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HomeMy WebLinkAboutLL 1995 #2 PD Zone Mich Hollow Draft , Nov. 2 , 1995 ' •:I I, NOV O 2 t'diN5 �;i TOWN OF DANBY `1 -1i LOCAL LAW NO. 2 OF 1995 A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ESTABLISH A PLANNED DEVELOPMENT ZONE COMPRISED OF A PORTION OF TOWN OF DANBY TAX PARCEL NO. 14 .-1-4 . 2 , LOCATED ON THE WEST SIDE OF MICHIGAN HOLLOW ROAD 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 Planned Development Zone 17 is hereby es- tablished, and shall be comprised of an 8+/- acre parcel to be subdivided out of Town of Danby Tax Parcel No. 14 . -1-4 . 2 , located on the west side of Michigan Hollow Road and currently owned by Donald W. Barnes , to contain a proposed new four-unit dwelling, as shown on a map entitled "Proposed Planned Development Zone , " by Don Barnes , dated 7/13/95 , revised 10/31/95 , which map is referenced as the general site plan herein . 2 . The area described in Schedule A attached is hereby rezoned from Town of Danby Low Density Residential Zone to Planned Development Zone 17 . 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 Planned Development Zone 17 as set forth in this local law. 4 . Planned Development Zone 17 shall be subject to the following provisions , notwithstanding any other pertinent zoning, subdivision, or other regulatory requirements : ( a ) There shall be no more than four dwelling units within the Planned Development Zone . ( b) The only permitted principal use and building is one building containing four dwelling units . Permitted accessory buildings and uses shall be the same as those permitted in a Low Density Residential Zone . (c ) Yards, signs , height , and building area shall be in conformity with the requirements for same in a Low Density Residential Zone . (d) The construction and location of the proposed 4-unit multiple dwelling shall be as shown on the final site plans approved by the Planning Board, which final site plans shall be substantially in accord with the general site plan referred to above . No alteration, amendment , or change in the final site plans as approved by the Planning Board shall be permitted without further es" approval by the Planning Board, except as provided in the Zoning Ordinance relative to modifications to site plans . (e ) Final site plan review and approval by the Planning Board shall include , in addition to the requirements set forth in the Zoning Ordinance , the review and approval of the general construction plans for the exterior facade and elevations of the proposed four-unit building. In the review of such plans , the Planning Board shall find that the exterior design of the building reasonably appears to look like a two-unit dwelling . ( f ) A minimum of two parking spaces per dwelling unit shall be provided for the four-unit dwelling. (g) A buffer yard with a minimum depth of 50 feet from the boundaries of the Planned Development Zone shall be maintained within said Zone . No above-ground structures or parking spaces , except for necessary utilities and minor accesory structures for the collection of domestic waste and refuse , shall be permitted within said buffer yard. ( h) The access drive to the proposed 4-unit multiple dwelling may be constructed of crusher run stone or similar material , or may be paved with blacktop or other solid material , provided that the surface reasonably provides adequate support and access for emergency vehicles such as ambulances and fire trucks . ( i ) A collection area or areas for waste and refuse shall be provided for the convenience of the residents of the proposed multiple dwelling, shall be secure from animals and the elements and of suitable size , and shall be screened from public view by landscaping or fencing . ( j ) There shall be no outside storage of equipment , supplies , debris , or any other substances , except for the parking of fully licensed and operable motor vehicles used by occupants for transportation. ( k) Building permit requirements and exemptions shall be as provided for Low Density Residential Zones . If there has been any construction on the 2-acre lot adjacent to the Planned Development Zone on the southeast, no building permit for any dwelling in the Planned Development Zone shall be issued unless the site for such dwelling has been properly subdivided. Section 2 . 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 3 . In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 4 . This law shall take effect 20 days after its adoption orthe date it is filed in the Office of the Secretary of State of the State of New York, whichever is later . SCHEDULE A Description of lands being rezoned from Low Density Residential Zone to Planned Development Zone 17 : Commencing at a point at the western edge of the Michigan Hollow Road right of way, which point is the northeast corner of property owned by Donald Barnes , Town of Danby Tax Parcel No. 14 . -1-4 . 2 and which is the southeast corner of property owned by Mark Iacovelli , Town of Danby Tax Parcel No . 14 . -1-4 . 32; Running thence North 85 degrees , 16 minutes , 10 seconds West a distance of 879 feet to a point which is the northwest corner of the aforementioned property owned by Donald Barnes and the southwest corner of the aforementioned property owned by Mark Iacovelli Running thence South 3 degrees , 24 minutes , 0 seconds West a distance of 461 feet to a point which is the southwest corner of the aforementioned property owned by Donald Barnes and which is the northwest corner of property owned by Michael and Eloise Greene , Town of Danby Tax Parcel No . 14 . -1-4 . 1; Running thence South 85 degrees , 16 minutes , 10 seconds East a distance of 370 feet along the southern property line of the aforementioned property owned by Donald Barnes and the northern property line of the aforementioned property owned by Michael and Eloise Greene; Running thence North 3 degrees , 24 minutes , 0 seconds East a distance of 155 feet; Running thence South 85 degrees , 16 minutes , 10 seconds East a distance of 539 feet to the western edge of the Michigan Hollow Road right of way; Running thence northerly along the western edge of the Michigan Hollow Road right of way line a distance of approximately 310 feet to the point of beginning. Reference is made to a map entitled "Proposed Planned Development Zone , " by Don Barnes , dated 7/13/95 , revised 10/31/95 . 1 Town of Danby o75 LocalLawNo2 of 145 TOWN OF DANBY LOCAL LAW NO. 2 OF 1995 A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ESTABLISH A PLANNED DEVELOPMENT ZONE COMPRISED OF A PORTION OF TOWN OF DANBY TAX PARCEL NO. 14.-1-4.2, LOCATED ON THE WEST SIDE OF MICHIGAN HOLLOW ROAD 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 ofDanbyPlanned Development Zone 17 is hereby established, and shall be comprised ofan 8+/- acre parcel to be subdivided out of Town of Danby Tax Parcel No. 14.-1-4.2, located on the west side of Michigan Hollow Road and currently owned by Donald W. Barnes, to contain a proposed new four-unit dwelling, as shown on a map entitled"Proposed Planned Development Zone," by Don Barnes, dated 7/13/95, revised 10/31/95, which map is referenced as the general site plan herein. 2. The area described in Schedule A attached is hereby rezoned from Town of Danby Low Density Residential Zone to Planned Development Zone 17. 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 Planned Development Zone 17 as set forth in this local law. 4. Planned Development Zone 17 shall be subject to the following provisions,notwithstanding any other pertinent zoning, subdivision, or other regulatory requirements: (a) There shall be no more than four dwelling units within the Planned Development Zone. (b) The only permitted principal use and building is one building containing four dwelling units. Permitted accessory buildings and uses shall be the same as those permitted in a Low Density Residential Zone. (c) Yards,signs,height,and building area shall be in conformity with the requirements for same in a Low Density Residential Zone. (d) The construction and location of the proposed 4-unit multiple dwelling shall be as shown on the final site plans approved by the Planning Board,which final site plans shall be substantially in accord with the general site plan referred to above. No -76- a. 2 Town of Danby Local LawNo.2 of 1995 alteration, amendment, or change in the final site plans as approved by this Planning Board shall be permitted without further approval by the Planning Board, except as provided in the Zoning Ordinance relative to modifications to site plans. (e) Final site plan review and approval by the Planning Board shall include, in addition to the requirements set forth in the Zoning Ordinance, the review and approval of the general construction plans for the exterior facade and elevations of the proposed four- unit building. In the review of such plans, the Planning Board shall find that the exterior design of the building reasonably appears to look like a two-unit dwelling. (f) A minimum of two parking spaces per dwelling unit shall be provided for the four- unit dwelling. (g) A buffer yard with a minimum depth of 50 feet from the boundaries of the Planned Development Zone shall be maintained within said Zone. No above-ground structures or parking spaces,except for necessary utilities and minor accessory structures for the collection of domestic waste and refuse, shall be permitted within said buffer yard. (h) The access drive to the proposed 4-unit multiple dwelling may be constructed of crusher run stone or similar material, or may be paved with blacktop or other solid material,provided that the surface reasonably provides adequate support and access for emergency vehicles such as ambulances and fire trucks. (I) A collection area or areas for waste and refuse shall be provided for the convenience ofthe residents of the proposed multiple dwelling, shall be secure from animals and the elements and of suitable size, and shall be screened from public view by landscaping or fencing. (j) There shall be no outside storage of equipment, supplies, debris, or any other substances, except for the parking of fully licensed and operable motor vehicles used by occupants for transportation. (k) Building permit requirements and exemptions shall be as provided for Low Density Residential Zones. If there has been any construction on the 2-acre lot adjacent to the Planned Development Zone on the southeast,no building permit for any dwelling in the Planned Development Zone shall be issued unless the site for such dwelling has been properly subdivided. Section 2. 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 3., In the event that any portion of this law is declared invalid by a court of —77— 3 Town of Danby Local Law No.2 of 1995 competent jurisdiction,the validity of the remaining portions shall not be affected by such declaration of validity. Section 4. This law shall take effect 20 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York,whichever is later. SCHEDULE A Description oflands being rezoned from Low Density Residential Zone to Planned Development Zone 17: Commencing at a point at the western edge of the Michigan Hollow Road right of way, which point is the northeast corner of property owned by Donald Barnes,Town of Danby Tax Parcel No. 14.-1- 4.2 and which is the southeast corner of property owned by Mark Iacovelli, Town of Danby Tax parcel No. 14.-1-4.32; Running thence North 85 degrees, 16 minutes, 10 seconds West a distance of 879 feet to a point which is the northwest corner of the aforementioned property owned by Donald Barnes and the southwest corner of the aforementioned property owned by Donald Barnes and the southwest corner of the aforementioned property owned by Mark Iacovelli; Running thence South 3 degrees, 24 minutes, 0 seconds West a distance of 461 feet to a point which is the southwest corner of the aforementioned property owned by Donald Barnes and which is the northwest corner of property owned by Michael and Eloise Greene,Town of Danby Tax Parcel No. 14.-1-4.1; Running thence South 85 degrees, 16 minutes, 10 seconds East a distance of 370 feet along the southern property line of the aforementioned property owned by Donald Barnes and the northern property line of the aforementioned property owned by Michael and Eloise Greene; Running thence North 3 degrees, 24 minutes, 0 seconds East a distance of 155 feet; Running thence south 85 degrees, 16 minutes, 10 seconds East a distance of 539 feet to the western edge of the Michigan Hollow Road right of way; Running thence northerly along the western edge of the Michigan Hollow road right of way line a distance of approximately 310 feet to the point of beginning. Reference is made to a map entitled"Proposed Planned Development Zone," by Don Barnes, dated 7/13/95, revised 10/31/95. —78— BARNEY, GROSSMAN, ROTH & DUBOW ATTORNEYS AT LAW SENECA BUILDING WEST SUITE 400 JOHN C. BARNEY 119 EAST SENECA STREET PETER G.GROSSMAN ITHACA, NEW YORK 14850 FACSIMILE NELSON E. ROTH (607) 272-8806 DAVID A. DUBOW (607)273-6841 (NOT FOR SERVICE OF PAPERS) RANDALL B. MARCUS HUGH C. KENT January 4, 1996 Ms. Carol Sczepanski Town Clerk, Town of Danby 1830 Danby Road Ithaca, New York 14850 Dear Carol: Enclosed is the original letter received by us from the Secretary of State regarding Local Law No. 2 for 1995. You will want to keep this letter with your other records relating to the adoption of that local law. With best regards. Very truly yours, JCB:bc V Enc. .. , u9 eii STATE OF NEW YORK DEPARTMENT OF STATE ALBANY, NY 12231-0001 ALEXANDER F. TREADWELL SECRETARY OF STATE December 14 , 1995 JOHN C. BARNEY SENECA BUILDING WEST 119 E. SENECA STREET STE. 400 ITHACA, NY 14850 RE: Town of Danby, Local Law 2 , 1995, filed 12/11/95 The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, Janice G. Duree Principal File Clerk Bureau of State Records (518) 474-2755 JGD:ml cs> . ‘j,1, 0 RECYCLED PAPER •Y • • ri 1 (Please Use this Form for Filing your 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 matter. 1 Town of Danby Local Law No.2 of 1993 061 9( To wn of DANBY To Local Law No. of the year 199.5 A local la* . . .T.O.AMEND. .THE. Z.ON.ING .ORDI NANC.E .T0. ESTABLISH. .A. PLANNED DEVELOPMENT ZONE COMPRIISECO DF A PORTION OF TOWN OF DANBY TAX PARCEL NO. 14-1-4.2 LOCATED ON THE WEST SIDE OF MICHIGAN HOLLOW ROAD Be it enacted by the TOWN BOARD of the (Name or Lcgislati%e Body) • OW of DANBY as follows: Town • 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 Planned Development Zone 17 is hereby established, and shall be comprised of an 8+/-acre parcel to be subdivided out of Town of Danby Tax Parcel No. 14.-1-4.2, located on the west side of Michigan Hollow Road and currently owned by Donald W. Barnes, to contain a proposed new four-unit dwelling, as shown on a map entitled"Proposed Planned Development Zone," by Don Barnes, dated 7/13/95, revised 10/31/95, which map is referenced as the general site plan herein. 2. The area described in Schedule A attached is hereby rezoned from Town of Danby Low Density Residential Zone to Planned Development Zone 17. • 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 Planned Development Zone 17 as set forth in this local law. 4. Planned Development Zone 17 shall be subject to the following provisions, notwithstanding any other pertinent zoning, subdivision, or other regulatory requirements: (a) There shall be no more than four dwelling units within the Planned Development Zone. (b) The only pennittted principal use and building is one building containing four dwelling units. Permitted accessory buildings and uses shall be the same as those permitted in a Low Density Residential Zone. (c) Yards,signs,height, and building area shall be in conformity with the requirements for same in a Low Density Residential Zone. (d) The construction and location of the proposed 4-unit multiple dwelling shall be as shown on the final site plans approved by the Planning Board which final site plans (I ) • 2 Town of Danby Local Law No.2 of 1995 shall be substantially in accord with the general site plan referred to above. No alteration, amendment, or change in the final site plans as approved by this Planning Board shall be permitted without further approval by the Planning Board, except as provided in the Zoning Ordinance relative to modifications to site plans. (e) Final site plan review and approval by the Planning Board shall include, in addition to the requirements set forth in the Zoning Ordinance, the review and approval of the general construction plans for the exterior facade and elevations of the proposed four- unit building. In the review of such plans, the Planning Board shall find that the exterior design of the building reasonably appears to look like a two-unit dwelling. (f) A minimum of two parking spaces per dwelling unit shall be provided for the four- unit dwelling. (g) A buffer yard with a minimum depth of 50 feet from the boundaries of the Planned Development Zone shall be maintained within said Zone. No above-ground structures or parking spaces, except for necessary utilities and minor accessory structures for the collection of domestic waste and refuse, shall be permitted within said buffer yard. (h) The access drive to the proposed 4-unit multiple dwelling may be constructed of crusher run stone or similar material, or may be paved with blacktop or other solid material, provided that the surface reasonably provides adequate support and access for emergency vehicles such as ambulances and fire trucks. (I) A collection area or areas for waste and refuse shall be provided for the convenience of the residents of the proposed multiple dwelling, shall be secure from animals and the elements and of suitable size, and shall be screened from public view by landscaping or fencing. (j) There shall be no outside storage of equipment, supplies, debris, or any other substances, except for the parking of fully licensed and operable motor vehicles used by occupants for transportation. (k) Building permit requirements and exemptions shall be as provided for Low Density Residential Zones. If there has been any construction on the 2-acre lot adjacent to the Planned Development Zone on the southeast, no building permit for any dwelling in the Planned Development Zone shall be issued unless the site for such dwelling has been properly subdivided. Section 2. 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 3. In the event that any portion of this law is declared invalid by a court of competent jurisdiction,the validity of the remaining portions shall not be affected by such declaration of validity. Section 4. This law shall take effect 20 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. SCHEDULE A Description of lands being rezoned from Low Density Residential Zone to Planned Development Zone IL Commencing at a point at the western edge of the Michigan Hollow Road right of way, which point is the northeast corner of property owned by Donald Barnes, Town of Danby Tax Parcel No. 14.-1- 4.2 and which is the southeast corner of property owned by Mark Iacovelli, Town of Danby Tax parcel No. 14.-1-4.32; • 3 Town of Danby Local Law No.2 of 1995 Running thence North 85 degrees, 16 minutes, 10 seconds West a distance of 879 feet to a point which is the northwest corner of the aforementioned property owned by Donald Barnes and the southwest corner of the aforementioned property owned by Donald Barnes and the southwest corner of the aforementioned property owned by Mark lacovelli; Running thence South 3 degrees, 24 minutes, 0 seconds West a distance of 461 feet to a point which is the southwest corner of the aforementioned property owned by Donald Barnes and which is the northwest comer of property owned by Michael and Eloise Greene, Town of Danby Tax Parcel No. 14.-1-4.1; Running thence South 85 degrees, 16 minutes, 10 seconds East a distance of 370 feet along the southern property line of the aforementioned property owned by Donald Barnes and the northern property line of the aforementioned property owned by Michael and Eloise Greene; Running thence North 3 degrees, 24 minutes, 0 seconds East a distance of 155 feet; Running thence south 85 degrees, 16 minutes, 10 seconds East a distance of 539 feet to the western edge of the Michigan Hollow Road right of way; Running thence northerly along the western edge of the Michigan Hollow road right of way line a distance of approximately 310 feet to the point of beginning. Reference is made to a map entitled"Proposed Planned Development Zone," by Don Barnes, dated 7/13/95, revised 10/31/95. • . . (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.) I. (Final adoption by local legislative body only.) • I hereby certify that the local law annexed hereto, designated as local law No. 2 of 19 95 )(344xx of the of DAb was duly passed by the Town. Hoard • Town . . . . ny (Name of Legislative Body) Ma**x on November 20 19 95 in accordance with the applicable provisions of law. • 2. (Passage by local legislative body with approval or no,disapproval by Elective Chief-Executive Officer/ or repassage after disappro ••I.) I hereby certif at the local law anne d hereto, designated as local: w No of County City / of the Town ° w, duly passed by the (Name of Legislative dy) Villa not disapproved on 19 . and was approved by the repassed after disa. :royal Electi c Chief Executive Officer• a was deemed duly adopted on 19 , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby cer • y that the local law annexed reto, designated as local w No of 1 County • of the City of was ly passed by the Tow (Name of Legislative d)•) Vil ge • not disapproved on 19 and was approved by the • repassed after disappr val Eke • eChief ExecutiseOfficer• 0 19 Such local aw was submitted to e people by reason of a mandatory referendum, and received the affirmative vote of a majority of the qualified electors voting permissive general thereon at the special election held on 19 , in accordance with the applicable annual provisions of law. . 4. (Subject to permissive referendum,and final adoptio cause no valid petition file requesting referendum I hereby 'ertify that the local law anne d hereto, designated as loc aw No. of 1 County City w duly passed by the of the Tow (Name(Name of Legislative B y) Vi .age not disapproved on 19 ... and was approved by the repassed after disappr val Electiv Thief Executive Officer* on 19 Suc local law was subject to a rmissive referendum and valid petition reque ing such referendum was file as of 19 in accordance with th applicable provisions of law. • 'Elective 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 legislative both.the mayor of a city or village or the supervisor of a town where such officer is vested with power to approve or veto local laws or ordinances. • (2) • • 5. (City local law concerning Chart• revision proposed by petition.) I hereby certify th. the local law annexed hereto esignated as local law No. . . . . . . . of 19 of the City of having been submitted to refer= dum pursuant to the provisions of `37 of the Municipal Home • le Law, and having received e affirmative vote of a majority o the qualified electors of such 'ity voting thereon at the special gener. election held on ....... .... 19 became operati e. 6. (County local law concerning . : i ption of Charter.) I hereby certify t. .t the local law annexed hereto, desig .ted as local law No. of 1•,-- of the County of , State of New Y t , having been submitted to the El-• ors at the . General Election o ovember , 19 , e rsuant to subdivisions 5 and 7 of s- ion 33 of the Municipal Horn, Rule Law, and having received the firmative vote of a majority of the •ualified electors of the cities o said county as a unit and of a maj• ity of the qualified electors of the .wns of said county considered .s a unit voting at said general electi• , became operative. (If any o er authorized form of final adopti, has been followed, please provi. • an appropriate certifica- tion.) , 1 further certify that I have compared the preceding local law with the original on file in this office an :hat 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 1 above. Clerk of the County legislative .'.dy: City, Town or Village Clerk or officer designate. .y I.cal legislative body • Date: NOVEMBER 22, 1995 (S:al (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 TQMPKINS I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. SignaturCy e �?2 0 ant), Title tgakyIK Date: k)C.ceyrvtP{ � ! '2 95- oitx of DANBY Town t3) , BARNEY, GROSSMAN, ROTH & DUBOW ATTORNEYS AT LAW • SENECA BUILDING WEST SUITE 400 119 EAST SENECA STREET JOHN C. BARNEY PETER G. GROSSMAN ITHACA, NEW YORK 14850 FACSIMILE NELSON E. ROTH (607) 272-8806 DAVID A. DUBOW • (607) 273-6841 (NOT FOR SERVICE OF PAPERS) RANDALL B. MARCUS HUGH C. KENT December 6, 1995 State Records and Law Bureau Department of State 162 Washington Avenue Albany, New York 12231-0001 Re: Town of Danby, Local Law No. 2 of the year 1995 Dear Sirs and Ladies: Enclosed for filing in your office are three copies of Town of Danby Local Law No. 2 for the year 1995 certified by the Town Clerk and the Attorney for the Town. Please forward your acknowledgement of this filing directly to Carol W. Sczepanski, Town Clerk, Town of Danby, 1830 Danby Road, Ithaca, New York, 14850. Thank you for your assistance in connection with this matter. • Very tru yours, • JCB:bc Encs. cc: (w/ copy of certified local law/) Ms. Carol W. Sczepanski ./ • •