SKANEATELES - The developers of the Seitz building project may have to pursue legal action after attempts to obtain a reciprocal easement agreement with six neighboring businesses between Fennell and Genesee streets were rejected by the Old Stone Mill.

During Monday's Skaneateles village board meeting, Jerry Gorelick, an owner of the Seitz building, said he attempted to obtain a joint agreement with all the local businesses to create a shared access-way for parking, but had not obtained a signature from Rick Diamond, the mill's principle owner.

Village attorney Michael Byrne said that under a current agreement with the village, Gorelick would have to either obtain a consensual easement agreement or take legal actions to get the court to make an easement, before he could allow tenants to move into the condos.

If Gorelick did not pursue both avenues he would forfeit a $50,000 security deposit which the village would use to obtain the easement.

The village wanted a legally recognized easement so that parking could be enforced, ensuring tenants had access to their second floor condos.

“It's time to start banging your saber,” Byrne told Gorelick. “Otherwise under this agreement, you forfeit the money and we have to do it for you and it will be cheaper for you to do it.”

Under the law, the owners of the Seitz project could claim that an easement had historically existed between all of the businesses who currently work in the area, which could establish the area as a legal access point.

“The proof is overwhelming, people have been using that access for at least 40 years,” Byrne said. “They could get a prescription for easement (from the court) because that lane has been historically used for easement.”

Some speculation came up among the board members that Diamond was holding out on signing the agreement because he was waiting for the village to bury the electrical circuits near his business.

Village Mayor Bob Green said the village had assured Diamond the circuits would be buried when the budget allowed for it.

Under current plans, the circuits would not be buried until around 2010.

The issue was also raised that the mill was currently using village property to gain access to one of the business's garages.

Board members questioned if they could restrict the mill's use of village land to get Diamond's attention, but Byrne recommended pursuing legal action first.

“It's time to take the bull by the horns and take action for a prescription of easement,” Byrne said. “You need to give the people assurance that they can get to their property.”

Staff writer Nate Robson can be reached at 253-5311 ext. 248 or nathan.robson@lee.net