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HomeMy WebLinkAbout2010-10-06 • APPROVED • Nancy Loncto — Aye Larry Sharpsteen ' - Aye Lin Davidson - Aye MOTION CARRIED . Approval /Denial Minutes of: October 6, 2010 & October 12, 2010 October 6, 2010 Thomas Ellis requested on page 5, under Ben Gustafson, second sentence should read; • The Notice of Intent and the conditions of the PDA specifically mentions the shoulder. Page 6, under Ben Gustafson should read; • Ben Gustafson stated they contacted TCAT and were told they do not want a shoulder, easement, and a bus stop of any kind. Page 12, under Thomas Ellis is should read; • • Thomas Ellis suggested the Chairman welcome, introduce and inform the Public of the capacity and roles played by various individuals at the Planning Board table. Larry Sharpsteen made a motion to approve as amended . Nancy Loncto seconded. VOTE AS FOLLOWS : Thomas Ellis — Aye David Hatfield - Aye Nancy Loncto — Aye Larry Sharpsteen - Aye Lin Davidson - Aye MOTION CARRIED. October 12, 2010 Thomas Ellis made a motion to accept the Minutes of October 12, 2010 as presented . Nancy Loncto seconded. VOTE AS FOLLOWS : Thomas Ellis — Aye David Hatfield - Aye Nancy Loncto — Aye Larry Sharpsteen - Abstained 10 • APPROVED • Lin Davidson - Aye MOTION CARRIED. Request for Waiver to obtain Building Permit prior to Road Construction - Farm Pond Circle, Collins Road, Tax Parcel # 38. - 1 -4. 122 Ms. Moynihan Schmitt, Legal Counsel for the Planning Board read the following excerpt from the Lansing Town Board Draft Minutes from the Meeting held on Wednesday, October 20, 2010; • Building Permits before New Roads are Built : Mr. Pinney stated that Jack Jensen, owner and developer of the Farm Pond Circle Development has asked for a building permit for a ;;house at least 1,000 feet off the public road . The road in the subdivision has not been built yet . Mr. French and Mr. Overstrom did not agree with allowing this as it would go against the Town' s rules and regulations . They did not feel an exception should be made . Mr. French stated that this same problem came up a few years ago with a developer in Whispering Pines and it caused a lot of trouble . The Board at that time agreed it would never happen again . After a long discussion it was the consensus of the Board to have Mr. Jensen go to the Planning Board as they could grant a waiver if they felt it was necessary. Mr. Overstrom • will attend the Planning Board meeting on Monday, October 25th and he will keep the Board updated on the status of this matter . Ms. Moynihan Schmitt states she has researched the two alternate waiver provisions for the Planning Board to take into consideration and they are; ARTICLE 9 : VARIANCES AND MODIFICATIONS : Sec. 900. Purpose & General Requirements : The purpose of this Article is to set forth those conditions and circumstances under which the requirements of this Local Law may be modified or waived by the Planning Board (or, where applicable, the Town Board) . Where the Planning Board finds that, due to the special circumstances of a particular case, a waiver of certain requirements or procedures is justified, a waiver may be granted. In all cases, no waiver shall be granted unless the Planning Board finds and records in its minutes that: ( 1 ) granting the waiver would be keeping with the intent and spirit of this Local Law, and is in the best interests of the community; (2) there is no adverse effect upon the character, appearance, or welfare of any neighborhood or the environment; (3) there are special circumstances involved in the particular case ; 1 (4) denying the waiver would result in undue hardship, provided that such hardship has not been self-imposed ; and (5 ) the waiver is the minimum necessary degree of variation from the requirements of this Local Law. r 11 APPROVED . • Ms. Moynihan Schmitt further stated Mr. Overstrom indicated he has concerns regarding the SWPPP and the impact of the neighborhood with respect to mud and dirt recently on the road . The Planning Board may grant a waiver, however they must make findings and go through each of the prongs of Section 900 of The Subdivision Local Law. The other alternative route is Town Law 280-a . as; follows; 5281)..a. Permits for buildings not on improved mapped streets I . No permit for the. erection of any building shall be issued unless a street or highway giving tacc-ess to such I.troposed structure has been duly placed on the official map or plan . or if there be no official map or plan, unless sucth street or highway is ( a ) an 'existing state, county or town highway, or (b) a street shown ttppun a plat approved by the planning board as provided in sections two hundred seventy six. and two hundred seventycSevetiof this article, its in effect at Ther titter such plat was approved, or (c) a street on a plat duly filed and recorded in the office of the: county clerk or register prior to the appointment of such planning board and the grant to suchboard of the power to ap- prove plats. 2 . Before such permit shall be issued such street or highway shall have been suitably improved to the satisfaction of the town board or planning board, if empowered by the town boardin accordance with standards and specifications approved by the town board, as adequate in respect to the public health, safety and general welfaare for the special circumstances of the particular street or highway . Alternative: Ey,. • • 12 APPROVED • and in the discretion of suchboard, a performance bond sufficientt to cover the full cost of such improvement as estimated by such board shall be furnished) to the town by the owner, Such performm7ance bond shall be issued by a bonding or surety company approved liby the town board or by the owner with security acceptable to the town board, and Shaii also be approved by such town board as to forth , sufficiency and manner of execution. The term, manner of modification and method of enforcement of such bond shall be determined by the appropriate board in substantial conformity with section two hundred Lsevc.snty - seven of this Wide . 3 . The applicant for such a pe:rm.itmay appeal from the decision of the administrativre officer having charge of the issue of permits to the beard" of appeals or Cmthcr Shaik. r board, in any town which has established a board hawing the power to make varientic.s Or exceptions in zoning regulations ler: (a) to exception if the circumstances of the case do not require the structure to be related to existing, or proposed. streets or highways , ane)/Or (b) an area variance pursuant to sect:ioin two hundred sixty-sevenb bmf this chapter, and the same provisions are hereby appliedto such appeals and to such beard as are ' provided in cases of appeais on booing rcgviations. The heard may an passing on such appeal make any reasonable exception and issue the permit sub- jet]. to conditions that will protect any future street or highway layout . Any such decision shallbe subject to review by certiorari order issued out of a special term of the supreme court in the sant: manner and pursuant to the same provisions as in appeals from the decisions of such board upon letting regulations , t+ r., 4 . The town board may , by resolution; establish an open develop- ment. area or areas within the town , Wherein. permits may be issued for • the erection ot: structures to which access is given by rmp;ht of way or easement., uponsuch cot ditions and subject to such limitations as may be prescribed by general or special rule of the planning' Ward . if one exists , or of the town hoard if a ptarmtming board does opt exist= IS a planning board existsin such town, the, town board , belbre establishing arty such open development area or areas , Shall refer the matter to such planning Lard for its advice and shall allow such plan- ning board a reasonable time to report , 5 , Fcmr the purposes of this section n time averd ' ' access:" shall mean that the pleat On which such structure is .proposed to be erected directly abuts on such street of highway and has sufficient frontage thereon IG tdiuwm* the ingress tint! egress of fire trucks , unbalances , police cars end other emergency vehicles, and , a frontage of 'Mop p feet Shall prestitmmptively he sutiicient for that purpose . Ms. Moynihan Schmitt states there are two prongs to this Statue. The first prong has been met by the Applicant because the street is shown on a Subdivision Plat, and approved by the Planning Board . There is also another way to meet that prong and that by being placed on an Official Town Map, which that does not apply here . The second prong # 2 above can be applied by the Planning Board as well as the provision in # 2 alternatively, requesting a performance bond . Ms. Moynihan Schmitt states there was some substantial discussion at the Town Board Meeting with respect to the sub base on the road being sufficient to allow for emergency access. The Planning Board can add that as a condition along with the Bond if they grant a waiver. 13 • APPROVED Jeff Overstrom states he was advised by Jack French that the initial construction of the sub base was not inspected . In addition, bank run gravel was put in. Mr. French is not satisfied with the current construction that has taken place and is recommending that the gravel be removed, the sub base be inspection and the roadway re constructed in accordance with the Town Highway specifications . As for the environmental issues, the Stormwater practices have been without weekly inspections by a professional Engineer. As Stormwater Management Officer for the Town, this project could be considered out of compliance and in violation. Larry Sharpsteen inquired from Mr. Overstrom if there is any come back on the Town as being Lead Agency if a private complaint is lodged against the project resulting in the State shutting down the job and fines implied. Mr. Overstrom indicated yes, and they can also hold him responsible as well. Lorraine Moynihan Schmitt indicated there was some concern at the Town Board level as to adding personal injury liability. Larry Sharpsteen stated given the information the Board received tonight, in his • opinion he would not go against the advice of personal staff. Jack Jensen states with respect to the inspections; he is confused. Mr. Jensen stated a month ago he sat in Mr. Overstrom's office with Jack French present and told them both he was starting the road . Mr. Jensen thought that was notification to Mr . French. At that same time, Mr. Jensen told them that David Herrick was recommending an Engineer for a SWPPP. Mr. Jensen will take responsibility for not calling on a daily basis for inspections, however, Mr. French & Mr. Overstrom were fully aware that the road construction had begun. Mr. Jensen further states he applied for a Building Permit and was denied until the road is completed and dedicated to the Town. Mr. Jensen was not asking for a Certificate of Occupancy, only a Building Permit. As for additional insurance, any construction worker that is on the property is covered under Mr . Jensen's Builder's Risk Policy. Ms. Moynihan Schmitt indicated a lot of the case Law Notes under Section 280-a Provisions, are concerns with Fire Sr Rescue access. Children are known to occasionally play in Spec Homes and that is one of the concerns the Town Board has. Ms . Moynihan further stated the Planning Board can grant a 280-a waiver conditioned upon the issuance of a Performance Bond, along with the additional insurance protection for the Town, and a provision that the sub base is brought • up to the Town's Specifications . 14 • APPROVED • Thomas Ellis stated it would not be in the best interest to issue a Building Permit if the road will have to be dug up . Mr. Ellis read aloud several steps in the Schedule I of the Specifications for Town Highways. Under numerous sections it indicates that the Highway Superintendent must verify before moving forward. Mr. Ellis feels by permitting Mr. Jensen to move forward with the road that does not meet the Town Specifications and give a Building Permit would set a bad precedence . Nancy Loncto inquired as to how long it would take to improve the road. Mr. Jensen states it is physically impossible for his to dedicate the road to the Town this fall due to the plant shutting down. Their intent was to put in the base, the Stormwater practices and have the house ready to go in the spring. Lin Davidson clarified for the record that not only does Mr. Jensen have construction workers out on the project now, he is adding an additional large number of volunteers on a road that is not up to Specifications. Larry Sharpsteen reiterated to the Members that Legal Counsel has given two alternative methods that the Developer can take to apply for a waiver . • Mr. Jensen clearly indicated he could not come up with the Performance Bond . Ms. Moynihan Schmitt reviewed the remaining options . 1 . Under Town Law 280-a, the Board could issue a waiver if, the Board finds the street or highway has been suitably improved in accordance with standards and specifications. Sections 900 of the Subdivision Law, The purpose of this Article is to set forth those conditions and circumstances under which the requirements of this Local Law may be modified or waived by the Planning Board (or, where applicable, the Town Board) . Where the Planning Board finds that, due to the special circumstances of a particular case, a waiver of certain requirements or procedures is justified , a waiver may be granted . In all cases, no waiver shall be granted unless the Planning Board finds and records in its minutes that: ( 1 ) granting the waiver would be keeping with the intent and spirit of this Local Law, and is in the best interests of the community; (2) there is no adverse effect upon the character, appearance, or welfare of any neighborhood or the environment; (3) there are special circumstances involved in the particular case ; (4) denying the waiver would result in undue hardship, provided that such hardship has not ,been self-imposed; and (5 ) the waiver is the minimum necessary degree of variation from the requirements of this Local Law . • Nancy Loncto states she could not respond to the request unless the Developer could build a case. 15 • • APPROVED • Larry Sharpsteen suggested the Highway Superintendent dent and the Developer agree in writing on some method of temporarily certifying the first section of the road. Mr. Sharpsteen further indicated if the Town's professional staff is satisfied that the road is good enough for temporary use and with the understanding that no Certificate of Occupancy will be issued, the project may be able to move forward . Mr. Jensen requested that the Planning Board give him at least two weeks to work out the road issue and then consider permitting him to obtain a Building Permit. The worse case scenario would be that he ends up with an extremely wide and long driveway. Lin Davidson stated it sounded like a self createdhardship . Other Members agreed. Ms. Moynihan Schmitt summarized what the Board is requesting from the Developer if he wishes to pursue the waiver request under Section 900 of the Subdivision Rules and Regulations ; 1 . The Board is requesting the Developer put his request for a waiver in • writing and that each prong is addressed in Section 900. 2 . Professional Staff's approval 3. The Town Listed as an additional insured Nancy Loncto requested that the Planning Department provide Counsel with any material related to this issue at least three full business days prior to the Planning Board Meeting to allow for Counsel to review. It will NOT be considered if this does not happen. Thomas Ellis made a motion to adjourn and go into Executive Session at 8:45 PM to discuss a particular staff position and budget issue . Nancy Loncto seconded . VOTE AS FOLLOWS: Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto — Aye Larry Sharpsteen - Aye Lin Davidson - Aye MOTION CARRIED. 16 APPROVED • Larry Sharpsteen made a motion to terminate the Executive Session at 9 : 08 PM . Nancy Loncto seconded. VOTE AS FOLLOWS: Thomas Ellis — Aye David Hatfield Aye Nancy Loncto — Aye Larry Sharpsteen - Aye Lin Davidson - Aye MOTION CARRIED. Larry Sharpsteen offered the following Resolution; RESOLUTION NO. 10-81 Motion to resolve to create a memo from the Planning Board to the Town Board stating that it is the considered opinion of the Planning Board that cutting the position of Rachel Jacobsen, Code / Planning / ZBA Clerk to half time, currently under consideration by the Town Board in conjunction with the Town Board budgeting discussions, would have the following negative impacts: • Negatively impact the efficiency of the Planning Department • and the Planning Board; • Negatively impact the Town's positive intercourse with developers, current client/ applicants, and future client / applicants; • Negatively impact the record keeping functions of both the Planning Department and the Planning Board, including current exemplary minute-taking by the Clerk; • Negatively impact the administrative functions of the Planning Department. The Board would welcome a meeting with the Town Supervisor, Planning Board Chair, Town Board Liaison to the Planning Board, and / or the Budget Committee to discuss these issues. Nancy Loncto seconded. VOTE AS FOLLOWS: Thomas Ellis;— Aye David Hatfield - Aye Nancy Loncto - Aye Lin Davidson - Aye 1111 MOTION CARRIED. 17 APPROVED • David Hatfield made a motion to adjourn the Meeting. Larry Sharpsteen seconded . VOTE AS FOLLOWS: Thomas Ellis - Aye David Hatfield Aye Nancy Loncto - Aye Larry Sharpsteen - Aye Lin Davidson - Aye MOTION CARRIED. • • 18 T APPROVED o Town of Lansingiod . e 4 • ; October 6, 2010 7: 15PM PLANNING BOARD Y PLANNING BOARD MEMBERS (*Denotes present) * Nancy Loncto * Tom Ellis * Larry Sharpsteen * Lin Davidson, Chairman Viola Miller * David Hatfield * Richard Prybyl - 8:31 PM * Jeffrey Overstrom, EIT * Lorraine Moynihan Schmitt, Esq. * Robert Cree, TB Liaison Public Present Wayne Matteson, P. E . Maureen Cowan Roger Hopkins Glenna Thaler • Ben Gustafson Mary Ellen Lane Stephen Cardamone Mary Adie Ron Seacord Kathy Miller Dorothy Krizeck Mary Krizeck Dale Baker General Business Lin Davidson called the Planning Board Meeting to order at 7: 20 PM. Mr . Davidson inquired if there was anyone from the Public that would like to speak to the Board with issues other than the Agenda items . Public Hearing- Preliminary . Plat Approval for Woodland Park Planned Development Area, Tax Parcel # 41 . -2-5 Lin Davidson, Chairman read the Legal Notice published in The Ithaca Journal. Thomas Ellis made a motion to open the Public Hearing at 7:22 PM . Nancy Loncto seconded . VOTE AS FOLLOWS : • Thomas Ellis — Aye David Hatfield - Aye Nancy Loncto - Aye 1 APPROVED • Larry Sharpsteen - Aye Lin Davidson - Aye MOTION CARRIED . Public Comments/Concerns Dale Baker, Representative for The Lansing Recreational Pathway Committee read the following statement; fry /911 r To; learning Pla,nnin 'Board front.: Lansing Recreational Pathway l untmittee Dui:: i0•5-2ItI0 Re; Warren Road /Woodland Park PDA; Cardamon residential dcvelopniettl pathways lo our rile us it. l.areslug Town ti.l iztti 410101y group we have. reviewed the prcertiiF01 for a residential development between ililicrestand Warren Road indare recotnmetttfingThat the proposed developmientinclude a provision Rite watt ;piadesttian and, mita-napannleti transportation in the form of u trail next to the propocsed rind, We alto nzitirrl11)pni14t, a pin /meter footpath be included with attests by thirst Who live, in the dcvelopmrntand t ns7 „tints who t to 'eccew the path wt Waren }toad Or Cliilcresi Rd. -this loot ?nth will be a key link ai tlij:• eaztaxeyt connector trail tct l: ai .in ... • We realize that the town is to proccsi a.tf c°trnstructing spctt hl 0011% for pi:At- Arlon e alk ai k in tho meantime, WC provide some SLIW$1,1010$1,1010 that- girt tztscd on common hint pm!it.cw+, I _ Mrc n'erimMend thou the developer "provide n pcdeattian trail Along the prim uv road between Fliderest and Warren witfl gf;tss , i„ptvrating- the meal IMO OW mtui: this would & co retiarrels :stifr pedestrian and non motorized transport within the t' nunuruty and to thea bus stop on WWarren, We 'suggest-The .initial trail Sher he hied pack with stone or asphalt and altar the wr+ernent allow for an N tut grail in Ow lc\n cr leen. Ar the cOittj,leticzi ref iht tl wdnpmcat, the ease t tt for Ilia Ind would he given to the town 'gine longer icrii maintenance. The; primary tleterttai.n itirm of the specifications for tate path ShouIJ1be= determined by town :,pc iiac itionsfor this. type of rusitttnt tri ;arca. We recolliftleRd that die developer provide tr foolpalh kale,ng the. periroarer :tithe PrufratY JTnrtn fiill'reel tel L...... r.n With ;attest y residents )‘'ata one oftht t•ul d saes or along the rieuxl westerly lot on Hallett_ t. This trail would ,provid. eeitical links to the future 'cast west connector Irrail ua LIppryved by tlw Tc wn J auris, The footpath my he initialts, eh:ared ivad graded by the detecl(pvvr the r;•tt,rne;AA over to the 1c+w,n rot lOtretr Icrm maintenance by veelunneery. The easement for this path should accommodate an Zi toot wide path itt the kat ger1erert. :It . W'e n matt and ihat the developer pWt ia1. pedestrian paths, h to k feet whit%, lin the condemnailun area. Preferably in front of the c ntdemainipm c. The type of path would he deterrnitted by the developer and lltc maintenance would be included in: ih J ICt11 fees, We have spoked with Mr. C<trdamone about our recetnmertatlen and have :dieted to. nieci with him or other town reprc_sentativet if this LA) desired. • Our rtcvminendannn this evening is in line pith seclion 153 and ?t5 of the 'ru la` Compeht•nsi ye Pim, las acrd as thtt Town's subdivision regulations, s . 10 I , that. • designate 5% of the total area lb: porpoise; such its II)is, 2 t • APPROVED • Thomas Ellis requested clarification from the Committee with respect to the footpath in # 2 above . Mr . Ellis requested to know if the footpath is separate from the road way path. Maureen Cowan indicated yes . The second one they are referring to is the perimeter trail along the northern boundary . David Hatfield inquired what group of volunteers will be taking care of these trails, and who would be liable if someone is injured . Maureen Cowan indicated there are several ways for maintence of this project . Volunteers can sign Waivers . In addition, the Committee is not requesting the Developer to build the perimeter trail now, only reserve (easement) the space for it in the near future . Larry Sharpsteen made a motion to close the Public Hearing at 7:34 PM . Nancy Loncto seconded . VOTE AS FOLLOWS : Thomas Ellis — Aye • David Hatfield - Aye Nancy Loncto - Aye Larry Sharpsteen - Aye Lin Davidson - Aye MOTION CARRIED . Further Discussion Ben Gustafson, P . E . for the Developer expressed concerns for this Subdivision with respect to the trails . The first would be the private Townhouse area . The purpose as proposed in the PDA is to be a "private community " . To have a public walking trail through that space would defeat that purpose . There are maintence issues which would be incurred throughout the development process until they are turned over . Trails of this size would create a burden on the Developer with respect to re-sale and new property owners not wanting people within 30 feet of their back yards . The proposed perimeter trail would have significant impacts (wetlands around the northern and southern boundaries) . It would make the trail generally unusable, difficult to construct, and difficult to permit . Significant Army Corps . Of Engineer Permitting would have to reoccur . Lastly, due to the Public Comments held at the Concept Plan Presentation on • April 26, 2010 the Developer added the trail for the private development . After several discussions with the Planning Board and Town Board with respect to the 3 APPROVED trail along the road, it was agreed that 6 ' shoulders would be provided on the one side of road B and taken out of the 60 ' road right of way . In addition, the Developer will be providing lighting . On road B, there is an extended shoulder with a painted stripe on it . Larry Sharpsteen stated it was his understanding that the extended shoulder would not be a part of the 60 ' right of way . The drawings show different . Mr . Sharpsteen suggested 4' of shoulder on each side, plus a 4' walkway on which ever side they wish to place it on, for a total increase in the paved width of 4' . That will leave a 2 ' decrease on each side for ditches and utilities on each side . This will still be well within the 60' road right of way . Jeff Overstrom indicated there is an option that the Town would allow a separate divided walkway that is not attached to the pavement . Jeff Overstrom states he received the Traffic Study this evening and it indicates no negative impact on the area . Mr . Gustafson pointed out that early in the PDA process, conditions and ® documentation along with a letter of Intent was presented and accepted . The Planning Board ' s request for change seems to be out of order . Mr . Gustafson states the entire documents have been prepared and the Board is requesting extensive work to be re-done on them which would cost an extreme amount of money from the Developer . Nancy Loncto inquired from Counsel if all public comments should be taken into consideration as the process continues ? Lorraine Moynihan Schmitt indicated yes . The Planning Board can impose conditions at any time . However, it is ultimately up to the Town Board to determine . Ms . Moynihan Schmitt further stated there is room for discussion as to where the pathway can fit without interfering with the Developer' s Stormwater Plan. Roger Hopkins states his Committee is not requesting pavement or side walks, all they are requesting is dotted lines . Ben Gustafson said given there is a 60 ' right of way, if the Town ever wanted to put in a walk way at their expense, they can put in additional storm sewer in the area that is currently used for the ditch . Mr . Gustafson again reiterated that he does not understand why the conditions that were established and agreed upon in the Intent to Comply Letter are now being changed by the Planning Board . 4 APPROVED Lorraine Moynihan Schmitt inquired from Robert Cree, Town Board Liaison if at any time did the Town Board have a discussion about pathways in this proposal . Mr . Cree indicated no, however when the Town Board spoke with the Pathway Committee it was his understanding that all new Development should be made aware of the request from the Pathway Committee for consideration of a " paper path" in the early stage of development in their project . *Larry Sharpsteen made a motion requesting that the prepared Resolution be amended to incorporate the following; Page 2, # 4 . The waiver has been granted by the Town Board for the road width . Page 2, # 6 . The Planning Board is not suggesting any change in the cross section or any change of the paved width. The Board is requesting that the shoulder width remain 4 ' on both sides and any consideration for a pathway be made in the remaining 16 ' on either side of the Road within the Town right of way . Ben Gustafson requested that it be noted that the cross section has not changed through the process . The Notice of Intent and the conditions of the PDA specifically mentions the shoulder . This same cross section has been viewed by the Planning and Town Board and approved . Also, it should be noted that if the proposed changes as far as the cross sections and the location of the pathways be further specified, that is a change of the conditions of the PDA . Lorraine Moynihan Schmitt stated at this point of the process, the Planning Board can indeed propose modifications . Ms . Moynihan Schmitt recommended to the Planning Board that they ask the Town Board to weigh any undo hardship for the Applicant against what is being requested by the Lansing Pathway Committee . Stephen Cardamone, Developer states items like this should be spelled out in the beginning . Mr . Cardamone has no objections to walkways, however, it is not fair at this point of the project for re designing . • Lorraine Moynihan Schmitt advised the Developer he is at a Preliminary Phase and changes can be made . 5 APPROVED • Nancy Loncto seconded Larry ' s amendments to his motion. VOTE AS FOLLOWS : Thomas Ellis - Aye David Hatfield - Nay Nancy Loncto - Aye Larry Sharpsteen - Aye Lin Davidson - Aye MOTION CARRIED . Ms . Moynihan Schmitt also recommended that # 6 be added as # 3 under conditions on the last page . Thomas Ellis inquired if an allowance is made for the path, does it have to have deed restrictions attached ? Lorraine Moynihan Schmitt stated that will fall under condition # 1 on page 3 which reads; • PDA Approval with Condition by the Town Board should encompass any all deed restrictions or easement respecting Pathways encumbering the development property to be developed; Thomas Ellis still has concerns with not having a bus pull off. Mr . Ellis suggested making a wider shoulder on the east side of this development which would be west of Warren Road . Ben Gustafson stated they contacted TCAT and were told they do not want a shoulder, easement, and bus stop of any kind . Nancy Loncto made a motion to accept the amendments and offered the following Resolution; RESOLUTION No. 10-62 RESOLUTION OF THE PLANNING BOARD RECOMMENDING TO THE TOWN BOARD CONDITIONS AND SPECIFICATIONS UNDER WHICH THE CARDAMONE "WOODLAND PARK PLANNED DEVELOPMENT AREA" APPLICATION MAY BE CONSIDERED FOR PDA APPROVAL BY THE TOWN BOARD 6 APPROVED • WHEREAS , Applicant, Cardamone Home Builders , Inc . has requested Town Board q Approval , and Planning Board preliminary review , of a PDA Application for the "Woodland Park Planned Development Area" (formerly Warren Road PDA) respecting a +1- 59 . 984 acre parcel residential development consisting of 48 townhouse units and 25 single family lots for an average density of 35 ,793 square feet per dwelling unit within the R1 Residential District located on Warren Road and Hillcrest Road in the Town of Lansing, P/O Tax Map Parcel 41 . - 2- 5 ; and II WHEREAS , the Lansing Planning Board has considered and carefully y reviewed the Application and the Applicant ' s Statement of Intent to Comply with Conditions and Specifications of the Planning Board, dated August 26 , 2010, respecting the Applicant ' s PDA Proposal ; and WHEREAS , the Public Comment Period on the Application was commenced on August 26 , 2010 upon submission of the Applicant ' s Statement of Intent to Comply , pursuant to Section 706 . 5 of the Lansing Land Use Ordinance, and a public hearing was held by the Lansing Planning Board on October 6 , 2010 respecting Planning Board consideration of the "Woodland Park Planned Development Area" PDA Application materials and the Applicant' s August 26 , 2010 Statement of Intent to Comply, as well as consideration of whether the Planning Board should recommend to the Town Board either: ( 1 ) disapproval of the proposed PDA development; or (2 ) conditional approval of the PDA ® development, subject to such conditions set forth in the Statement of Intent to Comply and/or any other conditions otherwise imposed by the Planning Board ; and WHEREAS , at the public hearing held on October 6 , 2010, the residents of the Town of Lansing were given a full opportunity to be heard respecting the Woodland Park Planned Development Area PDA Proposal , and the Planning Board reviewed said comments and concerns of the residents , including concerns respecting the following potential impacts of the project : increased traffic, drainage and stormwater concerns , density issues , infrastructure capacity ; and WHEREAS , on October 6 , 2010 , the Planning Board, pursuant to Lansing Land Use Ordinance Section 706 . 5 , underwent site plan review of the proposed Woodland Park PDA development, and has considered and carefully reviewed the requirements of the Land Use Ordinance Section 701 et seq. , relative to Planning Board site plan review and the unique needs of the Town due to the topography, the soil types and distributions , and other natural and man made features upon and surrounding the area of the proposed Site Plan, and consideration of storm water drainage, erosion control , parking, water and sewer facilities , driveways , site lighting, off site impacts , roadways and walkways , height regulations , landscaping , open space, and compliance with other state, county and local agency regulations ; and the Planning Board has also considered the Town ' s Comprehensive Plan and compliance therewith ; and • WHEREAS , by correspondence dated September 28 , 2010 , the Tompkins County Department of Planning, in its GML 239 —1 , - m and —n review, made a formal recommendation that the project be modified to provide walkways throughout the entire 7 APPROVED • subdivision in order to provide access to Warren Road where TCAT service is available, and further suggested coordination of a requirement of a TCAT bus shelter with the Tompkins County Highway Division and TCAT , and the Tompkins County Department of Planning made an informal recommendation that the two dead end streets within the PDA be changed to a loop road for better vehicular and pedestrian circulation throughout the PDA development ; and WHEREAS , the Applicant has consulted with TCAT and has been advised that a bus shelter on Warren Road is not desired by that agency given the rural nature of the route and provision for flagging the bus at any point along said route, and upon TCAT ' s analysis for public transportation that is anticipated from the proposed development ; and WHEREAS , upon due consideration and deliberation by the Town of Lansing Planning Board , now therefore be it RESOLVED, that, pursuant to Section 706 . 5 of the Town Of Lansing Land Use Ordinance , the Lansing Planning Board hereby recommends to the Town Board that the Town Board conditionally approve the Woodland Park PDA application, subject to such conditions as set forth in the Developer/Applicant ' s September 24 , 2010 Preliminary Plans and August 26 , 2010 Statement of Intent to Comply as set forth again below with additional comment of the Planning Board in parentheses : • 1 . Final Development approval shall be contingent upon the ACOE approval and issuance of wetland permits and any wetland mitigation required by the ACOE ; 2 . Approval of the PDA project is contingent upon review and approval of the applicant ' s storm water and erosion control plan/SWPPP application ; 3 . Approval of the PDA is contingent upon review and approval of the Road Infrastructure layout by the Town of Lansing Highway Superintendent (proposed infrastructure/roadway layout already reviewed by Town Highway Department and Town Board); 4 . The Town ' s Right of Way/Easement Road Width for the proposed Private Road in the Townhouse phased construction shall be 60 feet unless a waiver for 50 foot easement is granted by the Town Board (proposed waiver already reviewed by the Town Board) ; 5 . The applicant shall make provisions of a TCAT bus stop on Warren Road , east of the Townhouse construction ; (Condition no longer required by the Planning Board given TCAT's determination that a bus shelter at that location is not desired); 6 . The applicant shall make provision for a 6 foot shoulder/pathway either north or • south of Public Road B , located on the southern portion of the PDA sketch plan ( The Planning Board is not recommending any change in the cross section or paved width of Public Road B as shown on the Applicant 's plans. The 8 • APPROVED OPlanning Board recommends, for safety reasons, that the shoulder width remain, as designed, at 4 ' on both sides of Public Road B, and further recommends that the Town Board consider any condition for a pathway on Public Road B to be designed in the remaining 16 ' of Public Road B on either side of the roadway and within the Town 's 60 ' public road right of way) ; 7 . The applicant shall provide an estimated time frame proposal for each phase of the construction ; 8 . The lots designated for single family home construction and cannot be amended to permit additional multifamily dwellings in the PDA ; 9 . The approval of the PDA is contingent upon Town Board approval of the applicant ' s application for extension of the Water District to encompass the entire PDA project ; and and also subject to the following additional conditions recommended by the Planning Board : • 1 . PDA Approval with Condition by the Town Board should encompass any and all deed restrictions , if any ; 2 . Department of Transportation Review and Approval of proposed single curb cut access to Warren Road ; and it is further RESOLVED , that, pursuant to Section 706 et seq. of the Land Use Ordinance, the Planning Board recommends that the Town Board set public hearing(s ) for Town Board consideration of the PDA and SEQR review , said hearing(s ) to be held by the Town Board within 45 days of this resolution, pursuant to Section 706 . 6 . 1 of the Town of Lansing Land Use Ordinance. Pursuant to Section 706 . 6 . 1 of the Town of Lansing Land Use Ordinance, Town Board conditional approval or disapproval of the PDA is to be issued by the Town Board within 30 days of said Town Board public hearing(s ) . October 6 , 2010 • 9 APPROVED • Lin Davidson advised Roger Hopkins that the Planning Board is not addressing the perimeter trail on the north property line . This discussion will be left up to the Town Board . *Richard Prybyl joined the Meeting at 8 :31 PM. Thomas Ellis seconded the Resolution . VOTE AS FOLLOWS : Thomas Ellis — Aye David Hatfield - Nay Nancy Loncto — Aye Richard Prybyl - Abstained Larry Sharpsteen - Aye Lin Davidson - Aye MOTION CARRIED. • Discussion of Revised Lansing Commons Project, Cayuga Vista Drive, Tax Parcel # 37.1-2-53 .222 Ms . Moynihan Schmitt clarified for the record that according to the last Meeting Minutes, the PDA Application was withdrawn and a brief Sketch Plan discussion took place . A new Application for ,a Major Subdivision will be forth coming . A completed LEAF form was presented at this Meeting . At this point Ms . Moynihan Schmitt advised the Board once a formal Application arrives, this Board needs to declare its intent to act as Lead Agency and classifies the SEQR action. Notice of Intents will need to go out to all parties listed . Due to the Members not being able to review the LEAF prior to this Meeting, it was suggested they set a Special Meeting . Lorraine Moynihan Schmitt advised Mr . Matteson that the Town Board will need to approve roadways and infrastructure prior to a Preliminary Plat review . Also, an updated / modified SWPP will need to be done. Nancy Loncto made a motion to set a Special Meeting the consideration of the presentation of the Subdivision Application for the purpose of declaring Lead Agency for The Lansing Commons Major Subdivision on Tuesday, October 12, 2010 at 5 :00 PM. Thomas Ellis seconded . VOTE AS FOLLOWS : • Thomas Ellis — Aye David Hatfield - Aye Nancy Loncto — Aye 10 APPROVED • Richard Prybyl - Aye Larry Sharpsteen - Aye Lin Davidson - Aye MOTION CARRIED . Approval /Denial of Minutes for: July 12, 2010, September 13, 2010, & September 27, 2010 July 12, 2010 Thomas Ellis made a motion to approve the July 12, 2010 as amended at the September 27, 2010 Meeting. Rick Prybyl seconded . Thomas Ellis made a motion to approve the Minutes as amended . Richard Prybyl seconded . VOTE AS FOLLOWS : Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto - Abstained Richard Prybyl - Aye Larry Sharpsteen - Abstained • Lin Davidson - Aye MOTION CARRIED . September 13, 2010 Thomas Ellis requested on page 2 under Lansing Commons, 2nd paragraph the word should read : prohibitive . Thomas Ellis made a motion to approve as amended . Richard Prybyl seconded . VOTE AS FOLLOWS : Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto - Abstained Richard Prybyl - Aye Larry Sharpsteen - Abstained Lin Davidson - Aye MOTION CARRIED . September 27, 2010 Some Members did not pick up the Minutes for September 27, 2010 therefore, the • Chairman requested this item be placed on the Agenda for October 12, 2010 . 11 APPROVED • Town Board Liaison' s Position Robert Cree advised the Planning Board Members that he was contacted by the Town Attorney, Guy Krogh with respect that his actions as a Town Board Liaison within the Planning Board Meetings . Mr . Cree was advised that he should not be sitting at the table, making corrections to Minutes or asking questions . Mr . Cree should only speak when directly asked a question . Lorraine Moynihan Schmitt indicated she does not believe Mr . Cree's role as Liaison was clearly delineated for him when he took on the role as Liaison. Larry Sharpsteen stated for the record, " that's bullshit " . Mr . Sharpsteen has been on the Board for 26 years and any time the Planning Board has had a Town Board Liaison that came to the Meeting, they have always sat at the table . David Hatfield stated for the first 5 years of his term on the Planning Board, the Town Board Liaison played a heavy role in the Meetings . Thomas Ellis suggested that the Chairman welcome, introduce and inform the Public of the capacity and roles played by the various individuals at the Planning Board table . • Larry Sharpsteen made a motion requesting that the Planning Board invite Robert Cree, as his role of Town Board Liaison to sit at the Planning Table just like all other Town Board Liaisons have for the last 26 years . Richard Prybyl seconded . VOTE AS FOLLOWS : Thomas Ellis — Aye David Hatfield - Aye Nancy Loncto — Aye Richard Prybyl - Aye Larry Sharpsteen - Aye Lin Davidson - Aye MOTION CARRIED . Thomas Ellis made a motion to adjourn the Meeting at 9 :04 PM . Lin Davidson seconded . VOTE AS FOLLOWS : Thomas Ellis — Aye David Hatfield - Aye Nancy Loncto — Aye Richard Prybyl - Aye • Larry Sharpsteen - Aye Lin Davidson - Aye 12 • APPROVED • MOTION CARRIED . Ir 13 LANSING t TO1N o f GR Home of Industry, Agriculture and Scenic Beauty " -1`• \ ZONING, PLANNING AND CODE ENFORCEMENT +ic� A Box' 186 • . i Lansing;ANY 14882. ` a \NI II • 4 . . - .. . . - Phone: 533=7054 ` • E-mail: tolcodes@twcny.rr.com - - ' - Web: www.Townofl;ansing.com : 4 - 1 • Town of Lansing Planning Board Meeting • • . October 6; 2010 9: 15PM : L • ansing Town Hall Large Court Rrri.: . http ://www.lansingtown. com / - Ageiidá . , ,_ Amended - _ . •• - - • ,, c , ‘, ._ , , . , 4 . . , t y . , .. . - . , ,. Tithe:, Agenda Topics . . 7 : 15 P.M. Public Comments/Concerns - , . 7 : 20 P1VI . • ,Public Hearing- .Preliminary, Plat Approval for_ Woodland Park •Planned DevelopmentArea, Tax Parcel # 41 .-2--5 Review of Preliminary Plat ofRevised Lansing Commons , PDA, Cayuga Vista Drive, Tax Parcel # 37. 1 -2-53 . 222 . • Approvals/Denial Minutes• of: July 12 , 2010', September 13 , 2010 .1. • r _ " & September; 27 , 2010 • Any Other :Business Deemed :Necessary .. 41 , :, . 1 , 1- r6.' .. r. , - ; ` .. ....4: ' , ‘., ,, r .., . , : . : ,.. ,‘ :, ..,:j„,.: ‘, . : (i " - • • _ . - - ` .t - _ — • • ' ' .. . -