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HomeMy WebLinkAbout2010-11-22 ® ® APPROVED Town of La sin g Monday, November 22, 2010 7:15 PM PLANNING BOARD PLANNING BOARD MEMBERS ('Denotes present) * Nancy Loncto * Tom Ellis * Larry Sharpsteen * Lin Davidson, Chairman Viola Miller * David Hatfield • * Richard Prybyl Jeffrey Overstrom, EIT * Lorraine Moynihan Schmitt, Esq . Robert Cree, TB Liaison Public Present Andy Sciarabba Ron Seacord Ruth Hopkins Chris Vann • Maureen Cowen Wayne Matteson, P.E . George Breuhaus Roger Van De Poel • Edward La Vigne General Business Lin Davidson called the Planning Board Meeting to order at 7: 15 PM and introduced the Board to the Public . 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 . Concerns-Cayuga Height Sewer Hook Up : Larry Sharpsteen states it has come to his attention that the contract with Cayuga Heights has a limited: number of allowable hookups overall . However, one of the estimates was for this area allowing fifty (50) hookups . The Village of Cayuga Heights would like something in writing from the Town Board or the Code Enforcement Office so they can respond to the number of hookups that are available to us . Public Hearing owi SEQR- Lansing Commons , Major Subdivision , Cayuga Vista Drive , Tax Parcel # 37 . 1 -2 - 53 .222 Nancy Loncto made a motion to open the SEQR Public Hearing at 7: 20 PM. Thomas Ellis seconded . VOTE AS FOLLOWS : • 1 APPROVED • Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto - Aye Richard Prybyl - Aye Larry Sharpsteen - Aye L in Davidson - Aye MOTION CARRIED . There were no Public comments or concerns with respect to the SEQR. However, Ms . Cowan and Mr . Van De Poel made comments related to the proposed project that the Board and Legal Counsel requested that the Clerk transfer them to the applicable section under Public Comments / Concerns on the Application Public Hearing . Larry Sharpsteen made a motion to close the Public Hearing at 7: 28 PM. Richard Prybyl seconded . VOTE AS FOLLOWS : Thomas Ellis - Aye David Hatfield - Aye • Nancy Loncto - Aye Richard Prybyl - Aye L arry Sharpsteen - Aye L in Davidson - Aye MOTION CARRIED . Lorraine Moynihan Schmitt, Legal Counsel advised all present that the Planning Board has been advised by her to not move forward on the Vote for SEQR as there are several outstanding materials that need to be filed such as; 1 . The Tompkins County Health Department has received the plans, however, to date they have not provided comments with respect to the septic systems . 2 . The SWPPP is being reviewed by David Herrick and comments should be forthcoming . Ms . Moynihan Schmitt feels these comments are critical for the SEQR Review and she is requesting that the Vote be deferred . In addition, Ms . Moynihan Schmitt is recommending that the overall deliberations be deferred • until the vote on the SEQR. Further more she requested that the Public Hearings be opened and closed for the overall project. In addition, the Town 2 APPROVED • Board needs to provide approval of the lay out of roads and infrastructure pursuant to Subdivision Local Law 505 ( 1 ) . Larry Sharpsteen requested that it be noted in the Minutes that it is not the Planning Board 's fault that this is being delayed . Thomas Ellis stated he feels the County 's 239 reply with respect to requesting an updated Traffic Study for this proposal is ridiculous . Mr . Seacord ' s original development plan of the Commercial Park was much larger and a Traffic Study was done at that time . Planning Board Members, the Applicant and his Engineer reviewed portions of Part I of the SEQR and made corrections . Ms . Moynihan Schmitt states she has spoken with Jeff Overstrom in regards to amending some of his responses he put in Part II . Mr . Overstrom has agreed to work with Ms . Moynihan Schmitt with Part II . Public Hearing on Application - Lansing Commons, Major • Subdivision, Cayuga Vista Drive, Tax Parcel # 37.1-2-53 .222 Larry Sharpsteen made a motion to open the Public Hearing at 7 :45 PM . 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. Public Comments/Concerns : Maureen Cowan, Representative from the Lansing Recreational Pathway Committee reiterated what their goals are such as working with the Developers to encourage the establishment of hard pack surfaces for recreational and means of transportation within developments . Recently Ms . Cowan and Ms . Hopkins have spoken with Mr . Seacord with respect to incorporating a pathway within his proposal . The Committee sees this location as a very strategic one due to the • location of the future Town Center, current Library, Playing Field, Churches, Schools etc . Mr . Seacord has agreed to consider a Trail in the eastern edge where the berm is located in his proposal . 3 APPROVED • Roger Van De Poel : States the new proposal is a change for the better . This plan is more in keeping with the neighborhood . Mr . Van De Poel has heard other compliments from his neighbors with respect to the new proposal . In addition, Mr . Van De Poel is very much in favor of the walkways . Larry Sharpsteen made 'a motion to close the Public Hearing at 7:46 PM . 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 . Larry Sharpsteen states with respect to the County' s 239 comments with regards • to an updated Traffic Study, he does not see a need for one . Mr . Sharpsteen states the original proposal had a larger density of population therefore, more traffic . Larry Sharpsteen made a motion to over rule The Tompkins County Planning Departments ' comments with respect to a new Traffic Study and since there is no longer a package plant emptying in to Minnegar Brook, the requirement for the 50 ' set back is excessive . David Hatfield seconded . VOTE AS FOLLOWS : Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto - Aye Richard Prybyl - Aye Larry Sharpsteen - Aye Lin Davidson - Aye MOTION CARRIED. The Board Members felt that until the missing items arrive in the Planning Office and the Town Board approves the road layout, no Meeting date should be set . The Planning Board advised Mr . Seacord that they would be looking at the first • Meeting in January to place the proposal on the Agenda . 4 • • OP APPROVED Set Public Hearing- Woodland Park Planned Development Area Warren Road/Hillcrest Road, Tax Parcel # 41 . -2 -5 The Planning Board discussed setting the Public Hearing for December 13, 2010 at the Planning Department ' s request however, due to the Planning Board Members not seeing a Final Plat they were uncomfortable with setting a date that close . With the upcoming holiday in December, the second meeting date would not work for the Members, therefore, they agreed to the date of January 10, 2011 at 7: 20 PM . Legal Counsel has indicated if the Plans come in sooner, Jeff Overstrom can obtain approval from the Planning Board Chairman to set a Public Hearing date, of course allowing The Ithaca Journal 3 days for publication processing and the required 10 days Neighbor Notification . Approval /Denial Minutes of: October 25 , 2010 David Hatfield made a motion to approve the Minutes as presented . Nancy Loncto seconded . VOTE AS FOLLOWS : Thomas Ellis - Aye D avid Hatfield - Aye N ancy Loncto - Aye Richard Prybyl - Abstained Larry Sharpsteen - Aye Lin Davidson - Aye MOTION CARRIED . Other Business-Training Mr . Davidson suggested scheduling some sort of future training in the New York State "General " Obligations Law as far as trails, hunting, trespassing . Members were in favor of such training . Nancy Loncto made a motion to adjourn the Meeting . Lin Davidson seconded . VOTE AS FOLLOWS : Thomas Ellis - Aye D avid Hatfield - Aye N ancy Loncto - Aye Richard Prybyl - Aye Larry Sharpsteen - Aye Lin Davidson - Aye MOTION CARRIED . • 5 • Town of Lansing Planning Board Meeting November 22, 2010 Visitors Please Sign In Below : (Please Print) Name Address di /4,c_ 4"/ c?ei , te ilA /i`T (1� I (4a,ars . it 1' ,/ 41 , IP / / -ettel ,? 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J. http ://www.1artsingtown.com / ` - - • • Agenda Arendecl • • • Time: Agenda • To ics J p 1 `7 : 15 P.M. Public 'Gomments/Concerns ` io i t 7 : 20 PM , . Public H'earing(s ) on : SEQR & Application Review — • Lansing • Commons , . Major Subdivision; Cayuga-Vista Dri e, Tax Parcel # 3'7 . 1 -1753 . 222 y . Set Public Hearing-Woodland - Park. Planned Development Area,. • Warren Road/Hillcrest Road, Tax ;Parcel # .41 . 72 -'5, . : . Approval /Denial Minutes of October 25 , 2010 ' ' • . . .. ' Any Other Business Deemed Necessary : r , • 144 w. • 11 • .i . • I • , • � 1 • • • IN • • • . • . . di i 1 , - • l n s 1 • 1 44J I - L . ll�\� 1 TOWN of LANSING sk IR tri ® "Home of Industry, Agriculture and Scenic Beauty " 9. ��t � ZONING , PLANNING AND CODE ENFORCEMENT 1 1 Box 186 �1/4Lansing, NY 14882 `` � l 1/4 �I E-mail : tolcodes@twcny . rr . com Town of Lansing Planning Board Meeting November 22, 2010 7: 15 PM Lansing Town Hall - Large Court Rm. http ://www.lansingtown.com / Agenda • Time: Agenda Topics 7 : 15 P.M. Public Comments/Concerns 7 : 20 PM Public Hearing(s ) on SEQR & Application Review — Lansing Commons , Major Subdivision , Cayuga Vista Drive , Tax Parcel # 37 . 1 - 2 - 53 . 222 Set Public Hearing- Woodland Park Planned Development Area, Warren Road/Hillcrest Road, Tax Parcel # 41 . . 2 - 5 Request for Waiver to obtain Building Permit prior to Road Construction - Farm Pond Circle, Collins Road , Tax Parcel # 38 . - 1 - 4 . 122 Approval /Denial Minutes of: October 25 , 2010 Any Other Business Deemed Necessary or) cc4inot ar_ -� . Nomen. berI. 7 ci,o ► v 1111 TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK LOCAL LAW NUMBER 3 OF 2010 APPOINTMENT OF, AND PROCEDURES RELATING TO, ALTERNATE MEMBERS TO THE TOWN OF LANSING PLANNING BOARD AND TOWN OF LANSING ZONING BOARD OF APPEALS BE IT ENACTED by the Town Board of the Town of Lansing as follows : SECTION 1 : AUTHORITY AND SUPERSESSION - This Local Law supersedes any prior Town of Lansing policy, local law, ordinance, or rule that is inconsistent herewith. This Local Law is enacted pursuant to the authority and power granted to the Town of Lansing under and pursuant to § § 267(11) and 271 (15) of the Town Law, § 10 of the Statute of Local Governments, § 10 of the Municipal Home Rule Law, and the New York State Constitution, at Article IX. To the extent inconsistent with said §§ 267(11 ) and 271 (15) of the Town Law, this Local Law is intended to supersede, and does hereby supersede: (i) New York State Town Law § 271 (and other provisions of Article 16 inconsistent herewith) pertaining to Alternate Members of the Planning Board of the Town of Lansing, and the appointment, terms, functions, and powers of such Alternate Members; and (ii) New York State Town Law § 267 (and other provisions of Article 16 inconsistent herewith) pertaining to Alternate Members of the Zoning Board of Appeals • of the Town of Lansing, and the appointment, terms, functions, and powers of such Alternate Members . SECTION 2: PURPOSES - It is sometimes difficult to maintain a quorum on the Planning Board and the Zoning Board of Appeals because members are ill or upon extended vacation, or find they have a conflict of interest situation on a specific matter before such Board . In such instances, full participation by a full Board is impeded, and some times official business cannot be conducted, which may delay or impede adherence to required timelines. The use of Alternate Members in such instances is hereby authorized pursuant to the provisions of this Local Law. The Town Board of the Town of Lansing thus and hereby enacts this Local Law to provide a process for appointing Alternate Members of the Planning Board and Zoning Board of Appeals. These individuals would serve when Members are absent or unable to participate on an application or matter before the respective Board . SECTION 3: TERM, APPOINTMENT AND RE-APPOINTEMENT - Alternate Members of the Planning Board and Zoning Board of Appeals shall be appointed by the Town Board for a term of one year in accordance with this Local Law. Prior to appointment, the Town Board shall refer the name of the proposed Alternate Member, together with any application materials provided by such candidate alternate, to the • Planning Board or the Zoning Board of Appeals, respectively, for review and comment. • No Alternate Member may be appointed to the Planning Board or the Zoning Board of Appeals for more than 7 terms . SECTION 4: DESIGNATION PROCEDURE FOR ALTERNATE MEMBERS - The Chairperson of the Planning Board or the Chairperson of the Zoning Board of Appeals may designate an Alternate Member to substitute for a Member when such Member is unable to participate upon an application or matter before such 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 Minutes of the Meeting at which the substitution is made. SECTION 5: ALTERNATE MEMBER REQUIREMENTS - All provisions of law relating to Planning Board or Zoning Board of Appeals Member eligibility, vacancies in office, removal, compatibility of offices and service on other boards, as well as any provisions of any law or procedure relating to training, continuing education, compensation, and attendance, shall also apply to Alternate Members. SECTION 6: PLANNING BOARD RULES AND REGULATIONS - Consistent with Town Law § 271 (13), the Planning Board shall hereafter, and within 90 days of the effective date of this Local Law, recommend to the Town Board proposed procedural • and allowable substantive rules and regulations relating to matters over which the Planning Board has jurisdiction. Thereafter, and within 90 days of submission thereof, the Town Board shall approve or disapprove of the same, with or without modifications . SECTION 7: PLANNING BOARD AND ZBA CHAIRPERSON DESIGNATIONS - The Planning Board and the Zoning Board of Appeals shall hereafter select from among their own Members (but not from among any Alternate Members) their own Chairpersons and Vice Chairpersons. On or before the date of the annual Organizational Meeting, the Planning Board and the Zoning Board of Appeals shall notify the Town Board as to the identity of their designated respective Chairpersons and Vice Chairpersons . In the event the Planning Board or the Zoning Board of Appeals ever shall fail to so designate a Chairperson or Vice Chairperson, the Town Board shall so appoint such offices after consultation with the respective Board . SECTION 8: SAVINGS - If any part or provision of this Local Law or the application thereof to any person or circumstances is adjudged invalid by any court or tribunal of competent jurisdiction such judgment or determination shall be confined in its operation to the part or provision or application directly involved in the controversy in which said judgment or determination shall haye 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. SECTION 9: EFFECTIVE DATE - This Local Law shall take effect immediately. The Town Clerk is directed to immediately file a copy of this Local Law with the New York State Secretary of State, as required by law. • • r APPROVED • Town of Lansing Monday, October 25, 2010 7: 15 PM PLANNING BOARD PLANNING BOARD MEMBERS (*Denotes present) * Nancy Loncto * Tom Ellis * Larry Sharpsteen Lin Davidson, Chairman Viola Miller * David Hatfield Richard Prybyl * Jeffrey Overstrom, EIT * Lorraine Moynihan Schmitt, Esq. * Robert Cree, TB Liaison Public Present Kurt Kabelac Katherine Sannerud Jason Moore Kay Moore • Andy Sciarabba Paul Southard Dan Veaner Jack Jensen Mica French Ruth Hopkins Maureen Cowen Edward La Vigne Kathy Miller George Breuhaus 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 to the Board with issues other than the Agenda items. There were none. The Chairman identified the Town Board Liaison, Legal Counsel, The Planning & Zoning Coordinator, the Clerk and Board Members. Mr. Chairman further advised the Public that the Town Board Liaison and Legal Counsel do not vote. The Town Board Liaison only part takes in the discussion when asked, and Legal Counsel advises accordingly. Public Hearing on SEOR Review — Lansing Associates Independent Grocery Store, North Triphammer Road, Tax Parcel # P/O 30. - 1 - 16.22 • Larry Sharpsteen made a motion to open the SEQR Public Hearing at 7:20 PM . Thomas Ellis seconded . 1 c • APPROVED • VOTE AS FOLLOWS: Thomas Ellis - Aye David Hatfield - Aye Larry Sharpsteen - Aye Lin Davidson - Aye MOTION CARRIED. There were no Public comments or concerns. Comments/Concerns; Jeffrey Overstrom explained that a SWPPP has been submitted and reviewed by TG Miller's with comments sent back and addressed. Mr. Overstrom states he spoke with the preparer, Scott Gibson and David Herrick today and is confident that all questions and concerns were addressed. *Nancy Loncto arrived at 7:22 PM. Larry Sharpsteen made a motion to close the Public Hearing at 7:23 PM . David Hatfield seconded. • VOTE AS FOLLOWS : Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto I. Aye Larry Sharpsteen - Aye Lin Davidson - Aye MOTION CARRIED. Larry Sharpsteen requested that Mr. Overstrom obtain an email from David Herrick indicating that all his comments have or can be remedied per his conversation with Scott Gibson. Legal Counsel recommended that Larry's concern be listed as a condition on the final 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. David Hatfield made a motion to declare a negative declaration. Larry Sharpsteen seconded . VOTE AS FOLLOWS : 2 • APPROVED • Thomas Ellis — Aye David Hatfield — Aye Nancy Loncto - Aye Larry Sharpsteen - Aye Lin Davidson - Aye MOTION CARRIED. Larry Sharpsteen made a motion to adopt the following Resolution; RESOLUTION No. 10-74 RESOLUTION OF THE TOWN OF LANSING PLANNING BOARD ISSUING NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE RESPECTING SEQR ENVIRONMENTAL REVIEW OF THE LANSING MARKET SITE PLAN WHEREAS , Lansing Associates , ("Applicant") , has submitted for consideration and approval from the Lansing Planning Board of a Site Plan for the proposed Lansing Market, a 14 ,000 sq . ft. independent grocery store to be located on a 3 . 5 +1- acre parcel • located on the Northwest Corner of North Triphammer Road and Town Barn Road, Lansing, New York and otherwise known as P/O Tax Map # 30. - 1 - 16 . 22 within the B2 Zoning District; and WHEREAS , this is an Unlisted Action under the State Environmental Quality Review Act which requires environmental review ; and WHEREAS , the Town of Lansing Planning Board !' has responsibility for approving or carrying out the action pursuant to State Law governing local environmental review ; and WHEREAS , the requisite General Municipal Law 239 Referrals of Article 12-8 and any interested and/or involved agency referrals have been duly effected by the by the Town of Lansing Planning Department, and those agencies have been given the opportunity to comment and any responses have been duly reviewed and considered by the Lansing Planning Board ; and WHEREAS , the Town of Lansing Planning Board duly noticed and opened a public hearing concerning the environmental review, pursuant to the State Environmental Quality Review Act ("SEQR") , of the proposed Lansing Market site plan application at Lansing Town Hall at 29 Auburn Road , Lansing, New York 14882 on October 25 , 2010 and all citizens were given an opportunity to voice any concerns respecting the environmental review and to be heard thereon ; and • WHEREAS , the Town of Lansing Planning Board , in performing its function in conducting an environmental review in accordance with Article 8 of the New York State 3 t APPROVED • Environmental Conservation Law — the State Environmental Quality Review Act ("SEQR") , (i) pursued its thorough review of the applicant' s completed Short Environmental Assessment Form ("EAF") Part I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review , and (ii) thoroughly analyzed the potential relevant areas of environmental concern of the project to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 617 . 7 (c) , and (iii ) reviewed and completed the EAF, Part II on the record and , if necessary, Part III; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS : The Town of Lansing Planning Board , based upon (i) its thorough review of the EAF, Part I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review , (ii) its thorough review of the potential relevant areas of environmental concern of the proposed project to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 617 .7 (c), and (iii) its completion of the EAF, Part II (and , if applicable , Part III) , including the findings noted thereon (which findings are incorporated herein as if set forth at length) , hereby makes a negative determination of environmental significance ("NEGATIVE DECLARATION") in accordance with SEQR for the above referenced proposed action, and determines that an Environmental Impact Statement will not be required , and it is • FURTHER RESOLVED that the Planning Board Clerk deliver and/or file a copy of this Resolution with the following persons and agencies : 1 . The Town Clerk of the Town of Lansing ; 2 . The Town Supervisor of the Town of Lansing; 3 . All Involved and Interested Agencies ; 4 . Any person requesting a copy ; and further, that this Resolution be posted and published in accord with law , including delivery of a copy of this Resolution to the Environmental Notice Bulletin, 625 Broadway, Room 538 , Albany, New York 12233- 1750 in accord with 6 NYCRR 617 . 12 . Dated : October 25 , 2010 Thomas Ellis seconded . VOTE AS FOLLOWS: Thomas Ellis — Aye David Hatfield - Aye • Nancy Loncto - Aye Larry Sharpsteen - Aye 4 APPROVED . . Lin Davidson - Aye MOTION CARRIED. Public Hearing on Application— Lansing Associates Independent Grocery Store, North Triphammer Road, Tax Parcel # P/O 30. - 1 - 16.22 Thomas Ellis made a motion to open the Public Hearing at 7:42 PM. Larry Sharpsteen seconded . VOTE AS FOLLOWS: Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto - Aye Larry Sharpsteen - Aye Lin Davidson - Aye MOTION CARRIED. Public Comments/Concerns • Paul Southard: Requested that the Planning Board we aware of the lighting pollution and attempt to minimize. In addition, the noise produce by large trucks left idling. Larry Sharpsteen advised Mr. Southard that the Truck Regulation is under the jurisdiction of the DEC . Lin Davidson advised Mr. Southard that a Lighting Plan for this project has been submitted and the light impact is minimal. There will be full cut off lights which produce one or less luminaries. Ruth Hopkins: Thanked Mr. Sciarabba for working with the Lansing Recreational Pathway Committee. Ms. Hopkins further stated Mr. Sciarabba is as concerned as the Lansing Recreational Pathway Committee with respect to safe pedestrian access at this intersection. People from the Community have already showed an interest in getting across the highway to this proposed business. David Hatfield made a motion to close the Public Hearing at 7:43 PM . Thomas Ellis seconded . VOTE AS FOLLOWS : IDThomas Ellis - Aye David Hatfield Aye 5 APPROVED • Nancy Loncto - Aye Larry Sharpsteen - Aye Lin Davidson - Aye MOTION CARRIED. Once again, a brief discussion occurred with respect to the Developer showing an allowance on the plans for an access route to the north onto Town Board Road . Mr. Sciarabba indicated there is plenty of room there for him to do that. LarrySharpsteen recommended that we add the following p condition; 1 . Something in writing from T.G . Millers acknowledging that their comments to Mr. Gibson have been addressed satisfactorily. Nancy Loncto requested another condition being; 2 . John Lampman from the Tompkins County Highway Division expand on his email of October 22, 2010 stating he has reviewed the SWPPP and has no problems with it. • Andrew Sciarabba indicated he previously advised Roger Hopkins of the Lansing Recreational Pathway Committee that he would gladly set aside a 10 ' of land for a pathway. Since that conversation, Mr. Sciarabba has pushed the location of his project back. Due to the unknowns at this point, this is a good faith situation at this time. The Board agreed to insert the following; 3. The Developer has agreed to set aside a 10' of land for pedestrian access . It is the Developer's intention to continue to work with the Lansing Recreational Pathway Committee to establish an appropriate pathway for the site. NancyLoncto cto made a motion to accept the following Resolution; RESOLUTION No. 10-77 RESOLUTION OF THE LANSING PLANNING BOARD APPROVING LANSING MARKET SITE PLAN WHEREAS , Lansing Associates , ("Applicant") , has submitted , for consideration and approval from the Lansing Planning Board , a Site Plan for the proposed Lansing Market, a 14,000 sq . ft. independent grocery store to be located on a 3 . 5 +/- acre parcel located on the Northwest Corner of North Triphammer Road and Town Barn Road, Lansing, 6 • APPROVED • New York and otherwise known as P/O Tax Map # 30 . - 1 - 16 . 22 within the B2 Zoning District; and WHEREAS , this action is classified as an Unlisted Action , pursuant to 6 NYCRR Part 617 a seq. of the State Environmental Quality Review Act, which requires environmental review of the impacts of the project; and WHEREAS , the Interested and Involved Agencies were duly notified of the project, and invited to comment thereon ; and the requisite General Municipal Law 239 Referral (s) of GML Article 12-B were duly effected by Town of Lansing Planning Department and any comments received from the Tompkins County Planning Department and any Involved/Interested Agencies were duly reviewed and considered by the Planning Board ; and • WHEREAS , at the Lansing Planning Board Meetings , held on September 27 , 2010 and October, 25 , 2010 at the Lansing Town Hall , the Planning Board reviewed the overall Lansing Market Site Plan ; and WHEREAS , at the September 27 , 2010 Planning Board Meeting, the Planning Board requested the following prior to final site plan approval : 1 . Lighting Plan ; 2 . Fire Department Review ; 3 . Comment from Tompkins Highway Division ; 4 . Stormwater Pollution Prevention Plan (SWPPP) ; and • 7 APPROVED • WHEREAS, the Applicant has provided , and the Planning Board has reviewed , comments form the Fire Department; Tompkins Highway Department; the Applicant' s Stormwater Pollution Prevention Plan (SWPPP) and comments from the Town Engineer, T. G . Miller, P .C . respecting the Applicant' s proposed SWPPP, and the responding comments of the Applicant' s Engineer, Scott D . Gibson, regarding the SWPPP; and a proposed Lighting Plan was submitted to the Planning Board on October 25 , 2010, and reviewed by the Planning Board on that date ; and WHEREAS , on October 25 , 2010 , the Planning Board, acting on a uncoordinated environmental review, reviewed and accepted, as adequate, a short form Environmental Assessment Form ( BAF") Part I, submitted by the Applicant; and the Lansing Planning • Board completed Part II on the record (and, if applicable, Part III of the LEAF) ; and WHEREAS , by motion adopted October 25 , 2010, the Town of Lansing Planning Board determined that, pursuant to the provisions of the State Environmental Quality Review Act, the proposed site plan will result in no significant impact on the environment and issued a Negative Declaration of environmental significance for purposes of Article 8 of the Environmental Conservation Law ; and WHEREAS , on September 27 , 2010 and October 25 , 2010, the Planning Board duly considered and carefully reviewed the Applicant' s 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 proposal , in conjunction with the standards of review set forth at Section 701 .4 et seq. of 8 • APPROVED • 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 and Comprehensive Plan, and has determined compliance therewith in conjunction with said Site Plan Application and Review ; and WHEREAS , the Town of Lansing Planning Board duly noticed and opened a public hearing concerning the Site plan review of the proposed Lansing Market site plan application at Lansing Town Hall at 29 Auburn Road, Lansing, New York 14882 on October 25 , 2010 and all citizens were given an opportunity to voice any concerns respecting the proposed site plan and to be heard thereon ; and WHEREAS , upon due consideration and deliberation by the Town of Lansing Planning Board, now therefore be it RESOLVED : that the Town of Lansing Planning Board grant Final Site Plan Approval to the Applicant for the Lansing Market, a proposed . 14,000 sq . ft. independent grocery store site to be located on a 3 . 5 +/- acre parcel located on the Northwest Corner of North Triphammer Road and Town Barn Road, Lansing, New York and otherwise known as P/O Tax Map # 30. - 1 - 16 . 22 within the B2 Zoning District subject the following • conditions : 1 . The Town Engineer, Dave Herrick/ TG Miller P. C . , shall review the SWPPP correspondence of the Applicant' s Engineer, Scott D . Gibson , to Jeff Overstrom , Town Planning and Engineering Coordinator, dated October 22, 2010, and Mr. Herrick shall provide a responsive memorandum affirming that the original SWPPP concerns/deficiencies noted by Town Engineer, David Herrick, in his initial review of the SWPPP, have been addressed and/or remedied to the Town Engineer' s satisfaction ; 2 . The County Highway Department shall provide a memo to the Planning Department file confirming that it has reviewed the Applicant' s SWPPP and has no comment thereon ; 3 . The Applicant shall set aside a 10 foot strip of land for pedestrian access and shall continue to work with the Lansing Recreational Pathway Committee to provide appropriate pathways upon the site. October 25 , 2010 Larry Sharpsteen seconded . VOTE AS FOLLOWS: Thomas Ellis Aye David Hatfield - Aye 9