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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. of DANBY Town ittOggE Local Law No. 2 of the year 2004 Alocallaw PROVIDING FOR A MORATORIUM ON RURAL LAND DIVISIONS, aletliTitICATIONS FOR AND APPROVALS OF SUBDIVISIONS AND APPLICATIONS FOR REZONINGS Be it enacted by the TOWN BOARD of the (Nu.e of ayidatn.e Body) cargarglif 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 11(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.) (1) DOS-239(Rev.2/98) • 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.., 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 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: 1. Land annexations. i• 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. 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 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. • (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) _ ( . I hereby certify that the local law annexed hereto,designated f y y grated as local law No. � of of the (Town)(Vt1Iage) of--- '�- was duly passed by the .. dr_C�. on �-f1 _,•__- T_, in accordance with the applicable provisions of law. (Name of Legislative Body) • 2. (Passage by local legisla e body with approval, no dis• .proval or repassage after disapproval by the Elective Chie xecutive Officers.) I hereby certify th• the local law annexed here -, designated as local law No. 19 of the(County ity)(Town)(Village)of---- _ was duly ssed by the 1 • o. 19 -__,and w (approved)(not approved) assed after (Name of Le;iel• ve Body) disap. oval)by the • and. as deemed duly adopted on 19_-_-, (Elective ChiefE.recu'•e Officer•) ✓ in accordance with the applica. e 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)(r assed after (Name of Legislative B y) disapproval y the on 19--- . Such local was submitted (Elective Chief Executive ate') , to the ople by reason of a (m)rdatory)(permissive) referendum, and received the affirmative ote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on :: 19.--- , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption 13- •se no valid petition was filed requesting . referendu�X I hereby certify that the local law annexed hereto, design. •-d as local law No. of 19 of the(County)(City)(Town)(Villa,ge)of was my passed bylie on 19---- , and as (approved)(not appr ved)(repassedr (Name of L ulative Body) / ./ disc royal)by the ,!� on 19--- . Such cal law was subject to (Elective Chili*Executive Officer.) / permissive referendum and no valid petition -questing 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 concerni' • Charter revision pro osed by petition.) I hereby certify that th• oral law annexed here , designated as local la o. of the City of having been subm. ed to referendum purl 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 tion of Charter.) I hereby certify at the local law nnexed hereto,desi. sled as local No. .__. of 19_-_ _- of the Count of � State New York,ha ng been submi ed to the ele ors at the Ge ral Election of vember ,. 19_-_-, rsuant to sub • isions S and 7 section 33 the Munici 1 Home Rule L , and having receded the affirmat. a vote of a m ' rity of the quali ed electors the cit- ies of aid county as a nit and a majority the qualified ctors of the t ns of said count considered a unit vot. gat said gene 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 unty legislative body,City,To r illage Clerk or officer designs by local legislative body Date: % L°i� /CO emAQd (Certification to be executed by County Attorney, Corporation Counsel,Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF f r 5— 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. 77 Signature' signature' TD A 14 a ' —7 Title County City of t3 — Town Village Date: �1 I f (.) `I (3) • AFFIDAVIT F PUBLICATION ,. O • TheIthaca popnotes'Yonmg, re uire vi ments and'nb exten'son'of'd an exrshngg'or Creaho`n.of a}ci . JOURNAL n_ew publicTroad,orpubhc Si water or sewer foal rs r;Iii valved „ " " x re 2 Rezoning Reigning rs la • • the enactment of a,change sd in" thetzoning dassifrcotion't ' State of New York,Tompkins County,ss.: of any lot arcel'fract or area of IandP i1 t �f:g qr 1..- :e c\ (_'. �c .� being duly sworn,deposes ands 3 Rural landSDrvrsion irol r Rural land FDrvrsron ..rs o ggri t Conventional Subdmsron ofjthr says that she/he resides in Ithaca, county and state aforesaid and that Iasi innlo trio ff2) °' mare r,g lots m which al(lots contain Bo. she/he is Clerk more than five(5)acres`ex Da, of The Ithaca 1 cludmg lond?wdhm a public;).: t road nght of=way) and all the Journal a public newspaper printed and published in Ithaca aforesaid lots meet all other pernnent car +zoning requirements and ggra i no extensiOn'of4an extitin bei and that a notice of which the annexed is a true copy was published 9'"eOf1On°f°sew Paste °ff �`lro.d o:public water or sew Pldr in said paper ter uhhfy is involved x =1f wilt. G s104';, Sub djvi r A subdrvr heo l'4:-:J6 division of any the<i 1 -1 01004 parcel lot$land into two=or ',1.114 moe;lotss_parcels rsites:ortpeal other divisions of land.'•foi subs GlmmedrditeT or�;.,fulure#uset?sign: sale,or transfer The term'" uncle subdivision", ii dudes"r'the s nanc �A creahonlof andrall5ch nges thafs' and that the first publication of said notice was on the (� Tri tip highway dnd4lotilines;Wiwi whether ory not hew building A 1 \ f or jle efopmerit rs'to+occur pea( day of 1!Is�YJAY 0614 This Tcterm�+; 5 uiclucles B . 1 resUbdivlsron and when apTsuffer \ propnate to fhexlcontezt ra resi 1•w hdL. �, shall! relate either to;the1thr Ic process of subdiwdmg or,to�cC :1 • Subscribed and sworn to before me this thelohdsubdrviled t�.r vanai �l�' Of tS SubdnrsionRegulahonsofitfii `� p�� y^„ Q,�^ y •This;reeffersk to the�"Sulilrvi;i hav; 2U a Sion R ulations,of the Town on,ih of ;Daub'y *#dew Yrk."••wlfd`i adoppted by the'Town:,of tli TO Danby Planning'Boardloh1;D . V ZDecernber 5 1991 and ap..vt Toni u^�— ,pproved b,z1.1-the Town 'of�Iandjl Danby Town Board on,De a he IP camber X11 ' `1991' etas'proceE Notary Public rdmended by tfle:Town:of regulal JEAN FORD tDanby IowmBoard on Sept'tows s tember 9 1996 .,j i once 1 Notary Public State of New York ��6 ZonmgtOrd nonce Th4.Danby refers to the "Zoinng Oidr,, 2 <i No.4654410 naace 4r of the 'Town t+of;cont6in Danby,'New York" adopt dude+6 Qualified in Tompkins County NOTICE IS HEREBY GIV edEbYthe Townr Boa drop slew e .EN:that at'a'"'g16' meew"i,'„, mber, l li i1.991,*r'and,;qurred' Commission Expires May 31;20'Q� Ling=held'on,a;r r, rd" amended, b'y th . ]own-veto mi of Sepfembe'20h1PY, 46iStd through sJu a sal+ P rTown+Board}oFthegTown,of 2Q0 d !4Yt x `*N is; r essed Danby dulyaadoptec a Igyol arSechonF3 Prohrbrhon of.'Zomngi j w=entitled ;'AriOCAL SurviAsrons Rural}andr�the dbsi y,',F PRt104:5 4 FOR 'A Jrsions,and Rezonmgs Forum ; ' MORATORIUM ONs*RURAL a pefiod1 ofyone;hundred;3 Tf IAND TORT ONS rAPPLICA•aerrgh�'dayssfrom',aheseffec :considei TIONS,FOR+AND AppRO ?rvefdatefof�this local law .appeal ;DAIS OF1 SUBDIVISIONS%rland divisions#osrons+ryra cedurea' �AND,i APPLICATIONS�FOR rt(ezpni gs chtena�I REZONINGS" to ,41 4lslta'I 6e permitted"`or esta #ofIZoniri !xi LOCALtLAVIf NC►,+'2 'xlrshed mrthe Town oHDanbY,and,h'e 4 4,,a<�fiOF20 4;,11 "t except"as,expressly permit-ia`nancee" A LOCAL.• W s,;,tad inahis'local lOw. at: Townvofi PROVIDING FORA rot Sectional£Impplemenfahon durance M N 'of P ohrbit+on Exce t a's ex' d"fo11i ORATORWM•O r >t RURAL:IAND i-P,“-sly pern r ed,.in'this lo• said app k 1 cal Jawtfor'lasperio"d of ones.ceipt o ; DIVISIONS,r APPLICATIONS FOR ihundred, eighty6 days froml addiho a� effechve�dafeio th'1'1?-.`;.I Town Bc ,,,,AND APPROVALStOF 0 he t . ,SUBDIVISIONS,AND{&"cal law 7 d,yeA s!h ,r- ie io n 4APPLICAT1ON15tFOR '-No'rTowny' jpt;'alkEauthou ' rs accept fortfrhn pan a ` sbfn -- EZONII�GS „. 1 x er to 9 , Y it pplr�,discrehon 3i, ,,,>P r - .t�.' cation fora subdivision orsa the a rpr a i Be it egac1ted fly the Town>rezonmy r 'f tk-L �+g:Fsion ofltn t Board:of the Towri of Danby 2 3}No hlmgr of:a7Rurolsp"`act tosl as follows r g r, ,, ,LOnd FDivision in they Office appeal,u Purpose'n� F fi 1fi9s a�Cf'Clekhnor n°thekOff ce of the modif cati Orb ,Jo i wn Board Of the?Tompkrnss"vtcountyfiaDe rtj3kplleviate'�t °Town of�rDdnby by Res`olu ment of;Assessment shalt°c�{phvrJshili`. tionttNo s67.kof;September cur, 15+< .�v tam aiipbcant of X22 r 2D03 ado tedr rthe l t+3�TheF Towq�Flannmg rance5or m `2003,Town of,'Danby Cord-Board�sfiall not 9branfkany tsistenf with p'ehensivePlan f i r toedr°s alil;fnot,provdeis+on rehensrve 2 Section e272a of Town. , p �� ariy�lhe5profe'c +law of the!State.Of`Newrrecommendahon Ito a the safeyEon� York,,ilf,;Town Coinp eheR-rt?V'nsBod withlrespectito resi ents"I'o sire Plans; ragg aph'(1 aI.O retonmgrapplicatron ''i^r "'Sr,j U , • i.requrfes that'�,II'towri land 5;-5,,,;;;.,,-,41+`fhe�Town ZOnmg,Boar'd�suefi a van r.' use.regulatrons mu"st"be ink.o ppeals',shall not grant ho`n;tidkcoin accordance with a_compre;°ny variance aelatedAtp d',for'subdivrl hensrvex;'planYadopted'pur subdivrsion,apphcahonvor a°quuestingdc1 suant to tl section= .tAbirezoning gpplrrahon f, rural landed 3'00It3ril;necesaryito+ret`t 5�Thef.CCuode�Enforcement pplicationl'fo view tiie present Zoning Or Officer shall not Tissue an ibesubmiff' dmane,and 'Subdivi n minorglaTnd;division permit"'Ocessed' TReulahorist`to ensUre,fhat boildmg�rpermit�tor4tzotherJ c des;; , fhe,TOwn's land use regula."MPermift-gr'letfer thattwould rggulatrons{ >a, tions are'in accordance wdh`result in support or initiate Danbysand the't'Comp,:rec&srve Plan °subdivision rural Iandfdr for tliof+s,l ;'.and'with the lrequirements off v stonior:rezzaning,,y t i 4as,if this moi Town Law Section 272.4 r ,ISection 5 r Exce tions rbeen,enacte f 4#Th review,is?also nec�Notwithsf°ndmg ltheP'p`rovi� ,Sectio�i 71 essary`in order tti rotect they signs of Section 4�above ers°on 4s' ° 'healthINiiFaw a,,.,, eis..,,,..theh enactment of Ihii•a4v iuYP 're2 the land subdivide9 ? valiance from the prowsrons� ;before me this -� �l\' Of S SubdrvisfortRe ulahons�of4ths locaIiaw{w111'�not I y This refers to fhe Suk�lfvFt haves d dgtnmentoh it pact;• l �� c slop Regulaf fonsrof tape Towner ori?fh•e pis lth safety;,and' '( `of Danbyy' 1New York 1 t welfare?of theMres,dents of,; adoppted by the,wTown 5of�he Town ` ; rx i f- ?, `Danby Planning Boad.ton, D Evidence that the�subdf 'Decembers, 1991 andap-`vision applfcationrf rural` n p / proved by ;the�Towna of land�'ilmsion or#rezoning l )4_t�w ;,anby Town BoardionsDe- a Itcaho^ if emitted.to s PPn �"IP f cembert; lf1 a 19,91arasjproceed under fhe current', Notary Public am'ended,by,rat�he�,Town�of,regularyonsrori3marices,andI Danby�dpby,ioard ontSep flaws wouid'.bes`m''accord" JEAN FORD femberf9'1996 t c.- ai3,ances 'ith7 the;°Town•of I -6 rZ, ..ordnance ,This Danby Comprehensive Plan Notary Public,State of New York ''refers toy°the "Zoning'!Ordi f 2 The oP hensiv t"must^• i Dancer ofd th"0.4'.6,',.--,,alit-''''c Ton��of,contain all ma enals candun n No.4654410 t x • z Danby,''NewAYo} ¢sai lude all apphcphon�,99,.,;..,..f.'d're i ed b the Town Board,on view fees"that would e re• i NOTICE IS HEREBY GIV Y�, �` ,t ,y s Qualified in Tompkins County EN;that of a r• e`ula{meet- December .11 - 1991st and qurredrfor theo;panc�utar de-"1 -. held on`the 3th da 100,71ed=13 ilia +own veto menf�sou hfklf'the a i Commission Expires May 31;20'�� f Ys Board rh�auyrt P ", s f>. :o Sepptember,2004,the ' ghQ June y11 'plicahon wererlro„be proaX `Town>Board of the Towri of 2Q01 '+ t` '• ''kl s4`xst, fessed„,„,,,,....,,,....,,e,,a ` l to the fDariby duly adopfe 'aria&alv.'Section 3 3 Prohibitiot oftiZonn-....E3 o rrd f ppeals ink fo ” n Sub iivlsions Rural4,and Dr the-observe of tl 1 t<,rr fl LAW PRtQVIDING1 FOR,..,:w4,.v5101 and=Rezomngs For um",a s`:'S ` ,4 1 MORATORIUM QN,RURAtz°tperiod;.:ofl oaethe.A.red�+f3” The TojvnrBoard shall,• LAND DIVISIONS,AP,PLICA+elg�tydays from*theeff ee�consrdersafd.applicahonfor TIONS?FOR AND;�APPRCIt %e ewe sub`dhw ions rural cedpiirels pursuant toeshe a d` WALS*IOF SUBDI ISIONS t, SAND APPLICATIONS FOR.rland divsrons or rezoning"st'cnterid by which fhe Board rREZONINGS" tt shall�be¢permf�Fed�orre;tab off Z'oningsAppeals receives; "▪ LOCAL'*LAW2NOi2�'N•lishedfin thexo n o D nm y aardiance ras P.scab ns far 'IF2 �-�:OF 20Q4" t ; P y P y;P -, p< ft ff 'A?LOCAL i(w �" red fn this local law r'c Town .: :., byrZoning Oryt. 't PROVIDINGjFORtA'e'3 ." Section 4'.mplementahon dmonce and Town Law yr sMORATORIUM ON1r of Prohibfhon EExceptas ez Q�,Following.;theireview,of4; pp r tiny* RURAL LAND't. P Iflaw`Pfor a'ttee od`ofsone saidt�of'landtf n a d the r• err o DIVISIONS P P,i , yj ,,AP PLICATIONS,.FO• RS';hundredT`eighty`do°ys from addihonol" mformahon mthe!t AND'APPROVALS OF theaeffechverdcl*9f rhis lc Town'Board may+,re uire'+�{ a�� _ 4 Kcal law'',;.1.rt ?t* T.d ., r a SUBDIVISIONS,AND 1 a l the,Town Board shall a"ve �` 'APPLICATIONSf FOR ``' yh, 'n Offfc al shall"°utbocll aIegfslative• ' REZONINGS Y accept or 61ing any appledlscrehon tova or modfy s� �t ) s i 1x 4,,l'''''' rr , sg.1,�(�ead ,cahonrfo9 a s�u .,,,,sionjbr a the,gp hcahon,o ny pr...„ . y rezoning{ v'4 .4 sloe of tthis IocaRlaw with re-1" Taoa lit)fh' own01 DanbyrLand,,D vfs,ofnfr nr the Off-el,appeal upona is tdefermino- ,•,▪ Seed,•itSlrk�FlrtdPgsiandeClerk▪ norTn hekgfflcesoF he`modifcahon Is4necessaei,-,, tPul The'Town Boa dtof the• Toinpkiku aunty` Depart`alleviate the1''signif ant'. 'Town ofl Danby,byjResolu•t'ment:of Assessmerityshallsoc' hardshfp�proven`�by,the�op-d' ;lion ti• 6761,139 ptember cur p' 1`� ' T pllcant�yandpthat such var`,.•'22 sf 2003'adoptedr' the't'a'3 r��Tlje.Townggy Fla`nng4 once or modification fs con-i; "'2003':'19‘"?;.-,pns panDianliy Coin'aPProvnlsjfofatsub"`d vis on p ehensive tPlanl and Cwi fit t and sh`allcnot rowde lan th x rofechon Of the healthy P w'of Lion 272a of Town recommendation to s fhe.4;thi P and welfare of the. ark{o,, ,,,,.. aComfr'eheo--Tdwn{Board wlthgresp cf#to5resf ntsfof`the:Town�r ,, sive PIan4 PpF towr�l l(a1 °4ethe Town Zoning Boa�dt"su h a"variance o rmodliicas requires thal 411 town land p ▪cordanlaef w th auscome r,- anysvareialnee,relatedr to a fo[s`ubdry sionte oPleltterrlre-' ti r v�siibd,wsfon 9.F.,,ahon�"or a;queshng, iass,49cc,,nJ'of e• shensfve PPlanaadopted pur ,..,14,,'I t �}, � ,�1 suantfa thlssection's*,{1uj14yeZ6ning opPIcation rtr' rppural,landrdivfslonftoran op-; '33'`It is necessary,to re- ffice hsh`aLll deoE▪r issue ant 15.F6' 66m tied rezcac!sgl be` fe rrthe pose�tZo visrotmtnor land di"vision. ermit uprocessed ays' rovided m; hdmanations d Snbdmswn buildn a e rit or P Regulagons fo'ensuremthot M 9 P f . 'other herrcodes ordinances and,, lions are rn a«ordancegwith' e,'s1�ItKm'rsupporrfthoriiiihafe4Danbyland hehTowon;Laws t, a s1 5ih ston ,e','Fland d1 forxthatxt`ype o riurn, ication'•: the 9 Comprehensi4e. Plan u , and with the re ufre`ments of`jYfsfon or rezoning 4_'x=t° as`if this moratorium had:not? Town Caw:Sech on 2 2a , `rt.Section z5 .Exceptions been�enacted 4 �'`', ' 4 This rewew is9me",nevi▪ `�otwfthslandng�llfhe3zpiow.,Iti Se`chonti7,Penaltfes'e An essaryIn;ordertozprotectthe s,on'tofaSection 4�above person subdlnding o health` safety andAwelf..9 the enactment of��his locallrezontng property tfn violo-• to ih otectdthes Totwne'sTenvi�Idw n ha0�not affecAtthle �`Ieoct�to'the enforcement em- P ronmental resources and fo 21s Rezonlnn s mifhated b r fbrfhkin Secfi ne2618eof'fhe_•`prevent tick co,,,6it nc!r▪ot the}Town Bearrd of thehTownt Town Law of the Stafe'ofi land wf fch couldlclrcum▪ ,of Danby-onz'Its ownxmo- Ne'w,Yorks lnf fhe event of went rconnict and/or be`In r =consistent;with°-em.t.ompre•'tion �'�i '.i&i ;iY unlawful,xsubafvlsfon rural: ;•hensive'Plan. v.i.S .,r«1'",,3• R`rat Land Diwslons land diws<I. }or rezoning 5"fhre continued rssuan a,Offices:ofo the▪fi ompkns.:'die available to,fhe Town or approvals of subdivslons i� >*�5 . -P > r. f, ., County Clerk and the,the ro er out onhes of thef and rezonings"and ifiefi�as 3 r5 t . , i_ eP, P h a_:, ?r- r `vTompsrhhn. my Division of TowP�maytmshfute any ap.: signs unde1 thercurrentt le`s As'ses;me�rbefore#thereffee propnate,achor'or°proceedli - v,,, -4 rive date&ofthis local law or lm toT anion ' revenf r,re_ lrevrlewedt fa4,- s eofdifled 1(x-have gpphed for andsstrain,corrector,abate'such ,r a a ��f +race yeah etrerc1:0-6,ffh` violation"anon construction. +fw•htererfound detrir ntesso-}Codet`�Enfo cement 'Officeor occu anc fin;violation ofs ry ma` be�,detrtmenfal o�.�, �.,e, , x �� s P Y . ihe'lgoals`and ob echvesf f PnaAl6:4fhat-effective date thisFlocal law= •' ��, r: ;theComprehenuiv Plan ,onfrlen9"uirements atce cflaw shall'Term effhiit fora i 6 01It will take at least pne.-v'ith. 4 neq o, pd { n h ndfed e5ghty days�for"che at I�e h eel in thezOffc es e,gtity days from its effective` Town. cam Y;ce e9ryoc„of,ifher,•Tom`loss Coun"ryd,a pav dad rhoweve!; ;:+Zon neRi d nonce aed Sub- Glerk and,z he"i'i+Tompkms that penolf)csection shall= dmsion?ftegulahons forp ac` men'w• 'fthmf62ndafy s of that fee(affer'sudh one hundred. cordancelwrt.. the Compre r k .s y s „c9r., e Plan fo cdnslde,sthe ffvechve date of fh1s�Ioc �e gppose of 7�Posecu ff^or a• cne,• r condusibns of such study.to, 4 I Subd visions appro ed4vi iahon'"wph,cfi`'ocu rred' tion t i is s rdeted ined lot.by th Townr'p riar to Phe5ef during such one hundred' lion If iio '0 determined for e ptr elm gr 1 {'be necessa ,rPor a ro r1- teethe date o ihis'locgl1la , Righty,day,perfod i r„0. ate to a nduct fhereepu lsteb`”here�pre hminary`tt.k.o khnal>{„+S�echon�99fF�'Apphcabflity ublic hearin s ona`uca le subdrv�si,on'v3.approval"Mhos Thls localjlpwttsfiall apply to' ?+ • *s, O-s g• beentgranted;or where con- alltzoreas of the,tTown of Boardn lid the the n Boor g sae foal o`royal from erthei Danb" u d ' Boardiand�thef�TownBoard xp pp, , F Y F'_ - thesTown Boatel or Ian i to ado t(such le islahon 1 c pP n rig Sechonrl0 Partial Invalld�S • and col givei,the` r quir i Board,has been granted or#sty?,..fny prp`ovisfon of this; I public notice of adoption, 'vhereYa iMinor and Di i)awssrrfound,,nvolid,by any ry x P ,1 s pp4 ! s'wn Permit has been"13sued court-off competent unsdic I Sech n:2 f` 6ttio ons s aw ,1-�. t , h I . For pilrposes of.tthis' local oe mwbere sncethas h t I -80,1cf n`nother��'fowsl,not. ■ 'law the ;.following- defirp7sPiredl"ursuanfgto the ovi•Iof thissiocal law Phich shall. IMons apply fo ca▪rton terms si +, P r� k„i.,4,-Don P{ w s 1 land Annezation`t Land sfo�s(of�t-,Town obyfremdmrm full force and,ef- annexahon lsstfhe trarisfer�of T wnivof Dae y,Zoning 0e� Sech ri l'1'1,,,,-.Effective,v-Date title of land frSin Its°owner,, a^rice-,or iiiby- wn Law ofs This local law'shall'take of-': • ^conaohda sob with aij abuRrme`Sfatefo�l`ew�York Inefdfect mmediatelyupon hhngi tng'lot�rppror Ided th aP-4,4 fefival ohes`sfuae of on m the,Sf i,the to of ilatafer i1ri the, -such transfer,the iremander}:p o u n-. r d, ,4et rY 1 • .,.i t f th'e 'arcelff bin which fhe`case exceptiona6ased3on Stage ofsNew York or fens P a c+pnceptualopproval ”pro tda'ys diter�pubhcahon°of this^ iransfeg4ls made meets °p zc;:.. 1 iw ,rid. t�� . ," s� i �1� f . i ' s'7 i ,1141 STATE OF NEW YORK DEPARTMENT OF STATE 4I STATE STREET ALBANY, NY 1 223 I-000 I GEORGE E. PATAKI September 24, 2004 RANDY 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 bis (1/ , 8 9 (/n i /5 - -<,, .C)r)Al/ ' //7A 4/ , cc) a{" \/-) .rte__, _ :• ----- —lam I i WWW.DOS.STATE.NY.US • E-MAIL: INFO @DOS.STATE.NY.US RECYCLED PAPER i i Secretary of the State of New York Department of State Bureau of State Records 41 State Street Albany, New York 12231 I Re: Town of Danby Local Law No. 2 of 2004 1 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 Ithaca, New York 14850 A(.) Thank you for your attention to this matter. Very truly yo , attli(j, ,Ita/Y14-1-'(---; Carol W. Sczepanski Town Clerk Enclosures Certified copy of Local Law xc: Attorney Richard Stumbar r TOMPKINS, . r 'i COUNTY f Y r R R �'c $ 3i g `� ti�4 � hi,' 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 0 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', \ . 1 Phone: (607) 277-4788 Fax: (607) 277-0559 email: danbytownclk @aol.com (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. 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 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. 4 , 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 ,F 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 TRANSMIT CONFIRMATION REPORT NO . 001 RECEIVER 607 273 2156 TRANSMITTER TOWN . OF . DANBY DATE SEP 15 ' 04 15 19 DURATION 04 '00 MODE STD PAGES 07 RESULT OK V x4TOMPKINS) ' ,-,,e, -„.r,`COUNTY � - 1NjVN OF DANBY - TOMPKINS` :COUNTY `_ ‘4'r''a4 =p r 4c k TOWN CLERK'S OFFICE 1830 Danby Road Ithaca,New York 14850 FAX TRANSMITTAL SHEET 'qq3 _yt .A DATE: — / - t FAXED TO: - `U �G( /J.Q. e - 1 -- -; A7.3 _. / 6.---L FAX NUMBER. FAXED FROM C - —ems . 1 TOWN OF DANBY - a NUMBER OF PAGES (Including Cover Page) COMMENTS: a ea> , e) __,.; ,,,,,-2,4„,„) iz ...czeze_e___.--- -_.....e-,---)--4___—, _ v „ . , ..• . . _ . _ _ . _ _ _ . •,...... _ . _ _ _ , ._ . Phone: (607) 277-4788 Fax: (607) 277-0559 email: danbytownclk @aol.com • AFFIDAVIT OF PUBLICATION The Ithaca JOURNAL I . State of New York,Tompkins County,ss.: TOWN OF DANBY: i 1-_ C •- \-1-`l being duly sworn, deposes and .PUBLIC HEARING ' NOTICE says that she/he resides in Ithaca, county and state aforesaid and that PLEASE TAKE NOTICE, that the Town Board of•the i Town of Danby will hold.a she/he is Clerk of The Ithaca public hearing on Monday, June 14,'2004 at 7:00 pin. Journal a public newspaper printed and published in Ithaca aforesaid ,at 1630 i Tompkins County,by B Ith aacaca, , and that a notice of which the annexed is a true copy was published New York l l consider w d: ','A �ing,p local low entitled: "A I LOCAL LAW PROVIDING In said paper I FOR A MORATORIUM'ON- 1 RURAL LAND DIVISIONS, • APPLICATIONS FOR''AND • (1 -)0°4 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 persons will be heard ei- ther in writing or in person. • , A meeting of the Town day of :3:3-.6e.., j ti o 1�( I Board will follow the public hearing. I ; � C I By Order of the Ln `iTown Board Carol W.Sczepanski, . Subscribed and sworn to before me this /C ay of . Town Clerk Dated: June 3,2004 .200 June 5,2004 c---D-..)2_6t,-,...._ .,' Notary Public JEAN FORD Notary Public, State of New York No.4654410 Qualified in Tompkins County Commission Expires May 31, 20 Q / .. cb y .c=) ti ;' r— TOMPKINS COUNTY Tr' 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 t. 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. _ ^ 9 {{1 qSh. 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 @jimhovanec.com To: rdietric @twcny,rrcorn CC: marge@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, - ./77 /4 41A-6/A/C Vii` L. Patrick Caveney Judith A Caveney 77 Gunderman Rd. Ithaca,NY 14850 TOMPKINS COUNTY TS N OF DANBY - TOMPKINS 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. 0,I / Carol W. Scze ki, Town Clerk Town of Danby Phone: (607) 277-4788 Fax: (607) 277-0559 email: danb_ytownclk @aol.com ef:)) (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 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. 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 Moratori urn 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 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 v q � TOWN OF DANBY 0 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. p. TOWN OF DANBY (I PUBLIC HEARING — NOTICE C PLEASE TAKE NOTICE, that b, the Town Board of the Town t' of Danby will hold a public hearing on Monday,Sep- - ternber 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 APPLI- _?\TIONS FOR EZONINGS." Copies of he Proposed Local law may :e obtained'from the Town Jerk during regular work- ng hours. All persons will be heard ei- ner in writing or in person.. A meeting of the Town ■oard will Follow the public searing. By Order of the Town Board Carol W.Sczepanski, Town Clerk )ated: September 2,2004 I jblish:September 4.2004 1 .,L CO ?Y (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 • 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. l • 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. 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. • 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. 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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, (J PUBLIC HEARING ; NOTICE C PLEASE TAKE NOTICE,that bl the Town Board of the Town ti of Danby•will hold a public hearing on Monday,Sep- tember 13, 2004 t r 7:00 p.m.at-1830 Danby phn2-mort.04 Road,' Tompkins• County, Ithaca, New York to consid J ter enacting a local law enti- jtled: "A LOCAL LAW PRO-j IVIDING FOR A MORATORI• UM ON RURAL LAND DIVI.1 SIONS, APPLICATIONS FOR AND APPROVALS OF; i'JBDIVISIONS,-AND APPLI- \TIONS FOR 2EZONINGS." Copies of ;he Proposed Local Law may' ie obtained'from the Town/ Clerk during regular. work- ng hours. All persons will be heard ei-1 her in writing or in person. 1 A meeting of the Town Soard will'follow the public tearing. By Order of'The Town Board JCarol,W.Sczepanski, Town Clerk fated: September 2,2004 I 'ublish:September 4.2004 I 1 , Page l 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 rt 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: Iegals @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. »d.4. Thursday, September 02, 2004 America Online: Danbytownclk TOWN OF DANBY FINAL DRAFT - PROPOSED LOCAL LAW PROPOSED LOCAL LAW NO. I F 2004 A LOCAL LAW PROVIDING F S - 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 ProposedMoratoriunl 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 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 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 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. 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. 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. _ - r { diays /il' /L- P (i -/.1('' fccgt-ca,pzepilAayti 11,) cldb ja/rotict, A66\-/ jilt&floml 7140-vs €- Acii/k6 3,441,1044 6/3�'/, i;;u.j-t-1 .Pea, f- / Or i-dge1/4,P) 1 Hp,„9 r�l� /74e) 4')/ �1 726 'KL111111 w pi M,4y �-f Virg a, 07,May 17,2004 �� V� e3 ; - 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, - I am writing to you on behalf of the residents of the Fieldstone Circle Subdivision,comprising the • of Fieldstone Lane and Fieldstone Circle. We are requesting poor Subdivision condition prior streets o summer of 2004. The streets are currently with asphalt during the summ construction,the harsh winter,and delayed maintenance. Hall regarding this matter, and he has indicated that there is not money ar which I have spoken with Bill H g on offing oil and stone down this Y asphalt would be the budget to pave the Subdivision. He is planning p the streets will costa proximately$10000. Mr. Hall indicated Laartie the cost to put and Circle feel having �� P approximately greatly 0. h n residents of Fieldstone repairs have had to be made every eatl enhance the quality of life within the subdivision. We feel that paving , paved would gr Y asphalt will lower the overall maintenance costs of the street, as rep - ec tion of Fieldstone Lane and Fieldstone Circle where it has been paved the inters -_ year,other than th with asphalt. - matter is resolved if the We would like to request that any work on the streets be halted until this .` prior d rior to a discussion of this matter, any costs saving would be lost. oil and stone are put factors that would Please feel free to contact me to discuss the status of this request,and any prevent paving from taking place this summer. c rely ___ i Ctri / i ..\_ (, , e, . _ . , azg .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 \ _ i ,, ...____ „• De�. y ki .-***/ 6 a 1.----/id •sinbdents . '• spht..on . '_. : lard , , , Panby. -— 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 Journal Staff Large.landowners,especially farm- , the possible loss of the town's rural + ers,voiced concerns that the morato character. DANBY — About 100 "What ou have to understand is ; Danby residents packed into rium and resulting zoning laws would hat you do your land affects the town hall on Monday to ' ' . prohibit s on from selling their land, y Y voice their ardent opinions on a ' which they depended on to pay for your neighbors,'. .said Jonathan retirements o'r college 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, supported 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 and worried that expensive housing plain would stall new develop- . affect someone's view. developments would raise taxes in nient 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 up, she 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:nneaves @it aca.gannett.coni with any subdivisions,rural land 1. , divisionsor'rezonings after the; • —— _ _ moratorium is put in place. . "We don't.and I don't have 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 revise the zoning ordinances to 0 coincide with the goals of the , 2003 Comprehensive Plan. ' "I don't see how we could possibly work . zoning ' ' changes and tak on all the applications,"Laurene Gilbert, , a planning board member,said,. ,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 219 Buttermilk Lane Ithaca, New York 14850 10 Ififp July 13, 2004 co ,• J Mr. Ric Dietrich ' j ',.,) Town of Danby Town Board 1830 Danby Road `COQ 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 yours, 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: joelpgagnon@hotmail.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. DAN BY 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 IBy 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 R'=C`f June 8th 2004 JUh 08 2004:::-:x; �. RE: Danby Task Force C� tax payer. SAVO° Hello, I am George Blanchard. Danby property p yer. I apologize for not •e• . • e 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 town, it becomes most important that we do two things: Increase revenue streams and reduu?. 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. Will 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 : (107 cla,‘41 fr16- _-,/ 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 t s . F . .1 #- 0 This letter is signed by Danby residents who oppose the direction v. - = that the Town of Danby is leaning toward . Name and Address : if ate-& / 2, --c2-2,7./ /90 w. 7`!_/, I, ,1 % , 7 e t'ie6 3 i.. L ' ,1'.p //. t \\ 29- a,A41 (�P/ J' / S� - It k__,\.(,,, 4n q 5i< w n n N b"1 Ss f ' - 1 a ( ( t3` {),., . A te,,,,C-e(/�/ /el0 ' ,b la .I-■- • / _.(.: q 9' ,1; -*dede.,,d ,I,,4 d,z41,01178n 7 11110 -0-1- a /g „5---.-/-„---,4,‘ ir•,c�- 12"--W-d---42,//c;s.7 ?• e ----1\/1/41,nkk_j _k.). k. \.‘ • 5A,C7:14Y\ --,1A-4-A-■ 111.Pati fi Y 4- 0-y ,.. L-__/6_, -1,6:-.z y3 7 /3_,42 6.c.,-) ii,i 0 , .,)ici 'ili,, e LA i - _..0 s 9' e.S 7-, i.� •l.' ,, / y6 .//AL•�- W._ / /`/. - V' L - ' ' .' \ -e.-!_ L... 7916-0 i t ) A . 4 • ( Itivk)- z L',) • 7/4 1 M ,,, v. )U V i� r / / / -37 al,AZZ`/ 4v ///,.641/ /� JZ) 1 ,��L_1 , Ea kLY t /lL i5-e , , I I I/ , I I /I/ ..fif #4■ / '„do 0 /,'- j52' CaZI2X--25 .16( l '. . --C Z:' ✓_, 31 ./r ..,. • , - -- . A a ?`'- _o-z aOc9 c i-1,---------- 'S C.-1-,-o 4--c - 0 -- k.: . -... 4 4 I...! _s.:,...tiAi -4' -AziA. _A . 1 _ 7,/it, _ /j417/401 _1a i ''' IS oRM I. allef Igo 1 c,.. re" . -. — p4 . .., ,,..._, 1 . 4 This- letter is signed by Danby residents who oppose the direction that the Town of Danby is leaning toward. Name and Address: X47) 5A P /1-7-d5 0A7 7 "r2"Pi* i_- This letter is signed by Danby residents who oppose the direction ` " ` that the Town of Danby is leaning toward. :. . -_ Name and Address : '- / of9 `� et !�� `�` �J, / r (_ j r, 2 / ,!Leto /yam �- . _ , `i,n Q55 - 415111611. ' , , ) , . ,0-11 .4,0., ir • (foter,a.x,e,_ Gq9 7 1, Rd / Lgg 3 ipti� 4 %....,.... * Ar, , .� G - - 3�� mac- l4�u- S__ 1�0 05Ak i 1413 0: 7 4/ /, ij / 4 ae, , i I a`! 1 y1�-1 83 !! 2 3 drcf yI Lea . ./#6 a "-//t CGfAAQA/is ,6G1 /la 3 /_ W 9 f/, , . _ 63it led. ' 2 ,.,v(/ ,9( a_ . � i .np _ ,..,t, ,. . /es - LE_ - mi, , ((f ek-3 �` , , i , , 29 i// S) X/c cc2 At/ icij/ ■ `t)„,;„.< o/, )_- /�J Li-� Kcf ( i oacd., / 1`/ r�'.-v .,.. I. J 2 1-Iii( 2 ��c�t r ( f9 �? �. Li_ l g9 --' _ iody) Aolo / -1(t ili(Go2_1('X)e°4 gAce ril KC 1 ,,'r ' =4 : This letter is signed by Danby residents who oppose the direction •- '"= t '' '-that the Town of Danby is leaning toward. Name` an`d Address : _'_ 1111/4). skc, ' ex& ' .tiroact, /��5�I . , , frv,,.. 4/ -, ..t.xlifc' - C6( -,,,IIiler 4,_.., . ._ _ _ ' y/fig-5,r, •-:- . M ,.,e.- p i 32�AN6 1?,?. .1=44.A c'v, N y. p i 8 so - a - YO 9 ,�4e ,t iegPJ I frig?,..• _�..,_ . A �i1i. • cc�C , I -1S _ : ° . _ 4 // ._✓.' q . ..7 , •1' /,/ \_ ./ 4 i . AVIPII'r --/ ., AS'0 Ef )//1/4t ,-*/ LiAr/Jt' #pri 7rFS° • ��`I_tI � �� _ Lj ,'72 2 V? I ..Vi I // / a -4 ` ��o ice. ,. 37A .1[s/. 6. :...t/',- .r�/ - _!.c/ ..�� d`77 • • 9 10 Ar -7:11 177 Muzzy Road JU eel v ,� Ithaca, NY 14850 2 OO4 June 11, 2004 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: ! '� Ativ /l./ .��i Martin Sternstein ' Faith Sternstein Date: OV OY 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, . 110 Jeanne W. Lawless Larry A. S. Helmeczy 6 la 'o2 t Nnr 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, Charles Tilton s CD cam\', C\% 4 tif G 1vf r".""Th ,:____(J--1.- , , . _ ')() Pt6' ...------- • :_o____ --(-'-c--) ' . /1,0 S 6.ui---- & ,cA /KviA.\ 1 cou.to„fau .- ;', "A,,,,„,k,-)Q 0 .-- , eke,,,c, {;,-\-- ‘-i-- V\,( n ate, - \?;.:10ii-mi, Pa-fru- 4-()'/2 -- giCaP-A C6j)ithb'y VA ---, cao _ it - \'3`. --&-Hoa 0 k-m-lc( 142,c-r - ' 1)16iii ---= 33 5 Ie a f14-- `n-1,ze -r�J��- _ -• - 4,07-Lige-J62///nk,, _ __> ro i - itioit 7- ./-e_,_ ?. 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LA..,' , . _,,-,_, ./"-aj e7j ,,,, ,_ , 6 z2, _ 1 - 0`Y E -4/ --D--.e_a-e_ a 'uo----YL,-- / - ,Lt., 0-------, 4------- ( (Itc-CJ&PI-1)1/1179 //4 621-16 " 'I' ' 712 ; i&-e/rZ 116-1V6-a-A6?-4( - i (2e-1111)- -(e/--" "-- - _ Ai--et- - / - �, , A U__V/ r ----------T--7--------1 I" • . s La9.„ u - er),ND _ • • / _ (2/ , /010 Fy .1,e .TOMPKINS COUNTY- f N OF DANBY - TOMPKINS COUNTY 1830 DANBY ROAD (607)277-4788 Y°. 1 ITHACA, NEW YORK 14850-9419 Fax: (607)277-0559 CODE ENFORCEMENT OFFICE Phone (607) 277-0799 Fax 277-0559 July 1, 2004 To: Brayton Foster From: Susan Beeners Re: CMC Development Subdivision Groundwater Evaluation Enclosed are the following: • 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• f col C Z CC CC • t 1 = az ta p t.'. a. --r 4 •W � � Z o W. c� � Qv _ pia G ,..E" H � w c.-4 o"+ E-T Z U n ; w s 44 lErs..°1 ; , - 1' i:.. _ .0 Aim g 1 .Op,lC3 d �.Z� V 43 N chi 0 n P ` t M�/,�Q g, ^ OO �- y c S - + ..■:: tplS•lA 0 . T9F.8LOd w t N . ;.-.... I..'r .0 N. N .8 1 tv V C1 _ r ....-f. • t►6';� - '� ; N^ .+ 711% .��-. •52.• Y s s--11". C w ti /59 i ^� c' Bs 9 r c ° tg8: o a 49� 1� •, h 16 1 ,� `. I , Q eV n 10� .. SK �� 174 •::.:-i[ eY 373• w h a . so b <4 _Fi T..1 Ipso Y .. 1 O Q Y �j• N.. N 'w'• rat �:O go o k pp 705 s • ` .:• - 214 j .ZOO d A 992 X{ < o o N a I�r Q- �'�� eV " (,y !V a •S • ti O 0 ' le, 221 • 2 Y s 1R 237 s a1 T• < ¢ t s r w V w N T 1t7 _�to A 4 r, n� a �e a ! p - ' O rsa� II\i �t�' s q; is l`... fI U secs T V06 e Y eY� e� ...-r" �0 1:. C F.,! I ( . / t ems, o '• a 5ss s Sfi2 i - � ; / _ 1 ® ...,`... 1 . 0 c v aN t, II 11 '((y /may ( M7s _ • r°i - ( \ I Co I. - : I .1 j \ i.,-;" d J I x,e' : 2d 14&T:170 t'00? 0c •unr r' 9250 296 L09 •0N 3NOHd 9H[■ ,3•[0N3 •= 1 kJ- : WOZid 1 , 8 1+1' so Q , �� t.9 •5/30/2004 ;If v 1 r —=1 p■ g" Danby Planning Board Y C� �A '� Danby Town Hall Ithaca,NY 14850 r, ,� .< , �� lj e'¢' p� `�" fir"' -'' S'f; - _ . _ 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 nei 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 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 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 _ e2 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 tSN,7) 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 new 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 deieloper 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. .T� Since the large A 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 �,7 pollutants in such runoff from the new development. The Tompkins County _ Comprehensive plan explicitly discusses the problemc associated with such runoff. _ My husband and I use organic, chemical-free methods to maintain our lawn and _ - -_; - garden, but it is likely that many(if not most) of our 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 my land and potentially L r- water supply that my family and I rely on for our drinking y t Y into the =__ deed restrictions to eliminate the use of such lawn rden he Although requiring chemicals may not be g Ai wholly effective in eliminating household pollutant runoff, 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 my property. ._. P rty The stream in our gully, an unnamed tributary of Buttermilk Creek, is a DEC- classified "protected stream"which flows into Upper Buttermilk State Park just down the road. • I urge you to consider the points raised in this letter before approving the ...:*-__-:- proposed new subdivision. By delaying well water availability testing until mid-Au by constructing adequate drainage culverts and larger roadside ditches, and by insisting on deed restrictions to avoid lawn and garden chemicals, you would help to ensure - Y . the new residents of Danby will not by their very presence destroy the P nsfrehat Y , _ - the existing residents of our neighborhood. y quality of life for Thank you for your serious consideration of this matter. ..Sincerely, • Laura W. Johnson-Kelly - may. r 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 Simkin, 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.-1-10 (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 °--TOMPKINS.,;`'�' 'v'�s-Y- COUNTY a 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 — -- 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 . 1.1,2 jH.. 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 7/1/04 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 transmit 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 GeoLogI _ _ , , GeoLogic 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 of- -' - _ 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 t producion well. Groundwater ``.' - elevation data was recorded, samples for laboratory analysis of microbiological, organic and -,,a - ,_ 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 sampling, and. constant rate-pumping test along:with. a GWUDI - ;=r - determination. The final report was submitted to the NSYDOH, NYSDEC, Chenango County -'T - ` Health Department and the Susquehanna River Basin Commission (SRBC). - : -• - Ms. Beeners Pape 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 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 wells are located adjacent to the E. Branch of the.Delaware River:. Therefore, ' the_NYSDOH requested that a Groundwater'Under the Direct Influence of 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 me ..surements- 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 for this project involved two phases, evaluating, the"potential of using _ _ unconsolidated deposits as a source,of potable water for the Grand Gorge Water Distract and. 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, 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 they. 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- 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 ;,' _ 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 new production well as part oft— -r;' - - ;the Groundwater Withdrawal Application: We prepared and submitted a work plan.to the SRBC - -s' The elements of the plan included the-pump test procedures,:a residential.well survey, and',_ - - water-sample analysis. _ - - - " Ms. Beeners `- \, * age 3 - June 29, 2004 = - , A 48-hour pump test was completed at a pumping rate of 1,400 gpm.=The data was analyzed 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-td experience decreased well yield. A well that once yielded-200_gpm was now dewatering allowing-the.-pumps to cavitate • 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. - s - ; GeoLogic recommended a sulfamic acid treatment to remove the incrusted minerals. The-acid treatment and redevelopment of the"well was successful. The well was subsequently-pumped at - a higher pumping rate with _less.than inches of drawdown: . _ • -' `I have enclosed copies of our company brochures If you need any additional information, please call me at 607-836-4400. - Sincerely, GeoLogic NY, Inc. _ - Sarah E. McCulloch — _ =" Senior Hydrogeologist • Enc. 3 Brochures = _ ; _ F:\cor\semcor\Danby Ltr r. _ _ _ `, 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, Environmental concerns. we're scientists; but we are also business people ever mindful Regulatoryy requirements. of the budgets you manage,schedules you keep,and decisions you must make.As a result,you'll find we have a true customer Risk management. service orientation and are very easy to work with. 'Site development p V GeoLogic OFFERS YOU... Subsurface evaluation... • Flexibility—Geo Logic has worked for literally hundreds of businesses and public organizations,and we know how to accommodate and adjust our services to accomplish your When you need a picture of the environment goals,needs,or technical requirements. -Engineers&Architects on which to base your engineering, resource -Government management, financial, or other decisions -Commercial &Industrial g -Financial, Insurance &Legal you need it to be reliable.Timely. Cost -Educational &Institutional • Communication &Accessibility—From the moment we effective.And delivered in.a form you can outline our strategy for you,to the delivery of our final reports– readily use and understand. your project leader is committed to keeping you informed and completely in the loop. Our ex erience gets you the right information. At the right time. That's where.GeoLogic comes in • Professionalism—GeoLogic - ____ With over 175 years of combined is actively involved with = . ,.:` regulatory agencies and --- `' experience, our dedicated and energetic professional organizations in our field,such as the team of geologists, hydrogeologists, chemists, Association of Engineering • biologists,technical specialists, and certified Firms Practicing in the Geosciences(ASFE). drilling professionals has the scientific and Staying"current" and -= ' well networked affords us additional insight and helps practical experience to obtain —and then you navigate today's ever-changing business and regulatory help you apply—critical environmental, environment. information. • And,we're the client's advocate—Like all scientists, your GeoLogic team will collect and accurately report We've made environmental the facts; but we have also established a reputation investigation, subsurface explorations, for vigorously and ethically defending those facts on your behalf. and remediation our core competency. So you can focus on yours. GeoLogic. Experience that runs deep. 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: V CONTAMINANT EVALUATIONS • Remedial Investigations • Contaminant Spill Investigations e Underground&Aboveground Tank Closures • Plume Identification& Mapping • Subsurface Characterization f • V SUBSURFACE EXPLORATION&SAMPLING • Direct Push Services(Geoprobe®) -Soil&Groundwater Samples = -Soil Gas Samples&Surveys -Mini Wells f 1 ti.i;;= � ...--_` :..• 'y'�--,..• Rotary Drilling -Soil Boring - " _`- - Rock Coring . . ...3.0,...,-_. may. -Monitoring Wells _ Subsurface Instrumentation' . - i IV WATER RESOURCES ;_.. . t — _ - . -. • Water Supply Evaluations == , , I '' &Development '` } • GWUDI Evaluations r-- —t--- • Pumping Tests _.. • Aquifer Identification • Aquifer Testing • Wellhead Protection --°— �--- .. ,-,, :.; •SITE RESTORATION =` ` - 1 '--' "� y: °~_ '• Feasibility Studies • Pilot Testing • . •� • Remedial System Installation,Operation&Maintenance = = Before V ENVIRONMENTAL SITE ASSESSMENT :.. • Pre-purchase&Re-finance Environmental Site Assessments I • Site Development Issues = I • Audits&Monitoring Programs V BROWNFIELD REDEVELOPMENT 4� •• Expedited Site Characterization _le,:_7-:- ___1±_.1-4-__. ` � _ • Negotiated Clean-up Objectives F. V LITIGATION SUPPORT i • Expert Witness Testimony f • Forensic Investigations • Case Review After , GeoLogic offers.., _ o CONTAMINANT EVALUA11@NS ° , I' ii ° V SUBSURFACE EXPLORATION b SAMPLING ii' lI V WATER RESOURCES 1f . l f V giliE RESTORATION- C7 ENVIRONMENTAL SIU ASSESSMENT ii :• C7 BROWNFIELD REDEVELOPMENT .' II V LITIGATION SUPPORT o B^o YI° I ° ° I o li ° I Ii °' I ° ° I :e o O° I I a 151,...t .,70 ; °V e •II o ° II ° I� •°�9 mom__ f 7;- ` "r `�' s; �- ti , ll�LEARN MORE o OBTAIN PROPOSAL II ,,:x < -- _ w� a a -8K36-4400 II, z. �tee. SS� , •?1 ti5,,�- -o-` - � :�. .- - GeoLogic h as eager Q�apply ° I - fi� �/....I.....,,.:::;;;,,.. AA Y resources . know ho:r [ ... ti ms 's k„ m project '—as�iDiZa ex Mimi, ` ` �� k ' obtain p timely pro experienced�i7 environmental �� „r ,� jest quote,discuss projectvs>, il , �� =�-- - _ .44 requirements without obli ation I, � 1 �� .,� � �, 4 s ,�, 9 ,��aboutourtezm� i � { t�� ,$;�=, �inquire about��lWBE status��r836-4400erences a a it �° ..°�A � 1► s� ,.p'''ro=�a7��.,, �e�. . .: .0. 1 ', ' r tL II n ° °, Q ° o _3,7 ,o ,o f + q x•,43 9 ®8 . ea9= 0 �g°m erg �� pt.,° ' ° `1 I i 0. �Geoo �c�,�`° ; . I - Experience a -°; GeoLogic I DiI ; Pa.Box5080 1 • Cortland,1J?13045 ai s ° 16:F.836.41100, - °o .836.4403 ; °11 -• I eologIcnu @geologic net ;www.geologic.net ' °• ,j o I° I ° ° 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"),represented _ by 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 T signage shall be subject to further approval by the Town Board a`' tt- to= 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: 1. All lots will be subject to the provisions of the Town of Danby Zoning Ordinance, Article VI, Section 600—"Low 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). I4. 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 = 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 the Town's consulting engineer and Town Planning Board Chairperson, and if found 3i _.. 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: If 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. f 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 6 -:__- 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. 1 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 r 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. r r 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 mwdmizes 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. 1. - i ' r 4 • The pattern of development shall minimize adverse imp acts on the r n areas and of existing development in the character of important open neighborhood. upon mutual agreement of the Town i. may be amended only p — ; This Memorandum of Understanding — -- — --__—_-- _ Board and the Developer.—----—---_ — Signed by: Date R.Fredric Dietrich,To Supervisor Date Mauro Marinelli, CMC Development , i i 1 1 _ m ' --- � - ... Jam' R'.v/ .:': r r ' t 4-0 7c . • 1 / ( TOMPKINS COUNTY - 4 I-s 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. \ R - ic Dietrich, Town Supervisor U" 1 5 . I 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 I, �140141 etrerPeAr .) wtu.zZyNrk G-2(-6,{ / e�-�`' c 1 / (o gAj Rd 6 / 01( 2. i3a� ��1 f ieff. 6 A1/49 44'(,7 sO 3, / / y 0 mh e 1. K-I,'1( h 5r v , 4'i M 0 c , 11 ,04 attua, amt., s-vvtai-\ 5. ill flick ( Lct k, Li 1 /114,7 2)--J is 6 L I-` ( - .i i,4.,lz____ ID. DCf t /67o . v7/ N61)„,0 R., 6- -0 ..r -1. /4,i5 .bizii, - yam/ 1 .15 �, 2J 61 Z716/ /Z n--- .5- -.-T6 ) /4/16;(1C . &ci,liecirlotfiel(_ cOMAY- . , ■ go , �. Y-i` 0, ,2 ' 8 "wuN t ei—wv utv P,c645k 6 klik re, ,-ecrfrfri(/kJ fiD(ie,(„1-- .0136 Zot(Alcot 40 eet c-62_(Lue ee ))8-Liz a}t . //, 6c7714-44-4z-e giktr ic_e_ze----- A, ,/i/d_Azi___/a," rg/,„x(1.,„,„„4,„_. : ,,,,, 09, v`,,, r I , 4b4 iv; Ilk pc Page 1 tt atte ?": uetvt4_8vu-A , iml■i....mm...iim•E.-......_ 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. ' ZA 11 ttor tiS 90 Li , Spenco�woyFs-3 2. f ,)e: c( _c- /1,---7 /fit..,,d SI.., i 10,-.),-; (-76' ti' G !Ca S'/''',` t.,,. 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F_ lb ... 4 5- ri 1 i,jil FEE-"c,4 J 1 !� JUL � °8 2004 untitled `j1 eijZ• 40, Petition For Moratorium 9 1 ilia 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 / rG14o1a54 M , r-,t, Ia. a6g/ Det46ty 7-0Y 21 42/Ag, � P. n �� -.2 J E N c cs J'. t�tl iv46►S 12 Z Ei s- a o /2-7104 3. tc m 'f Ylas�- i s\ 13(0 He-�J R - ul al I O a,Eke/ .9. f2uJ1 D/'1 Di 1 2 i ed j I` J G / Z 2/ b C irAili 2s— �ic� Sidi a e( l //eo• 1�ci. 6 ��oy r� y, /11,,,c).- 9.1p.o0i, I, 112,Q, W 0 ,i , 0 0 s QE-13E-ce A i..ux / A/ c ocitb trei/C, / S / �# 7 / qi'f- �r° - NBC id ii72',F,,,,:eztt i /-4; &:),7474ky 4://-ao4,c.E4 zA/7), ,,„__4_ . i _ ,,,,, „ . ' 35, /30/0e/ 4. ' (`--1S4). -. - 1 s Dtoi yJ V 4 _ br,,f,,,,, D , ( 'jot .., c.._ ic,, ,,,,,,,,,As 14- Ut4,0-7., kJ-411u— Q ._,2, . 606,4 6-30 /of __31r4unt' G.30 .oy gAri /s. Jit--,, Li, iik-- ,?(7/4 8' b51,„1141. 6- 36- oy alt -'971--&ttil r-2 -7-9(42_ auf, 02 dog Da-nt, 6 34. –6i/ -7 eu,sd i .� I t l o.�6: ) 11-10(1.0_ . Page 1 /i try- te z-tia".? '— S'C ---n.✓ J I r • U i 1 nt t ed a ii i oQ 4 pi:/tg ., 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 -V - /o/ ;"'() -. Mt,/- -71//)/;-' "76-/---....___— '7/. O CQ ° cam_� r Norte SC 'e c ru2-✓— St �►^'C?ri- �2ut -' $f 9. ( 2 ' Sc/1—i J '7 k e-' C `-)x10`t .- , d autT I% cpu 4 R57.. 7/O/ ► I // .-'----,,/ml,, if-0y i d gs--- 1-17,-,,i&efak ied 7,110 q ," 'An e 4(10014y , , ILti `f$ Corr: irf Art- ` t.t/cy -(c (Lao re\ 01n►∎.Sotri- 10-q i� 4.'12:,P4 ,(-6:90,C E 133`( C_oD0144ro0 R 7 fit (oq r L.� c ki' 1/1► ' 7%1!:JP\CAtS-Vjj � J(1-41“Aiji" (1_().t-\r C � /' Page 1 ... 0 ./ • Untitled Petition For Moratorium we the undersigned support the Town Board's proposal for a si* month atorium while they work to bring the zoning ordinance and Subdivision Regulati•ns into accordance with the comprehensive Plan. Name Address Date Signature A 1 ►Le, C.L . Jwi,2AdI /oa O Q/ T �R 6/a`tl°+ ai.Cc _. C-14 MeNivie, ae.t L-e.I 30 0 /4l e?d o w GG/W oI V'l% o -4 i-oq7` //1Z,. :' JaZ Vam /;�0 n b eeP�► 102 Ol t' �6'ne f,,e 6 o y / , - cf T"-- '1 k CA) 642-5* log&tV4 _Aillrf/(0 -' ,_, r 1. L4,1 (0 I ZCP4 (Ai /Oar l C)2_001 Zu-ill-vrylil 1._, - / .ttAtt- 4.47._ Ikvigv,..) 0 ILI 6.0:1JAHUil( a_ca c ea, CLti.,-;,( ( °zo5 - -,,,- L LA-4,c- ce 1.2.VO C, A,44- j476-1-A; 2 o? 0,-.1 -4----/-k 4._ 0'2 8/6 r ,i ,„,49 KoseN8M a/9 teeZ 41, 6/02 glo 4/1 • , a?/5 I fmpt,i7c_4✓t f. / -5/t;‘,/ •. , 1 ',, i _ i'2-4s btafie, exoSS J/5,6'/ -lk pieu. �a97.0v 0, ,vJ f�u �rzi.J G E v i70 /h 4d. . LC�p 4.207 Didiemai - ,,_ 613 0/e,v4e9p. ,,,:,--,/„ 0 cam;,. &0- -PDAv(v.a Ls 015-*.ck---Ts . .1--- of0A-cl __,A__\)(\c' se_, . )-(-5S-Ik_9_, kr e c . . r \ 1 r do, 0 I.- -Page 1 N Ill __-,,jpr-_-.:07"4".-77:: . 'legjiliitil 1 -. ,- \\ 0:11! :\ \, p : I f. %011/11ki 4\ \O i1' ' — — u j � .1 ' i III r L__A 4t' ' l O'� ,,1.4\\\ O T_ ,---- 1 0 1 :I I \\ \\\ ,� ,( ® 1 !:�,z2,-- I, L____(--).N , . 4 _II \\ 1 I . r721 O 1 1 1 \ v i r_- L- \, (1.r— \ \ N \;%I. 1 1 I--O '1 I 1 \ , 1J e 0 L1TI \\. c ---a +-\ .\ t � I r 14 tesowir"t --,\\\•\\\ r I -: . iiiroI .N re u�.pW • O v �� c z� g 6c 5c�itq Z , 1 _ g <-'21161 kMAUFE: l_ z P�7 - -�cci� pH tw i831 a$ ._1 B e� m , ° 16 510 , I o1 ,!a9I vI1i— � / t r. . 1. TOMPKINS COUNTY Tr 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 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. ! i.` ; Phone: (607) 277-4788 Fax: (607) 277-0559 email: danbytownclk @aol.com s �, > ,in Tomy.1),Yins Cosaunty DEPARTIVI$ENOF PLANNING I 121 EastCourtStreet Ithaca,New,York 14850 . }; Edward C.Marx,AICP 4, "Yi 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 Depait,uent 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, Edward C. Marx,AICP Commissioner of Planning • TOMPKINS COUNTY Ts N OF DAN BY - TOMPKINS COUNTY TOWN CLERK'S OFFICE 1830 Danby Road Ithaca, New York 14850 di-V ,---' i 1 AFFIDAVIT OF TRANSMITTAL OF S�YI�� / FINAL DRAFT PROPOSED LOCAL LAW 6/10 STATE OF NEW YORK • SS COUNTY OF TOMPKINS : t 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.te-al 40 ...d., , ec) 11 C a r o l W. Sczepa Q k, , Town Clerk Town of Danby . j ( i 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 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: I. 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 ProposedMoratoriunm 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. 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. �1 Wa•NNE■IMM.MMEK=Il . • - 421 ..,ATomPic I N15,_,-f , AST..NY41,1= 0141:404rat '41t: `r N OF DAN BY - TOMPKINS COUNTY V,-4,7TA V^tc;h1. 1.2 TOWN CLERK'S OFFICE 1830 Danby Road Ithaca, New York 14850 - FAX TRANSMITTAL SHEET DATE: FAXED TO: 6t ShlAnlet r FAX NUIVIBER: c . 73 FAXED FROM: , TOWN OF trlY NUMBER OF PAGES (Including Cover Page) COMMENTS: r r I - - Phone: (607) 277-4788 Fax (607) 277-0559 email: danhytownclk@aol.corn • • June 3, 2004 • Danby Town Board �i _ 1830 Danby Rd. Ithaca,NY 14850 Dear Town Board: This is a comment on the front page article of the Ithaca Journal about Danby and the potential moratorium on building. • Tompkins County is growing by leaps and bounds. All tax bases are growing as weii. The rates . are rising and the full value assessments are rising even more rapidly. If we, the Town of Danby, . hold back on potential new tax base property Lmrr^vement, we L^en force the current residents to bear an even higher tax bill than the raised rates and raised assessments will cause. Less residents to share means higher taxes for owners. Let's grow WITH?iI our area. It's the healthy J thing to do. Danby has in place all the review boards for development. Let's USE them and do so smartly. he commi urnent some Danby people nave to the 'rural' status could possibly force them to leave the area if the taxes just get too high—they will have to move to another county. Let's - grow with the t;rne5 (I P iiy, if n er,p ie:van!»r.ru t ng,then they Qhr 1:A utii iiy nii the property and create their rural setting under their ownership, not expect the Town to stifle it's growth and development.) Ithaca is a very attractive place to live in general and Danby is 'right there'-let's go ahead and grow. We are set up to do it, and do it RIGHT!! Sincerely, .. 44.614.419 .•large Hovanec 108 Olde Towne Road Ithaca,NY 14850 - - ' 1 N e .,..\:"^ /.,..\:" � ,C Ob 07 . � 4), • ,. . .. . 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 @corneil.edu, nrs @lightlink.com, varona @ithaca.edu, rdietric @twcny rr.com, danbysup @hotmail.com CC: Img4 @cornell.edu ohvl @cornelledu HANSENZOO @aol corn, csf7 @cornell.edu, roer @cortland.edu,jw a(�thethomasgroup.com, JCM798(aol.com, Mimiwaltsz @aol.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 CMC 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 CMC 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 ss , 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 Town of Danby will hold a r public hearing on Monday, hn mort.04 l June 14,2004 at 7:00 p.m. p f at 1830 Danby Road, Tompkins County, Ithaca, - New York to consider enact- ing a local law'entitled:'."A LOCAL LAW PROVIDING S FOR A MORATORIUM ON if RURAL LAND DIVISIONS, is APPLICATIONS FOR AND is APPROVALS OF SUBDIVI-' d SIONS, AND •APPLICA- 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. • r, By Order of the Town Board Carol W.Sczepanskir, • ,c- Town Clerk ' 'ad' Dated: June 3,2004 7" iy June 5,2004. kk • '0 II 1d VILLO"^-. 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Ve4,evi-2_4&,-)6 1 26-"V e(4a, - • fi . fati_ Gm i€ mei)0 / 2-5 -7 .117 )17`r ( 1, A . i _ • AO j'i (58)./ - -(i 111 - 17/70 niv2- 7 Rd. _.1 0,?..,a., ....8,,,_ , - vt i "_41s-ixi 8'0 7buzza . / 7/rAufi4 gq4kr-56 ■ (P-- • / CI 3c7 rv//11R C.6Q / ‘. /10-7. _• •‘‘ i-A- 1-3-61m-A-LuA, 35 rtiTzz. c af_ . . e . , • i - , i .-- ! i 7 „ i 1 i . , . / ti I , 1 1 I , k ( ! .-- TOMPKINS COUNTY T N OF DAN BY — 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 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. '�� MI* Trumansburg,NY 14886 Town Clerk, Town of Candor ' (.e ' P.O. Box 6 0o 1%��` 101 Owego Rd. c'" 0 Candor,NY 13743 A xA Town Clerk, Town of Caroline '``. c" 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 ,py 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. Carol W. Scze ngki, Town Clerk 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 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 Wit 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: 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 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 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: moratorium Date: 5728/2004°6:59:07 PM Eastern Standard Time From: melissac ithacabakery.com Reply-to: ramsey_Pithacabakery.com To: danbytownclkAaol.com I would like to voice my support for the proposed 6 month moratorium on land divisions and rezoning applications.-I am strongly in-favor of preserving our rural character and open space. Ramsey Brous 610W King Rd Danby f f 272-9032 1/1 CIA> 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@cornell.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 1. 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, Do glas A. Grella Barbara A. Grella Oil 8 p. F 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(a)aol.com Dear Joel, I 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: danbytownclk @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 IQ it4 177 Muzzy Road JU C�, �� Ithaca,NY 14850 2 4004 June 11, 2004 ( , 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. r ( , I / / Y , Signed: 4/l� _ i 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, • t Stephanie Mittman secretary 5 Olde Towne Village Homeowner's Association ©� o 0,\ 9 74 RFcEpvir70 JUNI 04 M04 vC-) 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. s omeow er name Homeowner ignature Dk ?te e m,\k e� Address Nika �o 24)3+ '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 2 4-2 S (-61A fl-cite--vv..(' 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. • ,4 ( /V//) �� (7'f`�: /t- Gd / Homeowner name t' Homeowner signature t ,.;/Li.!rte 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. .G M s L , CL/As Homeowner name eowner signature 2/3 ,524711Z ' LM 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. G o (--(s ti Homeowner name Homeowner signature 2/7 / G �-�-c <<� Zgel 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 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. • /. 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-proposed water-usage-of the planned , , .. 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-minimum-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 conunents 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 23, 2004 to the Town Planning Board of Danby and wish to add my name to the requests submitted therein. homeowner „,...---‘"Xcit.77-0.2/4X--; • - address Printed for "Edward C. Kokkelenberg" <edwk @pop.lightlink.com... 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, ac:, The undersigned homeowners of Olde Towne Village I have read the attached letter dated vuer to the Town Planning Board of Danby and wish to add my name to the requests submitted therein. Homeowner ave 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. .1aS� %/c, rJe Geass Home•�e n. e ■fel/ /41 diC)-6L HAM- caner signature Address Y"--Lt oar, / �s—a • • • 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 3(.) Me‘iy-te4 Address • N • . , . I have read the attached letter dated May 26, 2004 to the Town Planning Board o[|)un6v and wish to u|J • ' my name to the requests submitted therein. .-` - ` / //- ` 4� ��/ / �/ ( ' / •� ( � ( . �( / . � • ' / / ` ` � °� '/ — -_ / --_ ' Homeowner name �� ^f ` ��« �/^/ ` ~ — Homeowner signature ' L' �/`. `/r^ Address "(lc c( • • | || c\Ok\ icv •ZS7 01\ LL gD iiiI Edt) (30<f,,ph clao steam tv 111 Rd -10 I 61(Y) .tn -f- voir of -File moro-Dnurn. 11n6nk you _ holdbro this pleefirn wt,c(c( fo volutiteee, .-o he,lp -foor) - jo'inin) (ormliffree-, iI it9J2/9(4-- ofr P'1-f g 't 1 I4N 44" My Tlivviy Ok- fAlly Ay„, , • aciekkv,-cise ts4 -- // 1 Ltre v-ves`V't7i't )%66k,,i i -n, 10.4, 04-,a44( • • Ti f port _ ) r 'et pp erre", . . . 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I 1 d�-� 1 ,e WA— 1-Y- J• _ 0 Lit ` _ 'A-- ^- =� - 40 Alt` ' - ll ct.Ad—, .• ` � _�'�P - �c- ' � _ -- .....t..._ _� 4 _ � 1 i /9- 19h_v) -0 , ' 04 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, , L. Patrick Caveney Judith A Caveney 77 Gunderman Rd. Ithaca, NY 14850 9 10 A Ith, Ri CEE V JUN 9 20FO 04 Artse. 06/14/04 12:20 FAX 6072741709 I.C.BURSAR OFFICE Z001 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 ‘Ai , • • W' • Jf\o S 1 " Y2J'0'\,kos( 10111 8 -0 June2, 2004 • p To: Town Board of the Town of Danby 1830 Danby Road, Ithaca, NY 14850 From: Jim Hovanec - 108 Olde Towne Road, Ithaca, NY 14850 607-277-6933 jim(jimhovanec.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" (200'x 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 'Town Board 1830 Danby Rd. Ithaca,NY 14850 Dear Town Board: This is a comment on the front page article of the Ithaca Journal about Danby and the potential moratorium on building. Tompkins County is growing by leaps and bounds. Ail tax bases are growing as well. The rates are rising and the full value assessments are rising even more rapidly. If we, the Town of Danby, hold back on potential new tax base property improvement, we then force the current residents to bear an even higher tax bill than the raised rates and raised assessments will cause. Less residents to share means higher taxes for owners. Let's grow W t i h our area. If s the healthy thing to do. Danby has in place all the review boards for development. Let's USE them and do so smartly. The comminment some flabby people have to the rural' status could possibly force them to leave the area if the taxes just get too high—they will have to move to another county. Let's grow with the times. (Really, if people plant a rural shtLill(t then They chrltl/i a(`t77aii, illy the property and create their rural setting under their ownership, not expect the Town to stifle it's growth and development.) itnaca is a dery attractive place to live in general and Danby roil, is 'right " N / J place b" J b" there-let's go ahead and grow. We are set up to do it, and do it RIGHT!! Sincerely, C.- novariee 108 Olde Towne Road Ithaca,NY 14850 i:.. L.. � 9 ly i. fir CC- June 8t' 2004 ZCD4 cA A 0,0)45 RE: Danby Task Force *MOHello, I am George Blanchard. Danby property tax payer. I Y P P Y p y er. apologize for not Be : . 1 1 e 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. Irappear(that 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, communicated 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 reduce. 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. - Wiil 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 : 0(.y 62(j‘6c,6/7/J A1716u)1/1-11 cx-Cilez t2 Q 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 : /16ait--L i 2r L.-- /4a Li). /-77(.e , c.5l 8c_c t /Vci r rz-te *1_, G_ ' 3 04/10 - yiiii,o ( / , 79-- a/,/(,(((2[ (/O'(tL# ../alts k --Lf0, 4.-Iq 4l w . nrA (V b--4 i ,6 SEW # 1 7 .,_ . _k / _ / � . �? ;i e ' ThC\Ct.fak0 . •\ \ A • 5Aakii\ .4/ vi,\„‹,(A --ni.luel '') (!). 7L.gee.,.. . - /:,---„4 V3 7 /3/ , at,-7,, ni, ...4 ;1. 4.-4.A- iyt/44.87 iP?67I ?/ % ' , fiLl.1./. 6/4 r .6_. -47,-3 4,(7 Litia/l/--e-M, A-) ,' ) q.6 3.7•z_. //AO........AL , - co / /z-/,_ . 0 L - ! .. .-fr..,_ .-:' • AA, Pare) liA„,,-,"--e_ .-.1, A11, , 2_ u\I - Illabg. Geld &lill., V i ;7 :' -37 /1//ZLf 4P /. , ,e /0sz,) ..._, . _ iii ,_,.- ,, y'-•-• ....., - . 67, ,, ,', e---2 LA_ ' / 73-7 ./., 1, A .(1p ,GmaO�ci S Cam ,=&,Li a 0 _i► r A. c3trP• -5.5- PI 0 z-"z- - / Ili r �� // a: r . 1 / ‘ — .. - Pi- '- — ,4 , IP _ 4:,e. ...--1 i.v ii, 1 i This letter is signed by Danby residents who oppose the direction that the Town of Danby is leaning toward. • Name and Address: 7;67) 40/0 ti-7-dso 00 //V .(2). f• This letter is signed by Danby residents who oppose the direction that the Town of Danby is leaning toward. Name and Address : 4. _ AO.- of 9 7 /4",� / � >7' . trip - -vn. ___ illi '. I i ,, ' Mk I ka" ■.4/...■(-•�4 _ ./.. . ... .0- _ # 11_,,_. _ % :,. . . / LT .n 3 Alif /,A.4... : ig , . _ _ _ -. 0 ,, • ' ..,A I, __Z./ A I I i-! -4- l "i CP C 393 Tc-- /flu. WO 5p6 kw / 1L-183 E.e i i t y c r t z, / �, I / /r% 'V7 C? 4 7/0Ke---)-4, e-2 ' , y, 1.,\,,, 2. Le \rad1 ati446 '? CGS/aC1 rria,010` o,,qp, /yg83 • i. 0 0iil i .. -III 027 . 6 i _ °_i /cr so " i 'U.,. / ice. �.�_� /_ `� M• c &A nott i•�t/ I0 Sd�6 ZICK ,v`.- /q �ji�� - '_ 634 COMA N (P-A-O fi ,. _ 6 34( ,el. & . , Al l cl?sa_ . P r I Fif i rfAr 2 /1/// 5/ J/c C 2 % /4-8 51 , 3q If TieKt /-1-+(( S n6�„ Wey. / 0.,- ` '. .0 ''- )_, Zaidg,i Lis Nom ' (2,9( (4,-,4. -, 1 pi P.7-- I. . 2- 19 roue 14i1 (ILO �?At"-.,C-sL, Nvi l q.39) c.,,, IA wit !Ai - � A., / ' ,,'; r V 16" 2t3 , This letter is signed by Danby residents who oppose the direction that the Town of Danby is leaning toward. Name and Address : g cs-�e ydetJet.c.440ez /45-e Alf - 5-6( M,ller A% y ( $/123-0 - , , r9 flY /ft8,5c, ` � ThA c4 A I`18 Co ��... M ,µ.e�. 1y32�AN6y d1.. .1-- y , fiC V_/Ydvdo, K- ! i dPrzeC /.//2 /° 506‘;(x47),()///.87?-3 q er / ; , boo / , /Kgsa•i tis1.cl G',- c •17 2313 Oa, i i "77f/02 , I { { aF { Page 1 of 1 Subj: moratorium Date: 6/4/04 10:51:39 AM Eastern Daylight Time From: sgg4 @cornell_edu To: phesler @secondharvest.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. Hes ler Executive Director (\% b Food Bank of the Southern Tier 945 County Rt. 64 l�J Elmira, NY 14903 607-796-6061 (})J5 607-796-6028 FAX phesler @secondharvest_org x n, Vv Friday, June 04, 2004 America Online: Mimiwaltsz 0 -2 2' — O `a o �0',78.-,:,9,,.2, >a E i, - ° a moo:: c�c , � � cam ° o 0 t � o`'",7,r me a).a) a) a) a) O I �I � n ° cda .—, – YES v 1 O � T :r= C n Y U al G 0 8 E ° c E a. e� 0 ° Y a) � �a tip a ki cal ° 3 o c G ° aoo °_ a° ° D C c t E 0 ° o.0 ge ci c4 :11 ':' . 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