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HomeMy WebLinkAbout07-28-14 PB Minutes.pdf APPROVED 1 Town of Lansing Monday, July 28, 2014 6:30 PM PLANNING BOARD MEETING PLANNING BOARD MEMBERS (*Denotes present) * Tom Ellis, Chairman * Norman (Lin) Davidson, Vice-Chairman * Larry Sharpsteen * Richard Prybyl Al Fiorille * Gerald Caward * Ray Farkas * Deborah Trumbull (Alternate) Lorraine Moynihan Schmitt, Esq. Other Staff Lynn Day, Zoning, Code, Fire Enforcement Officer Ruth Hopkins, Town Board Member Ed LaVigne, Town Board Member Public Present Connie Wilcox Brian Siddall Kevin & Kelly Geiger Other Business Tom Ellis, Chairperson called the Planning Board Meeting to order at 6:38 PM. Due to a Member being absent, the Chairman enacted Deborah Trumbull, Alternate to be a voting Member this evening. Public Comments/Concerns other than Agenda Items Connie Wilcox: Ms. Wilcox read the following prepared statement. APPROVED 2 Ms. Wilcox reiterated to the Board Members, they need to stand tall, and stand behind what they have approved as an Ordinance. APPROVED 3 Chairman Ellis indicated he was made aware of this accusation through an email this A.M. and was quite surprised. Mr. Ellis felt the Planning Board, Town Board and Revision Committee have been very transparent working on the proposed changes. Chairman Ellis warned the Members that there are rumors out there in the Community and the Board Members should try to defend the Planning Board. Lynn Day, Zoning Officer clarified for the record that a typographical error was made on the Multi-Family Units, not the Duplexes in the R1 District. It has since been corrected. Larry Sharpsteen indicated he would be recusing himself as a voting Member on the next proposal as he lives within 600’ of the proposed Mobile Home Park. Mr. Sharpsteen further stated for the record that the Mobile Home is a perfectly legal use of the land and as a close neighbor he has no problem with it. Three (3) Family-Relative only Mobile Home Park, Applicant: Gary Bush, Agent for Samantha Swansbrough & Forest Stinson, 74 North Lansing School Road, Tax Parcel 3 7.-1-19, RA District Mr. Gary Bush, P.E. appeared before the Board for the Site Plan Review. The following Site Map was presented and an overview of the project; APPROVED 4 There will be no subdivisions on the parcel. According to the Tompkins County Health Department, this does not qualify as a “Mobile Home Park” as their standards require 5 Mobile Homes per parcel, whereas the Town of Lansing Mobile Home Ordinance states 3 Mobile Homes are considered a “Mobile Home Park”. One existing well has plenty of capacity to serve all three Mobile Homes. APPROVED 5 The Tompkins County Planning Department offered the following formal comment; APPROVED 6 APPROVED 7 Public Hearing – SEQR Review –Three (3) Family-Relative only Mobile Home Park, Applicant: Gary Bush, Agent for Samantha Swansbrough & Forest Stinson, 74 North Lansing School Road, Tax Parcel 3 7.-1-19, RA District Norman (Lin) Davidson made a motion to open the SEQR Public Hearing at 6:48 PM. Jerry 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, Member Vote of Planning Board . . . (Aye) Richard Prybyl, Member Vote of Planning Board . . . (Aye) Deborah Trumbull, Alternate Vote of Planning Board . . . (Aye) Thomas Ellis, Member Public/Member Comments/Concerns There were no concerns/comments related to potential environmental impacts. Lin Davidson made a motion to close the SEQR Public Hearing at 6:49 P.M. 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) Richard Prybyl, Member Vote of Planning Board . . . (Aye) Deborah Trumbull, Alternate 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. Deborah Trumbull offered the following Resolution declaring a negative declaration. 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, Member Vote of Planning Board . . . (Aye) Richard Prybyl, Member Vote of Planning Board . . . (Aye) Deborah Trumbull, Alternate Vote of Planning Board . . . (Aye) Thomas Ellis, Member APPROVED 8 RESOLUTION PB 14-08 TOWN OF LANSING PLANNING BOARD RESOLUTION OF STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) NEGATIVE DECLARATION FOR THE PROPOSED SS FAMILY MOBILE HOME PARK SITE PLAN WHEREAS, an application was made by Samantha Swansbrough and Forest Stinson for site plan approval for the proposed Mobile Home Park known as SS Family mobile Home Park, located at 74 North Lansing School Road, Groton, New York 13073 and otherwise known as Tax Parcel #7.-1-19, RA – Rural Agricultural Zone; and WHEREAS, the proposal is to add two Mobile Homes to the already existing site which has one Mobile Home and several outbuildings to create a Family Mobile Home Park; 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 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; and WHEREAS, the Town of Lansing Planning Board finds that agricultural/farm operations will not be impacted by the project because there are no current or planned farm operations on the project site; 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 APPROVED 9 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: July 28, 2014 VOTE AS FOLLOWS: Gerald Caward, Jr. – Aye Norman (Lin) Davidson, - Aye Raymond Farkas - Aye Richard Prybyl – Aye Deborah Trumbull, Alternate – Aye Thomas Ellis, - Aye Public Hearing-Overall Site Plan Application - Three (3) Family-Relative only Mobile Home Park, Applicant: Gary Bush, Agent for Samantha Swansbrough & Forest Stinson, 74 North Lansing School Road, Tax Parcel 3 7.-1-19, RA District Ray Farkas made a motion to open the Public Hearing on the overall Site Plan Application. Norman (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, Member Vote of Planning Board . . . (Aye) Richard Prybyl, Member Vote of Planning Board . . . (Aye) Deborah Trumbull, Alternate Vote of Planning Board . . . (Aye) Thomas Ellis, Member Public/Member Comments/Concerns Kevin Geiger inquired to know what would happen if the owners decided to sell the Mobile Home Park. Thomas Ellis states it’s legal for someone to sell their property, however, he believes the new owners would be required to go through the process required by the Town and Health Department with regards to licensing. Lynn Day states if the current Mobile Home Park Ordinance is changed to 5, they would have to return to the Planning Board for Site Plan Review. APPROVED 10 Kevin Geiger inquired if there is a current study that shows property values on homes near “Mobile Home Parks”? Mr. Geiger is concerned his property value will go down. Lynn Day referred Mr. Geiger to the Tompkins County Assessment Office with his concern. Mr. Geiger also had concerns with buffering. Once the leaves on the trees fall, the Mobile Homes will be visable from Mr. Geiger’s property. After much discussion on buffering, the Members agreed it would be a condition. Agreed upon conditions were as follows;  West side of Mobile Homes  Minimum of 6 Shrubs, 3” x 3” diameter, growth to the size of 10’-12’ in height and diameter.  Planted within 30’ from the western boundary line Richad Pryby made a motion to close the Public Hearing at 7:12 PM. Norman (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, Member Vote of Planning Board . . . (Aye) Richard Prybyl, Member Vote of Planning Board . . . (Aye) Deborah Trumbull, Alternate Vote of Planning Board . . . (Aye) Thomas Ellis, Member Norman (Lin) Davidson offered the following Resolution with conditions. Deborah Trumbull 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) Richard Prybyl, Member Vote of Planning Board . . . (Aye) Deborah Trumbull, Alternate Vote of Planning Board . . . (Aye) Thomas Ellis, Member RESOLUTION PB 14-09 RESOLUTION OF THE TOWN OF LANSING PLANNING BOARD APPROVING WITH CONDITIONS SS FAMILY MOBILE HOME PARK SITE PLAN APPROVED 11 WHEREAS, an application was made by Samantha Swansbrough & Forest Stinson for site plan approval for the proposed Mobile Home Park known as SS Family Mobile Home Park, located at 74 North Lansing School Rd, Groton, New York 13073 and otherwise known as Tax Parcel #7.-1-19, RA – Rural Agricultural Zone; and WHEREAS, the proposal is to add two Mobile Homes to the already existing site which has one Mobile Home and several outbuildings to create a Family Mobile Home Park ; and WHEREAS, the proposal is a permitted use in the RA- Rural Agricultural Zone subject to obtaining site plan approval from the Planning Board; and WHEREAS, the Town has considered and carefully reviewed the requirements of the Town’s Laws relative to site plan review 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 Site Plan, and the Town has also considered the Town’s Comprehensive Plan and compliance therewith; 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, General Municipal Law County Planning referrals 239-l and 239-m (of Article 12-B) were sent to the Tompkins County Planning Department by the Town of Lansing Planning Department, and the Tompkins County Planning Department in a APPROVED 12 letter dated July 15, 2014 determined that the proposed action has no negative inter- community or county-wide impacts; and WHEREAS, on July 28, 2014, the Planning Board held a public hearing and reviewed the aforementioned site plan application in the Lansing Town Hall, 29 Auburn Road, Lansing, New York 14882 and held a public hearing on the State Environmental Quality Review (SEQR) review on this action; and WHEREAS, on July 28, 2014 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, considered the comments (if any, of the Town Engineer, the Tompkins County Department of Planning County 239-l and m review and other application materials, and the Lansing Planning Board completed Part II of the EAF; and WHEREAS, by Resolution adopted on July 28, 2014 the Town of Lansing Planning Board has determined that, pursuant to the provisions of the State Environmental Quality Review Act, the proposed SS Family Mobile Home Park site plan 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 site plan in accordance with the provisions of the Town of Lansing Land Use Ordinance Section 701.4 et seq., including concerns addressing site lighting, nearby residences, APPROVED 13 landscaping, parking, and buffering/screening, driveway 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 does hereby grant Final Site Plan Approval to Samantha Swansbrough & Forest Stinson for the proposed Mobile Home Park known as SS Family Mobile Home Park, located at 74 north Lansing School Rd, Groton, New York, 13073 and otherwise known as Tax Parcel #7.-1-19, RA – Rural Agricultural Zone, as shown on the site plan submitted by the applicant; subject to the following conditions: (1) The Town of Lansing Town Board approves the issuance of a Mobile Home Park License with a fee of $50.00. (2) Building Permits will be required to set the new Mobile Homes. (3) The new Mobile Home stands / pads must be approved by an Engineer / Architect. (stamped drawing) (4) All new Mobile Home setups must meet the requirements of the New York State Residential Code Appendix E. (Manufactured Housing) (5) Buffering required as follows; Plantings to be on the West side of the Mobile Homes (within 30’ from the Western boundary line). A minimum of 6 Shrubs, 3” x 3” beginning diameter, with growth when mature to the size of 10’-12’ in height and diameter. July 28, 2014 VOTE AS FOLLOWS: Gerald Caward, Jr. – Aye Norman (Lin) Davidson - Aye Ray Farkas - Aye Richard Prybyl – Aye Deborah Trumbull, Alternate – Aye Thomas Ellis – Aye *Planning Board Member Larry Sharpsteen joined back in the discussion and voting. APPROVED 14 Review new proposed Mobile Home Local Law Lynn Day, Zoning Officer previously distributed the proposed Mobile Home Local Law to the Members for their review. Members all agreed the new proposed Local Law looks good with the exception they would like to keep the number of Mobile Homes to three (3) for Classifying as a “Mobile Home Park” as oppose to raising it to five (5) to be in sync with the County Health Department rules and regulations. According to Lynn Day, by having the Planning Department do yearly inspections on the only 2 Mobile Homes Parks that currently exist in the town, it is costing the Town more money then what is collected. After some discussion, the Board Members did agree to dismiss the fee for the Park Fee Licensing and dismiss the Zoning Officer from doing the annual inspections. Mr. Day will provide the Town Board Members with the Planning Board’s recommendation, as can Ruth Hopkins, Town Board Member who is in attendance for this entire Meeting. JCM Tires Lynn Day, Zoning Office inquired from the Board as to the need for the Munson’s to return to the Planning Board for a second Site Plan Review for the purpose of providing repairs inside his existing shop. Mr. Day states in his opinion, the use is not changing. Nothing will change on the outside of the building (lighting, parking, footprint, etc.). The excessive oil from the work will be either given away or sold back to the supplier. After some discussion, the Board Members felt it was not necessary for JCM Tires to return for an additional Site Plan as the use is not changing. Jack Jensen Developer-Presentation The Board agreed to allow Mr. Jensen to be placed on a future Meeting Agenda to discuss a topic that was previously emailed to all Board Members. Mr. Day will set that date. Upcoming Agenda Item A previous approved Open Development Area - Town Law 280(a) (White Tail Crossing) will be doing a one lot Subdivision. This item will be placed on two Agendas for the Subdivision. Cayuga Farm Rental Townhomes Update Lynn Day, Zoning Officer gave a brief update on the proposed project. Mr. Day advised the Board Members that due to an issue with the project being in an Agricultural District and several engineering items to be looked at, it was suggested that the Planning Office hold off on placing this project on the Agenda until a later date. Town Wide Transportation Study The Town will be applying for a grant in the near future. APPROVED 15 Approval/Denial of June 23 2014 Minutes Ray Farkas, Page 5, 4th paragraph, Mr. Moynihan to Ms. Moynihan. Richard Prybyl, page 5, 2nd paragraph remove the word after. Richard Prybyl, page 5, 3rd. paragraph committ to commit. Richard Prybyl, page 7, 2nd paragraph, 2nd sentence add Water before Meters. Richard Prybyl, page 7, 6th paragraph, 4th sentence remove do and add conform to Richard Prybyl, page 8, 2nd paragraph, 2nd sentence, remove You and add Municipalities. Lin Davidson made a motion to approve as amended. 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) Richard Prybyl, Member Vote of Planning Board . . . (Aye) Larry Sharpsteen, Member Vote of Planning Board . . . (Aye) Deborah Trumbull, Alternate Vote of Planning Board . . . (Aye) Thomas Ellis, Member Lin Davidson made a motion to adjourn the Meeting at 8:00 PM. Richard Prybyl seconded the motion and it was carried by the following roll call vote: Vote of Planning Board . . . (Aye) Lin Davidson, Member Vote of Planning Board . . . (Aye) Gerald Caward, Member Vote of Planning Board . . . (Aye) Ray Farkas, 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