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Home My WebLink About2004 Local Law #2, Moratorium on Land Divisions Local Law Filing ll ing 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. ow- T -- of____DANBY Local Law No. -------? 2004 --------------------------- of the year ------ A locallaw__PROVIDING_ FOR A MORATORIUM ON RURAL LAND DIVISIONS,___ (lf4Pp.ICATIONS FOR AND APPROVALS OF gUBDIVfgIOIVg Agg- APPLICATIONS FOR REZONINGS -------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------- TOWN BOARD Be it enacted by the ------------- ----------------------------------------------------------------------- ____ of the (Nu.e o/Leaidarivi Body) of____DANBY- ____ as follows: Town -------------------------------------------------------------------------- TOWN OF DANBY LOCAL LAW LOCAL LAW NO. 2 OF 2004 A LOCAL LAW PROVIDING FOR A MORATORIUM ON RURAL LAND DIVISIONS. APPLICATIONS FOR AND APPROVALS OF SUBDIVISIONS AND APPLICATIONS FOR REZONINGS Be it enacted by the Town Board of the Town of Danby as follows: Section 1. Findings and Purpose. 1. The Town Board of the Town of Danby by Resolution No. 67 of September 22, 2003 adopted the 2003 Town of Danby Comprehensive Plan. 2. Section 272-a of Town Law of the State of New York, "Town Comprehensive Plan", Paragraph l l(a) requires that "All town land use regulations must be in accordance with a comprehensive plan adopted pursuant to this section". (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev.2N8) (1) 2 Local Law No 2.of 2004 Moratorium 3. It is necessary to review the present Zoning Ordinance and Subdivision Regulations to ensure that the Town's land use regulations are in accordance with the Comprehensive Plan, and with the requirements of Town Law Section 272-a. 4. This review is also necessary in order to protect the health, safety, and welfare of the residents of the Town, to protect the Town's environmental resources, and to prevent the development of land which could circumvent, conflict, and/or be inconsistent with the Comprehensive Plan. 5. The continued issuance of approvals of subdivisions and rezonings and the classification of rural land divisions under the current legislation,until that legislation is reviewed and modified where found to be necessary, may be detrimental to the goals and objectives of the Comprehensive Plan. 6. It will take at least one hundred eighty days for the Town to commence the process of carefully studying the Zoning Ordinance and Subdivision Regulations for accordance with the Comprehensive Plan, to consider the conclusions of such study, to draft new or revised legislation if it is so determined to be necessary or appropriate, to conduct the requisite public hearings on such legislation before the Planning Board and the Town Board, to adopt such legislation, and to give the required public notice of adoption. Section 2. Definitions. For purposes of this local law, the following definitions apply to certain terms. 1..q.Land Annexation. Land annexation is the transfer of title of land from its owner to an abutting owner, for consolidation with an abutting lot, provided that in such transfer, the remainder of the parcel from which the transfer is made meets appropriate zoning requirements; and no extension of an existing, or creation of a new,public road or public water or sewer facility is involved. 2. Rezoning. Rezoning is the enactment of a change in the zoning classification of any lot, parcel, tract, or area of land. 3. Rural Land Division. Rural Land Division is a Conventional Subdivision of land into two(2) or more lots, in which all lots contain more than five (5) acres (excluding land within a public road right of way); and all lots meet all other pertinent zoning requirements; and no extension of an existing, or creation of a new, public road or public water or sewer utility is involved. 4. Subdivision. A subdivision is the division of any parcel of land into two or more lots, parcels, sites or other divisions of land for immediate or future use, sale, or transfer. The term "subdivision" includes the creation of, and all changes in, highway and lot lines, whether or not new building or development is to occur. This term includes resubdivision and, when appropriate to the context, shall relate either,to the process of subdividing or to the land 3 Local Law No 2.of 2004 Moratorium lines, whether or not new building or development is to occur. This term includes resubdivision and, when appropriate to the context, shall relate either to the process of subdividing or to the land subdivided. 5. Subdivision Regulations. This refers to the "Subdivision Regulations of the Town of Danby, New York", adopted by the Town of Danby Planning Board on December 5, 1991 and approved by the Town of Danby Town Board on December 11, 1991, as amended by the Town of Danby Town Board on September 9, 1996. 6. Zoning Ordinance. This refers to the "Zoning Ordinance of the Town of Danby, New York", adopted by the Town Board on December 11, 1991, and amended by the Town Board through June 111 2001. Section 3. Prohibition of Subdivisions, Rural Land Divisions, and Rezonings. For a period of one hundred eighty days from the effective date of this local law, no new subdivisions, rural land divisions, or rezonings shall be permitted or established in the Town of Danby except as expressly permitted in this local law. Section 4. Implementation of Prohibition. Except as expressly permitted in this local law, for a period of one hundred eighty days from the effective date of this local law, 1. No Town official shall accept for filing any application for a subdivision or a rezoning. .i.2. No filing of a Rural Land Division in the Office of the Tompkins County Clerk nor in the Office of the Tompkins County Department of Assessment shall occur. 3. The Town Planning Board shall not grant any approvals for a subdivision, and shall not provide any recommendation to the Town Board with respect to a rezoning application. 4. The Town Zoning Board of Appeals shall not grant any variance related to a subdivision application or a rezoning application. 5. The Code Enforcement Office shall not issue any minor land division permit, building permit or other permit or letter that would result in, support, or initiate a subdivision, rural land division or rezoning Section 5. Exceptions. Notwithstanding the provisions of Section 4 above, the enactment of this local law shall not affect the following: 1. Land annexations. 4 Local Law No 2.of 2004 Moratorium 2. Rezonings initated by the Town Board of the Town of Danby, on its own motion. 3. Dural Land Divisions that are either filed in the Offices of the Tompkins County Clerk and the Tompkins County Division of Assessment before the effective date of this local law; or that have applied for and received a letter from the Code Enforcement Office prior to that effective date confirming conformance with the requirements for a Rural Land Division, and that are filed in the Offices of the Tompkins County Clerk and the Tompkins County Division of Assessment within 62 days of the effective date of this local law. 4. Subdivisions approved by the Town prior to the effective date of this local law. where preliminary or final subdivision approval has been granted-or where conceptual approval from either the Town Board or Planning Board has been granted or where a Minor Land Division Permit has been issued, and where such approval or permit issuance has not expired pursuant to the provisions of the Town of Danby Subdivision Regulations, the Town of Danby Zoning Ordinance, or the Town Law of the State of New York in effect at the time of said approval or issuance or in the case of exceptions based on conceptual approval, provided that the developers are in compliance with the conditions of said approval. Such subdivisions shall continue to be subject to the regulations, ordinances, and laws in effect at the time of said approval or issuance. Section 6. Appeals/Variance Any person, firm, or corporation who may be aggrieved by any provision of this local law shall have the right to appeal to the Town Board of the Town of Danby. The aggrieved party has the burden of proving that it has suffered a significant hardship and that the granting of the variance will be consistent with the Town of Danby Comprehensive Plan and that the variance will not be a detriment to the health, safety and welfare of the residents of the Town. 1. An application for appeal requesting review of a subdivision, rural land division or rezoning application under the regulations, ordinances, and laws current at that time shall be submitted in writing setting forth: A. The reasons for the appeal. B. The specific hardship suffered by the applicant as a result of implementation of this local law. C. The manner in which a variance from the provisions of this local law will not have a detrimental impact on the health, safety, and welfare of the residents of the Town. D. Evidence that the subdivision application, rural land division, or rezoning application if permitted to proceed under the current regulations, ordinances, and laws would be in accordance with the Town of Danby Comprehensive Plan. 5 Local Law No 2. of 2004 Moratorium 2. The application must contain all materials, and include all application and review fees, that would be required for the particular development sought if the application were to be processed as an appeal to the Zoning Board of Appeals in the absence of this moratorium. 3. The Town Board shall consider said application for appeal pursuant to the procedures, timeframes, and criteria by which the Board of Zoning Appeals receives and hears applications for variance, as provided in the Town of Danby Zoning Ordinance and Town Law. 4. Following the review of said application, and the receipt of and review of any additional information the Town Board may require, the Town Board shall have authority, in its legislative discretion, to vary or modify the application of any provision of this local law with respect to such application for appeal, upon its determination that such variance or modification is necessary to alleviate the significant hardship proven by the applicant, and that such variance or modification is consistent with the Town's Comprehensive Plan and with the protection of the health safety and welfare of the residents of the Town. 5. Upon the granting of such a variance or modification, a complete application for subdivision, a letter requesting classification of a rural land division, or an application for rezoning may be submitted and shall be processed as provided in the codes, ordinances, and regulations of the Town of Danby and the Town Law for that type of application as if this moratorium had not been enacted. Section 7. Penalties. Any person subdividing or rezoning property in violation of this law shall be subject to the enforcement, remedies, and penalties set forth in Section 268 of the Town Law of the State of New York. In the event of unlawful subdivision, rural land division, or rezoning, in addition to any other remedies available to the Town, the proper authorities of the Town may institute any appropriate action or proceeding to enjoin, prevent, restrain, correct or abate such violation or any construction or occupancy in violation of this local law. Section 8. Term. This local law shall be in effect for a period of one hundred eighty days from its effective date, provided, however, that the penalty section shall remain in full force and effect after such one hundred eighty day period for the purpose of prosecuting any violation which occurred during such one hundred eighty day period. Section 9. Applicability. This local law shall apply to all areas of the Town of Danby. Section 10. Partial Invalidity. If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local 6 Local Law No 2. of 2004 Moratorium law which shall remain in full force and effect. Section 11. Effective Date. This local law shall take effect immediately upon filing of the local law with the Secretary of State of the State of New York, or ten days after publication of this local law in the official newspaper of the Town, whichever is later. e (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.) Od I hereby certify that the local law annexed hereto,designated as local law No. ----------�-------------------- of�______ of the (Town)(Vt4age) of--- ------------------: - _ - ------------------------ was duly passed by the --------- _kZ ___ cclr_ -------------- on --_ T_, in accordance with the applicable provisions of law. (Name of Legi iative Body) 2. (Passage by local legisla a body with approval, no dis proval or repassage after disapproval by the Elective Chle xecutive Offlcer*.) I hereby certify th the local law annexed here , designated as Zdeemed -------------•-_-_--__-___-____- 19_.____ of the(County ity)(Town)(Village)of---_ ---•--------------•--_- --------- _.__________--__ was duly ssed by the --------------- ------------------------------ o ------------------ 19 ---,and ed)(not approved) assed after (Name oJLegvf yr Body) disap vat)by the------------------ ------------------------------ andly adopted on ----------------- 19--__, (Elective Chief Execu•e Officer*) ✓ in accordance with the applica a provisions of law. 3. (Final adoption by referendum.) I hereby certify that he local law annexed heret esignated as local law No. --------------------------------- o ------ of the(County)(C' y)(Town)(Village) of------ ---------------------------------- ---------------------- was duly pa d by the ------------------- ------------------------------ ------------------ 19--•• , an as (approved)(not approved)( assed after (Name of Legi iative B y) disapproval y the--------------------- --- ---------------------- on--- --------------- 19---- . Such local was submitted (Elective Chief Executive ctr*) to the ogle by reason of a (maudatory)(permissive) referendum, and received the affirmative ote of a majority of the qualified electors voting thereon at the (gene ral)(special7(annual) election held on--------- ----•- 19--- , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and/Ibption. b se no valid petition was filed requesting referendum; I hereby certify that the local law annre"xed hegn d as local law No. ---------------------------- ------ of 19----;' of the(Cou/nty)(City)(Town)(Village)of----- ----------------------- --------------------- was my passed by t e _________ ________•_----___--___---_-_- =____---•_• on ------• 19•-•• , and as (approved)(not appr ved)(repassedter e oJL islative Body) /-------- 19--- . Such cat law was su�'ect to disc roval)by the---------- --------- -------- ---- - - on ----`- J(Elective ChiefExecutive Officer*) permissive referendum and no valid petitiong such 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) 5. (City local law con cerni Charter revision pro osed by petition.) I hereby certify that th oral law annexed here , designated as local la o. ___________--_t_____ ____________ o of the City of------- ---------------------------- ------- having been subm' ed to referendum purs nt to the pro isions of section(36)(37) the Municipal Home le Law, and having rec ' ed the affirmative vot f a majority f the qualified elect of such city voting t reon at the (special)(gen 1)election held on----- -----_ 1 ..--, became operative. 6. (County local law concerning ado tlon of Charter.) I h/certiy at the local law nnexed hereto,desi ated as local No. __________ __________________ ____ of 19___ __of of________________ ____________________ %:_______ State New York,ha ng been submi ed to the ele orsat Election of vember------------ ------ 19____, rsuant to sub isions S and 7 section 33 theMme Rule L , and having receded the affirmat' a vote of a m ' rity of the quali ed electors the cit- iesnty as a nit and a majority the qualified ctors of the t ns of said count considered a unitvogene election,became 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 origi 1 local law,and s finally adopted in the manner in- dicated in paragraph------------- above. Clerk of the bbunty legislative body,City,To r tWage Clerk or officer designs by local legislative body !Seal) _ Date: d (Certification to be executed by County Attorney, Corporation Counsel,Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK d COUNTY OF I,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. 7)�� Signature' Title County f City of �t3 b.j Town Village Date: (3) AFFIDAVITOF P_ IJBLICATION TheIthaca propnofe Yionmg,ire urre` ments andnb exten'son'of'd .an exrshngg�'or"Creaho`r%of a}ci n_ew publicroad,or public Si water or sewer facihy.rs in 7if 2 Rezoning Rezomgg rs 1a th;e en actment of a,change sg m theEzonirig dossihcahont ' State of New York,Tompkins County,ss.: of any Ian lot,dP tarcel'fract or{ area of 1 t �4"s qr C �;3 �'Rurai landSDrvision irol being duly sworn,deposes add; Rural land FDivision .is a g�i Conventional Subdrvrsron�of thi! says that she/he resides in Ithaca, county and state aforesaid and that land,i"i° lots m whichal lots contain Bd. she/he is Clerk more than five(5)acres ex Da, of The Ithaca I dudmg londlwdhm a pu'Jlrc had t road nght dfway) and all the Journal a public newspaper printed and published in Ithaca aforesaid lots meet all'ofher pernrient �a +zoning requvemenis and ggr6 r noextension'ofsan ex�i;fin be= and that a notice of which the annexed is a true copy was published 9r"eOf1On°E°sew P°st�c °f �`�road of public water or sew Plot in said paper lerduhhty is involved x =1f wilt. 4";, Subdivision#A subdrvt hid -91 'f slog rs` the division of uny thei -I a 0 d c-1 parcel iof'IariJ into Two'-or eta mole;lots s parcels rsites:�o�tpe&I other dmsions of land.'•for sube surrrtedrbteT oc.,fulure.}user sign: asale,or transfer The term'" uncle subdivision",smdudes"rfhe,nanc creghon(of ardrall5ch nges fhats and that the first publication of said notice was on the I= try highway ond4lot,hries;niwi whether ory not hew burfdmg A day of S>,y.,r\pAY �06 ThrevT{pmerif is'fo+occur peal ¢ " term++; " iricludes� B resUbdrvisron and when dp•Tsuffer � prop�a�e�fo fhex�contezt ra res shall! 3elate either toithe1thrs lc process of subdiwdmg or,toR a Subscribed and sworn to before me this fhelohdsubdrviled � i vanai •�--� �11' Ot �5*Subdmsion;Regulahon_s�of�thi p ��X y�„ Q y Thrs.;'.referskfo the "Su +rl lg ha e 0 Sion R ulahons.of the Town on.'°th of Daubyy *#New York."••welfd`i adopted by Tfie'Town.,of the�To Denby Planningg Board�ori�;D�tE ZD ice6i91i+1991 and aPFv�sioua pproved btfie Towns of�landjl Danby Town Board on,De a Ire; cember `1991 �yas'�procei Notary Public amended by tRg:iowni of reguiat JEAN FORD �DanbyrTowroBoord on Sepiaws,� cember 9 1996 YS .�j{ ;once Notary Public State of New York ��6 ZonmgtOrdmonce�This Danby ' refers to the "Zoinng Oidr"e �2�<'' No.4654410 na�ce 4r of the 'down t+of;contdr Danby`°New York" adopt-:elude+6 Qualified in Tompkins County NOTICE IS HEREBY GIV edFby;the 7ownrBoa drop view e EN:that atra�te9gulaf meew"fDe°embers l lii1.991�'and�qurred' Commission Expires May 31;20'Q� tin =held'ontfhe�l3t�rd'1 mended'b'y theM."6Wn-'velopmi of Sepptember 2004k}he Board,;�fhrough sJu a;al+ TownyBoard�ditheaTown,of 2Q�d jessedoi Dariby dufyaadapte�a Igsoi t 1rSechonF3 Prohibition of�'&nmg jaw=entitled.c;�"AriOC1CLsJsibonrs"and Rezon'�in�s,Fd•`�-Uhm absi W, PROVIDING FOR A�- K ,:, 9 �` MORA,TORIUM;ON RURAIr° Pef1OdS ofyone;+hundred_,3Tf LAND DIVISIONS rAPPLICAae{ghhdaYsfrom',aheseffec .consrdei TIONS,FgR+AND gppRO ?1Qtdatefof�thrs Jocal law appeal ;VALS OF rSUBDIVIStO(�15�}land drvisionst osions+ryra cedu 0 7. APPLICATIONS�FOR ft(ezompgs chtena l REZONINGS" to 'zI sh'Id6n=Phe TownroHDanby;and,her' �x LOCAL ��,i�,t;`t�fiOFZO d�,�fl,�--' except as;expressly permit-tvanahce +A LOCAL°'�W�s`;;,fed m}hfs�local lo�v t, �t r Towrtrof� PROVIDING FOR"A r4y Seehon dl£Implemenfahon durance M ohibit+on�Excet a's ex' d'`Fo11i oRATort1uM o r RURAL LAND 1Pr'Isly`pf i ed,Tit this to said ap" pppp � AFP,L AITIONS FOR Pun e1A pe' 'Ysrffroml aiJdPhon� aw ft he effechve� ate o this I io wn Be ,AND APPROVAdS F p g 1,54JBDIVISIONS,AND{�, cal laW 7 dr t' j,r jhe Ton WAO-OLIATlONS�FOR 1 No rTown jpt alk authou ' rsolacceptforjfrhn sbfn -- EZONII�GS „. ?x er to 9 ,.Y rtpplr•�,discrehori # 3+, > rt caYron fora subdrvisron orsat tfie:a"p 4 Be it,.egac�ed by the Town>rezonmy r tC v} Nq -sion ofttl t Board:of the Town of Dahby 2 3}No hlmgi of:a7Ruralsp"`ect tosl as follows r g r, , rLond EDi Sion in tliei Office appeal,v 'Urpose'nfi9s�o� #Clerkhnor n°thzkOff ce of the m6drf call 4rU TfierTown Board of the�Tompkmss" CountyfiDepartj�pll +ate� Town ofTDdnby�by Res`olu ment of�Assessment shaljoc�ha�dshr Pon No-67 6f;Septem6er �iplrcant of 2b03vado tedr rthe{ t+3�TheF Towq�Plannmgrgnce3or M 2003,Town ofnby Cord Boardshall not t99bbrgnfkany pSsfegf wXth prehenstvePlan i Viand+os}idlll;fnot,pUV rovrdie +one rehensive 2 SeEhone272a of Town , 1p ' onyr the5protec +law 6F+fhe Sfaie of`N';W,r commendahon++�to a }he satey`n� York'il Town Comppreheo-^iONn sBoa�d wrthlres' tito�esi ent`sIo srve Plaha-p g6ph'�1 aI O retonmgrappl}cation ,rc St Upor requi�esthat' II'towri lands 4 rhe4Ton n Zo'nmg;Boar'ds`uefi a,vali use.regulations rnu"st"burn fofAppeals',shall not,'grantho`n;frdkcoa accordance with a compre dnya vanance aelated;to�a sfor'subihvi hensrve¢'plan�"add`ted ur subdivrsronrapplicahonvor a°°ueshn ;el suant to this's}cho n T px� rezarimg applrrahon� , 9&I la9d d 3 It3:ulnecessdryito+re t 5 rThef uode�EnforcemeN pIrc.hon�''46 JOURNAL view ti+e resent Zomn Or Officer shall no}tissue`an besubmrft' dmanfe;Pand 'Subdm`sion mmorgland;division permd"ocessed' fRegulahorist`t erisUre that b niidmgSrpermit for zbther(s `codes;; the,Town's 16nd use regulaMPermftrleffer thatayould �ggulahons!t trans are in accordance with`resu{t,,tn support�or initiate;Danliy�and the'f Compprehensrve Plan dsubdrvis(on Jill dtdr for�Etliaf+s` and with fhe�requirements off vision or rezoning, j�" i has ifihisrria ysTownLawSechon272a r Sechond5tr Exce (ions rbeenfend'cfI { 4#Th��review,isjdlso necyNohvrthsfondmg�ktheP'p`rovi�"+Secho'�,7t essary`kn,order tti protect the sions iof Section d�above fperaon SL '�healf t:snFaw,_,,.,.Jj.,elr.......1f1t3h�0nactment of rhr�•ahv t"9 a��.:' ��:� II)A�IT OF PUBLICATION !� ��]] � a�[i r tL^ r[ 1 tx^ 7xY' 1. LaCGL propnate ,zonmg�tequiradv�dedt thdt the developer�f local law m 'the off,ciol;I x7ments and'no extens,onof are m compliance'wrthf the newspaper:of ahe�Town; I an existing#or Ereahon of hdrtions olsa,d approval ywh,etieveras Iate� i �,!� .-. new h public road or pubhc Such�Subdrysions7sall con t S s# water or sewer facility s m hnueto be? ubtect toy the A copy of the aocal law t volveda t t a ulations reg .atdmances grid avad661e ,Town 2 Rezoning tRezomng s laws ui effect at the time of Clerk,s,office dtinng regular 'the enactment of a"change sa,d approval or issuanceA busmessrhours in the zomng+classihcahoo l Section 6 AppealsJ�x' ' ,�,: '.; of any lot parcel'tract or s Variance ;t ,_, Carol W Sczepanski'i ;area of land r' Any person µfirm,`orTcor o- "r �TTovJn Clerk clns County,SS.: ' s3 Rural Land D,uisron' rafion who maX be ay Dated s+ ' �2ural Land+Divop'ris a°ggrieved byy any prows,on of$ eptember 15,'2004 being duly sworn, deposes ands CConventional Subdivision of thr3 local lawshall have the Publish ' land$mto`two 12) or more right to appeal to the'Town September 17 2004' 't = lots m which alff lots contain`Board of they 'ow of i Ithaca, county and state aforesaid and that mare thori'frve)s)!aC[e5+ex,R6nby Theyaggneved partyj; gclud!ng land w,thm d.pu he{hqs thhe buiden of proven� of The Ithaca Krbad,ng6t`,of way) and all that rt has suffered!o s,gnitr' lots meet all other pgrhnenl cant hardship and that the zoning�requ,rements t and rggr6nhng of tkie variance wJI er printed and published in Ithaca aforesaid no extension of on ex!�t,ng be cdnsistentwith the Town t'qr creation'of a new p651,c oDanbyComprehens,ve4:! h the annexed is a true copy was published rodwofpubhcwafer,orsew Pa""n and that the van&rice erlutdih zsA.mvolved j t t xtu will noFbe a_detriment tatthe s 4"Subdi'visi0 n A iubdivr,health safety'..and welfare ofP. sion s that drvs,on"of any}the,r�s,de^ts'of the Town i parcel of'land into lwo rot 9a�tAnFapphcahon for';ap 1 Amore lots Y'parcels saes or,peal requesting rev,e of a other dms,ons of Ipnd for subdiwsion and din vmmed,dte or ufuturd user s,an or re ort,h apphcation';i . sale ortraasfer ,Thetferm" under the ij g''u�ations zo�di :subdiwsion" ,ndudes the nances and,lhws'currerit dt creationYof,and all changes that time shall be subm,tted rm highway and lot,hnes m wntmg seHmg forth n t"+ whethel orf:ndt new kiuJdmg A The redsons for the'ap s+ Lion of said notice was on the I 1 or development is'to occur;peall Th,s(p l�term` ,ricludesF }B'I`The specific h�ds'h�p b `iesubdms,on and when ap suffered'by theaapphcantrast �prophate�+'to ihe�lcontext is;result of implementation of shall relate either, to t the this local law' s,, ` +processroFaubdmdmg'optoC Thermanner m which a the land subtlrv!ded - {f variance fromrthe,prowsions before me this 1\' Ot5 Subd,Jsio9Regulahonsgof the locdfilaw w,Il not4i ` . v This refers.gto the "SuL�liv�t have+ta`detnmenthli-,mpact s,on Regulations of the Town om,the 6egl and U� of ppDartbyy"bbTNew};York"j welfare ofxthe residents off, DanbydPlgMmhgge Boa d onlaDBF"a r, is that the subdi� Decemberdnd,ap v!aion application ura� �" proved by, they Town of IanclHiy,s,ori+ or' rezoning Q cl�� Danby Town Board:on RDeapphcahon ;i{ pet#milted tort ,camber .1�1 {1991 aof£srproce re edi under mthe 'current; amended,by, me;:'.Town gulatons oPdances'ands NOtar\- Public �.DanfiyTownBoardons5ep laws�vouldbefimaccordg JEAN FORD tember 9t1996 ' i rancef with ;the sTown e of i6 Zoningt Ordinance This Danby Comptaehenst Plan Notary Public,State of New York f re ers to he Zoning Ord! r k2 The application must' nonce of� they Town, of confam'all mdtenals and irr; No.4654410 Danbi 'M Yark" adopt'dude�al,appircphonyand�re ed b the.Town Board on view ees cthat would$bsare NOTICE IS HEREBY GIV y � e Qualified in Tompkins County EN,that offasreg�ila��meett amended b lthe`� ownveloement souiphtrt!f the ate' Commission Expires Ma 31 20'Q� yin rheld on the10 - d. 'xNo r84.0hrouyh�Ju^eTl1 f hca,on were to'be.- tocr P Y of September,2004; Pic, as do gppeal to+the grown Boardrof the'Town of s t t 1 �7anby duly adopjedta Ipo'��Cal FSubdiv!s on RurhJantl--Br the.ab9 enro thtA mpo a!tor,' �W ehtltled '� rLOC'Al.r } W PROVIDIN� FOR A,visions and Rezoning"s For Lm;� r s z k `;;' l MORf�TORIUiv�QN RURAL e1g� {days(from the effec'c ns del said appl cation fo'r TIONSD OI RI AND>AAPPRQ.live da'a' f this flocbl;law appeal Qursudf to the pUALS,'OFafSUBDIt�ISIONS�31 rid drvris,ons�orl�ezoninggas cntenasb twhcrh the Board', JtEZONINCsS" +oo �ish�ldbn Phe Town�of:Danby and hea9s a plalahons for �LOCAL;LAW-N0�2'' r OF 20Qd21' teden Chas loci rlawy�?,Perm,t Town�56 of Danbr ZIvZ in;!jOhe+ s A.LOCAL Wv a C 1 ¢ -y 9 t#sr A i PROVIDING,FORMA Seewn 4 Im lementahond!nance,and Qown Law+- k'MORATORIUM ON ,°�esslh!b�e�mitt dDrip x mPthislo-�sa diaollhc`otbo-andvthe e DIVISIONS; '`, ;Palsl°w pfot9�enod:of onec@rpt ofand:feviewof anyF APPLICATIONS'F40R L;hundred e! h days from addit,N n ;i`nfo mationngythe k'ANDAPPROVALS OFt cal lawe¢t dal ,this lo- heTownaBoa�rdshall huaves i SUBji DIVISIONS,AND 1 nNo TTown APPIICAiIONS FOR w affact9l s6all�authoutgl,_ta its x fve `REZOIII�GSf'sg ng anyopplF'd,screhon tto Va or mode fit, n}�i fezortin� sux rdrjad the application o anytProvi it l} Be it a^acted by;the Town : r ston of the local law wilh,re t s as fodow�hexTlown ofrD nbyv la d!Di sibnlnnv the Office appeal�ponasPldetermino- ,aSechonX 1 fiiidmgs anAdxClerkhnortTn hpekOffice"of he'm d,f coition is necessary to`' t'�M1pThe Town Bo$�diof the�Tornpkma ,County De�arF allewote� !tie° s!gmficanl�� mentiofsAssessment sha oc horydshi roven b the a Town of Dan6y�byfResolo- curs f w tYphcant and that Such v fir" k22 20037`adoptedr�bhef t 3' The Town+gg Plpnning'tance ormod,f`cahOn s con 2 eaensrve Planp bppy Com'aPP�ovalsgfor atsubd ws on kprehens ve iRlanj and Cw,th.Y pit SeChon 272tiof Towri d shall not prowde any4 thq>aproteclion of tthe health x n,recommendahon to° ,the saffe i and welfarexof the+ YorkoJ"TowntaComfppreherrTownaBoardwith3respectto res,dentsYoft�heTownq�g`* sib a PIan2 Paragraph 1 la) °r4eThe Town Zon ognBoard suc�i a anance or modifico-i' p,requires=that r�Illl fd�nrand p fuseregulatons mustYbe m .a^\ApapealAcehQellateili$906a for`�subdrvsPoheapleltter re% Elie rdance wdh.a compre sub`drvis,dniapplicahong or a qu sting dassificahonlof a ive plan;adop d�Pu�rezoning app nation f ; rutal land division'ar an ap*rt ihi section t 3 5 Tfie{Ca a Enforcement pphcahon°for rezoning may!,It uhngcessary!to re Off,ce sf all not slue an ,besubmined hand shall;be3nce and�iS brdrvs�n minor land diwswn"permdu professed as(provided in7lationsz toenslire that;fbuddmg gpermd;ior� other tfiecodes or'dmances and':own s land uses regulo-zP s ft erm mosupportthor nrti to Danbyr a d�heh T wnLaware m accordance with ..Ct!p'Zhensi4e Plan 9 subdivtslon rural land d, for ahat3type Fof apphcdhondh the regmremen s of+F��sion�,or�i•ezomngs xi; .:.'" as rf{hi�morayonum hadFnota law Section 272a ° Section 5 , Excephons�been enacted �t tPix � ¢:Ths review isalso`nec 'NoN+dhslanding thempprovF'� Section 7 Penalties Any;�- sions of?Sectwn�4�above person subdmdmg ' orin order to'protect the r.= � ,+ i a�� x ..� +the enactment of,this lotaf rezonm roe im viola`:::_safetvaand rwelfares� �" �_..,,im, „,.,.t..,.� ..e�.,,r.n.,..�.prx..Pi�,i�.,�.,,.: the land subdi ide ?aons�v l odfh Ibefore me this uh fahrsic e lofrcoaml tlhaew p{rwow111s'ronnost,�; y Fhfs referssto theSuk�lfvFt haveUa'dgtrfinenfbls unpact i s,on Reguldf fonsiof.fhe Towns ori?thefiealth `safety ands `of Danby NewYork9 t welfare?of theMresidents off; adoppted11 y theTown��of�theTown rx fv I 'Danby Plgnnmgg Bo`prdon, D,tEwdence that the�subdi December 5, 1991 pndap`vision application r f�ura�; Qn f p'rovedrby the Town 4ofland�''ilmsion or rezoning t rrw Danby Town BoardjonDe a Ilcahon if a mltied.to.. s ., PP,n �"� �P f cemberg Lg uj19,91a ras proceed under the current', amended,by�r�he,Towns of,regularyonsr ori3marices;and lvOt�lr1' PUbl1C �DanbyTovin�BoardpntSepflaws wouldbes`mgcco�d` JEAN FORD femberf9'1996 t ce` is;ance y ith7 thej°Town•of f '6 rZonmgOrdmance ,This Ddnby Comprehenslva Plan Notary Public,State of New York 'refer"s toy°ihe "Zoning'!Ordi f 2 The oP 6cohon tinust^ i Dancer Hof the z Toym��of#contain all ma enals randun n No.4654410 st x z Danby, NewYo}k"¢sadopti elude all apphcphon�and''re i ed b the Town Board,on v,e"w 1.fees"that would be re i NOTICE IS HEREBY GIV y i t y Qualified in Tompkins County EN;th11ol of a re`ulaf meet December .11 �1991 and quired`for the�±p11 anc�utar da" yin heldon`the 3th da atamended b the +own veto ment�sou htklf'the a i Commission Expires May 31,20'�� f Ys''Board rh�duy tit P ", s f>. is o Sepptember,2004,the ' 9hQ June �11 phcahon werenito„be proc,X Town>Board of theiowri of 2Q01+ a t` essed as a�i a `eat to tfiex �Doriby duly adopfe ralk%;ol Sechon3 a Pr fiibito�oftiZonmg Bo rd of Appeals,n fj�� " n $ub�ivision"s Rurafand Or {fie obsener, ILAWPRtQVIDINGA�ORA'ivtisfosr,and=Rezoriugs MOR�TORIUM QN,RURAIz°t perwd;:oflgae rhundred}+3 The Tojvn Board shell LAND-DIVISIONS,AP,PLICA+elg�ty days from*the effee�considers'afd.apphcahon,for TIONS.FOR AND APPRO %e ne3r sub`dhwslon s rural cedpu els PUfsmeframeshe a d`iVAISrtOF SUBDI ISIONS 1, SAND APPLICATIONS FOR:rlp"d divisions or rezoning"st'cntena�by which the$bare{ "REZONINGS" 1W shallls e�be¢permf�FQdsdrre;fad of�Z'onmg Appeals receives; " LOCAL'*LAWAIIIII lxcedfLdshex�essl D nmF �ardianceras Polwdefdnn!the: 20.Qd t ; P y P Y P P. t 'A?LOCAL 4AW � tad m this local law , r Towrl ofz Danby Zoning Or tf Section 4i Im lementahon dmdnce and TownrLaw f y' it! 3 ,0 k ��' sMORATORIUIV!ON°r of Prohibrtt6n xceptas ez Ar,Following.;theireview,of4; pAc t I y� RURAL LAND'{ P l law Pfor a'ttpe iod df orie�ceip`t�of'Iandtlrevle wofeany 'err o DIVISIONS;t thAPPIICATIONS.FORS';hundred eighty`daysfrom'gddihonal mforrnaiiT the't AND'APPROVALS OF theaeffechve�dateYoffthisl� Town�Boardmay+,re _ 4 Kcal lav✓ s- c4 L a the Town Board shall ove SUBDIVISIONS,AND 1 "M a z APPLICATIONS.FOR 11 ',�p>vti offli°I shall"authocllia._legfslahve ' REZONINGS Y accept or 61ing any app lscreh hdon;imto�va or modfy rr s (reado catixon fog a su�bdivisionjbr a Jthe,gp hmhonony prove. y rezonin { �4 .4 slop 6 itth,s lo`c'alf law w,fh re �TBaoa dovf h�''�own�of Danbyr�and�D�ivfsioinirnrthe Off1 ellappeal uponasPldetermirio-, SecioritSlr�F16djlgs'°pdDClerknonnhzkgff,cesof h�Coune`m6diflcahon Is4necessae td` iPulThe'Town Boadtof theToinpkmsS County` DeparR`allev,atethe1ss,gmf aril'. brown oft D liy an ,bI f'Iu l'ment of Assessment,shallsoc-4 a'..,,_ �proven`by,the ap ;hoot+No 67�ofiSeptember��'r`fI'� ' � T Pllcgnt�yand�tfiaf such.var`,.. 122 W;2003'fadopfedr' the't'a'3 r��Tfje TownggyFlgrnmg once or modlfcahon fe Corn; 2008nsrve planD�nby COITF'apProvalsjfotnatsub`d vis on p ehensivetPlant and Cwi fit t qpd sh`dll�not rovide tan th r rotechon if the f,eghhy P 2NrSection 272a of Town recommend'a i3nl to s fhe"Tsa�eP and welfare of the York{o "TowneaComf r'eheo-rTown{Bopidrwlthgresp cf#to 5resintsrof`the Town sive PIll,gn4 PpFograp��l l(a1 °4Ct`Q Town Zoming Board"su h a variance o f modi�ico-s requires tflal 411 town land p cordanluse,re aelons w fh a u come�e any vareiglnce.,ye ated to a fo s`ubdry sPonte aPleltterrlre' e 1 v" subdiwsion apP,gt o,-1 a;queshng,dgssifLeahon�of a: shensfve pplanaadopted pur , ,� I t }, r., suont to this sechon"r* , )19 rezomn ap Icahon rurahlandrdlvfslonftaf on o"p 33 `It is necessa to re5 ;TheCode Enforcemenlfipp6cahonforreioning'lmay 2 ieIrthe psetZon gOrronfoe anddno `ermit ubeocesed eav" nrovided brc hdmance� and Subdrvsron buildm a e mIt or 4P other Phe codes ordinances pn8; Regulations fo'ensuremthaf M g P f r,< " lions a enin a«ordancegwith're e,,, .,In'rsupporfthoriiiihafe4Danbyland fiehT wo Law' t, a subdivision rural,ldnd di forx}hatxtype dfEapplie6tion' the 9 Comprehensive. Plan u , and with the re uirements of'jvision or rezoning 4_ this moratorium had:riot Town Caw%Seth on 272a , °sechon z5,4 Exceptiions ,�beerinenacted s 4 This review 1s'also neci` ons f,`ofySectnori�t4�aLio�elper op�n34subdlvadmg health`I afetyf taod welfahe'the a nacfinent of Nfiis l4�4.ocahrezontng propertypn violay to the throtectatheSTotw�e'sTenvi glow nhall�notaffec �1 lf.to'thhe enforcement rem; P a ronmental resources:and fo t'lbs l°n2 dnne,{phonsedges,xand &penalties{ set; `prevent tFieadevelopfrnenf�of tfie T wd Bpa9d offthQ TowntTown1 LaweCoffnfhe6St landwlichcouldlclrcum of Danbymonz'Its ownxmo- NewlYorkslnfhe event of vent rconAlct and/or be`In =consjstent;with°thetCompre°lion Fame �i{ '1r unlawfulusubdiv,s,onq rural: hensive'Plgn?, v'S r *,,3 R`rat LandI, ivisiowi and F diws<Ion}or rezoning 5"{tire continued,ssuan a Officese of the"iN om kms�ed''e ova table to,the Town:! oapprovgls of subdivisions >*�5 >-P sf County Clerk and the,the ro er put onhes of rise{ and rezoriings"and tfiefie as a 3 r5 a . , i_ eP, ifi&idn ofLrSraf Bind �ni�Tompkms�County Divisi6n of TowP�maytmshtute any>dpT. `signs undei$fhe eu rent legisp e da e�of hs lot I hnr aw or of oPto*`e om ri'oepeocee�- j, 41rev`ewedt Landes rnofdlfledwhat have gpphed for andsshain;correct ocPabaW.Such a a Pv f +race ved�a eRer:,from°tth` viol$tion"or,an construchotr whheafouBe�dettirnentals oCodenforcement 'Officeyorxoccupancyfin;w6lahon oft ry fhe'Igoals4`and ob echvesf fP!Ior to�{fhat effective date thisFlo`cal law= •' ��, ; 'theComprehensrve Pannppfe"9"uirernjents for�a�c Claw shall'b`erfn effect fora i 6��If wdl take at least pne'iRural;;lurid IDIVIsforr pnd�a{x period{of one hundred,' h ndfed e5ghty ddys�for the fat,ore filed;m thezOff,ces e,gtijy days from*Its effective` -Town to commence the p`roc of,`then Tom`kips Coun"rydate ra,dad` rhowe ZdnmgCO d Dior ce anld Sulr Glerkand he eyTompkins that{ penalfjcsechgn shall= division 2egulahoris fore acimept wiifhfn 62ndafys of{het fecC aher'sudh one,hundred. �hcordaneel with,the C6mpre effeehve date prof rhls�,local efgltys daye�period sfor the; ensrve Plpn to cdnslderg a law" x n urppose pf rosecuhn an r coft,eneons of such studylto, 4 Subdmslons opprovedIvf lotion'wph,ch ocu rred+ draft slew or r@vlsed leglslo-=bi th Townt'`pnar to tthetr,Munn' such one hundred' `be" necegdo,Jtorea fno 5rfecti date Fofthfs'1OCgROY-�efghyrday,perfgd r:a_y ate to a nduct the fepmsteb`"here*rreelfminary`��or'yfinal�-„+S�ecffon�9 F Appllcabfliy= }public hea ings op a`uc%leg be ntgg�ntedaorpwher_c I• Ia S9 loftys"g.,Towoyof? Islahon'before,ihe PlammAgsce tual a`royal from eitherr Danb" a '` Boardiand�the�Town Board xd ppp. , F,s Yam" to ado t{such le islahon kthe;Town B6grdsofNanrjmg Sechonrl0 Partial InvalidimS dnd to give the`9ppequued BoardFhas been grantdd or#ty ci�5;lfgany p ovlsI91 of this t.'PxSlech'pn�c2oft DefinihonsW6nrRermlthasb esdcourtjrofocodmpetenitIurlsdlc! Forpurposes;f.tthis local °e mWhissuancethash tlex}' ffecf n`nother1 'lowsh6ris; slaw r the ;.following- defirS,7sPdedl"ursuanfggtothe ovrlof fliissbcal law Ph,ch shall: Mons apply fo certain terms P .,, P r' k t P{ s w s ' 1 land Annezahoo#t LandSsions(of,the'Town'of Danbyfremalnrm full force and,ef- annexation I�Sjffle trarisfer�of�T wnivof DaAby,.Zonmg'Oe�.�",Sectiori�l'1 Effective Dafe title of land frSin Its°ownerlsdl a^nce forthe Town Law oE�This local law'dhafl'take to an abulttr� }owner ;fqr �l corgisohdahpporr with�dijxabI'I Ap"ecf atttheittimew fua do of dofdl he`localt Ilaw Pw tfTing, ouch trarisfeT thelrem$ender}.Pro`va!,4 V,s`suarlcetorire;he Secrsef ry of Stpfe4 off�fhea of th'e arcelffiom which the`cpsefofexcephoobased�onSta�e of�New York or fen transf,-v, made pieefs a "CeP�O gPProval "pro{days dher�pubIi tion°of this^ s a f� "s- t. STATE OF NEW YORK DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 1 223 1-000 1 GEORGE E. PATAKI September 24, 2004 BANDY A. DANIELS GOVERNOR SECRETARY OF STATE Town of Danby Town Clerk 1830 Danby Road Ithaca, NY 14850 RE: Town of Danby, Local Law 2, 2004, filed on 9/20/2004 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 LL:cb LC� WWW.DOS.STATE.NY.US • E-MAI L: INFO@DOS.STATE.NY.US RECYCLED Pw ER Secretary of the State of New York Department of State Bureau of State Records 41 State Street Albany, New York 12231 Re: Town of Danby Local Law No. 2 of 2004 Dear Sirs and Ladies: Enclosed for filing in your office is an original copy of the Town of Danby's Local Law No. 2 of the year 2004. The Local Law No. 2 is entitled "A Local Law Providing for a Moratorium on Rural Land divisions, Applications for and Approvals of Subdivisions, and Applications for Rezonings." Please forward the receipt for filing of the Local Law to: Carol Sczepanski Town Clerk, Town of Danby 1830 Danby Road �Aj Ithaca, New York 14850 Thank you for your attention to this matter. Very truly yo , (L/IN ' Carol W. Sczepanski Town Clerk Enclosures Certified copy of Local Law xc: Attorney Richard Stumbar ,'�TOMPKINS, _, Y r N OF DANBY - TOMPKINS COUNTY TOWN CLERK'S OFFICE 1830 Danby Road Ithaca, New York 14850 TO: Attorney Richard Stumbar FROM: Carol W. Sczepanski, Town Clerk DATE: September 16, 2004 Re: Local Law No. 2 of 2004 The enclosed packet contains the following: Affidavit of Publication Notice of Posting Resolution No. 48 of 2004 Copy of Notice sent to Ithaca Journal for publication on September 17, 2004 Three (3) certified copies of the Local Law for your signature and date. I have also enclosed an envelope for you to send a copy of the local law to the Secretary of State. If you need further information please don't hesitate to call. 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' >.s"�!&F 'O qy"I �.�� ,�..�yC,: �••' a a +� '{ Y j ,. ,, F'L i-.0 z r +S i yf Y y.i •,.r• .I <'� -+v .z 4 , v ,� ;s N - a �� _ � . e�\ ....... ... ............... :f rya a t `I [� 1 e e C.,+ t'•:.,s ts. 1 'r M .1y `F Y�ir'�ta.,+°t,,�. r~d d j rs �I s.. 4 �•Y� F5*a v t w s k F 1 G � `t<elLi r1. s } ; M ' Legal Le 9•�>,.:_.�R� .,��..�. �9 I _ Le�als �+ F egA s`� °, +��_ pr- r n5 fir �` ar a+ 44tg i Y.. tir s I d by �.r 7 '� _ t 'LEGAL,N ro� l`iomenrg equlrevd'ed that the rs loco} law in th�deelopeOCE nate e<'offlcial J ':NOTICE:OF r merits rand_Sno extenslWq� .arey m compliance tth the newspaper. of,dhe TownF f p FORMATION OF WCL x?an+existingg orrcreahontdf d�condfons of sold approval swhlchevef Is"toter HOLDING,'LLC3 a hnew{kpulil�c road or public Such subdlvlslonsts}iall . _ m rUnder,-•Sechon;206 ofi tlie�owed r sewer�"fac�Ity Is Ir q�riue�"to be�sublect'�to�lhe:�A copy of,tfje,local law Is s *New,York Limited llgblhtyregulahons ordinances;and available attt�ie Town a en Comp ngy' Law.anohce helena tm6nt ob a change rsa d�approval or lssuan e�!f business hours�U iti g*regular.,'` hereb, rven of,the forma. :ed lion of ,the above named iin the zoning classifica1i 6 S': lion 6 A eels/ + 4 x r w Limited Liabihty,Company o�dny�lgt7�parwcel tract or h };, Variance "T y f {a'of 1W;?SczepafiA I coin 1 Th'e name of,the Umrted °area of lan+r 7r MF°M rgnyF person firm or co�po-* 2s �smTown�Clerk��" =f Gablllty Company shall be 31, Rural'Land D1v+skin,�trahont who m'ay{bey ag r DdtetJ yfir�`�"s a #K� `,y r *ri rWEL .£Holdings',"LLC (the Rural 6Land Dnislgn,tis a.grieved by,any provalgn�f c' ti4.15;:2004 f lauo- "Company"I �3= Conventional Subdrvlsi�onofzt Cs Iocallow4shalr+havethe J -"' apple`12 3The�Company,s Arhdes 1and,mtol tw,�2)nor moreznght to a�peal tolthe Town eat,&cot Orgganaahoritwere bled-lots i�In which elf Iots,contampfBoardf o yYahea Town"of 12f }withrthe�Secretary` of State'm`oreythan,bve 151gocres fex yDankiyy�Thejpggreved, arty on August 3,2004 # "r i dudmg lagd within op'u llc�fi�as the,burdenof pro mg p 3"3 The princlpal offce ofrthe road nghF-of�wayl and'all+that host suffered a slmt� nge, Cmha AnNe � d� r ppll in TompymCouty } w requiremeyfs Yan ds.htp vandthat1Sthe t; udes IYor(c % t no extens on of ant exlsfm beconsls}et.wrth the�Tgwn�c 607 4�MeaSecretary't 6f'State Ids`or creahon(ofFa new pu6hc,of'irDanby Comprehensrve''q _`t deslgnatedsas.e, e�bgent`of�er,_-;%tp bllc water=o y ew{Pldn and that;tthe variance C. the Company uppon whom ty Involved t(,-,w1111notabe detriment torfhe apart process agamstahe Comper Sr4 #Subdivision cA subdlw health safety andAwelfaie of fl iyate nyy mdy be served'rThey£postslonalsthe'tdlvlswn of�a^yrtfe resldentstof the,Tkwit'y� lrnell,-'office,address to"whch�theuparcehofd,land mfo�two,,or tt� l rAn opplcdhon foj?arr si' Secretary ohStatetsh'dll maJ mo....rts.nparcefs +sites or peal requesting reviev✓offs a,�", ,a;copy'of any'ir processtto-h Ur. ivlsw^ Hof 1prid-.46 sulidivislon j rural Iand drvl qquiet °galnsAthe Company served tlmmedlate�l or future+ use ion,or rezomngg,apphc MOM � 495+ upon'siich Secrets"ry of Stat6V;a[e or transfer "The°term"'undere the regulahoni ordi•,W Is"1035 Elmira Road f;O subdivlFon; ,1 ludes she jna�nces$andaawsrcurrent at r Box 350 Newfield New"creatwn :f-'a— Lind,.all changes ythgtrtime,shallibeasubri'Ad rs."r York 14867t++` ,S ;"et X. highway,and lots=hoes +in nhrig seltingaAorth r Y+'` ato�o 'S The;purpose of°the c6i'_ hether or�notne" bmldmg„,A The reasohs for the ap lj P°ny shall be to'engage�la or,-.de�ve�lopment i�vo occur pea 38' any lawful act or'achwty for This term�`»r mdudesBt MThey specific hardship:I which limded bablhy comy;esubdiwslon and,whensap suffered by thesappll¢dn"t as ' R. sx panles'mayYbe formed un?Prop ate' toy the 'context dresultofalmplementahonof der:the NewcYoik Limited shall relate ertherrk to the this local lawuu r � � y Llabdity.Companyaaw.+ yProcess of{subdividing or to}(G=?Theiinariner In1whfh a rAugust 20 27 September th5 1Subdtysdion Rea`ul f ons of rithns elocal eat w IIs�not 3 l0 17 24 2004 5 g }~a ThlsIiefers 4ss -the j"Subd,vl-t have a�detrunenta} Impact F r'NOTICELIS+HEREBY GIV lion Regulv.aho s^of tfierTown on}the health safety yand'G! ��' ;` EN that a'Ilcensefor beer'oF xDariby�r"New}r York"FGwelfa're Ofthe residents of; „r and wine has been�apphedf°dopt d bytheS+Towns ofr the Towne,* r }.' for by Brian Mosher dba,Denby,Pfannmgg Board�on tD�EvldencethatftheFsobdl ti Na o11''Pi4zena to` 11 beer+-December 5 f 1991^and aprvisign9 Fapphcajon ��urah p ' r iovedtb theTown of lariif}division or��rei3nm end wine at recall In a , Y t } K t r u = 9, restaurant/Pizzeria %nMrrz-anby Town Board on De ppph ationurt r� �ermltted to' the�Alcohahc Beverage Corer"camber. ly199,1 sj proceed}, sderthe curreiif �a f trol Law at'W l:East State amended by the TTown;of regulate ns o'rdlnances;arid} n Street'Ithaca `NY•,14850 Denby(T-T' 1 oardSon Sep' Idws�fwould be In accorc F� �CountyobTompkins for on tember,9{1s996 °�s��,g�y'ance�dwrth�the �Towa�ok?t ' remise consum bon+ '' K a6`�,Zomn ,Ordinance ;Th1s Danby�Comp�ehensrverPlan,x P IX ,P L Fa ` refers`o )he "Zon(ngsOrdr i .2?1Mee`applcofionjmust S t 9/117/04t 9/24/04 g 4 �Donby.-New'W"k" adopt clud`e all lapel cat on and NOTICE IS#HEREBY GIV y ed}by�the Town Bourdon vie" fees}J WN66181be reYrl ENr that at a regulars meeh�rDecemb6Qj l l 199T(tr.6nd%qurredtfor�the pdrticulat de}i s 3amended j by the;,Town velopment sglrght If the ap 1^g held on the 13th day r z r+-+ of September;2004,ithezBogrdt t iroj h-lunerl 11 phcahon were to�6eAproc �GL Town Boardof the Townj'oft20Q� �xTy ,essed�asAare ap�eal torther� ! ?' Danby'duly adopted a'local'M Section 3 rT(rohibrtlony oft Zdm ngjB$ard ofYAppealsarm l .A sw�eh'I a,,xt 'L06AL bbdlvlsiohs sRu�al{Land bI 't er bserice of this r 'ridto I 5 vlstorfs do tFzonings For um}y k vk y 7 LAW PROVIDING FORA k MORATORIUMaON RURAIsa�perniodgo�ffone lundred� 3 }ThegTownBoardr71,all'f n LAND'DIVISIONS'.`APPLICA elg ty days ifegNI e�effec }gnsldegg^saldtapphcatign for 1 f �IOSSvOFORSUBDNISIOt 4S no`ewe ub°di`visionsl�ur`dk-4gei elsPJtimefr}rsuanr,mes,e andlf I land drvi4ions or rezonI s cntena'b which the Board:: pei ANDi3APPLICAT10NS fORf 1, g Y II REZONINGS� {t`I she}dbin fie Town{ofkDan6yrard�hea9sAa pl cohonslfo'it t fi LOCAL LAW NO 2 ' .� �OF 2004i esated3inifjlas to aress jlawY PmlTbwntof an nby'Zohldng Oe) A LOCAL LAW 4IMGFz' Section 4 -ImP"Plementationrduiance andiTown Ldv7 slit sx +k 'MORATORIUM ONE'z'of Pr`ohtbrt3on"Ex�apt as e 4 Fsollow}rig}the ref a of f c F a } pressly pe�mltted m}this Io-�sald�dp'p 11c'at`on and tfie}re RURAL LAND l a s zl �q a f' c r kcal law tone period+of o e,ceipt a ondtteview };} x L DIVISIONS p 'h"unfired eI h dayys+from addlhonof+information!,the �rANDLAPPROVASS LSOOF}the effechv date of thlsrlo-Towi oar g-mays} e+ uu rpI., SUBDIVISIONS- _'cal IawfJ� -� •,,; the=Tows n Bgardshdlla$e itl. i ��dial No�Tnwoff,ctalr shallz authott m Its le Isiah e�tF 4;` t xA R�LON NGSF s?�13Yaccept5fo f�i11 BxanY°PPII dlscremipon toyva Eor modl{yj Z' her f' uarezonmg"a subd a° L°�yshonaof tlhls local IawtwPh3 X� t?S - +Boardfofnthe Town of Danbn}4 2 No bling�of;a Rural spect�o�such applicatioq=forFir yl'as fgllows Y vy~ofndthe+ Tompkins eCoon a hon�thatUsuchl+varean a no:{ X4 Section 1 Findings and�Clerk nor m the Office of th'e modlficahon;Isinecessay o Pulp The Town�Board`of he Tomprklnsy CountyDepartallevlatef }fieslgnrf Cl an t j ' Town of'Denby ly,Resolu?merit of Assessmen�ttshalocthaidshlpproven ybyrthe?dp rice'; a22 20037 adopted mbhe ��The'3Town Planning win e;o'rrmodif cq.j,gR is corr`j 2003frTown of Danb Conry Board shdfl noNLI pntE{any lstenf with the Town s Cori+;, jdprehen;ive Plan c y kr t4appr�oyals fora su division ,prehensrvey Plan pond`with.!' Law4ofctthe�St�e ofp New`=aecotmmel4dahon tvto%ahesafe4�and}t"w',elfareetiofxthez! PIanST ParaCraph+l lslq °oeZ Boaroipp,i at ff,g� y�5 ;Upon-hfie granntm�of�� gg 9 PP gg requires that AIl'town lan�,•4xThe:Town -hind Boarrd`such a variance or modtfico-,• t r bfations4tAppealsrshallsnot grant'tlon'�a�com late a ppllcaflonEt a cq`l JonlppSe'w th aUscompre T any`variancepsrelated toy at for�'subdlvis on eo�let)erj rye`"s� lei suant to.thls sect onptedt pur rezo ingv pppllcahon ty'Xb to�altland d v slona�or ar��ap f'f 3= r 3It`Is{necessary to re+r "The_Code Enforrcemenl�pplicahon}foJQ�ezonimg:may. Office shall not Issue on beTsubmift and shall be.t Im dinanche PandntSubdmsioo'n tnln'or laid divlAonkpermit,pr cesse&k provided m 6uLlding r permit+qr z�'fotherathercodes o�dmaR s ,arid r 51- aed ndr�ldw at�401�East`State°mended fiby tw f�regulahons ordmaric 1`4850+'DanbyrFwn BoardfgnrSeplatwouldn% P o�unly:ofTompkms jfo on 'te bar 9 ,1996 f t f drance�lw,fh, theF rTownk;ioft? remise consumption r rr,r 6 Zonnig Ordinance Tins D'a`nb�Comprehenswe Plan St 4� sr a u ;refers""Fto,the "Zoning#Ordr�Y�'2�The�apphcahon)musi a 04fnasnce��oflkfhe sTown� oftfcontamallmgtenals andlm' New YYork"'adopt;clude`all a lotion and°re rf NOTICE IS HEREBYaGIV ne t drb f}ie Town IBgard;oJie fees Pfia t`would 6e iel T IEN that ot{asre ular meeE �ecey n mWill all � hf d: `uved for they aiticulor`,de 1991, an x'* mg;held onsthe¢'13fh day°mended {'b� tthetLTown vel�obmentsought`4If the aI Sepptember,2004 fheBogrd� through Juneri lil J hcaho were to be root 4 down Board;offtfie£ITown of'.00 '4 �Il wied'as anxgppeal't 'the r l Danby duly fidopted'`a localSecflon3 ['rohlb�tion;ofiZonm B�ard:oF r A eats m'I PP I f law entitled, "A l ubdvisions RurallLah8 D the absence of'thls moratorF s£ IPROVIDING,.FORf� vlssons ya ezoningsn}F'or. u � y }�t{ 'a ty rl + at ^MORATORIUM�ON'RURAMIAd eR1Oa �,o�ne huodred 3 TheaTown Board shall � )1, LANDIDIVISIONS�APPLICAtii'e1gt y days from thereffec 5 pnid Saldrgpphc°hon for ! + r fTIONS,FOR ANDAPPRO !edatoft this"Iocgl�Iawgppeal pursuant fo++the�pro-1i F �rVALS,1QFsaSUBDIYISIOt�S "o�newysuidlvlslons _ruralcedures� hmeframes and;l I! g'AND�APPLICATIONS§FOR N°^d�dl °�s or reioinggs ctlf`ena"by wfilchi the'Board F RE ZONINGS" Pt'� s r shallhbe peimltted orxesfab�16f'Zoning Appeals receves f ,IOCO 2 04Wi2, elzcepfaae,jpesaly�Pe�mR�vaance3`as Polvldetdnhtfie' A-LOCALsLAWvr, tedlin Is lgcahlaw' t Town of Danb',Zohm Or PROVIDINCa`FOR fAL�'v'Secflon i,QmplelnentahonY dlnonce and T wn Lam"y f' MORATORNMiON Ps of Prohibition,lExce fta srez 4Followln o-the ievlewiofro! Qgt s 9« 3RlIRAL LANDS rlpresslypetted mdf ist}losa3ldap'phc$f opt andtNie r`e � iazf�4 FDIVISIONS3sa ;°=1�Iaw rya penod of,onetceipt$ofandrevley�ofyan"y� u�l`�APPLICATIONS��FOR� �hundred�,eighNl dayys from addlryona�infor ahon �f a t, rlf�a.M AND APPROVALS Fpheseffechve date of this Io-rTownBoardmm 're'ulre�'Fti 9Fn 3, w.Py toy#sSUBDIVISIONS'.AND $cal law 4A6 ' +` 3 theown!Board shaluFave y APPLICATIONS1FOR I P�°TO�kn offlclalttshal) a thong a tsn IeglslatliW n ''�IREZONINGSa }I gcce fxfor Ilm on to h dlscrehon,ttovarortmodl(y ? a Ids v n g� YPP s , �� Ate` ucatlon forba ubdrvlsi nborya�tfre apphcahonto an rovF ev r Bepdienacoarted y°the Town rezomrig� T �� slo of thls,locaf'lawiywPh re ® las folowshe,Town of Daanl}yLa^dkaDiv Noiol�gn the Offlappeial upon IsPldeterm na < Sechori•1 FlndingsFarlGd>rCle k no'riln IiekOfflCe of fh'e modihcatwn Isinecessael to Purpose v r, x spa s I JY,sf,�Fjp, Id me , slgnrf�a by Resolfr*�-moj of,�Assessme`ntishallloc Fhardshp{apted�,he Fe 'TTown�PI nnn !Ianceo'r modlficatloo s corranby o°F#,4'. d ishpfl not grant'any Psterif;wlth tsridab rcommorkr`s'Tovatis Com�ehVq;""rBoardwlth respect{`{tour°esifents oth lans Para ri h.bl 1 atezomng application '.Y 'P �4 sr, a 45 r_UponAKthesgranhng oft'! e „l reqqui es that AIf lownslan ! 4 ThetTogri Zonmg�Board such a�auiance�Ymodiftco-fF Use re .gf Appeals shall,not grant hon a cam late a phcahon ! F any)vana`ncef related'to ya+for s�bdmslon'is platter bre f i'accordance with a compr r ,, F ! hensve,PPlanr`ado tad subdvlslon�apphcahon`oraFquesfjiig classihcahono�fr,d � le ssuant to tlils secho n ri lP, rezoning app icahon '?T iural-la`nd drwsloht or a a ! r ;s Dot $ rs '`The ode`Enforcemenl h�at�ion forrlr"ezorimgslma? 3 r 3 It IsJnecessa to�rei p for �vlewthe,present ZomngOr Office shalf>not,Iswe Agny be�submltted and shall(be'� Im Ainance, and Subdrvlslon imuior land�dfvlslon permltip`roce3sed as sprowdedr,Inri, �r se bwldm ermlt or; 7¢ egugippp to ensurethaf g�P sother�the cedes ordmfinces�and?c Sthe Townlslland use regulal e`s'Ittm)Tsuettort or Intlote DabbP"�and�th-Town Law�J a t''�on�s oresnloccordanc`e wIh Pp , , Y t e it her CompprehensrveikPlan� °subdwlslon rural land dI for that'`lypef+of,gpplleahon q$ndlwlth tiie�equvemenh of1%ISIon ot�ezomngf Etas�f this�moratonumrhad noft� ES yTon Law Section 272 a ,L y$echonl 5 �E xcefhephoavF been enactedI }k3 ( ` 4a Thls'revlew is also ' NotwlthstandlJ., fipro Section 7 Penglhes yAny;, essary m order to protect the' dons a of Section 4 above+Pero¢�tlsubdlvldmg s4 orrr health safely and w,'elfare' therenactment.oftthls locahrezoni`n'gxproperty m wolo-:. °of the residents of the Town+`law;shall not affect they fop(ion ofthls lawshall bersub�.?. I, 41owln ,' I �'t-. it lecWaithesen,wcementwremr" to!protect�the Town s env) r 4 P r ronmental>:resources'nd tol!'�°^drannexahons+ ! edlesand! jperialhes set, .revent the;dpvelopment of4:2; Rezonings mlhatedjby forth m'Section 268 oftlhe'4j Ibndw whlcficould s the Town Boardrof the TownaTow claw ofuthe Stgtesof x CIfCUm• } r R r dent�confllet+and/or 6e m�of�*Danby gong lfs�own rsmo-aNew+,York`I`11n tfie evenf+of g °conslsterihWth'the;Com ra tion'' ,a,�t\ t"� � yunlawful subdivision Rrural thensrve Plari is FAp €,3 f Rural�Lond Divisions land dtwslon rot rezomn a: }pr coot}nued IssuanCeOfficeseeofth the II Tom klns redlesaavallafble to the Town,' of approvals of subdrvlslonsk ,<_ .P 't P. , a 1 s hcahon ofgru al landedas. Tompkins County D vu 6h',6 ,TowO`inay lnshtlitell dons under the current'IeglsAsse§smentkbefore the effecaprophq�e action or proceed c hve"date of this local law or m to en om`wb revsnf re T` NM6 ,pnhl that,I�gltladified that�'haye+ap tied for}land Gtf- correct o pabate such'!Y' reviewed} and�T�modlfied cee4a� P , �i r r ` `� ' ,R + r�recervear etterl from the'�Vlolahon'`or any6eonstruchonrFt ere�found�aa�a necessa E r ary+mo be de(rlmeritalDto Ca e�Enforcemenf Office or occu qnc m'vlolahon ofCs� th'e)gggals,arid oblech`vex'ofPnorrlto thaA} ffeh�vedgfefhls local law i#a Comprehensve Planxwltfithe ere uiemerlQs f r a c I law,"sjo hall barn effect�for m' 64 It will take atrledsfrone 9 , Q pe l { tic r iTownrto olmhme d e fheorroc that aeaf�led D 'the Offn vision, p es�eighfy�daysofrom f;;effective Se 4Zon nf-0 nil nce anld9S b Clerk a d Phel r"Tompkjn rhatt thePp rialto srovided1ection shall=� y{divlsionKRegulahons?for at4 meet WitDIn162�.`dafs oKtlessess-'�"fec19,M't alftei. lr`$uhchfoneehundredrl ,}ordonce,wlth the Coropre yy "rrr' effective'date pf this Igcol eI h TiJoya"enodi for Ifhe `'Shensrve Plan fo conslde the-0law' S}¢� <t{ n pLr'oh ,of prosecutor an sl , conclusions of such study to al ? , lr :, „po,; 9 „Y es c. o tdraf4newYor`revised Ieglsla`by the ToWnISI ngr�to`tfie of durlln osuchh one occurred honIfIfistsod etermmed fo w p, r 9t. a . hundred b`ezriecessa rot a 'b o- fechve date of tthls locablaw �elgay day�penod ;�ate'fotconiluct`thle Ppui de,Lwherepprellminaryaor FIn"phi lSectionp9 'Ap hcablhty" PF bllelheaiings on4suc`le"gF,s edly anted'a Pwhere orr T le areas of+fthe`TOwpnofr ,klslahon before thepPlanhln g')" s$ c 4 !`Board and thefTown B ar�v ceptuo loppprovol from either �jfo'adopt uch�rleglslatio�nr BoS d hasg'been:oggr�antedl p S If ci-l. ovfsiolnvofatk sl and Ito give' the required wheel aNinbr, ndI Dvl= Iawils Found°mva)fd)b aan'{ ubllc notice of adopphori k y y p'�Sechon 2'' iDefimhonsF'slon:Permrt'has!been Issued oRit of coin etenxt��tinsdK, 1Fo purpo�es,ofrrhlsplocal and where s'kk1upproval q7 hon;such m'vandltylsh""all not' +law l,i +following Uflmy'p ri edit Iursuant=to4he isbbor ex' affect an'ya other rProwsloPII ns: s it 11nsLand An6-ahontBL'and Pons ofithe Town"fof Da by peroalrihnafull`fo cerandhefl annexation is'the�tra2ferxof Su vlslonyRegulations fhe4 Rfl,.;y )Ifletof landrfrom Its�owneµdl�ance��oratheTowo�awQf ThSsItocalllawEsffhall*akDeaef` to qri abutting owner for r f iconsolid6ho`n with an dbuFj the�stgte of NewyYork m�effectImmedlately�upon filing fineg Ibt rovlded theta m,fechat'theifijj koftsald ap• of,the local law with' then such trans�er ffhesremainderfiProval ozlssiiancetor m ffxe $ecretaryof Stateofl they of the'areal tom whlch!fhie�rCase of eitcephpnstbased7oro State Hof New York or"ten' trarisfepLls$mddea meets ap c4neepfua�approvalF.p days aher�publlcghpn'of tlirs >� pl q,- r ✓ ,�'t r �4 r, ,✓1�',{S`,'} ,.` (f �+ (try! ' e �M1 t `+ {F �..nx,'}7t9 z`Y4� �r + 1 j"I'1 a 71. �j) r't'i.t,fii`< r A i �r xm� zn�Ytt kvs Kv k+ �:r a . f wYr� z r w s t a, zs "�°f, y ,Vs'WUN�Jose ' &Waritz,; ` r � + + eph, ems,? '�{�,^ "x* =r O Intonk�tlttorr � � � , <r+ 274�9213 `° z %1pr ` ��'� ` b1.`kFj+4SSL1tt,$'U."&aa.'trrJ'tipv;7i^,c'S,�tf}`<f.N' '>�y�vt1. r ;Yrw .. '£ xc C.zY as M �^r t}� i'�k„ " :aSL`t ;sw•...'3 "`,„ ihllr�?ar_t".+ttFij{ i' YFE`. A ti°t ,Sjcct,} a AA r r � 3c7 a�y rr� yr "t 3 r-qj 3S,'kukF ;4t�•�'rF 'k4S*F'i stS'�� a5 � s K:1+ } T1eltlaCa °� � ; 4 � BruceEstes, s r, f rManagingtEditor r � i �x s, e Wit+ e rx; a0C ' tz'p tyaf $w' � tJ 3 "{-r M a s y Dav8,Bohrer z s i` Ass"RManaging Ed ttor xl 4 ; Fs A` ,A,Gii tt Newspaperai a r id b j z r ? sa t �Li ova, r�#j p �123�W State✓5t Y z� ,'aAdvertis}ng Director',` � � e,« 4s �n t Ithaca,=Ne ;York=14850f t �j S `v� �607�'2�2{2321 1y �t z�r3 Michael Ro � settl{ y , s' �rY `t�x� P ,f Production�Dir�ctor .y nr �,�,4�James,J#Foglerx�i•,��, ,� f'�u .., t {r�:�: ^Anthony X'Valenta ; ,. t Published dallyli ft'pt,Suntlay,by the z� Marketin Director s qy, j n Ithaca Journal NewsT " + ' Membet,df;the Associated Press and , Bureau ofCirculationsF °Jake Gervin #r F+' < r Y p a C{rculation Di�ector� ,� �,lCopyright'2004'ThelthacarJournal � F z r�r•� �t� �h�'� • x�t r i1I t�fsdt C+p,,r.�.� �i./1 fit?}+`l�'�hif �4 � b-. a It's 'w Y a t -,Az � 45 yr ry2P,r s CID,f,Ru � ;t { s nth a r ` t� 4 I W`�.f:G } Fa-g, I—nmj, w��.._ t F er{sl y�S: l * 1.1 ,�7 I £fit ! Dunng sthefimid 19th Century;Danby'mas a small a ,.mot t #&.1�hnvmgjagncultural,encla�e Town�records dat s r i ,RAo;4858knottdd4that 21:31, eop�ehved there��, Later;mdustnaltzatiori and`other econorruc'factors= '' u ,�x„��..r f compe11'e�many{(r�esidents to leave'Population ' r u'f •'h rF� Y �t<9 �� - rdwindled,andgdtdn�tPfbach its mid`19th Century r &. { brrk S w r �' 4 r}"'j ''�T'a- t level aganiunttl 198Q,whenthe Census Bureau ` �ticounted,,�2,449pyppeoplerhvuig�mtDanbytBy 2 050 4 rg r 4��there were, , �people'm Danbyand�m 2000;tthe r"T a If �+x kev x , ..yri-{, it �r �, r,r C&SU§)fBureau^placed theUown s.population count� #' �I ''tt �..✓�.i,zFe ' h4'�u-w' t�' 3Yya atf3,0074 eo le ti rri. r� tiri, t�� I 6 a x{ P Y Pr �. Aa 1, t �i , �Local�goyemmeoffic�als andgrealtors have s �t �att tbuted Dantiy�s recent populat do grow 0 r Fa s ' Eh nx t h t MY 3era1 factorsLand�sw�dely available;malorrcounty�' 4 �+ 8 a - ss1+ h4+ C Flier# ,M # s v rj itemployers,are a relarivelyf'quick commute rt has n, , ras tt . ."e f...4x�}rn 'ta1 .t "f.+t' Pdv r } t �. ¢ 5 {flr+tL .+�zonuig and mast�areasim"�theZtownYare wtthm�the,� z ' �Ithacat`Ct a SC11001D1Stnet i -Fctav+:S YtSII'ai'Y 'aIn�responseto growmg{{developmentpressure •+, �;. 6 ; s r`3f' ,p{ z Tr t� a�4 C otC$ x 4ai 9 ixvt Danbygtown officialslhavetheld;several discussions 'rt 4t a,p3f Aa V }f ,C�`rt"J5• i�t T ^`73"r} f} fand pubhcAheanngs about'a builduignoratonum01, }' T. o'k+On?Sept��l3,�the�,board'approved a-six month"mora v c+;67rfar :,5.a�+ f�-a r. toriumE�n#subdtvtstons,andrez mng�� µ4firx , s✓ � ,>r a •.a a tsZ'.'1Fi r T1NrlJt r'3 >nrr ,�s sn t x, The tows may�ortmaynof attauitanyj slgtcant 5 t4 KF t 1 7K^�zrup. u�tSA p e 9S+ r '. goals over six idtonum will have t5Y$^:i,R}+ �� +otherwunpacts There could oemugation from frtas�pg J .ax2 i'f:r"xtf" 1 t 1,�tratedrlando m ;anew op bf"I'al �oPPo nentsfrroply�ovvershoYz'csentt aaheavy 4 banded approachzto�smaltownrgernment,and �k $fi+stza xF +!.t r%Yt fl -�_Tapp laus¢from other town�resirlen ivho wantVyt?HMO y,tdevelopmentbsignificantlyrurtatle .or even,stopped y 4.; t`� '� � 4 y t+t,' ",�^ irrt' e`Ee aia'A'9»sffi t by c t `1 h actions of anb It �b d�an�the)var � ' .:sYalr «ruse"'�a"^ »^az 6c'yi� F"z t# j ,} � i ied.re� onsoi its!'residemtsaremoretthan a�smll�1 t©wnue;they crea e�a�vignetfef much broader=f dJ Er'F�Fu`.$'"`N f°+'k.f topic that faces�the larger Commumty Thin kms n.i 'c p'° Y 3 �'4`� �ti-I"r� County{is aaveritable 010110 prospenty�arn rig1R.its "f s 'f ? 't.!&*' +". 9Yi+a°f�' rri{ 'i'i"' neighbors�hipemplo ent typicaisatorin ar�the' } ,lowestaies'uitlie` tayte" People�movehere�forjobs�R # ;asrymucROOM c�al�charrn��rr �:��"�� (� a s � x r a r tBut what3unpacts will developr entXhave9 Willr}rt f change theenvironme�ittthat attracted people mtthe t� yfilst� lace7T � 3t� �1� V. t� + ar P � ucr, n &�# I�Wi11,YDanbyL'"oOr-Tompkins Coun for that ni t �Lterw�stillilie affordable;in�the'future��Irit2003�'tlie�£ _'` {>st� �timedian�selluig,pnce{for�a hometin Tbmplcuis��r��9t �3�� ,,County,was,$1r30,000;faccordmgtto the}Tompkuis+ ��x�,„ ...a...S�Csr'nimtdxA.ecaccmpntallenarfinent�4,ciearthPfnraFsttY k. :' r Danb Own § "' I' t ; Yr s officials have held severalscUSSl°j1S vi � >and public�heann`s�about , ° y g >moratonum' '� g a building la 'On3Se t�13 they CFw± ,r�.1t. '1Lag'�.e�7,..kb�++�3hNl'kc g^ #°?,pq � ,s:7 P� F� ,r. board appr"oved,a six monthmora �, �tonulri on sub �� ` �' 4• u f �� u�llS,and�rezorung The�to a s ;."ti , mayor'fmaydnot,,attain any sIgt?ificarit"�'1 xw. f Kt ,goals'iover six�monthsTbut3therrnoratonurn 011 h-.l npacts„ ��3 r °� `� �� ill'have There cougMa litigation fromfriis' sG ncA 4"^fir r r is°84 ds a 4 Ytrated landowners�ne r �` � x k. �' „ w cropfolitical nents4from x, ,PP ,Ex� ��u I1�OPettyOF'nersFwhogresent °'nuanded;'ap l ach to sm o o e ' a heavy , � g nvnent;and tapplause,fro ;other to 3 ekaQ*^ka 1 �b,� esIdents W110�Want�a ? rmre n r, deyelopmentSl #x o tiClantly curtalled�oreyei�sto e r` F�'lIe acllons s W r y a . PP d °*� y'sv boardtand�thegvar ji {Ied reacfilon of Its ill m Fit'f _�� e�more thanSaasmall'� �f a.t° ue,�they crea e a�vl et`feaoa-nuclibroader u` ` topchat�fas the lagert'cpmn unl aTom '�, ` COLIIl w 3 lY;V ffi � rT . ty,>s a tveritable island o rospenty t� s _� P t amongts nelghbors ,i �employmen[v�)icah is"at or nearx�uL� " n f m Ff¢4"z'riFa.4 9d," 1J"t$1 xkl'" ^*,: ,Y' sx+q;�• Fy,p 4 lowest rates-an-fhe`vtate SPe le move r� E Fgg P r h�re fogobs K r as much as the,local charm a its ^ ffd 1'"�4,f � C= ��'�s Ts�`�� Butwhat unpactsvilldevel°pmnt'lla e?° Vi11�rt r chaii e v,� "' 3 8 thM�nvir4onrnentatfiat a "" t r firstplace ��yy�` �44 tt �actiecl people mother fy t i Wil1O'dub 9' '! s : zr iw y� ,- Tompkins Cpuntyjfor�that mat { u� , F tern Mstillbe aff rd`able mthe"future "" Y' ' ' Q., � � �In 2a003,the { o'',`n r� anFselhng Ince fob allhomefulTorflpkms KCounty,was,$130 OOO�a ccordmg4ofthe Tompkins r�1 <'County Assessmentf epartment,,,Ay i before'It�3 s wasp$1E181S00'Ii 42001f;they median 1price was z '� , t,` '�"�F107;000'Today' the''medl�anvaluesof Tom }kIIIs �' "; Countyitornes isJthe{=11thhip 3,ghest,amonggthe 57 t l t countiesIh theState of e ' }`` s z �T w Y t -outside of New F'3 ` n .x8 v'S'7`'+ M. Xmdi d d , ` rBesldes§a laridfall'fo�r realtothere areaotherf' ` development related:changes,tl at�so a people,wel Y 2: come,whileotheis,firld3dlsconcerting Backpackers" ishunters�andcotliers5wh`o�appz`��ieciate the`out£ 9 c i NFj,R I��5 " -"�?. .+'k. Y—? sc�re*e>".YY} x,.x.-•t-.yc F xdoors are:seeing;theurrecreation#areasdrndeclup s ��r tO .ate' ; (i .�^ ,-. y Into bwlciIngrlotsBlg�boxde elopments are crop y °sprig=up in'ttlie C.ity4,Wof Itl aca 'and th`e Pyramld�Mall r,r hs�s�gruficantly expandedul xoverktlie�astUfew,yeas ;In;the Townofrsg °thereis clash of cultuesF 'x as suburban�oneteddevelo menu � �;T p rub elbowswlth x the traditional al valuesand lifer les of ion < � Fterm`townresldents n3;� F # g `#� yIVNM 7fDependmgEongwhoone talks t ;"sueh°changes mar LanIngDanbyyandtelsewherefareviewed,erther.�as - blessuigs;orcurses Many;aredITesldents'aie'askulg ' themsellvestquest onslsuch�as�Wliat density 'OfTop--.' _ ulatlon,aie you comfortatle'with21 How Ioncl , er g your want to wart�at asfiiaf- light?How many rno're �w j ilstores do you want to shop m{locall F3 • '` ' ,�tant is salesztazrevenue;to yoi r,�gov�errin�ent�� '`��f ; i7glevel,of xnumcipalRse ces,db you wants I'.much are4 ou n os . * ow S y willing to pay,fo theme Howaclose + doyouwart a4neighbor'sjlouse'to"be?t'r a?� 1 45. ;The moratonum issue mDanby andthe culture 9irm,.,r t° zr e l ' c1a hlln Lansing shH d,servebto�mohvate every y. mUmCI{alI.i F� p ty to re-examine,thelricom rehenslve'yplans and°zoning 13�IleS m aiiieffortftop'ariswer3some r' f1(,5 bre�. nt4 £s , &'s'�7k lY '3 4°�r I sr '^,rr`F f key,questions What do yot}mant youritown;°village 4 nor ctyAto4look hkem2010m 2020 or 2030� r hyoupottitl'g�a tralectoryforfuturesltiiirbsror'are ` you Am ammg"�a uralFtov Iif�r� � s Passing div�sIW moratonaspancl, -eaten sle al fi obstacles to development probably will'not create„ + vaf � r the Consensus thatzlsneede'd+ to answer suchyques, e`ri aak 1A'w: •u Om Development ieedstobe,managed,lriot �w „ : Y thwarted�F:��;��'�y �� +�u � r r� < ,�'�• FF� Y � � � ; leave; ; r -� 46'adersof� Gi ItFiaca' ' � �� •, et1Ct7Ud tqt 3reE w x ' a }: n et�Ntth the � m, edrtor PaP E A. v YheF rxfora yr FE r Inc .�, 3 t +ate u disWss� nt `hpwli 3 J ' 9.laum""can better serve '�the , x E+ taj �'rteciS ES � Al3infOrfrtBie�t[ Shl�� ta((ei�l CEyia +pMt�`u Sde Z r .c11Oz� � ,t 1 rr wv3� � s c r 9 �Inzt]e .8n5f TOWnd��` '1fS't11 tl ` " �`. *�.s' ., +zy S 11 t0�th�'c z u �2 IS? z r_<g,, F m? c€snact4pinionEditorJoeS�hwar t 2ja (913//04) TOWN OF DANBY LOCAL LAW LOCAL LAW NO. 2 OF 2004 A LOCAL LAW PROVIDING FOR A MORATORIUM ON RURAL LAND DIVISIONS, APPLICATIONS FOR AND APPROVALS OF SUBDIVISIONS, AND APPLICATIONS FOR REZONINGS Be it enacted by the Town Board of the Town of Danby as follows: Section 1. Findings and Purpose. l. The Town Board of the Town of Danby by Resolution No. 67 of September 22, 2003 adopted the 2003 Town of Danby Comprehensive Plan. 2. Section 272-a of Town Law of the State of New York, "Town Comprehensive Plan", Paragraph 11(a) requires that "All town land use regulations must be in accordance with a comprehensive plan adopted pursuant to this section". 3. It is necessary to review the present Zoning Ordinance and Subdivision Regulations toensure that the Town's land use regulations are in accordance with the Comprehensive Plan, and with the requirements of Town Law Section 272-a. 4. This review is also necessary in order to protect the health, safety, and welfare of the residents of the Town, to protect the Town's environmental resources, and to prevent the development of land which could circumvent, conflict, and/or be inconsistent with the Comprehensive Plan. 5. The continued issuance of approvals of subdivisions and rezonings and the classification of rural land divisions under the current legislation, until that legislation is reviewed and modified where found to be necessary, may be detrimental to the goals and objectives of the Comprehensive Plan. 6. It will take at least one hundred eighty days for the Town to commence the process of carefully studying the Zoning Ordinance and Subdivision Regulations for accordance with the Comprehensive Plan, to consider the conclusions of such study, to draft new or revised legislation if it is so determined to be necessary or appropriate, to conduct the requisite public hearings on such legislation before the Planning Board and the Town Board, to adopt such legislation, and to give the required public notice of adoption. Section 2. Definitions. For purposes of this local law, the following definitions apply to certain terms. 1. Land Annexation. Land annexation is the transfer of title of land from its owner to an 2 Local Law No 2. of 2004 Moratorium abutting owner, for consolidation with an abutting lot, provided that in such transfer, the remainder of the parcel from which the transfer is made meets appropriate zoning requirements; and no extension of an existing, or creation of a new, public road or public water or sewer facility is involved. 2. Rezoning. Rezoning is the enactment of a change in the zoning classification of any lot, parcel, tract, or area of land. 3. Rural Land Division. Rural Land Division is a Conventional Subdivision of land into two (2) or more lots, in which all lots contain more than five (5) acres (excluding land within a public road right of way); and all lots meet all other pertinent zoning requirements; and no extension of an existing, or creation of a new, public road or public water or sewer utility is involved. 4. Subdivision. A subdivision is the division of any parcel of land into two or more lots, parcels, sites or other divisions of land for immediate or future use, sale, or transfer. The term"subdivision" includes the creation of, and all changes in, highway and lot lines, whether or not new building or development is to occur. This term includes resubdivision and, when appropriate to the context, shall relate either to the process of subdividing or to the land subdivided. 5. Subdivision Regulations. This refers to the "Subdivision Regulations of the Town of Danby, New York", adopted by the Town of Danby Planning Board on December 5, 1991 and approved by the Town of Danby Town Board on December 11, 1991, as amended by the Town of Danby Town Board on September 9, 1996. 6. Zoning Ordinance. This refers to the "Zoning Ordinance of the Town of Danby, New York", adopted by the Town Board on December 11, 1991, and amended by the Town Board through June 11, 2001. Section 3. Prohibition of Subdivisions, Rural Land Divisions, and Rezonings. For a period of one hundred eighty days from the effective date of this local law, no new subdivisions, rural land divisions, or rezonings shall be permitted or established in the Town of Danby except as expressly permitted in this local law. Section 4. Implementation of Prohibition. Except as expressly permitted in this local law, for a period of one hundred eighty days from the effective date of this local law, 1. No Town official shall accept for filing any application for a subdivision or a rezoning. 2. No filing of a Rural Land Division in the Office of the Tompkins County Clerk nor in the Office of the Tompkins County Department of Assessment shall occur. 3 Local Law No 2. of 2004 Moratorium 3. The Town Planning Board shall not grant any approvals for a subdivision, and shall not provide any recommendation to the Town Board with respect to a rezoning application. 4. The Town Zoning Board of Appeals shall not grant any variance related to a subdivision application or a rezoning application. 5. The Code Enforcement Office shall not issue any minor land division permit, building permit or other permit or letter that would result in, support, or initiate a subdivision, rural land division or rezoning Section 5. Exceptions. Notwithstanding the provisions of Section 4 above, the enactment of this local law shall not affect the following: 1. Land annexations. 2. Rezonings initated by the Town Board of the Town of Danby, on its own motion. 3. Rural Land Divisions that are either filed in the Offices of the Tompkins County Clerk and the Tompkins County Division of Assessment before the effective date of this local law; or that have applied for and received a letter from the Code Enforcement Office prior to that effective date confirming conformance with the requirements for a Rural Land Division, and that are filed in the Offices of the Tompkins County Clerk and the Tompkins County Division of Assessment within 62 days of the effective date of this local law. 4. Subdivisions approved by the Town prior to the effective date of this local law, where preliminary or final subdivision approval has been granted_or where conceptual approval from either the Town Board or Planning Board has been granted or where a Minor Land Division Permit has been issued, and where such approval or permit issuance has not expired pursuant to the provisions of the Town of Danby Subdivision Regulations, the Town of Danby Zoning Ordinance, or the Town Law of the State of New York in effect at the time of said approval or issuance or in the case of exceptions based on conceptual approval, provided that the developers are in compliance with the conditions of said approval. Such subdivisions shall continue to be subject to the regulations, ordinances, and laws in effect at the time of said approval or issuance. Section 6. Appeals/Variance Any person, firm, or corporation who may be aggrieved by any provision of this local law shall have the right to appeal to the Town Board of the Town of Danby. The aggrieved 4 Local Law No 2. of 2004 Moratorium party has the burden of proving that it has suffered a significant hardship and that the granting of the variance will be consistent with the Town of Danby Comprehensive Plan and that the variance will not be a detriment to the health, safety and welfare of the residents of the Town. 1. An application for appeal requesting review of a subdivision, rural land division or rezoning application under the regulations, ordinances, and laws current at that time shall be submitted in writing setting forth: A. The reasons for the appeal. B. The specific hardship suffered by the applicant as a result of implementation of this local law. C. The manner in which a variance from the provisions of this local law will not have a detrimental impact on the health, safety, and welfare of the residents of the Town. D. Evidence that the subdivision application, rural land division, or rezoning application if permitted to proceed under the current regulations, ordinances, and laws would be in accordance with the Town of Danby Comprehensive Plan. 2. The application must contain all materials, and include all application and review fees, that would be required for the particular development sought if the application were to be processed as an appeal to the Zoning Board of Appeals in the absence of this moratorium. 3. The Town Board shall consider said application for appeal pursuant to the procedures, timeframes, and criteria by which the Board of Zoning Appeals receives and hears applications for variance, as provided in the Town of Danby Zoning Ordinance and Town Law. 4. Following the review of said application, and the receipt of and review of any additional information the Town Board may require, the Town Board shall have authority, in its legislative discretion, to vary or modify the application of any provision of this local law with respect to such application for appeal, upon its determination that such variance or modification is necessary to alleviate the significant hardship proven by the applicant, and that such variance or modification is consistent with the Town's Comprehensive Plan and with the protection of the health safety and welfare of the residents of the Town. 5. Upon the granting of such a variance or modification, a complete application for subdivision, a letter requesting classification of a rural land division, or an application for rezoning may be submitted and shall be processed as provided in the codes, ordinances, and regulations of the Town of Danby and the Town Law for that type of application as if this moratorium had not been enacted. 5 Local Law No 2. of 2004 Moratorium Section 7. Penalties. Any person subdividing or rezoning property in violation of this law shall be subject to the enforcement, remedies, and penalties set forth in Section 268 of the Town Law of the State of New York. In the event of unlawful subdivision, rural land division, or rezoning, in addition to any other remedies available to the Town, the proper authorities of the Town may institute any appropriate action or proceeding to enjoin, prevent, restrain, correct or abate such violation or any construction or occupancy in violation of this local law. Section 8. Term. This local law shall be in effect for a period of one hundred eighty days from its effective date, provided, however, that the penalty section shall remain in full force and effect after such one hundred eighty day period for the purpose of prosecuting any violation which occurred during such one hundred eighty day period. Section 9. Applicability. This local law shall apply to all areas of the Town of Danby. Section 10. Partial Invalidity. If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 11. Effective Date. This local law shall take effect immediately upon filing of the local law with the Secretary of State of the State of New York, or ten days after publication of this local law in the official newspaper of the Town, whichever is later. TOWN . OF . DANBY ID : 607-277-0559 SEP 15 '04 15 : 19 TRRNSM I T CONF I RMRT ION REPORT NO . 001 RECEIVER 607 273 2156 TRANSMITTER TOWhJ . OF . DANBY DATE SEP 15 ' 04 15 : 19 DURATION 04 '00 MODE STD PAGES 07 RESULT OK V ,n x4TOMPKINS W �.'` 'r5sr`COU NT YJ^.' ON- MA N ODANBYTOMPKIN SCONTY TOWN CLERK'S OFFICE . 1830-Danby-Road Ithaca, New York 14850 FAX TRANSMITTAL SHEET _yt .A DATE: FAXED TO: - k5 lzee a i/ / �J✓ ` / �C� - FAX NUMBER. FAXED FROM: --TOWN OF DANBY -- - NUMBER OF PAGES (Including Cover Page) COMMENTS: Phone: (607) 277-4788' Fax: (607) 277-0559 email: danbytowndk@aol.com AFFIDAVIT OF PUBLICATION TheIthaca JOLMNAL State of New York,Tompkins County,ss.: being duly sworn, deposes and Tr us C HEARING — NOTICE says that she/he resides in Ithaca, county and state aforesaid and that PLEASE TAKE NOTICE, that the Town Board of the s Town of Danby will hold.a he/he is Clerk of The Ithaca public hearing on Monday, June 14,'2004 at 7:00 p.in. Journal a public newspaper printed and published in Ithaca aforesaid at 1830 Danby Roca, i Tompkins County, Ithaca, and that a notice of which the annexed is a true copy was published New York l l w entitled: " - �ing,p local low entitled: "A LOCAL LAW PROVIDIPJG In said paper I FOR A MORATORIUM,ON. RURAL LAND DIVISIONS, Cn O O i( APPLICATIONS FOR'AND i APPROVALS OF SUBDIVI- SIONS, AND APPLICA- TIONS FOR REZONINGS.". !Copies of the Proposed Lo- cal Law may be obtained from the Town Clerk during regular working hours, and that the first publication of said notice Was on the S!� All persona will i heard ther in writing or n person.. , A meeting of the Town day of v p I Board will follow the public hearing. _ C By Order of the � Board iTown Carol W.Sczepanski, Subscribed and sworn to before me this av of . Town Clerk Dated: June 3,2004 June 5,2004 Notary Public JEAN FORD Notary Public, State of New York No.4654410 Qualified in Tompkins County Commission Expires May 31, 20 Q� r, TOMPKINS COUNTY T N OF DAN BY - TOMPKI NS COUNTY TOWN CLERK'S OFFICE 1830 Danby Road Ithaca, New York 14850 TO: Attorney Richard Stumbar FROM: Carol W. Sczepanski, Town Clerk DATE: September 16, 2004 Re: Local Law No. 2 of 2004 The enclosed packet contains the following: Affidavit of Publication Notice of Posting Resolution No. 48 of 2004 Copy of Notice sent to Ithaca Journal for publication on September 17, 2004 Three (3) certified copies of the Local Law for your signature and date. I have also enclosed an envelope for you to send a copy of the local law to the Secretary of State. If you need further information please don't hesitate to call. Carol S. 1 A Phone: (607) 277-4788 Fax: (607) 277-0559 email: danbytownclk@aol.com Page 1 of 1 Subj: Building Ban Date: 9/15/04 2:01:06 PM Eastern Daylight Time From: jim@jimh_o_vane_c.com To: rdietric@twcnv,.rrcom CC: mar ge..@baka com Ric I want to voice my disapproval of the 6 month building ban that the Town Board just passed. I know that the ban is aimed at land sub-divisions only but it has and will continue to have a negative effect on the sale any commercial property in the Town of Danby for years to come. The message sent to the outside world is: DON'T BUILD OR DO BUSINESS IN DANBY. I have already lost potential sales on my building at 1429 Danby Road because of the negative press that just the talk of a building ban has had. You and the rest of the town board have come across to the general public as a bunch of liberal zealots bent on destroying the big bad land owners who are raping and pillaging the land. Unfortunately there is no big bad wolf at the door and land owners like Marge and I are caught in the middle. It has made it nearly impossible to sell our commercial property for any where near what it is assessed for. This Town Board seems more interested in spewing it's negative agenda rather than promoting smart investment in the Town of Danby. Ben Nicholes would be happy to see you destroying the free enterprise system in Danby as he did with is de-facto building ban in Ithaca a decade earlier. I am ashamed and embarrassed to have you all as my representatives. Sincerely, Jim Hovanec 108 Olde Towne Road Ithaca, NY 14850 607-277-6933 Jim Hovanec Wednesday, September 15, 2004 America Online: Danbytownclk Danby Town Board September 13, 2004 1830 Danby Road Ithaca,NY 14850 Subject: Rezoning Moratorium We the undersigned are opposed to a moratorium on building, land divisions and rezoning applications.New development that is in compliance with current Public Health Laws, DEC and EPA guidelines should not threaten open space preservation significantly in the near term. It seems our current public health and zoning laws and town officials are more than adequate to assure this. With approximately 23% of Danby land already in state parks and forests and less than 5%developed, it seems unlikely that significant depreciation of open space will occur while the Comprehensive Plan Task Force evaluates acceptable options over the next several months. These decisions must be made using sound business considerations for the good of the whole town and not through emotion or protectionism of a few with personal agendas. We are further concerned that some of the options being considered by the Task Force may either result in higher taxes or be unfair to current landowners who have paid taxes for many years and would be limited as to what they can do with their property. Restrictions on land use more stringent than necessary to assure protection of the environment, public health and safety run the risk of being too restrictive. Adoption of these ideas into town law should be subject to a public referendum vote open to all taxpayers within the town. Respectfully, L. Patrick Caveney Judith A Caveney 77 Gunderman Rd. Ithaca,NY 14850 TOMPKINS 'COUNTY T N OF DAN BY - TOMPKI NS COUNTY TOWN CLERK'S OFFICE 1830 Danby Road Ithaca, New York 14850 AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE PROPOSED LOCAL LAW 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 September 4, 2004 a copy of notice of hearing, which is attached hereto and made a part hereof was posted on the Town bulletin boards. r _�a4ij Carol W. Scze ki, Town Clerk Town of Danby Phone: (607) 277-4788 Fax: (607) 277-0559 email: danbytownclk@aol.com . I (9/13/04) TOWN OF DANBY nci -� FINAL DRAFT - PROPOSED LOCAL LAW PROPOSED LOCAL LAW NO._OF 2004 A LOCAL LAW PROVIDING FOR A MORATORIUM ON RURAL LAND DIVISIONS. APPLICATIONS FOR AND APPROVALS OF SUBDIVISIONS, AND APPLICATIONS FOR REZONINGS Be it enacted by the Town Board of the Town of Danby as follows: Section 1. Findings and Purpose. 1. The Town Board of the Town of Danby by Resolution No. 67 of September 22, 2003 adopted the 2003 Town of Danby Comprehensive Plan. 2. Section 272-a of Town Law of the State of New York, "Town Comprehensive Plan", Paragraph I I(a) requires that "All town land use regulations must be in accordance with a comprehensive plan adopted pursuant to this section". 3. It is necessary to review the present Zoning Ordinance and Subdivision Regulations toensure that the Town's land use regulations are in accordance with the Comprehensive Plan, and with the requirements of Town Law Section 272-a. 4. This review is also necessary in order to protect the health, safety, and welfare of the residents of the Town, to protect the Town's environmental resources, and to prevent the development of land which could circumvent, conflict, and/or be inconsistent with the Comprehensive Plan. 5. The continued issuance of approvals of subdivisions and rezonings and the classification of rural land divisions under the current legislation, until that legislation is reviewed and modified where found to be necessary, may be detrimental to the goals and objectives of the Comprehensive Plan. 6. It will take at least one hundred eighty days for the Town to commence the process of carefully studying the Zoning Ordinance and Subdivision Regulations for accordance with the Comprehensive Plan, to consider the conclusions of such study, to draft new or revised legislation if it is so determined to be necessary or appropriate, to conduct the requisite public hearings on such legislation before the Planning Board and the Town Board, to adopt such legislation, and to give the required public notice of adoption. Section 2. Definitions. For purposes of this local law, the following definitions apply to certain terms. 1. Land Annexation. Land annexation is the transfer of title of land from its owner to an 2 Proposed Local Law Proposed Moratorium ` abutting owner, for consolidation with an abutting lot, provided that in such transfer, the remainder of the parcel from which the transfer is made meets appropriate zoning requirements; and no extension of an existing, or creation of a new, public road or public water or sewer facility is involved. 2. Rezoning. Rezoning is the enactment of a change in the zoning classification of any lot, parcel, tract, or area of land. 3. Rural Land Division. Rural Land Division is a Conventional Subdivision of land into two (2) or more lots, in which all lots contain more than five (5) acres (excluding land within a public road right of way); and all lots meet all other pertinent zoning requirements; and no extension of an existing, or creation of a new, public road or public water or sewer utility is involved. 4. Subdivision. A subdivision is the division of any parcel of land into two or more lots, parcels, sites or other divisions of land for immediate or future use, sale, or transfer. The term "subdivision" includes the creation of, and all changes in, highway and lot lines, whether or not new building or development is to occur. This term includes resubdivision and, when appropriate to the context, shall relate either to the process of subdividing or to the land subdivided. 5. Subdivision Regulations. This refers to the "Subdivision Regulations of the Town of Danby, New York", adopted by the Town of Danby Planning Board on December 5, 1991 and approved by the Town of Danby Town Board on December 11, 1991, as amended by the Town of Danby Town Board on September 9, 1996. 6. Zoning Ordinance. This refers to the "Zoning Ordinance of the Town of Danby, New York", adopted by the Town Board on December 11, 1991, and amended by the Town Board through June 11, 2001. Section 3. Prohibition of Subdivisions, Rural Land Divisions, and Rezonings. For a period of one hundred eighty days from the effective date of this local law, no new subdivisions, rural land divisions, or rezonings shall be permitted or established in the Town of Danby except as expressly permitted in this local law. Section 4. Implementation of Prohibition. Except as expressly permitted in this local law, for a period of one hundred eighty days from the effective date of this local law, 1. No Town official shall accept for filing any application for a subdivision or a rezoning. 2. No filing of a Rural Land Division in the Office of the Tompkins County Clerk nor in the Office of the Tompkins County Department of Assessment shall occur. 3 Proposed Local Law ProposedMoratorium 3. The Town Planning Board shall not grant any approvals for a subdivision, and shall not provide any recommendation to the Town Board with respect to a rezoning application. 4. The Town Zoning Board of Appeals shall not grant any variance related to a subdivision application or a rezoning application. 5. The Code Enforcement Office shall not issue any minor land division permit, building permit or other permit or letter that would result in, support, or initiate a subdivision, rural land division or rezoning Section 5. Exceptions. Notwithstanding the provisions of Section 4 above, the enactment of this local law shall not affect the following: 1. Land annexations. 2. Rezonings initated by the Town Board of the Town of Danby, on its own motion. 3. Rural Land Divisions that are either filed in the Offices of the Tompkins County Clerk and the Tompkins County Division of Assessment before the effective date of this local law; or that have applied for and received a letter from the Code Enforcement Office prior to that effective date confirming conformance with the requirements for a Rural Land Division, and that are filed in the Offices of the Tompkins County Clerk and the Tompkins County Division of Assessment within 62 days of the effective date of this local law. 4. Subdivisions approved by the Town prior to the effective date of this local law, where preliminary or final subdivision approval has been granted or where conceptual approval from either the Town Board or Planning Board has been granted or where a Minor Land Division Permit has been issued, and where such approval or permit issuance has not expired pursuant to the provisions of the Town of Danby Subdivision Regulations, the Town of Danby Zoning Ordinance, or the Town Law of the State of New York in effect at the time of said approval or issuance or in the case of exceptions based on conceptual approval, provided that the developers are in compliance with the conditions of said approval. Such subdivisions shall continue to be subject to the regulations, ordinances, and laws in effect at the time of said approval or issuance. Section 6. AppealsNariance Any person, firm, or corporation who may be aggrieved by any provision of this local law shall have the right to appeal to the Town Board of the Town of Danby. The aggrieved 4 Proposed Local Law ProposedMoratorium party has the burden of proving that it has suffered a significant hardship and that the granting of the variance will be consistent with the Town of Danby Comprehensive Plan and that the variance will not be a detriment to the health, safety and welfare of the residents of the Town. 1. An application for appeal requesting review of a subdivision, rural land division or rezoning application under the regulations, ordinances, and laws current at that time shall be submitted in writing setting forth: A. The reasons for the appeal. B. The specific hardship suffered by the applicant as a result of implementation of this local law. C. The manner in which a variance from the provisions of this local law will not have a detrimental impact on the health, safety, and welfare of the residents of the Town. D. Evidence that the subdivision application, rural land division, or rezoning application if permitted to proceed under the current regulations, ordinances, and laws would be in accordance with the Town of Danby Comprehensive Plan. 2. The application must contain all materials, and include all application and review fees, that would be required for the particular development sought if the application were to be processed as an appeal to the Zoning Board of Appeals in the absence of this moratorium. 3. The Town Board shall consider said application for appeal pursuant to the procedures, timeframes, and criteria by which the Board of Zoning Appeals receives and hears applications for variance, as provided in the Town of Danby Zoning Ordinance and Town Law. 4. Following the review of said application, and the receipt of and review of any additional information the Town Board may require, the Town Board shall have authority, in its legislative discretion, to vary or modify the application of any provision of this local law with respect to such application for appeal, upon its determination that such variance or modification is necessary to alleviate the significant hardship proven by the applicant, and that such variance or modification is consistent with the Town's Comprehensive Plan and with the protection of the health safety and welfare of the residents of the Town. 5. Upon the granting of such a variance or modification, a complete application for subdivision, a letter requesting classification of a rural land division, or an application for rezoning may be submitted and shall be processed as provided in the codes, ordinances, and regulations of the Town of Danby and the Town Law for that type of application as if this moratorium had not been enacted. 5 Proposed Local Law ProposedMoratorium Section 7. Penalties. Any person subdividing or rezoning property in violation of this law shall be subject to the enforcement, remedies, and penalties set forth in Section 268 of the Town Law of the State of New York. In the event of unlawful subdivision, rural land division, or rezoning, in addition to any other remedies available to the Town, the proper authorities of the Town may institute any appropriate action or proceeding to enjoin, prevent, restrain, correct or abate such violation or any construction or occupancy in violation of this local law. Section 8. Term. This local law shall be in effect for a period of one hundred eighty days from its effective date, provided, however, that the penalty section shall remain in full force and effect after such one hundred eighty day period for the purpose of prosecuting any violation which occurred during such one hundred eighty day period. Section 9. Applicability. This local law shall apply to all areas of the Town of Danby. Section 10. Partial Invalidity. If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 11. Effective Date. This local law shall take effect immediately upon filing of the local law with the Secretary of State of the State of New York, or ten days after publication of this local law in the official newspaper of the Town, whichever is later. NOTICE IS HEREBY GIVEN,that at a regular meeting held on the 13th day of September, 2004, the Town Board of the Town of Danby duly adopted a local law entitled: : "A LOCAL LAW PROVIDING FOR A MORATORIUM ON RURAL LAND DIVISIONS, APPLICATIONS FOR AND APPROVALS OF SUBDIVISIONS, AND APPLICATIONS FOR REZONINGS". LOCAL LAW NO. 2 OF 2004 A LOCAL LAW PROVIDING FOR A MORATORIUM ON RURAL LAND DIVISIONS APPLICATIONS FOR AND APPROVALS OF SUBDIVISIONS AND APPLICATIONS FOR REZONINGS Be it enacted by the Town Board of the Town of Danby as follows: Section 1. Findings and Purpose. 1. The Town Board of the Town of Danby by Resolution No. 67 of September 22, 2003 adopted the 2003 Town of Danby Comprehensive Plan. 2. Section 272-a of Town Law of the State of New York, "Town Comprehensive Plan",Paragraph 11(a)requires that"All town land use regulations must be in accordance with a comprehensive plan adopted pursuant to this section". 3. It is necessary to review the present Zoning Ordinance and Subdivision Regulations to ensure that the Town's land use regulations are in accordance with the Comprehensive Plan, and with the requirements of Town Law Section 272-a. 4. This review is also necessary in order to protect the health, safety, and welfare of the residents of the Town, to protect the Town's environmental resources, and to prevent the development of land which could circumvent, conflict, and/or be inconsistent with the Comprehensive Plan. 5. The continued issuance of approvals of subdivisions and rezonings and the classification of rural land divisions under the current legislation,until that legislation is reviewed and modified where found to be necessary, may be detrimental to the goals and objectives of the Comprehensive Plan. 6. It will take at least one hundred eighty days for the Town to commence the process of carefully studying the Zoning Ordinance and Subdivision Regulations for accordance with the Comprehensive Plan, to consider the conclusions of such study, to draft new or revised legislation if it is so determined to be necessary or appropriate, to conduct the requisite public hearings on such legislation before the Planning Board and the Town Board, to adopt such legislation, and to give the required public notice of adoption. Section 2. Definitions. For purposes of this local law, the following definitions apply to certain terms. 1. Land Annexation. Land annexation is the transfer of title of land from its owner to an 2 Local Law No 2. of 2004 Moratorium abutting owner, for consolidation with an abutting lot, provided that in such transfer, the remainder of the parcel from which the transfer is made meets appropriate zoning requirements; and no extension of an existing, or creation of a new,public road or public water or sewer facility is involved. 2. Rezoning. Rezoning is the enactment of a change in the zoning classification of any lot, parcel, tract, or area of land. 3. Rural Land Division. Rural Land Division is a Conventional Subdivision of land into two (2) or more lots, in which all lots contain more than five (5) acres (excluding land within a public road right of way); and all lots meet all other pertinent zoning requirements; and no extension of an existing, or creation of a new, public road or public water or sewer utility is involved. 4. Subdivision. A subdivision is the division of any parcel of land into two or more lots, parcels, sites or other divisions of land for immediate or future use, sale, or transfer. The term "subdivision" includes the creation of, and all changes in, highway and lot lines, whether or not new building or development is to occur. This term includes resubdivision and, when appropriate to the context, shall relate either to the process of subdividing or to the land subdivided. 5. Subdivision Regulations. This refers to the "Subdivision Regulations of the Town of Danby, New York", adopted by the Town of Danby Planning Board on December 5, 1991 and approved by the Town of Danby Town Board on December 11, 1991, as amended by the Town of Danby Town Board on September 9, 1996. 6. Zoning Ordinance. This refers to the "Zoning Ordinance of the Town of Danby, New York", adopted by the Town Board on December 11, 1991, and amended by the Town Board through June 11, 2001. Section 3. Prohibition of Subdivisions, Rural Land Divisions, and Rezonings. For a period of one hundred eighty days from the effective date of this local law, no new subdivisions, rural land divisions, or rezonings shall be permitted or established in the Town of Danby except as expressly permitted in this local law. Section 4. Implementation of Prohibition. Except as expressly permitted in this local law, for a period of one hundred eighty days from the effective date of this local law, 1. No Town official shall accept for filing any application for a subdivision or a rezoning. 2. No filing of a Rural Land Division in the Office of the Tompkins County Clerk nor in the Office of the Tompkins County Department of Assessment shall occur. 3 Local Law No 2. of 2004 Moratorium 3. The Town Planning Board shall not grant any approvals for a subdivision, and shall not provide any recommendation to the Town Board with respect to a rezoning application. 4. The Town Zoning Board of Appeals shall not grant any variance related to a subdivision application or a rezoning application. 5. The Code Enforcement Office shall not issue any minor land division permit, building permit or other permit or letter that would result in, support, or initiate a subdivision, rural land division or rezoning Section 5. Exceptions. Notwithstanding the provisions of Section 4 above, the enactment of this local law shall not affect the following: l. Land annexations. 2. Rezonings initated by the Town Board of the Town of Danby, on its own motion. 3. Rural Land Divisions that are either filed in the Offices of the Tompkins County Clerk and the Tompkins County Division of Assessment before the effective date of this local law; or that have applied for and received a letter from the Code Enforcement Office prior to that effective date confirming conformance with the requirements for a Rural Land Division, and that are filed in the Offices of the Tompkins County Clerk and the Tompkins County Division of Assessment within 62 days of the effective date of this local law. 4. Subdivisions approved by the Town prior to the effective date of this local law, where preliminary or final subdivision approval has been granted_or where conceptual approval from either the Town Board or Planning Board has been granted or where a Minor Land Division Permit has been issued, and where such approval or permit issuance has not expired pursuant to the provisions of the Town of Danby Subdivision Regulations, the Town of Danby Zoning Ordinance, or the Town Law of the State of New York in effect at the time of said approval or issuance or in the case of exceptions based on conceptual approval, provided that the developers are in compliance with the conditions of said approval. Such subdivisions shall continue to be subject to the regulations, ordinances, and laws in effect at the time of said approval or issuance. Section 6. Appeals/Variance Any person, firm, or corporation who may be aggrieved by any provision of this local law shall have the right to appeal to the Town Board of the Town of Danby. The aggrieved party has the burden of proving that it has suffered a significant hardship and that the granting of the variance will be consistent with the Town of Danby Comprehensive Plan and that the variance will not be a detriment to the health, safety and welfare of the residents of the Town. 1. An application for appeal requesting review of a subdivision, rural land division or 4 Local Law No 2. of 2004 Moratorium rezoning application under the regulations, ordinances, and laws current at that time shall be submitted in writing setting forth: A. The reasons for the appeal. B. The specific hardship suffered by the applicant as a result of implementation of this local law. C. The manner in which a variance from the provisions of this local law will not have a detrimental impact on the health, safety, and welfare of the residents of the Town. D. Evidence that the subdivision application, rural land division, or rezoning application if permitted to proceed under the current regulations, ordinances, and laws would be in accordance with the Town of Danby Comprehensive Plan. 2. The application must contain all materials, and include all application and review fees, that would be required for the particular development sought if the application were to be processed as an appeal to the Zoning Board of Appeals in the absence of this moratorium. 3. The Town Board shall consider said application for appeal pursuant to the procedures, timeframes, and criteria by which the Board of Zoning Appeals receives and hears applications for variance, as provided in the Town of Danby Zoning Ordinance and Town Law. 4. Following the review of said application, and the receipt of and review of any additional information the Town Board may require, the Town Board shall have authority, in its legislative discretion, to vary or modify the application of any provision of this local law with respect to such application for appeal, upon its determination that such variance or modification is necessary to alleviate the significant hardship proven by the applicant, and that such variance or modification is consistent with the Town's Comprehensive Plan and with the protection of the health safety and welfare of the residents of the Town. 5. Upon the granting of such a variance or modification, a complete application for subdivision, a letter requesting classification of a rural land division, or an application for rezoning may be submitted and shall be processed as provided in the codes, ordinances, and regulations of the Town of Danby and the Town Law for that type of application as if this moratorium had not been enacted. Section 7. Penalties. Any person subdividing or rezoning property in violation of this law shall be subject to the enforcement, remedies, and penalties set forth in Section 268 of the Town Law of the State of New York. In the event of unlawful subdivision, rural land division, or rezoning, in addition to any other remedies available to the Town, the proper authorities of the Town may institute any appropriate action or proceeding to enjoin, prevent, restrain, correct or abate such violation or any construction or occupancy in violation of this local law. Section 8. Term. This local law shall be in effect for a period of one hundred eighty days from its effective date, provided, however, that the penalty section shall remain in full force and effect 5 Local Law No 2. of 2004 Moratorium after such one hundred eighty day period for the purpose of prosecuting any violation which occurred during such one hundred eighty day period. Section 9. Applicability. This local law shall apply to all areas of the Town of Danby. Section 10. Partial Invalidity. If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 11. Effective Date. This local law shall take effect immediately upon filing of the local law with the Secretary of State of the State of New York, or ten days after publication of this local law in the official newspaper of the Town, whichever is later. A copy of the local law is available at the Town Clerk's office during regular business hours. Carol W. Sczepanski Town Clerk Dated: September 15, 2004 Publish: September 17, 2004 Affidavit of Publication Requested 11-2-pub.04 r � • �5 G � o ,I 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, September 13, 2004 at 7:00 p.m. at 1830 Danby Road, Tompkins County, Ithaca,New York to consider enacting a local law entitled: "A LOCAL LAW PROVIDING FOR A MORATORIUM ON RURAL LAND DIVISIONS, APPLICATIONS FOR AND APPROVALS OF SUBDIVISIONS, AND APPLICATIONS FOR REZONINGS.". 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: September 2, 2004 Publish: September 4,2004 Affidavit of Publication Requested. pi TOWN OF DANBY, PUBLIC HEARING — NOTICE C PLEASE TAKE NOTICE, that 6 the Town Board of the Town t, of Darby will hold a public hearing on Monday,Sep. tember 13, 2004 at 7:00 p.m.at 1830 Danby Road, Tompkins County, phn2-mort.04 Ithaca,New York to consid- er enacting a local law enti- tled: "A LOCAL LAW PRO- VIDING FOR A MORATORI-. UM ON RURAL LAND DIVI- ,IONS, APPLICATIONS `OR AND APPROVALS OF' 'JBDIVISIONS,AND APPU- _?`,TIONS FOR :`ZONINGS." Copies of .ie Proposed Local Law may ;e obtained from the Town :Ierk during regular work. ng hours. All persons will be heard ei. ner in writing or in person.. A meeting of the Town Ioord will follow the public searing. By Order of the Town Board Carol W.Sczepanski, Town Clerk )ated: September 2,2004 1 -iblish:September 4.2004 1 .,L r D r �J (9/13/04) TOWN OF DANBY FINAL DRAFT - PROPOSED LOCAL LAW PROPOSED LOCAL LAW NO. _OF 2004 A LOCAL LAW PROVIDING FOR A MORATORIUM ON RURAL LAND DIVISIONS. APPLICATIONS FOR AND APPROVALS OF SUBDIVISIONS AND APPLICATIONS FOR REZONINGS Be it enacted by the Town Board of the Town of Danby as follows: Section 1. Findings and Purpose. 1. The Town Board of the Town of Danby by Resolution No. 67 of September 22, 2003 adopted the 2003 Town of Danby Comprehensive Plan. 2. Section 272-a of Town Law of the State of New York, "Town Comprehensive Plan", Paragraph 11(a) requires that "All town land use regulations must be in accordance with a comprehensive plan adopted pursuant to this section". 3. It is necessary to review the present Zoning Ordinance and Subdivision Regulations toensure that the Town's land use regulations are in accordance with the Comprehensive Plan, and with the requirements of Town Law Section 272-a. 4. This review is also necessary in order to protect the health, safety, and welfare of the residents of the Town, to protect the Town's environmental resources, and to prevent the development of land which could circumvent, conflict, and/or be inconsistent with the Comprehensive Plan. 5. The continued issuance of approvals of subdivisions and rezonings and the classification of rural land divisions under the current legislation, until that legislation is reviewed and modified where found to be necessary, may be detrimental to the goals and objectives of the Comprehensive Plan. 6. It will take at least one hundred eighty days for the Town to commence the process of carefully studying the Zoning Ordinance and Subdivision Regulations for accordance with the Comprehensive Plan, to consider the conclusions of such study, to draft new or revised legislation if it is so determined to be necessary or appropriate, to conduct the requisite public hearings on such legislation before the Planning Board and the Town Board, to adopt such legislation, and to give the required public notice of adoption. Section 2. Definitions. For purposes of this local law, the following definitions apply to certain terms. 1. Land Annexation. Land annexation is the transfer of title of land from its owner to an r t 2 Proposed Local Law ProposedMoratorium abutting owner, for consolidation with an abutting lot, provided.that in such transfer, the remainder of the parcel from which the transfer is made meets appropriate zoning requirements; and no extension of an existing, or creation of a new, public road or public water or sewer facility is involved. 2. Rezoning. Rezoning is the enactment of a change in the zoning classification of any lot, parcel, tract, or area of land. 3. Rural Land Division. Rural Land Division is a Conventional Subdivision of land into two (2) or more lots, in which all lots contain more than five (5) acres (excluding land within a public road right of way); and all lots meet all other pertinent zoning requirements; and no extension of an existing, or creation of a new, public road or public water or sewer utility is involved. 4. Subdivision. A subdivision is the division of any parcel of land into.two or more lots, parcels, sites or other divisions of land for immediate or future use, sale, or transfer. The term "subdivision" includes the creation of, and all changes in, highway and lot lines, whether or not new building or development is to occur. This term includes resubdivision and, when appropriate to the context, shall relate either to the process of subdividing or to the land subdivided. 5. Subdivision Regulations. This refers to the "Subdivision Regulations of the Town of Danby, New York", adopted by the Town of Danby Planning Board on December 5, 1991 and approved by the Town of Danby Town Board on December 11, 1991, as amended by the Town of Danby Town Board on September 9, 1996. 6. Zoning Ordinance. This refers to the "Zoning Ordinance of the Town of Danby, New York", adopted by the Town Board on December 11, 1991, and amended by the Town Board through June 11, 2001. Section 3. Prohibition of Subdivisions, Rural Land Divisions, and Rezonings. For a period of one hundred eighty days from the effective date of this local law, no new subdivisions, rural land divisions, or rezonings shall be permitted or established in the Town of Danby except as expressly permitted in this local law. Section 4. Implementation of Prohibition. Except as expressly permitted in this local law, for a period of one hundred eighty days from the effective date of this local law, 1. No Town official shall accept for filing any application for a subdivision or a rezoning. 2. No filing of a Rural Land Division in the Office of the Tompkins County Clerk nor in the Office of the Tompkins County Department of Assessment shall occur. • 3 Proposed Local Law ProposedMoratorium 3. The Town Planning Board shall not grant any approvals for subdivision, and shall not provide any recommendation to the Town Board with respect to a rezoning application. 4. The Town Zoning Board of Appeals shall not grant any variance related to a subdivision application or a rezoning application. 5. The Code Enforcement Office shall not issue any minor land division permit, building permit or other permit or letter that would result in, support, or initiate a subdivision, rural land division or rezoning Section 5. Exceptions. Notwithstanding the provisions of Section 4 above, the enactment of this local law shall not affect the following: 1. Land annexations. 2. Rezonings initated by the Town Board of the Town of Danby, on its own motion. 3. Rural Land Divisions that are either filed in the Offices of the Tompkins County Clerk and the Tompkins County Division of Assessment before the effective date of this local law; or that have applied for and received a letter from the Code Enforcement Office prior to that effective date confirming conformance with the requirements for a Rural Land Division, and that are filed in the Offices of the Tompkins County Clerk and the Tompkins County Division of Assessment within 62 days of the effective date of this local law. 4. Subdivisions approved by the Town prior to the effective date of this local law,(where preliminary or final subdivision approval has been granted_or where conceptual approval from either the Town Board or Planning Board has been granted or where a Minor Land Division Permit has been issued, and where such approval or permit issuance has not expired pursuant to the provisions of the Town of Danby Subdivision Regulations, the Town of Danby Zoning Ordinance, or the Town Law of the State of New York in effect at the time of said approval or issuance or in the case of exceptions based on conceptual approval, provided that the developers are in compliance with the conditions of said approval. Such subdivisions shall continue to be subject to the regulations, ordinances, and laws in effect at the time of said approval or issuance. Section 6. Appeals/Variance Any person, firm, or corporation who may be aggrieved by any provision of this local law shall have the right to appeal to the Town Board of the Town of Danby. The aggrieved 4 Proposed Local Law • ProposedMoratorium party. has.the burden of proving that it has suffered a significant hardship and that the granting of the variance will be consistent with the Town of Danby Comprehensive Plan and that the variance will not be a detriment to the health, safety and welfare of the residents of the Town. 1. An application for appeal requesting review-of a subdivision, rural land division or. rezoning application under the regulations, ordinances, and laws current at that time shall be submitted in writing setting forth: A. .The reasons,for the appeal. B. The specific..hardship suffered by the applicant as a result of implementation of this local law. c C. The manner in which a variance from the provisions of this local law will not have a detrimental impact on the health, safety, and welfare of the residents of the Town. D. .Evidence that the subdivision application, rural land division,-or rezoning application if permitted to proceed underthe current regulations, ordinances, and laws would be.in accordance with the Town,of Danby Comprehensive Plan: 2. The application must contain all materials, and include all application and review fees, that would be required for the particular development sought if the application were to be processed as an appeal to the Zoning Board of Appeals in the absence of this moratorium. 3. The Town Board shall consider said application for appeal pursuant to the procedures, timeframes, and criteria by which the Board of Zoning Appeals receives and hears. applications for variance, as provided in the Town of Danby Zoning Ordinance and Town Law. 4. Following the review of said application, and the receipt of and review of any additional information the Town Board may require, the Town Board shall have authority, in its legislative discretion, to vary or modify the application of any provision of this local law with respect to such application for appeal, upon its determination that such variance or modification is necessary to alleviate the significant hardship proven by the applicant, and that such variance or modification is consistent with the Town's Comprehensive Plan and with the protection of the health safety and welfare of the residents of the Town. 5. Upon the granting of such a variance or modification, a complete application for subdivision, a letter requesting classification:of a rural land division, or an application for rezoning may be submitted and shall be processed as provided in the codes, ordinances, and regulations of the Town of Danby and the Town Law for that type of application as if this moratorium had not been enacted. • 4 Proposed Local Law ProposedMoratorium party has the burden of proving that it has suffered a significant hardship and that the granting of the variance will be consistent with the Town of Danby Comprehensive Plan and that the variance will not be a detriment to the health, safety and welfare of the residents of the Town. 1. An application for appeal requesting review of a subdivision, rural land division or rezoning application under the regulations, ordinances, and laws current at that time shall be submitted in writing setting forth: A. The reasons for the appeal. B. The specific hardship suffered by the applicant as a result of implementation of this local law. C. The manner in which a variance from the provisions of this local law will not have a detrimental impact on the health, safety, and welfare of the residents of the Town. D. Evidence that the subdivision application, rural land division, or rezoning application if permitted to proceed under the current regulations, ordinances, and laws would be in accordance with the Town of Danby Comprehensive Plan. 2. The application must contain all materials, and include all application and review fees, that would be required for the particular development sought if the application were to be processed as an appeal to the Zoning Board of Appeals in the absence of this moratorium. 3. The Town Board shall consider said application for appeal pursuant to the procedures, timeframes, and criteria by which the Board of Zoning Appeals receives and hears applications for variance, as provided in the Town of Danby Zoning Ordinance and Town Law. 4. Following the review of said application, and the receipt of and review of any additional information the Town Board may require, the Town Board shall have authority, in its legislative discretion, to vary or modify the application of any provision of this local law with respect to such application for appeal, upon its determination that such variance or modification is necessary to alleviate the significant hardship proven by the applicant, and that such variance or modification is consistent with the Town's Comprehensive Plan and with the protection of the health safety and welfare of the residents of the Town. 5. Upon the granting of such a variance or modification, a complete application for subdivision, a letter requesting classification of a rural land division, or an application for rezoning may be submitted and shall be processed as provided in the codes, ordinances, and regulations of the Town of Danby and the Town Law for that type of application as if this moratorium had not been enacted. r 5 Proposed Local Law • ProposedMoratorium Section 7. Penalties. Any person subdividing or rezoning property in violation of this law shall be subject to the enforcement, remedies, and penalties set forth in Section 268 of the Town Law of the State of New York. In the event of unlawful subdivision, rural land division, or rezoning, in addition to any other remedies available to the Town, the proper authorities of the Town may institute any appropriate action or proceeding to enjoin, prevent, restrain, correct or abate such violation or any construction or occupancy in violation of this local law. Section 8. Term. This local law shall be in effect for a period of one hundred eighty days from its effective date, provided, however, that the penalty section shall remain in full force and effect after such one hundred eighty day period for the purpose of prosecuting any violation which occurred during such one hundred eighty day period. Section 9. Applicability. This local law shall apply to all areas of the Town of Danby. Section 10. Partial Invalidity. If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 11. Effective Date. This local law shall take effect immediately upon filing of the local law with the Secretary of State of the State of New York, or ten days after publication of this local law in the official newspaper of the Town, whichever is later. I LO ° >O" to-cL a, r Eoa, o L L c. fs G E ECG EU. a �� c, o o G- w E.o GovGcu +C� aG, - c � � c oo a, a,.2Ec, Y 4 > o � c o S m U cc �; G Y oco cE � on c O " Ebn DDUro cz a, o � a,� 3 a � 4 bq. fl ca o� ta, c --o �� c, " �� a, � ccy z co ot � op > cE0 a, c a, •G on i 3p.p n.E �w . 75 gip ^ a � roO3 °T°�c3 � vQ > aid E. 'cam •c�'� 3�v=. � � 3 � � �, awia 14 3 � �s � G3 � � 3 „ 0 ® o � � bncIR Ebo� � 072 �..� r- -0M0 Ecu �_Yc � � oinbn 1 a, E ° Dao � c 3 O sE3 - Q)-o E p �0 3 �r��•=' bQcs" aiccd � o G O- o x C7b ai c c o-o t7 c•a ; - - " a,� G " ri-•a -oa, bn ° 0 oan° r- (uE � .� 0•-=, G E 7 y,C�=d O v, E o'� E' � p�/j " ❑ w � - uoa • c U E C Cr-C G >,., C tb� �� 4. O O �•t7'cC � a�.0� v fl.0'w Od 2 �5 -0 -1 . I - to E t-a o � ° aQZ GU a3 0 o E .. 3-= a =- ao c .yE N c °•E �� o "— a. aQ Z; > o > 70 ToEE � c' -_ �i.� E•a -a c cs � " on� .n ccp p G p 0•G 7 p0",0 G u W °spa ° Eo " � c3 � J o G on>w " NY oos, EY U� � Eo ° o � 3 " .,Y3 0,3 vy Ea3ip. 3o3� aY � aEi• � C,3cn yO op� .o a a a, $ bto 3 8 cal o-° o'er C) COL 4. ¢ 0�.. c c o bb4°one o E� o �� o � i� °' ,, �•0 -.o �, A E G Q) m ac Cl) pm. y 0 > oa>ib°a>jO0 > � °� Eo ��0 °mo o , cNc N �.: i Gm c 1 ,UOY 3 � ECM . bAYooc ' _ LO s, G G d 7 N d CL NO . aasU) LL, (L O Nr 00 .,33- �tEaaC),, o�o o LLIo ° Ca a .v do o ° -E v � o `a r E-c4�WU ctbb0 >� E E G m , ° aEOiO . -�, 3� cc 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, September 13, 2004 at 7:00 p.m. at 1830 Danby Road, Tompkins County, Ithaca, New York to consider enacting a local law entitled: "A LOCAL LAW PROVIDING FOR A MORATORIUM ON RURAL LAND DIVISIONS, APPLICATIONS FOR AND APPROVALS OF SUBDIVISIONS, AND APPLICATIONS FOR REZONINGS.". 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: September 2, 2004 Publish: September 4,2004 Affidavit of Publication Requested. TOWN OF DANBY, (� PUBLIC HEARING ; NOTICE C ' PLEASE TAKE NOTICE,that b.,l the Town Board of the Town t, of Danby will hold a public hearing on Monday,Se tember 13, 2004 at 7:00 p.m.at-1830 Danby phn2-mort.04 Road, , Ithaca, New York to consid J ter enacting a local law enti- jtled: "A LOCAL LAW PRO-1 IVIDING FOR A MORATORI- UM ON RURAL LAND DIVI SIONS, APPLICATIONS FOR AND APPROVALS OF1 iIJBDIVISIONS,.AND APPLI-1 XTIONS FOR ZEZONINGS." Copies of he Proposed local Law may' ie obtained'from the Town' :lerk during regular work- ng hours. ' All persons will be heard ei- her in writing or in person. A meeting of the Town Soard will�ollow the public tearing. By Order of"the Town Board JCarol,W.Sczepanski, Town Clerk fated: September 2,2004 I ublish:September 4.2004 i Page 1 of 1 Subj: RE: 9/4 - ITHACA -- Legal Notice -Town of Danby Date: 9/2/04 10:37:53 AM Eastern Daylight Time From: DROYKO@binghamt.gannett.com To: Danbytownclk@aol_.com, Good Morning Carol, you are all set to publish one day on September 4, 2004. Thank You, Denise -----Original Message----- From: Danbytownclk@aol.com [mailto:Danbytownclk@aol.com] Sent: Thursday, September 02, 2004 10:33 AM To: legals@pressconnects.com Subject: 9/4 - ITHACA -- Legal Notice -Town of Danby Denise: Here is a legal notice to be published for the Town of Danby. I hope I have all the correct information. Carol S. 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, September 13, 2004 at 7:00 p.m. at 1830 Danby Road, Tompkins County, Ithaca, New York to consider enacting a local law entitled: "A LOCAL LAW PROVIDING FOR A MORATORIUM ON RURAL LAND DIVISIONS, APPLICATIONS FOR AND APPROVALS OF SUBDIVISIONS, AND APPLICATIONS FOR REZONINGS." 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: September 2, 2004 Publish: September 4.2004 Affidavit of Publication Requested. Thursday, September 02, 2004 America Online: Danbytownclk TOWN OF DANBY FINAL DRAFT - PROPOSED LOCAL LAW PROPOSED LOCAL LAW NO. F 2004 A LOCAL LAW PROVIDING F A MORATORIUM ON RURAL LAND DIVISIONS, APPLICATIONS FOR AND APPROVALS OF SUBDIVISIONS, AND APPLICATIONS FOR REZONINGS Be it enacted by the Town Board of the Town of Danby as follows: Section 1. Findings and Purpose. 1. The Town Board of the Town of Danby by Resolution No. 67 of September 22, 2003 adopted the 2003 Town of Danby Comprehensive Plan. 2. Section 272-a of Town Law of the State of New York, "Town Comprehensive Plan", Paragraph 11(a) requires that "All town land use regulations must be in accordance with a comprehensive plan adopted pursuant to this section". 3. It is necessary to review the present Zoning Ordinance and Subdivision Regulations toensure that the Town's land use regulations are in accordance with the Comprehensive Plan, and with the requirements of Town Law Section 272-a. 4. This review is also necessary in order to protect the health, safety, and welfare of the residents of the Town, to protect the Town's environmental resources, and to prevent the development of land which could circumvent, conflict, and/or be inconsistent with the Comprehensive Plan. 5. The continued issuance of approvals of subdivisions and rezonings and the classification of rural land divisions under the current legislation, until that legislation is reviewed and modified where found to be necessary, may be detrimental to the goals and objectives of the Comprehensive Plan. 6. It will take at least one hundred eighty days for the Town to commence the process of carefully studying the Zoning Ordinance and Subdivision Regulations for accordance with the Comprehensive Plan, to consider the conclusions of such study, to draft new or revised legislation if it is so determined to be necessary or appropriate, to conduct the requisite public hearings on such legislation before the Planning Board and the Town Board, to adopt such legislation, and to give the required public notice of adoption. Section 2. Definitions. For purposes of this local law, the following definitions apply to certain terms. 1. Land Annexation. Land annexation is the transfer of title of land from its owner to an i t 2 Proposed Local Law ProposedMoratorium abutting owner, for consolidation with an abutting lot, provided that in such transfer, the remainder of the parcel from which the transfer is made meets appropriate zoning requirements; and no extension of an existing, or creation of a new, public road or public water or sewer facility is involved. 2. Rezoning. Rezoning is the enactment of a change in the zoning classification of any lot, parcel, tract, or area of land. 3. Rural Land Division. Rural Land Division is a Conventional Subdivision of land into two (2) or more lots, in which all lots contain more than five (5) acres (excluding land within a public road right of way); and all lots meet all other pertinent zoning requirements; and no extension of an existing, or creation of a new, public road or public water or sewer utility is involved. 4. Subdivision. A subdivision is the division of any parcel of land into two or more lots, parcels, sites or other divisions of land for immediate or future use, sale, or transfer. The term "subdivision" includes the creation of, and all changes in, highway and lot lines, whether or not new building or development is to occur. This term includes resubdivision and, when appropriate to the context, shall relate either to the process of subdividing or to the land subdivided. 5. Subdivision Regulations. This refers to the "Subdivision Regulations of the Town of Danby, New York", adopted by the Town of Danby Planning Board on December 5, 1991 and approved by the Town of Danby Town Board on December 11, 1991, as amended by the Town of Danby Town Board on September 9, 1996. 6. Zoning Ordinance. This refers to the "Zoning Ordinance of the Town of Danby, New York", adopted by the Town Board on December 11, 1991, and amended by the Town Board through June 11, 2001. Section 3. Prohibition of Subdivisions, Rural Land Divisions, and Rezonings. For a period of one hundred eighty days from the effective date of this local law, no new subdivisions, rural land divisions, or rezonings shall be permitted or established in the Town of Danby except as expressly permitted in this local law. Section 4. Implementation of Prohibition. Except as expressly permitted in this local law, for a period of one hundred eighty days from the effective date of this local law, 1. No Town official shall accept for filing any application for a subdivision or a rezoning. 2. No filing of a Rural Land Division in the Office of the Tompkins County Clerk nor in the Office of the Tompkins County Department of Assessment shall occur. 3 Proposed Local Law ProposedMoratorium 3. The Town Planning Board shall not grant any approvals for a subdivision, and shall not provide any recommendation to the Town Board with respect to a rezoning application. 4. The Town Zoning Board of Appeals shall not grant any variance related to a subdivision application or a rezoning application. 5. The Code Enforcement Office shall not issue any minor land division permit, building permit or other permit or letter that would result in, support, or initiate a subdivision, rural land division or rezoning Section 5. Exceptions. Notwithstanding the provisions of Section 4 above, the enactment of this local law shall not affect the following: 1. Land annexations. 2. Rezonings initated by the Town Board of the Town of Danby, on its own motion. 3. Rural Land Divisions that are either filed in the Offices of the Tompkins County Clerk and the Tompkins County Division of Assessment before the effective date of this local law; or that have applied for and received a letter from the Code Enforcement Office prior to that effective date confirming conformance with the requirements for a Rural Land Division, and that are filed in the Offices of the Tompkins County Clerk and the Tompkins County Division of Assessment within 62 days of the effective date of this local law. 4. Subdivisions approved by the Town prior to the effective date of this local law, where preliminary or final subdivision approval has been granted-or where conceptual approval from either the Town Board or Planning Board has been granted or where a Minor Land Division Permit has been issued, and where such approval or permit issuance has not expired pursuant to the provisions of the Town of Danby Subdivision Regulations, the Town of Danby Zoning Ordinance, or the Town Law of the State of New York in effect at the time of said approval or issuance or in the case of exceptions based on conceptual approval, provided that the developers are in compliance with the conditions of said approval. Such subdivisions shall continue to be subject to the regulations, ordinances, and laws in effect at the time of said approval or issuance. Section 6. Appeals/Variance Any person, firm, or corporation who may be aggrieved by any provision of this local law shall have the right to appeal to the Town Board of the Town of Danby. The aggrieved 4 Proposed Local Law ProposedMoratorium party has the burden of proving that it has suffered a significant hardship and that the granting of the variance will be consistent with the Town of Danby Comprehensive Plan and that the variance will not be a detriment to the health, safety and welfare of the residents of the Town. 1. An application for appeal requesting review of a subdivision, rural land division or rezoning application under the regulations, ordinances, and laws current at that time shall be submitted in writing setting forth: A. The reasons for the appeal. B. The specific hardship suffered by the applicant as a result of implementation of this local law. C. The manner in which a variance from the provisions of this local law will not have a detrimental impact on the health, safety, and welfare of the residents of the Town. D. Evidence that the subdivision application, rural land division, or rezoning application if permitted to proceed under the current regulations, ordinances, and laws would be in accordance with the Town of Danby Comprehensive Plan. 2. The application must contain all materials, and include all application and review fees, that would be required for the particular development sought if the application were to be processed as an appeal to the Zoning Board of Appeals in the absence of this moratorium. 3. The Town Board shall consider said application for appeal pursuant to the procedures, timeframes, and criteria by which the Board of Zoning Appeals receives and hears applications for variance, as provided in the Town of Danby Zoning Ordinance and Town Law. 4. Following the review of said application, and the receipt of and review of any additional information the Town Board may require, the Town Board shall have authority, in its legislative discretion, to vary or modify the application of any provision of this local law with respect to such application for appeal, upon its determination that such variance or modification is necessary to alleviate the significant hardship proven by the applicant, and that such variance or modification is consistent with the Town's Comprehensive Plan and with the protection of the health safety and welfare of the residents of the Town. 5. Upon the granting of such a variance or modification, a complete application for subdivision, a letter requesting classification of a rural land division, or an application for rezoning may be submitted and shall be processed as provided in the codes, ordinances, and regulations of the Town of Danby and the Town Law for that type of application as if this moratorium had not been enacted. 5 Proposed Local Law ProposedMoratorium Section 7. Penalties. Any person subdividing or rezoning property in violation of this law shall be subject to the enforcement, remedies, and penalties set forth in Section 268 of the Town Law of the State of New York. In the event of unlawful subdivision, rural land division, or rezoning, in addition to any other remedies available to the Town, the proper authorities of the Town may institute any appropriate action or proceeding to enjoin, prevent, restrain, correct or abate such violation or any construction or occupancy in violation of this local law. Section 8. Term. This local law shall be in effect for a period of one hundred eighty days from its effective date, provided, however, that the penalty section shall remain in full force and effect after such one hundred eighty day period for the purpose of prosecuting any violation which occurred during such one hundred eighty day period. Section 9. Applicability. This local law shall apply to all areas of the Town of Danby. Section 10. Partial Invalidity. If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 11. Effective Date. This local law shall take effect immediately upon filing of the local law with the Secretary of State of the State of New York, or ten days after publication of this local law in the official newspaper of the Town, whichever is later. 11U TOWN OF DANBY FINAL DRAFT - PROPOSED LOCAL LAW PROPOSED LOCAL LAW NO._OF 2004 A LOCAL LAW PROVIDING FOR A MORATORIUM ON RURAL LAND DIVISIONS, APPLICATIONS FOR AND APPROVALS OF SUBDIVISIONS, AND APPLICATIONS FOR REZONINGS Be it enacted by the Town Board of the Town of Danby as follows: Section 1. Findings and Purpose. 1. The Town Board of the Town of Danby by Resolution No. 67 of September 22, 2003 adopted the 2003 Town of Danby Comprehensive Plan. 2. Section 272-a of Town Law of the State of New York, "Town Comprehensive Plan", Paragraph 11(a) requires that "All town land use regulations must be in accordance with a comprehensive plan adopted pursuant to this section". 3. It is necessary to review the present Zoning Ordinance and Subdivision Regulations toensure that the Town's land use regulations are in accordance with the Comprehensive Plan, and with the requirements of Town Law Section 272-a. 4. This review is also necessary in order to protect the health, safety, and welfare of the residents of the Town, to protect the Town's environmental resources, and to prevent the development of land which could circumvent, conflict, and/or be inconsistent with the Comprehensive Plan. 5. The continued issuance of approvals of subdivisions and rezonings and the classification of rural land divisions under the current legislation, until that legislation is reviewed and modified where found to be necessary, may be detrimental to the goals and objectives of the Comprehensive Plan. 6. It will take at least one hundred eighty days for the Town to commence the process of carefully studying the Zoning Ordinance and Subdivision Regulations for accordance with the Comprehensive Plan, to consider the conclusions of such study, to draft new or revised legislation if it is so determined to be necessary or appropriate, to conduct the requisite public hearings on such legislation before the Planning Board and the Town Board, to adopt such legislation, and to give the required public notice of adoption. Section 2. Definitions. For purposes of this local law, the following definitions apply to certain terms. 1. Land Annexation. Land annexation is the transfer of title of land from its owner to an 2 Proposed Local Law ProposedMoratorium abutting owner, for consolidation with an abutting lot, provided that in such transfer, the remainder of the parcel from which the transfer is made meets appropriate zoning requirements; and no extension of an existing, or creation of a new, public road or public water or sewer facility is involved. 2. Rezoning. Rezoning is the enactment of a change in the zoning classification of any lot, parcel, tract, or area of land. 3. Rural Land Division. Rural Land Division is a Conventional Subdivision of land into two (2) or more lots, in which all lots contain more than five (5) acres (excluding land within a public road right of way); and all lots meet all other pertinent zoning requirements; and no extension of an existing, or creation of a new, public road or public water or sewer utility is involved. 4. Subdivision. A subdivision is the division of any parcel of land into two or more lots, parcels, sites or other divisions of land for immediate or future use, sale, or transfer. The term "subdivision" includes the creation of, and all changes in, highway and lot lines, whether or not new building or development is to occur. This term includes resubdivision and, when appropriate to the context, shall relate either to the process of subdividing or to the land subdivided. 5. Subdivision Regulations. This refers to the "Subdivision Regulations of the Town of Danby, New York", adopted by the Town of Danby Planning Board on December 5, 1991 and approved by the Town of Danby Town Board on December 11, 1991, as amended by the Town of Danby Town Board on September 9, 1996. 6. Zoning Ordinance. This refers to the "Zoning Ordinance of the Town of Danby, New York", adopted by the Town Board on December 11, 1991, and amended by the Town Board through June 11, 2001. Section 3. Prohibition of Subdivisions, Rural Land Divisions, and Rezonings. For a period of one hundred eighty days from the effective date of this local law, no new subdivisions, rural land divisions, or rezonings shall be permitted or established in the Town of Danby except as expressly permitted in this local law. Section 4. Implementation of Prohibition. Except as expressly permitted in this local law, for a period of one hundred eighty days from the effective date of this local law, 1. No Town official shall accept for filing any application for a subdivision or a rezoning. 2. No filing of a Rural Land Division in the Office of the Tompkins County Clerk nor in the Office of the Tompkins County Department of Assessment shall occur. 3 Proposed Local Law ProposedMoratorium 3. The Town Planning Board shall not grant any approvals for a subdivision, and shall not provide any recommendation to the Town Board with respect to a rezoning application. 4. The Town Zoning Board of Appeals shall not grant any variance related to a subdivision application or a rezoning application. 5. The Code Enforcement Office shall not issue any minor land division permit, building permit or other permit or letter that would result in, support, or initiate a subdivision, rural land division or rezoning Section 5. Exceptions. Notwithstanding the provisions of Section 4 above, the enactment of this local law shall not affect the following: 1. Land annexations. 2. Rezonings initated by the Town Board of the Town of Danby, on its own motion. 3. Rural Land Divisions that are either filed in the Offices of the Tompkins County Clerk and the Tompkins County Division of Assessment before the effective date of this local law; or that have applied for and received a letter from the Code Enforcement Office prior to that effective date confirming conformance with the requirements for a Rural Land Division, and that are filed in the Offices of the Tompkins County Clerk and the Tompkins County Division of Assessment within 62 days of the effective date of this local law. 4. Subdivisions approved by the Town prior to the effective date of this local law, where preliminary or final subdivision approval has been granted or where conceptual approval from either the Town Board or Planning Board has been granted or where a Minor Land Division Permit has been issued, and where such approval or permit issuance has not expired pursuant to the provisions of the Town of Danby Subdivision Regulations, the Town of Danby Zoning Ordinance, or the Town Law of the State of New York in effect at the time of said approval or issuance or in the case of exceptions based on conceptual approval provided that the developers are in compliance with the conditions of said approval Such subdivisions shall continue to be subject to the regulations, ordinances, and laws in effect at the time of said approval or issuance. Section 6. Appeals/Variance Any person, firm, or corporation who may be aggrieved by any provision of this local law shall have the right to appeal to the Town Board of the Town of Danby. The aggrieved 4 Proposed Local Law ProposedMoratorium party has the burden of proving that it has suffered a significant hardship and that the granting of the variance will be consistent with the Town of Danby Comprehensive Plan and that the variance will not be a detriment to the health, safety and welfare of the residents of the Town. 1. An application for appeal requesting review of a subdivision, rural land division or rezoning application under the regulations, ordinances, and laws current at that time shall be submitted in writing setting forth: A. The reasons for the appeal. B. The specific hardship suffered by the applicant as a result of implementation of this local law. C. The manner in which a variance from the provisions of this local law will not have a detrimental impact on the health, safety, and welfare of the residents of the Town. D. Evidence that the subdivision application, rural land division, or rezoning application if permitted to proceed under the current regulations, ordinances, and laws would be in accordance with the Town of Danby Comprehensive Plan. 2. The application must contain all materials, and include all application and review fees, that would be required for the particular development sought if the application were to be processed as an appeal to the Zoning Board of Appeals in the absence of this moratorium. 3. The Town Board shall consider said application for appeal pursuant to the procedures, timeframes, and criteria by which the Board of Zoning Appeals receives and hears applications for variance, as provided in the Town of Danby Zoning Ordinance and Town Law. 4. Following the review of said application, and the receipt of and review of any additional information the Town Board may require, the Town Board shall have authority, in its legislative discretion, to vary or modify the application of any provision of this local law with respect to such application for appeal, upon its determination that such variance or modification is necessary to alleviate the significant hardship proven by the applicant, and that such variance or modification is consistent with the Town's Comprehensive Plan and with the protection of the health safety and welfare of the residents of the Town. 5. Upon the granting of such a variance or modification, a complete application for subdivision, a letter requesting classification of a rural land division, or an application for rezoning may be submitted and shall be processed as provided in the codes, ordinances, and regulations of the Town of Danby and the Town Law for that type of application as if this moratorium had not been enacted. 5 Proposed Local Law ProposedMoratorium Section 7. Penalties. Any person subdividing or rezoning property in violation of this law shall be subject to the enforcement, remedies, and penalties set forth in Section 268 of the Town Law of the State of New York. In the event of unlawful subdivision, rural land division, or rezoning, in addition to any other remedies available to the Town, the proper authorities of the Town may institute any appropriate action or proceeding to enjoin, prevent, restrain, correct or abate such violation or any construction or occupancy in violation of this local law. Section 8. Term. This local law shall be in effect for a period of one hundred eighty days from its effective date, provided, however, that the penalty section shall remain in full force and effect after such one hundred eighty day period for the purpose of prosecuting any violation which occurred during such one hundred eighty day period. Section 9. Applicability. This local law shall apply to all areas of the Town of Danby. Section 10. Partial Invalidity. If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 11. Effective Date. This local law shall take effect immediately upon filing of the local law with the Secretary of State of the State of New York, or ten days after publication of this local law in the official newspaper of the Town, whichever is later. TOWN OF DANBY FINAL DRAFT - PROPOSED LOCAL LAW PROPOSED LOCAL LAW NO._OF 2004 A LOCAL LAW PROVIDING FOR A MORATORIUM ON RURAL LAND DIVISIONS. APPLICATIONS FOR AND APPROVALS OF SUBDIVISIONS, AND APPLICATIONS FOR REZONINGS - --- -- - -- Be it enacted by the Town Board of the Town of Danby as follows: Section 1. Findings and Purpose. 1. The Town Board of the Town of Danby by Resolution No. 67 of September 22, 2003 adopted the 2003 Town of Danby Comprehensive Plan. 2. Section 272-a of Town Law of the State of New York, "Town Comprehensive Plan", Paragraph I I(a) requires that "All town land use regulations must be in accordance with a comprehensive plan adopted pursuant to this section". 3. It is necessary to review the present Zoning Ordinance and Subdivision Regulations toensure that the Town's land use regulations are in accordance with the Comprehensive Plan, and with the requirements of Town Law-Section 272-a. 4. This review is also necessary in order to protect the health, safety, and welfare of the residents of the Town, to protect the Town's environmental resources, and to prevent the development of land which could circumvent, conflict, and/or be inconsistent with the Comprehensive Plan. 5. The continued issuance of approvals of subdivisions and rezonings and the classification of rural land divisions under the current legislation, until that legislation is reviewed and modified where found to be necessary, may be detrimental to the goals and objectives of the Comprehensive Plan. 6. It will take at least one hundred eighty days for the Town to commence the process of carefully studying the Zoning Ordinance and Subdivision Regulations for accordance with the Comprehensive Plan, to consider the conclusions of such study, to draft new or revised legislation if it is so determined to be necessary or appropriate, to conduct the requisite public hearings on such legislation before the Planning Board and the Town Board, to adopt such legislation, and to give the required public notice of adoption. Section 2. Definitions. For purposes of this local law, the following definitions apply to certain terms. 1. Land Annexation. Land annexation is the transfer of title of land from its owner to an 2 Proposed Local Law ProposedMoratorium abutting owner, for consolidation with an abutting lot, provided that in such transfer, the remainder of the parcel from which the transfer is made meets appropriate zoning requirements; and no extension of an existing, or creation of a new, public road or public water or sewer facility is involved. 2. Rezoning. Rezoning is the enactment of a change in the zoning classification of any lot, parcel, tract, or area of land. 3. Rural Land Division. Rural Land Division is a Conventional Subdivision of land into two (2) or more lots, in which all lots contain more than five (5) acres (excluding land within a public road right of way); and all lots meet all other pertinent zoning requirements; and no extension of an existing, or creation of a new, public road or public water or sewer utility is involved. 4. Subdivision. A subdivision is the division of any parcel of land into two or more lots, parcels, sites or other divisions of land for immediate or future use, sale, or transfer. The term "subdivision" includes the creation of, and all changes in, highway and lot lines, whether or not new building or development is to occur. This term,includes resubdivision and, when appropriate to the context, shall relate either to the process of subdividing or to the land subdivided. 5. Subdivision Regulations. This refers to the "Subdivision Regulations of the Town of Danby, New York", adopted by the Town of Danby Planning Board on December 5, 1991 and approved by the Town of Danby Town Board on December 11, 1991, as amended by the Town of Danby Town Board on September 9, 1996. 6. Zoning Ordinance. This refers to the "Zoning Ordinance of the Town of Danby, New York", adopted by the Town Board on December 11, 1991, and amended by the Town Board through June 11, 2001. Section 3. Prohibition of Subdivisions, Rural Land Divisions, and Rezonings. For a period of one hundred eighty days from the effective date of this local law, no new subdivisions, rural land divisions, or rezonings shall be permitted or established in the Town of Danby except as expressly permitted in this local law. Section 4. Implementation of Prohibition. Except as expressly permitted in this local law, for a period of one hundred eighty days from the effective date of this local law, 1. No Town official shall accept for filing any application for a subdivision or a rezoning. 2. No filing of a Rural Land Division in the Office of the Tompkins County Clerk nor in the Office of the Tompkins County Department of Assessment shall occur. 3 Proposed Local Law ProposedMoratorium 3. The Town Planning Board shall not grant any approvals for a subdivision, and shall not provide any recommendation to the Town Board with respect to a rezoning application. 4. The Town Zoning Board of Appeals shall not grant any variance related to a subdivision application or a rezoning application. 5. The Code Enforcement Office shall not issue any minor land division permit, building permit or other permit or letter that would result in, support, or initiate a subdivision, rural land division or _rezoning Section 5. Exceptions. Notwithstanding the provisions of Section 4 above, the enactment of this local law shall not affect the following: 1. Land annexations. 2. Rezonings initated by the Town Board of the Town of Danby, on its own motion. 3. Rural Land Divisions that are either filed in the Offices of the Tompkins County Clerk and the Tompkins County Division of Assessment before the effective date of this local law; or that have applied for and received a letter from the Code Enforcement Office prior to that effective date confirming conformance with the requirements for a Rural Land Division, and that are filed in the Offices of the Tompkins County Clerk and the Tompkins County Division of Assessment within 62 days of the effective date of this local law. 4. Subdivisions approved by the Town prior to the effective date of this local law, where preliminary or final subdivision approval has been granted or where a Minor Land Division Permit has been issued, and where such approval or permit issuance has not expired pursuant to the provisions of the Town of Danby Subdivision Regulations, the Town of Danby Zoning Ordinance, or the Town Law of the State of New York in effect at the time of said approval or issuance. Such subdivisions shall continue to be subject to the regulations, ordinances, and laws in effect at the time of said approval or issuance. Section 6. AppealsNariance Any person, firm, or corporation who may be aggrieved by any provision of this local law shall have the right to appeal to the Town Board of the Town of Danby. The aggrieved party has the burden of proving that it has suffered a significant hardship and that the granting of the variance will be consistent with the Town of Danby Comprehensive Plan and that the variance will not be a detriment to the health, safety and welfare of the 4 Proposed Local Law ProposedMoratorium residents of the Town. 1. An application for appeal requesting review of a subdivision, rural land division or rezoning application under the regulations, ordinances, and laws current at that time_____.__._______ shall be submitted in writing setting forth: A. The reasons for the appeal. B. The specific hardship suffered by the applicant as a result of implementation of this local law. C. The manner in which a variance from the provisions of this local law will not have a detrimental impact on the health, safety, and welfare of the residents of the Town. D. Evidence that the subdivision application, rural land division, or rezoning application if permitted to proceed under the current regulations, ordinances, and laws would be in accordance with the Town of Danby Comprehensive Plan. 2. The application must contain all materials, and include all application and review fees, that would be required for the particular development sought if the application were to be processed as an appeal to the Zoning Board of Appeals in the absence of this moratorium. 3. The Town Board shall consider said application for appeal pursuant to the procedures, timeframes, and criteria by which the Board of Zoning Appeals receives and hears applications for variance, as provided in the Town of Danby Zoning Ordinance and Town Law. 4. Following the review of said application, and the receipt of and review of any additional information the Town Board may require, the Town Board shall have authority, in its legislative discretion, to vary or modify the application of any provision of this local law with respect to such application for appeal, upon its determination that such variance or modification is necessary to alleviate the significant hardship proven by the applicant, and that such variance or modification is consistent with the Town's Comprehensive Plan and with the protection of the health safety and welfare of the residents of the Town. 5. Upon the granting of such a variance or modification, a complete application for subdivision, a letter requesting classification of a rural land division, or an application for rezoning may be submitted and shall be processed as provided in the codes, ordinances, and regulations of the Town of Danby and the Town Law for that type of application as if this moratorium had not been enacted. Section 7. Penalties. Any person subdividing or rezoning property in violation of this law shall be subject to the enforcement, remedies, and penalties set forth in Section 268 of the Town Law of the State of New York. In the event of unlawful subdivision, rural land 5 Proposed Local Law ProposedMoratorium division, or rezoning, in addition to any other remedies available to the Town, the proper authorities of the Town may institute any appropriate action or proceeding to enjoin, prevent, restrain, correct or abate such violation or any construction or occupancy in violation of this local law. ection 8. Term. This local law shall be in effect for a period of one hundred eighty days from its effective date, provided, however, that the penalty section shall remain in full force and effect after such one hundred eighty day period for the purpose of prosecuting any violation which occurred during such one hundred eighty day period. Section 9. Applicability._This local law shall apply to all areas of the Town of Danby. Section 10. Partial Invalidity. If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 11. Effective Date. This local law shall take effect immediately upon filing of the local law with the Secretary of State of the State of New York, or ten days after publication of this local law in the official newspaper of the Town, whichever is later. UA� Gq, i;;u.:�✓ C� .Pea, f- / Ors z �� .�� r,�s a , � z� �r� � ,� JV��)i �7 _� J ��/. �J �':i��/ 1 2 �ti w Af CD 7,3 20af a May 17,2004 Mr.Ric Dietrich 8 - L Supervisor Town of Danby,Tompkins County 1830 Danby Road Ithaca,New York 14850 RE: Fieldstone Circle Subdivision road conditions Dear Mr.Dietrich, - the I am writing to you on behalf of the resident s of the Fieldstone Circle Subdivision,comprisinon be g f Fieldstone Lane and Fieldstone Circle. We are requesting that or condition lfrom prior streets o summer of 2004. The streets are currently with asphalt during the construction,the harsh winter,and delayed maintenance. ted that there is not money in this matter, and he has indicated year which I have spoken with Bill Hall regarding on putting oil and stone down this Y halt would be the budget to pave the Subdivision. He is planning p the streets will cost approximately$10000. Mr. Hall mdi stone ted that and Circle feel having with approximately$27,000. The residents of Field airs have had to be made every would greatly enhance the quality of life wrthm the subdivision. We feel that paving , paved gr Y asphalt will lower the overall maintenance costs of the street, as rep ec lion of Fieldstone Lane and Fieldstone Circle where it has been paved year,other than the inters -. with asphalt. matter is resolved if the We would like to request that any work on the streets be halted until this .`- oil and stone are put down prior to a discussion of this matter, any costs saving would be lost. Please feel free to contact me to discuss the status of this request,and any factors that would _ prevent paving from taking place this summer. c rely, j�rC g .McA ' ter ,. President,Fieldstone Circle Homeowners Association 128 Field Stone Circle Ithaca,New York 14850 (607) 256-7231 cc: William Hall,Highway Superintendent Fieldstone Circle Subdivision Residents _ _ Danby //S/ residents spot-.on lard I)anby, -- proposal S �n (Continued from Page 1B) Other residents who supported farmer .Walter Sczepanski, 54 E. the moratorium worried about their I By MICHELE REAVES { Miller Road. individual water supply, taxes and Joumal Staff the possible los Large.landowners,especially farm loss of the town's rural ers voice concerns that the morato- character. DAN$Y• — About. 100 d "What o Danby residents packed into rium and resulting zoning laws would you have to understand is do our land affects the town hall on Mondayto prohibit what on them from selling their land, Y Y voice their ardent opinions on a which they depended on to pay for Your neighbors,". Jonathan retirements or colle e tuitions. Joseph of 926 Steam Mill Road. proposed''six-month develop g Mary Woodsen, 132 S. Danby ment moratorium. - Ray Van de Bogart,2410 Danby Road, su orted the moratorium— . The .crowd seemed-evenly Road,said the new zoning laws were pp split for or against.the idea.The evolving to say how changes could andworried that expensive housing plan would stall new develop- affect someone's view. developments would raise taxes in 1 ment projects both,large and "My family has provided a lot of the community. small in.the town'..Projects open space•to the Town of Danby," "Assessments will go Lip,".she j approved before the proposed the farmer said. said."Open land has a lot going for, law is enacted would be allowed But he pointed out that the town it including the fiscal bargain for the 'to continue.Developers would doesn't give tax breaks for those town." have to prove hardship to the views.He said the town should buy town board in order to proceed land to preserve it. Contact:nueaves@itimea gannett.coni with any subdivisions,rural land , divisions.cii'rezonings after the — I moratorium is put in place. i —-- "We don't.and I don't have 1 any clear, notion on where we're going," Supervisor Ric. Dietrich said at the beginning of the hearing. - The moratorium would be set in place while town officials j revise the zoning ordinances to I 11 coincide with the goals of the 2003 Comprehensive Plan. "I don't see how we could possibly work on zoning changes and take on all the applications,"Lauren Gilbert, a planning board member,said,. 1 ,of accepting new projects.. ' But other residents asked if another six months would help since,the comprehensive plan has been completed since September 2003 and .no � Changes have been,made thus . far to the zoning ordinances: "Is another six months going to do anything?"asked See DANBY, 2B. ROSENBAUM 21-9 Buttermilk Lane Ithaca, New York 14850 July 13, 2004 CO Mr. Ric Dietrich Town of Danby Town Board E- 1830 Danby Road Ithaca, New York 14850 (.9 Dear Mr. Dietrich: We are writing to you about the CMC development proposal, which has been under consideration by the Town Board. One of the development details we wish to address is the proposed path to the rear of the anticipated CMC development. The path begins at Comfort Road and ends at the stormwater management area nearest the power lines. We believe that the Town Board's well-intentioned idea of adding a walking path will result in unintended negative consequences. First, at one public meeting we heard from the Board that the stormwater management area at the south end of the proposed path would have a swale running through it, and be mowed a maximum of four times a year. Therefore, the only entrance to the path is on Comfort Road. Walkers would have to go east on the extension of Nelson Road, walk north on Danby Road, and west on Comfort Road to get to the path. This seems a dangerous route for walkers. Second, while walkers might not want to or easily be able to walk through the stormwater management area, riders of motor bikes, snowmobiles, and motorcycles might find it attractive. The Board has discussed widths of six feet, eight feet, and twenty feet. The latter begins to sound more like a road. The Board has mentioned that a gate could be installed at the Comfort Road end of this path with signage. Currently, motor bike riders use the NYSEG right-of-way, which is disallowed. At those times, sitting on our deck, we can barely hear conversation. What would stop them from using this proposed path? Third, walkers and riders who venture on this path and through the stormwater management areas eventually would come to an area of our property deeded forever wild. We are confident that the Board did not intend to encourage trespassers. However, this well may be an unintended consequence of the path idea. We urge the Town Board, as it deliberates the details of the CMC development, to ask the developers to remove the path from its plan. Sincerely yourss, Antonia M. and John R. Rosenbaum Page 1 of 1 Subj: Re: (no subject) Date: 6/17/04 1:55:50 PM Eastern Daylight Time From: Mimiwaltsz To: ioelpgagnon@hotmall,.com Joel: As you may or may not remember the Town Board passed a resolution about some of the procedures for submission to the Danby Area News. Guidelines for the Danby Area News can be found at the end of your copy of the Community Council Agreement. As your Town Clerk I can report Board actions to the public. I have included a resolution passed by the Town Board (Resolutions are binding)for your reference. DANBY AREA NEWS ARTICLES Councilperson Varona-Lacey reported that a committee for the Danby Area News met on Thursday, February 10, 2000 to discuss accuracy regarding how news was reported The committee concluded that the Supervisor of the Town Board and the Chairs of the Planning Board and Board of Zoning Appeals to be responsible for reporting business transacted at the pertinent board meetings. They also recommended that prior to publication that the information prepared by the supervisor and chairs be made available for other board members to review for accuracy. Also discussed how to best disseminate information to other news media. RESOLUTION NO. 34 OF 2000-Approved By Councilperson Varona-Lacey: Seconded by Councilperson Strichartz RESOLVED, that the Supervisor and Chairs of the Planning Board and the Board of Zoning Appeals be responsible for reporting to the Danby Area News as well as to other media, i.e. Ithaca Journal as well as radio and TV stations, business transacted at pertinent Board meetings, and be it further RESOLVED, that the information prepared for publication by the Town Supervisor and the Chairs of the Planning Board and the Board of Zoning Appeals be made available for other Board members to review for accuracy, and further RESOLVED, that submissions by the Town Clerk Town Highway Superintendent shall be transmitted as a courtesy copy transmitted to the Town Supervisor and reports and transmissions by other staff shall be subject to approval by the Town to the news subject to the approval by the Town Supervisor. A roll call vote on the resolution resulted as follows: Gagnon Nay Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Thursday, June 17, 2004 America Online: Mimiwaltsz VEO . �. June 8t' 2004 JUN G RE: Danby Task Force S, � ~ Hello, I am George Blanchard. Danby property tax payer. I apologize for not e' Ee to be here tonight in person, but work demands that I be elsewhere. Over the past several weeks, I have become more and more concerned with the direction and tone of this Task Force and the various town boards in general. ItappeaAhat a small group of individuals are intent on passing regulations to further their personal agendas. Let me remind everyone on these committees, that your job is to listen, communicate and enact policy that reflects the desires of the town residents. That said, I will share with you that I have had an increasing number of conversations with Danby residents that - - - -- are concerned with the focus and direction this town is headed. And that zoning enactment to slow growth is most definitely not in the town's best interest. So Mr. Gagnon, I take exception to your report to the Task Force that states "the weight of the commentary leans in the direction of a moratorium" . You just haven't been listening to all the commentary. At a time when the"federal and state government continue to push cost to the counties and town, it becomes most important that we do two things: Increase revenue streams and redu&�� cost. For the town of Danby, the only option is to increase revenues. This low growth plan supported by a moratorium would-have the following effects: :It will limit this towns ability to stem these rising costs .The result will be higher and higher taxes for those of us that live here because the tax base is not keeping up-with cost. It will lower land values . Residents will continue to pay higher and higher taxes to support stagnant property values and reducing individual net wealth. -Vb ail in effect create sprawl. Sub-divisions are the way to limit land use and lower the overall cost. Larger lots dive up the cost to develop, and the resultant cost to the buyer. :'There are many things we can and should do to improve our community—A Moratorium, even for a short term, is not one of them. Spend this time to realistically look at what kind of town Danby is. We are a community with roots in farming. But this is changing and will continue to change. If we do not want to bring in business, then our role is a bedroom community of Ithaca. Personally I think this is a good thing. It will allow us to be family vs business centric. It would allow us to be focused on community vs job generation. It would improve land values providing revenues that would allow us to _ improve our living standard, instead of the steady decline we have experienced over the past couple of decades. I am not one to just say "no" to something and not offer alternatives. And so that I fully -- communicate what I expect from the town, let me give you a few ideas on what I would and would not, like you to be focused on -j] Do's I have seen notes the give lip service to getting resident input, Then lets starting having these meetings on Sat or Sun when resident can be here and provide that input you seek -Focus in fostering pride in.ownership. The number of structure in serious need of repaire and in many cases,just need to be cleaned up is disproportionate. —Lets spend some of our efforts in cleaning up Dandy. Where to start, 96 is our major through fare. This is what other communities see and also plays a role in how we see ourselves. Does anyone here feel good about what they currently see? - Approve the sub-division at 96 and Comfort roads. It provides maximum use of land and will generate revenues so that we can maintain our existing infrastructure. Don'ts - Don't harass new residents about the color of there roof. I was embarrassed by this exchange. And find the result very sad. This was not our best day. - Don't go to a 5 acre minimum. This increases sprawl and land use. Don't limit land use at the expense of the owner. Homes and land are considered investments by there owners. This must always be considered. Don't allow individual agenda's rule the town. Resident voices must carry the day. Don't look for more ways to limit things. Look for-ways to manage and improve the inevitable... One last thought, for those of you who are concerned about land use, go to the DEC. Ask them for an analysis on how much land has been reclaimed to wetlands and forest over the past 2 decades due to the decline in farming. Compare this to the land use for new home development in Danby. The net is that we using less land. The notion that Danby needs a moratorium will be dispelled by any reasonable person. Let's get focused on items that will bolster"pride of ownership" and bring a "heightened sense of community" back to Danby. Thanks you for your time. George Blanchard s F s This letter is signed by Danby residents who oppose the direction - = that the Town of Danby is leaning toward . - Name and Address : a W. a7,,e� i sa Ak ol IV VIIP br, 5&ZA ;✓ a 3-7 .�. Cat—T N goal J�Z Y. d 4 This letter is signed by Danby residents who oppose the direction that` the Town of Danby is leaning toward.- . . Name--- and Address: 105, HE Oil OR •_� L !.1�.� � _.. .I i�/i � Jul �� /�.�_' � . . i 1 v � I. This letter is signed by Danby residents who oppose the direction ` that the Town of Danby is leaning toward. Name` a Yd Address : c . N y. J y 8 so kf ev 00, WIZI e.6 _ so E so A pro �7�� Cb R�eii�� 177 Muzzy Road ` UN Ithaca, NY 14850 2p104 =y June 11, 2004 ti a Danby Town Board !i = - - - - -We oppose commercial development on rural roads, and we oppose huge suburban-developments. - ---In particular, we support the proposed moratorium so that better land use regulations can be developed. Signed: ' Martin Sternstein Faith Sternstein Date: s 16 Gunderman Rd Ithaca, NY 14850 June 8, 2004 Danby Town Board Members Danby Town Hall 1830 Danby Rd Ithaca, NY 14850 Dear Danby Town Board, We are writing as residents of Danby to express our views concerning the proposed moratorium on the creation of new building lots in the Danby area until the zoning laws have been reviewed and revised. In order to effectively implement the Danby Comprehensive Plan, it is imperative that the zoning laws be updated. A temporary moratorium will not only provide time for citizens of Danby to carefully consider how they would like to implement the Comprehensive plan, but will be the only way to protect our community as the issue becomes more public and is under debate. Sincerely, Jeanne W. Lawless 5 6 Larry A. S. Helmeczy y, �ooz N Nnr CO . , . �j �! i FOR THE RECORD 30 JUN 2004 From: Charles Tilton, 305 Gunderman Road, Spencer, NY 14883 To: Danby Town Clerk, 1830 Danby Road, Ithaca NY 14850 SUBJ: IN THE MATTER OF THE SIX MONTH MORATORIUM I support the six (6) month moratorium on new development in the town of Danby. I believe the town should be sure its zoning ordinances are consistent with the revised comprehensive plan before any new developments are approved. The town could be at risk for potentially costly law suits otherwise. Best, Wit:1— Charles Tilton 41 �- CD 4 33 a- fA(— r-o 'L1=lorcT el�`1�ul ne RCL /Aoa� e (4,�-leme-,17 Dt Year— Zoo' z.a � Ai�� 8b 77 --Aan-d- -G.-.�-C- J ��^ 7 V J ;tom �. aoo c��a, c >� y (� �nrce � ,r / ------------------------------------------ ----------------------------------------------- ------------------------------------------------------------------------------------------------........................---------------------------- --------------- -TA- lVq4 Zcy—1 Ct�., f u7a � �� ,lit_ H/�d!e� �� - 1935 7L --------------------------------------------------------.... -----------------------------------------------------------------------------------------------------------------------------...................................................................... ---------- 2 Ga % � !K6 " v v o ~ ' ' - ^4�� ,�. / [L�-�' s ( ' '- - -- '- - - - U ----- - . . `~ ' ' /u - /-~/ \/ ^. - � ' '" ' e6s ~- 7"_� - ' c✓w vc-� �'dd �� r �, TOMPKINS �' r COUNTY- / i r° T N OF DANBY - TOMPKINS COUNTY =3 1830 DANEY ROAD -4788 (607)277 -Y' ITHACA, NEW YORK 14850-9419 Fax: (607)277-0559 CODE ENFORCEMENT OFFICE Phone (607) 277-0799 Faz 277-0559 July 1, 2004 To: Brayton Foster From Susan Beeners Re: CMC Development Subdivision Groundwater Evaluation Enclosed are the following: e Addendum to your report, being a map, which I updated to show properties where supply problems or concerns have been reported to the Town. • Letters dated 5/30/04 from residents of Olde Towne Village, and dated 5/10/04 from Laura Johnson-Kelly. • A summary of public report which relates to the above updated map. Perhaps these reported problems and concerns are already addressed in your report. But I wanted you to have this material before the July 12 Town Board public information meeting on the project. I will be transmitting this material to Sarah McCulloch at GeoLogic as well. Thank you for your consideration. Xc: . Mauro Marinelli Jody Allen 44 W / W O 40 ... V2_�-` � F A4944 { a -- m >1 0� � � � ,s +'' r uj S•.�: _ _t •` / Ate^ •^.�,1. lOp,lC3A 113'dw 4 3 .. n-" V N n P ` IA&lA0 d T9Ci8IId w r. coQ' < a SSA` ~' �! N :•;o. •p ev $ - U t7 r N.: CA Na 1 lV . {5= 4Ata � w 188^• o s C ,�t• .ram✓ U Q N N _ a 1 h h i. N km CV SP r 1 •44 17% ` CC) - r100, r e7. $ 6 r n kpp �' 1 •�aa f t AFl i�d ta9.07d � A� � O � � � ZN;a � �� N�a N �•.. f 0 tL' =2t O �•i o m t 1R 7 s 4 wS ti Q � f'� A h r!•C • T Cn t C.V Q 19i 9 SB2 i - :� N O %A2= UJ L94 ir U. d J C) ti Zd WcET:n b00?_ 0g: •unr r' 9zS0 Z96 L©9 'ON 3NOHCI JNI�-3NIDN3 N37Td_ : WMiJ 5/30/2004 6 V v �' r —=1 p Danby Planning Board Danby Town Hall t'L Ithaca,NY 14850 - The undersigned homeowners of Olde Towne Village wish to bring to your attention the following points relating to the subdivision proposed by CMC Development on Route 96B __ adjoining our community.Based upon the sketch plan prepared by Allen Engineering bearing Planning Board date 3/17/04, CMC proposes to develop 23 lots each requiring its own well and 'septic system.In addition, the sketch plan provides for minimum building setbacks of 75 feet from the rear of the property line on lots having a minimum depth of 300 feet Because several homeowners in our community and others along 96B are already experiencing .slow water draw and dry wells,we are extremely concerned about the effect that this development will Have on the water supply to our community and to the surrounding neighbors.For example,we are informed that the home of Jim and Nancy Collins draws at only 0.5 gallons Per minute;the Halpins and Goldbergs'homes draw 1 gallon per minute, and all three of these. homes have storage at 330-340 feet. We would be glad to confirm this information by asking Randolph Pump to submit a letter to the Town Board.We believe that the increasing use of the Common Ground over the years has contributed to the water scardty and further development is likely to have a negative,if not catastrophic,impact. The residents at 1254 and 1940 Danby Road have experienced dry wells already. Therefore,..we request that the town engage an independent engineer at CMC Development's expense to study the proposed water" of their planned community.We request that CMC execute several draw downs near Comfort Road and along the border of CMC's property with the houses on Buttermilk Lane, analyze the draw downs and the effect on the surrounding homeowner;and that such study be conducted during.the driest months of the year. -. In addition,we are concerned about the absence of any landscape or other buffer along the -= Property line adjoining Olde Towne Village.The sketch plan shows a 50-foot landscape buff along Route 96B.In order to mitigate noise and the loss of privacy for those homeowners abutting the proposed new development we request that the rear setback be increased to a minimum of 100 feet, and that there be restrictions on altering the natural forest that borders our two communities. Finally, in the spirit of good neighbors and in the hopes that the children and the walkers in both communities will seek each other out, we are requesting that an easement be provided so that access will be available without having to use 96B. This issue will have to be studied to make a .feasible plan. We welcome the opportunity to discuss these and the other issues with CMC Development, and. at the appropriate public hearings conducted by the Town of Danby Planning Board and Town Board. If the town has any comments or questions, please address them to Stevi Mittman as Secretary -of the Homeowners Association, and they.will be circulated within the community. Thank you for your attention: -- Respectfully submitted, The undersigned homeowners of Olde Towne Village - 48 Comfort Road Ithaca, NY 14850 272-5902 May 10, 2004 .- ...... . _ Danby Town Board - 1830 Danby Road Dear Town Board Members, I write to you today.to express my concern over the proposed subdivision/housing development to be built behind Barry Craddock's property at 35 Comfort Rd along a newly constructed looped roadway between Comfort Road to the north and NYS Route 96B to the east. My driveway appears to be directly opposite the proposed road cut onto Comfort Road, so the construction of over 20 new homes is of immediate concern to me, particularly regarding local traffic safety and water management. Although.the proposed new roadway enters Comfort Road along a blind curve, the planners may not realize the existing high volume of local commercial truck as well as vehicular traffic. Most of these vehicles proceed at an excessive rate of speed for the local hilly conditions, so the safety of vehicles exiting from the new development would be impaired. This would also affect the safety of neighborhood children and school buses. The.water management strategies of this development need to be studied and explained in detail. It is inconceivable to me that tests of water availability are being performed now, during the spring—the season of the year with the most abundant water—to determine whether or not drilling 22 new wells will affect water availabililty during the drought months of high summer and early autumn.when my neighbors here on Comfort Road have had their wells run dry with some regularity;`especially in dry years. Since none of these tests appear to have bothered studying the wells of the nearest neighbors (Jonni Schreiner at 51 Comfort Road, Mark Malkin and Carolyn Klass at 36 Comfort Road, or ours at 48 Comfort Rd),they hardly seem valid to test the effect of the Pew development's water usage on our water availability in the future. I am extremely worried that we will find our well running dry (like our neighbors') if this new development is built! The other major component of water management that has not been fully addressed concerns drainage. The dei eloper blithely stated in the April 12th meeting that the water flowing downhill from the new development would obediently flow into the shallow roadside ditch and flow thenceforth along the south side of Comfort Road -_ without a problem. Since the existing ditch is too shallow to accommodate the current level of stormwater runoff, I fail to see how any additional water would fail to do - anything other than sheet downhill across the road surface (as often happens with current ; . :. water flow levels) and further undermine the ever-deteriorating northern edge of the road. - Since the large g gully into which all of this excess water drains is on our roe =�since we are on a well, I feel a great deal of concern about the nature of the household Pollutants in such runoff from the new development. The Tompkins County. JY,. Comprehensive plan explicitly discusses the problems associated with such runoff - y husband and I use organic, chemical-free methods to maintain our lawnd -- garden, but it is likely that many(if not most) of ouf new neighbors in their big, _ expensive homes would use chemical fertilizers, lawn chemicals including herbicides and pesticides, etc, all of which would end up flowing onto m land and potentially L r' water supply that my family and I relyon for our y P Y into the = g water. th deed restrictions to eliminate the use of such lawn and garden he A ough requiring wholly effective in eliminating household pollutant runoff micals may not be , they would certainly be worth a try- I think that the Town Board needs to insist that the ditching and drainage for this development be improved to channel the runoff properly into its roadside ditch and - - prevent it from entering mypro e - - " --� P rty The stream in our gully, an unnamed tributary of Buttermilk Creek, is a DEC- classified "protected stream"which flows into U Buttermilk State Park just down the road. Peer - __... I urge you to consider the points raised in this letter before approvingthe Proposed new subdivision. By delaying well water availability testing until id_Au by constructing adequate drainage culverts and larger roadside ditches, and b insisting on deed restrictions to avoid lawn and garden chemicals, you would helpto ensure -- Y the new residents of Danby will not by their very presence destroythe nsfli that Y the existing residents of our neighborhood. quality of life for l Thank you for your serious consideration of ��matter. --- - Sincerely, . zv. Laura W. Johnson-Kelly - SUMMARY OF PUBLIC REPORT OF WATER SUPPLY PROBLEMS OR CONCERNS S. Beeners, 7/1/04 Nearby properties where water supply problems have been reported: (the most recent prior owners are noted on some of these) Common Ground (reported by a neighbor at a Town meeting) Douglas Miller _._.. - 1230 Danby Road - --- 2.-1-8.1 Jim and Nancy Collins (reported in 5/30/04 letter from Olde Towne Village residents) 213 Buttermilk Lane 2.-1-22.26 Prior owner reputedly Igor Cheikhet. Boris Simkins builder. Kevin and Anne Halpin (reported in letter from OTV residents) 296 Meadow Wood Terrace 2.-1-22.37 Prior owner reputedly Igor Cheikhet. Boris Simkin, builder. Daniel and Barbara Goldberg (reported in letter from OTV residents) 297 Meadow Wood Terrace 2.-1-22.34 Prior owner reputedly Igor Cheikhet. Boris Simkin, builder. James Reagan 1240 Danby Road 2.4-10 (supply problems reported in letter from OTV residents and reported by Reagan at Town meeting.) - Ray Ghirardo, Meghan Roberts 1254 Danby Road 2.-1-12 Prior owner pre-7/85,M. Donnelly (supply problems reported in letter from OTV residents, and also reported to S. Beeners) Laura Johnson-Kelly letter(5/10/04) Asks why the following weren't tested,but does not report specific water supply problems: --_---- J. Martin and Laura Johnson-Kelly ----..__-.-- - 48 Comfort Rd. 2.-1-3 Prior owner pre-3/94, J. Johnson M. Malkin and C. Klass 36 Comfort Rd. 2.-1-4 Prior owner pre-10/78, W. Smith Jonnie Schreiner 51 Comfort Rd. - - -. - _ .-. 2.-1-22.21.-_ - Prior owner pre-8/90, W. and E. Wiggins s COUNTY v Y ��^� < N OF DANBY - TOMPKINS COUNTY 1830 DANBY ROAD (607)277-4788 ITHACA, NEW YORK 14850-9419 Fax: (607)277-0559 CODE ENFORCEMENT OFFICE Phone (607) 277-0799 Fax 277-0559 - - --- -- E-mail sbeeners@aoLcom - .- ----- --- --- July 1, 2004 To: Sarah McCulloch, Senior Hydrologist Geologic NY, Inc. P.O. Box 5080 Cortland, NY 13045 From: Susan Beeners, Code Enforcement Officer Re: Request for Estimate, Review of Groundwater Evaluation, CMC Development Subdivision Enclosed are the following: Application Materials for the proposed CMC Development Subdivision, including Groundwater Evaluation by Brayton Foster, dated June 11, 2004. Note that the current plans are modified from when Mr. Foster produced his report, and reflects his recommendations related to the relocation of a few wells. My 7/l/04 letter to Mr. Foster with accompanying information about public report to the. Town of water supply problems and concerns. Information related to Upper Buttermilk Creek Aquifer from Todd Miller,USGS. We request that you provide us with a cost estimate for reviewing the Foster Report,and any other existing materials, and for providing your opinion as to whether this information is sufficient for the Town Planning Board,as Lead Agency in subdivision review, to determine that. the project would not have an adverse impact on groundwater supplies within the project site and in the project vicinity. Under the Town's review fee laws, such a consultation would be paid by the developer. Once I have received your estimate, I will contact the developer and should be able to promptly obtain authorization for you to proceed. Our primary developer contact is Mauro Marinelli. Jody Allen,P.E.,Allen Engineering, is the project engineer. You are welcome to contact Mr. Foster(387-5958) to inquire as to whether he has any other existing materials related to this purpose. The current schedule for this project is as follows: • July 7 meeting of the Town Board and some Planning Board members with the developer, for informal project review. • July 12 Town Board public information meeting on the project, and consideration of whether the project review should be allowed to proceed under current Town regulations, or be included in a proposed moratorium on subdivisions and rezonings. ----- Mr. Foster plans to attend this July 12 meeting. We would trarimit any-.new information to you after that meeting if any is received. If the Town Board decides to allow the project to be exempted from a proposed moratorium, then the project would be returned to the Planning Board for Preliminary and Final Subdivision _ Plan review, and your report on the project would be desirable to have, if possible, by the July 21 Planning Board meeting. On July 21, the Planning Board, would review the project, beginning. with SEQRA review. The Planning Board meets the third Wednesday of each month. Steven Maybee at the Tompkins County Health Dept. would be reviewing the water and septic system aspects of the project. If the Town Board decides to exempt the project from the proposed moratorium, then I expect that review of the full application for Realty Subdivision Review by his office would begin around July 13. He is receiving a copy of the basic application materials this week. We would expect that you could have some level of communication with his office, as well as with Mr. Foster, as needed. Thank you for your consideration of these materials. We look forward to receiving your estimate. Please do not hesitate to contact me if you have any questions. Xc: Mauro Marinelli Jody Allen Brayton Foster Steven Maybee David Herrick, Engineer for the Town ,-Ge6Logic - - _G e O L O g 1 C NY,Inc. P.O. Box 5080 Cortland NY 13045 607 836 4400 Fax 607 836 4403 , June 29, 2004 Ms. Sue Beeners = Code Enforcement Officer Town of Danby - - -- 1830 Danby Road - - Ithaca, NY 14850 ' . Dear Ms.-Beeners: Thank you-for your call requesting information about our company and services., GeoLogic NY,'- Inc. provides professional -environmental consulting- services. _We consist _of-a team environmental professionals committed to providing timely, quality, cost-effective service to our clients. Summaries of recent water well projects are presented below: Town of Cincinnatus GeoLogic was responsible-for evaluating.the_'quantity and quality--of water-available in.the Town's northern well field. The existing well field data was reviewed and.an evaluation of the-: _ subsurface geology was, completed. Specifications for a-new production.well. were.prepared: _= The new production well-was installed, developed, and step-drawdown'tests were completed;,to'_ verify.well development. _ The- production well is located. adjacent to the-South Otselic River.. Therefore,`.the NYSDOH`- - requested that .a Groundwater Under -the Direct Influence of surface water (GWUDI) determination be made: A-72-hour constant rate pump_test was completed in_the new production well: Groundwater elevation data was recorded,_ samples for laboratory analysis of microbiological, organic..and; -: ,k. inorganic parameters were collected, and field-measurements of physical parameters-were -_ made. The final report was submitted to the_NYSDOH and the NYSDEC. _ village of Oxford The Village of Oxford needed to bring an existing production well into service.,The production well-was located near- a petroleum spill at a-nearby high school. Therefore; the,-regulators .° involved with the-project required testing of existing-nearby groundwater monitoring wells-for petroleum contamination in conjunction with the 72-hour constant rate-pumping test._ GeoLogic completed the;sam lin f p g. and_ constant rate-pumping test along:with. a GWUDI determination. The finalL report was. submitted'to the NSYDOH, NYSDEC;--Chenango County Health Department and the,Susquehanna River Basin Commission (SRBC). Ms. Beeners ` Page 2 June 29, 2004 Town of Roxbury GeoLogic was responsible for evaluating the quantity and quality of water.available in the Town's well field that included two production wells. The existingwell field,data was reviewed ; and an.. evaluation of the subsurface geology was completed. -Specifications_ for a new production well were prepared: The new production well was installed, :developed, and step-_ drawdown tests were completed to verify well development. The production. wells are located adjacent to the E.'.Branch of the.Delaware River.. Therefore, the_NYSDOH requested 'that a-Groundwater'Under the Direct Influence off surface water = (GWUDI) determination be made. Simultaneous 72-hour constant rate pump tests were-completed in the two production'wells:_ Groundwater elevation data;was recorded, samples for laboratory analysis of microbiological,, ,, _ organic and- inorganic parameters were collected, and field measurements- of physical parameters were made. The final report.was submitted to the NYSDON-and the NYSDECand the wells were approved as sources of potable water. Grand.Gorge Water District =_ - Services provided far this.project involved two phases, evaluating the potential of using unconsolidated deposits as a source,of potable water for the Grand Gorge Water District an optimizing the yield for the District's existing-bedrock production well: -As part of the evaluation, GeoLogic reviewed existing well logs and.well yield data, published geologic reports and'maps,,7 completed a field-reconnaissance of the area and performed:-a constant rate.-pump test_at one.location. Based on:-the data reviewed, we`concluded that,the unconsolidated aquifer in the area was not capable of yielding the desired-rate of 84,000_gpd. } The District was also concerned with the declining yield in"one of their bedrock wells. GeoLogic i recommended'redeveloping: the well' using hydraulic fracturing" technology. The process of hydraulic fracturing involves placing well"packers in the well"and injecting water under pressure into,targeted zones. Prior to hydraulic fracturing the well;.a video well,survey was,completed to ;,' � :,4 locate fractured zones in the bedrock deposits. Water'samples were also obtained from the well. -.to evaluate the presence-of iron bacteria-and sulfate reducing bacteria. The hydraulic fracturing- was successful in "opening" existing.,bedrock fractures based on recorded pressure changes, and observation of discharged water during the process -and a follow-up-constant rate.pump test - Private-Client The client had installed a new.production well.in the area regulated by the.SRBC. GeoLogic was retained to evaluate potential:impacts to residential wells from the newproduction well as part`of�, ;the Groundwater Withdrawal Application: We prepared and submitted a work plan.to the SRBC;- The elements. of the plan included the pump..test procedures,:a residential.well survey; and' ; water sample analysis. Ms. Beeners - June 29, 2004 = A 48-hour pump test was completed at-a pumping rate of 1,400 gpm.-The data was,analyzedf -and a summary report was submitted to and approved by the SRBC.; Town of Chenango One of the Town's municipal water supply-production wells began_t6experience decreased welt- yield. A-well that once yielded-200_gpm.-was.now dewatenng allowing--the'-pump to cavi ale,,;- ,, GeoLogic reviewed geochemical data•provided_by the Town in,conjunction with.regional-water'�- table.data and determined that the probable:cause of low well yield;was a function.of'calcium - carbonate incrustation on the well's intake screen. GeoLogic recommended'a sulfamic acid treatment to remove the incri.isted minerals. The-acid -treatment and redevelopment of.the"well was successful. The well was subsequently=pumped at , r a higher pumping,ratewith.less.than two inches of,drawdown: . ' 11 have enclosed copies of,our company brochures. If you need any any Enformation, ; please call me-at 607-836-4400. - Sincerely, _ = GeoLogic NY, Inc_. =. = 'Sarah E. McCullochC� - Senior Hydrogeologist Eric. 3 Brochures F:1cor\semcor\Danby Ltr _, At Geologic, science and business aren't mutually exclusive. When you engage GeoLogic,you're working with scientists who also understand the practical side of your project.Yes, t we're scientists; but we are also business people ever mindful .. t of the budgets you manage,schedules you keep,and decisions you must make.As a result,you'll find we have a true customer . service orientation and are very easy to work with. • is V GeoLogic OFFERS YOU... t t • Flexibility---GeoLogic has worked for literally hundreds of businesses and public organizations,and we know how to accommodate and adjust our services to accomplish your goals,needs,or technical requirements. -Engineers&Architects -Government _ -Commercial &Industrial t t t t -Financial, Insurance &Legal -Educational &Institutional • Communication &Accessibility—From the moment we t t ' t t outline our strategy for you,to the delivery of our final reports— your project leader is committed to keeping you informed and completely in the loop. 1 i t t • Professionalism—GeoLogic t t t is actively involved with regulatory agencies and - t t • t • t t t • professional organizations in our field,such as the •t t t t t t • t t t Association of Engineering Firms Practicing in the Geosciences(ASFE). t 0 Staying"current" and well networked affords us additional insight and helps ' t t you navigate today's ever-changing business and regulatory environment. t t • And,we're the client's advocate—Like all scientists, your GeoLogic team will collect and accurately report t the facts; but we have also established a reputation t t t t t for vigorously and ethically defending those facts on your behalf. •t tt t • t • • t What can we do for you? An added plus: We're WBE certified From investigation of subsurface contamination,to Brownfield In addition to our proven track record, equipment,and service redevelopment,to investigation of Superfund sites....From orientation—GeoLogic is a Certified Woman-Owned Business development of new municipal groundwater supplies,to mining Enterprise(WBE)as defined by the New York State Department impact studies,to property transactions... GeoLogic has developed of Economic Development.To learn more or to obtain a copy a reputation and considerable track record throughout the Northeast of our WBE status,contact us at 607-836-4400. Our principle areas of expertise include: ♦CONTAMINANT EVALUATIONS •. Remedial Investigations • Contaminant Spill Investigations b Underground&Aboveground Tank Closures • Plume Identification& Mapping • Subsurface Characterization V SUBSURFACE EXPLORATION&SAMPLING • Direct Push Services(Geoprobe®) -Soil&Groundwater Samples -Soil Gas Samples&Surveys -Mini Wells • Rotary Drilling - -Soil Boring -Rock Coring -Monitoring Wells Subsurface Instrumentation' V WATER RESOURCES • Water Supply Evaluations &Development • GWUDI Evaluations • Pumping Tests >> • Aqu fer Identification • Aquifer Testing • Wellhead Protection - V SITE RESTORATION • Feasibility Studies - ""� �• • Pilot Testing • Remedial System Installation,Operation&Maintenance = = Before V ENVIRONMENTAL SITE ASSESSMENT Pre-purchase&Re-finance Environmental Site Assessments Site Development Issues • Audits&Monitoring Programs ♦BROWNFIELD REDEVELOPMENT • Expedited Site Characterization • Negotiated Clean-up Objectives V LITIGATION SUPPORT • Expert Witness Testimony • Forensic Investigations • Case Review After i c-2,wA. kVqVl agaoo fy$ }A-25, �''� �"� � � .. D a•.m � ��_G+ya �^a GOe C `"' � �,�c" �'>z, dam jet � ° `°��ig•,°,,,°, ¢O+� b S.�01 ° ° ih t' a ) ZE rraE� ti 9 '' m GO, Zn 0 o Q 0 0 U O r t - •�.��.- _ � � (yam•1 /1 ��•.e•�y,��]iy�e�1 �� , a� �` _� �� `��-.:? �� I.S'J�1 1 l:lil7l•.1A4 � •1� 1 1� - • ca o p ,. •a 6 dc8ge � �t Iw ai 24 a a § `�1'1 1 1 • 1'1 1 1 a 0 Draft, S. B. 7/12/04,rev 7/14/04 MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN BOARD OF THE TOWN OF DANBY AND CMC DEVELOPMENT, ON TERMS AND CONDITIONS RELATED TO THE PROPOSED CMC DEVELOPMENT SUBDIVISION The Town Board of the Town of Danby and CMC Development(`the Developer"),representedby Mauro Marinelli, mutually agree to the following terms and conditions related to the proposed_ CMC Subdivision, notwithstanding subsequent requirements of project approval as provided in the Town of Danby Zoning Ordinance,the Town of Danby Subdivision Regulations, SEQRA,' and related requirements of other agencies: PROPOSED PUBLIC FACILITIES: Road System: The road system shall have a single access intersection with an existing road, being Route 96-B. . The Developer will attempt to obtain an updated conceptual approval for this new condition from NYSDOT, for purposes of Planning Board SEQRA review. Stormwater Management Areas: 1. The design of these areas will be subject to review by the Town's consulting,engineer and the Town Highway Superintendent. Maintenance and safety aspects will be among the.review considerations. 2. The Developer will provide cost estimates related to maintenance of these areas to the Town Board. The Town Board will review such cost estimates and make a determination related to the funding of such maintenance, including whether or not a Special District should be established for such funding. 3. The proposed Stormwater Management Areas(SWM) 1, 2, and 3 will be conveyed to the Town for general municipal purposes,to allow flexibility in their potential future use. 4. The Stormwater Management Area at Lots 12 and 13 will be privately owned. An easement for stormwater system maintenance of this area will be.conveyed to the Town. Maintenance aspects will be further considered. Public Open Space/Trail: 1. The Developer will establish a recreational path, approximately 6 feet in width,to connect the main subdivision road with Comfort Road, which will be a grass path consistent with and an extension to nearby sections of the Finger Lakes Trail(near Buttermilk Fall State Park). 2. The Developer will install this path as a grass path, approximately 6 feet in width. 3. The Developer will provide gates, bollards, or other devices, adequate to deter the use of the'-" path by motorized vehicles while still providing for maintenance access. 4. The Developer will provide signage at each end of the path indicating that it is a recreational trail(primarily for pedestrians) and that motorized vehicles are prohibited. The types of such--, signage shall be subject to further approval by the Town Board a`' 5. The Developer will provide a cost estimate for maintenance of this grass path, for Town consideration on funding its maintenance. 6. The Town will consider, among other arrangements, contracting with the County for its - mowing. 7. The path will be conveyed to the Town, within a strip of land 10 feet in width. The intent of this width is to allow room for maintenance and repairs of the path, and to facilitate the future possible improvement of the trail, if the Town decided in the future to make such -- - improvement for a multiple-use trail. 8. The strip of land containing the trail will be dedicated to the Town for general municipal purposes,to allow flexibility for potential future use, for example, if public utilities were ever extended. OTHER CONSIDERATIONS: _ Subdivision Plat: 1. Lots 18 and 19 will be connected to Comfort Road, each with a minimum 15-foot strip, in fee. 2. Lot 13 will be connected to the turnaround. Permitted Lot Uses: l. All lots will be subject to the provisions of the Town of Danby Zoning Ordinance, Article VI, Section 600—'Tow Density Residential Zone", including but not limited to the Permitted Principal Use of one single-family or one two-family dwelling per lot. 2. Lots 1 and 2 will additionally be subject to Site Plan review as provided in the Subdivision Regulations for Clustered Subdivisions, and in the Zoning Ordinance for Site Plans. 3. Reduction of lot area and frontage may be permitted by the Planning Board under the Clustered Subdivision provisions of the Subdivision Regulations,to permit lots fronting on hammerhead-shaped turnarounds to have less than the minimum 200-feet of frontage - provided in the Zoning Ordinance, and to permit private lots of less than 2 acres each(being proposed lots 4, 5, 7, 8, 9, 10, and 15). 4. No further resubdivision resulting in new building lots beyond the number of lots shown on the June 30, 2004 Plat Map will be permitted. Water Supply; 1. In addition to the normal review of subdivision water supply matters by the Tompkins Co. _ Health Dept., and the Town's consulting engineers, the Town will retain a separate expert to review the Groundwater Evaluation Report dated June 11, 2004 by Brayton Foster and any other existing materials, and to provide an opinion as to whether this information is sufficient for the Town Planning Board, as Lead Agency in subdivision review,to determine that the project would not have an adverse impact on groundwater supplies within the project site and in the project vicinity. 2. The cost of such consultation will be paid by the Developer pursuant to the Town's review 4 4 fees requirements. A request has been sent by the Town to GeoLogic, Inc. for a proposal cost estimate. When such proposal and cost estimate are received, such will be reviewed bye 6.; the Town's consulting engineer and Town Planning Board Chairperson, and if found to be acceptable in scope, the work will be initiated following notification of the Developer, and the deposit of review fees for the work. - s 3. If the Planning Board finds that, following such consultation, information is still inadequate - to make such a determination,then the Planning Board will enter into discussions with the developer related to the mechanics of obtaining additional information. The cost of such _additional consultation will be paid by the Developer, unless an alternative agreement-is--- developed and approved by the Planning Board and the Town Board. - Water Supply and Sewage Treatment Systems: At least a preliminary assessment based on Realty Subdivision Review by the Tompkins County Health Department shall be provided for purposes of Planning Board SEQRA review. Open Space Considerations: Preservation of Significant Vegetation: The Developer will make every effort to preserve mature trees (over 50 years of age) and other significant vegetation. `Conservation Area' near Buttermilk Creek: In the course of subdivision review, the Developer will further discuss with the Planning Board whether the 100-foot buffer would be a no-disturbance area, or whether soil disturbance, for example, for gardens and lawns, would be permitted; and whether any structures, such as accessory buildings, would be permitted within the 75-foot setback. Buffer Area Near Olde Towne Village: Efforts shall be made to locate improvements outside of the 75' rear setback so the natural buffer can be maintained. __-- - _-- - - Lots 1 & 2 Field Areas: 1. Lots 1 &2 contain former farm field, in an area of significant scenic and historic agricultural landscape character, at an important entrance into Danby. 2. Development of Lots 1 and 2 shall be subject to site plan review and approval by the Planning Board. 3. The June 30, 2004 subdivision plans will be revised to move the lot line between Lots 1 and 22 north,to accommodate a potential house site in the woods for Lot 1, and to move the nearby road to the west,to locate the road in the woods. 4. Every attempt shall be made to preserve the scenic, rural open space, and historic farm landscape characteristics of the existing fields. 5. Agricultural uses of these lots(as defined and regulated by the Zoning Ordinance) will be encouraged, but the limited size of the fields, and the types and needs of agricultural uses compatible in this location will be kept in mind. i - i i 6. . The fields should be generally kept as open space. Any structures approved for location in these fields should reflect styles of traditional farmsteads. 7. The Developer will provide a general proposal to the Planning Board related to site and architectural design standards for these lots,the intent of such standards being to ensure ---consistency with the provisions of the Subdivision Regulations,Zoning.Ordinance, and Comprehensive Plan. Subject to the determination of the Planning Board, such standards b may be used in site plan review, and may also be incorporated into restrictive covenants on these lots. 8. Notwithstanding other various provisions and policies in the Zoning Ordinance, Subdivision Regulations, and Comprehensive Plan, the following provisions will be considered: Town of Danby Subdivision Regulations: Section 303 - Clustered Subdivisions-Regulation of Exterior Characteristics _- (Excerpt)-The Planning Board may regulate the exterior characteristics of any proposed structures or uses in order that the development shall be, in the judgment of the Planning Board, compatible with the surrounding community. Factors < which may be considered in this judgment include, but are not limited to the following: ■ Views to be afforded present owners of private property, or legal users of public property, in the vicinity of the proposed clustered subdivision. ■ The description and nature, including size, shape, and color,of = materials to be used on the exteriors of proposed structures and in other exterior areas. Section 501(4)Agricultural Land and Uses ■ Development shall, as much as practicable, be located on the least fertile soils for agriculture, in a manner which maximizes retention of viable agricultural uses and land. ■ On parcels with viable agricultural lands, development should be located within woodlands contained on the parcel, or on the far edges of the open fields adjacent to woodlands, in order to reduce development impacts on such agricultural lands, as well as to provide _ summer shade and shelter from winter wind, and to enable the impact of new construction to be buffered or absorbed by natural landscape = features. Section 501(7) Visual Environment _- ■ The location of development shall be in areas least likely to block scenic _ = views important to the community, as seen from public roadways and -- other public areas. 4 e adverse impacts on the The pattern of developments mmun1z ` develo went in the - z important open areas and of existing P character of - - --- - neighborhood. be amended only upon mutual agreement of the Town This Memorandum of Understanding MaY -- --_ ----__---- - -- and.the Developer.-----—----__-.--- Signed by: Date R.Fredric Dietrich,Town Supervisor Date Mauro Marinelli, CMC Development m u 4-0 TOMPKINS I I COUNTY :- 41=T N OF DANBY - TOMPKINS COUNTY 1830 DANBY ROAD (607)277 4788 ITHACA, NEW YORK 14850-9419 Fax: (607)277-0559 CODE ENFORCEMENT OFFICE Phone (607)277-0799 Fax 277-0559 July 17, 2004 To: Randy and Shari Landsman From: Susan C. Beeners It has been brought to our attention that you are using all-terrain vehicles on your property at 1 Landsman Way. Please be advised that Item 21 in the"Declaration of Tract Restrictions for Old Town Village Residential Community", provides that snowmobiles, motorcycles, motor scooters,or any motor operated vehicle, bicycle, and the like, will not be permitted to operate on any open,lot or land area... except special trails, if any, specifically designated for such purpose. In addition, Schedule "A", "Tract Regulations for 20 acres south of Olde Towne Village, which supplement the above Declaration and are specific to your property,provides that no motorized vehicles with the exception of maintenance vehicles shall be operated in the forever wild area. That forever wild area is marked by the building restriction line on the survey map of this property. Both of the above documents were approved by the Town Board on August 12, 1991, as it considered and approved inclusion of your property in the Olde Towne Village Planned Development District. We seek your cooperation in complying with these provisions, by ceasing to operate all-terrain vehicles on your property. Thank you for your attention to this matter. Please do not hesitate to contact me if you have any questions. Xc: Len Haupert, Chair, Olde Towne Village Architectural Review Board Janet Steiner, Chair, Olde Towne Village North Homeowners Assoc. \ Ric Dietrich, Town Supervisor U" 5 + r • ,! , {s 11 I. a . 1. Y �7y 1 ti 1 fiiL ' ,.,.,.I, ,--"..v-,! %.. r q ,,,M1 ktlr a ., t s ... . ::,�, , .,* � ,7 / : r i is Fi 2 1istfil�.t a+ tl ,i 5 t _, �l _ 7 f sY .t ht�t, i " k�°u tf i ,' p115 f°!1� G f�t 1�': Trot } /1+9 •a.: , ....9 p . •F}t ,''1r•+t#A•ti�}�t/-{r. 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',S' �+-eda��3lf.i 0q;'•��Or1 k1.1 ��c� p-U N N+ '� O�Q U !U >� ,. ,.�7,. IQC t.> .e 1 1 1 i W �, r� 1?_+.i m.0 + cd;O ta/s C11._��l E� .�- .'P rlCr s-•. I�rY^b� :p N O,r y�+ v.0 O f..k. �,,. U-N.a 1 ae d i a tC !� t L C/a +r%0.ag r7 1 . �. q� = O YE)1ve+�`PV,m:y� Y 1, d !...}.,W' , t. t 'K it. ti. s v t t '3.y l r -{.'3 + , /f t., w e Tit ,; ..,F•`F:-tr I rS+j.'�.r,s�- .1 fir hy::. -d ,`9 ' '`• V• s r -�ii ra :..T ,Fr! n i!. n .{ r! t-.N. { •F '{r M � s� 7 _- - - r.- .. _a,, t .. :;{ .. - .. .. " .r. "•:, •`L_ '_J....,_.... 7•><,.. .�a;+•�, sss, y a�q ,.{C,: r'., of t. 1. untitled Petition For Moratorium we the undersigned support the Town Board's proposal for a six month moratorium while they work to bring the Zoning ordinance and Subdivision Regulations into accordance with the Comprehensive Plan. Name Address Date ignature 1 2. f ja� lzc�0�f + � 6 6 3, r 11h� �• �� WG �h5m�� '� 4v11� � � � r k0q a736en T, Q, dot to 1 p j�J 1 2.S5eQN tie r � Page 1 tt Petition We the undersigned support the Town board's proposal for a six month moratorium while they work to bring the zoning ordinance and subdivision regulations into accordance with the Comprehensive Plan. Name(signature) Name (print) Address Date 1. ' � 1'Is C10 Lim �� S�enc��i��3 6 as OV 2. ,.fl,«t 5 .� '� t�,� S , � I�� :C ,�a S/)�yct� ��, 3`/z��r S 3. 4. ,Wolay040Y 5. (1A6Stt4.9 � ,c M 6. ram; id CoD 50 nu ZZ � FO-S- - 8. Eak.L 9., v4'�/` 12. J F rJ E 09 t 6� �6gatsvuA �a8 Coin Gtr�, � r�cr� . Ll CID rt- � 110 U untitled04 Petition For Moratorium we the undersigned support the Town Board's proposal for a six month moratorium while they work to bring the zoning Ordinance and Subdivision Regulations into accordance with the comprehensive Plan. Name Address Date Signature 14. G�� 6 G J~ JENCSS tL4A969 ( 22 ��is� �rp (� /-2-7 Io4V: a� 13 He �J d c�I a 1 die �f/V1 � � y -4 Lql Y 3 5, 130/0�f Y BPS s 4' W G'4 �j k, G.30 Oy �� 02 Ltop �� 6 31 Page 1 /� � try-�--r�-z-tia..?.�'� � S'C��-�-n.✓ J r �All . U i 1 nt t ed � d Petition For Moratorium we the undersigned support the Town Board's proposal for a six month moratorium while they work to bring the Zoning ordinance and Subdivision Regulations into accordance with the comprehensive Plan. Name Address Date ignature Awl C `.Val o`t O&e d (04 cou RP� 7 (O W- 1 k C La�ro` 01n v�,SoVi- ke-11 \ �J 4L.FXA^1b.Zd 4voc - 1331{ r UA Page 1 Untitled ;l\ Petition For Moratorium we the undersigned support the Town Board's proposal for a six-,month atorium while they work to bring the zoning ordinance and Subdivision Regulati- ns into accordance with the comprehensive Plan. Name Address Date Signature / 1 ►e-e C.l- .C-�,vi,2A d 1 /off c�(1� T J /a`tl o � C �J n Va,,&,bff, 1•02 Ol t' l eix,n �t��l2q C.. (ic lcCcf k We'na, 9414 2 / t i � ,� _C.. J G'718 a?�.S I��f>t�u:�/'��c.�✓� f.��S�t�f .' '--'� Page 1 � I t• Mom NIMMM M;� O 6-i % r v' 1 \\ \1 O �-- 1o. r _ r .401 M l r- -O �� I I 1 O ,'� • -� �9= �9w"m `�iii,�1A N elic a ic If TOMPKINS COUNTY T N OF DANBY - TOMPKINS COUNTY TOWN CLERK'S OFFICE 1830 Danby Road Ithaca, New York 14850 TO: Supervisor Fredric Dietrich Councilpersons: Joel Gagnon, Norbert Nolte Naomi Strichartz, Gladys Varona-Lacey FROM: Carol W. Sczepanski, Town Clerk DATE: June 3, 2004 1 RE: Transmittal of Proposed Local Law Enclosed is a copy of the final draft for the proposed Local Law entitled: "A LOCAL LAW PROVIDING FOR A MORATORIUM ON RURAL LAND DIVISIONS, APPLICATIONS FOR AND APPROVALS OF SUBDIVISIONS AND APPLICATIONS FOR REZONINGS." The public hearing date is June 14, 2004 at 7:00 p.m. and will be published in the Ithaca Journal Legals on June 5, 2004. Clerk's Affidavit of Transmittal is on file. Phone: (607) 277-4788 Fax: (607) 277-0559 email: danbytownclk@aol.com �Tornpkins County DEPARTM$EMPOP PLANNING %..121 East�CouStreet fthaca,�N°ew,York 14850 Edward C.Marx,AICP 4, Telephone(607) 274-5560 Commissioner of Planning Fax (607) 274-5578 June 4, 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: Proposed local law providing for a moratorium on rural land divisions, applications for and approvals of subdivisions,and applications for rezonings Dear Ms. Beeners: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department 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. We are supportive of the Town taking time to review and revise as necessary ordinances and regulations that are not in conformance with the newly adopted comprehensive plan. One hundred and eighty days is a reasonable amount of time in which to take action to implement any necessary changes. The Department offers the following general comment on this proposal: • You may wish to consider adding language in the local law to clarify that the moratorium is on both minor and major subdivisions to avoid any confusion. Please inform us of your decision so that we can make it a part of the record. Sincerely, C\ ` Edward C. Marx,AICP Commissioner of Planning TOMPKINS COUNTY T N OF DAN BY - TOMPKINS COUNTY TOWN CLERK'S OFFICE 1830 Danby Road Ithaca, New York 14850 AFFIDAVIT OF TRANSMITTAL OF ,Sen FINAL DRAFT PROPOSED LOCAL LAW �h/0 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 on Thursday: June 3., 2004 which day is no later than ten(10) days prior to the date of the hearing, she caused to be mailed, the Final Draft of a proposed local law entitled : "A LOCAL LAW PROVIDING FOR A MORATORIUM ON RURAL LAND DIVISIONS, APPLICATIONS FOR AND APPROVALS OF SUBDIVISIONS, AND APPLICATIONS FOR REZONING" to the' Town Supervisor and Councilpersons of the Town of Danby. ral W': Sczepa k Town Clerk a Town of Danby Phone: (607) 277-4788 Fax: (607) 277-0559 email: danbytownclk@aol.com TOWN OF DANBY FINAL DRAFT - PROPOSED LOCAL LAW PROPOSED LOCAL LAW NO. _OF 2004 A LOCAL LAW PROVIDING FOR A MORATORIUM ON RURAL LAND DIVISIONS, APPLICATIONS FOR AND APPROVALS OF SUBDIVISIONS, AND APPLICATIONS FOR REZONINGS Be it enacted by the Town Board of the Town of Danby as follows: Section 1. Findings and Purpose. 1. The Town Board of the Town of Danby by Resolution No. 67 of September 22, 2003 adopted the 2003 Town of Danby Comprehensive Plan. 2. Section 272-a of Town Law of the State of New York, "Town Comprehensive Plan", Paragraph 11(a) requires that "All town land use regulations must be in accordance with a comprehensive plan adopted pursuant to this section". 3. It is necessary to review the present Zoning Ordinance and Subdivision Regulations toensure that the Town's land use regulations are in accordance with the Comprehensive Plan, and with the requirements of Town Law Section 272-a. 4. This review is also necessary in order to protect the health, safety, and welfare of the residents of the Town, to protect the Town's environmental resources, and to prevent the development of land which could circumvent, conflict, and/or be inconsistent with the Comprehensive Plan. 5. The continued issuance of approvals of subdivisions and rezonings and the classification of rural land divisions under the current legislation, until that legislation is reviewed and modified where found to be necessary, may be detrimental to the goals and objectives of the Comprehensive Plan. 6. It will take at least one hundred eighty days for the Town to cornmence the process of carefully studying the Zoning Ordinance and Subdivision Regulations for accordance with the Comprehensive Plan, to consider the conclusions of such study, to draft new or revised legislation if it is so determined to be necessary or appropriate, to conduct the requisite public hearings on such legislation before the Planning Board and the Town Board, to adopt such legislation, and to give the required public.notice of adoption. Section 2. Definitions. For purposes of this local law, the following definitions apply to certain terms. 1. Land Annexation. Land annexation is the transfer of title of land from its owner to an 2 Proposed Local Law ProposedMoratorium abutting owner, for consolidation with an abutting lot, provided that in such transfer, the remainder of the parcel from which the transfer is made meets appropriate zoning requirements; and no extension of an existing, or creation of a new, public road or public water or sewer facility is involved. 2. Rezoning. Rezoning is the enactment of a change in the zoning classification of any lot, parcel, tract, or area of land. 3. Rural Land Division. Rural Land Division is a Conventional Subdivision of land into two (2) or more lots, in which all lots contain more than five (5) acres (excluding land within a public road right of way); and all lots meet all other pertinent zoning requirements; and no extension of an existing, or creation of a new, public road or public water or sewer utility is involved. 4. Subdivision. A subdivision is the division of any parcel of land into two or more lots, parcels, sites or other divisions of land for immediate or future use, sale, or transfer. The term "subdivision" includes the creation of, and all changes in, highway and lot lines, whether or not new building or development is to occur. This term includes resubdivision and, when appropriate to the context, shall relate either to the process of subdividing or to the land subdivided. 5. Subdivision Regulations. This refers to the "Subdivision Regulations of the Town of Danby, New York", adopted by the Town of Danby Planning Board on December 5, 1991 and approved by the Town of Danby Town Board on December 11, 1991, as amended by the Town of Danby Town Board on September 9, 1996. 6. Zoning Ordinance. This refers to the "Zoning Ordinance of the Town of Danby, New York", adopted by the Town Board on December 11, 1991, and amended by the Town Board through June 11, 2001. Section 3. Prohibition of Subdivisions, Rural Land Divisions, and Rezonings. For a period of one hundred eighty days from the effective date of this local law, no new subdivisions, rural land divisions, or rezonings shall be permitted or established in the Town of Danby except as expressly permitted in this local law. Section 4. Implementation of Prohibition. Except as expressly permitted in this local law, for a period of one hundred eighty days from the effective date of this local law, 1. No Town official shall accept for filing any application for a subdivision or a rezoning. 2. No filing of a Rural Land Division in the Office of the Tompkins County Clerk nor in the Office of the Tompkins County Department of Assessment shall occur. 3 Proposed Local Law ProposedMoratorium 3. The Town Planning Board shall not grant any approvals for a subdivision, and shall not provide any recommendation to the Town Board with respect to a rezoning application. 4. The Town Zoning Board of Appeals shall not grant any variance related to a subdivision application or a rezoning application. 5. The Code Enforcement Office shall not issue any minor land division permit, building permit or other permit or letter that would result in, support, or initiate a subdivision, rural land division or rezoning Section 5. Exceptions. Notwithstanding the provisions of Section 4 above, the enactment of this local law shall not affect the following: 1. Land annexations. 2. Rezonings initated by the Town Board of the Town of Danby, on its own motion. 3. Rural Land Divisions that are either filed in the Offices of the Tompkins County Clerk and the Tompkins County Division of Assessment before the effective date of this local law; or that have applied for and received a letter from the Code Enforcement Office prior to that effective date confirming conformance with the requirements for a Rural Land Division, and that are filed in the Offices of the Tompkins County Clerk and the Tompkins County Division of Assessment within 62 days of the effective date of this local law. 4. Subdivisions approved by the Town prior to the effective date of this local law, where preliminary or final subdivision approval has been granted or where a Minor Land Division Permit has been issued, and where such approval or permit issuance has not expired pursuant to the provisions of the Town of Danby Subdivision Regulations, the Town of Danby Zoning Ordinance, or the Town Law of the State of New York in effect at the time of said approval or issuance. Such subdivisions shall continue to be subject to the regulations, ordinances, and laws in effect at the time of said approval or issuance. Section 6. Appeals/Variance Any person, firm, or corporation who may be aggrieved by any provision of this local law shall have the right to appeal to the Town Board of the Town of Danby. The aggrieved party has the burden of proving that it has suffered a significant hardship and that the granting of the variance will be consistent with the Town of Danby Comprehensive Plan and that the variance will not be a detriment to the health, safety and welfare of the 4 Proposed Local Law ProposedMoratorium residents of the Town. l. An application for appeal requesting review of a subdivision, rural land division or rezoning application under the regulations, ordinances, and laws current at that time shall be submitted in writing setting forth: A. The reasons for the appeal. B. The specific hardship suffered by the applicant as a result of implementation of this local law. C. The manner in which a variance from the provisions of this local law will not have a detrimental impact on the health, safety, and welfare of the residents of the Town. D. Evidence that the subdivision application, rural land division, or rezoning application if permitted to proceed under the current regulations, ordinances, and laws would be in accordance with the Town of Danby Comprehensive Plan. 2. The application must contain all materials, and include all application and review fees, that would be required for the particular development sought if the application were to be processed as an appeal to the Zoning Board of Appeals in the absence of this moratorium. 3. The Town Board shall consider said application for appeal pursuant to the procedures, timeframes, and criteria by which the Board of Zoning Appeals receives and hears applications for variance, as provided in the Town of Danby Zoning Ordinance and Town Law. 4. Following the review of said application, and the receipt of and review of any additional information the Town Board may require, the Town Board shall have authority, in its legislative discretion, to vary or modify the application of any provision of this local law with respect to such application for appeal, upon its determination that such variance or modification is necessary to alleviate the significant hardship proven by the applicant, and that such variance or modification is consistent with the Town's Comprehensive Plan and with the protection of the health safety and welfare of the residents of the Town. 5. Upon the granting of such a variance or modification, a complete application for subdivision, a letter requesting classification of a rural land division, or an application for rezoning may be submitted and shall be processed as provided in the codes, ordinances, and regulations of the Town of Danby and the Town Law for that type of application as if this moratorium had not been enacted. Section 7. Penalties. Any person subdividing or rezoning property in violation of this law shall be subject to the enforcement, remedies, and penalties set forth in Section 268 of the Town Law of the State of New York. In the event of unlawful subdivision, rural land 5 Proposed Local Law ProposedMoratorium division, or rezoning, in addition to any other remedies available to the Town, the proper authorities of the Town may institute any appropriate action or proceeding to enjoin, prevent, restrain, correct or abate such violation or any construction or occupancy in violation of this local law. Section 8. Term. This local law shall be in effect for a period of one hundred eighty days from its effective date, provided, however, that the penalty section shall remain in full force and effect after such one hundred eighty day period for the purpose of prosecuting any violation which occurred during such one hundred eighty day period. Section 9. Applicability. This local law shall apply to all areas of the Town of Danby. Section 10. Partial Invalidity. If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 11. Effective Date. This local law shall take effect immediately upon filing of the local law with the Secretary of State of the State of New York, or ten days after publication of this local law in the official newspaper of the Town, whichever is later. 7 �:•: `n„ ; COUNTY'xra3� - - x z x� ' N OF DANBY - TOMPKINS COUNTY TOWN CLERK'S OFFICE . ---- -- --1830--Danby-Road --------------- Ithaca, New York 14850 FAX TRANSMITTAL SHEET DATE: FAXED TO: a FAX NUMBER: 73 FAXED FROM: J TOWN OF Y NUMBER OF PAGES (Including Cover Page) COMMENTS: Phone: (607) 277-4788 Fax: (607) 277-0559 email: dant;ytownclk@aol.com June 3, 2004 Danby "i own Hoard 1830 Danby Rd. Ithaca,NY 14850 Dear Town Board: --� i ius is a comment on the front page articie of the Ithaca Journal about Danby and the poteniiai moratorium on building. Tompkins County is growing by leaps and mounds. Ail tax oases are growing as weii. "I"he rates . are rising and the full value assessments are rising even more rapidly. If we, the Town of Danby, hold back ro i ..s r r J •r on^ �ent:» ne::'t»x Oa se nrr�r�ernr�mrr^�'ement .x'e L^en f^ri'e L^e�L:Tr�nt reS.^.�::tS.^ bear an even higher tax bill than the raised rates and raised assessments will cause. Less residents to share means .^..''&.er taxes for o:x'rers. i.et'S�.fir W 1 i H ^L'r are». It'S t.':e �:eaiti��r J thing to do. Danby has in place all the review boards for development. Let's USE them and do so smartly. I ne C^::MI ment some Danby peopie^ave to L'^.e 'rl2Ta.'' st»t'.:S Could poSSlmiy force them to leave the area if the taxes just get too high—they will have to move to another county. Let's ntT then t�na%r Syni.21, »�ni� i�J -uJ tnc• b2 l J J "- property and create their rural setting under their ownership, not expect the Town to stifle it's n�zrfii asn tieveiop:::ent.j i,L^.»tea 2S a�'Pr jr ati�r»��i�re plate to :2�rn in bPnPi ann ii».nn jr:S 4� t there'-let's go ahead and grow. We are set up to do it, and do it RIGHTt r Sincerely, L . . 5�nuvanee 108 Olde Towne Road Ithaca,NY 14850 ,GC i Q`b n Page 1 of 1 Subj: Re: Moratorium article Date: 8/25/04 10:10:43 PM Eastern Daylight Time From: sgg4@cornell.edu To: SBeeners@aol.com, sgg4@cornell.edu, nrs@lightlink.com, varona@ithaca.edu, rdietr.c@tw.cny_rr..com., danbysup@hotmail_com CC: Img4@cornell.edu ohy.1 @comell..e_d_u HANS.ENZOO_@aol com, csf7@corne,ll.edu, roer@cortland.edu,jw&thethomasgroup com, JCM798 aol.com, Mimiwaltszaaol.com It is interesting that you read "likely vote" to mean likely passage. I didn't mean to indicate anything more than that we would probably vote on the proposal this time instead of postponing action. To avoid others drawing the same erroneous conclusion, I have shortened the title as suggested. I also liked the other suggestion Sue made and changed that as well. As submitted, the article will read as follows: Second Hearing on Moratorium The Town Board will hold a Public Hearing at 7 P.M. on Monday September 13 to consider adopting a revised version of the proposed moratorium local law on applications for subdivisions and rezonings that was originally proposed in June. One of the reasons the Board did not vote on the June version of the law was the request of the developers of the CIVIC subdivision, proposed for land opposite Nelson Road, to be exempted from the moratorium because this project had been under Town review for several months. A Memorandum of Understanding resulted from negotiations with those developers that reduces the inconsistencies with the Comprehensive Plan. The Town Board now proposes to adopt a revised law that excludes proposals that have received conceptual approval. The CIVIC subdivision is the only one in that position, and in fact recently also received preliminary and final subdivision approval from the Planning Board. The draft local law includes findings that it is necessary to review town land use laws in order to assure consistency of those laws with the comprehensive plan, and that projects if allowed to proceed under the current laws might not be consistent with the comp plan. The draft local law provides a 6-month time for review and modification of town land use laws for this purpose. Although there is little difference between this version of the moratorium proposal and the earlier one, the Board would welcome additional comments at this hearing. Thursday, August 26, 2004 America Online: Mimiwaltsz � L 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, June 14, 2004 at 7:00 p.m. at 1830 Danby Road, Tompkins County, Ithaca, New York to consider enacting a local law entitled: "A LOCAL LAW PROVIDING FOR A MORATORIUM ON RURAL LAND DIVISIONS, APPLICATIONS FOR AND APPROVALS OF SUBDIVISIONS, AND APPLICATIONS FOR REZONINGS.". 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: June 3, 2004 Publish: June 5, 2004 Affidavit of Publication Requested. TOWN OF DANBY PUBLIC HEARING NOTICE PLEASE TAKE NOTICE, I that the Town Board of the i Town of Danby will hold a i public hearing on MoAday, hn-mort.04 I June 14,2004 at 7:00 p.m. p f at 1830 Danby Road, Tompkins County, Ithaca, New York to consider enacR i ing a local law entitled:'."A LOCAL LAW PROVIDING s FOR A MORATORIUM ON if RURAL LAND DIVISIONS, ,s APPLICATIONS FOR AND is APPROVALS OF SUBDIVI-' iJ SIONS, AND -APPUCA- 4 TIONS FOR REZONINGS.". YCopies of the Proposed Lo- e cal Law may be obtained iy from the Town Clerk during. y r regular working hours. All persons will be heard ei- ther in writing or in person: A meeting of the Town - Board will follow the public I. hearing. f, By Order of fhe ` Town Board Carol W.Sczepanskir • ic- Town Clerk W Dated: June 3,2004 7 iy June 5,2604. iw ' kk 0 1d VILLAS°^ - L-= `/J` - / � C- _ � 2 - - --=— - - - - c t l Vaoo&,�- (o ,,,,,,, cea,TIN Pam_ i OIJA11 ,9 P � - 5 ' cw _ 2� ork v 40�� De 67 fv V - 7-7l - --ro uj 14 Ln le- /l -kn 7 +T YL - YI I ovv� k-t- _�� &�,n- -s U-6-D lill - W _ ey ,5u / -��'G uzz-- i I � VU PKINS NTY *--t N OF DAN BY - TOMPKI NS COUNTY 1830 DANBY ROAD (607)277-4788 ITHACA, NEW YORK 14850-9419 Fax: (607)277-0559 CODE ENFORCEMENT OFFICE Phone(607) 277-0799 Fax 277-0559 June 1, 2004 To: Potentially Interested Agencies (as listed at the end of this memo) From: Susan�� ers Enforcement Officer Enclosed for your information are the following: Town Board Resolution No. 38 of 2004, `In the Matter of a Proposed Local Law Providing for a Moratorium on Rural Land Divisions, Applications for and Approvals of Subdivisions, and Applications for Rezonings;' and The May 11, 2004 Draft of a Proposed "Local Law Providing for a Moratorium on Rural Land Divisions, Applications for and Approvals of Subdivisions, and Applications for Rezonings". As noted in the Resolution, the Town Board will hold.a public hearing to consider enactment of the proposed local law at 7:00 p.m. on Monday, June 14, 2004. If you have any comments or questions, please provide them to the Danby Town Clerk at the above address. Memo sent to: Regional Office,N.Y. State Office of Parks, Recreation, and Historic Preservation 2221 Taughannock Park Blvd. 1 Trumansburg,NY 14886 Town Clerk, Town of Candor ' P.O. Box 6 0D 101 Owego Rd. e Candor,NY 13743 Town Clerk, Town of Caroline �'``. Iz" 2670 Slaterville Rd. Slaterville Springs,NY 14881 -- Town Clerk, Town of Dryden 65 East Main St. Dryden,NY 13053 Town Clerk, Town of Ithaca 215 North Tioga St. Ithaca,NY 14850 Town Clerk, Town of Newfield 166 Main St. Newfield,NY 14867 Town Clerk, Town of Spencer 79 East Tioga St. Spencer,NY 14883 Tompkins County Legislature Clerk 320 North Tioga St. Ithaca, NY 14850 Tioga County Legislature Clerk 56 Main St. Owego,NY 13827 Director, Division of Environmental Health Tompkins County Health Department 401 Harris B, Dates Drive Ithaca,NY 14850-1386 Town of Danby Board of Zoning Appeals Secretary 1830 Danby Road Ithaca,NY 14850 RESOLUTION NO. 38 of 2004 IN THE MATTER OF A PROPOSED LOCAL LAW PROVIDING FOR A MORATORIUM ON RURAL LAND DIVISIONS, APPLICATIONS FOR AND APPROVALS OF SUBDIVISIONS,AND APPLICATIONS FOR REZONINGS By Councilperson Gagnon: Seconded by Councilperson Strichartz WHEREAS,this action is to Consider Enactment of a Local Law Providing for a Moratorium on Rural Land Divisions, Applications for and Approvals of Subdivisions, and Applications for Rezonings; and WHEREAS, the Town Board is legislatively determined to act as Lead Agency in environmental review of the adoption, the amendment, or change in any zoning law, ordinance,rule or regulations governing the use of land, pursuant to Local Law No. 2 of 1991; and WHEREAS,this is a Type II action under the State Environmental Quality Review Act, 6 NYCRR Section 617.5, requiring no further environmental review; and WHEREAS, pursuant to Section 1200 of the Zoning Ordinance of the Town of Danby, any such proposed local law shall be referred to the Planning Board for report thereon before a public hearing is held by the Town Board to consider its enactment; NOW, THEREFORE, IT IS RESOLVED,that the Town Board of the Town of Danby, acting as Lead Agency in environmental review, and finding that this action is a Type II action requiring no further environmental review, hereby refers the proposed "Local Law Providing for a Moratorium on Rural Land Divisions, Applications for and Approvals of Subdivisions, and Applications for Rezonings" to the Planning Board of the Town of Danby for a report thereon; and it is FURTHER RESOLVED, that the Town Board of the Town of Danby refers the proposed "Local Law Providing for a Moratorium on Rural Land Divisions, Applications for and Approvals of Subdivisions, and Applications for Rezonings" to the Tompkins County Commissioner of Planning for review and recommendation pursuant to General Municipal Law 239-1 and—m; and it is FURTHER RESOLVED, that the Town Board of the Town of Danby hereby schedules a public hearing for 7:00 p.m. on Monday, June 14, 2004 to consider enactment of a Local Law Providing for a Moratorium on Rural Land Divisions, Applications for and Approvals of Subdivisions, and Applications for Rezonings. A roll call vote on the resolution resulted as follows: Gagnon Aye Nolte Nay Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Clerk's Certification for Resolution No. 38 of 2004 IN THE MATTER OF A PROPOSED LOCAL LAW PROVIDING FOR A MORATORIUM ON RURAL LAND DIVISIONS, APPLICATIONS FOR AND APPROVALS OF SUBDIVISIONS AND APPLICATIONS FOR REZONING 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 12th day of May, 2004. lit, � w Carol W. Sczep4niki, Town Clerk i DRAFT, Reviewed by Town Board May 10, 2004. Revision to Sec. 11 made May 11, 2004 PROPOSED LOCAL LAW NO. _OF 2004 A LOCAL LAW PROVIDING FOR A MORATORIUM ON RURAL LAND DIVISIONS, APPLICATIONS FOR AND APPROVALS OF SUBDIVISIONS, AND APPLICATIONS FOR REZONINGS Be it enacted by the Town Board of the Town of Danby as follows: Section 1. Findings and Purpose. 1. The Town Board of the Town of Danby by Resolution No. 67 of September 22, 2003 adopted the 2003 Town of Danby Comprehensive Plan. 2. Section 272-a of Town Law of the State of New York, "Town Comprehensive Plan", Paragraph I I(a) requires that "All town land use regulations must be in accordance with a comprehensive plan adopted pursuant to this section". 3. It is necessary to review the present Zoning Ordinance and Subdivision Regulations to ensure that the Town's land use regulations are in accordance with the Comprehensive Plan, and with the requirements of Town Law Section 272-a. 4. This review is also necessary in order to protect the health, safety, and welfare of the residents of the Town, to protect the Town's environmental resources, and to prevent the development of land which could circumvent, conflict, and/or be inconsistent with the Comprehensive Plan. 5. The continued issuance of approvals of subdivisions and rezonings and the classification of rural land divisions under the current legislation, until that legislation is reviewed and modified where found to be necessary, may be detrimental to the goals and objectives of the Comprehensive Plan. 6. It will take at least one hundred eighty days for the Town to commence the process of carefully studying the Zoning Ordinance and Subdivision Regulations for accordance with the Comprehensive Plan, to consider the conclusions of such study, to draft new or revised legislation if it is so determined to be necessary or appropriate, to conduct the requisite public hearings on such legislation before the Planning Board and the Town Board, to adopt such legislation, and to give the required public notice of adoption. Section 2. Definitions. For purposes of this local law, the following definitions apply to certain terms. 1. Land Annexation. Land annexation is the transfer of title of land from its owner to an abutting owner, for consolidation with an abutting lot, provided that in such transfer, the remainder of the parcel from which the transfer is made meets appropriate zoning requirements; and no extension of an existing, or creation of a new, public road or public water or sewer facility is involved. 2. Rezoning. Rezoning is the enactment of a change in the zoning classification of any lot, parcel, tract, or area of land. 3. Rural Land Division. Rural Land Division is a Conventional Subdivision of land into two (2) or more lots, in which all lots contain more than five (5) acres (excluding land within a public road right of way); and all lots meet all other pertinent zoning requirements; and no extension of an existing, or creation of a new, public road or public water or sewer utility is involved. 4. Subdivision. A subdivision is the division of any parcel of land into two or more lots, parcels, sites or other divisions of land for immediate or future use, sale, or transfer. The term"subdivision" includes the creation of, and all changes in, highway and lot lines, whether or not new building or development is to occur. This term includes resubdivision and, when appropriate to the context, shall relate either to the process of subdividing or to the land subdivided. 5. Subdivision Regulations. This refers to the "Subdivision Regulations of the Town of Danby,New York", adopted by the Town of Danby Planning Board on December 5, 1991 and approved by the Town of Danby Town Board on December 11, 1991, as amended by the Town of Danby Town Board on September 9, 1996. 6. Zoning Ordinance. This refers to the "Zoning Ordinance of the Town of Danby, New York", adopted by the Town Board on December 11, 1991, and amended by the Town Board through June 11, 2001. Section 3. Prohibition of Subdivisions, Rural Land Divisions, and Rezonings. For a period of one hundred eighty days from the effective date of this local law, no new subdivisions, rural land divisions, or rezonings shall be permitted or established in the Town of Danby except as expressly permitted in this local law. Section 4. Implementation of Prohibition. Except as expressly permitted in this local law, for a period of one hundred eighty days from the effective date of this local law, 1. No Town official shall accept for filing any application for a subdivision or a rezoning. 2. No filing of a Rural Land Division in the Office of the Tompkins County Clerk nor in the Office of the Tompkins County Department of Assessment shall occur. 3. The Town Planning Board shall not grant any approvals for a subdivision, and shall not provide any recommendation to the Town Board with respect to a rezoning application. 4. The Town Zoning Board of Appeals shall not grant any variance related to a subdivision application or a rezoning application. 5. The Code Enforcement Office shall not issue any minor land division permit, building permit or other permit or letter that would result in, support, or initiate a subdivision, rural land division or rezoning Section 5. Exceptions. Notwithstanding the provisions of Section 4 above, the enactment of this local law shall not affect the following: l. Land annexations. 2. Rezonings initated by the Town Board of the Town of Danby, on its own motion. 3. Rural Land Divisions that are either filed in the Offices of the Tompkins County Clerk and the Tompkins County Division of Assessment before the effective date of this local law; or that have applied for and received a letter from the Code Enforcement Office prior to that effective date confirming conformance with the requirements for a Rural Land Division, and that are filed in the Offices of the Tompkins County Clerk and the Tompkins County Division of Assessment within 62 days of the effective date of this local law. 4. Subdivisions approved by the Town prior to the effective date of this local law, where preliminary or final subdivision approval has been granted or where a Minor Land Division Permit has been issued, and where such approval or permit issuance has not expired pursuant to the provisions of the Town of Danby Subdivision Regulations, the Town of Danby Zoning Ordinance, or the Town Law of the State of New York in effect at the time of said approval or issuance. Such subdivisions shall continue to be subject to the regulations, ordinances, and laws in effect at the time of said approval or issuance. Section 6. AppealsNariance Any person, firm, or corporation who may be aggrieved by any provision of this local law shall have the right to appeal to the Town Board of the Town of Danby. The aggrieved party has the burden of proving that it has suffered a significant hardship and that the granting of the variance will be consistent with the Town of Danby Comprehensive Plan and that the variance will not be a detriment to the health, safety and welfare of the residents of the Town. 1. An application for appeal requesting review of a subdivision, rural land division or rezoning application under the regulations, ordinances, and laws current at that time shall be submitted in writing setting forth: A. The reasons for the appeal. f B. The specific hardship suffered by the applicant as a result of implementation of this local law. C. The manner in which a variance from the provisions of this local law will not have a detrimental impact on the health, safety, and welfare of the residents of the Town. D. Evidence that the subdivision application, rural land division, or rezoning application if permitted to proceed under the current regulations, ordinances, and laws would be in accordance with the Town of Danby Comprehensive Plan. 2. The application must contain all materials, and include all application and review fees, that would be required for the particular development sought if the application were to be processed as an appeal to the Zoning Board of Appeals in the absence of this moratorium. 3. The Town Board shall consider said application for appeal pursuant to the procedures, timeframes, and criteria by which the Board of Zoning Appeals receives and hears applications for variance, as provided in the Town of Danby Zoning Ordinance and Town Law. 4. Following the review of said application, and the receipt of and review of any additional information the Town Board may require, the Town Board shall have authority, in its legislative discretion, to vary or modify the application of any provision of this local law with respect to such application for appeal, upon its determination that such variance or modification is necessary to alleviate the significant hardship proven by the applicant, and that such variance or modification is consistent with the Town's Comprehensive Plan and with the protection of the health safety and welfare of the residents of the Town. 5. Upon the granting of such a variance or modification, a complete application for subdivision, a letter requesting classification of a rural land division, or an application for rezoning may be submitted and shall be processed as provided in the codes, ordinances, and regulations of the Town of Danby and the Town Law for that type of application as if this moratorium had not been enacted. Section 7. Penalties. Any person subdividing or rezoning property in violation of this law shall be subject to the enforcement, remedies, and penalties set forth in Section 268 of the Town Law of the State of New York. In the event of unlawful subdivision, rural land division, or rezoning, in addition to any other remedies available to the Town, the proper authorities of the Town may institute any appropriate action or proceeding to enjoin, prevent, restrain, correct or abate such violation or any construction or occupancy in violation of this local law. Section 8. Term. This local law shall be in effect for a period of one hundred eighty days from its effective date, provided, however, that the penalty section shall remain in full force and effect after such one hundred eighty day period for the purpose of prosecuting any violation which occurred during such one hundred eighty day period. Section 9. Applicability. This local law shall apply to all areas of the Town of Danby. Section 10. Partial Invalidity. If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 11. Effective Date. This local law shall take effect immediately upon filing of the local law with the Secretary of State of the State of New York, or ten days after publication of this local law in the official newspaper of the Town, whichever is later. Page 1 -of 1 Subj: morato-rium Date: 512812004"6:59W PM Eastern Standard Time From: melissa ithacabakery.com Reply-to: ramsey_O-ithacabakery.com To: danbytownclk aol.com would like to voice my support for the.proposed 6 month moratorium on land.divisions and-rezoning applications.-1 am strongly in-favor of preserving our rural character and open space. Ramsey Brous 610 W King Rd Danby f 272-9032 Friday, May_28, 2004 America Online: Danbytownclk Page 1 of 1 Subj: FW: RE: moratorium Date: 6/11/04 11:58:09 AM Eastern Daylight Time From: sgg4@cornel_I_edu To: Danbytownclk@aol.com From: "daetsch" <daetsch@mail.clarityconnect.com> Reply-To: <daetsch@mail.clarityconnect.com> To: "joel gagnon" <joelpgagnon@hotmail.com> Subject: RE: moratorium Date: Wed, 2 Jun 2004 22:10:54 -0400 We are definitely concerned about the single lot development as well as the larger subdivision situation. - Dorothy & Willard ---------- Original Message ---------------------------------- From: "joel gagnon" <joelpgagnon@hotmail.com> Date: Wed, 02 Jun 2004 10:02:04 -0400 ><html><div style='background-color:'><DIV class=RTE> ><P>Dear Willard and Dorothy --</P> ><P>Thanks for taking the time to comment on the moratorium proposal. As currently proposed, it would apply to all subdivisions. I am at least as concerned about the one house that shows up in the middle of an old field as I am about larger subdivisions, which at least have the benefit of Planning Board review. There is a provision for appeal in the event of hardship. I would be interested in knowing whether you share my concern about these one-lot subdivisions or believe we should focus specifically on larger subdivsions.</P> ><P>Joel</P> ><P><BR><BR> </P></DIV></div><br clear=all><hr> <a href="http://g.msn.com/ 8HMBENUS/2731??PS=47575">MSN 9 Dial-up Internet Access fights spam and pop-ups — now 3 months FREE!</a> </html> Is your PC infected?_Get a FREE_online_computer virus scan from McAfee@ Security_. Friday, June 11, 2004 America Online: Danbytownclk Douglas and Barbara Grella 114 Fieldstone Circle Ithaca, New York 14850 June 2, 2004 Danby Planning Board C/O Ms. Carol Sczepanski Town Clerk of Danby 1830 Danby Road Ithaca,N.Y. 14850 Dear Members of the Board, In respect of your recent newsletter to the citizens of Danby, please be advised that we are in favor of a six month moratorium on development until the town comes up with a new rezoning plan. Sincerely, (;) Z" Do glas A. Grella Barbara A. Grella '1 8 @a L9`' �G� Page 1 of 1 Subj: re-zoning moratorium Date: 5/31/04 11:54:11 PM Eastern Daylight Time From: wlk5@cornell.edu To: danbytownclk aol.com Dear Joel, am a resident of Danby from Fieldstone Circle. I am writing to express my strong support of the proposed re-zoning and development moratorium that is being proposed while a long term strategic plan is developed for Danby. Sincerely, W. Lee Kraus --------------------------- W. Lee Kraus, Ph.D. Assistant Professor Department of Molecular Biology and Genetics Cornell University 465 Biotechnology Building Ithaca, NY 14853 Phone (Office): 607-255-6087 (message available) Phone (Lab, 467 Biotech Bldg.): 607-255-4743 Fax: 607-255-6249 or 607-255-2428 E-mail: wlk5@cornell.edu http://www.mbg.cornell.edu/kraus/kraus.html http://www.mbg.cornell.edu/biobm439/index.html http://meetings.cshl.org/2004/2004c-gnx.htm Tuesday, June 01, 2004 America Online: Danbytownclk Page 1 of 1 Subj: rezoning moratorium Date: 6/10/04 10:32:47 AM Eastern Daylight Time From: skyser@lightlink.com. To: da_nbytow.nclk@aol.com To: Danby Town Board From: Brian Karafin & Susan Kyser Re: Rezoning moratorium Date: 10 June 2004 We are writing to express strong support for the proposed six-month moratorium on land divisions and rezoning applications while the Town considers ways of implementing the Comprehensive Plan. We live at 113 Nelson Road and are acutely aware of the increasing pressures to develop the immediate neighborhood. Traffic on Nelson Road has increased dramatically since we bought our house five years ago. Danby's rural character is unique, very attractive, and very vulnerable. We would urge the Board to do everything possible to limit development until regulations in line with the Comprehensive Plan are clearly in place. Sincerely, Susan Kyser Brian Karafin 113 Nelson Road Ithaca, NY 14850 tel. 273-2542 Thursday, June 10, 2004 America Online: Danbytownclk 9 IQ Ric � 177 Muzzy Road SUN Ithaca,NY 14850 2 pO4 =y June 11, 2004 Aj Danby Town Board - We oppose commercial development on rural roads, and we oppose huge suburban-developments.- In particular, we support the proposed moratorium so that better land use regulations can be developed. Signed: Martin Sternstein Faith Sternstein Date: �� a% TO THE DANBY TOWN BOARD: Attached is a letter from several of the residents of Olde Towne Village, Danby. Please make it part of the official record. Thank you, Stephanie Mittman secretary tc, Olde Towne Village Homeowner's Association ©� J` PIN a 9 �0 E I V F ; JU?N 04 Danby Town Board Danby Town Hall Ithaca,NY 14850 May 26, 2004 The undersigned homeowners of Olde Towne Village wish to bring to your attention the following points relating to the subdivision proposed by CMC Development on Route 96B adjoining our community. Based upon the sketch plan prepared by Allen Engineering bearing Planning Board date 3/17/04, CMC proposes to develop 23 lots each requiring its own well and septic system. In addition, the sketch plan provides for minimum building setbacks of 75 feet from the rear of the property line on lots having a minimum depth of 300 feet. Because several homeowners in our community and others along 96B are already experiencing slow water draw and dry wells,we are extremely concerned about the effect that this development will have on the water supply to our community and to the surrounding neighbors. For example, we are informed that the home of Jim and Nancy Collins draws at only 0.5 gallons per minute; the Halpins and Goldbergs' homes draw 1 gallon per minute, and all three of these homes have storage at 330-340 feet. We would be glad to confirm this information by asking Randolph Pump to submit a letter to the Town Board. We believe that the increasing use of the Common Ground over the years has contributed to the water scarcity and further development is likely to have a negative, if not catastrophic, impact. The residents at 1254 and 1240 Danby Road have experienced dry wells already. Therefore,we request that the town engage an independent engineer at CMC Development's expense to study the proposed water usage of their planned community. We request that CMC execute several draw downs near Comfort Road and along the border of CMC's property with the houses on Buttermilk Lane, analyze the draw downs and the effect on the surrounding homeowners, and that such study be conducted during the driest months of the year. In addition, we are concerned about the absence of any landscape or other buffer along the property line adjoining Olde Towne Village. The sketch plan shows a 50-foot landscape buffer along Route 96B. In order to mitigate noise and the loss of privacy for those homeowners abutting the proposed new development we request that the rear setback be increased to a minimum of 100 feet, and that there be restrictions on altering the natural forest that borders our two communities. Finally, in the spirit of good neighbors and in the hopes that the children and the walkers in both communities will seek each other out, we are requesting that an easement be provided so that access will be available without having to use 96B. This issue will have to be studied to make a feasible plan. We welcome the opportunity to discuss these and the other issues with CMC Development, and at the appropriate public hearings conducted by the Town of Danby Planning Board and Town Board. If the town has any comments or questions,please address them to Stevi Mittman as Secretary of the Homeowners Association, and they will be circulated within the community. Thank you for your attention. Respectfully submitted, The undersigned homeowners of Olde Towne Village I have read the attached letter dated May 26, 2004 to the Town Planning Board of Danby and wish to add my name to the requests submitted therein. omeow er name Homeowner ignature Die Address 2,0 'I have read the attached letter dated " '" to the Town Planning Board of Danby and wish to add my name to the requests submitted therein. Homeowner name Homeowner signature Address I have read the attached letter dated May 26, 2004, to the Town Planning Board of Danby and wish to add my name to the requests submitted therein. Homeowner name / Homeowner signature Address I have read the attached letter to the Town Planning Board of Danby and wish to add my name to the requests submitted therein. Ms L Ca�L�as Homeowner name eowner signature Address I have read the attached letter dated "whatever" to the Town Planning Board of Danby and wish to add my name to the requests submitted therein. Homeowner name Homeowner signature Address Danby Planning Board Danby Town Hall Ithaca, NY 14850 May 26, 2004 The undersigned homeowners of Olde Towne Village wish to bring to your attention the following points relating to the subdivision,proposed by CMC Development on Route 96B adjoining our community. Based upon the sketch plan prepared by Allen Engineering bearing Planning Board date 3/17/04, CMC proposes to develop 23 lots each requiring its own well and septic system. In addition, the sketch plan provides for minimum building setbacks of 75 feet from the rear of the property line on lots having a minimum depth of 300 feet. Because several homeowners in our community and others along 96B are already experiencing slow water draw and dry wells, we are extremely concerned about the effect that this development will have on the water supply to ouf community and to the surrounding neighbors. For example, we are informed that the home of Jim and Nancy Collins draws at only 0.5 gallons per minute; the Halpins and Goldbergs' homes draw 1 gallon per minute, and all three of these homes have storage at 330-340 feet. We would be glad to confirm this information by asking Randolph Pump to submit a letter to the Town Board. We believe that the increasing use of the Common Ground over the years has contributed to the water scarcity and further development is likely to have a negative, if not catastrophic, impact. The residents at 1254 and 1240 Danby Road have experienced dry wells already. Therefore, we request that the town engage an independent engineer at CMC Development's expense to study the proposed water usage of their planned community. We request that CMC execute several draw downs near Comfort Road and along the border of CMC's property with the houses on Buttermilk Lane, analyze the draw downs and the effect on the surrounding homeowners, and that such study be conducted during the driest months of the year. In addition, we are concerned about the absence of any landscape or other buffer along the property line adjoining Olde Towne Village. The sketch plan shows a 50-foot landscape buffer along Route 96B. In order to mitigate noise and the loss of privacy for those homeowners abutting the proposed new development we request that the rear setback be increased to a minimum of 100 feet, and that there be restrictions on altering the natural forest that borders our two communities. Finally, in the spirit of good neighbors and in the hopes that the children and the walkers in both communities will seek each other out, we are requesting that an easement be provided so that access will be available without having to use 96B.This issue will have to be studied to make a feasible plan. We welcome the opportunity to discuss these and the other issues with CMC Development, and at the appropriate public hearings conducted by the Town of Danby Planning Board and Town Board. If the town has any comments or questions, please address them to Stevi Mittman as Secretary of the Homeowners Association, and they will be circulated within the community. Thank you for your attention. Respectfully submitted. The undersigned homeowners of Olde Towne Village I have read the attached letter dated May 26, 2004 to the Town Planning Board of Danby and wish to add my name to the requests submitted therein. Homeowner-name Homeowner signature Address Stephanie Mittman, 11:33 AM 5/23/200, letter 'to have a negative, if not catastrophic, impact.The residents at 1254 and 1240 Danbv Road have experienced dry wells already. Therefore we request that the town engage an independent engineer at CMC Development's expense-to study;the-pr.Qposed-vater-usage-of the planned 1 community, analyze the draw down and the effect on the surrounding homeowners, and that such study be conducted during the driest months of the year. In addition we are concerned about the absence of any landscape or other buffer along the property line adjoining Olde Towne Village. The sketch plan shows a 50 foot landscape buffer along Route 96B. In order to mitigate noise and the loss of privacy for those homeowners abutting the proposed new development we request that the rear setback be increased to-a rni-nimum-of 100 feet,and that there be restrictions on altering the natural forest that separates our two communities. Finally, in the spirit of good neighbors-and-in the-hopes-that the children > and the walkers in both communities will seek each other out.,we are requesting that an easement be provided for so that access will be available without having to use 96B. This issue will have to be studied to make a feasible plan,and we welcome the opportunity to discuss this and the other issues outlined above with CMC Development. If the town has any comments or questions,please address them to Stevi Mittman as Secretary of the Homeowners Association and they will be circulated within the community. Thank you for your attention. Respectfully submitted, The undersigned homeowners of Oide Towne Village I have read the attached letter dated May 23, 2004 to the Town Planning Board of Danby and wish to add my name to the requests submitted therein. home6iwnneer meowner ``- address Printed for "Edward C. Kokkelenberg" <edwk@pop.lightlink.cotn 2 n Stephanie Mittman, 11:33 AM 5/23/2004 -0400, oops! This one!! Homeowner name Homeowner signature Address Printed for George Jakubson <gj10@cornell.edu> 3 Danby Planning Board Danby Town Hall Ithaca,NY 14850 May 26,2004 The undersigned homeowners of Olde Towne Village wish to bring to your attention the following points relating to the subdivision proposed by CMC Development on Route 96B adjoining our community. Based upon the sketch plan prepared by Allen Engineering bearing Planning Board date 3/17/04, CMC proposes to develop 23 lots each requiring its own well and septic system. In addition,the sketch plan provides for minimum building setbacks of 75 feet from the rear of the property line on lots having a minimum depth of 300 feet. Because several homeowners in our community and others along 96B are already experiencing slow water draw and dry wells, we are extremely concerned about the effect that this development will have on the water supply to our community and to the surrounding neighbors. For example,we are informed that the home of Jim and Nancy Collins draws at only 0.5 gallons per minute; the Halprins and Goldbergs homes draw 1 gallon per minute, and all three of these homes have storage at 330-340 feet. We would be glad to confirm this information by asking Randolph Pump to submit a letter to the Town Board.We believe that the increasing use of the Common Ground over the years has contributed to the water scarcity and further development is likely to have a negative, if not catastrophic, impact. The residents at 1254 and 1240 Danby Road have experienced dry wells already. Therefore,we request that the town engage an independent engineer at CMC Developments expense to study the proposed water usage of their planned community. We request that CMC execute several draw downs near Comfort Road and along the border of CMCs property with the houses on Buttermilk Lane, analyze the draw downs and the effect on the surrounding homeowners, and that such study be conducted during the driest months of the year. In addition, we are concerned about the absence of any landscape or other buffer along the property line adjoining Olde Towne Village. The sketch plan shows a 50-foot landscape buffer along Route 96B. In order to mitigate noise and the loss of privacy for those homeowners abutting the proposed new development we request that the rear setback be increased to a minimum of 100 feet, and that there be restrictions on altering the natural forest that borders our two communities. Finally, in the spirit of good neighbors and in the hopes that the children and the walkers in both communities will seek each other out, we are requesting that an easement be provided so that access will be available without having to use 96B. This issue will have to be studied to make a feasible plan. We welcome the opportunity to discuss these and the other issues with CMC Development, and at the appropriate public hearings conducted by the Town of Danby Planning Board and Town Board. If the town has any comments or questions, please address them to Stevi Mittman as Secretary of the Homeowners Association, and they will be circulated within the community. Thank you for your attention. Respectfully submitted, `f The undersigned homeowners of Olde Towne Village I have read the attached letter dated veer to the Town Planning Board of Danby and wish to add my name to the requests submitted therein. l L M t'�i Homeowner name IV Homeowner sig ature Address I have read the attached letter dated "fie " to the Town Planning Board of Danby and wish to add my name to the requests submitted therein. b rJ Ve d Ss Home e n e Him wner signature Address I have read the attached letter dated "whatever" to the ToNvn Planrina Board of Danby and wish to add my name to the requests submitted therein. Homeowner name Homeowner signature Address I have read the attached letter dated May 26, 2004 to the Town Planning Board of Danby and wish to ,Idd my name to the requests submitted therein. 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MR VAN Ot ��•r• r , �7rn.��rrra��- �.� i•�-• e Danby Town Board June 10, 2004 1830 Danby Road Ithaca,NY 14850 Subject: Rezoning Moratorium We the undersigned are opposed to a moratorium on building, land divisions and rezoning applications. New development that is in compliance with current Public Health Laws, DEC and EPA guidelines should not threaten open space preservation significantly in the near term. It seems our current public health and zoning laws and officials are more than adequate to assure this. With approximately 23% of Danby land already in state parks and forests, it seems unlikely that significant depreciation of open space will occur while the Comprehensive Plan Task Force evaluates acceptable options over the next several months. These decisions must be made using sound business considerations for the good of the whole town and not through emotion or protectionism of a few with personal agendas. We are further concerned that many of the options being considered by the Task Force would either result in higher taxes or be unfair to current landowners who have paid taxes for many years and would be limited as to what they can do with their property. Restrictions on land use more stringent than necessary to assure protection of the environment, public health and safety run the risk of being too restrictive. Adoption of any of these ideas into town law should be subject to a vote open to all taxpayers within the town. Respectfully, , z;� X r. L. Patrick Caveney Judith A Caveney 77 Gunderman Rd. Ithaca, NY 14850 % 9 10 !I RECEIVED _ to JUN 2004 s 6 06/14/04 12:20 FAX 6072741709 I.C.BURSAR OFFICE Z 001 June 14, 2004 Danby Town Clerk 1830 Danby Road Town Hall Ithaca,NY 14850 We are against imposing a moratorium on building in Danby. We believe that Danby needs a broader tax base to rely upon to accomplish the funding that a sense of community would need for special programs,playgrounds, road work, building repairs, and the list goes on. The current zoning laws are sufficient. James and Kathleen Holley 66 Lieb Road Ithaca,NY 14850 kq k-L) its Y " 4 � � p June 2, 2004 0 To: o Town Board of the Town of Danby ^ a 1830 Danby Road, Ithaca, NY 14850 From: Jim Hovanec - 108 Olde Towne Road, Ithaca, NY 14850 607-277-6933 jim(tiv iimhovanec.com Re: Proposed 6-month moratorium on land and rezoning applications. To the Danby Town Board: I would like to comment on the Town Board's proposal to have a moratorium on land and rezoning applications. I respectfully ask the board to consider the following thoughts:. 1. There is a process now in place in Danby through a planned development application which judges the merits of a project on an individual basis with a public hearing so all residents and adjacent property owners can comment. Therefore I see no need for the Town Board to interfere by introducing a building/ development moratorium. 2. If the goal of the Town of Danby is to maintain a "rural look" and stop "urban sprawl" then small community sub-divisions such as the one proposed next to the Olde Town Village Sub-division is exactly what we should be looking at. 3. The town has encouraged 5-acre "runway lots" (2001x 1000') such as those on Muzzy and Troy Roads. These areas are what has taken away from the rural look that we want to maintain, not planned the subdivisions such as Olde Towne Village and Field Stone Circle. (Most people driving down Route 96B have no clue that there are over 60 single family homes in these hidden sub-divisions.) 4. Planned developments should be encouraged as they net more tax dollars per mile of road than any forms of random development along existing roads. I have heard it said in the past by some Danby residents; "I moved here because of the town rural charm, I don't want that destroyed." These people should keep in mind that it was more rural before they built, remodeled, add on, subdivided or just relocated here. The "drawbridge effect" mentality is short sited and over the long haul will raise the tax burden and discourage property ownership in the Town of Danby. Also a subdivision moratorium will not stop the 5-acre road frontage lot sell off blitz that the town has seen over the past years and is a far greater threat to "the rural look" then planed subdivisions. Respectfully submitted, Jim Hovanec June 3, 2004 Danby 'i own Board 1830 Danby Rd. Ithaca,NY 14850 Dear Town Board: his is a comment on the front page article of the Ithaca journal about Hanby and the potential moratorium on building. i'ompicins Courny is growing by 'leaps and bounds. All tax bases are growing as well. 'i he rates are rising and the full value assessments are rising even more rapidly. If we, the Town of Danby, not DaCi;^iZ p^Ien.Z.'.: n%, €a ^a prr.mV .7 ....rr _MeiZr we then Torre The current residents to bear an even higher tax bill than the raised rates and raised assessments will cause. Less residents to sihaare means ;Loner taxes f,or owners. .et S b n m %Ai I I ;i nt:r arvn... it s The healthy thing to do. Danby has in place all the review boards for development. Let's USE them and do so smartly. a,he coihhnhittnheni soihhe i,��aTwy people .^.w�'P t^tihe rural status cotud possibly force thenZ to leave the area if the taxes just get too high—they will have to move to another county. Let's (rrnW Wlin Tilt Tirni-c 1 iCoaliV it nonnio xunnr a Altai coT'rin(T Tnon Tnp r _,nniiin w,rijaim nilV Tito property and create their rural setting under their ownership, not expect the Town to stifle it's grn:a to and deve:v"nlent ' itnaca is a'very aTT.rur•ti"v Tliace to ii"P in lTPnerai wTid iyian11,7 is 4ri(ril 0111 there=let's go ahead and grow. We are set up to do it, and do it RIGHT!! Sincerely, ai.v VCilieL 108 Olde Towne Road Ithaca,NY 14850 N P/rZ, �� 1 J(I�;` G 3 June 8�' 2004 ZCD4 RE: Danby Task Force Hello, I am George Blanchard. Danby property tax payer. I apologize for not e Ee to be here tonight in person, but work demands that I be elsewhere. Over the past several weeks, I have become more and more concerned with the direction and tone of this Task Force and the various town boards in general. Itappearkhat a small group of individuals are intent on passing regulations to further their personal agendas. Let me remind everyone on these committees, that your job is to listen, communicate/ and enact policy that reflects the desires of the town residents. That said, I will share with you that I have had an increasing number of conversations with Danby residents that are concerned with the focus and direction this town is headed. And that zoning enactment to slow growth is most definitely not in the town's best interest. So Mr. Gagnon, I take exception to your report to the Task Force that states "the weight of the commentary leans in the direction of a moratorium" . You just haven't been listening to all the commentary. At .a time when the federal and state government continue to push cost to the counties and towr;, it becomes most important that we do two things: Increase revenue streams and redu,. cost. For the town of Danby, the only option is to increase revenues. This low growth plan supported by a moratorium would have the following effects: -It will limit this towns ability to stem these rising costs: The result will be higher and higher taxes for those of us that live here because the tax base is not keeping up-with cost. - It will lower land values . Residents will continue to pay higher and higher taxes to support stagnant property values and reducing individual net wealth. - V " in effect create sprawl. Sub-divisions are the way to limit lard use and lower the overall cost. Larger lots dive up the cost to develop, and the resultant cost to the buyer. There are many things we can and should do to improve our community—A Moratorium, even for a short term, is not one of them. Spend this time to realistically look at what kind of town Danby is. We are a community with roots in farming. But this is changing and will continue to change. If we do not want to bring in business, then our role is a bedroom community of Ithaca. Personally I think this is a good thing. It will allow us to be family vs business centric. It would allow us to be focused on community vs job generation. It would improve land values providing revenues that would allow us to improve our living standard, instead of the steady decline we have experienced over the past couple of decades. J am not one to just say "no" to something and not offer alternatives. And so that I fully communicate what I expect from the town, let me give you a few ideas on what I would and would not, like you to be focused on �j E Do's -I have seen notes the give lip service to getting resident input, Then lets starting having these meetings on Sat or Sun when resident can be here and provide that input you seek. -Focus in fostering pride in ownership. The number of structure in serious need of repaire and in many cases,just need to be cleaned up is disproportionate. —Lets spend some of our efforts in cleaning up Dandy. Where to start, 96 is our major through fare. This is what other communities see and also plays a role in how we see ourselves. Does anyone here feel good about what they currently see? - Approve the sub-division at 96 and Comfort roads. It provides maximum use of land and will generate revenues so that we can maintain our existing infrastructure. Don'ts - Don't harass new residents about the color of there roof. I was embarrassed by this exchange. And find the result very sad. This was not our best day. - Don't go to a 5 acre minimum. This increases sprawl and land use. Don't limit land use at the expense of the owner. Homes and land are considered investments by there owners. This must always be considered. Don't allow individual agenda's rule the town. Resident voices must carry the day. Don't look for more ways to limit things. Look for`ways to manage and improve the inevitable... One last thought, for those of you who are concerned about land use, go to the DEC. Ask them for an analysis on how much land has been reclaimed to wetlands and forest over the past 2 decades'due to the decline in farming. Compare this to the land use for new home development in Danby. The net is that we using less land. The notion that Danby needs a moratorium will be dispelled by any reasonable person. Let's get focused on items that will bolster"pride of ownership" and bring a "heightened sense of community back to Danby. Thanks you for your time. George Blanchard This letter is signed by Danby residents who oppose the direction that the Town of Danby is leaning toward . Name and Address : a W. 07, / S'd ail 7 V YI LL e it 12d �W-0 Af A 17 � A ny 6&-&jcq SS CO M , e This letter is signed by Danby residents who oppose the direction that the Town of Danby is leaning toward. Name and Address: 0 '41 . tall . f• This letter is signed by Danby residents who oppose the direction that the Town of Danby is leaning toward. Name and Address : 303 ;TERITY-AUL p _ � 8Fs3 Alli G iy�83 kt-piqj-) IZ s Al- V 119,93 c,� 3Lj 96, n de Fm as NI I ilec<s cc 2 jCI'39) �Wdn This letter is signed by Danby residents who oppose the direction that the Town of Danby is leaning toward. Name and Address : ro �. ��VLO s14: ' a AA-6 5 �l (P�' Al .J__`�A MY )q 8 So czeC Z q 7MIQ1 Page 1 of 1 Subj: moratorium Date: 6/4/04 10:51:39 AM Eastern Daylight Time From: sgg4@cornell__edu To: phesler_@second_harvest.org CC: mimiwaltsz@aol..,com Hi Paul The moratorium will be the subject of a public hearing on June 14 (7:00 P.M. at the Town Hall). State law defines what is part of the official record. I suspect, but don't really know, that the law simply hasn't been updated to include email. I put the disclaimer in so no one would get the impression that their emails would be a part of the record if that is important to them. Comments in writing are a part of the record, for those who can't make the meeting. Can I get you to join the Comp Plan Implementation Task Force? Cordially, Joel Gagnon From: Paul Hesler <phesler@secondharvest.org> To: <danbytownclk@aol.com> Subject: moratorium Sent: Thursday, June 3, 2004 1:54 PM hey joel, wanted to know the date of the next town meeting where the consideration of a moratorium will be discussed...i live at 108 fieldstone circle just down the road also i a wondering why emails to you would not be entered into the official record if in fact we would be unable to attend the meeting thanks peace, Paul A. Hesler 6D Executive Director :\�V Food Bank of the Southern Tier 945 County Rt. 64 l�J Elmira, NY 14903 607-796-6061 607-796-6028 FAX phesler@seco_ndharvest_o.rg x n, Vv Friday, June 04, 2004 America Online: Mimiwaltsz 0-0 Y'6 U.O p Off. 1 0.U 8 O 1 ❑Y YES v d • O . Y � � pa'� o �C7 a � ■ y > o a2z FA p o o -o tD 7a �w' � � 4 Gwo O ° pro 0 3 on yPoo 0 o �� z � ;? v n o Yi ❑ o0 ago ago-r3 �°-o U. all o ° o aQ^�ox /Q 5 Y Q> U o O o'C)10 � u7 Qo�oai o. oa cr 8 .� E o •n ° p cnE ° J q(� b b ..O1.8 w. AE uc, OE E �� cd O U U �, p G cC lr N C -.�N