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1 March 16, 2018 GML#37.00-02-09.110 Town of Preble Subdivision Henderson TO: Cortland County Planning Board FROM: Cortland County Planning Department This application for a subdivision is being referred to the Cortland County Planning Board pursuant to General Municipal Law 239-N because the property is located within 500 ft. of Interstate Route 81, U.S. Route 11 and active farming operations within the Cortland County Consolidated Agricultural District. GENERAL INFORMATION Date Received: March 9, 2018 Applicant: Anne H Henderson 2108 East Clark Road Homer, NY 13077 Status of Applicant: owner Requested Action: subdivision Purpose: to subdivide a 13.3± acre lot from a 120.8± acre parcel Location: E. Clark Road, immediately east of Interstate Route 81 Size: 120.8± acres Existing Zoning: AG (Agricultural) Existing Land Use: agricultural Surrounding Zoning: AG (Agricultural) Surrounding Land Uses: N - agricultural S – agricultural and Goodale Lake E – agricultural, residential and woods W – Interstate Route 81 ---PAGE BREAK--- 2 Existing Regulations: Subdivision Regulations – Town of Preble, NY Article 5: Minor Subdivision Procedures Town of Preble Zoning Ordinance Article V: District Regulations Section 520 Agricultural (AG) Section 525 Specifications ANALYSIS – The applicant is requesting to subdivide a 13.3± acre lot from a 120.8± acre parcel. The property is located on both sides of E. Clark Road, immediately east of Interstate Route 81, and is zoned AG (Agricultural). The proposed 13.3± acre lot is already split from the remainder of the lot by E. Clark Road. Both parcels would also maintain adequate road frontage on E. Clark Road. The purpose of the subdivision request is to sell the 13.3± acre lot to the adjoining landowner. It should be noted however that this property has an existing conservation easement which does not allow the property to be used for any purpose other than agricultural. Any subdivision of this property therefore requires approval of the easement holder (Cortland County) and the entity that provided the funding to purchase the development rights on this property (NYS Department of Agriculture & Markets). This subdivision therefore cannot be filed with the County Clerk until such time that the applicant/Town receives written approval of the subdivision from the NYS Department of Agriculture & Markets and Cortland County. Please note that for the purposes of this subdivision request, Cortland County approval refers to Cortland County Legislature approval and that any recommendation of approval by the County Planning Board is contingent upon obtaining approval of the subdivision from the NYS Department of Agriculture & Markets and the Cortland County Legislature. Finally, this proposal is considered an Unlisted Action under SEQR. The applicant has completed Part I of a Short Environmental Assessment Form. Parts II & III should be completed by the Town to determine if there may be any significant adverse environmental impacts as a result of this proposal. RECOMMENDATION - The staff recommends approval of this application for subdivision contingent upon the following: 1. Since this property has an existing conservation easement which does not allow the property to be used for any purpose other than agricultural, any subdivision of this property requires approval of the easement holder (Cortland County) and the entity that provided the funding to purchase the development rights on this property (NYS Department of Agriculture & Markets). 2. This subdivision cannot be filed with the County Clerk until such time that the applicant/Town receives written approval of the subdivision from the NYS Department of Agriculture & Markets and the Cortland County Legislature. ---PAGE BREAK--- 3 3. Compliance with SEQR requirements. Prepared by: Daniel S. Dineen Director of Planning