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Home My WebLink About04-27-15 PB Minutes.pdf DRAFT 1 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 (Alternate) * 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 Zoning. It was Mr. Sharpsteen thought that For Base Zoning 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. DRAFT 2 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 DRAFT 3 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 DRAFT 4 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 DRAFT 5 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 Sec tion 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 DRAFT 6 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, DRAFT 7 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 DRAFT 8 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 DRAFT 9 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 DRAFT 10 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. DRAFT 11 David Bravo, Architect for Mr. Deyhim states the grade of the land 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 is being said it to not to do anything you would have to re-do 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 included 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. DRAFT 12 Planning Consultant-Mike Long’s Update Mike Long presented the Members with the following update; DRAFT 13 DRAFT 14 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: DRAFT 15 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