Planning Board Meeting
The meeting of the
First, Hickey welcomed Mario Tomei,
Hickey opened the Public Comment period.
As there was no one who wished to speak, Klepack moved to close the Public Comment period. Seconded by Stycos. Ayes by Brown, Hickey and Stycos. Motion carried.
Public Hearing:
Final Plat Approval of Zajac Subdivision,
The first item on the agenda was a Public Hearing on the
Final Plat Approval of the Zajac Subdivision, a minor subdivision dividing a
3.5 acre lot into two lots. The lot to
be subdivided is known as
Daniel Zajak stated he is interested in selling his house
and wants to split the 3½ acre lot into two parcels. A realtor recommended the
subdivision and the proposed lot with the house
has been sold, pending approval of the subdivision. Hickey stated the Board has previously
classified this as a minor subdivision and now needs to consider the
subdivision itself. Klepack stated the
new parcel would have access from
Dubow noted that this minor subdivision is classified
under the Village’s local regulations as an exempt action under SEQRA and does
not require an environmental assessment.
Curtis noted he has received proof of mailing. Curtis also stated his concern that the road
ROWs are not shown on the Subdivision Plat but rather property boundaries are
shown as the center of the roads. Curtis
has spoken to the surveyor Michael Reagan as well as Superintendent of Public
Works John Courtney and both indicated that
Klepack asked if the empty lot would be able to support a
septic system. Curtis stated the Village
lot size requirement is a minimum 1.5 acres for a single family residence; the
Health Department determines size and suitability for the septic system. Even
if the Village approves the lot the owner still has to get a septic system
construction permit from the Heath Department before the Village will issue a building
permit for a house. Curtis stated it is possible a lot might meet the size
requirements but might not meet other criteria required by the Health
Department, but that with current technology it is very unlikely that a septic
system could not be designed to serve a single family home on 1.5 acres.
Klepack moved the following resolution, seconded by
Stycos:
WHEREAS:
A. This matter involves consideration of the
following proposed action: Final Plat Approval of the Zajac Subdivision, a
minor subdivision dividing a 3.5 acre lot into two lots. The lot to be
subdivided is known as
B. The Village of Lansing
Planning Board, in accordance with Village of Lansing Local Law 3 of 2000,
hereby determines that the approval of the proposed minor subdivision is a Type
II action, and thus may be processed without further regard to Article 8 of the
New York State Environmental Conservation Law - the State Environmental Quality
Review Act (“SEQR); and
C.
On
May 9, 2005, the Village of Lansing Planning Board held a public hearing
regarding this proposed action, and thereafter thoroughly reviewed and analyzed
(i) the subdivision plat and accompanying materials and information presented
by and on behalf of the applicant in support of this proposed action, including
information and materials related to the environmental issues, if any, which
the Board deemed necessary or appropriate for its review, (ii) all other
information and materials rightfully before the Board, and (iii) all issues
raised during the public hearing and/or otherwise raised in the course of the
Board’s deliberations;
NOW, THEREFORE, BE IT
RESOLVED AS FOLLOW:
1. The Village of
Lansing Planning Board, based upon all of its foregoing review and action,
hereby grants final plat approval of the Zajac Minor Subdivision subject to the
following conditions and requirements:
The Plat shall
be amended to show the right-of-way boundaries of Village Roads contiguous to
the property.
2. The Chairperson of the
Village of Lansing Planning Board is hereby authorized and directed to sign
such final plat in accordance with Sections 303.07 and 312.01 of the Village of
Lansing Land Subdivision Regulations.
The
vote on the foregoing motion was as follows:
AYES:
Ned Hickey, Maria Stycos, Carol Klepack
and Doris Brown
NAYS: none
The
motion was declared to be carried.
Lansing Trails 2
Final Plat Approval (continued discussion):
Hickey sent Board members a memo summarizing a meeting of
Cross, Curtis, Dubow and Hickey to review the conditions for this project. Dubow explained the changes and revisions
made to Schedule A. The provision for
the Airport Combining District has been removed as the Board of Trustees
approved the proposed local law removing that District from the Zoning Law. Subsequently, the County sent a letter to the
Village indicating they had concerns about the proposed law eliminating the
Airport Combining District and had determined that the proposed local law could
have negative intercommunity or countywide effects. These concerns of the County Planning Department
have been previously discussed by the Planning Board. This May 6th letter does, however,
require the Board of Trustees to consider the concerns and vote again. The revote will require a majority plus one
for approval and may occur at either the May 11th or May 16th
Board of Trustees’ meeting. Therefore, a
new condition number 26 has been added to the Lansing Trails conditions to
include provision for the Airport Combining District since it does exist at
this time. Jonson has been told not to
modify the plat at this time as the Airport Combining District will probably be
removed upon a revote by the Board of Trustees.
Dubow stated a number of the conditions have been
satisfied. Requirements pertaining to the phasing plan will be discussed
tonight. Notes have been placed on the
plat to indicate which lots have and have not been given final approval based
upon complying with all of the conditions for the signing of the plat by the
Board Chairperson. There will be a
condition referencing the phasing plan noted on the plat. Hickey stated a construction phasing plan has
been received by the Village and, if approved, will be noted on the plat and
will become a part of the plat. Dubow
noted this project will be done in increments.
Upon the completion of one phase, the conditions for the next phase,
notably the posting of security, must be satisfied in order for the developer
to continue. Dubow stated only the lots
receiving final approval as part of each phase will be available for sale.
A third issue is the road on the plat indicated as Road
B. Hickey and Jonson are aware that a
name is required for the road and one will be forthcoming before the plat is
signed.
Dubow stated that
condition number 11 refers to drainage and conservation easements for specific
lots. Dubow stated the drainage
easements permit the Village to ensure drainage across certain privately owned
properties to the road ROWs and storm water management areas owned by the
Village. Dubow stated the conservation
easements will allow the Village to control the removal of trees on certain
private property where there are significant trees, particularly the forested
area near the NE corner. Cross stated
the drainage areas were areas where storm water runoff from one privately owned
property had to cross another privately owned property to reach a publicly
owned drainage way. In Lansing Trails 1 there were similar situations, but
where a public easement was not conveyed and problems resulted.
Klepack asked about a sidewalk on the north side of Bomax
Drive to Warren Road as it was not indicated on the plat. She was reassured by Jonson that there will
be a sidewalk in that area.
Klepack also asked about a sidewalk on the stub of the
road going towards the Millcroft Subdivision.
Klepack feels a sidewalk is needed.
Cross stated there is one on the south side of the Craft Road Extension
and one on the west side of Road B, and one of the trails intersects the Craft
Road Extension sidewalk going toward what will become a park in the Millcroft
Subdivision. Klepack feels residents
should not have to detour on to the trails but should be able to walk on a
sidewalk rather than in the streets.
Hickey stated the Board has not discussed this previously. Klepack would like to see the sidewalk on the
west side of Road B continue across the Craft Road Extension and along the stub
of Road B connecting the Millcroft Subdivision.
This would require about 7 feet of sidewalk.
Klepack stated where the trail swings west and goes north
again, there should be trail on the other side of the street to go up to the
Millcroft Subdivision. Hickey stated it
should be matched to the Millcroft Subdivision trail and will need to be
matched as they are built. Hickey stated
a raised crosswalk would also be needed in this area. Cross stated this can be addressed as phases
are completed and land is dedicated to the Village.
Klepack also discussed the lack of streams and hedgerows
on the plat and the closeness of the houses to the stream. Hickey stated they could not be any closer
than 50 feet but the Village Conservation Combining District defines an
area 200 feet from the thread of streams
where special care must be taken. Dubow
stated that based upon the recommendation of Hickey and Curtis and in light of
the thorough review of the subdivision there would not be requirements for a
Special Permit for these individual lots and the approval of the final plat
would so indicate. Dubow stated there
are conditions as to what can and can not be done in Conservation Combining
Districts. Hickey asked that the center
line of the stream be placed on the plat and Engineer LoTurco will do
this.
Regarding the hedgerows, LoTurco stated all trees over 8
inches in diameter are indicated on the plat except in the northern area where
the trees are protected by the conservation easement discussed earlier. Hickey stated the only trees to be removed
are where residences will be built.
Dubow stated condition number 15 deals with the replacement of trees and
the preservation of hedgerows. Stycos
stated if trees are removed they must be replaced. Hickey stated that more street trees will be
installed than the number removed.
Jonson stated landscaping is very important. Stycos asked where the street trees would be
placed on each lot. Hickey responded
that the type and location of each would be determined as each lot is
developed. Hickey further stated that
the trees would be of differing species so one disease would not wipe out the
entire subdivision.
Additional conditions were then discussed. Hickey noted that condition number 16
requires the submittal of a Street Lighting Plan. Item number 20 requires a written document
from the adjacent property owner Robert Dean agreeing to complete Bomax Drive
and dedicate it to the Village which must be provided before Hickey signs the
plat. Item 22 requires the naming of all
roads. LoTurco stated Jonson has a
couple of ideas for Road B. Jonson
suggested the Village Parkway. Hickey
stated there are not many houses on that road and having something to do with
the park would be nice. Klepack
recommended it be checked with the Fire Department. Hickey stated there is a Parkway in Cayuga
Heights so it might be better to go with Park Drive or Park Road. Jonson would recommend putting in the word
Village in the name. The final consensus
was for Village Park Way. Curtis will check this name with the 911 Center.
Curtis asked about phasing as an amendment to Condition
23. Dubow stated the note required by
Condition 23 would be amended to include “see construction phasing plan C27
revised 4-20-05”.
Brown moved the following resolution, seconded by Klepack:
VILLAGE OF LANSING PLANNING BOARD RESOLUTION ADOPTED ON MAY 9, 2005 FOR FINAL SUBDIVISION PLAT APPROVAL FOR THE LANSING TRAILS II SUBDIVISION
WHEREAS:
A.
This matter involves consideration of the following
proposed action: Final Plat approval of the Lansing Trails II Subdivision, a
major cluster subdivision dividing three lots totaling 32.78 acres into 97
building lots for zero lot line townhouses and single family homes and residual
land owned in common. The lots to be subdivided are east of the Lansing Trails
I Subdivision and west of Borg Warner and the Bomax Business Park, and are
located in the Medium Density Residential District, Tax Parcel Nos. 45.1-1-50,
51.2 and 113; and
B.
The
Village of Lansing Planning Board and applicant undertook a lengthy and
extensive sketch plan review process involving this action with significant
public participation and input, followed by the grant of approval by the
Village Board of Trustees for the proposed cluster development, all of which
(i) involved significant review of environmental issues and considerations and
(ii) resulted in modifications to the proposed subdivision and the inclusion of
mitigating measures deemed necessary and appropriate; and
C. On June 29, 2004 and September 28, 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) pursued its thorough review of the Full Environmental Assessment Form (the “Full EAF”), Part 1, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, and (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), whereupon at each such time it identified certain revisions and corrections to be made by the applicant and identified certain traffic and other issues to be further addressed, evaluated and supplemented with additional information; and
D. On October 11, 2004, the Village of Lansing Planning Board, in continuing to perform 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) extended its thorough review of the Full Environmental Assessment Form (the “Full EAF”), Part 1, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review (all as revised, corrected and supplemented), (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 Full EAF, Part 2 (and, if applicable, Part 3); and
E. On October 11, 2004, the Village of Lansing Planning Board, based upon (i) its thorough review of the Full EAF, Part 1, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, including traffic study reports and materials, (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 Full EAF, Part 2 (and, if applicable, Part 3), including the findings noted thereon, made a negative determination of environmental significance (“Negative Declaration”) in accordance with SEQR for the above referenced proposed action, and determined that an Environmental Impact Statement would not be required; and
F. The foregoing sketch plan review, Board of Trustees approval of the clustering plan, and environmental review included approval of the alienation (and application therefor to the New York State Legislature as required) of the northerly portion of the park land situated in the Lansing Trails I Subdivision to the east of the current end of Craft Road so as to provide for the extension of such Craft Road to the east for purposes of connecting to the street system in the Lansing Trails II Subdivision, which park land was previously conveyed to the Village of Lansing in conjunction with the Lansing Trails I Subdivision approval (such alienated park land being replaced with additional park land as provided for in the Preliminary Plat and accompanying subdivision application materials submitted by the applicant for this Lansing Trails II Subdivision); and
G. On January 25, 2005, the Village of Lansing Planning Board reviewed the Preliminary Plat and accompanying subdivision application materials submitted by the applicant and determined that subject to certain minor revisions and additions, all of which were made as required, the preliminary plat application was complete and a public hearing could be held as required; and
H. On February 15, 2005, the Village of Lansing Planning Board held a public hearing on the Lansing Trails II Subdivision preliminary plat, and thereafter (i) thoroughly reviewed and analyzed the issues raised during the public hearing and otherwise raised in the course of its deliberations, (ii) addressed such issues and appropriate remedial measures related thereto, including possible conditions that might be imposed in conjunction with any preliminary approval to be granted for such plat, and (iii) unanimously granted conditional preliminary plat approval subject to the conditions and requirements for enumerated in such preliminary approval; and;
I. On April 11, 2005, the Village of Lansing Planning Board held a public hearing on the Lansing Trails II Subdivision final plat (dated February 3, 2005, revised April 4, 2005), and thereafter (i) reviewed any new issues raised during the foregoing public hearing on the final plat, (ii) reviewed the conditions and requirements previously provided for in its preliminary plat approval, (iii) reviewed the aforesaid final subdivision plat and supporting materials submitted with such final plat, and (iv) reviewed and discussed various conditions to be attached to the approval of the final plat, and (v) determined that additional revisions to the final plat and supporting materials were required; and
J.
On
April 26, 2005, the Village of Lansing Planning Board (i) further reviewed the
Lansing Trails II Subdivision final plat (dated April 25, 2005) and the
supporting materials submitted with such final plat, (ii) further reviewed the
conditions and requirements to be attached to the approval of the final plat,
and (iii) determined once again that additional revisions to the final plat and
supporting materials were required; and
K. On May 9, 2005, the Village of Lansing
Planning Board (i) once again further reviewed the Lansing Trails II
Subdivision final plat (dated April 25, 2005, revised May 3, 2005, and further
revised May 5, 2005) and the supporting materials submitted with such final
plat, (ii) further reviewed the conditions and requirements to be attached to
the approval of the final plat, and (iii) confirmed the various conditions to
be attached to the approval of the final plat;
NOW,
THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Village of Lansing Planning Board, based upon all of its foregoing review and action, hereby grants approval of the final plat (dated April 25, 2005, revised May 3, 2005, and further revised May 5, 2005) for the Lansing Trails II Subdivision, subject to the conditions and requirements set forth on the attached Schedule A;
2. The Chairperson of the
Village of Lansing Planning Board is hereby authorized and directed to sign
such final plat (i) upon compliance with all of the foregoing conditions and
requirements for which compliance is required prior to such signing of the
final plat, and (ii) in accordance with Sections 305.07 and 312.01 of the
Village of Lansing Land Subdivision Regulations;
3. The Village of Lansing Planning Board, based upon all of its foregoing review and action, and conditioned upon its foregoing approval of the Final Subdivision Plat for the Lansing Trails II Subdivision, hereby also grants approval of the necessary amendment to the previously approved and revised Lansing Trails I Subdivision Final Plat to reflect the alienation of the northerly portion of the park land (as set forth on the Lansing Trails II Final Subdivision Plat) situated in the Lansing Trails I Subdivision to the east of the current end of Craft Road so as to provide for the extension of such Craft Road to the east for purposes of connecting to the street system in the Lansing Trails II Subdivision, such amendment to be deemed effective upon the actual alienation of the aforesaid Lansing Trails I parkland;
4. The Chairperson of the
Village of Lansing Planning Board is hereby authorized and directed to sign an
amended Lansing Trails I final plat upon the completion of alienation process
for the aforesaid Lansing Trails I parkland; and
5. Based upon the full and
extensive environmental review and overall subdivision review conducted and
completed by the Village of Lansing Planning Board in conjunction with the
approval of this clustered subdivision, the Village of Lansing Planning Board
hereby finds that the proposed development and improvements, including the
development and improvements in that portion of the clustered subdivision that
is situated within a Conservation Combining District, meet (i)
all general conditions required for all special permits (Village of Lansing
Zoning Law Section 304.05), (ii) any applicable conditions required for certain
special permit uses (Village of Lansing Zoning Law Section 304.06), and (iii)
any applicable conditions required for uses within a Combining District
(Village of Lansing Zoning Law Section 305), and therefore no further special
permit applications and approvals shall be required for the proposed
residential development, cluster housing and related improvements made in
accordance with and consistent with the Final Subdivision Plat for the Lansing Trails II
Subdivision as approved.
CONDITIONS OF FINAL PLAT APPROVAL
FOR
LANSING TRAILS
II SUBDIVISION
1. Approval by the Village
Engineer of the Final Subdivision Plat and supporting design/specification
documents, including, but not limited to, plans and specifications for drainage
ways, storm water management/retention areas, erosion control, public
utilities, street and intersection layouts (including the cul-de-sac design),
traffic calming devices, sidewalks, street lighting, emergency access and snow
removal.
2. Approval by the Village
Attorney of conveyance and/or dedication documents in favor of the Village,
including, but not limited to, documents providing for the conveyance and/or
dedication, to the extent required in accordance with the approval of the Final
Subdivision Plat, of streets, storm water management/retention areas (and
easements or rights-of-way thereto), utilities, recreational areas, parklands,
trail areas, open space and easements, together with any restrictive covenants
or other conditions related thereto.
3. Approval by the Village
Attorney of (i) any Offering Plan submitted to the State of New York for
approval, (ii) any restrictive covenants applicable to the subdivided parcels,
(iii) any documents and/or agreements applicable to any homeowners association
or similar entity to be formed, and (iv) any provisions applicable to such
association or entity as to its obligations to properly maintain all commonly
owned areas (including, but not limited to utilities, open space, and storm
water management facilities), and in the case of its default with respect to
such obligations, the rights of the Village to perform such duties (and gain
access for such purpose) and impose the costs thereof upon such association or
entity.
4.
Compliance with the Village Land Subdivision Regulations and New York
Statutes as to requirements for the dedication of parklands and recreational
areas.
5. Compliance,
to the extent applicable, with the general requirements and design standards
and other conditions of Article 300 and Article 400 of the Village Land
Subdivision Regulations.
6. Compliance with Section 306
of the Village Land Subdivision Regulations as to letter of credit and related
financial security requirements.
7. Availability for the proposed
residential development of (i) sufficient sewer units/permits and (ii)
sufficient capacity and infrastructure by all other utility providers (e.g.,
Southern Cayuga Lake Intermunicipal Water Commission, NYSEG), and the inclusion
of the following note to be set forth on the Final Subdivision Plat:
A building permit for an approved lot on this Final Subdivision Plat
shall be issued only if the necessary sewer unit/permit is available for the
residential improvements proposed for such lot.
The approval by the Planning Board of this Final Subdivision Plat shall
not be deemed to constitute or be evidence of the current or future
availability of any such required sewer units/permits.
8. Approval by the Village
Engineer of infrastructure (e.g., streets, public utilities, etc.) construction
schedules and procedures, including, but not limited to, ingress and egress of
construction vehicles and equipment (which shall be limited to ingress and
egress to and from Warren Road over the existing Bomax Drive and the extension
of Bomax Drive to the west and connecting to the Lansing Trails II Subdivision
– see Condition 20 below), signage, scheduling, and coordination of all
required work with the construction of storm water management/retention and
erosion controls, including internal drainage plans to minimize adverse
impact of storm water run off from one
lot onto another and from developed lots and areas onto undeveloped lots and
areas.
9. Approval by the Village
Planning Board of a staging plan indicating the intended phased order of
subdivision development and construction, which plan shall minimize
construction traffic and activity in already developed areas of the
subdivision.
10. Approvals from all other
required governmental agencies, including, but not limited to, the Tompkins
County Health Department.
11. Approval by the Village
Engineer and Village Attorney of drainage and conservation easement documents
for the rear yard areas of Lots P1-A to P1-F, P2-A to P2-F, P3-A to P3-E, M-1,
P7-A to P7-F, P9-A to P9-D, P16-A to P16-C and 10.
12. Inclusion on the Final
Subdivision Plat of the following note:
The approval by the Village of Lansing Planning Board of this Final Subdivision Plat shall not be deemed to constitute or be evidence of any acceptance by the Village of Lansing of any street, easement or other open space shown on this plat (see Section 313.01 of the Village of Lansing Land Subdivision Regulations).
13. The Final Subdivision Plat
shall be deemed to have received final approval only upon compliance with Section 312.01 of the
Village Land Subdivision Regulations.
14. Submission of the Final
Subdivision Plat for review by the Lansing Fire Chief and implementation on the Final Subdivision
Plat of all modifications required as a result of such review.
15. Approval of the Village
Planning Board of a Landscape Plan (i) indicating the replacement of all trees
greater than 8" in diameter at breast height to be removed and (ii) new
trees and plants to be installed; or, in the alternative, approval by the
Village Planning Board and Village Attorney of covenants and restrictions
running with the land providing for protective measures where reasonably
possible to preserve hedgerows and undeveloped land in its natural state.
16. Approval as required of
Street Lighting Plan.
17. Establishment by the Village
Zoning and Code Enforcement Officer of permitted construction work schedules,
including the days of the week and the hours of the day during which
construction work will be permitted.
18. Final construction of all roads and infrastructure in compliance with standards and specifications provided for in the Village of Lansing Subdivision Regulations at the time of such construction.
19. Filing of a notice with the NYSDEC of a sedimentation, erosion and
pollution prevention and control plan, including the name of a specific person
designated to perform inspections related thereto and provide weekly reports to
the Village.
20. Written documentation, in form and substance satisfactory to the
Village Engineer and the Village Attorney, from the owner of the property
adjoining to the east confirming (i) the commitment and obligation of such
party to extend Bomax Drive westerly to the east boundary of the Lansing Trails
II Subdivision (connecting to Bomax Drive and Bomax Circle as set forth on the
Lansing Trails II Final Subdivision Plat) providing access to and from Warren
Road, (ii) the consent of such party to the temporary use of the currently laid
out and not fully improved road bed for the Bomax Drive extension for ingress
and egress to and from the Lansing Trails II Subdivision for construction and
related equipment, machinery and traffic, (iii) the commitment and obligation
of such party to complete construction
of the Bomax Drive extension to applicable Village of Lansing specifications
(including sidewalks as required) and (iv) the commitment and obligation of
such party to offer dedication of such
completed road to the Village of Lansing.
21. Alienation (with approval thereof as required by the New York State
Legislature) of the northerly portion of the park land (as set forth on the
Lansing Trails II Final Subdivision Plat) situated in the Lansing Trails I
Subdivision to the east of the current end of Craft Road so as to provide for
the extension of such Craft Road to the east for purposes of connecting to the
street system in the Lansing Trails II Subdivision, which park land was
previously conveyed to the Village of Lansing in conjunction with the Lansing
Trails I Subdivision approval, and the filing of a revised Final Subdivision
Plat for the Lansing Trails I Subdivision reflecting the alienation of such
parkland, the extension of Craft Road and all other related modifications.
[NOTE: THIS
CONDITION WILL BE DEEMED VOID AND OF NO FURTHER EFFECT IN THE EVENT THAT THE
INTENDED ALIENATION OF PARKLAND IS NOT APPROVED BY THE STATE OF NEW YORK AS
REQUIRED, WHEREUPON (i) THE EXTENSION OF CRAFT ROAD IN LANSING TRAILS I
EXTENDING THROUGH WHAT WAS INTENDED TO BE THE ALIENATED PARKLAND WILL NO LONGER
BE REQUIRED (ii) THE AMENDMENT TO THE LANSING TRAILS I FINAL PLAT HEREBY
APPROVED SHALL NO LONGER BE REQUIRED, (iii) THE PORTION OF THE CONNECTING
STREET ON THE LANSING TRAILS II FINAL PLAT EXTENDING WESTERLY BEYOND THE
EASTERLY BOUNDARY LINE OF LOT 1 TO THE EASTERLY EXTENSION OF CRAFT ROAD IN LANSING TRAILS I THROUGH WHAT WAS INTENDED
TO BE THE ALIENATED PARKLAND WILL NO LONGER BE REQUIRED, AND (iv) THE LANSING
TRAILS II FINAL PLAT HEREBY APPROVED WILL BE AMENDED ACCORDINGLY TO ELIMINATE
THE EXTENSION OF THE LANSING TRAILS II STREET SYSTEM FOR PURPOSES OF CONNECTING
DIRECTLY TO CRAFT ROAD IN LANSING TRAILS I.]
22. Inclusion on the Lansing Trails II Final Subdivision Plat of the
names of all newly proposed streets and approval thereof by the Village
Planning Board.
23. The Final Subdivision Plat shall be deemed to have received final
approval only upon compliance Section 312.01 of the Village Land Subdivision
Regulations. In the event that such
final approval is received only for one or more of the four identified Phases
on the Final Subdivision Plat, but not all four Phases, the following note
shall be set forth on the Final Subdivision Plat:
Only Phase(s) ___ [insert number or numbers of Phases] of this
Final Subdivision Plat has/have received final approval of the Village of
Lansing Planning Board. Accordingly,
building permits may be issued only for those lots included in such approved
Phase(s) ___ [insert same number(s) as above].
In such event, the signing of this Final Subdivision Plat by the
Chairperson of the Village Planning Board and the filing thereof shall not be
deemed to constitute or be evidence of the final approval of those Phases not
indicated above. (See Construction
Phasing Plan C-27 dated February 3, 2005, revised April 20, 2005)
In addition to the inclusion
of such note, all lots in the unapproved Phases shall be prominently marked as
“NOT APPROVED – SEE NOTE BELOW.” Upon the subsequent final approval of
any subsequent Phase(s) (i.e., compliance with Section 312.01 of the Village
Land Subdivision Regulations), an amended Final Subdivision Plat shall be
prepared and submitted for the signature of the Chairperson of the Village
Planning Board, and thereafter filed as required, which amended Plat shall no
longer bear the foregoing “NOT APPROVED
– SEE NOTE BELOW” markings on
the affected lots in the newly approved Phase(s).
24. All required roadway and utility improvements for Phase 1 on the
Final Subdivision Plat, including, but not limited to, the extension of Bomax
Drive from Warren Road connecting with Bomax Circle shall be completed and
offered for dedication to the Village of Lansing for public use prior to the
issuance of any Certificates of Occupancy for Phase 1. All required roadway and utility improvements
for Phase 2 on the Final Subdivision Plat, including, but not limited to, the
connection of Nor Way westerly and southerly from Bomax Drive (in Phase 1) to
Janivar Drive (in Lansing Trails I) shall be completed and offered for
dedication to the Village for public use prior to the issuance of any
Certificates of Occupancy for Phase 2.
Under any and all circumstances, pending the completion and dedication
of all of the Phase 1 and Phase 2 roadway and utility improvements connecting
Janivar Drive (in Lansing Trails I) to Warren Road, (i) no more than nineteen
(19) building permits (plus two additional permits for Lots 11 and 12) shall be
issued by the Village of Lansing for the approved lots shown in Phase 1, and
(ii) a temporary emergency access road shall be constructed and maintained as
approved and required by the Village Engineer and Lansing Fire Chief so as to
provide access westerly from Warren Road over Bomax Drive and Bomax Circle and
extending to Ayla Way (in Lansing Trails I).
Such temporary emergency access road shall be removed upon completion
and dedication of all of the Phase 1 and Phase 2 roadway and utility
improvements connecting Janivar Drive (in Lansing Trails I) to Warren
Road. Completion of such road connection
shall be deemed for the sole purpose of this condition to be completion
(meeting the approval of the Village Engineer) of the binder coat for the road
construction constituting the road connection.
25. All park areas, trail areas
and drainage areas (together with infrastructure improvements thereon, if any)
identified in Phase 1 and Phase 2 on the Final Subdivision Plat,
including, but not limited to, Lots 17, 18 and 19 shall be offered for
dedication and conveyance to the Village of Lansing by fee interest (or by
easement, if so indicated) prior to or concurrently with the issuance by the
Village of Lansing of a site improvement permit for construction of the
subdivision improvements and infrastructure related to Phase 1; provided,
however, that the identification of such park areas, trail areas and
drainage areas and any offer of conveyance and dedication thereof shall not
constitute acceptance thereof by the Village of Lansing (see Section 313.02 of
the Village of Lansing Land Subdivision Regulations). Such offer of dedication and conveyance shall
be completed notwithstanding the fact that the initial signing of this Final
Subdivision Plat by the Chairperson of the Village Planning Board to confirm
final approval thereof (see section 312.01 of the Village of Lansing Land
Subdivision Regulations) may be limited to Phase 1 only.
26. Prominent identification on
the Final Subdivision Plat of the demarcation line marking the westerly
boundary of the Airport Combining District (as such District is set forth on
the Village Zoning Map) and the inclusion on the Final Subdivision Plat of the
following note as to (i) those lots, and property which are situated within the
Airport Combining District and (ii) the restrictions and conditions applicable
to such lots and property, including, but not limited to, those set forth in
Sections 202.13, 305.03 and 604 of the Village Zoning Law as currently provided
and as such restrictions and conditions may be amended from time to time:
Those lots, parcels or areas which are identified on this Final
Subdivision Plat as being situated, in part or in whole, within the Village of
Lansing Airport Combining District (as such District is set forth on the
Village of Lansing Zoning Map), shall be subject to the Village of Lansing
Zoning Law restrictions and conditions applicable thereto, including, but not
limited to, those restrictions and conditions expressly set forth in Sections
202.13, 305.03 and 604 of such Village Zoning Law as currently provided and as
such restrictions and conditions may be amended from time to time. Building permits for all such lots, parcels
or areas shall be issued only in accordance with such Village Zoning Law
restrictions and conditions, including the current requirement for a special
permit approved by the Village Planning Board.
A condition of such special permit is the Village Zoning Officer’s
obligation to inform in writing any applicant therefor of the noise and hazard
conditions which are possible in the flight path of the Ithaca Tompkins
Regional Airport.
[NOTE: THIS CONDITION WILL BE DEEMED
VOID AND OF NO FURTHER EFFECT IN THE EVENT THAT THE VILLAGE BOARD OF TRUSTEES
ADOPTS PROPOSED LOCAL LAW B (2005) PROVIDING FOR THE AMENDMENT OF THE VILLAGE
ZONING LAW AND ZONING MAP SO AS TO ELIMINATE THE AIRPORT COMBINING DISTRICT AND
ALL REQUIREMENTS RELATED THERETO. IN
SUCH EVENT, THIS CONDITION WILL BE DELETED.]
27. Recording in the
Tompkins County Clerk’s Office of a copy of all conditions of final subdivision
plat approval, which copy shall be (i) recorded concurrently with the filing of
the Final Subdivision Plat, and (ii) indexed to the deed(s) to the subdivided
property recorded in the Tompkins County Clerks Office. In addition thereto,
the following note shall be set forth on the Final Subdivision Plat:
See Conditions of Final Plat Approval recorded concurrently with the
filing of this Final Subdivision Plat in the Tompkins County Clerk’s Office.
Proof of the filing of the Final Subdivision Plat
and the recording of a copy of the conditions of final subdivision plat
approval shall be delivered to the Village Zoning Officer immediately following
such filing and recording.
The vote on the foregoing motion was as follows:
AYES: Ned
Hickey, Maria Stycos, Doris Brown and Carol Klepack
NAYS: none
The motion was declared to be carried.
Jonson thanked the Board for approval of the project.
Airport
Combining District:
Dubow stated the next item for the Board was to make a
recommendation to the Board of Trustees
about the letter from Edward Marx
regarding Proposed Local Law B(2005) eliminating the Airport Combining
District. Dubow stated the Board has
discussed this proposed local law at length over many meetings and he has
provided a proposed resolution for the Board’s consideration summarizing the
Board’s previous discussions particularly as regards the concerns expressed in
the County’s letter. Dubow stated the
Board of Trustees must have a vote of majority plus one to override the
County’s recommendation and must then respond to the County on why they are
over-riding the recommendation. Curtis
and Hickey will work on the response to the County.
The Board then considered the resolution to reaffirm their
recommendation to the Board of Trustees regarding the adoption of proposed
Local Law B. Motion made by
Klepack. Seconded by Brown.
WHEREAS:
A. The Village of Lansing Planning Board prior hereto (i) performed a thorough review of the Village’s Airport Combining District as provided for in the Village of Lansing Zoning Law, and the question of its continuing need; (ii) determined that the Airport Combining District and the requirements and conditions applicable thereto are no longer necessary, (iii) reviewed Proposed Local Law B (2005) providing for the amendment of the Village of Lansing Zoning Law and Zoning Map so as to eliminate the Airport Combining District and the requirements and conditions applicable thereto, and (iv) referred such Proposed Local Law B (2005) to the Village of Lansing Board of Trustees with a recommendation for its approval; and
B. On May 2, 2005, the Village of Lansing Board of Trustees (i) held a duly noticed public hearing regarding Proposed Local Law B (2005) as recommended by the Village Planning Board, at which hearing no members of the public spoke, (ii) thereafter discussed and reviewed Proposed Local Law B (2005), all other information and materials rightfully before the Board, and all issues raised in the course of the Board’s deliberations; and
C. On or about May 9, 2005, a letter dated May 6, 2005 was received by the Village Zoning and Code Enforcement Officer from the Tompkins County Department of Planning advising the Village of that Department’s comments, recommendations and findings following its review of Proposed Local Law B (2005) pursuant to Section 239 l and m of the New York General Municipal Law, which findings included a determination that the adoption of Proposed Local Law B (2005) may have negative inter-community or county-wide impacts; and
D. At its meeting on May 9, 2005, the Village of Lansing Planning Board reviewed the aforesaid May 6, 2005 letter from the Tompkins County Department of Planning and determined that the comments and recommendations set forth therein were fully considered and evaluated by the Board during its lengthy and thorough review of the Airport Combining District, which review resulted in (i) its prior determination that the Airport Combining District and the requirements and conditions applicable thereto are no longer necessary, and (ii) its recommendation to the Village of Lansing Board of Trustees that Proposed Local Law B (2005) providing for the amendment of the Village of Lansing Zoning Law and Zoning Map so as to eliminate the Airport Combining District and the requirements and conditions applicable thereto be adopted; and
E. The Village of Lansing Planning Board wishes to reaffirm its previous determination and recommendation to the Board of Trustees in favor of adoption of Proposed Local Law B (2005);
NOW, THEREFORE, BE
IT RESOLVED AS FOLLOW:
1. The Village of Lansing Planning Board hereby reaffirms its prior recommendation to the Board of Trustees in favor of adoption of Proposed Local Law B (2005) as such Local Law was previously drafted and presented; and;
2. Directs
that a copy of this resolution be delivered to the Board of Trustees.
A vote was taken. Ayes by Brown, Hickey, Klepack and Stycos. Motion carried.
Neighborhood
Connectivity:
Hickey
distributed an article on connectivity from the Planning Commissioners
Journal. Klepack stated she has also
read an article like this and feels the ideas are good. Hickey stated this article was well written
and provides alternatives to the use of an automobile.
Brown
stated cities are attempting to reduce the amount of time spent in
vehicles. Hickey would like to see
articles like this placed in a folder for new members.
Reports:
Board of Trustees: Brown stated this was the organizational meeting. Dubow stated the Board also adopted a proposed local law regarding sewer rents for sewer users not connected to the water system, and approved the proposed local laws regarding the Human Health Services District and the Airport Combining District.
Other Business
as Time Permits:
Klepack made a motion to go into Executive Session to discuss personnel and not reconvene into regular session. Seconded by Stycos. Ayes by Brown, Hickey, Klepack and Stycos. Motion carried.
Adjournment:
Klepack moved to adjourn at 9:00 P.M. Seconded by Stycos. Ayes by Brown, Hickey, Klepack and Stycos. Motion carried.