1 September 8, 2008 At a Regular Meeting of the ... - Town Of DeWitt

September 8, 2008 

At a Regular Meeting of the Town Board of the Town of DeWitt, Onondaga County, New York, 

held at the DeWitt Town Hall, 5400 Butternut Drive, DeWitt, New York, in said town on the 8 th 

day of September, 2008, commencing at 7:30 p.m.: 

The meeting was called to order by Edward Michalenko, Supervisor, and upon the roll being 

called the following were: 

PRESENT: 

Supervisor Michalenko, Councilors Andrews, Baker, Mannion, Scruton and 

Simonetta 

ABSENT: 

ALSO 

PRESENT: 

Highway Superintendent Maxwell, Attorney Scicchitano, Engineer Kolceski, 

Development and Operations Commissioner Robb, Tax Receiver Vasta, 

Comptroller Curulla, Planning Board Chairman Lazar 

MIN- 

UTES 

Motion by Councilor Andrews, seconded by Councilor Simonetta. 

RESOLVED, to accept the minutes of August 11, 2008 as presented by the Town Clerk. 

Adopted 5 Ayes 

1 Abstain – Mannion 

Motion by Councilor Andrews, seconded by Councilor Mannion. 

RESOLVED, to accept the minutes of September 2, 2008 as presented by the Town Clerk. 

RESI- 

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2 Abstain – Simonetta, Andrews 

Resident Annette Sperry of Frederick Street addressed the Town Board concerning a neighbor’s 

propane tanks and un-mowed lawn. Attorney Scicchitano reviewed the procedures taken to 

correct any code violations. 

The Supervisor recessed the meeting and called to order a public hearing at 7:35 to consider the 

abandonment of a town waterline easement. 

Proof of publication in the Syracuse Post-Standard dated August 29, 2008 was read and filed. 

The matter was presented and reviewed by Attorney Scicchitano. 

After a short discussion, the Supervisor closed the hearing. 

_________________________________________________________________ 

IN THE MATTER OF: 

TOWN OF DEWITT WATERLINE EASEMENT 

1

Abandonment of Town Waterline Easement 

to wit, the abandonment of 15 foot wide 

RESOLUTION/ORDER 

Town of DeWitt Waterline Easement 

Public Hearing authorizing 

Located on Part of Lots 4-A and 4-B, 

abandonment of easement 

Lands of West Willow Properties, LLC 

Town of DeWitt, County of Onondaga 

State of New York 

_________________________________________________________________ 

Councilor Scruton offered the following Resolution and moved for its adoption. 

Councilor Andrews seconded the motion. 

WHEREAS, the DeWitt Town Board, on its own motion and action, has, along with the 

Town Engineer, reviewed a survey print prepared by Moncrief Land Surveying, P.C. and a 

termination of easements and miscellaneous title documents that shows part of Lots 4-A and 4-B 

of lands owned by West Willow Properties, LLC and further reflects a 15 foot Town of DeWitt 

waterline easement that runs approximately 88.00 feet in length within the property’s 

boundaries; and, 

WHEREAS, the Town of DeWitt wishes to abandon said waterline easement that was 

granted to it by way of a Grant of Right of Way and Easement and filed in the Onondaga County 

Clerk’s Office in Liber 2694 of Deeds at Page 131; and, 

WHEREAS, the property owner, Willow Street Properties, LLC has recently acquired the 

property and owns all contiguous properties around said waterline easement and has a project to 

develop the entire parcel as part of the Weighlock Business Park which cannot be done as long 

as the Town has its permanent waterline easement; and, 

WHEREAS, the Town has previously abandoned all other portions of said waterline 

easement and this particular section is the last that the Town has to abandon; and, 

WHEREAS, the description of the portion of the waterline easement to be abandoned by 

the Town of DeWitt is as follows: ALL THAT TRACT OR PARCEL OF LAND situate in the 

Town of DeWitt, County of Onondaga and State of New York, being part of Lot 4-A and 4-B 

and more particularly described in a deed to the Town of DeWitt from the Village of East 

Syracuse dated January 25, 1979 and recorded in the Onondaga County Clerk’s Office in Liber 

2694 of Deeds at Page 131; and, 

WHEREAS, there is no cost to the Town; and, 

WHEREAS, the Town of DeWitt wishes to consider whether the abandonment of the last 

portion of said waterline easement is in the public interest and is at no cost to the Town; and, 

WHEREAS, the Town Board of the Town of DeWitt adopted an Order on August 11, 

2008 calling for a public hearing to be held in the Office of the Town of DeWitt at 5400 

Butternut Drive, DeWitt, on the 8 th day of September at 7:35 p.m. to consider whether to 

abandon the at no cost to the Town is in the public interest and to hear all persons interested in 

the subject thereof considering the same, and for such other action on the part of the DeWitt 

Town Board with relation to said abandonment as may be required by law; and, 

WHEREAS, the DeWitt Town Board caused notice of such public hearing to be 

published and posted as required by Town Law. 

NOW, THEREFORE, in accordance with Article 12 of the New York State Town Law, 

upon the evidence presented at the public hearing and upon the advice and recommendation of 

the Town Engineers, this Town Board does hereby resolve as follows: 

2

1. This is an unlisted action subject to the New York State Environmental Quality Review Act. 

The DeWitt Town Board appoints itself Lead Agency for the uncoordinated review of this 

action. There are no other involved agencies. In accordance with the regulations of the New 

York State Department of Environmental Conservation, there will be no significant adverse 

impact on the environment as a result of this action. The basis for this determination is that the 

action involves the abandonment of an existing waterline easement. Such abandonment will have 

no impact on the site and will not disturb any environmentally sensitive sites and will not cause 

any adverse environmental impact upon the air quality, vegetation, ground water or Town goals 

and objectives. 

2. The notice of the public hearing described above was posted and published as required by law 

and in all respects satisfactory. 

3. The public hearing was duly held. 

4. The Town Board authorizes the abandonment of the waterline easement that runs 

approximately 88.00 feet in part of Lots 4-A and 4-B of lands owned by West Willow Properties, 

LLC. The abandonment is in the public interest and presents no undue burden to the residents of 

the Town of DeWitt or the tenants of the Weighlock Park and is done at no cost to the Town. 

5. In the event this Resolution becomes effective, the Town Clerk shall file a certified copy of 

this Resolution/Order in the Office of the Onondaga County Clerk within ten (10) days of the 

effective date, pursuant to Town Law. 

6. The Town supervisor is authorized to execute, on behalf of the Town, all documents necessary 

to effectuate the abandonment of said waterline easement. 


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The Supervisor recessed the meeting and called to order a public hearing at 7:40 p.m. to consider 

Consolidated Water District, Contract No. 48 (South Street). 


The matter was presented and reviewed by Engineer Kolceski. 


_________________________________________________________________ 

IN THE MATTER OF: 

CONSOLIDATED WATER DISTRICT NO. 1, 

CONTRACT NO. 48 

SOUTH STREET 

RESOLUTION/ORDER 

The construction of improvements and/or 

after Public Hearing 

appurtenances to 

authorizing increase and 

Consolidated Water District Number 1, 

improvements of facilities 

to wit, water main and appurtenances, 

in the public interest 

Town of DeWitt, County of Onondaga 

State of New York 

_________________________________________________________________ 

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Councilor Andrews offered the following Resolution and moved for its adoption. 

Councilor Scruton seconded the motion. 

WHEREAS, the DeWitt Town Board, on its own motion and action, has caused a 

General Plan and Project Description (with maximum cost) and Financing Plan of proposed 

water main improvements to the Town of DeWitt Consolidated Water District No. 1, Contract 

Number 48, along South Street in the Hamlet of Jamesville in the Town of DeWitt, to be made 

by O’Brien & Gere Engineers, Inc., pursuant to Town Law Section 199; and, 

WHEREAS, said General Plan and Project Description (with maximum cost) and 

Financing Plan by O’Brien & Gere Engineers, Inc. related to said water main improvements, 

dated December 31, 2007 and revised on August 11, 2008 and bearing file number 

0123.42063.001, have been filed in the Office of the DeWitt Town Clerk; and, 

WHEREAS, the proposed water main improvements include the re-construction of 

approximately 1,200 linear feet of 6 inch diameter water main and appurtenances with a new 8 

inch diameter water main along South Street in the Hamlet of Jamesville, located within 

Consolidated Water District Number 1 in the Town of DeWitt, County of Onondaga State of 

New York. The proposed new facilities will replace the existing pre-1920 water mains and 

appurtenances prior to the construction of sanitary sewers by the Town of DeWitt; and, 

WHEREAS, it is anticipated the annual costs of the improvements will be assessed 

against the properties within Consolidated Water District Number 1 on an ad valorem basis. The 

2008 tax rate within Consolidated Water District No. 1 will be $0.30 per $1,000.00 of assessed 

valuation. It is estimated the 2009 tax rate within Consolidated Water District Number 1 will be 

$0.31 per $1,000.00 of assessed valuation. Therefore, the estimated total first year water tax for a 

typical $100,000.00 property will be approximately $0.31 per $1,000.00 of assessed valuation, or 

$31.00; and, 

WHEREAS, the Town of DeWitt, on its own motion, wishes to consider whether said 

improvement project is in the public interest at a maximum estimated cost of Two Hundred Forty 

Thousand and 00/100 ($240,000.00) Dollars; and, 

WHEREAS the Town Board of the Town of DeWitt adopted an Order on August 11, 

2008 calling for a public hearing to be held in the Office of the Town of DeWitt at 5400 

Butternut Drive, DeWitt, on the 8 th day of September, 2008 at 7:40 p.m. to consider; whether 

said improvement project within Consolidated Water District Number 1, subject to permissive 

referendum, whether the re-construction of approximately 1,200 linear feet of 6 inch diameter 

water main and appurtenances with a new 8 inch diameter water main along South Street in the 

Hamlet of Jamesville within Consolidated Water District Number 1 in the Town of DeWitt, 

County of Onondaga State of New York at a proposed maximum cost of Two Hundred Forty 

Thousand 00/100 ($240,000.00) Dollars, is in the public interest and to hear all persons 

interested in the subject thereof considering the same, and for such other action on the part of the 

DeWitt Town Board with relation to said improvements project as may be required by law; and, 

WHEREAS, the DeWitt Town Board caused notice of such public hearing to be 

published and posted as required by Sections 199 of the Town Law. 

NOW, THEREFORE, in accordance with Article 12 of the New York State Town Law, 

upon the evidence presented at the public hearing and upon the advice and recommendation of 

the Town Engineers, this Town Board does hereby resolve as follows: 

1. This is an unlisted action subject to the New York State Environmental Quality Review Act. 

The DeWitt Town Board appoints itself Lead Agency for the uncoordinated review of this 

action. There are no other involved agencies. In accordance with the regulations of the New 

4

York State Department of Environmental Conservation, there will be no significant adverse 

impact on the environment as a result of this action. The basis for this determination is that the 

action involves the re-construction and the installation of improvements in an area that has been 

previously approved for the construction of water improvements. Said improvements will not 

disturb any environmentally sensitive sites, will not disrupt any existing water services and will 

not cause any adverse environmental impact upon the air quality, vegetation, ground water or 

Town goals and objectives. 

2. The notice of the public hearing described above was posted and published as required by law 

and in all respects satisfactory. 

3. The public hearing was duly held. 

4. The Town Board accepts the Engineer’s General Plan and Project Description (with maximum 

cost) and Financing Plan, with revisions. The re-construction of the proposed water 

improvements hereinabove described are in the public interest and presents no undue burden to 

the District or to the Town at an estimated maximum project cost of Two Hundred Forty 

Thousand and 00/100 ($240,000.00) Dollars. 

5. This Order is subject to a Permissive Referendum as described in Article 7 of the Town Law. 

A Petition is sufficient if it is initialed and signed and acknowledged in the same manner as a 

Petition for improvements. A Petition must be filed within thirty (30) days of the adoption of this 

Order with the Town Clerk. 

6. The proposed water main improvements include the re-construction of approximately 1,200 

linear feet of 6 inch diameter water main and appurtenances with a new 8 inch diameter water 

main along South Street in the Hamlet of Jamesville, located within Consolidated Water District 

Number 1 in the Town of DeWitt, County of Onondaga State of New York. The facilities are 

shown on a General Plan and Project Description prepared by O’Brien & Gere Engineers, Inc., 

dated December 31, 2007 and revised on August 11, 2008 and bearing file number 

0123.42063.001 at a maximum estimated project cost of Two Hundred Forty Thousand and 

00/100 ($240,000.00) Dollars. 

7. SERIAL BONDS: 

Section 1. For the specific object or purpose of paying the costs incidental to the improvement 

of Consolidated Water District No. 1, Contract Number 48, within the Town of DeWitt, 

including engineering costs and the incidental improvements and expenses necessary in 

connection therewith, in the Town of Dewitt, Onondaga County, New York, the Town of DeWitt 

is hereby authorized to be issued Two Hundred Forty Thousand and 00/100 ($240,000.00) 

Dollars in Serial Bonds for the water main improvement project and related to the above water 

main improvement project, in the Town of Dewitt, Onondaga County, New York, pursuant to the 

provisions of Local Finance Law. 

Section 2. It is hereby determined that the maximum estimated cost of such specific object or 

purpose is $240,000.00 and that the plan for the financing thereof may be by issuance of the 

$240,000.00 Serial Bonds for the Town of DeWitt, in the Town of Dewitt, Onondaga County, 

New York, authorized to be issued pursuant to this bond resolution. 

Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific 

object or purpose is 40 years for the renovations to the water district, pursuant to Subdivision 1 

of Paragraph A of Section 11.00 of the Local Finance Law. It is hereby further determined that 

the maximum maturity of the Serial Bonds herein authorized will exceed five years. 

Section 4. Subject to the provisions of the Local Finance Law, the power to authorize this 

issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the 

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Serial Bonds herein authorized, including renewals of such notes is hereby delegated to the 

Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and 

shall be sold in such manner as may be prescribed by said Supervisor, consistent wit the 

provisions of the Local Finance Law. 

Section 5. The faith and credit of said Town of DeWitt, is hereby irrevocably pledged to the 

payment of the principal of and interest on such obligations as the same respectively became due 

and payable. An annual appropriation shall be made in each year sufficient to pay the principal 

of and interest on such obligations becoming due and payable in such year. There shall annually 

be levied on all taxable real property in said water district a tax sufficient to pay the principal of 

and interest on such obligations as same become due and payable. 

Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the 

Town of DeWitt, Onondaga County, New York, by the manual or facsimile signature of the 

Supervisor and a facsimile of its corporate seal shall be imprinted thereon and attested by the 

manual or facsimile signature of the Town Clerk. 

Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and 

awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for 

sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests 

of the Town of DeWitt, provided, however, that in the exercise of these delegated powers, he 

shall comply fully with the provisions of the Local Finance Law and any order or rule of the 

State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall 

be a full acquaintance to the purchaser of such bonds, who shall not be obligated to see the 

application of the purchase money. 

Section 8. All other matters, except as provided herein relating to such bonds, including 

prescribing whether manual or facsimile signatures shall appear on said bonds, appointing the 

fiscal agent or agents for said bonds, providing for the printing and delivery of such bonds (and if 

said bonds are to be executed in the name of the Town of DeWitt, by facsimile signature of its 

Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official 

of the Town of DeWitt, the date, denominations, maturities and interest payment dates, place or 

places of payment and also including the consolidation with other issues, shall be determined by 

the Supervisor). It is hereby determined that it is to the financial advantage of the Town of 

DeWitt, not to impose collect from registered owners of such Serial Bonds any charges for 

mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and 

accordingly, pursuant to Paragraph C of Section 70.00 of the Local Finance Law, no such 

charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the 

recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall 

otherwise be in such form and contain such recitals in addition to those required by Section 

52.00 of the Local Finance Law, as the Supervisor may determine. 

Section 9. The validity of such bonds and bond anticipation notes may be contested only if: 

(1) Such obligations are authorized for an object or purpose for which said water district 

is not authorized to expend money, or 

(2) The provisions of law which should be complied with at the date of publication of 

this resolution are not substantially complied with and an action suite or proceeding contesting 

such validity is commenced within twenty days after the date of such publication, or 

(3) Such obligations are authorized in violation of the provisions of the Constitution. 

Sections 10. This resolution which takes effect immediately pursuant to Section 35.00(b)(4) of 

the Local Finance Law and the Consent Order hereinbefore described, shall be published in full 

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in the Post Standard, the official newspaper, together with a notice of the Town Clerk in 

substantially the form provided in Section 81.00 of the Local Finance Law. 

8. The Town Clerk shall record a certified copy of this Order in the Office of the County Clerk of 

the County of Onondaga and duplicate certified copies of this Order (along with a copy of the 

Notice of Public Hearing) in the Office of the State Comptroller, within ten (10) days of its 

execution. 

9. The Town Attorney shall prepare and/or review the necessary documents and the Town 

Supervisor shall take whatever further action is necessary to effectuate the improvements. 

10. Upon this resolution taking effect, the Town Engineer is hereby directed to prepare more 

definite plans and specifications and with the assistance of the Town Attorney, prepare the 

contract for the execution of the work. 


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a proposed local law providing for comprehensive miscellaneous revisions to Chapter 192 of the 

Code of the Town of DeWitt (Zoning). 


The matter was presented and reviewed by Councilor Mannion, who reviewed the history of the 

town’s Comprehensive Plan and the revision of the town’s Zoning Code and map. 

Commissioner Robb reviewed changes in regard to curb cuts. 

Planning Board Attorney read aloud the recommendation of the Planning Board, dated August 

28, 2008, and requested that the Town Board consider its application to all the proposed local 

laws being considered. 

Planning Board Chairman Lazar spoke in favor of the proposed local law and noted various 

changes. 

A discussion followed. Issues addressed included: curb cuts; the size of driveways; the paving of 

front yards; and the how grandfathering would apply to existing structures. 


Motion by Councilor Mannion, seconded by Councilor Andrews. 

RESOLVED, that the following findings are adopted in connection with and subsequent to the 

public hearing for proposed local law proving for comprehensive miscellaneous revisions to 

Chapter 192 of the Code of the Town of DeWitt (Zoning): 

1. This Board finds with respect to SEQRA that an environmental impact statement was 

prepared and that be no negative environmental impact will be caused by these modifications to 

the Zoning Code in as much as: 

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a. The code changes themselves do not impact the environment; 

b. Any building that might be built or modified pursuant to these code changes, when 

implemented in the context of the entire Code, will not negatively impact the 

environment. With respect to impact on neighborhoods; any impact is expected to be 

positive and/or minor. 

c. These are simple modifications to improve the implementation of the Code. In some 

instances, with curb cut modifications as an example, storm water quality is actually 

improved and therefore better for the environment. 

Accordingly, this Local Law is adopted with a negative SEQRA Declaration. 

2. This Board takes note of the positive recommendation of the Planning Board of the Town 

of DeWitt made by resolution adopted August 28, 2008, and incorporates said resolution into 

these findings. 

3. This Board takes note of the findings of Syracuse Onondaga County Planning Agency 

which found no negative countywide impact countywide with respect to this legislation. 

4. Many of the matters addressed in this legislation are “cleanup” items, including 

typographical errors and clarification of Local Law #6 of the year 2007, which was adopted as a 

comprehensive overhaul of the prior zoning code. 

5. Other sections of this legislation assist the Town in moving toward full effectiveness of the 

new Zoning Code, as well as the Comprehensive Plan of the Town. 

6. Many of the changes in this legislation have come from a careful re-review of Local Law 

#6 of the year 2007 and further public input, resulting in modifications to the Zoning Code which 

address rear and side yard setback issues in a residential zone, curb cuts and other such 

improvements. 

7. This Local Law and the modifications to the Zoning Code therein are generally minor 

and come with the recommendation with the Zoning Update Committee following its study of 

these matters. 


Motion by Councilor Mannion, seconded by Councilor Andrews. 

Town of DeWitt 

Local Law #6 of the Year 2008 

A Local Law providing for Comprehensive Miscellaneous Revisions to 

Chapter 192 of the Code of the Town of DeWitt (Zoning) and Related Codes 

Be it enacted by the Town Board of the Town of DeWitt as follows: 

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Section 1. Title. 

This local law shall be referred to as "A Local Law providing for Comprehensive Miscellaneous 

Revisions to Chapter 192 of the Code of the Town of DeWitt (Zoning) and Related Codes ". For 

reference, Chapter 192 was recently fully revised and adopted on January 1, 2008 pursuant to Town 

of DeWitt Local Law # 6 of the year 2007. 

Section 2. Purpose and Intent. 

Pursuant to the statutory powers vested in the Town of DeWitt (also referred to herein as the 

"Town") to regulate and control land use and to protect the health, safety and welfare of its residents, 

the Town Board of the Town of DeWitt adopted a Comprehensive Plan in 2002 and in said Plan 

authorized a thorough updating of the 1967 Zoning Ordinance and related land use portions of the 

DeWitt Code. By Town of DeWitt Local Law # 6 of the year 2007, the Town of DeWitt 

implemented the Comprehensive Plan, which Local Law repealed Chapters 3,37,86,97,114,130,151, 

167 and 192 of the Code of the Town of DeWitt in their entirety and adopted a new, re-enacted 

Chapter 192. As part of the dictate of the Comprehensive Plan of the Town, the Town also undertook 

a thorough review of the zoning districts of the town and ultimately adopted Town of Dewitt Local 

Law # 3 of the year 2008. The Zoning Update Committee, appointed by the Town Board to make 

recommendations relative to the adoption of the two above-mentioned Local Laws, continued its 

work in reviewing zoning code sections which were adopted as part of Local Law # 6 of the year 

2007 to determine their appropriateness and effectiveness. The Zoning Update Committee also 

reviewed the newly-enacted code sections for inadvertent and/or unintended effects of language and 

grammar utilized in the local law, as well as for typographical errors. The result of said study was 

presented to the Board for consideration with the resulting code section modifications and changes as 

set forth herein. The changes, modifications and additions to the Zoning Ordinances of the Town as 

set forth herein are the continuation of meeting the goals of the Comprehensive Plan of the Town in 

developing a comprehensive, updated and orderly Zoning Code for the Town. 

Section 3. 

The following sections shall be added to Chapter 192 of the Code of the Town of DeWitt, "Zoning": 

§192-64.1 Business Overlay District. 

A. Purpose. In order to alleviate the effects of the restrictive nature of the allowed use of restaurants 

in certain High Tech Districts within the Town, and to promote the best interest of good planning 

so as to reduce these restrictions in those areas, this procedure is established to modify said uses. 

(1) Any property owner, meeting the following criteria, may apply to the Department to 

implement the Business Park Overlay to their property: 

(a) The property is a single lot or made of contiguous lots (hereinafter the “Land”) located in a 

High Tech District consisting of a minimum of 40 acres of land usable for development, 

excluding wetlands and floodplains. 

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(b) The owner of the Land has applied for and substantially begun, or completed the 

subdivision process. 

(c) The access to the development is controlled by a traffic light. 

(d) The proposed development and buildings on the Land shall be complementary in 

architecture and shall substantially comply with an overall architectural theme established 

in the site plan review process. 

(2) The Department will forward the application to the Planning Board with its recommendation 

and any conditions or restrictions it suggests. The Planning Board, taking into account the 

Department's recommendation, will forward its recommendation to the Town Board. 

(3) Taking into account the status of the project in the design, approval and construction process, 

the Planning Board may include in its recommendation that the construction of the restaurant 

may not begin until a certain number of buildings, square footage of buildings or other 

measurement of progress in the overall development of the subdivision has been attained. The 

purpose of providing a restaurant facility on the Land is to allow the occupants of the Land the 

convenience of nearby eating facilities, and the availability of the restaurant to the outside 

public is a secondary benefit. 

(4) Upon the favorable recommendation of the Planning Board, the Town Board may hold a public 

hearing and enact, deny or modify the application for the Land to be included in the Business 

Park Overlay District. 

(5) Upon approval by the Town Board and the inclusion of the Land in the Business Park Overlay 

District, up to a maximum of two non fast- food sit down restaurant facilities will be allowed 

on the Land, so long as no drive-through is included. 

§192-14 Definitions. 

MIXED USE - A development or redevelopment that allows for two or more principal uses in any 

contiguous lots, in a single building or on a single lot which includes residential and commercial uses 

and complies with the following: 

A. Contains at least 10 acres of land that can be utilized for buildings, not including land used 

for storm water management, wetlands and floodplains. 

B. Residential uses as utilized in Mixed Use shall mean 

1. Single family dwelling 

2. Nursing home 

3. Residential care facility 

4. Family adult day care home 

C. Residential single family dwellings may be attached or detached units. If the dwellings are 

attached, groupings of units shall be limited to no more than four per building. No second or 

higher floor units are allowed unless they are part of a first floor unit. 

D. Commercial uses as utilized in Mixed Use shall mean all those uses allowed in the district in 

which the land is located, with a single building size not exceeding 25,000 square feet. 

§192-44 Permitted structures and uses. 

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Z. Single family dwelling, if part of a Mixed Use subdivision 


GG. 

HH. 

II. 

JJ. 

Nursing Home, if part of a Mixed Use subdivision 

Residential Care Facility, if part of a Mixed Use subdivision 

Family Adult Care, if part of a Mixed Use subdivision 

Single family dwelling, if part of a Mixed Use subdivision 


Y. Residential Care Facility, if part of a Mixed Use subdivision 

Z. Single family dwelling, if part of a Mixed Use subdivision 


GG. 

HH. 

Residential Care Facility, if part of a Mixed Use subdivision 

Single family dwelling, if part of a Mixed Use subdivision 


TT. Nursing Home, if part of a Mixed Use subdivision 

UU. Residential Care Facility, if part of a Mixed Use subdivision 

VV. Family Adult Care Facility, if part of a Mixed Use subdivision 

WW. Single family dwelling, if part of a Mixed Use subdivision 

§192-77 Mixed use. 

Mixed use developments shall be subject to the following requirements: 

A. Portions of buildings designated and approved for commercial purposes shall not be used for 

dwelling purposes and portions of buildings designated and approved for dwelling purposes shall 

not be used for commercial purposes. 

B. Dwelling units in any residential district shall not be converted or altered to allow other uses. 

C. This provision shall not be deemed to prohibit the use of a portion of the building or structure as 

living quarters for caretakers or attendants of places of worship or institutions where such uses 

are authorized in any zoning district. 

D. The procedure outlined in section §164-10 Modifications of zoning provisions; cluster 

development, shall be utilized as provided for in New York State Town Law §278. The 

restriction in §164-1 0 C-(1) that it only applies to residential districts is removed as it applies to 

Mixed Uses. 

E. Overall project density shall be based on the blended density parameters described herein in 

consultation with the Planning Board prior to preliminary Site Plan and Subdivision preparation. 

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Commercial density is generally limited to 20% building coverage of its allocated share of 

project lands. Residential density is generally limited to four (4) dwelling units per acre of its 

allocated share of project lands. 

F. The Planning Board may, in addition to modifying the building bulk, placement and height rules 

as provided for in NY State Town Law §278, modify the parking requirements in a Mixed use 

development in accordance with the following: 

1. Reduce the parking count upon findings that the uses contemplated have utilization patterns 

that would allow adequate parking through the use of shared parking. 

2. Off-site parking as described in §192-1 03 E-(l) may be anywhere within the subdivision upon 

findings by the Planning Board that it can be utilized practically. 

3. Reserve parking, as described in §192-1 03 E-(2) and limited to office use, may be expanded 

to include all uses authorized within the district in which the subdivision is located except for 

restaurants upon findings by the Planning Board that adequate parking will be provided. 

4. On street parking can be utilized to satisfy parking counts upon approval of the Town Engineer 

and the Department. 

G. Mixed Use is intended to provide a development where residential and commercial uses are 

integrated into a pedestrian-friendly neighborhood. Project amenities that address this objective 

include but are not limited to: 

Section 4. 

1. Sidewalks throughout the subdivision, including walkways within parking lots 

2. Architectural street lighting and furniture 

3. Consistent architectural theme throughout 

4. Extensive landscaped and green areas with feature areas for pedestrian and public use 

5. Clustering of buildings which will allow for large areas for walks, pathways and recreational 

areas, as well as connections to adjoining properties and nearby uses and facilities. 

The following language shall be added to the Code of the Town of DeWitt at the end of paragraph B, 

Chapter 172-7 Collation Requirements: 

“Additionally, the necessary land to accommodate the equipment of said additional users shall be 

under the control of the applicant. This control may be through ownership, lease or contract with a 

period of time no less than the control the applicant has over the land used for the equipment for 

subject application.” 

Section 5. 

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The following modifications shall be made to the Code of Town of DeWitt, Chapter 192 “Zoning": 

A. In §192-42 H, §192-46 H, §192-50 H, and §192-54 H, relating to lot area and yard 

regulation, the existing paragraph is replaced with the following language: 

“Height: There shall be no limit on the height of structures, except that the yards shall be 

increased such that no structure shall be higher than any plane from the lot lines inclining 

upward at a slope of one foot vertically for each one foot horizontally, until the horizontal 

distance is greater than or equal to 40 feet” 

B. In §192-67-B Animal day care, kennel or shelter, the existing paragraph is replaced with the 

following language: 

“Fenced areas are not permitted within 50 feet of any side or rear property line and/or in a 

front yard.” 

C. In §192-68-B Animal hospitals, veterinary clinics, the existing paragraph is replaced with the 

following language: 

“Fenced areas are not permitted within 50 feet of any side or rear property line and/or in a 

front yard.” 

D. In §192-103-D Required parking spaces schedule, the existing entries for “stores and 

shopping centers” are replaced with the following language: 

o-50,000 square feet of gross floor area 

1 for each 150 square feet of gross floor area 

50,000 - 150,000 square feet of gross floor area 333, plus 1 for each 165 square feet of gross 

floor area in excess of 50,000 square feet 

150,000 - 400,000 square feet of gross floor area 939, plus 1 for each 270 square feet of gross 


400,000 square feet of gross floor area and up 1865, plus 1 for each 285 square feet of gross 


E. §192-94 Corner lots, is modified as follows: 

1. Preface the existing paragraph B with the words: “ Except as provided below," 

2. Add the following as paragraph D: 

“D. Where the corner lot is not in a residential district, but abuts a residential district, each 

yard not abutting a street but abutting a residential district shall be considered a rear yard.” 

F. §192-106 Signs, is modified as follows: 

1. The existing paragraph I (1) is replaced with the following language: 

13

“(1) One (1) commercial real estate sign per street frontage, on the subject lot for which a 

property or building sale or lease is available, subject to the following: 

(a) In residential districts, for residential uses and for all commercial property within 

an existing or occupied office park, shopping center or other multitenant facility, 

the sign(s) shall be less than four (4) square feet. 

(b) For other commercial uses not listed above, the sign(s) shall be less than sixteen 

(16) square feet. 

(c) All real estate sale or lease signs shall be removed within seven (7) days of sale or 

lease.” 

2. The existing paragraph I (2) is replaced with the following language: 

“(2) One (1) construction or renovation sign per property, no greater than thirty-two (32) 

square feet per side, identifying the participants. Said sign is only allowed if the work 

in question was subject to Site Plan Review by the Planning Board. Such sign shall be 

removed at the termination of the construction project.” 

G. §192-107 Excavations, site grading and filling, is modified as follows: 

Section 6. 

1. The title of §192-107 is changed to: “Excavations, site grading, filling and clearing”. 

2. Add the following as paragraph C: 

“C. Clearing of land shall be regulated as follows: 

1. Clearing is defined as the removal of living trees. Not included in clearing is the 

selective removal of trees as part of an approved forest management plan, the 

removal of dead trees or those trees posing a hazard, or the pruning of trees. 

2. In all non-residential districts and residential R3 districts, a Development Permit is 

required in order to clear land. 

3. In other residential districts, an owner is required to obtain a Letter of 

Determination from the Department prior to the clearing of his lot. 

4. In all non-residential districts and residential R3 districts, site plan review by the 

Planning Board is required in order to clear land.” 

The following shall be added to the Code of the Town of DeWitt, Chapter 161 "Streets and 

Sidewalks": 

Article IV 

14

§161-21. Purpose. 

The Town of DeWitt has an interest and a responsibility to control the number, location, and 

dimensions of motor vehicle curb cuts. Such control is important to promote the health and safety of 

the Town's pedestrians, cyclists, and motorists. Limiting the amount of impervious surfaces on lots 

and Town rights-of-way will help to improve the management of stormwater quality and quantity. 

Uniform curb cuts and other improvements in Town rights-of-way will facilitate compliance with 

Americans with Disabilities Act requirements. 

§161-22. Definitions. 

For the purposes of this policy the following words, phrases, and terms shall have the meanings 

given herein. 

Curb Cut - The improved area of a public right-of-way plus ten (10) feet of the abutting lot used for 

the movement of vehicles and equipment between the right-of-way and lot which meets the design, 

construction and maintenance standards of the Town of DeWitt. 

Department - The Department of Development & Operations of the Town of DeWitt. 

Highway Department - The Highway Department of the Town of DeWitt. 

Highway Superintendent - The elected manager of the Town Highway Department. 

Highway Work Permit - An application provided by the Highway Department that, if approved, 

permits construction in the public right-of-way or within ten (10) feet of a right-of-way. 

Motor Vehicle - "vehicle" - A self-propelled wheeled conveyance such as a car or truck that 

does not run on rails and including any towed trailer used to transport goods or equipment. 

Person - Any person, firm, partnership, association, corporation, company, or organization of any 

kind. 

Public Road - All the land located within the boundary lines of any property owned or maintained 

for highway purposes by the Town or other government located in the Town, including any right-ofway. 

The "highway" includes a street, avenue, road, square, place, alley, lane, boulevard, concourse, 

parkway, driveway, overpass and underpass, and also includes all items appurtenant thereto, 

including but not limited to bridges, culverts, ditches, tree lawns, shoulders, and sidewalks. 

Town - Town of DeWitt. 

Town Engineer - The engineer duly appointed by the Town Board serving in the capacity of Town 

Engineer. 

§161-23. Application of Rules. 

These rules apply to lots and public roads and lands in the Town. The guidelines listed below are 

intended to assist the Highway Department and Department in applying uniform guidelines to the 

review, permitting and construction of new, modified, or repaired curb cuts, driveways or parking 

lots or areas along public roads. These guidelines do not replace other requirements of the Code, 

which shall be controlling if inconsistent. Existing curb cuts, driveways, parking areas or lots, and 

public roads may remain until such time that repair, replacement or enlargement is proposed in which 

case said curb cuts, driveways, parking areas or lots shall be brought into conformance with this 

guideline to the maximum extent practical. Nothing shall prevent the improvement of a public road 

or right-of-way by a government to the specifications in these guidelines provided reasonable 

accommodation is made to integrate public improvements with that existing on abutting private land. 

§161-24. Procedure. 

15

Effective immediately, any person intending to establish or modify a curb cut, driveway or parking 

area or lot for a residence shall first submit a Highway Work Permit application with an accurate 

survey and other plans that fully explain and depict the proposal to the Highway Department. The 

Highway Department shall immediately forward a copy of the application to the Department for 

review and recommendation. Once such recommendation is received the Highway Department may 

approve, modify or disapprove the Highway Permit application. If the application is disapproved, the 

applicant shall be given written explanation of the decision within six (6) business days of the 

decision date. An appeal of any decision of the Highway Department pursuant to this Chapter shall 

first be directed to the Department who, together with the Town Engineer and Highway 

Superintendent, will issue their majority decision within fourteen business days. An affected 

applicant may appeal the determination of the three-member review committee to the Town Zoning 

Board of Appeals following the rules of Appendix A196 of this Code. 

§161-25. Rules. 

1. One curb cut is allowed per lot unless additional curb cuts are permitted through Site Plan 

Review by the Town Planning Board pursuant to Chapter 192. One additional curb cut is 

permitted for a single-family residence with 150 feet or more of frontage and two or more acres of 

land or for a two-family dwelling. 

2. The width and alignment of the curb cut shall be determined by the parcel's garage or parking area 

or lot at the time of the highway modifications or application for a new curb cut. 

3. Single and Two-Family Dwellings 

(a) The curb cut shall be no wider than ten (10) feet at the throat or beginning of the driveway for a 

one-vehicle-door garage or eighteen (18) feet for a two-or- more-vehicle-door garage and shall 

be aligned at a 90-degree angle from the road to the maximum extent possible. 

(b) Curb cuts shall be located sufficiently far from intersections, curves in roads and crosswalks to 

provide sufficient site distance appropriate to the road based on New York State highway 

access minimum site distances. 

(c) A five (5) foot radius shall be provided on both sides of the curb cut as it meets the road. 

(d) Curb cuts, driveways, and parking areas or lots shall be located eight (8) feet or more from the 

side, front and rear property line(s). 

(e) Driveways shall maintain a uniform width extending directly from the curb cut radius into the 

lot and toward a garage or parking lot or area and only widening to the width of a garage door 

or to a parking area within twenty feet of the door or area. 

(f) Driveways should be graded and paved to allow uninterrupted use of sidewalks. 

(g) One improved parking area or turnout may be located in conjunction with the driveway. Such 

area may be no greater than twelve (12) feet wide by eighteen (18) feet long. It shall be located 

on the side-yard side of the garage. 

16

(h) Residential curb cuts, driveways and parking areas may be paved with all-weather pavement 

materials or approved gravel. 

(i) Paving or otherwise modifying a public road beyond that allowed in this Chapter is prohibited. 

4. For other than single and two-family dwellings, curb cut design and construction rules shall be 

provided through Site Plan Review as provided in Chapter 192. 

§161-26. Permit Required. 

A. Highway Work Permit prescribed by the Highway Department is required for any construction or 

modification of land within a public road or within ten (10) feet of the public road. 

§161-27. Fees and Deposits. 

An application fee of $30 and a $200 security deposit to guarantee the completion of work authorized 

in a Highway Work Permit shall be presented with the application. 

§161-28. Penalties. 

Any conviction for a violation of this article or of any regulation or provision hereof shall be 

punishable by a fine not to exceed $100. A second conviction shall be punishable by a fine not to 

exceed $200. A third conviction shall be punishable by a fine not to exceed $500 or imprisonment for 

fifteen (15) days, or both. 

Section 7. 

The Table of Contents of Chapter 192 of the Code of the Town of DeWitt shall be modified to add 

the following to Article XV Overlay District: 

"192-64.1 Business Overlay District" 

Section 8. 

§192-10 shall be replaced with the following language: 

“§192-10. Districts established. 

For the purpose of promoting the health, safety, morals and general welfare of the community, the 

Town of DeWitt, outside of the Village of East Syracuse, is hereby divided into the following classes 

of districts: 

A. Residential R-O District 

B. Residential R-1 District 

C. Residential R-1-A District 

D. Residential R-3 District 

E. Residential R-3 District 

17

F. Special Business Transitional District 

G. Hamlet District 

H. Business Transitional District 

I. Business District 

J. Office and Professional District 

K. High Tech District 

L. Industrial District 

M. Overlay District 

(1) Business Park Overlay District 

(2) Hamlet Residential Overlay District” 

Section 9. 

The invalidity of any provision of this Local law shall not affect the validity of any other provision of 

this Local Law that can be given effect without such invalid provision. 

Section 10. 

This local law shall take effect immediately upon filing in the Office of the Secretary of State. 

Upon the Town Board being polled, the votes were as follows: 

Supervisor Michalenko 

Councilor Andrews 

Councilor Baker 

Councilor Mannion 

Councilor Scruton 

Councilor Simonetta 

Aye 

Aye 

Aye 

Aye 

Aye 

Aye 

The motion having passed, the local law was enacted. 

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2008 

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VEHI- 

CLE 

STOR- 

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a proposed local law concerning residential vehicle storage. 


Interested persons in attendance included approximately 20 residents. 

The matter was presented by Commissioner Robb. He reviewed the history of attempts to 

regulate vehicles in residential districts, the proposed law, and explained the proposed overlay 

district. 

A lengthy discussion followed. Issues addressed included: the overlay district; the burden being 

on the individual homeowners to petition for the overlay district; the size of lots; costs; 

enforcement; education of the residents; prior hearings on the subject; and the timing for 

implementation. 

18

Supervisor Michalenko stated that he wanted the town to conduct a survey of the residents 

concerning the proposed changes and to delay the implementation of the proposed local law 

pending the results. 

Chairman Lazar stated that most residents want the law and proposed passing it now. He stated 

that the law gives many months for residents to bring their own vehicle storage into compliance. 

Residents Carl Masten, Peg Solano, Don Chadron, Clara Rogers, Mary Elmer, and Herb 

Silvestre spoke in favor of passing the proposed local law. 

Resident Sylvia Matusek spoke in favor of the law and asked about enforcement in regard to 

private covenants. 

Hope Cunningham asked what would happen if a resident’s only vehicle was an RV. 

Councilor Baker questioned if there would be sufficient time for education of the residents 

concerning the law and if some provision would be made for “hardship” cases. 

Councilor Simonetta stated his opposition to postponing consideration of the proposed local law. 

Councilor Scruton stated her support, saying that the increased size of vehicles requires action to 

regulate their storage. 

Councilor Andrews stated that the larger part of the community would be served by enacting the 

proposed local law. 

Councilor Mannion supported reviewing the matter further before acting. 

The prior reading of the recommendation of the Planning Board dated August 28, 2008 was 

noted and made part of the hearing. 

After the lengthy discussion, the Supervisor closed the hearing. 

Motion by Councilor Simonetta, seconded by Councilor Andrews. 


public hearing concerning the proposed local law entitled “A Local Law Regarding Residential 

Vehicle Storage and Overlay District”: 


prepared and noted no negative environmental impact by reason of these modifications to the 

Zoning Code inasmuch as: 

a. The code changes themselves do not impact the environment. 

b. Any action that may be taken pursuant to these code changes, when implemented in 

the context of the entire Code, will not negatively impact the environment. 

19

c. Action taken pursuant to this code section will improve the environment by reducing 

visual clutter and the overuse of green space in neighborhoods. 



of DeWitt made by resolution adopted August 28, 2008, and incorporates said resolution into 

these findings. 


which found no countywide negative impact with respect to this legislation. 

4. The public comment on this legislation was mostly, if not totally, in favor of the passage 

of the legislation. 

5. This legislation addresses the longstanding and ongoing issue of the proliferation of 

recreational and commercial vehicle storage in residential neighborhoods. 

6. This Board finds that the residents of the Town have one (1) year pursuant to this 

legislation to comply with the code or make other arrangements for storage of non-complying 

vehicles. Also, the legislation provides a method for neighborhoods to opt out of or be exempt 

from the effects of the legislation. 

7. This Local Law comes with the recommendation with the Zoning Update Committee 

following its study of these matters. 




Local Law # 7 of the Year 2008 

A Local Law Regarding Residential Vehicle Storage and Overlay District 


Section 1. Title 

This local law shall be referred to as "Local Law Regarding Residential Vehicle Storage and Overlay 

District". 

Section 2. Purpose and Intent. 



20




implemented the Comprehensive Plan which Local Law repealed Chapters 3, 37, 86, 97, 114, 

130,151, 167 and 192 of the Code of the Town of DeWitt in their entirety and adopted a new, 

reenacted Chapter 192. As part of the dictate of the Comprehensive Plan of the Town, the Town also 

undertook a thorough review of the zoning districts of the town and ultimately adopted Town of 

DeWitt Local Law # 3 of the year 2008. The Zoning Update Committee appointed by the Town 

Board to make recommendations relative to the adoption of the above two mentioned Local Laws 

continued its work in reviewing zoning code sections which were adopted as part of Local Law # 6 

of the year 2007 to determine their appropriateness and effectiveness. Additional matters which were 

raised during the public comment period for adoption of Local Law # 6 of the year 2007 were also 

reviewed during this time by the Zoning Update Committee. One of the areas which were studied 

was that of Residential Vehicle Storage. The result of said study was presented to the Town Board 

for consideration with the resulting code section modifications and changes as set forth herein. 

Section 3. Legislative Findings. 

The need to regulate the storage of oversized and recreational vehicles in residential areas of the 

town has long been a concern of the Town. This legislation imposes restrictions on the storage of 

such vehicles to maintain the quality of the neighborhoods in the town. The Board finds that the 

majority of the public in the town supports the proposition that residential neighborhoods should not 

be encumbered by the outdoor visual burden of oversized vehicles being stored at residences. At the 

same time, this legislation recognizes that some neighborhoods, as a whole, may find it appropriate 

to their neighborhoods and the lifestyle of their neighbors to allow for rules different from the town 

as a whole. Accordingly, this legislation provides for overlay districts that would relieve 

neighborhoods from such restrictions if the overlay is properly enacted. This legislation is in 

furtherance of meeting the goals of the Comprehensive Plan of the Town in addressing areas of 

concern to residential neighborhoods and developing a comprehensive, updated and orderly Zoning 

Code for the Town. 

Section 4. 

The following section is deleted from Chapter 192 of the Code of the Town of DeWitt “Zoning”: 

§192-105 A. (3) 

Section 5. 

The following sections shall be added to Chapter 192 of the Code of the Town of DeWitt, "Zoning": 

§192-79.1 Residential Vehicle Storage. 

A. No commercial or recreational motor vehicle, other machinery or equipment shall be parked or 

stored out of doors in residential districts except in the rear yard within five (5) feet of the 

principal dwelling, within the extended lines from the sides of the residence, and no closer than 

five (5) feet to the side or rear property lines. 

21

1. Exceptions: 

(a) A recreational vehicle may be parked on a driveway up to ten (10) days during any 

calendar year. This can be a single vehicle for ten days or multiple vehicles but only for a 

total of ten "recreational vehicle days", i.e. the sum of the number of recreational vehicles 

times the number of days each is stored shall not exceed ten (10). 

2. Personal use vehicles for the regular and continuous use of a resident shall be parked on an 

approved paved driveway or in a garage in a residential district. 

3. The following commercial motor vehicles for the regular and continuous use of a resident may 

be parked on an approved paved driveway or in a garage or other shelter in a residential 

district: vehicles of less than ten thousand (10,000) pounds vehicle weight and no more than 

two (2) axles and six (6) tires. 

B. §192-79.1 Residential Vehicle Storage shall become effective January 1, 2010. 

§192-79 Storage of junk motor vehicle, equipment and unlicensed vehicles. 

B. In a residential district, unless stored inside a building, the keeping of unlicensed motor vehicles in 

operating condition or junk motor vehicles or equipment is not allowed. 

§192-64.2 Residential Vehicle Storage Overlay District. 

A. Purpose. In order to address the issue that residential vehicle storage, as addressed in §19279.1, 

may be too restrictive in certain residential district areas within the Town where a neighborhood 

may benefit from a more relaxed standard as relates to residential vehicle storage, and in order to 

address the best interests of good planning to reduce certain restrictions relating to residential 

vehicle storage in those areas, this procedure has been established. 

(1) Owner-occupants of single family dwellings in a residential district may apply to the 

Department for the establishment of a Residential Vehicle Storage Overlay District which will 

affect contiguous properties as defined below. The application must include the signatures and 

addresses of no less than fifty (50) owners of owner-occupied single family dwellings in a 

contiguous area. If there is more than one (1) owner of any one such dwelling who signs the 

application, only one (1) signature shall count as one (1) of the required fifty (50) owneroccupant 

signatures. 

(a) The Department will forward the application to the Planning Board with its 

recommendation of the minimum area to be included in the proposed Overlay District 

(hereinafter the "Excluded Area"). 

(b) The Planning Board, taking into accounts the Department's recommendation, will propose 

an initial minimum boundary of the Excluded Area. The following criteria shall be 

considered by the Planning Board: 

i. Properties to be included shall be contiguous and generally share common 

characteristics, goals for aesthetics and economics, i.e., a neighborhood. 

22

ii. 

iii. 

The boundaries of the Excluded Area shall follow street centerlines or prominent 

natural boundaries, and include whole blocks. 

All contiguous properties to the boundaries will be included. A minimum of one 

hundred (100) lots with occupied homes is required for an Excluded Area, unless a 

lesser quantity is clearly dictated by prominent natural or manmade boundaries. 

(c) The Planning Board will hold an informational hearing on the proposed Excluded Area. 

Each dwelling, including those within three hundred (300) feet of the proposed boundaries, 

will be notified of the meeting. Taking into consideration the results of the informational 

hearing, the Planning Board will define the proposed Excluded Area. 

(2) Thereafter, no less than fifty-one percent (51%) of the residential properties in the proposed 

Excluded Area shall petition the Town Board. The Town Board may hold a public hearing 

following the submission of a Planning Board recommendation and enact, deny or modify the 

Residential Vehicle Storage Overlay District for the Excluded Area. 

(3) If the Town Board establishes said Overlay District, the following shall be applicable to that 

Excluded Area: 

Section 6. 

(a) §192-79.1 shall not apply. 

(b) The keeping of unlicensed motor vehicles in operating condition or junk motor vehicle or 

equipment may be permitted if the following conditions are met: 

i. Junk motor vehicle, seasonal vehicle or equipment is stored inside a building; or 

ii. For the temporary outdoor storage for less than six months in one year of one (1) 

operable unlicensed motor vehicle, seasonal vehicle or equipment on an approved 

driveway or related apron 

. 

(c) Personal-use commercial vehicles less than 22 feet in length and recreational vehicles may 

be parked or stored indoors or in the front yard or side yard, provided the vehicles are: 

i. Located on a permitted driveway or related apron no closer than five (5) feet to a fully 

screened property line nor further than five (5) feet from the house; and 

ii. Are inspected, registered and licensed. 


the following to Article XV, Overlay District: 

"192-64.2 Residential Vehicle Storage Overlay District" 

Section 7. 


the following to Article XV, Overlay District: 

23

"192-79.1 Residential Vehicle Storage" 

Section 8. 

Article II, Establishment of Districts, § 192-10 of the Code of the Town of DeWitt shall be modified 

to add the following: “M (3). Residential Vehicle Overlay District”. 

Section 9. 

The invalidity of any provision of this Local Law shall not affect the validity of any other provision 

of this Local Law that can be given effect without such invalid provision. 

Section 10. 


The Town Board being polled, the vote was as follows: 







Aye 

Aye 

Aye 

Nay 

Aye 

Aye 

The motion having passed, the local law was enacted. 

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a local law concerning energy conversion systems. 


The matter was presented by Planning Board Chairman Lazar who reviewed the history of the 

Town Code’s regulations concerning energy, noted the recommendation of the Planning Board, 

explained the proposed local law, and addressed the aesthetics of the vertical style of windmills. 

Supervisor Michalenko spoke in favor of being “more open” to horizontal windmill technology, 

stating that it is more efficient. 

A discussion followed concerning windmill technology and aesthetics. 

Resident David Halloran spoke in opposition to horizontal-style windmills as aesthetically 

objectionable. 

Resident William LaBeau stated that more research is needed. 

24

DCC Chairman Gordon Heisler expressed his concern that the town both promote, yet properly 

control, the means of producing renewable energy. 

After a lengthy discussion, the Supervisor closed the hearing. 

Motion by Councilor Andrews to enact the proposed local law. There was no second to the 

motion. 

Councilors Baker, Scruton and Simonetta asked to defer the vote so that further information 

could be assembled. 

Councilor Andrews withdrew his motion. No further action was taken by the Board. 

PUB. 

HRG: 

LL#8- 

2008: 

ZON- 

ING: 

J- 

VILLE 

HAM- 

LET 

PRO- 

VI- 

SIONS 


a proposed local law concerning zoning provisions for the hamlet of Jamesville. 


The matter was reviewed by Attorney Sutphen and Planning Board chairman Lazar. An 

overview of the changes to the code was presented. The Planning Board Resolution of August 

28, 2008 was noted. 

Councilor Baker praised the process which had allowed for significant input from the 

community. 


Motion by Councilor Mannion, seconded by Councilor Baker. 


public hearing concerning the proposed local law entitled “Hamlet Zoning Provisions”: 




a. The code changes themselves do not impact the environment. 

b. Any action that may be taken pursuant to these code changes, when implemented in 

the context of the entire Code, will not negatively impact the environment. 

c. Action taken pursuant to this code section will improve the environment. 



of DeWitt by resolution adopted July 24, 2008, and incorporates and adopts by reference herein 

the findings of the Planning Board in said recommendation. 

25

3. The Jamesville Community supports this legislation and was grateful for the opportunity 

to participate in the process of drafting this legislation. 



5. This Local Law comes with the recommendation with the Zoning Update Committee’s 

subcommittee and the Hamlet Committee following their thorough study of these matters. 


Motion by Councilor Mannion, seconded by Councilor Baker. 



Hamlet Zoning Provisions 


Section 1. 

Title 

This local law shall be referred to as "Hamlet Zoning Provisions". For reference, this is a Local Law 

which modifies Chapter 192 of Zoning of the Code of the Town of DeWitt which was recently fully 

revised and adopted on January 1, 2008 pursuant to Town of DeWitt Local Law #6 of the year 2007. 

Section 2. 

Purpose and Intent 






implemented the Comprehensive Plan which Local Law repealed Chapters 37,86,97,114,130,151,167 

and 192 of the Code of the Town of DeWitt in their entirety and adopted a new, reenacted Chapter 

192. As part of the dictate of the Comprehensive Plan of the Town, the Town also undertook a 

thorough review of the zoning districts of the town and ultimately adopted Town of DeWitt Local 

Law # 3 of the year 2008. The Zoning Update Committee appointed by the Town Board to make 

recommendations relative to the adoption of the two above-mentioned Local Laws continued its 

work in a subcommittee, “The Hamlet Zoning Committee", to review zoning code sections, with a 

professional consultant, in light of the particular characteristics and zoning concerns of a part of the 

Town of DeWitt referred to in the Comprehensive Plan of the Town as "The Hamlet" and/or "The 

Jamesville Hamlet". 

Section 3. 

Legislative Findings 

26

The Hamlet Zoning Committee was well advised of the zoning and planning issues of the town and 

the Hamlet of Jamesville by both professionals in the field, as well as their own vast and varied 

experiences with planning and zoning in the Town and the Hamlet. They also heard the advice of the 

public on relevant issues of the Hamlet zoning matters at public meetings and through written 

correspondence. 

The results of said study were presented to the Board for consideration with the resulting code 

section modifications and changes as set forth herein. This local law addresses the unique qualities of 

the Hamlet to be preserved. The local law herein incorporates sections into the newly adopted 

Chapter 192 of the Town of DeWitt and presents a framework for the forward growth of the Town 

and the Hamlet in the direction of sound planning and development as well as the preservation of the 

best physical assets of the Town of DeWitt. The changes, modifications and additions to Chapter 192 

the Zoning Ordinances of the Town as set forth herein are the continuation of meeting the goals of 

the Comprehensive Plan of the Town in developing a comprehensive, updated and orderly Zoning 

Code for the Town. 

Section 4. 

as follows: 

Article IX-1 

The Table of Contents shall be modified to add the following after Article IX therein 

Hamlet District 

“ 

192-43.1-1 Purpose 

192-43.1-2 Existing structures 

192-43.1-3 Permitted structures and uses 

192-43.1-4 Site plan review uses 

192-43.1-5 Specific permit uses 

192-43.1-6 Lot area and yard regulations 

192-43.1-7 Design standards 

192-43.1-8 Additional regulations” 

The table of contents shall be further modified to add the following in Article XV as follows: 

"192-64.3 Hamlet Residential Overlay District 

192-64.3-1 Purpose 

192-64.3-2 Existing structures 

192-64.3-3 Design standards” 

Section 5. 

The following section shall be added to Chapter 192 "Definitions": 

"MIXED USE, HAMLET - A development or redevelopment that allows for two (2) or more 

principal uses, which are permitted in the District, in any single development, in a single building or 

on a single lot which includes residential and commercial uses." 

27

Section 6. The following section shall be added after Article IX of the Code of the Town of 

DeWitt as follows: 

“Article IX-1 Hamlet District” 

The following sections shall be added to the Code of the Town of DeWitt and shall be part of 

Article IX- 1 Hamlet District: 

§192-43.1-1 Purpose 

The Jamesville Hamlet District possesses the unique character of a 19 th century mill town. All 

new building should incorporate architectural styles from this period into the building design. In 

addition to building character, the district encourages site design that is pedestrian friendly. 

Design standards are incorporated into the district regulations to establish these features. 

§192-43.1-2 Existing Structures 

Existing structures and uses may be continued, expanded or upgraded without complying with 

the requirements of Hamlet District Design Standards §192-43.1-7 but subject to the remaining 

Articles of Chapter 192 provided all of the following are satisfied: 

A. There is no change in use of the structure. 

B. Alterations to a structure are consistent with the design of the original structure. 

C. The addition or alteration will not create a vehicle entrance set back that is less 

than ten feet from the primary façade. 

D. No non-conforming use or structure is expanded. 

§192-43.1-3 Permitted Structures and Uses 

In Hamlet District, the following structures and uses may be permitted subject to a building 

permit: 

A. Single-family dwellings 

B. Home Occupation 

C. Residential Accessory Use 

§192-43.1-4 Site Plan Review Uses 

In Hamlet District, only the following structures and uses may be permitted following Site Plan 

Review as provided in § 192-122 of this Chapter: 

28

A. Administrative and Management Services 

B. Bed & Breakfast 

C. Café 

D. Club, Private 

E. Day Care Center 

F. Educational Facility 

G. Finance/Banks without drive thru facility 

H. Funeral Home/Mortuary 

I. Government Facilities 

J. Hamlet Mixed Use 

K. Horticulture, Landscape, Garden Center 

L. Hospitals & Clinics 

M. Hotel & Motel 

N. Nursing Home 

O. Office 

P. Outdoor Seating/Assembly Area 

Q. Parking Lot, Off-Site 

R. Public Utility 

S. Publishing 

T. Recreational & Entertainment Facilities, Indoor 

U. Religious Use 

V. Restaurant without drive thru facility 

W. Retail Store 

X. Scientific & Technical Services 

Y. Temporary Outdoor Sales 

29

Z. Two-family Dwelling 

AA. 

BB. 

Vehicle Service Station 

Veterinary Establishment, Animal Hospital 

§192-43.1-5 Specific Permit Uses 

The following structures and uses may be permitted in the Hamlet District upon the issuance of a 

specific use permit by the Zoning Board of Appeals as provided in § 192-123 of this Chapter: 

A. Dwelling, Multi-Family 

B. Emergency Service Facility 

C. Outdoor Recreational or Entertainment Facilities 

§192-43.1-6 Lot Area and Yard Regulations 

In the Hamlet District, all structures and uses shall be subject to the following regulations: 

A. Minimum Lot Width – N/A 

B. Minimum Lot Area 

(1) Residential – 10,000 square feet per dwelling unit 

(2) Non-residential – N/A 

C. Maximum Building Coverage – 25% 

D. Maximum Lot Coverage – 75% 

E. Front Yard – The maximum front yard shall be the average of the two adjacent 

principal structures, and may not exceed thirty-five (35) feet. 

F. Side Yards - Each lot shall have two (2) side yards with a total of not less than 20 

feet, neither one of which may be less than five (5) feet in width. 

G. Rear Yard - Each lot shall have a rear yard not less than 20 feet in depth. 

H. Height – Structures shall not exceed 40 feet in height. 

30

§192-43.1-7 Design Standards 

A. Material 

(1) The dominant exterior finish shall be or have the appearance of horizontal 

wood siding or natural stone. 

(2) Excluding windows, window treatments and foundation, a maximum two 

primary construction materials may be used on any one side of a structure 

and a maximum of three primary construction materials may be used on 

any one structure. 

B. Architectural Features 

The primary building shall have at least three (3) different types of the following 

architectural features 

(1) Covered porch or walkway supported by columns or spindles 

(2) Dormer 

(3) Cupola 

(4) Gabled Roof 

(5) Any one or 

combination of the 

following: 

a) Cornice 

Brackets 

b) Fanlight 

Windows 

c) Window Shutters 

31

C. Roof Style 

d) Bay Windows 

(1) Buildings shall be or have the appearance 

of a pitched roof. 

(2) The roof shall overhang the side of the 

structure by a minimum 12 inches 

D. Facades 

(1) The primary façade shall be orientated parallel to the property line of the 

primary street. 

(2) Facades fronting more than one 

(1) street shall be equal in 

material. 

(3) Vehicle entrances shall be set 

back a minimum ten (10) feet 

from the primary building 

facade. 

E. Entrance 

(1) Building entrance shall face the street and be articulated by color, 

sidelights, columns, awning, roof 

or pediment. 

(2) All entrances shall be illuminated. 

F. Landscaping and Sidewalks 

(1) All permeable surfaces of a lot 

shall be covered with grass or 

vegetative ground cover. 

(2) A minimum of one street tree for every thirty-five (35) feet of frontage 

shall be planted in all front setbacks greater than ten (10) feet. 

(3) A walkway, constructed of concrete or modular unit pavers, shall connect 

the front entrance to the street, driveway or sidewalk. 

(4) For all uses requiring Site Plan Review or a Specific Permit, a concrete 

sidewalk shall be constructed along each street line for the length of the 

property. 

32

G. Accessory Structures 

Accessory structures shall be consistent with the architectural style, material and 

color of the primary structure. 

§192-43.1-8 Additional Regulations 

The applicable Regulations for Specified Uses (Article XVI) and Requirements Applying to All 

Districts (Article XVII) in this Chapter shall apply to all uses. In cases of a conflict between the 

requirements of the Hamlet District and Article XVI and/or XVII, the more restrictive 

requirements shall prevail. 

Section 7. 

The following Article shall be added to Chapter 192 of the Code the Town of DeWitt after Article 

XV as: 

"Article XV-1 Hamlet Residential Overlay District" 

and the following sections constituting the full text of the Hamlet Residential Overlay District 

shall be added to Chapter 192 of the Code of the Town of DeWitt: 

§192-43.1-9 Hamlet Residential Overlay District 

A. Purpose 

The purpose of the Hamlet Residential Overlay District is to maintain the 

residential character that exists in the Hamlet of Jamesville. 

B. Existing Structures 

Existing structures and uses may be continued, expanded or upgraded without 

complying with the requirements of Hamlet Residential Overlay District Design 

Standards §192-64.3C, but subject to the remaining Articles of Chapter 192 

provided all of the following are satisfied: 

(1) Alterations to a structure are consistent with the design of the original 

structure. 

(2) The addition or alteration will not create a vehicle entrance set back 

that is less ten feet from the primary façade. 

(3) No non-conforming use or structure is expanded. 

C. Design Standards 

(1) Material 

33

a) The dominant exterior finish shall be or have the appearance of 

horizontal wood siding, natural stone or brick. 

b) Excluding windows, window treatments, and foundation, a 

maximum two primary construction materials may be used on any 

one side of a structure and a maximum of three primary 

construction materials may be used on any one structure. 

(2) Architectural Features 

The primary building shall have at least three (3) different types of the 

following architectural features: 

a) Covered porch supported by columns or spindles 

b) Dormer 

c) Gabled Roof 

d) Any one or 

combination of 

the following: 

(3) Roof Style 

1) Cornice 

Brackets 

2) Fanlight 

Windows 

3) Window Shutters 

4) Bay Windows 

a) Roof shall have a pitch of at 

least 8:12. 

b) The roof shall overhang the 

side of the structure by a 

minimum 12 inches. 

(4) Front Yard 

a) The front yard shall be the average of the two adjacent principal 

structures and may not exceed thirty-five (35) feet. 

34

) A minimum of one street tree for every thirty-five (35) feet of 

frontage shall be planted in all front setbacks. 

c) Front yard setback shall be a minimum 60% permeable and 

planted. 

(5) Facades 

d) The primary façade shall be orientated parallel to the property line 

of the primary street. 

e) Facades fronting more 

than one (1) street shall 

be equal in material. 

f) Vehicle entrances shall 

be set back a minimum 

10 feet from the 

primary building 

façade. 

(5) Entrance 

a) Building entrance shall face the street and be articulated. 

b) All entrances shall be illuminated. 

(6) Windows 

a) Street level primary facades shall 

have a minimum 20% window 

coverage. 

b) All other street level facades shall 


coverage. 

c) Facades above the first floor shall 


coverage. 

(7) Accessory Structures 

Accessory structures shall be consistent with the architectural style and 

color of the primary structure. 

Section 8. 

35

The following section shall be added as §192-103 F. of the Code of the Town of 

DeWitt relating to parking in the Hamlet: 

§192-103 F. Parking in the Hamlet District 

(1) If parking is provided, it should be located on the side or rear of the primary structure, or 

otherwise screened from the street(s). 

(2) Except for single-family dwellings, driveways and parking lots shall be hard surfaced. 

(3) Parking lots shall be landscaped with trees and continuous groundcover in curbed islands. 

One tree shall be planted for every five parking spaces. 

(4) Except for parking count, any or all parking requirements contained in §192-103 may be 

waived or modified by the Planning Board. The parking count may be modified upon 

findings that: 

Section 9. 

a) There is insufficient lot area to accommodate such parking. 

b) The use is generally adapted to pedestrian traffic. 

c) There are sufficient on-street, shared or municipal parking facilities to accommodate 

anticipated parking needs. 

The following shall be added to the Code of the Town of DeWitt §192-106 as F.(6) relating to signs 

in the Hamlet: 

“(6) Hamlet (HAM) Signs within the Hamlet District shall follow the requirements of §192-106 of 

this Chapter, subject to the following: 

Permitted Signs 

(a) 

One attached sign per street facade. 

[1] Attached signs shall be or have the appearance of being hand crafted 

from wood. 

[2] If lighting is used, signs shall be softly lit from an exterior source with 

the lamp source hidden. 

(b) 

One detached sign, including street number, located in the front yard. 

[1] Detached signs shall be or have the appearance of being hand crafted 

from wood or stone. 

[2] Supported signs shall have wooden posts. 

36

[3] If lighting is used, signs shall be softly lit from an exterior source with 

the lamp source hidden. 

[4] The single face shall be no greater than twelve (12) square feet and no 

more than five (5) feet in height from the finished lot grade in the sign 

vicinity. 

(c) 

Sign Sizes 

[1] For all attached signs, the aggregate area shall be no greater than 

thirty (30) square feet with no letter or numeral greater than one foot 

six inches (1'6") in height. 

[2] For perpendicular attached signs, the individual size of the sign shall 

be no greater than six (6) square feet with the height no greater than 

two (2) feet with no letter or numeral height greater than one (1) foot. 

Only one (1) perpendicular attached sign is allowed per building or 

tenant space. The height to the bottom of each perpendicular attached 

sign shall be greater than seven feet six inches (7'6"). 

(d) 

(e) 

The aggregate size of all window signs shall be not greater than 

twenty-one (21) square feet with no single sign greater than seven (7) 

square feet. 

The aggregate area for all signs shall not exceed fifty (50) square 

feet.” 

Section 10. 

The following regulations and modifications shall be added to Chapter 192 of the Code of DeWitt: 

“§192-120 G.(5)(a)[5] For all uses enumerated in §192-43.1- 4 requiring Site Plan Review in the 

Hamlet District, the applicant shall provide a sign on the lot requiring Site 

Plan Review." 

§192-120 G.(5)(d) 

Delete the first sentence thereof and insert as follows: 

§192-120 G.(5)(d) 

Add subparagraph (e) as follows: 

"For those activities listed in (a)[1] - (a)[4], above, the sign shall be installed 

the earlier of the following occurrences:" 

“(e) For the activity listed in (a)[5], above, the sign shall be installed on the 

lot after a complete application is received by the Department and at least five 

(5) days prior to the initial appearance at the Planning Board. The sign shall 

37

e maintained by the applicant for a minimum of fourteen (14) days and 

removed no later than five (5) days following Town of DeWitt discretionary 

development approval(s).” 

Section 11. 



Section 12. 


The Town Board was polled and the votes were as follows: 







Aye 

Aye 

Aye 

Aye 

Aye 

Aye 

The motion being passed, the local law was enacted. 

PUB. 

HRG: 

LL#9- 

2008: 

ZON- 

ING: 

ESTAB 

-LISH 

HAM- 

LET 

ZONE 

DISTS. 


a proposed local law establishing zoning districts in the hamlet of Jamesville. 


The matter was presented and reviewed by Attorney Sutphen. She noted the support of the 

Planning Board by resolution dated July 24, 2008. 

The Supervisor closed the hearing. 

Motion by Councilor Mannion, seconded by Councilor Scruton. 

RESOLVED, that the following findings are made in connection with and subsequent to the 

public hearing for the proposed Local Law entitled “Establishment of Hamlet Zoning Districts”: 




a. This code change merely establishes the areas of the Town which will be 

impacted by separately enacted Hamlet Zoning Provisions; such establishment of areas does not 

negatively impact the environment; 

38



of DeWitt by resolution adopted July 24, 2008, and incorporates and adopts by reference herein 

the findings of the Planning Board in said recommendation. 

3. This Local Law is required to separately establish areas of the Town which will be 

affected by the Hamlet Zoning Provisions, separately enacted, and contains no substantive 

zoning provisions on its own. 



5. The Zoning Update Committee subcommittee and the Hamlet Committee recommended 

the areas of the Town to be affected by the legislation after careful study. 

Motion by Councilor Mannion, seconded by Councilor Scruton. 




Establishment of Hamlet Zoning Districts 


Section 1. Title 

This local law shall be referred to as "Establishment of Hamlet Zoning Districts". 

Section 2. Purpose and Intent 

The purpose of this Local Law is to change the Zoning Classification of the hereinafter listed 

premises as they appear on the Official Zoning map of the Town of DeWitt in an area of the Town of 

DeWitt known as the Jamesville Hamlet and also referred to herein as "The Hamlet". 

Section 3. 

The 1989 Zoning Map of the Town of DeWitt, as amended, as provided in Section 192-5 of 

the Code of the Town of DeWitt was recently amended by Local Law No. 3-2008 of the Town of 

DeWitt to conform with the comprehensive changes made to the Town of DeWitt Zoning Code, 

Chapter 192 of the Code of the Town of DeWitt.. Chapter 192 of the Code of the Town of DeWitt 

has undergone further revisions and changes relating to the area of the Town known as the Jamesville 

Hamlet, by Local Law #8-2008 of the Town of DeWitt, adopted simultaneously herewith. In order to 

39

fully implement the revisions to the Chapter 192 as related to the Hamlet, the Zoning Map of the 

Town of DeWitt is hereby further amended by changing the zoning classification of the following 

parcels from their current classification to the classification(s) indicated. 

Section 4. 

The Zoning Map of the Town of DeWitt is hereby amended as follows: 

A. The following parcels of land shall be further classified in an "overlay district" as defined in 

the Town of DeWitt Code and shall be classified as "Hamlet Residential Overlay District": 

80-01-08.1 

83-01-08.2 

84-03-02 

84-03-03 

84-03-04 

84-03-05 

84-03-06 

84-03-07 

84-03-08 

84-03-09 

84-05-08 

84-05-09 

84-05-10 

84-05-11 

84-05-12 

84-05-13 

84-05-14 

84-05-15 

84-05-16 

86-06-01 

86-06-02.1 

96-06-03.1 

87-01-01 

87-01-02 

87-01-04.1 

87-01-05 

87-01-06 

87-01-07 

87-01-08 

87-01-09 

87-01-10 

87-02-01 

87-02-02 

87-02-03 

87-02-04 

87-02-05 

87-02-06 

40

87-02-07 

87-02-08 

87-02-13 

B. The following parcels shall be further classified as "Hamlet District": 

79-04-01 

79-04-03.1 

79-04-04.1 

79-04-04.2 

79-04-05.1 

79-04-06.1 

79-04-06.2 

79-04-06.3 

79-04-06.5 

80-01-01.1 

80-01-01.3 

80-01-01.2 

80-01-02.4 (part) 

85-01-01 

85-01-02 

85-01-03.1 

85-01-03.2 

85-01-04 

85-01-05 

85-01-06 

85-01-07.1 

85-01-07.2 

85-01-07.3 

85-01-07.4 

85-02-01 

85-02-02 

85-02-03 

85-02-04.1 

85-02-04.2 

85-02-05 

86-02-08 

86-03-01.1 

86-03-02.1 

86-03-03.1 

86-03-03.2 

86-03-04.1 

86-04-01 

86-04-02 

86-04-03.1 

86-04-05 

86-04-06 

86-04-07 

41

86-04-08 

86-04-09 

86-04-10 

86-04-11 

86-04-12 

86-04-13 

86-04-14 

86-04-15 

86-04-16.1 

86-04-17.2 

86-05-01 

86-05-02 

86-05-03 

86-05-04 

86-05-06 

86-05-07 

86-05-08 

86-05-09 

86-05-10 

86-05-11.1 

86-05-12.1 

86-05-13 

87-01-11 

87-01-12 

87-01-13 

87-01-14 

87-01-15 

87-02-09 

87-02-10.1 

87-02-11 

87-02-12 

87-03-01 

87-03-02 

87-03-03 

87-03-04.1 

87-03-05 

87-03-06 

87-03-07 

87-03-08.2 

87-03-08.1 

87-03-09 

87-04-01 

87-04-02 

87-04-03 

87-04-04 

87-04-05 

87-04-06 

87-04-07 

42

Section 5. 

87-04-08 

87-04-09 

87-04-10 

87-04-11 

87-04-12 

87-05-02.1 

87-05-02.2 

87-05-03 

87-05-04 

87-05-09 

87-05-10 

87-05-11 

87-05-08.1 

87-05-08.2 

87-05-08.3 



Section 6. 

This local law shall take effect upon the date of filing in the Office of the Secretary of State. 

The Town Board being polled, the votes were as follows: 







Aye 

Aye 

Aye 

Aye 

Aye 

Aye 

BIDS: 

WA- 

TER 

REP: 

CON. 

#49 

BIDS: 

SEWER 

REP: 

CON. 

#11 

The motion being passed, the local law was enacted. 


RESOLVED, that the Supervisor is hereby authorized to sign the advertisement for bids for 

Contract No. 49, Consolidated Water District (water system repairs); and it is further 

RESOLVED, that said bids will be opened on October 23, 2008 at 11:00 a.m. at Town Hall. 



RESOLVED, that the Supervisor is hereby authorized to sign the advertisement for bids for 

Contract No. 11, Sewer Improvement No. 1 (sewer system repairs); and it is further 

RESOLVED, that said bids will be opened on October 23, 2008 at 11:00 a.m. at Town Hall. 

43

J- 

VILLE 

SEWER 

TRAF- 

FIC: 

STOP 

SIGN 

TAX 

REC- 

EIVER 

DOG 

CON- 

TROL 

FIRE 

DEPT: 

PARK- 

ING 

HWY 


Engineer Kolceski reported on the status of easements needed in connection with the Jamesville 

Sewer District. He stated that the town will reconstruct the dugouts at the Little League field. 

Councilor Scruton presented a petition for stop signs in the Britton Knolls development. The 

matter will be referred to the Police Department for a study and recommendation. Resident 

Sylvia Matusek voiced her opposition, saying that there is insufficient traffic in the development 

to warrant stop signs. 

Tax Receiver Vasta addressed the Town board concerning the proposal to eliminate the Office of 

Receiver of Taxes and Assessments. He disputed the validity of certain statements put forth in 

the “white paper” presented on September 2, 2008. Additionally, he stated that he was being 

discriminated against and that he was in a “hostile work environment”. 

Motion by Councilor Scruton, seconded by Councilor Andrews. 

RESOLVED, that the Supervisor is herby authorized to sign the amended contract with the 

Town of Manlius concerning services for dog control. 



RESOLVED, that the DeWitt Fire Chief, Jeffrey Cardinali, is hereby authorized to issue citations 

for illegal parking in designated fire lanes. 


Highway Superintendent Maxwell reported that paving in connection with the Parkhill 

Rehabilitation Project will be postponed until the spring of 2009. 

Motion by Councilor Andrews, seconded by Councilor Mannion. 

RESOLVED, to adjourn the meeting at 11:25 p.m. 


Barbara Klim, Town Clerk 

44

1 September 8, 2008 At a Regular Meeting of the ... - Town Of DeWitt

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