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HomeMy WebLinkAbout22-02 PB Dollar General Ridge Rd SPR SignedRESOLUTION PB 22-02 TOWN OF LANSING PLANNING BOARD RESOLUTION STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) NEGATIVE DECLARATION AND SITE PLAN APPROVAL AND LOT LINE ADJUSTMENT APPROVAL DOLLAR GENERAL RETAIL STORE, SITE PLAN REVIEW AND MINOR SUBDIVISION, RIDGE RD, TAX PARCEL NO. 16: 140.225,16: 1-40.222 & 16. 1-40.223 WHEREAS, an application was made by Steve Vukas, Bohler Engineering MA, LLC on behalf of Franklin Land Associates, LLC, Owners, for construction of a 10,640 sq. ft. retail store with parking and other site improvements and lot line adjustment of three existing parcels in Lansing, New York, TAX PARCEL NUMBER 16: 1-40.225, 16.4-40.222 & 16.-1-40.223, 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 Subdivision, for which the respective completed applications were received 27 August 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 October 25, 2021 classify the project as an Unlisted Action and declare itself the Lead Agency for the environmental review; and WHEREAS, legal notice was published on November 11, 2021, December 1, 2021, and January 14, 2022and adjacent property owners within 1200 feet were notified by mail on November 10, 2021, November 30, 2021, and January 16, 2022, and pursuant to Town Code § 270-27(F); and WHEREAS, a public hearing was duly held before the Planning Board upon November 22, 2021, December 20, 2021, and January 24, 2022, 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 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, NYS Department of Transportation, and Town of Lansing Highway Department were given the opportunity to comment on the proposed action; and Page 1 of 5 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 18 November 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 suggest that the Town encourage the applicant to utilize lower level LED lighting. The County's Environmental Management Council has studied outdoor lighting and recommends through the attached Environmental Alert: Important Recommendations for Indoor and Outdoor Lighting (2017) that outdoor LED lighting be not higher than 2700K CCT to minimize adverse human and ecological impacts in addition to minimizing adverse aesthetic impacts to the Cayuga Lake Scenic Byway. WHEREAS, the Planning Board has considered and carefully reviewed the requirements of the zoning code 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, the project has incorporated architectural design features such as a peaked front fagade and concrete board siding and has selected a color palette all of which the Planning Board finds will be harmonious with the character of the neighborhood; and WHEREAS, the project has incorporated a landscaping plan that includes the planting of a treed buffer which sufficiently mitigates the concerns of light and noise pollution to neighboring properties; and WHEREAS, the project includes a lighting plan which is Dark Sky compliant, containing cut off lighting fixtures and limiting the CCT of external lighting to no more than 2,700K CCT to protect the rural character of the neighborhood from light pollution; and WHEREAS, the project has reduced the number of parking of spaces to further lessen its impact on the character of the neighborhood and decrease the amount of impervious surface to reduce stormwater runoff; and WHEREAS, the project has submitted a stormwater pollution prevention plan which complies with the NYS General SPDES Permit for Stormwater Discharges from Construction and sufficiently attenuates any increase in stormwater that project may create; and WHEREAS, the project has coordinated with NYS Department of Transportation to further address flooding concerns in the vicinity of the project, but which are not a direct result of the project; and WHEREAS, upon due consideration and deliberation by the Town of Lansing Planning Board, now therefore be it RESOLVED as follows: Page 2 of 5 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 Lot Line Adjustment and Site Plan approvals for Town of Lansing Tax Parcel Numbers 16: 1-40.225,16.-i-40.222 & 16.-140.223, for Steve Vukas, Bohler Engineering MA, LLC, Applicant, on behalf of Franklin Land Associates, LLC, Owners. 2. The Planning Board of the Town of Lansing does hereby grant Minor Subdivision approval for Town of Lansing Tax Parcel Numbers 16.4-40.225, 16. 4-40.222 & 16. 1-40.223 as depicted in "Lot Line Adjustment Plan of the Lands of RMS Gravel Inc." prepared by Ausfeld & Waldruff Land Surveyors LLP, revised 1-01-22 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 Clerks 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. 3. That the Planning Board of the Town of Lansing does hereby grant Site Plan approval for Town of Lansing Tax Parcel Numbers 16.4-40.225,16.4-40.222 & 16.-140.223 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 the plan set titled "Proposed Site Plan Documents for Franklin Land Associates LLC , Proposed 10,640 Square Foot Retail Store, location of site NYS 34B, Town of Lansing" prepared by Bohler and W.D. Goebel Professional Engineers, respectively, revised 02/09/2022, and "Dollar General Exterior Elevations I Option A prepared by RDL Architects, and dated 2/8/2022 subject to the following conditions: a. Compliance with the recommendations of the Towns 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) Page 3 of 5 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. 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 2700K CCT to minimize adverse human and ecological impacts. i. Exterior lights and sign lights will be turned off no later than 30 minutes after the store closes. Dated: February 28, 2022 Motioned by: Deborah Trumbull Seconded by: Dean Shea VOTE AS FOLLOWS: Tom Butler - Abstained Sandra Dennis -Conlon - Aye Norman Lin Davidson - Aye Larry Sharpsteen - Aye Dean Shea - Aye Deborah Trumbull - Aye Al Fiorille - Aye Page 4 of 5 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 0a�Q01 Jessiqgall, Deputy Town Clerk Town of Lansing F _ Tompkins County, New York 4 Page 5 of 5