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HomeMy WebLinkAbout08-08-16 PB Minutes • APPROVED Town of Lansing Monday, August 8, 2016 6:30 PM PLANNING BOARD MEETING PLANNING BOARD MEMBERS (*Denotes present) * Tom Ellis,Chairman * Norman(Lin)Davidson,Vice-Chairman * Larry Sharpsteen Richard Prybyl * Al Fiorille * Gerald Caward * Deborah Trumbull * Sandra Dennis Conlon,Alternate Other Staff Lynn Day, Zoning Officer Mike Long, AICP Guy Krogh, Esq. Ed LaVigne, Town Supervisor Public Present Connie Wilcox Bruce & Martha Turnbull Bill & Nancy Bellamy Ron & Nancy Gardner Karin Sternberg Karen &Jim Piersanti John Andersson Tom & Donna Roberts Stephen & Natalia Emlen John & Carol Vineyard Maryanne Banks Carolyn Sampson Robert &Vanne Cowie Roberta Wasenko Paul Southard Lori Kofoid Amanda Ryen-Yowhan Mike Sweazey John Young John Stevens Harry & Patricia Powers Ed & Anne McLaughlin John Kotmel Glenn Fletcher & Maurine Linder Marcia Herrick ~ Other Business 1 • APPROVED Thomas Ellis, Chairman called the Planning Board Meeting to order at 6:33 PM. Chairman Ellis enacted Sandra Dennis Conlon, Alternate Member as a voting Member this evening. Chairman Ellis inquired if there were any public comments/concerns of items that were not on the Agenda. There were none. Approval/Denial of July 25, 2016 Planning Board Minutes Norman (Lin) Davidson made a motion to approve as presented. 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 . . . (Aye) Thomas Ellis, Chairman Public Hearing-Preliminary Plat & SEQR Determination for a Major Subdivision known as Novalane. Agent, John Young, East Shore Drive/Reach Run, Tax Parcel # 36.-1-17.40 Chairman Ellis advised the Public that a previous Public Hearing dating back to February 9, 2016 was still open and he would like to close that Hearing and begin with a fresh one. Norman (Lin) Davidson made a motion to close the February 9, 2016 Public Hearing at 6:35 PM. 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 • APPROVED Norman (Lin) Davidson made a motion to open the Public Hearing on the SEQR Review and overall Application at 6:35 PM. Sandra Dennis Conlon seconded the motion and it was carried by the following roll call vote: Vote of Planning Board . . . (Aye) Gerald Caward, Member Vote of Planning Board . . . (Aye) Sandra Dennis Conlon, Alternate Vote of Planning Board . . . (Aye) 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/Concerns Natalia Emlen read aloud the following; 3 APPROVED lob August 7,2016 Thoughts on the NOVALANE ROAD CONNECTING SMUGGLERS PATH to A LAK \„4".% ROAD. . submitted by Natalia J. Emlen and Jean-Pierre Habicht 'Cr We would like to see the following features incluced: AESTHETICS 1. As little additional road signage as possible in order to reflect and preserve the quiet,residential nature of our neighborhood a. Obviously,the"no outlet"sign will need to be removed. — SQ,Q 0.VY1e {rein t SAFETY TOAt 2. 2. A reduced speed limit on Eastlake Road (20-25 mph) 3. Speed bumps at strategic intervals along Eastlake Road to slow down all traffic travelling up and down the road. a. In our experience,the further up and down the road a driver intends to travel,the faster the speed of the vehicle driven. b. We believe speed bumps are an excellent solution to the problem of excessive speed. i, It isn't just local residents who use excessive speed,but alio the drivers of all manner of delivery trucks and refuse haulers. c. We suggest that marking the speed bumps with white paint on the road surface itself is the best way to draw attention to their existence (and reduce the need for road signs). ADDED VALUE FOR RESIDENTS 4. We hope that the road will be designed in such a way as to promote safe use by pedestrians and also for bike cyclists. a. We assume the new road will be significantly less steep than the hill that is currently Eastlake Road. b. As such, it could and we hope it will,present an excellent,safe roadway for those of us who love to walk(with or without dogs) for exercise. c. We believe It should also provide safe passage for people pedaling their bicycles. CONCLUSION 5. In our opinion,trying to walk or bike safely along East Shore Drive or trying to cross East Shore Drive to get to and from Eastlake Road to Water Wagon Road is repeatedly,a scary and nightmarish experience. Members of the Planning Board and Town Board have agreed with Natalia Emien when she has previously commented publically on her fears, "You should be afraid" was the message she received. Thus,we respectfully request that the Planning Board and Highway Department take pedestrian and biking safety into account during the planning and construction of the new road. We think we speak for more than just ourselves when we say,"If you build it,we will want to use it." • APPROVED August 8, 2016 Amendment to Emlen-Habicht letter regarding the Novalane Road Rather than remove the"NO OUTLET" sign located near the current entrance onto Eastlake Road, other neighbors have recently expressed a strong interest in seeing that sign RELOCATED at or below the intersection of Eastlake Road with the new road. As they explain it, "quite a few people" drive all the way to the end of Eastlake Road, continuing onto the shared private driveway at the bottom before they realize there is no outlet down along the lake. These same neighbors also think it is very likely that residents who live on Bolton Point Road also experience similar, unnecessary traffic. Marty Stallone presented the following language be replaced with the below language; 5 APPROVED Proposed Addition to the Necessary Conditions of Resolution PB-16 ►a'1--0(4.e.s L'if (# __) That acc :: into e proposed development (the seven lots mentioned herei t`iF3._-_-_ _; a connecting road that extends directly from Smuggler's Path (from the Lake Watch development) to East Lake Road (of the East Lake development). This is in accordance with an easement to this effect which is already in existence, and which relates to the development of the land pertaining to this resolution. To avoid any doubt, this necessary condition requires dual road access to and from the seven proposed lots extending from bot the Lake Watch and East Lake developments, for the purpose of(1) re cing unnecessary traffic on one adjacent development at the expense f the other, and (2) to provide expanded egress from the western end of both the Lake Watch and East Lake developments, which currently h ve only one exit. ?mike...kat .3 p pM Svt\9 rn i -464- Li c,o/N t 1 ,, ,.i r-,..11 il\o,-;N I 4-44._ 22 Rocfk gv(1 z 104 Aft-g. RI ci 1 _--- d/ Mike Long, AICP clarified for the record, the Novalane Subdivision and the connector Road to East Lake are two different projects, by two different parties. The Resolutions should not include road issues as the Town is building the road. The intent is for both projects to be completed close to the same time. Michael Feehan states this is the first time he has heard that the road and Subdivision are two separate projects. Mr. Feehan he has spoken with many of his neighbors and those that support this, only support it insofar that the understanding is that the road will first connect and there will be no construction until this happens. Mr. Feehan publicly wanted to thank Jack Young for his donation to the Town in order to make the connector road happen. 6 APPROVED Roberta Wasenko has great concerns with parents dropping their children off to skate board in the road. Ms. Wasenko believes the Town should install additional signage warning of such and or speed bumps. A gentlemen requested clarification on the drainage at the base of East Lake Road. This person states a lot of the drainage runs down the south side of the hill and in previous years he has incurred a lot of expense to fix the problem. This person wants to make sure the drainage in that area has been taken into consideration. Mr. Ellis, Chairman indicated the Stormwater is being looked at very carefully as a matter of fact the Developer has already lost one lot for the purposes of Stormwater. Bruce Turnbull states he also is concerned with trees on the west end of the bank being cut down. Mr. Turnbull states the trees help the bank from collapsing. Larry Sharpsteen suggested that the Planning Board Members have a discussion with respect to some of the requests such as, speed bumps etc. Mike Long, AICP indicated that the speed bumps and any road, signage issues are the Highway/Town Board jurisdiction. Larry Sharpsteen made a motion to close the Public Hearing at 6:57 PM. 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 Planning Board Members review Part 1 of the New York State Environment Act Form and completed Part 2. Norman (Lin) Davidson offered the following Resolution declaring a Negative Declaration. 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 7 APPROVED 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 16-10 TOWN OF LANSING PLANNING BOARD SEQRA NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR THE PROPOSED NOVALANE MAJOR SUBDIVISION PRELIMINARY PLAT WHEREAS, an application was made by John Young for a preliminary plat approval for the Novalane subdivision, consisting of 8 lots (six for new residential building, a stormwater lot and one remaining portion of the parent lot) on certain land located on 1714 East Shore Drive with access to the sites by Smuggler's Path, Lansing, New York and otherwise known as Tax Parcel #36.-1-17.40, consisting of a total of 32.71± acres in the R-1 Residential Low Density Zone; and WHEREAS, the proposed subdivision, as shown on a "Preliminary Novalane Subdivision Lots 1-6, located at 1714 East Shore Drive, Town of Lansing, Tompkins County, New York," dated 07/15/2015, would consist of Lot 1 (3.1 +/- acres), Lot 2 (1.74± acres), Lot 3 (1.63± acres), Lot 4 (1.26± acres), Lot 5 (1.62±acres), Lot 6 (3.51 acres), with the storm water lot and remaining parent parcel to include 18.81± acres; and WHEREAS, this proposed action is an "Unlisted Action" for which the Town of Lansing Planning Board is an involved agency for the purposes of conducting an uncoordinated environmental review; and WHEREAS, the Town of Lansing has discussed this project and received comments at public meetings held on April 28, 2014, January 26, 2015, and held a Public Hearing on February 9, 2015 and again upon August 8, 2016; and WHEREAS, the only indicated item of concern was a positive search result in EAF mapping relating to the potential existence of an archaeosensitive area thus requiring additional research and mapping work, and an examination of CRIS mapping and data revealed that the site is within a half-mile buffer zone mapped in proximity to the shoreline of Cayuga Lake and to Myers Point where archeosensitive areas have been indicated; however, given the location of the site, the bluff it is atop, the lack of littoral access, and the distance between the potential archeosensitive sites and this location, and after research into the same by the developer and a hired expert in respect of land and environmental matters, it has been found and determined that no impacts to any archeosensitive areas are likely or indicated; and 8 APPROVED WHEREAS, the Town of Lansing Planning Board, in performing its independent and uncoordinated environmental review in accordance with Article 8 of the New York State Environmental Conservation Law, the State Environmental Quality Review Act ("SEQRA") and its implementing regulations: (i) pursued its thorough review of the applicant's completed Environmental Assessment Form, Part I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review; (ii) thoroughly analyzed the potential relevant areas of environmental concern of the project to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 617.7(c); and (iii) reviewed and completed the EAF, Part II on the record and each of the identified impacts were analyzed and duly considered by the Planning 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 and all other potential impacts arising from or in connection with this project, and after also considering: the probability of each potential impact occurring; the duration of each potential impact; the irreversibility of each potential impact, including permanently lost resources of value; whether each potential impact can or will be controlled or mitigated by permitting or other processes; the regional consequence of the potential impacts; the potential for each impact to be or become inconsistent with the Town's master plan or Comprehensive Plan and local needs and goals; and 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 significant; and WHEREAS, and after due deliberation upon the foregoing, the project and its potential impacts, and upon a review and analysis of each and all potential environmental impacts, the Planning Board as Lead Agency hereby makes a negative declaration of environmental impact from the approval of this preliminary plat; accordingly, it is hereby RESOLVED, that the Planning Board of the Town of Lansing be and hereby is again declared to be the Lead Agency; and it is further RESOLVED, after consideration of the above impacts, and other impacts required under 6 NYCRR Part 617, Section 617.7(c), the Lead Agency finds that the proposed action - approval of the Novalane Preliminary Plat - will have no significant negative environmental consequences; and it is further RESOLVED AND DETERMINED, that this declaration is made in accord with Article 8 of the Environmental Conservation Law of the State of New York and the New York 9 APPROVED SEQRA Act, and the Regulations promulgated thereunder, and accordingly, the Planning Board of the Town of Lansing, based upon (i) its thorough review of the EAF, 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 EAF, 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 action, and determines that an Environmental Impact Statement is therefore not required; and it is further RESOLVED, that a responsible officer 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 EAF and determination of significance shall be incorporated by reference in this Resolution; and it is further August 8, 2016 Motion by: Norman Davidson Seconded by: Deborah Trumbull VOTE AS FOLLOWS: Gerald Caward,Jr. - Aye Sandra Dennis Conlon- Aye Lin Davidson- Aye Al Fiorille - Aye Larry Sharpsteen- Aye Deborah Trumbull - Aye Thomas Ellis - Aye Deborah Trumbull offered the following Resolution. Norman (Lin) Davidson seconded the motion and it was carried by the following roll call vote: Vote of Planning Board . . . (Aye) Gerald Caward, Member Vote of Planning Board . . . (Aye) Sandra Dennis Conlon, Alternate Vote of Planning Board . . . (Aye) Norman (Lin) Davidson, Member Vote of Planning Board . . . (Aye) Al Fiorille, Member 10 APPROVED 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 16-11 RESOLUTION OF THE TOWN OF LANSING PLANNING BOARD APPROVING NOVALANE MAJOR SUBDIVISION PRELIMINARY PLAT WITH CONDITIONS WHEREAS, an application was made by John Young for a preliminary plat approval for the Novalane subdivision, consisting of 8 lots (six for new residential building, stormwater lot and one remaining portion of the parent lot) on certain land located on 1714 East Shore Drive with access to the sites by Smuggler's Path, Lansing, New York and otherwise known as Tax Parcel #36.-1-17.40, consisting of a total of 32.71± acres in the R-1 Residential Low Density Zone; and WHEREAS, the proposed subdivision, as shown on a "Preliminary Novalane Subdivision Lots 1-6, located at 1714 East Shore Drive, Town of Lansing, Tompkins County, New York," dated 7/15/2016, would consist of Lot 1 (3.1 +/- acres), Lot 2 (1.74± acres), Lot 3 (1.63± acres), Lot 4 (1.26± acres), Lot 5 (1.62±acres), Lot 6 (3.51 acres), with the remaining parent parcel and storm water lot to include 18.81+ acres; and WHEREAS, the Planning Board has considered and carefully reviewed the requirements of the Town's Laws relative to subdivisions and the unique needs of the Town due to the topography, the soil types and distributions, and other natural and man-made features upon and surrounding the area of the proposed Subdivision, and the Town has also considered the Town's Comprehensive Plan and compliance therewith; and WHEREAS, on April 28, 2014, the Planning Board determined that the proposed subdivision meets the definition and classification requirements as a major subdivision in that there is certain infrastructure required and the subdivision has more than 8 lots, including a proposed road extension for Smuggler's Path; and WHEREAS, the Town of Lansing Board reviewed the preliminary Smuggler's Path extension road at the Town Board Meeting January 21, 2015 and approved Resolution 15-37 Issuing 11 • APPROVED Preliminary Approval of Proposed Locations and Specifications for Roadways and Infrastructure Potentially to be Dedicated to the Town of Lansing in and for the Novalane subdivision, and WHEREAS, this action has been reviewed under the State Environmental Quality Review Act ("SEQRA") and a negative declaration was duly issued; and WHEREAS, this action has been reviewed under the General Municipal Law § 239-1 et seq. referral requirements, and formal letter from Edward C. Marx, AICP Commissioner of Planning for Tompkins County, dated December 11, 2014 was reaffirmed July 25, 2016 was duly received and considered, and County Planning noted that the western edge of the subdivision is located in the UNA # 64 area, being basically a sloped and wooded area, and the developer had hired a specialist Terrestrial Environmental Specialist, Inc. to twice look at the vegetation and the site conditions, and the developer has provided a report dated November 26, 2013 and impact mitigation plan that the Planning Board determined satisfies the County's 239 concerns; and WHEREAS, on January 26, 2015, the Planning Board reviewed and considered the aforementioned preliminary plat subdivision application in the Lansing Town Hall, 29 Auburn Road, Lansing, New York 14882, and thereafter a public hearing was duly held upon such preliminary plat and its environmental and potential environmental impacts upon February 9, 2015, and again on August 8, 2016 and all members of the public were invited to attend and all comments and evidence were duly considered, and the public hearing remained open for several 12 APPROVED months thereafter and various matters in respect of this preliminary plat were regularly reviewed and the public hearing then duly closed; and WHEREAS, since such date no material change in the subdivision plan has occurred and a second Public Hearing was held August 8, 2016 or any supplemental review; the delay instead being caused by the need to design and obtain approval for the proposed interconnecting roadway, a portion of which is the responsibility of the Town; and WHEREAS, the Town is adhering to the intent of the recommendations from County Planning, but not strictly to the letter of such determination, and the sensitive area known and identified as "UNA#64—Lake Cliffs, South of Portland Point"is and will hereby be protected by the conditions as set forth below, but based upon mapping and testing the actual boundary of the steep slopes and the woods contained therein vary from the county's location or the county's "no disturbance" line, and the actual line as mapped by Terrestrial Environmental Specialists, Inc., Phoenix, New York is the line and location chosen by the Town Planning Board to demark the protected area, and a formal easement is not herein required, such that it is the intent of the Planning Board that this resolution suffices as a response to the GML § 239, this resolution will be adopted by supermajority, and the Planning Board shall cause a copy of this resolution to be delivered to County Planning is fulfillment of the Town's § 239 obligations; and it is further 13 APPROVED WHEREAS, the Planning Board has duly considered the proposed subdivision in accordance with the provisions of the Subdivision Regulations of the Town of Lansing including existing development in the surrounding area, public facilities and services available, the Town's Comprehensive Plan and Land Use Ordinance, site characteristics and issues, and any potential on and off site environmental impacts; and WHEREAS, upon due consideration and deliberation by the Town of Lansing Planning Board, now therefore be it RESOLVED: that the Town of Lansing Planning Board grants Preliminary Plat Approval of the Application for a major eight (8) lot residential subdivision of certain land located at 1714 East Shore Drive, Lansing, New York with access from Smugglers Path and otherwise known as Novalane Subdivision (Tax Parcel #36.1-7-17.40), consisting of a total of 32.71± acres, as shown on a "Preliminary Novalane Subdivision Lots 1-7, located at 1714 East Shore Drive, Town of Lansing, Tompkins County, New York," dated 7/15/2015, prepared by Jolm Anderson, P.E. consisting of Lot 1 (3.1± acres), Lot 2 (1.74± acres), Lot 3 (1.63+ acres), Lot 4 (1.26± acres), Lot 5 (1.62± acres), Lot 6 (3.51± acres), with the remaining parent parcel and stormwater lot to include 18.81±acres; subject to the following conditions being fulfilled prior to the issuance of any building permits on any of the subdivided parcels: (1) Presentation, review, approval, and proper filing and delivery of a Final Plat, with all required endorsements and seals as required by the Town Law Article 16 and the Town's Subdivision Local Law, within 180 days of the date of approval of the preliminary plat (unless extended as allowed in such local law). (2) That a drainage district be formed for such subdivision by the developer, with the facilities and infrastructure to be designed and built per NYS permit requirements and the Town of Lansing Stormwater Local Law, and once so built and inspected the same shall be dedicated to the Town, acting by and on behalf of said drainage district; and (3) Development of the subdivision will be limited to the six approved building lots identified on the plat, the storm water lot and the balance of undeveloped land (the parent parcel remnant) shall not be further subdivided, developed, or improved until such time as a secondary roadway access point is approved, constructed and duly dedicated. This condition shall be listed on the Final Plat and indexed specifically to the remnant parent parcel along SR 34. (4) The developer obtaining the necessary curb-cut/work permits from the Town of Lansing Highway Department for any driveways connecting with Smugglers Path and for any culverts that are to be installed in conjunction with such driveways. 14 APPROVED (5) The construction and dedication of the proposed extension of Smugglers Path through the subdivision of the site, which proposed location may be slightly modified, if and as needed, to ensure a connection to any future extensions to Eastlake Road as proposed in the 2006 Comprehensive Plan, mainly to interconnect the north south routes of the adjacent subdivisions as originally envisioned by this project and the Town's prior and existing Comprehensive Plans and encourage the Town of Lansing to facilitate the extension to Eastlake Road PDA as described on the original survey. (6) The obtaining of approvals and seals from the Tompkins County Health Department for the installation of any septic systems on the 6 approved building lots, together with the submission of a plot plan each such approved lot for approval by the Code Enforcement Officer showing the proposed layout and dimensions of any proposed buildings, driveways, and other improvements, as well as a drainage plan with details sufficient to demonstrate that adequate drainage facilities can be provided to protect houses from flooding, standing water, or other potential drainage problems(including to comply with the project SWPPP). (7) No landscape plantings other than lawn shall be permitted within the front yard setback areas along lots 3, 4, 5 and 6 (i.e., within 30 feet of the road right-of-way) so that visibility along the curve of the road is not restricted. This condition shall be stated on the Final Plat and indexed to the affected parcels. (8) The extension of Consolidated Water District ("CWD") infrastructure, including water mains, along such roadways to service each of the 6 building parcels, in a manner as approved by the Town Board and Bolton Point, and including the dedication of such facilities and improvements to the CWD in a manner as approved the Town Board. (9) The extension of other required utilities by underground connections in areas adjacent to the roadways depicted in the preliminary plat as approved by the Highway Superintendent, unless above- ground facilities are otherwise approved by the Planning Board or the Highway Superintendent in writing. (10) Other than approved stormwater facilities and drainage ways, no land disturbances, tree removals (other than pursuant to town-approved forestry plans), or improvements shall be constructed upon the westerly edge of the subdivision in any area where the slopes exceed 15%or westerly of the no- disturbance line that shall hereafter be demarked upon the Final Plat in the location as noted by Terrestrial Environmental Specialists, Inc., Phoenix, New York.This condition shall be stated upon the final plat and indexed to each affected parcel, with the affected areas within each parcel clearly marked on such final plat. (11) Approval of the final plat (and the preliminary plat approval of Lot#1) shall be conditioned upon the non-conforming frontage of Lot 1 duly receiving an area variance for the road frontage dimension from the Town of Lansing Zoning Board of Appeals. 15 APPROVED August 8, 2016 Motion by: Deborah Trumbull Seconded by: Norman Davidson VOTE AS FOLLOWS: Gerald Caward, Jr.—Aye Sandra Conlon Dennis -Aye Lin Davidson - Aye Al Fiorille—Aye Larry Sharpsteen—Aye Deborah Trumbull—Aye Thomas Ellis -Aye Other- Proposed Subdivision(s) - Clarification Chairman Ellis brought to the Board's attention that Minor Subdivisions that are brought before the Board require Public Hearings. The two proposed Subdivisions that have been placed on the Agenda will have to wait until such time that Public Hearing Notices and Neighbor Notifications have been printed and mailed. A Waiver would not be applicable to the two requests. Kofoid Subdivision Norman Davidson made a motion to declare this a Minor Subdivision and set the Public Hearing on the SEQR and Application for the proposed Subdivision for Monday, August 22, 2016 @ 6:35 PM. Sandra Dennis Conlon seconded the motion and it was carried by the following roll call vote: Vote of Planning Board . . . (Aye) Gerald Caward, Member Vote of Planning Board . . . (Aye) Sandra Dennis Conlon, Alternate Vote of Planning Board . . . (Aye) Norman (Lin) Davidson, Member Vote of Planning Board . . . (Aye) Al Fiorille, Member Vote of Planning Board . . . (Aye) Larry Sharpsteen, Member 16 • APPROVED Vote of Planning Board . . . (Aye) Deborah Trumbull, Member Vote of Planning Board . . . (Aye) Thomas Ellis, Chair Powers Subdivision Larry Sharpsteen made a motion to declare this a Minor Subdivision and set the Public Hearing on the SEQR and Application for the proposed Subdivision for Monday, August 22, 2016 @ 6:40 PM. 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, Chair **Mr. Ellis advised Members to retain all their information related to these two Subdivisions for the August 22nd Meeting. Site Plan & SEQR Review, Christian Fellowship Church, 2049 East Shore Drive, Tax # 37.1-2-46 John Andersson, Engineer and Dann Braid, Agent for the Christian Fellowship Church appeared before the Board for Site Plan Review for a proposed 2 Phase addition. The following Sketch was presented; 17 • APPROVED t r • Y^ ._ .. 7 Lr%w �wr — I. r r r.. R . 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I ft. .r ...w....w.....,...........w......MO - riot t.n...r a.r+a ar The Tompkins County Planning Department offered the following 239 Recommendation; 18 • APPROVED July 15,2016 Ms.Rachel Jacobsen,Zoning Clerk Town of Lansing Box 186 Lansing,NY 14882 Re: Review Pursuant to§239-1,-m and-n of the New York State General Municipal Law Action: Site Plan Review for the proposed East Shore Christian Fellowship Addition,Town of Lansing Tax Parcel#37.1-2-46,East Shore Christian Fellowship,Owner/Applicant Dear Ms.Jacobsen: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to§239-1 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 • We recommend that the site plan include a vegetated buffer on both sides of Minnegar Brook to help reduce flood risk and improve water quality.We would normally recommend that the buffer on an intermittent stream be 50 feet on either side of the stream measured from the stream bank.Given that this site is already developed we recommend that a buffer of at least 25 feet be established on both sides of the stream as a part of the building addition.The site plan should clearly indicate the location of the creek and buffer area. Please inform us of your decision so that we can make it part of the record. Sincerely, Edward C.Marx,AICP Commissioner of Planning After some discussion by the Board, it was determined no Storm Water Plan will be required due to the disturbance being under the required acre. There were no Public present with questions related to this proposal therefore, the Board does not see a need for Public Hearing. 19 APPROVED Planning Board Members reviewed the State Environmental Quality Review Act Form Part 1 and completed Part 2. Larry Sharpsteen offered the following Resolution declaring a Negative Declaration. Sandra Dennis Conlon seconded the motion and it was carried by the following roll call vote: Vote of Planning Board . . . (Aye) Gerald Caward, Member Vote of Planning Board . . . (Aye) Sandra Dennis Conlon, Alternate Vote of Planning Board . . . (Aye) 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 16-12 STATE ENVIRONMENTAL QUALITY REVIEW RESOLUTION MAKING NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR THE PROPOSED CHRISTIAN FELLOWSHIP CHURCH SITE PLAN AND 5,300 SF ADDITIONS AT 2049 EAST SHORE DRIVE WHEREAS, an application was made by Christian Fellowship Church, owner for site plan approval for the proposed construction of a commercial addition of two phases expansion of a Fellowship hall to be added to an existing church facility located at 2049 East Shore Drive, Lansing, New York, also known as TPN 37.1-2-46, located in the B1 Commercial Mixed Use Zone and consisting of approximately 2.3± acres, and such proposal more specifically will add 5,300 SF of meeting rooms, a HC accessible entrance, and 9 parking spaces on the current site; and WHEREAS, the engineer John Andersson, P.E. completed an updated Stormwater review for considering the additional impacts of development on the site and the stormwater system which would accommodate 0.8 acres of disturbance; and WHEREAS, this proposed action is an Unlisted 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, and the Town will thus undertake as Lead Agency an uncoordinated review of the Short-form Environmental Assessment Form ("SEAF") under SEQRA; and 20 APPROVED WHEREAS, the requisite General Municipal Law § 239 referrals were duly made, and the reply and recommendations of County Planning are reflected in their letter dated July 15, 2016, none of which concerns affect this environmental review, and 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 it is within an industrial-research zone; and WHEREAS, on August 8, 2016, the Town of Lansing Planning Board, in performing its reviewing agency functions in conducting an environmental review in accordance with Article 8 of the New York State Environmental Conservation Law and SEQRA regulations: (i) pursued its thorough review of the project and the Applicant's SEAF, as well as a review of all other documents prepared and submitted with respect to this proposed action; and (ii) thoroughly analyzed the potential relevant areas of environmental concern of the project to determine if the proposed action may have any moderate or significant adverse impacts on the environment, including the criteria identified in 6 NYCRR§ 617.7(c); and (iii) reviewed the SEAF on the record; and WHEREAS, each identified potential environmental impact was analyzed and duly considered by the Planning Board in relation to the question of whether any potential environmental impacts were so probable of occurring or so significant as to require a positive declaration, and after weighing the above and all other potential impacts arising from or in connection with this project, and after also considering: (i) the probability of each potential impact occurring; (ii) the duration of each potential impact; (iii) the irreversibility of each potential impact, including permanently lost resources of value; (iv) whether each potential impact can or will be controlled or mitigated by permitting or other processes; (v) the regional consequence of the potential impacts; (vi) the potential for each impact to be or become inconsistent with the Town's master plan or Comprehensive Plan and local needs and goals; and (vii) whether any known objections to the Project relate to any of the identified potential impacts, the Planning Board found that these factors did not cause any potential impact to be or be likely to become a moderate or significant impact such that a negative declaration will be issued. NOW,THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. After consideration of the potential environmental impacts, including those reviewed in accord with 6 NYCRR § 617.7(c), the Planning Board finds that the proposed action of approving the proposed East Shore Christian Fellowship church addition and site plan, as based upon the site plan as submitted, will individually and cumulatively through amending the existing approved site plan, have no moderate or significant negative environmental consequences or impacts. 21 • APPROVED 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 review of the SEAF, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review; (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have any moderate or significant adverse impact on the environment, including, but not limited to, the criteria identified in 6 NYCRR § 617.7(c); and (iii) its completion of the SEAF, including the findings noted therein (if any, and which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance ("Negative Declaration") in accordance with SEQRA for the above referenced proposed actions, and determines that an Environmental Impact Statement is therefore not required. 3. A Responsible Officer of the Planning Board of the Town of Lansing is hereby authorized and directed to complete and sign, as required, the determination of significance, confirming the foregoing Negative Declaration,which fully completed and signed SEAF and determination of significance shall be incorporated by reference in this Resolution Dated: August 8, 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 -Aye Lynn Day,Zoning clarified for the record there is a 3 years expiration date for the Site Plan per the Town's Land Use Ordinance. With respect to the County's 239 recommendation, that request had previously been satisfied by the Engineer in the plans submitted. Deborah Trumbull offered the following Resolution. Larry Sharpsteen seconded the motion and it was carried by the following roll call vote: 22 APPROVED 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 16-13 RESOLUTION APPROVING SITE PLAN AND ISSUING SITE PLAN APPROVAL FOR EXPANSION OF FACILITIES AT CHRISTIAN FELLOWSHIP CHURCH— 2049 EAST SHORE DRIVE WHEREAS, an application was made by Christian Fellowship Church for site plan approval for the proposed construction of a fellowship hall addition of two phases totaling 5,300 square feet (SF) addition and handicap access to be added to an existing 2,900 SF church , Lansing, New York, also known as TPN 37.1-2-46, located in the B1 Commercial Mixed Use Zone and consisting of approximately 1.170± acres, and such proposal more specifically will demolish the existing 1,300 SF auxiliary building and add 5,300 SF of meeting space and handicap access and 9 parking spaces and storm drainage improvements on an existing site, thereby expanding an existing site whereby 0.8 acres of disturbed area including buildings, parking improvements and site drainage improvements were duly approved with conditions; and WHEREAS, the owner completed an updated Stormwater Plan for considering the additional impacts of development on the site and the stormwater system, and the same was reviewed and generally approved by the Town Engineer; and WHEREAS, this proposed action is an Unlisted Action 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 February 9, 2016 was received from, the Tompkins County Planning Department, which determined that the proposed action recommended that as the site was previously developed and that a 25 foot setback be maintained along the existing creek; and 23 • APPROVED 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 Town's Comprehensive Plan and compliance therewith, and the Planning Board has again reviewed and considered the aforementioned amended site plan application and determined that no public hearing is required for this site plan due to its small size, the fact that no new stormwater permanent practices are triggered and no SEQRA or 239 impacts were found, the location is permitted within an B1 Commercial Mixed Use Zone, and the fact that it is an addition to an already existing developed site; and WHEREAS, on August 8, the Planning Board duly considered the proposed site plan in accordance with the provisions of LUO§ 701.4 et seq., including 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 Christian Fellowship Church site plan application for the proposed demolition of the existing 1,300 SF auxiliary building and phased construction of a 5,300 SF building additions and site area improvements located at 2049 East Shore Drive, Lansing, New York, be and hereby is granted and approved, subject to the following conditions: 1. Site plan approvals shall include the application materials as prepared by John Andersson,P.E. and drawings as dated May 18,2016. 2. Verification that the existing stormwater system and features, properly working prior to issuance of any CO or the close-out of any building permit. 3. Building Permits will be required to construct the approved building addition and such plans must meet all code requirements, including the sealing of plans by a 24 • APPROVED licensed engineer or architect, and be constructed in compliance with all building code requirements. 4. All existing or required vegetative buffers shall be maintained as healthy and natural non-invasive vegetation designed to provide both visual and sound buffering. Emphasis shall be placed 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 buffers shall be replaced in a manner as promotes the goal of such buffer as stated in this site plan approval. This condition shall be deemed to augment and further define prior site plan approval conditions and site plan features hereby or heretofore approved by the Town. August 8, 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 - Aye Other-Village Solar request to Amend PDA Mike Long, AICP gave a brief update with respect to Village Solar proposing to request an amendment to their original PDA. From what Mr. Long understands is that they would like to take the 3 bedroom units and convert them to 2 and 1 bedroom apartment. The building and the foot print is staying the same. Members have several questions with regards to parking, the restaurant, etc.. 25 APPROVED Lynn Day, Zoning Officer states the PDA Law clearly spells out the requirements for parking. Mr. Day felt the Board should not even be discussing this issue until such time that the Planning Office has had time to review all the paperwork and then determine what Planning Board Agenda it should be placed on. Mr. Ellis suggested that this topic be placed on the September 12th Agenda and Mr. Fabbroni advised to come prepared with statistics, for parking, EDU'S for Water & Sewer, and information on the Restaurant. Comprehensive Plan Connie Wilcox, Chairperson for the Comprehensive Plan advised all Members that a Public Information Meeting is scheduled for Wednesday, August 10, 2016 at 7:00 PM in the Town Hall. Sandra Dennis Conlon made a motion to adjourn the Meeting at 8:20 PM. 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 26