HomeMy WebLinkAbout2023-04-19
April 19, 2023
1
REGULAR TOWN BOARD MEETING
April 19, 2023
A Regular Meeting of the Lansing Town Board was held at the Town Hall Board Room,
29 Auburn Road, Lansing, NY, and streamed live on YouTube on the above date at
6:32 p.m. The meeting was called to order by Edward LaVigne, Supervisor, and opened
with the Pledge of Allegiance to the flag. Roll call by Deborah K. Munson, Town Clerk,
showed the following to be
PRESENT:
Andra Benson, Councilperson Ruth Groff, Councilperson
Bronwyn Losey, Councilperson Joseph Wetmore, Councilperson
Edward LaVigne, Supervisor
ABSENT: No one absent
ALSO PRESENT: Mike Moseley, Highway Superintendent, Patrick Tyrrell, Parks and
Recreation Supervisor, Mary Ellen Albrecht, Bookkeeper, Heather Dries, Information
Aide-Code Department, Guy Krogh, Town Counsel, Mike Sigler, Tompkins County
Legislator, Allison Trdan, Kurt Marin, Elisabeth and Ethan Bodnaruk, Cally Arthur,
Dennis Griffin, Michael Culotta, Richard and Tricia VanEvery, Jesse Young, Michael
Herbster, Robert Moore, and a few other attendees.
PUBLIC HEARING ON PROPOSED LOCAL LAW #3 OF 2023 OF THE TOWN
OF LANSING TO AMEND CERTAIN PROVISIONS OF THE CODE OF THE
TOWN OF LANSING CHAPTER 270: ZONING
Councilperson Joseph Wetmore, moved to OPEN THE PUBLIC HEARING ON
PROPOSED LOCAL LAW # 3 OF 2023 A LOCAL LAW TO AMEND CERTAIN
PROVISIONS OF THE CODE OF THE TOWN OF LANSING CHAPTER 270,
ZONING at 6:34 pm.
Councilperson Ruth Groff seconded the motion.
All in Favor – 5 Opposed – 0
One resident thanked the Town Board for considering their zoning request.
One resident stated:
• Residents on Emmons Road are upset
• Town Board should consider people’s concerns and needs on Emmons Road
• Town Board should be visionary and protect farmland for food
MOTION TO CLOSE THE PUBLIC HEARING
All persons desiring to be heard, having been heard, Councilperson Joseph Wetmore,
moved to CLOSE THE PUBLIC HEARING ON PROPOSED LOCAL LAW #3 OF
2023 at 6:42 pm.
Councilperson Ruth Groff seconded the motion.
All in Favor – 5 Opposed – 0
RESOLUTION MAKING A NEGATIVE DETERMINATION OF
ENVIRONMENTAL SIGNIFICANCE UNDER THE STATE ENVIRONMENTAL
QUALITY REVIEW ACT AND ADOPTING LOCAL LAW #3 OF 2023 OF THE
TOWN OF LANSING TO AMEND CERTAIN PROVISIONS OF THE CODE OF
THE TOWN OF LANSING CHAPTER 270: ZONING
RESOLUTION 23-79
RESOLUTION MAKING A NEGATIVE DETERMINATION OF
ENVIRONMENTAL SIGNIFICANCE UNDER THE STATE ENVIRONMENTAL
QUALITY REVIEW ACT AND ADOPTING LOCAL LAW # 3 OF 2023 OF THE
TOWN OF LANSING TO AMEND CERTAIN PROVISIONS OF THE CODE OF
THE TOWN OF LANSING CHAPTER 270: ZONING
April 19, 2023
2
The following Resolution was duly presented for consideration by the Town Board:
WHEREAS, the Town Board of the Town of Lansing is authorized to adopt zoning
provisions and local laws that advance and protect the health, safety, and welfare of the
community; and
WHEREAS, the Town Board of the Town of Lansing Authorized and Directed the Code
Revision Committee to Prepare Preliminary Draft Rural Agricultural (RA) Zoning
District Text and Map Amendments via Motion 22-07 on February 16, 2022; and
WHEREAS, the Director of Planning, on behalf of the Code Revision Committee,
circulated preliminary draft Zoning text and map amendments to the Agricultural and
Farmland Protection Committee on June 3, 2022; Conservation Advisory Council on
June 4, 2022; and Planning Board on June 6, 2022, respectively, for review and feedback;
and
WHEREAS, the Preliminary Draft (Final Draft as Working Product of the Code Revision
Committee) Rural Agriculture (RA) and Agriculture (AG) Zoning Districts (as well as
Site plan review and Site Development Standards) was unanimously recommended by
the Code Revision Committee on October 6, 2022; and
WHEREAS, the Preliminary Draft (Final Draft as Working Product of the Code Revision
Committee) Rural Agriculture (RA) and Agriculture (AG) Zoning Districts and all
comments prepared by the Agricultural and Farmland Protection Committee,
Conservation Advisory Council, Planning Board, and project consultant George R.
Frantz, AICP, ASLA, were circulated to the Lansing Town Board on October 7, 2022;
and
WHEREAS, a duly noticed Open House was held at the Lansing Town Hall, 29 Auburn
Road, Lansing, New York, on December 7, 2022 to consider public input and comments
upon such Preliminary Draft Rural Agriculture (RA) and Agriculture (AG) Zoning
Districts, and to hear all persons interested in the subject thereof; and
WHEREAS, said proposed Local Law proposes to facilitate and regulate the
development of land in accordance with the Town of Lansing 2018 Comprehensive Plan
and 2015 Agriculture and Farmland Protection Plan; and
WHEREAS, Chapter 270-57(A) requires referral to the Town Planning Board “for
review and recommendation thereon before the public hearing hereinafter provided for”;
and
WHEREAS, the Town Planning Board has been given the opportunity to comment on the
proposed local law at their meeting on January 9, 2023; and
WHEREAS, Chapter 270-57(B) requires referral to the Tompkins County Department of
Planning & Sustainability; and
WHEREAS, the draft documents and related information were duly delivered to the
Tompkins County Department of Planning & Sustainability on October 24, 2022 per
General Municipal Law §239 ; et seq, and such Department responded in a January 09,
2023 letter from Katherine Borgella, Tompkins County Commissioner of Planning,
pursuant to §239 -l, -m, and -n of the New York State General Municipal Law
determined the local law will have no significant county-wide or inter-community
impact. The Tompkins County Department of Planning & Sustainability made the
following comment:
“There are several recommendations from the Town’s Comprehensive Plan that could
be incorporated into Section H of Site Plan Review (Project Review Criteria).
Examples include:
April 19, 2023
3
• “Provide incentives for the redevelopment or retrofitting of aging or abandoned
industrial or commercial sites to avoid abandoned buildings” from
Recommendation LU-1D
• “encouraging the adherence to practices leading to LEED certification, and the
installation of alternative energy services” from Recommendation LU-1F
• “foster infill development and redevelopment opportunities that take full
advantage of existing infrastructure” from Recommendation LU-3B
• “encourage infill and redevelopment of underutilized properties” from
Recommendation ED-5A”
WHEREAS, the comments were carefully considered by the Town Board;
WHEREAS, adoption of a Local Law of the Town of Lansing to Amend the Code of the
Town of Lansing Chapter 270: Zoning (Rural Agricultural Zoning District; Site Plan
Review; and General Provisions) is a Type I Action under the State Environmental
Quality Review Act §617.4(b)(2); and
WHEREAS, 6 NYCRR Part 617 of the State Environmental Quality Review Act
(SEQRA) require that a Lead Agency be established for conducting environmental
review of projects in accordance with local and state environmental law; and
WHEREAS, State Law specifies that for actions governed by local environmental
review, the Lead Agency shall be that local agency which has primary responsibility for
approving and carrying out the action; and
WHEREAS, the Town Board, being the local agency which has primary responsibility
for approving and carrying out the action, did on February 16, 2022 declare intent to
establish itself as the Lead Agency for environmental review via Resolution 22-44; and
WHEREAS, this is a Type I Action under the State Environmental Quality Review Act
Section 617.4(b)(2), which requires environmental review; and
WHEREAS, this Board, acting as Lead Agency in environmental review, has on January
18, 2023, reviewed the criteria and determined the significance of the project including
the proposed action, its location, its purpose, and its potential impacts on the
environment, and reviewed and accepted as adequate a Full Environmental Assessment
Form, Parts 1, 2, and 3, prepared by Lead Agency and Town Planning staff; and
WHEREAS, a duly noticed Public Hearing was held at the Lansing Town Hall, 29
Auburn Road, Lansing, New York, being in the Town of Lansing, on the 18th day of
January 2023, at 6:32 pm, to consider public input and comments upon such proposed
Local Law, and to hear all persons interested in the subject thereof, and to take such
action thereon as is required or permitted by law; and
WHEREAS, as a result of such hearing, the Town Planning Board and Agriculture
Committee, and individual public officers and members thereof, objected that their
wishes, maps, and recommendations were not followed verbatim, and further objected
that they did not know or understand the previously referred matters and review and
adoption schedules, such that the Town Board again sent such matters back to such
committees for re-review; and
WHEREAS, the Town Board set another public hearing for April 19, 2023 and re-
referred this matter also to the Town Codes Committee; and
WHEREAS, prior recommendations were adhered to, and new ones made, and such
matters again having been referred to the Town Codes Committee, which once again
finalized the versions of this local law as will update Code Chapter 270; and
WHEREAS, as set forth more fully in the FEAF and SEQRA review documents and
findings statement, there were no moderate or significant actual or potential
environmental impacts identified in relation to this local law, a review of the FEAF on
the record by the Town Board did not reveal any conclusions inconsistent with the prior
April 19, 2023
4
analyses in FEAF Parts 2 and 3, and all potential or probably future environmental
impacts were analyzed and duly considered by the Town Board, as Lead Agency, in
relation to the question of whether such impacts were so probable of occurring or so
significant as to require a positive declaration of environmental impacts, and after
weighing the above, the zoning code changes, and all other potential impacts arising from
or in connection with the adoption of this local law, 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
and/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 Town Board
found that these factors did not cause any potential impact to be or be likely to become
moderate, large, or significant; and
WHEREAS, a duly noticed Public Hearing was held at the Lansing Town Hall, 29
Auburn Road, Lansing, New York, being in the Town of Lansing, on the 19th day of
April 2023, to once again consider public input and comments upon such proposed Local
Law, and to hear all persons interested in the subject thereof, and to take such action
thereon as is required or permitted by law; and
WHEREAS, and upon more and further deliberation upon the same, the Town Board of
the Town of Lansing has hereby
RESOLVED, that the Town Board of the Town of Lansing be and hereby is again
declared to be the Lead Agency, and after consideration of the FEAF and actual or
probable environmental impacts, as well as all other impacts and criteria requiring review
or consideration under 6 NYCRR 617.7(c), the Town Board, as Lead Agency finds,
declares, and hereby determines that the proposed action – adopting Local Law # 3 of
2023 - will have no significant negative environmental impacts or consequences; and it is
further
RESOLVED AND DETERMINED, that this declaration is made in accord with Article 8
of the Environmental Conservation Law and the Regulations promulgated thereunder,
and accordingly, the Town Board of the Town of Lansing, based upon (i) its thorough
review of the FEAF, 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 a 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 FEAF,
including the findings noted therein (which findings are incorporated herein as if set forth
at length), hereby makes a negative determination of environmental significance in
accordance with SEQRA for the above referenced proposed action (“Negative
Declaration”), and determines that an Environmental Impact Statement is therefore not
required; and it is further
RESOLVED, that a Responsible Officer of the Town Board of the Town of Lansing is
hereby authorized and directed to complete and sign the determination of significance
confirming the foregoing Negative Declaration, which fully completed and signed FEAF
and determination of significance shall be incorporated by reference in this Resolution;
and it is further
RESOLVED, that Local Law Number 3 of 2023, being a local law entitled as a “Local
Law of the Town of Lansing to Amend Certain Sections of the Code of the Town of
Lansing Chapter 270: Zoning,” be and hereby is approved and adopted in the form as
presented to this meeting, including each and all of the exhibits and appendices thereof
keyed to each section of the Town Code and, in such form “be it so enacted”; and it is
further
RESOLVED, that the amended and final Zoning Map as presented to this meeting be and
hereby is adopted as the official zoning map of the Town of Lansing; and it is further
April 19, 2023
5
RESOLVED AND DIRECTED, in accord with the Municipal Home Rule Law, the final
adopted version of this local law shall be filed with the Town Clerk, and the said Town
Clerk shall file the same within 20 days hereof, electronically or otherwise, with the New
York State Secretary of State, State Records and Law Bureau, Department of State, 41
State Street, Albany, New York 12231, as required by Municipal Home Rule Law; and it
is further
RESOLVED AND DIRECTED, in accord with General Municipal Law § 239-m(6), the
Town Clerk is directed to cause a copy of this resolution to be delivered to the Tompkins
County Planning Department to serve as the required response and report upon the final
action of the Town Board, including responses to county recommendations, if any, that
are contained herein.
RESOLVED, that the proposal will result in no significant impact on the environment
and that a Negative Declaration for purposes of Article 8 of the Environmental
Conservation Law be filed in accordance with the provisions of Part 617 of the State
Environmental Quality Review Act; and it is further
RESOLVED, this Local Law shall take effect immediately upon adoption by the Town
Board of the Town of Lansing; and it is further
RESOLVED, that this local law and its map shall be forwarded to the municipal code
service the Town has contracted with for immediate inclusion in the Town Code.
The question of the adoption of such proposed Resolution was duly motioned by
Councilperson Andra Benson, duly seconded by Councilperson Joseph Wetmore, and put to
a roll call vote with the following results:
Councilperson Andra Benson – Aye Councilperson Ruth Groff – Aye
Councilperson Bronwyn Losey – Aye Councilperson Joseph Wetmore – Aye
Supervisor Edward LaVigne – Aye
Accordingly, the foregoing Resolution was approved, carried, and duly adopted on April 19,
2023.
LOCAL LAW NUMBER #3 OF 2023
A LOCAL LAW OF THE TOWN OF LANSING TO AMEND
CERTAIN SECTIONS OF THE CODE OF THE TOWN OF LANSING
CHAPTER 270: ZONING
This Local Law hereby amends certain sections of Chapter 270 of the official code
of the Town of Lansing and, where indicated, certain sections are also
superseded in their entirety. Among the changes to the code are zoning map
changes, the redefinition of the Rural Agricultural (RA) Zoning District, the
addition of an Agricultural Zone (AG) Zoning District, related amendments to
allowed use charts (Schedule I) and definitions, and enhancements and updates
to site planning and parking codes, all based generally upon the Town’s most
recently updated Comprehensive Plan, the work of the Agricultural and
Farmland Committee and Codes Review Committee, as well as several other
sources, including valuable input from multiple committees and boards of the
town.
The Town Board of The Town of Lansing, New York, pursuant to Resolution
dated April 19, 2023, does hereby adopt and pass this Local Law Number #3 of
2023, and therefore, be it so enacted as follows:
SECTION 1 – AUTHORITY: This Local Law is adopted pursuant to the powers
granted by §§ 261 and 263 of the Town Law of the State of New York, and
Municipal Home Rule Law § 10, which authorize the Town of Lansing to adopt
April 19, 2023
6
zoning provisions and local laws that advance and protect the health, safety and
welfare of the community.
SECTION 2 – PURPOSE: The purposes of this Local Law are to facilitate and
regulate the development of land to be compatible with farming within
agricultural areas, and to generally update administrative provisions (such as
site planning), zoning maps, zoning schedules, and definitions, along with other
more minor amendments, to implement agricultural goals and other needed
updates and administrative amendments. It is in the public interest to allow for
and encourage desired land development within the Agriculture (AG) Zoning
District and Rural Agricultural (RA) Zoning District areas, including to keep
such areas primarily focused upon agricultural and agricultural support uses, in
accordance with the Town of Lansing Comprehensive Plan and Agriculture and
Farmland Protection Plan.
SECTION 3 – APPLICABILITY: The requirements of this Law apply to all
properties within the Town of Lansing, including specifically the Rural
Agricultural (RA) Zoning District on the Official Zoning Map of the Town of
Lansing dated October 3, 2018.
SECTION 4 – AMENDMENTS TO THE TOWN OF LANSING CODE
CHAPTER 270
A. The Town of Lansing Zoning Code § 270-3: entitled “Definitions” is
amended by repealing and removing the following definitions:
ADULT RESIDENTIAL CARE FACILITY
AGRICULTURE
BED-AND-BREAKFAST
CHURCH or OTHER PLACE OF PUBLIC WORSHIP
CLUB
CONTRACTOR'S/LANDSCAPING YARD
HOME OCCUPATION OR BUSINESS
KENNEL
OPEN SPACE
PLANT/LANDSCAPE NURSERY, GREENHOUSE AND GARDEN CENTER FOR
COMMERCIAL/RETAIL
RESTAURANT
ROADSIDE STAND
STORAGE CONTAINER, UNIT
USED CAR LOT
B. The Town of Lansing Zoning Code § 270-4 Districts is amended by the
addition of referencing the following Zoning District: AG - Agriculture
C. The Town of Lansing Zoning Code § 270-5(A) Rural Agriculture (RA)
District description is expressly repealed and superseded by the following:
A. Rural Agriculture (RA) District. The intent of the RA District is to designate areas where
farming and farm-related businesses are the prevalent and desired land use activities.
Some nonagricultural development, largely low-density housing, has occurred, is
anticipated in the future, and is appropriate as determined by access to public water
infrastructure. The Rural Agriculture (RA) Zoning District is primarily intended to
maintain a rural boundary adjacent to the AG Zoning District and to encourage a proper
environment to foster farming operations and rural residential land uses.
D. The Town of Lansing Zoning Code § 270-5 Description of districts; intent,
is amended by the addition of the following zone and zone description:
I. Agriculture (AG) Zoning District. The Agriculture Zoning District is primarily intended
to maintain farming and agricultural lands in the Town of Lansing in accordance with
Chapter 133: Farming. Farming reinforces the bucolic quality of life enjoyed by reside nts
April 19, 2023
7
of the Town, provides the visual benefit of open space and scenic views, and generates
both direct and indirect economic benefits and social well-being within the community.
E. The Town of Lansing Zoning Code § 270-7: Schedule of regulations is
superseded and replaced with the following:
Regulations and controls relating to land uses or activities in the Town of Lansing are set
forth in Schedule I (§ 270-10). Regulations relating to lot size, yards, building height,
coverage and so forth are set forth in Schedule II (§ 270-11). Said schedules are hereby
adopted with all explanatory matter thereon and information related thereto being a
material part of this chapter. However, the Rural Agriculture (RA) District and
Agriculture (AG) Zoning District do not use Schedule I (§ 270-10) and Schedule II (§ 270-
11), and instead rely upon the rules and regulations set forth in § 270-12 (for the RA zone)
and § 270-13 (for AG zone), respectively.
F. The Town of Lansing Zoning Code § 270-8, Excluded uses or activities;
similar use classifications and procedures, is deleted and replaced with the
following title and text:
Uses not listed as permitted are not allowed. Any land use not specifically permitted
under this Chapter shall be disallowed uses unless a use variance therefor shall be
properly obtained, unless such use is a lawful pre-existing, non-conforming use, or unless
such use is permitted in any newly created zone, such as (but not limited to) planned
development zones. As to pre-existing, non-conforming uses, this Chapter shall be
interpreted and applied so as to eliminate the same as soon as legally practicable.
G. The Town of Lansing Zoning Code § 270-10, Schedule I: Schedule of Land
Uses or Activities, is amended by expressly repealing and eliminating therefrom
the Rural Agriculture (RA) column. Schedule I shall not apply to the Rural
Agriculture (RA) or Agricultural (AG) Zones.
H. The Town of Lansing Zoning Code § 270-11, Schedule II: Area, Frontage,
Yard, Height and Coverage Requirements, is amended by repealing and
eliminanting therefrom the Rural Agriculture (RA) row. Schedule II shall not
apply to the Rural Agriculture (RA) or Agricultural (AG) Zones.
I. Town of Lansing Zoning Code § 270-12: Schedule III: Parking
Requirements is expressly repealed. All references thereto in the Town Code
shall be excised and remaining language in such chapter or section (or notes)
shall be conformed to this change.
J. A new § 270-12 is hereby added, titled and consisting of the language and
regulations set forth in the document appended hereto entitled “270-12 RA
Zoning District.”
K. A new § 270-13 is hereby added, titled and consisting of the language and
regulations set forth in the document appended hereto entitled “270-13 AG
Zoning District .”
L. Town of Lansing Code Chapter V: Supplementary regulations, at § 270-27,
Site plan review, is expressly repealed and replaced with new site plan
regulations (also to be numbered as § 270-27) appended hereto and named “270-
27 Site Plan Review.”
M. The Town of Lansing Zoning Code Article VII: Parking and Loading, §§
270-37 through 270-41, is expressly repealed and superseded by the new Article
VII entitled “Article VII Zoning Uses – Principal, Accessory, and Temporary
Uses,” as appended to this local law.
April 19, 2023
8
N. The Town of Lansing Zoning Code Article VIII: Nonconforming Uses is
expressly renumbered to Article IX.
O. A new Chapter VIII is added entitled Article VIII; Site Development
Standards,” the rules and text for which are contained in the document
appended hereto entitled “Article VIII Site Development Standards.”
P. The Town of Lansing Zoning Code Article IX: Administration and
Enforcement, is expressly renumbered to Article X: Administration and
Enforcement.
Q. Town Code § 270-61, Penalties for offenses is renumbered as § 270 -55 and
added to renumbered Chapter X: Administration and Enforcement.
R. The Town of Lansing Zoning Code Article X: Appeals, is expressly
renumbered to Article XI: Appeals.
S. The Town of Lansing Zoning Code Article XI: Amendments, is expressly
renumbered to Article XII: Amendments.
T. The Town of Lansing Zoning Code Article XII: is expressly repealed, the
sole former section therein having been renumbered and added to renumbered
Article 10: Administration and Enforcement, as set forth in subparagraph Q,
above.
U. The Official Zoning Map of the Town of Lansing, last updated October 3,
2018, is hereby expressly repealed and superseded by the Official Town of
Zoning Map dated April 2023, as appended to this local law.
SECTION 4 — CODIFICATION: These amendments and regulations shall be
incorporated into the Town Code, and the incorporator may designate such new
section and numerical headings, or other indexed references, as make for a
coherent Town Code, sequentially numbered or marked. Nothing in this local
law is intended to disrupt or affect the existing Town Code, except to the extent
any existing code provision is herein expressly superseded or repealed. All other
provisions of the Town Code are hereby reaffirmed and continued in force and
effect, and the codificiation of these amendments shall follow the proceed for
amending the code as set forth in the code or the Town’s local laws, including
but not limited to Local Law #2 of 2020.
SECTION 5—ENFORCEMENT: Any violation of this Local Law shall be
enforced in accordance with this Chapter, the Town Code, or applicable law.
SECTION 6—SEVERABILITY: The invalidity or unenforceability of any
section, subsection, paragraph, sentence, clause, provision, or phrase of the
aforementioned sections as declared by the valid judgment of any court of
competent jurisdiction to be unconstitutional must not affect the validity or
enforceability of any other section, subsection, paragraph, sentence, clause,
provision, or phrase, which must remain in full force and effect.
SECTION 7—EFFECTIVE DATE: This Local Law shall take effect immediately.
270-xx.x – RURAL AGRICULTURE (RA) ZONING DISTRICT
270-x.x: Purpose
The intent of the RA District is to designate areas where farming and farm-
related businesses are the prevalent and desired land use activities. Some
April 19, 2023
9
nonagricultural development, largely low-density housing, has occurred, is
anticipated in the future, and is appropriate as determined by access to public
water infrastructure. The Rural Agriculture (RA) Zoning District is primarily
intended to maintain a rural boundary adjacent to the AG Zoning District and to
encourage a proper environment to foster farming operations and rural
residential land uses. The purpose of the RA Zoning District is to provide an area
of limited housing density and a meaningful transition between the
rural/agricultural character of the community and the more intensely developed
areas south of Peruville Road.
270-x.x: General
All development in the Rural Agriculture (RA) Zoning District must comply
with the area, bulk, and form standards of this section, as well as any applicable
standards in other sections, including the following:
108: Building Codes
112: Buildings, Unsafe
119: Communication Towers
133: Farming
142: Flood Damage Prevention
158: Junkyards and Outdoor Storage
174: Public Assembly
210: Signs
225: Stormwater
230: Streets and Sidewalks
235: Subdivision of Land
253: Water
270-37: Principal Uses
270-38: Accessory Uses
270-39: Temporary Uses
270-40: Site Development Standards
270-x.x: Principal Uses
Any of the following Principal Uses are permitted by right, separately or in
combination with other Principal Uses permitted by right, if in compliance with
any applicable use standards, in the Rural Agriculture (RA) Zoning District:
A. Bed & Breakfast
B. Dwelling, One-Unit
C. Dwelling, Two-Unit
D. Day-Care Facility
E. Farm Operation
F. Alternative Energy System, subject to § 270-25.1.
G. Open Space
270-x.x: Principal Uses subject to Site Plan Review for Certain Farm
Operations
Any of the following Principal Uses are permitted by Site Plan Review for
Certain Farm Operations (Section 270-27(G), separately or in combination with
other Principal Uses permitted by right, if in compliance with any applicable use
standards, in the Rural Agriculture (RA) Zoning District:
A. Agricultural Education and Recreation Facility
B. Agriculture-Related Commerce
C. Farm Creamery
1. The combined square footage of all structures or buildings associated
with the Farm Creamery as well as any Roadside Stand or Farm
Market on the premises used to sell the dairy products may not exceed
April 19, 2023
10
a total of 15,000 square feet. The milking operation is not included in
this limitation.
D. Farm Brewery; Farm Cidery; Farm Distillery; Farm Winery
E. Farm Market
270-x.x Principal Uses subject to Site Plan Review
A. Amusement Facility, Indoor
B. Amusement Facility, Outdoor
C. Animal Care Facility
D. Assembly
E. Business Offices
F. Cemetery
G. Communication Towers
H. Contractor’s/Landscaping Yard
I. Large-Scale Battery Energy Storage System
J. Lodge or Private Club
K. Medical Clinic
L. Nursery School
M. Place of Worship
N. Primary/Secondary School
O. Public Safety Facility
P. Residential Care Facility
Q. Retail Garden Center
R. Restaurant
1. Drive-through service is prohibited.
S. Retail and Service, General
T. Retail & Service, Heavy
U. Rural Enterprise
V. Solar Energy Facility
W. Tavern
X. Utilities and Services, Major
Y. Veterinary Clinic
Z. Wind energy conversion system
270-x.x Accessory Uses
A. Accessory Building
B. District Energy System
C. Dwelling, Accessory
D. Farm Operation – Accessory Commerce
E. Home Business, subject to Section 270-38.1.
F. Home Occupation, subject to Section 270-38.1.
G. Non-tower-based wind energy conversion system
H. Outdoor Display
I. Roadside Stand
J. Small-scale battery energy storage system
K. Small-scale solar energy system
L. Utilities and Services, Minor
270-x.x Temporary Uses
A. Agricultural Events, subject to Chapter 174: Public Assembly.
B. Contractor Trailer, subject to Section 270-39.1.
C. Storage Container, subject to Section 270-39.1.
D. Temporary Occupancy of Permanent Dwelling, subject to Section 270-39.1.
Town of Lansing
Area, Frontage, Bulk, Height, and Setback Requirements
April 19, 2023
11
270-xx.x – AGRICULTURE (AG) ZONING DISTRICT
270-x.x: Purpose
The Agriculture (AG) Zoning District is primarily intended to maintain farming
and agricultural lands in the Town of Lansing in accordance with Chapter 133:
Farming. Farming reinforces the bucolic quality of life enjoyed by residents of the
Town, provides the visual benefit of open space and scenic views, and generates
both direct and indirect economic benefits and social well-being within the
community.
The AG Zoning District prioritizes and preserves viable agriculture in the Town
by providing an area where farm operations are the predominant active land use.
The AG Zoning District illustrates the Town’s commitment to farming uses as
preferred uses in this zoning district and intends to protect existing agricultural
areas by limiting residential development; encouraging the continuation of
farming as a viable economic activity and way of life; reducing land use conflicts;
protecting ecological and natural resources; and conserving open space.
Persons and entities not engaged in farming in the Agriculture (AG) Zoning
District should be aware that the primary intention of this Zoning District is to
permit lawful farming and farming practices which may generate dust, odor,
smoke, noise, and vibration; during growing seasons machinery may be operated
at other than daylight hours; certain generally acceptable farming operations
may involve the proper use and spraying of herbicides or pesticides, or the
spread of nutrients; and acceptable practices in keeping animals may involve
odors or noises. To the extent buffer areas may be required, the intention of such
buffers is to reduce the potential for disruption to lawful farming uses and to
minimize perceived density.
The AG Zoning District has been intentionally mapped to limit expansion of
public water or sewer to reduce the economic pressures for development.
Accordingly, persons acquiring property in the AG Zoning District should not
expect such public services to be extended or provided.
April 19, 2023
12
270-x.x: General
All development in the AG Zoning District must comply with the area, bulk, and
form standards of this section, as well as any applicable standards in other
sections, including the following:
108: Building Codes
112: Buildings, Unsafe
119: Communication Towers
133: Farming
142: Flood Damage Prevention
158: Junkyards and Outdoor Storage
174: Public Assembly
210: Signs
225: Stormwater
230: Streets and Sidewalks
235: Subdivision of Land
253: Water
270-37 Principal Uses
270-38 Accessory Uses
270-39 Temporary Uses
270-40 Site Development Standards
270-x.x: Principal Uses
Any of the following Principal Uses are permitted by right, separately or in
combination with other Principal Uses permitted by right, if in compliance with
any applicable use standards, in the Agriculture (AG) Zoning District:
A. Bed & Breakfast
B. Dwelling, One-Unit
C. Dwelling, Two-Unit
D. Day-Care Facility
E. Farm Operation
F. Alternative Energy System, subject to § 270-25.1.
G. Open Space
270-x.x: Principal Uses subject to Site Plan Review for Certain Farm
Operations
Any of the following Principal Uses are permitted by Site Plan Review for
Certain Farm Operations (Section 270-27), separately or in combination with
other Principal Uses permitted by right, if in compliance with any applicable use
standards, in the Agriculture (AG) Zoning District:
A. Agricultural Education and Recreation Facility
B. Agriculture-Related Commerce
C. Farm Creamery
1. The combined square footage of all structures or buildings
associated with the Farm Creamery as well as any Roadside Stand
or Farm Market on the premises used to sell the dairy products
may not exceed a total of 15,000 square feet. The milking operation
is not included in this limitation.
D. Farm Brewery; Farm Cidery; Farm Distillery; Farm Winery
E. Farm Market
270-x.x Principal Uses subject to Site Plan Review
A. Animal Care Facility
B. Cemetery
C. Communication Towers
D. Contractor’s/Landscaping Yard
E. Large-Scale Battery Energy Storage System
F. Nursery School
April 19, 2023
13
G. Place of Worship
H. Retail Garden Center
I. Rural Enterprise
J. Solar Energy Facility
K. Utilities and Services, Major
L. Veterinary Clinic
M. Wind energy conversion system
270-x.x Accessory Uses
A. Accessory Building
B. District Energy System
C. Dwelling, Accessory
D. Farm Operation – Accessory Commerce
E. Home Business, subject to Section 270-38.1.
F. Home Occupation, subject to Section 270-38.1
G. Non-tower-based wind energy conversion system
H. Outdoor Display
I. Roadside Stand
J. Small-scale battery energy storage system
K. Small-scale solar energy system
L. Utilities and Services, Minor
270-x.x Temporary Uses
A. Agricultural Events, subject to Chapter 174: Motorcades, Parades and
Assemblies.
B. Contractor Trailer, subject to Section 270-39.1.
C. Shipping Container, subject to Section 270-39.1.
D. Temporary Occupancy of Permanent Dwelling, subject to Section 270-39.2.
Chapter 270. Zoning
April 19, 2023
14
Article V. Supplementary Regulations
Current regulations: https://ecode360.com/33034169
§ 270-27. Site plan review.
A. Authority. The Planning Board is hereby empowered to grant site plan
approval in accordance with the provisions of § 274-a of the New York State
Town Law. The Town Board hereby further empowers the Planning Board to,
when reasonable, waive any requirement for the approval, approval with
modifications or disapproval of site plans submitted for approval. Those
identified applications requiring site plan approval as a prerequisite and all
special use permits (which require site plan approval) shall be regulated as set
forth in this article.
B. Definitions.
Definitions of specific terms or words as used in this chapter shall conform to the
definitions of the same terms in the Zoning Ordinance, Chapter 270. In addition
to the definitions in Chapter 270, the following terms shall be used in this chapter
as they are defined in this section:
BOARD
The Planning Board, unless otherwise specified.
DEVELOPMENT
Any land use activity or project which requires a permit from the
Planning & Code Enforcement Department or will result in changes to the
physical condition, appearance or type of use, or intensity of use, of
property.
(1) Development projects include but are not limited to:
(a) New construction, reconstruction, modification or expansion of
existing structures or site improvements.
(b) Landfilling, excavation, grading, parking lot construction or any other
disturbances to the natural or existing topography or vegetation of the
site.
(c) Demolition of structures or site improvements.
(2) A project shall not be considered a development if it is one or a
combination of the following:
(a) Replacement in kind only;
(b) Interior construction only; or
(c) Infrastructure maintenance only.
DIRECTOR
The Director of Planning for the Town of Lansing, New York, or his/her
designee.
MODIFICATION
Rearrangement of site layout or an exterior alteration to an existing
structure (including any changes to a building facade, except replacement
in kind).
PERFORMANCE GUARANTEE
A form of security approved by the Town that has the effect of providing
assurance or a guarantee that all improvements will be made and
constructed in accord with the requirements of this chapter, applicable
codes and requirements, the requirements of the Town, and the terms and
requirements of any approved site plan. A performance guarantee may
include performance bonds, escrow agreements, letters of credit, cash, and
other or similar collateral or surety agreements. No such performance
guarantee shall be deemed acceptable or in compliance with the
requirements of this chapter if the person posting the bond or other
undertaking is a guarantor or surety to any underwriter of such bond or
undertaking, or if such person provides for indemnity to any underwriter
April 19, 2023
15
or issuer with respect to such bond or undertaking. Bonds shall comply
with the requirements of Town Law § 274-a and shall be acceptable to the
Town Board and Town Attorney as to form, sufficiency, manner of
execution, and surety. A period of one year (or such other periods as the
Director of Planning may determine appropriate, not to exceed three
years) shall be set forth in the bond within which required improvements
must be completed.
RECONSTRUCTION
Construction of buildings or site plan improvements following total
demolition of a previous development.
REPLACEMENT IN KIND
Replacement of materials (for maintenance purposes) which does not have
an effect on the appearance of the existing building and site.
SITE IMPROVEMENT
Features including but not limited to planting, paving, retaining walls,
drainage culverts and swales, fences and gates, lighting, site furniture,
fountains, pools, bridges, dams, decks, boardwalks, pergolas, signs and
any other accessory structures, devices, or landscape materials on the site.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan to identify and mitigate stormwater impacts as defined in Chapter
225.
C. Applicability.
1. The provisions of this § 270-27 shall apply to any land use activity that is
indicated in Schedule I of this chapter as requiring site plan review and
approval, to any similar use, and whenever otherwise requires by this
chapter or by any local law or other ordinance of the Town of Lansing.
2. In addition, and supplementing such provisions, the requirements of this
article shall also apply to the following actions except as to those actions
specifically exempted, or for which alternative specific site plan review
and approval requirements are established, elsewhere in this chapter:
a. All new commercial, industrial, or institutional development.
b. All new Multiple-Unit Dwellings.
c. Any modification of existing commercial, industrial, institutional,
or multiple-unit dwelling buildings, for which no previous site
plan exists.
d. Any conversion of an existing residential structure to a
nonresidential use (except as may have occurred in connection with
a Home Occupation established in conformity with the provisions
of this chapter).
e. Any conversion of an existing nonresidential structure into a
residential structure containing three or more dwelling units.
f. Any modification to an existing residential structure which
increases the number of dwelling units in the building to three or
more dwelling units.
g. Any other modification to any facility or structure not set forth in
the preceding subsections, for which final site plan approval was or
is presently required by the terms of this chapter or any
modification to any previously approved site plan, except as
otherwise authorized below.
D. Land use activities exempt from site plan review. Land uses allowed by
zoning permit and the following land uses and activities are exempt from site
plan review provisions of this § 270-27 unless such review is specifically required
in Schedule I of this chapter:
(1) New construction of a one- or two-unit dwelling, and related accessory
structures, as these terms are defined in § 270-3 of this chapter.
April 19, 2023
16
(3) Normal maintenance or repair and routine landscaping.
(4) Uses and structures that are lawfully in existence as of the date this chapter
becomes effective. Nonconforming uses may not be expanded (see Article VIII).
E. Site Plan Review Procedures
1. Process initiation.
a. The Zoning Officer shall determine whether Site Plan Review is
required when an application for Site Plan Review, Building
Permit, or a Demolition Permit is filed.
2. The following procedures are required for both Site Plan Review and Site
Plan Review for Certain Farm Operations:
a. Sketch plan conference with planning staff, or when appropriate,
with the Board as a whole.
F. Site Plan Review submittals.
1. Submission of Application Materials.
a. Applicants must submit a complete site plan review application,
including all applicable materials as described in the Site Plan
Review Checklist, which may be obtained from the Department of
Planning and Code Enforcement, as well as the following:
i. Evidence of site control or owner’s authorization.
ii. Statement of intent that describes the project. If the
development is to be staged, a general indication of how the
staging is to proceed; any project that requires more than 36
months to construct shall be staged. Whether or not the
development is to be staged, the preliminary plan shall show
the intended total project.
iii. A statement as to proposed sources of water supply and
method of sewage disposal to include a statement as to who
will own the water and sewer systems, a conceptual layout
of each system, whether necessary districts are formed or are
in process, the receiving sewage treatment plant, the lines,
dimensions, and purpose of all utility easements, including
properly placed fire hydrants and preliminary design of
bridges and culverts.
iv. A site plan, drawn to a scale no smaller than one inch equals
30 feet, on one or more sheets, stamped by a New York State
licensed architect, landscape architect, engineer, or surveyor.
b. An environmental assessment form as required by SEQRA.
c. Additional application materials may be required by the Board.
Depending on the scope and complexity of the project, the Board
has the discretion to require applicants to engage the services of
licensed design professionals and other experts such as architects,
landscape architects, engineers, ecologists, or surveyors.
G. Application Procedure for Site Plan Review for Certain Farm Operations. The
applicant for site plan review and approval shall submit the following:
1. Application form and fee.
2. Name and address of the applicant and any professional advisors.
3. Evidence of site control or owner's authorization.
4. Sketch of the parcel on a location map (e.g., tax map) showing boundaries
and dimensions of the parcel of land involved and identifying contiguous
properties and any known easements or rights-of-way and roadways
depicting:
a. Existing features of the site including land and water areas, water
or sewer systems and the approximate location of all existing
structures on or immediately adjacent to the site.
April 19, 2023
17
b. The proposed location and arrangement of buildings and uses on
the site, including means of ingress and egress, parking and
circulation of traffic.
c. The proposed location and arrangement of specific land uses, such
as pasture, crop fields, woodland, livestock containment areas, or
manure storage/manure composting sites.
d. Any proposed building, structure, or sign, including exterior
dimensions and elevations of front, side and rear views. Include
copies of any available blueprints, plans or drawings.
5. Provide a description of the farm operation (existing and/or proposed)
and a narrative of the intended use and/or location of proposed
buildings, structures, and/or signs, including any anticipated changes in
the existing topography and natural features of the parcel to
accommodate the changes.
6. If any new structures are going to be located within 100 feet of a stream or
wetland provide a copy of the floodplain map and wetland map that
corresponds with the boundaries of the property.
H. Project Review Criteria. In reviewing an application for approval of a site
plan, the Planning Board will be guided by the existing characteristics and
conditions of the site and its surroundings, by particular design objectives of the
applicant, by the quality and distinctiveness of the proposal, by avoidance or
mitigation of any negative impacts, in accordance with Article VII: Site
Development Standards. Unless waived or otherwise modified by Planning
Board resolution as specified below, each site plan for a proposed land use
activity shall conform to the general standards listed in this Subsection H, as
applicable, and to any other requirements specifically related to a particular site
as may be identified and described in writing by the Planning Board.
1. Stormwater drainage. Adequacy of stormwater and drainage facilities,
and a stormwater drainage plan shall be provided. Natural drainageways
shall be used to the fullest practicable extent. The amount of stormwater
draining onto or across adjacent properties shall not be increased. Any
activity disturbing more than one acre of land shall be required to obtain
an SPDES Stormwater Phase II Construction Permit from the New York
State Department of Environmental Conservation.
2. Erosion control. Developments on soils which may erode, or on slopes
greater than 10%, shall include a sediment and erosion control plan
designed to minimize erosion during construction and after construction
has been completed and consideration, where feasible, of:
a. Avoiding construction upon or disturbances of hydric soils;
b. Avoiding impervious surfaces in favor of pervious surfaces;
c. Using bioengineering techniques rather than traditional
construction methods to manage water and stormwater on site;
d. Avoiding the crossing of streams and ditches with roads and
driveways; and
e. Establishing buffers along streams and other watercourses.
3. Off-street parking. Location (reverse frontage preferred), arrangement,
appearance and sufficiency of off-street parking and loading. Parking
areas, if any, shall be adequate in terms of area, safe access thereto and
surface water drainage.
4. Water and sewer facilities. Adequacy of water supply and sewage and
waste disposal facilities, and the type and design of any water supply and
sewage disposal system, shall be approved by appropriate jurisdictions.
Calculations of the existing and estimated increased loads on the system
may be required. When the proposed source of water is groundwater,
consideration of well and pump tests, the amount of any water proposed
to be used, the proposed sequestration of any amount of water, and water
April 19, 2023
18
or hydro-geological studies to determine the impact of the proposed
withdrawal of groundwater on surface waters, surface water flows,
aquifers, aquifer capacity and recharge rates, and existing users of the
same supply of water, are appropriate matters for review in the discretion
of the Planning Board where issues concerning groundwater quality and
quantity have been documented.
5. Driveways, pedestrians, and traffic. Safe and convenient pedestrian and
bicycle access and circulation, including provision for bicycle parking
facilities and sidewalks along public thoroughfares, unless applicant
demonstrates that a sidewalk is not feasible due to site constraints.
Adequacy and arrangement with vehicular and nonvehicular traffic access
and circulation, walkway structures, control of intersections with
vehicular traffic, and overall pedestrian safety and convenience, including
the adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers and
traffic controls, as well as adequacy of fire lanes and other emergency
zones. Access and egress driveways shall be clearly defined and no more
than 35 feet wide unless otherwise permitted by the NYSDOT, Tompkins
County, or the Town of Lansing. Analysis of the project's impact on
parking and traffic may be required, including sight lines at curb cuts.
6. Site lighting. All lighting to be used on a building or site shall be installed
in accord with any Town lighting requirements and in a manner as will
prevent glare on adjacent properties and roads. Wherever practical,
luminaires shall provide for glare-free, downward directed, and shielded
lighting as promotes the dark-sky standards of the International Dark-Sky
Association ("IDA"), Tucson, Arizona, including, for example, meeting the
goals and standards expressed in the "Outdoor Lighting Ordinance and
Community Standards" Information Sheet No. 172 and the IDA "Outdoor
Lighting Code Handbook." Excessive lighting for promotional or
commercial visibility purposes shall be discouraged.
7. Off-site impacts. Potential off-site impacts such as noise, odor, excess or
heavy vehicle traffic, and vibration shall be identified and proposed
measures to mitigate adverse impacts on adjacent property and the
surrounding neighborhood shall be submitted.
8. General improvement plan. Location, arrangement, size, design and
general site compatibility of buildings, lighting, and signs. Sign size and
location shall comply with Chapter 210, Signs, of the Code of the Town of
Lansing.
9. Trees and shrubs. Adequacy, type and arrangement of trees, shrubs and
other landscaping, including, where practical, a focus upon the maximum
retention of existing vegetation and considerations of visual and noise-
deterring buffers between the proposed use and adjoining uses or
properties.
10. Roads and walks. Roads, pedestrian walks, and open space for play areas
and informal recreation shall be designed as integral parts of an overall
site design, be properly related to existing and proposed buildings, roads
and pedestrian ways, and be appropriately landscaped.
11. Other regulations. All other applicable state, county and local laws,
ordinances and regulations shall be complied with. These include, but are
not limited to, Zoning, Signs, Subdivision Regulations, Stormwater
Management, Code Enforcement Local Law, and the State Environmental
Quality Review Act.
12. Impacts on unique or critical resources. Impacts upon agricultural
resources, unique natural areas, critical environmental areas, wetlands,
flood hazard zones, other unique topological, cultural, historical, and
archeological areas, including scenic resources identified in the Lansing
April 19, 2023
19
Natural Resources Inventory and Scenic Resources Inventory, and general
consistency with the Town's Comprehensive Plan.
13. Public services. Consideration of any needed or desirable public services
and public service impacts, including upon the availability of fire
hydrants, and emergency medical services, streetlighting, schools and
educational services, and public transportation services and plans.
14. Handicap accessibility of buildings, pathways, and parking in accordance
with ADA standards.
15. For new construction of multiple-unit dwellings, commercial, industrial,
and retail & service uses, adequate and appropriately located facilities for
the storage and collection of solid waste and recyclable materials shall be
required. Developers of new commercial and mixed-occupancy buildings
must design a waste management system that can support the needs of
any allowable use in the building, including those uses that could result in
maximum garbage generation. Screening of these facilities, as well as
other actions relating to the appearance of the facilities, may be required
in accordance with Article VII: Site Development Standards.
16. Shielding or reduction of noise from mechanical equipment and other
sources to the extent reasonably practicable.
17. Screening or architectural integration of a building's or structure's exterior
mechanical equipment.
18. Additional information. The Planning Board may consult with any other
Town board, commission, department, agency and/or official it deems
advisable. It may also engage the services of engineers, planners, or other
professionals to aid in the review process. All costs incurred by the Board
for such professional services shall be reimbursed to the Town by the
Applicant.
I. Approval procedure.
The following procedures are required for Site Plan Review and not required for
Site Plan Review for Certain Farm Operations:
1. Public notice by posting. At least 20 days before the first meeting at which
the Planning Board considers site plan approval, the Planning Board may
require the applicant to post a sign at the center of each property line of
the project site which fronts on a public or private roadway or public
right-of-way. Such signs shall be continuously maintained and displayed
facing the roadway until final action has been taken by the Board to
approve or deny the site plan. At the time such signs are emplaced, the
applicant or the applicant's representative shall indicate, in writing, the
date on which the signs are to be erected. Signs shall be removed within
15 days of the final action or withdrawal of the application.
2. Planning Board meeting. Following timely receipt of a complete
application for site plan approval, the Board shall schedule consideration
of the application at its earliest possible scheduled meeting. The Board
may establish its procedures and requirements, within the framework
provided by this chapter, for conducting site plan review.
3. Public hearing. Prior to rendering any decision on a Site Plan Review
application, the Board may hold a public hearing on the proposed
development. The hearing on the site plan shall be advertised in the Town
newspaper of record at least five days before the hearing. This may begin
concurrently with any required public hearing for the purpose of
environmental review of the same project and may continue after any
such environmental review public hearing is closed. Public hearings are
not required for Site Plan Review for Certain Farm Operations.
4. Action on application for site plan approval.
April 19, 2023
20
a. Within 62 days after determination of environmental significance
on a complete Site Plan Review application, the Board shall render
one of the following decisions:
[1] Approval.
[2] Approval with conditions.
[3] Disapproval of the site plan.
b. Such sixty-two-day period will be extended if the environmental
review process has not been completed and/or may also be
extended by mutual consent of the applicant and the Planning
Board.
c. If the site plan is disapproved, the Planning Boards' statement shall
contain the reasons for such findings. In such a case, the Planning
Board may recommend further study of the site plan and
resubmission.
5. Changes. Any current or future change to an approved site plan must be
reviewed and approved by the Planning Board. Failure to comply will
result in loss of permitted use.
J. Modifications of site plans. A site plan that has received final site plan
approval may be modified upon the application of the owner for such
modification. Such application shall be in accordance with the provisions of this
article and the procedures applicable to such application shall be the same as are
applicable to an initial application for site plan approval. Notwithstanding the
foregoing, Planning Board approval of a modification shall not be required if the
modification does not involve:
1. Construction of an addition of more than 1,000 square feet of enclosed
space whether on one or more stories. The numerical criteria for the
exception from the requirement of obtaining Planning Board approval are
an aggregate maximum (i.e., if a 700 square foot addition is constructed
without obtaining Planning Board approval and construction of a second
addition larger than 300 square feet would require Planning Board
approval of a modified site plan).
2. Construction or relocation of more than five parking spaces nor
construction or relocation of any parking spaces to an area that is not
adjacent to the original planned parking area; nor
3. Enlargement of an existing or previously approved building that involves
an increase of square footage of more than 15% of the existing square
footage of the existing or previously approved building; nor
4. Alteration of traffic flows and access nor a significant increase in the
volume of traffic; nor
5. A significant (in the judgment of the Zoning Officer) change in the
aesthetic appearance of any structure or site plan element, including
landscape and lighting details, from that presented at the time of the last
approved site plan; nor
6. A change in the impacts of the project on surrounding properties, such as
an increase in noise, water runoff, light illumination, or obstructions to
views; nor
7. Violations of any express conditions (including, without limitation, buffer
zones, setbacks, and similar restrictions) imposed by the Planning Board
in granting prior site plan approval; or
8. If the modification does not involve a movement or shift of a location of
one or more buildings laterally or vertically from the location or elevation
shown on the final site plan;
9. A determination by the Zoning Officer that such shift does not materially
affect the overall site layout or specific elements of the site, including
roads, traffic movements, sidewalks, parking areas, viewshed, drainage,
and buffer areas; and
April 19, 2023
21
10. Such shift does not directly violate any express conditions (including,
without limitation on, buffer zones, setbacks, etc.) imposed by the
Planning Board in granting prior site plan approval.
11. A demolition or proposed demolition of an existing building, or of a
previously approved building on a previously approved site plan, is a
modification of a site plan subject to the terms of this section.
12. Notwithstanding the other sections of this article, Planning Board
approval of a modification of a site plan shall not be required if the
modification only involves the construction, alteration, or renovation of
the interior of a building, regardless of whether a change of occupancy or
use is involved, and none of the limitations of this § 270-27 are exceeded.
M. Building permit. Before a building permit or certificate of occupancy or
certificate of compliance can be issued for any of the activities for which site plan
approval is required, a site plan must be approved by the Planning Board in
accordance with these and other applicable provisions.
N. Other Permits. An approved site plan shall be binding on all further permits
and approvals needed for the project. Compliance with other applicable state,
county and local agencies is required.
1. All required modifications or conditions established as a result of the site
plan review process shall be and be deemed conditions of the building
permit (regardless of whether expressly so stated upon any such building
permit). For projects subject to Site Plan Review, a Building Permit shall
be issued only after approval has been granted. In a case where a
conditional Site Plan Review approval has been granted, no Certificate of
Occupancy or Completion shall be issued until final Site Plan Review
approval has been granted and all conditions of such final approval have
been met. See also § 279-27(L).
2. Variances.
a. Any required variance must be obtained from the Zoning Board of
Appeals before the Planning Board will issue site plan approval.
b. Storm Water Pollution Prevention Plans (SWPPP). All Storm Water
Pollution Prevention Plans must be approved by the Stormwater
Management Officer (SMO) in accordance with § 225 before final
site plan approval is granted.
O. Expiration of site plan approvals. Once any site plan approval is issued,
whether with or without conditions, the applicant or other person or entity
claiming the benefit of such approval shall commence and substantially complete
the construction or other activities for which the site plan is applicable within
three years of the date of the resolution of the Planning Board so issuing such
approval or such site plan approval shall expire, lapse, and be of no further
validity, force or effect, unless an extension has been granted by the Board
following a written request by the applicant. If no extension is granted, the
landowner or other applicant may then reapply for site plan review, the same
shall be and be deemed a new application, and nothing in any prior site plan
review process or approval shall be binding or of precedential value with respect
to such new application or review, or as to any terms or conditions applied in
relation to the review or potential approval of such application or site plan. The
Planning Board may list such three-year commencement and substantial
completion requirement upon the face of any site plan drawing or related plat or
map, and the Planning Board may list such three-year requirements within its
approval(s) as a condition or otherwise.
1. For the purposes of this section, work is not "substantially complete"
unless, at a minimum:
(a) A building permit, if required, has been obtained;
April 19, 2023
22
(b) Construction equipment and tools consistent with the size of the
proposed work have been brought to and been used on the site; and
(c) Substantial excavation (where excavation is required) or significant
framing, erection, or construction (where excavation is not required) has
been started and is being diligently pursued.
P. Performance Guarantee.
a. No certificate of occupancy or certificate of completion shall be issued
until all improvements required by site plan approval are installed, and
including any conditions placed on such approval are fulfilled, or until a
sufficient guarantee, in the form of a performance bond, letter of credit or
other security, is in place.
b. Upon satisfactory completion of all required improvements shown on the
approved site plan, an as-built plan shall be submitted for the review and
approval of the Code Enforcement Officer at least one week prior to the
occupancy of the building. Such plan shall include the record of all
progress and final inspections for the installation of all on-site and off-site
improvements as approved by the Code Enforcement Officer or certified
by a licensed engineer. The completion of as-built plans and the successful
inspection reports shall be the basis for release of any performance
guarantee or portion thereof.
Q. Development projects may be periodically inspected for conformance to the
approved site plan, including the maintenance of the viability of the planting
required as part of the site plan approval. If there is nonconformance, or if any
conditions of SPR approval are not fulfilled, no certificate of occupancy or
certificate of completion shall be issued. Where a development reverts to
nonconformance after the issuance of a certificate of occupancy or certificate of
completion, current owners of the development shall be notified, in writing, and
given the opportunity to correct the situation. If the Director determines that the
corrective measures are inadequate, the Town shall implement any necessary
changes to the site to bring it into conformance, the cost of which shall be
charged to the property owner. All construction and site operations shall be in
compliance with the site plan.
ARTICLE VII – PRINCIPAL, ACCESSORY, AND TEMPORARY
USES
270-37: PRINCIPAL USES
A. All principal uses must comply with the standards of this section.
B. Multiple Principal Uses. A site may contain more than one principal use,
so long as each principal use is allowed in the Zoning District.
C. All uses must meet any applicable federal, state, and local requirements,
including, but not limited to, licensing, health, safety, and building and
fire code requirements.
270-37.1 Agricultural Uses.
A. Agricultural Education and Recreation Facility. Recreation, education,
and entertainment operated in conjunction with and as part of an overall
direct farm marketing strategy for an active Farm Operation or Farm
Market that contributes to the production, preparation, and marketing of
crops; livestock and livestock products; and other such agricultural events
and educational demonstrations, and the onsite preparation, processing
and sale of foods prepared from local farm products for consumption on
site and off site. An agricultural education and recreation facility may
include a community kitchen, and / or ancillary assembly or retail use.
April 19, 2023
23
B. Agriculture-Related Commerce. A retail or wholesale enterprise not part
of an active Farm Operation providing services or products principally
utilized in agricultural production, including structures, agricultural
equipment and agricultural equipment parts, batteries and tires, livestock
and livestock processing, feed, seed, fertilizer, and equipment repairs, or
providing for wholesale or retail sale of grain, fruit, produce, trees, shrubs,
flowers or other products of agricultural operations.
C. Farm Brewery. An enterprise engaged in the production for sale of beer,
licensed and regulated as such by the State of New York, and including as
subsidiary activities the sale of gifts, clothing, beverage tastings, prepared
foods and other items that promote the sale of agricultural products.
D. Farm Cidery. An enterprise engaged in the production for sale of cider,
licensed and regulated as such by the State of New York, and including as
subsidiary activities the sale of gifts, clothing, beverage tastings, prepared
foods and other items that promote the sale of agricultural products.
E. Farm Creamery. An establishment that is part of a Farm Operation where
dairy products such as milk, butter, cheese, ice cream, and yogurt are
made, processed, or prepared.
F. Farm Distillery. An enterprise engaged in the production for sale of
liquor is manufactured primarily from farm and food products, licensed
and regulated as such by the State of New York, and including as
subsidiary activities the sale of gifts, clothing, beverage tastings, prepared
foods and other items that promote the sale of agricultural products.
G. Farm Winery. An enterprise engaged in the production for sale of wine,
brandies distilled as the by-product of wine or other fruits, or fruit juice,
licensed and regulated as such by the State of New York, and including as
subsidiary activities the sale of gifts, clothing, beverage tastings, prepared
foods and other items that promote the sale of agricultural products.
H. Farm Market. Generally permanent year-round retail operations that sell
agricultural products, baked goods, and other foodstuffs. Handicrafts and
other agriculture-related products could also be sold.
I. Farm Operation. The use of land, buildings, structures (including on-farm
housing) and equipment, and the practices which support the production,
preparation, processing, marketing and transportation of grains,
vegetables, fruit, and other crops, horticultural and floricultural products,
animal husbandry (including the raising, breeding, boarding and sale of
horses, llamas and alpacas) and including commercial horse boarding
operation, livestock and livestock products, aquaculture, apiary products,
forest farming, and farm energy production from sun, wind, manure or
biomass crops.
J. Retail Garden Center. The growing, producing, storage and sale of
nursery and greenhouse stock, garden and house plants, trees and shrubs,
not part of a Farm Operation. The accessory storage and sale of seeds,
bulbs, packaged insecticides, fertilizer and other soil nutrients, mulches,
topsoil, stone, and similar materials used in the care and maintenance of
lawns, gardens and plants, in bulk or in bags shall be permitted. The
accessory sale and display of lawn chairs, tables, benches and other
similar outdoor furniture and other lawn and garden-related products
such as garden ornaments, pots and pottery products shall be permitted.
270-37.2 Civic Uses.
A. Assembly. A facility that has organized services, meetings, events, or
programs to benefit, educate, entertain, or promote discourse in a public
or private setting. Examples include community centers, meeting or
lecture halls, exhibition rooms, or auditoria. If an assembly use is ancillary
to another principal use and has a gross floor area of less than 5,000
April 19, 2023
24
square feet, it is considered part of that use and is not considered a
separate principal use.
B. Cemetery. A tract of land for the disposal or burial of deceased human
beings or remains in a grave, mausoleum, vault, columbarium, or other
receptacle. The provisions of this chapter shall apply to all cemeteries and
burial grounds including those owned by a religious corporation,
Municipal Corporation, or a cemetery corporation owning a cemetery
operated, supervised, or controlled by or in connection with a religious
corporation.
C. Lodge or Private Club. A facility for the use of a membership
organization or association with elected officers and directors, pursuant to
a charter or bylaws, that excludes the general public from its premises and
holds property for the common benefit of its members.
D. Open Space. A noncommercial site reserved for active or passive
recreation or natural resources conservation including parks, dedicated
Open Space, landscaped areas (plantings, lawns, parking lot islands), and
including sidewalks or trails used to access these areas, including
Accessory Structures accessible to the public and intended to enhance the
Open Space.
E. Place of Worship. A building or space for worship and used by an
organization that is recognized or registered as a religious institution by
the State of New York or by law. In the event of any ambiguity or doubt,
the rights and privileges afforded religious institutions and persons as
codified in federal law, and related regulations and state laws, by The
Religious Land Use and Institutionalized Persons Act (and, if applicable,
the Religious Freedom Restoration Act of 1993) shall be applied to any
such proposed land use.
F. Primary/Secondary School. A public, private, or parochial institution
offering instruction at the elementary through high school levels with a
full range of curricular and extracurricular programs and accessory uses
normally provided in support of the larger educational mission of the
institution.
G. Public Safety Facility. A facility operated by a public safety agency,
including fire stations and firefighting facilities, police and sheriff
substations and headquarters, and emergency medical services
substations.
270-37.3 Employment Uses.
A. Business Offices. A facility for the processing, manipulation, or
application of business information or professional expertise, and which
may or may not offer services to the public. A business office is not
materially involved in fabricating, assembling, or warehousing of physical
products for the retail or wholesale market, or engaged in the repair of
products or retail services.
B. Rural Enterprise. A manufacturing, construction, or service enterprise.
Types of businesses that are envisioned under the above definition
include small contractors, woodworking, metalworking and other craft
manufacturing, small auto repair and body shops, small craft bakeries and
food processors, small sawmills. Does not include retail operations.
1. Subject to Chapter 158: Outdoor Storage limitation.
270-37.4 Infrastructure Uses.
A. Alternative Energy System. Solar Energy Systems, Wind Energy
Conversion systems, and Battery Energy Storage Systems.
B. Communication Towers, subject to Chapter 119.
C. District Energy System. A community-based energy system shared by
property owners for common use, or managed by a homeowners’
association, institution, or similar organization.
April 19, 2023
25
1. All right-of-way construction and repair must be in accordance
with standards and specifications set forth by the Highway
Superintendent.
2. Any right-of-way work requires a Permit per Chapter 230: Streets
and Sidewalks.
D. Large-scale battery energy storage system. Battery energy storage
systems with an aggregate energy nameplate capacity greater than or
equal to 280 kWh.
1. Subject to § 270-35T.
2. Subject to abandonment and decommissioning requirements of §
270-35U.
E. Solar energy facility. Ground-mounted or freestanding (racking or
ballasts) solar collection devices, solar energy system related equipment,
and other associated infrastructure whose components cover a land area
greater than 10,000 square feet. The primary intention of a solar energy
facility is the generation of electricity or other conversion of solar energy
to a different form of energy for commercial or off-site sale to a public
utility, off-site users, or for placement on or delivery to the local or
regional electrical grid.
1. Subject to § 270-35R.
2. Subject to abandonment and decommissioning requirements of §
270-35U.
F. Utilities and Services, Major. Large-scale facilities that primarily serve a
regional need, which because of their scale or method of operation are
more likely to produce external impacts that are detectable beyond the
property lines of the subject property. Such facilities include, but are not
limited to, wastewater treatment plants, electric or gas generation plants,
electrical transforming substations, water pumping stations, and water
towers and tanks.
1. All structures are subject to the same bulk, area, and form
requirements as apply to Dwellings in the Zoning District where
emplaced.
2. A Type A Buffer Yard, designed per Section 270-14, is required
along interior, side, and rear lot lines that abut any lot in an AG, L1,
R1, R2, R3, or RA Zoning District.
G. Utilities and Services, Minor. Facilities and services that primarily serve
local distribution needs, including, but not limited to, water and sewer
pump stations, water conveyance stations, gas regulating stations,
telephone exchange / switching centers, and emergency communication
warning / broadcast facilities.
H. Wind energy conversion system. A wind energy conversion system that
sells its generated power, whether by wires, grid-connections, metering,
or a battery energy storage system, to a third party, and such term
includes the support tower, foundations and support cables, the nacelle
and electric generator, gearing, and braking, the rotor, blades, tail and
other associated components, the associated electric and electronic
connections, panels, boxes, controls, inverters, switches, transformers,
gates, vehicular paths, fencing, the fall zone around each tower, etc.,
whose power output is intended to be used on-site to offset on-site
consumption of utility power and off-site, including through grid
connections and the transmission or sale of energy to third parties.
1. Subject to § 270-35S.
2. Subject to abandonment and decommissioning requirements of §
270-35U.
270-37.5 Lodging Uses.
April 19, 2023
26
A. Bed & Breakfast. A dwelling that provides temporary lodging for
compensation in guest rooms with no in-room cooking facilities. A bed
and breakfast may include dining facilities and meeting rooms.
a. No more than ten (10) guest rooms are permitted.
b. Hourly rate lodging is not permitted.
c. Subject to annual fire & safety inspection.
270-37.6 Residential Uses.
A. Dwelling, Accessory. A dwelling unit associated with, subordinate in
size, and incidental to a principal dwelling on the same lot, located in
either the principal dwelling or a separate structure, intended, designed to
be used, or used, rented, leased, let, or hired to be occupied for living
purposes.
1. One accessory dwelling unit per lot.
B. Dwelling, One-Unit. Any building or structure or portion thereof that
contains one dwelling unit intended, designed to be used, or used, rented,
leased, let, or hired to be occupied for living purposes.
C. Dwelling, Two-Unit. A detached building containing no more than two
(2) dwelling units intended, designed to be used, or used, rented, leased,
let, or hired to be occupied for living purposes.
D. Residential Care Facility. A licensed care facility that provides 24-hour
medical or non-medical care to persons in need of personal services,
supervision, protection, or assistance essential for sustaining the activities
of daily living. Residential care facilities include nursing homes,
independent living, assisted living, continuum of care, and hospice
facilities.
270-37.7 Retail & Service
A. Amusement Facility, Indoor. A facility for spectator and participatory
uses conducted within an enclosed building, such as movie theaters,
sports arenas, bowling alleys, tumbling centers, skating centers, roller
rinks, and pool halls.
1. Building Area may not exceed 100,000 square feet gross floor
area.
B. Amusement Facility, Outdoor. A facility for spectator and participatory
uses conducted outdoors or within partially enclosed structures, such as
fairgrounds, batting cages, campgrounds, drive-in movie theaters, petting
zoos, golf courses, miniature golf courses, and amusement parks. Does not
include recreational vehicle parks.
1. A campground may have two but no more than fifteen camping
unit sites and may be accessible by vehicular traffic where sites are
substantially developed. Tables, refuse containers, flush toilets,
bathing facilities, and water are provided.
C. Animal Care Facility. A business providing for the care, day or overnight
boarding, grooming and/or training of dogs, cats and other customary
household pets, including veterinary offices for the immunization,
diagnosis, or treatment of customary household pets.
1. The facility and all associated runs or fenced areas must be setback
a minimum of one hundred fifty (150) feet from all Lot lines.
2. All associated runs or fenced areas shall be adequately screened by
fence, plantings, or landscaping from streets and adjacent
properties.
3. All animal wastes shall be disposed of properly to avoid odor,
diseases, and contamination of drinking water supplies.
4. Any exterior boarding quarters and exercise areas located outside
must be designed to provide shelter against weather.
D. Contractor's/Landscaping Yard. Any space, whether inside or outside a
building, used for the storage or keeping of construction supplies,
April 19, 2023
27
building materials, landscaping supplies (rock, stone, bricks, fencing,
mulch, etc.), construction equipment, machinery of vehicles or parts
thereof which are in operable condition and active in use by a construction
contractor.
1. Subject to Chapter 158: Outdoor Storage limitation.
E. Medical Clinic. A facility for physicians, dentists, chiropractors, physical
therapists, alternative medical practitioners, or other licensed healthcare
practitioners to examine and treat persons on an outpatient basis.
F. Restaurant. A business where food and beverages are prepared for and
served to patrons for consumption either on-premises or off-premises.
1. The sale of alcohol for on-premises consumption requires separate
approval as a Tavern. The sale of alcohol for off-premises
consumption requires separate approval for an Alcohol Sales
Establishment.
2. A Restaurant may include ancillary live entertainment without a
separate approval, so long as all of the following conditions are
met: no permanent space is dedicated for live entertainment; no
admission is charged for live entertainment; and when live
entertainment is offered, it is clearly incidental and subordinate to
the restaurant use.
G. Retail and Service, General. A commercial use characterized by the sale
of goods and services directly to the consumer, including but not limited
to printing, copying/mail service, department, clothing, drug, food,
hardware and similar stores and establishments and barber/beauty, dry-
cleaning and similar personal service establishments, not including
restaurants, taverns, vehicle service facilities, or vehicle sales.
H. Retail and Service, Heavy. A retail and service business with permanent
outdoor display, service, and storage areas, such as vendors of lumber and
building supplies, landscaping supplies and equipment, industrial
equipment, and outdoor structures such as prefabricated sheds, decks and
patios, swimming pools, and play equipment. This does not include a
Retail Garden Center, which is addressed by Section 270-37.1(J). This does
not include sales or service of watercraft or commercial or recreational
vehicles.
1. A Type C buffer yard, designed per Article VII Section TBD, is
required along interior side and rear lot lines that abut any lot in an
L1, R1, R2, or R3 Zoning District.
2. Any materials stored that exceed the height of the screening must
be located a minimum of 25 feet from any lot line.
I. Tavern. A business that serves alcoholic beverages for on-premises
consumption, and may or may not serve food.
1. A Tavern may include ancillary live entertainment without a
separate approval, so long as all of the following conditions are
met: no permanent space is dedicated for live entertainment; no
admission is charged for live entertainment; and when live
entertainment is offered, it is clearly incidental and subordinate to
the restaurant use.
J. Veterinary Clinic. The premises or buildings used for the diagnosis,
treatment or other care of the ailments of customary household pets or
livestock animals, which may include related facilities, such as
laboratories, offices and temporary quarters for such animals.
270-38: ACCESSORY USES
A. All accessory uses must comply with the standards of this section.
B. Accessory uses and structures are permitted as of right in conjunction
with allowed principal uses.
C. Accessory uses and structures must be:
April 19, 2023
28
1. Customarily found in association with the principal use.
2. Clearly incidental and subordinate to the principal use in terms of
area and function.
3. Located on the same site as the principal use.
D. Accessory structures:
1. Must comply with the maximum building coverage and
impervious coverage requirements of the zone.
2. Structures under 144 s.f. may encroach upon required side and rear
yards, so long as they are not expressly restricted in the standards
in Section 270-38.1.
3. Structures under 144 s.f. may not encroach upon required front
yards or forwards of the front building wall of a principal building,
unless expressly allowed in the standards in Section 270-38.1.
4. Must be located at least 5 feet from lot lines, except where there is
no required yard or where lot lines share a right-of-way line with
an alley. The standards in Section 270-38.1 may require larger
minimum setbacks for some accessory uses and structures.
270-38.1: Accessory Structures And Uses
A. Home Business. Any business or personal service carried on by a resident
of a dwelling unit, where the occupation is secondary to the use of the
dwelling unit for residential purposes.
1. A Home Business must be located within a fully enclosed building
owned or occupied by a resident of the site. A home business may
not be established prior to residential occupancy of the site by the
operator of the home business.
2. The home occupation may not exceed 35% of the gross floor area of
the principal dwelling unit.
3. There may be no change in the outside appearance of the building
or premises, or other visible evidence of the conduct of a Home
Business, except for one sign of up to two square feet in sign area,
mounted flush with and on the front facade of the building.
4. No display of products may be visible from the adjacent public
right-of-way. Direct sales and rentals of products off display
shelves or racks are not allowed, although a person may pick up an
order previously made by telephone, by internet, or at a sales
meeting.
5. No outdoor storage or warehousing of material, supplies, or
equipment is allowed on the site.
6. Vehicle repairs or veterinary hospitals or kennels are not allowed
as part of a home occupation.
B. Home Occupation. Any occupation, trade, profession, or craft carried on
by a resident of a dwelling unit, where the occupation is secondary to the
use of the dwelling unit for residential purposes.
1. Only involves persons working on the premises or routinely
operating from the premises who are permanent residents of the
dwelling.
2. Does not involve more persons regularly visiting the premises for
business purposes.
3. Is limited to only the following types of activities:
i. Office-type and telework (such as writing, editing, drafting,
tax preparation, computer programming and computer data
entry);
ii. Clerical work (such as typing, stenography, addressing and
sending mail), custom sewing and fabric crafts;
iii. Creation of visual arts (such as painting, sculpture, or wood
carving).
April 19, 2023
29
4. The home occupation must be located within a fully enclosed
building owned or occupied by a resident of the site. A home
occupation may not be established prior to residential occupancy of
the site by the operator of the home occupation.
5. The home occupation may not exceed 25% of the gross floor area of
the principal dwelling unit.
6. No business storage or warehousing of material, supplies, or
equipment is allowed outdoors on the site.
7. No processes or equipment may be used that creates heat, glare,
dust, smoke, fumes, odors, or vibration detectable off the property.
No related sound above ambient noise level is permitted that is
detectable off the property.
C. Farm Operation – Accessory Commerce
A retail or wholesale enterprise operated as an accessory use to an active
Farm Operation on the same premises selling products principally utilized
in agricultural production, limited to 1,000 square feet of Outdoor Display
or storage of products. Examples of such products include agricultural
equipment and agricultural equipment parts; batteries and tires; products
allowed to be sold by the New York State Department of Agriculture and
Markets such as farm machinery; Providing agricultural equipment
repairs; processing and packaging of food where the predominant
ingredient is not grown on-farm.
D. Non-tower-based wind energy conversion system. A wind energy
conversion system that is not based upon or located upon a tower, such as
rooftop horizontal turbines, vertical flute or "candy cane" poles under 30
feet tall, or wind trees.
E. Outdoor Display. The outdoor display of products actively available for
sale. Outdoor display does not include vehicle sales, which is considered a
principal use.
F. Roadside Stand. A stall or booth used for commercial purposes, where
farm or other products are offered for sale on a seasonal basis.
1. Building Permit required over 144 g.s.f. per § 108-4B(1)
2. Not exceeding 300 square feet of enclosed space; majority of
products must promote the sale of local farm products. (§ 270-28H)
G. Small-scale battery energy storage system. Battery energy storage
systems with an aggregate energy nameplate capacity less than 280 kWh.
H. Small-scale solar energy system. A building-mounted solar energy
system whose photovoltaic components occupy an area greater than 150
square feet on any code-compliant structure, or a ground-mounted solar
energy system whose components cover a land area less than 10,000
square feet and whose energy output is primarily for on-site consumption.
Small-scale solar energy systems may generate energy in excess of the
energy requirements of a property if it is to be sold back to a public utility
or placed on or delivered to the local or regional electrical grid
270-39: TEMPORARY USES
Intent: Uses that are established for a fixed period because they are generally not
appropriate on a long-term or continuous basis.
A. All temporary uses and buildings must comply with the standards of this
section.
B. No temporary use may be established on a public right-of-way or public
park without the authorization of the Town Board.
C. Temporary uses that require a temporary use permit are subject to the
following general requirements, as applicable:
1. If the operator of the temporary use is not the owner of the site
where the temporary use will be located, written permission from
the property owner is required.
April 19, 2023
30
2. The operator of the temporary use must ensure adequate traffic
control, emergency vehicle ingress and egress, provision for
trash/recycling and sanitary facilities, and measures for security
and crowd control, as necessary.
3. All temporary buildings must be cleared from the site within 72
hours after the use is terminated, unless an exception is granted by
the Code Enforcement Officer.
4. A Site Plan may be required, where applicable, to demonstrate
compliance with this Land Use Code and all other requirements.
5. 180 day limit per Building Code for other than Farm Operation.
D. No temporary use may result in adverse effects upon the public health,
safety, and welfare, as determined by the Code Enforcement Officer.
270-39.1: Temporary Uses, Permit Required
The following temporary uses are allowed subject to approval of a temporary use
permit issued in accordance with Section TBD: Administration and Approvals.
A. Storage Container: A standardized, re-sealable article of transportation
equipment, including one on a chassis, that is designed for repeated use
to facilitate unitized freight handling by one or more means of
transportation. Includes but is not limited to intermodal shipping
containers.
1. The placement or use of storage containers, for permanent use as an
accessory storage building shall be prohibited in all Zoning
Districts. Storage containers are allowed by right only for the
storage of hay, other agricultural commodities, or farm equipment
in an amount and scope directly related to the production function
of a Farm Operation.
2. The placement or use of storage containers, as temporary storage,
shall be permitted under the following circumstances:
a. A structure is undergoing construction, repair,
alteration, or reconstruction, for which a building
permit has been issued. Permitted in conjunction with
Temporary Dwelling. The storage container shall be
removed from the premises upon issuance of a
Certificate of Occupancy or a Certificate of
Compliance, or such time as the Code Enforcement
Officer deems the project complete.
b. The storage container is being used to store household
belongings in connection with a disaster, i.e., fire,
flood, etc. The storage container shall be removed from
the premises upon issuance of a Certificate of
Compliance, demolition of the structure, or such time
as the Code Enforcement Officer deems the project
complete.
3. At the discretion of the Code Enforcement Officer, for extenuating
circumstances, and/or limited time periods.
4. Storage containers shall not be placed in an area of special flood
hazard.
5. Storage containers shall not be stacked above the height of a single
container.
6. Storage containers shall not be used for the placement of signage
or advertising.
7. Temporary permit approval criteria:
a. A narrative statement detailing the anticipated dates
for emplacement and removal of the storage
containers.
April 19, 2023
31
b. A detailed list of all material and amounts of materials
to be stored in the containers and the material data
sheets applicable to any materials to be stored.
c. A site plan, drawn to scale, of the entire parcel showing
all existing structures and the location of the proposed
temporary uses giving the distances to all property
lines and existing structures. Storage containers shall
meet the setback requirements for accessory structures,
for the zoning district in which they are being placed.
d. A maximum of four (4) storage containers shall be
permitted under a temporary use permit.
e. Storage containers may be placed for not more than
four (4) months in any twelve (12) month period.
f. A portable fire extinguisher is required to be mounted
in each storage container on site. The minimum size
extinguisher shall be a two and one-half (21⁄2) pound,
handheld extinguisher, compatible with the materials
or products being stored.
g. Storage containers shall not be placed so as to pose a
fire hazard to a permanent structure, restrict exit
discharge or access to the public way, or restrict fire
department access to the perimeter of the structure
where storage containers are located.
B. Contractor Trailer. A mobile home, travel trailer, truck trailer, or other
structure used as an on-site management or marketing office in conjunction
with a construction project.
1. Contractor trailers are allowed only in connection with active
construction activities and must be removed once the building
permit expires or terminates.
2. Sleeping or cooking facilities within the trailer are prohibited.
3. No trailer may be used as the main office or headquarters of any
firm.
C. Temporary Occupancy of Permanent Building. The temporary need to
establish and occupy a temporary dwelling unit or premises, including
special consideration where a natural disaster or Emergency (defined in
Chapter 112) situation has the existing dwelling house unsuitable for
habitation.
1. Also includes a dwelling unit within a development project as a
sales or rental office or as a representative unit for units located on-
site.
270-39.2: Temporary Uses, Temporary Use Permit Not Required
A. Agricultural Events. On-farm events, including, but not limited to, farm
tours, hayrides, corn mazes, seasonal petting farms, educational
demonstrations, harvest festivals, and classes related to agricultural
products or skills offered in conjunction with the above. Events must be
directly related to the sale and promotion of the crops, livestock and
livestock products produced at the farm; incidental and subordinate to the
retail or wholesale sale of the farm’s crops, livestock and livestock
products; hosted by the farm operation; and prominently feature the
farm’s crops, livestock and livestock products at all locations in which the
event is conducted on the farm.
a. Agricultural Events are subject to Chapter 174: Public Assembly.
B. Garage Sale. A temporary estate, garage, or yard event for the sale of
miscellaneous household goods or personal articles.
a. Limited to a maximum duration of three consecutive days, three
times per calendar year.
April 19, 2023
32
E. Temporary Signs, per Chapter 210.
CHAPTER 270. ZONING
ARTICLE VIII. SITE DEVELOPMENT STANDARDS
§ 270-40. GENERAL PROVISIONS.
A. Intent. The intent of this Article VII is to protect the existing character
and visual appeal of the built environment in the Town of Lansing, to
promote the orderly development of attractive public spaces as
business expansions and new development occurs and to screen
incompatible views and uses from view of the public and secure a
quality public realm for the enjoyment of residents and visitors
effectively and appropriately.
B. Authorization: Landscaping and buffering are permitted in any Zoning
District. When required by this section in conjunction with a particular
use, said landscaping and buffering shall be deemed to be a mandatory
element of any permit granted for said use. All required landscaping
must be maintained by the property owner and any damaged or dead
plant materials, fence or structure shall be replaced by the property
owner. The Code Enforcement Officer may send a notice to the
property owner if the required landscaping or screening is found to be
deficient.
C. Definitions: When used in this section, the following words and terms
shall have the meanings herein assigned:
Arterial Streets and Highways: Those ways used primarily for fast or
heavy traffic generally having a right-of-way width of 80 to 120 feet. An
example is NYS Route 34 or 34-B.
Berm: An earthen mound designed to provide visual interest, screen
undesirable views and/or decrease noise.
Buffer: A combination of physical space and vertical elements, such as
plants, berms, fences, or walls, the purpose of which is to physically
separate and visually screen incompatible land uses from each other.
Deciduous: A plant with foliage that is shed annually (e.g., Maple).
Evergreen: A plant with foliage that persists and remains green year-
round (e.g., Pine).
Ornamental Tree: A deciduous tree planted primarily for its ornamental
value or for screening purposes which tends to be smaller at maturity
than a shade tree (e.g., Crab Apple).
Screen: A method of reducing the impact of noise and unsightly visual
intrusions with less offensive or more harmonious elements, such as
plants, berms, fences, walls, or any appropriate combination thereof.
Shade Tree: Usually a deciduous tree, rarely an evergreen, planted
primarily for its high crown of foliage or overhead canopy (e.g., Norway
Maple).
Shrub: A woody plant, smaller than a tree, consisting of several small
stems from the ground or small branches near the ground. It may be
deciduous or evergreen.
Specimen Tree: A particularly impressive or unusual example of a
species due to its size, shape, age, or any other trait that epitomizes the
character of the species.
Tree: A large, woody plant having one or several self-supporting stems
or trunks and numerous branches. It may be classified as deciduous or
evergreen.
Woodlands, Existing: Existing trees and shrubs of number, size and
species that accomplish the same general function as new plantings.
§ 270-40.1 Landscape Plan.
April 19, 2023
33
A. All developments subject to Site Plan review (270-27) must submit a
landscape plan. Where developments involve either 10,000 square feet
or more of development area or construction or reconstruction of a
parking lot containing 20 or more spaces, the landscape plan must be
stamped by a New York State licensed landscape architect. Single-unit
dwellings, two-unit dwellings, and multi-unit dwellings of three units
or less, are exempt from this requirement.
B. A landscaping plan shall include the following:
1. Description of the site, including location, general type and
quality of existing vegetation, including specimen trees.
2. Existing vegetation to be saved.
3. Methods and details for protecting existing vegetation during
construction and the approved sediment control plan if one is
required by state DEC regulations.
4. Location and labels for all proposed plants.
5. Plant lists or schedules with the botanical and common names,
quantity, spacing and size of all proposed landscape material at
the time of planting.
6. Location and description of other landscape improvements, such
as earth berms, walls, fences, screens, sculptures, fountains,
street furniture, lights and courts or paved areas.
7. Planting and installation details as necessary to ensure
conformance with all required standards.
§ 270-40.2 Landscape Installation.
A. Plant materials must be installed in accordance with the latest edition
of the American Standard for Nursery Stock published by the
American Nursery and Landscape Association (ANLA).
B. Plant materials must be installed in soil of sufficient volume,
composition, and nutrient balance to sustain healthy growth.
C. Prior to a certificate of occupancy being granted, all landscape required
by this section must be installed. However, where required landscape
cannot be installed because of seasonal weather conditions, a certificate
of occupancy may be issued by the Code Enforcement Officer provided
that the applicant produces a contract for the landscape work to be
completed within nine months of the issuance of the certificate of
occupancy.
§ 270-40.3 Landscape Maintenance.
1. All plant materials must be maintained in a healthy, growing condition.
2. Any landscape that is considered hazardous or unsafe, interferes with
public utilities, conflicts with required corner visibility, obstructs
pedestrian or vehicular access, constitutes a traffic hazard, or is listed as
an invasive species by the New York Invasive Species Council, must be
abated by the property owner as soon as practicable or within 30 days
of notice by the Code Enforcement Officer.
§ 270-40.4 Buffer Yards.
A. Buffer Yard Parameters
1. A buffer yard is determined exclusive of any required front,
corner side, interior side, rear, or waterfront yard. However,
the buffer yard may be located wholly or partially within
required yards.
2. A buffer yard must be located within the outer perimeter of the lot,
parallel to and extending to the applicable lot line. A buffer yard
may not be located within the adjacent public right-of-way.
3. Where a fence and landscaping are required within the buffer yard
in accordance with Table: Buffer Yards, the fence must be
positioned interior to the landscaping, except for buffer yards along
April 19, 2023
34
an interior side or rear lot line, where fences must be positioned
exterior to the landscaping. However, the Planning Board may
adjust the positioning of a fence within a buffer yard to better
mitigate potential impacts between the proposed project and
adjacent properties.
4. No building, accessory structure, or vehicle parking, may
encroach upon a buffer yard, with the following exceptions:
a. Pedestrian and vehicle access points, plus related signs, may
encroach upon a buffer yard.
b. Where a proposed project is subject to Site Plan review, per
Section 270-37, the Planning Board may allow a building or other
structure to be located within a required buffer yard, where it
finds the building or other structure would better mitigate
potential impacts between the proposed project and adjacent
properties. This exception does not allow for the waiver by the
Planning Board of any other required yard, per the applicable
Zoning District regulations.
5. A natural, pre-existing grade separation may be conserved, or a
man-made berm retained or installed, in lieu of a fence or wall to
the extent that the height of the berm or preexisting grade
separation meets the minimum required height of the fence or
wall.
B. Buffer Yard Landscape
1. Required buffer yard landscape must be of the following
dimensions at installation:
a. Shade trees must be of a minimum caliper of two inches.
b. Ornamental trees must be of a minimum caliper of one and
one-half inches.
c. Shrubs must be of a five-gallon container minimum.
2. Pre-existing, equivalent vegetation that is conserved within the
buffer yard may substitute for any required landscape
installation, so long as the pre- existing vegetation is healthy and
growing.
3. Any required trees or shrubs may be installed at varying distances
to create a naturalistic landscape design, so long as the per linear
foot requirement is applied as an average, and the landscape is
arranged so as to provide sufficient screening.
4. Buffer yards must be integral, where possible, with on-site
stormwater management facilities.
5. All required plant materials within the buffer yard must be
maintained in a healthy, growing condition over their lifetime, or
replaced where necessary.
6. Except as it relates to the required height of fences and walls for
buffer yards, fences and walls must be installed and maintained in
accordance with Section 270-40.5(L).
§ 270-40.5 Fences and walls.
A. Except as otherwise specified in other provisions of this chapter, fences
and walls up to six feet high are permitted as of right in all zones and in
all locations, including yards, setbacks, and buffer areas.
B. A fence or wall may be built up to a common lot line but may not
encroach on the adjoining property nor interfere with adequate sight
distance for vehicles exiting from driveways on the parcels sharing
common lot lines.
C. Fences and walls are not allowed within public road right-of without
the written permission from the public entity that holds the right-of
way and, when required, applicable roadway use or construction
permits, licenses, and the like
D. Fences and walls must be constructed of permanent, durable materials,
April 19, 2023
35
such as brick, stone, concrete, textile block, wood, iron, or steel. Vinyl or
chain link fence materials are not allowed in the L1, R1, R2, or R3
Zoning Districts.
E. No fence or wall may be constructed of barbed wire, concertina wire,
razor wire, electrically charged wire, railroad ties; standard, fluted, or
split face concrete masonry units (CMU); scrap metal, tarps, or any
other material determined by the Code Enforcement Officer to be
detrimental to the public health, safety, and welfare. This restriction
does not apply to lawful Farm Operations. Security fencing for
commercial applications may be topped with barbed wire or equivalent
if the Code Enforcement Officer determines it is not detrimental to the
public health, safety, or welfare.
F. The height of all fences and walls is measured from the average
ground level within two feet of the base of the fence or wall. An
additional one foot of height is allowed, above the maximum
permitted height, for posts, columns, light fixtures, or other decorative
details.
G. Deer fences up to ten feet in height are permitted as of right in all zones
and in all locations, including yards, setbacks and buffer areas. (See
definition for deer fencing.)
H. Fences and walls up to eight feet in height are permitted as of right in
all locations, including yards, setbacks and buffer areas, for lawful Farm
Operations.
I. An open fence enclosing a tennis, basketball, pickleball, or other
recreational court may be erected to a maximum of 12 feet in height,
irrespective of the above standards.
J. Fences shall be erected with the finished side (if any) facing the road
and abutting properties, and with backers, supports, and posts on the
inside of the fence, unless they constitute an integral part of the
finished side, or unless the fence is of the type that requires posts to
be placed in an alternating pattern inside and outside the fence to
maintain stability.
K. Fence and wall heights shall be measured vertically from the natural
grade to the top of the fence or wall at each point along the fence or
wall.
L. Maintenance. Fences and walls, including supports, must be maintained
in a proper state of repair. Any damage to or deterioration of a fence or
wall, whether due to vandalism, weather, age, loss of mortar, or peeling
paint, must be repaired as soon as practicable or within 30 days of
receipt of notice from the Code Enforcement Officer.
§ 270-40.6 Retaining Walls.
A. Except as otherwise specified in other provisions of this chapter,
retaining walls are permitted as of right in all zones and in all
locations, including yards, setbacks, and buffer areas (subject to the
above rules in § 270-40.5).
B. A retaining wall may be built up to a common lot line but may not
encroach on the adjoining property nor interfere with the adequate
sight distance for vehicles exiting from driveways on the parcels
sharing the common lot line.
§ 270-40.7 Lighting Plan.
A. All developments subject to Site Plan review per Section 270-27 must submit
a lighting plan, stamped by a New York State licensed engineer or other
qualified professional, demonstrating compliance with this section. Single-unit
dwellings, two-unit dwellings, and multi-unit dwellings of three units or less,
are exempt from this requirement.
B. The submission shall contain but shall not necessarily be limited to the following:
1. Plans indicating the location on the premises, and the type of
April 19, 2023
36
illuminating devices, fixtures, lamps, supports, reflectors, and other
devices;
2. Description of the illuminating devices, fixtures, lamps, supports,
reflectors and other devices, and their lumen output. The description may
include, but is not limited to, catalog cuts by manufacturers and drawings
(including sections where required);
3. Photometric data, such as that furnished by manufacturers, or similar
data showing the angle of cut off or light emissions, and the lumen
output.
C. Additional submission. The above-required plans, descriptions and data shall be
sufficiently complete to enable the Code Enforcement Officer or board to
readily determine whether compliance with the requirements of this chapter will
be secured. If such plans, descriptions and data cannot enable this determination,
by reason of the nature or configuration of the devices, fixtures, or lamps
proposed, the applicant shall submit additional evidence of compliance to
enable such determination, such as certified test reports by a recognized testing
laboratory.
D. Lamp or fixture substitution or addition. Should any outdoor light fixture, or
the type of light source therein, be changed or added after the permit or
approval has been issued, a change request must be submitted to the
Enforcement Official for approval, together with adequate information to
assure compliance with this chapter. Approval must be received prior to
substitution or addition.
§ 270-40.8 Parking
A. The intent of this Article VII is to ensure that all nonfarm land use
activities in the Town of Lansing be provided with sufficient and safe
off-street motor vehicle parking and loading space to adequately serve,
and meet the needs of, persons associated with such land use activities.
The requirements of this article do not apply to agricultural land uses.
B. Off-street parking requirements.
1. Required spaces. There are no provisions that establish a minimum
number of off-street parking spaces for development. However,
development proposals subject to Site Plan review (270-27) are
required to provide off- street parking as determined by the
Planning Board. Where provided, off- street vehicle parking must
comply with the standards of this section.
2. Size and access. Each required off-street parking space shall have a
dimension of at least nine feet by 18 feet exclusive of passageways
and driveways thereto. Each such space shall have direct and usable
access to a road, designed and located so as not to require the
backing of any vehicle into a road right-of-way, except that this
provision shall not apply to one- and two- unit dwellings.
C. Parking in yards. Off-street parking space, open to the sky, may be
located in any yard area required by Schedule III[2] of this chapter,
except that:
1. No more than 50% of the area of any required front yard may be
used for parking.
2. No parking space may be located less than 10 feet from any
property line of an adjacent residential lot.
3. For nonresidential land use activities, all front yard area not used for
parking or access shall be improved by grass, trees, shrubs or other
forms of landscaping.
D. Screening and landscaping. For nonresidential land uses in lake shore
and residential districts (L1, R1, R2 and R3 Districts), off-street parking
areas adjacent to an existing residence shall provide for a buffer yard
designed to screen the parking area from such adjacent residence.
E. Parking area lighting. If an off-street parking area is to be lighted, such
illumination shall be designed using cutoff fixtures, or equivalent,
installed so that light does not create glare onto adjacent residential
properties or onto any adjacent roadway. Wherever practical,
April 19, 2023
37
luminaires shall provide for glare-free, downward directed, and
shielded lighting as promotes the dark-sky standards of the
International Dark-Sky Association ("IDA"), Tucson, Arizona, including,
for example, meeting the goals and standards expressed in the "Outdoor
Lighting Ordinance and Community Standards" Information Sheet No.
172 and the IDA "Outdoor Lighting Code Handbook." Excessive lighting
for promotional or commercial visibility purposes shall be discouraged.
F. Off-street loading requirements.
1. Location and size. All required off-street loading berths shall be
located on the same lot as the land use activity to be served, shall
not be located in any front yard area or located on a front facade
and shall be at least 12 feet in width and 35 feet in length.
2. Space requirements. Areas for off-street loading shall only be
required in commercial and industrial districts and only when
necessary to provide adequate service. Unless modified by the
Zoning Board of Appeals, one loading space shall be provided
for each 15,000 square feet of floor area or major fraction thereof.
§ 270-41. VARIANCE.
In case of practical difficulty or unusual conditions arising out of the requirements of
this article, such requirements may be modified or waived through an application to the
Zoning Board of Appeals for an area variance in accordance with the provisions of §
270-55 of this chapter.
April 19, 2023
38
PRIVILEGE OF THE FLOOR – GUIDELINES
Available on Town of Lansing website and as a handout.
The public shall be allowed to speak only during the Public Comment / Privilege of the
Floor period of the meeting, or during public hearings, or when they have reserved and
been granted time upon the agenda.
Speakers must be recognized by the presiding officer (or his or her designee) and step to
the front of the room.
Speakers must give their name and state whether they are speaking as a resident, a
member of the public, or for any other person or organization.
April 19, 2023
39
Speakers must limit their remarks to 3 minutes, and comments unrelated to the subject
matter of the public hearing are not allowed.
Speakers may not yield any remaining time they may have to another speaker.
With the permission of the presiding officer a Board or committee member may interrupt
a speaker for the purpose of clarification or information (and not for any other reason or
to debate or disagree). Such time shall not be counted against the speaker’s 3-minute
limit.
All remarks shall be addressed to the Board or committee as a body and not to any
member thereof, nor to any member of the public whether present at such public hearing
or not.
Speakers shall observe the commonly accepted rules of courtesy, decorum, dignity and
good taste.
Interested parties or their representatives may address the Board by written
communications. Written documents and evidence may be submitted as part of the
record of the public hearing.
Persons who exceed 3 minutes, violate rules of courtesy, decorum, dignity or good taste,
or deliberately or by their behavior interfere with other person’s right to comment or
participate in the public hearing, or who deliberately or by their behavior interfere with
governmental administration will be cut off, removed, or have non-recognized comments
removed from the record, or any combination of the above. Before a comments or
statements will be excised from the record, the speaker will be verbally warned that they
are in violation of the rules for this public hearing.
PRIVILEGE OF THE FLOOR – COMMENTS
One Town landowner stated the following regarding 2 Auburn Road:
• Trash is collecting there – unsightly
• What is Town plan of cleanup
• Willing to assist with cleanup
• Could cleanup be a youth or community project
One resident stated the following about Emilie Jonas Falls Trail:
• Working on a subdivision with Planning Board
• Willing to re-donate the trail back to the Town of Lansing with an easement
Supervisor Ed LaVigne stated the following regarding 2 Auburn Road:
• Town is getting bids on demolition of the house
o Everything will be cleaned up at that time
LANSING COMMUNITY LIBRARY REPORT – CHRISTINE EISENHUT
Submitted the following report to the Town Board and it was included in the meeting
packet which was available on Town of Lansing website and as a handout.
TOWN BOARD UPDATES
FROM THE LANSING COMMUNITY LIBRARY
April 2023
1. The LCL Annual Meeting of the Board of Trustees will take place on Monday,
April 24th at 7pm. The Annual Budget Vote will take place on Tuesday, April
25th from 10:00am – 7:00pm. Absentee ballots are available at the Circulation
Desk.
2. The winner of the Summer Reading Logo Contest will be announced at the
Annual Meeting.
April 19, 2023
40
3. The After School Expeditions for 5/6th graders will be on April 25th from 3:00-
4:30pm. Registration is required.
4. For the Love of Birds: A Presentation by Tracy McLellan will take place on
Thursday, April 27th at 7:00pm. Registration is required.
5. During April, the library will be displaying the photography of Bruce Barber.
6. The library now has a mobile wireless hotspot available for check out.
7. Storytime is on Thursdays at 10:30am with Ms. Shelley.
8. Instructor John Burger hosts T’ai Chi classes at the Community Center on
Fridays from 10:30-11:30am.
9. Learn to play American Mah Jongg every Tuesday at 10:15am.
10. Play American Mah Jongg every Wednesday from 1:00-3:00pm.
11. The library continues to provide free delivery to Woodsedge.
12. The library has an Empire Pass and passes to the Museum of the Earth and the
Cayuga Nature Center available for check out. Board games, puzzles, story time
kits, and STEAM kits are also available.
13. The library continues to distribute free self-test COVID-19 kits, antibacterial
wipes and N95 masks to Lansing households.
14. The LCL’s Wi-Fi is not password protected. The community is welcome to
park in the lot to access the Internet.
LANSING YOUTH SERVICES REPORT – RICK ALVORD
Submitted the following report to the Town Board and it was included in the meeting
packet which was available on Town of Lansing website and as a handout.
Lansing Youth Services
Town Board Report
April 2023
Outdoor Adventure: Outdoor Adventure has finally returned to Salmon Creek and the
home base students have been working since last fall. The landscape is new and exciting
with many downed trees from a storm and the group has been loving the new shelter
environment. The group has made fire with matches and a ferro rod, and cooked tasty
treats over the fire. Spring animals have been observed and tracked along Salmon
Creek’s shore, examples include; raccoon, mink, and some canine tracks. The group also
gave a tour of the area to our new Rural Youth Services staff members and provided lots
of laughs along the way! 13 youth served.
“Wing-it” Wednesday’s: “Wing-it” Wednesdays is a new rendition of our student led
program. The group gets to plan for the following week and enjoy the fruits of their labor
from the week before. So far, students have planned and executed an Ice Cream Sundae
day, Board Game day, and an Open Gym day. Future plans from the brainstorming
sessions include, but are not guaranteed, or limited to: trip to Florida, meet the cast of
Stranger Things, go to The Rink, go to Hawaii (among many other tropical destinations),
and collect food donations for people in need. 16 youth served.
Dungeons and Dragons: Dungeons and Dragons now has two Dungeon Masters as the
group was too large for one campaign! Participants have been loving their fast character
creations this round and have gotten into the journey early. The groups are split based on
experience, allowing for beginners to gain experience and the seasoned players to dive
deep into their quest. Both Dungeon Masters have catered their campaign well to their
April 19, 2023
41
respective groups, all while maintaining some cohesiveness between the storylines to
allow for occasional combined battles. 15 youth served.
Iron Chef- Italy: Iron Chef - Italy is all about making Italian food for the greater good
of the group. The program is focused on preparing for this year’s Lansing Youth
Services Family Dinner. Participants are making ziti prior to the event to place in
freezers, prepping the salad materials, planning for the evening’s logistics, and creating
decorations for the Lansing Community Center, where the dinner will be held. 16 youth
served.
Youth Employment: Youth Employees are wrapping up their Ice-Skating season with
the Lansing Recreation Department and setting their sights on the summer. Three
assistants have been busy with all Lansing Youth Services programs where Dungeon
Masters are in their element, and the teen assistant has been doing great with assisting
activities and heading up snack distribution. Two teens are assisting teachers at Lansing
High School and the Lansing Public Library group has stayed consistent, with a little
variation in schedules due to school sponsored events. 18 youth served.
TOMPKINS COUNTY LEGISLATOR REPORT – MIKE SIGLER
Reviewed the following report which was a handout.
Tompkins County Legislator
Michael Sigler
April 2023
Hello and thank you for having me again.
Next week there will be flood map presentations by FEMA. While the impact is bigger
in Ithaca, about 40 homes in Lansing are now in flood zone. If those folks have a
mortgage they’ll have to pay for flood insurance. Here are the addresses:
Lansing Station Rd – Jose Torres
271 Lansing Station Rd
457 Lansing Station Rd
361 Lansing Station Rd
403 Lansing Station Rd
409 Lansing Station Rd
429 Lansing Station Rd
242 Bill George Rd
36 Mill St
55 Salmon Creek Rd
101 Salmon Creek Rd
192 Salmon Creek Rd
188 Salmon Creek Rd
166 Salmon Creek Rd
180 Salmon Creek Rd
184 Salmon Creek Rd
176 Salmon Creek Rd
146 Myers Rd
137 Myers Rd
1166 East Shore Dr
If you have questions, please call the Town. I have been working on a plan to mitigate the
size of the new floodplain downtown as there we’re looking at 850 buildings affected and
the Lansing homes will be harder to shore up against flooding. There will be an appeal
process and I hope folks with questions will go to the meetings, Wednesday the 26th from
4:30 to 8:30 at the Ithaca High School Cafeteria and Thursday the 27th from 4:30 to 8:30
at the Tompkins County Whole Health Building at 55 Brown Road, Ithaca.
April 19, 2023
42
Last night the County voted to postpone the proposed Strategic Tourism Planning Board
Budget. The proposal squeaked by with one vote. The postponement came because some
legislators want to see if it’s legal for the County to reach into the room tax and refund
itself money it gave to the STPB in 2021 to keep some of the arts community running
when they were forced to close. I voted against postponement because I don’t need the
legal opinion since I’d be against clawing back the money.
I argued that $500,000 investment led to a faster bounce back in the hotel stays which has
led to an almost doubling of the room tax. That room tax is supposed to go to promote
tourism and I feel the STPB, a decades old advisory committee, is best positioned to
advise how to spend that tax. I do not want to send that $500,000 back to the County to
be lost in the general fund, potentially robbing the arts of that money. In a time where we
all feel very fractured, separated, the arts are one of the elements that binds us as a
society. There’s no other way in my mind to look at this as a cut to the arts regardless of
it being characterized differently.
We are expecting a plan from the City tonight that will address the homelessness
situation in the City. How the County will be involved remains to be seen. We have a
loose plan from the Continum of Care. I say loose, not because it’s not detailed, it is.
But there’s no plan on how to get to and meet some of the benchmarks. In it there’s a
call for a wet shelter. I’ve been looking into that and believe I can secure a building for
that with single room occupancy upstairs. I’ll let you know how that goes.
We have our budget retreat next week where we’ll set a target for 2024. There’s a lot of
talk about an impending recession so I expect calls for a leaner budget than 2023.
Surprising to some, I may not be in that camp. I’ll let you know how that discussion
goes.
The Tompkins County Ethics Advisory Board (EAB) has issued an Advisory Opinion in
response to a complaint letter received in May of 2022 containing allegations regarding
Reimagining Public Safety initiatives at the City of Ithaca and Tompkins County. The
Advisory Opinion was issued by a vote of 4-0, with Chair of the EAB Rich John
abstaining.
In closing, the County is reallocating about ½ a million dollars from the community fund.
We’re now choosing where that money will go. Those legislator rating submissions,
from about 30 previous applicants, are due Friday so I’ll be turning that in tomorrow.
I’ve found myself very supportive of ReUse, Chamber of Commerce, Shortstop Deli, and
a project in Enfield.
Thank you for having me.
HIGHWAY REPORT – MICHAEL MOSELEY
Submitted the following report to the Town Board and it was included in the meeting
packet which was available on Town of Lansing website and as a handout.
HIGHWAY REPORT
April 2023
Winter Maintenance
• Crew worked on maintaining trucks and plows for snow and ice removal
• Although this winter has granted us with a small amount of snow, the Highway
crew has needed to spend multiple hours and days to treat roadways due to the
numerous (and lengthy in duration) sleet and ice events
• Maintained roads during snow and ice events
Road Maintenance
• Began road right of way restoration from plow damage
• Started prepping roads for paving projects
April 19, 2023
43
Water
• Consolidated Water District maintenance
Tree & Brush Maintenance
• Tree & brush maintenance along roadside to aid line of sight
• Right of way tree maintenance
Miscellaneous
• No new updates from Stopen Engineering regarding Ludlowville Rd. (Crooked
Hill)
• Working with Town Counsel and Town Engineer regarding NYSEG monopole
• Attended 7 committee meetings
• Worked with engineering on capital improvements to Consolidated Water District
• Superintendent attending continuous education classes with TC3
• Highway and Park and Recreation Departments completed required PERMA
training, along with 6-hour driver safety course
Mike also reported:
• 2 Auburn Road
o He will help the Town Code Enforcement Officer with the procurement
policy/demolition on this property
o For health reasons, people should not go on this property
• Ludlowville Road (Crooked Hill)
o Still working with Town Engineeer
o Will contact Stopen Engineering directly
Supervisor Ed LaVigne stated he is looking into Department of Public Works for the
Town. Councilperson Joseph Wetmore will work on this.
PARKS AND RECREATION REPORT – PATRICK TYRRELL
Submitted the following report to the Town Board and it was included in the meeting
packet which was available on Town of Lansing website and as a handout.
Parks & Recreation
April 2023
Town Board Meeting
RECREATION
▪ LBP and LSP started on Monday, we have a great turnout with more participants
than we have had in two years.
▪ Our Summer Program booklet is now available, we have an outstanding list of
programs.
▪ Spring BBQ season has begun, watch our sign for dates.
▪ Field prep has started for the season, we have mowed twice already.
▪ Our competitive swim program is going very well, we hosted another meet
April 1st.
▪ Cornell Design Connect gave a presentation on the trail work they have been
doing for us and have done an outstanding job. We look forward to working with
them in the future.
▪ We have applied for the County Parks & Trails Grant for a piece of playground
equipment and wildflower seed for the ditch along the ballfields and in front of
the Baker BBQ Pavilion.
▪ We ordered lights for the Town Hall parking lot and plan to get them installed
soon.
April 19, 2023
44
PARKS
▪ Boats are beginning to come into the marina for the season.
▪ We have begun Spring clean-up at Myers Park. Restrooms will be open the last
week of April.
▪ The wall around Town Hall has been completed, Katrina Binkewicz will be
planting flowers soon.
▪ The music in the park schedule has been finalized. The schedule is available
online or in our office.
▪ I heard from NYS Parks about our grant and had to send them more documents,
so things are still moving along.
▪ We spent several days last week cleaning up brush and overgrown trees in
Ludlowville. The park looks great.
Supervisor Ed LaVigne stated the wall by the Town Hall building looks great.
Pat also reported:
• He thanked his staff
• Now there is sound in the room, YouTube and Zoom
• He thanked Cornell Design Connect for their work on the trails
Emilie Jonas Falls:
Supervisor Ed LaVigne stated he is concerned with people’s safety at Emilie Jonas Falls.
Pat stated the Youngs are open to give an easement to the Town, other property owners
are not.
DIRECTOR OF PLANNING REPORT – JOHN ZEPKO
Submitted the following report to the Town Board and it was included in the meeting
packet which was available on Town of Lansing website and as a handout.
Planning & Code Enforcement
John Zepko, Acting Director, CPESC, CFM
Reporting Period March 2023
CORE PLANNING FUNCTIONS
• General Admin
o Resolutions appointing Heather Dries as a Code Enforcement Officer
Trainee and appointing Chelsie Radcliffe-Denman as Information Aide to
Planning & Code Enforcement are in front of the Town Board for
consideration this month.
o Conducted multiple staff meetings to discuss procedures, policy changes,
and long term department strategy as well as opportunities for
improvement of same.
• Planner conducting classification and review of development applications
• Planning Board staff support
• Zoning Board of Appeals staff support
• Hazard Mitigation Planning
o 29 March – Attended quarterly Hazard Mitigation meeting hosted by TC
Planning
• Floodplain Management
o On 18 Jan 2023, FEMA released preliminary Flood Insurance Rate Maps
(FIRMs) for Tompkins County. FEMA, NY DEC, and Tompkins County
Officials are conducting two Flood Risk and Insurance Open houses on:
▪ Wednesday, 26 April 2023
4:30 to 8:30 p.m. at the:
Ithaca High School Cafeteria
April 19, 2023
45
1401 North Cayuga Street; Ithaca, NY 14850
▪ Thursday, 27 April 2023
4:30 to 8:30 p.m. at the:
Tompkins County Whole Health Building
55 Brown Road, Ithaca, NY 14850
o 29 March, Attended training “Floodway Surcharge – Mitigating the
Impacts”
• Stormwater Management
o Attended Stormwater Coalition Meeting 29 March
▪ Progress continues on creating an ArcGIS Online Dashboard for
stormwater treatment practices and online forms for tracking of
maintenance
▪ A new MS4 General Permit is expected to be issued by DEC this
summer. The new permit will very likely increase the workload on
stormwater managers and associated staff.
o The reporting period for 2022 will end on 9 March and preparation of the
MS4 Annual Report will begin. The Annual Report is due no later than
1 June.
LAND USE WORK PROGRAM
• Code Revision Committee – CRC has incorporated the comments of the Ag &
Farmland Protection Committee and Planning Board into a Final Draft of the
AG/RA zoning, for consideration by the Town Board this month.
COMMITTEE MANAGEMENT
• Agricultural and Farmland Protection Committee staff support
o Attended Committee meeting 9 March Reviewed AG/RA Zoning
Amendments and forwarded comments. Comments and draft zoning map
were incorporated into the Final Draft.
PLANNING BOARD
• 27 March meeting – the Planning Board heard the following:
o Minor Subdivision; – 204 Lansing Station Rd – approved 27 March.
o Minor Subdivision; – 125 Cedar View Rd (FLLT) – approved 27 March.
o Minor Subdivision; – Ridge Rd (FLLT) – approved 27 March.
o Site Plan; Barksville Inn, 89 Goodman Rd – 27 March public hearing
cancelled due to medical emergency, new hearing set for 24 April.
o Major Subdivision; – East Shore Circle Phase I (6 lots). Preliminary
Subdivision Approval granted. 2nd Public Hearing and decision scheduled
24 April.
o Dandy Mini Mart; Site Plan – Review of Parts II & III of SEQR for the
Dandy Mini Mart Site Plan Review application conditionally approved
27 March.
ZONING BOARD OF APPEALS
• 22 March meeting
o ZBA approved the Dandy Mini Mart request for area variances to exceed
the maximum permitted square feet of signage on the proposed site plan
currently with the Planning Board
CODE ENFORCEMENT
▪ March Permit Information
April 19, 2023
46
o 21 New Building Permits issues
o 12 Existing Permits renewed
ENGINEER’S REPORT – DAVE HERRICK
No report.
TOWN CLERK REPORT – DEBBIE MUNSON
Submitted the following report to the Town Board and it was included in the meeting
packet which was available on Town of Lansing website and as a handout.
TOWN CLERK
APRIL 2023
Tax Season
Total warrant is $15,638,702.13. To date we have collected $14,812,908.13. The last day
to pay taxes in our office was March 31, 2023. We have reconciled and all monies have
been paid to Town of Lansing Supervisor and Tompkins County Finance.
Cayuga Lake National Bank
Cayuga Lake National Bank has a municipal savings account rate of over 4%. We
deposited tax payments in the savings account to earn additional interest until it was time
to pay Tompkins County. The savings account earned $20,647.82 in interest on deposits
made in February and March. This interest has been paid to the Town of Lansing
Supervisor. Our total interest earned in 2022 was $254.81.
One Day Marriage Officiant License
New York State passed an act to amend the Domestic Relations Law which requires
some marriage officiants to buy a one-day marriage officiant license from the Town
Clerk that sold the marriage license. The officiant license is specific to the marriage
license that the couple purchased. The Town keeps all of the $25 fee that is charged for
this. We will learn more about this at our New York State Town Clerks Conference later
this month.
Tax Exemption for Qualifying Volunteer Firefighters and Volunteer Ambulance
Members
Our office worked together with Town Counsel to draft a local law granting a property
tax exemption to Volunteer Firefighters and Volunteer Ambulance Members who
qualify. A public hearing is being set for the May meeting, after which a local law will
be voted on.
Water and Sewer Bills
The next quarterly water and sewer bills will be sent out on April 28th. Payments are due
by May 25th. Residents may apply for assistance with their water and sewer bills through
the NYS Low-Income Household Water Assistance Program.
https://otda.ny.gov/programs/water-assistance/
Rabies Clinics (Tompkins County Health Department)
Tompkins County Health Department is hosting two upcoming Rabies Clinics. April 22
at the TCAT Bus Garage and May 3 at the Danby Fire Station. Visit their website for
more information - https://tompkinscountyny.gov/health/rabies#clinics
Supervisor Ed Lavigne stated he and Councilperson Andra Benson will look at interest
rates for other accounts.
CONSENT AGENDA
a. MOTION AUTHORIZING SUPERVISOR TO SIGN LANSING YOUTH
SERVICES 2023 AGREEMENT
MOTION M23-05
April 19, 2023
47
MOTION AUTHORIZING TOWN OF LANSING SUPERVISOR
TO SIGN LANSING YOUTH SERVICES 2023 AGREEMENT
Motion authorizing Town of Lansing Supervisor to sign Lansing Youth Services 2023
Agreement between Tompkins County and Town of Lansing, Term of Agreement
January 1 through December 31, 2023.
b. MOTION AUTHORIZING SUPERVISOR TO SIGN AGREEMENT FOR THE
PAYMENT OF MUNICIPAL ENGINEERING, CONSULTING, AND LEGAL
EXPENSES WITH YELLOW BARN SOLAR, LLC
MOTION M23-06
MOTION AUTHORIZING SUPERVISOR TO SIGN AGREEMENT FOR THE
PAYMENT OF MUNICIPAL ENGINEERING, CONSULTING, AND LEGAL
EXPENSES WITH YELLOW BARN SOLAR, LLC
Motion to approve and authorize the Yellow Barn Solar escrow agreement to fund initial
reviews and matters outside of NYS Office of Renewable Energy Siting reimbursement,
and to authorize the Town Supervisor to sign the same by and for the Town of Lansing.
c. MOTION AUTHORIZING TOWN OF LANSING SUPERVISOR TO SIGN
LANSING YOUTH COMMISSION PROGRAM AGREEMENT
MOTION M23-07
MOTION AUTHORIZING TOWN OF LANSING SUPERVISOR TO SIGN
LANSING YOUTH COMMISSION PROGRAM AGREEMENT
Motion Authorizing Town of Lansing Supervisor to Sign Lansing Youth Commission
Program Agreement for 2023 between Cornell Cooperative Extension and Town of
Lansing.
d. MOTION AUTHORIZING TOWN OF LANSING SUPERVISOR TO SIGN
INSERO & CO. CPAs, LLP ENGAGEMENT LETTER
MOTION M23-08
MOTION AUTHORIZING TOWN OF LANSING SUPERVISOR TO SIGN
INSERO & CO. CPAs, LLP ENGAGEMENT LETTER
Motion authorizing Town of Lansing Supervisor to sign Insero & Co. CPAs, LLP
engagement letter, dated April 14, 2023, for year ended December 31, 2022.
e. MOTION AMENDING TOWN EMPLOYEE HANDBOOK § 802 –
VACATION LEAVE
MOTION M23-09
MOTION AMENDING TOWN OF LANSING EMPLOYEE HANDBOOK, TO
ADDRESS § 802 VACATION LEAVE RULES FOR TOWN EMPLOYEES
Motion to approve the following amendment to the § 802 of the Town of Lansing
Employee Handbook, entitled “Vacation Leave”, with the effective date of such
amendment to be deemed to be January 1, 2024, with such amended § 802 to now be
wholly replaced to read as follows:
802 Vacation Leave
Eligibility – A full-time or intermediate employee is eligible for paid vacation leave in
accordance with this policy. A part-time, temporary, or seasonal employee is not eligible
April 19, 2023
48
for paid vacation leave but may be allowed to take time-off without pay provided the
employee has prior approval from the Department Head.
Work Day – For purposes of this vacation leave policy, a “work day” shall be defined as
the total number of paid hours an employee is scheduled to work in a workweek, divided
by five, rounded up to the nearest quarter hour. For example: A work day for an
employee who is paid for a 36.5 hour workweek shall be considered to be 7.5 hours. A
work day for an employee who is paid for a 32 hour workweek shall be considered to be
6.5 hours.
Allowance – An eligible employee will be credited with paid vacation leave in
accordance with the vacation schedule below. An employee may take vacation leave
only after it has been credited. The employee will be credited on January 1 for the
vacation leave that will be earned during the current year.
After Completion Of: Vacation Leave
1 to 8 years of continuous service 15 work days
9 years of continuous service 16 work days
10 years of continuous service 17 work days
11 years of continuous service 18 work days
12 years of continuous service 19 work days
13 years of continuous service 20 work days
Vacation leave shall not exceed 20 workdays per year.
New Employees – Upon the posting of the final payroll of each month, a newly hired
full-time or intermediate employee will be credited with pro-rated vacation leave based
on their regularly scheduled hours per week, for each month of employment, up to a
maximum of fifteen days. An employee with less than one year of continuous service
may not use vacation leave without approval from the Department Head.
Continuous Service – Continuous Service shall mean uninterrupted service. An
authorized leave of absence without pay, or a resignation followed by reinstatement
within one year following such resignation, shall not constitute an interruption of
continuous service. However, the duration of the absence from work without pay will be
excluded from the computation of length of continuous service. Vacation is earned only
for monthly pay periods during which an employee is in full pay status for at least fifteen
working days during such monthly pay period.
Scheduling – An employee must receive prior approval from the employee’s Department
Head to take vacation leave. A vacation leave of longer than one week will require at
least one-month advance notice. Vacation leave credits may be used in increments of
one-quarter hour. The Department Head will have total discretion in the approval of
vacation leave.
Vacation Plan – Department Heads and supervisors are responsible for scheduling
vacations in their departments with the objective to meet departmental workload needs
and to maintain the expected service standards for Town residents.
Carry-over – Unused vacation leave, up to a maximum of forty hours, may at the option
of the employee, either be carried over into a subsequent calendar year, or they may
receive cash payment. Employees must declare their option on or before December 1st of
each calendar year. The Town Board may provide an exception to this rule in the event of
any extraordinary unanticipated circumstances and may refer any matter to any then
existing Personnel Committee or Human Resources for recommendation. If any excess
vacation leave hours beyond forty hours are allowed, then such hours must be utilized
within the first three months of the next following calendar year or be lost.
Holiday During Scheduled Vacation – In the event a designated holiday occurs on an
employee’s normal workday and the employee is on paid vacation, the employee will
receive holiday pay for the day and the employee’s vacation leave credits will not be
charged for that day.
April 19, 2023
49
Separation of Employment - An employee in good standing who resigns, retires or is
laid off (a “departure”, or a “departing” employee) will receive cash payment for unused
vacation leave to which the employee is entitled at the date of departure at the
employee’s then current rate of pay. Generally, this number of vacation days or hours
includes any existing carry-over vacation days that remain unused during the calendar
year of departure, plus any vacation credited upon January 1 of the year of departure. To
be eligible to receive this payment, the departing employee must give written notice at
least two weeks in advance of the date of departure (being generally the last day of
employment). “In good standing” generally means that the employee is not experiencing
a departure due to, or as a result of, disciplinary reasons. In the event of departure due to
the death of the employee, payment will be made per the above policy to the employee’s
designated beneficiary or estate, as applicable.
f. MOTION AMENDING TOWN EMPLOYEE HANDBOOK § 807 –
HEALTH INSURANCE FOR RETIREES
MOTION M23-10
MOTION AMENDING TOWN OF LANSING EMPLOYEE HANDBOOK,
TO ADDRESS § 807 HEALTH INSURANCE FOR
RETIREES RULES FOR TOWN EMPLOYEES
Motion to approve the following amendment to the § 807 of the Town of Lansing
Employee Handbook, entitled “Health Insurance for Retirees”, with the effective date of
such amendment to be deemed to be January 1, 2024, with such amended § 807 to now
be wholly replaced to read as follows:
807 Health Insurance for Retirees
Coverage – The Town will make available health insurance coverage to eligible
full-time employees and full-time elected officials who retire from the Town.
Coverage for dependents of eligible retirees will be provided and made in
accordance with the annual summary of premium contributions.
In the event the retiree predeceases the dependents, the dependents may continue
health insurance coverage provided they pay the full cost of the premium. Coverage
of a dependent at the time of divorce or legal separation is in accordance with plan
documents and COBRA requirements.
Eligibility – To be eligible for coverage during retirement, the full-time employee or
full-time elected official must be age fifty-five or older at time of retirement, must
have at least ten (10) years of continuous full-time service with the Town and must
have been enrolled in the Town’s Health Insurance Plan for at least three (3)
consecutive years immediately prior to retirement. In addition, the employee or
elected official must have applied for and been granted a bona-fide retirement
benefit from the New York State Employees’ Retirement System.
In the event an eligible retiree opts out of the Town’s Health Insurance upon
retirement, and should a qualifying event take place, the retiree would have a one-
time opportunity to enroll in the Town Health Insurance.
From the date of retirement until the retired employee or elected official, or eligible
spouse or dependent reaches the age of 65, or otherwise attains Medicare eligibility,
the retired employee or elected official (and his or her spouse and eligible
dependents) remain eligible to participate under the Town’s health insurance policy.
When the retired employee or elected official, or any eligible spouse or covered
dependent, reaches age 65, or otherwise attains Medicare eligibility, the retired
employee or elected official, or any eligible spouse or covered dependent, shall only
be eligible for the plan offered by the Town of Lansing for Medicare eligible
employees and dependents.
April 19, 2023
50
Application – The Town will make available the respective health insurance plan
for an eligible retired employee, and eligible elected official and their respective
spouse and eligible dependents, as follows:
Health insurance coverage is subject to payment of the retired employee’s or elected
officials and dependent’s share of the premium by the stated deadline.
Coverage of a spouse or dependent at the time of divorce or legal separation is in
accordance with applicable plan documents and COBRA requirements.
Coverage(s) – The Town will make insurance policies or plans available upon such
terms, coverage deductibles, co-payments, etc., as the Town selects upon an annual
basis.
Amendments – The Town may, in and at its discretion, change these plans and
benefits at any time, including, but not limited to, revocations or curtailment of
coverages, changing the type or amounts of coverage, changing retiree contributions,
changing eligibility for dependent and spousal participation, and changing the type
of carrier. No coverages, rights or benefits issued, described, or granted hereunder
are guaranteed. Further details are available from Human Resources.
For as long as the retired employee, elected official, or any eligible spouse or
covered dependent, participates in such Town-sponsored plan, the Town will
contribute toward the cost of the health premium. The percentage contribution
required by the retiree will be set by the Town Board who will consider the change
in premium cost along with the change in deductibles and copays. Eligible retired
employee contributions are subject to, if the applicable, post-retirement sick leave
credit rules (see generally Section 803), however, all sick leave accrual benefits
cease at age 65 and may not be converted to cash, converted to attain any other
benefit, or credited towards any premium payments or contributions.
g. MOTION AMENDING TOWN EMPLOYEE HANDBOOK § 702 – OVERTIME
PAY AND COMPENSATORY TIME
MOTION M23-11
MOTION AMENDING TOWN OF LANSING EMPLOYEE HANDBOOK,
TO ADDRESS § 702 OVERTIME PAY AND COMPENSATORY
TIME RULES FOR TOWN EMPLOYEES
Motion to approve the following amendment to the § 702 of the Town of Lansing
Employee Handbook, entitled “Overtime Pay and Compensatory Time”, with the
effective date of such amendment to be deemed to be April 20, 2023, with such amended
§ 702 to now be wholly replaced to read as follows:
702 Overtime Pay and Compensatory Time
Compensatory Time – With pre-authorization from the Department Head, a non-
exempt employee may elect to accumulate compensatory time for hours worked
outside their normal workday instead of being paid for those hours at their overtime
rate (”compensatory time”). Compensatory time shall be credited at a rate of 1.5
hours of compensatory leave time for each 1 hour of overtime worked (and holiday
and call-in pay shall be credited at their increased rates as well). A maximum of 120
hours of compensatory time may be accumulated during any single calendar year
and such bank may not be re-charged (all time booked, and used, counts towards the
120-hour limit). An employee may request and receive cash payment for
compensatory time at any point in the calendar year. Compensatory time not used
before, or within the last pay period of the calendar year, will be compensated with
the last payroll of the year, which usually occurs before December 31st. If
compensatory time was planned to be used after the last payroll and on or before
December 31st but cannot be taken because of bad weather or other unforeseeable
cause, it will be paid in the first payroll of the following year, at the pay rate at
which it was earned.
April 19, 2023
51
h. MOTION APPROVING DRAFT LOCAL LAW RESPECTING VOLUNTEER
FIREFIGHTER AND AMBULANCE WORKER EXEMPTIONS UPON TOWN
PROPERTY TAXES PER REAL PROPERTY TAX LAW § 466-a, AND
SCHEDULING PUBLIC HEARING FOR SAME
MOTION M23-12
MOTION APPROVING DRAFT LOCAL LAW RESPECTING VOLUNTEER
FIREFIGHTER AND AMBULANCE WORKER EXEMPTIONS UPON TOWN
PROPERTY TAXES PER REAL PROPERTY TAX LAW § 466-a,
AND SCHEDULING PUBLIC HEARING FOR SAME
Motion to approve draft local law amending Town Code Chapter 240 to authorize and
grant a partial exemption from taxation to qualifying volunteer firefighters and
ambulance workers in the Town of Lansing, as authorized by New York State Real
Property Tax Law, and scheduling public hearing thereupon for 6:31 pm on
May 17, 2023.
i. RESOLUTION CREATING TOWN POSITION OF CODE ENFORCEMENT
OFFICER -TRAINEE, AND APPOINTING HEATHER DRIES TO SUCH
POSITION
RESOLUTION 23-80
RESOLUTION CREATING TOWN POSITION OF CODE ENFORCEMENT
OFFICER -TRAINEE, AND APPOINTING HEATHER DRIES TO SUCH
POSITION
The following Resolution was duly presented for consideration by the Town Board:
WHEREAS, to address staffing and training needs of the Town, the Town has created a
new position in the Town Planning and Code Office, and has selected a candidate to fill
such position; so upon due consideration and deliberation by the Town of Lansing Town
Board, now therefore be it RESOLVED as follows:
1. The position of “Code Enforcement Officer-Trainee” be and hereby is created
within the Town Planning and Code Office.
2. Heather Dries is hereby appointed as the Town of Lansing Code Enforcement
Officer-Trainee, in the Planning & Code Department, with the same Town
perquisites and benefits as are available to all employees of the Town and to such
position.
3. This appointment is a full-time appointment, at 36.5 hours per week.
4. The hourly wage is hereby set and approved at Grade 7, $25.38 per hour.
5. The probationary period for such appointment is hereby set at 26 weeks.
6. The Town Personnel Officer be and hereby is authorized to make su ch changes to
the Town’s employment and civil service rosters and file required civil service
forms to place into immediate effect such changes and these resolutions, including
by the filing of form MSD 428, if required.
j. RESOLUTION AFFIRMING APPOINTMENT AS INFORMATION AIDE AND
TRANSFERRING EMPLOYEE TO SAME POSITION IN NEW DEPARTMENT
RESOLUTION 23-81
RESOLUTION AFFIRMING APPOINTMENT AS INFORMATION AIDE AND
TRANSFERRING EMPLOYEE TO SAME POSITION IN NEW DEPARTMENT
The following Resolution was duly presented for consideration by the Town Board:
WHEREAS, to address staffing and training needs of the Town, the Town has need to fill
a vacancy in the Town Planning and Code Office, and has selected a candidate to fill
April 19, 2023
52
such position; so upon due consideration and deliberation by the Town of Lansing Town
Board, now therefore be it RESOLVED as follows:
1. Chelsie Denman remains appointed as an Information Aide but is transferred
internally to become the information aide to the Town of Lansing Planning &
Code Department, with the same Town perquisites and benefits as are available to
all employees of the Town and to such position.
2. This appointment is a full-time appointment, at 36.5 hours per week.
3. The hourly wage is hereby set and approved at $23.76 per hour, Grade 4, Step 7.
4. The probationary period for such appointment is hereby set, and remains, at 52
weeks.
5. The Town Personnel Officer be and hereby is authorized to make such changes to
the Town’s employment and civil service rosters and file required civil service
forms to place into immediate effect such changes and these resolutions, including
by the filing of form MSD 428, if required.
k. RESOLUTION APPOINTING AND PROMOTING JOHN ZEPKO TO THE
PERMANENT, FULL TIME POSITION OF DIRECTOR OF PLANNING AND
SETTING SALARY FOR SUCH POSITION
RESOLUTION 23-82
RESOLUTION APPOINTING AND PROMOTING JOHN ZEPKO TO
THE PERMANENT, FULL TIME POSITION OF DIRECTOR OF PLANNING
AND SETTING SALARY FOR SUCH POSITION
The following Resolution was duly presented for consideration by the Town Board:
WHEREAS, the office of Director of Planning is vacant and, by resolution of December
21, 2022, John Zepko was appointed as Director of Planning (Temp under 90 days)
pending a review of performance and his willingness to accept that position and its
managerial responsibilities; and
WHEREAS, John Zepko remains upon the eligibility list for such position, and has
agreed he would accept such position if so appointed, so upon consideration and
deliberation by the Town of Lansing Town Board, now therefore be it RESOLVED as
follows:
1. John Zepko is appointed as the Town of Lansing Director of Planning, in the
Planning & Code Department, with the same Town perquisites and benefits as are
available to all employees of the Town and to such position.
2. The salary and pay for such position is set at $100,195.
3. The probationary period for such appointment is hereby set at 8 weeks.
4. The Town Personnel Officer be and hereby is authorized to make such changes to
the Town’s employment and civil service rosters and file required civil service
forms to place into immediate effect such changes and these resolutions, including
by the filing of form MSD 428, if required.
l. RESOLUTION APPOINTING INFORMATION AIDE IN TOWN
SUPERVISOR’S OFFICE
RESOLUTION 23-83
RESOLUTION APPOINTING INFORMATION AIDE IN TOWN
SUPERVISOR’S OFFICE
The following Resolution was duly presented for consideration by the Town Board:
WHEREAS, to address staffing and training needs of the Town, the Town has need to fill
a vacancy in the Town Supervisor’s Office, and has selected a candidate to fill such
position; so upon due consideration and deliberation by the Town of Lansing Town
Board, now therefore be it RESOLVED as follows:
April 19, 2023
53
1. Jennifer Schenck is hereby appointed as an Information Aide Town of Lansing
Town Supervisor’s Office, with the same Town perquisites and benefits as are
available to all employees of the Town and to such position.
2. This appointment is a full-time appointment, at 36.5 hours per week.
3. The hourly wage is hereby set and approved at Grade 7, $33.65 per hour.
4. The probationary period for such appointment is hereby set at 26 weeks.
5. The Town Personnel Officer be and hereby is authorized to make such changes to
the Town’s employment and civil service rosters and file required civil service
forms to place into immediate effect such changes and these resolutions, including
by the filing of form MSD 428, if required.
m. RESOLUTION APPROVING PURCHASE OF ONE 2023 FORD F150 PICK UP
TRUCK FOR USE IN THE CODE & PLANNING DEPARTMENT
RESOLUTION 23-84
RESOLUTION APPROVING PURCHASE OF ONE 2023 FORD F150 PICK UP
TRUCK FOR USE IN THE CODE & PLANNING DEPARTMENT
The following Resolution was duly presented for consideration by the Town Board:
WHEREAS, the Town of Lansing has long had capital management and equipment plans
consisting of a balance of reserve funds and budgeted cash, and in 2023 certain capital
needs of the Code & Planning Department were discussed, including how to fund the
purchase of the same in 2023 without incurring debt; and
WHEREAS, the Code & Planning Department has now confirmed and identified its need
for one new 2023 Ford F150 pickup truck and has utilized the New York State Office of
General Service (NYSOGS) contract # 23166 and Vehicle Marketplace Reference #
12749 list for pricing such equipment; and
WHEREAS, the Town Board has fully reviewed such need and the options for the same,
and the Highway Superintendent now wishes to use funds from accounts DA5130.200
seeks verification from the Town Board to make such purchase; and
WHREAS, upon and after due deliberation upon this matter, the Town Board of the
Town of Lansing has determined as follows, and now be it therefore
RESOLVED, that the Town Board affirms that funds from DA5130.200 for $43,874.48
are intended to be used for equipment purchases for the Code & Planning Department;
and it is further.
RESOLVED, that the Highway Superintendent or his designee be and hereby are
authorized to effect the following purchase per NYSOGS: One new 2023 Ford F150
Pickup Truck, not to exceed $43,874.48 from Maguire Cars.
CONSENT AGENDA MOTIONS M23-05 – M23-12 AND RESOLUTIONS
23-80 – 23-84
RESOLUTION 23-85
RESOLVED, that the Consent Agenda Motions M23-05 – M23-12 and Resolutions
23-80 – 23-84, are hereby approved as presented and amended, and
The question of the adoption of such proposed Consent Agenda Motions and Resolutions
were duly motioned by Councilperson Joseph Wetmore, duly seconded by Councilperson
Ruth Groff, and put to a roll call vote with the following results:
Councilperson Andra Benson – Aye Councilperson Ruth Groff – Aye
Councilperson Bronwyn Losey – Aye Councilperson Joseph Wetmore – Aye
Supervisor Edward LaVigne – Aye
April 19, 2023
54
Accordingly, the foregoing Resolutions were approved, carried, and duly adopted on
April 19, 2023.
MOTION TO AUTHORIZE TOWN SUPERVISOR TO SIGN EASEMENT WITH
NYSEG FOR PARCEL ID 30.-1-16.12 - 10 TOWN BARN ROAD
MOTION M23 –13
MOTION TO AUTHORIZE TOWN SUPERVISOR TO SIGN EASEMENT WITH
NYSEG FOR PARCEL ID 30.-1-16.12 – 10 TOWN BARN ROAD
Councilperson Andra Benson, moved to authorize Town Supervisor to sign by and on
behalf of the Town of Lansing, Easement with NYSEG for parcel ID 30.-1-16.12, Town
Barn Road, upon concurrence and final approval thereupon from the Highway
Superintendent and Town Attorney.
Councilperson Ruth Groff seconded the motion.
All in Favor – 5 Opposed – 0
RESOLUTION APPROVING THE STANDARD WORKDAY AND REPORTING
FOR ELECTED AND APPOINTED OFFICIALS
RESOLUTION 23-86
RESOLUTION APPROVING THE STANDARD WORKDAY
AND REPORTING FOR ELECTED AND APPOINTED OFFICIALS
The following Resolution was duly presented for consideration by the Town Board:
WHEREAS, the Town Board of the Town of Lansing needs to establish and report the
standard work day for elected and appointed officials; and
WHEREAS, effective August 12, 2009, each elected or appointed official who is enrolled
in the NYS Retirement System, must prepare a record of work-related activities for three
consecutive months within 150 days of the start of a new term or appointment; and
WHEREAS, the log must contain a daily detail of hours worked and duties performed
that are directly related to the elected or appointed position, including official duties
performed outside normal business hours; and
WHEREAS, by certifying that a previously submitted three-month log is still
representative of time worked, officials elected or appointed to new terms will not have
to keep a new log for up to eight years. If an official who believes their initial three-
month log is not representative of the average number of hours worked, he or she may
submit a new record of activities for an alternative three-month period; and
WHEREAS, the Legislative Clerk must retain each record of activities for a period of at
least thirty years and provide full and complete copies to the Office of the State
Comptroller upon request; and
WHEREAS, the Resolution must be adopted at the first regular meeting held after the
first 180 days of a new term, or whenever a new elected or appointed office is
established; and
WHEREAS, upon due deliberation thereupon by the Town Board, the Town Board of
Lansing has duly
RESOLVED, that the Town Board of the Town of Lansing hereby adopts the New York
State Comptroller Form RS 2417-A as the Official Form Approving Standard Workday
and Reporting Resolution for Elected and Appointed Officials:
April 19, 2023
55
BE IT FURTHER RESOLVED, that the Town Clerk post the New York State
Comptroller Form (RS 2417-A) for a minimum of 30 days on Employer’s Public
Website; and
BE IT FURTHER RESOLVED, that the Town Bookkeeper file a Certified Copy of the
Standard Work Day and Reporting Resolution (RS2417-A) and an Affidavit of Posting
with the New York State Comptroller’s Office within 15 days after the posting period has
ended.
The question of the adoption of such proposed Resolution was duly motioned by
Councilperson Andra Benson, duly seconded by Councilperson Joseph Wetmore, and put
to a roll call vote with the following results:
Councilperson Andra Benson – Aye Councilperson Ruth Groff – Aye
Councilperson Bronwyn Losey – Aye Councilperson Joseph Wetmore – Aye
Supervisor Edward LaVigne – Aye
Accordingly, the foregoing Resolution was approved, carried, and duly adopted on April
19, 2023.
RESOLUTION URGING SUPPORT FOR NYS ASSEMBLY BILL A010901
AND SENATE BILL S01852 TO CREATE A “CHIPS-STYLE” STATE
FUNDING SUBSIDY FOR MUNICIPALITIES WHO OPERATE OR
CONTRACT WITH PUBLIC AND NOT-FOR-PROFIT EMERGENCY
MEDICAL SERVICE AGENCIES
RESOLUTION 23-87
RESOLUTION URGING SUPPORT FOR NYS ASSEMBLY BILL A010901
AND SENATE BILL S01852 TO CREATE A “CHIPS-STYLE” STATE
FUNDING SUBSIDY FOR MUNICIPALITIES WHO OPERATE OR
CONTRACT WITH PUBLIC AND NOT-FOR-PROFIT EMERGENCY
MEDICAL SERVICE AGENCIES
April 19, 2023
56
The following Resolution was duly presented for consideration by the Town Board:
WHEREAS, volunteer Fire and EMS services in rural New York State have been under
pressure for many years - ongoing declining volunteerism rates which leads to the closure
of departments, which leads to the expansion of coverage areas for nearby agencies,
which themselves struggle with staffing – in an environment of ever-increasing costs; and
WHEREAS, efforts to increase volunteerism, particularly in EMS, while noble, are
neither sustainable nor effective enough to make a meaningful long-term impact; and
WHEREAS, as a result of these circumstances, many municipalities have been forced to
implement paid EMS Departments, contract for services with other paid departments, or
do without timely EMS coverage for their residents; and
WHEREAS, the COVID-19 pandemic highlighted the critical nature of EMS services,
particularly in rural areas where EMS response is the primary source of frontline
emergency healthcare to millions of NY residents; and
WHEREAS, as a subset of the healthcare field, annual EMS cost increases strain the
budgets of rural towns and villages who are nevertheless morally and ethically obligated
to provide these services to their constituents; and
WHEREAS, Article XVII §3 of the New York State Constitution states that,
“The protection and promotion of the health of the inhabitants of the state are matters of
public concern and provision therefor shall be made by the state and by such of its
subdivisions and in such manner, and by such means as the legislature shall from time
to time determine.” (emphasis added);
NOW THEREFORE BE IT RESOLVED, that the Council Members of the Town of
Lansing fully support NYS Assembly Bill A01091 and companion Senate Bill S01852,
which would create a “CHIPS-style” state funding subsidy for municipalities who operate
or contract with public and not-for-profit EMS Agencies; and
BE IT FURTHER RESOLVED, that copies of this resolution shall be forwarded to the
Tompkins County Legislature, NYS Assemblymember Anna Kelles, NYS Senator
Lea Webb, NYS Assembly Speaker Carl Heastie, NYS Senate Majority Leader Andrea
Stewart-Cousins, and NYS Governor Kathy Hochul.
The question of the adoption of such proposed Resolution was duly motioned by
Councilperson Joseph Wetmore, duly seconded by Councilperson Ruth Groff, and put to
a roll call vote with the following results:
Councilperson Andra Benson – Aye Councilperson Ruth Groff – Aye
Councilperson Bronwyn Losey – Aye Councilperson Joseph Wetmore – Aye
Supervisor Edward LaVigne – Aye
Accordingly, the foregoing Resolution was approved, carried, and duly adopted on April
19, 2023.
RESOLUTION APPROVING AUDIT AND BUDGET MODIFICATIONS
ARPA Funds – brief discussion
• About $250,000 left
• Discuss at budget time
• Can spend funds through 2024
RESOLUTION 23-88
RESOLUTION APPROVING AUDIT AND BUDGET MODIFICATIONS
April 19, 2023
57
The bills were reviewed by Councilperson Andra Benson and Councilperson Joseph
Wetmore. The Bookkeeper is hereby authorized to pay the following bills and to make
the following budget modifications.
CONSOLIDATED ABSTRACT # 004
DATED 04/19/2023
AUDITED VOUCHER #’s 247 – 364
PREPAY VOUCHER #’s 247 – 256
AUDITED T & A VOUCHER #’s 20 – 26
PREPAY T & A VOUCHER #’s 20 – 22
FUND TOTAL APPROPRIATIONS
GENERAL FUND (A&B) $ 89,198.53
HIGHWAY FUND (DA&DB) $ 42,234.28
ARPA (HF) $ 51,103.59
LANSING LIGHTING (SL1, 2 &3) $ 203.89
WARREN SEWER DISTRICT (SS1) $ 1,212.63
LANSING WATER DISTRICTS (SW) $ 207,457.69
TRUST & AGENCY (TA) $ 66,362.65
BUDGET MODIFICATIONS
APRIL 19, 2023 MEETING FOR YEAR END
2022
GENERAL FUND A
December 31, 2022
FROM TO FOR AMOUNT
A599 A1110.101 From FB to Justice Personal Services $ 1.00
A599 A1110.102 From FB to Justice Personal Services $ 1.00
A599 A1110.120 From FB to Court Clerk Personal Services $ 3,480.00
A599 A1110.130 From FB to Court Clerk Personal Services $ 265.00
A599 A1220.100 From FB to Supervisor Personal Services $ 1.00
A599 A1220.110 From FB to Bookkeeper Personal Services $ 4,480.00
A599 A1320.400 From FB to Independent Auditing - Contractual $ 500.00
A599 A1380.400 From FB to Fiscal Agent- Bond Counsel $ 580.00
A599 A1410.110 From FB to Deputy Town Clerk Personal Services $ 445.00
A599 A1420.400 From FB to Attorney Contractual $ 615.00
A599 A1440.403 From FB to Engineer Transportation $ 335.00
A599 A1610.100 From FB to Technology Support Personal Services $ 126.00
A599 A3310.110 From FB to Traffic Control Crossing Guard Prsnl Srvcs $ 580.00
A599 A5010.100 From FB to Superintendent of Highways Prsnl Srvcs $ 1.00
A599 A7020.100 From FB to Parks & Rec Admin Personal Services $ 21.00
A599 A7020.110 From FB to Parks & Rec Admin Personal Services $ 3,320.00
A599 A7020.400 From FB to Parks & Rec Admin Contractual $ 64.00
A599 A7110.110 From FB to Parks Personal Services $ 5,763.00
A599 A7140.100 From FB to Playground Fields Personal Services $ 4,180.00
A599 A7310.400 From FB to Youth Program Contractual $ 985.00
A599 A7510.400 From FB to Historian Contractual $ 541.00
Total $ 26,284.00
April 19, 2023
58
GENERAL FUND B
December 31, 2022
FROM TO FOR AMOUNT
B599 B3620.110 From FB to Clerk Zoning Personal Services $ 4,435.00
B599 B8020.100 From FB to Director of Planning Personal Services $ 1.00
B599 B8020.101 From FB to Planner Personal Services $ 1.00
B599 B8020.401 From FB to Planning Board Engineering $ 2,156.00
Total $ 6,593.00
HIGHWAY FUND DA
December 31, 2022
FROM TO FOR AMOUNT
DA599 DA5130.400 From FB to Machinery Contractual $ 560.00
DA599 DA5140.100 From FB to Brush & Weeds - Personal Services $ 1.00
DA599 DA5142.400 From FB to Snow Removal Town Contractual $ 1,865.00
DA599 DA9030.800 From FB to Social Security $ 675.00
DA599 DA9089.800 From FB to Medicare $ 175.00
Total $ 3,276.00
HIGHWAY FUND DB
December 31, 2022
FROM TO FOR AMOUNT
DB599 DB5110.100 From FB to Street Maintenance - Personal Services $ 1,339.00
DB599 DB5112.100 From FB to Improvements - Personal Services $ 9,388.00
DB599 DB9030.800 From FB to Social Security $ 1,240.00
DB599 DB9060.800 From FB to Medical Insurance $ 8,015.00
DB599 DB9089.800 From FB to Medicare $ 274.00
Total $ 20,256.00
ARPA FUNDS
December 31, 2022
FROM TO FOR AMOUNT
HF-599 HF-7110.200 From FB to Parks & Rec Equipment $ 28,000.00
LAKEWATCH LIGHTING
December 31, 2022
FROM TO FOR AMOUNT
SL3-599 SL3-5182.400 From FB to Contractual $ 3,405.00
WARREN RD SEWER
December 31, 2022
FROM TO FOR AMOUNT
SS1-
8120.100 SS1-8120.200 From Sewer Prsnl Services to Sewer Equipment $ 10,150.00
SS1-599 SS1-8130.400 From FB to Treatment & Disposal Contractual $ 16,488.00
WATER DISTRICTS
December 31, 2022
FROM TO FOR AMOUNT
SW8340.100 SW8340.200 From Trans & Dist Persnl Srvs to Trans & Dist Equip $ 1,989.00
SW599 SW9710.702 From FB to Serial Bond Int Lansing Sta Rd $ 630.00
The question of the adoption of such proposed Resolution was duly motioned by
Councilperson Andra Benson, duly seconded by Councilperson Bronwyn Losey, and put to
a roll call vote with the following results:
April 19, 2023
59
Councilperson Andra Benson – Aye Councilperson Ruth Groff – Aye
Councilperson Bronwyn Losey – Aye Councilperson Joseph Wetmore – Aye
Supervisor Edward LaVigne – Aye
Accordingly, the foregoing Resolution was approved, carried, and duly adopted on April 19,
2023.
BOARD MEMBER REPORTS
Andra Benson – reported the following:
Lansing Library – written report above
Lansing Youth Services – written report above
Ruth Groff
Submitted the following report to the Town Board and it was included in the meeting
packet which was available on Town of Lansing website and as a handout.
Ruth Groff
Town Board Member Report
April 2023
• Ithaca Tompkins County Transportation Council (ITCTC) Planning
Committee: March 21, 10:00am
o TIP Action Amendments:
▪ Updating Bridge & Pavement Condition and System & Freight
Performance Targets
▪ New Carbon Reduction Program project – City of Ithaca
▪ Update FTA Sect. 5307 Table
o Cayuga Heights is implementing a “walking safe” program
▪ Safe routes to school projects
▪ Sidewalks on Cayuga Heights Road
o More grants are shifting focus to social and environmental justice
o TCAT hired an On Demand Program Director
o NYS Bridge & Culverts is ramping up
• Parks, Recreation, and Trails Committee: multiple meetings
o March 21, 3:30pm – Zoom meeting with Cornell Design Connect to
discuss their progress
o March 23, 4:30pm – Site review with the Cornell team, walking a portion
of the trail between fire station and schools
o March 28, 7:00pm – Review with two of the Cornell team to talk about
their progress on easements research
o April 4, 3:30pm – Met with Cornell team
▪ They have 3 routes mapped, and will compile into one for the
presentation
▪ They have done a steep slope analysis
▪ They are reviewing types of stone dust to be used
▪ They have been reviewing case studies
o April 12, 7:00 – The Cornell team gave a preliminary (practice)
presentation to the full committee at Town Hall
• Conservation Advisory Council (CAC): two meetings
o March 30, 3:00pm – I met with the Co-Chairs of the committee so they
could review with me the status of the Open Space Index work
o April 6, 6:30pm – Bergmann Associates presented preliminary results of
criteria ranking, using only parcels of 70 acres or more. Criteria analyzed
were:
April 19, 2023
60
▪ Plant, animal, and bird habitats; unique natural area; scenic views;
slopes; access to lake; possibility for recreational usage; possibility
for development
▪ They then walked through one parcel for the committee to give an
overview of their process
• Capital Improvement Committee: April 5, 9:00am
o Projects over $500k were assigned dates (years) needed, in order to be
able to move forward with finalizing the Tier 1 of the Capital Plan. Tier 2
will be projects more than $200k but less than $500k. Awaiting input
from Town Engineer to assign a value to one of the waterline updates,
then I will be able to proceed with allocating costs over the next ten years,
identifying affects to tax rates.
Bronwyn Losey – reported the following:
Zoning Board of Appeals (ZBA) – meetings have been changed to the 2nd Wednesday of
the month, at Town Hall
Joseph Wetmore
Submitted the following report to the Town Board.
Joseph Wetmore
Town Board Member Report
April 2023
Bolton Point Personnel and Organization Committee
Wednesday, March 22, 2023 - 1:00 pm – 2:00 pm
1. Review the draft February meeting notes.
2. Reports
a. Shop Steward
b. Production Manager
c. Distribution Manager
d. Finance Manager
e. Human Resources Manager – Revise COVID policy
f. Volunteerism Policy - Professional Association Volunteerism Activities
g. General Manager
Tompkins County Council of Governments (TCCOG)
Thursday March 23, 2023 - 3:00 PM
1. Report from County Administration
a. Concerned about the Governor’s action to not pass on Federal Medicaid money
to the Counties.
b. The County is about to fill in several vacant positions
2. Tompkins County Housing Affordability and Supportive Infrastructure Grant (HASIG)
Program 2023 Round open March 20 - September 25, 2023
3. Update on Building Code Administration & Operations Study
4. Subcommittee, Liaison, and Other Reports
a. Broadband – Town of Caroline is starting a study to develop municipal
broadband
b. Cyber Security and Municipal Information Technology Services – Studying our
current system.
c. Emergency Planning and Preparedness - Joe Hillman is developing a plan.
Discussion of Assembly Bill A01091 and companion Senate Bill S01852, which
would create a “CHIPS-style” state funding subsidy for municipalities who
operate or contract with public and not-for-profit EMS Agencies.
d. Energy - Discussion focused on energy conservation and transformation issues,
topics that the Energy Subcommittee may want to bring before TCCOG’s
membership during the remainder of 2023.
April 19, 2023
61
e. Transportation – TCAT is doing better, but still has a shortage of drivers and
spare parts.
f. Water Quality - Cornell Cooperative Extension is developing a regional
payment for Ecosystem Services program that would incentivize and reward
farmers who provide ecosystem services for our community.
5. Proposed Amendments to Bylaws
Proposed Revisions to TCCOG Bylaws Document. Reviewed the question of who
is a member. Governmental bodies or the representatives sent to the meetings.
Decided that the members are the governments.
a. Proposed TCCOG Bylaws 3-17-23
Planning Board
Monday, March 27⋅6:30 – 8:30pm
a. Minor Subdivision, 204 Lansing Station Rd. The applicant proposes to subdivide a
~30.45-acre lot. Public Hearing, SEQR, Decision on Application
b. Project: Sketch Plan – Maumar Minor Subdivision, Finger Lakes Land Trust. 125
Cedar View Rd, subdivide a ~110-acre lot in the RA Zone, into two lots: Public
Hearing, SEQR, Approved.
c. Minor Subdivision Applicant: Finger Lakes Land Trust. Ridge Rd, Tax Parcel
Number 22.-1-24.1. subdivide a ~47.35-acre lot in the RA Zone, into two lots: Parcel
A – 20.6 acres; Parcel B – 25.8 acres SEQR: This is an Unlisted action under SEQR
617.4 environmental review. Anticipated Action: Public Hearing, SEQR, Decision
on Application
d. Project: Site Plan – Barksville Inn. The applicant proposes to operate a kennel from
their single-family home, tabled to next meeting.
e. Project: Preliminary Plat Major Subdivision, 6 lot subdivision on East Shore Circle.
Preliminary Subdivision Approval. “The parent parcel includes the Jonas Trail to
Gulf Creek; a private trail on which the Town had (and permitted to expire) a license
upon. Although the trail was not specifically identified in the 2022 Lansing Parks,
Recreation, and Trails Master Plan for acquisition or improvement, members of the
Planning Board and Trail committee felt it could be an asset to the Town. The
project sponsor, Jesse Young, is amenable to granting the Town an easement upon
the trail. The Town Board should discuss whether they are interested in an easement
and in what form, and the implications of accepting (safety, fiscal, and policy
implications).” –John Zepko
f. Project: Site Plan – Dandy Mini Mart – Convenience (Mini) Mart 7 Ridge Rd, Final
approval.
Code Revision Committee Meeting
Thursday, March 30⋅9:00 – 11:00am
Reviewing the latest revisions to the draft RA/AG code, including the latest map:
AG Zone Area & Bulk schedule • The maximum lot coverage (50%) and maximum
building height (35’) for Farm Operations could prove overly burdensome to agricultural
operations • Consider some provision for Agricultural Day Care, for the care of the
children of temporary workers • The maximum floor area of Farm Creameries should be
consistent with other agricultural related businesses such as Farm Breweries, Cideries,
Wineries, and Distilleries. • The maximum building height permitted for the majority of
uses listed should be consistent, with notable exceptions such as in the case of
communication towers or places of worship • The maximum percent of lot coverage for
Contractors/Landscaping Yard (25%) may not account for concrete or other such pads
placed under material stockpiles. Agriculture (AG) Zoning District • Consider including
language to the “Purpose” statement that mentions the application of nutrients as an
activity included in generally acceptable farm operations.
TCCOG bylaw changes
Thursday, March 30⋅11:00am – 12:00pm
Review a draft of changes to TCCOG bylaws.
April 19, 2023
62
Bolton Point
Thursday, April 6⋅4:00 – 5:00pm
1. Management Staff Report –Working on a draft of a Watershed Protection Plan
2. Committee Reports
A. Budget and Finance Committee
1. February 28, 2023 Financial Report
2. Approval of the April 6, 2023 Warrants
B. Engineering and Operations Committee
1. February 22, 2023 Meeting Notes
2. March 22, 2023 Meeting Agenda
C. Personnel and Organization Committee
1. February 22, 2023 Meeting Notes
2. March 22, 2023 Meeting Agenda
TCCOG bylaw changes
Thursday, April 13⋅10:30am – 11:30pm
Final approval of recommended changes to TCCOG bylaws.
Key changes overall:
Distinguishing member "governments" from "representatives."
Enabling remote attendance
Clarifying language about County membership and voting.
Specifically allowing TCCOG to form committees
Joe also reported that he, Councilperson Bronwyn Losey and Town Counsel Guy Krogh
are working on re-doing the committee structure.
Edward LaVigne – reported the following:
Solar
• CS Energy – open meeting at Community Center, April 26, 2023
• Councilperson Joe Wetmore will be part of this group
Highway Building
• Councilperson Ruth Groff will be part of this group
Airport
• Delta flight to Kennedy airport available now
WORK SESSION MEETING ITEMS OF DISCUSSION
Pathways – Emilie Jonas Falls
Will discuss later.
PRIVILEGE OF THE FLOOR – COMMENTS
Two residents stated the following about Emilie Jonas Falls Trail:
• Do not want easement to go through to the Town
• Previously signed easement for Town or Fingerlakes Land Trust
• Issues with parking on road and people on their property
• Wants to be more involved with the discussions
• People hurting the Falls – digging fossils, etc.
• People there at night
MOTION TO ENTER EXECUTIVE SESSION
Councilperson Joseph Wetmore moved to ENTER EXECUTIVE SESSION TO
DISCUSS MEDICAL, FINANCIAL, CREDIT OR EMPLOYMENT HISTORY OF
A PARTICULAR PERSON/CORP, OR MATTERS LEADING TO SAID
April 19, 2023
63
DISMISSAL, REMOVAL, PROMOTION, APPOINTMENT, EMPLOYMENT,
DISCIPLINE, DEMOTION, OR SUSPENSION AND THE PROPOSED
ACQUISITION/SALE/LEASE OF REAL PROPERTY WHEN PUBLICITY
MIGHT AFFECT VALUE AT 7:46 PM.
Councilperson Ruth Groff seconded the motion.
All in Favor – 5 Opposed – 0
MOTION TO EXIT EXECUTIVE SESSION
Councilperson Andra Benson moved to EXIT EXECUTIVE SESSION AT 9:19 PM.
Councilperson Ruth Groff seconded the motion.
All in Favor – 5 Opposed – 0
MOTION TO ADJOURN MEETING
Councilperson Andra Benson moved to ADJOURN THE MEETING AT 9:20 PM.
Councilperson Joseph Wetmore seconded the motion.
All in Favor – 5 Opposed – 0
Minutes taken and executed by the Town Clerk.
Respectfully submitted,
Deborah K. Munson, RMC
Town Clerk