Loading...
HomeMy WebLinkAboutTB Minutes 1980-05-12 r TOWN OF ITHACA TOWN BOARD MEETING May 12 , 1980 - 5 : 30 P . M . At a Regular Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held on the 12th day of May , 1980 , at 5 : 30 p . m . , at the Town of Ithaca Offices at 126 East Seneca Street , Ithaca , New York , there were PRESENT : Noel Desch , Supervisor George Kugler , Councilman Shirley Raffensperger , Councilwoman Catherine Valentino , Councilwoman Henry McPeak , Councilman Victor Del Rosso , Councilman Marc Cramer , Councilman ALSO PRESENT : James Buyoucos , Town Attorney Robert Parkin , Highway Superintendent Lawrence Fabbroni , Town Engineer Elizabeth Roscioli , 152 Bundy Road Roberta Chiesn , 159 Bundy Road Michael Leach , 168 Bundy Road Almina Leach , 168 Bundy Road Bruce Wilson , 225 Warren Road Representatives of the Media : Matt Leone , Ithaca Journal Susan Myers , WHCU Bob Lynch , WTK.O Chris Fickes , WTKO Dan Geller , WVBR PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . INCREASE OF FEES PAID TO TOWNS AND VILLAGES FOR CRIMINAL COURT ACTIONS Supervisor Desch stated that State law now returns $ 5 . 00 to Towns and Villages for each case . There has not been an increase since 1939 . The Supervisor read a proposed resolution , if approved by the Town Board , will be sent to the various officials in Albany . The Town of Ithaca courts are the busiest courts in the County . It is fair to say that the Town , through the courts , end up paying for State ® level costs . The funds should be utilized where the costs occur . Right now , the State takes advantage of the money we make . However , the State may be unwilling to increase the court money , as it would cut money from their budget . Councilwoman Raffensperger noted that the Association of Towns passed a similar resolution at their last meeting . RESOLUTION NO , 73 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , WHEREAS , the town and village courts hear and determine cases involving violations of state law , and WHEREAS , fines and penalties collected by such courts are paid to the Town Board Minutes - 2 - May 12 , 1980 State in recognition of the fact that such violations are state offenses , and WHEREAS , in recognition of the services provided by such local courts , the State of New York has provided in section 99 - 1 of the General Munic - ipal Law that towns and villages shall be reimbursed for services rendered in such cases in the amount of $ 5 . 00 per case , and WHEREAS , the amount of $ 5 . 00 was originally set forth in the Code of Criminal Procedure , section 740 - a , by Chapter 737 of the Laws of 1939 , and has remained unchanged for the past 41 years , and WHEREAS , the per case cost of the operation of local courts have increased substantially since 1939 while no increase in reimbursement ® by the state to local governments for court services has been granted , and WHEREAS , the net result is that the burden of the said additional cost of administering this state operation is borne by taxation of local real property rather than by general taxation , NOW THEREFORE , BE IT RESOLVED , that the Town Board of the Town of Ithaca does hereby strongly urge the Legislature and the Governor to act favorably on pending legislation which would increase the amount returned to towns and villages to $ 15 . 00 instead of the present inadequate $ 5 . 00 limit as set by the present provisions of law ( Senate 2397 - A ; Assembly 10900 ) , and be further RESOLVED , that a copy of this resolution be forthwith forwarded to the HON . HUGH L . CAREY , Governor ; HON , WARREN M . ANDERSON , President Pro Tem of the Senate ; HON , MANFRED OHRENSTEIN , Senate Minority Leader ; HON , STANLEY FINK , Speaker of the Assembly ; HON . DANIEL B . WALSH , Assembly Majority Leader ; HON , JAMES L . EMERY , Assembly Minority Leader ; HON . JESS J . PRESENT , Chmn . , Senate Committee on Local Government ; JAMES W . MC CABE , Chmn . , Assembly Committee on Local Governments ; HON . WILLIAM T . SMITH , New York State Senator ; and HON . HUGH S . MACNEIL , New York Assemblyman . ( Desch , Kugler , Raffensperger , Valentino , McPeak , Del Rosso and Cramer voting Aye . Nays - none ) . TRAFFIC REGULATIONS FOR POOLE ROAD , CULVER ROAD AND ELM STREET , EXTENSION INTERSECTIONS . Town Engineer Lawrence Fabbroni stated that he had received letters from people in this area regarding traffic . He stated that basically almost every leg of the intersection is 120 degrees apart . Traffic travels at a high rate of speed , Mr . Fabbroni suggested that a yield sign , not a stop sign , be placed on the Elm Street leg , He further suggested that a 40 MPH warning sign ® be placed on the existing warning sign . RESOLUTION NO , 74 Motion by Councilman McPeak ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes a yield sign be placed on the Elm Street Extension intersection and that a 40 MPH warning sign be placed on the warning sign , already in place . ( Desch , Kugler , Raffensperger , Valentino , McPeak , Del Rosso , and Cramer voting Aye . Nays - none ) . COURT CLERK HOURS Supervisor Desch noted that on December 31 , 1979 , the Court Clerk ' s hours / Y7 Town Board Minutes - 3 - May 12 , 1980 were review and raised to 35 hours per month . However , Court activities have been high , therefore , the Clerks have been averaging more than the 35 hours . The Supervisor stated that it was not the intent of the Town Board to limit support for the Town Justices' . He noted that one yard stick for estimating the amount of clerical support needed , is the case load and revenue return from the courts . Councilman Cramer asked what an increase in the hours would do to the budget ? Supervisor Desch answered that the amount collected by the Justices ' exceeds the costs of the Town Justices ' and Court Clerks . ® Supervisor Desch further stated that the Court Clerks job is not the kind of a job where you can hire a full time person . He recommended that the hours be increased from 35 to 50 hours per month and a continuation of the review of these hours semi - quarterly . RESOLUTION N0 , 75 Motion by Councilwoman Valentino ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes an average of 50 hours per month for the Court Clerks , the hours to be reviewed semi - quarterly . ( Desch , Kugler , Raffensperger , Valentino , McPeak , Del Rosso , and Cramer voting Aye . Nays - none ) . EXEMPTION OF CITY OF ITHACA PROPERTY Supervisor Desch stated that on January 29 , 1979 , certain City of Ithaca properties were exempted , by the Town , from payment of Town levied real estate taxes . A little strip of land , 51 feet wide , west of Clover Lane was inadvertently omitted from the resolution . RESOLUTION N0 , 76 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED , WHEREAS , on January 29 , 1979 , by resolution , the Town Board of the Town of Ithaca exempted certain City of Ithaca properties located in the Town of Ithaca from real estate taxes , and WHEREAS , Parcel No . 59 - 2 - 25 . 1 was inadvertently omitted from the said resolution , NOW THEREFORE , BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby grants an exemption from the payment of Town levied real estate ® taxes on City - owned property , Parcel No . 59 - 2 - 25 . 1 , located in the Town of Ithaca , so long as the property is used by the City of Ithaca for park purposes . The exemption does not include relief from special assessments such as fire , water and sewer taxes and benefit assessments . ( Desch , Kugler_ , Raffensperger , Valentino , McPeak , Del Rosso , and Cramer voting Aye . Nays - none ) . NORTHEAST ITHACA BUS SERVICE Town Engineer Fabbroni noted that the agreement between the City of Ithaca , Cornell University , Town of Ithaca , Village of Lansing , Tompkins County , and the Village of Cayuga Heights to provide summer service , Town Board Minutes - 4 - May 12 , 1980 i similiar to ; the holiday schedule , not to exceed $ 1 , 000 has been approved by all parties except the Village of Cayuga Heights . Mr . Fabbroni stated that a midday service is still needed , however , the money is not available . k, Supervisor l:) esch asked if the County has approved the agreement yet ? County Representative Beverly Livesay answered yes . Supervisor Desch noted the money has been appropriated in the budget . ® RESOLUTION NO 77 Motion by C `fIuncilman Cramer ; seconded by Councilman McPeak , l RESOLVED , W] i i EREAS , the Town Board of the Town of Ithaca through an intermunicip" al agreement has supported regular commuter bus service to Northeast Ithaca from September 1979 to May 1980 , and WHEREAS , the service has averaged over 200 passengers per day approximately 55 % of whom are perceived to be long term Ithaca residents , and WHEREAS , the Town of Ithaca subsidy has not exceeded the $ 7 , 000 maximum committed in August 1979 , NOW THEREFORE , BE IT RESOLVED , that the Supervisor of the Town of Ithaca is hereby authorized to execute the agreement between the City of Ithaca , Cornell University , Town of Ithaca , Village of Lansing , Tompkins County , and the Village of Cayuga Heights for regular commuter bus service from the South Lansing - Triphammer - Sapsucker Woods - Ithaca area to Down - town Ithaca via the Cornell University Campus , from May 19 through August 29 , 1980 , Town of Ithaca ' s share not to exceed $ 1 , 000 . ( Desch , Kugler , Raffensperger , Valentino , McPeak , Del Rosso , and Cramer voting Aye . Nays - none ) . Supervisor Desch discussed the agreement between the City of Ithaca , Cornell University , Town of Ithaca , Village of Lansing , Tompkins County and the Village of Cayuga Heights for regular bus service commencing September 1 , 1980 , and ending May 1981 . The Town of Ithaca ' s share would amount to $ 7 , 000 . Supervisor Desch noted that the money was budgeted through 1980 , however , a commitment from the Town Board would be necessary to guarantee the contination of the agreement through 1981 . RESOLUTION NO . 78 Motion by Councilman Cramer ; seconded by Councilwoman Valentino , ® RESOLVED , WHEREAS , the Town Board of the Town of Ithaca through an intermunicipal agreement has supported regular commuter bus service to Northeast Ithaca from September 1979 to May 1980 , and WHEREAS , the service has averaged over 200 passengers per day , and WHEREAS , the Town of Ithaca subsidy has not exceeded the $ 7 , 000 maximum committed in August , 1979 , NOW THEREFORE , BE IT RESOLVED , that the Supervisor of the Town of Ithaca is hereby authorized to execute the agreement between the City of Ithaca , Cornell University , Town of Ithaca , Village of Lansing , Tompkins County , and the Village of Cayuga Heights for regular commuter bus service from the South Lansing - Triphammer and Village Apartments - Sapsucker - Ithaca area to Downtown Ithaca via the Cornell University Campus , commencing September 1 , 1980 and ending May 1981 , Town Board Minutes - 5 - May 12 , 1980 Town of Ithaca ' s share of sudsidy not to exceed $ 7 , 000 . ( Desch , Kugler , Raffensperger , Valentino , McPeak , Del Rosso and Cramer voting Aye . Nays - none ) . HOSPITAL BUS RUN Supervisor Desch stated that negotiations confirm the validity of service and ridership is heavy to the County facilities at the ® hospital complex . He stated that he was not sure the Town would want to continue on the 60 % - 40 % basis . RESOLUTION NO . 79 Motion by Councilwoman Raffensperger ; seconded by Councilman McPeak , RESOLVED , WHEREAS , the Town of Ithaca , City of Ithaca , and Tompkins County have jointly sponsored the Hospital Bus Route of Ithaca Transit from January 1979 through December 1979 , and WHEREAS , ridership records have indicated greater County benefit than Town benefit , and WHEREAS , the City of Ithaca has financed all deficit over $ 10 , 400 for 1979 , and WHEREAS , the City has agreed to finance all deficit over $ 11 , 640 for January 1980 through December 1980 , NOW THEREFORE , BE IT RESOLVED , that the Town and County will subsidize the Ithaca Transit Hospital Bus Run to a maximum of $ 4 , 575 and $ 6 , 865 respectively , and FURTHER BE IT RESOLVED , that the Supervisor of the Town of Ithaca Town Board be authorized to execute contracts agreeing to said service and maximum subsidies , and that said contracts be retroactive to January 1 , 19800 ( Desch , Kugler , Raffensperger , Valentino , McPeak , Del Rosso , and Cramer voting Aye . Nays - none ) . LOCAL SEQR LAW Consideration of the discussion of a proposed local law providing for Environmental Review of Action in the Town of Ithaca . ® Several Coucilpersons requested that the gallons be changed from 500 , 000 to 100 , 000 gallons under Section IV , Number 3 , Paragraph b , and to read " a project or action which would use ground or surface water in excess of 100 , 000 gallons per day . " ® Councilwoman Raffensperger asked , when you say Town Zoning Map , does it include the Highway Map ? Town Attorney Buyoucos stated that the Town Zoning Map does not include the Highway Map . Councilwoman Raffensperger then asked under what circumstances does the Highway Map change ? Supervisor Desch answered by saying an alignment , change or addition of a parcel to a Town highway would change the map . Attorney Buyoucos posed the question , if you change a two rod road to a 60 foot road , would you change the Highway Map . He stated that you do not want to exclude the Planning Board on new development . Town jo Town Board Minutes - 6 - May 12 , 1980 Highways will not be abandoned or changed without Town Board approval . In reference to Page 7 , Section c , Town Engineer Fabbroni stated that the Sign Ordinance is written so the Building Inspector approves the signs which do not require a variance . Signs which require variances go to the Planning Board for their determination . Attorney Buyoucos asked if the Building Inspector or the Planning Board was lead agency ? Mr . Fabbroni answered , the Planning Board is lead agency . Supervisor Desch asked how many signs will need review ? ® Mr . Buyoucos asked Henry Aron if he had discussed this with Mrs . Restaino , who wrote the proposed SEQR Law ? Mr . Aron stated that he had not discussed this with Mrs . Restaino . Mr . Buyoucos asked , when do you change a Highway Map ? Mr . Fabbroni stated that a Highway Map is changed after a public hearing when a road is added or deleted . DATE FOR PUBLIC HEARING - SIGN ORDINANCE Supervisor Desch stated that not everyone has had a chance to review the proposed Sign Ordinance . Also , that he would like public view points before adopting . The proposed ordinance will not be ready for adoption in June , however , a public hearing should be set for the June meeting . RESOLUTION N0 , 80 Motion by Councilwoman Valentino ; seconded by Supervisor Desch , RESOLVED , that the Town Board of the Town of Ithaca will conduct a public hearing on June 9 , 1980 , at 7 : 00 P . M . , at the Town Offices at 126 East Seneca Street , Ithaca , New York , with regard to the proposed Sign Ordinance and to consider the adoption of a local law in this regard . ( Desch , Kugler , Raffensperger , Valentino , McPeak , Del Rosso , and Cramer voting Aye . Nays - none ) . CLIFF STREET PUMP STATION RENOVATION Town Engineer Fabbroni noted that the specifications and design for the renovation of the Cliff Street Pump Station has been approved . However , the renovation is expected to cost around $ 40 , 000 . Funds for the project have been budgeted . Also , approved was the use of the Pearsall Place spare pump to replace one of the Cliff Street pumps . Therefore , he requested authority to advertise for bids . RESOLUTION N0 , 81 Motion by Supervisor Desch ; seconded by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Supervisor to advertise for bids to renovate the Cliff Street Pump Station , AND FURTHER BE IT RESOLVED , that the Pearsall Pump spare pump be used as a replacement pump at the Cliff Street Pump Station . ( Desch , Kugler , Raffensperger , Valentino , McPeak , Del Rosso and Cramer voting Aye . Nays - none ) . Town Board Minutes - 7 - May 12 , 1980 COUNTY REPRESENTATIVES REPORT County Representative Beverly Livesay reported that the County Board of Representatives had a short meeting . Students for the Consumer Complaint Bureau made a presentation . The Consumer Complaint Bureau is backed by the Budget Committee . If anyone receives any comments please feed them back to Mrs . Livesay . Mrs . Livesay reported that two reports on the old hospital have been prepared by the County Board of Representatives . One packet was prepared for the public sector , the other packet for the private sector , regarding the possibilities of selling or leasing the property . SIGN APPLICATIONS Something New A sign app ication from Something New Bridal Boutique was reviewed . The store has twenty feet of frontage and is requesting a sign 14 ' 6 " long and 16 " high to be placed on the face of the canopy . RESOLUTION NO . 82 Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca does hereby grant the sign application of Somthing New Bridal Boutique , Store 8 , East Hill Plaza . ( Desch , Kugler , Raffensperger , Valentino , McPeak , Del Rosso , and Cramer voting Aye . Nays - none ) . What ' s Your Beef What ' s Your Beef applied to the Planning Board for an additional twelve square feet of signage . The Planning Board approved the request , however , since the time the application was approved , twenty feet of What ' s Your Beef ' s frontage was given to Something New . RESOLUTION NO . 83 Motion by Councilman Cramer ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby returns to the Planning Board , the sign application of What ' s Your Beef for their recommendation , based on the fact that twenty feet of What ' s Your Beef ' s frontage was given to Something New . ( Desch , Kugler , Raffensperger , Valentino , McPeak , Del Rosso , and Cramer voting Aye . Nays - none ) . ZONING ORDINANCE - HEIGHT RESTRICTIONS Town Attorney James Buyoucos noted that the Town Zoning Ordinance placed no height limits in residential or agricultural zones . He felt that an amendment to the Zoning Ordinance regarding heights should be adopted , as soon as possible . Mr . Buyoucos felt that a reasonable maximum height should be set , any - thing over the maximum would require a variance . Town Engineer Fabbroni stated that the new Zoning Ordinance allowed thirty feet . Councilman Del Rosso suggested a height limit of forty feet , with measurement being taken from the basement to the roof . Town Board Minutes - 8 - May 12 , 1980 Mr . Buyoucos requested that figures for a height limit and what the measurement would include , be given to him as soon as possible . RESOLUTION NO . 84 Motion by Supervisor Desch ; seconded by Councilman Del Rosso , RESOLVED , that the Town Board of the Town of Ithaca will conduct a public hearing on June 9 , 1980 , at 7 : 30 P . M . , at the Town Offices at 126 East Seneca Street , Ithaca , New York , with regard to a height restriction on buildings in residential and agricultural zones and to consider the adoption of an amendment to the Zoning Ordinance . ( Desch , Kugler , Raffensperger , Valentino , McPeak , Del Rosso , and ® Cramer voting Aye . Nays - none ) . HIGHWAY PAVING PRIORITIES Superintendent Parkin stated that prices for highway materials have doubled . There will not be enough money in the budget to pave the scheduled two miles , unless the amount of material normally used is cut in half or only one mile is paved . Superintendent Parkin recommended that one mile of roads be paved , instead of the two miles originally planned . Town Engineer Fabbroni stated that the Town could take a chance on some of the raods not breaking up completely , and not pave all the roads that were scheduled . Councilman Del Rosso suggested that the roads which are in the worst shape and those with the most traffic be given top priority for repaving . RESOLUTION NO . 85 Motion by Supervisor Desch ; seconded by Councilman Del Rosso , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the repaving of one mile of Town roads instead of the two miles originally scheduled , AND FURTHER RESOLVES , that top priority be given to Cayuga Street , Extension , Crest Lane , East Buttermilk Falls Road , Glenside , Halcyon Hill Road , McIntyre Place , Pinewoods Place and Williams Glen Road . ( Desch , Kugler , Raffensperger , Valentino , McPeak , Del Rosso , and ® Cramer voting Aye . Nays - none ) . INTERIM COUNTY - WIDE PUBLIC SERVICE TRANSPORTATION PLAN ® Supervisor Desch stated that the Interim County - Wide Transportation Plan provided for mass transit in the County and the mechanics to coordinate the service . He noted that the plan is general at this point , basically an overview of areas which need mass transit . He further stated that the County would act - as - coordinator . RESOLUTION N0 , 86 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED , WHEREAS , the Tompkins County Commissioner of Planning as designated Section 18 Transportation Coordinator has prepared an Interim County - Wide Public Service Transportation Service Plan , and WHEREAS , the plan recognizes the need for public transportation in the Town of Ithaca as well as other critical service areas , and / 13 Town Board Minutes - 9 - May 12 , 1980 WHEREAS , the City of Ithaca and the Town of Ithaca are proceeding with the development of plans to serve the East Ithaca area of the Town , NOW THEREFORE , BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby endorses the interim County plan , including designation of the ITCTC as the primary coordinating mechanism providing the following specific objectives , are incroporated in the plan : ( 1 ) Identify the future role of the Northeast Transit with the view toward developing a permanent funding mechanism for the services on a multi - year basis while preserving the direct local participant input which has been a key to the success of this venture . ( 2 ) On a joint basis with the City and Town of Ithaca formalize plans for the extension of IT service to East Ithaca and or Cornell with an operational target date of September 1 , 1980 . ( 3 ) As coordinating agency the ITCTC will formalize a timetable for implementation of at least the specific proposals designated under the section " Specific Unmet Transporation Needs . " ( 1 ) East Ithaca ( as targeted above ) . ( 2 ) Service to Trumansburg , Dryden , Newfield , and Groton . ( Desch , Kugler , Raffensperger , Valentino , McPeak , Del Rosso , and Cramer voting Aye . Nays - none ) . TRAFFIC ENFORCEMENT IN THE NORTHEAST Supervisor Desch stated that some residents of the Northeast area have asked for additional traffic control . The proposed area to be covered would match the fire district . The Village of Cayuga Heights Police Department has agreed to provide an average of twenty hours per week coverage . The Supervisor noted that the Town would not expect to provide this service for more than one year , on a tax wide basis . After one year , the service would be provided on a special district basis . Supervisor Desch then read the following letter to be sent to the residents of the Town of Ithaca , outside of the Village of Cayuga Heights : Dear Friend : ® In response to a number of concerns expressed by residents in the ., northeast area of the Town , our Traffic Committee has evaluated a number of options for providing increased traffic enforcement ser - vices in the area . The Village of Cayuga Heights Board of Trustees and the Ithaca Town Board are considering a one year pilot program on a contractual basis , through the Village of Cayuga Heights Police force , for traf - fic enforcement services including speeding , stop sign , and parking violation coverage . Primary police coverage would still be the re - sponsibility of the County Sheriff and the State Police . The cost of the first twelve months of service is expected to be approximately $ 20 , 000 for an average of 20 hours per week , and an implementation date of September 1 , 1980 , is possible . Sufficient funds are available in the 1980 budget to start the program . How - ever , . in January 1982 , the service could become assessable as a special district , matching the boundaries of the fire service area covered under the contract with the Cayuga Heights Fire Department . 19 Town Board Minutes - 10 - May 12 , 1980 On the special district basis , the tax for the traffic enforcement services will be approximately $ . 50 per thousand dollars of assessed value , or for a home assessed at $ 50 , 000 , the taxpayers cost for the household would be $ 25 per year . We need your judgement as to the importance of this service in re - lation to cost . The Town Board is willing to provide the adminis - trative overview that goes with such services . Please drop us a note and express your views . Your response would be helpful in time for us to consider a decision at the July 7th Town Board Meet - ing . We are using our Town Newsletter mailing list , which is based on the voter registration in the Town . If you know of persons who should be made aware of this information , who may not be registered to vote , please forward a copy of this letter , or call Mrs . Jean ® Swartwood , Town Clerk with the information . RESOLUTION N0 , 87 Motion by Supervisor Desch ; seconded by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the above letter to be sent to the residents of the Town of Ithaca , outside of the Village of Cayuga Heights for additional traffic endorcement , and that the matter will be further discussed at the July 7 , 1980 , Town Board Meeting . ( Desch , Kugler , Raffensperger , Valentino , McPeak , Del Rosso , and Cramer voting Aye . Nays - none ) . PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE ZONING ORDINANCE OF THE TOWN OF ITHACA TO PROVIDE FOR THE ERECTION OF RADIO TRANSMISSION TOWERS IN AN AGRICULTURAL DISTRICT . Proof of posting and publication of notice of public hearing to consider the adoption of a local law amending the Zoning Ordinance of the Town of Ithaca to provide for the erection of radio transmission towers in an agricultural district having been presented by the Town Clerk , Supervisor Desch opened the hearing . Supervisor Desch read the proposed local law . Town Attorney James .Buyoucos stated that briefly the proposed law sets forth . .. the-. intent of the Town Board in adopting this local law . He further stated that he could have copied from an already existing law , however , this one is very unique . Therefore , the first part of the preamble says that the Town Board is setting up this use , as a use to be permitted only after procedures , set forth in the local law , are ® followed . The intent of the law is that radio towers may be erected pursuant to a special permit , only if the permit is granted after a fair hearing . A unique use is presented by radio towers . We are allowing an agency to grant a permit after a hearing . Mr . Buyoucos further stated that the applicant would present an application to the Building Inspector . The application will require more details , however , the remainder of the law is simple . The application , presented to the Building Inspector , is checked over by him to make sure all requirements have been met . The application is then presented to the Planning Board . The Planning Board will then make a recommendation to hold a public hearing . The notice of the public hearing will be published twice instead of once . The Planning Board acts just as they would for any other application , sending their recommendation to the Zoning Board of Appeals . The Zoning Board of Appeals will hear the appeal , then send their recommen - dation of approval , approval with conditions or denial back to the Planning Board . •'�, APRIL 1 , 1980 all ire the undersigned property owners and / or residents of the immediate area involved. , d.o hereby petition the Town of Ithaca Planning Board. to refuse the request of Cornell Radio Guild. , Inc . D / B /A WVBR , for installation of a radio broadcasting antenna transmitting tower at 245 Bundy Road , Town of Ithaca tax parcel no . 6 - 27 - 1 - 7 because ; 1 ) property valuations would be threatened as would sale potential 2 ) it would be an eyesore 3 ) homes are closer to the site than their petition suggests 4 ) residential and. agricultural districts should, be preserved 5 ) violation of zoning ordinance 6 ) the property should. remain on the tax rolls 7 ) WTKO has been denied, exactly that which WVBR is requesting ( le : public utility rating ) consistancy is needed. 8 ) the community does not lack for that coverage for which WVBR states as a need for the tower 9 ) this is a prime area for residential development 10 ) the danger of the tower falling outside of the property boundry and the breaking of guy wires , NAME ADDRESS - �...�� �/ e�h !��/y c.-� 1 � J� `nom' i e.' �! � J j�✓✓G�c-. i� . 'I� r , � / )X) dA , AT 4;2, (D Stgv. ej c.�4 r1 aM nN vas (3o0. Y cQ M \ cS . April 1 , 1980 We the und.ersigned property owners and. / or residents of the immediate area involved. , do hereby petition the Town of Ithaca Planning Board. . to refuse the request of Cornell Radio Guild. , Inc . D / B / A WVBR , for installation of a radio broadcasting antenna transmitting tower at 245 Bundy Road , Town of Ithaca tax parcel no . 6 - 27 - 1 - 7 because : 1 ) property valuations would be threatened. as would sale potential 2 ) it would. be an eyesore 3 ) homes are closer to the site than their petition suggests 4 ) residential and. agricultural districts should. be preserved. 5 ) violation of zoning ordinance 6 ) the property should. remain on the tax rolls 7 } WTKO has been denied. exactly that which WVBR is requesting ( le : public utility rating ) consistency is needed , . 8 ) the community does not lack for that coverage for which WVBR states as a need. for the tower 9 ) this is a prime area for residential development 10 ) the danger of the tower falling outside of the property bound.ry and. the breaking of guy wires . �N�AIME ADDRESS (j Al i Pce( . • t f / L ' liLI Adik April 1 , 1980 We the undersigned. property owners and. / or residents of the immediate ' area involved. , do hereby petition the Town of Ithaca Planning Board. to refuse the request of Cornell Radio Guild. , Inc . D / B / A WVBR , for installation of a redio broadcasting antenna transmitting tower at 245 Bundy Road , Town of Ithaca tax parcel no . 6 - 27 - 1 - 7 because : 1 ) property valuations would be threatened, as would. sale potential 2 ) it would be an eyesore 3 ) homes are closer to the site than their petition suggests _ 4 ) resid. ential and agricultural districts should. be preserved. 5 ) violation of zoning ordinance 6 ) the property should, remain on the tax rolls 7 ) WTKO has been denied exactly that which WVBR is requesting r ( le : public utility rating ) consistancy is needed 8 ) the community does not lack for that coverage for which WVBR : states as a need. for the tower 9 ) this is a prime area for residential development 10 ) the danger of the tower falling outside of the property bound.ry and. the breaking of guy wires . NAME ADDRESS f , V�La ZL Ali Q n April 1 , 1980 We the undersigned property owners and. / or residents of the immediate area involved , do hereby petition the Town of Ithaca Planning Board to refuse the request of Cornell Radio Guild. , Inc . D / B / A WVBR , for installation of a radio broadcasting antenna transmitting tower at 245 Bundy Road:, Town of Ithaca tax parcel no . 6 - 27 - 1 - 7 because ; 1 ) property valuations would. be threatened. as would sale potential 2 ) it would be an eyesore 3 ) homes are closer to the site than their petition suggests 4 ) residential and agricultural districts shold be preserved. 5 ) violation of zoning ordinance 6 ) the property should. remain on the tax rolls 7 ) WTKO has been denied. exactly that which WVBR is requesting ( lee, public utility rating ) consistancy is needed. 8 ) the community does not lack for that coverage for which WVBR states as a need for the tower 9 ) this is a prime area , for residential development 10 ) the danger of the tower falling outside of the property bound.ry and the breaking of guy wires . NAME ADDRESS '1 CLAk/ 'l -Vctc� cycam - // S ! Vc 74&'r / /ems .��' ��� � . 2 Ali April 1 , . 1980 We the undersigned property owners and. / or residents of the immediate area involved , d.o hereby petition the Town of Ithaca Planning Board. to refuse the request of Cornell Radio Guild. , Inc . D / B /A WVBR , for installation of a radio broadcasting antenna transmitting tower at 245 Bundy Road , Town of Ithaca tax parcel no . 6 - 27 - 1 - 7 because , 1 ) property valuations would. be threatened as would. sale potential 2 ) it would be an eyesore 3 ) homes are closer to the site than their petition suggests 4 ) residential and agricultural d.istricts . should be preserved. 5 ) violation of zoning ordinance 6 ) the property should, remain on the tax rolls 7 ) WTKO has been denied exactly that which WVBR is requesting ( lee, public utility rating ) consistancy is needed. 8 ) the community does not lack for that coverage for which WVBR states as a need for the tower 9 ) this is a prime area for residential development 10 ) the danger of the tower falling outside of the property boundry and. the breaking of guy wires , ANA ADDRESS a �p M April 1 , 1980 We the undersigned, property owners and / or residents of the immediate area involved , do hereby petition the Town of Ithaca Planning Board to refuse the request of Cornell Radio Guild. , Inc . D / B /A WVBR , for installation of a radio broadcasting antenna transmitting tower at 245 Bundy Road , Town of Ithaca tax parcel no . 6 - 27 - 1 - 7 because , 1 ) property valuations would. be threatened, as would. sale potential 2 ) it would be an eyesore 3 ) homes are closer to the site than their petition suggests 4 ) residential and agricultural districts should, be preserved. 5 ) violation of zoning ordinance - 6 ) the property should. remain on the tax rolls 7 ) WTKO has been denied exactly that which WVBR is - requesting ( le : public utility rating ) consistancy is needed. 8 ) the community does not lack for that coverage for which WVBR states as a need, for the tower 9 ) th:5 is a prime area for residential development 10 ) the danger of the tower falling outside of the property bound.ry and the breaking of guy wires . NAME ADDRESS ee AO Q , OL Y Oe 21, 0/1 -t_e 7 Olt C file April 1 , 1980 We the und.ersigned. property owners and. / or resid. ents of the immediate area involved. , do hereby petition the Town of Ithaca Planning Board. to refuse the request of Cornell Radio Guild. , Inc , D / B / A WVBR , for installation of a radio broadcasting antenna transmitting tower at 245 Bundy Road , Town of Ithaca tax parcel no . 6 - 27 - 1 - 7 because , 1 ) property valuations would. be threatened as would. sale potential 2 ) it would. be an eyesore 3 ) homes are closer to the site than their petition suggests 4 ) residential and agricultural districts should. be preserved. 5 ) violate zoning ordinance 6 ) property should remain on the tax rolls 7 ) WTKO has been denied exactly that which WVBR is requesting ( lee, public utility rating ) consistancy is needed 8 ) the community does not lack for that coverage for which WVBR states as a need for the tower 9 ) this is a prime area for residential development 10 ) the danger of the tower falling outsid.e of the property bound.ry and the breaking of guy wires . NAME ADDRESS r- t )221 Id / n /l5 14�2 et / '.gym Town Board Minutes - 11 - May 12 , 1980 Mr . Buyoucos felt one criteria for approval was at least six acres of land , as there needs to be enough land incase the structure falls , it will not fall on a highway or somebodys property . He also felt that five acres could be approved by the Zoning Board of Appeals , if not in a populated area . Mr . Buyoucos further noted that the second notice of the public hearing must be mailed to persons owning property within 1000 feet of the proposed site . The applicant is required to pay for this mailing . ® Roberta Chiesn , 159 Bundy Road , stated that a petition noting ten reasons inopposition to the tower being located on the Bundy Road was presented to the Planning Board . ( Petition attached to minutes ) . ® She further stated that she felt the Town Board should take a long hard look at the proposal to build radio towers in the Town of Ithaca . She questioned what would be the next request for a residential area , gas stations or junk yards ? Mr . Buyoucos stated that the proposed local law does not say a radio tower will be built , only that one could be built . If the law is adopted , those opposing the erection of radio towers have a chance to appear before the Planning Board and the Zoning Board of Appeals . He further stated that you will never have a local law that will satisfy all . There is very little zoning which will not effect anyone . If the Town Board should take the attitude that no radio towers can be built , it could be constitutionally illegal . Bob Lynch , WTKO stated that in 1970 , WTKO requested permission to place their towers on East King Road , however , their request was denied and . [AJTKO was forced to place their towers in Danby . He felt the discussion held on WTKO ' s request and those of WVBR do not show fairness towards WTKO . He asked if WTKO now requested permission to install their towers on the East King Road site , would it be considered ? Supervisor Desch answered no , as the East King Road site is not in an agricultural district . Mr . Lynch stated that he felt there was not much difference between the East King Road area and the Bundy Road area . Supervisor Desch stated that there was quite a difference from a land use standpoint and what areas are permitted for the erection of towers . He further stated that agricultural zones were the proper places for towers to be permitted . Mr . Lynch felt it was unfair to allow towers in agricultural districts and not in residential districts . Beverly Livesay stated that she felt television interference was a problem . WTKO towers in Danby interfer with television on Snyder Hill Road . She asked why this was not a concern of the Board ? Can something be included in the local law regarding the effect of the proposed use on other properties in the neighborhood ? Dan Geller of WVBR stated that there was a difference between FM and AM . FM was less likely to interfer with television . Mr . Lynch noted that he did not know of any television interference . Elizabeth Roscioli , 152 Bundy Road stated that she was confused . She had been to two or three meetings , and would like to know who makes the next move and what is next ? Town Attorney Buyoucos stated that the matter was referred to the Planning Board . WVBR came in under the assumption that their radio tower was a public utility . He further noted that there was nothing in the New York / 67� Town Board Minutes - 12 - May 12 , 1980 State laws which says radio towers are a public utility . Mr . Buyoucos answered Ms . Roscioli ' s question of what was next , by saying that if the Town Board approves the local law , it will be adopted . Mr . Buyoucos then addressing Mr . Lynch , noted that the Town was not competing radio stations against radio stations . Each application that goes before the Planning Board is decided on it ' s own merits . Mr . Lynch felt radio towers had no more right to be placed in an ® agricultural district than in a residential district . He felt the Town Board could not say no to residential districts , based on the evidence . Mr . Buyoucos noted that the Town Board chose not to allow towers in ® residential districts . Councilman McPeak stated that he had lived two blocks from an FM station , chanel 12 was the only station available , and he did not experience any interference in television reception . Dan Geller of WVBR said that the tower should not interfer with televison reception . Nich Krukowsky of 244 Bundy Road felt that television interference was a prime problem close to a transmitter . He was also worried about what would happen to reception from Binghamton and Syracuse . He noted that a filter works for ham radio equipment . He felt WVBR was wrong in their thinking , and that you could have interference a block or so away . Mrs . Michael Leach of 268 Bundy Road stated that she receives unusually good television and radio reception without the cable . They receive television from as far away as Watertown . She is afraid the WVBR tower might block this reception . Beverly Livesay noted that the Snyder Hill area received a weakened signal after WTKO put up their towers . Before that , the reception was good . Mr . Buyoucos said , after listening , I have come to the conclusion that no way can you have a radio tower without interferring with television . Councilman McPeak stated that this ( interference ) may or may not happen , depending on equipment . Extra filtering is sometimes needed . A strong radio signal may interfer with television . Councilman Del Rosso stated that it was unfortunate we are discussing this when we have an application for a radio transmission tower . He ® further stated that he didn ' t know if we need towers at all in the Town of Ithaca . Mr . Buyoucos noted that one court ruled radio stations were a public utility and another denied they were a public utility . A radio station , if recognized as a public utility , cannot be restricted . He further stated , that the Board could take a calculated risk and restrict a public utility . He urged the Board not to adopt the proposed local law tonight . Supervisor Desch closed the public hearing . Councilwoman Raffensperger felt that the Town Board should not say absolutely no towers . She felt a court case could leave the Board with few choices and a lot of conditions . She further noted that mobil home parks cannot be prohibited , but a municipality can limit them to a particular area with conditions . Town Board Minutes - 13 - May 12 , 1980 Mr . Buyoucos stated that the Town Board ' s proposed allowance of radio transmission towers in an agricultural district was reasonable , however , they should not be allowed in residential districts . Mr . Buyoucos then questioned the Town Engineeer on the need for an Environmental Assessment and an Impact Statement on a Type I Action . Mr . Fabbroni stated that he felt an assessment should be made . Councilman Del Rosso felt that the mailing of notices to property owners 1000 feet from a proposed tower should be increased , as the tower can be seen for miles . Councilman Cramer felt a height limit should be discussed . Attorney Buyoucos said each case should be determined on it ' s own and no height limit should be included in the local law . RESOLUTION NO . 88 Motion by Supervisor Desch ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby adjourns.- : the public hearing on the proposed local law to amend the Zoning Ordinance of the Town of Ithaca to provide for the erection of radio transmission towers in an Agricultural District and that a State Environmental Quality Review be completed , AND FURTHER BE IT RESOLVED , that the Town Board of the Town of Ithaca will conduct a public hearing on June 9 , 1980 , at 8 : 00 p . m . , at the Town offices at 126 East Seneca Street , Ithaca , New York , with regard to the amendment to the Zoning Ordinance and to consider the adoption of a local law in this regard . ( Desch , Kugler , Raffensperger , Valentino , McPeak , Del Rosso and Cramer voting Aye . Nays - none ) . TOWN HISTORIAN SCHOOL Supervisor Desch noted that the State Education Department will conduct a school for Town Historians from June 15 to June 18 , 1980 , and that our Town Historian Helen Blauvelt had requested permission to attend . RESOLUTION N0 , 89 Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Town Historian Helen Blauvelt to attend the Town Historian school . to be held at the Institute of Man in Rensselaerville , New York from June 15 , 1980 , to June 18 , 1980 . ( Desch , Kugler , Raffensperger , Valentino , McPeak , Del Rosso , and Cramer voting Aye . Nays - none ) . WATER AND SEWER BENEFIT REDUCTION - MRS . MILDRED KEIFFER Town Engineer Larry Fabbroni reported that Mrs . Mildred Keiffer of 253 Stone Quarry Road had requested a reduction in the Benefit Formula charged her property , on the basis of the rock and the grade of her land . Mrs . Keiffer would have a big problem in subdividing her land , Mr . Fabbroni reported , because of the requirements of the Health Department . He felt that Mrs . Keiffer should be granted a reduction of 2 . 8 units . RESOLUTION NO . 90 Motion by Councilwoman Raffensperger ; seconded by Counciwoman Valentino , Town Board Minutes - 14 - May 12 , 1980 RESOLVED , that applying the Town of Ithaca Water and Sewer Benefit Formula to 253 Stone Quarry Road , 3 . 6 frontage units and 2 . 2 rear acreage units for a total of 5 . 8 units were charged for 1980 taxes , and WHEREAS , the owner Mrs . Mildred Keiffer has appealed this charge on the basis of grade and rock , and WHEREAS , the Town Board has determined the following findings of fact unusual : to this one property from norms used to form categories in the Town of Ithaca Water and Sewer Benefit Formula : 1 . The downhill grade of the land is 10% to 20 % to the northwest . ® 2 . The groundcover over hard shale ranges from 0 to 22 feet of poorly drained soil . 3 . The closest public sewer is over 4 mile uphill and across Ithaca College lands to Danby Road southeast of the eastern property line requiring a pump station and force main . 4 . At the very least lots approved by the Health Department would require a 250 foot minimum dimension . 5 . It appears uneconomical to subdivide the 16 . 3 acres in question by any other means but to create lots with frontage on Stone Quarry Road because of the topography , road intersections , road cuts , rock , existing house locations , cost of utility improvements and lot size required . 6 . Theoretically , three lots with one home each might be allowed to front on Stone Quarry Road by the Health Department if subdivided . 7 . There is presently one one - family home on all 16 . 3 acres occupied by two elderly women . NOW THEREFORE , BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby grants relief of 2 . 8 units to 253 Stone Quarry Road from the Formula , and that such relief does not limit the Board ' s ability to change such judgement if and when any of the above findings change substantially . ( Desch , Kugler , Raffensperger , Valentino , McPeak , Del Rosso , and Cramer voting Aye . Nays - none ) . REPORT OF PLANNING BOARD CHAIRMAN Mr . Henry Aron , Chairman of the Planning Board reported that the Planning Board met on April 15 , 1980 , with all members present . The first item of business was the adjourned public hearing in the matter ® of the request of WVBR for installation of a radio broadcasting antenna transmitting tower at 245 Bundy Road . The Planning Board and those in attendance enjoyed a fine presentation by the Town Attorney , the public was heard , and the applicant was heard . ,, The result of this hearing was the determination that the applicant was before the wrong Board , it being that the Planning Board had no jurisdiction in the matter . Next on the agenda was the final review of the final draft document V n the charge of the Planning Board to propose revisions to the Town of Ithaca Sign Law . As you are now aware , that document - is presently before the Town Board and the Town Attorney . The final item on the agenda was approval of the Planning Board minutes of February 19 and March 18 , 19806 Town Board Minutes - 15 - May 12 , 1980 The Planning Board met again on May 6 , 1980 , with all members present . The Planning Board minutes of October 2 , October 23 , and December 4 , 1979 , were approved , reports were heard from the Building Inspector , the Town Engineer and the Town Planner . A public hearing was held in the matter of a 4 lot subdivision at 362 West King Road , proposed by Orlando Iacovelli and preliminary subdivision approval was granted . ® A public hearing was held in the matter of the consideration of a Neighborhood Park Facility within the community of Forest Home . Our Cornell HUD work - study student , Jon Witten , made a fine presentation to the Planning Board members . By unanimous vote , the Planning Board ® resolved to recommend to the Parks Committee and to the Town Board the acceptance of Site 3 for development for recreation purposes , such site being shown on the Map prepared by Mr . Witten and being located just west of the Cornell Filtration Plant . An application for Sign Permit was reviewed by the Board for a bridal boutique , known as Something New , located in the East Hill Plaza . By unanimous vote , the Board resolved its recommendation for approval by the Town Board . The Board was pleased to hear a report from the Chairman of the County Planning Board , Town Councilwoman Shirley Raffensperger , on the activities of the County Planning Board . In addition to reporting on the April meeting of the County Planning Board , the matter of the Warren Road improvements was discussed with Mrs . Raffensperger . Applications by ARC in connection with transportation was discussed and concern was expressed as to the relationship of NET in these proposals . By way of a person to be heard item on the agenda , Mrs . Raffensperger spoke to the Planning Board as a resident of the Southeast Ithaca area . She spoke in terms of long range planning needs and concerns and some short range solutions , with some emphasis on the various business zones within the Town and their planning aspects . There was a positive dialogue between the Planning Board and Mrs . Raffensperger with the Board feeling that such discussions are appropriate to the Planning Board ' s areas of concern . HIGHWAY SUPERINTENDENT Superintendent Robert Parkin reported that the necessary repairs have been made to the grader . Also , the new snow plow has been delivered and the new pick - up truck has been ordered . He further noted that Spring Clean - up Day took two days to complete . They are awaiting the delivery of the track so that doors may be installed on the Salt Storage building . The highway staff are now patching roads and cleaning ditches . Also , the highway facilities ® conversion from oil to gas has been completed . Councilman Del Rosso reported on an old couch which has been sitting , for quite some time , in a ditch at 150 Bundy Road . Superintendent Parkin agreed to contact Bill Mobbs of the Tompkins County Highway Department to request the County remove the old couch . TOWN ENGINEER Town Engineer Larry Fabbroni reported that the contract for painting the Trumansburg Road , Northview Road and Troy Road Water Tanks were signed May 9 , 19800 A preconstruction meeting is scheduled for May 16 , 1980 . He also noted that test patches have been done on the Town Hall . zoo Town Board Minutes - 16 - May 12 , 1980 Traffic counts are being taken around the Town . The south hill area is completed and they will be moving to west hill next week . Mr . Fabbroni noted that the CETA Program is an off again , on again project . Title IV was frozen , now it is reported that it has been unfrozen . He is looking into other CETA title programs in case . ths project does not materalize . LOCAL LAW N0 . 3 - 1980 ® Motion by Councilwoman Shirley Raffensperger ; seconded by Councilwoman Valentino , A LOCAL LAW PROVIDING FOR ENVIRONMENTAL REVIEW OF ACTIONS 'IN THE TOWN OF ITHACA I . Purpose The purpose of this Local Law is to implement , for the Town of Ithaca , the State Environmental Quality Review Act ( " SEQR" ) and the provisions of 6 NYCRR Part 617 as hereinafter defined . The intent of the State Environmental Quality Review Act and this Local Law is to provide a procedural framework for the inclusion of environ - mental considerations into the local decision - making process at the earliest possible time and for the mitigation of negative environmental impacts . It is the purpose of this Local Law that a suitable balance of social , economic , and environmental factors be incorporated into the planning , review and decision - making process of the Town of Ithaca . It is not the intention of SEQR and this Local Law that environmental factors be the sole or , necessarily , controlling consideration in the decision making process . II . Definitions A . The words used in this Local Law shall have the same meaning as such words are defined in Article 8 of the Environmental Conserva - tion Law and 6 NYCRR Part 617 . 2 as the same may be amended from time to time , unless the context requires a different meaning . B . The following terms shall have the following meaning : 1 : SEQR - The State Environmental Quality Review Act as set forth in Article 8 of the Environmental Conservation Law , 2 . Part 617 - Volume 6 of the New York Code of Rules and Regulations Part 617 ( 6NYCRR 617 ) . 3 . EAF - Environmental Assessment Form . ® 4 . S / EAF - Short Environmental Assessment Form . 5 . EIS - Environmental Impact Statement , 6 . D / EIS - Draft Environmental Impact Statement . 7 . Town - the Town of Ithaca . The following terms shall be defined and have the meaning as set forth in 6 NYCRR 617 . 2 : " Action " ; " Exempt Action " ; " Excluded Action " ; " Type I Action " ; " Type II Action " ; " Unlisted Action " ; and " Lead Action " ; " Critical Environmental Area . " III . Classification of Actions A . All actions may be classified as set forth in ( a ) through ,z o / Town Board Minutes - 17 - May 12 , 1980 ( e ) , below , and are defined in 6 NYCRR 617 . 2 . a . Exempt - enforcement proceedings , ministerial acts , maintenance and repair ; b . Excluded - approved prior to November 1 , 1978 ; c . Type II - actions which have been determined not to have a significant effect on the environment ; ® d . Type I - actions which are most likely to require pre - paration of an Environmental Impact Statement ; e . Unlisted - not otherwise listed but which require en - vironmental significance to be determined ; B . A person or department of the Town of Ithaca designated by the Town Board shall : a . Determine whether the proposed action is ( 1 ) exempt ( 2 ) excluded , or ( 3 ) Type II using the strictest interpretation of Part 617 and this Local Law . Where any doubts exists , such determination shall be referred to the lead agency as designated under the provisions of Section VII of this Local Law and to the Town Board in all other cases . b . Aid in designating lead agency or to make recommendations therefor . C . Designate the lead agency where only one agency is in - volved in the funding or approval process . d . Perform preliminary review of all applications , EAF , S / EAF , D / EIS , EIS and supporting documents to determine probable sufficiency as to the scope , form and content . e . Require that applicant complete EAF if any question on S / EAF has been answered " Yes " or if scope of proposal requires more detail . Aid applicant with any questions concerning forms or environ - mental review process . f . Determine whether application including all pertinent environmental documents is complete ; forward to the appropriate Town lead agency with a recommendation concerning environmental significance within a reasonable time to allow for review at the next regularly scheduled Town lead agency meeting . ® g . Assist agencies and applicants to identify other agencies including federal and state that may be involved in the approving , funding or carrying out Type I and Unlisted Actions . The burden for determining other involved agencies shall nevertheless rest solely on the applicant . IV . Type I Actions In addition to those actions listed in 6 NYCRR 617 . 12 , the following are hereby designated as Type I actions : 1 . Any of the following changes in the uses allowed by local law , ordinance , rule , regulations , special permit , variance or other - wise , within any zoning district which result in such change in use applying to a parcel or parcels of land of ten ( 10 ) or more acres in the district : Town Board Minutes - 18 - May 12 , 1980 a . authorization of industrial or commercial uses within a residential or agricultural district ; b . authorization of residential uses within an agricultural district . 2 . The construction of new residential units which meet or exceed the following thresholds : a . ten ( 10 ) units not to be connected ( at commencement of ® habitation ) to community or publicly - owned utilities ; b . thirty ( 30 ) units to be connected ( at the commencement of habitation ) to community or publicly - owned utilities . 3 . The construction, alternation , or demolition of non - residential facilities which meet or exceed any of the thresholds set forth in " a " through " d " below , or the expansion of existing non - residential facility by more than fifty per cent ( 50 % ) of any such thresholds , provided that the expansion and the existing facilities , when combined , meet or ex - ceed any threshold contained in section IV and 6 NYCRR 617 . 12 : a . a project which involves the physical alteration of ten ( 10 )) acres . b . a project or action which would use ground or surface water in excess of 100 , 000 gallons per day . ca parking for 100 vehicles . d . a facility with more than 25 , 000 square feet of gross floor area . 4 . Any action which takes place wholly or partially within or substantially contiguous to any Critical Environmental Area desig - nated by a local agency pursuant to 617 . 4 . 5 . Any facility , development or project which is to be located in a designated freshwater wetland . 6 . Mining of more than 1 , 000 tons of minerals removed from the earth within twelve ( 12 ) successive calendar months . The definition of mining and minerals shall be the same as that of the New York State Mined Land Reclamation Law , Section 420 . 1 ( J ) and ( K ) . 7 . Any facility which would generate more than 2 , 000 vehicle trips per any eight ( 8 ) hour period per day . 8 . Any facility , development or project which , when completed , would generate dual - wheel truck traffic or more than ten ( 10 ) vehi - cles per any eight ( 8 ) hour period per day . ® 9 . Any facility , development or project which would exceed New York State or Federal Ambient Air Quality standards , whichever is more restrictive . 10 . Any facility , development or project which would exceed New York State or Federal Water Quality standards , whichever is more re - strictive . 11 . Abandonment of a town highway or highways , or any portion thereof , whether or not such highway or highways is shown on the Official Town Highway Map . V . Type II Actions In addition to those actions listed in 6 NYCRR 617 . 12 , the following are hereby designated as Type II actions : Town Board Minutes - 19 - May 12 , 1980 1 . The construction or alternation of a single or two - family residence and accessory structures not in conjunction with the con - struction of alteration of two or more such residences and not in a . designated Critical Environmental Area , freshwater wetland , or other specially protected area . 2 . The extension of water , sewer , gas , electric , telephone , or television cable utility facilities to serve new or altered single or two - family residential structures or to render service in approved subdivisions , in an area other than a designated Critical Environmental ® Area , freshwater wetland , or other specially protected area . 3 . The construction or alteration of a store , office , or restau - rant , provided such use is permitted , under any local law , ordinance , ® rule or regulation , which is designed for a maximum occupancy of twenty ( 20 ) persons or less , if not in a designated Critical Environ - mental Area , freshwater wetland or other specially protected area . 4 . The operation , repair , or maintenance of existing structures , facilities , land uses , and equipment . 5 . All tree planting , landscaping , and trimming by Town of Ithaca Highway Department . 6 . The reconstruction , replacement , or restoration of existing structures , facilities , roadways , and equipment located on the same site and having the same purpose , including , but not limited to : a . roadways , shoulders , curbs , bridges , culverts , and intersections safety devices . b . deteriorated or damaged structures , facilities or mechanical equipment to meet current standards of public health and safety . VI . Required Forms - Initial Review Actions may include projects or physical activities which change the use or appearance of any natural resource or structure or are planning activities of an agency that commit an agency to a course of further decisions , or agency rules , regulations , procedures and policy making , or a combination or any of the above actions may be such actions clas - sified as : Direct actions - directly undertaken by an agency . Funding actions - involving funds by an agency . Permitting actions - requiring one or more permits from an agency or agencies . a . Direct Actions : All direct actions to be carried out by an agency , board , body , or officer of the Town shall require the preparation by the Town of ( 1 ) An EAF if Type I action . ( 2 ) A S / EAF if Unlisted action . If any question on a S / EAF is answered " Yes " , an EAF is required . b . Funding Actions : All actions which involve funding by an agency shall require the preparation of Town Board Minutes - 20 - May 12 , 1980 ( 1 ) a EAF if Type I action . ( 2 ) a S / EAF if Unlisted action . If any question on a S / EAF is answered " Yes " , an EAF shall be required . C . Permitting Actions : All permitting actions shall require the preparation of ( 1 ) an EAF if Type I action . ( 2 ) an S / EAF if Unlisted action . ® If any question on a S / EAF is answered " Yes " , or , if the reviewer deems that more detailed information is needed , an EAF shall be required . VII . Lead Agency Lead Agency shall be determined as follows a . Action involving one Agency : Where a single agency ( 1 ) has proposed to directly undertake an action which does not require funding or approval of any other agency , or ( 2 ) has received an application to fund or approve an action over which no other agencies have approved authority , that single agency shall be called " Lead Agency " , and such final de - signation of lead agency shall be made as follows : a . The Town Board shall be the lead agency with respect to the following : the adoption , the amendment , or change in any zoning law , ordinance , rule or regulation governing the use of land and the construction , alteration or maintenance or improvements to real prop - erty ; the amendment or changing of the Town Zoning Map ; the abandon - ment of a Town highway or highways , or any portion thereof ; the con - struction or expansion of Town buildings , structures and facilities within the Town ; the purchase , sale or lease of real property by the Town . b . The Zoning Board of Appeals shall be the lead agency with respect to interpretation of all Zoning laws , ordinances , rules or regulations , and the granting of variance or special permits . ® C . The Planning Board shall be the lead agency with respect to subdivision approvals , site plan approvals and sign approvals . b . Actions Involving Multiple Agencies : Where an agency has proposed to directly undertake an action or has received an application for an action requiring funding or approval by more than one agency , the " lead agency " shall be determined in accordance with 6 NYCRR 617 . 6 ( 6 ) . C . Where the Town lead agency cannot be determined by application of the above guidelines , the Town Board shall designate the lead agency , unless any provisions of the Environmental Conservation Law , or any rules and regulations adopted by the Department of Environmental Con - servation supersede or prevail in this respect over this local law . 2m J- Town Board Minutes - 21 - May 12 , 1980 VIII . Determination of Environmental Significance a . After being duly designated , the lead agency shall make all determinations of environmental significance . Such determination is to be made at the next regularly scheduled lead agency meeting fol - lowing the receipt by it of the required environmental forms and all other required documents completely executed , and provided that suf - ficient copies for each agency member are received by the lead agency at least fifteen calendar days before such meeting . Nothing contained herein shall preclude the lead agency from adjourning the meeting from time to time . ® All determinations by the lead agency shall be by resolution duly adopted by the lead agency . b . Such determination of environmental significance shall be one of the following : ( 1 ) Negative Declaration of Environmental Significance . Upon a determination having been made and filed , that the proposed action will not have a significant effect on the Environment , the action shall be pro - cessed without further regard to SEQR , Part 617 or this Local Law . ( 2 ) Positive Declaration of Environmental Significance . Upon a determination having been made and filed that the proposed action may have a significant effect on the environment , the applicant and all other involved agencies shall be notified in ac - cordance with 6 NYCRR 617 . 10 ( c ) that a D / EIS is required . IX . Negative Declaration of Environmental Significance a . A Negative Declaration of Environmental Significance shall be prepared , filed and mailed as follows : ( 1 ) For Type I actions - as prescribed by 6 NYCRR 617 . 10 ( b ) . ( 2 ) For Unlisted actions - ( a ) involving one agency - as prescribed by 6 NYCRR 617 . 7 ( e ) ( 2 ) . ( b ) involving multiple agencies - as prescribed ® by 6 NYCRR 617 . 7 . b . Negative Declarations of Environmental Significance Based on Mitigation Measures . ® Notwithstanding the prior issuance of a Positive Declaration of Environmental Significance by the lead agency , the lead agency may thereafter at any stage of the proceedings examine the proposed measures to mitigate such significance , and on the basis of such measures , make a determination that although the project could have a significant effect on the environment , there will not be a signif - icant effect in this case because mitigation measures have been in - cluded as part of this project . X . Positive Declaration of Environmental Significance a . If the lead agency makes a Positive Declaration of Environ - mental Significance , thus requiring that a D / EIS be prepared , the matter shall be processed as provided in 6 NYCRR 617 . 8 , 617 . 9 , and 617 . 10 . � a6 Town Board Minutes - 22 - May 12 , 1980 b . In the case of an application for approval or funding , the D / EIS shall be prepared by the applicant . Upon receipt of the D / EIS , the lead agency shall determine by resolution whether to accept the D / EIS as satisfactory as to scope , form and adequacy . C . Upon the adoption by the lead agency of a resolution to accept the D / EIS , the lead agency shall file a Notice of Completion of the D / EIS in accordance with the requirements provided in 6 NYCRR 617 . 10 . d . All time limits applicable to the processing of a D / EIS and EIS shall commence to run on the date of filing of the Notice of Completion of the D / EIS . ® XI . Time Limits An application for a permit or funding shall be deemed complete so that time limits may commence to run when , as is appropriate in each case , one of the following events occurs : a . The designated person or department of the Town of Ithaca has deemed the application along with pertinent environmental forms to be complete . b . The action as been determined to be exempt , excluded , or a Type II action and such determination has been filed with the Town - Clerk . c . A Negative Declaration of Environmental Significance has been issued and such declaration has been filed with the Town Clerk . d . A D / EIS has been determined to be complete and a notice of completion has been issued , and such determination and notice have been filed with the Town Clerk . XII . Public Hearings Public Hearings on the D / EIS shall be held concurrently with any hearings required to be held by other involved agencies to the fullest extent practicable . XIII . Fees The fees for review or preparation of an EIS involving an appli - cant for approval or funding of an action shall be fixed from time to time by a resolution of the Town Board . XIV . Critical Areas ® Critical areas of environmental concern may be designated by the Town Board pursuant to 6 NYCRR 617 . 4 ( j ) . XV . Actions Involving Federal Agencies ® Environmental Review of actions involving a federal agency shall be processed inaccordance with 6 NYCRR 617 . 16 . XVI . Effective Date This Local Law shall take effect immediately upon its filing in the Office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law . Supervisor Desch called for a roll call vote . Councilman Cramer Voting Aye . Councilman Del Rosso Voting Aye . Councilman Kugler Voting Aye . Town Board Minutes - 23 - May 12 , 1980 Councilman McPeak Voting Aye . Councilwoman Raffensperger Voting Aye . Councilwoman Valentino Voting Aye . Supervisor Desch Voting Aye . The Local Law No . 3 - 1980 , was thereupon declared duly adopted . Supervisor Desch noted that Local Law No . 3 - 1980 , was on the desks of the Council , seven days prior to the passing of this local law . ® TOWN OF ITHACA WARRANTS RESOLUTION NO . 91 ® Motion by Councilman Del Rosso ; seconded by Supervisor Desch , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca warrants dated May 12 , 1980 , in the following amounts : General Fund - Town Wide . . . . . . . . . . . . . . . . . . . $ 43 , 678 . 83 General Fund - Outside Village . . . . . . . . . . . . . $ 62546 . 05 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . $ 37 , 321 . 32 Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . $ 1 , 695 . 79 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20 , 720 . 93 Federal Revenue Sharing . . . . . . . . . . . . . . . . . . . . $ 23 , 217 . 00 Lighting Districts . . . . . . . . . . . . . . . . . . . . . . . . . $ 220 . 31 Parks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8087 ( Desch , Kugler , Raffensperger , Valentino , McPeak , and Del Rosso voting Aye . Nays - none . Abstaining - Cramer ) . BOLTON POINT WARRANTS RESOLUTION NO . 92 Motion by Supervisor Desch ; seconded by Councilman Del Rosso , RESOLVED , that the Bolton Point Warrants dated May 12 , 1980 , in the Operating Account are hereby approved , in the amount of $ 53 , 297 . 66 , after review and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission they are in order for payment . ( Desch , Kugler , Raffensperger , Valentino , McPeak , and Del Rosso voting Aye . Nays - none . Abstaining - Cramer ) . ADJOURNMENT The meeting was duly adjourned . an H . Sw twood 'Town Terk