HomeMy WebLinkAbout08-25-14 PB Minutes.pdf DRAFT
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Town of Lansing
Monday, August 25, 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
Kathy Miller, Town Supervisor
Public Present
Connie Wilcox Erik Whitney
Mary Lee Banfield Boris Simkin
Maureen Cowen Ron Bricker
John Dietershagen Robert Hillman
Mary Dietershagen Osman Yurekli
Jack Jensen
Other Business
Tom Ellis, Chairperson called the Planning Board Meeting to order at 6:30 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
Lin Davidson shared information with respect to his recent training session on
“Preserving Rural Character Through Conservation Subdivision Design” with the
Board Members. Rachel Jacobsen will forward an electronic version of the presentation
to all Members.
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Thomas Ellis states Town Board Member Ruth Hopkins has made arrangements with
some Cornell University Students to possibly conduct a traffic study the Town is
looking into undertaking. Ms. Hopkins would like a volunteer from the Planning Board
to meet with her and the students on Thursday, August 28th @ 10:00 A.M. in the Town
Hall. There were no Planning Board Members that volunteered, therefore Mr. Ellis will
try to make it.
Jack Jensen gave a brief presentation on Oxygen-Based Development to the Planning
Board Members.
Sketch Plan Review & Classification for a 3 Lot Subdivision, Applicant:
Westview Partners, LLC, Agent: Boris Simkin, Sun Path Road, Tax Parcel
# P.O 42.-1-2.25
Boris Simkin and Engineer Erik Whitney appeared before the Board for a Sketch Plan
Review and Classification.
Chairman Ellis explained this particular property has a storied history that dates back
to 1988 with several different issues. Mr. Ellis has requested that the Board Members
look at just what is presented before them this evening. Chairman Ellis has given Legal
Counsel(s) Lorraine Moynihan Schmitt and Guy Krogh along with the Town Engineer
the okay to move forward and accumulate a history log of the property. Once this has
been completed, the Planning Board and Town Board Members to review and clear up
any past legal issues that may be outstanding with the property.
Thomas Ellis explained to the Members that previously the Village of Lansing had
granted Mr. Simkin an approval for a two lot Subdivision from the parent parcel of the
proposed Subdivision before this Board.
Larry Sharpsteen states he can’t agree more with Legal Counsel’s Memo with respect to
classifying this as a Major Subdivision. With the establishment of permanent
Stormwater practices for the proposed three lots, one more lot would trigger this under
our current Land Use Ordinance as Phase I of a Major Subdivision.
Lynn Day, Zoning Officer offered the following comment from Legal Counsel,
“Segmented review of the instant application a minor subdivision would be
appropriate only if the Planning Board makes finding that no road is required and that
future phases are too speculative for overall build-out review and that any future
subdivision application for the property be reviewed as to overall impacts and SEQR
cumulative environment impacts, including the instant proposed 3 lot subdivision
currently under review”.
Thomas Ellis states after reviewing information provided by the Town’s Counsel, he
believes Mr. O’Rear and Mr. Simkin had an overall larger common plan of development
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in mind for this area that dates back to 1988. With a larger plan in mind, it would
trigger the Planning Board’s need to possibly step up on the Stormwater now, or wait
till later.
Deb Trumbull states she has walked the area after a big rain and the creek was
extremely full to the point where some of the road was getting washed out on the side.
David Herrick, P.E. for the Town offered the following comments/concerns;
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Erik Whitney, P.E. States he has read through them and will make the necessary
changes. It will not change the basic design. Numbers will be corrected and
documented.
Al Fiorille inquired as to how the Stormwater design would be any different if this was
considered a three lot as oppose to a Major Subdivision.
Erik Whitney, P.E. states where you have steep slopes you don’t want to have common
Stormwater practices. You want to distribute them where the natural water flow goes.
In these lots everything flows to the south west corner. If you locate practices sized for
the individual lots appropriately, you can avoid putting together a lot of water with a
lot of force. Lot size swales placed along the uphill side of each lot, which will bring all
water to that particular practice. Mr. Whitney further stated having the design of the
proposed 3 lots would not change the Stormwater if indeed there were 8 or 9 more lots.
Mr. Simkin was asked what he plans to do with the remaining land and what sort of
timeline for further development. Mr. Simkin states he is unsure at this time as it really
depends on the market. He may further development with Mr. Mahool.
Thomas Ellis states the Planning Board really needs to look at this closely for
Stormwater Practices. Mr. Ellis states the Board should not be piece mealing
Stormwater this type of project.
Lynn Day states he spoke with the Village Of Lansing’s Code Officer and he did not
require Mr. Simkin to do Stormwater practices on the two single family homes erected
within the Village line due to them being under the acreage that triggers Stormwater.
Larry Sharpsteen states if one (1) more lot is taken from the this parcel, then it becomes
a Major Subdivision. At this time, Mr. Sharpsteen sees no problem classifity this as a
Minor Subdivision. Other Members agreed.
Thomas Ellis, Chairman proposes to the Members that they request from the Town
Board that a Mortiorum be placed on this property until such time that the Planning
Board get a very susenk history dating back to 1988 of all the Resolutions that were
passed on this property and Eastlake. Also, all demands on these properties should be
included in the history.
Larry Sharpsten states he feels a Mortiorum should not be on the property, it should
just be a condition on this proposed project.
Lin Davidson supports Tom’s idea and let Counsel decide whether it’s better for the
Town Board to put a Mortiorum on this property or a Condition by the Planning Board.
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It was the consensus of the Planning Board that once the information from Legal
Counsel(s) has been provided to the Planning Board, a joint Town Board Meeting will
be set up.
Tompkins County Planning Department offered the following formal recommendation
for the proposed Subdivision;
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Erik Whitney states there is no problem meeting the County’s recommendation as
requested above and will be shown on the plan.
Thomas Ellis has requested that Mr. Whitney, P.E. for Mr. Simkin provide a written
summary for the final approval stage indicating the Stormwater practices for the
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proposed three (3) lots are totally independent and should not have to be altered for
any future development.
Larry Sharpsteen states that could be the case now, but the State can change their
requirements at any time.
Ray Farkas made a motion to classify this as a Minor Subdivision with the following
conditions;
1. One more subdivion of property, then the entire parcel becomes a Major
Subdivision.
2. Before any other land is developed or subdivided, the road issue south and north
must be addressed.
Debra 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) Al Fiorille, 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
Thomas Ellis states he believes the Pathway Committee will have to wait for any trail
discussions on future developments until the Town Board and Planning Board settle the
road extension(s) south and north.
Jerry Caward made a motion to set Public Hearing(s) on the SEQR and overall Final
Subdivision Approval of three (3) Lots for, Monday, September 22, 2014 @ 6:35 P.M.
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) Al Fiorille, 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
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Sketch Plan Review & Classification for a Two Lot Subdivision,
Applicant: FDF Development Co., John Dietershagen, General Partner,
White Tail Crossing, Tax Parcel # 25.-1-3.13
Mr. & Mrs. Dietershagen appeared before the Board requesting a Two Lot Subdivision
to dissolve the partnership of land with the Flinn’s. The Property will be divided
equally, to the North will go to the Flinn’s and the South will be the Dietershagen’s.
A Shared Septic System Agreement has been approved by the Tompkins County
Health Department and an approved Road Maintenance Agreement has been filed with
the Tompkins County Clerk.
Back in 1990 the Lansing Town Board approved a Resolution of a Developer’s
Agreement to be an Open Development Area under Town Law 280-a, respecting access
to the property.
The Fire Department has requested that a few pull offs be added to allow for Fire
Truck access in the event of an emergency. After some discussion, the Board agreed
that Mr. Dietershagen and the Zoning Officer would stake out three (3) pull offs and
clearly mark them with a free standing sign that reads: “Fire Truck Pull Offs”. The Fire
Chief must sign off on the Pull Offs.
The following Sketch was presented to the Board;
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Larry Sharpsteen made a motion to classify this as a Minor Two Lot Subdivision. 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) Al Fiorille, 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
The Planning Board Members reviewed Part I and completed Part II of the Full
Environmental Assessment Form.
The Tompkins County Planning Department offered the following informal
recommendation and the Planning Board Members discussed this with the Applicant;
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Lin Davidson offered the following Resolution. Al Fiorille seconded the motion and it
was carried by the following roll call vote:
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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) Larry Sharpsteen, Member
Vote of Planning Board . . . (Aye) Deborah Trumbull, Alternate
Vote of Planning Board . . . (Aye) Thomas Ellis, Member
RESOLUTION PB 14-10
TOWN OF LANSING PLANNING BOARD
RESOLUTION OF STATE ENVIRONMENTAL QUALITY REVIEW (SEQR)
NEGATIVE DECLARATION FOR THE PROPOSED
WHITETAIL CROSSING MINOR SUBDIVISION
WHEREAS, an application was made by FDF Development Company for Planning
Board approval minor subdivision approval on certain land located on Whitetail
Crossing, Lansing, New York and otherwise known as P/O Tax Parcel #25.-1-3.13,
consisting of a total of 51.40+/- acres, L1 Lakeshore Zoning District.; and
WHEREAS, the proposed subdivision, shown on a “Survey Map Showing Portion of
Lands of FDF Development Company, Located on Whitetail Crossing, Town of
Lansing, Tompkins County, New York,” dated 6/17/14, would consist of Parcel A
(26.026 +/- acres) and Parcel B (25.374 +/- acres); and
WHEREAS, the two parcels contain 4 seasonal cottages (2 upon each subdivided parcel)
which share a common septic sewage system and said shared system has been
approved for use by both parcels by the Tompkins County health Department subject to
a shared maintenance agreement; and
WHEREAS the Planning Board has carefully considered the informal comments of the
Tompkins County Planning Department relative to potential UNA impacts of any
future development of the parcel; 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 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
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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;
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
(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: August 25, 2014
Motion by: Norman (Lin) Davidson
Seconded by: Al Fiorille
VOTE AS FOLLOWS:
Gerald Caward, Jr. – Aye
Norman (Lin) Davidson – Aye
Ray Farkas - Aye
Al Fiorille – Aye
Debra Trumbull– Aye
Larry Sharpsteen – Aye
Thomas Ellis - Aye
Larry Sharpsteen offered the following Resolution. Al Fiorille 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) Larry Sharpsteen, Member
Vote of Planning Board . . . (Aye) Deborah Trumbull, Alternate
Vote of Planning Board . . . (Aye) Thomas Ellis, Member
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RESOLUTION PB 14-11
RESOLUTION OF THE TOWN OF LANSING PLANNING BOARD
APPROVING WITH CONDITIONS
WHITETAIL CROSSING MINOR SUBDIVISION
WHEREAS, an application was made by FDF Development Company for Planning
Board approval of a minor two lot subdivision of one lot from the p arent parcel of on
certain land located on Whitetail Crossing , Lansing, New York and otherwise known
as P/O Tax Parcel #25.-1-3.13, consisting of a total of 51.40 +/- acres, L1 Lakeshore
Zoning District and
WHEREAS, the proposed subdivision, shown on a “Survey Map Showing Portion of
Lands of FDF Development Company, Located on Whitetail Crossing, Town of
Lansing, Tompkins County, New York,” dated 6/17/14, would consist of Parcel A
(26.026 +/- acres) and Parcel B (25.374 +/- acres), ; and
WHEREAS, there previously existed an Open Development Agreement between the
Developer and the Lansing Town Board under Town Law 280-a, respecting access to
the property which is no longer required as the Developer now has sufficient access in
fee required under the standard provisions of Town Law 280-a and, as a result, can
make straight application for subdivision approval due to the deeded access. In
addition, the parties are bound to a previously filed road maintenance agreement; and
WHEREAS, the Developer was required to get a waiver from the Tompkins County
Health Department to request the Health Department waive the requirements of
Section 6.03c of the Tompkins County Sanitary Code. The Developer was also required
to sign a shared septic and easement agreement limited to the existing four seasonal
cottages; and
WHEREAS, the Planning Board has considered and carefully reviewed the
requirements of the Town’s Laws relative to subdivisions and the unique needs of the
Town due to the topography, the soil types and dist ributions, and other natural and
man-made features upon and surrounding the area of the proposed Subdivision, and
the Town has also considered the Town’s Comprehensive Plan and compliance
therewith; and
WHEREAS, on August 25, 2014, the Planning Board determined that the proposed
subdivision meets the definition and requirements for a minor subdivision in that the
subdivision of this parcel involves 4 or less lots in any consecutive 3 year period, and
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there are no roads or infrastructure proposed to be developed, and based on that
determination, the Planning Board classified the subject proposal as a minor
subdivision, pursuant to the provisions of Article 5, Section 502.C of the Subdivision
Regulations of the Town of Lansing, enacted as Town of Lansing Local Law No. 2 of
2008; 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, 239-m, and 239-n
(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
letter dated August 21, 2014 determined that the proposed action has no negative inter-
community or county- wide impacts; and
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WHEREAS the Planning Board has carefully considered the informal comments of
the Tompkins County Planning Department relative to potential UNA impacts of any
future development of the parcel; and
WHEREAS, the two parcels contain 4 seasonal cottages (2 upon each subdivided
parcel) which share a common septic sewage system and said shared system has been
approved for use by both parcels by the Tompkins County health Department
subject to a shared maintenance agreement; and
WHEREAS, on August 25, 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, on August 25, 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, the
comments (if any) of the Town Engineer, and other application materials, and the Town
of Lansing Planning Board completed Part II of the EAF; and
WHEREAS, by Resolution adopted on August 25, 2014, the Town of Lansing Planning
Board has determined that, pursuant to the provisions of the State Environmental
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Quality Review Act, the proposed subdivision 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 subdivision in
accordance with the provisions of the Subdivision Regulations of the Town of Lansing
including existing development in the surrounding area, public facilities and services
available, the Town’s Comprehensive Plan and Land Use Ordinance, site characteristics
and issues, 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 grants Approval of the
Application for a minor two lot of certain land located on Whitetail Crossing, Lansing,
New York and otherwise known as P/O Tax Parcel #25.-1-3.13, consisting of a total of
51.40 +/- acres, as shown on a “Survey Map Showing Portion of Lands of FDF
Development Company, Located on Whitetail Crossing, Town of Lansing, Tompkins
County, New York,” dated 6/17/14, consisting of Parcel A (26.026 +/- acres) and Parcel
B (25.374 +/- acres); subject to the following conditions :
(1) Signing of the approved subdivision plat by the Planning Board Chair and filing of
the signed plat in the Tompkins County Clerk’s Office, followed by provision of proof
of such filing with the Town of Lansing Code Enforcement Office;
(2) Any future development on either parcel will require obtaining Planning Board site
plan approval to include SEQR and stormwater review of the impact upon both parcels
as a common plan of development and said condition shall be noted on the final filed
plat.
(3) The Applicant must construct a minimum of three (3) pull-off spaces along the
private drive for Emergency Vehicles (Fire Trucks). The recommended size of the pull
offs shall be approximately 50 ft. X 12 ft. in area, with the final size determination made
together by the Applicant and the Code Enforcement Officer. Each pull off must be
marked with a free standing sign that reads, “Fire Truck Pull Off”.
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(4) Delineation of the “Pull Offs” must be shown on the Final Map prior to the
Chairman of the Planning Board signing the Plat. The Fire Chief must sign off on the
Pull Offs.
Dated: 08/25/14
VOTE AS FOLLOWS:
Gerald Caward, Jr. – Aye
Lin Davidson – Aye
Ray Farkas - Aye
Al Fiorille – Aye
Larry Sharpsteen – Aye
Debra Trumbull - Aye
Thomas Ellis - Aye
Larry Sharpsteen made a motion to waive the Public Hearing(s) on the SEQR & Final
Final Plat. 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) Al Fiorille, 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
Approval/Denial of July 28, 2014 Minutes
Deborah Trumbull states on pg. 3 AM should say; A.M.
Deborah Trumbull made a motion to approve 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, Member
Vote of Planning Board . . . (Abstained) Al Fiorille, Member
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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. 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 . . . (Abstained) Al Fiorille, 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