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HomeMy WebLinkAboutLL 1992 #1 Est. Zoning Board of Appeals z ADOPTED AUGUST 10, 1992 LOCAL LAW 111 OF 1992 TOWN OF DANBY PLEASE TAKE NOTICE that the Town Board of the Town of Danby at its regular meeting held on Monday August 101 1992 adopted the following Local Law #1 of 1992 . LOCAL LAW NO . 1 OF 1992 A LOCAL LAW AMENDING THE ZONING ORDINANCE REGARDING THE BOARD OF APPEALS Be it enacted by the Town Board of the Town of Danby a local law to be entitled "A LOCAL LAW AMENDING THE ZONING ORDINANCE REGARDING THE BOARD OF APPEALS" as follows : Section 1 . The Zoning Ordinance of the Town of Danby adopted December 11 , 1991 , be and the same hereby is amended as set forth in the following sections : Section 2 . Section 1104 - Board of Appeals , and Section 1105 - Variances , are amended to read as follows : "Section 1104 - BOARD OF APPEALS , There is hereby established a Board of Appeals which shall function in a manner prescribed by Sections 267 , 267-a , 267-b, and 267-c of Article 16 of the Town Law of the State of New York except as the same are superseded by the provisions below. 1 . BOARD MEMBERS . There shall be five members of the Board of Appeals . The members of the Board of Appeals shall he residents of the TQwn of Danby and shall be appointed by the Town Board to serve for terms as prescribed by law . No person who is a member of the Town Board shall be eligible for membership on the Board of Appeals . 2 . OFFICERS . The Town J3oard shall designate the Chairperson of the Board of Appeals . The Board of Appeals shall choose a Vice Chairperson , who shall preside in the absence of the Chairperson . In the absence of both the Chairperson and Vice Chairperson , the Board of Appeals shall choose one of its members as Acting Chairperson . Such Chairperson , or Acting Chairperson , may administer oaths and compel the attendance of witnesses . The Board of Appeals shall appoint a Secretary who shall take minutes of all its meetings and keep its records . Said Secretary need not be a member of the Board . 3 . RULES AND REGULATIONS . The Board of Appeals shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this ordinance and all its resolutions and orders shall be in accordance therewith . 1 .f t .. 4 . APPEALS TO THE BOARD. Aby * person aggrieved by any decision of any officer of the Town charged with enforcement of this ordinance may take an appeal to the Board of Appeals . The Board oft Appeals shall, in • accordance with the provisions contained in this Ordinance , and in accordance with the provisions of Town Law Sections 267 et . seq_. ( except as the same are superseded by the provisions of this Ordinance ) , hear and determine appeals from any refusal of a building permit or certificate of occupancy by the person designated by the Town Board, or review any order or decision of said person where such order or decision is based upon the requirements of this ordinance . Such Board shall also hear and determine any other matter • referred to it by the provisions of this Ordinance or any other law, regulation or resolution . Section 1105 - VARIANCES . The Board of Appeals , on appeal from the decision or determination of the Code Enforcement Officer, shall have the power to grant use and area variances. ( as the same are defined in Town Law Section 267 ) . 1 . AREA VARIANCES . In addition to any other requirements set forth in this Ordinance , the Board of Appeals , in determining whether to grant an area variance shall consider all of the matters set forth in Town Law, Section 267-b including specifically the considerations set forth in Section 267-b 3 ( b ) and (c ) . 2 .. USE VARIANCES . . • ( a ) In addition to any other requirements set forth in this Ordinance , no use variance shall be granted unless the applicant shall show that applicable zoning regulations have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the Board of Appeals that ( i ) Under applicable zoning regulations the applicant can not obtain a reasonable economic return from the property in question , which insufficient return must be established by competent financial evidence; ( ii ) The alleged hardship relating to the property in question is unique , and does not apply to a substantial portion of the district or neighborhood; 2 • I O W ii ui Oanuy Local Law #1 of 1992 ( iii ) The requested use variance, if granted, will ndt alter the -essential character of the neighborhood; and ( iv ) The alleged hardship has not been self-created. ( b ) The foregoing criteria are intended to supersede , in accordance with Municipal Home Rule Law Section 10 1 ( ii') d ( 3 ) , the criteria for granting use variances set forth in Town Law Section 267-b 2 ( b) and in particular the requirement that to obtain a use variance the applicant must demonstrate that the applicant is deprived of all economic use or benefit from the property . ( c ) All other criteria and provisions contained in Town Law • Sections 267 et . seq . , , except the requirement that the applicant demonstrate that the applicant is deprived of all economic use or benefit from property, are applicable to use variances in the Town of Danby. 3 . CONDITIONS . The Board of Appeals , shall in the granting of both use variances and area variances , have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property, or the period of time such variance shall be in effect . Such conditions shall be consistent with the spirit and intent of this Ordinance and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community. " Section 3 . If any provisign of this local law is found to be invalid by any court of competent jurisdiction , such invalidity shall not affect any other provisions of this local law. section 4 . This local law shall take effect upon its publication as required by law. By Order of the Town Board Carol W. Sczepanski , Town Clerk Dated : August 12 , 1992 Publish : August 14 , 1992 LL-1 . 92 ,. 3 ADOPTED AUGUST 10, 1992 • • LOCAL LAW #1 OF 1992 TOWN OF DANBY PLEASE TAKE NOTICE that the Town Board of the Town of Danby at its regular meeting held on Monday August 10' 1992 adopted the following Local Law #1 of 1992 . LOCAL LAW NO . 1 OF 1992 A LOCAL LAW AMENDING THE ZONING ORDINANCE REGARDING THE BOARD OF APPEALS Be it enacted by the Town Board of the Town of Danby a local law to be entitled "A LOCAL LAW AMENDING THE ZONING ORDINANCE REGARDING THE BOARD OF APPEALS" as follows : Section 1 . The Zoning Ordinance of the Town of Danby adopted December 11 , 1991 , be and the same hereby is amended as set forth in the following sections : Section 2 . Section 1104 - Board of Appeals , and Section 1105 - Variances , are amended to read as follows : "Section 1104 - BOARD OF APPEALS , There is hereby established a Board of Appeals which shall function in a manner prescribed by Sections 267 , 267-a , 267-b, and 267-c of Article 16 of the Town Law of the State of New York except as the same are superseded by the provisions below . 1 . BOARD MEMBERS . There shall be five members of the Board of Appeals . The members of the Board of Appeals shall he residents of the Town of Danby and shall be appointed by the Town Board to serve for terms as prescribed by law. No person who is a member of the Town Board shall be eligible for membership on the Board of Appeals . 2 . OFFICERS . The Town aoard shall designate the Chairperson of the Board of Appeals . The Board of Appeals shall choose a Vice Chairperson , who shall preside in the absence of the Chairperson . In the absence of both the Chairperson and Vice Chairperson , the Board of Appeals shall choose one of its members as Acting Chairperson . Such Chairperson , or Acting Chairperson , may administer . oaths and compel the attendance of witnesses . The Board of Appeals shall appoint a Secretary who shall take minutes of all its meetings and keep its records . Said Secretary need not be a member of the Board. 3 . RULES AND REGULATIONS . The Board of Appeals shall adopt • from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this ordinance and all its resolutions and orders shall be in accordance therewith . 1 APPEALS TO THE BOARD. A'ny person aggrieved by any decision of any officer of the Town charged with enforcement of this ordinance may take an appeal to the • Board of Appeals . The Board ofi Appeals shall, in accordance with the provisions contained in this Ordinance , and in accordance with the provisions of Town Law Sections 267 et . seq_. ( except as the same are superseded by the provisions of this Ordinance ) , hear and determine appeals from any refusal of a building permit or certificate of occupancy by the person designated by the Town Board, or review any order or decision of said person where such order or decision is based upon the requirements of this ordinance . Such Board shall also hear and determine any other matter referred to it by the 'provisions of this Ordinance or any other law, regulation or resolution . Section 1105 - VARIANCES . The Board of Appeals , on appeal from the decision or determination of the Code Enforcement Officer , shall have the power to grant use and area variances. ( as the same are defined in Town Law Section 267 ) . 1 . AREA VARIANCES . In addition to any other requirements set forth in this Ordinance , the Board of Appeals , in determining whether to grant an area variance shall consider all of the matters set forth in Town Law, Section 267-b including specifically the considerations set forth in Section 267-b 3 ( b ) and ( c ) . 2 . USE VARIANCES . • ( a ) In addition to any other requirements set forth in this Ordinance , no use variance shall be granted unless the applicant shall show that applicable zoning regulations have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the Board of Appeals that ( i ) Under applicable zoning regulations the applicant can not obtain a reasonable economic return from the property in question , which insufficient return must be established by competent financial evidence; ( ii ) The alleged hardship relating to the property in question is unique , and does not apply to a substantial portion of the district or neighborhood; 2 low!' of Ui nun Local Law #1 of 1992 . . ( iii ) The requested use variance, if granted, will ndt alter the .essential character of the neighborhood; and ( iv ) The alleged hardship has not been self-created. ( b ) The foregoing criteria are intended to supersede , in accordance with Municipal Home Rule Law Section 10 1 ( ii ) d ( 3 ) , .the criteria for granting use variances set forth in Town Law Section 267-b 2 (b) and in particular the requirement that to obtain a use variance the applicant must demonstrate that the applicant is deprived of all economic use or benefit from the property . ( c ) All other criteria and provisions contained in Town Law Sections 267 et . seq. , , except the requirement that the applicant demonstrate that the applicant is deprived of all economic use or benefit from property, are applicable to use variances in the Town of Danby. 3 . CONDITIONS . The Board of Appeals , shall in the granting of both use variances and area variances , have the authority to impose such p � reasonable conditions bons and restrictions as are directly related to and incidental to the proposed use of the property, or the period of time such variance shall be in effect . Such conditions shall be consistent with the spirit and intent of this Ordinance and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community. " Section 3 . If any provisign of this local law is found to be invalid by any court of competent jurisdiction , such invalidity shall not affect any other provisions of this local law. Section 4 . This local law shall take effect upon its publication as required by law. By Order of the Town Board Carol W. Sczepanski , Town Clerk • Dated : August 12 , 1992 Publish : August 14 , 1992 LL-1 . 92 3 ADOPTED AUGUST 10, 1992 • 1 LOCAL LAW #1 OF 1992 TOWN OF DANBY PLEASE TAKE NOTICE that the Town Board of the Town of Danby at its regular meeting held on Monday August 10, 1992 adopted the following Local Law #1 of 1992 . LOCAL LAW NO. 1 OF 1992 A LOCAL LAW AMENDING THE ZONING ORDINANCE REGARDING THE BOARD OF APPEALS Be it enacted by the Town Board of the Town of Danby a local law to be entitled "A LOCAL LAW AMENDING THE ZONING ORDINANCE REGARDING THE BOARD OF APPEALS" as follows : Section 1 . The Zoning Ordinance of the Town of Danby adopted December 11 , 1991 , be and the same hereby is amended as set forth in the following sections: Section 2 . Section 1104 - Board of Appeals, and Section 1105 - Variances, are amended to read as follows: "Section 1104 - BOARD OF APPEALS. There is hereby established a Board of Appeals which shall function in a manner prescribed by Sections 267 , 267-a, 267-b, and 267-c of Article 16 of the Town Law of the State of New York except as the same are superseded by the provisions below. 1 . BOARD MEMBERS. . There shall be five members of the Board of Appeals. The members of the Board of Appeals shall be residents of the Town of Danby and shall be appointed by the Town Board to serve for terms as prescribed by law. No person who is a member of the Town Board shall be eligible for membership on the Board of Appeals. 2 . OFFICERS. The Town Board shall designate the Chairperson of the Board of Appeals. The Board of Appeals shall choose a Vice Chairperson, who shall preside in the absence of the Chairperson. In the absence of both the Chairperson and Vice Chairperson, the Board of Appeals shall choose one of its members as Acting Chairperson. Such Chairperson, or Acting Chairperson, may administer oaths and compel the attendance of witnesses . The Board of Appeals shall appoint a Secretary who shall take minutes of all its meetings and keep its records. Said Secretary need not be a member of the Board. 3 . RULES AND REGULATIONS. The Board of Appeals shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this ordinance and all its resolutions and orders shall be, in accordance therewith. 1 Town of Danby Law. # 1 of 1992 ri 4 . APPEALS TO THE BOARD. Any person aggrieved by any decision of any officer of the Town charged with enforcement of this ordinance may take an appeal to the Board of Appeals . The Board of Appeals shall , in • accordance with the provisions contained in this Ordinance, and in accordance with the provisions of Town Law Sections 267 et . seq. (except as the same are superseded by the provisions of this Ordinance) , hear and determine appeals from any refusal of a building permit or certificate of occupancy by the person designated by the Town Board, or review any order or decision of said person where such order or decision is based upon the requirements of this ordinance. Such Board shall also hear and determine any other matter referred to it by the provisions of this Ordinance or any other law, regulation or resolution. Section 1105 - VARIANCES. The Board of Appeals, on •appeal from the decision or determination of the Code Enforcement Officer, shall have the power to grant use and area variances (as the same are defined in Town Law Section 267 ) . . 1 . AREA VARIANCES. In addition to any other requirements set forth in this Ordinance, the Board of Appeals, in determining whether to grant an area variance shall consider all of the matters set forth in Town Law, Section 267-b including specifically the considerations set forth in Section 267-b 3 (b) and (c) . 2 . USE VARIANCES. (a ) In addition to any other requirements set forth in this Ordinance, no use variance shall be granted unless the applicant shall show that applicable zoning regulations have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the Board of Appeals that ( i) Under applicable zoning regulations the applicant can not obtain a reasonable economic return from the property in question, which insufficient return must be established by competent financial evidence; ( ii ) The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; 2 . Town of Danby Local Law #1 of 1992 ( iii) The requested use variance, if granted, will not alter the essential character of the neighborhood; and ( iv) The alleged hardship has not been self-created. (b) The foregoing criteria are intended to supersede, in - accordance with Municipal Home Rule Law Section 10 1 ( ii) d ( 3 ) , the criteria for granting use variances set forth in Town Law Section 267-b 2 (b) and in particular the requirement that to obtain a use variance the applicant must demonstrate that the applicant is deprived of all economic use or benefit from the property. . (c ) All other criteria and provisions contained in Town Law Sections 267 et. seq. , except the requirement that the applicant demonstrate that the applicant is deprived of all economic use or benefit from property, are applicable to use variances in the Town of Danby. 3 . CONDITIONS. The Board of Appeals, shall in the granting of both use variances and area variances , have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property, or the period of time such variance shall be in effect. Such conditions shall be consistent with the spirit and intent of this Ordinance and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community. " Section 3 . If any provision of this local law is found to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law. Section 4 . This local law shall take effect upon its publication as required by law. By Order of the Town Board Carol W. Sczepanski, Town Clerk Dated: August 12, 1992 • Publish: August 14 , 1992 LL-1 . 92 3 cxt Lit I3■■ SIIUUIU .tS.11111 IIUCU. LJV IIUI IIICIUUC IliattCl • eliminated and do not use italics or underlining to indicate neH matter. • • eItX DANBY Town of Mibm Local Law No. 1 of the year 19 9.2 A local la AMENDING THE ZONING ORDINANCE REGARDING THE BOARD OF APPEALS (Insert title) Be it enacted by the TOWN OF DANBY TOWN BOARD of the (Name of Lepislatite Both) Count) Town Of TOMPKINS as follo%■s: ToNn Mktmx Section 1 . The Zoning Ordinance of the Town of Danby adopted December 11 , 1991 , be and the same hereby is amended as set forth in the following sections : Section 2 . Section 1104 - Board of Appeals, and Section 1105 - Variances, are amended to read as follows : "Section 1104 - BOARD OF APPEALS . There is hereby established a Board of Appeals which shall function in a manner prescribed by Sections 267 , 267-a, 267-b, and 267-c of Article 16 of the Town Law of the State of New York except as the same are superseded by the provisions below. 1 . BOARD MEMBERS . There shall be five members of the Board of Appeals. The members of the Board of Appeals shall be residents of the Town of Danby and shall be appointed by the Town Board to serve for terms as prescribed by law. No person who is a member of the Town Board shall be eligible for membership on the Board of Appeals. 2 . OFFICERS . The Town Board shall designate the Chairperson of the Board of Appeals. The Board of Appeals shall choose a Vice Chairperson, who shall preside in the absence of the Chairperson. In the absence of both the Chairperson and Vice Chairperson, the Board of Appeals shall choose one of its members as Acting Chairperson. Such Chairperson, or Acting Chairperson, may administer oaths and compel the attendance of witnesses . The Board of Appeals shall appoint a Secretary who shall take . minutes of all its meetings and keep its records . Said Secretary need not be a member of the Board. 3 . RULES AND REGULATIONS. The Board of Appeals shall adopt from time to time such rules and regulations as "it may deem necessary to carry into effect the provisions of this ordinance and all its resolutions and orders shall be in accordance therewith. 4 . APPEALS TO THE BOARD. Any person aggrieved by any decision of any officer of the Town charged with enforcement of this ordinance may take an appeal to the Board of Appeals . The Board of Appeals shall , in accordance with the provisions contained in this Ordinance, and in accordance with the provisions of Town Law Sections 267 et . sea. (except as the same are . (If additional space is needed, please attach sheets of the same size as this and number each (1) • superseded by the provisions of this Ordinance) , hear and determine appeals from any refusal of a building permit or certificate of occupancy by the person designated by the Town Board, or review any order or decision of said person where such order or decision is based upon the requirements of this ordinance. Such Board shall also hear and determine any other matter referred to it by the provisions of this Ordinance or any other law, regulation or resolution. Section 1105 - VARIANCES. The Board of Appeals, on appeal from the decision or determination of the Code Enforcement Officer, shall have the power to grant use and area variances (as the same are defined in Town Law Section 267 ) . 1 . AREA VARIANCES. In addition to any other requirements set forth in this Ordinance, the Board of Appeals, in determining whether to grant an area variance shall consider all of the matters set forth in Town Law, Section 267-b including specifically the considerations set forth in Section 267-b 3 (b) and (c ) . 2 . USE VARIANCES . (a ) In addition to any other requirements set forth in this Ordinance, no use variance shall be granted unless the applicant shall show that applicable zoning regulations have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the Board of Appeals that ( i ) Under applicable zoning regulations the applicant can not obtain a reasonable economic return from the property in question, which insufficient return must be established by competent financial evidence; ( ii ) The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; ( iii ) The requested use variance, if granted, will not alter the essential character of the neighborhood; and ( iv) The alleged hardship has not been self-created. (b) The foregoing criteria are intended to supersede, in accordance with Municipal Home Rule Law Section 10 1 ( ii ) d ( 3 ) , the criteria for granting use variances set forth in Town Law Section 267-b 2 (b) and in particular the requirement that to obtain a use variance the applicant must demonstrate that the applicant is deprived of all economic use or benefit from the property. (c ) All other criteria and provisions contained in Town Law Sections 267 et . seq. , except the requirement that the applicant demonstrate that the applicant is deprived of all economic use or benefit from property, are applicable to use variances in the Town of Danby. 3 . CONDITIONS . The Board of Appeals, shall in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property, or the period of time such variance shall be in effect . Such conditions shall be consistent with the spirit 2 • and intent of this Ordinance and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community. " Section 3 . If any provision of this local law is found to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law. Section 4 . This local law shall take effect upon its publication as required by law. 3 • • (Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter • therein which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 1 of 19 .92... > of the CitIXX of DANBY . . . . was duly passed by the .TOWN. .BOARD Town X11 (Name of Legislative Body) K on AUGV,T$T 1Q 1992 in accordance with the applicable provisions of law. 2. (Passage by local legislative body wit approval or no disapproval by El• ve Chief Executive Officer • or repassage after disapproval.) I hereby certify that e local law annexed hereto, design. d as local law No. • ' 19 County City of the Town of was duly passed b.• e (Name of Legisla e Body) Village not disap. oved on 19 and w. approved by the rep. sed after disapproval lective Chief Executive Officer• a was deemed duly adopted on 19 , i accordance with the applicable rovisions of law. 3. (Final adoption by referendum.) I hereby certify that t'e local law annexed hereto, designat•• as local law No. • ' 19 County City of the of was duly passed by t Town (Name of Legislat e Body Village not disapprov-• on 19 and was ap. o‘ed by the repassed . ter disapproval eeti%eChief Executi%eOfficer' on 19 Such local law was submitte• to the people by rea n of a mandatory permissi referendum, and receive• the affirmative vote of a majo• ty of the qualified el tors voting• general there. at the special election •Id on 19 , in accordance wi the applicable annual pr. •isionsof law. 4. (Subject to permissive referendum,and final adoption because no valid 'etition filed requesting refer dum.) I hereby certify that .,e local law annexed hereto, desi: ated as local law No. . . . . . . . of 19 County City of the Town of was duly passed • the (Name of egislative Body) Village not disap• oved on 19 and w. . approved by the . repa :ed after disapproval Elective Chief Exccutiv (ricer' on . Such local law w. subject to a permissiv eferendum and valid petition requesting such r- erendum was filed as of 19 n accordance with the applicable •rovisions of law. • 'Electi'.e Chief Executive Officer means or includes the chief executive officer of a county elected on a countywide basis or,if there be none,the chairman of the counts legislati'ie bod>,the mayor of a city or village or the supervisor of a town where such officer is vested with power to approve or leto local laws or ordinances. (2) 5. (Cite local la% concerning Charter recision proposed by petition.) • I hereby certify t the local law annexed hereto, desi:• • ed as local law No. of 19 of the City of • .wing been submitted to referendum suant to the provisions • ;36 of the Municipal Home R Law, and having received the all alive vote of a major' •of the qualified electors of such ' y voting thereon at the generall elect' n held on 19 became operati e. 6. (Count) local law concernin: : ;option of Ch. er.) I hereby certif at the local •w annexed hereto, • , ignated as local law •. of 19... . of the County of , State of N- York, having been s •mitted to the Electo at the General Electi• of Novemb- , 19.. .., pursuant to subdiv'• ons 5 and 7 of sectio 3 of th Municipal .. ome Rule La , and having receives e affirmative vote o • majority of the qua ' ied elect s of the ci 'es of said co ty as a unit and of a • ajority of the quaff.- • electors of the tow of said c my consi• -red as a unit oting at said general e •ction, became oper. ' 'e. (If . y other aut •rized form of final ad•ption has been loll. •ed, please provide an ppropriate ertifica- t'.n.) 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. v< ' r G� wkc.. Clerk of the C;..:it) Iegislati ( bog),Giki., Ton a e Clerk or officer designated by local legislative body Date: August 11, 1992 - y -._ r• v r^ • i Seal). _ , (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF To''^('kt'^S I, the undersigned, hereby certify that the foregoing 1 c w o ta' t +. correct text and that all.' proper proceedings have been had or taken for the enactment o t cal w a •ex1 hereto. ` ,{ Signature y A+-korne� (.it I\a.. I0.1r. .S Nan _.! Title ' j �4 21 2 City of Dan 6 Town e (3) • PiiOJECT I.D. NUMBER' 817.21 SEQR Appendix C Slate Environmental Ouallly 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 Susan C . Beeners for (ary Qltz ( see #6 ) Tow upervisor J. PROJECT LOCATION: Municipality County of Danby County Tompkins 4. PRECISE LOCATION(Street address end road Intersections,prominent landmarks, etc.,or provide map) ( townwide ) 5. IS PROPOSED ACTION: ❑New ❑Expansion "yyr�yy�� l^1 Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Proposed Local Law Amending Sections 1104 , 1105 of the Town of Danby Zoning Ordinance Regarding the Board of Appeals 7. AMOUNT OF LAND AFFECTED: Initially _ acres UIIImaleiy acres (entire Town ) 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING On OTHER EXISTING LAND USE RESTRICTIONS? X I Yes ❑No II No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ®Residential II Induslrlel `C]Commercial M Agriculture II Park/Foresl/Open space [3 Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,On FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE on LOCAL)? fates ❑No II yea, list agency(s) and permit/approvals (recommendation from Planning Board ) 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT On APPROVAL? ❑Yes ®No II yea,list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes UN() • I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Susan C . Beeners , for Mary Oltz , Town Supeovisor 6/26 92 e: / SIgnaluro: . •••••• II the action Is in the Coastal Area, and you are a stale 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 617.12? II yes, coordinate the review process and use the FULL EAF. ❑Yea ZI 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. Mes ❑No (Town of Danby Planning Board , Tompkins Co . Planning Dept . ) C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,II legible) Cl. Existing Alf 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 brielly: Not expected since the action involves no physical changes . • C2. Aesthetic, agricultural, archaeological,historic,or other natural or cultural resources;or community or neighborhood character? Explain briefly: Not expected, as in Cl . above . C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats,or threatened or endangered species? Explain briefly: Not expected , as in Cl . above . • 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. Not expected , as in Cl . above . The proposed amendment would mainly clarify procedures related to the Board of Appeals and to the consideration of variances , with no major change from present C5. Growth, subsequent development,or related activities likely to be Induced by the proposed action? Explain briefly. procedures. Not expected, as in Cl . and C4. above. C6. Long term, short term,cumulative,o other el ec of identified In CI-CS? Explain briefly. Not expected, as expected, Cl 4 . and 1 . above. C7. Other Impacts(including changes in use of either quantity or type of energy)? Explain briefly. Not expected, since no physical changes are directly involved. 0. IS THERE,OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? El Yes MO 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 ifs (a) selling (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) Irreversibility; (e) geographic scope; and (I)magnitude. I( necessary, add attachments or reference supporting materials. Ensure that explanations contain sullicient detail to show that all relevant adverse Impacts have been Identified and adequately addressed. ❑ 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. X i 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, he reasons supporting this determination: No physical changes are involved, nor are any substantial changes from present procedures. Town of Danby Town Board Name of lead Agency Mary Oltz Town Supervisor Print or Type Name of Responsible Officer in lead Agency Title of Responsible Officer Signature of Ret • �. c�wL1,L W 1-(e(i 2.. g pontible Officer in lead Agency Signature of Prepares(If different from reipontibie officer) Dale __I 7