The URL can be used to link to this page

Home My WebLink About19-05 Konowalow & Rosenkrantz - Algerine Road(VN arc- +� kse4_c k-r_ RESOLUTION PB 19-05 coaQ' 0q-C_tCjCL TOWN OF LANSING PLANNING BOARD RESOLUTION APPROVING KONOWALOW & ROSENKRANTZ 2 -LOT MINOR SUBDIVISION FINAL PLAT, ALGERINE ROAD, LANSING, NEW YORK WHEREAS, an application was made by Daniel Konowalow for a two -lot subdivision approval, thus creating two new undeveloped residential building lots, at Algerine Road, Lansing, New York, and otherwise known as Tax Parcel #15.4-39 and #12.4-22, consisting of a total of 64.016 ± acres, in the RA (Rural Agriculture) Zone; and WHEREAS, the proposed subdivision, as shown on a "Survey Map - Lands of Daniel D. Konowalow & Marcy E. Rosenkrantz located on Algerine Road, - Town of Lansing - County of Tompkins by T.G. Miller P.C. dated 1/30/201 consists of one lot that was separated by Algerine Road and assigned different tax parcel numbers recently into two separate lots of 13.097 acres and 50.919 acres. 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 Towns Comprehensive Plan and compliance therewith; and WHEREAS, this proposed lot to be subdivided was previously subdivided in 2018 separating the house at 199 Algerine Road from this parcel during an earlier exempt subdivision, 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") §§ 239-1,239-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 March 11, 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 Page 1 of 3 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 Algerine 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 ClerKs 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 Algerine 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 Page 2 of 3 drainage facilities can be provided to protect structures from flooding, standing water, or other potential drainage problems. March 11, 2019 Motion by: Deborah Trumbull Seconded by: Dean Shea VOTE AS FOLLOWS: Sandra Dennis Conlon - Aye Lin Davidson - Recused Larry Sharpsteen - Aye Dean Shea - Aye Deborah Trumbull - Aye Thomas Butler, Alternate - Aye Al Fiorille - Aye Received and filed in the Lansing Town Clerk's Office on March 15. 2019 (seal) x KK --L Debbie Munson 0*'-)N�:".1- Town Clerk Town of Lansing Tompkins County, New York Page 3 of 3