HomeMy WebLinkAbout1991-08-12 1 Public Hearing L5-7 ?
August 12 , 1991
TOWN OF DANBY
PUBLIC HEARING
HOVANEC PLANNED DEVELOPMENT DISTRICT
August 12 , 1991 7 : 00 P . M .
PRESENT :
S upervisor Dietrich
Councilpersons : Marisa , Schwartz
O THERS PRESENT :
Town Clerk - Sczepanski
P lanning Board Chair - Weitzel
Members of the Public : Marge Hovanec and Edward M . Roberts
The Public Hearing was called to order by Supervisor Dietrich and
the following Notice of Hearing published in the Ithaca Journal
on August 2 , 1991 was read .
TOWN OF DANBY
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a public hearing will be held by the
Town Board of the Town of Danby , Tompkins County , New York at the
Danby Town Hall , 1830 Danby Road , Ithaca , New York on August 12 ,
1991 at 7 : 00 P . M . The Purpose of the hearing will be to consider
an amendment to the Olde Towne Village Planned Development to add
one parcel consisting of 21 . 45 acres to the development .
The Danby Town Board will hear all interested persons • in this
matter .
Supervisor Dietrich described the Proposed Planned Development
District Amendment as a modification of the original PDD . Jim and
Marge Hovanec have asked permission to place two ( 2 ) residential
structures and up to four outbuildings on 21 . 45 acres .
Mr . Edw . Roberts asked if there . were restrictions for roadways more
than 200 feet and if the proposed roadway met New York State
specifications for safety equipment .
Discussion followed regarding access and egress for safety
equipment .
Councilperson Marisa said that the Town would state that we assume
applicable New York State Guidelines will be followed .
Councilperson Marisa said that the Board must now do the following :
1 ) Delegation of Lead Agency - - The Town has not received any
objection to the Town of Danby as Lead Agency for this
project .
2 ) ' The Town Board must complete Part II of the EAF ;
3 ) Make a Determination and / or Declaration of Significance or
of Non - Significance ;.
4 ) Note that the Town has accepted the " Covenants " on the Olde
Towne Village ;
5 ) To proceed to approval the Town must approve the final Planned
Development District package that contains the " Restricted
Covenants , " the modification to the original PDD for the
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August 12 , 1991
driveway and accept it all as one package . ( The entire
package . )
The Town Board reviewed the completed Part I of the SEQR Project
Information submitted by James and Marge Hovanec .
Councilperson Marisa stated that there were two ( 2 ) things that
will need to be addressed if project is approved .
1 ) Any road will conform with existing New York State
regulations for health , safety and fire access ;
2 ) That the site is assumed to comply with all regulations
of Tompkins County Health Department and Tompkins County
Planning Department for the set backs of the stream .
MOTION TO CLOSE PUBLIC HEARING :
A motion was made by Supervisor Dietrich and seconded by
Councilperson Schwartz to close the Public Hearing at 8 : 00 P . M .
A roll call vote on the motion resulted as follows :
Marisa Aye
Schwartz Aye
Dietrich Aye
Carried Unan ' ously
/ at . / eiarduai,
Carol W . Scz - ; a ski
Town Clerk
1 Town Board Meeting
August 12 , 1991
TOWN OF DANBY
TOWN BOARD MINUTES
_ Regular Meeting August 12 , 1991 8 : 00 P . M .
P RESENT :
Supervisor Dietrich
Councilpersons : Marisa , Schwartz
E XCUSED :
Councilpersons : Eckstrom , Oltz
. Others Present :
Tompkins County Representative Proto
Town Clerk - Sczepanski
Highway Superintendent - Coddington
Planning Board Chair - Weitzel
BZA Chair - E . Owens - Roe
Members of the Public :
E dw . M . Roberts , Herb Engman , Joel Gagnon , Rick Dobson , Ray Axtell
P LEDGE OF ALLEGIANCE :
Supervisor Dietrich led all present in the Pledge of Allegiance to
the American flag .
CORRECTIONS TO JULY 8 , 1991 TOWN BOARD MINUTES :
1 ) Page 7 - - Resolution # 41 to read . . . account to pay one - half of
the . . . .
2 ) Page 10 - change second paragraph to . . . . but he does not
understand why State legislators don ' t . . . .
3 ) Page 10 - sixth paragraph under Councilperson Schwartz
suggested . . . �i - delete " Legislatures " and replace with
" Legislators and � �
delete the word " for " and replace with " in " .
Approval of the July 8 , 1991 Town Board Minutes :
A motion was . made by Councilperson Marisa and seconded by
Councilperson Schwartz to approve the July 8 , 1991 Town Board
Meeting Minutes as corrected .
A roll call vote on the motion resulted as follows :
Marisa Aye
Schwartz Aye
Dietrich Aye
Carried Unanimously
Councilperson Marisa reported that the deadline for submitting
articles for publication in the Danby Area News will be extended
to August 18 , 1991 .
County Representatives Report :
Representative Frank Proto reported on the following :
1 ) Library Funds - The Town of Danby Reading Room received
$ 331 . 50 from the Friends of the Library Grant to hire a youth
to assist in the reading room .
2 ) New York State Funds for Fire Companies - NYS has cut funds
used for emergency training courses for fire department
volunteers .
3 ) Airport Development Committee has several resolutions on the
August 13 , 1991 Agenda .
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August 12 , 1991
4 ) County Budget Guidelines - each County department has been
asked to submit their budget requests for 1992 . With zero per
cent increase in the budget County taxes may increase 12 -
15 % .
5 ) Youth Services - Tompkins County Youth Service funds were cut
by approximately $ 40 , 000 due to State budget cuts .
6 ) Tompkins County Sheriff ' s Department has a Citizen ' s Advisory
Board .
7 ) Bus Service - Users of the Tom Tram bus service for Danby and
Lansing have exceeded projections .
8 ) Tompkins County Landfill - the Hillview Road Landfill Advisory
Committee discussed the landfill closure plan and the date of
closure . There is a lot of concern about extending the
closure from December 31 , 1991 to May 1992 .
Members of the Public :
Joel Gagnon - 2353 Spencer Rd . , West Danby asked if the Town Hall
would be painted this year .
Councilperson Schwartz said the Town Board approved the painting
of the Town Hall in July , 1991 and is scheduled to begin soon .
Rick Dobson addressed the Board with the following concerns :
1 ) Dobson Road Extension - how to have the Town of Danby
recognize Dobson Road as ' a legal address and have the
road remain a private road . Mr . Dobson asked the Town
for a letter stating that the Town recognizes this as a
Town road .
Discussion followed and Supervisor Dietrich asked Mr . Dobson to
write a letter to the Town stating what he wants to do with his
road , why , and the reasoning behind it for the Board to review .
2 ) Editing of the Danby Area News - - Mr . Dobson objects to
the editing of articles submitted for publication in the
Danby Area News .
Councilperson Schwartz responded that editors reserve the right to
edit all articles submitted for any publication as long as they do
not change the intent or meaning .
Tree Planting - Danby Fire Station
Supervisor Dietrich reported that a red maple tree has been planted
at the Danby Fire Station . A tree was donated to the Town by
McGuire Gardens in honor of area men and women who served our
Country during the Gulf War crisis .
COMMUNICATIONS :
1 ) Letter to Town of Danby office staff from Oscar and Nancy
Harrell .
2 ) Notice of Amended Petition in the Matter of the Application
of The Town of Danby for Judgement Pursuant to Article 78 of
the Civil Practice Law and Rules , against The New York State
Department of Environmental Conservation and the New York
State Department of Health .
3 ) Letter dated July 25 , 1991 from Rhonda Engman .
4 ) Letter dated August 5 , 1991 from Barney , Grossman , Roth &
Dubow and services statement for July , 1991 .
Barney , Grossman , Roth & Dubow discounted $ 3 , 500 . 00 from their
July 1991 as a " contribution " to the effort of the lawsuit
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3 Town Board Meeting
August 12 , 1991
against the Department of Environmental Conservation and the
Department of Health .
5 ) Letter from Mr . and Mrs . Chase of Comfort Road in regard to
large trucks and speeding traffirfComfort Road . Also of
concern is the small 1 - 1 / 2 lane bridge that has a 12 ton
weight limit . Many trucks using this section of Comfort Road
may exceed the weight limit .
5 ) Community Council August 1991 report and minutes of meeting .
E nvironmental Management Council - Report
H erb Engman reported on following :
1 ) John Lampman spoke to the Environmental Management Council
✓ egarding the closure plan for the Tompkins County Landfill .
2 ) A meeting of the Friends of the Environment will be held on
Thursday , August 15 , 1991 at 7 : 30 in City Hall , 108 East Green
Street , Ithaca , New York . The meeting is to update the public
o n the pesticide study .
3 ) Tompkins County will have a hazardous waste clean - up day and
paint exchange on October 12 , 1991 . An appointment will be
n ecessary to donate or receive paint . Information will be
mailed to households for details .
4 ) Recycling bins and instructions have been distributed to all
households in Danby .
Community Council Report :
Supervisor Dietrich reported on Community Council summer program
. activities and the ACE program .
H ighway Report :
S uperintendent Coddington reported the following :
1 ) Blacktop and patching on Town roads is on - going .
2 ) Chips Capitol Project for 1991 was Station Road . The
underdrainage and ditching has been completed .
3 ) Chipper Chips - - residents are picking up chips from sites
along roadways .
% Senior Citizens :
Edw . M . Roberts reported that the Senior Citizens are in the picnic
season . Two trips to summer theaters have been scheduled for
entertainment .
Code Enforcement Officer ' s July 1991 Report :
Permits were issued in July 1991 for : three ( 3 ) new homes , one ( 1 )
garage , one ( 1 ) storage barn , one ( 1 ) deck , one ( 1 ) addition and
one ( 1 ) renovation . Total fees collected in July 1991 - $ 1 , 405 . 00 .
D og Control Officer ' s Report :
N o report was received .
P lanning Board Report :
Chairperson Weitzel reported that a partial petition from Danby
residents was submitted to the Planning Board on July 17 , 1991
containing approximately 200 signatures . The petition is in regard
to zoning map changes and lot size requirements proposed for a new
ordinance .
Discussion followed regarding lot size requirements for building
in the Town of Danby .
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4 Town Board Meeting
August 12 , 1991
Supervisor Dietrich said we are not changing the current ordinance
but amending it .
A working session of the Planning Board was held on July 30 , 1991
and a session is scheduled for August 28 , 1991 at 7 : 30 P . M . to
continue work on a new zoning ordinance .
Board of Zoning Appeals :
Chairperson Elizabeth Owens - Roe said that the Board of Zoning
Appeals will schedule hearings on the fourth ( 4th ) Wednesday of
each month .
NEW BUSINESS :
Olde Towne Village Planned Development District Proposal
Designation of Lead Agency
RESOLUTION # 47 OF 1991
By Councilperson Marisa : Seconded by Councilperson Schwartz
A RESOLUTION REQUESTING DESIGNATION AS LEAD AGENCY FOR
THE APPLICATION TO THE TOWN OF DANBY FOR A PLANNED
DEVELOPMENT DISTRICT - - OLDE TOWNE VILLAGE SUBMITTED BY
JAMES AND MARGE HOVANEC .
WHEREAS , Applicant has submitted to the Town of Danby a revised
application for a Planned Development District to include a parcel
consisting of 21 . 45 acres adjacent to the Olde Towne Village
Planned Development District , and
WHEREAS , in accordance with the Town of Danby Zoning Ordinance the
proposed action was referred to the Town of Danby Planning Board
for purposes of a preliminary review of Applicant ' s application and
a recommendation to the Town Board ; and
WHEREAS , The Applicant has submitted to the Town Board a newly
completed part I of the Environmental Assessment Form ( EAF ) , and
other information and materials with respect to the environmental
impact of the proposed action , and
WHEREAS , The Town Board , having received Applicant ' s revised
application for approval for the proposed project , and
WHEREAS , The Town of Danby Town Board wishes to designate itself
as Lead Agency for the purpose of completing any and all required
additional environmental review for the proposed action ; and
WHEREAS , The Town Board has given written notification to all
involved agencies informing them that the Town Board proposes to
be lead agency , and the Town Board has received no written notices
objecting thereto ; now therefore be it
RESOLVED , That the Town Board of the Town of Danby , Tompkins County
New York hereby designate itself as the lead agency for the
purposes of conducting whatever additional environmental review
that may be required of the proposed action .
A roll call vote on the Resolution resulted as follows :
Marisa Aye
Schwartz Aye
Dietrich Aye
Carried Unanimously
Acceptance and Completion of the Environmental Impact Statement -
Olde Towne Village Planned Development District
A motion was made by Councilperson Marisa and seconded by
Councilperson Schwartz that the Town of Danby Town Board :
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August 12 , 1991
1 ) Accept Part I of the Environmental Impact Statement for
Olde Towne Village Planned Development District as
prepared by James and Marge Hovanec with the
modifications corrected by the Town of Danby Planning
Board , and
2 ) As Lead Agency for the proposed Hovanec Planned
Development District , Complete Part II of the
Environmental Impact Assessment Form as discussed in the
preceding Public Hearing , and
3 ) That the Town of Danby Town Board as Lead Agency for the
proposed Hovanec Planned Development District make a
Negative Declaration of Determination of Non -
significance .
A roll call vote on the motion resulted as follows :
Marisa Aye
Schwartz Aye
Dietrich Aye
Carried Unanimously
RESOLUTION # 48 OF 1991
N EGATIVE DECLARATION OF DETERMINATION OF NON - SIGNIFICANCE
B y Councilperson Marisa : Seconded by Councilperson Schwartz
RESOLVED , that pursuant to Part 617 of the implementing regulations
pertaining to Article 8 ( State ` Quality Review Act ) of the
E nvironmental Conservation Law , the Town of Danby , as lead agency ,
has determined that the proposed action of the Modification of the
H ovanec Planned Development District located in Olde Towne Village
will not have a significant effect on the environment , and be it
further
RESOLVED , that a Draft Environmental Impact Statement will not be
prepared .
A roll call vote on the resolution resulted as follows :
Marisa Aye
Schwartz Aye
Dietrich Aye
Carried Unanimously / ,
RESOLUTION # 49 OF 1991 F�
APPROVAL OF THE HOVANEC OLDE TOWNE VILLAGE PLANNED DEVELOPMENT
D ISTRICT
B y Councilperson Marisa : Seconded by Councilperson Schwartz
WHEREAS , The Town of Danby Town Board has received for our files
and approved documents labeled " Declaration of Tract Restrictions
for Old Town Village Residential Community , " " Amendment to
D eclaration of Tract Restrictions for Old Town Village Residential
Community " covering the original Old Town Village Planned
D evelopment District and the new 21 . 45 acre section thereby
completing all parts of the application required by the Town of
D anby , and
WHEREAS , The Town of Danby Town Board anticipates that new roads
or a new road or driveway to the new parcel will be constructed in
accordance with any existing New York State regulation having to
do with health , safety , or fire access and assuming that the
location of the dwellings and water systems will be in accordance
with Tompkins County Planning Department and Tompkins County Health
Department concerns having to do with adjacency to Buttermilk
Creek , now therefore be it
RESOLVED , That the Town of Danby Town Board give final Planned
Development District approval to the revised planned development
6 Town Board Meeting
August 12 , 1991
district consisting of the Olde Towne Village Planned Development
and the new 21 . 45 acres addition and the modification of the
original Site Plan for a driveway for access to the additional new
parcel .
A roll call vote on the resolution resulted as follows :
Marisa Aye
Schwartz Aye
Dietrich Aye
Carried Unanimously
Supervisor Dietrich requested that cross reference be noted in the
Town of Danby Minute book to the amendment to Olde Towne Village
Planned Development District .
RESOLUTION # 50 of 1991
APPROVAL OF ADDITIONAL STAFF FOR DANBY AFTER SCHOOL PROGRAM FOR THE
SCHOOL YEAR 1991 - 1992
By Supervisor Dietrich : Seconded by Councilperson Marisa
WHEREAS , Community Council has reported to the Town of Danby Town
Board that the Danby Afterschool Program has fifteen ( 15 ) children
on their waiting list , and
WHEREAS , Community Council has requested permission to create one
( 1 ) additional position for the Afterschool Program to allow space
for ten ( 10 ) additional students , and
WHEREAS , The ' salary for one ( 1 ) additional staff person is
$ 1 , 054 . 00 for September through December 1991 and will be funded
through tuition collected from participants , and
WHEREAS , Community Council will pay to the Town of Danby $ 1 , 054 . 00
to fund the additional position for September through December
1991 , now be it .
RESOLVED , That the Town Board of the Town of Danby authorize
Community Council to add one ( 1 ) additional position to the Danby
Afterschool Program , and be it further
RESOLVED , That Community Council will remit to the Town of Danby
the sum of $ 1 , 054 . 00 to cover the salary for an additional position
from September through December 1991 prior to the program start .
A roll call vote on the resolution resulted as follows :
Marisa Aye .
Schwartz Aye
Dietrich Aye
RESOLUTION # 51 Carried Unanimously
REQUEST OF REIMBURSEMENT FOR DOG CONTROL OFFICER WORKERS '
COMPENSATION FUNDS BE WAIVED AND PAID TO DOG CONTROL OFFICER
By Supervisor Dietrich : Seconded by Councilperson Schwartz
WHEREAS , The Town of Danby Dog Control Officer was injured and
unable to work for the period of April 22 , 1989 to September
12th , 1989 , and
WHEREAS , The Dog Control Officer continued to provide the Town of
Danby with these services at her own expense , and
WHEREAS , The Town of Danby continued to pay the Dog Control Officer
a regular salary for these services , now be it
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7 Town Board Meeting
August 12 , 1991
RESOLVED , That the Town of Danby Town Board approves to waive its
right to reimbursement of Workers ' Compensation payments in the
L orraine Bard case .
A roll call vote on the resolution resulted as follows :
Marisa Aye
Schwartz Aye
D ietrich Aye
Carried Unanimously
RESOLUTION # 52
APPROVAL OF DOG ENUMERATION
B y Councilperson Marisa : Seconded by ' Councilperson Schwartz
WHEREAS , A Dog Enumeration has not been conducted in the Town of
D anby for a number of years , and
WHEREAS , An investigation of dog license and renewal records has
been completed by the Town Clerk ' s Office and the findings indicate
that a dog enumeration should be done , now be it
RESOLVED , That the Town Board of the Town of Danby authorize the
Town Clerk to hire a person ( s ) to do a dog enumeration in the Town
of Danby , and be it further
RESOLVED , That the compensation for this service shall be paid at
the rate of $ 1 . 00 per dog plus mileage at the rate of $ . 25 per
mile .
A roll call vote on the resolution resulted as follows :
Marisa Aye
Schwartz Aye
D ietrich Aye
CarriedUnanimously
Approval of General Fund Warrant # 8 of_1991
A motion was made by Councilperson Marisa and seconded by
Councilperson Schwartz to approve the General Fund Warrant # 8 of
1991 in the , amount of $ 14 , 644 . 63 .
A roll call vote on the motion resulted as follows :
Marisa Aye
Schwartz Aye
D ietrich Aye Carried Unanimously
Approval of Highway Fund Warrant # 8 of 1991
A motion was made by Councilperson Schwartz and seconded by
Councilperson Marisa to approve the Highway Fund Warrant # 8 of 1991
in the amount of $ 27 , 907 . 94 .
A roll call vote on the motion resulted as follows :
Marisa Aye
Schwartz Aye
Dietrich Aye
Carried Unanimously
Aproval of West Danby_Water District Fund Warrant # 7 of_1991
A motion was made by Councilperson Marisa and seconded by
Supervisor Dietrich to approve the West Danby Water District Fund
Warrant # 7 of 1991 in the amount of $ 488 . 96 .
A roll call vote on the motion resulted as follows :
Marisa Aye
S chwartz Aye
D ietrich Aye
Carried Unanimously
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8 Town Board Meeting
August 12 , 1991
Approval of July_1991 Town Clerk ' s Report
A motion was made by Councilperson Schwartz and seconded by
Councilperson Marisa to approve the July 1991 Town Clerk ' s Report
as submitted .
A roll call vote on the motion resulted as follows :
Marisa Aye
Schwartz Aye
Dietrich Aye
Carried Unanimously
Approval of July 1991 Supervisor ' s Report Postponed
A motion was made by Councilperson Marisa and seconded by
Councilperson Schwartz to postpone approval of the July 1991
Supervisor ' s Report until the report has been typed .
A roll call vote on the motion resulted as follows :
Marisa Aye
Schwartz Aye
Dietrich Aye
Carried Unanimously
Adjournment to Executive Session :
A motion was made at 10 : 00 P . M . by Councilperson Marisa and
seconded by Councilperson Schwartz to adjourn to Executive Session
to discuss Personnel matters .
A roll call vote on the motion resulted as follows :
Marisa Aye
Schwartz Aye
Dietrich Aye
Carried Unanimously
ADJOURNMENT :
The regular meeting of the Town of Danby Town Board convened at
10 : 40 P . M . On a motion the meeting adjourned at 10 : 41 P . M .
a4472C/)
Carol W . Sczep ' s i , Town Clerk
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AMENDMENT TO DECLARATION ' OF TRACT RESTRICTIONS
FOR OLD TOWN VILLAGE RESIDENTIAL COMMUNITY 1 .
I
WHEREAS , . by instrument sdated ` and acknowledged February 26 , .
. 1988 , MARGE TABERHOVANEC . established , a ; : certain Declaration of•
'
• Tract Restrictions • which , were ' recorded . in ' the Tompkins County
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Clerk ' s . Office , in Liber 31: , , of : Miscellaneous Records at page 870 ,
i i'1
Y. 1.
and ' 1 . itvi ...tristi • . r
WHEREAS , JAMES D . BLOCK 1 and ' A . B . DELLEPIANE BLOCK by
instrument ' recorded in the ; Tompkins . . County, Clerk ' s Office in
.
• : ' • Liber 32 Miscellaneous ; Records : at page . 752 established similar '
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restrictive covenants `, for :' adjacent . l a n d s . the . Town of Danby , : . . ,
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• and •
I WHEREAS , . the . owners of ' .`lots , in Old Town ' Village Residential
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Community wish to make : modifications inthe original Tract '
Restrictions so that the Tract : Restrictions for both parcels ' read
NOW ,THEREFORE , •: it ; i s agreed ; a s - f of lows
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( 1 ) , Regulations , numbered . " 2 " , • tt4tt , 1151t , " 8 " " 9 " , . tt14tt , : .
. " 15 and . " 24 " will be modified as hereinafter set forth at '
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: length .
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( " 2 " ) No structure will be over two ( 2 ) stories in
height or exceed thirty ( 3 ) feet above ground
elevation . The floor area of any single family
dwelling , exclusive of open porches' , bay windows and
vew & seLOw . , garages , will be : . not ,. less ; than 1 , 800 square feet .
CORNEYS AT LAW • �.: . .r .•
N. TIOC7A STREET' ( " 4 " ) No dwelling ' . house , or , structure will be erected
P. O: 80X899 ; on any property in ;, Old Town Village Subdivision prior . .
A, NEW YORK t 485 t0 the approval ' of the ` Old Town Village Architectural
1607) 273-8410 Review Board . This must be done prior to obtaining • a '
07) 273-3900 . . " •
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1/2\ 1
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, ' building permit and include ; elevation and plan section
drawings of proposed structure . : - This ' will pertain to
new house construction and additions to structure
. . including • greenhouses , . garages , porches and decks . A
site p1anmust also beisubmitted , indicating placement .
• . of the house , the : wellWand the • two . ( 2 ) septic systems .
` ( " 8 " ) . Construction must bestarted ' within one ( 1 ) year
after lot purchase , ' and . the ` exterior of any structure
and landscaping must be completed within . one ( 1 ) year
from the start of construction ( dated of issuance of
construction permit shall , be deemed to be the date of
to' start of construction ) .
( " 9 " ) No above ground swimming pools , or freestanding
TV , FM , ham radio or aerial towers or television
satellite dishes , or , clothes . lines will be permitted '
• • on any lot . • ,' :
( " 14 " ) No sign ' or `. advertising device of any kind will
, be permitted on any lot except " For Sale " or " For Rent "
signs , which shall not exceed two feet by three feet
- ( 2 ' X 3 ' ) in outside dimensions . . Builder or contractor
names will be permitted during , building construction
• and until sale oroccupancy . of the building , subject to
the preceding size restrictions . . .
( " 19 " ) No lot will be " subdivided into smaller lots or
parcels . Consolidation of two or more adjoining lots
containing only one building shall beat the discretion
of the Architectural Review Board , subject to the
provisions , ;to ,. the , applicable subdivision ordinance .
y
• . ( " 24 " ) ` Old .TowncilZage North and 01d Town Village
will jointly maintain a unified Architectural Review
- Board . The Review Board shall maintain orderly files
of- copies of site plansr and building specifications ,
such to be ,. provided . at : sole cost of the lot owners .
The Review Board ' shall maintain ,written records of its
decisions , such , , to ; be signed ; : by ' a majority of the
. : members . ,
The Review Board ' wi11 ` initially consist of J & A Block
r and James and Marge Hovanec . . • Upon the owner occupancy
of six lots in Old ' Town . Village and eight lots in Old
• Town Village North , ' ; the Review Board will be reconsti -
4VELL161SELDIN tilted ., t0 consistr of James Block . and Marge . Hovanec . plus
TORNEY5ATLAW three owner occupiers •� of Old Town Village and Old Town
Village N
5N. T1oaA g North to be � a .
STREET appointed .
. for.. oint
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. , • pp d ; for a one year tenure . by
P• a. BOX 695 , , - the , initial Review i Board . '
CA, NEW YORK 14850 .. •,' '
Yearly thereafter , , those owner occupiers of lots in
(6071273-8410 - •
' 16071 Z73-3900 ,-.. .;
SII■Maii■ammid.i...s.---...------____
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c.d. . .
both Old Town Villageland Old Town Village North will
elect three replacements for the owner occupier members
. of the Review Board , by democratic process : each lot
will have one vote . . When twelve lots in Old Town
✓ illage and eighteen . lots ' in Old Town Village North
h ave been sold , the Review Board will be recomposed
solely of home • occupiers , elected by democratic
process . .
Also at that time , a Land Owners Association consist -
ing of five members will be elected by democratic
process , and replaced/ re - elected yearly , by vote of all
owner occupiers . The rules . : and scope of matters to
occupy the Association will be formulated by the first
Association , : and reformulated thereafter by submitting
such to vote : by the owner occupiers .
. Upon formation of ` the Land Owners Association , the
Architectural Review Board will thereafter act in
accord with , and at the pleasure of the Land Owners
Association .
( 2 ) All other restrictive covenants shall and will remain
the same .
IN WITNESS WHEREOF , :' the b owners of the lots in Old Town
Village Residential TTTTT ? TTTT ity • signe d this agreement .
• . , MARGE HOVANEC
JAMES HOVANEC
3 KEN HORST
H OPE HORST
P AUL DECKER
A V ELLI & SELDIN
TTORNEYS AT LAW ' _
)5 N. T1013A STREET
D ONNA DECKER
P. O. BOX 695
I.C.A. NEW YORK 14650
(6071273-8410
JAMES BLOCK
(6071273-3900
ALIIMInEiliii .
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DECLARATION OF TRACT RESTRICTIONS
FOR
OLD TOWN VILLAGE RESIDENTIAL COMMUNITY
This Declaration of Tract Restrictions made the 26th day of
February , 1988 , by MARGE TABER , now MARGE HOVANEC , her principal
place of residence 1431 Danby Road , Ithaca , New York 14850 .
WHEREAS , MARGE HOVANEC is the owner in fee simple of
property in the Town of Danby , County of Tompkins , New York which
is described on a map entitled " Old Town Village Residential
Community , Town of Danby , Tompkins County " , dated July 17 , 1987
by George Schlecht , PE , L . S . , a copy of which was filed in the
Tompkins County Clerk ' s Office in Vault Box XII , 13 on October 8 ,
1987 and made a part hereof and sometimes hereinafter referred to
as the " Subdivision " , and
WHEREAS , MARGE HOVANEC is about to subdivide and develop the
above described property and is desirous of establishing
covenants , conditions , restrictions and reservations which shall
run with the land . The purpose is to insure the use of the
property for the common benefit of all lot owners for attractive
residential purposes only , to prevent nuisances , to prevent the
impairment of the attractiveness of the property and to maintain
the desired tone a blending of the homes in harmony with the
surroundings of the community , and thereby to secure to each lot
owner the full benefit and enjoyment of his home , with not
greater restriction on the free and undisturbed use of his lot
than is necessary to insure the same advantages to the other lot
owners .
•
NOW , THEREFORE , MARGE HOVANEC hereby submits the above
described property to the following covenants , conditions ,
restrictions and reservations :
( 1 ) All lots in the Subdivision will be known and described
as residential lots and no lot will be used for any purpose other
than residential purposes and for the erection and maintenance of
one ( 1 ) private residence for single family occupancy as
hereinafter defined , and one ( 1 ) outbuilding per lot which may be
either a garage for not more than two ( 2 ) cars and a tool shed ,
subject , nevertheless , to the limitations hereinafter set forth .
Single family structures may be constructed with an attached or
integtrated garage . It is not a mandatory requirement of these
Restrictions that all residential structures • ; have a garage .
VELLI & SELDIN
TORNEYS AT LAW ground elevation .2 ) No structure will be over two ( 2 ) stories in height or
exceed thirty feet above gd elation ,
, N. TIOGASTREET The floor area
single family dwelling , exclusive of open porches , bay windows
any
P. O. BOX 695
and garages , will not be less than 1 , 500 square feet in the case
:A, NEW YORK 14650
of a two story structure , less than 1 , 000 square
(607) 273-8410
nor feet i n the
(6071 2
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case of a one to a one and one - half story structure .
( 3 ) A garage or other outbuilding on any lot will be of
construction and architectural type similar to the dwelling
thereon . No carports will be permitted on any lot . No poultry ,
'. cattle , sheep , horses , pigs , goats or pigeons or other animals ,
birds , or insects will be kept on any lot or kennels for
commercial use for the above is not permitted .
( 4 ) No dwelling house or structure will be erected on any
property in Old Town Village Subdivision prior to the approval of
the Old Town Village Architectural Review Board . This must be
done prior to obtaining a Building Permit and include elevation
and plan section drawings of proposed structure . This will
pertain to new house construction and additions to structure
including greenhouses , garages , porches and decks .
( 5 ) All structures will be required to have uniform color
in roof with browns , blacks and greys being preferred . Other
type would be considered by the Architectural Review Board
( 6 ) All structures will be required to have similarity in
siding with wood siding with natural earth tone stains preferred .
However , other types of materials may be specifically approved by
the Architectural Review Board . No vinyl , aluminum or other
types of sidings are allowed .
( 7 ) All structures will be required to have perimeter
foundations . No more than twenty - four ( 24 ) inches of concrete or
concrete block will be exposed above final grading . of the lot .
lit ( 8 ) The exterior of any structure and landscaping must be
completed within one ( 1 ) year from the start of construction
( date of • issuance of construction permit shall be deemed to be
the date of start of construction ) .
( 9 ) No above ground swimming pools , or freestanding TV , FM ,
ham radio or aerial towers or television satellite dishes will be
permitted on any lot .
( 10 ) No trailers , mobile homes or tents will be permanently
located on any lot .
( 11 ) All snowmobiles , unlicensed automobiles , motorcycles ,
TAVELLI & SELDIN or other machinery or equipment will be parked inside the
structures on each lot .
ATTORNEYS AT LAW
405 N. TIOGA STREET
( 12 ) No trailer , basement , tent , shack , garage , barn or
P. O. BOX 695
iACA, NEW YORK torso other outbuilding erected on any lot at any time will be used as
a residence temporarily or permanently , nor shall any structure
(6. N YO f0
(607) 273-3900
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of a temporary character be used as a residence .
( 13 ) At no time will the grade of any lot be raised above or
below the grade approved by the Review Board .
( 14 ) No sign or advertising device of any kind will be
permitted on any lot except " For Sale " or " For Rent " signs , which
shall not exceed two feet by three feet ( 2 ' X 3 ' ) in outside
dimensions .
( 15 ) Every effort made to preserve the integrity of the area
with regard to plants , trees and other vegetation . No tree will
be unnecessarily removed . Smaller trees will be transplanted to
protected areas of the Subdivision . Commercially applied
herbicides , pesticides and fertilizers are not permitted .
( 16 ) No part of any structure ( including bay windows and
overhangs ) erected or maintained on any lot shall be nearer the
center line of the road at the front of the lot than sixty feet
( 60 ' ) and no part of any structure ( including bay window and
overhangs ) shall be nearer than twenty feet ( 20 ' ) to either side
line of the lot ; and not part of any structure , excepting
outbuildings of temporary construction ( tool sheds ) , shall be
near than thirty feet ( 30 ' ) from the rear lot line , except when
the location of the well and septic system dictates otherwise .
On corner lots , no part of any structure ( including bay
windows and overhangs ) shall be nearer the center line of the
side street than forty feet ( 40 ' ) .
( 17 ) A perpetual easement is reserved over a ten foot ( 10 ' )
perimeter around each lot for public utilities ( including sewage
and drainage ) installation and maintenance , as well as open space
areas . No structures , excepting temporary outbuildings ( tool
sheds ) , are permitted in said areas . The Architectural Review
Board may approve variations of the above reservation .
( 18 ) No fences , walls or hedges will be located or
maintained nearer to any street line than the set back line above
designated ; fences , walls or hedges up to twenty feet ( 20 ' ) from
the dwelling may not exceed seven feet ( 7 ' ) in height and beyond
twenty feet ( 20 ' ) from the dwelling , may not except four feet
( 4 ' ) in height . No metal fences nor masonary ; walls will be
TAVELLI & SELDIN permitted on , at or along the lot lines or within ten feet ( 10 ' )
of any lot line .
4TTORNEYS AT LAW
105 N. TIOGA STREET
( 19 ) No lot will be subdivided into larger , smaller lots or
P. O. BOX 695
parcels .
IACA. NEW YORK 14050
(507) 273.-8410
I60n 273 .3900
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( 2g ) No improvement upon any lot within the Subdivision will
be equipped with exterior lighting causing direct or indirect
glare . Direct or indirect glare is defined for the purpose of
these restrictions as illumination beyond property lines caused
by direct or reflected rays from any form of lighting or by
diffuse reflection from any surface in excess of three tenths
( . 3 ) foot candles at ground level .
( 21 ) The operation of all licensed vehicles will be
restricted to dedicated and /or private Subdivision roads designed
for vehicular traffic . Snowmobiles , motorcycles , motor scooters
or any motor operated vehicle , bicycle , and the like , will not be
permitted to operate on any open lot or land area , pedestrian
path or walkway , except special trails , if any , specifically
designated for such purpose .
• ( 22 ) Single family occupancy , as used herein , is defined as
residential occupancy by not more than two unrelated adults or
four adults all related to one another as either siblings and
step siblings , mother , father , husband , wife , children , step
children together with any number of their children , all of whom
are related to each other as siblings or step siblings . The
foregoing shall include adopted and licensed agency approved or
placed foster children .
( 23 ) MARGE HOVANEC , for herself , her heirs and assigns
reserves the right to dedicate to the Town of Danby for highway
purposes , all streets or roads in the above described premises ,
and to grant underground easements for utilities within said
streets , roads , or within the perimeter easements as in Paragraph
17 above , provided , '
III ( 24 ) The Old Town Village Architectural Review Board will
initially consist of MARGE HOVANEC and JAMES HOVANEC upon the
sale of six or more lots either JAMES HOVANEC or MARGE HOVANEC
will appoint three of the lot owners to the . said Board so that it
will consist of five members . Each January 1st , MARGE HOVANEC
and JAMES HOVANEC will reappoint or appoint three ( 3 ) lot owners
to the Board until the Association is formed . Upon the sale of
six ( 6 ) lots a Land Owners Association will be established and
through democratic process , elect new board members . Each lot
will have one vote .
All members of the Review Board shall act at the
pleasure of the Land Owners Association . The Review Board shall
TAVELLI & SELDIN
maintain in it files a written record of any action taken ,
ATTORNEYS AT LAW
together with a copy of the plans and specifications so acted
405 N. TIOOA STREET
upon , such plans and specifications to be furnished at the sole
P. O. BOX 495
HAI:A, NEW YORK 14850 cost of the lot owner . The decision of the Review Board shall be
signed by a majority of members .
16071 273-841 0
(607) 273-3900
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( 25 ) These covenants , conditions , restrictions and
reservations shall run with the land and shall be binding on all
the parties , • their heirs , executors , administrators , successors
and assigns , and all persons claiming thereunder , until January
it 2000 , at which time said covenants , conditions , restrictions
and reservations shall be automatically extended for successive
periods of ten ( 10 ) years each unless by a vote of the majority
of the owners of the lots of this Subdivision , it is agreed to
change the said covenants , conditions , restrictions and
reservations in whole or in part .
( 26 ) If any owner of lots in the Subdivision shall violate
or attempt to violate any of the covenants , conditions ,
restrictions or reservations herein contained , it shall be lawful
for any other person or persons • owning any other lots . in said
Subdivision to prosecute any proceedings at law or in equity
against the person or persons violating or attempting to violate
any such covenant , condition , restriction or reservation and
either to enjoin him or them from so doing and/or to recover
damages _ for such violations .
•
( 27 ) Invalidation of any one of these covenants , conditions ,
restrictions or reservations by judgment , court order or
statutory provision shall in no way affect any of the other
provisions which shall remain in full force and effect .
•
( 28 ) No waiver of a . breach of any of the covenants ,
conditions , restrictions , or reservations herein contained shall
be construed to be a waiver of any other breach of the same , or
other covenants , conditions , restrictions or reservations ; nor
shall failure to enforce any one of such covenants , conditions ,
restrictions or reservations , either by forfeiture or otherwise ,
be construed as a waiver of any other covenant , condition ,
restriction or reservation .
( 29 ) The aforementioned Land Association reserves the right
to modify or cancel any or all of these covenants , conditions ,
restrictions , or reservations , if , - in her judgment , the
development or lack of development . of the the Subdivision makes
the course necessary or advisable .
( 30 ) Should any mortgage be foreclosed on the above
described property , then the title acquired through such
foreclosure and the person or persons who thereupon and
AVELLI & SELDFN thereafter become the owner or owners , thereof , shall be subject
TTORNEVS AT LAW to and bound by all the covenants , conditions , restrictions and
reservations .
)5 N. T1OGA STREET
C. O. BOX 695
.CA, NEW YORK 14950 ( 31 ) Inasmuch as certain of the covenants , conditions ,
1607) 273-8410 restrictions and reservations herein contained may be construed
1607) 273-3900
w
T
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) ss . :
On this day of , Nineteen Hundred and
, before me , the subscriber , personally
appeared , MARGE HOVANEC , to me personally known and known to me
to be the same person described in , who executed the within
Instrument , and she duly acknowledged to me that she executed the
same .
NOTARY PUBLIC
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TAVELLI & SELDIN
ATTORNEYS AT LAW
405 N. ?TOGA STREET
P. O. BOX 695
HACA. NEW YORK 14850
1607) 273-8410
16071 273-3900
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