HomeMy WebLinkAbout19-17 Osmica - Emmons Roadr�ncnc#, n 1 �d0..n RESOLUTION PB 19-17 RESOLUTION APPROVING AND ISSUING FINAL SITE PLAN APPROVAL FOR "OSMICA - SPRING TRAIL FARM, LLC - 59 EMMONS ROAD WHEREAS, an Application was submitted by Kurt Martin of OSMICA, LLC also of Spring Trail Farm, LLC for site plan approval for the proposed construction of site improvements at an existing residential and barns buildings located at 59 Emmons Road, Lansing, New York, also known as TPN 23.-1-6.32, located in the RA - Rural Agriculture Zone and consisting of approximately 19.01± acres, and such proposal more specifically will use the existing house as a Bed and Breakfast and convert the existing barn to an Banquet Hall / Reception Venue with additional parking area; and WHEREAS, the Planning Board did hold a Public Hearing on this proposed action on January 28, 2019, February 25, 2019, March 11, 2019, and March 25, 2019 to receive comments and input from the neighbors and residents and held the public hearing open to accept additional comments; and WHEREAS, this proposed action is an Unlisted Action for which the Town of Lansing Planning Board duly issued a Negative Declaration of environmental impacts under SEQRA on May 13, 2019; and WHEREAS, a General Municipal Law § 239 referral was delivered to, and a review dated January 2, 2019 was received from the Tompkins County Department of Planning & Sustainability, which officially commented that "No Negative inter -community or county -wide impacts" will result for this proposed project; and WHEREAS, a stormwater review considered the additional impacts of the total new impervious surface being installed (30,042 sf for new parking, driveway widening, and walks, and a total of 8,464 sf of additional area will be disturbed and regraded/seeded as a result of installing the septic system, utility entrances, and drainage swale from the new parking area) which amounts to a total disturbance of 38,506 sf, or .88 acres., which is below the threshold for review under the Towns Stormwater Local Law; and WHEREAS, the Planning Board has again considered and carefully reviewed the requirements of the Land Use Ordinance relative to site plan review, the unique needs of the Town due to the topography, the soil types and distribution, and other natural and man-made features upon and surrounding the area of the proposed site plan, and the Planning Board has also considered the zoning in the area and the project in light of the Towns Comprehensive Plan and compliance therewith, and the Planning Board has again reviewed and considered the aforementioned amended site plan application and determined the fact that no new stormwater controls or permanent practices are triggered, as no SEQRA or 239 impacts were found, as the use is a permitted as of right use within the Zone, and as the site plan utilizes an already existing site; and WHEREAS, on April 8, 2019 and April 22, 2019 the Planning Board duly considered the proposed site plan in accordance with the provisions of LUO § 701.4 et seq., including concerns addressing site drainage, lighting, nearby residences, landscaping, parking, buffering, screening, driveways, and any potential on and off site environmental impacts, and upon due consideration thereupon and deliberation by the Town of Lansing Planning Board, now therefore be it Page 1 of 3 RESOLVED, that the OSMICA - Spring Trail Farm, LLC site plan application for the proposed site plan and landscape improvements located at 59 Emmons Road, Lansing, New York, be and hereby is granted and approved for a period of 36 months from the date of this resolution, subject to the following conditions: 1. In accord with LUO § 701.10, this site plan approval is valid for only 36 months from the date hereof, and the applicant/owner is required commence and substantially complete the construction or other activities for which the site plan is applicable within said 36 months or this approval shall, unless extended upon application timely made, expire, lapse, and be of no further validity, force or effect. 2. Site plan approvals shall include the application materials, as depicted in "Osmica at Spring Trail Farm" Site Plans A & B, version 1.8, both dated 04/29/2019 which documents the proposed ground disturbance, temporary tents, septic fields, parking lot, walkways and drainage, solar panels by and sketches and illustrations as submitted. All lighting fixtures will be "dark sky compliant." Light poles installed in the parking lot will be no taller than 12 feet. The parking lot light lamps will be in 3,000 degree Kelvin or less. 3. Applicant and site users will continue to utilize the existing driveway entrances from Emmons Road and create an additional new 72 car parking lot and currently has an additional 11 parking spaces of which 4 accessible parking spaces, 3 garage parking stalls and accessible walkways. 4. Building Permits will be required to construct the approved building improvements and such plans must meet all applicable State of New York code requirements, including the sealing of plans by a licensed engineer or architect, and be constructed in compliance with all building code requirements. The Code Enforcement Officer will determine the building occupancies when the final building plans are reviewed according to the current regulations. 5. The applicant will be required to obtain Bolton Point water permit for a new water service and meter to connect to the existing Consolidated Water District Mains, as well as Tompkins County Health Department On -site Wastewater System permit, both as pre -conditions to obtaining any building permit and a Certificate of Occupancy ("CO"). 6. Town of Lansing Highway Work Permit will be required for the proposed driveway to the parking lot area. This will be in compliance with the Town of Lansing Highway design specifications and approved by the Highway Department. There shall be no on -street parking permitted along Emmons Road. 7. No fireworks shall be allowed unless 5-days' advance notice of such event is provided to the Town. In addition, the applicant has agreed to send notification to neighbors who have provided the town with contact information and have been asked to be notified by e-mail at least 15 days in advance of a fireworks event. All displays and events shall comply with the most current New York State rules for fireworks displays, and each event shall require a permit from the Town as provided for by law, including but not limited to the requirements of Penal Law § 405.00, et seq., the regulations Page 2 of 3 of the State of New York, including but not limited to 12 NYCRR Part 61, and NFPA 1123 and 1126, each as now written or hereafter amended or recodified. 8. The owner will reside in the Bed and Breakfast whenever it is being used in that capacity according to the current Bed and Breakfast Land Use Ordinance definition. 9. All existing vegetative buffers (including as shown on the updated site plans described above) shall be maintained as healthy and natural non-invasive vegetation designed to provide both visual and sound buffering. Existing and any new vegetation shall be properly maintained and any dead, diseased, or dying trees or plants shall be promptly replaced, and any tree or plants that, whether singularly or in combination, due to lack of growth, death, recession, disease or other cause, cease to function as buffers shall be replaced in a manner as promotes the goal of such buffer as stated in this site plan approval. This condition shall be deemed to augment and further define prior site plan approval conditions and site plan features hereby or heretofore approved by the Town. 10. The applicant agrees to end amplified music at 11 pm. 11. The applicant must be issued a Sign Permit in compliance with the Town's Sign Local Law (#1 of 2014) in order to erect, install, build, place, emplace, site, or substantially rebuild or repair any Sign. 12. The applicant agrees to abide by the supplemental information given by the developer in a letter dated April 23, 2019 to the Planning Board regarding site plan modifications discussed at the April 22, 2019 meeting. May 13, 2019 Motioned by: Al Fiorille Seconded by: Larry Sharpsteen VOTE AS FOLLOWS: Sandra Dennis Conlon - Nay (was yes with reservations) Norman L. Davidson - Nay Al Fiorille -Aye Larry Sharpsteen - Aye Dean Shea - Aye Deborah Trumbull - Aye Gerald Caward, Jr. - Aye Received and filed in the Lansing Town Clerk's Office on May 15, 2019 Debbie Munson Town Clerk Town of Lansing Tompkins County, New York Page 3 of 3