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HomeMy WebLinkAboutTB Minutes 1985-04-22 TOWN OF ITHACA ADJOURNED BOARD MEETING April 22 , 1985 At an Adjourned 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 12 : 00 noon , on the 22nd day of April , 1985 , there were : ® PRESENT : Noel Desch , Supervisor George Kugler , Councilman Shirley Raffensperger , Councilwoman Marc Cramer , Councilman Gloria Howell , Councilwoman Robert Bartholf , Councilman ABSENT : Henry McPeak , Councilman ALSO PRESENT . John Barney , Town Attorney Lawrence Fabbroni , Town Engineer Peter Lovi , Town Planner J . Eric Rounds , 817 North Aurora Street Edward A . Mazza , 134 Burleigh Drive ADJOURNED PUBLIC HEARING TO CONSIDER THE COVENANTS AND HDbE OWNER ' S AGREEMENT FOR A CLUSTER SUBDIVISION AT 1018 -1020 DANBY ROAD , TAX PARCEL N0 , 6 -39-1 -5 AND A PORTION OF 6 -39 -1 -6 , OWNER/DEVELOPER DELL GROVER, ET AL . Supervisor Desch informed the Board that the purpose of the adjourned meeting was to continue discussion of the Covenants and Home Owner ' s Agreement for Cayuga Vista . He then asked the Board if they had any questions on how rentals should be restricted . He noted that any questions on the Environmental Assessment Form or the Subdivision were dealt with by the Planning Board , Supervisor Desch asked Town Engineer Larry Fabbroni if the present road , in the subdivision , would become a Town road . Town Engineer Fabbroni responded yes , the road would become a cul-de-sac , the proposed new road would become a Town road also . Town Planner Peter Lovi reviewed the developers plans for the Board , including one showing the planting plan and the other the site plan . He noted that the developers are proposing to build 8 units , two 4 unit clusters . Unit 1 , A through D and Unit 2 , A through D . He went on to report that the Planning Board had given site plan approval , subject to Town Board approval of the Covenants . ® Edward Mazza added that under the R-9 District , 40 units could be built , however , they proposed to build only 32 units . Councilwcman Raffensperger questioned the distance between the two driveways . Mr . Mazza responded that he did not know the distance , however , NYSDOT has given their approval . Town Planner Lovi stated that the driveways were about 450 ' apart . Z69 Town Board 2 April 22 , 1985 Councilwoman Raffensperger remarked that she assumed the Planning Board had already looked at the distance to make sure that it was within the alloted distance of allowable feet apart . Supervisor Desch responded that he thought Councilwoman Raffensperger would find that distance pertained to public roads and not driveways . Town Engineer Fabbroni added that he though Councilwoman Raffensperger was thinking about highway intersections . Councilwoman Raffensperger remarked , then this is a driveway not a road . ® Councilwoman Howell requested clarification that we are looking at a 32 unit cluster subdivision . Town Planner Lovi responded that the Board was looking at the Covenants and Home Owner ' s Agreement on the questions of rentals , today . Councilman Cramer stated that he felt the engineer of record and the architect of record for the project should be noted for the record . Also , who the "et al " involved in the project were . Mr . Mazza responded that the names had been disclosed at a Planning Board meeting , however , he did not think they had been included in the minutes . He went on to say that Dell Grover , William Grover , William Reed , Robert Reed and himself were the partners in the proposed development . He noted that Robert Flumerfelt was the engineer of record and Susan Beeners of Landscape Design Consultants was the Landscape Architect of record . Councilman Cramer asked , is there was no architect ? Mr . Mazza responded Resource Engineers , they are out of Cortland . Town Attorney John Barney stated that he was concerned because the Covenants did not require Town Board approval of amendments and because they did not include the Town of Ithaca as a party that could enforce the Covenants . Mr . Mazza remarked that he would like to have the Town of Ithaca help out in the enforcement . He went on to say that he could forsee no problems with the Town of Ithaca being involved in future amendments . Supervisor Desch remarked that he thought that Town of Ithaca approval of amendments was included in the final Commonland proposal . Town Attorney Barney remarked that it was future amendments that he was concerned with , Councilman Cramer noted that the review of the covenants and by-laws for the Cayuga Vista had been compared with the covenants ® and by-laws for the Commonlands . He went on to say that it causes problems for the Board members when they are asked to review a document compared with the provisions of another document . He asked for a Board policy that would direct the staff , in the future , to prepared a complete document . Town Planner Lovi stated that he would prefer that the developer be required to complete the necessary documentation , as it is complicated , requires a lot of time , and is ultimately the developer ' s responsibility . � 6Z Town Board 3 April 22 , 1985 Supervisor Desch remarked that if all thirty-two units were rented to three unrelated persons per unit (no families ) there would be a total of 96 persons . How one might perceive this he doesn ' t know. Town Planner Lovi responded that the issue of rentals are distinct and different from the issue of owner occupancy . Supervisor Desch noted that " Point A" of the Cotmonland Covenants requires owner residency at Conmonlands , presumably we would want the same requirement for Cayuga Vista . Councilwoman Raffensperger referring to the Planning Board Minutes of February 19 , 1985 noted that Mr . Mazza , in answer to Mr . Sanders , stated that these units were for private sale as individual units and would not be rental apartments . Mr . Mazza responded that he did not agree that this was what he had said . A clarification of what he said was made at the following Board meeting and was included in the Planning Board minutes . Town Attorney Barney stated that the Board has the power to reduce the number of unrelated persons allowed . The Board might want to consider not putting restrictions on renting but reduce the number of unrelated persons that could occupy any unit to less than three . Councilman Cramer questioned the possibility of every unit being occupied by unrelated persons . He asked if under these circumstances there would be sufficient parking . Town Planner Lovi responded no , there would not be sufficient , permanent parking spaces for 96 cars . He went on to say that given the worst possible circumstances , he oould not forsee anything this drastic . He believes the developers when they say that with the pricing of the units it is not their intention to build anything that would be rental property on a sustained basis . Councilwoman Raffensperger stated that if the units were sold , and the Town does nothing now, it will have no control over rentals in the subdivision . She stated that she felt it was unreasonable to say no unrelated persons could occupy the dwellings . A limit of twelve months sub-rental , as was allowed in Ccn=nlands , seems the reasonable approach . Supervisor Desch stated that he was having trouble with the thought of reducing the number of unrelated persons permitted . On the other hand , the proximity to Ithaca College suggests that this kind of housing in the Town needs sane kind of restrictions like Commonlands . Councilman Cramer remarked that if the Board restricts occupancy to no more than two unrelated persons , it will reduce the density so we don ' t end up with parking on the grass . He went on to say that once Cayuga Vista was sold the only restrictions would be those presently placed on the property . ® Town Planner Lovi noted that there was a difference in the two projects regarding parking . With Commonlands parking is at a minimum . Each unit in Cayuga Vista will have an attached and enclosed garage along with a driveway to the garage plus a driveway behind each building . You could have three cars parking before it becomes necessary to park on the road or grass . Attorney Barney asked if you had a blood related family would you still permit two unrelated persons to occupy the unit . 96Z Town Board 4 April 22 , 1985 Town Planner Lovi responded yes but with only one kitchen and one and one-half baths , he didn ' t think it would happen very often . However , there is always the possibility of a house being purchased by the father of a college student for use while the student is attending college and someone else living there with the student . Supervisor Desch noted that you could end up with a couple with a baby renting to an unrelated person . Edward Mazza questioned the fact that the Zoning Ordinance allows up to 120 unrelated persons with out special approval . Town Attorney Barney asked Mr . Mazza why he was concerned with ® twelve months rental restrictions . Mr . Mazza responded , because the Town was restricting the developers to less than is allowed in the Zoning Ordinance . They don ' t want to restrict the market and the Bank doesn ' t want them to be restricted . He noted that the Planning Board likes cluster housing because of the open land . Town Attorney Barney remarked that cluster could mean more renting . Town Planner Lovi remarked that clustering allows smaller lots for dwelling units with the remaining land dedicated as open space . The Planning Board has the ability to restrict and regulate the preservation of this open space . He went on to say that it was his opinion that bona fide homeowners in the Hone Owner ' s Association would be in the Town ' s best interest as opposed to persons such as renters or absentee landlords who do not have a financial interest . He went on to note that for instance , the Hare Owner ' s Association was in charge of setting maintenance fees . The issue of the Homeowners Association is not only for Town protection but for other owners . RESOLUTION NO , 64 Motion by Supervisor Desch ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the usage of a Restrictive Covenants , similar to those used for the Commonlands Development , for a cluster subdivision at 1018 -1020 Danby Road , Tax Parcel No . 6 -39 -2-5 and a portion of 6-39 -1 -6 owned by Dell Grover , William Grover , Edward Mazza , William Reed and Robert Reed , and FURTHER BE IT RESOLVED , that the following text is intended to be an integral part of the Covenants : " that it is the acknowledged sense of the members of the Association that they have joined in an effort to create and sustain a participatory community of neighbors . To further this goal , it is understood that long-term renting and subletting are to be discouraged , and the following provisions are meant to enforce that understanding : ® ( a) All owners of units , with the exception of the Declarant , must have their primary residence at Cayuga Vista . (b ) Renting and/or subletting is restricted to a cvlmulative period of twelve ( 12 ) months within any continuous thirty-six ( 36 ) month period . Permission to rent and/or sublet for a longer period of time must be obtained in writing from the Board of Directors , and must specify the specific time period for which an extension is being granted . In no case may an owner rent and/ or sublet a unit for more than twenty-four ( 24 ) nonths cumulatively 86 ? Town Board 5 April 22 , 1985 in any five ( 5 ) year period . Leases between owners and tenants must be written and signed , and must state that (a) Any failure on the part of the lessor to fully comply with the obligations set forth in this Declaration of Covenants and Restrictions and the By-Laws of the Association constitutes a default on the lease ; and (b) All financial obligations to the Association remain the sole responsibility of the Owner . ® and , Rental and Occupancy Section 1 . Rentals (Same as above) Section 2 . Occupancy by Unrelated Persons No owner shall permit more than the following numbers of unrelated persons to reside in his or her unit : (a) In one-bedroom units , two unrelated persons ( No arse-bedroom units to be constructed in Cayuga Vista ) ; (b) In two-bedroom units , three unrelated persons ; ( c) In three-bedroan units , three unrelated persons . For purposes of the above limitation a family or housekeeping unit , as such is or may be defined by the Ithaca Town Zoning Ordinance , shall count as one person . AND FURTHER BE IT RESOLVED , that the Restrictive Covenants in final form be subject to the approval of the Town Attorney and the Town Supervisor and that such Covenants shall not be approved unless they contain provisions requiring that the Town Board of the Town of Ithaca shall be named as a party to the approval requirements for amendments and a party authorized to enforce amendments . (Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting Aye . Nays - none) . MAY 13 'TOWN BOARD MEETING Supervisor Desch reminded the Town Board of the previous decision to tour the new Wastewater Treatment Facility on May 13 . The Board meeting will commence at 5 : 30 P .M. , at the Wastewater Treatment ® Plant after which the Board will begin the regularly scheduled Town Board meeting at 6 : 30 P . M. , at Town Hall , BURNS ROAD Town Engineer Larry Fabbroni informed the Board that things were happening daily on the Burns Road project and that it might be necessary for him to call the Board members to receive their approval of some of the immediate decisions that cannot wait for the May Town Board meeting . He went on to say that he expected to 00 Town Board 6 April 22 , 1985 hear in a day or two about the Safer-Off funds . If the funds come through , it will be necessary for the Board to approve a resolution accepting the funds and approval to use them before October 1 , 1985 . Also , authorization for the staff to rent heavy equipment so that the deadline can be met . The Pine Tree Raid material could be critical to the Burns Road project . Another example is the need for a Letter of Understanding will be needed if easements , etc . cannot be completed in time . The Town Engineer asked if he needed an official resolution to close Burns Road? He went on to say that he proposed closing the road as soon as the signs arrive limiting traffic to only local traffic . ® Supervisor Desch asked how long Burns Road would be closed ? The Town Engineer responded until the bridge cork is completed and surface treatment done . If Phase II is included it will be November . He noted that the daily traffic count is under 1 , 000 vehicles . German Cross Road and Giles Street are available as alternate routes . Town Attorney Barney suggested that he and the Town Engineer meet before the May meeting to decide what must be legally done to close the road . Supervisor Desch remarked that if it were necessary , the Board could hold another meeting prior to the regular May meeting . ADJOUWIEEN'.P The meeting was duly adjourned . Town clerk Z69