HomeMy WebLinkAbout01-26-15 PB Minutes.pdf APPROVED
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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.
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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”
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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
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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 area Hydric %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.
3
2
Onl
y
Tull
er
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.
3
3
Onl
y
Tull
er
15-
35
D 1-
2’
abo
ve
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.
2
1
No 2-6 O
is
C/
D;
R is
D
0-
1’
6-
18”
RnC
3
Rhinebeck silty clay loam, eroded <
1
No 6-12 C/
D
0-
1’
6-
18”
Ro Rock outcrop 1
4
-- -- -- -- --
HSB = Hydrologic Soil Type DPS = Depth of Permeable Soil HGW = Depth to Seasonal High Ground
Water
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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.
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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.
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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.
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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.
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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.
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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.
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David Herrick, P.E. offered the following comment/concerns;
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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
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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
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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) –
o Requested DEC review of package system – follow up approvals needed.
o Public Hearing – January 12, Meeting held open for additional comments.
o SEQR / Site Plan approval required – February 23, 2015 mtg.
Novalane – Jack Young
o Preliminary Plat subdivision plan with turn around extension of Smugglers Path.
o Received the revised map of the future balance of parcel from John Anderson.
o Tompkins Co. 239 Review has been completed.
o Preliminary Plat Jan 26, 2015 meeting tonight.
o SEQR – classified as an “Unlisted Action” and will have resolutions available.
o Feb. 9th 2015 - Schedule Public Hearing for the “Flag Lots”
o Preliminary and Final Plat approvals.
Forest Circle Drive – Major subdivision plan.
o Tompkins Co. 239 review has been completed.
o Storm water plan revisions requested T.G. Miller.
o Will require a variance as 1 lot is less than 150 foot of road frontage.
o Required Public Hearing – establish date for Feb / March.
Whispering Pines VI –
o Revised Plans being developed by engineer.
o Completing County Health Dept. perk testing.
o Need 239 Review from Tomkins County?
o Need to establish a public hearing date.
West view Partners, Boris Simkin – Major Subdivision.
o Designated a Major subdivision (4 lots and ROW issues) – later phase plan
completed by T.G. Miller.
o Revised Subdivision Plan submitted – updating the Storm Water Plan for 4 lots.
o Revised subdivision plan to 239 Review from County
o Need to establish a Public Hearing date…
Anne Sheldon – Major subdivision approval (4-7 lots)
o Needs to submit developer’s agreement and fees SEQR Long Form part 1.
o Then can complete the 239 review
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o Need to establish a public hearing date…
Comprehensive Plan – Wed. Feb 11th at 7:00 PM
o 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