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HomeMy WebLinkAbout2011-12-12 . Rachel Jacobsen From : Rachel Jacobsen [tolcodes@twcny. rr . com ] Sent: Wednesday, December 07 , 2011 10 : 32 AM To : afiorille@tompkins-co . org ; Larry Sharpsteen ; Lin Davidson , PB Chairman ; Mary McTiernan ( mary. mctiernan@mmct. us ) ; Nancy-Work ( njs6@cornell . edu ) ; Richard Prybyl ; tellisl8 @twcny. rr. com Cc : LSchmitt@thalerandthaler..com ; Maureen Cowan ; RobertdCree Subject: 12- 12- 11 Planning Board Packet Attachments : 12- 12- 11 PB Agenda . docx ; 10-24- 11 PB Minutes . docx Importance : High ^' Members Attached you will find the up-coming Agenda and Minutes for the 12/12/11 Meeting . I will be distributing hard copies at the Meeting, unless of course you would like to stop in and pick them up . There is no new material for the Lansing Commons, discussion only, and as for Al ' s recommendation, I believe Lorraine will have a prepared recommendation Resolution for you to review that night . Any questions or concerns, please give me a call . Hope to see all of you at the Holiday Luncheon at Crossroads on Friday, December 9th @ 12 : 30 . If you have not yet rsvp' d , please do so soon ! Many thanks, Rachel • • 1 • Lansing Pathways Committee Report for June : Submitted by Maureen Cowen • The Lansing Highway crew have completed the improvements on the entrance and parking area of the Town Trail . We are hoping to have more surface work done on the path this month . That work will even out the rough spots and improve the walk ability . The improvements have been made through donations of money and equipment. Roger Hopkins has been mowing the trail and could use more help . • We have made a name change from Lansing Recreational Pathways ( LRPC) to Lansing Pathways ( LP) . Pathways work wants to be know for not only recreation but also transportation and connectivity . The word recreation • imits the impression of our work. The shorter version is & so easier. • LP has asked 'Julie Manners of Lansing to design a logo. o LP committed has sent a proposal to Cargill outlining the work needed to be done on the trail . We are requesting both monetary and labor donations . We expect to be hearing from Cargill about their donation in the near future . We are aware that the current trail is not permanent arid the work we will be doing will take this into account. However we do • expect that trails will be part of the Town Land for the future . A copy of the proposal has been sent to TB members and department heads via Sharon Bowman. • A meeting was held at the town hall on Friday July 15 , 2011 with LP members, Scott Pinney and Steve Colt to discuss various aspects of trail work ( i .e a revision of the notice to developers{ on the town resolution 10- 134) . The goal was to facilitate communication on all trail work . All present agreed that aligning with the Recreation department under Steve Colt would provide the goal of improving communication . It was understood that this new arrangement would need to be reviewed and approved by the TB . Plans were made to revise the notice to developers. The LP revisions on that notice has been done and given to Steve Colt for review . • Notes from the July 15, 2011 meeting have been sent. to TB members via Sharon Bowman . (pi., t, , iN ,,,,,-„, S essi on , ,L. ,_ ,( -e cLK1---4 1Ce 'i1 . ' Pr . . The Short Course. . . New York Planning Federation page 11 fi;: f „ t,F2i. ej_ 4 L-t session, may it adjourn . Once again , an executive session may only be convened t within a- duly- noticed open meeting , may be held only for certain purposes enumerated _" gl in state law, and must be summarized on the record as the board reconvenes in open session . ,r:A- „ ,„.4-4,.. ' °7. While the ;x t board may exclude any non - board member from an executive zy t 44,11session , it may also include anyone it desires to be present . The question of whom tM .. 4 ` to allow into an executive session is solely within the discretion of the board. . ^ :. Work sessions can be an invaluable way of informally meeting with prospective permit applicants or, other interests on specific matters prior to a submittal of a formal application or prior to specific decisions being made . Applicants in particular may �`,z£� i apprecate this opportunity to informally discuss their options before committing to a specific proposal . Yet often the question is asked , " Must our board 's ` work sessions ' ',; - where no votes are taken and no public or applicant input is heard - be open to the Y . . Vit . public? ” The answer is, So long as a quorum of members are present and the board 's " ,1/4.. 5. business is being discussed , the session must be held in strict accord with the Open 3, .4 Meetings Law. It does not matter whether the meeting is called a "work session , " or an "agenda meeting , " or whether any votes will be taken . But it has been held that a t ,' "casual encounter" of board members , even if a quorum is present , is not subject to the OML. The important distinction seems to be whether or not the meeting is planned .4i• 4 '4 ? , and how many members are present , not how formal or informal the procedure is . , On a busy board , it may be useful to assign subcommittees to analyze particular wt matters and to report their . findings back to the full board . However, if you officially establish a subcommittee of two or more members, that subcommittee must also 6';,i comply with the Open Meetings Law. r t Pf St t-a * Y 4 b' • I3/4 " 2. Hearings Although public hearings almost always are held in conjunction with meetings of the board , theycarry procedural requirements of their own which are somewhat t distinct from those that govern meetings alone. A public hearing is a session conducted rtz 4‘4 $ ' by the board at which anyand allpersons aregiven an • y opportunity to be heard on a t matter before the board . Public hearings are required by state law on all subdivisionf. �d'h and special use permit applications , all variances , all appeals to a ZBA, and all new ,_ e3 or revised comprehensive plans or land use regulations . Even where state law does .. not require a hearing - such as in the case of site plan review - the local zoning . regulations may. If no hearing is required either by state or local law, a board always1. v, has the option of holding a hearing on any matter. y ,_ . • • Several points must be borne in mind concerninc.g g public hearings . First , for i,, hearings required by the municipal statutes , a uniform five-day newspaper notice h period is set. For State Environmental Quality Review (SEQR) hearings , 14 days ' leA'mak n:1, * 4t , £X a ft ; .; I . A DRAFT • Town of Lansing Monday, December 12, 2011 7:15 PM PLANNING BOARD PLANNING BOARD MEMBERS ('Denotes present) * Nancy Loncto Tom Ellis * Larry Sharpsteen Lin Davidson, Chairman Mary McTiernan, Alternate * David Hatfield * Richard Prybyl Al Fiorille * Jeffrey Overstrom, EIT * Lorraine Moynihan Schmitt, Esq . * Robert Cree, TB Liaison Public Present Kathy Miller Ruth Hopkins Roger Hopkins • Ron Seacord Wayne Matteson Mike Koplinka-Loehr Katrina Binkewicz General Business Lin Davidson, Chairperson 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 . Alternate Member Voting Eligibility Thomas Ellis requested clarification from Legal Counsel as to when the Alternate Member was eligible to vote . Lorraine Moynihan Schmitt advised that the Alternate Member if present may partake in discussion, however, she cannot vote if the Board has a quorum. Sewer Update Thomas Ellis inquired from Jeff Overstrom if the Town had received a final tally on the number of units the Town will be issued for the Warren Road Sewer Project. Mr . Overstrom states he has met with Brent Cross from the Village and they have agreed on an amount, now he has to meet with the Village to move forward on changing the Inter • Municipal Agreement. 1 DRAFT Further Discussion- Major Subdivision-Lansing Commons, Cayuga Vista Drive, Tax Parcel # 37.1 -2-53 . 222 Mr . Ron Seacord and Engineer, Wayne Matteson appeared before the Planning Board requesting clarification with regards to his obligation to the Pathway Committee at this point in the planning process and what steps he need to take next. Mr . Seacord was under the impression that the Pathway Committee would be canvassing the neighborhood to obtain whether people were in favor or not of a pathway . Mr . Seacord took it in his hand and made up his own survey . Feedback from Mr . Seacord' s mailing was distributed to the Planning Board Members showing several of the contiguous neighbors they are not in favor of the pathway . Mr . Seacord states he made it very clear to the Planning Board and Pathway Committee that he would donate land for an easement if the contiguous neighbors to the southeast of his proposed project, agreed 100% to a pathway in their back yards . Wayne Matteson, P. E . inquired as to when the " Law" with respect to requiring a pathway in a Subdivision came in effect in The Town of Lansing Subdivision Rules and Regulations, as he does not recall seeing it in our regulations . • Lin Davidson stated the Planning Board has the authority to issue any condition to a proposed project prior to approval, and Mr . Seacord fully agreed to this condition. Mr . Davidson further that Mr . Seacord ' s time limit on filing his plat has run out, and the Board can consider an extension of 90 days if all Members agree . In the mean time, all road work must cease . Mr . Seacord must dedicate the land in order for the final Plat to be signed and file, and then move on with his project . Once dedication has been completed, the Town Board can proceed with whether they see this land to be a viable trail or side with the neighbors that are against it and decline any further action or re- negotiate . Larry Sharpsteen stated for the record, there is nothing written in the Subdivision Ordinance that states the Developer must provide other land for such a trail . Nancy Loncto questioned how this project has gone over the 180 days allowed in the Rules & Regulations and how construction occurred without a final signed plat. Mr . Seacord stated he did not understand how the process worked . Larry Sharpsteen offered the following Resolution; Thomas Ellis seconded the motion and it was carried by the following roll call vote : Vote of Planning Board . . . ( Aye ) Thomas Ellis , Member • Vote of Planning Board . . . (Aye ) Al Fiorille , Member Vote of Planning Board . . . ( Aye ) David Hatfield , Member Vote of Planning Board . . . (Aye ) Nancy Loncto , Member Vote of Planning Board . . . ( Abstain ) Richard Prybyl , Member 2 DRAFT Vote of Planning Board . . . (Aye ) Larry Sharpsteen , Member Vote of Planning Board . . . ( Aye ) Norman L . Davidson , Chairman RESOLUTION No . 11-87 RESOLUTION OF THE TOWN OF LANSING PLANNING BOARD GRANTING 90 DAY EXTENSION TO DEVELOPER TO COMPLETE CONDITIONS OF APPROVAL AND FILE THE FINAL PLAT OF THE LANSING COMMONS MAJOR SUBDIVISION WHEREAS, on May 9, 2011, the Applicant, J . Ronald Seacord, J .R. S . Realty, Inc ., previously requested and received approval, with conditions, of a final plat respecting a + / - 13 . 6 acre 15 lot residential major subdivision, in the B1 Commercial Mixed Use District located south of the 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, the conditions of the Final Plat Approval were as follows : The Lansing Commons Final Plat is hereby approved, and, upon the granting of the aforementioned recreational pathway lands dedications to the Town, and upon the formal written offer of cession and dedication of said easements, by the Applicant to the Town, the Planning Board Chair shall be authorized to sign and seal the final plat of the Lansing Commons Major Subdivision. The Developer/ Applicant shall prepare, and present to the Town, a written offer of cession and dedication of the aforementioned lands to the Town of Lansing, said written offer to be irrevocable for a period of one year, as required by the Town Attorney, and shall also provide an updated abstract of title and updated tax searches, of the aforementioned lands, to the Town Attorney for the review of good title prior to accepting the dedication(s), and the Town Attorney shall be preparing the Easements and proposed Deeds of Dedication to the Town . As a condition of approval, the Developer/ Applicant be responsible for all costs in remedying any grading anomalies and/ or deficiencies caused as a result of the Applicant/ Developer' s proposed stormwater detention pond grading; and As a further condition of approval, the Developer/ Applicant shall provide the Town with an as- constructed topographical survey map of the stormwater detention pond; including all structures, pipes and swales, to be submitted to the Town prior to acceptance of any dedicated improvements . • And, 3 DRAFT WHEREAS, the Developer has not completed the conditions of approval of the final subdivision plat within 180 days of approval, as required by Town Law §276 (7) (c) , such that the final plat approval has expired as of November 5, 2011; and WHEREAS, the Planning Board has determined that it is appropriate to grant the Developer a 90 day extension, pursuant to Town Law §267(7) (c), in order to complete the conditions of final plat approval; NOW THEREFORE, The Town of Lansing Planning Board hereby grants the applicant/developer a 90 day extension, until February 3, 2012 to complete the conditions of final plat approval set forth in the Town of Lasing Planning Board Resolution # 2011 -35, dated May 9, 2011 , said conditions set forth again above . December 12, 2011 • Nancy Loncto moved to add the following friendly amendment to the Resolution; Richard Prybyl seconded the motion and it was carried by the following roll call vote : Vote of Planning Board . . . (Abstained ) Thomas Ellis , Member Vote of Planning Board . . . ( Aye ) Al Fiorille , Member Vote of Planning Board . . . ( No ) David Hatfield , Member Vote of Planning Board . . . (Aye ) Nancy Loncto , Member Vote of Planning Board . ( Aye ) Richard Prybyl , Member Vote of Planning Board . . . (Aye ) Larry Sharpsteen , Member Vote of Planning Board . . . ( Aye ) Norman L . Davidson , Chairman WHEREAS, in the eventually that the current existing path dedication not work and be refused by the Town, that the Town work with the Developer and the Trails Committee to find a solution for a path that will go elsewhere without harm to this Subdivision. Thomas Ellis stated for the record, months ago he mentioned to the Board that he felt the Trails Committee was not ready to move forward and it would create a lot of problem on the planning side, which this is a perfect example . They do not have their " ducks in a row" . • Roger Hopkins stated that the Committee does not have a plan for trails but, this is a start. If an easement is given now, the option is there for the future to have a trail . Mr . 4 r DRAFT Hopkins further states this was a chance for the Town to take a step in looking to the future for non motorized trails . Larry Sharpsteen suggested that the Trail Committee educate the owners that are against the trails near Mr. Seacord' s proposed project. Recommendation for re-appointment of Planning Board Member, Al Fiorille Larry Sharpsteen moved the following Resolution. Richard Prybyl seconded the motion and it was carried by the following roll call vote : Vote of Planning Board . . . ( Aye ) Thomas Ellis , Member Vote of Planning Board . . . (Abstained ) Al Fiorille , Member Vote of Planning Board . . . (Aye ) David Hatfield , Member Vote of Planning Board . . . (Aye ) Nancy Loncto , Member Vote of Planning Board . . . (Aye) Richard Prybyl , Member Vote of Planning Board . . . (Aye ) Larry Sharpsteen , Member Vote of Planning Board . . . (Aye ) Norman L . Davidson , Chairman • RESOLUTION No. 11 -89 PLANNING BOARD RESOLUTION RECOMMENDING THE TOWN BOARD APPOINTMENT OF AL FIORILLE TO THE TOWN OF LANSING PLANNING BOARD The following Resolution was duly presented for consideration by the Planning Board : WHEREAS , on September 21 , 2011 , the Town Board appointed Al Fiorille to fulfill the remaining term of Viola H . Miller as a Regular Planning Board Member; and WHEREAS , that term will expire on December 31 , 2011 , and a Planning Board Member vacancy shall commence January 1 , 2012 ; and WHEREAS , the Planning Board finds that Al Fiorille has duly performed his duties as interim Planning Board member and would be as asset to the Planning Board as a continuing member thereof, it is hereby RESOLVED , that the Planning Board recommends that Al Fiorille be appointed to fill the Planning Board Vacancy for a regular 7 year Planning Board Member term , commencing January 1 , 2012, through December 31 , 2018 as a Regular Planning Board Member. • Dated : December 12 , 2011 5 DRAFT • Approval/Denial of Minutes for October 24, 2011 Thomas Ellis requested on page 2, the word long should be after 25' . Page 3 Second paragraph should read : Nancy suggested that the Resolution state application (s) due to this being the second one . Page 4 : Last paragraph, Tom questioned whether it is suppose to be a four lot or 3 lot. Lorraine indicated it was a 4 lot on the date indicated . Page 8 : Under Al Fiorille : oppose should read : opposed Page 9 : Last paragraph, Tom questioned whether it is suppose to be a four lot or 3 lot . Lorraine indicated it was a 4 lot on the date indicated . Page 13 : Should read : As suggested by the Town Engineer, the driveway culverts should be consistent in capacity to the downstream Town Culvert on Munson Road and be a minimum 25' long to be able to cover two driveways, and • Larry Sharpsteen made a motion to approve the Minutes of October 24, 2011 as amended . This Committee will terminate on the first Meeting in February 2012 . " Checklist" Review Committee Larry Sharpsteen requested permission from Mr . Chairman that would allow Thomas Ellis and himself to set up a Special Committee to review the current " Checklist" that is being used in the Planning Office . Mr . Sharpsteen feels the list needs to be " tweaked . Rachel Jacobsen will provide Mr . Ellis & Mr . Sharpsteen with an electronic copy . Nancy Loncto moved to form a new Committee that will review the internal " Checklist" for use by the Code Enforcement Officer on behalf of the Planning Board for the clarity of Developers making Applications . This Committee will terminate on the first Meeting in February 2012 . Richard Prybyl seconded the motion and it was carried by the following roll call vote : Vote of Planning Board . . . (Aye ) Thomas Ellis , Member Vote of Planning Board . . . ( Aye ) Al Fiorille , Member Vote of Planning Board . . . (Aye) David Hatfield , Member • Vote of Planning Board . . . (Aye ) Nancy Loncto , Member Vote of Planning Board . . . ( Aye ) Richard Prybyl , Member Vote of Planning Board . . . (Aye) Larry Sharpsteen , Member Vote of Planning Board . . . (Aye ) Norman L . Davidson , Chairman 6 DRAFT Other Business Lin Davidson, Chairman advised the Board that they needed to work with the Town Board and come to an agreement with a token and or get together with Viola Miller for her dedicated years of service . Exempt Subdivision Report Thomas Ellis states at some point he read where the Planning Department should be providing the Planning Board Members with a monthly report of such . To date, Mr . Ellis has not seen any report . Executive Session There will be an Executive Session held at the first Meeting in January 2012 . Ms . Loncto feels an audit should be performed in the Planning Department to include, Exempt Subdivisions, Stormwater Inspections and Conditions placed on all Subdivision that have occurred in the last three years . Larry Sharpsteen made a motion to adjourn the Meeting . Thomas Ellis seconded the motion and it was carried by the following roll call vote : • Vote of Planning Board . . . (Aye ) Thomas Ellis , Member Vote of Planning Board . . . ( Aye ) Al Fiorille , Member Vote of Planning Board . . . ( Aye ) David Hatfield , Member Vote of Planning Board . . . (Aye ) Nancy Loncto , Member Vote of Planning Board . . . ( Aye ) Richard Prybyl , Member Vote of Planning Board . . . (Aye ) Larry Sharpsteen , Member Vote of Planning Board . . . ( Aye ) Norman L . Davidson , Chairman • 7 • Town of Lansing Planning Board Meeting December 12 , 2011 Visitors Please Sign In Below : (Please Print) Name Address OZ .2.. ..- 10\, x- Rd ea /4. tzso 41% ' e // 7 -'i y Q tk. 4111 tatSte "-) 0-1.e,AlexA /V A 111110 / 5- , j> rl -+ CJ S( 41_,..a.4 : ra 4' II ._ As ( D6 a 10 an S �� .7 • http : //www . lansingtown . com/ 1 • • The Town of Lansing Planning Board scheduled for tonight, Monday, November 28, 2011 has been CANCELLED . • l' ‘\,1511111.11 TOWN ofLANSING ,\\ N, r "Home of Industry, Agriculture and Scenic Beauty " '4 ZONING, PLANNING AND CODE ENFORCEMENT 'Sc� i Box 186 k Lansing, NY 14882 VII Phone: 533-7054 E-mail : toicodes@twcny.rr.com Web : www.lansingtown.com • TheTown of Planning scheduled fMonday , November 14 , 2011 has been CANCELLED . •