HomeMy WebLinkAbout01-26-15 PB Minutes.docxDRAFT
Town of Lansing
Monday, January 26, 2015 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)
Guy Krogh, Esq.
Other Staff
Michael Long, Planning Consultant
Doug Dake, Town Board Member
Public Present William Bellamy
Nancy Bellamy
Carol Vineyard
Richard Schuler
Karen Piersanti
Jim Piersanti
John Andersson, P.E.
John Young
Maurine Linder
Michael Olsen
Bill Currie
Other Business
Thomas Ellis called the Planning Board Meeting to order at 6:32 PM.
Public Comments/Concerns other than Agenda Items
Thomas Ellis, Chairman inquired if there were any comments from the Public. There were none.
New Town Board Liaison to Planning Board
Chairman Ellis introduced and welcomed Doug Dake, Town Board Member to the Planning Board as their new Liaison. Mr. Dake will hold this position of Liaison for one year.
Preliminary Plat Review for Novalane Subdivision, Applicant: John E. Young, Susan M. Barnett, James R. Young and Julie Rd. Young, 1714 East Shore Drive, Tax Parcel # 36.-1-17.40
Mr. John Andersson, P.E. for the Applicants’ gave a brief overview of the proposed Subdivision.
Project Overview
The owners of tax parcel # 36-1- 17.40 (32.71 acres) propose to subdivide the western portion of the property (approximately 14 acres) into seven (7) building lots. These lots will be
larger than required by the applicable zoning laws and larger than the lots in adjacent subdivisions. The balance of the property will remain in cultivation for the time being, although
it is anticipated that the entire property will eventually be developed for residential uses as permitted by its existing R-1 (low density residential) zoning. As the property is long
and thin with only problematic road frontage on Route 34, previous Town Planning Boards provided for access from each adjacent subdivision; Smugglers Path comes to the north property
line through the Lake Watch neighborhood, and a paper street from the south allowing access to Eastlake Road.
The future connection of Smugglers Path to Eastlake Road will provide significant advantages for both adjoining neighborhoods as it will allow pedestrians, bicycles, cars, snow plows,
emergency vehicles and school buses to pass smoothly and freely between neighborhoods without entering and leaving East Shore Drive. In addition, this is the fairest and most equitable
option, as all traffic and benefits would flow in both directions and the new road would serve the needs of each existing neighborhood and the newly created lots equally. This option
is the preferred alternative of the Lansing Highway Department. The Novalane developer plans to extend the existing Smuggler’s Path to the southern Novalane property line and end with
a turn-around in accordance with Townof Lansing standards. This will allow for the future extension to Eastlake Road through the “paper road” adjacent to #94 Eastlake Road. Six lots
will front on the extended Smuggler’s Path; Lot 1 will have a driveway from Reach Run.
The existing 8” water main on Smuggler’s Path will be extended with Smuggler’s Path, ending at the southern property line so that it can be extended and connected to the 8” main in Eastlake
Road in the future. Most of the lots will be provided water service from this main, although Lot 1 will connect to the existing 8” water main on Reach Run.
All the lots will have individual on-site sewage systems.
The Storm Water Pollution Prevention Plan will show that the rate of run-off decreases from the existing cultivated field condition because of permanent ground cover and extended flow
distances. The “first-flush” run-off from impermeable surfaces will generally be treated by bioretention facilities. The one-year storm will be detained and slowly released to protect
the downstream banks from erosion.
As requested by the Lansing Planning Board one potential development scenario of the eastern section (to remain undeveloped at this time) has been prepared. A new road could extend
east from the extended Smugglers Path approximately 1000’ and terminate in a hammerhead. Two lots could extend beyond the hammerhead with a neighborhood park area between those houses
and East Shore Drive. A pedestrian access between the hammerhead and the park would be provided. The R-1 zoning would allow up to six lots on each side of the new road, but most likely
only 4-5 would be created on each side to keep the lot size in scale with the first seven. Adequate water pressure would be available from Smuggles Path. Each home would be served
by its own on-site individual sewage system, and if necessary, storm water controls would be installed at the area’s lowest elevation, above lot 5. This scenario is not a proposal,
but is intended to show the scale of how development may look with current zoning. Existing Site Description
Location: western portion of Tax Parcel # 36-1- 17.40 in the Town of Lansing, Tompkins County. The property has about 520‘ frontage on NYS Rt 34 and is bounded on the north by the
Lake Watch Subdivision (Reach Run), the south by Eastlake Subdivision (Eastlake Road) and the west by existing developed lots fronting on Cayuga Lake.
Access: in addition to NYS 34, the property is accessed by Smuggler’s Path from the north and the western bend of Reach Run. In the future, Smugglers Path can be connected to Eastlake
Road adjacent to #94 Eastlake Road through the paper street
Area: the parcel is approximately a rectangle 500’ north to south and 2800‘ east to west. The entire parcel is approximately 32.7 acres; the area proposed to be developed at this time
is approximately 14 acres.
Utilities: The area is served by natural gas, underground electric and cable service, and municipal water. Municipal sewer is not available and all neighboring properties are served
by on-site individual sewage systems.
Slope: the parcel slopes from NYS 34 towards Cayuga Lake. The woods at the western end slopes from 10% to 50% and more; the field above the woods slopes 8-18%. The field to remain
undeveloped slopes less than 5% to 12%. No development is planned on slope steeper than 20% and most development will occur on less than 15% slope.
Current Use: The area to be developed is currently forested on the western 4.9 acres; the balance is farmed for crops. The area to remain undeveloped is farmed for crops with an abandoned
1.7 acres farmyard (with barns, outbuildings, trees) occupying the extreme northwest corner near NYS Rt 34.
Soils: the USGS Web Soil Survey and the Tompkins County Soil Map identify the following soils on the portion of the property proposed for development:
Type Description % of areaHydric %Slope HSB DPS HGW
LtB
Lordstown, Tuller and Ovid soils; shallow and very shallow. Typical profile Ovid: 0-14” silt loam; 14-15” channery silt loam; 15-19” weathered bedrock. Typical profile Tuller and Lordstown:
0-15” channery silt loam; 15-19” unweathered bedrock. Ovid and Tuller somewhat poorly drained; Lordstown somewhat excessively drained.
32
Only Tuller
0-15
D
1-2’
6-18” O & T; >80” R
LtC
Lordstown, Tuller and Ovid soils; shallow and very shallow. See above for description.
33
Only Tuller
15-35
D
1-2’
above
OrB
Ovid and Rhinebeck silt loams, moderately deep. Typical profile Ovid: 0-14” silt loam; 14-24” silty clay loam; 24-30” gravely loam; 30-34” weathered bedrock. Typical profile Rhinebeck:
0-12” silt loam; 12-30” silty clay loam; 30-34” weathered bedrock.
21
No
2-6
O is C/D; R is D
0-1’
6-18”
RnC3
Rhinebeck silty clay loam, eroded
<1
No
6-12
C/D
0-1’
6-18”
Ro
Rock outcrop
14
--
--
--
--
--
HSB = Hydrologic Soil Type DPS = Depth of Permeable Soil HGW = Depth to Seasonal High Ground Water
Sensitive Environmental and Historic Features
The extreme western (forested) portion of the property is identified as part of the Unique Natural Area #64 by the Tompkins County Environmental Council. UNA-64, named “Lake Cliffs,
South of Portland Point”, consists of over 158 acres along the shore of Cayuga Lake from Portland Point nearly 10,000’ south to a line extended from Burdick Hill Road. Much of UNA-64,
especially the area immediately west, north and south of the proposal, is now large lot residential development. The 5 acres of UNA-64 in Novalane is proposed to be divided into two
residential lots, and the western, steepest area, will remain as it is. Terrestrial Environmental Specialists, Inc., Phoenix, NY (www.tesenvironmental.com) reported on a background
information review and field investigation of the UNA-64 within Novalane on November 26, 2013. This report is appended.
Cayuga Lake (Ont 66-12-P296, Class AA) is located over 400’ from the western boundary of the property. All storm water runoff from the property reaches Cayuga Lake. Run-off from the
area of Lots 1-7 flows through four small unidentified drainage ways with culverts under East Lake Road and the private extended East Lake Road. However, run-off from the most eastern
3 acres of the parcel (not to be developed at this time), fronting on East Shore Drive, flows to an identified stream, Ont 66-12-P292- 62, Class C. This stream originates north of Water
Wagon Road and east of NYS Rt 34; flows under that intersection, then flows south and west to Cayuga Lake. It passes the extreme south eastern corner of the property.
No other sensitive environmental features (streams, watercourses, agricultural districts, federal or state wetlands) are on or near the property.
A search of the online GIS resources at http://nysparks.state.ny.us/shpo/on-line-tools/ identified one listed historic building, 08NR05948, at the intersection of NYS 34 and NYS 34B,
more than two miles from the site. The on-line search also identified the western portion of the Novalane property extending into a large Archeo Sensitive Area that stretches east/west
from South Lansing to Cayuga Lake and north/south from Ludlowville to just south of the Novalane property. A request for Project Review was sent to the New York State Office of Parks,
Recreation and Historic Preservation on March 10, 2014. A response has not yet been received.
Zoning
The zoning on this and adjacent parcels is R1, Low Density Residential. The minimum lot size required is 40,000 square feet per dwelling unit. Minimum frontage is 150’, except that
flag lots are allowed with a minimum 30’ wide access from the public road. (40’ is the minimum if public sewers exist or are planned.)
Traffic
At present Lake Watch, Eastlake and the adjacent properties on Teeter Road and East Shore Circle include roughly 140 buildable lots (all but a few already developed) that feed into Rt.
34 for travel north or south at one of three intersections: Eastlake Road, and the two ends of East Shore Circle. The Eastlake area has about 36 buildable lots, all dependent on a single
(and thus critical) access point on Route 34, while the Lake Watch/East Shore Circle area has just over 100 buildable lots with two access points on Route 34. Novalane would add seven
buildable lots with access to Route 34 via the existing streets through Lake Watch/East Shore Circle, increasing the number of homes served by 7%. When Smugglers Path is completed to
Eastlake Road, the overall traffic originating from the combined neighborhood would increase by roughly 5%, and the extended Smugglers Path would allow existing residents within the
area more choices for access to Route 34. Once Novalane has been completed all 140 lots would have three options for access from which they could choose based on safety, distance, time
and the direction of their travel. In addition, the dead-end portion of East Lake Road will decrease from 4500’ to 2500’.
Actual traffic counts have been made on East Shore Drive (count station 0900) near Waterwagon Road and reported in the “Year 2011 Final Traffic County Report” by the Ithaca-Tompkins
County Transportation Council (www.tompkinscountyny.gov/itctc). The two most recent records are from 2008 and 2011. The Annual Average Daily Traffic (AADT) is the count of vehicles
on a “typical” day. The 2011 AADT was 3910, down 25% from the 2008 AADT of 5251. The report did not discuss any reasons for the decrease. The 5-6 PM count was 401 in 2011.
SEWAGE TREATMENT
Individual on-site wastewater treatment systems (OWTS) are proposed because no municipal collection system exists in the area. The OWTS will be comparable the systems on the other developed
lots in the area. Final plans show details of the soil investigations and specific proposed systems.
The soils identified by the Soil Conservation Service and completed soil profile observations and percolation tests show that the soils are not suitable for conventional absorption systems
due to limited permeable soils, shallow rock, and shallow seasonal water table. Proposed systems consist of a septic tank followed by a buried sand filter followed by modified downstream
absorption trenches. Even though some portions of some lots are steeper, the systems can be located on land that slopes 15% or less, the acceptable slope limit without waiver.
WATER SUPPLY
Source and Existing Infrastructure
The area is part of the Lansing Consolidated Water District that distributes treated water from the Bolton Point Municipal Water System, with treatment plant and offices at 1402 East
Shore Drive. Source water is Cayuga Lake. The BP system serves residents of the Towns of Dryden, Ithaca and Lansing, and the Villages of Cayuga Heights and Lansing and a small area
on the City of Ithaca. During the last reporting year the Bolton Point system did not experience any restriction of its water source or violations of any quality standards.
The proposed development area is provided water from the Burdick Hill Tanks (overflow elevation 1008; normal low elevation 993’.) The ground elevation of the proposed development area
varies from 640 to 750, providing static water pressures of 353’ (152 psi) to 243’ (105 psi). Individual pressure regulating valves will be required for most houses. The home with
access from Reach Run (Lot 1) at the lowest elevation will be served from a lower pressure zone on Reach Run created by PRVs on East Lake Road and Smugglers Path.
Proposed Water Main Extension
It is proposed to construct 600’ of 8” water main along the proposed extension of Smugglers Path to the Novalane southern property line; it could be connected later to the existing 8”
main in Eastlake Road to complete the high pressure network on these two streets. One permanent hydrant will be installed at the intersection of Smugglers Path and the future street
to the east. A temporary fire hydrant will be placed at the proposed water main for flushing purposes.
STORM WATER MANAGEMENT
A Full Storm Water Pollution Prevention Plan (SWPPP) has been prepared for submittal to the Town of Lansing for review and approval so that coverage can be obtained through the NYS SPDES
General Permit for Construction Activities Permit No. GP-0-10-001.
The existing drainage patterns will generally be maintained. Culverts and storm water sewer are generally designed to pass at least the 50-yr projected storm flow. Run-off calculations
using WIN TR-55 show that rate of run-off and total run-off will be decreased by converting cropped fields to low-density residential use. Deed restrictions for protection of the steep
mature wooded parts of Lots 1 and 7 are being considered; and no construction is contemplated where the slope exceeds 20%.
Normally it is preferred to install run-off water quality practices such as directing roof drainage to grassed areas, rain gardens, and grassed swales on each lot. However, these practices
are not practical here because of the slope, low-permeability soils and shallow rock. Some small impermeable areas may benefit from tree planting, but the major treatment for run-off
from roofs and road surfaces will be provided through a bioretention practice in an area between lots 6 and 7, with individual small bioretention practices on each lot.
Practices will be provided only for the area of Lots 1-7. A stormwater diversion swale will be developed east of Lots 1-7 to direct water to the south property line (where the water
currently flows) so that only run-off from Lots 1-7 will need to be handled at this time. Any future development will have its own practices that will not use the ones provided for
Lots 1-7. A SWPPP will need to be developed at the time development is proposed. Run-off from most of the undeveloped area flows to the south property border where a stormwater easement
already exists. This flow pattern will be preserved. It is anticipated that stormwater treatment practices similar to those proposed for Lots 1-7 will be appropriate. An area east
(uphill) of Lot 5 will be reserved for stormwater treatment with discharge to the stormwater easement.
STATE ENVIRONMENTAL QUALITY REVIEW (SEQR)
This project is an Unlisted Project according to 6 NYCRR Part 17 State Environmental Quality Review (SEQR). An agency with approval authority must determination the environmental significance
of the project during project review. The agencies may agree on a Lead Agency to make the determination or each agency may decide for itself; but if any agency determines the action
may have a significant adverse impact upon the environment then it must coordinate the review with all other involved agencies.
Tompkins County Planning Department offered the following Formal 239 Reply:
Larry Sharpsteen again noted for the record the Unique Natural Area Listing by the County does not have the force of law. There is no requirement for Developers to do anything with
it. Mr. Young has undertaken to contract with an Engineering Firm to make suggestions for his protection. Mr. Sharpsteen states this is laudable for this Developer to do and is the
first one to do this in Mr. Sharpsteen’s twenty some years of being on the Planning Board.
Mike Long states the Developer has prepared and filed an amended restricted declaration, covenants and restrictions for all of the parcels to reinforce the significance of the environment
itself.
Richard Prybyl inquired from the Project Engineer to know where the rest of the plan is, such as the possible Community Play Area. Mr. Andersson states they have no further plans for
development. In addition, no further development can happen until different roadways are established for access.
Thomas Ellis states he met last week with Town Officials to discuss the road issues within a couple different Subdivisions and it was agreed that there will be conditions placed on this
final approval indicating no further development of this property until such time as the 2nd access road is settled.
Richard Prybyl indicated he has had a number of Community Members come to him to discuss this proposal. Some are concerned with re-zoning of the remaining property as well as road/traffic
issues. Mr. Prybyl feels the residents that live in 100 +homes within that area deserve to have something more definitive as far as future plans for the remaining land. Mr. Prybyl suggested
that the Planning Board request from the Developer for a commitment indicating he would never commercially develop the remaining land.
Mike Long expressed to Mr. Prybyl if a Zoning change were to happen in the future, it would be made by the Town Board, not the Planning Board.
Gerald Caward states in this point of time, there is no way the Planning Board can guarantee a future event. A future Town Board could make any changes to the Zoning that they wish.
Covenants will only work for a period of time, and then they have a sunset.
David Herrick, P.E. offered the following comment/concerns;
Mr. Long further states in terms of the SEQR Review, this would be classified as an “Unclassified” action. The Planning Board will be the Lead Agency and the Public Hearing will be
held at the February 9, 2015 Hearing. The Town Highway and Town Engineers have been looking at possibly moving the road down at the end slightly due to the rocks. In addition they looked
at possibly of trying to exit out onto Route 34 in the future. It will take some time to get a Traffic Study Done.
Larry Sharpsteen stated for the record the Planning Board wants at least the density shown in the proposed plan before the Board at this time to be included and shown in any Traffic
Study done for this area.
Thomas Ellis states most likely there will be a condition placed on any further development of this property until such time that a second road of ingress/egress is made.
A Gentlemen again had great concerns with the potential increase of traffic in that neighborhood.
Mike Long, Planning Consultant advised the Public that he and the Town Supervisor will be meeting the Tompkins County Transportation Department next week to seek their assistance in
possibly obtaining a traffic study. Mr. Long further reminded people that Route 34 is a State Road.
Larry Sharpsteen states the Town has been proactive to get the State for years to help with the traffic conditions on Route 34. The Planning Board is doing all they can to assist the
residents with their traffic concerns.
A Gentleman inquired if the Catch Basin at the bottom of the east side will be adequate to hold the water. Mr. Andersson states it is only designed to handle the water from the project
down slope. Anything above that will be handled by a separate Basin.
Thomas Ellis inquired if there would be a Homeowner’s Association to enforce the covenants. Mr. Young states no, they would be up to each individual.
John Andersson states he will be meeting with the Town’s Engineer, David Herrick to go over the fine details that need to be tweaked.
Rick Prybyl requested that Mr. Young put something in writing to the affect that he will not encourage or support a Zoning change for the reminder of the property. Larry Sharpsteen reiterated
the Planning Board has no control over a Town Board function.
Larry Sharpsteen moved to accept the Preliminary Plat with the Conditions that the items from Town Legal Counsel, Guy Krogh and the Town Engineer, David Herrick are all addressed before
the submittal of the Final Plat. 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) Norman (Lin) Davidson, Member
Vote of Planning Board . . . (Aye) Ray Farkas, Member
Vote of Planning Board . . . (Nay) 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
Approval/Denial of January 12, 2015 Minutes
Larry Sharpsteen states pg. 6 - who contracts with an Operator who takes care of control and maintenance of the plant.
Deborah Trumbull states: pg.2 - Last sentence again should be ago.
Gerald Caward: states pg.6- 16,000 gallons
Gerald Caward: States pg 8, 4 paragraph, made to may
Gerald Caward made a motion to approve as amended. 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) Norman (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
Mike Long, Planning Consultant offered the following update;
Planning Board Project Update: Jan 26, 2015 meeting
Cayuga Farms (102 dwelling Unit Site Plan) –
Requested DEC review of package system – follow up approvals needed.
Public Hearing – January 12, Meeting held open for additional comments.
SEQR / Site Plan approval required – February 23, 2015 mtg.
Novalane – Jack Young
Preliminary Plat subdivision plan with turn around extension of Smugglers Path.
Received the revised map of the future balance of parcel from John Anderson.
Tompkins Co. 239 Review has been completed.
Preliminary Plat Jan 26, 2015 meeting tonight.
SEQR – classified as an “Unlisted Action” and will have resolutions available.
Feb. 9th 2015 - Schedule Public Hearing for the “Flag Lots”
Preliminary and Final Plat approvals.
Forest Circle Drive – Major subdivision plan.
Tompkins Co. 239 review has been completed.
Storm water plan revisions requested T.G. Miller.
Will require a variance as 1 lot is less than 150 foot of road frontage.
Required Public Hearing – establish date for Feb / March.
Whispering Pines VI –
Revised Plans being developed by engineer.
Completing County Health Dept. perk testing.
Need 239 Review from Tomkins County?
Need to establish a public hearing date.
West view Partners, Boris Simkin – Major Subdivision.
Designated a Major subdivision (4 lots and ROW issues) – later phase plan completed by T.G. Miller.
Revised Subdivision Plan submitted – updating the Storm Water Plan for 4 lots.
Revised subdivision plan to 239 Review from County
Need to establish a Public Hearing date…
Anne Sheldon – Major subdivision approval (4-7 lots)
Needs to submit developer’s agreement and fees SEQR Long Form part 1.
Then can complete the 239 review
Need to establish a public hearing date…
Comprehensive Plan – Wed. Feb 11th at 7:00 PM
To review Agricultural Plan
Other Business;
Lynn Day, Zoning Officer states Village Solar will be returning to the Planning Board for a Modification to their PDA.
Thomas Ellis made a motion to adjourn the Meeting at 8:22 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) Norman (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