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HomeMy WebLinkAbout2000-08-16REGULAR TOWN BOARD MEETING Date: August 16, 2000 Time: 7:00 p.m. Place: Lansing Town Hall Board Room AGENDA 1, Call Meeting to Order. 2, Roll Call. 31 , Privilege of the floor: A. Robert Keefe B. Nancy Loncto C. Richard Meagher 4. Overview of Ronsvalle project / Hillcrest & Triphammer area. 5. Water Bill adjustment: 203 Hillcrest Road due to health emergency. 6. Dave Herrick: Updates Final Order for Water #17, Ext. # 6 7. Town Center Committee Recommendations. 8, Tompkins County Quality of Life Committee: Saturday, August 19th - l0am -2pm - Quality of Life Survey, 9. George Totman: Updates 10. Approve Minutes of May 17th, June 21 st and July 19th, 2000. 11. Audit Resolution, 12, Board Reports 13. Executive Session if needed. 14. Adjournment 1 <1 1 August 16, 2000 The Lansing Town Board met in Regular Session at the Lansing Town Hall at 7:00 p.m. with Supervisor Farkas presiding. VISITORS: Pete Larson, George Totman, Robert Baker, Tom Todd, Phil Skeps, Tom Gift, Lyle and Kathy Wadell, Tom Cramor, Joe Woeffe, Tom and Lynda Skibitsky, Doug Firth, Fran Kallfeltz, Scott Sperling, Candis Bailey, John Hummel, Debra Nichols, Linda Hirvonen, Christine Iacobucci, Roger Dedrick, Eileen Stout, Walter Poland, John Kaminsky, Rod Kearl, Mary and Dorothy Krizek, Ivan Pisanelli, Clarence Nero, Kirk Shreve, Cheryl Nickel, Viola Miller, Dennis Osika, Patrick McDonough, Janet and Bob Keefe, Paul Costantini, Craig Trowbridge, Douglas McEver, Ryan Sun, Jean Wentworth, Jackie and Bob Baker, Pat Conlon, John Dean, Maureen Carroll, Ron and Maureen Ronsvalle, Whalen Perkins, Dan Diquore, Victoria Freile and about four other residents. The Supervisor called the meeting to order and had the clerk take the Roll Call, Herbert Beckwith Katrina Greenly Meg Overstrom Francis Shattuck Stephen Farkas Bonita Boles Richard John ROLL CALL Councilperson Present Councilperson Present Councilperson Absent Councilperson Present Supervisor Present Town Clerk Present Town Attorney Present LANSING COMMUNITY NEWSPAPER (LAST ISSUE Mr. Farkas stated that the August 15th, 2000 issue of the Lansing Community Newspaper was the last issue to be published. He commended Mr. Matt Shulman on a job well done. ROBERT KEEFE. Mr. Keefe read the following letter: My name is Robert Keefe. I am speaking on behalf of the other six homeowners in my neighborhood. They are: Jim & Colleen Evans, Conrad & Kay Dalman, Tony & Julie Eisenhut, Mary Lou Szabol, Pat & Gerry McDonough and Dennis & Louise Osika. I would like to go on record tonight stating that I believe the actions of the current Code Enforcement Officer were in violation of New York State Town Law, Section 261, Article 16, P. 206, specifically citing Case Law of Little v. Young, 1948, 82 N.Y.S. 2d, 909, affirmed 274 Appellate Division 1005, 85 N.Y.S. 2d 41, affirmed 299, NY 699, 87 N.E. 2d 74, which reads: "A local legislative body is without authority to delegate its power to zone so that such a legislative body may not grant discretion to its appointee to allow or deny arbitrarily certain qualified listed uses." What this means is that the Code Enforcement Officer cannot make a discretionary decision when acting on a Special Condition such as approving a building permit for apartments. For everyone's information, there are nineteen special conditions listed in Section 802, and apartments are not listed. In our case with apartments in an R2 zone (or any zone, for that matter) the Code Enforcement Officer does not have the authority to make a discretionary decision. These decisions must be referred to the Town Board or to the Planning Board. Because of the Code Enforcement Officer's actions, there was no site plan review, there was no SEQR review, no public hearing, and no notice provided to the adjacent landowners. Further, because of these discretionary actions by the Code Enforcement Officer, we, the ,010 Continued, August 16, 2000 residents of Dandyview Heights as well as Jim & Colleen Evans, feel we have been denied our due process. In addition to the concerns I raised on July 19th, we have recently learned that there were no No.239 reviews requested by the Town of Lansing to the Tompkins County Department of Planning for either Mr. Hovanec's or Mr. Ronsvalle's properties. A 239 review, as required by the New York State Statues reads: A referral must happen if an action applies to certain real property within 500 feet of the right -of -way of any existing or proposed county or state parkway, thruway, expressway, road or highway. Had this review been requested, it would have shown that the egress of over seventy cars a day onto Route 34B would only compound a dangerous stretch of state highway. We have recently learned that Mr. Hovanec did not file a notice of intent (form NOI, GP- 93 -06) concerning erosion control as required by the New York State Department of Environmental Conservation. His development is over five acres and he is required to file this form. The entire neighborhood on Dandyview Heights as well as Bill & Jean Sims, are having problems with the runoff from Hovanec's triplexes. We have recently learned that Mr. Hovanec obtained his permit from the Tompkins County Health Department on the premise that his triplexes "will have no basements and be a little raised." The premise was stated in a letter from the County Health Dept. To Mr. Alpern, Mr. Hovanec's engineer. A copy of the letter was also sent to the Code Enforcement Officer, who subsequently approved the triplexes with basements. Had the proper reviews taken place: site plan, SEQR, #239, and NYSDEC these apartments wouldn't be there. Plain and simple. It is not enough to just look forward with our zoning issues as the Town Supervisor suggests. It is also time to look back and take care of the residents who are being harmed daily by the actions of the Code Enforcement Officer. It is time to do the right thing and rectify these errors by the Town against the landowners. RONSVALLE PROJECT ON N. TRIPHAMMERIHILLCREST ROAD: Mr. Ronsvalle introduced his Engineer, Attorney and his Designer Consultant. He presented his development plans for the Heritage Court Town Houses. He stated that he was raised in Ithaca, put himself through Cornell University and graduated in 1981. He bought his first house in Lansing in 1982 and has been living, working and investing in Lansing since. He stated that the Town House Development would be professionally designed and built and managed from start to finish. The quality will be architecurally desirable in keeping with the neighborhood and should not be compared to manufactured housing as they will have conventional stick built and construction that will meet or exceed the New York State Building Code. He showed the plans to the Town Board and stated that there would be an entrance on Hillcrest Road which would be a private driveway. The original plan was to build eight, six plexus but now the plan calls for four, six plexus making a total of twenty four units. He stated that the current zoning ordinance allows fifty (50) units. The projected monthly rent would be between $1,100.00 - $1,200.00. Each unit would have its own front porch, private back patio, and a one to two car private garage. The desired length of a lease is a minimum of two (2) years. There will be restrictions on outdoor storage for boats, trailers, recreational vehicles, etc. Garbage pick -up will be provided and recycling will be enforced. There will be a safe and private driveway entrance and exit on Hillcrest Road. All drainage and sewer systems will be professionally engineered and installed by local contractors. No views will be obstructed. Landscape design will be provided by a professional landscape 103 Continued, August 16, 2000 architect. The project will provide orders for local Lansing vendors and suppliers. It will also provide contracts for local, Lansing licensed subcontractors and jobs for local Lansing residents. The plan will provide income for the Lansing tax base and numbers to the local Lansing sewer project. He believed that it is the best use of the land on Hillcrest Road. Mr. Ronsvalle met with Skip Hewitt from the Tompkins County Assessment Department. At said meeting Mr. Hewitt stated that the property values in the Horizons development (owned by Alex Cima) has increased and there has not been a negative effect of the sale of property with the Town Houses included in the development. Mr. Ronsvalle stated that based upon the former purchase, his project falls within the current Town of Lansing Zoning Ordinance. The proposed site was reviewed and approved for the housing development by Lansing Town Officials and the Council. He did not buy into the political zoning debate. Lansing is Ithaca's bedroom community and responsible development should not be stopped. He requested the Lansing Town Board not let an amedist fraction of residents negativitily influence the long range, well researched two year old zoning ordinance. He asked the Board to appreciate his plan as a positive development. He then thanked the Town Board. MAHLON PERKINS = ATTORNEY FOR RONSVALLE• Mr. Perkins asked the Board to consider seriously, lifting the moratorium that pertains to Mr. Ronsvalle's project. His reasons were: 1. Mr. Ronsvalle is a responsible purchaser. Before buying the property, he researched what the allowed uses were by the new zoning law. He checked with the code enforcement officer. 2. What Mr. Ronsvalle is proposing, except for the moratorium, is allowed by the Town of Lansing Planning Law. 3. What Mr. Ronsvalle is proposing would result in less density than if the property were fully built out for single family homes. His plan leaves over half the site undeveloped. The plan includes one road cut, a private driveway and cluster development. 4. The development would have a positive increase on the tax base. 5. Mr. Ronsvalle's plans originally were to start construction by October 1 st of this year. The timing is critical as it would give work to crews that he now employees for the winter. 6. The moratorium is a reaction to an ill conceived project with a lack of a plan and commitment by a developer on Ridge Road. He felt Mr. Ronsvalle's development was a world of difference between what he is proposing and what is seen on Ridge Road. 70 It's a little early to think about rewriting a zoning law that is only two years old. There needs to be some stability in the zoning law and allowed uses. 8. He felt when all the equities are balanced, the reasonable reaction would be to lift the moratorium as it pertains to Mr. Ronsvalle's project. He respectively requested the Town Board to seriously consider lifting it. A discussion was held regarding a water bill adjustment for a lady who suffered a stroke and left the water running over a weekend. The account number is R4546 in the name of Betty Mahoney at 203 Hillcrest Road. This will be discussed again after the next billing cycle to see how much more water was used then normal. ACCEPT BID FOR WATER DISTRICT 17 EXT. 6: RESOLUTION, offered by Mr. Beckwith and seconded by Mrs. Greenly: WHEREAS, the Lansing Town Board, having received one proposal in response to the Request For Proposals made by the Town of Lansing for bids on the construction of the improvements contained within Water District 17 Extension 6 in the Town of Lansing; i_ 1, Continued, August 16, 2000 WHEREAS, the bid received from Spuds Excavating, Inc. Proposes to complete the installation of the water pipes and appurtenant devices at a cost of $ 17,820.00, which is within the amount estimated by the Town Engineer for the construction work; therefore, it is hereby RESOLVED, that the Town of Lansing authorizes the Town Supervisor to accept the proposal of Spuds Excavating, Inc. for the construction work to be performed in the installation of the water lines and appurtenant devices in Water District 17 Extension 6, in the amount of $17,820.00, subject to the execution of documents and the approval of the Town Engineer and Town Attorney. Vote of Town Board ... (Aye) Herbert Beckwith, Councilperson Vote of Town Board ... (Aye) Katrina Greenly, Councilperson Vote of Town Board ... (Aye) Francis Shattuck, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor WATER 17, EXTENSION #7: A highway work permit and schematic design drawing were submitted to NYSDOT for approval of the installation of 150 feet of 12 -inch main across the new culvert. DOT responded quickly with their approval and the contractor, Economy Paving, obtained the materials and completed the installation on August 14, 2000. The cost as authorized by the Board is $ 7,500. This is a substantial savings from the true cost if the same main was installed at a later date when all of the paving and guiderail work would be disrupted. The contractor will be submitting a record of drawing of the main for future reference. TRANSPORTATION PLANNING - PAGE SUBDIVISION: Per the Board resolution on June 21, 2000, Mr. Herrick observed the private drive constructed for the Page Subdivision and summarized his findings and recommendations in a letter to Supervisor Farkas on August 1, 2000. Mr. Herrick urged the Board to consider developing and establishing some "minimal" design and construction standards for future private drives if their use will continue to be permitted. He felt, perhaps a group of planning, technical, highway department and emergency agency folks could lend some assistance. Mr. Herrick was not in attendance but presented this to the Board via Mr. Farkas). TOWN CENTER COMMITTEE RECOMMENDATIONS: Cheryl Nickel and Rod Kearl gave a presentation and drawing to the Town Board for the parking area in front of the new Town Hall. Cheryl Nickel stated the following: 1. There will be a total of 55 spaces which include 3 handicapped spaces. 2. Felt a Town Center should be based around specific buildings in the town and would include green space, trees, sidewalks, benches, etc. Felt a Town Center would be attractive for businesses. 3. She has about 200 signatures which would be about $ 2,000.00 in donations towards the project. Others would like to support the project also. 4. She felt a project like this one is critical to the future of Lansing. 5. Fund raising may come from: Buying a brick - cost to be about $25.00 per brick. NYSDOT & County Scenic by -ways project (for improvements at the Rogues Harbor intersection). County encouraged the committee to apply for the funds available. Commercial Center Revitalization Committee would have to be met in kind work. Mr. Rod Kearl stated the following: i t' 105 Continued, August 16, 2000 1. Two parts to the plan. Part one would change Route 34 from a rural highway to more of a city street as curbing would be placed along the right -of -way. Utilities would be put underground and white oaks would be planted along with pole lights. This would cover the area from the intersection on East Shore Drive to the Triphammer Road intersection. 2. There would be a two -way traffic circulation between the old town hall and the new one. Shade trees would be planted along with park benches and lights. The sidewalks will be six feet wide to allow the passing of two wheelchairs. 3. Contribution of plants and trees will be made from town residents. 4. He will leave copies of the proposed plan for anyone interested. Mr. Farkas commended the committee on the very short term they had in order to produce the plan. There is no cost estimate for any of the improvements as of yet. Mr. Farkas stated that he had some real concern about the parking and snow removal. Cheryl Nickel asked the Town Board to approve the plan concept that mask miser and the amenities. She understands that permanent requirements would have to be met and that some details would have to worked out and be contingent on the funding possible for the concepts that were talked about. She felt parking was important but stated that she would be willing to walk 30 more feet if she could get a tree. Mr. Larson had the following comments and concerns regarding the proposal: 1. Looks at it practically. How will it be maintained? 2. How will this be plowed? It would be extremely difficult. He stated that last year the parking lot was plowed 48 different days. It was also salted and sanded. 3. Opposed to anything that takes away from parking. On a normal day, with nothing going on there were 30 cars in the parking lot. (14 employees) 4. No place to stack snow. 5. Light poles are too close to the curb for plowing and parking. 6. When there is court the parking lot is totally full. 7. Who will shovel all the sidewalks? 8. Who will take care of the trees, shrubs, etc.? 9. Highway Department does not have the time or money to maintain the plan. 10. The plan looks at the old town hall as a big part. There is a five year lease, so what happens in five years if it gets torn down? 11. Town Highway Dept. does not have the expertise or the time to take care of such a project. Would have to hire it done. 12. Felt it would cost at least $250,000.00 for proposed project. 13. To take off his hat as Highway Superintendent, Mr. Larson did not feel that 200 people signing a paper was a true representation of the whole town. 14. As a resident, he was not convinced there was a need for a Town Center as he felt the center of town was wherever a group of people wanted to make it. The following resolution was then adopted: RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Greenly: WHEREAS, the Lansing Town Board, having delayed the installation of blacktop in the parking area for the new Town Hall in order to receive input from the Lansing Town Center Committee; and WHEREAS, the Town Center Committee presented a proposal for a design showing walkways, brickwork, trees and other landscaping for the area around the new Town Hall as well as the old Town Hall, the Grange building and the old school house; and WHEREAS, the Town Board received further comment from the Town Highway Superintendent as well as other members of the community; therefore it is hereby 1 i Continued, August 16, 2000 RESOLVED, that the Town of Lansing authorizes the Town Highway Superintendent to proceed with installing the base coat of the blacktop for the parking area, but to consult with the Lansing Town Center Committee and attempting to accommodate the design proposals that will not interfere with maintenance and snow plowing of the parking area. Vote of Town Board ... (Aye) Herbert Beckwith, Councilperson Vote of Town Board ... (Aye) Katrina Greenly, Councilperson Vote of Town Board ... (Aye) Francis Shattuck, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor Viola Miller stated that long ago when a new Town Hall was discussed, it was her understanding that the ballfield directly behind the new Town Hall was temporary and would later be used for parking. Mr. Shattuck stated that he was for the design completely but that there were some problems with it and felt the Highway Superintendent should have been involved in the plan. He commended the committee on the work they performed and urged them to keep working on a solution. Linda Hirvonen stated that there are hundreds of Lansing residents involved in old and new committees who want to see something done for the town. TOMPKINS COUNTY QUALITY OF LIFE COMMITTEE: Mr. Farkas stated that there will be a committee to go over a quality of life survey on Saturday, August 19th from 10:00 - 2:00 p.m. at the Lansing Town Hall. Mr. Shattuck will be hosting the event. SEWER MEETING: Mr. John Kaminski stated that there will be a "secret" meeting of the Lansing Sewer Board on August 28, 2000 at the Lansing Town Hall at 7:00 p.m: MORATORIUM EXTENSION: Mr. Farkas asked the Board to consider an extension of the multi - dwelling moratorium to December 31, 2000. The following resolution was then adopted: RESOLUTION, offered by Mr. Beckwith and seconded by Mrs. Greenly: WHEREAS, the Lansing Town Board, having received public comment concerning a provision of the Town of Lansing Land Use Ordinance, as amended July, 1998, involving the conditions required for the construction of multiple dwelling units in the Town of Lansing, particularly the category entitled "Dwelling, conversion of existing building into three or four dwelling units, multi - family including apartment and condominium, townhouse "; and WHEREAS, the Town Board, by prior resolution imposed a sixty day moratorium on the granting of building permits for multiple dwelling units as entitled in the Town of Lansing Land Use Ordinance as "Dwelling, conversion of existing building into three or four dwelling units, multi - family including apartment and condominium, townhouse" in order to review the Land Use Ordinance in light of the public comment received and to consider possible amendments to such Ordinance; and WHEREAS, the Town Board wishes to have an additional appropriate period of time in which to discuss and consider the issue of amending provisions of the Town of Lansing Land Use Ordinance before allowing the issuance of building permits for the construction or conversion of further multiple dwelling units in the Town of Lansing; therefore it is hereby RESOLVED, that the Town of Lansing shall extend the moratorium on the issuance of building permits for multiple dwelling units as entitled in the Town of Lansing Land Use 107 Continued, August 16, 2000 Ordinance as "Dwelling, conversion of existing building into three or four dwelling units, multi- family including apartment and condominium, townhouse" until December 31, 2000, unless sooner terminated or extended, in order for the Town Board to discuss and consider the issuance of amending provisions of the Town of Lansing Land Use Ordinance; and it is further RESOLVED, that any denial of a building permit pursuant to the terms of the moratorium shall be subject to review by the Board of Zoning Appeals under the process for use variances. Vote of Town Board ... (Aye) Herbert Beckwith, Councilperson Vote of Town Board ... (Aye) Katrina Greenly, Councilperson Vote of Town Board ... (Aye) Francis Shattuck, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor CODE ENFORCEMENT OFFICER'S REPORT: Mr. Totman stated that he was 30 permits down but was up 4.5 million dollars from last year. APPROVAL OF MINUTES: A copy of the minutes of May 17th, June 21 st and July 19th, 2000, having been given to the Board Members beforehand, the Supervisor asked for a motion to make corrections or to accept the same as submitted. RESOLUTION, offered by Mrs. Greenly and seconded by Mr. Beckwith: RESOLVED, that the minutes of May 17th, June 21 st and July 19th, 2000 are hereby approved as submitted. Carried. Carried. Carried, AUDIT RESOLUTION: RESOLUTION, offered by Mr. Beckwith and seconded by Mrs. Greenly: bills: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following Voucher Numbers: 729-852 Prepaid Vouchers: 729 GENERAL FUND $ 491118.04 HIGHWAY FUND $ 100,695.73 LANSING LIGHTING DISTRICTS $ 15320.61 LANSING WATER DISTRICTS $ 265986.17 TOWN HALL PROJECT $ 12,005.41 OTTENSCHOTT PROPERTY CLEAN UP $ 400.00 Vote of Town Board. (Aye) Herbert Beckwith, Councilperson Vote of Town Board. (Aye) Katrina Greenly, Councilperson Vote of Town Board ... (Aye) Francis Shattuck, Councilperson Vote of Town Board. (Aye) Stephen Farkas, Supervisor It 107 Continued, August 16, 2000 Ordinance as "Dwelling, conversion of existing building into three or four dwelling units, multi- family including apartment and condominium, townhouse" until December 31, 2000, unless sooner terminated or extended, in order for the Town Board to discuss and consider the issuance of amending provisions of the Town of Lansing Land Use Ordinance; and it is further RESOLVED, that any denial of a building permit pursuant to the terms of the moratorium shall be subject to review by the Board of Zoning Appeals under the process for use variances. Vote of Town Board ... (Aye) Herbert Beckwith, Councilperson Vote of Town Board ... (Aye) Katrina Greenly, Councilperson Vote of Town Board ... (Aye) Francis Shattuck, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor CODE ENFORCEMENT OFFICER'S REPORT: Mr. Totman stated that he was 30 permits down but was up 4.5 million dollars from last year. APPROVAL OF MINUTES: A copy of the minutes of May 17th, June 21 st and July 19th, 2000, having been given to the Board Members beforehand, the Supervisor asked for a motion to make corrections or to accept the same as submitted. RESOLUTION, offered by Mrs. Greenly and seconded by Mr. Beckwith: RESOLVED, that the minutes of May 17th, June 21 st and July 19th, 2000 are hereby approved as submitted. Carried. Carried. Carried, AUDIT RESOLUTION: RESOLUTION, offered by Mr. Beckwith and seconded by Mrs. Greenly: bills: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following Voucher Numbers: 729-852 Prepaid Vouchers: 729 GENERAL FUND $ 491118.04 HIGHWAY FUND $ 100,695.73 LANSING LIGHTING DISTRICTS $ 15320.61 LANSING WATER DISTRICTS $ 265986.17 TOWN HALL PROJECT $ 12,005.41 OTTENSCHOTT PROPERTY CLEAN UP $ 400.00 Vote of Town Board. (Aye) Herbert Beckwith, Councilperson Vote of Town Board. (Aye) Katrina Greenly, Councilperson Vote of Town Board ... (Aye) Francis Shattuck, Councilperson Vote of Town Board. (Aye) Stephen Farkas, Supervisor Continued, August 16, 2000 TOWN BOARD REPORTS: Mr. Shattuck reported the following: From the Planning Board: Thanked the people for coming to the meeting and asked that they keep attending. Mr. Beckwith reported the following: Intermunicipal Communication Franchise Ordinance: Mr. Beckwith stated there will be a meeting on August 31 st and will report on it at the next meeting in September. MORATORIUM COMMENT: Mr. Osika stated that the Board was making a wise move regarding the opportunity to improve the law, which he feels is inadequate. He stated that a month has gone by and he has seen nothing in the way of enforcement of the infractions already slated. He told the Board to look at Article 14. He wanted to know when the Board will demonstrate enforcement of the violations of the Town Law. Mr. John stated the following: He felt there could be different interpretations on whether or not there were violations of the zoning ordinance. He apologized to everyone present who attended the July 19th meeting at which he was absent. He stated that George Totman came to him with Mr. Ronsvalle's initial proposal. Mr. Totman and Mr. John went over the Zoning Ordinance at that time and Mr. John stated that Mr. Totman was following the dictates of the ordinance. He felt Mr. Totman took a lot of unfair comments about his role at the July 19th meeting when Mr. John had agreed with his actions as discussed prior to the meeting. Mr. Doug Firth asked Mr. John if he agreed that the current zoning ordinance requires a SEQR. Mr. John stated that he will look into the matter again but that his initial review of both, when Mr. Totman first brought it to him, before the July 19th meeting and his review since indicates that under the current ordinance, it is an administerial decision. Scott Sperling felt that if a building plan is submitted with certain specifications on the plan that are approved either by the Tompkins County Health Department or by the Town Board or the Building Department then changed by the builder without proper authorization or proper variances, it should be red flagged and stopped immediately. He felt laws could be broken by allowing a project to continue that has not maintained the course of what the original plan was. Mr. John stated that the issue regarding Mr. Hovanec getting a building permit and Tompkins County Health Department approval for two (2) bedroom apartments and advertising for three (3) was investigated. It was referred back to the Health Department. It appears they are building two (2) bedroom apartments. They are advertising two to three bedrooms because Mr. Hovanec also owns three bedroom apartments elsewhere. Mrs. Keefe asked if Mr. John read the ad from the Ithaca Journal. She stated that on four different occasions over the past four months, calls were made to his office and were told there were three bedroom apartments being leased. She did not feel it was investigated thoroughly. Mr. John asked if leases were being signed for three bedroom apartment. Mrs. Keefe could not say but felt the town should investigate it. Mrs. Keefe also stated that Mr. Ronsvalle is advertising for three bathrooms and his permit authorizes two bathrooms. She read a letter from the Health Department stating that the buildings would have no basements and would be a little raised. On June 16th, Mr. Totman issue a permit to Mr. Hovanec that was marked "yes" when asked if there would be a basement. Mr. Pasto asked the Board why someone has not gone into the apartments to see how many bedrooms there are. Mr. Totman stated that as the buildings are being built, they are inspected at each stage and if there are more bedrooms then was authorized, they would be notified at that point. If a builder does something with a room after they have been inspected, he can not see what they are •, Continued, August 16, 2000 or are not doing. He stated that a building permit is not issued until Health Department approval is given for a septic system. He stated that the water usage at Mr. Hovanec's apartments has been monitored and the usage is about half of what the Health Department has approved. Mr. Keefe stated that the problem was brought to the Town's attention on July 19, 2000 and that the Town has not acted on it. Mr. John stated that Mr. Keefe's statement was NOT true and that the complaint was received, investigated, referred to the Health Department, approved for two bedrooms and as far as the Town knows, there are two bedrooms being built. He asked if there is proof of people living in the apartments using three bedrooms and if so they should bring the information forward. Mr. Kallfeltz asked if Mr. Ronsvalle's plan was approved by Mr. John and Mr. Totman because of the wording "low density ". Mr. John stated that the chart in the zoning ordinance was used and that multiple - dwelling units are allowed in low density residential areas. Mr. John will look at the ordinance again. Mr. Kallfeltz then asked what is reasonable imprudent with respect to any reasonable definition of low density residential. He did not feel any reasonable definition of low density residential could include eight buildings with six apartments each on a fourteen acre lot. Mr. Scott Sperling suggested that the Town Board get a few people from the planning committee or volunteers who are in planning or find an outside uninterested third party to follow up on some of the building projects that are already in progress and do an individual building inspection. He felt a third opinion would eliminate bias opinions and give the Board clarity. He will put this in writing for the September 6th meeting. WATER DISTRICT NO, 17, EXTENSION 6• FINAL ORDER AND RESOLUTION OF THE TOWN BOARD TOWN OF LANSING ESTABLISHING WATER DISTRICT NO, 17 EXTENSION 6 In the matter of the establishment of Lansing Water District No. 17, Extension 6, Town of Lansing, Tompkins County, New York, pursuant to Article 12 -A of the Town Law: RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Shattuck: WHEREAS, a map, plan and report having been prepared by the Town Engineer, T.G. Miller, P.C., David A. Herrick, being duly licensed by the State of New York, dated March 22, 2000, in such manner and in such detail as had 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, such map, plan and report, as revised, have been duly filed in the Town Clerk's Office in said Town; and WHEREAS, said map, plan and report showed the boundaries of the proposed district, a general plan of the water system, water mains, fire hydrants and other related and necessary appurtenances and a report of the proposed improvements, the estimated expense of these improvements, the proposed method of financing, and all other matters required by law to be stated, which map, plan and report are on file in the Town Clerk's Office for public inspection; and WHEREAS, an Order was passed on March 22, 2000, designating April 5, 2000, at 7:00 p.m. at the Lansing Town Hall in Lansing, New York, to consider the revised map, plan, and report and to hear all persons interested in this matter and to take action as required by law and to comply with the requirements of the Town Law and Part 85 of Chapter III of 2 New York Codes, Rules and Regulations; and WHEREAS, said Order setting public hearing was published and posted as required by law; and 110 Continued, August 16, 2000 WHEREAS, public hearing on the matter was held by the Town Board on April 5, 2000, and the matter was fully discussed and all interested parties and persons were heard; and WHEREAS, the Town Board of the Town of Lansing has determined that review and approval of the water district financing by the New York State Department of Audit and Control is not required as the proposed Water District 17 Extension 6 will not involve financing by the Town of Lansing. Upon the evidence given at the hearing and upon a motion duly made, the following resolution was unanimously adopted: IT IS HEREBY DETERMINED that. a.) The notices 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 March 22, 2000, be approved, that the requested improvement be constructed and that the necessary easements and land be acquired upon the required finds being made available and provided for. IT IS FURTHER RESOLVED, that this district shall be known as Lansing Water District No. 17 Extension 6 in the Town of Lansing and shall be bounded and described as shown on Exhibit A to the Order of the Town Board dated March 22, 2000, specifying the time and place of the public hearing on the establishment of Water District No. 17 Extension 6. IT IS FURTHER RESOLVED, that this resolution is not subject to approval by the New York State Department of Audit and Control. IT IS FURTHER RESOLVED, that the Town Clerk of the Town of Lansing is hereby authorized and directed, pursuant to Town Law Section 209 -g to file this Final Order with the Tompkins County Clerk within (10) days after the adoption of this Order. Vote of Town Board ... (Aye) Herbert Beckwith, Councilperson Vote of Town Board ... (Aye) Katrina Greenly, Councilperson Vote of Town Board. (Aye) Francis Shattuck, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor WATER DISTRICT NO. 19: FINAL ORDER AND RESOLUTION OF THE TOWN BOARD TOWN OF LANSING ESTABLISHING WATER DISTRICT NO. 19 In the matter of the establishment of Lansing Water District No. 19, Town of Lansing, Tompkins County, State of New York, pursuant to Article 12 -A of the Town Law RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Shattuck: WHEREAS, a map, plan and report having been prepared by the Town Engineer, T.G. Miller, P.C., David A. Herrick, being duly licensed by the State of New York, dated July 21, III Continued, August 16, 2000 1999 and revised August 4, 1999, in such manner and in such detail as had 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 showed the boundaries of the proposed district, a general plan of the water system, water mains, fire hydrants and other related and necessary appurtenances and a report of the proposed improvements, the estimated expenses of these improvements, the proposed method of financing, and all other matter required by law to be stated, which map, plan and report are on file in the Town Clerk's Office for public inspection; and WHEREAS, an Order was passed on August 4, 1999 designating August 18, 1999 at 7:00p.m. at the Lansing Town Hall Court Room in Lansing, New York, to consider the revised map, plan and report and to hear all persons interested in this matter and to take action as required by law and to comply with the requirements of the Town Law and Part 85 of Chapter III of 2 New York Codes, Rules and Regulations; and WHEREAS, said Order setting public hearing was published and posted as required by law; and WHEREAS, public hearing on the matter was held by the Town Board on August 18, 1999, and the matter was fully discussed and all interested parties and persons were heard; and WHEREAS, the Town Board of the Town of Lansing determined that review and approval of the Water District financing by the New York State Department of Audit and Control was required and an application was submitted to the New York State Department of Audit and Control, and approval of the Water District 19 was received dated June 6, 2000, which approval is on file in the Town Clerk's Office for public inspection. Upon the evidence given at the hearing and upon a motion duly made, the following resolution was unanimously adopted: IT IS HEREBY DETERMINED that: a.) The notices 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 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 July 21, 1999 and revised August 4, 1999, 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. IT IS FURTHER RESOLVED, that this district shall be known as Lansing Water District No. 19 in the Town of Lansing and shall be bounded and described as show on Exhibit A to the Order of the Town Board dated August 4, 1999, specifying that time and place of the public hearing on the establishment of Water District No. 19. IT IS FURTHER RESOLVED, that the proposed improvement, including construction costs, cost of acquisition of lands and easements, legal and engineering fees, and all other expenses, be financed by the issuance of serial bonds of the Town of Lansing to mature in a 112 r. Continued, August 16, 2000 number of annual installments not exceeding twenty (20) years as may be determined by the Town Board, the cost of constructing Lansing Water District No. 19, to be assessed by the Town Board in as close a proportion to the benefit to which each lot or parcel derive from the improvement as is possible. IT IS FURTHER RESOLVED that this resolution is subject to permissive referendum as provided in Town Law, Section 209 -e in the manner provided in Article 7 of the Town Law, IT IS FURTHER RESOLVED that the Town Clerk of the Town of Lansing is hereby authorized and directed, pursuant to Town Law Section 209 -g to file this Final Order with the Tompkins County Clerk and the New York State Office of Audit and Control within then (10) days after the adoption of this Order. Vote of Town Board ... (Aye) Herbert Beckwith, Councilperson Vote of Town Board ... (Aye) Katrina Greenly, Councilperson Vote of Town Board ... (Aye) Francis Shattuck, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor WATER DISTRICT #12 EXT. #2 NOTICE TO ALL TOWN OF LANSING RESIDENTS NOTICE OF PUBLIC HEARING REGARDING OF THE ESTABLISHMENT OF WATER DISTRICT 12, EXTENSION NO. 2 (Town Law 209 -d) RESOLUTION, offered by Mr. Beckwith and seconded by Mrs. Greenly: WHEREAS, the Town Board of the Town of Lansing, Tompkins County, New York, having received a request for consideration of the establishment of a Water District Extension in said Town to be bounded and described as follows: The properties located on East Shore Circle and a portion of Teeter Road, being all those tax map parcels indicated on Schedule A to this Notice of Public Hearing, and, WHEREAS, the construction proposed consists of the installation of approximately 2,480 linear feet of 8 inch ductile iron pipe connected to the 8 inch water main on East Shore Circle (Water District No. 12) and the 8 inch water main on East Shore Drive (Water District No. 7). Approximately 380 linear feet of 8 inch ductile iron pipe will also extend to the West side of parcel 37.1 -7 -27 on Teeter Road, together with appurtenant facilities including valves, fire hydrants and connections to the existing mains, in accordance with a map, plan and report contained within an Engineer's Report prepared by the Town Engineer, which report is made a part of such petition and is now on file in the office of the Town Clerk of the said Town, and WHEREAS, the maximum amount proposed to be expended for said Water District, as stated in the said petition, is in the sum of One Hundred Sixty -Six Thousand Four Hundred and 00 /100 Dollars ($ 167,400.00), and with a proposed financing term of twenty years and a bond rate of 5.50 %, the estimated annual cost for a typical property within the Water District is $ 778.20 plus the estimated average annual cost of water in the amount of $ 316.44, and estimated average one time hook -up fees for construction of the service line to the residence in the amount of $ 1,175.00; THEREFORE, upon the motion of Herbert Beckwith and seconded by Katrina Greenly, and the vote being unanimous, it is hereby ORDERED, that a meeting of the Town Board of the said Town of Lansing shall be held at the Lansing Town Hall, Lansing, New York on the 6th day of September, 2000 at 7:00 in the evening of that day to consider the said petition and to hear all persons interested in the subject thereof concerning the same and for such other action on the vote of said Town Board with relation to the said petition as may be required by law or proper in the premises. s: 113 Continued, August 16, 2000 Vote of Town Board ... (Aye) Herbert Beckwith, Councilperson Vote of Town Board. (Aye) Katrina Greenly, Councilperson Vote of Town Board ... (Aye) Francis Shattuck, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor RESOLUTION, offered by Mr. Beckwith and seconded by Mrs. Greenly: RESOLVED, that the Regular Meeting be adjourned to go into Executive Session at 9:09 p.m. to discuss the Ottenschott matter and a personnel matter. Carried. RESOLUTION, offered by Mr. Beckwith and seconded by Mr. Shattuck: RESOLVED, that the Executive Session be terminated and the Regular Meeting be reconvened at 9:39 p.m. Carried. On motion, meeting adjourned at the call of the Supervisor at 9:40 p.m.