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Home My WebLink About11-28-16 PB Minutes DRAFT Town of Lansing Monday, November 28, 2016 5:00 PM PLANNING BOARD MEETING PLANNING BOARD MEMBERS ('Denotes present) * Tom Ellis,Chairman * Norman(Lin)Davidson,Vice-Chairman * Larry Sharpsteen * Al Fiorille * Gerald Caward * Deborah Trumbull * Sandra Dennis Conlon,Alternate Other Staff Lynn Day, Zoning Officer Mike Long, AICP Ed LaVigne, Town Supervisor Guy Krogh, Esq. Public Present Scott Pinney Michael Clarkson Rachel Clarkson Scott Gibson Comprehensive Plan Review The Planning Board Meeting was called to order at 5:00 PM. Members worked on the Comprehensive Plan Updates until 6:32 PM and then began other business. Other Business 1 DRAFT Thomas Ellis, Chairman called the Planning Board Meeting to order at 6:32 PM. Comments/Concerns of Items not on the Agenda There were none. Replacement of Planning Board Member Chairman Ellis advised the Planning Board Members that the Town Board accepted Richard Prybyl's resignation and appointed Sandra Dennis Conlon, the current Alternate Member to fill Mr. Prybyl's open position for his remaining term. According to Mr. Ellis, the Town is in the search mode for an Alternate Member. ApprovaVDenial of November 14, 2016 Planning Board Minutes Page 3, last paragraph, last sentence change 25' to 56' and add the word above before 56'. Also, indicate the Fire Department now has the Ladder Truck for 100' Height. Pg. 15, insert Mr. Ellis's question to Mr. Covert regarding his intent for the existing Single Family home to remain as such. Pg. 10, 2nd line deter, 4th line add said after Sciarabba. Larry Sharpsteen made a motion to approved as amended. Deborah Trumbull seconded the motion and it was carried by the following roll call vote: Vote of Planning Board . . . (Aye) Gerald Caward, Member Vote of Planning Board . . . (Aye) Sandra Dennis Conlon, Alternate Vote of Planning Board . . . (Aye) Norman (Lin) Davidson, Member Vote of Planning Board . . . (Aye) Al Fiorille, Member Vote of Planning Board . . . (Aye) Larry Sharpsteen, Member Vote of Planning Board . . . (Aye) Deborah Trumbull, Member Vote of Planning Board . . . (Aye) Thomas Ellis, Chairman DRAFT Public Hearing for Site Plan Review, Applicant: A. Scott Pinney, Peruville Road, Tax Parcel # 30.-1-28.212 Scott Pinney and his Engineer appeared before the Board for Site Plan &SEQR Review. Mr. Pinney intends to add fifteen (15) new Duplexes to his already existing four (4) Duplexes and Contractor's Office Building. Mr. Pinney intends to use the remaining land to the east as a fill site/ Contractors Storage Yard. Larry Sharpsteen made a motion to open the Public Hearing. Norman (Lin) Davidson seconded the motion and it was carried by the following roll call vote: Vote of Planning Board . . . (Aye) Gerald Caward, Member Vote of Planning Board . . . (Aye) Sandra Dennis Conlon, Alternate Vote of Planning Board . . . (Aye) Norman (Lin) Davidson, Member Vote of Planning Board . . . (Aye) Al Fiorille, Member Vote of Planning Board . . . (Aye) Larry Sharpsteen, Member Vote of Planning Board . . . (Aye) Deborah Trumbull, Member Vote of Planning Board . . . (Aye) Thomas Ellis, Chairman Public Comments Michael Clarkson whom has a residence near the northeast corner of Mr. Pinney's proposal has concerns with the visual impact that he will have to look at as the result of the proposed buildings. It will interfere with the wonderful view of the field and eliminate the tranquility that comes with that. Also noise is a great concern as that has increased over the last year with Mr. Pinney's Contractor's Yard, especially in the afternoons. This is inconsistent with other development in the neighborhood. Mr. Clarkson is concerned with his well water as the result of this proposal. Mr. Clarkson would welcome any additional screening/buffering on the new proposal the Board would consider. Thomas Ellis states with the 37 + acres Mr. Pinney owns, he is permitted by right to the density value of 1 dwelling unit per 40, 000 sq. feet. 3 r DRAFT The question was asked of Mr. Pinney if the road would be paved. He responded by stating initially graveled and then paved. The County Planning Department offered the following 239 reply; 4 ti DRAFT Tompkins County DEPARTMENT OF PLANNING 121 Fast Court Street Ithaca,New York 14850 Edward C.Marx,AICP Telephone(607)274-5560 Commissioner of Planning Fax(607)274-5578 January 6,2015 Michael I I. Long,AICP,Consulting Planner Town of Lansing 29 Auburn Road Lansing,NY 14882 Re: Review Pursuant to§239-I,-m and-n of the New York State General Municipal Law Action: Site Plan Review for proposed Pinney Duplex Apartments,Town of Lansing Tax Parcel #30:1-28.212,RA Zoning District,A.Scott Pinney,Owner/Applicant,Wayne Mattison, PE,Agent. Dear Mr.Long: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to§239-I and-m of the New York State General Municipal Law.The Department has reviewed the proposal,as submitted,and has determined that it may have negative inter-community,or county-wide impacts as described below.We recommend modification of the proposal.If the Board does not incorporate the recommendations,such approval will require a vote of a supermajority (meaning a majority plus one)of all members of the decision-making body. Recommended Modifications • To adequately provide safe access for emergency vehicles and residents we recommend the Town require the road be built to standards as outlined in Town Law referenced in the Town's Subdivision development standards. • Prior to issuing approvals the Town should require clarification of what activities are allowed in the "Area to Remain Undeveloped"to ensure activities do not conflict with residences and their water supply. Other Comments • We note that the Tompkins County Environmental Health Department has not yet reviewed these plans and further believe there are several issues related to septic systems and water supply that would likely require modification of the site plan.The Town should require submission of these plans for review by the Health Department prior to issuing approvals. 1m-fusion through,Diversity DRAFT Mr. Long,AICP states Mr. Pinney must build the road to the weight and bearing capacity for Town roads. It must be 20' wide for emergency vehicles to pass. Mr. Pinney indicated he will build the road in Phase I. Marty Mosely a resident who resides across the road from the proposal inquired if there is or would be a Storm Water Maintenance Plan to handle the westerly boundary detention area for the proposal. Mr.Long states there will be one prepared for Mr.Pinney to sign, to date that has not been completed. Mr. Ellis states after speaking with legal counsel, the Planning Board needs to come up with conditions as to how the Contractors' yard can and will be used in the southeast corner of the property. This can't be an opened ended accessory use to his existing business, which is located down in the southwest corner. Mr. Long states Mr. Pinney earlier stated he want to continue using it the way he has been. Mr. Pinney states it is mainly a fill site for excess material from other job sites such as dirt and occasional concrete and blacktop. The old concrete and blacktop does get crushed up and used on other job site. Mr. Pinney indicated he has been stock piling the old concrete and blacktop for about 6-7 years and then he uses the crusher for 2 weeks. This is not something that happens every year. Mr. Ellis has concerns with this being a residential area and the residents being exposed to the noise when Site Plan Review hasn't even taken place for the "crushing" operation. Lighting will comply with the Town of Lansing's Lighting requirement. The Board felt that since this will be a Contractor's Site, the future tree plantings as proposed on the Site Plan should occur now. A berm along Peruville Road should go in first and then plantings should go behind it. The Board discussed a schedule for each part of the fill and when the plantings/ and or seeding should occur. It was agreed that Evergreens should be planted in the back northeast corner to take care of the neighbor's concern and then turn the corner east up Scofield Road half way. (where it says diversion 6 DRAFT swale on the proposed Map). The size of the trees should be approximately 6-8 feet tall every 15 feet. Sandra Dennis Conlon made a motion to close the Public Hearing. Norman (Lin) Davidson seconded the motion and it was carried by the following roll call vote: Vote of Planning Board . . . (Aye) Gerald Caward, Member Vote of Planning Board . . . (Aye) Sandra Dennis Conlon, Alternate Vote of Planning Board . . . (Aye) Norman (Lin) Davidson, Member Vote of Planning Board . . . (Aye) Al Fiorille, Member Vote of Planning Board . . . (Aye) Larry Sharpsteen, Member Vote of Planning Board . . . (Aye) Deborah Trumbull, Member Vote of Planning Board . . . (Aye) Thomas Ellis, Chairman Mike Long gave a brief overview of the SEQR process to the Public present. Members reviewed part 1 of the State Environmental Assessment form, and completed part 2. Deborah Trumbull offered the following Resolution. Larry Sharpsteen seconded the motion and it was carried by the following roll call vote: Vote of Planning Board . . . (Aye) Gerald Caward, Member Vote of Planning Board . . . (Aye) Sandra Dennis Conlon, Alternate Vote of Planning Board . . . (Aye) Norman (Lin) Davidson, Member Vote of Planning Board . . . (Aye) Al Fiorille, Member Vote of Planning Board . . . (Aye) Larry Sharpsteen, Member Vote of Planning Board . . . (Aye) Deborah Trumbull, Member Vote of Planning Board . . . (Aye) Thomas Ellis, Chairman RESOLUTION PB 16-25 7 DRAFT STATE ENVIRONMENTAL QUALITY REVIEW RESOLUTION MAKING NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR THE PROPOSED PINNEY PROPERTIES, LLC SITE PLAN FOR 15 DUPLEX BUILDINGS AT PERUVILLE AND SCOFIELD ROADS WHEREAS, an application was made by Pinney Properties, LLC (A. Scott Pinney, Member) for site plan approval for the proposed construction of 15 Duplex (2-family residential) units, each to be approximately 1,568 SF, to be added to an existing contractor's office, contractor's storage yard, and 4 existing Duplex residential buildings located at 390 Peruville Road, Lansing, New York, also known as TPN 30.-1-28.212, as located in the RA- Rural Agriculture Zone and consisting of approximately 37.99±acres, and such proposal will also include, when fully completed, a private driveway connecting Peruville Road with Scofield Road; and WHEREAS, the Timothy C. Buhl, P.E. completed a Stormwater Management Report dated July 2016, which report shows a disturbance of 14.9± acres and which report proposes how to manage the additional stormwater impacts of development on the site and the stormwater system which would accommodate and treat such disturbances and their runoff; and WHEREAS, this proposed action is a Type I Action for which the Town of Lansing Planning Board is the sole involved agency for the purposes of a State Environmental Quality Review Act ("SEQRA") review, such that the Town will thus undertake as Lead Agency an uncoordinated review of the long-form,Full Environmental Assessment Form ("FEAF") under SEQRA; and WHEREAS, (i) requisite General Municipal Law § 239 referrals were duly made and the reply and recommendations of County Planning are reflected in their letter dated January 6, 2015, none of which concerns affect this environmental review, and (ii) the Planning Board further finds that agricultural/farm operations will not be impacted by the project because there are no current or planned farm operations on the project site; and WHEREAS, on November 28, 2016, the Town of Lansing Planning Board, in performing its reviewing agency functions in conducting an environmental review in accordance 8 DRAFT with Article 8 of the New York State Environmental Conservation Law and SEQRA regulations: (i) pursued its thorough review of the project and the Applicant's FEAF, as well as a review of all other documents prepared and submitted with respect to this proposed action; and (ii) thoroughly analyzed the potential relevant areas of environmental concern of the project to determine if the proposed action may have any moderate or significant adverse impacts on the environment, including the criteria identified in 6 NYCRR § 617.7(c); and (iii) reviewed the FEAF on the record; and WHEREAS, each identified potential environmental impact was analyzed and duly considered by the Planning Board in relation to the question of whether any potential environmental impacts were so probable of occurring or so significant as to require a positive declaration, and after weighing the above and all other potential impacts arising from or in connection with this project, and after also considering: (i) the probability of each potential impact occurring; (ii) the duration of each potential impact; (iii) the irreversibility of each potential impact, including permanently lost resources of value; (iv)whether each potential impact can or will be controlled or mitigated by permitting or other processes; (v) the regional consequence of the potential impacts; (vi) the potential for each impact to be or become inconsistent with the Towri s master plan or Comprehensive Plan and local needs and goals; and (vii) whether any known objections to the Project relate to any of the identified potential impacts, the Planning Board found that these factors did not cause any potential impact to be or be likely to become a moderate or significant impact such that a negative declaration will be issued. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. After consideration of the potential environmental impacts, including those reviewed in accord with 6 NYCRR § 617.7(c), the Planning Board finds that the proposed action of approving the proposed 15 Duplex Building site plan, as based upon the site plan by Timothy Buhl, P.E. dated Oct. 6, 2015 and amended June 15, 2016, as submitted, will no moderate or significant negative environmental consequences or impacts. 2. This declaration is made in accord with Article 8 of the New York State Environmental Conservation Law and SEQRA regulations promulgated thereunder,and accordingly, the Planning Board of the Town of Lansing, based upon: (i) its thorough 9 DRAFT 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 any moderate or significant adverse impact on the environment,including,but not limited to, the criteria identified in 6 NYCRR § 617.7(c); and (iii) its completion of the FEAF, including the findings noted therein (if any, and which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance ("Negative Declaration") in accordance with SEQRA for the above referenced proposed actions, and determines that an Environmental Impact Statement is therefore not required. 3. A Responsible Officer of the Planning Board of the Town of Lansing is hereby authorized and directed to complete and sign, as required, the determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed FEAF and determination of significance shall be incorporated by reference in this Resolution Dated: November 28, 2016 VOTE AS FOLLOWS: Gerald Caward,Jr. - Aye Sandra Dennis Conlon - Aye Norman L. Davidson- Aye Al Fiorille - Aye Larry Sharpsteen- Aye Deborah Trumbull - Aye Thomas Ellis, Chairperson- Aye Mike Long reviewed the following conditions to be incorporated into the Site Plan Approval Resolution as follows; 1. Screening: develop a phased plan for the area around Peruville Road that would include planting of trees 6-8 Feet in height,15 foot on center that would correspondence with the 10 DRAFT phasing of the fill. In the Northeast corner shall come along two sides as far as practical or until near septic systems. 2. More specific language in terms of the Road and Stormwater/Water Supply as the result of the County 239 Review. 3. Time Frame on the Activities for the Contractor's Yard; Crusher to be used (1) one time, every four (4)for a period not to exceed(3) Three Weeks at a time. Hours of operation for crushing: 7:00 AM to 4:00 PM. Larry Sharpsteen offered the following Resolution. Gerald Caward seconded the motion and it was carried by the following roll call vote: Vote of Planning Board . . . (Aye) Gerald Caward, Member Vote of Planning Board . . . (Aye) Sandra Dennis Conlon, Alternate Vote of Planning Board . . . (Aye) Norman (Lin) Davidson, Member Vote of Planning Board . . . (Aye) Al Fiorille, Member Vote of Planning Board . . . (Aye) Larry Sharpsteen, Member Vote of Planning Board . . . (Aye) Deborah Trumbull, Member Vote of Planning Board . . . (Nay)Thomas Ellis, Chairman RESOLUTION PB 16-26 RESOLUTION ISSUING PINNEY PROPERTIES, LLC SITE PLAN APPROVAL FOR 15 PROPOSED DUPLEX UNITS AT 390 PERUVILLE ROAD WHEREAS, an application was made by Pinney Properties, LLC (A. Scott Pinney, Member) for site plan approval for the proposed construction of 15 Duplex (2-family residential) units, each to be approximately 1,568 SF, to be added to an existing contractor's office, contractor's storage yard, and 4 existing Duplex residential buildings located at 390 Peruville Road, Lansing, New York, also known as TPN 30.-1-28.212, as located in the RA - Rural Agriculture Zone and consisting of approximately 37.99± acres (labeled 37.32 acres on site plan), and such proposal will also include, when fully completed, a private driveway connecting Peruville Road with Scofield Road; and 11 DRAFT WHEREAS, the Timothy C. Buhl, P.E. completed a Stormwater Management Report dated July 2016, which report shows a disturbance of 14.9± acres and which report proposes how to manage the additional stormwater impacts of development on the site and the stormwater system which would accommodate and treat such disturbances and their runoff; and WHEREAS, this proposed action is a Type I for which the Town of Lansing Planning Board duly issued a Negative Declaration of environmental impacts under SEQRA; and WHEREAS,a General Municipal Law§239 referral was delivered to,and a review dated January 6, 2015 was received from, the Tompkins County Planning Department, which recommended the private drive to be built to Town Road specifications and clarify the "Area to Remain Undeveloped" and such County Planning Department recommendations have been duly implemented; and WHEREAS, the Planning Board has again considered and carefully reviewed the requirements of the LUO relative to site plan review, the unique needs of the Town due to the topography, the soil types and distribution, and other natural and man-made features upon and surrounding the area of the proposed site plan,and the Planning Board has also considered the zoning in the area and the project in light of the Towri s Comprehensive Plan and compliance therewith, and the Planning Board has again reviewed and considered the aforementioned amended site plan application and determined that a public hearing is required, and such public hearing was duly noticed and held upon November 28, 2016, and all persons wishing to be heard were duly heard and all evidence submitted was duly received; and WHEREAS, the Planning Board recognizes that the site already contains commercial business office building,4 existing duplexes,and a construction and excavation materials storage area,and this application seeks mainly to expand the number of residential units, while staying within allowed density rules for the zone,and to have the materials storage area, at the request of the CEO, be denominated as a contractor's storage yard; and WHEREAS, on said November 28, 2016, the Planning Board duly considered the proposed site plan in accordance with the provisions of LUO § 701.4 et seq., including 12 DRAFT concerns addressing site drainage, lighting, nearby residences, landscaping, parking, buffering,screening,driveways,and any potential on and off site environmental impacts, and upon due consideration thereupon and deliberation by the Town of Lansing Planning Board, now therefore be it RESOLVED, that the Pinney Properties, LLC Duplex site plan application for the proposed construction of 15 Duplex (2 family dwelling units) of 1,568±SF each, a private driveway connecting Peruville Road with Scofield Road,and related stormwater and site area improvements as shown and to be located at 390 Peruville Road,Lansing,New York, be and hereby is granted and approved, subject to the following conditions: 1. The existing fill site has been incorporated into the overall site plan to indicate the use and drainage improvements, and it will be operated only as a contractor's storage yard subject to the following restrictions and rules: (i) The contractor's yard shall only operate as it historically has in the past in respect of the materials thereat stored, being topsoil, blacktop (asphalt), concrete, and fill materials removed from other sites and stored in such contractor's yard, mainly for the purpose of recycling, re-use, and the phased spreading and filling-in of the site with the materials there stored and not so re-used; (ii) No operations shall be permitted other than crushing operations for up to three continuous weeks, no more than once every four years, and performed only between 7 am and 4 pm, all upon at least 2 weeks' advance notice to the Town's Code Officer of the date of commencement of such operations; and (iii) The contractor's yard location is limited to the approximate 5 acre area as shown upon the site plan, and once the land is filled, reclaimed, and seeded, such use shall cease and discontinue, no grandfathering or pre-existing or allowed use rights shall survive to allow re-opening of a contractor's yard or other operations, and the site shall become open space maintained for and in relation to the residences thereupon sited. 2. No other or future subdivision or re-subdivision of the parcel or the site, or any portion of either thereof, shall be permitted. 13 DRAFT 3. The interior roadway will remain a private driveway that will be built to meet,and be maintained to comply with, § 280-a of Town Law and all zoning and building code requirements, including being built and maintained in a manner and as to support and be and remain passable for fire trucks and emergency vehicles. The roadway base and construction thereof shall be subject to the inspection and informal approval thereof by the Town Highway Superintendent to confirm that such way will meet§280-a standards. Such roadway shall be fully inspected,built, and operational prior to the issuance of any CO for any buildings. 2. Site plan approvals shall be limited to the application materials and drawings as prepared by Timothy Buhl, P.E., dated October 6, 2015 and amended June 15, 2016. That most recent site plan shall be updated and amended to meet and reflect these conditions prior to any building or other permits being issued, and such updated site plan shall be generally reviewed and approved by the Town Planner and shall be and become,once so approved, the final site plan. 3. Verification that the existing and any new stormwater systems and features, are properly constructed and working prior to issuance of any CO or the close-out of any building permit. 4. Building Permits will be required to construct the approved Duplex buildings and such plans must meet all code requirements, including the sealing of plans by a licensed engineer or architect, and be constructed in compliance with all building code requirements. 5. All the individual buildings on the entire site must be approved by the Tompkins County Health Department for the Water and Sanitary Sewage (Septic) Systems. 6. The following additional screening and buffering shall be installed: (i) the northeasterly corner shall be planted with a row of Serbian Spruce (or an equivalent species approved by the CEO) of 6-8' in initial height, planted 15' on center, to create a visual and sound buffer for adjoining and nearby residences; (ii) road frontage along Peruville Road shall have a row of row of Serbian Spruce (or an equivalent species approved by the CEO) of 6-8' in initial height, planted in equally offset two parallel rows 14 DRAFT 25' on center(net visual on center offset from roadway is thus 12.5'),all planted on a berm at least 5 feet high to enhance visual and sound screening and buffering; and (iii) the buffering required along the roadway shall be extended easterly and westerly to the property boundary line and to the driveway to infill existing treed areas to create an equivalent buffer (including a 5 foot berm is thereat required). All planted trees shall not be trimmed and branches thereupon shall remain to the ground level to serve the screening and buffering purposes herein sought. All such buffering shall be installed and the sites stabilized prior to the issuance of any CO for any buildings. 7. All existing or required vegetative screening and buffers shall be maintained as healthy and natural non-invasive vegetation designed to provide both visual and sound buffering.Except as otherwise required above,emphasis shall be placed and remain upon solid cover barriers such as hedges and offset rows of evergreen trees, or densely placed deciduous trees with variable heights and interspersed with evergreens or other plants as provide for such cover.Existing and any new buffers shall be properly maintained and any dead, diseased, or dying trees or plants shall be promptly replaced, and any tree or plants that,whether singularly or in combination,due to lack of growth,death,recession, disease or other cause, cease to function as screening or buffers shall be replaced in a manner as promotes the goal of such screening buffer as stated in this or any prior site plan approval. November 28, 2016 VOTE AS FOLLOWS: Gerald Caward,Jr. - Aye Sandra Dennis Conlon- Aye Norman L. Davidson-Aye Al Fiorille - Aye Larry Sharpsteen- Aye Deborah Trumbull - Aye Thomas Ellis - Nay 15 DRAFT Norman Davidson made a motion to adjourn the Meeting at 7:43 PM. Al Fiorille seconded the motion and it was carried by the following roll call vote: Vote of Planning Board . . . (Aye) Gerald Caward, Member Vote of Planning Board . . . (Aye) Sandra Dennis Conlon, Alternate Vote of Planning Board . . . (Aye) Norman (Lin) Davidson, Member Vote of Planning Board . . . (Aye) Al Fiorille, Member Vote of Planning Board . . . (Aye) Larry Sharpsteen, Member Vote of Planning Board . . . (Aye) Deborah Trumbull, Member Vote of Planning Board . . . (Aye) Thomas Ellis, Chairman 16 Town of Lansing Planning Board Meeting November 28, 2016 Visitors Please Sign In Below: (Please Print) Name Address sC e7T �rt►t rt http://www.lansingtown.com/