MINUTES
of a meeting of the Board of
PRESENT:
Mayor Donald Hartill;
Mayor
Donald Hartill called the meeting to order at
Motion-To Close the
Public Comment Period
Trustee Lynn Leopold moved to close the public
comment period. Trustee
Mayor
Donald Hartill- Aye Trustee
Frank Moore- Aye Trustee
Lynn Leopold- Aye Trustee
Trustee Janet Beebe-Aye
The
next item on the agenda was a public hearing on Proposed Local Law D, Amendment
of Zoning Law Sections 202.07, “Commercial Low Traffic District”, Subsection
(e)(4), To Except From The “Front Yard Setback Minimum” Properties Having Front
Yards On North Triphammer Road, and Establish a “Front Yard Build-To Line” For
Same.
Motion-To Open the Public Hearing on Proposed Local
Law D, Amendment of Zoning Law Sections 202.07, “Commercial Low Traffic
District”, Subsection (e)(4), To Except From The “Front Yard Setback Minimum”
Properties Having Front Yards On North Triphammer Road, and Establish a “Front
Yard Build-To Line” For Same.
Trustee
Mayor Donald Hartill-
Aye Trustee Frank Moore-
Aye Trustee
Lynn Leopold- Aye Trustee
Trustee Janet Beebe-Aye
The
Mayor explained that this change to our Zoning Law would help us to reach the
goal of what we want the
Motion-To Close the Public
Hearing on Proposed Local Law D
Trustee
Mayor Donald Hartill-
Aye Trustee Frank Moore-
Aye Trustee
Lynn Leopold- Aye Trustee
Trustee Janet Beebe-Aye
A short
Environmental Assessment form was completed and it was found that this proposed
law would not result in any significant adverse environmental impacts.
Resolution #3788-A Short Environmental Assessment
Form was Completed and it was Found that Proposed Local Law D would have No
Significant Adverse Environmental Impact
Trustee Lynn Leopold moved this resolution. Trustee
Mayor Donald Hartill-
Aye Trustee Frank Moore-
Aye Trustee
Lynn Leopold- Aye Trustee
Trustee Janet Beebe-Aye
Resolution #3789- To Adopt Local Law D, Amendment of
Zoning Law Sections 202.07, “Commercial Low Traffic District”, Subsection
(e)(4), To Except From The “Front Yard Setback Minimum” Properties Having Front
Yards On North Triphammer Road, and Establish a “Front Yard Build-To Line” For
Same as Local Law 4 of 2001.
Be it enacted by the Board of
SECTION I. PURPOSE AND INTENT.
The
purpose of this Local Law is to implement the concept of a “build-to” line for
future development in the Commercial Low Traffic District (“CLT”) along North
Triphammer Road, as described in the CLT District Design Guidelines anticipated
to be finalized by the Village within months of consideration of this Local
Law. The design and planning concept
intended to be implemented by this Local Law is described in Section 2 of the
CLT District Design Guidelines as the recommendation that buildings along North
Triphammer Road be located close to the sidewalk to create a pedestrian
friendly environment, promote traffic calming and to create more visual
interest along the street edge. This
recommendation is more specifically described at Section 2.1 thereof with the
statement that building facades should be built parallel to the front line of
the lot and located twenty-five feet (25') from the front line. In order that this new concept be effected,
it is the intent of this Local Law to modify the requirements of Zoning Law
Section 202.07(e)(4), as such requirements will be applied to properties with
their front yard line along North Triphammer Road in order to eliminate the
front yard setback minimum for such properties, and instead require a front
yard “build-to” line at a distance of twenty-five feet (25') from the front
line of such lots, as such front line is newly established as a result of the
Village’s acquisitions of additional rights-of-way in connection with the North
Triphammer Road reconstruction project.
SECTION II. AMENDMENT.
In
Village Zoning Law Section 202.07, “Commercial Low Traffic District (“CLT”)”,
at subsection (e), “Dimensions: Lot, Yard, Building, and Parking Requirements”,
sub-subsection (4) is hereby deleted in its entirety and replaced with the
following text:
4. Front Yard Setback
Minimum
(i) All uses - seventy-five feet (75'),
except lots in the Commercial Low Traffic District that have a front yard along
North Triphammer Road.
(ii) All uses for lots
having a front yard along North Triphammer Road shall not be subject to front
yard setback minimum, but, instead, shall be subject to the requirement that at
least twenty-five feet (25') of a facade of all buildings developed on such
lots be located within one foot (1') to either side of, and parallel to, a line
located a distance of twenty-five feet (25') from the front lot line. Such front lot line shall be the newly
established front lot line for each such lot as a result of the Village’s
acquisition of additional road right-of-way along North Triphammer Road in
connection with the North Triphammer Road Reconstruction Project. No portion of such facade shall be located
closer to such front lot line than twenty-four (24') feet.
SECTION III. EFFECTIVE DATE.
This
Local Law shall be effective ten (10) days after publication and posting as
required by law, except that it shall be effective from the date of service as
against a person served with a copy thereof, certified by the Village Clerk,
and showing the date of its passage and entry in the Minutes of the Village
Board of
Carol
Klepack feels we’ve made a giant step forward with this.
Motion- To Open the Public Hearing, To Consider
Proposed Local Law E, Second Amendment
of Village of Lansing Land Subdivision Regulations Concerning Definition of
“Municipal Subdivision”.
Trustee
Mayor Donald
Hartill-Aye Trustee Frank Moore-Aye Trustee
Lynn Leopold- Aye Trustee
Trustee Janet Beebe-Aye
This proposed local law would modify Local Law 1 of 2001
that enabled the Village to basically acquire properties for street purposes without
having to go through a full subdivision review. This law was adopted in January
2001 and this change is to further simplify what we’ve already adopted. Randy
explained that the language of this law was a result of the recent Planning
Board meeting and from many conversations between
Motion-To Close the Public
Hearing on Proposed Local Law E
Trustee
Mayor Donald Hartill-
Aye Trustee Frank Moore-
Aye Trustee
Lynn Leopold- Aye Trustee
Trustee Janet Beebe-Aye
This
law is exempt from SEQR under Type II action. It is an administrative change.
Resolution #3790- To Adopt Local Law E, Second Amendment of Village of Lansing Land
Subdivision Regulations Concerning Definition of “Municipal Subdivision” as Local
Law 5 of 2001.
Be it enacted by the Board of
SECTION I. PURPOSE AND INTENT.
The
purpose of this Local Law is to modify the procedure for review of a municipal
subdivision established in accordance with the terms of Local Law 1 of 2001 in
order that this process can be accomplished in a timely fashion, at reasonable
cost to the Village, and result in the acquisition of property by the Village
for public road purposes (as defined in said Local Law 1) via a process more
closely analogous to a municipality’s acquisition of property via eminent
domain. The intent of this Local Law is
to amend the terms of subsection (b) of the definition of the term “municipal
subdivision” added to the Village of Lansing Land Subdivision Regulations
Article 200 in accordance with Local Law 1 of 2001.
SECTION II. AMENDMENT.
The
following definition is hereby substituted in the Village of Lansing Land
Subdivision
Regulations Article 200, Definitions, in place of
the text added to such section in accordance with Local Law 1 of 2001; the
following text varies from the text of said Local Law 1 of 2001 only at
subsection (b) thereof:
Municipal Subdivision is the subdivision of any lot into not more than
two (2) lots (initial lot plus one (1) new lot), which subdivision is to be
made at the request of or as a requirement of the Village of Lansing, in which
case the Village of Lansing is to acquire the new lot for use as a public road
right-of-way, or as part of a public road right-of-way, including for the
purposes of extension, reconstruction, realignment, widening or reconfiguration
of existing public roads, creation of new public roads, and addition to public
roads of bicycle lanes, pedestrian lanes, sidewalks and landscaping
(collectively, “public road purposes”), and in which case the remaining lot
substantially retains its character prior to such subdivision as a developed or
an undeveloped lot.
(a) The authority for review and approval of
municipal subdivisions shall be retained by the Village Board of
(b) (i)
In the case of a lot containing a building (as such terms is defined in
the Village of Lansing Zoning Law) at the time of approval of the municipal
subdivision, if the remaining lot after conveyance to the Village would contain
a nonconforming structure as a result of the diminishment in front yard
setback, as a result of diminishment in lot size or as a result of increase in
lot coverage, under applicable Village of Lansing Zoning Law District
Regulations, then for the purposes of measuring the front yard building
setback, for the purposes of measuring lot size and for the purposes of
measuring maximum lot coverage for such lot, the measurements shall be deemed
to include the area of the lot acquired by the Village in connection with the
municipal subdivision. If the lot
acquired by the Village is subject to a “build-to” rather than a front yard
setback requirement, the “build-to” line established by the applicable
provisions of the Village Zoning Law, whether now or hereafter set forth in the
Village Zoning Law, shall govern, and the “build-to” line shall be measured in
accordance with such applicable Zoning Law provisions.
(ii) In the case of a lot
that does not contain a building (as such term is defined in the Village of
Lansing Zoning Law) at the time of approval of the municipal subdivision, if
the remaining lot after conveyance to the Village would become a nonconforming
lot as a result of the diminishment in lot area, then (1) the terms of the
Village Zoning Law section entitled “Nonconforming Lots of Record” shall apply
to such lot as if it existed on the effective date of the Zoning Law, but (2)
if, as a result of applying such terms no improvements would be permitted to be
built on such lot, then the Village shall acquire the entirety of such lot, in
order that no nonconforming lot that is not permitted to be built upon is
created as a result of the municipal subdivision.
SECTION III. EFFECTIVE DATE.
This
Local Law shall be effective ten (10) days after publication and posting as
required by law, except that it shall be effective from the date of service as
against a person served with a copy thereof, certified by the Village Clerk,
and showing the date of its passage and entry in the Minutes of the Village
Board of
Trustee
Mayor Donald Hartill-
Aye Trustee Frank Moore-
Aye Trustee
Lynn Leopold- Aye Trustee
Trustee Janet Beebe-Aye
The
Board considered the adoption of the Commercial Low Traffic District Design
Guidelines. The Board has already held a public hearing and our changes from
that were incorporated. Once again the Mayor summarized what the CLT District
Design Guidelines were. Ned feels that the CLT Guidelines work with the N.
Triphammer Reconstruction Plan. This will help us to achieve an attractive
commercial district. The guidelines give the Village a tool to work with to ensure
uniformity. They are also helpful in the predevelopment meetings and when
negotiations take place. Developers tend to be more cooperative if they have a
road map to follow. The CLT Design Guidelines are that roadmap. The guidelines
have no force of law but it is a prerequisite of adopting an amendment to the
Zoning Law. It’s a bases for recommending laws.
A short
Environmental Assessment form was completed and it was found that this adopting
these CLT Design Guidelines would not result in any significant adverse
environmental impacts.
Resolution #3791-A Short Environmental Assessment
Form Was Completed and it Was Found That the Commercial Low Traffic Design
Guidelines Would Have No Significant Adverse Environmental Impact
Trustee
Mayor Donald Hartill-
Aye Trustee Frank Moore-
Aye Trustee
Lynn Leopold- Aye Trustee
Trustee Janet Beebe-Aye
Resolution #3792-To Adopt the Commercial Low Traffic
Design Guidelines as an appendix to the Comprehensive Plan of the Village of
Lansing
Trustee Lynn Leopold moved this resolution. Trustee
Mayor Donald Hartill-
Aye Trustee Frank Moore-
Aye Trustee
Lynn Leopold- Aye Trustee
Trustee Janet Beebe-Aye
Dave
Putnam was present to give an engineer’s report. Both the Mayor and Dave met
with the Bonding company and material suppliers of the Uptown Road Project. The
preliminary thinking is that most of the problem is with the contractor. The
key element in dealing with the material United Asphalt used is the roller
operator. Microsurfacing was a suggested solution for Uptown Road. The Bond
Company wants a take over agreement. Dave will investigate microsurfacing
further.
Next
on the agenda was to consider abandoning part of Votapka Road. The owners of 2
St. Joseph Lane have applied for a building permit to construct a garage. The
proposed setback for this garage would be 20-feet. The required setback for
such a structure is 40 feet which would need a variance or the possibility that
the Village might want to abandon this short road, that is a dead end, and
borders the proposed garage. Dennis sees no problem with abandoning the road.
The Mayor prefers that Ralph Varn go to the BZA to get a variance. The Board
agreed with the Mayor. We may need that road at some point and would prefer to
keep it. Don will convey the Board’s view to Mary Sirois, BZA Chairperson.
Pyramid
mall has requested that the Village refund $10,360, which they originally paid
for a 442,000 square foot expansion. The project has been approved at only 150,000
square feet therefore only costing $2,728 instead of the $13,088 originally
paid. The Board felt it was an appropriate request to refund this out of the
General Fund. This didn’t take into account that Pyramid wanted the Village to
subtract out monies for Linens and Things. Ben preferred that they deal with
this separately.
Resolution #3793- To Refund Pyramid Mall $10,360 for
Overpayment on Original Building Permit.
Trustee Janet Beebe moved to accept this resolution.
Trustee
Mayor Donald Hartill-Aye Trustee Frank Moore- Aye
Trustee Lynn Leopold-Aye
Trustee
Trustee Janet Beebe-Aye
Larry
stated that Peter Novelli has recommended Timothy C. Buhl to do a proposal on
how much it will cost to put the utilities along N. Triphammer Rd. underground
verses above ground. The Board discussed Timothy’s proposal letter and decided
to have Larry get some more clarification before Wednesday’s meeting. Larry also
stated that he was in contact with Dave Herrick and he said he would have been interested
in doing that proposal also. The Board was favorable to spend the $1,950 but
wanted some clarification first. This issue will be discussed again on
Wednesday.
Next
on the agenda was Mayor’s comments. The sewer contract for the reconstruction
of the Town of Ithaca sewer line from Warren Road to the border of Cayuga Heights
has been awarded. This should be completed by 8/15. There has been adequate
documentation of the flow. Once this is completed the mayor will go to the
Village of Cayuga Heights to request more sewer units. With regards to the
proposed intermunicipal sewer project, DEC will be the lead agency for scoping.
This process will begin after Labor Day and take approximately 9 months to
complete.
The
Mayor has heard very positive comments regarding the traffic light at Warren and
Uptown Roads. Don is working with Dave Putnam to come up with a solution for Northwood
Blvd.
Randy
suggested the Board schedule a public hearing for consideration of municipal
subdivision approval for all of the lots that are being acquired by the Village
along N. Triphammer Rd. and the gift from the Edelmans as required under new Local
Law 5. The contracts for Joyce Rendano are back. The only outstanding contracts
for the N. Triphammer Rd. Project are Irv Lewis & Mobil. Randy gave Jodi a
list of property owners and attorneys, which needed to be paid for property
acquisition.
Resolution #3794- To Set A Public Hearing for the
Municipal Subdivision of Properties to be Acquired Along N. Triphammer Rd. for 7:30pm and for the Edelman/Kensington
Subdivision at 7:35pm on August 6, 2001.
Trustee Lynn Leopold moved to accept this
resolution. Trustee Frank Moore seconded the motion.
Mayor Donald Hartill-Aye Trustee Frank Moore- Aye
Trustee Lynn Leopold-Aye
Trustee
Trustee Janet Beebe-Aye
Randy
informed the Board that Joyce Rendano’s lawyer has requested a copy of the
resolution allowing the Mayor to sign the N. Triphammer Rd. contracts and
requested that we pass another resolution so we don’t have to waste time
looking for that resolution.
Resolution #3795- To Authorize the Mayor to Sign an
Agreement with Joyce Rendano for Property Acquisition
Trustee
Mayor Donald Hartill-Aye Trustee Frank Moore- Aye
Trustee Lynn Leopold-Aye
Trustee
Trustee Janet Beebe-Aye
Awhile
ago the Board had discussed changing the amount for recording property cards.
It presently is $100 but it was suggested that it be raised to $500 or $1,000. A
decision was never made on this and as Jodi is doing year-end she would like to
know what the Board would like to do.
Resolution #3796- To Change the Value for Recording
Property Cards from $100 to $500.
Trustee
Mayor Donald Hartill-Aye Trustee Frank Moore- Aye
Trustee Lynn Leopold-Aye
Trustee
Trustee Janet Beebe-Aye
Lynn
announced that it now possible to take your old computers to the recycle
center.
Motion- To Adjourn
Trustee
Mayor Donald Hartill-Aye Trustee Frank Moore- Aye
Trustee Lynn Leopold-Aye
Trustee
Trustee Janet Beebe-Aye
The
meeting adjourned at 9:55 P.M.
Village
Clerk