HomeMy WebLinkAbout2012-02-13 •
APPROVED
•
Town of Lansing
Monday, February 13, 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
* Nancy Loncto Al Fiorille
* Jeffrey Overstrom, EIT
* Lorraine Moynihan Schmitt, Esq.
* Robert Cree, TB Liaison
Public Present
• Kathy Miller
Maureen Cowan
Lawrence Fabbroni Jr.
Lawrence Fabbroni Sr.
Betty Fabbroni
Ruth Hopkins
Robert Cree
Ed LaVigne
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. There were none
Election of Officers for 2012
Larry Sharpsteen and Thomas Ellis requested to remove Larry' s name as Secretary on
the previous proposed slate and replace with Richard Prybyl .
2012" Proposed Planning Board Officers
• Norman L. Davidson Chairman
Thomas Ellis Vice Chairperson
Richard Prybyl Secretary
1
APPROVED
David Hatfield Treasurer
Secretary Larry Sharpsteen has casted one vote in favor of the proposed slate.
Nancy Loncto requested that each position be voted on separately. 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) Nancy Loncto , Member
Vote of Planning Board . . . (Aye) Richard Prybyl , Member
Vote of Planning Board . . . (Abstained ) Larry Sharpsteen , Member
Vote of Planning Board . . . (Aye) Norman L. Davidson , Chairman
Norman L. Davidson Chairman
Vote of Planning Board . . . (Aye) Thomas Ellis , Member
Vote of Planning Board . . . (Aye) Al Fiorille , 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
Thomas Ellis Vice Chairperson
Vote of Planning Board . . . (Aye) Thomas Ellis , Member
Vote of Planning Board . . . (Aye) Al Fiorille , 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
Richard Prybyl Secretary
Vote of Planning Board . . . (Aye) Thomas Ellis , Member
Vote of Planning Board . . . (Aye) Al Fiorille , Member
Vote of Planning Board . . . (Aye) Nancy Loncto , Member
Vote of Planning Board . . . (Abstained) Richard Prybyl , Member
Vote of Planning Board . . . (Aye) Larry Sharpsteen , Member
Vote of Planning Board . . . (Aye) Norman L . Davidson , Chairman
• David Hatfield Treasurer
Vote of Planning Board . . . (Aye) Thomas Ellis , Member
Vote of Planning Board . . . (Aye) Al Fiorille , Member
2
APPROVED
Vote of Planning Board . . . (Abstained ) 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
Update by Engineer & Architect for Applicant- Village Solars, LLC for a
Planned Development Area Expansion, Warren Road & Village Circle
Larry Fabbroni Sr. & Son, Larry appeared before the Board with an updated Power
Point presentation for the proposed expansion of the Lucente properties also known as
Village Solars, LLC. (a paper copy DRAFT of this presentation may be obtained from
the Planning Office, located in Town Hall.
Jeff Overstrom explained that he and Town Supervisor, Kathy Miller recently met with
the Village of Lansing Mayor, Don Hartill and Cayuga Heights Engineer, Brent Cross to
discuss the sewer issues with respect to this project. Mr. Overstrom further states they
are all in agreement to move forward and are okay with the number of requested
additional units, however there are still extra steps on the administrative level that need
to be completed.
• Nancy Loncto requested that Legal Counsel identify what legal pinch points there may
be, and Jeff Overstrom provide a timeline of the sewer project.
Larry Sharpsteen indicated it was his understanding that this project is still in the " Dev
eloper' s Conference stage . Ms. Moynihan Schmitt indicated yes, although it was her
understanding that " Letters of Intent" were coming from both Villages to amend the
" 2010 Inter-Municipal Agreement" .
Jeff Overstrom expressed that the Town is looking into replacing the Water Tank and
moving it to the Bone Plane Road area which is located in the Town of Dryden. This
will create a greater flow to water pressure in the Whispering Pines, Warren Road and
this Village Circle area, however, this project will move forward, with or without the
new Water Tank .
Nancy Loncto requested that the Planning Board Members be provided with a copy of
the map showing where the proposed water tank will be placed in the Town of Dryden.
Mr. Fabbroni states they will be working with TCAT to see if they will consider coming
into the complex (Meeting House) for a pick up . If not, they will have a bus shelter on
Warren Road .
• Maureen Cowan, Chairperson for the Lansing Pathways states the Pathway Committee
has met with the Engineer and provided Mr. Fabbroni with their list of suggestions.
Ms. Cowan further states nothing was mentioned in the September 12, 2011 Minutes
3
• APPRIIVED
with respect' to this . The following was given to the Planning Clerk for the first time at
this Meeting. Ms. Cowan has great concerns that nothing was mentioned in the
Minutes .
•
•
4
APPROVED
Date: September 12, 2011
Re: Initial recommendations for pathways presented at September 12th Developer's
Conference - Preliminary Proposal by Applicant(s) Lucente Holding & Lucente Homes
for a Planned Development Area Expansion, Warren Road & Village Circle
Two Lansing Pathway Committee members (Ruth Hopkins and Jennifer Miller) met
and had a cooperative and productive meeting with Larry Fabbroni Sr. and Larry
Fabbroni Jr. on Thursday Sept 1, to review the initial plans for the proposed
development on Warren Road.
We reviewed ways in which pathways would provide recreation for residents within
the proposed development area, ways in which pathways might benefit residents by
connecting to the longer term plans for town-wide connecting paths, and ways the
paths might provide safe passage along busy Warren Road.
1 . The pathways sketched on the plan we reviewed showed
.a. paths from parking lots to the apartment buildings. These paths were
connected which will provide additional benefit of a walking path
through the development
• b. paths leading to the swimming pool and community building and to the
path that follows the east-west military lot line, and
c. paths along all the internal roads and along Warren Road.
2. We agreed with Messrs Fabbroni that paths connecting to adjacent Town
connector paths would be beneficial to the residents. These possibilities include:
• Connection to a path that might follow the Lucente lot lines leading
toward Niemi Road for a connection to Dryden pathways. This
connection would Iogically extend from the eastern edge of the military
lot line. For this reason, we recommend that an easement for the Lot line
pathway be extended on the plan sketch to the edge of the development.
• Connection to Farrell Road along an easement that would be constructed
if a water line is installed leading to this development.
• Connection to a potential future pathway leading west along the same
military lot line, adjacent to the current Cardamone development on the
northern edge of this line. This connector would benefit residents by
allowing them, in the long term as the paths are developed, to walk or use
non-motorized transportation to the Town Center and to paths toward the
Lake.
•
5
APPROVED
•
Based on this preliminary sketch and plan we recommend
1 . that the paths shown on the sketch provided be included in the
developer's agreement as the apartments are completed, block by block,
not waiting for the community building or all of the apartments.
2. that the expected surfaces be included in the developer's agreement with a
suggestion that they be either asphalt or a cinder walk as described on
pages 20- 25 of the Lansing Village Greenway Plan construction
guidelines.
3 . that the pathways along Warren Rd be maintained by the developer
during the winter months allowing safe access to the bus stop.
4. that the military lot line be extended to the eastern edge on the sketch
plan.
5. that the developer's agreement for this PDA include the understanding
• that the Military Lot Line Path would be available to others as a
community benefit.
6. that the Planning Board advise the Town Board and Pathways Committee
of the desire for a path easement along any water line easement to this
area.
7. that the sketch show plans for future connectors to such water line
pathway or to future connector toward Niemi Rd, but that such paths
need not be developed until such time as they would connect to the future
path.
8. that should the apartment buildings be sold to individual owners that the
Town be given an easement to the military lot line pathway of 10' wide,
and an easement along Warren Road.
9. that a line and easement for a foot trail (hard pack) be included on the
southern edge of the property to the north of the existing trees and where
possible through the northern wetlands panhandle shown with trees.
These would serve as a path for residents who are 'walking dogs, or
simply out getting exercise'. Given the high density and likelihood for
• many children in this area, an additional opportunity for outdoor
recreation seems warranted. Maintenance in the form of tree clipping for
this pathway could become the responsibility of the Lansing Pathways
Committee.
APPROVED
•
Ms . Moynihan Schmitt states the next step would be for the Planning Board to meet
with the Applicant and they jointly can set specifications under conditions for the
projects . At that time the Pathways would be delineated very clearly in the statement of
the Intent to Comply .
Al Fiorille inquired as to how they are going to handle the property boundary lines that
go through some of the proposed buildings . Mr. Fabbroni states they will consolidate
them.
Mr. Davidson advised Mr. Fabbroni that new Application(s) with the correct name on
them will be required, also the preliminary proposal updated .
Larry Sharpsteen stated for the record that he commends the Developer for putting in
the extra effort answering the Town' s questions and concerns with respect to
pedestrian/ trail activities within this PDA .
1111 Checklist Committee Extension
The Committee Members state they have not completed their mission and are
requesting an extension.
Nancy Loncto made a motion to extend the Committee for an additional 60 days . Al
Fiorille 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 . . . (Aye) Nancy Loncto , Member
Vote of Planning Board . . . (Aye) Richard Prybyl , Member
Vote of Planning Board . . . (Abstained ) Larry Sharpsteen , Member
Vote of Planning Board . . . (Aye) Norman L . Davidson , Chairman
Exempt Subdivisions
Nancy Loncto requested that the Planning Office provide the Planning Board Members
with a Map showing all the Exempt Subdivisions that have occurred over the last three
years. This information shall be provided to the Planning Board within 45 days of this
request.
• Update on Amendments to Open Meeting Law § 103
Members were presented with the updated information. The Town has already taken
these steps by providing this information on our website . Mr . Overstrom advised the
7
APPROVED
•
Members that the Town is working with the Tompkins County Clerk' s Office to go
paperless .
Approval/Denial of January 9th & January 23rd 2012 Minutes
January 9, 2012
Thomas Ellis: Page 3 under Site Plan Review-Expansion
Remove the word cold and replace with unheated storage.
Second paragraph: add in parentheses Route 34 side and or Atwater side.
Front is defined as : Atwater Road
Rear is defined as: Route 34
This should be documented on the Plat for future reference .
Remove the d on the used and delete the word an.
Paragraph 7: per say should read per se
• Page 10: under # 4 Rte 34 & Atwater should be added where appropriate.
Richard Prybyl made a motion to approve the Minutes of January 09, 2012 as amended .
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) Richard Prybyl , Member
Vote of Planning Board . . . (Aye) Larry Sharpsteen , Member
Vote of Planning Board . . . (Aye) Norman L. Davidson , Chairman
Minutes of January 23, 2012
Larry Sharpsteen made a motion to approve as presented . 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) 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
8
APPROVED
•
Larry Sharpsteen made a motion to adjourn the Meeting at 9 :12 PM . 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) 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
•
•
9
APPROVED
•
Town of Lansing
Monday, February 13, 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
* Nancy Loncto Al Fiorille
* Jeffrey Overstrom, EIT
* Lorraine Moynihan Schmitt, Esq.
* Robert Cree, TB Liaison
Public Present
• Kathy Miller
Maureen Cowan
Lawrence Fabbroni Jr.
Lawrence Fabbroni Sr.
Betty Fabbroni
Ruth Hopkins
Robert Cree
Ed LaVigne
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 . There were none
Election of Officers for 2012
Larry Sharpsteen and Thomas Ellis requested to remove Larry' s name as Secretary on
the previous proposed slate and replace with Richard Prybyl .
2012" Proposed Planning Board Officers
• Norman L. Davidson Chairman
. Thomas Ellis Vice Chairperson
Richard Prybyl Secretary
1
APPROVED
•
David Hatfield Treasurer
Secretary Larry Sharpsteen has casted one vote in favor of the proposed slate .
Nancy Loncto requested that each position be voted on separately . 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 ) Nancy Loncto , Member
Vote of Planning Board . . . ( Aye ) Richard Prybyl , Member
Vote of Planning Board . . . (Abstained ) Larry Sharpsteen , Member
Vote of Planning Board . . . (Aye ) Norman L . Davidson , Chairman
Norman L. Davidson Chairman
Vote of Planning Board . . . (Aye ) Thomas Ellis , Member
Vote of Planning Board . . . (Aye ) Al Fiorille , 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
Thomas Ellis Vice Chairperson
Vote of Planning Board . . . (Aye) Thomas Ellis , Member
Vote of Planning Board . . . (Aye) Al Fiorille , 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
Richard Prybyl Secretary
Vote of Planning Board . . . (Aye ) Thomas Ellis , Member
Vote of Planning Board . . . (Aye ) Al Fiorille , Member
Vote of Planning Board . . . (Aye ) Nancy Loncto , Member
Vote of Planning Board . . . (Abstained ) Richard Prybyl , Member
Vote of Planning Board . . . (Aye ) Larry Sharpsteen , Member
Vote of Planning Board . . . (Aye ) Norman L . Davidson , Chairman
• David Hatfield Treasurer
Vote of Planning Board . . . (Aye ) Thomas Ellis , Member
Vote of Planning Board . . . (Aye ) Al Fiorille , Member
2
APPROVED
•
Vote of Planning Board . . . (Abstained ) 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
Update by Engineer & Architect for Applicant- Village Solars, LLC for a
Planned Development Area Expansion, Warren Road & Village Circle
Larry Fabbroni Sr . & Son, Larry appeared before the Board with an updated Power
Point presentation for the proposed expansion of the Lucente properties also known as
Village Solars, LLC . (a paper copy DRAFT of this presentation may be obtained from
the Planning Office, located in Town Hall .
Jeff Overstrom explained that he and Town Supervisor, Kathy Miller recently met with
the Village of Lansing Mayor, Don Hartill and Cayuga Heights Engineer, Brent Cross to
discuss the sewer issues with respect to this project. Mr . Overstrom further states they
are all in agreement to move forward and are okay with the number of requested
additional units, however there are still extra steps on the administrative level that need
to be completed .
• Nancy Loncto requested that Legal Counsel identify what legal pinch points there may
be, and Jeff Overstrom provide a timeline of the sewer project.
Larry Sharpsteen indicated it was his understanding that this project is still in the " Dev
eloper' s Conference stage . Ms . Moynihan Schmitt indicated yes, although it was her
understanding that " Letters of Intent" were coming from both Villages to amend the
" 2010 Inter-Municipal Agreement" .
Jeff Overstrom expressed that the Town is looking into replacing the Water Tank and
moving it to the Bone Plane Road area which is located in the Town of Dryden. This
will create a greater flow to water pressure in the Whispering Pines, Warren Road and
this Village Circle area, however, this project will move forward, with or without the
new Water Tank.
Nancy Loncto requested that the Planning Board Members be provided with a copy of
the map showing where the proposed water tank will be placed in the Town of Dryden.
Mr. Fabbroni states they will be working with TCAT to see if they will consider coming
into the complex (Meeting House) for a pick up . If not, they will have a bus shelter on
Warren Road .
• Maureen Cowan, Chairperson for the Lansing g P athways states the Pathway Committee
has met with the Engineer and provided Mr . Fabbroni with their list of suggestions .
Ms . Cowan further states nothing was mentioned in the September 12, 2011 Minutes
3
• APPROVED
with respect to this . The following was given to the Planning Clerk for the first time at
this Meeting . Ms . Cowan has great concerns that nothing was mentioned in the
Minutes .
•
•
4
P
A • PROVED
•
Date: September 12, 2011
Re: Initial recommendations for pathways presented at September 12th Developer's
Conference - Preliminary Proposal by Applicant(s) Lucente Holding & Lucente Homes
for a Planned Development Area Expansion, Warren Road & Village Circle
Two Lansing Pathway Committee members (Ruth Hopkins and Jennifer Miller) met
and had a cooperative and productive meeting with Larry Fabbroni Sr. and Larry
Fabbroni Jr. on Thursday Sept 1 , to review the initial plans for the proposed
development on Warren Road.
We reviewed ways in which pathways would provide recreation for residents within
the proposed development area, ways in which pathways might benefit residents by
connecting to the Ionger term plans for town-wide connecting paths, and ways the
paths might provide safe passage along busy Warren Road.
1 . The pathways sketched on the plan we reviewed showed
a . paths from parking lots to the apartment buildings. These paths were
connected which will provide additional benefit of a walking path
through the development
• b. paths leading to the swimming pool and community building and to the
path that follows the east-west military lot line, and
c . paths along all the internal roads and along Warren Road.
2. We agreed with Messrs Fabbroni that paths connecting to adjacent Town
connector paths would be beneficial to the residents. These possibilities include:
• Connection to a path that might follow the Lucente lot lines leading
toward Niemi Road for a connection to Dryden pathways. This
connection would Iogically extend from the eastern edge of the military
lot line. For this reason, we recommend that an easement for the Lot line
pathway be extended on the plan sketch to the edge of the development.
• Connection to Farrell Road along an easement that would be constructed
if a water line is installed leading to this development.
• Connection to a potential future pathway leading west along the same
military lot line, adjacent to the current Cardamons development on the
northern edge of this line. This connector would benefit residents by
allowing them, in the long term as the paths are developed, to walk or use
non-motorized transportation to the Town Center and to paths toward the
Lake .
•
5
APPROVED
•
Based on this preliminary sketch and plan we recommend
1 . that the paths shown on the sketch provided be included in the
developer's agreement as the apartments are completed, block by block,
not waiting for the community building or all of the apartments.
2 . that the expected surfaces be included in the developer' s agreement with a
suggestion that they be either asphalt or a cinder walk as described on
pages 20- 25 of the Lansing Village Greenway Plan construction
guidelines.
3 . that the pathways along Warren Rd be maintained by the developer
during the winter months allowing safe access to the bus stop.
4 . that the military lot line be extended to the eastern edge on the sketch
plan.
5. that the developer's agreement for this PDA include the understanding
• that the Military Lot Line Path would be available to others as a
community benefit.
6. that the Planning Board advise the Town Board and Pathways Committee
of the desire for a path easement along any water line easement to this
area .
7. that the sketch show plans for future connectors to such water line
pathway or to future connector toward Niemi Rd, but that such paths
need not be developed until such time as they would connect to the future
path.
8 . that should the apartment buildings be sold to individual owners that the
Town be given an easement to the military lot line pathway of 10' wide,
and an easement along Warren Road .
9 . that a line and easement for a foot trail (hard pack) be included on the
southern edge of the property to the north of the existing trees and where
possible through the northern wetlands panhandle shown with trees.
These would serve as a path for residents who are 'walking dogs, or
simply out getting exercise' . Given the high density and Iikelihood for
• many children in this area, an additional opportunity for outdoor
recreation seems warranted. Maintenance in the form of tree clipping for
this pathway could become the responsibility of the Lansing Pathways
Committee.
i
.
• APPROVED
•
Ms . Moynihan Schmitt states the next step would be for the Planning Board to meet
with the Applicant and they jointly can set specifications under conditions for the
projects . At that time the Pathways would be delineated very clearly in the statement of
the Intent to Comply .
Al Fiorille inquired as to how they are going to handle the property boundary lines that
go through some of the proposed buildings . Mr . Fabbroni states they will consolidate
them.
Mr. Davidson advised Mr . Fabbroni that new Application (s) with the correct name on
them will be required, also the preliminary proposal updated .
Larry Sharpsteen stated for the record that he commends the Developer for putting in
the extra effort answering the Town' s questions and concerns with respect to
pedestrian/ trail activities within this PDA .
• Checklist Committee Extension
The Committee Members state they have not completed their mission and are
requesting an extension.
Nancy Loncto made a motion to extend the Committee for an additional 60 days . Al
Fiorille 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 . . . (Aye ) Nancy Loncto , Member
Vote of Planning Board . . . ( Aye ) Richard Prybyl , Member
Vote of Planning Board . . . (Abstained ) Larry Sharpsteen , Member
Vote of Planning Board . . . (Aye ) Norman L . Davidson , Chairman
Exempt Subdivisions
Nancy Loncto requested that the Planning Office provide the Planning Board Members
with a Map showing all the Exempt Subdivisions that have occurred over the last three
years . This information shall be provided to the Planning Board within 45 days of this
request.
• Update on Amendments to Open MeetingLaw
p § 103
Members were presented with the updated information. The Town has already taken
these steps by providing this information on our website . Mr. Overstrom advised the
7
APPROVED
•
Members that the Town is working with the Tompkins County Clerk' s Office to go
paperless .
Approval/Denial of January 9th & January 23rd 2012 Minutes
January 9, 2012
Thomas Ellis : Page 3 under Site Plan Review-Expansion
Remove the word cold and replace with unheated storage .
Second paragraph: add in parentheses Route 34 side and or Atwater side .
Front is defined as: Atwater Road
Rear is defined as : Route 34
This should be documented on the Plat for future reference .
Remove the d on the used and delete the word an.
Paragraph 7: per say should read per se
• Page 10: under # 4 Rte 34 & Atwater should be added where appropriate .
Richard Prybyl made a motion to approve the Minutes of January 09, 2012 as amended .
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 ) Richard Prybyl , Member
Vote of Planning Board . . . (Aye ) Larry Sharpsteen , Member
Vote of Planning Board . . . (Aye ) Norman L . Davidson , Chairman
Minutes of January 23, 2012
Larry Sharpsteen made a motion to approve as presented . 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) 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
8
•
• APPROVED
Larry Sharpsteen made a motion to adjourn the Meeting at 9: 12 PM . 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) 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
S
9
•
Town of Lansing Planning Board Meeting
February 13 , 2012
Visitors Please Sign In Below : (Please Print)
Name Address
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• http : //www . lansingtown . corn/
Cache ) Jacobsen
,:from : Rachel Jacobsen [tolcodes@twcny. rr. com ]
Sent : Monday, January 30, 2012 8 :00 AM
To : 'kfuller@tompkins-co . org'
Subject : RE : Request for Meeting Dates
Attachments : 2012 Calendar of PB Meeting Dates . pdf; ZBA 2012 Schedule of Meetings . pdf
Karen ,
Please see attached Planning Board and Zoning Board 2012 schedule for the Town of Lansing .
Thank you ,
Rachel Jacobsen
Planning/ Zoning/ Code Clerk
Original Message
From : Debbie Crandall fmailto : townclrkOtwcny . rr . coml
Sent : Friday , January 27 , 2012 12 : 25 PM
To : Karen Fuller
Cc : Rachel Jacobsen
Subject : Re : Request for Meeting Dates
Hi Karen :
the Town of Lansing Town Board Meetings are :
Work Sessions - 1st Wednesday of the Month Regular Meeting - 3rd Wednesday of the Month and
Special Meetings as needed .
Held at 6 : 00 p . m . - Town Hall Board Room -
29 Auburn Road , Lansing , N . Y .
I have forwarded this message to Rachel Jacobsen , Clerk for the Planning Board and ZBA
Meetings and she will send those to you .
Have a good weekend Karen .
Debbie
Original Message
From : " Karen Fuller " < kfullerOtompkins - co . org>
To : " Mary Mills " < mmillsOcayuga - Heights . ny . us > ; " Katherine Crance "
< Townclerk@centralny . twcbc . com > ; " Annie Sherman "
< ashermanOcityofithaca . org > ; " Carolyn Peterson " < carolynpjcityofithaca . org > ; " Daniel Cogan "
< danielcOcityofithaca . org > ; " Ellen McCollister "
< emccollisterPcityofithaca . org > ; " Eddie Rooker " < erookerOcityofithaca . org > ;
< erosario0cityofithaca . org > ; " GM McGonigal " < gmcgonigal(acityofithaca . org > ; " Jennifer Dotson "
< idotson(Thcityofithaca . org > ; " Julie Holcomb "
< iuliehTcityofithaca . org > ; " Joel Zumoff " cizumoffPcityofithaca . org > ; " Ruth Aslanis "
loruthaPcityofithaca . org > ; " Svante Myrick "
smyrickPcityofithaca . org > ; " Edward Strong " < ers37(dcornell . edu > ; " Hank Dullea "
< hnd1Ocornell . edu > ; " Debra Marrotte " < InfooDryden - NY . org > ; " Bambi Avery "
< townclerk(adryden . ny . us > ; " Stephanie McConnell "
< freevilleclerk(a,frontiernet . net > ; " Cora Yao " < cora . yao(algmail . com > ; " Charles Rankin "
<grotonvilftmail . com > ; " April Scheffler " < townclerkftrotontown . com > ; " Alice Linton "
< enfieldclerkPhotmail . com > ; " Deb Mohlenhoff "
1
< dmohlen(aithaca . edu > ; " Vincent Sierra " < vsierra(sscc - ithaca . org> ; " Paulette Terwilliger "
AlliPTerwilligerOtown . ithaca . nv . us > ; " Paulette Terwilliger "
IlIftownclerkOtown . ithaca . ny . us > ; " Marilou Harrington "
< clerkttownofcaroline . org > ; " Tammy Morse " < clerk(dtrumansburg - ny . gov > ;
< jclairboitwcny . rr . com > ; " Nancy Schuler " < nschulerPtwcny . rr . com > ; " Tom Frank "
< tfrank(altwcny . rr . com > ; " Marsha Georgia " < touclerk(a)twcny . rr . com > ; " Deb Crandall "
< townclrkOtwcny . rr . com > ; " Jodi Dake " < clerk(alvlansing . org >
Sent : Friday , January 27 , 2012 12 : 08 PM
Subject : Request for Meeting Dates
The Tompkins County Council of Governments has requested all municipal meeting dates ( Board ,
Zoning , Planning , etc . ) . Could you please forward this information to me as soon as
possible . Thank you very much .
Karen Fuller
Deputy Clerk
Tompkins County Legislature
Inclusion through Diversity
•
•
2
tachelJacobsen
From : Rachel Jacobsen [tolcodes@twcny. rr. com ]
Sent: Monday, January 30 , 2012 8 : 30 AM
To : afiorille@tompkins-co . org ; Dan Konowalow; Dittman , David ; Gregg Travis , ZBA Chairman ;
Henry ( Hurt) Sheldon ; Larry Sharpsteen ; Lin Davidson , PB Chairman ; Linda Hirvonen ; Mary
McTiernan ( mary. mctiernan@mmct. us ) ; Nancy-Work ( njs6@cornell . edu ) ; Richard Prybyl ;
tellis18@twcny. rr. com
Cc : LSchmitt@thalerandthaler. com ; Robert Cree
Subject: Public Officers Law Amended
Attachments : Public Officers Law Amended . pdf
^' Members^'
See attached . I will provide you with a hard copy at the next Meeting .
•
Thank you,
Rachel
I
110
1
4
•n-
•
111
. 457 , v.3
S .1 I J
1
ThalercThaler
MEMORANDUM - LESISLATIVE ALERT
AMENDMENTS TO OPEN MEETINGS LAW § 103
As many already may know, particularly Town Clerks, the Governor recently signed
legislation amending the Public Officers Law ( POL ), Article 7, § 103 (commonly
knows as the Open Meetings Law ("OML")), by adding a new subdivision (e) . This
legislation was signed into law upon January 3, 2012 and, by its terms, takes effect upon
February 3, 2012. This is legislation that largely flew under the radar unheralded; and
while its goals are laudable, the impacts and fiscal implications could be quite large.
Interestingly, in the legislative memorandum the local fiscal impacts were listed as
"none" - which is demonstrably false.
The text of this new law is short, but its implications are not:
• The People of the State of New York, represented in Senate and Assembly, do
enact as follows:
Section 1 . Section 103 of the public officers law is amended by adding a new
subdivision (e) to read as follows: (e) Agency records available to the public
pursuant to article six of this chapter, as well as any proposed resolution, law,
rule, regulation, policy or any amendment thereto, that is scheduled to be the
subject of discussion by a public body during an open meeting shall be
made available, upon request therefor, to the extent practicable as determined by
the agency or the department, prior to or at the meeting during which
the records will be discussed. Copies of such records may be made available for
a reasonable fee, determined in the same manner as provided therefore in article
six of this If the agency in which a public body functions maintains a
regularly and routinely updated website and utilizes a high speed internet
connection, such records shall be posted on the website to the extent practicable
as determined by the agency or the department, prior to the meeting. An agency
may, but shall not be required to, expend additional moneys to implement the
provisions of this subdivision.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law.
The first clause of § 1 seems relatively clear - extra copies of what the Board is
reviewing, or what the Board may rely upon in making a determination, must be
available either before or at the meeting so that the public is better able to follow along
Arq.
-
and understand what a Board is considering . Many towns already do this - however,
this law seems to expand the scope of current practices to require the production of
whatever is under review, including background or supporting materials, as it requires
the availability of any documents that are subject to the Freedom of Information Law
(" FOIL," also knows as POL Article 6) . There are certainly issues here to consider, and
each document must be checked to see whether it is subject to FOIL, whether it is
privileged, whether it may impact contract or other negotiations, or whether it contains
information that is prohibited from disclosure (such as personally identifying
information) .
However, and despite the workload that will be placed upon town officers and
employees by this first clause of § 1, the second clause of § 1 is problematic as is requires
the posting of such information upon the town website prior to the meeting.
So, what does this all mean, particularly considering that almost every town in New
York has a website? Here are some topics and answers to consider:
1 . This applies to any " Agency" as defined in POL Article 6; thus including the
Town Board, the Planning Board, the Board of Zoning Appeals, and other public bodies
that meet the definition of " Agency." Per POL § 86, any " Agency" means " any state or •
municipal department, board, bureau, division, commission, committee, public
authority, public corporation, council, office or other governmental entity performing a
governmental or proprietary function for the state or any one or more municipalities
thereof, except the judiciary or the state legislature."
2. The production of paper copies can allow a town to be reimbursed per the
Town' s FOIL rules or procedures, but in no case beyond what is permitted by POL
Article 6. FOIL itself has become a morass with technical rulings, substantial fines for
non-compliance, etc. FOIL was amended in 2005, 2006, 2008, and again in 2011 . In some
years there was more than one amendment, and this does not count the evolving rules
of procedure, the ongoing advisory opinions of the Committee on Open Government,
or the changes in judicial interpretation as to what is and what is not required to be
disclosed, or what is exempt from disclosure. The. "inter-agency" materials exemption
from FOIL is just one example where the law is in flux. Hence, and once again, many
towns should take a hard look at FOIL and the OML and generally update their laws or
procedures accordingly .
3 . This law requires that any document that could be required to be produced
under FOIL now be posted on a town' s website in advance of the meeting - though this
applies only to municipalities that maintain a regularly and routinely updated website
that utilizes a high speed internet connection. What is "regularly" and whether the
term "high speed" refers to the town' s access to the site or the access available to the ISP
location where the site is hosted are matters left unclear. For towns that meet this
YJ
• definition, which in this area will be most towns, great care must be exercised to
exclude items not subject to FOIL, such as inter-agency materials, sensitive materials
that are excluded from the reach of FOIL, legal advice, opinions, and other privileged
matters, and matters pertaining to personnel information or personally identifying
information of employees or citizens (see POL Article 6-A for more on -the Personal
Privacy Protection Law) . General exemptions for FOIL are spelled out in POL § 87;
however, be forewarned, POL § 87 does not cover or describe all FOIL exemptions as,
for example, there are privileges that arise in law, such as the attorney-client privilege,
the privilege against disclosure of personal medical information, or privileges
information pertaining to the mandatory non-disclosure of certain disabilities.
4. The rule seems to be one of practicality - whether it is feasible and practical to
place such records online. Thus, as of now, large plats or huge documents might not
fall under this rule; similarly, documents that arrive at the last second would not be
covered. However, most documents and submissions would be covered, such as local
laws, petitions, letters, applications, draft resolutions, etc. There are some significant
issues hiding here, such as the application of this law to Planning Boards that may be
reviewing hundreds of pages of information about a proposed subdivision, from
topographical maps, correspondences, dozens of large maps, stormwater reports,
• SWPPPs, etc . As well, there is bound to be an issue with draft resolutions. Many towns
have resolutions prepared in advance to review and document the action, and usually
the history and basis for the decision. However, to the public this may look like an issue
has been pre-determined when, in fact, we know that draft resolutions are just that -
drafts - they are often amended, updated, accepted or rejected, depending upon subject
matter, the discussion of the Town Board, including input from the public, and the
actual vote as may be tallied. But, this is not how having a draft resolution will
sometimes be perceived . . . .
5. We are unsure as to whether all bills and vouchers are subject to this rule. POL
§ 87 excludes outside audits, but does not address the internal audits of vouchers
("paying the bills") that occurs at least monthly at regular Town Board meetings.
Indeed, Town Law § 119 requires a consecutive numbering of claims (" bills" ) that must
be audited by the Supervisor, upon which an abstract is usually built and reviewed at
or before a meeting, and at which meeting the abstract is approved and bill thus are
authorized to be paid. Since this is an "action" by a covered "agency," and as § 119
requires the claims, audit, and vouchers to be publicly available for inspection, is this
then something that must be placed on the website as well? Must every bill paid at
every meeting now be posted online, together with the numbered audit and the abstract
of such bills? Really? A strict reading of this law suggests that the answer is " yes," but
we instead urge towns to consider this as impractical due to the volume of materials,
the excessive time that would be needed to redact information that is privileged or not
subject to disclosure, among other reasons. However, we also suspect that some ruling
47.
..,, �i.�
•
on this issue may be issued by the Committee on Open Government or the courts, so •
stay tuned . . . .
Overall, this law seems more about transparency of government than anything else
and in such circumstance it is probably a good idea as we live in an area where we are
blessed with many helpful and knowledgeable citizens whose informed input could
only help . The problem is the cost and developing a regular system to make sure this
happens, as well as discerning the relevant and feasible documents from those that just
cannot be scanned, or those that should not be made available (personnel matters and
litigation issues are easy examples that come to mind) .
Undertaking the role of a cynic, one cannot help but wonder webmasters, web design
and computer/ network support contractors, and ISPs, who are often paid by the hour
for this work, have a powerful lobby we have not yet heard of. Compliance with this
law for every board, commission, committee, etc., will very likely require three to six
website postings and updates monthly. Absent having qualified personnel on staff who
possess (or can learn) these skills, who have the time necessary to parse through and
scan documents, as well as the time to identify what should not be disclosed or what is
illegal to post, it seems that these outside web and Internet contractors will necessarily •
see their workloads, and their revenues, rise in the very near future.
Overall, we highly recommend that thephrase " as determined bythe agency or the •
g Y g Y
department" be take quite literally and that each town develop and approve a policy
that covers these documents and this new law. Any determination of what is posted or
what is excluded must be reasonable, and a case-by-case determination of what is
reasonable under the circumstances might prove problematic (and it could likely only
lead to complaints or claims) . The better options is to have some written policies and
procedures so that such determinations have a reasonable basis underlying and
supporting them and, as importantly, so they do not appear to be ad hoc decisions that
could be perceived as " selective bias. "
We are available to assist with the implementation of processes and procedures as may
be needed to implement a system that complies with this new law. Please feel free to
contact us for assistance:
Guy K. Krogh, Esq.. Lorraine Moynihan Schmitt, Esq.
Thaler & Thaler Thaler & Thaler
309 North Tioga Street 309 North Tioga Street
Ithaca, New York 14851-0266 Ithaca, New York 14851-0266
Telephone: (607) 272-2314 Telephone: (607) 272-2314
Facsimile: (607) 272-8466 Facsimile: (607) 272-8466
GKrogh@ThalerandThaler.com LSchmitt@ThalerandThaler.com)
•
www.ThalerandThaler.com
•
•
• on this issue may be issued by the Committee on Open Government or the courts, so
stay tuned . . . .
Overall, this law seems more about transparency of government than anything else
and in such circumstance it is probably a good idea as we live in an area where we are
blessed with many helpful and knowledgeable citizens whose informed input could
only help . The problem is the cost and developing a regular system to make sure this
happens, as well as discerning the relevant and feasible documents from those that just
cannot be scanned, or those that should not be made available (personnel matters and
litigation issues are easy examples that come to mind).
Undertaking the role of a cynic, one cannot help but wonder webmasters, web design
and computer/network support contractors, and ISPs, who are often paid by the hour
for this work, have a powerful lobby we have not yet heard of. Compliance with this
law for every board, commission, committee, etc., will very likely require three to six
website postings and updates monthly. Absent having qualified personnel on staff who
possess (or can learn) these skills, who have the time necessary to parse through and
scan documents, as well as the time to identify what should not be disclosed or what is
illegal to post, it seems that these outside web and Internet contractors will necessarily
see their workloads, and their revenues, rise in the very near future.
• Overall, we highly recommend that the hrase " as determined bythe agencyor the
P
department" be take quite literally and that each town develop and approve a policy
that covers these documents and this new law. Any determination of what is posted or
what is excluded must be reasonable, and a case-by-case determination of what is
reasonable under the circumstances might prove problematic (and it could likely only
lead to complaints or claims) . The better options is to have some written policies and
procedures so that such determinations have a reasonable basis underlying and
supporting them and, as importantly, so they do not appear to be ad hoc decisions that
could be perceived as " selective bias."
We are available to assist with the implementation of processes and procedures as may
be needed to implement a system that complies with this new law. Please feel free to
contact us for assistance:
Guy K. Krogh, Esq. Lorraine Moynihan Schmitt, Esq.
Thaler & Thaler Thaler & Thaler
309 North Tioga Street 309 North Tioga Street
Ithaca, New York 14851-0266 Ithaca, New York 14851-0266
Telephone: (607) 272-2314 Telephone: (607) 272-2314
Facsimile: (607) 272-8466 Facsimile: (607) 272-8466
GKrogh@ThalerandThaler.com LSchmitt@ThalerandThaler.com)
•
www.ThalerandThaler.com
�\
a
OPERATIONS
„a"
06/22/11 SUBSTITUTED FOR S3255B
06/22/11 3RD READING CAL.833
06/22/11 PASSED SENATE
06/22/11 RETURNED TO ASSEMBLY
12/22/11 delivered to governor
01/03/12 signed chap.603
STATE OF NEW YORK
72 - - B
Cal . No . 95
2011 - 2012 Regular Sessions
IN ASSEMBLY
( Prefiled)
•
January 5 , 2011
Introduced by .M . of A . PAULIN , MARKEY , REILLY , GALEF , CASTRO , KAVANAGH ,
PERRY , SPANO , ZEBROWSKI , LIFTON , LATIMER - - Multi - Sponsored by - - M .
411 of A . ABINANTI , GIBSON , LUPARDO , M . MILLER , THIELE , WEISENBERG - - read
once and referred to the Committee on Governmental Operations - -
reported and referred to the Committee on Ways and Means - - committee
discharged , bill amended , ordered reprinted as amended and recommitted
to said committee - - passed by Assembly and delivered to the Senate ,
recalled from the Senate , vote reconsidered , bill amended , ordered
reprinted , retaining its place on the order of third reading
AN ACT to amend the public officers law , in relation to requiring
certain records which are the subject of a discussion conducted at an
open meeting be made available to the public
The Peo • le of the State of New York , re • resented in Senate and Assem-
•
h� , do enact as follows :
1 Section 1 . Section 103 of the public officers law is amended by adding
2 a new subdivision ( e ) to read as follows :
3 e A •: encrecords available to the .
4 this chaster as well as an ublic :'Pursuant to article six of
5 • olic . or an . amendment thereto • �that risoscheduledlutionaw to belthere
sub'ectoof
6 discussion b . a :. ublic hod during.
7 able an o • en meeting: shall be made avail -
u .gon re .: : est therefor to the extent :'Practicable as determined b .
8 the agencor the de . artment :'prior to or at the meeting: during: which
9 the records will be discussed . Co :. ies of such records ma '. be made
• 10 available for a reasonable fee determined in the same manner as
11 'provided therefor in article six of this chaster . If the a •: enc in
12 which a 'Public bod functions maintains a reg:
13 1/ lactated website and utilizes a high sslarl . and routinel .
eed Internet connection such
1 /23/2012
4 Df
14 records shall be posted on the website to the extent practicable as
15 determined by the agency or the department , prior to the meeting . AS
EXPLANATION - -Matter in italics ( underscored ) is new ; matter in . brackets
[ — ] is old law to be omitted .
LBD00911 - 11 - 1
A . 72 - - B 2
1 agency may , but shall not be required to , expend additional moneys to
2 implement the provisions of this subdivision .
3 § 2 . This act shall take effect on the thirtieth day after it shall
4 have become a law .
NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER : A72B
S PONSOR : Paulin ( MS )
TITLE OF BILL : An act to amend the public officers law , in relation
t o requiring certain records which are the subject of a discussion
conducted at an open meeting be made available to the public
411
PURPOSE : To require that certain records , which are scheduled to be
t he subject of discussion at an open meeting , be made available , to the
e xtent practicable , prior to or at such meeting .
SUMMARY OF PROVISIONS : Section one amends section 103 of the Public
O fficers Law by adding a new subdivision ( e. ) . This new subdivision
✓ equires that certain records , which are scheduled to be the subject of
discussion by a public body during an open meeting , shall be made avail -
able , upon request therefor , to the extent practicable as determined by
the agency or department , prior to or at the meeting . Copies of such
records may be made available for a reasonable fee , determined in the
same manner as for a FOIL request . If the agency in which a public body
functions maintains a regularly and routinely updated website and
u tilizes a high - speed Internet connection , such records shall be posted
on the website to the extent practicable as determined by the agency or
department , prior to the meeting . This section also clarifies that an
agency may , but shall not be required to , expend additional moneys to
implement the provisions of this section .
Section two defines the effective date as thirty days following the
enactment date .
JUSTIFICATION : In many instances , a public body covered by the Open J •
Meetings Law conducts a discussion of a record which was not made avail -
able to the public prior to or at the meeting . Thus , although members of
1 /23/2012
theublic are
ppresent at the meeting , they are unable to observe the
0 proceedings in a meaningful way . This legislation seeks to implement the
recommendations made by the Committee on Open Government to correct this
problem and enhance the public ' s right to observe the decision -making
process .
If enacted into law , this bill would require that public bodies covered
by the Open Meetings Law make records available to the public that are
scheduled to be discussed at the body ' s meeting . Specifically , this
legislation would require that such records be made available to the
public , upon request therefor , to the extent practicable as determined
by the agency , prior to or at the meeting , and posted on the relevant
agency ' s website , if it maintains a regularly and routinely updated
website and utilizes a high speed Internet connection , to the extent
practicable prior to the meeting .
This legislation will actually decrease the burdens imposed on agencies .
Making certain records available OR the agency website , or in hard copy
at or prior to the meeting , greatly reduces the likelihood of FOIL
requests for the records after the meeting is held . Additionally , post -
ing the record on the agency ' s website imposes no cost to the agency ,
and eliminates the majority of administrative tasks necessary to process
a FOIL request . Such proactive disclosure has been strongly recommended
by the Committee on Open Government and comports with the movement
toward transparency in government taking place at the state and federal
• levels .
LEGISLATIVE HISTORY : A . 9911 -A of 2010 , passed Assembly . Same as
S . 6849 -A , referred to rules .
FISCAL IMPLICATIONS : None .
LOCAL FISCAL IMPLICATIONS : None .
EFFECTIVE DATE : This act shall take effect on the thirtieth day after
it shall have become a law .
Cindy Goliber
Town Clerk
35 Market Street
Potsdam NY 13676
315-265-3430 (phone)
315-265-3931 (fax)
townclerk@potsdamny.us
• Cindy Goliber
Town Clerk
35 Market Street
Potsdam NY 13676
1 /23/2012
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