HomeMy WebLinkAboutLL 04 of 2001 Amend LL 1 of 1995 to Expand EcoVillage SLUD.pdfTown Board Meeting 9/10/01
Agenda Item No. 10
LOCAL LAW NO.OF THE YEAR 2001
A LOCAL LAW AMENDING THE ZONING ORDINANCE AND LOCAL LAW
NO.1 OF THE YEAR 1995 TO EXPAND THE GEOGRAPHICAL AREA OF
SPECIAL LAND USE DISTRICT NO. 8 (LIMITED MIXED USE-ECOVILLAGE)
AND TO AMEND THE ZONING PROVISIONS APPLICABLE TO SUCH
SPECIAL LAND USE DISTRICT
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Section 1.Findings.
A. The Town Board of the Town of Ithaca adopted Local Law No. 1 of the year 1995 to
rezone certain lands as Special Land Use District No. 8 for the purposes stated in said
local law which included the development of approximately 34 acres, then owned by
Ecovillage at Ithaca, Inc. in an environmentally sensitive manner as set forth in said local
law;and
B. In accordancewith suchlocal law, EcovillageCo-housingCooperative,Inc.developed a
number of residences and related facilities in furtherance of the goals and objectives of
Ecovillage at Ithaca,Inc.and in accordance with the purposes of said local law;and ^
3. A Second Neighborhood Group is now being formed under the laws of the State of New />
York, to complement the Ecovillage Co-housing Cooperative (also known as "First
Residents Group") for the purposes of developing and constructing additionalresidences
on other property owned by Ecovillage of Ithaca, Inc.; and
4. It is deemeddesirablenow,with theconsentof the Second Neighborhood Groupand
upon the application of Ecovillage of Ithaca, Inc. to enlarge the area originallyrezoned to
encompassvirtuallyall of the propertyownedbyEcovillage Co-housingCooperative,
Inc. and Ecovillage of Ithaca, Inc. except for a 200 foot deep strip along the west side of
West Haven Road which is intended to remain zoned R-15;and
5. Suchrezoningwill,in accordance withtheTown's ComprehensivePlan,foster:
1.Conservationof up to 80% of the 176 acresof land originallyownedby
Ecovillage at Ithaca, Inc. for agriculture,open space,woods and wetlands.
2. Development of approximately 150 residences using passive solar and other
environmentally benign techniques, in up to 5 "cohousing" styleneighborhoods
with a village center providing village-wide services.
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^1.Development of residential areas planned to:
(a)contribute tothe variety of housing styles and patterns of development
available in the Town;
(b)develop and model neighborhood designs for pedestrians,with minimal
traffic,attractive landscaping,andsafeplayareasfor children;
(c)utilize clustering to create an aesthetic,quiet and safe neighborhood space
to help foster asenseof community bothwithinthe neighborhood clusters
and within the Village as a whole.
(d)utilize interior acreage for housing,which will allow preservation ofbetter
agricultural soils,avoid strip-type residential development along
roadways,createasafer environment,preserve existingrural character and
existing views along roadways;
(e)demonstrate themannerin which housingmaybe developed toconserve
energyand water, by utilizingpassivesolar designs,super-insulation,
careful landscaping for wind protection and low-flow water devices;
(f)demonstrate how housing may be developed which conserves energy by
buildingsmaller individual dwellings and concentrating otherwise-
duplicated,energy-consuming spacesinto a communitycenteror
'"conmion house";
(g) demonstratehow meaningful openspacemaybe preservedin conjunction
with construction of new housing at ordinarily-permitted densities.
4.Investigation of sustainable agricultural techniques through the development of
orchards,gardens,aquaculture,andotherprojects.
5. Incorporation of leading edge technologiesto demonstrate wise use of
diminishing resources,the reduction or elimination of wastes,and minimal use of
expensive infrastructure systems.
6. Significant reduction in vehicle numbers and travel by facilitating resident on-site
self employment.
7.Building an education and research facility which serves all ages,emphasizing
sustainabledevelopmentissuesin its programsandcontinuingto welcomelocal,
national and international access.
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Section 2.Purpose.It is the purposeand intentof thislocal law to allow, byexpansionof the
Special Land Use District, increased opportunities for the implementation of the foregoinggoals
and objectives in an environmentally and ecologically sound manner.-^^
Section 3.Amendment of Local Law No. 1 of the Year 1995.Local Law No. 1for the year
1995,is hereby amended as follows:
1. Section 3, Paragraph B, entitled "Principal Use Regulations",is amended by deleting
the introductory paragraph and inserting the following:
"B.Principal Use Regulations.In Special Land Use District No. 8 (the "SLUD")the
following areas, as shown on document "EcoVillage Site Usage Areas 1998" on file with
the Town of Ithaca Planning Department,are defined with their permitted uses:
1.Natural Area:
This area is a permanently preserved natural, open space with the following
permitted uses: forest, natural succession, forest management including logging in
accordance with good forest management practices,no more than one retreat
cabin not exceeding 500 square feet in floor area (unless up to two additional
cabins are authorized by the Planning Board),outdoor areas for aquaculture,
constructed wetland or other water cleansing demonstration projects,an auxiliary
utility building,gardens,walking trails, and other similar non-intrusive types of
uses.Structures otherthanrelatedtotheaboveareprohibitedin the Natural area./
For the purpose of this local law,aquaculture means use of ponds for agricultural
production to demonstrate how natural ecosystems can produce edible plants, fish /)
and other aquatic species for domestic non-commercisd consumption.
n.Agricultural area:
Permitted uses shall include all principal and accessory agricultural uses (except
residential uses) set forth below,except as the same may be limited by other
restrictions placed upon the land by Ecovillage of Ithaca,Inc. or others.
in.Residential Area:This area will be allowed to contain up to 150 dwelling units in
up to five neighborhoods.Each neighborhood shall consist of a minimum parcel
of five areas of land.Subdivisions of land (as defined in the Town's Subdivision
Regulations)whether for sale, lease or other transfer shall be permitted only
within the SLUD area designated as "Residential."In the Residential Area no
building shall be erected or extended and no land or building or part thereof shall
be used for other than any of the following purposes:"
2.Section 3,Paragraph B,entitled "Principal Use Regulations",is amended by adding a
new subparagraph 3 reading as follows and renumbering former subparagraphs 3 through 11 to
be subparagraphs 4 through 12:
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"3. A multi-family dwelling.Each dwelling unitin a multiple residence shallbe
occupied by no more than
(a) One family or
(b) Onefamilyplus no more than twoboarders,roomers, lodgersor other
occupants."
3. Section3,ParagraphB, entitled"PrincipalUseRegulations",subparagraph 4
(formerly subparagraph 3) is amended to read as follows:
"4. Up to 5 community centers, also known as "common houses" which may house
recreation, meeting, and dining space,children's playrooms, kitchen facilities,
common laundry facilities, and other accessory uses permitted in this Special
LandUse Districtand/orother communityspace, compatible withits purposeof
being an extensionof residentshomesprovided,however, that thecommunity
center is to be used primarily by the residents of the dwellings located within this
Special Land Use District. At least one, but no more than one,community center
shall be constructed for each thirty residences, unless the Planning Board issues a
waiver of this requirement or limitation in the process of site plan review for good
cause shown."
^3a. Section 3, Paragraph B, entitled "Principal Use Regulations", subparagraph6
(formerly subparagraph 5),opening paragraph,is amended to read as follows:
"6. Garden, nursery, of farm, except there shall be no hog farm where the principal
food is garbage and there shall be no commercial raising or sale of livestock or
fish. Sale of other farm and nursery products shall be subject to the provisions of
Section 18,Subdivision 7 or the Ordinance. Usual farm buildings are permitted,
provided that:..."
4. Section 3, Paragraph C, entitled "Accessory Uses",subparagraph 3, subsubparagraph
(g) is amended by changing the number "200"to "300".
5. Section 3, Paragraph C, entitled "Accessorv Uses",subparagraph 3, subsubparagraph
(h) is amended to read as follows:
(1) "(h) The total number of offices or occupations set forth in paragraphs 1
and 2 located an5where in this Special Land Use District,whether in
common houses or in residences,shall not in the aggregate exceed the
number of dwelling units.(I.e.,there shall be no more home occupations
or professional offices authorized within the Special land Use District than
if the property were in a residence district R30)."
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6.Section 3,Paragraph D,entitled "Manner of Land Ownership",is amended by ^
changing the period at the end of subparagraph 3 to a semi-colon and adding the word "and",and -^^
by inserting two new subparagraphs to be numbered 4 and 5 reading as follows:
"4.Common land,facilities and infrastructure (roadways,water and sewer lines and
other infrastructure)may be owned by a separate corporation controlled by the
residents of all EcoVillage neighborhoods.
5. Open land with or without building structures may be owned by the non-profit
EcoVillage at Ithaca,Inc."
7.Section 3,Paragraphs E,entitled "Density Limitations",and Paragraph F entitled
"Yard Regulations"are amended to read as follows:
"E.Density Limitations.There shall be no more than 150 dwelling units constructed
within this Special Land Use District.There shall be a maximum of 30 dwelling units per
neighborhood unless otherwise authorized by the Planning Board.For eyery 6 dwelling units,a
minimum of one acre of land will be designated as part of the neighborhood footprint,as defined
in the approyed site plan.
F.Yard Regulations.The minimum distance between buildings shall be in compliance
with the New York State Building Code,except in the case of multifamily dwellings in which ^*
case the distance between any two buildings shall be no less than the height of the two buildings
when ayeraged together,or twenty feet,whicheyer is greater."/>
8.Section 3,Paragraph H,entitled "Lot Coyerase".is amended by adding at the end the
phrase:"or more than 50%of each neighborhood footprint."
9.Section 3,Paragraph I,entitled "Parking",third line, is amended by deleting the word
"two"and inserting the words "one and one-half*.
10.Section 3 is amended by adding two new paragraphs as Paragraphs J and K reading
as follows and relettering former Paragraphs J through U to be Paragraphs L through W:
"J. Size Limitations.The maximum square footage for any dwelling unit shall not
exceed 2000 square feet.Howeyer,these units may be attached in a duplex or townhouse
configuration or as stacked units.
K.Buffer Zones. No buildings or structures shall be located within 50 feet of the
boundaries of the Special Land Use District. In addition, no buildings or structures shall be
located within a 25 foot buffer zone surrounding each neighborhood footprint, except for
structures that are established for the joint benefit of contiguous neighborhoods."_
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^11.Section 3,Paragraph L (formerly Paragraph J),entitled "Building Permits and Site
Plan Approval",subparagraph 1,is amended by inserting a newsecond sentence reading as
follows:
"Each neighborhood's site plan shall show exact locations and dimensions of proposed
buildings."
12.Section 3,Paragraph M (formerly Paragraph K),entitled "Primary Ingress and
Egressto theSpecial LandUseDistrict",subparagraph 1,the openingparagraphof subparagraph
2 and subsubparagraph (a)of subparagraph 2 are all amended to read as follows:
"M.Primary Ingress and Egress to the Special Land Use District.
1.No building permits shall be issued for construction of any structures within the
Special Land Use District unless the following exist at the time of the issuance of
such permit to assure adequate ingress and egress to the property:
(a) A primary access road from Mecklenburg Road is legally ayailable to all
current and potential future residents,constructed,and maintained to the extent of
proyiding,in the opinion of both the Town Engineer and Town Highway
Superintendent,a useable,seryiceable roadway for ingress and egress of
residential,emergency and seryice yehicles,to all dwellings and community
>buildings in the Special Land Use District as shown on the final site plan.
'(b)Suitable proyisions to assure continuing legal access and continuing
maintenance of the road to a standard which will allow unimpeded passage of
emergency yehicles at all times and in all seasons.
(c) A sign posted at the intersection of the priyate road and Route 79 indicating
that the road is not a Town road.
2. No certificates of occupancy shall be issued, and no permits for construction of
more than ten dwelling units for any new neighborhood cluster within the Special
Land Use District shall be issued,unless and until
(a)The road referred to aboye, plus any additional road necessary to proyide fire
and emergency protection for the new neighborhood cluster,has been completed
in accordance with the applicable Town of Ithaca highway specifications in effect
at the time immediately prior to the issuance of the first building permit for any
such structure,except that if the Town of Ithaca highway specifications require
paying of the road,paying may be omitted,and except that as to spur roads
serying indiyidual neighborhood groups from the main road (Rachel Carson Way)
the Planning Board may waiye the application of any part of the Town Highway
specifications
(i) If it determines that full compliance with such specifications is not
necessary to provide adequate traffic circulation;
(ii) If it determines that such waivers will not prevent the normal and
reasonable access in all seasons of fire and medical emergency vehicles;
and
(iii) The Town HighwaySuperintendent and the Town Engineer
recommend such waiver,and"
13.Section 3, Paragraph N (formerly Paragraph L),entitled "Secondary Ingress and
Egress to the Special Land Use District",is amended to read as follows:
"L. Secondarv Ingress andEgressto theSpecialLandUseDistrict. Nobuildingpermits
andno certificates of occupancy shallbeissuedforany buildings constructed in the Special Land
Use District unless there is in existence at the time of such issuance
1.A secondary access road from West Haven Road with a surface at least 10 feet
wideovera stripoflandatleast30feetwide legally available to emergency fire,
rescue,and medical vehicles (in fee or by easement),constructed,and maintained
to the extent of providing,in the opinion of both theTown EngineerandTown /
Highway Superintendent,auseable,serviceable emergency roadway foringress
andegressof residential,emergency and service vehicles,toapoint where itjoins •'
the primary access roadatapointno further than 1200 feetfromany dwelling unit
and community center proposed tobe constructed asshownonthe final siteplan.
The surface need not be asphalt provided that the surface constructed is, in the
opinion of theTownEngineerand theTownHighway Superintendent,sufficient
to provide year round access for emergency vehicles.
2. Suitable provisions to assurecontinuous rights of access and continous
maintenance of theroadtoa standard which will allow unimpeded passage of
emergency vehicles at all times and in all seasons."
14. Section 3, Paragraph O (formerlyParagraph M), entitled "Elimination of Cul-de-
Sacs",is amended by changing its title to "Limitation of Cul-de-Sacs"andby changing it to read
as follows:
"O.Limitation of Cul-de-Sacs.No cul-de-sac of greater than 1200 feet from a point
providingtwomeansof accessto andfrom publicroads (Mecklenburg Road
and/or West Haven Road)existing at the effective date of this local law shall be
constructed in the Special Land Use District."_
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15.Section 3,Paragraph Q (formerly Paragraph O),entitled "Maintenance of Open
Space",third line,is amended by adding after the words "housing corporation"the phrase "orthe
non-profit Ecovillage at Ithaca,Inc.,"
16.Section3,Paragraph S (formerly Paragraph Q),entitled "Ownership of Ingress and
EgressRoads", is amendedby addingat theend thereofa new sentencereadingas follows:
"Lotssubdividedwithinthe Residential areadonothaveto have frontage or minimumlot
widthon a public street,so longas accessand the necessary cross-easementsfor accessto
the primary EcoVillage road is guaranteed to the satisfaction of the Town."
17. Section 3, Paragraph T (formerlyParagraph R), entitled "Provision of Sewer
Facilities", opening paragraph,secondline,is amendedby addingafterthe words "more than ten
dwelling units"the phrase "per neighborhood cluster".
18. Section 3, ParagraphU (formerlyParagraphS), entitled"Provisionof Adequate
Water Facilities",is amended to read as follows:
"U. Provision of AdequateWater Facilities. No certificates of occupancy will be
issued, and nopermitsforconstructionof morethanten dwellingunitsper
neighborhood cluster within the Special Land Use District shall be issued,unless
>the following exist at the time of the issuance of such permit or certificate to
assure adequate water supply for the proposed development:
1.Water lines built by the developer at the developer's expense in
accordance with the requirements of all applicable governing authorities
and laws including the requirements of theTompkins County Health
Department,and applicable plumbing and building codes, as the same
pertain to a private water system;and
2. A pump station owned and maintained by the owner(s)or residents of the
Special Land Use District providing pumping capacity adequate, in the
reasonable judgment of the Town Engineer, the Town Planning Board, and
the Tompkins County Health Department, to provide sufficient flows of
water at the dwelling sites for domestic household use and at the common
houses for lavatory, kitchen, fire protection (unless other fire protection
mechanisms have been approved by the appropriate officials of the Town),
and any other proposed use requiring water.
3. A meter installed by the developer at the developer's expense at the point
on West Haven Road where said private line intersects the public main for
purposes of metering consumption within the Special Land Use District in
accordance with the Town of Ithaca,Southern Cayuga Lake Intermunicipal ^^
Water Commission, and any other municipal agency's requirements for
water supply purposes.-r ,
4. The developer may request a waiver from the requirements of one or more
of the paragraphs aboveto theextentof obtainingadditionalbuilding
permits earlier than would otherwise be permitted by applying for such a
waiver to the Planning Board. The Planning Board may, but is not
required to, authorizetheissuanceof more than ten building permits if the
Planning Board finds:
(a) The plansfor the waterline have been approvedby all applicable
agencies;
(b)Work has been commenced on the construction of the line and
station and is progressing with sufficient rapidity that it is
reasonable to expect that it will be completed before any
certificates of occupancy for any dwelling units are issued;
(c) It would be a substantial hardship to one or more individuals to
delay construction of more than 10 of dwelling units; and
(d)There is proof provided to the Town Engineer and Planning Board ^*
thatthereis adequatefinancialsupportavailableto the developerto
complete the line and associated facilities, such proof being in the
form of a dedicated escrow account,performance bond,letter of
credit, or other proof satisfactory and acceptable to the Town
Engineer, Attorney for the Town and the Planning Board; and
(e) The Town Engineer recommends granting the waiver.
If such a waiveris granted,thePlanningBoardmayimposesuch
reasonableconditionsupon the grant as it maydeemappropriateto assure
completion of the waterline and associatedfacilitiesin a timelyand
workmanlike manner."
19.Schedule Atosuch local law entitled "Description of Area Rezoned Special Land
Use District 8"is deleted andthe attached Schedule A entitled "Description ofArea Rezoned
Special LandUseDistrictNo.8 ~2001 Amendment"is inserted in its place.
Section 4. Invalidity. If any provision of this law is found invalid by any court of competent
jurisdiction,suchinvalidityshallnotaffectanyotherprovisionsof thislocallaw whichshall
remain in full force and effect.^
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Section 5.Effective Date.This local law shall take effect 10 days after publication as required
by law or upon filing with the Secretary of State of the State of New York,whichever is later.
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SCHEDULE A
Description of Area Rezoned Special Land Use District No. 8 - 2001 Amendment
All that tract or parcel of land situate in the Town of Ithaca,County of Tompkins,State of New
York,bounded and described as follows:
Beginning ata point in the centerline of Mecklenburg Road which point is approximately 225
feet westerlyfrom the intersection of suchcenterlinewith the centerlineextendedof West Haven
Road;thence southerly onaline parallel with and 225 feet westerly from the centerline of West
Haven Road a total distance of approximately 1282.15 feet to the northwesterly comer of lands
now or formerly of Robert A.and Elizabeth Hesson (L.603,P.564);thence S 1°48'31 E along
the westerly line of said lands of Hesson,passing through a point at the southwesterly comer of
said lands of Hesson and continuing a totd distance of 482.53 feet toa point located in the
centerline ofa creek;thence along the centerline of said creek,being also the northerly line of
lands now or formerly of Frank &Rose V.Flacco (L.548,P.9),the following six (6)courses
and distances:(1)N 76°25'16"W,a distance of 76.65 feet toapoint;(2)thence S 83°5r07"
W, a distanceof 185.05feet to apoint; (3)thenceS 87°57'22"W, adistanceof 106.21 feet to a
point;(4)thence N 40°30'59"W,a distance of 117.33 feet to a point;(5)thence N 8°36'54"W,
a distanceof 47.43 feet to a point; (6) thenceN 52° 59' 10"W, a distance of 119.59 feet to a
point being a northerly corner in said Flacco premises;thence S 3°49'6"Walong the westerly
line ofsaid lands of Flacco a total distance of716.89 feet to an iron pin located at the ^
southwesterly comer of said lands of Flacco;thence S 86°57'21"W,along a northerly line of
lands now or formerly of Donald F.&Genievieve W.Henry (L.737,P.141),a distance of 84.76
feet to an iron pin located ata northwesterly comer of said lands of Henry;thence S 6°49'6"E,
along a westerly line of premises of Helen DeOraff (L.310,P.15 &L.448,P.1027),a distance
of 1066.73 feet to an iron pin;thence S 87°37'09"W,along a northerly line of lands of
DeGraff,and continuing along the northerly line of lands now or formerly of Longhouse
Cooperative,Inc.(L.546,P.742),a total distance of 2072.73 feet to an iron pin located ata
comer of lands now or formerly of Longhouse Cooperative,Inc.(L.635,P 482 7L 635,P.492);
thence N 03°14'12"W,along the easterly line of said lands of Longhouse Cooperative,Inc.,"a
distance of 400.29 feet to an iron pin located at a northeasterly comer of said lands ofLonghouse
Cooperative,Inc.;thence N 86°45'49"W along a northerly line of said lands of Longhouse
Cooperative,Inc.a distance of 1047.69 feet to an iron pin located at a northwesterly comer of
said lands ofLonghouse Cooperative,Inc.being also an easterly line oflands reputedly owned by
Comell University;thence N1°17'37"W,along an easterly line of said lands of Comell,a
distance of 700.38 feet to an iron pin located ata northeasterly comer of said lands of Comell,
being also a southerly line of lands now or formerly of YMCA ofIthaca and Tompkins County
(L.606,P.172);thence N 88°01'30"E,along a southerly line of said lands of YMCA,a
distance of421.59 feet to an iron pin located ata southeasterly comer of said lands of YMCA;
thence N2°23'46"W,alongan easterly lineof saidlandsof YMCA,a distance of 965.44 feetto
an iron pipe;thence N 87°36'14"E along a southerly line of said lands of YMCA,and
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^continuing along the southerly line of lands now or formerly of Robin Bottie and David Warden
(L.633,P.728)a total distance of 1725.73 feet to an iron pin located at the southeasterly comer
^of said lands of Bottie and Warden;thence N 01 °49'46"W,along the easterly line of said lands
of Bottie and Warden and continuing along the easterly line of the lands now or formerly of
Joseph and Daisy Schimmenti (L.557,P.454)and the easterly line of the lands now or formerly
of Sadegn Deljoo and Ngem Puang (L.656,P.235)a total distance of 1281.8 feet toa point in
thesaid center lineof Mecklenburg Road;thence N 87°50'16"E,along thesaid centerline of
Mecklenburg Road a total distance of 563.93 feet toa point;thence S 01°48'31"B,along the
westerlylineof landsnow or formerlyof MichaelCarroll(L.732, P. 330)a total distanceof
721.5 feet toanironpin;thence N87°50'16"E,along the southerly lineofsaid lands of Carroll
a distance of404.0 feet to anironpin;thence N01°48'31"W,along an easterly lineofthesaid
lands of Carroll a distance of 139.74 feet toa point;thence N 88°11'29"E,along a southerly line
of the said lands of Carroll a distance of 125.00 feet toa point;thence N 01°48'31"W,along an
easterly lineofsaid lands of Carroll a distance of 300.00 feet toa point;thence S88° 11'29"W,
along a northerly lineof thesaid lands of Carroll a distance of 125.00 feet toa point;thence N
01°48'31"W,along an easterly line of said lands of Carroll a distance of 281.76 feet toa point
in thesaid centerline of Mecklenburg Road;thence N88°05'53"E,along thesaid centerline of
Mecklenburg Road,a distance of approximately 522.14 feet to the point or place of beginning,
being net 165.72 acres more or less.
The above description is in accordance with a map entitled "SUBDIVISIONMAP
ECOVILLAGE COHOUSING COOPERATIVE MECKLENBURG ROAD -N.Y.S.RTE.79
^TOWN OF ITHACA,TOMPKINS COUNTY,NEW YORK"with a sheet title of
^,"SUBDIVISION PLAN MAP"Sheet 1,dated June 11,2001,made by T.G.Miller P.C.,a copy
of which is on file with the Town of Ithaca Planning Office.
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