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HomeMy WebLinkAbout02-10-14 PB Minutes APPROVED Town of Lansing Monday, February 10, 2014 7:15 PM PLANNING BOARD PLANNING BOARD MEMBERS (*Denotes present) * Tom Ellis, Chairman * Lin Davidson, Vice-Chairman * Larry Sharpsteen * Richard Prybyl * Al Fiorille * Gerald Caward * Jonathan Kanter, Planning Consultant * Ray Farkas * Deborah Trumbull (Alternate) Other Staff Lynn Day, Zoning, Code, Fire Enforcement Officer Kathy Miller, Town Supervisor, TB Liaison Charlie Purcell, Deputy Highway Superintendent Public Present Jack Jensen John Stevens Jim Stephenson Jennifer Micale Jeff Goodman John Young John Andersson Other Business Tom Ellis, Chairperson called the Planning Board Meeting to order at 7:18 PM. No Public comments/concerns voiced. Education - Drainage Benefit District s Lorraine Moynihan Schmitt, Legal Counsel for the Planning Board explained to the Board Members that Drainage Districts are Benefit Districts. The purpose of the Drainage District is to control and manage the flow of Stormwater from all categories of land use. Standard operating procedures in Lansing, has been that each Major APPROVED Subdivision has a Drainage District. The purpose is to manage Stormwater and erosion. In addition, it also is to make sure if there is a Homeowner’s Association that defaults, the Town is covered for Stormwater maintenance by the people within that district. Because it is a Benefit District, the cost differs from lot to lot. It is based on the percentage of land in the district. Final Plat Approval of Amended Subdivision Plat for the addition of two new lots (Lots 20 and 21) and the modification of existing Lot 19, Farm Pond Circle Subdivision, Farm Pond Circle & Peruville Road, Applicant: Jack Jensen Development Co. LLC, Tax Parcel #’s 38.-1-4.121 & 38.-1- 4.122, RA Rural Agricultural District and R3 Residential Mixed-Use District. The Planning Board Members reviewed Part I completed by the Applicant’s Engineer and Part II of the Full Environmental Assessment Form completed by Planner, Jonathan Kanter. Lin Davidson offered the following Resolution. 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, Member Vote of Planning Board . . . (Aye) Al Fiorille, 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 RESOLUTION PB 14-02 TOWN OF LANSING PLANNING BOARD RESOLUTION OF STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) NEGATIVE DECLARATION FOR THE PROPOSED FARM POND CIRCLE AMENDED FINAL SUBDIVISION PLAT WHEREAS, an application was made by Jack Jensen Development Co. LLC for Final Plat Approval of an Amended Subdivision Plat for the addition of two new lots (Lots 20 and 21) and the modification of existing Lot 19, Farm Pond Circle Subdivision, Farm Pond Circle & Peruville Road, Tax Parcel #’s 38.-1-4.121 & 38.-1-4.122, RA Rural Agricultural District and R3 Residential Mixed-Use District; and APPROVED WHEREAS, the proposed amended subdivision, shown on a survey map entitled, “Farm Pond Circle Subdivision, Lots 19/20/21, Town of Lansing, Tompkins County, New York,” dated January 20, 2014, and labeled as Sheet S-1 – Proposed Lots, would consist of two new building lots (Lot 20 - +/- 48,150 square feet net area to include one single-family dwelling, and Lot 21 - +/- 80,700 square feet net area to include two dwelling units in a duplex configuration) and a modification of existing Lot 19 (currently Tax Parcel # 38.-1-4.122 consisting of +/- 8.32 acres) to provide the lot area necessary for Lots 20 and 21, thereby reducing the lot area of Lot 19 to +/- 6.76 acres; and WHEREAS, this proposed action has been determined to be an Unlisted Action for which the Town of Lansing Planning Board (Planning Board) is an involved agency for the purposes of environmental review; and WHEREAS, on January 13, 2014, 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, the 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 Full 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 Full 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 APPROVED (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. Further Discussion on the proposed amended Subdivision conditions; The Chairman reviewed the proposed conditions in the Draft Resolution previously provided to the Members; Members inquired as to where each rain garden would be located on the map. According to John Andersson they will be on the map and in the deeds. Larry Sharpsteen inquired as to the sundown on deed restrictions. Legal Counsel will check into the sundown on the deed restrictions. In the mean time, she advised that the Board may want to leave the rain gardens a little more open ended as stormwater practices do/will change in the future. # 8 : The Board Members felt that some sort of language that’s approved by the current Stormwater Regulations or equally approved by the DEC be inserted on # 8 with respect to the rain gardens. This will make new or future owners aware of the Storm Water Regulations. # 4 Drainage District Members discussed adding Lots, 20 & 21 to the existing drainage district and pro -rating the drainage district fee from lot 19. They also suggested that language be inserted in the deed that states the Town can enter the property to maintain practices as the district requires, at the districts cost. Lorraine Moynihan Schmitt, Legal Counsel suggested extra time be given in order for her and Jonathan Kanter, Town Planner to work together on the verbiage for the Resolution. It was the consensus of the Planning Board to hold a “Special Meeting” on Tuesday, February 18, 2014 @ 5:00 PM to vote on the Resolution for Final Approval. Chairman Ellis advised the Public that the up-coming presentation on the Steven’s Subdivision is an Informal Discussion only. Informal Developer’s Conference/Discussion for the Proposed Six (6) Lot Stevens Subdivision, Stormy View Drive, Applicant/ Owners: John and APPROVED Heather Stevens, Agent: James Stephenson, Tax Parcel #’s 41.-1-15.49, 41.- 1-29.1, 41.-1-29.3, and 41.-1-29.4, R1 Residential Low Density District. Jim Stephenson, Agent for Mr. Stevens appeared before the Board with an informal sketch design of the proposed 6 Lot Subdivision and Project Narrative. See below; Questions, Concerns, Comments Al Fiorille inquired if the Hammerhead was a more desirable design then a cul-de-sac? Charlie Purcell, Assistant Highway Superintendent responded yes. Jonathan Kanter stated the lots are in a water district. Thomas Ellis states approximately 4 years ago when the Holochuck Subdivision occurred, the Planning Board required that they leave a 60’ access to this particular land for a possible road to Triphammer. Charlie Purcell states many years ago the County frowned on a road coming out to Triphammer from this land. Larry Sharpsteen felt it would be a high traffic situation if a road is put in there. Jonathan Kanter suggested maybe John Young’s property to the south will be APPROVED developed down the road and then Stormy View could connect. Mr. Kanter felt it would be a more desirable design. In addition, the Pathway’s Committee has future east/west trails on their future design board that could go through Mr. Young’s property and connect out to Triphammer Road. Thomas Ellis advised Jim Stephenson that he would like to see a letter from the Fire Chief indicating he is satisfied with the access and the turn around. Richard Prybyl agreed with other Members that he feels there should not be a thru road. Mr. Stephenson states he will insert covenants with respect to street lights. Mr. Stephenson states in his personal opinion Stormwater Gardens create a lot of problems down the road. He would prefer a centralized location near the road. Jonathan Kanter expressed to the Members that each lot can only have a Single Family home on the property due to the size. The Members had no further comments/concerns at this time. APPROVED APPROVED Approval/Denial of Minutes for the following dates: January 13, 2014 Larry Sharpsteen made a motion to approve as presented. 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, Member Vote of Planning Board . . . (Aye) Al Fiorille, 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 January 27, 2014 Thomas Ellis made a motion to approve as presented. 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, Member Vote of Planning Board . . . (Aye) Al Fiorille, Member Vote of Planning Board . . . (Abstained) Richard Prybyl, Member Vote of Planning Board . . . (Aye) Larry Sharpsteen, Member APPROVED Vote of Planning Board . . . (Aye) Thomas Ellis, Member Lorraine Moynihan Schmitt referred to the Minutes of January 27, 2014 where a possible discussion took place with respect to covenants. Ms. Moynihan Schmitt states for the record that restrictive covenants by deed can be more restrictive than the Land Use Ordinance but not less. Other Business- Shulman-Wilson Road Subdivision Lynn Day, Zoning Officer distributed information with respect to their parcel of land that will be up for discussion at the February 24, 2014 Planning Board Meeting. Chairman Ellis explained that the Applicant is requesting an Exempt Subdivision. Lynn Day further explained how the old Exempt Subdivision was written and how it applied to this one. Mr. Day states he has denied this as an exempt subdivision and has now turned this over to the Planning Board due to many subdivisions of the property and stormwater practices. Legal Counsel seems to agree with Mr. Day, the Zoning Officer. A brief discussion with respect to stormwater and the south side of the property. It has been determined that the Town can’t go back on the current residents for stormwater , however, the Planning Board can request a stormwater plan for a full build out. Other Business-Tompkins Co. Soil & Water Thomas Ellis & Lynn Day have recently spoken with Angle at the Tompkins Co. Soil & Water with regards to generating a generic type Stormwater Plan that will fit to the Town of Lansing’s Stormwater for future owners to purchase at a lesser price. Mr. Ellis requested to know if the Board would be interested in having someone from their company come to the Town and give a brief presentation. The Board would like that. Larry Sharpsteen moved to hold this Meeting over to the February 18, 2014 @ 5:00 PM for final vote on the Farm Pond Circle Resolution. 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, Member Vote of Planning Board . . . (Aye) Al Fiorille, 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 APPROVED Kathy Miller, TB Liaison- Planning Federation Training Kathy Miller encouraged all Members to consider attending this year’s Planning Conference in April as the deadline is approaching soon. The Meeting ended at 9:15 PM.