HomeMy WebLinkAbout2012-12-17 DRAFT
Town of Lansing
Monday, December 17, 2012 7:15 PM PLANNING BOARD
PLANNING BOARD MEMBERS
("Denotes present)
* Tom Ellis
* Larry Sharpsteen * Lin Davidson, Chairman
* David Hatfield
Richard Prybyl
* Al Fiorille
* Jeffrey Overstrom, EIT
* Lorraine Moynihan Schmitt, Esq.
Robert Cree, TB Liaison
Public Present
Claes Nyberg
Deborah Trumbull
Geraldine Gay
Oya Rieger
Robert Rieger
A couple other unknown people
General Business
Lin Davidson Chairperson called the Planning Board Meeting to order at 7: 15 PM. Mr.
Davidson inquired if there were any questions or concerns from the Public that is not
related to the Agenda. There were none.
For the record, due to a previous commitment, H. Floyd Davis was not able to be
present. However, he was on speaker phone for the entire presentation.
Public Hearing SEQR Review - Applicant, H. Floyd Davis,
54 Lake Forest Drive, Tax # 32.-1 -37.428
David Hatfield made a motion to open the SEQR Public Hearing at 7:21 PM. 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
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• Vote of Planning Board . . . (Aye) Lin Davidson , Member
Chairman Davidson asked for Public comments . There were none .
David Hatfield made a motion to close the SEQR Public Hearing at 7:22 PM. 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) Lin Davidson , Member
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
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) Lin Davidson , Member
RESOLUTION 12-61
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 REVISED SUBDIVISION PLAT FOR A MINOR
SUBDIVISION AND TWO PARCEL LAND SWAP WITH COMMON DRIVEWAY
WHEREAS, after preliminary approval with conditions by the Planning Board on July
9, 2012, 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, after submission thereof, the Lansing Planning Board has reviewed the
Revised Subdivision Application Preliminary Plat/Final Plat, dated October 17, 2012,
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• for approval of a minor subdivision and 2 parcel land swap, together with shared
driveway, of the following parcels: Subdivision of Applicant H. Floyd Davis Tax
Map Parcel # 32.-1-37.428 (43.545 acres) thereby creating Parcel "D-1" (2.216 acres) and
Parcel "D-2" (4.888 acres) to be transferred to Rieger, together with a proposed land
swap transfer between Davis and Nyberg/McCarter with Parcel "B " (0.327 acres) to be
transferred to Nyberg/McCarter from Davis and Parcel "C" (0.108 acres, P/O Tax Map
# 32.-1-57) to be transferred to Davis from Nyberg/McCarter, with the final residual
parent parcel "A" lot to be retained by Davis (36.222 acres) . The above common
development plan includes a shared driveway between parcels "A" and "D-1 " and
"D-2" and an easement to said common driveway over parcel "A", granted to
Nyberg/McCarter by Davis, connecting to Parcel "B", all within the L1 District; and
WHEREAS, the original and revised proposed subdivision contained two non-
conforming frontage lots, Parcel " A" and Parcel " B" (now combined parcels D-1 and D-
2), 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 (now
parcels D-1 and D-2) an area variance for 75 feet of reduced road frontage and the
• residual lot parcel, Parcel A, a variance of reduced 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 Revised Preliminary Plat/ Final Plat now references the original Parcel
" B" set forth above as Parcel " D-1 and D-2, conveying both parcels to the same owner
with a right of reversion to the Applicant Floyd Davis associated with Parcel D-2 for
potential future road frontage in the event of a future roadway built within the entire
development; 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 requires 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
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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.
WHEREAS, the Tompkins County Department of Planning, by correspondence, dated
December 3, 2012, has made no additional comments in addition to their original
comments set forth in its correspondence of May 2, 2012 set forth above; and
WHEREAS, the Town of Lansing Planning Board requested comment from the
Highway Department, respecting the impacts of the proposed Common Driveway and
potential future roadway set forth in the Applicant's Revised Preliminary/ Final Plat
and application and the Lansing Highway Department has stated, by correspondence,
dated November 19, 2012, that it has " no comment" respecting same as " it appears to be
a private driveway"; 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, on
July 9, 2012, 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, 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 subdivision is a non-conforming minor subdivision, due to inadequate
road frontages of two parcels, and this is an Unlisted Action under the State Environmental
• Quality Review Act which requires environmental review; and
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41
WHEREAS, the Applicant has submitted a new short form Environmental Assessment
Form (EAF), dated November 20, 2012, for the State Environmental Quality Review
(SEQR) of the proposed minor subdivision and 2 parcel land swap with common
driveway, said review to be Uncoordinated Review without declaration of Lead
Agency; and
WHEREAS, the requisite General Municipal Law 239 Referrals of Article 12-8 referrals
were duly effected by the 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 December 17, 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
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ithe 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 .
Dated: December 17, 2012
Public Hearing - Revised Subdivision Final Preliminary Plat/Final Plat,
Applicant, H. Floyd Davis, 54 Lake Forest Drive, Tax # 32.-1-37.428
David Hatfield made a motion to open the Public Hearing at 7:25 PM on the overall
Application. 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) Lin Davidson , Member
Chairman Davidson asked for Public comments. There were none.
David Hatfield made a motion to close the Public Hearingon the overall Application at
PP
7:28 PM. 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) Lin Davidson , Member
Member Comments/Concerns
Thomas Ellis inquired if the Highway and Fire Department have reviewed this proposal
and made any comments with respect to the driveway lengths. Jeff Overstrom
indicated they have, and have commented that it is no different than other places such
as Fiddlers Green as long as the driveway is wide enough for EMS vehicles . Mr. Ellis
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ifelt the Planning Board should remove the driveway issues related to this subdivision
as he feels the Town should not get involved and sanction this action.
Larry Sharpsteen totally agreed with Mr . Ellis . Mr. Sharpsteen feels the Town should
not become arbiters in a driveway agreement between three private parties.
Lorraine Moynihan Schmitt, Planning Board Legal Counsel states in the proposed
driveway agreement and the Resolution, condition #14 is a lengthy release of liability to
the Town related to this driveway. Ms. Moynihan Schmitt advised the Board that she
and Guy Krogh, Town Counsel is comfortable with this moving forward .
Of the 15 conditions placed on the proposed Resolution for approval, Chairman
Davidson read the following condition aloud:
1 . No further subdivision, land swap (s), boundary change(s),
consolidation(s), lot line adjustment(s) and/or any other changes to the
boundaries depicted in the Applicant's revised common plan of development
and Final Preliminary Plat/ Final Plat, dated October 17, 2012, and prepared
by Stockwin Surveying, R. James Stockwin PLS #049012 and entitled
"Proposed Land Swap" of the " Lands of H. Floyd Davis, III, without a full
• revised preliminary subdivision plat presented to the Planning Board for
review and approval;
In addition, the following stamp will be placed on the Final Plat along with the
approving stamp.
See also, the following documents filed in the Tompkins County Clerk's Office:
1. Common Driveway Agreement, dated December 27, 2012, executed by Davis, Rieger, and Nyberg/McCarter;
2. December 27, 2012 Davis to Rieger Deed Schedule A respecting rights of reversion affecting Parcel D-2;
3. H. Floyd Davis Minor Subdivision With 2 Parcel Land Swap and Common Driveway Approval Resolution With
Conditions of the Town of Lansing Planning Board, dated December 17, 2012
Ms. Moynihan Schmitt requested changes be made prior to approval :
• Condition # 9, second line, should read; and a Town of Lansing driveway
Permit.
• Condition # 13, the language needs to be tighten up
Jeff Overstrom states the Town does not require a permit to install a driveway, they
only require a permit for the culvert.
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41/ i
Larry Sharpsteen states specifications for the driveway should have been written into
the proposed Resolution.
Al Fiorille states his concerns are that the driveway is constructed to specifications that
allow for emergency vehicles to enter.
After further discussion, the Board requested that specifications for the driveway be
incorporated in the Resolution. It should be made 12' wide and built like the existing
driveway of Davis. Both Riger and Nyberg agreed to this condition.
Larry Sharpsteen suggested that the Resolution include that the Town Highway and the
Fire Department take a final look at the driveway.
In addition, the May 2, 2012 County 239 over ride was conducted by a supermajority
vote by the Planning Board on July 9, 2012. The County's new comments dated
December 3, 2012 are exactly the same therefore, the over ride still holds .
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iAl Fiorille offered the following Resolution with conditions . David Hatfield seconded
the motion and it was carried by the following roll call vote :
Vote of Planning Board . . . ( No) 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) Lin Davidson , Member
RESOLUTION 12-64
RESOLUTION OF THE LANSING PLANNING BOARD
CONDITIONALY APPROVING THE H. FLOYD DAVIS
REVISED SUBDIVISION PLAT FOR A MINOR SUBDIVISION AND TWO
PARCEL LAND SWAP WITH COMMON DRIVEWAY
WHEREAS, after preliminary approval with conditions by the Planning Board on July
9, 2012, 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, the
• Applicant has submitted a revised Preliminary Plat/Final Plat, dated October 17, 2012,
for approval of a minor subdivision and 2 parcel land swap, together with shared
driveway, of the following parcels: Subdivision of Applicant H. Floyd Davis Tax
Map Parcel # 32:1-37.428 (43.545 acres) thereby creating Parcel "D-1" (2.216 acres) and
Parcel "D-2" (4.888 acres) to be transferred to Rieger, together with a proposed land
swap transfer between Davis and Nyberg/McCarter with Parcel "B " (0.327 acres) to be
transferred to Nyberg/McCarter from Davis and Parcel "C" (0.108 acres, P/O Tax Map
# 32.-1-57) to be transferred to Davis from Nyberg/McCarter, with the final residual
parent parcel "A" lot to be retained by Davis (36.222 acres) . The above common
development plan includes a shared driveway between parcels "A" and "D-1 " and
"D-2" and an easement to said common driveway over parcel "A", granted to
Nyberg/McCarter by Davis, connecting to Parcel "B "; and
WHEREAS, the original and revised proposed subdivision contained two non-
conforming frontage lots, Parcel " A" and Parcel " B" (now combined parcels D-1 and D-
2), 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 (now
parcels D-1 and D-2) an area variance for 75 feet of reduced road frontage and the
• residual lot parcel, Parcel A, a variance of reduced 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
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410 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 Revised Preliminary Plat/ Final Plat now references the original Parcel
" B" set forth above as Parcel " D-1 and D-2, conveying both parcels to the same owner
with a right of reversion to the Applicant Floyd Davis associated with Parcel D-2 for
potential future road frontage in the event of a future roadway built within the entire
development; 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 requires 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 .
WHEREAS, the Tompkins County Department of Planning, by correspondence, dated
December 3, 2012, has made no additional comments in addition to their original
comments set forth in its correspondence of May 2, 2012 set forth above; and
. WHEREAS, the Town of Lansing Planning Board requested comment from the
Highway Department, respecting the impacts of the proposed Common Driveway and
potential future roadway set forth in the Applicant' s Revised Preliminary/ Final Plat
and application and the Lansing Highway Department has stated, by correspondence
dated November 19, 2012, that it has " no comment" respecting same as " it appears to be
a private driveway"; 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, on
July 9, 2012, not to require the Applicant to undergo a rare and scarce plant inventory,
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ias 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, 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, on December 17, 2012, the Planning Board, acting on a uncoordinated
• environmental review, reviewed and accepted, as adequate, a new short form
Environmental Assessment Form (' EAF") Part I, dated November 20, 2012, 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 December 17, 2012 the Town of Lansing Planning
Board determined that, pursuant to the provisions of the State Environmental Quality
Review Act, the proposed revised subdivision plat and common plan of development
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, at the Lansing Planning Board Meeting, held on December 17, 2012 at the
Lansing Town Hall, the Planning Board reviewed the overall Revised Common Plan of
Development and the Planning Board underwent preliminary final plat/ final plat
review of the proposed revised minor subdivision with two parcel land swap with
common driveway, 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
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state, county and local agency regulations; and the Planning Board has also considered
the Town's Comprehensive Plan and compliance therewith; and
WHEREAS, the Planning Board has considered and carefully reviewed the
requirements of the Town' s Laws relative to subdivisions and the unique needs of the
Town due to the topography, the soil types and distributions, and other natural and
man-made features upon and surrounding the area of the proposed Subdivision, and
the Town has also considered the Town's Comprehensive Plan and compliance
therewith; and
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
RESOLVED : that the Town of Lansing Planning Board rants Approval of the Floyd
Davis Subdivision, an Application for a Preliminary Plat/ Final Plat, dated October 17,
2012, for approval of a minor subdivision and 2 parcel land swap, together with shared
driveway, of the following parcels: Subdivision of Applicant H. Floyd Davis Tax Map
Parcel # 32.-1-37.428 (43 .545 acres) thereby creating Parcel " D-1 " (2.216 acres) and Parcel
" D-2" (4.888 acres) to be transferred to Rieger, together with a proposed land swap
transfer between Davis and Nyberg/ McCarter with Parcel " B" (0.327 acres) to be
transferred to Nyberg/ McCarter from Davis and Parcel " C" (0 . 108 acres, P/ O Tax Map
• # 32.-1 -57) to be transferred to Davis from Nyberg/ McCarter, with the final residual
parent parcel " A" lot to be retained by Davis (36.222 acres) . The above common
development plan includes a shared driveway between parcels " A" and " D-1 " and " D-
2" and an easement to said common driveway over parcel " A", granted to
Nyberg/ McCarter by Davis, connecting to Parcel " B", said approval is subject to the
following conditions :
2. No further subdivision, land swap(s), boundary change(s),
consolidation(s), lot line adjustment(s) and/or any other changes to the
boundaries depicted in the Applicant's revised common plan of development
and Final Preliminary Plat/ Final Plat, dated October 17, 2012, and prepared
by Stockwin Surveying, R. James Stockwin PLS #049012 and entitled
" Proposed Land Swap " of the " Lands of H. Floyd Davis, III, without a full
revised preliminary subdivision plat presented to the Planning Board for
review and approval;
3 . Execution of the attached Revised Common Driveway Agreement Between
Davis, Rieger and Nyberg McCarter, said Driveway Agreement to be
attached to this Resolution of Conditional Approval and Incorporated by
Reference herein;
• 4 . Said Revised Common Driveway Agreement between Davis, Rieger and
Nyberg McCarter shall be filed by the Applicant in the Tompkins County
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1111 Clerk' s Office with a notation to the aforementioned parties' deeds and also
to the filed Applicant' s Revised Common Plan of Development and Final
Preliminary Plat/ Final Plat, dated October 17, 2012, and prepared by
Stockwin Surveying, R. James Stockwin PLS #049012; and said common
Driveway Agreement filing shall also carry a notation referencing this
December 17, 2012 Planning Board Resolution of Conditional Approval (to
be filed by the Applicant);
5 . No future Revisions to Revised Common Driveway Agreement between
Davis, Rieger and Nyberg McCarter shall be permitted without Town of
Lansing Planning Board review and approval andno other Common
Driveway Agreements may be executed by any parties with respect the
parcels depicted on the aforementioned October 17, 2012 revised subdivision
Plat map entitled " Proposed Land Swap" of the " Lands of H. Floyd Davis, III,
without review and prior approval of the Town of Lansing Planning Board;
6. Revised "Schedule A" of Proposed deed from Davis to Rieger shall be filed in
the Tompkins County Clerk's Office with notations to (1 ) all deeds of Davis,
Reiger, and Nyberg/ McCarter; (2) the filed Applicant' s Revised Common
• Plan of Development and Final Preliminary Plat/ Final Plat, dated October 17,
2012, and prepared by Stockwin Surveying, R. James Stockwin, PLS #049012
entitled " Proposed Land Swap" of the " Lands of H. Floyd Davis, III; and (3)
this instant December 17, 2012 Planning Board Resolution of Conditional
Approval;
7. As referenced in Condition #3 above, this Conditional Resolution of approval
shall be filed in the Tompkins County Clerk's Office in addition to the other
record filings and notations set forth in Conditions #3 and #5 above;
8 . Revised "Schedule' A" of Proposed Deed from Davis to Rieger shall be
attached to this Resolution of approval and incorporated by reference herein;
9. Any future Town Road shall be built to Town of Lansing Public Highway
Specifications (including frontage requirements) and shall conform to New
York Town Law 280-a requisites;
10. Any construction of the proposed Driveway Extensions (or any future
extensions) shall be built to specifications permitting proper emergency
vehicle access at a minimum of 12' width together with an improved
driveway base that will support emergency vehicles, such base being at least
411 as improved as the existing Davis driveway; and any construction of the
proposed Driveway Extensions (or any future extensions) shall require Town
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. of Lansing Highway Department and Town of Lansing Fire Department
inspection as to adequacy of said driveway width and improved base to
permit emergency vehicle access upon said driveway and extension(s);
11 . The 35 foot No-build Buffer from the house and 50 foot no-build buffer from
the road on Parcels D1 and D2 shall remain in full force and effect;
12. Stair construction on the D-1 site to be inspected and approved by the Town
of Lansing Codes Office;
13. The Applicant and all current and future owners of Parcels A, B, C, D-1 and
D-2 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 served by
the common driveway;
14. Any changes, additions or revisions affecting any of the aforementioned
properties' driveway(s), roadway(s), easement(s), access and/ or rights of
reversion of Parcel D-2 back to lands of Parcel A, are subject to Planning
Board approval. No such changes shall be permitted without Planning Board
• approval;
15 . The parties to the Common Driveway Agreement shall release the Town Of
Lansing and the Town of Lansing Planning Board from any liability
associated with the . Common Driveway as follows and set forth in the Parties
Common Driveway Agreement to be executed and filed with the Tompkins County
Clerk's Office:
DAVIS, RIEGER, NYBERG and MCCARTER (in this paragraph, the "Releasors") acknowledge and agree that each
Releasor has received sufficient consideration from each other releaser and from the Town of Lansing (the "Town"),
jointly or severally, and that the acceptance of this agreement by the Town as sufficient to meet the conditions of
approval of the subdivision and land swap plan/plat (as well as any approval or acceptance of the form of any
deeds or other transfers of rights, duties, and obligations), shall not imply, or be construed as, an approval of the
Town of the rights, obligations, and duties of the Releasors, each of which Releasors is free to make its own
determination as to whether this agreement and the accompanying deed(s) fulfill their safety and needs. All risk and
liability arising from this Agreement and any related improvements, maintenance, easements, rights of way, and the
like, including the failure of any grant of or rights in and to such improvements, maintenance rights and duties,
easements, rights of way, and the like, or of any Releasor to effect proper maintenance, or of any Releasor to honor or
effect any anticipated future grant or reversion, is expressly and solely assumed by the Releasors, and all claims now
or hereafter arising, discovered, or existing that sound in admiralty, equity or law against the Town of Lansing (the
"Claims") are knowingly and expressly hereby waived by all of the Releasors; and for this purpose the Town is
made an express and intended third party beneficiary of this paragraph and these waivers for the purposes of
enforcement of the same or the imposition of any bar or defense premised, in whole or in part, upon these
assumptions of risk and liability and such waivers by the Releasors. The Releasors, with full understanding of the
contents and legal effect of this agreement and the deeds, and having had the right and opportunity to consult with
• counsel of their choice, each jointly and severally, for themselves and their respective heirs, executors, and assigns,
agree to release, defend, discharge, and hold the Town and its officers, supervisors, managers, employees, agents,
and representatives of any kind or nature, and each and all of their predecessors, successors, heirs, executors,
administrators, and assigns (collectively, the "Released Parties") harmless (including reimbursement for the
14
DRAFT
11111 reasonable counsel fees and other costs and expenses of the Town), from and against any and all claims, demands,
actions, causes of action, debts, costs, expenses, attorneys' and professional fees, injuries, damages, losses, rights,
remedies, grievances, suits, charges, and liabilities of whatever kind and complaints of any kind or nature
whatsoever (also herein, the "Claims"), that such Releasors ever had or now has, whether fixed or contingent,
liquidated or un-liquidated, known or unknown, suspected or unsuspected, and whether arising in tort, contract,
statute, admiralty, equity or otherwise. The foregoing provisions shall be interpreted and applied to the greatest
extent permitted by law; and without limiting the generality of the foregoing, it being the intention of the Releasors
to make this release (and related rights and indemnities) as broad and as general as the law permits. The Releasors
agree not to bring any Claim(s) and further agree that this waiver and release and agreement not to make or file
Claims is, will constitute, and may be pleaded as a bar to any such claim, action, cause of action, or proceeding. If
any government agency, court, or other tribunal assumes jurisdiction of any Claim the Releasors agree that they
shall not seek or accept any equitable or monetary relief in connection with such Claim against the Town of Lansing,
and each Releasor waives all rights to seek, recover, or enforce the same in law, admiralty, or in equity
16. Violation of any of the aforementioned conditions shall result in a termination of
this conditional approval.
Dated: December 17, 2012
Approval/Denial of November 26, 2012 Minutes
David Hatfield made a motion to approve the minutes as presented . 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) Lin Davidson , Member
David Hatfield made a motion to adjourn the Meeting at 7:53 PM. 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) Lin Davidson , Member
•
15
Town of Lansing Planning Board Meeting
December 17 , 2012
Visitors Please Sign In Below : (Please Print)
Name Address
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•
http : //www . lansingtown . com/
•
%�\i al TOWN ofLANSING
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rr� "Home of Industry, Agriculture and Scenic Beauty "
9� i�,A� % ZONING, PLANNING AND CODE ENFORCEMENT
+sc� • , Box
Lansin186g, NY 14882
; '
Phone: 533-7054
E-mail : tolcodes@twcny.rr.com
Web : www.lansingtown.com Town of Lansing
Planning Board Meeting
December 17, 2012 at 7: 15 PM
Lansing Town Hall - Large Court Rm.
http ://www.lansingtown.com/
Agenda Amended
Time: Agenda Topics
II
7:15 P. M. Public Comments/ Concerns
7:20 P. M . Public Hearing SEQR Review - Applicant, H . Floyd Davis,
54 Lake Forest Drive, Tax # 32 . -1 -37.428
7:25 P. M . Public Hearing - Revised Subdivision Final Preliminary
Plat/ Final Plat, Applicant, H . Floyd Davis, 54 Lake Forest
Drive, Tax # 32 . -1 -37 . 428
Approval/ Denial of November 26, 2012 Minutes
Any other business deemed necessary
Subject to Change
•