MINUTES of a meeting of the Board of Trustees of the
Present: Deputy Mayor
Deputy
Mayor
Trustee O’Neill moved to close the public comment
period. Trustee
Deputy Mayor
The next item on the agenda was to consider proposed Local Law D,
Amendment to
The Board completed the SEQR Short Form Part II, and determined that the
proposed action would not result in any significant adverse environmental
impacts. It then proceeded to consider
the following two resolutions.
Resolution #5268- SEQR REVIEW OF PROPOSED LOCAL LAW D
WHEREAS:
A. This matter involves consideration of the following proposed action: Adoption of Proposed Local Law D (2006), to be designated Local Law 4 (2006) upon its adoption, providing for an amendment to the Village of Lansing Code, specifically Section 145-60, subsection K, so as to (i) provide for certain modifications to the requirements governing the conditions applicable to the granting of a special permit for a telecommunications facility within the Village of Lansing, such modifications being intended to create greater flexibility and discretion in the Planning Board as to its determination in a case by case basis of the need and propriety of imposing certain of such conditions; and (ii) provide for minor corrections to the existing text; and
B. This proposed action is an Unlisted Action for which the Village of Lansing Board of Trustees is an involved agency for the purposes of environmental review; and
C. On August 21, 2006, the Village of Lansing Board of Trustees, 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 Board of Trustees, 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 Board of Trustees 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.
Trustee O’Neill moved this resolution. Trustee
Deputy Mayor
Resolution #5269- To Adopt Proposed
Local Law D as Local Law 4, 2006
WHEREAS:
A. This matter involves consideration
of the following proposed action: Adoption
of Proposed Local Law D (2006), to be designated Local Law 4 (2006) upon its
adoption, providing for an amendment to the Village of Lansing Code,
specifically Section 145-60, subsection K, so as to
(i) provide for certain modifications to the requirements governing the
conditions applicable to the granting of a special permit for a
telecommunications facility within the Village of Lansing, such modifications
being intended to create greater flexibility and discretion in the Planning
Board as to its determination in a case by case basis of the need and propriety
of imposing certain of such conditions; and (ii) provide for minor corrections
to the existing text; and
B. The
Village of Lansing Planning Board has (i) performed a thorough review of the
proposed action, (ii)
reviewed Proposed Local Law D (2006), and (iii) referred such Proposed
Local Law D (2006) to the Village of Lansing Board of Trustees with a recommendation for its
approval; and
C. On
July 17, 2006, the Village of Lansing Board of Trustees preliminarily reviewed Proposed Local Law D (2006),
discussed its purposes and intent, and thereupon scheduled a public hearing
thereon for August 7, 2006; and
D. On August 7, 2006, the Village of Lansing Board of Trustees held a
public hearing regarding this proposed action, and thereafter discussed and
reviewed (i) Proposed Local Law D (2006) as recommended by the Village Planning
Board, (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;
E. On August 21, 2006, the Village of Lansing Board of Trustees
determined that the proposed action is an Unlisted Action for which the Board
is an involved agency, and thereupon, 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”), the Board (i) thoroughly reviewed
the Short Environmental Assessment Form (the “Short EAF”), Part 1, 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), (iii) completed the Short EAF, Part 2;
and (iv) 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.
On August 21, 2006, the Village of Lansing
Board of Trustees completed its review of (i) Proposed Local Law D (2006) as
recommended by the Village Planning Board, (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
Trustee O’Neill moved this resolution. Trustee
Deputy Mayor
The following is a copy of Local Law 4, 2006:
AMENDMENT TO
Be
it enacted by the Board of Trustees of the
Section
It is the purpose and intent of this local law to amend subsection K (entitled “Telecommunications Facility”) of Section 145-60 (entitled “Additional conditions for certain Special Permit uses”) of Chapter 145 (entitled “Zoning”) of the Village of Lansing Code so as to (i) provide for certain modifications to the requirements governing the conditions applicable to the granting of a special permit for a telecommunications facility within the Village of Lansing, such modifications being intended to create greater flexibility and discretion in the Planning Board as to its determination in a case by case basis of the need and propriety of imposing certain of such conditions; and (ii) provide for minor corrections to the existing text.
Section
II. AMENDMENT TO THE
A. Chapter 145 (entitled “Zoning”), Section
145-60 (entitled “Additional conditions for certain Special Permit uses”),
subsection K (entitled “Telecommunications Facility”), subsection “(2)”
(entitled “General Criteria”), subparagraph “(f)” of
the Village of Lansing Code is hereby amended so as to read in its entirety as
follows:
(f) when
including the construction of a tower, such tower is designed to accommodate
future shared use by at least two (2) other telecommunication service providers
unless the Planning Board waives or modifies such
co-location requirements based upon its determination that enforcing such
requirements will necessitate a tower structure that will be contrary in
design, size and nature with other standards and requirements provided for in
this subsection K and would thereby be inconsistent with the overall intent and
purpose of these regulations. Any subsequent location of
telecommunication equipment by other service providers on existing towers
technically and structurally capable of accommodating a shared use shall
require the amendment of the Special Permit for such tower, in accordance with
the provisions hereof for initial issuance of such Special Permit; and
B. Chapter 145 (entitled “Zoning”), Section
145-60 (entitled “Additional conditions for certain Special Permit uses”),
subsection K (entitled “Telecommunications Facility”), subsection “(4)”
(entitled “Dimensional Standards”), subparagraph “(a)” of
the Village of Lansing Code is hereby amended so as to read in its entirety as
follows:
(a)
A fall zone
around any tower constructed as part of a telecommunications facility must have
a radius at least equal to one and one-half (1 ½) times the height of the tower
and any antenna(ae) attached upon its zenith.
The entire fall zone must not include public roads and must be located
on property either owned or leased by the applicant or for which the applicant
has obtained an easement, and may not, except as set forth below, contain any
structure other than those associated with the telecommunications
facility. If the tower or facility is
attached to an existing structure or is otherwise situated, designed and/or
constructed in a manner that negates the need for some or all of the required
fall zone area, relief from the requirements of this subsection (4) (a) may be
granted by the Planning Board on a case-by-case basis if it is determined by
such Board after submission of competent evidence, that modification of such
requirement will not endanger the life, health, welfare or property of any
person and will not unduly adversely affect residents of any surrounding area. In granting any such waiver, the Board may
impose conditions reasonably necessary to protect the public or other property
from potential injury.
C. Chapter 145 (entitled “Zoning”), Section
145-60 (entitled “Additional conditions for certain Special Permit uses”),
subsection K (entitled “Telecommunications Facility”), subsection “(4)”
(entitled “Dimensional Standards”), subparagraph “(c)” of
the Village of Lansing Code is hereby amended so as to read in its entirety as
follows:
(c) Any
telecommunications facility, and the lot on which it is located, shall comply
with the setback, frontage, minimum lot size, and yard standards of the
underlying zoning district in which the telecommunications facility is erected
and the fall zone requirements provided in subsection (4)(a) above (or as
otherwise modified by the Planning Board as permitted in subsection (4)(a)
above). To the extent there is a
conflict, the more restrictive provision shall govern.
D. Chapter 145 (entitled “Zoning”), Section
145-60 (entitled “Additional conditions for certain Special Permit uses”),
subsection K (entitled “Telecommunications Facility”), subsection “(6)”
(entitled “Appearance and Buffering”), subparagraph “(d)” of the Village of Lansing Code is hereby amended so as to
read in its entirety as follows:
(d) In
fulfilling the requirements of the State Environmental Quality Review Act
(“SEQRA”), the Planning Board may require a Full Environmental Assessment Form
(“EAF”) for the proposed telecommunications facilities. A Visual Environmental Assessment Form
(Visual EAF) may be required as an addendum thereto. The Planning Board may require submittal of a
more detailed visual analysis based on the results of the Visual EAF.
E. Chapter 145
(entitled “Zoning”), Section 145-60 (entitled “Additional conditions for
certain Special Permit uses”), subsection K (entitled
“Telecommunications Facility”), subsection “(11)” (entitled “Application”),
subparagraph “(b)” of the Village of Lansing Code is
hereby amended so as to read in its entirety as follows:
(b) Completed EAF and Visual EAF (if such Visual EAF is required by the
Planning Board).
F. Chapter 145 (entitled “Zoning”), Section 145-60 (entitled “Additional conditions for certain Special Permit uses”), subsection K (entitled “Telecommunications Facility”), subsection “(11)” (entitled “Application”), subparagraph “(c)[6]” of the Village of Lansing Code is hereby amended so as to read in its entirety as follows:
[6] Proof
of the landowner’s consent to the erection of the facility and agreement to
abide by the provisions of this subsection K if the applicant is not the
landowner
G. Chapter 145 (entitled “Zoning”), Section 145-60 (entitled
“Additional conditions for certain Special Permit uses”), subsection K (entitled
“Telecommunications Facility”), subsection “(11)” (entitled “Application”),
subparagraph “(d)” of the Village of Lansing Code is
hereby amended so as to read in its entirety as follows:
(d) Agreement that the applicant will negotiate in
good faith with any subsequent applicant seeking to co-locate a
telecommunications facility on the initial applicant’s facility unless such
agreement is not required because the co-location requirement has been waived
as permitted in subsection K(2)(f) above.
This agreement, if required, shall commit the initial applicant and
landowner and their respective successors in interest to:
H. Chapter 145 (entitled “Zoning”), Section 145-60 (entitled
“Additional conditions for certain Special Permit uses”), subsection K (entitled
“Telecommunications Facility”), subsection “(13)” (entitled “Miscellaneous”),
subparagraph “(a)” of the Village of Lansing Code is
hereby amended so as to read in its entirety as follows:
(a) Any
Special Permit granted hereunder shall be valid only for the dimensions and
number of structures for the telecommunications facility contained in the
original application as so approved. Any
subsequent amendments or additions shall require a new application for same
following the procedures set forth in this section.
Section III. SUPERCEDING EFFECT.
All local laws, resolutions, rules, regulations and other enactments of the Village of Lansing in conflict with the provisions of this local law are hereby superceded to the extent necessary to give this local law full force and effect.
Section IV. VALIDITY.
The invalidity of any provision of this local law shall not affect the validity of any other provision of this local law that can be given effect without such invalid provision.
Section V. EFFECTIVE
DATE.
This Local Law shall be effective upon (i) its filing
in the office of the Secretary of State and (ii) ten (10) days after
publication and posting as required by law; provided, however 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 Trustees.
The next item was to consider proposed local law E. John O’Neill asked if
the Board of Zoning Appeals had been notified and if they had any concerns. It
was confirmed that the BZA had in fact been notified and were ok with the law.
David Dubow gave a brief description of the law. The Board then completed the SEQR Short Form
Part II for this Proposed Local Law E. and determined that the proposed action
would not result in any significant adverse environmental impacts. It then proceeded to consider the following
two resolutions.
Resolution #5270-SEQR REVIEW OF PROPOSED LOCAL LAW E
WHEREAS:
A. This matter involves consideration of the following proposed action: Adoption of Proposed Local Law E (2006), to be designated Local Law 5 (2006) upon its adoption, providing for (a) an amendment to Section 145-3 (entitled “Terms defined”) of Chapter 145 (entitled “Zoning”) of the Village of Lansing Code so as to revise the meaning of the term “Buffer Strip” to include references to the Human Health Services District; and (b) an amendment to Section 145-24 (entitled “Buffer strips”) of Chapter 145 (entitled “Zoning”) of the Village of Lansing Code so as to provide for certain modifications to the requirements and criteria governing buffer strips and the approval thereof by the Village of Lansing Planning Board, such modifications being intended to (i) extend the availability of the use of a variable width buffer strip to the Research District and Human Health Services District in addition to the Commercial Low Traffic District, (ii) clarify certain terms and provisions governing the review and approval process by the Planning Board and eliminate redundancies related thereto, (iii) create greater flexibility and discretion in the Planning Board with respect to its determinations in a case by case basis, including the consideration and granting of waivers of and modifications to the requirements and criteria otherwise applicable, and (iv) provide for minor corrections to the existing text; and
B. This proposed action is an Unlisted Action for which the Village of Lansing Board of Trustees is an involved agency for the purposes of environmental review; and
C. On August 21, 2006, the Village of Lansing Board of Trustees, 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 Board of Trustees, 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 Board of Trustees 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.
Trustee O’Neill moved this resolution. Trustee Moore seconded the motion.
A vote was taken:
Deputy Mayor
Resolution #5271- Adoption of Proposed Local Law E as Local Law 5 (2006)
WHEREAS:
A. This matter involves consideration
of the following proposed action: Adoption
of Proposed Local Law E (2006), to be designated Local Law 5 (2006) upon its
adoption, providing for (a) an amendment to Section 145-3 (entitled “Terms
defined”) of Chapter 145 (entitled “Zoning”) of the
Village of Lansing Code so as to revise the meaning
of the term “Buffer Strip” to include references to the Human Health Services
District; and (b) an amendment to Section 145-24 (entitled “Buffer
strips”) of Chapter 145 (entitled “Zoning”) of the
Village of Lansing Code so as to provide for certain
modifications to the requirements and criteria governing buffer strips and the
approval thereof by the Village of Lansing Planning Board, such modifications
being intended to (i) extend the availability of the use of a variable width
buffer strip to the Research District and Human Health Services District in
addition to the Commercial Low Traffic District, (ii) clarify certain terms and
provisions governing the review and approval process by the Planning Board and
eliminate redundancies related thereto, (iii) create greater flexibility and
discretion in the Planning Board with respect to its determinations in a case
by case basis, including the consideration and granting of waivers of and
modifications to the requirements and criteria otherwise applicable, and (iv)
provide for minor corrections to the existing text; and
B. The Village of Lansing Planning
Board has (i) performed a thorough review of the proposed action, (ii) reviewed Proposed Local Law E
(2006), and (iii) referred such Proposed Local Law E (2006) to the
Village of Lansing Board of Trustees with
a recommendation for its approval; and
C. On
July 17, 2006, the Village of Lansing Board of Trustees preliminarily reviewed Proposed Local Law E (2006),
discussed its purposes and intent, and thereupon scheduled a public hearing
thereon for August 7, 2006; and
D. On August 7, 2006, the Village of Lansing
Board of Trustees held a public hearing regarding this proposed action, and
thereafter discussed and reviewed (i) Proposed Local Law ED (2006) as
recommended by the Village Planning Board, (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;
E. On August 21, 2006, the Village of Lansing Board of Trustees determined that the proposed action is an Unlisted Action for which the Board is an involved agency, and thereupon, 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”), the Board (i) thoroughly reviewed the Short Environmental Assessment Form (the “Short EAF”), Part 1, 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), (iii) completed the Short EAF, Part 2; and (iv) 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. On August 21, 2006, the Village of Lansing Board of Trustees completed its review of (i) Proposed Local Law E (2006) as recommended by the Village Planning Board, (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 Board of Trustees hereby adopts Proposed
Local Law E (2006), to be designated Local Law 5 (2006).
Trustee Leopold moved this resolution. Trustee Moore seconded the motion.
A vote was taken:
Deputy Mayor
The following is a copy of Local Law 5, 2006:
AMENDMENT TO VILLAGE OF LANSING CODE - ZONING LAW BUFFER STRIP REQUIREMENTS
Be it enacted by the Board of Trustees of the Village of Lansing as follows:
Section I. Purpose & Intent.
It is the purpose and intent of this local law to:
(a) amend Section 145-3 (entitled “Terms defined”) of Chapter 145 (entitled “Zoning”) of the Village of Lansing Code so as to revise the meaning of the term “Buffer Strip” to include references to the Human Health Services District; and
(b) amend Section 145-24 (entitled “Buffer strips”) of Chapter 145 (entitled “Zoning”) of the Village of Lansing Code so as to provide for certain modifications to the requirements and criteria governing buffer strips and the approval thereof by the Village of Lansing Planning Board, such modifications being intended to (i) extend the availability of the use of a variable width buffer strip to the Research District and Human Health Services District in addition to the Commercial Low Traffic District, (ii) clarify certain terms and provisions governing the review and approval process by the Planning Board and eliminate redundancies related thereto, (iii) create greater flexibility and discretion in the Planning Board with respect to its determinations in a case by case basis, including the consideration and granting of waivers of and modifications to the requirements and criteria otherwise applicable, and (iv) provide for minor corrections to the existing text.
Section
II. AMENDMENT TO THE VILLAGE OF LANSING CODE.
A. Chapter 145 (entitled “Zoning”), Section
145-3 (entitled “Terms defined”) of the Village of Lansing Code is hereby
amended so as to read in its entirety as follows:
Buffer strip – Land within a Commercial,
Research, Business and Technology or Human Health Services District designated
as a transition area where such district is contiguous with a Residential
District. The purpose of the buffer strip is to screen a Residential District
from any objectionable noise and visual impacts on the adjoining Commercial,
Research, Business and Technology or Human Health Services District.
B. Chapter 145 (entitled “Zoning”), Section
145-24 (entitled “Buffer strips”) of the
Village of Lansing Code is hereby amended so as to read in its entirety as
follows:
§ 145-24. Buffer strips.
A. Where a Residential District abuts either a
Commercial, Research, Business and Technology or Human Health Services
District, a buffer strip will be established contiguous to the district
boundary and wholly within the Commercial, Research, Business and Technology or
Human Health Services District as hereafter provided.
B. Where a Residential District abuts a
Commercial Low Traffic, Research or Human Health Services District, the buffer
strip shall be seventy-five (75) feet wide, except that a variable width buffer
strip may be employed as provided in Subsections E, F and G of this section.
C. Where a Residential District abuts a
Commercial High Traffic or Business and Technology District, the buffer strip
shall be one hundred fifty (150) feet wide.
D. In
any event that a proposed development would be required to satisfy the
requirements of this § 145-24, then the developer of the subject nonresidential
site must obtain the Planning Board's approval of the landscape plan, including
a description of the configuration and content of the buffer strip, for the
nonresidential development, prior to obtaining a building permit for all or any
part of the development. Any development or improvements, including parking
facilities, shall be expressly prohibited in the buffer strip except where such
development or improvements are for landscaping, walkways, bikeways,
underground utilities, drainage facilities or establishing vegetative growth on
the property. The buffer strip shall be designed, planted, graded or developed
with the general guideline that the closer a nonresidential use or activity is
to a property line or the more intense the use, the more effective the buffer
must be in obscuring light and visibility and reducing noise beyond the
nonresidential lot. The location of the plantings in the buffer strip should
optimize the screening capability of the plantings by utilizing the topography
of the site, and should take into consideration the views from and into
neighboring Residential Districts. Within the buffer strip, the developer of
the nonresidential site shall, at the developer’s expense, install a screen of
plantings designed, at a minimum, to obscure year round the visibility from the
Residential District of the development on the nonresidential site. The
determination of whether the screening of the development on the nonresidential
site is sufficient shall be based upon the view at eye-level from the setback
line or lines of the residential properties paralleling the boundary or
boundaries between the properties involved.
The developer shall complete the buffer strip in accordance with the
landscape plan approved by the Planning Board, and the buffer strip shall
satisfy the following criteria:
(1) The
developer shall install within the buffer strip evergreens equal in number to
one (1) for every six (6) feet of boundary between the subject nonresidential
site and any adjacent Residential District(s). These evergreens shall be
Eastern White Spruce, Douglas Fir or an equivalent, approved by the Planning
Board as part of the Planning Board's approval of the landscape plan for the
site, and shall be at least six (6) feet in height at the time of planting.
Where possible, the evergreen trees are to be either staggered or planted in
naturalistic groupings, thereby providing the maximum obtainable screening.
(2) In addition to the requirements for evergreens
stated in Subsection D(1) above, the developer shall install within the buffer
strip deciduous trees and shrubs equal in number to fifty percent (50%) of the
number of evergreens required. At least one-half (1/2) of these deciduous
plants shall be two-inch-caliper to three-inch-caliper trees. All shrub
plantings shall be two (2) to three (3) feet tall container-grown, or three (3)
to four (4) feet tall bare root deciduous shrubs.
(3) Existing trees may be used to fulfill the
requirements of Subsections D(1) and (2) above if and only if their size, type
and location are approved by the Planning Board as part of its approval of the
landscape plan for the site. Where there exists natural screening within the
buffer strip, the natural screening should be preserved and used to the
greatest extent feasible. Existing vegetation that is approved to fulfill these
requirements must be protected with a snow fence or similar structures during
construction of the nonresidential development as directed by the Village Code
Enforcement Officer.
(4) At its sole discretion, the Planning Board may
permit plantings to be placed outside of the buffer strip to be counted toward
fulfillment of the requirements of Subsections D(1) and (2) above, and may
reduce the required number of six-foot-tall or two-inch-caliper to
three-inch-caliper trees in consideration for the substitution of larger trees
or decorative fencing where to do so will increase the screening capability of
the landscaping.
(5) The design of the buffer strip and the
plantings to be installed therein shall be practical to maintain in a sightly
condition; plant species shall be chosen for their suitability to the site and
climate, as well as their resistance to deer and other animals, so that they
can be maintained in a healthy condition.
(6) The Planning Board shall have the authority to
approve, a landscape plan that includes reasonable variations from the
requirements of Subsections D(1) through (5) above, provided that the developer
has demonstrated to the satisfaction of the Planning Board that such variations
shall produce screening that is no less effective than would be produced if
these requirements were satisfied without such variations. In the event that the Planning Board so
approves such a plan, then the requirements of such approved plan shall supersede
and shall be imposed in lieu of any requirements of Subsections D(1) through
(5) above that vary from such plan.
(7) The landscape plan, and the buffer strip
forming an element thereof, shall satisfy or conform to each of the general
conditions for issuance of a Special Permit, as set forth in § 145-59E of this
chapter, to the extent that such general conditions are applicable to a
landscape plan or buffer strip.
E. Purpose of variable width buffer strip. To
introduce additional flexibility in the siting of permitted land uses in the Commercial
Low Traffic, Research and Human Health Services Districts without changing or
increasing the intensity of land use activities that would otherwise be
permitted in the such Districts, and to encourage innovative site plans that
will provide an attractive environment, a variable width buffer strip may be
employed between such Districts and the abutting Residential District subject
to the provisions of Subsections F and G of this section. If a variable width
buffer strip is applied for, the buffer strip provisions of Subsection B above,
as they would otherwise apply to the Commercial Low Traffic, Research or Human
Health Services Districts, are hereby replaced by the approval process and
requirements provided for in Subsections F and G below; however, in no case may
the buffer strip width be reduced to less than twenty-five (25) feet.
F. Procedure for variable width buffer strip.
(1) The applicant seeking approval of a variable
width buffer strip must submit and file at least two (2) site plans to the Village
Clerk at least twelve (12) days prior to the regular monthly business meeting
of the Planning Board. One (1) site plan shall be prepared with the standard
buffer strip required in Subsection B; one (1) or more site plans shall be
prepared with the variable width buffer strip plans for which the applicant
seeks approval. The site plans for both the standard buffer strip and the
proposed variable width buffer strip(s) must include:
(a)
The total area of enclosed floor space for all existing improvements and/or
improvements to be constructed.
(b)
The total existing and/or proposed parking and loading areas and total number
of existing and/or proposed parking spaces.
(c)
The total existing and/or proposed lot area in impervious surface.
(2) The
Planning Board must conduct a public meeting and publish and post notice
thereof in accordance with the provisions of § 145-59D(3) governing Special
Permit approval. In addition thereto, the applicant seeking approval of a
variable width buffer strip shall send by mail to all owners of Village
property contiguous to the boundaries of the property for which variable width
buffer strip approval is being sought written notice of the public meeting of
the Planning Board at which such application is to be heard. Such notice shall
state the nature of the application for such variable width buffer strip
approval, the time and place of the public meeting and such additional
information as shall be required by the Village Zoning Officer. Such notice
shall be mailed no less than five (5) days prior to the scheduled public
meeting. Proof of such mailing shall be filed with the Planning Board prior to
or at the time of the scheduled public meeting.
(3) In making its review and rendering its decision
as to whether such variable width buffer strip shall be approved, the Planning
Board must make findings as to the criteria and requirements set forth in
Subsection G below. If a site plan
including the requested variable width buffer strip is approved by the Planning
Board, the Zoning Officer shall be authorized to issue any permits to which the
applicant is entitled when all other applicable requirements have been
completed. If the site plan including the requested variable width buffer strip
is not approved by the Planning Board and its approval is therefore limited to
only the site plan with the standard buffer strip, the Zoning Officer shall
likewise be authorized to issue any permits to which the applicant is entitled
when all other applicable requirements have been completed.
G. Variable
width buffer strip criteria and requirements. Except as otherwise provided in
Subsection J below, approval of a variable width buffer strip shall not be
granted by the Planning Board unless the approved site plan with the requested
variable width buffer strip meets the following requirements and criteria. The
Planning Board may employ professional assistance in evaluating the compliance
of the proposed variable width buffer strip plan with these criteria and
requirements.
(1) The variable width buffer
strip must be judged as equally effective and sufficient in screening the
residential side of the buffer strip from noise, glare, visual obtrusiveness
and any other undesirable externality of the proposed development in the
Commercial Low Traffic District, Research District or Human Health Services
District as would result from the standard buffer strip imposed by the
requirements in Subsections B and D above.
(2) The site plan(s) with the requested variable
width buffer strip must show that the total area of enclosed floor space, total
parking and loading area and number of parking spaces and total lot area in
impervious surface in each instance do not exceed those of the submitted site
plan with the standard buffer strip.
(3) The site plan presented with the standard buffer
strip must be judged approvable in all respects, including the density of
landscaping, suitability of plantings and/or fences and location of all other
improvements included in the proposed development in the Commercial Low Traffic
District, Research District or Human Health Services District involved.
(4) The variable width buffer strip shall have a
minimum width of twenty-five (25) feet and need not have a greater width than
seventy-five (75) feet and need not be the same width along its entire length.
(5) Any and all requirements of Subsection D above
have been complied with.
(6) Any and all other conditions and/or
requirements for any Special Permit required for the proposed development in
the Commercial Low Traffic District, Research District or Human Health Services
District have been complied with.
H. Phased installation. The Village Planning
Board may permit the plantings in the buffer strip to be installed in phases,
over a stated time period, as part of the Planning Board's approval of the
landscape plan for the site. If phased installation is permitted, the developer
shall be entitled to receive and hold only a temporary certificate of occupancy
for the development and therefore shall be required to fulfill the requirements
of § 145-57G(3) of this chapter, including, but not limited to, the delivery of
a performance guarantee and financial security acceptable to the required
Village representatives.
I. Maintenance of buffer strip. The owner of
the nonresidential site(s) upon which all or any part of the buffer strip(s) is
(are) located shall be obligated, at the owner's expense, to maintain and/or
replace all plantings installed in the buffer strip as required in accordance
with the terms of this § 145-24 in perpetuity. In any event that the owner
fails to properly maintain and/or replace such plantings, the Village Code
Enforcement Officer may take such action to enforce the terms of this
Subsection I as is authorized by applicable law, including but not limited to
such action as is authorized in accordance with Article VIII of this chapter.
J. Waivers and Modifications. Notwithstanding any terms or provisions to the contrary set forth above, upon finding that the developer of a particular project has properly demonstrated that special circumstances of such project warrant certain waivers of and/or modifications to the requirements and criteria otherwise applicable under this Section 145-24 and that such waivers and/or modifications will not undermine the purpose and intent of such requirements and criteria, the Planning Board, consistent with its overall discretion and authority to approve buffer strip landscaping plans and variable width buffer strips as provided above, shall have the further authority in its sole discretion to waive and/or modify such requirements and criteria (with appropriate conditions if deemed necessary) in making its final determinations; provided, however, that under no circumstances shall the Planning Board have the authority to approve a buffer strip or variable width buffer strip with a width less than that required under Subsections B, C and E above. The Planning Board may employ professional assistance in evaluating the appropriateness of any such waivers of and/or modifications to such criteria and requirements.
Section III. SUPERCEDING EFFECT.
All local laws, resolutions, rules, regulations and other
enactments of the Village of Lansing in conflict with the provisions of this
local law are hereby superceded to the extent necessary to give this local law
full force and effect.
Section IV. VALIDITY.
The invalidity of any provision of this local law shall not affect the validity of any other provision of this local law that can be given effect without such invalid provision.
Section V. EFFECTIVE
DATE.
This Local Law shall be effective upon (i) its filing
in the office of the Secretary of State and (ii) ten (10) days after
publication and posting as required by law; provided, however 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 Trustees.
Larry stated that on September 6th there is a meeting with
Sevanna Park to take a look at the entrance wall that will be going in as part
of the N. Triphammer Rd. project. Kathryn Wolfe will get pictures of similar
walls to show at the presentation. The 8-foot wall looks large from their
perspective. Larry stated that they will also paint the ground to show where
the wall will be. This blue stone wall has been in the plans all along.
Jodi stated that after reviewing the minutes from last Thursday’s meeting
she wanted to help answer a couple of questions that came up. John had
suggested that we compare pricing between Mobil and Andree Petroleum. Jodi
stated that Mobil does not sell diesel and the Andree Petroleum bill represents
a mix that is delivered to our tanks here to be used in our backhoe and skidster.
Another issue was the Stormwater Coalition resolution. Jodi had called Kathy
Wilsea to find out what this was about but was unable to speak with her. Lynn
stated that it is a proposed inter-municipal agreement that has been revised by
the Town of Ithaca. Jodi will try to get a final copy from Kathy to send to the
Board to review. Dubow stated that this started out as somewhat of an informal
agreement, which when it came to the Village, had been already subject to two
separate reviews and revisions by the Towns of Dryden and Ithaca. It was concluded at that time that the
Village did not want Dubow to spend additional time on a further review. Lynn
stated that the Town of Ithaca has agreed to be the repository for the annual
fees to be paid by the municipalities that are parties to the Agreement. It was explained that the group to be
organized has already been awarded State funding. Lynn thought that we had previously passed a
resolution that authorized the Mayor to sign this Agreement, but Dubow indicated
that he believed the previous resolution only endorsed the idea of a coalition
and authorized the Village to join the proposed group, but did not specifically
authorize the execution of the Agreement since it had not yet been finalized. It was agreed that Jodi would contact Kathy
Wilsea and request a final Agreement for the Board’s consideration. Lynn
informed the Board that the coalition would be starting to work on the by-laws
in September. She indicated that the
present terms of the Agreement provide that once the municipalities involved
complete the process of formally adopting local rules and regulations, the
organization’s existence will end unless the parties agree otherwise.
Jodi also informed the Board that John Bailey returned her call regarding
the insurance coverage on the equipment next door that the Village believed was
insured by the Southern Cayuga Lake Intermunicipal Water Commission. He was
under the assumption that we were getting the information, not him. He has
called Selective Insurance but hasn’t heard back from them. Jodi called Paul at
Bolton Point and confirmed that they do have insurance coverage on the
equipment next door.
John O’Neill asked if we are still on track with respect to the timetable
for final paving on the North Triphammer Road Project. Larry indicated that as
far as we know there have been no changes. O’Neill also asked if there were
still bike lanes planned. Larry confirmed that they are still planned. Lastly,
O’Neill asked if we have a vendor’s law regarding door to do vendors. Dubow
indicated that he didn’t think that we did. The Board discussed soliciting.
Frank suggested unless we have significant public objection or concern, we
should not do anything.
Motion- To Adjourn
Trustee O’Neill moved for adjournment. Trustee
Leopold seconded the motion. A vote was taken:
Deputy Mayor
The meeting adjourned at 8:30PM.
Jodi
Dake
Clerk/Treasurer