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Home My WebLink About02-24-14 PB Minutes APPROVED Town of Lansing Monday, February 24, 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) * Lorraine Moynihan Schmitt, Esq. Other Staff Lynn Day, Zoning, Code, Fire Enforcement Officer Kathy Miller, Town Supervisor, TB Liaison Doug Dake, TB Member Public Present Roy Moore Diane Moore Bill Miller Amanda Ryen-Yowhan Claes Nyberg Liam Murphy CJ DelVecchio Deborah Cipolla- Dennis Joanne Cipolla- Dennis Other Business Tom Ellis, Chairperson called the Planning Board Meeting to order at 7:15 PM. Public Comments/Concerns other than Agenda Items Claes Nyberg: Mr. Nyberg states after reviewing the proposed Agricultural and Farmland Protection Plan it states that agriculture demands 16 cents in services for APPROVED every dollar paid in taxes, compared to $1.56 in services demanded by residential development for every dollar paid. Mr. Nyberg asked, why is the Town saying they will make money on a Town Center? Larry Sharpsteen: Mr. Sharpsteen a Member of the Ag. Committee and Planning Board, states the County came up with figures that are even more conservative than the ones they have been using on the board. It is Mr. Sharpsteen’s opinion that single family residential does cost a lot more in services than it pays in taxes. The obvious advantage to multiple family housing or to concentrated development (increasing the density) is you have more residences paying for services. Mr. Sharpsteen encouraged Mr. Nyberg to attend the Town Board Meetings where they should be able to provide information to him. Kathy Miller: Advised Mr. Nyberg the figures in the draft plan are based upon Census figures. Deborah Cipolla-Dennis: Recently heard there is a large development in the planning progress for a property near their residence. Ms. Cipolla-Dennis also questioned why they were not notified of the project. Lynn Day, Zoning Officer clarified for Ms. Cipolla-Dennis that the property that she is speaking about is not the same Lucente property that has been on the Town of Lansing Planning Agenda. (Mr. Day also showed Deborah Cipolla-Dennis and Joanne Cipolla- Dennis the Town’s Zoning Map with respect to their residence and the location of the Lucente project which is nowhere near their property). Joanne Cipolla-Dennis: Requested that she have respect for her property and that the Town not allow Surveyors on her property unless they ask permission. Sketch Plan Review & Classification of Subdivision, Applicant: Matthew & Aline Shulman, Agent: Liam Murphy, Wilson Road, Tax Parcel # 27.-1-36.22 Agent Liam Murphy appeared before the Board on behalf of the Shulman’s. The following map was presented; APPROVED Mr. Murphy states parcel 1 has been sold and 4 is under contract at this time. Tax Maps were provided by Lynn Day, Zoning Officer of the parent parcel which shows the following division of land; 2007- 2008 - 3 lots sold south side of the road 2011 – Existing Exempt subdivisions have been split. Legal Counsel recommended the Planning Board classify this Subdivision as a Minor Subdivision as opposed to an Exempt. Due to the past history, the Board should consider an overall common plan for the whole area. Thomas Ellis advised the Members that it is spelled out in the Town’s Local Stormwater Law. APPROVED Mr. Murphy is requesting the Board consider this proposal an Exempt Subdivision as all the Shulmans’ would like to do is sell vacant lots. Mr. Murphy further states the Shulmans’ are not in a position to undertake Stormwater practices as they have no idea what future owners plan to do with their parcels. Jonathan Kanter encourage the Board to make a decision as to whether this is an Exempt or Minor Subdivision. Mr. Kanter states he does not believe you can actually place conditions on an Exempt Subdivision. However, you can on a Minor Subdivision whereas the Board can place a Stormwater condition for each lot. Bill Miller: Mr. Miller resides on Wilson Road and purchased his property from Mr. Shulman. Mr. Miller gave the Board a brief history of his property and the property before the Board. In addition, the following material was presented to the Members; APPROVED APPROVED APPROVED Roy Moore: A Resident who has lived in the area for many years testifies to the extreme wetness of the area. Mr. Moore also gave a history of the land with respect to the springs and tiles. Larry Sharpsteen brought to the Board’s attention that item #12 on the SEQR form is in correct. Al Fiorille states the Ag Data Statement under # 12 is also incorrect. Lynn Day, Zoning Officer states due to possible issues with single site Rain Gardens the Planning Board may want to consider requesting a right of way, in case the Town needs to enter the property for up keep of the garden. Jonathan Kanter reiterated to the Planning Board Members that the Planning Board can require an overall Stormwater Plan on all four lots with the Subdivider being Mr. & Mrs. Shulman. The Shulman’s would be responsible for the overall Management Plan and each buyer would be responsible to implement their lot plan. Attorney Liam Murphy feels the Board’s requirements are getting really dangerous. Lin Davidson expressed to Mr. Murphy the Town has evidence that current land owners are experiencing stormwater issues from previous developments that are now problematic. In addition, the State is trying to address these Stormwater Laws. Lorraine Moynihan recommends that the Board defer this to the Town Engineer for his review and recommendations. Thomas Ellis, Chairman stated the Town’s Stormwater Management Officer was requested to be at this Meeting, however, he or a Representative is not present. After conferring with Lorraine Moynihan Schmitt, Legal Counsel for the Planning Board, Mr. Murphy has requested that the Board table the discussion until such time that both attorneys and the Town Engineer have time to converse on this matter. Larry Sharpsteen made a motion to table the discussion to allow Legal Counsel(s) and the Town Engineer to review and re-group. 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 APPROVED Vote of Planning Board . . . (Aye) Richard Prybyl, Member Vote of Planning Board . . . (Aye) Larry Sharpsteen, Member Vote of Planning Board . . . (Nay) Thomas Ellis, Member Approval/Denial of Minutes for the following dates: February 10, 2014 Page 4, Under Further Discussion, sentence 4, a period should be inserted after restrictions and a new sentence to begin with In. Richard Prybyl made a motion to approve as amended. Larry Sharpsteen 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 February 18, 2014 Lin Davidson 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 . . . (Aye) Richard Prybyl, Member Vote of Planning Board . . . (Aye) Larry Sharpsteen, Member Vote of Planning Board . . . (Aye) Thomas Ellis, Member Lorraine Moynihan Schmitt, Esq. Re: Stormwater Determination Ms. Moynihan Schmitt advised the Planning Board Members as a legislative body under statutory authority and common law, the Planning Board has authority as to determine the necessity and scope of SWPPP as to that Application before them. The NYSDEC also has authority of on any required permanent practices set forth in a full SWPPP. The Town Board also has input on Stormwater for Special Permits and PDA’s, although the Planning Board makes the initial review and recommendation on those Applications. APPROVED Stormwater Training-March 3, 2014 @ 7:00 PM, Town Hall, 29 Auburn Road Thomas Ellis reminded Members about the upcoming Stormwater Training to be held at the Town Hall. Mr. Ellis requested that Members provided him with different Stormwater scenarios that can be used by David Herrick in the training Comprehensive Plan Review Public Information Meeting-March 12, 2014 @ 7:00 PM, 29 Auburn Road Jonathan Kanter encouraged all Members to attend the upcoming Public Information Meeting on the Comprehensive Plan updates. Richard Prybyl made a motion to adjourn the Meeting at 8:50 PM. 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