HomeMy WebLinkAbout1994-06-01 331
TOWN OF DANBY
PUBLIC HEARING MINUTES
P ublic Hearing 6 : 30 P . M . June 1 , 1994
H ardesty
Local Law No . 1 of 1994
PRESENT :
S upervisor Oltz •
Councilpersons : Hile , Johnson , Schwartz , Steiner
Attorney - John Barney
• Town Clerk - Carol Sczepanski
Applicants - Paul and Mary Lou Hardesty
Members of the Public : Lily Newton , Diane Sherwood , Fred Wright ,
Ric Dietrich , Ken Newton , Dirk Galbraith , Paul Norton , Phyllis
Corey , Rick Lazarus , Mary Hovanec , Philip Simon , James L . Kelly ,
Charlotte and Raymond Mayo , Virginia Dean , Don Schaaf , Donna B .
Inman , Edward Inman , Robert Roe , Elizabeth Roe , Paul Hoover , John
B enjamin , Michael Kelly , Bill Farrell , Mary A . Moon , Jean and Pete
Ferris , John C . Shepardson , Sr . , Ray Babbitt , Neil Sherwood , Carol
B enjamin and others .
The Public Hearing was called to order by Supervisor Oltz at 6 : 30
P . M . and the following statement was read :
" All interested parties in favor of or opposing adoption of
local law relating to the Hillview Terrace Subdivision and
Mobile Home Park Expansion proposed by Paul and Mary Lou
Hardesty . Notice of this hearing was duly advertised in the
Ithaca Journal on May 20 , 1994 . "
The following Notice of Publication was read by the Town Clerk :
" NOTICE IS HEREBY GIVEN , that a Public Hearing will be held by the
Town of Danby Town Board on Wednesday , June 1 , 1994 at 6 : 30 P . M . ,
Town Hall , 1830 Danby Road , Ithaca , New York to consider Adoption
o f a Local Law to Amend the Zoning Ordinance to Establish a Mobile
Home Park Planned Development and a Residential Planned Development
w ithin Planned Development Zone 2 , to Modify the Boundaries of such
Zone , and further , to approve a General Site Plan for such zone .
The property is located southwest of the intersection of Danby Road
( Rte . 96B ) and South Danby Road , on Town of Danby Tax Parcels # 20 . -
1 - 4 . 2 and 20 . - 1 - 4 . 5 . Paul and Mary Lou Hardesty , Owners .
At such time and place all persons interested in the subject matter
thereof will be heard concerning the same .
A special meeting of the Town Board will follow the Public Hearing .
By Order of the Town Board
Carol W . Sczepanski , Town Clerk
Dated : May 18 , 1994
Published : May 20 , 1994 "
® Affidavit of Neighbor Notification was received .
WRITTEN RESPONSE TO PROPOSAL :
1 ) Kyle O ' Connor - 250 Bald Hill Road - Supports the proposal .
2 ) Patty Blakeslee - 83 Gunderman Road - Supports the proposal
and the Hardesty ' s Mobile Home Park .
3 ) Rhonda Engman - 571 South Danby Road - urges the Town to deny
the proposal .
4 ) Daniel Egan - 105 South Danby Road - is opposed to a zoning
change .
5 ) Ken and Lily Newton - 2 South Danby Road - oppose the proposal
for expansion .
Mary Lou Hardesty introduced Tom Neiderkorn and asked him to give
a brief history of the mobile park and a description of the
proposed project . He said that the Hardesty ' s have dealt with all
of the major concerns that have been brought up both by the
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2 Public Hearing - Hardesty
Local Law No . 1 of 1994
o fficial boards and the public . The Town of Danby Planning Board
h as recommended to the Town Board that it approve the General Site
P lan for this park and amend the Zoning Ordinance to accommodate
t his proposal . Based on facts and data collected from assessment
t here is very little evidence that there is any negative impact on
property values or assessed values near mobile home parks . ( A
summary of data on assessments was presented to the Town Board . )
Mr . Neiderkorn stated that he thinks the Hardesty ' s have done
e verything possible to create a development that is going to be
✓ aluable to the whole community of Danby , it is going to fulfill a
n eed , it will be something that everyone can be proud that it is
t here and can make good use of it for many , many years to come .
MEMBERS OF THE PUBLIC :
The following members of the public were in opposition of the above
✓ eferenced proposal :
Ken Newton - 2 South Danby Road - requested that his letter to the
B oard and correspondence from appraisers be read to the public . He
is concerned with the liability of the pond that is shared with the
H ardesty ' s . Councilperson Schwartz and Councilperson Hile read
t he communications submitted by Mr . Newton .
Residents Urging the Board to Complete an Environmental Impact
S tatement :
Ric Dietrich - 100 South Danby Road
N eil Sherwood - 2352 Danby Road
S upervisor Oltz asked the Town Clerk to note that a letter was
submitted by Mr . Sherwood .
Attorney Dirk Galbraith - Attorney for Neil and Diane Sherwood -
stated that he would like to address the Declaration of either
P ositive or Negative Significance . He said understands that the
procedure is that the Board must make that determination before
t aking a vote on the Proposed Local Law No . 1 of 1994 . He
✓ eferred to page 1 of Environmental Assessment Form and said he
✓ espectfully submits to the Board that the only possible choice in
t his case is Block C . Attorney Galbraith read the descriptions on
t he form and asked that the Board make a determination of Positive
D eclaration .
Residents Concerned With Effect on Property Values and Water Supply
E tc .
Mary Moon - 132 South Danby Road
Fred Wright - representing his mother Onalee Wright of 2350 Danby
Road .
Y
P aul
Norton - 2381 Danby Road - agrees with neighbors and thinks
t he proposal is a commercial venture that will have a great effect
o n the residential aspects of the neighborhood .
Rick Lazarus - Howland Road - thinks that trailer parks lower the
property value of adjacent homeowners and he would like to see the
project scaled down to individual homes as opposed to a mobile home
park .
The following residents were heard in support of the above
referenced proposal :
Mary Hovanec - 77 South Danby Road
Ray Mayo - 335 Ridgecrest Road
Michelle Kelly - 113 Heisey Road
Elizabeth and Robert Roe - 1820 Danby Road
D onna and Edw . Inman - 52 Bald Hill Road
Virginia Dean - 30 South Danby Road
J ohn Benjamin - 2190 Danby Road
B ill Farrell - 581 E . Miller Road
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3 Public Hearing - Hardesty
Local Law No . 1 of 1994
J ohn Shepardson - 335 Ridgecrest Road
Raymond Babbitt - 257 Jersey Hill Road
Phil Simon - representing MVE Homes of Cortland , New York and New
York State Manufactured Homes Association - presented statistics
✓ egarding manufactured homes that he feels are very positive .
D on Schaaf - 2152 Danby Road - Planning Board Member - has listened
t o many issues regarding this project at extensive Planning Board
IIIMeetings and they it was necessary to extend the rights to the
n eighbors to be heard regarding these issues . He said his own
o pinion is that in many cases they were nothing more than
prolonging the action . He supports the project .
Motion to Close Public Hearing :
A motion was made by Howard Steiner and seconded by Roger Hile to
close the Public Hearing at 7 : 40 p . m .
Carried Unanimously
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1402 /4 r i .1
Carol W . Sczepan; r : . , Town Clerk
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334
TOWN OF DANBY
TOWN BOARD MINUTES
S pecial Meeting 7 : 40 P . M . June 1 , 1994
H ardesty Proposal
L ocal Law No . 1 of 1994
PRESENT :
S upervisor Oltz
Councilpersons : Bile , Johnson , Schwartz , Steiner
Attorney - John Barney
Town Clerk - Carol Sczepanski
Applicants - Paul and Mary Lou Hardesty •
Members of the Public : Lily Newton , Diane Sherwood , Fred Wright ,
Ric Dietrich , Ken Newton , Dirk Galbraith , Paul Norton , Phyllis
Corey , Rick Lazarus , Mary Hovanec , Philip Simon , James L . Kelly ,
Charlotte and Raymond Mayo , Virginia Dean , Don Schaaf , Donna B .
Inman , Edward Inman , Robert Roe , Elizabeth Roe , Paul Hoover , John
B enjamin , Michael Kelly , Bill Farrell , Mary A . Moon , Jean and Pete
Ferris , John C . Shepardson , Sr . , Ray Babbitt , Neil Sherwood , Carol
B enjamin and others ..
S upervisor Oltz called the meeting to order at 7 : 40 P . M .
Attorney John Barney addressed the Town Board and explained the
regulations for the Board regarding making a Determination of a
P ositive or Negative Environmental Declaration of Significance .
RESOLUTION NO . 36 OF 1994
DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE , PROPOSED HILLVIEW
TERRACE SUBDIVISION AND MOBILE HOME PARK EXPANSION
B y Councilperson Steiner : Seconded by Councilperson Johnson
WHEREAS , Paul and Mary Lou Hardesty , the owners of the Planned
D evelopment Zone at the intersection of South Danby Road and Route
96B have requested that the Town of Danby adopt a local law
amending the Zoning Ordinance to establish a Mobile Home Park
P lanned Development and a Residential Planned Development within
P lanned Development Zone 2 and to modify the boundaries of such
zone and , in connection with such local law , to approve a modified
general site plan for such zone ; and
WHEREAS , this is a Type I action for which the Town of Danby Town
B oard is legislatively determined to act as lead agency in
environmental review ; and
WHEREAS , the Town of Danby Planning Board , the Tompkins County
Division of Environmental Health , and the Tompkins County
D epartment of Planning are agencies which have been notified of
t his action ; and
WHEREAS , the Town Board at and following public hearings on March
30 , 1994 and June 1 , 1994 , has reviewed the Long Environmental
Assessment Form , the review of same by the Code Enforcement
O fficer , the January 19 , 1994 recommendation by the Planning Board
that a negative declaration of environmental significance be made
for this action , and the supplemental information supplied in
connection with the Town Board public hearings on this matter and
comments developed at such hearings ,
NOW , THEREFORE , IT IS
RESOLVED , that the Town of Danby Town Board , acting as lead agency
in environmental review of this Type I action , make and hereby does
make a negative declaration of environmental significance with
respect to the adoption of a local law to amend the Zoning
O rdinance to establish a Mobile Home Park Planned Development and
a Residential Planned Development within Planned Development Zone
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2 Town Board Minutes
Special Meeting
June 1 , 1994
2 and to modify the boundaries of such Zone , and further , to
approve the related modified general site plan for such zone .
A roll call vote on the resolution resulted as follows :
Hile Aye
J ohnson Aye
S chwartz Aye
Steiner Aye
O ltz Aye Carried Unanimously
RESOLUTION NO . 37 OF 1994
AUTHORIZING ADOPTION BY THE TOWN BOARD OF THE TOWN OF DANBY OF
LOCAL LAW NO . 1 OF 1994 RELATING TO THE PROPOSED HILLVIEW TERRACE
S UBDIVISION AND MOBILE HOME PARK EXPANSION .
B y Councilperson Hile : Seconded by Councilperson Johnson
WHEREAS , the Town Board , on application of Mary Lou Hardesty , has
been requested to adopt a Local Law to Amend the Zoning Ordinance
t o Establish a Mobile Home Park Planned Development and a
Residential Planned Development within Planned Development Zone 2 ,
t o modify the boundaries of such Zone , and further , to approve a
general site plan for such zone ; and
WHEREAS , resolutions were duly adopted by the Town Board of the
Town of Danby establishing public hearings to be held by said Town
B oard on March 30 , 1994 and June 1 , 1994 , at the Town Hall in the
Town of Danby to hear all interested parties on a proposed local
law entitled " A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO
E STABLISH A MOBILE HOME PARK PLANNED DEVELOPMENT AND A RESIDENTIAL
P LANNED DEVELOPMENT WITHIN PLANNED DEVELOPMENT ZONE 2 AND TO MODIFY
THE BOUNDARIES OF SUCH ZONE " ; and
WHEREAS , notices of said public hearing were duly advertised in the
Ithaca Journal , the official newspaper of the Town of Danby , on
March 18 , 1994 and May 20 , 1994 ; and
WHEREAS , said public hearings were duly held , as previously
n oticed , and all parties in attendance were permitted an
o pportunity to speak on behalf of or in opposition to said proposed
local law or any part thereof , and in favor of or in opposition to
t he general site plan related to said local law modification ; and
WHEREAS , pursuant to Part 617 of the Implementing Regulations
pertaining to Article 8 ( State Environmental Quality Review Act ) it
has been determined by the Town Board of the Town of Danby that
adoption of said proposed local law and approval of the related
g eneral site plan would not have a significant effect upon the
e nvironment and could be processed by other applicable government
agencies without further regard to SEQR ; and
WHEREAS , the Tompkins County Department of Planning was notified
pursuant to Section 239 - m of the General Municipal Law of said
proposed action and , by letter dated March 22 , 1994 , advised the
Town Board of the Town of Danby that
( a ) " [ T ] here was no significant deleterious impact on
intercommunity , County , or State interests " by reason of said
proposed action ;
( b ) Said Department " made no recommendation " with respect to
such action ; and
( c ) The Town Board " was free to act without prejudice " ; and
WHEREAS , the Town Board of the Town of Danby , after due
336 Town Board Minutes
- 3 - Special Meeting
June 1 , 1994
deliberation , finds it in the best interests of the Town , to adopt
said local law and approve said general site plan ,
NOW , THEREFORE , BE IT
RESOLVED , that the Town Board of the Town of Danby hereby adopts
said local law entitled " A LOCAL LAW TO AMEND THE ZONING ORDINANCE
TO ESTABLISH A MOBILE HOME PARK PLANNED DEVELOPMENT AND A
RESIDENTIAL PLANNED DEVELOPMENT WITHIN PLANNED DEVELOPMENT ZONE 2
AND TO MODIFY THE BOUNDARIES OF SUCH ZONE " , a copy of which is
attached hereto and made a part of this resolution , and be it
further
RESOLVED , that the Town of Danby Town Board hereby approves the •
general site plan for such zone , such plan being entitled " General
Site Plan : Planned Development Zone 2 , Hillview Terrace Subdivision
and Mobile Home Park Expansion , Owners : Paul and Mary Lou Hardesty "
dated August , 1993 , revised through February 7 , 1994 , and be it
further
RESOLVED , that the Town Clerk be and she hereby is directed to
enter said local law in the minutes of this meeting and in the
local law book of the Town of Danby , to publish a copy of said
local law as required by law , and to give due notice of the
adoption of said local law to the Secretary of State of New York .
A roll call vote on the resolution resulted as follows :
H ile Aye
J ohnson Aye
S chwartz Aye
Steiner Aye
O ltz Aye
Carried Unanimously
LOCAL LAW NO . 1 - 1994
A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ESTABLISH A
MOBILE HOME PARK PLANNED DEVELOPMENT AND A RESIDENTIAL
(PLANNED DEVELOPMENT WITHIN PLANNED DEVELOPMENT ZONE 2
AND TO MODIFY THE BOUNDARIES OF SUCH ZONE.
Section 1 . The Zoning Ordinance of the Town of Danby as re- enacted , and re-
adopted by the Town Board on December 11 , 1991 , and subsequently amended , is
further amended as follows :
1 . The area described on Schedule A attached is hereby rezoned from Low
D ensity Residential to Town of Danby Planned Development Zone 2 .
2 . The area described on Schedule B attached is hereby rezoned from Town
of Danby Planned Development Zone 2 to Low Density Residential.
3 . Henceforth , Town of Danby Planned Development Zone 2 shall be comprised
of a Mobile Home Park Planned Development and a Residential Planned •
D evelopment , as shown on a map approved by the Town Board on March 30 , 1994
entitled " General Site Plan: Planned Development Zone 2 , Hillview Terrace
S ubdivision and Mobile Home Park Expansion , Owners : Paul and Mary Lou
H ardesty " dated August , 1993 , revised through February 7 , 1994 . The boundaries
of the Mobile Home Park Planned Development and the Residential Planned
D evelopment , and the overall boundaries of the entire Planned Development Zone
2 are set forth on Schedule C attached .
4 . The Zoning Map of the Town of Danby , including the Supplement to the
Zoning Map , Page 17 , is hereby amended to show the boundaries of Planned
D evelopment Zone 2 as set forth in this local law , which boundaries shall
supersede any previous boundaries for such Zone .
5 . The Residential Planned Development shall be subject to the following
provisions , notwithstanding any other pertinent zoning or subdivision
requirements :
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Special Meeting
June 1 , 1994
( a ) LIMITATION ON NUMBER OF LOTS . There shall be no more than
three residential lots in the Residential Planned Development and the
only uses on such lots shall be as set forth below.
( b ) PERMITTED PRINCIPAL USES . Permitted principal uses shall be
limited to the following :
( i ) one single- family dwelling unit per lot to be occupied by no
more than one family .
( ii ) a two-family dwelling provided that
( A ) each dwelling unit is occupied by no more than one
family ; and
( B ) . one of the two units in the building are occupied by the
owner of the building . For purpose of this ordinance the
" owner " is one or more natural persons at least 18 years of
age who is or are the record owner of at least a 50% interest
in the property . Title held in tenants by the entirety or joint
tenants shall be deemed ( unless otherwise specifically
designated in the deed or other record ) for this purpose to
be held in proportion to the number of joint tenants on the
deed ( e . g . , if there are three persons on the deed as joint
tenants , each is deemed to hold a one- third interest. In that
circumstance at least two of the deed record owners would
have to occupy the premises to qualify the building as being
occupied by the owner of the building . )
( c ) PERMITTED ACCESSORY USES . Accessory uses shall be limited to
those accessory uses permitted in a Low Density Residential Zone
without a special permit by other terms of this ordinance.
( d ) USES PERMITTED BY SPECIAL PERMIT ONLY. The only other
permitted uses shall be by special permit and shall be limited to
( i ) Nursery Schools , group family day care homes , and day care
centers .
( ii ) Customary home occupations and professional residential
offices where no external visible evidence of same exists on
the site .
( iii ) Doublewide mobile homes if the same are permanently mounted
on foundations .
( e ) BUFFER YARD REQUIREMENTS . A buffer yard 75 feet deep shall be
established and maintained between the proposed Residential Planned
Development and adjacent properties outside of Planned Development
Zone 2.
( f ) LOT AREA. The lot area required for the residential lots shall be as
shown on the final site plan which shall substantially conform to the
general site plan referred to above .
( g ) OTHER REQUIREMENTS . Yards , signs , height and building area shall
be in conformity with the requirements for same in a Low Density
Residential Zone , except that frontage requirements for each lot shall
be as shown on the above - referenced site plan .
6. The Mobile Home Park Planned Development shall be subject to the
provisions of " Section 605 - Mobile Home Park Zone , Town of Danby Zoning
O rdinance " , as if it were a mobile home park governed by said section . In
addition to the provisions set forth in Section 605 , the Mobile Home Park Planned
Development shall be subject to the supplemental provisions set forth below.
W here there is a conflict on a specific matter between the provisions of Section
605 and the provisions of this local law , the provisions of this local law shall
g overn . The supplemental provisions are as follows :
337 Town Board Minutes
Special Meeting
June 1 , 1994
Attachment to :
Resolution No . 37 of 1994
Local Law No . 1 of 1994
( a ) MAXIMUM NUMBER OF MOBILE HOMES .
( 1 ) There shall be no more than 26 mobile homes located within
the presently- existing Hiliview Terrace Mobile Home Park .
( ii ) There shall be no more than 31 additional mobile homes located
elsewhere in the Mobile Home Park Planned Development , such
additional homes to be located substantially as shown on the •
above- referenced site plan .
( b ) ACCESSORY USES . In addition to the accessory uses permitted by
Section 605 , the following accessory uses are permitted :
( i ) Structures and facilities for water supply , sewage disposal ,
and other utilities as may be necessary for operation of the
Mobile Home Park Planned Development.
( ii ) Customary home occupations .
( c ) SITE LAYOUT . The construction and location of the mobile homes
and all other structures and facilities shall be as shown on the final
site plan approved by the Planning Board , which final site plan shall
be substantially in accord with the above referenced site general
site plan . There will be no change in location of mobile homes ,
stands , structures , or other facilities , anywhere in the Mobile Home
Park Planned Development , without approval of a modified final site
plan by the Planning Board . When the Planning Board is of the
reasonable opinion that the modified site plan is a significant
deviation from the general site plan referenced above , no modified
site plan shall be approved by the Planning Board until the site
plan has been submitted to , and approved by ,. the Town Board after
public hearing .
( d ) INSTALLATION AND STANDS . Mobile homes and their installations
shall comply with pertinent requirements of the New York State
Uniform Fire Prevention and Building Code and its generally
accepted standards for mobile homes . Any mobile homes installed in
the Planned Development Zone 2 after the effective date of this local
law shall , in addition , comply with any other requirements contained
in this zoning ordinance or other Town legislation related to
installation and stands , except that no anchoring shall be required
of mobile homes installed on the stands in the existing Hiliview
Mobile Home Park located along Tammy Drive .
( e ) BUFFER YARDS . The normally required 30 foot buffer strip
contained in subdivision 10 of Section 605 shall be increased to a
required buffer strip at least 75 feet wide between the Mobile Home
Park Planned Development and adjacent properties outside of
Planned Development Zone 2 . No structures and no parking spaces
are permitted in the buffer yards , except for utility structures
which are customary to mobile home park operation. Landscaping as
shown on the General Site Plan shall be installed within one year of
the date of final site plan approval. If not so installed , no further
building permits shall be issued for any construction anywhere in
Planned Development Zone 2 , or for the siting of any mobile homes
in Planned Development Zone 2 until the required landscaping is
installed .
( f ) ACCESS DRIVES AND WALKWAYS . Access drives in the proposed area
for expansion in the Mobile Home Park Planned Development shall be
paved with blacktop , concrete , or other solid material , as shown on
the approved final site plan . The drives and walkways in the already
existing mobile home park area of the Mobile Home Park Planned
Development may be constructed of a different surface material , such
as crusher run stone , provided that the surface provides adequate
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Town Board Minutes 3
Special Meeting
June 1 , 1994
Attachment to :
Resolution No . 37 of 1994
Local Law No . 1 of 1994
support and access for emergency vehicles such as ambulances and
fire trucks .
( g ) STORAGE . No outside storage of equipment or other household
materials is permitted , nor is any such storage underneath the
mobile homes permitted . The mobile home owner may erect a secure
storage structure on a lot subject to the minimum setback
requirements shown on the " Typical Lot Layout " provided with the
above- referenced general site plan , subject to any pertinent building
® code requirements .
( h ) SCREENING OF WASTE AND REFUSE. If collection areas for waste and
refuse are provided for the convenience of several home owners ,
such areas shall be secure from animals and the elements and of
suitable size , and shall be screened from public view by landscaping
or fencing in accordance with Section 605 of this zoning ordinance .
( il SIGNS . A sign identifying the mobile home park area is permitted
at each park entrance . No such sign shall exceed 50 square feet in
size .
( j ) BUILDING PERMITS . A building permit shall be required for each
mobile home and , except as exempted by Section 1101 of the Zoning
Ordinance , for all accessory buildings and other structures .
( k ) SITE PLAN APPROVALS . No building permit shall be issued for a
structure within the Mobile Home Park Planned Development unless
the proposed structure is in accordance with a site plan approved
pursuant to the provisions of this Ordinance and approved by the
Tompkins County Health Department. No subdivision of the Mobile
Home Park Planned Development is permitted without approval of the
Town Board , following Planning Board review . No alteration ,
amendment , or change in the Final Site Plan as approved by the
Planning Board is permitted without further approval by the
Planning Board ( except as provided in the Zoning Ordinance relative
to modifications to site plans ) .
( 1 ) PROHIBITION OF CONSTRUCTION. Notwithstanding the foregoing ,
there shall be no new construction in the proposed Mobile Home Park
Planned Development except for the construction of park access
drives and utilities until the applicant has complied with all
applicable requirements of the Tompkins County Health Department
and demonstrated to the satisfaction of the Planning Board that the
water supply and sewage disposal systems needed for the existing
and the expanded mobile home park have no adverse impact on the
quantity or quality of water supplies of existing residences adjoining
the site , and until the applicant has been granted Final Site Plan
Approval by the Planning Board .
Section 2 . In the event that any portion of this law is declared invalid by a
court of competent jurisdiction , the validity of the remaining portions shall not
be affected by such declaration of invalidity.
Section 3 . This law shall take effect 20 days after its adoption or the date it is
filed in the Office of the Secretary of State of the State of New York , whichever
is later.
SCHEDULE A
Description of lands being rezoned from Low Density Residential to Planned
Development Zone 2 :
Commencing at a point in the centerline of South Danby Road , which point of
beginning is approximately 1180 feet south along South Danby Road from its
intersection with the centerline of Route 96B and which point of beginning is in
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Special Meeting
June 1 , 1994
Attachment to :
Resolution No . 37 of 1994
Local Law No . 1 of 1994
the northeast corner of premises reputedly owned by Hardesty ( tax parcel 20- 1 -
4 . 5 ) and formerly owned by Floyd and Marian Hoover and known generally as 50
South Danby Road ; running thence south along the centerline of South Danby
Road approximately 110 feet to the southeast corner of Lot 3 as shown on the
General Site Plan referred to in this local law ; running thence west along the
south line of said. Lot 3 a distance of approximately 215 feet to the intersection
of said Lot line with the centerline of a drainage stream ; running then
northeasterly along said drainage stream and along a culvert to the point or
place of beginning .
•
SCHEDULE B
D escription of lands being rezoned from Planned Development Zone 2 to Low
D ensity Residential:
Parcel 1 :
Commencing at a point in the southwest corner of premises reputedly owned by
H ardesty ( tax parcel 20- 1 - 4 . 5 ) and formerly owned by Floyd and Marian Hoover
and known generally as 50 South Danby Road , which point of beginning is
approximately 625 feet west of a point in the centerline of South Danby Road
which point is located approximately 1690 feet south along the centerline of South
D anby Road from its intersection with the centerline of Route 96B ; running thence
from said point of beginning north 30 degrees 25 ' east along a westerly line of
said Hardesty premises 135 . 5 feet ; running thence north 64 degrees 57 ' east
approximately 430 feet to the south line of Lot 3 as shown on the General Site
Plan referred to in this local law ; running thence westerly along the south line
of Lot 3 approximately 380 feet to the southwest corner of Lot 3 ; running thence
southerly along the extended west line of Lot 3 approximately 400 feet to the
point or place of beginning .
Parcel 2 :
Commencing at the same point of beginning as Parcel 1 above , running thence
easterly along the south line of said Hardesty property 625 feet to centerline
S outh Danby Road ; running thence south along said centerline 40 feet ; running
thence westerly parallel to the first course above approximately 625 feet; running
thence northerly 40 feet to the point of beginning .
The above descriptions are based , in part , upon a survey map entitled " Survey
Map of a Dwelling at 50 South Danby Rd . " prepared by Howard R. Schlieder dated
October 17 , 1986 .
SCHEDULE C
Description of Mobile Home Park Planned Development:
Commencing at a point in the centerline of South Danby Road , which point of
beginning is approximately 790 feet south along South Danby Road from its •
intersection with the centerline of Route 96B and which point of beginning is in
the southeast corner of premises reputedly owned by Tierney ( tax parcel 20- 1 - 5 ) ;
running thence south along the centerline of South Danby Road approximately 220
feet ; running thence westerly , and substantially parallel to Tammy Drive a
distance of approximately 585 feet to a point ; running thence south along the
west line of Lot 3 and premises of Hardesty as shown on the General Plan
referred to above approximately 720 feet ; running thence west along the north
line of Lot 2 approximately 470 feet to a point; running thence south along a
west line of Lot 2 approximately 130 feet to a point ; running thence west along
a line of Lot 2 a distance of approximately 50 feet to a point; running thence
north , in part along premises reputedly of Van De Bogart ( tax parcel 20- 1 - 1 . 2 )
and Wright ( tax parcel 20- 1 - 3 ) a total distance of approximately 1874 feet to the
south line of premises reputedly of Sherwood ( tax parcel 20- 1 -4 . 1 ) ; running
thence east along Sherwood approximately 200 feet to Sherwood ' s southeast
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Town Board Minutes
Special Meeting
June 1 , 1994
Attachment to :
Resolution No . 37 of 1994
Local Law No . 1 of 1994
corner; running thence north along Sherwood ' s east line approximately 161 feet
to the south line of Route 96B ; running thence east along the south line of Route
96B approximately 750 feet to the west line of premises reputedly owned by
N ewton ( tax parcel 20- 1 - 6 ) ; running thence southerly along Newton ' s west line
approximately 278 feet to a point in the north line of premises reputedly owned
by Tierney ; running thence west along Tierney ' s north line approximately 100
feet to Tierney ' s northwest corner ; running thence south along Tierney ' s west
line approximately 448 feet to Tierney ' s southwest corner ; running thence east
along Tierney ' s south line approximately 274 feet to the place of beginning .
Description of Residential Planned Development:
Parcel 1:
Commencing at a point in the centerline of South Danby Road , which point is
located approximately 1010 feet south from its intersection with the centerline
of Route 96B and which point of beginning is at the end of the first course in
the above description of the Mobile Home Park Planned Development ; running
thence south along the centerline of South Danby Road approximately 170 feet to
a point which is the northeast corner of premises reputedly owned by Hardesty
( tax parcel 20- 1 - 4 . 5 ) ; thence running southerly along the centerline of South
Danby Road approximately 110 feet to the southeasterly corner of Lot 3 as shown
on the General Plan referred to above ; running thence westerly along the south
line of Lot 3 a distance of approximately 595 feet to the southwesterly corner of
Lot 3 ; running thence northerly a distance of approximately 280 feet to the
northwest corner of Lot 3 ; running thence easterly a distance of approximately
585 feet to the place of beginning .
Parcel. 2 :
Commencing at a point in the centerline of South Danby Road , which point of
beginning is located approximately 1730 feet south of the intersection of said
centerline with the centerline of Route 96B , which point of beginning is 80 feet
north along said centerline from the northeast corner of premises reputedly
owned by Dietrich ( tax parcel 20- 1- 4 . 3 ) ; running thence south along said
centerline approximately 80 feet to the northeast corner of Dietrich ; running
thence west along Dietrich ' s north line approximately 455 feet to the northwest
corner of Dietrich ; running thence south - southwesterly along Dietrich ' s west line
approximately 600 feet to a point ; running thence westerly along the south line
of Lot 1 as shown on said General Plan a distance of approximately 575 feet to
the west line of the premises owned by Hardesty ( tax parcel 20- 1 -4 . 2 ) ; running
thence northerly along the west line of Lot 2 as shown on said Plan
approximately 550 feet to a point ; running thence easterly approximately 50 feet ;
running thence northerly approximately 130 feet; running thence easterly in part
along the south line of the Mobile Home Park Planned Area a distance of
approximately 1095 feet to the point or place of beginning ..
D escription of Planned Development Zone 2 :
Commencing at a point in the centerline of South Danby Road , which point of
beginning is approximately 790 feet south along South Danbyy Road from its
intersection with the centerline of Route 96B and which point of beginning is in
the southeast corner of premises reputedly owned by Tierney ( tax parcel 20- 1- 5 ) ;
running thence south along the centerline of South Danby Road approximately 220
feet; continuing thence south along the centerline of South Danby Road
approximately 170 feet to the northeast corner of premises reputedly owned by
Hardesty ( tax parcel 20- 1 - 4 . 5 ) ; thence running southerly along the centerline of
S outh Danby Road approximately 110 feet to the southeast corner of Lot 3 as
shown on said General Plan ; running thence westerly along the south line of Lot
3 approximately 595 feet; thence running southerly 400 feet to the southwest
corner of said Hardesty parcel ; running thence south along the west line or
extended west line of said Hardesty parcel approximately 40 feet to a point;
running thence east a distance of approximately 625 feet to the centerline of
S outh Danby Road which point is approximately 80 feet north along said
centerline from the northeast corner of premises reputedly owned by Dietrich
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3 4 2
Attachment to :
Resolution No . 37 of 1994
Local Law No . 1 of 1994
( tax parcel 20- 1 - 4 . 3 ) ; running thence south along said centerline approximately
80 feet to the northeast corner of Dietrich ; running thence west along Dietrich ' s
north line approximately 455 feet to the northwest corner of Dietrich ; running
thence south - southwesterly along Dietric. h ' s west line approximately 600 feet to
a point; running thence westerly along the south line of Lot 1 as shown on said
General Plan a distance of approximately 575 feet ; running thence northerly along
the west line of Lot 2 as shown on said Plan. approximately 550 feet to a point; •
continuing thence .north , in part along premises reputedly of Van De Bogart ( tax
parcel 20- 1 - 1 . 2 ) and Wright ( tax parcel 20- 1 - 3 ) a total distance of approximately
1874 feet to the south line of premises reputedly of Sherwood ( tax parcel 20- 1 -
4 . 1 ) ; running thence east along Sherwood approximately 200 feet to Sherwood ' s •
southeast corner ; running thence north along Sherwood ' s east line approximately
161 feet to the south line of Route 96B ; running thence east along the south line
of Route 96B approximately 750 feet to the west line of premises reputedly owned.
by Newton ( tax parcel 20- 1 - 6 ) ; running thence southerly along Newton ' s west line
approximately 278 feet to a point in the north line of premises reputedly owned
by Tierney; running thence west along Tierney ' s north line approximately 100
feet to Tierney ' s northwest corner ; running thence south along Tierney ' s west
line approximately 448 feet to Tierney ' s southwest corner ; running thence east
along Tierney ' s south line 274 feet to the place of beginning .
ADJOURNMENT:
On a motion the meeting adjourned at 8 : 00 P . M .
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Carol W . Sczepans . .# , own Clerk
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