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HomeMy WebLinkAbout1990 Zoning Ordinance Part II1/9/90 SCHEDULE A: REVISED DESCRIPTION OF PORTION OF LAND OF WALTER J. AND JOYCE Y. WIGGINS TO BE REZONED Situate in the Town of Ithaca, County of Tompkins, State of New York. Beginning in the center line of New York State Route 96B at the southeast corner of lands of Laurent and Kaethe Bessou, designated as Tax Parcel No. 6-36-1-4.3: 1. Thence southerly along said center line 435' more or less, to the northeast corner of property of Irene Stout, designated as Tax Parcel No. 6-36-1-5; 2. Thence westerly 200' more or less, to the northwest corner of said Stout property; 3. Thence southerly 100' more or less, to the southwest corner of said Stout property and the north line of lands of Fairview Manor Realty Co., Tax Parcel No. 6-36-1-6; 4. Thence westerly in part along a northerly property line of lands of Fairview Manor Realty Co., and designated as Tax Parcel No. 6-36-1-6, 1100' to a point; 5. Thence northerly through the lands of Wiggins, 935' more or less to the southerly boundary of lands now or formerly of Anthony Leonardo, designated as Tax Parcel No. 6-37-2-20.2; 6. Thence easterly along Leonardo's southerly line 600' to a point; 7. Thence southerly, in part along the west line of Bessou's property (designated as Tax Parcel No. 6-36-1-4.3) 400' more or less to their southwest corner; 8. Thence easterly along Bessou's southerly line, 700' more or less to the center line of Route 96B and the Point of Beginning. Containing 20.3 acres, more or less. A - 43 1/9/90 LOCAL LAW NO. 4 - 1984. A LOCAL LAW RELATING TO ROCCO LUCENTE - SAPSUCKER WOODS ROAD. SUBDIVISION AMENDED TO THE ZONING ORDINANCE TO PERMIT CONVERSION, OF 14 DWELLING UNITS, (as amended by Local Law 6 - 1985) RESOLVED: That the Town Board of the Town of Ithaca enact and hereby does enact this Local Law to amend the Zoning Ordinance of the Town of Ithaca to permit the 14 existing buildings located at 108 through 230 Sapsucker Woods Road, Town of Ithaca Tax Parcels No. 6-70-10- 3.12 through 6-70-10-3.25, owned by Rocco Lucente and more particularly described in Schedule A of this Resolution, to be modified to permit the conversion of each existing building to no more than four (4) dwelling units subject to the following terms and conditions: 1. ZONE DESIGNATION OF AREA, The area covered by this Local Law shall remain Residence District R15 and all provisions of the Town Zoning Ordinance, as amended, shall govern, except as otherwise modified by this resolution or any law or ordinance adopted pursuant thereto. 2. CONVERSION OF DWELLING UNITS, Each of the 14 buildings may be converted into no more than four (4) dwelling units, consisting specifically of two (2), two - bedroom dwelling units and two (2), one -bedroom dwelling units, as more particularly shown on the final building plan and final site plan approved by the Planning Board and subject to any other requirements of the Planning Board, and the Town Board. 3. CONVERSION PERIOD (a) The conversion of the 14 structures must be completed within five (5) years of the adoption of this Local Law. Any structure which has not been converted within this five (5) year period may not be later converted or remodelled to contain more than two (2) dwelling units and the present owner, Rocco Lucente, or any of his successors, distributees, assigns, or other transferees, shall have waived and surrendered any prior right to rent, and he or they are specifically prohibited from renting, such building to a greater number of occupants, including unrelated occupants, than is allowed in a Residence District R15 for two (2) family houses, under the current provisions of the Town Zoning Ordinance as of the date of the adoption of this A - 44 1/9/90 Local Law. (b) The process of conversion shall be planned so that there shall be no more than four (4) structures uncompleted at any time, except that the planting of trees and shrubbery on any lot may be postponed to a more favorable season, but no more than twelve (12) months after completion of the conversion. 4. OCCUPANCY RESTRICTIONS (a) Except as stated in paragraph 3(a), occupancy of each of the two (2) one -bedroom dwelling units in any converted structure shall be limited to one household (or family), which is defined either as 'any number of persons related by blood or marriage, including adopted children' or 'no more than two unrelated persons occupying a single dwelling unit.' (b) Except as stated in Paragraph 3(a), each of the two (2) two -bedroom dwelling units in any converted structure shall be occupied by no more than one household or family, as described above, plus one unrelated person. (c) After the conversion, remodelling, or modification of any such structure has begun pursuant to a valid building permit, the structure shall not be occupied or leased other than in conformance with the requirements of this Resolution. 5. CONVERSION INTO LESS THAN FOUR UNITS In the event any structure is, at any time, converted to less than four dwelling units, the conversion shall be final, and any such structure shall thereafter contain no more than such lesser number of units into which the building was converted and the number of such dwelling units in such structure shall not be thereafter increased. For example, any structure converted into 3 or 2 dwelling units shall thereafter continue to be used and occupied only as a 3 or a 2 dwelling unit structure, as the case may be. 6. DESTRUCTION OF BUILDING If any converted building is partially or substantially destroyed or damaged by fire or other "act of God," the owner may rebuild a structure of similar design and dimensions, having no more than the number of dwelling units it contained immediately prior to such damage or destruction. A - 45 1/9/90 7. OWNER OCCUPANCY At least one dwelling unit in each of the structures, after any conversion as provided herein, shall, within twenty-four months of the issuance of a Certificate of Occupancy issued in connection with such conversion be owner -occupied. Such owner, however, must qualify as a household (or family) as defined herein. If, thereafter, a structure is not occupied by the owner then the structure may be occupied only as permitted by the regulations of a Residential District R-15 for a two-family dwelling as if this amendment to the Zoning Ordinance had not been adopted. Notwithstanding the foregoing, however, after the premises have been owner -occupied for at least four consecutive years, at the owner's option the premises may be leased and non - owner occupied for a period of up to twelve months out of each consecutive periods of sixty months. 8. PARKING (a) Parking of automobiles may be permitted in the front yard in areas designated therefor. (b) The number of automobiles and the spaces which shall be provided for each building shall be six (6), at least 2 of which shall be in an enclosed garage and the remainder of which shall be parked in the front yard. No more than one automobile shall be parked in each space. (c) The location and materials of each parking space and driveway shall be located and constructed in accordance with the requirements of the Town Planning Board as shown on the final, approved site plan, or as otherwise provided by the Planning Board. (d) Parking spaces and driveways must be maintained in good repair and neat condition at all times. 9. RESTRICTIVE COVENANTS AND OCCUPANCY (a) No building shall hereafter be occupied by any occupant either as an owner, or his household or family or his lessee, until: (1) A document containing restrictive covenants substantially as provided herein and containing such additional provisions as may be reasonably required to carry out the purposes of this law shall have been signed and acknowledged by the present owner, Rocco Lucente, and recorded in the A - 46 1/9/90 Tompkins County Clerk's Office. (2) A Certificate of Occupancy has been issued by the Town for each dwelling unit in the structure. (b) Such covenants and restrictions shall run with the land and may be enforced by any one or more of the following: (1) The Town Board. (2) Any owner of any of the lots (2-15) covered by this law. (c) The restrictive covenants and all other provisions of this law shall bind Rocco Lucente, his heirs, distributees, successors and assigns or any other person who may now have interest in the title of the land. 10. INVALIDITY AND SEVERABILITY In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. 11. DEFINITIONS (a) The words "structure" and "building" may be used interchangeably. (b) The words "owner -occupied" means occupancy by the deed owner of record of the premises. In any action to enforce any violations of these provisions, any relief obtained against the record owner of the premises, such as injunction, damages, or declarations, shall be binding upon all persons having any interest in the property, beneficial or otherwise, or any persons having a lien on the property derived through the record owner. 12. ENFORCEMENT The Town reserves for its agencies, and all other persons having an interest, all remedies and rights to enforce the provisions of this law, including without limitation, actions for any injunction or other equitable remedy, or action and damages, in the event the owner of any of the parcels covered by this law fails to comply with any of the provisions thereof. 13. This law shall take effect immediately. A - 47 1/9/90 SCHEDULE A Description of Land of Rocco Lucente on Sapsucker Woods Road. The area to which the provisions of this law apply is located on the West side of Sapsucker Woods Road, and consists of 14 lots (Lots 2 to 15 inclusive), shown on the survey map of the "Rocco Lucente Subdivision on the West side of Sapsucker Woods Road" made by Carl Crandall, C. E., dated April 8, 1967, a copy of which is on filed in the Office of the County Clerk. The area begins on the West side of Sapsucker Woods Road at a point which is the Northeast corner of Lot 1 as shown on said map, which is 250 feet north from the intersection of the West line of Sapsucker Woods Road and the North line of Hanshaw Road; thence North 1427 feet, more or less, along the street line to the Northeast corner of Lot 15; thence to the Northwest corner of Lot 15; thence South along the West line of Lots 15-11 inclusive, 497.5 feet, more or less, to the Southwest corner of Lot 11; thence East about 25 feet to .the Northwest corner of Lot 10; thence South along the West line of Lots 2-10 inclusive, 950 feet, more or less, to the Northwest corner of Lot 1; thence East along the North line of Lot 1, 175 feet to the place of beginning. A - 48 1/9/90 LOCAL LAW NO. 4 - 1986 TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL LAND USE DISTRICT (LIMITED MIXED USE) AT THE BIGGS COMPLEX OWNED BY TOMPKINS COUNTY. The Zoning Ordinance of the Town of Ithaca as re -adopted, amended and revised effective February 26, 1968, be further amended as follows: 1. Article II, Section 1 of the Town of Ithaca Zoning Ordinance be and hereby is amended by adding to the permissible districts itemized in said section a district designated as "Special Land Use District No. 3." 2. The uses permitted in this Special Land Use District No. 3 are: (a) any use permitted in an R9, R15, R30 or Multiple Residence District. (b) any use permitted in an Agricultural District. (c) any use permitted in an A, B or E Business District (Restaurant use only). 3. Notwithstanding the foregoing, no uses otherwise permitted shall be allowed in such district if the uses produce offensive noise, odors, smoke, fumes, vibration, glare, electronic interference, radiation, or if the use involves substances or devices that may cause harm due to their hazardous nature. No uses shall be permitted if not pursuant to and consistent with a unified plan for the entire Special Land Use District as the same may be initially approved by the Planning Board and subsequently amended with the approval of the Planning Board. 4. Any use in this district shall be governed by all of the requirements, including sideyards, setbacks, building coverage, accessory uses, and similar requirements, of the most restrictive district (other than this Special Land Use District (Limited Mixed Use)) in which such use is permitted by other terms of this ordinance, except that the number of parking places required shall be the number presently provided unless the Planning Board, in its discretion, determines parking is inadequate in which event the number of parking places shall be increased to the number designated by the Planning Board up to the maximum that would otherwise be required by the most restrictive districts for which each use would be governed but for the existence of this Special Land Use District. A - 49 1/9/90 5. In addition to the requirements and restrictions imposed by any other district, there shall be no new construction in this Special Land Use District unless and until all of the requirements of this ordinance have been complied with and, in addition, the following requirements to the extent not required by other provisions of this ordinance: (a) The exterior design, specifications, and plans for the buildings and other improvements to be constructed on the premises and the development of the grounds and construction of all outside facilities including lighting and signs shall have been shown on a final site plan approved by the Planning Board, and any construction thereafter shall be in accordance with said site plan as finally approved. In determining whether or not to approve the site plan, the Planning Board may employ the same considerations it would employ in approving a site plan pursuant to Sections 46 and 78 of this ordinance. (b) Building permits shall be required for any construction, including construction of signs and outdoor lighting facilities. Such permits shall not be issued until the Planning Board has approved the design and specifications therefore. (c) No further construction will occur until a new access roadway has been built by Tompkins County from station 10+00 west of and through parcel P4 as shown on the map referred to in Schedule A to this local law to connect to the two-way driveway presently extending from the southeast corner of parcel P3 as shown on said map to Indian Creek Road according to a mutually agreeable location and specifications acceptable to the Town Board of the Town of Ithaca, and until utility easements to serve properties to the north and west of lands of Tompkins County be granted for water and sewer extensions from existing on -site utility locations and more specifically to the former Gilcher property and to Indian Creek Road at locations and upon terms and specifications satisfactory to the Town Board. (d) No new construction and no additional occupancy of the existing buildings in this Special Land Use District shall be permitted if the Planning Board, in its discretion, determines that present arrangements for on -site parking are inadequate until sufficient on - site parking spaces are provided in an amount required by the Planning Board up to the maximum required by the A - 50 1/9/90 most restrictive districts for which each use would be governed but for the existence of this Special Land Use District. (e) Any construction for which a permit is granted shall comply with all applicable laws, codes, ordinances, rules and regulations. 6. The area encompassed and rezoned in accordance with this local law to Special Land Use District No. 3 is described on Schedule A to this local law. The Official Zoning Map of the Town of Ithaca is hereby amended by adding such district at the location described. 7. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. 8. This law shall take effect 20 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. A - 51 1/9/90 SCHEDULE A DESCRIPTION OF PORTION OF LANDS OF TOMPKINS COUNTY BEING REZONED SPECIAL LAND USE DISTRICT NO. 3 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins County, State of New York, more particularly described as follows: COMMENCING at a point in the access road to the Tompkins County Biggs facility which point of beginning is located 91.99 feet south 23 degrees 11 minutes 36 seconds east from a "PK" nail located in the center line of Indian Creek Road at the intersection of said center line with the center line of said access road; running thence south 76 degrees 49 minutes 53 seconds east 229.21 feet along the center line of a service road; running thence on a curve to the right along the center line of said service road with a chord direction of south 63 degrees 33 minutes 19 seconds east and a chord distance of 287.27 feet to a point; running thence south 50 degrees 49 minutes 47 seconds east along the center line of said service road 112.53 feet to where said center line intersects with the center line of another service road; running thence south 15 degrees 36 minutes 25 seconds east along the center line of a service road 269.33 feet to a point; running thence south 74 degrees 37 minutes 45 seconds west 68.12 feet to an iron pipe; thence running south 15 degrees 21 minutes 36 seconds east 155.9 feet to an iron pipe; running thence north 74 degrees 29 minutes 53 seconds east 67.47 feet to a point; running thence on a curve to the left and then a slight curve back to the right with a combined chord distance of south 49 degrees 9 minutes 39 seconds east and a chord distance of 209.49 feet which line runs along the center line of said service road to its intersection with the center line of another service road; running thence northerly on the center line of the service road and past the gas regulating house on a curve first to the right and then slightly to the left, the combined chord being in a direction of north 16 degrees 40 minutes 5 seconds east with a chord distance of 344.8 feet to a point of juncture between the center lines of two service roads; running thence on a slight curve to the left along the center line of one of said service roads a chord direction of north 85 degrees 5 minutes 49 seconds east and a chord distance of 114.48 feet to a point; running thence along the center line of said road on a chord direction of north 69 degrees 42 minutes 24 seconds east and a chord distance of 99.87 feet to a point; continuing along the same center line a chord direction of north 52 degrees 6 minutes 42 seconds east a chord distance of 99.89 feet to a point; running thence along the center line a further distance of 16.29 feet to a point; running thence south 3 degrees 42 minutes 28 seconds east 645.48 feet to a point; running thence south 32 degrees 41 minutes 49 seconds A - 52 1/9/90 east 88.47 feet to an iron pipe; running thence south 74 degrees 38 minutes 43 seconds west 403.55 feet to the center line of a service road; running thence south 14 degrees 3 minutes 25 seconds east along the center line of said road approximately 20 feet to a nail set in the middle of the road; running thence south 74 degrees 34 minutes 8 seconds west south of the old Hospital Building a distance of 296.25 feet to an iron pipe; running thence south 15 degrees 22 minutes 41 seconds east on a line parallel to a wing of the old Hospital and approximately 40 feet distant therefrom a distance of 121.86 feet to an iron pipe; thence running north 74 degrees 23 minutes 51 seconds west and passing 3 feet southerly of the old Hospital Building a distance of 404.3 feet to an iron pipe; running thence north 22 degrees 38 minutes 46 seconds west approximately 260 feet to a monument; running thence north 19 degrees 0 minutes 26 seconds west 338.44 feet to an iron pipe; running thence on the same bearing a distance of 121.10 feet to an iron pipe; running thence north 81 degrees 15 minutes 52 seconds east 227.82 feet to an iron pipe; continuing on the. same bearing 25 feet to the center line of a service road; running thence on a slight curve to the left with a chord bearing north 15 degrees 32 minutes 48 seconds west and a chord distance of 273.27 feet, said course running along the center line of said service road to a point; thence north 23 degrees 11 minutes 36 seconds west along the center line of said service road 537.96 feet to the point or place of beginning. The description set forth above is based upon a map entitled "Subdivision Map of Lands of the County of Tompkins N.Y.S. Route 96, Trumansburg Road, Town of Ithaca, Tompkins County, New York," dated August 1, 1984, amended April 24, 1985, made by T. G. Miller Associates, P.C., marked to show Proposed Mixed Use Zone June 2, 1986 and is intended to include parcels designated P3, P4, P6, P7A, P8A, and P9, a copy of which map is on file with the Planning Department of the Town of Ithaca. Containing approximately 22.2 acres of land, more or less. A - 53 1/9/90 LOCAL LAW NO. 1 - 1987 A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL LAND USE DISTRICT (LIMITED MIXED USE) AT THE FORMER CORNELL UNIVERSITY STATLER WEST COMPLEX (as amended by Local Law No. 5- 1987) . The Zoning Ordinance of the Town of Ithaca as readopted, amended and revised effective February 26, 1968, and thereafter further amended, be further amended as follows: 1. Articlle II, Section 2 of the Town of Ithaca Zoning Ordinance be and hereby is amended by adding to the permissible districts itemized in said section a district designated as "Special Land Use District No. 4" rv�WH 2. The uses permitted in Special Land Use District No. 4 (a) any use permitted in an R-15 residence district; (b) business offices or professional offices, such as medical offices and laboratories (subject to the further provisions stated herein); (c) art gallery; (d) up to two residential apartments. 3. Notwithstanding the foregoing, no uses otherwise permitted shall be allowed in such district if the uses produce offensive noise, odors, smoke, fumes, vibration, glare, electronic interference, radiation, or if the use involves substances or devices that may cause harm due to their hazardous nature. No uses shall be permitted if not pursuant to and consistent with a unified plan for the entire Special Land Use District as the same may be initially approved by the Planning Board and subsequently amended with the approval of the Planning Board. 4. Any use in this district shall be governed by all of the requirements, including parking, sideyards, setbacks, building coverage, accessory uses, and similar requirements, of the most restrictive district (other than this Special Land Use District (Limited Mixed Use))in which such use is permitted by other terms of this ordinance. 5. In addition to the requirements and restrictions imposed by any other district, there shall be no new construction in this Special Land Use District unless and until all of the A - 54 1/9/90 requirements of this ordinance have been complied with and, in addition, the following requirements to the extent not required by other provisions of this ordinance: (a) The exterior design, specifications, and plans for the buildings and other improvements to be constructed on the premises and the development of the grounds and construction of all outside facilities including lighting and signs shall have been shown on a final site plan approved by the Planning Board, and any construction thereafter shall be in accordance with said site plan as finally approved. In determining whether or not to approve the site plan, the Planning Board may employ the same considerations it would employ in approving a site plan pursuant to Sections 46 and 78 of this ordinance. (b) Building permits shall be required for any construction, including construction of signs and outdoor lighting facilities. Such permits shall not be issued until the Planning Board has approved the design and specifications therefore. (c) No new construction and no additional occupancy of the existing buildings in this Special Land Use District shall be permitted if the Planning Board, in its discretion, determines that present arrangements for on -site parking are inadequate until sufficient on -site parking spaces are provided in an amount required by the Planning Board up to the maximum required by the most restrictive districts for which each use would be governed but for the existence of this Special Land Use District. (d) Any construction for which a permit is granted shall comply with all applicable laws, codes, ordinances, rules and regulations. 6. The area encompassed and rezoned in accordance with this local law to Special Land Use District No. 4 is described on Schedule A to this local law. The Official Zoning Map of the Town of Ithaca is hereby amended by adding such district at the location described. 7. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. 8. This law shall take effect 20 days after its adoption or A - 55 1/9/90 the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. A - 56 1/9/90 SCHEDULE A DESCRIPTION OF PORTION OF LANDS OF CORNELL UNIVERSITY BEING REZONED SPECIAL LAND USE DISTRICT NO. 4 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins County, State of New York, being located on New York State Route 96 in said Township and being more particularly described as follows: COMMENCING at the southwest corner of premises reputedly owned by Paleontological Research, Inc. (see deed recorded in the Tompkins County Clerk's Office in Book 464 of Deeds at Page 405), which point is also a northwest corner of premises reputedly owned by Cornell University as shown on a map entitled "Proposed Special Land Use District for J. Ciaschi and the Mayer School at the Cornell U. Statler West Complex," dated December 17, 1986, by J. W. Mayer, Map Source: "Final Plat, Proposed Subdivision, Lands of Cornell University, Lot No. 87, Town of Ithaca," dated August 26, 1986, by Milton A. Greene, P.L.S. 42000, which corner is an east line of New York State Route 96; running thence north 68 degrees 48 minutes east along a southwesterly line of the Paleontological Research premises a distance of 710.22 feet to an iron pipe; running thence south 46 degrees 30 minutes east passing through an iron pipe at 317.18 feet a total distance of 405 feet to an iron pipe; running thence south 10 degrees 10 minutes east 241.76 feet to an iron pipe; running thence on a slight curve to the left with a chord distance of 230..24 feet on a bearing of south 64 degrees 57 minutes west with a radius of 448.26 feet to an iron pipe; running thence south 50 degrees 4 minutes west 321.76 feet to a point in the east line of New York State Route 96; running thence north 43 degrees 56 minutes west passing through an iron pipe at 438.88 feet a total distance of 784.08 feet to the point or place of beginning. The above description is based upon a map entitled "Proposed Special Land Use District for J. Ciaschi and the Mayer School at the Cornell U. Statler West Complex," dated December 17, 1986, by J. W. Mayer, Map Source: "Final Plat, Proposed Subdivision, Lands of Cornell University, Lot No. 87, Town of Ithaca," dated August 26, 1986, by Milton A. Greene, P.L.S. 42000, a copy of which map is on file with the Planning Department of the Town of Ithaca. Containing approximately 10.2 acres of land, more or less. A - 57 1/9/90 LOCAL LAW NO. 6 - 1987 A LOCAL LAW TO AMEND THE ZONING ORDINANCE BY REZONING A PORTION OF LAND AT 136-146 SEVEN MILE DRIVE FROM R-30 (RESIDENTIAL DISTRICT) TO R-5 (MOBILE HOME PARK DISTRICT) The Zoning Ordinance of the Town of Ithaca as readopted, amended and revised effective February 26, 1968 and subsequently amended, be further amended as follows: 1. The zoning map dated July 1, 1954, as amended to date, is hereby further amended by rezoning the lands described on Schedule A incorporated into this local law from residence district R-30 to residence district R-5 (mobile home park district). 2. The area so rezoned is subject, in addition to the conditions set forth in Article II -A to the following additional conditions: (a) A buffer zone 30 feet in depth from the right of way of Seven Mile Drive be established within' one year from the effective date of this local law. (b) The density of the present, non -conforming, existing mobile home park, be reduced from 24 to 22 mobile homes within one year from the effective date of this local law and to 20 mobile homes within three years of the effective date of this local law. (c) The total number of mobile homes within the area being rezoned (including the existing park and the planned expansion of same) shall not exceed 52. (d) The expansion of the park shall occur in phases. The first phase shall consist of no more than ten new units plus removal of up to two units from the existing park to the proposed expansion area. Building permits for no more than such twelve new units may be issued during the first year following enactment of this local law. After such twelve building permits are issued and mobile homes installed with respect to all of such permits, no further building permits shall be issued until (i) The developer, in cooperation with the Town of Ithaca Engineer and the Tompkins County Health Department, conducts such tests as the Town Engineer may reasonably require to determine the impact of the additional units on the water and septic systems of the Park and surrounding neighbors; and A - 58 1/9/90 (ii) The Town Engineer reports to the Planning Board the results of such tests; and (iii) The Planning Board is reasonably satisfied that the addition of such twelve units has not had a significant adverse impact (a) upon the quality and adequacy of water for the remainder of the Park and for the surrounding landowners (or if a significant impact is found, such impact will be ameliorated by the imminent availability of public water) or (b) upon the quality, adequacy, and effectiveness of the septic systems for the Park and surrounding neighbors; and (iv) The Planning Board is reasonably satisfied that the addition of up to ten more units (Phase Two units) will have no such significant impact in the future upon water supplies and septic systems. Upon making such determination, and subject to such other additional conditions as the Planning Board may reasonably impose, the developer may be authorized by the Planning Board to install up to ten more new units in accordance with final site plan approval from the Planning Board for Phase II of the development, and up to ten more building permits may thereafter issue for same. No more than the ten permits for Phase II shall be issued until completion of Phase II and the developer has again conducted tests as required upon completion of the first phase of ten units and two relocated units and the same procedures are again followed and the same determinations are again made with respect to there being no significant impact on water supplies and septic systems from the already constructed units and the planned final ten units. If the Planning Board finds no such significant impact has or will occur, and otherwise approves a final site plan for Phase III, the developer may receive building permits for up to ten final units to the extent authorized and approved by the Planning Board and upon such conditions as may be reasonably imposed by the Planning Board. (e) The existing park driveway be reconstructed upon completion of Phase I of the proposed mobile home park expansion, or within one year of the effective date of this local law, whichever is earlier, as may be specified by the Planning Board, including specifications as to width, parking, surface construction, and granting any final site plan approvals of any of the phases. (f) Proper erosion control measures be practiced during A - 59 1/9/90 project development. (g) The owner of the area being rezoned enter into an agreement in form and substance satisfactory to the Town of Ithaca Planning Board and the Town Attorney submitting the entire area to be rezoned (including the existing mobile home park) to the conditions contained in this local law, and, to the extent not modified by this .local law, to the requirements of Article II -A of the Town of Ithaca Zoning Ordinance or any successor statute, with such modifications applicable to the existing non- conforming park as the Town of Ithaca Planning Board may approve in approving the final site plan for the expanded park and including those modifications set forth in the resolution of the Town Planning Board relating to this project dated December 2, 1986. Such agreement shall be in a form as to permit its recording in the Tompkins County Clerk's Office and shall be recorded in such office at the owner's expense within ten days of final site plan approval of the first phase by the Town Planning Board. (h) The owner of the rezoned area provide an "as built" site plan of the existing mobile home park in form and substance satisfactory to the Town of Ithaca Planning Board showing the mobile homes, lots, utilities, roads, and other items reasonably required by the Board. Such plan shall be submitted before final site plan approval of any new lots. (i) All refuse and debris, including especially any inorganic items (pipes, sheetmetal, cans, etc.), be removed from the existing park and the planned expansion of the park, or stored only in closed garbage containers located as approved by the Town of Ithaca Planning Board, before any building permits are issued for the new park. (j) The mobile home park (both existing and the planned expansion of same) be kept free of refuse and debris. (k) If the operator of the mobile home park fails to comply with the requirements set forth in this local law, without limiting other remedies available to the Town of Ithaca, the Town may withhold an annual operating permit as well as any future building permits until the premises and the owner are in full compliance with the conditions set forth in this local law and the requirements of the Town of Ithaca Zoning Ordinance. (1) A final site plan containing such details and information as may be required by the Town of Ithaca Planning Board be submitted to and approved by such Board pursuant to Section 46-a of the Zoning Ordinance, as if this were the creation of a Special Land Use District. A - 60 1/9/90 3. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. 4. This law shall take effect 20 days after its adoption or upon the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. A - 61 1/9/90 SCHEDULE A DESCRIPTION OF LANDS BEING REZONED FROM R-30 TO R-5 ON SEVEN MILE DRIVE ALL THAT TRACT OR PARCEL OF LAND situate in, the Town of Ithaca, Tompkins County, State of New York, more particularly described as follows: COMMENCING at a point in the center line of Seven Mile Drive which point is approximately 1,472 feet northerly along the center line of Seven Mile Drive from its intersection with the center line of New York State Route 13 and which point of beginning is in a southeasterly corner of premises presently owned by Paul Jacobs; running thence north 89 degrees 55 minutes 30 seconds west along the southerly line of said Jacobs parcel approximately 1,206 feet to a southwesterly corner of said Jacobs parcel; running thence north 3 degrees 5 minutes 29 seconds west along a westerly line of said Jacobs parcel a distance of approximately 444 feet to a corner in said property; running thence south 89 degrees 49 minutes west 120 feet to a point, which point is approximately 1,135.82 feet easterly of the center line of Calkins Road; running thence north 0 degrees 11 minutes west parallel to the center line of Calkins Road a distance of approximately 209.1 feet to a point in the north line of premises owned by Jacobs; running thence north 89 degrees 49 minutes east along said north line of Jacobs 1,075.66 feet to a point which point is located 250 feet south 89 degrees 49 minutes east from the center line of Seven Mile Drive and which point is marked by an iron pin; running thence south 54 degrees east between said barn and garage a distance of 180 feet to an iron pin; running thence north 89 degrees 49 minutes east passing through an iron pin at 224.20 feet a total distance of 250 feet to the center line of Seven Mile Drive; running thence south 0 degrees 54 minutes east along the center line of Seven Mile Drive a total distance of 478.02 feet the point or place of beginning. The description set forth above is based upon two maps, one entitled "Map of Survey Portion of Lands Owned by Paul A. and Linda S. Jacobs" dated April 26, 1986, revised July 31, 1986, surveyed and mapped under direction of Richard L. McDowell, Jr. and a general site plan entitled "Addition to College View Mobile Home Park, Paul Jacobs, Seven Mile Drive, Ithaca, New York, 14850" dated November 20, 1986, made by William F. Albern, P.E., copies of which maps are on file with the Planning Department of the Town of Ithaca. Containing approximately 18 acres of land, more or less. A - 62 1/9/90 LOCAL LAW NO. 10 - 1987 A LOCAL LAW TO AMEND THE ZONING ORDINANCE REZONING THE FORMER ODD FELLOWS CARRIAGE HOUSE FROM RESIDENCE DISTRICT R-30 TO MULTIPLE RESIDENCE DISTRICT. The Zoning Ordinance of ,the Town of Ithaca as readopted, amended and revised effective February 26, 1968, and subsequently amended, be further amended as follows: 1. The Zoning Map dated July 1, 1954, as amended to date, is hereby further amended by rezoning the lands described on Schedule A incorporated into this local law from Residence District R-30 to Multiple Residence District. 2. The area so rezoned is subject, in addition to the conditions set forth in Article 6 of the Zoning Law to the following additional conditions: (a) There shall be no more than seven dwelling units permitted on said land. (b) No dwelling unit will be occupied by any more than three unrelated persons and the entire premises will not be occupied by any more than a total of 21 people, related or otherwise. (c) There shall be filed with the Town Clerk of the Town of Ithaca and with the Tompkins County Clerk a Declaration of Restrictive Covenant, in form and substance satisfactory to the Town Attorney, limiting the occupancy in the manner set forth above. (d) The execution by the developer of appropriate easements, subject to the approval by the Town Attorney, such that there be one-way ingress at the southern Statler West Complex gate for the Multiple Residence District created by this local law, the Mayer School, and the former Odd Fellows Infirmary, and such that there be egress from the northerly gate of the Statler West Complex, until such time as a road is constructed along the 60-foot right of way located adjacent to the northerly line of the premises being rezoned to Multiple Residence by this local law. These easements may be modified in the discretion of the Town of Ithaca Planning Board after review of a revised site plan showing the proposed modification. (e) There will be no A - 63 construction of additional 1/9/90 buildings on the area rezoned to Multiple Residence District except small accessory buildings as are shown on a site plan for the Multiple Residence District approved by the Town of Ithaca Planning Board. 3. This local law shall take effect upon its filing with the Secretary of State or 20 days after its adoption, whichever is later. A - 64 . 1/9/90 SCHEDULE A ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins County, New York, being known generally as Ithaca Tax Parcel 6-24-3-3.3 located on Trumansburg Road and is more particularly described in accordance with the map entitled "Final Plat Proposed Subdivision Lands of Cornell University" dated August 26, 1986 made by Milton A. Greene, a -copy of which final plat is on file with the Town of Ithaca Planning Office as follows: COMMENCING at an iron pipe in the easterly line of New York State Route 96 which iron pipe and point of beginning is located the following courses and distances from the intersection of the center line of New York State Route 96 and Bundy Road: (f) northwesterly along the center line of New York State Route 96 approximately 1649.0 feet; (g) thence north 66 degrees 46 minutes east 35.28 feet to the easterly line of New York State Route 96; (h) thence north 43 degrees 56 minutes west along the easterly line of New York State Route 96 to the iron pipe at the point of beginning, which iron pipe is in the southwesterly corner of the lands hereinafter described and in the northwesterly corner of a 1.47 acre parcel denominated "Parcel No. 3" on said map. Running from said point of beginning the following courses and distances: (a) north 56 degrees 36 minutes east 419.03 to an iron pipe; (b) north 10 degrees 10 minutes west 168.26 feet to a point in the southerly line of an area reserved for future access road; thence on a curve to the left an arc distance of 201.7 feet, said curve having a radius of 448.26 feet and a chord distance of 199.42 feet on a bearing of south 64 degrees 57 minutes west to a point; (c) south 50 degrees 4 minutes west 317.56 feet to a point; (d) south 43 degrees 56 minutes east 150 feet along the easterly line of New York State Route 96 to the point or place of beginning. It is the intent to describe Parcel No. 2 as shown on the A - 65 1/9/90 above mentioned map being approximately 1.83 acres and the parcel shown as having a cottage on said map. A - 66 1/9/90 LOCAL LAW NO. 2 - 1988 A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL LAND USE DISTRICT (LIMITED MIXED USE) AT 904-906 EAST SHORE DRIVE FOR THE TOMPKINS COUNTY CHAMBER OF COMMERCE. (as amended by Local Law No. 4 - 1988). The Zoning Ordinance of the Town of Ithaca -as readopted, amended, and revised effective February 26, 1968, and thereafter further amended, be further amended as follows: 1. Article II, Section 2 of the Town of Ithaca Zoning Ordinance be and hereby is amended by adding to the permissible districts itemized in said section a district designated as "Special Land Use District No. 5." are: 2. The uses permitted in Special Land Use District No. 5 (a) Any use permitted in a R-15 residence district; (b) Professional offices for occupancy by non-profit entities (subject to the further provisions stated herein); and (c) Visitors information center or tourism center for the area, in either instance operated by a not - for -profit or municipal entity. 3. Notwithstanding the foregoing, no uses shall be permitted if not pursuant to and consistent with a unified plan for the Special Land Use District (Limited Mixed Use) as such is initially approved by the Planning Board and subsequently amended with the approval of the Planning Board. 4. Any use in this district shall be governed by all of the requirements, including parking, sideyards, setbacks, building coverage, accessory uses, and similar requirements (except for permitted occupancies which shall be only as set forth above) relating to an R-15 residence district. 5. In addition to the requirements and restrictions imposed above there shall be no new construction in this Special Land Use District unless and until all of the requirements of- this ordinance have been complied with and, in addition, the following requirements to the extent not required by other provisions of this ordinance: (a) The exterior design, specifications, and plans for the buildings and other improvements to be A - 67 1/9/90 constructed on the premises and the development of the grounds and construction of all outside facilities including lighting, drainage plans, landscaping, signage, and traffic circulation approved by the New York State Department of Transportation shall have been shown on a final site plan approved by the Planning Board. Any construction thereafter shall be in accordance with said site plan as finally approved. in determining whether or not to approve the site plan, in addition to the requirements set forth specifically relating to this Special Land Use District No. 5, the Planning Board may employ the same considerations it would employ in approving a site plan pursuant to Sections 46 and 78 of this ordinance. (b) Building permits shall be required for any construction, including construction of signs, walls, and outdoor lighting facilities. Such permits shall not be issued until the Planning Board has approved the design and specifications for any items for which a building permit is sought. (c) Any construction for which a permit is granted shall comply with all applicable laws, codes, ordinances, rules and regulations. 6. In addition to the requirements and restrictions set forth above occupancy and use of the premises shall be further limited as follows: (a) No building permit shall be issued until a plan shall have been submitted to the Planning Board and approved by the Planning Board showing adequate parking and access to be maintained within the district. (b) Once constructed, any building on the premises shall, have no more than ten persons employed in the building at any one time. (c) No activities will be conducted in the Special Land Use District between the hours of 10:30 P.M. and 7:00 A.M. (d) No activities will be conducted in said Special Land Use District which will cause disturbing noise, odors, or glare to any adjacent landowners. A - 68 1/9/90 7. The area encompassed and rezoned in accordance with this local law to Special Land Use District No. 5 is described on Schedule A to this local law. The official zoning map of the Town of Ithaca is hereby amended by adding such district at the location described. 8. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. 9. This law shall take effect 20 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. A - 69 1/9/90 SCHEDULE A DESCRIPTION OF ENLARGED SPECIAL LAND USE DISTRICT NO. 5 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins and State of New York, bounded and described as follows: COMMENCING at a point in the center line of East Shore Drive, State Route 34, at or near the northeast corner of premises of the City of Ithaca (Liber 204 of Deeds at page 274) which premises are known generally as the site of the Ithaca Youth Bureau; running thence northerly and along the center line of East Shore Drive 60 feet to the southeast corner of lands reputedly of Leo M. Wells (see 379 Deeds 410); continuing northerly along the center line of East Shore Drive a distance of 79.5 feet to the northeast corner of said Wells property and also the southeast corner of other premises reputedly owned by Wells (see Liber 466 of Deeds at page 230); continuing northerly along the center line of East Shore Drive 117.3 feet to the northeast corner of said second Wells parcel; running thence southwesterly and along premises now or formerly reputedly of Signorelli (590 Deeds 1128) a distance of approximately 223 feet to the east line of premises now or formerly of the Lehigh Valley Railroad Company; thence southwesterly along the easterly line of said railroad company a distance of approximately 141 feet to a point; thence southerly running along the westerly line of the second Wells parcel described above; the first Wells parcel described above and the premises now or formerly of Bowman (see Book 585 of Deeds at page 594) a total distance of 82.8 feet to a point, which point is the southwest corner of said Bowman parcel; running thence easterly and in part along the City of Ithaca Youth Bureau site and in total along the southerly line of said Bowman parcel a total distance of 264 feet to the east line of East Shore Drive; continuing thence in the same direction a distance of approximately 33 feet to the center line of East Shore Drive at the point or place of beainnina- A - 70 1/9/90 LOCAL LAW NO. 2 - 1989 A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL LAND USE DISTRICT (LIMITED MIXED USE) FOR THE INDIAN CREEK RETIREMENT COMMUNITY ON TRUMANSBURG ROAD OWNED BY CMH ASSOCIATES The Zoning Ordinance of the Town of Ithaca as readopted, amended, effective February 26, 1968, and subsequently amended, be further amended as follows: 1. Article 2, Section 1 of the Town of Ithaca Zoning Ordinance be and hereby is amended by adding to the permissible districts itemized in said section a district designated as "Special Land Use District No. 6". 2. The uses permitted in this Special Land Use District No. 6 are: (a) Detached one -family dwellings. One family dwellings may be occupied by not more than (i) an individual, or (ii) a family, or (iii) a family plus one additional boarder, roomer, lodger or other occupant, or (iv) two individuals, boarders, roomers, lodgers or other occupants. (b) Detached two-family dwellings. Each dwelling unit in the two-family dwellings may be occupied by not more than (i) an individual, or (ii) a family, or (iii) a family plus one additional boarder, roomer, lodger or other occupant, or (iv) two individuals, boarders, roomers, lodgers or other occupants. (c) Attached single-family units aggregated together in one or more buildings of up to 80 dwelling units. Each one -family unit in said attached units may be occupied by A - 71 1/9/90 (i) an individual, or (ii) a family, or (iii) two individuals, boarders, roomers, lodgers or other occupants. (d) The attached single-family dwelling units may be condominium units or other ownership of less than the minimum lot size normally required in an R-15 zone as may be approved by the Town of Ithaca Planning Board. (e) A community facility which may be attached to the attached single-family units or may be free-standing, not in excess of 7,000 square feet, to be used for central dining facilities (with serving kitchen), activity areas, and other related community service space to be made available principally for the use of the residents of the retirement community. (f) Permitted accessory uses shall include the following: (i) off-street garage or parking spaces for the residents of and the employees working at the Indian Creek Retirement Community. (ii) accessory buildings such as storage sheds, pavilions, gazebos, and other similar small buildings provided that no single building exceeds more than 200 square feet in size and provided further that the size and location of each such building is approved by the Planning Board. (g) Common recreational areas including walkways, parks, community gardens, and other similar outdoor recreational facilities. (h) Any municipal or public utility purpose necessary to the maintenance of utility services for the Indian Creek Retirement Community. (i) Signs, as regulated by the Town of Ithaca Sign Law. 3. Any use in this district shall be governed by all of the requirements, including side yards, setbacks, building coverage, accessory uses, and similar requirements, of a residence district R-15, except as the same may be specifically modified by the terms of this local law. A - 72 1/9/90 4. In addition to the requirements and restrictions imposed by the Town of Ithaca Zoning Ordinance, the area being rezoned to Special Land Use District No. 6 shall be subject to the following conditions: (a) The exterior design, specifications, and plans for the buildings and other improvements to be constructed on the premises and the development of the grounds and construction of all outside facilities including lighting and signs shall have been shown on a final site plan approved by the Planning Board, and any construction thereafter shall be in accordance with said site plan as finally approved. In determining whether or not to approve the site plan, the Planning Board may employ the same considerations it would employ in approving a site plan pursuant to Sections 46 and 78 of the Town of Ithaca Zoning Ordinance. (b) Building permits shall be required for any construction, including construction of signs and outdoor lighting facilities. Such permits shall not be issued until the Planning Board has approved the design and specifications for such proposed construction. (c) The primary access roadway from Trumansburg Road leading westward shall be a double road with a median island for at least the first 1300 feet of its length and such roadway shall be constructed in accordance with Town of Ithaca highway specifications, dedicated and deeded to the Town and accepted by the Town before any certificates of occupancy are issued. (d) Such additional portions of the roads in the project shall be constructed in accordance with Town of Ithaca highway specifications, dedicated and deeded to the Town, and accepted by the Town as the Planning Board may, in approving the final site plan, determine. (e) The Declaration of Condominium, the Certificate of Incorporation of any homeowners association or similar group, and the bylaws of any such organization, shall be submitted to the Planning Board for recommendation and shall be approved by the Town of Ithaca before the same are filed and adopted. (f) There shall be a maximum of 140 dwelling units within the Special Land Use District of which no more than 80 dwelling units shall be contained in attached configuration of more than two dwelling units per A - 73 1/9/90 building, and no more than 60 dwelling units shall be contained in detached one and two-family dwelling unit configuration. (g) There shall be dedicated to the Town of Ithaca as park space a four acre park site in the easterly portion of the project as shown as the general plan with the precise metes and bounds to be determined by the final site plan approval by the Planning Board, such dedication to occur prior to the issuance of any certificates of occupancy for any of the units on the property. (h) There shall be dedicated and conveyed to the Town of Ithaca a 20 foot strip of land in fee simple substantially along the southerly line of the Special Land Use District as shown on the general plan, the precise metes and bounds description to be as finally determined on the final site plan, said strip of land to be conveyed for trail and other municipal purposes. (i) The developer shall reserve and dedicate for open space approximately six acres of land adjoining the westerly portion of the southerly line of the Special District boundary, the center line of the six acre strip of land being the center line of Indian Creek, all as more particularly shown on the schematic site plan dated November 22, 1988 submitted in support of the application for rezoning. Said area shall be deeded to the Town of Ithaca for open space area and municipal purposes before the issuance of any certificates of occupancy for any dwelling unit within the Special Land Use District. (j) All of the dwelling units shall be owner -occupied subject to the following: (i) A unit may be occupied by other than the owner as long as the occupant is related by blood (e.g., father, mother, grandfather, grandmother, etc.) to the owner. (ii) A unit may be rented by an owner for no more than a cumulative period of twelve months within any continuous thirty-six month period. Permission to rent and/or sublet for a longer period of time shall be obtained in writing from the Board of Directors or other governing body of any homeowners association established in connection with the community. In no case, A - 74 1/9/90 however, may a unit be rented by an owner or owners for more than 24 months cumulatively in any five-year period. (iii) Notwithstanding the foregoing, the developer shall be allowed to rent one or more units for a period not to exceed two years in each case from the date of issuance of the original certificate of occupancy for the unit being rented, provided that at no time may the developer have more than sixteen units rented under this provision at any one time. (k) The dwelling units shall be occupied by persons over the age of 54 years pursuant to rules and regulations contained in bylaws, declarations, or other regulations approved by the Town Board. Such regulations may permit temporary occupancy by visitors under the age of 55 years. (1) Notwithstanding any provisions of the Town of Ithaca Zoning Ordinance to the contrary, in Special Land Use District No. 6, no building shall be erected, altered, or extended to exceed 42 feet 6 inches in height from the lowest interior grade or 40 feet 6 inches in height from the lowest exterior grade, whichever is lower. No structure other than a building shall be erected, altered, or extended to exceed 30 feet in height. (m) Except as specifically provided for herein any construction for which a permit is granted shall comply with all applicable laws, codes, ordinances, rules and regulations. (n) The execution of an agreement mutually acceptable to the developer and the Town of Ithaca relating to the terms under which (i) the developer will provide its own water service or facility for the Indian Creek Retirement Community; and/or (ii) the developer will construct any sewer and/or water mains that may be required to provide water and/or sewer service to the Indian Creek Retirement Community; and/or (iii) the developer may make contributions to the Town of Ithaca in amounts to be mutually agreed A - 75 1/9/90 upon to permit the Town to construct or upgrade water supply and/or sewage disposal facilities necessitated by the construction of the Indian Creek Retirement Community. Such agreement to be executed, unless waived by the Town of Ithaca, prior to the issuance of any building permits for any construction in the Indian Creek Retirement Community. 5. Any significant revisions to the schematic site plan of November 22, 1988 submitted to the Town Board shall be submitted to and be approved by the Town Board before issuance of any building permits. In accordance with the provisions of the Zoning Ordinance a final site plan shall be submitted to and approved by the Town of Ithaca Planning Board before issuance of any building permits. 6. The area encompassed and rezoned in accordance with this local law to Special Land Use District No. 6 is described on Schedule A to this local law. The official zoning map of the Town of Ithaca is hereby amended by adding such district at the location described. 7. Any violations of the terms of this local law shall constitute a violation of the Town of Ithaca Zoning Ordinance and shall be punishable as set forth in said ordinance and in Section 268 of the Town Law of the State of New York. Each week's continued violation shall constitute a separate offense. Notwithstanding the foregoing, the Town reserves for itself, its agencies and all other persons having an interest, all remedies and rights to enforce the provisions of this law, including, without limitation, actions for any injunction or other equitable remedy, or action and damages, in the event the owner of the parcels covered by this law fails to comply with any of the provisions hereof. 8. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. 9. This law stall take effect 10 days after its publication in the Ithaca Journal. A - 76 1/9/90 SCHEDULE A DESCRIPTION OF LAND OF INDIAN CREEK RETIREMENT COMMUNITY REZONED SPECIAL LAND USE DISTRICT NO. 6 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins County, State of New York, more particularly described as follows: COMMENCING at a point in the west line of Trumansburg Road which point is at the northeast corner of premises reputedly owned by Joyce (see deed recorded in the Tompkins County Clerk's Office in Book 602 of Deeds at Page 507); running thence south 66 degrees west along the north line of Joyce 257.1 feet to an iron pin; running thence south 24 degrees 23 minutes east along a west line of Joyce 457.3 feet to an iron pin; running thence south 69 degrees 4 minutes west along a fence line 464.0 feet to a pipe; running thence south 81 degrees 28 minutes west along a fence line 531.8 feet to a pipe; running thence south 60 degrees 8 minutes west along the remains of an old fence line 323.4 feet to a pipe; running thence south 2 degrees 45 minutes east approximately 50 feet to a point, 100 feet northerly from the center line of Indian Creek; running thence westerly on a curve parallel to and 100 feet northerly of the center line of Indian Creek a distance of approximately 1400 feet to a point in the west line of premises shown on a map entitled "Survey Map Lands of Bruce M. Babcock Located on Trumansburg and Hayts Roads, Military Lots 40 and 41, Town of Ithaca, Tompkins County, New York" dated May 29, 1987; running thence north 9 degrees 27 minutes east along the west line as shown on said map approximately 1280 feet to a pipe; running thence south 89 degrees 19 minutes east 1,215.5 feet to the center line of Trumansburg Road running in part along an old fence and hedge; running thence on a curve to the left along the center line of Trumansburg Road, said curve having an arc distance of 302 feet and a chord direction of south 45 degrees 48 minutes east and a chord distance of 301.8 feet to the point or place of beginning. The description set forth above is based largely upon the above referenced survey map of the lands of Bruce M. Babcock, a copy of which map is on file with the Planning Department of the Town of Ithaca. Containing 66 acres of land, more or less. A - 77