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HomeMy WebLinkAbout23-08 Final Plat Approval- 106 E Shore Cr.RESOLUTION PB 23-08 TOWN OF LANSING PLANNING BOARD RESOLUTION SUBDIVISION FINAL PLAT APPROVAL 106 EAST SHORE CIRCLE TAX PARCEL NO.37.1-7-12.2 WHEREAS, an application was made by Jesse Young for a major subdivision to divide an approximately 23 acre lot (TPN 37.1-7-12.2) located at 106 East Shore Circle into six lots. The parcel is in the R2 zone; and WHEREAS, this is a proposed action reviewed under Town of Lansing Code§ 235 Subdivision, for which the respective completed applications were received October 25, 2022; and the Town reviewed and accepts as adequate: "East Shore Circle Major Subdivision Phase I" sheets G-001, C101-C110 prepared by Andrew J. Sciarabba, PE dated O1/25/2023, a Short Environmental Assessment Form (SEAF) Part 1 submitted by the Applicant and Part 2 prepared by the Planning Staff, and other application materials; 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 February 27, 2023 classify the project as an Unlisted Action and declare 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 subdivisions and the unique needs of the Town due to the topography, soil types and distributions, and other natural and man- made features upon and surrounding the area of the proposed subdivision, and the Planning Board has also considered the Town's Comprehensive Plan and compliance therewith and on 27 Feb 2023 issued a Negative Declaration of Significance in accordance with the provisions of Part 617 of the SEQRA; and WHEREAS, on 27 Feb 2023, the Planning Board reviewed and considered the aforementioned subdivision application in the Lansing Town Hall, 29 Auburn Road, Lansing, New York 14882 and duly held a public hearing on the Major subdivision application, and all evidence and comments were considered, along and together with the requirements of the Town's subdivision regulations, existing development in the surrounding area, the public facilities and services available, the Town's Comprehensive Plan and Land Use Ordinance, site characteristics and issues, and any potential on- and Page 1 of 2 off -site environmental impacts and on March 27, 2023 did approve the preliminary subdivision plan; 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 letter dated April 11, 2023, 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 modifications: -We recommend that the Town require the applicant to identify building envelopes on proposed lots 4 and 5 so as to exclude lands that contain UNA-63, Shurger Glen, so as to not disturb the UNA. • We recommend that the Town require the applicant to redesign the proposed permanent stormwater management facilities so that elements of that system exclude lands that contain UNA-63, Shurger Glen, so as to not disturb the • If these recommended modifications are not possible, we recommend that the applicant document that the factors contributing to the designation of UNA-63 were considered by an experienced professional and elaborate on how the proposal will not negatively impact the resources located within the UNA. WHEREAS; The Planning Board, having carefully reviewed the submitted materials and the materials delineating and describing UNA-63, provided by to the Tompkins County Planning and Sustainability Department, has determined that the East Shore Circle Major Submission will not impact the UNA for the following reasons: Although the Tompkins County Planning and Sustainability Department has determined that certain lots of the project may be included within the UNA, the Planning Board does not concur with this assumption. The UNA Map itself states "UNA boundaries are approximate and should be used for general planning purposes only. As a practical matter the County does not warrant the accuracy or completeness of the information portrayed." The Planning Board finds that the East Shore Circle Major Subdivision either entirely or substantially avoids the boundaries of UNA -63. Additionally, given that UNA-63, Shurber Glen, was designated a UNA because it was considered an area of geological importance, may contain a cultural/historical/archeological site (in this case an old quarry relating the area to early central NY plaster and cement industries), and the presence of rare or scarce plants, the Planning Board believes the UNA boundary was most likely delineated the top of the steep slopes above the Glen. The project avoids earth disturbance on these slopes and in the judgement of the Planning Board will not disturb the geology, cultural/historical/archeological features, or rare or scarce plant communities of UNA — 63. It has been further determined that the building envelops provided by the applicant, representing setbacks imposed by the zoning, when taken into consideration with the spatial requirements of onsite waste water treatment areas planned for the subdivision, effectively prevent development on the steep portions of the site. As such, the Planning Board has not required the modifications recommended by the Tompkins County Planning and Sustainability Department per General Municipal Law § 239; et seq.; And Page 2 of 2 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 grants Final Subdivision Approval of the Application for a Major Subdivision of certain land at 106 East Shore Drive, Lansing, New York, subject to the following conditions: 1. The sealing and endorsement of such Major Subdivision Final Plat by the PlanningBoard Chair, 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 Code Enforcement Office. 2. Prior to the signing of the subdivision maps, the driveways for lots 4 & 5 shall be shown to be of sufficient width and provide sufficient access and turn around for emergency vehicles as agreed upon by the Town of Lansing Code Enforcement Officer. 3. Prior to the signing of the final subdivision map the project owner must comply with all current and fixture recommendations of the Town's Engineer. 4. Prior to the signing of the final subdivision map the project must comply with the recommendations of the Town'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 the creation and execution of a Drainage District (and any supporting easements) is required to be submitted to the SMO. 5. 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"). Dated: 24 Aprii 2023 Motion by: Larry Sharpsteen Seconded by: Tom Butler VOTE AS FOLLOWS: Page 3 of 2 Tom Butler Aye Christine Hass Aye John Licitra Aye Larry Sharpsteen Aye Dean Shea Aye Deborah Trumbull Aye Al Fiorille Aye Received in the Lansing Town Clerk's Office on ff)cz15 Debbie Munson, Town Clerk Town of Lansing Tompkins County, New York Page 4 of 2