HomeMy WebLinkAbout1985-02-20TiI nut es
Town of Da.nby Planning Board
February 20, 1985
i1?rlbers
Present: Nancy
Weitzel,
Carol
Benjamin,
Donald
Graham, Walt
Sczn_of.nski,
Joel Gagrnon
Absent:
Jim
Hovanec
Others
Present: Mildred
Miller (Town
Supervisor),
Pam Clermont
(Town
Attor.ney),
Fd Roberts (Bald Hill)
, Judd
Li?oila.rd
(Zoning
Officer) .
Th meeting was called, to order at 7 ;4,0 Pair ?.
MAn.ltes of the January meetin were approved.
Since Judd. Leonard was present, he was as'x:el about his willingness
uo attend Planning Board meetings. He said that he will be attending
future meetings unless he has conflicting commitments at the. time of the
',laa:lt said he. had seen an ad in the. Penn,ysaver advertising building lots
A Da.nby in an area he. knew had no fronta5e on public roads. Under the
°current ordinance, 150 feet of fronta;e on a. public road is a requirP-
mPn', for residential construction. Walt was concerned that people
m!i,:rht buy these lots thinking that they coulJ build houses on them,
>ranJ then find. out other--:ise Urhen they a.ppliar for a building permit.
aAftr =tr a brief discussion, V7P a;reed t'na' the actual sale of the land
for NtaA f
.A a rQ,7ulated by the Town. Someol�e,Jse1 n.3 lots for construction of
in a.n arr%,q. whPrc thP.y a.r not -p ermitted could b liable for
but that woul.I b,=) for t }iF courts to dPc i de s'r�ould the buy Pr (S)
J'urS? ? the ti!atter.
i' =11'x ` ?4 point-Pe out t'n�.` she. hurl as = �:�?F: t5 rd � vA7r Or SO �I0
"tO th'1 -i ri on a sub3ivision ordina.nc; a.nd so far nofhin .
.'. .-nd sought clarification of the Planni'n. Board's recommendations
' o ..ie Town Board concernin;� the Planned. Dnlre, loomen't. District applica-
t; :o : .c, J I'."L for ;':?e ol:z Dan.) �chogl an z Giro )erty. tJe reviewed ttiP
Tl`i "G '•c'.,SS ails reoommc-%n •9.t_i O'i:�. F_.m ',%r,`i 3''{E''I t0 pZ'P.par° draft O" '',rIP.
ice` TE?_ =dill- iO�iS 1'. ^1 %]��T Y1C� Oi f lie (1r..9riri.z On C`r'b. 27A'1 ,t0 SP.CVP..
�a-s :-`. sis for r"',, �To.F' i)�i ., �in •'?(�.i l �V:'ir,.l..
J "} 417ri 1 ±;ioned that "rc�n`. ProTo (Da.nby- Carol i -nl. reprrlsantative ort the
Board) had a.dvis�]Jd t'le To : Board. . >l their �r= feting in February
enat. alone; might be ava.ilablP to study th6, I - isibilit_y of insta.11in
districts in areas not now serveji ov ;hern. It o:ts not clear
wtl'-= ' -:ler. Danby e:as elicy-ib1Ft Tor this monPY, since we already have a
w:tt, d s ric (in T.
De nay ). MiL3rPd thou_ ht not. None of us felt
.hri�, ;hare 7as any avidnnt need. for a district in other pasts of the
o;.-...
L'iat the reason the last couple of months worth of
appear in t'1P D?nbJ Area N' n -ivs yas becaus° she for;ot
t.o Ic FN 15 h e-n alonY
�ntiong that w npn Led to revise the sc'- 1e.3u1P ai feeS for zoning
but we ''Ain't et to it at this TT1?e ink.
f. to o to i� it)
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with construction be:innin�.in Sapt.F,mb,rlr.. It is supposed* to be done in
two months, so the pond should be q--v?ilable for use again In "8E,
loon brou,sfrht uU the qu?stion of 71oo�l insurance. Wel have been advis¢d
by t'nN r ederal 'Fmergency Manacrement Aq ?noy that a loyal I�aw re ulat ;in9
construction An flood -prose areas will in fact be ne. cessa:ry in order
to. secure the future. a- ra.ilability of low -cost national flood insurance
for the residents of the Town. Don said he would bring the necessary
IPSislation before the TolAn Board nor their. action.
Meetir_ adjourned at 10:30 P.At.
Submitted by Joel Gagnon
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A LOCAL LAW REGULATING THE MAINTENANCE OF
REAL PROPERTY IN THE TOWN OF DANBY
PREAMBLE. This Law provides for the removal of junk,
as defined below, which is visible from other properties or
from the public roadways. While the primary, but not ex-
clusive,•enforcement of the Law is contemplated to be at the
zoning officer's own instigation, the zoning officer may also
make a determination of whether or not this Law has been
violated after receiving a complaint from a neighbor or,other
person in the community who is directly or indirectly affected
by the condition of a property. It is expected that people
will maintain their properties in a responsible manner and
that property owners will respond sensitively and responsibly
to the concerns of their neighbors.
.BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF DANBY
AS FOLLOWS.
Section 1. PURPOSE. The purpose of this Law is to pro.
tect the health, safety, and welfare of the residents of the
Town of Danby, to protect the value of real property, and to
promote and perpetuate the attractive appearance of neighbor-
hoods in the community, by providing for the removal of junk
in accordance with the provisions below.
Section 2. PROHIBITED ACTS. (a) It shall be a violation
of this Local Law for any owner or other occupant or person
having control over real property in the Town of Danby to
deposit, abandon, maintain, keep or allow to accumulate on
his property, outside of any building, any junk or material,
which, if throvin or deposited as herein prohibitea, tends to
create a danger to the public health, safety, and welfare,
or creates degradation through unsightliness or noisomeness.
(b) Classes of materials subject to regulation and
examples thereof are as follows:
I. Equ�.pment or machinery intended 'or outdoor
use, such as automobiles, trucks, farm imple-
ments, lawn mowers, campers, trailers, boats,
or other such devices, which are in a state of
disrepair or are otherwiseodelapidated, broken,
abandoned, or are not in condition to be used
for their original purpose. In the case of
vehicles or eauipment designed for use on the
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✓ public roadways, the phrase "dilapidated,
broken, abandoned, or•not in condition to be
used for their original purpose" shall be
defined -as incapacity to meet the require-
meets imposed by the State of New York for
legal use on such roadways.
II. Any equipment or appointments designed for in-
door use, such as stoves, refrigerators, washing
machines, furniture, etc., or parts thereof,
when stored on any property for more than 30
days, at which time any such item shall be
presumed to be abandoned..
III. Nonbiodegrad
IV. Biodegradabl
wee4s, etc.,
for more tha
discretely p
from regulat
able rubbi
e trash, e
when left
n 30 days.
laced in t
ion under
sh or trash.
.g., piles of brush, leaves,
in the front or side yards
Compost piles which are
he backyard are excluded
this Law.
V. Construction or demolition debris if present for
more than one year.
The examples given above are not intended to be exclusive and
do not limit the list of items that might be construed as be -.
longing to any of the above classes of materials. Further,
the list.of classes and examples given above is not in limita-
tion of the prohibition.in this section.
(c) Except to the extent that a health, safety, or fire
hazard is found to exist, or if the storage of such items
would constitute a nuisance, it shall not be a violation of
this Law to maintain on real property items of the kind and
nature set forth in subsection (b) above if such items are
stored inside a storage structure or if they are stored in such
a manner that they are not visible to neighboring properties
or from any public roadway, except that this Lai,., does not
affect any further regulation now existing or enacted after
the date of this Law of such storage of materials found in the
Town Zoning Ordinance or any other Local Law. Duly licensed
auto parts recyclers in existence at the time this Local Law is
passed shall not be required to conform to the requirement of
nonvisibility from any public roadway, but rather shall be
required to screen their operations at least from adjacent
roadways. In addition, screening shall be required and shall
be erected between these operations and any adjoining. property
whose owner requests such screening.
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Section 3. VIOLATIONS. A violation of this Local.Law
shall be a violation as defined in Section 10.00 of the Penal
Law of the State of New York and shall be punishable by a
fine not to.-exceed Two-Hundred and Fifty Dollars ($250.00) or
a sentence of imprisonment not to-exceed fifteen (15) days in
jail, or both. Failure to eliminate the cause of a violation
within 30 days of being found guilty.of a violation of this'
Law shall constitute a new and separate violation. It.is
intended that fines and /or imprisonment recur and increase in
severity until.the cause of the violation is removed.
Section
The zoning
4. ENFORCEMENT.
officer of the Town
(a)
of
Zonina
Danby is
officer
procedure..
hereby authorized
to enforce
shall
appointed
include
the
by
provisions
any assistant
the Town
of this
zoning
Board.
Law. The
officer
title zoning
that may
officer
be
M The zoning officer shall on his normal business
about the Town note and investigate any visually apparent
violations of this Local Law. In addition, he shall investi
gate any complaints received. Upon determining that in his
judgment this Law has been violated, the zoning officer shall
give the owner of the real property or other person charged
with the maintenance of.the property written notice setting
forth the nature and existence of the violation,.and the
provisions of this Law violated, and directing that the
violation be terminated or corrected within 30 days of the
date of such notice. Such notice shall be given personally to
the owner, lessee, occupant, or other person required to
maintain the property, or by mailing the same to the address
of the real property or that address listed by the owner for
the receipt of tax bills.
If the owner of the real property or other person
charged with the maintenance of the real property fails to
terminate or correct the violation in the time provided,
the zoning officer shall file a Written complaint with the
Wotan Justice specifying the conditions, acts, or omissions
constituting a violation, and the name and address of the
real property owner,.lessee, occupant, or other person required
to maintain the property. The zoning officer shall also file
proof of compliance with subsection (a)(i) above. Upon receipt
of such a complaint, the Town Justice shall issue an
appearaance ticket directing the property owner or other
responsible party to appear in person in court; if such
person does not appear, the Town Justice :i.y issue a warrant,
for the arrest of said person based upon any complaint or
information previously filed.
(b) Appeal
Aviv person who has
of ,findin
filed a
of no violation b
zoning officer,
complaint with the zoning officer
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may appeal to the Town Board at one of its regular.meetings
a case where the zoning officer has'issued a finding that
no violation of this Law has been found or refuses to act on
that person'-s complaint. Supporting proof of the existence
of the violation cited (e.g., photographs, affidavits from
other neighbors, etc.) may be provided by the person appealing...-.,.'.:
to the Town Board. The Town Board shall make any reasonable
investigation that is deemed necessary and shall arrive at
a decision either to instruct the zoning officer to process
the complaint in accordance with subsection (a) above or to
dismiss the complaint
Section 5. EFFECTIVE DATE. This Local Law supersedes.
the Town of Danby Junk Car Law, and shall take effect 60 days
*after its passage by.the Town Board.
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