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HomeMy WebLinkAbout1995-03-07 • 125 Triphammer Terrace Ithaca, NY 14850 March 7 , 1995 Mr. Larry Sharpsteen Chairman, Lansing Town Planning Board P . O . Box 186 Lansing , NY 14882 Dear Mr. Sharpsteen : 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 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 . Mr. Larry Sharpsteen Page 2 March 7 , 1995 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 flooding problem can occur at any time , it is imperative that the drainage solution be constructed first . The warm February and March weather (including rain ) has already caused runoff from the proposed development site to drain onto our property . 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 mad 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 restrictions , together with the exact language that the Board will require . The deed restrictions should be common to all lots along the north side of 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 approval by the Town Attorney . . r • l h. 1 • • Mr. Larry Sharpsteen Page 3 March 7 , 1995 • 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 Drive Robert J . Holdsworth , Jr. , Esq . , Harris , Beach & Wilcox Ms . Mary Decker , Listing Agent , ReMax Associates Real Estate Mr. John J . Horky , owner of parcel