HomeMy WebLinkAboutResolution PB 18-11 RESOLUTION PB 18-11
TOWN OF LANSING PLANNING BOARD RESOLUTION
APPROVING HOWELL 2-LOT MINOR SUBDIVISION FINAL
PLAT,WITH CONDITIONS, AT 59 EMMONS ROAD
WHEREAS, an application was made by John C. Howell and Carol L. Howell for a two-lot
subdivision approval, thus creating one new residential building lot (as the other lot is
improved with the applicant's former home), at 59 Emmons Road, Lansing, New York, and
otherwise known as Tax Parcel #23.-1-6.32, consisting of a total of 89.08 ± acres, in the RA
(Rural Agriculture)Zone,and such proposed subdivision is shown on a"Survey Map showing
the lands of John C. Howell and Carol L. Howell, located at 59 Emmons Road, Town of
Lansing, Tompkins County, New York," dated July 11, 2018 by Sheive Land Surveying, and
consists of Parcel A of 19.01 acres and Parcel B of 70.07 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 additional building lot with
agricultural fields and each such proposed Lots (Parcels A and B) 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 August 13, 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 merely re-subdivides previously separate lots once approved as part of a major
subdivision,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)
there are special circumstances involved in this particular case, here including the fact that this
is a simple two-lot subdivision(effectively a re-subdivision) that produces conforming lots for
residential use in a residential neighborhood; (iv) 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 (v) 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 59 Emmons 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. Obtaining the necessary curb-cut/work permits from the appropriate State or local
Highway Department(s) for any driveways connecting with Emmons Road, as well as for any
culverts that are to be installed in conjunction with such driveways.
4. Submission of a plot plan for the newly approved lot when a building permit is sought,
showing a proposed layout and dimensions of any proposed buildings, driveways, and other
improvements, as well as a drainage plan with details sufficient to demonstrate that adequate
drainage facilities can be provided to protect structures from flooding,standing water,or other
potential drainage problems.
August 13, 2018
Motion by: Jerry Caward
Seconded by: Larry Sharpsteen
VOTE AS FOLLOWS:
Jerry Caward - Aye
Sandra Dennis Conlon-Aye
Al Fiorille - Aye
Larry Sharpsteen- Aye
Deborah Trumbull - Aye
Thomas Butler, Alternate-Aye
Thomas Ellis -Aye