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Home My WebLink About19-08 and 19-09 Baughman Resolutions1 owc� C\eek RESOLUTION PB 19-08 TOWN OF LANSING PLANNING BOARD RESOLUTION OF STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) NEGATIVE DECLARATION FOR THE PROPOSED TWO -LOT MINOR SUBDIVISION - 162 EAST LANSING ROAD, LANSING, NEW YORK WHEREAS, an application was made by Michael W. Baughman and Rochelle J. Baughman for a two -lot subdivision approval at No. 162 East Lansing Road, Lansing, New York, and otherwise known as Tax Parcel #20.-1-24.221, consisting of a total of 77.335 acres in the RA (Rural Agriculture) Zone; and WHEREAS, the proposed subdivision, as shown on a "Survey Map - No. 162 East Lansing Road - Town of Lansing, Tompkins County, New York by T.G. Miller P.C. dated 10/30/2018 consists of Parcel A, measuring 2.194 acres and Parcel B, measuring 75.141 acres; and WHEREAS, this proposed action is an Unlisted Action for which the Town of Lansing Planning Board is an involved agency for the purposes of environmental review, and a public hearing was duly noticed and held upon April 8, 2019 to consider such minor subdivision and the potential environmental impacts thereof, and the public was free to provide opinions and evidence in respect of such matters and such matters were duly considered; and WHEREAS, the Town of Lansing Planning Board, in performing its independent and uncoordinated environmental review in accordance with Article 8 of the New York State Environmental Conservation Law - the State Environmental Quality Review Act ("SEQRA"), (i) pursued its thorough review of the applicant's completed Environmental Assessment Form Part 1, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, and (ii) thoroughly analyzed the potential relevant areas of environmental concern of the project to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 617.7(c), and (iii) reviewed and completed the EAF, Part II on the record; and WHEREAS, each of the identified impacts were analyzed and duly considered by the Planning Board, as Lead Agency, in relation to the question of whether such impacts were so probable of occurring or so significant as to require a positive declaration of environmental impacts, and after weighing the potential impacts arising from or in connection with this site plan approval, and after also considering: (i) the probability of each potential impact occurring, including weighing the highly speculative nature of some potential future contingencies and the potential non -highly speculative nature of others; (ii) the duration of each potential impact; (iii) the irreversibility of each potential impact, including a consideration of permanently lost resources of value; (iv) whether each potential impact can or will be controlled or mitigated by permitting, reviews, or other regulatory processes; (v) the regional consequence of the potential impacts; (vi) the potential for each impact to be or become inconsistent with the Towns Master Plan or Comprehensive Plan and local needs and goals; and (vii) whether any known objections to the Project relate to any of the identified potential impacts; the Planning Board found that these factors did not cause any potential negative environmental or related social or resource impact to be or be likely to become a moderate or significant negative impact; and Page 1of2 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: RESOLVED, that the Planning Board of the Town of Lansing be and hereby is again declared as Lead Agency for an uncoordinated SEQRA review; and it is FURTHER RESOLVED, that the Town of Lansing Planning Board, based upon (i) its thorough review of the EAF, Part 1, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) its thorough review of the potential relevant areas of environmental concern of the proposed project to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 617.7(c), and (iii) its completion of the EAF, Part 2 and its determination at Part 3, including any findings noted therein (which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance ("NEGATIVE DECLARATION) in accordance with SEQRA for the above referenced proposed action, and determines that an Environmental Impact Statement will not be required; and it is further FURTHER RESOLVED that a responsible Officer of the Town of Lansing is hereby authorized and directed to complete and sign, as required, the determination of significance, confirming the foregoing Negative Declaration, which the fully completed and signed EAF and determination of significance shall be incorporated by reference in these resolutions. Dated: April 8, 2019 Motion by: Dean Shea Seconded by: Larry Sharpsteen VOTE AS FOLLOWS: Lin Davidson - Aye Al Fiorille — Aye Larry Sharpsteen — Aye Dean Shea - Aye Thomas Butler, Alternate — Aye Dale Baker, Alternate - Aye Jerry Caward, Chair - Aye Received and filed in the Lansing Town Clerk's Office on (seal) Debbie Munson Town Clerk Town of Lansing Tompkins County, New York Page 2 of 2 RESOLUTION PB 19-09 TOWN OF LANSING PLANNING BOARD RESOLUTION APPROVING TWO -LOT MINOR SUBDIVISION FINAL PLAT, 162 EAST LANSING ROAD, LANSING, NEW YORK WHEREAS, an application was made by Michael W. Baughman and Rochelle J. Baughman for a two -lot subdivision approval at No. 162 East Lansing Road, Lansing, New York, and otherwise known as Tax Parcel #20.4-24.221, consisting of a total of 77.335 acres in the RA (Rural Agriculture) Zone; and WHEREAS, the proposed subdivision, as shown on a "Survey Map - No. 162 East Lansing Road - Town of Lansing, Tompkins County, New York by T.G. Miller P.C. dated 10/30/2018 consists of Parcel A, measuring 2.194 acres and Parcel B, measuring 75.141 acres; and WHEREAS, the Planning Board has considered and carefully reviewed the requirements of the Town's local laws relative to subdivisions and the unique needs of the Town due to the topography, the soil types and distributions, and other natural and man-made features upon and surrounding the area of the proposed subdivision, and the Planning Board has also considered the Towns Comprehensive Plan and compliance therewith; and WHEREAS, a negative declaration of environmental impacts was duly issued under the State Environmental Quality Review Act (SEQRA) in respect of this action on April 8, 2019, 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 April 8, 2019, the Planning Board reviewed and considered the aforementioned subdivision application in the Lansing Town Hall, 29 Auburn Road, Lansing, New York 14882 and duly held a public hearing on the Minor subdivision application or its SEQRA review, and all evidence and comments were considered, along and together with the requirements of the Town's subdivision regulations, existing development in the surrounding area, the public facilities and services available, the Town's Comprehensive Plan and the Land Use Ordinance, site characteristics and issues, and any potential on and off site environmental impacts; and WHEREAS, upon due consideration and deliberation by the Town of Lansing Planning Board, now therefore be it Page 1 of 3 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 at 162 East Lansing 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 situated is in conformance with zoning and substantially similar to all other nearby lots. 2. The sealing and endorsement of such Minor Subdivision Final Plat by the Planning Board Chair, thereafter presenting and obtaining the signing of the plat by Tompkins County Assessment Department stamp followed by filing in the Tompkins County Clerk's Office, followed by provision of proof of such filing within the time limit requirements with the Town of Lansing Code Enforcement Office. 3. Submission of a plot plan for the newly approved lots when a building permit is sought, showing a proposed layout and dimensions of any proposed buildings, driveways, and other improvements, as well as a drainage plan with details sufficient to demonstrate that adequate drainage facilities can be provided to protect structures from flooding, standing water, or other potential drainage problems. April 8, 2019 Motion by: Al Fiorille Seconded by: Lin Davidson Page 2 of 3 VOTE AS FOLLOWS: Lin Davidson - Aye Al Fiorille - Aye Larry Sharpsteen - Aye Dean Shea - Aye Thomas Butler, Alternate - Aye Dale Baker, Alternate - Aye Jerry Caward, Chair - Aye Received and filed in the Lansing Town Clerk's Office on (seal) Debbie Munson Town Clerk Town of Lansing Tompkins County, New York Page 3 of 3