HomeMy WebLinkAbout19-03 Zarate - Davis RoadRESOLUTION PB 19-03
TOWN OF LANSING PLANNING BOARD RESOLUTION
APPROVING ZARATE 2-LOT MINOR SUBDIVISION FINAL PLAT,
DAVIS ROAD, LANSING, NEW YORK
WHEREAS, an application was made by German Zarate for a two-lot subdivision approval,
thus creating two new undeveloped residential building lots, at Davis Road, Lansing, New
York, and otherwise known as Tax Parcel #16.-1-8.31, consisting of a total of 3.24± acres, in the
RA (Rural Agriculture) Zone; and
WHEREAS, the proposed subdivision, as shown on a “Proposed Subdivision – Lands of
German A. Zarate, Part of Military Lot 61 – Town of Lansing – County of Tompkins, State of
New York Tax Map No. 16.-1-8.31” by Owasco Land Survey dated December 21, 2018 consists
of proposed Lot 1 and Lot 2, each being 1.73 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 was previously subdivided in 2016 separating
the house at 426 Davis Road from this parcel, meets 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-l, 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 February 25, 2019, 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, 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 that produces conforming lots for residential use; (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 on Davis 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 future driveways connecting with Davis 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 lots 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.
February 25, 2019
Motion by: Deborah Trumbull
Seconded by: Al Fiorille
VOTE AS FOLLOWS:
Sandra Dennis Conlon - Aye
Lin Davidson - Aye
Al Fiorille – Aye
Dean Shea - Aye
Deborah Trumbull – Aye
Dale Baker, Alternate - Aye
Jerry Caward - Aye