No preview available
HomeMy WebLinkAbout2004 Local Law #1, PDZ 18, West Miller TOWN OF DANBY NOTICE OF ADOPTION OF LOCAL LAW NO. 1 OF 2004 NOTICE IS HEREBY GIVEN, that a regular meeting held on the 10th day of May, 2004, the Town Board of the Town of Danby duly adopted a local law entitled: "A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ESTABLISH PLANNED DEVELOPMENT ZONE 18". The Planned Development Zone 18 is hereby established and shall be comprised of Town of Tax Parcel 8.-1-12.15, located on the north side of West Miller Road, and is rezoned from Low Density Residential Zone to Planned Development Zone 18 for Highland Farms Dog Boarding Facility. Thomas and Janet Gray Owners. The facility would consist of a preexisting kennel with three (3) indoor/outdoor runs and a new kennel with ten (10) indoor/outdoor runs. The local law sets forth provisions and requirements related to the kennel facility and other uses of the zone. A copy of the local law is available at the Town Clerk's office during regular business hours. Carol W. Sczepanski Town Clerk Dated: May 14, 2004 1 e TOWN OF DANBY NOTICE OF ADOPTION Publish: May 18, 2004 OF goCAL 00 NO. 1 rt NOTICE IS HEREBY GIVEN, Pi that at a regular j Meeting.tl; held on the 10th"day of c; May, 2004; the' Town Vy Affidavit of Publication Requested. Board of the Town of Denby th duly adopted'a local law entitled:"A LOCAL LAW TO tl4 'AMEND, THE ZONING tf' ORDINANCE TO ESTAB- LISH PLANNED DEVELOP- bI MENT.ZONE 18". The Di Planned Development Zone or 18 is hereby established of and shall be comprised of, I • Town of Tax Parcel 8.•l 12.15,located-on the north P side of West Miller Road, t and is rezoned from 'Low 'Density Residential Zone to ti Planned Development Zone 18 for Highland Farms Dog Boarding Facility. Thomas and Janet Gray Owners. pub-11-1.04 The preexisting would eonsist of j T • three' (3( indoor/outdoor runs and a new kennel with j , ten (10) indoor/outdoor runs. The local law sets , • forth provisions and re- i kennel a fascility and tooter .uses of the zone. IA copy of the local law is i Legals available at the Town p Clerk's office during regular $ ( business hours. ..•• E .Carol W.Sczeponski c Town Clerk Dated: May 14, i Publish:May 18,2004 j v TOWN OF DANBY NOTICE OF ADOPTION OF LOCAL LAW NO. 1 OF 2004 NOTICE IS HEREBY GIVEN, that a regular meeting held on the 10th day of May, 2004, the Town Board of the Town of Danby duly adopted a local law entitled: "A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ESTABLISH PLANNED DEVELOPMENT ZONE 18". The Planned Development Zone 18 is hereby established and shall be comprised of Town of Tax Parcel 8.-1-12.15,located on the north side of West Miller Road, and is rezoned from Low Density Residential Zone to Planned Development Zone 18 for Highland Farms Dog Boarding Facility. Thomas and Janet Gray Owners. A copy of the local law is available at the Town Clerk's office during regular business hours. Carol W. Sczepanski Town Clerk Dated: May 14, 2004 Publish: May 18, 2004 Affidavit of Publication Requested. ,,,,mot L ip r.0 e4-1 s ,.,e,„( w ch._ 7.1 d.d-a,i 1 cQ r k A—, )Gc.ti, w, t 0 i\A d a-ep(/6vd-d° pi\ . c i 4,A) en 141 0%4 pub-11-1.04 Q • T 7 Law FZI• NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET,ALBANY,NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. -Eenrrty of DANBY Town _31.lgs= Local Law No. 1 of the year "2004 Alocallaw TO AMEND THE ZONING ORDINANCE TO ESTABLISH PLANNED (buert Mr) DEVELOPMENT, ZONE 18 Be it enacted by the TOWN BOARD of the (Name of Le;i L ...Body) u — of DAN BY as follows: Town Be it enacted by,the Town Board of the Town of Danby as follows: A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ESTABLISH PLANNED DEVELOPMENT ZONE 18 Section 1. The Zoning Ordinance of the Town of Danby as re-enacted, and re-adopted by the Town Board on December 11, 1991, and subsequently amended, is further amended as follows: 1. Town of Danby Planned Development Zone 18 is hereby established, and shall be comprised of Town of Danby Tax Parcel 8.-1-12.15, located on the north side of West Miller Road, as shown on maps entitled"Attachment `A', Proposed Planned Development Zone"; "Attachment `C', Site Plan, Proposed `Highland Farms' Planned Development Zone"; and "Attachment `D', Detail Plan, Proposed Planned Development Zone, `Highland Farms"; which maps are referenced as the general site plans herein. 2. The area described in Schedule A attached is hereby rezoned from Low Density Residential Zone to Planned Development Zone 18. 3. The Zoning Map of the Town of Danby, and the Supplement to the Zoning Map, are (If additional space Is needed,attach pages the same size as this sheet,and number each.) (1) DOS-239(Rev.2/98) 2 Local Law No. 1 of 2004 Highland Farms hereby amended to show the location and boundaries of Planned Development Zone 18 as set forth in this local law. 4. Planned Development Zone 18 shall be subject to the following provisions, notwithstanding any other pertinent zoning, subdivision, or other regulatory requirements: (a) Permitted principal and accessory uses, and uses permitted by Special Permit, along with yards, signs, height, and building area requirements, shall be the same as those permitted in a Low Density Residential Zone, except that in addition to such, a kennel facility shall be permitted, upon approval of the site plan and issuance of a Special Permit by the Planning Board, subject to the following conditions and provisions: (b) Upon approval of the site plan and issuance of a Special Permit, a kennel facility shall be permitted, as currently proposed as follows: a preexisting boarding kennel consisting of 3 indoor/outdoor runs and an outdoor exercise yard, and a new boarding kennel consisting of 10 indoor/outdoor runs and an outdoor exercise yard, with accessory sales of dog food, bedding, and other dog-related supplies, as shown on the general site plans reviewed by the Town Board in conjunction with enacting this local law. Any such kennel facility shall be subject to the following additional conditions and provisions described in this local law. (c) Any Special Permit for a kennel facility or any renewed Special Permit for a kennel facility shall expire at the 5-year anniversary date of its issuance. The Planning Board may, following public hearing, grant renewed Special Permit(s) for a kennel facility, if an application for a renewed Special Permit is made prior to such expiration date(s). (d) The Special Permit for a kennel facility in Planned Development Zone 18 shall be personal to Thomas and Janet Gray, doing business as Highland Farms, L.L.C., and shall not be transferable unless a Special Permit for a kennel facility is granted to a successor in interest following Public Hearing. (e) As part of any application for a Special Permit related to a kennel facility, and prior to any transfer of an interest in the property or a portion of the property located in Planned Development Zone 18, for any use whatsoever, the owner of said property or an operator of any kennel facility in said zone will provide written proof to the Planning Board that the purchaser has been informed that the parcel to be purchased is within Planned Development Zone 18 and that said purchaser has been provided with a copy of this Local Law, and with all subsequent decisions of the Town Planning Board and Town Board related to actions within this Zone, and said purchaser will provide the Planning Board with written confirmation that he/she understands the requirements of Planned t 3 Local Law No. 1 of 2004 Highland Farms Development Zone 18 and will abide by any requirements related to the use of that Zone. (f) The conditions and provisions of this local law shall be binding on all present and future successor owners and/or operators of any kennel facility within the Zone. Such owners and/or operators of the kennel facility shall file this Local Law, and any subsequent decisions of the Town related to the granting of Special Permits for a kennel facility, in the office of the Tompkins County Clerk. (g) In addition, any kennel facility approved for this Zone shall be subject to the following requirements: (i) The delivery and pickup of dogs shall be by appointment. (ii.) An attendant shall be present at the kennel facility at least between the hours of 8:00 a.m and 6:00 p.m. (iii) No dogs shall be in exterior areas of the kennel facility unless the attendant is on the premises. (iv) No dogs shall be kept in exterior areas of the kennel facility between sunset and sunrise. (v) Barking dogs outside shall be promptly placed in the inside kennels, and placed outside again only after it is reasonably ascertained by the kennel facility operators that the barking will not resume. For purposes of this local law, the following shall be used as criteria in defining the term `barking dog': `Barking Dog' shall mean: • (a) a dog that barks, bays, cries, howls, or makes any other noise continuously and/or incessantly for a period of ten minutes or barks intermittently for ''/2 hour or more to the disturbance of any person at any time of day or night; or (b) a dog that engages in such habitual or continued barking, howling or whining so as to cause a person's rest to be broken, his sleep to be interrupted or the reasonable use or enjoyment of his home or property to be otherwise interfered with, disturbed or diminished or that causes a person to otherwise be harassed, annoyed or disturbed; provided, however, that a dog shall not be deemed a `barking dog' for purposes of this local law if, at the time the a dog is barking or making any other noise, a person is trespassing or threatening to trespass on the subject property, or for any other legitimate cause which teased or provoked the dog. (vi) The kennel facility shall also be subject to the provisions of Town of Danby Local Law No. 1 of the Year 1984, "A Local Law Regulating and Controlling the 4 Local Law No. 1 of 2004 Highland Farms Activities of Dogs in the Town of Danby, to be Known as the `Dog Control Law' and Supersedes Local Law Number 1 of the Year 1976", and any successor amendment. (vii) The kennel facility shall be operated in a safe, sanitary, and humane condition. (viii) The new kennel shall not contain more than 22 dogs at any one time. (ix) The existing kennel shall not contain more than 4 dogs at any one time. (x) The owners and operators of the kennel facility shall at all times keep and maintain on the premises accurate records of the identities of all dogs kept on the premises, and the number of dogs on the premises on each day. (xi) The kennel shall not be used for the breeding of dogs. (xii) Accessory sales of dog food, bedding, and other supplies shall be by appointment, and shall be limited to the hours of 8:00 a.m. and 6:00 p.m. (xiii) A freestanding sign identifying the facility may be located on the subject property. Such a sign shall be no larger than 10 square feet, and may be illuminated but not flashing. Any illumination shall have the lights shielded as much as practicable to direct the lights only at the sign. (xiv) The construction and location of the proposed new kennel shall be as shown on the final site plans approved by the Planning Board, which final site plans shall be substantially in accord with the general site plans referred to above. No alteration, amendment, or change in the final site plans as approved by the Planning Board shall be permitted without further approval by the Planning Board, except as provided in the. Zoning Ordinance relative to modifications to site plans, except that no construction or alteration of more than 500 square feet of enclosed space, whether on one or more stories, and no enlargement of an existing or a new kennel building that involves an increase of more than 5% of the square footage of the building plans reviewed by the Town Board in conjunction with enactment of this local law, shall be permitted unless a modified Special Permit is granted by the Planning Board. Section 2. 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 3. In the event that any portion of this law is declared invalid by a court of competent 5 Local Law No. 1 of 2004 Highland Farms jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 4. This law shall take effect 20 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 Planned Development Zone 18: Commencing at a point on the centerline of West Miller Road, which point is 1058 feet easterly of the centerline of Comfort Road at its intersection with West Miller Road; Running thence North 10 degrees, 25 minutes East a distance of 1236.1 feet to an iron pin; Running thence South 81 degrees, 06 seconds East a distance of 330.6 feet to an iron pin; Running thence South 10 degrees, 25 minutes West a distance of 914.22 feet to an iron pin; Running thence North 79 degrees, 52 minutes West a distance of 132 feet to a monument; Running thence South 10 degrees, 25 minutes East a distance of 328.88 feet to a point at the centerline of West Miller Road; Running thence North 79 degrees, 58 minutes West to the point of beginning. Being the land labelled as `Parcel No. 2' on a map entitled"Map to show Parcels No. 1 and No. 2, 158 West Miller Road, Town of Danby, Tompkins County, New York," dated April 15, 1002, by Howard R. Schlieder, L.S. F (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.) / - t I hereby certify that the local law annexed hereto,designated as local law No. ! of49:� 7 of .4e( (Town)(VrHagct of D, AJl ZLY J was duly passed by the S?0 m la aa_t on 1-9,2017n accordance with the applicable provisions of law. (Name of Legislative Body) J 2. (Passage by local legit ative body with approval, no disapproval or repassage after disapproval by the Elective Chi xecutive Officers.) I hereby certify t the local law annexe ereto, designated as cal law No. of 19 of the(County City)(Town)(Village)o /was passed by the on 1 ---,and was (approved)( assed after (Name of Legit! ve Body) disapp val)by the 111 and was deemed duly adopted on 19--_-, (Elective Chief Est utive Olcer•) in accordance with the applicable provisions of law. • 3. (Final adoption by referendum.) I hereby certi hat the local law a xed hereto, designated as ocal law No. of 19 of the(Coun )(City)(Town)(Villa e) of was duly passed b e on 19---- ,and was (approved not approved)(repass after (Name of Legit rive Body) disappr val) by the on 19- -- . Such local law w submitted (Elective Ch.(Executive Officer•) to t people by reason a (mandatory)(permi e) referendum,and received a affirmative vote of a majority of th qualified electors oting thereon at the (general)(special)(annual) election held on 19.--- , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify t t the local law annexed ereto,designated s al law No • of 19 of the(County City)(Town)(Village)o was duly assed by the . • on / . 19I-- ,and wroved (not approv (repassed after • (Name of Legla a Body)disappr al)by the on 19--- . Such to aw was subject to (Elecve Chief e er) pe e referendum and valid petition req ch referendum was filed as of 19.--- ,in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county- wide basis or,if there be none, the chairperson 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) r , • • . , . , 5. (City Ioc law concerning arter revisi proposed b petition.) I hereby ertify that the to law annexed reto, designa d as local l No. of of the ty of hay' been sub • red to refe endum pu uant to the provi Ions of secti (36)(37)of the unicipal Hom ule Law,an aving rec • ed the of ative vo of a majority o he qua fled electors of s ch city voting t ereon at the (s ecial)(gen 1) electio eld on 19- -_, b ame operative. 6. (County local I concerning a option of Ch rter.) , I hereby certify at the local 1 annexed her o, designated s local law No. of 19.__ - of the Count f State of New Yor aving been su itted to the ele rs at the Gene 1 Election of ovember __-,pursuant to s divisions 5 and of section 33 o he Municip Home Rule w,and having eceived the a irmative vote of a ajority of the qu ified electors o e cit- ies of rd county as a nit and a majo ty of the qualified electors of the owns of said cou ty considered as unit voti at said gene election,'beca a operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I 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 in-. dicated in paragraph----1 , above. (11.14111,S r /441,,4441 Clerk of the County legislativ,:', l City,Town or Village Clerk or officer designated by local s tive body (Seal) Date: -272111 A17, JO° V (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 ' P T,the undersigned,hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signal A_ ° roc 7 Title County City of Do— L --1 Town Village . Date: a''� t -1 1 3/ 1'O 0`r (3) r. AFFIDAVIT OF PUBLICATION The Ithaca JOURNAL . TOWN OF DANBY available at the Town OF LOCAL LAW NO. 1 I Clerk's office during regular OF 2004 .business hours. Carol W.Sczepanski State of New York,Tompkins County,ss.: NOTICE IS HEREBY GIVEN, Town Clerk that at a regular meetingg, Dated: May 14,2004 i held on the 10th day af! ( -:..I..-c1)c C. l N7 being duly sworn, deposes and May, 2004, the Town Publish: May 18,2004 Board of the Town of DanbyI - - - _ - - says that she/he resides in Ithaca, county and state aforesaid and that duly adopted a local law entitled:"A LOCAL LAW TO i AMEND THE ZONING she/he is Clerk of The Ithaca 'ORDINANCE TO ESTAB- LISH PLANNED DEVELOP- Journal a public newspaper printed and published in Ithaca aforesaid ! ZONE 18". The Planned Development Zone, , 18 is hereby established and that a notice of which the annexed is a true copy was published and shall be comprised on i Town of Tax Parcel 8.-1-, In said paper 7-12.1.5,located on the north side of West Miller Road,' ;and is rezoned from Low I ,S J 1 c o)00$ Density Residential Zone to ' Planned Development Zone ' 18 for Highland Farms Dog Boarding Facility. Thomas and Janet Gray Owners. The facility would consist of' a preexisting kennel with and that the first publication of said notice was on the )S- three (3) indoor/outdoor runs and a new kennel with ten (101 d /outd day of ,o®t� runs: The local law sets oor forth provisions and re- \\ ,quirements related to the \- ^ C• kennel facility and other /� uses of the zone. . Subscribed and sworn to before me this I day' of ; A copy of the local law is C • Notary Public JEAN FORD Notary Public, State of New York No.4654410 Qualified in Tompkins County 12 y AL Commission Expires May 31,20 a? \>\ -1),:o ,,,jvp, 17 '9,— ice. w 0-) e(„(..ig ....1 8 1 9 1111.11P • LOCa l Law Fil ng NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET,ALBANY,NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Eeunty - - Town of DANBY Local Law No. 1 of the year _2004 A local law TO AMEND THE ZONING ORDINANCE TO. ESTABLISH PLANNED • DEVELOPMENT ZONE 18 • • Be it enacted by the TOWN BOARD of the (Nowe ofLerid dw Bay) Town of DANBY as follows: • Be it enacted by the Town Board of the Town of Danby as follows: A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ESTABLISH PLANNED • DEVELOPMENT ZONE 18 • Section 1. The Zoning Ordinance of the Town of Danby as re-enacted, and re-adopted by the Town Board on December 11, 1991, and subsequently amended, is further amended as follows: 1. Town of Danby Planned Development Zone 18 is hereby established, and shall be comprised of Town of Danby Tax Parcel 8.-1-12.15, located on the north side of West Miller Road, as shown on maps entitled"Attachment 'A', Proposed Planned Development Zone"; "Attachment `C', Site Plan, Proposed `Highland Farms' Planned Development Zone"; and "Attachment `D', Detail Plan, Proposed Planned Development Zone, `Highland Farms"; which • maps are referenced as the general site plans herein. 2. The area described in Schedule A attached is hereby rezoned from Low Density Residential Zone to Planned Development Zone 18. 3. The Zoning Map of the Town of Danby, and the Supplement to the Zoning Map, are - • (If additional space Is needed,attach pages the same size as this sheet, and number each.) (1) • •DOS-239(Rev.2/98) 2 Local Law No. 1 of 2004 Highland Farms hereby amended to show the location and boundaries of Planned Development Zone 18 as set forth in this local law. 4. Planned Development Zone 18 shall be subject to the following provisions, ___..-- -notwithstanding any other pertinent zoning, subdivision, or other regulatory requirements: ----- �--- --- (a) Permitted principal and accessory uses, and uses permitted by Special Permit, along with yards, signs, height, and building area requirements, shall be the same as those permitted in a Low Density Residential Zone, except that in addition to such, a kennel facility shall be permitted, upon approval of the site plan and issuance of a Special Permit by the Planning Board, subject to the following conditions and provisions: (b) Upon approval of the site plan and issuance of a Special Permit, a kennel facility shall be permitted, as currently proposed as follows: a preexisting boarding kennel consisting of 3 indoor/outdoor runs and an outdoor exercise yard, and a new boarding kennel consisting of 10 indoor/outdoor runs and an outdoor exercise yard, with accessory sales of dog food, bedding, and other dog-related supplies, as shown on the general site plans reviewed by the Town Board in conjunction with enacting this local law. Any such kennel facility shall be subject to the following additional conditions and provisions described in this local law. (c) Any Special Permit for a kennel facility or any renewed Special Permit for a kennel facility shall expire at the 5-year anniversary date of its issuance. The Planning Board may, following public hearing, grant renewed Special Permit(s) for a kennel facility, if an application for a renewed Special Permit is made prior to such expiration date(s). (d) The Special Permit for a kennel facility in Planned Development Zone 18 shall be personal to Thomas and Janet Gray, doing business as Highland Farms, L.L.C., and shall not be transferable unless a Special Permit for a kennel facility is granted to a successor in interest following Public Hearing. (e) As part of any application for a Special Permit related to a kennel facility, and prior to any transfer of an interest in the property or a portion of the property located in • Planned Development Zone 18, for any use whatsoever, the owner of said property or an operator of any kennel facility in said zone will provide written proof to the Planning Board that the purchaser has been informed that the parcel to be purchased is within Planned Development Zone 18 and that said purchaser has been provided with a copy of this Local Law, and with all subsequent decisions of the Town Planning Board and Town Board related to actions within this Zone, and said purchaser will provide the Planning Board with written confirmation that he/she understands the requirements of Planned 3 Local Law No. 1 of 2004 Highland Farms Development Zone 18 and will abide by any requirements related to the use of that Zone. L9 (f) The conditions and provisions of this local law shall be binding on all present and ture successor owners and/or operators of any kennel facility within the Zone. Such -- owners and/or operators of the kennel facility shall file this Local Law,and any subsequent decisions of the Town related to the granting of Special Permits for a kennel facility, in the office of the Tompkins County Clerk. (g) In addition, any kennel facility approved for this Zone shall be subject to the following requirements: (i) The delivery and pickup of dogs shall be by appointment. (ii.) An attendant shall be present at the kennel facility at least between the hours of 8:00 a.m and 6:00 p.m. (iii) No dogs shall be in exterior areas of the kennel facility unless the attendant ' is on the premises. (iv) No dogs shall be kept in exterior areas of the kennel facility between sunset and sunrise. (v) Barking dogs outside shall be promptly placed in the inside kennels, and placed outside again only after it is reasonably ascertained by the kennel facility operators that the barking will not resume. For purposes of this local law, the - following shall be used as criteria in defining the term `barking dog': `Barking Dog' shall mean: (a) a dog that barks,bays, cries, howls, or makes any other noise continuously and/or incessantly for a period of ten minutes or barks intermittently for 'A hour or more to the disturbance of any person at any time of day or night; or (b) a dog that engages in such habitual or continued barking, howling or whining so as to cause a person's rest to be broken, his sleep to be interrupted or the reasonable use or enjoyment of his home or property to be otherwise interfered with, disturbed or diminished or that causes a person to otherwise be harassed, annoyed or disturbed; provided, however, that a dog shall not be deemed a `barking dog' for purposes of this local law if, at the time the a dog is barking or making any other noise, a person is trespassing or threatening to trespass on the subject property, or for any other legitimate cause which teased or provoked the dog. (vi) The kennel facility shall also be subject to the provisions of Town of Danby Local • Law No. 1 of the Year 1984, "A Local Law Regulating and Controlling the 4 Local Law No. 1 of 2004 Highland Farms Activities of Dogs in the Town of Danby, to be Known as the `Dog Control Law' and Supersedes Local Law Number 1 of the Year 1976", and any successor amendment. (vii) The kennel facility shall be operated in a safe, sanitary, and humane condition. - - - - (viii) The new kennel shall not contain more than 22 dogs at any one time. (ix) The existing kennel shall not contain more than 4 dogs at any one time. (x) The owners and operators of the kennel facility shall at all times keep and maintain on the premises accurate records of the identities of all dogs kept on the premises, and the number of dogs on the premises on each day. (xi) The kennel shall not be used for the breeding of dogs. (xii) Accessory sales of dog food, bedding, and other supplies shall be by appointment, and shall be limited to the hours of 8:00 a.m. and 6:00 p.m. (xiii) A freestanding sign identifying the facility may be located on the subject property. Such a sign shall be no larger than 10 square feet, and may be illuminated but not flashing. Any illumination shall have the lights shielded as much as practicable to direct the lights only at the sign. (xiv) The construction and location of the proposed new kennel shall be as shown on the final site plans approved by the Planning Board, which final site plans shall be substantially in accord with the general site plans referred to above. No alteration, amendment, or change in the final site plans as approved by the Planning Board shall be permitted without further approval by the Planning Board, except as provided in the Zoning Ordinance relative to modifications to site plans, except that no construction or alteration of more than 500 square feet of enclosed space, whether on one or more stories, and no enlargement of an existing or a new kennel building that involves an increase of more than 5% of the square footage of the building plans reviewed by the Town Board in conjunction with enactment of this local law, shall be permitted unless a modified Special Permit is granted by the Planning Board. Section 2. 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 3. In the event that any portion of this law is declared invalid by a court of competent 5 Local Law No. 1 of 2004 Highland Farms jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 4. This law shall take effect 20 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 Planned Development Zone 18: Commencing at a point on the centerline of West Miller Road, which point is 1058 feet easterly of the centerline of Comfort Road at its intersection with West Miller Road; Running thence North 10 degrees, 25 minutes East a distance of 1236.1 feet to an iron pin; Running thence South 81 degrees, 06 seconds East a distance of 330.6 feet to an iron pin; Running thence South 10 degrees, 25 minutes West a distance of 914.22 feet to an iron pin; Running thence North 79 degrees, 52 minutes West a distance of 132 feet to a monument; Running thence South 10 degrees, 25 minutes East a distance of 328.88 feet to a point at the centerline of West Miller Road; Running thence North 79 degrees, 58 minutes West to the point of beginning. Being the land labelled as `Parcel No. 2' on a map entitled"Map to show Parcels No. 1 and No. 2, 158 West Miller Road, Town of Danby, Tompkins County,New York," dated April 15, 1002, by Howard R. Schlieder, L.S. !_111.,244:',J 4 STATE OF NEW YORK DEPARTMENT OF STATE 4 I STATE STREET ALBANY, NY 12231 -000 I GEORGE E. PATAKI June 17, 2004 RANDY A. DANIELS GOVERNOR f SECRETARY OF STATE Carl W Sczepanski Town Clerk Town of Danby 1830 Danby Road Ithaca NY 14850 RE: Town of Danby, Local Law 1, 2004 filed on May 24, 2004 To Whom It May Concern: The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, Linda Lasch Principal Clerk State Records & Law Bureau (518) 474-2755 -.4� v.,f ff I� i{ / N--".) 41: WWW.DOS.STATE.NY.US • E-MAIL: INFO@DOS.STATE.NY.US RECYCLED PAPER CODY TO: Attorney Richard Stumbar FROM: Carol W. Sczepanski, Town Clerk DATE: May 14, 2004 RE: Local Law No. 1 of 2004 Filing The enclosed information is for the filing of the Town of Danby Local Law No. 1 of 2004. Three (3) certified copies of the local law: 1- NYS A copy for your files A copy for the Town. Please return a signed copy to me for my local law book. Notice for publication (will be published on May 18, 2004) Notice of public hearing Copy of public hearing minutes Copies of the adoption resolutions. If you need further information please let me know as soon as possible. Enclosures (7) CWS TOWN OF DANBY FINAL DRAFT PROPOSED LOCAL LAW NO. 1 OF 2004 Be it enacted by the Town Board of the Town of Danby as follows: A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ESTABLISH PLANNED DEVELOPMENT ZONE 18 Section 1. The Zoning Ordinance of the Town of Danby as re-enacted, and re-adopted by the Town Board on December 11, 1991, and subsequently amended, is further amended as follows: 1. Town of Danby Planned Development Zone 18 is hereby established, and shall be comprised of Town of Danby Tax Parcel 8.-1-12.15, located on the north side of West Miller Road, as shown on maps entitled "Attachment `A', Proposed Planned Development Zone"; "Attachment `C', Site Plan, Proposed `Highland Farms' Planned Development Zone"; and "Attachment `D', Detail Plan, Proposed Planned Development Zone, `Highland Farms"; which maps are referenced as the general site plans herein. 2. The area described in Schedule A attached is hereby rezoned from Low Density Residential Zone to Planned Development Zone 18. 3. 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 18 as set forth in this local law. 4. Planned Development Zone 18 shall be subject to the following provisions, notwithstanding any other pertinent zoning, subdivision, or other regulatory requirements: (a) Permitted principal and accessory uses, and uses permitted by Special Permit, along with yards, signs, height, and building area requirements, shall be the same as those permitted in a Low Density Residential Zone, except that in addition to such, a kennel facility shall be permitted, upon approval of the site plan and issuance of a Special Permit by the Planning Board, subject to the following conditions and provisions: (b) Upon approval of the site plan and issuance of a Special Permit, a kennel facility shall be permitted, as currently proposed as follows: a preexisting boarding kennel consisting of 3 indoor/outdoor runs and an outdoor exercise yard, and a new boarding kennel consisting of 10 indoor/outdoor runs and an outdoor exercise yard, with accessory sales of dog food, bedding, and other dog-related supplies, as shown on the general site plans reviewed by the Town Board in conjunction with enacting this 2 Final Draft Proposed Local Law No. 1 of 2004 Highland Farms local law. Any such kennel facility shall be subject to the following additional conditions and provisions described in this local law. (c) Any Special Permit for a kennel facility or any renewed Special Permit for a kennel facility shall expire at the 5-year anniversary date of its issuance. The Planning Board may, following public hearing, grant renewed Special Permit(s) for a kennel facility, if an application for a renewed Special Permit is made prior to such expiration date(s). (d) The Special Permit for a kennel facility in Planned Development Zone 18 shall be personal to Thomas and Janet Gray, doing business as Highland Farms, L.L.C., and shall not be transferable unless a Special Permit for a kennel facility is granted to a successor in interest following Public Hearing. (e) As part of any application for a Special Permit related to a kennel facility, and prior to any transfer of an interest in the property or a portion of the property located in Planned Development Zone 18, for any use whatsoever, the owner of said property or an operator of any kennel facility in said zone will provide written proof to the Planning Board that the purchaser has been informed that the parcel to be purchased is within Planned Development Zone 18 and that said purchaser has been provided with a copy of this Local Law, and with all subsequent decisions of the Town Planning Board and Town Board related to actions within this Zone, and said purchaser will provide the Planning Board with written confirmation that he/she understands the requirements of Planned Development Zone 18 and will abide by any requirements related to the use of that Zone. (f) The conditions and provisions of this local law shall be binding on all present and future successor owners and/or operators of any kennel facility within the Zone. Such owners and/or operators of the kennel facility shall file this Local Law, and any subsequent decisions of the Town related to the granting of Special Permits for a kennel facility, in the office of the Tompkins County Clerk. (g) In addition, any kennel facility approved for this Zone shall be subject to the following requirements: (i) The delivery and pickup of dogs shall be by appointment. (ii.) An attendant shall be present at the kennel facility at least between the hours of 8:00 a.m and 6:00 p.m. (iii) No dogs shall be in exterior areas of the kennel facility unless the attendant is on the premises. 3 Final Draft Proposed Local Law No. 1 of 2004 Highland Farms (iv) No dogs shall be kept in exterior areas of the kennel facility between sunset and sunrise. (v) Barking dogs outside shall be promptly placed in the inside kennels, and placed outside again only after it is reasonably ascertained by the kennel facility operators that the barking will not resume. For purposes of this local law, the following shall be used as criteria in defining the term `barking dog': `Barking Dog' shall mean: (a) a dog that barks, bays, cries, howls, or makes any other noise continuously and/or incessantly for a period of ten minutes or barks intermittently for '/2 hour or more to the disturbance of any person at any time of day or night; or (b) a dog that engages in such habitual or continued barking, howling or whining so as to cause a person's rest to be broken, his sleep to be interrupted or the reasonable use or enjoyment of his home or property to be otherwise interfered with, disturbed or diminished or that causes a person to otherwise be harassed, annoyed or disturbed; provided, however, that a dog shall not be deemed a `barking dog' for purposes of this local law if, at the time the a dog is barking or making any other noise, a person is trespassing or threatening to trespass on the subject property, or for any other legitimate cause which teased or provoked the dog. (vi) The kennel facility shall also be subject to the provisions of Town of Danby Local Law No. 1 of the Year 1984, "A Local Law Regulating and Controlling the Activities of Dogs in the Town of Danby, to be Known as the `Dog Control Law' and Supersedes Local Law Number 1 of the Year 1976", and any successor amendment. (vii) The kennel facility shall be operated in a safe, sanitary, and humane condition. (viii) The new kennel shall not contain more than 22 dogs at any one time. (ix) The existing kennel shall not contain more than 4 dogs at any one time. (x) The owners and operators of the kennel facility shall at all times keep and maintain on the premises accurate records of the identities of all dogs kept on the premises, and the number of dogs on the premises on each day. (xi) The kennel shall not be used for the breeding of dogs. (xii) Accessory sales of dog food, bedding, and other supplies shall be by appointment, and shall be limited to the hours of 8:00 a.m. and 6:00 p.m. 4 Final Draft Proposed Local Law No. 1 of 2004 Highland Farms (xiii) A freestanding sign identifying the facility may be located on the subject property. Such a sign shall be no larger than 10 square feet, and may be illuminated but not flashing. Any illumination shall have the lights shielded as much as practicable to direct the lights only at the sign. (xiv) The construction and location of the proposed new kennel shall be as shown on the final site plans approved by the Planning Board, which final site plans shall be substantially in accord with the general site plans referred to above. No alteration, amendment, or change in the final site plans as approved by the Planning Board shall be permitted without further approval by the Planning Board, except as provided in the Zoning Ordinance relative to modifications to site plans, except that no construction or alteration of more than 500 square feet of enclosed space, whether on one or more stories, and no enlargement of an existing or a new kennel building that involves an increase of more than 5% of the square footage of the building plans reviewed by the Town Board in conjunction with enactment of this local law, shall be permitted unless a modified Special Permit is granted by the Planning Board. Section 2. 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 3. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 4. This law shall take effect 20 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 Planned Development Zone 18: Commencing at a point on the centerline of West Miller Road, which point is 1058 feet easterly of the centerline of Comfort Road at its intersection with West Miller Road; Running thence North 10 degrees, 25 minutes East a distance of 1236.1 feet to an iron pin; Running thence South 81 degrees, 06 seconds East a distance of 330.6 feet to an iron pin; , 5 Final Draft Proposed Local Law No. 1 of 2004 Highland Farms Running thence South 10 degrees, 25 minutes West a distance of 914.22 feet to an iron pin; Running thence North 79 degrees, 52 minutes West a distance of 132 feet to a monument; Running thence South 10 degrees, 25 minutes East a distance of 328.88 feet to a point at the centerline of West Miller Road; Running thence North 79 degrees, 58 minutes West to the point of beginning. Being the land labelled as `Parcel No. 2' on a map entitled "Map to show Parcels No. 1 and No. 2, 158 West Miller Road, Town of Danby, Tompkins County,New York," dated April 15, 1002, by Howard R. Schlieder, L.S. RESOLUTION NO.36 OF 2004 RESOLUTION TO ENFORCE PROVISIONS OF PLANNED DEVELOPMENT DISTRICT By Councilperson Gagnon: Seconded by Councilperson Strichartz RESOLVED,that the Town Board of the Town of Danby is committed to enforcing the provisions of Local Law No. 1 of 2004 (Planned Development Zone No. 18) and to use all enforcement resources. A roll call vote on the resolution resulted as follows: Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously STATE OF NEW YORK ) COUNTY OF TOMPKINS) SS: TOWN OF DANBY ) I Carol W. Sczepanski, Town Clerk in the Town of Danby, a Municipal Corporation of the County of Tompkins, State of New York,hereby certify that the forgoing resolution is a true and exact copy of a resolution duly adopted by the Town Board of said Town of Danby at Regular meeting held on the 10th day of May, 2004. IN WITNESS WHEREOF, I have hereunto set my hand and the Seal of the Town of Danby, this 14th day of May 2004. - 01///04(17 Carol W. Sczepas.: Town Clerk RESOLUTION NO. 35 OF 2004 SEQRA DETERMINATION, RELATED TO CONSIDERING ESTABLISHMENT OF A PLANNED DEVELOPMENT ZONE FOR THE PROPOSED `HIGHLAND FARMS DOG BOARDING FACILITY' By Councilperson Nolte: Seconded by Councilperson Gagnon WHEREAS, this action is to Consider Establishment of a Planned Development Zone by Local Law, and Approval of the General Site Plans, for the proposed `Highland Farms Dog Boarding Facility', proposed to consist of a preexisting kennel with 3 indoor/outdoor runs and a new kennel with 10 indoor/outdoor runs, on Town of Danby Tax Parcel No. 8.-1-12.15, 8.33+/- acres total, on the north side of West Miller Road; Tom and Janet Gray, applicants; and WHEREAS, this is a Type I action for which the Town Board of the Town of Danby has been legislatively determined to act as Lead Agency in environmental review; and for which the Planning Board is an involved agency; and WHEREAS, the Planning Board of the Town of Danby by Resolution No. 6 of February 18, 2004 recommended to the Town Board that a negative determination of environmental significance be made for this action; NOW, THEREFORE, IT IS RESOLVED, that the Town Board of the Town of Danby hereby makes a negative determination of environmental significance for this Type I action. A roll call vote on the resolution resulted as follows: Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously STATE OF NEW YORK ) COUNTY OF TOMPKINS)SS: TOWN OF DANBY ) I Carol W. Sczepanski,Town Clerk in the Town of Danby,a Municipal Corporation of the County of Tompkins,State of New York,hereby certify that the forgoing resolution is a true and exact copy of a resolution duly adopted by the Town Board of said Town of Danby at Regular meeting held on the 10th day of May,2004. IN WITNESS WHEREOF,I have hereunto set my hand and the Seal of the Town of Danby,this 13th day of May 2004. • *erryiAA) Carol W. Sczwariski,Town Clerk RESOLUTION NO.36 OF 2004 RESOLUTION TO ENFORCE PROVISIONS OF PLANNED DEVELOPMENT DISTRICT By Councilperson Gagnon: Seconded by Councilperson Strichartz RESOLVED,that the Town Board of the Town of Danby is committed to enforcing the provisions Local Law No. 1 of 2004 (Development Zone No. 18) and to use all enforcement resources. A roll call vote on the resolution resulted as follows: Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS: TOWN OF DANBY ) I Carol W. Sczepanski, Town Clerk in the Town of Danby, a Municipal Corporation of the County of Tompkins, State of New York, hereby certify that the forgoing resolution is a true and exact copy of a resolution duly adopted by the Town Board of said Town of Danby at Regular meeting held on the 10th day of May, 2004. IN WITNESS WHEREOF, I have hereunto set my hand and the Seal of the Town of Danby, this 14th day of May 2004. Carol W. Sczepansk , own Clerk Town of Danby RESOLUTION NO. 37 OF 2004 CONSIDERATION OF ESTABLISHMENT OF A PLANNED DEVELOPMENT ZONE FOR THE PROPOSED `HIGHLAND FARMS DOG BOARDING FACILITY' By Councilperson Nolte: Seconded by Councilperson Strichartz WHEREAS, this action is to Consider Establishment of a Planned Development Zone by Local Law, and Approval of the General Site Plans, for the proposed `Highland Farms Dog Boarding Facility', proposed to consist of a preexisting kennel with 3 indoor/outdoor runs and a new kennel with 10 indoor/outdoor runs, on Town of Danby Tax Parcel No. 8.-1-12.15, 8.33+/- acres total, on the north side of West Miller Road; Tom and Janet Gray, applicants; and WHEREAS, this is a Type I action for which the Town Board of the Town of Danby, acting as Lead Agency in environmental review, has on May 3, 2004 made a negative determination of environmental significance; and WHEREAS, the materials accompanying the proposed action were referred to the Tompkins County Department of Planning for review pursuant to General Municipal Law Sections 239-1 and—m; and that Department responded on February 18, 2004 that it had determined that the proposal had no negative inter-community or county-wide impacts; and WHEREAS, the Planning Board of the Town of Danby by Resolution No. 7 of February 18, 2004, having reviewed the distances between the facility and adjacent residences recommended to the Town Board waiver of Section 701 of the Town of Danby Zoning Ordinance as requested by the applicants; recommended approval of the general site plans; and recommended that a local law establishing the Planned Development Zone be enacted; and WHEREAS,the Town Board of the Town of Danby on May 3, 2004 has held a public hearing to hear all interested parties in the matter, which hearing was duly advertised in the Ithaca Journal; NOW, THEREFORE IT IS RESOLVED,that the Town Board of the Town of Danby, having reviewed the distances between the existing and proposed kennel facilities and adjacent residences, along with the proposed design and materials of the proposed new kennel, hereby grants a waiver of Section 701 of the Town of Danby Zoning Ordinance, which requires a minimum distance of 200 feet from any kennel to a Residence Zone, to permit the minimum distances shown on the Site Plan labelled"Attachment C", which is part of the application materials for this action; and it is FURTHER RESOLVED, that the Town Board of the Town of Danby approves the general site plans submitted as part of the application materials for this action; and it is FURTHER RESOLVED, that the Town Board of the Town of Danby adopts Local Law Number_of 2004, entitled "A Local Law to Amend the Zoning Ordinance to Establish Planned Development Zone 18" a copy of which is attached hereto and made a copy of this Resolution; and it is FURTHER RESOLVED, that the Town Clerk be and she hereby is directed to enter said local law into the minutes of this meeting and in the local law book of the Town of Danby, to publish a copy of said local law as required by law, and to give due notice of adoption of said local law to the Secretary of State of the State of New York. A roll call vote on the resolution resulted as follows: Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously STATE OF NEW YORK ) COUNTY OF TOMPKINS)SS: TOWN OF DANBY ) I Carol W. Sczepanski,Town Clerk in the Town of Danby,a Municipal Corporation of the County of Tompkins, State of New York,hereby certify that the forgoing resolution is a true and exact copy of a resolution duly adopted by the Town Board of said Town of Danby at Regular meeting held on the 10th day of May,2004. • IN WITNESS WHEREOF,I have hereunto set my hand and the Seal of the Town of Danby,this 13th day of May 2004. Carol W. Scz li.a t ki,Town Clerk • ••IIMIIIIIII■1■MMM■MNMMIMMEEIMINM7 nH -I' (16111(1> 1_6701 oad t_ 3. .20:0"/ 4 . Na/m-e- 5-0 z It' / 1y( - ‘ ) w 147-n0< /a J. Migi-kd citt- 60/urok1 RD, Pi' • 41 ittuzy ovieht 6rAy- A5? ig2.1/44-7 4.313-- 68r11-771__/GI:- --T j7)--nfLo (01 5 D(AA 11 ' 41)kjk gk- °---JotAAALQ. /' 1 i 1 i . e- • TOWN OF DANBY PUBLIC HEARING MINUTES HIGHLAND FARMS MAY 3, 2004 PRESENT: Supervisor Dietrich Councilpersons: Joel Gagnon, Norbert Nolte, Naomi Strichartz, Gladys Varona-Lacey Others Present: Susan Beeners - Code Enforcement Officer Carol Sczepanski - Town Clerk Linda Howe - Deputy Town Clerk Susan Howe - Highway Department Secretary Applicants - Janet and Tom Gray Members of the Public: William and Cheri Farrell, Will Parker, Ann Klingensmith, Ted Jones, Robert Roe Public Hearing Declared Open Supervisor Fredric Dietrich declared the public hearing open at 7:05 p.m. and read the following Notice of Publication: "PLEASE TAKE NOTICE,that the Town Board of the Town of Danby will hold a public hearing on Monday,May 3, 2004 at 7:00 p.m. at 1830 Danby Road,Tompkins County, Ithaca,New York to consider the establishment of a Planned Development Zone by Local Law, and Approval of the General Site Plans for, the proposed `Highland Farms Dog Boarding Facility, proposed to consist of a preexisting kennel with three(3)indoor/outdoor runs and a new kennel with ten (10) indoor/outdoor runs, on Town of Danby Tax Parcel No. 8.-1-12.15, 8.33+/- acres total, on the north side of West Miller Road. Tom and Janet Gray, applicants. Copies of the Proposed Local Law may be obtained from the Town Clerk during regular working hours. All persons will be heard either in writing or in person. A meeting of the Town Board will follow the public hearing. By Order of the Town Board Carol W. Sczepanski, Town Clerk Dated: April 22, 2004 Published: April 24, 2004" Communications Received: Jim Hovanec - letter objects to proposal. Affidavit of Publication Affidavit of Service by Mail and posting Tompkins County Planning Department Review Janet Gray described the plans for the proposed Highland Farms Dog Boarding Facility and 2 Public Hearing Minutes Highland Farms May 3, 2004 explained the design to control noise. The building will be build to look like a barn keeping in design for the agricultural area. Members of the Public: Aim Klingensmith of 41 Muzzy Road is concerned about barking dogs although she does not live in the immediate area. Sherrie Farrell- 581 East Miller Road-is in support of the dog kennel and is very satisfied with how they run their facility. Sue Howe - West Miller Road - is in support of the kennel. Bill Farrell - said that neighbor notification was extended from 500 feet to 1500 feet. Will Parker- 524 Comfort Road had no complaint was just present to find out the general mood of the community. Bob Roe- 1820 Danby Road reported to the board that this proposal was before the Planning Board. They unanimously approved the revised proposal at their public hearing. Linda Howe - had no complaints about the proposal. Public Hearing Declared Closed: The public hearing was declared closed at 7:38 p.m. of/aipJ Carol W/ .-epanski, Town Clerk phm-gray.04 0.115 C /71,ompkins County l/_OA 4#"*44 4 DEPARTATE R OF PLANNING X1(21 East"Court St r et)j Ithaca,<N'ely,Ytirk 14850 Edward C.Marx,AICP Telephone(607) 274-5560 Commissioner of Planning ` Fax(607) 274-5578 February 18, 2004 Ms. Susan Beeners, Code Enforcement Officer Town of Danby 1830 Danby Road Ithaca,NY 14850-9419 Re: Review Pursuant to §239 -1 and-m of the New York State General Municipal Law Action: Establishment of a Planned Development Zone,Highland Farms Dog boarding Facility, Tax Parcel No. 8.-1-12.15 Dear Ms. Beeners: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Depai tiuent pursuant to §239 -1 and -m of the New York State General Municipal Law. The Department has reviewed the proposal, as submitted, and has determined that it has no negative inter-community, or county-wide impacts. The Department offers the following comment on this proposal: In lieu of establishing a Planned Development Zone, we recommend an amendment to the town's zoning ordinance that would allow kennels/boarding facilities by special permit in districts determined to be generally appropriate for such use. This would provide for some discretionary review while maintaining consistency with the underlying zoning district and the comprehensive plan. A special permitted use would ensure that the zoning ordinance is applied in a consistent manner when future requests arise and also allow for greater flexibility in redeveloping the site within the context of the neighboring properties and the existing zoning if the kennel were to close. Please inform us of your decision so that we can make it a part of the record. Sincerely, Edward C. Marx, AICP Commissioner of Planning AR._ - TOWN OF DANBY FINAL DRAFT PROPOSED LOCAL LAW NO. 1 OF 2004 Be it enacted by the Town Board of the Town of Danby as follows: — A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ESTABLISH PLANNED DEVELOPMENT ZONE 18 Section 1. The Zoning Ordinance of the Town of Danby as re-enacted, and re-adopted by the Town Board on December 11, 1991, and subsequently amended, is further amended as follows: 1. Town of Danby Planned Development Zone 18 is hereby established, and shall be comprised of Town of Danby Tax Parcel 8.-1-12.15, located on the north side of West Miller Road, as shown on maps entitled"Attachment `A', Proposed Planned Development Zone"; "Attachment `C', Site Plan, Proposed `Highland Farms' Planned Development Zone"; and "Attachment `D', Detail Plan, Proposed Planned Development Zone, `Highland Farms"; which maps are referenced as the general site plans herein. 2. The area described in Schedule A attached is hereby rezoned from Low Density Residential Zone to Planned Development Zone 18. 3. 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 18 as set forth in this local law. 4. Planned Development Zone 18 shall be subject to the following provisions, notwithstanding any other pertinent zoning, subdivision, or other regulatory requirements: (a) Permitted principal and accessory uses, and uses permitted by Special Permit, along with yards, signs, height, and building area requirements, shall be the same as those permitted in a Low Density Residential Zone, except that in addition to such, a kennel facility shall be permitted, upon approval of the site plan and issuance of a Special Permit by the Planning Board, subject to the following conditions and provisions: (b) Upon approval of the site plan and issuance of a Special Permit, a kennel facility shall be permitted, as currently proposed as follows: a preexisting boarding kennel consisting of 3 indoor/outdoor runs and an outdoor exercise yard, and a new boarding kennel consisting of 10 indoor/outdoor runs and an outdoor exercise yard, with accessory sales of dog food, bedding, and other dog-related supplies, as shown on the general site plans reviewed by the Town Board in conjunction with enacting this t 2 Final Draft Proposed Local Law No. 1 of 2004 Highland Farms local law. Any such kennel facility shall be subject to the following additional conditions and provisions described in this local law. (c) Any Special Permit for a kennel facility or any renewed Special Permit for a kennel facility shall expire at the 5-year anniversary date of its issuance. The Planning Board may, following public hearing, grant renewed Special Permit(s) for a kennel facility, if an application for a renewed Special Permit is made prior to such expiration date(s). (d) The Special Permit for a kennel facility in Planned Development Zone 18 shall be personal to Thomas and Janet Gray, doing business as Highland Farms, L.L.C., and shall not be transferable unless a Special Permit for a kennel facility is granted to a successor in interest following Public Hearing. (e) As part of any application for a Special Permit related to a kennel facility, and prior to any transfer of an interest in the property or a portion of the property located in Planned Development Zone 18, for any use whatsoever, the owner of said property or an operator of any kennel facility in said zone will provide written proof to the Planning Board that the purchaser has been informed that the parcel to be purchased is within Planned Development Zone 18 and that said purchaser has been provided with a copy of this Local Law, and with all subsequent decisions of the Town Planning Board and Town Board related to actions within this Zone, and said purchaser will provide the Planning Board with written confirmation that he/she understands the requirements of Planned Development Zone 18 and will abide by any requirements related to the use of that Zone. (f) The conditions and provisions of this local law shall be binding on all present and future successor owners and/or operators of any kennel facility within the Zone. Such owners and/or operators of the kennel facility shall file this Local Law, and any subsequent decisions of the Town related to the granting of Special Permits for a kennel facility, in the office of the Tompkins County Clerk. (g) In addition, any kennel facility approved for this Zone shall be subject to the following requirements: (i) The delivery and pickup of dogs shall be by appointment. (ii.) An attendant shall be present at the kennel facility at least between the hours of 8:00 a.m and 6:00 p.m. (iii) No dogs shall be in exterior areas of the kennel facility unless the attendant is on the premises. 3 Final Draft Proposed Local Law No. 1 of 2004 Highland Farms (iv) No dogs shall be kept in exterior areas of the kennel facility between sunset and sunrise. (v) Barking dogs outside shall be promptly placed in the inside kennels, and placed outside again only after it is reasonably ascertained by the kennel facility operators that the barking will not resume. For purposes of this local law, the following shall be used as criteria in defining the term `barking dog': `Barking Dog' shall mean: (a) a dog that barks, bays, cries, howls, or makes any other noise continuously and/or incessantly for a period of ten minutes or barks intermittently for '/2 hour or more to the disturbance of any person at any time of day or night; or (b) a dog that engages in such habitual or continued barking, howling or whining so as to cause a person's rest to be broken, his sleep to be interrupted or the reasonable use or enjoyment of his home or property to be otherwise interfered with, disturbed or diminished or that causes a person to otherwise be harassed, annoyed or disturbed; provided, however, that a dog shall not be deemed a `barking dog' for purposes of this local law if, at the time the a dog is barking or making any other noise, a person is trespassing or threatening to trespass on the subject property, or for any other legitimate cause which teased or provoked the dog. (vi) The kennel facility shall also be subject to the provisions of Town of Danby Local Law No. 1 of the Year 1984, "A Local Law Regulating and Controlling the Activities of Dogs in the Town of Danby, to be Known as the `Dog Control Law' and Supersedes Local Law Number 1 of the Year 1976", and any successor amendment. (vii) The kennel facility shall be operated in a safe, sanitary, and humane condition. (viii) The new kennel shall not contain more than 22 dogs at any one time. (ix) The existing kennel shall not contain more than 4 dogs at any one time. (x) The owners and operators of the kennel facility shall at all times keep and maintain on the premises accurate records of the identities of all dogs kept on the premises, and the number of dogs on the premises on each day. (xi) The kennel shall not be used for the breeding of dogs. (xii) Accessory sales of dog food, bedding, and other supplies shall be by appointment, and shall be limited to the hours of 8:00 a.m. and 6:00 p.m. M. �. 4 Final Draft Proposed Local Law No. 1 of 2004 Highland Farms (xiii) A freestanding sign identifying the facility may be located on the subject property. Such a sign shall be no larger than 10 square feet,and may be illuminated but not flashing. Any illumination shall have the lights shielded as much as practicable to direct _ _ _ the lights only at the sign. (xiv) The construction and location of the proposed new kennel shall be as shown on the final site plans approved by the Planning Board, which final site plans shall be substantially in accord with the general site plans referred to above. No alteration, amendment, or change in the final site plans as approved by the Planning Board shall be permitted without further approval by the Planning Board, except as provided in the Zoning Ordinance relative to modifications to site plans, except that no construction or alteration of more than 500 square feet of enclosed space, whether on one or more stories, and no enlargement of an existing or a new kennel building that involves an increase of more than 5% of the square footage of the building plans reviewed by the Town Board in conjunction with enactment of this local law, shall be permitted unless a modified Special Permit is granted by the Planning Board. Section 2. 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 3. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 4. This law shall take effect 20 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 Planned Development Zone 18: Commencing at a point on the centerline of West Miller Road, which point is 1058 feet easterly of the centerline of Comfort Road at its intersection with West Miller Road; Running thence North 10 degrees, 25 minutes East a distance of 1236.1 feet to an iron pin; Running thence South 81 degrees, 06 seconds East a distance of 330.6 feet to an iron pin; 5 Final Draft Proposed Local Law No. I of 2004 Highland Farms Running thence South 10 degrees, 25 minutes West a distance of 914.22 feet to an iron pin; Running thence North 79 degrees, 52 minutes West a distance of 132 feet to a monument; Running thence South 10 degrees, 25 minutes East a distance of 328.88 feet to a point at the centerline of West Miller Road; Running thence North 79 degrees, 58 minutes West to the point of beginning. Being the land labelled as `Parcel No. 2' on a map entitled"Map to show Parcels No. 1 and No. 2, 158 West Miller Road, Town of Danby, Tompkins County, New York," dated April 15, 1002, by Howard R. Schlieder, L.S. ` 9 TOMPKINS "' • COUNTY A � � xar Tai N OF DANBY - TOMPKINS COUNTY `` ^? TOWN CLERK'S OFFICE 1830 Danby Road Ithaca, New York 14850 SPECIAL MEETING OF THE TOWN BOARD - Monday, May 10, 2004, at 5:00 p.m., Town Hall, 1830 Danby Rd, Ithaca, NY 14850. PURPOSE OF THE MEETING - consultation with Town Attorney Phone: (607) 277-4788 Fax: (607) 277-0559 email: danbytownclk @aol.com i /Y6 \d Further revised draft S.H, 4/12/04 after consultation with Rich Stumbar a �, A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ESTABLISH PLANNED DEVELOPMENT ZONE 18 Section 1. The Zoning Ordinance of the Town of Danby as re-enacted, and re-adopted by the Town Board on December 11, 1991, and subsequently amended, is further amended as follows: 1. Town of Danby Planned Development Zone 18 is hereby established, and shall be comprised of Town of Danby Tax Parcel 8.-1-12.15, located on the north side of West Miller Road, as shown on maps entitled "Attachment `A', Proposed Planned Development Zone"; "Attachment `C', Site Plan, Proposed `Highland Farms' Planned Development Zone"; and "Attachment `D', Detail Plan, Proposed Planned Development Zone, `Highland Farms";which maps are referenced as the general site plans herein. 2. The area described in Schedule A attached is hereby rezoned from Low Density Residential Zone to Planned Development Zone 18. 3. 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 18 as set forth in this local law. 4. Planned Development Zone 18 shall be subject to the following provisions, notwithstanding any other pertinent zoning, subdivision, or other regulatory requirements: (a) Permitted principal and accessory uses, and uses permitted by Special Permit, along with yards, signs, height, and building area requirements, shall be the same as those permitted in a Low Density Residential Zone, except that in addition to such, a kennel facility shall be permitted, upon approval of the site plan and issuance of a Special.Permit by the Planning Board,subject to the following conditions and provisions: (b) Upon approval of the site plan and issuance of a Special Permit, a kennel facility shall be permitted, as currently proposed as follows: a preexisting boarding kennel consisting of 6 indoor/outdoor runs and an outdoor exercise yard, and a new boarding kennel consisting of 10 indoor/outdoor runs and an outdoor exercise yard, with accessory sales of dog food, bedding, and other dog-related supplies, as shown on the general site plans reviewed by the Town Board in conjunction with enacting this local law. Any such kennel facility shall be subject to the following additional conditions and provisions described in this local law. (c) Any Special Permit for a kennel facility or any renewed Special Permit for a kennel facility shall expire at the 5-year anniversary date of its issuance: The Planning Board may, following public hearing, grant renewed Special Permit(s) for a kennel facility, if an application for a renewed Special Permit is made prior to such expiration date(s). i (d) The Special Permit for a kennel facility in Planned Development Zone 18 shall be personal to Thomas and Janet Gray, doing business as Highland Farms, L.L.C., and shall not be transferable unless a Special Permit for a kennel facility is granted to a successor in interest following Public Hearing. (e) As part of any application for a Special Permit related to a kennel facility, and prior to any transfer of an interest in the property or a portion of the property located in Planned Development Zone 18, for any use whatsoever, the owner of said property or an operator of any kennel facility in said zone will provide written proof to the Planning Board that the purchaser has been informed that the parcel to be purchased is within Planned Development Zone 18 and that said purchaser has been provided with a copy of this Local Law, and with all subsequent decisions of the Town Planning Board and Town Board related to actions within this Zone, and said purchaser will provide the Planning Board with written confirmation that he/she understands the requirements of Planned Development Zone 18 and will abide by any requirements related to the use of that Zone. (f) The conditions and provisions of this local law shall be binding on all present and future successor owners and/or operators of any kennel facility within the Zone. Such owners and/or operators of the kennel facility shall file this Local Law, and any subsequent decisions of the Town related to the granting of Special Permits for a kennel facility, in the office of the Tompkins County Clerk.417/(g) An arm status re..rt describi g the op- atio of ..e k el ility, al g with an ual ins ction by e Town de Enfor,-me 0 rice d a ort abo that in ection, Il be s 'mined to e Pl. ',, Bo d sr its vie and for i asses ent , comp ' ce of t,- facility ' h the pro,isio of his lo, all_. , and wit any S ecial ermit anted re ated to a ennel facility. (h) In addition, any kennel facility approved for this Zone shall be subject to the following requirements: (i) The delivery and pickup of dogs shall be by appointment. (ii.) An attendant shall be present at the kennel facility at least between the hours of 8:00 a.m and 6:00 p.m. (iii) No dogs shall be in exterior areas of the kennel facility unless the attendant is on the premises. (iv) No dogs shall be kept in exterior areas of the kennel facility between sunset and sunrise. (v) Barking dogs outside shall be promptly placed in the inside kennels, and placed outside again only after it is reasonably ascertained by the kennel facility operators that the barking will not resume. For purposes of this local law, the following shall be used as criteria in defming the term `barking dog': `Barking Dog' shall mean: (a.)a dog that barks, bays, cries, howls, or makes any other noise continuously and/or incessantly for a period of ten minutes or barks intermittently for 1/2 hour or more to the disturbance of any person at any time of day or night; or (b.)a dog that engages in such habitual or continued barking, howling or whining so as to cause a person's rest to be broken, his sleep to be interrupted or the reasonable use or enjoyment of his home or property to be otherwise interfered with, disturbed or diminished or that causes a person to otherwise be harassed, annoyed or disturbed; provided, however, that a dog shall not be deemed a `barking dog' for purposes of this local law, if, at the time the dog is barking or making any other noise, a person is trespassing or threatening to trespass on the subject property, or for any other legitimate cause which teased or provoked the dog. (vi) The kennel facility shall also be subject to the provisions of Town of Danby Local Law No. 1 of the Year 1984, "A Local Law Regulating and Controlling the Activities of Dogs in the Town of Danby, to be Known as the `Dog Control Law' and Supersedes Local Law Number 1 of the Year 1976", and any successor amendment. (vii) The kennel facility shall be operated in a safe, sanitary, and humane condition. (viii) The new kennel shall not contain more than 22 dogs at any one time. (ix) The existing kennel shall not contain more than 4 dogs at any one time. (x) The owners and operators of the kennel facility shall at all times keep and maintain on the premises accurate records of the identities of all dogs kept on the premises, and the number of dogs on the premises on each day. (xi) The kennel shall not be used for the breeding of dogs. (xii) Accessory sales of dog food, bedding, and other supplies shall be by appointment, and shall be limited to the hours of 8:00 a.m. and 6:00 p.m. (xiii) A freestanding sign identifying the facility may be located on the subject property. Such a sign shall be no larger than 10 square feet, and may be illuminated but not flashing. Any illumination shall have the lights shielded as much as practicable to direct the lights only at the sign. t a (xiv) The construction and location of the proposed new kennel shall be as shown on the final site plans approved by the Planning Board, which final site plans shall be substantially in accord with the general site plans referred to above. No alteration, amendment, or change in the final site plans as approved by the Planning Board shall be permitted without further approval by the Planning Board, except as provided in the Zoning Ordinance relative to modifications to site plans, except that no construction or alteration of more than 500 square feet of enclosed space, whether on one or more stories, and no enlargement of an existing or a new kennel building that involves an increase of more than 5% of the square footage of the building plans reviewed by the Town Board in conjunction with enactment of this local law, shall be permitted unless a modified Special Permit is granted by the Planning Board. Section 2. 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 3. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 4. This law shall take effect 20 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 Planned Development Zone 18: Commencing at a point on the centerline of West Miller Road, which point is 1058 feet easterly of the centerline of Comfort Road at its intersection with West Miller Road; Running thence North 10 degrees, 25 minutes East a distance of 1236.1 feet to an iron pin; Running thence South 81 degrees, 06 seconds East a distance of 330.6 feet to an iron pin; Running thence South 10 degrees, 25 minutes West a distance of 914.22 feet to an iron pin; Running thence North 79 degrees, 52 minutes West a distance of 132 feet to a monument; Running thence South 10 degrees, 25 minutes East a distance of 328.88 feet to a point at the centerline of West Miller Road; Running thence North 79 degrees, 58 minutes West to the point of beginning. • • Being the land labelled as `Parcel No. 2' on a map entitled "Map to show Parcels No. 1 and No. 2, 158 West Miller Road, Town of Danby, Tompkins County,New York,"dated April 15, 1002, by Howard R. Schlieder, L.S. 1 TOWN OF DANBY PLANNING BOARD MINUTES PUBLIC HEARING -HIGHLAND FARMS FEBRUARY 18, 2004 PRESENT: Chairperson: Robert Roe Planning Board Members: William Farrell, Laurene Gilbert, Linda Hansen, Dave Mastroberti, Olivia Vent, Lee Washesky Others Present: Carol Sczepanski - Secretary Susan Beeners - Code Enforcement Officer Applicants Janet and Tom Gray Members of the Public: Lisa Dimarco, Esther Dotson, Margie VanDeMark, Johathan Joseph, Jennifer Bryce, Chip Bryce, Brian Allis, James Herson, Douglas Gillogly, Enid, Zollweg, Carol Bushberg, Thro Wilcox, Jane Schantz (Waldorf School) Public Hearing Declared Open Chairperson Robert Roe declared he public hearing open at 7:26 p.m. and read the following "Notice of Publication": PLEASE TAKE NOTICE that a public hearing will be held by the Planning Board of the Town of Danby on Wednesday, February 18, 2004 at 7:20 p.m. at 1830 Danby Road, Ithaca,New York to Consider a Recommendation to the Town of Danby Town Board with respect to an application for the establishment of a Planned Development Zone for the proposed"Highland Farms Dog Boarding Facility" proposed to consist of a new kennel with ten(10) indoor/outdoor runs, and a preexisting kennel with three(3) indoor/outdoor runs, on Town of Danby Tax Parcel No. 8.-1-12.15, 8.33+/- acres total, on West Miller Road,currently in a Low Density Residential Zone. Tom and Janet Gray, applicants. All interested persons will be heard either in person or in writing. A regular meeting of the Planning Board will follow the public hearings. By Order of the Planning Board Carol W. Sczepanski, Town Clerk Dated: February 10, 2004 Publish February 12, 2004 2 Planning Board Minutes Public Hearing - Highland Farms February 18, 2004 Communications: Affidavit of Notice by Mail Affidavit of Publication' _ _ Tompkins County Planning Review Comments from the Public: Janet Gray explained to the public the proposed Highland Farms Dog Boarding project. Marjorie VanDeMark said that she is a neighbor that borders the Gray property and would not have a problem with the proposed dog kennel. Public Hearing Declared Closed Chairperson Roe declared the public hearing closed at 7:30 p.m. a/C -L/(di s eiff Carol W. Scze..; ', Secretary phm-gray.04 • PROPOSED RESOLUTION NO._OF 2004 SEQRA DETERMINATION, RELATED TO CONSIDERING ESTABLISHMENT OF A PLANNED DEVELOPMENT ZONE FOR THE PROPOSED `HIGHLAND FARMS DOG BOARDING FACILITY' WHEREAS,this action is to Consider Establishment of a Planned Development Zone by Local Law, and Approval of the General Site Plans, for the proposed `Highland Farms Dog Boarding Facility', proposed to consist of a preexisting kennel with 3 indoor/outdoor runs and a new kennel with 10 indoor/outdoor runs, on Town of Danby Tax Parcel No. 8.-1-12.15, 8.33+/- acres total, on the north side of West Miller Road; Tom and Janet Gray, applicants;and WHEREAS,this is a Type I action for which the Town Board of the Town of Danby has been legislatively determined to act as Lead Agency in environmental review; and for which the Planning Board is an involved agency;and WHEREAS,the Planning Board of the Town of Danby by Resolution No. 6 of February 18, 2004 recommended to the Town Board that a negative determination of environmental significance be made for this action; NOW, THEREFORE,IT IS RESOLVED, that the Town Board of the Town of Danby hereby makes a negative determination of environmental significance for this Type I action. PROPOSED RESOLUTION NO. _OF 2004 CONSIDERATION OF ESTABLISHMENT OF A PLANNED DEVELOPMENT ZONE FOR THE PROPOSED `HIGHLAND FARMS DOG BOARDING FACILITY' WHEREAS,this action is to Consider Establishment of a Planned Development Zone by Local Law, and Approval of the General Site Plans, for the proposed `Highland Farms Dog Boarding Facility', proposed to consist of a preexisting kennel with 3 indoor/outdoor runs and a new kennel with 10 indoor/outdoor runs, on Town of Danby Tax Parcel No. 8.-1-12.15, 8.33+/- acres total, on the north side of West Miller Road; Tom and Janet Gray, applicants; and WHEREAS,this is a Type I action for which the Town Board of the Town of Danby, acting as Lead Agency in environmental review, has on May 3, 2004 made a negative determination of environmental significance; and WHEREAS,the materials accompanying the proposed action were referred to the Tompkins County Department of Planning for review pursuant to General Municipal Law Sections 239-land—m; and that Department responded on February 18, 2004 that it had determined that the proposal had no negative inter-community or county-wide impacts; and WHEREAS,the Planning Board of the Town of Danby by Resolution No. 7 of February 18, 2004, having reviewed the distances between the facility and adjacent residences recommended to the Town Board waiver of Section 701 of the Town of Danby Zoning Ordinance as requested by the applicants;recommended approval of the general site - plans; and recommended that a local law establishing the Planned Development Zone be enacted; and WHEREAS,the Town Board of the Town of Danby on May 3, 2004 has held a public hearing to hear all interested parties in the matter, which hearing was duly advertised in the Ithaca Journal; NOW, THEREFORE IT IS RESOLVED,that the Town Board of the Town of Danby, having reviewed the distances between the existing and proposed kennel facilities and adjacent residences, along with the proposed design and materials of the proposed new kennel, hereby grants a waiver of Section 701 of the Town of Danby Zoning Ordinance, which requires a minimum distance of 200 feet from any kennel to a Residence Zone, to permit the minimum distances shown on the Site Plan labelled"Attachment C", which is part of the application materials for this action; and it is FURTHER RESOLVED,that the Town Board of the Town of Danby approves the general site plans submitted as part of the application materials for this action; and it is FURTHER RESOLVED, that the Town Board of the Town of Danby adopts Local Law Number_of 2004, entitled "A Local Law to Amend the Zoning Ordinance to Establish Planned Development Zone 18"a copy of which is attached hereto and made a copy of this Resolution;and it is FURTHER RESOLVED, that the Town Clerk be and she hereby is directed to enter said local law into the minutes of this meeting and in the local law book of the Town of Danby,to publish a copy of said local law as required by law, and to give due notice of adoption of said local law to the Secretary of State of the State of New York. misminmE April 30, 2004 To: Town Board of the Town of Danby 1830 Danby Road, Ithaca, NY 14850 From: Jim Hovanec 108 Olde Towne Road, Ithaca, NY 14850 Re: Proposed local law for planned development zone on West Miller Road, Town of Danby. To the Danby Town Board: I am the co-owner of the property at 182 West Miller Road along with my brothers and mother. The property has been in our family for 55 years and will be on the real estate market in the future. My concerns for the proposed dog kennel at 158 West Miller Road are the noise/ smell that such a facility could potentially produce and the impact of existing property values in the area. Our property is located immediately West of the proposed facility. I feel that a business of this nature could also have a negative effect not only on the surrounding properties but also on future development of nearby raw acreage. I have read the "FINAL DRAFT LOCAL LAW NO. 1 OF 2004" and understand that most of these issues have been addressed on paper but I am very skeptical of the "real life" out come. Dogs by nature bark and they won't always be inside. When inside will the building be sound proof? Is it air-conditioned so that all of the windows will be closed at night as well as during business hours? When prospective buyers look at surrounding real estate and see a "dog kennel" sign, what will be there reaction? I like dogs and the Gray's. Tom and Janet have always been good neighbors and I believe that their intentions are pure. However, I'm not in favor of putting 22 dogs in the middle of an older, quiet, established residential neighborhood. It is at best short sited and at worst disastrous to surrounding homes/land values. I ask that the Town Board of the Town of Danby to take a hard look before approval of this proposal while thinking of the long term effect on surrounding properties. Sincerely, Jim Hovanec 6 110 607-277-6933 `r) d jimA jimhovanec.com 0 - G' AFFIDAVIT OF PUBLICATION • The Ithaca JOURNAL . . . , 1 TOWN OF DANBY State of New York,Tompkins County,ss.: PUBLIC HEARING NOTICE I. 1-T&A C . L'E being duly sworn,deposes and PLEASE TAKE NOTICE, that; the Town Board of the Town says that she/he resides in Ithaca, count and state aforesaid and that I of Danby on hold a public' y hearing arri on M ng n Monday, May' 3, 2004 at 7:00 p.m. at I she/he is Clerk of The Ithaca 1830 Danby .Road, Tompkins• County, Ithaca,) 'New York to consider the Journal a public newspaper printed and published in Ithaca aforesaid establishment of a,Planned Development Zone by Local and that a notice of which the annexed is a true copy was published ;Law,-and Approval of the' General Site Plans for,•the proposed 'Highland Farms i in said paper Dog Boarding Facility', pro- posed to consist of a ' ' I preexisting kennel with three (3)indoor/outdoor runs and' 'a new kennel with ten (10) indoor/outdoor runs, on tTown of Danby Tax Parcel; No. 18.-1-12:15, 8.33+/- 1 acres total,on the north side of West Miller Rood. Tom 1 and that the first publication of said notice was on the ..)`-t and Janet Gray,applicants. ' I Copies'of the Proposed Lo-I day of �, �O c 1-k. co Law may Cl obtained 1 v 1 from the Town Clerk during regular working hours. I 1..;. All persons will be heard Subscribed and sworn to before me this DTI day of that in writing or in person. CitLv.),..a., A meeting of the Town c)-(1" • 'Board will follow the public hearing. By Order of the Town Board. (-_____(:)....e__ I Carol W.Sczepanski, Town Clerk - 8[�.`_ I Dated: April 22,2004 14/24/2004 Notary Public JEAN FORD Notary Public, State of New York No.4654410 Qualified in Tompkins County Commission Expires May 31,20 Il • TOWN OF DANBY PUBLIC HEARING NOTICE PLEASE TAKE NOTICE, that the Town Board of the Town of Danby will hold a public hearing on Monday, May 3, 2004 at 7:00 p.m. at 1830 Danby Road, Tompkins County, Ithaca, New York to consider the establishment of a Planned Development Zone by Local Law, and Approval of the General Site Plans for, the proposed `Highland Farms Dog Boarding Facility', proposed to consist of a preexisting kennel with three (3) indoor/outdoor runs and a new kennel with ten (10) indoor/outdoor runs, on Town of Danby Tax Parcel No. 8.-1-12.15, 8.33+/- acres total, on the north side of West Miller Road. Tom and Janet Gray, applicants. Copies of the Proposed Local Law may be obtained from the Town Clerk during regular working hours. All persons will be heard either in writing or in person. A meeting of the Town Board will follow the public hearing. By Order of the Town Board Carol W. Sczepanski, Town Clerk Dated: April 22, 2004 Publish: April 24, 2004 TOWN OF DANBY PUBLIC HEARING NOTICE Affidavit of Publication Requested. PLEASE TAKE NOTICE that the Town Board of the Town ( /�• • of Danby will hold a public hearing on onday, May / /�� 3, 204 at 7:00 pm. at i ,/, rf 1830 Danby Road, �' Tompkins County, Ithaca, New York fo consider the establishment of a Planned Development Zone by Local Law and Approval of the 1T} General Site Plans for, the- pproposed 'Highland Farms Dog Boarding Facility, pro- sposed to- consist of. a preexisting kennel with three (3)indoor/outdoor runs and I a new kennel with ten (10) indoor/outdoor runs, on = Town of Danby Tax Parcel •No. 8.-1-12.15, -8.33 4 acres,total,on the north side of West Miller Road. Tom and Janet Gray,applicants. Copies of the Proposed Lo- cal Law may be obtained from the Town Clerk during regular working hours. All persons will be heard ei- ther in writing or in person. I A meeting of the Town Board will follow the public r hearing. By Order of the Town Ca Board. Carol W.Sczepan'ski Town Clerk Date'd:'April 22,2004 4/24/2004 I TO: ADJACENT LANDOWNERS OF TOWN OF DANBY TAX PARCEL NO. 8.-1-12.15 FROM: TOWN OF DANBY RE: TO CONSIDER A PROPOSED LOCAL LAW FOR PLANNED DEVELOPMENT ZONE ON WEST MILLER ROAD PLEASE TAKE NOTICE, that the Town Board of the Town of Danby will hold a public hearing on Monday, May 3, 2004 at 7:00 p.m. at 1830 Danby Road,Tompkins County, Ithaca, New York to consider the establishment of a Planned Development Zone by Local Law, and Approval of the General Site Plans for, the proposed `Highland Farms Dog Boarding Facility', proposed to consist of a preexisting kennel with three (3) indoor/outdoor runs and a new kennel with ten (10) indoor/outdoor runs, on Town of Danby Tax Parcel No. 8.-1-12.15, 8.33+/- acres total, on the north side of West Miller Road. Tom and Janet Gray, applicants. Copies of the Proposed Local Law may be obtained from the Town Clerk during regular working hours. All persons will be heard either in writing or in person. A meeting of the Town Board will follow the public hearing. By Order of the Town Board Carol W. Sczepanski,Town Clerk Dated: April 22, 2004 \,."' illeritti I Z '� 'a 0 s..*'-' S 1 ../ \ S.loy, ,. All d711 6\‘■ ifini ,..-..■ % IN it - d " #: lit IT Billiiingl 4 I 1 r. enlov L VAN DE MARK THOMAS &.JANET GRAY HOVANEC, S. ET AL 1 COMFORT RD. 158 WEST MILLER RD 475 SNYDER HILL RD I!, ITHACA NY 14850 ITHACA NY 14850 ITHACA NY 14850 GEORGE &DAWN PARKS JUDITH BARGHER CARL &BARBARA MOSHE 142 WEST MILLER RD 178 WEST MILLER RD R ITHACA NY 14850 190 WEST MILLER RD ITHACA NY 14850 ITHACA NY 14850 C:oaoVe. = IA)in'L% ' 5 D Z `,rte., 4 d S5"2cop" cxdL. /-'k&c --- N Li , L8 s • 9 - SU 1., K !��✓J - o'1 O ✓ vr S 1A e f a r& 2-17 Ity7? tea,r 114..e {-e-,r 24 Lo i 1 40a 1 (° A ►t,=h 1 Y La r4 lAjAh 1' - 101 . G,fi► �, -. th z0 ) • T-nt . 1 48SI) 1 — + - 1 . I Ge•gry5{,. Voss 36c 1.0 to , • &hay.e_ _. w 1 ;%-, 1 (5-0-0 o+- n I 6 d tAY1) AVERY® Address Labels Laser 5160® .. 6 .&kr A-/4141 U-Y1 w t - / s--t)---0 1 .41" 1 - 3 ? ' / — l''c/1/4_1 -r/ el:A.-0-krke.,t— _ 1 — l — 6 .-,-1 , 2_ 7 . , 4' p_dy,,,e_,t.4-- - pla,,--c.its- okc.nr_v-ck( 4/s" . e.- l a 3 z t- ✓n;((ed- 8 - I - ( 2_ , II cJIJ\iLf-S—A, 6 _ ) _ ( 2-, , 3 . g _/_, , i3 ' Pk:t- L;re.A.-- _________----------ILjlh)3:19 • ..... .A.._,G,___,,t,c_cf,_ 0 — I — 1t I /90 t..), 4iZtic, (2d . — J / o . ( (� • 2 ��, � 7�-f 1 ) f v-el c -, .60°?O L-,on R & t i cat to. Yr, ; l(-64— tZve .a. -1 - ( - (05- , -c Ef /K. /a6 w. .J -1 - I - Co -7 , 1 rittAijzn-- -rA. k-i/K- fekb /8 i ' /0/2-( z•J,; - 7 - 9 4g6-6- / v/7 \ '--:;',:-.-5.--------1'47."-- a' ly ... , •c< ,.br-P.�,+t' �ib, � &+w '�'c- -. +� N't-` vl y -.t3°x- t stt' 3 Wti+� .y. �S`'•.yc.-c 4 t•r,'t. '�-,.-r r �'�.1`�: �' n •ACi'.'r 4 F,� ,��n''yS it= • n ^-^"•-r.i .i' ;i. _.r i ,?-,/.—."- a , i w %.,.—:1;1.4_, y .t F.•x - yvn, - J r:-..N : •^X Y f�?'�5.4%Y S jt ,—..,'":'„?..r.. ..,44.4.-- -1:•`•"!:.;.L--�SMy t ?'-' ' es ,d�'-.�..-r • r,4 s .+'k4. ,$rr•. ` .� .*rte 2E�"� `tt16 _ . •P--..S. ,.• w�i';# ( � v-.�rE t.�a r "tT' `+ . yY` --.•1 S r .- — ti xy.,. wr 'Y / 9-.E.Q- '..,.. ••?:. T ,, S C ° L y ` ..• as ..-- 4--'•7:•1..-•:•r".-,,• �y t•_,.c ca_.."- #' '.:4...F,'-'•:-'7-:''5 t - "---t-'• i4r Nsi' S .1 S -`r,• T.. .y r f t�� 1--47..ft gs#,..... . 1- - ,a •. 4'a• . ' p r t- .,x� fi.✓N.,. .1;S. ;L' �y?°)`q v -. - _-..--- ,-..�_-.. - t s.ti `-` - v K - y 1% , .. ...:. • • , . „M.!, , t �e�. T'Y ! > II �//j��. a r. • t r`T✓ i '1217 i %-.7 7.} • .., • T .: -w- i� �' 'F"� '-' " 'fix' _ •'-_=,d.. __ _y -- - -- --= ,„ �F' 2- b O 4 ter.- v • , S u u • i, I m. / , ;s{ .e .44 • 1 I n T y i q T ; C) .- _,-' ..F-,1"..'/1 iuJ Afi. _ •• ar..._--.:-x--24•.-"fir : -:`?;.p�::_-- /a _---- - ✓U • i...,..........: y. U ..i -• ...±:%::./ t-,,...;r - J a -' '•- • _ IIIIIIIIIIIIIIIIIIIIIIIIIIIII' -• • V-A-1CLivilP . . .„.......:ss____. • . . . -7- tvl E3 1 .• • . . • v• 4 . \ 2 . . -. 2 i It . I i .........A...." .. .., . =WI , .. .11-4:1116 ., twin,\ • ,... . • , . ...... tr.\1 20 133 C 25.2 1 i s . • ....//\ ,.,V PIOA3C 63,33e" \ -..-.. 1 i 25.1 8 . 1 t),2-„,\\ 1.1 10133.0 • • i 29 It' , ..7.7 . ._.,---•4: 346,- .," / 10200AcC • ... • . \....," ' \ 1 ''..." ,66' .2370.m1 c ..! . 1 \ ... • '\ 63,3 / ,. \ 11, •A •V 0,324 ---. •. \ 11" •4\?,03E-2C . ! e ; ,.1, 21 lig Ac c - 1 . . \ •',‘ -29 ;AI ACC. r-''k, • ' 64, . . 18 t . 5-.,,.,265 I --li : • .1\il,. 10.A9Ac I DO 'tbs...c : \ ,16 \\-4, ' -"."."."e111110011"'- • ! 48.11 (:, at 0 /07.16 .6.11,•--376.3,03.711-.6- • • \.' - -- -.----':--:- ligi''' ....,.. 48.15 E. ae.• ..... . t-•• C:15 • 1 415•V' / . / crc V., • ..t..,, ,, . .\ 0 66 , •E' ! o o 61 ... . / 1, 2.75 64 63 -; • c c .: .m. .\\e..V.s.1, . AC C 65.2 65.1 • 1150i A C 19.20 A C 14.10 AC ....oc 58 .\A- 510 AC5.00 Ac C . ..k... ,..,..„......, 0 ----- , . . ./ t ■ .4,61: 48.12 • A 5... , 55.02 Az C ■ . . . I .. ..... . 2" 67.2 5. ..i.\\,,.,\ \ , P:1 •; 68 \, • WOO Ac C i ; '' 70 \r . \ '.1 en,\ -\ )'''....•6\ \ \ n • 3)37 3,.C 7.\\..”...„ , .1 _ . . .. '1 41.• ' as.. AlliarVa_ . 1 -.--...._..1' • i .- ".. \\ .3,:.lallPti.. . 82.2 • , \ o\\. o 8 .3 WI:AMC / i 8 • \\ „ 69.1 .\•Q‘4: 111"1564234s is • 79.35 Ac C // ,..\\ - to AssAcc ., 33.3. "666. 33.3 , . \\ 94.2 4.2, • 85 5AC s .6. . 1 .0..• : . 15 00 Ac C 93 96 .• . '7.:--z-.,,, Lc 18.00 Ac C - ,. ',10.6.Ac C . ' . • , , ' '• . L , ' ' • u.. k • • s.. ,,,,...... .. .a.,„0.>::::: .-...\ . 10 - ‘ \ --•. Villp...-c ...... w••-• • "4:. ',910-1-•:-.-..;',. ' '.. .,, :.. .-- - .. . . ,......,NOTICE OF DIS.CLAIME.L., SPECIAL SCHOOL. scINFOIRD::T,ION 1 WilirOlirr€. '‘,„...;v:eacP' , ....1''.... . FOR TAX PURPOSES ONLY I I Building Footprint • I- -7 Pars 636.••■••ham do.sod••■•••••■•••1 plawmanc Noe /\/' Curb/Pavement Line /V PIP! NOT TO RE USED FOR CONVEYANCE .• tre 'MCI • Ad a••••••••ca•sel•imam.eflime am.:6•61.mow /V Railroad • .•- A........63361•••••1■611.30:•■Verli Ss.PI..CAEN Crart ■••••■•16 6 yore owl.of easnAle••••••••■••6•1 -7: 11636•••■•13.11131:6•1 Ammo.010•63 1•3,16,...wt.. 30,•••■••Am a on \,./' Hydrography A/ Cu;- ; ._'- .1 3 6 6•6■•1 6 3 1191.0 Imam Camne 0.61 Plommarc 11••6,0313. .6...rye/ores.afar nialwaw.por•••1 TA. , . ...... . ...._....... Snecial District A/ BID. , • se emp a • or 5160° J. &M. VAN DE MARK THOMAS &.JANET GRAY 411 COMFORT RD. 158 WEST MILLER RD HOVANEC, S. ET AL 475 SNYDER HILL RD ITHACA NY 14850 ITHACA NY 14850 ITHACA NY 14850 GEORGE &DAWN PARKS JUDITH BARGHER CARL & BARBARA MOSHER 142 WEST MILLER RD 178 WEST MILLER RD 190 WEST MILLER RD ITHACA NY 14850 ITHACA NY 14850 ITHACA NY 14850 • ® AVERY® Address Labels Laser 5160® . !z TOMPKINS COUNTY T N OF DANBY - TOMPKINS COUNTY TOWN CLERK'S OFFICE 1830 Danby Road Ithaca, New York 14850 AFFIDAVIT OF SERVICE BY MAIL PUBLIC HEARING NOTICE STATE OF NEW YORK : SS: COUNTY OF TOMPKINS: I Carol W. Sczepanski, Town of Danby Town Clerk, being duly sworn, deposes and says: 1. That she is the Town clerk of the Town of Danby, Tompkins County, New York. 2. That on fi is / .23/ a d d/which day is no later than five (5) days prior to the date of the hearing, she caused to be mailed,pursuant to the provisions of the Danby Zoning Ordinance of the Town of Danby,a copy of the notice of hearing,which is attached hereto and made a part hereof, to each of the property owners of the subject property referred to in said notice on both sides of the property affected immediately adjacent extending/500 feet therefrom, the names and addresses of said property owners being contained on the list attached hereto and made a part hereof ()aid, J i 6 E.:0.L A> Carol W. Sczepa ai /, Town Clerk Town of Danby Phone: (607) 277-4788 Fax: (607) 277-0559 email: danbytownclk @aol.com f' THOMAS&JANET GRAY JOHN&MARJORY VAN DE MARK HOVANEC, S. ET AL 158 WEST MILLER RD 400 COMFORT RD 475 SNYDER HILL RD ITHACA NY 14850 ITHACA NY 14850 ITHACA NY 14850 GEORGE&DAWN PARKS JUDITH BARGHER CARL&BARBARA MOSHER 142 WEST MILLER RD 178 WEST MILLER RD 190 WEST MILLER RD ITHACA NY 14850 ITHACA NY 14850 ITHACA NY 14850 RICHARD&JUDITH OLTZ J HENDERSON/M SHEPARD ANITA&LARS WAHLBIN 552 COMFORT RD 2343 PARMENTER RD 123 WEST MILLER RD ITHACA NY 14850 LODI NY 14360 ITHACA NY 14850 JASMINA PETROVIC GEORGE VOSS C.& R. kNAUER 101 E. STATE ST.#207 385 WEST KING RD 615 COMFORT RD. ITHACA NY 14850 ITHACA NY 14850 ITHACA NY 14850 WM. D.&JULIA C. PARKER KATHLEEN A. MC LAREN FRED&PHILIP SOYRING 52 COMFORT RD. 458 COMFORT RD 5090 CURRY RD ITHACA NY 14850 ITHACA NY 14850 TRUMANSBURG NY 14886 KATHLEEN& KAREN LAMB LUCY HASSINGER, ET. AL. MILTON TUCKER 91 W.MILLER RD 105 W. MILLER RD PO BOX 181 ITHACA NY 14850 ITHACA NY 14850 BROOKTONDALE NY 14817 MARCUS MC CARROLL LYNN&CIDNY WESTMILLER JUTTA LOCKER 123 1/2 W. MILLER RD 190 W. MILLER RD 353 COMFORT RD ITHACA NY 14850 ITHACA NY 14850 ITHACA NY 14850 H(\Y s 1J . e .3„, s( \c-\ . -)i V )1\v-1)4k)6P-/ \ _. 1 Final draft reviewed by Town Board April 12, 2004. Quantity of runs in preexisting kennel corrected from 6 to the actual 3. A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ESTABLISH PLANNED DEVELOPMENT ZONE 18 Section 1. The Zoning Ordinance of the Town of Danby as re-enacted, and re-adopted by the Town Board on December 11, 1991, and subsequently amended, is further amended as follows: 1. Town of Danby Planned Development Zone 18 is hereby established, and shall be comprised of Town of Danby Tax Parcel 8.-1-12.15, located on the north side of West Miller Road, as shown on maps entitled "Attachment `A', Proposed Planned Development Zone"; "Attachment `C', Site Plan, Proposed `Highland Farms' Planned Development Zone"; and "Attachment `D', Detail Plan, Proposed Planned Development Zone, `Highland Farms"; which maps are referenced as the general site plans herein. 2. The area described in Schedule A attached is hereby rezoned from Low Density Residential Zone to Planned Development Zone 18. 3. 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 18 as set forth in this local law. 4. Planned Development Zone 18 shall be subject to the following provisions, notwithstanding any other pertinent zoning, subdivision, or other regulatory requirements: (a) Permitted principal and accessory uses, and uses permitted by Special Permit, along with yards, signs, height, and building area requirements, shall be the same as those permitted in a Low Density Residential Zone, except that in addition to such, a kennel facility shall be permitted, upon approval of the site plan and issuance of a Special Permit by the Planning Board, subject to the following conditions and provisions: (b) Upon approval of the site plan and issuance of a Special Permit, a kennel facility shall be permitted, as currently proposed as follows: a preexisting boarding kennel consisting of 3 indoor/outdoor runs and an outdoor exercise yard, and a new boarding kennel consisting of 10 indoor/outdoor runs and an outdoor exercise yard, with accessory sales of dog food, bedding, and other dog-related supplies, as shown on the general site plans reviewed by the Town Board in conjunction with enacting this local law. Any such kennel facility shall be subject to the following additional conditions and provisions described in this local law. (c) Any Special Permit for a kennel facility or any renewed Special Permit for a kennel facility shall expire at the 5-year anniversary date of its issuance. The Planning Board may, following public hearing, grant renewed Special Permit(s) for a kennel • facility, if an application for a renewed Special Permit is made prior to such expiration date(s). (d) The Special Permit for a kennel facility in Planned Development Zone 18 shall be personal to Thomas and Janet Gray, doing business as Highland Farms, L.L.C., and shall not be transferable unless a Special Permit for a kennel facility is granted to a successor in interest following Public Hearing. (e) As part of any application for a Special Permit related to a kennel facility, and prior to any transfer of an interest in the property or a portion of the property located in Planned Development Zone 18, for any use whatsoever, the owner of said property or an operator of any kennel facility in said zone will provide written proof to the Planning Board that the purchaser has been informed that the parcel to be purchased is within Planned Development Zone 18 and that said purchaser has been provided with a copy of this Local Law, and with all subsequent decisions of the Town Planning Board and Town Board related to actions within this Zone, and said purchaser will provide the Planning Board with written confirmation that he/she understands the requirements of Planned Development Zone 18 and will abide by any requirements related to the use of that Zone. (f) The conditions and provisions of this local law shall be binding on all present and future successor owners and/or operators of any kennel facility within the Zone. Such owners and/or operators of the kennel facility shall file this Local Law, and any subsequent decisions of the Town related to the granting of Special Permits for a kennel facility, in the office of the Tompkins County Clerk. (g) In addition, any kennel facility approved for this Zone shall be subject to the following requirements: (i) The delivery and pickup of dogs shall be by appointment. (ii.) An attendant shall be present at the kennel facility at least between the hours of 8:00 a.m and 6:00 p.m. (iii) No dogs shall be in exterior areas of the kennel facility unless the attendant is on the premises. (iv) No dogs shall be kept in exterior areas of the kennel facility between sunset and sunrise. (v) Barking dogs outside shall be promptly placed in the inside kennels, and placed outside again only after it is reasonably ascertained by the kennel facility operators that the barking will not resume. For purposes of this local law, the following shall be used as criteria in defming the term `barking dog': 'Barking Dog' shall mean: (a.)a dog that barks, bays, cries, howls, or makes any other noise continuously and/or incessantly for a period of ten minutes or barks intermittently for '/2 hour or more to the disturbance of any person at any time of day or night; or (b.)a dog that engages in such habitual or continued barking, howling or whining so as to cause a person's rest to be broken, his sleep to be interrupted or the reasonable use or enjoyment of his home or property to be otherwise interfered with, disturbed or diminished or that causes a person to otherwise be harassed, annoyed or disturbed; provided, however, that a dog shall not be deemed a `barking dog' for purposes of this local law, if, at the time the dog is barking or making any other noise, a person is trespassing or threatening to trespass on the subject property, or for any other legitimate cause which teased or provoked the dog. (vi) The kennel facility shall also be subject to the provisions of Town of Danby Local Law No. 1 of the Year 1984, "A Local Law Regulating and Controlling the Activities of Dogs in the Town of Danby, to be Known as the `Dog Control Law' and Supersedes Local Law Number 1 of the Year 1976", and any successor amendment. (vii) The kennel facility shall be operated in a safe, sanitary, and humane condition. (viii) The new kennel shall not contain more than 22 dogs at any one time. (ix) The existing kennel shall not contain more than 4 dogs at any one time. (x) The owners and operators of the kennel facility shall at all times keep and maintain on the premises accurate records of the identities of all dogs kept on the premises, and the number of dogs on the premises on each day. (xi) The kennel shall not be used for the breeding of dogs. (xii) Accessory sales of dog food, bedding, and other supplies shall be by appointment, and shall be limited to the hours of 8:00 a.m. and 6:00 p.m. (xiii) A freestanding sign identifying the facility may be located on the subject property. Such a sign shall be no larger than 10 square feet, and may be illuminated but not flashing. Any illumination shall have the lights shielded as much as practicable to direct the lights only at the sign. (xiv) The construction and location of the proposed new kennel shall be as shown on the fmal site plans approved by the Planning Board, which final site plans shall be substantially in accord with the general site plans referred to above. No alteration, amendment, or change in the final site plans as approved by the Planning Board shall be permitted without further approval by the Planning Board, except as provided in the Zoning Ordinance relative to modifications to site plans, except that no construction or alteration of more than 500 square feet of enclosed space, whether on one or more stories, and no enlargement of an existing or a new kennel building that involves an increase of more than 5% of the square footage of the building plans reviewed by the Town Board in conjunction with enactment of this local law, shall be permitted unless a modified Special Permit is granted by the Planning Board. Section 2. 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 3. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 4. This law shall take effect 20 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 Planned Development Zone 18: Commencing at a point on the centerline of West Miller Road, which point is 1058 feet easterly of the centerline of Comfort Road at its intersection with West Miller Road; Running thence North 10 degrees, 25 minutes East a distance of 1236.1 feet to an iron pin; Running thence South 81 degrees, 06 seconds East a distance of 330.6 feet to an iron pin; Running thence South 10 degrees, 25 minutes West a distance of 914.22 feet to an iron pin; Running thence North 79 degrees, 52 minutes West a distance of 132 feet to a monument; Running thence South 10 degrees, 25 minutes East a distance of 328.88 feet to a point at the centerline of West Miller Road; Running thence North 79 degrees, 58 minutes West to the point of beginning. Being the land labelled as `Parcel No. 2' on a map entitled "Map to show Parcels No. 1 and No. 2, 158 West Miller Road, Town of Danby, Tompkins County, New York,"dated April 15, 1002, by Howard R. Schlieder, L.S. 617.20: Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly,comprehensive in nature,yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components:The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: X Part 1 X Part 2 Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment,therefore a negative declaration will be prepared. B. Although the project could have a significant effect on the environment,there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions PROPOSED HIGHLAND FARMS PLANNED DEVELOPMENT ZONE Name of Action Town of Danby Town Board Name of Lead Agency is Dietrich Town Supervisor Print pe Name of Responsible Officer in Lead Agency Title of Responsible Officer V5101-1) Sig - e of Rte-ponsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) • PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form,Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable,so indicate and specify each instance. Name of Action 7 / IA �n 7dr, c / i2 id rn Location of Action(include Street Address,Municipality and County) 7-a,ts / , Name of Applicant/Sponsor 7?!/f — 2-k / 7h,eki 61- ( Address S,f f4/ ///j !fri' £d. City/PO L State Zip Code /../�6-73■ Business Telephone g7* e7) Name of Owner(if different) �SI�Q G>✓�' LJ(T—l/,Q� Address City/PO State Zip Code Business Telephone Description of Action: *ao61/1-/fr14 ga'n/le--d OeV-elyjr)teit--/ zz 74-6 e 33f2 1-&-b a `04u4 ete2d 1c I (i/hneyikecd_TannS • Page 2of21 • Please Complete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: 7 Urban ri Industrial n Commercial ems esidential (suburban) Rural (non-farm) ®Forest agriculture E.]Other 2. Total acreage of project area: o'3'3 �cres. Oyeez=c (2-e-se-d /17 re'"-c-1 d k& 7/aize4e) APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 0 acres /v' acres Forested ?�f acres 0 acres i A ricultural�(Lrtcludes orchards, cropland, etc. . �. J/ pp acres l�: acres (�L0uctt�� PAy1uYe �,>1�e� I�l59 etland (Freshwater or tidal as per Articles 24,25 of ECL) 50 acres acres z�4l01J o Water Surface Area acres 0 acres Unvegetated (Rock, earth or fill) 0 acres acres Roads, buildings and other paved surfaces . 02.. acres 0, /T acres Other(Indicate type) l 4 'N i > -1-) L l ,e U acres CO,/3 acres ' i 3. What is predominant soil type(s) on project site? a. Soil drainage: 7 Well drained %of site Moderately well drained/00%of site. 7 Poorly drained % of site (se -� b. If any agricultural land is inv Ivle_d, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? f/'' acres (see 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? El Yes 1:2/No I a. What is depth to bedrock (in feet) 5. Approximate percentag of proposed project s to with slopes: 00-10% /00% n10- 15% % n 15%or greater 6. Is project substantiall contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? ! 'Yes jJ No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes ,No ■ 8. What is the depth of the water table? / //Z (in feet) (ge{ Lry-get—e) 9. Is site located over a primary, principal, or sole source aquifer? 7Yes PTh\lo i 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? E Yes le. No Page 3 of 21 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? Dyes 'No Accordin. to: 0, , V '*1) 7-- 07in .4c�zt- I / Ziertlf VG7.4j Identify each species: // 12. Are there any unique or unusual land forms on the project site?(i.e., cliffs, dunes, other geological formations? ❑Yes o Describe: 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑Yes Kg' No If yes, explain: 14. Does the present site include scenic views known to be important to the community? fYes Orl,o 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. takes, ponds, wetland areas within or contiguous to project area: b. Size(in acres): Page 4 of 21 1 17. Is the site served by existing public utilities? TA`Yes D No / /' �C�� a. If YES, does sufficient capacity exist to allow connection? 'es ❑No b. If YES, will improvements be necessary to allow connection? ®Yes )Jo 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? Yes CD No 19. Is the site located in or substantial) contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? fl Yes JNo 20. Has the site ever been used for the disposal of solid or hazardous wastes? El Yes (�tNo B. Project Description �+ 1. Physical dimensions and scale of project(fill in dimensions as appropriate). ," 33a6. , )/ /Q / Q / . C/3 a4/- 6��✓ a. Total contiguous acreage owned or controlled by project sponsor: -!/ �P acres. b. Project acreage to be developed: L 1 1S acres initially; 0.Z6acres ultimately. .�` Q I zc� ' p,// ' , ;I c. Project acreage to remain undeveloped: 9: 0d acres. g. /�.) d. Length of project, in miles: !I'r1" (if appropriate) A.2 , e. If the project is an expansion, indicate percent of expansion proposed. /1/24% f. Number of off-street parking spaces existing 0 , proposed 6 i g. Maximum vehicular trips generated per hour: (upon completion of project)? r h. If residential: Number and type of housing units: 474- One Family Two Family Multiple Family Condominium Initially Ultimately • i. Dimensions (in feet)of largest proposed structure: Z height; ac: 1 width; /74p/ length. j. Linear feet of frontage along a public thoroughfare project will occupy is? /%9 ft. 2. How much natural material (i.e. rock, earth, etc.)will be removed from the site? 0 tons/cubic yards. 3. Will disturbed areas be reclaimed al Yes ENO EN/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? Xes © No c. Will upper subsoil be stockpiled for reclamation? he Yes El No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? .' J acres. Page 5 of 21 5. Will any mature forest (over 100 years old)or other locally-important vegetation be removed by this project? El Yes prNo 6. If single phase project: Anticipated period of construction: months, (including demolition) 7. If multi-phased: a. Total number of phases anticipated (number) b. Anticipated date of commencement phase 1: month year, (including demolition) c. Approximate completion date of final phase: month year. d. Is phase 1 functionally dependent on subsequent phases? I 1 Yes I I No • 8. Will blasting occur during construction? ©Yes re- No 9. Number of jobs generated: during construction ; after project is complete /-/171/). a ci /ev2"/)7 2 L f 10. Number of jobs eliminated by this project 0 . 11. Will project require relocation of any projects or facilities? ®Yes slo If yes, explain: 12. Is surface liquid waste disposal involved? .i Yes 1 No a. If yes, indicate type of waste (sewage, industrial, etc)and amount _ _ b. Name of water body into which effluent will be discharged / . . ,/ 13. Is subsurface liquid waste disposal involved? "Yes ®No Type X4.4- L 11410 Ce( ,4 Ved 14. Will surface area of an existing water body increase or decrease by proposal? Yes I �q 'o J If yes, explain: T 15. Is project or any portion of project located in a 100 year flood plain? ®Yes ER+o , 16. Will the project generate solid waste? p Yes �r�- No a. If yes, what is the amount per month? N®J tons b. If yes, will an existing solid waste facility be used? Yes fl No c. If yes, give name ; location Ip m ple--■hcle_e, t 0,-- el---4--eu---4-ral'7124 i d. Will any a y wastes not go into a sewage disposal system or into a sanitary landfill? Yes re-C Ef U 1 Page 6of21 e. If yes, explain: 17. Will the project involve the disposal of solid waste? nYes I 'No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. I' 18. Will project use herbicides or pesticides? Yes r4;0 No 19. Will project routinely produce odors (more than one hour per day)? ri Yes No • 20. Will project produce operating noise exceeding the local ambient noise levels? fl Yes,o )���i �./ 21. Will project result in an increase in energy use? F Yes E] No If yes, indicate type(s) , 1 t f r19(Er4-1L-12—.. . 22. If water supply is from wells, indicate pumping capacity, 77gallons/minute. "jrtJ 1 `2e i1/ f2ez i 23. Total anticipated water usage per day lar2 gallons/day. 24. Does project involve Local, State or Federal funding? ®Yes No If yes, explain: Page 7 of 21 25. Approvals Required: Type ‘ Submittal Date ��'''''\\ ' $\ -"Z.Qvt,Lax City/To,, Village Board �Yes ❑No U City,/Towny Village Planning Board II Yes No City, Town Zoning Board ❑Yes E No City, County Health Department IV Yes ❑ No Other Local Agencies ❑Yes En No ■ Other Regional Agencies i l Yes ® No • State Agencies ❑Yes PP No Federal Agencies 1 1 Yes (.No C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? F/ es IT No If Yes, indicate decision required: Zoning amendment ® Zoning variance ® New/revision of master plan n Subdivision IN Site plan El Special use permit El Resource management plan El Other s r, 2-111-\ D Page 8 of 21 2. What is the zoning classification(s) of the site? ae,t) C�� re— d -t 3. What is the maximum potential development of the site if developed as permitted by the present zoning? ar694&16-. 3 - Z - �- 4. What is the proposed zoning of the site? • 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? C Yes j No 7. What are the predominant land use(s)and zoning classifications within a Y4 mile radius of proposed action? CTsin e,CA-Z+ 1 VAA ru- rit i 8. Is the proposed action compatible with adjoining/surrounding land uses with a Y4 mile? `'es ®No 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? Page 9 of 21 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑ Yeso 11. Will the proposed action create a demand for any community provided services,(recreation, education, police, fire protection? No a. If yes, is existing capacity sufficient to handle projected demand? Yes No 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑Yes I�J.No a. If yes, is the existing road network adequate to handle the additional traffic. ®Yes fl No I D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures w ich you propose to mitigate or avoid them. E. Verification I certify that the information pr.s.y.kled above is true to the best of my knowledge. Applicant/Sponsor N. - I n- . / sate /;/89.19 IFY Signature 001 / > Title Fad% 1411/4._d .i If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Page 10 of 21 SOILS 6'0 l L EbB Erie channery silt loam, 3-8% slopes, Agric capability unit 3. ., Gam► m J Deep, somewhat poorly drained, fragipan 12-12"below surface. Seasonally high water table. 412 LaC3 Langford channery silt loam, 8-15% slopes, eroded. Agric capability unit 4. Fragipan 10- 15"below surface, droughty, seasonally high water table. 5O1 L 5 ..-- 7-3, _.4 4 ct 4- O to I) A 1 , co t( ,--, '� c ca��a y Q - N D — a) -5 -C) 7 I-1 -— c.) 1-.11 — il r, m ® � w t ml z f CD 11°111111.1111" . CU II 0 v N . _______ _ t 111 1C, • CD M 0 0 1 _____________ ( 1 v N 0 .161\41! CD A p i \ O. 0 p W t ,.., Or Q .F cc 0,— v W Noise Abatement Highland Farms - Proposal for Dog Boarding Kennel These are the features of the project that will minimize noise: • Pick up and drop off of dogs will be by appointment(so that existing and new dogs will generally be controlled at those times) • The kennel will be at least 200 feet from neighboring residences. • The site slopes down towards the north/northeast,where there are no residences. • Existing tree and shrubs will be retained on most of the site, and new spruce trees will be planted along the driveway and kennel fencing. • Outdoors,the kennel runs will have concrete block walls, between 4 and 5 feet in height. These runs will also have roof overhangs over the full length of the runs.. These features would contribute to both deterring dog interaction, and providing sound attenuation. • Indoors, sound abatement features will include the solid wall between each section of five runs reducing interaction,and rubber floor mats in each kennels. • Noise absorption panels will be hung in the inside kennels. • Kennels will be heated and air-conditioned. • Kennel area will not have windows,but light tunnels through the roof. • At least RI9 rated insulation in walls and R30 rated insulation in ceiling. • Full time attendant. No dogs will be outside unless attendant is on premises. Dogs under control at all times. Barking dogs will be immediately put in the inside kennels. No dogs will be in outside kennels after sunset. Highland Farms Noise Abatement Features 01/19/2004 PART 2 - PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) • In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable?The reviewer is not expected to be an expert environmental analyst. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality,will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider long term, short term and cumulative effects. Instructions (Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2)to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. Identifying that an Impact will be potentially large (column 2) does not mean that it is also necessarily significant.Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. f. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1. Small to 2. Potential 3. Can Impact Be Moderate Large Mitigated by Impact Impact Project Change? IMPACT ON LAND 1. Will the Proposed Action result in a physical change to the project site NOE1 YES X Examples that would apply to column 2 • Any construction on slopes of 15%or greater, (15 foot rise per Yes No 100 foot of length), or where the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table is less than X Yes No 3 feet. • Construction of paved parking area for 1,000 or more vehicles. Yes No • Construction on land where bedrock is exposed or generally within 3 Yes No feet of existing ground surface. • Construction that will continue for more than 1 year or involve more Yes No than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 Yes No tons of natural material (i.e., rock or soil)per year. 1. Small to 2. Potential 3. Can Impact Be Moderate Large Mitigated by Impact Impact Project Change? • Construction or expansion of a sanitary landfill. Yes No • Construction in a designated floodway. Yes No • Other impacts: Yes No COMMENTS: SITE SOILS, TYPICAL TO DANBY, HAVE A SEASONALLY HIGH WATER TABLE WHERE site-localized IMPACTS ARE CAN BE MITIGATED BY STANDARD CONSTRUCTION TECHNIQUES. 2. Will there be an effect to any unique or unusual land forms found on the site?(i.e., cliffs, dunes,geological formations, etc.) N•© YES • Specific land forms: Yes No IMPACT ON WATER 3. Will Proposed Action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) NCI X YES Examples that would apply to column 2 • Developable area of site contains a protected water body. Yes No • Dredging more than 100 cubic yards of material from channel of a Yes No protected stream. • Extension of utility distribution facilities through a protected water Yes No body. • Construction in a designated freshwater or tidal wetland. Yes No • Other impacts: Yes No 4. Will Proposed Action affect any non-protected existing or new body of water? N•© YES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of Yes No water or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. Yes No 1. Small to 2. Potential 3. Can Impact Be Moderate Large Mitigated by Impact Impact Project Change? • Other impacts: Yes No 5. Will Proposed Action affect surface or groundwater quality or quantity? NOT] YES X Examples that would apply to column 2 • Proposed Action will require a discharge permit. Yes No • Proposed Action requires use of a source of water that does not Yes No have approval to serve proposed(project)action. • Proposed Action requires water supply from wells with greater Yes No than 45 gallons per minute pumping capacity. • Construction or operation causing any contamination of a water Yes No supply system. • Proposed Action will adversely affect groundwater. Yes No • Liquid effluent will be conveyed off the site to facilities which Yes No presently do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per day. Yes No • Proposed Action will likely cause siltation or other discharge into Yes No an existing body of water to the extent that there will be an obvious visual-contrast to natural conditions. • Proposed Action will require the storage of petroleum or Yes No chemical products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without Yes No water and/or sewer services. • Proposed Action locates commercial and/or industrial uses Yes No which may require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: Yes No COMMENTS: SINCE A COUNTY HEALTH DEPT. PERMIT WILL BE REQUIRED FOR THE PROPOSED SEWAGE DISPOSAL SYSTEM FOR THE NEW KENNEL, NO SIGNIFICANT IMPACTS ARE EXPECTED ON SURFACE OR GROUNDWATER. 6. Will Proposed Action alter drainage flow or patterns, or surface water runoff? X NO YES 1. Small to 2. Potential 3. Can Impact Be Moderate Large Mitigated by Impact Impact Project Change? Examples that would apply to column 2 • Proposed Action would change flood water flows. Yes No • Proposed Action may cause substantial erosion. Yes No • Proposed Action is incompatible with existing drainage patterns. Yes No • Proposed Action will allow development in a designated floodway. Yes No • Other impacts: Yes No SITE-LOCALIZED DRAINAGE IMPACTS ASSOCIATED WITH DRIVEWAY AND BUILDING CONSTRUCTION ARE EXPECTED TO BE OF SMALL IMPACT. IMPACT ON AIR 7. Will Proposed Action affect air quality? NO X YES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any Yes No given hour. • Proposed Action will result in the incineration of more than 1 ton Yes No of refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour Yes No or a heat source producing more than 10 million BTU's per hour. • Proposed Action will allow an increase in the amount of land Yes No committed to industrial use. - • Proposed Action will allow an increase in the density of Yes No industrial development within existing industrial areas. • Other impacts: . Yes , No IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? N•© YES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal Yes No list, using the site, over or near the site, or found on the site. • • • Removal of any portion of a critical or significant wildlife habitat. Yes No 1. Small to 2. Potential 3. Can Impact Be Moderate Large Mitigated by Impact Impact Project Change? • Application of pesticide or herbicide more than twice a year, Yes No other than for agricultural purposes. • Other impacts: Yes No 9. Will Proposed Action substantially affect non-threatened or nonendangered species? N•© YES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident Yes No or migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres of mature Yes No forest(over 100 years of age)or other locally important vegetation. • Other impacts: Yes No IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will Proposed Action affect agricultural land resources? N•© YES Examples that would apply to column 2 • The Proposed Action would sever, cross or limit access to agricultural Yes No land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) • Construction activity would excavate or compact the soil profile of Yes No agricultural land. • The Proposed Action would irreversibly convert more than 10 Yes No acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. • The Proposed Action would disrupt or prevent installation of agricultural Yes No land management systems(e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures(e.g. cause a farm field to drain poorly due to increased runoff). • Other impacts: Yes No COMMENTS: THE SITE HAS NOT BEEN FARMED IN OVER 10 YEARS. 1. Small to 2. Potential 3. Can Impact Be Moderate Large Mitigated by Impact Impact Project Change? IMPACT ON AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic resources?(if necessary, use the Visual EAF Addendum in Section 617.20,Appendix B.) N•© YES Examples that would apply to column 2 • Proposed land uses, or project components obviously different from Yes No or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of Yes No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or significant Yes No screening of scenic views known to be important to the area. • Other impacts: Yes . No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic,prehistoric or paleontological importance? NCI X YES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially Yes No contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within Yes No the project site. • Proposed Action will occur in an area designated as sensitive Yes No for archaeological sites on the NYS Site Inventory. • Other impacts: Yes No IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? N• YES 1. Small to 2. Potential 3. Can Impact Be Moderate Large Mitigated by Impact Impact Project Change? Examples that would apply to column 2 • The permanent foreclosure of a future recreational opportunity. Yes No • A major reduction of an open space important to the community. Yes No • Other impacts: Yes No IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area(CEA) established pursuant to subdivision 6NYCRR 617.14(g)? Ns El YES List the environmental characteristics that caused the designation of the CEA. COMMENTS: THERE ARE NO OFFICIALLY DESIGNATED CRITICAL ENVIRONMENTAL AREAS IN THE VICINITY(OR IN THE TOWN). Examples that would apply to column 2 • Proposed Action to locate within the CEA? Yes No • Proposed Action will result in a reduction in the quantity of the resource?n Yes No • Proposed Action will result in a reduction in the quality of the resource? Yes No • Proposed Action will impact the use, function or enjoyment of the resource? Yes No • Other impacts: Yes No IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? NOn YES X Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or goods. Yes No • Proposed Action will result in major traffic problems. Yes No • Other impacts: TRAFFIC GENERATED BY KENNEL USE X Yes No 1. Small to 2. Potential 3. Can Impact Be Moderate Large Mitigated by Impact Impact Project Change? IMPACT ON ENERGY 16. Will Proposed Action affect the community's sources of fuel or energy supply? N*111 YES Examples that would apply to column 2 • Proposed Action will cause a greater than 5%increase in the Yes No use of any form of energy in the municipality. • Proposed Action will require the creation or extension of an energy Yes No transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts: Yes No NOISE AND ODOR IMPACT 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? NOn YES X Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive facility. Yes No • Odors will occur routinely(more than one hour per day). Yes No • Proposed Action will produce operating noise exceeding the local Yes No ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a Yes No noise screen. Other impacts: OCCASIONAL BARKING OF DOGS X • SEE PART II ATTACHMENT Yes No IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? NO X YES • Proposed Action may cause a risk of explosion or release of hazardous Yes No substances(i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of"hazardous wastes" Yes No in any form (i.e.toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) 1. Small to 2. Potential 3. Can Impact Be Moderate Large Mitigated by Impact Impact Project Change? • Storage facilities for one million or more gallons of liquefied Yes No natural gas or other flammable liquids. • Proposed Action may result in the excavation or other disturbance within Yes No 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: Yes No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the existing community? Nd YES X Examples that would apply to column 2 • The permanent population of the city,town or village in which the Yes No project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating services will Yes No increase by more than 5% per year as a result of this project. X • Proposed Action will conflict with officially adopted plans or goals. Yes No SEE PART II ATTACHMENT • Proposed Action will cause a change in the density of land use. X Yes No • Proposed Action will replace or eliminate existing facilities, Yes No structures or areas of historic importance to the community. • Development will create a demand for additional community X Yes No services(e.g. schools, police and fire, etc.) • Proposed Action will set an important precedent for future projects. Yes No • Proposed Action will create or eliminate employment. Yes No • Other impacts: Yes No 20. Is there, or is there likely to be,public controversy related to potential adverse environmental impacts? N•Ill YES If Any Action in Part 2 Is Identified as a Potential Large Impact, or If you Cannot Determine the Magnitude of Impact, Proceed to Part 3 EAF PART II ATTACHMENT r h fa-s( e,)ue:4-J NOISE IMPACT Would proposed action produce operating noise exceeding the local ambient noise levels for noise outside of structures? Presently there is no specific information quantifying existing local ambient noise levels, or the exterior noise potentially generated by the kennel. The applicants have indicated that any such quantification would be very difficult given the wide variety of dog types, and have not found any useful quantification for noise outside kennels in their research. The proposed design and management of the kennel are expected to control noise so that it would probably be limited to the small to moderate impact of occasional and sporadic outside dog barking during daytime hours. The project would require Town Board waiver of Section 701 of the Town of Danby Zoning Ordinance, "Limitation of Uses within 200 Feet of a Residence Zone", which states that"No theater, dance hall,tavern, restaurant, bowling alley, skating rink, veterinary hospital, kennel, or other place for the boarding of animals, garage of shop for the painting of repairing of automobile bodies of fenders, or any other use causing loud or unusual noise, fumes, or odors shall be located within 200 feet of any Residence Zone." The proposed new kennel would conform to this Section with respect to having a 275+/-ft. distance from the proposed zone boundary at the centerline of West Miller Road, but would not conform in its distances from side property lines. The new kennel building and outside runs would be 200 feet or more from the applicants' residence, and 275 feet or more from the nearest adjacent residence(Bargher). From an elevation standpoint, the kennel site appears to be around 10 feet lower than the Bargher residence. Distances from other nearby residences would be around 500 feet to the southwest(Hovanec), and around 450 feet to the southeast(Parks). Other adjacent land is farmland(Mosher, Van De Mark). The new kennel could conceivably be moved further to the north, but the applicants have indicated that such would incur additional expense related to driveway construction and water supply from an existing well at their residence. The existing kennel, located at the rear of an existing garage, is around 220 feet from the Bargher residence and around 430 feet from the Parks residence. Provided that the project complies with the design and management proposed, and that such is adequately enforced, no significant adverse impact with respect to noise is expected. IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD Would proposed action conflict with officially adopted plans or goals? Zoning Ordinance: The project would conflict with the provisions of Section 701 of the Zoning Ordinance, "Limitation of Uses within 200 Feet of a Residence Zone", where kennels along with certain other uses are required to be located at least 200 feet away from a Residence Zone. Refer to notes on this matter above under Noise Impacts. The Town Board, in establishing a Planned Development Zone, could waive this requirement if it determined that the project could not practically conform to the requirement, and if it determined that, as proposed, the project would not cause loud or unusual noise. Other areas noted in the Zoning Ordinance include the following: The existing zoning for the property is Low Density Residential Zone. The purpose of this zone(Section 600) is "to provide an area of limited development where it is deemed most desirable in the Town to maintain larger lots for development and permit the possibility of continued agricultural use of the areas without limiting the areas to solely agricultural uses". Customary agricultural uses are permitted in Low Density Residential Zones. Such agricultural uses include but are not limited to management of land for agriculture, and the raising of cows, horses, pigs, poultry and other livestock. State right-to-farm provisions would prohibit unreasonable restriction of these uses. The Town has not had the occasion to attempt to apply Section 701 to any agricultural uses. 2003 Comprehensive Plan: The project site is close to, but outside of the areas designated as High and Medium Density Residential Zones. It is primarily surrounded by farmland. Boarding kennels are not specifically mentioned in the Comprehensive Plan, but the Plan does include as strategies the following: LU 1.1.1 Maintain and enhance the traditional settlement patterns of the Central and West Danby hamlets by designating areas for high density, clustered residential, business, and community oriented development in or near these hamlets. LU1.2.2 Discourage commercial strip development by locating businesses as close to the hamlets as possible and, where appropriate, by encouraging flexibility in lot dimensions and site design. C3.3.2 Revise zoning ordinance to allow the integration of compatible small business uses in traditional neighborhood areas near the hamlet centers. LU 1.1.5 Restrict development in areas of active agriculture, and in historically important agricultural lands through special agricultural zoning, site plan controls, or clustered subdivisions. In the report, "Historic Farm Resources in the Town of Danby", by John Lewis,November 2001,which is described in the Comprehensive Plan,the farmland owned by Mosher that adjoins the project site was recommended to be of high priority with respect to historic farm significance and contribution to rural character. Farmland to the north and east of the project site(Voss, Van De Mark)was recommended to be of significant interest. The project as proposed, on 8.33+/-acres, would have no apparent adverse impact on the character of this farmland, and would be consistent with the above Land Use strategy. While the Town has not completely implemented this strategy, it is unlikely that lands adjacent to the project site would be extensively developed in the future. AGRICULTURAL DATA STATEMENT In accordance with Town Law Section 283-a, an Agricultural Data Statement is required to be compiled, to assist in evaluating the impacts of proposed development projects in Agricultural Districts on farm operations. This statement is being mailed to the owners of farm properties within 500 feet of the boundaries of the proposed development project identified below. It is also being provided to the Tompkins County Department of Planning. Project Name: "Proposed Highland Farms Dog Boarding Facility" Project Description: Application for establishment of a Planned Development Zone for the proposed "Highland Farms Dog Boarding Facility", proposed to consist of a new kennel with 10 indoor/outdoor runs, and a preexisting kennel with 3 indoor/outdoor runs, on Town of Danby Tax Parcel No. 8.-1-12.15, 8.33+/- acres total, on West Miller Road, currently in a Low Density Residential Zone. Tom and Janet Gray, applicants. Applicants: Tom and Janet Gray, 158 West Miller Road, Ithaca, NY 14850 Farm owners within 500 feet of the boundaries of the project: (Tax Parcel 8.-1-12.12) Carl and Barbara Mosher 190 West Miller Road Ithaca,NY 14850 (Tax Parcel 8.-1-5.2) John and Marjory Van De Mark 411 Comfort Road Ithaca, NY 14850 Project assessment related to impact on farm operations: The property proposed for the kennel is inactive farmland. The kennel would be located at least 100 feet from farmland owned by Mosher to the east and west,and at least 500 feet from farmland owned by Van De Mark to the north. The kennel would be around 1000 feet from farm buildings. Physical changes related to site construction for the kennel would be site localized and are not expected to have any impact on farm drainage. Animal wastes generated at the kennel would be disposed of according to County Health Department standards. Noise generated by the kennel is proposed by the applicants to be controlled. 2151011-- Prepared by: Susan C. Beeners, Code Enforcement Officer Town of Danby, 1830 Danby Road, Ithaca, N.Y. 14850 Phone (607) 277-0799 wiTima N. . 4 ' ; . ....' NI ....,,,sto•gi/ cealla- t=� #a �� • ,...-", !TM 1 r i . • • • Mai il Ali 06)&e-sekt( 4A, il v--•\1111111,tr .... i rr 5 : .I i A '‘': ir • Mill \ 1 4 ilk • % 16 ii.triii! il! .4 t . lig ... litilk 111.16--451.111111 . ,, y .VaTl� um 1�+ r .•. ii ..„, •• • MI.. r ....„:71, s _ilerglat 2115... 471/11.■ • • 1 /, 1:91 • ,....'4. - al 4:032103C1 gallkillitre;• ' ■il 1 • till' 11111111 .IIII. MIA....r: .‘ .. • - ' • • t s Y amt • Danby.ord, wp5I, danby, , 09/25/1.2:18pm \ 0 mine, to decline to conduct a scheduled public hearing. The involved board may, on good cause shown, waive the above described policy of property owner notification. Section 805- GENERAL CONSIDERATIONS. The Planning Board's review of a general, preliminary, or final site plan shall include as appropriate, but shall not be limited to, the following considerations: 1. Adequacy, arrangement, and location of vehicular access and circulation, including intersections, road widths, pavement surfaces, off-street parking and loading areas, and traffic controls. 2. Adequacy, arrangement, and location of pedestrian and bicycle traffic access and circulation, control of intersections with vehicular traffic, and appropriate provisions for handicapped persons. 3. Adequacy, location, arrangement, size, design, and general site compatibility of buildings, lighting, signs, open spaces, and outdoor waste disposal facilities. 4. Adequacy, type, and arrangement of trees, shrubs, and other landscaping constituting a visual and/or noise-deterring buffer between the applicant's and adjoining lands, including the retention of existing vegetation of value to the maximum extent possible. • 5. In the case of a residential property, and in the case of other properties where appropriate, the adequacy and utility of open space for playgrounds and for informal recreation. 6. Protection of adjacent properties and the general public against noise, glare, unsightliness, and noxious odors, air, water and soil or other objectionable features. 7. Adequacy of storm water, drainage, water supply, and sewage disposal facilities. 8. Adequacy of fire lanes and other emergency provisions. 9. The effect of the proposed development on environmentally sensitive areas including but not limited to wetlands, flood plains, woodlands, steep slopes, and water courses, and on other open space areas of importance to the neighborhood or community. 10. Compatibility of structures and other site improvements with adjoining land uses and the general neighborhood. 11. Compliance with the Zoning Ordinance, subdivision regulations, if applicable, and any other applicable laws, rules, requirements, or policies. 34 ,. BOARDING KENNEL REGULATION IN OTHER TOWNS: S.B. 2/10/04 (not official—refer to specific ordinances) Town of Dryden: Kennels by Special Permit, most zones. Town of Ithaca: Kennels are permitted use in Agricultural Zones. Minimum Lot Size 2 acres. (In most zones, a maximum of 3 pets may be kept outside without a Special Use Permit from the Board of Zoning Appeals). Town of Lansing: Kennels by Special Permit and Site Plan review. No adverse noise or odor permitted. Outdoor runs in residential zones are permitted if minimum 100 feet from property lines. Town of Ulysses: Boarding kennels(with 4 or more dogs) are permitted in Development Districts(similar to Planned Development Zones). Minimum 300 feet from kennel to a Residence District. F. _ . . .. . . . .. ... . .... • I,. The Ith . . , , . . _ . . , . : • . . . , , . I, „.,,...,,,,,'„,,,. , , . . s �m a x f. ._ OA(DOGGIE ,,,,,,,,n",„,,,,,,,,,, ,-„4,,,,,,,17,,,,-,,,,;„,„,:. M1/ dige !�1 F 3 `r2Ln xk ,,, ,.: . B&B �NI�.�j.PErb.cA 4,� �� M � r � e�. , N .7 Corne Danb cou le {,, iii - ;44 0f ,q Tambl goes for the dos ig� g a`$�, �h 4 t � �� , ` ,35 SPORTS 7 .TOWNS PAGE, 3B V pMfr z �r h fe ,,g , °x"', fix N4', .' ob 2 'E�' A' a THURSDAY DECEMBER 30, 2004 ! V ' �{�}F.v- - 3 3 3 : t . ..... . ... ,- • __ - . i 1 • .._ - -- . • , . - -- „,,..--.- ________.__ , - . . .. _. . . - - . , .,,1,..,. :‘,.,...,-,- L:"(,. .- - - t . . ,• - . , ., :., i..... .7_,'3,-;- : : . ...&,,. 3 5. 01._.„ F.... = , : ,..,..,r) E73. as _,. .< ,...... : ., .. .__. .,.. ..,.., (1) ..t : z, • , , 0 ,..•■• -- 03 7.. . . . ,,. _. ..,.., cr..,. .1 R E q ,),77, - 3.:• . :3•0 ... .3' - .. ..c.,, . 0 crzi ,- = q:-.: , ,.... ,cn. •CD ^-• • i FL . -- i.1.1. i'•■.4 - - . '.-101::".tilo,0• 0 =0-(9 Po ia.,-(2...,0 ,t,' ' -. ":C1) cl, 5-4-- -tug 0 - )::. e-it..- l„,„/ ra; (1) .: • - . W1 3 3 • , :/(1).0'+' p,, =.10 ,•=to . ..-. .-.1,-,-.. 8.0. ;. go- . 1 ,,ni • 5 o : c4..-. 1.0• , ,., o CA - . . _ 1)- • ''" 9r, g a 5 I ' - - '°.° g ' -''' '' • c"' ' < - . cr-,,,, „-•,... „. •cic, ,_,_ - .0..-•m.,. .. -c„.,. . „,.,=,,, ,_1> k..‹ k id. .$10-, 21.7 : • . • , . ..3u' =-i'.,54 " ,333,..5-' 3 ':'-. c). 0...cri-pp S. .2 CP-. - . • .4,c)•. z ^.. .. r* . .„_,cr ,cp ... =.- I -1:ICI g,5.(9-.•C1,,W CD.= $'• ,. 0 N :.i.iP,_ Rio .,:m.. ,. 2.- (:).-0 -0 - c--■ ' 0-"-ctii-. 2 C4:pa- W • el ,-4 "'. .C4 ; CD;g g.0* ,. 0. -,,,,-„ ..,c) , - •;__„g • -,..,_,11) e cr 5.2 Cf. . )1:: . .•3/1 I I. L!0 D.),,..A.' pl ,„. * - e.77.(4?.P-= tr,n 0: c, - .,;, B 'i'D • n cv 0 (TR 3: ::-: :- --- .4 -,, g 0-,,, 35-- . t7-43 .,,-,). 3-3 . tz.-.11) 0 g. 0. • 0-,v, r,P, p). .,.8 - . . t 'I'. - CA - • .:' ' ,,,,., ,„,, co, co t--t. ci,..0.,.0 .:b. ,--h(-D.-6.g",--1 .(1> •0."K-. i .. - D-.;%; c4'-," -o fa. ...-t:1 - .--• CD a.,,,,R7'.0 ,,, : i:r . fi.o,n-cD, 5' E3- B' ,..,(:).-,,, ri. • c g_,•p., q. ' qg o - n r,,, cr n o .. - .-- - -t. ...4 • . ... , 5'cr'-- PD. 0.. ',NT-4'. c°. 'a''' s'3 .39 83('-rm-, 0-4°'- - ...,,3.,..,,,,,,.„ • . a:m:5.v) ig .1,.. 0 2.,(„11.6r0'. - • ..., 5 Y . " -,,,,,,, , . ,„,, . •. .-- ., „,:„.,-..,,,,w.T.,..,..,,,,,,,....,,,-t,„,,:,,,,:„.,.,:,,,::_...... . ., ..i, ,. ,.,..4,;!-•• „!?-', ..•-:-;-!,-;"!"A!!!.,,'!!!!!!.!,!.. -ink• - - A, ;?,,,!,,.. ....,,.-,,'- ,,..,:::A,;.::,3-:.i:...,,,:.:::.::::„.::: 7tt:t.:33.0443, .:;,,:i ::::r„,13432 -.--3.3-3.3:: -:t3,3,3-33' . . 1. 3 .y 3,-i....0 3:3,,A, s•O li--.,3it q.i 4,1.', .... .`p..3q:-,,-31'i,.u...:1.'-..',±3:31';'.4.gi'.. -4,'"',',3eA'33:'3 ..,.,:;-.,'733: ::1' ,t 3..r ,IF,:.r':--:,,•,;3:.:-.,:-.:::::••:•,.'-:•-;:-:::-.:::''.---: . .. 3... . ..,. ., - :::-. ;cy'3. .::::F-,..-f,-,,,-:i'• -.,'.:',p,=..::i,..,,, ,,.., .,1,-,...:!•,'2'..f:'„,.;:r,-,,.....:3,:,:',;,...,,_.,-iic , ,-.-:,...'.-,--',1.7.:':',,,:,:::,-..,.:, ,, i':::'-.';',1`'.i.,..t.,. ''.;-.. ,,g'r,,,,. -.'',-.f,. ,,,;-,--J:c.'.-,-,,-,,. .. -- :- '- I, .11,,,tir 4 •''• 'tIlkr •,-f A.' 4'"A z'!'!;4 ! "!•`!,,•;'! „!!!!!!!'!3qe*,.-.!!!,!!!!!!!'!.::',,!!!iv!i-!•4`!•!!!!‘".--..!!!!!7!!!!!!4`.1,•.•.-.!!!!,!:•-4'!?-,-*;.::,'4:34,-.A.t..!i,!.! !!!!!.•-!.!!!,-- • .. .!,,,,!,. t rb,„41.!•,i1;41.44%4*!!:.,!',t.!ibp9.1!$..3..441.3r3.3..: -2,3,3,-trrt5,...,-. .›.. ..,...t.:3:433., ,,t,.:-:..,-3.-33333N:3,33:Lii.„-.3-itt:t,,,;:::3:-.4: 3‘34:tils:L*.33,--13,3r,- 33:::,-33-, ,r4-,,,,,,,.,..t..,....,,,,,, ,:,„,„,„04.„,,.....,,,.„„:„:::. ,„,„:,,::,:•:,,:„.,.„,,._ .,..„„,,,,:k. :i.f.-„::,,,,,,3,331:3::::::!..*3,..3,.3:3.siun::::::::::-3:333..33;,.33:,,4.c.i: .,,;33.3;,333.. :•3.,-3:- ''.-•, ;,,,.43.;., ,„stk.-- :::;,:'1,g,qp:Prontlet:FR:::::*tm--3t3:thia-t4:-. ,43 ..-7...;:„:.:1.333 -33-t1\24;33.t33 ,;;;4::3:::-3- ; .-.- : 711 ... .-.,.71,..::;;:$.:.::: - ,:",,.,.;f..:.:,.e"....:::: /A:...,,-..,:,.„., .,..,-, ..s : ,,wdot:.',y.- t:31403,,,-1,-,,,,,,,.,.,,...-f;,..„3:.,:3. 1 0‘3,..iy,,,,33,33.,::::'•3,,,ri,3,......?3,..i4.;,,,,33 .3::,::: - , 34,.*:3 ,:::- , ..4',,,:•,:rti,.:1111f,'A„A-,t,': .j'1:-/,?1,11,17110-ittnffign:i:'6'j i'••• :E:..).V}::::-t..i:.•:.:..i.- '' ,;•-c.'-g:;•-iW..'2A:::"2:'-':;.:7-j411-1..L.:1•A;;-4:7:-*-•-•.'-••; •....-: i \ ,' i • i fp',45 -.- - :tz.i 1:4! - ",.. !I 4':!•=1 14 ''.,!• -!•-...,"....!!!!!!!!:!!!!1 4:::!!s:!!;t..',!,...,!!!'-:VP,A,_.--:!!:!!!:!::,!!!!;!,!!!,..4.!!!..!!!!!!!!!! !!!!:!..- ..:.114 33,,,,.- ...,;,,cf -.:7,•i sAire..3,44,..)e...,1„,. .1;:im.',;,.t ig :.3.,-,,.:040,,..;-..,.'i.-,:.?•T.v3:3,..--,--.7.:3t.t.' ! .•.',,..:'•• ••:',3'.:::,.:;:.E.::F'3.1':•.,;3:3::.::!.::-:.3.4iiw,N.: -•4,'':34).p...i:,•:. .:.:.,7;'.::::-.:.:;.:-•'..:7-.:':-::3 Jr !".4)4,,14'''';t'•r'-..e. letk,i'-;;;....•'.' ."...,‘3,.3'ill*le.'`.i'.. .•it*r..!!!• ,33!'t'iittl: ..:.;;...',';•:'i::::': •0:. .k.i',ii•:: :N:"41:., 37.:..-...t. •:.E.'....., , ::-.,:-.':.l:-3...3'l •, 'kiwi '-‘4141V1'47.:7''•4'.:3t...7;t:14i 3;i1.--33; t.13,44.3,341iitt.:4-014t443:34‘,W,,..4- .At':1--3:..ik:2.3. .,iggY,EfEW:;,-;,; ,, , *:3.,';• :, .:-.3-3t3i-.333,.3.!.:E:33,t..,3i.' : 4i : 10k.44:im,,:tilloy;t1,72.,:,,-t3,0043 -,ti...to-01-1.;,,,.t.m:t.,:i-k-:'-',Y*''3.3-33 .7-73-::::::'--t -:-•'-::K::*:-3-:!3:-'3: : ill.) 3. • . t!,,, .„hi,!,;,:;!..,41k,r.-;,:. , 341 1319.4,147,..'....,,,'2.3%t.itt-tge4- .:4; 33t.1011114K,3,:: ,3 -.-.,..-:_,.i',.,-,3:t..3:::::.:t,!:3tt.:3'.3-3-2-:::::,-.3:3::::-:,.-....3.:33333333 , .4.4 ----' • ' 44.,„ ... ., ,, .:,41'',i.,i.i:t,*-1‘1.1-3p4,A.;=:,'..:.41',-3441.4'31334.131i(kAir,.:33i4: 13g,,,,,06312:433.--ttamakk.=„44. .-:t3:::::3,-,:t.-7r7,t...::::::.„:23:33...:33,3,33:::t3::-.:3„.33.,„H.3.',.:-3:3 C id :i'.41..w5:4 '.,ifk I,‘t'tgiv....,,,.-.-,, „i..iI t.t:„ft,#'Wflttt'$-.4-4;;,..',.Z,".;*M,:IS-vnV-11,i-:#16$11,11.\:'-e-..6-3::.173:::;.3'.',3-33:,3,3 333,3333:-::q:',;,::::3...-''. f:.:3:- I. 01=1 -- : • - . ' 'A,*$1,v:W*33giji'g.tgt:Vili4263kok.j,:V.-*,aaetgrj..qz,.,ilassik-,.:3,:-:•.33K..'3.3..:33-.'..3,333,-.A333.33.:33.:',.::3-i33:::-,1--:::.:3', !:.::-.3 . .. • '-3...: .3, . . - . • .. 3 3 '-..,: .3-14, .:•il- ;3 '.. "::::33t*Lnitalimi tztt.,,t33,%mama,-...3::..:;,-::3:3,3-3:: :„3.."..]....„:33:.:.,...:3-„,,,t-itt.:33:43:::::, 4,:a. ,:,,.' ;:::::ikummot.::::::::3::::::-.,33,33.333:3 33,3,,3i]:;'t---33':::tt3,-.--.3t-3,; -----, :-.:3,314:b,A; t,..t-t..:14,3.,,,,,.3.04,)1. ..k.P'..2.,:::,.:IM:i,<,•:".al' .,.,::::rd"7.'...:.:::',.;:.::-::otew,,,PITiki.-: itanilaAgil,,,''..•,:- ;:".,..'-:,:.-.:".-.''''': r.-': 41e:CONA .„,,.,.:,1lt,.I33-3Ntt.33-itak.,:mosgttoit.\-t::::::33333.t".„3-..-3,3ttt:.'3i:,..3.:„:::::::::-.:„f3t.,ttl.t3,3,.-.:.:333:: : ,•-ottyrolots-,tt,.331.0.44300:t.ttf..,:tr:: ,,33,1,;33-tis3,,r.:33,,,,,-,?0,3,:33t3333333t336323333t33,-:3tivtt3:33:3.,t.-4 4it43.3t,-.F.It.t.k.:::33t:tm,A333 Lit i ..„333t,...3,3.3t3..t:T...,,ii.4-;A33 --r.m4.r.7,.,,t3tz.33.,„--ktistiont-4,40,. .:::33333.3.3n3333:333:33t„,-::::,:3,3,.::-:::; ; .; ; 3 lli.:,k44Prt.#tt',303433, 5:tfq0PA-ti:_-Wgt.:in114:43:::::':-- : .....7 717:: ..011:2§-1PARWA:::::::::'3.::.:,;.'.„.,:,--;::,:::..i:,,.::3,.;::.r:-....:],:,'-':: -. -'-, 33;3„.g.v,=-3,,r,33,3,-3,3333.,,,f3:-333.313143e*:,,ov3r; ,d3.[3,,3333,3:3:3:33333,33,4,311,,,,, . '-'. .3,33 0340t:314-0m:$3..p.agkki r:33333:3,-•,..:]3::rr,::.33„,. ....333..„33.333,33,33333:33,3,3 3-• .03,,,ty.N33,- 33333.33-.:3,33„:333.13not„:33333.33,,,,,,r,„,:33..u3::::::::.-333,,33:3,73333-:!3:334,343:33 ,33,3..3,„ 333.,3,3313:33-3i3:33;„„13:33:235:33m g.,33„,---.3.33,31- 443m."41,-,num 333.333,„-3333- 3.... ,. 33,3 ....e... . .....-. 3 . • . 1 '-',-tYtrilifftriggz..2:r3431kaFfti.41'77„:3,3,1e4V,3:33-33:33. .,',.-, -ItmattgateitiE.w .,,3,3333:,,.::::,1334.ir,33.3.33::::.3.333,33,:,..:33 .3.::::::., :ii-. 333:.33 • ,V;I:t'-',:\.. :',A4T. i1v,1,:tellitilleiteillf,03.3'::•:'3:fr:;:3333:.: 3 ]. -33.'':•:'••:3.' ' • r ' ' • r . - .,, tr:',,,„i'iffz'7351:1:3;Allifitith‘4:3•::43!:33:t1..!'il.,,..',',X.-33ii4w: 33,.- •40fiT33.3=4,16tikystalsos ,;,,:..3..3. .3-33F-E33 ,:313..33,3,4.33: ,331,4333,4,3riiirk&ireabloot3: 33:333:3:3'33,3mAs.33-3-3rAAret33,..A1:3*-t-,,,411:,-)3,3310.,3:3*,,, -33'. :".utrAnggeogAmigb3 3.31A113i3v3iiii... ,mobr, 3,E4.010.3:33:33,-333---3333-,3,3,3:::313:-313.:3r„:333:3333t-3333,:3331,3,-,:.:33z33333.3 r'...r 33,,Nw3:3:3,3.3,337.333.;„_33.3,33,33,33333.3„33-. 33,.,s33A338.04.3,umwe,83.\:. ;:. ..,,,..,.,,...,.: ,i'/ . ..]'-',•;. i..4.p."...ai:::ki,,g4,1.4: •,,,..'..'".::...',.•tr..1.71....4".. i,....,:-z ...::..::, :::.N145,StiMeR.MV.- .:,•..',. .:,',:. ..'' . '. =,:.-: , .'''. ' - ‘-v:irri , .21-,:a.*N :'.':,inth ,...keNall:ii0M61:44:-:',, 3.7''',7,:.".7.-::::::;:-:;:•::'5,..::7'.."-':".- ;;.".-.. .;::1:;',:;f:Pg. ".:::;1ATF.1,.AnA:,:q.V.'...4;: ::::5,:;:.......,::,,::::p it.,. .,- ,:,; ,•::::::-::;].'::•:,. :aiillit'i :''',:::';':::.,i,:,:: !::04:4:.:1:1::,g,Z;:MII.tit?':i?.:Vs1K7,.. :1:0 vt-tostait033twitstA„-:,:t..333.3.„:::..,3333,,t.:::,„:;::333:: tkotttit..3.::::::::: 3,3333i:,83,3„33,„;iti:33333,3:33.3,.4933133,.T004.-ii:;tiN...333,3tt:i ,,,.:3-33,33,33t33::::::33333,0,'-::::::::333,:t333:3337,333,:3,3333:3333333,3.".,:.,-,&r,?.3.3,3:33:3:3"zt,t,t4s-ime3:0.4k3,43t'ip.A.:.: : . ::-.-:.33.,::-.:3:-... ,3---. 1:::11/ii..." - '-.. •'• . ' i -i'''ci:-',.•(','N'-':k..::3,441.&,,,i,-,:.';:'''*-4,44,?:,,,,:::].V.,:\.. ,':.,':.::4],h:-Ni: ,,:',.,,,,,-tli.:,-,.4...A.p;::.,.oA.s:',a:..*V.:".;;.. r.'.'....,,,,r4m1:..4.400:.;a:toft..-.,...,::,..,•,:.-,:.':-., -. .,: . . .-,f, :-....• r7 1.t,,,:1,:.:,, ,,,.;.,....:;,...i.,-44...,.iai.,.::,,,„,,t.,is,,,..:-::::1-1*-4t;:i.9„1-4;ii,iii:;.::,1::;.-3--- ".:i.,:!141,..,:wii.,,,,l,"::],],,,14:::DI100...git.,. 1.4.4%,„!41m....:_„*H.,,,,,,____2.,v470..,...:l'Atig.,::.'gri, =4,4114,1111.11111:111.4.--...., . ;,,::ti:,.,:;...,]...::,..:...,,:,._.:...,,,:,,,..33...,:_. .. ..:‘,,,..5.,:i ,....,........ ....„.; 1 .%i;.4.".7 "'is7/10 . 4:-.:- -:...,1:: .4kL:..::•.::-'.„..' IMIFT:.1.44., ,,_;,ii,:riitt,...„,k;4004.1:11.4,. ..e:':::,i: -:'..:...:.1.,it.::.,: j_. . . r.,. . bVii'. cii t.1:!::!..:':::::tiag,,,Nik.."..:::":-4:::M"-,, .:.. ...;;::]:::::,:,....'.4:-":"Att:74A.,.._,.,.„.4;1,,,31‘:f ritiligiesto.MkS.' y„t.',';'::.. ..:'-,::. ...,,1.,:::; •:.,::::. - -.'.'....i,,...,'.-. .g]: - ':::'T:-;'::tik . : :-.' . . ,,DON,' ,...)".3:-Jq.- '',''',': et,•,•_.:•,:;:.• :.; iz,...,:i• ,4,,,,,,,,,,, • ....•••,,,,,,,,, .--,,,,,,„„,„:::::::::„,,,,,,,,::::,,,,,,k ....1,,,,,,,,-1,•:,..,.. ..,,,,:.:::1:,,,,,,,,,,r,,,....,,,,,1-::::.,,,....:, ,,,,,,,.;!.,..,••:••••• .,..c. ..., t,,,,.. .. ,,, .. • • • I. c,„:„:„:„„-- .. ....:".,,..,:.,•,„„„„„„„„, :::::::::::„.„„:„:::::,:::::::::::„:„:„,,,,,,,v,„0„.„,. „...,,,,,:,.„,,,,;,, ,•:::•,,,,„„:„....:.,„.„,..4.,,,„,,,„,,:,,,,„:„:„:,,,„.,--t;i:.:::.,:..,•, ,,,::::,...," ..;.-::::,.-:. . . . ::-:::-;.;:1? ;i4i, I,7 -- ,o,, ::„.3.:3,3:3,3„„3:33iit 3.-.3-3.,:33,,,....„3:3,3-3,33-3i.-3333:::tit:: :f.:33:3-: t:i „: -tt,.333,3,33,33tt,t;,,, - .3 . r„..3433.::q3,33,.33-'3r:3-r031.L..: !ttilli: :3 .- ,.3-.,3:::::-,333433;:tt,3;33,:33-3 .33t.t.,34,-3"m::tt-vztt:..; ,,t ::fst ;'....■-....,,',-,• 041!.'..!:4-:./.1!*S.i.;W ,-'. .;: ,.'-'.•:.:i,,aia:i.':.--,,,.:•1.,,',;,.:,:-:,i':: :',:?.?. ..]:'.'•"':,...::.•'1'''',:;%41, '...'''.;;:::'..l'''4.m.i'. ..,r,_ . ,IP*ifine.arr.4*.ftA7,'.,'•k,,i :.;t",':;•': 1.:'--:‘:-:: . '...,,,'";-:."•, , ,..-.';--. :-....- ',.=`• , ,..,.. .14,.A'arik 14-' ' •: - •-:::::-,;.,": "Irtli.:'!''•Vittaf:•-:latg•:;:;';'.-....':'' ,''',1,•• it.,.!:4.::'.!'..'',:::',,:-.;.';,'A.:.';`'.;if 011:1:;':Z,!'Z'. •"'.',-.' ' 'z':',''2.::'''' -''''''' " '''''''''' 'e6:•••,',"4:,,,,.: .'V',.:',4',&,;:.,4Ze4.a.W.: ''''§A,4:,Alip:ct,f.'.,,•:.,,,t,..,,..;;O:,,,:::::;i:.'...r. ...E;i',,A4...':''4.;:•. ," f .iv,:..tittiffil.'.4.1.t.;.... .TM'''' 'ift:'-'..:;i1:•i,. i',:i. ::.';<....,.. ','...::',::.;.: ::: 'i'''D3' : ..- -, . • - j If.,t;!tiOtainaltt‘t,'W..i:■:< ,:''''':40 :'•:''''',...,''''''';' . , , r "2:414'%;i4t 1,',..'-.7 .'. ::•:•'-rT,:::;7::::.„,-,,,•,•;.,':.;:::';',:','!''Itt,C4,,::::eril.';'',.:: ':';.j:' 3.3,,- . .,3,..,.--.----'. • 3 . 9,3,3.,3. •.3,33,3,333:33:333 ,33,0 3.,33.A.,,,.343.33.3,...er....,,.:3,.33,3,03Az.333::,..3 3.‘4F41,3343.33:Ni33:3,..p333,34,--,---733:3,3.3.333,33„333354,34g3 .r7.3,3-- ‘...„33.3.::,:,33f:3; 73.:33::.3333,.t,1,:r,..,3.,f3,,. ...33.133;,37,..... ,,,,,,Fli . ,........-. ',3..,..i.,-..4.37.,, 3 . -.i. . . .,• -:;1:-,;;.-3,74'. 314,N4,43.,*3.3-T-le,-i.-::.,-,.3,3,33:3,43.,4.3,3A3 3 ..:!A!!!!..,,!•!!!-- !!!!! !!!!!!'!!!!!....-!!!!!!.!, !!.......4,...!!!!.!!::•!---..!1...gz.trx-45.4o4!;1! ,a.!!!!!!!!!!!!!!,--!-:! :!!". -.:.,:!;-!!!. •• t.-•,:,,f.-2; :7:: ---., '3,:"::.,...'-'-',.. .:::,-,:.,,:'.,::,. I- - ! '740411t..4,f,''. 7,:',3'-',1,7,74 ft::::'-:::) )iii.4:0;V:::%;.7...',;7:';','''''4'. :*r.Z;;;: :kkif,W,',:',@','..,°>f,^14E,::".:;.-,::::"..:::; ;:-.: 'i-.',;,' ..lr: 4ff .*,-,:i.:::,.;,-i.,',...ry''...;:'...::,1:. .':::'3,3,•••••••7.• • , • tiefAft50.-:44,11,to 4.46. .z.q::.:•.'3;:gr,,•••;.,,,,,wr,,,r,,,,3 ,,,a,„*..k,...:-...,-' ...,,:':''''.:'..'..:3::::::::',:-.;::::,•„,,,,,,,?t.:3,;.,73,-3333,3:3:::::3,41.3...3t3.-3431,..3::::3 :::,---"--.,,t„-:: ,f,g,.- -,,,,3 '.,..- .•-.3 .,...,.... . --::, - '.'f;-.r33,-'--3!::-wiattw.i.3k,•....3.-sm3.3::.03..:::t,3,-,. ..3.,-..q- . iw4-7....NT:,,-,t3:.„.,-.N4.33.333.,333,--,3-3..-:,,:.t..., V3W-41.3k.: 34.00f..,:ki333Azz.3. 3.;3;33i3„3: 435,.1g337E3,3-33#:..E.,,,-.3.k: ,3,. ....:33':;33...34;4,-..,!:-.:..,', :)i,3., :.-•.: -- - : , 3,33,*i3.1'34,...P4-,3:46"3'7373;,3:3,--,11,it',:',t,'.i.33aL ,,....i7,;;H;:....,,,i,,,,,,i,„ ....-.„....i.;,;:,:,: ,,,,,(401::$„ A::.?„,..,„..„.4..:,.:.,.:.;=,...,.,..!,,,,,,,:,...:.-.._.:12:.... .,., ,.....,,,,t,,,.,>0.:.. .,...,..„-..: „..• 1 t...A.0,09.,7„.,.:. ,?..',„.A.A%,.,,.4...co.takt:,::4-44., AvK's77-77,;4.t:4-,Z.4:q''''...,:.....= ,,,", .'we.:' .:....,::::',...,a,..?:''zi;2k,';.`,::',. :-.,:ct,.:.',_ ..'-',..'c...",','1 :'i. .,., , ,.; -' V:::WZAS.,0j*Ikiiii4,14., 't'.•%. :i„.,..0.,,IRI:i.14ftio'AY'...',.'''",;;;,,,';`,..L .,N,::7:541..:,a-_-. -:i..... -.....27-.!-,,, ,t, L.!! .,■1!.. !;:!-,c;,,,!!!!!,,,;!.,-!;.:!.i!„- ::::!!,,.c. :,, „•-; , , 4,iiiAVk'7".,'`,00it!!! 4 44;iir.!$ !"-iPr'!'"4''"!-:!',!!!:;!.:.!!,...!!!!..-- tr4""±k. 7:4!!! !'f.'! ::!r!5!!!.!:!:N!!!!!!!!!!!"•!:,•!!eAta!!!a•?Z--,?it4t.!-•;;Fi...,11,S• 4;!, acp..,tt,.-ttk .3,.::::22:3,3-,':: ... .. 143•:::1',4,,;.1.34."3.;:e.:k11.4.1.„544.7-4;;;:?3•41:.3„tr.:N14 -it,..,.._,,,,,:i:11;P.N.ttigitiiP, A:le4ZATPkt'3- -i-S-tvlor-314.';:373,-.?, ..:.;e33;-t 'ti-±,:f3,3cY.3.1.)33';-:,.:',.'qq-'233.33,,i-•:5:::!;;T::;-....3.: it E : .,:;1-61:Miti:54:41:1::3,.3.'-' ,'.'..*33#3t;+ttgatkii.,-4331!;:: . _ ..3i!i':::,I3;i4;;;,iiGitOill:,3F4.77.*503 .;ifii:301'41 3 iti13331A4:1:43;; 4 :.:i4A:: ii-:3 3,- i '..3 .„31it,Ottiii'l 'i3.44111134V,;, ,,. .1 ktifii4:10-'33,%if'ggFZ.i'3;33.t:43*4.tt3,,,g:33131iI3P:1=!,3f.3Rf3tk:.qi,;kilgfc:'i513k3;;R.Z':A if:A.1.1"pkti3iP lE 33`:3 :3::3;31-:iii3'33,3:,:-''',3kii*:31-:3;-3;313.-.:-:t.:: :3:'3.:3:3.14'.'3..71 ';'•:.:".- i 44;111:tt,1141;q1V14,340trellA3341-lit:if,iiii5ii:34-NaiitiiW‹gt3tr:OR.,:lig36144.60g4. ',4.-i9:§rietipkAiX.,itfVitit4Mliia,gt,.3,4,,,tVtrZtkig'i,::i:Mlg;VMahl:t73gllkMA2X-4tEtagentt?ggCrt't2.4" ..3t:L131:i t 3,3,3,,-.4$4331.31,333,341r.Irti333:3333,..maw*.:33i3,3:3333.3:33tit.t.t.ii,33„3,„i3t.33,3it„,ti.„3,343:mt-im,,a,,t3,::,,,tt,„3,gt-vittt„3,43..i.touiwo3i334:33,-,3:3:33,tt3t:tz3x.,:it33.33,3,3:-,3,34.3:33.7,,Att-,3,3,rtt.;:t,--m 4:33.33ttt3,3:3-3.30..3,4 i, 'c.•■M v.:,it,A.3 i,r.341,043,333„p„,30.„,.33333.33,333333:33,*33,3:3i233,343,3433p3.33 .53333,43„ 4,33344:443,34,33...,333403N".3333:34433,3,43134g3gs.v.34t4,3a434 .,3:43,-333334-33.33 .-14V•LiA .-..3,. 73, 43::-.3-- -..3,1•77.-3 '47....`,4"1.''''.4'q.'"'i,j`,"*--i•4V 1 -1,.-4,111.01>. ,•.-,::',:hti.A':,:*taig:',', M??. .R4e0-,,37. ,::;u::.:043z.:,3.;:.0,,,:x.:ti•A',:w.,:5':'Pm!::Q,,. 13t.t33,33-3,,,.3,t,ff3,.tvoi3,31.,-33-,--, . :.:," ,31,..3-t:(,) '''!..;?!!!"'"•!. li.-,-V•x'!'!!!!-..A*.I.,- ','•itireit •1,..!tilt o .4,-.!.• •••!!!'!'!!!!!!!!!!!!!,!!!!!!!!a!!.:5!!A .!:!!!!!ts.!!..e!!"4-•"•a- ,•*:•!q!4!-!;;,!!,:fti;,:! ,,!,!,..,!!,!q:,!;!!4-!:,!!!! -;!.! :,-,:!-.,,,,,,,,!--,!!.--, ,!! .! !,t,.,..,-] ---, ,: .,:! .4.!.! ..;,?..1 I. !,!,47.1'144 ,4,!-;,;,,,, ,kiji t! ..:-. ,!!!!!!!!!!•0,!!!5::::•!!g!,,:,tI,A!;.44I!:: :4Q.V.,!!!!!;,..,::::!:.0":fi::!! !!!1:!A:T=!!!'!!!!!!,'''''''''7!!•!..!!!! !...*'-'0.--`-•4:1,II!P! !!!! !!'''-''' .... -7!!!-.p.'..!;'!"".!•:;,,i1„,,-!!!!! _.4_,.!---4,!,!!,;t:!!0;!!:!`"•"•••;!.5!!;,•;•,=::::,.;•;:;!.:-. I !''1•• ''...:7!'e -114°443,94411sk 4403,44:01W 4.!!:!:!]!!!!!!!!!!!!!!P!!!!!g!!!!!!!!?!!!!!'.:11!!1ARM!, •!!!!! -.,:"•?::4• 1-•'"-'•'''' ' 'il. f. z-IR.1! i-',;;;::,_,--A45,2"4".2:, ".:T..:--,--..-:.1,;',Q. .. ',--..,',,',"-----':- -, •,.',.,..-:. ,03111,149 0',,ii:-."zi:-,''I.:I.'.t-1114.*:0k-.'.,::::,:::-,,,.s.:-,'-' . ... . p- ,t1g-F _14-A.,"''--------- yi:-.10.afilq,f, i-',1,f.',-...:-, •:'''',....:'"- ,,7..fi,;V:---?::,4-.6.?,..„,3n,5,7,t4,., . 4-lci =1131'----' 3:. :',.:1"...-..,i,-, . ,.:C.",-v,,,-'.,7-;:'3 :,,.A-4-tri!''-'7,,,,..•'..-,......2-ii_j,,.... 1.4i-iz't*.2-Inii----,-.-------- '1,,, 'iii:L.'i,`‘,...:.rti.fe..,......:. ''''-4,--q:-..,,,-1‘,.,,i`rn".7.',,,'-_,:-,!'..--..=.,.,',,..,,.r..-...",,.• ;. li3:3,3::.3.1_1- --....3, ,..,, z....!.<7!i."-"..■ -,..::;.` A'JAV.''-'n4::''.4--K -f.'''''''''''''''''`:..L ' :-'crii....'i ,...'-'• AVI--i.40:'-'•.;-.. ..e,ifA-i;n17.-- T::....-'.-':'...:1:7;'•;7,•--.: 14'' 7,.k)tr.-"•'j'2•°->A74:V.4.-;4',•fr,i- -'..q.]7.?;;; -'5i:;';',':."--'..: .'. .'.-'....p. .I •!;,--rsi,-,- ,;!--,.....!,115?4,.:_.;-;c0.!;!!!.!!.„-!.7.-- - ! r zt.ttit.:33.: ....3.,-,,,,,,,,q34 -.:,12-,t- - - -- ,...'..t.:::`,.:.i. 4':.::::- .:,,,,.-.0..,;'-,-2,-,..',......, 4:: ,,,,z.•f.F....,-1513,•ae...;-'4.- -,,,,,:s .,., ,4,,,,',.•,,.;:'','--:•'7,,,-;',r:''..,•!.-.,-''.','-- r''-i gr-'&,7,'' ',.;:3't.i':.'!r-,'''.: ,,'., ....7 ,,''..- l'i,''.'71#3'-.,':',..,.'',.:-;.-;[.''' -, •' Z $ .:f;., ,:..',...;'4.....7.%4.•.:;'.,..,„.,,,:c'•7::,..., ':.rfl......:?..:''.!-,r,,-';',.?;rt..':',:t''''l'..:::'."..- ,,-' ,.., 1., f=t4.i',J,,•-:',',.,14,,...!:-,'-.2 :1. ,-;-...`;''':,'.'-:. ,'..5....:.=:-..,.7....,',;i...?i,,:;:'..1-,'"..,.''.,:',--,,, :,fiii,[.(. ,'''.4•';;';'.'•:...=.•:'..:',....-'',,'.':..c..,...."A: ...`,, .zs.--:,:•-,,„., s.v....,:_..,:: ...,..,„,... ,;.„...,.. . ,,..,:.,,,, ,.....,.. , ....,,........ . .1 -I \ ' - .- . . i • i o • a." �.-.-7 rr4 t 9 r �' s. r v ! s Y i �J y r 5,� a 1 ; r y... t !Iryf Er, '.kJx`+. J tif.: 1 ,: r •-r 1 -r, �� ! E yA e :';;:,,i'•7:4,-:z s �'l.17 ° , f .:i 1 ZJ J } • 1 .� F / avvti f !i a' r • Ys IL t , :''s d( t 4 } t i Ir, ''''.''....,•;•1:..-�' • \;';',7.::':.:5-5-..-: 1 , r } t ' ' _ t.t t , y ;sue! ,'1• 7 :y 1 t 1 •r :.:.:-4 4 p-.,' `t ,.. 4 1.ta.r-4;-,• � r ''^ !'#( t,SE. I'3 r�IrCi #. ;: }t<t4 J,f 171 ,�, n tk ..--i,E#.q. .?` ir t�S'i ¢ ,d i,r 1 �,�S"L-'a° 4.r'-'1q t;1 _ -a it Z z a} e s 9: r t¢• .. J y. S h y d k f , ��Y '4 t Yt {:. ri-ik"v ., ,(, J E tg iv-vi-:,.•,i..,:: -_i V :p y lt.. { I, �, ` '# r.• t t a r F ' S ! Yk ^„ t m rl 4Nr d r { °$ S r 11,. i ' k a•Z . ] / kC ? ■,., y ▪ f R tt q 4 sg# t 1 .' - ! q t rr '':-f ff t r. .A Na !- I ..tN•{ ?, 3 ... ,. l:: 9 fu:1 t1 5 i�a ` 1 ' J•' - .•▪ ,c- ; ' a .4r. ...` ' _... ,,, }` v, t � Y t= t,..--m ? TM :Covering Lansinf• ,' a °�- ; �� ,.,' + ray y ,.: fit _ i.: A C:. Y 1 t i • } t� 3-Iohd a t' s ke keññei us n y � y pe • pa Owner_ s plan , 4 ' i e 'a, i i '- . : • v b,.s i { `q a r iE• r s k e ' 1�d aaSE 4 S. f§ grand:opening 4 t t 3�•.for Danby spot Lit Jr�� ��y6rfiz x >rf4 3 �_ ' ,t'wfi, �� ,�yy '� .J':a a7� ;:7' ;"ss" r);: .r-d.F.- - x s z o',a'o r I rb t t y'0 3F E 3 N:,,'",�.-3.. <n frT r !1R r b :3 o 3€' 3 t r4,: 3 t` k in late-•s 1 111 1:= rr t ' ,,�lr ff r y Yf rx d t rte ? $. 3 t N ti€1, a 3 y ,.:" p �� '' q.,_4� 'S F�' 2 ''� � '`zR' e s zs s'r .,r�.Y's� P; .. rrz ; z�'4 -: l P la r i .4f zz51 I3r/ � r n f e .s • B PETIA NENOVA . .: n , 0 ,F,a"j,.�,;'�x t`z s���r`s�x��,i` r oIttir� ;: pi L. y •!c v ' `Z:; > a r°S j O fr R jA rY ,* p ,1• � -- s g D lit Af :•Special to The Journal 'f':-a� 4 r i C t 3sr r f � ft, p 44:1. A ° r`:,,,r '.i{ Rf.d� a r z= R 4 & �,x a'; k ' L ; r,. . .�� �' � • r ��` +. tpt, - s " a �x4� <,?�s :.r�F ��;�� � r'R�a F€,fi'°.r 3'i i:§�s d ,� r a J s r R F:�• DANBY—It s a dog s life. r . s � l awe f0 t s.� 10w0�£ $ A li I, 1 I y :„.1 .f 0: �`'• f+��"x 4 Ff .sc -,.&�" ,ss o , The old adage acquires"•;special : ”4 . _ meaning with the arrival of the newest w 'v? ` , ° �" z r # ` ,y.a A ri¢ l g F ':01:40: ;'-, dog boarding facility in town yu' '`�' i i f ' o ,� '•'`' : J I " F N --' _ ' The:doggie bed'and breakfast �, `" s L � tt: f f < ' is what Danby resident Janet Gray ' '.d ! ,i ... I ,I.,/.:N.t, '` # 11' ty 0 T. ,; calls the Highland''Farms:Do - "..� 11 I ' '' 1 ;,g q r Irv'1 ' :0`' ! ; tv �'f € '` '.11 C, $i'S If 1 i 1 �. 9 $$; F ` ate'W _ '� f 3 Boarding Kennel, wluch' she and l� w i ,l, i l .+, her husband,Tom,own i( I s ( ' r 1,, { r d•• •The barn-looking tructure on t I s "4* 4 , tk q ; n f 1C `J' :West Miller Road has•10.kennels, .r: .y 4 ;`'I'Ll: i, s �' - ,l j s z• '''and.a la and - a hose itab1e ., -" % A f �; • +,, play. y ", P a, ?w xx , .. r^ s-. s P "ss'`•r. .` t' . :.K• i x 1 ,6 e.,.c 3 :: ^sa.: .a.. t 4�:' a.. / 'Yy •'` 5F; '>,. ..r,'rx - place foucanines whose owners are �#1,k- 7W::4, `; i gft.5 ,� away or cannot take care:of:them, �� * '>l' .a' -3 , 1 � �,• •especially duringo the holidays -�- , � � ' ` ° r - `m - ■'• • Gray is planning a grand opening : .� '34 0 . u0, c l - •• .in':late .spring,.. but the kennel .• .X ,e'`_ �� ,� Al k `',z opened doors on.Dec.23 to dogs of • ..,-- Y�• sY g , r q 'f`,' 4$ X44. ti g holiday,travelers. The kennel•cur- ,. s -�-� b ,� ? ,:9 j;.1 ri J ` ' iently.houses 12 animals,•some of ,• .,fir , •u. rii, , �,,a N' which will stay until Jan 1. � ` K , "` � 14 s �n r' •' j Although •away' :froth their : ! a � •�. � sF1 3 5i �- i `1 'Ij beloved owners, dogs are guaran ;F �^t° A "ASS �{ $fir. �" , b,-,�r es as a. b,r,,, Y :.+kk`�4' Y �' teed comfort by the Grays.. g =� ,. �:n` i f r � . a' 3 • Each kennel has heating,air con r {'t ditioning and comfortable spaces.If s,7; .f • . mat 70' 3 ' t, t g I., the'dog has its own blanket, the ' ' --; ' - � ,- , ,) �° 3 1 Grays encourage the-owner to bring i� ;` " N �.. p J°= a FF _ _ .r c,sf�,.>4' 5; sr .'n � ,�azt-rte '�- '.a��Z .,,.":»" it to make the four-legged visitor . 13 . ° ¢4-* x-r � � -_-�.�- 4.��� ��°�:5'.�i�rx°.��:��.^� •,63-.. `i�..r.- ��Ft<w. Y.^x«.r� >2 . feel at home. Dalmatian Shuvee and chocolate ' . `,•` Labrador Hozer have been regular visitors since the Grays had only a Tom and.Janet Gray,.owners of Highland Farms Dog Boarding ter and air-conditioned in the summ • -small kennel at their house prior to Kenne4 hold their dogs,'Morgan and Toby, outside their new.facility grand:opening in late spring but they opening the Highland Farms. at 168;West Miller Road in Danby..The kennels are heated in the win- holiday boarding. '. : "I'm really picky ,about who • • watches them,"said Pam Staub,the ."If I couldn't take them there, I nutrition and obedience are three ers.Getting groomed or having paw — dogs'proud owner.The Groton res-•• wouldn't take them anywhere else,". basic.things that any dog caretaker nails clipped is also an option to pass :I ident said she gets emotional when she said. • should know. the holidays. To make her canine she has to leave her pets and calls After finishing high school,Gray . • Most dogs, according•to her, guests feel spoiled,,Gray spends • Highland Farms every evening to worked at a veterinarian clinic where come to Highland Farms' well- time in the Farms'kitchen cooking check on them when she is away. she administered injections and socialized and knowing"the basics "dog.goodies." She also machine- • Staub said she trusts the owners assisted in surgeries. She and her of`sit'and`stay."'They rarely have embroiders dog figures on shirts, I of the boarding facility and husband have been foster parents for separation anxiety and are "pretty sweatshirts and towels to sell. I • • described Janet Gray as a compass golden retrievers for several years. dog.happy." The Grays have two•pets, Toby I sionate person who would treat "I've known dogs my whole life," m Walks,meals and tie to play in ` and Morgan,and.expect to adopt a - .,,• Shuvee and Hozer as her own dogs: Gray said, adding that behavior, the yard fill a typical day for board- golden retriever puppy in January. • I ... 1 _ t i • • • i' ■ { x • • nt lines of a disastert . ,, , y x a- .'in the Tsunami,she wrote to,J Foote who works at Jon Reis Photo s • ity and Design,141 The Commons,The Home Dairy Building,Ithaca �� •'al Foote forwarded the.letter to The Ithaca Journal r ��� t t Z : Yght Christine Xaver, right and Scott Weatherby recover at.the Phuket Inteinational >n Ate, " 5 gI, ,u lospital in Phuketi Thailgrtcl, after suf fenng injuries in the tsunami that hit T hailand `"j ' x t unday.morning.Xaver, chair of the communications and media arts department at' ' y i p ompkins Cortland Community•College and Weatherby, an electrician"at TC3, tmv- 11,': ;� d to•Thailand forme holiday weekend with their 117-year old son AlerXaver to take • im to• Muai Thai.boxing camp in Bang Po, Thailand PROVIDED Y M,�y ,. , iA r•t � ,, ' J 9°i x . •"x^ ,,r.,:.,:„.4,r a 'is a ce�#'' �},.'3 i 'i,> Rya h..'s i'"`: €fig aaza�a � t t aF w 15 .a }c a,,, a { k :. 11g.3r ". 1. r � �` x� .,*.: ,t��, s .S : z..,. 1�& -,.,:,,,;-:,,••,r......:.•::r i k.v�,�< � � �'..�s� z 9 i d, 3 ,f L p 3 `r a ? .6 a � -^w t iiY` '� fT — s �u��, � ( ss � .fit ,� ,� t� ,�. •........"i'"&.`3.'.':-!•:::‘'f•':-.:.•q."30,034:1:104';,Z-:".:1:• ::::•••••e:',•:"..,"•3.:;.::;,:,:'":-..3":l:":101 ft33ti'..:::•'":303%*?$ ' :. I w " a * i:a t gym` y , f� "`° ^ �r^ i :-y r,..a x � �t 4 �ski�'a � �r , f s. 1 k.. a r Fx ak• r.. ``^ z,a s is N.3€ -, •; ,�. �" ra >1 ,,,, " s^,,t,,;, 9 3 sr`5 ax 5 -'z.,, •.a S .'" x e. .... r4Y.a �, '4'4'.. .Y'.-':'.'.•11:.'j. 3 E- S, '.? D i�Y -S .}:> �y,il+` v YH �' � .�gj ate'.` `+ ^'+-7i I ?y ,,,.✓, '' - "� s a 2 :,`xa4""''" . ,...a,:-:g's`y'L-a'�'. �": r S .2 t k 'e�.: k.e 4.4;.1,1,,a7,..),,,•,,,,,,,...-...,...,..-..-.-....,::.,:.9-,; ?� t ; � �+ � �.-y. °�. x s ="*�,"�', r ''4 �'r-��,° `�s`3�x, ��h�ra �,z q.. \ .. ',9°n ..--:',1':-::'•'.:::',.''..'::;.::',',:.;.': z Six, a ^�4 'ES.. �.i , t4•• ,�,. Q_• , f. J _ �Qf-7 � t Y 7 & z a a,n '4 1 wy -, rays y�a T dS'Ift�, wr 'a l: 'rf F b s ° i z .. _ , r .r c t,r, e } .. ii ' citdPress, 7., 'TI,',,,'''. ol Wetchakul of off ers prayers for the soul of his sister Wednesday at was swept�out,,to sea and believed drowned as she sold goods:to dawn along the beeaeh near Khao Lal� Thailand°Wetchakiil's sister tourists on the popular tourist beacli.�ustSnorth of Phuket 1 , t R s e LY:move We originally ',feared ;the doctors,here;call them black- We lost all of our luggage,scuba .ready to travel 30+ hours back to he'd broken his neck or back as he bruises and,they're"deep{and run gear,etc •We,,arc wearing hospita' Fthe US yet Hopi g when we do,we .' ∎ was:unable to move:a`t`all SWe got the length of his arms : 3 s,, ,gowns and'donated clothing I can can getYa medicahejeade so I can i::•;„„- l 'down to stabilize the`neck In the end;I thuik we afe+the two not;tell you how°WONDERFUL elevatef;the,leg Doctors say I`don't 'd`waited:for hei "However, as ,'luckiest people alive` :Were,aust,�'the3Thai people are;The medical,?need surgery The tear twill heal t, ou cab ima e,the:hel was,b now seeing the television;and t the care:is rtop-notch t The$emergency' 1 tselft if,I don't move i So-the soft y k r t After about an hour,_the hotel was 'destruction Of course, it causes process the bgst 7,I ye°eve,-trn.n Ix cast will$be with me form month or 1 w ram 3 able;_to get their minivan there and„you to relive it over and over z f ,,wish we,had it this nice iIl the US so -y • x.-, ? tTdTlSpn1'tP[�11S�Ll:tile�hnen+4nL�L.. � r_o`etniv}lt ufac_t}lP�itct-timP_auP-.Tt1P.N�i'�S1TIiD�V W(lTl(jP_7'ri7i, tin�r�+...---�`1't+ 1r .� fnr—�1L-._ka�'P_mail. j -0 . t