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HomeMy WebLinkAboutLocal Law 3 of 2007 - Planned Development Zone 19 White Hawk Ecovillagetijm t \J " 1_'1 ~ t, \}',·.;.; !
@L?L?U©UIM:. 711.=~-id.odZ, @@WJW NEW YORK STATE ~J:;RTM~NT OF STATE
41 ST ATE STREET
ALBANY, NY 12231 Local Law Filing
(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.
0 County
0 City of ______ D_A_N_B_Y _________________ _
_ ;Id Town
0 Village
Local Law No. 3 of the year 20 0_7 __
A local law AMEN'DtNG THE ZONING ORDINANCE OF THE TOWN OF DANBY
(lnserl Tille)
TO ESTABLISH PLANNED DEVELOPMENT ZONE 19. FOR
WHITEHAWK ECOVII I AGE
Be it enacted by the -==T~Orr=W=N~B~O=A_R_D _________________ of the
(Name ofleg1slat1ve Body)
0 County
O City of TOWN OF DANBY as follows:
~Town
0 Village
LOCAL LAW NO. 3 OF 2007
. A LOCAL LAW AMENDING THE ZONING ORDINANCE OF THE TOWN OF DANBY TO
ESTABLISH PLANNED DEVELOPMENT ZONE 19, FOR ''WHITE HA WK ECOVILLAGE"
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. Findings.
1. An application for a Planned Development Zone, with the proposed development in the Zone known
as White Hawk Ecovillage for the purpose of developing 30 dwelling units along with other
structures on the lands described herein, has been reviewed by the Town.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239 (Rev. 05/05) Page 1 of 3
2. The Town Board finds that the proposed White Hawk Ecovillage would meet Comprehensive Plan
objectives of encouraging development in and near the Central Danby Hamlet; and preserving land
for agricultural and conservation use.
Section 2. Amendments to Zoning Ordinance. The Zoning Ordinance of the Town of Danby as re-
enacted and re-adopted by the Town Board on December 11, 1991, and subsequently amended, is further
amended as follows:
A. Town of Danby Planned Development Zone 19 is hereby established, and shall be comprised of all
of those lands known as Town of Danby Tax Parcels 7 .-1-68 and 7.-1-69.1, located on the west side of Danby
Road between Gunderman and West Miller Roads, along with the lands that adjoin the frontage of these
parcels extending to the centerline of New York State Route 96-B.
B. Said lands are hereby rezoned from High and Medium Density Residential Zones to Planned
Development Zone 19.
C. The General Site Plans for the Planned Development Zone consist of maps entitled "Preliminary
Plan, Proposed White Hawk Neighborhood, Sheets ST-1, -2, -3, and -4," by Timothy C. Buhl, P.E., dated
November 26, 2006, as updated by "White Hawk Ecovillage- Supplement to Preliminary Plans", by Henry
Peterson, dated February 8, 2007.
D. Permitted Principal Uses. No building shall be erected or extended and no land or building shall
be used for other than any of the following purposes:
1. Single-family or two-family dwelling provided that each dwelling unit is occupied by no more than
one family.
2. Multiple-family dwelling provided that each dwelling unit is occupied by no more than one family.
3. Family day care home.
4. Community center, also known as 'common house', which may house recreation, meeting, and
dining space, children's playrooms, kitchen facilities, common laundry facilities, and other permitted
accessory uses; and other community space compatible with the purpose of being an extension of
the dwellings provided, however, that the community center shall be used primarily by the residents
within the Planned Development Zone.
5. Customary agricultural uses and structures, including barns, silos, livestock enclosures, and storage
buildings, provided, however, that no storage of manure or any permanent use of land or buildings
producing offensive odor or dust shall be located within 100 feet of any property line, dwelling, or
community center.
6. A roadside stand or other structure for the display and sale of farm or nursery products incidental
to farming, as a seasonal convenience to the owner or owners of the land, not exceeding 400 square
feet in area. Any such structure shall be located a minimum of 15 feet from the street right of way
line if located adjacent to Danby Road, and a minimum of 30 feet from the edge of pavement if
located adjacent to a private road within the Planned Development Zone. Any such structure shall
also be located in a manner as to permit safe access by vehicles and parking off the street.
7. The keeping of domestic animals or fowl in accessory buildings, provided that no such building shall
be located within 50 feet of any dwelling; and provided that there shall be no raising of fur-bearing
animals, or kennels for more than three dogs over six months old.
8. Any municipal, public, or private utility purpose necessary to the maintenance of utility services.
E. Permitted Accessory Uses.
1. Garage or carport.
2. Off-street parking, garage, or carport space for the residents of the Planned Development Zone, and
for any visitors, or any non-resident employees associated with home occupations.
3. Home occupations, which shall be limited to dressmaking, hairdressing, teaching, laundering,
carpentry, electrical and plumbing work, and similar types of activity; and professional offices, such
as architects, lawyers, consultants, realtors, doctors, dentists, engineers and insurance brokers,
operated within a residence or a private garage. A home occupation is also subject to the following
provisions:
a. It shall have no external evidence on the site except a sign denominating the occupation not
over ten square feet in area. Any such sign shall be nonflashing and if illuminated, shall be
shielded as much as possible from adjoining residences;
b. It shall not employ more than two additional people who are non-residents;
c. It may not entail the outdoor storage or display of materials, equipment, or other items of
commerce; nor the uncovered parking of more than one commercial vehicle;
d. It shall produce no offensive noise, vibration, smoke, dust, odor, heat, glare or electronic
disturbance beyond the property it occupies; and
e. It shall not generate traffic in any greater volume than would normally be expected in a
residential neighborhood, with any need for parking generated by the occupation to be met
off the street and in accordance with any other regulation of the Zoning Ordinance.
4. Private swimming pool, tennis courts, and other similar recreational facilities for the principal
private use of the residents of the Planned Development Zone.
5. Accessory structures such as dog houses, storage sheds, and other small structures clearly ancillary
and related to the residential uses of the Planned Development Zone.
F. Uses Permitted by Special Permit Only.
1. Uses conducted in a community center or common house that are similar to home occupations,
which uses shall be conducted either by a resident of the Planned Development Zone, or by a
temporary guest of such a resident, such as a person who is a visiting teacher or instructor.
2. A roadside stand or other structure for the display and sale of farm or nursery products incidental
to farming, exceeding 400 square feet in area. Any such structure shall be located a minimum of 15
feet from the street right of way line if located adjacent to a public street, or a minimum of 30 feet
from the edge of pavement if located adjacent to a private road within the Planned Development
Zone.
3. Hospital, nursing or convalescent home, or medical clinic.
4. Public or private schools, libraries, parks, and playgrounds.
5. Nursery schools, group family day care homes, and day care centers.
6. Municipal buildings and structures.
7. Cemeteries.
8. Tourist homes, bed and breakfast facilities, restaurant.
9. Customary home occupations and professional residential offices where external visible evidence
of same exists on the site.
10. Other uses not specifically listed above but deemed by the Planning Board to be similar in nature
and compatible with the purposes of the Planned Development Zone
G. Yards. The minimum distance between buildings shall be in compliance with the New York State
Uniform Fire Prevention and Building Code.
H. Buffer Zones. No buildings or structures shall be located within 50 feet of the boundaries of the
Planned Development Zone.
I. Height. No building shall exceed thirty-six feet in height from lowest exterior grade or 40 feet in
height from lowest interior grade. No structure shall exceed thirty-six feet in height. This height limitation
shall not apply to silos, barns, or other structures used in connection with generally recognized agricultural
operations. No such structures, however, shall exceed one hundred feet in height, or be located less than one
hundred feet from any property line.
J. Signs. Signs are as permitted and as regulated in the Zoning Ordinance for High Density Residential
Zones.
K. Parking.
1. Parking spaces shall be provided and shall be suitably surfaced in a manner acceptable to the
Planning Board, in the amount of at least 1 Yi spaces per dwelling unit.
2. Parking spaces for any uses permitted by Special Permit shall be provided as required in the Zoning
Ordinance.
3. Notwithstanding the foregoing, if the Planning Board determines that a reduction in the required
number of parking spaces would not adversely affect traffic flow or emergency access, would leave
adequate parking for all of the reasonably-anticipated uses or occupancies on the site, and would not
otherwise adversely affect the general welfare of the community, then the Planning Board may
authorize that the minimum number of parking spaces be reduced by no more than 25%. In such
authorization, the Planning Board may impose such reasonable conditions as may, in the judgment
of the Planning Board, be necessary to ensure that such reduction would not cause congestion, create
undesirable traffic flows or hazards, or otherwise be adverse to the general welfare of the
community.
L. Manner of Land Ownership. The property in this Planned Development Zone may be owned in
the following manners:
I. Where one entity, such as a person or persons, or a cooperative, owns the land and leases land to
individuals who then erect dwelling units on the leased land, or where one entity owns the land and
all buildings and leases specific dwelling units and associated accessory buildings to individuals or
families; or
2. Where each dwelling unit is separately owned by one or more persons or entities (with or without
a homeowners' association or similar body) provided that there is compliance with the Subdivision
Regulations of the Town of Danby (including regulations related to clustered subdivisions); or
3. As a condominium provided that there is compliance with the Subdivision Regulations of the Town
of Danby (including regulations related to clustered subdivisions); and
4. Common land, facilities, infrastructure (roadways, water and sewer systems, stormwater
management systems, and other infrastructure), and open land with or without buildings may be
owned by a separate corporation controlled by the residents of the Planned Development Zone.
M. Site Plan Approval.
1. In the event of any of the manners of land ownership described herein, a Final Site Plan, providing
such detail as is normally required for a Final Subdivision Plat and showing the dimensions and
location, in such detail as the Planning Board may require, of the areas proposed for lease or transfer,
shall be submitted to and approved by the Planning Board before any building permits are issued.
The criteria for approval of such Final Site Plan shall be the same criteria used by the Planning
Board in approving site plans and subdivisions set forth elsewhere in the Zoning Ordinance and in
the Subdivision Regulations (including clustered subdivisions as applicable) of the Town of Danby.
2. The Final Site Plan shall be substantially in accordance with the General Site Plans approved by the
Town Board as part of this local law, such plans being "Preliminary Plan, Proposed White Hawk
Neighborhood, Sheets ST-1, -2, -3, and -4," by Timothy C. Buhl, P.E., dated November 26, 2006,
as updated by White Hawk Ecovillage- Supplement to Preliminary Plans", by Henry Peterson, dated
February 8, 2007. Any significant deviations to those plans shall be submitted to and approved by
the Town Board before issuance of any building permits.
3. Notwithstanding the foregoing, the Planning Board is authorized to permit modifications of the
General Site Plans in granting Final Site Plan approval provided that the modifications are in general
conformity with the purposes, objectives, and provisions of this section creating this Planned
Development Zone and other provisions of the Zoning Ordinance, unless a variance for a deviation
has been obtained from the Board of Appeals.
4. The Final Site Plan shall also include, for Planning Board approval, design standards and
specifications for buildings, lighting, signs, and all other improvements to be constructed in the
Planned Development Zone.
5. Modification of Final Site Plan. Any change in the site plan as finally approved by the Planning
Board shall not be made until an application for a revised site plan is provided to and approved by
the Planning Board, unless the modifications are exempted from this requirement pursuant to the
provisions for modifications to site plans as currently provided in Section 802 of the Zoning
Ordinance of the Town of Danby, with the exception that within the Planned Development Zone,
if the modification involves
a. a movement or shift of a location of one or more buildings not more than 25 feet in any
direction from the location shown on the final site plan (instead of 2 feet as provided in the
Zoning Ordinance); and
b. such shift does not alter proposed traffic flows or access; and
c. such shift does not directly violate any express conditions (including, without limitation,
buffer zones, setbacks, etc.) imposed by the Planning Board in granting prior site plan
approval,
d. then such modification can be made without requiring approval of the modified site plan by
the Planning Board.
N. Ingress and Egress.
1. No building permits shall be issued for construction of any structures within the Planned
Development Zone unless the following exist at the time of the issuance of such permit to assure
adequate ingress and egress to the property:
a. An access road from Danby Road is legally available to all current and potential future residents,
constructed, and maintained to the extent of providing, in the opinion of the Town's Consulting
Engineer and the Town Highway Superintendent, a usable, serviceable roadway for ingress and
egress of residential, emergency, and service vehicles, to all dwellings and community buildings
in the Planned Development Zone as shown on the final site plan.
b. Suitable provisions to assure continuing legal access and continuing maintenance of the road to
a standard which will allow unimpeded passage of such vehicles at all times and in all seasons.
c. A sign posted at the intersection of the access road and Danby Road indicating that the road is
not a Town road.
2. No certificates of occupancy shall be issued, and no building permits for construction of more than
ten dwelling units shall be issued unless and until the access road, plus any additional road necessary
to provide fire and emergency protection, has been completed in accordance with the plans and
specifications approved as part of the Final Site Plan, and to the satisfaction of the Town's
Consulting Engineer and the Town Highway Superintendent.
0. Ownership of Access Road.
1. The access road running from Danby Road into the Planned Development Zone shall be owned in
fee title by the property owner(s), cooperative, homeowners' association, condominium association, or
all of the owners of any individual lots contained within the Planned Development Zone, as approved
by the Planning Board upon advice of the Attorney for the Town to assure continued access to and from
public roads for the property in the Planned Development Zone. This provision shall terminate at such
time, if ever, as the road is conveyed to the Town.
2. If lots are subdivided out within the Planned Development Zone, they do not have to have frontage
on a public street, so long as access and the necessary cross-easements for access to such public street
over the access road are guaranteed to the satisfaction of the Town.
P. Dedication of Road to the Town of Danby. The road or roads may be offered for dedication to the
Town of Danby provided that the road or roads are constructed or reconstructed to Town specifications as
in effect at the time of said proposed dedication except that, at the option of the Town, the Town may waive
certain requirements related to paving, surface treatment, or roadway and shoulder dimension improvements
provided that if the Town decides that such improvements are necessary, then the cost of such improvements
shall be recouped within a reasonable period of time, satisfactory to the Town, from the owners or lessees
of land in the Planned Development Zone and any other users of the land. Said arrangements may, at the
option of the Town, include letters of credit, bonds, deposits of funds, and/or personal guarantees of the
owner and/or residents of the Planned Development Zone, or may include the establishment of a Special
Benefit District. Nothing in this provision is intended to compel the Town to accept such dedication.
Q. Open Space. All open space shown on the final site plan (as may be subsequently modified upon
approval of the Planning Board) will be owned, maintained, and the use thereof controlled by the landowner
or a residents association or duly formed cooperative housing corporation. In the event that any open space
is ever dedicated to the Town, then those areas owned by the Town will be owned, maintained, and the use
thereof controlled by the Town.
R. Provision of Sewage Treatment Facilities.
No building permits or certificates of occupancy shall be issued for dwellings or other structures in the
Planned Development Zone unless it is demonstrated that the sewage treatment facilities for such are in
conformance with the requirements of the Tompkins County Health Department and other involved agencies.
S. Provision of Water Supply and Service Facilities. No building permits or certificates of
occupancy shall be issued for dwellings or other structures in the Planned Development Zone unless it is
demonstrated that the water supply and service facilities for such are in conformance with the requirements
of the Tompkins County Health Department and other involved agencies.
T. Development of Farm Pond and Pumping Hydrant. No building permits or certificates of
occupancy shall be issued for more than ten dwelling units, and no building permit or certificate of
occupancy for a community center or common house shall be issued, unless and until the Farm Pond and
Pumping Hydrant shown on the General Site Plans are installed and operational, to the satisfaction of the
Town and the Danby Fire District.
Section 3. Invalidity. If any provision of this local 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 4. Effective Date. This local law shall take effect 10 days after its publication in the official
newspaper of the Town or on the date it is filed in the Office of the Secretary of State of the State of New
York, 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 as local law No. -~-------of 2007 of
the (County)(City){Town)(Village) of ~D~A~N~B~Y ________________ was duly passed by the
-,--T_O-=-W-,--N.....,.....,B_O,.,--A--=Rc---cDc-c-__________ on APRIL 9 20 0_7 _ ___, in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
---------------------on ______ 20 __ __, and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the
(Elective Chief Executive Officer*)
and was deemed duly adopted
on ______ 20 --~ in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. _________ of 20 ___ _ of
the (County)(City)(Town)(Village) of
_____________________ on ______ 20
was duly passed by the
__ __, and was (approved)( not approved)
(Name of Legislative Body)
(repassed after disapproval) by the _____________________ on _____ 20 ___ _
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general) (special)(annual) election held on
20 ___ in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.}
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City){Town)(Village) of
_____________________ on ____ _
(Name of Legislative Body)
was duly passed by the
20 __ ___, and was (approved)(not approved)
(repassed after disapproval) by the __________________ on _____ .20 ___ . Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of _____ _
20
*
__ __, 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.
DOS-239 (Rev. 05/05) Page 2 of 3
t • ' ·'
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of
the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the (special)(general) election held on 20 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general 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 transcriP,t therefrom and of the whole of such original local law, d was finallj:ypted in the manner indicated in
paragraph l ' above. r
' .
'-'
(Seal)
Clerk the county legislative b y City, Town or Village Clerk or
officer designated by local legislative body
Date: /Jf rd c2 4 :J O () 7
(Certification tc .!:;¢-~xecuted by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF TOMPKINS
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been
had or taken for the enactment of the local law annexed hereto. ~ ~
Signature 7
( ?WAI A ((b&JCJ
Title
Date: _%_' Ir]_. +--)--.---l_()Q--'-7 ~ 7
DOS-239 (Rev. 05/05) Page 3 of 3
AFFIDAVIT OF PUBLICATION
The Ithaca
JOURNAL
State of New York, Tompkins County, ss.:
\ <:C\.c ,,,_"\ :J)~"J:'b >,';€.()~T being duly sworn, deposes and
says that she/he resides in Ithaca, county and state aforesaid and that
she/he is Clerk of The Ithaca
Journal a public newspaper printed and published in Ithaca aforesaid
and that a notice of which the annexed is a true copy was published
in said paper
,'f\J
and that the first publication of said notice was on the __._c:,2_.._ __ _
day of ~&A ~CC5l
\ \24~Q!,,~
Subscribed and sworn to before me this -~q~----dar of
~
~a_µ-·~ ~ Notarr Public
JEAN FORD
Nnt:iry Public, State of New York
No. 4654410
Qualified in Tompkins County .
Commission Expires May 31, 20 JJ.
TOWN OF DANBY ,
ADOPTION OF LOCAL
LAW NO. 3 OF 2007
' NOTICE IS HEREBY GIVEN .
that a·t a Regular Meeting
, held an ihe 9th day of April.
2007, the Town board of
I the Town of Danby duly
adopted a local law enti-
tled "A LOCAL LAW
AMENDING THE ZONING
ORDINANCE' OF THE
TOWN OF DANBY TO ES-
TABLISH PLANNED DEVEL-
OPMENT ZONE 19, FOR
'WHITE HAWK
ECOVILLAGE". The pro-
posed Zone' would be,loca~
.ed on the west side of
Danby Road on Tax Parceb
7.-1-68 and 7:-1-69.1; with
the proiect proposed to con'
sist of 30 dwelling unity, a
common house, and acces-
sory .. structures. . Henry 1 Peterson, property owner/
applicant.
Caroi ·w. ·sczepanski,
Town Clerk .
Dated: April 27, 2007
Publish: May 2, 2007
ELIOT SPITZER
GOVERNOR
Kimberly N Rothman
Miller Mayer LLP
202 East State Street
Suite 700
Ithaca NY 14850
STATE OF NEW YORK
DEPARTMENT OF STATE
41 ST ATE STREET
ALBA~Y, NY 12231-0001
May 16, 2007
RECEIVED
MAY 2 2 2007
TOWN OF DANBY
LORRAINE A. CORTES-VAzQUEZ
SECRETARY OF STATE
RE: Town of Danby, Local Law No. 3, 2007, filed on May 4, 2007
Dear Sir/Madam:
The above referenced material was received and filed by this office as indicated.
Additional local law filing forms can be obtained from our website,
www.dos.state.ny.us/corp/misc.html.
Sincerely,
Linda Lasch
Principal Clerk
State Records and Law Bureau
(518) 474-2755
WWW.OOS.STATE.NY.l!S • E-MAIL: INFO@DOS.STATE.NY.US
TO.:
FROM:
DATE:
RE:
N OF DANBY - TOMPKIN_S COUNTY
TO\VN CLERK'S OFFICE
1830 Danby Road
Ithaca, New York 14850
Kimberly Rothman .
Carol W. Sczepanski A\~
April· 27, 2007 \lj
White Hawk Local Law
Enclosed are three copies of the White Hawk Ecovillage Local Law<.
Town of Danby Local Law No. 3 of 2©07. The original for NYS
and a copy for you:r:rnffice and one for the Town.
I have also included publications and certified copies of the adopting
resolutions ( No' 44 and 45)
This material will not meet the 20 da'il criteria. In a phone conversation
With Harry Willis from the Departmen! of State he said that local laws:
cannot become effective until filed With the State and that to forward
the local law right away. It will be okay for this to be a few days
late.
I'll be back in the office on Thursday, May 3.
· Carol
Phone: (607) 277-4788 Fax: (607) 277-0559 email: danbytownclk@aol.com
TOMPKINS
COUNTY
N OF DANBY -TOMPKINS COUNTY
TOWN CLERK'S OFFICE o':J;J-, ~
1830 Danby Road \~Jl-~\o~ · f
Ithaca, New York 14850 ~ ( JP~
\ ~ e) '\Je}
11\V.-,\°' \ (It~
AFFIDAVIT OF SERVICE BY M..AIL
PTJBLIC HEARING NOTICE
'tt~\~y .
STATE OF :N"EW YORK : SS·
COUNTY OF TOMPKINS: .
'J( y~
I Carol Vl. Sczepanski, To""11 of Danby Tovm Clerk, being duly sworn, deposes and says:
1. That she is the To""11 clerk of the Town of Danby, Tompkins Cou..nty, New York.
2. That on mtJ.rc.h ~3.;J.tJ?:,7 which day is no later than~ g~~ays prior to the date of
the hearing, she caused to be' mailed, pursuant to the provisions of the Danby Zoning Ordinance of
the Tovm of Danby, a copy of the notice of hearing, which is attached hereto ai1d made a part hereof,
to each of the property mvners of the subject property referred to in said notice on both sides of the
property affected.immediately adjacent extending 500 feet therefrom, the names and addresses of
said property owners being contained on the list attached hereto and made a part hereof.
Phone: (607) 277-4788 Fax: (607) 277-0559
(Le_{t).:J~ ~
Carol W. Sczepanski~~
Town of Danby
email: danbytownclk@aol.com
AFFIDAVIT OF PUBLICATION
The Ithaca
JOURNAL
State of New York, Tompkins County, ss.:
~hc;s£ 1\2_ O'\.::?i1..A,~ being duly sworn, deposes and
says that she/he resides in Ithaca, county and state aforesaid and that
she/he is Clerk of The Ithaca
Journal a public newspaper printed and published in Ithaca aforesaid
and that a notice of which the annexed is a true copy was published
in said paper
3\o6)01
Subscribed and sworn to before me this ~~------day of ~~ ;+OC?t
,-~~-. n ----------~ . JEW FORD Notary Public
Notary Public, State of New York
No. 4654410
Ou~lified in Tompkins County I} 1 Commission Expires May 31, 20 .LL
TOWN OF DANBY
PUBLIC HEARING
NOTICE ·
'PLEASE TAKE NOTICE that
I the Town . Board 0 ( the
Town of Danby will .hold 0 .
I
public hearing on Mon-
day, April 9, 2007 at
6:30 p.m. at 1830 Danby
Road! Ithaca, New York lo
Consider Approval of the
General Site Plans, and En-
acfm;nt of a local law enti-
tled A local .low Amen~·
•n.9 the Zoning Ordinance
oHhe Town of Danby to Es-
tablish Planned Develop-,
I ment Zone 19, · for "White .
, Hawk Ecovillage". The'
/
.proposed· Zone would be
located on the west side of-
Danby Road on Tax Pa'rcels
!7!-l-68. and 7.-1-69. l; with
l~e protect proposed to con-·
ls,st of 30 dwelling unfts,~a..r
,~a~mon ~ouse! and ocCes-_ /
. sory .structures. Heniy
I Peterson, property
! owner/ applicant.. .
Residents may· view. the
General Site Plans and the
1 proposed local law at the
I Town Clerk's office during
I regular office hours.
. All persons will be heard
I in person or in writing.' I .
I By O.rder of the
· Town Board
Carol W. Sczepanski 1
Town Clerk ' I Dated:
: March 21, 2007
,Publish:
March 23, 2007 ,·
·-----.:....::_
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Edward C . .Marx, AICP
Commissioner of Planning
and Public Works
Tompkin~ County
DEPARTMENT OF PLANNING
121 East Court Street
Ithaca, N~w Y~~k 14850
April 9, 2007
Ms. Susan Beeners, Code Enforcement Officer
To\\'n of Danby
1830 Danby Road
Ithaca, NY 14850-9419
VIA FASCIMILE AND POSTAL MATT,
Telephone (607) 274-5560
Fax (607) 274-5578
Re:
Action:
Review Pursuant to §239 -land -m of the New York State General Municipal Law
Proposed White Hawk Ecovillage Planned Development Zone
Deur Ms. Beeners:
This Jetter acknowledges your referral of the proposal identified above for review and comment by the
Tompkins County Planning Department pursuant to §239 -1 and -m of the New York State General
Municipal Law. The Department has no comment regarding the environmental review for the above-
mentioned project under the provisions of the State Environmental Quality Review Act (SEQR).
The Department has reviewed the proposal, as submitted, and has determined that it has no negative inter-
community, or county-wide impacts. The Department offers the following comments regarding the
proposed zoning amendment, which are not formal recommendations under General Municipal Law §239
-I and-rn:
• The Town should consider eliminating items 3-8 (inclusive) of Section F of the proposed local law.
This section allows long-term uses and services within the Planned Development Zone that could
serve all residents of the Town and, thus, would be more appropriately located in or near the hamlet.
These uses also do not appear to be consistent with the intent of this project.
The Town may want to consider eliminating garages, carports, and carport spaces as "Permitted
Accessory Uses" within the Planned Development Zone or allowing them only by special permit.
Doing so will ensure;: a comprehensive evaluation of the need for excess parking beyond that which is
provided in the planned parking lot.
The Department offers the following comments on the preliminary plans for this development, which are
not formal recommendations under General MWlicipal Law §239 -1 and -m:
• The developer needs to ensure that the site can provide an adequate supply of drinking water and
level of wastewater treatment necessary to accommodate full build out of the proposed development.
Bl..SS-t,l..2-lOS Od::l.1/::l.l::l.lI d91:to l..O 60 Jd~
White Hawk Eco village
239 Review
Page 2 of2
In addition, special considcration should be given to the depth of the water table and the capability of
the soils to support the clustering of the wastewater treatment systems and wastewater treatment
replacement systems.
• The proposal should address how bus service will be provided for school children.
• The proposal should include a well-designed path to accommodate pedestrian travel along the access
road. This path will be especially important for children that may be walking to a bus stop along
Route 96B as well as for other residents walking to the hamlet, convenience store, commuter bus
stops, or other more centrally located services.
• It may desirable to identify location(s) for additional parking should it be needed to accommodate
future activities such as home occupations.
Please inform us of your decision so that we can make it a part of the record. Should this project move
forward, we look forward to the opportunity to review the Site Pan and provide our recommendations
under §239 -1 and -m of the Genera.I Municipal Law.
cc: Steve Maybee, Tompkins County Health Department
E • cl BL.SS-vl2-l09
Sincerely,
'-7 , GJI CfL-_f(___ L--: ~~~
Edward C. Marx, AICP
Commissioner of Planning
and Public Works
Od::l.11:H:H I dst:10 l.O 60 ..1d1::j
Page 1 of 1
Denise: Here is a legal I forgot to have published earlier.
TOWN OF DANBY
ADOPTION OF LOCAL LAW NO. 3 OF 2007
NOTICE IS HEREBY GIVEN that at a Regular Meeting held on the 9th day of April 2007, the Town board of the
Town of Danby duly adopted a local law entitled "A LOCAL LAW AMENDING THE ZONING ORDINANCE OF
THE TOWN OF DANBY TO ESTABLISH PLANNED DEVELOPMENT ZONE 19, FOR "WHITE HAWK
ECOVILLAGE". The proposed Zone would be located on the west side of Danby Road on Tax Parcels 7.-1-68
and 7.-1-69.1; with the project proposed to consist of 30 dwelling unity, a common house, and accessory
structures. Henry Peterson, property owner/applicant.
Carol W. Sczepanski
Town Clerk
Dated: April 27
Publish: May 2
Affidavit of publication requested.
Saturday, April 28, 2007 America Online: Danbytownclk
TO:
FROM:
DATE:
RE:
TO PROPERTY OWNERS - NOTICE OF PUBLIC HEARING OF AN
APPLICATION TO ESTABLISH A PLANNED DEVELOPMENT ZONE
IN YOUR NEIGHBORHOOD
TOWN OF DANBY
MARCH 23, 2007
APPLICATION FOR THE WHITE HA WK ECOVILLAGE
PLEASE TAKE NOTICE, that the Town Board of the Town of Danby will hold a public hearing
on Monday, April 9, 2007 at 6:30 p.m. at 1830 Danby Road, Ithaca, New York to Consider
Approval of the General Site Plans, and Enactment of a Local Law entitled "A Local Law
Amending the Zoning Ordinance of the Town of Danby to Establish Planned Development Zone
19, for "White Hawk Ecovillage". The proposed Zone would be located on the west side of
Danby Road on Tax Parcels 7.-1-68 and 7.-1-69.1; with the project proposed to consist of30
dwelling units, a common house, and accessory structures. Henry Peterson, property
owner/applicant.
Residents may view the General Site Plans and the proposed local law at the Town Clerk's office
during regular office hours.
All persons will be heard in' person or in writing.
Dated:
Published:
March 21, 2007
March 23, 2007
~-' I
By Order of the Town Board
Carol W. Sczepanski, Town Clerk
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N OF DANBY -TOMPKINS COUNTY
To,vN CLERK'S OFFICE
1830 Danby Road
Ithaca, New York 14850
Secretary of State of New York
Department of State
Bureau: oF State Records
41 State Street
Albany, New York 12231
RE: Town of Danby Local Law:::No. 3 of the Year 2007
Dear Sirs and Ladies
Enclosed for filing in your office js can original copy of the Town of
Danby Local Law No. 3 of 2007, etitled " A Local Law :a.mending the
Zoning Ordinance 01Vthe Town of Danby to Eastabish Planned Development
Zone 19, for "White Hawk Ecovillag~"
Please forward the receipt for filing of these Local Laws directlyto
Carol W. Sczepanski
Town Clerk, Town of Danby
1830 Danby Road
Ithaca, New York 14850
Phone: (607) 277-4788 Fax: (607) 277-0559 email: danbytownclk@aol.com
MILLER MA YER, LLP
R. James Miller
John Moss Hinchcliff
Elena Salemo Flash
Rosanne Mayer
George R. Pfann, Jr.
David A. Tyler
Hilary T. Fraser
Laurie M. Johnston
Adam R. Schaye
Carolyn S. Lee
Carol W. Sczepanski, Town Clerk
Town of Danby
1830 Danby Road
Ithaca, NY 14850
ATTORNEYS AT LAW
202 East State Street, Suite 700
Ithaca, New York 14850
Telephone: 607 .27 3 .4200
Fax: 607.272.6694
Web: www.millermayer.co111
dat@millermayer.com
May 3, 2007
Re: Town of Danby -Local Law 3 of 2007
Dear Carol:
Kimberly N. Rothman
Nancy T-M Kung
Hayden R. Brainard, Jr.
Of Counsel
Stephen Yale-Loehr
Enclosed herein is a signed version of Local Law 3 of 2007. I kept one signed version of this
document and sent the other to the Depa1iment of State. I sent the documents via overnight mail,
and so I am returning the envelope to you for future use. (I'm afraid that ifl keep it here, it will get
buried!)
Please feel free to contact me if you have any questions. Thank you .
. Sincert,Q\J
~erlyN. Rothman
H:\7935\004\2007\ltr to Carol re local law 3 of2007 5-3-07.wpd