HomeMy WebLinkAbout04-27-15 PB Minutes.docxDRAFT
Town of Lansing
Monday, April 27, 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
* Deborah Trumbull
* Guy Krogh, Esq.
Other Staff
Michael Long, Planning Consultant
Doug Dake, Town Board Member
Public Present Barry & Cathy Putnam
Alex Deyhim
David Bravo
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.
Planning Federation Conference Update
Larry Sharpsteen states he would like to start a dialog with the Board at a future Meeting with respect to the modifications with the Ordinance. Mr. Sharpsteen states he attended a
Workshop on Form- Based Codes. It was Mr. Sharpsteen’s thought that Form-Based Codes could accommodate some of the things the Town is trying to accomplish. An entire rewrite of the
Zoning would not be necessary, it could be phased in.
Approval/Denial of March 23, 2015 Minutes
Deborah Trumbull made a motion to approve as presented. 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) Al Fiorille, Member
Vote of Planning Board . . . (Aye) Richard Prybyl, Member
Vote of Planning Board . . . (Abstained) Larry Sharpsteen, Member
Vote of Planning Board . . . (Aye) Deborah Trumbull, Member
Vote of Planning Board . . . (Aye) Thomas Ellis, Member
Public Hearing- SEQR & Overall Application, Major 2 Lot Subdivision, Applicant: Barry & Cathy Putnam, Ridge Road, Tax # 12.-1-18.3
The Putnam’s appeared before the Board requesting a two (2) lot Subdivision
Lin Davidson made a motion to open the Public Hearing on the SEQR and Overall Application at 7:38 P.M. 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) Norman (Lin) Davidson, Member
Vote of Planning Board . . . (Aye) Al Fiorille, Member
Vote of Planning Board . . . (Aye) Richard Prybyl, Member
Vote of Planning Board . . . (Abstained) Larry Sharpsteen, Member
Vote of Planning Board . . . (Aye) Deborah Trumbull, Member
Vote of Planning Board . . . (Aye) Thomas Ellis, Member
Public Comment/Concerns
There were none.
Lin Davidson made a motion to close the Public Hearing on the SEQR and Overall Application at 7:47 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) Norman (Lin) Davidson, Member
Vote of Planning Board . . . (Aye) Al Fiorille, Member
Vote of Planning Board . . . (Aye) Richard Prybyl, Member
Vote of Planning Board . . . (Aye) Larry Sharpsteen, Member
Vote of Planning Board . . . (Aye) Deborah Trumbull, Member
Vote of Planning Board . . . (Aye) Thomas Ellis, Member
The Planning Board Members reviewed Part I and completed Part II of the Environmental Assessment Form.
Larry Sharpsteen offered the following Resolution. 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) Al Fiorille, Member
Vote of Planning Board . . . (Aye) Richard Prybyl, Member
Vote of Planning Board . . . (Aye) Larry Sharpsteen, Member
Vote of Planning Board . . . (Aye) Deborah Trumbull, Member
Vote of Planning Board . . . (Aye) Thomas Ellis, Member
RESOLUTION PB 15-04
TOWN OF LANSING PLANNING BOARD
RESOLUTION OF STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) NEGATIVE DECLARATION FOR THE PROPOSED
BARRY K. & CATHY A. PUTNAM MAJOR SUBDIVISION
WHEREAS, an application was made by Barry K. & Cathy A. Putnam for subdivision approval for two new residential building lots on certain land located on Ridge Road – NYS Route 34B, Lansing,
New York and otherwise known Parcel A as a portion of Tax Parcel #12.-1-18.3 consisting of a total of 13.197 +/- acres, (RA) Rural Zone; and
WHEREAS, the proposed subdivision, shown on a “Survey Map Showing a Subdivision of Lands Owned by Barry K. & Cathy A. Putnam located on Ridge Road” – NYS Route 34B, Town of Lansing,
Tompkins County, New York,” dated 3/20/2015, would consist of Parcel A (5.03 +/- acres) and 8.167 +/- acres creating new Parcel B which will be merged / added to the existing Tax Map
Parcel #12-.1-17.4 of 4.077 acres which then will total Parcel B (12.244 +/- acres); 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 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;
WHEREAS, each of the identified impacts were analyzed and duly considered by the Planning Board, as Lead Agency, in relation to the question of whether such impacts were so probable
of occurring or so significant as to require a positive declaration of environmental impacts, and after weighing the potential impacts arising from or in connection with this site plan
approval, and after also considering: (i) the probability of each potential impact occurring, including weighing the highly speculative nature of some potential future contingencies
and the potential non-highly speculative nature of others; (ii) the duration of each potential impact; (iii) the irreversibility of each potential impact, including a consideration of
permanently lost resources of value; (iv) whether each potential impact can or will be controlled or mitigated by permitting, reviews, or other regulatory processes; (v) the regional
consequence of the potential impacts; (vi) the potential for each impact to be or become inconsistent with the Town’s Master Plan or Comprehensive Plan and local needs and goals; and
(vii) whether any known objections to the Project relate to any of the identified potential impacts; the Planning Board found that these factors did not cause any potential negative
environmental or related social or resource impact to be or be likely to become a moderate or significant negative impact; and
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
That the Planning Board of the Town of Lansing be and hereby is again declared to be the Lead Agency; and it is
FURTHER RESOLVED, that 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.
FURTHER RESOLVED that a responsible Officer of the Town of Lansing is hereby authorized and directed to complete and sign, as required, the determination of significance, confirming
the foregoing Negative Declaration, which fully completed and signed FEAF and determination of significance shall be incorporated by reference in these resolutions.
Dated: April 27, 2015
Motion by: Larry Sharpsteen
Seconded by: Deborah Trumbull
VOTE AS FOLLOWS:
Gerald Caward, Jr. – Aye
Lin Davidson - Aye
Al Fiorille – Aye
Richard Prybyl – Aye
Larry Sharpsteen – Aye
Deborah Trumbull – Aye
Thomas Ellis - Aye
Deborah Trumbull offered the following Resolution. 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) Norman (Lin) Davidson, Member
Vote of Planning Board . . . (Aye) Al Fiorille, Member
Vote of Planning Board . . . (Aye) Richard Prybyl, Member
Vote of Planning Board . . . (Aye) Larry Sharpsteen, Member
Vote of Planning Board . . . (Aye) Deborah Trumbull, Member
Vote of Planning Board . . . (Aye) Thomas Ellis, Member
RESOLUTION PB 13-05
RESOLUTION OF THE TOWN OF LANSING PLANNING BOARD
APPROVING WITH CONDITIONS
BARRY K. & CATHY A. PUTNAM SUBDIVISION,
RIDGE ROAD – NYS ROUTE 34B
WHEREAS, an application was made by Barry K. & Cathy A. Putnam for subdivision approval for two new residential building lots on certain land located on Ridge Road – NYS RT 34B, Lansing,
New York and otherwise known as Parcel A, a portion of Tax Parcel #12.-1-18.3, consisting of a total of 13.197+/- acres, RA Rural Agricultural Zone; and
WHEREAS, the proposed subdivision, shown on a “Survey Map Showing Subdivision of Lands Owned by Barry K. & Cathy A. Putnam, Located on Ridge Road – NYS Route 34B, Town of Lansing, Tompkins
County, New York,” dated 3/20/2015, would consist of Parcel A (5.03 +/- acres) and Parcel B (8.167 +/- acres) which will be merged with Barry and Cathy Putnam’s existing Tax Parcel #12-.1-17.4
to create an overall lot labeled “Parcel B” which is 12.244 +/- acres ; 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 distributions, 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 March 23, 2015, the Planning Board determined that the proposed subdivision meets the definition and requirements for a major subdivision in that the subdivision of this
parcel involves 4 or more lots in any consecutive 3 year period, and there are no roads or infrastructure proposed to be developed, and based on that determination, the Planning Board
classified the subject proposal as a major 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, this action is exempt from the General Municipal Law County Planning referral requirements of 239-l, 239-m, and 239-n (of Article 12-B) through an Inter-governmental Agreement
between the Tompkins County Planning Department and the Town of Lansing, dated December 17, 2003, as “residential subdivisions of fewer than 5 lots all of which comply with local zoning
standards and Tompkins County Sanitary Code requirements, and do not involve new local roads or streets directly accessing a State or county road” are excluded from the General Municipal
Law referral requirements; and
WHEREAS, on April 27, 2015, 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 hold public hearings on the subdivision application and on the State Environmental Quality Review (SEQR) review on this action; and
WHEREAS, on April 27, 2015, 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 April 27, 2015, the Town of Lansing Planning Board has determined that, pursuant to the provisions of the State Environmental 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 grant Final Plat Approval of the Application for a two lot residential subdivision of certain land located on Ridge Road – NYS Route
34B, Lansing, New York and otherwise known as Parcel A or a portion of Tax Parcel # 12.-1-18.3, consisting of a total of 13.197 +/- acres, as shown on a “Survey Map Showing Subdivision
of Lands Owned by Barry K. & Cathy A. Putnam, Located on Ridge Road, Town of Lansing, Tompkins County, New York,” dated 3/20/2015, consisting of Parcel A (5.03 +/- acres) and Parcel
B (8.167 +/- acres), intended to be merged with Tax Map Parcel # 12-.1-17.4 to create an overall parcel of 12.244 +/- acres; subject to the following conditions prior to the issuance
of any building permits on any of the subdivided parcels:
(1) signing of the approved subdivision plat by the Planning Board Chair and the signed plat with Tompkins County Assessment Department stamp followed by filing in the Tompkins County
Clerk’s Office, followed by provision of proof of such filing within the time limit requirements with the Town of Lansing Code Enforcement Office; and
(2) obtaining the necessary curb-cut/work permits from the NYS Dot /Town of Lansing Highway Department for any driveways connecting with Ridge Road and for any culverts that are to
be installed in conjunction with such driveways; and
(3) obtaining approval from the Tompkins County Health Department for the installation of any septic systems on the approved lots; and
(4) submission of a plot plan for each approved lot for approval by the Code Enforcement Officer showing the proposed layout and dimensions of any proposed buildings, driveways, and
other improvements, as well as a drainage plan with details sufficient to demonstrate that adequate drainage facilities can be provided to protect houses from flooding, standing water,
or other potential drainage problems; and
(5) no plantings other than lawn shall be permitted within the front yard setback area of Parcel A or Parcel B (i.e., within 30 feet of the road right-of-way) so that visibility along
the road is not restricted
April 27, 2015
Motion by: Deborah Trumbull
Seconded by: Larry Sharpsteen
VOTE AS FOLLOWS:
Gerald Caward, Jr. – Aye
Lin Davidson - Aye
Al Fiorille – Aye
Richard Prybyl – Aye
Larry Sharpsteen – Aye
Deborah Trumbull – Aye
Thomas Ellis - Aye
Michaleen’s – Cayuga Farms Meeting –Update
Thomas Ellis states a Meeting was held on Thursday, April 23rd with Michaleen’s Real Estate Representatives as Michaleen’s Business is up for sale. The Representatives were provided
with a copy of the Deed and filed Maps. It was Mr. Long’s take on this Meeting that the Representatives were looking for some sort of compensation. Mr. Long states the easement has
always been there, and Ms. Herzog’s Attorney should have advised her of this.
Guy Krogh, Esq. states according to his research, the state of the title has not changed since 1986.
Informal Discussion- Previous Expansion-future requirements, Alex Deyhim, Advanced Design Consulting, 126 Ridge Road, Tax Parcel # 35.-2-2.2
Thomas Ellis, Chairman states it has been brought to his attention that this entire parcel’s Site Plan should be re-evaluated and the Stormwater looked at closely. Mr. Ellis states Site
Plans are living documents and can be reviewed at any time the Planning Board feels it’s necessary. Mr. Deyhim’s initial building was built pre- modern stormwater with last addition
approved with stormwater practices, however, they were never enforced. To date, the second approved building (20,000 sq. ft.) has not been constructed. It is now Mr. Deyhim’s intention
to expand where he once had a loading dock. After consulting with Town Officials, the following recommendation has been made by the Town Engineer;
I can recommend to the Town that at a minimum the proposed 2,800 sf addition project prepare a “Basic” SWPPP and submit it to Jack French. This is essentially temporary erosion and sediment
control practices that will be utilized during the construction phase. The requirements for the Basic SWPPP are spelled out in the NYSDEC SPDES permit.
With respect to the 20,000 sq. ft. building, I suggest the Town be provided all of the necessary documents for a “Full” SWPPP (permanent practices) prior to any further land development
activity associated with that project.
David Bravo, Architect for Mr. Deyhim states the grade of the land toward the building slopes down at approximately 45 degrees and the purpose of the swale is to keep water from entering
the building by diverting it to either the front ditch or the back creek.
Thomas Ellis states Stormwater Regulations were put into place to protect ditches, not divert additional water to them. Mr. Ellis would like to see the north side of this building and
parking lot be diverted to a Stormwater Pond.
Larry Sharpsteen states what the Town Engineer is saying is to make sure the temporary SWPPP is something that doesn’t have to be redone when erecting the other building.
Mr. Ellis expressed to Mr. Bravo that he would like to see a gesture toward the Town and pick up the existing building and parking lot drainage and include it in the Stormwater Control.
Mr. Deyhim and his Architect were made aware that a condition would be placed on the proposal that will be forth coming stating that prior to the erection of the 20,000 Sq. Ft. building,
a full SWPPP must be submitted to the Planning Office. In addition, Thomas Ellis stated the Board would like to see more of a landscaping plan for the front of the site.
Planning Consultant-Mike Long’s Update
Mike Long presented the Members with the following update;
Whispering Pines VI
After some discussion, it was determined the Board is not ready to move forward with the full 27 lot Subdivision until such time as the Stormwater Plan has been reviewed by the Town
Engineer. The Board agreed they would move forward with the proposed Flag Lot at the May 11, 2015 Planning Board Meeting.
Larry Sharpsteen made a motion to enter into Executive Session at 7:50 PM to review and discuss Applications for the Planning Board Alternate position. 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) Norman (Lin) Davidson, Member
Vote of Planning Board . . . (Aye) Al Fiorille, Member
Vote of Planning Board . . . (Aye) Richard Prybyl, Member
Vote of Planning Board . . . (Aye) Larry Sharpsteen, Member
Vote of Planning Board . . . (Aye) Deborah Trumbull, Member
Vote of Planning Board . . . (Aye) Thomas Ellis, Member
Norman (Lin) Davidson made a motion to exit Executive Session at 7:57 P.M. 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) Norman (Lin) Davidson, Member
Vote of Planning Board . . . (Aye) Al Fiorille, Member
Vote of Planning Board . . . (Aye) Richard Prybyl, Member
Vote of Planning Board . . . (Aye) Larry Sharpsteen, Member
Vote of Planning Board . . . (Aye) Deborah Trumbull, Member
Vote of Planning Board . . . (Aye) Thomas Ellis, Member
Thomas Ellis made a motion recommending to the Town Board that they appoint Sandra Dennis Conlon as the Alternate Member to fill the vacant term of Deborah Trumbull. 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) Norman (Lin) Davidson, Member
Vote of Planning Board . . . (Aye) Al Fiorille, Member
Vote of Planning Board . . . (Aye) Richard Prybyl, Member
Vote of Planning Board . . . (Aye) Larry Sharpsteen, Member
Vote of Planning Board . . . (Aye) Deborah Trumbull, Member
Vote of Planning Board . . . (Aye) Thomas Ellis, Member
Richard Prybyl made a motion to adjourn the Meeting at 8:00 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) Norman (Lin) Davidson, Member
Vote of Planning Board . . . (Aye) Al Fiorille, Member
Vote of Planning Board . . . (Aye) Richard Prybyl, Member
Vote of Planning Board . . . (Aye) Larry Sharpsteen, Member
Vote of Planning Board . . . (Aye) Deborah Trumbull, Member
Vote of Planning Board . . . (Aye) Thomas Ellis, Member