HomeMy WebLinkAboutPB Resolution 25-05 44.-1-1.2 Final Site Plan ApprovalRESOLUTION PB 25-05
TOWN OF LANSING PLANNING BOARD RESOLUTION
DELAWARE RIVER SOLAR — NY LANSING I, LLC —
FINAL SITE PLAN APPROVAL WITH CONDITIONS
WHEREAS, on 20 December 2024 an application was made by Mollie Messinger, on behalf of
NY Lansing 1, LLC (Delaware River Solar), for Site Plan Approval for a 5 M W photovoltaic array
facility located on land at TPN 44.-1-1.2. "NY Lansing 1, LLC" will consist of approximately
10,000 photovoltaic panels, an access road, utility connections, inverters, and all other facilities
and site modifications shown in the drawing set "NY Lansing 1, LLC" dated 2/21/2025. The
property parcel consists of approximately 24.9 t acres in the R2 — Residential Moderate Density
zoning district which does not permit Solar Energy Facilities. As such, NY Lansing I, LLC has
received a Use Variance (Resolution ZBA 24-16); and
WHEREAS; during the Use Variance proceedings legal notice was published on 28 June 2024,
and adjacent property owners within 600 linear feet were notified by mail on the same date,
pursuant to Town Code § 270-27(F); and
WHEREAS; during the Use Variance proceedings the Town of Lansing Zoning Board of Appeals
did on 10 July 2024 classify the project as a Type 1 Action and declared itself the Lead Agency for
the coordinated environmental review with the Town of Lansing Planning Board (Resolution ZBA
24-14); and
WHEREAS; during the Use Variance proceedings a public hearing was held before the Town of
Lansing Zoning Board of Appeals on 10 July 2024, and the public was duly allowed to speak
upon and address the proposed project, including the SEQR environmental review portion in
addition to comments regarding the site plan's; and
WHEREAS, during the Use Variance proceedings this project was reviewed by the Tompkins
County Planning Department, pursuant to Section 239-m of the New York General Municipal
Law, during which all inter -municipal concerns stated in the 18 September 2024 letter were
adequately addressed by the applicant; and
WHEREAS, during the Use Variance proceedings the Town of Lansing Zoning Board of Appeals
issued a Declaration of Negative Environmental Impact on I I December 2024 (Resolution ZBA
24-14); and
WHEREAS, the Town of Lansing Planning Board has evaluated this project under the applicable
standards outlined in Town Code § 270-27 as well as Local Law # 3 of 2020 § 802.18-18.14; and
WHEREAS, TG Miller has reviewed all necessary application materials including, but not limited
to, the drawings titled "NY Lansing 1, LLC" dated 2/21/2025, the "Operations & Maintenance
Plan" dated 4/8/2025, and the projects S W PPP in which they subsequently offered their comments
on 22 January 2025 & 19 March 2025 in letters to the applicant; and
WHEREAS, NY Lansing 1, LLC has agreed to work with Cayuga Landscape, or a similarly
approved landscaping company, who will handle planting and post planting maintenance of all
approved site plantings for the duration specified within the required Landscaping Bond; and
WHEREAS, this project was reviewed by the Town of Lansing Code Enforcement Officer for
concerns regarding fire apparatus access and NYS Fire Code compliance, in which comments were
provided to the applicant in a 24 March 2025 email; and
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
That the Planning Board of the Town of Lansing does hereby grant Site Plan approval for NY
Lansing I, LLC on land located at TPN 44: 1-1.2 , as well as all applications, forms and materials,
subject to the following conditions which must be met as specified below:
1) Town of Lansing shall receive a raised — seal Final Plat, to certify and complete the Lot
Line Adjustment related to this project, prior to issuance of Building Permits.
a. The final Plat shall show Trail Easement lands being dedicated to the Town of
Lansing.
2) NY Lansing I & II, LLC shall successfully address any withstanding comments from the
19 March 2025 letter from TG Miller prior to the issuance of Building Permits.
3) Project Site Plans shall be amended to meet fire code compliance and deemed complaint
by the Town of Lansing Code Enforcement Officer prior to the issuance of Building
Permits.
4) Project Planting Plans shall be revised to include a 2' (foot) raised planting berm along the
northern project boundary (NY Lansing 1, LLC), prior to the issuance of Building Permits.
a. Berm is to be located along the norther property line between Bean Hill Road and
Stormy View Drive.
b. The applicant shall update the project Details Sheet to include any technical
detail(s) of berm construction & associated plantings.
5) An Owner/Operator Agreement form shall be approved by the Town of Lansing Town
Board prior to the issuance of Building Permits.
a. This agreement shall include terms regarding snow clearance during the applicable
months as agreed upon between Lansing FD and NY Lansing I & 11, LLC.
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6) NY Lansing I & 11, LLC shall execute a Host Community Benefit Agreement with the
Town of Lansing prior to the issuance of Building Permits.
7) Decommissioning Plan shall be reviewed and approved by the Towns engineering
consultant, and Decommissioning Bond shall be set, secured and approved by the Town of
Lansing Town Board prior to the issuance of Building Permits.
a. Decommissioning Bond terms shall include a 3-year re-evaluation clause.
8) NY Lansing 1 & 11, LLC shall offer, for Town Board consideration and approval, dedication
of trail easement between all parties for affected lands on TPN 44: 1-1.2 & 44.-1-1.3 prior
to the issuance of Certificate of Compliance.
a. Trail easement lands, and the use thereof, shall not interfere or impede with any
solar array facility functions or easement agreement may be terminated by NY
Lansing I & 11, LLC.
b. Trail easement shall be 30' wide and shall span the northern portion of44.-1-1.2 &
44.-1-1.3 and tie into the existing easement on TPN 44.-1-5.4.
9) The Town of Lansing shall receive a Landscaping Bond in the minimum amount of
$90,910 USD to ensure the proper installation and maintenance of project (screening)
plantings prior to the issuance of Building Permits.
a. Bond amount shall increase to include the construction of 2' raised berm pending
submittal of quote from installing contractor.
10) Both northern and southern screening plantings shall be installed prior to the issuance of
Certificate of Compliance.
Dated: 24 March 2025
Motion by: Tom Butler
Seconded by: John Licitra
VOTE AS FOLLOWS:
Tom Butler - Aye
Sandy Conlon - Absent
John Duthie - Aye
Al Fiorille - Aye
Christine Hass -Aye
Danielle Hautaniemi - Aye
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John Licitra - Aye
Fredric Villano — Not Voting
Dean Shea - Aye
Received in the Lansing Town Clerk's Office on
Debbie Munson, Town Clerk
Town of Lansing
Tompkins County, New York