July 12, 2004

The meeting of the Village of Lansing Planning Board was called to order at 7:35 P.M. by Ned Hickey. Present at the meeting were Planning Board Members Doris Brown, Phil Dankert, Carol Klepack and Maria Stycos; Trustee Liaison Lynn Leopold; Code Enforcement Officer Ben Curtis; and members of the public.

Public Comment:

Hickey opened the Public Comment period.

John O’Neill, 53 Janivar Drive spoke first on behalf of the Lansing Trails Homewner’s Association. O’Neill stated that on Ayla Way, there are no street lights. Hickey responded that he has spoken with Ivar Johnson and they have been ordered and he is aware they must be installed. The Board of Trustees will address this at the time of dedication of the road and will not accept the road without the street lights. Next, O’Neill stated he has spoken with Fernando d’Aragon in County Planning about painting lines on the existing roads in Lansing Trails which would designate walkways and have the effect of making the road appear narrower. This is a recognized traffic calming measure. Hickey stated O’Neill should bring this up to the Board of Trustees as they are the ones who would allocate funding. Thirdly, O’Neill suggested traffic calming measures of street humps should be considered at pedestrian crossings. Hickey stated the Village engineer feels the road should be built according to standard specifications and if a problem develops, then traffic calming measures can be implemented.

Klepack moved to close the Public Comment period. Seconded by Stycos. All aye.

Public Hearing – Special Permit No. 1915 – Arleo Institute:

The next item on the agenda was a Public Hearing for Special Permit No. 1915, Arleo Eye Institute to construct a 21,680sf medical office building on the lot on the northwest corner of Warren Road and Uptown Road in the Human Health Services District, Tax Parcel No. 46.1-6-6.21

Alex Urda, engineer for Keystone Associates, gave the presentation for Arleo Real Estate. The project is located on 2.5 acres and the proposal is for a 21,680sf building to be located on the corner of Warren and Uptown Roads located in the Human Health Services District. First Urda presented a plan that maximized the building foot print and paved area. It showed a 25 ft. parking set back on the south, north and east. On the west, there was a 75 ft. buffer strip. The parking and building size had been adjusted to fit within these required setbacks. Then Urda presented a plan which did not increase the amount of impermeable area over that of the first plan, but which included a 25 ft. variable buffer strip on the west in lieu of the standard 75 ft. buffer. The size of the building was not changed although it had been made more architecturally pleasing. Landscaping and islands were also proposed for the project. Storm water exiting the property passes through two detention swales of mowable grass on the southern side of the property. These are designed to meet EPA Phase 2 Regulations with regard to both water quality and rate of discharge There will also be a grass swale on the northern side. Berming is proposed for the entire side along Warren Road. Plantings and trees will be added to this area. There is also space approx. 15 ft. wide currently proposed for plantings which might be utilized in the future for 10-12 cars should the proposed parking prove inadequate.

Urda stated that the detention ponds will reduce the rate of storm water discharge to the present levels and water will exit through a 15 inch pipe to the ditch along Uptown Road. The sewer will exit on the SW corner of the property and will go under Uptown Road. It is proposed to go under the detention pond, although it may be shifted away from the berm. This detail will be reviewed by the Village Engineer.

Hickey asked for clarification on a traffic control post as noted on the plans. Urda responded that Curtis also noticed this. It is an error and is meant to indicate a light pole. A Lighting Plan will be submitted at a later date. The current proposal is for 12 lights around the perimeter and 2 lights in the parking lots. There will also be ballard lights along the walkways and entrance ways.

Dankert asked about the hours of operation of the lights. Urda responded that the lights will cut off at night other than for security. Urda noted that light spillage would be almost non-existent. Curtis noted that the Lighting Plan should also include all exterior lighting including building mounted lights.

Urda stated that they would like to eliminate the 24 ft. ROW access on the northern boundary to access the parcel to the north. The plat indicates that the second parcel can be developed only if the two parcels are combined or if direct access by a public road is provided for the second parcel. Arleo does not currently own the second parcel and there are no plans at this time to combine the two lots. Hickey felt the previous owner, Dr. Rubinstein, had planned to use both parcels. The second parcel is now owned by Cornell.

Leopold asked about the property line jogging into Warren Road. Urda stated this is confusing. The survey crew researched this and the property line does indeed go into the roadway and is described this way in the deed. Hickey mentioned that he has a meeting this week with the County Highway Department and will ask if they are aware of this situation. Urda noted that it is not uncommon in rural areas for the property lines to go to the center of the road. Urda stated the proposed project has based the setbacks not on the property lines but on the r.o.w. boundary.

Leopold asked about the 25 ft. variable buffer. Urda responded that they would submit the buffer landscape plan at the next meeting. In addition to that there would be small landscape plantings around the buildings. There would also be landscaping around the perimeter, as well as pockets in various areas in the interior.

The presentation for the proposed building was made by Henry Cesari, the Project Architect. The 25 ft. variable buffers allows the project to have front and rear exits and entrances to meet the needs of the doctors and to allow for emergency transportation without having to take patients through the waiting areas. The variable buffer also allows for supplies to be delivered in the rear of the buildings and will not obstruct the handicapped parking spaces in the front. The screened entry will also provide for confidentiality of patients with special needs or for those transported from incarceration. Plantings are proposed wherever possible including on the larger islands. The western border will be planted with possibly a hedgerow of alternating varieties of pines 15 ft. on center to provide a dense screen in 4-6 years. Berming will be used to enhance the buffer wherever feasible. Hickey provided documentation from the Zoning Law which specifically states what should be planted and in what locations in a buffer strip. Cesari stated it should be possible to meet all the requirements of the variable buffer strip. Curtis noted the requirement for maintaining the buffer.

Hickey asked what the building would actually look like. Cesari then distributed elevations of the building and noted the roof is proposed to be black. Air conditioning units placed on the roof must also be screened. The building exterior will be of natural stone and cedar. The project has three proposed phases and construction scheduling will depend on when spaces are leased.

Hickey stated the Board has enough information for the SEQRA and the Special Permit approval and conditions can wait until the landscape plan for the buffer is submitted. The Board would also like to see a colored rendering of the building proposed for Phase 1.

Hickey opened the Public Hearing.

John O’Neill, 53 Janivar Drive, expressed his concern that since there is only about ½ acre not covered by the footprint of the building or paving, will the detention swales be sufficient to hold the storm water runoff. Urda stated the swales were modeled on 2% slope and the berms will assist to meet the new regulations by slowing the water. Hickey also noted that Engineer Cross needs to review and approve the plans. Urda stated another swale has been built to assist with runoff and 80% will exit from one area on the site. The use of berms, with evergreens as well as deciduous trees, and swales in combination will be utilized on the site.

As there was no one else present who wished to speak, Dankert moved to close the Public Hearing. Seconded by Klepack. All aye.

Curtis stated he has spoken with the Fire Chief who was agreeable to the plans and layout of the parking lot but requested there be three fire hydrants. The locations he proposed for the hydrants have been given to Urda and will be transposed onto the final plans. Urda stated the number of fire hydrants seems excessive. Curtis stated the fire department would not be running a hose across Warren Road and there should only be 150 ft. to the hydrant. Curtis will discuss this in more detail with Urda.

Urda did not have a corrected copy of the SEQRA form with the required signature but will provide it for the next meeting. Hickey stated the Board would then transpose the corrected information, but could proceed with the SEQRA review tonight.

Urda asked about reducing the width of access lanes in the parking areas from 24 to 20 feet. Hickey stated Engineer Cross would need to review this and Urda should discuss this with him. Klepack noted that some Board members prefer less asphalt. Hickey stated the engineer often bases his recommendation on safety.

Hickey stated this is an unlisted action and will not receive coordinated review. The Board proceeded with Part 2 of the SEQRA Environmental Assessment Short Form. A – no B – No, C1 – No, most items are covered by the Village Engineer and his approval will be needed for the Special Permit. There was discussion as to the location of the driveway in relation to the driveway to the apartments. The driveway to the apartments is closer to the Swim Club entrance and the proposed driveway for this development is about 100 ft. to the east. C2 – No, it is within the Zoning District where it is a permitted use and also next to the Convenient Care Center. C3 – No C4 – It is in the appropriate Zoning District. C5 – None C6 – None C7 - None D – No Controversy – No.

Klepack moved the following resolution, seconded by Brown:

VILLAGE OF LANSING PLANNING BOARD RESOLUTION FOR SEQR REVIEW OF PROPOSED ACTION ADOPTED ON July 12, 2004

WHEREAS:

A. This matter involves consideration of the following proposed action: Special Permit No. 1915, Arleo Eye Institute to construct a 21,680sf medical office on the lot on the northwest corner of Warren Road and Uptown Road in the Human Health Services District, Tax Parcel No. 46.1-6-6.21; and

B. This proposed action is an Unlisted Action for which the Village of Lansing Planning Board is an involved agency for the purposes of environmental review; and

C. On July 12, 2004, the Village of Lansing Planning Board, in performing the lead agency function for its independent and uncoordinated environmental review in accordance with Article 8 of the New York State Environmental Conservation Law - the State Environmental Quality Review Act (“SEQR”), (i) thoroughly reviewed the Short Environmental Assessment Form (the “Short EAF”), Part I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) thoroughly analyzed the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 617.7(c), and (iii) completed the Short EAF, Part II;

NOW, THEREFORE, BE IT RESOLVED AS FOLLOW:

1. The Village of Lansing Planning Board, based upon (i) its thorough review of the Short EAF, Part I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 617.7(c), and (iii) its completion of the Short EAF, Part II, including the findings noted thereon (which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance (“Negative Declaration”) in accordance with SEQR for the above referenced proposed action, and determines that neither a Full Environmental Assessment Form, nor an Environmental Impact Statement will be required; and

2. The Responsible Officer of the Village of Lansing Planning Board is hereby authorized and directed to complete and sign as required the Short EAF, Part III, confirming the foregoing Negative Declaration, which fully completed and signed Short EAF shall be attached to and made a part of this Resolution.

The vote on the foregoing motion was as follows:

AYES: Doris Brown, Phil Dankert, Ned Hickey, Carol Klepack and Maria Stycos

NAYS: none

The motion carried.

Hickey noted the Landscape Plan is still outstanding and will be needed for the next meeting. The Village Engineer will also need to approve the drainage. A Lighting Plan is also required but can be submitted at a later date.

Other Business as Time Permits:

Hickey has received a call from Clough-Harbour & Associates about Lansing Trails 2 regarding traffic concerns. He has set up a meeting with the County Traffic Engineer, John Lampman, regarding what mitigation is proposed or is available for the intersection of Bomax and Warren Roads. Hickey will attend the meeting and will make sure the potential development of Bomax is also considered. Leopold would also like to see the intersection of Craft Road and N. Triphammer Road addressed. Hickey stated that when N. Triphammer Road is reconstructed, there will be utilities in place should a traffic light be warranted in that location in the future.

Hickey also announced that the Village would be putting out bids for N. Triphammer Road on July 12^th. The bid will be awarded on August 2^nd. Work will begin in September although there will be no major road construction this year although the road may be resurfaced. Most of the construction will be next year and will take the whole summer.

Stycos asked about the traffic problem on Bomax Drive. Hickey stated it is at failure or Level F, but only for a short period of time in the afternoon. Hickey has spoken with Planning Department Commissioner Marx and the Warren Road Rehabilitation Plan is scheduled for 2006-2007. The culprit is Borg Warner who releases their employees at the same time and there is no platooning of vehicles. Hickey stated there may be a requirement for a phasing in of units by Jonson. The Board also discussed the staggering of shifts by Borg Warner. This issue was not addressed when the Post Office was built as the Village did not have approval authority for that project.

Regarding the Comprehensive Plan, Hickey will ask Willard to prepare all the sections of Part 1 which have been revised for review by Planning Board members. Part 2 of the plan will be done after that.

Klepack asked about the requirements for variable buffer strips. Curtis stated they are only permitted as an option in the Commercial Low Traffic District and the buffer for the Human Health Services District is toggled to that of the Commercial Low Traffic District and therefore the variable buffer option is permitted in that District as well. In either case permission to use the variable buffer in lieu of the 75 ft. buffer is at the sole discretion of the Planning Board. Hickey stated the applicant had to bring in both a plan with the 75 foot buffer and another plan with the variable buffer to show there was no increase in the impervious surfaces. Curtis recommended the Board note the reasons why the variable size buffer is approved for this or any development.

Brown asked if there is any way to reduce the amount of paper received. Hickey stated he pulls the staples from the set of plans, keeps what he needs, and recycles what he does not need. Hickey stated the engineer and Curtis need the entire packet of plans, but that Board members do not need the full package. Curtis stated some of the materials submitted are only for himself and the engineer and Board members do not receive the materials. Hickey and Curtis will discuss this further.

Adjournment:

Klepack moved to adjourn at 9:50 P.M. Seconded by Dankert. All aye.