HomeMy WebLinkAbout09-09-13 PB Minutes.docxDRAFT
Town of Lansing
Wednesday, September 9, 2013 7:15 PM PLANNING BOARD
PLANNING BOARD MEMBERS
(*Denotes present)
*Tom Ellis, Chairman
*Lin Davidson, Vice-Chairman
Larry Sharpsteen
*David Hatfield
*Richard Prybyl
*Al Fiorille
* Gerald Caward
*Jonathan Kanter, Planning Consultant
* Ray Farkas (Alternate Member)
Other Staff
Lynn Day, Zoning, Code, Fire Enforcement Officer
Public Present Debora Robertson
Cout Bonthius
Floyd Davis
Other Business
Thomas Ellis, Chairperson called the Planning Board Meeting to order at 7:15 PM.
Mr. Ellis inquired if there were any questions or concerns from the Public that is not related to the Agenda. There were none.
Chairman Ellis enacted the Alternate Member to vote due to two Members being absent.
1 Lot Subdivision, Applicant: Debora Robertson-Leo, 18 Asbury Road, Tax Parcel # 37.1-8-7, R2 District-Residential-Moderate Density.
Ms. Robertson-Leo appeared before the Board requesting approval of a one lot subdivision. See Map;
Board Members reviewed material provided to them which includes the following letter from the Tompkins County Health Department;
Ms. Robertson-Leo indicated she did not receive this particular letter. However, she was made aware of the situation via the Realtor and also received a copy of a letter prepared by
Ms. Pertulis to the Health Department with regards to hiring an Engineer to design a plan for the proposed lot.
Lynn Day, Zoning Officer states he spoke directly with Ms. Koski and it was his understanding that plans would have to be designed to accommodate both lots.
Jonathan Kanter states the Board could approve this tonight, however, the signing of the Final Plat by the Chair would be conditioned upon obtaining Health Department approval.
Lin Davidson made a motion to waive the Public Hearing on the SEQR and Subdivision Application. Richard Prybyl seconded the motion and it was carried by the following roll call vote:
Vote of Planning Board . . . (Aye) Gerald Caward, Member
Vote of Planning Board . . . (Aye) Lin Davidson, Member
Vote of Planning Board . . . (Aye) Ray Farkas, Alternate
Vote of Planning Board . . . (Aye) David Hatfield, Member
Vote of Planning Board . . . (Aye) Richard Prybyl, Member
Vote of Planning Board . . . (Aye) Thomas Ellis, Member
The Planning Board Members reviewed Part I completed by the Applicant and reviewed Part II completed by Jonathan Kanter, Planning Consultant of the Full Environmental Assessment Form.
Lin Davidson offered the following Resolution, Richard Prybyl seconded the motion and it was carried by the following roll call vote:
RESOLUTION PB 13-16
TOWN OF LANSING PLANNING BOARD
RESOLUTION OF STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) NEGATIVE DECLARATION FOR THE PROPOSED
DEBORA ROBERTSON ONE-LOT MINOR SUBDIVISION
WHEREAS, an application was made by Debora B. Robertson for subdivision approval for one new residential building lot on Tax Parcel # 37.1-8-7 located at 18 Asbury Road, Lansing, New
York, the current parcel consisting of a total of 1.602 +/- acres, R-2 Residential – Moderate Density Zone; and
WHEREAS, the proposed subdivision, shown on a “Survey Map Showing Proposed Subdivision Lands of Debora Robertson - Leo, Lot 90, Town of Lansing, Tompkins County, New York,” dated 12/11/2012,
would consist of Parcel A (31,303 square feet net with existing house) and Parcel B (31,426 square feet net for a new building lot); and
WHEREAS, this proposed action is an Unlisted Action for which the Town of Lansing Planning Board is an involved agency for the purposes of environmental review; and
WHEREAS, the Town of Lansing Planning Board, in performing its independent and uncoordinated 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 Environmental Assessment Form Part I, and any and all other documents
prepared and submitted with respect to this proposed action and its environmental review, and (ii) thoroughly analyzed the potential relevant areas of environmental concern of the project
to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 617.7(c), and (iii) reviewed and completed
the EAF, Part II on the record;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
The Town of Lansing Planning Board, based upon (i) its thorough review of the EAF, Part I, and any and all other documents prepared and submitted with respect to this proposed action
and its environmental review, (ii) its thorough review of the potential relevant areas of environmental concern of the proposed project to determine if the proposed action may have a
significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 617.7(c), and (iii) its completion of the EAF, Part II (and, if applicable, Part III),
including the findings noted thereon (which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance (“Negative
Declaration”) in accordance with SEQR for the above referenced proposed action, and determines that an Environmental Impact Statement will not be required.
Dated: September 9, 2013
VOTE AS FOLLOWS:
Thomas Ellis - Aye
Lin Davidson - Aye
Gerald Caward, Jr. – Aye
Ray Farkas - Aye
Al Fiorille – Aye
David Hatfield – Aye
Richard Prybyl – Aye
Lin Davidson offered the following Resolution, Gerald Caward seconded the motion and it was carried by the following roll call vote:
RESOLUTION PB 13-17
RESOLUTION OF THE TOWN OF LANSING PLANNING BOARD
APPROVING WITH CONDITIONS
DEBORA ROBERTSON ONE-LOT MINOR SUBDIVISION, 18 ASBURY ROAD
WHEREAS, an application was made by Debora B. Robertson for subdivision approval for one new residential building lot on Tax Parcel # 37.1-8-7 located at 18 Asbury Road, Lansing, New
York, the current parcel consisting of a total of 1.602 +/- acres, R-2 Residential – Moderate Density Zone; and
WHEREAS, the proposed subdivision, shown on a “Survey Map Showing Proposed Subdivision Lands of Debora Robertson - Leo, Lot 90, Town of Lansing, Tompkins County, New York,” dated 12/11/2012,
would consist of Parcel A (31,303 square feet net with existing house) and Parcel B (31,426 square feet net for a new building lot); 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
WHEREAS, on September 9, 2013, the Planning Board determined that the proposed subdivision meets the definition and requirements for a minor subdivision in that the subdivision of this
parcel involves 4 or less lots in any consecutive 3 year period, and there are no roads or infrastructure proposed to be developed, and based on that determination, the Planning Board
classified the subject proposal as a minor subdivision, pursuant to the provisions of Article 5, Section 502.C of the Subdivision Regulations of the Town of Lansing, enacted as Town
of Lansing Local Law No. 2 of 2008; and
WHEREAS, this is an Unlisted Action under the State Environmental Quality Review Act which requires environmental review; and
WHEREAS, the Town of Lansing Planning Board is an involved agency pursuant to State Law governing local environmental review; and
WHEREAS, the Town of Lansing Planning Board has the primary responsibility for approving or carrying out the action and is conducting an uncoordinated environmental review of this action
pursuant to State Law governing local environmental review; and
WHEREAS, this action is exempt from the General Municipal Law County Planning referral requirements of 239-l, 239-m, and 239-n (of Article 12-B) through an Inter-governmental Agreement
between the Tompkins County Planning Department and the Town of Lansing, dated December 17, 2003, as “residential subdivisions of fewer than 5 lots all of which comply with local zoning
standards and Tompkins County Sanitary Code requirements, and do not involve new local roads or streets directly accessing a State or county road” are excluded from the General Municipal
Law referral requirements; and
WHEREAS, on September 9, 2013, the Planning Board reviewed and considered the aforementioned subdivision application in the Lansing Town Hall, 29 Auburn Road, Lansing, New York 14882
and resolved to waive public hearings on the subdivision application and on the State Environmental Quality Review (SEQR) review on this action; and
WHEREAS, on September 9, 2013, this Board, acting on an uncoordinated environmental review of the proposed action, reviewed and accepted as adequate a Short Environmental Assessment
Form (‘EAF”) Part I, submitted by the Applicant, the comments (if any) of the Town Engineer, and other application materials, and the Town of Lansing Planning Board completed Part II
of the EAF; and
WHEREAS, by Resolution adopted on September 9, 2013, the Town of Lansing Planning Board has determined that, pursuant to the provisions of the State Environmental Quality Review Act,
the proposed subdivision will result in no significant impact on the environment and has issued a Negative Declaration of environmental significance for purposes of Article 8 of the
Environmental Conservation Law; and
WHEREAS, the Planning Board has duly considered the proposed subdivision in accordance with the provisions of the Subdivision Regulations of the Town of Lansing including existing development
in the surrounding area, public facilities and services available, the Town’s Comprehensive Plan and Land Use Ordinance, site characteristics and issues, and any potential on and off
site environmental impacts; and
WHEREAS, upon due consideration and deliberation by the Town of Lansing Planning Board, now therefore be it
RESOLVED: that the Town of Lansing Planning Board grant Subdivision Approval with conditions of the Application for one new residential building lot on Tax Parcel # 37.1-8-7 located
at 18 Asbury Road, Lansing, New York, the current parcel consisting of a total of 1.602 +/- acres, R-2 Residential – Moderate Density Zone as shown on a “Survey Map Showing Proposed
Subdivision Lands of Debora Robertson - Leo, Lot 90, Town of Lansing, Tompkins County, New York,” dated 12/11/2012, consisting of Parcel A (31,303 square feet net with existing house)
and Parcel B (31,426 square feet net for a new building lot); subject to the following conditions:
(2) filing of the signed plat in the Tompkins County Clerk’s Office, followed by provision of proof of such filing with the Town of Lansing Code Enforcement Office; and
(3) obtaining the necessary curb-cut/work permit from the Tompkins County Public Works Department for any driveway connecting with Asbury Road prior to issuance of any building permit
on Parcel B.
(1) obtaining approval from the Tompkins County Health Department for septic systems on both Parcels A and B prior to signing of the subdivision plat by the Planning Board Chair. The
Tompkins County Health Department may require certified plans by a licensed engineer demonstrating that septics systems will be able to be designed and function adequately on both Parcels
A and B given the limited land area available on each parcel resulting from the subdivision; and.
September 9, 2013
VOTE AS FOLLOWS:
Thomas Ellis - Aye
Lin Davidson - Aye
Gerald Caward, Jr. – Aye
Ray Farkas - Aye
Al Fiorille – Aye
David Hatfield – Aye
Richard Prybyl – Aye
Sketch Plan Review & Classification: Proposed Lake Forest Circle Subdivision to Include 17 +/- Lots on Approximately 43 Acres, Located off of Lake Forest Drive, Tax Parcel No’s. 32.-1-37.428
and 32.-1-37.440, L1 Lakeshore Zone, H. Floyd Davis, Owner/Applicant; Timothy C. Buhl, P.E., Engineer
Mr. Davis and his Engineer, Tim Buhl appeared before the Board for a sketch plan review and classification of the proposed Lake Forest Circle Subdivision.
Jonathan Kanter, Planner offered the following comments;
This is a follow-up to the informal discussion that was held at the June 24th Planning Board meeting. Sketch plan materials have been submitted by the applicant, including a revised
subdivision plat showing a slope analysis of the site and approximate building envelopes on each lot, as requested by the Board. Article 5, Section 502 of the Town of Lansing Subdivision
Regulations indicates that the Planning Board should discuss the sketch plan with the applicant and address issues such as existing development, public facilities and services, the Comprehensive
Plan, zoning issues, adjacent landowners and uses, community concerns and issues, site characteristics and issues, and any requested, potential, and/or required changes to the sketch
plan proposal. The meeting may be adjourned to allow the applicant to develop final or revised sketch plans and to submit any additional data requested by the Planning Board.
The Tompkins County Planning Department has sent a letter (dated September 3, 2013), with an informal review and comments regarding the sketch plan proposal (letter is included in packet
materials). In that letter the County Planning Department indicates concerns with disturbance to the Unique Natural Area (UNA-24) that has been identified on parts of the site. The
County recommends including a minimum 50 foot no-disturbance buffer to the stream on the southern edge of the site and avoidance of any disturbance to the UNA. In order to accomplish
these objectives, the County Planning Department recommends modifying the sketch plan to eliminate certain of the proposed lots (Lots 10, 11 and 16) in order to establish an appropriate
buffer and reconfiguring remaining lots to place all development and disturbance (including septic systems) outside of the UNA. There may be ways to reconfigure the proposed lot layout
to accomplish the County Planning Department recommendations without necessarily losing three lots, since all proposed lots exceed the minimum lot size required in the L1 Zone (min.
40,000 square feet per dwelling unit). In addition lot configurations may need to be modified to accommodate the stormwater management plan that will have to be developed. These objectives
may also be able to be accomplished through appropriate deed restrictions and “no disturbance areas” shown on the subdivision plat.
The Planning Board should discuss the possible modifications discussed above and then decide whether to adjourn the sketch plan review to address possible modifications or to proceed
with classification of the subdivision (as per Article 5, Section 502.C of the Subdivision Regulations). According to the definitions in the Subdivision Regulations, the proposal would
qualify as a “Major Subdivision” (5 or more lots in any consecutive 3 year period where there are roads or infrastructure that need to be developed …). If the Board decides that the
sketch plan is “final” and ready to be classified, then such classification can be made with a simple resolution of the Board.
Thomas Ellis suggested that the Board consider requesting a plant inventory of the proposed project area.
The Tompkins County Planning Department offered the following informal recommendations;
Tom Ellis inquired about lots 2, 3, 4, & 5 having their own on site rain gardens. Mr. Buhl states they are going to have them on most of the lots to minimize the foot print of the large
ponds. The homeowners would be responsible for the gardens.
Mr. Kanter indicated the Town would want to establish a drainage district for the Stormwater facilities. This would also ensure that the individual gardens are taken care of by the
Homeowners.
Lin Davidson made a motion to classify this as a Major Subdivision. Richard Prybyl seconded the motion and it was carried by the following roll call vote:
Vote of Planning Board . . . (Aye) Gerald Caward, Member
Vote of Planning Board . . . (Aye) Lin Davidson, Member
Vote of Planning Board . . . (Aye) Ray Farkas, Alternate
Vote of Planning Board . . . (Aye) David Hatfield, Member
Vote of Planning Board . . . (Aye) Richard Prybyl, Member
Vote of Planning Board . . . (Aye) Thomas Ellis, Member
Approval/Denial of August 26, 2013 Meeting Minutes
Page 5, under Other Business: last sentence the word teacher is should read tacit.
Lin Davidson made a motion to approve as amended. Ray Farkas seconded the motion and it was carried by the following roll call vote:
Vote of Planning Board . . . (Aye) Gerald Caward, Member
Vote of Planning Board . . . (Aye) Lin Davidson, Member
Vote of Planning Board . . . (Aye) Ray Farkas, Alternate
Vote of Planning Board . . . (Aye) David Hatfield, Member
Vote of Planning Board . . . (Aye) Richard Prybyl, Member
Vote of Planning Board . . . (Aye) Thomas Ellis, Member
Change of Schedule
Jonathan Kanter suggested that the Board consider scheduling a second Meeting for October due to a large number of projects coming before the Board. In addition, the Board may want to
consider have a Public Hearing on the solar project. After some discussion, it was decided that the Planning Board would hold an additional Meeting on Monday, October 7, 2013 at 7:15
PM.
Lin Davidson made a motion to add an additional date to the October schedule as follows; Monday, October 7, 2013 at 7:15 PM. Richard Prybyl seconded the motion and it was carried by
the following roll call vote:
Vote of Planning Board . . . (Aye) Gerald Caward, Member
Vote of Planning Board . . . (Aye) Lin Davidson, Member
Vote of Planning Board . . . (Aye) Ray Farkas, Alternate
Vote of Planning Board . . . (Aye) David Hatfield, Member
Vote of Planning Board . . . (Aye) Richard Prybyl, Member
Vote of Planning Board . . . (Aye) Thomas Ellis, Member
Jonathan Kanter will move forward with setting a Public Hearing on the Solar project for Monday, October 7, 2013 at 7:20PM.
Other Business
Lynn Day states Jeanine Kirby who owns property on Goodman Road previously came before the Planning Board requesting to do a 9 Lot Subdivision. At that time, the Board advised Ms. Kirby
she would have to do Stormwater Practices for the overall Major Subdivision. Ms. Kirby has now changed her mind and would like to do a 1 lot exempt subdivision. She states she will
never do the 9 lots. Mr. Day would like to know if the Planning Board would accept a rain garden on this lot. The Planning Board Members felt Mr. Day should contact David Herrick, Engineer
for the Town or Ellen Hahn from the DEC to obtain their recommendations.
Up-coming Stormwater Training
Lynn Day advised all the Members present that a 4 hours Training will be held at the Town Hall and at a construction site in Lansing on October 28, 2013 from 8:30 AM to 1:00 PM. Rachel
Jacobsen will send the material out to all the Members.
Richard Prybyl made a motion to adjourn the Meeting at 8:24 PM. Gerald Caward seconded the motion and it was carried by the following roll call vote:
Vote of Planning Board . . . (Aye) Gerald Caward, Member
Vote of Planning Board . . . (Aye) Lin Davidson, Member
Vote of Planning Board . . . (Aye) Ray Farkas, Alternate
Vote of Planning Board . . . (Aye) David Hatfield, Member
Vote of Planning Board . . . (Aye) Richard Prybyl, Member
Vote of Planning Board . . . (Aye) Thomas Ellis, Member