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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,