HomeMy WebLinkAbout2012-07-09 APPROVED
Town of Lansing
Monday, July 09, 2012 7:15 PM PLANNING BOARD
PLANNING BOARD MEMBERS
)*Denotes present)
* 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
Ruth Hopkins Andy Sciarabba
Steve Lucente Dorothy Krizek
Larry Fabbroni Sr. Larry Fabbroni Jr.
Maureen Cowan Mary Krizek
David Herrick Stephen Williamson
Stephen Jolly Michael Field
Deb Trumbull Ruth Hopkins
Wayne Britton Scotty Britton
Mary Lou Garrity H.Floyd Davis
Sean Scanlon
General Business
Lin Davidson, Chairperson called the Planning Board Meeting to order at 7:17 PM. Mr.
Davidson inquired if there was any questions or concerns from the Public that is not
related to the Agenda. There were none.
Planning Board Member Nancy Loncto — Resignation
Chairman Davidson announced that he had received an official resignation letter from
Member Nancy Loncto which takes effect immediately.
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APPROVED
Public Hearing-Site Plan Application, Planned Development Expansion-
Village Circle Apartments/Village Solars PDA
Larry Sharpsteen made a motion to open the Public Hearing at 7:20 PM. Al Fiorille
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) Larry Sharpsteen, Member
Vote of Planning Board . . . (Aye) Norman L. Davidson, Chairman
Further Discussion
Engineer Larry Fabbroni gave a brief overview of the proposed project.
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,4.41411 i.,w in Lucente Homes-Proposed 138 Units . � } •Ill-
.Lucente Homes-Existing 42 Units
VILLAGE P2ACE •
.Village Solars-Proposed 174 UnILa - _-- — •' •�
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Village Solars-Existing 116 Units ,41 ._ I I Orl , 2 3.` (Lwenu HdEngn) • • AS /Ale `_ •L ' SubTotal Proposed 312 Units • • _ i IP SubTotal Existing 158 Units _
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2
APPROVED
Maureen Cowan offered the following recommendations on behalf of the Lansing Pathways.
Pr,
Pathways Comments and Recommendations for the Village Circle
Apartments/Village Solar PDA
To PB,copy to Rachel for minutes 7-9-2012
Thank you for specifying the conditions for pathways in your preliminary site plan
review and approval.
Below are comments for the hearing for this review of the Lucente project outlining
our proposals for internal pathways and connector easements and showing them on
the Lucente Conceptual Site Plan.
The Pathways Committee will submit the requested Master Plan for connector path
easements upon receiving the engineering plan for this development
A. About the internal paths:
1. We ask that the surfacing of the paths be specified in the detailed plans to
be submitted. It is our recommendation that the construction guideline
specifications outlined in the Lansing Village Greenway Plan(available on
the Village of Lansing website)be consulted for surfaces of either
cinder/stone or asphalt and be the recommended 10'width for mixed use
such as pedestrians and children on bicycles.
2. We ask that the paths be clearly drawn and specified on the final
engineering plans.
3. We ask that the perimeter pathway in the northeast corner currently
routed through a parking lot be resituated for safety reasons so that it is
outside of the parking lot, and not going through the lot behind parked
cars or cars entering the lot.
4. That the path along the old military lot line be 10'wide with shoulders,
preferably 5'wide since this is the main connector to the planned East
West connector in the Lansing Town trail.We believe a hard surface
would be easier to maintain in all seasons.
5. That the maintenance agreement outlined in the PDA include the
intention to include and maintain a hard trail surface parallel to Warren
Rd for use by residents going to and from the bus.
6. That a footpath be added to go around the pond in the northwest corner,
an area that is being retained as a more natural area.
7. We hope the PB will ask about the timing of the rec center in the build
out plan. With the large number of people targeted for this extremely
3
APPROVED
dense development it seems this building should be built in the first 1-2
years.
We also think we need to reserve the right to review engineering plans
for incorporation of internal trails since those trails are not specified in
the letter of intent although the trails have been shown in various formats
in their conceptual site plans
B. About the easements for future trail connections
We ask that the following easements be noted on the final drawing and
specified as such with the agreement that they will be constructed with
similar surfacing to the connecting trail when they are built. The Town
should reserve the right to specify when they will be built a request that will
most likely be made when the connecting trails are constructed. These
easements are shown on the current conceptual site plan. Pathways will
submit the requested Master Plan specifications once the developer has
submitted a draft design plan.
Connecting easements are requested as follows(see attached map):
1. At the South east corner from the perimeter path to the spot where a
continuing path would be adjacent to Dutch Mill property,this will serve
as a future connection to Dutch Mill
2. At the Eastern and Western edges of the Military Lot line path to the edge
of the property. This will provide a future connector to developments to
the East and West and potentially to the Town of Dryden trail system.
3. At the Northern edge from the current path to where the path could
logically connect to a trail from the adjacent apartment complex on
Springbrook Circle
4. From the perimeter path to the point where any future easement for a
water line is given so that the pathway system can connect to a trail that
is placed on top of that easement,a trail that would likely go to the
intersection of Asbury Rd and Scofield Rd.
Submitted by:
Maureen Cowen
Chairperson
Lansing Pathways
7/9/2012
4
APPROVED
Thomas Ellis inquired if the Developer intended to return to the Planning Board and
request for further units of sewer for the proposed common areas that are proposed in
the project.
Larry Fabbroni indicated yes, in the future.
Thomas Ellis requested that the Resolution indicate that the Developer will be returning
for additional units.
David Herrick stated he agrees with Tom's comment with respect to include language
in the Resolution with regards to future additional units being requested. Mr. Herrick
further states all discussions with respect to sewer are migrating away from the term
"units" and are referred to as "usage".
Larry Sharpsteen made a motion to close the Public Hearing at 7:49 PM. 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) Larry Sharpsteen, Member
Vote of Planning Board . . . (Aye) Norman L. Davidson, Chairman
Thomas Ellis and Larry Sharpsteen both felt the Town Board should require a pull off
for the TCAT bus and requested that the Planning Board's resolution include this
condition.
Mr. Overstrom states the 239 has not come back from the County as they are waiting for
the conditions of the PDA prior to making their formal recommendation. They will also
provide additional recommendations once the PDA goes back to the Planning Board for
Site Plan Review.
Larry Sharpsteen requested for the record that the 239 was delivered to the Tompkins
County Planning Department on May 21,2012 and 30 days has lapsed. Legal Counsel
advised Mr. Sharpsteen that the clock does not start until the Letter of Intent is received
at the County Planning,which in this case was Friday,July 6,2012.
Thomas Ellis offered the following conformed Resolution. Larry Sharpsteen seconded
the motion and it was carried by the following roll call vote:
Vote of Planning Board . . . (Aye) Thomas Ellis, Member
5
APPROVED
Vote of Planning Board . . . (Aye) Al Fiorille, Member
Vote of Planning Board . . . (Aye) David Hatfield, Member
Vote of Planning Board . . . (Aye) Larry Sharpsteen, Member
Vote of Planning Board . . . (Aye) Norman L. Davidson, Chairman
RESOLUTION PB 12-35
RESOLUTION OF THE TOWN OF LANSING PLANNING BOARD
RECOMMENDING TO THE TOWN BOARD
CONDITIONS AND SPECIFICATIONS
UNDER WHICH THE VILLAGE CIRCLE APARTMENTS/VILLAGE SOLARS PLANNED
DEVELOPMENT AREA("PDA")APPLICATION MAY BE CONSIDERED FOR PDA APPROVAL BY
THE TOWN BOARD
WHEREAS, Applicant, Rocco Lucente, has filed an Application for formation of a PDA to
include a 138 apartment unit expansion of the Village Circle Apartments complex located at
Warren Road and Village Circle North, Village Circle South, and Village Place in the Town of
Lansing, New York, Tax Parcel Nos. 39.-1-38.7; 39.-1-38.9; 39.-1-38.10; P/O #39.-1-32.2; P/O
#39.-1-38.2, within the R-2 Zoning District; and has requested Town Board Approval, and
Planning Board preliminary review and referral of said Application; and
WHEREAS, Applicant, Stephen Lucente, on behalf of Lucente Holdings, Inc. and Village
Solars, LLC, has filed a joint Application for inclusion in the PDA of an additional project to
construct 174 new additional "Village Solars" apartments located at Warren Road and Village
Circle North, Village Circle South, and Village Place in the Town of Lansing, New York, Tax
Parcel Nos. 39.-1-34; 39.-1-38.4; 39.-1-38.3; 39.-1-38.6; 39.-1-38.5; 39.-1-35; 39.-1-38.1; 39.-1-
38.11; 39.-1-38.13; 39.-1-38.8; 39.-1-38.16; 39.-1-38.14; 39.-1-38.15; and 39.-1-38.12 within the
R-2 Zoning District; and has requested Town Board Approval, and Planning Board preliminary
review and referral of said Application; and
WHEREAS, the proposed name of the PDA encompassing both projects is Village Circle
Apartments/ Village Solars PDA and the combined acreage of the above referenced parcels
within the PDA is+/- 33.25 acres within the R2 zoning district; and
WHEREAS, the Town of Lansing Planning Board has considered and carefully reviewed the
Applications for the Village Circle Apartments/Village Solars projects and PDA; and
WHEREAS, the Town of Lansing Planning Board has conducted several meetings with the
Applicants to discuss the projects and the parameters of the projects, including proposed water
and sewer infrastructure, and the Applicants have filed Amended Applications and Site Plan(s)
respecting the proposed projects and PDA; said Amended Applications being filed in the
Planning Department on May 13,2012; and
6
APPROVED
WHEREAS, the Planning Board members have offered several comments and proposed
conditions to the Applicants respecting the project and the Applications were referred by the
Planning Board to the Town Engineer for comment; and Town of Lansing Engineer, David A.
Herrick, T.G. Miller, P.C., has reviewed the Applications and commented thereon, by
correspondence dated May 28, 2012, respecting proposed conditions for sanitary sewer facilities,
water facilities, stormwater management, and Traffic Impact Study; and
WHEREAS,the Lansing Planning Board has considered and carefully reviewed the
Applications and the Applicants' Statements of Intent to Comply with Conditions and
Specifications of the Planning Board, filed July 6, 2012, respecting the Applicants' project
proposals and PDA Proposal; and
WHEREAS, the Public Comment Period on the Application was commenced on July 6, 2012
upon submission of the Applicants' Statements of Intent to Comply, pursuant to Section 706.5 of
the Lansing Land Use Ordinance, and a public hearing was held by the Lansing Planning Board
on July 9, 2012 respecting Planning Board site plan review and consideration of the proposed
Village Circle Apartments/Village Solars PDA Application materials and the Applicants'
Statements of Intent to Comply, as well as consideration of whether the Planning Board should
recommend to the Town Board either: (1) disapproval of the proposed PDA development; or(2)
conditional approval of the PDA development, subject to such conditions set forth in the
Statement of Intent to Comply and/or any other conditions otherwise imposed by the Planning
Board; and
WHEREAS, at the public hearing held on July 9, 2012, the residents of the Town of Lansing
were given a full opportunity to be heard respecting the proposed Village Circle
Apartments/Village Solars PDA development, and the Planning Board reviewed said comments
and concerns of the residents, including concerns respecting the following potential impacts of
the project: increased traffic, drainage and stormwater concerns, density issues, infrastructure
capacity; and
WHEREAS, on July 9, 2012, the Planning Board, pursuant to Lansing Land Use Ordinance
Section 706.5, underwent site plan review of the proposed Village Circle Apartments/Village
Solars PDA development, 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, at the request of the Planning Board, Town of Lansing Engineer, David A. Herrick,
T.G. Miller, has reviewed the Applicants' State Environmental Quality Review (SEQR) Long
Environmental Assessment Forms (LEAFs), and was present at the July 9, 2012 Planning Board
Meeting to address questions respecting potential adverse environmental impacts of the projects
7
APPROVED
and overall PDA from the public and the Planning Board, and stated that both his
correspondence of May 28, 2012 and the Planning Board's proposed conditions and
specifications for potential approval of the PDA address the potential significant negative
environmental impacts of the project identified to date and mitigations thereof; and
WHEREAS,the Lansing Town Board, as the determining agency of final approval of the action,
is the responsible agency for the formal SEQR review, and will be declaring its intent to act as
SEQR Lead Agency and will, as Lead Agency, be reviewing and, with the assistance of the
Town Engineer, David A. Herrick, completing Part II of the LEAFs thereby fully identifying all
significant negative environmental impacts and mitigations thereof in accordance with its duty
under the State Environmental Quality Review Act (SEQRA); and
WHEREAS, the Tompkins County Department of Planning, respecting its GML 239 —1, -m and
—n review, has determined to wait on formal comment until a point of time after the Planning
Board has performed its site plan review and made final recommended conditions and
specifications for potential referral for approval with conditions to the Town Board which is the
subject of this instant resolution; and
WHEREAS, the Lansing Pathways Committee (LPC) submitted, for the record at the July 9,
2012 Planning Board public hearing, a statement, dated July 6, 2012, of recommendations and
comments, from the LPC, as discussed with the Applicants, respecting trail and pathways within
the PDA and connections into and out of the PDA; and
WHEREAS, upon due consideration and deliberation by the Town of Lansing Planning Board,
now therefore be it
RESOLVED, that, pursuant to Section 706.5 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 Village Circle Apartments/ Village Solars PDA Applications, subject
to such conditions as set forth in the June 25, 2012 Resolution of the Planning Board and
Developer/Applicants' Statements of Intent to Comply and fully set forth again herewith below:
1. Water:
Town creation of new pressure zone in the Warren Road/Bean Hill areas;
New infrastructure shall include:
• New water tank
• New pump station
• New transmission station
Burdick Hill Pump Station Improvements: Town Engineer, David A. Herrick, to conduct study
of pumps and controls at the Burdick Station.
Interim hydro-pneumatic system to be constructed by the Town near the Village Circle tanks in
compliance with Town Engineer, David A. Herrick specifications. A $35,000.00 payment from
each Applicant/Developer ($70,000.00 total) shall be made to the Town if the above Booster
System is in place to serve the PDA by 12/31/2012. Approval of Phase One PDA build out shall
8
APPROVED
be contingent on interim hydro-pneumatic system in compliance with Town Engineer, David A.
Herrick specifications.
2. Sewer:
Total number of Village Solars/ Village Circle Warren Road Sewer District (WRSD) units
following PDA build out on both applications capped at 470 WRSD units.
Town Engineer, David A. Herrick, to provide calculation of a new 20 year WRSD design flow,
given the additional 470 PDA units and other potential future development.
Amendment to the IMA between TOL/WRSD, Village of Lansing, and Village of Cayuga
Heights to acknowledge the new 20 year design flow, given the additional PDA units and other
potential future development.
3. Stormwater:
Approval of the PDA is contingent upon Town Engineer, David A. Herrick's approval of the
Applicants/Developers' storm water control erosion plan(SWPPP).
Applicants/Developers shall provide Runoff reduction volume (RRv) sizing criteria in
compliance with NYSDEC GP-0-010-01 regulations, as addressed by the Town Engineer, David
A. Herrick.
Applicants/Developers shall adhere to NYSDEC Design Manual specifications for green
infrastructure. Adherence to be confirmed by Town Engineer, David A. Herrick.
Applicants/Developers shall provide full description of PDA large water feature sources and
impact of bedrock conditions regarding initial construction and long term sustainability; Final
design to be approved by David A. Herrick.
4. Bus Shelter to be constructed and located on Warren Road near east/west walkway if TCAT
approves placement of proposed bus shelter on Warren Road.
5. Community Areas to be completed within two (2) years of commencement of PDA construction.
6. Trails/Pathways:
Applicants/Developers shall construct and maintain all trails and pathways located within the
PDA.
If requested by the Town, Applicants/Developers shall dedicate land in fee or easement to the
Town of Lansing for the PDA trails and pathways within 6 months of final approval of the
projects and PDA.
9
APPROVED
The Lansing Pathways Committee, in conjunction with the Town of Lansing Department of
Parks and Recreation, shall produce, in a timely manner, a Master Plan delineating how the
trails/pathways shall connect into and out of the PDA and also depicting precisely where the
proposed easements of fee dedications of land to the Town for said trails/pathways shall be
located.
7. Roads:
Applicants/Developers shall dedicate to the Town a 60 foot right of way / easement for a
potential future road and/or pathway within the PDA linking Dutch Mill and Village South
roads.
Applicants/Developers shall dedicate to the Town a 60 foot right of way / easement for a
potential future road and/or pathway within the PDA linking Village Circle North and
Springbrook Circle roads.
The road section on Village Place within the PDA shall be deeded to the Town pursuant to a
prior agreement between Rocco Lucente and the Town.
The new PDA road depicted in the PDA site plans shall be the primary entrance into the project
and remain a private road to be maintained by the Developers.
8. Approval of the PDA is contingent upon the Town of Lansing Highway Superintendent review
of the road infrastructure layout within the proposed PDA.
9. Stephen Ferranti, SRF Associates, traffic consultant shall be retained on behalf of the Town to
determine the scope and extent of a traffic impact study intended to address Town and County
concerns, as recommended by Town Engineer,David A. Herrick.
Stephen Ferranti, SRF Associates, to review and comment on the final traffic study to be
conducted by Applicants/Developers' Engineer.
and it is further
RESOLVED, that, pursuant to Section 706 et seq. of the Town of Lansing Land Use Ordinance,
the Lansing Planning Board hereby recommends to the Town Board that the Town Board adopt
the following additional conditions recommended by the Planning Board, based on its site plan
review on July 9, 2012 and the recommendations Town of Lansing Engineer, David A. Herrick,
T.G. Miller, P.C. in conjunction with the Planning Board's preliminary overall site plan review
and environment assessment:
1. Applicants to submit additional projected WRSD sewer unit projections and calculations
(in both projected units and projected usage gallons per day) respecting sewer projection
and capacity for the common areas within the PDA;
2. The TB should consider the desirability of construction of a TCAT bus pull-off area on
Warren Road or elsewhere to safely service citizen bus transit to and from the PDA.
10
APPROVED
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 declare its Notice of Intent to act as SEQR Lead
Agency and set public hearing(s) for Town Board consideration of the PDA and SEQR review,
said hearing(s) to be held by the Town Board within 45 days of this resolution, pursuant to
Section 706.6.1 of the Town of Lansing Land Use Ordinance. Pursuant to Section 706.6.1 of the
Town of Lansing Land Use Ordinance, Town Board conditional approval or disapproval of the
PDA is to be issued by the Town Board within 30 days of said Town Board public hearing(s).
July 9, 2012
Waive Public Hearings
Larry Sharpsteen made a motion to waive the Public Hearings on SEQR and Overall
Site Plan Review for the following cases;
• Bill Duthie,Verizon Lane
• Stephen Williamson, Meyers Park
• Davis, H. Floyd, Lake Forest Lane, P/O 32.-1-37.428
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) Larry Sharpsteen, Member
Vote of Planning Board . . . (Aye) Norman L. Davidson, Chairman
Site Plan & SEQR Review, Bill Duthie-United Storage, Verizon Lane,
Tax Parcel # 30.-1-16.32
Mr. Duthie appeared before the Board requesting Site Plan Review in order to erect a
cold storage building on the above parcel.
Tompkins County Planning Department offered the following
comments/recommendations;
11
APPROVED
Tompkins County �:� ° /g54�1E6*.
DEPARTMENT OF PLANNING ` ��' •
121 East Court Street
Ithaca,New York 14850
Edward C.Marx,AICP
Commissioner of Planning »' u_* * * rt Telephone(607)274-5560
and Community Sustainability Fax(607)274-5578
June 12,2012
Ms.Rachel Jacobson,Zoning Clerk
Town of Lansing
Box 186
Lansing,NY 14882
Re: Review Pursuant to§239—1,-m and—n of the New York State General Municipal Law
Action: Site Plan for Additional Storage Building at 431 Auburn Road,Town of Lansing Tax
Parcel No.30.-1-16.32,Bill Duthie,Owner/Applicant.
Dear Ms.Jacobson:
This letter acknowledges your referral of the proposal identified above for review and comment by the
Tompkins County Planning Department pursuant to§239—1,-m and—n of the New York State General
Municipal Law.The Department has reviewed the proposal,as submitted,and has determined that it may have
negative inter-community,or county-wide impacts as described below.We recommend modification of the
proposal.If the Board does not incorporate the recommendations,such approval will require a vote of a
supermajority(meaning a majority plus one)of all members of the decision-making body.
Recommended Modifications
• To help protect water quality,we recommend that the Town require a minimum 50-foot,no-build
buffer to the intermittent stream that follows the parcel's southern boundary.This buffer should be
measured from the top of the stream bank and maintained as natural vegetation.Although this may
require relocation of the proposed building there appears to be more than adequate room on the site to
accommodate both the buffer and the new building.
Please inform us of your decision so that we can make it a part of the record.
Sincerely,
Edward C.Marx,AICP
Commissioner of Planning
and Community Sustainability
Indusion through Diversity
12
APPROVED
Larry Sharpsteen states the construction should not block the drainage per normal
consideration, however, he does not ever remember this being a stream, but maybe a
ditch. Mr. Sharpsteen suggested that the building not impede or impose on the existing
drainage, and reduce the buffer to 35 ft.
Larry Sharpsteen made a motion stating the 35 ft projected between the building and
the existing drainage is adequate and the 50 ft is excessive. David Hatfield 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) At Fiorille, Member
Vote of Planning Board . . . (Aye) David Hatfield, Member
Vote of Planning Board . . . (Aye) Larry Sharpsteen, Member
Vote of Planning Board . . . (Aye) Norman L. Davidson, Chairman
The Planning Board Members reviewed Part I and completed Part II of the Full
Environmental Assessment Form.
Thomas Ellis offered the following Resolution. David Hatfield 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) Larry Sharpsteen, Member
Vote of Planning Board . . . (Aye) Norman L. Davidson, Chairman
RESOLUTION PB 12-38
RESOLUTION OF THE TOWN OF LANSING PLANNING BOARD
ISSUING NEGATIVE DECLARATION OF
ENVIRONMENTAL SIGNIFICANCE
RESPECTING SEQR ENVIRONMENTAL REVIEW OF
BILL DUTHIE STORAGE BUILDING SITE PLAN
WHEREAS, Bill Duthie ("Applicant"), has submitted, for consideration and approval from the
Lansing Planning Board, a Site Plan for the proposed 6000 square foot commercial rental storage
facility located on Verizon Lane, Lansing, New York, Tax Map Parcel # 30.-1-16.32 to be
located on a 9.14+/- acre parcel, owned by the Applicant and located on Verizon Drive, Lansing,
New York and otherwise known as Map Parcel# 30.-1-16.32 within the IR Zoning District; and
13
APPROVED
WHEREAS, this is an Unlisted Action under the State Environmental Quality Review Act
which requires environmental review; and
WHEREAS, the Town of Lansing Planning Board has responsibility for approving or carrying
out the action pursuant to State Law governing local environmental review; and
WHEREAS, the requisite General Municipal Law 239 Referrals of Article 12-8 and any
interested and/or involved agency referrals have been duly effected by the Town of Lansing
Planning Department, and those agencies have been given the opportunity to comment and any
responses have been duly reviewed and considered by the Lansing Planning Board; and
WHEREAS, by correspondence dated June 12, 2012, the Tompkins County Department of
Planning has formally recommended a 50 foot no build buffer to the intermittent stream that
follows the parcel's southern boundary; and
WHEREAS, the Planning Board, by super-majority vote, and upon a thorough review of the
application and site plan materials, a discussion of the potential water quality impacts, the lack of
slope of the parcel at issue, and the nature of the intermittent stream at issue, has determined that
a 35 foot no-build buffer clearance area to the intermittent stream that follows the parcel's
southern boundary is sufficient, and
WHEREAS, the Town of Lansing Planning Board determined to waive a public hearing
concerning the environmental review, pursuant to the State Environmental Quality Review Act
("SEQR"), of the proposed site plan application ; and
WHEREAS, on January 9, 2012, the Town of Lansing Planning Board, in performing its
function in conducting an environmental review in accordance with Article 8 of the New York
State Environmental Conservation Law — the State Environmental Quality Review Act
("SEQR"), (i) pursued its thorough review of the applicant's completed Short Environmental
Assessment Form ("EAF") Part I, and any and all other documents prepared and submitted with
respect to this proposed action and its environmental review, and (ii) thoroughly analyzed the
potential relevant areas of environmental concern of the project to determine if the proposed
action may have a significant adverse impact on the environment, including the criteria identified
in 6 NYCRR Section 617.7(c), and (iii) reviewed and completed the EAF, Part II on the record
and, if necessary, Part III;
NOW, THEREFORE,BE IT RESOLVED AS FOLLOWS:
The Town of Lansing Planning Board, based upon (i) its thorough review of the EAF, Part I, and
any and all other documents prepared and submitted with respect to this proposed action and its
environmental review, (ii) its thorough review of the potential relevant areas of environmental
concern of the proposed project to determine if the proposed action may have a significant
adverse impact on the environment, including the criteria identified in 6 NYCRR Section
617.7(c), and (iii) its completion of the EAF, Part II (and, if applicable, Part III), including the
14
APPROVED
findings noted thereon (which findings are incorporated herein as if set forth at length), hereby
makes a negative determination of environmental significance ("NEGATIVE
DECLARATION") in accordance with SEQR for the above referenced proposed action, and
determines that an Environmental Impact Statement will not be required, and it is
FURTHER RESOLVED that, if a Type I action, the Planning Board Clerk deliver and/or file a
copy of this Resolution with the following persons and agencies:
1. The Town Clerk of the Town of Lansing;
2. The Town Supervisor of the Town of Lansing;
3. All Involved and Interested Agencies;
4. Any person requesting a copy;
and further, if a Type I Action, that this Resolution be posted and published in accord with law,
including delivery of a copy of this Resolution to the Environmental Notice Bulletin, 625
Broadway, Room 538, Albany,New York 12233-1750 in accord with 6 NYCRR 617.12.
Dated: July 9, 2012
Thomas Ellis offered the following conformed Resolution. David Hatfield 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) Larry Sharpsteen, Member
Vote of Planning Board . . . (Aye) Norman L. Davidson, Chairman
RESOLUTION PB 12-39
RESOLUTION OF THE LANSING PLANNING BOARD
APPROVING THE BILL DUTHIE STORAGE BUILDING
SITE PLAN
WHEREAS, Bill Duthie ("Applicant"), has submitted, for consideration and approval from the
Lansing Planning Board, a Site Plan for the proposed 6000 square foot expansion of the
commercial rental storage facility located on Verizon Lane, Lansing,New York, Tax Map Parcel
# 30.-1-16.32 to be located on a 9.14 +/- acre parcel, owned by the Applicant and located on
15
APPROVED
Verizon Drive, Lansing, New York and otherwise known as Map Parcel# 30.-1-16.32 within the
IR Zoning District; and
WHEREAS, the requisite General Municipal Law 239 Referrals of Article 12-8 and any
interested and/or involved agency referrals have been duly effected by the Town of Lansing
Planning Department, and those agencies have been given the opportunity to comment and any
responses have been duly reviewed and considered by the Lansing Planning Board; and
WHEREAS, by correspondence dated June 12, 2012, the Tompkins County Department of
Planning has formally recommended a 50 foot no build buffer to the intermittent stream that
follows the parcel's southern boundary; and
WHEREAS, the Planning Board, by super-majority vote, and upon a thorough review of the
application and site plan materials, a discussion of the potential water quality impacts, the lack of
slope of the parcel at issue, and the nature of the intermittent stream at issue, has determined that
a 35 foot no-build buffer clearance area to the intermittent stream that follows the parcel's
southern boundary is sufficient, and
WHEREAS,this action is classified as an Unlisted Action, pursuant to 6 NYCRR Part 617 et
seq. of the State Environmental Quality Review Act, which requires environmental review of the
impacts of the project; and
WHEREAS, at the Lansing Planning Board Meeting, held on July 9, 2012 at the Lansing Town
Hall, the Planning Board reviewed the overall revised Site Plan for proposed project; and
WHEREAS, on July 9, 2012,the Planning Board determined to waive public hearing on both
the SEQRA review and overall site plan review, due to non-complexity of the application and
lack of public controversy associated with the proposal; and
WHEREAS,on July 9,2012,the Planning Board, acting on a uncoordinated environmental review,
reviewed and accepted, as adequate, a short form Environmental Assessment Form(`EAF") Part
I, submitted by the Applicant; and the Lansing Planning Board completed Part II on the record
(and, if applicable, Part III of the EAF); and
WHEREAS, by resolution adopted July 9, 2012 the Town of Lansing Planning Board
determined that,pursuant to the provisions of the State Environmental Quality Review Act,the
16
APPROVED
proposed site plan will result in no significant impact on the environment and issued a Negative
Declaration of environmental significance for purposes of Article 8 of the Environmental
Conservation Law; and
WHEREAS, on July 9, 2012, the Planning Board duly considered and carefully reviewed the
Applicant's site plan in compliance with the requirements of the Town's Laws relative to site
plan review and respecting the proposed project in conjunction with the unique needs of the
Town, due to topography, drainage, soil types and distributions and other natural and man made
features upon and surrounding the area of the proposed Site Plan; and the Planning Board duly
considered the design objectives of the Applicant and the quality and distinctiveness of the
project proposal, in conjunction with the standards of review set forth at Section 701.4 et seq. of
the Town of Lansing Land Use Ordinance, including, but not limited to, storm-water drainage
plan, erosion controls, parking, water and sewer facilities, driveways, site lighting, on site and
off-site impacts, landscaping and/or fencing, buffering and/or screening, roads and walkways,
height limitations and compliance with other agency regulations and/or state, county and local
laws and ordinances; and the Planning Board has also considered the requirements of the Town's
Land Use Ordinance and Comprehensive Plan, and has determined compliance therewith in
conjunction with said Site Plan Application and Review; and
WHEREAS, upon due consideration and deliberation by the Town of Lansing Planning Board,
now therefore be it
RESOLVED: that the Town of Lansing Planning Board grant Final Site Plan Approval
to the Applicant for the proposed 6000 square foot commercial rental storage facility located on
Verizon Lane, Lansing, New York, Tax Map Parcel # 30.-1-16.32 to be located on a 9.14 +/-
acre parcel, owned by the Applicant and located on Verizon Drive, Lansing, New York and
otherwise known as Map Parcel # 30.-1-16.32 within the IR Zoning District subject to the
following condition:
1. 35 foot no-build Buffer zone to the intermittent stream that follows the parcel's southern
boundary.
July 9, 2012
17
APPROVED
Site Plan & SEQR Review, Stephen Williamson, Meyers Park, Tax Parcel
# 33.-1-74
Partners Stephen Williamson&Steve Jolly appeared before the Board requesting site
plan for a portable Bait &Tackle Shop.
Larry Sharpsteen inquired as to how the waste (bait) would be handled. Mr.
Williamson states he will take them home with him and freeze for frozen bait. The
water in the tanks will be recycled.
Lin Davidson inquired about a License to operate a Bait Shop. The Board provided Mr.
Williamson with a copy of the Fish Health Regulations. This will be a seasonal business
(April to November).
The Planning Board Members reviewed Part I and completed Part II of the Full
Environmental Assessment Form.
Thomas Ellis offered the following Resolution to declare a negative declaration. Larry
Sharpsteen 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) Larry Sharpsteen, Member
Vote of Planning Board . . . (Aye) Norman L. Davidson, Chairman
RESOLUTION PB 12-40
RESOLUTION OF THE TOWN OF LANSING PLANNING BOARD
ISSUING NEGATIVE DECLARATION OF
ENVIRONMENTAL SIGNIFICANCE
RESPECTING SEQR ENVIRONMENTAL REVIEW OF
STEPHEN WILLIAMSON BAIT & TACKLE FACILITY SITE PLAN
WHEREAS, Stephen Williamson ("Applicant"), has submitted, for consideration and approval
from the Lansing Planning Board, a Site Plan for a proposed 12 x 16 Bait & Tackle retail facility
to service recreational fishing at Myers Park, located at Lansing Park Road in the Town of
Lansing, New York, Tax Map Parcel # 33.-1-74 owned by the Town of Lansing and otherwise
known as Map Parcel# 33.-1-74 within the L1 Zoning District; and
WHEREAS, this is an Unlisted Action under the State Environmental Quality Review Act
which requires environmental review; and
WHEREAS, the Town of Lansing Planning Board has responsibility for approving or carrying
out the action pursuant to State Law governing local environmental review; and
18
APPROVED
WHEREAS, the requisite General Municipal Law 239 Referrals of Article 12-8 and any
interested and/or involved agency referrals have been duly effected by the Town of Lansing
Planning Department, and those agencies have been given the opportunity to comment and any
responses have been duly reviewed and considered by the Lansing Planning Board; and
WHEREAS, the Town of Lansing Planning Board determined to waive a public hearing
concerning the environmental review, pursuant to the State Environmental Quality Review Act
("SEQR"), of the proposed site plan application; and
WHEREAS, on July 9, 2012,the Town of Lansing Planning Board, in performing its function in
conducting an environmental review in accordance with Article 8 of the New York State
Environmental Conservation Law — the State Environmental Quality Review Act ("SEQR"), (i)
pursued its thorough review of the applicant's completed Short Environmental Assessment Form
("EAF") Part I, and any and all other documents prepared and submitted with respect to this
proposed action and its environmental review, and (ii) thoroughly analyzed the potential relevant
areas of environmental concern of the project to determine if the proposed action may have a
significant adverse impact on the environment, including the criteria identified in 6 NYCRR
Section 617.7(c), and (iii) reviewed and completed the EAF, Part II on the record and, if
necessary, Part III;
NOW, THEREFORE,BE IT RESOLVED AS FOLLOWS:
The Town of Lansing Planning Board, based upon(i) its thorough review of the EAF, Part I, and
any and all other documents prepared and submitted with respect to this proposed action and its
environmental review, (ii) its thorough review of the potential relevant areas of environmental
concern of the proposed project to determine if the proposed action may have a significant
adverse impact on the environment, including the criteria identified in 6 NYCRR Section
617.7(c), and (iii) its completion of the EAF, Part II (and, if applicable, Part III), including the
findings noted thereon (which findings are incorporated herein as if set forth at length), hereby
makes a negative determination of environmental significance ("NEGATIVE
DECLARATION") in accordance with SEQR for the above referenced proposed action, and
determines that an Environmental Impact Statement will not be required, and it is
FURTHER RESOLVED that, if a Type I action, the Planning Board Clerk deliver and/or file a
copy of this Resolution with the following persons and agencies:
1. The Town Clerk of the Town of Lansing;
2. The Town Supervisor of the Town of Lansing;
3. All Involved and Interested Agencies;
4. Any person requesting a copy;
and further, if a Type I Action, that this Resolution be posted and published in accord with law,
including delivery of a copy of this Resolution to the Environmental Notice Bulletin, 625
Broadway, Room 538, Albany,New York 12233-1750 in accord with 6 NYCRR 617.12.
19
APPROVED
Dated: July 9, 2012
Thomas Ellis offered the following Resolution to approve the Site Plan. David Hatfield
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) Larry Sharpsteen, Member
Vote of Planning Board . . . (Aye) Norman L. Davidson, Chairman
20
APPROVED
RESOLUTION PB 12-41
RESOLUTION OF THE LANSING PLANNING BOARD
APPROVING THE STEPHEN WILLIAMSON BAIT &TACKLE
RETAIL FACILITY AT MYERS PARK
WHEREAS, Stephen Williamson ("Applicant"), has submitted, for consideration and
approval from the Lansing Planning Board, a Site Plan for a proposed 12 x 16 Bait &
Tackle retail facility to service recreational fishing at Myers Park, located at Lansing
Park Road in the Town of Lansing, New York, Tax Map Parcel # 33.-1-74 owned by the
Town of Lansing and otherwise known as Map Parcel # 33.-1-74 within the L1 Zoning
District; and
WHEREAS, the requisite General Municipal Law 239 Referrals of Article 12-8 and any
interested and/or involved agency referrals have been duly effected by the Town of
Lansing Planning Department, and those agencies have been given the opportunity to
comment and any responses have been duly reviewed and considered by the Lansing
Planning Board; and
WHEREAS, this action is classified as an Unlisted Action, pursuant to 6 NYCRR Part
617 et seq. of the State Environmental Quality Review Act, which requires
environmental review of the impacts of the project; and
WHEREAS, at the Lansing Planning Board Meeting, held on July 9, 2012 at the Lansing
Town Hall, the Planning Board reviewed the overall revised Site Plan for proposed
project; and
WHEREAS, on July 9, 2012, the Planning Board determined to waive public hearing on
both the SEQRA review and overall site plan review, due to non-complexity of the
application and lack of public controversy associated with the proposal; and
WHEREAS, on July 9, 2012, the Planning Board, acting on a uncoordinated
environmental review, reviewed and accepted, as adequate, a short form
Environmental Assessment Form ('EAF") Part I, submitted by the Applicant; and the
Lansing Planning Board completed Part II on the record (and, if applicable, Part III of
the EAF); and
WHEREAS, by resolution adopted July 9, 2012 the Town of Lansing Planning Board
determined that, pursuant to the provisions of the State Environmental Quality Review
Act, the proposed site plan will result in no significant impact on the environment and
issued a Negative Declaration of environmental significance for purposes of Article 8 of
the Environmental Conservation Law; and
21
APPROVED
1 Lot Subdivision- Davis, H. Floyd, Lake Forest Lane, P/O 32.-1-37.428
Mr. Floyd Davis appeared before the Board for a minor Subdivision. On June 19, 2012
the Zoning Board of Appeals approved Mr. Davis's Area Variance request that would
allow him to Subdivide his property (2 Lots) granting each lot have non conforming
road frontage as shown on the below diagram.
22
APPROVED
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li ET
I g 10 = H. Floyd Davis REVISIONS
F SKETCH PLAN- LOT SUBDIVISION vrK
" Y g 54 126.Fonrt Odle,W nsln8 NY 14882 M.FLOYD DAVIS LAKE FOREST SUBDIVISION
a u (607)227-2583 LANSING(T)TOMPKINS CO
LANSING,NEW YORK 14882
APPROVED
The Tompkins County Planning Department offered the following
comments/recommendations;
24
APPROVED
.etNS r�
Tompkins County e,F,i
)/
DEPARTMENT OF PLANNING /L
121 East Court Street
Ithaca,New York 14850
Edward C.Marx,AICP
Commissioner of Planning Telephone(607)274-5560
and Community Sustainability Fax(607)274-5578
May 2,2012
Ms.Rachel Jacobson,Zoning Clerk
Town of Lansing
Box 186
Lansing,NY 14882
Re: Review Pursuant to§239-1,-m and-n of the New York State General Municipal Law
Action: One lot subdivision at 54 Lake Forest Drive,Town of Lansing Tax Parcel No.32.-1-
37.428,H.Floyd Davis,Owner/Applicant.
Dear Ms.Jacobson:
This letter acknowledges your referral of the proposal identified above for review and comment by the
Tompkins County Planning Department pursuant to§239-1,-m and-n of the New York State General
Municipal Law.The Department has reviewed the proposal,as submitted,and has determined that it may have
negative inter-community,or county-wide impacts as described below.We recommend modification of the
proposal.If the Board does not incorporate the recommendations,such approval will require a vote of a
supermajority(meaning a majority plus one)of all members of the decision-making body.
Recommended Modifications
• The Unique Natural Area in which this subdivision is proposed,Lake Cliffs(UNA-24)was established
in large part due to the rare and scare plant species found along the dry cliffs.These plant species
include the rare species of Cooper's milk vetch,creeping bush clover and elm-leaved goldenrod.Care
should be taken to inventory these plant species and adequate mitigation measures,including possibly
restricting the area of site disturbance,should be required in order to reduce the impacts of the proposed
development.
• To help protect water quality,we recommend that the Town require a minimum 50-foot,no-build
buffer to the intermittent stream which follows the parcel's southern boundary.This buffer should be
measured from the top of the stream bank and maintained as natural vegetation.
Please inform us of your decision so that we can make it a part of the record.
Sincerely,
Edward C.Marx,AICP
Commissioner of Planning
and Community Sustainability
Inclusion through Diversity
25
APPROVED
Thomas Ellis states the Applicant's statement indicates that the bank is steep and does
not support much vegetation, which only supports the 239 recommendation of 50 ft
buffer zone.
Larry Sharpsteen states the County's 239 phrase is not entirely accurate. The idea of the
buffer is to protect steep slopes. People have been building homes closer than 50 ft to
the top of the bank for years and still are. It is possible to keep the roadway back 50 ft.
from the top of the bank, but to limit the house to 50 ft is a bit overboard. The Board
agreed to have a 35 ft set back from the top of the bank. The top of the bank will have to
be delineated by T.G. Miller's at the Applicant's expense. Mr. Overstrom will be a
witness and observe.
Members did not feel it was necessary to take inventory of the plant species.
Larry Sharpsteen stated for the record, there should be no further subdivision of this
property unless the Planning Board has a full subdivision plat presented for review and
approval.
The Common driveway agreement should be executed the by the Applicant.
The Members felt that any stair/deck construction can't be constructed in the no build
zone. In addition, the deck/stair construction must be inspected and approved by the
Town Code Enforcement Office.
Members would like to see signage where the private driveway splits as well as at the
road for emergency vehicles.
Any deed restrictions of the subdivided properties are subject to Planning Board and
Town Legal Counsel review and approval prior to reverting any land frontage back to
the Applicant (H. Floyd Davis) parcel A.
For reasons previously discussed, the Board's consensus was to override the County.
Larry Sharpsteen made a motion to override the county recommendations as follows;
reducing the 50 ft no build zone to 35 ft for the house, accepting the 50 ft no build zone
for any road, and disagreeing on the inventory of the plants. 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) Larry Sharpsteen, Member
26
APPROVED
Vote of Planning Board . . . (Aye) Norman L. Davidson, Chairman
The Planning Board Members reviewed Part I and completed Part II of the Full
Environmental Assessment Form.
Thomas Ellis offered the following Resolution declaring a negative declaration. David
Hatfield 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) Larry Sharpsteen, Member
Vote of Planning Board . . . (Aye) Norman L. Davidson, Chairman
RESOLUTION PB 12-43
RESOLUTION OF THE LANSING PLANNING BOARD ISSUING A NEGATIVE
DECLARATION OF ENVIRONMENTAL SIGNIFICANCE RESPECTING THE
STATE ENVIRONMENTAL QUALITY REVIEW ("SEQR")
OF THE H. FLOYD DAVIS MINOR SUBDIVISION
WHEREAS, after submission thereof, the Lansing Planning Board has reviewed the
revised Subdivision Application submitted by H. Floyd Davis, dated June 21, 2012, for
approval of a minor residential subdivision of a 43.86 +/- acre parcel into two (2) non-
conforming lots (due to inadequate road frontage) of certain land, located at 54 Forest
Lake Drive, Lansing, New York and otherwise known as Tax Map Parcel # 32.-1-37.428
in the L1 District; and
WHEREAS, the proposed subdivision contains two non-conforming frontage lots,
Parcel "A" and Parcel "B", both of which have less than the 150 feet of road frontage
required for the L1 District; and
WHEREAS, the Applicant was granted a variance by the Town of Lansing Zoning
Board of Appeals, by Decision dated June 19, 2012, permitting new lot parcel B, a
variance permitting 75 feet of road frontage and the residual lot parcel, Parcel A, a
variance of road frontage of 88 feet, subject to the Condition that the Planning Board
consider the recommendations of the Tomkins County Department of Planning, dated
May 2, 2012, respecting a recommended 50 foot no-build buffering zone and a rare and
27
APPROVED
scarce plant species inventory with mitigation measures, given the location of the
Parcels are located in a Unique Natural area (Lake Cliffs-UNA-24); and
WHEREAS, the Tompkins County Department of Planning, by correspondence dated
May 2, 2012, made the following GML 239 recommended modifications which if not
adopted will require a super - majority (majority plus one) vote of all members of the
Planning Board in order to approve the Application:
• The Unique Natural Area in which this subdivision is proposed, Lake Cliffs (UNA-24)
was established in large part due to the rare and [scarce] plant species found along dry
cliffs. These plant species include the rare species of Cooper's milk vetch, creeping bush
clover and elm- leaved goldenrod. Care should be taken to inventory these plants species
and adequate mitigation measures, including possibly restricting the area of site
disturbance, should be required in order to reduce the impacts of the proposed
development.
• To help protect water quality, we recommend that the Town require a minimum 5o0 foot,
no build buffer to the intermittent stream which follows the parcel's southern boundary.
This buffer should be measured from the top of the stream bank and maintained as
natural vegetation.
and,
WHEREAS, the Application seeks approval of a portion of shared driveway located on
Parcel B by Parcel A and the Applicant has submitted a shared driveway agreement
and an offer to provide a provision in the Deed to Parcel B "that in the future, if and
when the Town road is built, a portion of Parcel B would be deeded over to the Town
for the purpose of road construction, or back to us [Parcel A] in order to create other
lots"; and
WHEREAS, the Tompkins County Environmental Management Council, by
correspondence dated February 13, 2012, has made comments on a preliminary
proposal and the Planning Board has duly reviewed those comments; and
WHEREAS,the subject parcel is a non-conforming minor subdivision, due to inadequate road
frontage, and this is an Unlisted Action under the State Environmental Quality Review Act
which requires environmental review; and
WHEREAS, the Applicant has submitted a Short Form Environmental Assessment
Form (EAF) for the State Environmental Quality Review (SEQR) of the proposed
Eastman minor Subdivision, said review to be Uncoordinated Review without
declaration of Lead Agency; and
28
APPROVED
WHEREAS, the requisite General Municipal Law 239 Referrals of Article 12-8 referrals
were duly effected by the Town of Lansing Planning Department, as set forth above,
and formal recommendations of the Tomkins County Department of Planning have
been duly considered and the Planning Board determined, by supermajority vote, not to
require the Applicant to undergo a rare and scarce plant inventory, as suggested by the
Tompkins County Department of Planning, finding that such an inventory is
unnecessarily onerous upon the Applicant and the site's slope plant species shall be
protected by a no-build buffer; and the Planning Board, by super-majority vote,
determined to require a 35 no-build buffer from the house and a 50 foot no-build buffer
from the road, instead of the overall 50 foot buffer recommended by the Tompkins
County Department of Planning and the 25 foot buffer requested by the Applicant, and,
upon a full review of the application and site plan materials, the Planning Board
determined that a 35 foot buffer from the house shall be adequate to protect the water
quality upon and off the site, and adequate to protect the intermittent stream and the
slopes and plant species upon the site; and
WHEREAS, on July 9, 2012, 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.
29
APPROVED
Dated: July 9, 2012
David Hatfield offered the following conformed Resolution. Larry Sharpsteen 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) Larry Sharpsteen, Member
Vote of Planning Board . . . (Aye) Norman L. Davidson, Chairman
RESOLUTION PB 12-44
RESOLUTION OF THE LANSING PLANNING BOARD APPROVING
THE H. FLOYD DAVIS SUBDIVISION,A ONE LOT MINOR SUBDIVISION
CONTAINING TWO NON CONFORMING LOTS
WHEREAS, after submission thereof, the Lansing Planning Board has reviewed the
revised Subdivision Application submitted by H. Floyd Davis, dated June 21, 2012, for
approval of a minor residential subdivision of a 43.86 +/- acre parcel into two (2) non-
conforming frontage lots of certain land, located at 54 Forest Lake Drive, Lansing, New
York and otherwise known as Tax Map Parcel # 32.-1-37.428 in the L1 District; and
WHEREAS, the proposed subdivision contains two non-conforming frontage lots,
Parcel "A" and Parcel "B", both of which have less than the 150 feet of road frontage
required for the L1 District; and
WHEREAS, the Applicant was granted a variance by the Town of Lansing Zoning
Board of Appeals, by Decision dated June 19, 2012 permitting new lot parcel B a
variance permitting 75 feet of road frontage and the residual lot parcel, Parcel A, a
variance of road frontage of 88 feet, subject to the Condition that the Planning Board
consider the recommendations of the Tomkins County Department of Planning, dated
May 2, 2012, respecting a recommended 50 foot no-build buffering zone and a rare and
scarce plant species inventory with mitigation measures, given the location of the
Parcels are located in a Unique Natural area (Lake Cliffs-UNA-24); and
WHEREAS, the Tompkins County Department of Planning, by correspondence dated
May 2, 2012, made the following GML 239 recommended modifications which if not
30
APPROVED
adopted will require a super - majority (majority plus one) vote of all members of the
Planning Board in order to approve the Application:
• The Unique Natural Area in which this subdivision is proposed, Lake Cliffs (UNA-24)
was established in large part due to the rare and (scarce] plant species found along dry
cliffs. These plant species include the rare species of Cooper's milk vetch, creeping bush
clover and elm- leaved goldenrod. Care should be taken to inventory these plants species
and adequate mitigation measures, including possibly restricting the area of site
disturbance, should be required in order to reduce the impacts of the proposed
development.
• To help protect water quality, we recommend that the Town require a minimum 5o foot,
no build buffer to the intermittent stream which follows the parcel's southern boundary.
This buffer should be measured from the top of the stream bank and maintained as
natural vegetation.
and,
WHEREAS, the requisite General Municipal Law 239 Referrals of Article 12-8 referrals
were duly effected by the Town of Lansing Planning Department, as set forth above,
and formal recommendations of the Tomkins County Department of Planning have
been duly considered and the Planning Board determined, by supermajority vote, not to
require the Applicant to undergo a rare and scarce plant inventory, as suggested by the
Tompkins County Department of Planning, finding that such an inventory is
unnecessarily onerous upon the Applicant and the site's slope plant species shall be
protected by a no-build buffer; and the Planning Board, by super-majority vote,
determined to require a 35 no-build buffer from the house and a 50 foot no-build buffer
from any road, instead of the overall 50 foot buffer recommended by the Tompkins
County Department of Planning and the 25 foot buffer requested by the Applicant, and,
upon a full review of the application and site plan materials, the Planning Board
determined that a 35 foot buffer from the house shall be adequate to protect the water
quality upon and off the site, and adequate to protect the intermittent stream and the
slopes and plant species upon the site; and
WHEREAS, the Application seeks approval of a portion of shared driveway located on
Parcel B by Parcel A, and the Applicant has submitted a shared driveway agreement
and an offer to provide a provision in the Deed to Parcel B "that in the future, if and
when the Town road is built, a portion of Parcel B would be deeded over to the Town
for the purpose of road construction, or back to us [Parcel Al in order to create other
lots"; and
31
APPROVED
WHEREAS, the Tompkins County Environmental Management Council, by
correspondence dated February 13, 2012, has made comments on a preliminary
proposal and the Planning Board has duly reviewed those comments; and
WHEREAS, this action is classified as an Unlisted Action, pursuant to 6 NYCRR Part
617 et seq. of the State Environmental Quality Review Act, which requires
environmental review of the impacts of the project; and
WHEREAS, at the Lansing Planning Board Meeting, held on July 9, 2012 at the Lansing
Town Hall, the Planning Board reviewed the overall revised Site Plan for proposed
project;and
WHEREAS, on July 9, 2012, the Planning Board determined to waive public hearing on
both the SEQRA review and overall site plan review, due to non-complexity of the
application and lack of public controversy associated with the proposal; and
WHEREAS, on July 9, 2012, the Planning Board, acting on a uncoordinated
environmental review, reviewed and accepted, as adequate, a short form
Environmental Assessment Form ('EAF") Part I, submitted by the Applicant; and the
Lansing Planning Board completed Part II on the record (and, if applicable, Part III of
the EAF); and
WHEREAS, by resolution adopted July 9, 2012 the Town of Lansing Planning Board
determined that, pursuant to the provisions of the State Environmental Quality Review
Act, the proposed site plan will result in no significant impact on the environment and
issued a Negative Declaration of environmental significance for purposes of Article 8 of
the Environmental Conservation Law; and
WHEREAS, on July 9, 2012, the Planning Board underwent preliminary and final plat
review of the proposed minor subdivision with two non conforming 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
32
APPROVED
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, on July 9, 2012, this Board, acting in Uncoordinated SEQR environmental
review without Lead Agency, reviewed and accepted as adequate a Short Environmental
Assessment Form(EAF) Part 1, submitted by the Applicant, and completed Part II and, if
applicable, Part III, on the record; and
WHEREAS, by Resolution adopted on July 9, 2012,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
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
RESOLVED: that the Town of Lansing Planning Board grant Approval of the H. Floyd
Davis Subdivision, an Application for a minor two lot residential minor subdivision of
certain land located at 54 Forest Lake Drive, Lansing, New York and otherwise known
as Tax Map Parcel #32.-1-37.428 in the L1 District subject to the following conditions:
1. Execution of Common Driveway Agreement produced by the Applicant;
2. 35 foot No-build Buffer from the house and 50 foot no-build buffer from any road;
Town Engineer,David A. Herrick,T.G Miller, to determine the delineation of the top
of the bank upon the site, so as facilitate measurement of the no-build buffer zones;
33
APPROVED
Said delineation shall be at the expense of the Applicant;
3. No further subdivision of these parcels shall be permitted without a full preliminary
subdivision plat presented to the Planning Board for review and approval;
4. Stair construction on the site to be inspected and approved by the Town Codes
Office;
5. The Applicant and future owners of the parcels shall post signage at the split of the
shared driveway so as to alert fire and rescue service personnel as to the location of
each specific lot; and
6. Any and all requested deed restrictions of the subdivided properties, respecting
reverted of lands of Parcel B back to lands of Parcel A,are subject to Planning Board
and Town Board legal counsel review and approval. Said restrictions shall not be
permitted without Planning Board and Town Board legal counsel review and
Planning Board approval.
July 9, 2012
Thomas Ellis made a motion to adjourn the Meeting. Larry Sharpsteen 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) Larry Sharpsteen, Member
Vote of Planning Board . . . (Aye) Norman L. Davidson, Chairman
34