HomeMy WebLinkAboutPB Minutes 1979-05-15 TOWN OF ITHACA PLANNING BOARD
MAY 15y --1979
The Town of Ithaca Planning Board met in regular session on Tuesday ,
May 15 , 1979 , in the Town Hall , 126 East Seneca Street ( second floor ) ,
Ithaca , N . Y . , at 7 : 30 p . m .
PRESENT : Chairman Henry Aron , Montgomery May , Edward Mazza , Liese
Bronfenbrenner , Carolyn Grigorov , Barbara Schultz , James Baker , Bernard
Stanton , Lawrence Fabbroni ( Town Engineer ) .
ALSO PRESENT : Councilwoman Shirley Raffensperger ; Councilman Gust
Freeman ; Ivar Jonson , I . J . Construction ; Allan A . Lentini , 332 Siena Dr . ;
Ronald J . Kuhr , 324 Siena Drive ; Jean Keller , 213 Texas Lane ; Harry Keller ,
. 213 Texas Lane ; Maureen Schmitt , 215 Texas Lane ; Roger Van de Poel , 1106
Hanshaw Rd . ; Janet Jonson , 113 Burleigh Dr . ; Shirley Gates , 104 Texas
Lane ; Charles D . Gates , 104 Texas Lane ; Linda Bors , 121 Texas Lane ;
Mary Wright , 212 Texas Lane ; Miriam Taietz , 204 Texas Lane ; Stuart L .
Shapiro , 326 Siena Dr . ; Constance H . Shapiro , 326 Siena Dr . ; Eva B .
Hoffmann , 4 Sugarbush Lane ; Charlene A . Miller , 205 Texas Lane ; Marilyn
Wasserman , 207 Texas Lane ; Frank B . Miller , 205 Texas Lane ; J . Ann
Hinnen , 114 Texas Lane ; Attorney Martin A . Luster , Trumansburg , N . Y . ;
Mr . and Mrs . Jerry Weisburd , Spencer ; Dennis Lowes , Rowell and Associates ,
Cortland ; Joel Tallmadge , WTKO .
Chairman Aron declared the meeting duly opened at 7 : 31 p . m . and
noted that a Quorum was present .
Chairman Aron introduced the Board members to the public .
0
J ADJOURNED PUBLIC HEARING : CONSIDERATION OF FINAL SUBDIVISION APPROVAL FOR
13 LOT SUBDIVISION BACKLOT OF TEXAS LANE AND SIENA DRIVE , 9 LOTS IN THE
TOWN OF ITHACA , TAX PARCEL NO . 6 - 71 - 1 - 9 . I . JONSON ,
Chairman Aron declared the adjourned Public Hearing in the above -
noted matter duly opened at 7 : 32 p . m . , and noted for the record that this
adjourned hearing is adjourned from the meeting held on May lst when it
was publicly announced , and that the continued hearing is on the 9 lots
proposed for the Town of Ithaca .
Mr . Aron stated that there were three points being considered tonight
and read from the Planning Board resolution duly adopted at said May 1 ,
1979 , hearing , as follows :
" RESOLVED , that the Town of Ithaca Planning Board adjourn and hereby
does adjourn the Public Hearing being held this date in the matter of con - ,
sideration of Final Subdivision Approval for a 13 - lot Subdivision backlot
of Texas Lane and Siena Drive , NINE LOTS IN THE TOWN OF ITHACA , Town of
Ithaca Tax Parcel No . 6 - 71 - 1 - 9 , until May 15 , 1979 , commencing at 7 : 30
p . m . , at which time upon presentation by the developer of the following
additional information , said Public Hearing will continue and a final
decision reached .
1 . The plan shall show drainage courses as they will flow from the
knoll along the highway right of way and along the lot lines for
the three lots at the end of the cul 'de sac to the stream to the
south .
2 . The plan shall show the exact location of the proposed roadway
in plan view particularly where it enters the proposed development
from Texas Lane and a typical road cross - section showing material
_:; Planning Board - 2 - May 15 , 1979
and width .
3 . Proposed monuments shall be distinguished from property pins . . "
Mr . Aron proceded with instructions for the conduct of this adjourned
public hearing in that all persons will be heard and that the Board would
appreciate hearing new , - . factual information since there has been extensive
public input .
Mr . Jonson appeared before the Board and Mr . Aron read from the
resolution , point 1 : " The plan shall shown drainage courses as they will
flow from the knoll along the highway right of way and along the lot lines
for the three lots at the end of the cul de sac to the stream to the south . "
Mr . Aron apologized and stated that he would like to enter into the
record a letter which was delivered today from Mayor Marcham to him as
follows :
" May 15 , 1979
Mr . Henry Aron , Chairman
Planning Board
Town of Ithaca
126 E . Seneca St .
Ithaca NY 14850
Dear Mr . Aron :
Last evening members of the Village of Cayuga Heights Board of Trustees
and all the Village Officers met with Mr . Jonson to discuss informally
with him his proposed development . Mr . Fabbroni was also present .
Discussion focussed on the proposed sewer system for the development and
the connection between that system and the Village sewer system . Mr .
Jonson told the group what his intentions were ; in particular , he ex -
plained that all the lots in the Town he intended to develop would have
adequate gravity sewer flow to the sewer mains . Questions arose on this
point , as the elevations of lots and sewer manholes were considered . Mr .
Jonson agreed that the maps he had submitted were not final . He expected
final maps in a few days .
The Village Trustees and Officers presented the opinion that when final
maps were available Mr . Jonson and his engineer would meet with the
Village Engineer and that they would together consider the issue raised
regarding elevations as they affected the sewer system .
Mr . J . B . Rogers , the Village Engineer , will then decide whether Mr .
Jonson ' s sewer system meets the Village standards and will so report to
the Village Board . Permission for Mr . Jonson to connect to the Village
sewer system will follow a favorable decision by Mr . Rogers .
Yours sincerely ,
( sgd . ) F . G . Marcham
F . G . Marcham , Mayor
Village of Cayuga Heights "
Mr . Aron stated that the discussion would return to Point # 1 as
noted above .
4Planning Board - 3 - May 15 , 1979
Mr . Jonson stated that at the last meeting there were three points
that he had to take care of and he stated that he will show the Board the
map . Mr . Jonson distributed several copies of map entitled : " Map of
Ivar Jonson Sub - Division , Ivar Jonson Owner and Developer , Off Texas Lane
Ext . , Town of Ithaca , Tompkins Co . , N . Y . , Deed Ref . Book 568 , Pages 329
and 770 , Scale 1 " = 60 ' " , dated April 26 , 1979 , revised May 14 , 1979 .
Mr . Jonson stated that there is 20 ' of road and the Board wanted to know
exactly where the road would go .
Mr . Mazza interrupted Mr . Jonson and asked that he please address
himself at this point to drainage - point 1 .
Mr . Jonson pointed out the drainage on the map that he had fastened
to the bulletin board .
Mrs . Charlene Miller , 205 Texas Lane , asked from the floor , if the
water goes into the stream , what if there is a spring run - off ?
Mr . Fabbroni stated that the drainage scheme that Mr . Jonson presents
here adequately addresses that question .
Mr . Aron asked if Mr . Fabbroni were satisfied ? Mr . Fabbroni replied
that he was . Mr . Fabbroni stated that it is up to the Planning Board if
they want to go over the entire drainage discussion all again .
Mrs . Ann Hinnen , 114 Texas Lane , speaking from the floor , stated that
there is a question about people living there ; there is a problem with
drainage ; there is trouble with water that now flows behind houses and
the Village Green .
Mr . Fabbroni stated that the Board and the public have been over the
drainage questions several times . Mr . Fabbroni noted that Mrs . Hinnen
was a new face here and by way of clarification stated that there is some
confusion about where this land is - - it is not behind the Village Green ;
there is wet land behind the Village Green but it is not in any way a
part of the land that we are talking about here .
Mr . Charles Donald Gates , 104 Texas Lane , stated from the floor
that there is confusion about the orintation of the map being shown .
Mr . Jonson explained where the land is using the map on -the wall .
Mr . Gates asked where the drainage to the west goes ? Mr . Jonson described
where it goes northwest on the map .
Mr . Gates stated that the ultimate drainage goes into a creek going
behind Texas Lane and eventually crosses under North Triphammer Road .
Mrs . Linda Bors , 121 Texas Lane , speaking from the floor , stated
that this creek is on her property and she never realized until tonight
how much will be going into this creek . She stated that this flooded out
two of her neighbors . She stated that she was surprised as what Mr .
Fabbroni says . Mrs . Bors stated that Mr . Jonson has not shown all the
stream on his map , only that part that affects his development .
Mr . Jonson said that he had good news for everyone - - since he is
going to put in a holding pond , they will not have as many problems .
Mrs . Charlene Miller stated that Mr . Warren had a holding pond there
and he drained it at the request of the neighborhood because it was
dangerous to the children . Mrs . Miller wondered if Mr . Jonson banks on
07-• Planning Board - 4 - May 15 , 1979
that and it becomes an " attractive nuisance " and he has to drain it , what
happens ?
Mr . Jonson replied that his answer to this is that the drainage
problems will be less than they were before . He added that when you
develop land you can do a lot more with it .
Mr . Fabbroni stated that the only thing he can say is , the arguments
he hears here - - people say there is flooding and the answer is a holding
pond and the same people are saying that they do not want a holding pond
the only answer left is a huge tank . Mr . Fabbroni stated that to deal
with the matter more rationally , he will repeat that the area that this
stream drains is in excess of 200 acres as far back as the Town of Dryden
and covers the northeast part of the Town north and south of Hanshaw
east of Warren . A 4 ' storm sewer runs down Hanshaw Road then back into
an open ditch east of Blackstone . The stream drains the whole area
developed along Siena Drive and backots along Hanshaw . This course
represented here drains all that 200 acres . This small development will
not tip the balance of the whole problem , if there is a problem . The
nature of the land in comparison to drainage is less impervious .
Mr . Martin A . Luster , Attorney at Law , East Main Street , Trumansburg ,
Attorney for Mr . Keller , asked Mr . Fabbroni if there were some documentation
for what he had just said .
Mr . Fabbroni stated that what he said was based on extensive research
and discussion and drainage studies in the Northeast .
Mr . Luster asked if there were any documentation in the records if he
were to look tomorrow . Mr . Fabbroni replied in the affirmative .
Mr . Gates questioned Mr . Fabbroni . Mr . Gates stated that there is
no objection to using a pond for storage , which it would probably do , so
long as it is properly fenced . Mr . Gates stated that the people are
asking for a storage pond that is fenced .
Mr . Jonson stated that when that comes up they will deal with it as
they develop the land . An exchange ensued between Mrs . Miller and Mr .
Jonson with Mr . Jonson commenting , " let ' s face it , you do not want the
development up there . " Mr . Jonson stated that this has been gone over
and gone over and he has responded to all the requirements .
Mr . Aron stated that Point # 1 has been satisfactorily taken care of
and the Board will now discuss Point #2 : " The plan shall show the exact
location of the proposed roadway in plan view particularly where it
enters the proposed development from Texas Lane and a typical road cross -
section showing material and width . "
Mr . Jonson described what is on the map in re the roadway placement .
He stated that :, it is a 50 ' right of way as is drawn in on the map with
the road itself being 20 ' .
Mr . Aron asked if certain markings on the map were stakes ? Mr .
Jonson said that they were not stakes , they were monuments .
Mr . Jonson pointed out that the Schmitt driveway goes over into his
land .
Mr . Mazza asked Mr . Jonson if he were taking down any trees on the
" - Planning Board - 5 - May 15 , 1979
right of way . Mr . Jonson said that he would have to take down about 3 or
4 and that is all . Mr . Mazza noted that if Ms . Schmitt ' s driveway comes
into Mr . Jonson ' s land , there being a ditch shown there , and asked if Mr .
Jonson would have enough room to put the ditch ?
Mr . Jonson said that he would , but that the monument will be in Ms .
Schmitt ' s driveway .
Mr . Stanton stated that it is hard for him to know where this
roadway is going to go and asked if it would need a 50 ' right of way ?
Mr . Jonson described the 20 ' of road and the ditching involved .
Ms . Schmitt stated that this is brand new about the driveway . She
stated that Mr . Jonson had said that the trees would be saved . She asked
Mr . Jonson if he were going to take out trees and move the driveway ?
Mr . Jonson stated to Ms . Schmitt that her driveway can be just where
it is , but that he does have to take out about 3 tr. ees .. .
Mr . Aron stated that this is a matter for a surveyor ; Mr . Jonson ' s
survey map shows where his property line is . He suggested that Ms .
Schmitt might want to obtain a survey .
Mr• . Harry Keller , 213 Texas Lane , speaking from the floor , stated
that in order to go with a 50 ' road , not 60 ' , a variance from the Town
Board is necessary . Mr . Keller asked for the diameter of the cul de sac
on the first part of Texas Lane and the diameter of the cul de sac on
Texas Lane Extension .
® • Mr . Fabbroni stated that the diameter of the first cul de sac is
100 ' and the diameter of the second cul de sac is 1001 . He stated that
you get a 15 ' turning radius by virtue of the fact that you are tying into
a circle .
Mr . Fabbroni continued and stated that it has been the policy of the
Planning Board and the Town Board to accept pre - existing 50 ' rights of
way and it is still accepted in the Subdivision Regulations as such . The
Town Board felt that they needed to establish a 60 ' right of way around
1972 „ particularly in areas that had steep slope for ditches , etc . It
has been the common practice of both Boards to accept 50 ' rights of way
and the Town has accepted 50 ' rights of way and has recently built two
roads that had a 50 ' right of way itself .
Mr . Keller stated that this was a matter of adverse impact - - now
we are down to 43 ' or 42 ' . He asked the Board if they were going to
I
mpose adverse impact on Ms . Schmitt ?
Mr . Fabbroni stated that there is a 50 foot strip and the survey is
in hand . He commented that it is a private matter as to another survey .
Mr . Aron stated that Point # 2 has been satisfactorily met; and the
Board would look to Point # 3 : " Proposed monuments shall be distinguised
from property pins . "
Mr . Jonson stated that the monuments are shown on the map with Xs .
He said that there are ten monuments .
Mr . Fabbroni pointed out that there is a monument at every turning
point or radius point , and that is what the Board required .
'. Planning Board - 6 - May 15 , 1979
Mr . Keller stated that the monument will go right in the middle of
Ms . Schmitt ' s driveway .
Mr . Fabbroni concurred that the monument should go , according to
what has been surveyed , right in the middle of Ms . Schmitt ' s driveway and
be paved over ; it can be driven flush ; the monument would be a 4 " pipe .
Mr . Fabbroni felt that it could be worked out amenably , noting that it is
not preferred to have a buried monument , but in this case it would be
acceptable .
There followed a discussion between Attorney Luster , Ms . Schmitt and
Mr . Gates which the Chair ruled out of order .
Mr . Jonson noted one more thing that he has put on the maps and that
is on the two lots at the end of the cul de sac he has shown proposed
house elevations .
Chairman Aron declared that in view of the fact that it is now 8 : 15
p . m . and there was another public hearing scheduled for 8 : 00 p . m . , this
public hearing would be closed for approximately 30 minutes in order that
the Board may take up the next matter after which the Ivar Jonson matter
would be taken up again .
PUBLIC HEARING : CONSIDERATION OF PRELIMINARY SUBDIVISION APPROVAL FOR
INLET VALLEY LAND CO- OP , INC . , 171 CALKINS ROAD , TOWN OF ITHACA TAX PARCEL
N0 . 6 - 33 - 1 - 4 , APPROXIMATELY 97 ACRES , JERRY WEISBURD .
Chairman Aron declared the Public Hearing in the above - noted matter
duly opened at 8 : 20 p . m . , and accepted for the record the ( Clerk ' s Affidavit
of Posting and Publication of the Notice of Public Hearing in Town Hall
and the Ithaca Journal on May 8 , 1979 , and May 10 , 1979 , respectively .
Mr . Jerry Weisburd appeared before the Board with Mr . Dennis Lowes ,
of Rowell Associates , Surveyors , Planners , Engineers , in Cortland . Mr .
Weisburd stated that his proposal for a subdivision involves 98 . 5 acres
of land located . . in an Agriculatural Zone in the Town of Ithaca, with frontage
on Calkins Road . He said it is situated right at the bend of Calkins Road
on the slope facing the valley . Mr . Weisburd presented a large wooden
scale model of the land showing in relief the topography , the . trees and
the existing farmhouse . Mr . Weisburd had four pages of drawings - - final
plat , general plans , general specifications for water and general . : specifi -
cations for sewer .
Mr . Weisburd stated that what he is proposing is an extremely low
density type of development which leaves most of the land as open , un -
touched recreational and farm land in perpetuity which includes , among
other things , an apple orchard . Mr . Weisburd stated that within the
space of 98 acres they are proposing nine proprietary leaseholds or
dwelling units . The first four would be along the southern boundary and
would be each 3 to 4 acres ; an additional four on the ridge adjacent to
the Glen , also 3 to 4 acres ; and one more , which does not show on the
wooden model , but is indicated on the map and has frontage on Calkins
Road . He stated that the leaseholds would comprise about 30 acres and
the remaining land would be common land .
Mr . Weisburd noted one additional change from the informal discussion
with the Board held on April 3 , 1979 , and that is that they are proposing
to locate an additional separate leasehold which will be a private school .
. Planning Board - 7 - May 15 , 1979
He stated that the Hickory Hollow School in Newfield is looking for a
new home and they are negotiating with them right now for relocating and
building a school house on this parcel .
Mr . Weisburd stated that , in terms of the Co - Op , it is a non - profit
corporation and it has been formed and they now own the land and are in
the process of approving the corporation through New York State . He
said that the members own all the stock . He stated that each stockholder
gets a proprietary lease with exclusive right to the leasehold until they
sell the stock .
Mr . Weisburd stated that the road will be a private road which will
be fully constructed and maintained by the Co - Op .
Mr . Weisburd stated that they are getting ready to go the Health
Department .
Mr . Aron asked if there were any questions from the public ? There
were none . Mr . Aron asked if there were any questions from the Board ?
Mrs . Bronfenbrenner stated that she could see that they have a road
servicing the lower lots , and she asked about servicing the upper lots .
Mr . Weisburd described the service to lot # 8 , to lots #1 and #2 ,
branching off to service lots # 3 and #4 , and then a part branching off to
the west servicing the remaining lots .
Mrs . Bronfenbrenner noted that if these are private roads they do
not have to be 50 ' or 60 ' widths .
Mr . Fabbroni stated that Mr . Weisburd ' s attorney presented to him
on Friday the By - Laws of the Inlet Valley Land Co - Operative , I :nc . Mr .
Fabbroni stated that these by - laws must be reviewed by the Town Attorney
for their completeness ; this is required by the Subdivision Regulations ,
Mr . Fabbroni said that he expects that the Town Attorney will go over
these in detail . Mr . Fabbroni spoke to one item having to do with the
Town of Ithaca regulations for road , answering Mrs . Bronfenbrenner ' s
question , in that the maintenance of the road is borne equally by all
the leaseholds .
Mr . Fabbroni stated that if the developer intends to make the road
part of the corporation agreement or by - laws whereby everyone shares in
the private maintenance of the roads . with . _ no idea _ . of _. ever : giving :- them .- to
the Town , the Town would review the roads with much different criteria
than if he -were going to deed them to the Town at some time .
Mr . Lowes described the roads in detail . Mr . Fabbroni stated that
the Planning Board will review such a road in two different lights depen -
ding on the answer to who will own and maintain them in the future .
Mr . Weisburd stated that it is absolutely positive that the roads
will be private and maintained by the Co - Op forever .
Mrs . Bronfenbrenner wondered about a cul de sac for a turn - around
for emergency vehicles . Mr . Fabbroni felt that it was kind of meaningless
for the kind of road we are looking at - - first of all the road is way
in excess of 500 ' and it is steep .
Mrs . Bronfenbrenner asked about fire protection and ambulances getting
` . Planning Board - 8 - May 15 , 1979
to the area .
Mr . Lowes stated that the slope would be a 10 % maximum . Mr . Weisburd
stated that they should be well within the limits of the Town specifications
for maximum grade .
Mrs . Bronfenbrenner stated that they will still need a turn - around .
Mr . Weisburd agreed and stated that they will be able to put that in .
Town Councilman Gust Freeman stated that obviously the developers
have not been to the banks about the possibility of mortgages on a private
road . Mr . Weisburd wondered why he said obviously . Mr . Freeman replied
that banks will not give mortgages on private roads . Mr . Weisburd said
that this is not true ; they have been to the banks .
Mr . Fabbroni stated that the Town Attorney will want the rights of
the leaseholders to access to their properties spelled out clearly . Mr .
Fabbroni said that the preliminary map showed over a 10% slope , but the
map , or survey , shows it better . Mr . Fabbroni said that this is prefer -
able to the farm road that is there now . Mr . Baker agreed . Mr . Fabbroni
commented while the discussion is on the road , with that type of grade
more information need be shown on how runoff is controlled .
Mr . Lowes explained to Mr . Fabbroni and the Board that this is
underway . Mr . Lowes described the drainage referring to the map .
Mr . May noted that they are proposing 9 leaseholds plus the school ,
therefore , there will be 10 . Mr . Weisburd agreed .
Mr . Weisburd stated that they have people interested in the old
farmhouse . He said that they have offered them membership in -the Co - Op
but they are leaning away from that . He stated that he did not know if
that would be a problem or not ; right now the Co - Op owns the entire
parcel . He said he would like to leave that as an option for them ;
hopefully when they come back with the Health Department approval and
other decisions they will have that worked out .
Councilman Freeman wondered what would happen if at some time in
the future one of these gentlemen wishes to sell his stock ? Mr .
Fabbroni explained that the Town Attorney will attend to that kind of
question in his review .
Mr . Fabbroni stated that the developer will have to submit a long
form Environmental Assessment Statement with this project .
Mr . Lowes stated that the form is completed and he presented it to
Mr . Fabbroni ,
Mr . Fabbroni wished to know what the developer was proposing , if
anything , for the old dam that is in the creek , Woodcock Creek , and
also to what extent they may be considering using the gravel areas on the
site ?
Mr . Weisburd stated that they will have more of an answer to the
second question at the time of the next meeting - - they are afraid that
they might damage the property too much if they do any gravel extraction .
He asked if , on the first question , Mr . Fabbroni wanted to know about the
dam in relations to the school ? Mr . Fabbroni stated that it was the
school to which he was referring and noted that there may have to be some
'Planning Board - 9 - May .15 , 1979
sort of sophisticated pressure system insofar as fire protection for
the school goes . Mr . Weisburd stated that the school would be of frame
construction with direct access to the outside ; there would probably not
be pressurized sprinkler systems . Mr . Weisburd stated that they are
keeping in mind the reservoir for a source of water for the farmland .
Mr . Fabbroni stated that most of his other questions have to do with
some things that he would pursue with Mr . Weisburd in the by - laws in the
course of an office meeting , if that is alright with the Board ; there are
some questions that can be cleared up before discussions with Mr . Buyoucos .
Mr . Fabbroni asked if the developer were planning on individual wells ?
Mr . Weisburd stated that they were . Mr . Fabbroni pointed out to the
developer that he must be aware of the Health Department regulations with
regard to SPEDES permits , etc . , which will be a requirement of any final
approval .
Mr . Stanton commented that this proposal seems to him to be a much
better use of land in an agricultural zone that the typical division of
agricultural land . He noted that one of the Planning Board members is a
full - time farmer , and he wondered if he agreed . Mr . Baker stated that
he agreed that this was a good proposal for the land in question .
There being no further discussion , the Chair declared the Public
Hearing in the matter of the consideration of preliminary subdivision
approval for the Inlet Valley Land Co - Op on approximately 98 acres duly
closed at 8 : 45 p . m .
Mr . May commented that this looks like a nice project .
MOTION by Mrs . Liese Bronfenbrenner , seconded by Mr . Montgomery May :
RESOLVED , that the Planning Board of the Town of Ithaca grant and
hereby does grant preliminary subdivision approval for Inlet Valley Land
Co - Operative Inc . , 171 Calkins Road , Town of Ithaca Tax Parcel No . 6 - 33 -
1 - 4 , approximately 98 . 5 acres , as presented on May 15 , 1979 , on map
entitled , " Final Plat , Inlet Valley Land Cooperative Inc . , Owner : Jerold
M . Weisburd , Part of Lot 79 , Town of Ithaca , Tompkins County , New York ,
Project No . 1938 , " drawn by Rowell and Associates P . C . , 111 West Road ,
Cortland , N . Y . 13045 , subject to the review and approval of the By - Laws
of said Cooperative by the Town Attorney and subject to the approval of
the Town Engineer of drainage and roadway plans .
By way of discussion , Mrs . Bronfenbrenner pointed out Appendix A of
the Subdivision Regulations referring to Section 277 ( Approval of Plats ;
Additional Requisites ) and in particular the final paragraph thereof which
stated that the Planning Board may waive certain provisions . The Board
agreed that it will address those matters at the time of final discussion .
There being no further discussion , the Chair called for a vote .
Aye - Aron , May , Bronfenbrenner , Grigorov , Schultz , Baker , Stanton .
Nay - None .
Abstain - Mazza .
Mr . Mazza stated that he abstained due to a possible conflict of
interest .
The MOTION was declared to be carried unanimously .
L , Planning Board - 10 - May 15 , 1979
RESUMPTION OF ADJOURNED PUBLIC HEARING IN THE MATTER OF FINAL SUBDIVISION
APPROVAL FOR 13 LOT SUBDIVISION BACKLOT OF TEXAS LANE AND SIEN.A DRIVE ,
9 LOTS IN THE TOWN OF ITHACA , TAX PARCEL NO . 6 - 71 - 1 - 9 . I . JONSON ,
Chairman Aron declared that the Board is now back to considering the
final decision in the matter of the proposed 9 lot subdivision in the Town
of Ithaca as presented by Mr . Ivar Jonson , Mr . Aron declared the Public
Hearing open and asked if there were any questions .
Attorney Martin Luster stated from the floor that he knew there had
been many points raised butthat perhaps they had not been documented
properly . Mr . Luster stated that the possibility of access to this
proposed . development from Hanshaw Road had been rejected because there
was no right of way for public use from Hanshaw Road . He stated that he
would like to submit that the deed description as conveyed to Mr . Jonson
shows that the right of way exists ; it shows it was for public purpose .
Mr . Luster continued and stated that at the last meeting Mr . Fabbroni
was asked if the State Environmental Quality Review Act had been complied
and that he ( Fabbroni ) stated that he has made an initial determination of
non - significance , and that the Town has established itself as the lead
agency . Mr . Luster stated that he would say to the Board that it defies
common sense to say that this development has no environmental impact .
Mr . Luster stated to the Board that it , the Board , should determine if
the proposal has no impact ; the Board is the lead agency not the Engineer .
Mr . Luster stated that the Board should consider changes in topography ;
changes in some wild land . He asked how anyone could say that there was
no substantial environmental impact ?
Mr . Luster stated that the map that was presented here Mr „ Jonson has
said was not the final map . Mr . Luster said there is no holding pond .
Mr . Luster said that the Board should withhold any decision until it gets
the final map .
Mr . Charles Donald Gates , 104 Texas Lane , speaking from the floor ,
stated that he had two points which are concerns of the Texas Lane people
that bear on the decision of the Board . ( 1 ) The letter that Mayor
Marcham directed to this Board indicating that the question of the nature
of the tie - in of the sewers and sewerage from the 9 lots that are pro -
posed to be developed in the Town of Ithaca that will transport; their
waste water through sewage lines into the Cayuga Heights sewage system ,
as he understood the language of the letter , as he understood what
happened from ' two of the Village supervisors , members of the Board , who
were there , the question of whether or not the waste water from the 9
lots that are proposed for development could flow into the Cayuga Heights
system by gravity , __ is . an unresolved question . ( 2 ) Mr . Gates said that
there is a discrepancy between the grades that show on the Village sewer
maps and the ground elevation grades that were developed by Mr . Jonson ' s
engineers ; this is a discrepancy that would have to be resolved on the
basis of new information which Mr . Jonson assured the Board would be
brought in . Mr . Gates stated that he cannot understand how the Board can
come to a final decision before that information arrives and before the
Village of Cayuga Heights gives permission to discharge waste water into
these sewers , once we enter the Village of Cayuga Heights . Mr . Gates
Go stated that only that clearance is assured by the Town Engineer and no
other representative of the Village . Mr . Gates asked if there were any
flaw in this reasoning ? Mr . Gates stated that he would say to Mr . Mazza ,
does there have to be a clearance from the Village of Cayuga Heights
before waste water can be discharged into the sewers of the Village ?
Mr . Mazza stated that he is not the Town of Ithaca Town Attorney nor
"Planning Board - 11 - May 15 , 1979
has he reviewed the contract , but he is confident that -k.- the Village cannot
unreasonably withhold permission . Mr . Mazza stated that the Town Engineer
assures the Board that this proposal meets all the reasonable :standards
of the Village of Cayuga Heights .
0
Mr . Fabbroni noted that Professor Gates was not present at the May lst
meeting when this issue was discussed at great length at that time in
terms of the proposed grades of the sewer . Mr . Fabbroni stated that the
existing grades of sewers in the Town of Ithaca in many other areas are
at a flatter . grade and , coupled with the successful field experience that
we have , felt it answers the questions on the main line sewer . Mr . Fabbroni
said that on the laterals , if we accept this plan with the understanding
that house laterals would be laid at no less than 1 / 8 " per foot , that
question is also resolved . Mr . Fabbroni stated that the developer is
building such that he can provide that grade to the lateral from the house
to the manhole . Mr . Fabbroni noted that the Town has adopted -the Plumbing
Code of the State of New York and that every person in the profession
should be reasonably satisfied based on the grades . Mr . Fabbroni stated
with reference to the discrepancy that Mr . Philbrick also brought up at
the Village meeting , he would think that if Mr . Gates looked at the two
lots , as a professional , he would agree that the minimum grade can be met
and provided into the manhole .
Mr . Gates stated that he could not agree with Mr . Fabbroni , as a
professional , in looking at the lots , but it is close . Mr . Gates stated
that he would prefer to look at the grades that are measured .
Mr . Gates stated that Mr . Fabbroni is willing to include a large
populace of individuals that would accept this as being acceptable and
so he would ask that if that is all there is to it , that if in Mr .
Fabbroni ' s opinion this is appropriate drainage , why do we have a meeting ;
why did we meet with the Village Board last night / if we do not need this
Board ; if we do not need any clearance from the Village of Cayuga Heights ,
why was this matter raised ?
Mr . Fabbroni answered that the question of the elevation of the
sewer coming out of lots 6 and 5 was brought up at the Village meeting .
Mr . Jonson said that his surveyor was double - checking those grades and
would have them ready for this Town meeting here tonight ; the letter from
Mayor Marcham is written using the words " in a few days " . Mr . Fabbroni
commented that incidentally while it is recognized minimum 1 / 8 " per foot
in the Plumbing Code , the City has allowed 1 / 16 " per foot . Mr . Fabbroni
stated that this Board has before it information that the Village did not
have last night .
Mr . Gates said that the key question is , has the Village Engineer
approved ?
Mr . Fabbroni commented that the Sanitary Engineer with the Tompkins
County Health Department has approved these plans .
Mr . Gates asked if the Health Department can make a decision for
the Village of Cayuga Heights ? Mr . Fabbroni replied that as to contracts ,
no , but as to how that sewage gets into the sewer it is questionable that
different standards should be applied .
Mr . Gates noted that " questionable " is the word Mr . Fabbroni used .
He asked how Mr . Fabbroni can pretend that the Village has cleared this ?
Mr . 'Fabbroni replied that they have a sewer agreement set down and must
. ; Planning Board - 12 - May 15 , 1979
satisfy the Village Engineer on standards that are reasonable .
Mr . Gates stated that he did not think the Board can make a decision
without all the information . He stated that Texas Lane also has concerns
with two circumstances this evening where Mr . Jonson has replied to
questions put to him ( 1 ) whether or not a fence would be built around a
proposed storage area and ( 2 ) Ms . Schmitt ' s driveway . Mr . Gates said that
in both cases Mr . Jonson said that this will be worked out . Mr . Gates
stated that this kind of response is very disturbing to those who have a
stake in this . Mr . Gates stated that the Board should feel better if Mr .
Jonson answered with a simple yes or no .
Mr . Jonson stated that in terms of a fence around the holding pond
he will go with whatever the law says ; in terms of Ms . Schmitt; ' s driveway
as far as he is concerned he has no problem with her driveway being on
his land - - the monumenting is up to the Town .
Mrs . Grigorov , referring to the approval of Cayuga Heights of
sewage disposal , noted that at the Planning Board meeting of December 19 ,
1978 , the Town Attorney addressed that question and quoted from terms #7
and #9 of the agreement .
Mr . Fabbroni stated that as a matter of record there is a Local Law
passed by the Town Board in March of 1977 which empowers the Town Engineer
to make a determination under SEQR . Mr . Fabbroni stated that all the
regulations of SEQR have been followed in notifying all munic =ipal bodies .
Mr . Fabbroni said , again through the process of establishing the Town
as lead agent we are at the point of making a final determination on
extensive pieces of information on public record which is why he made
that determination which was not made out of hand or off the -top of his
head .
Mr . Fabbroni continued and stated that if and when the Town accepts
the road through the portion of the right of way where the driveway
connects into the road , we can live with it for the pleasure and amenity
of the person who lives there .
Mr . May stated that he was wondering why Mr . Jonson brought his
paved portion of the road down the center of this 50 ' strip rather than
farther away and saved some of the trees ? Mr . Jonson stated that he
had no problem in moving it over .
Mr . Keller stated that Mr . Jonson has moved it down the middle and
if it has to go that is a good thing . Mr . Keller pointed out that if
Mr . Jonson moves the road it will be closer to his home and he objects
very much to that .
At 9 : 20 p . m . Chairman Aron declared the Public Hearing in the
matter of the consideration of final subdivision approval of the Ivar
Jonson subdivision of land in the Town of Ithaca into 9 lots duly closed .
Chairman Aron asked the Board if it were ready to give consideration
to a final decision ? Mr . Aron pointed out to the Board that this proposal
is a matter that has concerned and is of concern to a lot of people ; a
great deal of information has been received and given out ; approvals
have been granted ; maps and surveys have been shown ; this Board has seen
and heard many , many things , all of which it must weigh very , very
carefully in reaching a decision .
Mr . Mazza asked what the rest of the Board thinks about Mr . May ' s
= Planning Board - 13 - May 15 , 1979
comments to move the road ? Mr . Mazza stated that the Board has two
considerations - - 14r . Keller ' s property and the trees .
Mrs . Bronfenbrenner asked what the set back is of Mr . Keller ' s and
Ms . Schmitt ' s property ? Mr . Fabbroni said it was at least 501
.
Mr . Mazza asked if the trees could be moved . Mr . Jonson stated that
that was not feasible , they are too big .
Mr . Mazza asked Mr . Jonson to indicate again where the holding pond
is . Mr . Jonson stated that he had shown that to the Board before when he
had the scale model with him , but he would show the Board on the map .
Mr . Jonson pointed out to the Board and the public that he still has
to get eight more permits to build the homes , he still has to get permits
for the road construction , he still has to get nine more permits for
occupancy . Mr . Jonson pointed out that his land was surveyed by a
surveyor licensed by the State of New York .
Mrs . Bronfenbrenner noted that Ms . Schmitt was not too happy with
the survey . The Board agreed that this was a private matter .
The Chair allowed Ms . Schmitt to speak from the floor and she
stated that this particular access is on her deed that Mr . Jonson bought
and it does not stipulate that her trees are on his land . She asked what
Mr . Jonson was going to do about her driveway being on this land ? Ms .
Schmitt stated that she should have the right to survey her property
before the Board decides . She asked the Board to postpone a decision
® while she clarifies this . She said that she has come to every meeting
and the trees were always going to be left there .
Mr . Mazza asked Ms . Schmitt if she did get her property :purveyed
and finds that matters are as Mr . Jonson ' s survey suggests , what would
she have the Planning Board do ? Ms . Schmitt stated that she :is suggesting
that her driveway is not on his land . Mr . Mazza stated that :if it is not
then she is all set ; if it is indeed on Mr . Jonson ' s land , what does she
want this Board to do ? Ms . Schmitt said she wanted to wait and find out .
Mr . May stated that in his opinion Mr . Mazza ' s point is very valid .
Attorney Luster stated that the question is not necessarily if Ms .
Schmitt ' s driveway in on Mr . Jonson ' s land , it may be that Mr . Jonson is
on her land . He stated that it is a title question that must be resolved
in the Courts .
Mr . Mazza stated that in his opinion that question is not valid . Mr .
Aron agreed stating that that is an assumption that the Board cannot make
and added that Mr . Jonson has presented a sealed survey .
Mr . Stanton wondered about a point of order in that he thought that
the Board was no longer holding a Public Hearing , Mr . Stanton stated
that it seems to him that the issue as to what this land is and who owns
it is not something the Board can decide tonight if at all . He stated
that this should not stop the Board from a decision tonight ; it seems to
him that -' the .. development either is approved or it is not .
The Board concurred with Mr . Stanton .
1fPlanning Board - 14 - May 15 , 1979
MOTION by Mr . Edward Mazza , seconded by Mr . Bernard Stanton :
RESOLVED , that the Planning Board of the Town of Ithaca grant and
hereby does grant Final Subdivision Approval for 13 lot Subdivision
backlot of Texas Lane and Siena Drive , 9 lots in the Town of Ithaca ,
Town of Ithaca Tax Parcel No . 6 - 71 - 1 - 9 , as presented by Mr . Ivar Jonson ,
Developer , on map entitled " Map of Ivar Jonson Sub - Division , Ivar Jonson
Owner and Developer , Off Texas Lane Ext . , Town of Ithaca , Tompkins Co . ,
N . Y . , Deed Ref : Book 568 , Pages 329 & . 770 , Scale 1 " = 60 '" , dated April
26 , 1979 , Revised May 14 , 1979 , contingent upon his presenting; to the
Town Engineer plans with respect to any holding area for water on lots
#5 and #6 , this holding area to be in the form of something that would
hold water in the case of a large runoff of water and yet not hold
standing water at all times ; and also contingent upon Lisa Lane being
moved westerly six feet from where it is shown on the said subdivision
map , as presented , with hopes of saving the trees .
MOTION TO AMEND MOTION ON THE FLOOR by Mr . Montgomery May , seconded
by Mrs . Carolyn Grigorov :
RESOLVED , that the Motion , as moved and seconded , be amended to
refer to the Subdivision of the 9 lots in the Town of Ithaca , Town of
Ithaca Tax Parcel No . 6 - 71 - 1 - 9 .
There being no further discussion on the motion to amend , the Chair
called for a vote .
Aye - Aron , May , Bronfenbrenner , Mazza , Schultz , Stanton , Grigorov ,
Baker .
Nay - None .
The MOTION TO AMEND THE MOTION was declared to be carried unanimously .
There being no further discussion , the Chair called for a vote on
the AMENDED MOTION , duly moved and seconded and on the floor , as follows :
RESOLVED , that the Planning Board of the Town of Ithaca grant and
hereby does grant Final Subdivision Approval for 9 lot Subdivision in
the Town of Ithaca backlot of Texas Lane and Siena Drive , Town of Ithaca
Tax Parcel No . 6 - 71 - 1 - 9 , as presented by Mr . Ivar Jonson , Developer , on
map entitled " Map of Ivar Jonson Sub - Division , Ivar Jonson Owner and
Develper , Off Texas Lane Ext . , Town of Ithaca , Tompkins Co . , N . Y . ,
Deed Ref : Book 568 , Pages 329 & 770 , Scale 1 " = 601 " , dated April 26 ,
1979 , Revised May 14 , 1979 , contingent upon his presenting to the Town
Engineer plans with respect to any holding area for water on lots #5 and
#6 , this holding area to be in the form of something that would hold water
in the case of a large runoff of water and yet not hold standing water
at all times ; and also contingent upon Lisa Lane being moved westerly
six feet from where it is shown on the said subdivision map , as presented ,
with hopes of saving the trees .
Aye - Aron , May , Bronfenbrenner , Mazza , Schultz , Stanton , Grigorov ,
Baker .
Nay - None .
The MOTION , AS AMENDED , was declared by the Chair to be carried
unanimously .
• ; Planning Board - 15 - May 15 , 1979
REPORT OF COUNTY PLANNING BOARD REPRESENTATIVE , TOWN COUNCILWOMAN SHIRLEY
RAFFENSPERGER .
Mrs . Raffensperger reported on the County Planning Board Meeting of
May 9 , 1979 , and stated that at the beginning of each County Planning
Board meeting there is a segment known as the " Privilege of the Floor " ,
at which time there may be heard various concerns or reports .
Mrs . Raffensperger reported that Mr . Ray Hemming , who is on the
County Planning Board and represents the City of Ithaca
reported on the tight mortgage market in Ithaca and indeed all
of Tompkins County . Mr . Hemming reported that FHA and VA loans are now
going to 11 % interest and conventional mortgage loans are : going :: for
9 - 3 / 47o and that there is very little mortgage money available at any
price .
Mrs . Raffensperger reported that a policy question came up at the
meeting through the Village of Lansing representative and a discussion
ensued of small planes at the County Airport . Mrs . Raffensperger
commented that that is probably not the end of that discussion .
Mrs . Raffensperger reported that the Board discussed the Northeast
Area Bus proposal and passed a resolution with one abstention urging
municipalities including the County to participate in the funding for
this project which it is hoped will begin in September 1979 .
Mrs . Raffensperger reported that the County Planning Board tabled
the resolution endorsing the B - I alternative for the Route 13 corridor ,
since the farm interests were present and protested the division of four
or five good - sized farms above Freeville .
Mrs . Raffensperger reported on the County Planning Department Report
on the 208 Water Quality Review Workshop whereby the hope was to devise
a Water Quality Management Plan . Mrs . Raffensperger commented that the
real question emerging seems to be " who is going to manage whom ? "
Mrs . Raffensperger reported that the Village of Lansing :has applied
for A95 review of the Uptown Road Park in their Village of about 4 acres .
She said that this is a request for funds .
Mrs . Raffensperger stated that another matter the Board is concerned
with is the appropriate role of the County Planning Board concerning the
proliferation of other planning groups . She noted that the County Planning
Board is charged as a coordinating body by the County Board of Represen -
tatives . She said there will be discussions with the Chairman of the
County Board to work out the proliferation of committees , sub - committees ,
etc .
Mr . Stanton discussed briefly with Mrs . Raffensperger the matter of
school closing and the hospital once it is vacated .
Mrs . Raffensperger urged the Board members to keep track of solid
waste disposal as it relates to the Town of Ithaca . Mr . Fabbroni said
that he has been asked to participate in these discussions and they meet
tomorrow , as a matter of fact .
The Board members thanked Mrs . Raffensperger for waiting through
such a long evening to give her report . Mrs . Raffensperger stated that
she was happy to do so .
Planning Board - 16 - May 15 , 1979
v ,
APPROVAL OF MINUTES , APRIL 17 , 1979 .
40 MOTION by Mrs . Liese Bronfenbrenner , seconded by Mr . Bernard Stanton :
RESOLVED , that the Minutes of the Planning Board Meeting of April 17 ,
1979 , be and hereby are approved with the three typographical errors to
be corrected in the Official copy filed in the Clerk ' s Office .
There being no further discussion , the Chair called for a vote .
Aye - Aron , May , Bronfenbrenner , Mazza , Schultz , Stanton , Grigorov ,
Baker .
Nay - None .
The MOTION was declared to be carried unanimously .
ADJOURNMENT
Upon Motion , the May 15 , 1979 , meeting of the Town of Ithaca Planning
Board was declared to be duly adjourned at 10 : 00 p . m .
Mrs . Bronfenbrenner asked to be excused from the June 5th meeting of
the Planning Board and from any meetings held from July 15th through
August , 1979 . She was duly excused .
Respectfully submitted ,
Nancy M . Fuller ,
Secretary .
TOWN OF ITHACA PLANNING BOARD
® TUESDAY , MAY 15 , 1979
A G E N D A
7 : 30 P . M . ADJOURNED PUBLIC HEARING : Consideration of Final
Subdivision Approval for 13 lot Subdivision backlot
of Texas Lane and Siena Drive , 9 lots in the Town
of Ithaca , Tax Parcel No . 6 - 71 - 1 - 9 . I . Jonson .
8 : 00 P . M . . PUBLIC HEARING : Consideration of Preliminary
Subdivision Approval for Inlet Valley Land Co - Op ,
Inc . , 171 Calkins Road , Town of Ithaca Tax
Parcel No . 6 - 33 - 1 - 4 , approximately 97 acres .
Jerry Weisburd .
8 : 30 P . M . Approval of Minutes , April 17 , 1979 .
8 : 35 P . M . Report of County Planning Board Representative ,
Town Councilwoman Shirley Raffensperger .
8 : 45 P . M . ADJOURNMENT
Nancy M . Fuller
Secretary
NOTE : IF ANY MEMBER OF THE PLANNING BOARD CANNOT ATTEND , PLEASE
NOTIFY ME IMMEDIATELY AT 273 - 1747 .
322
Til I-Vft
�3 -
�% .� -
- - - - - - ( /� 000lG
- _ _ fir �- - -- - - �- - � S`---��'--�.�-� -- �- - - - - - -- - - -- ---- - -- - --_ - - - - -
AFFIDAVIT OF POSTING
TOWN CLERK ' S OFFICE
ITHACA , No Yo
I , Edward L . Bergen being duly
sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins
County , New York , that the following notice has been duly posted on
the sign board of the Town Clerk of the Town of Ithaca and that the
notice has been duly published in the local newspaper * ( Itha. ca Journal )
Notice of Public Hearing to be held by the Planning Board of the Town of
Ithaca in Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . ,
on Tuesday , May 15 , 1979 , commencing at 8 : 00 p . m . , as per attached .
Location of sign board used for posting * Front Entrance to Town Hall
Date of Posting * May 8 , 1979
Date of Publication : May 10 , 1979
Edward Bergen
Town Clerk
Town of Ithaca
State of New York
County of Tompkins SS .
Town of Ithaca
Sworn to before me this 10th day of May . 9 lq 79 ,
NOTARY
GERTRUDEH. BofNGEew ERN . rk
U L .
Notary Public, Std j
No. 55-527kins Go
Qualified in Tomp
�f'ierm h 30. 19
Expires M%rc
30 1 '1' FIACA JOURNA1: '11mr.day ; May 10, 1979
1 Legal Notices 1 Legal Notices
Legal Notices
I
TOWN OF ITHACA PLANNING ,
BOARD
NOTICE OF PUBLIC HEARING
TUESDAY, MAY 15, 1979
By direction of the Chairman of
the Planning Board, NOTICE IS
HEREBY GIVEN that a Public ,
Hearing will be held by the Plan-
ning Board of the Town of Ithaca on
Tuesday, May 15, 1979, in Town .
Hall, 126 East Seneca Street ( sec-
ond floor ), Ithaca, N . Y., at the
following time and on the following
.matter :
8 : 00 . P .M. Consideration of Pre-
liminary Subdivision Approval for
Inlet Valley Land Co-Op, Inc., 171
Calkins Road, Town of Ithaca Tax
Parcel No. 6-33- 1 -4, approximately
97 acres. Jerry Weisburd.
Said Planning Board will ,at said
time and said place hear all pe
• sons in support of such matters or
objections thereto. Persons may
appear by agent or in person .
Edward L. Bergen
Town Clerk
Town of Ithaca ,
Dated : May 8, 1979 ,
1. Publish : May 10, 1979 .
TOWN OF ITHACA PLANNING BOARD
NOTICE OF PUBLIC HEARING
TUESDAY , MAY 15 , 1979
By direction of the Chairman of the Planning Board , NOTICE IS
HEREBY GIVEN that a Public Hearing will be held by the Planning Board
of the Town of Ithaca on Tuesday , May 15 , 1979 , in Town Hall , 126
East Seneca Street ( second floor ) , Ithaca , N . Y . , at the following
time and on the following matter :
8 : 00 P . M . Consideration of Preliminary Subdivis. ion Approval for
Inlet Valley Land Co - Op , Inc . , . 171 Calkins Road , Town of
Ithaca Tax Parcel No . 6 - 33 - 1 - 4 , approximately . 97 acres .
Jerry Weisburd .
Said Planning Board will at said time and said place hear all
persons in support of such matters or .objections thereto . Persons
may appear by agent or in person .
Edward L . Bergen
Town Clerk
Town of Ithaca
Dated : May 8 , 1979
Publish : May 10 , 1979
RESOLUTION : Town of Ithaca Planning Board , May 1 , 1979 .
IN THE MATTER OF A PUBLIC HEARING :
CONSIDERATION OF FINAL SUBDIVISION APPROVAL FOR 13 LOT SUBDIVISION
BACKLOT OF TEXAS LANE AND SIENA DRIVE , 9 LOTS IN THE TOWN OF
ITHACA , TAX PARCEL N0 . 6 - 71 - 1 - 9 . I . JONSON .
RESOLVED , that the Town of Ithaca Planning Board adjourn and
hereby does adjourn the Public Hearing being held this date in
the matter of consideration of Final Subdivision Approval for a
13 - lot Subdivision backlot of Texas Lane and Siena Drive , NINE
LOTS IN THE TOWN OF • ITHACA , Town of Ithaca Tax Parcel No . 6 - 71 - 1 -
9 , until May 15 , 1979 , commencing at 7 : 30 p . m . , at which time upon
presentation by the developer of the following additional infor -
mation , said Public Hearing will continue and a final decision
reached .
1 . The plan shall show drainage courses as they will flow
from the knoll along the highway right of way and along
the lot lines for the three lots at . the end of the cul
de sac to the stream to the south .
2 . The plan shall show the exact location of the proposed
roadway in plan view particularly where it enters the
proposed development from Texas Lane and a typical road
cross - section showing material and width .
3 . Proposed monuments shall be distinguished from property
pins .
Aye - May , Baker , Bronfenbrenner , Mazza , Schultz , Grigorov .
Nay - None .
Abstain - Stanton .
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) SS :
TOWN OF ITHACA )
I , Nancy M . Fuller , Deputy Town Clerk of the Town of Ithaca , .
New York , and Secretary to the Planning Board of said Town , do
hereby certify that _ the foregoing resoution . is . : a true and exact
copy of a resolution duly adopted by the Planning Board of said
Town of Ithaca at a Public Hearing held on the 1st day of May ,
19799 with all members of said Planning Board having had due and
proper notice thereof , and a Notice of such Public Hearing having
been duly and properly posted and published on April 23 , 19791
and April 26 , 1979 , respectively , and that the same is a complete
copy of the whole of such resolution .
IN WITNESS WHEREOF , I. have hereunto set my hand and the
Corporate seal of the Town of Ithaca , New York , this 8th day of
1►i ay , 19790
. - Nan y M . ller , Deputy Town Clerk
S £ - -A L and Secretary , Planning Board
��- tr
VILLAGE OF CAYUGA HEIGHTS
Office Hours 836 HANSHAW ROAD Telephone
9 A.M. - 4 P-M, ITHACA, N .Y. 14850 � 607-257.1238
J
1p�J .
May 15 , 1979
Mr . Henry Aron , Chairman
Planning Board
Town of Ithaca
126 E . Seneca St .
Ithaca NY 14850
Dear Mr . Aron :
Last evening members of the Village of Cayuga Heights Board of
Trustees and all the Village , Officers met with Mr . Jonson to
discuss informally with him his proposed development . Mr .
Fabbroni was also present .
Discussion focussed on the proposed sewer system for the de -
velopment and the connection between that system and the Village
sewer system . Mr . Jonson told the group what his intentions were ;
in particular , he explained that all the lots in the Town he in-
tended to develop would have adequate gravity sewer flow to the
sewer mains . Questions arose on this point-, as the elevations of -
lots and sewer manholes were considered . Mr . Jonson agreed that
the maps he had submitted were not final . He expected final maps
in a few days .
The Village Trustees and Officers presented the opinion that when
final maps were available Mr . Jonson . and his engineer would meet
with the Village Engineer and that they would together consider
the issue raised regarding elevations as they affected the sewer
system .
Mr , J . B . Rogers , the Village Engineer , will then decide whether
Mr . Jonson ' s sewer system meets the Village standards and will so
report to the Village Board . Permission for Mr- . Jonson to connect
to the Village sewer system will follow a favorable decision by
Mr . Rogers .
Yours sincerely ,
F . G . Marcham , Mayor
Village of Cayuga Heights
.,. 1 I t J - I. ' - . :ice' r _i
seal off,.I i f " ♦ I
t;
� � ` > . • xLook. Ill 1.
.� .T +� or
y'` ' : t V•t Q\ If .•.• • Uo p `SS' b,. �"'":�lj>Zt` is -
pu
L . I q_ •� t �I t- �' •41
t `' r IX. .L ` (' td � r ?,: :t {Vy �ir .r c: ~t • k
` �r t d-.
I l F I 1 R • i I �` V` r t r' V t 'F '' j41 F
l� Vj
t I. h� .,� lid'' y ; \ . , 1�� V; r,+ - r .-, q , 4 + r- LM t
- 1 V - 2Y . YT t����,�� � !
F ro il� t F ' ll �° 11 owT I "�'. N :; II _lt '�� M...
"i kin tit
1, a Y l sl r i>I.. ., •' 1 - 1. \j y ,I. . ter /' i A .
i} w pie�L }l II Y {, r a :\.• :rO - I � - Y t �` ` ra' Tl . �/
II
Or
} fry '~,' ! 0 } 1'1l.
Ir t r '� '+- �� : .:1t 7 +. ,fit& `~' 7.l .
'" t , -t11 L k j F ` t
t
l7 tl 'O a) n " t ` a, '� ' w ( ,, r t
E ` t� 1 )+ ,.
h
,d� It V--, •
` I 'U.,'�.fiK u sr1. ^• , ,;• 0 1' -.� 1I ,. E ' , '. ' 1 , -j X - ,.r - I -
Ic' Y" nvi •,,, 4 64 ,t
ItsI. � aT.
r ' `4 1 '
r 3 - ' 1 V�'
s 4 ' ` • . , orl
`i kV. +�+Iy�yj
't " '. to '
< _ = I r
I. SIt
, �! ;r ' 1 �. .l -11 1 -.er ., s J'11 I ;v v T ' i s
'fiJ6 , 1 V . Q 'S. 1v,
t a .11 ,` O �f� . IQ Y 'y*w ' `
1ti I 1 }fl. -\: O 1 , M f - x
T
' u7 A . . �
of ; .Q I' � I I. � .
`. I S
f7 I I' ;rl a
iL S 1iom 5 • � Tt + ` '
.i :`T I A J ` , , x . 41
,ll .a J
. I � I 444
� � '� . 4 r
I I % tt , 4 o l
.7 \
�' I T � � t
I . . ;
. I
- . — — _
r . 4 I oI�. . J
%
F ,i' { .- I
j Ar --I.
��,� 0 i I i .
I to I •Q. r A' . `: ' IY - vel - \r . I
[ , 11 I 1, : C
' I , -
1
I A4
_ • , �i 5 •4 1 ) i U
I � a
G X . ;
i �` Q I
. ATF
` ul
, 4- r
', .
1 l - l I y . . . 1 =.l 1
11
07
I Jr rI. _ 44..E
' I. � }�: '
I ,
01 .
! k . 1
I . - `
� . ' - u _ 1 111 - ` .
ll�ol_ 0 .. I . I I : I - \. , 11
. 0 � �
IOr � � N � .
- Vj
,
, . . � . \ N
I - - - - - - -- -, - - - - -
-� I . . ! r
i " 4t .
� F iit .
N
. I .
- _
I.
'1- I �+•
. . .
I N
o k
• ` ^
r
: i'do I =; 1' ` ,
.000�r 40L � • w S
I
1 o ..
` I Q � 1
_ - -- 1 o . v
_J- fl, 10 �I 4%�' fi �
o X - of 104 *j o 0 . v
It
�, .
: ? � , n \ fg, �`� N V
L n I ` % �y 4 146 % ) '
�� !
r p'
. ` V - O. X I
f �= 0 .
V .
I - o A r p est'
I .I'- - - ^ I�III Q o - `) o . Q
O s_ i i
1 c� ", ,
IIll :) $
!'� . r. Il n
�, � � '
° ` i `• pp G
- 3
{ I
I f 0 , �� 1 . II — f �'
h"or I 1 I .� ^
In I
c . , a � .L I ' _ I
I . Aro \
Al
I O I 1 ' S f� .� I J - .. .
CDO
�. - 4 . - Y 1.7fEy � u4 ,-. ~ is , Vr ' ' E g t .' _
V i t
1 P�o , - . . i I . . . I I I -I - 4. . lit,took p t I
.:
. . 't. . 11 I - - - . .
F tt ' ' F _ F
•
< ) it "
a
.. . 1' M .oll $n.Fh. 'i1� �nsle J \ �.�.—.-
l j'
\ w I - , f of
IN
r '
If IN
! r
t V.
ub, } 9 r J „ ` i
t •:. lj 4 'YC r r sl 4 ^^ f _ ax '!-• r c ,. h' q- ,•+ , Y T3
_pI
.1 T. La t ti ' � " < t .t'.. ! t
oil.
r. .1III < •f t s {�,f Nt, J Y :n Y 7 '] ] b:.. . t ti T• r y:.
IT 1. t .f. '� { > iY `y j _ 12 k trC Y I ` :. t . '. -,) L t i
LL yIf I
n f If ItillYae 1 h ,�•7tyT'E tt' l �:. 4 1 ' t ] + .ti... tJ'�{ � F`x yry . _ If ? STt «... ,x ' } .^ X,
R �7 f r. 7 < { r 4. A] 9 4_
_ t ;. t. ,r+ ryy},rr '>:•, . ,.,y �r:: y{Nit "' :y P<S• '' I`s:." "r -!6 � .ala t . .,�i'i� r f! f . }-t r'r -r . 1 ,1a faY ' "=ti
.'..: r F , � y '�};.tr� Irt 4L J'th4"k : Y a a tZP Dr'r rij '. .,r) lir r .•� Ysd h . 4t , 1 �4sJ"1Y">jf ] e" y' r r' • at$.
E :x.•rv+tt :',Yp T r : -r T' If
yj ` 9F3 v L.. . , ' r • s '._Y ] ': 1i ^ } a f iirx ,Y ' 1
if if
2: ' 1111i aim+' t .j t! I ."r .'w.' .�;. / -4 il
litt i' ('. f
i'v ? � 4-" '+t• 4 `�tJ W c ri } t �4 ) 'F' yr rY Fi jr`FL • a .r r_. :T O>• a 1 '. >', t r v ltt +�-
t- r . '.f i " ,4 f >r, • '' 1\ 1 -+t ' i 'rp t�. ✓• 1 $�fl . - {
. 4'l a'�,y'i / Nhf . •{ A , t .>t •'� t : t ,' ) :-: 7n fit h I 't t [.: " Y �.' �' f: Yr' w
Tf 1
`a7Yt 1 T..raps . _ L y: 7H'r" _ ! tr'xx p . t" ,�t�. t hif. .° fi' r• A�t. {".. { ,<o l". p�7`rS'Fx ]}*' rl 'rAa� 1 r a : Cyt fiEs t, . i
,Y .. sl t rCd 7 - \ ^ •{ , rS ' j3 y l � i -h.f" ., tt '•' ,, ;. , 4 ,.,,n s ,. .Pr. � , . F ,�pt ''•� ti:'
yy r �t
t 4 ; : > n r ' ; f .�.4 - i t r , t y # .. . r 'IL ,tA4,Pel' r 9. �t1t'tS Y 1 ' '# 4 }e � t - �. t ' t•r t )T'f ri
t ,,'.. , k F AI w , .* M 'i k`- .r: :f i -.-F v,f},i if Kik . ' t G-s - f _ •' t :� 1 ^• K I ) , l'}t FY P ^
! .! ra, , , 'Ya ..,. A 6 t Yx 4C:.: p - ��1 fe .. t nr.t
a _ L {{rte`- t t 7 ) 1 c l d , r 4 ..
�I if 1 '- fit ,-[` ~ !} I it- in V') 11 t i. #-+�', �1. ..< Y �~ err I,. !'r'4t, r ✓u . .r tIf, I • � ± • x � Ftlpl a' t�- ,4f, If Yt,t t.'SY •fir 1\` �+n
t , -iF.,t tS ntiY^ t T.. f '}� �' }�(. �' }y�.it ti t4: '. . 3,f . .,i()'E <xk. }• w ; s}? t ' rQ 7 -rIT IT w :ttf .i l - 4. ..:i3 Y4 ' 1 � t. ...
'` . ': 'tiff, J! _ , , rpl"i > 4:• r ,,. j °S. ;`17! r^ �,: :i ,,7.. 1i4: 1 rt ' ' >{ t 4 (. t . a ".:,' y' , "1: r �. {,r,l t?{F
IIIyy
•. i1•�r ti� t "l: i V„ { f.•vi�i •�;...,.�'uuTr`, 'C.w .•,�,:,,�. . : . ' . �. Y� :rpt#' ^P... )}r '{ I : jl -{y ]A 'in`: ff 4 ,Srr {: rrr.r a :}y' `tA f ,. I -
. .F,1 :uy it 1 p >,, f, - t'. e ',,; 9III I N le LtIT
- .6t9 t Trr � ve � � ' ) . ' ' + 4ao-t• tu.
.4R , '•o- . j 9. '" _ �E•ty r?t, t . .} F.r _ vy fa,.a .rt:� GG44MMr. : C ] d, : " 1' k!' s 't _N v } t r F?"2 'ra ty r ! .t Q "'FF3"r
:i s 4 + y: 't 1 4- t .,
{r r >_ f } <. t++.x t t 2 ',: ls.: < :r r lu`' 1 4 e v .f ' If III •., }-
j /.- a. 1 . )rI in ® spy --r { tYT.
....sr.•t 1+•:+.r7. ..- T"r ::'r, rt , L`, ,5.?t t9t (••. +i' '� Y y- .'R 'x 1: . ..
P t { -; h Axa .r,
-� IT 4 �} •p r*I;¢^ t-- ,_ I r84a+.la "D+s.'t t :ir Sf ; yCyrK Iii
u ' ^1r 1fit .s + _r YY.4jr ITT 4
} xlh :•.fit T.. ITT
} n . -' rtQ a p':u fir' 37" Y }t 3� 4 7 •'>ti - F • d.a l , 7 c 4 1 f ty i .y t?•a • r t c a
y� -. '+Wr ? :^ '4 a IF 'M 7 a i., i,Vt ix . wf x _ I rr yr .>•® y[. , }q(y I et{ _x< N 4 1
k, '. ' 1 . : y' - •i)l ,'i"i° y"{ Ib vt it'k : , . x. w cL,Wr v♦ h .w . l t wl ` YL '"" '�• ta,'� - i,' _ix� Ae;. <h .. 14 'Y a'. T- "(1"k< C 9n•.7:
' .?F "'� �}4 S ,: � F i 4it :, _ 3 i.,jt, + r : L ... _ _ - d •y 9 f'y`a-+ k � Yr l3'aF=
r / + : .y 7 p
_. 4 ; F5 , ...}i"i t Wss ' afY - .u: Vx 3- -rY 'k1r .
v Y K'�; . fi `4 1 t •Y.- t � 4 r' a.. X' l y,II {� f h r t + r y '. "1 . ✓ Yv '_ : Yfii F a t ' ] tp: '7. . Y, ri:.At.
% �, t, ::;t '� , ill fi , ' iI.
i s > ,i F t x - 1• > y • S y ,..•iC4 h 'r'Y' J 't , ri
y y ^
.. . 1. ,r J :. t ) 1 ,... r ! • A ! 1 \ ��. 'Ea�.t : f?: y � w¢` � { is l)_:. , S.. v 0 tiL ' 7Nil �fk \ -Ile �.ZArc, .ryy `{' s
y�[ a. 4... ." r �WL ., ! . ao . .: y c : c4.'� QIL '3 e ' • Y. ..tpE r •.4' 1: t 4 • X I1- �' t{h' :A it a?'. _ )
t •..:" .. . . } .. p Yf4 1 ` �Y .� . ] Iy -:v IK _ 5 .j r 1. 4 : .: k ._• 4 = . Y�J Yt lf`I-:aZ
a- r � fh t •.r _ - .^ , „ a M .n• � tv 8.C ,1
Yf= aI It, ; :_ tr ' .t " , n d 't � f ' F> Va t. Yt 7' s4 { . � � ' , t n .. { 1 'r . - 3`.A '{ t 4=
, F 'Y t ,, Zit, •, : Y • k '1 ::a. ! a ``: ' i » i. " t ,. * ,6Y"- c ,f.sI. I H �r c ` r r _ j4 .: r I.+y It
Yh ��
f S rNft� 'a'-: IL
r -y itare, . rT t _t• y to ) . .O ! 4 r - r -'l;t � '� . a.+v: r:
A 1'. yR t t r-• rt i : i %ft
y A ! » R �r r," .a Aral•., 5 f.:, .. �# 4 t K r T 'lte ' .1 `R •„+F }
{ V� r •w M . t.. .c t f" £f"L! f ♦" hz t C.•'i
'31y;r� Vit ,`J'-•'.wO `+1. .,.� �,., . 't"i , : /'al�'r , s , ^. .i,1'1�,h� ,<, :t :`i' EI %-v aµ r ra!, ✓ ;-rr ra•..' j, s !". C. ..c '±1r 1 e ' --i, " '. • t':I It -
�.� I..^+1. fStQl .li' ,+ e 'fee4 {III {, ^:f ,r{•R -� r ., "1 { 4. Ir' s hf,'ri]q -tole 1 1 ,±:7 ,^.C'. ,^.° `•✓ r r :{ Y ` 17i, t _ '_ .�i '�Rr ys.' e 1 ? E r' `[F'v
a y
9 . m • .h: E+, .,. t "f. %� '4 1 , {' t _.i 1 Cr . tG,�} X ,'•f,, . r ' .! 6'1 °ZP^,a - ttti(-st )t. rt.5 trr�
,tYta-. Nr i_ �+•f'eY'� Ca . 4, .i.)( ,,1e 4 }' o`''.�.Sd'{ 'I,r f Y . ; I .T. y - . .'4".4:,3.5 tl - r�'" f ,..4. 9r , _ G 1} t� Y' r� ' t l+l^'Pf. i� 3} '#ia,. ' M{,,.
� i•i 4F l. ,OpN.V ` li yj l.11Y {'\< ,,}i`4. Y ..t ... A-' _ 'I I.�f yL 'tlt 1 4 '1"'TMttt. y }' �i=f 1 "f f,' 1,' •'IifW n {, 1 '' '.�1 4 a 't 1 1 '.. i i. fi �r Ill. .tyg'L�t j :'' t
Sf c /' Cd ..-J , I ' n ,< ] ..d1 t Ta• • : ' ' Z L . . > n a '° t
1 . . s V•+.. r: .G .4 1 i L� � { V r ] r ' i41 * ' / �n >'. -K4
a ,-77.of .= ?27`' ' , IT + ` • 'v.r t r ti$' ' ?H - , 7'. :.Iw } a t '°! `5,.,.,. . Y . ?p
. :` Za :. >,. � 'yi: 1. It ,.F�7.✓. r� Y� Ak If , llSft� h:'v'a 'f4 g,j t1 ,`-: , �' C . - 1 . "' r-h r1, jt'... . a �)''F 14 y <^a- : I �J,.. f. .n,w4yP .:i^IF' f Y. ','?F `� 6 r {"i
44.. .,y' : ':g, d» O a .,.� , 4, .: . , . '"Y)Y, :: ,lt t.n: t . 4. 7' t ,:_< r,. ,. : J,x. `'F."rb rt' ,. :t .1 11�.• ,7f ,:T •I t' fift G .� ..t Naj'
P. -. . ._.}+'.al . .. .. - t Ax 1 .L. '>Yt.. l z:,W 4 } 4 . .. . ' f. ,. f• ,: .f I Y `t' z }.r {pr ..*t a. . y� (•t : ,5' aEr u. •f4['t"t-.• '!; ( f* ,
@_, ;e . . :"k Nr� lZ:. .t -f ` 7 ,d y.Y . f+.f .L,,}:,; .0 .: Ifr .`. W 1 i' d, r S., - I°� 1X•r7 ',^T . s-tt SC- .YF YtyI .r. 41 , �tt 1 E !
. r . , . v1 ; :R ' .-. Ca, .ter Yt2T k�7 fk y > -Y. r. f'r'. a ;µ ru �•'� i -' l +f ":4 � !' -nG tJ . r : 1,44!x No
VIA i : :Q 4A,9J,r. a..r,oc '♦t xr >, +A 't, .t. ,�',: a r. "! ,•cYn fA m ye w «r�
. jt: .s >.. a, /b, - ? ` , i. ] t � �q 't' ,i * 3 �k,:xT .: L:!` ,:nro,A;.t�L : s s;t�.
wi t 't�[ ?4t ''yi. 4arte . fi' J; i":f ' : .� i y. of .1 :' f e ' i ! ]' ' 'r .BB@.._,v �. ; {i 'IF I - , �3i"'t �ti :J. t " 7 aF2,r •+'
I k,Q , r(- ..t ,r . y . t . -['l f � - z st 4. L . "? . � nJ. ,: ,,,.a„1� - Vt► 1 1%ft
p
f i . 5 J `eiw ., - n f L .. .Y t r e, . ` �twr { {I ''.I,. fl, yS' ai'#++ ,t.•� v`..E,.i
i i rr'. ` f n"Y. �3 k . :. 1'• rr .1•.F t' • ,..+f'.K' " n+; 7Yi.,' >;b v-t .z: p� 1r.. tit, r ,. i .. 1It1 S •( 'y� t-i i R < 17 t ! ��+'.�, M r 4-
.S. „ �. J ?< . ;_ l¢. :�^..,,Yf: '. Y. li ; a. s. • YV f .�.4.y -t,S} �'1 5..e >. i A k. uW^: ' Y "Z '.! r + dT w . . . 4d'[r }"" : -' .1. i
� . rt:,. i ">=t �: ' ' Yt.Y« /�1 s• rtr y .tP' ' '. - ry.ta;. i." \:' f: F'ak` s. .)' ! r .I. ' a 4!.tj• , > * y
y . �yQ
r3 IT ?r . f4..�r4,Fi. :`rFp"}'>.l t't _ �T"tery f- Y.!!.� . r f .':, ' F 1, 4`}(a,1'I f k : <>. .�' ".3 . �EG+�. �; u-a } kt .,v � YF t't tV r � Y „Sy ,y ` ..
+ td; I II
etI..xi �7 t Ltt. r`. ^y} -�, Z, >:'r � ,. ; 1 y 4 } ,t. tk.. 1 �• if {0 {«'.rif t, L i � I�7.s�q�'►[9f / r r rl, i + :1e. ;{y, t�I. ,[, r ti1F
_•y_ _? ,. yz7 { ! f . it v }"�-'t ' i :I! 21';III14. y ;t LL,, . ,+,t•7 '•y � I. * , 'C � 1'� ti ^+.. ya5x 't 4 .>ry r s Y;, "'f
� �„j:. � r T. +f i1 f } i4 � J.. 1. �rt. . '-ut . 1... 5'x � i � L � Ily: i •7� r. }e_ t ! -ri'".. . i >t :i v,f s',�. �_ .
yP''I' „ SY : 'fi£ 'h >z (It-: rt t ,4.���. ., a 7;r : rI •rt . i' ' 6r.�... d. _ d ,�. • •, • .-.� . 1.
n0•.'. .n. {`i " s4'� 1?f`• ', ; ,•. td ,z. .,� A' . ti <,t +; . • :! ,r . - r 'f. r ,rJ , �: t .
��p",�
TV
r, > LF � . . it• . { � rt7 f' .IIJ4 :-79 ♦ Y h t !i ihy' .� i ,+1 : }I 1: � , k 1 .✓ 1� r :. V .� .F %4 If If I b, l £ i2sK ` -
� ' -+' .4" a i i � � d t"q I, I7. 't `• . '!. 4 t � PIL I
� '� F ��. oS� II, J.. ! 4 7 I J t Zy IT t Ill d {'r^i. d't•,ell- .�ir
.,•r - :} fr+ • :Cr �i .,� be `., X•. �, . ,y v ,v. 4J4 " a,r r� ytaS
ILL
'- -.A. � as i.F., .,` > x - ;.]l h xPi I F 1 �� Y r ' t '�'/ v . I.def r.«4_r :�Y r ' 4 r• �i, . -lift-vyw _.y f }
1I IT ..� ,
Vil
✓r1 r3� aX11 n f >I . y' r� '� { ljv f � L,f Yo .r1 �y .r,'I }v ) Y asi a?r.- �Ei. ' Y - !`. �. If
P. r.t K'J-r -
r '- ' ' '. ;:.,�// i+;'a. r •iGs. . ' s i_ 1.„ • �'. �< . } 3 Tv, , ,. 1 _r' r 1.:: ' f rx '.w• t „ :. . y n t' 7 '• ::r,:+4 . tt.� *j" 1.°'! :``kSr
..:�.. - a - : f; r Y ♦ t ;4 °3. .'1: a!LL r+' 4` ;i at '� .! f}1•Aty .i^' y , l' . n. , 4x prY. _. ,nom ReJ ;
_ . � ' r }�7
f , r �,I r' 1 f t . M-i r4 i . x , ` Lt, r^� Ira. k r ,."4'Ft
: 'v i q , 4.: `J41S j- • d. ' w n: ' t „ 4 �. .fK a � 'nt ^ "t v A 1 j o
I'.
!+rt 999 .t „r AL ! t G ]i ' 1 !._t e ) s tr Ht.' 1 �. _ _.� 4 yLr ' rry4{ } Y• ��,\{
'i 1 t 4 K"Py.. - If
)14 Ci 4 A�iIf I
C r {{ III
- 7 - + ] i. . s r!` 1 K / 4� r - t 'Btdl .fj
3 ��! .+ r Y.. -. d) ( �' AAl , df } a 1 '7T t ir'}• f 'r'14.I I ��L,TSi+) �,r yY i Y< j� Y r '�t,�J w,}r� •,7C, - P .r.. .
6. t. xCi= r , sxry 42 ::tIV ,E1 , a' t " •nA}` s . ;it. z"i` ,{ir '>� .! i �' .L�. y .:•lrY y .f'h If It, 11 ik:,y8 74 'tY. F=. 'tY'$/t Y { r, F:v '
•. ; a n ."' 1 1. >:./:Y 4 . ..,..* t. a;..,_, z r.t ,t 1 11 t_ >t - ¢ " y, (k.:.: w ' r rtt F..:W»xF « -7, _aP >i - 4 r• J� •-C.. -. 'fa' Y 5 IA .'f4 -
xc r, y, > S- r �'. ,t r -9., , r :YyZ ..stir, ,t 4 .` f) ,0 L rK�1ai r t y{ 'SeF ,-tom t: 'Y 'u , -,y i`lirc% 'k�;:` ... 'v
'tic, ,c; �7.y+ .. c '' i ] 9 E`- m v • AA .'fit r
y • } r * r ' i• v t4 -}t� l T`C r I ITT TMr rI ] t h-2 11 'Yt y r = 'F r^* y'
M R .1 y ''j, 2 . ' Y f �' t Y ' 'l lIt t A ' l '•_ Tl 12M�1/ r t,. T •^ YS J k 3t 'rf y % r 'Jf{ [ 1 '4 I , ry c
[ ' '! / �r4`^ / 0• ' N TJ[ v t ' 4 x ,.hhy 'e. - e •" 11 4 . J Y t _.{rrr� f+f' -s't , } t t `.
5... i{ s<:kl r . a It III Y yi - •TP o S ~ -1 I`t.•-i 3 -:t + '`� F '�. a!-rY7 f' xe ^,p f 47..,i- XITT; t^�,•., •
-y'-, ~-t . '. .: .ca t . ,x; .. ✓4y1 :: tW . . - :t ' • - ITT Il
1f1 •.« s :"1 ', 0/ i1 h. • : Y) o ), t.p � 1% t .k t `ya_ #iIIVsf
J ' tfi r`, . . It k' i., .:, 1 .I fill IA If li. --:-J+ .r 1, tFa :'.. YIf
it .?4 - . v it ja , -5 a au -. L tr1.]-Fft f. .8 . ' 1 t .i�`q "F .s �! vvvl' ' : t Gi r � ..y ,r4.aF . ..� ..r:.
_ r } .. 1 f /, f , 4, f ,,,�:. :r.�t - r "F TCi T4 ift>•! 1S 1 i+r._ A_ _r ,,o 4. t w}` y4i 4l .f�t 4 .. ♦v1j-'t .y iY3.f[ .a. . q ,
t _ .. 1xh - J t > . ' h f t .y !' r S , ? f r ' t..:• r '{J . {; S� ,fit- j t ,r- 3`np, f �4•€t4 � '
III . {T4 "I tr E �s f .kn 1 'fi . . yx 3 2 r ^1r t ® / pfVi IT•: 5 .{,-� '-i j5 ] X14 \ r '� 'r,.as .r. 3- r 5 {
3 1 T Y r }} 4 r- y c 4 , '' }I t - ' , r {' l 9.. IT , .. t t` c . Ni t. } 'r ,` :d
', {), 4 a' 1.• S' 1' f�Nr f .{ t7 : 3 F .t t r xt e ) 'i ,.Tlr T,, } 7 ~ a • ' '` r^Mr ✓ �.F. r. . qe ,<: y iy
r N < � .v,f1 . ,- 4 r .rlt T l ' .lt, IA ['. r r1 K ' FI
Crr 1) :Y e: +�_>` y !")Ytt
C 17 . X t 1, 'F . 7... 1w, t , '
V 4 . r . i IN,t .:s{ .� fee: :leff s - : .{ ( �2a 5 �. kY '+fir . Y} ' J. � j+f; I a> rY'.: {H l Tr
ae Ja ` " ^ '1 Jv /` .tx.:rL{` r }rr {rf :' iY ITT
�' Y `?' �C r ' ... r :! I. I fill
JF , , : cIT, if A IIIAFY '1✓ 4+ . j4 � -y r t -iQ It
R,f• - "r..'C
.. ., 'y M
M1
ry '.tit lit } Y x 1• , !cy r . .., ,k,g '` p S ` t t a l it C•r7 as i t Yk�
.r : Y h' : ", If : CM,• ,c., ` fl y :.�yry t "{ - Ti Ir.9 ..T t ti of,I1{ , ') , 1 r ' i�•4 f . off K _ If
., 1 .i✓ r ..< if_ f
xi �: x w t r 1'' i+'•rC � 'If �,'3r •, ,t -ea] 1 , 1rt 11 � � 7r7x j'a(.
!
tti]i
'' -� ' t - ,'t 4 '+ � '. t YrTt ' "Hlf a'. 5 ' � ' t"�X'it1 ' � � yri
•` � � ' F.
{ f fM4 O� < 4 y
' .tx r y `
.�: , a F : \ { 'Y .>.[ � t r t S u{�4'• i
�`'- �; : ,� tel:: ♦ V i y ` ' ,y t x T Y' 1 , .4 # � 1 4n �yi• ;f t �+W .� > �„ �+: .int
• 3 �:. t . . t h r - 4 7• t C:v p r t, j .f-4y-� ' yr . r'S •r
_ i r f't '•. VY(. ..-i ': i r' 1 r4 , s r{ r Y •F E2 x:f'�' � i i ,{ :? ".
I -! 4 J tt lfi � ar s .
f,/l �� (�}, ,:;y( � \( � _,3-� `}'•� N.y1 -� ' ( ,t7 t -•.s . i . 1 •rt a Vt`._ d' yt is fl1 1 • �. r
�• / I Rt-R t57 1 r .1' _ -:•_ .,T-, : � 5 � 1 �, i
" � .. ✓ . . } t ! .,. U . ,.. � t 11 r'1'�� n ` - � f ?r P'R t r �' $ ,e.^ Y ! • sf t •, M Y , f
/ 1� P,000;0
/N Y � ^�� �. . x P , � t•' tN ti4r ". +1 a ' 73� .r^'° v � �• ,sr V> ,t;S t4 , `
�� � p / � • t� .� t 6 '4, r • 4 r t .� ( `,-.}' 't .] : ... :�
�- r _+'- / •1.. .s:', , t Y °4 rr - ;i ,R {� y
- ' (+�w' ���'-tt„ , �` a s � ., � ' '"t� � i "•"T" ^' l'"' :tet ' :t .! ' '
_ i ' . . / i rF• t p. a•. r 1 -r r fi. i� tf n .t '
-'. � ` < b � '�lOMrr -" t t !y •l ,• J , ` .- Vk i< r� ! tl , Lf f
ITITifi
r 4 * „ ; ik, J, Y +• 4,r : tIS; , 1 -. a Lt •r a!
` 1 , •:� � \�`tl '�4 1,r7.H�'i S ��,�� t ' .ai� ' • Y � t ..a;{L i �-] + kt itX ' ,Zi � a �•Y� _i. Te i .:ik , a � L
•` 1 r-
JI � ? IY(� n t[• . r•tif Y ,4ryry }< > • � ( 1 fl K. b.j tr .r � 1 rfysa � . � r rt -52 i)^ttk, I
ut i t t + E`
_ AA w r . . $�z
- ' .M a ' '.c
V U ii�I t , f !mow-. f 3k A j '. r t t r T 4
' 1{`� ` ,!< , "� /. �' , ] ; �a / <•'a r' t ' Jf ,F ru.. O t ttpy{r} .t � .n tf _�r>4 •, ,"'r'w
' '• f'� .> 7 1 .r- < - 4L r J Yy* r4 t`
• � rt � ,' -r �S -�'t it , . , r .r," .''"� - 6 t 1 to L ' � •' IT.- I.- �,. ✓
_ r � . i - '. y 1 :� li4 y F . fI.M1' 4 � • «: - t r '']
G..: r ,' . j Y*. x�� , , r 4 - tt*{• r l , } ' f to ' y ��- I I
tY1 r i2 ft y 1 ah " � f ` Y' '� *� �'rh 11
� 4 i
i \ F'; ` t ' ` r h d ' { r i Thai r y 1 ' � t �'
'1 a S Y 'e.ry ♦ F .0 Y .t I, V;
_ < r v
• f t . ... 4 pr � '. 4
A /'. �/� %,' t ^• � t : t -.,.
,c^ }
V n , n
IITIt
� 4 . ,ta'p L.A ,K -t.
itA
, f0 le"� t4. r
+ - s 4 ` t �s . �� .. j S. . al )f ,} r ,' • - 4i- t
\l st iii ; 4'
L n y
,
: y
'� O ♦ O (� _ � a 1 � � . . : - 'a
• I Y
t t
_ 99
t ' IT
v r • k � � � z
/ ' ItA 10
. 414 IfIAT
t _
L,
i
. O t � ' _ -moi -, � -
. . O hl r �n 0. Y ' _ Y ^� T i ' • .•.
IIffll
r e �
O �
mw
s t ' � r ]
' t _t
t .' W ` ... _ t 4•' - S i t fi •r
i{2- tt. v � t 3 - 3�•� rF i _ ; x f a: y _i- t, r.`' .
'•i'. f 7 - _ !,� • �. y ly t. < n � t - f1 ._+ w '^ ry e v }' t '
t { .
r'3a�d/� _
.:•
'+ J {y ♦ .�4 !�"4 n r 'r i , { cE # c',
t
V '��� .•� .(. i � itr } {� 1 !r 'i rt.�: 4x .IC 2..ii{`t 4 wlFi; . 7r <. f -
r � t. r{ \.i . ',� t1` ' t a <•-:) , i f, _..1vi < till , ' r`,;. 1 e � Ik� - yt,•rr - \.^ t �..�
IIVT
r4,
la� lty Ptr� . QI l .._ .K( �+ ,r 7� ar rY}) f y 't+4'
) Y .1 y r
K r F S 1
�`1 i r -'. •M ✓ t ::Y ♦ . 'a ; . i ' . C�' ' :�
k• � � 1 } .J.r . . s C r -T t $ r..r � �// ��� 1 t � t y r\ :� °d � L�
IIL ` (p� 4
i ' t
1 ' i. •. .. . . t t
M1 • • 4�
'` . . .. ��, ' r ! t Y Ix .« t� 4 ryf '}y`{ftl��T•t"ty •. � ;VI Ater-¢ '� ..
`4L II1- N4dt
t t
A �. Y f'�ea i� *i• t ' �.� a � �' Y d f LM
i Id �Z 1..,,r��: * •A ''.:u 1 � 4.x t I `� � , ry< ._C: ' Jk 1 1 ' _i .
v+ ' j QEa,� �Y... O t �-.t PJr r A .ct d L 7Y;' • 1 � 4 1 �2x ' - S` + re a��' ,1`l � 1 �7 rl a L'4r '._'� 4•T . ,I'�n"•`� Y yt � ��L# F Fiat J �,;
r• '\`III }� Ya` ' �1 {p1 � . �' 1 r t +
y ° l a i -•7« [",vT ,h,
{f- ' �L 1 !- '=� \� '�' < `i. rr`'� `V . , � ':'v •; r °, �h t r .� � t• ' r t _. . ?
11+YM i'
aJ , I ' •' � • . t
4, r J N r N ! �•1 '! txw_:.7 r �Fi
< �. •�• '� t ti Y_'.I. 'u��
y' ~�A )✓-0 i .. � •S .k'F ,tl�
i�W t � � J '}[ \,,�. �� ✓It' a.• r ' '. ♦ ', e, �' y 0 �. P L� r �J , M '�' atrt d < � .^ ' •C
}-
` s4t ! s -{ s � � , f ..;.; 4
rk !y U Yr c r 1 ' -� i` 's i F7 # •. Ie :.i .
1 � i t. 4] . Y"' t r y �, r i tr,n c rr •. + L y ': e e z' rr ;r� t �' -yt t - i
� < i . r +. : 41' 1F-£L} V a � 1 }5 «tL:} y} t '"'T it art ,f a � •f
` � W t ]fi ! r �' ] rr ,G a Y r { r1 �kF r
' � / ��./• '� ' r ty r XF F � 4>
?' s. � � ~ 1 ] a 1 ' .r 41+ 'f'Yr S -. fc � -x :. •t 4 t *, Y 4
1 r ` K + 'vK t y •t
-rY ti •;
d
.r'
:• 4 r rt'� ! * ',:..:. '.s ... tt qtr i A •: { i.
• .f � r td e? t .'�:
r^t � �__ a a5t. 7 r f ; a•. {" • 13 ,, •L}aC� l "A t •+ K6�J fP' t.'tV ?. ,, , a a. e
) I 1 a J rYr '+.r , `• rY,
5 . , 1� t r 4 t •. ,t� ji i,
a f Y Y ' } - �r
�' { s^tkr.. r ,Ct ] ' f 1, f x ; tt__✓,.:.Y h' ... 1
, y a r 3 1 r } .
`4i'
� {`Ff. « • ;�, , II1t ✓ 5 � i , : {a r �r� , .. x ,t s� r 1 r� � + !, y i
4 4 < I ` ,* P.
' ' .'Y ,, 'y
1 r ^...� Y'n* , t y9' ' +RN{ i#•' :7xYpht r : ,.. lS 4 ..F ^ Yr 4,1 4F . r V Fxa C / 4: 1 �-. .: .
1 rrt r
-` �� - - rSxa- -i..- G �i • E
i E ) k+! r 1 x
• Y . ..S'.yr4r1, b, t. . 9 , e. f'i • t '_L'�,' � t •,;-A.t . I. 1a4 ,. f:: : . t _ ::. ,�• a f t ,
- f '
WHAT IS THE INLET VALLEY LAND CO - OP ?
It seems as though everyone wants a haven in the country .
But what happens when everybody buys a little plot of land ? The
scountry ' simply becomes suburbia , as more and more land is sub -
divided to fulfill peoples ' dreams . From your secluded country
cottaoe , where you once saw woods and fields , you now look on
other ' country ' houses , trailers , broken - down cars , or worse .
Inlet Valley Land Co - op is an alternative approach to land
. use . Rather than subdivide into private parcels , maintaining
the current . unfortunate trend , Inlet Valley is based on cooperative
ownership of a large tract .
Inlet Valley is being established as a small , quiet , residential
community for people interested in peaceful , rural living . On
approximately 90 acres of land , there are eight privately sited ,
three to six acre housesites or ' leaseholds ' on which people may
build a house ., a barn , garden , keep chickens , whatever they like -
it i.s. their own space , The remaining fifty or so acres ( plus barn )
are . held as protected ° common land ' , available for recreational
purposes . ( In order to maintain the peaceful atmosphere , motorized
recreation is prohibited by the by - laws . ) The land is ideal rec -
reactional land : heavy woods , swimmable , year - round creek in a
beautiful glen , old apple orchards , and open fields . If , however ,
a member or members wanted to use some part of the common land , or
the barn , for an agricultural endeavor - extra grazing , a horse
stall , a market® garden , a berry patch , etc . '00 or for experimental purposes such as solar energy or hydro - electric possibilities
the by - laws provide a format for such use . members may initiate
projects of their own or with other members - no one , however ,
has to participate in any projects unless they wish to do so . All
co - op members will automatically be entitled to a share of the
naturally occurring products on the common land : apples and berries ,
for example , plus wood from the woodlot , which will have been marked
by a State forester .
In short , the co - op is a land use alternative which enables
its members to build their own houses and live their private lives ,
yet share in the benefits of commonly owned , protected property .
WHERE ?
The great appeal of this property lies in both its dramatic
nature and its location . The acreage is beautiful : rolling hills
with a south - east slope , a pleasing balance of open and wooded
land , a heavy evergreen stand , distant views , acres of . hardwoods
and deciduous woods , a spectacular glen with a year round creek
( complete with dam ) , old apple orchards , and pastureland . Adjacent
land is dairy land or cultivated fields . Within a mile on either
side are two of the lovliest State Parks ; Buttermilk Falls and
Robert . ! Treman . And yet , . this quiet rural spot is within the Town
of- Ithaca - which means Ithaca schools - and is , only four miles
from the Commons . The proximity to Ithaca completes the blessing
of this land : it ' s a place to live in the country without having
to compromise convenience or face the huge gasoline bills attendent
upon., commuting .
WHAT IS A CO - OP ?
A co - op is a legally structured organization , a ' cooperative .
corporation ' , which is governed by the shareholders and the by - laws
they establish . In this case , the non - profit corporation , Inlet
Valley Land Cooperative , Inc . , owns approximately 90 . acres of land .
Shares are sold , and along with the shares , the shareholder receives
a ' proprietary lease ' . The lease entitles the shareholder to a
parcel of land on which to build a house and live ; the lease may be
sold , subject to specifications in the by - laws . Each shareholder
is also entitled to the use of the commonly held land and barn for
recreational or agricultural purposes . Business of the cooperative
is conducted at meetings , at which each shareholder can vote . All
the shares of the co - op are sold with leases , therefore , all share -
holders live on the property and participate and vote in all co - op
matters .
WHY A CO - OP ?
Cooperative ownership has many advantages :
1 ) members , through the by - laws , control and protect the common land
around them . In other words , you don ' t end up suddenly livinin next
door to a junkyard or a subdivision you can do nothing about .
2 ) It is an efficient use of land . Private ownership of individual
roads , separate snow plowing , etc . , and especially private ownership
of recreational land , simply does not make sense in these days of
land crowding and high prices . Sharing common land also brings
people together into a small - scale , decentralized community in
control of its surroundings .
3 ) There is potential for cooperative efforts . Cooperative child
care is a possibility . Cooperative alternative energy projects are
another . Cooperative stock or crop raising is still another . Shared
projects can range from several members pooling resources and planning
an endeavor as a group , to simple trades between members involved in
separate things as a trade of tomatoes for eggs , for example . However ,
the co - op is structured in such a way that if someone , or no one ,
wanted to share in co - op projects , the co - op would still function
smoothly . Only the potential for group projects is there as it is up
to each individual member whether s / he wants to take advantage of
that potential . ( This is unlike a commune , where unless everyone
works at . the projects , the group breaks down . )
4 ) It is economically attractive . Each shareholder has her /his
own space of approximately three to six acres , plus access to 50
more acres plus a barn , without having to own and be responsible for
all that land him /her self .
WHO MIGHT BE INTERESTED ?
Inlet Valley Co - op is best suited to people enthusiastic about ,
the idea and potentials of cooperative ownership . Anyone who is
interested in alternative sources of energy , gardening , stock keeping ,
or any ' land oriented ' activity , but is dismayed by high land prices
long commutes , and the rape of the landscape , may be interested in
this co - op . Also , people who always wanted to be involved in some
sort of small - scale agricultural endeavor , but knew they couldn ' t
do it alone - this may be for them . Anyone who has lived in the
country , perhaps homesteading , and has found how hard it is to cut
firewood , grow . a garden , can and freeze food , raise meat animals ,
keep hens , plow snow , and also keep a job - perhaps the potentials
for shared labor may appeal to you . Anyone who has lived in the
country and has had trailers and junkyards grow up around their
idyllic retreat . . . . . Anyone who has found how nice it is to have
neighbors when the pipes freeze . . . . . Anyone who has lived in the
country and has found themselves spending more time in their car
each day than on their land . . . . . . this may be for them .
Inlet Valley is not for the person looking for their own plot
of land on which to get away and live an isolated life ; it is not
for the speculators it is not for the landlord . Inlet Valley aims
to be a residential community , with young people and old , children
and adults , all living on their own private leaseholds , but with
a cooperative spirit .
WHAT IS THE FINANCIAL STRUCTURE ?
The co - op owns the land and sells shares and leases . The ' buy
in ' price for the shares and the lease depends on the size of the
leasehold . In addition to the initial buy - in price for the lease ,
there is a monthly maintenance charge , which covers land taxes ,
road maintenance , snow removal , insurance , miscellaneous fees , etc . ,
and may be about 550 . 00 per month . The figures have not yet been
finally established , but we are assuming the average buy - in price
will be between $ 10 , 000 . and $ 14 , 000 . It is also yet to be established
whether the buy - in price will be due in total , or whether it can
be financed by the co - op with a down payment plus monthly installments .
Any other expenditures as for improvements , facilities , etc . - must
be voted on by the members as specified in the by - laws ; the costs
will be shared equally . Improvements on the private leasehold - house ,
other buildings , etc . - are entirely the shareholders ' responsibility .
An elected treasurer , in conjunction with an accountant , collects
monthly maintenance payments and keep the co - op books .
WHO IS STARTING THE CO - OP ?
Jerry Weisburd is an architect - builder who has been designing
and building custom houses in the Ithaca area for the past six years .
Very concientious about land use , Jerry has always worked with clients
concerned with carefully sited houses which harmonize with their
surroundings and . make as much use of natural materials as possible .
He .is also very enthusiastic about ' self - help ' housing for people
Interested in doing a lot of building and /or finishing work themselves .
Claudia Weisburd is basically a livestock person and a writer ,
with the two often combining , as in her book , Raising Your Own Live -
stock . She is interested in almost all types of stock keeping , and
is considering the possibilities of a boarding stable and riding
facility at Inlet Valley .
Jerry and Claudia lived in a co - op in New York City for several
. . . years before moving to Ithaca . They have one child , Kate , now Seven
months old .
eY - LA [US
INLET VALLEY LAND COOPERATIVE , INC .
Definition Cf Terms
The terms ' leasehold ' , ' unit ' , and ' space ' are used interchange -
ably to mean that parcel of land which is described in the proprietary
lease of the stockholder .
" Common land ' is used to describe all the land owned by the
Inlet Valley Cooperative which is not part of proprietary leaseholds .
' Shareholder ' , ° proprietary leasee ' , ' leaseholder ' , and ' stock -
holder - tenant ' are used interchangeably to mean a person owning
stock in the corporation and holding a proprietary lease to a parcel
of land in the co - op . .
ARTICLE I - OFFICES
The principal office of the corporation shall be in the Town
of - Ithaca -, ` County --of - T-ompkins , - - State of New -York . The Corporation _
may also have offices at such other places within or without the
State of New York as the board may from time to time determine or
the business of the Corporation may require .
ARTICLE II - SHAREHOLDERS
1 . PLACE OF MEETINGS .
Meetings of shareholders shall be held at the principal office
of the Corporation or at such place within the Town of Ithaca as
the board shall authorize .
2 . ANNUAL MEETING .
The annual meeting of the shareholders shall be held on the
day of at in each year if not a legal holiday ,
and , if a legal holiday , then on the next business day following
at the same hour , when the shareholders . shall elect a board and
transact such other business as may properly come before the . meeting .
3 . SPECIAL MEETINGS .
Special meetings of the shareholders may be called by the board
or by the president and shall be called by the president or the
secretary at the request in writing' by shareholders owning a majority
in amount of the shares issued and outstanding . Such request shall
state the purpose or purposes of the proposed meeting . Business
transacted at a special meeting shall be confined to the purpose
stated in the notice .
4 . FIXING RECORD DATE .
For the purpose of determining the shareholders entitled to
notice of or ' to vote at any meeting of shareholders or any adjournment
thereof , or to express consent to or dissent from any proposal
without a meeting , or for the purpose of determining• shareholders en -
titled to receive payment of any dividend or . the allotment of any
9V _ 1 awi d
rights , or for the purpose of any other action , the board shall fix ,
in advance , a date as the record date for any such determination of
hareholders . Such date shall not be more than fifty nor less than ten
46 ays before the date of such meeting , nor more than fifty days prior
to any other action . If no record date is fixed it shall be determined
in accordance with the provisions of law .
5 . NOTICE OF MEETINGS OF SHAREHOLDERS .
Written notice of each meeting of shareholders shall state the
purpose or purposes for which the meeting is called , the place , date ,
and hour of the meeting and unless it is the annual meeting , shall
indicate that it is being issued by or at the direction of the person
or persons calling the meeting . Notice shall be given either personally
or by mail to each shareholder entitled to vote at such meeting , not
less than ten or more than fifty days before the date of such meeting .
If action is proposed to be taken that might entitle shareholders to
payment for their shares , the notice shall include a statement of that
purpose and to that effect . If mailed , the notice is given when
deposited in the United States - - mail , with - postage . ..the .re..o.n. ._ pre.pa.i.d ,-_- _ _
directed to the shareholder at his address as it appears on the record
- of shareholders , or , if s / he shall have filed with the Secretary a
written request that notices to him / her be mailed to some other address ,
then directed to him /her at such other address .
6 . WAIVERS &
Notice of meeting need not be given to any shareholder who signs
*a waiver of notice , in person or by proxy , whether before or after the
meetino . The attendance of any shareholder at a meeting , in person or
by proxy , without protesting prior to the conclusion of the meeting
the lack of notice of such meeting , shall constitute a waiver of notice
by him / her .
? . QUORUM OF SHAREHOLDERS .
The proportion of stockholders , by head count and not by number
of shares , who shall be present in person , or represented by proxy ,
at any meeting of the stockholders , in order to constitute a quorum
for the transaction of business shall be a majority , except where
herein elsewhere provided , the proposed business to be transacted
requires unanimous consent or a larger portion of consent than a
majority , in which event , or events , a quorum for the purpose of
transacting said business shall require to be present in person or
by proxy that minimum number of stockholders ( by head count ) required
to carry the proposed business .
When a quorum is once present to organize a meeting , it is
not broken by the subsequent withdrawl of any shareholders .
The shareholders present may adjourn the mee.ting despite the
absense of a quorum .
E . PROXIES .
Every shareholder entitled to vote at a meeting of shareholders
or to express consent or dissent without a meeting may authorize another
person to act for him by proxy . However , no shaholder may accept
from another shareholder an uninstructed proxy- iF1he already holds
one uninstructed proxy .
Every proxy must be signed by the shareholder or her attorney - in -
fact . No proxy shall be valid after expiration of eleven months from
the date thereof unless otherwise provided in the proxy . Every
proxy shall be revocable at the pleasure of the shareholder executing
it , except as otherwise provided by law .
9 . QUALIFICATION OF VOTERS .
Every shareholder of record shall be entitled at every meeting
of shareholders to one vote , unless otherwise provided in the
certificate of incorporation . _
10 . VOTE OF SHAREHOLDERS .
The proportion of votes or consents of the stockholders ( by head
count ) shall be a majority , except where herein elsewhere provided , a
larger proportion is necessary , or unanimous vote is necessary , then
for the transaction of that particular business , the number of votes
( by - head count ) only shall carry that particular business .
11 . WRITTEN CONSENT OF SHAREHOLDERS .
Any action that may be taken by vote may be taken without a
meeting on written consent , setting forth the action so taken , signed
by the holders of all the outstanding shares entitled to vote thereon .
ARTICLE III - DIRECTORS
1 . BOARD OF DIRECTORS .
Subject to any provision in the certificate of incorporation the
business of the corportation shall be managed by its board of directors ,
each of whom shall be at least 21 years of age and must be shareholders .
/J
2 . NUMBER OF DIRECTORS .
The number of directors shall be no more than ! O nor less than S—
When all of the shares are owned by less than 5 shareholders ,
the number of directors may be less than S but not less than the
number of shareholders .
3 . ELECTION AND TERM OF DIRECTORS .
At each annual meeting of the shareholders , the shareholders shall
elect directors to hold office until the next annual meeting . Each
director shall hold office until the expiration of the term for which
s / he is elected and until his /her successor has been elected and
qualified , or until his / her prior resignation or removal .
4 . NEWLY CREATED DIRECTORSHIPS AND VACANCIES .
Newly created directorships resulting from an increase in the
number of directors and vacancies occurring in the board for any
reason except' the removal of directors without cause , may be filled
by a vote of a majority of the directors then in office , although less
than a quorum exists , unless otherwise provided in the certificate of
incorporation . A director elected to fill a . vacancy caused by
resignation , death or removal shall be elected to hold office for the
unexpired term of the predecessor .
11 . CHAIRMAN . J
At all meetings of the board the president , or in/ker absence , a
chairperson chosen by the board shall preside .
12 . EXECUTIVE AND OTHER COMMITTEES . .
The board , by resolution adopted by a majority of the entire board ,
may designate from among its members an executive committee and other
committees , each consisting of or more directors . Each committee
shall serve at the pleasure of the board .
13 . COMPENSATION .
Nothing herein contained shall be construed to preclude any
director from serving the corporation in any other capacity and
receiving compensation therefor .
ARTICLE IV - OFFICERS .
1 . OFFICES , ELECTION , TERM .
( a ) Unless otherwise provided for in the certificate of
incorporation , shareholders may elect or appoint a
president , one or more vice - presidents , a secretary , and a treasures ,
and such other officers as they may determine , who shall have such
duties , powers , and functions as hereinafter provided .
( b ) All officers shall be elected or appointed to hold office
until the annual joint meeting of the board and the shareholders .
( c ) Each officer shall hold office for the term for which s /he is
elected or appointed and until his / her successor has been elected
or appointed and qualified .
2 . REMOVAL , RESIGNATION , SALARY , ETC .
( a ) Any officer elected or appointed by the board may be removed
by the board or shareholders with or without cause .
( b ) In the event of the death , resignation or removal of an
officer , the board or shareholders in its discretion may elect or
appoint a successor to fill the unexpired term .
( c ) Any two or more offices may be held by the same person , with
the exception of the offices of president and secretary .
( d ) The salaries , if any , of all officers shall be fixed by the
board or shareholdfers .
( e ) The directors or shareholders may require any officer to
give security for the faithful performance of - his duties .
3 . , PRESIDENT .
The president shall be the chief executive officer of the
corporation ; s / he shall preside at all meetings of the shareholders
and of the board ; s /he shall have the management of the business of
the corporation and shall see that all orders and resolutions of
the board are carried into effect .
.y,
4 . VICE PRESIDENTS .
During the absence or disability of the president , the vice .
president , or if there are more than one , the executive vice -
president , shall have all the powers and functions of the president .
Each vice - president shall per6orm such other duties as the board
shall prescribe .
S . SECRETARY .
The secretary shall :
( a ) attend all meetings of the board and of the shareholders ;
( b ) record all votes and minutes of all proceedings in a
book to be kept for that purpose ;
( c ) give or cause to be given notice of all meetings of shareholders
and of special meetings of the board ;
( d ) keep in safe custody the seal of the corporation and affix
it to any instrument when authorized by the board ;
( e ) when required , - prepare or cause to be prepared and available
at - each- -meet-In- g-- of shareholders - a certified list - in alphabetical - -
order of the names of shareholders entitled to vote thereat , indicating
the number of shares of each respective class held by each ;
( f ) keep all the documents and records of the corporation as
. required by law or otherwise in a proper and safe manner ,
( g ) perform such other duties as may be prescribed by the board .
6 . ASSISTANT _ SECRETARIES .
During the absence or disability of the secretary , the assistant
secretary , or if there are more than one , the one so designated by
the secretary or by the board , shall have all the powers and functions
of the secretary .
7 . TREASURER .
The treasurer shall :
� a have the custody of the corporate funds and securities ;
b � keep full and accurate accounts of receipts and disbursements
in the corporate books ;
( c ) deposit all money and other valuables in the name and to
the credit of the corporation in such depositories as may be
designated by the board ;
( d ) disburse the funds of the corporation as may be ordered or
authorized by the board and preserve proper vouchers for such
disbursements ;
( e ) render to the president and the board at the regular
meetings of the board , or whenever they require it , an -account of
all his /her transactions as treasurer and of the financial condition
of the corporation ;
( f ) render a full financial report at the annual meeting of the
shareholders if so requested ;
( g ) be furnished by all corporate officers and agents at his /her
request , with such reports and statements as s / he may require as to
all financial transactions of the corporation ;
( h ) perform other such duties as are given to him/her by these
by - laws or as from time to time are assigned to him/her by the board
or the president .
ASSISTANT TREASURER@
During the absence or disability of the treasurer , the assistant
"Itreasurer shall have all the powers and functions of the treasurer@
9 . LAND MANAGEMENT OFFICERe
( a ) carries out or has carried out land and /or water management
practices approved by the shareholders including :
1 . woodland management in accordance with State or other
recognized foresteret
29 pastureland management in accordance with Tompkins County
Cooperative Extension Service recommendationst or recommend �
ations by other recognized authoritiesi
3 . any other land or water management practices in accordance
w ith suggestions from recognized authorities .
( b ) Supervises distribution to the shareholders of yields from
common lands in accordance with the yield estimates presented and
discussed at - app-r-op.riate meetings of the shareholders .
a 0
( c) Performs preliminary reviews of all Land Use Plans .
10 , SURETIES AND BONDS *
In case the board shall so require , an officer or agent of the
i
corporation shall execute to the corporation a bond in such sum and
with such surety or sureties as the board may direct , conditioned
Pon the faithful performance of his / her duties to the corporation
avuand including responsibility for negligence and for the accounting for
of the corporation which may come
all property , funds , or securities
a
into his / her hands .
ARTICLE V CERTIFICATES FOR SHARES
1 . CERTIFICATES *
The shares of the corporation shall be represented by certificates .
They shall be numbered and entered in - the books of the corporation
as they are issued . They shall exhibit * the holders ' name and the
number of shares and shall be signed by the president or a vice � president
and the treasurer or the secretary and shall bear the corporate seal .
29 LOST OR DESTROYED CERTIFICATESS
The board . may direct a new certificate or certificates to be
issued in place of any certificate or certificates theretofore issued
by the corporation , alleged to have been lost or destroyed , upon the
making of an affadavit of that fact by the person claiming the
certificate to be lost or destroyed . When authorizing such issue
and as a condition precedent to the issuance thereof , the board
may in its discretion , require the owner of such lost or destroyed -
- in
certificate , or his legal representative , to advertise the same
such manner as it shall require and/ or give the corporation a bond
* t may direct as indemnity against
in such sum and with such surety as 1
any claim that may be made against the corporation with respect to
the certificate alleged to have been lost or destroyed .
3 . TRANSFER OF SHARES .
( a ) Upon the surrender to the corporation or the transfer agent
Sof the corporation of a certificate for shares duly endorsed or
ccompanied by proper evidence of succession , assignment or authority
to transfer , it shall be the duty of the corporation to issue a new
certificate to the person entitled thereto , and cancel the old
certificate ; every such transfer shall be entered on the transfer book
of the corporation which shall be kept at its principal office . No
transfer shall be made within ten days next preceding the annual
meeting of shareholders .
( b ) The corporation shall be entitled to treat the holder of
record of any share as the holder in fact thereof , and , accordingly ,
shall not be bound to recognize any equitable or other claim to or
interest in such share on the part of any other person whether or
not it shall have express or other notice thereof , except as expressly
provided by the laws of New York .
a . CLOSING TRANSFER BOOKS .
The board shall have the power to close the share transfer books
of the corporation for a period of • not more than ten days during the
thirt day period immediately preceding ( 1 ) any shareholders ' meeting ,
or ( 2 � any date upon which the shareholders shall be called upon to
or have a right to take action without a meeting , or ( 3 ) any date
fixed for the payment of a dividend or any other form of distributibn
and only those shareholders of record at the time the transfer books
are closed shall be recognized as such for the purposes of ( 1 )
eceiving notice of or voting at such meeting , or ( 2 ) allowing them
-
Vo take appropriate action , or ( 3 ) entitling them to receive any
dividend or other form of distribution .
ARTICLE VI - DIVIDENDS
Dividends shall be deitlared and paid only in accordance with
the provisions of the Cooperative Corporation Laws of the State of
New York .
ARTICLE VII -_ CORPORATE SEAL
The seal of the corporation shall be circular in form and bear
the name of the corporation , the year of its organization and the
words " Corporate Seal , New York " . The seal may be used by causing
it to be impressed directly on the instrument or writing to be sealed ,
or upon adhesive substance affixed thereto . The seal on the
certificates for shares or on any corporate obligation for the payment
of _ money _ may- . be .a facsimile , engraved or printed .
ARTICLE VIII - EXECUTION OF INSTRUMENTS
All corporate instruments and documents shall be signed or
countersigned , executed , verified , or acknowledged by such officer or
4fficers or other person or persons as the board may from time to
ime designate :
ARTICLE IX - FISCAL YEAR .
The fiscal year shall begin the first day ' of in - each year .
ARTICLE X - REFERENCES TO CERTIFICATE OF INCORPORATION
Reference to the certificate of incorporation in these by - laws
ha M
all include all ammendments thereto or changes thereof unless
ecifically excepted .
ARTICLE XI - BY - LAW CHANGES
AMENDMENT , REPEAL , ADOPTION , ELECTION OF DIRECTORS .
( a ) The by - laws may be amended or repealed only by the affirmative
vote of shareholders of record holding proprietary leases on 75 % or
more of the units .
( b ) If any by - laws regulating an impending election of directors
is adopted , amended , or repealed by the board , there shall be set
forth in the notice of the next meeting of shareholders for the elction
of directors the by - law so adoted , amended or repealed , together with
a concise statement of the changes made .
ARTICLE XII
The following by - laws are intended to be superior to any of the
foregoing by - laws and where they shall conflict then this Article XII
shall govern , and if the by - laws hereunder shall conflict with any
provision of the corporate charter and if to give effect to these
by - laws it shall be necessary that the corporate charter be amended
then the President and Secretary of this cooperative corporation are
hereby empowered to file a Certificate of such amendment to the
Wrporate charter without further consent or action by the stockholders
r directors .
1 . ( a ) For each unit of space or proprietary lease a st.ockholder
shall own , s / he shall be entitled to cast one vote on all matters
on which stockholders are required to vote .
( b ) If a unit is jointly held by a stockholder , with her husband ,
or another , then only one vote may be cast for that unit , and if
there is equal disagreement amongst them in the casting of that vote ,
between the holders thereof , then it shall be deemed that the owners
of that unit ( or proprietary lease ) shall have abstained from voting =
. and , if there be more than two holders of such unit , then a majority
vote of said holders shall be binding on be minority and said vote
shall be cast as one , at the direction of the majority .
2 . ( a ) mortgage interest and principal and all land taxes , teamed
' space - related expenses ' , shall be paidby each proprietary leaseholder
in accordance with a percentage derived by the - following formula :
number of acres common land + no . of acres in unit
number of units x 111100= X %
total acres owned by cooperative
g � - LPJ^�_. T
Other ongoing operating expenses , includintinsurance , road
maintenance , snow removal , accountant ' s fees , attorney ' s fees , and
grounds maintenance and miscellaneous are to be shared equally by
the shareholders , with the exception of taxes on buildings on the
leaseholds , which are to be the responsibility of each leaseholder
for the buildings on his /her leasehold , with the amo t of the taxes
to be established by the assessments of the `�'1of ; The
sum of the space related expenses , the portion of the equally shared
expenses , and the individual lessors ' building taxes will constitute
the shareholders ' monthly maintenance cost .
( b ) Other expenditures , termed ' special assessments ' , may be
authorized by vote of the shareholders , the number of which votes
needed for the approval of the expenditure being dependent upon
the category of expenditure . The categories are :
I . Capital improvements to vital facilities such as road ,
utility service , or for equipment for same .
II . Capital expenditure for simple land improvements and
conservation , such as drainage , fencing , tree maintenance , and
general - grounds -maintenance .
III . Capital outlay for recreational purposes or facilities .
IV . Capital outlay for other purposes such as alternative
energy source projects , child care facilities , agricultural projects .
Category I requires an affirmative vote of a majority of
shareholders . Category II requires an affirmative vote of two - thirds
of the shareholders . Category III requires an affirmative vote
of all the shareholders ( unanimous ) . Category IV requires . an
affirmative vote of all shareholders less one ( unaniomous less one ) .
These special assessments will be shared equally among the
shareholders , the entire cost being divided by the number of units .
Any other division of costs must be agreed upon by a majority of the
stockholders .
( c ) If a shareholder ( proprietary leasee ) shall fail to meet
his / her monetary obligations , as provided in any part of the by - laws
presently promulgated or as hereinafter amended or as imposed by
resolution of the Board of Directors , pursuant to the authority
conferred by the by - laws , within a period of three months from the
time that the same shall have become payable , then , provided it be
ratified by a majority of the shareholders by vote at a meeting
called for that purpose , said shareholders ' shares , as well as the
space held by him/her shall revert to the corporation . If the
reversion be not ratified , the defaulting shareholder may continue
to retain both his /her equity and his /her space , provided the same
shall under no circumstances extend beyond a _period of six months
from the commencement of his /her default . At the end of the six month
period , irrespective of any ratification or non - ratification by the
shareholders or a majority thereof , the defaulting shareholders ' shares
and space shall automatically revert to . the corporation , unless by
then the default shall have been completely cured . Any monies
realized from the sale or renting of the space shall be retained by
, the corporation for its own use , to reimburse it for all expenses ,
including attorney ' s fees , brokerage fees and advertising expenses ,
accountant ' s fees , court costs and disbursements incurred in such
sale or lease and for the payment of said defaulting shareholder ' s
part of the above charges which accrued subsequently , and to pay
to a defaulting shareholder the surplus , if any .
1 •
( d ) Each shareholder and proprietary leasee shall deposit in
an earmarked emergency fund with the corporation a sum equal to three
months of the projected monthly maintenance charges determined as
above . It is the declared purpose of this emergency fund to provide
for possible defaults by investors in their monthly contributions
and for emergency repairs . If the monthly charges payable by a
shareholder are not paid by the tenth day of the month in which they
become payable , s /he shall pay a ten percent late charge . The
imposition of this late charge shall not in anywise excuse his /her
prompt performance of his /her obligations hereunder .
( e ) Each shareholder shall be personally responsible for the
installation of any improvements made to his / her own leasehold and /or
the alteration or repair of same as required by the,,buQlding code
of the Town of Ithaca and the Town of Ithaca Zoning -46ar , and s / he
shall save and hold harmless the cooperative from such obligations .
If the proprietary leasees ' alteration or installation shall be of
a nature which in and of itself will be responsible for an increase
in real property taxes , and /or insurance rates and / or other obligations
of the cooperative , then the increases attributable to said shareholder
shall .. be _p.aid_ _f__or __b_y ._h .im /her _ and__ become . part of his /her _ monthly
maintenance charge .
( f ) payment by a shareholder or proprietary leasee shall mean ,
for all purposes , actual receipt of payment by the treasurer .
3 . There shall be no sale or net lease of the real property owned
by the corporation in the first ten years of the cooperative holding ,
except upon the unanimous vote of the shareholders ; thereafter a sale
shall be had only upon the affirmative vote of all shareholders less one .
4 . ( a ) An affirmative vote of shareholders of record holding
proprietary leases on 75 % or more of the units shall be sufficient to
arrange for that financing which will be required to discharge the
balance of the purchase money first mortgage now on the property
when the same shall mature and the board of
directors is hereby empowered to authorize any two officers of the
corporation to execute a new note and mortgage , and all other related
instruments to consummate the closing of such refinancing operation .
( b ) Any other note secured by mortgage to be placed upon the
i Corporation ' s real property shall be only upon affirmative vote of
shareholders of record holding proprietary leases on 75 % or more
units .
S . ( a ) A stockholder may not sell his / her shares or any interest
therein unless accompanied by a transfer of his /her entire interest
in his /her proprietary lease or the issuance of a new lease by the
cooperative corporation , subject to the other- conditions below . A
leased . unit cannot be sold in part .
( b ) There can be no such sale unless there shall be an approval
of such sale by a majority of the stockholders , provided , however ,
that such approval shall not be unreasonably withheld .
6 . Only one member of a family or one member of a joint ownership
� of a unit can be a director .
7 . - ( a ) It is the acknowledged sense of the stockholders that they
have come together in a cooperative effort to purchase the land
in the Town of Ithaca , Tompkins County , `_Mate of
New York , to be used by them as peaceful rural living spaces . The
rural tone is to be maintained and upheld in all decisions , and is
further ed by hereby prohibiting the use of motorized recreational
vehicles , including , but not limited to , snowmobiles , mini - bikes ,
and motorcycles ,. and by prohibiting any large scale commercial , non -
agricultural use . Any other uses sought to be accomplished in any
way whether by sale , sublet , or subdivision or permissible use shall
be deemed void and ineffective and not binding on the cooperative
corporation . J
( b ) Notwithstanding anything else appearing in the by - laws , it
is the declared purpose of the present stockholders that absentee land -
lordism should be discouraged , and that no subletting shall be permitted
except upon the written consent of a majority of the shareholders ,
which consent may not be arbitrarily or unreasonably withheld .
( c ) A sub - leasee is defined as any individual who , not being
a shareholder - leasee , occupies space in the absence of the shareholder -
leasee for a period of one month or more , continuously .
( d ) - +lithin - -any- continuous =- 48 month - period ; -- no unit may be sublet --
for an agoragate of more than 12 months , except under extraordinary
circumstances , in which case additional subletting will be allowed if
approved by an affirmative vote of shareholders of record holding
oroprietary leases on 75 � or more of the units .
( e ) The terms of subletting which are mandated and which shall
be set forth in every proprietary lease , are as follows :
A . All obligations of the proprietary lessee to the corporation
shall continue to be met by him /her directly . The officers shall
refuse to accept maintenance and other payments from a sublessee .
B . The proprietary lessee shall be and remain responsible for
all acts and omissions of the sublessee affecting either the corporation
or any other proprietary lessee .
C . Notwithstanding nay provision to the contrary appear. ing in
the proorietary lease or sublease , the sublessee ' s tenancy and
occupancy are revocable by a majority of the shareholders voting at
a meeting called for that purpose , provided that such revocation shall
not be arbitrary ; and it shall be a condition of every sublease that
both the proprietary lessee and the sublessee shall indemnify and
hold harmless the corporation and all other proprietary lessees , in
all capacities , against all claims arising out of the corporation ' s
revocation of a sublessee ' s tenancy or occupancy .
D . Under no circumstances , and notwithstanding anything else
herein , shall any shareholder lessee be permitted to sublet his /her
space to any member , employee or attache of any diplomatic or consular
mission , including the United dations or any division thereof , or to
any person who enjoys , or , on advice of the corporation ' s counsel , may
enjoy ; - diplomatic immunity .
E . Every shareholder - lessee who shall sublet his , her space , shall
pay to the corporation a fee of 10% of the monthly rent charged - or
10% of his / her monthly maintenance charge , whichever is greater , for
each month that a sublessee is in possession .
( f ) A sublessee is further - defined as any individual who , not
40b Ping a shareholder - lessee , occupies space with the shareholder present
either on a rent - paying or on a non - rent paying basis , for _ more than
45 days . Lin -amen--� ^ ^ ^ � . no more than one additional
oprson who is unrelated to the shareholder - lessee is permitted , except
upon the affirmative vote of three quarters of the shareholders , to
f
P
. " approve both the number of individuals permitted as well as to approve
the individuals themselves , irf -= t ,- cas
t. ProPr - - ��, na1
a#� -mare
ne n ' • cups y-rf0 more
The shareholdercLg st pay to the
corporation S15 per month or 10co per month of monthly rent charged ,
whichever is greater . In all cases , individuals renting from a
shareholder must be accepted by an affirmative vote of a majority of
the shareholders , which acceptance may not be arbitrarily or unreason -
ably withheld .
� . ( a ) Not more than one main living unit , p1 max
�xzs e-a-M kk-B d-x —1 aas —i s
p e r m fi t t e d , w h o t o + ►, a a d d i inAa —*fl-1 i n q—ffrrt s—a tta ctre� —t Q—arr
• n - t—ts—s epafaT o
( b ) All leaseholders will be presented with a survey which will
indicate the building site or sites on the leasehold . Dwelling units
must be buildt within the site area unless written approval is given
for a new . sit. e . by a majority of the shareholders at a meeting called
for that purpose .
( c ) It is the aim of this cooperative to maintain privacy and
visual serenity , and it is expected that all buildings will harmonize
with their surroundings to further this goal . To insure the atmosphere
of the cooperative , plans for all buildings and structures clearly
visible from the road , the common property , or another leasehold must
be approved by a majority of the shareholders . Note that trailers
and mobile homes are prohibited by the local zoning ordinance .
. ( d ) Additionally , it is the purpose of this cooperative to
Vestablish a residential area and a cooperative spirit . For this
reason , leaseholders must reside at the dwelling unit for at :least two
years in every three . Under extraordinary circumstances , aff :irmativ.e
vote of a majority of tho shareholders may extend this period . Any
leaseholder violating these terms will be required to sell the leasehold .
9 . USE OF COMMON LANDS
( a ) All common land may be used by all the shareholders for
personal recreational purposes , in any - way that does not alter the
property or conflict with the established principle of a peaceful
atmosphere .
( b ) All shareholders are entitled to a share of naturally
occurring products on common land . such as frWit from wild trees or
plants , wood from the woodland , and grazing on unimproved grazing land .
Use of woodland must be under the - overall supervision - of a New York
State forester .
( c ) Any other use of the common land must be approved by a
majority vote of the shareholders , and must conform to the standards
and purposes of the cooperative of agricultural or small scale use .
Any member may ropose to use common land , or any size piece of it ,
by presenting t � e shareholders with a Land Use Plan in writing at a
meeting called for that purpose . The Plan must include the nature and
size of ' the operation proposed , the amount of time for which it land
' s being requested , the amount , type , and location of the common land
r property being requested , the financial arrangements , including
. 0
any proposals for the use of cooperative funds or remuneration to
the cooperative for the use of the land or facilities , any proposals
for the use of cooperative labor , and appa ® pai3tw indications of
consultation with appropriate authorities such as the forest Service ,
r
ARTICLE XII
12 . All present and future roadways are to be installed in
accordance with the rules and regulations of the Town of Ithaca
and all leaseholders .. shall : have a right of way aver all such roads
in common with the other leaseholders . The maintenance of the
roadways shall be borne equally by all leaseholders
the Cooperative Extension Service , Soil and dater Conservation Service ,
etc . , and the number of people involved in running and using the
operation . Plans are to be presented to the Land Use Officer for a
% preliminary review to be sure that all required items have been
included . The Plan can then be presented to the shareholders at a
meetino_ . The shareholders must give their approval or disapproval
within thirty days of the presentation . A majority vote of the share -
holders is needed to approve a Plan except $
1 ) Use of cooperative funds must be voted on as outlined in
Article XII , section 2 . b .
2 ) labor of the shareholders as a group must
be approved by a unanimous vote .
10 . All use of lands within the proprietary leasehold is prescribed
by the lease , and must conform to the local zoning ordinances . Any
use of leasehold land requiring a zoning variance must also be
oresented to the shareholders for approval , which approval may be given
ueon affirmative vote of three quarteers of the shareholders „
11 . Doos are permitted on leaseholds . ; - _ dogs- . are _ -also_ - permi.tte-d_ -on _
common land as long as the dog does not harass or do damage to any
other animals or livestock , or do damage to any property , or create
a nuisance . Any dog found doing damage will have to be restrained
to the leasehold property of the owner , owners are responsible for
all damaoes . If , after one notice , an owner fails to restrain a dog
which has shown itself to be a nuisance , the cooperative may choose
to levy a fine against the owner . Livestock is permitted on the
leasehold land as well as on the common land as arranged by the owner
® throuoh submission of a Land Use Plan . However , livestock must be
fenced , tethered , or under supervision at all times . Owners are
responsible for any damage done by livestock to either common land or
to land or property on a leasehold .
2 , ARTICLE XIII
1 . The Board of Directors may from time to time originate ammendments
to the house rules as it may deem necessary for the health , safety and
convenience of the stockholder tenants and if the same are approved
by a majority of the stockholders ( by head count ) then they shall be
deemed to be a part of the proprietary lease to be' observed by all
stockholder tenants for each space owned by each +
2 . The Board of Directors shall adopt a form of proprietary lease to
be used for the leasing of all space to stockholder tenants . Such
proprietary lease shall be for such term , with or without provisions
for renewals , and shall contain such restrictions , limitations ,
and provisions in respect to the assignment thereof , the subletting
of the premises and the sale or transfer of the shares of stock
appertinent thereto and such other terms , provisions , - co_nd.itions , and
covenants as the Board of Directors may determine , including a provision
that such portion of the maintenance charges paid by the stockholder
tenants as represent payments on account of principal of any mortgages
�on the property or any other capital expenditures shall be credited
aoainst the corporate books as " paid in surplus " . After a proprietary
lease - in the form -so - adopted - by - the - Board of Directors shall have _
been executed and delivered by the corporation all proprietary leases
4 V 1 v,. � S f.(
• e
subsequently executed and delivered by the corporation shall be in
% he same form ( except with respect to the commencement of the lease
, erm and the statement as to the number of shares of stock owned by
the lessee ) unless the variation is made pursuant to the affirmative
vote taken at a meeting of the stockholders called for that purpose .
Nothing in the proprietary lease lease clauses so adopted shall be
contrary to any provisions of the by - laws insofar as they affect the
obligations of the stockholder - tenants and at all times the by - laws
shall be deemd superior and paramount to any provision of the
prooriPtary lease .
3 . With the unanimous written consent of the shareholders of record
holding all proprietary leases , the Board of Directors shall allocate ,
and may re - allocate , to each space to be leases) to stockholder - tenants
under proprietary leases , the number of shares`of stock of the
corporation which must be owned by the proprietary lease of such
space .
Q . The Board of Directors may fix a reasonable fee to cover expenses
and attorney ' s fees of the corporation in connection with each
or000sed assignment of a proprietary lease and make provision that
such fees be payable in advance as a condition to such assignment .
The same shall apply to subleases where such expense may be incurred .
S . No action or proceding at law which may result in a forfeiture
of a proprieutary lease or a determination that a forfeiture has
Occurred , for non - payment of maintenance , carrying charges or assessments
approved by a majority of the shareholders , or other sufficient reason ,
shall be maintained unless authorized or ratified by resolution of a
majority of the stockholders ( by head count ) which shall exclude the
person charged with the default , adopted at a meeting called for that
purpose .
6 . The shares of stock of the corporation issued and outstanding
on the date of adoption of these by - laws , having all _ been allocated
amonost the various spaces intended to be leased to the stockholder .
tenants , no such shares of stock hereafter required by the corporation
shall be re - issued except in connection with the execution by the
purchaser and delivery by the corporation of a proprietary lease .
The ownership of stock shall entitle the holder to occupy the space
so allocated in the proprieatry lease to which the stock is appurtenant ,
subject to the provisions , covenants and agreements contained in
such proprietary lease . Upon approval by a unanimous vote of the
shareholders , new leaseholds and new proprietary leases may be
created from the common land .
7 . Transfers of shares of stock shall be made on the books of the -
corporation
he -corporation only by the holder in person or by power of attorney
duly executed and filed with the secretary of the corporation , and
on surrender of the certificate for such shares , except that shares
Way
old by the corporation to satisfy any - lein which it holds thereon
be transferred without the surrender of the certificate representing
= = such - $$ h res and - except also - that .wherever under the. terms _ of ,_ _the-
proprie ary lease * * *
Unless and until all proprietary leases which shall have been
executed by the corporation shall have been terminanted , the shares
f stock appurtenant to each proprietary lease shall not be sold or
ssigned except as an entirety to the corporation or an assigness
of such proprietary lease , after complying with and satisfying the
requirements of such proprietary lease with respect to the assignmenment
thereof .
9 . The corporation shall at all times have a lien on the shares of
stock owned by each stockholder , which shall be superior to all other
liens , for all indebtedness and obligations owing by such stockholder
to the corporation arising under the provisions of any proprietary '
lease issued by the corporation and at any time held by such stock-
holder , or otherwise arising . Unless and until such stockholder
as lessee shall make default in payment of any rental tr in the per -
formance of any covenant or condition of such proprietary lease , or
until such stockholder shall make default in payment of any indebtedness
.or obligation owing by such stockholder to the corporation otherwise
arising_ , including conditions and obligations imposed upon. the stock -
holder anywhere in the by - laws contained , such shares shall continue
to stand in the name of the stockholder on the books of the corporation ,
and the stockholder shall be entitled to exercise the right to vote
thereon as though the lien did not exist . Upon default , as aforesaid ,
the lien shall become operative without further notice .
10 . Certificates representing shares of stock of the corporation shall
bear the legend reading as follows :
" The rights of any holder hereof are subject to the provisions
of the By - Laws of Inlet Valley Land Cooperative , Inc . , to any .liens
asserted therein , and to the provisions of the proprietary lease
between the certificate holder , as lessee , and Inlet Valley Land
Cooperative , Inc . , as lessor , for space in
Town of Ithaca , Tompkins County , New York . The shares represented
by this certificate are transferrable only as an entirety and only
to an approved assignee of such proprietary lease .
" Pursuant to the provisions hereof and pertinent provisions
of the Co - operative Corporations Law , the Directors of this corporation
may refuse to consent to the transfer of stock represented by this
Certificate until any indebtedness of the stockholder to the
corporation is paid . "
`¢ FHSOBUTION : Town of Ithaca Planning Board
May 15 , 1979
. IN , THE MATTER OF :
ADJOURNED PUBLIC HEARING : CONSIDERATION OF FINAL SUBDIVISION APPROVAL
FOR 13 LOT SUBDIVISION BACKLOT OF TEXAS LANE
AND SIENA DRIVE , 9 LOTS IN THE TOWN OF ITHACA ,
TAX PARCEL NO . 6 - 71 - 1 - 9 . I . JONSON .
PRESENT : Chairman Henry Aron , Montgomery May , Liese Bronfenbrenner ,
Edward Mazza , Barbara Schultz , Bernard Stanton , Carolyn
Grigorov , James Baker .
MOTION by Mr . Edward Mazza , seconded by Mr . Bernard Stanton :
RESOLVED , that the Planning Board of the Town of Ithaca grant and
hereby does grant Final Subdivision Approval for 13 lot Subdivision
backlot of Texas Lane and Siena Drive , 9 lots in the Town of Ithaca ,
Town of Ithaca Tax Parcel No . 6 - 71 - 1 - 9 , " as presented by Mr . Iva.r Jonson ,
Developer , on map entitled " Map of Ivar Jonson Sub - Division , Ivar Jonson
Owner and Developer , Off Texas Lane Ext . , Town of Ithaca , Tompkins Co . ,
N . Y . , Deed Ref : Book 568 , Pages 329 & 770 , Scale 1 " = 60 '" , dated April
963 1. 979 , Revised May 14 , 1979 , contingent upon his presenting to the
Town Engineer plans with respect to any holding area for water on lots
# 5 and # 6 , this holding area to be in the form of something that would
hold water in the case of a large runoff of water and yet not hold
standing water at all times ; and also contingent upon Lisa Lane being
moved westerly six feet from where it is shown on the said subdivision
map , as presented , with hopes of saving the trees .
MOTION TO AMEND MOTION ON THE FLOOR by Mr . Montgomery May , secon -
ded by Mrs . Carolyn Grigorov :
RESOLVED , that the Motion , as moved and seconded , be amended to
refer to the Subdivision of the 9 lots in the Town of Ithaca , Town of
Ithaca Tax Parcel No . 6 - 71 - 1 - 9 .
Aye - Aron , May , Bronfenbrenner , Mazza , Schultz , Stanton , Grigorov ,
Baker .
� y - None . -
MOTION TO AMEND carried . unanimously .
AMENDED MOTION , duly moved And seconded : - and on • theefloor:
RESOLVED , that the Planning Board of the Town of Ithaca grant and
hereby does grant Final Subdivision Approval for 9 lot Subdivision in
the Town of Ithaca backlot of Texas Lane and Siena Drive , Town of Ithaca
Tax Parcel No . 6 - 71 - 1 - 9 , as presented by Mr . Ivar Jonson , Developer , on
map entitled " Map of Ivar Jonson Sub -Division , Ivar Jonson Owner and
� veloper , Off Texas Lane Ext . , Town of Ithaca , Tompkins Co . , N . Y .. ,
Deed Ref : Book 568 , Pages 329 & 770 , Scare 1 ' 1 = 60111 , dated "April 26 ,
1979s Revised May 140 1979 , contingent upon his presenting to the
ay.. s . i ....' . - ,, t .aT Y >. t . a , t a..l ° a : e a. t♦ _ �r
. . •' ♦ i �JL j n '�• -{w a t i t! at ♦ t ♦. v ap e' v .'- « .. " tet
Tg . Jonson Matter -r? - May 15 , 1979
u
Town Engineer plans with respect to any holding area-' for water on lots
## 5 and # 6 , this holding area to be in the form of something that would
hold water in the case of a large runoff of water and yet not hold
standing water at all times ; and also contingent upon Lisa Lane being
moved westerly six feet from where it is shown on the said subdivision
map , as presented , with hopes of saving the trees .
Aye - Aron , May , Bronfenbrenner , Mazza , Schultz , Stanton , Grigorov ,
Baker .
Nay - None .
MOTION , AS AMENDED . - carried unanimously .
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) SS :
TOWN OF ITHACA )
I . Nancy M . Fuller , Deputy Town Clerk of the Town of Ithaca ,
New York , and Secretary to the Planning Board of said Town , do hereby
certify that the foregoing resolutions are true __ and .._ exact � copies of
resolutions duly adopted by the Planning Board of said Town of Ithaca
at an adjourned Public Hearing Field on the 15th day of May , 1979 , with
all members of said Planning Board having had due and proper notice
thereof , and notice of such adjourned Public Hearing having .been duly
and properly given , and that the same are complete copies of the whole
of such resolutions .
I
Nanc M . Ful "r , Deputy . Town Clerk
and Secret y , Planning Board
S E, -A - L