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HomeMy WebLinkAbout10-06-14 PB Minutes.pdf APPROVED 1 Town of Lansing Monday, October 6, 2014 6:30 PM JOINT TB/PB 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 Charlie Purcell, Deputy Superintendent Guy Krogh, Esq. Michael Long, Consultant Doug Dake, TB Member Ruth Hopkins, TB Member Ed LaVigne, TB Member Robert Cree, TB Member Public Present Connie Wilcox John Anderson Boris Simkin Lowell Garner Mel Richards Lydia Krogh Jane Richards Larry Zuidema Robert Hillman Dan Veaner Steve Palladino Boris Simkin Mary Lee Banfield David Banfield Several others Other Business Tom Ellis, Chairperson called the Planning Board Meeting to order at 6:35 PM. Chairman Ellis enacted the voting privilege for Alternate Member, Deborah Trumbull due to two Members being absent. APPROVED 2 Public Comments/Concerns other than Agenda Items There were none. New Planner-Consultant Chairman Ellis introduced Michael Long, Planning Consultant for the Town. Mr. Long will be working in the Planning Office three days per week assisting the Town with their Planning needs. Chairman Ellis switched the Agenda order to allow the review of Minutes first. Approval/Denial of September 8, 2014 Minutes Larry Sharpsteen made a motion to approve the Minutes of September 8, 2014 as presented. Gerald (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) 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 Sunpath and Eastlake Subdivision Discussion Chairman Ellis advised all present the reason for the Joint (PB/TB) Meeting was to get everyone onboard with the dynamics of previously approved Subdivisions with respect to easements, right of ways, building of roads etc, west of East Shore Drive between Teeter Road and Sun Path. It was requested by Mr. Ellis for both Legal Counsel(s) and the Town’s Engineer to compile a history of the projects dating back to 1975. Chairman Ellis pointed out concerns for the final build out of these areas are as follows;  Controversy with the Inter connection roads north and south. Some controversy comes from the residents within the developments, some from the Developers themselves. Mr. Ellis states he still feels the need for the completed interconnect for the stated reasons; 1. A community and residential travel and interconnection 2. Fire, safety and access 3. Town Highway access for yearly maintenance and emergency maintenance APPROVED 3 In the 1970’s, the Planning Board and the Town Board Members both imagined paper roads that would inter-connect and make these communities accessible in and out for residents, fire & safety and maintenance purposes. The Planning Board have been aware of several past documents, Resolutions, and Agreements concerning right of ways from Smugglers Path (Lakewatch Subdivision) to south to the Sun Path Subdivision. Some of this documentation is conflicting or may be outdated. It appears some right of way designations have disappeared as land has been sold over the years. The Developer for the new proposed Novalane Development is willing to build a road north and south from Smugglers Path and Eastlake Road. Mr. Ellis states the Planning Board has questions such as; 1. Does the Town want a road built to the south that goes nowhere due to the right of way disappearing? 2. If indeed the Town feels the inter connector road (north-south) in the Eastlake Subdivision is important, who will be paying for it? 3. Where will Eastlake connector road go if the right of way for the (Sun Path) have legally disappeared? Does the Town want a road to no where or shall they eliminate the road? 4. Can the Town of Lansing enforce and get back the right of ways that have been removed over the years through land sales? Al Fiorille stated from looking at the Map(s) there is a proposed lane that would connect Butler’s property. If the lane is moved to connect to Mahool’s property, would the Town be financially responsible to the land owner for the loss in value if the road is moved? Chairman Ellis stated the Planning Board is requesting that the Town Board make a decision based on the presentations tonight by Legal Counsel(s) and the Town Engineer. By way of making this decision, the Planning Board can then begin a new starting point that either erases or enforces all past actions by the Pl anning Board, Town Board and Developers. David Herrick, Town Engineer states he retrieved Public information from the Tompkins County Clerk’s Office and complied the following and gave a brief overview of his findings; APPROVED 4 APPROVED 5 APPROVED 6 APPROVED 7 APPROVED 8 APPROVED 9 APPROVED 10 APPROVED 11 APPROVED 12 APPROVED 13 APPROVED 14 APPROVED 15 APPROVED 16 APPROVED 17 APPROVED 18 APPROVED 19 APPROVED 20 APPROVED 21 Ms. Moynihan Schmitt, Legal Counsel for the Planning Board offered her Timeline of Events as follows; APPROVED 22 APPROVED 23 Ms. Moynihan Schmitt further stated she and the Town’s Legal Counsel, Guy Krogh concurr that Case Law is clear that the Subdivision Plat is going to control the inquirey as to where these easements are located and whether or not they exist. Mr. Krogh indicated Map 1 presented tonight is binding. Michael Long, Consultant for the Town states after reviewing the material, the question becomes in the overall plan is this the right thing to do and install the connector road. In Mr. Long’s opinion, he believes the road should be there. Specifically for fire and safety reasons. Guy Krogh states the issue of north and south connector roads off of Sun Path have been repeatedly discuss over the years. The Town Board has consistantly stated those connector roads will have to be there. Larry Sharpsteen states he was a Member on the Board at the time this was happening. The Planning Board envisioned having a connector road go from Sun Path south to the Butler property and north to Teeter Road. The Planning Board along with a professional planner began an overall plan on these Subdivision. The overall thought was for public health and safety. The discussion included the length of the dead end roads with no alternate access in case an accident or fire blocked off an upper portion of that road. For that reason, the Planning Board felt these links would be desirable. David Banfield, a current resident of Sun Path and property owner at the time of all those discussions states he was aware of an easement on his property at the time he purchased it. He was told it was for a town snow plow turn around. Further discussion occurred about Bolton Point Road (at the bottom of Eastlake Subdivision). Mr. Banfield APPROVED 24 states the Town dropped the conversation about extending the connector from Sun Path and thought it would be cheaper to extend the road from Eastlake to Bolton Point Road south. Eventually that conversation was dropped too because of cost. Thomas Ellis requested from the Town Board Members that they have a discussion and determine how the Town would like to move forward on this connector road situation. The Planning Board would like an answer in the near future. Mr. Ellis states the Planning Board needs to revisit Westview Partner, LLC proposed Subdivision to see how the property to the south (Mahool’s). This may be where an inter-connection could be added. John Young advised the Board if they take a ride down to the Bolton Point Road area that Mr. Banfield is speaking of, they will see there is a” major” stream. Mr. Young is unsure of the feasiability to construct a road over it or the cost to the Town to do that. Michael Long suggested that he, the Town Engineer, and the Highway Supertendent review the road issue and come back to the Planning Board with options as to which way to go. Kathy Miller, Town Supervisor states she has a clear understanding of what has happened in the past, however she is not so sure that is what should have happened. Ms. Miller thinks it’s something that should be looked at. Mr. Ellis feels the Westview Partner, LLC should be placed on the next Agenda for further discussion on the proposed Subdivision. Mr. Ellis further states further discussion on the Subdivisio is the classification. The initial top two lots are separate tax numbers and are located in the Village. Ms. Moynihan Schmitt states it will be considered a 3 lot off the parent parcel with a narrative that expresses an intention to continue into phased development beyond the 4 lots. Ed LaVigne summarized the discussion as follows with the following questions/comments; 1. Are there any obligations that have not been met over the last 40 years that can be legally met? 2. Is some of this land on the Village? What jurisdiction do we have over them? 3. Lorraine Moynihan Schmitt will work closely with the new Consultant, Mike Long who in turn with work closely with the Planning Board. The Planning Board will go over the recommendation of the Town Board soon. APPROVED 25 A gentlemen from the audience inquired if the Cheryl Nicke’s obligation was considered a contractual obligation? Ms. Moynihan Schmitt indicated further research will need to be done. Lorraine Moynihan Schmitt states the connector road is reserved on the initial Subdivison plat. The issue is who is responsible for paying for it? Larry Sharpsteen made a motion to adjourn the Meeting at 7:50 PM. 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) 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