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HomeMy WebLinkAboutTB Minutes 2018-10-29 Meeting of the Ithaca Town Board Monday, October 29, 2018 at 4:30 p.m. Agenda 1. Form Based Zoning—begin looking at first draft language 2. Discuss and consider adoption of IO Independent Contractor Agreement 3. Discuss and consider adoption of revised Sexual Harassment Prevention Policy 4. Discuss and consider adoption of a Parental Leave Benefit Policy 5. Discuss and consider approval of 2018 Water and Sewer re-Levy of Delinquent 2017/2018 Water and Sewer Rents 6. 5:30 p.m. Public Hearing regarding changes to the Stream Setback Provisions a. SEQR b. Adoption 7. Committee Reports Budget Planning Public Works Personnel and Organization Codes and Ordinances Other or Intermunicipal 8. Report of Town Officials 9. Correspondence—Ithaca College Catering ABC letter 10. Consent Agenda a. Town Board minutes b. Town of Ithaca Abstract 11. Consider entering closed session to discuss union negotiations 12. Consider adjournment TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Paulette Rosa, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper,Ithaca Journal: ❑ ADVERTISEMENT/NOTICE ❑ NOTICE OF PUBLIC HEARINGS ❑ NOTICE OF ESTOPPEL ❑ NOTICE OF ADOPTION OF PUBLIC INTEREST ORDER Local law to modify provisions of the Stream Setback ow h law The Ithaca Tc+Ww's Board w,11( ptcr4d a puriic"hearing at < m eting ,at 215 Ticsga Ithaca, on ocrtober'2gM0, beginning at 530 p.m. ro- garding a proposed' local laver.amending the ToWFt,0f Ithaca code,,, chapter"";? : Entitled ""Zonin "+to mom fy provisions cad tlroa Stream, Setback Jaw peA1nBr?rsg the identi!tication31 of tide", Location of Sign Board Used for Posting: sten on apps" t� t� �� tl ,. PW Town Clerk's Office r w�silot,V r"o i �r u �a 50 215 North Tioga Street i d `t` pelrt rgard- . .p�o Ithaca, NY 14850 jette 40, Taarn cli, 1t?I^Ig1�r1�� a�tpr�iaoi Town website at www.town.ithaca.ny.us Date of Posting: 10/19/2018 Date of lication: 10/19/2018 Paulette Rosa Town Clerk STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and subscribed before me this day of "'r,�� Notary Public Debra 17eA,ugistirre Notary No PUblic �York DE6148035 ouaiified in Tompkins County My commission Expires,lune 19,20 , Meeting of the Ithaca Town Board Monday, October 29, 2018 at 4:30 p.m. Minutes Board Members Present: Bill Goodman, Supervisor; Pamela Bleiwas, Pat Leary, Rod Howe, Rich DePaolo, Tee-Ann Hunter Absent: Eric Levine Staff Present: Susan Ritter, Director of Planning; Bruce Bates, Director of Code Enforcement; Mike Solvig, Director of Finance; Judy Drake, Director of Human Resources; Dan Tasman; Planner; and Debra DeAugistine, Deputy Town Clerk 1. Form Based Zoning Presentation Ms. Ritter said the working group has been working on this document and the draft is still in redline form; it's probably 90 to 95 percent finished at this point. David West and Rob Steuteville introduced the working draft of the new Form Based Zoning and answered some questions from the board. Mr. Goodman suggested setting up a separate meeting for just this topic for any board members interested in getting into the details. That way, the rest of the department heads don't have to attend. 2. IO Independent Contractor Agreement Ms. Hunter said the IO wants to spend $2000 of the member dues to hire an independent contractor to survey the municipalities within the watershed regarding current water quality projects, recently completed water quality projects, and projects they have planned for the near future. This will provide a base of information for the upcoming grant—a snapshot of what is going on in the watershed as we begin to establish criteria and a matrix for prioritizing projects. The IO offered the position to Jennifer Karius, who has accepted, and she needs to contract with the town. TB Resolution 2018-136: Authorization for the Town Supervisor to Sign an Independent Contractor Agreement for the Cayuga Lake Watershed Intermunicipal Organization (IO) Whereas the IO has determined it would be advantageous to have a list of current and recently completed water-quality-related projects undertaken by municipalities and soil and water conservation districts within the Cayuga Lake watershed, and Whereas the IO has decided to hire an Independent Contractor to create a catalogue of such projects within the Cayuga Lake watershed at a fee of$2,000 to be paid upon completion and acceptance of the work, and Whereas after interviewing several candidates, the IO has voted to recommend hiring Jennifer Karius as an Independent Contractor to complete the work; now therefore be it Resolved that the Town Supervisor is authorized to sign said independent contractor agreement on behalf of the IO. Moved: Tee-Ann Hunter Seconded: Rich DePaolo Vote Ayes: Goodman, DePaolo, Leary, Bleiwas, Howe, Hunter 3. Discuss and consider adoption of revised Sexual Harassment Prevention Policy Ms. Drake said the town already has a sexual harassment policy and training that goes along with it; we just had to update it to make it more specific to the state requirements. The new policy extends out to elected and appointed officials. Ms. Bleiwas added that we started with a model policy provided by the state because we didn't want to reinvent the wheel and there were a lot of requirements to meet. Ms. Drake then made some tweaks after attending some conferences and hearing from several attorneys. Mr. Goodman said that Bolton Point has adopted the policy and that there is a required training coming up. Ms. Drake said the state extended the required trainings until the end of 2019, but we already had plans to complete it by end of this year, so we're going forward with that. We've been holding the training concurrently with safety training, but this year, she has a trainer coming in to make sure it's detailed and covers everything. We used to be able to have people watch a video or do a Power Point presentation on their own, but one of the new requirements is that there has to be a live person to answer questions. The trainings will be held November 27th from 9:30 to 11:30 at town hall and from 1 to 3 at Bolton Point and also on December 4th at public works from 9 to 11 or 1 to 3. She will send this out in an email and ask people to sign up. Mr. DePaolo said the policy itself doesn't refer to the mandatory training, and he thought it would be informative to people in the town to know we're receiving training. Ms. Drake responded that the state didn't include it in their policy; it's in the law that the training has to be provided annually. She would prefer not to include it in the policy because we provide state-required training on lots of things, like violence in the workplace, and we don't list those in our other policies. TB Resolution 2018-137: Adoption of Revised Sexual Harassment Prevention Policy Whereas, the Personnel & Organization Committee has reviewed the revised Sexual Harassment Prevention Policy, which will bring the policy into compliance with 201-g of NYS Labor Law; and Whereas, the Personnel & Organization Committee recommends adopting the revised Sexual Harassment Prevention Policy to replace the current policy in the Personnel Manual; now therefore be it Town Board Meeting 10-29-2018 page 2 Resolved, that the Town Board of the Town of Ithaca hereby approves the revised Sexual Harassment Prevention Policy to replace the current policy in the Personnel Manual; and be it further Resolved, the Human Resources Manager is directed to update the policy in the Personnel Manual and Safety Manual. Moved: Tee-Ann Hunter Seconded: Rich DePaolo Vote Ayes: Goodman, DePaolo, Leary, Bleiwas, Howe, Hunter 4. Discuss and consider adoption of a Parental Leave Benefit Policy Ms. Drake said this is a completely new policy to the town, not something we're revising. Part of the reason is that under NYS Paid Family Leave, some employees would be covered, but we're not subject to that, so we created something that would work for us. Ms. Bleiwas said we tried to be flexible because not everyone's family welcomes a new child in the same manner and people have different needs. Ms. Drake said part of the reason this came up is that we have several new, younger employees, and a couple of them would have benefited from this policy this year. The policy is to help once the child is actually born, adopted, or placed, not to help during the time leading up to that, such as for medical appointments. TB Resolution 2018-138: Adoption of Paid Parental Leave Policy Whereas, starting January 1, 2018, NY State's Paid Family Leave provides New Yorkers with job protected,paid leave to bond with a new child, care for a loved one with serious health condition or to help relieve family pressures when someone is called to active military service abroad; in which municipalities had the right to "opt out" of this law; and Whereas, the Town of Ithaca did opt out due to the fact that the Town offers an enhanced disability policy that would not allow this new law to be covered; and Whereas, the Personnel & Organization Committee drafted a Paid Parental Leave Policy, which would provide some paid time for a parent to run in conjunction with the Family Medical Leave Act unpaid job protection time; and therefore be it Resolved, the Town Board of the Town of Ithaca hereby approves of the recommended Paid Parental Leave Policy, effective November 1, 2018; now be it further Resolved, the Human Resources Manager is directed to include the policy in the Personnel Manual and Safety Manual. Moved: Pamela Bleiwas Seconded: Rod Howe Town Board Meeting 10-29-2018 page 3 Vote Ayes: Goodman, DePaolo, Leary, Bleiwas, Howe, Hunter 5. Discuss and consider approval of 2018 Water and Sewer re-Levy of Delinquent 2017/2018 Water and Sewer Rents TB Resolution 2018-139: Authorization for 2018 Water & Sewer Re-levy Delinquent 2017/2018 Water & Sewer Rents TOWN OF ITHACA Reconciliation of Receivables ITEM# DESCRIPTION WATER SEWER TOTALS 1 Delinquent Re-levies $ 123,013.44 $ 68,659.56 $ 191,673.00 2 Billing Credits $ (10,007.82) $ (2,160.79) $ (12,168.61) Account Receivable Balance: $ 113,005.62 $ 66,498.77 $ 179,504.39 Whereas, (Item No. 1 above) $191,673.00 of delinquent water and sewer charges inclusive of penalties and related surcharges for the billing period 12/1/17, 3/1/18, 6/1/18, and 9/1/18 remain unpaid and due to the Town as of October 15, 2018 to be re-levied onto the 2019 Town and County Tax Bills; and Whereas, (Item No. 2 above) ($12,168.61) of billing credits will be carried forward for the December 2018 Water & Sewer Billing cycle; and Whereas, Town Code Chapter 261 and Town Code Chapter 210 provides for all delinquent accounts for payment of water and sewer rents and related charges to be placed on the ensuing years tax roll as a re-levy; now therefore be it Resolved, that this governing Town Board approves the list of delinquent water and sewer charges of$123,013.44 and $68,659.56 respectively, for re-levy to the 2019 Town and County Tax Roll; and be it further Resolved, that a certified copy of this resolution along with a listing of those re-levied water and sewer charges are to be delivered to Tompkins County Assessment Department by the Town Receiver of Taxes for the purpose of adding these delinquent charges to the 2019 Town and County Tax Roll, the Finance Officer for accounting purposes, and to the Southern Cayuga Lake Intermunicipal Water Commission for the purpose of reconciling and account billing purposes. Moved: Rich DePaolo Seconded: Rod Howe Vote Ayes: Goodman, DePaolo, Leary, Bleiwas, Howe, Hunter 6. 5:30 p.m. —Public Hearing regarding changes to the Stream Setback provisions Mr. Goodman opened the public hearing at 5:30; hearing no one, he closed it at 5:31. Town Board Meeting 10-29-2018 page 4 Ms. Ritter said the major modification was to clarify that an approximation of the stream setback would be appropriate. To get precise metes and bounds of a setback on a stream when it changes so much along its course and when the stream is long is an onerous requirement, especially when no development is planned nearby. We've coupled it with additional language that strengthens the law: if you are going to be developing within a certain distance from the outer edge of zone 2, you need to provide evidence that it's outside the stream setback, for example, by providing it on a drawing or by flagging it on the property. Also you will be required to place a note on the approved plat or site plan that says the property is subject to the stream setback law and that regulations apply. TB Resolution 2018-140: SEQR: Adoption of a Local Law Amending the Town of Ithaca Code, Chapter 270 Entitled"Zoning,"to Modify Stream Setback Provisions Pertaining to the Identification of Stream Setbacks on Applications and Plats and Other Related Provisions Whereas, this action is the adoption of a local law amending Town of Ithaca Code, Chapter 270 entitled "Zoning", to modify Stream Setback provisions; and Whereas, this is a Type I Action for which the Town of Ithaca Town Board is acting as Lead Agency in an environmental review with respect to the enactment of this local law; and Whereas, the Town Board, at its meeting held on October 29, 2018 has reviewed and accepted as adequate the Full Environmental Assessment Form (EAF), Parts 1, 2 and 3, for this action, prepared by the Town Planning staff, Now, therefore, be it Resolved, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law, 6 NYCRR Part 617 New York State Environmental Quality Review, and Chapter 148 Environmental Quality Review of the Town of Ithaca Code for the above-referenced action as proposed, based on the information in the EAF Part 1 and for the reasons set forth in the EAF Parts 2 and 3, and, therefore, a Draft Environmental Impact Statement will not be required. Moved: Rich DePaolo Seconded: Rod Howe Vote Ayes: Goodman, DePaolo, Leary, Bleiwas, Howe, Hunter TB Resolution 2018-141: Adoption of Local Law No. 5 of 2018 Amending the Town of Ithaca Code, Chapter 270 Entitled"Zoning,"to Modify Stream Setback Provisions Pertaining to the Identification of Stream Setbacks on Applications and Plats and Other Related Provisions Whereas, at their meeting on October 10, 2018 the Codes and Ordinances Committee (COC) discussed and recommended to the Town Board modifications to the Stream Setback provisions that included allowing an approximate identification of the stream setback on applications,plats, and site plans, rather than a precise delineation, and requiring that an applicant seeking approval for a development activity, located within 100 feet of the outer edge of Zone 2,provide evidence that the activity will occur outside the stream setback, and requiring that a note be placed on Town Board Meeting 10-29-2018 page 5 approved plats and site plan that the property is subject to the requirements of the Stream Setback provisions, and Whereas, the Planning Board, at its meeting on October 16, 2018, reviewed the proposed modifications to the Stream Setback provisions and indicated their support for the language as proposed, without any changes, and Whereas, the Ithaca Town Board scheduled a public hearing to be held by the Board on October 29, 2018 at 5:30 p.m. to hear all interested parties on the proposed local law entitled "A Local Law Amending the Town of Ithaca Code, Chapter 270 Entitled"Zoning," To Modify Stream Setback Provisions Pertaining to the Identification of Stream Setbacks on Applications and Plats and Other Related Provisions", and Whereas, notice of said public hearing was duly advertised in the Ithaca Journal, and Whereas, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof, and Whereas,pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, adoption of said local law is a Type I Action for which the Town Board of the Town of Ithaca, acting as lead agency in an environmental review with respect to adoption of this local law, has, on October 29, 2018, made a negative determination of environmental significance, after having reviewed and accepted as adequate the Long Environmental Assessment Form Parts 1, 2 and 3, and Whereas, the Town Board finds that the amendments to the Town Code modifying the Stream Setback provisions further the health and welfare of the community are in accordance with the Comprehensive Plan, Now, therefore, be it Resolved, that the Town Board of the Town of Ithaca hereby adopts Local Law No. 5 of 2018 entitled"A Local Law Amending the Town of Ithaca Code, Chapter 270 Entitled "Zoning," to Modify Stream Setback Provisions Pertaining to the Identification of Stream Setbacks on Applications and Plats and Other Related Provisions"; and it is further Resolved, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. Moved: Rich DePaolo Seconded: Rod Howe Vote Ayes: Goodman, DePaolo, Leary, Bleiwas, Howe, Hunter 7. Committee Reports Town Board Meeting 10-29-2018 page 6 Planning committee: Mr. DePaolo reported that the committee hadn't met since April. We took another look at the changes made to the Chain Works PDZ language pursuant to Susan Brock's review. We also discussed an appraisal related to the purchase and development rights of a 51- acre property off Bostwick Road, bordering Enfield Falls Road. The committee looked favorably upon forwarding it for review by the full board. Ms. Ritter said they applied to the Purchase of Development Rights (PDR)program. The property is used for landscape trees,particularly conifers, but not to be used as Christmas trees. In the past, more of the property was used for agriculture, and that could happen again in the future. There is also a beautiful tree-lined gorge on the property. If the town board agrees to this, we would put it in a conservation easement and work to figure out where on the property we would not want any development to occur, to protect it for agriculture. In May, the town board agreed to get an appraisal, and the value of the conservation easement came out to $78,000; the owners have agreed to this amount. The planning committee is recommending that the town board move forward. Mr. DePaolo pointed out that that's considerably less per acre than what we paid for the Indian Creek easement. Mr. Goodman added that we have the same type of easement on the Indian Creek Farm and Lisa and Gary Ferguson's Laughing Goat Fiber Farm. He said the next steps involve using staff time to prepare documents and hiring someone to do a new survey, so before we move forward and spend money, he wanted to make sure the board didn't have any concerns. There will be formal approval processes once the documents are drafted, so he'll need authorization from the board before signing anything. Personnel and Organization: Mr. Goodman pointed out that we're going to have an executive session at the end of this meeting to discuss union negotiations. Codes and Ordinances Committee: Mr. Goodman reported that we did the stream setback law; we also talked briefly about the noise ordinance changes and touched on revisiting outdoor burning with the additional information we got from Fred Estabrook about the situation on South Hill. We'll continue those two discussions at the next meeting. Sewer Joint Commission: Mr. DePaolo said there was discussion about the orders of compliance that have been issued to Ithaca Beer, which have been extended bilaterally or unilaterally ignored. There was a general sense among the commission that we need to be more stringent about our interpretation of what those compliance orders are actually requesting. The Ithaca Beer representative seemed content, and the board ultimately agreed that the lawyers are in consultation and that any correspondence will be done through counsel. Mr. Goodman added that Susan Brock suggested putting on the agenda for our regular November meeting a closed session to seek advice from counsel for an update on Ithaca Beer. Mr. Goodman said we realized that the figures we had been providing the SJC in the past included areas in the town whose sewage feeds directly into the Cayuga Heights plant. After review of the different accounts in the northeast part of the town and Cayuga Heights, it looks like there will be a reduction in the percentage of the sewer treatment plant's budget we'll be responsible for and that we'll be saving about $100,000 next year. Town Board Meeting 10-29-2018 page 7 Mr. DePaolo asked whether there's consideration of retroactive compensation for overpayment. Mr. Goodman said we can seek advice of counsel in the closed session at the next meeting, but since we gave them figures in the past, they can claim we gave them faulty figures, and it was therefore our fault. TCCOG: Mr. Goodman said we talked about the county's housing goals. David West was hired by the county planning department to work on housing issues and to implement the recommendations brought about by the county housing study. The county has created a small grant program that municipalities throughout the county can apply for to get small amounts of money to work on proposals for affordable housing grants that advance the county's housing goals. At the next meeting, we'll invite people from TCAT and the Chamber of Commerce to talk about economic development and tourism issues throughout the county. Ms. Hunter said Amanda Champion called her regarding a resolution in support of the plastic bag ban that's in front of the county; she'd like to get it on a town board agenda. Mr. Goodman asked whether it's still in front of committee. Ms. Hunter responded that they're in support of studying the issue for six to eight months. She'd like to hear from solid waste about what is happening with our recyclables, given that many nations are no longer taking them. She will forward a sample resolution and thinks it would be nice for all of municipalities to be considering the same resolution. Short Term Rental Committee: Mr. Goodman said this committee met just before the meeting. Residents from the lakefront residential zone sent us letters; our current proposal doesn't include lakefront residential or the ag or conservation zones, but it's a different situation from STRs in other neighborhoods. There was some correspondence from the Renwick Heights neighborhood and some neighbors came in, so we had a discussion about any changes we might make to the draft to account for areas where there might be a conglomeration of STRs in a small neighborhood that would have a greater impact than in areas where there are just a few. It doesn't look like we'll make any changes to our current draft because some of the restrictions we're putting in place should address some of their complaints and concerns. We'll look further at enforcement and the penalties we'll impose for violations. Mr. DePaolo, looking to support his contention that Renwick Heights seems to be either more problematic or more vocal than any other area of the town, asked Mr. Bates if he had any anecdotal evidence that shows we're dealing with a chronic town-wide problem or if it's more or less a localized problem in Renwick Heights. Mr. Bates said there are a few other neighborhoods; lots of time, he just receives a phone call. The lakefront complaints are from full-time residents, more on the east shore than on the west shore. He's had some complaints from residents in the Northview/Juniper area, although it's a not constant, ongoing problem like from Renwick Heights. He doesn't formally keep track. Mr. DePaolo said it would be useful for him to figure out where to find the inflection point between foreclosing on certain practices and allowing people to benefit from an economy that's emerging. Town Board Meeting 10-29-2018 page 8 Mr. Bates said it's not that it's not happening anywhere else, but he thinks a lot of people are waiting to see what happens with the law. The rental registry has helped because it's putting people on guard, so they might be keeping it more hush-hush: screening it themselves and keeping it low key so we're not getting complaints from neighbors. There are several properties that have been purchased just for short term rentals; they would not be grandfathered in, and therefore would not be exempt from the law. Sidewalks Committee: Mr. Goodman said we looked at the parcels that would be added to a sidewalk district in Forest Home. We got confirmation from Jay Franklin at the assessment office that non-profit educational institutions could be charged sidewalk fees for construction, but not for maintenance, so we could include some Cornell parcels. We looked at charging the parcels over time, rather than all at once, to recoup the expense of constructing the sidewalk. 8. Report of Town Officials Mr. Goodman went to the annual meeting of the Forest Home Improvement Association and gave them an update. They're very interested in work they'd like to see done where the retaining wall is falling apart near the upstream bridge. They're also interested in the Forest Home walkway extension, and he reported that we put money in the budget for a study. He told them about the idea of closing part of Forest Home Drive when the retaining wall gets too decrepit and needs to be fixed, but the residents weren't very happy about that idea. They weren't aware that some people in the neighborhood would support closing it, and were surprised that Herb Engman started talking about this years ago when we first got the cost estimate. Ms. Ritter said the town got $30,000 from Maplewood for traffic calming on Mitchell Street. The town has to approve the invoices. The city is interested building a speed hump west of the intersection of Mitchell Street and Vine Street. They also want to install a speed feedback sign on Mitchell eastbound. She has talked to Jeff Smith, county highway manager, about getting a speed feedback sign outside the cemetery between Pine Tree Road and the Maplewood apartments, and he agreed this would be a good spot. We haven't heard back from the state regarding speed limit reduction. The city also wants more school zone signage. Maplewood was responsible for the raised sidewalk on Mitchell Street, which is on its third iteration. Their first attempt wasn't built to standards, then there was a second iteration, and now they're getting complaints that the third iteration is too high. We're going back to the designers, TG Miller; they need to do something soon before the asphalt plants close in mid-November. Mr. Goodman said they just had some paving done in his neighborhood on Rachel Carson Way, and one company put in two speed humps, which people thought were too low; another company just installed a third one, and people think it's too high. Ms. Ritter said there are New York State standards, so Jeff Smith wants to make sure they're following that; he also didn't think signage was placed correctly. It affects the town because we signed a memorandum of understanding, so the fact that the public is complaining about its safety puts us on notice. Mr. Bates said we're starting to get the 911 addressing changes. He's been receiving lots of calls, not because of our letter, but because the post office also sent a letter to people who hadn't changed their addresses, saying if they didn't comply, they wouldn't get their mail. So people are upset with us. Some property owners didn't inform their tenants of the address change, adding to Town Board Meeting 10-29-2018 page 9 the confusion. We've redone numbers on King Road, Northview, Valleyview mobile home park, and we're going to have to do all of Seven Mile Drive. This effort is partly because of county emergency services and partly to get proper addresses for accessory dwelling units. You can't have half numbers, decimals, or dashes. Previously when 911 addressing was done, there was no rhyme or reason. Now he's trying to take a reasonable approach and use some standards other municipalities have applied. Ms. Hunter asked what the problem is that we're trying to solve. Mr. Bates responded that they didn't allow for growth, so when anyone subdivides or puts a house on an undeveloped parcel, there are no numbers left to give them. His formula is to go every 50 feet, because generally within the town, you're not building within 50 feet of each other. The city is different. The county is recommending our system to other towns. Mr. Solvig reported that the 2018 bond issue is preliminarily scheduled to go on sale November 20th in the amount of$4,150,000. Mr. Goodman said we've got openings on the planning board and zoning board. He asked if any town board members were interested in serving on either of the interview committees. As chair of planning committee, Mr. DePaolo expressed interest in the planning board interview committee. Mr. Goodman will ask Mr. Levine if he wants to be on the interview committee for the zoning board candidate. Mr. Goodman will serve on both. 9. Correspondence—Ithaca College Catering ABC letter No one had comments about this. 10. Consent Agenda a. Town of Ithaca Abstract TB Resolution 2018-142: Adopt Consent Agenda Resolved that the Town Board of the Town of Ithaca hereby approves and/or adopts the following Consent Agenda items: a. Approval of Town of Ithaca Abstract Moved: Rich DePaolo Seconded: Tee-Ann Hunter Vote Ayes: Goodman, DePaolo, Leary, Bleiwas, Howe, Hunter TB Resolution 2018-142a: Town of Ithaca Abstract No. 14 for FY-2018 Whereas the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and Town Board Meeting 10-29-2018 page 10 Whereas the said vouchers have been audited for payment by the said Town Board; now therefore be it Resolved that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 1391 - 1469 General Fund Townwide 117,084.58 General Fund Part-Town 20,782.96 Highway Fund Town Wide DA 3,091.58 Highway Fund Part Town DB 23,361.74 Water Fund 17,774.47 Sewer Fund 53,614.77 Gateway Trail—H8 State Route 96b Sidewalk—H7 Park Lane Water Main Improv—Hl 1 Sapsucker Woods Water Main—H12 Christopher Circle Water Main—H13 Ellis Hollow Water Tank—H10 57.99 Risk Retention Fund 2,375.00 Fire Protection Fund 255,000.00 Forest Home Lighting District 176.06 Glenside Lighting District 68.47 Renwick Heights Lighting District 81.08 Eastwood Commons Lighting District 174.56 Clover Lane Lighting District 20.21 Winner's Circle Lighting District 68.08 Burleigh Drive Lighting District 68.61 West Haven Road Lighting District 207.11 Coddington Road Lighting District 123.46 Trust and Agency 4,334.61 Debt Service TOTAL 498,465.34 11. Consider entering closed session to discuss union negotiations Upon a motion by Mr. Goodman, seconded by Mr. Howe, the board entered closed session at 6:15 to discuss union negotiations. 12. Consider adjournment Mr. Goodman moved to re-enter open session and adjourn with no further discussion or action taken by the board. Town Board Meeting 10-29-2018 page 11 Submitted by Debra DeAugistine, Deputy Town Clerk Town Board Meeting 10-29-2018 page 12 Agency Use Only[If applicable] Full Environmental Assessment Form Project: IStream Setback Modifications Part 2-Identification of Potential Project Impacts Date: October 2018 Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could be affected by a proposed project or action. We recognize that the lead agency's reviewer(s)will not necessarily be environmental professionals. So,the questions are designed to walk a reviewer through the assessment process by providing a series of questions that can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2,the form identifies the most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed,the lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity. If the lead agency is a state agency and the action is in any Coastal Area,complete the Coastal Assessment Form before proceeding with this assessment. Tips for completing Part 2: • Review all of the information provided in Part 1. • Review any application,maps,supporting materials and the Full EAF Workbook. • Answer each of the 18 questions in Part 2. • If you answer"Yes"to a numbered question,please complete all the questions that follow in that section, • If you answer"No"to a numbered question,move on to the next numbered question. • Check appropriate column to indicate the anticipated size of the impact. • Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency checking the box"Moderate to large impact may occur." • The reviewer is not expected to be an expert in environmental analysis. • If you are not sure or undecided about the size of an impact,it may help to review the sub-questions for the general question and consult the workbook. • When answering a question consider all components of the proposed activity,that is,the"whole action". • Consider the possibility for long-term and cumulative impacts as well as direct impacts. • Answer the question in a reasonable manner considering the scale and context of the project. 1. Impact on Land Proposed action may involve construction on,or physical alteration of, ®NO ❑YES the land surface of the proposed site. (See Part 1. D.1) I "Yes", answer questions a J, I "No", move on to Section 2. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may involve construction on land where depth to water table is E2d ❑ ❑ less than 3 feet. b.The proposed action may involve construction on slopes of 15%or greater. E2f ❑ ❑ c.The proposed action may involve construction on land where bedrock is exposed,or E2a ❑ ❑ generally within 5 feet of existing ground surface. d.The proposed action may involve the excavation and removal of more than 1,000 tons D2a ❑ ❑ of natural material. e.The proposed action may involve construction that continues for more than one year Dle ❑ ❑ or in multiple phases. f.The proposed action may result in increased erosion,whether from physical D2e,D2q ❑ ❑ disturbance or vegetation removal(including from treatment by herbicides). g.The proposed action is,or may be,located within a Coastal Erosion hazard area. B 1 i ❑ ❑ h.Other impacts: ❑ ❑ Page 1 of 10 2. Impact on Geological Features The proposed action may result in the modification or destruction of,or inhibit access to,any unique or unusual land forms on the site(e.g.,cliffs,dunes, ®NO ❑YES minerals,fossils,caves). (See Part 1. E.2.g) I "Yes", answer questions a-c. I "No", move on to Section 3. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.Identify the specific land form(s)attached: Egg ❑ ❑ b.The proposed action may affect or is adjacent to a geological feature listed as a E3c ❑ ❑ registered National Natural Landmark. Specific feature: c. Other impacts: ❑ ❑ 3. Impacts on Surface Water The proposed action may affect one or more wetlands or other surface water ®NO ❑YES bodies(e.g.,streams,rivers,ponds or lakes). (See Part 1. D.2,E.21) I "Yes", answer questions a-1. I "No", move on to Section 4. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may create a new water body. D2b,Dlh ❑ ❑ b.The proposed action may result in an increase or decrease of over 10%or more than a D2b ❑ ❑ 10 acre increase or decrease in the surface area of any body of water. c.The proposed action may involve dredging more than 100 cubic yards of material D2a ❑ ❑ from a wetland or water body. d.The proposed action may involve construction within or adjoining a freshwater or E2h ❑ ❑ tidal wetland,or in the bed or banks of any other water body. e.The proposed action may create turbidity in a waterbody,either from upland erosion, D2a,D2h ❑ ❑ runoff or by disturbing bottom sediments. f.The proposed action may include construction of one or more intake(s)for withdrawal D2c ❑ ❑ of water from surface water. g.The proposed action may include construction of one or more outfall(s)for discharge D2d ❑ ❑ of wastewater to surface water(s). h.The proposed action may cause soil erosion,or otherwise create a source of D2e ❑ ❑ stormwater discharge that may lead to siltation or other degradation of receiving water bodies. i.The proposed action may affect the water quality of any water bodies within or E2h ❑ ❑ downstream of the site of the proposed action. j.The proposed action may involve the application of pesticides or herbicides in or D2q,E2h ❑ ❑ around any water body. k.The proposed action may require the construction of new,or expansion of existing, D1 a,D2d ❑ ❑ wastewater treatment facilities. Page 2 of 10 1.Other impacts: ❑ ❑ 4. Impact on groundwater The proposed action may result in new or additional use of ground water,or R]NO ❑YES may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1.D.2.a,D.2.c,D.2.d,D.2.p,D.2.q,D.2.t) If"Yes", answer questions a-h. If"No", move on to Section 5. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may require new water supply wells,or create additional demand D2c ❑ ❑ on supplies from existing water supply wells. b.Water supply demand from the proposed action may exceed safe and sustainable D2c ❑ ❑ withdrawal capacity rate of the local supply or aquifer. Cite Source: c.The proposed action may allow or result in residential uses in areas without water and Dia,D2c ❑ ❑ sewer services. d.The proposed action may include or require wastewater discharged to groundwater. D2d,E21 ❑ ❑ e.The proposed action may result in the construction of water supply wells in locations D2c,EIf, ❑ ❑ where groundwater is,or is suspected to be,contaminated. Elg,Elh f.The proposed action may require the bulk storage of petroleum or chemical products D2p,E21 ❑ ❑ over ground water or an aquifer. g.The proposed action may involve the commercial application of pesticides within 100 E2h,D2q, ❑ ❑ feet of potable drinking water or irrigation sources. E21,D2c h. Other impacts: ❑ ❑ 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. ONO ❑YES (See Part 1.E.2) I "Yes", answer questions a-g. I "No", move on to Section 6. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may result in development in a designated floodway. E2i ❑ ❑ b.The proposed action may result in development within a 100 year floodplain. E2j ❑ ❑ c.The proposed action may result in development within a 500 year floodplain. E2k ❑ ❑ d.The proposed action may result in,or require,modification of existing drainage D2b,D2e ❑ ❑ patterns. e.The proposed action may change flood water flows that contribute to flooding. D2b,E2i, ❑ ❑ E2',E2k f.If there is a dam located on the site of the proposed action,is the dam in need of repair, E 1 e ❑ ❑ or upgrade? Page 3 of 10 g.Other impacts: ❑ ❑ 6. Impacts on Air The proposed action may include a state regulated air emission source. ZNO []YES (See Part 1.D.21,D,2,h,D.2.g) If"Yes", answer questions a-f If"No", move on to Section 7. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.If the proposed action requires federal or state air emission permits,the action may also emit one or more greenhouse gases at or above the following levels: i. More than 1000 tons/year of carbon dioxide(CO2) D2g ❑ ❑ ii. More than 3.5 tons/year of nitrous oxide(N20) D2g ❑ ❑ iii.More than 1000 tons/year of carbon equivalent of perfluorocarbons(PFCs) D2g ❑ ❑ iv.More than.045 tons/year of sulfur hexafluoride(SF6) D2g ❑ ❑ v. More than 1000 tons/year of carbon dioxide equivalent of D2g ❑ ❑ hydrochloroflourocarbons(HFCs)emissions vi.43 tons/year or more of methane D2h ❑ ❑ b.The proposed action may generate 10 tons/year or more of any one designated D2g ❑ ❑ hazardous air pollutant,or 25 tons/year or more of any combination of such hazardous air pollutants. c.The proposed action may require a state air registration,or may produce an emissions D2f,D2g ❑ ❑ rate of total contaminants that may exceed 5 lbs.per hour,or may include a heat source capable of producing more than 10 million BTU's per hour. d.The proposed action may reach 50%of any of the thresholds in"a"through"c", D2g ❑ ❑ above. e.The proposed action may result in the combustion or thermal treatment of more than 1 D2s ❑ ❑ ton of refuse per hour. f.Other impacts: ❑ ❑ 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1. E.2.m.-q.) W]NO []YES I "Yes", answer questions a J. I "No", move on to Section 8. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may cause reduction in population or loss of individuals of any E2o ❑ ❑ threatened or endangered species,as listed by New York State or the Federal government,that use the site,or are found on,over,or near the site. b.The proposed action may result in a reduction or degradation of any habitat used by E2o ❑ ❑ any rare,threatened or endangered species,as listed by New York State or the federal government. c.The proposed action may cause reduction in population,or loss of individuals,of any E2p ❑ ❑ species of special concern or conservation need,as listed by New York State or the Federal government,that use the site,or are found on,over,or near the site. d.The proposed action may result in a reduction or degradation of any habitat used by E2p ❑ ❑ any species of special concern and conservation need,as listed by New York State or the Federal government. Page 4 of 10 e.The proposed action may diminish the capacity of a registered National Natural E3c ❑ ❑ Landmark to support the biological community it was established to protect. f.The proposed action may result in the removal of,or ground disturbance in,any E2n ❑ ❑ portion of a designated significant natural community. Source: g.The proposed action may substantially interfere with nesting/breeding,foraging,or E2m ❑ ❑ over-wintering habitat for the predominant species that occupy or use the project site. h.The proposed action requires the conversion of more than 10 acres of forest, Elb ❑ ❑ grassland or any other regionally or locally important habitat. Habitat type&information source: i.Proposed action(commercial,industrial or recreational projects,only)involves use of D2q ❑ ❑ herbicides or pesticides. j.Other impacts: ❑ ❑ 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) WINO ❑YES I "Yes", answer questions a-h. I "No", move on to Section 9. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may impact soil classified within soil group 1 through 4 of the E2c,E3b ❑ ❑ NYS Land Classification System. b.The proposed action may sever,cross or otherwise limit access to agricultural land Ela,Elb ❑ ❑ (includes cropland,hayfields,pasture,vineyard,orchard,etc). c.The proposed action may result in the excavation or compaction of the soil profile of E3b ❑ ❑ active agricultural land. d.The proposed action may irreversibly convert agricultural land to non-agricultural Elb,E3a ❑ ❑ uses,either more than 2.5 acres if located in an Agricultural District,or more than 10 acres if not within an Agricultural District. e.The proposed action may disrupt or prevent installation of an agricultural land El a,Elb ❑ ❑ management system. f.The proposed action may result,directly or indirectly,in increased development C2c,C3, ❑ ❑ potential or pressure on farmland. D2c,D2d g.The proposed project is not consistent with the adopted municipal Farmland C2c ❑ ❑ Protection Plan. h.Other impacts: ❑ ❑ Page 5 of 10 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from,or are in WINO ❑YES sharp contrast to,current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1. E.La,E.Lb,E.31.) I "Yes", answer questions a-g, I "No",go to Section 10. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.Proposed action may be visible from any officially designated federal,state,or local E3h ❑ ❑ scenic or aesthetic resource. b.The proposed action may result in the obstruction,elimination or significant E3h,C2b ❑ ❑ screening of one or more officially designated scenic views. c.The proposed action may be visible from publicly accessible vantage points: E3h i.Seasonally(e.g.,screened by summer foliage,but visible during other seasons) ❑ ❑ ii.Year round ❑ ❑ d.The situation or activity in which viewers are engaged while viewing the proposed E3h action is: E2q, i. Routine travel by residents,including travel to and from work ❑ ❑ ii.Recreational or tourism based activities Elc ❑ ❑ e.The proposed action may cause a diminishment of the public enjoyment and E3h ❑ ❑ appreciation of the designated aesthetic resource. f. There are similar projects visible within the following distance of the proposed Dla,Ela, ❑ ❑ project: Dlf,Dlg 0-1/2 mile %z-3 mile 3-5 mile 5+ mile g.Other impacts: ❑ ❑ 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological ©NO F]YES resource. (Part 1.E.3.e,f.and g.) If"Yes", answer questions a-e. If"No",go to Section 11. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may occur wholly or partially within,or substantially contiguous E3e ❑ ❑ to,any buildings,archaeological site or district which is listed on or has been nominated by the NYS Board of Historic Preservation for inclusion on the State or National Register of Historic Places. b.The proposed action may occur wholly or partially within,or substantially contiguous E3f ❑ ❑ to,an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory. c.The proposed action may occur wholly or partially within,or substantially contiguous E3g ❑ ❑ to,an archaeological site not included on the NY SHPO inventory. Source: Page 6 of 10 d.Other impacts: ❑ ❑ If any of the above(a-d)are answered"Moderate to large impact may e. occur",continue with the following questions to help support conclusions in Part 3: i. The proposed action may result in the destruction or alteration of all or part De,E3g, ❑ ❑ of the site or property. E3f ii. The proposed action may result in the alteration of the property's setting or Be,E3f, ❑ ❑ integrity. E3g,Ela, Elb iii. The proposed action may result in the introduction of visual elements which Be,E3f, ❑ ❑ are out of character with the site or property,or may alter its setting. E3g,E3h, C2,C3 11. Impact on Open Space and Recreation The proposed action may result in a loss of recreational opportunities or a 0 NO RYES reduction of an open space resource as designated in any adopted municipal open space plan. (See Part 1. C.2.c,E.l.c.,E.2.q.) 1 "Yes", answer questions a-e. 1 "No",go to Section 12. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may result in an impairment of natural functions,or"ecosystem D2e,Elb ❑ ❑ services",provided by an undeveloped area,including but not limited to stormwater E2h, storage,nutrient cycling,wildlife habitat. E2m,E2o, E2n,E2 b.The proposed action may result in the loss of a current or future recreational resource. C2a,EIc, ❑ ❑ C2c,E2 c.The proposed action may eliminate open space or recreational resource in an area C2a,C2c ❑ ❑ with few such resources. Elc,E2q d.The proposed action may result in loss of an area now used informally by the C2c,EI c ❑ ❑ community as an open space resource. e. Other impacts: ❑ ❑ 12. Impact on Critical Environmental Areas The proposed action may be located within or adjacent to a critical a NO YES environmental area(CEA). (See Part 1.E.3.d) 1 "Yes", answer questions a-c. 1 "No",go to Section 13. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may result in a reduction in the quantity of the resource or E3d ❑ ❑ characteristic which was the basis for designation of the CEA. b.The proposed action may result in a reduction in the quality of the resource or E3d ❑ ❑ characteristic which was the basis for designation of the CEA. c.Other impacts: ❑ ❑ Page 7 of 10 13. Impact on Transportation The proposed action may result in a change to existing transportation systems. QNO F]YES (See Part 1.13.2j) I "Yes", answer questions a-,f 1 `No",go to Section 14. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.Projected traffic increase may exceed capacity of existing road network. D2j ❑ ❑ b.The proposed action may result in the construction of paved parking area for 500 or D2j ❑ ❑ more vehicles. c.The proposed action will degrade existing transit access. D2j ❑ ❑ d.The proposed action will degrade existing pedestrian or bicycle accommodations. D2j ❑ ❑ e.The proposed action may alter the present pattern of movement of people or goods. D2j ❑ ❑ f. Other impacts: ❑ ❑ 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. ©NO YES (See Part 1. D.21) 1 "Yes", answer questions a-e. 1 "No", go to Section 15. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action will require a new,or an upgrade to an existing,substation. D2k ❑ ❑ b.The proposed action will require the creation or extension of an energy transmission D 1 f, ❑ ❑ or supply system to serve more than 50 single or two-family residences or to serve a Dlq,D2k commercial or industrial use. c.The proposed action may utilize more than 2,500 M Whrs per year of electricity. D2k ❑ ❑ d.The proposed action may involve heating and/or cooling of more than 100,000 square D 1 g ❑ ❑ feet of building area when completed. e.Other Impacts: 15. Impact on Noise,Odor,and Light The proposed action may result in an increase in noise,odors,or outdoor lighting. ©NO YES (See Part 1.D.2.m.,n.,and o.) 1 "Yes", answer questions a-,f 1 "No",go to Section 16. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may produce sound above noise levels established by local D2m ❑ ❑ regulation. b.The proposed action may result in blasting within 1,500 feet of any residence, D2m,Eld ❑ ❑ hospital,school,licensed day care center,or nursing home. c.The proposed action may result in routine odors for more than one hour per day. D2o ❑ ❑ Page 8 of 10 d.The proposed action may result in light shining onto adjoining properties. D2n ❑ ❑ e.The proposed action may result in lighting creating sky-glow brighter than existing D2n,E 1 a ❑ ❑ area conditions. f.Other impacts: ❑ ❑ 16. Impact on Human Health The proposed action may have an impact on human health from exposure ©NO ❑YES to new or existing sources of contaminants. (See Part 1.D.2.q.,E.1.d. f. g.and h.) 1 "Yes", answer questions a-m. 1 "No",go to Section 17. Relevant No,or Moderate Part I small to large Question(s) impact impact may may cccur occur a.The proposed action is located within 1500 feet of a school,hospital,licensed day Eld ❑ ❑ care center,group home,nursing home or retirement community. b.The site of the proposed action is currently undergoing remediation. Elg,Elh ❑ ❑ c.There is a completed emergency spill remediation,or a completed environmental site Elg,Elh ❑ ❑ remediation on,or adjacent to,the site of the proposed action. d.The site of the action is subject to an institutional control limiting the use of the Elg,Elh ❑ ❑ property(e.g.,easement or deed restriction). e.The proposed action may affect institutional control measures that were put in place E 1 g,E 1 h ❑ ❑ to ensure that the site remains protective of the environment and human health. f.The proposed action has adequate control measures in place to ensure that future D2t ❑ ❑ generation,treatment and/or disposal of hazardous wastes will be protective of the environment and human health. g.The proposed action involves construction or modification of a solid waste D2q,E 1 f ❑ ❑ management facility. h.The proposed action may result in the unearthing of solid or hazardous waste. D2q,Elf ❑ ❑ i.The proposed action may result in an increase in the rate of disposal,or processing,of D2r,D2s ❑ ❑ solid waste. j.The proposed action may result in excavation or other disturbance within 2000 feet of Elf,Elg ❑ ❑ a site used for the disposal of solid or hazardous waste. Elh k.The proposed action may result in the migration of explosive gases from a landfill Elf,Elg ❑ ❑ site to adjacent off site structures. 1.The proposed action may result in the release of contaminated leachate from the 132s,Elf, ❑ ❑ project site. D2r m.Other impacts: Page 9 of 10 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. ZNO DYES (See Part 1.C.1,C.2. and C.3.) If"Yes", answer questions a-h. If`No",go to Section 18. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action's land use components may be different from,or in sharp C2,C3,Dla ❑ ❑ contrast to,current surrounding land use pattem(s). Ela,Elb b.The proposed action will cause the permanent population of the city,town or village C2 ❑ ❑ in which the project is located to grow by more than 5%. c.The proposed action is inconsistent with local land use plans or zoning regulations. C2,C2,C3 ❑ ❑ d.The proposed action is inconsistent with any County plans,or other regional land use C2,C2 ❑ ❑ plans. e.The proposed action may cause a change in the density of development that is not C3,Dlc, ❑ ❑ supported by existing infrastructure or is distant from existing infrastructure. Dld,Dlf, Dld,Elb f.The proposed action is located in an area characterized by low density development C4,D2c,D2d ❑ ❑ that will require new or expanded public infrastructure. D2j g.The proposed action may induce secondary development impacts(e.g.,residential or C2a ❑ ❑ commercial development not included in the proposed action) h.Other: ❑ ❑ 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. QNO RYES (See Part 1. C.2,C.3,D.2,E.3) 1 "Yes", answer questions a-g. I "No",proceed to Part 3. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may replace or eliminate existing facilities,structures,or areas De,E3f,E3g ❑ ❑ of historic importance to the community. b.The proposed action may create a demand for additional community services(e.g. C4 ❑ ❑ schools,police and fire) c.The proposed action may displace affordable or low-income housing in an area where C2,C3,Dlf ❑ ❑ there is a shortage of such housing. Dlg,Ela d.The proposed action may interfere with the use or enjoyment of officially recognized C2,E3 ❑ ❑ or designated public resources. e.The proposed action is inconsistent with the predominant architectural scale and C2,C3 ❑ ❑ character. f. Proposed action is inconsistent with the character of the existing natural landscape. C2,C3 ❑ ❑ Ela,Elb E2 ,E2h g.Other impacts: ❑ ❑ PRINT FULL FORM Page 10 of 10 Agency Use Only [IfApplicable] Project:IStream Setback Modifications Date: 10ctober2018 Full Environmental Assessment Form Part 3-Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. Based on the analysis in Part 3,the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page,the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact. • Assess the importance of the impact. Importance relates to the geographic scope,duration,probability of the impact occurring,number of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. • Provide the reason(s)why the impact may,or will not,result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s)imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets,as needed. The proposed action would amend Town Code, Chapter 270, titled "Zoning",to modify the Stream Setback provisions. Modifications include allowing the identification of the stream setback on applications/plats and site plans to be an approximation rather than a precise delineation (i.e. in metes/bounds). This is coupled with a new requirement that proposed development activities within 100 feet of the outer edge of setback Zone 2 (the outer zone,while Zone 1 is adjacent the stream)must include evidence,via documentation, on-site marking, or other means,that the proposed activity is outside the stream setback, or if not, that a variance will be sought. Another new provision requires final approved plats and site plans, on properties having a regulated stream,to contain a note stating that the property is subject to the Stream Setback provisions and that restrictions and setbacks apply. The change clarifies that an approximate delineation is permitted and this is coupled with additional requirements to ensure protection of streams in the town. Providing an approximate identification of the setback is a more realistic approach given the variable nature of stream channels. Factors such as topography,erodible soils, runoff velocity/volume, and vegetation create significant variability in the shape of streams channels(beds and banks)even along a very short stream segment. The stream setback provisions require measurements from the bankfull flow mark,with added setbacks for stream-side wetlands and steep slopes. Precise mapping/surveying of a required stream setback width, even for a relatively short segment of stream, is potentially a very time consuming, challenging and expensive process. In addition,for subdivision plats,the law requires any regulated stream on a property, no matter its length or if it is anywhere near a proposed development,to have its setback identified and delineated on a plat. The proposed local law eliminates potentially onerous aspects of the law while continuing to maintain and strengthen the intent of the Stream Setback provisions. No environmental impacts are anticipated as a result of the proposed action. Determination of Significance- Type 1 and Unlisted Actions SEQR Status: © Type 1 ❑Unlisted Identify portions of EAF completed for this Project: ©Part 1 ©Part 2 ©Part 3 Upon review of the information recorded on this EAF,as noted,plus this additional support information and considering both the magnitude and importance of each identified potential impact, it is the conclusion of the .as lead agency that: A. This project will result in no significant adverse impacts on the environment,and,therefore,an environmental impact statement need not be prepared. Accordingly,this negative declaration is issued. F--J B. Although this project could have a significant adverse impact on the environment,that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will,therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 617A). F-1 C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact statement must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly,this positive declaration is issued. Name of Action: Amending Town Code,Ch.270 titled"Zoning"to modify the Stream Setback provisions. Name of Lead Agency: Town of Ithaca Town Board Name of Responsible Officer in Lead Agency: William D.Goodman Title of Responsible Officer: Town Supervison Signature of Responsible Officer in Lead Agency: Z9,1 Date: I C t t;? Signature of Preparer if different from Responsible Officer) X Date: For Further Information: Contact Person: Susan Ritter Address: 1194 Kraft Road Telephone Number:607-273-1747 E-mail: sritter@town.ithaca.ny.us For Type I Actions and Conditioned Negative Declarations,a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located(e.g.,Town City Village of) Other involved agencies(if any) Applicant(if any) Environmental Notice Bulletin: littp-://w,ww.dec.iiv.ilov/enb/enb.htiiil PRINT FULL FORM I Page 2 of 2 Full Environmental Assessment Form Part I -Project and Setting Instructions for Completing Part 1 Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding, are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information;indicate whether missing information does not exist, or is not reasonably available to the sponsor;and,when possible,generally describe work or studies which would be necessary to update or fully develop that information. Applicants/sponsors must complete all items in Sections A&B. In Sections C,D&E,most items contain an initial question that must be answered either"Yes"or"No". If the answer to the initial question is"Yes",complete the sub-questions that follow. If the answer to the initial question is"No",proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the project sponsor to verify that the information contained in Part 1 is accurate and complete. A.Project and Sponsor Information. Name of Action or Project: Amending Town Code,Ch.270 titled"Zoning"to modify the Stream Setback provisions. Project Location(describe,and attach a general location map): Town-wide Brief Description of Proposed Action(include purpose or need): The proposed action would amend the Town Code,Chapter 270,titled"Zoning",to modify the Stream Setback provisions pertaining to the identification of the stream setbacks on applications and plats and other related provisions. Specifically,the modifications clarify that an approximate identification of the stream setback is permitted to be shown on applications/plats and site plans,rather than a precise delineation(ie.in metes/bounds).This is coupled with a new requirement that any development proposal within 100 feet of outer limit of the setback zone 2(the outer zone,while zone 1 is adjacent the stream)must include evidence,via documentation,on-site marking,or other means,that the proposed activity is outside the stream setback or,if not,that a variance will be sought. Also added as a new requirement is that plats and site plans for properties having a regulated stream include a note stating the the property is subject to the Stream Setback provisions and that restrictions and setbacks apply. Name of Applicant/Sponsor: Telephone:607-273-1747 x120 Town of Ithaca E-Mail: Address: 215 North Tioga Street City/PO: Ithaca State: NY Zip Code:14850 Project Contact(if not same as sponsor;give name and title/role): Telephone:607-273-1747 ext.120 Susan Ritter, Director of Planning E-Mail: sritter@_town.ithaca.ny.us Address: 215 North Tioga Street City/PO: State: Zip Code: Ithaca NY 14850 Property Owner (if not same as sponsor): Telephone: N/A E-Mail: Address: City/PO: State: Zip Code: Page 1 of 13 B.Government Approvals B.Government Approvals,Funding,or Sponsorship. ("Funding"includes grants,loans,tax relief,and any other forms of financial assistance.) Government Entity If Yes: Identify Agency and Approval(s) Application Date Required (Actual or projected) a.City Council,Town Board, VIYesMNo Ithaca Town Board Oct.29,2018 scheduled public hearing or Village Board of Trustees b. City,Town or Village E]YesEZ]No Planning Board or Commission c.City Council,Town or MYesW]No Village Zoning Board of Appeals d.Other local agencies MYesONo e. County agencies MYes0No County Planning GML 239 referral,no official approval involved f.Regional agencies F"lYesMNo g. State agencies F-1YesF-1No h. Federal agencies F-1YesF-JNo i. Coastal Resources. i. Is the project site within a Coastal Area,or the waterfront area of a Designated Inland Waterway? MYes[Z]No ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? 0 YesF-1No iii. Is the project site within a Coastal Erosion Hazard Area? F-1 YesONo C.Planning and Zoning C.I.Planning and zoning actions. Will administrative or legislative adoption,or amendment of a plan,local law,ordinance,rule or regulation be the [Z]YesmNo only approval(s)which must be granted to enable the proposed action to proceed? ® If Yes,complete sections C:', F and G. ® If No,proceed to question C.2 and complete all remaining sections and questions in Part I C.2.Adopted land use plans. a. Do any municipally-adopted (city,town,village or county)comprehensive land use plan(s)include the site V]YesMNo where the proposed action would be located'? If Yes,does the comprehensive plan include specific recommendations for the site where the proposed action MYesONo would be located'? b. Is the site of the proposed action within any local or regional special planning district(for example: Greenway OYesMNo Brownfield Opportunity Area(BOA);designated State or Federal heritage area;watershed management plan; or other?) If Yes,identify the plan(s): -Cayuga LakeWatershedRestoration and Protection PI -tZ001) -Q u a Lake Scenic Byway ForestHome Historic District —qo , -a" c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, ®Yes[-INo or an adopted municipal farmland protection plan? If Yes,identify the plan(s): Town of lthqgag6 A iculture and Farmland Protection Plan Q1 1),Town of Ithaca Park,Recreation and open Space Plan 1 9W7),_. Page 2 of 13 C.3. Zoning a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. ®Yes❑No If Yes,what is the zoning classification(s)including any applicable overlay district? All zoning districts in the Town are affected by the law. b. Is the use permitted or allowed by a special or conditional use permit? N/A;action involves amending zoning ❑yes❑No c.Is a zoning change requested as part of the proposed action? ®Yes❑No If Yes, i.What is the proposed new zoning for the site?The action will not result in new zoning;it will modify Stream Setback provisions. CA.Existing community services. a.In what school district is the project site located? Ithaca City School District b.What police or other public protection forces serve the project site? Tompkins County Sheriff Department,Cornell University Campus Safety,Ithaca College Public Safety,NYS Police c.Which fire protection and emergency medical services serve the project site? Ithaca City Fire Department,Cayuga Heights Fire Department,Bangs Ambulance d.What parks serve the project site? There are numerous town parks.preserves and trails that serve the community in various locations of the town. In addition there are two State Parks, Buttermilk Falls S.P.and Robert H.Treman S.P.,located within the town. D.Project Details D.1.Proposed and Potential Development a.What is the general nature of the proposed action(e.g.,residential,industrial,commercial,recreational;if mixed,include all components)? b.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres c.Is the proposed action an expansion of an existing project or use? ❑Yes❑No i. If Yes,what is the approximate percentage of the proposed expansion and identify the units(e.g.,acres,miles,housing units, square feet)? % Units: d.Is the proposed action a subdivision,or does it include a subdivision? ❑Yes❑No If Yes, i. Purpose or type of subdivision?(e.g.,residential,industrial,commercial;if mixed,specify types) ii. Is a cluster/conservation layout proposed? ❑Yes❑No iii.Number of lots proposed? iv. Minimum and maximum proposed lot sizes? Minimum Maximum e.Will proposed action be constructed in multiple phases? ❑Yes❑No i. If No,anticipated period of construction: months H. If Yes: • Total number of phases anticipated • Anticipated commencement date of phase I (including demolition) month year • Anticipated completion date of final phase month _year • Generally describe connections or relationships among phases,including any contingencies where progress of one phase may determine timing or duration of future phases: Page 3 of 13 e.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district ❑Yes[]No which is listed on,or has been nominated by the NYS Board of Historic Preservation for inclusion on,the State or National Register of Historic Places? If Yes: L Nature of historic/archaeological resource: El Archaeological Site ❑Historic Building or District ii.Name: iii. Brief description of attributes on which listing is based: f.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for Yes[]No archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? g.Have additional archaeological or historic site(s)or resources been identified on the project site? ❑Yes❑No If Yes: i.Describe possible resource(s): ii. Basis for identification: h.Is the project site within fives miles of any officially designated and publicly accessible federal,state,or local ❑Yes❑No scenic or aesthetic resource? If Yes: L Identify resource: ii.Nature of,or basis for,designation(e.g.,established highway overlook,state or local park,state historic trail or scenic byway, etc.): iii. Distance between project and resource: miles. i. Is the project site located within a designated river corridor under the Wild,Scenic and Recreational Rivers ❑Yes❑No Program 6 NYCRR 666? If Yes: L Identify the name of the river and its designation: ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 666? ❑Yes❑No F.Additional Information Attach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could be associated with your proposal,please describe those impacts plus any measures which you propose to avoid or minimize them. G. Verification I certify that the information provided is true to the best of my knowledge. Applicant/Sponsor Name Town of Ithaca,William D.Goodman Date Signature - , Title Town Supervisor PRINT FORM Page 13 of 13