HomeMy WebLinkAbout1968-10-15i
i
9
MEMORANDUM T0:
FROM
October 15, 1968
Planning Board
Peter A. Curtiss
Our regular meeting will be this Thursday at 8:00 P.M. in the Town Hall.
There is no formal subdivision hearing or any plans that I know of, so
hopefully we can spend the whole meeting on the-simplified zoning ordinance.
We got a lot done at the special work session on October 3, especially on
that most i- nY�rtant Permit section, and the end is in sight. The Town Board
...wanted the-revised ordinance by October 31. I told them this would be
impossible. .However, it looks like we might be able to aim for the end of
November. Fortunately, Mrs. Carol Sienko of Ellis Hollow has volunteered
her typing services on clean draft of revisions, etc. Already this has
been helpful, and it will definitely speed up the final draft we will give
to the Town Board.
As usual, all Town Board members are welcome to attend any of our regular
meetings or work sessions on this ordinance.
I am buying small notebooks for everyone to keep the revisions and ordinance
..,up to date as we ma.ke� corrections. Will also have a 3 -ring punch so we�can
punch and file your existing copy (be sure to bring it!)
If possible, I may, try and find the time to go to the 30th Annual Planning
Institute for one day (next Monday or Tuesday) to attend the special work-
Inst
Inst to Write a Zoning Ordinance ". You'd think we
shop they will have on "How
would know by now, but there is always more to learn and they might present
some excellent and proven ideas we should or could incorporate into ours.
We'll see.
Attached is the last letter (forgot to hand it out on October 3) I sent to
Starr Scientific, explaining our sympathy but inability to do anything for
them at this stage. I have heard nothing more 3o do not know if they will
go ahead and buy the•land or not.
See you Thursday! �•�
CCt Town Board
OWN OF DRY? iEN P
it
D R Y D E N NEW YORK
IN THE HEART OF FINGER LAKES REGION
October 24, 1968•
MEMO For the Record
FROM Peter.'A. Curtiss, Chairman
Town of Dryden Planning Board
I pd
SUBJECT.: Report on Annual Planning Institute Zoning Workshop
�.
Rather unexpectedly I attended part of the 30th'Annual Planning Institute
:conducted by the New York State Federation of Official Planning Organiza-
tions at.South Fallsburg (in the Catskills near'Monticello).1 There was a +
spedial'workshop on Monday, October 21 from 2:30..to 4:30 on '.'How to Write r
• -.;a Zoning Ordinance." I figured any additional information we could pick
up would be helpful.
The main speaker was Professor Robert Anderson,.School of''Law at Syracuse
J0 d m
University. He is recognized'as one of,the best'zoning. experts in the
State and country. Commentators for the.workshop were Mr. John Luensman,
Director of the Chautauqua County Planning Board, and Mr. Walter Michaelis,
Director of the Hempstead Planning Commission (he has been•involved with
literally-thousands of-hearings in his forty - one years of zoning in..Hemp
steads)
Like so many such meetings, there was not as much`nuts'and bolts" material
as I had hoped for, but there was some good concrete information and I felt
it had been worthwhile to ask for time off and the six hours driving to
attend. Fortunately ,I did not have to pay any of the registration fee so
the cost of attending was minimal.
The following information seems significant to report::..
• 1. Professor An derson's book entitled_ Zoning Law and Practice
is the best available,in the field. Several people -said that it
was excellent, a "must" and worth every penny.. Initial cost is
high and there are annual supplements but,I gathered it was almost
'essential for Helen to have a copy. I have since learned that she
does have one and has already put it to much use! „
29 It was stressed that an attorney should be closely involved
with .an ordinance; preferrably he (or she) should actually draft
it. I don't know if it would have been practical'(or possible)
for us to have Helen (or some other attorney) draft our ordinance.
ML The 701 program didn't,provide funds specifically for an attorney.
However, we want Helen to read and study the final revised ordinance,
carefully to see if there are any problems. She is definitely
planning to do so.
Cf
wor!�r
s
MEMO FOR THE RECORD
October 24, 1968
3. It was stressed that the procedure for adopting the ordinance be
followed very carefully. Many cases have been thrown out and
ordinances invalidated when it was discovered the exact procedures
had not been followed. This has already been checked carefully and
we are on the right track. Helen will have to be the final
authority on our exact procedures.
4. Caution was urged over definitions; not, believe it or not, in
terms of trying to define everything, but in terms of not defining
words that are commonly or universally accepted. You ask for
trouble in trying to define some words, whenever the Court has
already.established precedent. The business of "abandonment" in an
ordinance is tricky; it would be better to talk of discontinuance,
and that for a certain period of months.
5. Words should always be used consistently throughout the whole
ordinance. This is apparently a common fault. I think we're
O ..K. here, but we'll keep our eyes open. Also, they warned of
cross- referencing material; no problem here for ours.
6. Use a good index; make.sure material
have been doing this in our revision and
product will be clear and easy to read.
is well- captioned. We
I'm sure the final
7. Last, but not least, of the major points I gathered was that
the policy- making business in the whole area of zoning is vital.
If this policy is clear in the zoning ordinance, it will be
clear to the attorneys and will hold up in Court. That is, we
can essentially have our ordinance do exactly what we want it to
do (and be as powerful as we want it to be), but that intent must
be clearly stated. It is true there will still be areas for
personal judgment and opinion, or interpretation, but we will try
to make our intent as clear as possible.
8. I obtained some interesting ideas on
sign regulations
from
someone following
the meeting, but will
not report on that
here.
CC: Town Board
Planning Board
H. Amdur
:1 0&1 1
DRYDEN
"/.DRYDEN, NEW YORK
IN THE HEART OF FINGER LAKES REGION
October 24, 1968
MEMO For the Record
FROM Peter A. Curtiss, Chairman
Town of Dryden Planning Board
SUBJECT Report on Annual Planning Institute Zoning Workshop•
Rather unexpectedly I attended part of the 30th'Annual Planning Institute
conducted by the New York State Federation of Official Planning Organiza-
tions at South'Fallsburg (in the Catskills near Monticello). There was a
special workshop on Monday, October 21 from 2 :30 to 4:30 on "How to Write
a Zoning Ordinance." I figured any additional information we could pick
up would be helpful.
The.main ' speaker was Professor Robert Anderson, School of Law at Syracuse
University. He is recognized as one of the best zoning experts in the
State and country. Commentators for the workshop were Mr. John Luensman,
Director of the Chautauqua County Planning Board, and Mr. Walter Michaelis,
Director of the Hempstead Planning Commission (he has been involved with
literally thousands of hearings in his forty -one years of zoning iri'Hemp-
stead!)
Like so many such meetings, there was not as much "nuts and bolts" material
as I had hoped for, but there was some good concrete information and I felt
it had been worthwhile to ask for time off and the six hours driving to
attend. Fortunately I did not have to pay any of the registration fee so
the cost of attending was minimal.
The following information seems significant to report:
1. Professor Anderson's book entitled "Zoning Law and Practice"
is the best available in the field. Several people.said that it
was excellent, a "must" and worth every penny, Initial cost is
high and there are annual supplements but I gathered it was almost
essential for Helen to have a copy. I have since learned that she
does have,one and has already put it to much usel
2. It was stressed that an attorney should be closely involved
with an ordinance; preferrably he (or she) should actually draft
it. I don't know if it would have been practical (or possible)
for us to have Helen (or some other attorney) draft our ordinance.
The 701 program didn't provide funds specifically for an attorney.
However, we want Helen to read and study the final revised ordinance
carefully to see if there are any problems. She is definitely
planning to do so,
i
IN THE HEART OF FINGER LAKES REGION
October 24, 1968
MEMO For the Record
FROM Peter A. Curtiss, Chairman
Town of Dryden Planning Board
SUBJECT Report on Annual Planning Institute Zoning Workshop•
Rather unexpectedly I attended part of the 30th'Annual Planning Institute
conducted by the New York State Federation of Official Planning Organiza-
tions at South'Fallsburg (in the Catskills near Monticello). There was a
special workshop on Monday, October 21 from 2 :30 to 4:30 on "How to Write
a Zoning Ordinance." I figured any additional information we could pick
up would be helpful.
The.main ' speaker was Professor Robert Anderson, School of Law at Syracuse
University. He is recognized as one of the best zoning experts in the
State and country. Commentators for the workshop were Mr. John Luensman,
Director of the Chautauqua County Planning Board, and Mr. Walter Michaelis,
Director of the Hempstead Planning Commission (he has been involved with
literally thousands of hearings in his forty -one years of zoning iri'Hemp-
stead!)
Like so many such meetings, there was not as much "nuts and bolts" material
as I had hoped for, but there was some good concrete information and I felt
it had been worthwhile to ask for time off and the six hours driving to
attend. Fortunately I did not have to pay any of the registration fee so
the cost of attending was minimal.
The following information seems significant to report:
1. Professor Anderson's book entitled "Zoning Law and Practice"
is the best available in the field. Several people.said that it
was excellent, a "must" and worth every penny, Initial cost is
high and there are annual supplements but I gathered it was almost
essential for Helen to have a copy. I have since learned that she
does have,one and has already put it to much usel
2. It was stressed that an attorney should be closely involved
with an ordinance; preferrably he (or she) should actually draft
it. I don't know if it would have been practical (or possible)
for us to have Helen (or some other attorney) draft our ordinance.
The 701 program didn't provide funds specifically for an attorney.
However, we want Helen to read and study the final revised ordinance
carefully to see if there are any problems. She is definitely
planning to do so,
Mfr}'.•
i
MEMO FOR THE RECORD ;- October 24, 1968
3. It was stressed that the procedure for adopting the ordinance
be
followed very carefully. Many cases have been thrown out and
ordinances invalidated when it was discovered the exact procedures
had not been followed. This has already been checked carefully and
we are on the right track. Helen will have to be the final
authority on our exact procedures.
4: Caution was.urged over definitions; not, believe it or not, in
terms of trying to define everything, but in terms of not defining
words that are commonly or universally accepted. You ask for
trouble in trying to define some words, whenever the Court has
already established precedent. The business of "abandonment" in an
ordinance is tricky; it would be better to talk of discontinuance,
and that for a certain period of months.
5. Words should always be used consistently throughout the whole
ordinance. This is apparently a common fault. I think we're
O.K. here, but we'll keep our eyes open. Also, they warned of
cross- referencing material; no problem here for ours.'
6. Use a good index; make sure material is well - captioned. We
have been doing this in our revision and I'm sure the final
product will be clear and easy to read.
7. Last, but not least, of the major points I gathered was that
the policy- making business in the whole area of zoning is vital.
If this policy is clear in the zoning ordinance, it will be
clear to the attorneys and will hold up in Court. That is, we
can essentially -have our ordinance do exactly what we want it to
do (and be as powerful as we want it to be), but that intent must
be clearly stated. It is true there will still be areas for
personal judgment and opinion, or interpretation, but we will try
to make our intent as clear as possible.
8. I obtained some interesting ideas on sign regulations from
someone following the meeting, but will not report on that here.
CC: Town Board
Planning Board
H. Amdur
MEMORANDUM T0:
FROM:
October 15, 1968
4
Planning Board
Peter A. Curtiss
ti
Our regular meeting will be this Thursday at 8:00 P.M. in the Town Hall.
There is no formal subdivision hearing or any plans that I know of, so
hopefully we can spend the whole meeting on the simplified zoning ordinance.
We got a lot done at the special work session on October 3, especially on
that most important Permit section, and the end is�in sight& would be Board
wanted the revised ordinance by October ��• 1
told them
able to aim for the end of
impossible. However, it looks like we might be
November. .Fortunately, Mrs. Carol Sienko of Ellis Hollow has volunteered
her typing services on clean draft of revisions, etc. Already this has
been helpful, and it will definitely speed up the final draft-we will give
to the Town Board.
As usual, all Town Board members are welcome to attend any of our regular
meetings or work sessions on this ordinance.
I-am buying small notebooks for everyone to keep the revisions and
sordin ordinance
Up to date as we make corrections. Will also have a 3 -ring punch
• punch and file your existing .copy (be,sure to bring.it!)
If possible, I may try and find the time to go to the 30th Annual Planning
Institute for one day (next Monday or Tuesday) to attend the special "work -
shop they -will have on "How to Write a Zoning Ordinance ". You'd thin sent
would know by now,.but there is always more to learn and they might p
some excellent and proven ideas we should or could incorporate into ours.
We'll see.
Attached is the last letter (forgot to hand it out -on October 3) I sent to
Starr Scientific, explaining our sympathy but inability to do anything for
them at this'stagev I have heard nothing more so do not know if they will
t
go ahead and buy the land or no .
See you Thursday!
CC: Town Board
•
•
MEMORANDUM T0:
FROM:
October 15, 1968
4
Planning Board
Peter A. Curtiss
ti
Our regular meeting will be this Thursday at 8:00 P.M. in the Town Hall.
There is no formal subdivision hearing or any plans that I know of, so
hopefully we can spend the whole meeting on the simplified zoning ordinance.
We got a lot done at the special work session on October 3, especially on
that most important Permit section, and the end is�in sight& would be Board
wanted the revised ordinance by October ��• 1
told them
able to aim for the end of
impossible. However, it looks like we might be
November. .Fortunately, Mrs. Carol Sienko of Ellis Hollow has volunteered
her typing services on clean draft of revisions, etc. Already this has
been helpful, and it will definitely speed up the final draft-we will give
to the Town Board.
As usual, all Town Board members are welcome to attend any of our regular
meetings or work sessions on this ordinance.
I-am buying small notebooks for everyone to keep the revisions and
sordin ordinance
Up to date as we make corrections. Will also have a 3 -ring punch
• punch and file your existing .copy (be,sure to bring.it!)
If possible, I may try and find the time to go to the 30th Annual Planning
Institute for one day (next Monday or Tuesday) to attend the special "work -
shop they -will have on "How to Write a Zoning Ordinance ". You'd thin sent
would know by now,.but there is always more to learn and they might p
some excellent and proven ideas we should or could incorporate into ours.
We'll see.
Attached is the last letter (forgot to hand it out -on October 3) I sent to
Starr Scientific, explaining our sympathy but inability to do anything for
them at this'stagev I have heard nothing more so do not know if they will
t
go ahead and buy the land or no .
See you Thursday!
CC: Town Board
•
r�
TOWN OF DRYDEN PLANNING BOARD
October 3, 19680
Meeting Agenda
1. Brief explanation of background and current status of changes made to
simplify the zoning ordinance.
2. Discussion of
basic
premise of ordinance we must assume before going
further:
(a)
Will
the Zoning Board
of Appeals have
discretionary power
to decide whether
or not a use allowed
by permit can locate
in a
particular spot
in that zone.
(b)
If a
use allowed by
permit in a zone meets
all
the established
requirements ( ?), it
can locate anywhere within that zone.
3. Discussion on whether we have enough areas for commercial activity.
4. Specific discussion of RC Zone permitted uses and possible redesignation
of areas,
5. Other related topics:
(a) Will the Zoning Enforcement Officer play a
significant role? What decision - making
authority will he have?
(b) How will the Planning Board be involved with
the ordinance,