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HomeMy WebLinkAbout2011-06-10 c�� e... 1 Rachel Jacobsen From : Lorraine Moynihan Schmitt [Ischmitt@thalerandthaler. com] Sent: Friday, June 10 , 2011 1 : 03 PM To : ' Rachel Jacobsen ' ; ' Lin Davidson ' ; 'Jeff Overstrom ' Subject: 6- 13-2011 Resolutions Attachments : Site Plan Approval- Expansion of R & J Self Storage 6- 13-2011 . doc ; SEQR ND- R & J Self Storage Expansion 6- 13-2011 . doc Greetings, Proposed resolutions on the R & J Mini Self-Storage Expansion attached . Supermajority vote required on any deviation from the recommendations in the County' s 239 review (which are included in proposed conditions in the approval resolution) . I thought Larry Fabbroni did a good job on the initial PDA application materials for the proposed Village Solar PDA, so they should be set for feasibility conference on the 13th . The board should be prepared to discuss potential conditions of approval and discuss the scope of the Applicant' s Intent to Comply with those discussed Conditions (Land Use Ordinance Section 706 . 3 . 7) . I am not planning on attending the June 13th meeting. Have a great weekend . Best, Lorraine Lorraine Moynihan Schmitt, Esq. Partner, Thaler & Thaler 309 North Tioga Street P.O. Box 266 Ithaca, New York 14851 -0266 Telephone: (607) 272-2314 Facsimile: (607) 272-8466 Confidentiality Notice: The information contained in this email message may be legally privileged and contain confidential information, and is intended only for the use of the individual or entity to whom it is addressed . If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this message is strictly prohibited. If you have received this email in error, please immediately notify us by telephone (607-272-23H), by fax (607-272-8466), or by return email and delete this message. If you have not formally retained this firm for legal services, then we are not your attorneys and neither this communication nor any attachments hereto constitute the provision of legal services or the establishment or confirmation of an attorney-client relationship. • 1 0 ( i l l/1 c°'• \\yf\ RESOLUTION No. 2011- RESOLUTION OF THE LANSING PLANNING BOARD APPROVING THE R & J MINI SELF STORAGE EXPANSION SITE PLAN WHEREAS, Richard C. Jones, Jr. (" Applicant" ), has submitted, for consideration and approval from the Lansing Planning Board, a Site Plan for the proposed expansion of the existing R & J Mini Self Storage business facility located at 1947 East Shore Drive, Lansing, New York, Tax Map Parcel # 37.1-8 .2 said expansion to be located on an adjacent .31 + / - acre parcel, owned by the Applicant and located at 1953 East Shore Drive, Lansing, New York and otherwise known as Tax Map # 37.-1 -8 .1 within the B2 Zoning District; and WHEREAS the proposed expansion seeks approval of construction of an additional 42 foot by 65 foot storage building for expanded storage of boats, cars and RVs (said storage to be outdoor storage pending building construction), to be located at 1953 East Shore Drive, Lansing, New York and otherwise known as P/ O Tax Map # 37.-1 -8 .1 within the B2 Zoning District; and WHEREAS, this action is classified as an Unlisted Action, pursuant to 6 NYCRR Part 617 et seq. of the State Environmental Quality Review Act, which requires environmental review of the impacts of the project; and WHEREAS, the Interested and Involved Agencies were duly notified of the project, and invited to commentthereon; and the requisite General Municipal Law 239 Referral(s) of GML Article 12-B were duly effected by Town of Lansing Planning Department and any comments received from the Tompkins County Planning Department and any Involved/ Interested Agencies were duly reviewed and considered by the Planning Board; and WHEREAS, by correspondence dated June 6, 2011 , the Tompkins County Planning Department has offered the following formal recommendations pursuant to GML §239 -1 and -m: • As the proposed building is located along the heavily traveled Cayuga Lake Scenic Byway (Route 34), sufficient landscaping should be required in order to be visually appealing from the Byway . Additionally, any associated signage should be designed so as to not detract from this scenic corridor. • Access should be provided off Atwater Drive to minimize curb cuts on the State Highway; and WHEREAS, any decision by the Planning Board not to incorporate the above Tompkins County Planning Department formal recommendations for the above modification of the expansion proposal would require a supermajority vote of the entire Planning Board (majority plus one); and WHEREAS, at the Lansing Planning Board Meeting, held on June 13, 2011 at the Lansing Town Hall, the Planning Board reviewed the overall Site Plan for proposed expansion; and WHEREAS, on June, 13, 2011 , the Planning Board determined to waive public hearing on both the SEQRA review and overall site plan review, due to non-complexity of the application and lack of public controversy associated with the proposal; and WHEREAS, on June, 13, 2011, the Planning Board, acting on a uncoordinated environmental review, reviewed and accepted, as adequate, a short form Environmental Assessment Form (' EAF") Part I, submitted by the Applicant; and the I r- a Lansing Planning Board completed Part II on the record (and, if applicable, Part III of the EAF); and WHEREAS, by resolution adopted June 13 2011 the Town of Lansing Planning Board determined that, pursuant to the provisions of the State Environmental Quality Review Act, the proposed site plan will result in no significant impact on the environment and issued a Negative Declaration of environmental significance for purposes of Article 8 of the Environmental Conservation Law; and WHEREAS, on June 13, 2011, the Planning Board duly considered and carefully reviewed the Applicant' s site plan in compliance with the requirements of the Town' s Laws relative to site plan review and respecting the proposed project in conjunction with the unique needs of the Town, due to topography, drainage, soil types and distributions and other natural and man made features upon and surrounding the area of the proposed Site Plan; and the Planning Board duly considered the design objectives of the Applicant and the quality and distinctiveness of the project proposal, in conjunction with the standards of review set forth at Section 701 .4 et seq. of the Town of Lansing Land Use Ordinance, including, but not limited to, storm-water drainage plan, erosion controls, parking, water and sewer facilities, driveways, site lighting, on site and off-site impacts, landscaping and/ or fencing, buffering and/ or screening, roads and walkways, height limitations and compliance with other agency regulations and/ or state, county and local laws and ordinances; and the Planning Board has also considered the requirements of the Town's Land Use Ordinance and Comprehensive Plan, and has determined compliance therewith in conjunction with said Site Plan Application and Review; and WHEREAS, upon due consideration and deliberation by the Town of Lansing Planning Board, now therefore be it RESOLVED: that the Town of Lansing Planning Board grant Final Site Plan Approval to the Applicant for the proposed expansion of the existing R & J Mini Self Storage business facility located at 1947 East Shore Drive, Lansing, New York, Tax Map Parcel # 37. 1-8. 2, said proposed site plan expansion to be located on an adjacent .31 + / - acre parcel owned by the Applicant and located at 1953 East Shore Drive, Lansing, New York and otherwise known as P/ O Tax Map # 37. -1 -8 . 1 within the B2 Zoning District subject to the following conditions : 1 . Route 34 Landscaping and Buffering requirements: NOTE: These could be parallel to LUO SC 802 .32 Outdoor storage of retail sale RVs: "A landscaped area as per approved Site Plan at least 15 wide is provided between and outside storage or display area and any property line. " 2. Signage restrictions : 3 . The site plan shall be modified to provide for access to the expansion of the business from Atwater Drive, instead of the initially proposed Route 34 access, in order to minimize curb cuts on the State Highway, as requested by the Tompkins County Planning Department. June 13, 2011 2 P A � ` � Co,Y\ RESOLUTION No. 2011- RESOLUTION OF THE TOWN OF LANSING PLANNING BOARD ISSUING NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE RESPECTING SEQR ENVIRONMENTAL REVIEW OF THE R & J MINI SELF STORAGE EXPANSION SITE PLAN WHEREAS, Richard C. Jones, Jr. (" Applicant" ), has submitted, for consideration and approval from the Lansing Planning Board, a Site Plan for the proposed expansion of the existing R & J Mini Self Storage business facility located at 1947 East Shore Drive, Lansing, New York, Tax Map Parcel # 37. 1 -8 .2 said expansion to be located on an adjacent .31 + / - acre parcel, owned by the Applicant and located at 1953 East Shore Drive, Lansing, New York and otherwise known as Tax Map # 37.-1 -8 .1 within the B2 Zoning District; and WHEREAS, this is an Unlisted Action under the State Environmental Quality Review Act which requires environmental review; and WHEREAS, the Town of Lansing Planning Board has responsibility for approving or carrying out the action pursuant to State Law governing local environmental review; and WHEREAS, the requisite General Municipal Law 239 Referrals of Article 12-8 and any interested and/ or involved agency referrals have been duly effected by the by the Town of Lansing Planning Department, and those agencies have been given the opportunity to comment and any responses have been duly reviewed and considered by the Lansing Planning Board; and WHEREAS, the Town of Lansing Planning Board determined to waive a public hearing concerning the environmental review, pursuant to the State Environmental Quality Review Act ("SEQR"), of the proposed site plan application ; and WHEREAS, on June 13, 2011, the Town of Lansing Planning Board, in performing its function in conducting an environmental review in accordance with Article 8 of the New York State Environmental Conservation Law - the State Environmental Quality Review Act ("SEQR"), (i) pursued its thorough review of the applicant's completed Short Environmental Assessment Form (" EAF" ) Part I, and any and all other documents prepared and submitted with 1 respect to this proposed action and its environmental review, and (ii) thoroughly analyzed the potential relevant areas of environmental concern of the project to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 617. 7(c), and (iii) reviewed and completed the EAF, Part II on the record and, if necessary, Part III; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS : The Town of Lansing Planning Board, based upon (i) its thorough review of the EAF, Part I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) its thorough review of the potential relevant areas of environmental concern of the proposed project to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 617. 7(c), and (iii) its completion of the EAF, Part II (and, if applicable, Part III), including the findings noted thereon (which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance (" NEGATIVE DECLARATION") in accordance with SEQR for the above referenced proposed action, and determines that an Environmental Impact Statement will not be required, and it is FURTHER RESOLVED that, if a Type I action, the Planning Board Clerk deliver and/ or file a copy of this Resolution with the following persons and agencies : 1 . The Town Clerk of the Town of Lansing; 2. The Town Supervisor of the Town of Lansing; 3 . All Involved and Interested Agencies; 4. Any person requesting a copy; and further, if a Type I Action, that this Resolution be posted and published in accord with law, including delivery of a copy of this Resolution to the Environmental Notice Bulletin, 625 Broadway, Room 538, Albany, New York 12233-1750 in accord with 6 NYCRR 617. 12. Dated : June 13, 2011 2