No preview available
HomeMy WebLinkAbout21-17 Cayuga Cliffs Subdivision- prelim + final - signedRESOLUTION PB 21-17 TOWN OF LANSING PLANNING BOARD RESOLUTION - STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) NEGATIVE DECLARATION AND PRELIMINARY AND FINAL MINOR SUBDIVISION APPROVAL - CAYUGA CLIFFS SUBDIVISION, 735 RIDGE ROAD, TAX PARCEL NO. 25. 1-5 WHEREAS, an Application was submitted for Subdivision review by Max Heitner of Finger Lakes Land Trust, Applicant, for William and Jean Lee Sims, Owners, for the proposed subdivision of the existing 235.09-acre parcel into two parcels: Parcel A (199.46 ac) intended as publicly -accessible nature preserve, and Parcel B (44.54 ac) with existing residence at 735 Ridge Road, Lansing, New York, also known as Tax Parcel Number 25. 1-5 in the Mixed -Use Residential (0) Zoning District; and WHEREAS, the action also includes the merging of adjacent parcel 25: 1-26.5 (4.31 ac) to be consolidated as part of the overall subdivision plat; and WHEREAS, this is a proposed action reviewed under Town of Lansing Code § 235-6 Minor Subdivision, for which the respective completed applications were received April 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 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 April 26, 2021 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), Tompkins County Health Department, Town of Lansing Fire Department, Town of Lansing Highway Department, Tompkins County Department of Planning & Sustainability, NYS Department of Transportation, NYS Office of Parks, Recreation and Historic Preservation (NYSOPRHP Project #93618) on May 12, 2021; and WHEREAS, letter from NYSOPRHP dated May 19, 2021 expressed no objections to the Town of Lansing Planning Board assuming lead agency status for SEQRA purposes, and equivalent letter from NYSDOT Region 3 dated May 14, 2021 also recommended that "the Finger Lakes Land Trust inform Ithaca Central Railroad (prior Norfolk Southern Railroad) of this proposal, as we believe the Railroad may be a stakeholder in this action"; and WHEREAS, the Planning Board did on May 24, 2021, review and accept as adequate: "Survey Map: Showing Lands of William & Jean Sims Located at No. 735 Ridge Road - N.Y.S. Rte. 34B, Town of Page 1 of 4 Lansing, Tompkins County, New York," prepared by T.G. Miller Associates, P.C. Engineers & Surveyors; "Subdivision Plat Showing Lands of William & Jean Sims Located at No. 735 Ridge Road - N.Y.S. Rte. 34B, Town of Lansing, Tompkins County, New York," also prepared by T.G. Miller Associates, P.C. Engineers & Surveyors, and also dated December 3, 2020; Agricultural Data Statement; and other application materials; and WHEREAS, the aforementioned property at Tax Parcel 25: 1-6 in the Town of Lansing has been recognized by Tompkins County Department of Planning & Sustainability as a conservation priority area as it encompasses two County -designated Unique Natural Areas (UNA-24 Lake Cliffs North of Myers Point and UNA-25 Hidden Glens, respectively) as well as the Lakeshore Natural Features Focus Area; 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 May 21, 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 with no recommendations or comments; and WHEREAS, Town Board Resolution 19-108 on July 17, 2019 endorsed and supported the FLLT's 2019 Consolidated Funding Application to the New York State Office of Parks, Recreation, and Historic Preservation (OPRHP) for a grant under the Environmental Protection Fund; and WHEREAS, the 2018 Town of Lansing Comprehensive Plan Natural Resource Goals NR-2D and 2E, respectively, are to "Encourage funding mechanisms such as the Purchase of Development Rights (PDR) or fee simple land purchase to acquire or preserve important natural areas or open space" and "Encourage private property owners to establish conservation easements to protect environmentally sensitive lands and open space"; and WHEREAS, this land in the Town of Lansing is a Priority Protection Area as identified in the Tompkins County Conservation Plan and would protect over 4,300 feet of lake frontage along with a significant portion of Tompkins County Scenic Resources Inventory's Noteworthy View #1: view of the Cayuga Lake shoreline from Taughannock Falls State Park; and 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 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 Page 2 of 4 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 approvals for Town of Lansing Tax Parcel Number 25.4-5 for Max Heitner of Finger Lakes Land Trust, Applicant, on behalf of William and Jean Lee Sims, 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 25.4-5 as depicted in "Subdivision Plat Showing Lands of William & Jean Sims Located at No. 735 Ridge Road - N.Y.S. Rte. 34B, Town of Lansing, Tompkins County, New York," prepared by T.G. Miller Associates, P.C. Engineers & Surveyors, dated December 3, 2020 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. Documentation from Applicant demonstrating execution and filing of Deed of Conservation Easement granted by and between William Riley Sims Jr. and Jean Lee Sims, together the "Owner" having an address at 735 Ridge Road, Lansing, NY 14882, and The Finger Lakes Land Trust, Inc. (the "Holder'), a New York State not -for -profit corporation, having an address at 202 East Court St., Ithaca, NY,14850, 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. c. Replacement of existing culvert at 735 Ridge Road to facilitate fire protection, and to provide access of firefighting equipment, to the specification of the Lansing Fire Department demonstrating adequate emergency response access. & 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 this approval by the Planning Board. e. 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. Dated: May 24, 2021 Motioned by: Dale Baker Seconded by: Larry Sharpsteen VOTE AS FOLLOWS: Sandra Dennis Conlon- Aye Dale Baker- Aye Al Fiorille- Aye Larry Sharpsteen- Aye Dean Shea- Aye Page 3 of 4 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 ,ram I'd . , Debbie Munson, m �_U� Town Clerk Town of Lansing Tompkins County, New York Page 4 of 4