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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) V i 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 �12��1Ys �•r�Q/yv� .t K ,_t i ■ 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 ;yy . Y_ p - 2 - ✓ 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. r 3 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 s 1. 4 - 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. s ft Y,. tf