HomeMy WebLinkAbout09-14-15 PB Minutes.pdf APPROVED
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Town of Lansing
Monday, September 14, 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
* Sandra Dennis Conlon, Alternate
Guy Krogh, Esq.
Other Staff
Lynn Day, Zoning Officer
Public Present
Edythe Conway Karin Sternberg
Dick Conway Carol Vineyard
Carolyn Sampson Maryanne Banks
Nancy Bellamy Maurine Linder
Andy Sciarabba Richard Banks
Tony Eisenhut Dave Schutz
Julie Eisenhut Lucinda Schutz
Lori Witt Ginny Olsen
Glenn Fletcher Kara Lombardi
Zach Shulman Guy DiCicco
Kathryn Dimiduk Martin Stallone
Other Business
Norman (Lin) Davidson, acting Chairman called the Planning Board Meeting to order
at 6:32 PM. Chairman Davidson enacted Sandra Dennis Conlon, Alternate Member as a
voting Member this evening.
APPROVED
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Mr. Davidson inquired if there were any questions or concerns from the Public with
items other then what were on the Agenda. There were none.
Lakewatch Community
Robert Schutz states residents from his community have again reviewed and discussed
the proposed development plan thus far and have determined it is unacceptable. Mr.
Schutz states it poses a serious threat to their community, quality of life and the public
safety in general. Mr. Schutz is requesting that the Planning Board reassess the plan
with respect to access.
Mike Long, Planning Consultant for the Town advised the public that he has scheduled
a community meeting to answers questions previously presented to the Planning Board.
The Meeting will be held in the Lansing Library, bottom floor on September 24, 2015 at
5:30 PM.
Marty Stallone states he believes the groups sole concern is one access in to the
community. As for Mr. Stallone his primary concern is child safety.
Karen Sternberg states she would like to present the following list of questions for the
Planning Board;
APPROVED
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In addition, Ms. Sternberg states she contacted the New York State Department of
Transportation and was advised that their Office has never denied access to Route 34
from this development.
APPROVED
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Larry Sharpsteen states approximately seven years ago when that property was under
consideration for development, the state specifically would not allow the developer to
have access on the state road simply because there is East Shore Circle, Waterwagon
Road and East Lake Road all within a short distance. The State wanted the access
shared but no one would budge.
Approval/Denial of August 24, 2015 Planning Board Minutes
Larry Sharpsteen made a motion to approve as presented. Sandra Dennis Conlon
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) Sandra Dennis Conlon, Alternate
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) Norman (Lin) Davidson, Member
Public Hearing Consideration of Site Plan and SEQR Review of an
Application made by Agent, Andrew Sciarabba for Anthony & Juliana
Eisenhut, of 15 Dandyview Heights , Tax Parcel # 25.-1-7.4 for a proposed
four (4) acre Flag Lot.
Anthony & Juliana Eisenhut of 15 Dandyview Heights , Tax Parcel # 25.-1-7.4 are
requesting an approval for a four (4) acre Flag Lot.
Richard Prybyl made a motion to open the Public Hearing. 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) Sandra Dennis Conlon, Alternate
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) Norman (Lin) Davidson, Member
Public/Member Comments
Richard Wawak states he is in support of the Eisenhut proposal.
Fire Chief Purcell offered the following comments;
APPROVED
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The driveway requirements for the proposed house at 11 Dandyview Heights should at least
meet the minimum requirements of the fire code for New York State, section 511 of the fire
code if the driveway is going be about 500 feet or longer.
The driveway should be at least 12 feet wide and have an unobstructed height of 13 feet 6
inches and should be built to support fire apparatus in all weather conditions.
There should be a turnaround near the end that would be suitable to turn around fire
apparatus.
There should be at least one turnout somewhere in the middle of the driveway where the
driveway would be widened to at least 20 feet and be at least 50 feet in length. This part can be
eliminated if they want to build the whole driveway at least 20 feet wide.
A brief discussion with regards to any future construction on the private drive that it be
constructed to the Town of Lansing Road Specs.
It is the consensus of Planning Board Members to waive the requirement for the
driveway over 500 ft.
APPROVED
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APPROVED
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Larry Sharpsteen made a motion to close the Public Hearing. 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) Sandra Dennis Conlon, Alternate
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) Norman (Lin) Davidson, Member
Planning Board Members reviewed Part I of the LEAF and completed part II.
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) Sandra Dennis Conlon, Alternate
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) Norman (Lin) Davidson, Member
RESOLUTION PB 15-19
RESOLUTION OF THE TOWN OF LANSING PLANNING BOARD ISSUING A
NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE FOR
ANTHONY & JULIANA EISENHUT SUBDIVISION AND SITE PLAN
WHEREAS, the Lansing Planning Board on September 14, 2015, reviewed a Preliminary
Plat Subdivision Application and related Site Plan for a (1) flag lot subdivision, as
submitted by Applicant Andy Sciarabba agent for Anthony and Juliana Eisenhut, for a
residential subdivision at 15 Dandyview Heights, being upon Tax Map Parcel #25.-1-
7.4, in the R2 – Residential Moderate Density Zoning District; and
WHEREAS, the Town of Lansing Planning Board had previously conducted a sketch
plan meeting at its August 10, 2015 meeting, and therein discussed and provided advice
about the proposed subdivision, then being 2 flag lots with 30 foot access drive from
Dandyview Heights, with a 500+ foot driveway, classifying this proposal as a one-lot
minor subdivision under the Town’s Subdivision Local Law, and the submission of a
APPROVED
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Final Plat, SEQRA materials, and stormwater information to allow for a full site plan
and subdivision review; and
WHEREAS, on August 3, 2015, the applicant formally submitted a completed
preliminary subdivision and site plan application, including SEQRA and proposed
stormwater prevention plans, and the Planning Board, as the sole involved agency has
classified the action as an Unlisted Action for Uncoordinated Review; and
WHEREAS, General Municipal Law § 239 referrals are not required for this proposed
action; and
WHEREAS, the Town of Lansing Planning Board duly noticed a public hearing for
September 14, 2015 concerning the project and its environmental review, and such
public hearing was duly held at the Lansing Town Hall, 29 Auburn Road, Lansing, New
York 14882, and at the public hearing all persons were given a full opportunity to be
heard and present evidence in respect of these matters; and
WHEREAS, the Town of Lansing Planning Board, in performing its reviewing agency
functions in conducting an environmental review in accordance with Article 8 of the
New York State Environmental Conservation Law and SEQRA: (i) pursued its thorough
review of the project and the Applicant’s completed SEAF, as well as a review of all
other documents prepared and submitted with respect to this proposed action; and (ii)
thoroughly analyzed the potential relevant areas of environmental concern of the
project to determine if the proposed action may have any moderate or significant
adverse impacts on the environment, including the criteria identified in 6 NYCRR
Section 617.7(c); and (iii) reviewed the SEAF on the record; and
WHEREAS, each identified potential environmental impact was analyzed and duly
considered by the Planning Board in relation to the question of whether any potential
environmental impacts were so probable of occurring or so significant as to require a
positive declaration, and after weighing the above and all other potential impacts
arising from or in connection with this project, and after also considering: (i) the
probability of each potential impact occurring; (ii) the duration of each potential impact;
(iii) the irreversibility of each potential impact, including permanently lost resources of
value; (iv) whether each potential impact can or will be controlled or mitigated by
permitting or other 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 impact to be or be likely to
become a moderate or significant impact such that a negative declaration will be issued.
APPROVED
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NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. After consideration of the potential environmental impacts, including those
reviewed in accord with 6 NYCRR § 617.7(c), the Planning Board finds that the
proposed actions of waiving certain flag lot requirements, issuing a site plan approval
for a flag lot one-lot subdivision, and approving the Final Plat for this one-lot
subdivision at 15 Dandyview Heights, Lansing, New York, will individually and
cumulatively have no moderate or significant negative environmental consequences or
impacts.
2. This declaration is made in accord with Article 8 of the New York State
Environmental Conservation Law and SEQRA, and the Regulations promulgated
thereunder, and accordingly, the Planning Board of the Town of Lansing, based upon:
(i) its thorough review of the SEAF, 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 to determine
if the proposed action may have any moderate or significant adverse impact on the
environment, including, but not limited to, the criteria identified in 6 NYCRR § 617.7(c);
and (iii) its completion of the SEAF, including the findings noted therein (if any, and
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 actions, and determines
that an Environmental Impact Statement is therefore not required.
3. A Responsible Officer of the Planning Board 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 SEAF and determination of significance shall be incorporated by reference in this
Resolution
Dated: September 14, 2015
VOTE AS FOLLOWS:
Gerald Caward, Jr. – Aye
Sandra Dennis Conlon - Aye
Al Fiorille - Aye
Richard Prybyl - Aye
Larry Sharpsteen - Aye
Deborah Trumbull - Aye
Norman L. Davidson – Aye
APPROVED
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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) Sandra Dennis Conlon, Alternate
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) Norman (Lin) Davidson, Member
RESOLUTION PB 15-20
TOWN OF LANSING PLANNING BOARD RESOLUTION APPROVING
PRELIMINARY PLAT FOR ANTHONY & JULIANA EISENHUT SUBDIVISION,
ISSUING A SITE PLAN APPROVAL FOR A FLAG LOT THEREIN, AND ISSUING
WAIVERS FOR FLAG LOT AND SHARED DRIVEWAY REQUIREMENTS AND
ISSUEING A FINAL PLAT APPROVAL FOR 15 DANDYVIEW HEIGHTS
WHEREAS, Andy Sciarabba on behalf of Anthony and Juliana Eisenhut has requested
Preliminary Plat and other approvals for the proposed one (1) Flag Lot Subdivision , and
the Town of Lansing Planning Board duly noticed and held a Public Hearing on this
proposed preliminary and final plat and the requested approvals on September 14,
2015, and thereat did hear and consider evidence and comments from residents of the
community, the applicant, and others; 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 the parcel is currently
within the Agricultural District, however 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 waive flag lot requirements
pertaining to the length of the flag lot and shared driveways pursuant to Article 9 of the
Subdivision Local Law; and (iii) consider approval of a site plan for such flag lot; and if
each of items (i) through (iii) are duly approved, then to waive Final Plat review for the
proposed Preliminary Plat and issue a Final Plat approval; and
APPROVED
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WHEREAS, the Town’s Subdivision Local Law at §§ 606(E) and 702(N) recites that flag
lots may not have a driveway over 500’ long and that shared driveways are not
permitted, and under and pursuant to § 900, and pursuant to specific standards, the
Planning Board is authorized to waive these requirements; and
WHEREAS, the parcel is located within the R2 – Residential – Moderate Density Zone
which meets the Flag Lots minimum existing area and setback requirements; 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 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 the Town Planning Board has
further considered the processes and procedures for subdivision review and the
requirements for preliminary and final plat approvals; and
WHEREAS, General Municipal Law §§ 239-l and 239-m referrals are not required for this one-
lot subdivision; and
WHEREAS, upon due consideration and deliberation by the Town of Lansing Planning Board,
and after consideration of any comments or information submitted by the owner(s) or the public
at the public hearing, the Planning Board did adopt the following resolutions.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Planning Board has evaluated the requests and hereby waives the
requirements of § 606(E) and §702(N) and will allow a flag lot driveway to be over 500’
long and to be a shared driveway, and pursuant to §§ 900 and 901, which authorize
such waivers, the Planning Board expressly finds as follows: (i) granting the waiver
would be keeping with the intent and spirit of the Subdivision Local Law as a full
review has occurred, the emplacement of 2 lots on a 41+ acre parcel is not problematic,
the location and type of home proposed and lot size is consistent with what exists in
APPROVED
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such area and neighborhoods in the Town, and the topography of the area is unique
due to the lake, gorges, and the shape of the existing lot which requires a long
driveway, and the Planning Board finds that using an existing driveway as opposed to
encouraging land disturbance adjacent to a steep slope abutting Cayuga Lake is a
positive goal; and (ii) the Planning Board has examined and found no adverse effect
upon the character, appearance, or welfare of any neighborhood or the environment;
and (iii) the Planning Board has examined and found that there are special
circumstances involved in the particular case; and (iv) the Planning Board has found
and determined that denying the waiver would result in undue hardship, mainly due to
the shape and topography of the lot, and the Planning Board further finds that such
hardship has not been self-imposed; and (v) the Planning Board finds that these two
waivers, with the conditions stated below, are and constitute the minimum necessary
degree of variation from the requirements of the Subdivision Local Law as are needed
to alleviate this particular hardship and problem.
2. The Town of Lansing Planning Board does hereby further grant final site plan
approval as a flag lot, as required by the Subdivision Local Law and the Land Use
Ordinance, and adopts as its site plan conditions the conditions stated below for the
Final Plat approval.
3. The Planning Board waives requirements for a Final Plat review under § 900 and
as this is a one-lot subdivision for which accelerated review is expressly allowed per §
503, and hereby also issues a Final Plat approval.
4. The Preliminary Plat for 15 Dandyview Heights 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 endorsement, sealing and filing:
i. A driveway access agreement and easement shall be noted as required upon the Final Plat as
follows: “Approval of Building Permit and Final Subdivision Plat conditioned upon and subject to the
recordation of a suitable joint use driveway agreement and easement, in a form as reasonably
approved by the Town, to ensure continued rights of access to both parcels along the existing
driveway shown upon the Final Plat.”
ii. A condition shall be stated upon the Final Plat noting that: “The Deed conveying the newly
created lot shall be subject to a right of reversion as to its driveway area as set forth in the Planning
Board resolution approving the Final Plat.” Such condition is as follows: that the Deed transferring
title to the newly created lot shall contain a right of reversion affecting the driveway portion of the
flag lot, in a form as reasonably approved by the Town, to recite that, in the event that a suitable
public or private road is ever built in and along the approximate location of the existing driveway,
then and in such event the title to the entirety of the 60’ strip (the “flagpole”) shall revert to
APPROVED
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Eisenhut, or their successors or assigns, for such roadway purposes and the new subdivided lot shall
relocate its driveway to directly access such new public or private road. In all cases such public or
private road, to trigger a right of reversion, shall meet the minimum requirements of Town Law §
280-a.
iii. The Final Plat shall show compliance frontage, dimensional, and bulk requirements of the
Town’s Land Use Ordinance, including a minimum of 30’ of road frontage for each parcel, 60,000 ft2
parcel sizes, and proper front yard set-backs for all lots.
4. The plat map as submitted to this meeting be and hereby is approved and upon
formal presentment of a Final Plat conforming to these resolutions the Planning Board
Chairperson may certify and seal the Final Plat in accord with law, and thereafter the
Developer shall file such Final Plat with the Tompkins County Assessment Department
and Clerk’s Offices and cause a copy thereof, with the County Clerk’s Filing Receipts
attached, to be returned to the Town.
Dated: September 14, 2015
VOTE AS FOLLOWS:
Gerald Caward, Jr. – Aye
Sandra Dennis Conlon -Aye
Al Fiorille - Aye
Richard Prybyl – Aye
Larry Sharpsteen - Aye
Deborah Trumbull - Aye
Norman L. Davidson – Aye
Consideration of Site Plan & SEQR Review an Application made by
Edythe Conway, of 425 Lansing Station Road , Tax Parcel # 14.-2-59.2 for
a proposed two (2) Flag Subdivision.
The applicant, Edythe D. Conway, is requesting a Minor subdivision and site plan
approval to create (2) Flag Lots be located at 425 Lansing Station Road, Tax Parcel # 14.-
2-59.2 , L1 Lakeshore Zone. The parcel currently has two complete structures on the site
and no further construction is anticipated. The purpose of this subdivision request is
for estate planning purposes for successive generations to continue to utilize these
waterfront properties.
APPROVED
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Larry Sharpsteen made a motion to open the Public Hearing. 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) Sandra Dennis Conlon, Alternate
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) Norman (Lin) Davidson, Member
APPROVED
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APPROVED
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Public /Member Comments
Mike Long, Planning Consultant states the proposal that is before this Board is solely to
facilitate a real estate transaction.
A brief discussion with respect to the railroad giving the Conway’s permission to cross
their tracks were discussed and it was the consensus of the Board to request a copy of
the page from the Conway’s deed where it indicates such.
Larry Sharpsteen made a motion to close the Public Hearing. 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) Sandra Dennis Conlon, Alternate
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) Norman (Lin) Davidson, Member
Planning Board Members reviewed Part I of the LEAF and completed part II.
Richard Prybyl 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) Sandra Dennis Conlon, Alternate
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) Norman (Lin) Davidson, Member
RESOLUTION PB 15-21
RESOLUTION ISSUING A NEGATIVE DECLARATION OF ENVIRONMENTAL
SIGNIFICANCE FOR EDYTHE D. CONWAY SUBDIVISION AND SITE PLAN
WHEREAS, the Lansing Planning Board, on September 14, 2015, reviewed a
subdivision application and related preliminary plat and site plan for a one-lot minor
subdivision that would create two flag lots, as submitted by Applicant Edythe D.
Conway, for a residential subdivision known as Edythe D. Conway Subdivision,
APPROVED
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located at 425 Lansing Station Road, Lansing, New York, Tax Map Parcel #14 -2-59.2 (a
1.494± acres), located in the L1 - Lakeshore Zoning District; and
WHEREAS, the Town of Lansing Planning Board had previously: (i) conducted a sketch
plan meeting at its August 10, 2015 meeting, and therein discussed and provided advice
about the proposed subdivision, and duly classifying this proposal as a “Minor
Subdivision” according to the Town of Lansing Subdivision Local Law; (iii) reviewed
and discussed a preliminary plat, the overall subdivision plan, the flag lot requirements,
the need for subdivision waivers, and the submission of a full final preliminary plat,
and the environmental review process under SEQRA, among other matters; and
WHEREAS, the applicant formally submitted a completed preliminary subdivision and
site plan application, including an EAF, and the Planning Board, as the sole involved
agency has classified the action as an “Unlisted Action” for uncoordinated review; and
WHEREAS, the applicant also submitted a proposed preliminary and final plat, and
such applicant has requested formal approval of this subdivision and its flag lots, and
the Planning Board did re-examine such request given compliance with the
requirements discussed at the Sketch Plan meeting; and
WHEREAS, the action under consideration is the approval of a minor subdivision
preliminary plat and final plat, the waiver of a formal final plat review per §§ 503 and
901, the approval of flag lot and shared driveway waivers, the approval of a site plan
for flag lots, and the issuance of a conditional final plat approval; and
WHEREAS, after due and proper notice thereof, the Town of Lansing Planning Board
duly conducted a concurrent public hearing on September 14, 2015, concerning this
subdivision and site plan, and the environmental review thereof, at the Lansing Town
Hall, 29 Auburn Road, Lansing, New York 14882, and at the public hearing all citizens
were given an opportunity to voice any concerns respecting the action or its
environmental review, and all present were given a full opportunity to be heard
concerning the same; and
WHEREAS, on September 14, 2015, the Town of Lansing Planning Board, in performing
its reviewing agency functions in conducting an environmental review in accordance
with Article 8 of the New York State Environmental Conservation Law and SEQRA: (i)
pursued its thorough review of the project and the Applicant’s completed SEAF, as well
as a review of all other documents prepared and submitted with respect to this
proposed action; and (ii) thoroughly analyzed the potential relevant areas of
environmental concern of the project to determine if the proposed action may have any
APPROVED
18
moderate or significant adverse impacts on the environment, including the criteria
identified in 6 NYCRR Section 617.7(c); and (iii) reviewed the SEAF on the record; and
WHEREAS, each identified potential environmental impact was analyzed and duly
considered by the Planning Board in relation to the question of whether any potential
environmental impacts were so probable of occurring or so significant as to require a
positive declaration, and after weighing the above and all other potential impacts
arising from or in connection with this project, and after also considering: (i) the
probability of each potential impact occurring; (ii) the duration of each potential impact;
(iii) the irreversibility of each potential impact, including permanently lost resources of
value; (iv) whether each potential impact can or will be controlled or mitigated by
permitting or other 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 impact to be or be likely to
become a moderate or significant impact such that a negative declaration will be issued.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. After consideration of the potential environmental impacts, including those
reviewed in accord with 6 NYCRR § 617.7(c), the Planning Board finds that the
proposed action of approving the Preliminary Subdivision Plat, its related site plan for
425 Lansing Station Road, Lansing, NY, the required waivers, and approving a
conditional Final Subdivision Plat, will individually or cumulatively have no moderate
or significant negative environmental consequences or impacts.
2. This declaration is made in accord with Article 8 of the New York State
Environmental Conservation Law and SEQRA, and the Regulations promulgated
thereunder, and accordingly, the Planning Board of the Town of Lansing, based upon:
(i) its thorough review of the SEAF, 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 to determine
if the proposed action may have any moderate or significant adverse impact on the
environment, including, but not limited to, the criteria identified in 6 NYCRR § 617.7(c);
and (iii) its completion of the SEAF, including the findings noted therein (if any, and
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 actions, and determines
that an Environmental Impact Statement is therefore not required.
APPROVED
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3. A Responsible Officer of the Planning Board 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 SEAF and determination of significance shall be incorporated by reference in this
Resolution
Dated: September 14, 2015
VOTE AS FOLLOWS:
Gerald Caward, Jr. – Aye
Sandra Dennis Conlon - Aye
Al Fiorille - Aye
Richard Prybyl - Aye
Larry Sharpsteen - Aye
Deborah Trumbull - Aye
Norman L. Davidson – Aye
Larry Sharpsteen stated for the record, since this is a sensitive lake front property the reason for
the negative declaration was because the questions were not applicable. Changes to the land and
buildings are already in place. This is for a real estate transaction only.
Larry Sharpsteen offered the following Resolution. Gerald Caward 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) Sandra Dennis Conlon, Alternate
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) Norman (Lin) Davidson, Member
RESOLUTION PB 15-22
RESOLUTION APPROVING PRELIMINARY PLAT FOR EDYTHE D. CONWAY
SUBDIVISION, ISSUING A SITE PLAN APPROVAL FOR FLAG LOTS THEREIN,
AND ISSUING A FINAL PLAT APPROVAL FOR 425 LANSING STATION ROAD
WHEREAS, Edythe D. Conway has requested Preliminary Plat and other approvals for
a proposed two-lot subdivision containing flag lots, and the Town of Lansing Planning
Board duly noticed and held a Public Hearing on this proposed preliminary plat and
the requested waivers and approvals on September 14, 2015, and thereat did hear and
consider evidence and comments from residents of the community, the applicant, and
APPROVED
20
others; 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, General Municipal Law §§ 239-l and 239-m referrals were not required by the
Tompkins County Planning Department; 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
flag lots, which requires site plan approval; and if (i) and (ii) are duly approved, then to
(iii) waive Final Plat review for the proposed Preliminary Plat and issue a Final Plat
approval; and
WHEREAS, the Town of Lansing Subdivision Rules and Regulations under Section
606(D) states that no more than 2 contiguous Flag Lots may be allowed and there
currently is one flag lot already adjacent to the proposed two-lot subdivision, and since
each lot hereby created would be a flag lot as well, 3 contiguous flag lots would violate
the rule of § 606(D), which rule may be waived per § 901 by the Planning Board in
appropriate cases subject to the making of specific findings; and
WHEREAS, due to the lakeshore, the topography, and the location of the railroad, the
applicant also needs a similar waiver under § 901 for § 702(N) in that the two
subdivided parcels will need to share a common driveway; and
WHEREAS, the parcel is located within the L1 – Lakeshore Zone, which allows smaller
minimum lot sizes due to the close proximity to Cayuga Lake, and Lansing Station
Road has been developed at a higher density level over a long period of time; and
WHEREAS, this proposed subdivision is for an existing parcel with two houses already
constructed, and there is not any additional building or development contemplated at
this time, such that not only are there no changes on the ground but there are also no
ground disturbances as require any stormwater review; and
APPROVED
21
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 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 the processes and procedures for
subdivision review and the requirements for preliminary and final plat approvals; and
WHEREAS, upon due consideration and deliberation by the Town of Lansing Planning
Board, and after consideration of any comments or information submitted by the
owner(s) or the public at the public hearing held on September 14, 2015,
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Planning Board has evaluated the request and waives the following
requirements of the Subdivision Local Law: (i) Section 606(D), so as to permit and allow
three contiguous flag lots along this portion of Lansing Station Road ; and (ii) Section
702(N), to permit and allow for a shared-use driveway. In connection with such
waivers, and as required by the Subdivision Local Law, the Planning Board has
evaluated these waivers pursuant to §§ 900 and 901 and expressly finds as follows: (i)
granting the waivers would be keeping with the intent and spirit of the Subdivision
Local Law as a full review has occurred, the division of these two lots from the single
exiting lot is consistent with the zoning requirement of one primary dwelling unit per
parcel, and further does not change anything in the neighborhood as such houses and
improvements are already existing; (ii) such change is not problematic for this
neighborhood as the location and types of homes on these lots are consistent with what
already exists in such area, and the topography of the area is unique due to the
lakeshore and the limited access way and access points due to having to cross a
railroad; (iii) the existing driveway which has a railway crossing, and the difficulty of
the topography and difficult of creating yet another railway crossing, mitigate in favor
of a shared driveway; (iv) this shared driveway creates no neighborhood change as both
houses already, and for years, have been sharing such driveway; (v) the Planning Board
has examined and found no adverse effect upon the character, appearance, or welfare of
any neighborhood or the environment; (vi) the Planning Board has examined and found
that there are special circumstances involved in this particular case; (vii) the Planning
Board has found and determined that denying the waiver would result in undue
hardship, mainly due to the shape and topography of the lot, and the Planning Board
further finds that such hardship has not been self-imposed; and (viii) the Planning
APPROVED
22
Board finds that these two waivers, with the conditions stated below, are and constitute
the minimum necessary degree of variation from the requirements of the Subdivision
Local Law as are needed to alleviate this particular hardship and problem.
2. The Town of Lansing Planning Board does hereby further grant final site plan
approval for such flag lots, as required by the Subdivision Local Law and the Land Use
Ordinance, and adopts as its site plan conditions the conditions stated below for the
Final Plat approval.
3. The Planning Board waives requirements for a Final Plat review under § 900 and
as this is a one-lot subdivision, for which accelerated review is expressly allowed per §
503, and hereby also issues a Final Plat approval.
4. The Preliminary Plat for 425 Lansing Station Road 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 endorsement and sealing:
a. Approval by the Planning Board of the form of a shared driveway use and maintenance
agreement, whereby each parcel grants to the other an appurtenant easement and right-of-way
securing access to each parcel, which agreement shall be referenced upon the Final Plat, and
which such agreement shall be filed with the Town of Lansing Planning Board and Tompkins
County Assessment Department, and filed and recorded as a land record in the Liber of Deeds
with the Tompkins County Clerk’s Office.
b. The applicant will provide a copy to the planning office for the files of the existing deed which
provides R.O.W. access across the railroad tracks.
c. Final Plat approval is conditioned upon such Final Plat showing continued compliance with
frontage, dimensional, and bulk requirements of the Town’s Land Use Ordinance, including a
minimum of 30’ of road frontage, 30,000 ft2 minimum parcel sizes, and proper front and yard
set-backs for both lots.
5. The plat map as submitted to this meeting be and hereby is approved, and upon
formal presentment of a Final Plat conforming to these resolutions the Planning Board
Chairperson may certify and seal the Final Plat in accord with law, and thereafter the
Developer shall file such Final Plat with the Tompkins County Assessment Department
and Clerk’s Offices and cause a copy thereof, with the County Clerk’s Filing Receipts
attached for both the Final Plat and the driveway agreement, to be returned to the
Town.
Dated: September 14, 2015
APPROVED
23
VOTE AS FOLLOWS:
Gerald Caward, Jr. – Aye
Sandra Dennis Conlon - Aye
Al Fiorille - Aye
Richard Prybyl – Aye
Larry Sharpsteen - Aye
Deborah Trumbull – Aye
Norman L. Davidson – Aye
Mike Long, A.I.C.P, Planning Consultant Update for September 14, 2015
Novalane – Jack Young
o Preliminary Plat subdivision plan with turn around extension of Smugglers Path.
o SEQR – classified as an “Unlisted Action” and will have resolutions available.
o Public Hearing opened Feb 9th for the “Flag Lots” – still open.
o Storm Water Plan SWPPP reviewed by TG Miller, letter dated Jan 26, 2015 of
issues, revisions currently underway
o Site meeting to walk future Smugglers Path road extension – 5/7/2015 –
o Request for 1 lot subdivision as an interim step before the entire subdivision is
completed – Sept 28, 2015.
o Preliminary and Final Plat approvals. TBD
West view Partners, Boris Simkin – Major Subdivision – 4 Lots.
o Designated a Major subdivision (4 lots and ROW issues) – phase plan completed
by T.G. Miller with ROW access and future roads included (drawing dated
12/15/2015).
o Revised Subdivision Plan - submitted to TG Miller Storm Water Plan for 4 lots.
o Revised 239 Review from County – response 50 foot buffer 3/30/2015
o SWPPP plan reviewed by TG Miller, recommended changes, Meeting held on
4/8/2015 – still waiting on revisions.
o Field work completed 9/4/29015 with Dave Herrick on site.
o Public Hearing date – TBD after storm water plan revisions…
Whispering Pines VI – Subdivision 28 lots - Richard Thaler
o Revised Plans being developed by engineer. (submitted 3/26/2015)
o 239 Review from Tomkins County – letter dated 4/24/2015 with 100 foot setback
from stream bank.
o Storm Water Review – T.G. Miller currently underway – Lot #7 ok with drainage
easement. Balance of site still being reviewed.
APPROVED
24
o Water District Extension –Town Board Public Hearing held 4/15/2015 with Town
Board Approval completed.
o Lot #7 – Treat as VI - #1A – Flag Lot public hearing 5/11/2015 and requesting
Final Plat / SEQR approval and site plan approval 5/11/2015 meeting.
o Public Hearing – Completed May 11, 2015 – SEQR and Preliminary Plat
Subdivision approved.
o SEQR / Preliminary Platt / Final Platt
Forest Circle Drive – Major subdivision of 17 lots.
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 Revisions are being made to the SWPPP materials.
o Revised plan should remove flag lot condition as per Engineer Tim Buhl
o Required Public Hearing – establish date….
Ag Plan – Follow up meeting – finalize report meeting June 1, 2015
o Joint Planning Board and Town Board meeting held– June 22, 2015
o Town Board Public Hearing Meeting – July 15, 2015
o Town Board establishes 2nd Public Hearing for Sept. 16, 2015
Eisenhut Subdivision / (Sciarabba) Flag Lot - Minor subdivision (2 parcels).
o Sketch Plan review (Aug 10, 2015).
o Planning Board waiver for length of driveway over 500 feet and waiver for shared
drive)
o Public Hearing required – Sept 14th meeting.
Conway Subdivision ( Lansing Station) Flag Lot – Minor subdivision (2 parcels)
o Sketch Plan Review (Aug 10, 2015).
o Planning Board waiver required for 3 continuous flag lots
o Public Hearing required – Sept. 14th meeting.
Comprehensive Plan – Wed. October 14 2015 at 7:00 PM
Other Business
Lynn Day, Zoning Officer states the Comprehensive Committee has changed the
Zoning Map that was approved back last year between the Planning Board and the
Town Board. Mr. Long explained that the Map was based on current “Land Uses”.
Mr. Caward states there was two Town Board Members present at the Meeting and
APPROVED
25
they clearly stated the Map is just a recommendation from the Comprehensive Plan. A
future joint Meeting will be held to discuss any changes prior to finalization.
Normal (Lin) Davidson made a motion to adjourn the Meeting at 7:40 PM. 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) Sandra Dennis Conlon, Alternate
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) Thomas Ellis, Member