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HomeMy WebLinkAbout21-03 Special Permit Livestock - Asbury Rd SPRRESOLUTION PB 21-03 TOWN OF LANSING PLANNING BOARD RESOLUTION - PRELIMINARY AND FINAL SITE PLAN APPROVAL FOR FARMING - LIVESTOCK AT 416 ASBURY ROAD, TAX PARCEL NO.38.4-38 WHEREAS, an Application was submitted for Special Use Permit and Site Plan approval by Dean Shea, Applicant and Owner, for keeping of livestock on the existing 10.09-acre Tax Parcel No. 38.-1-38 (416 Asbury Rd), located partially in the Residential Low Density (R1) Zoning District and partially in the Residential Mixed Use (R3) Zoning District; and WHEREAS, this is a proposed action reviewed under Town of Lansing Code § 270-35(Q), § 270-36 (A) Special Conditions and Special Use Permits and § 270-36 Site Plan Review, for which the completed application was received November 17, 2020; and WHEREAS, this action was determined to be a Type II Action under 6 NYCRR 617.5(c)(4) of the State Environmental Quality Review Act ("SEQRA"); and WHEREAS, this Board did on March 22, 2021, review and accept as adequate: "Survey for Michael A. and Melanie A. Collier, Town of Lansing, County of Tompkins, State of New York" dated 6/26/1985 by George C. Schlecht; Short Environmental Assessment Form Part 1; Agricultural Data Statement; brief statement describing the project and Animal Waste disposal plan; correspondence with Tompkins County Health Department; and other application materials; and WHEREAS, 600 feet parcel notices were mailed on March 2, 2021 and the Town Board duly held a Public Hearing on March 17, 2021 on the Special Use Permit application wherein all evidence and comments were considered, along and together with the requirements of the Towri s Code, existing development in the surrounding area, the public facilities and services available, the Towri s Comprehensive Plan and land use regulations, and site characteristics and issues; and WHEREAS, this action is exempt from New York State General Municipal Law §239 -1, -m, and -n referral requirements as Special Use Permits for permitted accessory uses on residential lots are excluded per an Inter -Governmental Agreement between the Tompkins County Planning Department and the Town of Lansing dated December 17, 2003; WHEREAS, in accordance with Town Code § 270-36B(1), on December 22, 2020 the Planning Board passed a Motion RECOMMENDING TOWN BOARD AUTHORIZE SPECIAL USE PERMIT FOR FARMING - LIVESTOCK AT 416 ASBURY ROAD, TAX PARCEL NO.38.-1-38, FINDING THAT THE SPECIAL CONDITIONS OF § 270-35(Q) and GENERAL REQUIREMENTS 270-36(A) HAVE BEEN COMPLIED WITH; and Page 1 of 3 WHEREAS, on March 17, 2021 the Town Board authorized the Special Use Permit under Town Code § 270-36 (A), after a duly advertised public hearing, making the following findings for the aforementioned: (1) That the proposed land use or activity is to be located, constructed, and operated so that the public health, safety and general welfare will be protected; and (2) that the existence of the proposed land use or activity will not cause substantial injury to the value of other property in the surrounding neighborhood; (3) that adequate landscaping and screening is to be provided; and (4) that adequate off-street parking and loading is provided and the ingress and egress are so designed as to cause minimum interference with traffic on abutting roads; and (5) that the proposed land use or activity will not result in excessive erosion and will not increase the volume or velocity of surface water runoff onto abutting properties; and (6) that any proposed water and/or sewage disposal system is determined by appropriate jurisdictional authority to be adequate; and (7) that vibration, glare, odor, heat or noise anticipated from the proposed use can be mitigated; and WHEREAS, the Planning Board has considered and carefully reviewed the requirements of the LUO relative to site plan review and subdivision 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 as the underlying use is a permitted use in the zone in which located; and WHEREAS, upon due consideration and deliberation by the Town of Lansing Planning Board, now therefore be it RESOLVED as follows: That the Planning Board of the Town of Lansing does hereby grant Preliminary and Final Site Plan approval for Town of Lansing Tax Parcel Number 38.-1-38 for Farming - Livestock, subject to the following specifications and conditions: 1. In accordance with Town Code § 270-27(K), this site plan approval is valid for only 36 months from the date hereof, and the applicant/ owner is required to 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. The Special use permit shall expire within 12 months from the date of issuance (March 17, 2021) if the proposed land use activity has not been substantially implemented, as per Town Code § 270-36D. Page 2 of 3 Dated: March 22, 2021 Motioned by: Larry Sharpsteen Seconded by: Deborah Trumbull VOTE AS FOLLOWS: Tom Butler- Aye Norman L. Davidson- Aye Al Fiorille- Aye Larry Sharpsteen- Aye Dean Shea- Recused Deborah Trumbull- Aye , Jerry Caward- Aye Page 3 of 3