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HomeMy WebLinkAbout1992-08-10 119 1 Public Hearing August 10 , 1992 TOWN OF DANBY TOWN BOARD MINUTES Public Hearing - August 10 , 1992 Public Hearing - Proposed Local Law Amending the Zoning Ordinance with Respect to the Board of Appeals PRESENT : Supervisor Oltz Councilpersons : Hile , Marisa , Miller , Schwartz Others Present : Town Clerk - Carol Sczepanski P lanning Board Chair - Nancy Weitzel Members of the Public : Rick Dobson , John Koval , Chris Gartlein , Neil and Diane Sherwood , John C . and : Valerie Shepardson Sr . , Raymond . Mayo , Howard Steiner , W illiam T . Genter , Joel Gagnon The Public Hearing was called to order by Supervisor Oltz at 7 : 45 P . M . and the following notice of publication was read : TOWN OF DANBY NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the Town of Danby Town Board on Monday , August 10 , 1992 at 1830 Danby Road , Ithaca , New York 14850 . Purpose -of hearing is • with respect to a proposed Local Law Amending' the Zoning Ordinance regarding the Board of Appeals . At such time and place all persons interested in the subject matter thereof will be heard concerning the same . A regular meeting of the Town Board will follow the public hearing . By Order of the Town Board Carol W . Sczepanski , Town Clerk D ated : July 29 , 1992 Published : July 31 , 1992 - Supervisor Oltz presented the following Proposed Local Law : PROPOSED LOCAL LAW NO . 1 OF 1992 A LOCAL LAW AMENDING THE ZONING ORDINANCE REGARDING THE BOARD OF APPEALS Be it enacted by the Town Board of the Town of Danby as follows : Section 1 . The Zoning Ordinance ' of the Town of Danby adopted December 11 , 1991 , be and the same hereby is amended as set forth in the following sections : Section 2 . Section 1104 - Board of Appeals , and Section 1105 - Variances , are amended to read as follows : j " Section 1104 - BOARD OF APPEALS . There is hereby established a Board of Appeals which shall function in a manner prescribed by Sections 267 , 267 - a , 267 - b , and 267 - c of Article 16 of the Town Law of the State of New York except as the same are superseded by the provisions below . 1 . BOARD MEMBERS . There shall be five members of the Board of Appeals . The members of the Board of Appeals shall be residents of the Town of Danby and shall be appointed 1 I 120 2 by the Town Board to serve for terms as prescribed by law . No person who is a member of the Town Board shall be eligible for membership on the Board of Appeals . 2 . OFFICERS . , The Town Board shall designate the _ Chairperson of the Board of Appeals . The Board of Appeals shall choose a Vice Chairperson , who shall preside in the absence of the Chairperson . In the absence of both the Chairperson and Vice Chairperson , the Board of Appeals shall choose one of its members as Acting Chairperson . Such Chairperson , or Acting Chairperson , may administer oaths and compel the attendance of witnesses . The Board of Appeals shall appoint a Secretary who shall take minutes of all its meetings and keep its records . Said Secretary need not be a member of the Board . 3 . RULES AND REGULATIONS . The Board of Appeals shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this ordinance and all its resolutions and orders shall be in accordance therewith . 4 . APPEALS TO THE BOARD . Any person aggrieved by any decision of any officer of the Town charged with enforcement of this ordinance may take an appeal to the Board of Appeals . The Board of Appeals shall , in accordance with the provisions contained in this Ordinance , and in accordance with the provisions of Town Law Sections 267 et . sea . ( except as the same are superseded by the provisions of this Ordinance ) , hear and determine appeals from any refusal of a building permit or certificate of occupancy by the person designated by the Town Board , or review any order or decision of said person where such order or decision is based upon the requirements of this ordinance . Such Board shall also hear and determine any other matter referred to it by the provisions of this Ordinance or any other law , regulation or resolution . Section 1105 - VARIANCES . The Board of Appeals , on appeal from the decision or determination of the Code Enforcement Officer , shall have the power to grant use and area variances ( as the same are defined in Town Law Section 267 ) . 1 . AREA VARIANCES . In addition to any other requirements -set forth in this Ordinance , the Board . of Appeals , in determining whether to grant an area variance shall consider all of the matters set forth in Town Law , Section 267 - b including specifically the considerations set forth in Section 267 - b 3 ( b ) and ( c ) . 2 . USE VARIANCES . ( a ) In addition to any other requirements set forth in this Ordinance , no use variance shall be granted , -unless the applicant shall show that applicable zoning regulations have caused unnecessary, hardship . In order to prove such unnecessary hardship the applicant shall demonstrate to the Board of Appeals that ( i ) Under applicable zoning regulations the applicant can not obtain a reasonable economic return from the property in question , which insufficient return must ,. be established by competent financial evidence ; ( ii ) The alleged hardship relating to the property in question is unique , and does not apply to 1. 21. 3 a substantial portion of the district or n eighborhood ; ( iii ) The requested use variance , if granted , will n ot alter the essential character of the n eighborhood ; and • ( iv ) The alleged hardship has not been self - created . ( b ) The foregoing criteria are intended to supersede , in accordance with Municipal Home Rule Law Section 10 1 ( ii ) d ( 3 ) , the criteria for granting use variances set forth in Town Law Section 267 - b 2 ( b ) and in particular the ✓ equirement that to obtain a use variance the applicant must demonstrate that the applicant is deprived of all e conomic use or benefit from the property , ( c ) All other criteria and provisions contained in Town Law Sections 267 et . seq . , except the requirement that the applicant demonstrate that the applicant is deprived of all economic use or benefit from property , are applicable to use variances in the Town of Danby . 3 . CONDITIONS . The Board of Appeals , shall in the granting of both use variances and area variances , have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property , or the period of time such variance shall be in effect . Such conditions shall be consistent with the spirit and intent of this Ordinance and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community . " S ection 3 . If any provision of this local law is found to be invalid by any court of competent jurisdiction , such invalidity shall not affect any other provisions of this local law . S ection 4 . This local law shall take effect upon its publication as required by law . Discussion : Councilperson Schwartz explained that there is a change in the New York State Law ( Section 267 , 267 - a , 267 - b , and 267 - c ) with respect to the criteria for use variances . Our Board of Appeals Chair recommends a change in our regulations as under the new State legislation it would be almost impossible for our BZA to grant a use variance . The proposed local law will give more discretion to the local Board of Appeals to grant a use variance . Councilperson Marisa said that this would enable the Town to handle uses that were not completely specified ( appropriate ) to every situation in the ordinance . This would enable the BZA a relief valve to access each situation on an individual basis . Comments from the Public : Raymond Mayo of 335 Ridgecrest Road said that he feels the zoning in Danby has always been selectively enforced . Howard Steiner of 1050 Coddington Road asked for clarification of use variance and if this would include day care facilities . Rick Dobson of Dobson Road said that people did not understand the definition of hardship when related to a variance request . John C . Shepardson Sr . of 318 Ridgecrest Road said he thinks that the New York State Law is to strict and the proposed local law is necessary . He would like to see it easier for residents to obtain a use variance . Joel Gagnon of 2353 Spencer Road spoke about the history of New York State laws related to Board of Appeals . 4 Chris Gartlein of 350 Hill Road said he was in favor of this law as stated and is very glad to see the Town Board looking out for the needs of the residents . Public Hearing Closed : Supervisor called the public hearing to a close at 8 : 15 P . M . arti eijel.. etttAirte) Carol W . SczepanOki, Town Clerk phm - 8 - 10 . 92 • • • • 120 1 Town Board Minutes August 10 , 1992 TOWN OF DANBY TOWN BOARD MINUTES Regular Meeting 8 : 00 P . M . August 10 , 1992 PRESENT : Supervisor Oltz Councilpersons : Hile , Marisa , Miller , Schwartz Others Present : Town Clerk - Carol Sczepanski Planning Board Chair - Nancy Weitzel Members of the Public : Joel Gagnon , Chris Gartlein , John Koval , William T . Genter , Howard Steiner , Raymond J . Mayo , Valerie and John C . Shepardson , Jr . , Edward M . Roberts PLEDGE OF ALLEGIANCE : Supervisor Oltz called the meeting to order at 8 : 15 P . M . and led all present in the Pledge of Allegiance to the American flag . APPROVAL OF MINUTES : July 13 , 1992 - Town Board Meeting Minutes June 22 , 1992 Public Hearing Minutes A motion was made by Councilperson -Marisa and seconded by Councilperson Schwartz to approve the June 22 , 1992 Public Hearing Minutes and the July 13 , 1992 Town Board Meeting Minutes as published . A roll call vote on the motion resulted as follows : Hile Aye Marisa Aye Miller Aye Schwartz Aye Oltz Aye Carried Unanimously PRIVILEGE OF THE FLOOR : Raymond Mayo - . 335 Ridgecrest Road - asked that a stipulation be added to the zoning ; ordinance that says zoning must be equally enforced in all of the Town . He said that he thinks our zoning is selectively enfowd . John Shepardson , Si . - 318 Ridgecrest Road - requested the Town Board to consider making a four -way stop at the intersection of Ridgecrest and • Nelson Roads . He reported that crossing Nelson Road is nearly impossible and very dangerous due to a blind intersection and speeding traffic . Howard Steiner - 1050 Coddington Road - :asked what the status of the Old Danby School building . Supervisor Oltz said that the Ithaca City School District has purchased the building and Community Council and the Danby Pre - school are looking into possibly leasing a portion of the building for their programs . Discussion followed regarding the loss of tax revenue from the tax exempt status of the building . COMMUNICATIONS : 1 ) Community Council Report - 8 / 4 / 92 2 ) Code Enforcement Officer Report - July 1992 3 ) Dog Control Officer Reports - May , June , July 1992 2 Town Board Minutes August 10 , 1992 OTHER REPORTS : • Community Council - Supervisor Oltz that the six ( 6 ) week 1992 Summer Recreation Program served ' a total of 55 Danby children . Community Council is in the process of preparing their 1993 budget requests . • Code Enforcement Report : S upervisor Oltz reported that the Code Enforcement Officer has been working on many projects . She reported that the unsafe building project on the corner of Miller Road East and Coddington Road has been resolved . H ighway Department Report : Councilperson Hile reported that the Town Highway Department has posted weight limits on East Miller Road . The Town has received complaints of heavy truck traffic on East Miller Road due to trucks hauling gravel to cap the Tompkins County Landfill . Senior Citizen Report : Edward M . Roberts reported that the Senior Citizens .are .interested in housing for seniors in Danby . P lanning Board Report : Chairperson Weitzel reported the following Planning . Board Agenda for August 19 , 1992 Meeting : - . 1 ) 6 : 30 P . M . - a field site tour of a proposed subdivision site on the Phinney property located near the corner of West Jersey Hill and King Road West ; 2 ) 7 : 30 P . M . - Regular Planning Board Meeting ; 3 ) 8 : 30 P . M . - Public Hearing - Proposed subdivision of Town of Danby Tax Parcel # 29 . - 1 - 8 . 8 - Koval to Smith ; 8 : 45 P . M . - Public Hearing - Proposed subdivision of Town of Danby Tax Parcel # 9 . - 1 - 11 . 4 - Radin Danby Fire District - Report W illiam Genter reported that the Fire District will hold a public h earing at the West Danby Fire Station on September 8 , 1992 at' 7 : 30 P . M . Purpose of hearing is the Proposed West Danby Fire Station . The referendum regarding the new fire station is on September 9 , 1992 from 6 - 9 P . M . at both West Danby Fire Station and the Danby Fire Station on 96B . The proposed cost of a new fire station is $ 889 , 000 . . D iscussion followed regarding the proposed cost of construction and the increased tax rate for the Town . Solid Waste Advisory Committee - Report J oel Gagnon reported that the thing that is going to save us is a n ew County Wide tax which is now called a County Wide User Fee . It is another way of collecting the same money with a greater certainty of collection . What is proposed is to divide the user fee into pieces . ( The piece you pay per bag basis and to lower the tipping fee so that it covers something close to the cost of d isposal ) and to cover the other programs which occur with subsidizing disposal with another fee . It will be based roughly o n waste generation rates and be put on your tax bill once per year . D iscussion followed regarding the increased for solid waste d isposal . Councilperson Schwartz asked Joel Gagnon that as his ✓ epresentative , to go back to the County and tell them to try cutting costs , laying people off who are not needed at the solid 12 ' 3 Town Board Minutes August 10 , 1992 waste program . He said the County could cut a half million dollars off the expense if curbside recycling was eliminated . We already h ave recycling drop - off centers . Councilperson Marisa suggested we open our own dump . Ray Mayo asked if the Town Board could instruct our representative , J oel Gagnon , to seek inquiries from the County as to why they are investigating Onondaga attempts to build an incinerator . He said as he understands it that within ten ( 10 ) years we must have an incinerator . NEW BUSINESS : RESOLUTION NO . 52 OF 1992 DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE - PROPOSED LOCAL LAW AMENDING THE ZONING ORDINANCE REGARDING THE BOARD OF APPEALS B y Councilperson Marisa : Seconded by Councilperson Schwartz WHEREAS , this action is the determination of environmental significance for the enactment of a proposed " Local Law Amending the Zoning Ordinance Regarding the Board of Appeals " , and.. WHEREAS , the consideration of enactment of said proposed Local Law is an Unlisted Action for which the Town of Danby Town Board has been legislatively : determined ' to act ' as Lead Agency in environmental review , pursuant to Local Law No . 2 . of 1991 " Providing for Environmental Review of Actions in the Town of Danby " , and WHEREAS , the Tompkins County Planning Department , acting as an involved agency in coordinated review , has responded on July 8 , 1992 that the Town is free to act without prejudice on the proposed Local Law , and WHEREAS , the Town of Danby Planning Board , by unanimous resolution following Public hearing on July 6 , 1992 , recommended to the Town Board that a negative determination of environmental significance be made for said proposed Local Law , and recommended that said proposed Local Law be approved , and WHEREAS , the Town , Board on August 10 . , 61992 has, reyiewed the draft Environmental Assessment Form prepared by the Code Enforcement Officer , recommending that a negative determination of environmental significance be made for the enactment of said proposed Local Law ; . nowTbe it S . • • RESOLVED , that the Town of Danby Town Board makes a negative determination of environmental significance for the ' enactment of the proposed " Local Law Amending the Zoning Ordinance Regarding the Board of Appeals " . . A roll call vote on the resolution resulted as follows : H ile Aye Marisa Aye Miller Aye Schwartz Aye O ltz Aye Carried Unanimously RESOLUTION NO 53 . OF 1992 CONSIDERATION OF ENACTMENT OF A PROPOSED LOCAL LAW AMENDING THE ZONING ORDINANCE REGARDING THE BOARD OF APPEALS B y Councilperson Schwartz : Seconded by Councilperson Miller RESOLVED , that the Town of Danby Town Board , having held a public h earing to consider enactment of a proposed " Local Law Amending the Zoning Ordinance Regarding the Board of Appeals " on August 10 , 1992 , and having on that date made a negative determination of 126 4 Town Board Minutes August 10 , 1992 environmental significance for the enactment of said proposed Local L aw , hereby does enact the proposed " Local Law Amending the Zoning O rdinance Regarding the Board of Appeals " . A roll call vote on the resolution resulted as follows : Hile Aye Marisa Aye Miller Aye Schwartz Aye Oltz Aye Carried Unanimously PLEASE TAKE . NOTICE that the Town Board of the Town of Danby at its regular meeting held . on Monday August 10 , 1992 adopted the following Local Law # 1 of 1992 . LOCAL LAW NO . 1 OF 1992 A LOCAL LAW AMENDING THE ZONING ORDINANCE REGARDING THE BOARD OF APPEALS Be it enacted by the Town Board of the Town of Danby a local law to be entitled " A LOCAL LAW AMENDING THE ZONING ORDINANCE REGARDING THE BOARD OF APPEALS " as follows : Section 1 . The Zoning Ordinance of the Town of Danby adopted December 11 , 1991 , be and the same hereby is amended as set forth in the following sections : Section 2 . Section 1104 - Board of Appeals , and Section 1105 - Variances , are amended to read as follows : " Section 1104 - BOARD OF APPEALS . There is hereby established a Board of Appeals which shall function in a manner prescribed by Sections 267 , 267 - a , 267 - b , and 267 - c of Article 16 of the Town Law of the State of New York except as the same are superseded by the provisions below . 1 . BOARD MEMBERS . There shall be five members of the Board of Appeals . The members of the Board of Appeals shall be residents of the Town of Danby and shall be appointed by the Town Board to serve for terms as prescribed by law . No person who is a member of the Town Board shall be eligible for membership on the Board of Appeals . 2 . OFFICERS . The Town Board shall designate the Chairperson of the Board of Appeals . The Board of Appeals shall choose a Vice Chairperson , who shall preside in the absence of the Chairperson . In the absence of both the Chairperson and Vice Chairperson , the Board of Appeals shall choose one of its members as Acting Chairperson . Such Chairperson , or Acting Chairperson , may administer o aths and compel the attendance of witnesses . The Board o f Appeals shall appoint a Secretary who shall take minutes of all its meetings and keep its records . Said Secretary need not be a member of the Board , 3 . RULES AND REGULATIONS . The Board of Appeals shall adopt from time to time such rules and regulations as" it may deem necessary to carry into effect the provisions of this ordinance and all its resolutions and orders shall be in accordance therewith . 4 . APPEALS TO THE BOARD . Any person aggrieved by any decision of any officer of the Town charged with enforcement of this ordinance may take an appeal to the Board of Appeals . The Board of Appeals shall , in accordance with the provisions contained in this Ordinance , and in accordance with the provisions of Town - 12 fAsi Law Sections 267 et . seq . ( except as the same are superseded by the provisions of this Ordinance ) , hear and determine appeals from any refusal of a building permit or certificate of occupancy by the person designated by the Town Board , or review any order or decision of said person where such order or decision is based upon the requirements of this ordinance . Such Board shall also hear and determine any other matter referred to it by the provisions of this Ordinance or any other law , regulation or resolution . Section 1105 - VARIANCES . The Board of Appeals , on appeal from the decision or determination of the Code Enforcement Officer , shall have the power to grant use and area variances ( as the same are defined in Town Law Section 267 ) . 1 . AREA VARIANCES . In addition to any other requirements set forth in this Ordinance , the Board of Appeals , in determining whether to grant an area variance shall consider all of the matters set forth in Town Law , Section 267 - b including specifically the considerations set forth in Section 267 - b 3 ( b ) and ( c ) . 2 . USE VARIANCES . ( a ) In addition to any other requirements set forth in this Ordinance , no use variance shall be granted unless the applicant shall show that applicable zoning regulations have caused unnecessary hardship . In order to prove such unnecessary hardship the applicant shall demonstrate to the Board of Appeals that ( i ) Under applicable zoning regulations the ' applicant can not obtain a reasonable economic ✓ eturn from the property in question , which insufficient return must be established by competent financial evidence; ' ( ii ) The alleged hardship relating to the property in question is unique , and does not apply to a substantial portion of the district or n eighborhood ; ( iii ) The requested use variance , if granted , will n ot alter the essential character of the neighborhood ; and ( iv ) The alleged hardship has not been self - created . 4 ( b ) The foregoing criteria are intended to supersede , in accordance with Municipal Home ' Rule - Law Section 10 1 ( ii ) d ( 3 ) , the criteria for granting use variances set forth in Town Law Section 267 - b 2 ( b ) and in particular the requirement that to obtain a use variance the applicant must demonstrate that the applicant is deprived of all economic use or benefit from the property . ( c ) All other criteria and provisions contained in Town Law S ections 267 et . seq . , except the requirement that the applicant demonstrate that the applicant is deprived of all economic use or benefit from property , are applicable t o use variances in the Town of Danby . 3 . CONDITIONS . The Board of Appeals , shall in the granting of both use variances and area variances , have the authority to impose such reasonable conditions ' and restrictions as are directly related to and incidental to the proposed use of the property , or the period of time such variance shall be in 5 . 28 effect . Such conditions shall be consistent with the spirit and intent of this Ordinance and shall be imposed for the purpose of minimizing any adverse impact such variance may h ave on the neighborhood or community . " Section 3 . If any provision of this local law is found to be invalid by any court of competent jurisdiction , such invalidity shall not affect any other provisions of this local law. . Section 4 . This local law shall take effect upon its publication as required by law . By Order of the Town Board Carol W . Sczepanski , Town Clerk LaRue Road Bridge Supervisor Oltz reported that the Highway Department would like to sell the bridge that is located on LaRue Road over Miller Creek . The bridge will be removed and replaced with a Box Culvert . Motion to Bid LaRue Road Bridge A motion was made by Councilperson Hile and seconded by Councilperson Marisa for the Highway Superintendent to start proceedings to seek bids for the sale of LaRue Road Bridge at his discretion . A roll call vote on the motion resulted as follows : H ile Aye Marisa Aye Miller Aye Schwartz Aye O ltz Aye Carried Unanimously APPROVAL OF WARRANTS : General Fund Warrant # 8 of 1992 , A motion was made by Councilperson Marisa and seconded by Councilperson Miller to approve the General Fund Warrant # 8 of 1992 in the amount of $ 11 , 791 . 49 . A roll call vote on the motion resulted as follows : H ile Aye Marisa Aye Miller Aye Schwartz Aye O ltz Aye Carried Unanimously Highway Fund Warrant # 8 of 1992 A motion was made by Councilperson Hile and seconded by Councilperson Schwartz to approve the Highway Fund Warrant # 8 of 1992 in the amount of $ 34 , 499 . 27 and that Claim # 112 for $ 27 , 996 . 00 payable to Capitol - Highway Material , Inc . be charged to the CHIPS Warrant # 3 of 1992 making the Highway Fund Warrant Total $ 6 , 503 . 27 . A roll call vote on the motion resulted as follows : H ile Aye Marisa Aye Miller Aye Schwartz Aye O ltz Aye Carried Unanimously CHIPS Fund Warrant # 3 of 1992 A motion was made by Councilperson Hile and seconded by Councilperson Schwartz to approve the CHIPS Fund Warrant # 3 of 1992 in the amount of $ 2 , 883 . 95 with the addition of Highway Fund Claim 6 129 # 112 of 1992 in the amount $ 27 , 996 . 00 of be added to the warrant for a total of $ 30 , 879 . 95 . A roll call vote on the motion resulted as follows : H ile Aye Marisa Aye Miller Aye Schwartz Aye O ltz Aye Carried Unanimously West Danby Water District Warrant # 7 of 1992 A motion was made by Councilperson Schwartz and seconded by Councilperson Marisa to approve the West Danby Water District Warrant # 7 of 1992 in the amount of $ 312 . 28 . A roll call vote on the motion resulted as follows : H ile Aye Marisa Aye Miller Aye Schwartz Aye O ltz Aye Carried Unanimously Town Supervisor ' s July 1992 Report A motion was made by Councilperson Marisa and seconded by Councilperson Hile to approve the Town Supervisor ' s July 1992 Report as submitted . A roll call vote on the motion resulted as follows : H ile Aye Marisa Aye Miller Aye Schwartz Aye O ltz Aye Carried Unanimously Town Clerk ' s July 1992 Report A motion was made by Councilperson Marisa and seconded by Councilperson Miller to approve the Town Clerk ' s July 1992 Report as submitted . A roll call vote on the motion resulted as follows : H ile Aye Marisa Aye Miller Aye Schwartz Aye O ltz Aye Carried Unanimously ADJOURNMENT : On a motion the meeting adjourned at 9 : 30 P . M . eaCarol W . Sczepa j1_ 'i , Town Clerk 7