HomeMy WebLinkAbout1996 Local Law #1, Modifying PDZ #10 NEW YORK STALE DEPARTMENT OF STATE
• .local Lam Filing . 162 WASHINGTON AVENUE; ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given ns amended. Do not include matter being eliminated and do not
Use itnlic3 or underlining to indicate new matter.
. .
4th of Danby •
TOrr u
Local Law No. 1 or the year 19 '96 '
A local law TO AMEND THE ZONING ORDINANCE TO MODIFY. THE BOUNDARIES AND .
ES'TA•BLI SH"'A• 'Ik OD'IF'tED-G'E'NER'A►L.StTE—PLA•N—FOR—PL••ANNBD•••DEN.I.ELOPMENT
ZONE NO. 10,COMPRISED OF. A PORTION OF TOWN OF DANBY TAX PARCEL NO. 9.-1-9. 12,
LOCATED ON THE SOUTH SIDE OF GUNDERMAN ROAD WEST OF COMFORT ROAD
1Fe It eniletea by t io of the
'.Town Board .
-C 0 .
4;41- Danby • •
•Town °t as follows:
• .
Section 1. The Zoning Ordinance of the Town of Danby as re-enacted, and readopted by the
. Town Board on December 1.1, 1991, and subsequently amended,.is further amended as follows:
1. ' .Town of Danby Planned Development Zone 10 is hereby amended in size to a total of 5
acres land area, as described in Schedule A attached, whereby an area measuring 400 feet wide in •
an east-west direction by 144.5 feet deep in a north-south direction along the south boundary of
the present Planned Development Zone 10 is rezoned from Low Density Residential Zone to
become a portion of Planned Development Zone 10. •
2.' The Zoning Map of the Town of Danby, and the Supplement to the Zoning Map, are
hereby amended to show the location and boundaries of Planned Development Zone 10 as set
forth in this local law.
•
3. Planned Development Zone 10 shall be subject to the.following provisions,
• • notwithstanding any other pertinent zoning, subdivision, or other regulatory requirements: .
(a) The business conducted on the premises shall be limited to a clothing .
manufacturing business, and shall not include any retail sales of the manufactured •
product, unless a Special Permit for such retail sales is obtained from the Planning •
Board.
' (b) The initial construction and location of the.proposed building addition, parking '
areas, and driveways shall be as shown on the final site plan approved by the
. Planning Board, which final site plan shall be substantially in accord with the
. general site plan entitled "Phase 1 Site Plan'of Expanded Planned Development
• Zone 10, AngelheArt Designs, 303 Gunderman Road, Spencer,N.Y. 14883 (Town •
. of Danby)," liy Schickel Architecture, dated May 10, 1996; with revision to title
' only dated May 341996, and, if the applicant wishes to further,expand the 111614,
any further expansion shall be in accordance with."Phase 2 Sife Plan of Expanded
(If additional space Is needed, attach pages the same size as this sheet, and number each.)
(1)
Town of Danby
Local Law No. 1 of 1996
Planned Development Zone 10 showing Future Building Addition, Angelheart
Designs, 303 Gunderman Road, Spencer,New York, 14883 (Town of Danby),"
by Schickel Architecture, dated May 13, 1996, with revision to title only dated May
31, 1996. No other alteration, amendment, or change in the final site plans as
approved by the Planning Board is permitted, without further approval by the
Planning Board, except as provided in the Zoning Ordinance relative to modifica-
tions to site:plans. When the Planning Board is of the reasonable opinion that the
modified site plan or plans are a significant deviation from the general site plans
referenced above, no modified site plan or plans shall be approved by the Planning
Board until the site plan or plans have been submitted to, and approved by, the
Town Board after public hearing.
(c) Notwithstanding any other provisions of the Zoning Ordinance or this Local Law,
there will be no further modification or exterior construction involving the sewing
room or the deck which are located on the western side of the existing building,
except for replacement of the existing stairs, without approval by the Planning
Board, and, to the extent necessary, the grant of any required variances by the
Board of Zoning Appeals. Notwithstanding the foregoing, if no variance for the
continued maintenance of the sewing room, deck, and stairs is granted by the
Board of Zoning Appeals by October 1, 1996, exterior construction will he
permitted to the extent necessary to bring the western side yard setback into
conformance with the Zoning Ordinance. In no event shall the deck be enclosed.
(d) Any consideration by the Planning Board of final site plan approval for the "future
addition" shown on the map entitled "Phase 2 Site Plan of Expanded Planned
Development Zone 10 showing Future Building Addition, Angelheart Designs, 303
Gunderman Road, Spencer, New York, 14883 (Town of Danby)," by Schickel
Architecture, dated May 13, 1996, with revision to title only dated May 31, 1996,
shall be accompanied by a Public Hearing.
(e) The existing residence within the Zone shall remain as a single-family dwelling, and
no additional dwelling units shall be permitted within the Planned Development
Zone without further"town Board approval.
(f) Yards, signs, height, and building area shall be in conformity with the requirements
for same in a Commercial Zone. That portion of the existing building that has a
side yard width of 13-+-/- feet from the west property line, as shown on the
aforementioned general site plans, must be brought into conformance with said
requirements by October 1, 1996 unless a variance from the required 25-foot side
yard width is obtained from the Board of Zoning Appeals.
(g) No parking for the facility shall be permitted on Gunderman Road.
(h) The land within Planned Development Zone 10 shall not be subdivided.
•
•
Town of Danby
Local Law No. 1 of 1996
Section 2. This local law supersedes any prior resolutions of the Town Board related to the
subject Planned Development Zone.
Section 3. Where there is a conflict on a specific matter between the provisions of Section
603, "Commercial Target Area" and the provisions of this local law, the provisions of this local
law shall govern.
Section 4. In the event that any portion of this law is declared invalid by a court of competent
jurisdiction, the validity of the remaining portions of shall not be affected by such declaration of
invalidity.
Section 5. This law shall take effect 5 days after its adoption or the date it is filed in the Office
of the Secretary of State of the State of New York, whichever is later.
SCIIEDUI_,E A
Description of lands being rezoned from Low Density Residential Zone to become a portion of
Planned Development Zone 10:
Commencing at a point on the west boundary of Town of Danby 'fax Parcel No. 9.-1-9.12, which
point is 425 feet southerly from the centerline of Gunderman Road;
Running thence southerly along the west boundary of the above 'fax Parcel a distance of 144.5
beet;
Running thence easterly and parallel to the centerline of Gunderman Road a distance of 400 feet
to a point;
Running thence northerly and parallel to the west boundary of the above Tax Parcel a distance of
144.5 feet to a point;
Running thence westerly and parallel to the centerline of Gunderman Road a distance of 400 feet
to the point of beginning.
3
(Complete the certification In the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
•
1. (Final adoption by local legislative body only.) • •
I hereby certify that the local law annexed hereto, designated as local law No. 1 _ of 19 96
of the (C'euntyy) City)(Town)(�) of Danby. _ was duly passed by the
TOWN BOARD on __JUNE 111 19�, in accordance with the applicable provisions of law.
(Name of Legislative Eody) •
2. (Passage by local I slativc body with ap royal, no disapproval or e�assa a after dlsa r4 /al
by the Eh'r.tive _ iief Executive Offla�',) .
�' g p P •
I hereby certif ,at the local law 'd hereto, designated a ocal law. No. of
of the (Con )(City)(Town)(Vil age) of was duly passe, y the
on __ _ 19 nd was (apprnved)(no i isapproved)(repa sed niter .
`imc of 'eve ewe hotly
disapproval) by the and was deemed duly/. dopted on / 19
• ec Iva ie(Executiva'Officer•) ^--'
i •ccordarce with/t e applicable provisions of law,
3. (Final adoption by r••ferendum.)
•
I hereby certify the }►e local law annexed hereto, •esiglt; led as local law'No/' Of 19
of the (County)(C• y)(Towr.)(Villagc) of / was duly sled by the
on 19•_, and was (ap oved)(not disapproved repassed afte •
.(Name of Le¢lala ( i3ody)
disapprove by the on 19 Such oval law was
(ilectIv• Chief Exec iv.Otrieer•) `
• submits d to the people by reaso of a (mandatory)(permi rep e) referendum, and re ved the affirmative vote ,df a majority of the qualV ed electors voting thereon at the (general)(special)(annual) election'held on
.19^, in a cordance with the applicable provisions of law,
•
4. (Subject to permissive referenda rid final adoption because,n6 valid petition was file •requesting
referndum,) •
• I hereby certify that the loc 1 aw annexed horeto, des; atcd as local law Nu.
of 19
of the (County)(City)(To (Village) of was duly passed by the
on 19_, and was (appry ' d)(not disapproved)(repassed,efter
ama Of eglllalivo 1o•y
disapproval) b e on 19 Such local law as subject to
Elective Chief Execu e Officer'
•
'permissiv' referendum and no vo .. petition requesting such r• erendum was filed as of 19
in acc. dance•with the applicable provisions of Jaw. .
•
•Elective Chief Executive Officer ulea1,a or includes the chief executive officer of h county elected on a
county-wide basis or, If there be none, the chairman of the county legislative body, the mayor of a city
or village, or the supervisor of a town where such officer Is vested with the power to approve or veto local
laws or ordinances. , '•
•
(2)
.
.. _ . ' ((City Iocal law concerning Charter revision proposed by petition,) ,
I htrchy certify that th t-e—a1 law annexed heret osignated as local 1a o. of 19.-
of the City of havi een submitted to referendum p r-stt nt to
the provisions section (36)(37) of th unicipel Home Rule w, and lLaviug, received the affjrniftive vote -
of a major' of' the qualified elec s of such city voting the eon at the (special)(general e l ec 1�`on held on
19 , becam perative.
6, (County cal law coucerning ad p(iun of Charter.) •
I hereby rtify that the loca w • exed hereto, des'gna' ted as local law No. / of 19
of the ounty of , State of New3oi' , having been submittt d to
the ejectors at the Gfi neral El ction of Novem r 19_, pursuant to subdivisions 5 ansV7 of
sec on 33 of thf.. ,'funicipa -Tome Rule La , and having received the ffirmative vote of a major'ty of the
alified.e]��t6rs of thezc►ties of said tmty as a unit and of a majority of the qualified elects f the towns
of said t1nty consi e,ed as a unit v tang at said general election,.became operative;
( • any other authorized form o final adoption has been'followed, please provide a appropritate ce�i•flcatioit ) .
. X further certify that I have compared the preceding local law with the original on file in this office and that
the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
in the manner indicated in paragraph / , above.
•
1 .
Pict o t in vunty eP s at ye t,-.-•y ;ity,Town or `I age crk
'. _- or officer deeignated'•y local logileative Lody
•
•
(Seal) Date: _ JUNE 12, 1996
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF TOMPKINS '
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper .
proceedings have been had of taken fur the enactment of the local law annexed hereto.
•
C . � r C --
Sign. ure
Z rc O
Q unry -
Tow n of �Q h -
Vi1lt,tt* .
Date: -TV}p. ) 7 L etgL
(3)
t,
a 1
1 STATE OF NEW YORK
DEPARTMENT OF STATE
ALBANY, NY 12231-0001
t
-------------
ALEXANDER F. TREAOWELL
SECRETARY OF STATE
June 27 , 1996
JOHN BARNEY
SENECA BUILDING WEST, STE. 400
119 EAST SENECA STREET
ITHACA, NY 14850
RE: Town of Danby, Local Law 1, 1996, filed 06/24/96
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request.
Sincerely,
L.,..u.ui_. g Ecuiti__,
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
JGD:ml
0 printed on recycled paper
.• i
BARNEY, GROSSMAN, ROTH & DUBOW
ATTORNEYS AT LAW
SENECA BUILDING WEST
SUITE 400
JOHN C. BARNEY 119 EAST SENECA STREET
PETER G. GROSSMAN ITHACA, NEW YORK 14850 FACSIMILE
NELSON E. ROTH
DAVID A. DuBOW (607) 273-6841 (607) 272 8806
(NOT FOR SERVICE OF PAPERS)
RANDALL B. MARCUS
HUGH C. KENT
July 22, 1996
Ms. Carol Sczepanski
Town Clerk, Town of Danby
1830 Danby Road
Ithaca, New York 14850
Re: Town of Danby, Local Law 1
Dear Carol:
Enclosed is a copy of the letter from the Department of State indicating that Local Law
No. 1 for the year 1996 was filed on June 24, 1996.
With best regards.
Very truly yours,
C 6-etr7
JCB:bc
Enc.
BARNEY, GROSSMAN, ROTH & DUBOW
ATTORNEYS AT LAW
SENECA BUILDING WEST
SUITE 400
JOHN C. BARNEY 119 EAST SENECA STREET
PETER G. GROSSMAN ITHACA, NEW YORK 14850 FACSIMILE
NELSON E. ROTH
DAVID A. Dueow (607) 273-6841 (607) 272-8806
RANDALL B. MARCUS (NOT FOR SERVICE OF PAPERS)
HUGH C. KENT
June 17, 1996
State Records and Law Bureau .
Department of State
162 Washington Avenue •
Albany, New York 12231-0001
Re: Town of Danby Local Law No. 1 of
the year 1996 •
Dear Sirs and Ladies:
Enclosed for filing in your office are an original and two copies of Local Law No. 1 of
the year 1996 of the Town of Danby entitled "A LOCAL LAW TO AMEND THE ZONING
ORDINANCE TO MODIFY THE BOUNDARIES AND ESTABLISH A MODIFIED GENERAL
SITE PLAN FOR PLANNED DEVELOPMENT ZONE NO. 10, COMPRISED OF A PORTION
OF TOWN OF DANBY TAX PARCEL NO. 9.-1-9.12, LOCATED ON THE SOUTH SIDE OF
GUNDERMAN ROAD WEST OF COMFORT ROAD."
Please forward the receipt either to the undersigned at the address shown on the letterhead
above or directly to the Town of Danby Town Clerk, Mrs. Carol W. Sczepanski at 1830 Danby
Road, Ithaca, New York, 14850.
If there is anything further that you need please advise.
Very truly yours,
JCB:bc
Encs.
cc: Ms. Carol Sczepanski
(w/ copy of certified local law)
°
TOMPKINS
COUNTY
Tf N OF DANBY - TOMPKINS COUNTY
>'t°:'+c; 1830 DANBY ROAD (607)277 4788
ITHACA,NEW YORK 14850 Fax: (607)277-0559
TO: ATTORNEY JOHN BARNEy
FROM: Carol W. Sczepanski, Town Clerk
DATE: June 12, 1996
RE: Local Law No. 1 of 1996
Enclosed are five (5) copies of the Town of Danby Local Law #1 of 1996
duly adopted by the Town of Danby Town Board on Monday, June 10, 1996.
Please review and sign all five copies.
I have enclosed an envelope to mail three (3) copies to NYS and
there is one copy to be returned to me. The fifth is for your files.
If you have questions or there is a problem please let me know.
Enclosures (5)
r
TOWN OF DANtS
LOCAL LAW NO. 1 OF 1996
A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO MODIFY THE BOUN-
DARIES AND ESTABLISH A MODIFIED GENERAL SITE PLAN FOR PLANNED
DEVELOPMENT ZONE NO. 10, COMPRISED OF A PORTION OF TOWN OF
DANBY TAX PARCEL NO. 9.-1-9.12.LOCATED ON THE SOUTH SIDE OF
GUNDERMAN ROAD WEST OF COMFORT ROAD
Section 1. The Zoning Ordinance of the Town of Danby as re-enacted, and readopted by the
Town Board on December 11, 1991, and subsequently amended, is further amended as follows:
1. Town of Danby Planned Development Zone 10 is hereby amended in size to a total of 5
acres land area, as described in Schedule A attached, whereby an area measuring 400 feet wide in
an east-west direction by 144.5 feet deep in a north-south direction along the south boundary of
the present Planned Development Zone 10 is rezoned from Low Density Residential Zone to
become a portion of Planned Development Zone 10.
2. The Zoning Map of the Town of Danby, and the Supplement to the Zoning Map, are
hereby amended to show the location and boundaries of Planned Development Zone 10 as set
forth in this local law.
3. Planned Development Zone 10 shall be subject to the following provisions,
notwithstanding any other pertinent zoning, subdivision, or other regulatory requirements:
(a) The business conducted on the premises shall be limited to a clothing
manufacturing business, and shall not include any retail sales of the manufactured
product, unless a Special Permit for such retail sales is obtained from the Planning
Board.
(b) The initial construction and location of the proposed building addition, parking
areas, and driveways shall be as shown on the final site plan approved by the
Planning Board, which final site plan shall be substantially in accord with the
general site plan entitled "Phase 1 Site Plan of Expanded Planned Development
Zone 10, Angelheart Designs, 303 Gunderman Road, Spencer,N.Y. 14883 (Town
of Danby)," by Schickel Architecture, dated May 10, 1996, with revision to title
only dated May 31, 1996, and, if the applicant wishes to further expand the facility,
any further expansion shall be in accordance with"Phase 2 Site Plan of Expanded
Planned Development Zone 10 showing Future Building Addition,Angelheart
Designs, 303 Gunderman Road, Spencer,New York, 14883 (Town of Danby),"
by Schickel Architecture, dated May 13, 1996, with revision to title only dated May
31, 1996. No other alteration, amendment, or change in the final site plans as
approved by the Planning Board is permitted, without further approval by the
Planning Board, except as provided in the Zoning Ordinance relative to modifica-
tions to site plans. When the Planning Board is of the reasonable opinion that the
modified site plan or plans are a significant deviation from the general site plans
2 Town of Danby
Local Law No. 1 of 1996
referenced above, no modified site plan or plans shall be approved by the Planning
Board until the site plan or plans have been submitted to, and approved by, the
Town Board after public hearing.
(c) Notwithstanding any other provisions of the Zoning Ordinance or this Local Law,
there will be no further modification or exterior construction involving the sewing
room or the deck which are located on the western side of the existing building,
except for replacement of the existing stairs, without approval by the Planning
Board, and, to the extent necessary,the grant of any required variances by the
Board of Zoning Appeals. Notwithstanding the foregoing, if no variance for the
continued maintenance of the sewing room, deck, and stairs is granted by the
Board of Zoning Appeals by October 1, 1996, exterior construction will be
permitted to the extent necessary to bring the western side yard setback into
conformance with the Zoning Ordinance. In no event shall the deck be enclosed.
(d) Any consideration by the Planning Board of final site plan approval for the "future
addition" shown on the map entitled "Phase 2 Site Plan of Expanded Planned
Development Zone 10 showing Future Building Addition, Angelheart Designs, 303
Gunderman Road, Spencer,New York, 14883 (Town of Danby)," by Schickel
Architecture, dated May 13, 1996,with revision to title only dated May 31, 1996,
shall be accompanied by a Public Hearing.
(e) The existing residence within the Zone shall remain as a single-family dwelling, and
no additional dwelling units shall be permitted within the Planned Development
Zone without further Town Board approval.
(f) Yards, signs, height, and building area shall be in conformity with the requirements
for same in a Commercial Zone. That portion of the existing building that has a
side yard width of 13+/-feet from the west property line, as shown on the
aforementioned general site plans, must be brought into conformance with said
requirements by October 1, 1996 unless a variance from the required 25-foot side
yard width is obtained from the Board of Zoning Appeals.
(g) No parking for the facility shall be permitted on Gunderman Road.
(h) The land within Planned Development Zone 10 shall not be subdivided.
Section 2. This local law supersedes any prior resolutions of the Town Board related to the
subject Planned Development Zone.
Section 3. Where there is a conflict on a specific matter between the provisions of Section
3 Town of Danby
Local Law No. 1 of 1996
603, "Commercial Target Area" and the provisions of this local law, the provisions of this local
law shall govern.
Section 4. In the event that any portion of this law is declared invalid by a court of competent
jurisdiction, the validity of the remaining portions of shall not be affected by such declaration of
invalidity.
Section 5. This law shall take effect 5 days after its adoption or the date it is filed in the Office
of the Secretary of State of the State of New York, whichever is later.
SCHEDULE A
Description of lands being rezoned from Low Density Residential Zone to become a portion of
Planned Development Zone 10:
Commencing at a point on the west boundary of Town of Danby Tax Parcel No. 9.-1-9.12, which
point is 425 feet southerly from the centerline of Gunderman Road;
Running thence southerly along the west boundary of the above Tax Parcel a distance of 144.5
feet;
Running thence easterly and parallel to the centerline of Gunderman Road a distance of 400 feet
to a point;
Running thence northerly and parallel to the west boundary of the above Tax Parcel a distance of
144.5 feet to a point;
Running thence westerly and parallel to the centerline of Gunderman Road a distance of 400 feet
to the point of beginning.
