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HomeMy WebLinkAbout2011-04-14 Rachel Jacobsen From : Lorraine Moynihan Schmitt [Ischmitt@thalerandthaler . com ] Sent: Thursday, April 14 , 2011 9 : 36 AM To : ' Lin Davidson' Cc : ' Rachel Jacobsen' ; ' Guy Krogh ' Subject: RE : Eastlake Convenants Greetings, My understanding is that Attorney Peter Walsh, counsel for Eastlake Homeowners' Association, is in the process of working with the Homeowners' Association to revise the Covenants and Restrictions . He understands that he needs to come to the PB for approval of any amendments affecting land use as I have specifically advised him of same . Another burning issue is what about codifying all these historic PDAs, placing same on an updated zoning map, and establishing local laws codifying any restrictions in land use of these undocumented PDAs? I have repeatedly asked for the TB to please address same and have been advised that JO is working on that issue . I am copying Guy to keep him in the loop here, as local legislation is ultimately going to be required, as he is all too well aware . We have both been banging our heads against the wall on this issue for quite a while now . Thanks, Lorraine L orraine Moynihan Schmitt , Esq . P artner , Thaler & Thaler 309 North Tioga Street P . O . Box 266 Ithaca , New York 14851 - 0266 Telephone : ( 607 ) 272 - 2314 Facsimile : ( 607 ) 272 - 8466 Confidentiality Notice : The information contained in this email message may be legally privileged and contain confidential information , and is intended only for the use of the individual or entity to whom it is addressed . If the reader of this message is not the intended recipient , you are hereby notified that any dissemination , distribution , or copying of this message is strictly prohibited . If you have received this email in e rror , please immediately notify us by telephone ( 607 - 272 - 2314 ) , by fax ( 607 - 272 - 8466 ) , o r by return email and delete this message . If you have not formally retained this firm for legal services , then we are not your attorneys and neither this communication nor any attachments hereto constitute the provision of legal services or the establishment or confirmation of an attorney - client ✓ elationship . 1 U- J Original Message From : Lin Davidson [ nailto : nldl@cornell . edu ] Sent : Wednesday , April 13 , 2011 7 : 10 PM To : Lorraine Moynihan Schmitt Subject : Fwd : Eastlake Convenants Importance : High Thank you for the update / reminder . I think the community association should get rolling here . I > ill chat with Lorraine as to the part we should play . LIn > From : Rachel Jacobsen < tolcodes@twcny . rr . com > > To : N L Davidson < n . dl. @cornell . edu > > Date : Tue , 12 Apr 2011 11 : 36 : 40 - 0400 > Subject : Eastlake Convenants > Thread - Topic : Eastlake Convenants > Thread - Index : Acv5J2rndyZ4GR9KQV6Eyby4VcAx / Q= = >Accept - Language : en - US > x - additional - recipients - added : 1 > x - originating - ip : 184 . 74 . 137 . 199 > x - cloudmark - score : 0 > x - original - sender : t_ olcodes@twcnL. rr . com - Tue Apr 12 11 : 29 : 55 2011 > Lin , >As you are well aware , Tom Ellis inquired last > night if we had heard anything from Legal > Counsel with respect to the Eastlake covenants > being updated or relinquished . Below is an > excerpt from 3 / 28 / 11 Minutes where the Board > agreed that you would speak to Lorraine about > this . > Thomas Ellis suggested that the Covenants for > the Eastlake PDA be reviewed by the Town Board > as their sunset clause of 25 yrs is coming to an > end and most likely , the Developer will return > for another proposal . Mr . Ellis requested that > the Planning Board send a recommendation to the > Town Board . Mr . Davidson will speak to legal > counsel with regards to preparing a letter with > respect to this . > The letters she prepared to the Developer and Agents do not mention covenants . > I ' m assuming you will take care of this J > Thanks , >Rachel > " One of the best things about having been a > farmer for three decades or so is that it makes > you really very good at dealing with troubles . > You don ' t actually have a choice . If you ' re > going to be a farmer , lots of things are going > to go wrong and you just need to deal with that > concept , " writes Minnesota farmers and Views 2 ) writer Brent Olson . " You have three choices : You > get good at it at dealing with problems , you > find something else to do , or you paint yourself >blue , move into a cave and train bats and > centipedes to do gymnastics . " * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 3