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HomeMy WebLinkAbout22-03 PB 442Asbury_SitePlan_NEGDEC_Approval_-2282022_JZRESOLUTION PB 22-03 TOWN OF LANSING PLANNING BOARD RESOLUTION STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) NEGATIVE DECLARATION AND S I T E PLAN APPROVAL 442 ASBURY RD TAX PARCEL NO. 30. 1-28.212 WHEREAS, an Application was submitted for Site Plan review by Jessica Best, owner, for the construction of 672 sf accessory structure for a home business, on the existing —1 acre lot, Tax parcel number 38.-1-39.4, The property is in the R3- Residential Mixed Use Zone.; and WHEREAS, this is a proposed action reviewed under Town of Lansing Code §270-35 D. Special Conditions [for a] Residential Home Business, and §270-27, Site Plan Review for which the respective completed applications were received; 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, declares itself the Lead Agency for the environmental review, and WHEREAS, the Planning Board has considered and carefully reviewed the requirements of the Town's local laws relative to §270-35 D. Special Conditions for a Residential Home Business, and §270-27, Site Plan Review and the unique needs of the Town due to the topography, the 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 has also considered the Town's Comprehensive Plan and compliance therewith; and WHEREAS, this Board, acting as Lead Agency in SEQRA reviews and accepts as adequate: All materials, maps and applications submitted by the applicant; a Short Environmental Assessment Form (SERF), Part 1, submitted by the Applicant, and Part 2, prepared by the Planning Staff; and other application materials; WHEREAS, this action is exempt from the General Municipal Law County Planning referral requirements of General Municipal Law ("GML") §§ 239-1, 239-m, and 239-n through an Inter -Governmental Agreement between the Tompkins County Planning Page 1 of 3 Department and the Town of Lansing dated 24 November 2003, as site plan review for a residential occupation is excluded from GML referral requirements: and WHEREAS, the Planning Board has considered and carefully reviewed the requirements of the Town code relative to site plan 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: 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; and 2. That the Planning Board of the Town of Lansing does hereby grant Site Plan approval for Town of Lansing Tax Parcel Number 38.-1-39.4 to Jessica Best, Owner, subject to the following specifications and conditions: • The project must comply with all provision of §270-35 D. Special Conditions [for] Residential Home Business or Occupation. • 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. Dated:28 Feb 2022 Motion by: Norman `Lin' Davidson Seconded by: Dean Shea Page 2 of 3 VOTE AS FOLLOWS: Tom Sutler - Aye Sandra Dennis -Conlon - Aye Norman L. Davidson - Aye Dean Shea - Aye Deborah Trumbull - Aye Larry Sharpsteen - Aye Al Fiorille - Aye Page 3 of 3 n ,v