HomeMy WebLinkAbout05-11-15 PB Minutes.pdf DRAFT
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Town of Lansing
Monday, May 11, 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
David Herrick, P.E., Town Engineer
Public Present
Richard Thaler Rebecca Shindler
Sonia Thaler Mary Lou Bailey-Smith
Larry Fabbroni Sr. Katrina Thaler-Medeiros
Larry Fabbroni Jr. David Bravo-Cullen
David Moore Tina Eastman
Ms. Andres
Other Business
Thomas Ellis called the Planning Board Meeting to order at 6:30 PM.
Public Comments/Concerns other than Agenda Items
Thomas Ellis, Chairman inquired if there were any comments from the Public. There
were none.
Approval/Denial of April 27, 2015 Minutes
Deborah Trumbull: Pg. 1 remove the title of Alternate next to her listed name
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Pg. 11: 3rd paragraph, 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.
Lin Davidson: Pg. 1, 3rd sentence: Sharpsteen’s thought, Formed- Based Codes
Thomas Ellis: Pg. 11, 4th paragraph, included to include
Norman (Lin) Davidson 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) Al Fiorille, 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
Site Plan & SEQR Review for a proposed 3,000 Sq. Ft. Addition, Alex
Deyhim, Advanced Design Consulting, 126 Ridge Road, Tax Parcel # 35.-
2-2.2
Mike Long, Planning Consultant for the Town states David Bravo, Engineer for the
Deyhim project has been instructed by David Herrick, P.E. to complete a Basic SWPPP
for this particular project and in the future when the 100’ x 200’ pre-approved building
is constructed, a full SWPPP will be required before a Building Permit will be issued.
Mr. Deyhim will have to follow the Town’s Stormwater Law, which also includes any
fees occurred with respect to Stormwater.
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Norman (Lin) Davidson made a motion to waive the SEQR and overall Site Plan Public
Hearings for the reason that this is an expansion of an existing use and will not change
any impact that is currently being applied to this property. 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) 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. 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
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Vote of Planning Board . . . (Aye) Al Fiorille, 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 15-06
TOWN OF LANSING PLANNING BOARD
RESOLUTION OF STATE ENVIRONMENTAL QUALITY REVIEW (SEQR)
NEGATIVE DECLARATION FOR THE PROPOSED
ADVANCED DESIGN CONSULTING, INC.
CONSTRUCTION OF 3,000 SF ADDITION SITE PLAN
WHEREAS, an application was made by Alex Deyhim of Advanced Design Consulting
USA, Inc. for site plan approval for the proposed construction of a Commercial
addition, located at 126 Ridge Road, Lansing, New York and otherwise known as Tax
Parcel #35-.2-2.2, B1- Commercial Mixed Use Zone consisting of approximately 4.47
acres; and
WHEREAS, the proposal is to add a 50 foot by 60 foot addition that contains 3,000
square feet of manufacturing space on a 0.67 acre portion of the site which previously
had the loading dock and gravel parking area; and
WHEREAS, the owner will complete a Basic SWPPP for the immediately affected area
and at a later time complete a “Full SWPPP” for the entire site prior to the construction
of any future buildings on the site; 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 the lead agency
function for 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; and
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WHEREAS, the Town of Lansing Planning Board finds that agricultural/farm
operations will not be impacted by the project because there are no current or planned
farm operations on the project site;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
The Town of Lansing Planning Board, based upon (i) its thorough review of the
Short 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 Short 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.
Dated: May 11, 2015
VOTE AS FOLLOWS:
Gerald Caward, Jr. – Aye
Norman L. Davidson – Aye
Al Fiorille, - Aye
Larry Sharpsteen, - Aye
Deborah Trumbull, - Aye
Thomas Ellis, - Aye
Norman (Lin) Davidson 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) Larry Sharpsteen, Member
Vote of Planning Board . . . (Aye) Deborah Trumbull, Member
Vote of Planning Board . . . (Aye) Thomas Ellis, Member
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RESOLUTION PB 15-07
RESOLUTION OF THE TOWN OF LANSING PLANNING BOARD
APPROVING WITH CONDITIONS THE
CONSTRUCTION OF 3,000 SF ADDITION to
ADVANCED DESIGN CONSULTING USA, INC.-SITE PLAN
WHEREAS, an application was made by Alex Deyhim of Advanced Design Consulting
USA, Inc. for site plan approval for the proposed construction of a 3,000 square foot
addition to the existing 12,200 square foot commercial building, located at 126 Ridge
Road, Lansing, New York and otherwise known as Tax Parcel #35-.2-2.2, in the town of
Lansing consisting of approximately 4.47 acres in the B1 – Commercial Mixed Use Zone;
and
WHEREAS, the Planning Board did grant site plan approval in 2012 for a 100 foot by
200 foot new building to be constructed north of the existing structures which may be
completed at a later date; and
WHEREAS, the proposal is to add a 50 foot by 60 foot addition that contain 3,000
square feet of manufacturing space on a portion of a site which previously had the
loading dock which is being removed; and
WHEREAS, the proposal is a permitted use in the B1 – Commercial Mixed Use Zone
subject to obtaining site plan approval from the Planning Board; and
WHEREAS, the Town has considered and carefully reviewed the requirements of the
Town’s Laws relative to site plan review 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 Site Plan, and the Town has also
considered the Town’s Comprehensive Plan and compliance therewith; 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
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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, General Municipal Law County Planning referrals 239-l and 239-m (of
Article 12-B) were sent to the Tompkins County Planning Department by the Town of
Lansing Planning Department, and the Tompkins County Planning Department in a
letter dated April 16, 2015 determined that the proposed action has no negative inter-
community or county-wide impacts; and
WHEREAS, on April 27 2015 and again on May 11, 2015, the Planning Board reviewed
and considered the aforementioned site plan application in the Lansing Town Hall, 29
Auburn Road, Lansing, New York and resolved to waive the public hearings on the
State Environmental Quality Review (SEQR) review on this action and the site plan
application; and
WHEREAS, on May 11, 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,
considered the comments (if any, of the Town Engineer, the Tompkins County
Department of Planning County 239-l and m review and other application materials,
and the Lansing Planning Board completed Part II of the EAF; and
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WHEREAS, by Resolution adopted on May 11, 2015 the Town of Lansing Planning
Board has determined that, pursuant to the provisions of the State Environmental
Quality Review Act, the proposed 126 Ridge Road project site plan 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 site plan in
accordance with the provisions of the Town of Lansing Land Use Ordinance Section
701.4 et seq., including concerns addressing site drainage, lighting, nearby residences,
landscaping, parking, and buffering/screening, driveway 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 does hereby grant Final Site
Plan Approval to Alex Deyhim and Advanced Design Consulting USA, Inc. for the
proposed construction of a 50 foot by 60 foot building addition and site area
improvements, located at 126 Ridge Road, Lansing, New York, and otherwise known as
Tax Parcel #35-.2-2.2 – B1 Commercial Mixed Use Zone, as shown on the site plan Sheet
ST-3 dated 24 April, 2015 And as drawn by Cornerstone Architects submitted by the
applicant; subject to the following conditions:
(1) Construction of the building addition and site plan as included within the drawings
submitted and dated 24 April 2015. The Town Engineer shall review and approve a
“Basic SWPPP” for the 0.67 acre of proposed disturbed area submitted and
approved by Lansing Highway Department.
(2) A “Full SWPPP” will be required before the issuance of a building permit for the
previously approved (July 23, 2012) 100 foot by 200 foot new building of 20,000 SF
taking into consideration the entire site drainage.
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(3) Building Permits will be required to construct the 50 foot by 60 foot addition.
(4) The new building construction documents must be approved by an Engineer /
Architect. (stamped drawing)
(5) All new construction must meet the requirements of the New York State Building
Code.
(6) Buffering required as follows; To protect and maintain the existing site vegetation
and trees especially along Ridge Road as indicated on the site plan and the
relocation and installation of Coniferous Trees as included within the site plan., .
May 11, 2015
VOTE AS FOLLOWS:
Gerald Caward, Jr. – Aye
Norman L. Davidson – Aye
Al Fiorille - Aye
Larry Sharpsteen – Aye
Deborah Trumbull - Aye
Thomas Ellis – Aye
Public Hearing- SEQR & Preliminary Plat Approval, 28 Lot Subdivision,
known as Whispering Pines Phase VI, in addition, Site Plan & Final Plat
Approval for a Flag Lot, known as Section 1A of such Preliminary Plat
Applicant: Richard B. Thaler, Tax Parcel # 40.-3-2.12 & 40.-3-2.2
Thomas Ellis, Chairman gave a brief update of the December 2014 Meeting where the
Thaler’s appeared before the Board requesting an approval for a Flag lot. At that time,
Mr. Ellis states the Board requested that their Engineer provide further Stormwater
information on the upper section and show the entire build out.
Norman (Lin) Davidson made a motion to open the Public Hearing at 6:48 P.M.
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) Larry Sharpsteen, Member
Vote of Planning Board . . . (Aye) Deborah Trumbull, Member
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Vote of Planning Board . . . (Aye) Thomas Ellis, Member
Larry Fabbroni Sr. P.E. for The Thaler’s presented the following proposal:
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Further Discussion
Larry Fabbroni states the Board previously requested that a full build out be completed
and that is just what he did. Mr. Fabbroni is requesting Preliminary approval of the
entire project. He would like to move forward with final approval of the Flag Lot.
David Herrick offered the following comment via email;
I have a “Site Plan” dated 4-9-15 that was provided to me by Larry which shows the location of a
bioretention stormwater practice for Lot 7. Do you also have that plan? If so, you’ll see that the
filter (oval shape) will potentially overflow onto Lot 27. This is not necessarily a negative issue
but Lot 7 should have an easement across Lot 27 to reach Gulf Creek so the current/future owner
of Lot 27 does not object to this drainage pattern.
Larry Fabbroni states adding an easement is not an unreasonable request. Mr. Fabbroni
states they will be proposing a Drainage District. The Board agreed Mr. Herrick’s
concerns will be a condition on the Final Plat.
Guy Krogh states since there is already an existing Drainage District for Whispering
Pines V, the boundaries of the existing district may be amended and unified as one
district.
Larry Fabbroni states they may want to have a new Drainage District because Mr.
Thaler took all the responsibility for the maintenance of Phase V. It would be awkward
to go back to the property owners and now start to charge fees for an expanded district.
What Mr. Fabbroni is proposing in the new Drainage District is to take over the
responsibility for the Community features of Phase V and the entire Phase VI.
Lynn Day, Zoning Officer states according to the Map presented, lots 4 & 5 do not
conform to the Town’s Zoning requirements for the required road frontage.
Board Members suggested that Mr. Fabbroni juggle the lots around to conform to the
Zoning requirements. If re-configuration can’t happen to meet Zoning Regulations,
Attorney Krogh states an Area Variance must be pursued.
Mr. Krogh explained to the Members how this “Flag Lot” will be considered a Section
for the approval process however it still will be considered a part of the entire
Subdivision for the overall approval.
The Tompkins County Planning Department offered the following formal
recommendation on the entire site;
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A discussion occurred with respect to the County’s formal buffer request. Board
Members felt the 100’ riparian buffer was excessive.
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The Planning Board agreed to establish a 100 foot setback from both sides of the banks
of the existing creek to restrict the development of new buildings, structures, ground
disturbances, septic systems and impermeable surfaces. The Planning Board also did
agree to permit stormwater practices, permeable surfaces and existing structures from a
50 foot setback from both sides of the existing creek banks.
Also, further conditions below should be added prior to final approval of the entire
Subdivision;
1. Lots # 1, 2, 4, 5 reconfigured to comply with the current Zoning requirements
2. Lot # 7 of Section 1 A requires a Basic SWPPP
3. Full SWPPP required for the entire Subdivision.
4. Lot # 7 requires a permanent stormwater drainage easement
5. Lot #27 requires a permanent stormwater drainage easement
Lynn Day suggested that on Lot #1, the Engineer- Mr. Fabbroni plot out where the
house and septic systems will be located due to both roads will be considered front
yards.
Larry Fabbroni, P.E. states he will be re-configuring Lot # 3 as he has area west to add
to the lots.
Gerald Caward made a motion to close the Public Hearing at 7:30 P.M. 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) 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 for the entire Subdivision.
Norman (Lin) Davidson 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
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Vote of Planning Board . . . (Aye) Norman (Lin) Davidson, Member
Vote of Planning Board . . . (Aye) Al Fiorille, Member
Vote of Planning Board . . . (Aye) Larry Sharpsteen, Member
Vote of Planning Board . . . (Aye) Deborah Trumbull, Member
Vote of Planning Board . . . (Nay) Thomas Ellis, Member
RESOLUTION PB 15-08
RESOLUTION OF THE TOWN OF LANSING PLANNING BOARD
ISSUING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE
RESPECTING THE STATE ENVIRONMENTAL QUALITY REVIEW (“SEQR”) OF
THE WHISPERING PINES
PHASE VI FINAL PLAT PHASE 1A– LOT #7
SITE PLAN AND SUBDIVISION
WHEREAS, after submission thereof, the Lansing Planning Board, on May 11, 2015,
reviewed a Subdivision Application submitted by Applicant Richard Thaler through
representative Lawrence Fabbroni, P.E. for a residential subdivision known as
Whispering Pines Phase VI of which the initial lot #7 considered is a 3.3 +/- acre parcel
with a flag lot of certain land, located at Warren Road, Lansing, New York and
otherwise known as a portion of Tax Map Parcel #40.-3-2.12 in the R1 Residential Low
Density Zoning District; and
WHERAS, the Town of Lansing Planning Board at the October 7, 2013 meeting did hold
a Sketch Plan Review agenda item that discussed approximately 30 total lot sub
division; and
WHEREAS, on October 28, 2013, the Planning Board did classify this proposal as a
“Major Subdivision” according to the Town of Lansing Subdivision Local Law, and
WHERAS, at a follow up meeting held on December 8, 2014, the Planning did discuss
the overall subdivision plan and the applicant did request that approval be given to Lot
#7 as a priority approval, the Planning Board requested the developer to submit the full
Preliminary Subdivision application; and
WHERAS, the applicant has formally submitted a completed preliminary subdivision
and stormwater prevention plan on March 19, 2015 for the entire 28 lot subdivision
proposed plan and has renewed the request to submit for the Planning Board’s
consideration, the site plan and subdivision approval for lot #7 as a Flag Lot, and
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WHEREAS, the flag lot parcel #7 driveway is in compliance with the 500 feet in length
Town of Lansing Subdivision Rules and Regulations Local Law #2 of 2008, Section 606
(E) of the Lansing land Use Ordinance; and
WHEREAS, on May 11, 2015, the Town of Lansing Planning Board made findings that
drainage and stormwater impacts referenced Town Engineer can be properly mitigated
by the procedures recommended in Town Engineer’s email dated May 5, 2015 set forth
above; and
WHEREAS, the Applicant has submitted a Short Form Environmental Assessment
Form (EAF) for the State Environmental Quality Review (SEQR) of the proposed
Whispering Pines Phase VI Subdivision, said review to be Uncoordinated Review
without declaration of Lead Agency; and
WHEREAS, the requisite General Municipal Law 239 Referrals of Article 12-8 referrals
were duly effected by the by the Town of Lansing Planning De partment; and their
Recommendation is contained in a letter dated April 24, 2015; and
WHEREAS, the Town of Lansing Planning Board duly noticed a public hearing on May
11, 2015, concerning the environmental review, pursuant to the State Environmental
Quality Review Act (“SEQRA”), of the proposed subdivision preliminary/final plat
application at Lansing Town Hall at 29 Auburn Road, Lansing, New York 14882, and, at
the public hearing on May 11, 2015, all citizens were given an opportunity to voice any
concerns respecting the environmental review and given a full opportunity to be heard
thereon; and
WHEREAS, on May 11, 2015, the Town of Lansing Planning Board, in performing its
reviewing Agency function in conducting an 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 Short Form Environmental Assessment Form (“EAF”) 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, on the record, the EAF, Part II on the
record (and reviewed and completed, if necessary, Part III of the EAF);
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
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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 review and 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 SEQRA for the above referenced proposed
action, and determines that an Environmental Impact Statement will not be required.
Dated: May 11, 2015
VOTE AS FOLLOWS:
Gerald Caward, Jr. – Aye
Al Fiorille, - Aye
Norman L. Davidson - Aye
Larry Sharpsteen, - Aye
Deborah Trumbull, - Aye
Thomas Ellis, - Nay
Larry Sharpsteen offered the following Resolution. 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) Larry Sharpsteen, Member
Vote of Planning Board . . . (Aye) Deborah Trumbull, Member
Vote of Planning Board . . . (Nay) Thomas Ellis, Member
RESOLUTION PB 15-09
TOWN OF LANSING PLANNING BOARD RESOLUTION APPROVING
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PRELIMINARY PLAT FOR WHISPERING PINES PHASE VI SUBDIVISION,
ISSUING A SITE PLAN APPROVAL FOR A FLAG LOT THEREIN, AND ISSUING
A FINAL PLAT APPROVAL FOR SECTION 1A OF SUCH PRELIMINARY PLAT
WHEREAS, Richard Thaler has requested Preliminary Plat and other approvals for the
proposed 28-lot proposed Whispering Pines Subdivision Phase VI, and the Town of
Lansing Planning Board duly noticed and held a Public Hearing on this proposed
preliminary plat and the requested approvals on May 11, 2015, and thereat did hear and
consider evidence and comments from residents of the community, the applicant, and
others; and
WHEREAS, the home owner/landowner of Lot #7 will complete a Basic SWPPP for the
immediately affected area of Lot #7 as a pre-condition to obtaining a building permit,
which SWPPP shall will include an drainage easement through the adjacent lot #27
parcel at a location to be approved by the Town Engineer and as granted by the
Developer; and
WHEREAS, the Town of Lansing Planning Board had considered this project under
SEQRA and duly issued a negative declaration of environmental significance; and
WHEREAS, the Town of Lansing Planning Board finds that agricultural or farm
operations will not be impacted by the project because there are no current or planned
farm operations on the project site; and
WHEREAS, the proposals under consideration, are to: (i) to consider, with or without
conditions, approving the Preliminary Plat; (ii) to consider approval of a site plan for
Lot #7 as it is a flag lot, which requires site plan approval; and if (i) and (ii) are duly
approved, then to (iii) waive Final Plat review for proposed section 1A of the
Preliminary Plat and issue a Final Plat approval for said Lot #7; and
WHEREAS, the Town Planning Board has considered and carefully reviewed the
requirements of the Town’s local laws and Land Use Ordinance relative to site plan
review and the unique needs of the Town due to the topography, the soil typ es and
distributions, and other natural and man-made features upon and surrounding the area
of the proposed Site Plan, and the Town has also considered the Town’s
Comprehensive Plan and compliance therewith; and the Town Planning Board has
further considered the processes and procedures for subdivision review and the
requirements for preliminary and final plat approvals; and
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WHEREAS, General Municipal Law §§ 239-l and 239-m referrals were sent to the
Tompkins County Planning Department by the Town of Lansing Planning
Department, and the Tompkins County Planning Department, by letter dated April
24, 2015, recommended that the Town require the designation and maintenance of a
100’ riparian buffer as measured from the edge of the stream banks on both sides of
Gulf Creek; and
WHEREAS, due consideration and deliberation by the Town of Lansing Planning
Board, and after consideration of any comments or information submitted by the
developer or the public at the public hearing, was duly had.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Preliminary Plat for the whole of Whispering Pines Phase VI be and hereby
is approved, subject to the following conditions being addressed or satisfied at or before
the time the Final Plat is submitted for review:
i. Final Plat approval is conditioned upon the preparation, review,
acceptance and approval of an approved “Full SWPPP” for the entire
subdivision, which Full SWPPP and which Final Plat shall each show and grant a
permanent stormwater drainage easement over Lot #27 in favor of Lot #7, and
otherwise provide for adequate access to all stormwater facilities.
ii. The Final Plat shall show the following buffering and no-build zones
around the riparian areas of Gulf Creek: (a) a 50’ linear no build zone, as
measured from the now existing creek bank line on both sides of Gulf Creek,
wherein no buildings, structures, or ground disturbances shall be permitted; and
(b) an additional 50’ buffer zone, out to 100’ as similarly measured from the creek
bank, wherein no buildings or septic systems or impermeable surfaces are
allowed, but within which stormwater facilities with permeable surfaces are
permitted.
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iii. The Final Plat shall show lots 1-5 reconfigured to show and cause
compliance with frontage, dimensional, and bulk requirements of the Town’s
Land Use Ordinance, including to maintain a minimum of 150’ of road frontage,
40,000 ft2 parcel sizes, and proper front yard set-backs for all lots, including the
double-frontage corner lot.
2. The Town of Lansing Planning Board does hereby further grant final site plan
approval for Lot #7, as a flag lot, as required by the Subdivision Local Law and the
Land Use Ordinance, subject to the following condition:
i. A Basic SWPPP shall be submitted and approved by the Lansing Highway
Department for such Lot #7 and Section 1A of the Preliminary Plat, prior to the
issuance of any building permits thereupon.
3. The Planning Board does hereby further waive final review and approval for the
Final Plat for section 1A of the Preliminary Plat for the Whispering Pines Phase VI
Subdivision, including pursuant to § 900 of the Subdivision Local Law, and the
proposed Final Plat map for such Section 1A as submitted to this meeting be and hereby
is approved and the Planning Board thus authorizes its Chairperson to certify and seal
such section 1A Final Plat upon formal presentment.
4. And it is duly noted that the Planning Board adhered to County Planning
recommendations that a 100’ buffer zone around Gulf Creek be mandated as a
condition for the Final Plat, but the Planning Board applied such condition to the
specific land in question and determined, due to slopes, the lack of riparian corridors in
many areas along such creek, and the need to provide for proper stormwater planning
and creek protection, that: (i) certain stormwater practices could and should be located
within such 100’ buffer if they are permeable, not expected to be inundated by creek
waters during storm events, and not within 50’ of the creek banks, including becaus e it
is a best practice to have the individual lot-based stormwater facilities located upon the
downslope side of each lot. Accordingly, while the Planning Board believes it has
materially complied with the recommendations of County Planning, the Planning
Board none-the-less required and obtained a super majority vote, as absolute
compliance with a blanket-rule 100’ buffer was not a adopted due to the need to protect
the creek and properly manage stormwater on this particular site. This explanation is
therefore considered a material finding and part of these Resolutions, this explanation
shall suffice as a reply to County Planning as required by the General Municipal Law,
and the Town Planning Department is respectfully requested to supply a copy of this
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resolution to County Planning in respect thereof and as a reply to County Planning with
respect to the implementation or non-implementation of their recommendations.
Dated: May 11, 2015
VOTE AS FOLLOWS:
Gerald Caward, Jr. – Aye
Norman L. Davidson -Aye
Al Fiorille, - Aye
Larry Sharpsteen, - Aye
Deborah Trumbull, - Aye
Thomas Ellis, - Nay
Cayuga Farms Multi-Family Residential Rental Townhomes Update Site
Plan Revisions, Applicant: WB Asset Management, LLC, North
Triphammer Road, Tax Parcel # 37.1-6-3.362
Timothy Buhl, P.E. for the project presented the following updated Map. In addition,
Mr. Buhl states he has changed the actual sewer layout design from a gravity sewer
with manholes to a pressure sewer.
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Al Fiorille inquired as to the proximity from the buildings to the creeks. Mr. Buhl states
the distance is 25 ‘. Chairman Ellis states this still is a 239 County Planning issue that
will need to be reviewed by the Board. Mr. Buhl clarified for the record they are
“ditches”, not streams.
Larry Sharpsteen states he feels the Town should do a test of the water in the rear
stream to obtain a baseline. Mr. Buhl states he has no problem with that.
Mr. Buhl is looking for preliminary approval subject to Stormwater finalization.
Guy Krogh advised Mr. Buhl there is no such thing as preliminary site plan approval.
It’s either approved with or without conditions.
Tim Buhl felt the Board should move forward with the SEQR process. Mr. Buhl states if
they are unable to mitigate the onsite Waste Water Treatment, the whole SEQR process
will need to be re-visited.
Mr. Krogh further states this really is in the hands of the DEC. Once they receive a
Permit for the Wastewater District, DEC will then look at it as socioeconomics or
physical impacts resulting from the district.
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According to Mr. Buhl this is a 2010 Design and has been set up under a 2010 Permit.
The State recently sent out a memo explaining the criteria for such projects that may fall
under the old Stormwater practices. The transition period for public comments on this
proposal has not ended yet.
The Planning Board Members felt Mr. Buhl should continue to move forward with the
project. Chairman Ellis advised Mr. Buhl to return in the near future with a brief
summary of the project.
Lynn Day, C.E.O Re: Car-Quest Building
Mr. Day advised the Board Members that the Occupants of the Car-Quest Building will
be leaving at the end of May and Mr. Day has someone interested in leasing the
building. The person would like to do Repair/Paint-Body Work as well as displaying
one (1) vehicle for resale. Mr. Day requested to know if the Planning Board would like
to have this person come before the Board as Mr. Day would not be able to place any
conditions on the actual Site Plan if he were complete the process in his Office.
Members agreed it would be in the best interest of the Town the Planning Board
reviewed the proposal.
Cell Tower Ordinance Update
The Town Board is in the process of approving an update Cell Tower Ordinance at a
future Town Board Meeting and Mr. Day states he knows the Planning Board has not
had the opportunity to review the proposed changes. There are some changes that he
does not agree with. Certain modifications to the existing Cell Tower should not involve
the Planning Board for Site Plan however, it is proposed to change. It was the
consensus of the Board that they would review the proposal at their next Meeting and
send any recommendations to the Town Board.
Planning Consultant-Mike Long’s Update
Mike Long presented the Members with the following update;
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Norman (Lin) Davidson made a motion to adjourn the Meeting at 9:10 P.M. 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) Larry Sharpsteen, Member
Vote of Planning Board . . . (Aye) Deborah Trumbull, Member
Vote of Planning Board . . . (Aye) Thomas Ellis, Member