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HomeMy WebLinkAbout04-24-23 PLANNING BOARD MINUTESTOWN OF LANSING PLANNING BOARD MEETING April 24, 2023 Lansing Town Hall, 29 Auburn Road Board members Present: Al Fiorille, Chair Thomas Butler Christine Hass John Licitra Larry Sharpsteen Dean Shea Deborah Trumbull Also Present: John Zepko, Director of Planning Chelsie Radcliffe -Denman, Planning Clerk Public Present: Kevin Kirby, Nathan Knapke, Shelly Uhl Stark, Thomas Kirby, Robert Moore. Jesse Young, Chris Koenig, Lisa Schultz, Becky K., Excused: Sandy Dennis -Conlon, Vice -Chair Laurie Hemmings Heather Dries, Code Enforcement Officer Joe Wetmore, Councilmember Andrew Sciarabba Jr., Scott Gibson, Frand and Lorraine Phillips, Lynne Sheldon, Albert Lacko, Jeannine Kirby, David Eashmar, Michael Herbster, Chair Al Fiorille opened the meeting at 6:30pm. Chair Al Fiorille enacted Alternate Christine Hass as a voting member in the absence of the regular voting member. Action Items: Proiect: Site Plan — Barksville Inn Applicant: Kevin Kirby, owner Location: 89 Goodman Rd, Tax Parcel Number 20.-1-8.22 Project Description: The applicant proposes to operate a kennel from their single-family home, located in the RA Zone. SEQR: This is an Unlisted action under SEQR 617.4 environmental review. Motion to Open the Public Hearing for 89 Goodman Rd at 6:41vm. Moved by: Dean Shea Seconded by: Deborah Trumbull (Motion Carried) Summary of Discussion: Page 1 of 8 • Kevin Kirby was present to discuss this project. • The Planning Board discussed the turn -around. • The applicant described his business practices and site layout. • Several members of the public were present to express their concerns. • The Director of Planning clarified several zoning questions that were raised. • The Planning Board has requested a solid vinyl or wood fence on the north and east sides to reduce noise. • There are concerns over the drainage on the site. • Some Planning Board members will arrange a site visit with the applicant. Motion to Close the Public Hearinu for 89 Goodman Rd at 7:31pm. Moved by: Larry Sharpsteen Seconded by: Dean Shea (Motion Carried) Project: Maior Subdivision — Phase I East Shore Circle Applicant: Jesse Young, owner Location: 106 East Shore Rd, Tax Parcel Number 37.1-7-12.2 Project Description: The applicant proposes to subdivide a —23 acre lot (TPN 37.1-7-12.2), in the R2 Zone, into 6 lots. SEQR: This is an Unlisted action under SEQR 617.4 environmental review. Summary of Discussion: • Jesse Young, Andy Sciarabba, and Scott Gibson were present to discuss this project. • The Planning Board discussed Stormwater Management on this project. • The Planning Board discussed the Unique Natural Area. They find that this project will not conflict with the UNA. • The Applicant gave an update regarding the trail easement offered to the Town Board. RESOLUTION PB 23-08 TOWN OF LANSING PLANNING BOARD RESOLUTION SUBDIVISION FINAL PLAT APPROVAL 106 EAST SHORE CIRCLE TAX PARCEL NO.37.1-7-12.2 WHEREAS, an application was made by Jesse Young for a major subdivision to divide an approximately 23 acre lot (TPN 37.1-7-12.2) located at 106 East Shore Circle into six lots. The parcel is in the R2 zone; and Page 2 of 8 80 WHEREAS, this is a proposed action reviewed under Town of Lansing Code§ 235 81 Subdivision, for which the respective completed applications were received October 82 25, 2022; and the Town reviewed and accepts as adequate: "East Shore Circle Major 83 Subdivision Phase I" sheets G-001, C101-C110 prepared by Andrew J. Sciarabba, PE 84 dated 01/25/2023, a Short Environmental Assessment Form (SEAF) Part 1 submitted 85 by the Applicant and Part 2 prepared by the Planning Staff, and other application 86 materials; and 87 88 WHEREAS, 6 NYCRR § 617 of the State Environmental Quality Review Act 89 ("SEQRA") requires that a Lead Agency be established for conducting environmental 90 review of projects in accordance with state environmental law and the Lead Agency 91 shall be that local agency which has primary responsibility for approving and funding 92 or carrying outthe action; and 93 94 WHEREAS, the Planning Board, being the local agency which has primary 95 responsibility for approving the action, did on February 27, 2023 classify the project 96 as an Unlisted Action and declare itself the Lead Agency for the environmental 97 review; and 98 99 WHEREAS, the Planning Board has considered and carefully reviewed the 100 requirements of the Town's local laws relative to subdivisions and the unique needs of 101 the Town due to the topography, soil types and distributions, and other natural and 102 man-made features upon and surrounding the area of the proposed subdivision, and 103 the Planning Board has also considered the Town's Comprehensive Plan and 104 compliance therewith and on 27 Feb 2023 issued a Negative Declaration of 105 Significance in accordance with the provisions of Part 617 of the SEQRA; and 106 WHEREAS, on 27 Feb 2023, the Planning Board reviewed and considered the 107 aforementioned subdivision application in the Lansing Town Hall, 29 Auburn Road, 108 Lansing, New York 14882 and duly held a public hearing on the Major subdivision 109 application, and all evidence and comments were considered, along and together with 110 the requirements of the Town's subdivision regulations, existing development in the 111 surrounding area, the public facilities and services available, the Town's 112 ComprehensivePlan and Land Use Ordinance, site characteristics and issues, and any 113 potential on- and off -site environmental impacts and on March 27, 2023 did approve 114 the preliminary subdivision plan; and 115 WHEREAS; Project plans, and related information, were duly delivered to the Tompkins 116 County Planning and Sustainability Department per General Municipal Law § 239; et seq., 117 and such Department responded in a letter dated April 11, 2023, from Katherine Borgella, Page 3 of 8 118 Tompkins County Commissioner of Planning, pursuant to §239 -1, -m, and -n of the New York 119 State General Municipal Law recommended the following modifications: 120 -We recommend that the Town require the applicant to identify building envelopes on 121 proposed lots 4 and 5 so as to exclude lands that contain UNA-63, Shurger Glen, so as to 122 not disturb the UNA. 123 • We recommend that the Town require the applicant to redesign the proposed permanent 124 stormwater management facilities so that elements of that system exclude lands that 125 contain UNA-63, Shurger Glen, so as to not disturb the 126 • If these recommended modifications are not possible, we recommend that the applicant 127 document that the factors contributing to the designation of UNA-63 were considered by 128 an experienced professional and elaborate on how the proposal will not negatively impact 129 the resources located within the UNA. 130 WHEREAS; The Planning Board, having carefully reviewed the submitted materials and the 131 materials delineating and describing UNA-63, provided by to the Tompkins County Planning 132 and Sustainability Department, has determined that the East Shore Circle Major Submission 133 will not impact the UNA for the following reasons: 134 Although the Tompkins County Planning and Sustainability Department has determined 135 that certain lots of the project may be included within the UNA, the Planning Board does not 136 concur with this assumption. The UNA Map itself states "UNA boundaries are approximate 137 and should be used for general planning purposes only. As a practical matter the County does 138 not warrant the accuracy or completeness of the information portrayed." The Planning Board 139 finds that the East Shore Circle Major Subdivision either entirely or substantially avoids the 140 boundaries of UNA -63. Additionally, given that UNA-63, Shurber Glen, was designated a 141 UNA because it was considered an area of geological importance, may contain a 142 cultural/historical/archeological site (in this case an old quarry relating the area to early central 143 NY plaster and cement industries), and the presence of rare or scarce plants, the Planning Board 144 believes the UNA boundary was most likely delineated the top of the steep slopes above the 145 Glen. The project avoids earth disturbance on these slopes and in the judgement of the 146 Planning Board will not disturb the geology, cultural/historical/archeological features, or rare or 147 scarce plant communities of UNA — 63. It has been further determined that the building 148 envelops provided by the applicant, representing setbacks imposed by the zoning, when taken 149 into consideration with the spatial requirements of onsite waste water treatment areas planned 150 for the subdivision, effectively prevent development on the steep portions of the site. As such, 151 the Planning Board has not required the modifications recommended by the Tompkins County 152 Planning and Sustainability Department per General Municipal Law § 239; et seq.; And 153 154 WHEREAS, upon due consideration and deliberation by the Town of Lansing 155 Planning Board; Page 4 of 8 156 NOW THEREFORE BE IT RESOLVED: that the Town of Lansing Planning Board 157 grants Final Subdivision Approval of the Application for a Major Subdivision of certain 158 land at 106 East Shore Drive, Lansing, New York, subject to the following 159 conditions: 160 161 1. The sealing and endorsement of such Major Subdivision Final Plat by the 162 PlanningBoard Chair, thereafter presenting and obtaining the signing of the Plat 163 by Tompkins County Assessment Department stamp followed by filing in the 164 Tompkins County Clerk's Office, followed by provision of proof of such filing 165 within the time limit requirements of 62 days with the Town of Lansing Code 166 Enforcement Office. 167 2. Prior to the signing of the subdivision maps, the driveways for lots 4 & 5 shall 168 be shown to be of sufficient width and provide sufficient access and turn around 169 for emergency vehicles as agreed upon by the Town of Lansing Code 170 Enforcement Officer. 171 3. Prior to the signing of the final subdivision map the project owner must comply 172 with all current and future recommendations of the Town's Engineer. 173 4. Prior to the signing of the final subdivision map the project must comply with 174 the recommendations of the Town's Engineer and SMO for any final stormwater 175 plans and the terms of the approved final Stormwater Pollution Prevention Plan 176 (SWPPP) for the developed site, and proper completion of all stormwater 177 reports, permits, and facilities in a form and manner as approved by the Town 178 and NYSDEC, including the creation and execution of a Drainage District (and 179 any supporting easements) is required to be submitted to the SMO. 180 5. The applicant will be required to obtain i) a Bolton Point water permit for a new 181 water service and meter to connect to the existing Consolidated Water District 182 Mains, and ii) a Tompkins County Health Department Onsite Wastewater 183 Treatment System (OWTS) permit. Both permits shall be obtained prior to 184 obtaining any building permit or Certificate of Occupancy ("CO"). 185 186 Dated: 24 April 2023 187 188 Motion by: Larry Sharpsteen 189 Seconded by: Tom Butler 190 191 VOTE AS FOLLOWS: 192 Tom Butler - Aye 193 Christine Hass - Aye 194 John Licitra - Aye Page 5 of 8 195 Larry Sharpsteen - Aye 196 Dean Shea - Aye 197 Deborah Trumbull - Aye 198 Al Fiorille - Aye 199 200 Protect: Sketch Plan — Lansing Communitv Solar 201 Applicant: Genie Solar Energy, sponsor 202 Location: Lansingville Road, Tax Parcel Number 16.4-19.2 203 Project Description: The applicant proposes to construct a 5 MW ground -mounted solar, 204 approximately 18 acres in size, on a 107.2 acre parcel in the RA zone. The project will be 205 subject to Town of Lansing code §270-27 site plan review, and §270-35 R. Solar Energy Facility 206 Special Conditions 207 SEQR: 208 209 Summary of Discussion: 210 • Nathan Knapke and Chris Koenig were present to discuss this project. 211 • The Planning Board requested that some of the plantings be completed in the first phase. 212 • The Planning Board requested that the applicant install a sign notifying the neighbors of 213 the public hearing scheduled for May 22, 2023. 214 215 RESOLUTION PB 23-09 216 STATE ENVIRONMENTAL QUALITY REVIEW RESOLUTION - 217 DECLARATION OF LEAD AGENCY — LANSING COMMUNITY SOLAR 218 SITE PLAN 219 WHEREAS, an application was made by Chris Koenig of C.T. MALE, for Genie Solar, 220 Owner, for site plan approval for a 5.0 megawatt AC solar farm off Lansing Road, on 221 approximately 18 acres of the 107.2+ acres owned by Turek Farms in the Town of 222 Lansing, New York, otherwise known as Tax Parcel 16.-1-19.2. The property is in the 223 RA — Rural Agricultural Zone; and 224 225 WHEREAS, 6 NYCRR § 617 of the State Environmental Quality Review Act 226 ("SEQRA") requires that a Lead Agency be established for conducting environmental 227 review of projects in accordance with local and state environmental law and the Lead 228 Agency shall be that local agency which has primary responsibility for approving and 229 funding or carrying out the action; and 230 231 WHEREAS, The Planning Board of the Town of Lansing is believed best suited to 232 review the impacts of this proposed Site Plan as (i) the Planning Board is the only 233 body with jurisdiction to review the Site Plan and issue the final Site Plan approval, 234 (ii) the Planning Board is best situate to understand and evaluate the potential unique 235 impacts of such Site Plan upon the Town based upon the developmental patterns, Page 6 of 8 topography, and unique natural and non -natural features of the Town of Lansing, including known streams, wetlands, UNAs, agricultural resources of value, and archeosensitive sites within or near the proposed Site Plan area, (iii) the Planning Board has the broadest governmental powers for investigating the potential or actual impacts of the Site Plan and implementing conditions or mitigating controls, and accordingly (iv) the Planning Board has the greatest capacity for providing the most thorough environmental assessment of the proposed Site Plan; and WHEREAS, this proposed action is a Type I Action, per 6 NYCRR 617.4 (b)(6)(i) for the purposes of conducting a coordinated environmental review pursuant to the State Environmental Quality Review Act ("SEQRA") ; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: That the Town of Lansing Planning Board does hereby declare itself Lead Agency for the coordinate environmental review for the action of site plan review. Dated: 24 April 2023 Motioned by: Dean Shea Seconded by: Larry Sharpsteen VOTE AS FOLLOWS: Tom Butler - Aye Christine Hass - Aye John Licitra - Aye Larry Sharpsteen - Aye Dean Shea - Aye Deborah Trumbull - Aye Al Fiorille - Aye Other Business • Planning Board members gave liaison reports for their respective committees. • Joe Wetmore asked for opinions on what the Planning Board would like the Code Revision Committee to consider. These were mentioned by board members and staff: o Lighting o Short -Term Rental o Buffers o Lake Shore Zone o Comprehensive Plan revision Page 7 of 8 277 Adiourned Meeting 278 Meeting adjourned at the call of the Planning Board Chair at 8:43pm. 279 280 Minutes Taken and Executed by Heather Dries. 281 282 Access to public documents are available online at: 283 Planning Board Email tolcodes60ansin2town.com 284 Town Website httus://www.lansin2town.com Page 8 of 8