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HomeMy WebLinkAbout2011-02-28 4 APPROVED Town of Lansing Monday, February 28, 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 Maureen Cowan Emma Hamer Hannes Maddens John Gephart Ruth Hopkin Lauralee Gattridge Donald Hamer Christopher Rogers Roger Hopkin David Moore Marc Leathers Robin Roger • Robin Masson Carol Bass Ivy Mauser Kathy Miller Dirk Galbraith Juliana Bass Mike Herbster Melissa Fields Michael Bryant Lisa Turner Joseph Steuer Michael Herbster Mike Duesing Todd Bittner Melinda Bantle Robert Bantle John Hicks Delores Hicks Wayne Matteson David Hussler Michael Keller Bob Hillman Kyle Cundy Connie Wilcox Vally Kovary Amanda Steinhardt Carol Bass Max Steinhardt Margaret Keller Kate Mackenzie Bob Leathers Susan Murphy Mary Ann Allbonesi Karen Koegel Cheryl Nickel Lawrence Cathles Ron Seacord Nancy Norton General Business Lin Davidson called the Planning Board Meeting to order at 7: 15 PM. Mr. Davidson introduced the Board to the Public and 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. Ms. Moynihan Schmitt, Planning Board Legal Counsel gave a brief overview with respect to the Public Hearing format. Ms. Moynihan Schmitt stated the Board will not • be answering questions during the Public Hearing, is the time for the public to voice their concerns to the Board . Written comments will be accepted . 1 APPROVED • Public Hearing: SEQR Review Lansing Commons Subdivision, Cayuga Vista Drive, Tax Parcel # 37.1 -2-53.222, J. Ronald Seacord, Applicant Thomas Ellis made a motion to open the Public Hearing on the SEQR Review at 7: 21 PM. Richard Prybyl seconded. VOTE IS: Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto - Aye Richard Prybyl - Aye Lin Davidson - Aye MOTION CARRIED. Public Comments/Concern Chairman Davidson inquired if there were any comments or concerns. There were none . Nancy Loncto made a motion to close the Public Hearing at 7:21 PM. Richard Prybyl seconded. VOTE IS: Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto - Aye Richard Prybyl - Aye Lin Davidson - Aye MOTION CARRIED. Public Hearing: SEQR Determination Lansing Commons Subdivision, Cayuga Vista Drive, Tax Parcel # 37.1-2-53.222, J. Ronald Seacord, Applicant Mr. Matteson gave a brief update with respect to the Tompkins County Health Department' s previous concerns as well as concerns by the Town's Engineer, David Herrick. The following is an updated map which reflects changes that have been made to satisfy both parties above. • 2 4 APPROVED • Octnaar op¢ C. IYRQM. Y. It MY / OA O 00000000000000 -1 , -1my -i -i ^I �iy -i -l -i -ly -i -i -i --I -i rD- Z # # # # # # # act # # # # # # # / � mn � awN '" pb >bvo, InAwN1 1 ,: / a m NNNNAW W W WN NW WNN r- / 1 cll1) �vNNWV, I-. NNONNOti. 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I - •�� - - _ 1 gel ,111 11 E f• I �,.,��„ �. __ l W 3 APPROVED • David Herrick, Town Engineer offered additional comments via email on this date; David A. Herrick, P. E. T. G . MILLER P. C . Lee Dresser, L. S. Frank L. SanteIli, P.E. Andrew J. Sciarabba, P. E. Engineers and Surveyors DarrinA. Brock, LS . February 28, 2011 Mr. Jeff Overstrom Engineering and Planning Coordinator Town. of Lansing 29 Auburn Road Lansing, Ncw York 14882 Re: . Lansing Commons Subdivision, SWPPP Review Dear Mr. Overstrom, After reviewing the submitted Stormwater Pollution Prevention Plan (SWPPP) prepared by Wayne Matteson, P. G. dated October 2010, 1 have the following comments : 1 . Stormwater Pollution and Prevention Plan Review Checklist : Per the NYSDEC Stormwater Pollution Prevention Plan Review Checklist, the following deficiencies have been noted : a . The future creation of a drainage district needs to be documented in the narrative of the SWPPP, along with a post-construction maintenance plan. 2. Proposed Retention Pond : a . The 3" drain pipe in the forebay will present immediate maintenance issues and is not acceptable. A better mechanism should be provided in order to meet the adjacent septic system requirements. b. The pond grading needs to be revisited. • In particular, the 882 contour (see attached sketch) should not be one long continuous contour containing several switchbacks. Instead, the inside edge and outside edge of the embankment should be two separate 882 contours. • The swale adjacent to the eastern embankment is not required, and should not be included in the proposed grading. c. The pond spillway has been lowered to 880. 50 and is not represented in the HydroCAD model . The model still shows storage up to the 881 contour. This needs to be updated in 1-IydroCAD to see if the pond is still providing enough detention. 3. Additional Stormwater Issues : a . Storm Culvert Issues : • The storm pipe lengths and slopes should be labeled on the drawing, as it is hard to determine these values by looking at the plans. • We recommend a minimum of 0. 5% slope on all storm pipes. 203 North Aurora Street ■ Ithaca, New York 14850 Telephone (607) 272-6477 • Fax (607) 273-6322 . www.tgmillerpc.com 0 4 • APPROVED I • Galvanized end-sections should be included, if they are not already being proposed. Sizing calculations should be provided to ensure that the culverts under the proposed roadways will be able to handle site runoff In particular, the proposed culverts located under Seacord Lane and Woodsedge in the existing ditch are of concern. While it is true that there is an existing 18" storm pipe upstream of the proposed storm culverts, the size of the existing ditch and downstream culverts indicate that a large quantity of water passes through this area and cannot be ignored. b. The grading doesn't associate any volume with the proposed vegetated swales. c. The NYSDEC is issuing a new NOI that will require all projects that have not been submitted by March 1 , 2011 to meet new design requirements. This project will fall into that category, and will now be required to achieve runoff reduction by means of green infrastructure practices. Sincerely, David A. Herrick, P.E. Enclosure A meeting will be set between Mr. Matteson, Mr. Overstrom and Mr. Herrick to discuss the above concerns, specifically item # 4 . Mr. Matteson states he previously submitted all the material to the Planning Office and for some internal reason the project was not 5 APPROVED • placed on the January Meeting. Mr . Matteson further states he believes he would have been able to meet the DEC March Pt deadline if it were not for the towns over site . Mr . Matteson would like an exception to be made as this could potentially cost the developer a great deal of expense . Ms. Moynihan Schmitt indicated she believed the Board could request a waiver. The Planning Board Members reviewed Part I and completed Part II of the Full Environmental Assessment Form. Thomas Ellis offered the following Resolution; RESOLUTION No. 11-10 RESOLUTION OF THE TOWN OF LANSING PLANNING BOARD ISSUING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE RESPECTING THE STATE ENVIRONMENTAL QUALITY REVIEW ("SEQR") OF THE LANSING COMMONS MAJOR SUBDIVISION WHEREAS, the Applicant, J . Ronald Seacord, previously requested and received Town Board Approval of a PDA Application respecting a + / - 13 .6 acre three (3) phase residential and commercial mixed use development in the B1 Commercial Mixed Use District located at the south of intersection of Cayuga Vista Drive and Woodsedge Drive in the Town of Lansing, P/ O Tax Map Parcel 37-1 -2-53 . 222; and WHEREAS, on September 13, 2010, the Applicant' s Agent and Engineer, Wayne Matteson, appeared before the Lansing Planning Board and advised that, because of the excessive cost of the proposed sewer package plant for the proposed PDA development, and due to the New York State permitting process requisites, the Developer has determined not to move forward with the Lansing Commons PDA project, and has revised the project to a proposed major subdivision of less density (15 residential lot(s) instead of 37), with minimum .50 acre lots containing individual septic systems and sand filtration systems in compliance with requirements imposed by the Tompkins County Health Department, and said revised project will not require a zoning change or PDA approval; and WHEREAS, the Applicant has withdrawn his prior application for PDA approval and has now applied for Major Subdivision Approval; WHEREAS, the Applicant has submitted a Long Environmental Assessment Form (LEAF) for the State Environmental Quality Review (SEQR) of the proposed Lansing Commons Major Subdivision; and 6 • APPROVED • WHEREAS, on October 12, 2010, the Town of Lansing Planning Board declared the proposed action as an Unlisted Action under the State Environmental Review Act (SEQRA) such that an environmental review pursuant to SEQRA is required and the Planning Board declared its intent to act as Lead Agency on the State Environmental Quality Review (SEQR) and has notified all Interested and Involved Agencies and given those agencies an opportunity to comment; and WHEREAS, the aforementioned Interested and Involved Agencies have been duly notified of the Town of Lansing Planning Board' s Intent to Act as Lead agency and have offered no objections thereto; and WHEREAS, the requisite General Municipal Law 239 Referrals of Article 12-8 and 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 of each aforementioned Involved or Interested Agency has been duly considered by the Planning Board; and WHEREAS, by correspondence dated November 12, 2010, the Tompkins County Planning Department formally recommended an updated traffic study and 50 foot set back from the streambed of Minnegar Brook for all structures, impervious surfaces and setback systems, said proposed setbacks to be clearly delineated on all plans; and WHEREAS, upon due consideration and deliberation of the aforementioned formal recommendations of the Tompkins County Planning Department, the Town of Lansing Planning Board, by a super-majority vote (majority plus one) on November 22, 2010, determined not to adopt the recommendations of the Tompkins County Planning Department because of the following reasons : (a) The original Lansing Commons Submission for prior PDA had a higher density and the traffic stuffy utilized at that time was wholly sufficient for the project and is, accordingly, sufficient for the lower density revised present application for a major subdivision; and (b) Since the applicant is no longer proposing a stand alone sewage package plant discharging into Minnegar Brook, the project does not require a 50 foot set back from Minnegar Brook and the current stormwater plans are sufficient; and WHEREAS, the Town of Lansing Planning Board duly noticed and opened public hearings concerning the environmental review, pursuant to the State Environmental Quality Review Act (" SEQRA" ), of the proposed subdivision preliminary plat application at Lansing Town Hall at 29 Auburn Road, Lansing, New York 14882 on November 22, 2010 and February 28, 2011 and all citizens were given an opportunity to 7 • APPROVED voice any concerns respecting the environmental review and given a full opportunity to be heard thereon; and WHEREAS, the Town of Lansing Planning Board, in performing its Lead 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 Full Environmental Assessment Form (" LEAF") 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 LEAF, Part II as prepared by the Town Engineer and/ or Town Engineering and Planning Coordinator, (and reviewed, if necessary, Part III of the LEAF); NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: The Town of Lansing Planning Board, based upon (i) its thorough review of the LEAF, 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 LEAF, 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 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, 625 110 Broadway, Room 538, Albany, New York 12233-1750 in accordance with 6 NYCRR 617. 12. 8 APPROVED • Dated : February 28, 2011 David Hatfield seconded . VOTE IS: Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto - Aye Richard Prybyl - Aye Lin Davidson - Aye MOTION CARRIED. Public Hearing: Final Preliminary Plat Approval, Lansing Commons, Cayuga Vista Drive, Tax Parcel # 37.1-2-53.222; J. Ronald Seacord. Nancy Loncto made a motion to open the Public Hearing at 7:44 P. M. on the overall consideration of Lansing Commons Major Subdivision. Richard Prybyl seconded . VOTE IS : Thomas Ellis - Aye David Hatfield - Aye 0 Nancy Loncto - Aye Richard Prybyl - Aye Lin Davidson - Aye MOTION CARRIED. Public Comments/Concerns Roger Hopkins, Member of the Lansing Pathway Committee offered the following statement; II 9 APPROVED Statement to the Town of Lansing Planning Board Regarding Lansing Commons Subdivision Hearings , February 28 , 2011 Submitted by Lansing Recreational Pathways Committee ( LRPC) The Town Board resolution of September 15 , 2010 asked that the LRPC make recommendations to the Town Board and Planning Board when the LRPC identified key opportunities with clear benefits to the town for pathways. Accordingly, we again call attention to the following opportunities with clear benefits to the Town regarding the Lansing Commons development : 1 . The possibility of a north-south pedestrian right of way on the old railroad bed, on top of the current earthen darn, that runs along the eastern boundary of the proposed development. 2 . The possibility of an east-west pathway along the northern boundary of the development that could connect to the railroad bed right of way and to points west. Recommendation We therefore request that the Planning Board, at its scheduled hearing for Lansing Commons on 111 28 February, 2011 , endorse the importance to the Town of these opportunities and recommend to the Town Board that a meeting be scheduled with Mr. Seacord, appropriate Town officials and the LRPC to determine how this subdivision might accommodate these recommendations in the development plan. We further request that the Planning Board ask that the terms that result from said meeting be included in the final approval of this subdivision. We are not asking that Mr. Seacord incur additional expense to build paths, but only that the right to do so in the future be preserved. The ROW could be along the top of the dike or on its east or west side. The ROW should be wide enough to allow a pathway to be constructed at some point in the future. Justification The right of way along the north-south railway line is of particular importance to a Lansing pathway network because it is one of the few connections possible from the Town Center to points south. The pathway along the north side of the property is important as an access point to the railway right of way, and as a potential eventual connection to the west. The railway ROW and the connection to it along the north side of the proposed development is critical to a Lansing pathway network. 10 APPROVED • [Background The LRPC has had several conversations with Mr. , Seacord about ways to incorporate pedestrian right of ways next to Lansing Commons with potential for future connections to Town trails . Mr. Seacord has been open to talking about paths along the northern edge of the property within the setback that parallels the street and then along the property line to the old railroad bed. In addition, he has been open to discussing a right of way along the earthen dam that sits on the old railroad bed on the eastern edge of his property. He was understandably reluctant to enter into specific negotiations unless they were clearly and officially part of the approval process. LRPC has asked that the Planning Board consider the requests for right of ways at every previous public meeting for initial plat discussions and hearings. The LRPC has recommended that the Planning Board consider Row ' s for future pathways on the eastern and northern edge of Lansing Commons and we have publicly shared with the Planning Board the critical nature of the path along the eastern edge, currently an earthen dam, to future Town Center connecting trails. The Planning Board has responded publicly by stating that they cannot address LRPC recommendations without clear instructions from the Town Board and Town Attorneys on how to do so and how to handle the liability and maintenance issues. Summary We ask that the Planning Board request that the Town Board arrange the meeting with Mr. Seacord to explore and construct the terms of a pathway ROW and we look forward to working with the Planning Board, the Town Board and Mr. Seacord on this important matter. According to Mr. Seacord, he is trying to accommodate the Committee' s wishes within reason. Richard Prybyl made a motion to close the Public Hearing at 7 :47 PM. Thomas Ellis seconded. VOTE IS: Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto - Aye Richard Prybyl - Aye Lin Davidson - Aye MOTION CARRIED. Nancy Loncto offered the following Resolution; RESOLUTION No. 11-13 RESOLUTION OF THE TOWN OF LANSING PLANNING BOARD APPROVING WITH CONDITIONS THE FINAL PRELIMINARY PLAT OF THE LANSING COMMONS MAJOR SUBDIVISION 11 • APPROVED • WHEREAS, the Applicant, J. Ronald Seacord, previously requested and received Town Board Approval of a PDA Application respecting a + / - 13 . 6 acre three (3) phase residential and commercial mixed use development in the B1 Commercial Mixed Use District located at the south of intersection of Cayuga Vista Drive and Woodsedge Drive in the Town of Lansing, P/ O Tax Map Parcel 37-1 -2-53 .222; and WHEREAS, on September 13, 2010, the Applicant' s Agent and Engineer, Wayne Matteson, appeared before the Lansing Planning Board and advised that, because of the excessive cost of the proposed sewer package plant for the proposed PDA development, and due to the New York State permitting process requisites, the Developer has determined not to move forward with the Lansing Commons PDA project, and has revised the project to a proposed major subdivision of less density (15 residential lot(s) instead of 37), with minimum .50 acre lots containing individual septic systems and sand filtration systems in compliance with requirements imposed by the Tompkins County Health Department, and said revised project will not require a zoning change or PDA approval; and WHEREAS, the Applicant has withdrawn his prior application for PDA approval and Amir has now applied for Major Subdivision Approval; and WHEREAS, the Applicant has submitted a Long Environmental Assessment Form (LEAF) for the State Environmental Quality Review of the proposed Lansing Commons Major Subdivision; and WHEREAS, on October 12, 2010, the Town of Lansing Planning Board declared the proposed action as an Unlisted Action under SEQRA such that an environmental review pursuant to SEQRA is required and the Planning Board declared its intent to act as Lead Agency on the SEQRA review and has notified all Interested and Involved Agencies and given those agencies an opportunity to comment; and WHEREAS, the aforementioned Interested and Involved Agencies have been duly notified of the Town of Lansing Planning Board' s Intent to Act as Lead agency and have offered no objections thereto; and WHEREAS, the requisite General Municipal Law 239 Referrals of Article 12-8 and 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 of each aforementioned Involved or Interested Agency has been duly considered; and 40 12 • • APPROVED 0 WHEREAS, by correspondence dated November 12, 2010, the Tompkins County Planning Department formally recommended an updated traffic study and 50 foot set back from the streambed of Minnegar Brook for all structures, impervious surfaces and setback systems, said proposed setbacks to be dearly delineated on all plans; and WHEREAS, upon due consideration and deliberation of the aforementioned formal recommendations of the Tompkins County Planning Department, the Town of Lansing Planning Board, by a super-majority vote (majority plus one) on November 22, 2010, determined not to adopt the recommendations of the Tompkins County Planning Department because of the following reasons: (a) The original Lansing Commons Submission for prior PDA had a higher density and the traffic stuffy utilized at that time was wholly sufficient for the project and is, accordingly, sufficient for the lower density revised present application for a major subdivision; and (b) Since the applicant is no longer proposing a stand alone sewage package plant discharging into Minnegar Brook, the project does not require a 50 foot set back from Minnegar Brook and the current stormwater plans are sufficient; and WHEREAS, on November 22, 2010 and February 28, 2011, the Lansing Planning Board f duly noticed and opened public hearings for comment on the preliminary plat proposal lir concerning both SEQRA environmental review and overall consideration of the preliminary plat application thereof by the Lansing Planning Board and all citizens were given an opportunity to voice any concerns and given a full opportunity to be heard thereon; and WHEREAS, on November 22, 2010, the Planning Board preliminarily reviewed Part I of the LEAF on the record and the Applicant and the Applicant' s Engineer made requisite corrections thereto, and on February 28, 2011, the Planning Board, acting as Lead Agency on a coordinated environmental review, reviewed and accepted, as adequate, a Long Environmental Assessment Form ('LEAF") Part I, submitted by the Applicant; and the Lansing Planning Board, together with the Lansing Engineer & Planning Coordinator, Jeff Overstrom, completed revised Part II on the record (and, if applicable, Part III of the LEAF); and WHEREAS, by resolution adopted February 28, 2011 , the Town of Lansing Planning Board determined that, pursuant to the provisions of the State Environmental Quality Review Act, given the mitigation measures addressed in the preliminary plat application and LEAF, the proposed preliminary plat will result in no significant adverse impacts on the environment and the Planning Board issued a Negative Declaration of Environmental Significance for purposes of Article 8 of the Environmental Conservation Law; and 13 • APPROVED I WHEREAS, on November 22, 2010, and February 28, 2011, the Planning Board held public hearings on the overall consideration of the Applicant' s Application and Final Preliminary Subdivision Plat, and all citizens were given an opportunity to voice any concerns and given a full opportunity to be heard thereon ; and WHEREAS, November 22, 2010, and February 28, 2011, the Town of Lansing Planning Board duly considered and carefully reviewed the Lansing Commons Major Subdivision Application and Final Preliminary Subdivision Plat in compliance with the requirements of the Town of Lansing Subdivision Rules and Regulations relative to and 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 Preliminary Plat; 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 of the Town of Lansing Subdivision Rules and Regulations and Town of Lansing Land Use Ordinance , including, but not limited to topography, utilities, soil analysis, storm-water drainage plan, erosion controls, parking, roadways, infrastructure, including water and sewer facilities, driveways, site lighting, on site and off-site impacts, landscaping and/ or fencing, buffering and/ or screening, roads, walkways and intersections, access points and curb cuts, traffic impacts, height limitations and the project' s 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 Comprehensive Plan, and has determined compliance therewith in conjunction with said Preliminary Plat Application and Review; and WHEREAS, the Lansing Planning Board finds that the subdivision rules and regulations of the Town of Lansing have been met by the preliminary plat layout and application; and NOW THEREFORE, upon due consideration and deliberation by the Town of Lansing Planning Board, be it hereby RESOLVED: that the application of J . Ronald Seacord, for approval of the Lansing Commons Subdivision Preliminary Plat, together with the Preliminary Plat layout, prepared by the Applicant/ Developer's Engineer, Wayne Matteson, be and the same is hereby approved subject to the following conditions : 1 . The Final Preliminary Plat shall be in accordance with the comments of the Tompkins County Department of Health correspondence of December 22, 2010 and written approval of the Department of Health shall be required before any Planning Board issuance of Final Plat Approval; and 14 • APPROVED 2. Given that the Town of Lansing Planning Board has received a written request from the Lansing Recreation Pathway Committee, which said committee has received the endorsement of the Town Board for the creation of a network of pathways pursuant to Section III (10) and Section V of the Town' s Comprehensive Plan, and also pursuant to Section 801 (H) in the Town' s Subdivision Rules and Regulations Local Law #2 of 2008, the Planning Board has determined that the Developer, Town Board, and Lansing Recreation Pathways Committee should work with the appropriate engineers and Town attorneys to add a Right of Way for a future recreational path to this Lansing Commons Subdivision at the North and East edges of said development. The Northern edge of the Right of Way could be within an existing setback currently along a hedgerow and the Eastern edge could potentially be at the top of the earthen dam (an abandoned railroad bed) . This pathway is of particular interest to the Planning Board, given the Subdivision' s central location near the Town Center of Lansing. Final determination of placement of the Right of Way shall be mutually determined by the parties set forth above. February 28, 2011 Richard Prybyl seconded . VOTE IS: Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto - Aye Richard Prybyl - Aye Lin Davidson - Aye MOTION CARRIED. Public Hearing: SEAR Review of Eastlake PDA Amendment to Include use for Educational Purposes-Ithaca Waldorf School Site Plan, Eastlake Road, Tax Parcel # 42.-1-54.1; Ithaca Waldorf School, Applicant Richard Prybyl made a motion to open the SEQR review at 7:55 PM. Nancy Loncto seconded. VOTE IS: Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto - Aye Richard Prybyl - Aye 0 Lin Davidson - Aye 15 • APPROVED MOTION CARRIED. Public Comments/Concerns In Person or via Email/Letter NNNN/VNtiNNNNNIVI�/NNryNNIVNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNtiNNNNNNNNI�/NN/�INrV Dear Mr. Davidson, Mr. Pinney, and Mr. Overstrom, I am writing in support of the Ithaca Waldorf School's desire to purchase the Eastlake Recreation Center, and respectfully request that this proposal remain on the agenda for the Feb . 14 Planning Board meeting. I am a taxpayer in the Town of Lansing as well as a longtime supporter of Waldorf education. I have been associated with the Waldorf school in Ithaca since moving to Lansing in 2004 as well as Waldorf programs in Rochester, NY and Hadley, MA . Therefore, I believe I serve as a reliable reference in speaking to the high value that the Waldorf community places on respecting others, reaching out to the community, and creating a beautiful environment. Additionally, as a parent of four children, we have used both the tennis court and ball pit at the Eastlake Recreation Center, facilities which the Ithaca Waldorf School plans to preserve. Furthermore, with the Ithaca Waldorf School located in the Town of Lansing, I will have more reason to shop at the proposed market, purchase gas, visit the library, and utilize the Rink, activities which I currently conduct more frequently in the city of Ithaca. The Ithaca Waldorf School provides a much sought-after alternative educational program to many families in the Tompkins County area. In keeping with its past history of providing space for educational programming, the Eastlake Recreation Center would serve as an excellent site for the Ithaca Waldorf School . Respectfully, MaryAnn Albonesi 7 Estates Drive= 16 APPROVED wo u tJ -•94.124.. t a..}a tom( - ' t-g, p I ;sr of trust ^stsit ,¢4t t ta ' - W - ) Sc ee-l. . o a , tct atc.1+a, R¢c.Ra iut GAL . na. uA.rµ-••• not t c a JG cut... LC a fu use. V t o a/ t tea jo ;M is . -fb*a t cw ^^ IA o L tact tatt work), Ltea A04--4-01) use 4s kA fj ¢ e°4"41/4rt. a , ..4.4%4904kscLr, a-e 1+,.. Set °otm S ...-K'- CM-ea 4, d d Q t ' ii fn.. ti t? -"`Q` G t v. t^ - rat tetis s \tred... tt:& t2t izQ .o pc. At t L E zS v+.tcQ1c' L C Anne Meltzer 828 Cayuga Heights Rd Ithaca NY 14850 NNNNNNNNNNIVNN/ /NNNIV�NNtiNNNNIVNNNN/VNN/ // / � / / /�I /NNNNNNNNNNNNNN 216 Wilson Rd . 110 Lansing, NY 14882 607-257-3903 17 • APPROVED To : Viola Miller Kathy Miller Lansing Board Members RE : Waldorf School Dear Kathy, Viola and Town Board Members, I have been a Lansing resident for many years and a former Waldorf school parent. When my children were young there were able to attend the school for a few years. At this time the small school of fifty-five elementary children is requesting to re-locate in Lansing. The school is internationally known and respected. It would be a gift to the community to have the school in our area . The emphasis of the traditional Waldorf School is fostering respect and harmony to others and to the environment as global citizens. The children have one main teacher for six years with adjunct language, art and classical music teachers. The parents are highly involved in the children's education, the fostering of values, as well as creating a beautiful space in which the children participate throughout the day. There are detailed plans for the families to create a landscape of flowers, trees and an orchard . This will be aesthetically beneficial for the community as well as provide a respectful buffer for the concerns of any noise that the neighbors may have. We thank you for your review and welcome any questions and concerns. It is my pleasure to relate any information that I am able to provide as well . Kind regards, Carol Bass Audiologist, Lansing resident NNNN/VNNNNNNNN/�INTVNNNNNNNNNNNNNNNHNN�iVI�/NNNNNNtiNNNI�NNNNNf�VNNNNI�/N/../NNNN Dear Mr. Overstrom, I write this in support of the planned purchase of the East Lake Recreation Center by Ithaca Waldorf School . We are particularly interested in the continuation of the Tennis Court and its availability to local community. The tennis court at the East Lake Recreation Center is a valuable resource to the youth for training and improving their tennis skills in winter. Needless to say that there are very Iimted resources for school age children to continue their tennis in Ithaca/Lansing area during winter, and East Lake Center is one of them . My son, an 11th grader, is a part of the group of Lansing/Ithaca/Trumansburg students who use this facility every week to play tennis and get coaching from Coach Michael Bryant. As a father I can say that it's a joy to see these kids being able to play tennis in a beautiful indoor court. I do not know any other place to continue this kind of group tennis activity in winter time. Thank you for your consderation . 18 • APPROVED Sincerely, Subhash Chandra 1008 Triphammer Road Ithaca, NY 14850 Tel . 607-255-3884 ec^ir�v�..�v .�v�i �i.^..�i :vr�v.��i�. �v .v.•..r.uvr�..vr.. Dear Town of Lansing Board Members, I am writing as a Town of Lansing resident in support of the Ithaca Waldorf Schools purchase of the Eastlake Recreation Club. The club was developed as a community and children ' s space , and I believe Waldforf school , more than any other potential purchaser, would continue to maintain these beneficial community recreational opportunities while providing a new educational alternative for the Town . Lansing currently does not have a private school as an option to residents . I recently attended a meeting hosted by Linda Mack and Jim Johnson which invited Eastlake residents to meet the Waldorff staff, receive a presentation by Bob Leathers , and hear concerns being addressed . The Waldorf staff have put a great deal of time and energy into addressing questions and concerns brought forth by residents . Their goal clearly is to "be a good neighbor and beautify this property. " I believe the site plan that Bob Leathers developed in consultation with the school and community addresses the neighborhood concerns and will result in a beautiful new asset in the Town . It is my opinion it wilt not have a negative impact on the property within Eastlake and on the contrary will increase property value as the property improvement takes place . As Eastlake Recreation Club has been providing 0 recreational and educational uses for Lansing and Ithaca children for nearly two decades, it would appear that the requested change in use and zoning is minor, and in essence would formalize permitted uses that have been ongoing for a considerable time without issue. It is my belief the town will come to see the benefits of Waldorff school coming to Eastlake and hope to see this brought to the planning board on February 14. Thank you for your time, and support for the Waldforf School ' s application . Best regards, Kyle Cundy 19 Eastlake Road NNet To All Members of the Town of Lansing Planning Board, Town of Lansing Board, and Supervisor Pinney, Please make this letter part of the official record of the Lansing Planning Board meeting currently scheduled for Feb. 28 , 2011 . Please share its contents with all members of the Planning Board and Lansing Town Board. I thank. you. I will be out of townfor the upcoming Feb. 28 , 2011 Planning Board meeting so I am writing this letter to express my strong support for the sale of the Eastlake Recreation Center property (Lot 19) by Robert S . Leathers to the Ithaca Waldorf School. I believe expanding the use of Lot 19 to include the Ithaca Waldorf School will be a positive net benefit to our Eastlake neighborhood. Just as a kitchen is often described as the "heart of a home", I believe the Ithaca Waldorf School will greatly enhance the community experience of Eastlake Road residents. The presence of young children in our neighborhood (which has almost no children) would be a good thing. I have heard several residents already offer to volunteer at the school . Further, the Ithaca Waldorf School has indicated its willingness to continue to offer community access to the tennis facility, the birthday party function, and the indoor playground. These latter functions serve the greater Lansing community. 19 APPROVED 11. I think the staff and students will make great neighbors and make Lot 19 a key focal point of our neighborhood, in a way that many alternative uses of the building (i.e. , a large recreational facility like Island Fitness or an office building) will not. The staff has continually offered to work with neighbors on substantial issues and I expect that is the kind of working relationship we will have going forward. I include at the bottom of this letter a copy of my detailed as well as summary notes of the content of the neighborhood meeting that took place at my house on Feb. 12 , 2011 . Susan Murphy, a neighbor, chaired the meeting. Not everyone who lives on Eastlake Road attended, of course, nor was there unanimous agreement on every point, but there was a great deal of consensus on several points as the notes reveal. I shared this letter with all neighbors and received no negative feedback. Mike Duesing hosted a subsequent, small working-group meeting (postponed from Feb 16) on Feb. 19, 2011 . A small number of Eastlake neighbors met with Bob Leathers and two representatives of the Ithaca Waldorf School. I attended the meeting. We agreed that, basedon the discussion that took place at the meeting, instructions would be given to the three lawyers representing the three parties to proceed to codify an agreement whereby the right of lake access would be restricted to owners of lots with single-family homes. I believe this solution should put many objections to the school to rest. I know that some members of Eastlake would like to restrict the size of the School to a number much smaller than the 120 students that has been publicly mentioned. I do not understand the legal basis for such an attempt. It is my impression that the Town of Lansing Planning Board and Town of Lansing Board will have final say on the occupancy level of the school. That number, it seems to me, is the number we all must honor. I know that some in the Eastlake Community are unhappy with the current composition of Eastlake Design Committee, but I believe that we, the Eastlake Homeowners, are responsible for this situation. We have thus far 40 never taken the steps to fully replace the Design Committee as stipulated by our Covenants and Restrictions. At the Feb. 19th meeting, Bob Leathers invited Linda Kennett, our one recently elected Design Committee member, to join the others on the Design Committee as a transitional process proceeds. At this point in the review process, I believe we have had a sufficient amount of community input for the Planning Board to go forward with its deliberations. I do believe the Ithaca Waldorf School will prove to be a wonderful asset both to our neighborhood and to the Town of Lansing. I urge the Planning Board to recommend the sale of Lot 19 to the Ithaca Waldorf School. Respectfully submitted, Natalia J. Emlen From: Natalia J Demong/ Emlen Sent: Tuesday, February 15 , 2011 5 :43 PM To : Natalia J Demong/ Emlen; oyurekli@gmail.com; vurekli@ithaca.edu; vureklia@who.int; Vanne Cowie Cc: marenkelAearthlink.net; michaelkeller1 ( mac.com; bbantlea,tompkinstrust.com; Susan H. Murphy; P. Steven Sangren; mike.duesing@stewarthowe.com; Ronald A Bricker; Brenda H Bricker; Bob Hillman; Betsy Hillman; janemricha(uaol.com; johnwasenko Wearthlink.net. plytleca animusic.com; iiohnston@ fcsith.org; amanda.steinhardt@,gmail.com; Gretel Pelto; Iekennett@yahoo.com; Stephen Thompson Emlen; rleathers99 agmail .com; jaripoulin@me.com; Erin Fitzgerald; Thomas R. Dyckman; Susan E Markowitz; Jean- Pierre Habicht; Marney Thomas; Bruce Turnbull; marty. turnbull@,gmail.com; rac56 Subject: RE: Natalia's minutes of Neighborhood Meeting - 12 Feb 2011 February 15 , 2011 Dear Neighbors, A number of Eastlake Road residents met on Saturday afternoon, February 12, from 2 PM - 4 : 15 PM to discuss issues related to the purchase of the Eastlake Recreational Center by the Ithaca Waldorf School (IWS). 20 APPROVED I THE NOTES PRESENTED HERE ARE STRICTLY MY OWN, AND I INVITE ADDITIONS, CORRECTIONS, OR ALTERNATIVE SETS OF NOTES AUTHORED BY OTHERS . I acknowledge receipt of Mike Duesing's summation of the meeting and his proposal for going forward which I received shortly before finishing transcribing these notes. Those attending the meeting, in no particular order, were: Bobbi & John Wasenko, Marty & Bruce Turnbull, Melinda & Bob Bantle, Susan Murphy, Stephen & Natalia Emlen, Bob Hillman, Pat Lytle, Mike Duesing, Jane & Mel Richards, Bob Leathers, and Margaret Keller. Susan Murphy chaired the meeting. There was a brief discussion of the agenda for the Feb. 14 Town of Lansing Planning Board meeting. At Susan's suggestion, we divided the items under our consideration into two groups, the "What questions" and the "How questions" . "WHAT QUESTIONS " Traffic Impact on Property Values Lake Access The septic adjacent to the Yurekli's property Plans for IWS building expansion Maximum size of school Noise considerations The new deck between the "west-facing wings" What happens to the site if IWS decides to leave? What alternate uses could it be used for? Questions about the "Tot Lot" playground "HOW QUESTIONS" Site Review How the process works: how does approval relate to the Covenants? What are the implications of R- 1 zoning versus the PDA? (Eastlake is legally a "planned development area") How do we synchronize the actions of the Homeowners with the actions of the Town Board? We agreed to consider the "What questions" first. There is a summary of the group's findings toward the end of this document. TRAFFIC We discussed traffic from several perspectives including the danger of the Waterwagon and Route 34 intersection and worries about traffic into and out of Eastlake Road itself, especially the potential of having a long line of traffic stacked up on Eastlake Road, waiting to exit onto Route 34. Natalia reported on her efforts to date to pursue a reduction in speed limit along Route 34 and how The Rink and The Fields (which have 2000-3000 kids most weekends) may be allies in this effort. Bob Leathers reported on a traffic analysis he, Cheryl Nickels, and his daughter Jenna (who is studying Urban planning) recently did for forecasting trips into and out of Eastlake Road for various uses of the Rec Center lot. Their analysis is both a "peak time of day analysis" , and an average number of round trips per day, averaged over the whole year. (Bob left his Traffic Analysis data with me after the meeting so I am including the Peak Time of Day data for all four scenarios.) PROPOSED BUILDING USE: AVG NUM PEAK TIME RT'S DAY TRIPS/ HR 55 Waldorf students, the tennis courts 21 APPROVED 4 & indoor playground (including weekend 65. 5 19 birthday parties) 110 Waldorf students, with resulting reduced use of tennis courts & the indoor playground 83 . 5 32 Office and recreational use of the building, as it was occupied & used 5 years ago 104 11 .6 a Fitness Center 160 13 .3 Mel Richards pointed out that with a school, twice a day there would be a lot of traffic while the rest of the day there would be much less. He asked about the possibility of a second entrance off Rt. 34 . Many neighbors had stories of NYSDOT always refusing this option (because of the danger of the curve in the road.) The School has gone on record saying it will work tirelessly to get a School Speed Zone if they purchase Lot 19 . Bob Leathers said that the Waldorf School has offered to give residents priority access to Eastlake Road. They will not to put more than two cars on Eastlake Road if cars are stacking up waiting to get onto Route 34 . There was a brief discussion of whether this would really happen. It is hoped that School staff and parents could and would help enforce the policy since being good neighbors is a core philosophy of the school. Bobbi Wasenko pointed out the need for a left-turn lane on Route 34 from the northbound lane. The group decided TRAFFIC WILL ALWAYS BE AN ISSUE. As Mike Duesing said, we will have to live with this, and as Susan Murphy said, there are actions that can be taken to improve the situation, including a school speed limit and an overall reduction in the speed limit on Route 34 . CONCERNS ABOUT PROPERTY VALUES There was a brief discussion of the Jan 12, 2011 letter by Jay Franklin, Director of Assessment, stating his opinion that "any possible negative effect on value is already present with the use of the building as a commercial enterprise. As the planned use is changing from the commercial enterprise to a private school, I do not believe there will be an additional affect on value. " Margaret Keller pointed out there can be a big difference between market value and assessed value. She is worried about a reduction in her property's value by having the school as a close neighbor. Bob Leathers spoke of Waldorf School's willingness and financial ability to landscape and beautify the land as well as repair and maintain the building in much better condition than he and Cheryl Nickel are now able to do. He mentioned a renovation budget of $400,000, a major part of which is to help ameliorate neighborhood concerns regarding views and noise. Susan Murphy asked about office use of the building and whether it is allowed in R1 zoning and with the Covenants & Restrictions withmention of community and recreational uses. Bob Leathers said the 2005 renovations made to the building went through the permitting process, that use and expansion of offices was duly noted and that the building has had office use from the very beginning. Bruce Turnbull asked about plans to keep the tennis facility going. Bob Leathers replied that the Waldorf School plans to keep the community birthday party function, the indoor playground function, and the tennis facility going. . . in part to enhance their revenue stream. Even with plans to house 120 students, the school will stay within the shell of the existing building. Margaret Keller stated that neither she and her family nor the Yureklis would have purchased their homes had they known a school would occupy the building. She said neighbor Amanda Steinhardt, a former realtor, says property values will drop with the school as neighbor. 22 APPROVED • Bob Hillman spoke about his reading of the Covenants and what kind of contract it represents for the homeowners. He said lawyers would have to work it out. Bob Hillman then said he is not sure what the best result would be. . . he is neither for, nor particularly against the school, not knowing what a later alternative might be. A further discussion of the Covenant questions was postponed until later in the meeting because it constitutes a "How Question" . LAKE ACCESS Susan Murphy raised the issue of worry over insurance liability for any use of Lot 189 by the School. Mike Duesing, speaking for the ELHA Board, which has authority over Lot 189 thinks that the real question here is how to implement a solution that satisfies the neighborhood and the school . He proposed the idea of, and possible wording for, an amendment to the Covenants that would cover this topic. (I do not have a copy of his exact wording), but the general sense was that Waldorf would not use Lot 189, that it should be reserved only for those who own single-family residences in the ELHA, and that school personnel could only use Lot 189 as invited guests of ELHA members. Again, the issue is one of insurance liability and will take negotiation with IWS. The question was raised as to how this policy could carry forward to future owners - which the single-family residence provision would presumably cover. PROPOSED SEPTIC ADJACENT TO THE YUREKLIS PROPERTY Bob Leather's discussed the fact that it is a proposed future solution, if and when a septic replacement is required. It is sited where it is because that particular location has the best soils for the required percolation. John. Anderson, a respected authority in his field, has designed it. As part of the above discussion, Bob Leathers pointed out that the site plan calls for IWS to make no planned outdoor recreational use of the western portion of their lot extending beyond the Rec building perimeter (the mowed grass areas) as a courtesy, volunteer concession to the neighbors so that the school's impact will be minimized. PLANS FOR SCHOOL EXPANSION 1 . Additions to the Building Susan Murphy pointed out contradictions in what she has read -- are there additions or are there no additions? Bob Leathers said there are no future additions or expansions to the building planned other than the current planned addition of 330 square feet to provide extra bathrooms so Waldorf students and adult tennis players don't share the same facilities. 2 . Future Growth of Ithaca Waldorf School There was a question of the school's future growth from a current size of 55 students. Bob Leathers said it would be 120 students maximum because that is what the future, planned septic system can support. There was a general consensus that any planned public Town sewer system will be unavailable to existing building owners for a very long time to come. The school is currently for grades K-5 . There was a question about whether the school plans to eventually offer classes for grades K-7 or K-8 , as their application states. Mike Duesing stated growth of the school is an issue. There was a question of whether one can put limitations on the number or ages of the students. There was a debate on the significance to the neighborhood of older children attending the school. There was a general preference for younger children, buttwo neighbors (Melinda Bantle and Pat Lytle, both with elementary teaching experience) thought it was not such a big deal. Discussing the student population from the perspective of age, they pointed out that class sizes are small. As a private school, the school has a "controlled population" with lots of parental involvement. Parents believe in the school and provide lots more oversight than one generally finds in a public school environment. Pat Lytle concluded, "I am not convinced we need to be fearful . Waldorf wants to train students to be good neighbors." Bob Leathers weighed in that 1. 20 students is a very real number for the maximum number of students, but emphasized that having the ability to have 120 students is very important to the Waldorf School. 23 APPROVED 111 NOISE There was a discussion of noise issues, primarily as they relate to playground noise. There was a discussion of the possible difference in noise levels between a school that is K-5 and a school that is K-6/7/8 . Margaret Keller pointed out that she is home until 2 pm weekdays and that the Yureklis mostly work from home. Melinda Bantle spoke in support of the efforts by Bob Leathers to design a landscape for the school that attempts to ameliorate the impact of noise for the nearest neighbors. She spoke of her experience teaching at a pre-school in the vicinity of our neighborhood, but where houses are much closer to that school than at Eastlake. She reported that no neighbors ever complained of noise. She also pointed out, especially in respect to the "Tot Lot" that it probably sees a half-hour to an hour of use a. day, when the weather is favorable. My notes indicate that people mostly think that noise will be tightly controlled via landscape and the teacher/student relationship, but I may be missing something here. FUTURE EXPANSION OF THE CURRENT PARKING LOT Bob Leather's pointed out that the current parking lot will expand 20 feet in each of two directions, as the school grows and requires additional room for parking space. The school will start with the parking as itcurrently exists, and the future size is that shown on the site plan. THE NEW DECK BETWEEN THE "WEST-FACING WINGS " Bob Leather's apologized that the deck as drawn on the site plan is "overdrawn and my mistake" . It is a. platform about 4 feet square, with a few stairs, and it is an emergency exit only, required for safety reasons. It should not impact anyone's privacy. FUTURE USE OF SITE SHOULD IWS EVER LEAVE This issue worries some neighbors, as much, if not more than the other issues. Susan Murphy asked what could sit 11117 come next? That took us back to questions concerning the R- 1 zoning versus the issue of the PDA. Bob was asked if he thinks the school will succeed. His answer was yes, based on what he perceives as the skill set of the IWS Board and the recognized public success of the people who comprise the Board. Regarding a transition to the future, and to whom the school might sell, it was suggested that, for the homeowners protection, perhaps now is the time to define what the options might be. Margaret Keller commented that she and Amanda Steinhardt believe the Rec Building no longer serves our community. Bob Leathers mentioned that the building lot across the street from the Rec Center recently sold; that the people buying the lot like the idea of living opposite the Waldorf School. An expanded discussion of future uses of the building occurred at the end of the meeting. Please see below. QUESTIONS REGARDING THE "TOT LOT" Natalia said she and Todd Bittner had met, at her request, so that she could understand the site plan from the school's perspective and explore if there was any possibility the Tot Lot couldbe moved. It seems that of all the features in the site plan, that is the one of the least flexible, given the location of the youngest children's classrooms and bathrooms to the Tot Lot. It was agreed that Bob Leathers and Margaret Keller will meet privately to work on issues regarding the Tot Lot. Bob Leathers promised Margaret she could have considerable input on the outward look of the Tot Lot design. THE HOW/ THE PROCESS Again, questions were raised about what is controlled by R- 1 zoning, the PDA (planned area development, often known as PUD, planned unit development), and the Eastlake Covenants. It seems the Town needs to amend the existing PDA to accommodate the use for a private school; homeowners do not regulate lot 19 but can have input. Bob Leathers and Cheryl Nickel are the persons responsible for requesting the amendment to the PDA. They are requesting that educational uses be added. The Town Planning Board is an advisory body that advises the Town Board on its findings, to help it in its decision-making process. At some point in the meeting, Mike Duesing asked Bob Leathers if he would provide the Neighborhood with a copy 24 APPROVED of the existing PDA as well as the request for a change in the PDA. Bob agreed to provide this information. It would seem that a private lawsuit would be required to interpret and enforce the Covenants and Restrictions fully as a contract agreement. It is Bob Hillman's point of view that the best way forward is to have direct negotiations with the Ithaca Waldorf School to agree on mutually acceptable terms and then reflect them in the Covenants. The consensus was that such a meeting is of great importance. It will be held on Wednesday evening, Feb. 16 . See below under TIMELINESS . Susan Murphy, preparing to draw the meeting to a close, made the following summary assessment of the group's judgment regarding the "WHAT QUESTIONS " : TRAFFIC - will always be an issue. Some amelioration may be possible: school speed zone, working with the Rink and the Fields to petition for a reduced speed limit on Rt. 34 IMPACT ON PROPERTY VALUES - agree to disagree LAKE ACCESS - A NEGOTIATION PROCESS TO TAKE PLACE WITH IWS, particularly to safeguard the neighbors' interests regarding liability issues THE SEPTIC ADJACENT TO THE YUREKLIS' PROPERTY - We cannot speak for the Yurekiis but for the purposes of this meeting, the issue is judged NOT critical. We believe the Town of Lansing will look out for their interests regarding good design and. safety. PLANS FOR IWS BUILDING EXPANSION: Except for the currently planned 330 square foot expansion for the Tot Bathrooms, no changes to the exterior footprint of the building are planned for now or in the future. According to the Covenants, any addition would have to be approved by the Eastlake Design Committee so the neighborhood0 . would have leverage here, if it ever did become an issue. MAXIMUM SIZE OF SCHOOL - It is understood that IWS would like to expand to a maximum of 120 students. We would like to TALK TO IWS TO FORMALIZE AN UNDERSTANDING THAT 120 STUDENTS IS THE MAXIMUM SIZE of the school. NOISE CONSIDERATIONS - Bob Leathers will try to mitigate noise issues in his landscape and playground designs. THE NEW DECK BETWEEN THE "WEST-FACING WINGS " - not an issue, it is an emergency exit only. WHAT HAPPENS TO THE SITE IF IWS DECIDES TO LEAVE? WHAT ALTERNATE USES COULD IT BE USED FOR? There was mention of the different distinctions the word "recreation" can have for the neighborhood as in a large commercial enterprise like Island Fitness, or a small community one. Alternate uses could include office use. Susan Murphy asked about the possibility of neighbors buying the building, tearing it down, and converting it into two single-family building lots. Bob Leathers said he would have to see a purchase offer first, but upon reflection, he said it would be a very sad. "I don't do what I do for money. The Waldorf School's offer is the lowest offer I have had for the building, but I think it is a great use. . . The 50 kids who take weekly tennis lessons in the building mean a lot to me. So do the kids who attend birthday parties. So does the free family playtime we sponsor. The school will continue these activities, partly to enhance their revenue, but also in service to the community. " [Note: the wording of the quote may not be 100% accurate but it is close to the original.] Bob went onto say he didn't think he would accept an offer of two million dollars to tear the building down, but if people wanted to buy it and put it to a good use, that could be a different matter. He spoke how the building served for a time as a location for home-schooled students and that it has also shared its facilities with public schools. . . and there had been no complaints. 25 APPROVED Buy it, he said, and make it a viable concern. QUESTIONS ABOUT THE "TOT LOT" PLAYGROUND - Bob Leathers and Margaret Keller are to meet Monday Feb. 14 to see if they can figure out a design that works for Margaret. TIMELINESS became an issue, in fairness to Bob Leathers, the Ithaca Waldorf School, and the homeowners. A meeting will take place Wed. Feb 16 at 6 :30 PM at the office of Mike Duesing (Stewart Howe Alumni Service, 3109 North Triphammer Road Lansing, NY 14882) . It is for representatives of the neighborhood to meet with representatives of IWS and Bob Leathers. Those representing Eastlake are Mike Duesing, Bob Hillman, Margaret Keller, and Natalia Emlen. Other neighbors may attend if they so wish. PLEASE FEEL FREE TO COMMENT ON, CORRECT, OR AMEND THESE NOTES . Sincerely, Natalia Emlen NtiN/VNNNNNNNN.tigtt a NNNNNNNNNNNNNNNNNN tt."St I/V/ sNNNitiNNNNt roCa op Dear Town of Lansing Board Members, I am writing as a Town of Lansing resident in support of the Ithaca Waldorf Schools purchase of the Eastlake Recreation Club . The club was developed as a community and children ' s space, and I believe Waldforf school , more than any other potential purchaser, would continue to maintain these beneficial community recreational opportunities while providing a new educational alternative for the Town. I believe the site plan that Bob Leathers developed in consultation with the school and community addresses the neighborhood concerns and will result in a beautiful new asset in the Town. As Eastlake Recreation Club has been providing recreational and educational uses for Lansing and Ithaca children for nearly two decades, it would appear that the requested change in use and zoning is minor, and in essence would formalize permitted uses that have been ongoing for a considerable time without issue. Thank you for your continued public service for our Town, and support for the Waldforf School ' s application. Best regards, Eric Fields= 28 February 2011 26 APPROVED To : Lansing Town Planning Board Re : Future of Tennis at East Lake Dear Board Members : As parents of a Lansing sophomore who is a member of the tennis team, we would like to express our hope that team access to the indoor tennis court at East Lake continues in the future. We appreciate that the Waldorf School has indicated such access will continue for at least 5 years. The ability to practice during the area's very long winter has contributed significantly to our son's tennis abilities, as well as to the marked improvement of the team overall. Sincerely, Vince & Susan Mehringer Pheasant Way 0 My name is Jonathan Sun, and I'm a sophomore at Lansing High School . I support the planned purchase of the East Lake Recreation Center by the Ithaca Waldorf School . I've been on the Lansing varsity tennis team for a couple years, and every year the team has needed to use the indoor tennis court at the East Lake Recreation Center when we were not able to use any outdoor courts . East Lake's tennis court is extremely useful and convenient for not only the Lansing tennis team, but for a great number of other tennis players in this area. Also, aside from the Reis Tennis Center up at Cornell, East Lake is the only other indoor tennis facility in the area, and is also the only one that the Lansing tennis team can have access to easily. In fact, this past year, the Lansing tennis team has used the East Lake tennis court almost all-year round. The Lansing tennis team this year is mostly made up of underclassmen who are extremely motivated to play tennis at any given opportunity. East Lake is perfect to supply us with our needs for tennis activities, and the Ithaca Waldorf school guarantees to keep this excellent facility open to us and all other Lansing residents . Thank you for your attention to this matter. Jonathan Dear Jeff, Rachel, Scott, Lin, and anyone else in the Town Board, and Town Planning Board who this may concern, We hope to have a chance to be able to read this letter at the Planning Board Meeting on Monday the 14th. So, could you please take 5 - 10 minutes 27 APPROVED before your meeting with residents of EastLake Road this morning, to read our opinion about the zoning that may prevent the Ithaca Waldorf School from moving to the East Lake Rec Center building before next school year? Many Thanks, Hannes Maddens & Karen Koegel Dear Mr Davidson, The hour was late when I sent out the first email . This morning I .realized that some wording was incorrect. Please accept my apologies . The correspondence should have read as follows : Don and I would like to go on record as supporting the plan for the new Ithaca Waldorf school to purchase the East Lake Recreation Center in Lansing. We have been following the process of the Waldorf planning committee. Many hours of planning, meetings with residents to address concerns and money have be invested. Great effort has gone into the planning for the use of this site so the neighbors will not be inconvenienced . I hope that the Planning Board will keep their commitment for the hearing scheduled for February 14th. Thanks for your time and consideration. We can be reached for question at (607) 533 -4248 . opEmma and Don Harper, 105 Auburn Rd. , Lansing, NY. From : James G . Johnston/Linda Mack 109 Eastlake Road It is our understanding that the issue of use of Lot 19, Eastlake Road is to be reviewed by the Planning Board and Zoning Board while we will be out of country. We are aware that the current owner, Robert Leathers , would like to convey this property to the Waldorf School for their purposes of conducting educational programs for children in grades K-6 . What seems to be in question , raised by some of the home owners of the Eastlake Homeowners Association , is the right of Mr. Leathers to sell his property to any party whose planned use of the site would vary from its R- 1 designation except for anything other then recreational usage . The property is currently used as a recreational club and offices . It appears that a variance has been given to Mr. Leathers to use this lot purposes other than R-1 , e .g. , strictly residential . What is not clear is whether educational purposes , combined with recreational activities for students , would vary from the existing variance already granted . As change usually creates tensions the change of use of Lot 19 has asked all of the residents of Eastlake to examine their concerns of usage change. The many obvious questions have been raised concerning traffic, safety, noise, property values and the obvious permitted use of Lot 19. As members of the Eastlake community we support the proposed change of use of Lot 19 from recreational and office use to one of elementary education for children . We feel this change will be a low- , impact solution for the use of an unusual property, which has been used for years for other than R- 1 purposes . . Further, should this proposition not move forward as proposed it will come before your body 28 • APPROVED 41. again , as surely there will be other proposals that will impact the local landowners because it is unlikely Lot 19 will be sought by a party who wishes to demolish the existing facility to construct a residential home. As friends of Mr. Leathers, we do have some concern for the financial hardship for him . We feel he is choosing to convey this property to a use that is in keeping with his vision for our Eastlake community. We urge you to consider the use changes you have approved in the past and favorably support the proposed change of use from the current commercial recreational and office use to that of an educational enterprise . Thank you for your consideration . James Johnston and Linda Mack, 109 Eastlake Road , Ithaca, NY 14850. GUTTMAN & WALLACE ATTORNEYSATLAW 411 North Tioga Street ITHACA, NEW YORK 14850 607-272-21. 02 CHARLES GUTTMAN FACSIMILE ( 607) 272-2350 RICHARD M. WALLACE Service ofpapers by fax not accepted. IPFebruary 7, 2011 Mr. Jeff Overstrom Engineering & Planning Coordinator 29 Auburn Road Lansing, New York 14882 Dear Mr. Overstrom: I am the attorney-in-fact for Osman and Ayda Yurekli, who are the owners of property at 34 East Lake Road in the Town of Lansing, which property is part of the East Lake Development. Mr. and Mrs . Yurekli have been advised that there is a proposal which apparently going to the Town of Lansing Planning Board on February 14, 2011 , and to the Town Board on February 16, 2011 , to permit Lot 19 in the Eastlake Development to be used for a school and to grant site plan approval . Mr. and Mrs. Yurekli are currently out of the country and will be out of the country on those dates. They have requested that I forward their concerns to the Town and specifically request that these concerns be presented to the Planning Board and to the Town Board. Mr. & Mrs . Yurekli bought their property in February of 2009. Their house is currently right behind the recreational center located on Lot 19 . When they were looking at this house and decided to purchase this house, the location and the quietness of the neighborhood was a major factor for them. They were aware of the Declaration of Covenants and Restrictions of the Eastlake Development, which had been adopted in August 1988 , as well as the First Amendment to the Declaration of Covenants and Restrictions which was adopted in June 2007 . 29 • APPROVED 0 February 7, 2011 Page Two The Recreation Center Building was designed in a way that it had minimal impact on Yurekli ' s house. In fact, it has served as a buffer between their house and East Shore Drive. The Yurkelis are concerned that if the use of this lot is changed from recreational use to a school , that there will be significant adverse affects to their property. It is their understanding that the plans involve a. deck being built facing their house and, in addition, playground facilities will be constructed facing their house. They are concerned that this will cause adverse affects with regard to privacy and noise. In addition, as far as they are aware, there is nothing which would limit the size of a school established there and having a school itself would adversely affect their property in terms of privacy and noise. The Yurkelis are also concerned about the intersection of Eastlake Road and Route 34 . Putting a school there would significantly increase traffic and potentially cause safety issues . The lots in the development also have access to the lake. There are concerns about what access the school would have to the lake and potential liability issues . • The Yurkelis understood when they were purchasing the property that the development would be limited to recreational use. A change from just recreational use to allow a school would, in their opinion, adversely affect their use and enjoyment of their property and they believe would adversely affect their property values. February 7, 2011 Page Three I respectfully request that these thoughts be presented to the Planning Board and to the Town Board. If you need anything further from me, please advise. Very truly yours, Chtma' CG/pk Cc : Osman Yurekli February 28, 2011 To All Lansing Town. Board Members: My 13 year old son, John, began taking weekly tennis lessons with Michael Bryant at the Eastlake Recreation Club this past fall. We have been thrilled with Mike ' s fabulous coaching, but also with the space. It is such an asset to tennis enthusiasts in the community to have an 30 APPROVE indoor tennis court available for training year round. It is our intention to continue with tennis lessons as our son' s interest inthe game only seems to increase. It has come to our attention that the Ithaca Waldorf School would like to purchase Eastlake Recreation Club and keep the tennis court and ball pit open and functioning, as is, for at least the next five years. As a weekly user of the tennis court, it is my hope that Ithaca Waldorf School is successful in their bid to buy the building and wish them luck in their endeavor to grow and move into a new home. Karen Trible Town of Ithaca Resident Nancy Norton: Is currently a neighbor of The Waldorf School and states they have been a good neighbor, no problems with children or traffic . Grace McMahon: Read aloud a letter prepared by Attorney Guttman (see above) on behalf of the Yurekli s . Kyle Cundy : Read a memo from new residents Jess & Dawn Esposito stating they approve of the use of the recreation center for the Waldrof School and look forward to being a parent of this wonderful neighborhood . Chad Zimer: Representative for his daughters who have been taking tennis lessons at Eastlake. The girls would be devastated if they did not have access to indoor tennis. Mike Herbster: Manager of Eastlake Recreation Club, states every weekend there are 6-7 parties, 15 children each with vehicles dropping off and traffic has not been an issue . In addition children play outside when at the party and noise has not been an issue. Ruth Hopkins: Member of the Lansing Recreational Pathway Committee states their Committee has submitted a statement for this evenings Meeting, however, they are not requesting a determination this evening. The Committee has met with the Waldrof School and has reached a formal understanding with respect to a right of way parallel to East Shore Drive. The Pathway Committee has seen the landscaping and pathway plan and believes it is an improvement to the property and a potential recreational benefit to the broader community. dis Mike O' Bryant: Lansing High School Tennis Coach, Access to have an Indoor Facility has proven success for the Lansing School Tennis Team. 31 • APPROVED NN� • NNNNNN NNN NNNNNNNNNNNNNNNNNNNN NNNNN�: � � N Sandy Romeo: Feels the Interest would be served better to the community, than trying to satisfy the few that are not in favor of the school. Rick Hughes: Any Indoor facilities enervates players . Son Plays tennis at Eastlake and Mr. Hughes hopes this unique facility stays. Nick: Student at Lansing High School and is a tennis player. Eastlake Recreation facility is convenient and would be shame if it were to close. NNN IVMM Ms . Bass : Supports the Waldorf School. It would be an asset to not only the Lansing Community but to the surrounding ones as well . Great School for those children who can' t main stream through the public school system can have an alternate method of education. Amanda Steinhardt: Previous Realtor & Tennis Player who has a vested interest in the neighborhood . Ms . Steinhardt states the recreation center has value as a tennis center however, she does not feel the school will be a positive impact for the neighborhood . With the proposed additions (new parking lot, bathroom structure) over all student population and increased traffic she does not feel there is enough space for the school without impacting the residents. The density of the neighborhood is not the same as a school . Carol Bass : Is an Audiologist and believes the noise level will not be that loud with the number of children proposed . Ms. Bass believes the School will be an asset to the neighborhood. My /wvNS .N�;.;N��,ti�„w.Ny.�yNti..�..NWsV�NvS�N.v�HNSvN•NNNNN�,.1NwN.��S .N�.N NN..,NNNNNNNNN,,,,,,N.NN^ ��N�N German Zarate: Has children in the Lansing School District. Mr. Zarate is an economist and he believes the school is a positive impact for the community . N��N/N NryIV.vNv 'V�N��N�NN �NNNNNNNN/'vNNNN.vNNNNNNNNNNN. vIv �ryN Margaret Keller: Ms . Keller has spoken with several Realtors and has been told the area will change with a School placed there. Property values will be affected, the area will be perceived differently and the market value will go down. Ms . Keller is concerned with the change in the variance to a school from a recreation center. It would be great if it remained a recreation center . Ms . Keller does not believe the corner can handle the increased traffic at peak time . Encouraged the board to limit the number of children. NNNNi�NN����NN�N�NNNi�NN�rNVN�rNv�NVNN�NNNNNNNNNNNNNNNN��NNNr.NNNNyryNNNNN NNNNNNNNNNNNNNN Hannes Madden: An alumni of the Waldrof School and states they are wonderful people . Jim Johnston: Charter member of neighborhood, school wonderful compromise versus what it also could be. Many members in the neighborhood in fact support the proposal . • ,'���������.�N.;;.:;:.NNS,�^,N��^ ^.�^-NNNNNNN�:�;�,.:,��:.�.Ns.;���.,N."r^•..��,:�� ,:��s.,NN..-,�� Bob Bantle: Supports the Waldrof School, feels they will be a benefit to the neighborhood . 32 • APPROVED Max Steinhardt: Does not agree with changing the PDA use of the recreation center to a school . Many residents purchased their homes in this development for the recreation facility . Increased traffic and safety is a concern. Nancy Loncto made a motion to close the SEQR Public Hearing at 8 :37 PM. Thomas Ellis seconded . VOTE IS: Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto - Aye Richard Prybyl - Aye Lin Davidson - Aye MOTION CARRIED. Public Hearing: Application for Modification to Eastlake PDA- Amend PDA to Include use for Educational Purposes- Ithaca Waldorf School Site Plan, Eastlake Road, Tax Parcel # 42.4 -54.1 ; Ithaca Waldorf School, Applicant, Robert Leather & Cheryl Nickel, Owners Richard Prybyl made a motion to open the Public Hearing on the overall Eastlake project at 8 :38 PM. Nancy Loncto seconded. VOTE IS: Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto - Aye Richard Prybyl - Aye Lin Davidson - Aye MOTION CARRIED. Nancy Loncto read aloud the following Petition; 33 APPROVED EASTLAKE I LAKEWATCH PETITION RE: POTENTIAL PURCHASE OF THE EASTLAKE RECREATION CENTER AT 18 EASTLAKE ROAD • BY WALDORF Lansing Planning board Public He2ring 2-28-1f , 7:30, 29 Auburn Rd (34) Wer the undersigned, would like to indicate to the Lansing Planning Board our concern regarding the potential sale of the Eastlake Recreation Center, al the corner of Eastlake Road and Highway 34, to the Waldorf School of Ithaca, for the following reasons: (1 ) We do not think that a school with 129 students, Preschool, Grades K-8, with orchards, vegetable gardens, a parking lot for 40 cars and 2 buses, and playgrounds adjacent to homes is an appropriate use of I8 Eastlake Rd. or fit with the community, (2) It is generally understood by realture who have worked in Ithaca and Longing for many years, that the area of Eastlake and Inkewatch will change due to the presence of a school on that corner; in ways that are not ha beneficial to a residential community or the Town of Lansing. (3) Property market values far homes in Eastlake and Lakewatch will decline as the area is perceived dlfterently+due to the presence and activity of a school and its traffic, (4) The Town of Lansing will no longer receive tax revenue on 18 Eastlake, and as oar home market values decrease, so will their assessed values, further decreasing tax revenue to the Town of Lansing. (5) An increase in traffic will be brought into the area, concentrating on a blind corner of Highway 34 at Eastlake, Wetei agon, and E.Shore Circle Dr., that is already known to be dangerous, with e long list of accidents recorded by the New York State Police end the Lansing Sheriff's Department. (5) A change in speed, to 45 mph, will not be honored by drivers heading into Ithaca as they have for years, and the number of cars in the °blind corridor` will dramatically increase at peak-use times with a school's presence. Current owners of the Recreation Center say that 1000s of children have been coming to the hail pit each year, but each party contains only 1 Eto 15 children per 2 hours, and There is never a high concentration of traffic at any one time due to these gatherings. Arrivals arxi departures from school 5 days a week with 120 students and staff: on the other hand, will increase traffic density sharply at peak-use times a day, (6) The state will not change this corner to a school zone far at least several years, and even then, a blind corner is not rine at which a stop sign or lights can be installed, since drivers have no visual warning In order to stop In time, I of (Signatures attached) 34 APPROVED • EASTLAKE / LAKEWATCH PETITION RE. 18 EASTLAKE RD. (2W tQ-yt ea- For the safety and well being of our residential communities, w ask that the Lansing Planning Board not recommend to the Town of Lansing the sale of 18 Eastlake Rd. to the 6 W orf School. There are other solutions to this situation. C� 7 �ri2-4,/i,. 4/ 7- ..._ Th., iv,,,„ w v. Al .to-t-t- 4—f—> IA Veiktil a•VNI I/%d� �r / 3/, R,Ranl :fi � r4aoa , A /icya ' ) (1 7 _ . ` i ? - . r:ci.�s2. ' S"" ` 5J is r ID We were able to get to only 8 homes this weekend in Lakewatch. Of the 8, 5 signed our petition; the other 3 were concerned and asked for more information. I told all about the meeting this evening. 2 of 1110 35 APPROVED • Nancy Loncto made a motion to close the Public Hearing at 8 :44 PM on the Application for modification to the PDA. Richard Prybyl seconded . VOTE IS: Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto - Aye Richard Prybyl - Aye Lin Davidson - Aye MOTION CARRIED. Applicants Presentation Cheryl Nickel, Owner and Developer gave a brief overall history of the PDA. EASTLAKE DEVELOPMENT history of Lot 19 ( Eastlake Recreation Center) 1988 Original proposal made to Town of Lansing for development of 42 acres as a Planned Development Area PDA. As part of the proposal, lot 19 with approx 5 1 /2 acres, was identified as being intended to be used for "Community and recreation activities" 1989- Town of Lansing approved Eastlake PDA 1990 Building permit was issued to build commercial building on Lot 19 . Original plans included tennis court, multipurpose room, offices and studio space. 1996 Building permit was issued to do an addition to the building which included indoor playground and "birthday room". 1996 2011 CHILDREN AT EASTLAKE 1996-98 For 3 summers, a 3 week-long summer camp was held at Eastlake. 30 children attended the camp 5 days per week for 8 hours per day. 2001 -02 For 2 years, Home School children used Eastlake. . .20 35 children attended Classes and Play Sessions twice a month. 2001 -03 For 3 years, public school children used Eastlake. 25 50 children attended for 4 5 hours once a week for most of the school. year. 1996-2011 For 15 years, Birthday parties (an average of 300 per year) have been held at Eastlake. With an average of 15 kids attended each party approx 4,500 children attend birthday parties per year. Projected over 15 years, approx 67,500 children have been to birthday parties at Eastlake. (Obviously, some children have been to more than once.) Weather permitting, many of these children ' s activities have taken place Outside the building, on the lawn and other areas surrounding the building. 1996-2011 In addition to birthday parties. the indoor playground has regularly been available for open play for the community. During all the years that children have been coming to Eastlake, there have been no comilaints from neighbors. 1990-2011 TENNIS . On average, there have been 250 adult tennis members per year. There are now 50 children who participate every week in a very active tennis instruction program. 1999 - adiacent office building 1 ,000 sq.ft. permitted and built. 2005-06 Building permit issued to convert multipurpose space to 2 story office space. 1990-2011 Over the last 20 years, Eastlake Recreation Building has been used for Tennis, Public School play, home school classes chilidren 's summer camp, yoga studio, office space, fitness, conferences, birthday parties, open play and family celebrations. 36 • APPROVED • Today, the building provides: (sq. ft.) tennis, 7,500; indoor playground, birthday room, 1 ,200; offices, 5 ,200; utility/restrooms 1 ,800; adjacent building, 1 ,000; (TOTAL AREA 16,700 sq. ft.) 2/9/201. 1 Page 2 of 2 Over the years, we have added to and altered the Eastlake Recreation Center in response to changes in our own and the community needs and uses. At this point, we can no longer afford the time, energy and expense of the Eastlake Recreation property ownership and maintenance. The addition of Waldorf School to Eastlake would expand on the community service the building now serves, (and a financially viable use of the building) Since Waldorf School intends to continue making the tennis and birthday parties available to the community, it is a win/win situation for Lansing. Most organizations who have considered buying the property over the last 6 years have not intended to continue these programs. This is an opportunity to continue the and expand on a major community amenity for the children and families of Lansing and the County; that is why we recommend approval of the Waldorf School purchase of Eastlake Recreation 2/9/2011 Todd Bittner, Chairman of Campus Planning Committee of the School again gave a brief history of the Waldrof School system. The School currently has 55 students enrolled however, they would like to have it approved for 120 total . They believe the school will be an asset to the community. They have gone to great lengths to try and accommodate the neighbors. Mr. Bittner states the school is prepared to accept the conditions placed on them and waive their right to use the shared dock. Robert Leathers, Owner and Developer states he has been trying to find a good buyer over the last 6 years for this building who wishes to do something with the building other than tear it down and build homes. The School will continue to offer the tennis courts and playground for the community . Mr. Leathers has suggested any amendments to the covenants and restrictions be considered by the Town Board at another time to allow the homeowners to work out. Ms. Moynihan Schmitt advised Mr. Leather she has made an amendment to the Resolution with respect to the covenants due to the attorneys involved did not have a meeting of the minds. Should land use amendments be requested in the future, a new application will need to be made. Nancy Loncto inquired about overlapping between the school and tennis . Ms. Loncto has concerns with the increase in traffic . Mr. Leathers states there is very little of overlapping. Lin Davidson inquired what the total hours of operation are for the school . Mr. Bittner indicated the school operates on the same schedule as The Ithaca City School District, with the hours being from 9 AM to 3PM, M-F, after care until 5 :30 PM and on maybe 2 occasions an all school function in the evening or weekend . If an evening or weekend function occurs, traffic issues will be addressed the same way the neighbors are currently doing. 37 • APPROVED • Thomas Ellis states if the school expands, as he is sure they will, the recreation facility will be used up . Mr. Bittner feels due to the 5 year agreement they have made with respect to the tennis courts being offered to the public, clearly shows the schools intent to not expand into the courts . Mr. Leather states he has calculated this out, and there is plenty of space for expansion without interring with the tennis court. Ms . Loncto has great concerns with the safety issue due to the increase in traffic . Ms . Loncto felt a traffic study should be performed . Ms . Moynihan Schmitt advised Mr. Leathers that the Town's Engineer has suggested a traffic study be performed . Ms. Moynihan advised Mr. Leather to get in contact with Mr. Herrick and share information that he has obtained . Mr. Ellis & Mr . Prybyl agreed that a recommendation to the Town Board for a traffic study should be in order. David Hatfield inquired if this building would be removed from that Tax Role if the school were to go in there. Todd Bittner advised yes, they are a registered 501 .C3 and they are exempt from taxes. 411 Thomas Ellis also has safety concerns with respect to the 23 year old wood building housing 120 students and staff. Mr. Ellis feels this is a large liability for the town to take on. Lin Davidson has great concerns with the increased traffic . A paper road may be necessary . After further discussion and consensus of the Planning Board Members, a traffic study should be required . Nancy Loncto offered the following Resolution; RESOLUTION No. 11-18 RESOLUTION OF THE PLANNING BOARD RECOMMENDING TO THE TOWN BOARD APPROVAL WITH CONDITIONS OF THE APPLICATION FOR AMENDMENT TO THE EASTLAKE PDA TO PERMIT THE EDUCATIONAL USE OF A PRIVATE SCHOOL ON LOT 19 OF THE PDA AND FOR APPROVAL OF THE SITE PLAN OF THE PROPOSED IPWALDORF SCHOOL UPON LOT 19 38 • APPROVED • WHEREAS , Applicant Robert Leathers, co-owner of Lot 19 of the Eastlake Planned Area Development ("Eastlake PDA"), a parcel located at 18 East Lake Road, Tax parcel No . 42 . - 1 - 54. 1 , Robert Leathers and Cheryl Nickel, Owners, has filed an application seeking amendment to the Eastlake PDA so as to permit educational purposes on Lot 19 and ; WHEREAS , Joseph Steuer, as agent for the Waldorf School has submitted a site plan review application for a proposed private school on said Lot 19 of the Eastlake PDA; and WHEREAS, the Eastlake PDA is a Planned Area Development (PDA) formed in 1988 , by resolution of the Town Board, dated August 17, 1988 , and is located adjacent to Eastlake Road and Route 34 in the Town of Lansing, encompassing 42 acres of land containing 21 single family residential lots, one multi-family lot and three special use lots ; and WHEREAS , the Eastlake PDA is governed by the Eastlake Declarations of Covenants and Restrictions dated, August 22, 1988 , and approved by the Lansing Town Board, and is additionally governed by the duly enacted Amendments thereto of said Covenants and Restrictions ; and WHEREAS , the Eastlake PDA Design Committee, by Resolution dated January 12, 2011 , approved the proposed variance to the uses of Eastlake PDA Lot 19 to include public purposes for the operation of a private school and said Design Committee approved the proposed site plan 411 and design and specifications of the proposed Waldorf School ; and WHEREAS, the land use of the operation a private school on Lot 19 is not an allowed use authorized in the original Eastlake PDA Covenants and Restrictions and is not an allowed use of the surrounding R- 1 District in the Town of Lansing; and WHEREAS , the present applications for Waldorf School site plan review and PDA Amendment are pursuant to Section 706 . 10 et seq . of the Lansing Land Use Ordinance requiring review by the Planning Board and Approval of the Town Board; and WHEREAS, the proposed Waldorf school Site Plan and Eastlake PDA Amendment application seek approval for a 300 foot addition to the existing recreational facility on the property, said addition to accommodate restrooms and to include a fenced playground adjacent to the southwest of the building, increased parking spaces from 25 to 40, and proposed uses to include the new use as a private school and continuation of community use of the tennis courts and indoor playground, and continued community use of the birthday party facilities; and WHEREAS , the original application materials sought approval for operation of grades K-5 , potentially up to grade 8 in the future, and the current applications now seek approval for operation of the Waldorf School as a private school for grades K-8 ; and WHEREAS, at the Planning Board meeting held on February 14, 2011 , a representative of the Waldorf School stated that the total student body would consist of 55 students with a ratio of 8- 10 up to 10- 15 students per teacher; and 39 • APPROVED WHEREAS , by correspondence dated February 23 , 2011 , from Robin Abrahamson Masson, Esq. counsel to the Eastlake PDA Amendment Applicant, Robert Leathers, the Applicant is now requesting approval for up to 120 students and with a maximum of 9 full time staff and a maximum of 11 part time staff; and WHEREAS , at the request of the Planning Board, the Lansing Fire Department shall review and comment the on Waldorf School site plan which seeks approval of up to 120 students, 11 full time staff and 9 part-time staff and an increase of parking from 25 to 40 spaces; and WHEREAS , at the request of the Planning Board, the Town Engineer, David Herrick has reviewed the topographical data, stormwater plans, LEAF and traffic/parking concerns and, by correspondence dated February 28, 2011 , has commented and recommended the following: "Traffic Impacts I suggest the Town request a Traffic Impact Study for the turning movements at the intersection of NYS Route 34 and Eastlake Road. Specifically, the analysis should determine if a dedicated turn lane is warranted on NYS Route 34 and if the level of service on Eastlake Road will be significantly reduced during the peak AM/PM weekday hours . NYSDOT should be an involved agency in a coordinated environmental review of the project and may well require this analysis. Drainage Impacts The soil disturbance for the parking expansion and playground is reportedly below the Town threshold for permanent stormwater management controls, therefore, a stormwater pollution prevention plan has not been prepared and coverage under the NYSDEC General Permit is not required. " and, WHEREAS, the Eastlake PDA Applicant has represented to the Planning Board by, correspondence of Robin Abrahamson Masson, dated February 23 , 201. 1 , that the proposed expanded use of the PDA to include educational purposes and permit operation of the Waldorf School, a private school with grades K-8, is in compliance with the goals and objectives of the Town ' s Comprehensive Plan for the following reasons : How the Proposed Eastlake PDA Amendment Fits within the Town of Lansing Comprehensive Plan The proposed amendment of the Eastlake PDA fits within the Town of Lansing Comprehensive Plan in many ways . It is important to note from the outset that the additional use of Lot 19 as an educational facility will not require any significant changes to the external physical plant. There is a 300 square foot addition planned 40 • APPROVED to accommodate restrooms, a playground adjacent to the southwest of the building that will be fenced in, and an expanded parking lot. The current PDA provides for recreational use of Lot 19 . This could include a higher-impact use as a fully- functioning health and fitness club, a sports academy, or the like. In contrast, the addition of a small private school will bring less consistent traffic and noise than other already-permitted uses . The Comprehensive Plan acknowledges that there will be growth and change in Lansing, and that flexibility in growth, through the use of such mechanisms as PDAs is to be encouraged. The first goal of the Comprehensive Plan is to have a "reasonable approach to growth that responds positively to opportunities for development but also recognizes that the distinctive character of different parts of the Town should be conserved . " [p. 17] . The addition of educational use to the already permitted uses of Lot 19 will not change the distinctive character of the Eastlake subdivision . Lot 19 is at the entrance to the subdivision, along Route 34, which is an "Urban Minor Arterial ." [p. 35 ] . The proposed Waldorf School will not look much different from the way the current recreation center looks, with the exception of additional landscaping and fencing as shown on the site plan to provide a visual and sound buffer between the houses in the neighborhood and the school, along Eastlake Road, and along Route 34. This additional landscaping will actually enhance the look of the entrance subdivision, which currently has a building sitting in the middle of a wild field . 4111 Another goal of the Comprehensive Plan is to have a "recreation system that builds on excellent existing facilities and programs [ and a] . . . wide variety of active and passive recreational opportunities for all age groups . " [p. 26] . The expansion of the recreation center at Lot 19 to include the Waldorf School will allow for the continuation of the tennis court and indoor playground, which are vital community resources for adults as well as hundreds of community children. The Waldorf School has made a commitment to continue the operation of the tennis court and indoor playground. The Comprehensive Plan calls for "adequate, well designed and attractive parking spaces . . . [which are] located and landscaped in ways that will enhance the surrounding area as well as the building they serve . . . [and] reduce the number of access/egress drives . . . " [p. 40] . There will be sufficient off-street parking for the needs of the Waldorf School on site, so that there need be no on-street parking. The site will be well-landscaped and will enhance the look of the entrance to the subdivision. All traffic will be through the existing driveway, so there will be no additional access/egress drives . The Town of Lansing' s Tree Planting program [p . 41 ] will be furthered by the proposed development. As shown on the site plan, numerous decorative, screening and orchard trees are planned for the site to beautify, provide for screening, and to serve the educational objectives of the school . 41 • APPROVED • WHEREAS, the Applicants have proposed the following conditions of approval : 1 . Any amendments to the current Covenants and Restrictions and to the PDA are contingent upon the closing of the transfer of Eastlake Lot 19 to the Waldorf School ; 2 . Guarantee to permit the continuation of the current Lansing youth tennis program at the facility tennis courts for a minimum five years from the date of the transfer of Lot 19 to the Waldorf School and guarantee of availability of the tennis courts for community groups and individuals for a minimum of five years from the date of the transfer of Lot 19 to the Waldorf School ; 3 . Guarantee to permit continued community use of the indoor playground facilities and birthday party facilities or a minimum of five years from the date of the transfer of Lot 19 to the Waldorf School ; 4 . Total restriction of access by the Waldorf School students or staff from utilizing lake access on Lot 189, including stairs and docks, for any purpose, educational or otherwise; 5 . Use of the proposed deck to be constructed on the building shall be for emergency ingress and egress only; and • WHEREAS, the Lansing Planning Board has considered and carefully reviewed the Applications for Amendment to PDA and proposed Lot 19 Waldorf School Site Plan; and WHEREAS, at the Planning Board meeting on February 14, 2011 and the duly noticed public hearing held on February 28, 2011 , the residents of the Town of Lansing were given a full opportunity to be heard respecting the Eastlake PDA Amendment Proposal and Waldorf School Site Plan, and the Planning Board reviewed said comments and concerns of the residents, including concerns respecting the following potential impacts of the project: increased traffic, proposed building use including recreation, property values, lake access and safety issues, parking and bus ingress/egress issues, noise, drainage and stormwater concerns, density issues, student safety, infrastructure capacity, future use(s) of the site; and WHEREAS , on February 28 , 2011 the Planning Board underwent site plan review of the proposed Eastlake PDA Amendment Proposal and Waldorf School Site Plan, 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 110 and local agency regulations ; and the Planning Board has also considered the Town ' s Comprehensive Plan and compliance therewith; and 42 APPROVED • WHEREAS , by correspondence dated November 19, 2010, the Tompkins County Department of Planning, in its GML 239 —1, -m and —n review, made no formal recommendations for modification of the proposed Waldorf School site plan; and WHEREAS , upon due consideration and deliberation by the Town of Lansing Planning Board, now therefore be it RESOLVED, that, pursuant to Section 706 . 10 et seq. 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 Eastlake PDA Amendment application, subject to the following conditions : 1 . Given the outstanding issues in site plan review, the Planning Board shall retain authority to continue supplemental site plan reviews with the applicant with reports and recommendations via resolutions to the Town Board; 1 . The Lansing Fire Department shall review and comment the on Waldorf School site plan which seeks approval of up to 120 students, 11 full time staff and 9 part-time staff and an increase of parking from 25 to 40 spaces; 2 . Additional Review and Approval by Town Engineer of the applicant ' s LEAF as to the applicant ' s request for approval of the site plan providing for capacity of up to 120 • students with up to 11 full time staff and 9 part time staff, particularly as these impacts are related to the configuration of the parking lot, traffic and safety issues ; 3 . The Applicant shall provide a traffic study as requested by the Town Engineer, David Herrick; 4. All parking for the school shall remain on site and shall not be permitted on East Lake Road, with the exception of up to two school special events annually when parking may be permitted on East Lake Road with the assistance of the Tompkins County Sheriff' s department in regard to with parking and traffic; 5 . If a traffic study warrants same, the Town Board should consider an additional paper driveway to be constructed to connect the parking lot with N.Y. S . Route 34, opposite Waterwagon Road; 6 . Hours of operation of the Waldorf School shall be Monday through Friday 7 : 00 a.m. to 5 : 00 p .m. , with the exception of up to two special annual events with parking to be provided as above; 7 . Any Amendments to the current Covenants and Restrictions and the PDA are contingent upon the closing of the transfer of Eastlake Lot 19 to the Waldorf School ; 8 . Guarantee to permit the continuation of the current Lansing youth tennis programs at the facility tennis courts for a minimum five years from date of the transfer of Lot 19 to the 1110 Waldorf School the and guarantee of availability of the tennis courts for community groups and individuals for a minimum of five years from the date of transfer of Lot 19 to the Waldorf School ; 43 APPROVED 111/ 9 . Guarantee toermit of p continued community use of the indoor playground facilities and birthday party facilities or a minimum of five years from the date of transfer of Lot 19 to the Waldorf School ; 10. Restriction of access by the Waldorf School students or staff from utilizing lake access on lot 189, including stairs and docks for any purpose, educational or otherwise; 12 . Use of the proposed deck to be constructed on the building shall be for emergency ingress and egress only; 13 . All future Amendments to the Eastlake PDA Covenants and Restrictions affecting changes, extensions, modifications, land use, size, orientation, occupancy or density of buildings shall be submitted to the Planning Board for review and referral to the Town Board for approval in compliance with Section 706 . 10 and 706. 10. 1 of the Town of Lansing Land Use Ordinance; and • 14. PDA Approval with Conditions by the Town Board should encompass the original conditions of PDA approval, including the August 1988 Covenants and Deed Restrictions and duly enacted Amendments thereto. • • and it is further • RESOLVED, that the Planning Board Recommends that the Town Board consider the additional conditions of a Developer' s Agreement in regard to the instant applications and a potential " Host Community Agreement" with the Waldorf School in lieu of taxes, given that the property will be removed from the tax rolls and all proposed recreational uses are to be used in support of the non-profit Waldorf School organization; 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 Amendment, Waldorf School Site Plan and SEQR review, said hearing(s) to be held by the Town Board as the final approving agency. February 28 , 2011 David Hatfield seconded. 44 APPROVED VOTE IS: Thomas Ellis - Abstained David Hatfield - Aye Nancy Loncto - Aye Richard Prybyl - Aye Lin Davidson - Aye MOTION CARRIE 11 . Thomas Ellis made a motion to adjourn the Meeting. Richard Prybyl seconded . VOTE IS: Thomas Ellis - Aye David Hatfield - Aye Nancy Loncto - Aye Richard Prybyl - Aye Lin Davidson - Aye MOTION CARRIED. 1114 Bo 45 Iii \ i E 0 0 a) c cn c c0 J a a Q Ti. a) > 0 a Lc M OR o _ UM ---, WE O Om 0 0 s c (I) r To .- .t U om m -a t To o L ofl m C m >6 -0 (U > 0 1 m -C C m .L-. CU U tt 2 — cr. 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