HomeMy WebLinkAboutTB Minutes 1986-05-23 TOWN OF ITHACA
SPECIAL BOARD MEETING
May 23 , 1986
At a Special Meeting of the Town Board of the Town of Ithaca ,
Tompkins County , New York , held at the Town Offices at 126 East
Seneca Street , Ithaca , New York , at 12 : 00 noon , on the 23rd day of
May , 1986 , there were :
• PRESENT : Noel Desch , Supervisor
Henry McPeak , Councilman
Shirley Raffensperger , Councilwoman
Gloria Howell , Councilwoman
Robert Bartholf , Councilman
Patricia Leary , Councilwoman
ABSENT : Marc Cramer , Councilman
ALSO PRESENT : Lawrence Fabbroni , Town Engineer
Lewis D . Cartee , Town Building Inspector/ Zoning
Officer
John Barney , Town Attorney
Ivar Jonson , 934 East Shore Drive
Jerold Weisburd , Conmonlands
Alan Wood , Inlet Valley Coop ,
Harry Hamilton , Attorney
PLEDGE OF ALLEGIANCE
The Supervisor led the assemblage in the Pledge of Allegiance .
ADDITIONAL TOWN BOARD AGENDA ITEMS
Supervisor Desch noted that three additional items had been added
to the agenda . The Supervisor stated that Town Attorney John
Barney had suggested that the Town Board set a date for a public
hearing to amend the Zoning Ordinance on the procedures to
establish a mixed use zone . Also , the Board needs to approve the
advertisement for a Parks and Open Space Manager and an executive
session will be necessary .
ADVERTISEMENT FOR PARKS & OPEN SPACE MANAGER
RESOLUTION N0 .
Motion by Councilman McPeak ; seconded by Councilwoman Leary ,
• RESOLVED , that the Town Board of the Town of Ithaca hereby
authorize the placement , in the newspaper , of the following
advertisement for a Parks & Open Space Manager :
PARKS & OPEN SPACE MANAGER - to manage park and trail work program
including park planning , maintenance , budgeting , construction
management . Assist in office comprehensive planning efforts for
natural resources , open space management , wetlands management ,
water resources , reforestation and special planning assignments .
Staff and supervise temporary work programs . Bachelor ' s Degree in
Forestry , Landscape Architecture , Natural Resources or related
Town Board 2 May 23 , 1986
field with four years experience in park planning construction and
design . Graduate work may be substituted for two years experience .
Basic knowledge of construction equipment and maintenance a must .
Applicants note - there is a strong in-house candidate . Salary
range $ 14 , 000 - $ 21 , 000 .
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none ) .
PARTIAL RELEASE OF COMMONLANDS LETTER OF CREDIT
Supervisor Desch stated that Mr . Weisburd had completed the
required work and the Tawas Engineer recommends that a reduction in
• the Letter of Credit is appropriate .
Mr . Weiburd stated that he had some questions on the list of
remaining items , however , he was happy to accept the resolution as
proposed .
Mr . Alan Wood , Inlet Valley Cooperative , stated that he thought the
Town might be in jeopardy in releasing this money , because of the
pending action by the Attorney General , who may shut down or take
Commonlands .
Town Supervisor Desch responded that the reduction in the Letter of
Credit is a reflection of the work already completed . He went on
to say that , therefore , it was appropriate for the Board to reduce
the Letter of Credit .
Councilwoman Raffensperger added , as long as Mr . Weisburd has
completed the work required to be completed for a reduction in the
Letter of Credit , we cannot jeopardize this reduction .
RESOLUTION NO .
Motion by Councilwoman Howell ; seconded by Councilwoman
Raffensperger ,
WHEREAS , Jerold Weisburd had requested release of security for
phases of Commonland Community completed to date , and
WHEREAS , the Town Engineer , after reviewing the site completion
with the Town Planner and Town Building Inspector , has met with Mr .
Weisburd and tentatively agreed to the following list of incomplete
items and retainage values :
Finished grading and seeding of playfield $ 500900
Bank grading and landscaping north of playfield $ 500 . 00
Drainageway ( stoned) south of driveway , south of pond $ 500 . 00
Restabilization of bank above entrance road $ 500 . 00
Completion of roof drainage and footer drain systems
to protect structual woodwork and maintain
stable drainage system to protect column
support system $ 11000400
• Completion of drainage details along City reservoir
property line to eliminate erosion around
buildings and completely seed bared areas $ 11000600
General drainage under and around completed
buildings $ 500 . 00
Placement of property pipes to delineate highway
boundaries dedicated or to be dedicated to
the Town (Abbey Road , Lois Lane , and a
portion of Penny Lane ) $ 500 . 00
TOTAL $5 , 000 . 00
Town Board 3 May 23 , 1986
NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of
Ithaca , that the security pursuant to paragraph 3B of the Escrow
Agreement dated September 6 , 1983 , entered into between Housecr_ aft
Builders , Inc . , Jerold M . Weisburd , and the Town of Ithaca , be
adjusted to $ 5 , 000 . 00
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none ) .
Mr . Weisburd stated that the bank may require a letter from the
Town releasing the funds .
Supervisor Desch responded that he would write a letter for the
bank .
• Supervisor Desch went on to say that because of the relationship of
Inlet Valley Cooperative and Commonlands , the Town may need to take
the approach of considering putting conditions on future Building
Permits or Certificates of Occupancy on the Ccmmonlands project .
This will be decided after a meeting with Mr . Weisburd and his
attorney .
Mr . Wood responded that he felt that some action by the Town would
be very appropriate until everything involved with Inlet Valley is
resolved . He again noted that the Attorney General can take action
against Commonlands .
Mr . Weisburd responded that the Town should not take action on
heresay . Mr . Weisburd went on to say that he knew of no action the
Attorney General can take against Canmonlands or any of the present
owners .
APPROVAL OF COVENANTS FOR GRANDVIEW SUBDIVISION
Supervisor Desch noted that one building permit had been issued on
April 14 , 1986 for Lot # 2 . He then asked Mr . Jonson , why he had
poured two concrete foundations without building permits ?
Ivar Jonson , developer of the Grandview Subdivision spoke to the
Town Board stating that he had been pranised two building permits ,
so we got started . Mr . Jonson went on , saying that Lew Cartee had
called him and told him he could not get the building permits .
Then on Wednesday Mr . Cartee called and said everything was okay
and that he could get the two permits . Then Thursday morning , Lew
called and talked to his mother , who Mr . Jonson said does not speak
English . Then Lew came up to the job site and said we couldn ' t
have the building permits .
Supervisor Desch asked Mr . Cartee what he had approved?
Lewis Cartee , Building Inspector/ Zoning Officer responded , a few
day prior to inspecting the house under construction , I was on the
job site . Ivar said let ' s take a walk . I advised him he could not
dig any foundations . Mr . Cartee went on to say that on Wednesday
evening he issued two building permits and called Mr . Jonson to
tell him. Then on Thursday morning they were not approved so I
told Ivar ' s mother that the permits were not to be issued . On
Monday I went to the job site and found footers for one house had
been poured on Friday and one had been poured that day .
Mr . Jonson stated that he was confused . He stated that as long as
Lew had checked the property line when he was up there he felt it
was okay to start pouring . Mr . Jonson stated that fran now on , he
would have the mason call Lew and never pour again without an
inspection .
Town Board 4 May 23 , 1986
Supervisor Desch asked Mr . Jonson if he was prepared to write the
Town a letter stating the footers were poured ' without 'Tbwn
inspection?
Mr . Jonson asked if the Town could note on the Certificate of
Occupancy that the footers were not inspected .
The Town Board then reviewed the Deed Restrictions on Two-Family
Lots and Single-Family Lots for Grandview Subdivision , questioning
provisions included in the Single-Family Lots .
RESTRICTIONS ON SINGLE-FAMILY LOTS
• DEED RESTRICTIONS
GRANDVIEW SUBDIVISION
OF
IVAR R . & JANET B . JONSON
LO'T'S : 11 3 through 9 , 26 , 27 , 28 , 37 , 38 , 39 & 40
1 . Any alteration , amendment , or cancellation of these
restrictions must be approved by the Town of Ithaca Planning Board .
2 . No fence of any kind will be placed on the road frontage .
3 . No plantings will be made on said premises more than 20
feet in height .
4 . Only a single-family have will be built on said lot
hereby conveyed , and no accessory apartment will be placed therein
or thereon . Any structure erected on the premises shall be
occupied by only one family . For this purpose , a " family" shall be
( a) an individual , or (b) two or more persons related by blood ,
marriage or legal adoption , or ( c ) up to three unrealted persons .
5 . Any of these restrictive covenants may be modified at any
time with ( a ) the consent of all landowners owning property whose
title is derived from Ivar Jonson within a 300 foot radius of the
lot for which modification is sought and ( b) the approval of the
Town of Ithaca Planning Board .
These restrictions will be in your deed .
Councilwoman Raffensperger questioned number 4 on the "Restrictions
of Two-Family Lots " : 4 . Any change in the exterior of any
dwelling unit which would enlarge the square footage of the
building on the lot by more than 25 % shall not be constructed
unless the site plan is approved by the Town of Ithaca Planning
Board . Mrs . Raffensperger noted that the Planning Board had
discussed the width of the structure at great lengths at the
February Planning Board meeting and had decided that any increase
of the building size on the lot shall not be constructed unless the
site plan is approve by the Planning Board .
• Councilwoman Raffensperger noted number 3 on the "Restrictions of
Single-Family Lots " : 3 . No plantings will be made on the premises
more than 20 feet in height . Mrs . Raffensperger noted that there
was a whole history of how this came about , siting the need to
restrict the eventual size of the plantings several years from now .
Supervisor Desch questioned the construction of the road connecting
to Slaterville Road ,
Town Engineer Fabbroni responded that subject to receiving a permit
from DOT , the target date for the road is June 13 .
Town Board 5 May 23 , 1986
Ivan Jonson stated that the sewer was in , we have started the water
line . However , the main gas line to the City is only three feet
deep and must be dropped down . NYSEG is scheduled to lower the gas
line in three weeks . Mr . Jonson went on to say that as far as he
was concerned , you will be able to drive out to Route 79 in three
weeks , what NYSEG does is something else . He went on to say that ,
however , as he saw it , it is a matter of three weeks and all of the
noise will be over .
Councilwoman Raffensperger questioned Mr . Jonson , you are saying
that the road from Honness Lane to Slaterville Road will be
completed by June 13 ?
Mr . Jonson responded , yes .
• Councilwoman Raffensperger asked Mr . Jonson if he had made all
necessary arrangement with NYSEG and paid the required fees ?
Mr . Jonson responded , have made arrangements but have not paid the
fees .
Mr . Hamilton , Attorney for Ivar Jonson , noted that in Section 5 of
the Agreement it states that a copy of the map shall be filed on or
before September 1 , 1986 . He stated that the map was filed on
March 7 , 1986 , Vault No . 10 , Slot B .
Councilwoman Raffensperger questioned No . 4 in the Agreement - "The
Town , at the discretion of the Town Engineer with the approval of
the Town Supervisor may reduce the amount of the bond or letter of
credit provided for security hereunder as the work progresses and
in accordance with the schedule annexed hereto . " Councilwoman
Raffensperger asked why it was not the discretion of the Town
Board?
Town Attorney Barney responded because of administration . This
will be an ongoing process which would make it necessary to come
back to the Town Board everytime there was a reduction . However ,
if the Town Board wants to be involved , that ' s okay .
Mr . Jonson remarked , when I pay the subcontractor $56 , 000 . 00 then I
will bring in my cancelled check and show Larry .
Town Engineer Fabbroni reminded the Board they had already passed
the resolution with a schedule for the reduction of the security
which leaves more money than will be needed to finish the project .
Supervisor Desch stated that if any Board member has a question on
the agreement to please let him know . He then asked Town Attorney
Barney and Town Engineer Fabbroni to incorporate the Boards
suggestions into the Agreement .
Town Engineer Fabbroni remarked that there was one dangling point ,
the DOT permit . Do you want security deposit to cover that point?
Councilwoman Raffensperger asked if there was a need to ask the
• Planning Board to revise their conditions ?
Town Engineer Fabbroni added that $ 15 , 000 would secure the
construction of the Route 79 intersection .
Supervisor Desch asked if this could not be written into the
agreement?
Town Engineer Fabbroni asked the Board if they would accept
something from DOT stating that they will eventually issue the
permit?
Town Board 6 May 23 , 1986
Supervisor Desch asked how many building permits should be issued
prior to DOT issuing the permit?
Town Engineer Fabbroni remarked that there was no question that DOT
would not issue the permit but don ' t know how it will effect the
June 13 date . He went on to say that he did not think it would
effect the date but there could be a hassel down by Route 79 with
gravel getting into DOT ' s right-of-way .
Supervisor Desch asked Mr . Jonson what was the time schedule with
the Planning Board on permits .
Mr . Jonson responded that he was going to ask the Planning Board
Tuesday for four more permits .
• Supervisor Desch responded that he had a major problem with more
than two permits until it is certain the road permit will be
issued .
Councilwoman Raffensperger added that the Planning Board put in the
Route 79 intersection condition to guarantee the road would be
constructed . She went on to say that perhaps the Planning Board
could be asked if they would consider modifying the requirements .
Supervisor Desch questioned , a variance to issue two permits ?
Councilwoman Raffensperger answered , yes .
Supervisor Desch remarked that this would mean that no further
building permits would be issued until we hear from the Planning
Board , therefore , any further construction will need a variance or
waiver from the Plannning Board ,
Ivar Jonson stated that he would proceed to get the permit from
DOT . Adding that the construction season is only six months and he
cannot afford to sit around and wait .
Town Attorney John Barney added , to go beyond two building permits
you will have to go to the Planning Board and explain your
situation and ask for a variance .
Councilwoman Raffensperger added , this includes the commitment to
build the gravel road .
Supervisor Desch asked the Board if they were prepared to act on
the covenants or postpone until a later Board meeting .
RESOLUTION N0 .
Motion by Councilman McPeak , seconded by Councilwoman
Raffensperger ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approve
the following revised Restrictions on Single-Family Lots and
Two-Family Lots :
•
RESTRICTIONS ON SINGLE-FAMILY LOTS
DEED RESTRICTIONS
GRANDVIEW SUBDIVISION
OF
IVAR R . & JANET B . JONSON
TATS : 1 , 3 through 9 , 26 , 27 , 28 , 37 , 381P 39 & 40
Town Board 7 May 23 , 1986
1 . Any alteration , amendment , or cancellation of these
restrictions must be approved by the Town of Ithaca Planning Board .
2 . No fence of any kind will be placed on the road frontage .
3 . No plantings will be allowed on said premises which will
exceed 25 feet in height before March 5 , 2006 .
4 . Only a single- family ham will be built on said lot
hereby conveyed , and no accessory apartment will be placed therein
or thereon . Any structure erected on the premises shall be
occupied by only one family . For this purpose , a " family " shall be
( a ) an individual , or (b) two or more persons related by blood ,
marriage or legal adoption , or (c ) up to three unrelated persons .
• 5 . Any of these restrictive covenants may be modified at any
time with ( a) the consent of all landowners owning property whose
title is derived from Ivar Jonson within a 300 foot radius of the
lot for which modification is sought and (b) the approval of the
Town of Ithaca Planning Board .
These restrictions will be in your deed .
RESTRICTIONS ON TWO-FAMILY LOTS
DEED RESTRICTIONS
GRANDVIEW SUBDIVISION
OF
IVAR R . & JANET B . JONSON
All lots EXCEPT 1 , 3 through 9 , 26 , 27 , 28 , 37 , 38 , 39 & 40
Only an attached dwelling unit will be constructed on the lot
hereby conveyed .
1 . Any alteration , amendment or cancellation of these
restrictions must be approved by the Town of Ithaca Planning Board .
2 . No fence of any kind will be placed on the road frontage .
3 . No plantings will be made on said premises whose height
will before March 5 , 2006 exceed 25 feet .
4 . Any change which would increase the width of the building
on the lot shall not be constructed unless the site plan is
approved by the Town of Ithaca Planning Board . Any other change in
the exterior of any dwelling unit which would enlarge the ground
coverage of the building on the lot by more than 25 % shall not be
constructed unless the site plan is approved by the Town of Ithaca
Planning Board .
5 . No accessory structure will be permitted without
compliance with the requirements of an R15 District and without the
• approval of the Planning Board of the site plan showing the
location and size of the accessory building . No site plan approval
shall be required for one accessory building no larger than 120
square feet located in the rear yard of the lot .
6 . No construction , establishment or building of any
permanent barrier , hedgerow , shrubbery of fence will be permitted
to distinguish , differentiate or divide the front yards of the two
dwelling units .
__ I
Town Board 8 May 23 , 1986
7 . The builder will establish colors of paint which must be
substantially matched by any owner and may not be changed without
the written permission of owners of lands in said subdivision
within 200 feet of said lot lines . Both sides of any duplex shall
be the same color .
8 . No woodburning , coal burning , or free standing stove will
be permitted in any dwelling unit .
9 . Each owner of any unit having a common wall shall have
the right to enter upon the premises of the other at reasonable
times and upon reasonable notice for the purpose of maintaining ,
repairing , constructing , and/or reconstructing , improvements on his
• own premises , including landscaping , gardening , and drainage of
surface water .
10 . No dwelling unit may be occupied by more than one family .
For this purpose " family" shall be ( a) one individual and (b) two
or more persons related by blood , marriage or legal adoption , or
(c) no more than two unrelated persons .
11 . No accessory apartment will be placed in any unit .
12 . Any of these restrictive covenants may be modified at any
time with ( a ) the consent of all landowners owning property whose
title is derived from Ivan Jonson within a 300 foot radius of the
lot for which modification is sought and (b) the approval of the
Town of Ithaca Planning Board .
139 These covenants may be enforced by any landowner in the
subdivision and/or by the Town of Ithaca . The Town , however , shall
not have any legal obligation to other landowners to enforce same .
These restrictions will be in your deed .
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none ) .
Supervisor Desch referring to the two foundations that were poured
without inspection , stated that he preferred the notation of this
fact be a condition of the deed on file in the County Clerks
Office . He then asked the Town Attorney to work with Harry
Hamilton , Mr . Jonson ' s attorney to make sure this is included in
the deed .
Town Building Inspector Cartee remarked that there could be a
statement on the Certificate of Occupancy noting that the
foundations had not been inspected .
RESOLUTION NO .
Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger ,
• RESOLVED , by the Town Board of the Town of Ithaca that no further
building permits will to issued to Ivar Jonson , Grandview
Subdivison until a letter of credit has been posted and signed by
Mr . Jonson .
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none ) .
Ivar Jonson remarked that he would be able to obtain two permits
when the letter of credit has been executed , then four more when
the permit is issued by DOT .
Town Board 9 May 23 , 1986
Supervisor Desch added that if the process is such that the work on
the road can be completed between June 6 and June 13th , then the
Board will know on June 9th that the permit is forthcoming from
DOT .
Mr . Jonson questioned , then I can cane back on the 9th of June ?
Supervisor Desch responded , yes .
SET DATE FOR PUBLIC HEARING TO AMEND LOCAL LAW # 2 - 1984
Town Attorney John Barney stated that presently Article IX of the
Zoning Ordinance requires site plan approval to be first submitted
• to the Planning Board . However , Local Law # 2 - 1984 , relating to
limited mixed use districts provides that "No application for the
establishment of any such district shall be referred to the
Planning Board except by the Town Board . " Technically , an
applicant has no place to make his initial application .
RESOLUTION NO .
Motion by Supervisor Desch ; seconded by Councilman McPeak ,
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 7 : 30 P .M . , on June 9 , 1986 to consider
an amendment to Local Law # 2 - 1984 .
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none ) .
EXECUTIVE SESSION
RESOLUTION NO .
Motion by Supervisor Desch , seconded by Councilwoman Raffensperger ,
RESOLVED , that the Town Board of the Town of Ithaca hereby moves
into Executive Session to discuss a personnel matter .
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none ) .
RESOLUTION NO .
Motion by Supervisor Desch ; seconded by Councilwoman Howell ,
RESOLVED , that the Town Board of the Town of Ithaca hereby moves
back into regular session .
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - none ) .
RESOLUTION NO .
Motion by Supervisor Desch ; seconded by Councilwoman Howell ,
WHEREAS , for reasons , one of which is the heavy work load of the
Town staff and the building activities , and
WHEREAS , it appears to be in the best interest of the Town of
Ithaca to reorganize the functions of the Building Inspector/ Zoning
Officer ,
Town Board 10 May 23 , 1986
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca modifies the Building Inspector/ Zoning Officer function to
report directly to the Town Board , effective innediatelyo
(Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye , Nays - none ) o
ADJOURTIl`=
The meeting was duly adjourned at 1017 P <M ,
•
Town Clerk
•