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HomeMy WebLinkAbout2011-11-03 Rachel Jacobsen From : Lorraine Moynihan Schmitt [Ischmitt@thalerandthaler. com ] Sent: Thursday, November 03 , 2011 9 : 19 AM To : ' Rachel Jacobsen ' Cc : ' N L Davidson ' • Subject: RE : Eastman- Amended Resolutions Importance : High Hi Rachel : These revisions look great (nice job ! ) , but we should revise the provision below as it is not really accurate . The board classified it as 4 lot (and that is on the tape) so we 'caimot say they classified it as 3 . I think we need to say what the board did on the original application (classify by waiver as 4) but then ADD another WHEREAS clause stating that, on October 24, 2011 , the board reclassified the new revised plat as 3 lot minor which is correct. Do you want to draft the new WHEREAS or shall I ? WHEREAS, on September 12, 2011 , the Town of Lansing Planning Board granted a waiver pursuant to Article 9, Section 900 of the Town of Lansing Subdivision Rules and Regulations Local Law # 2 of 2008, thereby classifying the Subdivision as a minor three (should be four) ( STATE WHAT ACTUALLY HAPPENED ON SEPT 24TH WITH OLD PLAT - CLASSIFIED BY WAIVER AS 4 LOT BUT PUT NEW WHEREAS AS TO THE NEW REVISED PLAT THE BOARD LOOKED AT ON OCT 24TH AND CLASSIFIED AS 3 LOT) lot subdivision and not a major six lot subdivision and making the following findings on the record supporting that determination: Also — not to split hairs but let' s call these CONFORMED resolutions because they conform to the board' s determinations on October 24t1. An AMENDED resolution usually denotes an amendment AFTER the original resolution is passed . Thanks again, and great job ! • Best, Lorraine Lorraine Moynihan Schmitt, Esq . Partner, 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 error, please immediately notify us by telephone (607-272-2314), by fax (607-272-8466), or 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 relationship. • 1 From : Rachel Jacobsen jmailto : tolcodes©twcny . rr . comj Sent : Tuesday, November 01 , 2011 10 : 55 AM To : Lin Davidson , PB Chairman ; LSchmitt@thalerandthaler. com Subject: Eastman- Amended Resolutions Lorraine & Lin , Attached , please find the amended Resolutions for the Eastman Subdivision . Thank you , Rachel 2 Rachel Jacobsen From : Lorraine Moynihan Schmitt [Ischmitt@thalerandthaler. com ] Sent : Thursday, November 03 , 2011 9 : 19 AM To : ' Rachel Jacobsen ' Cc : ' N L Davidson ' Subject: RE : Eastman - Amended Resolutions Importance : High Hi Rachel : These revisions look great (nice job ! ), but we should revise the provision below as it is not really accurate . The board classified it as 4 lot (and that is on the tape) so we cannot say they classified it as 3 . I think we need to say what the board did on the original application (classify by waiver as 4) but then ADD another WHEREAS clause stating that, on October 24, 2011 , the board reclassified the new revised plat as 3 lot minor which is correct. Do you want to draft the new WHEREAS or shall I ? WHEREAS, on September 12, 2011, the Town of Lansing Planning Board granted a waiver pursuant to Article 9, Section 900 of the Town of Lansing Subdivision Rules and Regulations Local Law # 2 of 2008, thereby classifying the Subdivision as a minor three (should be four) (STATE WHAT ACTUALLY HAPPENED ON SEPT 24TH WITH OLD PLAT - CLASSIFIED BY WAIVER AS 4 LOT BUT PUT NEW WHEREAS AS TO THE NEW REVISED PLAT THE BOARD LOOKED AT ON OCT 24TH AND CLASSIFIED AS 3 LOT) lot subdivision and not a major six lot subdivision and making the following findings on the record supporting that determination : Also — not to split hairs but .let' s call these CONFORMED resolutions because they conform to the board' s determinations on October 24th . An AMENDED resolution usually denotes an amendment AFTER the original resolution is passed . Thanks again, and great job ! Best, Lorraine Lorraine Moynihan Schmitt, Esq . Partner, 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 error, please immediately notify us by telephone (607-272-2314), by fax (607-272-8466), or by return email and delete this message. !t 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 relationship. 1