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Paulette Rosa
From:Susan H. Brock <brock@clarityconnect.com>
Sent:Tuesday, July 2, 2024 1:56 PM
To:Paulette Rosa; Marty Moseley
Subject:RE: ROW defined in TB 1965
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I thought it was odd that the Town decided in the 1980s that the proper solu on was for the owner to apply for a
variance and not also an encroachment license. I think the ZBA’s jurisdic on is limited to gra ng a setback variance and
does not extend to allowing the use of Town real property. If this were coming to us fresh today, I would have
recommended the owner seek an encroachment license from the Town Board and a setback variance from the ZBA. If
the ZBA were to act first, the variance would need to be condi oned on the encroachment license being approved and
fully executed. Like all encroachment licenses, the license for the Roat Street garage would have required the owner to
remove the garage if it interfered with Town use of its property (consistent with the ZBA’s condi on that the owner
recently sought to remove).
Susan
Susan H. Brock, Attorney at Law
12 Pheasant Way
Ithaca, NY 14850
tel.: 607-277-3995
fax: 607-277-8042
brock@clarityconnect.com
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From: Paulette Rosa [mailto:PRosa@townithacany.gov]
Sent: Monday, July 01, 2024 4:30 PM
To: Marty Moseley <MMoseley@townithacany.gov>; Susan Brock <brock@clarityconnect.com>
Subject: RE: ROW defined in TB 1965
Yes, I was looking for pre – 1984 …. Or around the time the garage was built.
I uploaded some of the old codes to Laserfische under Land Use Guidance I believe….
Paulette
Paulette Rosa, Town Clerk
2
215 N. Tioga St.
Ithaca, NY 14850
Ph (607) 273-1721 Option 1
www.townithacany.gov
From: Marty Moseley <MMoseley@townithacany.gov>
Sent: Monday, July 1, 2024 4:08 PM
To: Paulette Rosa <PRosa@townithacany.gov>; Susan Brock <brock@clarityconnect.com>
Subject: RE: ROW defined in TB 1965
It is also identified in the subdivision chapter. I pulled it up when Ed Kopko was identifying that he
searched the Towns codes and did not find a reference to the right of way.
234-23Highway improvements.
A. All roadways shall be paved and all road signs installed according to the Town of Ithaca Highway
Specifications, copies of which are available in the o ice of the Town Engineer. The subdivider shall
improve or agree to improve all highways, alleys, and other ways to provide drainage improvements, all in
such manner as is necessary for the general use of lot owners in the subdivision and to meet local tra ic
and drainage needs, including the needs of pedestrian and bicycle tra ic as may be required by the Town
of Ithaca Complete Streets Policy.
[Amended 5-11-2015 by L.L. No. 3-2015]
B. The arrangement of streets in the subdivision shall provide for the continuation of the principal streets
in adjoining subdivisions or for their proper projection when adjoining property is not subdivided, and
shall be of a width at least as great as that of existing connecting streets or the minimum highway widths
established here. As a general rule the right-of-way of streets shall not be less than 60 feet. The street
arrangement must provide for reasonable access from adjoining property that has not been subdivided.
C. Street names shall be shown; the
From: Paulette Rosa <PRosa@townithacany.gov>
Sent: Monday, July 1, 2024 4:04 PM
To: Susan Brock <brock@clarityconnect.com>; Marty Moseley <MMoseley@townithacany.gov>
Subject: ROW defined in TB 1965
TB Minutes 1965-11-04
3
Hmmm then in 1967
I guess it might be in this subdivision file…. TB 1994-05-09
4
Paulette Rosa, Town Clerk
215 N. Tioga St.
Ithaca, NY 14850
Ph (607) 273-1721 Option 1
www.townithacany.gov