HomeMy WebLinkAboutTown Board Resolution - approval of rezoning, June 18, 2018RESOLUTION NO. XX OF 2018 - TOWN OF DANBY LOCAL LAW NO. 1 OF 2018 – A LOCAL LAW TO AMEND COMMERCIAL
“C” ZONING IN THE TOWN OF DANBY, NEW YORK
Whereas, an Application was submitted for proposed rezoning of 2.237 acres of the total 108.89-acre tax parcel
10.-1-82.2 to zone Commercial “C,” located at 129 Hornbrook Road, from the current zoning as Low Density
Residential, by Petricola-Bartholf Partnership, Owner, Robert Bartholf, Applicant; and
Whereas, in accordance with Town of Danby Zoning Ordinance Article IV: ‘Establishment of Zones,’ § 401, the
aforementioned 2.237-acre portion of the parcel is depicted in a survey map entitled “A Portion of Lands of Petricola-
Bartholf Partnership,” prepared by T.G. Miller, P.C., dated 11/15/2017; and
Whereas, an Application was submitted for concurrent review and approval by the Town of Danby Planning Board for
a Minor Subdivision of Town of Danby Tax Parcel No. 10.-1-82.2, as well as a Special Permit for a Warehouse, by
Petricola-Bartholf Partnership, Owner, Robert Bartholf, Applicant, to be considered by the Planning Board on June
21, 2018; and
Whereas, the Applicant proposes adaptive reuse of the existing 8,800 sq. ft. warehouse where no new construction
is required to facilitate private capital investment required to renovate and reuse the existing building within this
area, which is in proximity to the Central Hamlet; and
Whereas, a portion of the property is located in the Aquifer High Vulnerability (AHV) Overlay Zone; and
Whereas, the following uses and activities are expressly prohibited in the Aquifer High Vulnerability (AHV) Overlay
Zone as articulated in § 606 (3) of the Zoning Ordinance of the Town of Danby: Airport and/or airport maintenance
areas, including private airplane landing fields; Appliance or small engine repair shops; Boat service, repair, and/or
washing establishments; Drilling, development, and/or construction of sources of water for bottled water or bulk water
facilities except for the collection of spring water without the use or assistance of an external force; Car washes;
Cemeteries or crematoriums; Chemical and/or biological testing laboratories; Horticultural nurseries; Excavation of
overburden and/or minerals from the earth for sale or exchange, or for commercial, industrial, or municipal use
(except for the sale of incidental overburden and/or minerals from excavation related to construction as part of an
agricultural or residential use); Funeral homes and mortuaries; Furniture strippers and/or refinishers; Gasoline
service stations or service and repair garages; Generation and/or storage of hazardous wastes except for that
associated with residential or agricultural uses; Golf courses; Industrial establishments.; Junkyard, salvage, or
impoundment yards (including used motor vehicle parts and scrap/waste materials); Laundromats and dry cleaning
facilities; Municipal or industrial sewage treatment facilities with disposal of primary or secondary treatment effluent;
Personal service shops such as a barber shop, beauty parlor, or hairdresser; Pest control services or pesticide/
herbicide stores; Pet cemeteries or crematoriums; Printers; Storage of petroleum except for on-site petroleum
consumption; Installation of new or replacement underground storage facilities for petroleum or hazardous
substances; Veterinary clinics, hospitals or animal kennels; and
Whereas, this is an action under § 800 of the Zoning Ordinance of the Town of Danby, Applications for Rezoning;
and
Whereas, pursuant to § 800 (3) of the Zoning Ordinance of the Town of Danby, the Planning Board is required to
hold, and did hold, within 62 days of the filing of the completed application with the Planning Board, a Public Hearing
on March 15, 2018, which was heard by the Planning Board to assure full opportunity for citizen participation; and
Whereas, pursuant to § 800 (3) of the Zoning Ordinance of the Town of Danby, an official recommendation to
recommend the rezoning was passed by resolution of the Planning Board on March 15, 2018; and
Whereas, 6 NYCRR Part 617 of the State Environmental Quality Review Act (SEQRA) and Section IX of Local Law 2
of 1991 Environmental Review of Actions in the Town of Danby, require that a Lead Agency be established for
conducting environmental review of projects in accordance with local and state environmental law; and
Whereas, State Law specifies that for actions governed by local environmental review, the Lead Agency shall be that
local agency which has primary responsibility for approving and carrying out the action; and
Whereas, the proposed project is a Type I action under the Town of Danby Environmental Review of Actions and an
Unlisted action under the State Environmental Quality Review Act; and
Whereas, this Board, acting as Lead Agency in environmental review, has on May 14, 2018 reviewed and accepted
as adequate: a Full Environmental Assessment Form, Part 1 and Part 2, respectively, prepared by Lead Agency and
Town Planning staff; and
Whereas, the Town Board of the Town of Danby, having declared itself Lead Agency in this matter, on May 14, 2018
determined the proposal will result in no significant impact on the environment and that a Negative Declaration for
purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of
the State Environmental Quality Review Act; and
Whereas, the Tompkins County Department of Planning & Sustainability has been given the opportunity to comment
on the proposed local law pursuant to §239 -l, -m, and -n of the New York State General Municipal Law; and
Whereas, a duly noticed public hearing was held on June 11, 2018, and any public comments were carefully
considered by the Town Board;
Now Therefore, be it
Resolved, the Town Board adopts this local law and this Local Law shall take effect immediately upon adoption by
the Town Board of the Town of Danby.