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TOWN OF LANSING PLANNING BOARD RESOLUTION
APPROVING COBB 2-LOT MINOR SUBDIVISION
FINAL PLAT,WITH CONDITIONS, AT OLD ORCHARD ROAD
WHEREAS, an application was made by Harris Beach, PLLC, for owner Glenn Cobb, for a two-lot
subdivision approval, (creating one new lot to be merged with an existing adjacent separate tax
parcel at 407 Old Orchard Road), Lansing, New York, and otherwise known as Tax Parcel #12.-1-
15.321 consisting of a total of 11.572± acres, in the L1 (Lakeshore) Zone; and
WHEREAS, the proposed subdivision, as shown on a "Preliminary Plat Subdivision Map showing
part of lands of Glenn Cobb located on Old Orchard Road, Tompkins County, Town of Lansing,
New York," by T.G. Miller P.C. Surveying dated 6/15/2018 and revised 11/8/2018 consists of
proposed area of 4.006 acres to be merged with the adjacent parcel and "remaining lands area of
7.566 acres"; 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,
the 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
WHEREAS, this proposed lot to be subdivided to create an addition lot when merged as proposed
meet the current definitions and requirements for a minor subdivision in that the subdivision is only
for 2 lots and,there are no additional roads or infrastructure proposed to be developed,and the lots
conform to zoning requirements; and
WHEREAS, a negative declaration of environmental impacts was duly issued on October 22, 2018
under the State Environmental Quality Review Act(SEQRA)in respect of this action,and it is further
noted that 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 Department and the Town of
Lansing dated December 17, 2003, as "residential subdivisions of fewer than 5 lots all of which
comply with local zoning standards and Tompkins County Sanitary Code requirements, and do not
involve new local roads or streets directly accessing a State or county road" are excluded from GML
referral requirements; and
WHEREAS, on October 22, 2018 the Planning Board reviewed and considered the aforementioned
subdivision application in the Lansing Town Hall, 29 Auburn Road, Lansing, New York 14882 and
duly waived the a public hearing on the Minor subdivision application as no new building lots were
being created and there is thus no impacts upon neighborhoods, roads, or infrastructure, and such
waiver is again issued for the reasons set forth below for certain subdivision requirements under §
6,and all 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 the Land Use Ordinance, site
characteristics and issues, and any potential on and off site environmental impacts; and
WHEREAS,upon due consideration and deliberation by the Town of Lansing Planning Board,now
therefore be it RESOLVED AS FOLLOWS:
1. Pursuant to § 12 of Local Law #3 of 2016 (the Subdivision Local Law) the Planning Board
hereby grants a waiver to consider the survey as delivered as the equivalent of a final plat, subject
to the conditions of approval below, and in connection therewith the Planning Board finds that the
following waivers are appropriate due to the nature of this application:
a. Strict enforcement of § 6 is not warranted as: (i) there is no need for 7 sketch plans and 14
plat maps for a one-lot subdivision when no new building lots or infrastructure are being
developed or created; (ii) no stormwater analysis or SWPPP is required per subdivision B,
including as no ground disturbances are propose or likely in the future; (iii) per subdivisions D
and E there are no roadway improvements,there is an existing private road,and there is no need
for building permits in respect of this application; (iv) per subdivision D and E, any needed
modifications of the survey or plat were duly addressed at sketch plan review; (v) per
subdivision E, there is no need for sanitation or utility mapping as no improvements are
proposed, there is no need for formal subdivision naming, and no need for stormwater
mappings; (vi) for the reasons noted above and the findings stated below, a public hearing
(subdivision F) was not deemed required.
b. Strict enforcement of § 10 design and development standards was also waived, in that there
is no need to manage land development patterns with a one-lot subdivision followed by lot
mergers,and there are thus no blocks so created;there are no culverts or curb cuts needed; there
are no non-conforming lots created;no roads development or access issues arise,including as no
new building lots are being created; there is no disturbance of existing natural features; there is
no need for utilities or utility mapping, and no need for parks or open space analyses as, again,
no new lots are being created.
c. Strict enforcement of§ 11 is not required as there is no mandated infrastructure development
or improvements for roads, utilities or stormwater, such that there is also therefore no need for
performance guarantees or bonds.
Therefore, the above waivers are issued as the Planning Board has found that: (i) granting these
waivers would be keeping with the intent and spirit of the subdivision law, including as this
proposal effects no adverse change in the land,utilizes no resources,impacts no natural or manmade
features, and does not increase demand for any services or utilities, as this application will merely
transfer 4.006 acres to an existing developed tax parcel #12-1-15.362 and duly legally merge such
parcels, producing in the end no negative impacts on the community of the neighborhood; (ii) as
noted,there is no adverse effect upon the character, appearance, or welfare of any neighborhood or
the environment;(iii)denying the waiver would result in undue hardship in terms of imposing extra
time and expense when no impact to the land would occur and no benefit would be conferred by
strict adherence to all technicalities of minor subdivision review would be obtained,and it is hereby
expressly found that this hardship has not been self-imposed; and (iv) the waiver is the minimum
necessary degree of variation from the requirements of the subdivision local law as is necessary to
alleviate the hardship and need for such waivers per said § 12 of the town's subdivision local law;
and it is further
2. The Town of Lansing Planning Board grants Final Plat Approval of the Application for a two-
lot subdivision of certain land located at Old Orchard Road, Lansing, New York, and that the afore-
described survey map shall suffice as a Final Plat when so amended in accordance with the following
conditions:
a. The Survey Map shall be re-labelled as a "Minor Subdivision Final Plat" and all other plat
requirements, for good cause as shown, shall be waived in connection with such final plat,
including the various requirements of Local Law #3 of 2016, § 6(B) in that the location and prior
history of the lot and the land development area in which such lot and parcels are situate is in
conformance with zoning and substantially similar to all other nearby lots.
b. The sealing and endorsement of such Minor Subdivision Final Plat by the Planning Board
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 with the Town
of Lansing Code Enforcement Office.
c. The merger through the Tompkins County Tax Assessment Office of the proposed parcel of
4.006 Acres to the same ownership of 407 Old Orchard Road Tax Parcel 15.-1-362 of 3.04+/-acres
into one larger tax parcel of 7.046 +/- acres. parcel, and upon the filing of such merger, which
shall be accomplished within 30 days of the date of sealing of the plat or at the time of the title
and land transfer, whichever later occurs, the lot so subdivided is and shall be taken subject to
the requirement that the title to such subdivided and neighboring lot legally merge and become
one and only one parcel, and that any re-subdivision is subject to review and approval by the
Town of Lansing Planning Board as a land division, subdivision, or other review in accord with
Town subdivision rules and codes, NYS subdivision laws, and the rules and regulations of the
NYS and Tompkins County Department of Health. This condition of merger shall be stated upon
the face of the final plat.
November 26, 2018
Motion by: Deborah Trumbull
Seconded by: Dean Shea
VOTE AS FOLLOWS:
Jerry Caward - Aye
N. Lin Davidson- Aye
Al Fiorille - Aye
Larry Sharpsteen- Aye
Deborah Trumbull- Aye
Dean Shea, Alternate - Aye
Thomas Ellis -Aye
effects no adverse change in the land,utilizes no resources,impacts no natural or manmade
features, and does not increase demand for any services or utilities, as this application will merely
transfer 4.006 acres to an existing developed tax parcel #12-1-15.362 and duly legally merge such
parcels, producing in the end no negative impacts on the community of the neighborhood; (ii) as
noted,there is no adverse effect upon the character, appearance, or welfare of any neighborhood or
the environment;(iii)denying the waiver would result in undue hardship in terms of imposing extra
time and expense when no impact to the land would occur and no benefit would be conferred by
strict adherence to all technicalities of minor subdivision review would be obtained,and it is hereby
expressly found that this hardship has not been self-imposed; and (iv) the waiver is the minimum