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Home My WebLink About1996-11-20L NOVEMBER 20, 1996 The Lansing Town Board met in Regular Session at the Lansing Town Hall Board Room at 7:00 p.m. with Supervisor Kirby presiding. ROLL CALL Jeannine Kirby Supervisor Present Herbert Beckwith Councilman Present Paul Butler Councilman Present Jeffrey Cleveland Councilman Present Larry Tvaroha Councilman Present Bonita Boles Town Clerk Present Richard John Town Attorney Present VISITORS: Mr. and Mrs. Pete Larson, David Herrick, George Totman, Harry Mussell (Soil Conservation Rep.), Herbert Howell, Scott and Rick Pinney, Ronald Parks, Matt Shulman and Andy LaVigne (9:10 p.m.). The Supervisor called the meeting to order and had the clerk take the Roll Call, ORDER AND RESOLUTION OF THE TOWN BOARD, TOWN OF LANSING ESTABLISHING WATER DISTRICT NO. 17 EXTENSION 4 At a regular meeting of the Town Board of the Town of Lansing held at the Town Hall on November 20, 1996 at 7:00 P.M. Present: Jeannine Kirby, Supervisor Jeffrey Cleveland, Councilman Paul Butler, Councilman Larry Tvaroha, Councilman Herbert Beckwith, Councilman In the matter of the establishment of Lansing Water District No. 17 Extension 4, Town of Lansing, County of Tompkins, State of New York, pursuant to Article 12 -A of the Town Law. WHEREAS, a map, plan and report having been prepared by the Town Engineers, T.G. Miller, P.C., David A. Herrick, being duly licensed by the State of New York, dated November 6, 1996, in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Lansing, relating to the establishment of a proposed water district in the Town; and WHEREAS, said map, plan and report which showed the boundaries of the proposed district, a general plan of the water system and a report of the proposed improvements, the estimated expense of these improvements, the proposed method of financing, which map, plan and report as revised are on file in the Town Clerk's Office for public inspection, and all other matters required by law to be stated; and WHEREAS, the map shows the propsed water district, water mains, fire hydrants and other related and necessary appurtenances; and WHEREAS, an Order was November 20, 1996 at 7:00 p New York to consider the persons interested in this law; and passed on November 6, 1996 designating .m. at the Lansing Town Hall in Lansing, plan, map and report and to hear all matter and to take action as required by WHEREAS, said Order setting the public hearing were published and posted as required by law; and WHEREAS, a public hearing on the matter was held by the Town Board on November 20, 1996 and the matter was fully discussed and all interested parties and persons were heard. Upon the evidence given at the hearing and upon a motion duly made by Councilman Larry Tvaroha, seconded by Councilman Herb Beckwith, the following resolution was unanimously adopted. 169 170 continued November 20, 1996 It is hereby determined that: (a) The notices the of hearing were published and posted as required by law, and are otherwise sufficient. (b) All the property and property owners within the proposed district are benefited thereby. (c) All the property and property owners benefited are included within the limits of the proposed district. (d) The establishment of this district is in the public interest. IT IS RESOLVED that the district as set forth in the map, plan and report dated November 06, 1996 be approved, that the requested improvement be constructed and that the necessary easements and lands be acquired upon the required funds being made available and provided for. 1. IT IS FURTHER RESOLVED that the district shall be known as Lansing Water District No, 17 Extension 4 in the Town of Lansing and shall be bounded and described as follows: see Exhibit A attached. IT IS FURTHER RESOLVED, that the including construction costs, cost of a easements, legal and engineering fees, related to Lansing Water District No. 1 assessed against, and paid by, Richard there will be no public financing by the proposed improvements, cquisition of lands and and all other expenses 7 Extension 4, shall be and Florence Pinney and Town of Lansing. IT IS FURTHER RESOLVED that this resolution is subject to permissive referendum manner provided in as provided in Town Article 7 of the Town Law, Section Law. 209 -E in the IT IS FURTHER RESOLVED that the establishment of Lansing Water District No. 17 Extension 4 is not subject to approval by the New York State Department of Audit and Control. Vote of Town Board (Aye) Herbert Beckwith, Councilman Vote of Town Board (Aye) Paul Butler, Councilman Vote of Town Board (Aye) Jeffrey Cleveland, Councilman Vote of Town Board (Aye) Larry Tvaroha, Councilman Vote of Town Board (Aye) Jeannine Kirby, Supervisor EXHIBIT A BOUNDARY DESCRIPTION TOWN OF LANSING WATER DISTRICT NO. 17 EXTENSION 4 All that tract or parcel of land situated in the Town of Lansing, County of Tompkins, State of New York being comprised of the following tax map parcels in their entirety: Map Block Parcel 25 25 25 25 25 25 1 1 1 1 1 1 26.1 26.2 26.3 26.4 26.5 26.6 Mr. Harry Mussell, a representative from the Soil Conservation Department discussed the flooding problems the Town of Lansing has with Salmon Creek and the possibility of trying to rectify this problem. Mr. Mussell showed slides regarding this matter on the over head projector and stated the following: - In the past 25 years, the Town of Lansing has put over I n continued November 20, 1996 $ 517,000.00 into Salmon Creek repairs after flooding has occurred. The watershed pertains to about 8 1/2 miles of creek bed in the Town of-- Lansing. The two problems we are working with are Environmental and Administrative. - Mr. Mussell discussed the possibility of placing Bendway Weirs in the creek where the problems mostly occur. Mr. Mussell explained this process in detail. - The Board felt this would be a good semi - permanent fix to look into. - Mr. Mussell discussed the financial matters concerning this project. He will also speak to representatives from the Lansing Rod & Gun Club. He also stated that the Department of Environmental Conservation have a fund set up that will match the project cost dollar for dollar. He figured the project cost would be approximately $ 98,000.00 like to break this up between the, Federal Government, the DEC, the Town of Lansing, Lansing Rod and Gun Club and the County of Tompkins. - Mr. Mussell passed out information for the Board to go over and will also send additional information to the Supervisor to distribute to the Board Members. - Mr. Larson stated that he felt this was a great opportunity and the Board agreed. This will be discussed further at the December 4, 1996 meeting. Mr. Ron Parks of 125 Triphammer Terrace approached the Board requesting that something be done with the water flow on to his property. He then requested that all of the following documents be entered into the minutes as submitted: November 20, 1996 The following information is a chronology of events leading up to the reason I am before the Town Board tonight. I request that this document be made part of the record of this meeting. I have also attached the three letters referenced in the text below, that were sent to various town officials. On 03/30/93 we arrived home to discover that runoff from the land owned by Mr. John Horkey had flooded our finished basement. Mr. Horkey would not give us permission to dig a ditch (at our expense) on his side of the property line to stop the water. We bulldozed a trench through our yard to temporarily fix the problem. We incurred in excess of $ 10,000 property damage that the insurance company referred to as a "Flood ". After many phone conversations and various written correspondence it became apparent that Mr. Horky was not going to be of any help. I contacted the Town Supervisor and the Town Highway Department and was told that there was nothing that could be done to help us. For two years we struggled with the water runoff during each spring snow melt and heavy summer rain. I was forced to take time from work whenever there was a forecast of heavy rain so that I could make sure the water stayed away from our home. When I learned that there was going to be a potential Subdivision on the property I contacted the Town Supervisor. On 1/16/95 I sent letter to Supervisor Kirby outlining our problems over the past two years with the flooding from the Horkey land and requested that some action be taken since the land in question was now a proposed subdivision. She said that it would be in our best interest to work with the Town Planning Board since the 171 172 continued November 20, 1996 Town Board does not approve subdivisions. I started attending Town Planning Board Meetings to ensure that our needs would be considered during the subdivision process. Since the Town Subdivision rules state that no surface water is allowed to drain onto adjacent properties I felt confident that our concerns would be dealt with during the subdivision process. The Planning Board heard olzr concerns. The minutes of the February 13, 1995 Planning Board meeting reflect their instructions to the developer concerning construction of a proper drainage solution. I was assured that the Town Engineer had the authority to stop the approval process if the developer did not agree to their instructions. The Developer did not do as promised and to the best of my knowledge to this date no action has been taken against the prior or current developer by the Town Engineer or the Town Planning Board, On 3/07/95 I sent Letter to Town Planning Board to be read into and made part of the record of the meeting. (I was out of town on business and was unable to attend in person) It outlined our continued concerns with the development. Over the summer I had many cordial conversations with the developer. He made continual promises to construct the swale. (by that time it had become apparent that the Town Planning Board and Town Engineer would be of no help) In Late Fall 95 a Swale was constructed along the property line. It did not extend into the woods as agreed to and it appeared to not be large enough to handle the large amount of water that would flow when the snow melted. The swale also did not have a grade sufficient enough to drain the water properly. It ran up hill. In February the Snow melt, warm weather and heavy rain came all in one day. I contacted the developer and expressed my concern that the swale would not carry the water away from our property. He had a ditch dug along the property line that day. Had this not been done, we would have flooded again. The Chairman of the Planning board happened to be in the development and saw us digging to keep the water from our house. He viewed the situation and stated to me that the swale was not sufficient for the amount of water that was flowing. He was concerned enough to contact the Town Engineer who stopped by later that day. On 3/15/96 after months of frustration with no help from the Town Planning Board we had our attorney, Robert Holdsworth Jr., draft a letter to the Town Planning Board in hopes that it would prompt someone to take action on our concerns. What it did prompt was for someone (I assume the town attorney) to instruct the Town Planning Board members and the Zoning officer to not talk to us. I was informed that since I had our lawyer contact the Town all future communications must be between the two attorneys. All of this over what would take a days worth of bulldozing to correct the problem. On 4/26/96 We met with ouR Attorney and the Town Attorney. The town attorney heard our complaints and said he would take them to the next Town Board Meeting. By some strange coincidence that same day a swale was constructed. It appears to work for the area that it covers, but we still have water entering our property from the woods. We and the planning board asked for the swale to extend into the woods, but it was not done. Some weeks later I was informed by our attorney that the Developer felt that there was no need to extend the swale into the woods. Apparently the developers word was good enough for the town attorney. * *There was still no permanent resolution of our problem. �I continued November 20, 1996 Two weeks ago I called the Realtor handling the lots adjacent to our property line. She was not aware of the Deed Restrictions concerning the swale as requested by the Town Planning Board. I wonder if anyone is? I called Mr. Sharpsteen one evening two weeks ago after spending a few hours keeping the latest runoff from entering our home. I asked AGAIN what was being done to enforce the resolution passed by the Planning Board. He responded that there was nothing he could do to force the Developer to comply. I am requesting answers to the following Why was the developer allowed to Ic the Town Planning Board. Why did the town allow the developer needed to be continued into the woods. Town Engineer would make that decision. questions: SNORE the instructions of to determine if the swale I would expect that the Why, after being instructed by the Planning Board to do so, was there no survey the area of the Swale to ensure that it was constructed properly. The swale currently slops up hill. If it is the job of the Town engineer to enforce items like this, why was it not done. Why does the Town of Lansing have Subdivision rules that it Can Not or Will Not enforce? Has the town accepted the road in the development? If Not I ask that you withhold acceptance until the developer has met all agreements made concerning the drainage problem. I am standing before you tonight asking that someone please enforce the subdivision rules of the Town of Lansing and that the Developer not be allowed to sell any lots until he has complied with said subdivision rules. The town is unable to enforce its own rules, where do I go for help? Mrs. Jeannine Kirby Supervisor, Town of Lansing P.O. Box 186 Lansing, NY 14882 Dear Mrs. Kirby: Respectfully submitted Ron Parks Town of Lansing resident January 16, 1996 This letter- is regarding the potential development of a 60 acre parcel of land on the east side of Triphammer Terrace owned by Mr. John Horky in the Town of Lansing. There is a drainage problem with this unused farm field affecting adjacent properties that must ® be remedied. First I would like to explain the problem. The Horky parcel drains to the north and water builds up along the Horky side of the property line at the hedgerow. Under normal conditions the water slowly seeps into the ground and drains through the footer drain of our home. After a heavy rain our footer will drain for over a week. On March 30, 1993, we arrived home to find that our house was surrounded by water on the outside, with two feet of water in our finished basement and more flowing in every second. The water had accumulated on the Horky side of the property line to a point where there was no place to go but through our yard and into our home. 173 174 continued November 20, 1996 I was able to temporarily divert the water so that it would flow away from our house and through our back yard. After several hours, with the help of the Lansing Fire Department and NYSEG, most of the two feet of water was removed from our basement. Early the next morning I contracted a bulldozer and called Mr. Horky to discuss the options available to stop the water that was still flowing from his property through our yard. I asked Mr. Horky for permission to have the bulldozer cut a temporary shallow ditch (at my expense) on his side of the property line that would allow the surge of water to flow down his side of the hedgerow and away from our house. He refused, saying that a ditch would make it difficult for him to sell the property. In fact the only concern expressed by Mr. Horky that morning was whether our 12- year -old son's tree house extended onto his property line (which it does not) . Before that time I had no contact with Mr. Horky and can think of no valid reason for his refusal to help us. I can only assume one reason might be that by having water running down his side of the property line and settling in the low spot in the northwest corner of his lot by Triphammer Terrace, would make it apparent to potential buyers that there is a drainage problem. Left with no choice but to have the bulldozer cut a ditch in our yard, I then dug a path through the hedgerow to allow the water to flow from the Horky property to this ditch. For four days my wife and I stayed home from work keeping vigil over the ditch, day & night, to make sure it was clear of debris and to repair weak spots in the ditch that would break through and allow the water to head for our house again. With the large flow of water now running down the hedgerow, more problems became apparent. The culvert crossing the road at the northwest corner of the Horky parcel was clogged and the water settled in our front yard until it was high enough to flow to the ditch along our northwest border and then into a culvert going down the north side of Asbury Drive. I notified the Town Highwz clogged culvert. This allowed ditch flowing behind the homes Two homes that I know of had result: Mr. Paul Hotchkiss of of 15 Asbury Drive. iy Department and they replaced the the water to drain into a shallow on the south side of Asbury Drive. water enter their basements as a 25 Asbury Drive and Mr. Steve Sluty our water problems were not solved by the actions mentioned above. After each heavy rain or spring snow melt, I have to monitor the conditions in the ditch to be sure that the water is flowing freely and does not break through and head for our house. I also have to keep the ditch clear of snow as the weather warms in the spring so that the water will flow unobstructed. The ditch is next to the hedgerow and therefore drifts in with each snowfall. Last spring I was forced to shovel out the 200 feet of ditch three separate times when water began flowing from the Horky parcel. I have had to replace two footer drain pipes that became clogged as a result of the initial flooding problem in March 1993. We also incurred in excess of $10,000 in property damage as a result of the water in our basement - -the insurance company referred to it as a "flood ". Since our recurring flooding problem is caused by runoff from the Horky parcel, we feel that it should be resolved by Mr. Horky. Since repeated phone calls to him elicit the response "I wish I could help you but I can't ", our attorney, Robert Holdsworth, sent a letter to Mr. Horky dated April 16, 1993 (copy attached) to which we have never received a reply. Since development of the Horky parcel is now pending, and this will only ensure more runoff in the future, I am copying this letter to the appropriate individuals and asking that this matter E 175 continued November 20, 1996 be resolved once and for all. I am requesting: 1) that the Town work with Mr. Horky to correct the I called the Town Supervisor and Town Highway Department 1993 and was informed that it was private property and nothing that could be done; problem. in April, there was 2) that I be allowed to speak at the next Town Planning Board meeting to explain the problem in greater detail; 3) that we be notified 40 Committee or Town Board) where discussed. I understand that concerning this parcel, of any public meeting (Planning development of this parcel will be meetings have already been held 4) that the solution to this problem not include allowing the runoff to drain over our property or through our footer drain as it has in the past; 5) that before any preliminary Ken approval is given for development and /or subdivision of the adjacent Horky parcel, we be given the opportunity to have the plans reviewed by a professional engineer of our choice to ensure that the problem will be resolved; John J. Horky, owner of parcel 6) that we be provided any applicable local, county or state laws, codes, rules regulations and /or ordinances that pertain to subdivisions in the Town of Lansing. When they are available, please let me know and I will pick them up at the Town Hall. With each heavy rain or warm weather thaw, we now feel helpless in our attempts to keep this from happening again. There is no way for anyone to understand the lasting effects of such a loss unless it has happened to you. Given these events that have transpired over the past three years, we are not being unreasonable in our request. My wife and I are available to speak with you or the individuals copied on this letter at any time to finally bring this matter to a resolution. Sincerely, Ronald B. and Marcia L. Parks 257 -7042 Attachment CC: Mr. Larry Sharpsteen, Chairman, Lansing Town Mr. Pete Larson, Superintendent, Lansing Town Mr, Ken Barden, Barden Homes, Inc. Di -Tech Corp., 1040 East Shore Drive Robert J. Holdsworth, Jr., Esq. Ms. Mary Decker, Listing Agent, ReMax Mr, John J. Horky, owner of parcel Mr. Larry Chairman, P.O. Box Lansing, Sharpsteen Lansing Town 186 NY 14882 Dear Mr. Sharpsteen: Planning Board Planning Board Highway Dept Associates Real Estate March 7, 1995 We wish to thank the Town Planning Board for their serious consideration of our letter dated January 16th explaining the existing drainage problem on the Horky parcel being considered for subdivision and 'the detrimental effect it has had on neighboring properties in the last few years. The minutes of the February 13th Planning Board meeting reflect their instructions to the developer 176 continued November 20, 1996 concerning construction of a proper drainage solution. At the Town Board meeting on March 1, 1995, I was informed that since I had prior plans to be out of town on business and would be unable to attend the recently scheduled March 13th Public Hearing regarding the subdivision, it was appropriate to send our concerns in writing. We are requesting that this letter be read into and made a part of the record of this meeting. We still have three major concerns with the proposed subdivision: 1) We are requesting that the Preliminary Plat Map be amended to show the exact. location of the drainage solution before preliminary subdivision approval. The Preliminary Plat Map, dated February 8, 1995, (Job #9484), drawn by Resource Associates (Job #9484), needs to be revised to show the exact dimensions (depth & width) and location of the solution to the existing severe drainage problem. These revisions should be subject to the approval of the Town Engineer. As stated in the minutes of the February 13, 1995 Planning Board meeting, the drainage solution is to be located on the south side of the entire northern border of the proposed Lakeview Subdivision, 2) We are requesting that the drainage solution be the first construction work on the development, and that it be completed and approved by the Town Engineer before any other work is commenced. Since the f imperative that t warm February and runoff from the property. looding problem can occ he drainage solution be March weather (including proposed development s ur at any time, it is constructed first. The rain) has already caused ite to drain onto our The contours of the land and construction of the roadways as indicated in Phase 1 of the project (especially Aspen Way) would only exacerbate the cause of the original flooding if the drainage solution were not implemented first. We are requesting that the drainage solution be constructed as approved by the Town Engineer before any other construction is begun. We are requesting that the drainage solution be completed and approved by the Town Engineer prior to Final subdivision approval, and any preliminary approval be specifically contingent upon the completion of the work recommended by the Town Engineer. 3) We are requesting that appropriate land use restrictions concerning the land included in the drainage solution be included in the initial Deed for the subdivision. Any subsequent Deeds for lots along the entire length of the Northern border of the subdivision should be subject to the same restrictions. While road excavation, installation of utilities delivery systems and construction of homes are underway, there is the potential for obstruction of the drainage solution. Also, the future landowners may inadvertently or otherwise obstruct or damage the drainage solution with structures, landscaping or intended improvements. Additional restrictions must be in the Deeds to ensure recourse by property owners adjacent to the drainage solution if this happens. We are requesting that the proposed Deed Restrictions be specific and contain the length and width of the land area of the is v e restrictions, require. The deed north side of continued, November 20, 1996 together with the exact language that the Board will restrictions should be common to all lots along the the property. If the deed restrictions are not met, any owner of property adjacent to the northern border of the subdivision would have the ability to commence a legal action or proceedings and seek damages or be entitled to injunctive relief. The exact language of the deed restrictions will be subject to review by the Town Engineer and approved by the Town Attorney. Any approval of the preliminary subdivision should be withheld until such time as the exact language of the deed restrictions are agreed upon. Moreover, any final approval should contain the exact language of the deed restrictions. We respectfully request that any decision by the Board be reduced to a formal written resolution that is both reflected in the minutes and capable of being recorded in the County Clerk's Office. If there is objection to any of our requests, we ask that the Board not approve the Preliminary plan until such time as we are able to meet with the Planning Board to discuss the objections. To some this may seem like we are going overboard in our request, but unless you have had to live with the constant fear that the next spring thaw or heavy summer rain would result in your home being flooded AGAIN, you do not understand what our family has gone through. We appreciate your continued cooperation and willingness to help us in this matter. Sincerely, Ronald B. and Marcia L. Parks 257 -7042 CC: Mrs. Jeannine Kirby, Supervisor, Town of Lansing Mr. Dave Herrick, Town Engineer, T.G. Miller & Associates Engineers Richard John, Esq., Lansing Town Attorney, Thaler & Thaler Mr, Ken Barden, Barden Homes, Inc. Mr. Tom O'Riley, Di -Tech Corp., 1040 East Shore Robert J. Holdsworth, Jr., Esq., Harris, Beach & Ms. Mary Decker, Listing Agent, ReMax Associates Mr. John J. Horky, owner of parcel SENT CERTIFIED MAIL RETURN RECEIPT REQUESTED March 15, 1996 Mr. Larry Sharpsteen, Chair Town of Lansing Planning Board P.O. Box 186 Lansing, New York 14882 Re: Flooding of Ronald B. and Marcia a Result of Lakeview Subdivision Dear Mr. Sharpsteen: Drive Wilcox Real Estate L. Parks' Property as Our law firm represents Ronald B. and Marcia L. Parks ( "Mr. and Mrs Parks ") in connection with their struggle to halt the flooding of their single family home and property, which is located in Lansing at 125 Triphammer Terrace ( "the Parks' property "). This flooding is caused primarily by the lack of an adequate drainage system on adjacent property to the south of the Parks' property, that is 177 178 continued November 20, 1996 apparently now owned by Attica Development Company ( "Attica "), and is commonly now known as Lakeview Subdivision ( "the Lakeview Subdivision property "). We believe that, since at least January 16, 1995, the Lansing Planning Board ( "the Board ") has been familiar with the Parks' property and flooding from the Lakeview Subdivision property. On that date, the Parks wrote you a letter explaining the severity of the flooding from the Lakeview Subdivision property, which was formerly owned by John Horky. We are thankful that the Board listened to the Parks' problems, but we request that it take affirmative action to compel compliance with its own resolutions and the conditions which it imposed upon the developers of Lakeview Subdivision, which we understand is DiTech Corp *. We believe that the Board's attached, at a minimum, the following conditions to its approval of, among other things, the final plat plan for Phase I and preliminary plat approval for Phase II and II of the Lakeview Subdivision: 1, construction of (a) swale (in the first phase) up into the woods as far as was required (to cure the flooding) and 2. appropriate deed all parcels (or Lakeview Subdivi will (or should) 1113" as the deve restrictions in deeds from the owner for lots) along the entire north line of the sion property, where the drainage swale be located (not just on lots 1112" and Toper's misrepresented to the Board). ** We believe that neither the developer nor the owner has complied with such conditions. As a result of such non - compliance, vast amounts of water have continued flowing from the Lakeview Subdivision onto the Parks' property. Moreover, just as the Parks had predicted prior to the Board's conditional approval of the plat plan for Phase I of such subdivision, the contours of the site plan, have actually exacerbated the drainage onto (and flooding of) the Parks' property. The Swale was constructed in the Fall of 95, after construction of the first house in the development had begun. The Swale runs from the edge of the woods on the northern border and continues west to Triphammer Terrace. The developer was notified by Mr. Parks that it did not slope down hill, and did not completely drain the water that collected. Nothing was done to correct the situation. On the morning of February 18, 1996, Mr. Parks called the developer to express concern about the predicted heavy rains and high temperatures for the next few days that could result in considerable melting and potential flooding. That afternoon a ditch was dug in the portion of the swale adjacent to the Parks' home. Had Mr. Parks not called and the ditch not been dug, the amount of water that flowed through it over the next few days would have surely exceeded the capacity of the swale and flooded the Parks' home again. Even if the current Swale is made deeper and wider it will not eliminate the problem. As the Parks' stated in their original request to the Planning Board, some of the water flows from the woods into the hedgerow and follows the hedgerow to the Parks' property. This water is not collected by the Swale. * See, The Board's Minutes, Monday, March 13, 1995, page 41 ** It is mysterious that Barden & Robeson Corporation, an entity other than the owner, Attica, or the developer, Di -Tech Corp., has purportedly executed restrictions that fall far short of those required by the Board and agreed to by the developer. CI continued November 20, 1996 On February 19, 1996, it was necessary for Mr. and Ms. Parks to take another day from work to stop the water from flowing into their home. Mr. Sharpsteen and Mr. Herrick, the Town Engineer, both visited the site that day and expressed concern that the swale in its current form was not capable of removing the amount of water present. Mr. Sharpsteen stated that something should be done. To this date, the Parks have never seen any corrective work done on the swale nor have they been contacted by anyone regarding the recent flooding on their property. The Parks feel that they have done all they can do to correct the situation. These weather conditions were not unique and were identical to those that existed in 1993 when the Parks sustained in excess of $10,000.00 in water damage to their home and possessions. We respectfully submit that this drainage and flooding will continue to haunt the Parks and literally ruin their house and property, unless the Board immediately adopts, at a minimum, the following corrective measures prior to any further work in the subdivision: a. Specify the exact dimensions of the drainage ditch, which the owner and developer will be required to construct. Such dimensions should be large enough to divert and carry the vast amount of water down to the culvert, which crosses Triphammer Terrace. b. Require that the drainage ditch extend into the woods located on the north side of the proposed Phase II of the Lakeview Subdivision property because the water also flows easterly along the hedgerow, located along the northern boundary of such property. C, Restate the requirement of appropriate deed restrictions in all deeds from the owner for all parcels (or lots) along the entire north line of the Lakeview Subdivision property, where the drainage should be located as set forth in item 112" above. * ** We request immediate adoption of the foregoing measures to ensure (i) immediate strict compliance with the Board's own conditions imposed on subdivision developers and owners, and (ii) adequate protection of the health, safety and welfare of the Lansing taxpayers and law- abiding citizens. Further, we request that the Board withhold its final approval of Phase II of the Lakeview Subdivision until the developer and owner agree to implement immediately such measures. We also request that the Town Board refuse to approve the dedication of the streets within the subdivision until the developer and owner have completed all of the work which will be required to solve the drainage problem. Please do not let out -of -town developers ruin the homes and property of Lansing taxpayers and citizens, like the Parks, whose hard work and life savings will be flushed away through the carefree attitude of an adjacent owner and developer. By the way, please do whatever work is required to restore the Parks' property to the condition it was in before the developer's contractor dug up the front yard to install the water line. Finally, by copy of this letter to all interested parties, the Parks' hereby reserve all rights against any party connected with any injury or damage to persons or property resulting from the flooding described above. * ** The existing restrictions only apply to lots 1112" and 111311, 179 180 continued November 20, 1996 Thank you for your anticipated cooperation. If you questions, please contact me. Very truly yours, Robert J. Holdsworth, Jr. RJH /slm pc: Ron & Marcia Parks All Lansing Planning Board Members Larry Tvaroha, Town Councilman George Totman, Zoning and Code Enforcement Officer Peter Larson, Superintendent, Lansing Town Highway Kenneth Barden, Barden & Robeson Corporation Di -Tech Corp. Re -Max Associates Real Estate, Attn: President Mrs. Jeannine Kirby, Supervisor, Town of Lansing Mr, Dave Herrick, Town Engineer T.G. Miller & Associates Engineers Mr. Parks thanked the Board for their time. have Dept. any In regard to Water 17, Extension 4, the following resolution was made: RESOLUTION, offered by Mr. Beckwith and seconded by Mr Tvaroha: WHEREAS: 1. This action is the Consideration of establishing Town of Lansing Water District No, 17, Extension 4 for Pinney Lane and the construction of approximately 1,010 l.f. of 8 inch water main together with valves, hydrants, and water services all as described in the Engineer's Report dated November 6, 1996 prepared by T.G. Miller, P.C. 2. This is an Unlisted Action for which the Town of Lansing Board is legislatively determined to act as Lead Agency in environmental review with respect to Water District formation, and 3. The Town Board on November 6, 1996, has reviewed and accepted as adequate the Short Environmental Assessment Form Part I and Part II by the Engineer. NOW THEREFORE BE IT RESOLVED, that the Town of Lansing Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and, therefore, neither a Full Environmental Assessment Form nor an Environmental Impact Statement will be required. Carried. Mr. Larson discussed the following with the Board: 1, The Community Center is finished but there was some concerns regarding the pay phone. Mr. Larson stated that it was not handicapped accessible. It was the Board's decision to leave the phone as is unless someone complains. If complaints are received, the pay phone will be removed from the building as it would cost the Town $ 49.25 per month to have it handicapped accessible. (The Town is now earning about $ 9.00 per year on this phone). Mr. John stated that he did not feel the phone needed to be removed at this time as it would be an "unreasonable" expense for the Town to incur. U :7 continued November 20, 1996 2. New Community keys have been made for the front Center. There are now five and back doors to (5) keys. It was the the consensus of the Board to replace these with the old ones and keep track of the wear -a -bouts of all keys. 3. FIMA looked over damage from the last flood and felt Lansing had more damage than any other Town in the County. They will let the Town know if it will be declared a disaster or not. 4. Pete has obtained written quotes from people to supply equipment to try to clean Salmon Creek from the lake to the walk bridge. Could start mid December if the lake is lower. He asked the Board permission to go over all written quotes with Councilman Cleveland and then make a decision between the two of them and get started. The Board agreed with this. 5. Lakeview Subdivision: Mr. Larson gave the Board Members a copy of the following memorandum and asked for their approval which was given: Subject: Lakeview Sub - Division Phase I: Aspen Way + 2281 ft. Tahoe + 212 ft. Placid Terrace + 604 ft. I have been asked by Mr. Thomas O' the f irst phase of the Lakeview Sub the completed road, Aspen Way ± 228 Trail ± 212 ft . ; and the portion of from the intersection of Tahoe Tra Way. Reilly to approve and recommend - Division for town acceptance of 1 ft.; the completed road, Tahoe road, Placid Terrace ± 604 ft., it to the intersection of Aspen I observed the road construction and tested the materials used in the base and sub -base. I have also test rolled after each step of the road building process. A preliminary inspection of this development was conducted July 22, 1996, by Dave Herrick and myself. At that time I asked Dave Herrick to send me a letter citing the problems we observed. After receiving Dave's letter (dated August 15, 1996) on August 19, 1996 I met with Mr. O'Reilly to point out our concerns. Mr. O'Reilly said he would address our concerns and then request a final approval. Dave and I have re- inspected the roads mentioned above, and found one problem; the end sections on the driveway culvert at the model house have not yet been installed. In addition, as per agreement with the developer, I want to be sure the integrity of the drainage swale (on the north end of the development bordering Mr. Parks' property) is maintained. I recommend that the deeds for the lots located along this boundary line contain a clause stating the present drainage swale can not be altered or filled in and must always be maintained to drain water along the property line. The drainage system built by the developer (between Triphammer Terrace and North Triphammer Road) has given both the town and county problems as a result of the last three (3) floods (Jan. May and Nov., 1996). During each of these flood periods, water flowed out onto North Triphammer Road (a county road) and flooding occurred at the lower end of Asbury Drive (a town road) . I have discussed this drainage problem with both Dave Herrick and Ward Hungerford from the county. Ward has offered a few suggestions to help solve the problem, suggestions the county considers to be acceptable solutions. I have asked Dave to assemble a drawing showing the rebuilding of the lower 200 ft. of the ditch to prevent iii 182 continued, November 20, 1996 from running out onto the roads. When I receive this drawing I will ask the county's approval of the plan. Once the plan is approved by Ward Hungerford, I will then ask the developer, Mr. O'Reilly to rebuild the lower 200 feet of the drainage swale as I believe the water problem originally created by the Lakeview Sub - Division. Until such time as this problem is resolved I recommend the developer be asked to put a minimum of $ 10,000.00 in a-bond to insure the water problem is resolved. To summarize: - When end sections are installed on culvert pipe at model house, When the bond for the drainage problem is in place, - I would recommend the town accept the roads as listed in paragraph one above for Phase I of Lakeview Sub - Division. - Also, all new roads shall have a minimum one (1) year warranty starting on the date that the deed is filed. - The town needs to receive an "As Built Drawing" for the records before roads are accepted. The town needs to receive an easement and an "As Built Drawing" for the drainage system between Triphammer Terrace and North Triphammer Road before final acceptance of these roads. Mr. Herrick, Town Engineer, discussed the following with the Board: 1. Water District No. 17, Extension No. 3 (Fiddlers Green) The Board decided NOT to go with Alternate 1 in connection with Water District No. 17, Extension 3, therefore the following resolution was offered: RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Butler: WHEREAS, in connection with the construction of Water District No. 17 Extension 3, the Town of Lansing solicited an alternate bid, entitled alternate number 1, in order to obtain an additional price for the construction of a section of road at the southwestern end of Fiddler's Green, and WHEREAS, the adjacent neighbors do not wish to have the section of road built at this time, and there being no compelling reason to expend funds on this portion of the project, therefore, it is RESOLVED, that the Town Board of the Town of Lansing does not approve alternate number 1 to the Water District 17 Extension 3 construction project on Fiddler's Green. Vote of Town Board (Aye) Herbert Beckwith, Councilman Vote of Town Board (Aye) Paul Butler, Councilman Vote of Town Board (Aye) Jeffrey Cleveland, Councilman Vote of Town Board (Aye) Larry Tvaroha, Councilman Vote of Town Board (Aye) Jeannine Kirby, Supervisor LRS will begin construction on December 2, 1996 and will have the pipe in by the end of the year. Mr. Herrick will draft a memo to all residents regarding the time frame of the District. 2. Water District No, 17, Extension No. 4 (Pinney Lane) 183 continued November 20, 1996 The SEQR form was discussed and the following Resolution was offered: RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Tvaroha: WHEREAS: 1. This action is the consideration of establishing Town of Lansing Water District No. 17, Extension No. 4 for Pinney Lane and the construction of approximately 1,010 l.f. of 8 inch water main together with valves, hydrants, and water services all as described in the Engineer's Report dated November 6, 1996 by T.G. Miller, ® P.C. 2. This is an Unlisted Action for which the Town of Lansing Board is legislatively determined to act as Lead Agency in environmental review with respect to Water District formation, and 3. The Town Board, on November 6, 1996, has reviewed and accepted as adequate the Short Environmental Assessment For Part I and Part II prepared by the Engineer. NOW THEREFORE BE IT RESOLVED: That the Town of Lansing Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Assessment Form nor an Environmental Impact Statement will be required. Vote Vote Vote Vote Vote of of of of of Town Town Town Town Town Board Board Board Board Board (Aye) (Aye) (Aye) (Aye) (Aye) Herbert Beckwith, Councilman Paul Butler, Councilman Jeffrey Cleveland, Councilman Larry Tvaroha, Councilman Jeannine Kirby, Supervisor Water District No, 17, Extension No. 5 (Lansing Station Area) T.G. Millers has completed a mailing for landowners and will coordinate the distribution of a "notice" announcing the information meeting on December 4, 1996. This article will appear in the Lansing paper. Water District No. 17, Extension No. 2 (Emmons Road) Cliff Northrup has nearly completed the equipment installation but is waiting for delivery of a flange from Highlander. Flushing and disinfection all scheduled for next week. Proposed Sewer District The Sewer Committee would like some feed back from landowners, business owners and people who over see institutions. They would like this in written form. Mrs. Kirby stated that a discussion will be held at the next Bolton Point Meeting regarding Genoa's request for water. She will report back to the Board regarding this issue at a later date. A discussion was held regarding the Northeast Subarea Study and it was decided to amend the resolution that was made at the November 6, 1996 meeting to read as follows: RESOLUTION, offered by Mr. Beckwith and seconded by Mr Butler: "" WHEREAS, the Town of Lansing has received an invitation from the Tompkins County Planning Department to participate in a study traffic volume and patterns in a portion of Tompkins County 184 continued November 20, 1996 including land within the Town of Lansing, the study to be entitled the Northeast Subarea Study; and WHEREAS, the federal government has a grant program for matching funds available to municipalities to explore and develop solutions for heavy traffic patterns and volumes and the County of Tompkins is organizing several municipalities within the County to facilitate a joint examination of traffic issues along the northeast corridor of the County; and WHEREAS, the Town of Lansing has experienced heavy traffic volume and pattern which effect the quality of life, health, safety and welfare of the residents of the Town, and the cost to the Town of Lansing in matching funds, if the grant were obtained would not exceed $ 3,000.00, therefore, it is RESOLVED, it is the determination of the Town Board of the Town of Lansing to participate in the study, if grant funds become available, at a cost to the Town of Lansing not to exceed $ 3,000.00 and the Town Supervisor is authorized to execute such documents as may be necessary to apply for and obtain such grant. Vote of Town Board (Aye) Herbert Beckwith, Councilman Vote of Town Board (Aye) Paul Butler, Councilman Vote of Town Board (Aye) Jeffrey Cleveland, Councilman Vote of Town Board (Aye) Larry Tvaroha, Councilman Vote of Town Board (Aye) Jeannine Kirby, Supervisor A discussion was held regarding the Waterfront Study and grants from the State and Federal Government for the same area. Mrs. Kirby stated that the Town of Lansing does not qualify for the monies and would have to go through the County. Mrs. Kirby stated that an announcement will be made on Monday regarding the HUD grant monies for all municipalities involved in the canal system. The following resolution was then offered: RESOLUTION, offered by Mr. Tvaroha and seconded by Mr. Beckwith: WHEREAS, the County of Tompkins is proposing a joint municipal grant proposal to prepare a planning report on the waterfront for several municipalities in Tompkins County that surround Cayuga Lake, and WHEREAS, the County of Tompkins has requested that the Town of Lansing participate in the study and join in the application for grant funds to conduct the joint municipal study, therefore it is RESOLVED, with the need applying for c Supervisor is behalf of the project, that for a rrant auth, Town the Town Board of the Town of Lansing agrees waterfront study and agrees to participate in funds with the County of Tompkins and the Town prized to execute all necessary documents on of Lansing in order to proceed with the joint Vote of Town Board (Aye) Herbert Beckwith, Councilman Vote of Town Board (Aye) Paul Butler, Councilman Vote of Town Board (Aye) Jeffrey Cleveland, Councilman Vote of Town Board (Aye) Larry Tvaroha, Councilman Vote of Town Board (Aye) Jeannine Kirby, Supervisor Mr. Totman reported the following to the Board: 1. He passed out his monthly report to all Board Members and stated that he was up in the number of permits by 13 but down in dollars by two million. 2. He also passed out a booklet entitled "Home From Nowhere ". 1 11 I, i i85 continued November 20, 1996 3. He went to court regarding the Ottenschott problem but it was adjourned to a later date. 4. Two trailers have been moved into the Town without permits. One is at 36 Mill Street and the other one is on the corner of Decamp Road and Auburn Road. Neither have received a permit from the Tompkins County Health Department. Even'if they apply through the Code Enforcement Office, Mr. Totman stated that he will not issue a permit until one is received from the Health Department. Mr. Totman stated that the County has been paying the taxes on the property at 36 Mill Street since 1972. Mr. Totman did not feel the present septic system would warrent a new trailer nor is the property large enough to add an additional system. If Mr. Totman does not hear from the Health Department in a few days, he will send out notices to both homeowners stating they have illegal trailers on their property and will give them a stated number of days to take care of the problem. Mrs. Kirby stated that the Annual Association of Towns meeting will be held in New York City February 16 - 19, 1997. Mr. Tvaroha asked Mr. Totman to look into the junk cars, tanks and a junk school bus located between Snyder Road and the Airport runway within the fenced area at the north end of the runway. He asked him to find out if this was in the Town or Village. Mr. John informed the Town Board that he has written a letter to Mr. John Barney requesting the documents that Mr. Orear referred to but has not heard anything back to date. Mrs. Kirby stated that a meeting will be set up regarding finishing the agreement with the Village of Lansing on the shared water and sewer infrastructure as well as the elevated tank. AUDIT RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Tvaroha: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills: GENERAL FUND Prepays 639 -645 & 647 646 - 747 $ 117,656.30 HIGHWAY FUND Prepays 388 - 390 391 - 442 $ 52,212.82 WATER DISTRICTS Prepays 32 & 33 34 - 39 $ 148,931.17 WR. SYS, IMP. PROD. Prepays - 3 $ 56,240.00 LANSING LIGHT DIST. Prepays - 10 $ 11315.74 CAP.FUND /WR.7,EXT.9 36 - 37 $ 128.08 MCKINNEYS Prepays 6 - 7 $ 11694.88 DEBT SERVICE FUND Prepay - 2 $ 62,215.00 WATER 17 47 - 51 $ 41092.79 Vote of Town Board . (Aye) Herbert Beckwith, Councilman Vote of Town Board . (Aye) Paul Butler, Councilman Vote of Town Board . (Aye) Jeffrey Cleveland, Councilman Vote of Town Board . (Aye) Larry Tvaroha, Councilman Vote of Town Board . (Aye) Jeannine Kirby, Supervisor A copy of the minutes of October 2nd & 16th, 1996, having been furnished to the Board beforehand, the Supervisor asked for a motion to make corrections or to accept the same as submitted. RESOLUTION, offered by Mr. Butler and seconded by Mr. Beckwith: I i • continued November 20, 1996 RESOLVED, that the minutes of October 2nd, and 16th, 1996 are hereby approved as submitted. Carried. Carried. RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Cleveland: RESOLVED, that the Regular Meeting be adjourned at 9:27 to go into Executive Session to discuss personnel matters and finance matters regarding the Myers Road Bridge, Carried. RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Cleveland: RESOLVED, that the Executive Session be terminated at 10:09 p.m. and the Regular Meeting be reconvened. Carried. RESOLUTION At a regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Town Hall on November 20, 1996, the following members being present: Jeannine Kirby, Supervisor; Larry Tvaroah, Councilman; Jeffrey Cleveland, Councilman; Paul Butler, Councilman; and Herbert Beckwith, Councilman; the following Resolution was duly made by motion of Herbert Beckwith, and seconded by Larry Tvaroha, and the vote was unanimous. WHEREAS, the County of Tompkins owns a bridge located in the Town of Lansing known as the Myers Road Bridge over Salmon Creek (hereinafter, Bridge), which, in response to a safety inspection of the Bridge in 1992, was closed to vehicular traffic and restricted to pedestrian crossings, and WHEREAS, the County of Tompkins is responsible for the reconstruction of the bridge structure and the Town of Lansing is responsible for the road surface and decking of the bridge, and WHEREAS, the County of Tompkins has scheduled funding for the reconstruction of the Bridge for the 2002 construction season, and WHEREAS, New York State is scheduled to close a nearby bridge over Salmon Creek on State Route 34B, which will increase the need for a safe detour route, and WHEREAS, the Town of Lansing is willing to finance the total cost of reconstruction of the Bridge with the Town of Lansing paying a share of the principal payments and all of the interest charges for the project until the year 2002, the year in which the Bridge is scheduled for reconstruction by the County of Tompkins, in order to allow the bridge reconstruction to proceed during the 1997 construction season, and WHEREAS, for reasons of public safety, service and convenience to the public, the Town of Lansing and County of Tompkins desire to accelerate the schedule for the reconstruction of the Brige, and WHEREAS, the Town of Lansing and County of Tompkins desire to work together to accomplish the reconstruction of the Bridge during the 1997 construction season including securing financing pursuant to the Local Finance Law, and in furtherance thereof, have drafted a letter of intent for the joint project, therefore, it is RESOLVED, that the Town Board of the Town of Lansing approves El continued November 20, 1996 the draft letter of intent, the Town Supervisor is authorized to sign the letter of intent and to execute all necessary documents on behalf of the Town of Lansing in order to proceed with the joint project with the County of Tompkins. Vote of Town Board . (Aye) Herbert Beckwith, Councilman Vote of Town Board . (Aye) Paul Butler, Councilman Vote of Town Board . (Aye) Jeffrey Cleveland, Councilman Vote of Town Board . (Aye) Larry Tvaroha, Councilman Vote of Town Board . (Aye) Jeannine Kirby, Supervisor On motion, meeting adjourned at the call of the Supervisor at 10:10 p.m. 187