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Home My WebLink About10-07-13 PB Minutes.docxDRAFT Town of Lansing Wednesday, October 07, 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 Kathy Miller, Town Supervisor Public Present John DennisBob Nicholas Brian EdenShirley Egan Richard ThalerAndrew Murray Jack MorseJames Eastman Tina EastmanToni Andres Robert BrownJoanne Brown Heidi LarounisJames Larounis Bert BlandAndrew Murphy Other Business Thomas Ellis, Chairperson called the Planning Board Meeting to order at 7:17 PM. Mr. Ellis inquired if there were any questions or concerns from the Public that is not related to the Agenda. There were none. Public Hearings SEQR & Overall Site Plan Application: Applicant: Distributed Sun, LLC, for site plan approval for the proposed Cornell Snyder Road PV Array (Solar Project) on land owned by Cornell University located on Snyder Road in the Town of Lansing, New York and otherwise known as Tax Parcel #44.-1-50.2, IR Industrial/Research District Distributed Sun, LLC, is requesting Site Plan approval for the proposed Cornell Snyder Road PV Array (Solar Project) on land owned by Cornell University located on Snyder Road in the Town of Lansing, New York and otherwise known as Tax Parcel #44.-1-50.2, IR Industrial/Research District. The proposal is for Distributed Sun, LLC, to enter into a site license with Cornell University for a +/- 11.3 acre portion of the parcel for the purpose of installing a +/- 2 MW Solar PV array consisting of approximately 6,766 high-efficiency, ground mounted solar panels, two inverters, an access road, and 8 foot high fencing around the perimeter of the site. David Hatfield made a motion to open the Public Hearing on the SEQR and Site Plan. Jerry Caward seconded the motion and it was carried by the following roll call vote: VOTE AS FOLLOWS: Vote of Planning Board . . . (Aye) Gerald Caward, Member Vote of Planning Board . . . (Aye) Al Fiorille, Member Vote of Planning Board . . . (Aye) David Hatfield, Member Vote of Planning Board . . . (Aye) Richard Prybyl, Member Vote of Planning Board . . . (Aye) Larry Sharpsteen, Member Vote of Planning Board . . . (Aye) Thomas Ellis, Member Tompkins County 239 Reply Larry Sharpsteen inquired if periodic monitoring would occur, as there could be some disturbance with clay structures. Dan Walker, P.E of Labella Associates in Ithaca states the structural panels will be driven 4-6 ft deep, and 3-4 ft deep for the fence post. There will be no fence post driven on the east side of the site. Bert Bland, Director of Energy Sustainability at Cornell states there is no significant threat to human health or the environment. Monitoring is an ongoing process. Members inquired about the NYSERDA grant that is helping fund the project, as well as Cornell funds and what benefits if any would/could the Town reap from the project. David Herrick, Town Engineer Recommendations Mr. Herrick further states he felt it was in the best interest of the Town to have the NYS regions Stormwater Specialist review the project. Ms. Ellen Hahn has received the material, but has not completed her review. However, her concerns are that there is a change in hydrology from the proposed project. Dan Walker indicated although they have slightly changed their plans, he believes they have not changed their hydrology significantly on the site and it will not create any drainage problems in the area. Public Comments/Concerns John Dennis: Is keen for the project to be a success, concerns are: The site be non effective view sheds, the 8ft chain link fence should have an evergreen hedge. Herbicide free. Study the vegetation for ground cover. Quality of the product-others out there will last longer Dan Walker states their intent is not to use herbicides. The intent is to mechanically control. Jonathan Kanter states in the environmental review it was taken into consideration that there are no identified or designated scenic views or vistas in the area. The site did not appear to be very visible from any of the major surrounding roads. Members and the Town Engineer discussed waiting on any approvals until Ms. Hahn, NYS Stormwater Specialist replies with her report. Larry Sharpsteen made a motion to hold the Public Hearing open until such time as the Town receives a response from the State. Gerald Caward seconded the motion and it was carried by the following roll call vote: VOTE AS FOLLOWS: Vote of Planning Board . . . (Aye) Gerald Caward, Member Vote of Planning Board . . . (Aye) Al Fiorille, Member Vote of Planning Board . . . (Aye) David Hatfield, Member Vote of Planning Board . . . (Aye) Richard Prybyl, Member Vote of Planning Board . . . (Aye) Larry Sharpsteen, Member Vote of Planning Board . . . (Aye) Thomas Ellis, Member Members requested that a copy of the FCC Report be provided to them for their next scheduled Meeting. Robert Nicholas, Tompkins Regional Airport Manager provided the Members with a glare analysis from the FCC. Shirley Eagan, Representative for Cornell requested that a request with a timeline be given to Ms. Hahn at the DEC that allows her to meet the next Planning Board’s Meeting deadline of October 28, 2013. Informal Sketch Plan Discussion- Whispering Pines Subdivision Phase VI: Consisting of 30 total lots, proposed to be constructed in Phases. Applicant: Richard Thaler, Tax Parcel # 40.-3-2.12, to be located at Asbury and Warren Road, R1 Residential Low Density District. Chairman Ellis advised the Public this is an informal discussion. Public comments will be limited tonight. Richard Thaler gave a brief history of the Whispering Pines Subdivision. His proposal is for 30 +/- lots on remaining lands (approximately 64 acres) located off of Warren Road and Asbury Road. The proposal will be constructed in phases, with the first phase having 6/7 lot along Warren Road/Asbury Road and lot 28. Gulf Stream runs through the site of the proposed subdivision in a low-lying area. The area shown as Lot 30 on the subdivision plan has already been reserved with an easement to the Town for maintaining the stormwater facilities of Whispering Pines V. A Unique Natural Area (UNA-65), known as “Head Corners Wetland”, has been designated by the Tompkins County Environmental Management Council, located just east of the project site across Warren Road. UNA-65 is a forested wetland dominated by hemlock and red maples. Drainage flows generally from east to west/northwest in this area, and Warren Road tends to physically separate UNA-65 from the subdivision site. Therefore, impacts of the proposed subdivision on UNA-65 are not expected to be significant. However, the presence of UNA-65 in the vicinity of the subdivision site and the low-lying character of the land along Gulf Stream are possible indicators that there could be wetland areas on portions of the proposed subdivision site. The proposed subdivision will provide the opportunity to connect this remaining land with the existing roads in the developed areas to the south. The following is a Sketch presented to the Board: Members discussed Stormwater practices for the entire proposal and felt it was necessary for the Developer’s Engineer to incorporate the full build out of phases in his Stormwater analysis Thomas Ellis inquired from Mr. Fabbroni if he has touched base with the Trails Committee. Mr. Fabbroni states no. James Eastman asked why is it so important to develop the lots at all? Planning Board Member’s response- “It’s their land”. Robert Brown: The Stormwater drainage really needs to be looked at. Other Business Chairman Ellis advised the Members that the Planning Board Attorney, Lorraine Moynihan Schmitt & Guy Krogh are partners in the law firm of Thaler & Thaler. Mr. Richard Thaler is no longer a partner in the firm but does consulting work out of their office. Due to potential conflicts with the upcoming project, the Attorneys’ felt it would be in the best interest of all parties to have a waiver from the Planning Board, Town Board and the Applicant prior to moving forward. Larry Sharpsteen made a motion allowing the Planning Board to have on file an appropriate waiver to allow the Town to continue to use Thaler and Thaler Law Offices as representation for the Planning Board and Town Board on this project. Al Fiorille seconded the motion and it was carried by the following roll call vote: VOTE AS FOLLOWS: Vote of Planning Board . . . (Aye) Gerald Caward, Member Vote of Planning Board . . . (Aye) Al Fiorille, Member Vote of Planning Board . . . (Aye) David Hatfield, Member Vote of Planning Board . . . (Aye) Richard Prybyl, Member Vote of Planning Board . . . (Aye) Larry Sharpsteen, Member Vote of Planning Board . . . (Aye) Thomas Ellis, Member Approval/Denial of September 23, 2013 Meeting Minutes Page 2, 2nd paragraph the word insert should say: inserted. Page 11: Jack Jensen Development: 4th sentence should say 2 bedroom unit and a 1 bedroom unit. Larry Sharpsteen made a motion to approve as amended. Al Fiorille seconded the motion and it was carried by the following roll call vote: VOTE AS FOLLOWS: Vote of Planning Board . . . (Aye) Gerald Caward, Member Vote of Planning Board . . . (Aye) Al Fiorille, Member Vote of Planning Board . . . (Aye) David Hatfield, Member Vote of Planning Board . . . (Aye) Richard Prybyl, Member Vote of Planning Board . . . (Aye) Larry Sharpsteen, Member Vote of Planning Board . . . (Aye) Thomas Ellis, Member Richard Prybyl made a motion to go into Executive Session at 9:10 PM. Larry Sharpsteen seconded the motion and it was carried by the following roll call vote: VOTE AS FOLLOWS: Vote of Planning Board . . . (Aye) Gerald Caward, Member Vote of Planning Board . . . (Aye) Al Fiorille, Member Vote of Planning Board . . . (Aye) David Hatfield, Member Vote of Planning Board . . . (Aye) Richard Prybyl, Member Vote of Planning Board . . . (Aye) Larry Sharpsteen, Member Vote of Planning Board . . . (Aye) Thomas Ellis, Member The Board reconvened to their regular Planning Board Meeting @ 9:20 PM. Up-Coming Agenda Items for the Next Meeting Cornell Solars Whispering Pines Richard Prybyl made a motion to adjourn the Meeting at 9:25 PM. Larry Sharpsteen seconded the motion and it was carried by the following roll call vote: VOTE AS FOLLOWS: Vote of Planning Board . . . (Aye) Gerald Caward, Member Vote of Planning Board . . . (Aye) Al Fiorille, Member Vote of Planning Board . . . (Aye) David Hatfield, Member Vote of Planning Board . . . (Aye) Richard Prybyl, Member Vote of Planning Board . . . (Aye) Larry Sharpsteen, Member Vote of Planning Board . . . (Aye) Thomas Ellis, Member