HomeMy WebLinkAbout2011-04-11 APPROVED
Town of Lansing
Monday, April 11, 2011 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
Barry Putnam
Cathy Putnam
General Business
Lin Davidson called the Planning Board Meeting to order at 7:15 PM. Mr. Davidson
requested to know if there was anyone from the Public that wished to speak with
concerns other then what was on the Agenda. There were none.
Eastlake Covenants
Thomas Ellis inquired if we had received anything from Legal Counsel with regards to
the covenants being either updated or relinquished at Eastlake as their sunset clause is
coming to an end soon. Ms. Jacobsen advised a letter was sent to the Agent and
Developer with respect to the withdrawing their Applications, there was no mention of
covenants updating or relinquishing in their letters.
May 9th Presentation
Jeff Overstrom advised the Members that at our May 9th Meeting, a presentation will be
given by a company that has an interest in providing community wide boilers.
Approval/Denial PB Minutes of: March 28, 2011
Thomas Ellis requested the following corrections;
Page: 5,first sentence, garage should read: garbage
Page: 7, under Cayuga Farms, sentence 2 the word farther should read: further, also the
email from Tim Buhl to Jeff Overstrom with respect to the "temporary modular system"
should be inserted into the minutes.
Page: 8, under Other, first sentence the word instill should read: install
1
APPROVED
Nancy Loncto made a motion to approve the Minutes as amended. Richard Prybyl
seconded.
VOTE IS:
Thomas Ellis - Aye
Nancy Loncto -Aye
Richard Prybyl-Aye
Lin Davidson- Aye
MOTION CARRIED.
*7:25 PM: Larry Sharpsteen arrived.
Keeping track of Records w/conditions
Nancy Loncto inquired as to the policy the Planning Office has with respect to tracking
conditions of Planning Board matters. Jeff Overstrom advised Ms. Loncto that between
the copies of Minutes kept in the file and an action sheet, conditions are well monitored.
Public Hearing(s) - SEQR Review & Application, Minor Subdivision (2
Flag, 1 Regular), Applicant: Putnam, Barry & Cathy, Ridge Road, Tax
Parcel # 12.-1-17.2
Mr. & Mrs. Putnam appeared before the Planning Board requesting approval to
subdivide their property creating two flag lots and one regular lot. The Putnams'
would like to build a home for themselves and sell one parcel to their Son for an
additional home. The large back lot will remain forest. A 60' right of way will be
provided to the back lot until such time when a Town Road can/ or will be built. The
Zoning Board of Appeals granted approval for the driveways to be over 500' at their
Meeting of February 15, 2011.
February 16,2011
Barry&Cathy Putnam
25 Murfield Drive
Ithaca,New York 14850
Re: Approval of Variance request,Tax Parcel No. 12.-1-17.2,Ridge Road,Lansing,NY 14882.
Dear Mr. &Mrs. Putnam,
On February 15,2011 the Town of Lansing Zoning Board of Appeals discussed your appeal and arrived
at a final decision for your Area Variance request.
2
APPROVED
The Zoning Board's decision was to approve your request to allow for the driveway(s) to be over 500' in
length.
Feel free to contact this office with any questions concerning this issue.
Chairman Lin Davidson acknowledged the Legal Notice Published in The Ithaca
Journal with regards to the above Public Hearing(s).
Thomas Ellis made a motion to open the SEQR Public Hearing at 7:28 PM. Richard
Prybyl seconded.
VOTE IS:
Thomas Ellis - Aye
Nancy Loncto -Aye
Richard Prybyl - Aye
Larry Sharpsteen- Aye
Lin Davidson- Aye
MOTION CARRIED.
There were no public comments.
Thomas Ellis made a motion to close the Public Hearing at 7:34 PM. Richard Prybyl seconded.
VOTE IS:
Thomas Ellis - Aye
Nancy Loncto -Aye
Richard Prybyl - Aye
Larry Sharpsteen- Aye
Lin Davidson- Aye
MOTION CARRIED.
The Planning Board reviewed Part I of the Short Environmental Assessment Form
completed by the Applicant and completed Part II by the Planning Board Members. No
significant adverse environmental impacts or effects were identified in Part II by the
Planning Board Members.
Nancy Loncto offered the following Resolution;
RESOLUTION No. 11-30
RESOLUTION OF THE TOWN OF LANSING PLANNING BOARD
ISSUING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE
RESPECTING THE STATE ENVIRONMENTAL QUALITY REVIEW ("SEQR") OF
THE PUTNAM MINOR SUBDIVISION
3
APPROVED
WHEREAS, after submission thereof, the Lansing Planning Board, on April 11, 2011,
reviewed a Subdivision Application submitted by Applicants Barry Putnam and Cathy
Putnam, for a minor three lot residential subdivision with two flag lots of certain land,
located at the intersection of Ridge Road and County Route 156, Lansing, New York
and otherwise known as Tax Map Parcel #12.1.17.2 in the RA District; and
WHEREAS, the proposed subdivision contains two proposed flag lots, Lot #1 with 60
feet of road frontage and Lot #3 with 40 feet of road frontage onto Ridge Road in the
Town of Lansing, and is in compliance with the Town of Lansing Subdivision Rules
and Regulations and Land Use Ordinance requiring Flag Lots in the RA District to be at
least 30 feet in length where there are no sewers and no planned sewers in the area (See,
Land Use Ordinance Schedule II and Subdivision Rules and Regulations Local Law #2
of 2008, Section 606 (C); and
WHEREAS, both flag lot driveways are in excess of 500 feet in contravention to Town
of Lansing Subdivision Rules and Regulations Local Law #2 of 2008, Section 606 (E) of
the Lansing land Use Ordinance, such that an appeal for an area variance would be
required by the Town of Lansing Zoning Board of Appeals (ZBA) ; and
WHEREAS, the Applicants duly appealed to the Town of Lansing ZBA for the
aforementioned area variance permitting driveways upon the flag lots in excess of 500
feet, and was granted the aforementioned variance by the Town of Lansing ZBA on
February 15, 2011 thereby permitting the Flag Lots # 1 and #3 to have driveways
exceeding 500 feet in length; and
WHEREAS, Pursuant to Subdivision Rules and Regulations Local Law #2 of 2008,
Section 606 (F), all Flag Lots must undergo Site Plan Review and are subject to a Public
Hearing thereon which was duly noticed and held on Aril 11, 2011, and
WHEREAS, the Applicant has submitted a Short Form Environmental Assessment
Form (EAF) for the State Environmental Quality Review (SEQR) of the proposed
Putnam, a minor Subdivision, said review to be Uncoordinated Review without
declaration of Lead Agency; and
WHEREAS, the requisite General Municipal Law 239 Referrals of Article 12-8 referrals
were duly effected by the by the Town of Lansing Planning Department, and
WHEREAS, by correspondence, dated March 8, 2011, the Tompkins County Planning
Department stated that it had reviewed the Application and determined that the
proposal, as submitted, has no negative inter-community, or county-wide impacts; 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 ("SEQRA"), of the proposed subdivision preliminary plat
4
APPROVED
application at Lansing Town Hall at 29 Auburn Road, Lansing, New York 14882 on
April 11, 2011, and all citizens were given an opportunity to voice any concerns
respecting the environmental review and given a full opportunity to be heard thereon;
and
WHEREAS, on April 11, 2011, the Town of Lansing Planning Board, in performing its
reviewing Agency function in conducting an environmental review in accordance with
Article 8 of the New York State Environmental Conservation Law - the State
Environmental Quality Review Act ("SEQR"), (i) pursued its thorough review of the
applicant's completed Short Form 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, on the record, the EAF, Part II on the
record (and reviewed and completed, if necessary, Part III of the EAF);
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 review and 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 SEQRA for the above referenced proposed
action, and determines that an Environmental Impact Statement will not be required,
and it is
Dated: April 11, 2011
Thomas Ellis seconded.
VOTE IS:
Thomas Ellis - Aye
Nancy Loncto -Aye
Richard Prybyl - Aye
Larry Sharpsteen - Aye
Lin Davidson - Abstained
MOTION CARRIED.
5
APPROVED
Larry Sharpsteen made a motion to open the Public Hearing at 7:41 PM on the overall
Application. Richard Prybyl seconded.
VOTE IS:
Thomas Ellis - Aye
Nancy Loncto -Aye
Richard Prybyl - Aye
Larry Sharpsteen- Aye
Lin Davidson- Aye
MOTION CARRIED.
No Public comments
The Tompkins County Planning offered the following reply;
Re: Review Pursuant to§239-I,-in and-n of the New York State General Municipal Law
Action: Subdivision of three lots abutting NYS 34,Tax Parcel No.12:1-17.2,
Barry&Cathy Putnam,Owner/Applicant.
Dear Ms.Jacobson:
This letter acknowledges your referral of the proposal identified above for review and comment by the
Tompkins County Planning Department pursuant to§239-I,-in and—n of the New York State General
Municipal Law.The Department has reviewed the proposal,as submitted,and has determined that it has no
negative inter-community,or county-wide impacts.
Please inform us of your decision so that we can make it a part of the record.
Sincerely.
Edward C.Marx,AICP
Commissioner of Planning
and Community Sustainability
Nancy Loncto made a motion to close the Public Hearing on the overall Application at
7:43 PM. Larry Sharpsteen seconded.
VOTE IS:
Thomas Ellis - Aye
Nancy Loncto -Aye
Richard Prybyl - Aye
Larry Sharpsteen- Aye
6
APPROVED
Lin Davidson - Aye
MOTION CARRIED.
Having opened and closed both Public Hearing(s) with no Public comments, Nancy
Loncto offered the following Resolution;
RESOLUTION No. 11-33
RESOLUTION OF THE LANSING PLANNING BOARD APPROVING
THE PUTNAM SUBDIVISION, A THREE LOT MINOR SUBDIVISION
CONTAINING TWO FLAG LOTS
WHEREAS, after submission thereof, the Lansing Planning Board, on April 11, 2011,
reviewed a Subdivision Application submitted by Applicants Barry Putnam and Cathy
Putnam, for a minor three lot residential subdivision with two flag lots, of certain land
located at the intersection of Ridge Road and County Route 156, Lansing, New York
and otherwise known as Tax Map Parcel #12.1.17.2 in the RA District; and
WHEREAS, the proposed subdivision contains two proposed flag lots, Lot #1 with 60
feet of road frontage and Lot #3 with 40 feet of road frontage onto Ridge Road in the
Town of Lansing, and is in compliance with the Town of Lansing Subdivision Rules
And Regulations and Land Use Ordinance requiring Flag Lots in the RA District to be
at least 30 feet in width where there are no sewers and no planned sewers in the area
(See, Land Use Ordinance Schedule II and Subdivision Rules and Regulations Local
Law #2 of 2008, Section 606 (C); and
WHEREAS, both flag lot driveways are in excess of 500 feet in length in contravention
to Town of Lansing Subdivision Rules and Regulations Local Law #2 of 2008, Section
606 (E) of the Lansing land Use Ordinance, such that an appeal for an area variance
would be required by the Town of Lansing Zoning Board of Appeals (ZBA) ; and
WHEREAS, the Applicants duly appealed to the Town of Lansing ZBA for the
aforementioned area variance permitting driveways upon the flag lots in excess of 500
feet, and was granted the aforementioned variance by the Town of Lansing ZBA on
February 15, 2011 thereby permitting the Flag Lots # 1 and #3 to have driveways
exceeding 500 feet in length; and
WHEREAS, the requisite General Municipal Law 239 Referrals of Article 12-8 were
duly effected by the Town of Lansing Planning Department and, by correspondence
dated March 8, 2011, the Tompkins County Planning Department Stated that it had
reviewed the Application and determined that the proposal, as submitted, has no
negative inter-community, or county-wide impacts; and
7
APPROVED
WHEREAS, Pursuant to Subdivision Rules and Regulations Local Law #2 of 2008,
Section 606 (F), all Flag Lots must undergo Site Plan Review and are subject to a Public
Hearing thereon, which was duly noticed and held on April 11, 2011, and
WHEREAS, on April 11, 2011, the Planning Board underwent site plan review of the
proposed minor three lot subdivision with two flag lots, 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, the Planning Board has considered and carefully reviewed the
requirements of the Town's Laws relative to subdivisions 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 Subdivision, and
the Town has also considered the Town's Comprehensive Plan and compliance
therewith; and
WHEREAS, the subject parcel is a minor subdivision and this is an Unlisted Action under the
State Environmental Quality Review Act which requires environmental review; and
WHEREAS, a public hearing concerning the environmental review was held on April 11, 2011
at the Lansing Town Hall at 29 Auburn Road, Lansing,New York 14882 and notice, posting and
publication of the aforementioned public hearing was posted and published at least 14 days in
advance of the opening of said hearing as required by law; and
WHEREAS, on April 11, 2011, this Board, acting in Uncoordinated SEQR environmental
review without Lead Agency, reviewed and accepted as adequate a Short Environmental
Assessment Form(EAF) Part 1, submitted by the Applicant, and completed Part II and, if
applicable, Part III, on the record; and
8
APPROVED
WHEREAS,by Resolution adopted on April 11, 2011, the Town of Lansing Planning Board
determined that,pursuant to the provisions of the State Environmental Quality Review Act, the
proposed subdivision will result in no significant impact on the environment and has issued a
Negative Declaration of environmental significance for purposes of Article 8 of the
Environmental Conservation Law; and
WHEREAS, on April 11, 2011, a public hearing was held at the Lansing Town Hall at 29
Auburn Road, Lansing,New York 14882 and notice, posting and publication of the
aforementioned hearing was posted and published at least ten (10) days in advance of the
opening of said public hearing as required by law; and
NOW,THEREFORE, BE IT RESOLVED AS FOLLOWS:
RESOLVED: that the Town of Lansing Planning Board grant Approval of the Putnam
Subdivision, an Application for a minor three lot residential minor subdivision of
certain land located at the intersection of Ridge Road and County Route 156, Lansing,
New York and otherwise known as Tax Map Parcel #12.1.17.2 in the RA District.
Dated: April 11, 2011
Larry Sharpsteen seconded.
VOTE IS:
Thomas Ellis - Aye
Nancy Loncto -Aye
Richard Prybyl - Aye
Larry Sharpsteen-Aye
Lin Davidson-Abstained
MOTION CARRIED.
Upcoming Meeting/Training on Trails
Thomas Ellis again voiced his dislikes with the way the Town is placing this request on
Developers without having something legal in writing from the Town. Larry
Sharpsteen agreed too with Thomas Ellis.
9
APPROVED
Jeff Overstrom states the Trails Committee presented to him with a document and
requested that he provide each Developer with it. Due to language discrepancies that
Mr. Overstrom is working on correcting, he has not provided this material to any
Developer. The Planning Board Members requested that Mr. Overstrom run his
amended copy by their Board prior to it being distributed to the public.
Richard Prybyl believes it is to the Town's benefit to have something in writing to
provide to Developers ahead of time.
Larry Sharpsteen requested for the records that it be known that for the last 28 years,
The Planning Board for the safety and health of the public has tried to get a reasonable
pattern on paper with respect to paper roads with little or no success, and magically all
of a sudden the Town has a map of Trails. These trails could be an incredible liability to
the Town.
Larry Sharpsteen made a motion to adjourn the Meeting. Richard Prybyl seconded.
VOTE IS:
Thomas Ellis - Aye
Nancy Loncto - Aye
Richard Prybyl - Aye
Larry Sharpsteen - Aye
Lin Davidson - Aye
MOTION CARRIED.
10