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Home My WebLink About04-08-19 APPROVED PLANNING BOARD MINUTES APPROVED 1 Town of Lansing 2 PLANNING BOARD MEETING 3 Monday, April 8, 2019 6:30 PM 4 5 Present Absent 6 Jerry Caward, Chair Sandra Dennis Conlon 7 Norman (Lin) Davidson (left after 7pm) Deborah Trumbull 8 Al Fiorille, Vice-Chair 9 Larry Sharpsteen 10 Dean Shea 11 Thomas Butler, Alternate 12 Dale Baker, Second Alternate 13 14 Other Staff 15 CJ Randall, Planning Director Lynn Day, Zoning Officer Sue Munson 16 Doug Dake, Town Board Liaison Edward LaVigne, Town Supervisor 17 18 Public Present (17) that signed in 19 Dan Veaner Marlo Weaver Allison Trdan Dan Pierce 20 Dan Yanosh Amy Christopher Kurt Martin Joe Fiori 21 Kathleen Joy Maureen Morgan Scott Barron Bill Kerr 22 Cathy Barron Eric VanEvery Patricia VanEvery Richard VanEvery 23 Maura Kennedy-Smith 24 25 Chair Jerry Caward opened the meeting at 6:30 p.m. 26 Chair Jerry Caward enacted Tom Butler and Dale Baker as voting members due to absent 27 board members. 28 29 Motion to approve the planning board minutes for March 25,2019 meeting 30 Motion by: Larry Sharpsteen Seconded by: Lin Davidson (Motion Carried) 31 32 Privilege of the Floor other than what is on the Agenda 33 No Comments 34 35 Public Hearing- Two Lot Minor Subdivision. Michael &Rochelle Baughman are 36 requesting to subdivide 2.194 acres with the house from the 77.052 acre parcel at 162 E. 37 Lansing Road,Tax Parcel #20.-1-24.221 38 39 Notice of Baughman's Public Hearing was published in the Ithaca Journal on March 30, 2019 40 as required. Mailed 600' parcel letters on April 2, 2019. 41 42 Motion to Open the Public Hearing for Baughman 2 Lot Miner Subdivision at 6:32 p.m. 43 Motion by: Lin Davidson Seconded by: Larry Sharpsteen (Motion Carried) Page 1 of 29 APPROVED 44 Nancy Woodard as an agent for Baughman approached the Board to discuss. 45 - The portion being subdivided is along East Lansing Road 46 - The subdivision leaves 181' of road frontage on the remaining parcel 47 - The new parcel complies with the Setback Requirements 48 49 Floor open for Public Comments on this proposed action 50 No Public Comments 51 52 Motion to Close the Public Hearing for Baughman at 7:40 p.m. 53 Motion by: Lin Davidson Seconded by: Larry Sharpsteen (Motion Carried) 54 55 SEAF Part 1 reviewed by the board . 56 - Page 1 #3 total acreage to be physically disturbed should be "zero" 57 - Page 1 #5 rural (Non-Agricultural) includes "residential" 58 - Page 2 #9 should be "No" 59 - Page 3 #14 should be "Agricultural/grasslands" 60 - Page 3 #16 should be "No" 61 SEAF Part 2 &3 reviewed by the board with a result of a Negative Declaration. 62 63 RESOLUTION PB 19-08 64 65 TOWN OF LANSING PLANNING BOARD RESOLUTION OF STATE 66 ENVIRONMENTAL QUALITY REVIEW (SEQR) NEGATIVE DECLARATION 67 FOR THE PROPOSED TWO-LOT MINOR SUBDIVISION - 68 162 EAST LANSING ROAD, LANSING, NEW YORK 69 70 WHEREAS, an application was made by Michael W. Baughman and Rochelle J. Baughman for 71 a two-lot subdivision approval at No. 162 East Lansing Road, Lansing, New York, and 72 otherwise known as Tax Parcel #20.4-24.221, consisting of a total of 77.335 acres in the RA 73 (Rural Agriculture) Zone; and 74 75 WHEREAS, the proposed subdivision, as shown on a "Survey Map - No. 162 East Lansing 76 Road - Town of Lansing, Tompkins County, New York by T.G. Miller P.C. dated 10/30/2018 77 consists of Parcel A, measuring 2.194 acres and Parcel B, measuring 75.141 acres; and 78 79 WHEREAS, this proposed action is an Unlisted Action for which the Town of Lansing 80 Planning Board is an involved agency for the purposes of environmental review, and a public 81 hearing was duly noticed and held upon April 8,2019 to consider such minor subdivision and 82 the potential environmental impacts thereof, and the public was free to provide opinions and 83 evidence in respect of such matters and such matters were duly considered; and 84 85 WHEREAS, the Town of Lansing Planning Board, in performing its independent and 86 uncoordinated environmental review in accordance with Article 8 of the New York State 87 Environmental Conservation Law - the State Environmental Quality Review Act ("SEQRA"), 88 (i) pursued its thorough review of the applicant's completed Environmental Assessment Form 89 Part 1,and any and all other documents prepared and submitted with respect to this proposed Page 2 of 29 APPROVED 90 action and its environmental review, and (ii) thoroughly analyzed the potential relevant areas 91 of environmental concern of the project to determine if the proposed action may have a 92 significant adverse impact on the environment, including the criteria identified in 6 NYCRR 93 Section 617.7(c), and (iii) reviewed and completed the EAF, Part II on the record; and 94 95 WHEREAS,each of the identified impacts were analyzed and duly considered by the Planning 96 Board, as Lead Agency, in relation to the question of whether such impacts were so probable 97 of occurring or so significant as to require a positive declaration of environmental impacts,and 98 after weighing the potential impacts arising from or in connection with this site plan approval, 99 and after also considering: (i) the probability of each potential impact occurring, including 100 weighing the highly speculative nature of some potential future contingencies and the 101 potential non-highly speculative nature of others; (ii)the duration of each potential impact; (iii) 102 the irreversibility of each potential impact, including a consideration of permanently lost 103 resources of value; (iv)whether each potential impact can or will be controlled or mitigated by 104 permitting, reviews, or other regulatory processes; (v) the regional consequence of the 105 potential impacts; (vi) the potential for each impact to be or become inconsistent with the 106 Towns Master Plan or Comprehensive Plan and local needs and goals; and (vii) whether any 107 known objections to the Project relate to any of the identified potential impacts; the Planning 108 Board found that these factors did not cause any potential negative environmental or related 109 social or resource impact to be or be likely to become a moderate or significant negative impact; 110 and III NOW,THEREFORE, BE IT RESOLVED AS FOLLOWS: 112 113 RESOLVED, that the Planning Board of the Town of Lansing be and hereby is again declared 114 as Lead Agency for an uncoordinated SEQRA review; and it is 115 116 FURTHER RESOLVED,that the Town of Lansing Planning Board,based upon(i) its thorough 117 review of the EAF, Part 1, and any and all other documents prepared and submitted with 118 respect to this proposed action and its environmental review, (ii) its thorough review of the 119 potential relevant areas of environmental concern of the proposed project to determine if the 120 proposed action may have a significant adverse impact on the environment, including the 121 criteria identified in 6 NYCRR Section 617.7(c), and (iii) its completion of the EAF, Part 2 and 122 its determination at Part 3, including any findings noted therein (which findings are 123 incorporated herein as if set forth at length), hereby makes a negative determination of 124 environmental significance ("NEGATIVE DECLARATION") in accordance with SEQRA for 125 the above referenced proposed action, and determines that an Environmental Impact 126 Statement will not be required; and it is further 127 128 FURTHER RESOLVED that a responsible Officer of the Town of Lansing is hereby authorized 129 and directed to complete and sign, as required, the determination of significance, confirming 130 the foregoing Negative Declaration, which the fully completed and signed EAF and 131 determination of significance shall be incorporated by reference in these resolutions. 132 133 Dated: April 8, 2019 134 135 Motion by: Dean Shea Page 3 of 29 APPROVED 136 Seconded by: Larry Sharpsteen 137 138 VOTE AS FOLLOWS: 139 Lin Davidson -Aye 140 Al Fiorille—Aye 141 Larry Sharpsteen—Aye 142 Dean Shea -Aye 143 Thomas Butler,Alternate—Aye 144 Dale Baker,Alternate-Aye 145 Jerry Caward, Chair-Aye 146 147 148 Received and filed in the Lansing Town Clerk's Office 149 150 RESOLUTION PB 19-09 151 152 TOWN OF LANSING PLANNING BOARD RESOLUTION 153 APPROVING TWO-LOT MINOR SUBDIVISION FINAL PLAT, 154 162 EAST LANSING ROAD,LANSING,NEW YORK 155 156 WHEREAS, an application was made by Michael W. Baughman and Rochelle J. Baughman for a two- 157 lot subdivision approval at No. 162 East Lansing Road, Lansing, New York, and otherwise known as 158 Tax Parcel#20.-1-24.221, consisting of a total of 77.335 acres in the RA (Rural Agriculture) Zone; and 159 160 WHEREAS, the proposed subdivision, as shown on a "Survey Map — No. 162 East Lansing Road — 161 Town of Lansing,Tompkins County,New York by T.G. Miller P.C. dated 10/30/2018 consists of Parcel 162 A, measuring 2.194 acres and Parcel B, measuring 75.141 acres; and 163 164 WHEREAS,the Planning Board has considered and carefully reviewed the requirements of the Town's 165 local laws relative to subdivisions and the unique needs of the Town due to the topography,the soil types 166 and distributions, and other natural and man-made features upon and surrounding the area of the 167 proposed subdivision, and the Planning Board has also considered the Town's Comprehensive Plan and 168 compliance therewith; and 169 170 WHEREAS, a negative declaration of environmental impacts was duly issued under the State 171 Environmental Quality Review Act(SEQRA) in respect of this action on April 8, 2019, and it is 172 further noted that this action is exempt from the General Municipal Law County Planning referral 173 requirements of General Municipal Law ("GML") §§ 239-1, 239-m, and 239-n through an Inter- 174 Governmental Agreement between the Tompkins County Planning Department and the Town of 175 Lansing dated December 17, 2003, as "residential subdivisions of fewer than 5 lots all of which 176 comply with local zoning standards and Tompkins County Sanitary Code requirements, and do not 177 involve new local roads or streets directly accessing a State or county road" are excluded from GML 178 referral requirements; and 179 180 WHEREAS, on April 8, 2019, the Planning Board reviewed and considered the aforementioned 181 subdivision application in the Lansing Town Hall, 29 Auburn Road, Lansing,New York 14882 and 182 duly held a public hearing on the Minor subdivision application or its SEQRA review, and all evidence 183 and comments were considered, along and together with the requirements of the Town's subdivision 184 regulations, existing development in the surrounding area, the public facilities and services available, Page 4 of 29 APPROVED 185 the Town's Comprehensive Plan and the Land Use Ordinance, site characteristics and issues, and any 186 potential on and off site environmental impacts; and 187 188 WHEREAS, upon due consideration and deliberation by the Town of Lansing Planning Board, now 189 therefore be it 190 191 RESOLVED,that pursuant to § 12 of Local Law#3 of 2016 (the Subdivision Local Law)the Planning 192 Board hereby grants a waiver to consider the survey as delivered as the equivalent of a final plat, and 193 finds that waiving the requirements of § 6 and related platting requirements of such local law is here 194 warranted as: (i) granting these waivers would be keeping with the intent and spirit of the subdivision 195 law as it effects no adverse change in the land, such that no negative impact on the community is 196 expected; (ii) there is no adverse effect upon the character, appearance, or welfare of any neighborhood 197 or the environment; (iii) there are special circumstances involved in this particular case, here including 198 the fact that this is a simple two-lot subdivision that produces conforming lots for residential use; (iv) 199 denying the waiver would result in undue hardship in terms of imposing extra time and expense when 200 no impact to the land or this approval would be accomplished by strict compliance, and it is expressly 201 found that this hardship has not been self-imposed; and(v)the waiver is the minimum necessary degree 202 of variation from the requirements of said subdivision local law to alleviate the hardship and need for 203 such waiver per said § 12 of such subdivision local law; and it is further 204 205 RESOLVED, that the Town of Lansing Planning Board grants Final Plat Approval of the Application 206 for a two-lot subdivision of certain land at 162 East Lansing Road, Lansing, New York, and that the 207 afore-described survey map shall suffice as a Final Plat when so amended in accordance with the 208 following conditions: 209 210 1. The Survey Map shall be re-labelled as a "Minor Subdivision Final Plat" and all other plat 211 requirements, for good cause as shown, shall be waived in connection with such final plat, including the 212 various requirements of Local Law#3 of 2016, § 6(B)in that the location and prior history of the lot and 213 the land development area in which such lot and parcels are situated is in conformance with zoning and 214 substantially similar to all other nearby lots. 215 216 2. The sealing and endorsement of such Minor Subdivision Final Plat by the Planning Board Chair, 217 thereafter presenting and obtaining the signing of the plat by Tompkins County Assessment Department 218 stamp followed by filing in the Tompkins County Clerk's Office, followed by provision of proof of such 219 filing within the time limit requirements with the Town of Lansing Code Enforcement Office. 220 221 3. Submission of a plot plan for the newly approved lots when a building permit is sought, showing 222 a proposed layout and dimensions of any proposed buildings, driveways, and other improvements, as 223 well as a drainage plan with details sufficient to demonstrate that adequate drainage facilities can be 224 provided to protect structures from flooding, standing water, or other potential drainage problems. 225 226 April 8, 2019 227 228 Motion by: Al Fiorille 229 Seconded by: Lin Davidson 230 231 VOTE AS FOLLOWS: 232 233 Lin Davidson -Aye 234 Al Fiorille—Aye Page 5 of 29 APPROVED 235 Larry Sharpsteen-Aye 236 Dean Shea - Aye 237 Thomas Butler, Alternate-Aye 238 Dale Baker, Alternate -Aye 239 Jerry Caward, Chair - Aye 240 241 Received and filed in the Lansing Town Clerk's Office 242 243 Notice of Davidson's Public Hearing was published in the Ithaca Journal on March 29, 2019 244 as required. Mailed 600' parcel letters on April 2, 2019. 245 246 Public Hearing- Two Lot Minor Subdivision. Norman (Lin) Davidson is requesting to 247 subdivide .44 acres portion with the garage from the 60 acres and consolidate it with the 248 house at 1242 Ridge Road, Tax Parcel #P/O 16.1-7.2 249 250 Motion to Open the Public Hearing for Davidson 2 Lot Miner Subdivision at 6:45 p.m. 251 Motion by: Dale Baker Seconded by: Larry Sharpsteen (Motion Carried) 252 253 Lin Davidson sat in front of the board to discuss. 254 - Subdividing a .44 acre parcel to consolidate the existing garage with the existing house. 255 - No new construction 256 257 Floor open for Public Comments on this proposed action 258 No Public Comments 259 260 Motion to Close the Public Hearing for Davidson at 7:47 p.m. 261 Motion by: Dean Shea Seconded by: Larry Sharpsteen (Motion Carried) 262 263 SEAF Part 1 reviewed by the board. 264 - Pagel #5 Rural ( Non-Agricultural) includes "residential" should be checked 265 266 SEAF Part 2 &3 reviewed by the board with a result of a Negative Declaration. 267 268 RESOLUTION PB 19-10 269 270 TOWN OF LANSING PLANNING BOARD RESOLUTION OF STATE 271 ENVIRONMENTAL QUALITY REVIEW (SEQR) NEGATIVE DECLARATION 272 FOR THE PROPOSED NORMAN L. DAVIDSON 273 LOT LINE ADJUSTMENT-MINOR SUBDIVISION 274 1242 RIDGE ROAD, LANSING, NEW YORK 275 276 277 WHEREAS, an application was made by Norman Lin Davidson for a lot line adjustment - 278 Minor Subdivision approval, thus adding approximately 82.12' x 267' of land area from his 279 existing parcel to 1242 Ridge Road, Lansing, New York, and otherwise known as portion of Page 6 of 29 APPROVED 280 Tax Parcel #16.-1-7.4 added to Tax Parcel #16.-1-7.2 consisting of a total 1.45±acres, in the RA 281 (Rural Agriculture) Zone; and 282 283 WHEREAS, the proposed subdivision, as shown on a "Survey Map - No. 1242 Ridge Road, - 284 Town of Lansing - County of Tompkins by dated 2/28/2019 by Sheive Surveying; and 285 286 WHEREAS, this proposed action is an Unlisted Action for which the Town of Lansing 287 Planning Board is an involved agency for the purposes of environmental review, and a public 288 hearing was duly noticed and held upon April 8,2019 to consider such minor subdivision and 289 the potential environmental impacts thereof, and the public was free to provide opinions and 290 evidence in respect of such matters and such matters were duly considered; and 291 292 WHEREAS, the Town of Lansing Planning Board, in performing its independent and 293 uncoordinated environmental review in accordance with Article 8 of the New York State 294 Environmental Conservation Law - the State Environmental Quality Review Act ("SEQRA"), 295 (i) pursued its thorough review of the applicant's completed Environmental Assessment Form 296 Part 1,and any and all other documents prepared and submitted with respect to this proposed 297 action and its environmental review, and (ii) thoroughly analyzed the potential relevant areas 298 of environmental concern of the project to determine if the proposed action may have a 299 significant adverse impact on the environment, including the criteria identified in 6 NYCRR 300 Section 617.7(c), and (iii) reviewed and completed the EAF, Part II on the record; and 301 302 WHEREAS,each of the identified impacts were analyzed and duly considered by the Planning 303 Board, as Lead Agency, in relation to the question of whether such impacts were so probable 304 of occurring or so significant as to require a positive declaration of environmental impacts,and 305 after weighing the potential impacts arising from or in connection with this site plan approval, 306 and after also considering: (i) the probability of each potential impact occurring, including 307 weighing the highly speculative nature of some potential future contingencies and the 308 potential non-highly speculative nature of others; (ii)the duration of each potential impact; (iii) 309 the irreversibility of each potential impact, including a consideration of permanently lost 310 resources of value; (iv)whether each potential impact can or will be controlled or mitigated by 311 permitting, reviews, or other regulatory processes; (v) the regional consequence of the 312 potential impacts; (vi) the potential for each impact to be or become inconsistent with the 313 Towns Master Plan or Comprehensive Plan and local needs and goals; and (vii) whether any 314 known objections to the Project relate to any of the identified potential impacts; the Planning 315 Board found that these factors did not cause any potential negative environmental or related 316 social or resource impact to be or be likely to become a moderate or significant negative impact; 317 and 318 319 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 320 321 RESOLVED,that the Planning Board of the Town of Lansing be and hereby is again declared 322 as Lead Agency for an uncoordinated SEQRA review; and it is 323 324 FURTHER RESOLVED,that the Town of Lansing Planning Board,based upon(i)its thorough 325 review of the EAF, Part 1, and any and all other documents prepared and submitted with 326 respect to this proposed action and its environmental review, (ii) its thorough review of the Page 7 of 29 APPROVED 327 potential relevant areas of environmental concern of the proposed project to determine if the 328 proposed action may have a significant adverse impact on the environment, including the 329 criteria identified in 6 NYCRR Section 617.7(c), and (iii) its completion of the EAF, Part 2 and 330 its determination at Part 3, including any findings noted therein (which findings are 331 incorporated herein as if set forth at length), hereby makes a negative determination of 332 environmental significance ("NEGATIVE DECLARATION") in accordance with SEQRA for 333 the above referenced proposed action, and determines that an Environmental Impact 334 Statement will not be required; and it is further 335 336 FURTHER RESOLVED that a responsible Officer of the Town of Lansing is hereby authorized 337 and directed to complete and sign, as required, the determination of significance, confirming 338 the foregoing Negative Declaration,which fully completed and signed EAF and determination 339 of significance shall be incorporated by reference in these resolutions. 340 341 Dated: April 8, 2019 342 343 Motion by: Dean Shea 344 Seconded by: Al Fiorille 345 346 VOTE AS FOLLOWS: 347 Al Fiorille - Aye 348 Larry Sharpsteen - Aye 349 Dean Shea-Aye 350 Thomas Butler,Alternate - Aye 351 Dale Baker,Alternate -Aye 352 Jerry Caward, Chair-Aye 353 354 Received and filed in the Lansing Town Clerk's Office 355 356 RESOLUTION PB 19-11 357 358 TOWN OF LANSING PLANNING BOARD RESOLUTION 359 TOWN OF LANSING PLANNING BOARD RESOLUTION OF STATE 360 FOR THE PROPOSED NORMAN L. DAVIDSON 361 LOT LINE ADJUSTMENT -MINOR SUBDIVISION 3362 63 1242 RIDGE ROAD, LANSING NEW YORK 364 WHEREAS, an application was made by Norman Lin Davidson for a lot line adjustment - Minor 365 Subdivision approval, thus adding approximately 82.12' x 267' of land area, at 1242 Ridge Road, 366 Lansing,New York, and otherwise known as portion of Tax Parcel#16.4-7.4 added to Tax Parcel#16.- 367 1-7.2 consisting of a total 1.45 ±acres, in the RA (Rural Agriculture) Zone; and 368 369 WHEREAS,the proposed subdivision, as shown on a"Survey Map-No. 1242 Ridge Road,-Town of 370 Lansing-County of Tompkins by dated 2/28/2019 by Sheive Surveying; and 371 372 WHEREAS, this proposed action is an Unlisted Action for which the Town of Lansing Planning Board 373 is an involved agency for the purposes of environmental review, and a public hearing was duly noticed 374 and held upon April 8,2019 to consider such minor subdivision and the potential environmental impacts 375 thereof, and the public was free to provide opinions and evidence in respect of such matters and such Page 8 of 29 APPROVED 376 matters were duly considered; and 377 378 WHEREAS,the Planning Board has considered and carefully reviewed the requirements of the Town's 379 local laws relative to subdivisions and the unique needs of the Town due to the topography,the soil types 380 and distributions, and other natural and man-made features upon and surrounding the area of the 381 proposed subdivision, and the Planning Board has also considered the Town's Comprehensive Plan and 382 compliance therewith; and 383 384 WHEREAS, this proposed lot to be subdivided was previously subdivided in 2018 separating the 385 house 1242 Ridge Road from the overall farm parcel during an earlier exempt subdivision, meets the 386 current definitions and requirements for a Boundary Line - Minor Subdivision in that the subdivision is 387 adding 0.44 acres to an existing tax parcel, there are no roads or infrastructure proposed to be 388 developed, and the lots conform to zoning requirements; and 389 390 WHEREAS, a negative declaration of environmental impacts was duly issued under the State 391 Environmental Quality Review Act (SEQRA) in respect of this action, and it is further noted that this 392 action is exempt from the General Municipal Law County Planning referral requirements of General 393 Municipal Law("GML") §§ 239-1, 239-m, and 239-n through an Inter-Governmental Agreement 394 between the Tompkins County Planning Department and the Town of Lansing dated December 17, 395 2003, as "residential subdivisions of fewer than 5 lots all of which comply with local zoning standards 396 and Tompkins County Sanitary Code requirements, and do not involve new local roads or streets 397 directly accessing a State or county road" are excluded from GML referral requirements; and 398 399 WHEREAS, on April 8, 2019, the Planning Board reviewed and considered the aforementioned 400 subdivision application in the Lansing Town Hall, 29 Auburn Road, Lansing,New York 14882 and 401 duly held a public hearing on the Boundary Line Adjustment - Minor subdivision application or its 402 SEQRA review, and all evidence and comments were considered, along and together with the 403 requirements of the Town's subdivision regulations, existing development in the surrounding area, the 404 public facilities and services available, the Town's Comprehensive Plan and the Land Use Ordinance, 405 site characteristics and issues, and any potential on and off site environmental impacts; and 406 407 WHEREAS, upon due consideration and deliberation by the Town of Lansing Planning Board, now 408 therefore be it 409 410 RESOLVED, that pursuant to § 12 of Local Law#3 of 2016 (the Subdivision Local Law)the Planning 411 Board hereby grants a waiver to consider the survey as delivered as the equivalent of a final plat, and 412 finds that waiving the requirements of § 6 and related platting requirements of such local law is here 413 warranted as: (i) granting these waivers would be keeping with the intent and spirit of the subdivision 414 law as it effects no adverse change in the land, such that no negative impact on the community is 415 expected; (ii) there is no adverse effect upon the character, appearance, or welfare of any neighborhood 416 or the environment; (iii) there are special circumstances involved in this particular case, here including 417 the fact that this is a simple two-lot subdivision that produces conforming lots for residential use; (iv) 418 denying the waiver would result in undue hardship in terms of imposing extra time and expense when 419 no impact to the land or this approval would be accomplished by strict compliance, and it is expressly 420 found that this hardship has not been self-imposed; and(v)the waiver is the minimum necessary degree 421 of variation from the requirements of said subdivision local law to alleviate the hardship and need for 422 such waiver per said § 12 of such subdivision local law; and it is further 423 424 RESOLVED, that the Town of Lansing Planning Board grants Final Plat Approval of the Application 425 for a two-lot subdivision of certain land at 1242 Ridge Road, Lansing, New York, and that the afore- Page 9 of 29 APPROVED 426 described survey map shall suffice as a Final Plat when so amended in accordance with the following 427 conditions: 428 429 1. The Survey Map shall be re-labelled as a "Minor Subdivision Final Plat" and all other plat 430 requirements, for good cause as shown, shall be waived in connection with such final plat, including the 431 various requirements of Local Law#3 of 2016, § 6(B)in that the location and prior history of the lot and 432 the land development area in which such lot and parcels are situate is in conformance with zoning and 433 substantially similar to all other nearby lots. 434 435 2. The sealing and endorsement of such Minor Subdivision Final Plat by the Planning Board Chair, 436 thereafter presenting and obtaining the signing of the plat by Tompkins County Assessment Department 437 stamp followed by filing in the Tompkins County Clerk's Office,followed by provision of proof of such 438 filing within the time limit requirements with the Town of Lansing Code Enforcement Office. 439 440 3. If necessary, obtaining the curb-cut/work permits from the appropriate State or local Highway 441 Department(s) for any future driveways connecting, as well as for any culverts that are to be installed in 442 conjunction with such driveways. 443 April 8, 2019 444 445 Motion by: Larry Sharpsteen 446 Seconded by: Dale Baker 447 448 VOTE AS FOLLOWS: 449 450 Al Fiorille—Aye 451 Larry Sharpsteen—Aye 452 Dean Shea -Aye 453 Thomas Butler,Alternate—Aye 454 Dale Baker,Alternate-Aye 455 Jerry Caward, Chair-Aye 456 457 Received and filed in the Lansing Town Clerk's Office 458 459 NYSDOT Tompkins County Sub-residency at Ithaca Tompkins Regional Airport 460 Kathleen Joy,Assistant Counsel on behalf of NYS Department of Transportation approached the 461 Board to discuss the Resolution of the Board acknowledging New York State Department of 462 Transportation's absolute immunity from local land use review. Referencing the Warren Road 463 Location P/O 44.-1-47,44.-1-20 &44.4-18. 464 - Please note this project appears to fall in the category of the County of Monroe 465 Balancing Test. 466 - The Board member would like to see NYS DOT do their absolute best at mitigating 467 neighbor concerns. 468 - A big concern is the NYS DOT maintaining the proper buffers 469 - Kathleen states that they will maintain the buffers to the North and East. 470 - There will always be someone on site at DOT and if anyone has an issue, they will have 471 a point of contact. Page 10 of 29 APPROVED 472 - The fuel will be moved to the Airport location as a shared location between the airport 473 and the NYSDOT. 474 - They will be leaving the old barn as it has been documented with Historical 475 Significance, even though it is run down. They would need an approval from SHIPO. 476 477 Kathleen Joy says our current site plan is what is proposed, this is what has been submitted, 478 and this is what we are going with. 479 480 - Board is wondering why do we need to approve the resolution if the State does not need to 481 complete a site plan. The Town Attorney has advised that the resolution acknowledging 482 the immunity would be appropriate in this case. 483 - Many Board members are still not satisfied with the lack of buffering to the west of the 484 berm. 485 - The Planning Board hopes NYS will use Dark Sky Compliant lighting that will be in the 486 3,000 degree kelvin or lower range. 487 - The lights are LED and designed to shine down and will be on timers so when no one is 488 around the lights will go off. Main use is for safety features and will be located at each 489 door. 490 - The Resolution from the Town of Lansing does request that the lighting be Dark Sky 491 Compliant. 492 - The Planning Board is not approving the project the resolution is only acknowledging that 493 the NYS DOT meets the criteria of the County of Monroe Balancing Test. 494 - The NYS DOT is having an informational meeting with the neighbors on April 16,2019. 495 - It should be noted that the fueling station should be removed from the site plan to comply 496 with the shared fuel station at the airport location, per Kathleen Joy. 497 498 RESOLUTION PB 19-12 499 500 RESOLUTION APPROVING NEW YORK STATE DEPARTMENT 501 OF TRANSPORTATION FACILITY CONSTRUCTION AND 502 PUBLIC WORKS PROJECT FOR WARREN ROAD SUB-RESIDENCY, 503 APPLYING GOVERNMENTAL BALANCING TEST AND 504 APPROVING SUBDIVISION AND SITE PLANS FOR THE SAME 505 WHEREAS, the County of Tompkins ("County") and New York State Department of 506 Transportation ("NYSDOT") began an application process in September of 2019 in relation to 507 the NYSDOT facilities relocation project, with the County involvement being triggered as the 508 County owns the land upon which the proposed NYSDOT facilities are proposed to be 509 situated, such lands being approximately 15 acres within larger County-owned parcels of land 510 (TPNs 44.-1-47 and 44.4-20.1, plus a small parcel acquired from Cornell University,p/o 44.-1- 511 18) located along the westerly side of Warren Road,between Cherry Road and Hillcrest Road, 512 in the Town of Lansing IR(industrial-research)Zone and,as such,this is a permitted use under 513 zoning (to the extent zoning applies to NYS); and 514 Page 11 of 29 APPROVED 515 WHEREAS, NYSDOT became the lead applicant and throughout October, November, and 516 December of 2018, NYSDOT appeared before various Town boards and committees to have 517 initial plans reviewed, stormwater issues examined, sewer district extensions reviewed and 518 approval processes started, and to fulfill steps needed for project approval and funding, 519 including NEPA and SEQRA reviews, including as coordinated between NYSDOT and the 520 FAA; and 521 522 WHEREAS, throughout this period the County and NYSDOT were advised that, because this 523 was a governmental subdivision and a governmental/public safety and public works project, 524 that the subdivision and site plan reviews may be required to be ministerial reviews under the 525 NYS County of Monroe standard,but that to so proceed, given the sewer extension process, the 526 Town would need: (i) letters of consent from the Village of Lansing and Village of Cayuga 527 Heights to extending sewer service areas, as required by an intermunicipal agreement 528 governing the transportation and treatment of Town sewage and wastewater flows; (ii) 529 applications for site planning and subdivision review, with mappings sufficient as to be 530 approved and sealed; and (iii) proper conclusion of a coordinated environmental review 531 addressing the project (the "Project Receivables'); and 532 533 WHEREAS,a required NYSDOT public hearing was held in the Lansing Town Hall on January 534 16,2019,which hearing was conducted pursuant to 40 CFR 1506.6(c) and which public hearing 535 took comment upon the project, duly supplementing comments the Town had already 536 received at Planning Board and other meetings concerning site and locational issues; and 537 538 WHEREAS, the Town regularly followed-up throughout December of 2018, and into January, 539 February, and March of 2019 in order to obtain the Project Receivables, and in late January and 540 through March, 2019, the Town received the following documents, including: (i) a letter from 541 NYSDOT confirming completion of a SEQRA review and an environmental determination 542 preliminarily dated January 23, 2019; (ii) a County of Monroe letter from the County dated 543 January 25, 2019, which was determined not to have provided the underlying application 544 materials or to have completed proper analysis under the 9-point test for governmental 545 exemptions and immunity; (iii) more detailed survey and subdivision mappings, upon maps 546 dated 12/12/18; (iv) more detailed site plan mappings were delivered on or about January 29, 547 2019, upon drawings dated 11/18/18; (v) a SEQRA Determination Of No Significant Effect 548 (DONSE) letter dated February 25, 2019, bearing approvals from the NYSDOT Region 3 549 Regional Director; and (vi) the County withdrawal of its request for sewer services dated 550 March 2, 2019, which reversed a prior request for including, and which withdrawal helped 551 answer the long-standing, multi-month question of "what land" for the sewer service area 552 questions,including but not limited to the sewer map,plan and report("MPR")and the Village 553 approvals needed; (vii) on or about March 6,2019 a signed survey/plat map; (viii) on or about 554 March 6, 2019, a complete set of project and site plans, being 74 pages long and containing the 555 NYSDOT Project Scoping Report/Final Design Report (PIN): 3M00.18 and related data; and 556 (ix)on or about March 12,2019,an analysis letter of the 9-factor balancing test for governmental 557 immunity/review exemptions under the County of Monroe standard replacing, and not 558 supplementing, the prior County letter; and Page 12 of 29 APPROVED 559 560 WHEREAS, as some of the Project Receivables had started arriving, in March 2019 the Town 561 coordinated receipt of other needed documents, including approval letters from the Villages 562 as requested at the time of initial discussions in 2018 (including as requested by the water and 563 sewer advisory board ("WSAB")), applications to go along with what had been identified as 564 final subdivision and site plan mappings and documents, as well as confirmation of the 565 completion of the NEPA-SEQRA process, given that the Town was an involved agency therein 566 and had made numerous site plan and project buffering comments and demands; and 567 568 WHEREAS, in mid-to late March, the Town followed-up directly with NYSDOT regarding 569 what was needed for a County of Monroe exemption/immunity review, as well as what is 570 involved in a service area extension for sewer services under NYS Town Law Article 12-A, as 571 well as advising that a WSAB meeting had been re-scheduled for March 20, 2019 to consider 572 the request for a MPR for the NYSDOT project service area; and 573 574 WHEREAS, by said WSAB meeting date the Village consents and letters had finally arrived, 575 and a recommendation was forwarded from the WSAB to the Town Board to authorize the 576 MPR for the sewer service area extension, and the Town Board duly authorized the same by 577 Resolution#19-65, dated March 20, 2019; and 578 579 WHEREAS, applications for subdivision and site planning were duly and thereafter received 580 on March 29, 2019, together with fully updated drawings dated March 15, 2019, and the 581 Planning Department needed time to review the various submissions requested in November 582 and December and delivered by the end of March 2019, and the Planning Department found 583 the submissions substantially complete and referred the matter to the Planning Board with its 584 recommendations,which scheduled this matter for review upon April 8, 2019; and 585 586 WHEREAS,NYSDOT submitted a proposed final subdivision map for sealing entitled"Survey 587 for Proposed Ithaca Sub-Residency," dated November 8, 2019, as updated by data additions 588 and surveyor's signature in March,2019(the"Plat Map"),which map has been found sufficient 589 for a two-lot subdivision; and 590 591 WHEREAS, the developer has further submitted final site plan drawings and data consisting 592 of drawing sheets MJ-1 Sheet No. 13,GP-1 Sheet No. 30,GP-2 Sheet No. 31, GP-3 Sheet No. 32, 593 LAP-1 Sheet No. 38, LAP-4 Sheet No. 41, LAP-5 Sheet No. 42, and UTP-1, Sheet No. 57, each 594 dated as a March 15, 2019 Permit Set, along and together with the March 2019 Final Scoping 595 Report/Final Design Report,consisting of 74 pages describing the project and project plans (all 596 herein and together, the "Site Plans"); and 597 598 WHEREAS, the Town, the WSAB, and the Planning Board, among others, have reviewed the 599 various project documents as first submitted in 2018 and the final design projects as submitted 600 in late March 2019,duly noting the building relocations on the site,additional project buffering 601 and berming, as well as the relocation of fueling facilities to the nearby airport property, and 602 the Planning Board having also sought professional and legal advice concerning the County of Page 13 of 29 APPROVED 603 Monroe submissions and rules, as applied, and counsel having duly opined that both the 604 subdivision and site plan processes appeared to meet the exemption/immunity standards and 605 were not subject to discretionary review, subject to the Planning Board, being the authority 606 with jurisdiction within the host community, to make this determination; and 607 608 WHEREAS, the Planning Board having weighed the several factors of the County of Monroe 609 test, and having considered the Plat Map and the Site Plans, as well as stormwater issues and 610 the reviews and recommendations of the Town Engineer related thereto, the roadway and 611 design plans, development schedules, and NYS funding deadlines, including a related multi- 612 million-dollar airport grant; and 613 614 WHEREAS, the subdivision of County-owned land for governmental purposes, and the 615 related NYSDOT site plan, have been determined by the Town Planning Board to be exempt 616 and immune from discretionary subdivision and site plan review under NYS law, including 617 for the following reasons as set forth in the analysis after each of the 9-points of such balancing 618 test, as follows: 619 620 1. The nature and scope of the instrumentality seeking immunity - This favor weighs in 621 favor of applicants as (i) the County is a sovereign municipal government of which the Town 622 is a part, and (ii) NYS is a superior sovereign with privileges and immunities that can extend 623 well beyond the County of Monroe standard when addressing public interest-based, 624 governmental and emergency service facilities such as this project, such that the factor is 625 found to weigh in favor of applicants. 626 627 2. The encroaching government's legislative grant of authority -While the County has no 628 legislative grant of authority to undertake land uses within the Town, NYS certainly does, 629 and NYS and NYSDOT have already duly determined and declared the public interest being 630 served by this facility. While the County does not have this authority, the Town recognizes 631 that the County Planning and Sustainability Department is charged with examining overall 632 regional and county-wide planning, and is charged with weighing and balancing impacts on 633 an intermunicipal and county-wide level. Given all alternatives and options the County 634 approved this specific site as being the best of several considered sited, given its proximity 635 to state highways, important industrial and commercial facilities, the site having available 636 infrastructure,being located upon one of the busiest streets in the County, as well as several 637 other factors, such that this factor also weighs in favor of a grant of immunity. 638 639 3. The kind of function or land use involved - The land use involved is essentially to 640 provide and promote the delivery of state-mandated services relating to highway 641 maintenance and snow removal, considered an emergency service under NYS law. The 642 functions involved are quintessentially governmental in nature,and this is deemed a weighty 643 factor that weighs heavily in applicants favor. 644 4. The effect local land use regulation would have upon the enterprise concerned - Local 645 discretionary land use reviews could enhance the project,but the review and siting processes 646 and public hearings from NYSDOT, as well as changes as reflected in Site Plans, shows that, Page 14 of 29 APPROVED 647 to the extent discretionary review may have affected any site changes upon this allowed use 648 in the zone, improvements have already been made. As well, counter-balanced against 649 discretionary review are the governmental standards this test weighs, as well as millions of 650 dollars in needed airport and related funding that could be negative impacted by any 651 additional project delays. Thus, the Planning Board finds this factor to only slightly tip 652 towards the applicants, mainly due to the site changes already made, specifically (but not 653 limited to) relocating fuel facilities, additional buffering areas and berms, reduced lighting, 654 and the relocation of building locations upon the lot. 655 656 5. Alternative locations for the facility in less restrictive zoning areas - Alternative 657 locations, as noted,have already been examined and there is hardly a less restrictive or more 658 appropriate zone for this project than an IR Zone, including due to the County land 659 surrounding the same which acts as additional open space buffering for some areas,business 660 parks to the north and the south, apartment buildings nearby, commercial facilities nearby 661 that already produce truck traffic, such as USPS,UPS, and Global Phoenix, among others,an 662 airport located proximally adjacent to the site, and industrial and commercial zoning 663 throughout this Warren Road Corridor, such that this factor weighs in favor of applicants. 664 665 6. The impact upon legitimate local interests - Relative to subdivision no significant local 666 interests are deemed triggered. However, as to site planning some local issues are triggered, 667 such as airport hazard reviews (though mainly these are within the jurisdiction of the FAA 668 and NYSDOT) and site impacts to neighboring properties,particularly a few residential units 669 which, although located in the Warren Road corridor, are none-the-less implicated in any 670 impact review under site planning reviews. While some site changes have occurred that 671 address or lessen these impacts, the Towri s interest in such, including as set forth in Town 672 Law § 274-a, being a delegation of legislative authority from the State of New York itself, 673 causes this factor to be, in the end, neutral. 674 675 7. Alternative methods of providing the proposed improvement - There are no real 676 alternatives,other than complete relocation of the facility,which only begs the question when 677 this very issue arises at such alternative location.In any event,this factor is not really relevant 678 as NYS has delegated to NYSDOT the authority to designate and choose the locations for the 679 facilities it needs to serve the public, including to maintain important state roads, including 680 snow removal and managing or remediating other emergencies,whether related to accidents, 681 regional events, weather, or just needed maintenance and improvements to help assure safe 682 travel on public highways. Thus, this factor weighs slightly in favor of applicants as, of 683 course, different on-site layouts could still be considered which could provide less impactful 684 alternatives to providing the needed improvements and services. 685 686 8. The extent of the public interest to be served by the improvements -This factor weighs 687 heavily in favor of applicants and is deemed an important factor deserving of weight, as the 688 providing of suitably improved and safe highways for travel and commerce are 689 quintessentially at the core of public safety and governmental purposes. 690 Page 15 of 29 APPROVED 691 9. Intergovernmental participation in the project development process and an opportunity 692 to be heard - This factor is neutral. To the extent that this has been a multi-year, multi- 693 governmental process with public hearings and opportunities to be heard within the Town, 694 as well as there having been intergovernmental coordination relative to environmental 695 review and Town-provided input on utilities and site impacts, there has also been a long 696 history of rejected requests, inaction and an un-willingness to provide Project Deliverables. 697 Even a simple request for sufficient subdivision platting maps were summarily rejected by 698 the County (see letter from County, dated 2/22/19), though thankfully such refusal, among 699 others,was overruled by NYSDOT and such mappings supplied; and 700 701 WHEREAS,as the balancing test favors immunity for both subdivision and site plan approvals 702 for this project, and as the environmental review process has been duly completed and a 703 negative declaration, or its equivalent, duly issued, and as this matter also underwent 704 NYSDOT and County reviews relative to siting and locational impacts, and both such agencies 705 have significant experience with land uses and land use planning, the Town Planning Board 706 determines that the County of Monroe factors weigh in favor of the granting of immunity or an 707 exemption from formal subdivision and site plan review for the creation of the two-lot 708 subdivision for this NYSDOT project; and 709 710 WHEREAS, the Planning Board has considered this project in light of the location and zoning 711 within the Town, and the nearby natural and man-made features surrounding the project, as 712 well as siting issued as being related to the areas of the Town where such facilities should be 713 sited based upon access to utilities,water, sewer, and roadway networks that could carry such 714 traffic and are designed to do so, and the Planning Board also considered site drainage, 715 lighting, landscaping, parking, buffering, screening, driveways and traffic, and other impacts 716 in its immunity balancing test review and its prior project-based reviews of materials as 717 periodically submitted by the public and the applicants, and even though the project is 718 immune from discretionary local review such review occurred and is permitted by the host 719 community in order to undertake the balancing test and, as show above the site changes and 720 communications as made to-date,these changes and communications in context were weighed 721 in the overall balance of factors under the County of Monroe balancing test; and 722 723 WHEREAS,upon deliberation upon the foregoing,the Planning Board of the Town of Lansing 724 has duly RESOLVED as follows: 725 726 1. The Plat Map shall be sealed and filed,and all formal requirements for further mapping 727 for plats be and hereby is waived for good cause shown, including as this project is immune, 728 this is a two-lot subdivision of vacant land, and all infrastructure will be installed by, 729 maintained by, and be owned and managed by NYS, such that there are no public lines or 730 roadways to dedicate or review. 731 732 2. The Site Plans be and hereby are approved, and construction may commence upon 733 compliance with all permitting and stormwater requirements, and upon the issuance of a curb 734 cut permit for access by the County.All buildings and structures shall be built to NYS building Page 16 of 29 APPROVED 735 code requirements, and Certificates of Occupancy ("CO"), if required, may be issued once the 736 standards required to be met are demonstrably met, including compliance with building 737 permits and building codes. 738 739 3. The site shall be developed in substantial conformity with the Site Plans as submitted, 740 and parking and driveway layouts, screening, dark sky lighting, and other site conditions 741 listed or shown in the Site Plans shall be adhered to, with the exemption of the removal of the 742 Fuel Station from the site plan as that will be located off site per Kathleen Joy representative 743 for NYSDOT. All existing or previously required vegetative buffers (including as shown on 744 the site plans described above) shall be maintained as healthy and natural non-invasive 745 vegetation designed to provide both visual and sound buffering. Emphasis shall be placed 746 upon solid cover barriers as set forth in the Site Plans, such as hedges and offset rows of 747 evergreen trees, or deciduous trees of variable heights interspersed with evergreens or other 748 plants as provide for such cover. All buffers shall be properly maintained and any dead, 749 diseased, or dying trees or plants shall be promptly replaced, and any tree or plants that, 750 whether singularly or in combination, due to lack of growth, death,recession, disease or other 751 cause, cease to function as buffers shall be replaced in a manner as promotes the goal of such 752 buffer as stated in the Site Plans. 753 754 4. The Town Zoning Officer and Code Enforcement Officer shall review any changes in 755 plans or as-built plans under the Town standards for amended site plans, and upon any 756 determined or required referral to the Planning Board under such rules, the Planning Board 757 shall examine whether such changes alter the County of Monroe balancing test. If not, then no 758 review shall be conducted or required, and if so, then the Planning Board shall determine 759 whether,under all attendant circumstances,any site plan review should be undertaken,as well 760 as the proper scope of any such updated or other review. 761 762 5. All stormwater facilities shall be designed, constructed, managed, and maintained in 763 accord with all applicable stormwater requirements, including the Town of Lansing 764 Stormwater requirements. Stormwater SPDES permits and MS4 acceptance letters, to the 765 extent required, shall be processed and reviewed as required by law. 766 767 6. The project, as currently proposed based upon the Plat Map and Site Plans, is granted 768 immunity from discretionary local review under subdivision,site planning,special permitting, 769 and any discretionary or general zoning reviews and accordingly, given this immunity, the 3- 770 year sunset of approval rules for site plans as set forth in the Towns Land Use Law at§ 701.10 771 is hereby declared inapplicable. 772 773 Dated: April 8, 2019 774 775 Motion By: Dale Baker 776 Seconded By: Jerry Caward 777 778 VOTE AS FOLLOWS: Page 17 of 29 APPROVED 779 Al Fiorille - Aye 780 Larry Sharpsteen- Abstain 781 Dean Shea-Aye 782 Thomas Butler, Alternate - Abstain 783 Dale Baker,Alternate -Aye 784 Jerry Caward, Chair- Aye 785 786 Received and filed in the Lansing Town Clerk's Office 787 788 Nexamp -Lansing Renewables, LLC requesting a 5MW AC Community Solar Array. 789 Electricity generated by the solar farm to be sold at a discount to participating residents 790 and small businesses. Location at 339 Jerry Smith Road, Tax Parcel #16.-1-10 791 Joseph Fiori and Daniel Yanosh representing Nexamp approached the Board to discuss. 792 793 FEAF Part 1 reviewed by the Board 794 - Page 2 B. c, d,f, h should be "No" 795 - Page 9 E.1.a should also be "Rural (non-farm)" 796 - Page 12 E.2.m. should list"White Tail Deer" 797 - Page 12 E.3.b. should be "Yes" and state "In the Agricultural Mitigation Plan, Table 1, 798 under Custom Soil Resource Report 1.3 soil descriptions shows 60 percent of the total 799 acres are prime farmland and also listed in the NRCS Report. 800 801 The decommissioning calculations are based on current estimates of today's values with a 2.5 802 percent escalation every year to reflect increases in the labor costs. Therefore, the initial base 803 amount of the Bond will increase 2.5 percent each year for the life of the project. 804 805 FEAF Part 2 &3 reviewed by the Board 806 807 RESOLUTION PB 19-13 808 809 STATE ENVIRONMENTAL QUALITY REVIEW RESOLUTION 810 MAKING NEGATIVE DECLARATION OF ENVIRONMENTAL 811 IMPACTS FOR THE NEXAMP SOLAR, LLC SITE PLAN FOR PROPOSED 812 5 MEGAWATT SOLAR FARM AT 339 JERRY SMITH ROAD 813 814 WHEREAS, an application was made Nexamp Solar, LLC and Lansing Renewables, LLC, as 815 represented by Joseph Fiori and Hunt Engineers, Architects,Surveyors ("Hunt Engineering"), 816 for site plan approval for the proposed construction of an 5 megawatt Community Solar Farm 817 and related improvements to be located at 339 Jerry Smith Road, Lansing, New York, also 818 known as TPN 16.-1-10, as located in the RA Rural Agriculture Zone and consisting of 819 approximately 57.8±acres; such proposed site improvements to include an entrance driveway 820 system, fencing, ground mounted solar panels and related electrical equipment, landscaping 821 improvements (the "Project"), and Hunt Engineering having completed an Stormwater plan 822 for the 23.9± acres of disturbance for the Project; and the same having been duly reviewed by Page 18 of 29 APPROVED 823 the Town Engineer and SMO; and 824 825 WHEREAS, the Project is classified as a SEQRA Type I Action, and the involved agencies are 826 determined to be the NYS Department of Agriculture and Markets, the NYS Department of 827 Environmental Conservation,the Tompkins County Highway Department,the Town Board of 828 the Town of Lansing,and the New York State Energy Research&Development Authority;and 829 830 WHEREAS, the Planning Board proposed to be Lead Agency for SEQRA review on January 831 14, 2019 and duly issued a SEQRA-compliant notice of intent to each such agency, and each 832 agency has either concurred in the designation of the Planning Board as lead agency or 30 days 833 have duly passed and such agency has not objected, such that the Planning Board now and 834 hereby accepts the lead agency designation and undertakes a Type I coordinated review of the 835 Project under SEQRA; and 836 837 WHEREAS, the Planning Board has directed and received amendments to and supplemental 838 information concerning and updating the FEAF, including compliance with agricultural soils 839 and land reclamation recommendations as set forth by NYSDAM and Tompkins County, a 840 reclamation bond, and information concerning land use and specific impact data required by 841 the FEAF, such as: (i) verification of no impact by SHPO, which letter was duly issued for this 842 site by SHPO upon October 16, 2018, SHPO Project#18PR06301);and (ii) a wetlands assessment, 843 and verification that no wetlands or wetland impacts are present or affected, by letter dated 844 November 30, 2018,from Ecological Solutions, LLC; and 845 846 WHEREAS,the requisite General Municipal Law§239 referrals were duly made,and the reply 847 and recommendations of County Planning are reflected in their letter dated November 14, 848 2018, which noted and determined that the Project "may have negative inter-community, or 849 county wide impacts" and recommended as follows: 850 851 1. As the NRCS Soil Survey of the Project site,including the specific areas to be disturbed,mainly 852 constitute"Prime Farmland," the recommendation is to reduce the size of the project to 10 acres 853 or less. 854 2. A soil reclamation plan was recommended, along with a financial guarantee to assure future 855 funding for the same. 856 3. All land, including under solar panels, should be maintained with vegetative cover to ease 857 transition back to agriculture when desired,and to enhance water quality and soil stabilization; 858 and 859 860 WHEREAS, the Planning Board has complied with items #2 and #3 of the County 861 recommendation, but not item #1 as the wattage requirements for the project and its viability 862 cannot be achieved without the use of more than 10 acres, and locations are set based upon 863 land availability and leasing, such that the Planning Board will adopt this resolution by super- 864 majority and this resolution shall constitute the reply required by law; and 865 866 WHEREAS, the land is currently farmed agriculturally and is located in a designated County 867 Agricultural District(TOMP001),and while the Planning Board recognizes that energy farming 868 is a part of agriculture, that the remainder of the farm field will remain in productive 869 agricultural use, there none-the-less will be a loss of over 20 acres of farmland and a Notice of Page 19 of 29 APPROVED 870 Intent was required to be delivered to the NYS Department of Agriculture and Markets 871 (NYSDAM); and 872 873 WHEREAS,by letter dated January 25,2019,NYSDAM replied noting that the plan,as revised, 874 was consistent with the Agriculture and Markets, Guidelines for Agricultural Mitigation for 875 Solar Energy Projects dated 4/19/2018, with the following exceptions: 876 877 1. When trenching underground conduit, the recommended burial depth of is 48", with 878 the caveat that project specific factors should be taken into consideration when determining 879 trench depth, and in this case and for this Project, there are subsurface drain tiles or and 880 stormwater practices that would be disturbed such that a burial depth of only 24" is found 881 appropriate here. 882 883 2. Buried cables should not be removed upon decommissioning to avoid soil and other 884 disturbances, such that cabling should be abandoned in place, unless otherwise approved 885 by the town and landowner. Here, as the burial depth is only 24" all cabling, conduit, and 886 related materials are required to be removed from the Project site. 887 888 WHEREAS, the Agricultural Reclamation Plan has been revised and resubmitted for 889 consideration dated March 18, 2019 which plan included a decommissioning and restoration 890 plan, as well as requirements for the decommissioning bond, and such reclamation plan 891 adopted the town- and landowner-approved electric conduit burial depth of 24" due to the 892 number of existing drain tiles in the fields, and the conduit will be completely removed as part 893 the reclamation plan as submitted; and 894 895 WHEREAS, on April 8,2019 the Town of Lansing Planning Board, in performing its reviewing 896 agency functions in conducting an environmental review in accordance with Article 8 of the 897 New York State Environmental Conservation Law and SEQRA regulations: (i) pursued its 898 thorough review of the project and the Applicant's FEAF, as well as a review of all other 899 documents prepared and submitted with respect to this proposed action; and (ii) thoroughly 900 analyzed the potential relevant areas of environmental concern of the project to determine if 901 the proposed action may have any moderate or significant adverse impacts on the 902 environment, including the criteria identified in 6 NYCRR § 617.7(c); and (iii) reviewed the 903 FEAF on the record; and each identified potential environmental impact was analyzed and 904 duly considered by the Planning Board in relation to the question of whether any potential 905 environmental impacts were so probable of occurring or so significant as to require a positive 906 declaration, and after weighing the above and all other potential impacts arising from or in 907 connection with this project, and after also considering: (i) the probability of each potential 908 impact occurring; (ii) the duration of each potential impact; (iii) the irreversibility of each 909 potential impact, including permanently lost resources of value; (iv) whether each potential 910 impact can or will be controlled or mitigated by permitting or other processes; (v) the regional 911 consequence of the potential impacts; (vi) the potential for each impact to be or become 912 inconsistent with the Towri s master plan or Comprehensive Plan and local needs and goals; 913 and (vii) whether any known objections to the Project relate to any of the identified potential 914 impacts, the Planning Board found that these factors did not cause any potential impact to be Page 20 of 29 APPROVED 915 or be likely to become a moderate or significant impact such that a negative declaration will be 916 issued; and 917 918 WHEREAS, in consideration of and upon deliberation upon the FEAF and the foregoing, and 919 examining the potential for negative environmental impacts, the Town of Lansing Planning 920 Board,as lead agency,has determined that there are not likely to be any moderate or significant 921 environmental impacts arising from this project, so 922 NOW,THEREFORE, BE IT RESOLVED AS FOLLOWS: 923 924 1. After consideration of the potential environmental impacts, including those reviewed 925 in accord with 6 NYCRR § 617.7(c), the Planning Board finds that the proposed action of 926 approving the proposed site plan, based upon the site plan and mapping as submitted, will 927 have no moderate or significant negative environmental consequences or impacts. 928 929 2. This declaration is made in accord with Article 8 of the New York State Environmental 930 Conservation Law and SEQRA regulations promulgated thereunder, and accordingly, the 931 Planning Board of the Town of Lansing, based upon: (i) its thorough review of the FEAF, and 932 any and all other documents prepared and submitted with respect to this proposed action and 933 its environmental review; (ii) its thorough review of the potential relevant areas of 934 environmental concern to determine if the proposed action may have any moderate or 935 significant adverse impact on the environment, including, but not limited to, the criteria 936 identified in 6 NYCRR § 617.7(c); and (iii) its completion of the FEAF, including the findings 937 noted therein (if any, and which findings are incorporated herein as if set forth at length), 938 hereby makes a negative determination of environmental significance ("Negative 939 Declaration') in accordance with SEQRA for the above referenced proposed actions, and 940 determines that an Environmental Impact Statement is therefore not required. 941 942 3. A Responsible Officer of the Planning Board of the Town of Lansing is hereby 943 authorized and directed to complete and sign, as required, the determination of significance, 944 confirming the foregoing Negative Declaration, which fully completed and signed FEAF and 945 determination of significance shall be incorporated by reference in this Resolution. 946 947 4. As required by law, the Planning Department be and is directed to file a notice of this 948 determination through the DEC online portal for the Environmental Notice Bulletin. 949 950 Dated: April 8, 2019 951 952 Motion By: Dean Shea 953 Seconded By: Larry Sharpsteen 954 955 VOTE AS FOLLOWS: 956 957 Al Fiorille - Aye 958 Larry Sharpsteen - Aye 959 Dean Shea - Aye 960 Thomas Butler, Alternate - Aye 961 Dale Baker, Alternate - Aye 962 Jerry Caward, Chair - Aye Page 21 of 29 APPROVED 963 964 Received and filed in the Lansing Town Clerk's Office 965 966 RESOLUTION PB 19-14 967 968 RESOLUTION APPROVING SITE PLAN AND ISSUING FINAL SITE PLAN APPROVAL 969 FOR NEXAMP SOLAR, LLC—339 JERRY SMITH ROAD 970 971 WHEREAS, an application was made Nexamp Solar, LLC and Lansing Renewables, LLC, as 972 represented by Joseph Fiori and Hunt Engineers, Architects, Surveyors ("Hunt Engineering"), for site 973 plan approval for the proposed construction of an 5 megawatt Community Solar Farm and related 974 improvements to be located at 339 Jerry Smith Road, Lansing,New York, also known as TPN 16.-1-10, 975 as located in the RA Rural Agriculture Zone and consisting of approximately 57.8±acres; such proposed 976 site improvements to include an entrance driveway system, fencing, ground mounted solar panels and 977 related electrical equipment, landscaping improvements (the "Project"), and Hunt Engineering having 978 completed an Stormwater plan for the 23.9± acres of disturbance for the Project; and the same having 979 been duly reviewed by the Town Engineer and SMO; and 980 981 WHEREAS, the requisite General Municipal Law § 239 referrals were duly made, and the reply and 982 recommendations of County Planning are reflected in their letter dated November 14,2018,which noted 983 and determined that the Project "may have negative inter-community, or county wide impacts" and 984 recommended as follows: 985 986 4. As the NRCS Soil Survey of the Project site, including the specific areas to be disturbed, mainly 987 constitute "Prime Farmland,"the recommendation is to reduce the size of the project to 10 acres 988 or less. 989 5. A soil reclamation plan was recommended, along with a financial guarantee to assure future 990 funding for the same. 991 6. All land, including under solar panels, should be maintained with vegetative cover to ease 992 transition back to agriculture when desired, and to enhance water quality and soil stabilization; 993 and 994 995 WHEREAS,the Planning Board has complied with items#2 and#3 of the County recommendation,but 996 not item#1 as the wattage requirements for the project and its viability cannot be achieved without the 997 use of more than 10 acres, and locations are set based upon land availability and leasing, such that the 998 Planning Board will adopt this resolution by super-majority and this resolution shall constitute the reply 999 required by law; and 1000 1001 WHEREAS, the land is currently farmed agriculturally and is located in a designated County 1002 Agricultural District(TOMP001),and while the Planning Board recognizes that energy farming is a part 1003 of agriculture,that the remainder of the farm field will remain in productive agricultural use,there none- 1004 the-less will be a loss of over 20 acres of farmland and a Notice of Intent was required to be delivered to 1005 the NYS Department of Agriculture and Markets (NYSDAM); and 1006 1007 WHEREAS, by letter dated January 25, 2019, NYSDAM replied noting that the plan, as revised, was 1008 consistent with the Agriculture and Markets, Guidelines for Agricultural Mitigation for Solar Energy 1009 Projects dated 4/19/2018, with the following exceptions: 1010 Page 22 of 29 APPROVED 1011 1. When trenching underground conduit, the recommended burial depth of is 48", with the caveat 1012 that project specific factors should be taken into consideration when determining trench depth, and 1013 in this case and for this Project, there are subsurface drain tiles or and stormwater practices that 1014 would be disturbed such that a burial depth of only 24" is found appropriate here. 1015 1016 2. Buried cables should not be removed upon decommissioning to avoid soil and other disturbances, 1017 such that cabling should be abandoned in place, unless otherwise approved by the town and 1018 landowner. Here, as the burial depth is only 24" all cabling, conduit, and related materials are 1019 required to be removed from the Project site. 1020 WHEREAS,the Agricultural Reclamation Plan has been revised and resubmitted for consideration dated 1021 March 18, 2019 which plan included a decommissioning and restoration plan, as well as requirements 1022 for the decommissioning bond, and such reclamation plan adopted the town- and landowner-approved 1023 electric conduit burial depth of 24"due to the number of existing drain tiles in the fields, and the conduit 1024 will be completely removed as part the reclamation plan as submitted; and 1025 1026 WHEREAS, the Project SWPPP has been amended and the Town's Engineer, T.G. Miller, P.C. has 1027 approved the same and authorized the filing of the MS4 on March 19, 2019, if this project is approved; 1028 1029 WHEREAS, the SWPPP, the Agricultural Mitigation Plan, and the site plan drawings COI- through 1030 C7.1,be and hereby are collectively and severally hereafter referred to as the "Project Site Plans"; and 1031 1032 WHEREAS, Project Site Plans were submitted and consist of 7 pages dated October 22, 2018, entitled 1033 "LANSING RENEWABLES, LLC, LANSING SOLAR ARRAY, as prepared and certified effective 1034 such last revision date by Hunt Engineers, such site plan documents consisting of the following 1035 documents: 1036 1037 • C1.0 Existing Conditions—last revision 1/3/19 1038 • C2.0 Site Improvement& Layout Plan—last revision 3/18/19 1039 • C4.0 Site Grading &Utility Plan—last revision 3/18/19 1040 • C6.0 Site ES&C (Erosion & Sediment Control) Plan—last revision 3/18/19 1041 • C6.1 Site ES&C Details—last revision 3/18/19 1042 • C7.0 Site Details—last revision 3/18/19 1043 • C7.1 Site Details—last revision 3/18/19 1044 1045 Each such site plan document being duly incorporated herein and further identified as Hunt Project No. 1046 3178.002, in relation to the 5 MW ground mounted solar installation at Jerry Smith Road, Town of 1047 Lansing, County of Tompkins,New York; and 1048 1049 WHEREAS, the Planning Board has again considered and carefully reviewed the requirements of the 1050 LUO relative to site plan review,the unique needs of the Town due to the topography,the soil types and 1051 distribution, and other natural and man-made features upon and surrounding the area of the proposed 1052 site plan, and the Planning Board has also considered the zoning in the area and the project in light of 1053 the Town's Comprehensive Plan and compliance therewith; and 1054 1055 WHEREAS, the Applicant also submitted a land reclamation and site decommissioning plan entitled 1056 "AGRICULTURAL MITIGATION PLAN, LANSING RENEWABLES, LLC, Page 23 of 29 APPROVED 1057 339 JERRY SMITH ROAD, LANSING, TOMPKINS COUNTY,NEW YORK,"dated February, 2019 1058 and denoted as Project File No.31.018233.00, which reclamation plan is also incorporated herein and 1059 deemed a material part of the Project site plan; and 1060 1061 WHEREAS, as required by NYSDAM, and in accord with Town requirements for this Project, such 1062 reclamation plan includes both soil and agricultural reclamation, restoration, site decommissioning and 1063 removals of improvement, as well as the bond requirements to financially guarantee decommissioning 1064 and reclamation; and 1065 1066 WHEREAS, the Planning Board duly held a public hearing on this Project on November 26, 2018 and 1067 its environmental review on January 14,2019 and April 8,2019,and all persons interested in the subjects 1068 thereof were duly heard and all evidence submitted duly considered and reviewed; and 1069 1070 WHEREAS, on April 8, 2019 the Planning Board duly considered the proposed site plan in accordance 1071 with the provisions of LUO § 701.4 et seq., including concerns addressing site drainage, lighting, 1072 nearby residences, landscaping,parking, buffering, screening, driveways, and any potential on- and 1073 off-site environmental and developmental impacts, and upon due consideration thereupon and 1074 deliberation by the Town of Lansing Planning Board, now therefore be it 1075 1076 RESOLVED, that Site Plan application for the proposed construction of a new 5-Megawatt Solar Farm 1077 and site area improvements located at 339 Jerry Smith Road, Lansing, New York, be and hereby is 1078 granted and approved, subject to the following conditions: 1079 1080 1. The Project Site Plans be and hereby are approved. This site plan approval is valid only for 36 1081 months from the date hereof in accordance with the standards set forth in the Town's Land Use Law at 1082 § 701.10. 1083 1084 2. All electrical cables shall be installed in conduit and buried no deeper than 24", and shall be 1085 completely removed upon voluntary or involuntary decommissioning. 1086 1087 3. No permits or building permits shall be issued until a financial guarantee substantially in 1088 compliance with the Project Site Plans shall be delivered to, issued in favor of, and approved by the 1089 Town of Lansing. More specifically, a decommissioning and reclamation bond (or similar securitized 1090 financial guarantee as approved by the Town), in the amount of USD $228,008 and written and 1091 underwritten by an agency registered to do business in New York and reasonably approved by the Town, 1092 with a 2.5% per year escalator clause, intended and designed to properly decommission and dispose of 1093 solar panels and all system and site improvements, installations, and appurtenances, except that any 1094 roads, culverts, ditches, or drainage facilities may be retained by the underlying landowner upon request 1095 (or according to the terms as may be set forth in any applicable site lease). The system and site shall be 1096 decommissioned and removed, and the agricultural land reclaimed and restored,whenever the project is 1097 abandoned, no longer functioning properly, or not producing energy and conveying it to the electrical 1098 grid within 50% of nameplate capacity for any 6 consecutive months, or any 8 non-consecutive months 1099 in any 12-month period, or upon termination of land use rights, loss or termination of interconnection 1100 permitting to the electrical grip, or as may otherwise be required by law, in each case in accord with the 1101 then existing and known best industry practices and applicable regulations and rules concerning land and 1102 agricultural restoration, as well as site remediation and solid waste disposal rules,with the exception that 1103 no BUD determination shall permit or allow any system parts, appurtenances, improvements, or 1104 compounds to remain at the project site. Page 24 of 29 APPROVED 1105 1106 4. An Interconnection Permit required from New York State Electric and Gas (NYSEG) and the 1107 appropriate electrical inspections and certifications as required by the NYS Building Codes. 1108 1109 5. Fence installations shall be materially consistent with the fence details as submitted upon 1110 February 13, 2019, and entitled"High Tensile, Fixed Knot Wire Fence." 1111 1112 6. Building Permits will be required to construct the approved building and site facilities, and all 1113 plans must meet code requirements, including the sealing of plans by a licensed engineer or architect, 1114 and all improvements must be constructed in compliance with all state and local building code 1115 requirements. 1116 1117 7. All stormwater information and verifications required by the most recently dated Town 1118 Engineer's letter addressing the Stormwater Pollution Prevention Plan(SWPPP) shall be adhered to and 1119 all final SWPPS and plans shall be subject to the approval of the Town's Stormwater Management 1120 Officer (SMO) in accordance with NYS Department of Environmental Conservation practices and a 1121 permit therefor. All stormwater systems and features shall be inspected and properly working prior to 1122 the issuance of any CO or the close-out of any building permit. Any failure of stormwater systems to 1123 function properly shall be remedied and repaired, and if any permanent stormwater practices are 1124 necessary a suitable stormwater operation, management, and reporting agreement ("SOMRA") shall be 1125 required, approved, and filed in a manner and form as approved by and acceptable to the Town. 1126 1127 8. Approval for curb cut locations from the Tompkins County Highway Department are required, 1128 and the culvert shall be a minimum of 30' long. Similarly, the approval of the Lansing Fire Department 1129 shall be obtained verifying that the curbing, site, and roadway/access designs and plans, and emergency 1130 cut-off switching(s) are adequate for emergency access and vehicle circulation. 1131 1132 9. The applicant and any future site operator shall be required to cause or perform a site and facility 1133 inspection at least once every 2 years, starting upon the second anniversary of the building permit close- 1134 out date. Such inspections shall be performed by a qualified installer or engineer, and all solar panels 1135 shall be examined and inspected for cracks, breaks, or leaks. In addition, all solar energy components 1136 and systems shall be examined and inspected for any faults or exposed wiring, as well as to test the 1137 emergency shut-off system for verification of proper fire fighter and fire safety. Copies of such 1138 inspection reports shall be in writing and immediately provide after each such two-year inspection to the 1139 Town Code Enforcement Officer and the Lansing Fire Department, and any noted or identified system 1140 deficiencies or panel leaks or damages shall be promptly remediated, repaired, or replaced. 1141 1142 10. Applicant shall supply a lock box with emergency access to any gates or locks in accord with the 1143 Town's Local Law#4 of 2006, and a key and access codes shall at all times be kept current and supplied 1144 to the Lansing Fire Department and the Town Code Office,together with any bypass codes, RF devices, 1145 and like access tools and codes. 1146 1147 11. All parking layouts, screening, dark sky lighting, and other site conditions listed in the Project 1148 Site Plan and the site plan review application shall be adhered to, and all existing or previously required 1149 vegetative buffers (including as shown on the site plans described above) shall be maintained as healthy 1150 and natural non-invasive vegetation designed to provide both visual and sound buffering. Emphasis shall 1151 be placed upon solid cover barriers, such as hedges and offset rows of evergreen trees, or densely placed 1152 deciduous trees with variable heights and interspersed with evergreens or other plants as provide for such Page 25 of 29 APPROVED 1153 cover. Existing and any new buffers shall be properly maintained and any dead, diseased, or dying trees 1154 or plants shall be promptly replaced, and any tree or plants that, whether singularly or in combination, 1155 due to lack of growth, death, recession, disease or other cause, cease to function as buffers shall be 1156 replaced in a manner as promotes the goal of such buffer as stated in this site plan approval and the 1157 Project Site Plans. 1158 1159 Dated: April 8, 2019 1160 1161 Motion By: Thomas Butler 1162 Seconded By: Larry Sharpsteen 1163 1164 VOTE AS FOLLOWS: 1165 1166 Al Fiorille-Aye 1167 Larry Sharpsteen-Aye 1168 Dean Shea -Aye 1169 Thomas Butler,Alternate-Aye 1170 Dale Baker,Alternate-Aye 1171 Jerry Caward, Chair-Aye 1172 1173 Received and filed in the Lansing Town Clerk's Office 1174 1175 Nexamp would like to partner with the Town of Lansing to get the word out that Residents 1176 and Small Businesses will get 10 percent off their electric bill by signing up. There are no term 1177 constraints on the applicants. The 10 percent off will be an ongoing discount for the 1178 applicant. 1179 1180 Nexamp is also looking into the possibility of adding battery energy storage to this site. The 1181 benefit of the Lithium Ion batteries is capturing the energy during the day and discharge the 1182 energy at night making the solar energy more useful to the grid and the system operator that 1183 oversees the grid. If this become a reality, it will need to go through site plan. 1184 1185 Osmica - Review SEQRA Environmental Assessment forms 1186 Kurt Martin and Allison Trdan approached the Board to discuss 1187 1188 The Board has reviewed the public concerns and categorized them. There will be plenty of 1189 discussions on the concerns when the individual items are discussed during the Site Plan 1190 Review. 1191 1192 Summary of a letter from legal counsel regarding this particular project concerning the 1193 classification action under SEQRA. Since the Town had made Dutch Harvest comply with the 1194 new 2019 SEQRA regulations the Town should require the same for Osmica. By applying, the 1195 new law equally under the new SEQRA regulations governed by the DEC would classify the 1196 Osmica project as a Type II Action. 1197 1198 SEQRA regulations, at 6 NYCRR 617.5 (18): Page 26 of 29 APPROVED 1199 (18)reuse of a residential or commercial structure,or of a structure containing mixed residential and 1200 commercial uses,where the residential or commercial use is a permitted use under the applicable zoning law 1201 or ordinance,including permitted by special use permit,and the action does not meet or exceeds any of the 1202 thresholds in section 617.4 of this Part; 1203 1204 The Department hereby adopts a new Type II category,to be codified at 6 NYCRR section 617.5 (c) (18),to 1205 read as follows: "reuse of a residential or commercial structure,or of a structure containing mixed residential 1206 and commercial uses,where the residential or commercial use is a permitted use under the applicable zoning 1207 law or ordinance,including by special use permit,and the action does not meet or exceeds any of the 1208 thresholds in section 617.4 of this Part." 1209 1210 ii.Impacts 1211 As quoted in the FGEIS at p.92,"a common phrase among green building advocates is"the greenest 1212 building is the one that isn t built." An existing structure already possesses its embodied energy,except for 1213 maintenance and rehabilitation.And unlike new construction,rehabilitation involves largely labor(usually 1214 local),and less materials. Rehabilitation also avoids the disposal of building materials in a landfill that would 1215 result from the ultimate demolition of an existing building that is not maintained or restored.Since one- 1216 quarter of the material in solid waste facilities is comprised of construction debris (much of which is from 1217 building demolition),the minimization or avoidance of building demolition through rehabilitation reduces 1218 solid waste.Impacts are limited to construction-related ones (i.e.,truck traffic),which are in the case of this 1219 adopted rule temporary,minimal and manageable through special use permits or site plan review. 1220 1221 iii.Facts,Analysis and Conclusions 1222 Commenters criticized the proposal arguing that while the Type 11 category requires that the reuse must also 1223 be a permitted use,zoning is sometimes or even often out of date,and that reuse of an existing building 1224 could result in a use out of sync with the neighborhood character and without SEQR review.Also,re-use of a 1225 building could result in temporary construction-related impacts. 1226 1227 The Type 11 category for reuse presupposes conditions that serve to avoid impacts including that 1)the use is 1228 permitted by zoning,2)it is subject to some type of discretionary review(which would make it subject to 1229 SEQR to begin with),3)is residential or commercial or mixed use,and 4)cannot include an action that would 1230 trigger a Type 1 threshold. Under these conditions,the Department does not believe the impacts of the Type 1231 II category would be significant. Impacts below the significance level can readily be dealt with through a 1232 municipality's land use jurisdiction.This Type II action is closely related to the Type II action for 1233 replacement in kind and contains the same Type I limiting condition.If a municipality or other agencies have 1234 no discretionary review jurisdiction for reuse,then SEQR would not apply for that reason.The Department 1235 therefore concludes that the adopted rule would not have a significant adverse effect on the environment 1236 and streamlines SEQR without sacrificing meaningful environmental review. 1237 1238 A board member chose to review the Full Environmental Assessment Form Part 1. 1239 1240 Items changed on Part 1 from the Board review: 1241 - Page 2 B.(c) should be "No" with a notation of the ZBA. Shown below: 1242 9. Additional facts relevant to the determination as found by the ZBA at the hearing 1243 and public hearing include the following: 1244 Definition of Bed &Breakfast as it pertains to this property seems to be consistent with 1245 what is found in the Zoning Ordinance. 1246 1247 In regard to the definition of Banquet Hall/Reception Venue,the adjective small does not 1248 pertain to all items listed on that definition. Page 27 of 29 APPROVED 1249 1250 The Zoning Board of Appeals feels they have addressed what the applicant has 1251 requested. 1252 1253 CONCLUSIONS AND FINDINGS: 1254 1. The proposed Appeal is seeking interpretation of Zoning Ordinance as it relates to 1255 section 503 Schedule 1 &definitions&Appeal of decision of Code Enforcement Officer from 1256 the ZBA, The exact nature of the appeal and the requested relief sought is more specifically 1257 set forth in the appeal, and the ZBA will proceed to consider and adopt, at this time, one of 1258 the next following provisions,namely,to grant,deny,or further deliberate upon this appeal. 1259 1260 2. The ZBA DENIES the appeal and determines that the underlying interpretation and 1261 application of the Land Use Ordinance was correct. In this respect,the following additional 1262 findings are made: 1263 1264 No additional findings,as number 9 covers it. 1265 1266 - Page 2 B.(f), (g) (h) should be "No" 1267 - Page 3 C.3.(b) should be "Yes" permitted with site plan review 1268 - Page 3 C.3.(b) added "Sheriff and State Police" 1269 - Page 3 C.3.(c) should be "Bangs ambulance services" 1270 - Page 6 D.2.(d)v. added "secondary discharge smaller leach field" "No effect to 1271 neighboring properties" 1272 - Page 8 D.2.(m)i. added "Noise during construction" 1273 - Page 9 E.1.(a) added Rural (non-farm) Residential" 1274 - Page 9 E.1.(b) add to Roads......"septic and all disturbances" 1275 - Page 11 E.2.(a) added "per County Water &Soil" 1276 - Page 12 E.2.(q) should be "Yes" added "19 acres will be posted No Hunting" 1277 - Page 13 E.3.(h)i. should be "Yes" added "State Route 34B Scenic Byway" 1278 - Page 13 E.3.(h)ii. added "State Route 34B Scenic Byway" 1279 - Page 13 E.3.(h)iii. added "1500 ft" 1280 1281 Board reviewed SEAF Part 2 &3 1282 - Proposed action will not result in any significant adverse environmental impacts 1283 1284 Osmica will meet with the Board again on April 22, 2019 to review Site Plan. 1285 1286 Planning Report 1287 - The Town Planner recently attended a workshop hosted by Tompkins County Planning 1288 regarding the US Census Bureau statistical areas update in advance of the 2020 Census. 1289 Specifically, this is an opportunity to update census tracts,block groups, and Census 1290 Designated Places (CDPs). County Planning has prepared the attached two maps of 1291 North Lansing and South Lansing, Respectively, and we are being asked to provide Page 28 of 29 APPROVED 1292 feedback on their designations as CDPs. South Lansing is a shoo-in; North Lansing is 1293 iffy. 1294 1295 CDPs are concentrations of populations,which do not follow municipal boundaries 1296 and are not legally incorporated (and as such, are not villages or cities). The criteria for 1297 CDP designation is that the area be a recognizable concentration of population with 1298 some mix of land uses (some commercial/minimum of 10 housing units). One clear 1299 advantage I see for designating CDPs is, of course, the ability to have data ready for 1300 grant applications and the like. 1301 1302 - Tompkins County Department of Planning &Sustainability is pleased to continue the 1303 Conversation about housing: Public Presentation Infill &Small Scale Development on 1304 Wednesday, April 24, 2019 at 6:00 PM (doors open at 5:30 PM) in the Tompkins County 1305 Public Library - Borg Warner Room. 1306 - Last Friday CJ attended the American Planning Association Spring Planning Day, a lot 1307 of good case law covered. 1308 - This Friday CJ will attend the Energy Symposium 1309 - Each of the Planning Board members received an email with information about a 1310 Webinar on Battery Energy Storage Systems Webinar and Guidebook hosted on 1311 Wednesday,April 10,2019 at 5 PM ET. 1312 1313 Planning Board Chair asked if there is anything else to be discussed. 1314 - A joint meeting with the Town Board and Planning Board will be scheduled in the near 1315 future date TBD 1316 1317 Adjourned Meeting 1116 Meeting adjourned at the call of the Planning Board Chair at 10:00 p.m. 1320 Minutes taken and executed by Sue Munson. 1321 1322 Access to public documents are available online at: E4 Town Website hlt 2s://www.lansingtown.com 139 Planning Board agendas https://www.lansingtown.com/plannin -bo�ard/planning-board-a eg ndas H39 Planning Board minutes https://www.lansingtown.com/plannin -bg oard/planning-board-minutes H38 Planning Board submittals https://www.lansingtown.coMZplanning-board/meeting-docs 1331 Planning Board Email tolcodes(djansingtown.com Page 29 of 29