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HomeMy WebLinkAbout21-20 Hillcrest Road - Dormady Subdivision - Neg Dec, Preliminary & Final Subdivision ApprovalRESOLUTION PB 21-20 TOWN OF LANSING PLANNING BOARD RESOLUTION - STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) NEGATIVE DECLARATION AND PRELIMINARY AND FINAL MINOR SUBDIVISION APPROVAL - HILLCREST SUBDIVISION - DORMADY, HILLCREST ROAD/FOREST ACRES DRIVE, TAX PARCEL NO. 44: 14.2 WHEREAS, an Application was submitted for Subdivision review by Edward Dormady on behalf of Helen Krizek Dormady, Owner, for the proposed subdivision of the existing 25.20- acre parcel into two parcels: Parcel A, measuring 6.943 acres and vacant; and Parcel B,18.140 acres and vacant, Lansing, New York, also known as Tax Parcel Number 44.-14.2 in the Residential Low Density (R1) Zoning District; and WHEREAS, this is a proposed action reviewed under Town of Lansing Code § 235-6 Minor Subdivision, for which the application was received January 28, 2020 and updated submittals, including updated Subdivision Plat, were received May 13, 2021; and WHEREAS, 6 NYCRR § 617 of the State Environmental Quality Review Act ("SEQRA") requires that a Lead Agency be established for conducting environmental review of projects in accordance with local and state environmental law and the Lead Agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action; and WHEREAS, the Planning Board, being the local agency which has primary responsibility for approving the action, did on February 24, 2020 declare itself the Lead Agency for the environmental review; and WHEREAS, this proposed action is an Unlisted Action for the purposes of a State Environmental Quality Review Act ("SEQRA") review; and WHEREAS, the terminus of Forest Acres Drive is, in the area affected by subdivision, mainly still a "paper road" as no further development occurred along such roadway, nor along any of the adjacent roadways in such same area; and WHEREAS, on February 24, 2020, the Planning Board directed the Planning & Code Department to prepare a memorandum that considers options for this project's review in relation to the relevant policies in the 2018 Comprehensive Plan and the decision -making criteria and standards in the current Land Use Ordinance and Subdivision Rules and Regulations; and WHEREAS, a memorandum prepared by Director of Planning outlining five options was subsequently distributed to the Planning Board on April 3, 2020, who duly examined the older Page 1 of 4 potential roadway mappings of the Comprehensive Plan that called for extensive networks of roads in such area, which roads have never been built and are not now needed, and the Planning Board commissioned the Town Engineer to examine alternative highway planning in such area to reduce the number of roadways and connecting streets, as well as to reduce the amount of impervious cover and potential future stormwater in the area; and WHEREAS, a new highway plan was laid out and considered by the Planning Board and duly approved and referred to the Town Board on May 18, 2020, along and together with its recommendation that the Town Board approve the sale of this gore of land as it was no longer needed by the Town for any current or future public purpose, it saves a largely unnecessary ZBA application, and avoids the need to extend the roadway approximately 109 feet to mainly or only serve as access to one parcel upon which the above -referenced application denotes a plan to build a single-family residence; and WHEREAS, Town Board Resolution 20-118 approved the sale of said gore of land located and starting at the southerly highway line of Forest Acres Drive, thence southerly (approximately 109') to the Dormady boundary, is excess property for its full width of its prior dedication as a paper road (approximately 60'), and the Town of Lansing declared the same as excess and non - needed property for which there is no known current or future use, as such terms and requirements are construed under Town Law § 64(2); and WHEREAS, after receipt of written permission and consent by abutters at both 27 Forest Acres Dr and 28 Forest Acres Dr, respectively, on October 19, 2020, Highway Superintendent issued Order Discontinuing and Abandoning Terminus of Forest Acres Drive Under and Pursuant to New York Highway Law section 207 on November 3, 2020; and WHEREAS, this Board, acting as Lead Agency in environmental review, did on May 24, 2021, review and accept as adequate: drawing "Subdivision Map Showing Lands of Mary Krizek, Dorothy L. Krizek, Richard Krizek & Helen K. Dormady Located on Hillcrest Road, Town of Lansing, Tompkins County, New York;' prepared by T.G. Miller Associates, P.C. Engineers & Surveyors, and dated December 10, 2019 (revised 4/28/2021); a Short Environmental Assessment Form (SEAF), Part 1, and Agricultural Data Statement submitted by the Applicant, and Parts 2 and 3, prepared by Planning staff, reviewed and amended by the Planning Board as Lead Agency; and other application materials; and WHEREAS, this action is exempt from New York State General Municipal Law §239 -1, -m, and -n referral requirements 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 accessing a State or county road are excluded per an Inter -Governmental Agreement between the Tompkins County Planning Department and the Town of Lansing dated December 17, 2003; and Page 2 of 4 WHEREAS, the Planning Board has considered and carefully reviewed the requirements of the LUO relative to 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 Towri s 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: 1. That the Planning Board of the Town of Lansing determines the proposed project will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act for the action of Minor Subdivision approval for Town of Lansing Tax Parcel Number 44.4-4.2 for Edward Dormady on behalf of Helen Krizek Dormady, Owner. 2. The Planning Board of the Town of Lansing does hereby grant Preliminary and Final Minor Subdivision approval for Town of Lansing Tax Parcel Number 44. 1-4.22 as depicted in "Subdivision Map Showing Lands of Mary Krizek, Dorothy L. Krizek, Richard Krizek & Helen K. Dormady Located on Hillcrest Road, Town of Lansing, Tompkins County, New York," prepared by T.G. Miller Associates, P.C. Engineers & Surveyors, and dated December 10, 2019 (revised 4/28/2021), subject to the following conditions: a. The sealing and endorsement of such Minor Subdivision Final Plat by the Planning Board Chair or Vice Chairperson, 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 of 62 days with the Town of Lansing Planning & Code Enforcement Office. b. Obtaining any necessary curb-cut/work permits from the Town Highway Department for any connections with Forest Acres Drive. Dated: May 24, 2021 Motioned by: Tom Butler Seconded by: Dean Shea VOTE AS FOLLOWS: Sandra Dennis -Conlon - Aye Dale Baker - Aye Al Fiorille - Aye Page 3 of 4 Dean Shea - Aye Larry Sharpsteen - Aye Tom Butler - Aye Jerry Caward - Aye The Planning Board hereby directs clerk of the Planning Board to promptly, and within 10 days of the date of adoption of this Resolution, file a copy hereof in the Office of the Town Clerk of the Town of Lansing, who returns a date -stamped copy as received to clerk of the Planning Board, who files a hard copy and electronic copy and duly indexes in the Planning & Code Enforcement Department's Building/Property History System. Received in the Lansing Town Clerk's Office on Debbie Munson, Town Clerk Page 4 of 4 2 5 MAY 2021 Town of Lansing Tompkins County, New York