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HomeMy WebLinkAbout21-05 Dollar General Neg Dec, Preliminary & Final Site Plan Approval, Preliminary & Final Subdivision ApprovalRESOLUTION PB 21-05 TOWN OF LANSING PLANNING BOARD RESOLUTION - STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) NEGATIVE DECLARATION AND PRELIMINARY AND FINAL SITE PLAN APPROVAL AND PRELIMINARY AND FINAL MINOR SUBDIVISION APPROVAL - DOLLAR GENERAL RETAIL STORE, SITE PLAN REVIEW AND MINOR SUBDIVISION, AUBURN RD, TAX PARCEL NO. 5. 1-32 WHEREAS, an application was made by Steve Vukas, Bohler Engineering MA, LLC on behalf of Franklin Land Associates, LLC, Owners, for construction of a 9,100 sq. ft. retail store with parking and other site improvements and subdivision of the existing 5.729-acre parcel, Lansing, New York, TPN 5.- 1-32, located in the Rural Agricultural (RA) Zoning District; and WHEREAS, this is a proposed action reviewed under Town of Lansing Code § 270-27 Site Plan Review and § 235-6 Minor Subdivision, for which the respective completed applications were received August 28, 2020; 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 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 October 26, 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 the Lead Agency is conducting a coordinated review; and WHEREAS, Notice of Intent to declare Lead Agency was distributed to NYS Department of Environmental Conservation (DEC), NYS Department of Transportation (DOT), Tompkins County Health Department on November 6, 2020; and WHEREAS, letter from NYSDOT Region 3 dated November 23, 2020 expressed no objections to the Town of Lansing Planning Board assuming lead agency status for SEQRA purposes and equivalent correspondence was received from Tompkins County Health Department on February 3, 2021; and WHEREAS, legal notice was published on February 16, 2021 and adjacent property owners within 1200 feet were notified by mail on February 16, 2021, and pursuant to Town Code § 270-27(F); and WHEREAS, a public hearing was duly held before the Planning Board upon February 22, 2021, and the public was duly allowed to speak upon and address the proposed Subdivision and Site Plan, including the SEQR environmental review thereof, whereafter the Planning Board considered approval of the Subdivision and Site Plan upon receipt of final stormwater input and SWPPP updates, all including and in accordance with the provisions of the Town Code § § 270-27(D); et seq., and including Page 1 of 4 concerns addressing site drainage, lighting, nearby residences, landscaping, and buffering/screening, driveway and any potential on and off site environmental impacts; and WHEREAS, the Tompkins County Department of Planning and Sustainability, Tompkins County Highway Department, and Town of Lansing Highway Department were given the opportunity to comment on the proposed action; and WHEREAS, Project plans, and related information, were duly delivered to the Tompkins County Planning and Sustainability Department per General Municipal Law § 239; et seq., and such Department responded in a March 18, 2021 letter from Katherine Borgella, Tompkins County Commissioner of Planning, pursuant to §239 -1, -m, and -n of the New York State General Municipal Law recommended the following modification of the proposal: • We recommend the Town require the applicant to document that they have considered the four energy elements for new construction projects outlined in the attached Tompkins County Energy Recommendations for New Construction (2018). By addressing these elements, new construction projects can be designed to help meet our County's goals of reducing greenhouse gas emissions. 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 Town'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 Minor Subdivision and Site Plan approvals for Town of Lansing Tax Parcel Number 5. 1-32 for Steve Vukas, Bohler Engineering MA, LLC on behalf of Franklin Land Associates, LLC, Owners. 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 5.4-32 as depicted in "Subdivision Map of the Lands of Lance McDermott, Brett McDermott & Kelli Jo McDermott- Todi" NYS Route 34, Town of Lansing, Tompkins County, N.Y.," prepared by Ausfeld & Waldruff Land Surveyors LLP, dated September 14, 2020 subject to the following condition: 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. Page 2 of 4 3. That the Planning Board of the Town of Lansing does hereby grant Preliminary and Final Site Plan approval for Town of Lansing Tax Parcel Numbers 5. 1-32 for Steve Vukas, Bohler Engineering MA, LLC on behalf of Franklin Land Associates, LLC, Owners, which includes all parking layouts, screening, dark sky lighting, and other site conditions listed in Site Plan as shown in and upon the Drawing Sheets titled: Cover Sheet C-101 (revision 2/12/2021); General Notes Sheet C-102 (revision 2/12/2021); Demolition Plan C-201 (revision 2/12/2021), Site Layout Plan C-301 (revision 2/12/2021), Grading and Drainage Plan C-401 (revision 2/12/2021); Utility Plan C-501 (revision 2/12/2021); Erosion and Sediment Control Plan C-601 (revision 2/12/2021) and Notes and Details C-602 (revision 2/12/2021); Landscape Plan C-701 (revision 2/12/2021) and Notes and Details C-702 (revision 2/12/2021); Detail Sheets C-901, C- 902, C-903 (revision 2/12/2021) prepared by Bohler and W.D. Goebel Professional Engineers, respectively, and Lighting / Photometric Plan prepared by LEDS, LLC (dated 2/18/2021; 3/30/2021 revision per condition h) below); "Dollar General I Exterior Elevations I Option B" prepared by RDL Architects, and dated 3/10/2021 subject to the following conditions: a. Compliance with the recommendations of the Towri s Engineer and SMO for any final stormwater plans and the terms of the approved final Stormwater Pollution Prevention Plan (SWPPP) for the developed site, and proper completion of all stormwater reports, permits, and facilities in a form and manner as approved by the Town and NYSDEC, including execution and filing of Stormwater Operating, Management, and Reporting Agreement ("SOMRA") in the form as set forth pursuant to Town Code § 225-8(D), which executed and filed SOMRA (and any supporting easements) is required to be submitted to the SMO prior to the issuance of any certificate of occupancy or compliance for the Project. b. Building Permits are required to construct the approved building and site facilities. Plans must meet all code requirements, including the sealing of plans by a licensed engineer or architect. All improvements shall be constructed in compliance with all state and local building code requirements. c. The applicant will be required to obtain i) a Bolton Point water permit for a new water service and meter to connect to the existing Consolidated Water District Mains, and ii) a Tompkins County Health Department Onsite Wastewater Treatment System (OWTS) permit. Both permits shall be obtained prior to obtaining any building permit or Certificate of Occupancy ("CO"). d. 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. e. Compliance with curb cut and NYSDOT permit conditions and requirements, including receipt of final NYSDOT approval or permit close-out for any curbing or driveway, culvert, or related land use designs or improvements as may be emplaced upon or adjacent to any existing highway right-of-way or public highway. Modification of vehicular ingress and egress requires modification of Site Plans, and this approval, by the Planning Board. f. The applicant must be issued a Sign Permit in compliance with Town Code Chapter 210 to erect, install, build, place, emplace, site, or substantially rebuild or repair any signs. Page 3 of 4 g. All plantings (including as shown on the 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. h. All lighting fixtures will be "dark sky compliant" glare -free, downward directed, and shielded lighting as promotes the dark -sky standards of the International Dark -Sky Association (IDA) and lamps will be not higher than 3000K CCT to minimize adverse human and ecological impacts. i. Documentation from Applicant demonstrating consideration of the four energy elements for new construction projects outlined in the Tompkins County Energy Recommendations for New Construction (2018). Dated: March 22, 2021 Motioned by: Norman Lin Davidson Seconded by: Al Fiorille VOTE AS FOLLOWS: Tom Sutler -Nay Norman Lin Davidson -Aye Al Fiorille- Aye Larry Sharpsteen-Aye Dean Shea- Nay Deborah Trumbull- 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 Town of Lansing Tompkins County, New York Page 4 of 4