HomeMy WebLinkAbout01-14-13 PB Minutes.pdfAPPROVED
Town of Lansing
Monday, January 14, 2013 7:15 PM PLANNING BOARD
PLANNING BOARD MEMBERS
(* Denotes present)
* Larry
Sharpsteen
*David Hatfield
*Richard Prybyl
*Al Fiorille
*Gerald Caward
*Lorraine Moynihan Schmitt, Esq
Kathy Miller, TB Liaison
Public Present
*Lin Davidson, Chairman
*Tom Ellis, Member
Public Present
Larry Fabbroni, David Herrick, 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 are not
related to the Agenda. Mr. Davidson indicated that the Floyd Davis driveway matter
will be discussed. He also asked about putting a nominating committee together, and it
was determined that this will be addressed at the beginning of February.
Mr. Davidson identified the newly appointed Planning Board Members, Gerald Caward
and Ray Farkas, Alternate Member as well as the other Planning Board Members
present.
Review Final Plat PDA for Village Solars/Village Circle Apartments, Warren Road &
Village Circle
Chairman Davidson suggested that the Planning Board go through the Town Board
conditions along with the roughed out Resolution rather than everybody trying to read
Dave Herrick's report, then start going one by one going through the report with Mr.
Herrick & Mr. Fabbroni answering any questions Planning Board Members might have.
Mr. Fiorille asked for additional information on what was finalized on the Community
Center, and the bus station.
Clarification was provided by Attorney Moynihan Schmitt that the dr aft Resolution sets
forth the Town Board conditions which largely adopted the Planning Board's conditions. It leaves blanks for findings to be made by the Planning Board based on
what they have reviewed to date. Mr. Sharpsteen had concerns about the requ irement
for an IMA Agreement. He understands that the thought is to go with an agreement to
APPROVED
agree; however; Attorney Moynihan Schmitt suggests that this would need to be
addressed with the Town Supervisor as it will ultimately be a decision of the Town
Board to require this as one of the conditions. Mr. Sharpsteen asks the other Board
Members to consider if they are comfortable with relaxing the original conditions
identif ied, because the official resolution states that all interested parties should be in
agreement. Attorney Moynihan Schmitt advises that the Planning Board should make
whatever firm recommendations it chooses to.
Mr. Davidson asked Mr. Fabbroni to share info rmation from the meeting he had with
Kathy Miller, Ruth Hopkins, and Jon Kanter with regard to the TCAT request for a bus
shelter on the inbound side (southbound side of Warren Road). This would fit in the
right of way of the Phase I of the development.
The Planning Board discussed the original conditions, and asked Mr. Herrick to assist in
the review process. Mr. Herrick discussed the requirements for accommodating the
Water System. This must all be facilitated by the Town Board. Mr. Fiorille asked if th e
costs would be covered by the Developer or if it was going to be a Town cost. Mr.
Fabbroni indicated that each project offered $35,000 toward this. Mr. Herrick stated
that the ultimate funding outside the developer's contributions will be by the Town as
part of the overall improvement to the Consolidated Water District.
Mr. Davidson asked how to deal with the agreement to agree, and it was determined
that they would move on to the additional conditions. Ms. Moynihan Schmitt noted
that for Planning Bo ard findings for 1A the Planning Board has reviewed the comments
of David Herrick, and asked if there were any other questions or finding to add to that
section. The Town Engineer's report will be attached to the Resolution, and will be
referenced in the f indings. The next item for review is Sewer, and Mr. Davidson asked
Mr. Herrick to cover this. Mr. Herrick discussed the information he reviewed with the
Planning Board, and spoke about the joint meeting with the Village of Lansing, and the
Village of Cayuga Heights to address the sewer needs of the project. The resolution
and findings of the Planning Board will be prepared by Attorney Moynihan Schmitt.
Phase I will not be exceeding the capacity as agreed upon. Mr. Sharpsteen wanted to be
cle ar that anything passed in the resolution tonight will not be intended to be
insubordinate to the direction of the Town Board and their future resolution.
The next condition discussed by Mr. Herrick was Storm Water. At some point the
project will have to submit to the town official forms that will have to be executed by
the Storm Water Management Officer for the project to receive coverage. Ms.
Moynihan Schmitt will draft the appropriate attachments of the comments made. Mr.
Davidson moves on to the bu s shelter and notes that we talked about it being in south
bound lane and the possibility of more ridership and potential for a pull off. Does
anyone have any more to add? Dave Herrick noted we will need a permit from the
county highway. Mr. Davidson discu ssed the community areas approval of future PDA
phrases and the issuance of building permits and certificates of compliances. Mr.
Davidson asks if we are all comfortable with the Trails and Pathways. No buildings are
in the way of the trails and pathways o nly a few large trees on the east/ west area
creating a winding pathway about eight feet wide The two main paths that will be
APPROVED
paved will be the east/west area and the area that substitutes as a sidewalk along
Warren Rd. There will be other paved areas around the handicap sites and to give
access to the buildings where we have to provide handicap access. Some lots will not
be pave d and haven't been paved for 40 years. Lorraine noted the developer will be
responsible for the maintenance of the pathway. Torn Ellis said there will be access to
the business park with a 60 foot right away within the industrial park. Larry's concern
alon g with the planning board is continuing to agree that a master plan in a timely
manner. Mr. Davidson's comment and certainly not speaking for the whole board
unless they are in general agreement that if we are asking the developer to do this then
we have to come up with the criteria in a timely manner and that means in a time that
will not affect his design and/or construction plans. Larry Sharpsteen states that the
master plan will be ready within 12 months. Ms. Moynihan Schmitt describes plan C i s
a delineation of the width construction methodologies, materials, maintenance plans for
any pathways and trails; recommend to the town that within the next 12 months that
the developer have ready. Mr. Davidson has moved on to Roads and states that this i s
the question of the great corner. It needs a 60 foot right of way into the industrial park.
. B - has a section that will be dedicated; if the town board wants that piece dedicated
we will have to do that too. C - The Town will need to have the righ t way deeded over
to be able to complete the project. D - This is treated as private driveway. Town Board
will discuss in greater detail. Mr. Sharpsteen requests that we clarify their requirement
Mr. Davidson moves on to Traffic Study. Mr. Herrick the proj ect involves no new
infrastructure, no new roads, no new ditches, no new water, no new sewer is all
services off of the plan. There will be permits for driveways and such. Ms. Moynihan
Schmitt says the SRF traffic comments are attached to the last page. Th e SRF completed
their review and finds acceptable level of service of all intersections, no significant
adverse impacts on safety or traffic operations at similar sections. Mr. Herrick adds that
T('AT had requested a pull off on both sides of the highway. Everybody seems happy
with that phase. The second thing is they criticized our depiction of the buildings solar.
If you need to look into that further Mr. Sharpsteen can explain some of the desig n
concepts. Mr. Herrick added the buildings will be designed to maximize as much light
as you can to capture passive solar energy and allow every unit to have cross
ventilation. Mr. Sharpsteen is satisfied with the passive solar energy and states that the
developer never presented the design to be solar converted to energy.
Ms. Moynihan Schmitt asked if everyone agrees with the passive solar and traffic study
all board members feel confident and no further information is needed at this time. The
same with T CAT no further information is needed and in terms to sewer for the airport
to refer to the Town Board on that issue.
Mr. Sharpsteen moved the Resolution as follows;
RESOLUTION PB 13-01
APPROVED
RESOLUTION OF THE TOWN OF LANSING PLANNING BOARD
RECOMMENDING TO THE TOWN BOARD THE VILLAGE CIRCLE APARTMENTS/VILLAGE
SOLARS ("VCVS") PDA FINAL DEVELOPMENT PLAN WITH CONDITIONS
WHEREAS, Applicant, Rocco Lucente, has filed an Application for formation of a PDA to
include a 138 apartment un it 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.-l-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 parc els
within the PDA is +1- 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 tiled 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
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' Stateme nts of Intent to Comply with Conditions and
Specifications of the Planning Board, tiled July 6, 2012, respecting the Applicants' project
proposals and PDA Proposal; and
APPROVED
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 propos ed 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 stormwat er 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 devel opment, 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 stor m 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
and overall PDA from the public and the Plan ning 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 declared 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, completed Part II of the LEAFs thereby fully identifying all
significant negative environmental impacts and mitigations thereof in accordanc e with its duty
under the State Environmental Quality Review Act (SEQRA); and
APPROVED
WHEREAS, the Tompkins County Department of Planning, respecting its GML 239 —I, -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 B oard respecting
the final development plan; 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, on July 9, 2012, upon due consideration and deliberation, the Town of Lansing
Planning Board issued a resolution resolving that pursuant to Section 706.5 of the Town of
Lansing Land Use Ordinance, the Lansing Planning Board recommended to the Town Board
that the Town Board conditionally approve the Village Circle Apartments/ Village Solars PDA
Applications, subject to such conditio ns 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
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.
APPROVED
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.
The Lansing Pathways Committee, in conjunction with the Town of Lansing Dep artment 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.
APPROVED
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
WHEREAS, on July 9, 2012 the Planning Board further issued a resolution resolving that,
pursuant to Section 706 et seq. of the Town of Lansing Land Use Ordinance, the Lansing
Planning Board 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 th e 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.
and
WHEREAS, on July 9, 2012 the Planning Board further issued a resolution further resolving that
that, pursuant to Section 706 et seq. of the Land Use Ordinance, the Planning Board
recommended 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); and
APPROVED
WHEREAS, on August 15, 2012, after a duly scheduled and noticed public hearing thereupon,
the Town Board duly issued a negative determination of environmental significance under and
pursuant to SEQRA; and
WHEREAS, the Town duly delivered a the GML § 239-1, -m, and —n referral to the Tompkins
County Department of Planning, together with related documents, and County Planning declined
to comment upon this preliminary approval and instead determined to provide official comments
and recommendations, if any, at the time of review of the Final Development Plan; and
WHEREAS, the Town did duly consider all other input received, including comments made and
evidence received, if any, at a duly noticed and scheduled public hearing upon the project and on
August 15, 2012 the Town Board issued a resolution resolving that a Conditional Approval of
the proposed Planned Development Area, pursuant to and under Section 706.6 of the Town o
Lansing Land Use Ordinance, be granted, subject to the conditions and findings set forth below;
and
WHEREAS, on August 15, 2012 the Town Board further resolved that such approval was
made upon the following conditions and findings, each and all of which must be satisfied or
adequately addressed in the Final Development Plan before any approval of the Final
Development Plan; and
WHEREAS, on or about December 3, 2012. the Applicant/Developers submitted their final
development plan to the Planning Department; and
WHEREAS, on January 14, 2013, the Planning Board was presented with further materials from
the Applicants/Developers respecting potential satisfaction of Town Board conditions, including
the January 9, 2013 SRF Traffic Impact Study Review Report and the January 14, 2 013 report
and comments of the Town Engineer, David Herrick, T.G. Miller P.C., respecting water, sewer
and stormwater SWPPP conditions (said comments and reports are attached to this resolution),
and, upon review of the Applicant/Developers' Final Developm ent Plan and updated
submissions and the above comments and reports thereon, the Planning Board has made its
findings in respect to completion of those Town Board conditions and the status of progress
toward completing any outstanding conditions as outline d below:
1. TOWN BOARD CONDITION: WATER:
A. Approval contingent upon the Town's creation of a new pressure zone in the Warren
Road/Bean Hill areas, with such new infrastructure to include: (i) a new water tank, new
pump station, and new transmission station; (ii) improvements to the Burdick Hill Pump
Station, if any, to be identified by the Town Engineer, David A. Herrick, who will conduct a
study of pumps and controls at the Burdick Station; (iii) the placement of i nterim hydro-
pneumatic systems to be constructed by the Town near the Village Circle tanks in
compliance with Town Engineer, David A. Herrick's specifications; (iv) payment by
Developers of $70,000.00 total to cover the above costs of study and hydro -pneumatic
system infrastructure, if such Booster System is in place to serve the PDA by 12/31/2012.
APPROVED
PLANNING BOARD FINDINGS IN RESPECT TO COMPLETION OF WATER
CONDITION:
The Planning Board finds that this condition, as originally proposed by the Planning
Board and adopted by the Town board is on-going with appropriate progress to date
and recommends continued tracking of the condition by both the Planning Department
and the Town Board in its review and determination of the Final Development Plan.
The Planning Board has reviewed and supports the recommendations of the Town
Engineer respecting this condition, as set forth in the attached January 14, 2013 Report
of Town Engineer, David Herrick, T.G. Miller P.C.
B. Approval of Phase One PDA build out shall be contingent on an interim hydro -pneumatic
system being in place and in operation in compliance with Town Engineer, David A.
Herrick's specifications.
P LANNING BOARD FINDINGS IN RESPECT TO COMPLETION OF WATER
CONDITION:
The Planning Board finds that this condition, as originally proposed by the Planning
Board and adopted by the Town board is on-going with appropriate progress to date
and recommends continuing tracking of the condition by the Town Board in its review.
The Planning Board has reviewed and supports the recommendations of the Town
Engineer respecting this condition, as set forth in the attached January 14, 2013 Report
of Town Engineer, D avid lierrick, T.G. Miller P.C.
2. TOWN BOARD CONDITION: SEWER:
A. Approval is contingent upon and subject to a total build-out limit — the total number of
Village Solars-Village Circle Warren Road Sewer District (WRSD) units following PDA
build-out on both applications is capped at 470 WRSD units.
PLANNING BOARD FINDINGS IN RESPECT TO SATISFACTION/COMPLETION OF
SEWER CONDITION:
The Developers have consented to this condition, originally proposed by the Planning
Board and adopted by the Town Board. Additional capacity has been verified by the
Town Engineer. The Planning Board has reviewed and supports the recommendations
of the Town Engineer respecting this condition, as set forth in the attached January 14,
2013 Report of Town Engineer, David Herrick, T.G. Miller P.C.
B. Approval is contingent upon Town Engineer, David A. Herrick's, providing updated 20 -
year WRSD design flow calculations, which calculations will now be required to take into
effect the above-reference 470 WRSD/PDA units and other potential future development.
APPROVED
PLANNING BOARD
FINDINGS IN RESPECT TO SATISFACTION/COMPLETION OF SEWER CONDITION:
The Planning Board finds that this condition, originally proposed by the Planning
Board and adopted by the Town Board, is on-going with appropriate progress to date
and the Planning Board recommends continued tracking of the condition by both the
Planning Department and the Town Board in its review of the final development plan.
The Planning Board has reviewed and supports the recommendations of the Town
Engineer respecting this condition, as set forth in the attached January 14, 2013 Report
of Town Engineer, David Herrick, T.G. Miller P.C. The Town Engineer has confirmed
that the additional flows from the PDA are supported by the 20 year flow calculations
and supports allowances for additional growth that can be feasibly treated at the
VCHWTP, subject to an amendment of the current municipal agreement.
C. Approval is contingent upon an amendment to the IMA between the Town of Lansing
(o/b/o and including the Warren Road Sewer District Extension) and the Villages of Lansing
and Cayuga Heights to acknowledge the updated 20-year design flow and to verify sewer
transportation and treatment capacity for this project and its surrounding areas and future
growth in such area.
PLANNING BOARD FINDINGS IN RESPECT TO SATISFACTION/COMPLETION OF
SEWER CONDITION:
The Planning Board finds that this condition, originally proposed by the Planning
Board and adopted by the Town Board is on -going and the Planning Board
recommends continued tracking of the condition by the Planning Department and the
Town Board in its rev iew of the final development plan. The Planning Board has
reviewed and supports the recommendations of the Town Engineer respecting this
condition, as set forth in the attached January 14, 2013 Report of Town Engineer,
David Herrick, T.G. Miller P.C. The P lanning Board has not been provided with any
documents confirming the Villages' commitment in regard to the IMA Amendment
which the Planning Board finds is critical to an approval of this PDA. The Planning
Board has been advised that the Town Board is working with the Villages of Dryden
and Cayuga Heights in making progress on this condition and defers to the Town
Board in its determination on the process and timing of the fulfillment of this condition.
3. T OWN BOARD CONDITION: STORMWATER
A. Approval is contingent upon Town Engineer, David A. Herrick's approval of the
Applicants/Developers' stormwater control erosion plan (SWPPP) and such SWPPP's final
design. In connection therewith the Applicants/Developers shall: (i) provide Runoff
reduction volume (RRv) sizing criteria in compliance with NYSDEC GP -0 -010 -01
regulations, as addressed by the Town Engineer; (ii) shall adhere to NYSDEC Design
Manual speci fications for green infrastructure; and (iii) provide full descriptions of PDA
APPROVED
Board and adopted by the Town Board, is on-going with appropriate progress to date.
large-water feature sources and their impacts upon bedrock conditions regarding both initial
construction and long term sustainability.
PLANNING BOARD FINDINGS IN RESPECT TO SATISFACTION/COMPLETION OF
STORMWATER CONDITION:
The Planning Board finds that this condition, originally proposed by the Planning
Board and adopted by the Town Board, is on-going with appropriate progress to date.
The Planning Board has reviewed the attached January 14, 2013 Report of Town
Engineer, David Herrick, T.G. Miller P.C., and is satisfied that this condition is
satisfied to date.
4. TOWN BOARD CONDITION: BUS SHELTER
A. Approval shall be contingent upon a bus shelter to be constructed and located on Warren
Road near the proposed PDA east'west walkway, but only if TCAT approves such placement
and such proposed bus shelter.
PLANNING BOARD FINDINGS IN RESPECT TO SATISFACTION/COMPLETION OF
BUS SHELTER CONDITION:
The Planning Board finds that this condition, originally proposed by the Planning
Board and adopted by the Town Board, is on-going with appropriate progress to date.
The Developers have consented to building a bus shelter on the west side of Warren
Road on the shoulder of the southbound lane, opposite the proposed East/West
community walkway. The Developers have additionally requested consent from TCAT
for a future proposed shelter within the development. John Lampman of the Tompkins
County Highway Department will review the forthcoming designs and comment
thereon. The Planning Board recommends that both the Planning Department the
Town Board continue to track progress on this condition in conjunction with the Town
Board review and determination on the Final Development Plan.
5. TOWN BOARD CONDITION: COMMUNITY AREAS:
A. Approval of future PDA phases and the issuance of building permits and Certificates of
Compliance and Occupancy are conditioned upon the Developer/Applicants completing the
public, quasi-public, and community improvements and buildings within the proposed PDA
within 2 years of the date of commencement of initial PDA construction.
PLANNING BOARD FINDINGS IN RESPECT TO SATISFACTION/COMPLETION OF COMMUNITY AREAS CONDITION:
The Planning Board finds that this condition, originally proposed by the Planning
APPROVED
C. Final approval shall be contingent upon a delineation of the width, construction methodologies and materials, and maintenance plans for any pathways and trails.
The Developers have consented to the construction of future community areas within 2
years of commencement of the PDA construction. Planned Phase 1 construction of
community areas includes shared yards, courtyards, trails, community grills, outdoor
community recreation areas and community fire pits. Community Area building
constr uction is anticipated in later phases of the project and the Planning Board
recommends that both the Planning Department and the Town Board continue to track
this condition in conjunction with a time frame for build -out of same.
6. TOWN BOARD CONDITION: TRAILS PATHWAYS:
A. Approval shall be contingent upon Applicants/Developers agreement to construct and
maintain all trails and pathways located within the PDA. If requested by the Town,
Applicants, Developers shall dedicate land in fee or by easement to the Town of Lansing for
the PDA trails and pathways within 6 months of final approval of the projects and PDA.
PLANNING BOARD FINDINGS IN RESPECT TO SATISFACTION/COMPLETION OF
TRAILS/PATHWAYS CONDITION:
The Planning Board finds that this condition, originally proposed by the Planning
Board and adopted by the Town Board, has been agreed to by the Developers and
complied with in the Developers Final Development Plan. The Planning Board
recommends that both the Planning Department and the Town Board continue to track
progress on this condition in conjunction with the Town Board's determination on the
Final Development Plan.
B. Applicants/Developers shall cooperate and coordinate with the Lansing Pathways
Committee and the Town of Lansing Department of Parks and Recreation to produce, in a
timely manner, a Master Plan delineating how the PDA trails and pathways shall interconnect
with other existing and planned pathways and trails in the area.
PLANNING BOARD FINDINGS IN RESPECT TO SATISFACTION/COMPLETION OF
TRAILS/PATHWAYS CONDITION:
The Planning Board finds that this condition, originally proposed by the Planning
Board and adopted by the Town Board, is still in progress and recommends that a
Master Plan should be developed in a timely manner reflecting the precise location
easements or fee dedications placements of the trails and inter-connections to existing
trails or planned future trails.
APPROVED
Place within the PDA, pursuant to a prior agreement between such Developer and the Town.
PLANNING BOARD FINDINGS IN RESPECT TO SATISFACTION/COMPLETION OF
TRAILS/PATHWAYS CONDITION:
The Planning Board finds that this condition, originally proposed by the Planning
Board and adopted by the Town Board, is satisfied with the exception of a maintenance
plan which may be required in the event of future dedication to the trails to the Town.
In addition, the Planning Board concurs with the Applicants/Developers that a
proposed change should be permitted respecting the width of the East/West trail in
order to accommodate some large tress on eithe r side of the projected trail/pathway.
Specifically, the Planning Board recommends a reduction of width from 10 feet to 8 feet
as a reasonable modification. The Applicants/Developers have agreed to this projected
modification should the Town Board determine to adopt same.
7. TOWN BOARD CONDITION: ROADS:
A. Approval is conditioned upon Applicants/Developers dedicating a 60 -foot right of way
and easement for a potential future road and/or pathway within the PDA linking Dutch Mill
and Village South roads.
PLANNING BOARD FINDINGS IN RESPECT TO SATISFACTION/COMPLETION OF ROADS CONDITION:
The Planning Board finds that this condition, originally proposed by the Planning
Board and adopted by the Town Board, has been agreed to by the
Applicants/Developers and complied with in the Developers' Final Development Plan
but should be notated and delineated on the final plat materials and final development
plan/plat to be filed with the Tompkins County Clerk if the Final Development Plan is
Approved.
B. Approval is conditioned upon Applicants/Developers dedicating a 60 -foot right of way
and easement for a potential future road and/or pathway within the PDA linking Village
Circle North and Springbrook Circle roads.
PLANNING BOARD FINDINGS IN RESPECT TO SATISFACTION/COMPLETION OF
ROADS CONDITION:
The Planning Board finds that this condition, originally proposed by the Planning
Board and adopted by the Town Board, has been agreed to by the
Applicants/Developers and complied with in the Developers' Final Development Plan
but should be notated and delineated on the final plat materials and final plat filing
with the Tompkins County Clerk if the Final Development Plan is Approved.
C. Approval is conditioned upon the Developer dedicating in fee the road section on Village
Place within the PDA, pursuant to a prior agreement between such Developer and the Town.
APPROVED
PLANNING BOARD FINDINGS IN RESPECT TO SATISFACTION/COMPLETION OF
ROADS CONDITION:
The Planning Board finds that this condition, originally proposed by the Planning
Board and adopted by the Town Board, has been agreed to by the Developers and
complied with in the Developers' Final Development Plan but should be notated and
delineated on the final plat materials and final plat filing with the Tompkins County
Clerk if the Final Development Plan is Approved.
D. Approval is conditioned upon the acceptance or adoption of suitable maintenance
agreements for the new PDA road, as depicted in the PDA site plans as a private road and as
the primary entrance into the project, between the Town and the Developers, which
agreements may be by direct contract or through the implementation of HOA requirements
and/or declarations.
PLANNING BOARD FINDINGS IN RESPECT TO SATISFACTION/COMPLETION OF
ROADS CONDITION:
This condition was not originally a Planning Board recommended Condition and is a
Condition from the Town Board objected to by the Applicants/Developers on the basis
that the Developers shall be solely responsible for maintenance of the trails/pathways.
The Planning Board defers to the Town Board respecting its determination on the
imposition it this Town Board condition.
E. Approval of the PDA is contingent upon the Town of Lansing Highway Superintendent's
review and approval of the final road infrastructure layout within the proposed PDA.
PLANNING BOARD FINDINGS IN RESPECT TO SATISFACTION/COMPLETION OF
ROADS CONDITION:
The Planning Board finds that this condition, originally proposed by the Planning
Board and adopted by the Town Board, has been complied with based on the assertions
of the Applicants/ Developers in respect with the Town of Lansing Highway
Superintendent's review and oral comments to the Developer's Engineer in respect to
the final road infrastructure layout.
F. Approval is conditioned upon an updated and/or completed traffic study to be conducted
by Stephen Ferranti, SRF Associates, as traffic consultants, who shall be retained on behalf
of the Town at the expense of the Developers/Applicants to determine the scope and exten t
of a traffic impact study intended to address Town and County concerns, all as recommended
by Town Engineer, David A. Herrick. Said traffic consultant shall also review, report, and
comment upon the final traffic study to be conducted by Applicants/Developers' Engineer.
APPROVED
9
PLANNING BOARD FINDINGS IN RESPECT TO SATISFACTION/COMPLETION OF
ROADS CONDITION:
The Planning Board finds that this condition, originally proposed by the Planning
Board and adopted by the Town Board, has been fulfilled and the comments for the
SRF review are positive and support the Applicants/Developers' submitted traffic
report. A copy of the January 9, 2013 SRF review is annexed hereto.
and
WHEREAS, in response to the Planning Board and Town's request for formal comment on
the final development plan in response to the Town's GML § 239-1, -m, and —n referral, the
Tompkins County Department of Planning has provided informal comments and
recommendations, by correspondence dated January 14, 2013 on the issues of: (1)
Collaboration with TCAT to devise a complete system of safe options for northbound and
southbound bus service and also pedestrian access to transit from the Woodland Park
adjacent PDA; (2) Improved Building Solar Orientation of the project to take advantage of
passive solar orientation and also allow rooftop solar access for photovoltaic or solar
thermal systems; (3) Inclusion in the traffic analysis on impacts to the Warren road, Route
13 intersection; and (4) Confirmation that the sewer capacity needed for the PDA will not
impact in any way the capacity committed to other properties in the sewer district,
including the Tompkins County owned portion of the Ithaca-Tompkins Regional Airport.
A complete copy of th e Tompkins County Department of Planning Comments, dated
January 14, 2013, and the Applicants/Developers' Engineer's response thereto of the same
date are attached to this resolution;
and
WHEREAS, in respect to the January 14, 2013 Tompkins County Department of Planning
comments and recommendations, the Town of Lansing Planning Board finds that (1) the
bus shelter deign proposed by the Applicant/ Developers is satisfactory such that further
work for a complete system of options with TCAT is not recommended; (2) the Applicants/
Developers have never represented the solar potion of the development plan in any other
manner than passive solar, and most buildings appropriately face to the south; (3) future
sewer capacity f or other current and future users in the district has been confirmed by the
Town Engineer; and (4) the Planning Board is fully satisfied with the Applicant's traffic
report and SRF review thereof; and
WHEREAS, the Tompkins County Department of Planning formal comments and
recommendations in response to the Planning Board and Town's GML § 239-1, -m, and —n
referral continue to remain outstanding, and the Planning Department will again be
requesting formal comment and recommendations from the Tompkins County Department
of Planning for the Town Board's upcoming review of the Final Development Plan; and
WHEREAS, upon due consideration and deliberation by the Town of Lansing Planning Board,
now therefore be it
APPROVED
RESOLVED, that, pursuant to Section 706.7 et sec] 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 Final
Development Plan, subject to the continuing conditions of approval as set forth in the above
Planning Board Findings and also subject to such additional conditions as set forth below:
I. The final filed development plan plat should be revised to delineate individual tax
map parcel numbers for the disparate parcels; and
2. The final filed development plan plat should be revised to delineate all future road
dedications in fee or easement referenced in conditions #7 (A)(B) and (C) with a notation
upon the final development plan/plat in regard to same.
and it is
FURTHER RESOLVED AND DECLARED that the final development plan be provided by the
Planning Department to the Town Board for re \ iew and that, pursuant to Land Use Ordinance
Section 706.7, a copy of this recommendation of the Planning Board shall be filed by the
Planning Department with the Town Board and with the Code Enforcement Officer.
and it is
FURTHER RESOLVED AND DECLARED that Town Board Action on the Final Development
Plan is governed by Land Use Ordinance Section 706.8 which requires that a duly notice a public
hearing be scheduled by the Town Board for review of the final development plan, said hearing
to be conducted within 45 days of the Town Board's receipt of the final development plan.
January 14, 2013
Al Fiorille seconded the motion and it was carried by the following roll call vote:
Vote of Planning Board ... (Aye) Lin Davidson, Member
Vote of Planning Board ... (Aye) Al Fiorille, Member
Vote of Planning Board ... (Aye) Gerald Caward, Member
Vote of Planning Board ... (Aye) Larry Sharpsteen, Member
Vote of Planning Board . . . (Aye) David Hatfield, Member
Vote of Planning Board ... (Aye) Rick Prybyl, Member
APPROVED
Other Business- H.Floyd Davis,
Driveway Concern, 54 Lake Forest Drive, Tax # 32.-1-37.428
Lin Davidson states the Planning Board previously asked that the driveway be
approved for Emergency Vehicles. After much discussion, the Highway Su pervisor
and Fire Chief don't feel that they should be in the middle of that process, as well as
some Planning Board Members that said that from the beginning. As it turns out, the
NYS fire code that deals with driveway specifications can and shall apply to the
Subdivision. Fire service features dimension shall be twelve feet width, with thirteen
feet six inches height, in excess of five hundred feet in length, does not exit to other fire
apparatus, access to road or other public street, a turnaround shall be provided suitable
for use by fire apparatus. Driveways in excess of 500 feet in length and less than twenty
feet in width shall be provided with turn outs along the driveway.etc.etc. The drive
stability including bridge and other supporting structures shall be constructed to
support fire apparatus in all weather conditions.
Ms. Moynihan Schmitt inquired from the Planning Board Members whether they
would consider revising Resolution 12-64, condition number 9 as there has been a lot of
discussion regarding it?
Kathy Miller, Town Supervisor stated the Code Enforcement Officer will do the
required inspection, supporting the NYS Fire Code.
Mr. Ellis wants to make sure the Developer are made aware of the space requirements
that are needed in order to turn around.
Larry Sharpsteen stated it is in the original Minutes (December 17, 2012) that state the
owner/developer will follow whatever it takes to get the job done, and will be consist
with Floyd Davis's driveway.
Larry Sharpsteen offered a motion to revise the condition #9 of Resolution 12 -64 by
removing the Town Highway Supervisor and Fire Department to perform the
Inspection on the driveway. The Inspection will fall back on the Town of Lansing Code
Enforcement Officer, and shall reflect 511 of the NYS Fire Code in terms of Specs.
Richard Prybyl seconded.
Vote of Planning Board ... (Aye) Lin Davidson, Member
Vote of Planning Board ... (Aye) Al Fiorille, Member
Vote of Planning Board ... (Aye) Gerald Caward, Member
Vote of Planning Board ... (Aye) Larry Sharpsteen, Member
Vote of Planning Board ... (Aye) David Hatfield, Member
Vote of Planning Board ... (Aye) Rick Prybyl, Member
APPROVED
Mr. Davidson motioned to approve the minutes of December 17, 2012. A decision was
made hold this item for next meeting.
Larry Sharpsteen made a motion to adjourn the Meeting at 8:25 PM. David Hatfield
seconded the motion and it was carried by the following roll call vote:
Vote of Planning Board .. . (Aye) Lin Davidson, Member
Vote of Planning Board ... (Aye) Al Fiorille, Member
Vote of Planning Board ... (Aye) Larry Sharpsteen, Member
Vote of Planning Board . .. (Aye) David Hatfield, Member
Vote of Planning Board . .. (Aye) Rick Prybyl, Member