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HomeMy WebLinkAbout2011-05-17 Rachel Jacobsen From : Lorraine Moynihan Schmitt [Ischmitt@thalerandthaler. com] Sent: Tuesday, May 17 , 2011 11 : 14 AM To : scottchatfield © Iive . com Cc : ' Lin Davidson ' ; ' Ruth A . Hopkins' ; ' Rachel Jacobsen ' Subject: Town of Lansing Planning Board Training Dear Attorney Chatfield : Greetings from the Ithaca/ Lansing area ! Paula, at the NYPF, has indicated that you have kindly offered to be available for the Town of Lansing Planning Board and Lansing Recreational Trails Committee training on Monday May 23rd . I am the attorney for the Planning Board, and was fortunate enough to meet you the last time you came to Lansing for training . We are delighted that you well be returning to our board on the issue of trails / pathways for a two hour course credit to the Planning Board members . Attached is a 9-15-2010 Resolution of the Town of Lansing Planning Board The Town of Lansing Planning Board . The Lansing Recreational Pathways Committee (a Town appointed Committee and not a Planning Board Committee has been charged by the Town Board " with developing a conceptual and interconnected trail and pathway system , and to periodically review and update the same, by and for the Town of Lansing, and work with the Town and its Officials and Boards to implement and fund the same, whether through grant funding or otherwise . . . " The attached resolution also charges the Planning Board with the following: "RESOLVED , that the Town Board asks that the Planning Board consider implementing pathways in site plan reviews , PDA reviews, subdivision reviews, and in other applicable areas , to assess the viability and benefits of the same in their deliberations , and consult with the LRPC for input and advice as to the inclusion , funding, construction , and approval of pathways as part of their deliberations and approval processes . . . " Pathways and trails are encouraged in the Town' s Comprehensive Plan and the Town' s Local Law Respecting Subdivision Rules and Regulations §801 (H) : H . Recreation Areas and Open Spaces : Land shall be reserved for parks, playgrounds, open spaces, or other recreational purposes, in all locations so designated in the Town Comprehensive Plan, or elsewhere when the Planning Board deems that such reservation would be appropriate . Such reservation shall be of an area equal to approximately 5 percent of the gross area of the Subdivision. Land reserved for recreation purposes shall have physical characteristics suitable for such intended purpose . If the reservation of land for recreation or open space purposes is deemed to be inappropriate by the Planning Board, or the Town Board declines to accept such reserved land, the Subdivider shall make a payment, in lieu of land, in accordance with the Fee Schedule, with such funds to be used for the acquisition or upkeep of park, recreation, and open space facilities in the Town . When the Planning Board requires land to be 1 reserved for recreational purposes, the Planning Board may require that the site be suitably developed . When land for recreation areas or open space is required to be shown on the Subdivision plat, the approval of any plat shall not constitute an acceptance by the Town of such land . The Town' s Land Use Ordinance Section 701 .4 . 11 provides that, in regard to site plan review, " roads, pedestrian walkways, and open space, when applicable, be designed as integral parts of an overall site design, be properly related to existing and proposed buildings, and be appropriately landscaped . " The Planning Board Chair would like training on the following issues : • Town Liability issues and Landowner Liability Issues , including General Obligation Laws (Open Lands Statute and clarifying case law) ; • What are the limitations of the Planning Board in requiring pathways/trails within new subdivision developments/ site plans ; • What is the appropriate process for requiring dedication (either in easement or fee) of subdivision development lands to the Town to be utilized as pathways/trails ; • Pathway/Trails Easements and/or Licenses : Agreements versus Permanent Easements Dedications in Fee, Revocable Permits , Tax advantages, if any; • Maintenance Issues : Responsible Parties ; Agreements and Enforcement; Volunteer Maintenance ; • Best practices for Planning Board and Lansing Recreational Pathways Committee to work internally with Enforcement Officers, Planning Office, Town Board ; • Effect of adjacent paths (or trails) on real estate prices , crime, health benefits ; land valuations ; • Economic benefit to the community in form of increased sales tax, room tax , jobs in tourist industry, etc ; • Best practices for working with developers to incorporate paths and trails, connectors and recreation ways . The other speakers who will be attending plan on giving a short overview of their " on the ground " experiences with creating trails in their communities and will be available for panel Q And A. I ' believe they will be addressing the last three bullet points above : Dave Schaeffer : Relevant experience : Dave is president and founding member of the Crescent Trail Association in Perinton , N . Y . Dave has been involved in developing trails in Perinton for the past 40 years . He spent over 20 years on the Perinton Planning Board and served as chair of the board for two terms . He has also served on other related town boards such as the Conservancy Board and the Recreation and Parks Board over the past 40 years . Dave is a recognized expert on ways in which towns can plan for trails , work with developers to incorporate mutual needs , and then form community support for sustained maintenance of the trails . Dave ' s work has been recognized nationally and Perinton was honored to be named a "Trail Towns " in the USA, the only such town to receive that honor by the American Hiking Society in the Northeastern U . S . He was suggested to us by Fran Gotschik from NYS Parks and Trails as one of the most knowledgeable people in NYS about trail planning and development from the "Planning Board point of view". Ned Hickey : Relevant experience : 2 Ned served on the Planning Board of Lansing Village for over 20 years , and as Chair for many of those years . His leadership efforts led to the development of a Village of Lansing Greenway Plan in 1994 . This plan set the framework for pathway development over the next 17 years . Ned is knowledgeable about all phases of trail planning, from using the comprehensive plan, to use of local laws, to best practices working with developers and other members of the community to form connected network of non- motorized paths . Ned ' s efforts have resulted in a Village trail system used daily by Village residents to walk through and between neighborhoods to bus stops , local shops , and recreation spots . Because of his experience and knowledge , Ned will be able to respond to questions about identifying mechanisms for implementation and maintenance of Town trail network. Ned has worked with other planners throughout the county to help them incorporate trail planning in their towns . Ruth Hopkins, from the Lansing Recreational Pathways Committee, will be contacting you as to a proposed agenda . Please let me know if you have any questions . Best regards, Lorraine Lorraine Moynihan Schmitt, Esq. Partner, Thaler & Thaler 309 North Tioga Street P.O. Box 266 Ithaca, New York 14851 -0266 Telephone: (607) 272-2314 Facsimile: (607) 272-8466 Confidentiality Notice: The information contained in this email message may be legally privileged and contain confidential information, and is intended only for the use of the individual or entity to whom it is addressed. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this message is strictly prohibited . If you have received this email in error, please immediately notify us by telephone (607-272-2314), by fax (607-272-8466), or by return email and delete this message. If you have not formally retained this firm for legal services, then we are not your attorneys and neither this communication nor any attachments hereto constitute the provision of legal services or the establishment or confirmation of an attorney-client relationship. From : Paula Gilbert [ mailto : pgilbert@nypf. org ] Sent: Monday, May 16, 2011 2 : 05 PM To : Ischmitt@thalerandthaler. com Subject: NYPF Training Hi Lorraine , • I just wanted to follow up with you regarding the Town of Lansing ' s training next week . I spoke to Scott Chatfield and he is available next Monday night . I briefly spoke to him about what you ' re looking for in terms of topics and materials . However, if you do want to go forward with training , I would ask you to contact him directly , so that you set the session agenda in stone . Costs . Since the Town of Lansing is a NYPF member, we charge $400 for 2 hours of training , and an additional mileage charge for Scott. This provides training and materials for up to 15 people . Those 2 hours would apply to your board 's yearly training requirements . For the other speakers to qualify for training credit, the town board would have to pass a resolution allowing for it . Please let me know how you would like to proceed . Scott's email is scottchatfield (c� Iive . com and his office number is 315- 636-7911 . Thanks again , 3 Paula Paula A. Gilbert Planning Intern New York Planning Federation 1 Columbia Place , Suite 4B Albany, New York 12207 Phone : 518 . 512 . 5270 Fax : 518 . 512 . 5274 Website : http ://www . nypf. org/ Lorraine Moynihan Schmitt, Esq. Partner, Thaler & Thaler 309 North Tioga Street P.O. Box 266 Ithaca, New York 14851 -0266 Telephone: (607) 272-2314 Facsimile: (607) 272-8466 Confidentiality Notice: The information contained in this email message may be legally privileged and contain confidential information, and is intended only for the use of the individual or entity to whom it is addressed . If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this message is strictly prohibited. If you have received this email in error, please immediately notify us by telephone (607-272-2314), by fax (607-272-8466), or by return email and delete this message. If you have not formally retained this firm for legal services, then we are not your attorneys and neither this communication nor any attachments hereto constitute the provision of legal services or the establishment or confirmation of an attorney-client relationship. 4