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Home My WebLink About12-09-13 PB Agenda & Minutes Town of Lansing Planning Board Meeting December 09, 2013 at 7:15 PM Lansing Town Hall – Large Court Rm. http://www.lansingtown.com/ Agenda Time: Agenda Topics 7:15 P.M. Public Comments/Concerns. 7:20 P.M. Site Plan Review – Home Office for Acupuncture Practice, Applicant; Christine Lee, 3 Reach Run, Tax Parcel # 36.-1-26, R-1 Residential Low Density District.  Consider Waiver of Public Hearings  Consider SEQR Determination of Environmental Significance  Consider Site Plan Approval 7:30 P.M. Continuation of Discussion Regarding Possible Revisions to Subdivision Regulations – e.g., amend definitions of “exempt” and “minor” subdivisions; consider new provisions for expiration of filed subdivisions (refer to materials previously distributed). 7:50 P.M. Discussion Regarding Possible Zoning Map Changes (if ready). Consider Approval of Tentative 2014 Planning Board Meeting Schedule. Consider Approval of November 25, 2013 Meeting Minutes. Any other business deemed necessary. Town of Lansing Planning Board Meeting December 09, 2013 at 7:15 PM Lansing Town Hall – Large Court Rm. http://www.lansingtown.com/ Agenda Time:Agenda Topics 7:15 P.M. Public Comments/Concerns. 7:20 P.M.Site Plan Review – Home Office for Acupuncture Practice, Applicant; Christine Lee, 3 Reach Run, Tax Parcel # 36.-1-26, R-1 Residential Low Density District. Consider Waiver of Public Hearings Consider SEQR Determination of Environmental Significance Consider Site Plan Approval 7:30 P.M.Continuation of Discussion Regarding Possible Revisions to Subdivision Regulations – e.g., amend definitions of “exempt” and “minor” subdivisions; consider new provisions for expiration of filed subdivisions (refer to materials previously distributed). 7:50 P.M.Discussion Regarding Possible Zoning Map Changes (if ready). Consider Approval of Tentative 2014 Planning Board Meeting Schedule. Consider Approval of November 25, 2013 Meeting Minutes. Any other business deemed necessary. DRAFT Town of Lansing Wednesday, December 09, 2013 4:15 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 Ed LaVigne, Town Board Member Public Present Christine Lee James Lee Other Business Thomas Ellis, Chairperson called the Planning Board Meeting to order at 7:15 PM. Mr. Ellis inquired if there was anyone from the Public that would like to speak with an issue that was not listed on the Agenda. There were none. Chairman Ellis enacted the Alternate Member to vote due to a Member being absent. Site Plan Review – Home Office for Acupuncture Practice, Applicant; Christine Lee, 3 Reach Run, Tax Parcel # 36.-1-26, R-1 Residential Low Density District. Ms. Lee appeared before the Board requesting Site Plan Review to conduct an In-Home acupuncture business. Ms. Lee distributed literature with respect to her type of occupation. Ms. Lee states her clientele will be limited to 5-6 persons per week. There will be no employees. There will be no new lighting. Once her business expands, most likely she will move to a downtown location. Eventually, Ms. Lee would like to have a sign erected on her property. At this time, she has not decided on a size. Planning Board Members felt that they should apply a condition as part of the approval process with respect to the size of the sign. Larry Sharpsteen felt the Board could waive the Public Hearing on the SEQR process as there will be no change, however he felt it was necessary to hold a Public Hearing on the overall Application. Lin Davidson stated the parcel is located not far from the main road and the clients do not need to ride through an entire neighborhood to get there, he sees no need for a Public Hearing. Jerry Caward agreed with Mr. Davidson and suggested waiving the Public Hearing. Mr. Caward states the neighbors within 600’ have been notified and there were none present to voice their concerns. Jonathan Kanter read the following letter aloud; Thomas Ellis, Chairman stated that obviously prior to the homeowner purchasing their home, they did not realize or research that an In-Home Business is an allowed use in their district. Richard Prybyl, Planning Board Member and resident outside of the 600’ range offered the following comments via email on this date; Fellow Town Planning Board Members: I have concerns about the agenda item which would permit an acupuncture medical practice to operate at 3 Reach Run. Simply stated, operating a commercial / medical enterprise in the Lakewatch community is not in keeping with the spirit or intention of the residential community that Lakewatch was built to be; that residents bought property with a de facto understand as such and in fact is. Collectively, the Lakewatch residential development pays a significant amount of taxes to our town in large part because it is a sought-after residential community. Populating the community with commercial elements will challenge the desirability of the community to current and potential owners in the future. Second, the property in tonight’s question is on the corner and entry access way to Lakewatch. Street parking in the immediate vicinity of the 3 Reach Run home can obscure visibility to traffic coming around the corner, There are many residents who regularly walk in this area and there are no sidewalks. (Will the owner or town be willing to assume additional liability for any future accidents at this intersection?) I believe that the business proposal is not in keeping with: The spirit and intent of this residential community. Will erode property values. Increases the likelihood of a traffic / pedestrian accident. I recommend that we decline this request. Short of this, we should conduct a Public Hearing, but only as a last resort to disapproving the request. Thomas Ellis, Chairman again reiterated to all present that this is an allowed use. Jerry Caward felt that having upset neighbors would and should warrant a Public Hearing for suggestions. Larry Sharpsteen made a motion to set a Public Hearing on the overall Site Plan Approval for Monday, January 27, 2014 at 7:20 PM. Lin Davidson 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) Larry Sharpsteen, Member Vote of Planning Board . . . (Aye) Thomas Ellis, Member Larry Sharpsteen made a motion waive the Public Hearing on the SEQR. Lin Davidson 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) Larry Sharpsteen, Member Vote of Planning Board . . . (Aye) Thomas Ellis, Member The Planning Board Members reviewed Part I and completed Part II of the Full Environmental Assessment Form prepared by Jonathan Kanter. Li Davidson offered the following Resolution. 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) Larry Sharpsteen, Member Vote of Planning Board . . . (Aye) Thomas Ellis, Member RESOLUTION PB 13-26 TOWN OF LANSING PLANNING BOARD RESOLUTION OF STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) NEGATIVE DECLARATION FOR THE PROPOSED CHRISTINE LEE HOME OFFICE - SITE PLAN WHEREAS, an application was made by Christine Lee for site plan approval for a proposed home office, located at 3 Reach Run, Lansing, New York and otherwise known as Tax Parcel #36.-1-26, R1 Residential – Low Density District; and WHEREAS, the proposal is to establish an in-home acupuncture practice in the existing house on a lot consisting of +/- 0.884 acres, as shown on the survey map provided by the applicant, with no exterior changes proposed; 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 the lead agency function for 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 Short 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 Short 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 Short 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 Short 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: December 9, 2013 VOTE AS FOLLOWS: Gerald Caward - Aye Lin Davidson - Aye Ray Farkas - Aye Larry Sharpsteen - Aye Thomas Ellis – Aye 2013 Slate of Officers The following Slate was proposed; Thomas Ellis – Chairman Lin Davidson – Vice Chairman Al Fiorille – Secretary David Hatfield Treasure Larry Sharpsteen made a motion to accept the nomination of the recommended slate of officers and forward to the Town Board. Lin Davidson seconded the motion. VOTE AS FOLLOWS: Gerald Caward - Aye Lin Davidson - Aye Ray Farkas - Aye Larry Sharpsteen - Aye Thomas Ellis – Aye Continuation of Discussion Regarding Possible Revisions to Subdivision Regulations – e.g., amend definitions of “exempt” and “minor” subdivisions; consider new provisions for expiration of filed subdivisions (refer to materials previously distributed). Members discussed the proposed revisions; Minor Subdivision: Modify definition Exempt Subdivisions: Modify definition For both of the above Subdivisions, the definition must be modified to say; no more than two lots and there would no longer be a reference to a time frame. Stormwater with respect to Subdivisions A discussion took place with respect to when Stormwater gets triggered on a Subdivision. After much discussion, it was determined that the overall project which begins with the parent parcel is to be taken into consideration. Starting with the third (3) lot would begin the process. The first two lots with homes already constructed would be excluded from the process. The DEC recommends that onsite rain gardens or bio retentions get recorded on the property deeds. Expiration of Subdivision Approval Members felt a 3 (three) year sunset limit should be appropriate for any approved Subdivision that has not begun construction. Jonathan Kanter provided the following example for the Members to review; Zoning Map Changes Lynn Day, Zoning Officer presented Members with a copy of the proposed Zoning Map. Mr. Day explained the changes as the result of the Zoning Revision Committee’s review. Tentative 2014 Planning Board Schedule All Members were in favor of the schedule. Consider Approval of November 25, 2013 Meeting Minutes Page 5, # B shit to shift Page 5,After discussing the above (D) the Board agreed to recommend the additional modification. Larry Sharpsteen made a motion to approve the Minutes as amended. Lin Davidson 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) Larry Sharpsteen, Member Vote of Planning Board . . . (Aye) Thomas Ellis, Member December 23, 2013 Planning Board Meeting Cancelled Thomas Ellis made a motion to cancel the December 23, 2013 Planning Board Meeting. Lin Davidson 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) Larry Sharpsteen, Member Vote of Planning Board . . . (Aye) Thomas Ellis, Member Joint Meeting w/ Town Board Jonathan Kanter reminded the Members of the Joint Meeting to go over the results of the Comprehensive Survey. The Meeting has been set for Wednesday, December 18, 2013 at 6:00 PM (for approximately 1 hour) in the Town Hall Board Room. Larry Sharpsteen made a motion to adjourn the Meeting at 9:30 PM. Lin Davidson 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) Lin Davidson, Member Vote of Planning Board . . . (Aye) Ray Farkas, Alternate Vote of Planning Board . . . (Aye) Larry Sharpsteen, Member Vote of Planning Board . . . (Aye) Thomas Ellis, Member DRAFT 1 Town of Lansing Wednesday, December 09, 2013 4:15 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 Ed LaVigne, Town Board Member Public Present Christine Lee James Lee Other Business Thomas Ellis, Chairperson called the Planning Board Meeting to order at 7:15 PM. Mr. Ellis inquired if there was anyone from the Public that would like to speak with an issue that was not listed on the Agenda. There were none. Chairman Ellis enacted the Alternate Member to vote due to a Member being absent. Site Plan Review – Home Office for Acupuncture Practice, Applicant; Christine Lee, 3 Reach Run, Tax Parcel # 36.-1-26, R-1 Residential Low Density District. Ms. Lee appeared before the Board requesting Site Plan Review to conduct an In-Home acupuncture business. Ms. Lee distributed literature with respect to her type of DRAFT 2 occupation. Ms. Lee states her clientele will be limited to 5-6 persons per week. There will be no employees. There will be no new lighting. Once her business expands, most likely she will move to a downtown location. Eventually, Ms. Lee would like to have a sign erected on her property. At this time, she has not decided on a size. Planning Board Members felt that they should apply a condition as part of the approval process with respect to the size of the sign. Larry Sharpsteen felt the Board could waive the Public Hearing on the SEQR process as there will be no change, however he felt it was necessary to hold a Public Hearing on the overall Application. Lin Davidson stated the parcel is located not far from the main road and the clients do not need to ride through an entire neighborhood to get there, he seems no need for a Public Hearing. Gerry Caward agreed with Mr. Davidson and suggested waiving the Public Hearing. Mr. Caward states the neighbors within 600’ have been notified and there were none present to voice their concerns. Jonathan Kanter read the following letter aloud; DRAFT 3 Thomas Ellis, Chairman stated that obviously prior to the homeowner purchasing their home, they did not realize or research that an In-Home Business is an allowed use in their district. Richard Prybyl, Planning Board Member and resident outside of the 600’ range offered the following comments via email on this date; Fellow Town Planning Board Members: DRAFT 4 I have concerns about the agenda item which would permit an acupuncture medical practice to operate at 3 Reach Run. Simply stated, operating a commercial / medical enterprise in the Lakewatch community is not in keeping with the spirit or intention of the residential community that Lakewatch was built to be; that residents bought property with a de facto understand as such and in fact is. Collectively, the Lakewatch residential development pays a significant amount of taxes to our town in large part because it is a sought-after residential community. Populating the community with commercial elements will challenge the desirability of the community to current and potential owners in the future. Second, the property in tonight’s question is on the corner and entry access way to Lakewatch. Street parking in the immediate vicinity of the 3 Reach Run home can obscure visibility to traffic coming around the corner, There are many residents who regularly walk in this area and there are no sidewalks. (Will the owner or town be willing to assume additional liability for any future accidents at this intersection?) I believe that the business proposal is not in keeping with: 1) The spirit and intent of this residential community. 2) Will erode property values. 3) Increases the likelihood of a traffic / pedestrian accident. I recommend that we decline this request. Short of this, we should conduct a Public Hearing, but only as a last resort to disapproving the request. Thomas Ellis, Chairman again reiterated to all present that this is an allowed use. Jerry Caward felt that having upset neighbors would and should warrant a Public Hearing for suggestions. Larry Sharpsteen made a motion to set a Public Hearing on the overall Site Plan Approval for Monday, January 27, 2014 at 7:20 PM. Lin Davidson 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) Larry Sharpsteen, Member Vote of Planning Board . . . (Aye) Thomas Ellis, Member Larry Sharpsteen stated for the record, it’s not a question “am I happy”? I feel it’s equitable. DRAFT 5 Larry Sharpsteen made a motion waive the Public Hearing on the SEQR. Lin Davidson 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) Larry Sharpsteen, Member Vote of Planning Board . . . (Aye) Thomas Ellis, Member The Planning Board Members reviewed Part I and completed Part II of the Full Environmental Assessment Form prepared by Jonathan Kanter. Li Davidson offered the following Resolution. 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) Larry Sharpsteen, Member Vote of Planning Board . . . (Aye) Thomas Ellis, Member RESOLUTION PB 13-26 TOWN OF LANSING PLANNING BOARD RESOLUTION OF STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) NEGATIVE DECLARATION FOR THE PROPOSED CHRISTINE LEE HOME OFFICE - SITE PLAN WHEREAS, an application was made by Christine Lee for site plan approval for a proposed home office, located at 3 Reach Run, Lansing, New York and otherwise known as Tax Parcel #36.-1-26, R1 Residential – Low Density District; and WHEREAS, the proposal is to establish an in-home acupuncture practice in the existing house on a lot consisting of +/- 0.884 acres, as shown on the survey map provided by the applicant, with no exterior changes proposed; 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 DRAFT 6 WHEREAS, the Town of Lansing Planning Board, in performing the lead agency function for 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 Short 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 Short 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 Short 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 Short 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: December 9, 2013 VOTE AS FOLLOWS: Gerald Caward - Aye Lin Davidson - Aye Ray Farkas - Aye Larry Sharpsteen - Aye Thomas Ellis – Aye 2013 Slate of Officers The following Slate was proposed; Thomas Ellis – Chairman Lin Davidson – Vice Chairman DRAFT 7 Al Fiorille – Secretary David Hatfield Treasure Larry Sharpsteen made a motion to accept the nomination of the recommended slate of officers and forward to the Town Board. Lin Davidson seconded the motion. VOTE AS FOLLOWS: Gerald Caward - Aye Lin Davidson - Aye Ray Farkas - Aye Larry Sharpsteen - Aye Thomas Ellis – Aye Continuation of Discussion Regarding Possible Revisions to Subdivision Regulations – e.g., amend definitions of “exempt” and “minor” subdivisions; consider new provisions for expiration of filed subdivisions (refer to materials previously distributed). Members discussed the proposed revisions; Minor Subdivision: Modify definition Exempt Subdivisions: Modify definition For both of the above Subdivisions, the definition must be modified to say; no more than two lots and there would no longer be a reference to a time frame. Stormwater with respect to Subdivisions A discussion took place with respect to when Stormwater gets triggered on a Subdivision. After much discussion, it was determined that the overall project which begins with the parent parcel is to be taken into consideration. Starting with the third (3) lot would begin the process. The first two lots with homes already constructed would be excluded from the process. The DEC recommends that onsite rain gardens or bio retentions get recorded on the property deeds. Expiration of Subdivision Approval Members felt a 3 (three) year sunset limit should be appropriate for any approved Subdivision that has not begun construction. Jonathan Kanter provided the following example for the Members to review; DRAFT 8 DRAFT 9 DRAFT 10 Zoning Map Changes Lynn Day, Zoning Officer presented Members with a copy of the proposed Zoning Map. Mr. Day explained the changes as the result of the Zoning Revision Committee’s review. DRAFT 11 Tentative 2014 Planning Board Schedule All Members were in favor of the schedule. DRAFT 12 Consider Approval of November 25, 2013 Meeting Minutes Page 5, # B shit to shift Page 5, After discussing the above (D) the Board agreed to recommend the additional modification. Larry Sharpsteen made a motion to approve the Minutes as amended. Lin Davidson 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) Larry Sharpsteen, Member Vote of Planning Board . . . (Aye) Thomas Ellis, Member December 23, 2013 Planning Board Meeting Cancelled Thomas Ellis made a motion to cancel the December 23, 2013 Planning Board Meeting. Lin Davidson 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) Larry Sharpsteen, Member Vote of Planning Board . . . (Aye) Thomas Ellis, Member Joint Meeting w/ Town Board Jonathan Kanter reminded the Members of the Joint Meeting to go over the results of the Comprehensive Survey. The Meeting has been set for Wednesday, December 18, 2013 at 6:00 PM (for approximately 1 hour) in the Town Hall Board Room. Larry Sharpsteen made a motion to adjourn the Meeting at 9:30 PM. Lin Davidson 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) Lin Davidson, Member Vote of Planning Board . . . (Aye) Ray Farkas, Alternate Vote of Planning Board . . . (Aye) Larry Sharpsteen, Member Vote of Planning Board . . . (Aye) Thomas Ellis, Member