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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 3 070 2 Public Hearing 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 . as 2 Town Board Meeting 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 ( ♦ ".: f' . . 51, 3 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 . -, a 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 : • .5=7„5" 5 Town Board Meeting 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 • 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 1 d ;?J' 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 . I j ■ ti71.9. • 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 • 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 ' • I • ! : +`•; restrictive covenants `, for :' adjacent . l a n d s . the . Town of Danby , : . . , • • and • I WHEREAS , . the . owners of ' .`lots , in Old Town ' Village Residential • 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 • ( 1 ) , Regulations , numbered . " 2 " , • tt4tt , 1151t , " 8 " " 9 " , . tt14tt , : . . " 15 and . " 24 " will be modified as hereinafter set forth at ' • : length . • } ( " 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 . . " • • f8 . . . ., . _ 1/2\ 1 . . . mijkaaNSS ---- . S r.. " 3 .p , ' 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 e . , • 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.---...------____ - .. +. 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 . • ami -e,� 99`7 azc r. 3 . , R . 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 - 2 - 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 • I ' . , . - 3 - 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 • • a S. - 4 - ( 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 • - 5 _ ( 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 • • • • TAVELLI & SELDIN ATTORNEYS AT LAW 405 N. ?TOGA STREET P. O. BOX 695 HACA. NEW YORK 14850 1607) 273-8410 16071 273-3900 /I/