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HomeMy WebLinkAboutTB Minutes 1983-01-26 TOWN OF ITHACA SPECIAL BOARD MEETING JANUARY 26 , 1983 At a Special Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York. , held at the Town offices at 126 East Seneca Street , Ithaca , New York , at 5 : 30 P . M . , on the 26th day of January , 1983 , there were : PRESENT : Noel Desch , Supervisor Marc Cramer , Councilman ® Shirley Raffensperger , Councilwoman Henry McPeak , Councilman Dooley Kiefer , Councilwoman David Jennings , Councilman ® ABSENT : George Kugler , Councilman ALSO PRESENT : C . Weisburd , Calkins Road P . Walsh , Thaler & Thaler Dan Peterson , 110 Dey Street Edna Clausen ,. 1421 Slaterville Road Carolyn Peterson , 110 Dey Street Dom Clausen , 1421 Slaterville Road Ben Peterson , 110 Dey Street Erin Peterson , 110 Dey Street Jerry Weisburd , Calkins Road Representatives of the Media : Bruce Ryan , WHCU Carol Boyd , WTKO PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . PROCEDURE TO APPROVE COMNIONLAND COVENANT Supervisor Desch stated the reason for the meeting tonight was for the Board to educate themselves on the Declaration of Covenants and Restrictions and the By - Laws of the Ccmmonland Community . He commented that the Town Board , in the past , has reviewed and approved other such covenants , e . g . , Eastwood Commons . The Town Board will review them and then approve appropriate sections of the Covenants , after ® they are completed . He stated that discussion of these matters will continue at the February 7th Board meeting . The Supervisor then turned over the meeting to Mr . Peter Walsh of Thaler & Thaler who is representing Mr . Weisburd , Mr . Walsh noted that this was not a typical grid subdivision , as there will be clustering and the proposal has some common aspects . There is to ba a not - for - profit association which will take title to commonlands and areas . The property is sold to individual owners who own the land and building . The development reserves open land , the owner owns the open space with the developer in an association . All land owned privately and by the association is made a part of the Declaration of Covenants . All land is governed by restrictions through the Covenants , like an easement . The Declaration of Covenants and Restrictions will burden the land . The Town Planning staff spent a considerable amount of time on this . The owners will not be able to set up a garage , store gasoline , or paint the side of the building purple without the permission of the association . Town Board Minutes - 2 - January 26 , 1983 The Zoning Ordinance permits clustering , does not address density . The density will be no more than is permitted under the Zoning Ordinance . Mr . Walsh went on to say that the Covenants picks up the definition of a family , as stated in the Zoning Ordinance . One bedroom units , which are the most restrictive , permits two unrelated persons ; two bedroom units permits three unrelated persons ; three bedroom units permits three unrelated persons . The obligations of the owners carry over to the leasee also . Mr . Walsh went on to say that the By - Laws will govern the Homeowners Association . If a person buys property they must be a part of the Association . There are procedures for grievances . A quorum must be present for a meeting and ® there are provisions for an Annual Meeting . Through an agreement between the Town Planning staff and ourselves , there will also be a requirement that the Covenants and Restrictions be noted in each deed . This was also a requirement of the Planning Board , Councilwoman Kiefer stated that she thought the By-Laws should stand on their own . She suggested that they begin by stating the purpose , and that basic definitions should also be included . Mrs . Kiefer stated , for example , quorum is talked about_ early in the text , however , the word quorum is not defined until way later . She also stated that she felt the text should be re - ordered into a logical sequence , perhaps using standard by laws models and heading for ease of reference . Councilwoman Kiefer went on to state that she felt the quorum question was unclear . 75 % of Class A and Class B shall constitute a quorum , the next reference is 2 / 3 of the previous quorum , isn ' t that 500 , and isn ' t it easier to say 50 % Mr . Walsh responded that a reduced quorum is needed if there is not a full quorum the first time . Also , keep in mind that we are restricted by law . Section 16 , 17 and 18 of the By -Laws refer to the Board of Directors , it was questioned as to who was responsible for what . Councilwoman Kiefer , referring to pp . 14 - 161, asked NIr . Walsh to explain the language on liability and indemnification . Peter Walsh responded that the officers and directors were liable to the membership of the Association only if grossly ® negligent , e . g . , they are not liable for simple errors of judgement , bu are liable if they don ' t act in good faith , • ' They are not liable to someone outside the Association who claims damage . The membership may purchase and maintain liability insurance for their officers , if they deem it necessary . Supervisor Desch noted that a lot of the sections did not have captions , and he stated that if the section had captions and were indexed , there would be less confusion . Mr . Walsh stated that a summary would be prepared for the owners , in regular language , plus they will receive a full copy . Councilwoman - Raffensperger , referring to pg . 510, questioned the renting of up to 10 units without limitation of the period of rental . Town Board Minutes - 3 - January 26 , 1983 Mr . Walsh responded that this is more significant . in the early stages of the development . If the bottom should fall out of the economic market the units could just sit there . Also , this will protect the Town , so the project does not end up with with buildings that are started but never finished . Councilwoman Kiefer , referring to p . 52 ( Occupancy by Unrelated Persons ) stated that this language tracks the existing Zoning Ordinance , with no reference to ® incorporating any further Zoning Ordinance revisions . Councilwoman Raffensperger and Attorney Buyoucos both said that was good that way since the old Zoning Ordinance will ® be more restrictive . Councilwoman Kiefer pointed out , however , that using the old concept of family of having all members related , than a 2 bedroom unit could have 2 multi -person families . Councilman McPeak stated that he could not find in the By - Laws any reference to common expenses . Is there any protection for the buyer ? Peter Walsh responded that there is a provision in the Covenants that requires the members to approve the maximum assessment amounts . Dan Peterson , 110 Day Street asked the Board to consider some additions to the Covenants , which he distributed - - " The following points should be included in the Covenants because there is no guarantee that the Association By - Laws would incorporate them . Certain environmental concerns were mitigated by assuming the conscientious actions of the residents . However , it is usually helpful to have written rules to abide by . These additional points are essential to maintaining the wildlife , steep slopes , and water quality of the gorge . Section on Vehicle Maintenance - add a specific clause prohibiting the dumping of motor oil and / or anti - freeze on to the ground or into the storm sewers . Page 42 , Section 4 - " there shall be no obstruction of . . . . " Add manmade or natural drainage ways . Page 44 , Section 8 - When dealing with matters of potential ® harm or disturbance to other residents , two actions should be explicitly prohibited ; open fires and hunting . Open fires and hunting not only affect Commonland residents but persons s owning adjoining properties as well . New Clause - The Residents Association should work closely with the City of Ithaca , the Circle Greenway and the Ithaca Conservation Advisory Council to protect the ecology of the City owned area of the Reservoir wit h which it shares a large boundary . Unitl further notice , residents may not enter into the gorge area except by the Giles Street entrance . " Mr . Walch commented that the thought most of these were already covered , and he saw no problem with adding the language on pp . 42 and 44 . Town Board Minutes - 4 - January 26 , 1983 Town Attorney James Buyoucos stated that he did not want to put the Town Board in a position to approve the By - Laws , it is not a function of the Town Board to approve the By - Laws , unless you find something very wrong that could affect the issuance of a Building Permit . In general , function of Town Board or Planning Board is to incorporate conditions to which the site plan is approved . Every unit owner or every transferee will receive conditions under which project was approved . Control is in the conditions which the Planning Board has set , this includes occupancy . Mr . Peterson ' s ® suggestions could be included , as they are concerns already expressed by the Planning Board . Also , the Declaration of Covenants and Restrictions are subject to conditions , etc . , in the final approval of the Planning Board . Subject to the ® Zoning Ordinance and all applicable codes , rules and regulations . Nobody can then say they did not know , Mr . Weisburd then is not subject to any legal action because they cannot say Mr . Weiburd did not tell them . Mr . Buyoucos went on to say that it is not clear that the Town Board must approve the Declaration of Covenants and Restrictions . Supervisor Desch suggested there might be a resolution approving the general concept . Attorney Buyoucos said that , instead , a resolution might approve only certain sections . The Board should concentrate on things that will run with the land , for example , thou shall not build more than . . . The Declaration of Covenants and Restrictions provides for amendments as standard procedure , you won ' t find any without a provision for amendments . The Board might want to consider a control , saying any amendments are subject to approval of the Town Board , Mr . Walch added that regarding the other parts of the Covenants , if 90o want something changed , it is up to them . However , occupancy cannot be changed without a review . Because the language of the Occupancy Section was a " whereas " in the Planning Board resolution , so that it has the force of law and can ' t be amended . Town Attorney Buyoucos , referring to pp . 34 II , questioned if there is an affirmative obligation to restore damage ? Mr . Walsh responded , you just can ' t leave a building if it has burnt . The insurance money would go to the Homeowners Association , Mr . Buyoucos inquired , suppose there is damage to common areas , is there an enforcable section to repair ? ® Mr . Walsh responded , this is up to discretion of the Homeowners Association . If the Association wants ` the area put back into a ball field or garden this must be done . The ® Association must carry insurance . PUBLIC HEARING - DEFENSE OF PUBLIC OFFICERS Proof of posting and publication notice of a Public Hearing to consider a local law on the Defense of Public Officers I been presented by the Town Clerk , the Supervisor opened the Public Hearing , The Supervisor stated that the Town Board members would soon be receiving updated information on the proposed Defense of Public Officers Law , and suggested that the hearing be adjourned until February 7 , 19830 Town Board Minutes - 5 - January 26 , 1983 RESOLUTION NO . 10 Motion by Supervisor Desch , seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby adjourns until February 7 , 1983 , at 7 : 30 P . M . , at the Town Hall , 126 East Seneca Street , Ithaca , New York the public hearing on the proposed local law to Defend Public Officials , at which time they will meet and conduct a public ® hearing on same . ( Desch , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none ) . The discussion on Commonland Covenants continued . Mr . Buyoucos stated that vehicles were restricted , are mobile homes excluded ? Mr . Walsh responded , very definately , mobile homes and trailers . Mr . Walsh commented on Mr . Peterson ' s suggestion for p . 44 on open fires and hunting . He stated that hunting is not allowed within 500 feet of a building , so this would be no problem . However , he did riot feel open fires should be so restrictive that kids would be restricted from toasting marshmellows . Councilwoman Kiefer noted that under Membership and Voting , the section under Class B , a period of five years , this should be more specific as to time . Mrs . Kiefer , referring to p . 43 , went on to say that in this section pertaining to signs , a sentence should be added that it must be incompliance with the Sign Ordinance , Mr . Walch responded , that change has already been made . Attorney Buyoucos pointed out Section II on encroachments , noting that if the land underneath a house shifted , you might be encroaching on other property . He went on to state that he felt in some appropriate place in Section 16 , it shoud be inserted that the southern boarder of the property will be fenced or planted to discourage through traffic . This is not a path to the gorge . This would be for the safety of the people as well as the gorge . Mr . Walsh stated that the developer is cooperating with the City . The City has the option to post signs . Councilwoman Kiefer noted that the area south of this development is of great concern , it is a steep unstable cliff giving access to the gorge below . She said that , in addition to environmental concerns , there will be children in the development and she worried about their safety , as she assumed , the developer and the Association would . She suggested the following language be inserted , perhaps at the end of p48 : " The southern border of Commonland Community , . Town Board Minutes - 6 - January 26 , 1983 running near and parallel to the edge of a steep and eroding bank which goes down into Six Mile Creek gorges shall be fenced and have plantings on the community side to demarcate this boundary and to discourage pedestrian traffic . It is expressly acknowledged and . agreed that all lot - owners , their family members , and visitors and guests will not make any attempt to breach this boundary , which as been so established for the protection and wll -being of the members of the Association and of the watershed area . " Man in attendance suggested that the City be asked to put up a wire fence . A lady in attendance suggested that signs stronger than " No ® Trespassing " be posted . Supervisor Desch responded that fencing or plantings should be made part of site plan approval . Councilwoman Kiefer pointed out that the Covenants say that people be required to keep easements clear and to accomplish this , she asked if each owner would be provided with a map showing the easements . 0 Town Engineer Fabbroni stated that at the end of each phase , maps with easements will have to be recorded . The banks also required surveys with the deeds . Councilwoman Kiefer , referring to p . 54 , pointed out that under the section on underground easements , there was a conflict on crossings by driveways and walkways . Mr . Walsh agreed that there was a definite conflict and that it would be corrected . .Supervisor Desch asked all Board members to have their comments on the Declaration of Covenants and Restrictions and the By - Laws to him by a week from today . He then thanked Mr . Walch for attending the meeting_ and his very helpful input . Councilwoman Kiefer excused herself at this time from this special meeting because of a prior commitment . PUBLIC HEARING - REZONING OF PARCEL N0 . 6 - 44 - 1 - 4 . 31 ( BILL J . MANOS PROPOSAL . Proof of posting and publication notice of a Public Hearing to consider a local law on the rezoning of Parcel Na . 6 - 44 - 1 - 4 . 31 ( Bill J . Manos proposal ) having been presented by the Town Clerk , the Supervisor opened the Public Hearing . ® Supervisor Desch stated that the Manos project has been reviewed by the Planning Board . The project received a negative environmental assessement . Mr . Richard Thaler , attorney for Mr . Manos stated that the project proposed by Mr . Manos was on the old Beacon Hill site , however , it was not the same project . The architect , in preparing the drawings , consulted with Cornell University regarding the South Hill Swamp , the pond and was , therefore , able to reduce the amount of drainage directed toward the Swamp . The developer dedicated a six acre tract of land located on the northwest corner to be forever natural . Mr . Manos land will be used to traverse the property from south to north around the pond and to service the pond . This will not be a public road , only a lane . Town Board Minutes - 7 - January 26 , 1983 Mr . Thaler went on to say that his client intended to develop the easternmost complex first . There will be certain phrases in the lease agreement that will allow the enforcement of restrictions on cats , trespassing , etc . Mr . Manos will . try to keep a ' clean operation , however , Mr . Manos is not a law enforcement ' officer , He noted that the plans and drawings had been revised and that the final plans and drawing would be in agreement with the wishes of the Town Planning Board , Cornell University , ® etc . Supervisor Desch stated that the road alignment approval always goes with the land . He felt that the Planning Board ® documents should be made very clear when it comes to the land around the pond . john Bentkowski asked who owns the sewer lines ? Town Engineer Lawrence Fabbroni responded , the present owner of the property . Mr . Bentkowski then asked , what about the easement ? The Town Engineer responded that Mr . Erdman has substantial access to that land through land that he already owns . Even when the King Road land was subdivided , the land was left with access . There is a small piece of land Mr . Erdman still owns between buffer and Cornell land . Mr . Thaler noted that Sibley and the parent company gained the option of an additional. 30 acres . Mr . Manos , by buying now , has the option on the additional acreage . Supervisor Desch closed the public hearing , as no one else present wished to speak . Councilwoman Raffensperger asked the Town Engineer what the adjacent land was zoned . Town Engineer Fabbroni responded that the land was rezoned R- 15 , as part of the Beacon Hill ' s approval . Ridgecrest and that whole area is largely zoned R- 15 . Supervisor Desch asked if there were any comments on the items put together in the last few weeks ? Comments on conditions of approval of phases or percent of completion ? j Mr . Thaler stated that as the project is envisioned , Mr . Manos will go for financing for the first stage , i . e . , units . The first stage will be completed , then use the revenues from the first stage to finance the second stage . ® You could make it a condition of the second and third phase that construction cannot begin until the first phase is completed and Certificate of Occupancy is issued , before issuing a Building Permit for the next phase . Councilwoman Raffensperger asked if the buffer zone would be posted ? Mr . Thaler responded that the area will be delineated somehow , perhaps manicured next to wild . Bach Town Attorney Buyoucos and Councilwoman Raff c ensperger uestion putting up signs . Town Board Minutes - 8 - January 26 , 1983 N1r . Thaler responded that they would be glad to put up signs . Supervisor Desch suggested that the discussion be closed out and that Board comments be given to either Jim Buyoucos or himself , in preparation for the adoption of a resolution at the February 7th meeting . ADJOURNMENT ® The meeting was duly adjourned . Txwn Clerk '