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HomeMy WebLinkAbout2011-07-11 APPROVED Town of Lansing Monday,July 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 Andy Sciarabba Erik&Karen Hewitt Roger&Ruth Hopkins Glynis Hart Stacy Wilder John Whitehead Maureen Cowen General Business Lin Davidson called the Planning Board Meeting to order at 7:20 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. Approval/Denial of Minutes for: June 13, 2011 &June 27, 2011 Thomas Ellis made a motion to approve the Minutes of June 13, 2011 as presented. Larry Sharpsteen seconded. VOTE IS: Thomas Ellis - Aye David Hatfield-Aye Nancy Loncto - Aye Larry Sharpsteen-Aye Lin Davidson-Aye MOTION CARRIED. 1 APPROVED Thomas Ellis made a motion to approve the Minutes of June 27, 2011 as presented. David Hatfield seconded. VOTE IS: Thomas Ellis - Aye David Hatfield-Aye Nancy Loncto - Aye Richard Prybyl -Aye Larry Sharpsteen-Aye Lin Davidson-Aye MOTION CARRIED. Site Plan & SEQR Review, Mini Storage Units and Monthly Flea Market, Applicant: Erik Hewitt, 308 Peruville Road, Tax # 30.-1-26.27 Erik Hewitt appeared before the Planning Board requesting approval to expand his existing "Barn House Antiques" business to include a self storage building (20 units) and a pavilion for a once a month flea market. Lin Davidson inquired where the fence would be located. Mr. Hewitt explained that the fence would extend from the pavilion to the end of the storage unit. The Tompkins County Planning Office offered the following concerns; Re: Review Pursuant to§239-I and-m of the New York State General Municipal Law Action: Site Plan Review for Proposed Self Storage Units&Monthly Flea Market, Tax Parcel No.30.-1-26.27,RA Zoning District; Erik Hewitt,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§239-1 and-m of the New York State General Municipal Law.The Department has reviewed the proposal,as submitted,and has determined that it may have negative inter-community,or county-wide impacts as described below.We recommend modification of the proposal.If the Board does not incorporate these recommendations into its approval,such approval will require a vote of a supermajority(meaning a majority plus one)of all members of the decision-making body. The Department offers the following recommendation under General Municipal Law§239-1 and—m: • The site plan should indicate the location in which parking will be allowed.Additionally,the plan should clarify how vehicles will enter and exit the site,particularly on days when flea markets are held. Please inform us of your decision so that we can make it a part of the record. Thomas Ellis inquired if the driveway was originally approved as a commercial drive. Mr. Hewitt advised yes. Nancy Loncto requested that some ornamental grasses be planted in front of the fence as used as a buffer. 2 APPROVED Jeff Overstrom stated two different neighbors have come into the Planning Office and voiced their concerns with buffering and lighting. Mr. Overstrom stated there is a hedge row around the property and no additional lighting will need to be erected. Thomas Ellis made a motion to waive the Public Hearing on the SEQR. David Hatfield seconded. VOTE IS: Thomas Ellis - Aye David Hatfield - 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. It was noted for the record, C4 & C5 (this is basically putting an existing activity under cover) Thomas Ellis offered the following Resolution; RESOLUTION No. 11-55 RESOLUTION OF THE TOWN OF LANSING PLANNING BOARD ISSUING NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE RESPECTING SEQR ENVIRONMENTAL REVIEW OF THE ERIK HEWITT "BARN HOUSE STORAGE AND FLEA MARKET" MINI SELF-STORAGE AND FLEA MARKET SITE PLAN WHEREAS, Erik Hewitt ("Applicant"), has submitted, for consideration and approval from the Lansing Planning Board, a Site Plan for the proposed Mini Self-Storage of 20 storage units and a monthly seasonal pavilion flea market located at 308 Peruville Road, Lansing, New York, Tax Map Parcel# 30.1-26.22, within the RA Zoning District; and WHEREAS the application is an expansion of an existing "Barn House Antiques" retail antique shop business already located on the site; and 3 APPROVED 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 determined to waive a public hearing concerning the environmental review, pursuant to the State Environmental Quality Review Act ("SEQR"), of the proposed site plan application ; and WHEREAS, on July 11, 2011, 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 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, if a Type I action, 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 APPROVED 4. Any person requesting a copy; and further, if a Type I Action, 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: July 11, 2011 Larry Sharpsteen seconded. VOTE IS: Thomas Ellis - Aye David Hatfield-Aye Nancy Loncto - Aye Richard Prybyl -Aye Larry Sharpsteen-Aye Lin Davidson-Aye MOTION CARRIED. Larry Sharpsteen made a motion stating that the Board has acknowledged the Tompkins County Planning Departments comments and have determined them not pertinent as it is difficult to paint grass. Nancy Loncto seconded. VOTE IS: Thomas Ellis - Aye David Hatfield-Aye Nancy Loncto - Aye Richard Prybyl -Aye Larry Sharpsteen-Aye Lin Davidson-Aye MOTION CARRIED BY SUPERMAJORITY FOR THE RECORD. Larry Sharpsteen made a motion to set a Public Hearing on the overall Application for Site Plan for Monday,July 25, 2011 at 7:55 PM. Thomas Ellis seconded. VOTE IS: Thomas Ellis - Aye David Hatfield-Aye Nancy Loncto - Aye Richard Prybyl -Aye Larry Sharpsteen-Aye Lin Davidson-Aye 5 APPROVED MOTION CARRIED. Site Plan Review, Preschool Program, Applicant: Stacy Wilder, 2049 East Shore Drive (East Shore Christian Fellowship) Tax Parcel # 37.1-2-46 Stacy Wilder appeared before the Board for Site Plan Review. Ms. Wilder would like lease space at the existing East Shore Christian Fellowship to open a preschool program. The program days will mirror the School Districts calendar with hours being 9:00 AM to 12:00 PM. The program will have a total of 18 Children, ages 3-5 yrs, 2 Teachers, College Student Interns and additional parent volunteers. There will be no transportation provided to the children. The existing sign will be modified to reflect this new business. Larry Sharpsteen offered the following Resolution; RESOLUTION No. 11-58 RESOLUTION OF THE LANSING PLANNING BOARD APPROVING THE EAST SHORE CHRISTIAN FELLOWSHIP NURSERY SCHOOL/PRE-SCHOOL SITE PLAN WHEREAS, Stacy Wilder, representative for the East Shore Christian Fellowship ("Applicant"), has submitted, for consideration and approval from the Lansing Planning Board, a Site Plan for the proposed Nursery School/Pre-School Site Plan to be located at the property owned by the East Shore Christian and located at 2049 East Shore Drive, Lansing, New York, Tax Map Parcel No. 37.1-2-46, within the B1 Zoning District; and WHEREAS,the application is an expansion of an existing church already located on the site and will be located in an existing annex building behind the church structure, said building currently being used as an office and meeting facility for the church; and WHEREAS, the proposal seeks approval of a nursery school/pre-school program Monday — Friday 9:00 a.m. to 12:00 p.m. for up to 18 children ages 3 — 5, in accordance with the definitions of a nursery school at A.84 of the Town of Lansing Land Use Ordinance ; and WHEREAS, in accordance with the Town of Lansing Land Use Ordinance, Section 503 Schedule I, Section (C) (10), nursery schools in the B1 district are subject to Special Conditions, SC 802.5, requiring Site Plan review and compliance with all applicable New York State regulations for operation of a nursery school; and WHEREAS,because the site plan utilizes an existing structure and existing parking, this action is classified as an Type II,pursuant to 6 NYCRR Part 617 et seq. of the State Environmental 6 APPROVED Quality Review Act, which does not requires environmental review of the impacts of the project; and WHEREAS, the requisite General Municipal Law 239 Referral(s) of GML Article 12-B to the Tompkins County Department of Planning were duly effected by Town of Lansing Planning Department and, by correspondence, dated June 29, 2011,the Town of Lansing Planning Department found no negative inter-community, or county wide impacts ; and WHEREAS, at the Lansing Planning Board Meeting, held on July 11, 2011 at the Lansing Town Hall, the Planning Board waived a public hearing on the Site Plan; and WHEREAS, on July 11, 2011, 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 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, 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 proposed Nursery School/ Pre-School Site Plan, to be located at the property owned by the East Shore Christian Fellowship, and located at 2049 East Shore Drive, Lansing, New York, Tax Map Parcel No. 37.1-2-46, within the B1 Zoning District, subject to the following Special Condition 802.5(b). 1. The Applicant must be in compliance with all applicable New York State regulations for operation of a nursery school. 7 APPROVED July 11, 2011 Richard Prybyl seconded. VOTE IS: Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto - Aye Richard Prybyl - Aye Larry Sharpsteen - Aye Lin Davidson- Aye MOTION CARRIED. Review of Lansing Pathways Resolution 10-134 (Notice to Applicants/Developers re: Regulations for Recreational Pathways Jeff Overstrom presented the Members with his marked up copy of the Pathway Resolution. Mr. Overstrom states he was provided with the original document and other related material to attach to all Development Applications. This document has been shared with Ms. Moynihan Schmitt and other Town Board Members and there are concerns with it, how it fits in with our Land Use Ordinance, and does this change our Land Use Ordinance. Nancy Loncto has requested that we obtain something in writing from the PB's Legal Counsel with respect to where she sees this document belonging as well as any changes she feels may be applicable. Also, Ms. Loncto would like the other documents, such as the maps and an educational one page memo on liability issues distributed to all the Planning Board Members. It was the consensus of the Board that if this document with changes is to be incorporated into the planning phase, then the Land Use Ordinance under Site Plan Review must be changed. Along with that change, numerous other zoning changes that have been on the back burner shall be changed at the same time. 8 APPROVED Notice about Town of Lansing Pathways Resolution 10-134 To: All persons seeking Land use permits such as a PDA,a site plan.a special permit or approval of a subdivision of any size from the Town of Lansing Re Town of Lansing Resolution 10-134•.y*,,t,-tip- , Recognises_E 5_ ur_ he sec r__ r..ata.t rat rr pt for recreational pathways '- a..taion rat II pt Requirements_ All persons seeking to initiate a land-use change in the Town of Lansing(for example,by submitting a PDA.a site plan.a special permit.a a proposal for a subdivision of any size)recueit o consider to +age:Da plan showing consideration of easements for connection(s)to existing or ,_--{w.ra.r tq+tda proposed Lansing pathways and 2)easements for pathway(s)through the proposed development. I To develop these plans said iitere>ted persons must contact the Lansing Recreational Pathway Committee by sending an email to the committee at Lanssine-pathwaysa_vahoogroups.com.or by callme Maureen Cowen at 257-6332 or Ruth Hopkme at257-9778.The committee will respond in a I timely manner and arrange a meeting to identify EV,U.n,V pathway placement The LRPC will walk the land and will recommend pathway easements and trails to the Town Board. The recommendations will be consistent with the Town of Lansme goals outlined in the Town's Comprehensive Plan in particular section 3 addressing parks and recreation and section 5 addressing traffic and circulation. They will also adhere to the Towns subdivision regulations as outlined in section 801 addressing recreational space. Approval of the pathway easement plans by the Town Board is a required if ac easemmr is cr-i Lariowr_ - To R-bo"• jagjavaLtralLut part of the permitting process. Brief background: I The Town of Lansinr lsas affirmed that the development of pathways is desirable acd in the public interest of the citizens of Lansing The term pathways is used to refer to non-motorized forms of I transportation and includes paved multi use')efine Multi trails,nature trails.sidewalks.trails for skateboards,bikes,and walkers. The goals of Resolution 10-134 include developing a network of connecting pathways that will link major town locations such as the schools,the town center,major recreation centers,commercial areas, and high density housing routes The pathways will offer safe pedestrian alternatives as well as opportunities for healthy recreation In addition,the pathways will enable cin ens continued access to the natural;Alight-apes within the community. I The Town requires r-r'P t;developers to meet with the LRPC to address and discuss pathways as a part of projects and pesmits within the Town. The Town has requested that its officials.Department Heads.and the Planning Board include ?r pathways in all projects and consult with the Lansing Recreational Pathway Committee.LRPC.for advice on same. 10-15-2010 9 APPROVED Larry Sharpsteen made a motion to adjourn the Meeting. David Hatfield seconded. VOTE IS: Thomas Ellis - Aye David Hatfield-Aye Nancy Loncto - Aye Richard Prybyl -Aye Larry Sharpsteen-Aye Lin Davidson-Aye MOTION CARRIED. 10