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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 33 ? 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 333 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 5 1402 /4 r i .1 Carol W . Sczepan; r : . , Town Clerk "' III I 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 335 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 : - 4 - Town Board Minutes 337 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 5 amillmmommi 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 6 . y . 340 Town Board Minutes 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 7 aNNE 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 8 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 . 1 la44..AdeL■ (� r Carol W . Sczepans . .# , own Clerk • 9