HomeMy WebLinkAbout2016-05-18 May 18, 2016
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REGULAR TOWN BOARD MEETING
May 18, 2016
A Regular Meeting of the Lansing Town Board was held at the Town Hall Board Room,
29 Auburn Road, Lansing, NY on the above date at 6:34 p.m. The meeting was called to
order by the Supervisor, Edward LaVigne and opened with the Pledge of Allegiance to
the flag. Roll call by Deborah K. Munson, Town Clerk, showed the following to be
PRESENT:
Edward LaVigne, Supervisor Andra Benson, Councilperson
Katrina Binkewicz, Councilperson Robert Cree, Councilperson
Doug Dake, Councilperson
ABSENT: None
ALSO PRESENT: Guy Krogh, Town Counsel, Charlie “Cricket” Purcell, Highway
Superintendent, Mike Moseley, Deputy Highway Superintendent, Michael Long, Town
Planning Consultant, John O’Neill, Village of Lansing, Ted Laux, Jaime Cone, Lansing
Ledger, Sue Ruoff, Tammy Morse, and a few other attendees.
LANSING COMMUNITY LIBRARY REPORT – EMILY FRANCO
The following report was available as a handout.
TOWN BOARD UPDATES
FROM THE LANSING COMMUNITY LIBRARY
MAY 17, 2016
1. LCL’s 3rd Annual LCL Logo Contest winners were Hazel Thomas and Kiera
Tornuschulio. The winning logo was announced at our Annual Meeting on April 18
and will be featured on Summer Reading program gifts, library newsletters, posters
and the LCL web site for one year.
2. The LCL budget was approved by voters on May 2, 2016 and the three incumbent
trustee candidates, Andra Benson, Liz Miller and Tania Lawrence were re-elected.
3. LCL will be closed on Monday, May 30, 2016 in observance of Memorial Day.
4. Upcoming programs:
a. The Summer Reading Kick off is scheduled for Saturday, June 18th and the Spring
Book Sale will be held both Friday and Saturday, June 17 & 18 in conjunction with
the kick-off. Beauty and the Beast Storytellers are the featured performers at the
kick-off.
b. On Saturday, July 16th, the Merry-Go-Round Youth Theater will perform “The
Tortoise and the Hare” at Myers Park.
5. The newest art exhibit was coordinated by the East Shore Festival of the Arts. The display
features the work of over 20 regional artists. LCL participated in the grand opening
celebration on May 6th and the art exhibit runs until June 24.
MOTION TO OPEN THE PUBLIC HEARING –ADOPTION OF LOCAL
LAW #5 OF 2016, AMENDING THE LAND USE ORDINANCE TO ADD § 1612 TO
MAP AND CODIFY THE EASTLAKE PLANNED DEVELOPMENT AREA
Councilperson Andra Benson moved to OPEN THE PUBLIC HEARING TO
CONSIDER AND ADOPT LOCAL LAW #5 OF 2016, AMENDING THE LAND
USE ORDINANACE TO ADD § 1612 TO MAP AND CODIFY THE EASTLAKE
PLANNED DEVELOPMENT AREA at 6:35 pm. Councilperson Robert Cree
seconded the motion.
All in Favor - 5 Opposed – 0
MOTION TO CLOSE THE PUBLIC HEARING
All persons desiring to be heard, having been heard, Councilperson Andra Benson moved
to CLOSE THE PUBLIC HEARING at 6:36 pm. Councilperson Robert Cree
seconded the motion.
All in Favor - 5 Opposed - 0
May 18, 2016
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MOTION TO OPEN THE PUBLIC HEARING - ADOPTION OF LOCAL
LAW #6 OF 2016, AMENDING THE LAND USE ORDINANCE TO ADD § 1613 TO
MAP AND CODIFY THE HORIZON VILLAGES PLANNED DEVELOPMENT
AREA
Councilperson Robert Cree moved to OPEN THE PUBLIC HEARING TO
CONSIDER AND ADOPT LOCAL LAW #6 OF 2016, AMENDING THE LAND
USE ORDINANCE TO ADD § 1613 TO MAP AND CODIFY THE HORIZON
VILLAGES PLANNED DEVELOPMENT AREA at 6:37 pm. Councilperson Andra
Benson seconded the motion.
All in Favor - 5 Opposed – 0
MOTION TO CLOSE THE PUBLIC HEARING
All persons desiring to be heard, having been heard, Councilperson Robert Cree moved
to CLOSE THE PUBLIC HEARING at 6:38 pm. Councilperson Katrina Binkewicz
seconded the motion.
All in Favor - 5 Opposed - 0
MOTION TO OPEN THE PUBLIC HEARING – ADOPTION OF LOCAL
LAW #7 OF 2016, AMENDING THE LAND USE ORDINANCE TO ADD § 1614 TO
MAP AND CODIFY THE WOODLAND PARK PLANNED DEVELOPMENT
AREA
Councilperson Doug Dake moved to OPEN THE PUBLIC HEARING TO
CONSIDER AND ADOPT LOCAL LAW #7 OF 2016, AMENDING THE LAND
USE ORDINANCE TO ADD § 1614 TO MAP AND CODIFY THE WOODLAND
PARK PLANNED DEVELOPMENT AREA at 6:39 pm. Councilperson Robert Cree
seconded the motion.
All in Favor - 5 Opposed – 0
MOTION TO CLOSE THE PUBLIC HEARING
All persons desiring to be heard, having been heard, Councilperson Robert Cree moved
to CLOSE THE PUBLIC HEARING at 6:40 pm. Councilperson Andra Benson
seconded the motion.
All in Favor - 5 Opposed - 0
TOMPKINS COUNTY REPRESENTATIVE – MIKE SIGLER
The following report was available as a handout.
Tompkins County Legislator
Michael Sigler
May 18, 2016
Hello, I’m sorry I couldn’t make the meeting tonight, but I had another engagement.
At the first meeting this month, the Legislature approved a 2017 tax levy goal and
spending targets for 2017. The tax levy resolution directed County Administrator Joe
Mareane to prepare a recommended operating and capital budget that can be supported
with a tax levy increase of 3%. That vote was 9-4, with Legislators Mike Sigler, Glenn
Morey, Dave McKenna, and Leslyn McBean-Clairborne voting no. (Legislator Peter
Stein was excused.) I voted against this as I wanted to stay within the state cap which is
2.49%. It’s my experience the spending only goes up during the budgeting process at the
county, not down.
It’s true we are taking a hit from a drop in sales tax, but that shouldn’t be made up by the
property tax. It’s projected that 2017 sales tax revenue will drop by $860,000 from the
2016 budgeted level, an amount equivalent to about 1.8% in the property tax levy. The
$1.4 million increase in the levy would represent an estimated increase of $34 for the
owner of a median-valued $170,000 county home.
May 18, 2016
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The Legislature, by a vote of 10-3 (Legislators Mike Sigler, Glenn Morey, and Dave
McKenna voted no; Legislator Peter Stein was excused) authorized an inter-municipal
agreement with the City of Ithaca to provide financial assistance for the City of Ithaca’ s
Gorge Ranger program this season at the Six Mile Creek Gorge, as a one-year pilot
initiative. The County will spend $7,500, toward two additional gorge rangers.
I couldn’t support the program. It’s “going after victimless crime and another touch of
‘Big Brother-ism,’’’ and will prevent people from doing something that has been done
forever. Ithaca City Clerk Julie Holcomb said the problem is different now than in the
past, often with huge crowds, drugs, and alcohol.
The state passed another unfunded mandate and the Legislature, without dissent, passed
two resolutions related to it: the District Attorney’s salaries. We called upon New York
State to fully reimburse counties for the District Attorney salary increases set by the
State. State Judiciary Law mandates that county district attorneys’ salaries be equal or
higher than a County Court or Supreme Court Judge in a county. While the State for over
50 years has funded such salary increases imposed on counties, that funding was not
included in this year’s State budget. An increase raising Supreme Court Judges’ salaries
to $183,000 in 2016 and $203,000 in 2018 was approved as part of the budget, but
funding was not included to reimburse counties for the increase in D.A. salaries.
At yesterday’s meeting we approved a resolution calling for ethics reform in Albany. I
had to leave early and missed the vote, but I would have voted for it, despite not agreeing
with some of the outlined bullet point fixes to the ethical problems. It seems to me that
disclosure and outside income are what’s getting legislators and the executive branch in
trouble, not the amount of money given in campaigns. The resolution went farther, but
we have to start somewhere and these suggestions would get us to the table.
We also approved a bonding issue for the William George Agency so they can expand.
The agency is fully responsible for that bond, but the county is acting as a sort of pass
through.
Thank you for allowing me to give this report and I’m sorry I can’t be with you tonight.
Mike Sigler
PARKS AND RECREATION REPORT – STEVE COLT
The following report was available as a handout.
Parks & Recreation Department
5/18/16
Town Board Meeting
RECREATION
Our “in-house” LBP and LSP teams are playing and are close to half way through
the season. The season concludes on June 11 (Super Saturday). We hope to
have Jump Around Inflatables on site to make the day a little more fun for our
players and families.
On Wednesday June 1st, I will be hosting our annual Travel Baseball coaches
meeting. This is the meeting where all of the areas 10U and 12U coaches
discuss summer baseball and establish playing schedules.
We are also hoping to have older teams this summer for 14U and 16U baseball
and 14U softball. These teams would also start play by the middle of June.
The Art Show took place on Friday May 6th and had a good turn-out. The art
work will remain on display until June 24th. This also includes all of the work
that is on display in the Library too.
May 18, 2016
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The Summer Program Booklet has now been out in the public for a little over one
week and we are getting a steady return of registration forms. This year’s
booklet has 35 different camps/programs along with 5 Youth Service Programs
and the registration form for the Lighthouse 5K Race. Please see our booklet!
We have already taken in over $34K in summer program fees alone !!!
This looks like the year where our Town Center Trail will become the training s ite
and HOME race course for the Lansing High School Cross Country team. With
very few adjustments, the Trail looks to be a very good race layout.
PARKS
The Park grounds in both Myers and Ludlowville are looking really good. The
highlight is the start of the paving project in Myers Park. This will be a huge
improvement and will look great for years to come.
Pavilion rentals and camp site reservation calls are increasing everyday and
much of July is sold out.
The Health Department has completed their annual inspection and we are now
officially open for the season for camping with the Memorial Day holiday
marking the true start.
We are very fortunate again this year to have a volunteer work crew from Cargill.
They will be with us on Friday May 27th. A great day to really accomplish a lot
and have fun doing it!
Dry Dock spaces are still, surprisingly, available. We have 5 spaces still open…
We never usually need to advertise, but may do this soon to sell out.
HIGHWAY SUPERINTENDENT REPORT – CHARLIE “CRICKET” PURCELL
Reviewed the following items with the Town Board.
1. Myers Park Paving – Working on this project; able to pave more than expected
because the price of black top is currently low. Should be completed the week of
May 23, 2016.
2. Various other projects and routine maintenance.
3. Village of Lansing – Relations going well, assisting with a couple of their
projects.
4. Request resolution to hire two seasonal laborers
a. There is money in the Highway Department Budget to hire seasonal
laborers.
b. The rate of pay will be no more than $15.00 per hour.
c. One of the qualified candidates is Cricket’s son.
d. Deputy Highway Superintendent, Mike Moseley will be interviewing the
candidates, deciding which ones to hire, the rate of pay, and conditions of
employment.
e. Cricket will not be involved in this process.
f. Cricket will consult with Town Counsel Guy Krogh, if necessary. The
Ethics Board can also be contacted.
PLANNING CONSULTANT REPORT – MICHAEL LONG
Reviewed the following with the Town Board and the report was available as a handout.
Novalane – Jack Young
o Preliminary Plat subdivision plan with turn around extension of Smugglers
Path.
May 18, 2016
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o SEQR – classified as an “Unlisted Action” and will have resolutions
available.
o Public Hearing opened Feb 9th for the “Flag Lots” – still open.
o Storm Water Plan SWPPP reviewed by T.G. Miller, letter dated Jan 26,
2015 of issues, revisions currently underway
o Site meeting to walk future Smugglers Path road extension – 5/7/2015 –
o Request for 1 lot subdivision as an interim step before the entire
subdivision is completed – Sept 28, 2015. Withdrawn at this time.
o Preliminary and Final Plat approvals - TBD.
West view Partners, Boris Simkin – Sun Path R1 Zone - Major Subdivision – 4
Lots + Parent parcel (5).
o Original application - 3 lot subdivision classified as minor
o Joint Planning Board / Town Board Meeting Oct. 6, 2014 to review the
history of the Sun Path development- reclassified as a “Major
Subdivision” and future phases to be included and storm water
considerations.
o Designated a Major subdivision (4 lots and ROW issues) – phase plan
completed by T.G. Miller with ROW access and future roads included
(drawing dated 12/15/2015).
o Revised Subdivision Plan (12/15/2014) - submitted to TG Miller Storm
Water Plan for 4 lots with future lots #5-10 and road to north.
o Revised 239 Review from County – response 50 foot buffer 3/30/2015
o SWPPP plan reviewed by T.G. Miller, recommended changes letter
3/23/2015, Meeting held on 4/8/2015.
o Field work completed 9/4/2015 with Dave Herrick on site.
o Revised SWPPP submitted Jan 10, 2016 and review letter issued
1/14/2016 by T.G. Miller
o Revisions to the draft subdivision map are being prepared by T.G. Miller.
o Public Hearing date –March 28, 2016 Planning Board Meeting
o SEQRA and Preliminary Plat approval – April 11, 2016.
o Final Plat review –approved with conditions April 25, 2016 meeting.
Lake Forest Circle Drive – L1 Zone - Major subdivision of 16 lots plus storm
water.
o Tompkins Co. 239 review (Letter 11/12/2014) has been completed.
o Storm water plan revisions requested T.G. Miller. Letter dated
11/19/2014.
o Revisions are being made to the SWPPP materials. Submitted 10/26
revised maps. Letter (Oct. 27, 2015) from Tim Buhl in response
circulated. Comments on map sent on map 10/28/2015.
o “Public Hearing”- held December 14, 2015.
o SEQRA, Preliminary Plat approval December 14, 2015 – included waiver
of new town highway specs.
o Discussion regarding existing easements and potential changes – propose
meeting with owner and staff to resolve outstanding issues.
o Revised SWPPP documents submitted for review T.G. Miller March 16,
2016.
o Final Plat approval – TBD.
Ag Plan – Follow up meeting – finalize report meeting June 1, 2015
o Joint Planning Board and Town Board meeting held– June 22, 2015
o Town Board adopted Ag Plan on Sept. 16, 2015.
o Ag Committee members appointed by the Town Board February 17th
meeting.
o First Ag Committee Meeting held Monday March 7, 2016.
o Next Ag Committee meeting Monday - July 11, 2016 at Linda’s Diner.
May 18, 2016
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Mirabito Holdings, Inc. – Site Plan Requested – Town Barn Road B2 Zone.
o 3 acre phased development – LP Gas storage facility with later phase
petroleum.
o Informal Site Plan meeting – PB held Oct 26, 2015
o PB is requesting a “Public Hearing” to be established after SWPPP is
prepared.
o 239 Review requested underway.
o Storm Water Plan submitted 1/11/2016 for T.G. Miller review.
o Applicant’s agreement executed 1/18/2016 with deposit.
o Set “Public Hearing” as requested by Planning Board – January 8, 2016.
o Applicant has submitted the Fire Safety Analysis dated March 1, 2016.
o Revisions being made to the site plan for new driveway entrance and
additional landscaping to coordinate with the SWPPP plan before final
submission.
o Town Board designated Town Barn /Verizon Lane as a “public road” –
April 20, 2016 mtg.
o SEQRA and Site Plan approval – proposed May 9, 2016 mtg.
A. Scott Pinney – Peruville Road Site Plan (RA Zone) to add 15 additional duplex
buildings in addition to 4 existing duplexes and office / barn complex.
o Site Plan draft submitted (12/2014, meeting held and revised site plan
resubmitted (9/14/2015).
o Application for Site Plan and Developers Agreement –received
11/15/2015.
o Revised SEQRA application received 11/16/2015.
o SWPPP submitted to T.G. Miller – Oct. 2015 preliminary review
underway
o Revised SWPPP submitted 11/12/2015.
o SWPPP comments from T.G. Miller 11/24/2015 to engineer, waiting
response.
o 239 Review – comments received 1/6/2016.
o SWPPP revision dependent upon drainage tests. To be done.
o SEQRA, SWPPP and Site Plan approval – TBD
Cell Tower – Crown Castle (Verizon Wireless tenant) – applicant represented by
Matthew Kerwin attorney of Barclay Damon (Syracuse, NY).
o Preliminary application materials received 3/21/2016.
o Copy application submitted to structural engineer for review and
comments.
o Sketch Plan review meeting – April 11, 2016
o Planning Board mtg discussion April 25, 2016 -Tower Height does not
comply with the current fall zone regulations.
o Balloon site testing on hold– Visual Analysis to be rescheduled.
o SEQRA / Site Plan approval – TBD.
Comprehensive Plan – Town Board appointment of members Jan 4, 2016
o Planning Board Members appointed: Lin Davidson, Larry Sharpsteen,
Jerry Caward and Sandy Conlon.
o Requested additional members - Lansing Star and town web site.
o Reorganizational meeting held Wed. Jan. 13, 2016 at 7:00 PM.
o Committee Meeting scheduled for first Wed. of the month at 6:00 PM. –
next 6/1/2016. Committees have been consolidated and new members
assigned.
o Full Comprehensive Plan Committee meetings 2nd Wed. – at 6:00 PM -
next 5/11/2016.
May 18, 2016
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Michael reported the committees for the Comprehensive Plan are working on the
draft for their sections. He stated July 18, 2016 is the tentative date for the public
hearing for the draft of the Comprehensive Plan. Michael noted the Town Board
and the Planning Board will receive sections of the draft plan prior to the public
hearing. Katrina Binkewicz reported it will also be posted on the Town website.
Michael reported the next Agriculture Committee meeting will be July 11, 2016 at
Linda’s Diner, 9:00 a.m. He stated Jay Franklin Director of Assessment, and
Scott Doyle Tompkins County Planning Department, attended the last meeting.
Michael noted they talked about assessments and agriculture exemptions.
ENGINEER’S REPORT – DAVE HERRICK
The following report was available as a handout.
ENGINEER’S REPORT
1. Water System Planning and Maintenance
a. Town CWD, Bone Plain Pressure Zone
• Existing connected water customers have been notified of target dates for
placing the higher pressure zone into operation. Flushing and disinfection of the
mains and tank has been progressing this week.
• Pavement and lawn restoration is also moving forward.
b. Town CWD, Triphammer Terrace Extension
• Design drawings, specifications have been approved by Bolton Point and
TCHD.
• Permanent and temporary easements for the new water main need to be
obtained from the landowners on the east side of Triphammer Terrace
between Aspen Way and Tahoe Trail. TGM will draft a cover letter for Town
Supervisor.
• Town Attorney to draft easement agreement specific to each parcel.
• Town Highway Superintendent and Town Engineer will be available to meet at
landowner request.
c. Town CWD, Extension 1: Lansing Station Road Boundary Extension
• New Norfolk Southern personnel have been contacted to arrange a site
meeting along the impacted portion of the railroad. The purpose of the meeting
will be to understand where ‘strict’ NS requirements for construction might be
flexible based on actual field conditions such that water system construction
costs can be reduced. May be helpful to have Town Supervisor call and
reinforce the ‘urgency’ of scheduling the meeting.
2. Stormwater Planning and Maintenance
a. The Town’s portion of annual MS4 (Municipal Separate Storm Sewer System)
report to NYSDEC has been submitted to TCSWCD.
• Town Supervisor will be signing the forms on behalf of the Town.
3. Code Enforcement and Planning
a. Recently Completed Development Reviews and Planning Department
Assistance
• Mirabito Petroleum Facility
• Lake Forest Circle Subdivision
• Town Comprehensive Plan maps for water, sewer and roads.
• Tompkins County B&T Park Masterplan
AGRICULTURE COMMITTEE REPORT – CONNIE WILCOX
Nothing to report this month.
COMPREHENSIVE PLAN COMMITTEE REPORT – CONNIE WILCOX
Nothing to report this month.
May 18, 2016
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PRIVILEGE OF THE FLOOR – No one addressed the Town Board.
RESOLUTION APPROVING AND ADOPTING LOCAL LAW #5 OF 2016,
CODIFYING THE EASTLAKE PLANNED DEVELOPMENT AREA, AND
ISSUING NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNFICANCE
UNDER SEQRA
Town Counsel, Guy Krogh reviewed the Short Environmental Assessment Form (part 2)
for Local Law #5 of 2016.
RESOLUTION 16-84
RESOLUTION APPROVING AND ADOPTING LOCAL LAW #5 OF 2016,
CODIFYING THE EASTLAKE PLANNED DEVELOPMENT AREA, AND
ISSUING NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNFICANCE
UNDER SEQRA
The following Resolution was duly presented for consideration by the Town Board:
WHEREAS, this proposed local law will amend the Town of Lansing Land Use
Ordinance by adding § 1612 to Article XVI for the purpose of formally codifying,
mapping, approving, and adopting Planned Development Area (“PDA”) #3 for the
Eastlake PDA, and by specifying the allowed land uses and related regulations for such
PDA #3; and
WHEREAS, the Town of Lansing Comprehensive Plan and Land Use Ordinance
encourage the efficient use of land to promote sustainable and intelligent designs, such as
interrelated community and residential uses, and the Comprehensive Plan recognizes that
certain community buildings and uses and recreation are appropriate in residential areas,
and that this type of development serves to benefit the community generally; and
WHEREAS, PDA #3 was approved in or about 1988, by application of Cheryl Nickel,
Developer, as a residential subdivision with a community center, a business multi-use
office, community-use and recreational lots, and some higher-density lots, and the
development of the site was governed by the Eastlake Declaration of Covenants and
Restrictions, dated August 22, 1988 and filed August 24, 1988 in the Tompkins County
Clerk’s Office at Liber 32 of Miscellaneous Records, Page 736 (and this declaration was
thereafter amended by a First Amendment to the Declaration of Covenants and
Restrictions – Eastlake, as filed in said Clerk’s Office upon June 29, 2007 as Instrument
Number 510977-001) (hereinafter jointly and severally the “Declaration”), and other than
the community center building and land upon Cayuga Lake as acquired by the Eastlake
Homeowners Association, Inc. from the Developer (Inst. #509607-001), the balance of
the PDA is a traditional residential subdivision generally consistent with current and past
R1 zoning requirements in the Town of Lansing; and
WHEREAS, much of the above was mapped in and upon the Final Plat for PDA #3, filed
in the Tompkins County Clerk’s Office upon August 24, 1988, as Instrument #BF -
017906-001, at Map Drawer K 109-114; and
WHEREAS, a full environmental review occurred when the PDA was formed and
additional reviews have occurred since such date as lot uses have changed (such as the
Community Center), and as these are not comprehensive new regulations, and as they do
not effect changes to any land uses or districts, and as such uses have been allowed since
1988 and, although over 25 acres in size, no new uses are proposed and no changes in
uses within the PDA are proposed, this action is classified as an Unlisted Action under
SEQRA; and
WHEREAS, a public hearing to consider the proposed local law and its potential
environmental impacts was duly held upon the 18th day of May, 2016, at the Lansing
Town Hall, 29 Auburn Road, Lansing, New York, where at all persons interested in the
subject thereof were duly heard; and
May 18, 2016
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WHEREAS, each identified potential environmental impact was analyzed and duly
considered by the Town Board, as Lead Agency in this uncoordinated review of an
Unlisted Action, 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 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 a moderate or significant impact such
that a negative declaration will be issued; and
WHEREAS, this matter was referred to County Planning for a § 239 review and County
Planning noted no negative county wide or inter-community impacts; and
WHEREAS, and after due deliberation upon this matter, be it n ow hereby RESOLVED
as follows:
RESOLVED, that after consideration of the potential environmental impacts reviewed in
accord with 6 NYCRR Part 617, Section 617.7(c), the Lead Agency finds that the
proposed action – codifying the Eastlake PDA by the adoption of Local Law #5 of 2016 -
will have no moderate or significant negative environmental consequences; and this
declaration is made in accord with Article 8 of the Environmental Conservation Law of
the State of New York and the New York SEQR Act, and the regulations promulgated
thereunder, and accordingly, the Town 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 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 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 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 EAF and determination of significance shall be incorporated by reference in thi s
Resolution; and it is further
RESOLVED, that Local Law Number 5 of 2016 be and hereby is approved and adopted
in the form as presented to this meeting, and in such form “be it so enacted”; and it is
further
RESOLVED, that within 20 days after the final adoption of this Local Law the Town
Clerk shall file a certified copy of this Local Law, together with the required
certifications, if any, as follows: (i) in the Office of the Town Clerk; and (ii) with the
New York State Secretary of State as required by Municipal Home Rule Law §27 (said
filing may be made by delivery to the NYS Department of State, Division of
Corporations, State Records and Uniform Commercial Code, One Commerce Plaza, 99
Washington Avenue, Albany, New York 12231); and it is further
RESOLVED, that the Town Clerk mail a copy of this resolution to County Planning in
fulfillment of the Town’s reply and reporting obligations under GML § 239-l.
May 18, 2016
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The question of adoption of such proposed Resolution was duly motioned by
Councilperson Doug Dake, duly seconded by Councilperson Andra Benson, and put to a
roll call vote with the following results:
Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye
Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye
Supervisor Edward LaVigne - Aye
Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May
18, 2016.
TOWN OF LANSING LOCAL LAW AMENDING ARTICLE XVI OF THE LAND
USE ORDINANCE TO ADD § 1612 TO MAP AND CODIFY PLANNED
DEVELOPMENT AREA ZONE #3 – THE EASTLAKE PLANNED
DEVELOPMENT AREA
TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK
LOCAL LAW NUMBER 5 OF 2016
Be it enacted by the Town of Lansing as follows:
SECTION 1: TITLE & APPLICATION; FINDINGS
A. This Local Law shall be known as “Local Law Number 5 of 2016.” This Local
Law amends the Town of Lansing Land Use Ordinance, by adding a § 1612 to Article
XVI for the purpose of formally codifying, mapping, approving, and adopting Planned
Development Area (“PDA”) #3 for the Eastlake PDA, and by specifying the allowed land
uses and related regulations for such PDA #3.
B. The Town of Lansing Comprehensive Plan and Land Use Ordinance encourage
the efficient use of land to promote sustainable and intelligent designs, such as a
residential developments with integrated and supporting neighborhood uses, especially in
areas where residential density is highest, as the Comprehensive Plan recognizes that
innovative and integrated residential developments supports residential density, reduces
the costs of services, preserves land and agricultural uses, and generally benefit and
define the community. The Town Board finds that this PDA was, is, and remains
inherently consistent with the planning and zoning objectives of the Town.
C. PDA #3 was approved in or about 1988, by application of Cheryl Nickel,
Developer, as a residential subdivision with a community center. The development of the
site was governed by the Eastlake Declaration of Covenants and Restrictions, dated
August 22, 1988 and filed August 24, 1988 in the Tompkins County Clerk’s Office at
Liber 32 of Miscellaneous Records, Page 736. This declaration was thereafter amended
by a First Amendment to the Declaration of Covenants and Restrictions – Eastlake, as
filed in said Clerk’s Office upon June 29, 2007 as Instrument Number 510977-001
(hereinafter jointly and severally the “Declaration”). Other than the community center
building and land upon Cayuga Lake as acquired by the Eastlake Homeowners
Association, Inc. from the Developer (Inst. #509607-001), the balance of the PDA is a
traditional residential subdivision generally consistent with current and past R1 zoning
requirements in the Town of Lansing.
D. The Final Plat for PDA #3 was filed in the Tompkins County Clerk’s Office upon
August 24, 1988, as Instrument #BF-017906-001, at Map Drawer K 109-114 (the “Final
Plat”).
SECTION 2: PLANNED DEVELOPMENT AREA #3 – THE EASTLAKE
PDA
A. Planned Development Area (“PDA”) #3, to also be known as the Eastlake PDA,
is hereby established, permitted, and defined with permitted uses and applicable
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definitions, as hereafter follows. PDA #3 shall be enumerated as Section 1612 of the
Land Use Ordinance, as follows:
§ 1612 PDA #3 - The Eastlake Planned Development Area.
1. PDA #3 shall use all definitions as are applicable to the Land Use Ordinance
generally. Unless otherwise regulated differently under the rules and procedures
applicable to PDA #3 under this § 1612, the general provisions of the Land Use
Ordinance shall apply, as shall all rules and procedures applicable for R1 zones
generally, specifically including but not limited to rules pertaining to site planning,
special permitting, and zoning permits.
2. Except as to Lots 19, 44, 99, and 189, the allowed principal and supplementary or
accessory land uses permitted within the PDA are and include all uses as permitted as
of right in the R1 zone, except as follows:
a. Mining of all types shall be prohibited, including gravel and surface mines,
extractive mining, solution mining, oil and gas mining, drilling of rotary mining,
and the like.
b. The use of land for public or commercial power generation, including as
licensed utility providers, shall be prohibited.
c. Two-family and larger multi-family dwellings are prohibited.
d. Only one single-family dwelling is allowed per lot. No ECHO housing,
residential accessory uses or apartments, or mother-in-law or accessory dwellings
or apartments are allowed except as built as an integral part of the single family
dwelling (or its detached garage) and when not part of a stand-alone structure.
Retirement, congregate and shared housing facilities are prohibited.
e. No accessory uses are allowed except traditional professional and home
offices where they comply with the requirements set forth for home offices as set
forth below.
f. The keeping of animals (other than traditional household pets), livestock, or
chickens shall be prohibited. The keeping or raising of horses or ponies is
prohibited, and 4H, animal husbandry, and similar land uses are prohibited.
g. Government buildings and schools, churches and places of worship, public or
private clubs, community residences, youth centers, libraries, museums, nursery
schools, day care facilities, nursing homes, hospitals, health related clinics, bed
and breakfast facilities (and similar rental arrangements), and theatres are not
permitted.
h. Farming as a business or commercial activity is not permitted. Roadside
stands are prohibited. Traditional non-commercial residential plantings and
gardening are allowed.
k. No use of house trailers, mobile homes, outdoor tents, travel or other trailers,
or other similar objects or movable storage units shall be permitted for temporary
or permanent storage, business facilities, or residential purposes on any lot.
3. Home office regulations and requirements are as follows:
a. Home offices must comply with the following standards:
i. Such home office does not generate more than 10 additional traffic trips
per day.
ii. There are no more than two non-family employees.
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iii. No more than 30% of the enclosed building space or livable space may be
used for non-residential or rental purposes.
iv. No sales of goods or services to the general public are advertised upon or
concerning the property.
v. No sales of goods or services to the general public occur more than one
day per month, such sale is for arts and crafts (and similar goods) created on-
premises, and such monthly allowed sale does not generate more than 20
additional traffic trips upon such sale day.
b. Any preexisting home office use that does not meet the above standards shall
be required to obtain a special use permit from the Town Planning Board to
remain as a valid preexisting and non-conforming use. The failure to obtain a
special use permit within one year of the date of adoption of this local law shall
eliminate all benefits of any pre-existing lawful use status and no special use
permit shall be so issued.
4. Allowed uses of land for Lots 19, 44, 99, and 189 are as follows:
a. Lot 19 – Shall be an indoor and outdoor recreational use lot known as the
Eastlake Recreational Center, and land and any structures thereupon may be used
only for indoor and outdoor recreation, related recreational purposes and storage,
meetings rooms and meeting hall purposes, and as a general community center for
community-based events (and not for general commercial banquets, catering, or
reception hall purposes). Recreation includes things like tennis and basketball
courts and playgrounds, but does not include stables or the keeping or raising of
animals, including but not limited to dogs, horses, or ponies.
(i) Business offices and professional offices are permitted within this building
upon site plan approval by the Town Planning Board.
b. Lot 44 – Up to 4 single family residences are allowed upon this lot. Each
residence must be separately owned and owner-occupied and may not be rented
on any regular or recurring basis, whether commercially, seasonally, or otherwise.
c. Lot 99 – May be used as a joint home and office space, subject to a maximum
floor area of 15,000 ft2 (including all levels) and requiring at least one parking
space for each 400 ft2 of enclosed or floor space. The office space may be leased
and subleased. Office use must be for traditional professional or other offices that
do not generate high volumes of traffic. Thus, offices that generate such traffic,
such as dental or medical clinics, veterinary clinics, hospitals, or real estate
offices are prohibited. Any change in the nature of such office use, and any
sublease or division of use or interests in the office space (such as renting to two
different persons or entities), shall be subject to site plan review by the Town
Planning Board. The goals of any site plan review process, and any mitigation or
conditions required, shall be focused upon noise, traffic, and maintaining uses and
intensities of use as are generally compatible with nearby residential areas. Thus,
and by way of non-exclusive examples, attention should be paid to the number of
vehicle trips, lighting issues, and signage.
d. Lot 189 – Is limited only to recreational uses and supporting structures;
namely, stairs, sheds, and dock spaces along the shoreline of Cayuga Lake. Such
use is personal and private to the lot-owners within the PDA and no dock rentals,
wharves or wharfage, or anchoring rentals, leases, license, fees, or similar uses or
arrangements are permitted.
5. Yardage requirements and set-back requirements, density, building and structure
height, and coverage regulations are as follows:
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13
a. All building and structure setbacks, excluding roadways and pedestrian
walkways and trails, shall be at least 60’ from the roadway centerline and 15’
from all side yards, and 25’ from the rear yard line. All internal PDA set-back and
yardage requirements shall be as set forth in the Land Use Ordinance for R1
zones, except as may otherwise be set forth or required herein.
b. Density regulations shall require that the PDA maintain a 30% minimum open
space standard per lot and a 30% minimum open space standard for the entirety of
the PDA.
c. Buildings shall not exceed 3 stories and no building or structure shall exceed a
height of greater than 35 vertical feet measured from the average grade to the
highest point in the roof line, excluding chimneys and vents.
5. Roadway, parking, and transportation requirements are as follows:
a. All public-use roadways shall be dedicated public highways, with appurtenant
utility easements. The Developer and the Town may also agree, in the future, to
the dedication of such further or additional roadways, trails, pathways, or
easements as may hereafter be created or built. All future roads shall be
constructed to Town of Lansing roadway and related specifications as to sub-base
and roadway surfacing, even if the same may not be proposed to be dedicated to
the Town, and all future pathways and pedestrian ways shall be constructed in a
safe and workmanlike manner and, unless to Cayuga Lake, such pathways and
pedestrian ways shall be constructed in accord with plans approved by the Town
Department of Parks and Recreation.
b. All parking spaces for Lots 19 and 99 shall have a minimum width of 8.5’, a
minimum depth of 18’, and a minimum vertical clearance height of 7’, except
handicapped and impaired parking spaces—which shall conform to all code and
legal requirements in terms of the number of spaces, their location, and the
minimum dimensions thereof.
c. All roadways shall be engineered, designed, constructed, and maintained in
such manner as to permit the safe passage of fire trucks and other emergency
vehicles.
d. All reserved areas for potential future roadways as shown upon the Final Plat
shall remain reserved and unimproved unless heretofore or hereafter expressly
abandoned as reserved future roadways by resolution of the Town Board.
6. Landscaping plans and buffering requirements are as follows:
a. Landscaping shall be designed to manage and prevent water drainage to and
stormwater runoff upon adjacent properties.
b. All trees shall be preserved to the greatest extent possible, and no tree with a
trunk diameter over 8” as measured 4’ above grade shall be removed except when
necessary in relation to proposed improvements to any lot. Such removal shall be
noted upon any plan, building permit application, or similar document.
c. All planted buffering and landscaping, including screening vegetation, shade
trees, and other plantings, shall contain only native vegetation (i.e., no exotic or
invasive non-native species shall be permitted). All plantings shall be maintained
by the lot owner(s) and replaced with similar vegetation whenever a plant or tree
shall die, become diseased, or fail of its purpose relative to providing screening or
buffering.
7. All building materials and construction shall meet New York State Building and
Energy Codes.
May 18, 2016
14
8. Lighting shall only be in locations of approved lighting poles and plans, plus any
security or passage lighting for buildings. All future lighting and lighting fixtures
shall be shielded and designed so as to avoid glare upon adjacent properties.
9. The Town Sign Local Law shall apply, except certain signage is further restricted
within the PDA as follows:
i. Single Family residences shall not post signs greater than 4 ft2 unless
granted a permit therefore by the Town.
ii. Home Offices are restricted to signage no greater than 2 ft2.
ii. Signs on Lot 99 may not exceed 9 ft2, and no more than two such signs are
allowed unless granted a permit by the Town.
iv. Signs in Lot 19 may not exceed 12 ft2, and no more than four such signs
are allowed unless granted a permit by the Town or unless they are directional
signs or temporary signs related to events that last less than 3 days.
10. All fuel tanks, water tanks, and similar storage tanks shall be installed fully
underground or sited and fully screened in a manner as approved the Town Planning
Board upon site plan review.
11. Any proposed use not specifically herein allowed is expressly prohibited. Any
future plan or proposal not here specifically allowed is prohibited unless an
amendment to the PDA and its development plan are approved through the applicable
procedures as outlined in the Land Use Ordinance. However, in no event may: (i) the
open space percentage of 30% be reduced, with such open space measurement to be
expressed as a percentage of land that is undeveloped by buildings or impervious
surfaces as compared to the total acreage of the PDA; and (ii) multiple residences be
allowed upon any lot other than Lot 44, except for allowed accessory apartments.
12. The area encompassed and rezoned in accordance with this Local Law is
described as follows: Those lands being known as Town of Lansing Tax Parcel
Numbers 42.-1-54.1 through 42.-1-54.27, and the roadways servicing the same,
comprising approximately 42 acres of land and being more particularly bounded and
described as follows:
Beginning at a point located 3.66’ northerly of a highway marker in the westerly
line of NYS Route 34 located near the northeasterly corner of Lot 19 as shown
upon the Final Plat, and thence proceeding
S 86º 30’ 37” W a distance of 3,106.48’ to a pin located in the northerly line of
Lot 189; and thence continuing
S 86º 30’ 37” W a distance of 133.33’, more or less, to a point in the easterly
shoreline of Cayuga Lake; and thence running
Southerly along the easterly shoreline of Cayuga Lake a distance of 626’, more or
less, to a point at the southwesterly corner of Lot 139, such point being just
westerly of a pin located near the shoreline of Cayuga Lake; and thence running
Easterly a few feet to such pin in the southerly line of Lot 139; and thence
proceeding
N 87º 01’ 08” E a distance of 94’, more or less, to a pin located in the southerly
line of said Lot 139; and thence continuing
N 87º 01’ 08” E a distance of 498.26’ to an indeterminate point, and continuing
thereafter an indeterminate distance along the southerly line of the PDA,
comprising the southern boundaries of Lots 139 and 109, including as passing
twice through the loop road leading down to the lakeside lots along Cayuga Lake,
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and terminating at a pin located in the southerly line of said Lot 109; and thence
continuing
N 86º 29’ 09’ E a distance of 295.4’ along the southerly boundary of said Lot 109
to a pin; and thence proceeding
N 86º 39’ 39” E a distance of 487.73’ along the southerly boundaries of Lots 109
and 99 to a pin; and thence proceeding
N 86º 40’ 40’ E an indeterminate distance listed as 220.59’ and 701.28’ on either
side of a match line upon the Final Plat to a pin located in the southerly line of Lot
59; and thence proceeding
N 86º 49’ 32” E a distance of 204.88’ to a pin; and thence proceeding
N 86º 42’ 31’ E a distance of 570.71 to a highway monument in the westerly line
of NYS Route 34; and thence proceeding
N 12º 15’ 42’ E a distance of 25.02’ to another highway monument in the
westerly line of NYS Route 34; and thence proceeding
S 86º 36’ 12” W a distance of 373.74’ to a pin; and thence proceeding
N 03º 23’ 48” W a distance of 24’ to a pin; and thence proceeding
N 57º 06’ 54’ E a distance of 169.89’ to a pin located on the municipal boundary
line between the Town of Lansing and the Village of Lansing; and thence
proceeding
N 35º 35’ 12’ E a distance of 18.22 feet along such municipal boundary to a point;
and thence proceeding
S 86º 36’ 12” W a distance of 17.18’ to a point in the then approximate centerline
of a creek; and thence proceeding
Northeasterly along such creek centerline an approximate distance of 132.9’ to a
point, such course also being measured by a chord bearing of N 37º 31’ 45” E,
and a chord distance of 130.2 feet; and thence running
N 86º 36’ 12” E a distance of 202.71’ to a pin, passing through a pin at 10’; and
thence proceeding
N 09º 56’ 43 E a distance of 394.69’ to an existing highway monument, then and
additional 3.66’ along such course to the point and place of beginning; however
Excluding any described lands as are located within the Village of Lansing, and
including any roadways servicing the PDA, and incorporating any descriptions of
such roadways in any deeds dedicating the same.
13. All utility and waterline easements, and all water main rights-of-way, as shown
upon the Final Plat shall be and be deemed dedicated to and accepted by the Town, its
successors and assigns.
14. The landowners within the PDA assume sole responsibility for the land
development activities within the PDA and all worksites, including all related staging
and construction areas and lands within and without the PDA, and agree to assume all
responsibility for any injury or damage that may or does occur as a result of any
excavation, construction, or related work. The landowners, to the fullest extent
permitted by law, shall indemnify and hold the Town, its officers, agents, and
employees harmless from and against any, each, and all losses, actions, causes of
action, claims, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills,
specialties, covenants, contracts, controversies, agreements, promises, variances,
May 18, 2016
16
trespasses, damages, judgments, extents, executions, and demands whatsoever, whether
arising in law, admiralty or equity (all together and severally hereafter the “Claims”),
including but not limited to reimbursement to the Town for any amounts expended
for expert, consulting, engineering, and attorneys’ fees and expenses arising from or
in relation to any Claim. The Town shall not be liable or responsible for any injury to
persons or damage to property due to any acts or failures to act unless it is proven to a
reasonable degree of certainty that such injury or damage was solely caused by a willful
or intentional act of the Town. No right or cause of action is hereby implied or created
that does not already exist in law or equity.
15. The Town of Lansing Zoning Map is hereby amended to incorporate the location
and boundaries of PDA #3.
SECTION 3: SEVERABILITY; INTERPRETATION
If the provision of this Local Law shall be adjudged or held invalid or unenforceable by a
court or other tribunal of competent jurisdiction, such determination, order, or judgment
shall not affect or invalidate the remainder of this Local Law, and any such invalidity or
unenforceability shall be confined in its operation to the provision directly involved in the
controversy in which such determination, order, or judgment shall have been rendered, and
such invalidity or unenforceability shall not apply to other jurisdictions, persons or
circumstances and, in all cases, the balance hereof shall remain in force and effect. Section
and other headings are for reference and convenience only and shall not be deemed or
construed to limit or define the requirements of clauses set forth thereunder. References to
laws and regulations (including references within this local law to other sections of this local
law), and the sections and subsections thereof, shall be construed to apply to such law or
regulation as now exists or as may hereafter be amended or recodified, and no typographical
error or error of reference shall be given significant meaning or effect. The gender or neuter
of pronouns shall be construed as the context or use thereof admits or requires, and the
singular shall be construed as the plural, and vice versa, when the context thereof so admits
or requires.
SECTION 4: EFFECTIVE DATE
This Local Law shall be and become effective immediately upon filing with the New
York Secretary of State.
RESOLUTION APPROVING AND ADOPTING LOCAL LAW #6 OF 2016,
CODIFYING THE HORIZON VILLAGES PLANNED DEVELOPMENT AREA,
AND ISSUING NEGATIVE DECLARATION OF ENVIRONMENTAL
SIGNFICANCE UNDER SEQRA
Town Counsel, Guy Krogh reviewed the Short Environmental Assessment Form (part 2)
for Local Law #6 of 2016.
RESOLUTION 16-85
RESOLUTION APPROVING AND ADOPTING LOCAL LAW #6 OF 2016,
CODIFYING THE HORIZON VILLAGES PLANNED DEVELOPMENT AREA,
AND ISSUING NEGATIVE DECLARATION OF ENVIRONMENTAL
SIGNFICANCE UNDER SEQRA
The following Resolution was duly presented for consideration by the Town Board:
WHEREAS, this proposed local law will amend the Town of Lansing Land Use
Ordinance by adding § 1613 to Article XVI for the purpose of formally codifying,
mapping, approving, and adopting Planned Development Area (“PDA”) #4 for the
Horizon Villages PDA, and by specifying the allowed land uses and related regulations
for such PDA #4; and
May 18, 2016
17
WHEREAS, the Town of Lansing Comprehensive Plan and Land Use Ordinance
encourage the efficient use of land to promote sustainable and intelligent designs, such as
increasing density where water and sewer infrastructure is available, as to promote node-
based development that, in turn, preserves land and agricultural uses and benefits the
community generally; and
WHEREAS, PDA #4 was approved in or about 1993, by application of Alex Cima,
Developer, as part of a larger residential subdivision with increased density of
development within the PDA area, and related special use restrictions, including because
of sewer availability, and the clustering of high -end rental units into 8 mini-villages of up
to 6-units each consisting of variable one-, two- and 3-bedroom designs, with attached
garages, fireplaces, basements, and all accoutrements as to make them appear, for all
intents and purposes, like single family residences or, in some cases, traditional duplexes,
and this PDA was part of a larger subdivision development known as “Horizons” and the
final plat for such Horizon Estates Subdivision was filed in the Tompkins County Clerk’s
Office upon September 30, 1985 as Instrument No. BF023956-001, Map Drawer 98, and
again later filed upon July 7, 1987, as Instrument No. BF022826-001; and
WHEREAS, the Final Plat for the PDA known as “Horizon Villages” PDA #4 was file d
in the Tompkins County Clerk’s Office upon October 14, 1986, as Instrument No.
BF033176-001, Map Drawer Box 10, V (the “Final PDA Plat”), and said map shows a
total of 8 development lots within the PDA numbered as lots 39 through 46; and
WHEREAS, a full environmental review occurred when the PDA was formed and
additional reviews have occurred since such date, each as individual site plan uses and
certain sites have changed (namely, the recreational lot, to which have been added a
swimming pool and ball courts), but none-the-less as these are not comprehensive new
regulations, as they do not effect changes to any land uses or districts, and as such uses
have been allowed since 1993 and have each been subjected to site plan review and
individualized SEQRA determinations, and as the PDA is less than 25 acres in size and
no new uses are proposed, this action is classified as an Unlisted Action under SEQRA;
and
WHEREAS, a public hearing to consider the proposed local law and its potential
environmental impacts was duly held upon the 18th day of May, 2016, at the Lansing
Town Hall, 29 Auburn Road, Lansing, New York, where at all persons interested in the
subject thereof were duly heard; and
WHEREAS, each identified potential environmental impact was analyz ed and duly
considered by the Town Board, as Lead Agency in this uncoordinated review of an
Unlisted Action, 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 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 a moderate or significant impact such
that a negative declaration will be issued; and
WHEREAS, this matter was referred to County Planning for a § 239 review and County
Planning noted no negative county wide or inter-community impacts; and
WHEREAS, and after due deliberation upon this matter, be it now hereby RESOLVED
as follows:
RESOLVED, that after consideration of the potential environmental impacts reviewed in
accord with 6 NYCRR Part 617, Section 617.7(c), the Lead Agency finds that the
May 18, 2016
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proposed action – codifying the Eastlake PDA by the adoption of Local Law #6 of 2016 -
will have no moderate or significant negative environmental consequences; and this
declaration is made in accord with Article 8 of the Environmental Conservation Law of
the State of New York and the New York SEQR Act, and the regulations promulgated
thereunder, and accordingly, the Town 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 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 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 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 EAF and determination of significance shall be incorporated by reference in this
Resolution; and it is further
RESOLVED, that Local Law Number 6 of 2016 be and hereby is approved and adopted
in the form as presented to this meeting, and in such form “be it so enacted”; and it is
further
RESOLVED, that within 20 days after the final adoption of this Local Law the Town
Clerk shall file a certified copy of this Local Law, together with the required
certifications, if any, as follows: (i) in the Office of the Town Clerk; and (ii) with the
New York State Secretary of State as required by Municipal Home Rule Law §27 (said
filing may be made by delivery to the NYS Department of State, Division of
Corporations, State Records and Uniform Commercial Code, One Commerce Plaza, 99
Washington Avenue, Albany, New York 12231); and it is further
RESOLVED, that the Town Clerk mail a copy of this resolution to County Planning in
fulfillment of the Town’s reply and reporting obligations under GML § 239-l.
The question of adoption of such proposed Resolution was duly motioned by
Councilperson Katrina Binkewicz, duly seconded by Councilperson Andra Benson, and
put to a roll call vote with the following results:
Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye
Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye
Supervisor Edward LaVigne - Aye
Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May
18, 2016.
TOWN OF LANSING LOCAL LAW AMENDING ARTICLE XVI OF THE LAND
USE ORDINANCE TO ADD § 1613 TO MAP AND CODIFY PLANNED
DEVELOPMENT AREA ZONE #4 – THE HORIZON VILLAGES PLANNED
DEVELOPMENT AREA
TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK
LOCAL LAW NUMBER 6 OF 2016
Be it enacted by the Town of Lansing as follows:
SECTION 1: TITLE & APPLICATION; FINDINGS
May 18, 2016
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A. This local law shall be known as “Local Law Number 6 of 2016.” This local law
amends the Town of Lansing Land Use Ordinance, by adding a § 1613 to Article XVI for
the purpose of formally codifying, mapping, approving, and adopting Planned
Development Area (“PDA”) #4 for the Horizon Villages PDA, and by specifying the
allowed land uses and related regulations for such PDA #4.
B. The Town of Lansing Comprehensive Plan and Land Use Ordinance encourage
the efficient use of land to promote sustainable and intelligent designs, such as a
residential developments with integrated and supporting neighborhood uses, especially in
areas where residential density is highest, as the Comprehensive Plan recognizes that
innovative and integrated residential developments supports residential density, reduces
the costs of services, preserves land and agricultural uses, and generally benefit and
define the community. The Town Board finds that this PDA was, is, and remains
inherently consistent with the planning and zoning objectives of the Town.
C. PDA #4 was approved in or about 1993, by application of Alex Cima, Developer,
as a residential subdivision with increased density of development and related special use
restrictions, including because of sewer availability, and the clustering of high-end rental
units into 8 mini-villages of up to 6-units each consisting of variable one-, two- and 3-
bedroom designs, with attached garages, fireplaces, basements, and all accoutrements as
to make them appear, for all intents and purposes, just like single family residences or, in
some cases, traditional duplexes. This PDA was part of a larger subdivision development
known as “Horizons” and the final plat for such Horizon Estates Subdivision was filed in
the Tompkins County Clerk’s Office upon September 30, 1985 as Instrument No.
BF023956-001, Map Drawer 98, and again later filed upon July 7, 1987, as Instrument
No. BF022826-001.
D. The Final Plat for the PDA known as “Horizon Villages” PDA #4 was filed in the
Tompkins County Clerk’s Office upon October 14, 1986, as Instrument No. BF033176-
001, Map Drawer Box 10, V (the “Final PDA Plat”). Said map shows a total of 8
development lots within the PDA numbered as lots 39 through 46.
SECTION 2: PLANNED DEVELOPMENT AREA #4 – THE HORIZON
VILLAGES PDA
A. Planned Development Area (“PDA”) #4, to also be known as the Horizon
Villages PDA, is hereby established, permitted, and defined with permitted uses and
applicable definitions, as hereafter follows. PDA #4 shall be enumerated as Section 1613
of the Land Use Ordinance, as follows:
§ 1613 PDA #4 - The Horizon Villages Planned Development Area.
1. PDA #4 shall use all definitions as are applicable to the Land Use Ordinance
generally. Unless otherwise regulated differently under the rules and procedures
applicable to PDA #4 under this § 1613, the general provisions of the Land Use
Ordinance shall apply, as shall all rules and procedures applicable for R2 zones
generally, specifically including but not limited to rules pertaining to site planning,
special permitting, and zoning permits. However, allowed uses are limited to the
residential and related supporting recreational land uses as described below, in the
locations and identified below.
2. The following requirements and standards apply to lots 39, 40, 41, 42, 44, 45 and
46 as shown upon the Final PDA Plat:
a. Only apartment and townhouse-related residential uses are permitted, with a
maximum of 3 buildings per lot and 2 units per building. Once sited, no building
footprint may be expanded, changed, or relocated unless approved by the Town
Planning Board by site plan review. Any change in a building or its occupancy
limits, such as but not limited to adding bedrooms or separately leasing rooms
within a single unit, shall require site plan approval from the Town Planning
May 18, 2016
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Board. Each unit shall be operated as a separate and single dwelling unit.
Boarding houses, bed and breakfast uses, ECHO housing, and congregate housing
are not permitted. No mobile or manufactured homes are permitted in the PDA,
and no mobile homes or recreational vehicles shall be used or stored within the
PDA.
b. All buildings and units shall be constructed to have the appearance of a single
family dwelling and the design elements shall be coordinated with nearby
buildings and residences. The Town’s Code Enforcement Officer is hereby
granted the authority to determine whether any maintenance plans, construction
plans, or changes to buildings and structures reasonably meet this standard.
c. Only residential land uses are permitted, and no chickens or livestock may be
kept or housed in the PDA. Only traditional household pets are permitted.
d. No part or portion of any land in the PDA may be used for outdoor storage of
goods or inventory.
e. Yardage requirements and set-back requirements, density, building and
structure height, and coverage regulations are as follows:
(i) All buildings shall be set back at least 50’ from the roadway in the front
yard, at least 10’ feet from each other building, and no less than 10’ from any
boundary lines of the PDA itself. Within the PDA there are no minimum side
yard distances unless the side yard is a PDA boundary line; namely, the
westerly lines of Lots 39 and 43, and the easterly lines of Lots 42 and 46 (and
the roadway and reserved roadway to the westerly side of the PDA shall be
and be deemed a side yard, as the front yards face south and north,
respectively, for said lots 39 and 43).
(ii) No building shall have a height greater than 30’ above the natural, average
surrounding grade, exclusive of chimneys, vents, and other typical residential
rooftop projections.
(iii) After the date of adoption of this local law, the combined lot coverage of
buildings, driveways, and parking lots may not exceed 50% of any lot without
Planning Board approval by site plan review.
f. No fences or walls are permitted and no subdivision of any of these PDA
parcels is permitted.
g. Roadway, parking, and transportation requirements are as follows:
(i) All public-use roadways shall be dedicated public highways, with
appurtenant utility easements. The Developer and the Town may also agree, in
the future, to the dedication of such further or additional roadways, trails,
pathways, or easements as may hereafter be created or built. All future roads
shall be constructed to Town of Lansing roadway and related specifications as
to sub-base and roadway surfacing, even if the same may not be proposed to
be dedicated to the Town, and all future pathways and pedestrian ways shall
be constructed in a safe and workmanlike manner in accord with plans
approved by the Town Department of Parks and Recreation.
(ii) All parking spaces shall be provided on site in paved parking areas and no
street or roadside parking is permitted.
(iii) All roadways shall be engineered, designed, constructed, and maintained
in such manner as to permit the safe passage of fire trucks and other
emergency vehicles.
(iv) The “Future Road” demarked upon the Final PDA Plat (at the
northwesterly corner of the PDA, adjacent to Lot 39 and potentially extending
May 18, 2016
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Leslie Lane to the north, shall be and remain a permanent easement to the
Town until such time, if any, that the said future roadway easement shall be
expressly surrendered by the Town by and express conveyance by deed.
h. Landscaping plans and buffering requirements are as follows:
(i) Trees shall be preserved to the greatest extent possible. After the date of
adoption of this local law no tree with a trunk diameter over 6” as measured 4’
above grade shall be removed except when necessary in relation to proposed
improvements to any lot or for public safety. Such removal shall be noted
upon any plan, building permit application, or similar document.
(ii) All planted buffering and landscaping, including screening vegetation,
shade trees, and other plantings, shall contain only native vegetation (i.e., no
exotic or invasive non-native species shall be permitted).
i. All building materials and construction shall meet New York State Building
and Energy Codes.
j. Lighting shall only be in locations of approved lighting poles and plans, plus
any security or passage lighting for buildings. All future lighting and lighting
fixtures shall be shielded and designed so as to avoid glare upon adjacent
properties.
3. The following requirements and standards apply to Lot 43 as shown upon the
Final PDA Plat:
a. Lot 43 shall be limited to recreational uses and their supporting structures and
appurtenances, such as (but not limited to) storage sheds, parking areas,
refreshment booths, lockers, and like facilities. The recreational facilities
envisioned include swimming pools, tennis courts, playgrounds, ballfields and
courts, and similar facilities for indoor and outdoor recreation.
b. All new and future improvements and facilities proposed for Lot 43 shall be
first subject to Planning Board review and approval by site plan review.
c. No bulk, yardage, or density restrictions shall apply to Lot 43, except that all
improvements shall be set back at least 12’ from property lines, and no
improvements may unreasonably obstruct roadway views at the roadway
intersection adjacent to Lot 43.
4. The area encompassed and rezoned in accordance with this local law is described
as follows: Those lands being known as Town of Lansing Tax Parcel Numbers 44.-1-
38.18, 44.-1-38.19, 44.-1-38.20, 44.-1-38.21, 44.-1-38.22, 44.-1-38.23, 44.-1-38.24,
and 44.-1-38.25, and the roadways servicing the same as shown in the Final PDA Plat
(including “Future Roads,” sometimes referred to as reserved or paper roads),
comprising approximately 11.62± acres of land more particularly bounded and
described as follows:
Beginning at a point located in the northerly line of Horizon Drive (extension) at
the intersection of the same with Leslie Lane, said point also being the
southwesterly corner of Lot 39 as shown upon the Final PDA Plat, and thence
proceeding
N 8º 27’ E a distance of 275’ to a point in the southerly line of Seldon (R.O.), said
point being also the northwesterly corner of said Lot 39; and thence proceeding
S 82º 37’ E a distance of 900.1’ along the northerly line of Lots 39, 40, 41, and 42
of the PDA, to a point marked by a set pipe in the northeasterly corner of said Lot
42; and thence proceeding
May 18, 2016
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S 7º 44’ W a distance of 562.5’ along the easterly line of the PDA, being also a
westerly boundary line of Olafson (R.O.), to a point in the southeasterly corner of
Lot 46 of the PDA; and thence proceeding
N 82º 30’ W a distance of 844.7’ along the southerly line of Lots 46, 45, 44 and
43 of the PDA to a point marked by a pipe set in the easterly highway line of said
Leslie Way; and thence proceeding
N 7º 58’ E a distance of 200’ along the westerly border of Lot 43 to a set iro n
pipe; and thence proceeding
Northerly across the curbs and width of Horizon Drive (extension) a distance of
87.5± to the point or place of beginning, and also including any roadways and
reserved future roadways servicing the PDA or depicted upon the Final PDA Plat,
and incorporating any descriptions of such roadways in any deeds dedicating the
same.
5. All utility, sewer, and waterline easements and rights-of-way as are filed of record
or as are shown upon the PDA Final Plat shall be and be deemed dedic ated to and
accepted by the Town, its successors and assigns.
6. The landowners within the PDA assume sole responsibility for the land
development activities within the PDA and all worksites, including all related staging
and construction areas and lands within and without the PDA, and agree to assume all
responsibility for any injury or damage that may or does occur as a result of any
excavation, construction, or related work. The landowners, to the fullest extent
permitted by law, shall indemnify and hold the Town, its officers, agents, and
employees harmless from and against any, each, and all losses, actions, causes of
action, claims, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills,
specialties, covenants, contracts, controversies, agreements, promises, variances,
trespasses, damages, judgments, extents, executions, and demands whatsoever, whether
arising in law, admiralty or equity (all together and severally hereafter the “Claims”),
including but not limited to reimbursement to the Town for any amounts expended
for expert, consulting, engineering, and attorneys’ fees and expenses arising from or
in relation to any Claim. The Town shall not be liable or responsible for any injury to
persons or damage to property due to any acts or failures to act unless it is proven to a
reasonable degree of certainty that such injury or damage was solely caused by a willful
or intentional act of the Town. No right or cause of action is hereby implied or created
that does not already exist in law or equity.
15. The Town of Lansing Zoning Map is hereby amended to incorporate the location
and boundaries of PDA #4.
SECTION 3: SEVERABILITY; INTERPRETATION
If the provision of this local law shall be adjudged or held invalid or unenforceable by a
court or other tribunal of competent jurisdiction, such determination, order, or judgment
shall not affect or invalidate the remainder of this local law, and any such invalidity or
unenforceability shall be confined in its operation to the provision directly involved in the
controversy in which such determination, order, or judgment shall have been rendered, and
such invalidity or unenforceability shall not apply to other jurisdictions, persons or
circumstances and, in all cases, the balance hereof shall remain in force and effect. Section
and other headings are for reference and convenience only and shall not be deemed or
construed to limit or define the requirements of clauses set forth thereunder. References to
laws and regulations (including references within this local law to other sections of this local
law), and the sections and subsections thereof, shall be construed to apply to such law or
regulation as now exists or as may hereafter be amended or recodified, and no typographical
error or error of reference shall be given significant meaning or effect. The gender or neuter
of pronouns shall be construed as the context or use thereof admits or requires, and the
singular shall be construed as the plural, and vice versa, when the context thereof so admits
or requires.
May 18, 2016
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SECTION 4: EFFECTIVE DATE
This local law shall be and become effective immediately upon filing with the New York
Secretary of State.
RESOLUTION APPROVING AND ADOPTING LOCAL LAW #7 OF 2016,
CODIFYING THE WOODLAND PARK PLANNED DEVELOPMENT AREA, AND
ISSUING NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNFICANCE
UNDER SEQRA
Town Counsel, Guy Krogh reviewed the Short Environmental Assessment Form (part 2)
for Local Law #7 of 2016.
RESOLUTION 16-86
RESOLUTION APPROVING AND ADOPTING LOCAL LAW #7 OF 2016,
CODIFYING THE WOODLAND PARK PLANNED DEVELOPMENT AREA, AND
ISSUING NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNFICANCE
UNDER SEQRA
The following Resolution was duly presented for consideration by the Town Board:
WHEREAS, this proposed local law will amend the Town of Lansing Land Use
Ordinance by adding § 1614 to Article XVI for the purpose of formally codifying,
mapping, approving, and adopting Planned Development Area (“PDA”) #5 for the
Woodland Park PDA, and by specifying the allowed land uses and related regulations for
such PDA #5; and
WHEREAS, the Town of Lansing Comprehensive Plan and Land Use Ordinance
encourage the efficient use of land to promote sustainable and intelligent designs, such as
a mixed and high-density residential development when near places of employment and
where water and sewer infrastructure is available, and the Comprehensive Plan also
recognizes that variable density housing helps control housing costs and promotes open
spaces and recreational areas that also serve to benefit and define the community; and
WHEREAS, PDA #5 was approved in or about 2010, by application of Cardamone
Home Builders, Inc., Developer, as a residential subdivision with single family
residences, a gated townhouse community area, and 7-8 acres of public- and private-use
open spaces; and
WHEREAS, the Final Plat Map for PDA #5 was filed in the Tompkins County Clerk’s
Office upon September 7, 2011, as Instrument #580265-001, at Map Drawer RCG132
(the “Final PDA Plat”); and
WHEREAS, a full environmental review occurred when the PDA was formed and no site
changes, PDA amendments, or other changes have occurred in relation to such PDA,
such that these are not comprehensive new regulations, do not affect changes to any land
uses or districts, and as such uses have been allowed since 2010 and, even though over 25
acres, all uses have each been subjected to individualized SEQRA determinations, there
is no change in use, such that this action is classified as an Unlisted Action under
SEQRA; and
WHEREAS, a public hearing to consider the proposed local law and its potential
environmental impacts was duly held upon the 18th day of May, 2016, at the Lansing
Town Hall, 29 Auburn Road, Lansing, New York, where at all persons interested in the
subject thereof were duly heard; and
WHEREAS, each identified potential environmental impact was analyzed and duly
considered by the Town Board, as Lead Agency in this uncoordinated review of an
Unlisted Action, 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
May 18, 2016
24
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 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 a moderate or significant impact such
that a negative declaration will be issued; and
WHEREAS, this matter was referred to County Planning for a § 239 review and County
Planning noted no negative county wide or inter-community impacts; and
WHEREAS, and after due deliberation upon this matter, be it now hereby RESOLVED
as follows:
RESOLVED, that after consideration of the potential environmental impacts reviewed in
accord with 6 NYCRR Part 617, Section 617.7(c), the Lead Agency finds that the
proposed action – codifying the Eastlake PDA by the adoption of Local Law #7 of 2016 -
will have no moderate or significant negative environmental consequences; and this
declaration is made in accord with Article 8 of the Environmental Conservation Law of
the State of New York and the New York SEQR Act, and the regulations promulgated
thereunder, and accordingly, the Town 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 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 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 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 EAF and determination of significance shall be incorporated by reference in this
Resolution; and it is further
RESOLVED, that Local Law Number 7 of 2016 be and hereby is approved and adopted
in the form as presented to this meeting, and in such form “be it so enacted”; and it is
further
RESOLVED, that within 20 days after the final adoption of this Local Law the Town
Clerk shall file a certified copy of this Local Law, together with the required
certifications, if any, as follows: (i) in the Office of the Town Clerk; and (ii) with the
New York State Secretary of State as required by Municipal Home Rule Law §27 (said
filing may be made by delivery to the NYS Department of State, Division of
Corporations, State Records and Uniform Commercial Code, One Commerce Plaza, 99
Washington Avenue, Albany, New York 12231); and it is further
RESOLVED, that the Town Clerk mail a copy of this resolution to County Planning in
fulfillment of the Town’s reply and reporting obligations under GML § 239-l.
The question of adoption of such proposed Resolution was duly motioned by
Councilperson Doug Dake, duly seconded by Councilperson Robert Cree, and put to a
roll call vote with the following results:
Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye
Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye
May 18, 2016
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Supervisor Edward LaVigne - Aye
Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May
18, 2016.
TOWN OF LANSING LOCAL LAW AMENDING ARTICLE XVI OF THE LAND
USE ORDINANCE TO ADD § 1614 TO MAP AND CODIFY PLANNED
DEVELOPMENT AREA ZONE #5 – THE WOODLAND PARK PLANNED
DEVELOPMENT AREA
TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK
LOCAL LAW NUMBER 7 OF 2016
Be it enacted by the Town of Lansing as follows:
SECTION 1: TITLE & APPLICATION; FINDINGS
A. This Local Law shall be known as “Local Law Number 7 of 2016.” This Local
Law amends the Town of Lansing Land Use Ordinance by adding a § 1614 to Article
XVI for the purpose of formally codifying, mapping, approving, and adopting Planned
Development Area (“PDA”) #5 for the Woodland Park PDA, and by specifying the
allowed land uses and related regulations for such PDA #5.
B. The Town of Lansing Comprehensive Plan and Land Use Ordinance encourage
the efficient use of land to promote sustainable and intelligent designs, such as a
residential developments with integrated and supporting neighborhood uses, especially in
areas where residential density is highest, as the Comprehensive Plan recognizes that
innovative and integrated residential developments supports residential density, reduces
the costs of services, preserves land and agricultural uses, and generally benefit and
define the community. The Town Board finds that this PDA was, is, and remains
inherently consistent with the planning and zoning objectives of the Town.
C. PDA #5 was approved in or about 2010, by application of Cardamone Home
Builders, Inc., Developer, as a residential subdivision with single family residences, a
gated townhouse community area, and 7-8 acres of public and private use open spaces.
D. The Final Plat Map for PDA #5 was filed in the Tompkins County Clerk’s Office
upon September 7, 2011, as Instrument #580265-001, at Map Drawer RCG132 (the
“Final PDA Plat”).
SECTION 2: PLANNED DEVELOPMENT AREA #5 – THE WOODLAND
PARK PDA
A. PDA #5, to also be known as the Woodland Park PDA, is hereby established,
permitted, and defined with permitted uses and applicable definitions as hereafter
follows. PDA #5 shall be enumerated as § 1614 of the Land Use Ordinance, as follows:
§ 1614 PDA #5 - The Woodland Park Planned Development Area.
1. PDA #5 shall use all definitions as are applicable to the Land Use Ordinance
generally, and the general and regulatory provisions of the Land Use Ordinance shall
also apply, except to the extent the same are varied or altered by this local law,
including the following:
a. For the townhouse area, defined as the area on the Final PDA Plat as buildings
1 through 48 as surrounded by Private Open Space Lot #1 and Private Open
Space Lot #2, and as serviced by Private Road D (the “Townhouse Lot”), all rules
and procedures generally applicable to R1 zones, including site planning, special
permitting, and zoning permits, shall apply, but the general bulk and density rules,
to the extent not otherwise regulated by this § 1614, shall be governed by R2
classifications under the Land Use Ordinance, § 504 (Schedule II).
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b. The balance of the lands within PDA #5 shall be governed by the rules and
procedures applicable for R1 zones generally, including site planning, special
permitting, and zoning permits, and including the general bulk and density rules
applicable to R1 per Land Use Ordinance, § 504 (Schedule II), except that:
i. Lots 1 through 25 are restricted to having only one single family dwelling
upon each lot (the “Residential Lots”).
ii. The Private Open Space Lots and Stormwater Management Lots (the
“Restricted Use Lots”) shall not be further developed except as set forth in
this § 1614, except that Open Space Lot #1 and Open Space Lot #2 shall not
be regulated as Restricted Use Lots and shall instead follow the rules for the
Townhouse Lot.
c. All area reserved for potential future roadways as shown upon the Final PDA
Plat shall remain reserved and unimproved unless hereafter expressly abandoned
as easements or as reserved future roadways by resolution of the Town Board.
2. The following land uses are prohibited in PDA #5 (despite being allowed uses
generally in R1):
a. Two-family dwellings, multiple dwellings, retirement housing, shared
housing, ECHO housing, mobile or manufactured homes, or seasonal cabins
or cottages.
b. Government buildings, schools, community residences, public or private
clubs, youth centers, libraries, and museums.
c. 4H and animal husbandry, roadside stands, bed and breakfast facilities,
nursery schools, day care facilities, the keeping or raising of horses or ponies, and
the keeping or raising of chickens. The keeping of any animals other than
traditional household pets is prohibited.
d. Commercial solar, wind, or energy production facilities, or any energy
production facilities intended to be used, sold, or credited to or for off-site use.
e. Mining of all types shall be prohibited, including gravel and surface mines,
extractive mining, solution mining, oil and gas mining, drilling or rotary mining,
and the like.
f. No residential accessory apartments, or mother-in-law or accessory dwellings
or apartments, are allowed except as built as an integral part of the single family
dwelling (or its detached garage) and when not part of a stand-alone structure.
g. Farming as a business or commercial activity is not permitted, but traditional
non-commercial residential plantings and gardening are allowed.
h. No use of house trailers, mobile homes, outdoor tents, travel or other trailers,
or other similar objects or movable storage units shall be permitted for temporary
or permanent storage, business facilities, or residential purposes on any lot.
i. Traditional professional and home offices are allowed when they comply with
the requirements set forth for home offices as set forth below.
3. Special home office and home occupation regulations and requirements are as
follows:
a. Home offices must comply with the following standards:
i. Such home office does not generate more than 10 additional traffic trips
per day.
May 18, 2016
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ii. There are no more than two non-family employees.
iii. No more than 30% of the enclosed building space or livable space may be
used for non-residential or rental purposes.
iv. No sales of goods or services to the general public are advertised upon or
concerning the property.
v. No sales of goods or services to the general public occur more than one
day per month, such sale is for arts and crafts (and similar goods) created on-
premises, and such monthly allowed sale does not generate more than 20
additional traffic trips upon such sale day.
b. Any pre-existing home office use that does not meet the above standards shall
be required to obtain a special use permit from the Town Planning Board to
remain as a valid preexisting and non-conforming use. The failure to obtain a
special use permit within one year of the date of adoption of this local law shall
eliminate all benefits of any pre-existing lawful use status and no special use
permit shall be so issued.
4. Special regulations for the Townhouse Lot are as follows:
a. Landscaping and yardage sloping shall be designed to manage and prevent
water drainage to and stormwater runoff upon adjacent properties.
b. All trees shall be preserved to the greatest extent possible, and no tree with a
trunk diameter over 8” as measured 4’ above grade shall be removed except when
necessary in relation to proposed improvements to any lot. Such removal shall be
noted upon any plan, building permit application, or similar document.
c. All planted buffering and landscaping, including screening vegetation, shade
trees, and other plantings, shall contain only native vegetation (i.e., no exotic or
invasive non-native species shall be permitted). All plantings shall be maintained
by the lot owner(s) and replaced with similar vegetation whenever a plant or tree
shall die, become diseased, or fail of its purpose relative to providing screening or
buffering.
d. All building materials and construction shall meet New York State Building
and Energy Codes.
e. All building and structure setbacks, excluding roadways and pedestrian
walkways and trails, shall be at least 25’ from the roadway centerline and all
boundaries of the Townhouse Lots. A 30% minimum open space standard shall
apply to the Townhouse Lot. Buildings shall not exceed 3 stories and no building
or structure shall exceed a height of greater than 35 vertical feet measured from
the average grade to the highest point in the roof line, excluding chimneys and
vents.
f. No structures or buildings shall be placed upon the land except within the
footprint of the individual townhouse lots numbered 1 through 48, except that (i)
non-permanent and typical residential accessories, such as birdhouses, small
single-unit use playgrounds or swings, and similar non-permanent structures are
permitted; (ii) small pet enclosures shall be permitted, including fencing not taller
than 6’ and not enclosing an area greater than 625 ft2, unless approved by the
Code Enforcement Officer and, if applicable, approved pursuant to any then
applicable covenants or rules; (iii) small, traditional residential gardens and
enclosures for the same to protect them from wildlife predation; and (iv) trails and
pathways with natural permeable surfaces are permitted. No above ground or
other types of swimming pools are permitted. Common or community-based
improvements for general recreational purposes are permitted in Private Open
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Space Lot #1 upon the receipt of a site plan approval by the Town of Lansing
Planning Board.
g. The roadway servicing the Townhouse Lot shall be a private roadway
maintained by the owners of townhouse units 1 through 48, and said roadway
shall be at all times maintained at a sufficient width and in a sufficient conditions
as to provide for safe and efficient emergency access to all areas upon the
Townhouse Lot by fire trucks and emergency vehicles. If any security gates or
controls are installed to impede or restrict access to the Townhouse Lot, the Town
of Lansing Code Enforcement Officer and the Fire Chief of the applicable Fire
Departments (or similar official) shall each have keys or emergency access
devices to bypass any gate or security features or devices, and a lockbox shall be
installed near to each such gate or access control device as meets the requirements
of the Town’s Lockbox Local Law.
h. The appearance of any gate or security device installed to limit access to the
Townhouse Lot shall be architecturally congruent with the townhouse coloration
and designs as shown in the PDA development plan, or as otherwise approved by
the Town Code Enforcement Officer, upon the advice and consent of the Fire
Chief and Town Highway Superintendent.
i. No signs, except small, standard realtor or owner signs advertising a sale,
shall be permitted on any lot or in any manner as is publicly visible.
j. Each Townhouse Lot shall have a least one parking space in an attached
garage and room for parking one additional passenger vehicle on a pad designed
for such purpose that is part of or adjacent to the driveway for such unit.
k. No unlicensed or commercial motor vehicles may be placed upon any lot
unless within a garage, and no boat, trailer, camper, pod, truck storage unit, or
motor home shall be permitted on any lot unless kept in a garage and in
compliance with any then applicable covenants or rules for the Townhouse Lots.
5. Special regulations for the Residential Lots are as follows:
a. Only single family residences are allowed.
b. All trees shall be preserved to the greatest extent possible, and no tree with a
trunk diameter over 8” as measured 4’ above grade shall be removed except when
necessary in relation to proposed improvements to any lot. Such removal shall be
noted upon any plan, building permit application, or similar document.
c. All building materials and construction shall meet New York State Building
and Energy Codes.
d. Lots 1, 2, 7, 10, 11, 13, 15, 16, 17, 23, 24 and 25 shall also be governed by the
special wetlands protection rules and regulations (§ 7, below).
6. Special regulations for the Restricted Use Lots are as follows:
a. No buildings or improvements are permitted upon any Restricted Use Lots,
and each of the same shall be maintained in their natural state, except for the
following improvements or structures:
i. Stormwater facilities and devices approved by the Town of Lansing, or by
or for any applicable drainage district, in accord with stormwater needs or
regulations, any DEC general permit, any SWPPP, or to otherwise manage
flooding and stormwater in accord with now or hereafter applicable
regulations and requirements of the DEC and EPA.
ii. Upon receipt of a site plan approval from the Town of Lansing Planning
Board, Private Open Space Lot #3 shall be permitted to have trails and related
May 18, 2016
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small-scale structures, such as foot bridges to cross boggy or wet areas, but all
such trials and small-scale structure shall be made of natural materials,
pathways shall be made of permeable natural materials, no footbridge or any
small-scale structure shall have a foundation or footer, and any disruption of
any jurisdictional wetlands shall require any necessary wetland permits.
iii. Utility lines and appurtenances, when such locations are approved by the
utility provider, any and all needed permits for installation or use are obtained,
and the Town Highway Superintendent, upon the advice and consent of the
Town’s Stormwater Management Officer, has approved the same, their
method of installation, and their location(s).
7. Special wetlands protection regulations are as follows:
a. PDA #5 currently contain approximately 5.98 acres of federally regulated
jurisdictional wetlands, as mapped and duly delineated upon the Final PDA Plat,
as further identified in a delineation and report from Terrestrial Environmental
Specialists, Inc., dated July, 2010 (the “Baseline Wetlands”).
b. No improvements, structures, installations, or land disturbances are permitted
within any Baseline Wetlands, including: (i) on the Residential Lots at lot
numbers 1, 2, 7, 10, 11, 13, 15, 16, 17, 23, 24 and 25; and (ii) for Private Open
Space Lot #3, but subject to the allowances and exceptions set forth above for
Private Open Space Lot #3 as one of the Restricted Use Lots.
c. Only stormwater facilities approved by the Town of Lansing and small,
residential surface gardens shall be installed within 25’ of any Baseline Wetland
boundary or border, in each case subject to any wetland or other permits or permit
requirements.
d. Any facility, device, disturbance, or other use or improvement that is proposed
to be installed in violation of the above use and distance restrictions may be
allowed only upon receipt of: (i) a use variance for improvements within or
touching in any part upon any Baseline Wetlands; or (ii) an area variance for
reducing the buffering, no-build zone adjacent to Baseline Wetlands; and (iii) in
each case subject to any wetland or other permits or permit requirements.
8. Roadway or roadside pathways.
a. Pedestrian and bicycle pathways may be installed, marked, improved, or
designated adjacent to any public highway upon a plan and construction plan as
approved by the Town Department of Parks and Recreation, upon the advice and
consent of the Town Highway Superintendent.
b. No such pathway shall be in excess of 4’ wide, and under no circumstances
may any pathway be used, improved, or installed in any manner as damages or
interferes with the roadway surface, the shoulders supporting such roadway, any
stormwater facilities or drainage, or as would create an obstacle that obscures
line-of-sight vision along any such public highway, at any intersections upon any
such public highway, or as would interfere with a safe lane of exit from the
roadway in the event of an emergency, which shall include both: (i) a “clear zone”
or “clear area for recovery”; and (ii) a safe “lateral offset to obstruction distance,”
which in no event should be less than 1.5’, each as defined by AASHTO, the
NYSDOT highway design and related manuals and guidelines, and USDOT-
Federal Highway Administration regulations and guidelines.
9. Lighting, other than residential site and facility lighting, shall only be in locations
of approved lighting poles and plans, plus any security or passage lighting for
buildings. All future lighting and lighting fixtures shall be shielded and designed so as
to avoid glare upon adjacent properties.
May 18, 2016
30
10. Any proposed use not specifically herein allowed is expressly prohibited unless
an amendment to the PDA and its development plan are approved through the
applicable procedures as outlined in the Land Use Ordinance.
11. The area encompassed and rezoned in accordance with this Local Law is
described as follows: Those lands being known as Town of Lansing Tax Parcel
Numbers 41.-4- 1 through 41.-4-50 and 41.-3-1 through 41.-3-32 (including roadway
parcels 41.-3-29.1 and 41.-3-29.2), and including the roadways servicing the same,
comprising approximately 59.984 acres of land and being more particularly bounded
and described as follows:
BEGINNING at a point in the centerline of Hillcrest Road, which point is the
southwesterly corner of lands now or formerly of Snyder (817/226); and thence
proceeding
S 83º 34’ 44” E a distance of 252.25’, passing through an existing iron rod at the
highway boundary of said Hillcrest Road, to an existing iron rod demarking the
southeasterly corner of said premises of Snyder (R.O.); and thence proceeding
N 07º 24’ 19” E a distance of 679.20’ to a found iron rod located in the southerly
line of lands now or formerly of Gregory Graffin Living Trust (Inst. #531416-
001); and thence proceeding
S 82º 57’ 28” E a distance of 1,282.55’ to a found iron pin demarking the
southeasterly corner of lands now or formerly of McGrath (Inst. #509157-001);
and thence proceeding
N 07º 18’ 22” E a distance of 420.61’ to found iron pin demarking the
northwesterly corner of Private Open Space Lot #3 (within PDA #5); and thence
proceeding
S 83º 51’ 38’ E a distance of 605.01’, passing through a found iron rod at the
highway edge of Warren Road, to a calculated point in the centerline of Warren
Road; and thence proceeding
Southerly along the centerline of said Warren Road along a line S 07º 40‘ 54” W
a distance of 1,749.99’ to a calculated point in the centerline of Warren Road, said
point being the southeasterly corner of PDA #5; and thence proceeding
N 82º 59’ 32” W a distance of 1,610.16’ to a calculated point in the centerline of
said Hillcrest Road; and thence proceeding
N 81º 01’ 31” W a distance of 218.62’ to an existing iron pipe demarking an
inside corner of lands now or formerly of Krizek (inst. #450138-001); and thence
proceeding
N 08º 21’ 08” E a distance of 234.95’ to a calculated point in the centerline of
said Hillcrest Road; and thence proceeding
Northwesterly along the centerline of said Hillcrest Road along a line N 30º 56’
49” W a distance of 155.99’ to a calculated point in said centerline; thence
continuing
Northwesterly along the centerline of said Hillcrest Road along a line N 29º 18’
55” W a distance of 349.19’ to a calculated point in said centerline, being the
point and place of beginning, encompassing in total 59.984± acres.
12. The landowners and residents within the PDA assume sole responsibility for the
land development activities within the PDA and all worksites, including all related
staging and construction areas and lands within and without the PDA, and agree to
assume all responsibility for any injury or damage that may or does occur as a result
of any excavation, construction, or related work. The landowners and residents, to
May 18, 2016
31
the fullest extent permitted by law, shall indemnify and hold the Town, its officers,
agents, and employees harmless from and against any, each, and all losses, actions,
causes of action, claims, suits, debts, dues, sums of money, accounts, reckonings,
bonds, bills, specialties, covenants, contracts, controversies, agreements, promises,
variances, trespasses, damages, judgments, extents, executions, and demands
whatsoever, whether arising in law, admiralty or equity (all together and severally
hereafter the “Claims”), including but not limited to reimbursement to the Town for
any amounts expended for expert, consulting, engineering, and attorneys’ fees and
expenses arising from or in relation to any Claim. The Town shall not be liable or
responsible for any injury to persons or damage to property due to any acts or failures to
act unless it is proven to a reasonable degree of certainty that such injury or damage was
solely caused by a willful or intentional act of the Town. No right or cause of action is
hereby implied or created that does not already exist in law or equity.
13. The Town of Lansing Zoning Map is hereby amended to incorporate the location
and boundaries of PDA #5.
SECTION 3: SEVERABILITY; INTERPRETATION
If the provision of this Local Law shall be adjudged or held invalid or unenforceable by a
court or other tribunal of competent jurisdiction, such determination, order, or judgm ent
shall not affect or invalidate the remainder of this Local Law, and any such invalidity or
unenforceability shall be confined in its operation to the provision directly involved in the
controversy in which such determination, order, or judgment shall have been rendered, and
such invalidity or unenforceability shall not apply to other jurisdictions, persons or
circumstances and, in all cases, the balance hereof shall remain in force and effect. Section
and other headings are for reference and convenience only and shall not be deemed or
construed to limit or define the requirements of clauses set forth thereunder. References to
laws and regulations (including references within this local law to other sections of this local
law), and the sections and subsections thereof, shall be construed to apply to such law or
regulation as now exists or as may hereafter be amended or recodified, and no typographical
error or error of reference shall be given significant meaning or effect. The gender or neuter
of pronouns shall be construed as the context or use thereof admits or requires, and the
singular shall be construed as the plural, and vice versa, when the context thereof so admits
or requires.
SECTION 4: EFFECTIVE DATE
This Local Law shall be and become effective immediately upon filing with the New
York Secretary of State.
RESOLUTION APPROVING THE STANDARD WORK DAY AND REPORTING
FOR ELECTED AND APPOINTED OFFICIALS
RESOLUTION 16-87
RESOLUTION APPROVING THE STANDARD WORK DAY
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;
May 18, 2016
32
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 Work Day
and Reporting Resolution for Elected and Appointed Officials:
May 18, 2016
33
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 Robert Cree, duly seconded by Councilperson Andra Benson, and put to a
roll call vote with the following results:
Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye
Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye
Supervisor Edward LaVigne - Aye
Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May
18, 2016.
RESOLUTION AUTHORIZING THE ISSUANCE OF A $79,000 BOND
ANTICIPATION RENEWAL NOTE #01-16
RESOLUTION 16-88
RESOLUTION AUTHORIZING THE ISSUANCE OF A
$79,000 BOND ANTICIPATION RENEWAL NOTE #01-16
The following Resolution was duly presented for consideration by the Town Board:
WHEREAS, the Town duly authorized expenditures to cover the cost of acquiring,
constructing and equipping the improvements to be included in Extension No. 2 to the Town
of Lansing Consolidated Water District (the “District”), consisting principally of the
construction of a water distribution system covering a portion of Drake Road in the Town
and the installation of water lines and meters, including valves, curb stops, original
furnishings, equipment, machinery, apparatus, appurtenances and incidental improvements
to provide municipal water services to the affected areas within said District, engineering
and other preliminary costs, legal expenses and other costs incidental to the financing
thereof (the “Project”), all of which Project expenses were authorized by a Final Order
forming the District and funded by a Bond Resolution dated May 21, 2008, and which
obligation(s) were satisfied, in accord therewith, by Bond Anticipation Note (“BAN”) #01-
09 (in the amount of $145,000.00), as renewed by a Bond Anticipation Renewal Note
(“BARN”) #02-10 (in the amount of $137,400.00), by BARN #01-11 (in the amount of
$133,500.00) dated June 17, 2011; by BARN #01-12 (in the amount of $94,483.75) dated
June 15, 2012; by BARN #01-13 (in the amount of $90,000.00), dated June 14, 2013; by
BARN #01-14 (in the amount of $87,000.00), dated June 13, 2014; and by a BARN #01-15
(in the amount of $83,000), dated June 12, 2015, which BARN #01-15 is hereby being
partially paid and the balance thereof renewed; and
WHEREAS, BARN #01-15 is approaching its maturity date and such financing must be
renewed or the debt thereof paid, and in compliance with the Local Finance Law, the
Town Board has decided to partially pay-down the debt pursuant to Local Finance Law §
23.00 by making a principal and interest payment thereupon (in the amount of $4,000.00,
plus interest) and issuing a BARN for the balance thereof; and
WHEREAS, the Town has contacted several lending institutions to find the lowest rates,
and has determined that the Tompkins Trust Company, has the best rates and terms for
proposed BARN #01-16, to be issued in the amount of $79,000 for one year at a 1.85%
interest rate (non-callable); and
WHEREAS, this action is classified as a Type II Action under SEQRA and, as such, no
environmental review is necessary or required; and
May 18, 2016
34
WHEREAS, after a review of the foregoing and due deliberation and consideration
thereof, and in compliance with Local Finance Law § 38.10, and other requirements of
law, and at a meeting lawfully convened upon May 18, 2016 at 6:30 pm, the Town Board
of the Town of Lansing has hereby
RESOLVED, that
Section 1. BARN #01-16 hereby authorized is for the payment of indebtedness relating
to the purchase and acquisition of goods to construct the Project for the District.
Section 2. The said BARN hereby authorized was authorized pursuant to a Bond
Resolution dated May 21, 2008, which Bond Resolution was duly issued under the Local
Finance Law, with such Project having been subject to permissive referendum as required
by law.
Section 3. It is hereby determined that the cost of indebtedness relating to the objects
and purposes of this Resolution is $84,531.23 ($83,000 principal plus interest in the
amount of $1,531.23); said amount is hereby appropriated and the plan for the financing
thereof shall consist of the payment of $4,000.00 in principal, plus interest if $1.531.23,
and the issuance of up to $79,000.00 as a principal amount of serial bonds (including,
without limitation, statutory installment bonds) pursuant to the provisions of the Local
Finance Law.
Section 4. The Town of Lansing hereby authorizes the expenditure of up to
$84,531.23 for the payment of the obligations relating to the Project, which amount shall
be paid in part by the retirement of BARN #01-15 and the issuance of BARN #01-16,
together with a principal payment to be made in relation thereto in the amount of
$4,000.00.
Section 5. No other BANs or BARNs are issued and outstanding for the payment of
the indebtedness relating to the Project (except BARN #01-15, which is being paid in full
as herein duly authorized).
Section 6. The BARN authorized by this Resolution is a renewal of BARN #01-15,
issued June 12, 2015.
Section 7. The BARN authorized by this Resolution shall be dated June 11, 2016,
and shall mature and be and become due and payable upon June 9, 2017.
Section 8. The BARN hereby authorized is for an assessable improvement of or
within the Town, namely, the Town of Lansing Consolidated Water District Extension
Number 2.
Section 9. The temporary use of available funds of the Town, not immediately
required for the purpose or purposes for which the same were borrowed, raised or
otherwise created is hereby authorized pursuant to § 165.10 of the Local Finance Law for
the purposes described in this Resolution. The Town shall reimburse such expenditures
with the proceeds of the BARN authorized by this Resolution. This Resolution shall
constitute a declaration of official intent as required by United States Treasury Regulation
§ 1.150-2. Other than as specified in this Resolution, no money is, or is reasonably
expected to be, reserved, allocated on a long-term basis, or otherwise set aside with
respect to the permanent funding of the objects or purposes described herein.
Section 10. The full faith and credit of said Town of Lansing, Tompkins County, New
York, is hereby irrevocably pledged to the payment of the principal of and interest on
said Bonds and the BARN hereby authorized, as the same may hereafter respectively
become due and payable. An annual appropriation shall be made in each year sufficient
to pay the principal of and interest due and payable in such year. Such appropriation shall
be made from the several lots and parcels of land in the Town of Lansing in the manner
provided by law for taxation or general taxation thereupon. In the event the collection of
such assessments shall be less than the amount required to pay the principal and interest
May 18, 2016
35
of such obligations as they shall become due, the Town Board shall direct that surplus
moneys not otherwise appropriated be applied, or the Town shall take such other action
as is permitted or required by law to assure the timely payment of such obligations.
Section 11. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of BANs and renewals thereof (in anticipation of the issuance and sale of the
serial bonds) was and is hereby again delegated to the Town Supervisor, as Chief Fiscal
Officer. Such notes shall be of such terms, form and contents, and shall be sold in such
manner as may be prescribed by said Supervisor, consistent with the provisions of the
Local Finance Law and the Bond Resolution aforesaid.
The question of adoption of such proposed Resolution was duly motioned by
Councilperson Andra Benson, duly seconded by Councilperson Doug Dake, and put to a
roll call vote with the following results:
Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye
Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye
Supervisor Edward LaVigne - Aye
Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May
18, 2016.
RESOLUTION SCHEDULING PUBLIC HEARING FOR REVIEW OF ANNUAL
STORM WATER REPORT
RESOLUTION 16-89
RESOLUTION SCHEDULING PUBLIC HEARING
FOR REVIEW OF ANNUAL STORM WATER REPORT
The following Resolution was duly presented for consideration by the Town Board:
WHEREAS, the Town’s Annual Storm Water Report is prepared and due for the required
annual review pursuant to Local and State Laws and related regulations; and
WHEREAS, a copy thereof is or will be timely filed in the Office of the Town Clerk for
public review; and
WHEREAS, upon due deliberation, the Town Board of the Town of Lansing has hereby
RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn
Road, Lansing, New York, being in the Town of Lansing, on the 15th day of June, 2016,
at 6:35 pm, to consider the Annual Storm Water Report, and to hear all persons interested
in the subject thereof, and to take such action thereon as is required or permitted by law;
and it is further
RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New
York, is hereby authorized and directed to cause a copy of this notice of Public Hearing
to be published in the official newspaper of the Town of Lansing, and also to post a copy
thereof on the Town signboard maintained by the Town Clerk, in accord with the law.
SEQRA: Type II
The question of the adoption of such proposed Resolution was duly motioned by
Councilperson Doug Dake, duly seconded by Councilperson Katrina Binkewicz, and put
to a roll call vote with the following results:
Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye
Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye
Supervisor Edward LaVigne - Aye
May 18, 2016
36
Accordingly, the foregoing Resolution was approved, carried, and duly adopted on
May 18, 2016.
RESOLUTION SCHEDULING PUBLIC HEARING FOR LOCAL LAW #8 OF
2016 A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED
IN GENERAL MUNICIPAL LAW § 3-C
RESOLUTION 16-90
RESOLUTION SCHEDULING PUBLIC HEARING
FOR LOCAL LAW #8 OF 2016
A LOCAL LAW TO OVERRIDE THE TAX LEVY
LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW § 3-C
The following Resolution was duly presented for consideration by the Town Board:
WHEREAS, the Town Board of the Town of Lansing is hereby authorized to adopt a
budget for the fiscal year 2017; and
WHEREAS, said proposed Local Law proposes: (1) to override the limit on the amount
of real property taxes that may be levied by the Town of Lansing, County of Tompkins
pursuant to General Municipal Law § 3-C (2) pursuant to Town Law Article 12-C,
governed by the Town Board for the fiscal year beginning January 1, 2017 and ending
December 31, 2017 that requires a real property tax levy in excess of the “tax levy limit”
as defined by General Municipal Law § 3-C; and
WHEREAS, this proposed Local Law if adopted pursuant to subdivision 5 of General
Municipal Law § 3-C which expressly authorizes the Town Board to override the Tax
Levy Limit by the adoption of a Local Law approved by a vote of at least sixty percent
(60%) of the Town Board; and
WHEREAS, and upon deliberation thereupon, the Town Board of the Town of Lansing
has hereby
RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn
Road, Lansing, New York, being in the Town of Lansing, on the 15th day of June 2016,
at 6:37 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 it is further
RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New
York, is hereby authorized and directed to cause a Notice of Public Hearing to be
published in the official newspaper of the Town of Lansing, and also to post a copy
thereof on the Town signboard maintained by the Town Clerk, in accord with the law.
The question of the adoption of such proposed Resolution was duly motioned by
Supervisor Edward LaVigne, duly seconded by Councilperson Doug Dake, and put to a
roll call vote with the following results:
Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye
Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye
Supervisor Edward LaVigne - Aye
Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May
18, 2016.
RESOLUTION ADOPTING TOWN OF LANSING FUND BALANCE POLICY
OF 2016
RESOLUTION 16-91
May 18, 2016
37
RESOLUTION ADOPTING TOWN OF LANSING FUND BALANCE POLICY OF
2016
The following Resolution was duly presented for consideration by the Town Board:
WHEREAS, the Town of Lansing has an important responsibility to its citizens to
carefully account for public funds, to manage municipal finances wisely, and to plan the
adequate funding of services desired by the public, including the provision and
maintenance of public facilities, and the Town Board thus recognizes that the wise
maintenance of fund balances are essential to the preservation of the financial integrity of
the town and are fiscally advantageous for both the Town and the taxpayers, including
because such planning helps ensure stable tax rates; and
WHEREAS, the Town seeks to meet these policy goals and objectives through the
adoption of the Fund Balance Policy of 2016 (the “Policy”) as submitted to this meeting,
which Policy helps ensure the maintenance of adequate fund balances and reserves in the
Town’s General Fund and Highway Fund, including to provide the capacity to ensure
sufficient cash flow for daily financial requirements, guard against significant economic
downturns, protect against unforeseen expenditures related to emergencies, maintain
investment grade bond ratings, and provide a framework to help guide budgetary
decisions; and
WHEREAS, the Policy was developed in accord with Governmental Accounting
Standards Board (“GASB”) Statement #54, Fund Balance Reporting and Governmental
Fund Type Definitions, as Statement 54 requires local governments to focus on the
constraints imposed upon resources when reporting fund balances in governmental funds,
and the Policy thus creates fund balance classifications based upon the relative strength
of the constraints that control the purposes for which specific amounts can be spent,
including because such Statement 54 abandons the older-styled reserved and unreserved
classifications of fund balance and replaces them with new classifications for
Governmental Funds, such as “Restricted,” “Assigned,” and “Unassigned” (being the
classifications used by the Town Policy of 2016); and
WHEREAS, and after due deliberation upon this matter, be it now hereby RESOLVED
as follows:
1. The Town Fund Balance Policy of 2016 (the “Policy”) be and is hereby adopted.
2. The Town Board affirms its commitment to make all reasonable efforts to: (i)
maintain a responsible General and Highway Fund Balance and all Enterprise Funds at
the end of each fiscal year, and to have each such fund maintained at a minimum of 25%
of current operating expenditures, including accounting for issues that may impact special
districts; (ii) comply with the Policy’s planned fund balance levels for FY 2017, as such
numbers were carefully developed based upon need, sound fiscal policy, and GASB; (iii)
expend funds and manage excess unrestricted fund balances as set forth in the Policy; (iv)
replenish fund balances as needed; (v) annually review, update, and adopt any changes to
the Policy.
The question of adoption of such proposed Resolution was duly motioned by
Councilperson Katrina Binkewicz, duly seconded by Councilperson Andra Benson, and
put to a roll call vote with the following results:
Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye
Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye
Supervisor Edward LaVigne - Aye
Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May
18, 2016.
RESOLUTION ADOPTING TOWN OF LANSING RESERVE FUND POLICY OF
2016
May 18, 2016
38
RESOLUTION 16-92
RESOLUTION ADOPTING TOWN OF LANSING RESERVE FUND POLICY OF
2016
The following Resolution was duly presented for consideration by the Town Board:
WHEREAS, the Town of Lansing has an important responsibility to its citizens to
carefully account for public funds, to manage municipal finances wisely, and to plan the
adequate funding of services desired by the public, including the provision and
maintenance of public facilities, and the Town Board recognizes that the wise
maintenance of reserve funds is essential to the preservation of financial integrity, is
fiscally advantageous for both the Town and the taxpayers, and assists in proper planning
for future repairs, expenses, capital improvements and expenditures; and
WHEREAS, the Town seeks to meet these policy goals and objectives through the
adoption of the Reserve Fund Policy of 2016, as submitted to this meeting, which goals
and objectives are designed to keep adequate unreserved fund balance and reserve levels
as a necessary component of the Town’s overall financial management strategy, to assure
adequate resources for cash flow, to mitigate the short-term effects of revenue shortages,
to guard against significant economic downturns and unforeseen emergencies, and to
promote planned capital replacements and improvements in a responsible manner; and
WHEREAS, and after due deliberation upon this matter, be it now hereby RESOLVED
as follows:
1. The Town of Lansing Reserve Fund Policy of 2016 (the “Policy”) be and hereby
is approved.
2. The Town shall maintain reserves as required by law and any bond covenants or
requirements, and any expenditures from reserve accounts shall be made as required by
law and only upon the advance approval of the Town Board (including as may be
authorized by the annual budget).
3. The Town Board shall endeavor and make reasonable efforts to: (i) present all
reserve fund balances within the annual budget; (ii) build to and then maintain reserve
fund balances at the optimal levels as set forth in the Policy; (iii) adjust reserves as the
values and replacement and repair costs for buildings and equipment change over time;
and (iv) annually review, amend, and update the Policy as needed.
4. The budget and fund balance transfers to fund the accounts for 2016, as set forth
in the Policy, are approved and shall be completed when desired by the Supervisor, but
prior to August 31, 2016.
The question of adoption of such proposed Resolution was duly motioned by
Councilperson Doug Dake, duly seconded by Councilperson Katrina Binkewicz, and put
to a roll call vote with the following results:
Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye
Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye
Supervisor Edward LaVigne - Aye
Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May
18, 2016.
RESOLUTION APPROVING AND ADOPTING AMENDMENTS TO TOWN OF
LANSING EMPLOYEE HANDBOOK
RESOLUTION 16-93
RESOLUTION APPROVING AND ADOPTING AMENDMENTS
TO TOWN OF LANSING EMPLOYEE HANDBOOK
May 18, 2016
39
The following Resolution was duly presented for consideration by the Town Board:
WHEREAS, the Town Board established a personnel committee in 2014, and such
committee met regularly in 2014 and 2015 and proposed multiple updates and corrections
to the Employee Handbook, which had not been updated since 2011; and
WHEREAS, in 2016 such work continued and many final changes have been duly
identified and thus, after due deliberation upon this matter, be it now hereby RESOLVED
as follows:
RESOLVED, that the amendments to the Town of Lansing Employee Handbook, as
presented to this meeting, be and hereby are adopted and approved.
The question of adoption of such proposed Resolution was duly motioned by Supervisor
Edward LaVigne, duly seconded by Councilperson Andra Benson, and put to a roll call
vote with the following results:
Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye
Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye
Supervisor Edward LaVigne - Aye
Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May
18, 2016.
RESOLUTION APPROVING HIRING OF SEASONAL LANSING HIGHWAY
DEPARTMENT EMPLOYEES FOR 2016
RESOLUTION 16-94
RESOLUTION APPROVING HIRING OF SEASONAL
LANSING HIGHWAY DEPARTMENT EMPLOYEES FOR 2016
The following Resolution was duly presented for consideration by the Town Board:
WHEREAS, the Town Highway Superintendent had included the hiring of part-time or
seasonal employees to assist with the increased workload of the Highway Department in
the Summer in his annual budget funding, and such funds were approved as part of the
2015 budget process for FY 2016; and
WHEREAS, the Deputy Town Highway Superintendent has been principally placed in
charge of making recommendations to the Town Board and final decisions relating to the
filing of such positions, including the selection of candidates and the setting of
appropriate pay rates and terms of employment; and
WHEREAS, and after due deliberation upon this matter, be it now hereby RESOLVED
as follows:
RESOLVED, that the two seasonal or part-time laborer positions be and hereby are
approved to be filled by the selection of the Deputy Highway Superintendent of and for
the Highway Department, effective May 18, 2016, at a rate of pay not to exceed $15.00
per hour per position, and upon such reasonable terms as the Deputy Highway
Superintendent shall so select; and it is further
RESOLVED that, as the appointing authority, the Town Highway Superintendent be and
is hereby directed to sign Form 428s and such other documents as are reasonably
necessary to hire such part-time or seasonal employees upon such determinations of the
Deputy Highway Superintendent, and to otherwise give effect to these resolutions.
The question of adoption of such proposed Resolution was duly motioned by
Councilperson Robert Cree, duly seconded by Councilperson Andra Benson, and put to a
roll call vote with the following results:
May 18, 2016
40
Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye
Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye
Supervisor Edward LaVigne - Aye
Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May
18, 2016.
APPROVE AUDIT and BUDGET MODIFICATIONS AND SUPERVISOR’S
REPORT
RESOLUTION 16-95
The Supervisor submitted his monthly report for the month of April, 2016 to all Board
Members and to the Town Clerk. The Supervisor’s Report was reviewed by
Councilperson Robert Cree. The bills were reviewed by Councilperson Andra Benson
and Supervisor Edward LaVigne.
Councilperson Andra Benson moved that the Supervisor’s Report be approved as
submitted and the Bookkeeper is hereby authorized to pay the following bills and to make
the following budget modifications.
CONSOLIDATED ABSTRACT # 05
DATED _5/18/2016__
AUDITED VOUCHER #’s 382 - 497
PREPAY VOUCHER #’s 382 - 385
AUDITED T & A VOUCHER #’s 38- 48
PREPAY T & A VOUCHER #’s 38 - 43
FUND TOTAL APPROPRIATIONS
GENERAL FUND (A&B) $ 133,190.14
HIGHWAY FUND (DA&DB) $ 90,754.99
LANSING LIGHTING (SL1, 2 &3) $ 1,343.82
LANSING WATER DISTRICTS (SW) $ 189,680.15
TRUST & AGENCY (TA) $ 46,137.44
LANSING SEWER DISTRICTS (SS1, SS3) $ 7,499.13
BONE PLAIN WATER TANK PROJECT (HB) $ 43,597.72
BUDGET MODIFICATIONS
HIGHWAY DB FUND
May 18, 2016
FROM TO FOR
AMOUNT
DB5031 DB5110.400
FROM INTERFUNDS TRANSFER TO STREET
MAINTENANCE 75000.00
May 18, 2016
41
Supervisor Edward LaVigne seconded the motion and it was carried by the following roll
call vote:
Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye
Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye
Supervisor Edward LaVigne - Aye
Accordingly, the foregoing Resolution was approved, carried and duly adopted on May
18, 2016.
BOARD MEMBER REPORTS
Andra Benson
Library Committee:
Andra reported the Lansing Community Library had a written report and it was available
as a handout. She stated that the Library budget vote was successful and the three people
running for Trustees were elected.
Lansing Youth Services:
Andra reported they are gearing up for their summer programs. She stated the youth
worker is moving, so they are looking for a replacement.
Agriculture Committee:
Andra stated the Agriculture Committee is going well and that Michael Long previously
reported on it.
Robert Cree
ZBA Meeting:
Robert stated he was unable to attend the last meeting. He noted, per Michael Long, that
the two variances that were put forward were approved.
Town of Lansing Accounting Firm:
Robert stated the name has changed for the Town of Lansing’s accounting firm.
Town Counsel, Guy Krogh reported that they are going through a merger process and it is
still basically the same group of CPA’s. He noted the Town does not need to make
changes.
Robert reported that all of the Town Board Members have a questionnaire, from the
accounting firm, to complete.
Edward LaVigne
Town of Lansing Audit:
Ed reported the accounting firm is here now conducting the audit.
Property Tax Assessment Grievance:
Ed reported he and Andra Benson were part of the Property Tax Assessment Grievance
Committee along with Jay Franklin and Irene Kehoe. He stated they only had three
residents, but they learned a lot. Ed reported Jay Franklin and Irene Kehoe were very
professional, fair, and thorough.
May 18, 2016
42
Councilperson Andra Benson also stated that she learned a lot at the meeting and she was
very impressed with Jay Franklin and Irene Kehoe who were very professional, caring,
and treated the residents with great respect.
Doug Dake
Water and Sewer Advisory Board:
Doug reported the new Bone Plain Water Tank will be in operation soon. He stated the
letter was sent out notifying existing customers about the higher pressure. Doug reported
good news for the CWD extension regarding the bone plain area; there will be new users
and some outside users from the Town of Dryden.
Doug stated the Lansing Station CWD is slow moving because of the Norfolk Southern
Railroad.
Planning Board:
Doug reported that what the Planning Board does is very impressive. He stated they are
fighting for the people and working through the situations.
Katrina Binkewicz
Emergency Planning Committee:
Katrina reported the committee is making progress. She stated there will be information
on the Town website the end of the month.
Comprehensive Plan Committee:
Katrina reported she is impressed with the Comprehensive Plan Committee. She stated
they are a diverse group of people with different skills and interests, but pulling in the
same direction. Katrina noted they have respect for each other.
TOWN COUNSEL REPORT
Guy Krogh
Triphammer Terrace:
Guy reported he is working on the Triphammer Terrace improvement project; near Tahoe
Trail, over to the other side, to close the loop. He stated he will be developing easements
for this; six are needed.
Stormwater:
Guy reported there is draft of the flood plain law updates which Dave Herrick and Dondi
Harner are reviewing. He stated this is part of the EPA Phase Two Mandates.
TOWN CLERK REPORT
Debbie Munson
NYSTCA Conference:
Debbie reported there were 354 Town Clerks in attendance at the conference last month.
She stated the conference is for professional development. Debbie reported there will be
some changes based on the knowledge she gained at the conference and following “best
practices”.
Town Website:
May 18, 2016
43
Debbie reported Deputy Town Clerk Amber Volbrecht, has received some additional web
site training from Dan Veaner. She stated the Clerk’s Office was already posting items to
the web site, but now Amber Volbrecht is able to make some additional changes. Debbie
noted this will save Patrick Tyrell and Dan Veaner some time which hopefully will save
the Town of Lansing some money.
Notary Public:
Debbie reported Deputy Town Clerk Amber Volbrecht passed her Notary test and her
stamp and seal have been ordered.
Tax Training Seminar:
Debbie reported she will be attending a Tax Training Seminar in June, in Lake Placid.
MOTION TO ENTER EXECUTIVE SESSION
Supervisor Edward LaVigne, moved to ENTER EXECUTIVE SESSION TO
DISCUSS PERFORMANCE AND WORKING CONDITIONS OF A
PARTICULAR PERSON AT 7:25 PM.
Councilperson Robert Cree seconded the motion.
All in Favor - 5 Opposed - 0
MOTION TO EXIT EXECUTIVE SESSION
Councilperson Andra Benson, moved to EXIT EXECUTIVE SESSION AT 8:06 PM.
Councilperson Doug Dake seconded the motion.
All in Favor - 5 Opposed - 0
ADJOURN MEETING
Meeting adjourned at the call of the Supervisor at 8:06 p.m.
Minutes taken and executed by the Town Clerk.
Respectfully submitted,
Deborah K. Munson
Town Clerk