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HomeMy WebLinkAbout2009-09-28 APPROVED 41111 Town of Lansing Monday, September 28, 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 * Jeffrey Overstrom, * Lorraine Moynihan Schmitt, Esq. Public Present Jack Young Andy Sciarabba Mark Wheeler • General Business En 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 Andy Sciarabba states the Minutes from the last few Meetings are still in Draft form and he is in need of a document indicating that approval has been given by the Planning Board so he may obtain bank financing for his proposed project . The Planning Department will prepare a decision letter for Mr . Sciarabba to pick up tomorrow . Amended Agenda Chairman Davidson amended the order of the Agenda items as follows below; Discussion - Extension Request of Subdivision (s ) Completion, Cayuga Way & Lakeview Phase II Subdivision (s ) Attorney Mark Wheeler appeared before the Board requesting an 18 month extension on the two above Subdivisions that were previously approved in November 2007. In February 2008 the project Engineer, Timothy Buhl spoke with Richard Platt, CEO who advised Mr. Buhl to return to the Planning Board closer to the two year time limit period and request an extension . Mr. Wheeler further states due to the economic crisis, lending facilities are less likely to lend large amounts of money for project of this magnitude . • 1 z , APPROVED Jeff Overstrom states there has been no changes or proposal to change the original 11111 approved plans . No change to the Stormwater Regulations have changed . Nancy Loncto made a motion to allow an 18 month extension on The Cayuga Way and Lakeview Phase II Final approved Subdivision (s) . Thomas Ellis seconded . VOTE AS FOLLOWS : Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto - Aye Richard Prybyl - Aye Lin Davidson - Aye MOTION CARRIED . Mr. Overstrom will prepare a draft letter advising the extension and Ms . Moynihan Schmitt will review prior to sending out . Site Plan & SEQR Review-Bed & Breakfast, Applicant: Diane Rutherford, 559 Ridge Road, R2 District Ms . Rutherford was not present. Lorraine Moynihan Schmitt, Legal Counsel for the Planning Board brought her concern to the Board after reviewing the submitted Survey . It appears that the proposal does not meet the required set backs according to Town' s Land Use Ordinance . Ms. Moynihan Schmitt advised the Board that the Applicant must go before the Zoning Board of Appeals for an Area Variance as the Planning Board does • not have the authority to waive the requirement . By-Law Committee Update Ms . Moynihan Schmitt indicated that the By-Law Committee was unable to meet this past week. In lieu of that Ms . Moynihan Schmitt drafted a Local Law for the Planning Board Members to review . Ms . Moynihan Schmitt is requesting any comments or concerns from the Members prior to taking action on it at the next Planning Board Meeting. • 2 • APPROVEDn177- sr otZL • LOCAL LAW NO. OF THE YEAR 2009 A Local Law Amending and Superseding the Application.of Town Law Section 261 to Permit the Appointment of Alternate Members to the Planning Board of the Town of Lansing BE iT ENACTED by the Town Board of the Town of Lansing as follows: Section 1 . Short Title and Applicability Alternate Planning Board and Zoning Board of Appeals Member Act. This Local Law shall apply to the appointment, terms, functions and powers of alternate member appointed to serve on the Planning Board in the Town of Lansing. Section 2 . Authority This Local Law is enacted pursuant to the authority of Chapter 365 of.the taws of 1976 which added a new subparas, aph (3) to paragraph (d) of subdivision 1 of section 10 of the Municipal Home Rule Law authorizing Towns to adopt a local law which may amend or supersede any provision of the Town Law in relation to the property, affairs 'or government of the Town or in relation to any of the other enumerated subject matters in suchse .tion 10, unless there is a state legislative restriction on such amendment or supersession. Section 3. Purpose • In order to permit the Planning Board of the Town of Lansing to transactbusiness in the event where absence or conflicts of interest preclude a full membership of seven (7) members from considering a. particular matter, it is deemed advantageous by the Lansing Town Board to enact a local law superseding Town Law section 261 to provide for the appointment of alternate members to the Planning Board. Section 4. Definitions A. "Planning Board" means the Planning Board of the Town of Lansing as established by the Town Board by local law or ordinance, pursuant to the provisions of'section 271 of the Town Law/section 27 of the General Law/section 239-c of the General Municipal ' Law. B. "Member" means an individual appointed by the Town Board to serve on the Town Planning Board pursuant to the provisions of the local law or ordinance which first established such Planning Board. l • 3 APPROVED . C. "Alternate Member" means an individual appointed by the Town Board to serve on the Town Planning Board when a regular member is unable to participate on tin application or matter before the respective board, as provided herein. Section 5. Authorization/Effect. A. The Town Board of Lansing hereby enacts this Local Law to provide a process for appointing "alternate" members to its Planning Board. These individuals Would serve when members are absent or unable to participate on an application or matter before the respective board. B. Alternate members of the Planning Board shall he appointed by the Town Board or other duly authorized appointing authority, for a term of one ( 1 ) year and can be re-appointed for up to seven (7) total consecutive one year terms. Prior to the appointment, the Town Board shall refer the name of the proposed alternate, together with any application materials provided. by the candidate alternate, to the Planning Board for review and comment. ' C. The chairperson of the Planning Board may designate an alternate to substitute for a member when such member is unable to participate on an application or matter before the hoard. When so designated, the alternate member shall possess all ' the powers and responsibilities of such member of the board. Such designation shall be entered into the minutes of the initial Planning Board meeting at which the substitution is made. D. All provisions of state law relating to Planning Board member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as wellas any provisions of a local law/local ordinance relating to training, continuing education, compensation and attendance, shall also apply to alternate members. • Section 6. Supersedure of Town Law This Local Law is hereby adopted pursuant to the provisions of Section 1.0 of the Municipal Home Rule Law and Section 10 of the Statute of Local Governments. It the intent of the Town Board pursuant to Section 10 of the Municipal Home Rule Law, to supersede the Ir provisions of Section 271 of the Town Law relating to the appointment of members to the Town Planning Board. Section 7. If any part or provision of this Local Law or the application thereof to any person or circumstances adjudged invalid by any court of competent jurisdictionsuch, judgment shall be confined in its operation to the part or provision or application directly involved in the, controversy in which said judgment shall have been rendered and shall ,not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances and the Town Board of the Town of Lansing hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent. 2 • 4 APPROVED • Section 8. All ordinances. Local Laws and parts thereof inconsistent with this. Local .Law are hereby repealed. Section 9. Effective Date This Local Law shall takeeffect upon filing with the New York. State Secretary of State. 3 i 5 APPROVED • Continuation of Discussion - Site Plan Review For: Consideration of Special Use Permit Application for; Private Club to Lease Land for Soccer Fields, Applicant: Ithaca Youth Soccer Club, Inc ., East Shore Drive, Tax Parcel # 37. 1-6 .2 .2 Ms . Moynihan Schmitt prepared a Draft Resolution and distributed to the Members . David Hatfield had concerns with the wording on the Draft . After some discussion, it was the consensus of the Board to have Ms . Moynihan Schmitt amend the verbiage in the Resolution . Thomas Ellis offered the following amended Resolution; RESOLUTION No. 09- 117 RESOLUTION OF THE LANSING PLANNING BOARD, UPON SITE PLAN REVIEW, OF THE ITHACA YOUTH SOCCER CLUB INC. APPLICATION FOR SPECIAL USE PERMIT WHEREAS , Applicant, Ithaca Youth Soccer Club , Inc. has requested Planning Board consideration and review of an application for a special use permit for 12 . 1 +1- acres of leased lands for use as soccer fields and a private soccer club to be located on East Shore Drive, Tax Parcel #37 . 1 - 6-2 . 2 in the R2 District; and • WHEREAS , a private club is defined by the Lansing Land Use Ordinance as "any organization, premises or building catering exclusively to members and their guests and containing no merchandizing or commercial activities except as required for the membership and purposes of such club" ; and WHEREAS , the proposed soccer club is to have two soccer fields to be located° in the R2 District, and whereas Section 503 Schedule I(B ) of the Lansing Land Use Ordinance only permits a public or private club (except rod or gun) in the R2 District by discretionary special use permit, subject to site plan review , as set forth in the Lansing Land Use Ordinance Section 803 . 2 . 1 ; and WHEREAS , the procedure for determination of a special use permit application is set forth in the Lansing Land Use Ordinance at Section 803 . 3 et seq . which provides , inter 6 APPROVED alia, that " [ a] pplication for a special use permit shall be made to the Code Enforcement • Officer who shall refer it to the Planning Board for recommendations to [ the] Town Board for a final decision" (Lansing Land Use Ordinance Section 803 . 3 . 1 ) ; and WHEREAS , pursuant to Section 803 . 2 . 1 , the Planning Board is charged with reviewing the Special Use Permit Application in accordance with the site plan provisions of the Lansing Land Use Ordinance Section 701 , and is additionally charged with making a recommendation, based on such review to the Town Board ; and WHEREAS , the Town Board is charged with the overall determination of the Special Use Permit Application and is the approving agency charged with conducting the SEQR environmental review thereof and also the agency charged with conducting a public hearing on the application pursuant to the provisions of the Lansing Land Use Ordinance • Section 803 . 1 et seg ; and WHEREAS , on September 14 , 2009 , the Code Enforcement Officer duly referred the instant application for Special Use Permit for the Ithaca Youth Soccer Club Inc . to the Lansing Planning Board for review ; and WHEREAS , at a meeting of the Lansing Planning Board on September 14 , 2009 , the Lansing Planning Board duly reviewed said application on the record, in accordance with the site plan provisions of the Lansing Land Use Ordinance Section 701 ; and WHEREAS , on September 14 , 2009, the Planning Board duly considered and carefully reviewed the Ithaca Youth Soccer Club Inc . Site Plan in compliance with the requirements of the Town ' s Laws relative to site plan review and respecting the proposed project in conjunction with the unique needs of the Town , due to topography, drainage, soil types and distributions and other natural and man made features upon and surrounding the area of the proposed Site Plan ; and the Planning Board duly considered the design objectives of the Applicant and the quality and distinctiveness of the project 7 APPROVED proposal , in conjunction with the standards of review set forth at Section 701 .4 et seq. of • the Town of Lansing Land Use Ordinance, including, but not limited to , storm- water drainage plan, erosion controls , parking, water and sewer facilities , driveways , site lighting, on site and off-site impacts , landscaping and/or fencing, buffering and/or screening, roads and walkways , height limitations and compliance with other agency regulations and/or state, county and local laws and ordinances ; and the Planning Board has also considered the requirements of the Town ' s Land Use Ordinance, including requisites for Site Plan Review ; and has further reviewed the Application in conjunction with the provisions of the Town of Lansing ' s and Comprehensive Plan, which envisioned that this R2 Residential Moderate Density District, which includes the Route 34 corridor, be developed as a "mixture of varied types of residential development at a somewhat higher density [than the low density R1 District] . " (See, Town of Lansing Comprehensive Plan, Section IV , Future Land Uses) . The Planning Board finds that the Comprehensive Planning Committee intended that the moderate, higher density R2 residential district should include moderate, higher density housing and residential uses , such as professional offices , but with limited additional recreational space and uses , especially given the amount of recreational space currently available in and near this R2 district, and the Planning Board recognizes that this is the basis for the fact that Commercial Recreation, both outdoors and indoors , is not permitted in the R2 District, even by special use permit and indeed , the Town of Lansing ZBA has twice rejected this same applicant' s prior applications for a commercial recreational use variance for these same proposed soccer fields ; the Planning Board further finds that the Comprehensive Plan makes clear that extensive recreational opportunities exist in the Town of Lansing, • especially those in concert with the Parks and Recreation Department and the Comprehensive Plan provides , as a specific goal , " [ a] n integrated open space and recreation system that builds on excellent existing facilities and programs and incorporates unique natural assets with recreational and open space potential . " (See , Town of Lansing Comprehensive Plan , Policy Goals and Objectives , Section III( 10) ; and WHEREAS , the Planning Board has considered the concerns voiced by the public at the Planning Board meeting of September 14 , 2009 respecting the potential negative impacts of the project respecting traffic, noise, lighting, ingress and egress , parking, the precedent of granting this permit which would invite golf clubs , tennis clubs , motor cross clubs , and other types of private sporting clubs to apply for similar permits in the R2 District ; and WHEREAS , after due and careful consideration, deliberation, and review of the application, the Comprehensive Plan and the Lansing Land Use Ordinance and the duties imposed therein , there was not unity or consensus among the Planning Board members respecting a recommendation of this special use permit application, and whereas , accordingly, the Planning Board has neither resolved to affirmatively recommend the special use permit to the Town Board nor has the Planning Board resolved to recommend denial of the special use permit by the Planning Board to the Town Board , and ; • 8 APPROVED WHEREAS, the Planning Board did reach consensus among the Planning Board • members and the Applicant respecting appropriate conditions and mitigation measures of the project, should the Town Board approve and grant the Special Use Permit; now therefore be it RESOLVED : that, in the event the Town Board does determine to approve the special use permit, the Planning Board recommends that the permit be subject to mitigation measures which should include the following: no permitted lighting , buffering and screening for visual and limiting purposes , limited hours of operation so as not to disrupt the adjacent residents , no commercial activates , restriction of use of the club to members and guests only, use of the two soccer fields shall be limited to youth soccer club members only, consisting of soccer players age 18 and under; all traffic and parking access to be routed to the adjacent Community Recreational Center (CRC ) site, emergency access/entrances to be provided through the CRC property and consistent with the recommendations of first responders , hammer head turn a-rounds for emergency vehicles to be provided and constructed of a hard surface, such as gravel , rather than soft ground with difficult traction, provision of safe pedestrian traffic access , provision of safe vehicle access , no large public events to be permitted at the site, only soccer games and league events with family and friend attendant guests , non-profit uses only , no speakers , scoreboards or other mechanical devices to be installed or used on the field ( in keeping with the Applicant ' s submitted key features of the project) , seasonal use only, primarily spring and fall with minimal summer use and fields to remain private to the club and only available for use at scheduled times ( in keeping with the Applicant ' s submitted key • features of the project) ; fields to be placed and set at least 600 feet from any adjacent residences if feasible; the Planning Board also strongly recommends a time limit of one year for expiration of any special use permit granted, with yearly requisite future reviews for any requested extension thereof, such that this use does not become grandfathered . September 28 , 2009 Richard Prybyl seconded . VOTE AS FOLLOWS : Thomas Ellis - Aye David Hatfield — Aye Nancy Loncto — Aye Richard Prybyl — Aye Lin Davidson - Aye MOTION CARRIED . *Nancy Loncto requested to be excused at 8 : 17 PM . 9 APPROVED Approval/Denial Minutes of the following dates: • • Minutes of July 27, 2009 : Thomas Ellis questioned the start time listed in the Minutes for the Meeting . Ms . Jacobsen will review the tape and make the change if indeed an error was made . Thomas Ellis made a motion to approve as amended if necessary . Richard Prybyl seconded . VOTE AS FOLLOWS : Thomas Ellis - Aye David Hatfield - Aye Richard Prybyl - Aye Lin Davidson - Aye MOTION CARRIED . • Minutes of August 3, 2009 Ms . Moynihan Schmitt requested on page 1 under Lansing Commons, 2nd sentence in the first paragraph it should say Lansing Commons Planned Development Area . • Thomas Ellis made a motion to approve as amended . David Hatfield seconded . VOTE AS FOLLOWS : Thomas Ellis - Aye David Hatfield - Aye Richard Prybyl - Aye Lin Davidson - Aye MOTION CARRIED . • Minutes of August 10, 2009 Ms . Moynihan Schmitt states on page 9, 4th paragraph the word land should be inserted in the sentence . Page 13, under Farm Pond Circle Subdivision, after the vote, verbiage should say continue in place of table . On page 3, second paragraph the Attorney for the Planning Board clarified for the record that the action was a Type II . Further language will be forwarded by Legal Counsel to insert in the August 10, 2009 Minutes. David Hatfield made a motion to approve as amended . Richard Prybyl seconded . VOTE AS FOLLOWS : Thomas Ellis - Aye 10 Y APPROVED David Hatfield — Aye • Richard Prybyl — Aye Lin Davidson - Aye MOTION CARRIED . • Minutes of August 24, 2009 Richard Prybyl made a motion to approve as amended . David Hatfield seconded . VOTE AS FOLLOWS : Thomas Ellis - Aye David Hatfield — Aye Richard Prybyl — Aye Lin Davidson - Aye MOTION CARRIED . Rick Prybyl made a motion to adjourn the Meeting . David Hatfield seconded . VOTE AS FOLLOWS : Thomas Ellis - Aye David Hatfield — Aye Richard Prybyl — Aye Lin Davidson - Aye • MOTION CARRIED . • 11 Ga - .. 11V ® —pm 9 Op- ,40 LOCAL LAW NO. OF THE YEAR41 2009 • A Local Law Amending and Superseding the Application of Town Law Section 261 to Permit the Appointment of Alternate Members to the Planning Board of the Town of Lansing BE IT ENACTED by the Town Board of the Town of Lansing as follows : Section 1 . Short Title and Applicability Alternate Planning Board and Zoning Board of Appeals Member Act. This Local Law shall apply to the appointment, terms, functions and powers of alternate member appointed to serve on the Planning Board in the Town of Lansing. Section 2 . Authority This Local Law is enacted pursuant to the authority of Chapter 365 of the Laws of 1976 which added a new subparagraph (3 ) to paragraph (d) of subdivision 1 of section 10 of the Municipal Home Rule Law authorizing Towns to adopt a local law which may amend or supersede any provision of the Town Law in relation to the property, affairs or government of the Town or in relation to any of the other enumerated subject matters in such section 10, unless • there is a state legislative restriction on such amendment or supersession. Section 3 . Purpose In order to permit the Planning Board of the Town of Lansing to transact business in the event where absence or conflicts of interest preclude a full membership of seven (7) members from considering a particular matter, it is deemed advantageous by the Lansing Town Board to enact a local law superseding Town Law section 261 to provide for the appointment of alternate members to the Planning Board. Section 4. Definitions A. "Planning Board" means the Planning Board of the Town of Lansing as established by the Town Board by local law or ordinance, pursuant to the provisions of section 271 of the Town Law/section 27 of the General Law/section 239-c of the General Municipal Law. B . "Member" means an individual appointed by the Town Board to serve on the Town Planning Board pursuant to the provisions of the local law or ordinance which first established such Planning Board. • 1 r C. "Alternate Member" means an individual appointed by the Town Board to serve • on the Town Planning Board when a regular member is unable to participate on an application or matter before the respective board, as provided herein. Section 5 . Authorization/Effect A. The Town Board of Lansing hereby enacts this Local Law to provide a process for appointing "alternate" members to its Planning Board. These individuals would serve when members are absent or unable to participate on an application or matter before the respective board. B . Alternate members of the Planning Board shall be appointed by the Town Board or other duly authorized appointing authority, for a term of one ( 1 ) year and can be re-appointed for up to seven (7) total consecutive one year terms . Prior to the appointment, the Town Board shall refer the name of the proposed alternate, together with any application materials provided by the candidate alternate, to the Planning Board for review and comment. C. The chairperson of the Planning Board may designate an alternate to substitute for a member when such member is unable to participate on an application or matter before the board. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the board. Such designation shall be entered into the minutes of the initial Planning Board meeting at which the substitution is made. • D . All provisions of state law relating to Planning Board member eligibility, vacancy in office, removal , compatibility of office and service on other boards, as well as any provisions of a local law/local ordinance relating to training, continuing education, compensation and attendance, shall also apply to alternate members. Section 6. Supersedure of Town Law This Local Law is hereby adopted pursuant to the provisions of Section 10 of the Municipal Home Rule Law and Section 10 of the Statute of Local Governments. It is the intent of the Town Board pursuant to Section 10 of the Municipal Home Rule Law, to supersede the provisions of Section 271 of the Town Law relating to the appointment of members to the Town Planning Board. Section 7 . If any part or provision of this Local Law or the application thereof to any person or circumstances adjudged invalid by any court of competent jurisdiction such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which said judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances and the Town Board of the Town of Lansing hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent. 411 2 I 4 a • Section 8 . All ordinances, Local Laws and parts thereof inconsistent with this Local Law are hereby repealed. Section 9. Effective Date This Local Law shall take effect upon filing with the New York State Secretary of State. • • 3 Town of Lansing Planning Board Meeting September 28 , 2009 Visitors Please Sign In Below : (Please Print) Name Address / 10/ 7 cciati,A66A ni 60 “ eq. & Lti V(Za2i?. S ( keTKER • http : //www . lansingtown . com/ • *'e, ! TOWN of LANSING m Q "Home of Industry, Agriculture and Scenic Beauty " OA• ` It\ • ZONING , PLANNING AND CODE ENFORCEMENT ` 1 Box 186 , ;ti Lansing, NY 14882 E-mail: tolcodes@twenysr. com y com Town of Lansing Planning Board Meeting September 28, 2009 7: 15 PM Lansing Town Hall - Large Court Rm. http://www.Iansingtown.com/ Agenda Time: Agenda Topics • 7 : 15 P.M. Public Comments/Concerns 7 : 20 PM Site Plan & SEQR Review-Bed & Breakfast, Applicant : Diane Rutherford, 559 Ridge Road, R2 District 7 : 30 PM Further Discussion- Site Plan Review For: Consideration of Special Use Permit Application for; Private Club to Lease Land for Soccer Fields, Applicant : Ithaca Youth Soccer Club, Inc . , East Shore Drive, Tax Parcel # 37 . 1 -6-2 .2 , R2 District 7 : 40 PM Approval/Denial of Minutes 1 . July 27, 2009 2 . August 3 , 2009 3 . August 10, 2009 4 . August 24, 2009 Other Business Discussion- Extension Request of Subdivision(s) Completion, Cayuga Way & Lakeview Subdivisions Discussion-Environmental Management Council • Discussion-By-Laws Policy & Procedures