lead agency in accordance with the Town of Lansing Land Use Ordinance . The matter was referred to the following interested outside agencies for comment : OPRHP Lansing Housing Authority NYSDEC Tompkins County Health Department Tompkins County Planning Department SCLIWC By correspondence, dated July 14, 2008, the Tompkins County • Department of Planning formally recommended ( 1 ) screening and buffering of the proposed sewage treatment package plant with detailed plans for the sewage 6 APPROVED treatment plant, including visual impacts, to be submitted to County Planning, • and (2) provision of an updated full traffic study for the impacted section of State Route 34, with particular focus on the intersections with Cayuga Vista Drive and Woodsedge Drive, and informally recommended review of the impacts of the project upon the Empire Zone and a delineation of the sewage package discharge location and impact upon intermittent streams . Those comments were taken into account in both the Town Board and Planning Board 's review of the proposed project. Pursuant to NYS General Municipal Law Section 239 et seq . the formal recommended modifications set forth above by County Planning must be incorporated into final approval or such approval will require a supermajority vote (majority plus one) of the members of the decision making body . By correspondence dated March 4, 2009, NYSDEC commented on the proposed project and recommended that, in order to protect the wastewater system package plant from vandalism, and to provide for public safety, a fence with a locking gate should be installed around the wastewater package plant. The NYSDEC requested additional data and information respecting construction and installation details for manholes, sewer / water crossings, trench and backfill detail, septic tanks, if any, pumping stations, design data for the various elements of the treatment and conveyance system, including the phosphorous and ammonia removal system, material and ammonia removal system, • specifications for sludge disposal and / or digestion, case studies for the proposed system and a requisite that the package plant design be in accordance with the Ten-States Standards, 2004 Edition . The applicant / developer has submitted these additional materials and specifications to the NYSDEC, together with full application for a SPDES permit to be approved by the NYSDEC . The applicant / developer had provided additional information to the Lansing Town and Planning Boards respecting the proposed residential wastewater treatment package plant, and associated discharges thereof, by letter to the Town Supervisor, A . Scott Pinney, dated May 6, 2009 . Said submission shall be considered a part of the applicant's PDA application and has been duly reviewed and considered by the Planning Board . Any and all final approvals of the final development plan shall be subject to NYSDEC approval of the Applicant's pending SPDES permit and any and all conditions imposed by the NYSDEC in conjunction therewith. After the aforesaid review of the plans, the working drawings, the LEAF, the entire application including the SEQR, the comments submitted as part of the public comment period, and the presentations made by the representatives of the Applicant, and based on further discussions at the January 26, 2009, February 23, 2009 and March 9, 2009 Planning Board meetings and Planning Board public • hearing on February 23, 2009 to obtain public comment upon the proposal, and Town Board public hearing on April 15, 2009, continued upon May 20, 2009 7 APPROVED respecting SEQR review and determination and overall consideration of request • for conditional preliminary approval of the Lansing Commons PDA application regarding the project, the Town Board, by resolution dated May 20, 2009, resolved to conditionally approve the proposed Lansing Commons PDA preliminary development plan pursuant to Section 706 . 6 of the Town of Lansing Land Use Ordinance, subject to the conditions imposed by the Town, and referred the application back to the Planning Board " for the applicable steps and verifications necessary for the Final Development Plan, " and the Town Board charged the Planning Board, by resolution dated May 20, 2009, with preparing a " document created and approved by the Planning Board " which summarizes the "terms, conditions, and requirements" of the Planned Development Area and "is capable of properly identifying all special and other terms of zoning and site planning applicable to this new zoning classification such that the Land Use Ordinance may be duly amended by Local Law to add [the Lansing Commons PDA] to such Ordinance . " The Town Board further directed that " [n] o Final Development Plan shall be approved [by the Town Board ] until such time as a Local Law to the above effect is approved by the Town Board and counsel to the Town and duly passed and carried into effect . " Accordingly, at a special meeting of the Planning Board, held on August 3, 2009, the applicant / developer, the applicant' s engineer, and the Planning Board determined the final conditions of the final PDA plan, including the restrictions and architectural guidelines set • forth below . Thereafter, at a meeting of the Planning Board on August 24, 2009, a motion was made by Nancy Loncto, and seconded by Rick Prybyl, and carried by 5 to 1 vote of the Planning Board determining to delineate the following conditions and terms requisite and applicable to the Lansing Commons PDA project, and recommending approval of the PDA with said conditions to the Lansing Town', Board . This decision of the Planning Board is in response to the charge of the Town Board, by resolution dated May 20, 2009, set forth in part above . The Planning Board 's recommended conditions of approval of the Lansing Commons PDA are as follows : 1 . Compliance with all permitting and permit maintenance obligations for effluent discharges of treated wastewater into a tributary to Minnegar Brook, including implementation of the recommendations of the NYSDEC relating to site security, stream and stream bank protection, erosion and sediment controls, and related system support, infrastructure and appurtenances and further, that the terms of any NYSDEC issued SPDES permit be adhered to at all times and that the Developer implement a management plan to assure compliance with such permit conditions and requirements; • 8 APPROVED 2 . The wastewater processing package plant and all • necessary appurtenances shall be built, developed, permitted, and made operational at the sole cost of the Developer; 3. All systems and structures, manmade, altered, or natural, that support or are a part of the wastewater treatment and management system shall, after final permitting, inspection, and verification of operational viability, be dedicated to a town-created wastewater district, without cost to the Town and without any conditions or recapture programs whatsoever; 4 . Water lines and systems shall be built to Health Department and Bolton Point specifications and duly permitted . After verification of operational viability the same shall be dedicated to the Consolidated Water District without any conditions or recapture programs whatsoever; 5 . Stormwater and related surface water management structures and facilities shall be constructed in accordance with NYS Permit requirements and the Town of Lansing Stormwater Local Law. Once finally and properly constructed, permitted, • inspected, and after verification of operational viability, the same shall be " dedicated to a drainage district created by the Town to manage such facilities, without any conditions or recapture programs whatsoever; 6 . The proper construction and completion of the wastewater processing system(s), water lines and appurtenances, and stormwater facilities shall be secured by a performance and completion bond to be posted by the Developer, with an insurer or issuer acceptable to the Town, with the Town of Lansing as the named beneficiary thereof, and in an amount not less than the anticipated completion costs of the same or as recommended by the Town Engineer . The Bond shall recite that it isnot contingent upon, or subject to, any indemnity agreement between the Developer, any contractor, and / or the Bond Issuing Agency . Said Bond shall be subject to review and approval of the Town Attorney; 7. The Proposed Sewage Package Plant must be designed and built for maximum capacity for each and all phases of the proposed PDA project, as projected for all three phases of the • PDA development, which said maximum capacity has been determined to be a maximum of 110 gallons effluent per day, per 9 • • APPROVED bedroom unit, for each phase with an overall limit of 108 bedroom 111 units effluent discharge for the entire three phase project . The Planning Board and Developer have determined that 36 bedroom units per phase shall generate a maximum of 3960 effluent gallons per day per phase . Accordingly, the total project shall be allowed to generate no more than 108 bedroom units of effluent discharge for a maximum total of 11 ,880 gallons per day of effluent . The aforementioned maximum phase units of 36 bed room units per phase shall not be transferred or credited within or among phases; 8 . Maximum Density for the entire project must be identified for each and all phases and such information shall be delivered to the Planning Board in connection with the development of the Final Development Plan; 9 . The percentage of impervious surfaces permitted per lot shall be 33% maximum impervious surfaces for the residential lots constructed in Phase I; 40% impervious surfaces maximum for lots constructed in Phase II; and 50% maximum impervious surfaces for Phase III lot construction which envisions commercial mixed uses . Individual residential lots in Phase III shall have a • maximum of 33% impervious surfaces per lot. Said impervious percentage restrictions shall be included in the Lot deed restrictions for each Lot . 10 . Title to all lands and improvements to be dedicated to the Town must be approved by the Attorney for the Town and all dedications must be in Fee Simple Absolute by Warranty Deed with Lien Covenant (or equivalent), unless an easement for any one or more structures and appurtenances is approved by such counsel, without recourse; 11 . Developer shall comply with any further requests of the Planning Board for data, documents, or information in respect to the implementation of the Final PDA Development Plan. Further, prior to any approval of the Final PDA Development Plan, the project shall be subjected to additional or supplemental SEQRA reviews, including, as applicable, district formation processes, any changes in the proposed plan, the final siting of any discharge locations, and / or the imposition of any conditions by the NYSDEC in any permit or permit approval . The Developer shall cooperate • with any such further review, including, if applicable, an EIS and the scoping thereof; 10 APPROVED 12 . . The pedestrian walkway path, located between Woodsedge Drive and Seacord Lane, and impacting lots 12, 13, 15, 16, 17, together with impact upon an adjacent sewer easement, shall consist of: a 10 foot wide plot of land to be dedicated to the Town at the time of the final plat endorsement; 13 . All roadways, pedestrian paths, related appurtenances, and lateral and subjacent support there for, must be built per Town specifications, duly dedicated, and title thereto must be in Fee Simple Absolute and unencumbered . Title to all lands and improvements to be dedicated as highways or public rights-of-way must be approved by the Attorney for the Town and all dedications must be in Fee Simple Absolute by Warranty Deed with Lien Covenant (or equivalent), unless an easement for any one or more structures and appurtenances is approved by such counsel, without recourse. The Town reserves its rights to require a performance and completion bond for any one or more, or all, phases of construction of proposed roadways, and also may require advance dedication of an easement for paper roadways, which easement shall not operate to divest the Town of any right to demand, nor relieve the Developer for any obligation to dedicate, all such public roadways and rights-of-way in fee as herein required; 14 . No Building Permits shall be issued until each and all of the above conditions are fulfilled and a Final Development Plan is finally approved by the Town Board after a public hearing thereupon; 15 . No Certificates of Compliance or Occupancy shall be issued until each and all of the above conditions are fulfilled, a Final Development Plan is approved by the Town Board after a public hearing thereupon, and the building, improvement, or structure being certified, has been duly inspected and duly constructed in accord with applicable laws, regulations, and building and energy codes; 16 . A stop sign shall be installed at the intersection of Cayuga Vista Drive and Woodsedge Drive; • 17. Upon commencement of Phase III, the Planning Board shall review, consider and recommend whether an updated 11 APPROVED Aka traffic study and plan shall be performed and accepted by the Town 's Planning Board, or by the Town Board, as applicable, which said study must properly identify impacts and their mitigation with particular focus on the intersections with Cayuga Vista Drive and Woodsedge Drive as requested by the Tompkins County Planning Department; 18 . The treatment plant and its appurtenances shall be duly shielded for safety and aesthetic purposes by screening and buffering so as not to affect any viewsheds and / or as not to be significantly visible from any public roadway . Locked fencing shall be installed around the wastewater treatment plant as recommended by NYSDEC; 19 . This conditional approval of the final PDA development plan shall be valid for one year from the date of final approval, unless extended by the Town Board; 20. The design and construction of the final sewer system package plant must be reviewed by and approved by the Town Engineer . • 21.. All utilities on the Property, including electric, cable, telephone and fiber-optic lines, and gas mains must be underground . 22 . Any water main extending along the Cayuga Vista Drive side of the Property, and all other water systems on the Property, shall be designed and constructed to the specifications set • forth by the Town Engineer and the Consolidated Water District . The Applicant / Developer shall then dedicate the main to the Consolidated Water District and shall agree to retain and maintain the rest of any water pipes, mains and equipment located on the Property . 23. Minimum green space shall be achieved by the impervious surface deed restrictions referenced in paragraph # 9 above . 24 . Applicant / Developer shall construct a pedestrian "pathway " between the Woodsedge Drive and the proposed • Seacord , Lane, as set forth in paragraph # 12 above . 12 APPROVED 25 . The main thoroughfare for vehicular traffic must be • located in ; a manner acceptable to both the Planning Board and the Town Board . 26 . Aesthetic consideration shall be in accordance with the deed restrictions and architectural guidelines set forth at paragraph # 29 below . 27. The development should blend in with its surroundings, including the Town Center . 28 . Height restrictions and sign restrictions shall be in compliance with the Lansing Land Use Ordinance and Lansing Sign Ordinance . 29 . Adequate safety measures must be taken by the Applicant / Developer to protect the public from any potential hazards associated with the water detention pond(s) . 30. The following deed restrictions and architectural guidelines shall apply to the Lansing Commons PDA . • Lansing Commons Subdivision Deed Restrictions and Architectural Guidelines DEED RESTRICTIONS These restrictions shall apply to the area situated in the Town of Lansing, County of Tompkins, State of New York, consisting of Lots numbered 1 through 37 PDA Subdivision, as shown on a PDA subdivision map entitled "Plan of Lansing Commons Subdivision, Town of Lansing, County of Tompkins, State of New York, " dated June 2, 2008 to be filed in the Tompkins County Clerk 's Office . Herein the " Developer" shall be J.R. S . Realty, or Ronald Seacord . The purpose of these restrictions is to establish and preserve an attractive and stable residential area by the private control of land use. The following restrictions shall apply, except that to the extent that any PDA subdivision restrictions or regulations made herein are less lenient or less restrictive than the Zoning Ordinance of the Town of Lansing the latter shall govern and apply . This • PDA subdivision development is also subject to the statement of intent and addenda thereto as approved and adopted by the Town of Lansing, and further 13 • APPROVED 110 subdivision or development of the premises known as the Lansing Commons PDA Subdivision is restricted and controlled thereby . Residential use . Land and buildings shall be used for residential purposes only with a dwelling unit for not more than one family, on lots 1 through 14, and 23 through 28 there,, shall also be permitted one subordinate apartment dwelling within such residential building which may be occupied by a family (meaning persons related by blood or marriage) or by not more than two unrelated people . Lots 15 through 23, and 29 through 37 may have apartments or condominiums . No lot shall be further subdivided . Building height and location . Structures on lots 1 through 14, and 23 through 28 shall be restricted to one story above ground level . Structures on lots 15 through 23, and 29 through 37 shall be no higher than two stories above ground level . Exterior walls, fences and trim . A complete color scheme should be submitted to the developers . The developers will accept for review other materials and finishes and will consider them on an individual basis . It is intended that fences will be used for screening and privacy purposes only . Under no circumstances will fences be permitted to be built along property lines for the purpose of • dividing one lot from another . The basic concept of the development is that the area blends and reads as an entity . To install fences between lots would defeat this objective . Fence materials must match or compliment the exterior siding of the structure . Masonry. Exposed masonry surfaces shall be limited normally to local stone and used for retaining walls, foundation walls, fireplaces or chimneys . Concrete, concrete block, stucco, and brick will be acceptable on a limited basis only, subject to specific approval of the developers . Exposed metals . Exposed metal surfaces are limited to miscellaneous flashing, connectors, and chimneys . No reflective finishes shall be permitted . Exterior lighting . Type and placement of exterior lighting devices must be approved by the developers . The concern is to eliminate glare and annoyance to adjacent property owners and passerbys . Parking . Carports, or other partially enclosed parking areas, visible from the street or adjoiningproperties shall not be permitted . Lot owners or tenants shall not permit the parking of vehicles on the adjacent roadway on a regular or continuing basis . Driveways must be blacktop or concrete . Driveways shall be a • maximum of 12 feet in width . Paths and walkways made of wood chips, lava cinders, gravel or long sections are effective and fit well into the natural 14 • APPROVED environment . Surfacing material that is reflective, such as white marble chips, is •• prohibited . Trailers/mobile homes. No trailers are permitted except construction trailers during actual construction, nor shall any recreational vehicles, mobile home or unregistered vehicle be permitted to be kept on the premises for longer than a period of 48 hours . Construction and storage . The exterior construction of buildings shall be completed within 9 months from the commencement of construction and final completion, together with grading and seeding of the lawn shall be done within six (6) months thereafter . The premises shall not be used for the storage of any materials, machinery, equipment or supplies of any kind or nature except during the course of construction of improvements to the premises . Signs . No signs shall be permitted on the premises nor within the premises which are exposed to the outside, subject to zoning limitations as to size and location of signs (See Lansing Sign Ordinance), and further subject to such additional reasonable restrictions as may be placed on such signs by the developers . With the approval of the developers, or their designee, temporary signs indicating " for sale " or " for rent" may be placed on the premises in • accordance with the Town of Lansing Sign Ordinance . Commercial, business or professional use . No commercial use, business or professional office may be operated or maintained, including the production or growing of produce for resale shall take place on the premises without the written approval of the developers . Acceptable and permitted commercial or retail uses are set forth below. No family garden may be maintained in the front space or yard of the lot or premises . Pets. No livestock, chickens, pigs, horses or other animals other than the usual household pets shall be kept on the premises . A kennel for a single pet may be maintained on the premises . Any such kennel shall not be visible from any street adjoining the property and shall be screened or landscaped so as to minimize its visibility from adjoining properties . Said exterior appearance of any such kennel shall be compatible with the design and exterior of other structures permitted on the premises . Yards . All yards, except for gardens or driveways, shall be covered by natural grass lawn. No artificial covering shall be permitted . Lawn and buildings shall be maintained in a neat and orderly manner . The storage or piling of articles • outside of the residence shall not be permitted unless associated with the immediate construction of the dwelling or improvements thereon, in which case 15 • APPROVED • it shall be removed upon completion of the construction. In order to preserve the IIP character of the land and the views of adjacent homeowners, the height of trees and shrubs andtheir placement on each site must be considered . New plantings should appear natural to the area . Seeding of open areas with meadow fescue, grasses and wildflowers will be encouraged; mowing of these areas a few times in the summer will keep them attractive . Lawns planted close to homes are acceptable and shall be permitted . Outside facilities . No laundry lines shall be hung or suspended on the premises, nor shall laundry be hung outside. No antennas, outside aerials or satellite dishes shall be placed on the premises . No propane tanks, other than those used for and connected to an outdoor grill or barbeque shall be permitted, unless natural gas is not available to the lot owner . In such circumstances, such tanks shall not be permitted to be visible . Garbage or trash. No structure(s), separate from the main residence(s), shall be erected or maintained for the storage of garbage or other equipment or material . Garbage and trash, or other refuse, shall be kept in secure containers with covers, and shall be kept in a manner so that it cannot be seen from the front of the property . Garbage and trash shall be set at the roadside for collection on the late evening the day before collection or early morning of the day in which collection • will occur, and such containers shall be removed from the roadside the same day on which collection occurs . Pools . Any outdoor pool shall be installed in-ground, such that the water surface is on or below the same grade as the lawn. Architectural approval . Before construction, painting or alteration of the exterior of any improvements on the premises, or removal of trees or other significant landscape changes, the contractor or lot owner shall obtain a written certificate from the developers, or their designee, providing that in the opinion of the developers, the planned action or actions are suitable and proper for the location and compatible with the residences in the subdivision, including the cost and quality of construction and the intent any plans made in connection therewith. Said certificate shall be procured and recorded in the Tompkins County Clerk 's Office at the sole cost and expense of the lot owner . Enforcement of restrictions . Any or all of the above restrictions may be enforced by injunction or by any other appropriate legal remedy. The invalidity of any part or portion of these restrictions shall not invalidate any other part or portion of the same . These restrictions shall be enforced by and run with the land for the • benefit of each of the lots of this subdivision although any particular lot may be 16 • APPROVED • distant from the lot in violation . Each lot shall have the right of enforcement thereof as against any other for violation . Amendment of restrictions. For so long as J.R.S . Realty is the owner of any of the lots that are subject to these restrictions, any of the above restrictions may be changed, modified or terminated with J.R. S . Realty if approved by the Lansing Planning Board . In the event J .R.S . Realty is not an owner of any property subject to these restrictions, the approval of the owners of 76% of the lots in the subdivision, together with approval of the Town of Lansing Planning Board, shall constitute authorization for the amendment, exemption, alteration or change in any one or all of the foregoing covenants, each lot to be entitled to a single vote irrespective of the number of owners of such lot . Conveyance . Any conveyance or transfer of title to any lot subject to these restrictions shall include a specific statement subjecting title to the provision of these restrictive covenants. It shall be sufficient compliance with this paragraph to state that the conveyance is made together with and subject to the covenants, rights, easements and conditions established by a Declaration of Restrictions made and executed by (owners) dated and recorded in the Tompkins County Clerk' s Office . If these restrictions are subsequently amended, the conveying language shall add reference to such amendments, including the dates of same, • dates of recording, and the book and page of such recording . Vacant lots . Vacant lots shall be maintained in a neat and orderly fashion and must be compatible with the neighborhood . Mailboxes . Street side mailboxes or paper receptacles shall be maintained in a neat and orderly fashion and must be compatible with the neighborhood . Expiration . Unless otherwise amended or altered as herein provided, these covenants shall expire twenty five years from the original Lot conveyances . Deed restrictions shall run with the land for the twenty five year period commencing from the date of each original Lot conveyance, excepting that, if a home association exists at the time of expiration of the twenty five year deed restrictions, the home owners association may vote to extend any or all of said deed restrictions . ARCHITECTURAL GUIDELINES Garages shall be attached to the residential structure; attachment through the basement of the dwelling unit is permitted . • 17 • APPROVED Roof pitch minimum shall be 5 / 12 for single family residential homes . Two story structures, residential or commercial, may be comprised of any roof pitch . Light trim is permitted on windows, doors, fascias and soffits . Front roof dormers shall be installed . Clear story is permitted . Residential structures shall not be rectangular shaped; "L" or "T" shaped residential structures are permitted; three planed fronts are permitted . The street side of the residential structure must have more than one plane . A front porch or entry that is dormered into the main roof shall satisfy this restriction. Porches up to 75% of the front of the dwelling structure are permitted . Pressure treated front decks or porches shall not be permitted . The concealed beams, the joists and deck boards may be pressure treated, but deck / porch roof supports, posts, fascia, railings, etc ., shall not be constructed with pressure treated wood . Decks / porches must be of same colors and motif as the siding • and trim of the house . Front porches shall be same color as the siding and trim and shall have roofs constructed overhead . Driveways shall be 12 feet maximum width . Fences shall be constructed of wood . No chain link fences shall be permitted in front yards, but may be used in conjunction with both screening and landscaping. Mailboxes shall be black or wood tone and shall be located only in the front of the property . Swing sets shall be constructed of wood and located only in back yards . Swing sets shall be less than ten (10) feet in height . Each unit shall have only one family residing therein. • 18 • APPROVED The following uses, as set forth in the Town of Lansing Land Use • Ordinance §503 Schedule I, shall be permitted in the Lansing Commons PDA . All uses not listed below shall not be permitted . ALLOWED USES RESIDENTIAL USES : A . Dwelling, one-family : Permitted in phase I, except Lot 1 and 2 if combined . B . Dwelling, two-family : Permitted in phase II and III . C . Dwelling, multi-family including apartments and condominium : Permitted in phase II and III, Lots 1 and 2, if combined . D. Dwelling, townhouse : Permitted in phase II and III, Lots 1 and 2, if combined . E . Retirement housing : Permitted in phase II and III . • F . Congregate housing : Permitted in phase II and III, Lots 1 and 2, if combined . G . Mother-in-Law / Accessory : Permitted . H . Accessory use related to residential development : Permitted as set forth in deed restriction . I. Mixed residential / commercial development: Permitted in Phase III with site plan review . COMMUNITY USES : A . Church, place of public worship and related facility : Permitted . B . Playground, park, noncommercial : Permitted . BUSINESS USES : A. Residential (home) business or occupation: Permitted . • 19 APPROVED B . Professional or business office (not in a home) : Permitted in Phase • II and / or Phase III only . C . Retail sales, specialty : antiques, crafts and similar independent facility: Permitted in Phase II and / or Phase III only . D . Barber / beauty shop and similar personal services (not as a home business) : Permitted in Phase II and / or Phase III only . INDUSTRIAL/RESEARCH: A . Commercial assembly : jewelry, leather, fabric, scientific instruments and similar small items (not a home business) : Permitted in Phase III only . B . Agricultural, industrial or educational research, design and production of prototypes (not as a home business) : Permitted in Phase III only . • 31 . Street lighting shall not be required for the Lansing Commons PDA. 33. Further PDA reviews by the Town of Lansing Planning Board shall be required yearly (See, Lansing Land Use Ordinance Section 706 .9. 1 and 706 .9 . 2) . 33 . Additional Planning Board and Town Board review and approvals shall be required for Phase II and Phase III . 34 . In recognition of the unique circumstances of this PDA in providing sewer, and in recognition of the concomitant limits in sewer capacity of the proposed package plant, any future substantial remodeling to the commercial and / or residential structures, including, but not limited to additions or new bedrooms, shall require prior approval and review by the Lansing Planning Board . 35 . All final approvals of the applicant's final development plan are • contingent upon review and approval thereof by the Town Engineer, David Herrick and NYSDEC permitting approvals, including SPDES 20 APPROVED permit conditions, and in compliance with any other conditions imposed lir in conjunction therewith. The Planning Board has determined that the proposed Lansing Commons PDA Development Plant, together with the conditions imposed above, is in compliance and accordance with the Town of Lansing's Comprehensive Plan, including but not limited to, the following goals and objectives set forth therein : Appropriate growth and development while preserving the distinctive character of this area of the Town; mixed uses where water and sewer may be provided; development of the mixed use area in a way that will maximize access for pedestrian traffic; range of dwelling types; diversified housing development; new development consistent with existing and future land uses; recognizing and supporting the importance of in-home business opportunities; provides adequate opportunity for development of small conveniences and personal services business throughout the Town; creating a land use regulation that will incorporate the B1 district into a broader setting of mixed uses and increased density; housing development patterns that help retain open space and preserve the traffic-carrying function of major roads; encourage alternatives to traditional residential development through measures such as clustering and planned development that will conserve land uses . The Planning Board also recognizes the Town's Comprehensive Plan's goal of encouraging and supporting public • sewer services where possible in those areas of the Town, such as the surrounding B1 District, where the Comprehensive Plan indicates major development and growth . Accordingly, the Planning Board accepts as a unique development opportunity, in the absence of public sewer, the temporary package plant solution provided by the PDA Applicant / Developer, and the Planning Board further finds that said sewer treatment package plant infrastructure, within the proposed Lansing Commons PDA, benefits the Town of Lansing and its residents in the interim basis until such future time as public sewer is provided in said area of the Town. In keeping with the above goals and objectives, it is the Planning Board 's intent that the Lansing Commons PDA Development be comprised of mixed uses as envisioned in Phase III of the final development plan. Subject to the aforesaid conditions of final approval, the Planning Board of the Town of Lansing hereby recommends approval of Applicant's Final Development Plan to the Town Board . • 21 APPROVED Dated : Chairman • Planning Board of the Town of Lansing VOTE AS FOLLOWS: Thomas Ellis - No David Hatfield — Aye Nancy Loncto — Aye Viola Miller — Aye Richard Prybyl - Aye Lin Davidson - Aye MOTION CARRIED . 1 Lot Subdivision-SEOR, Jeannine Kirby , Goodman Road, Tax # P/O 20. - 1 -8 .22 Lorraine Moynihan Schmitt shared a letter with the Board Members that she • prepared and sent to Mrs . Kirby with regards to Exempt versus Regular Subdivisions . After some discussion, it was determined that this is Ms . Kirby's 4th lot out of the parent parcel within a 3 year period . The Board requested that a copy of the prior Subdivision be added to this file for future reference . Nancy Loncto made a motion to declare this a Minor Subdivision. Richard Prybyl seconded . VOTE AS FOLLOWS : Thomas Ellis - Aye David Hatfield — Aye Nancy Loncto — Aye Viola Miller — Aye Richard Prybyl - Aye Lin Davidson - Aye MOTION CARRIED . 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 . No significant adverse environmental impacts or effects were • identified in Part II by the Planning Board Members . 22 } APPROVED • 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 b l Aye Y Lin Davidson - Aye MOTION CARRIED . Nancy Loncto made a motion to waive the Public Hearing and accept the Subdivision as presented . The Board declared this a Minor Subdivision. Roads, public water, sewer, infrastructure, topography, prior subdivision discussion, recommending updating file with prior Subdivision paperwork, Ag Data Statement accepted and affects on Cayuga Lake, highway safety and potential hazards alike have been reviewed . Viola Miller seconded . VOTE AS FOLLOWS : Thomas Ellis - Aye David Hatfield — Aye Nancy Loncto — Aye Viola Miller -- Aye Richard Prybyl - Aye Lin Davidson - Aye MOTION CARRIED . *Viola Miller requested from Mr . Chairman to be excused from the Meeting at 9 :30 PM. Continuation of Public Hearing (s) SEQR & Preliminary Plat Application, Farm Pond Circle Subdivision, Collins Road, Tax Parcel # 38 .-1 -4 . 122 The Public Hearing(s) remain open . There are no Public present. Mr . Overstrom states he received the Stormwater Plan last week, however due to him being on vacation he has not had the opportunity to review it . A copy has been delivered to David Herrick who states it will take him at least one week to review . The • 23 APPROVED EAF, Part I has been completed by the project Engineer and Part II by Mr . • Overstrom . Ms . Moynihan Schmitt suggested that the Board review Part I of the SEQR and delay Part II until David Herrick can review. The Board reviewed Part I . David Hatfield made a motion Ito approve Part I of the State Environmental Assessment Form as amended .'' Nancy Loncto seconded . VOTE AS FOLLOWS: Thomas Ellis - Aye David Hatfield — Aye Nancy Loncto — Aye Richard Prybyl - Aye II Lin Davidson - Aye MOTION CARRIED . Mr . Jensen and Mr . Mattison will appear at the September 14, 2009 Planning Board Meeting for further action. Other Business: • Members were made aware that the Alternate Member, David Buck resigned due to a conflict with his work schedule . Lorraine Moynihan Schmitt requested permission from the Board to draft a simple short Local Law authoring the Town Board to appoint Alternates for the Planning Board position . The Local Law will indicate the Alternate will be able to serve in the case of an absence, illness or conflict . In addition, the Planning Board will make a recommendation on every candidate to the Town Board . The Board consented to Ms . Moynihan Schmitt 's request. David Hatfield made a motion to adjourn the Meeting. Richard Prybyl seconded . VOTE AS FOLLOWS : Thomas Ellis - Aye David Hatfield — Aye Nancy Loncto — Aye Richard Prybyl - Aye Lin Davidson - Aye MOTION CARRIED. • 24 Town of Lansing Special Planning Board Meeting 0 .., 1 August 24 , 2009 Visitors Please Sign In $ elow : (Please Print) II Name Address aidym- eo,rc✓ y, % � at- , /tiy II 3/41-7) (4s-c, cAL v cc, a Teit 7 , .S . u ecy , cUia 111.1 ,,,, 3 i dc-2, 14 ilei iic„.) ThrS in 4, :- D /�I 2i o f' Wil, 6 `--s' a,„ , „.)--ENsn ---, %Silt/6 cas-N50/J b0; i, 11N5/Al6Q1Lar -D - • o o http : //www . lansingtown . com/ • I ,' J ��I TOWN o LANSIR 9 \‘ttist "Home of Industry, Agriculture and Scenic Beauty " • ‘ '4. ht \ # A ZONING, PLANNING AND CODE ENFORCEMENT k .i' I Box 186 Lansing, NY 14882 VI ' '\ \'�1 t E-mail : tolcodes@tweny. rr. com AMENDED Town of Lansing • Planning Board Meeting August 24, 2009 7: 15 PM Lansing Town Hall - Large Court Rm. http ://www.lansingtown.com / Agenda Time: Agenda Topics III7 : 15 P.M. Public Comments/Concerns 7 : 20 PM 1 Lot Subdivision- SEQR , The Raimondo Family Trust, 123 Nut Ridge Road, Tax Parcel # 1 . - 1 - 5 7 : 40 PM 1 Lot Exempt Subdivision- SEQR , Marc Leathers , Eastlake Road, Tax Parcel # 42 . - 1 - 54 . 1 7 : 50 PM /Site Plan Review -ECHO House, Better Housing of Tompkins Co, Agent for: Richard & Charla Hayes , 31 Drake Road , Tax Parcel # 37 . 1 - 1 -9 .4 8 : 00 PM 1 Lot Exempt Subdivision- SEQR, Hardie Farms Inc . , David Hardie- Agent, 31 Holden Road, Tax Parcel # 8 . 4 -22 . 2 8 : 10 PM PDA Final— Lansing Commons , Cayuga Vista Drive, Tax Parcel # 37 . 1 - 2-53 . 22 8 : 20 PM 1 Lot Subdivision-SEQR, Jeannine Kirby, Goodman Road, Tax # P/O 20 . - 1 - 8 . 22 0 -16 • 08/21 /09 8 : 30 PM Continuation of Public Hearing(s) SEQR & Preliminary Plat Application , Farm Pond Circle Subdivision, Collins Road, Tax Parcel # 38 . - 1 ;4122 • • '4 �,\� 1 TOWN of LANSING e m Q "Home of Industry, Agriculture and Scenic Beauty " �` ` `tett • i� J ZONINGB186, PLANNING AND CODE ENFORCEMENT ox `, `;;`` ��1 Lansing, NY 14882 E-mail: tolcodes@twcny . rr. com Town of Lansing Planning Board Meeting August 24, 2009 7:15 PM Lansing Town Hall - Large Court Rm. http://www.lansingtown.com/ Agenda Time: Agenda Topics III7 : 15 P.M. Public Comments/Concerns 7 : 20 PM 1 Lot Exempt Subdivision-SEQR , The Raimondo Family Trust, 123 Nut Ridge Road, Tax Parcel # 1 . - 1 -5 7 :40 PM 1 Lot Exempt Subdivision-SEQR, Marc Leathers, Eastlake Road, Tax Parcel # 42 . - 1 - 54. 1 7 : 50 PM Site Plan Review -ECHO House, Better Housing of Tompkins Co , Agent for: Richard & Charla Hayes, 31 Drake Road, Tax Parcel # 37 . 1 - 1 -9 .4 8 : 00 PM 1 Lot Exempt Subdivision- SEQR, Hardie Farms Inc . , David Hardie-Agent, 31 Holden Road, Tax Parcel # 8 . - 1 -22 . 2 8 : 10 PM PDA Final— Lansing Commons, Cayuga Vista Drive, Tax Parcel # 37 . 1 -2-53 . 22 8 : 20 PM 1 Lot Exempt Subdivision- SEQR, Jeannine Kirby, Goodman Road, Tax # P/O 20 . - 1 -8 . 22 IP 8 : 30 PM Continuation Of Public Hearing(s) SEQR & Preliminary Plat Application, Farm Pond Circle Subdivision, Collins Road, Tax Parcel # 38 . - 1 ;4 . 122 • •