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HomeMy WebLinkAbout2011-04-25 n •- arc 4 f� WOODLAND PARK PDA BACK LOT EXTENSION VIA CWD BOUNDARY CHANGE - DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE AND NEGATIVE DECLARATION At a Regular Meeting of the Town Board of the Town of Lansing, held in and for the Town of Lansing at the Lansing Town Hall on 20th day of April, 2011, the following members were present and voting throughout: A. Scott Pinney, Supervisor; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Kathy Miller, Councilperson. The following Town Board members were absent: Robert Cree, Councilperson. The following Resolutions were duly presented for consideration by the Town Board: WHEREAS, this action was duly classified as an Unlisted Action pursuant to 6 NYCRR Part 617.2(ak), and the Town Board of the Town of Lansing proposed to be the Lead Agency for environmental review, subject to consent or any requests of coordinated or independent review by any Involved or Interested Agency, as applicable; and WHEREAS, the Involved and Interested Agencies were duly declared and determined and the Town duly delivered a Notice of Intent to each such agency, and no objection to the Town Board proceeding as Lead Agency has been received; and WHEREAS, a public hearing to consider the environmental impacts of the proposed action was duly held on April 20, 2011, at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, whereat all persons interested in the subject matter were permitted to speak and present evidence for or against the action and/ or in relation to the potential environmental impacts thereof; and WHEREAS, the environmental impacts identified were the noise, erosion and dust potentially created during construction, which potential impacts are and will be mitigated by stormwater permitting and review, construction reviews, inspections and permitting, on site stormwater controls, and limitations of hours of operation, and which impacts are therefore deemed mitigated and non-significant; and WHEREAS, and after weighing: (i) the probability of each potential impact occurring; (ii) the duration of each potential impact (iii) the irreversibility of each potential impact, including permanently lost resources of value; (iv) whether each potential impact can or will be controlled h or mitigated by permitting or other processes; (v) the regional consequence of the potential impacts; (vi) the potential for each impact to be or become inconsistent with the Town's master plan and/ or Comprehensive Plan and local needs and goals; and (vii) whether any known objections to the Project relate to any of the identified potential impacts, the Town Board found that these factors did not cause any potential impact to be or be likely to become significant; and WHEREAS, after due deliberation upon this matter and a review and analysis of each and all potential environmental impacts, and the input from each and all Involved and Interested Agencies, if any, and the Lead Agency having made a negative declaration of environmental impact accordingly, it is hereby RESOLVED, that the Town Board of the Town of Lansing be and hereby is again declared to be the Lead Agency; and it is further RESOLVED AND DETERMINED, that this declaration is made in accord with Article 8 of the Environmental Conservation Law of the State of New York and the New York SEQRA Act, and the Regulations promulgated there under, and accordingly, the Town Board of the Town of Lansing, based upon (i) its thorough review of the EAF, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, and the hearing held hereupon, and all testimony and evidence presented thereat, if any, and the comments of Involved and Interested Agencies, if any, (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including, but not limited to, the criteria identified in 6 NYCRR §617.7(c), and (iii) its completion of the EAF, 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 is therefore not required; and it is further RESOLVED, that a Responsible Officer of the Town Board of the Town of Lansing is hereby authorized and directed to complete and sign, as required, the determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed EAF and determination of significance shall be incorporated by reference in this Resolution; and it is further RESOLVED that the Town 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. F The question of the adoption of such proposed Resolution was duly motioned by Mr. Christopher, duly seconded by Mr . Pinney and put to a roll call vote with the following results : Vote of Town Board . . . (Aye) Marty Christopher, Councilperson Vote of Town Board . . . (Aye) Kathy Miller, Councilperson Vote of Town Board . . . (Aye) Connie Wilcox, Councilperson Vote of Town Board . . . (Aye) A. Scott Pinney, Supervisor Accordingly, the foregoing Resolutions were approved, carried, and duly adopted. 1/4,,?1 9\ amTOWN of LANSING "Home of Industry, Agriculture and Scenic Beauty " 4�� \ ZONING, PLANNING AND CODE ENFORCEMENT Box 186 k Lansing, NY 14882 ‘ \ ' Phone: 533-7054 1 ' E-mail : tolcodes@twcny.rr.com Web : www.lansingtown.com Town of Lansing Planning Board Meeting April 25, 2011 7:15 PM Lansing Town Hall - Large Court Rm. http ://www.lansingtown.com/• Agenda • Time: Agenda Topics 7:15 P. M. Public Comments/ Concerns 7:20 P. M. CANCELLED • APPROVED • Town of Lansing Monday, April 11, 2011 7:15 PM PLANNING BOARD PLANNING BOARD MEMBERS (*Denotes present) * Nancy Loncto Tom Ellis * Larry Sharpsteen Lin Davidson, Chairman Viola Miller David Hatfield * Richard Prybyl * Jeffrey Overstrom, EIT Lorraine Moynihan Schmitt, Esq. * Robert Cree, TB Liaison Public Present Barry Putnam • Cathy Putnam General Business Lin Davidson called the Planning Board Meeting to order at 7: 15 PM . Mr . Davidson requested to know if there was anyone from the Public that wished to speak with concerns other then what was on the Agenda . There were none . Eastlake Covenants Thomas Ellis inquired if we had received anything from Legal Counsel with regards to the covenants being either updated or relinquished at Eastlake as their sunset clause is coming to an end soon . Ms . Jacobsen advised a letter was sent to the Agent and Developer with respect to the withdrawing their Applications, there was no mention of covenants updating or relinquishing in their letters . May 9th Presentation Jeff Overstrom advised the Members that at our May 901 Meeting, a presentation will be given by a company that has an interest in providing community wide boilers . Approval /Denial PB Minutes of: March 28, 2011 Thomas Ellis requested the following corrections; • Page : 5, first sentence, garage should read : garbage Page : 7, under Cayuga Farms, sentence 2 the word farther should read : further, also the email from Tim Buhl to Jeff Overstrom with respect to the " temporary modular system" should be inserted into the minutes . 1 • APPROVED • Page : 8, under Other, first sentence the word instill should read : install Nancy Loncto made a motion to approve the Minutes as amended . Richard Prybyl seconded . VOTE IS : Thomas Ellis - Aye Nancy Loncto - Aye Richard Prybyl - Aye Lin Davidson - Aye MOTION CARRIED. *7 : 25 PM : Larry Sharpsteen arrived . Keeping track of Records w/ conditions Nancy Loncto inquired as to the policy the Planning Office has with respect to tracking conditions of Planning Board matters . Jeff Overstrom advised Ms . Loncto that between the copies of Minutes kept in the file and an action sheet, conditions are well monitored . • Public Hearing( s) - SEQR Review & Application, Minor Subdivision (2 Flag, 1 Regular) , Applicant: Putnam, Barry & Cathy, Ridge Road, Tax Parcel # 12.4 -17.2 Mr . & Mrs . Putnam appeared before the Planning Board requesting approval to subdivide their property creating two flag lots and one regular lot. The Putnams' would like to build a home for themselves and sell one parcel to their Son for an additional home . The large back lot will remain forest . A 60' right of way will be provided to the back lot until such time when a Town Road can/ or will be built . The Zoning Board of Appeals granted approval for the driveways to be over 500' at their Meeting of February 15, 2011 . February 16, 2011 Barry & Cathy Putnam 25 Murfield Drive Ithaca, New York 14850 Re : Approval of Variance request, Tax Parcel No. 12. -1 -17.2, Ridge Road, Lansing, NY 14882. • Dear Mr. & Mrs . Putnam, On February 15, 2011 the Town of Lansing Zoning Board of Appeals discussed your appeal and arrived at a final decision for your Area Variance request. 2 APPROVED The Zoning Board ' s decision was b approve your request to allow for the driveway(s) to be over 500' in length. Feel free to contact this office with any questions concerning this issue . Chairman Lin Davidson acknowledged the Legal Notice Published in The Ithaca Journal with regards to the above Public Hearing (s) . Thomas Ellis made a motion to open the SEQR Public Hearing at 7: 28 PM. Richard Prybyl seconded . VOTE IS : Thomas Ellis - Aye Nancy Loncto - Aye Richard Prybyl - Aye Larry Sharpsteen - Aye Lin Davidson - Aye MOTION CARRIED . • There were no public comments. Thomas Ellis made a motion to close the Public Hearing at 7 : 34 PM. Richard Prybyl seconded . VOTE IS : Thomas Ellis - Aye Nancy Loncto - Aye Richard Prybyl - Aye Larry Sharpsteen - Aye Lin Davidson - Aye MOTION CARRIED . The Planning Board reviewed Part I of the Short Environmental Assessment Form completed by the Applicant and completed Part II by the Planning Board Members . No significant adverse environmental impacts or effects were identified in Part II by the Planning Board Members . Nancy Loncto offered the following Resolution; RESOLUTION No. 11-30 • RESOLUTION OF THE TOWN OF LANSING PLANNING BOARD ISSUING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE RESPECTING THE STATE ENVIRONMENTAL QUALITY REVIEW (" SEQR" ) OF THE PUTNAM MINOR SUBDIVISION 3 APPROVE , • WHEREAS, after submission thereof, the Lansing Planning Board, on April 11, 2011, reviewed a Subdivision Application submitted by Applicants Barry Putnam and Cathy Putnam, for a minor three lot residential subdivision with two flag lots of certain land, located at the intersection of Ridge Road and County Route 156, Lansing, New York and otherwise known as Tax Map Parcel # 12 . 1 . 17 . 2 in the RA District; and WHEREAS, the proposed subdivision contains two proposed flag lots, Lot # 1 with 60 feet of road frontage and Lot #3 with 40 feet of road frontage onto Ridge Road in the Town of Lansing, and is in compliance with the Town of Lansing Subdivision Rules and Regulations and Land Use Ordinance requiring Flag Lots in the RA District to be at least 30 feet in length where there are no sewers and no planned sewers in the area (See, Land Use Ordinance Schedule II and Subdivision Rules and Regulations Local Law #2 of 2008, Section 606 (C) ; and WHEREAS, both flag lot driveways are in excess of 500 feet in contravention to Town of Lansing Subdivision Rules and Regulations Local Law # 2 of 2008, Section 606 (E) of the Lansing land Use Ordinance, such that an appeal for an area variance would be required by the Town of Lansing Zoning Board of Appeals (ZBA) ; and • WHEREAS, the Applicants dulyappealed a pp ed to the Town of Lansing ZBA for the aforementioned area variance permitting driveways upon the flag lots in excess of 500 feet, and was granted the aforementioned variance by the Town of Lansing ZBA on February 15, 2011 thereby permitting the Flag Lots # 1 and #3 to have driveways exceeding 500 feet in length; and WHEREAS, Pursuant to Subdivision Rules and Regulations Local Law #2 of 2008, Section 606 (F), all Flag Lots must undergo Site Plan Review and are subject to a Public Hearing thereon which was duly noticed and held on Aril 11 , 2011 , and WHEREAS, the Applicant has submitted a Short Form Environmental Assessment Form (EAF) for the State Environmental Quality Review (SEQR) of the proposed Putnam, a minor Subdivision, said review to be Uncoordinated Review without declaration of Lead Agency; and WHEREAS, the requisite General Municipal Law 239 Referrals of Article 12-8 referrals were duly effected by the by the Town of Lansing Planning Department, and WHEREAS, by correspondence, dated March 8, 2011 , the Tompkins County Planning • Department stated that it had reviewed the Application and determined that the proposal, as submitted, has no negative inter-community, or county-wide impacts; and 4 APPROVED • WHEREAS, the Town of Lansing Planning Board duly noticed and opened a public hearing concerning the environmental review, pursuant to the State Environmental Quality Review Act (" SEQRA" ), of the proposed subdivision preliminary plat application at Lansing Town Hall at 29 Auburn Road, Lansing, New York 14882 on April 11 , 2011, and all citizens were given an opportunity to voice any concerns respecting the environmental review and given a full opportunity to be heard thereon; and WHEREAS, on April 11 , 2011 , the Town of Lansing Planning Board, in performing its reviewing Agency function in conducting an environmental review in accordance with Article 8 of the New York State Environmental Conservation Law - the State Environmental Quality Review Act (" SEQR" ), (i) pursued its thorough review of the applicant' s completed Short Form Environmental Assessment Form (" EAF" ) Part I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, and (ii) thoroughly analyzed the potential relevant areas of environmental concern of the project to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 617. 7(c), and (iii) reviewed, on the record, the EAF, Part II on the record (and reviewed and completed, if necessary, Part III of the EAF) ; • NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS : The Town of Lansing Planning Board, based upon (i) its thorough review of the EAF, Part I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) its thorough review of the potential relevant areas of environmental concern of the proposed project to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 617. 7(c), and (iii) its review and completion of the EAF, Part II (and, if applicable, Part III), including the findings noted thereon (which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance (" NEGATIVE DECLARATION" ) in accordance with SEQRA for the above referenced proposed action, and determines that an Environmental Impact Statement will not be required, and it is Dated : April 11 , 2011 Thomas Ellis seconded . VOTE IS: • Thomas Ellis - Aye Nancy Loncto - Aye Richard Prybyl - Aye Larry Sharpsteen - Aye 5 • • APPROVED • Lin Davidson - Abstained MOTION CARRIED. Larry Sharpsteen made a motion to open the Public Hearing at 7:41 PM on the overall Application. Richard Prybyl seconded . VOTE IS: Thomas Ellis - Aye Nancy Loncto - Aye Richard Prybyl - Aye Larry Sharpsteen - Aye Lin Davidson - Aye MOTION CARRIED. No Public comments The Tompkins County Planning offered the following reply; Ili , Review Pursuant to 239 - 1 , ut and. -n of the New York State General Municipal Law • Action : Subdivision of three lots abutting. NYS 34, Tax Parcel No . 12 .- 1 - 17. 2 , I{ arr) & Cathy Put Ra in, Owner/Applicant . Dear Ms . JJciGbscnr This letter acknowledges your rslet o ! of chi,: pi uposal ulcnul ed above for review and comment by the I ompkins County Planning Department pursuant to 5239 - I , -in and • n of the New York State General unicipaI Law_ The Depanrnr.nl has reviewed the proposal, as submitted, and has determined that it has RCP ne : uIivc inter• commtnuly. or county- wide ii.npacts . Please infirm us of your decision so that we Can make it a part of the record. Sincerely, ( lidwnrd C. Marx , Ater Conutussioncr of Planning and Community Sustainability • Nancy Loncto made a motion to close the Public Hearing on the overall Application at 7:43 PM . Larry Sharpsteen seconded . VOTE IS : 6 APPROVED • Thomas Ellis - Aye Nancy Loncto - Aye Richard Prybyl - Aye Larry Sharpsteen - Aye Lin Davidson - Aye MOTION CARRIED. Having opened and closed both Public Hearing (s) with no Public comments, Nancy Loncto offered the following Resolution; RESOLUTION No. 11 -33 RESOLUTION OF THE LANSING PLANNING BOARD APPROVING THE PUTNAM SUBDIVISION, A THREE LOT MINOR SUBDIVISION CONTAINING TWO FLAG LOTS WHEREAS, after submission thereof, the Lansing Planning Board, on April 11 , 2011, reviewed a Subdivision Application submitted by Applicants Barry Putnam and Cathy • Putnam, for a minor three lot residential subdivision with two flag lots, of certain land located at the intersection of Ridge Road and County Route 156, Lansing, New York and otherwise known as Tax Map Parcel # 12 . 1 . 17. 2 in the RA District and WHEREAS, the proposed subdivision contains two proposed flag lots, Lot # 1 with 60 feet of road frontage and Lot #3 with 40 feet of road frontage onto Ridge Road in the Town of Lansing, and is in compliance with the Town of Lansing Subdivision Rules And Regulations and Land Use Ordinance requiring Flag Lots in the RA District to be at least 30 feet in width where there are no sewers and no planned sewers in the area (See, Land Use Ordinance Schedule II and Subdivision Rules and Regulations Local Law #2 of 2008, Section 606 (C) ; and WHEREAS, both flag lot driveways are in excess of 500 feet in length in contravention to Town of Lansing Subdivision Rules and Regulations Local Law #2 of 2008, Section 606 (E) of the Lansing land Use Ordinance, such that an appeal for an area variance would be required by the Town of Lansing Zoning Board of Appeals (ZBA) ; and WHEREAS, the Applicants duly appealed to the Town of Lansing ZBA for the aforementioned area variance permitting driveways upon the flag lots in excess of 500 feet, and was granted the aforementioned variance by the Town of Lansing ZBA on February 15, 2011 thereby permitting the Flag Lots # 1 and #3 to have driveways • exceeding 500 feet in length; and 7 • • APPROVED • WHEREAS, the requisite General Municipal Law 239 Referrals of Article 12-8 were duly effected by the Town of Lansing Planning Department and, by correspondence dated March 8, 2011, the Tompkins County Planning Department Stated that it had reviewed the Application and determined that the proposal, as submitted, has no negative inter-community, or county-wide impacts; and WHEREAS, Pursuant to Subdivision Rules and Regulations Local Law #2 of 2008, Section 606 (F) , all Flag Lots must undergo Site Plan Review and are subject to a Public Hearing thereon, which was duly noticed and held on April 11, 2011 , and WHEREAS, on April 11 , 2011 , the Planning Board underwent site plan review of the proposed minor three lot subdivision with two flag lots, and has considered and carefully reviewed the requirements of the Land Use Ordinance Section 701 et seq ., relative to Planning Board site plan review and the unique needs of the Town due to the topography, the soil types and distributions, and other natural and man made features upon and surrounding the area of the proposed Site Plan, and consideration of storm water drainage, erosion control, parking, water and sewer facilities, driveways, site lighting, off site impacts, roadways and walkways, height regulations, landscaping, open space, and compliance with other state, county and local agency regulations; and • the Planning Board has also considered the Town' s Comprehensive Plan and compliance therewith; and WHEREAS, the Planning Board has considered and carefully reviewed the requirements of the Town' s Laws relative to subdivisions and the unique needs of the Town due to the topography, the soil types and distributions, and other natural and man made features upon and surrounding the area of the proposed Subdivision, and the Town has also considered the Town' s Comprehensive Plan and compliance therewith; and WHEREAS, the subject parcel is a minor subdivision and this is an Unlisted Action under the State Environmental Quality Review Act which requires environmental review; and WHEREAS , a public hearing concerning the environmental review was held on April 11 , 2011 at the Lansing Town Hall at 29 Auburn Road, Lansing, New York 14882 and notice, posting and publication of the aforementioned public hearing was posted and published at least 14 days in advance of the opening of said hearing as required by law; and • WHEREAS , on April 11 , 2011 , this Board, acting in Uncoordinated SEQR environmental review without Lead Agency, reviewed and accepted as adequate a Short Environmental 8 APPROVED • Assessment ForanEAF ( ) Part 1 , submitted by the Applicant, and completed Part II and, if applicable, Part III, on the record ; and WHEREAS , by Resolution adopted on April 11 , 2011 , the Town of Lansing Planning Board determined that, pursuant to the provisions of the State Environmental Quality Review Act, the proposed subdivision will result in no significant impact on the environment and has issued a Negative Declaration of environmental significance for purposes of Article 8 of the Environmental Conservation Law ; and WHEREAS , on April 11 , 2011 , a public hearing was held at the Lansing Town Hall at 29 Auburn Road, Lansing, New York 14882 and notice, posting and publication of the aforementioned hearing was posted and published at least ten ( 10) days in advance of the 1111 opening of said public hearing as required by law; and NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS : RESOLVED : that the Town of Lansing Planning Board grant Approval of the Putnam Subdivision, an Application for a minor three lot residential minor subdivision of certain land located at the intersection of Ridge Road and County Route 156, Lansing, New York and otherwise known as Tax Map Parcel # 12 . 1 . 17. 2 in the RA District. Dated : April 11 , 2011 Larry Sharpsteen seconded . VOTE IS : Thomas Ellis - Aye Nancy Loncto - Aye Richard Prybyl - Aye Larry Sharpsteen - Aye • Lin Davidson - Abstained MOTION CARRIED. 9 • APPROVED • Upcoming Meeting/Training on Trails Thomas Ellis again voiced his dislikes with the way the Town is placing this request on Developers without having something legal in writing from the Town . Larry Sharpsteen agreed too with Thomas Ellis . Jeff Overstrom states the Trails Committee presented to him with a document and requested that he provide each Developer with it. Due to language discrepancies that Mr. Overstrom is working on correcting, he has not provided this material to any Developer. The Planning Board Members requested that Mr . Overstrom run his amended copy by their Board prior to it being distributed to the public . Richard Prybyl believes it is to the Town' s benefit to have something in writing to provide to Developers ahead of time . Larry Sharpsteen requested for the records that it be known that for the last 28 years, The Planning Board for the safety and health of the public has tried to get a reasonable pattern on paper with respect to paper roads with little or no success, and magically all of a sudden the Town has a map of Trails . These trails could be an incredible liability to the Town . • LarrySharpsteen made a motion p to adjourn the Meeting . Richard Prybyl seconded . VOTE IS : Thomas Ellis - Aye Nancy Loncto - Aye Richard Prybyl - Aye Larry Sharpsteen - Aye Lin Davidson - Aye MOTION CARRIED. • 10 • r r O 0_ N I••• N CD r 0 O NII M r CO r O Z N M N to r O 2 N T N r 0 N N N a a U C .i- RI R0 0 C Y N X X X 0 X X 0 X X X 0 (1) r. 0 a rr o 0 N o o x x o x x o o x o o m N C7 M Q rW C O J CNW R6 a 0 CL Ma r. 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