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Home My WebLink AboutLL 1997 #2 Amend ZO: Commercial Zone B2 Muzzy Rd. • A tAl trAi4 .c/ ‘ r . STATE OF NEW YORK '1 DEPARTMENT OF STATE ALBANY, NY 12231-0001 0,0 ALEXANDER F. TREADWELL SECRETARY OF STATE November 10, 1997 CAROL W. SCZEPANSKT TOWN OF DANBY 1830 DANBY ROAD ITHACA, NY 14850 RE: Town of Danby, Local Law 2 , 1997 , filed 11/05/97 The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, (.111AUCA— E3 Janice G. Durfee Principal File Clerk Bureau of State Records (518) 474-2755 JGD:ml 0 printed on recycled paper BARNEY, GROSSMAN, DUBOW & MARCUS ATTORNEYS AT LAW JOHN C. BARNEY SENECA BUILDING WEST PETER G. GROSSMAN SUITE 400 DAVID A. DUBOW RAN DA LL B. MARCUS 119 EAST SENECA STREET WILLIAM J.TROY III ITHACA, NEW YORK 14850 FACSIMILE KRISTIN E. HAZLITT* (607) 273-6841 (607) 272-8806 (NOT FOR SERVICE OF PAPERS) ALSO ADMITTED IN MARYLAND &WASHINGTON. D.C. November 3, 1997 Ms. Carol Sczepanski Town Clerk, Town of Danby 54A Gunderman Road Ithaca, New York 14850 Re: Local Law No. 2 - Expansion of Commercial Zone "B2" Dear Carol: Enclosed is a copy of Local Law No. 2 of the year 1997 relating to the expansion of the commercial zone "B2" which I have certified on behalf of the Town. We retained one copy for our files. With best regards. Sincerely yours, JCB:sls Enclosure • N OF DANBY - TOMPKINS COUNTY 1830 DANBY ROAD (607)277-4788 ITHACA, NEW YORK 14850-9419 Fax:(607)277-0559 October 31 , 1997 AG 03 State Records and Law Bureau Department of State 162 Washington Avenue Albany, New York 122310-0001 RE: Town of Danby - Local Law No. 2 of the year 1997 Dear Sirs and Ladies: Enclosed for filing in your office is an original copy of Local Law No. 2 of the year 1997 of the Town of Danby entitled: "A LOCAL LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE RELATED TO THE EXPANSION OF COMMERCIAL ZONE "B2" ON DANBY ROAD NEAR MUZZY ROAD". Please forward the receipt to the Town of Danby Town Clerk: Carol W. Sczepanski, Town Clerk 54A Gunderman Road Ithaca, New York 14850 SinIda).cerely, Carol W. Scre P anski Town Clerk Town of Danby cws Enc. 1 Town of Danby Local Law No.3 of 1997 TOWN OF DANBY LEGAL NOTICE PLEASE TAKE NOTICE that the Town Board of the Town of Danby at a special meeting held on the 27th day of October 1997, 54A Gunderman Road, Ithaca, New York adopted the following Local Law. Be it enacted by the Town Board of the Town of Danby as follows: "TOWN OF DANBY LOCAL LAW NO4 OF 1997 A LOCAL LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE RELATED TO THE EXPANSION OF COMMERCIAL ZONE "B2", ON DANBY ROAD NEAR MUZZY ROAD Section 1. The Zoning Ordinance of the Town of Danby as reenacted and readopted by the Town Board on December 11, 1991, is further amended as follows: 1. Commercial Zone B-2, located on the east side of Danby Road near its intersection with Muzzy Road, is hereby expanded to the west to include Town of Danby Tax Parcel No. 2.-1-26.1, which is known as 1428 Danby Road and which was previously zoned Low Density Residential Zone,with the boundaries of said expansion area more particularly described in Schedule A attached. 2. 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 said expansion of Commercial Zone B-2 as set forth in this local law. 3. Permitted principal and accessory uses in said zone expansion are the following, except as may be authorized upon further application to and approval by the Town Board: (a) a landscape installation, maintenance and snow removal service business with an accessory wholesale nursery; (b) those uses which are permitted in High Density Residential Zones; and (c) parking and off-street loading areas for motorized vehicles, accessory storage buildings, and advertising sign boards, as subject to the further requirements of this ordinance for such uses in Commercial Zones. Any outside storage of landscaping materials such as topsoil, and any receptacles for waste disposal, shall be suitably screened so as not to create a visual detriment to neighboring properties. 4. The placement of a new sign on the preexisting sign posts, which are located approximately five feet within the N. Y. State Route 96B right of way line, is permitted notwithstanding the fact 2 Town of Danby Local Law No. 3 of 1997 that the sign post location does not comply with the current minimum setback requirement for signs set forth in this ordinance, provided that said sign placement complies with all other requirements for signs set forth in this ordinance, and with all pertinent requirements of the N. Y. State Dept. of Transportation. 5. Any variances previously granted for the use of the subject property are hereby superseded by this local law. Section 2. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions of this law 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 LOW DENSITY RESIDENTIAL ZONE TO BECOME AN EXPANSION OF COMMERCIAL ZONE B-2 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Danby, County of Tompkins and State of New York, being more particularly shown on a survey map entitled "Survey Map,No. 1428 Danby Road, Town of Danby, Tompkins Co., N.Y.", dated Aug. 9, 1980, amended Aug. 14, 1980,by Clarence W. Brashear, L.L.S., filed in the Tompkins County Clerk's office in Book 431 of Deeds at Page 732, and according to which survey the property is described as follows: BEGINNING at a point in the center line of Danby Road, which point is 247.7 feet northwesterly of the centerline of Muzzy Road at its intersection with Danby Road, thence north 82 degrees west along a southerly boundary of lands reputedly owner by Hiney a distance of 412.7 feet; thence south 5 degrees 53 minutes west along an easterly boundary of lands reputedly owned by Hiney a distance of 334.5 feet; thence north 84 degrees 26 minutes east along a northern boundary of lands shown on said survey map as reputedly owned by McDonald and presently reputedly owned by McBride a distance of 476 feet to the center line of Danby Road; thence northwesterly along the center line of Danby Road a distance of 247.7 feet to the point or place of beginning." Carol W. Sczepanski, Town Clerk Dated: October 31, 1997 Publish: November 3, 1997 Affidavit of Publication Requested. 1 i __- f I i z r7 ?CMPKIN$A'1 r-._, -',COUNTY , r V '';.-A,,;. Q.,t- a asr' f ` . ' ' ' T N OF DANBY - TOMPKINS COUNTY , 607 _ � , 1830 DANBY ROAD ( )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 )SS Carol W. Sczepanski, Town Clerk of the Town of Danby, being duly sworn, deposes and says: 1. That she is the Town Clerk of the Town of Danby, Tompkins County, New York; -7 2. That on October 16, 1997, which day was no earlier than 20 days and no later than 10 days prior to the date of the hearing, she caused to be mailed, pursuant to the provisions of the Town of Danby Zoning Ordinance a copy of hearing,which is attached hereto and made a part hereof, to each of the property owners of the subject property and to all owners 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 and attached hereto and made a part hereof. d6-4116 Carol W. Sc Sc p nski, Town Clerk Town of Danby Date: (9a/- / /f M97 . tp\41 ' ( \,(1 \b 0, 4 -; C COPY TO: ADJACENT LANDOWNERS OF TOWN OF DANBY TAX PARCEL NO. 2.-1-26.1 FROM: TOWN OF DANBY RE: APPLICATION TO CONSIDER THE REZONING OF TAX PARCEL NO. 2.-1-26.1 FROM LOW DENSITY RESIDENTIAL ZONE TO COMMERCIAL ZONE B LOCATED AT 1428 DANBY ROAD NOTICE IS HEREBY GIVEN,that a Public Hearing will be held by the Town Board of the Town of Danby on Monday, October 27, 19 Vt 6:00 P.M., Danby School Building, 54A Gunderman Road, Ithaca, New York 14850. Purpose o the hearing is to consider approval of the general site plan and enactment of a local law amending the Zoning Ordinance with respect to a request for the rezoning of Town of Danby Tax Parcel No. 2.-1-26.1, located at 1428 Danby Road, from Low Density Residential Zone to Commercial Zone B, for use of the existing warehouse on the property for a landscaping and snow removal service business. Timothy Ciaschi, property owner; Rice Landscaping, Inc. Applicant. All interested parties will be given the opportunity to be heard either in writing or in person. A special meeting of the Town Board will follow the public hearing at 6:30 p.m. By order of the Town Board Carol W. Sczepanski, Town Clerk Dated: October 14, 1997 S u 1 Tax #2.-1-23.3 Tax #2.-1-26. 1 Tax #2.-1-26.31 WILLIAM AND SUZANNE HINEY TIMOTHY CIASCHI ANTOINETTE MCBRIDE 1415 DANBY RD 801 W. BUFFALO ST. 1432 DANBY RD I ITHACA, NY 14850 ITHACA, NY 14850 ITHACA, NY 14850 Tax #2.-1-25 Tax #2.-1-37 & 46 Tax #2.-1-45 BARBARA GANZEL JAMES & MARGE HOVANEC DALE & VALERIE BURGESS 1444 DANBY RD 108 OLDE TOWNE RD 17 MUZZY RD ITHACA, NY 14850 ITHACA, NY 14850 ITHACA, NY 14850 Tax #2.-1-47 Tax #2.-1-48.4 Tax #7.-1-1. 1 MARSHALL DOWNING NORTHEAST HOMES, INC. GEORGE K. VOSS PO BOX 403 421 N AURORA 1485 DANBY RD 385 W. KING RD ITHACA, NY 14850 ITHACA, NY 14850 ITHACA, NY 14850 Tax #2.-1-26. 1 °? 3 (n ��/�3/?�� RICE LANDSCAPING, INC. CFe R fJ G 116 E. BUTTERMILK FALLS RD Q ITHACA, NY 14850 °/ 8i-Je4Y f e, /y°7 � / :��5� D CO TOMPKINS COUNTY a' Ti 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 LAW Carol W. Sczepanski, 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 October 8, 1997 she caused a copy of a request to consider approval of the general site plan and enactment of a proposed local law entitled: "A LOCAL LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE RELATED TO THE EXPANSION OF COMMERCIAL ZONE "B2", ON DANBY ROAD NEAR MUZZY ROAD", to the Town Supervisor and Councilpersons of the Town of Danby, and 3) That on October 17, 1997 she caused a copy of a revised copy of the above referenced proposed local law be transmitted to the Town Supervisor and the Town Councilpersons. g/thi t)/7 lffl Let,40e4 Date Carol W. Sczepa , Town Clerk Town of Danby TOMPKINS COUNTY Tf 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 )SS Carol W. Sczepanski, Town Clerk of the Town of Danby, 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 October 16, 1997, which day was no earlier than 20 days and no later than 10 days prior to the date of the hearing, she caused to be mailed, pursuant to the provisions of the Town of Danby Zoning Ordinance a copy of hearing, which is attached hereto and made a part hereof, to each of the property owners of the subject property and to all owners 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 and attached hereto and made a part hereof. 6,,,,,,,,,j ,..,) Carol W. Sc p nski, Town Clerk Town of Danby Date: 9d /7, 79u f _ 7 ' TOMPKINS ' , COUNTY T..s' N OF DANBY - TOMPKINS COUNTY 1830 DANBY ROAD (607)277-4788 ITHACA, NEW YORK 14850-9419 Fax: (607)277-0559 To: Town Board From: Susan Beeners , October 17 , 1997 �Ln% �� `. 6j�� Re : Rice Landscaping Proposed Local Law Enclosed is a Revised draft Local Law for your review. The only change is a new paragraph 5 in section 1 . That change would supersede or discontinue the previous variance which was granted for use of the warehouse as an auto repair shop. IC' . ep' �//Y/v�l 'r'' Proposed Local Law Rice Landscaping "TOWN OF DANBY LOCAL LAW NO. OF 1997 A LOCAL LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE RELATED TO THE EXPANSION OF COMMERCIAL ZONE "B2", ON DANBY ROAD NEAR MUZZY ROAD Section 1. The Zoning Ordinance of the Town of Danby as reenacted and readopted by the Town Board on December 11, 1991, is further amended as follows: 1. Commercial Zone B-2, located on the east side of Danby Road near its intersection with Muzzy Road, is hereby expanded to the west to include Town of Danby Tax Parcel No. 2.-1-26.1, which is known as 1428 Danby Road and which was previously zoned Low Density Residential Zone,with the boundaries of said expansion area more particularly described in Schedule A attached. 2. 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 said expansion of Commercial Zone B-2 as set forth in this local law. 3. Permitted principal and accessory uses in said zone expansion are the following, except as may be authorized upon further application to and approval by the Town Board: (a) a landscape installation, maintenance and snow removal service business with an accessory wholesale nursery; (b) those uses which are permitted in High Density Residential Zones; and (c) parking and off-street loading areas for motorized vehicles, accessory storage buildings, and advertising sign boards, as subject to the further requirements of this ordinance for such uses in Commercial Zones. Any outside storage of landscaping materials such as topsoil, and any receptacles for waste disposal, shall be suitably screened so as not to create a visual detriment to neighboring properties. 4. The placement of a new sign on the preexisting sign posts, which are located approximately five feet within the N. Y. State Route 96B right of way line, is permitted notwithstanding the fact that the sign post location does not comply with the current minimum setback requirement for signs set forth in this ordinance, provided that said sign placement complies with all other requirements for signs set forth in this ordinance, and with all pertinent requirements of the N. Y. State Dept. of Transportation. 5. Any variances previously granted for the use of the subject property are hereby superseded by this local law. Section 2. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions of this law 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. Proposed L:ocal Law Rice Landscaping 2 SCHEDULE A DESCRIPTION OF LANDS BEING REZONED FROM LOW DENSITY RESIDENTIAL ZONE TO BECOME AN EXPANSION OF COMMERCIAL ZONE B-2 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Danby, County of Tompkins and State of New York, being more particularly shown on a survey map entitled "Survey Map, No. 1428 Danby Road, Town of Danby, Tompkins Co., N.Y.", dated Aug. 9, 1980, amended Aug. 14, 1980, by Clarence W. Brashear, L.L.S., filed in the Tompkins County Clerk's office in Book 431 of Deeds at Page 732, and according to which survey the property is described as follows: BEGINNING at a point in the center line of Danby Road, which point is 247.7., feet northwesterly of the centerline of Muzzy Road at its intersection with Danby Road, thence north 82 degrees west along a southerly boundary of lands reputedly owner by Hiney a distance of 412.7 feet; thence south 5 degrees 53 minutes west along an easterly boundary of lands reputedly owned by Hiney a distance of 334.5 feet; thence north 84 degrees 26 minutes east along a northern boundary of lands shown on said survey map as reputedly owned by McDonald and presently reputedly owned by McBride a distance of 476 feet to the center line of Danby Road; thence northwesterly along the center line of Danby Road a distance of 247.7 feet to the point or place of beginning." - .„1,2%0A... .■ c*---' .. - \ : : ........ . 0 __---• •P'C ‘ . 0 ---- • 0 -=_---_ . 0 • c3 •ic), 0! r... .-:------ ,;, -\--'4'- ci-4) 0 0 ;.‘ • g° 0 -c' S)., • '%.1 \ ,), 7._ - d97,_ • ,,'0, 0 cr ,-.....„.„..._,.....A-A-,-., • 0 ‘i V ' r I ‘I- -- • " i# 4 .• aii A .13,1 i a ... • (----) / _, c5 ) Trbyosett, ‘11111V 7.--rry1/4/2... e• • L _\ 0• - o ry,rytit-rtA 01/4-A i b#1/4& -?, V■ x---- 0 ... ..._ \ ‘-' •-•,,, x-x-x \ x-x- - (1) •EI a -A Loc,Prrtot\) cn CP iy zic --owai Rt. } o , .. ,D 0-) I ---- q-o-D C _ r 14 rVEY R.,Or O 6 �bN FEND 339. s ' PA RTLy A �' 5a, - \ ) \----- ----‘,.._, .....t...7-0 ( — ;/ . r 4. _� l i METAL- 1 r-- I� • d T L E�. /. 1.3t.r;t; 1: N ( 7 ) i '` —I ) It3"`- 7S'.1- �.,J�� O C-(-- �.� , off U T►LI r 1 E ( r Y clf EXT . ‘ �`' `` y Al PKG. ' 1 O G ��,� "oRtV E , 5EPTC O 1 D ( 1 1.1-1 NO 1 i Q. 0 .$ O RPO J6 �-°I WE t (.0' p I m ( _ 6911:` rvi ) ';.. ' ' o►t UnuriES Z t \ t t5 Lockr 10 w A; i. •:., -- i ,,....• r,... �0*\ , \ + CA s 1;s9 4.4-- \ . r,..\\----s .,\___,\,-,.- • c\ it- \,.\\(9\-\"4 AO ,sf►ao 0:i.s• Sc E ? LAW No, ( 428 DAMAY , oAD SC4L E 1" = so ' 0 PIPE t=puND !Q I-t I G fa WA Y` `.10.; U 4\fl Et,)I - -R4 MAC PARCEL a - l._ b,1 PREPARED WI R\4 E. L fvMSCAPtQ,J,,I NaNCy R10E 5E PT, 3, 1997 I • No. 19 PHOTO I.W, 431 TALE '732 CORNER IS AT 1 I FENCE P4ST I I HINEY R.O. PIPE IS I ELY I O S 5 ° 531 W 334. 5 ' PARTLY ALONG FENCE z 52'± • 25'± - 'o MAGNETIC 1974 co N No (J)_ METAL m BUTLER LANDS OF TYPE in • KEITH & DOROTHY J• BLDG 6 - MESSENGER 3 o- o o 0 z o (.1' DEEDS BOOK 552 PAGE 764 v �i' OH UTILITIES f "Z• TAX MAP NO. 2 - 1 - 26.1 p•? . 2.846 _ ACRES TOTAL TO c, ROAD . m K p 2.623 ± AI:RES NET •TO HWY LINE . o r� m n -< - 0_i I. ' u o • d 1 p D Z !L ' N 0 1:. • o r -< NO l W r W28 0 I .o us Z W E Ll,. rO u) rn POOL Z in • G7 Fri = -{ -TT H z 6914 rn • sn 2.: m 4OTE : HIGHWAY Z Q►i UTILITIES m Z P .INE PLOTTED .0 • ' t- = v 65 'ROM A PPROPRI- ∎TION MAP BE- -..-6 ..Cc• LOCATION - u° TWEE N SURVEY v� O.�\�� 1—Z�r'+ cn _OCAT ED HIGHWAY c� f N - MONUMENTS P�6`w � ------A��p1Sl• I�• - r '241.2 • NE 413o `N , A�NG ACA WA� L1� N 231 .2 �o ��N N1G" ��MoK• .? RICE LANDSCAPING, INC. Professional Quality and Service 116 East Buttermilk Falls Road Ithaca, New York 14850 (607) 272-1376 September 4, 1997 Danby Planning Board Danby, N.Y. Dear Planning Board members, Rice Landscaping, Inc. is a lawn maintenance, landscaping and snow removal company that has been doing business in the area for 15 years. We are excited about re- locating our business to the Town of Danby. We are working closely with Sue Beeners to follow the proper steps in the application for re-zoning of the property at 1428 Danby Road (Tax Parcel# 2-1-26.1)to Commercial Zone B. This property was originally used by Chuck Bruce to paint and repair cars. It is located directly across from a property currently zoned B2. Rice Landscaping, Inc. intends to run its existing year round business of lawn maintenance, landscaping and snow removal from this site. There are approximately eight employees. Our usual hours of operation are from 7:30 am to 5:00 pm, except during winter snow emergencies. The trucks and equipment will be housed in the warehouse, along with an office, and the house will continue to be a rental unit. There is ample parking for the employees and tenants which is out of sight of the neighbors. The site is located down below the road grade. There will be minimal noise from our operations and our business should not present a disturbance to the neighbors. The closest neighbor is more than 400' from the site. The existing trees and hedge rows provide a natural sight and sound screening. Rice Landscaping plans on improving the location by doing a thorough clean up, painting, and landscaping of the entire site. Our improvements will be cosmetic and only slight modifications are needed to the interior of the warehouse. There will be no adverse environmental impact from our cleaning up the property, nor from our future operations. We propose to locate our sign approximately in the same area of the existing sign pole and light shown on the site plan. We will make sure that our sign meets the standards in size, location and lighting. Access to the site from the Danby Road will be improved by cutting back overgrown vegetation. This will provide a better, all around safe entrance to our location. The traffic in and out of the site will mainly be from employees reporting to work in the morning and going home in the afternoon. There will be times during the day when trucks will go in and out, but primarily they leave in the morning, are out all day, and return in the evening. Rice Landscaping may consider having a small wholesale nursery on the site for its existing customers in the future. We appreciate the opportunity to present this packet to you. We hope that you will look at our request for re-zoning receptively. Our intent is to be a business that the Town of Danby and it's residents will be proud to have as a neighbor. We will be happy to discuss any concerns with you and look forward to a good working relationship with the town. Sue Beeners has been very helpful in outlining the process and understands the time constraints for both parties. Thank you very much for your attention to this matter. Sincerely, Rice Landscaping, Inc. Represented by Karl Kayser and Nancy Rice Enclosures: Site Plan Location Plan Short Environmental Assessment Form 14-16-4(9/95)—Text 12 PROJECT I.D. NUMBER 617.20 SEAR 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 RILE LAWDSCAP11.16 t INc.• 3. PROJECT LOCATION: Municipality A IJ By County -"O m p K ,iJs 4. PRECISE LOCATION(Street address and road Intersections,prominent landmarks, etc.,or provide map) 0-128 1A14165 b . Ti X PARCEL a- I-2b. I 5. IS PROPOSED POSED ACTION: IN New ❑Expansion ❑Modification/alteration 1- 6. DESCRIBE PROJECT BRIEFLY: Re-2- n1 AC d Q Pro Per -to Co,mnieft.%a.' Zone f br b use .2►c.e LA�DSCAPi 6,Inc.. -toe rkn 0. taro15ca p,Aq, Ictuun ( alhlevtarice and snow to a� cornea n • Truc,k5 and �u p me Mr w t 11 be. housed I n ware4ouse,c�torn w t'14.a rt ce. —Tine ko.Ase w.11 CAn}∎ntAQ. iio lae. G rents.( un1-11. 7. AMOUNT OF LAND AFFECTED: Initially cQ• acres Ultimately e2.ea acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 21 Yes ❑No If No,describe briefly A-5 REzoNEO 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? �I l,�I 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)? ❑Yes No It yes, list agency(s)and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes tiQ No If yes,list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes ❑No NA I CCIIIIPY THAT 1 IIr I1I1-OIIMATION rIIOVIUGI)^AnOVI: I'1 TIIUr. 10 1Hr III:11T 01' MY KNOWLI'UOI' Applicant/sponsor name: l\Le L140 Ds e A pING, J f\C, Date: 3)Cri Signature: 14- 72" ' /24; �2�S�CC4•� 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 6t7.4? II yes, coordinate the review process and use the FULL EAF. El Yes LJNo B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? It 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) C1. 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: (:' Analhullu, urrlr.ullural, un.tuuulutl l,,ul, lil:,lurlc.or triton natural ur cultural IUb(li1CU6; r rnntunlly ur irulullbuliuud clraluelur? Explain brlully. C3. Vegetation or fauna, fish, shellfish or wildlife species,significant habitats, r t reatened or endangered species? Explain briefly: intensity C4. A community's existing plans or goals as officially adopt d a ange in use or, nlens ly of use of land or other natural resources?Explain briefly. C5. Growth, subsequent developmen 4r related act ities likely to be Induced by the proposed action? Explain briefly. C6. Long term, short term,cumulative,or other effects not identified in CI-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 El 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 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: ri o vt-7 _�_ Name of lead Agency 11�& 3 I Z ��1�LA S 1. 0-e--7c V Pont t or •pe Name of Responsible Officer in Lead Agency Title of kesponsible Officer Signature of Responsible Otircer in lead Agency Signature of Preparer(Ii different from responsible oiiicerl Date 2 PART II - ENVIRONMENTAL ASSESSMENT - Proposed Rice Landscaping Rezoning A. Does action exceed any Type I threshold? [ ] Yes [X] No B. Will action receive coordinated review as provided for unlisted actions? [X] Yes [ ] No C. Could action result in any adverse effects associated with the following: 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? No significant drainage or other land impacts are expected given the minor nature of proposed site improvements. Resurfacing and minor expansion of the employee parking area appear feasible with minor grade changes. Sight distances at the driveway entrance on Danby Road appear adequate at this time. The applicant has contacted the NYS Dept. of Transportation for a field inspection. C2. Aesthetic, agricultural, historic, or other natural or cultural resources; or community or neighborhood character? There would be a moderate localized impact which is expected to be beneficial , with planned repairs to the existing warehouse building, house, and grounds. The site is buffered from adjacent properties by vegetation and by reason of topography. There is a distance of at least 400 feet to the nearest neighboring residences. C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? None are known on the site that would be adversely impacted. 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? Enlargement of the existing Commercial Zone B2 to include the subject property appears to be consistent with Town plans and goals, particularly with the principle implied in the comprehensive plan of locating commercial establishments which need good access on major roads. Given that the site was formerly used as a car repair shop, as granted a variance in 1971, and given the type of service use presently proposed, no significant changes in use or land use intensity are expected. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Not expected as a direct result of this action. Developability of the site is limited by the ravine to the south. Any substantial changes to the site, and any future requests for zoning changes in the vicinity along Danby Road, would most likely require further environmental review. C6. Long term, short term, cumulative, or other effects not identified in Cl- 05? As in C5. C7. Other impacts (including changes in use of either quantity or type of energy? No significant changes in energy usage are expected. D. Will the project have an impact on the environmental characteristics that caused the establishment of a CEA (Critical Environmental Area)? No. There are no CEAS in the vicinity. E. Is there, or is there likely to be, controversy related to potential adverse environmental impacts? None is known or expected at this time. PART III - DETERMINATION OF SIGNIFICANCE A negative determination of environmental significance is recommended for this action given the previous use of the site's warehouse building for auto repair, the minor extent of site improvements proposed, and the service orientation of the applicant's business. Susan C. Beeners, Reviewer, 9/24/97 Town of Danby Town Board, Lead Agency Tompkins County DEPARTMENT OF PLANNING 121 East Court Street Ithaca, New York 14850 James W.Hanson,Jr. Telephone(607)274-5560 Commissioner of Planning FAX(607)274-5578 October 1, 1997 Ms. Susan Beeners Code Enforcement Officer Town of Danby 1830 Danby Road Ithaca, NY 14850 Re: Zoning Review Pursuant to §239 -1 and -m of the New York State General Municipal Law Action: Rezoning, Low Density Residential to Commercial Zone B, Rice Landscaping, 1428 Danby Road, Tax Parcel No. 2-1-26 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, you are free to act without prejudice. However, the Planning Department is concerned about the proposal to rezone Tax Parcel 2-1-26 to a commercial district yet restrict the commercial uses on the parcel. The Town states that it is rezoning the parcel to merge with the pre-existing Commercial Zone B, yet by restricting the types of commercial uses allowed on the site, it appears to in effect be creating a separate zone. Creating a separate zone could be considered spot zoning. Please inform us of your decision so that we can make it a part of the record. Sincerely, 11)' kre"" //XL- ames W. Hanson, Jr. Commissioner of Planning t1%Recycled paper Ai "P,... .,t�i •• \� The SI Angel DEALERNEWS .:. 0. 3i.,;A,...• '� .' .-' • .inn. .. r: ;j;.'{, DEALER ervi %'/GGs1ez7a:t .. ti, "Ride with the Winners" 9/27/97 To: Danby Town Board and Planning Board Members I would like to express my support and approval for the planned use of 1428 Danby Rd. by Rice Landscaping Inc. I will be unable to be at the October 1, 1997, meeting so this letter will serve to present my support. To refresh your mind, my wife and I own the two properties across Danby Rd. from this parcel at 1429 and 1431 Danby Rd. My first and main reason for wanting to see the above property approved for the proposed use is that as a Danby taxpayer for the past thirty years, I would like to see as much tax relief as possible. One of the best ways that I know of to do that is to increase the tax base by allowing the existing commercial property to be used as it was initially intended. Too many times in the past this particular property has been unfairly turned down for similar proposals. (Rosco Wood Working Inc. is the one that sticks in my mind.) By not allowing first class businesses to establish themselves in our town, what little commercial property we do have has been seriously devalued, putting more demand on the residential property owners of our town to foot the bill for our high taxes. Reason two for supporting the Rice Landscaping proposal is that of all the different businesses that could be potential owners of this property, a landscape company would be one of the lowest impacts of any that could go there. I think they will be magnificent addition to this area of the our town and their plans to improve the existing property are very impressive. My third and final reason for lending my support to this project is that as an adjacent property owner and small businessman, I know first hand the problems facing over taxed landowners and small businesses today. I would respectfully ask the members of the town board and planning board to give their full support to the Rice Landscaping proposal. By doing so you will help preserve the most endangered species in America, the small businessman. Sincerely; ) ,n.j. James G. Hovanec 1429 Danby Road, Ithaca, New York 141350 • Phone/Fax: (607] 275-9906 �� from: Barbara Ganzel 1444 Danby Road Ithaca, NY 14850 October 1, 1997 to: Planning Board Town of Danby re: Proposed rezoning of tax parcel No. 2-1-26.1 I am sorry that my work does not enable me to be at the Public Hearing this evening. I would like to take this opportunity to express my hope that the Planning Board does not approve the rezoning of tax parcel No. 2-1-26.1 as an addition to commercial zone B2. Since I have bought my home at 1444 Danby Road, I have spent a lot of time, effort, and money improving it. I know that my good neighbors Toni and Judy have done the same with their property, which directly abuts the tax parcel under discussion. I hope that this is the sort of investment in our town that you would like to encourage. My neighbors and I feel very strongly that allowing rezoning of the tax parcel to allow a business next door on this side of the street would seriously disturb our peace and our property values. Doing so would send us the message that we and our investment in our homes is not a priority for the Town of Danby. It would be personally discouraging, and I believe it conveys the wrong information to other people who would like to invest in property on this side of Ithaca. When I bought my new home here, it was with the belief that this area would be seeing residential expansion- that the beauty and convenience of the area to the colleges would encourage people to invest in this area as a place to raise their families and build their homes. I think adding more businesses right here would not only discourage that kind of investment from others, it would certainly discourage my neighbors and myself. If you take away the protection of our zoning, you will be encouraging us to leave our homes, reconvert them to rental property, and let this part of 96B slide into being a"strip" -when it could be an attraction. I do not know if you consider the Cornell community a resource for Danby, but I like to think that we are. I, my neighbors, and my tenants are all Cornell employees, all with a variety of connections within the University. My neighbor Toni,for example, is Director of the highly popular Wellness Program at Cornell. We all know other Cornell employees and faculty who live in Danby or who are considering moving out here. The kind of sudden and arbitrary rezoning that you are considering is a message to our entire community that Danby is not interested in having us invest our futures here. Thank you, Barbara Ganzel NEB YORK STALE DEPARiHENT OF STATE • Lt-cal Law Filing 162 WASKtn'GT^vri AVENUE, ALBANY, NY 12231 N (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 matter. . • eotrn ty e1ty of DANBY Town 1414.ate • Local Law No. A of the year 19 :97.. A local law AMENQING THE TOWN OF DANBY ZONING ORDINANCE RELATED'• TO THE EXPS&9 IW.f1OF COMMERCIAL ZONE "B2", ON DANBY ROAD NEAR MUZZY ROAD 'Be it enacted by the T.QIN.N...BQ.A.l3,I) of the (Name of Legislative Body) 7fry • C.ty of DANBY BY Town as follows: • "TOWN OF DANBY LOCAL LAW NO.1OF 1997 A LOCAL LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE RELATED TO THE EXPANSION OF COMMERCIAL ZONE "B2", ON DANBY ROAD NEAR MUZZY ROAD Section 1. The Zoning Ordinance of the Town of Danby as reenacted and readopted by the Town Board on December 11, 1991, is further amended as follows: 1. Commercial Zone B-2, located on the east side of Danby Road near its intersection with Muzzy Road, is hereby expanded to the west to include Town of Danby Tax Parcel No. 2.-1-26.1, which is known as 1428 Danby Road and which was previously zoned Low Density Residential Zone,with the boundaries of said expansion area more particularly described in Schedule A attached. • 2. 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 said expansion of Commercial Zone B-2 as set forth in this local law. 3. Permitted principal and accessory uses in said zone expansion are the following, except as may be authorized upon further application to and approval by the Town Board: (a) a landscape installation, maintenance and snow removal service business with an • accessory wholesale nursery; • • (If additional space is needed, attach pages the same size as this sheet, and number each.) (l) nnc-/lo eon, 7/961 2 Town of Danby Local Law No'A of 1997 (b) those uses which are permitted in High Density Residential Zones; and (c) parking and off-street loading areas for motorized vehicles, accessory storage buildings, and advertising sign boards, as subject to the further requirements of this ordinance for such uses in Commercial Zones. Any outside storage of landscaping materials such as topsoil, and any receptacles for waste disposal, shall be suitably screened so as not to create a visual detriment to neighboring properties. 4. The placement of a new sign on the preexisting sign posts, which are located approximately five feet within the N. Y. State Route 96B right of way line, is permitted notwithstanding the fact that the sign post location does not comply with the current minimum setback requirement for signs set forth in this ordinance, provided that said sign placement complies with all other requirements for signs set forth in this ordinance, and with all pertinent requirements of the N. Y. State Dept. of Transportation. 5. Any variances previously granted for the use of the subject property are hereby superseded by this local law. Section 2. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions of this law 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 LOW DENSITY RESIDENTIAL ZONE TO BECOME AN EXPANSION OF COMMERCIAL ZONE B-2 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Danby, County of Tompkins and State of New York, being more particularly shown on a survey map entitled "Survey Map, No. 1428 Danby Road, Town of Danby, Tompkins Co., N.Y.", dated Aug. 9, 1980, amended Aug. 14, 1980, by Clarence W. Brashear, L.L.S., filed in the Tompkins County Clerk's office in Book 431 of Deeds at Page 732, and according to which survey the property is described as follows: BEGINNING at a point in the center line of Danby Road, which point is 247.7 feet northwesterly of the centerline of Muzzy Road at its intersection with Danby Road, thence north 82 degrees west along a southerly boundary of lands reputedly owner by Hiney a distance of 412.7 feet; thence south 5 degrees 53 minutes west along an easterly boundary of lands reputedly owned by Hiney a distance of 334.5 feet; thence north 84 degrees 26 minutes east along a northern boundary of lands shown on said survey map as reputedly owned by McDonald and presently reputedly owned by McBride a distance of 476 feet to the center line of Danby Road; thence northwesterly along the center line of Danby Road a distance of 247.7 feet to the point or place of beginning." (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 body only.) • J I hereby certify that the local law annexed hereto, designated as local law No. 2 of 19 97 of the (Cox(ConotA(124A(Town)(V414244 of DANBY _ was duly passed by the Town Board_ on October 27, 19 97, in accordance with the applicable provisions of law. (t amt a of Legialative Body) 2. (Passage by local leglslati a body with approval, no d . . proval or tepassage after'disapproval by the Elective Chief . ecutivc Officer'.) I hereby certify that the ocal law annexed heret., designated as local law ■ o. of 19 of the (County)(City own)(Village) of • was d passed by the on 19_, and was t •proved)(not disappro ed)(repassed after 'erne Of egte atree ..ocy disapproval) b the and wa :earned duly adopte• •n 19�, (elective Chie(Exe •live O t cer•) in accorda e with the applicable .rovisions of law. • 3. (final adoption by referendum.) • I hereby certify that t local law annexed ereto, designated as local-1. - "No. of 19_ of the (County)(City own)(Vilingo) of was d ' passed by the on 19 , and w.. (approved)(not disappro •d)(repassed alter erne of Le¢lelative °ody disapproval) by the on 19 Su local law was (-i;lectly• C 1•F•x•eutive • acct submitted to the people by r•, son of a (mandatory)(per issive) referendum, and r•ceived the affirmative vote of a ajority of the alified electors voting iii' con at the (general)(speci (annual) election held on .19 , i. accordance with the op. (cable provisions of law, • 4. (Subject to per lssivc referendum and final adoption .ecause no valid petitio vas filed requesting rcferndum.) I hereby certif that the local law annexed hereto designated as local law 1 of of the (Coun• )(City)(Town)(Village) of _ was duly pass . by the on 19 , and was (a iruved)(not disapproved)(rep, sec] after fame of .Illative 1)od) disappr• al) by the on 19 Such local w was subject t( Elective Chief Execu "ve Officer') per ssi •e referendum and no vali• petition requesting such cferendum was filed as of 19 , in . cordance with the applicabl, provisions of law. • • • • • •Electirc Chief Executive Officer uteaha or includes the chief executive officer of bt county elected on a county-w(de basis or, If there bc' none, the chairman of the county legislative body, the mayor of a city or village, or the supervisor of a town where auclt officer Is vested with the power to approve or veto local laws or ordinances. , • (2) • (Crty local law concerning Charter revision proposed by petition,) I hereby certify that the local law annexed hereto, designated ns local law No. of 19 of the City of having b=-n submitted to referendum pursuant to the provisions of section (36)(37) • the Municipal 1-tome Rule Law :nd haviug received the Lin-native vote • of a majority of the qualified ectors of such city voting thereoe at the (speciai)(general) e •ction held on 19 , be :me operative. • • 6. (County to law coueeruing adoption of Char r.) I hereby ce lfy that the local law annexed her o, designated as local law • •.. of 19 of the C••my of , State of 'ew 'York, having b- 'n submitted to the ele ors at the General Election of No •mher 19 , pursuant to subdivis'•ns 5 and 7 of sectio 33 or the-Municipal Home Rule aw, and having received th- affirmative vote of a ajority of the Qualified electors of the cities of said ounty as a unit and of a rna'.rity of the qualified cctois of the towns of said county considered as a unit voting at said general electio ,.became operative; (If any other authorized form of final adoption has been'followed, please•provide an xpprbpritate certification.) • • • X 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. • 0 —Oletk 41 t is'evunty le 'lathe y y, Town or Village Clerk or officer designated by e. legileative body (Sea?) Date: OCTOBER 31, 1997 • (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Pillage Attorney or other authorized Attorney of locality.) STATE OF NEW YOI:tl< 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 en takelt for the enactment of the local law annexed hereto. I 9 gnatur. 4gQTolle /fix C—etrvrt y Town 01 (pctn)y • Date: aCf- �i 1 1917 (3)