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HomeMy WebLinkAboutTB Minutes 1973-04-16^3/ TOWN OP ITHACA ADJOURNED BOARD MEfeTlNG April 16, 1973 - 5:00 p.m. At an Adjourned Meeting of^ the Town Board of the Town of Ithaca, Tompkins County, New Yofk> held at the Town of Ithaca Offices at 108 East Green Street, Ithfeica, New York, on the l6th day of April, 1973, at 5:00 p.m., there were PRESENT: Walter J. Schwan^ Supervisor Andrew W. M6Elwee, Councilman Noel Desch, Councilman Victor Dei Hosso, Councilman Robert N. Powers3 Councilman ALSO PRESENT: James Vi Buyoucos, Town Attorney Kenneth Kfoohs, Town Engineer-Planner Norbert Schickel (Eastwood Commons) John W. MacDonald, Attorney (for Mr. Schickel) Mr. and Mrs. Montgomery May Mrs. Catherine Valentino Carol Pay David Stoith, Realtor EASTWOOD COMMONS DEVELOPMENT SCHICKEL ENVIRONMENTAL DEVELOPMENT COMPANY As requested by the Town Board, Mr. Schickel presented revised drainage plans (Town of Ithaca Map File 382) for the proposed East wood Commons development. He indicated on the plans the volume and Zf water flow at various locations on the site^ He saidthe figures used are very conservative and are based on a 50-year storm, an extreme condition which may never happen. Councilman Desch said he would like to review the drainage plans on the site with Mr. Kroohs, Town Engineer-Planner. Councilman Del Rosso asked if the Town had written to the State with regard "the ditch on Slaterville Road. Supervisor Schwan said the Town only has a verbal commitment from Mr. Shannon, Regional Director of the Department of Transi^ortation, that the ditch would be deepened. Councilman McElwee wondered how long Phase I of the Schickel proposal would take. Mr. Schickel said he hoped to com plete it this Pall. Councilman Desch expressed concern with regard to possible silting on the City*s watershed, and said this should be guarded against. After the Town Board had finished with a review of the revised drainage plans presented by Mr. Schickel, the Town Attorney recom mended that no final approval be given to the drainage plans as presently submitted. The Town Board, however, was inclined to approve the general concept of the plan submitted, and, accoi-clirigl.y took the following action: Motion by Councilman McElwee; seconded by Supervisor Schwan, RESOLVED, that the Ithaca Town Board approves the concept of the drainage pleui submitted by Mr. Schickel for the Eastwood Commons development in which 48^ of the drainage will go to the stream to the north of the property, 28$^ to the property of Montgomery May, and 2k% down Harwick-Honness Lane, and that the design to carry into effect the foregoing concept shall be approved in each Instance by the person designated by the Town Board of the Town of Ithaca. Unanimously carried. Mr. Schickel indicated that the final detailed drainage plan would be designed to accomplish the intent of the foregoing resolution, which detailed drainage plan would require Board approval. T»r - 2 - April 16, 1973 Mr. Schickel noted briefly that Eastwood Commons would require an additional street light in Phase I, and Would eventually need to form a lighting district for the development. Mr. Schickel noted that the Tompkins Cotinty Health Department had requested a letter from the Town of Ithaca to the effect that water and sewer connections for the Eastwood Commons development will be available from the Town*s allotment from the City of Ithaca. EASTWOOD COMMONS RESIDENTS ASSOCIATION RULES AND REGULATIONS - BY-LAWS - CERTIPICATE OF INCORPORATION nnn I I Mr. Schickel had requested that the Town Board delete the require ment of the Board that the rules and regulations of the Eastwood Commons residents association be approved by the Town Board. Council- man McElwee felt the Town Board had no reason to concern itself with the rules and regulations" of the Eastwood Commons residents associ ation. Councilman Powers agreed that the Town should not generally be involved but should retain the option to be involved should it deem it necessary. Mr. Schickel said he felt it was an erosibn of liberty and loss of autonomy for the Residents association to have, to have their internal rules and regulations stpproved by the Towh Board. Councilman Desch wondered how a member of the residents or homeowners association would know what his responsibilities are. Mr. Schickel said each home purchaser would get an offering statement, a plan approved by the Attorney General of the State of New York, pie offering statement will contain the by-laws and certificate of incorporation. It Will have a complete description of all rights and obligations of each homeowner to the nth degree. It will be comparable to a prospectus, a full disclosure proposition. Mr. Schickel also had before the Board the Certificate of Incorporation and the By-Laws of the Eastwood Commons Residents Association, Inc. to be considered for approval. Town Attorney Buyoucos said he wanted it noted for the record that the Town Board did not have to approve the By-Laws. Mr. Schickel noted that the By-Laws and Certificate of presented had already been approved by the FHA and that if it were necessary to change them in any way it would involve con siderable delay in having them approved once again by the FHA. Discussion to this point led to the following action: Motion by Supervisor Schwan^ seconded by Councilman McElwee, RESOLVED, that the resolution adopted by the Town Board of the Town of Ithaca on February 26, 1973, establishing a multiple residence district and cluster development therein on property of Schickel Environmental Development Company on Honness Lane, Town of Ithaca, New York, and amended at a public hearing on April 9, 1973, held for the purpose of such amendment, and the meeting of April 9, 1973 having been adjourned until April 16, 1973^ is further amended as follows: Delete from Paragraph ^(B)(3)(a) in the second sentence the words shall contain a provision that no by-laws or any rules or regulations" and insert in said sentence between the words "shall" and "be" the word "not", so that the sentence shall read as follows: The by-laws of such association shall not be deemed to be effective unless the Town Board approves the same, but the Town Board may from time to time waive the requirement of approval". The Town Clerk is directed to publish this resolution in the Ithaca Journal and the foregoing resolution shall constitute an amendment to the ordinance amending the Town of Ithaca Zoning Ordinance, enacted February 26, 1973^ and shall take effect 10 days after the publication thereof pursuant to Section 264 of the Town Law. The resolution was duly adopted, after the Board had been polled as follows: Supervisor Schwan, Aye; Councilman McElwee, Aye; Council man Del Rosso> Aye; Councilman Desch, Nay; Councilman Powers, Nay, - 3 - April 16, 1973 There was further discussion of the by-laws and the certificate of incorporation. Town Attorney Buyoucos suggested that the Board might waive the requirement for approval of the by-laws and the certificate of incorporation. Councilman Del Rosso wondered what advantage the Board derived from waiving approval rather than simply approving them. Town Attorney Buyoucos explained it was merely the difference between an affirmative action which would indicate satis faction with the by-laws and the certificate of incorporation in all respects and an action taken possibly for convenience or expedience. . approval was a less positive action and an action which might indicate something less than wholehearted approval. This discussion led to the following actioni Motion by Councilman Powers; seconded by Councilman Del Rosso, RESOLVED, that the Town Board of the Town of Ithaca waives the requirement of approval of the by-laws and certificate of incorpora tion of the Eastwood Commons residents association, as contained in paragraph ^(B)(3)(a) of the resolution adopted by the Town Board on February 26, 1973 with respect to the establishment of a multiple residence district and Cluster development therein on the property of Schickel Environmental Development Company on Honness Lane. The Town Clerk is directed to publish this resolution in the Ithaca Journal and the foregoing resolution shall constitute an amendment to the ordinance amending the Town of Ithaca Zoning Ordinance, enac ted February 26, 1973> and Shall take effect 10 days after the publi cation thereof pursuant to Section 264 of the Town Law. This resolution was duly adopted. Councilman Desch voting in the negative. WILLIAMS OLEN ROAD ATO CAMPBELL AVENUE •Supervisor Schwan asked for permission to hire a surveyor to deter- Hnine the metes and bounds of Williams Glen Road and Campbell Avenue so that a deed may be prepared for the Town to accept them as town roads and do the work which is required on them. Motion by Councilman McElwee; seconded by Councilman Powers, RESOLVED, that the Supervisor of the Town of Ithaca is hereby authorized to hire a surveyor to determine the metes and bounds of Williams Glen Road and Campbell Avenue so that a deed may be prepared for the Town to formally accept these roads. Unanimously carried. EARK AND RECREATION MINI-CONFERENCES 3N SYRACUSE, NEW YORK IMotion by Councilman McElwee; seconded by Councilman Desch, IRESOLVED, that Mrs. Catherine Valentino is hereby authorized to •attend the Park and Recreation mini-conferences in Syracuse^ Uew Tork, on May 24, 1973^ as a representative of the Town of expenses to be paid by the Town of Ithaca. Unanimously carried. ADJOURNMENT The meeting was adjourned at 6;20 p.m. to April 23, 1973 at 5:00 p.m. z Town Clerk