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RESOLUTION PB 18-17
TOWN OF LANSING PLANNING BOARD RESOLUTION
APPROVING HOGUE TRUST 2-LOT MINOR SUBDIVISION
FINAL PLAT,WITH CONDITIONS, AT 47 LUDLOW ROAD
WHEREAS, an application was made by Allison Hogue, Trustee for the D.E. Hogue Trust for
a two-lot subdivision approval, thus creating one new lot (to be combined with the existing
adjacent tax parcel), at 47 Ludlow Road, Lansing, New York, and otherwise known as Tax
Parcel #15.1.-1-25.2, consisting of a total of 90.29 ± acres, in the RA (Rural Agriculture) Zone,
and such proposed subdivision is shown on a "Proposed Subdivision Plat - Lands of Hogue
Trust", located at 47 Ludlow Road, Town of Lansing, Tompkins County, New York," dated
September 27,2018 by Reagan Land Surveying,and consists of Parcel 1 of 25.0 acres and Parcel
2 of 65.29 acres; and
WHEREAS, the Planning Board has considered and carefully reviewed the requirements of
the Town's local laws relative to subdivisions and the unique needs of the Town due to the
topography, the soil types and distributions, and other natural and man-made features upon
and surrounding the area of the proposed subdivision, and the Planning Board has also
considered the Town's Comprehensive Plan and compliance therewith; and
WHEREAS, this proposed lot to be subdivided to create an addition lot with woods and
agricultural field and each such proposed Lots when merged as proposed meet the current
definitions and requirements for a minor subdivision in that the subdivision is only for 2 lots
and, there are no roads or infrastructure proposed to be developed, and the lots conform to
zoning requirements; and
WHEREAS, a negative declaration of environmental impacts was duly issued under the State
Environmental Quality Review Act (SEQRA) in respect of this action, and it is further noted
that this action is exempt from the General Municipal Law County Planning referral
requirements of General Municipal Law ("GML") §§239-1,239-m, and 239-n through an Inter-
Governmental Agreement between the Tompkins County Planning Department and the Town
of Lansing dated December 17, 2003, as "residential subdivisions of fewer than 5 lots all of
which comply with local zoning standards and Tompkins County Sanitary Code requirements,
and do not involve new local roads or streets directly accessing a State or county road" are
excluded from GML referral requirements; and
WHEREAS, on November 26, 2018, the Planning Board reviewed and considered the
aforementioned subdivision application in the Lansing Town Hall, 29 Auburn Road,Lansing,
New York 14882 and duly held a public hearing on the Minor subdivision application or its
SEQRA review, and all evidence and comments were considered, along and together with the
requirements of the Town's subdivision regulations,existing development in the surrounding
area,the public facilities and services available,the Town's Comprehensive Plan and the Land
Use Ordinance,site characteristics and issues, and any potential on and off site environmental
impacts;and
WHEREAS,upon due consideration and deliberation by the Town of Lansing Planning Board,
now therefore be it
RESOLVED, that pursuant to § 12 of Local Law #3 of 2016 (the Subdivision Local Law) the
Planning Board hereby grants a waiver to consider the survey as delivered as the equivalent
of a final plat,and finds that waiving the requirements of§6 and related platting requirements
of such local law is here warranted as: (i) granting these waivers would be keeping with the
intent and spirit of the subdivision law as it effects no adverse change in the land, and this
application will transfer 25 acres to an existing developed tax parcel #15.1-1-26.2, such that no
negative impact on the community is expected;(ii)there is no adverse effect upon the character,
appearance, or welfare of any neighborhood or the environment;; (iii) denying the waiver
would result in undue hardship in terms of imposing extra time and expense when no impact
to the land or this approval would be accomplished by strict compliance, and it is expressly
found that this hardship has not been self-imposed; and (iv) the waiver is the minimum
necessary degree of variation from the requirements of said subdivision local law to alleviate
the hardship and need for such waiver per said § 12 of such subdivision local law; and it is
further
RESOLVED, that the Town of Lansing Planning Board grants Final Plat Approval of the
Application for a two-lot subdivision of certain land located at 47 Ludlow Road,Lansing,New
York, and that the afore-described survey map shall suffice as a Final Plat when so amended
in accordance with the following conditions:
1. The Survey Map shall be re-labelled as a "Minor Subdivision Final Plat" and all other
plat requirements,for good cause as shown,shall be waived in connection with such final plat,
including the various requirements of Local Law #3 of 2016, § 6(B) in that the location and
prior history of the lot and the land development area in which such lot and parcels are situate
is in conformance with zoning and substantially similar to all other nearby lots.
2. The sealing and endorsement of such Minor Subdivision Final Plat by the Planning
Board Chair, thereafter presenting and obtaining the signing of the plat by Tompkins County
Assessment Department stamp followed by filing in the Tompkins County Clerk's Office,
followed by provision of proof of such filing within the time limit requirements with the Town
of Lansing Code Enforcement Office.
3. The merger through the Tompkins County Tax Assessment Office of the Proposed
Parcel 1 of 25.0 Acres to the same ownership of Tax Parcel 15.-1-26.2 into one larger tax
parcel,and upon the filing of such merger,which shall be accomplished within 30 days of the
date of sealing of the plat or at the time of the title and land transfer,whichever later occurs,
the lot so subdivided is and shall be taken subject to the requirement that the title to such
subdivided and neighboring lot legally merge and become one and only one parcel, and that
any re-subdivision is subject to review and approval by the Town of Lansing Planning Board
as a land division, subdivision, or other review in accord with Town subdivision rules and
codes, NYS subdivision laws, and the rules and regulations of the NYS and Tompkins
County Department of Health. This condition of merger shall be stated upon the face of the
final plat.
November 26, 2018
now therefore be it
Motion by: Deborah Trumbull
Seconded by: Lin Davidson
VOTE AS FOLLOWS:
Jerry Caward- Aye
N. Lin Davidson-Aye
Al Fiorille - Aye
Larry Sharpsteen- Aye
Deborah Trumbull - Aye
Dean Shea,Alternate -Aye
Thomas Ellis-Aye