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HomeMy WebLinkAbout1996-09-09 599 1 Town Board Minutes September 9, 1996 TOWN OF DANBY TOWN BOARD MINUTES Regular Meeting 6 : 00 P. M. September 9, 1996 PRESENT : Supervisor Oltz Councilpersons : Edward Inman, Rosa Lee Johnson, Joseph Schwartz, Howard Steiner S Others Present : Carol Sczepanski - Town Clerk Code Enforcement Officer - Susan Beeners County Representative - Frank Proto Members of the Public : Roy Casterline, Robert Roe, Edward M . Roberts, Joel Gagnon APPROVAL OF MINUTES : Approval of July 8 , 1996 Town Board Meeting Minutes A motion was made by Councilperson Steiner and seconded by Councilperson Inman to approve the Town Board Minutes of July 8 , 1996 as published . A roll call vote on the motion resulted as follows : Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Approval of August 12. 1996 Town Board Meeting Minutes A motion was made by Councilperson Steiner and seconded by Councilperson Schwartz to approve the Town Board Minutes of August 12, 1996 as published . A roll call vote on the motion resulted as follows : Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously ADDITIONS TO THE AGENDA : 1 ) Supervisor Oltz requested the addition of a resolution - Permission to Sign the Tompkins County\Town of Danby Snow Removal Agreement • 2) Councilperson Steiner requested the addition of a resolution for the Town of Danby to seek Bids for the Old Highway Barns . 3 ) Councilperson Schwartz requested that a resolution for appointments to Youth Commission Board be added to the agenda. No Board member objected . Councilperson Johnson arrived at 6 : 10 P . M. APPROVAL OF WARRANTS : General Fund Warrant No . 9 of 1996 - Approved A motion was made by Councilperson Steiner and seconded by Councilperson Schwartz to approve G 0 0 2 Town Board Minutes September 9 , 1996 the General Fund Warrant No . 9 of 1996 , voucher numbers 246 - 264, in the amount of $ 3 , 122 . 21 . A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously • Highway Fund Warrant No . 9 of 1996 - Approved A motion was made by Councilperson Inman and seconded by Councilperson Steiner to approve the Highway Fund Warrant No . 9 of 1996. voucher numbers 124 - 137 in the amount of $32, 427 . 92 . A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously West Danby Water District Fund Warrant No . 9 of 1996 - Approved A motion was made by Councilperson Inman and seconded by Councilperson Steiner to approve the West Danby Water District Fund Warrant No . 9 of 1996 voucher numbers 31 - 33 in the amount of $ 191 . 25 . A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Approval of Town Supervisor' s August 1996 Report A motion was made by Councilperson Steiner and seconded by Councilperson Inman to approve the Town Supervisor' s August 1996 Report as submitted . A roll call vote on the motion resulted as follows : Inman. Aye Johnson Aye Schwartz Aye Steiner Aye • Carried Unanimously Approval of Town Clerk' s August 1996 Report A motion was made by Councilperson Schwartz and seconded by Councilperson Steiner to approve the Town Clerk' s August 1996 Report as submitted . A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously 0I 3 Town Board Minutes September 9, 1996 PRIVILEGE OF THE FLOOR ICE CREAM SOCIAL Town Clerk, Carol Sczepanski reported that the "Ice Cream Social" was held at the Town Hall on Sunday, September 8, 1996 as a special event for the celebration of the Settling and Bicentennial of the Town of Danby. She thanked the Town Officials who participated by serving ice cream . at the event and reported that it was a great success . Edw. M. Roberts reminded the Town Board and public that Tuesday, September 10, 1996 was a Primary Election Day . The polls will be open from 12 Noon until 9 : 00 P . M. Proposed Tompkins County Intermunicpal Cable Franchise Agreement: Councilperson Steiner said that he believes that one of the things the Danby residents are missing out on is Governmental Access. He would like to see the density requirement in the Town for cable service reduced to increase the availability of cable service to some of the outlying areas in the Town of Danby. He asked Supervisor Oltz to pass his area of concern on to the committee dealing with the Tompkins County Intermunicipal Cable Commission . Supervisor Oltz reported that Tom Corey will supply the Town with draft insurance specifications for proposals for our Town Insurance package . County Representative Report: County Representative Frank Proto reported on the following : 1 ) County Flu Clinics- Tompkins County Flu Clinics have been scheduled . The Danby Flu Clinic is on October 16, 1996 at the Danby Federated Church from 9 : 00 a. m. to 12 : 00 noon . 2) Prisoner Board-outs - The County is asking NYS to cover the actual cost for State ready prisoners who are housed in the County jail. NYS does not reimburse the County the full cost to house State ready prisoners . 3 ) Recycling- The County will no longer reimburse the City of Ithaca for their recycling costs . The County may close all of the recycling drop-off centers . 4) Reading Centers - Finger Lakes Library System may be asked to take back the reading centers . The cost to operate the reading centers is more than anticipated . 5 ) Proposed 1997 County Budget - Mr. Proto submitted the Town with a copy of the Proposed 1997 County Budgets . There will be a budget work session at the Boynton Cafeteria on Wednesday, September 11 , 1996 at 7 : 00 to give the public the opportunity to become involved with the procedures and decisions . COMMUNICATIONS : 1 ) Letter of Credit - Extension of Fieldstone Circle Letter of Credit - filed September 6, 1996 REPORTS 1 ) Youth Commission Meeting - Wednesday, September 11 , 1996 - 7 : 00 P . M . 2) Highway Department Report - August 1996 3 ) SPCA - July 1996 Report 4) Planning Board Minutes - July 1996 Supervisor Oltz reported that she has not received all department requests for the Fiscal Year 1997 Budget. The Board will have a budget meeting on Thursday, September 12, 1997 at 4 : 30 P . M . OLD BUSINESS : Certificate of Necessity ( O2 4 Town Board Minutes September 9, 1996 A motion was made by Councilperson Schwartz and seconded by Councilperson Steiner to authorize Supervisor Oltz to sign a Certificate of Necessity for the immediate passage of the local law entitled "A LOCAL LAW AMENDING THE SUBDIVISION REGULATIONS OF THE TOWN OF DANBY, NEW YORK". A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Supervisor Oltz signed the Certificate of Necessity for the immediate passage of the local law entitled "A LOCAL LAW AMENDING THE SUBDIVISION REGULATIONS OF THE TOWN OF DANBY, NEW YORK" . RESOLUTION NO. 49 OF 1996 - Approved DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE - CONSIDERATION OF ENACTMENT OF A LOCAL LAW AMENDING HUE SUBDIVISION REGULATIONS OF THE TOWN OF DANBY, NEW YORK By Supervisor Oltz : Seconded by Councilperson Schwartz WHEREAS , the Town of Danby Planning Board has recommended various revisions to the " Subdivision Regulations of the Town of Danby, New York" ; and WHEREAS, The enactment of a local law amending the " Subdivision Regulations" is an Unlisted Action for which the Town of Danby Town Board has been legislatively determined to act as Lead Agency in environmental review, and for which the Tompkins County Department of Planning is an involved agency; and WHEREAS, the Town of Danby Town Board, at and following public hearing on August 7, 1996 has reviewed the Short Environmental Assessment Form for this action and the review of same by the Code Enforcement Officer; now, therefore, it is RESOLVED, that the Town of Danby Town Board, acting as Lead Agency in environmental review of this Unlisted Action, makes a negative determination of environmental significance with respect to the enactment of a Local Law amending the " Subdivision Regulations of the Town of Danby, New York" . A roll call vote on the resolution resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously • RESOLUTION NO. 50 of 1996 - Approved CONSIDERATION OF ENACTMENT OF A LOCAL LAW AMENDING THE SUBDIVISION REGULATIONS OF THE TOWN OF DANBY, NEW YORK By Supervisor Oltz : Seconded by Councilperson Steiner WHEREAS , the Town of Danby Planning Board has recommended various revisions to the " Subdivision Regulations of the Town of Danby, New York" ; and WHEREAS, the enactment of a local law amending the " Subdivision Regulations : is an Unlisted Action for which the Town of Danby Town Board, on September 9, 1996 has made a negative determination of environmental significance; and 6o3 5 Town Board Minutes September 9, 1996 WHEREAS, a public hearing was duly held by the Town of Danby Town Board on August 7, 1996 to hear all interested parties in the matter; and WHEREAS , notice of said public hearing was duly advertised in the Ithaca Journal, the official newspaper of the Town of Danby on July 26 , 1996 ; now, therefore, it is ill . RESOLVED , that the Town of Danby Town Board hereby adopts Local Law Number 2 of 1996, �0 4 m entitled "A Local Law Amending the Subdivision Regulations of the Town of Danby, New York" , _g a copy of which is attached hereto and made a part of this resolution; and it is 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 the State of New York . A roll call vote on the resolution resulted as follows : Inman. Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously RESOLUTION NO. 51 OF 1996 - APPROVED APPROVAL OF MINOR LAND DIVISION PERMIT FORM AND FEE By Supervisor Oltz : Seconded by Councilperson Inman WHEREAS, the Town of Danby Town Board on September 9 , 1996 enacted Local Law No . 2 of 1996, "A Local Law Amending the Subdivision Regulations of the Town of Danby" ; and WHEREAS, the Town Board has reviewed a draft Minor Land Division Permit Application; and, WHEREAS, the Code Enforcement Officer has recommended that a non-refundable fee of $25 . 00 be charged for the processing of said Application and the issuance of a Minor Land Division Permit ; now, therefore, it is RESOLVED , that the Town Board approves the content of the draft Minor Land Division Permit Application; and it is FURTHER RESOLVED, that the Town Board establishes a non-refundable fee of $25 . 00 to be paid by the applicant for the processing of said application and the issuance of a Minor Land Division Permit. A roll call vote on the resolution resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Gov 6 Town Board Minutes September 9, 1996 TOWN OF DANBY MINOR LAND DIVISION PERMIT APPLICATION Applicant Name : Phone : Address Property Owner : (if different from applicant) Name : Phone Address Property ID : Tax Parcel No . Total Acreage Road/Address XXXXXXXXXX • • • • • • • • • • XXXXXXXXXXXXXXXXXXXXX Please answer the questions below . If any of the questions are answered "No" , please explain below or on an attachment . Is this a subdivision of land into no more than four (4) lots (where at least YES NO one lot is 5 acres or less in area - excluding any land within a public road right-of-way) in any consecutive 3 -year period? How many lots that are 5 acres or less in area have been subdivided out of the involved parcel in the last 3 years? YES NO • Does this subdivision : -conform with all pertinent zoning requirements? -involve extending an existing or creating a new public road or public water or sewer utility? -have all of the lot frontage on roads depicted with a Solid- line, as opposed to a Dashed-line, on the Zoning Map of the Town of Danby? -lie outside, and 250 feet or more away from a designated Critical Environmental Area, designated Freshwater Wetland, Area of Special Flood Hazard as defined in the Town of Danby ' s laws relating to Flood Damage Protection, and other design- named area specially protected by legislation of any local, county, state, or federal governmental body? And -include on less than 50% of the total land area, slopes of greater than 15 % (greater than 15 feet of rise in 100 feet of distance) ? XXXXXXXXXXX • • XXXVOCXXXXXXXXXXXXX XX I hereby apply under the Subdivision Regulations of the Town of Danby, New York for a Minor Land Division Permit, to divide a tract of land as described in this application, and I certify that the statements herein contained are true to the best of my knowledge and belief. I further hereby consent to permit the Town of Danby Code Enforcement Officer to enter the property described herein without a search warrant during reasonable hours without interference in order to perform any inspections needed relevant to the proposed Minor Land Division. Applicant Signature Date FOR OFFICE USE ONLY: PERMIT # Approved as conforming to the requirements of the Town of Danby Subdivision Regulations and Zoning Ordinance (including current amendments. No review has been made of the suitability for sanitary facilities or water supply, or conformance with the regulations of other jurisdictions." FEE .Ib C' �..�. — ' S' �4rir:.,- ,.. . _ O' a �:. .. . f rs � / n ‘ 43 -19 TOWN OF DANBY LOCAL LAW NO . 2 OF 1996 A LOCAL LAW AMENDING THE SUBDIVISION REGULATIONS OF THE TOWN OF DANBY, NEW YORK Be . it enacted by the Town Board of the Town of Danby a local law to be entitled "A LOCAL LAW AMENDING THE SUBDIVISION REGULATIONS OF THE TOWN OF DANBY, NEW YORK" as follows : Section 1 . The Subdivision Regulations of the Town of Danby, New York, as adopted by the Town of Danby Planning Board on December 5 , 1991 and approved by the Town of Danby Town Board on December 11 , 1991 , are hereby amended as set forth in the following sections : Section 2 . The present Section 100 . Authorization, is deleted, and a new Section 100 . Authorization, is inserted to read as follows : " Section 100. Authorization . 1 . These regulations shall be known and cited as the " Subdivision Regulations of the Town of Danby, New York" . 2 . The power to approve , approve with conditions , or deny subdivision plats is vested in the Planning Board as provided by these regulations . 3 . The Planning Board is authorized to develop and enforce standards for the control of land subdivision and to approve plats for subdivisions and for new streets within the Town of Danby, and to exercise all other powers delegated to it by the Town Board . 4 . The Planning Board is empowered at the time of the approval of a plat either to confirm the zoning regulations of the land so platted as shown on the official zoning map of the Town or to make any reasonable change therein, upon following the procedure required by Section 278 of the Town Law. 5 . The Planning Board is authorized to require developers to submit a Clustered Subdivision plan whenever the Planning Board believes that the application of such procedure would benefit the Town . 6 . The authority of the Planning Board to require clustered layouts of subdivisions is limited by the conditions of Article III of these regulations , and by the provisions of Section 278 of the Town Law. 7 . Whenever any subdivision of land is proposed to be made, before A . any contract for sale is executed, or B . any offer to sell any lot in such subdivision is made, or C . any building permit is granted for new construction on proposed lots of the subdivision, the subdivider or the subdivider's duly authorized agent shall obtain any required approval of such proposed subdivision from the appropriate authority in accordance with the requirements and procedures set forth herein . " Section 3 . The present Section 101 . Purpose , is deleted, and a new Section 101 . Purpose, is inserted to read as follows : " Section 101 . Purpose. 1 . The subdivision regulations are intended_ to guid&and'.ptote t the community's .physical, social , and aesthetic development, and to help the . Towrii°tiftSDanby grow in an orderly, 1 663 6 Town of Danby Local Law No . 2 of 1996 efficient, and economical manner which maintains and reflects the individuality of the Town and the character of the Town as a rural community and a beautiful and desirable place in which to live . In no way are the subdivision regulations designed or intended to create a hardship for any person or group . Rather, these regulations are considered part of an overall plan to protect all of the citizens of Danby and to aid all who wish to sell or develop a piece of land . 2 . The regulations , standards, and procedures contained herein are developed to ensure the following : A . that the health, safety, and welfare of the Town' s inhabitants are promoted ; B . that land to be subdivided is suitable for building purposes without creating dangers to health or peril from fire, flood, or other menace ; C . that all proposed lots be so laid out and of such size as to be in harmony with the development pattern of the neighboring properties and with the character and contour of the land ; D . that proper provision is made for drainage , water supply , sewerage , highways, open space, and other needed improvements ; E . that all proposed streets compose a convenient system and be of such width, grade , and location as to accommodate the prospective traffic, and provide access for emergency services and fire fighting equipment ; F . that proper provision is made for parks , playgrounds, and significant open space ; G . that there is optimum overall conservation, protection, development, and use of the environmental resources of the Town of Danby . " Section 4 . The present Section 104 . Administration, is deleted, and a new Section 104 Administration, is inserted to read as follows : " Section 104. Administration . 1 . These regulations shall be administered by the Planning Board in cooperation with the Town Board and other agencies, and shall be enforced by the Code Enforcement Officer and by any other agent that the Town may designate . Any applicant for subdivision approval or other person who is aggrieved by a requirement or determination of the enforcing officer or agent affecting the interpretation, applicability, compliance with or enforcement of any of these regulations may appeal to the Planning Board for a review of the requirement or determination by the Planning Board in accordance with the provisions of Section 110 hereof entitled " Appeals and Waivers . " 2 . Whenever any subdivision of land is proposed to be made , the subdivider or his agent shall apply in writing to the Planning Board for the approval of the subdivision, except as this requirement may be modified as further provided in these regulations . This application shall conform to the specifications set forth in these regulations . 3 . Until the Planning Board has given final approval of any application for the approval of a subdivision, and the subdivision map has been filed in the offices of the Tompkins County Clerk and the Town of Danby Town Clerk bearing the approval of the Town Planning Board and all other required endorsements and complying with these regulations and all requirements of law, no building permit for construction or other work on the property shall be issued nor shall such permit be valid if erroneously issued, and no lot in the subdivision shall be sold, except as this condition may be modified as further provided in these regulations . Any such action or any work done on or with respect to the lands in the subdivi- sion or any expenses incurred prior to final approval shall be at the peril of the owner of the land or the applicant and shall not give rise to any claim for damages by the landowner or applicant . " Section 5 . The present Section 105 . Public Hearings, is deleted, and a new Section 105 . Public 2 Town of Danby Local Law No. 2 of 1996 Hearings, is inserted to read as follows : " Section 105. Public Hearings . 1 . Notice of public hearing shall be published in a newspaper of general circulation in the Town of Danby at least five (5 ) days before the Planning Board meeting at which the application is to be considered, and shall comply with the requirements of Town Law. Such notice of public hearing is the only notice legally required . 2 . However, in order to promote public information and participation in subdivision review, a similar notice of such hearing shall either be mailed or delivered by the applicant to all owners of property within 500 feet of the boundaries of the property under consideration . The Planning Board may, in its discretion, require that property owners within a distance of more than 500 feet of such boundaries be notified, and/or may direct Town staff to conduct the notification . Such mailing or delivery shall occur no less than five (5 ) days prior to the date of the public hearing. The applicant (or the Town staff conducting the notification) shall file proof of such mailing or delivery with the Planning Board no later than the date of the hearing . 3 . Failure to notify property owners near a site for which a public hearing is scheduled shall not be a jurisdictional defect and any action taken by any board, employee, or agent of the Town in connection with such public hearing shall not be nullified or voidable by reason of the failure to provide such notification. However, the failure to provide such notification may be grounds, should the Planning Board in its discretion so determine , to decline to conduct a scheduled public hearing . The Planning Board may, on good cause shown , waive the above described policy of property owner notification . " • Section 6 . The present Section 111 . Amendments and Rules, is deleted, and a new Section 111 . Amendments and Rules, is inserted to read as follows : " Section 111 . Amendments and Rules . 1 . These regulations may be amended from time to time as provided by law. " Section 7 . The present ARTICLE II, REVIEW AND APPROVAL PROCEDURES , is deleted, and a new ARTICLE II, REVIEW AND APPROVAL PROCEDURES , is inserted to read as follows : " ARTICLE II REVIEW AND APPROVAL PROCEDURES Section 200. General Procedures . 1 . The procedures for Sketch Plan, Preliminary Plat, and Final Plat review shall be as provided for in these regulations and Town Law, Sections 276 through 279 as they may from time to time be amended . All application materials and other necessary information shall be in full compliance with the provisions of Town Law and these regulations except where variations therefrom may be specifically authorized by the Planning Board . 2 . Any action or determination of the Planning Board approving an application, in whole or in part, whether final or preliminary, shall be revocable, in whole or in part, if the action or determination was made in reliance on any misrepresentation, concealment, or fraudulent act or statement by the applicant or was based on a mistake as to a material matter. 3 663, Town of Danby Local Law No . 2 of 1996 Section 201 . Subdivisions - General Description . 1 . Subdivisions are classified as follows : A . LAND ANNEXATION - The transfer to title of land from its owner to an abutting owner, for consolidation with an abutting lot, provided that in such transfer : i . the remainder of the parcel from which the transfer is made meets ap- propriate zoning requirements ; and ii . no extension of an existing, or creation of a new, public road or public water or sewer utility is involved . B . RURAL LAND DIVISION - A Conventional Subdivision of land into two (2) or more lots, in which : i . all lots contain more than five (5 ) acres (excluding land within a public road right of way) ; and ii . all lots meet all other pertinent zoning requirements ; and iii . no extension of an existing, or creation of a new, public road or public water or sewer utility is involved . C . MINOR LAND DIVISION - A Conventional Subdivision of land into no more than four (4) lots , where at least one ( 1 ) lot is 5 acres or less in area (excluding any land within a public road right of way) , in any period of three ( 3 ) consecutive years , and which : i . conforms with all pertinent zoning requirements ; ii . does not involve extending an existing, or creating a new, public road or public water or sewer utility ; iii . has all of the lot frontage on roads depicted with a Solid line, as opposed to a Dashed line, on the Zoning Map of the Town of Danby ; iv . is not in, or within 250 feet of a designated Critical Environmental Area, designated freshwater wetland , Area of Special Flood Hazard as defined in the Town of Danby's laws relating to Flood Damage Protection, or other designated area specially protected by legislation of any local , county, state, or federal governmental body; and v . does not include on more than 50% of the total land area slopes greater than 15 % . For the purpose of calculating the number of lots that are subdivided in any period of three (3 ) consecutive years, any lots in the Minor Land Division which exceed 5 acres in area shall be excluded from calculation. D . MINOR SUBDIVISION - i . Any Conventional subdivision of land (other than a Land Annexation, Rural Land Division or Minor Land Division) into not more than five (5 ) lots which : (a. ) conforms with all pertinent zoning requirements ; and (b . ) does not involve extending an existing, or creating a new, public road or public water or sewer utility; and ii . Any Clustered subdivision involving not more than five (5 ) lots which does not involve extending an existing, or creating a new, public road or public water or sewer utility. E . MAJOR SUBDIVISION - Any subdivision other than a Land Annexation, Rural Land Division, Minor Land Division, or Minor Subdivision. 2 . Minor and Major Subdivisions are further classified as Conventional and Clustered subdivisions as set forth in Appendix A - Definitions . 4 43 - K Town of Danby Local Law No. 2 of 1996 Section 202 . Subdivisions - General Provisions. 1 . The following general provisions apply to various classes of subdivisions : A . A Land Annexation is exempt from subdivision approval by the Town. B . A Rural Land Division is exempt from subdivision approval by the Town. C . A. Minor Land Division requires a Minor Land Division Permit from the Town Code Enforcement Officer. D . Both Minor Subdivisions and Major Subdivisions require approval by the Town Planning Board. Both the extension of an existing and the creation of a new public road or utility require approval by the Town Board . Section 203. Clustered Subdivisions. 1 . A subdivider may request, or the Planning Board may require, the use of a Clustered Subdivision design, in which case the subdivider may be required to present along with the Clustered Subdivision proposal in accordance with the provisions of Town Law Section 278 and of Article III herein, a sketch plat of a Conventional. Subdivision. Section 204 . Recreational Open Space Reservation . 1 . The Planning Board may require the reservation of a portion of a subdivision for recreational open space, pursuant to the provisions of Article IV . Section 205. Tompkins County Department of Health . 1 . Tompkins County Department of Health approval may be required for any subdivision . Early contact by the subdivider with this department is advised. Section 206. Minor Land Divisions - Permit Procedures. 1 . Application . The application for a Minor Land Division Permit shall be submitted to the Code Enforcement Officer for review. The application shall include a Sketch Plan conforming to the requirements of Article VII, a written application on a form approved by the Town Board, and a permit fee as established from time to time by the Town Board. 2 . The Code Enforcement Officer shall review the application, determine its completeness, confirm the classification of the subdivision as a Minor Land Division, and render a decision either issuing or denying the permit within 30 days after receiving the completed application. Any person aggrieved by any such decision may appeal the decision to the Planning Board pursuant to the provisions of Sections 104 and 110 of these regulations . 3 . If the subdivision cannot be classified as a Minor Land Division, Land Annexation, or Rural Land Division, then the Code Enforcement Officer shall classify the subdivision as a Minor Subdivision or a Major Subdivision, as the case may be, and shall direct the applicant to file an application for consideration by the Planning Board. 4 . The final plat for Minor Land Division shall be certified by the Code Enforcement Officer as having been granted a Minor Land Division Permit and shall be filed in the offices of the Town of Danby Town Clerk and the Tompkins County Clerk within two (2) years after the date that the Minor Land Division Permit is issued . If the final plat is not so certified and 5 6? 'flown of Danby Local Law No. 2 of 1996 filed within that two-year period, the Minor Land Division Permit shall expire . Section 207. Minor and Major Subdivisions - Processing and Review Steps . 1 . Minor Subdivisions shall be processed in the following steps : A. At the option of the applicant, a Sketch Plan conference . B . Application for Final Plat approval . C . Planning Board review of Final Plat . D . Public Hearing . E . Planning Board action on Final Plat . 2 . Major subdivisions shall be processed in the following steps : A . At the option of the applicant, a Sketch Plan conference with the Planning Board and/or the Town Board. B . Application for Preliminary Plat approval . C . Planning Board review of Preliminary Plat . D . Public Hearing . E . Planning Board action on Preliminary Plat. F . Town Board consideration of acceptance of proposed location and maintenance of any public roads and other facilities . G . Application for Final Plat approval . H . Planning Board review of Final Plat . I . Public Hearing (optional) . J . Planning Board action on Final Plat . Section 208 . Minor and Major Subdivisions - Sketch Plan Reviews and Pre-Application Information . 1 . At the option of the applicant, the applicant may present preliminary ideas in the form of a sketch plat to the Town staff for their comments and evaluation prior to the scheduling of a Planning Board meeting . The requirements for the Sketch Plan application submission are set forth in Article VII. 2 . The subdivider should inquire of the Code Enforcement Officer as to the overall requirements of these regulations . That Officer will be available to help the subdivider understand the improvements and restrictions which the Planning Board could be expected to impose upon the development, as presented. The Officer and the subdivider should work together to ensure that the project will meet the requirements of these regulations as well as any additional requirements the Planning Board may impose . 3 . If the subdivision is complex or extraordinary in scale, the applicant may present informally the Sketch Plan to the Planning Board and/or Town. Board for each Board's comments prior to the preparation of a Preliminary or Final Plat. This Sketch Plan review may save the subdivider time and expense in the planning and design of the project . 4 . Subdivisions classified as Minor may, at the applicant' s option based on initial conference or Sketch Plan review, proceed directly to preparation of a Final Plat without submission and approval of a Preliminary Plat . Section 209 . Major Subdivisions - Application for Preliminary Plat Approval, 1 . Filing. All major subdivisions shall be subject to the Preliminary Plat requirements specified herein and in accordance with Town Law, unless otherwise specifically exempted. 6 6613 Town of Danby Local Law No. 2 of 1996 2 . Application . The subdivider shall file an application for the consideration of a Preliminary Plat on forms available from the Town Clerk accompanied by all documents specified in Article VII herein . The application shall be filed at least twenty (20) days prior to the meeting at which it is to be considered by the Planning Board . 3 . Study of Preliminary Plat. The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the Preliminary Plat. The Plat shall be reviewed for compliance with any previously reviewed Sketch Plan, including any required modifications ; with the provisions required elsewhere in these regulations ; and with any other applicable laws, rules, and regulations . 4 . Public Hearing for Preliminary Plat. Following the review of the Preliminary Plat and supplementary material submitted for conformity to this law, and following discussions with the subdivider on changes deemed advisable and the kind and extent of improvements to be made by him, the Planning Board shall hold a public hearing . This hearing shall be held within sixty-two (62) days of the receipt of the completed Preliminary Plat application by the clerk of the Planning Board, except as such schedule may be modified for compliance with other laws and regulations, or with the consent of the applicant. The notification procedures provided in Section 105 of these regulations, entitled " Public Hearings " , shall apply to any such hearing . 5 . Action on Preliminary Plat. Within sixty-two (62) days after the public hearing for the Preliminary Plat, the Planning Board shall approve, with or without modifications , or disapprove the preliminary plat and state the reasons for modifications or disapproval in the Planning Board records . The time in which the Planning Board must take action may be extended for good cause, for compliance with other laws and regulations, or upon mutual consent of the subdivider and the Planning Board . 6 . Actions on Preliminary Plat. Following Preliminary Plat approval , the subdivider may proceed to stake out roads and lots, to prepare final plans and any engineering plans showing information and data required by these regulations and other applicable provisions of law. The subdivider shall also furnish such other information as may be lawfully and reasonably required by the Planning Board . 7 . Requirement of Final Plat Approval . Approval of a Preliminary Plat shall not constitute approval of the Final Plat . The Preliminary Plat shall be a guide to the preparation of the Final Plat . The act, in itself', of the Planning Board in granting Preliminary Plat Approval shall not be interpreted to create a presumption, or in any way imply, that the Planning Board will give final approval to the subdivision if all conditions contained in the preliminary approval have not been met to the satisfaction of the Planning Board or if the Planning Board determines that the subdivider has not met all other requirements of any applicable rule , regulation, code or law or any other requirements which the Planning Board may reasonably impose before any final approval is given . Section 210. Minor and Major Subdivisions - Application for Final Plat Approval . 1 . Applicability. All Minor and Major Subdivisions shall be subject to the Final Plat requirements, as specified herein and in accordance with Town Law. 2 . Application. The subdivider shall file an application for the consideration of a Final Plat on forms available from the Town Clerk accompanied by all documents specified in Article VII herein. The application shall be filed at least twenty (20) days prior to the meeting at which it is to be considered by the Planning Board . 7 . , '% Town of Danby Local Law No. 2 of 1996 3 . Time of Application . If the application for Final Plat approval is not submitted within six (6) months after the approval of the Preliminary Plat, the Planning Board may refuse to approve the Final Plat and may require resubmission of the Preliminary Plat. 4 . Public Hearing . Unless waived as set forth below, a public hearing shall be held by the Planning Board within sixty-two (62) days from the date that a completed Final Plat application is filed with the clerk of the Planning Board, except as such schedule may be modified for compliance with other laws and regulations, and with the consent of the applicant. The notification procedures provided in Section 105 of these regulations, entitled " Public Hearings , " shall apply to any such hearing . 5 . Waiver of Public Hearing . The Planning Board may waive the requirement for the public hearing on the Final Plat when the Planning Board deems the Final Plat to be in substantial agreement with the Preliminary Plat and with any modifications required as conditions of the Preliminary Plat approval . 6 . Action on Final Plat. The Planning Board shall by resolution approve , conditionally approve with or without modification, or disapprove the Final Plat, with any reasons for modification or disapproval stated in the Planning Board records . This action shall occur within 62 days from the date of the public hearing on the Final Plat, or within 62 days after receipt of the completed Final Plat application by the Town Clerk if no hearing is held, unless the timeframe is extended for compliance with other laws and regulations, or with the consent of the applicant. The Planning Board may also , for good reason, cause the extension of this review period. The subdivider shall be notified of the final action of the Planning Board by mail within 5 days of such action. 7 . Additional Requirements for Approval of Final Plat. Such approval shall , however, not be deemed final until the subdivider has complied, where applicable, with the provisions of the following paragraphs : A . The subdivider shall tender " offers of cession " , in a form certified as satisfactory by the Town Attorney, of all land included in streets, highways or other public improvements . However, approval of the plat by the Planning Board shall not consti- tute acceptance by the Town Board of any street, highway, or other public improvements . B . The subdivider shall obtain and file with the Planning Board a letter from the Tompkins County Department of Health indicating satisfactory design compliance with any applicable provisions of the Tompkins County Sanitary Code or other State or local law or regulation . 8 . Conditional Approval of Final Plat . At the time of a resolution granting conditional approval to a Final Plat, the Planning Board shall empower a duly authorized officer of the Planning Board (Chairperson or Acting Chairperson) to sign the plat subject to completion of the requirements stated in the resolution. Upon completion of the requirements, the plat shall be signed by said duly authorized officer . The subdivider has 180 days to satisfy the requirements on which the approval has been conditioned and obtain the certification of the designated officer. This period may be extended by the Planning Board if in its opinion, circumstances warrant an extension, for up to two 90-day periods beyond the 180 days . 9 . Filing of Final Plat. Upon completion of any requirements imposed by the Planning Board as part of Final Plat approval , and notation to that effect upon the Final Plat, the Plat shall be deemed to have final approval and shall be properly signed by the appropriate officer of the Planning Board. Said signed Plat shall be filed in the Office of the Tompkins County Clerk . Any Plat not so filed or recorded within sixty-two (62) days of the date upon which such Plat is approved or considered approved by reasons of the failure of the Planning Board 8 Town of Danby Local Law No. 2 of 1 996 to act, shall become null and void . No Plat shall be accepted for filing by the Tompkins County Clerk unless it has been duly approved by the Planning Board in accordance with these regulations . 10 . Modifications of the Final Plat. A . If there are modifications of the final plat requested by the subdivider subsequent to its filing in the office of the County Clerk, such requests shall be made in writing to the Chairperson of the Town Planning Board (or such other person such as the Code Enforcement Officer duly authorized by resolutions of the Planning Board and Town Board) , who is hereby empowered to approve minor, practical modifications on behalf of the Planning Board . The Chairperson (or other person so authorized to make changes) shall report any modifications approved by such person to the Planning Board at its next regularly scheduled meeting . Approval of said modifications shall be noted by that Chairperson on the amended plat and the amendment should be filed in the office of the Tompkins County Clerk . B . When, in the opinion of the Chairperson of the Town Planning Board, the requested modifications are substantial in nature, scope or extent, and materially affect the sub- division plat as approved by the Planning Board, the subdivider shall not proceed without the approval of the Planning Board . Such approval may be granted at any public meeting of the Board called for this purpose . Upon approval of such modifications , the authorized officer of the Planning Board (Chairperson or Acting Chairperson) shall so note on the resubmitted plat before its filing as an amended plat . C . No changes, erasures , modifications, or revisions shall be made on any Final Plat after approval has been given by the Planning Board and endorsed in writing on the Plat, unless said Plat is first resubmitted and modifications are approved as provided for in this section. Section 211 . Filing of Plats in Sections . 1 . Prior to granting conditional or final approval of a plat in final form, the Planning Board may permit the plat to be subdivided into two or more sections and may in its resolution granting conditional or final approval state such requirements as it deems necessary to insure that the orderly development of the plat be completed before such sections may be signed by the duly authorized officer of the Planning Board . Conditional or final approval of the sections of a plat, subject to any conditions imposed by the Planning Board, shall be granted concurrently with conditional or final approval of the plat . 2 . In the event the subdivider shall file only a section of such approved plat in the office of the Tompkins County Clerk, such section shall be filed with the Town Clerk within thirty (30) days of the filing of such section. Such section shall encompass at least ten ( 10) percent of the total number of lots contained in the approved plat and the approval of remaining sections of the approved plat shall expire unless said sections are filed before the expiration of the exemption period to which such plat is entitled under the provisions of Section 265 -a of Town Law. Section 212 . Building Permit Issuance. 1 . The Code Enforcement Officer shall not issue a building permit or Certificate of Occupancy for any structure on any lot in any subdivision requiring a permit or approval hereunder, unless the approved Final Plat is filed in the office of the Tompkins County Clerk and the office of the Town of Danby Town Clerk, and until any other pertinent requirements have been met. " 9 0 Town of Danby Local Law No. 2 of 1996 Section 8 . The present Section 300 . Introduction, Subsection 1 is deleted, and new Section 300 . Introduction, Subsection 1 is inserted to read as follows : " 1 . The Town Board has empowered the Planning Board to modify applicable provisions of the Zoning Ordinance in the review and approval of subdivision plats , as provided in Town Law Section 278 and as supplemented by the procedures and standards herein . " Section 9 . The present Section 300 . Introduction, Subsection 3 is deleted, and new Section 300 . Introduction, Subsection 3 is inserted to read as follows : " 3 . A subdivider may request the use of Town Law Section 278 , or the Planning Board may require a subdivider to use this procedure , if, in the Planning Board' s judgment, such use would benefit the Town. " Section 10 . The present Section 301 . General Procedures, Subsection 2 is deleted, and new Section 301 . General Procedures , Subsection 2 is inserted to read as follows : " 2 . Following review of the alternative Sketch Plats for conventional and clustered layout , the Planning Board shall determine whether such information is adequate to determine the maximum permissible density pursuant to the procedures of Town Law Section 278 . Upon a determination that such information is adequate the Planning Board may grant conceptual approval to one of said alternative plats , and may condition that approval on plan modifications , and the subdivider shall be permitted to proceed with an application for Preliminary or Final Plat approval . " Section 11 . The present Section 301 . General Procedures , Subsection 3 is deleted, and new Section 301 . General Procedures, Subsection 3 is inserted to read as follows : " 3 . Subsequent to such conceptual approval , the Preliminary and Final Plat application requirements set forth in Article VII shall apply, except that, in addition, a clustered site plan. meeting the requirements of Town Law Section 278 shall accompany such application, along with a statement describing proposed modifications or supplementations of Zoning Ordinance requirements . " Section 12 . The present Section 301 . General Procedures, Subsection 6 is deleted, and new Section 301 . General Procedures, Subsection 6 is inserted to read as follows : " 6 . Determination on voluntary or required applications under this part shall be made by the Planning Board based on the Sketch Plan, the Preliminary Plat, the clustered site plan, and on other information required by these regulations, Town Law Section 278 , SEQR, and other applicable regulations . " Section 13 . The present Section 701 . Sketch Plan Application, is deleted, and new Section 701 . Sketch Plan Application, is inserted to read as follows : " Section 701 . Sketch Plan Application . 1 . Any Sketch Plan submitted to the Code Enforcement Officer, Planning Board or Town Board shall be based on tax map information or some other similarly accurate base map at a scale , preferably not less than 400 or 200 feet to the inch, that enables the entire parcel which includes the proposed subdivision to be shown on one sheet . 2 . The following additional information shall be submitted, except where such submittals may be modified or waived : A. General subdivision information outlining the existing conditions of the site and the proposed development. 10 Town of Danby Local Law No. 2 of 1996 B . Approximate locations of: i . The portion of the parcel to be subdivided in relation to the entire parcel, and to other contiguous lands in the same ownership . ii. Abutting tax parcels and their numbers . iii . The nearest existing streets and intersections, existing structures on or within two hundred (200) feet of the area proposed for subdivision, significant physical features such as water bodies, wetlands, ditches , large trees, tree masses, active agricultural land, slopes of fifteen ( 15) percent or greater, and power transmission lines . For some subdivision proposals, an aerial photograph such as is available from the Tompkins County Department of Assessment may be helpful in illustrating these features . C . A general layout of the proposal , including : i . Lots, indicating width and depth. ii . Existing or proposed streets , indicating width. iii . Existing or proposed drainage, sewage disposal , and water supply facilities . iv . Existing or proposed recreational or nonrecreational open space . D . A summary of existing or proposed restrictions on the use of the land, including easements, rights of way, covenants, and zoning designations . E . If a Clustered Subdivision is proposed, a summary of any requested modifications of zoning requirements should be submitted . " Section 14 . The present APPENDIX. A., DEFINITIONS , is deleted , and a new APPENDIX A, DEFINITIONS , is inserted to read as follows : "APPENDIX A DEFINITIONS For the purpose of these regulations , all words used in these regulations shall carry their customary meanings, except that words defined in the Town of Danby Zoning Ordinance shall be interpreted in accordance with such definitions, and words defined in this appendix shall be interpreted as set forth below. BLOCK - A parcel of land partially or entirely surrounded by public streets, streams, railroad rights- of-way, parks or a combination thereof, which has been subdivided into lots . BUFFER AREA - An area bordering the lot lines of the property on which a subdivision is to be built, within which there shall be no permanent structures . A parking space shall be considered a permanent structure for the purposes of these regulations . CUL-DE-SAC - A street having one end open to traffic and the other end terminated by a vehicular turnaround . OPEN SPACE - An area of land and/or water designed and intended for private or public use or enjoyment . Open space is generally unoccupied by buildings, structures, or parking areas, except that open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the open space . OPEN SPACE, PRESERVED - Areas kept open for the primary purpose of environmental protection or agricultural land preservation and not primarily devoted to or reserved for active or passive recreational uses, except that unpaved paths for walking, bicycling, horseback riding or winter sports may be included . Preserved open space includes but is not limited to the following : (a) Streams and other bodies of water. (b) Slopes of 15 percent grade or greater. (c) Wetlands designated by local, State or Federal agencies . (d) Stands of significant vegetation. 11 a3 A Town of Danby Local Law No. 2 of 1996 (e) Wildlife nesting, feeding, or breeding grounds . (f) Important Natural Areas as may be designated by the Town and which may include Critical Environmental Areas and Unique Natural Areas . (g) Existing or potentially viable agricultural land . OPEN SPACE , RECREATIONAL - Open space devoted to or reserved for active or passive recreational uses . Recreational open space may typically include parks, playgrounds , playfields , swimming areas , picnic areas , or trails for hiking, bicycling, horseback riding, or cross-country skiing . PLAT - The map , plan, drawing or chart on which a subdivider' s plan of subdivision is presented to the Planning Board for approval . RESUBDIVISION - A change in the map of an approved or recorded subdivision if such change affects a street layout shown on such map , or areas reserved for public use , or any change of a lot line . " Resubdivision" is included in the term " subdivision" in these regulations . SET BACK LINE - A line on a plat usually parallel to the center line of the street between which line and the street line no building or structure may be erected . SKETCH PLAN - A sketch of the proposed subdivision showing the proposed general layout of streets, lots, or other features that may be submitted to the appropriate Board by the subdivider for informal discussion and review, on which the Preliminary Plat will be based . STREET , MAJOR - A street intended to serve fast or heavy flows of traffic collected from minor streets and/or intended to serve as an interconnection between areas of land use concentration . STREET, MINOR - A street intended to serve primarily as an access to abutting properties . SUBDIVIDER - Any person, firm, partnership , association, corporation, estate, trust, or any other group or combination acting as a unit, undertaking the dividing of land so as to constitute a subdivision as defined herein. This definition includes any agent of the subdivider . SUBDIVISION - The division of any parcel of land into two or more lots, plots , parcels , sites or other divisions of land for immediate or future use, sale, d lines , whether or not new building or elot lineehb ns d the creation of, and all changes in, highway development is to occur. This term includes resubdivision and, when appropriate to the context, shall relate either to the process of subdividing or to the land subdivided . A . CONVENTIONAL SUBDIVISION - A subdivision which creates lots meeting all minimum lot size , yard, and dimensional requirements of the Zoning Ordinance . B . CLUSTERED SUBDIVISION - A subdivision of lots which, pursuant to Town Law Section 278 and these regulations , may have smaller lots , or have smaller yards , or otherwise have different dimensions than permitted by the Town Zoning Ordinance, but where the density of occupancy in the entire subdivision shall in no case exceed the density which could be permitted, in the Planning Board' s judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements of the Zoning Ordinance applicable to the zone or zones in which such land is situated and conforming to all other applicable requirements . " Section 15 . 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 portions of this local law. Section 16 . This local law shall take effect upon its publication as required by law . . �.. :: 12 / DS- 7 Town Board Minute September 9, 1996 NYSEG - EASEMENT Supervisor Oltz asked the Board to review a proposed. NYSEG Easement for the Town Highway Department property she received late this afternoon . Councilperson Schwartz said that he is concerned the proposed NYSEG Pipeline is through an area • that the Highway Department uses for stock piling of road materials, gravel , cinders and salt . Appointments - Youth Commission RESOLUTION NO . 52 of 1996 By Councilperson Schwartz Seconded by Supervisor Oltz WHEREAS, three (3 ) vacancies exist on the Danby Youth Commission Board, be it RESOLVED , that the Town Board of the Town of Danby appoints Kathy Lind of 958 Comfort Road, Ithaca, New York and Jonni Schreiner of 51 Comfort Road, Ithaca, New York to the Danby Youth Commission for a term to beginning September 9 , 1996 and extending through December 31 , 1997 , and further RESOLVED, that when the Youth Commission Board consists of a full seven (7) member board that the Town Supervisor determine the staggering terms of the members . A roll call vote on the resolution resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously RESOLUTION NO. 53 OF 1996 RESOLUTION ESTABLIS 1 ING TIME AND PLACE OF SPECIAL ELECTION ON PROPOSITION By Supervisor Oltz : Seconded by Councilperson Inman WHEREAS , the Town Board of the Town of Danby at a meeting duly called and held on July 8 , 1996, adopted a resolution authorizing the renovation and expansion of the Town Hall, authorizing the expenditure of funds from. the Town Building Reserve fund for such purpose, and authorizing the issuance and sale of serial bonds for the balance of the costs of such project, and WHEREAS, said resolution was adopted subject to a permissive referendum; and WHEREAS , a petition requesting a referendum was filed with the Town on August 7, 1996 and WHEREAS, it appears that said petition was subscribed and authenticated in accordance with law by a number of electors equaling or exceeding, five percent of the total votes cast for Governor in said Town at the last general election held for the election of State officers in November, 1994 ; and WHEREAS, the aforesaid petition called for the submission to the voters of the Town of Danby of a proposition approving the resolution of the Town Board referred to above; now, therefore, be it RESOLVED, AS FOLLOWS : Section 1 . A special election of the residents and taxpayers of the Town of Danby is hereby authorized and directed to be held on the 7th day of October, 1996 between the hours of 12 : 00 noon and 8 : 00 p . m. for the purpose of voting by ballot on the proposition hereinafter . • . . set forth. ",1 Section 2 , The polling place at such election is hereby designated as the Danby Town Hall, 1830 Danby Road, Town of Danby, Tompkins County, New York, for all election districts 666 8 Town Board Minutes September 9, 1996 in the Town. Section 3 . The notice of such special election shall be in substantially the following form: Legal Notice NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN that a Special Election of the electors of the Town of Danby, Tompkins County, New York, will be held in said Town on the 7th day of October, 1996, at which the polls will be kept open between the hours of 12 : 00 noon and 8 : 00 p . m. for the purpose of voting upon the following proposition : Proposition No . 1 Shall the resolution of the Town Board of the Town of Danby authorizing the renovation of the Danby Town Hall, demolition of the current addition to the Town Hall which is not handicapped accessible, and construction of a new addition to the Town Hall, all at a cost not to exceed $387, 223 . 50 , said renovation, demolition and construction to be financed by the expenditure of $ 137 , 223 . 50 from the Town Building Reserve fund and the issuance of General Obligations Serial Bonds in the amount of not more than $250 , 000 . 00 be approved? The polling place at such election will be the Danby Town Hall, 1830 Danby Road, Town of Danby, Tompkins County, New York All electors of the Town of Danby, Tompkins County, New York, who are registered voters of the Town as shown on the registration records of the Tompkins County Board of Elections on September 12, 1996 or with registration postmarked no later than September 12, 1996 and received by the Tompkins County Board of Elections no later than September 19, 1996, shall be qualified to vote at such Special Election. By order of the Town Board of the Town of Danby . Dated : September 10, 1996 Ithaca, New York Carol W . Sczepanski, Town Clerk. Section 4 . The Town Clerk is hereby ordered and directed to give notice of such election by publication thereof in the Ithaca Journal, said publication to be at least 10 days prior to the date of such Special Election, and by positing on the signboard of said Town a copy of such notice at least ten days before such Special Election. Section 5 . The following resident taxpayers of said Town are hereby designated to act as election inspectors and machine custodian as respectively indicated below : Zo7 9 Town Board Minutes • September 9, 1996 • Election Inspectors Paul Moore Patricia Addy- Schaad Carolyn Neefe Shirley Howland Machine Custodian Edward M. Roberts Section 6 . The Town Clerk is hereby ordered and directed to arrange for the installation of voting machines at the above location for use at said Special Election, and also to prepare for the use of the election officials the necessary oaths and certificates of election, ballot strip, and other materials, and also to procure and deliver to such election officers any and all necessary paraphernalia for the proper conduct of such election. Section 7 . Absentee ballots and military ballots shall be issued upon application no later than seven days prior to the election or otherwise in accordance with the provisions of Town Law Section 84-a. Absentee ballots shall be returned to the Office of the Town Clerk, no later than 5 : 00 P . M . October 7, 1996 in order to be counted . The Town Clerk shall, on the day of the election, transmit all absentee ballots received by her to the appropriate election inspectors for processing as set forth in Town Law Section 84- a . Section 8 . This resolution shall take effect immediately . A roll call vote on the resolution resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Carried Unanimously Oltz Aye RESOLUTION No . 54 of 1996 AWARD OF BID - ALUMINUM STRUCTURAL PLATE BOX CULVERT By Supervisor Oltz : Seconded by Councilperson Schwartz WHEREAS, the Town of Danby on August 22, 1996, duly advertized for bids for the furnishing of an "Aluminum Structural Plate Box Culvert" , and WHEREAS , the Town Board of the Town of Danby held a bid opening for the furnishing of an " Aluminum Structural Plate Box Culvert" , and WHEREAS , the Town of Danby received one single bid for the furnishing of and 'Aluminum Structural Plate Box Culvert" , now be it RESOLVED, that the Town Board of the Town of Danby award the single bid submitted by Mr. Kenneth R. Karoglenian, Sales Representative for Capitol. Highway Materials, Inc. , route Six, Baldwin Place, New York 10505 for their bid totaling $ 14, 766 . 00 which includes pipe . A roll call vote on the resolution resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously ‘og 10 Town Board. Minutes September 9 , 1996 RESOLUTION NO . 55 of 1996 APPOINTMENT OF CHAIR TO BOARD OF ZONING APPEALS By Councilperson Schwartz : Seconded by Councilperson Johnson WHEREAS, the Chair of the Board of Zoning Appeals has informed the Town Board that she can no longer serve as Chairperson, and WHEREAS, Board of Zoning Appeals member Joel Gagnon has agreed that he would like to serve as Chair on the Board of Zoning Appeals, now be it RESOLVED, that the Town Board of the Town of Danby appoints Joel Gagnon as Chair to the Danby Board of Zoning Appeals for a term to begin immediately and to expire on June 30, 2001 . A roll call vote on the resolution resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously RESOLUTION NO. 56 of 1996 APPOINTMENT TO BOARD OF ZONING APPEALS By Councilperson Steiner : Seconded by Councilperson Johnson WHEREAS, a member of the Town of Danby Board of Zoning Appeals has stated that they can no longer serve on the Board of Zoning Appeals , and WHEREAS , a resignation is forthcoming within a few days, be it RESOLVED , that the Town of Danby Town Board appoints Robert Roe of 1820 Danby Road to the Board of Zoning Appeals to fill the vacancy (pending resignation) for a term to expire on June 30, 1998 . A roll call vote on the resolution resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously RESOLUTION NO 57 of 1996 - Approved RESOLUTION TO TOMPK NS COUNTY BOARD OF REPRESENTATIVES FROM THE DANBY TOWN BOARD By Supervisor Oltz : Seconded by Councilperson Inman WHEREAS, the Town of Danby along with several other towns and villages of Tompkins County as well as the City of Ithaca have established a Recreation. Partnership , and WHEREAS , this Recreation Partnership serves many of the children and Families throughout Tompkins County, and WHEREAS, the Partnership has led to a greater variety and higher quality programs for the children and families in. Danby, and WHEREAS , in order for this partnership to continue for Danby and the other municipalities in Tompkins County we are relying on the continued financial support of Tompkins County, and 0 � 11 Town Board Minutes September 9, 1996 t • • • WHEREAS, the County has continually expressed a strong interest in encouraging such intermunicipal partnerships, and WHEREAS , the Recreation Partnership Board established by the participating municipalities strongly supports the County ' s continued involvement in this project, now therefore, be it RESOLVED, that the Town Board of the Town of Danby strongly urges the Tompkins County Board of Representatives to continue its financial support of the Recreation Partnership in the coming year for the continuation of the partnership . A roll call vote on the resolution resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Tompkins County/Town of Danby - Ice and Snow Removal Contract A motion was made by Councilperson Steiner and seconded by Councilperson Inman that the Town Board of the Town of Danby grants permission for the Town Supervisor to execute a three (3 ) year Agreement between the County of Tompkins and the Town of Danby for snow and ice removal from county roads within the Town of Danby. The term of the agreement is to commence January 1 , 1997 and terminates December 31 , 1999 . A roll call vote on the motion resulted as follows : (Four (4) Ayes - One ( 1 ) Nay) Inman Aye Johnson Aye Schwartz Nay Steiner Aye Oltz Aye Carried Councilperson Schwartz said for the record that he cannot support the agreement because of the method that the County treats Nelson Road . The County pure salt policy makes it treacherous and he thinks they should use a salt and sand mixture to penetrate the ice for safety reasons . He said he thinks some type of agreement could be made with the County to swap roads for salt and cindering as our trucks drive over the roads to remove snow anyway . RESOLUTION NO. 58 of 1996 AUTHORIZATION TO PUT THE OLD TOWN BARNES OUT FOR BID By Councilperson Steiner : Seconded by Councilperson Inman RESOLVED, that the Town of Danby Town Board authorizes the Town Clerk to advertize as soon as possible that the Town Board will accept bids for the Old Town Barnes and property located on Bald Hill Road, with the advertisement allowing at least thirty (30) days for submission of bids, and further RESOLVED, that the advertisement state that the Town reserves the right to reject any and all bids and that the bid package include a notice that bids will be publicly opened at the October 14, 1996 Town Board Meeting . / 0 12 Town Board Minutes September 9, 1996 A roll call vote on the resolution resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 8 : 20 P . M . lea) min-9-9 . 96 Carol W. Sczepan i Town Clerk O