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HomeMy WebLinkAboutLL 2000 #1 & #2 Comm. Zone A1 & Cottage Industry t OCi3,I Law Filing NEV YORK STATE OEPS:RTME?IT OF STATE • 162 41ASRINGTON AVENUE, ALY.AHY, NY 1e271 (Use this form to file a local law with the Secretary of State.) --~ • Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new mattes. • • otxx ••Gdtgxxco f DANBY • Toxu . V414 xgQx • Local Law No. 2000 of the year ' A local law TO..AMEN.R THE...Z.QNING...QJW.1 1NANCE TO ADD COTTAGE INDUSTRY• TO COMMERCIAL Ina�kt PtEIeYA" PERMITTED USES BY SPECIAL PERMIT: AND TO ADD THE DEFINITION OF COTTAGE. INDUSTRY Re it enacted by itIio TOWN BQA13Q of the (Name of Leg-illative Body) UMW cx of DAN.DY • Town as follows: • WOW x . • • TOWN OF DANBY • LOCAL LAW NO. 1 OF 2000 A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ADD COTTAGE INDUSTRY TO COMMERCIAL ZONE "A" PERMITTED USES BY SPECIAL PERMIT, AND TO ADD THE DEFINITION OF COTTAGE INDUSTRY 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. Section 603, Subsection 2 (d), "Uses permitted in a Commercial Zone "A" by Special Permit Only", is hereby amended by adding new Paragraphs (viii) and (ix) reading as follows: "(viii) Cottage industry. • (ix) Cottage industry with assessory wholesale or retail sales of products produced at the cottage industry and similar products produced off-site, with or without outside display on the premises of any such products, in accordance with the provisions contained elsewhere in this Zoning Ordinance." In addition, the present Paragraph (viii) is hereby renumbered as (x). • • 2. Article IX: Special Permits is hereby amended:by adding a new Section 903 reading as follows: ' • "Section 903 - ADDITIONAL SPECIAL PERMIT.CONSIDERATIONS FOR COTTAGE INDUSTRY. 'No Special Permit shall be granted.by the Planning Board fQLa. Cottage Industry unless such use meets the following additional requirements: • (If additional space Is needed, attach pages the sane size as this sheet, and number each.) (1) 7ron1 2 Town of Danby Local Law No. 1 of 2000 1. Performance. It shall produce no offensive noise, vibration, smoke, dust, odor, heat, glare or electronic disturbance beyond the property it occupies. 2. Storage. It shall not entail the outdoor, unscreened storage of materials, equipment, or other items related to the industry, except that outdoor display of products may occur if permitted by the Planning Board in the course of granting a Special Permit and approving the site plan, if the Planning Board finds that such outdoor display does not significantly alter the character of the neighborhood. Outdoor storage is considered screened if it is not visible from adjacent properties or public roadways. 3. Parking. No more than one commercial vehicle shall be in uncovered parking. All parking needs shall be met off-street, except that newly designated, constructed, or established standing or parking spaces within the street or road right-of-way for occasional standing, parking, or for pick-up or delivery of supplies and products may be permitted, as part of an approved site plan, and subject to the approval of the highway department or other authority having jurisdiction. 4. Signs. The provisions for advertising sign boards in Commercial Zones shall apply except as modified herein for Cottage Industry. Any signs on the property identifying the occupation shall not exceed 15 cumulative square feet in signboard area, except that the signboard area of a two-sided sign shall be based on the area of one side. Any such signs shall be non-flashing, and, if illuminated, shall have the lights shielded as much as practicable to direct the lights only at the signs.," • In addition, the present Sections 903, 904, 905, and 906 are renumbered respectively as Sections 904, 905, 906, and 907. 3. Appendix I - Definitions, is hereby amended by adding a definition of Cottage Industry reading as follows: "COTTAGE INDUSTRY - A property or buildings where the primary use is art-or craft-oriented design, production or assembly, such as leather working, wood working, metal working, ceramics production, tailoring, and similar activities, employing not more than 5 persons, and where the total building floor area of all buildings dedicated to the cottage industry is not larger than 3,000 square feet. Specifically excluded from the definition of Cottage Industry is the repair or assembly of vehicles or equipment with internal combustion engines, such as automobiles, motorcycles, snowmobiles, marine engines, lawn mowers, chain saws, and other small engines. Section 2. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the remaining portions shall not be affected by such declaration of invalidity. • 3 Town of Danby Local Law No. 1 of 2000 Section 3. This law shall take effect 5 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. • (Complete the certification in the paragraph that applies to the filing of this local law and . strilcc out that which Is not applicable.) • • • 1. (Final adoption by local legislative burly uuly.) •• I hereby certify that the local law annexed hereto, dcsignatrci as local law No.' 1 •of the ((gaaxpt�C) ix,rj(Town)('� itlxge) of Danby ufx1 the •Town Board on 10th was duly passed b --' Vienne of Lagieletive E•dy) 00 , in accordance with the applicable ) the provisions of law. 2. (Passage by local legislative bo with approval, no disapproval or repassage after disapproval by the F.lnettve Chief Exec ve Officer•.) I hereby certify that the 1. at law annexed hereto, designate. .s local law No. of the (County)(City)( •wn)(Village) of of 19 • as duly passed by tte g y on __ . ._ l• , and was (approved)(not •• approved)(repasscd after 'erne or • e uiaave ••ou disapproval) . the and was deemed t adopted on (aieetty. ChiefExeeutiva OT i r' 19 • in accordance with the applicable provisio s of law. • • • • 3. (Final adoption by r.-ferendum.) ' I hereby certify that e local law annexed hereto, desig ed as local law'No. Z. of the (County)(C' y)(Town)(Vilingc) of oC I9_ • of duly passe y the on 9 , and was (approved)(not d' approved)(re sod after L eme of L.eela "vi Body . disapprove by the on 19 .lectiv• Chi• Sixecutiva OW cr such loco aW Was . submit -d to the people by reason of a • andatory)(permissive) rcferend' ,t, and received he affirmative vote • a majority of the qualified el tors voting thereon at the (general 1 )(spe..ial,(annual) election held on .19 , in accordan e with the applicable provisions of lay. . • . • 4. (Subject to permissive ref enduru and final adoptlo because no valid petI in was filed r •uesting rcferndum.) I hereby certify that t e local law annexed hotel , designated as local 1 v Nu. oC 19I of the (County)(Cit, (Town)(Village) of as duly passed •y the on / 19 , and w (appruved)(no: di .pproved)(repass•d after dame of Logician a ody — --- disapproval y the on 19 Such local law was subject to (Elective Chief Exec lye Officer•) permis-'ve referendum and no vat' petition requesti such referendum was fled as oC 19 in ac•ordance•with the applicable provisions of law. • • • 'Elective Chief Executtvc Officcr u,euil ur Includes the chief executive officer of h county elected on a county-wide basis or, If there be' none, the chairman of the county legislative body, the mayor of a city or village, or the supervisor of a town ,rihere such ufficer Is vested )vltlt the power to approve or veto local laws or ordinances. . ,. • ^) . -- • • • (Cl.y local concerning Charter revision proposed by petition,) • • i • he rohy cert:Ey that the local law annexe• erete, designated as locraw No. of 19 of the City of hay'. g been submitted to -•ferendum pursua t to the provisions of section (36)(37) of le Municipal 1-iornc Rule aw, and haviu rece' ed the affirmative ore • of a majority of the qualified ele ors of such city voting tl eon at the (special) • neral) election held •n 19 , became •perative. 6, (County Iocal law cuuceridng aduptlua of hartcr.) • • • I hereby certify t. t the Iocal law annexe• ereto, designated as}o cal law No. • of 1 of the County •• /, State of New York, aving been subm' red to the electors : • the General Election • ' November • 19 , pursuant subdivisions 5 a 7 of section 33 - the Municipal Home • ule Law, and having j. ccived the affirmativ vote of a majorit of the qualifies electors or the cities of said county as a unit a d of a majority of th qualified elcctots the towns of sai• county considered as nit voting at said gen al election, became o• •rative: • (I any other authorized f•,rm of final adoption h s beeti'followed, pie e provide an approp itate certification.) • • I further certify that I have compared the preceding local law with the original on file in this office.and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph / above. Oletk Lilo County Itgtalarly y, l:uy,'Lown, or VTIIa;e lacrk or officer designet d by local lcgileative body • (Seal) Date: April 21 , 2000 • (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, 'Village Attorney or other authorized Attorney of locality.) • • STATE OF NEW YOW.< COUNTY OF Tompkins • • I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken fur the enactment of t•e le at law annexed hereto. • • .4.? e • • 9igna re iot,.7 A-i • Town of • • illaCe • Date: f , 26i9/ • (3) .Lo �,1•Law Filing ;_ti YORK STATE DEPARTMENT OF STATE 162 WASHINGTON AVENUE, 'ACHANY, NY 12231 (Use this form to file a local law with the Secretary of Slate.) • Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. • £ee+94.r • • h` of DANBY Town •v'llAgo • Local Law No. 1 2 or the ycnr 1(9)( 2000 . . A local law TO AMEND THE ZO NIN.G..oR.QI.NANCE TO ESTABLISH A COMMERCIAL . ZONE "A" (Invert Title) • Re it enacted by tho TOWN BOARD (Nsmo of Leiritistive Body) Of the County • €447. of . DANBY • Town as follows: • TOWN OF DANBY LOCAL LAW NO. 2 OF 2000 A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ESTABLISH A COMMERCIAL ZONE "A-1" • 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: l.' Town of Danby Commercial Zone "A-1" is hereby established, and shall be comprised of Town of Danby Tax parcel No. 17.-1-48, located on the west side of N.Y.S. Route 34/96 south of Maple Avenue, being also known (now or formerly) as the West Danby Methodist Church building property, as shown on a map entitled "General Plan for Proposed Commercial Zone, John Kingsley Furniture, located on the former West Danby Methodist Church Building • Property. Tax Map #17.-1-48," drawn by John Kingsley, dated February 22, 2000, which map is referenced as the general site plan herein. 2. The area described in Schedule A attached is hereby rezoned from High Density Residential Zone to Commercial Zone "A-1". • 3. The Zoning Map of the Town of Danby, and the Supplement to the Zoning Map are hereby amended to show the location and boundaries of Commercial Zone "A-1" as set forth in this local law. • 4.. Commercial Zone "A-1" shall be subject to all zoning requirements pertaining.to Commercial Zone "A," and to the'following additional provisions and limitatiorts: • 'a. . USES PERMITTED. No uses are permitted in Commercial Zone "A-1" except as (If udditlo❑al space Is needed, attach pages the same size as this sheet, and number each.) (I) 7,9n' J • 2 Town of Danby Local Law No. 2 of 2000 specifically authorized by this local law. b. PERMITTED PRINCIPAL USES. All permitted principal uses that are explicitly permitted in High Density Residential Zones without requiring a Special Permit are explicitly permitted. c. PERMITTED USES BY SPECIAL PERMIT ONLY. The following uses are permitted upon approval of the site plan and issuance of a Special Permit by the Planning Board. (i) Those uses permitted by Special Permit in a High Density Residential Zone (ii) Cottage Industry. (iii) Cottage Industry with accessory wholesale or retail sales of Products produced at the cottage industry and similar products Produced off-site, with or without outside display on the premises of any such products. d. PERMITTED ACCESSORY USES. Accessory uses shall be limited to those accessory uses permitted in a Commercial Zone. e. EASEMENT REQUIREMENT. Any granting of a Special Permit or approval of a Site Plan for Commercial Zone "A-1" shall be made conditional upon the receipt of appropriate easements for access by pedestrians and for maintenance access across the subject property to the West Danby Methodist Cemetery (Town of Danby Tax Parcel No. 17.-1-47. f. OTHER PROVISIONS. The other provisions set forth for all commercial zones shall apply, except as such provisions may be modified by the Special Permit provisions for cottage industries, and except that no uses are permitted in Commercial Zone "A-1" except for those specifically authorized. 5. Where there is a conflict on a specific matter between the provisions of"Section 603 - Commercial Target Area" and the provisions of this local law, the provisions of this local law shall govern. Section 2. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the remaining portions shall not be affected by such declaration of invalidity. Section 3. This law shall take effect 5 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. • • • • 3 Town of Danby Local Law No. 2 of 2000 SCHEDULE A Description of lands being rezoned from High Density Residential Zone to Commercial Zone A- 1: Commencing at a point on the centerline of New York State Route 34-96, also known as Spencer road, which point is 92.4 feet southerly from the centerline of Station Road, also known as Stevens Road on the Survey Map referenced herein; Running thence North 87 degrees, 34 minutes, 28 seconds West a distance of 25 feet to an iron pipe; Continuing to run North 87 degrees, 34 minutes, 28 seconds West a distance of 117.84 feet along the northern boundary of the area being rezoned and a southern boundary of the West Danby Cemetery Lands to an iron pipe; Running thence South 0 degrees, 28 minutes, 57 seconds West a distance of 48 feet to an iron pipe which marks the southeasterly corner of the West Danby Cemetery Lands and a northeasterly corner of lands reputedly owned by Huttenen; Continuing to run South 0 degrees, 28 minutes, 57 seconds West a distance of 51 feet to an iron pipe which marks the southwesterly corner of the area being rezoned and a corner of lands reputedly owned by Huttenen; Running thence South 84 degrees, 26 minutes, 58 seconds East a total,distance of 147.56 feet along the southern boundary of the area being rezoned and a northern boundary of lands reputedly owned by Huttenen to the centerline of New York State route 34-96, Running thence North 1 degrees, 40 minutes, 9 seconds West a total distance of 107.25 feet along the centerline of New York State Route 34-96 to the point or place of beginning. Reference is made to a map entitled "Survey Map, West Danby Methodist Church Property, on N.Y.S. Route 34-96 - Spencer Road, Town of Danby, Tompkins County, N.Y.", dated March 15, 2000, by Raymond H. Brashear, Licensed Land Surveyor, a copy of which is on file in the office of the Town of Danby Town Clerk. (Complete the certification in the paragraph that .applies to the filing of this local law and strilcc out that which Is not applicable.) • • 1. (Final adoption by Local legislative burly curly.) • • • . • • I hereby certify that the local law annexed hereto, designated as local law No.' 2 of the ( )(Town)(V e) of nano of �Q00 r Too egula vde Body) on April 10 Y 19 pin accordance with the applicable duly passed by rite pro visiun� UC lacy. • • 2. (Passage by Iocal legisl ' c body with approval, no disapproval or repassage after.disapproval • by the F.Irnttve Chic xecutive Officers.) • I hereby certify tha he local law annexed hcret , designated as locallo. .• of the (County)( y)(Town)(Village) of of 19 on was dui Passed by the 'ante of ego .:tve boat' — — 19 , and w (IIpprovd)(not disapprov )(rapaCSCd nftcr disappro .1) by the and s deemed dui (alectty. Chief Exec live OTCcer•) Y adopted on 19 in accordance with the applicable provisions of law, . • 3. (Final adop ,ion by referendum.) ' I hereby cer fy that the local law anne d hereto, designatedJ�ocal law•No. of 19_ of the (Co.nty)(City)(Town)(Villagc or / was duly } passed by , e 0 19 , and was (approved not disapproved)(repassed fter • arse a Le¢ielative Body - disapiroval) by the an 19 • Such local law -as ijlectly C i. Jix.eutiv. OUhcr . suf, itted to the people , reason of a (manda .ry)(permissive) refer-, durn, and received the 'firmative vote of a majority of to qualified electors voting thereon at the (::. eral)(special)(annua ction held on .19 , in accordance with the applicable provisions of la\la. . • • • 4. (Subject to per.- ssivc referendum an. final adoption bee. •sc no valid petition as filed requesting rcferndum,) . I hereby certif that tie local law nne ;cd hereto, dc;'.natcd as IocaI law 11., or 19 of the (Cou y)(City)(Totvn)(V age) of was duly passed by the on 19 , and was (up .ruved)(no; disapproved)(r.passed alter Name of Le ltlntive ody — ---- disappr• al) by the - on 19 El ave Chief Executive Of or' Such IOC law was subject i0 per ssivc referendu and no valid pc '' on requesting such ferenclurn was filed as at. 19 in - cordance•with •, e applicable provisions of Jaw. —' • • • • 'Elective Chief Executive Officer ntrahs or includes the chief executive officer of h county elected on a county-wide basis or, if there be' none, the chairman of the county legislative body, the mayor of a city or village, or the supervisor of a town ,rliere such officer is vested with the power to approve or veto local laws or ordinances. •(z) • : • • . • (ClIty local law concerning-Charter revision proposed by petition,) • f hftrcby certify that the local • nnexed hereto, designated as local law No. �% . • o0S6 of the City of having been submitted to referendum pursuant to the provisions of secti ( 6) 7) of the Municipal Home Rule Law, and ltaviub received the affirmative vote • of a majority of the qualifia: electors of such city oting thereon at the (!peciai)(general) ele •en held on 19 , b amc operative. 6. (County loca ;tw cout:rrni►tg adopt •a of Charter.) I hereby certi that the Iocal law an exed hereto, design reel as local law No. • • f 19 of the Cou • of , State of NeN York, having been su mitted to the electo at the General Electi• of November 19 , pup uant to subdivisions 5 and 7 of section of the•Municipal Ho e Rule Law, and h ing received the affir ative vote of a major' y of the aualir d electors of the. cities .f said county as a •nit and of a majority f the qualified electors of the towns of sa d county considered as unit voting at sal. general election, bet a operative: (If any other authorized form of final adoption has been'followed, please provide an appro itate certification.) • • I further certify that X have compared the preceding local law with the original on file in this office.and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph / , above. Otetk o rile Cvunty le actr y, lJtcyr or YTlaae �IcrlC or officer designst('b'local legilsative Cody (Seal) Date: April 22, 2000 • (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of Iocality.) STATE OF NEW YORE • COUNTY OF • Tompkins • • I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken fvr the enactment of the local law annexed hereto. • .Il • • 9tgn 'ura • • own A-VIorrt� u. Gera•t E-7 • Town • J Date: .�v L 069047 (3) TOWN OF DANBY RESOLUTION NO. 40 OF 2000 RESOLUTION ADOPTING THE LOCAL LAW AMENDING THE ZONING ORDINANCE TO ESTABLISH A COMMERCIAL ZONE "A-1" By Councilperson Joel Gagnon: Seconded by Councilperson Norbert Nolte WHEREAS,a resolution was duly adopted by the Town Board of the Town of Danby for a public hearing to be held by said Town on March 29, 2000 to hear all interested parties on a proposed local law entitled"A LOCAL LAW AMENDING THE ZONING ORDINANCE TO ESTABLISH A COMMERCIAL ZONE `A-1' "; an WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal; and WHEREAS, said public hearing was duly held on said date and at the time specified in the notice of hearing at the Town Hall of the Town of Danby and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and WHEREAS, pursuant to Part 16 of the Implementing Regulations pertaining to Article 8 (State Environmental Quality Review Act ["SEQR"]} it was determined that adoption of this local law was an unlisted action, that the Town of Danby Town Board was lead agency in considering the environmental significance of the proposed local law, and that the Town of Danby Planning Board and the Tompkins County Planning Department were involved agencies; and WHEREAS,the Town Planning Board on February 28, 2000 after public hearing and consideration of the various application materials,by Resolution No. 6 of 2000 recommended that a determination of negative environmental significance be made by the Town Board and that the proposed local law be adopted; and WHEREAS,the Tompkins County Planning Department, having reviewed the proposed local law pursuant to General Municipal Law Sections 239-1 and 239-m has indicated by letter dated March 13, 2000, that the local law would have no deleterious impact on County or regional interests and that the Town is free to act without prejudice, and WHEREAS, the Town Board has reviewed the Short Environmental Assessment Form and the recommendation that a negative determination of environmental significance be made for this local law; and WHEREAS,the Town Board finds that the establishment of a Commercial Zone"A-1" as proposed, as such zone would be subject to the provisions and imitations contained within the proposed local law, would be beneficial to the preservation and adaptive reuse of a locally-important historic structure, and finds that the proposal appears to be well-supported in the adjoining community; and WHEREAS, the Town Board finds it is in the best interests of the Town and its citizens to adopt this local law; now, therefore, be it 2 Town of Danby Resolution No. 40 of 2000 RESOLVED,that the Town Board of the Town of Danby, for the reasons set forth by the reviewer in the Short Environmental Assessment Form, determines that the adoption of the referenced local law will not have any significant adverse impacts on the environment; and it is further RESOLVED,that the Town Board of the Town of Danby hereby adopts said local law entitled "A LOCAL LAW AMENDING THE ZONING ORDINANCE TO ESTABLISH A COMMERCIAL ZONE `A-1"`, 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, and to give due notice of the adoption of said local law by publication of such local law or an abstract or summary thereof in the Ithaca Journal and by filing a copy of said local law with the Secretary of State of the State of New York. STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS: TOWN OF DANBY ) I Carol W. Sczepanski, Town Clerk in the Town of Danby, a Municipal Corporation of the County of Tompkins, State of New York, hereby certify that the forgoing resolution is a true and exact copy of a resolution duly adopted by the Town Board of said Town of Danby at a Regular meeting held on the 10th day of April 2000 IN WITNESS WHEREOF,I have here unto set my hand and the Seal of the Town of Danby, this T2t4a day of April , 2000. Qs/A 1,&0-6(11 a,pc4.1.) Carol W. Sc ;0:., ski, Town Clerk TOWN OF DANBY LOCAL LAW NO. 2 OF 2000 A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ESTABLISH A COMMERCIAL ZONE "A-1" 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. Town of Danby Commercial Zone "A-1" is hereby established, and shall be comprised of Town of Danby Tax parcel No. 17.-1-48 , located on the west side of N.Y.S. Route 34/96 south of Maple Avenue, being also known (now or formerly) as the West Danby Methodist Church building property, as shown on a map entitled "General Plan for Proposed Commercial Zone, John Kingsley Furniture, located on the former West Danby Methodist Church Building Property. Tax Map #17.-1-48," drawn by John Kinglsey, dated February 22, 2000, which map is referenced as the general site plan herein. 2. The area described in Schedule A attached is hereby rezoned from High Density Residential Zone to Commercial Zone "A-1". 3. The Zoning Map of the Town of Danby, and the Supplement to the Zoning Map are hereby amended to show the location and boundaries of Commercial Zone "A-1" as set forth in this local law. 4. Commercial Zone "A-1" shall be subject to all zoning requirements pertaining to Commercial Zone "A," and to the following additional provisions and limitations: a. USES PERMITTED. No uses are permitted in Commercial Zone "A-1" except as specifically authorized by this local law. b. PERMITTED PRINCIPAL USES. All permitted principal uses that are explicitly permitted in High Density Residential Zones without requiring a Special Permit are explicitly permitted. c. PERMITTED USES BY SPECIAL PERMIT ONLY. The following uses are permitted upon approval of the site plan and issuance of a Special Permit by the Planning Board. (i) Those uses permitted by Special Permit in a High Density Residential Zone (ii) Cottage Industry. (iii) Cottage Industry with accessory wholesale or retail sales of Products produced at the cottage industry and similar products Produced off-site, with or without outside display on the premises of any such products. 2 Town of Danby Local Law No. 2 of 2000 d. PERMITTED ACCESSORY USES. Accessory uses shall be limited to those accessory uses permitted in a Commercial Zone. e. EASEMENT REQUIREMENT. Any granting of a Special Permit or approval of a Site Plan for Commercial Zone "A-1" shall be made conditional upon the receipt of appropriate easements for access by pedestrians and for maintenance access across the subject property to the West Danby Methodist Cemetery (Town of Danby Tax Parcel No. 17.-1-47. f. OTHER PROVISIONS. The other provisions set forth for all commercial zones shall apply, except as such provisions may be modified by the Special Permit provisions for cottage industries, and except that no uses are permitted in Commercial Zone "A-1" except for those specifically authorized. 5. Where there is a conflict on a specific matter between the provisions of"Section 603 - Commercial Target Area" and the provisions of this local law, the provisions of this local law shall govern. Section 2. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the remaining portions shall not be affected by such declaration of invalidity. Section 3. This law shall take effect 5 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 High Density Residential Zone to Commercial Zone A- 1: Commencing at a point on the centerline of New York State Route 34-96, also known as Spencer road, which point is 92.4 feet southerly from the centerline of Station Road, also known as Stevens Road on the Survey Map referenced herein; Running thence North 87 degrees, 34 minutes, 28 seconds West a distance of 25 feet to an iron pipe; Continuing to run North 87 degrees, 34 minutes, 28 seconds West a distance of 117.84 feet along the northern boundary of the area being rezoned and a southern boundary of the West Danby Cemetery Lands to an iron pipe; Running thence South 0 degrees, 28 minutes, 57 seconds West a distance of 48 feet to an iron pipe which marks the southeasterly corner of the West Danby Cemetery Lands and a 3 Town of Danby Local Law No. 2 of 2000 northeasterly corner of lands reputedly owned by Huttenen; Continuing to run South 0 degrees, 28 minutes, 57 seconds West a distance of 51 feet to an iron pipe which marks the southwesterly corner of the area being rezoned and a corner of lands reputedly owned by Huttenen; Running thence South 84 degrees, 26 minutes, 58 seconds East a total distance of 147.56 feet along the southern boundary of the area being rezoned and a northern boundary of lands reputedly owned by Huttenen to the centerline of New York State route 34-96, Running thence North 1 degrees, 40 minutes, 9 seconds West a total distance of 107.25 feet along the centerline of New York State Route 34-96 to the point or place of beginning. Reference is made to a map entitled "Survey Map, West Danby Methodist Church Property, on N.Y.S. Route 34-96 - Spencer Road, Town of Danby, Tompkins County, N.Y.", dated March 15, 2000, by Raymond H. Brashear, Licensed Land Surveyor, a copy of which is on file in the office of the Town of Danby Town Clerk. 1))/ STATE OF NEW YORK ! ii j 2 ' DEPARTMENT OF STATE i 4 I STATE STREET ALBANY, NY 12 23 I-000 I ALEXANDER F. TREADWELL SECRETARY OF STATE June 18, 2000 JOHN C. BARNEY BARNEY, GROSSMAN DUBOW & MARCUS 119 E SENECA ST, STE 400 ITHACA, NY 14850 RE: Town of Danby, Local Law 1, 2000, filed 06/14/2000 The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, State Records & Law Bureau (518) 474-2755 WWW.DOS.STATE.NY.US • E-MAIL: INFO@ DOS.STATE.NY.US R[CYCLED rAP6R TOWN OF DANBY RESOLUTION NO. 39 OF 2000 RESOLUTION ADOPTING THE LOCAL LAW AMENDING THE ZONING ORDINANCE TO ADD COTTAGE INDUSTRY TO COMMERCIAL ZONE "A" PERMITTED USES BY SPECIAL PERMIT,AND TO ADD DEFINITION OF COTTAGE INDUSTRY By Councilperson Joel Gagnon: Seconded by Councilperson Norbert Nolte WHEREAS,a resolution was duly adopted by the Town Board of the Town of Danby for a public hearing to be held by said Town on March 29,2000 to hear all interested parties on a proposed local law entitled "A LOCAL LAW AMENDING THE ZONING ORDINANCE TO ADD COTTAGE INDUSTRY TO COMMERCIAL ZONE "A"PERMITTED USES BY SPECIAL PERMIT,AND TO ADD DEFINITION OF COTTAGE INDUSTRY"; and WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal; and WHEREAS, said public hearing was duly held on said date and at the time specified in the notice of hearing at the Town Hall of the Town of Danby and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and WHEREAS, pursuant to part 16 of the Implementing Regulations pertaining to Article 8 (State Environmental Quality Review Act ["SEQR"]) it was determined that adoption of this local law was an unlisted action, that the Town of Danby Town Board was lead agency in considering the environmental significance of the proposed local law, and that the Town of Danby Planning Board and the Tompkins County Planning Department were involved agencies; and WHEREAS,the Town Planning Board on February 28, 2000 after public hearing and consideration of the various application materials,by Resolution No. 5 of 2000 recommended that a determination of negative environmental significance be made by the Town Board and that the proposed local law be adopted; and WHEREAS, the Tompkins County Planning Department, having reviewed the proposed local law pursuant to General Municipal Law Sections 239-1 and 239-m has indicated by letter dated March 13,2000,that the local law would have no deleterious impact on County or regional interests and that the Town is free to act without prejudice, and WHEREAS, the Town Board has reviewed the Short Environmental Assessment Form and the recommendations that a negative determination of environmental significance be made for this local law; and WHEREAS,the Town Board finds it is in the best interests of the Town and its citizens to adopt this local law; now therefore , be it RESOLVED,that the Town Board of the Town of Danby, for the reasons set forth by the reviewer in the Short Environmental Assessment Form, determines that the adoption of the referenced local law will not have any significant adverse impacts on the environment; and it is further 2 Town of Danby Resolution No. 39 of 2000 RESOLVED,that the Town Board of the Town of Danby hereby adopts said local law entitled "A LOCAL LAW AMENDING THE ZONING ORDINANCE TO ADD COTTAGE INDUSTRY TO COMMERCIAL ZONE "A" PERMITTED USES BY SPECIAL PERMIT, AND TO ADD DEFINITION OF COTTAGE INDUSTRY", 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, and to give due notice of the adoption of said local law by publication of such local law or an abstract or summary thereof in the Ithaca Journal and by filing a copy of said local law with the Secretary of State of the State of New York. STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS: TOWN OF DANBY ) I Carol W. Sczepanski, Town Clerk in the Town of Danby, a Municipal Corporation of the County of Tompkins, State of New York, hereby certify that the forgoing resolution is a true and exact copy of a resolution duly adopted by the Town Board of said Town of Danby at a Regular meeting held on the 10th day of April 2000 IN WITNESS WHEREOF,I have here unto set my hand and the Seal of the Town of Danby, this 12th day of April , 2000. Carol W. Sczepanski, Town Clerk TOWN OF DANBY LOCAL LAW NO. 1 OF 2000 A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ADD COTTAGE INDUSTRY TO COMMERCIAL ZONE "A" PERMITTED USES BY SPECIAL PERMIT, AND TO ADD THE DEFINITION OF COTTAGE INDUSTRY 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. Section 603, Subsection 2 (d), "Uses permitted in a Commercial Zone"A" by Special Permit Only", is hereby amended by adding new Paragraphs (viii) and (ix) reading as follows: "(viii) Cottage industry. (ix) Cottage industry with assessory wholesale or retail sales of products produced at the cottage industry and similar products produced off-site, with or without outside display on the premises of any such products, in accordance with the provisions contained elsewhere in this Zoning Ordinance." In addition, the present Paragraph (viii) is hereby renumbered as (x). 2. Article IX: Special Permits is hereby amended by adding a new Section 903 reading as follows: "Section 903 - ADDITIONAL SPECIAL PERMIT CONSIDERATIONS FOR COTTAGE INDUSTRY. No Special Permit shall be granted by the Planning Board for a Cottage Industry unless such use meets the following additional requirements: 1. Performance. It shall produce no offensive noise, vibration, smoke, dust, odor, heat, glare or electronic disturbance beyond the property it occupies. 2. Storage. It shall not entail the outdoor, unscreened storage of materials, equipment, or other items related to the industry, except that outdoor display of products may occur if permitted by the Planning Board in the course of granting a Special Permit and approving the site plan, if the Planning Board finds that such outdoor display does not significantly alter the character of the neighborhood. Outdoor storage is considered screened if it is not visible from adjacent properties or public roadways. 3. Parking. No more than one commercial vehicle shall be in uncovered parking. All parking needs shall be met off-street, except that newly designated, constructed, or established standing or parking spaces within the street or road right-of-way for occasional standing, parking, or for pick-up or delivery of supplies and products may be permitted, as part of an approved site plan, and subject to the approval of the highway department or other authority having jurisdiction. 2 Town of Danby Local Law No. 1 of 2000 4. Signs. The provisions for advertising sign boards in Commercial Zones shall apply except as modified herein for Cottage Industry. Any signs on the property identifying the occupation shall not exceed 15 cumulative square feet in signboard area, except that the signboard area of a two-sided sign shall be based on the area of one side. Any such signs shall be non-flashing, and, if illuminated, shall have the lights shielded as much as practicable to direct the lights only at the signs.," In addition, the present Sections 903, 904, 905, and 906 are renumbered respectively as Sections 904, 905, 906, and 907. 3. Appendix I -Definitions, is hereby amended by adding a definition of Cottage Industry reading as follows: "COTTAGE INDUSTRY - A property or buildings where the primary use is art-or craft- oriented design, production or assembly, such as leather working, wood working, metal working, ceramics production, tailoring, and similar activities, employing not more than 5 persons, and where the total building floor area of all buildings dedicated to the cottage industry is not larger than 3,000 square feet. Specifically excluded from the definition of Cottage Industry is the repair or assembly of vehicles or equipment with internal combustion engines, such as automobiles, motorcycles, snowmobiles, marine engines, lawn mowers, chain saws, and other small engines. Section 2. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the remaining portions shall not be affected by such declaration of invalidity. Section 3. This law shall take effect 5 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. __. 1110 2 6U 2 j STATE OF NEW YORK 11.1 /I ` t H DEPARTMENT OF STATE ( ' 4 I STATE STREET ALBANY, NY 1223 I-000 I ALEXANDER F. TREADWELL SECRETARY OF STATE June 18, 2000 JOHN C. BARNEY BARNEY, GROSSMAN DUBOW & MARCUS 119 E SENECA ST, STE 400 ITHACA, NY 14850 RE: Town of Danby, Local Law 2, 2000, filed 06/14/2000 The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, State Records & Law Bureau (518) 474-2755 .,• N. WWW,DOS,STATE.NY.US • E-MAIL: INFO@ DOS.STATE.NY.US RECYCLED PAPER d�. Tompkins:County �l /! > \\ \\ DEPARTMENTOF PLANNING 121East5Court Street Ithaca;New�Y.ork'14850 James W.Hanson,Jr. * * Telephone (607) 274-5560 Commissioner of Planning Fax (607) 274-5578 March 13, 2000 Sue Beeners, Code Enforcement Officer Town of Danby 1830 Danby Road Ithaca,NY 14850-9419 Re: Review Pursuant to §239 -1, -m, and -n of the New York State General Municipal Law Action: Amendment to Zoning Ordinance: Proposed Local Laws No. 1-2000 and No. 2-2000 Dear Ms. Beeners: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to §239 -1, and--m of the New York State General Municipal Law. The proposal, as submitted,will have no significant deleterious impact on intercommunity, County, or State interests: Therefore, no recommendation is indicated by the Tompkins County Planning Department, and you are free to act without prejudice. The Department has general comments that are unrelated to our review under General Municipal Law §239 -1, and—m: Local Law No. 2, 2000: 1. Designating the subject parcel, an approximately 0.29 acre site located in a High Density Residential Zone, as Commercial Zone A-1 would constitute spot zoning(a practice, needless to say, frowned upon by the courts). An option for obtaining a Cottage Industry use on the subject parcel may be through a use variance. 2. Section 4d of Proposed Local Law 2 states that permitted accessory uses "shall he limited to those accessory uses permitted in a Commercial Zone." Would this allow accessory uses allowed in Commercial Zone"A", "B", and/or"C" or possibly other Commercial Zones that may be established in the future? Narrowing the range of uses for Commercial Zone A-1 may be in the higher public interest (in the event that Local Law 2 should be adopted). This review does not include a Site Plan Review because you did not request such in your letter; and, furthermore, your letter indicates that the purpose of the enclosed site plan is "a `general plan' for the purpose of designating proposed Commercial Zone A-1,"and that a site plan review would be conducted at a later stage(should the local law be approved). NOTE: The above addresses Proposed Local Laws No. 1 and No. 2 as set forth in "Revised Draft" dated 3/8/00. (The first or original draft was received 2/23/00, and a revised draft dated 3/1/00 was received same day.) ��� Recycled paper y Please inform us of your decision so that we can make it a part of the record. Sincerely, ames W. Hanson, Jr. Commissioner of Planning I TOWN OF DANBY PLANNING BOARD RESOLUTION NO 5 OF 2000 RECOMMENDATION TO TOWN BOARD - PROPOSED AMENDMENT TO ZONING ORDINANCE RELATED TO COTTAGE INDUSTRY By Nancy Weitzel: Seconded by Olivia Vent WHEREAS,this action is the Consideration of a Recommendation to the Town Board of the Town of Danby with respect to the proposed Amendment of the Town of Danby Zoning Ordinance, which amendment would add Cottage Industry to Commercial"A"Zone Permitted Uses by Special Permit, and which would add a Definition of Cottage Industry; and WHEREAS, the matter is an Unlisted Action for which the Town Board of the Town of Danby is acting as Lead Agency for environmental review, and for which the Planning Board of the Town of Danby and the Tompkins County Planning Department are involved agencies; and WHEREAS, the Tompkins County Planning Department has been notified of this action for purposes of review under General Municipal Law 239-m; and WHEREAS, the Planning Board has, at and following public hearing on February 28, 2000 has reviewed the proposed local law related to this action, and the Short Environmental Assessment Form with the recommended review by the Code enforcement Officer that a negative determination of environmental significance be made for this action; NOW, THEREFORE, IT IS RESOLVED, that the Planning Board of the Town of Danby recommends to the Town of Danby Town board that a negative determination of environmental significance be made for this action; and it is FURTHER RESOLVED,that the Planning Board recommends to the Town board that a Local Law to Amend the Zoning Ordinance to Add Cottage Industry to Commercial Zone "A" Permitted Uses by Special Permit, and to Add the Definition of Cottage Industry be adopted, with such proposed Local Law recommended to read as follows: "PROPOSED LOCAL LAW NO. 1 OF 2000 A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ADD COTTAGE INDUSTRY TO COMMERCIAL ZONE "A" PERMITTED USES BY SPECIAL PERMIT, AND TO ADD THE DEFINITION OF COTTAGE INDUSTRY 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. Section 603, Subsection 2 (d), "Uses permitted in a Commercial Zone"A"by Special Permit Only", is hereby amended by adding new Paragraphs (viii) and (ix) reading as follows: Planning Board Resolution 2 No. 5 of 2000 "(viii) Cottage Industry. (ix) Cottage industry with accessory wholesale or retail sales of products produced at the cottage industry and similar products produced off-site, with or without outside display on the premises of any such products." In addition, the present Paragraph (viii) is hereby renumbered as (x). 2. Appendix I - Definitions, is hereby amended by adding a definition of Cottage Industry to read as follows: "COTTAGE INDUSTRY - A property or buildings where the primary use is art-or craft- oriented design, production or assembly, such as leatherworking, woodworking, metal working, ceramics production, tailoring, and similar activities, employing not more than 5 persons, and where the combined building area is not larger than 3,000 square feet. Additional criteria for meeting the definition of a cottage industry are as follows: (a) Performance. It shall produce no offensive noise, vibration, smoke, dust, odor, heat, glare or electronic disturbance beyond the property it occupies. (b) Storage. It shall not entail the outdoor, unscreened storage of materials, equipment, or other items related to the industry. Such storage is considered screened if it is not visible from adjacent properties or public roadways. (c ) Parking. No more than one commercial vehicle shall be in uncovered parking. All parking needs shall be met off-street, except that newly designated, constructed, or established standing or parking spaces within the street or road right- of-way for occasional standing, parking, or for pick-up or delivery of supplies and products may be permitted, as part of an approved site plan, and subject to the approval of the highway department or other authority having jurisdiction. (d) Signs. The provisions for advertising sign boards in Commercial Zones shall apply except as modified herein for Cottage Industry. Any signs on the property identifying the occupation shall not exceed 15 cumulative square feet in signboard area, except that the signboard area of a two-sided sign shall be based on the area of one side. Any such signs shall be non-flashing, and, if illuminated, shall have the lights shielded as much as practicable to direct the lights only at the signs. (e) Specifically excluded from the definition of cottage industry is the repair or assembly of vehicles or equipment with internal combustion engines, such as automobiles,motorcycles,snowmobiles,marine engines,lawn mowers,chain saws, and other small engines. Section 2 In the event that any portion of this law is declared invalid by a court of competent Planning Board Resolution 3 No. 5 of 2000 jurisdiction, the remaining portions shall not be affected by such declaration of invalidity. Section 3. This law shall take effect 5 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." A roll call vote on the resolution resulted as follows: Farrell Aye Vent Aye Weitzel Aye Gilbert Aye Carried Unanimously STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS: TOWN OF DANBY ) I Carol W. Sczepanski, Town Clerk in the Town of Danby, a Municipal Corporation of the County of Tompkins, State of New York, hereby certify that the forgoing resolution is a true and exact copy of a resolution duly adopted by the Planning Board of said Town of Danby at a Special meeting held on the 28th day of February , 2000. IN WITNESS WHEREOF, I have hereunto set my hand and the Seal of the Town of Danby, this 29th day of February , 2000. Carol W. Sczepanski, Town Clerk -Pro po 14.16.4 (9/95)—Text 12 e ci L L 1 PROJECT I.D. NUMBER 617.20 SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME rowv, O42 C li) +-j 1.1 3. PROJECT LOCATION: + — Municipality --P6.1/4--P6.1/4 171 17 LI County I OYh p 1l�1 VI s 4. PRECISE LOCATION(Street address and road Intersections,prominent landmarks, etc., or provide map) T N L I T] > 5. IS PROPOSED ACTION: ONew ❑Expansion ❑Modlficatlon/alteration 6. DESCRIBE PROJECT BRIEFLY: Fro 105et,f i—oca--< Law -h., Alrne_v,L. -t1 - - a1 V1 i0 0rjI ,,,Avt -T 1) 44 A C.I t‘ A< T t 61 u l 1 -h yy,w1-e,rL i "Zo ►1.Cr " A I, Pe r►o I-1-1-r°4 0/,e.„o 1,2\--1 S re L (i) per An 1+, a v,tt +1,-- Ad d- Q D-e-6,,,-h o1,1 of Co }-}--A ge_, 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes ❑No If No,describe briefly V1 I AS Gi Y, A Vv\e Vt 4 Yv�mJ f ilk.-+2.. 7 v, I✓t ON 0 rot ft,'‘A K C4_, --..../J 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ❑Residential ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/Opon spaco ❑Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL STATE OR LOCAL)? ❑Yes No ff yes, Ilst agency(s) and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT•OR APPROVAL?OSJ ❑Yes No If yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes ❑No IVA, I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE I Applicant/sponsor name: V1 oP �e� `/ Dale: i ?q CD Signature: Li- " `' ' 6W A O Q-- D 6^ v\-47 Li If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 • PART II—ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes. coordinate the review process and use the FULL EAF. ❑Yes eXNo 8. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? II No, a negative declaration may be superseded by another involved agency. BYes ❑No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten, it legible) Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted,or a change in use or Intensity of use of land or other natural resources?Explain briefly. \ ' CS. Growth, subsequent development, or related activities likely to be Induced by the proposed action? Explain briefly. CS. Long term, short term,cumulative, or other effects not identified in C1•C5? Explain briefly. Cl. • Other impacts(including changes in use of either quantity or type of energy)? Explain briefly. D. WILL.THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? ❑Yes No E. IS THERE,OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑Yes 1LS1 No If Yes, explain briefly 1st 0 -f-3 ok4 PART Ill—DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (I) magnitude. It necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ❑ Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: 5e2, atha(Jlit> t 2 & I o l.J to o G vi-b 1,r T73�,J lip 2��Z Name of lead Agency e.GI v.)Ct ra- vii V I�1.�� vL s(-k v Print or Type Name oI Respons,ble Oit,cet in le.1J agency title of Responsible Officer G'• G�.'1/1 f1 Signature of Responsible Otticer in lead Agen.y Signature of Preparer Ili different from responsible orlicerl Date 9 PART II-ENVIRONMENTAL ASSESSMENT-ATTACHMENT PROPOSED LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ADD COTTAGE INDUSTRY TO COMMERCIAL ZONE "A"PERMITTED USES BY SPECIAL PERMIT,AND TO ADD THE DEFINITION OF COTTAGE INDUSTRY (also refer to Short Environmental Assessment Form Parts II and HI) Cl. No significant adverse impacts are expected with respect to these environmental factors. The proposed local law itself has no direct physical development associated with it. The definitions,criteria, and standards set forth in the local law for Cottage Industries are intended to assist in mitigating potential adverse environmental impacts of such industries if they are established. C2. As in Cl above,the provisions set forth for Cottage Industries, including the considerations that would subsequently be made in granting a Special Permit, are intended to mitigate potential adverse environmental impacts of such industries. C3. As in Cl and C2 above. C4. The proposed local law appears to be consistent with the purpose of Commercial Zone "A", with respect to providing for an area or areas for commercial activities involving a low impact on the neighborhood. The 1989 Comprehensive Plan recommended that standards be developed for cottage industries. The proposed local law does not itself cause any change in land use or land use intensity. C5. The introduction of a zoning classification for small-scale Cottage Industries may lead to increased application for such use. The provisions set forth in the proposed local law should assist the Town, and potential applicants for Cottage Industries, in mitigating potential adverse impacts. Cottage Industries, if approved, may also have some beneficial economic impacts for the Town. C6. As in C5. C7. None are expected, since the proposed local law involves no direct physical development, and since any potential future applications for Cottage Industries would be subject to further environmental review. { D. There are no CEA's(Critical Environmental Areas")officially established in the Town. E. No public controversy is known or expected at the time of this review. PART III - DETERMINATION OF SIGNIFICANCE A negative determination of environmental significance is recommended, for reasons stated in Part H above. The proposed local law would set forth a classification for Cottage Industries, along with various provisions, which are expected to assist the Town and any prospective applicants in mitigating potential adverse impacts. PV4 1,60 eN .3151 CERTIFICATE OF NECESSITY The Undersigned, Town Supervisor of the Town of Danby, hereby certifies to the necessity for the immediate passage of the local law entitled "A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ESTABLISH A COMM CIAL ZONE A-1" Edward m , Town Supervisor Dated: °% a TOWN OF DANBY CERTIFICATE OF NECESSITY The Undersigned, Town Supervisor of the Town of Danby, hereby certifies to the necessity for the immediate passage of the local law entitled "A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ADD COTTAGE INDUSTRY TO COMMERCIAL ZONE "A" PERMITTED USES BY SPECIAL PERMIT: AND TO ADD THE DEFINITION OF COTTAGE INDUSTRY. Edward ' . .n, Town Supervisor S" _odd Date TOWN OF DANBY SUPPLEMENTAL AND AMENDING NOTICE OF ADOPTION OF A LOCAL LAW NOTICE IS HEREBY GIVEN, that at a regular meeting held on the 10`''day of April, 2000, the Town Board of the Town of Danby duly adopted a local law entitled "A Local Law to Amend the Zoning Ordinance to Establish a Commercial Zone `A' ", a copy of which Local Law was published in the Ithaca Journal on April 25, 2000. Said publication inadvertently included an earlier version of Schedule A. The corrected Schedule A attached to the Local Law as adopted described Town of Danby tax parcel no. 17-1-48 in accordance with the survey referenced in the description. A complete copy of the description and entire Local Law is available at the Town Clerk's office during normal business hours. This notice amends and supplements the prior notice published with respect to such Local Law. Carol W. Sczepanski, Town Clerk June 16, 2000 TOMPKINS COUNTY is N OF DANBY - TOMPKINS COUNTY 1830 DANBY ROAD (607)277-4788 ITHACA, NEW YORK 14850-9419 Fax (607)277-0559 AFFIDAVIT OF TRANSMITTAL PROPOSED LOCAL LAWS - NO. 1 AND 2 OF THE YEAR 2000 I Sus Ft-73 bE-n- , Town of Danby Code Enforcement Officer, being duly sworn, deposes and says: 1 ) That she is the Code Enforcement Officer of the Town of Danby, Tompkins County New York. 2) That on 1'Y14i€44 29, Z d op she transmitted a copy of the proposed local laws No. 1 and 2 of the Year 2000 which is attached hereto and made a part hereof, to each of the Town of Danby Councilpersons and the Town Supervisor. Date Susan Beeners, Code Enforcement Officer TOMPKINS COUNTY Tr N OF DANBY - TOMPKINS COUNTY 1830 DANBY ROAD (607)277-4788 ITHACA, NEW YORK 14850-9419 Fax: (607)277-0559 AFFIDAVIT OF SERVICE BY MAIL OF NOTICE OF HEARING STATE OF NEW YORK: COUNTY OF TOMPKINS 1 CAROL W. SCZEPANSKI, Town of Danby Town clerk, being duly sworn deposes and says: 1) That she is the Town clerk of the Town of Danby, Tompkins County New York; 2) That on March 22, 2000 which day is no later than five (5) days prior to the date of the hearing, she caused to be mailed pursuant to the provisions of the Zoning Ordinance of the Town of Danby, a copy of the notice of hearing, which is attached hereto and made a part hereof to each of the property owners of the subject property referred to in said notice on both sides of the street on which the property fronts and the adjoining property owners to the side and rear of the property affected immediately adjacent extending 500 feet therefrom, the names and addresses of said property owners being contained on the list attached hereto and made a part hereof. 71/a4e4 ,207, .2 dele) Date Carol W. Sczepans , own Clerk Town of Danby TO: ADJACENT PROPERTY OWNERS OF TOWN OF DANBY TAX PARCEL NO. 17.- 1-48 (present or former) West Danby Methodist Church FROM: TOWN OF DANBY THE FOLLOWING PUBLIC HEARINGS ARE SCHEDULED TO BY THE TOWN BOARD OF THE TOWN OF DANBY. The 7:25 HEARING IS TO CONSIDER ESTABLISHING A NEW COMMERCIAL ZONE "A-1"WHICH WOULD CONSIST OF TAX PARCEL 17.-1-48 known as the (present or former) West Danby Methodist Church building property. PLEASE TAKE NOTICE,that the following public hearings will be held by the Town Board of the Town of Danby on Wednesday, March 29, 2000 at 1830 Danby Road, Ithaca,New York: 7:00 p.m.-Public Hearing to Consider changing, pursuant to Town Law Section 273, the Town of Danby Official Map to change the name of Miller Road West to West Miller Road, and to change the name of Miller Road East to East Miller Road, with such proposed changes also being pursuant to Town Law Section 64, Subdivision 9. 7:10 p.m. - Public Hearing to Consider the Enactment of a proposed Local Law entitled "Amending the Zoning Ordinance to add Cottage Industry to Commercial Zone "A" Permitted Uses by Special Permit, and to add the Definition of Cottage Industry." 7:25 p.m. - Public Hearing to Consider the Enactment of a proposed Local Law entitled "Amending the Zoning Ordinance to Establish a Commercial Zone"A-1"which would consist of Town of Danby Tax Parcel No. 17.-1-48, located on the west side of N.Y.S. Route 34/96 south of Maple Avenue and Valley View Road, being also known as the (present or former) West Danby Methodist Church building property. Published March 17, 2000 li :'='-. O,' 24 -27. << 1G, 361.1, a I 1� 1.93 Ac -pt i , 1 1065 a Qi,s -.\'` 9. 6\- ..17 , Ic6s tti �. 24 - a :0 - 19 .`ff 33' -. 21%' ,r J�< a o 20 ;, qS /� �.- S� f'' 7 11� ' �f ° 73°'s $ a • 2Ai s 97 s r�' o :° V- a 9.1.4 'Ma ■ a 8 A16 s 4. ���' '31 53 55 21.z: , s,. AIN-c " 76s 97 ' m � s � 1.47AcC 59s ■ns 1'r U6 e 47 4. a 2„s 123 s 77s44.1r,s 1 142s N SS '^ 4 01 52 , s 253 s I t s :Xs v► '^ :s - WI 5 126 s A�;S 49 . � 1 ° v INVOLVED 2n' yt ffi 174 „ TE0PEr f 5O o' 367 s ,% 3.29 Ac C 1 316 s I rceu I l ull' 11115 enu Use template for 6460TH or 5160® 17.=1-.15.4& 17.-1-55.2 17.-1-24 & 17.-1-23 17.-1-33 BRUCE &CAROLYN RICHARDS JAMES & KAREN CUTIA JAMES JACKSON 17 VALLEY VIEW RD 8 VALLEY VIEW RD 7 VALLEY VIEW RD W DANBY NY 14883 SPENCER NY 14883 SPENCER NY 14883 17.-1-34 & 17.-1-35 17.-1-36 17.-1-44.1 & 17.-1-45 ANTHON & LESLIE MOONEY ANNA COLBURN ROBERT & ERNESTA FENDRICK 10 MAPLE AVE 16 MAPLE AVE 3250 DUBOISE RD W DANBY NY 14883 SPENCER NY 14883 ITHACA NY 14850 17.-1-44.2 17.-1-46 17.-1-49 & 17.-1-50 BEATRICE BENSON 21 MAPLE AVE ELEANOR BREWER LUCY MAE HUTTUNEN PO BOX 203 11 MAPLE AVE 815 HUNTER ST NEWFIELD NY 14867 SPENCER NY 14883 W PALM BEACH FL 33405 17.-1-40.2 17.-1-51 & 17.-1-52 17.-1-53 ANDREW & WILMA REED GERALD & MARJORIE CATLIN JOEL & SARAH GAGNON 2365 SPENCER RD 2361 W DANBY RD 2353 SPENCER RD SPENCER NY 14883 SPENCER NY 14883 W DANBY NY 14883 17.-1-21 17.-1-20 17.-1-19 Raymond & Shirley Howland PETER& MARY FRAISSINET 10 Station Road DONALD &NANCY WRIGHT 6 STATION RD P.O. Box 418 18 STATION RD W DANBY NY 14883 Spencer, New York 14883-0418 W DANBY NY 14883 17.-1-17 18.-1-14.22 & 18.-1-24.2 17.-1-47 Vera Shilling & Ernest Wright West Danby Methodist Church 14 Station Road FINGER LAKES LAND TRUST Attn: Barbara Ellison PO Box 40 202E COURT ST P.O. Box 1515 West Danby,New York 14883 ITHACA NY 14850 Cicefb, NY 13038 • i AVERY® Removable Multi-Purpose Labels Laser 6460TM TOMPKINS COUNTY T � N OF DANBY - TOMPKINS COUNTY 1830 DANBY ROAD (607) 277-4788 ITHACA, NEW YORK 14850-9419 Fax: (607)277-0559 AFFIDAVIT OF SERVICE BY MAIL OF NOTICE OF HEARING STATE OF NEW YORK: COUNTY OF TOMPKINS I CAROL W. SCZEPANSKI, Town of Danby Town clerk, being duly sworn deposes and says: 1) That she is the Town clerk of the Town of Danby, Tompkins County New York; 2) That on February 22, 2000 which day is no later than five (5) days prior to the date of the hearing, she caused to be mailed pursuant to the provisions of the Zoning Ordinance of the Town of Danby, a copy of the notice of hearing, which is attached hereto and made a part hereof to each of the property owners of the subject property referred to in said notice on both sides of the street on which the property fronts and the adjoining property owners to the side and rear of the property affected immediately adjacent extending 500 feet therefrom, the names and addresses of said property owners being contained on the list attached hereto and made a part hereof. ,00a Date Carol W. SczepailaW, Town Clerk Town of Danby TO: ADJACENT PROPERTY OWNERS OF TOWN OF DANBY TAX PARCEL NO. 17.-1-48 (present or former) West Danby Methodist Church FROM: TOWN OF DANBY THE FOLLOWING PUBLIC HEARING NOTICE TO CONSIDER A RECOMMENDATION TO THE TOWN BOARD FOR AN AMENDMENT TO THE ZONING ORDINANCE TO ADD COTTAGE INDUSTRY AND ESTABLISH A NEW COMMERCIAL ZONE "A" FOR TAX PARCEL 17.-1-48 . PLEASE TAKE NOTICE that a public hearing will be held by the Planning Board of the Town of Danby on Monday, February 28, 2000 at 7:00 p.m. at 1830 Danby Road, Ithaca,New York to Consider a Recommendation to the Town Board of the Town of Danby with respect to the proposed Amendment of the Town of Danby Zoning Ordinance, which Amendment would add Cottage Industry to Commercial "A" Zone Permitted Uses by Special Permit, and which would add a Definition of Cottage Industry; AND FURTHER, to Consider a Recommendation to the Town Board with respect to the Proposed Amendment of the Town of Danby Zoning Ordinance and Zoning Map,Establishing a new Commercial Zone"A", consisting of Town of Danby Tax Parcel No. 17.-1-48, located on the west side of N.Y.S. Route 34/96 south of Maple Avenue and Valley View Road, being also known as the (present or former) West Danby Methodist Church building property, located in a High Density Residential Zone. As proposed,the use for said new Commercial Zone"A"would be for"Cottage Industry,"subject to Special Permit. A Special Meeting of the Planning Board will follow the public hearing. All interested persons will be heard either in person or in writing. By Order of the Planning Board Carol W. Sczepanski, Town Clerk Dated: February 18, 2000 Publish: February 22, 2000 TOWN OF DANBY PLANNING BOARD RESOLUTION NO 5 OF 2000 RECOMMENDATION TO TOWN BOARD - PROPOSED AMENDMENT TO ZONING ORDINANCE RELATED TO COTTAGE INDUSTRY By Nancy Weitzel: Seconded by Olivia Vent WHEREAS,this action is the Consideration of a Recommendation to the Town Board of the Town of Danby with respect to the proposed Amendment of the Town of Danby Zoning Ordinance, which amendment would add Cottage Industry to Commercial"A"Zone Permitted Uses by Special Permit, and which would add a Definition of Cottage Industry; and WHEREAS,the matter is an Unlisted Action for which the Town Board of the Town of Danby is acting as Lead Agency for environmental review, and for which the Planning Board of the Town of Danby and the Tompkins County Planning Department are involved agencies; and WHEREAS, the Tompkins County Planning Department has been notified of this action for purposes of review under General Municipal Law 239-m; and WHEREAS, the Planning Board has, at and following public hearing on February 28, 2000 has reviewed the proposed local law related to this action, and the Short Environmental Assessment Form with the recommended review by the Code enforcement Officer that a negative determination of environmental significance be made for this action; NOW, THEREFORE, IT IS RESOLVED, that the Planning Board of the Town of Danby recommends to the Town of Danby Town board that a negative determination of environmental significance be made for this action; and it is FURTHER RESOLVED,that the Planning Board recommends to the Town board that a Local Law to Amend the Zoning Ordinance to Add Cottage Industry to Commercial Zone "A" Permitted Uses by Special Permit, and to Add the Definition of Cottage Industry be adopted, with such proposed Local Law recommended to read as follows: "PROPOSED LOCAL LAW NO. 1 OF 2000 A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ADD COTTAGE INDUSTRY TO COMMERCIAL ZONE "A" PERMITTED USES BY SPECIAL PERMIT, AND TO ADD THE DEFINITION OF COTTAGE INDUSTRY 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. Section 603, Subsection 2 (d), "Uses permitted in a Commercial Zone"A"by Special Permit Only", is hereby amended by adding new Paragraphs (viii) and (ix) reading as follows: Planning Board Resolution 2 No. 5 of 2000 "(viii) Cottage Industry. (ix) Cottage industry with accessory wholesale or retail sales of products produced at the cottage industry and similar products produced off-site, with or without outside display on the premises of any such products." In addition, the present Paragraph (viii) is hereby renumbered as (x). 2. Appendix I - Definitions, is hereby amended by adding a definition of Cottage Industry to read as follows: "COTTAGE INDUSTRY - A property or buildings where the primary use is art-or craft- oriented design, production or assembly, such as leatherworking, woodworking, metal working, ceramics production, tailoring, and similar activities, employing not more than 5 persons, and where the combined building area is not larger than 3,000 square feet. Additional criteria for meeting the definition of a cottage industry are as follows: (a) Performance. It shall produce no offensive noise, vibration, smoke, dust, odor, heat, glare or electronic disturbance beyond the property it occupies. (b) Storage. It shall not entail the outdoor, unscreened storage of materials, equipment, or other items related to the industry. Such storage is considered screened if it is not visible from adjacent properties or public roadways. (c ) Parking. No more than one commercial vehicle shall be in uncovered parking. All parking needs shall be met off-street, except that newly designated, constructed, or established standing or parking spaces within the street or road right- of-way for occasional standing, parking, or for pick-up or delivery of supplies and products may be permitted, as part of an approved site plan, and subject to the approval of the highway department or other authority having jurisdiction. (d) Signs. The provisions for advertising sign boards in Commercial Zones shall apply except as modified herein for Cottage Industry. Any signs on the property identifying the occupation shall not exceed 15 cumulative square feet in signboard area, except that the signboard area of a two-sided sign shall be based on the area of one side. Any such signs shall be non-flashing, and, if illuminated, shall have the lights shielded as much as practicable to direct the lights only at the signs. (e) Specifically excluded from the definition of cottage industry is the repair or assembly of vehicles or equipment with internal combustion engines, such as automobiles,motorcycles,snowmobiles,marine engines,lawn mowers,chain saws, and other small engines. Section 2 In the event that any portion of this law is declared invalid by a court of competent Planning Board Resolution 3 No. 5 of 2000 jurisdiction, the remaining portions shall not be affected by such declaration of invalidity. Section 3. This law shall take effect 5 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." A roll call vote on the resolution resulted as follows: Farrell Aye Vent Aye Weitzel Aye Gilbert Aye Carried Unanimously STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS: TOWN OF DANBY ) I Carol W. Sczepanski, Town Clerk in the Town of Danby, a Municipal Corporation of the County of Tompkins, State of New York, hereby certify that the forgoing resolution is a true and exact copy of a resolution duly adopted by the Planning Board of said Town of Danby at a Special meeting held on the 28th day of February , 2000. IN WITNESS WHEREOF, I have hereunto set my hand and the Seal of the Town of Danby, this 29th day of February , 2000. • atO/W. Carol W. Sczepa Town Clerk • TOWN OF DANBY PLANNING BOARD RESOLUTION NO 6 OF 2000 RECOMMENDATION TO TOWN BOARD - PROPOSED AMENDMENT TO ZONING ORDINANCE TO ESTABLISH A COMMERCIAL ZONE "A-1" By Nancy Weitzel: Seconded by Olivia Vent WHEREAS,this action is the Consideration of a Recommendation to the Town Board of the Town of Danby with respect to the proposed Amendment of the Town of Danby Zoning Ordinance, which amendment would establish a new Commercial Zone "A-1", consisting of Town of Danby Tax Parcel No. 17.-1-48, located on the west side of N.Y.S. Route 34/96 south of Maple Avenue and Valley View Road, being also known as the (present or former) West Danby Methodist Church building property,presently located in an High Density Residential Zone, and presently proposed for use as "Cottage Industry", subject to Special Permit; and WHEREAS,the matter is an Unlisted Action for which the Town Board of the Town of Danby is acting as Lead Agency for environmental review, and for which the Planning Board of the Town of Danby and the Tompkins County Planning Department are involved agencies, with the Planning Board to act as Lead Agency in the event that the Zone is established by the Town Board; and WHEREAS, the Tompkins County Planning Department has been notified of this action for purposes of review under General Municipal Law 239-m; and WHEREAS, the Planning Board has, at and following public hearing on February 28, 2000 has reviewed the proposed local law related to this action, and the Short Environmental Assessment Form with the recommended review by the Code Enforcement Officer that a negative determination of environmental significance be made for this action; NOW, THEREFORE, IT IS RESOLVED, that the Planning Board of the Town of Danby recommends to the Town of Danby Town Board that a negative determination of environmental significance be made for this action; and it is FURTHER RESOLVED, that the Planning Board recommends to the Town Board that a Local Law to Amend the Zoning Ordinance to Establish a Commercial Zone"A-1" at the subject premises be adopted, with such proposed Local Law recommended to read as follows: "PROPOSED LOCAL LAW NO. 2 OF 2000 A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ESTABLISH A COMMERCIAL ZONE "A-1" 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. Town of Danby Commercial Zone "A-1" is hereby established, and shall be comprised of 2 Planning Board Resolution No. 6 of 2000 Town of Danby Tax parcel No. 17.-1-48, located on the west side of N.Y.S. Route 34/96 south of Maple Avenue, being also known (now or formerly) as the West Danby Methodist Church building property, as shown on a map entitled "General Plan for Proposed Commercial Zone, John Kingsley Furniture, located on the former West Danby Methodist Church Building Property, Tax Map No. 17.-1-48,"drawn by John Kingsley, dated February 22, 2000,which map is referenced as the general site plan herein. 2. The area described in Schedule A attached is hereby rezoned from High Density Residential Zone to Commercial Zone "A-1", 3. The Zoning Map of the Town of Danby, and the Supplement to the Zoning Map, are hereby amended to show the location and boundaries of Commercial Zone "A-1" as set forth in this local law. 4. Commercial Zone "A-1" shall be subject to the following provisions, notwithstanding any other pertinent zoning requirements: a. PERMITTED PRINCIPAL USES. All permitted principal uses that re explicitly permitted in High Density Residential Zones without requiring a Special Permit are explicitly permitted. b. PERMITTED USES BY SPECIAL PERMIT ONLY. The following uses are permitted upon approval of the site plan and issuance of a Special Permit by the Planning Board. (i) Those uses permitted by Special Permit in a High Density Residential Zone. (ii) Cottage Industry (iii) Cottage Industry with accessory wholesale or retail sales of products produced at the cottage industry and similar products produced off-site, with or without outside display on the premises of any such products. c. PERMITTED ACCESSORY USES. Accessory uses shall be limited to those accessory uses permitted in a Commercial Zone. d. OTHER PROVISIONS. The other provisions set forth for all commercial zones shall apply, except as such provisions may be modified by the Special Permit provisions for cottage industries. 5. Where there is a conflict on a specific matter between the provisions of "Section 603 - Commercial Target Area"and the provisions of this local law, the provisions of this local law shall govern. Section 2. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the remaining portions shall not be affected by such declaration of invalidity. 3 Planning Board Resolution No. 6 of 2000 Section 3. This law shall take effect 5 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 High Density Residential Zone to Commercial Zone A-1: (Zone consists of Town of Danby Tax parcel No. 17.-1-48, and includes the area in the N.Y.S. Rte. 34/96 right of way directly abutting this Parcel to the east, to the centerline of this right of way. A full description is pending a final survey map)" AND IT IS FURTHER RESOLVED, That the Planning Board recommends to the Town Board that appropriate easements be provided for access by pedestrians and for maintenance access to the West Danby Methodist Cemetery. A roll call vote on the resolution as follows: Farrell Aye Vent Aye Weitzel Aye Gilbert Aye Carried Unanimously STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS: TOWN OF DANBY ) I Carol W. Sczepanski, Town Clerk in the Town of Danby, a Municipal Corporation of the County of Tompkins, State of New York, hereby certify that the forgoing resolution is a true and exact copy of a resolution duly adopted by the Planning Board of said Town of Danby at a Special meeting held on the 28th day of February , 2000. IN WITNESS WHEREOF, I have hereunto set my hand and the Seal of the Town of Danby, this 29th day of February , 2000. aol Carol W. Sczepanski,`61 n Clerk reso-6.00 1 ,`,TOMPKINS <' <COUNTy. t ; 5 I' 'tit N OF DANBY - TOMPKINS COUNTY 1830 DANBY ROAD (607)277-4788 ?.' ITHACA, NEW YORK 14850-9419 Fax: (607)277-0559 Code Enforcement Office Phone 277-0697 Fax 277-0559 TO: Jim Hanson FROM: Susan Beeners, 2/23/00 G n RE: Proposed Local Laws No. 1 and 2, 2000 Enclosed for purposes of General Municipal Law 239-m review are the materials related to the following: 1. Proposed Local Law No. 1 -2000 A Local Law to Amend the Zoning Ordinance to Add Cottage Industry to Commercial Zone"A" Permitted Uses by Special Permit, and to Add the Definition of Cottage Industry. 2. Proposed Local Law No. 2 -2000 A Local Law to Amend the Zoning Ordinance to Establish a Commercial Zone A-1. The Danby Planning Board on Monday, February 28 will be holding a public hearing to consider making a recommendation to the Town Board with respect to the above. The Town Board would act as Lead Agency. • Please do not hesitate to contact me if you need additional information or have any questions. 5 14.16.4 (9/95)—Text 12 PROJECT I.D. NUMBER 617.20 SEQR Appendix C State Environmental Duality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME 7z71/3v't o--1 4 n 71,4 3. PROJECT LOCATION: Municipality -P4 Vl 17 County I 0.)--1,1 0.)--1,1 P 1 l .--1 trt Cj 4. PRECISE LOCATION(Street address and road Intersections,prominent landmarks, etc.,or provide map) CTisNti 1 T] 5. IS PROPOSED ACTION: ,New ❑Expansion ❑Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Pr o roS e d--. Loco-A Le, w -t‘ Arn e.v1 L. -t --e, 1`o i Or j fvl4Ne_e_.) +U 1 -4 A Co-1 I .-L T>,c1 u 5iY-1. � -hT Co IM W1-me-t' 'Zc, r. " F} j' Pe r►h i-1-1-re,( V n t,�o h.1 S r e L-t a,l Pe-y-✓Y,l —, a>^tt_ -}-D- to k •-trig .e-Fi v1," -h o f CD o sW�us��,-i 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILD PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? t(� Yes ❑No If No, d^_scribe briefly A'S Gi ri AVv1 e t/t 4 YVLOM .11^—e_ 7-0 v1 1 Y1ex 0 ret 1 v■a 14 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ❑Residential ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/Opon space ❑Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL ❑Yes No H yes, Ilst agency(s) and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? • ❑Yes OSJ No If yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes ❑No tv,74 , I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: In 'VI 17-P �A vrtl-2 21 Date: 2 Z OD • Signature: LA c z fw A 0,c- Dick-1-7t1 G If the action Is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 . • PART II—ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. ❑Yes No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. ,Yes ❑No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: • -±171 CAA C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources: or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: ■ C4. A community's existing plans or goals as officially adopted,or a change in use or Intensity of use of land or other natural resources?Explain briefly. CS. Growth, subsequent development, or related activities likely to be Induced by the proposed action? Explain briefly. C6. Long term, short term, cumulative, or other effects not identified in C1•C5? Explain briefly. C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? ❑Yes �No E. IS THERE,OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑Yes ‘c21.No If Yes, explain briefly 1 5.e--12-- -f-{7< a, v1ti-�vim` PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or.otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (t) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ❑ Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: S'eZ, cc (/Iilryt�yt I olLJln o- G vrb1,1 T731,J VL• c-- L 2("2.z.(0-D- Name of Lead Agency e A i,v r rrt to S Lk v i S ar Prust or Type Name o) Responsible Oiirccr ns Lead Agency title of Responsible Officer 2���► �j'j Signature of Responsible Officer in Lead Agency Signature of Prepare((If different from responsible officer) Date 2 PART II-ENVIRONMENTAL ASSESSMENT-ATTACHMENT PROPOSED LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ADD COTTAGE INDUSTRY TO COMMERCIAL ZONE "A"PERMITTED USES BY SPECIAL PERMIT,AND TO ADD THE DEFINITION OF COTTAGE INDUSTRY (also refer to Short Environmental Assessment Form Parts H and III) Cl. No significant adverse impacts are expected with respect to these environmental factors. The proposed local law itself has no direct physical development associated with it. The definitions,criteria, and standards set forth in the local law for Cottage Industries are intended to assist in mitigating potential adverse environmental impacts of such industries if they are established. C2. As in Cl above,the provisions set forth for Cottage Industries, including the considerations that would subsequently be made in granting a Special Permit, are intended to mitigate potential adverse environmental impacts of such industries. C3. As in Cl and C2 above. C4. The proposed local law appears to be consistent with the purpose of Commercial Zone "A", with respect to providing for an area or areas for commercial activities involving a low impact on the neighborhood. The 1989 Comprehensive Plan recommended that standards be developed for cottage industries. The proposed local law does not itself cause any change in land use or land use intensity. C5. The introduction of a zoning classification for small-scale Cottage Industries may lead to increased application for such use. The provisions set forth in the proposed local law should assist the Town, and potential applicants for Cottage Industries, in mitigating potential adverse impacts. Cottage Industries, if approved, may also have some beneficial economic impacts for the Town. C6. As in C5. C7. None are expected, since the proposed local law involves no direct physical development, and since any potential future applications for Cottage Industries would be subject to further environmental review. D. There are no CEA's(Critical Environmental Areas" )officially established in the Town. E. No public controversy is known or expected at the time of this review. PART III -DETERMINATION OF SIGNIFICANCE A negative determination of environmental significance is recommended, for reasons stated in Part II above. The proposed local law would set forth a classification for Cottage Industries, along with various provisions, which are expected to assist the Town and any prospective applicants in mitigating potential adverse impacts. r4 IA 12-2- I(a) _ PROPOSED LOCAL LAW NO. 1 -2000 A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ADD COTTAGE INDUSTRY TO COMMERCIAL ZONE "A" PERMITTED USES BY SPECIAL PERMIT,AND TO ADD THE DEFINITION OF COTTAGE INDUSTRY 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. Section 603, Subsection 2 (d) , "Uses permitted in a Commercial Zone "A"by Special Permit Only", is hereby amended by adding new Paragraphs (viii) and (ix) reading as follows: "(viii) Cottage industry. (ix) Cottage industry with accessory wholesale or retail sales of products produced at the cottage industry and similar products produced off-site, with or without outside display on the premises of any such products." In addition, the present Paragraph (viii) is hereby renumbered as (x). 2. Appendix I - Definitions, is hereby amended by adding a definition of Cottage Industry to read as follows: "COTTAGE INDUSTRY -A property or buildings where the primary use is art- or craft-oriented design, production or assembly, such as leatherworking, wood working, metal working, ceramics production, tailoring, and similar activities, employing not more than 5 persons, and where the combined building area is not larger than 3,000 square feet. Additional criteria for meeting the definition of a cottage industry are as follows: (a) Performance. It shall produce no offensive noise, vibration, smoke, dust, odor, heat, glare or electronic disturbance beyond the property it occupies. (b) Storage. It shall not entail the outdoor, unscreened storage of materials, equipment, or other items related to the industry. Such storage is considered screened if it is not visible from adjacent properties or public roadways. (c) Parking. No more than one commercial vehicle shall be in uncovered parking. All parking needs shall be met off-street, except that newly designated, constructed, or established standing or parking spaces within the street or road right-of-way for occasional standing, parking, or for pick-up or delivery of supplies and products may be permitted, as part _ of an approved site plan, and subject to the approval of the highway department or other authority having jurisdiction. (d) Signs. The provisions for advertising sign boards in Commercial Zones shall apply except as modified herein for Cottage Industry. Any signs on the property identifying the occupation shall not exceed 15 cumulative square feet in signboard area, except that the signboard area of a two-sided sign shall be based on the area of one side. Any such signs shall be non-flashing, and, if illuminated, shall have the lights shielded as much as practicable to direct the lights only at the signs. (e) Specifically excluded from the definition of cottage industry is the repair or assembly of vehicles or equipment with internal combustion engines, such as automobiles, motorcycles, snowmobiles, marine engines, lawn mowers, chain saws, and other small engines. Section 2. In the event that any portion of this law is declared invalid by a court of competent jurisdiction,the remaining portions shall not be affected by such declaration of invalidity. Section 3. This law shall take effect 5 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. 1.4-16.4(9195)—Text 12 PROJECT I.D. NUMBER 617.20 SEQR Appendix C State Environmental Duality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME 3. PROJECT LOCATION: Municipality 7 A rl b`1 County "FQvIA p k� 4. PRECISE LOCATION (Street address and road Intersections, prominent landmarks, etc., or provide snap) Mk—)n cf.DAnby I f !Y.t-1 17- 1 -43 / n 'CA.Ah 1N,A e. n 2O c.): Gl!A,f-c-i, pro ezf' � 2. 2 L/ / 9 5o,.+{,. A ek A v'Z' iiM\ (),'Ludo c2-1>, 5. IS PROPbSED ACTION: New ❑Expansion ❑Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: rcopcseJ z l� LNt rvt 2{•' f `^ 7. AMOUNT OF LAND AFFECTED: Initially o 2 "V- acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes ❑No If No, describe briefly RJ p.+.J P, a c ) ��,`w� A m 43.44 A 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? 14 Residential ❑Industrial ❑Commercial Agriculture gPark/Forest/Opon space ❑Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? TZYes ❑No M yes, list agency(s) and permit/approvals 1-1K 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes KtJo If yes, Ilst agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REOUIRE MODIFICATION? C7 Yes 0 N Al-4 I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor me: JO1,\.',L. V.1 ts1'ei Date: 2. `/z, co Signature: If the action Is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER • 1 • PART II—ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. ❑Yes L2�4o B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? II No,a negative declaration may a superseded by another involved agency. Yes ❑No C. OULO ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: ir‘k_9—At C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources;or community or neighborhood character? Explain briefly: \1 C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats,or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted,or a change in use or Intensity of use of land or other natural resources?Explain briefly. CS. Growth, subsequent development, or related activities likely to be Induced by the proposed action? Explain briefly. C6. Long term, short term, cumulative, or other effects not identified in C1•C5? Explain briefly. • '∎1 C7. Other impacts(Including changes in use of either quantity or type of energy)? Explain briefly. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? ❑Yes ❑No E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑Yes ❑No If Yes, explain briefly PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or.otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question 0 of Part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. • ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ❑ Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse a vironmental impacts AND provide on attachments as necessary, the reasons supporting this determination: (me_ me of Lead Agency _ Print or Type Name of Responsible Dulcet m Lead Agency Title of Responsible Oirrcer 6,2pvLa-, 2 f 22 Ol) Signature of Responsible Of ricer in Lead Agency Signature of Preparer(It drftrent from responsible orircerl Date 2 PART H-ENVIRONMENTAL ASSESSMENT-ATTACHMENT PROPOSED LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ESTABLISH A COMMERCIAL ZONE "A-1" (Also refer to Short Environmental Assessment Form Parts II and III) Cl. No significant adverse environmental impacts are expected with respect to these factors. As proposed, physical alterations to the grounds would include a new or upgraded sewage disposal system, upgrading of the existing driveway and parking areas, and the installation or upgrading of electrical and water supply systems. Traffic patterns are not expected to be significantly altered. The applicant proposes to conform to various regulations related to the type of cottage industry proposed, such as related to woodworking and furniture making processes and materials,and to the zone requirements for such use. As proposed, noise produced by woodworking machinery would be inside the building, would be occasional, and would occur during normal daytime hours. The approximate distances between the building and the four closest dwellings are 125 feet to the south, 225 feet to the southeast, and 160 feet to the east. C2. The present building on the premises is a former church of historic and architectural value.The applicants propose to paint and otherwise maintain the exterior surfaces of the building, as an initial step in the building renovation process. Interior alterations are proposed to conserve important historical and architectural features, while providing code-compliant features related to the conversion from church to cottage industry. C3. The proposed Commercial Zone"A"appears to abut Tompkins County Unique Natural Area UNA-188(West Danby Morainal Valley), is approximately 300 feet from a Federal Wetland,and 500 feet from the Lindsey-Parsons Biodiversity Preserve. No significant species or habitats are known on the site that would be adversely impacted. It is expected that the proposed new sewage disposal system would be adequately designed to minimize potential impacts to species, habitats, and water quality. C4. The establishment of a new Commercial Zone"A"at this property appears to be consistent with the Zoning Ordinance and 1989 Comprehensive Plan, as well as with other enunciated or implied plans or goals of the Town. The land use intensity of the Zone is expected to be in conformance with these policies, laws, plans and goals, and to be compatible with the character of the West Danby Hamlet neighborhood. C5. Growth potential, subsequent development and related activities appear to be within the environmental and neighborhood capacities of the site and neighborhood. C6. As in C5. In addition, the Zoning Ordinance provisions related to Cottage Industry are expected to control potential adverse long-term or short-term impacts. C7. Impacts related to energy use are not considered significant given the scale of the activity. D. There are no CEA's(Critical Environmental Areas)officially established in the Town. (Also refer to (C3) above. E. No public controversy is known or expected at the time of review. PART III - DETERMINATION OF SIGNIFICANCE A negative determination of environmental significance is recommended for this action, for reasons stated above in Part H. The proposed general plan for the new Commercial Zone"A" would entail little physical alteration of the property. The intensity of site activity appears to be within the capacity of the West Danby Hamlet, and zoning provisions for Cottage Industry would assist in maintaining compatibility with the neighborhood. z • OWN OF 1 P015 81 DRYDE• A. TOWN CF RHACA v: E andbank Road Ya s Road •i L. o' .� n t. C. o µe' \_ PD11�I' e' / p �\ wlcnr e` 1 8 °o ..J 3 n:t I - PD9 ,Q• Na . 8 , / L __ 1-)74F; a� o ,..../... Wend �.w ,.n.n rRa.q b■ At 2 I. 3 PDS� j 9.C� `' P014 a 1 7..'"' NOTES: W.J.nl.y 2x2 Rd. 1` {�„ -' u 1` / )�•..„-.�1. / $ In LD and MD Zones,areas ° v, •o. 1 82 PDi2J, / I LD w within 400 feet of the 1 .,LD• 3 � �/ centerline of roads °a. :J / I — depleted with a Solid line, Lim Road •.\ .—J /' r / as opposed to a Dashed ) - line, are areas where n s �..,t i�_�.. 1 mad ;71 ) it 6. reduction In Lot Size, w Han••Rd. ' 1 '\ ..I r-7.---. . Mr.r I ( / c 77 Yards, and/or Frontage •`�\, LD .•. D 11+ar, / / / 3q ` Is permitted per the sl u. ' \'' E �' .._--.- 'Ae,d"'-k ,)/ a'' terms of the Zoning•• o /. 1 I • MD D �-l...i._. / Ordinance Cum.rman _-Tread—• '•osr ' \, .j''' >. ' • 1" ---1-- ° �� Hit__Rood HO lee HD / PDIi�' Zy i `��4°o Helbw d1 r 1 I 3 /�, cs� ...�. i . L fr .i/• .0.• lkab e.A �, /• ,) 962 /S'' / 'A R'.- - \. ,; / 'R LD LD PD4 / I ' — -1 / LD / 9 \��J ./ ¢° Jennings I _ i ', / /'� ill �. 3 Pond \ / .�•L..�...1- — g p.1 ,...— L.J " Ore. ,,T �a� I .`I) 14 MD1 Ln Y a / ' . '\ 1 � Im •bI ■ / Ni / ...� \ 1 t=ci J �s / / Poz—j� J �se.Fl1 1., aA. �` / • .. / r \ I G• -:••••� H.i, Read 1 Mo'y l • —j L ' \ I Z J ��1�'1 a 1 I, 1 ■wdr r. E.. s• do.� ....-\ �`J Hit Road Tr VAN /' Ia, f ` L, w i u \ y a,89"\S Han • \ i- �`\ , \ T; ._.—. .—•—•—•->:= \\ \ a;/ I /1 ',..%. 1 1 ; - ,• '1 ' f(I 1 \ ' is r 1 .I e \ i `-1a LD I B1o> I ,1 I To A 1 i\ s LD k 1 a 1 P �i 8 t / P.I.Ia Roa01 9- p D '211_.1 �1 ) 1 Y� \�V 6 n 1 v g i I r (. / `�,„ft /. / John U 1 \. �' 1 '/ 4 -11- LL ( '/ - \asrs / I / �y/ ( yQ/ I / 2 / I ` / r I. ' / / I ZONING MAP F `,;/ l p013�., ` / O faro. Road \ y ,( APPROVED by TOWN BOARD December 11, 1991 -D / ‘I 1 ' i m rJ/ / Z Q J/./�,J m !/ I y( Town of Danby LD Low Density Residential Zone A Commercial Zone"A•' Tompkins County, New York MD Medium Density Residential Zone B Commercial Zone"B" 57117..,,er Caney '1` '"-�-- HD High Density Residential Zone C Commercial Zone•'C•' SCALE IN FM: 0 1000 2000 3000 0000 NORTH PD Planned Development Zone MH Mobile Home Park Zone 0 = Ge n e-1--(k_( c c,ii 0-In J Grp Pose c�. Cam, V1AS2-r C ICJ, 2-D rL1_, "A - i i. , I...I....r-r -.• 2. P 86 Ac , -A ,;'':::::'` ,- 1.69 Ac ; ..- 8.12 Ac !:cl ...-\ 622s in m 424s 8.70 I- _... ..r. 4.. ■ ' - . O 15.33 . Ln . m . 1 4 1.73 Ac . va ------ 5.19 Ac C 424s 2785 207s . P 10 . 12 ' ..-....; 3 - - 1.32 Ac C ,--, - 1.00 Ac C3 wi. 3 .... 2 5 -.. 518 s LE 7 7 s 71 S o Mg s 154 s ,., . 2,... 863 196 s 15's c., m S 0 u) X , 08 Ac - 1 104 s 91 s 27 - ,:,* 9.2 , 15.2 Eir- . c., 3.27 ACC .N s 15.32 '1 siZI e pp • • v i6 z 12.47 ACC ‘a2 s 118sZ: ' 1rX 91s t i ''• ."; 1113 F.'n -... , tr 24 r n ell- \ 1.93 Ac Ci) ,c6 5 17 ,":" 0 / P ...'' co 6 11)5 5 ° '47 57.2 24 .. ,... 0.N'''' .4 -;.t. gc:;i 6 Nr ■.... •f6.4 . , • ■•• 12 'Cs. , 21c; 5, 20 .-t- 4fire • 33A \., - . .. e o• 7.11'9# T, %.,.... ..., 464. -N N9 9 2.78 Ac C FL-L. 236 s 97 s s o le I'd. •4 91.SS 1065 1 # .P 341I 42_ 9. 4 c?, ,-”3.-, .5. ... ss 0, 3., ,•,;„,(,?, 0 53 ire t, ,,., 55 4 1 21 Ac CP 24.d ' 1 :E. ,..> 9 as 975 'Z5 1.47 AGO sc,s ,,is 4 176s 258s 1: -E. 47 4" 2 .% c=1 '16 27,s •• 123 0, .1 s , ..... r "s 44.1 77 s '42i -. 4 S • C 52 • .1 • .,-, 4/‘ 1111111 --■ - 49 1 8 ... 7:; . 11 • Lr 222s T., tifi 174 5 I. 50 ' ...) 4jj% 61 •4 ,% 3.29 Ac C 367 s - dillk it ' EI -T7 Jo CI- 316 C". "A ... I 1 I Co m m a tz-4.t AK- -zo t4 g t.6...4111I _. . ,, "TA)C MA-19 ly---/ „ • c.4t le_ 1 '1= " Z' D ' 847 32 C ..:.I �� )112/61 Q,Qh,,, PROPOSED RESOLUTION NO. OF FEBRUARY 28,2000 CONSIDER RECOMMENDATION TO TOWN BOARD-PROPOSED :.:1' • D MENT• TO ZONING ORDINANCE TO ESTABLISH A COMMERCIAL ZO "A-1" WHEREAS, this action is the Consideration of a Recommendation to the Town Board of the Town of Danby with respect to the proposed Amendment of the Town of Danby Zoning Ordinance, which amendment woul establish a new Commercial Zone"A-1",consisting of Town of Danby Tax Parcel No. 17.-1-48, located on the west side of N.Y.S. Route 34/96 south of Maple Avenue and Valley View Road,being also known as the(present or former) West Danby Methodist Church building property, presently located in an High Density Residential Zone, and presently proposed for use as"Cottage Industry", subject to Special Permit; and WHEREAS,the matter is an Unlisted Action for which the Town Board of the Town of Danby is acting as Lead Agency for environmental review, and for which the Planning Board of the Town of Danby and the Tompkins County Planning Department are involved agencies,with the Planning Board to act as Lead Agency in the event that the Zone is established by the Town Board; and 2 iy1 iWHEREAS,the Tompkins County Planning Department has been notified of this action for ' V purposes of review under General Municipal Law 239-m; and WHEREAS,the Planning Board has, at and following public hearing on February 28, 2000 has reviewed the proposed local law related to this action, and the Short Environmental Assessment Form with the recommended review by the Code Enforcement Officer that a negative determination of environmental significance be made for this action; NOW,THEREFORE,IT IS RESOLVED,that the Planning Board of the Town of Danby recommends to the Town of Danby Town Board that a negative determination of environmental significance be made for this action; and it is JFURTHER RESOLVED,that the Planning Board recommends to the Town Board that a Local Law to Amend the Zoning Ordinance tostablish a Commercial Zone"A-1"at the subject premises be adopted, with such proposed Local Law recommended to read as follows: atu p Uj C / ,in V7 40 ONI ' ' Ot°' (-)KtP PROPOSED LOCAL LAW NO. 2 -2000 A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ESTABLISH A COMMERCIAL ZONE "A-1" 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. Town of Danby Commercial Zone "A-1" is hereby established, and shall be comprised of Town of Danby Tax Parcel No. 17.-1-48, located on the west side of N.Y.S. Route 34/96 south of Maple Avenue, being also known (now or formerly) as the West • Danby Methodist Church building property, as shown on a map entitled"General Plan for Proposed Commercial Zone, John Kingsley Furniture, located on the former West Danby Methodist Church Building Property, Tax Map#17.-1-48," drawn by John Kingsley, dated February 22, 2000, which map is referenced as the general site plan herein. 2. The area described in Schedule A attached is hereby rezoned from High Density Residential Zone to Commercial Zone "A-1". 3. The Zoning Map of the Town of Danby, and the Supplement to the Zoning Map, are hereby amended to show the location and boundaries of Commercial Zone "A-1" as set forth in this local law. 4. Commercial Zone "A-1" shall be subject to the following provisions, notwithstanding any other pertinent zoning requirements: a. PERMITTED PRINCIPAL USES. All permitted principal uses that are explicitly permitted in High Density Residential Zones without requiring a Special Permit are explicitly permitted. b. PERMITTED USES BY SPECIAL PERMIT ONLY. The following uses are permitted upon approval of the site plan and issuance of a Special Permit by the Planning Board. (i) Those uses permitted by Special Permit in a High Density Residential Zone. (ii) Cottage Industry. (iii) Cottage Industry with accessory wholesale or retail sales of products produced at the cottage industry and similar products produced off-site, with or without outside display on the premises of any such products. c. PERMITTED ACCESSORY USES. Accessory uses shall be limited to those accessory uses permitted in a Commercial Zone. d. OTHER PROVISIONS. The other provisions set forth for all commercial zones shall apply, except as such provisions may be modified by the Special Permit provisions for cottage industries. 5. Where there is a conflict on a specific matter between the provisions of "Section 603 - Commercial Target Area" and the provisions of this local law, the provisions of this local law shall govern. Section 2. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the remaining portions shall not be affected by such declaration of invalidity. Section 3. This law shall take effect 5 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 High Density Residential Zone to Commercial Zone A-1: (Zone consists of Town of Danby Tax Parcel No. 17.-1-48, and includes the area in the N.Y.S. Rte. 34/96 right of way directly abutting this Parcel to the east, to the centerline of this right of way. A full description is pending a final survey map.) 'I BARNEY, GROSSMAN, DUBOW & MARCUS ATTORNEYS AT LAW SENECA BUILDING WEST JOHN C. BARNEY PETER G. GROSSMAN SUITE 400 FACSIMILE DAVID A. DUBOW 119 EAST SENECA STREET (607) 272-8806 RANDALL B. MARCUS ITHACA, NEW YORK 14850 (NOT FOR SERVICE OF PAPERS) WILLIAM J. TROY III JONATHAN A. ORKIN (607) 273-6841 June 12, 2000 Carol W. Sczepanski, Town Clerk Town of Danby 1830 Danby Road Ithaca,New York 14850 Re: Notice of Adoption Dear Carol: As you can see, I went ahead and certified and forwarded the four Local Laws to the Secretary of State's office. However, in reviewing the matter I am a little concerned regarding the publication for Local Law No. 2 in that the Schedule A attached to that publication does not quite accurately reflect what was adopted. Accordingly, I have prepared and enclose a suggested amendatory notice which I would request having published so as to minimize any question with regard to the adoption of the Local Law. If you have any questions, give me a call. Otherwise we would appreciate your submit- ting it to the Ithaca Journal and forwarding to me a copy when it has been published. With best regards. Sincerely yours, JCB:sls Enclosure • 14.16.4 (9195) Text 12 PROJECT I.D. NUMBER 617.20 SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME (el3. PROJECT LOCATION: T Municipality bl County TOA4 p,KLA CI 4. PRECISE LOCATION (Street address and road Intersections, prominent landmarks, etc.,or provide ap) n y r UAnby ► X t�A!Z.tl 17- I -4/8 fi r? c - w ivnej-e,wv,St cIAL".(... 17 cb�'�t' i 2. 3.-/ / 1 !� Si� ��' rvlAf& Acv 5. IS PRO SED ACTION: cl New ❑Expansion ❑Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: ) Cor (%Gti str-7 7. AMOUNT OF LAND AFFECTED: Initially i 26117- acres Ultimately acres B. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes ❑No II No, describe briefly 9. WHAT IS PRESENT USE IN VICINITY OF PR EC ,i 1`� A W144.[4(LA k Nil Residential ❑Industrial ❑Commercial Agriculture 'Park/Forest/Open space ❑Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL STATE OR LOCAL)? 14 Yes ❑No H yes, list agency(s) and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes -Jo If yes, list agency name and permll/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes E]No AJ4 I CERTIFY THAT TH E INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor me: "'�� \k1 AtSi Date: `22' co Signature: "'IL lira IA—A °P'• If the action Is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER • 1 PART II—ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? • If yes. coordinate the review process and use the FULL EAF. ❑Yes LJS,f�o 8. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration may e superseded by another involved agency. 'gyp Yes ❑No C. CCC ODULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quality or quantity, noise levels. existing traffic patterns, solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources;or community or neighborhood character? Explain briefly: \1 C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: \ C4. A community's existing plans or goals as officially adopted,or a change in use or Intensity of use of land or other natural resources?Explain briefly. Ptl C5. Growth, subsequent development, or related activities likely to be Induced by the proposed action? Explain briefly. C6. Long term, short term, cumulative, or other effects not identified in C1-05? Explain briefly. • • `■ C7. Other impacts (Including changes in use of either quantity or type of energy)? Explain briefly. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? ❑Yes ❑No E. IS THERE, OR IS THERE LIKELY TO 8E, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑Yes ❑No If Yes, explain briefly PART Ill—DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or-otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. • ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ❑ Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse a vironmental impacts AND provide on attachments as necessary, the reasons supporting this determination: �s{� -l-t;( yy`a., rJamr of lead nyency }' W r vT WI G in 6NA.1 y\ r?Y Pant or Type Name of Responsible Oitrccr in Lead Agency Title of Responsible Oiticer 21224 0 Signature of Responsible Othcer rn LeJd Agency Signature of Preparer(Ii different from responsible oiiicer) • • Date 7 PART II-ENVIRONMENTAL ASSESSMENT-ATTACHMENT PROPOSED LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ESTABLISH A COMMERCIAL ZONE "A-1" (Also refer to Short Environmental Assessment Form Parts H and III) Cl. No significant adverse environmental impacts are expected with respect to these factors. As proposed, physical alterations to the grounds would include a new or upgraded sewage disposal system, upgrading of the existing driveway and parking areas, and the installation or upgrading of electrical and water supply systems. Traffic patterns are not expected to be significantly altered. The applicant proposes to conform to various regulations related to the type of cottage industry proposed, such as related to woodworking and furniture making processes and materials, and to the zone requirements for such use. As proposed , noise produced by woodworking machinery would be inside the building,would be occasional, and would occur during normal daytime hours. The approximate distances between the building and the four closest dwellings are 125 feet to the south, 225 feet to the southeast,and 160 feet to the east. C2. The present building on the premises is a former church of historic and architectural value. The applicants propose to paint and otherwise maintain the exterior surfaces of the building,as an initial step in the building renovation process. Interior alterations are proposed to conserve important historical and architectural features, while providing code-compliant features related to the conversion from church to cottage industry. C3. The proposed Commercial Zone"A"appears to abut Tompkins County Unique Natural Area UNA-188(West Danby Morainal Valley), is approximately 300 feet from a Federal Wetland,and 500 feet from the Lindsey-Parsons Biodiversity Preserve. No significant species or habitats are known on the site that would be adversely impacted. It is expected that the proposed new sewage disposal system would be adequately designed to minimize potential impacts to species, habitats, and water quality. C4. The establishment of a new Commercial Zone"A"at this property appears to be consistent with the Zoning Ordinance and 1989 Comprehensive Plan, as well as with other enunciated or implied plans or goals of the Town. The land use intensity of the Zone is expected to be in conformance with these policies, laws, plans and goals, and to be compatible with the character of the West Danby Hamlet neighborhood. C5. Growth potential, subsequent development and related activities appear to be within the environmental and neighborhood capacities of the site and neighborhood. C6. As in C5. In addition,the Zoning Ordinance provisions related to Cottage Industry are expected to control potential adverse long-term or short-term impacts. C7. Impacts related to energy use are not considered significant given the scale of the activity. D. There are no CEA's(Critical Environmental Areas)officially established in the Town. (Also refer to (C3)above. E. No public controversy is known or expected at the time of review. PART III-DETERMINATION OF SIGNIFICANCE A negative determination of environmental significance is recommended for this action, for reasons stated above in Part II. The proposed general plan for the new Commercial Zone"A" would entail little physical alteration of the property. The intensity of site activity appears to be within the capacity of the West Danby Hamlet, and zoning provisions for Cottage Industry would assist in maintaining compatibility with the neighborhood. ar&4l Z �Z2( 00 -%15) w { OwN OF i PD15 81 DRYDE TOWN OF m1ACA I a\ndennk Road Ya E Road L. b . (1 °0 C'P• \Q .a ' •0 1 J 1\ 2 -. e 1 8 L 'b, N._. ` �1 y Rena Mow .amen 4100 °•y i k1 e S D9.c, .. P014 a /r'`- NOTES: 4 W..Nnry HO Rd. , 8 PDSC1�_ /' ._! X 1l I " / 1.l u In LO and MO Zones,areas o m`I i B2 r' - • LD within 400 feet of the•Rood PD12/ / �,+1 .'LD •_r__.__-,' ' centerline of roads a � ( depleted with a Solid line. Laren Read , / as opposed to a Dashed East line, are areas where s ? �1\ 14....... � 1Lelw �,d p reduction In Lot Size, ( / Yards, and/or Frontage Hanop Rd. 1 \ Merl Aea i a: �'.�...� - 9 1�. Lp „Qy{p�„, i / / `a ?q''. Is permitted per the 1 \ o - L' ._-.J��-...y ,�/ ° terms of the Zoning ° /, f 3 ` •.'I...i.......� ! Ordinance. ° �` / J64 / } aid/ ,./ Hat Read HD se� HO \-..J/PDi J _ 11 .b4 d'f 1 PDto \ �' G 1 ; P137y 'g, \S Z a\ 1 is MD -�c4 �...�.._ ..'/, °0° tiob Rood , . /• a'Is vea / / " Rd_ J"I a, �q..<,..„.. JA,LD lLD a PD4 / I ' - /• LD ` /,/ kT ob Jennlnps f - -' ,." 1 / /, ° Pond a ....— IP03 • r \ /' ( \ / f't.�_7\ - I I i \ 4. D �; a 1...� r ° MD C Y a / / ' \ or lo,w. s R Jf C1 � / �.� 1 i3 i \ / J 1 PD2' ) t 1 • Hair nem t MD7�'a9ePrr�a ? -i %11, i L_.,/ ,x TT—.........01_ _ 1 -' VA. Ilj7" l MD 1 �, \` l�e . wda • is' \ / ( Hil Road ,rewx i.oe 'trim _._.J ..4__ ,.. /1 • 1 s° y in- I u. /n/ m ,.4( 1 /J � ' ¢ ' \I1e %I \ ) -ln LD i i Sa B10 1 1/�V// )1- N Iaj ¢ I I NalAngl "1 LD i �L 1 ,� r� _ 1 7 ,9 I . �,8 ) !I 1 1 es • ii -1 `1 1 �. 1 ,- , HiLA John I_ (" 1 I \C4'/, J g —, _- �� / / ./ yv/ I ! o 1 / 1 ` / ` '1 / /e� l i ZONING MAP F / i,;;/ PD13�` 2 Lam Road 1 APPROVED by TOWN BOARD o \ ; ,r j r December 11, 1991 n / `1 I ' m m 2 1 r� ,e /AnK 9 D 1 /C•ad Saspna Clerk rI 1' Town of Danby LD Low Density Residential Zone A Commercial Zone"A" Tompkins County. 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Pt+ASE -_ o BE C_ovr\+PL-7- OCT' CS- /2600 Ile-C6-s.S t.�fi �Ta-x--/d,2._ /°,i.,/�i1/, — /!�S'2 '-,j-7 e/L,O/n(C7 CO-7-7 ox C. Tin/ /17/ 17. / c 1/r7R7/r."7-/CC_ . '4SL. - O EC-7 I rJ F 4 L . 2,000 - C077-7 X;a. //4C-Le. . 7-7e / /k: &"--(,>/) . 3C2Df-1 C 9Z)E .eC iPG'/, /77 r L e c 777A 1/,T . �,U/74/,/f7 . 7/131/51.- e _ZZT- s e- i/.,/ /4S 2-7/nF//77, /l/e 7 /r7 - �/✓s-7 c C°77C /7/ .9 te,t f/ ?e/GEC /S7'/ _ ZeC/7 ./A //74E-cl- t tom" 6'C/c f.3 /C'97-ao o✓ /mss oSt-e 8. . 6-7-7e7 /5- !I//l< ��C - P-€/ 7� �fj�S�7��-fc77aI c' � Coa,/77 Nu - t4,1 .c 0>/ /917i°.ePoi°•e/ �,e)/L 65W--FG/� &97,e ���T. TOMPKINS COUNTY- DEPARTMENT OF HEALTH DIVISION OF ENVIRONMENTAL HEALTH A i,.✓, ;j 'k r March 2, 2000 401.Harris;B. Dates Drive Ithaca,New_York-14850-1385 607),274-6688 Ms. Susan Beeners,CEO Town of Dandy 1830 Danby Road Ithaca, N.Y. 14850 Re: 2358 Rte 43/96 (T)Danby Tax Map # 17-1-48 Dear Ms. Beeners: On February 16, 2000, Mr.John Kingsley contacted our office concerning the above referenced property. According to Mr. Kingsley the building on the property is not hooked to municipal water or any water source. It appears as if there may have never been water hook up to the building or a well on the lot. A chemical toilet had previously been used. Mr. Kingsley plans to use the building as a woodworking workshop. His current plans include not to hook up to any water source and use a chemical toilet. He said it would not be necessary to have water hookup for his woodworking workshop. In the future (possibly years) he plans to install a sewage system and hook up to municipal water. Currently he has submitted an application for a sewage system construction permit to our office with his future intentions. As long as water doesn't enter the building and a chemical toilet is used we do not require a sewage system costruction permit. We will hold Mr. Kingsley's application for a sewage system construction permit on file and when he will be ready to hook into the municipal water system he will have to have soil tests conducted by our office, obtain a sewage system construction permit and install a (replacement)•sewage system prior to hooking up to the municipal water system. This is with the understanding that Mr. Kingsley's future plans remain relatively the same as he indicated on his application for a sewage system construction permit. This letter is for your records. If you have any questions please contact me at 274-6688. Thank you. Sincerely, G. • Janice Koski Public Health Technician pc: Mr. John Kingsley Mr. Richard Ewald TCHD �«� Recycled paper