No preview available
HomeMy WebLinkAbout19-01 Finger Lakes Marina Conditonal SPR ApprovalRESOLUTION PB 19-01 RESOLUTION CONDITIONALLY APPROVING LIMITED FINGER LAKES MARINA SITE PLAN IMPROVEMENTS WHEREAS, an application was made by Finger Lakes Marine Services, together with John Andersson, PE, as agents for owners, for site plan approval for the proposed site improvements and building construction at the Finger Lakes Marina, 26 and 44 Marina Drive, Lansing, New York, also known as TPN 33.4-67 and 33.4-60, as located in the L1-Lakeshore Zone with both parcels consisting of approximately 13.95± acres; such proposed site improvements to include additional building improvements, shoreline and marina improvements, septic and water system improvements, and landscaping and lighting improvements (the "Project"); and WHEREAS. John Andersson, P.E. having completed an updated Stormwater plan and review for considering the additional impacts of 0.91± acres of disturbance for the development on the combined sites, and the same having been reviewed and approved as sufficient under state and local stormwater requirements by Storm Water Management Officer; and WHEREAS, the Project addresses both existing and proposed changes to an existing allowed and permitted use in the L1 Lakeshore Zone, subject to obtaining site plan approval from the Planning Board, and in furtherance of such review the Planning Board did consider 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 Project, and the Town has also considered the Towri s Comprehensive Plan and compliance therewith; and WHEREAS, a Negative Declaration was duly issued by the Planning Board pursuant to SEQRA; and WHEREAS, General Municipal Law § 239 County Planning referrals were sent to Tompkins County and, by letter dated June 13, 2018 County Planning determined that the proposed action has no negative inter -community or county -wide impacts and informally recommended recognition and protection of an identified wetland in the area and consideration of onsite camping facilities given Project proximity to the Cayuga Lake Blueway Trail Plan; and WHEREAS, the subject wetland had already been located and was determined to be offsite, but the Planning Board required stormwater and site planning reviews to help ensure that there were not detrimental offsite impacts to such wetland, and further the Planning Board did consider tourist lodging and made provision for the same per the developer's plans, which did not include camping, which is noted as available to the immediate north in Myers Park; and WHEREAS, on June 25, 2018 the Planning Board duly scheduled and held public hearing on the Project, the application, and the environmental impacts thereof, which public hearing was continued to October 22, 2018, and all comments and evidence submitted at each thereof was duly considered, and upon December 17, 2018 the Planning Board also reviewed and considered the aforementioned site plan application in the Lansing Town Hall, 29 Auburn Road, Lansing, New York 14882 and received additional public comments; and Page 1 of 5 WHEREAS, the Planning Board has duly considered the proposed site plan in accordance with the provisions of the Town of Lansing Land Use Ordinance Section 701.4 et seq., including consideration of site characteristics, site lighting, nearby residences, landscaping, parking, and screening, and any potential on and off -site environmental impacts, and upon due consideration and deliberation by the Town of Lansing Planning Board, NOW THEREFORE BE IT DETERMINED AND RESOLVED AS FOLLOWS: 1. This site plan approval applies only and exclusively to the individually listed and expressly herein approved site plan features and improvements as set forth in these resolutions, as set forth below, and no other approvals are intended or implied merely because some improvement, change, or other matter is referenced in file materials or upon any current or prior site plan maps and related Project drawings. 2. If any of the improvements approved and listed below are not substantially commenced within 3 years of the date of this approval, such approval(s) shall lapse and be of no force and effect in accord with the Towri s Land Use Ordinance. Any items, site changes, improvements, or building changes not herein specifically approved, and any of the same that are herein approved but which approval(s) lapse per paragraph 2, above, shall require a full site plan review per the Towri s Land Use Ordinance. 3. Conditional final site plan approval be and hereby is granted in relation to the following Project elements, subject in each and all cases to the conditions and limitations set forth below and elsewhere in these resolutions: a. Main Building addition measuring 30'x32'. b. Porch addition measuring 10'x32'. c. Ice machine expansion. d. Laundry Room addition. e. Temporary building to be converted to a permanent building. f. Construction of a Fabric Barn measuring 35x60'. g. 10'x12' addition to house at 26 Myers Road. h. Construct a Storage Shed measuring 30'x120', with opening facing towards the marina. i. Construct three 10'x10' shelters. j. Construct or emplace four permanent 16'x32' seasonal use cabins, usable only between March 15th through November 15th, annually. No cabins shall have bathrooms or kitchens/food processing facilities, and they shall at all times be U-classed buildings. k. Install 6-foot high wooden Fencing covering sufficient distance along easterly boundary with Ruoff (R.O.) as to shield such property from light and glare, with such fence to be a minimum length of 75' in a location as approved by the Town or as set forth specifically in the final site plan mappings. 1. Relocation of existing entrance sign, and all existing and future signs shall comply with the Towri s sign local law, unless variances shall be issued therefor. m. Construct or relocate fire pits, but none shall be installed or used within 50' of any property line as designated upon the final site plan mapping. Page 2 of 5 n. Installation of vegetative buffering as required on the final site plan mapping, including at the westerly boundary as drawn on the said mappings to buffer and shield the Banfield (R.O.) property from noise and light. o. Installation of up to 6 additional RV (recreational vehicle) sites, subject to Tompkins County Health Department Permits and approvals for the same, including compliance with all permit conditions and renewal requirements. p. Water system and septic improvements as shown upon the final site plan mapping, subject to, in each case, Tompkins County Health Department Permits and approvals for the same, including compliance with all permit conditions and renewal requirements. q. Channel and inlet dredging, subject to permitting and approvals from the Army Corps of Engineers and the New York State Department of Environmental Conservation, and compliance with all permit and restoration conditions. r. Development, repair, and reconfiguration of docks and seawalls, subject to: (i) all permitting and approvals from the Army Corps of Engineers and the New York State Department of Environmental Conservation, and compliance with all permit and restoration conditions; and (ii) a project development and sequencing plan showing final layouts and construction methodologies as comply with stormwater requirements and as are consistent with the final site plan mapping layouts and designs, each and all as to be determined by the Towri s Stormwater Management Officer. This approval specifically and only includes the reconstruction and realignment of Docks, #17-23, #31, #58, #63, and #81-89, and repairs and replacement of adjacent boardwalks, as needed. s. Regrading and filling the west property with dredge spoils, to be covered with at least 4" of topsoil and planted with willow shrubs (2-gallon container sizes, minimum) and at least two maple trees with 2.5" trunk diameters, measured 4' above final elevation ground surface. Final planting must be done within 6 months. t. Lighting improvements include: (i) the additional of three pathway lights, with black metal shielding to prevent glare and light spillage, along the westerly pathway, with such shields to be a minimum of 12"x12"; (ii) IDSA-compliant lighting fixtures to be installed over the pedestrian bridge, to include illumination of the water access with the 15-foot light pole being required to have an installed light shield to reduce light emissions and trespass to the properties to the west; and (iii) a new NYSEG street light to be installed at the northwesterly corner of the Project. u. Signage and parking restrictions shall be maintained and enforced to prevent blocking of access to the westerly property. All parking areas shall meet the following requirements: (i) if not improved and located only upon grass or other natural surfaces, silt fencing, berms, or other improvements shall be installed and maintained to prevent sediment from washing into surface waters; and (ii) if improved with gravel or other permeable or impervious surfaces or treatments, such improvements and the precise location of such parking areas shall require additional, future site plan review approvals prior to the installation or siting of the same. v. Locating and installing screening and visual buffering for dumpsters and similar facilities. The rules below regarding screening and fencing maintenance shall apply to these buffers and screens. Page 3 of 5 4. All buildings, structures, improvements that require building permits shall comply with applicable NYS building, energy, and fire codes, and such building permits shall be properly obtained prior to commencement of ground clearing or construction. All improvements and construction shall also comply with all listed permit conditions and this site plan approval and its conditions. No building permits for the construction of any building or structure shall issue until after: (i) all required health department or other governmental permits have been duly issued. No certificates of occupancy, or certificates or letters of compliance, shall be issued until all building permits have been properly closed and all required water systems and septic systems are duly installed, inspected, and in a proper functioning condition. 5. All new habitable buildings shall be built in accordance with Lansing Local Law # 9 of 2016, regarding Flood Damage Prevention and Flood Management and Construction, as practicable, including in accord with applicable building codes and determinations under such local law by the enforcement and code officers charged with administration and enforcement of the same. 6. All future buildings and improvements shall meet the designs and renderings as delivered to the Planning Board, and all such new buildings and improvements shall meet other designated site plan criteria as approved, including downcast or Dark Sky lighting elements, the protection and maintenance of lake and stream buffers, pathways, playground, plantings and buffer characteristics (including plant specifications and maintenance protocols), and such other guidelines as set forth herein and in the final site plan mappings submitted to and approved by the Planning Board as a part of this approval, being mappings entitled "FINGER LAKES MARINE SERVICES at 44 MARINA ROAD, tax parcel 33.-1-67 & 33.-1-60 Town of Lansing, County of Tompkins," as drawn by John M. Andersson, P.E. (#015610), dated December 17, 2018 (Project #A117-110, Sheets 1 and 2). 7. No trees or existing vegetative or man-made screening or buffers shall be removed until their replacements are on site and ready to be installed, and such installation shall occur contemporaneously with removal. Completion of the site plan improvements shown, as vegetative and manmade buffering shall meet the following goals and requirements, both as built and as maintained: (a) all screening and buffering shall be designed to provide both visual cover buffering and sound baffling features, and when not otherwise herein described, buffers shall be designed to thus emphasize solid cover barriers, such as hedges and offset rows of evergreen trees, or large or densely placed deciduous trees with variable heights interspersed with evergreens or other plants as provide for such cover and buffering; and (b) developer and landowner(s), as an express condition of site plan approval (the violation of which shall be a violation of the Land Use Ordinance and Town Law § 135, and enforceable as such), shall hereafter and at all times: (i) properly protect and maintain such trees and other vegetative buffers as healthy and natural non-invasive vegetation designed to provide both visual and sound buffering; (ii) promptly remove and replace any dead, diseased, or dying trees or plants; (iii) promptly replace, supplement, enhance, or otherwise effect changes in screens and buffers whenever such screens or buffers, or any plants therein, whether singularly or in combination due to lack of growth, death, recession, disease or other cause, cease to function as screens or buffers as afore -required; and (iv) effect such maintenance in a manner as promotes the goals of such screening and buffers as stated in this site plan approval. Page 4 of 5 8. A copy of this resolution shall be delivered to the Tomkins County Department of Planning and Sustainability as a report upon final action and an explanation as to the Town's decisions relative to GML § 239 recommendations, as required by GML § 239-m(d)(6). Dated: January 14, 2019 Motioned by: Larry Sharpsteen as modified Seconded by: Dean Shea VOTE AS FOLLOWS: Sandra Dennis -Conlon - Aye Al Fiorille - Aye Larry Sharpsteen - Aye Dean Shea - Aye Deborah Trumbull - Abstained Thomas Butler, Alternate - Aye Jerry Caward - Aye Page 5 of 5